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2007, 01-02 Study Session Y~ AGENllA CITI' UF SPUK-M VAI.LEY C[7'Y CUl iNC'iL µ'ORkSl1CET STUDY SESSION Tursduy, .1auuAry 2, 20t17 6:00 p.m. CITY AA1.L COtiNCiL CRAIil3ERS 11707 Eaat 5prsgur Avcauc. I-Irst Floor (Plcasc Turn Ot'f a►!1 Elrrtronk Devkes Dariag tht hfcetiog) DIS('[li;SI()N I.EADFR S[iH,TEC1'lACTIVM' GOAL 1. Ncil Kcrstcn Aiution Ccinsidrratian: Snuw Fluwing Cuasidor Moliun lxvel of Secvicc IpnbUc commcnl] Nikc Jscksnn ( I 5 minutes) Fiber internd Service fnr Cctrtert'luce lliscussionJlnforniatian i. Scott Kuhta (15 minutcs) Etrqucst for Qualifications fnr City t'entrr Uiscussiontlnfnnnaticm CORalllllrig SCi1'1Ce5 tiina Rcgot(45 minutc3) Updaw"Strcngih3, 14'wlwessr;, Opportiinitics, Disc ussiunrlafur►n.ltio ii Tlurats" i S.W.cl.T.l Grcg McCortnickl'Ntarina ['uifonn L?hvciopmcnt l_'ode ! itles 17. 18:►►yd 20 Discussion"Infomiation Suk1p (60 minutcs) h. h(avor 1b'ilhitc Advancc Ai;cnd:i ALldition3 I7i5cuss;imr'[ntuRn:stio11 InfW'►ru11lon Oi11V: (The.s'<• Wfll Mul hr rliS_'W_sr.l or rq)0rte_: tr,nur> > a Z.otring CjR-1 Erie►ularr b !)epartmrnt Rernrrs K. \1aNor Wilhitc COuncil C[i;-':Ck in L)iscussiuwlntiornialiou 9, t}ave Mercier Cit}• 1fanager Comments Discu>sion.=7nfomiation Adjourn Nv1t: l,'atas alberwise aotrd abare, there wIll be no publk eomtnents at Cuuncil Study Sssslans. UnN-cvcr, Cr1Uf1CU JIWAv) fei!'fvtf tbs rW►t to rcquem In[urniatina Crom thc pubUc aad statf ai apprnprEatc. NO'f1CF? Lndividuals piaming In atirnd thc moetins wbo tequire sprcis! ssnistaace en nccvtt►modalr phys.i:.al. hearing a cdicr Impoirmrnra_ plcnaa conlnct ik Cmr QaA ac (504) 9:1-1 G00 as wa a, possil)sc sa Ooa wrangaucau nup Dc caad-e. / - sCMokane p Valley 49;00 SPOKANE VA:LLEY CITX COUNCIL NOTICE OF NO MEET.I:NG Please note that in observation of the National :Day of Mourning for President Gerald R. Ford, there will be No Spokane Vallev Council meetinv, or studv session, 7,ucsdav, Januarv 2, 2007. Tlle next Council Nieeting will be a Regular Council Meeling Schecluled for Tuesday, January 9, 2007, at 6:00 p.m. in the Spokmie Valley Councii Chambers, 11707 E. Sprague Avenue. . Christinc f3uirrbriclge, CjWC Spokane Valley City Clerk ~ CITY OF SPOKANE VALLEY J Request for Council Action Meeting Date: January 2, 2007 City Manager Sign-off: Item: Check all that apply: ❑ consent 0 old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Snow Plowing Level of Service • GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Council discussed the level of service for snow plowing and street sweeping on November 14, 2006. As a result of the Council discussions, we have made some minor changes in the snow plowing level of service for priority 4 roads to clearly indicate thaf the valley floor residential streets will not be plowed until functional traffic flow is inhibited. We have also reviewed the attached level of service with the County. They could only remember plowing all the residential streets in the winter of 03/04 when we had significantly more than 4 inches of snow and with more snow in the forecast. Council requested that the level of service for snow plowing be placed on a future agenda for a motion consideration. Attached is a presentation for consideration on the level of service for snow plowing. . OPTIONS: Approve, amend or not approve the level of service. RECOMMENDED ACTION OR MOTION: BUDGETIFINANCIAL IMPACTS: This is the current level of service approved in the 2007 budget. STAFF CONTACT: Neil Kersten ATTACHMENTS Presentation f , - ~ I Snow Plowing & Deicing ' , Level of Service ..i- ' . Neil Kersten, Public Works Director ]ohn Hohman, Senior Engineer Tim Klein, Street Maintenance Superintendent January 2, 2007 Page 1 Snow Level of Service Snow - Levels of Service • City s Superintendent monitors weather . reports & directs County activities • Crews available in shifts for 24 hour coverage it/0WP10'/lING A1UHpL•"ftOP OOGEf[7 GIU1OCIi^u SR{ACR 7KUGK TRUCKu MOUNuTO PRIORIflES ~E5IFLOYEfSI I I PLaAS Iu'ANDERBIP,owsSantlcrslWN_PIETE 1. M:nRtInAW L4 R 7 2 ! 12 Z. SnoCndury4rlo'1L% 8 2 2 2 2 111 1141sideRezidert4ah $2 2 6 2 2 16 Ya7no FburReJtleMah t5 g a ~ gp 1 Y `~'aS°ARa~.Ql~JY~ :"i r°~°w`Ya' w`7:. :°11'S4Y.9ti :'44b• ~'.a°:'a~.':'..°: .,~ai s~ ~ Snow Plowing - Priorities 1, 2& 3 : ~ Limited operations for snow events ranging { from 1 to 3 inches • Plowing performed as conditions warrant, focuses on problem areas and hillsides • Coordination occurs with Police Department on accident & problem areas • Full plowing activities for snow events exceeding a depth of 4 inches ~f?ag `3~~ ~"^C~~'►'Snow' ~evel ofr5c v ci ~Li. 6 A ~L 6 GA U.d.:AAt1l~t:.60.~Lc.~ CR S6 h / - ' Snow Plowing - Priority 4 • Residential streets on the Valley floor will be considered for plowing when accumulation reaches 4" and when functional traffic flow is inhibited. ~ ?YL~ i' b ZS e~' t` .'L.'b D. •'b~"~.~'~-'-"UiSa+U . ~d \ V C pn4e 4~~y.~y~, ~ ~ .F~t. 2 ~ :Ice Control - Priorities 1, 2& 3 ~ ; ~ • Limited liquid deicing activities begin prior to ! ' snow events on bridges and primary intersections • Solid granular deicer is the primary deicing method for streets and intersections and begins as soon as there is snow accumulation on the roadway • Limited sanding and liquid deicing occurs during snow events - usually limited to intersections, hills, and corners , ~,Vaqe~b ~ y, ~~•9 ow Leti~i'd~~'St~wce~ ~ Ice Control - Priority 4 41 ~ • Deicing and sanding will not be conducted on residential streets on the Valley floor except at controlled intersections & selected problem areas ra~e~r r'Y a,e~o'a'+`r'Yh.•e•- a~e~-. ' n,'-a e en'c<~c. . ~ . 3 ~ Ai ~.y; ?~•~"~f ~.y ~nt ~I i}I,3 ~ ~ ~~~f~~a~ ~ ~ 4~Y1a~~'~ :,30 ~ ~ ~ i~ _ Le R 4~ > R an . ° 4-- ~ - _ p E i p E dd LZ 8 - 4LLi.~~ ►.~arA ns.Faid nt(on Indlraj i4a D o ~ N ~ . fA5Akm v M ~ ~ ~ ~ - 6~r Q - p SrLaTP co 0 I r ri 2 c r gd., 11 C2L~b.7~1 19G ~ I BnW, r. ~E y r~ e Fe6al~~un~js PJkf ' ~ ki ~ b ~ t f~~} AI ` f - - , cvs ~ r E 1 411c ~ y . A n qi,e~ 1~ Fi~ ' ~ 141d~1 r ih ~1~ ~ ~ n W.' ~ u~ N ~ a IN ~ ~Soi3' -8 ~Y ` L~ . . 1~3C1er'rC1 Id ~ 314 2rd 5t 41h Nh~ m ~Il dth + (n , . - ?}~N{I~~! - ~ P~ ~ ~ _ T ~i ~1611L j~Eti,~ ~ - 6LI1.3 u Ih L _15M LC i i 4L 3«Ih.- y •,cr,'~ ~ ~ x tBtl7 + ~ ~ ~ ~ ~ Furik C MFW77 ~`x~ ~ - ~ ~ ~ . r ~ ~ ~ 3 ~ i h ~ ~ c ► tt ~ - cr 1 $ pP3rk ~ 3711`1 p ri 0 f P ~P 1,0 3381 J~ _ , l`. o ~ ~ ile Te`~ - Snow Rerryoval Priarities - t~ ~ G, , _ ~ ~ N?.AP fJPC7ATcD 12.'07.[36 AArh ~ r I(~~r~ - ' ~ r ~ ~~IORITY1 .f •n,, ~ ~,,i 1 ~ q~th r _ q 1d ~ d f Ati~t fe rT~~' gr„ , PR14Ri1rY2 ~ e io M i- ~~~~~ITY~ . ; %fley PF~ Pueuc wOaKS ~P~aR~Ewrt f~iles 60R~~iY~ ° I CITY OF SPOKANE VALLEY ~ Request for Council Action Meeting Date: January 2, 2007 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information x admin. report ❑ pending legislation AGENDA ITEM TITLE: Fiber Internet Service for CenterPlace PREVIOUS COUNCIL ACTION TAKEN: This information was distrjbuted to council as an information item in the Decsmber 19 Council packet. BACKGROUND: Attached please find a memo from Bing Bingaman, Information Technology . Specialist, regarding internet service at CenterPlace. As noted by Bing, the cost to provide Internet fiber to CenterPlace has continued to drop. At this time, Time Warner has indicated verbally to Bing that they are willing to install the fiber at no installation c4st with a monthly recurring cost of $886. This results in a net increase of $201 (including the $260 in savings which will result from the elimination of the two T1 lines between City Hall and CenterPlace.) - While it is impossible to predict with certainty, it appears that the cost of fiber has bottorned out. As noted by Bing, the additional capacity will allow the City (or third party providers) to pursue video conferencing from CenterPlace. If we can lock it the fiber at the above rate, it is my recommendation to proceed. This matter is of a time sensitive nature as Time Warner predicts a price increase at the first of the year. OPTIONS: RECOMMENDED ACTION OR MOTION: Council concensus to place this item on the January 9 agenda for a Motion Consideration. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS December 27, 2006 Memorandum fro Bing , ~ City • Spokane - i Memo . To: Mike Jadcson, Parks & Rec. Director From: Bing, Information Technology Specialist CC: Date: I?ecember 27, 2006 Re: Fiber Internet Service for CenterPlace Upgrade Irrternet Service for CenterPlace Propasal to support larger conferences and videoltelephone conferencing Mike here's a brief overview: o Originally Time Warner wanted $30,000 to install the fiber, and then $1,355 per month for 10 MB fiber internet connectifln; they are now offering no install cost, $886.00 per month for 6 MB connection. o Currently we are paying Oneeighty networks at total of $425.00 per month for intemet service; $125.00 for the Private T1 Line and $300.00 for the intemet service at 1.5 MB o We are also paying 180.00 x2 for a total of $360.00 for hrro T1's between City Hall and CenterPlace: ■ 1 for phone transport ■ 1 for data transport o The costs of the two T1's for transport will be eliminated once we finish the fiber install (before the end of the year)_ Our re-occurring cost will then be $100.00 per month (Fiber agreement with Columbia, S20/mile) for a savings of $260.00 / month. o Sfl the differencE we are talking about it is: ■ Currently, 1.5 MB internet service and 3 71's = $785.00/ month ■ Proposed, 6 MB of internet service and fiber =$986.00 / month ~ After all is said and done, net increase cost of $201 to go 4 times as fast which will allow us to start working an videolteleconferencing. 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 2, 2007 City Manager Sign-off: Item: Check all that apply: ❑ Consent ❑ Old business ❑ New business ❑ Public Hearfng [E Information (D Admin. R@portL-1 Pending Legislation AGENDA ITEM TITLE: Request for Qualifications (RFQ): City Center Consulting Services GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Council approved a contract for consufting services to develop a subarea plan for the Sprague/Appleway corridor, including designating and planning a city center. Preliminary recommendations concerning.a proposed location for the city center was presented to Council at a joint Planning CommissionlCity Council meeting on September 14, 2006. BACKGROUND: On September 14, 2006, at a Joint Planning Commission/City Council meeting, the City's lead consultant for the Sprague/Appleway Corridor Revitalization Plan presented to council three options to pursue the development of a city center: 1. Master plan the preferred site, adopt zoning regulations that would allow a city center to be constructed, then wait for the market to build it. ~ `2. Master plan and zone the preferred site and then "stimulate" developer interest by constructing civic buildings andlor other capital improvements such as streets, sidewalks and parks. 3. Master plan and zone the preferred site, secure property by purchase or option, market the city center plan to developers through a competitive Request for Proposals (RFP) process and then resell property to selected developer. Option 1 provides the least financial risk to the City, but will likely take a significant amount of time for a city center to develop, if it happens at all. Option 2 requires a significant financial investment from the City for capital improvements, and therefore poses a greater financial risk, but the chances of getting a city center constructed are better than Option 1. Option 3 gives the City control over the project and potentially is the fastest way to get a city center constructed. However, it is the riskiest option because it requires the City to play a much more active development role. City Council expressed interested in exploring Option 3. Mlichael Freedman suggested that the City would be best served by hiring a consuftant to assist in contacting and negotiating with property owners in the area preliminarily designated as city center "Phase 1". To keep the city center project moving forward, staff has prepared the attached draft RFQ for Council's review. OPTIONS: 1) Move forward with the RFQ as proposed or amended; or 2) Provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Provide input to staff. BUDGETIFINANCIAL IMPACTS: The cost of the consultant is preliminarily estimated at $50,000. Funding for the Sprague-Appleway Revitalization Plan is included in the 2007 budget, but did not include the cost of these proposed consulting senrices. If Council approves moving forward with this proposal, the cost would be incorporated into the City's spring 2007 budget amendment. - . " STAFF CONTACT: Scott Kuhta, Senior Planner Nina Regor, Deputy City Manager Attachments: Proposed RFQ - ' ~ ~cnn~~Zne p . Valle y . CiTY OF SPOKANE VA.I.aLEY Community Development Department REQUFST FOR QUALIFTCAT'IOVS (RTQ) City Centcr Property Negotiations, Acquisition and Dcvelopment ! SUBiN'll'I'TAL DFAnirINE February 2, 2007 SI713M1'I' Oripinal Flus four (4) duplicate cnnics nFLTVER TO: City of Spokane VaIley Comrnunity Development Department ATTN: Sc:ott Kuhta, Senior Pltuiner 11707 E. SFarague Avenue, Suite 106 Spokane Valley, Washington 99206-5444 'fABT.:E OF CON'l"EN'I'S SECTION DESCR.TPTiOri PAC'~ . i IZEtZUEST F'OR QUALIFICATiONS ........................................................................:................................:......................1 IN 1 KOllUC'1']ON .............................................