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2013, 01-15 Study Session Meeting
AGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Tuesday,January 15,2013 6:00 p.m. CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue,First Floor (Please Silence Your Cell Phones During the Meeting) DISCUSSION LEADER SUBJECT/ACTIVITY GOAL ROLL CALL ACTION ITEMS: 1.Mayor Towey Determination of Candidates to Interview Motion Consideration For Interim Councilmember#1[public comment] NON-ACTION ITEMS 2.Martin Palaniuk CTA 04-12 Code Text Amendments Discussion/Information 3. Scott Kuhta,John Hohman Shops/Storage Sheds in Residential Discussion/Information Areas 4.Eric Guth Draft Interlocal,Decant Facility Discussion/Information 5. Steve Worley Street Preservation Project Change Discussion/Information Order 6.Mayor Towey Advance Agenda Discussion/Information 7. Information Only: (will not be discussed or reported): City Hall at the Mall Update 8.Mayor Towey Council Check-in Discussion/Information 9.Mike Jackson City Manager Comments Discussion/Information ADJOURN Note: Unless otherwise noted above,there will be no public comments at Council Study Sessions. However,Council always reserves the right to request information from the public and staff as appropriate. During meetings held by the City of Spokane Valley Council,the Council reserves the right to take"action"on any item listed or subsequently added to the agenda. The term"action"means to deliberate,discuss,review,consider,evaluate, or make a collective positive or negative decision. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical,hearing,or other impairments,please contact the City Clerk at(509)921-1000 as soon as possible so that arrangements may be made. Study Session Agenda,Jan 15,2013 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 15,2013 Department Director Approval: n Check all that apply: n consent n old business ®new business n public hearing n information n admin.Report n pending legislation n executive session AGENDA ITEM TITLE: Motion Consideration: Applicant Interviews for Vacant Council position#1 GOVERNING LEGISLATION: RCW 35A.13.020,RCW 42.12.070 PREVIOUS COUNCIL ACTION TAKEN: January 8, 2013, Council approved the procedure for filling a council vacancy. BACKGROUND: On December 11, 2012, Councilmember Brenda Grassel resigned her position by verbal notice, effective December 31, 2012. Pursuant to RCW 35A.13.020, City Council has within ninety (90) days of the vacancy, to appoint a qualified person to the vacant position. If this timeframe is not met, the City's authority in this matter would cease and the County would appoint a qualified person to fill the vacancy. The date to meet the ninety day deadline is March 21,2013. Once Council makes the appointment, the newly appointed Councilmember's term would begin immediately and end once the November 2013 general election results are certified,which is expected to be November 26,2013. The Procedure for Filling a Council Vacancy, states in part: 4. January 15,2013: Review applications and select those to interview 5:00 p.m. City Council will meet and adjourn to executive session to review and discuss all of the applications. After the review and discussion, 6:00 p.m. City Council will return to open session to discuss and select applicants to interview. Selection will be by nomination and second. A vote will be taken and candidates receiving three or more votes will be interviewed. Immediately after the 6:00 p.m. January 15, 2013 meeting, the Clerk will send the list of approved questions to all those to be interviewed. 5.Tuesday,January 29,2013 The interviews will be conducted. Each interview will be a maximum of 30 minutes. RECOMMENDED ACTION OR MOTION: For each nomination "I nominate to be included as a candidate to interview January 29, 2013 for vacant Council position#1." [a second to the nomination is required] Once all nominations have been made and seconded, a motion to close the nominations is appropriate. Council will then vote on each person nominated. Candidates receiving three or more votes will be interviewed. STAFF/COUNCIL CONTACT: Mayor Towey/Mike Jackson ATTACHMENTS: Approved Procedure for Filling Council Vacancy. Timely submitted applications for council vacancy will be distributed to council separately. SPOKANE VALLEY CITY COUNCIL PROCEDURE FOR FILLING A COUNCIL VACANCY A. Timeline/Procedure: 1. Publication The City will publish the vacancy and invite citizens of the City who are interested and qualified to sit as a Council member,to apply on an application form provided by the City. Qualifications to sit as a Council member are set forth in RCW 35A.13.020,which refers to RCW 35A.12.030. The vacancy announcement will be published December 21,December 28, and January 4. 2. Tuesday,January 8,2013. Council approves list of candidate questions. 3.Deadline for the City Clerk to receive applications shall be no later than 4:00 p.m.Friday,January 11,2013. 4. January 15,2013: Review applications and select those to interview 5:00 p.m. City Council will meet and adjourn to executive session to review and discuss all of the applications. After the review and discussion, 6:00 p.m. City Council will return to open session to discuss and select applicants to interview. Selection will be by nomination and second. A vote will be taken and candidates receiving three or more votes will be interviewed. Immediately after the January 15, 2013 meeting,the Clerk will send a list of questions to all those to be interviewed. 5.Tuesday,January 29,2013 The interviews will be conducted. Each interview will be a maximum of 30 minutes. 6.February 5,2013 5:00 p.m. Council will have an executive session(closed session)to discuss applicants. 6:00 p.m. Council will vote in open session to fill the vacancy. Upon selection of the new councilmember, that person will be sworn in by the Clerk, and take their seat at the dias. B. Interview Questions/Process: 1. City Council members interested in submitting interview questions for applicants to answer will provide their top five questions (which they have rank ordered in terms of importance) to the City Manager by end of day Wednesday,January 2, 2013 2. Staff will compile the list of City Council members' questions. Where questions are regarding the same topic, staff will combine them while attempting to capture the specificity of the individual question. 3. Council will approve the final questions. 4. Each Councilmember will ask each candidate up to three of the questions. 5. Candidates will be interviewed in alphabetical order of last name. C.Voting Process: 1.A City Council member may nominate an applicant to fill the vacancy. A second is required. If no second is received, that applicant shall not be considered further unless no applicant receives a second, in which case all applicants who were nominated may be considered again. Once the nominations are given,the Mayor will close the nominations and Council will proceed to vote. 2.Any vote to approve an applicant shall be by voice or raised hand in the affirmative or negative. 3. The vacancy can only be filled if a majority of the City Council present affirmatively votes for the applicant, i.e. if five City Council members are present, this would require at least three out of five City Council members voting for an applicant. 4. If no applicant receives a majority of votes from the City Council, then the three applicants receiving the most affirmative votes would be considered in a second round. In a second round of consideration,the same process would be followed as before to determine if one applicant receives a majority of affirmative votes. If one of the three applicants still fails to receive a majority of affirmative, then the two applicants of the three who received the most affirmative votes would then be considered in a third round. In a third round of consideration,the same process would be followed as before to determine if one applicant receives a majority of affirmative votes. In the possible case of a vote resulting in one applicant gaining the most votes (but not a majority of votes of all councilmembers) and a three-way tie of three other candidates, Council will proceed with a second vote. 5. In the event the City Council fails after three rounds to arrive at a majority vote for an applicant, then the City Manager shall flip a coin to determine who shall fill the vacancy, with the applicant whose last name is closest to the letter A being assigned "heads" and the other person assigned "tails." D. Seating of New City Council Member: 1. Once an applicant has either received a majority of votes or wins the coin flip,the City Clerk shall administer the oath of office, and the new councilmember will be officially seated as a City Council member. E. Questions for Candidates: Candidates should be prepared to answer any of the following questions, even though every question might not be asked of each candidate. Potential Council Applicant Interview Questions 1. What is the primary responsibility of a councilperson to the citizens of Spokane Valley? 2. What are the most important issues we as a city are faced with today? 3. As a councilperson, one of the most challenging issues we face is balancing the budget for the City. Given that the majority of our revenue is from sales tax and property tax, how would you propose to strike a balance between revenues and expenses? At what point would you support additional revenues to maintain service levels? 4. Please explain what you think the most difficult aspect of being on the council would be. 5. Discuss your ideas on pavement preservation. What do you believe is/are the solutions for long term sustainability of our roads? 6. How can we determine what the citizens want for the future of Spokane Valley? 7. What do you envision the City of Spokane Valley will be like in ten and twenty years from now? 8. What are the three highest priorities the City needs to address and how do you propose to address these issues? 9. What do you think is the biggest challenge facing the City Council? 10. All total, Council members serve on approximately twenty different boards, committees, councils and task forces. Does your life style allow you to serve on at least three or four outside committees and share these responsibilities? It could mean up to 10 hours per month in addition to your Council duties. Would you be able to serve up to 100 hours per month as a City Council Member? 11. Do you plan to run and/or actively campaign for the November election for what will be a four- year term? 12. Have you attended City Council meetings in the past? 13. What lessons did you learn from attending Council meetings? 14. Why do you want to be on the city council? 15. What training and learning have you undertaken to understand the form of government into which you would be entering and the legal restrictions and responsibilities of a council member under Washington statutes? 16. What do you hope to accomplish as a Councilmember and what do you offer the City? 17. If the majority of the Council took a position that you were against, how would you handle your response to the public? 18. As a Councilmember,what new or different perspective would you bring to the City Council? 19. Are you aware and knowledgeable about the Open Meeting Act? 20. Are you aware and knowledgeable about the Public Disclosure Act? CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 15,2013 Department Director Approval: El Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin.report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Proposed text amendments to Spokane Valley Municipal Code (SVMC) Title 19.40, 19.60,and 19.70 GOVERNING LEGISLATION: RCW 36.70A.106; SVMC 17.80.150 and 19.30.040 PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: These amendments are intended to clarify issues in the SVMC that have previously been addressed,and/or allowed Director Interpretations or management decisions. These amendments seek to formalize these decisions by addressing the following areas in the SVMC: 1. Home occupations in the mixed use,commercial and industrial zones; 2. Accessory Dwelling Units in the mixed use,commercial and industrial zones; 3. Recreational Vehicles in the mixed use,commercial and industrial zones; 4. Residential development standards in the Mixed Use Center and Corridor Mixed Use zones; 5. Manufactured homes in manufactured home subdivisions. On November 8,2012,the Planning Commission conducted a public hearing to consider the amendments. Following public testimony and deliberations,the Commission voted 5-0 to recommend approval of the amendment. OPTIONS: Proceed to first ordinance reading as proposed; or direct staff further. RECOMMENDED ACTION: Council consensus to bring this forward for a first ordinance reading at the January 22,2013 Council meeting. BUDGET/FINANCIAL IMPACTS:None STAFF CONTACT: Martin Palaniuk,Planning Technician ATTACHMENTS: A. Proposed Amended Text B. Staff report presented to Planning Commission 11-8-12 (Staff Report exhibits 1, 7, 8, and 9 not attached to staff report as they are included as this RCA's Attachment A, C, and D) C. Planning Commission Meeting Minutes from 10-25-12, 11-8-12, and 12-13-12 D. Planning Commission Findings and Recommendation E. Presentation Chapter 19.40 DISTRICT PURPOSE AND SUPPLEMENTAL USE REGULATIONS—RESIDENTIAL ZONES 19.40.120 Manufactured housing. A. Pursuant to the requirements of RCW 35.21.684, the City does not discriminate against consumers' choices in the placement or use of a home that is not equally applicable to all homes. This section applies only to manufactured housing units placed on individual lots. B. Homes built to 42 U.S.C. 70 Sections 5401 through 5403 standards (as they may be amended) are regulated for the purposes of siting in the same manner as site-built homes, factory-built homes, or homes built to any other state construction or local design standard; provided, however, that the manufactured home shall: 1. Be a new manufactured home; and 2. Be set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved product which can be either load-bearing or decorative; and 3. Comply with all local design standards, including the requirement for a pitched roof with a slope of not less than 3:12, applicable to all other homes within the neighborhood in which the manufactured home is to be located; and 4. Be thermally equivalent to the state energy code; and 5. Otherwise meet all other requirements for a designated manufactured home as defined in RCW 35.63.160. C. This section does not override any legally recorded covenants or deed restrictions of record. A"new manufactured home" means any manufactured home required to be titled under RCW Title 46, which has not been previously titled to a retail purchaser, and is not a used mobile home as defined in RCW 82.45.032(2). A"designated manufactured home" is a manufactured home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which: 1. Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long; and 2. Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 3:12 pitch; and CTA-04-12 Proposed Text Amendment Page I 1 3. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built International Building Code single-family residences. D. An existing single wide manufactured home may be replaced with a new single wide manufactured home when replacement is initiated within 12 months of the date of damage which represents less than 80 percent of market value, or removal of existing habitable manufactured home. E. Manufactured homes with dimensional features that match or closely match the predominant manufactured home type within a manufactured home subdivision may be placed in the manufactured home subdivision without regard to the age of the manufactured home. CTA-04-12 Proposed Text Amendment Page 12 Chapter 19.40 DISTRICT PURPOSE AND SUPPLEMENTAL USE REGULATIONS—RESIDENTIAL ZONES 19.40.140 Home occupations. A. Applicability. Any person, group or entity conducting a "for profit" enterprise from a location whose primary use is a residence must obtain a home occupation permit. A home occupation may be established in a residence that has been legally permitted. Businesses may be exempt from the home occupation permit fee, as established by the master fee schedule, if all of the following criteria are met: 1. There are no proposed exterior alterations to the residence or any accessory structure(s) which change the residential character of the property; 2. Goods and commodities associated with the business are not delivered to the premises; 3. There are no business customers visiting the premises; 4. There are no signs or window displays on the property related to the business; and 5. Any employees engaged in the business must live in the residence (no outside employees). B. Home occupations are permitted as accessory uses, except as indicated by subsection C of this section, incidental to the property's principal use as a residence, subject to the following requirements: 1. Property shall retain a residential appearance and character; 2. All storage shall be enclosed within the residence or accessory structure; 3. There shall be a limit of two employees not residing on the premises engaged in the home occupation; 4. One unlighted sign placed flush against the exterior wall of the principal structure not exceeding four square feet in area is permitted; 5. There shall be no window display nor shall sample commodities with the exception of flowers and produce grown on the premises be displayed outside the building(s); 6. The hours of operation of a home occupation are limited to 7:00 a.m. to 10:00 p.m.; 7. The home occupation use shall not create electronic interference including, but not limited to, interference with radio, satellite reception, telephone or television reception, nor generate measurable levels at the property line of noise, dust, smoke, odor or glare. The home occupation activity shall not generate solid waste in volume or type which is not normally associated with residential use unless specifically permitted; CTA-04-12 Proposed Text Amendment Page 13 8. Loading docks and mechanical loading devices are not permitted; 9. No traffic or parking of vehicles shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood and any need for parking must be accommodated within the required off-street parking for the dwelling unit; and 10. Uses which are detrimental to the existing residential appearance and character are not allowed as home occupations. C. Specific uses which are not permitted as home occupations include, but are not limited to, the following: adult retail use establishment, adult bookstore or adult entertainment establishment; auto repair; welding or metal plating shops; large appliance/electronics or equipment repair or service; small engine repair; truck hauling and/or tow storage yard; vehicle sales; cabinet making; manufacturing and/or related storage; kennel or stables; wholesale or retail sales; and restaurants/drinking establishments. CTA-04-12 Proposed Text Amendment Page 14 Chapter 19.60 DISTRICT PURPOSE AND SUPPLEMENTAL USE REGULATIONS—COMMERCIAL, OFFICE AND MIXED USE ZONES 19.60.010 General requirements. A. Nonresidential development shall meet the minimum setback and the maximum height requirements shown in Table 19.60-1. B. Residential development shall meet the minimum residential development standards for the MF-2 zone shown in Table 19.40-1 with the exception that the following setbacks shall apply (NOTE: alternate setbacks apply to multi-family adjacent to single-family uses or zoning. See 19.60.070 and 19.60.080): Front yard setback: 20 feet Rear yard setback: 10 feet Side yard setback: 5 feet Side yard — Flanking street setback: 20 feet Residential use adjacent to a nonresidential use Side yard (without living space window): 5 feet Side yard (with living space window): 10 feet C. A home occupation may be established in a residence that has been legally permitted excluding caretaker dwellings. D. Attached and detached Accessory Dwelling Units (ADU)are permitted in all zoning districts that permit single-family dwellings and shall adhere to the appearance of single-family residences. An attached ADU is an accessory dwelling unit that has one or more vertical and/or horizontal walls in common with, or attached to, the principal dwelling unit. A detached ADU is a freestanding accessory dwelling unit that is not attached or physically connected to the principal dwelling unit. Accessory dwelling units shall meet all provisions contained in SVMC 19.40.100, E. Recreational vehicles shall not be used as permanent or temporary dwelling units in any mixed use or commercial zone except in manufactured home parks. Guests may park and/or occupy a recreational vehicle while visiting the occupants of a dwelling unit located on the same lot for not more than 30 days in one consecutive 12-month period. The intent is to accommodate visiting guests and not to allow the recreational vehicle to be used as a dwelling unit. gF. Parking areas shall be paved and landscaped in accordance with Chapter 22.50 SVMC. G. New development exceeding three stories in height shall be provided with paved service lanes not less than 16 feet in width. -9H. All new development shall provide for shared access with adjacent properties. El. All outdoor trash, garbage and refuse storage areas shall be screened on all sides visible to public views or rights-of-way with a minimum five-and-one-half-foot-high concrete block or masonry wall or sight- obscuring fence with a sight-obscuring gate and two feet of Type II landscaping in accordance with Figure 22.70-8 SVMC. CTA-04-12 Proposed Text Amendment Page 15 J. The following structures may be erected above the height limits of this code in the Office, Commercial, and Mixed Use zones, provided: (1)the structure is accessory to or part of a building which is a permitted use in the zone; (2)the structure complies with the height limits in the Airport Overlay zone; and (3) no residential use of the structure shall occur above the height limits prescribed in the zone: 1. Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment to operate and maintain a building. 2. Fire or parapet walls, skylights, flagpoles, chimneys, church steeples, belfries, wireless masts, and similar structures. 3. Structures such as silos, feed mills, batch plants, and fixed cranes which are used in a manufacturing process which utilizes vertical processing and storage of materials. 4. Water stand pipes and tanks. GK. The following features attached to structures are allowed as exceptions to the setback standards: 1. Minor Projections Allowed. Minor features of a structure, such as eaves, chimneys, fire escapes, bay windows no more than 12 feet long and which cantilever beyond the foundation of the structure, uncovered stairways, wheelchair ramps and uncovered decks or balconies, may extend into a required structure setback up to 20 percent of the depth of the setback. However, they may not be within three feet of a lot line when a setback is required. 2. Full Projections Allowed. In addition to subsection (G)(1) of this section, the following features are allowed to project farther into the required structure setback: a. Canopies, marquees, awnings and similar features may fully extend into a street setback and may extend into the public right-of-way subject to the requirements of the building code and adopted street standards. b. Uncovered stairways and wheelchair ramps that lead to one entrance on the street- facing facade of a building may fully extend into a street setback. c. Uncovered decks and stairways that are no more than 42 inches above the ground may fully extend into a required structure setback. d. On lots that slope down from the street, vehicular and pedestrian entry bridges that are no more than 42 inches above the average sidewalk elevation may fully extend into a required structure setback. e. Balconies may extend into public rights-of-way as allowed in the building code and adopted street standards. CTA-04-12 Proposed Text Amendment Page 16 f. Attached mechanical equipment such as heat pumps, air conditioners, emergency generators and water pumps are allowed to project into the side or rear yard setback only. 14L. Mobile food vendors with permission of the property owner, health certificate and permit. M. Community facilities and public utility distribution facility(ies), except power poles and underground transformers, shall comply with the following conditions: 1. The requirements for landscaping, signage, lighting and other requirements shall apply. 2. Type I landscape screening is required along property line(s)adjacent to a residential use or zone. 4N. Public utility transmission facility shall comply with the following conditions: 1. The utility company shall secure the necessary property or right-of-way to assure for the property construction, continued maintenance, and general safety to the property adjoining the public utility transmission facility; 2. All support structures for electric transmission lines shall have their means of access located a minimum of 10 feet above ground; 3. The facilities shall be compatible with the surrounding uses either by distance, landscaping, buffering, or design, as determined by the director; and 4. The height of any structure above ground does not exceed 125 feet. CTA-04-12 Proposed Text Amendment Page 17 Chapter 19.70 DISTRICT PURPOSE AND SUPPLEMENTAL USE REGULATIONS—INDUSTRIAL ZONES 19.70.0101-1, Light Industrial district. A. The Light Industrial designation is a planned industrial area with special emphasis and attention given to aesthetics, landscaping and internal and community compatibility. Typical uses would include technology and other low-impact industries. Light Industrial areas may also include office and commercial uses as ancillary uses within an overall plan for industrial development. B. Supplemental Regulations. 1. The outdoor storage provisions contained in SVMC 19.60.060(B)shall apply to the I-1 district. 2. Mobile food vendors shall be located on/within designated areas which do not interfere with parking or internal circulation with permission of the property owner, health certificate and permit. 3. Setbacks. a. Front and flanking street yard setbacks shall be 20 feet; and b. Side and rear yard setbacks of 35 feet are required only adjacent to residential zoning districts. 4. The following structures may be erected above the height limits of this code, provided: (a)the structure is accessory to or part of a building which is a permitted use in the zone; (b)the structure complies with the height limits in the Airport Overlay zone; and (c) no residential use of the structure shall occur above the height limits prescribed in the zone: a. Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment to operate and maintain a building. b. Fire or parapet walls, skylights, flagpoles, chimneys, church steeples, belfries, wireless masts, and similar structures. c. Structures such as silos, feed mills, batch plants, and fixed cranes which are used in a manufacturing process which utilizes vertical processing and storage of materials. d. Water stand pipes and tanks. 5. All parking, maneuvering and outdoor storage areas shall be paved. Exemptions: CTA-04-12 Proposed Text Amendment Page 18 a. Parking and storage areas routinely used by cleated and other heavy equipment as approved by the planning director. b. The planning director may waive portions of these requirements upon recommendation by the Spokane regional clean air agency or the Spokane Valley development engineering division when it can be demonstrated that the proposed surfacing, such as grass pavers or other technology, will not adversely affect air quality, water quality or the integrity of the parking area. 6. The following features attached to structures are allowed as exceptions to the setback standards: a. Minor Projections Allowed. Minor features of a structure, such as eaves, chimneys, fire escapes, bay windows no more than 12 feet long and which cantilever beyond the foundation of the structure, uncovered stairways, wheelchair ramps and uncovered decks or balconies, may extend into a required structure setback up to 20 percent of the depth of the setback. However, they may not be within three feet of a lot line when a setback is required. b. Full Projections Allowed. In addition to subsection (B)(6)(a) of this section, the following features are allowed to project farther into the required structure setback: i. Canopies, marquees, awnings and similar features may fully extend into a street setback and may extend into the public right-of-way subject to the requirements of the building code and adopted street standards. ii. Uncovered stairways and wheelchair ramps that lead to one entrance on the street- facing facade of a building may fully extend into a street setback. iii. Uncovered decks and stairways that are no more than 42 inches above the ground may fully extend into a required structure setback. iv. On lots that slope down from the street, vehicular and pedestrian entry bridges that are no more than 42 inches above the average sidewalk elevation may fully extend into a required structure setback. v. Balconies may extend into public rights-of-way as allowed in the building code and adopted street standards. vi. Attached mechanical equipment such as heat pumps, air conditioners, emergency generators and water pumps are allowed to project into the side or rear yard setback only. CTA-04-12 Proposed Text Amendment Page 19 7. Community facilities and public utility distribution facility(ies), except power poles and underground transformers, shall comply with the following conditions: a. The requirements for landscaping, signage, lighting and other requirements shall apply. b. Type I landscape screening is required along property line(s) adjacent to a residential use or zone. 8. Public utility transmission facility shall comply with the following conditions: a. The utility company shall secure the necessary property or right-of-way to assure for the property construction, continued maintenance, and general safety to the property adjoining the public utility transmission facility; b. All support structures for electric transmission lines shall have their means of access located a minimum of 10 feet above ground; c. The facilities shall be compatible with the surrounding uses either by distance, landscaping, buffering, or design, as determined by the director; and d. The height of any structure above ground does not exceed 125 feet. 9. The following shall apply to all secondhand stores and consignment sales: a. The subject parcel must have frontage on an arterial; and b. Minimum building size of 15,000 gross square feet (gsf); and c. Limited to a single tenant. 10. A home occupation may be established in a residence that has been legally permitted excluding caretaker dwellings. 11. Recreational vehicles shall not be used as permanent or temporary dwelling units. Guests may park and/or occupy a recreational vehicle while visiting the occupants of a dwelling unit located on the same lot for not more than 30 days in one consecutive 12-month period. The intent is to accommodate visiting guests and not to allow the recreational vehicle to be used as a dwelling unit. CTA-04-12 Proposed Text Amendment Page 110 19.70.020 1-2, Heavy Industrial district. A. Heavy Industrial designated property is characterized by intense industrial activities which include manufacturing, processing, fabrication, assembly, freight handling and similar operations. Heavy industry may have significant noise, odor or aesthetic impacts. B. Supplemental Regulations. 1. 1-2 allows any use permitted in the I-1 zoning district, except as specifically provided in Appendix 19-A. 2. Mobile food vendors shall be located on/within designated areas which do not interfere with parking or internal circulation with permission of the property owner, health certificate and permit. 3. The following structures may be erected above the height limits of this code, provided: (a)the structure is accessory to or part of a building which is a permitted use in the zone; (b)the structure complies with the height limits in the Airport Overlay zone; and (c) no residential use of the structure shall occur above the height limits prescribed in the zone: a. Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment to operate and maintain a building. b. Fire or parapet walls, skylights, flagpoles, chimneys, church steeples, belfries, wireless masts, and similar structures. c. Structures such as silos, feed mills, batch plants, and fixed cranes which are used in a manufacturing process which utilizes vertical processing and storage of materials. d. Water stand pipes and tanks. 4. All parking, maneuvering and outdoor storage areas shall be paved. Exemptions: a. Parking and storage areas routinely used by cleated and other heavy equipment as approved by the planning director. b. The planning director may waive portions of these requirements upon recommendation by the Spokane regional clean air agency or the Spokane Valley development engineering division when it can be demonstrated that the proposed surfacing, such as grass pavers or other technology, will not adversely affect air quality, water quality or the integrity of the parking area. 5. The following features attached to structures are allowed as exceptions to the setback standards: CTA-04-12 Proposed Text Amendment Page 111 a. Minor Projections Allowed. Minor features of a structure, such as eaves, chimneys, fire escapes, bay windows no more than 12 feet long and which cantilever beyond the foundation of the structure, uncovered stairways, wheelchair ramps and uncovered decks or balconies, may extend into a required structure setback up to 20 percent of the depth of the setback. However, they may not be within three feet of a lot line when a setback is required. b. Full Projections Allowed. In addition to subsection (B)(5)(a) of this section, the following features are allowed to project farther into the required structure setback: i. Canopies, marquees, awnings and similar features may fully extend into a street setback and may extend into the public right-of-way subject to the requirements of the building code and adopted street standards. ii. Uncovered stairways and wheelchair ramps that lead to one entrance on the street- facing facade of a building may fully extend into a street setback. iii. Uncovered decks and stairways that are no more than 42 inches above the ground may fully extend into a required structure setback. iv. On lots that slope down from the street, vehicular and pedestrian entry bridges that are no more than 42 inches above the average sidewalk elevation may fully extend into a required structure setback. v. Balconies may extend into public rights-of-way as allowed in the building code and adopted street standards. 6. Community facilities and public utility distribution facility(ies), except power poles and underground transformers, shall comply with the following conditions: a. The requirements for landscaping, signage, lighting and other requirements shall apply. b. Type I landscape screening is required along property line(s) adjacent to a residential use or zone. 7. Public utility transmission facility shall comply with the following conditions: a. The utility company shall secure the necessary property or right-of-way to assure for the property construction, continued maintenance, and general safety to the property adjoining the public utility transmission facility; b. All support structures for electric transmission lines shall have their means of access located a minimum of 10 feet above ground; CTA-04-12 Proposed Text Amendment Page 112 c. The facilities shall be compatible with the surrounding uses either by distance, landscaping, buffering, or design, as determined by the director; and d. The height of any structure above ground does not exceed 125 feet. 8. A home occupation may be established in a residence that has been legally permitted excluding caretaker dwellings. 9. Recreational vehicles shall not be used as permanent or temporary dwelling units. Guests may park and/or occupy a recreational vehicle while visiting the occupants of a dwelling unit located on the same lot for not more than 30 days in one consecutive 12-month period. The intent is to accommodate visiting guests and not to allow the recreational vehicle to be used as a dwelling unit. CTA-04-12 Proposed Text Amendment Page 113 COILMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION lokane alley STAFF REPORT AND RECOMMENDATION TO THE PLANNING COMMISSION CTA-04-12 STAFF REPORT DATE: October 17,2012 HEARING DATE AND LOCATION: November 8, 2012, beginning at 6:00 p.m., Spokane Valley City Hall Council Chambers, Valley Redwood Plaza Building, 11707 East Sprague Avenue, Suite 101, Spokane Valley, Washington 99206. PROPOSAL DESCRIPTION: A city initiated text amendment to Spokane Valley Municipal Code (SVMC) 19.60 to clarify home occupations in nonresidential zones; clarify Accessory Dwelling Units (ADU) in nonresidential zones; clarify Recreational Vehicle (RV) use in nonresidential zones; establish residential development standards in nonresidential zones; establish standards for manufactured homes in manufactured home subdivisions. PROPONENT: City of Spokane Valley Community Development Department, 11707 E Sprague Ave, Suite 106, Spokane Valley,WA 99206 APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, Spokane Valley Municipal Code (SVMC) Title 17 General Provisions. SUMMARY OF RECOMMENDATION: The Planning Division recommends the Planning Commission forward the code text amendment as proposed by staff to the city council for approval. STAFF PLANNER:Martin Palaniuk,Planning Technician,Community Development Department REVIEWED BY: Scott Kuhta,AICP,Planning Manager, Community Development Department ATTACHMENTS: Exhibit 1: Proposed text amendment to SVMC 19.40, SVMC 19.60 and SVMC 19.70 Exhibit 2: SVMC Table 19.40-1 Exhibit 3: Community Development Director Interpretation Exhibit 4: Manufactured Housing Legislation Overview Exhibit 5: Home Occupation Standards Exhibit 6: Accessory Dwelling Unit Standards Exhibit 7: Approved Planning Commission minutes 10-25-2012 Exhibit 8: Approved Planning Commission minutes 11-08-2012 Exhibit 9: Planning Commission Findings and Recommendation A. BACKGROUND INFORMATION 1. APPLICATION PROCESSING: SVMC Chapter 17.80, Permit Processing Procedures. The following summarizes application procedures for the proposal. Process Date Pre-Application Meeting: N/A Staff Report and Recommendation CTA-04-12 Process Date Application Submitted: N/A Determination of Completeness: N/A Published Notice of Public Hearing: 10/19/2012 and 10/26/2012 Sent Notice of Public Hearing to staff/agencies: 10/24/2012 Posted Notice of Public Hearing 10/24/2012 2. PROPOSAL BACKGROUND: The proposal is to modify Spokane Valley Municipal Code(SVMC) 19.40,District Purpose and Supplemental Use Regulations—Residential Zones,SVMC 19.60, District Purpose and Supplemental Use Regulations—Commercial, Office and Mixed Use Zones, and SVMC 19.70,District Purpose and Supplemental Use Regulations—Industrial Zones. The following areas have not been fully addressed in the SVMC and require clarification. A brief description of the issue together with the intent of the proposed amendment is provided below: Manufactured Homes in Manufactured Home Subdivisions Issue: The code requires all manufactured homes placed on individual lots to be"new". SVMC defines"new"as not previously titled or set on a property. Manufactured home subdivisions contain individual lots but are designed specifically to accommodate a manufactured home community. In most cases all the homes within the subdivision are manufactured homes. As written,the SVMC would not permit placing a"used"manufactured home within a manufactured home subdivision. Intent of Code Text Amendment: Allow a"used"manufactured home to be placed within a manufactured home subdivision. The amendment would require double-wide manufactured homes be placed in subdivisions with predominantly double-wide homes and would allow single- wide manufactured