•.---.............................................................................................................1 PROJEC1' DESCRIPTiQN ...................•--...................................................................ERROR! BOOKMARK NOT DeF[NED. E'ROJEC'I SCl-IEDULE .........................................---.........................................:.................................................................1 PROJECT ESTIMA`l'F . ................................................................................................................•-•--..............._...---.............1 SCOPG OP SGRVTCFS .......................................................................................................................................................1 PERFORVfANCF OF SPRVICES I CONSiJT..TANT Sri F.,CT[ON SCHEL7UL.E I SELECTION PROCFSS .......................................................................................................................--•.----.......................1 liYI'ERV1EWS I A-TaUENllA 2 CONFITa RNTIALI'I'Y . 2 GENrRAI.. CONTal'[ [UNS ..................................................................................................................................................2 Il\'SURANCE ..........................................................................................................................................•--..............----........2 F Vt1.LUA 1"ION COMMITTEE 2 SURViITTAL 2 FORMAT nNU BW171NG ..................................................................................................................................................3 PACKAGING ......................................................................................................................................................................3 DEI..NrRY .........................................................................................................................................................................3 FEDERAL Ero, t1T.)A, CN17. R.IGH 1S REQUIItEV]ENTS - ATT'ACHMENT A - PART 1 ATTACWMENT A- YA.l2T 2 S A7"TACL~MFN'C B-EVALUATIUN CRITERiA AND WE iGWTS ...............................................................................G ATTACI•IMENT C- MANDATORY TERM5 AIYD CONUITiQNS ..............................................................................7 ATTACHMENT D - IVSURANCE 12CQUfREA1FNTS ...................................................................................................9 -Ii- _ REQUEST FOR QUALIFICATInNS ~ -,.':ITRQDUC"1'ION: Thc Cily of Spol:ane Valley is currently developing a revitaliration plan foe 8ie $praguc/Appleway corridor. A key part of the plan is to desioate and develop anew City Center alonp the corridor. A preferred site has becn selected and the City is initiatinn ciiscussions with current property ownecs cancerning future development plans. The City of Spokarie Val ley seeks assistance from a CONSiJI..TANT with extensive real estate negotiation and development experience in both public ancl private sector realms. '1''he CON$I1T.,TAN 1° must have extensive experience in negotiatinb and executing complicated real estaCe purch~~se, options, developmenC and financing agreemenls, specifically relating to mixecl-useJtown center developments. The CONSULTANT will also have eatensive knowleclge of retail, office and residenti3l miirkets, including national trends in rcal estate developmcnt anci retail consumerisrn. PROJECT SCHf'DiJf F: Work under this contract shall begin on or about March 19, 2007 and is airticipated to be completed by Decembcr 31, 2007. PROJFCT ASTIMATE: The ankicipated cost range for tliis work is $20,000 lo $50,000. SCOPF OF S13.R.V1CES: The selected CONSULTAN`I` will serve as the City's key strategic advisor in all City Center negotiations ancl deal structuring. The COiJSU(.TAN`l' will review the Ciry's plans ii.ncl progress towards developing a City Center in the vic:inity of Univeesity Avenue at SpragtiE iind Appleway. The CONSUT.,TAN1 will lead discussinns and cissist in negotiations with key property owners witfiin the prcferred City Center locatioii. 'Ihe CONSiJLTAN"l' will negotiatc terms of a development agreement betwesn the City and property owners andlor developers to construct the City Center. ~~iRrORMANCF ON SEKVICES: The City i.ntencls lhat the firm awarded a contract will perform the work.commencing upon the noticc to proceed and terminate upon project eompletion unless termiiiatcd sooner with written notificarion by the City. The designation oFa frm as "most highly qualified" by the City is not intended to be nor will it be a guitrintee that all professional services required by the City, appropriate to a firm of its type, will be exclusively pcrformeci by [hat firm. '1`he City retains the right to iiN'ilPd work, on this or any other projec;t; fo other firms. CON'S[TLTAN`I' SH LECT10N SCHEDIJLr: (ThE follawinty dates are based unan inilial nlarinint- and should be considered tentutivc). 1. Evali.iate applications the week ofi Fehruary S, 2007. 2. Interview finalists (if cotiducted) the week af N"ebruary 26, 2007. 3. 17esignation of the most hibttly qualified firm week ofi March 5, 2007. SELrCTTQN .PROCESS: A recommendation comtnittee will rank all proper submittals based on the evaluation criteria set forth in Yhis packet. From [hese rankings either a recommenclation far the most highly qualified firrn will be made or a short list oC leading citndidates will be developGCi for the purpose of interviews. Spakane Valley reserves the righf lo select the most highly qualified firm based solely on the written response to the evaluation criteria. Intcrviews are not a mandatory nart ofthis proeess. Spnkane Valley will bc the sole judge in the determination of the most highly qualified firm. I.NTERVIEWS: lnterviews will be held at the sole option of the City. lf interviews are conducted firms should plan to have key persannel on their intcrview feams who will be assigned to the work on the proposed project. Short listed fi.mis may be -(ed to provide supplemental or additional infonnation for review by the committee prior to the interviews. ~ ~ ~The City reserves the right to utiliz.e new or revised evaluatinn criteria and weights to be used in evaluation of the firms January 15, 2007 City Center Pmperty Negotiations Page 1 of l 1 being interviewed. lf changes are made to the criteria nr weighCS they will be reduced to writing and be sent to the interview candidates prior to the conduct of tlle interviews. Committee members will use the applicable evaluaYion criteria itnd weighls-fo evaluale intervicw infonnation. Previous clients may be contacted as p~rt of the evaluation proc;ess. The recomrnenclatiori committce will rank the firms interviewed and prescnt thcir recommentlaYion to the City Cotincil for selection of the rnost highly qualified firni. ADDENIDA: All official clarifiications or interpretations of the documents will be by written addenda issued by Spokane Valley. Clarifications or answers to questions given by Spokane Valley during the submittal process will be eonsicler-f;d informal and unoff"icial. "I`he City is not responsible for oral interpretacions. Notification of any apparent discrepancies, ornissions, or doubt as to meaning faunci in this doeument should be submitted in wriling to the person desia ated to receivc administrative yueseions. Acknowleclge receipt oCaddenda in Attachment A, Part 1D. N'iiilure to provide ac:knowledgnent may resull in tfie subrnittal bcino rejectcd as not responsive. COvFIDENTIALITY: Pir►ns re,spqnding tc> this Request For Qualifieations (RFQ) are hereby put on notice that Spokane Valley wilf regard submittals as public records which will ue available for public inspection and/or copying; subiect to the public disclosure recjuirements of ItCW C:haoter 42.17, after selection of a rirm is made regardless of any marki.ngs or notices contained in tlie submitfal ciocuments. Therefore, iFthese lenns are nat acceptable, a Firm shauld not responcl to t-his RFQ. GENERAL CC7NDITIOA[S:1fiis RFQ does not comrnit Spokane Valley to award a contract or tn pay any costs incurred in preparing a submittal or to procure or contract for services or supplies. Spokane Valley reserves the right not to select any frm(s) for the servicE;s based on this RFQ, to accept or reject any or all submittals, or to cancel, at its discredon, this RF(7 . at any time. Declaring a fiem as the most highly quali.feci to perforrn the work of this 1tFQ is not intencleci nor wil) it in any way be construed or considered to be a cantract or an exclusive guarantee to furnish professional services associated with this projecC or itny ottter work suitable to a tirm of its type. After deelaratiotl of the most highly yualified firm a statement of work ancl pric;e for serviees will be negotialed beeween the City and the firtn. If an agR-eemenf caruiot be reached wieh the selected firm negntiations will be ferminated anci the ne:ct most qualified firni will be contacted for contract raegotiations. No work will be undertaken without a rnutually agreed upon statement of work, fee, and contract signed by Hie parties. • Ariy contract awarded will be nonexclusive and if it be in the City's besl interetit it may anvard work ta other firms. Any contracts resulting from this RFQ will be benveen the City arid the provider of services and rnay be canceled upon writtcn nolifcalion by the City. i.NSiJRANCr: The CONSiILTAi,I'1' will be requirccf to carry, for the duration of aciy contract resulting frotn chis RFQ, the insurance types arid amounts as set forlh in Altachment D- Insurance Requirements. FVA1 L1ATiON COMNLMfEE: Typically evaluaYion committees try to review all presentdtions ai one sitting in order to facilitate conlinuity, which helps improve the ccrosistency of the individual scorin?. Due to die number of firms diat usually respond and a limited ainount nf time available for review it is strongly recomrliended Ihat the response be concise and (o the t)oint. Tlie response should be stnictured in order ta make it easy for the commiltee to evaluate the firm's professinnal capabilities and experience. SLTT3MT.TCAT..: TFie submittal response consists of the following items whieh should be submitted in the following order: January 15, 2007 City Center T'roperty Negotiations Page 2 of 1 I _ Item 1: Cover letter (optional but not requieed). Item 2: Attachment A- ParC 1, General inforrnation Sheet and receipt of acldencla acknowledgment. To faeilitate itientification of the subcnissinn please use this sheet, or reproduction, ds the second sheet behind the eever sheedcover letter nn the inside of all document eopies. ' Item 3: Attachment A- Part 2, Administrative Infqnnaiion. Ilem 4: Attachment E3 - Response to the evaluation criteria in Attachment B. Use Attachment R as thc presentarion outline. Respond to all iterns. The short statements following each item are offereci as starting points only. Respondents tire to add adclitional information reyuired to more f'ully clevelop their responses so that the response makes sense for tfiis nroject. Tnde.c your responses to each item if you do not use the format of Attachment R as your outline. Answer each item fiilly, completely and concisely. Subrnissions will become part of the ofFicial records for this request fnr professional qualifications anci eannot be retunied. T'QR.v1AT ANL7 BINDING: Subrnittals shall be limited to 30 double-sicied sheets (8'/Z" x 11 cxcludirig covers and dividers. Personnel resumes should bc no longer than one page. Type size for lext should be at least 10-points. Iaata submitted should be bound in a single volurne. Uepending on thickness a staple in tMe upper left corner or plastic spiral, 19- ring binding is preferrcd. P(ease do not submit mtiterials bound in a three-ring type bindcr. The cover should be of a suitable weight na{Ter to protect the data. Bulk must be kept to an absolute minimurn. Anv material submitted for consideration must be incorporated in each resaonse conv. A sinLyle set of material will not be reviewed. PACKAGING: Submissions shall be sealed in an opaque envclopc or paclcitge whieh hits been clearly marked in the upper Jt comer wit:h the firni's name and address. !n the center of the envelope or package write out "RECZUEST rOR ` ~JAi,,TFfCA'L'(ONS 405-002", followeci by the submittal date of"?????????", and title words "City Center Peoperty Negqtiations." DELIVFRY: Submittals must be receivcd on khe day, date, time fuid Iocation stinulatcct on the cover sheet. Submittals delivered late rnay be rejec;ted as non-responsive and be returned unopened. FFnrRALEEO, AllA, CIVf[ RIGFiTS fZ.E0UIREMENTS The City of Spokane Valley in accordance wiCh Tiele VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of F'ederal Regulatipns, Dep~irtrnent of Transportatipn, subtitle A, Oice of the Secretary, Part 21, nandiscrimination in federally assisted prqgrams ofthe I7epartment of Transporlation issued pursulnt to such Act, hereby notifies all interesfed parties that it will affirmatively insure that in any contract encered inlo pursuant to this advertisement, disadvanta.ged business enterprises will be affordecl full npportunity to submit qualifications in response to fhis invitacion and will not bc discriminated against on the grouncls of race, color or national arigin in consideration for an award. The City of Spokane Valley encourages disadvantaged, rninorit:y, ancl women-owmed CONSLTLTANT firetls to respond. Fersons with disabilities may request this inform3tion be prepared and sunplied in alternate forms by ealling the City of Spokanc Valley City Hall at (509) 921-1000. January 15, 2007 City Center Property Negotiations ['age 3 of 11 ATTACHMENT A - YART l GEIVERAL INFOIZMATION A. Legal Niune of Applicant Compariy B. Narne of Contact Person Title Telephone Number including area code C. Did outside indivicluals/agencies assist with preparation oFlhis program? _ YFS _ Np IF "Yes", please describe: D. tLECEIPT Oh ADUENISA: h iRn acknowledges receipt of the following adciencia if ariy: Addendum No. Addendum No. Addendurn No. Addendum No. Datcd . Taated Pated Dated I certify that to the best of my knowledge the information contained in this RFQ for qualifications is acc;urite and complete and that 1 have the leg3l authority to commit this agency to a contractual agreemenk l reili•r..e the 6nal funding for any service is b.mci upon funding levels and ttie approv<il of the Spok.ine Valley City Council. Print Nanie Title Signature, Administrator, or Applicant Agency Date January 15, 2007 City Center Praperty Negotiations Page 4 oF 11 ATTACHME NT A - PAitT 2 QDMINIST`RATIVr 1NFOltMATIOIV ' A. F11ZlVi: 1. Nanle of finn: 2. Business address including zip code: 3. Telephone number including area code: 4. T'ax number including area code: 5. Federal Tar IclenCification idumber: 6. Washington SuiYe UBI Number if issucci: 7. State Industrial Account identificaYion Number if issued: ' 8. Following is a listing of all engagcments 1he company has undertaken in the last five years that have resulted in: (a) Arbitratiori or litigatinn and the dispositiun of the cases. (b) Claims being .fileci by the Nederal Government or the Washington State Departments of L& I, Employment Security or Revenue. (c) Liens or claims rec9rded wiEh the Spokane County Auditor by suppliers or subcontractors. List witti whom, fnr what, and amount B. 1NSURANCE COMPANY: 1. N"ame oi Insurance Comnaiiy 2. Nlame of Insurance Agent: 3. Address including zip code: . 4. 7'elephone number inclucling area code: January 15, 2007 City Center Praperty NegotiaNons . Page 5 ot 11 ATTACHMENT B- EVALUAI ION CRiTERIA AND WEIG}3TS Tt is strongly recommended that this be used as the oulliiie for your response. Criteria Description Evaluation Weigfit 1. YKO~rEC'1 TFAAT FXFTRiENCE & QUALLN`'1CAIIONS .......................................................................................2U a. Summarize the relevant experienec arid qualifications of jrour Project Manager, Project T'ngineer, Lead 17esigmer and other l:ey personnel. I7iscuss the ways in wfiich the experience and qualifications of the,se individuals woulct benefit the City on this projecl. b. lliscuss the capabililies/benefits of any specialty staffand/or subcnnsultants that you havc included on }rou.r [etun for lhis projecl. c. Adclress the home officc and availability of the team members and the support staff tliroughout the anticipated projcct ti.mc frame. 2. FiRM'S F..XXI"ERIENCE WITH SI1'LILAR YltUJEC'1'S ............................................................................................30 a. Provide informalion regarding the track recard of the firm in negoYiating complex real eslate and development aprccments on behalf ofi goveniment agencies. b. Provide references (with contact names ancl telephone numbers) for similar projects cornpletzcl within the last three years. c. Frovide descriptinns of two similtir projects undertal:en recently by the firm; discuss the size and complcxity of the projects, the special issues, and the challenpcs that were addressed. d. Address the firm's success in r.onforming to the schedules and budgets for the projects. 3. PRO.TECT Ul\DCRSTANllLNG Rc AYYkZOACH .......................................................................................................2•.- a. Describe the .firrn's capacity tq recognize "project specific" issues and develop creative solutions to address them. . b. Provide ri<<o examples of challenges a.nd resulting solutions from previous pro'jects. c. Describe the ways in Nvhich the firm will apply knowledge gained from past projects to speciGe issues on this projECl_ d. Taescrihe the firrn's farniliarity with relevant envi.ronmental cod -r,s and st;andarcls. 4. PRO.TFCT MANAGEMENT & SCI3E DULE .............................................................................................................20 a. Describe the involvettient and the duties of the prnject manager in detail, witli a clear description of the ways in which prQductivity will be manitored, iuid the project will be kept on budget and on schedule. b. Discuss the quality contrul rneasures that will be put in place, and describe the stages uf docurTaent review and the tearn mcrnbers that will he involved and their responsibilities. c. Provide a schedule for the proje,t:t, identifying key milestones and cYhibiting knowledge of the various acCivities involved uncier the major tasks. 5. ORGANIZATION AND CLAl21TY UF ltFQ SCJ731'IITTAL ......................................................................................5 `I'he organization of the RFQ submittal and the manner in which inforniation is presented in the submittal is an indication of the tirm's ability to assemble clear ancl concise documents. TUTAL YOSSIBLE POIN7'S 100 I January 15, 2007 City Center Property iNegotiations Page 6 of 11 ATTACHNiEN'C' C-iMA"ATORY TERMS AND CONDITIONS he City wil) prepare contracts based upon a scope of work Fuid fee as negotiated and approved by die COTr'SULTANT and the City. The fbllowing are minimum conditiotts ttt3t shall be inc:orporated in contracts resulting from Ihis KFC2. Firms considering responding to this RFQ are well aclvised ta take these paragraphs irito consideral.ion when ma}cing their decision whether to submit a response or not. Should the City and CONSUL'1'ANT fail in their riegotiations Ihe City reserves the right to end negotiations, at a timc of its choosing, and begin negotiations with the next "most highly qualifed frm. Nailure to negotiate a scope of woric and fee wi.ll nol terminate the s"eligibility" st<ilus. OWiNERSHIY OF DOCUMENTS: All dr3wings, plans, specifications and pther deliverable documents under this agreernent will become the pmparty ofthe City wittiout restrietion, reservarion or qualification. Any reuse widlout written verification or acl<<ptation Uy CONSUI.,TANT for the specific purpose intended, will be at the City's sole risk and without liability or le;al caposure to CONSi.JLTANT arising out of ur resultYng therefore. Any such verification or adaptation will entitle CONSUT.TANr'I' tn htrther compensation at rates to bc agreecl upon by the City and CONSUL'I'AN1". INSUR.ANCE: '1"he CONSULTANT shall continue coverage rneeting thc requiremenfs of this RFQ for lhe duration of the contract. VI?NUE S"l IPULATION: This Agreeiiient has and shall bc construecl as having been made and delivered in the Statc of VVashington anc1 the laws of the State of Washington shall be applicable to its const.ruc[ion and enforecment of this Agreement or any provision hereto shall be instituted onty in the courts of cornpetent jurisdiction withiri Spokane County, Wa.shington. i INI7EIVINIFICATfON: Tlie CONSUT.TANT agrees to clefend, indemnify and hold the City harmless from any and iill CIaIIIIS, including but npt limited to reasonablc attorney fces, demands, losses and liabilities to or by third parties arising Crom, resultinS from, an ermr, omissiAn or negligcnt act of the CONSULI'AN 1 perfnrmed under this contract by the CONS[JT.,TA.N't', its agents or employaes to the futlest eatent permitted by law. The COhTSUI:; l'AN'Is duly to inciemnify the City shall not apply to liabilify for clamages arising out of bodily injury to pers4ns or damage to pronerty cau5ed by or resulting from the sole negligenee of the City, its agents or ernployees. "I`he CONSULTAN'I"s duty to indemnify the City for li9bitity for damages arising out of bodily injury to persons or ciamage to property caused by or resulting from the concurrent negligence or (a) the City, its agents or employees, and (b) CONSiJ[.,TANT, its agents or employces shall apply only to the ea-tent of negligence of the CONSUL'1 ANTor its agents or employees. CONSULTANTs duty to defend, indemnify and hold the C'i .ty harmless shall inclucle, as to all claims, demands, losses and liability to wfiich it applies, the City's personnel-rclateci eosts, reasonable attorney's fees, court costs and all otlier claim-relatcd expenses. The CONSiII..TATVTs indernnification sliall specifically include al( t;laims fnr loss liability because of wrongful paymcnls under the Uniform Commercial Code, or other statutory or contractual liens or rights or thirci parlies, including taxes, accrued or accruing as a result of this contract or work perfornied or materials furnished directly or iridirectly because of this contract. CONSULTAN 1 further agrees thdt this duty tn indemnify City applies regardless of any provisions in RCW Title 51 to thc contrary, including but not limited to any immunity of CONSULTANT for liability for injuries to CONSULTAN1"s workers and employees, aiid CONSULTANT hereby waivcs aiiy such immunity for the purpose of this cluty to indemnify City. RE1.,ATIONSHIl' OF THF,1'A1'tTIES: '1'he parties intend that an independent contractor relationship will be !`ateri by fhis Agreement. The C'rty is intere,sted only in the results that could be achievcd and the conduct and control of ~\_,__,~services will be solely wit}i the CONSi.JT..TANT. No agent, employee, servant• or othenvise of the CONSULrAN 1 shall be deemed to bc aii cmployee, agent, servant, or othenvise of fhe Cily for any purpose and the employees of the January 15, 2007 City Ccnter Propcrty Negotiations Page 7 of 11 CONSULTANT are not entitled to any of the benefts lhat the City provides for City employces. Tlie CONSUL't'ANT will be solcly and entirefy responsible for its acts and the acts of it-, agents, employees, servants, subcoiitractors or othenvise, ~cluring the pertormailce of this Agreement, OTHEIZ EMPLUYNCEN`C: Conlracts resulting from this RFQ a.rE: not exclusive services Agreements. The C6NSUL°17ANr'I' may take on other professional assignments while eornpleting work under this RFQ. PAYMEVT OF TAXES: 'I'his Contract is for the emplayment of the CONSULTA~'~TT as an independent contractor. "Che CONSUL"1"AN'I' holds that they are an independent contractdr doing busuicss as listed above and is solely responsible for payinb iiny and all ta.Yes assaeiated with t}ie work ofthis Agreement inc:lucling but not necessarily limited to income and social security taxes. ` January 15, 2007 City Center Property Negotiations Page 8 of 1 I Q0 A'"TACHVfFN°' ll- INSiJRANCF; REQUIREMENTS ~IT)RMN1FICATIOiJ / HOLD f-IARMT..ESS: CC7NSUI..TAN'[ shall defend, indemnify and hold the City, its officers, officials, ernployees and volunteers harmless from any and all clauns, injuries, damages, losses or suits including attorney fees, arisirig ouC oFor resulting from the acts, errors or omissions of the CONSULTANT in perf'onnaricc of this Agreement, except for injuries and damages causEscl by the sole riegligence of the City. TNSUFtANICIE: The CONSUL7'ANT shall procure and maintain for the ciuration of the Agreement, insurance against clairiis for injuries to persons or damage to properiy evhich may aeise from or in connection Nvith the performanee of the work hereunder by the CONSUT.,TAN"1', its agents, rcpreseniatives, or employees. Mi.nimum Scope of Insurance: CONSULTAN'1' shall obtain insurance of lhe types described belocv: 1. Automohile Liabilitv insurance covering all owned, non-owned, hirecl anci letised vehicles. Coverage stiall be writtcti on lnsur►nce Serviccs Office (1S0) fnrni CA 00 01 or a substifute rorm providing cquivalent liability coverage. If necessary, the policy shall be endorsed to provide coritractual liability covcrage. 2. Commercial Genera( Liabilitv insurance sha_II be written on lS0 occurrence form CG 00 01 and shall cover liability arising frorn premises, operations, indepe;rident cbntractors and personal injury and advertising injury. `1"he City shall be narnetl as an insured under the CONSUI..TANT's Commercial General Liability insurance policy with respect to khe woric performecl Cor the City. 3. Workers' Comoensatinn coverage as rcquirecl by ehe lndustrial Insurance IawS of thc SL3te of Washington. 4. Professional Liabilitv insurance appropriate tn the CONSUI..TANT's profi;ssion. i Miriimum Amounts af Insurance: CONSULTANT shall maintain the following insurance limits: 1. AuEnmobile Liabilitv insurance with a minimum combined single IimiC Cor bodily i.njury aiid proncrty damagc of $ 1,000,000 per accident. • 2. Commercial General Liabilitv insurance shall be «Titten with lirnits no Icss thiin $1,000,000 each occurrenec, $2,000,000 general aggregatc. 3. Profe.ssional Liahilitv insurance shall be Nvritten with limits no less than $1,000,000 per claim ancl $1,000,000 policy aggregaie IimiL OTHER TNSIIFtnNCF .PROVISIONS: 'I'he intiuraaice policies are to contsin, or bc endorsed to contain, the following provisions for Automobilc [..iability, Professional Liahility and Commercial General Lisbility insurancc: 1. 