homes in subdivisions with predominantly single-wide homes. Home Occupations Issue: It is unclear whether a home occupation is permitted in a residence established in a nonresidential zone. Home occupations are a permitted accessory use allowed in all residential zones. The code provisions addressing home occupation is contained in the residential section of Title 19 but is not addressed in the commercial,mixed use, office or industrial sections. CMU and MUC zones allow dwellings and legally established dwellings exist in other nonresidential zones. Intent of Code Text Amendment: Clarify the status of home occupations in the nonresidential zones. The proposed amendment clarifies the issue by allowing a home occupation to occur in any residence that has been legally permitted regardless of zone. Residential Development in MUC and CMU zones Issue: Mixed use zones permit single-family and multi-family residential development however, the mixed use section of the SVMC does not contain development standards for residential development. These standards include density, lot width,lot depth,building height, lot coverage, setback and open space requirements. In the absence of any standard the MF-2 zone standard for density has been applied in the past together with a Community Development Director Interpretation with respect to setbacks. (See attachment) Intent of Code Text Amendment: Provide a residential development standard for residential development in the MUC and CMU zone. The proposed amendment will refer to the MF-2 standard contained in SVMC 19.40 as the standard for residential development in the MUC and Page 2 of 5 Staff Report and Recommendation CTA-04-12 CMU zones. The setback standards contained in the Director's Interpretation are added for consistency with past development. Accessory Dwelling Units Issue: It is unclear whether an accessory dwelling unit is permitted accessory to a single-family residence established in a nonresidential zone. Accessory dwelling units(ADU)are permitted in all the residential zoning districts. ADUs are addressed in the residential section of Title 19 but they are not addressed in the commercial,mixed use,office, or industrial sections. CMU and MUC zones allow single-family dwellings. Intent of Code Text Amendment: Clarify the status of accessory dwelling units in the nonresidential zones. The proposed amendment clarifies the issue by allowing an ADU to occur at any single-family residence that has been legally permitted in the MUC and CMU zone. Recreational Vehicles Issue: The use of Recreational Vehicles in association with residential uses is addressed in the residential section of the SVMC. Residential uses are permitted in mixed use zones and also occur as legal uses in other nonresidential zones. The SVMC does not address RV use outside of the residential section. Intent of Code Text Amendment: Allow the use of RVs at legally permitted residences in nonresidential zones. The proposed amendment establishes that an RV can be parked at a residence in a noncommercial zone consistent with the restrictions on RV use found in the residential zones. Staff's recommended draft code text language to SVMC 19.40, SVMC 19.60 and SVMC 19.70 has been included in Attachment A of the Request for Planning Commission Action(RPCA). B. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT AMENDMENT 1. Compliance with.Title 17 (General Provisions)of the Spokane Valley Municipal Code a. Findings: SVMC 17.80.150(F)Municipal Code Text Amendment Approval Criteria i. The City may approve Municipal Code Text amendment, if it finds that (1) The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan; Staff Analysis: The proposed amendment is consistent with the applicable policies of the Comprehensive Plan. The amendment is consistent with the Comprehensive plan goals for encouraging a mix of commercial and residential uses, providing affordable housing options, maintaining a flexible and consistent regulatory environment, and preserving and protecting neighborhoods. Relevant Comprehensive Plan goals and policies are shown below: Land Use Goal LUG-9: Encourage the development of Mixed-use areas that foster community identity and are designed to support pedestrian, bicycle and regional transit. Land Use Policy LUP-9.2: The mix of land uses allowed in either the Corridor Mixed-use or Mixed-use Center designation should include: Page 3 of 5 Staff Report and Recommendation CTA-04-12 • A full range of retail goods and services including grocery stores, theaters/entertainment, restaurants,personal services and specialty shops; • Public/quasi-public uses • Commercial uses that require large land uses but have low employment density and are auto-dependent, such as lumber yards, plant nurseries, warehouses and auto dealerships, should be prohibited from either Mixed-use category. Housing Goal HG-1: Encourage diversity in design to meet the housing needs of the residents of the community and region. Housing Policy HP-1,1: Consider the economic impact of development regulations on the cost of housing. Housing Policy HP-1.2: Streamline the development review process and strive to eliminate unnecessary time delays and expenses. Housing Policy HP-1.3: Establish development regulations and incentives for greater diversity of housing types, costs and designs,that may include bonus incentives, clustering,and transfer of development rights. Housing Policy HP-1.4; Encourage mixed-use residential/commercial development in designated areas throughout the City with the use of developer incentives and design standards. Economic Goal EDG-7: Maintain a regulatory environment that offers flexibility, consistency, predictability and clear direction. Economic Policy EDP-7.; Evaluate,monitor and improve development standards to promote compatibility between adjacent land uses; and update permitting processes to ensure that they are equitable,cost-effective, and expeditious, Economic Policy EDP-7.2: Review development regulations periodically to ensure clarity, consistency and predictability. Neighborhood Goal NG-2: Preserve and protect the character of Spokane Valley's residential neighborhoods, Neighborhood Policy NP-2,1: Maintain and protect the character of existing and future residential neighborhoods through the development and enforcement of the City's land use regulations and joint planning. Neighborhood Policy NP-2.2: Review and revise as necessary, existing land use regulations to provide for innovation and flexibility in the design of new residential developments, accessory dwelling units, and in-fill development. (2) The proposed amendment bears a substantial relation to public health,safety, welfare, and protection of the environment; Analysis: The amendment bears substantial relation to public health, safety,welfare and protection of the environment. The proposed amendment will provide increased affordable housing options, expand home occupations, and establish a more consistent regulatory environment. b. Conclusion(s): The proposed text amendment is consistent with the approval criteria contained in the SVMC. 2. Finding and Conclusions Specific to Public Comments a. Findings: Page 4 of 5 Staff Report and Recommendation CTA-04-12 No public comments have been received to date. b. Conclusion(s): Public noticing was conducted as set forth in SVMC I7.80 for a Type IV application and has been deemed sufficient for this proposal. No concerns are noted. 3. Finding and Conclusions Specific to Agency Comments a. Findings: No agency comments have been received to date. b. Conclusion(s): c. Public noticing was conducted as set forth in SVMC 17.80 for a Type IV application and has been deemed sufficient for this proposal. No concerns are noted. C. OVERALL CONCLUSION The proposed code text amendment is consistent with the Comprehensive Plans policies and goals. D. STAFF RECOMMENDATION The Planning Division, after review and consideration of the submitted application and applicable approval criteria,recommends the proposal to allow home occupations and temporary RV use in all zoning districts with a legally permitted residence; to allow accessory dwelling units in all zoning districts that permit single-family dwellings; to establish residential development standards in the CMU and MUC zones; and to allow "used" manufactured homes in manufactured home subdivisions. Allowing used manufactured homes to be placed in manufactured home subdivisions will increase affordable housing options. Consistency with the type and size of predominant homes found in the subdivision would be preferred. Home occupations are permitted in any legally established dwelling in all residential zones. Allowing a home occupation to occur in legally permitted residence regardless of zone provides residents with flexibility in housing decisions and provides a use normally associated with a dwelling. MUC and CMU zones permit residential development. Establishing residential development standards for these zones will provide regulatory consistency and certainty for future development. Accessory Dwelling Units are permitted as an accessory use to a single-family residence. Allowing ADUs in CMU and MUC zones will provide property owners with increased housing options and may result in more affordable housing. Temporary RV use is permitted in all residential zones. RVs are typically used in residential areas when visiting family or friends. Allowing temporary RV use at any residence regardless of zone will provide flexibility and consistency to residents. E. RECOMMENDED MOTION The Planning Commission forwards the proposed code text amendment as recommended by staff to the city council for approval. Page 5 of 5 Exhibit 2 - Table 19A0-1 Table 19.40-1 — Residential Zone Dimensional Standards (ln Feet) R-1 R-2 R-3 R-4 MF-1 MF-2 PRD Single-Family Lot Underlying 40,000 10,000 7,500 6,000 3,600 2,000 Area/Dwelling Unit zone Duplex Lot Area/Dwelling 6,000 5,000 Unit Lot Width 80 80 65,4' 50 45 20 30 Lot Depth 100 90 90 80 80 80 50 Minimum Front and Flanking Street 35 15 15 15 15 15 15 Yard Setback Garage Setback 21!'1 35 20 20 20 20 20 20 Rear Yard Setback us31 20 20 20 20 10 10 15 Side Yard Setback on 5 5 5 5 5 5 5 Open Space 10%gross area Lot Coverage 30.0% 50.0% 50.0% 55.0% 60.0% 65.0% 60.0% Maximum Underlying Building Height(In Feet) 35 35 35 35 40 50 zone No accessory structure shall be located in the front or flanking street yard, and shall be set back not (1) less than five feet from any side or rear yard. Attached garages,where the garage door does not face the street, may have the same setback as the (2) principal structure. Setbacks,when adjacent to a private road or driveway easement, are established from the inner 131 edges of the road or driveway and are the same as noted above except the flanking road which would be five feet. (4) Duplex lots in R-3 zones may be a minimum of 60 feet in width. Exhibit 3a - Director Decision Memorandum TO: Community Development Department FROM: Kathy McClung,Director DATE: August 5, 2008 RE: Setbacks for single family residential in Mixed Use Center(MUC)Zone Recently the Development Regulations were altered to allow single and multi-family units in the MUC. Table 19.60-1 addresses setbacks in the MUC for commercial uses but does not address residential uses. Therefore,the following setback will apply: Front yard setback: 20 feet Rear Yard setback: 10 feet Side Yard Flanking street: 20 feet Side Yard: 5 feet w/out living space window; 10 feet with living space window. No accessory structure shall be in the front or flanking street yard. Otherwise, they may be setback a minimum of 5 feet from the property line. This decision is made under the authority of Section 17.50.010 of the Spokane Valley City Code. Fina!9/22/08 Exhibit 3b - Director Interpretation Memorandum TO: Community Development Department FROM: Kathy McClung,Director 0..)\C---) DATE: December 4,2008 RE: Setbacks for residential development in Mired use Center(MUC)and Corridor Mixed Use(CMU)Zones On August 5,2008 I made an administrative determination regarding setbacks for single family residential development in the Mixed Use Center(MUC)zoning district, This determination updates the August 511'determination to include residential development in the Corridor Mixed Use(CM11)zoning district. Table 19.60-1 in the Spokane Valley Municipal Code addresses setbacks in.the MUC and CMU zoning districts that apply to commercial uses;however Table 19.60-1 does not address setbacks for residential uses that are allowed in the districts. Therefore the following setbacks shall apply to residential uses in the MUC and CMU zoning districts: ( Front yard setback: 20 feet Rear yard setback: 10 feet Side yard-Flanking street setback: 20 feet . Side yard(without living space window): 5 feet Side yard with living space window): 10 feet No accessory structure shall be in the front or flanking street yard. Otherwise they shall be setback a minimum of 5 feet from the property line. This decision is made under the authority of Section 17.50,010 of the Spokane Valley Municipal Code. P:\Community Deveiopment\Current Plan ning1INUJC-CMLJ setback Tviemorandum.doe 1214/2008 1 Exhibit 4 - MH Legislation overview Introduction and Overview of Manufactured Housing Legislation 2004 Legislation Sets New Direction for Manufactured Housing Regulation The 2004 legislature significantly changed the landscape of local land use regulation of manufactured homes by the passage of SB 6593 (Laws of 2004,ch, 256), which became effective on July 1,2005, This law requires that,to protect"consumers' choices in housing," cities and counties must regulate manufactured homes built to federal manufactured housing construction standards no differently than they regulate other types of homes. A second impetus for the 2004 legislation was, according to the legislative intent expressed in Section 1 of SB 6593,to provide for"affordable homeownership and rental housing." Whatever one's views regarding manufactured housing, it cannot be disputed that manufactured housing today is quite different from the mobile homes of twenty or thirty years ago or more. "Mobile homes," as they are commonly thought of,are no longer being built,and "manufactured housing" has taken their place.Manufactured housing is much more like traditional site-built housing than was the traditional mobile home. The manufactured housing industry contends that there is no appreciable difference between the two.Being generally less expensive than site-built housing,manufactured housing can provide viable housing opportunities for low income families. Prior to SB 6593,Washington cities and counties seemingly had the authority to regulate the location of manufactured homes through zoning and even to ban them entirely.While local governments were(and still are) "preempted" by federal law(the National Manufactured Housing Construction and Safety Standards Act of 1974)from enacting construction, safety, and energy standards that are stricter than those established by federal regulations adopted by the Department of Housing and Urban Development (HUD),HUD had acknowledged that the federal legislation did not limit the authority of local governments to regulate the location of manufactured housing, as long as they do not do so based on compliance or noncompliance with stricter construction,safety, and energy standards.And, in Washington Marurfactured HousingAssrn. v. Public Utility District No. 3, 124 Wn.2d 381,385 (1994), the state supreme court, in dicta,noted that it is "clear that zoning laws that ban manufactured housing or limit them to certain areas are not preempted if they are silent as to construction or safety standards." SB 6593,however,eliminated any previous ability of local governments in the state to restrict where manufactured housing- at least certain manufactured housing-could locate. See RCW 35.21.684;RCW 35A.21.312, and RCW 36.01.225 Nevertheless, cities and counties may under this legislation require that that these manufactured homes: (1)be new manufactured homes(but see below);(2)be set on a permanent foundation; (3)comply with any local design standards that may apply to all other homes in the neighborhood in which the manufactured home is to be located; (4)are thermally equivalent to the state energy code; and/or(5) otherwise meet requirements for a"designated manufactured home" in RCW 35.63.160. (Because a "designated manufactured home"under that definition is one that includes at least two sections,cities and counties may still regulate"single-wide"manufactured homes differently than other types of homes) 2008 Legislation Further Restricts Local Regulation This legislation was amended by the 2008 legislature to provide that cities and counties may not prohibit a mobile or manufactured home from locating in an existing mobile home park or manufactured housing community(existing before June 12,2008)based on the age or size of that mobile or manufactured home. See RCW 35.21.684;RCW 35A.21.312, and RCW 36.01.225. Local jurisdictions are still permitted to place age and dimension criteria on manufactured housing that is sited outside of mobile and manufactured housing communities, or on housing to be sited in new mobile home parks or manufactured housing communities (SSB 5524). 