'I"he COAISUT.,TANT's insurance covemge shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance paol coverage maintained by the City shall be cxcess of the CONSULTANT's insuranee and shall not contribute widi il. 2. The CONSULTAN7''s insurance shall be endorsed to state that coverage shall not be cancelled by either parly, except after thiriy (30) days prior writien notice by certificd rnail, rehirn receipt requested, has been given to the City. ACCEPTAQII.TTY OF IINSUIZERS: Insurance is to be placed with insurecs with a current A.M. Bcsl rating nf not less ~n A:VII. January 15, 2007 Cily Cenler Property Negotiations Fage 9 of 11 VMF1CATION Qr COVERAGE: CONSULTANT shal) furnish the City with original certificatFS tmcJ a copy of the amcndatory endorsements, including but not necesswily limited to the additional insured endorsement, evidencing the insurance eequirements of the CUNSUL`I'AN I' before t;ommencement of the work. January 15, 2007 City Center Propcrty \Tegotiations Page 10 of 1 I - CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 2, 2007 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business El nevr business a public hearing ❑ information ~5C] admin. report ❑ pending legislation AGENDA ITEM TITLE: SWOT Analysis (Strengths, Weaknesses, Opportunities, Threats) GOVERNING LEGISLATION: N/A . PREVIOUS COUNCIL ACTION TAKEN: NJA . , BACKGROUND: In November 2003, the City Council and Planning Commission conducted a SWOT Analysis. It formed the basis for the Community Vision drafted as part of the comprehensive planning process. The City is developing its first six-year Business Plan, based upon a SWOT Analysis and adopted Council goals. There have been significant changes over the past three years, such that the original SWOT Analysis may be outdated. , The purpose of this agenda item is to conduct a new SWOT Analysis. The resufts of the 2003 SWOT Analysis are attached as reference. OPTIONS: N/A RECOMMENDED ACTION OR MOTION: N/A BUDGETlFINANCIAL IMPACTS: N/A STAFF CONTACT: Nina Regor, Deputy City Manager ATTACHMENTS 1. Summary of 2003 SWOT Analysis ~ Summary of 2003 SWOT Analysis Strengths . • Good 'ulfrastructtm, (roads/freeways; utilities): 10 votes • Fconomic opportunity/diversity; developable land: 8 votes • Well located geogr.aphically witli traaisport links - short travel timcs regionally: 7 votes • Great people - citizcns involved, willing to take risks: 5 votes Weaknesses • Lack econom.ic developinent plan: 9 votes • Lack af identity: 9 votes •Economy - lack of living wage jnbs; no export uidustr.ies: 7 votcs • Drive-only com.munity; inacccssible (poor) public transportation: 5votes Opporttutities , v ~ Identity creaticm: 9 votes • Vacant land available fc)r comcncrcial, retail anci industrial development - ctirrcnt and anncxation: 8 votes • Capitalize on cnmmunity involvement; leading thc conuilunit}; harness community volunteers: 5 votes Tltreat.s " • State govcriunerit - anti-busincss ptulosophy; rules uncompetitive with neighboring states; ]egislature: 14 votes • 1'ollution of.'aquifer: 8 votes • Total maximulii claily load (l'MML) = no new devclopment: 6 votes • Crune - ineth; gangs aiid drua abuse: 5votcs • Inability Co ciream; brain drdin; absence of competitive icieas: 5 votes SWQT Anaivsis `['hemcs • flttractivc to business/business friendly/ecanomic development o Well Incatcd gcograpliically o Cood 'uifrastructure o Good developablc land for conimercial; retail, industzi.al o Economic opportunity/diversity • Our citizens and community o Involvcd, lArilling to take risks; volunteerism o Commuiuty leaciers o Wel.l developcd cotYUnuiuty identity • Ittnovation o Abi_lity to dream o CompEtitive ideas CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 2, 2007. Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information [D admin. report ❑ pending legisiation AGENDA ITEM TITLE: SVMC (Uniform Development Code) Titles 17 General Provisions, Title 18: Boards & Authorities & Title 20 Subdivisions GOVERNING LEGISLATION: RCW 36.70, WAC 365-195-800 et seq. RCW 90.58 PREVIOUS COUNCIUCOMMISSION ACTION TAKEN: The 2006-2026 Comprehensive Plan was adopted on April 25, 2006 and effective on May 10, 2006. Council received information concerning the proposed process on July 11, 2006. The Planning Commission conducted a public hearings on all three Titles on September 28, 2006, and recommended approval. City Council vuas briefed on these provisions on October 10, 2006, and December 12, 2006. - BACKGROUND: The City has one year to adopt regulations implementing the Comprehensive Plan. These regulations will be incorporated into the Spokane Valley Uniform Development Code, including a wide range of regulations, some of which the City Council has seen in the past. These regulations are subject to the same requirements for early, continuous and collaborative public participation as the Comprehensive Plan. Title 17 -General Provisions. - This Title includes generally applicable rules of construction and interpretation. An extremely important part of this section are those rules affecting the application procedures for various types of permit. The four different types of application relate to the manner in which they are processed: Type I application are approved administratively and include actions such as boundary line adjustments and temporary use permits; Type II permits include short subdivisions and binding sites plans, which are also approved administratively; Type III permits include site-specific zoning which require a public hearing before the Hearing Examiner, while Type IV permits include those which require the approval of the City Council. This section relates to process and - the requirements for notice and hearing. Provision is made for appeals of the decisions of both administrative determinations, the Hearing Examiner and the City Council. Finally, this Title includes provisions for compliance and enforcement which have been "tweaked* but remain fundamentally unchanged. Title 18 - Administration. . This Title includes primarily the duties and responsibilities of the Planning Commission, the Hearing Exarniner, the Community Development and Public Works Directors, and the Building Official. It does not include the Rules of Procedure adopted by either the Planning Commission or the Hearing Examiner. Administrative Report SVMC Titles 17,18 & 20 . Page 2 of 2 Title 20 - Subdivision ReQUlations. Subdivision regulations generally cover the division of land into two or more lots, tracts or parcels, excepting burial plots, divisions created by testamentary provisions, acquisition for public purposes, and divisions required for wireless communications or electric utilities. Divisions of land includes "short" subdivisions of up to nine lots, which are approved administratively, subdivisions of more than nine lots, which require a public hearing before the Hearing Examiner and binding site plans which apply to commerciaVindustrial development, which are approved administratively. The two-step subdivision process includes preliminary and final approvals. All final subdivision plats and binding site plans are approved administratively. Subdivisions and binding site plans are survey docurnents only. The process of subdivision triggers other requirements, including review for concurrency and drainage and construction plans, which are identified in this Title. Both subdivisions and binding site plans must be recorded prior to the sale of property. The review process is detailed as a Type II or Type III permit in the draft of Title 17. Title 20 includes requirements for submittal and approval criteria, as well as provisions for extension of approvals beyond the statutory five year period. Plat alterations, modifications, vacation and boundary line adjustments are also included in this title. Washington statutes are fairly prescriptive concerning the requirements and process for the subdivision of land. Provisions which are a matter of local policy are included in Chapter 20.10.080 General Design. These provisions include lot arrangement and orientation, lot and block dimensions. Correction: On pages 4 and 5, reference'to road standards included as bullet 10. rather than d. relating to block dimensions. These Titles were submitted to the Community Trade & Economic Development Department (CTED) on July 21, 2006, and October 5, 2006 not less than sixty days prior to final adoption by the City Council. A motion to approve Titles 17, 18 and 20 will allow permit actual adoption of all development regulations in a single ordinance for Council approval in March 2007_ OPTIONS: Provide staff with direction, schedule for further discussion or take no action. RECOMMENDED ACTION OR MOTION: Council consensus to place this item on the January 9 agenda for motion consideration. BUDGETIFINANCIAL IMPACTS: None. STAFF CONTACT: Marina Sukup, Community Development Director. ATTACHMENTS: Draft Regulations Pre-AppJicatian Meeting SUBDIVISION TYPE III PROCESS (Requfred) RCW 58.17.070 Formal Application Applicant notifred s Complete ~ Application Fully Notice of • Submittal Counter - - ► to submld s ~ 28 days Complete Appliratian mailed E CompleFe Natification Packei ~ w ~ 90 day maximum I + RGW E.17.140 Incomplete . ' 1 Notlpe of Appliption sent to ; property owners within 300 t Applir.ani notified in feet & site pasked ~ writing of an incomplefe 4- acW35.70n.035 applfcatfan. I : ~ 14 day camment period i fifl days Maximum !ar re-submitta ~ F - Applicant Re-submfts I • Statf and Agencies review ~ Incomplete application, SEPA i + 14 cays checklist and associated ~ ~ studEes • ~ Review resubmittal I I ~ and deem complete. I 7 ; ♦ 7echnicsl Review I 14 day comment SEPA Decision ; PAeeling I & appeal deadfine ~(Post and Publish ~ i 1 Notlce oi Public Hearing seni to prapeRy ~ owners within 300 leet, legal notice'published 15 day-- 3l.r, ublic Hear9ngl in newspaper & site posted ~ Rctivs& 17_090 ; i to Superior Court 1 Kearing Examiner issves an: (Appeal RCV.'?8.70G '~'-z1 days appealable decision / V F1nal Plat Applicatlon ~S 5 Yea:' I All conditions of Preliminery ~ I Piat Approval met ~ Average 30 dsys ~ StHff and Agencies review s FINAL DECISION - apglicatlon ~ Applicant noEified of required fees. A4ylar submitted for signatures before recording with Spoksne Caunfy Auditors Offlcre. SHORT PLAT TYPE II PROCESS RCW 58.17 Pre-Applucation A4eeting (Required) 1 ; 30 day maximurn Formal Applicatian i Applicant notified I ; Camplele Application Fully Notice of ; Submittal Gounter - > tfl subm(t s Camplete 28 days Complete Notification PackQt Application mailed ; w I ♦ ; Incamplel,e Notfoe ofApplication sent ~ ~ to prnpeRy owners wi#hin Appfcanf notified in 300 feei & site pcsted writing of an incomplete t aCY`'=6.7°`0"°35 ; app[ication. I ~ 14 day comment perlod i 60 days Max[mum for re-submittal I : ; - Applicant Re-submfts Incomplete Sta(f and Agencies review ~ ; I 14 dey review apglication i ~ Reviaw resubmfttal I I and deem aomplete. I ~ I r (Appeal to Hearing Examine Jf-14 days--~ CD-.Pianning issues decisiari ~ I ♦ Final Plat ApplicaEion ~5 Year IAII conditions of Preliminary I Short Plat Appraval met Rlaximum 30 days RCVJ 59.17,140 i Staff and Agencies review I > FINAL DECISION - application ~ _ AEsplfcant notifeed af required fers. Mylar submitted far signatures I • before recordEng with Spokane County Auditors Office. I i ~ TYPE 111 PROCESS Pre-ApplicaUon Meeting (Subdivision, Planned Development, Site-specific (Required) Rezone) ♦ Formal Application Applicant notified No#ice of ~ Submittal Count,~r _Complete♦ Applic~tfon Ful~y ~ to submit - I Applicatlon ~ Complete 28 days Comalete Natification Packet ~ mailed ~ . I 90 day maxtmum: subdivesions ~ RcW 68,1i.140 Incomplete 120 Dsy hAaximum: zoning ~ v . Applicant notified in Notioe af ApplicaUon sent ; writing of an incamplete < fo prnperty owners within i appllcation. 300 feet & si.e posted RCW 35,70A 60 days Maximu i for re-su6mittal 14 day raml ent period i ~ Applicant Re-submits • Staff and Agenctps revfew ! Incomplete 14 cays appilcation, SEPA ~ chedclist and associated ~ ~ ~ I studies ; ~ Review resubmittal ` and deem oomplete. I I i ~ i i Technical Revipvr 14 day comment > SEPA psusian Meeting & apppal deadlins (Post and Puhfth ~ ~ i I ~ r i / \ ; Notice of Pubfic Hearing sent to property otivners wfihin 300 feet, legal natice publ'~shed } @ 15 dayc Public Hearfng in newspaper & si9e posted ~ j i 11CW51-17.090 ~ ~ ; \Hearing Examiner-issues an I ~ ~ ~lppeal ta City Council ~~-14 days ~r---•' apprelable decision ♦ Final PIaCAppfieatfon S Yesr I All c~o`nditions of=PreEiminary. :Plat.Apkaval:met . . . , . I ~ Maximum 30 days Rcws9,17.140 ~ i . ~ '19. ' . ' :StaK and'Agencies. rsvie~iv I Applies to~plats oniy • application' FlNAL DECISION - _ , . • . - notifed of req+uired fees. Mylar submitted for sfgnatures_ ; t ~ ~ ~ ~ before recording witti. Spokane:Counry Auditor's Office: TYPE III PROCESS Pre-Application Moe#ing Conditional Use Permit (Required) v 1 Fortnal Applicatlon Applicant no:ified Notice ot ! S~bmit#al Counter -CompleteApptication Fully -lo to submit Application Camplete 28 days Complete Notification Packet rrsaiEed i Inwmpiste 120 Day A4axfmum 1 v Notfce of Applicakion sent Applicanf notified in to property awners within wriUng of an incamplete I< applicetion. I 300 feet & site posted RCW 36JGA.035 60 days Maximu I for re-submittal I ~ ~ 14 day comment period - Applicant Re-submits Staff and Agencies review ; Incomptete application, SEPA ; I 14 c ays checklist and assotiated studies j Review resubmittal ~ ( and de.em camplete. ♦ ~ Technical Review I 14 day comment SEPA Deasion i Meeting ~ & appeal deadline (Post and Publish ~ i I I ♦ i Notice of PubUc HEaring sent to property ~ owners within 300 feet, legal notice pubCished 15 days ~Public Hearing~ i in nevrspaper & skQ posted ; I I ♦ i Appeal to Superior Court ~ ~ ~-54 day.I="Hearing Examiner issues an • RCW 36.70C I apqealable decision ~ Understanding Coordinate Zones Horizontal Datum Most published maps use some form of global coordinate sysfem bassd upon horizonfal datum to represent the curvature of the Earth's surtace on a flat plane. The tvro horizontal datums used almost exclusively in the United States are NAD27 (North American Oatum 1927) and NAD83 (North American Datum 1983). NAD27 NAD27 uses a spheroid to represent the shape of the earth. The origin of this datum is a point referred to as the Meades Ranch in Kansas, the geographic cenfer of the United States. NAD27 was survey-based, and as such, was subject to error. The Eerth's crust, and therefore the monuments in it, has shifted over the years leading to inaccuracies throughout the nefvroric. NAD27 uses feet as its unit of ineasurement. NAD83 NAD83 is an adjustment to NAD27 using GPS technology. 8ecause GPS is sateilite-based, it does not rely on monuments. GPS can mark any position on the Earth and it is highfy accurate. Atthough GPS is not 100% accurate, i4 does eliminate the possibility of many human errors inherenf in NAD27. The origin for NAD83 is the earth's center of mass, and in general, uses mefers as its unit of ineasurement. NAD 83 has been officially adopted as the legal horiaontal datum for the United States by the Federal govemment, and has been recognized as such in legislation in 44 of the 50 states. WGS84 (World Geodetic System 1984) WGS84 was an attempt to provlde a standardized datum to simplify vrorldvride navigation and georeferencing using GPS. Satellite measurements have led to the use of WGS84 as one of the best ellipsoids for the enfire earth, but to avoid its mathematical oomplexity, cartographers in the United States instead use NAD27 or iVAD83. Raw GPS data is repDrted in WGS84. UTM The Universal Transverse Mercator, or UTM, spatial coordinate sysEem has become a favorite ~ among GIS users. Its popularity can be atUibuted to ifs nearty worldvride coverage and ifs ease of use. tt is not as accurate as the State Plane Coordinate system, but for most uses its accuracy is still quite acceptable. The U.S. Army is frequently given credit for cre.ating the UTM system, but the hve histery is a lot more complex ihan tfiis brief statemsnt suggests. Basically, after the Second Warld War, all of the nations in NATO agreed that a standard spatial caordinate system was needed. As long as each nation"s military used their own spatial aoordfnate system, it would be impossible to precasely coordinate military movements between naGons. In its final form, the UTM system uses 60 zones, each f degrees of longitude wide. The zones are numbered, starting with 1 which runs frQm the 180° to the 174°W line of longitude, with numbers increasing as you move west. Collectively, these zones cover almost the entire planet, omifting only the Arctic Ocean in the north and central AnQarctica in the South. 120 120 114 109 142 96 90 84 78 72 66 - - ----11 _ A_` ~ ~ ' . 1 11 , 12 r 13 14 15 la 17 , 18 as 1 • ~ • ~ . State Plane Coordinate System ' The Sfate Plane Coordinate System (SPCS) is a Projscted Coordinate system administered by US - federal govemment and offiicialty each state can choose to adopt or ignore it. Currently all states use i4. SPGS often use US Survey feet for units of ineasurement (NAD27 datum), however if using NAD83 dafum they often use meters for their units. Properties of SPCS: • Each state can be split into several zones • Zones are small enough to ksep distortion within one in ten thousand feet •Each zone has a central meridian • Falss Easting of 2,000,aOU feet •Each zone has a base line • Zone boundaries follow state and county boundary lines • 8ase line always faps south of southem-mosf point in a zone A zone in SPCS can bs based on one of two projections: • Transverse Mercator • Used when the zone has a greater north-south than eas4-wsst extent, e.g.: Florida peninsula Lamberi Conformal Conic • Used when the zane has a greater east-vrest than north-south extent, e.g.: Tennessee and the Florida panhandle SPCS is often used by highway engineers and Iocat Planning commissions for smaller areas wifhin the states themselves. Vertical Datum PJAVD29 and NAVD88 Ths vertical datum associated ►vith NAD27 is NAVD29 (North American Vertical Datum 1929) and the vertical datum ass,ociated with NAD83 is NAVD88 (North American Vertical Datum 1988). 8oth sysfems use Mean Sea Level (NiSL) to establish eleva4ions and the maximum difiarence between the Mro datums is about 1.5 meters (14.92 feet). The GEOID Model As it fums out, sea level is a close approximation to anotfner surface, defined by gravity, called ths geoid, which is Ihe ttue zero surtace for measuring elevations. We cannot directly see or measure the geoid model; vre must infer where iYs at by making gravity measurements and by modeling it mathematically. Typically, GPS work uses the currenf Geoid to establish elevations. Planning Commission Recommended Draft Titie 17 Uniform Development Code ~ Title 17 GENERAL PROVISIONS 17.05 Authoritv 17.05.010 The City of Spokane Valley (hereafter referred to as "the City") adopts Spokane Valley Municipal Code (SVMC) Titles 17-25 as the City of Spokane Valley Uniform Development Code (UDC) pursuant to RCW 35A.11.020 and RCW 35A.14.140 and further in compliance arith RCW 36.70A (the Growth Management Act) and WAC Sections 365-195-600 through 365-195- 865. 17.10 Purnose 17.10.010 ~ . , These regulations have been established in accordance , with the Comprehensive Plan for the purpose of promoting ttie health, saiety, general welfare and protection of ttie environment of the City. Tiney have been designed to reduce traffic congestion; to reduce the threat of fire, panic and other dangers; to provide adequate light and air; to prevent the overcrovvding of land; to avoid undue concentration of population;._ io\facilitete the adequate `provision of transportation, water, setiverage, schools, parks and,other public requirements; ko safeguard community character; to encourage land uses in areas suitable for particular uses; to conserve the value of property; and to encourage the most appropriate u~se of land throughout the City. ~ 17.15 Application. Violation. and Penalty, 17.15.010 All development and use of land wittiin the corporate limits of the Ciry shall conform to all of the requirements of this'code, unless spscifically exempted herein or by the operation of lavr. All violations of this title~are hereby defiermined to be detrimental to the general public health, safety and weffare and are hereb"y declared public nuisances. Further, any person who willfully or knowingly causes, aids;or abets a violation pursuant to this article by any act af commission or omission is guilty of.a misdemeanor. Upon conviction, the person shall be punished by a fine not to ezceed $1,000 and/or incarceration for a term not to exceed 90 days. Each week (seven consscutive days) such violation, dontinues shall be considered a separate misdemeanor offense. 17.20 Rules of Construction 17.20.010 General All provisions, terms, phrases, and expressions contained in this code shall be construed to implement the intent and meaning of the City Council. 17.20.020 Specific 1. Computation of time. The time within vrhich an act is to be done shall be computed by excluding the first and including the last day. Although, if the defined period of time would expire on a Saturday, Sunday, or legal holiday, then the time period is extended until the end of the next day that is not a Saturday, Sunday, or legal holiday. In the computation of time the standard calendar shall be used. The following time-related words shall have the meanings ascribed below. Page 1 of 38 . 12l0612006 Planning Commission Recommended Draft 7itle 17 Uniform Development Code a. °Day" means a calendar day, unless working day is specified. ' b. "Week° means seven (7) calendar days. c. °Month" means a calendar month. d. 'Year' means a calendar year. 2. Coniunctions. Unless the context clearly indicates to the contrary, conjunctions shall be interpreted as follows: a. "And" indicates that all connected items, conditions, provisions or events shall apply. b. 'Or' indicates that one or more of the connected items, conditions, provisions or events shall apply. c. "Either or indicates that the connected /items, conditions, provisions, or events shall apply singularly but not in combination. 3. Qeleoakion of authoritv. Whenever a provision appears requiring the head of a department or some otiier officer or employee to do some act or perform some duty, it is to be construed to autharize the head of the department or other officer to designate, delegate, and authorize subordinates to perform .the required act or duty, unless the terms of the provision or section specify otherwise. 4. Non-#echnical and technical words. Words and phases shall be construed according to the common and approved usage of Ehe language, but technical words and phases and such others as may have acquired a peculiar_and appropriate meaning in lavr shall be construed and understood according to such"meaning: : 5. Number. A word indicating the singular number may extend and be applied to several persons and things. The use of the plural number shall be deemed to include any single person or thing, unless the context clearly indicates the contrary. 6. Public officials, badies and aaencies. All public officials, bodizs, and agencies to which reference is made are those of the City, unless othervvise indicated. . 7. Shall and mav. The wrord "shall° is always mandatory and not discretionary. The word "may" is permissPve: 8. Tense. Words used in the past or present tense include the future as well as the past or prese,nt; unless the context clearly indicates the contrary. 9. Text. In case of any difference of ineaning or implication between the text of this code and any illustration or figure, the text shall control. 17.25 Code Interqretation 17.25.010 Interpretation of Development Code Any person inay requzst a formal interpretation of a provision of the development cade, zoning map, aRerial road map, prior conditions of approval, or prior- administrative interpretations. 7he interpretation shall be made by the Community Development Director (hereafter referred to as `the Director"). The Community Development Department (hereafter referred to as "the DepartmenY') shall maintain a file of all written interpretations. Page 2 of 38 12106l2006 Planning Commission Recommended Draft Title 17 Uniform Development Code 17.25.020 Appeal of Administrative Interpretation This formal interpretation may be appealed pursuant to the provisions of chapter SVMC 17.50 of this code. 17.30 Consistencv with Comarehensive Plan 17.30.010 The regulations of this code are intended to implement the City's official Comprehensive Plan, and as such may be amended from time to time. A copy of the plan shall be kept in the office of the City Clerk, and it shall be available for public inspection during regular business hours or on the City's website. Applications for rezoning any land use action shall be cansistent with the Comprehensive Plan. 17.35 Severability ~ The sections, paragraphs, sentences, clauses, and phrases of this chapter are severable, and if any phrase, clause, sentence, paragraph, or,section of this chapter sFiall be declared unconstitutional, such unconstitutionality or invalidity shall not, affect any of the remaining phrases, clauses, sentences, paragraphs, or sectioris of this code. 17.40 Permit Processina Procedures 17.40.010 Purpose and Applicability ~ 1. Pumose. The purpose of this chapter is to establish standardized decision-making procedures for reviewing development and land use applications within the City. This chapter is intended to: a. Assure prompt review of development applications; b. Provide for necessary public review and comment on development applications; c. Minimize Gdverse impacts on surrounding land uses; d. Encourage flexibility and innovation in the design and layout af development proposals; and I ' e. Ensure consistency with the Comprehensive Plan and development regulations. 2. Apqlicabilitv_. This chapter applies to all development applications identified in SVMC. 17.40.020 Types of Development Applications 1. Land Use and development applications will be classified, as follows: a. Type 1 procedures apply to permits and decisions issued administratively. b. Type II pracedures apply to administrative actions that contain some ' discretionary criteria. c. Type III procedures apply to quasi-judicial permits and actions that contain discretionary approval criteria. ~ Page 3 of 38 12!(?61ZOU6 Planning Commission Recommended Draft Title 17 Uniform Development Code d. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy. e. Exempt applications defined below in SVMC 17.40.040. 17.40.030 Assignment of Development Application Classification 1. AssiQnment bv Table. Land use and development applications shall be classifed pursuant to the following table. Table 17.40-1 Type Land Use and Development Applicabon Cross Reference - SVMC Chapter Accessory Dwelling Units ~ 19.110 Administrative Determinations by community development 1725 director, public works director, or building ofFcial. ~ Administrative Exception 19.60 I I Administrative Interpretation 17.25.010 Boundary Line Adjustments and 'Eliminations 20.80 . . Home Profiession Permit 19.110 Shoreline Permit Exemption (dock permit). . ' 21.50 Site Plan Review 19.65 I Temporary Use,Permit ~ 19.800 Time Extensions for preliminary plat, short plat or binding 20.10.060 - site plan, Floodplain development ~ 21.30 Building Permits not subject to SEPA I Grading Permits 24.100 Binding Site Plan - Preli+ninary and Final ~ 20_60 Binding Site Plan = Change of CanciiHons I 20.60 I Wireless Communication Facilities ~ 22.120 I Subdivision - Final I I Plat Alterations - Final I 20.60 I SEPA Threshold Determination 2120 I Preliminary Short Plat, Plat, Binding Site Plan - Change of Conditions Short Subdivision - Preliminary and Final 20.20 III Conditional Use Permits 19.700 I Shoreline Conditional Use Permit 21.50 Shorelins Substantial Deve{opment Permit 21.50 i Page 4 of 38 1210612006 Planning Commission Recommended Draft Title 17 Unifonn Development Code ~ Type Land Use and Development Application Cross Reference - SVMC Chapter Shoreline Variance 21.50 ~ Subdivisions - Preliminary I 20.20 Variance ( 19.900 Zoning Map Amendments (site specific rezones) I 17.40.160 Annual Comprehensive Plan Amendments (text and/or 17.40.160 map) IV qrea-vride Zoning Map Amendments I 17.40.160 I Development Code Text Amendments ~ 17.40.160 ~ ~ 2. Assiqnment bv Director: Land use and development applications not defined in SVMC Table17.40-1 above shall be assigned a type by the Director, unless exempt under SVMC 17.40.040. When one or more procedure may be appropriate, the process providing the greatest opportunity for public notice shall be followed: 17.40.040 Exempt Activities , 1. Exemotions. Unless specifed elsewhere in this title, thc following development activities are exeinpt from the procedural requirements of this chapter. a. Normal or emergency repair or maintenance of public or private buildings, structures, Iandscaping, or utilities. ~ b. A change of any legally-establiahed use is exempt; unless the change of use requires: i. An increase in the number of parking spac,es provided, ~ ii. A conditional use permit under SVMC 19.80, iii. A site plan approval under SVMC 19.65, or iv. Review by SEPA. c. Final subdivisions, short subdivisions, and binding site plans. d. Building permits that are not subject to SEPA. e. On-site utility permits not obtained in conjunction with a specific development application, including but not limited to sewer hook-ups, wafer hook-ups, right- of-vray permits, and fire department permits. f. Sign permits. g. Interior remodeling and tenant improvements unless site plan review is required under SVMC 19.65. . . 2. Other Fteaulations. Applications exempt under this section remain subject to all other applicable standards and requirements of the SVMC. page 5 of 38 i 2106f2006 Planning Commission Recommended Draft Tit1e 17 Uniform Development Code 17.40.050 Devetopment Application Requirements 1. Application forms. All applications shall be made on forms provided by the Department. The Director shall have aukhority to modify application materials. 2. Submittal information. All applications shall include the information required in applicable provisions of this code as identified in SVMC Table 17.40-1 and other additional information required by the Department. 3_ Fees. Fees as required by SVNiC 17.70. 17.40.060 Final Decision Authority The final decision for application type shall be made by; 1. TyRe I- the Department. 2_ Type I I- the Department 3. Type III - the Hearing Examiner. 4. l'ype IV - the City Council preceded by a- recommendation by Planning Commission. ~ i 17.40.070 Required Application Procedures The required procedures for Type I, II, and III applications are set forth in the following table. The specific procedures required for Type IV applications are set forth in SVMC 17.40.140 and 17.40.150. Table 17.40-2 Procedures for Development Applications ~ Q . . .N b ~ O . AppllCetlO o co°~ ~ a~ crn E c°o ~c°v 0.U c°~i ~ ~o o 0~~- °t.- 0 0~ nType ,c~~o c QEo TEo v_o •2.C)o co . 6 Q.~d: ~ E~v - o. p t~ 0 p N N t- ~ a i-- c I` 0.. Rf . ~ U U b U. -o a-~ Z cfl ~ ~ O. r LL N c- I 10 X I X I N/A ~ N/A X II O X X X N/A X III X X X X X X X Required O Optional N/A Not Applicable 17.40.080 Pre-Application Conference 1. Purpose. To provide City and other agency staff with a sufffycient ievel of detail about the proposed development; 4o enable staff to advise the applicant of applicable approvals and requirements; to acquaint the applicant with the applicable requirements of the SVMC and other laws; and to identify issues and concerns in advance of a formal application. 2. Pre-application. Type II and III applicants shall schedule a pre-application conference and provide information requested in advance of the meeting. 3. Pre-aqqlication waivers. The director may waive the pre-application conferenoe if determined that the proposal has few development-related issues, involves subsequent Page 6 of 38 12lOS/zoos Planning Commission Recommended Draft Title 17 Uniform Development Code phases of an approved development, or is substantially similar to a prior proposal affecting substantialiy the same property. 17.40.090 Counter-Complete Determination 1. Determination and Application Content. Prior to accepting an application the Department shall determine whether the application is counter-complete. A counter-complete application shall contain all information requested in the applicable form. Review for counter-complete status does not include an evaluation of the substantive adequacy of the information in the application. 2. Incomolete anAlication. If the Department determines that the application is not counter- complete, the application shall be rejected and the applicant advised of the information needed to complete ihe application. 3. Counter-comulete aqqlication. Counter-oomplete applications shall be accepted for review for fully-complete determinaGon. 17.40.100 Fully-Complete Determination 1. Determination. Once a counter-complete application has been accepted, the Department shall, wiEhin 28 calendar days, provide a written determination delivered by mail or in person to the applicant that the, application is fully-complete, or if incomplete a list of what is required to make the application complete. The names of agencies of local, state, or federal govemments that may have, jurisdiction over some aspect of the application to the extent known by the City will be pi~ovided to the applicant 2. Incomqlete aQplication. If the necessary information is' nat provided by the applicant ~t within 60 days, the Department shall: , ~ a. Reject and return the application; or b. Issue a decision denying tfie application, based on a lack of information. The applicant may reinitiate the fully-complete review process without additional fees provided that the required information is provided by a date specified by the Department. ;c. The applicant may vrithdraw the application by submitting a request in writing ; and may be entitled to the retum of up to 80% of the fees submitted. 3. Fully-complete application. If the Department determines that any application is fully- complete, the Department shall, within 14 calendar days issue a notice of application pursuant to section SVMC 17.40.110. . i 4. Reauest for additional information. /a fully-complete determination shall not preclude the . City from requesting additional information, studies or changes to submitted information or plans if new information is required or substantial changes to the proposal occur. 5, Revocation: An application's fully-complete and vesting status may be revoked if the Department determines that the applicant intzntionally submitted false information. 6. Within 14 calendar days after an applicant has submitted additional information identified by the City as necessary for a oomplete application, the City shall notify the applicant whether the application is complete or what additional information is necessary. ~ j Page 7 of 38 12/06/2006 Planning Commission Recommended Draft Title 17 Uniform Development Code 17.40.110 Notice of Application ~ 1. Contents. Wikhin 14 calendar days aiter an application is determined fully-comofete, the Department shall issue a notice of application. a. All notices of applications shall include the following: i. The case file number(s), the date of application, and the date a fully complete application was filed; ii. A description of the proposed project and a list of project permits included with the application, as well as the identification of other permits nat included in the application, to the extent known to the City; iii. The proposed SEPA Threshold Determina6on, if applicable, iv. 7he identification of any existing environmental documents that may be used to evaluate the proposed project; v. A statement of the public comment period; a statement that the public has the right to comment on the application, receive notice of the decision, and request a copy of the decision once made, and a statement of any appeal rights; vi. The name of ttie applicant or applicanYs authorized representa6ve and the - name, address, `and, telephone number of a contact persan for the applicant, if any; vii. A description of the site, including current zoning and nearest road : intersections, sufficient to inform the reader of its location and zoning; ~ viii. A map showing the subject property in relation to other properties or a reduced copy of the site plan; ix. The date, place, and times where information about the application may be examined and the name and telephone number of #he City representative to contact about the application; x. Any additional information determined appropriate by the Department. b. In addition fo the requiremenls listed in SVMC 17.40.110(1)(a), a Type II notice of application shall state: i. That failure of any party to address the relevant approval criteria vrith suffiicient speciflcity may result in the denial of the application; ii. That all evidence relied upon by the Department to make fhe decision shall be cantained within the record and is available for public review, and that copies can be obtained at a reasonable cost from the Deparkment; iii. That after the comment period closes; the Department shall issue a Type II notice of decision. c_ In addition to the requirements listed in SVMC 17.40.110(1)(a), a 7ype III application shall state: Page 8 of 38 12/06/2006 Planning Commission Recommended Draft Title 17 Uniform Development Code i. That a staff report will be available for inspection at least seven days before ~ the public hearing, and written comments may be submitted at any time ~ prior to the closing of the record for the public hearing. 2. Distribution of Notice of AAplication. The notice of application shall be published in appropriate regional or neighborhood newspaper or trade joumal and sent to the following persons by regular mail: a The applicant b. All adjacent propeRy owners of record as shown on the most recent property tax assessment roll; c. Any governmental agency entitied to notice; . d. Any person filing a written request for a copy of the notice of application. 3. Type I exceotion. A notice of application is not required for Type I applications. 4. Comment Period. The Department shall allow 14 /calendar days for Type II applications and 30 calendar days for Type III applications after the date the notice of application is mailed and posted on the subject property; for individuals to submit comments. Within seven calendar days after the close of the public comment period, the Department shall mail to the applicant a copy of written public comments, including email communications, timely received in response to the"nobce of application together+,vith a statement that the applicant may submit a vrritten response to these comments within 14 calendar days from the date the comments are mailed. The Department in making this decision shall consider written comments timely received in response to the notice of application and tirnely vrritten responses to those comments, including e-mail oommunications, submitted by the applicant: 17.40.120 Notice of Public Hearing A public hearing is requiPed forType III applications. 1. Content of Notice of Public Hearinq: Notices of public hearing shall contain the following information: a. The application andlor project number; b. Project summaryldescription of each project permit application; c. The designation of the hearing bady; d. The date, time, and place of the hearing and a skatement that the hearing will be conducted in accordance with the rules of procedure adopted by the hearing body; e. General project location, vicinity, address, and parcel number(s), if applicable; f. The name of the applicant or applicant's authorized representative and the name, address and telephone number of a confact person far the applicant, if any; g. The SEPA threshold determination or description ihereof shall be contained in _ the notice, along with any appropriate statement regarding any shared or divided lead agency status and phased review and stating the end of any final comment period; Psge 9 af 38 12106f2006 Planning Commission Recommended Draft Titie 17 Uniform Development Cade h. A statement regarding the appeal process; and i. The date when the staff report will be available and the place and times tvhere it can be reviewed. 