2009 Legislation Permits Recreational Vehicles as Housing The 2009 legislature added a further limitation on the authority of cities and counties regarding manufactured/mobile home communities. Under BHB 1227(Laws of 2009,ch. 79),which became effective on July 26,2009,cities and counties may not have an ordinance that prevents the entry or requires the removal of a recreational vehicle used as a primary residence in manufactured/mobile home communities.However,cities and counties may enact requirements that utility hookups in manufactured/mobile home communities meet state and federal building code standards for these communities and that a recreational vehicle contain both an internal toilet and an internal shower(unless the manufactured/mobile home community provides toilets and showers). See RCW 35.21.684(3),RCW 35A.21.312(3), and RCW 36.01.225(3). Many local manufactured housing ordinances in this state have been on the books for a number of years and do not necessarily reflect the current state of the law or of the industry. The Washington Manufacured Housing Association has developed "model"regulations for local governments to adopt for the purpose of complying with SB 6593. See Documents below.The model regulations do not,however, address the 2008 legislation, SSB 5524, or the 2009 legislation,BHB 1227. Revised Code of Washington(RCW)Definitions "Mobile home"means a factory-built dwelling built prior to June 15, 1976,to standards other than the United States department of housing and urban development code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since the introduction of the United States department of housing and urban development manufactured home construction and safety act; "Used mobile home" means a mobile home which has been previously sold at retail and has been subjected to tax under chapter 82.08 RCW,or which has been previously used and has been subjected to tax under chapter 82.12 RCW,and which has substantially lost its identity as a mobile unit at the time of sale by virtue of its being fixed in location upon land owned or Ieased by the owner of the mobile home and placed on a foundation(posts or blocks)with fixed pipe connections with sewer,water, and other utilities. "Mobile home lot" means a portion of a mobile home park or manufactured housing community designated as the location of one mobile home, manufactured home,or park model and its accessory buildings,and intended for the exclusive use as a primary residence by the occupants of that mobile home,manufactured home, or park model; "Mobile home park," "manufactured housing community," or"manufactured/mobile home community" means any real property which is rented or held out for rent to others for the placement of two or more mobile homes,manufactured homes, or park models for the primary purpose of production of income, except where such real property is rented or held out for rent for seasonal recreational purpose only and is not intended for year-round occupancy; "Mobile home park cooperative" or "manufactured housing cooperative" means real property consisting of common areas and two or more Iots held out for placement of mobile homes,manufactured homes, or park models in which both the individual lots and the common areas are owned by an association of shareholders which leases or otherwise extends the right to occupy individual lots to its own members; "Mobile home park subdivision" or"manufactured housing subdivision" means real property,whether it is called a subdivision, condominium,or planned unit development, consisting of common areas and two or more lots held for placement of mobile homes,manufactured homes,or park models in which there is private ownership of the individual lots and common,undivided ownership of the common areas by owners of the individual lots; "Manufactured home" means a single-family dwelling built according to the United States department of housing and urban development manufactured home construction and safety standards act,which is a national preemptive building code.A manufactured home also: (a)Includes plumbing, heating, air conditioning, and electrical systems;(b)is built on a permanent chassis;and(c)can be transported in one or more sections with each section at least eight feet wide and forty feet long when transported, or when installed on the site is three hundred twenty square feet or greater; "New manufactured home" means any manufactured home required to he titled under Title 46 RCW, which has not been previously titled to a retail purchaser, and is not a "used mobile home" as defined in RCW 82.45.032(2). "Designated manufactured home" is a manufactured home constructed after June 15, 1976,in accordance with state and federal requirements for manufactured homes,which: (a)Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long; (b)Was originally constructed with and now has a composition or wood shake or shingle,coated metal, or similar roof of nominal 3:12 pitch; and (c)Has exterior siding similar in appearance to siding materials commonly used on conventional site- built uniform building code single-family residences. Exhibit 5 - home Occupation standards Home Occupations • Permitted accessory uses in residential zones; • Property shall retain a residential appearance and character; • All storage shall be enclosed within the residence or accessory structure; • There shall be a limit of two employees not residing on the premises engaged in the home occupation; • One unlighted sign placed flush against the exterior wall of the principal structure not exceeding four square feet in area is permitted; • No window display nor shall sample commodities • The hours of operation of a home occupation are limited to 7:00 a.m. to 10:00 p.m.; • Loading docks and mechanical loading devices are not permitted; • Uses which are detrimental to the existing residential appearance and character are not allowed as home occupations. The following are NOT allowed as home occupations: adult retail use establishment, adult bookstore or adult entertainment establishment; auto repair; welding or metal plating shops; large appliance/electronics or equipment repair or service; small engine repair; truck hauling and/or tow storage yard; vehicle sales; cabinet making; manufacturing and/or related storage; kennel or stables; wholesale or retail sales restaurants/drinking establishments Exhibit 6 - AUD Standards ADU • One per lot • Must be a complete, independent housekeeping unit; • Combined footprint of all accessory structures shall not exceed 10 percent of the lot area; • No home profession in the ADU • Owner must occupy either the principal dwelling unit or the ADU • Parking space required • 50 percent of the habitable square footage of the principal dwelling unit, nor be less than 300 square feet; • Entrance located on the side or in the rear of the structure or in such a manner as to be unobtrusive in appearance when viewed from the front of the street, and only one entrance may be located on the facade of the principal dwelling unit in order to maintain the appearance of a single-family residence; • No more than two bedrooms • Designed to meet the appearance of a single-family residence Spokane Valley Planning Commission APPROVED Minutes Council Chambers — City Hall, 11707 E. Sprague Ave. October 25, 2012 I. CALL TO ORDER Chair Bates called the meeting to order at 6:00 p.m. IL PLEDGE OF ALLEGIANCE Commissioners, staff and audience stood for the pledge of allegiance III. ROLL CALL COMMISSIONERS Present Absent CITY STAFF Bill Bates-Chair , John Hohman, Community Development Director John G. Carroll Cary Driskell, City Attorney Rustin Hall 17 Lori Barlow, Senior Planner Rod Higgins Martin Palaniuk,Planning Technician Steven Neill Fred BeauIac Joe Stoy—Vice Chair j Deanna Griffith, secretary Hearing no objection Commissioners Carroll, Higgins and Hall were excused from the meeting. IV. APPROVAL OF AGENDA Commissioner Beaulac moved to approve the October 25, 2012 agenda as presented. This motion was passed unanimously. V. APPROVAL OF MINUTES Commissioner Stoy excused himself from the vote on the approval of the October 11, 2012 minutes because he was absent from the meeting. The approval of those minutes was postponed to the next meeting for the lack of a quorum. VI. PUBLIC COMMENT There was no public comment. VII. COMMISSION REPORTS The Commissioners had no report. Planning Commission Minutes 10-25-12 Page 1 of 4 VIII. ADMINISTRATIVE REPORTS Director Hohman informed the Planning Commission on the progress to update the Planning Commission Rules of Procedure. IX. COMMISSION BUSINESS A. Unfinished Business: There was no unfinished business. B. New Business: 1. Public Hearing--Shoreline Master Program--Daft Restoration Plan Chair Bates opened the public hearing at 6:07 p.m. Senior Planner, Lori Barlow, gave a presentation regarding the draft Shoreline Master Program Restoration Plan explaining the Plan and its elements. Commissioner Bates asked who set the Plan's timeline and benchmarks. Ms. Barlow replied the City set the timeline. The timeline is set as a long term work plan. The Plan is also required to be reviewed at regular intervals and the timelines can be adjusted if they are not being met. Commissioner Stoy asked who would be responsible for monitoring restoration Ms. Barlow and Mr. Hohman explained the City would issue permits and follow up and monitor the work. Commissioner Beaulac asked if the Plan would apply to the Centennial Trail. Ms. Barlow stated the Centennial Trail is on state owned property which is currently maintained by the City; capital improvements are the responsibility of State Parks. The Plan does include some restoration projects that indirectly affect the trail. She describe a shoreline stabilization project, currently under review, that stabilized the shoreline in order to preserve the Centennial Trail. Commissioner Beaulac also asked if matching funds would be required to in order do a restoration project. Ms. Barlow discussed how the funding partners and funding would be approached and stated that matching funds would not be pursued without Council approval. • Seeing no one who wished to testify, Chair Bates closed the public hearing at 6:37 p.m. Commissioner Stoy moved to continue the deliberations of the Restoration Plan to Nov. 8, 2012. This motion passed unanimously. 2. Study Session: CTA-04-2012 —Proposed Amendments to Title 19. Planning Technician Martin Palaniuk gave an overview of the proposed amendments to Title 19 of the Spokane Valley Municipal Code regarding the following: • Proposing to allow used manufactured homes in a manufactured home subdivision. The current regulation only allows for new manufactured homes to be placed in manufactured home subdivision. • Proposing to allow home occupations to occur in any residence that has been legally permitted regardless of the zone. The code is unclear whether a home PIanning Commission Minutes 10-25-12 Page 2 of 4 occupation would be permitted in a residence which has been legally established in a non-residential zone. • Proposing residential development standards for residential development in the Mixed Use Commercial (MUC) and Corridor Mixed Use (CMU) zones. The mixed use sections of the code allow for residential uses but it does not provide any standards for development. These standards would be lot width- depth, density, lot coverage, setbacks and open space requirements. • Proposing to allow an Accessory Dwelling Unit (ADU) in any residence that has been legally permitted in the CMU and MUC zones. The code does not address if an ADU would be allowed in a residence in a non-residential zone. This would address the ADU being permitted as in a residential zone, but would not include a caretaker dwelling. • Proposing to provide standards for the temporary use of an RV, outside of a mobile home park, to occur at any residence that has been legally permitted regardless of zone. It is permitted in a residential zone for an RV to be occupied, for no more than 30 days, to allow for guests of the residents. However,the code does not address this use in a non-residential zone. Commissioner Stoy asked if ADUs had standards in and of themselves. Staff replied they did, and those standards would be maintained in the non-residential zones the same as they are in residential zones. The only change proposed is to allow an ADU on a legal residential lot in the mixed use zones. Commissioner Neill asked if an RV is allowed to be occupied outside of a residence, who would monitor the length of the stay. Staff discussed code enforcement of the regulations and when the City would respond to a complaint. This proposed amendment would allow the City to be able to enforce the time limitation in non- residential zones as is currently being done in residential zones. The City would only respond after a complaint had been made. Commissioner Beaulac wanted to know if allowing used manufactured homes in a manufactured home subdivision would cause issue with covenants, or if the covenants over-ruled the municipal code? Mr. Palaniuk explained covenants are a civil matter between the home owners association and home owners. The City does not get involved in those types of issues. If the home owners association had an issue with the home, it would be their responsibility to enforce it through civil means. Mt. Palaniuk said the public hearing on the proposed amendments was scheduled for November 8, 2012. 3. Brainstorming: Should used manufactured homes be allowed on individual lots? Currently the SVMC only allows new manufactured homes to be placed on an individual lot in all residential districts. State law does not allow for discrimination between a stick built home and a manufactured home on an individual lot. The City has had requests to allow used homes to be placed on individual lots. Staff presented a comparison to ten other jurisdictions (Cheney, Ellensburg, Liberty Lake, Pullman, Spokane, Spokane County, Spokane Valley, Wenatchee, Walla Walla, and Yakima), Planning Commission Minutes 10-25-12 Page 3 of 4 only one allows used manufactured homes (Spokane County), one (Liberty Lake) specifies " similar to surrounding" The Commissioners and staff discussed the subject. The following topics were discussed: Manufactured homes can be affordable housing, and property owners should be allowed to put whatever type of home they want on their own lots, as long as it is decent looking. Kit homes do not qualify as a manufactured home. Staff provided the state definition which specifies that a manufactured home is built on a permanent chassis, and transported in one or more sections. Should an allowance, such as a size or age limit be considered? Some discussion followed that noted that manufactured homes did provide an affordable housing option, while other goals in the Comprehensive Plan direct the City to protect the character of the neighborhoods. There could be places in the City where it might not fit to have a used manufactured home. Mr. Beaulac mentioned that allowing a used manufactured home on an individual lot could diminish the property value of the surrounding homes. Mr. Neill noted that individual lot owners cause property value to be diminished if they do not take care of their lots. A used manufactured home would not necessarily diminish the property value just by being placed on a lot. Everything becomes a used eventually. Mr. Beaulac maintained the wrong home in a neighborhood could devastate some neighborhoods. Commissioner Beaulac suggested that this topic be brought back after the new year, when the new Commissioners were present, and that information be included regarding how Liberty Lake enforced the requirement of "similar to surrounding." All Commissioners' agreed with this suggestion. No motion was made. X. GOOD OF THE ORDER There was nothing for the good of the order. XI. ADJOURNMENT The being no other business the meeting was adjourned at 7:34 p.m. Bill Bates, Chairperson Deanna Griffith, PC Secretary Date signed Planning Commission Minutes 10-25-12 Page 4 of 4 Spokane Valley Planning Commission APPROVED Minutes Council Chambers — City Hall, 11707 E. Sprague Ave. November 8, 2012 I. CALL TO ORDER Chair Bates called the meeting to order at 6:00 p.m. II. PLEDGE OF ALLEGIANCE Commissioners, staff and audience stood for the pledge of allegiance III. ROLL CALL COMMISSIONERS Present Absent CITY STAFF Bill Bates-Chair r Scott Kuhta,Planning manager John G. Carroll r Erik Lamb,Deputy City Attorney Rustin Hall i i' Lori Barlow, Senior Planner Rod Higgins r Marty Palaniuk,Planner Steven Neill Fred Beaulac Joe Stoy—Vice Chair r Deanna Griffith,secretary Hearing no objection, Commissioners Hall and Stoy were excused. IV. APPROVAL OF AGENDA Commissioner Higgins moved to approve the revised agenda as presented. This motion was approved unanimously. V. APPROVAL OF MINUTES The October 25th minutes will be amended to reflect Commissioner Stoy was present. The motion was approved unanimously to accept the October 11, 2012 as presented and the October 25, 2012 minutes as amended. VI. PUBLIC COMMENT There was no public comment. VII. COMMISSION REPORTS The Commissioners had nothing to report Planning Commission Minutes 11-08-12,Approved 12-13-12 Page 1 of 5 VIII. ADMINISTRATIVE REPORTS Planning Manager Kuhta shared the City hosted planning students visiting from Australia. Commissioner Carroll asked if there had been any feedback from Spokane County regarding the siting process on the new Spokane county jail. Deputy City Attorney Erik Lamb reported he was aware the process had begun again but did not have any details. Mr. Lamb stated he would get an update and send it to the Commissioners. IX. COMMISSION BUSINESS A. Unfinished Business: 1. Findings for CTA-03-12 —Setbacks for multifamily development when adjacent to single family development. Planning Manager Kuhta stated the Planning Commission had been sent the findings for CTA-03-1 2 via email previously. Commissioner Bates stated he had spoken to Mr. Basinger regarding a typo in the transmitted copies. Mr. Kuhta responded the error had been corrected and the Chair had a corrected copy in front of him. Commissioner Neill moved the Planning Commission accept the findings and forward theta to the City Council. Commissioner Beaulac asked if the changes in CTA-04-12 were compatible with the setbacks in the CTA-04-12, a batch of code amendment being presented in the public hearing later in the agenda. Mr. Kuhta said the CTA-03-12 addresses the setbacks when multifamily is adjacent to single family residential development and CTA-04-12 is addressing single family setbacks in Mixed Use zones. The vote on the motion is unanimous in favor; motion passes. 2. Deliberations on the Shoreline Master Program Restoration Plan— Senior Planner Lori Barlow refreshed the Commission on the process to-date regarding the Shoreline Master Program's Restoration Plan. Commissioners Bates and Carroll asked questions regarding how restoration opportunities were added and subtracted from the plan and the dates in the timeline. Ms.Barlow explained: • The restoration opportunities were gleaned from the Inventory Report. • Items will be subtracted from the Plan when the opportunities to fulfill a restoration project become available. • The timeline dates will be adjusted to fit at the fnnaI adoption of the Plan • Items cannot be added to the Plan without doing an additional Inventory report, which would not be done any time in the near future. Ms. Barlow also explained restoration projects would be handled differently than a project which would happen because of an emergency based on a natural disaster. Commissioner Beaulac moved the Shoreline Master Program Restoration Plan be accepted as presented and forwarded to City Council for approval. This motion was passed unanimously. Planning Commission Minutes 11-08-12,Approved 12-13-12 Page 2 of 5 B. New Business: Public Hearing CTA-04-12—Code Amendments to Title Chair Bates opened the public hearing at 6: 27 p.m. Planning Technician Martin Palaniuk made a presentation regarding the proposed amendments to Spokane Valley Municipal Code (SVMC) • Manufactured Homes in Manufactured Home Subdivisions Issue: The code requires all manufactured homes placed on individual lots to be "new". SVMC defines "new" as not previously titled or set on a property. As written, the SVMC would not permit placing a "used" manufactured home within a manufactured home subdivision. Intent of Amendment: Allow a "used" manufactured home to be placed within a manufactured home subdivision. The amendment would require double-wide manufactured homes be placed in subdivisions with predominantly double-wide homes and would allow single-wide manufactured homes in subdivisions with predominantly single-wide homes. • Home Occupations Issue: It is unclear whether a home occupation is permitted in a residence established in a non-residential zone, Home occupations are a permitted accessory use allowed in all residential zones. The code provisions addressing home occupation is contained in the residential section of Title 19 but is not addressed in the commercial, mixed use, office or industrial sections. CMU and MUC zones allow dwellings and legally established dwellings exist in other nonresidential zones. Intent of Amendment: Clarify the status of home occupations in the nonresidential zones. The proposed amendment clarifies the issue by allowing a home occupation to occur in any residence that has been legally permitted regardless of zone. • Residential Development in MUC and CMU zones Issue: Mixed use zones permit single-family and multi-family residential development however, the mixed use section of the SVMC does not contain development standards for residential development. These standards include density, lot width, lot depth, building height, lot coverage, setback and open space requirements. In the absence of any standard the MF-2 zone standard for density has been applied in the past together with a Community Development Director Interpretation with respect to setbacks. Intent of Amendment: Provide a residential development standard for residential development in the MUC and CMU zone. The proposed amendment will refer to the MF-2 standard contained in SVMC 19.40 as the standard for residential development in the MUC and CMU zones. • Accessory Dwelling Units Issue: It is unclear whether an accessory dwelling unit is permitted accessory to a single-family residence established in a non-residential zone. Accessory dwelling units (ADU) are permitted in all the residential zoning districts. ADUs are addressed in the Planning Commission Minutes 11-08-12,Approved 12-13-12 Page 3 of 5 residential section of Title 19 but they are not addressed in the commercial, mixed use, office, or industrial sections. CMU and MUC zones allow single-family dwellings. Intent of Amendment: Clarify the status of accessory dwelling units in the nonresidential zones. The proposed amendment clarifies the issue by allowing an ADU to occur at any single-family residence that has been legally permitted in the MUC and CMU zone. • Recreational Vehicles Issue: The use of Recreational Vehicles in association with residential uses is addressed in the residential section of the SVMC. Residential uses are permitted in mixed use zones and also occur as legal uses in other nonresidential zones. The SVMC does not address RV use outside of the residential section. Intent of Amendment: Allow the use of RVs at legally permitted residences in nonresidential zones. The proposed amendment establishes that an RV can be parked at a residence in a noncommercial zone consistent with the restrictions on RV use found in the residential zones. Commissioner Neill asked if there has been any complaints when a used manufactured home had been moved into a manufactured home subdivision. Staff confirmed there had not been any. Commissioner Carroll had a concern regarding excluding caretaker dwellings from Home Occupation specifications. Staff discussed with the Commission how a caretaker is an employee of a business and not considered eligible to conduct another business on-site. Commissioner Beaulac asked how the RV usage would be enforced. Staff explained the code enforcement process to the Commission, requiring a complaint to be registered before the City would investigate. David Seyfert 514 S Arc — Mr. Sefret stated he was a proponent for allowing used manufactured homes in the MH subdivisions. Mr. Seyfert stated he has tried to sell several of his lots, and has lost approximately 20 sales because people cannot place a used home on the lots. Mr. Seyfert said he wanted to improve one of the neighborhoods. He tore down old manufactured home on one of his lots, and then was told by the buildings and planning departments, sorry he would have to put in a new double wide on the property. Mr. Seyfert said he was formerly in the business of selling mobile homes. Mr. Seyfert said he feels someone who wants to move a home on to a lot, doesn't generally want an old home. He also said he felt moving in a used home will almost always upgrade the lots. Manufactured housing is much better now. Mr. Seyfert said he hoped that this amendment is passed. Commissioner Bates asked Mr. Seyfret if he was a supporter of allowing a single wide Manufactured Home in a Manufactured Home subdivision. Mr. Seyfert said people do not generally move a double-wide it is too hard to do. People will move a single-wide is fairly easy. Rarely will you see anyone move a double-wide. The older homes do not hold up to moving well to moving. Mr. Seyfret did say he would support allowing a single-wide manufactured homes in a manufactured home subdivision. Planning Commission Minutes 11-08-12,Approved 12-13-12 Page 4 of 5 Seeing no one else who wished to testify, Chair Bates closed the public hearing at 6:53 p.m. Commissioner Beaulac moved to recommend approval of CTA-04-12 to the City Council CTA-04-12. Commissioner Carroll stated he still had an issue with the caretaker dwellings under the home occupations. Hearing no other discussion, the Chair called for the vote, which was unanimous in favor, Motion passed. X. GOOD OF THE ORDER There was nothing for the good of the order. XL ADJOURNMENT The being no other business the meeting was adjourned at 6:59 p.m. Bill Bates, Chairperson Digitaliysigned by Deanna Griffith Deanna DN'cn=Deanna Griffith,o=City of Spokane Valley,ou-Community Development, Griffith email=dgriffithnspokanevaliey.org, c-US Date:2013.01.4209:59:55-08'00' Deanna Griffith, PC Secretary Date signed Platming Commission Minutes 11-OS-12,Approved 12-13-12 Page 5 of 5 Spokane Valley Planning Commission DRAFT Minutes Council Chambers — City Hall, 11707 E. Sprague Ave. December 13, 2012 I. CALL TO ORDER Chair Bates called the meeting to order at 6:00 p.m. II. PLEDGE OF ALLEGIANCE Commissioners, staff and audience stood for the pledge of allegiance III. ROLL CALL COMMISSIONERS Present Absent CITY STAFF Bill Bates-Chair John G. Carroll +w Rustin Hall Rod Higgins Steven Neill Fred Beaulac Joe Stoy—Vice Chair - Deanna Griffith,secretary Haer excused. IV. APPROVAL OF AGENDA Commissioner Stoy moved to approve the agenda as presented. The motion was passed unanimously. V. APPROVAL OF MINUTES Commissioner Neill moved to approve the November 8, 2012 minutes as presented. The motion was passed unanimously. VI. PUBLIC COMMENT There was no public comment. VII. COMMISSION REPORTS Commissioners had nothing to report. VIII. ADMINISTRATIVE REPORTS Community Development Director John Hohman thanked outgoing Planning Commissioner Rustin Hall. Mr. Hall commended the quality of City staff and expressed his appreciation and Planning Commission Minutes 12-3-12 Page 1 of3 honor to be a member of the Planning Commission. Chair Bates also thanked Mr. Hall for his efforts. IX. COMMISSION BUSINESS A. Unfinished Business: The Commission reviewed Findings and Recommendation document for CTA-04-12, amending Spokane Valley Municipal Code (SVMC) 19.40.120, 19.40.140, 19.60.010, 19.70.010, and 19.70.020 in order to clarify home occupations in nonresidential zones; clarify Accessory Dwelling Units(ADU) in nonresidential zones; clarify Recreational Vehicle (RV) use in nonresidential zones; establish residential development standards in nonresidential zones; establish standards for manufactured homes in manufactured home subdivisions. Mr. Higgins moved to approve the Findings as presented. The Commission voted unanimously to approve the Findings. B. New Business: Senior Planner Lori Barlow led a discussion with the Planning Commission on an increasing trend in building permits for oversized shops/storage structures with a small dwelling unit internal to the structure; where the shop appears to be the primary use located on a parcel. The department recently issued a building permit For a shop with a very small dwelling unit on the upper floor and has received a complaint regarding the structure. Ms. Barlow showed pictures of the shop, which overwhelms the adjacent homes and is out-of- character for the neighborhood. The Municipal Code does not specifically address these types of structures and does not quantify the area that must be dedicated to living space in order to meet the definition of primary use. Ms. Barlow explained that the following definitions have been considered collectively to provide staff with the basis to make a determination regarding the use: Accessory; Dwelling Unit; Principal Structure; and Principal Use. Currently, staff has made the interpretation that the primary use allowed, which is the dwelling, must consume the largest area within the structure in order to be consistent with the intent of the code and protect the character of the neighborhood. A prior administrative interpretation required that at least 51% of the structure be the dwelling portion; however, subsequent interpretations required the dwelling portion of the structure to only meet minimum building code requirements for a dwelling, which can be as small as 300 square feet and include cooking, sleeping and sanitary facilities. Ms. Barlow discussed potential code changes that would address these circumstances. The Planning Commission agreed that staff should consider changes to the Municipal Code. Staff will brief City Council to determine if they also agree that a Code Text Amendment would be appropriate, and then follow up as necessary. X. GOOD OF THE ORDER There was nothing for the good of the order. Planning Commission Minutes 12-3-12 Page 2 of 3 XL ADJOURNMENT The being no other business the meeting was adjourned at 7 p.m. Cake was served for outgoing Commissioner Rustin Hall. Bill Bates, Chairperson Deanna Griffith, PC Secretary Date signed Planning Commission Minutes 12-3-12 Page 3 of3 ATTACHMENT A FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION December 13,2012 The following findings are consistent with the Planning Commission's decision to recommend approval. Background: 1. Spokane Valley development regulations were adopted in September 2007 and became effective on October 28,2007. 2. The city-initiated code text amendment proposes to amend Spokane Valley Municipal Code (SVMC) 19.40.120, 19.40.140, 19.60.010, 19.70.010, and 19.70.020 in order to clarify home occupations in nonresidential zones; clarify Accessory Dwelling Units (ADU) in nonresidential zones; clarify Recreational Vehicle (RV)use in nonresidential zones; establish residential development standards in nonresidential zones; establish standards for manufactured homes in manufactured home subdivisions. . 3. The Planning Commission held a public hearing on November 8, 2012 and voted 5-0 to recommend approval of the amendment to City Council. Planning Commission Findings: 1. Compliance with SVMC 17.80.150F Approval Criteria a. The proposed city initiated code text amendment is consistent with the applicable provisions of the Comprehensive Plan; Finding(s): i. Land Use Goal LUG-9: Encourage the development of Mixed-use areas that foster community identity and are designed to support pedestrian,bicycle and regional transit. ii. Land Use Policy LUP-9.2: The mix of land uses allowed in either the Corridor Mixed-use or Mixed-use Center designation should include: • A full range of retail goods and services including grocery stores,theaters/entertainment, restaurants,personal services and specialty shops; • Public/quasi-public uses • Commercial uses that require large land uses but have low employment density and are auto-dependent, such as lumber yards, plant nurseries, warehouses and auto dealerships, should be prohibited from either Mixed-use category. iii. Housing Goal HG-1: Encourage diversity in design to meet the housing needs of the residents of the community and region. iv. Housing Policy HP-1.1: Consider the economic impact of development regulations on the cost of housing. v. Housing Policy HP-1.2: Streamline the development review process and strive to eliminate unnecessary time delays and expenses. vi. Housing Policy HP-1.3: Establish development regulations and incentives for greater diversity of housing types, costs and designs, that may include bonus incentives, clustering, and transfer of development rights. vii. Housing Policy HP-1.4: Encourage mixed-use residential/commercial development in designated areas throughout the City with the use of developer incentives and design standards. Findings and Recommendations of the Spokane Valley Planning Commission Page 1 of 3 ATTACHMENT A viii. Economic Goal EDG-7: Maintain a regulatory environment that offers flexibility, consistency,predictability and clear direction. ix. Economic Policy EDP-7.: Evaluate, monitor and improve development standards to promote compatibility between adjacent land uses; and update permitting processes to ensure that they are equitable,cost-effective, and expeditious. x. Economic Policy EDP-7.2: Review development regulations periodically to ensure clarity, consistency and predictability. xi. Neighborhood Goal NG-2: Preserve and protect the character of Spokane Valley's residential neighborhoods. xii. Neighborhood Policy NP-2.1: Maintain and protect the character of existing and future residential neighborhoods through the development and enforcement of the City's land use regulations and joint planning. xiii. Neighborhood Policy NP-2.2: Review and revise as necessary, existing land use regulations to provide for innovation and flexibility in the design of new residential developments, accessory dwelling units, and in-fill development. b. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment. Finding(s): i. Allowing used manufactured homes to be placed in manufactured home subdivisions will increase affordable housing options. Consistency with the type and size of predominant homes found in the subdivision would be preferred. ii. Home occupations are permitted in any legally established dwelling in all residential zones. Allowing a home occupation to occur in a legally permitted residence regardless of the zone provides residents with flexibility in housing decisions and provides a use normally associated with a dwelling. iii. MUC and CMU zones permit residential development. Establishing residential development standards for these zones will provide regulatory consistency and certainty for future development. iv. Accessory Dwelling Units are permitted as an accessory use to a single-family residence. Allowing ADUs in CMU and MUC zones will provide property owners with increased housing options and may result in more affordable housing. v. Temporary RV use is permitted in all residential zones. RVs are typically used in residential areas when visiting family or friends. Allowing temporary RV use at any residence regardless of zone will provide flexibility and consistency to residents. vi. The public health, safety, welfare, and protection of the environment are furthered by ensuring that the City's development regulations are consistent with goals and policies in the adopted Comprehensive Plan. 2. Conclusion(s): a. The proposed city initiated code text amendment is consistent with the City's adopted Comprehensive Plan and the approval criteria contained in SVMC 17.80.150F. b. The Growth Management Act (GMA) stipulates that the comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the City. Findings and Recommendations of the Spokane Valley Planning Commission Page 2 of 3 I ATTACHMENT A Recommendations: The Spokane Valley Planning Commission therefore recommends City Council adopt the proposed city- initiated code text amendments to SVMC 19.40.120, 19.40.140, 19.60.010, 19.70.010, and 19.70.020 as attached. Apps'ved this 13th d. of December,2012 F Br Bates,Chaim"T ATTEST ■ f Deanna Griffith,Aditiistrative Assistant I I I Findings and Recommendations of the Spokane Valley Planning Commission Page 3 of 3 .. "TY"4"°5"°"A"F Department of Community Development VW '�alle Planning Division ;, Spokane VCity Council Administrative Report January 15, 2013 Code Text Amendment Spokane Valley Municipal Code 19.40, 19.60, and 19.70 1 (CTA-04- 12) Department of Community Development . Spolzane µ Valle Planning Division B ack g g round Amendment aimed at addressing issues that are currently being permitted administratively Spokane Valley Municipal Code (SVMC) does not address placing a "used" manufactured home in manufactured home subdivisions SVMC does not address the following in non-residential zones: • Home Occupations • Accessory Dwelling Units • RV Usage • Residential Development Standards Planning Commission Public Hearing November 8, 2012 2 Planning Commission Recommended Approval December 13, 2012 Department of Community Development Spolzane µ Val le Planning Division Manufactured Homes in Manufactured Home Subdivisions Issue: SVMC does not permit placing a "used" manufactured home within a manufactured home subdivision. • Currently SVMC requires that all manufactured homes placed on individual lots be "new" • Manufactured home subdivisions are designed for manufactured homes • Nearly all homes within the subdivision are manufactured homes Intent of Code Text Amendment: Allow a "used" manufactured home similar to the existing homes to be placed within a manufactured home subdivision. 3 • .. Department of Community Development Spokane Valle Planning Division Proposed Amendment Chapter 19.40 DISTRICT PURPOSE AND SUPPLEMENTAL USE REGULATIONS RESIDENTIAL ZONES SVMC 19.40.120 Manufactured housing. E. Manufactured homes with dimensional features that match or closely match the predominant manufactured home type within a manufactured home subdivision may be placed in the manufactured home subdivision without regard to the age of the manufactured home. 4 •�'��. Department of Community Development .S' alle Planning Division Home Occupations Issue: It is unclear whether a home occupation is permitted in a residence established in a nonresidential zone. • Home Occupations are a permitted use in all residential zones. • Home Occupations are not addressed in the commercial, mixed use or industrial sections. • Legally established dwellings exist in these other nonresidential zones. Intent of Code Text Amendment: Allow a home occupation to occur in any residence that has been legally permitted regardless of zone. 5 • -. Department of Community Development . Spokane µ Vale Planning Division i1 VI! Proposed Amendment Chapter 19.40 DISTRICT PURPOSE AND SUPPLEMENTAL USE REGULATIONS — RESIDENTIAL ZONES 19.40.140 Home occupations. A. Applicability. Any person, group or entity conducting a "for profit" enterprise from a location whose primary use is a residence must obtain a home occupation permit. A home occupation may be established in a residence that has been legally permitted. Businesses may be exempt from the home occupation permit fee, as established by the master fee schedule. . . 6 "T"""«@SRaKawEv Department of Community Development `• Spokane'I'. ille Planning Division Proposed Amendment Chapter 19.60 DISTRICT PURPOSE AND SUPPLEMENTAL USE REGULATIONS — COMMERCIAL, OFFICE AND MIXED USE ZONES 19.60.010 General requirements. A. Nonresidential development shall meet the minimum setback and the maximum height requirements shown in Table 19.60-1. C. A home occupation may be established in a residence that has been legally permitted excluding caretaker dwellings. 7 Department of Community Development Spokane ' Va1le Planning Division Residential Development in MUC and CMU zones Issue: The mixed use section of SVMC allows residential uses but does not provide any standards for development. • Standards include density, lot width, lot depth, building height, lot coverage, setback and open space requirements • In the absence of any standard the MF-2 zone standard for density has been applied in the past • Community Development Director Interpretation with respect to setbacks was applied Intent of Code Text Amendment: Provide residential development standards for residential development in the MUC and CMU zones. 8 "T"""«�SRaKawE� Department of Community Development ` Valle Planning Division Proposed Amendment Chapter 19.60 DISTRICT PURPOSE AND SUPPLEMENTAL USE REGULATIONS — COMMERCIAL, OFFICE AND MIXED USE ZONES 19.60.010 General requirements. A. Nonresidential development shall meet the minimum setback and the maximum height requirements shown in Table 19.60-1. B. Residential development shall meet the minimum residential development standards for the MF-2 zone shown in Table 19.40-1 with the exception that the following setbacks shall apply: Front yard setback: 20 feet Rear yard setback: 10 feet Side yard setback: 5 feet Side yard—Flanking street setback: 20 feet Residential use adjacent to a nonresidential use 9 Side yard (without living space window): 5 feet Side yard (with living space window): 10 feet Department of Community Development alle Planning Division Accessory Dwelling Units (ADU) Issue: It is unclear whether an ADU is permitted in a residence established in a nonresidential zone. • ADUs are permitted in all residential zoning districts. • Single-family homes are permitted in CMU and MUC zones. Intent of Code Text Amendment: Allow an Accessory Dwelling Unit to occur in mixed use (CMU and MUC) zones accessory to single-family dwellings. 