2. Distribution of Notices of Public Hearina: Nokices of public hearing shall be mailed, posted, and published at least fifte-en (15) days prior to the hearing date and shall be distributed as follows: . a. Natice by Mail: All property awners within three hundred (300) feet of the subject property by first class mail. Where any portion of the property abutting the subject property is owned, contralled, or under the option of the project property owner, then all property owners vrithin three hundred (300) foot r3dius of the total ownership interest shall be notified by first class mail. Property owners are those shown on the most recent Spokane County AssessorslTreasurers database as obtained by the title company no more than thirty (30) calendar days prior to the scheduled public hearing. In addition, notice shall be sent to the following: , i. Agencies with jurisdiction (SEPA); , ii. Municipal corporations or organizatiori vrith which the City has executed an inter-docal agreement; and iii. Other persons who the City determines may be affected by the proposed actian or who requested such notice in writing. b. Notice by Sign: A sign a minimum of sixteen (16) square feet (4 feet in width by 4 fieet in height) in area shall be posked by the applicant on the site along the most heavily traveled street adjacent to the subject property. The sign shall be provided by the. applicant. The sign shall be constructed of material of sufficient weight and reasonable strength to withstand normal weather conditions. The sign shall be lettered and spaced as follows: i. A minimum of iwo (2) inch border on the top, sides, and bottom of the sign; ii. The first line in four (4) inch letters shall read "NOTICE OF PUBLIC HEARING"; iii. Spacing between all lines shal) be a minimum of three (3) inches; and iv. The text of the sign shall include the following information in three (3) inch letters: 1. Proposal: 2. Applicant: 3. File Number: 4. Hearing: (date & time) 5. Location: 6. Review Authority: c. Notice by publication: Publish one notice in an appropriate regional or neighborhood newspaper or trade journal. 17.40.130 Final Decision 1. Timeline to Make Final Decision - Tvpe I_ The Department shall approve, approve with ~ conditions, or deny a Type I application witfiin 60 calendar days arter the date the Page 10 of 38 12f06J2006 Planning Commission R@aommended Draft Title 17 Uniform Development Code 1 application was accepfed as fully-complete, unless accompanied by a SEPA checklist. ~ Time spent by the applicant to revise plans or provide additional studies or materials - requested by the City shall not be included in the 60 day period. An applicant may agree in writing to extend the time in which Ehe Department shall issue a decision. The DepartmenYs decision shall address all of the relevant approval criteria applicable to the development application. 2. 7imeline to Make Final Decision -Tvpe II and III. The final decision on a Type II and III application shall be made not more tlian 120 calendar days (90 days for subdivisions) after the date a fully-complete determination is made. This period shall not include: a. Tims spent by the applicant to revise plans or provide addPtional studies or materials requested by the City. b. Time spent preparing an environmental impact statement. c. Time befween submittal and resolution of an appeal. d. Any extension of time mutually agreed upon by the applicant and the City in writing. . ~ 3. Contents of Final Decision. The final decision on Type II and III apptications shall cantain the following information: a. The nature of tfie application in sufficient detail to apprise persons entitied to notice of the applicanYs proposal and of the decision; b. The address or other geographic description of the subject property, including a ~ map of the site in relation to the surrounding area, wfiere applicable; c. The date the decision shall become final, unless appealed; d. A statement that all persons who have standing under SVMC17.50 may appeal the decision; e. A statement in boldface type briefly explaining how an appeal can be filed, the deadline for filing such an appeal, and where furtiier information can be obtained conceming the appeal; f. A statement that the complete case file, including findings, conclusfons, decisions and conditions of approval, if any, is available for review. The notice of final decision shall list the place, days, and times where the case file is available and the name and telephone number of the City representative to contact about reviewing the case file; g. A statement of the facts demonstrating how khe application does or does not comply with applicable approval criteria; h. A statement of the basis af decision pursuant to the SVMC and other applicable law; • i. The reasons for a conclusion to approve, approve with conditions, or deny the application; ~ ?age 11 of 38 12106f2006 ' Planning Commission Recommended Draft Titfe 17 Uniform Development Code j. The decision to approve or deny the applicaUon and, if approved, conditions of approval necessary to ensure the proposed development will comply with applicable law; and k. The date the final decision is mailed. 4. Notice of the Final Decision. All final decisions shall be sent by regular mail to the following: a. The applicant; b. Any govemmental agency entitled to notice; c. Any person filing a vrriYten request for a copy of the notice of application or the final decision and d. Any person who testified at the hearing or who provided substantive wriften comments on the application during ttie public comment period and provided a mailing address. 17.40.140 Type IV Applications - Comprehensive Plan Amendments and Area- wide Rezones ' 1. Initiation. Comprehensive Plan Amendments and kea Wide Rezones may be initiated by any of the following: . a. Property owner(s) or their representatives; b. Any cifizen, agency, neighborhoad association, or other party; or : c. The Depaitment, Planning Commission, or City Council. 2. Applications. Applications shall be made on forms provide by the City. 3. Application Submittal: , a. Applicant initiated: Comprehensive Plan Amendments and Area-Wide Rezanes shall be subject to a pre-application conference, counter-complete, and fully- complete determinatibns pursuant to SVMC 17.40.080, 090, and 100. The date upon fully-complete determination shall be the date of registration vrith the Department b. Non-applicant initiated: After submittal of a non-applicant initialed application, the application shall be placed on the register. 4. Reqister of Comprehensive Plan Amendments and Area-wide Rezones. The Department shall establish and maintain a register of all applications. 5. Concurrent and Annual Review of Recaister. a. Sixty (60) days prior to November 1st in each calendar year, fhe City shall notify the public that the amendrrjent process has begun. Notice shall be distributed as follows: i. Natice published in an appropriate regional or neighborhood newspaper or trade journal; ' ~ . F'aye 12 of 38 1a1as1zoos Planning Commission Recommended Draft Title 17 Uniform Development Code ii. No6ce posted on all of the City's o"m"cial public notice boards; iii. Copy of the notice sent to all agencies, organizations, and adjacent jurisdictions with an interest. b. All registered applications shall be reviewed concurrently, on an annual basis and in a manner consistent with RCW 36.70A.130(2). Applications registered after November 1st of the previous calendar year and before November 1st of the current calendar year, shall be included in the annual review. Those registered after November 1st of the calendar year shall be placed on the register for review at the following annual review. c. Emergency Amendments: The City may review and, amend the Comprehensive Plan wfien the City Council determines that an emergency exists or in other circumstances as provided for by FZCW 36.70A_130 (2)(a). - 6. Notice of Public Hearinv. Comprehensive Plan Amendments and Area-Wide Rezones require a public hearing before the Planning Commission. a. Contents of Notice. A notice of public hearing'shall include the following: i - i. The citation, if any, of the pro v sion that would be changed by the proposal along with a brief description of that provision; ; J. A statement of how the proposal would change the affected provision; iii. A statement of what areas, Comprehensive Plan designations, zones, or locaiions will be directly affected or changed by the proposal; ~J iv. The date, time, and place of the public hearing; v. A statement of the availability of ihe official file; and vi. A statement of the right of any person to submit written comments to the Planning Commission and to appear at the public hearing of the Planning Commission to give oral comments on the proposal. ~ b. Distribution of Notice. 7he Department shall distribute the notice pursuant to SVMC 17.40.120(2). 7. Planninq Commission Recommendation. a. Procedure. -Following the public hearing, the Planning Commission shall consider the applications concurrently, and shall prepare and fonvard a recommendation of proposed action for all applications to the City Council. The Planning Commission shall take one of the following actions: i. If the Planning Commission determines that the proposal should be adopted, it may by a majority vote, recflmmend that the City Council adopt the proposal. The Planning Commission may make modifications to any proposal prior to recommending the proposal fo City Council for adoption. If the modification is substantial, the Planning•Commission must conduct a public hearing on the modified proposal. Page 13 of 38 12Jos12oos Planning Commission Recommendeti Draft Title 17 Uniform Development Code ii. If the Planning Commission determines that the proposal should not be adopted, it may, by a majority vote, recommend that the City Council not adopt the proposal. iii. If the Planning Commission is unable to take eitfier of the actions specified in subsections (i) or (ii) above, the proposal will be sent to City Council with the notation that the Planning Commission makes no recommendation. . - . Page 14 of 38 12r)&2aos Planning Commission Reoommended Draft Title 17 Uniform Development Code ~ B. Approval Criteria a. The City may approve Comprehensive Plan Amendments and Area-Wide Zone Map Amendments if it finds that: i. The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment; ii. The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with fhe portion of the City's adopted plan not affected by the amendment; iii. The proposed amendment responds to a substanti2l change in conditions beyond the property owner's cAntrol applicable to the area within which the subject property lies; - iv. The proposed amendment corrects an obvious mapping errar, and v. The proposed amendment. addresses an identified deficiency in the Comprehensive Plan. / / ~ b. The City must alsfl consider the folloiving' factors prior to approving Comprehensive Plan Amendments: i. The effect upon the physical environment; ii. The effect on open space, streams, rivers, and lakes; ~ iii. The compabbility wifh and impact on adjacent land uses and surrounding hbofioods nei9 iv.,The adequacy; of and impact on community facilities including utilities, roads, public transportatian, parks, recreation, and schools; v. The benefit to the neighborhood, City, and region; vi. The quantity and lacation of land planned far the proposed land use type and density and the demand for such land; vii. Yhe current and project population density in the area; and viii. The effect upon other aspects of the Comprehensive Plan. 9. Citv Council Action. Within sixty (60) days of receipt of the Planning Commission's findings and recommendations, the City Council shall consider the findings and recommendations of the commission conceming the applica4ion and may hold a public hearing pursuant to council rules. The Department shall distribute notice of the council's public hearing pursuant to SVMC 17.40.120(2). All annual amendments to the Comprehensive Plan shall be considered concurrently. By a majority vote of its membership, the City Ceuncil shall: a. Approve the application; , b. Disapprove the application; Page 15 of 38 i 2/0612006 Planning Commission Recommended Draft Title 17 Uniform Development Code c. Modify the application. If the modification is substantial, the council must either ' conduct a public hearing on the moditied proposaf; or .i d. Refer the proposal back to the Planning Commission for furttier consideration. 