10 Department of Community Development - .. Spolzane �►alle Planning Division Recreational Vehicles (RV) Issue: The standard for RV use for guests in nonresidential zones is unclear outside of Mobile Home Parks. • RVs use for guests is permitted in all residential zoning districts. • RV guest use is not addressed in the commercial, mixed use or industrial sections. • Legally established dwellings exist in nonresidential zones. Intent of Code Text Amendment: Provide temporary RV use for guests to occur in any residence that has been legally permitted regardless of zone. 11 Sj -., Department of Community Development _p iokane � r �,jl1e Planning Division , y_ Proposed Amendment Chapter 19.60 DISTRICT PURPOSE AND SUPPLEMENTAL USE REGULATIONS - COMMERCIAL, OFFICE AND MIXED USE ZONES 19.60.010 General requirements. D. Attached and detached Accessory Dwelling Units (ADU) are permitted in all zoning districts that permit single-family dwellings and shall adhere to the appearance of single-family residences. An attached ADU is an accessory dwelling unit that has one or more vertical and/or horizontal walls in common with, or attached to, the principal dwelling unit. A detached ADU is a freestanding accessory dwelling unit that is not attached or physically connected to the principal dwelling unit. Accessory dwelling units shall meet all provisions contained in SVMC 19.40.100. E. Recreational vehicles shall not be used as permanent or temporary dwelling units in any mixed use or commercial zone except in manufactured home parks. Guests may park and/or occupy a recreational vehicle while visiting the occupants of a dwelling unit located on the same lot for not more than 30 days in one consecutive 12-month period. The intent is to accommodate visiting guests and not to allow the 12 recreational vehicle to be used as a dwelling unit. Department of Community Development Sliokane File Planning Division Proposed Amendment Chapter 19.70 DISTRICT PURPOSE AND SUPPLEMENTAL USE REGULATIONS — INDUSTRIAL ZONES 19.70.010 I-1, Light Industrial district. B. Supplemental Regulations. 10. A home occupation may be established in a residence that has been legally permitted excluding caretaker dwellings. 11. Recreational vehicles shall not be used as permanent or temporary dwelling units. Guests may park and/or occupy a recreational vehicle while visiting the occupants of a dwelling unit located on the same lot for not more than 30 days in one consecutive 12-month period. The intent is to accommodate visiting guests and not to allow the recreational vehicle to be used as a dwelling unit. 13 Department of Community Development Sliokane File Planning Division Proposed Amendment Chapter 19.70 DISTRICT PURPOSE AND SUPPLEMENTAL USE REGULATIONS — INDUSTRIAL ZONES 19.70.020 I-1, Heavy Industrial district. B. Supplemental Regulations. 10. A home occupation may be established in a residence that has been legally permitted excluding caretaker dwellings. 11. Recreational vehicles shall not be used as permanent or temporary dwelling units. Guests may park and/or occupy a recreational vehicle while visiting the occupants of a dwelling unit located on the same lot for not more than 30 days in one consecutive 12-month period. The intent is to accommodate visiting guests and not to allow the recreational vehicle to be used as a dwelling unit. 14 Spokane Department of Community Development a Valle Planning Division : Questions ? 15 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 15, 2013 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Shops/Storage Sheds in Residential Areas GOVERNING LEGISLATION: Spokane Valley Municipal Code PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: The City has seen an increasing trend in building permit applications for oversized shops on individual lots in residential neighborhoods, with the intent to use the shop principally as a storage structure. The Spokane Valley Municipal Code (SVMC) does not allow storage structures/shops as a primary use on individual parcels in residential zones; therefore, in some instances, very small dwelling units are constructed within the shop in order to establish a primary permitted use. The concern is that these shops with small dwelling units can be out of character with the residential neighborhood, detracting from neighboring properties. The Community Development Department has received complaints about these structures, prompting this issue to be raised. Setbacks for accessory structures are another concern. The SVMC allows accessory buildings to be located 5 feet from the side and rear property line. A 35 foot tall shop located 5 feet from a property line can overwhelm the adjacent property. This is similar to the multi-family setback issue recently addressed by City Council. Planning staff discussed these issues with the Planning Commission at their meeting on December 13, 2012. The Commission agreed that a text amendment would be appropriate in order to mitigate potential impacts in the future. OPTIONS: Proceed with amendments to the SVMC; or do nothing. RECOMMENDED ACTION OR MOTION: Proceed with code amendments. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Scott Kuhta, AICP, Planning Manager, John Hohman, PE, CD Director ATTACHMENTS: Memo and Presentation Community Development 5CITY ok p ane Valley 11707 E Sprague Ave Suite 106 Spokane Valley WA 99206 509.921.1000 Fax: 509.921.1008 permitcenter©spokanevalley.org To: Mike Jackson, City Manager From: John Hohman,PE,CD Director; Scott Kuhta,AICP,Planning Manager Date: January 8,2013 Re: Residential Accessory Uses and Structures Planning staff has noticed an increased trend in building permit applications for oversized shops with a small dwelling located internal to the structure. Due to the larger area dedicated to the shop, rather than the residence, the primary use is emphasized as the shop. As these structures are being constructed it is apparent that they are not all compatible with typical residential character. This is evident when the design of the building emphasizes the shop function with overhead doors, lack of main doors and living space windows, as well as the overall bulk of the building. In order to address the incompatibilities, staff has made the interpretation that the primary use allowed, which is the dwelling, must consume the largest area within the structure in order to be consistent with the intent of the City of Spokane Valley Municipal Code (SVMC) and protect the character of the neighborhood. The discussion below identifies the factors that were considered in this interpretation. At this time staff would like to discuss this matter with the Planning Commission and determine if the Commission agrees with the interpretation. If so, a code text amendment may be proposed to clarify this position in the SVMC. The following discussion will highlight the issues to assist with determining if a code text change should be processed. The SVMC does not contain a definition that specifically relates to this type of structure. At this time staff has been extrapolating from the SVMC definitions of Accessory% Dwelling Unite, Principal Structure', and Principal Use4. Over the years two interpretations have been applied to this land use. The first interpretation required that the living portion of the structure utilize not less than 51% of the structure area in order to be considered the "principal"use, rather than "subordinate to, that of the main building." The second interpretation allowed the shop portion of the structure without relational limits 1 Accessory: A building, area,part of a building, structure or use which is subordinate to, and the use of which is incidental to, that of the main building, structure or use on the same lot. 2 Dwelling Unit: One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with an individual entrance, cooking, sleeping and sanitary facilities for the exclusive use of one family maintaining a household. 3 Principal structure: The principal building or other structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. 4 Principal use: The predominant use to which the lot or property is or may be devoted and to which all other uses are accessory. Page 1 to the dwelling,but instead required that the portion dedicated to a dwelling must meet the definition of"Dwelling Unit", with cooking, sleeping and sanitary facilities, and provide a minimum of 300 square feet to meet the IBC requirement. Utilizing the second interpretation, these predominantly shop structures have been built that are inconsistent with the character of a typical single family residential neighborhood in that the structure takes on the appearance of a garage, utilizing the maximum lot coverage and height limits allowed in the residential zone. See Figure 1. The first interpretation considers the current definitions of "Accessory" and"Principal Use" and assumes that they provide the regulatory means to require that the dwelling portion be at least equal to or greater than 51% of the area of the structure in order to "preserve the character of existing development" ' consistent with the intent of the residential zones5. Accessory -T r: structures are not allowed unless a primary use exists on the site The Accessory definition emphasizes that accessory is __ "subordinate" to and"incidental"to the main building, structure or use. The Principal Use definition stipulates that this use must be "predominant" and all other uses are"accessory." The Figure 1 Shop Under Construction definition of subordinate is "to place in a subordinate position; �. treat as less important or inferior(to);6 the definition of incidental is "secondary or minor, but usually associated"; ' and the definition of predominant is "having superior strength, influence, or authority." Applying the intent to the issue,which is how much of the structure must be dedicated to a residential ., use, supports the conclusion that the residence must be the pp Tf.�-: primary use, and that the shop must be a secondary use that is - '- I minor in comparison relative to size. A code text amendment could clarify what ratio applies. Adjacent jurisdictions were contacted to determine how these structures were regulated. The City of Spokane relies on the definition of"Primary Structure,"where the primary use of the site must be located in the Primary Structure. The difference in primary and accessory structure is determined by comparing the size, placement, similarity of design,use of common building materials, and the orientation of the structures on the site. Therefore, a structure that clearly looks like a shop/storage structure would not be permitted as the "Primary Structure." The City of Liberty Lake does not regulate the size of the shop in comparison to the dwelling, but has design standards in place which insure that the structure is compatible with the residential character of the neighborhood. Standards regulate the garage design, size, and ratio to residence. Further regulations prohibit garage dominated houses in new developments. Spokane County allows shops with dwelling units without restriction; however, if a house was constructed at a later time, the County's regulations would require a Conditional Use Permit (CUP) to be approved by the Hearing Examiner. This is because detached accessory dwelling units are allowed only with a CUP. Once the house is built, the dwelling unit in the shop becomes an accessory dwelling unit. 5 SVMC 19.40.030, - 19.40.060. The language "preserve the character of existing development" is stated in each of the single family residential district zone as the intent. 6 Source: Webster's New Collegiate Dictionary ' Source: Webster's New Collegiate Dictionary Page 2 If a code text amendment is considered to clarify the ratio of residence to shop as discussed above, than other indirect issues should be considered related to accessory structures that include height limits and setbacks. A code text amendment would be required if changes were determined necessary. The current code does not regulate the height of accessory structures differently than the height of primary structures in single family residential zones. For example a home and accessory building can be built to a height of 35'. Generally this height will accommodate a two- story structure with an extremely high pitched roof. Additionally, accessory structures may be placed within 5' of the rear and side yard setback, while primary structures must be a minimum of 20' from the rear yard in order to provide for privacy, light, and circulation in adjacent back yards. Liberty Lake limits the height of accessory structures such that they may not exceed the height of the primary structure. Spokane County limits the height to 24' and the City of Spokane's maximum height limit is 20'. However, if the accessory structure contains an Accessory Dwelling Unit above an accessory structure, it may be built to a height of 23'. Height limits and size parameters are intended to maintain the scale of the residence to the accessory uses. In urbanized areas the neighborhood character emphases the residence, as opposed to rural areas where utilitarian structures larger than the home are common, such as barns, or shops for equipment storage. Setbacks are also of concern. Recently the issue has been brought to the attention of Council through two Comprehensive Plan Amendment requests that involved rezoning properties to allow Multi-family - - - - : r development adjacent to single-family development. The issue made apparent was -AOCXwoon the incompatibility of a three-story structure within 10' of the rear yard of a single family dwelling. Currently the SVMC allows I . detached accessory structures to be placed within 5' of the rear and side yard. An accessory structure built to a 35' height limit within 5' of the rear property line, creates the incompatibility issues affecting privacy, Figure 2 - Large Accessory Shop within 5'of Side and Rear Property light and circulation. One solution is to Line establish height limits specific to accessory structures that prevent a structure from overlooking into another's back yard, or requiring taller structures to meet the same rear yard setbacks as that of the primary structure. Staff will discuss the interpretation applied to residential shops with an accessory dwelling to determine if the Council would like to proceed with a code text amendment and determine if setbacks and height limits for accessory structures should be included in the proposal. Page 3 I ,. Q 1 i LAriz•Je• i:w Residential Accessory Uses and Structures January 15, 2013 in Spokane Department of Community Development Planning Division 3 ; What is the Issue? L Increasing trend to build oversized shop Issue with a small dwelling located within the structure Primary use as a shop is inconsistent with residential zone intent Allows a property owner to build a W shop without a primary residential use Inconsistent with neighborhood character - shop vs. residential use is 0 emphasized U sV Department of Community Development - le Planning Division li - . ._'• ,le, r''.. , -.,'., 4,,... IIII\\\II, . • • 1 1116a- . of4 Tom~ 1, r.0 . ..--.'. , m Y. •r , ii • so, Department of Community Development mi , ,.., r ,,,. Kane .000 Valllifa Planning Division .;..,, ,.,lc,/ ,.,... ),,/ '1 m 7 Olkita..eh* 1-. . . I 11II,* 4,16• . =, • , r , •,..,, a '' ,-.------------- .... - ' ,..4 _.e., ,- , • II -, I I III 111 [ .II e- _ 11■3,..i.RMIMMIIIIMWJI , ..o.hall .0:4161MIF Y-• 1111.m." >9:10,11,v,r.■ so i , ,. *-- .•-•—*--"-- ..... • r • ... • i iN. C"jk•"' . i, ' ' • r -- — _ _ , CFYHAII.�,,.. '..{ Spokane Department of Community Development dValle Planning Division . H.--_-_-. .t,...---sb.,_--........,;:iso ,..z4 il -....,A.,,,1- ,‘.1.'r.,,,,-:-.,.t.;;..4., •,^,,,,.i.filiiiiir■,•..".,,- ..!-. r .. ?' s ,- ,„.,.____ ., ,,, ,,,..A _ _ ,_ __..... r. ,......_. .,,,__.,.. .. „,......... Ir.: A \, Ai. .,7 '-Ai illiS'7'.. 1 • ■ jjj c+ � , fit r e; . WPM �}} ►,. I") �11nPr nr..r• r ! � R 1 flV P r 3-t dS fir. t s_ .1 Y Rlat rld �i�Y �' Pi; API _ .22..... , f r Sim ; tidy i..�,rfikrr v,,/ '' - !� �� #'�.�,. ! Pr } illikatiretie 4 . z , ,., billiklilliilikilkli !If, 4 1#!111' IN 0000 Nima CFMAI I,,, Stiokane Department of Community Development . Planning Division 3 ; What is the Issue? . Primary use as a shop is inconsistent Issue with residential zone intent; IN -1- i -_ _ - -.;tom - mss, - _ z CF AII JS'... F pvKvDepartment of Community Development 11. 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Department of Community Development Planning Division What is the Issue? 9 ini Li Inconsistent with neighborhood Issue character - sho p vs. residential use is emphasized; l 0. - r ti CFYHALI JSn.. <.. so VDepartment of Community Development - le Planning Division 3 ` ifiKY _____.,_____ gi kr 1 .A/ .„,,T z ill k■ p� � } 1317 M I i'[ a �.-- . }r I . A'la "Mr�.P� b W hL:` ------■.--- - 0000114%.0.. CFM.A1 I ,' Department of Community Development IN Spokane . 00 Valle/mow Planning Division _._ „segfiriftwee" . -dole / . / 7 , , , 3 , , , , 11 _. , 'I I illgi , .. ,.. \. ,,....„ :, . ., __ __ __ __ __ __ __ == ..,, __ __ , ,:, iv • , .' V, t. 1 r A 1 ./11/11 ir 1 I , , --1--------- _ -- ---- -- I 1 ll II 1 11 I 1 1 1: j, 1.1 lifl 1 1 q N' 1 LI t , • - . - : ."-----------.--------- illair. \ 4:- -- - ---- --- ., I CTYHALLpSP%,�� Department of Community Development _ - .�n ",Spokane Valle Planning Division 3 _ 101: - iiNgil r t III►i IIIIllu uQ Ilu„ � t=g Y I � �illlh����������� - - /� r . { _ - rriiiir�viiIII it iaiuf 11 ...' rexraiunann' Eae 7 I 11Q7ii d./4 ! 1 +, rl'{', s°$ Y.. , ;: Af f.6';$31,4441:4:14014i4:18:0,14::::::::4::::::::::11:1:■/.3,1!1JIi':',1'ti� „R ` �. tl rill S,°t`tii Me, t - ti, s CJ (:• CITYHAI.I r:?s^. strain Department of Community Development Valle Planning Division Back g round Information 13 Staff Interpretation Definitions Considered The primary use allowed, n Accessory which is the dwelling, must Dwelling Unit consume the largest area g (51 % or more) within the Principal Structure structure in order to be Principal Use consistent with the intent of the Municipal Code and protect the character of the neighborhood. Spvkan�e'11."' Department of Community Development , _, .„x tr4 4 Valle Planning Division _. ; Definitions ... ...a... ■ Accessory I Typical Examples Yp p n A building, area, part of E Detached Garage a building, structure or /Shops > 1 0% of the use which is subordinate lot size to, and the use of which E Swimming Pool is incidental to, that of g the main building, El Sheds - . ::--- - structure or use on the r ADU ; a same lot. -4 _ it awls_ K SMS e' Department of Community Development . 4 Valle r Planning Division Definitions ii Typical Examples Dwelling Unit ❑ IBC requires => 300 SF ❑ One or more rooms, designed, occupied or s intended for occupancy as LIVING/BEDROOM separate living quarters, AREA with an individual 11 r.r ' CD entrance, cooking, sleeping and sanitary facilities for the exclusive KITCHEN use of one family ° �I 1 maintaining household - L I. BATH___,)g ] L'. / � - C FYHA LI `, ^ Spv vDepartment of Community Development . Valli/m a p t Planning Division Definitions ....., Principal Structure Typical Examples The principal building or other structure on a lot or building site 1 x ■ designed or used to 50" Hsu Carr 1$' accommodate the „will' I j?' primary use to which Prop" -d 20" • i I,1 . fc 'sr the premises are devoted. Accessory Principal Structure Structure Spokane Department of Community Development lle Planning Division Definitions Principal Use Shop with residential quarters The predominant use to which the lot or - " property is, or may be .. devoted, and to which all other uses are accessory. ;, Principal 2222 Accessory 2222 s pokane' Department of Community Development . Valle i i iti t Planning Division t Other Issues - Detached Accessory Structures 18 Current Regulations ❑ Setback _ Rear = 5' a Side = 5' 7 v ❑ Primary Structure Rear = 10 - 20' Side 5 �� 11 c s,c:, ❑ Height limit = 35' (same as primary I '- structure ❑ Note: Size is limited to 10% of total lot area IN CFYRAII,..,' Department of Community Development Spokane .0 00 Va 112 in Now Planning Division .1) 1 Cmr -- ; . . ,•.. L. _ , i( , , _ _,li, .k,\ki 1 --' i I - -i-, ,...1 . . 1. ---.16---..r I •}1 0 ,'.."rri — ,... _ ___.--• Agalig .- _,-2;•-• -t. --'-- 7 - - -- - IP' -4•' * ' AMR;, — _ - .•-•'''' fir ... 44 . :iti.,_,..,_ . - , :_. ._ r...Alleht .s.00124111$161141- -...---- '_ • _........: . ._ ,...:. E - -•d- ,-.2.-2PV1.---Allirit 4 -4.,- CFYHAI.I Js^.. { Valley Planning Division 41 0-,..... ,,, aVr r[li fT1 I I , , ), , :, 4. it' a : - ti ' k Y 1 A 14 - 11 , w ' CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 15, 2013 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Spokane Valley Regional Decant Facility Interlocal Agreement GOVERNING LEGISLATION: RCW 90.48, Chapter 173-200 WAC, Title 33 U.S.C. 1251-1376; Storm and Surface Water Utility: SVMC 3.80; PREVIOUS COUNCIL ACTION TAKEN: Council approval of Ecology Grant application for a Decant Facility, November 2011; Council concurrence to draft an Interlocal Agreement with the Washington State Department of Transportation (WSDOT) to build, operate, and maintain a decant facility on the WSDOT Pines location and perform a feasibility study of the WSDOT Pines location for the decant, July 31, 2012; and Council concurrence with verbal agreements with Ecology on WSDOT ownership and operation of the facility, December 18, 2012. BACKGROUND: A draft Interlocal Agreement has been created by WSDOT and City staff for the design, construction, operation, and maintenance of a decant facility at the WSDOT Pines/Montgomery Road Maintenance Yard. It provides for the material handling, transport, and disposal costs of materials processed at the facility. Under the proposed agreement, the City would design and construct the decant facility on WSDOT property. In return, WSDOT will own, operate and maintain the facility and will invoice for the City's share of apportioned operations and maintenance costs for the facility. The Interlocal Agreement term would be for the expected life of the facility of 30 years. The Agreement requires a final review from the State Attorney General's office before WSDOT will be ready to approve. Staff is not anticipating major changes from the attached version of the draft Agreement and will be bringing back a final version for the City Council's approval when WSDOT is ready to approve. OPTIONS: N/A RECOMMENDED ACTION OR MOTION: Concurrence from Council for staff to bring the Interlocal Agreement with WSDOT to Council for approval when WSDOT is ready to approve. BUDGET/FINANCIAL IMPACTS: The total estimated Decant Facility cost in the grant application is $980,000. The Ecology grant is for up to $735,000 (75%). The required local match is $245,000 (25%), which will consist of APA funds ($95,000) and WSDOT funds ($150,000). STAFF CONTACT: Eric Guth, Public Works Director Art Jenkins, Stormwater Engineer ATTACHMENTS: Draft Interlocal Agreement with WSDOT Spokane Valley Regional Decant Facility DliAr Interlocal Agreement 1 INTERLOCAL AGREEMENT GCB 1358 2 BETWEEN WSDOT AND THE CITY OF SPOKANE VALLEY 3 FOR A 4 REGIONAL DECANT FACILITY 5 6 This Agreement is made and entered into by and between the Washington State Department of 7 Transportation (WSDOT) and the City of Spokane Valley (CITY), individually "Party" and 8 collectively "Parties." 9 10 WHEREAS, the CITY and WSDOT have a need for a Spokane Valley Regional Decant Facility, 11 hereinafter"Facility,"to process vacuum truck Eductor Material for regulation and operational 12 purposes; and 13 14 WHEREAS, the CITY and WSDOT have mutually agreed to design and construct such a 15 Facility that,when completed will be owned, operated, and maintained by WSDOT; and 16 17 WHEREAS, WSDOT will provide the property for the Facility; and 18 19 WHEREAS, the CITY will manage the design and construction of the Facility with a financial 20 contribution from WSDOT; and 21 22 WHEREAS, in accordance with the terms and conditions contained herein,the CITY has agreed 23 to be the lead for the construction of this Facility in consideration of the WSDOT's agreement to 24 reimburse the CITY One Hundred Fifty Thousand Dollars ($150,000) for expenses associated 25 with its construction; and 26 27 WHEREAS, in accordance with the terms and conditions contained herein, WSDOT has agreed 28 to be responsible for the operation, maintenance, and major refurbishment of this Facility in 29 consideration of the CITY's agreement to reimburse WSDOT for the CITY's share of the 30 expenses associated with its operation, maintenance, and major refurbishment; and 31 32 WHEREAS, the Facility will be available as an Eductor Material Decant Facility for the CITY 33 and WSDOT; and 34 35 WHEREAS, WSDOT shall guarantee, allow, and maintain the CITY's ability to unload only the 36 Eductor Material generated from within the city limits of City of Spokane Valley and which are 37 the legal responsibility of the City to pick up and process, and 38 39 WHEREAS, the cooperative provisions of this Interlocal Agreement(hereinafter the 40 "Agreement") are in the best interests of the public, 41 42 NOW, THEREFORE,pursuant to RCW 39.34, the above recitals that are incorporated herein as 43 if fully set forth below, and in consideration of the terms, conditions, covenants, and 44 performances contained herein, 45 46 GCA 1358 Page 1 of 9 Spokane Valley Regional Decant Facility BRptE Interlocal Agreement J 1 THE PARTIES MUTUALLY AGREE AS FOLLOWS: 2 1 PURPOSE 3 1.1 The purpose of this Agreement is to permit the Parties to jointly use the Facility designed 4 and constructed by the CITY on WSDOT property, as well as share in the costs of the 5 operation, maintenance, and major refurbishment of the Facility by WSDOT. 6 1.2 WSDOT and the CITY individually collect Eductor Material to maintain street,roads and 7 highways and have a need for a permanent Facility to process the liquids and material 8 collected in accordance with environmental regulations. To accomplish this, WSDOT and 9 the CITY will finance, site, permit, design, construct, operate and maintain a joint use 10 Facility that will handle, separate, and process Eductor Material generated by the Parties, 11 hereinafter, the "Project." 12 1.3 The finished Facility will process Eductor Material for each Party. The Facility will 13 provide a decant feature for liquids and a storage and sorting pad for materials collected, 14 including unknown waste, that is in compliance with Federal, State, and Local 15 environmental regulations. This Agreement further provides for contributory funding of 16 the Project by the CITY and by WSDOT. 17 2 DEFINITIONS 18 2.1 "Eductor"means a large industrial vacuum used to clean, temporarily store, and transport 19 material from structures,pipes,ponds, and associated facilities to transfer or final 20 disposal locations. 21 2.2 "Eductor Material"means the solid or liquid debris collected with an Eductor from 22 stormwater structures, pipes,ponds, and associated facilities. Eductor Material does not 23 include waste from sanitary sewer systems. 24 2.3 "Facility"means the Spokane Valley Regional Decant Facility. 25 2.4 "Facility Operations & Maintenance Plan"means the written plan developed for and by 26 WSDOT and the CITY detailing Facility operation, maintenance and major 27 refurbishment during the active life of the Facility. 28 2.5 "Liquid Waste"means liquids which cannot be discharged to surface water, groundwater, 29 or air of the State of Washington as defined by WAC 173-200, WAC 173-201A and 30 WAC 173-400. 31 2.6 "Major refurbishment"means any work that is not normally performed on a regular 32 daily, weekly, monthly, etc. schedule. Examples would include repairs and needed 33 replacements of roofing, concrete sections, etc; or capital improvements to the facility 34 that are mutually beneficial and agreed upon by both Parties. 35 2.7 "Regulatory Guidelines"means those applicable federal, state, and local regulations and 36 policies that govern the treatment and reuse of Eductor Material. 37 2.8 "Solid Waste"means that waste defined by RCW 70.95.030 (23) and WAC 173-304-100 38 (73)with the exception of wastes excluded by WAC 173-304-015. 39 2.9 "Spokane Valley Regional Decant Facility"means a handling facility designed for the 40 specific intent of providing a place where collected Eductor Materials are processed, GCB 1358 Page 2 of 9 Spokane Valley Regional Decant Facility BRA ' Interlocal Agreement J 1 therein rendering the material suitable for reuse, recycling, composting, or disposal 2 according to Regulatory Guidelines and operational processes. 3 2.10 "Subtitle C Hazardous Waste Landfill"means a permitted landfill that accepts hazardous 4 waste as specified in Subtitle C of the Resource Conservation and Recovery Act (RCRA). 5 2.11 "Subtitle D Municipal Solid Waste Landfill"means a permitted landfill that accepts non- 6 hazardous solid waste as specified in Subtitle D of the Resource Conservation and 7 Recovery Act(RCRA). 8 2.12 "Suspect Load"means loads which require special handling or testing due to unusual or 9 unknown characteristics that might indicate the material would be designated as a 10 dangerous waste in accordance with WAC 173-303 or would be unsuitable for any 11 planned land application. 12 2.13 "Working days"for this Agreement are defined as Monday through Friday, excluding 13 Washington State holidays per RCW 1.16.050. 14 3 ADMINISTRATION 15 3.1 The Area Maintenance Superintendent, or designee, for WSDOT shall administer and 16 manage the Facility per the approved Facility Operations &Maintenance Plan to be 17 developed as set forth in Section 4 of this Agreement. 18 3.2 The CITY and WSDOT shall share the use of the Facility. Incoming trucks will be 19 handled on a first come, first served, basis. 20 3.3 WSDOT may enter into similar Agreements for access and use of the Facility with other 21 local or county governments with the CITY's prior written approval. The CITY and 22 WSDOT shall share primacy of access and use over all other users that have been 23 authorized to access and use the Facility. 24 4 PARTY RESPONSIBILITIES 25 4.1 WSDOT RESPONSIBILITIES: 26 4.1.1 Provide the property for the Facility. 27 4.1.2 Be the lead agency for regulatory permitting of the Facility. 28 4.1.3 Allow for CITY input at each stage of the Project, including the planning, design, bid, 29 construction, and final acceptance phases. 30 4.1.4 Develop and periodically update a WSDOT's Facility Operations and Maintenance 31 Plan (Plan). 32 4.1.5 Allow the CITY to have input into the development of the Plan, and any future 33 revisions to the Plan. 34 4.1.6 Operate and maintain the Facility per the Plan. 35 4.1.7 Guarantee and allow the CITY's ability to unload Eductor Material generated from 36 within the city limits of the City of Spokane Valley,which are the legal responsibility 37 of the CITY,to pick up and process at the Facility the equivalent to Sixty (60) cubic 38 yards or Six (6) Eductor loads per day. GCB 1358 Page 3 of 9 Spokane Valley Regional Decant Facility B R AE Interlocal Agreement J 1 4.1.8 Pay the proportionate share of operations and maintenance costs monthly for WSDOT- 2 delivered Eductor Material as determined from actual documented costs for 3 management, handling, and disposal of the WSDOT delivered Eductor Material. 4 4.1.9 Invoice the proportionate share of operations and maintenance costs monthly for CITY- 5 delivered Eductor Material as determined from actual documented costs for 6 management, handling, and disposal of the CITY-delivered Eductor Material. 7 4.1.10 Invoice the proportionate share of major refurbishment projects to the City based on 8 annual percentage use of the Facility by the CITY. 9 4.2 CITY RESPONSIBILITIES: 10 4.2.1 Provide materials, equipment, and labor to design and construct the Facility. 11 4.2.2 Provide management of the Project through the planning, design, bid, construction, 12 commissioning, and final acceptance phases of the Project. Obtain approvals from 13 WSDOT at each stage prior to beginning subsequent stages. 14 4.2.3 4.4.3Provide input to the initial construction of the Facility and input when WSDOT 15 periodically updates the Plan. 16 4.2.4 Provide WSDOT with input for all major refurbishments planned for the Facility. 17 4.2.5 Pay the CITY's proportionate share of the Facility's monthly costs for CITY-delivered 18 Eductor Material as determined from actual documented costs for operation and 19 maintenance of the Facility and the disposal of the CITY delivered Eductor Material by 20 WSDOT. The CITY also agrees to pay its proportionate share of all major 21 refurbishment costs based on annual percentage use of the Facility. 22 5 BILLING AND PAYMENT FOR CONSTRUCTION,MAINTENANCE & 23 OPERATION OF THE FACILITY 24 5.1 WSDOT agrees to reimburse the CITY for the actual direct salary and direct non-salary 25 costs for the design and construction of the Project minus WSDOT permitting, design, 26 and construction support costs. WSDOT agrees to provide up to One Hundred Fifty 27 Thousand Dollars ($150,000) toward the design and construction of the Project. 28 5.2 For Project design and construction costs, the CITY agrees to submit a single invoice to 29 WSDOT for WSDOT review and approval for CITY work completed by June 30, 2013. 30 The invoice shall detail the work accomplished and include a detailed breakdown of all 31 costs being billed. WSDOT agrees to make payment to the CITY for up to One Hundred 32 Fifty Thousand Dollars ($150,000)based upon an approved invoice within thirty (30) 33 calendar days of invoice receipt. 34 5.3 WSDOT charges for Eductor Material shall be based on WSDOT's actual direct salary 35 and direct non-salary costs for performing all work associated with the receiving of 36 Eductor Material, its processing and disposal, and Facility operation and maintenance. 37 5.4 For operations, and maintenance, costs, WSDOT shall invoice the CITY on a monthly 38 basis, and the CITY agrees to pay its proportionate share of Facility operations and 39 maintenance costs based on actual documented costs for management, handling, and/or 40 disposal of CITY-delivered Eductor Material. For major refurbishment costs WSDOT GCB 1358 Page 4 of 9 Spokane Valley Regional Decant Facility BRA ' Interlocal Agreement J 1 shall invoice the CITY upon completion of the work, and the CITY agrees to pay its 2 proportionate share of the work. Invoices will be addressed to the attention of the CITY's 3 Public Works Director, current address 11707 E. Sprague, Suite 106, Spokane Valley, 4 WA 99226. Should the address change, the CITY shall provide WSDOT with at least 5 sixty (60) calendar days advance written notice. 6 5.5 The CITY agrees to pay all properly documented and approved invoices within thirty 7 (30) calendar days from the date received. Should a dispute arise regarding any amounts 8 billed to the CITY, the CITY agrees to process payment on any undisputed amounts. Any 9 disputed amount will be handled following the process set forth in Section 14, DISPUTE 10 RESOLUTION. 11 6 ACCEPTABLE MATERIAL RECEIVED FROM EACH PARTY 12 6.1 Each Party shall assure that Eductor Material delivered to the Facility is from normal 13 maintenance and operations of its roadways, culverts, ponds and storm drainage systems. 14 Each Party shall assure to the greatest extent practicable that Eductor Material delivered 15 to the Facility contains only material appropriate for disposal at a Subtitle D Municipal 16 Solid Waste Landfill (for solids) and the Spokane County Water Reclamation Facility or 17 other approved method (for liquids)under applicable local, state and federal laws, which 18 shall for the purposes of this Agreement be considered acceptable Eductor Material. 19 WSDOT shall only be obligated to accept and process acceptable Eductor Material. 20 WSDOT may test incoming loads to identify Suspect Loads. Special situations that may 21 arise are to be dealt with in accordance with the Facility Operations &Maintenance Plan. 22 7 MATERIAL REUSAGE OR DISPOSAL 23 7.1 After the Eductor Material solids are separated from the liquids, each Party retains the 24 right to reuse the solids portion of its Eductor Material by hauling it off site to another 25 appropriate location, such as a job site. If not reused by the responsible Party, the solids 26 will be disposed of in the normal manner by WSDOT hauling the solids to a permitted 27 landfill. 28 7.2 Each Party will be individually responsible for any cost associated with disposal of its 29 solid Eductor Material to a permitted land fill, unless such solids are disposed of 30 accordance with Section 7.1. 31 7.3 Should WSDOT find a suitable end use for Eductor Material, the CITY may opt to 32 participate in that option. The CITY will notify WSDOT of its preferred reuse-disposal 33 option. 34 7.4 WSDOT shall bill the CITY for disposal costs according to the terms and conditions in 35 Sections 5.4 and 5.5. 36 8 ADDITIONAL CHARGES FOR SUSPECT LOADS 37 8.1 No Party will knowingly deposit a Suspect Load at the Facility. 38 8.2 If the CITY unloads a Suspect Load at the Facility, the CITY shall be responsible to pay 39 all handling, testing, profiling, transportation, and proper disposal costs to WSDOT. The 40 CITY agrees that it will pay the additional costs incurred by WSDOT in dealing with GCB 1358 Page 5 of 9 Spokane Valley Regional Decant Facility BRVE Interlocal Agreement 1 Suspect Loads, including the cost of disposal, if after testing, the solids must be taken to a 2 Subtitle C Hazardous Waste Landfill. 3 8.3 WSDOT will invoice the CITY all additional charges incurtid by WSDOT as a result of 4 a CITY deposited Suspect Load. 5 8.4 Each Party will retain ownership of Suspect Loads for purposes of documenting and 6 reporting as required by law. 7 9 WSDOT RESERVATION OF RIGHTS IN AN EMERGENCY 8 9.1 WSDOT reserves the right to manage the Eductor Materials of each Party as necessary in 9 emergency situations to ensure unbiased,uninterrupted and compliant operation of the 10 Facility. In the event of an emergency,WSDOT shall (a)provide advance notice to the 11 CITY of any changes to normal operations and maintenance, to the extent practicable and 12 (b)notify the CITY by the end of the following working day of any changes in operation 13 and maintenance, if advance notice could not be provided. 14 10 RIGHT OF ENTRY 15 10.1 WSDOT grants the CITY, it's employees, authorized agents, and/or contractors a non- 16 exclusive right of entry onto the Facility property during normal business hours for the 17 purpose of assisting WSDOT with the design and construction of the Facility and only for 18 the purposes outlined in this Agreement. No other rights to the Facility property prior to 19 completion of the Facility for any other purpose shall be allowed unless the Parties enter 20 into a written Amendment prior to any additional use. 21 10.2 Once the Facility is operational, the CITY, its employees, authorized agents, and/or 22 contractors shall be authorized right of entry to the Facility at any time for the purpose of 23 delivering Eductor Materials and picking up processed solids for the purpose of 24 delivering to another location. 25 10.3 If there is an imminent risk of loss of life, health or property,WSDOT may restrict or 26 discontinue access to the Facility without prior notice to the CITY, and shall notify the 27 CITY as soon as reasonably possible after discovery of the imminent risk. 28 11 TERM 29 11.1 The term of this Agreement is from the date of execution of this Agreement and shall 30 continue through June 30, 2043, unless extended by mutual agreement or terminated 31 sooner according to Section 12, TERMINATION. This term coincides with the life 32 expectancy of the Facility. 33 12 TERMINATION 34 12.1 Either Party may terminate this Agreement through written mutual agreement. 35 12.2 With the termination of this Agreement, the CITY agrees to reimburse WSDOT for its 36 cost obligations incurred through the date of termination, as well as all disposal costs 37 incurred by WSDOT for CITY delivered Eductor Material that remains at the Facility at 38 the time the termination is effective. GCB 1358 Page 6 of 9 Spokane Valley Regional Decant Facility B R AE Interlocal Agreement J 1 12.3 If WSDOT terminates this Agreement, WSDOT will provide the CITY with an equal and 2 a mutually agreeable alternative facility to take the CITY's Eductor Material. 3 12.4 If the CITY terminates this Agreement, the CITY will lose its access and ability to use 4 the Facility. 5 13 REGULATIONS AND REQUIREMENTS 6 13.1 Each Party agrees and will be responsible to follow the WSDOT Facilities Maintenance 7 and Operation Plan and all current and future applicable Federal, State and Local Eductor 8 Material collection, processing, reuse and disposal laws, regulations, and policies. 9 14 DISPUTE RESOLUTION 10 14.1 In the event that a dispute arises under this Agreement, it shall be resolved as follows: 11 The WSDOT and the CITY shall each appoint a member to a disputes board, these two 12 members shall select a third board member not affiliated with either Party. The three- 13 member board shall conduct a dispute resolution hearing that shall be informal and 14 unrecorded. An attempt at such dispute resolution in compliance with aforesaid process 15 shall be a prerequisite to the filing of any litigation concerning the dispute. The Parties 16 shall equally share in the cost of the third disputes board member; however, each Party 17 shall be responsible for its own costs and fees. 18 15 VENUE 19 15.1 In the event that either Party deems it necessary to institute legal action or proceedings to 20 enforce any right or obligation under this Agreement, the Parties agree that any such 21 action or proceedings shall be brought in the Superior Court situated in Spokane County. 22 Each Party shall be responsible for its own costs, including the costs of its attorneys. 23 16 INDEMNIFICATION 24 16.1 The Parties shall protect, defend, indemnify, and hold harmless each other and their 25 employees and/or authorized agents, while acting within the scope of their employment as 26 such, from any and all costs, claims,judgments, and/or awards of damages (both to persons 27 and/or property), arising out of, or in any way resulting from, each Party's obligations to be 28 performed pursuant to the provisions of this Agreement. The Parties shall not be required 29 to indemnify, defend, or hold harmless the other Party if the claim, suit, or action for 30 injuries, death, or damages (both to persons and/or property) is caused by the negligence or 31 wrongful act of the other Party; provided that, if such claims, suits, or actions result from 32 the concurrent negligence or wrongful act of(a) the WSDOT, its employees and/or 33 authorized agents and(b) the CITY, its employees and/or authorized agents, or involves 34 those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be 35 valid and enforceable only to the extent of the proportionate responsibility of each Party, its 36 employees and/or authorized agents. The CITY agrees that its obligations under this 37 section extends to any claim, loss, demand, cause of action, lawsuit, obligation, liability, 38 judgment, award and/or damage of any kind or nature brought by or on behalf of any of its 39 officials, employees or agents (the"Claims"). For this purpose, the CITY,by mutual 40 negotiation, hereby waives any immunity that would otherwise be available to the CITY GCB 1358 Page 7 of 9 Spokane Valley Regional Decant Facility BRVE Interlocal Agreement 1 regarding such Claims under the Industrial Insurance provisions of Title 51 RCW of the 2 State of Washington. 3 4 16.2 This indemnification shall survive the termination of this Agreement. 5 17 INDEPENDENT CONTRACTOR 6 17.1 The WSDOT shall be deemed an independent contractor for all purposes, and the 7 employees of the WSDOT or any of its contractors, subcontractors, consultants, and the 8 employees thereof, shall not in any manner be deemed to be employees of the CITY. 9 17.2 The CITY shall be deemed an independent contractor for all purposes, and the employees 10 of the CITY or any of its contractors, subcontractors, consultants, and the employees 11 thereof, shall not in any manner be deemed to be employees of the STATE. 12 18 AUDITS/RECORDS 13 18.1 During the term of this Agreement and for a period not less than six (6) years from the 14 date of the termination of this Agreement, the records and accounts pertaining to the 15 scope of work of this Agreement shall be kept available by both PARTIES for inspection 16 and audit by both PARTIES, and copies of all records, accounts, documents, or other data 17 pertaining to this Agreement will be furnished upon request. Both PARTIES shall have 18 full access to and right to examine and copy said records, during normal business hours 19 and as often as it deems necessary. Both PARTIES agree that the work performed herein 20 is subject to audit by either PARTY. Should an audit, enforcement, or litigation process 21 be commenced, but not completed, during the aforementioned six (6)year period then 22 both PARTIES's obligations hereunder shall be extended until the conclusion of that 23 pending audit, enforcement or litigation process. 24 19 FORCE MAJEURE 25 19.1 Except for payment of sums due,neither Party shall be liable to the other Party or 26 deemed in default under this Agreement if and to the extent that such Party's performance 27 of this Agreement is prevented by reason of force majeure, including but not limited to an 28 unforeseeable or inevitable event caused by nature, fires, strikes, insurrections, riots, 29 embargoes, delays in transportation or inability to obtain supplies. 30 20 AMENDMENT 31 20.1 The provisions of this Agreement may be amended with the mutual consent of the 32 Parties. No additions to, or alterations of, the terms of this Agreement shall be valid 33 unless made in writing and formally approved and executed by the duly authorized agents 34 of both Parties prior to commencing any modified activities authorized under the 35 Amendment. 36 21 DOCUMENT EXECUTION AND FILING 37 21.1 Upon execution, the executed originals of this Agreement shall be returned such that each 38 Party has one executed original. Each Party shall file the Agreement as may be allowed 39 by applicable law. GCB 1358 Page 8 of 9 Spokane Valley Regional Decant Facility BRAT Interlocal Agreement 1 22 AUTHORITY 2 22.1 This Agreement is executed in accordance with the authority of chapter 39.34 RCW, the 3 Interlocal Cooperation Act. The following information is given pursuant to the provisions 4 of RCW 39.34.030. 5 22.2 Unless otherwise specifically agreed to in writing by WSDOT, all property, personal and 6 real, utilized by the Parties hereto in the execution of this Agreement are, and shall 7 remain the property of WSDOT upon completion of construction and acceptance by 8 WSDOT. 9 22.3 Nothing in this Agreement shall preclude any Party from maintaining and utilizing its 10 own holding facilities. 11 12 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party's 13 date signed last below. 14 STATE OF WASHINGTON CITY OF SPOKANE VALLEY DEPARTMENT OF TRANSPORTATION By By Name: Name: Title: Director of Maintenance and Title: City Clerk Operations Date: Date: Name: Title: City Manager Date: REVIEWED AS TO FORM APPROVED AS TO FORM Name: Ann E Salay Name: Title: Assistant Attorney General Title: City Attorney Date: Date: 15 16 17 GCB 1358 Page 9 of 9 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 15, 2013 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Street Preservation Project, Change Order (CO 8 - 2012 Street Preservation Projects — Phase 1) GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: March 27, 2012 council approved the Pavement Management Plan Update for 2011; April 10, 2012 council approved $2.8 million dollars for street preservation projects in 2012; May 15, 2012 Admin Report on the 2012 Street Preservation Projects Update; June 12, 2012 Awarded 2012 St Preservation Project — Phase 1 to Spokane Rock Products. BACKGROUND: The project plans were prepared and advertised for bid on May 18th. Council awarded Phase 1 of the 2012 Street Preservation Project to Spokane Rock Products, Inc. for $630,799.53, approximately $400,000 below the Engineer's estimate. The project began construction on July 23 and was substantially completed on September 5. Staff has prepared the attached Change Order 8 to pay for additions and major bid item quantity overruns. See the attached Memorandum on Change Order 8 — Explanation of Major Bid Item overages. The cost of the overages increase the project cost above 15% of the bid contract price and requires Council approval. Upon execution of the change order, staff will begin project closeout resulting in retainage release. OPTIONS: Council consensus to move forward with the change order as submitted; or take other steps as deemed appropriate. RECOMMENDED ACTION OR MOTION: Council consensus to move forward with the change order as submitted and to place the item on the Council's January 22 agenda for motion approval consideration. BUDGET/FINANCIAL IMPACTS: Council approved a total of $2.8 million for Street Preservation projects in 2012. The current estimate of funds spent for the Street Preservation costs is $2,230,000. There are funds available for the change order. STAFF CONTACT: Steve M. Worley, Senior Capital Projects Engineer ATTACHMENTS: (1) Change Order 8, 2012 Street Preservation Project — Phase 1; (2) Memorandum, CO 8 Explanation sookane Public Works Department Capital Improvement Program ,■*Valley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall®spokanevalley.org Memorandum To: File From: Craig Aldworth, P.E. — Project Engineer Date: Jan 8, 2013 Re: 2012 St Preservation Project— Phase 1 Change Order 8 - Explanation of Major Bid Item Overages Schedule C— Dishman—Mica Road Schedule C Bid Item 5, Schedule C Flaggers and Spotters -$7,968.75 The original estimate for flagging was too low for the Dishman-Mica Schedule. The project traffic control plans referenced WSDOT Standard Plans that conflicted on the amount of flagging required for some project locations. Other Standard plans included in the contract did not provide for flagging. When in doubt as to which Standard Plan applied to a given situation, the Contractor erred on the side of caution, and provided flagging. This approach resulted in no construction related accidents during the project. Additional flaggers and spotters were required along Dishman-Mica Rd while conducting ADA pedestrian ramp retrofit work to safely separate the construction equipment from vehicle traffic on the intersecting streets. Additional flaggers and spotters were also used during grinding and paving operations to guide traffic from adjacent homes and businesses through the work area. Schedule C Bid Item 10, HMA CL 1/2" PG 64-28, .17FT Depth -$4,588.00 As a cost-saving measure the original bid set of plans did not include grinding and repaving of the NB Dishman-Mica bike lane. When the bids came in significantly lower than the Engineer's Estimate ($400,000), staff re-reviewed the paving limits. It was determined that not including the bike lane in the grind and paving limits, would leave a long longitudinal joint on the edge of the NB lane. Staff felt it would be best not to have to maintain this longitudinal joint. Therefore, the bike lane area was added to the grind and paving quantities. This eliminated the future costs of maintaining the joint and will prolong the life of the pavement. Also the plans were quickly prepared using aerial photos which are not as accurate as preparing plans using a topographic survey. This resulted in a variation between bid quantities and what was actually installed in the field. Payment to the contractor is based on actual field measurements made by the project inspector. Schedule C Bid Item 12, HMA Signal Patch -$6,250.62 The patch areas for the signal at the Dishman-Mica Rd and University Rd intersection were expanded from what was shown on the original plans. The patch was extended to the curb to allow optimal signal loop placement, widened so that the patch edge would not be in a wheel path, and adjusted along centerline to enhance constructability between traffic control phases. Schedule C Bid Item 14, Joint Adhesive -$5,754.50 Joint Adhesive was originally planned to be applied only at transverse edges of the new inlay as a cost saving measure. Since the bid came in well under the Engineer's Estimate, the joint adhesive was also applied to the longitudinal edges of the inlay on Dish man-Mica Rd. This will reduce future crack sealing maintenance costs in the future. Schedule C Bid Item 23, Cement Concrete Traffic Curb and Gutter-$2,139.54 Additional curb and gutter (from what was originally estimated) was removed and replaced when it was found to be damaged or cracked along Dishman-Mica Rd. Also additional curb and gutter was removed to revise pedestrian ramp designs so they would conform to current ADA requirements. The design plans called for perpendicular style curb ramps at the four corners of the Dishman-Mica / Schafer intersection. The ramp designs on these corners were revised in the field to parallel style curb ramps that fit better within the existing site constraints. Schedule C Bid Item 24, Cement Concrete Pedestrian Curb -$3,132.80 Additional pedestrian curb was installed when pedestrian ramp designs were revised to conform to current ADA requirements along Dishman-Mica Rd. The design plans called for perpendicular style curb ramps at the four corners of the Dishman-Mica / Schafer intersection which do not include pedestrian curbs. The ramp design on these corners was revised in the field to parallel style curb ramps that do include pedestrian curb. c+rvt�r o1 e x °_. , l y CHANGE ORDER TO CONSTRUCTION CONTRACT NO 12-017 DEPARTMENT OF PUBLIC WORKS PROJECT; 2012 Street Preservation Project-phase 4 CONTRACT DATE: 8/29/2012 CONTRACTOR: Spokane Rock Products,Inc CHANGE ORDER NO: 8 CAPITAL IMPROVEMENT PROJECT NO; 0160 BID NO.: 12-017 PE$QR1PTICN OF CHANGES This Summary of Quantities Change Order pays for major bid Item overages. See the attached Bid Item Overage Explanation. Item No Description Unit ,Quantity Unit Prtc@ 1.4181 Scat C-6A SCHEDULE C FLAGGERS AND SPOTTERS HR 187.60 $ 42,59 $7,968,75 Sch C-10A HMA CL,112"PG 64-28,.17 FT.DEPTH S.Y. 520 $ 7,40 $4,688,00 Sch C.-12A HMA SIGNAL PATCH S.Y. 114 $ 54.83 $5,260,62 Sch C-14A JOINT ADHESIVE LF 11,609 $ 0.60 $5,754.50 Soh C-23A CEMENT CONCRETE TRAFFIC CURD AND GUTTER LF 78 $ 27.43 $2,139.54 Sch C-24A CEMENT CONCRETE PEDESTRIAN CURB LF 89 $ 36,20 $3.132.80 Total Amount of this Change Order(Inci,Tax): $29,834.21 SUBSTANTIAL COMPLETION Original Date: 8/24/2012 Prior to this Change Order; 9/6/2012 including this Change Order: 9/612012 Original Working On a: 26 Work! • Da a Added b this CO: 0 Working bays(nciudin+ this CO: 30 THESE CHANGES RESULT IN THE FOLLOWING ADJUSTMENTS OF TOTAL CONTRACT PRICE; ORIGINAL TOTAL CONTRACT AMOLI T. .„,y,,,,„ „;_,, _ ,J 530,799.53 TOTAL PRIOR CONTRACT CHANGE ORDER AMOUNT ,. ,, i $, 93489.90 TOTAL CONTRACT PRICE PRIOR TO THIS CHANGE ORDER ,,y��, 724 289.43 834.21 NET THIS CHANGE ORDER , ,.,,..t »„Y, 29,834.21 TOTAL CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER 764,123,84 CONTRACTOR ACCEPTANCE: DATE: PI- 7 The contractor hereby accepts this adjustment under the terms of the original contract for all work performed. RECOMMENDED BY: _ '��< / '_.. DATE; /2-0,f 2..... APPROVED BY: DATE: Pubte Works . ... APPROVED BY'. DATE: City Manager ATTACHMENTS: CO 8 Did Item Overage Explanation A/sf45utk nr L ORIGINALS TO: Contractor,City of Spokane Valley Clerk's Office,PW Project File COPIES T0; PW Project Flle r.r eviakiltworchavice(91A12421,.. DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of January 10,2013; 11:00 a.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings January 22,2013,Formal Meeting Format,6:00 p.m. [due Mon,Jan 14] 1. Consent Agenda(claims,payroll,minutes,Interlocal for State Purchasing) (5 minutes) 2. First Reading Proposed Ordinance,CTA 04-12 Code Text Amendment—Marty Palaniuk (20 minutes) 3. Motion Consideration: Interlocal Agreement regarding Decant Facility—Eric Guth (15 minutes) 4. Motion Consideration: Street Preservation Project Change Order—Eric Guth (10 minutes) 5. Advance Agenda (5 minutes) 6. Information Only: Dept Reports; Planning Commission Minutes [*estimated meeting: 55 minutes] January 29,2013, Study Session Format, 6:00 p.m. [due Mon,Jan 21] 1. Interim Council Applicant Interviews (—60 minutes) 2.Advance Agenda (5 minutes) [*estimated meeting: 65 minutes] SPECIAL MEETING: February 5,2013,Executive Session 5:00 p.m. 1. Discuss applicant interviews February 5,2013,Study Session Format,6:00 p.m. [due Mon,Jan 28] ACTION ITEMS: 1.Appointment of Interim Council Applicant—Mayor Towey (15 minutes) 2. Second Reading Proposed Ordinance, CTA 04-12 Code Text Amendment—Marty Palaniuk (20 minutes) NON-ACTION ITEMS: 3.Accomplishments Report for 2012—Mike Jackson and Dept Directors (30 minutes) 4.Advance Agenda (5 minutes) [*estimated meeting: 70 minutes] February 12,2013,No Meeting(City Legislative Action Conference ICLAC1 in Olympia) February 19,2013, Study Session Meeting Format,6:00 p.m. [due Mon,Feb 11] 1.Advance Agenda 2. Info Only: Department Reports; Planning Commission Minutes Feb 26,2013 Winter Workshop (Note:no evening Council meeting) 8:30a.m.-5:00p.m.City Hall Council Chambers Tentative Topics: Ten-Year Anniversary Work Plan 2013 Park/Library Update Manufactured Homes Zoning City Hall Council Goals Business Route Signage Legislative Agenda Solid Waste Council Meeting Processes City Funding Opportunities: Outside Agency;Lodging Tax Thurs,February,28,2012(tentative)—City Hall at the Mall Draft Advance Agenda 1/10/2013 2:22:00 PM Page 1 of 2 March 5,2013,Study Session Format, 6:00 p.m. [due Mon,Feb 25] 1.Advance Agenda (5 minutes) March 12,2013,Formal Meeting Format,6:00 p.m. [due Mon March 4] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) March 19,2013, Study Session Meeting Format, 6:00 p.m. [due Mon,March 11] 1.Advance Agenda March 26,2013,Formal Meeting Format,6:00 p.m. [due Mon,March 18] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Information Only: Dept Reports;Planning Commission Minutes OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: ADA Transition Plan Arts Council Bidding Contracts(SVMC 3.—bidding exceptions) CDBG(spring 2013) Coal Train EIS Donation Policy Future Acquisition Areas Gateway,Regional MOU Interlocal Agreement,Purchasing PEG Funds(Education) Public Safety Contract,Proposed Amendment Revenue Policy, Cost Recovery Solid Waste Analysis Speed Limits(overall system) Stormwater Projects Regional Transportation Issues (TBD, etc.) TIP(June,2013) *time for public or Council comments not included Draft Advance Agenda 1/10/2013 2:22:00 PM Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 15, 2013 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ® information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: City Hall at the Mall GOVERNING LEGISLATION: n/a PREVIOUS COUNCIL ACTION TAKEN: n/a BACKGROUND: As part of our effort to make city government and services more available to the community and foster positive relationships between the city and its constituents, we are holding the second annual "City Hall at the Mall" event on Thursday, February 28, 2013 from 10:00am to 9:00pm. Display tables with information from City Departments will be set up in the 2nd Floor Food Court at Spokane Valley Mall during regular mall hours from 10:00am to 9:00pm. Staff members who have a good depth of knowledge within their departments/divisions and/or who are coordinating projects of significant interest to the community will be on hand to share information and interact with community members. Councilmembers who may be interested in signing up for shifts at the booth to help us connect with citizens are especially welcome. Available shifts are 10:OOam-12:45pm; 12:45pm-3:30pm; 3:30pm-6:15pm; and 6:15pm-9:OOpm. Please RSVP to Carolbelle at 720-5411 or cbranch @spokanevalley.orq by Monday, February 25 and she will provide the scheduling to Chris Bainbridge and Sue Passmore. Laptop computers will be set up at the event so use of the website to access information can be demonstrated, citizen action requests can be filed, comments can be taken, and online services can be provided, almost as if community members were at City Hall itself. Informational brochures and handouts on a variety of city topics will also be available. A large flat-screen will allow us to share video information, including the permitting advertisements run in 2012. The Spokane Valley Mall and General Growth Properties are making this opportunity available to us at no charge. They are very excited to be able to support our efforts to be involved in the community and have offered the assistance of their event and promotions coordinator to help us promote the event. OPTIONS: Information only RECOMMENDED ACTION OR MOTION: Information only BUDGET/FINANCIAL IMPACTS: n/a STAFF CONTACT: Carolbelle Branch, Public Information Officer