10. Transmittal to the State of WashinQton. At least sixty (60) days prior to final action being taken by the City Council, the Washington State Department of Community, Trade and Economic Development (CTED) shall be provided with a copy of the amendments in order to initiate the 60 (sixty) day comment period. No later than ten (10) days after adoption of the proposal, a copy of the final decision shall be fonnrarded to CTED. 17.40.150 Type IV Applications - Text Amendments to the Uniform Development Code 1. Initiation. Text amendments to this code may be initiated by any of the fallowing: a_ Property owner(s) or their representatives; b. Any citizen, agency, neighborhood association, or other paRy; or c. 7he Department, Planning Commission, or City Council. 2. Applications. Applications shall be made on forms provided by the City. 3. Application Submittal: a. After submittal of an applicant initiated application, the application shall be . subject to a pre-application conference, counter-oomplete, and fully-complete , deteRnination pursuant to SVMC 17.40.080, 090, and 100. b. After submittal, the application shall be placed on the next available Planning Commission agenda. 4. Notice of Public Hearina. Amendments to this code require a public hearing before the Planning Commission. a. Contents of No4ice. A notice of public hearing shall including the following: i. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision; ii. A statement of how the proposal would change the affected provision; iii. The date, time, and place of the public hearing; iv. A statement of the availability of the official file; and v. A statement of the right of any person to submit written comments to the Planning Commission and to appear at the public hearing of the Planning Commission to give oral comments on the proposal. b. Distribution of Notice. 7he Department shall distribute the notice -pursuant to SVMC 17.40.120(2). Page 16 of 3$ i?10612006 Planning Commission Recommended Draft Title 17 Uniform Development Code ~ 5. Plannina Commission Recommendation. a. Procedure. Following the public hearing, the Planning Commission shall consider the proposal and shall ptepare and forward a recommendation to the City Council. The Planning Commission shall take one of the following acfions: i. If the Planning Commission determines that the proposal shauld be adopted, it may by a majority vote, recommend that the City Council adopt the proposal. The Planning Commission may make modifications to any proposal prior to recommending the proposal to City Council for adoption. If the modification is substantial, the Planning Commission must conduct a public hearing on the modified proposal ii. If the Planning Commission determines that,tfie proposal should not be adopted, it may, by a majority vote, recommend that the City Council not - adopt the proposal. iii. If the Planning Commission is unable to take either of the actions specified in subsections (i) or (ii) above, the proposal will be sent fo City Council with the notation that the Planning Commission makes no recommendation. , 6. Aooroval Criteria. The City may approve amendments to this code if it finds that: a. 7he proposed amendment is, consistent with the applicable provisions of the Comprehensive Plan; and b. 7he proposed amendment bears a substantial relation to public heaith, safety, welfare, and protection of the environment. 7. Citv Council Action. Within sixty (60) days of receipt of the Planning Commission's findings and recommendations, the City Council shall consider the findings and recommendations of the commission conceming the application and may hold a public hearing pursuant to council rules. The Department shall distribute natice of the council's public hearing pursuant to SVMC 17.40.120(2). By a majority vote, the City Council shall:. ' a. Approve the application; b. DisapprQVe the application; c. Modify the application. If modification is substantial, the Council must either conduct a public hearing on the modified proposal; or; d. Refer tfie proposal back to the Planning Commission for further consideration. 8. Transmittal to the State of Washinaton. At least 60 (sixty) days prior to final action being taken by the City Council, the VWashington State Department of Community, Trade and Economic Development (CTED) shall be provided with a copy of the amendments in order to initiate the 60 (sixty) day comment period. No later than ten (10) days after - adoption of the proposal, a copy of the final decision shall be forwarded to CTED. 17.40.160 Optional Consolidated Review Process ~ 1. Optional Consolidated Review Process. This optional process provides for the cansideration of all discretionary land use, engineering, and environmental permits Page 17 of 38 12/06/2406 Planning Commission Recommended Draft Title 17 Uniform Development Code issued by the City if requested in writing from the applicant. Permit decisions of other agencies are not included in this process; but public meetings and hearings for other agencies may be coordinated with those of the City. Where muitiple approvals are required for a single project, the optional consolidated review process is composed of the following: a. Pre-application N9eeting. A single pre-application meeting will be conducted for all applications submitted under the optional consolidated review process. b. Determination of Completeness. When a consfllidaied application is deemed campleke a consolidated de#ermination of completeness will be made pursuant to SVMC 17.40.100. c. Notice of Application. When a consolidated application is deemed complete, a consolidated notice of application will be issued pursuant to the provisions of SVMC 17.40.110. d. Comment Period. The consolidated application shall provide for one comment period for all permits included in Uie consolidated application. e. 7he City will issue a decision(s) forType I or Type II permits prior to scheduling a public hearing for any companion,Type Ill'permit. Appeals of administrative permits that are part of a consolidated, application will be heard in a single, consolidated open-record appeal heanng before the Hearing Examiner on the same agenda as the companion Type 111 application. f. Notice of Public Hearing. A single notice of public hearing will be provided for consolidated permit applications. The notice will include the Type III permit to be heard and any open record appeals of administrative portions of the consolidated application. g. Notice,bf Decision. The Hearing Examiner shall issue a single notice of decision regarding all Type" I and Type II appeals and all Type III project permit applications subject to a public hearing. 17.50 AQpeals 17.50.010 General 1. Aqpeals and Jurisdiction. All final decisions shall be appealed to the authority set forfh in SVMC Table 17.50-1 below. Specific procedures foltowed by the Planning Commission, Hearing Examiner, and City Council are set forth in Appendix B. Table 17.50-1 DecisionlAppeal Authority Land Use and Development Appeal Authority p Decisions , Type I and II Decisions Hearing Examiner (SVMC 17.50.030); further appeal to Superior Court (RCW 36.70C) Building Permits Heanng Examiner (SVMC 17.50.030); further appeal to Superior Court (RCW 36.70C) ~ Page 18 of 38 12l06/2006 Pianning Gommission Recommended Draft Title 17 Uniform Development Code Land Uss and 17evelopment Appeal Authority ; Decisions ~ Type III decisions except zoning Superior Court (RCW 36.70C) map amendments Type III zoning map City Council (SVMC 17.50.060);further amendments appeal to Superior Court (RCW 36.70C) Type IV decisions ~ Superior Court Matters subject to review Growth management hearing board pursuant to RCW 36.70A.020 Shoreline development permits Shoreline Hearings Board (RCW ' 90.58.160) / i 'Compliance and enforcement Appeal Authioriti~.\ decisions (SVMC 17.60): Notice and order of violation Hearing Examiner (SVMC 17.50.030); i ~ further appeal to Superior Eourt . . ~ 17.50.020 Effective Date of Final Decisions 1. Type I final decisions and building permits become effective on the day after the appeal period expires unless an appeal is filed, in which case the procedures of SVMC 17.50 shall apply. The applicant and `owner have the right to waive their appeal rights, and in such cases where a waiver is submitted' in,writing to the Department, the Type I decision is considered flnal on the'day it is signed by the Director or designee or on the day the vraiver is approved, whichever is later, unless~a party other than the applicant owner has standing to appeaL . 2. Type II, III, and IV final decisions become effective on the day after the appeal period expires, unless an appeal is filed, in wfiich case the procedures of SVMC 17.50 shall apply. . 17.50.036Standing 1.~Tvoe I decision., the following parties have standing to appeal a Type I decision: , a. The applicant and the owner of the property to vrhom the decision is directed; and ~ b:~ The adjacent property owners whose interest are a required part of the application approval. 2. Tvpe II decision. The fiollowing parties have standing to appeal a Type II decision: a. The applicant and owner of the property to whom the decision is directed; b. Any party for wham written notice is required; c. Any other party who participates in the decision process through the submittal of substantive vrritten comments. 3. TvQe III decision. The following parties have standing to appeal a Type III decision: ~ a. The applicant and the owner of the property to whom the decision is directeti; Page 19 of 3$ 12J06/20OG Planning Commission Recommended Draft Title 17 Uniform Development Code b. Any other person aggrieved or adversely affected by the decision, or who would be aggrieved or adversely affected by a reversal or modification of the decision. A person is aggrieved or adversely affected witfiin the meaning of these rules only when all of the following conditions are present: i. The decision has prejudiced or is likely to prejudice that person; ii. That person's asserted interests are among those that the Hearing Examiner was required to consider when tfie decision was made; iii. A reversal or modification of the decision in favor of tliat person would substantially eliminate or retlress the prejudice to that person caused or likely to be caused by the decision; and iv. The appellant has exhausted his or her administrative remedies by being a party of record to the decision below~ A'party of record" means a person who appeared at the public heari ng held by tfie Hearing Examiner, or who submitted substantive written comments in the matter prior to the closing of the record for the hearing. c. The Director. 4. Tvpe IV Decisions. 7ype IV decisions are legislative decisions and may be appealed to the Growth Management Hearings Board or a court of competent jurisdiction as allo~ved by law. ` . 5. Compliance and enforcement decisions: The foflowing parties have standing to appeal a compliance and enforcement decision: a. The party or owner of propertjr subject to an appeal. . b. The complainant if a written request is made to be notifed of the City's response to the complaint filetf by the complainant. 17.50.040 Time for and Contents of an Appeal to the Hearing Examiner 1. Apqeal to Hearina Examiner. Any appeal to the Hearing Examiner must be received no 1 later than 14 calendar days after written notice of the decision is mailed. Receipt of a ~ complete appeal~submittal shall stay the original decisian until a final decision on the appeal has been reached. The appeal shall include: a: The case number designated by the City and the name of the applicant; b. The name and signature of each petitioner or their authorized representative and a statement showing that each petitioner has standing to file the appeal under this chapter. If multiple parties file a single petition for review, the petition shall designate one party as the contact representative; c. The specific decision and specific portions of the decision or determination being appealed, and the specific reasons vrhy each aspect is in error as a matter of fact or law; d. Evidence that the specific issues raiseci on appeal were raised during the periad in which the record was open; and Page 20 of 38 12/06l2006 Planning Commission Recommended Draft Title 17 Uniform Development Code e. The appeal fee as identified in SVMC 17.70. The fee may be refunded either wholly or partially only if the appellant requests withdrawal of the appeal in writing at least 14 calendar days before the scheduled appeal heating date. 17.50.050 Appeal Review Process for Hearing Examiner 1. Appeal Review Process. a. All complete appeals submitted and allowed pursuant to these rules shall be scheduled for review at a public hearing before the Hearing Examiner within 90 calendar days from the date af submission. Further extensions are permPtted upon mutual agreement of the appellant, the applicant, and the Department. b. Notice of the appeal hearing shall be mailed to the applicant and the appellant, if - different than the applicant. 17.50.060 Hearing Examiner Appeal Hearing Procedures 1. Hearinq Procedures. All appeals to the Mearing Examiner shall be conducted in the manner set forth in Appendix B., 2. Schedulinq of Hearings. a. The Department, in coordination varith the Hearing F~caminer, shall prepare an official agenda indicating the dates and times that matters will be heard. The official agenda shall comply vrith all time limits set forth in RCW 36.706.110. b. When practical, minor applicakions such as a variarice or matters that take less time shall be heard at the beginning of the day°s agenda. c. 7he Hearing ~ Examiner may consolidate applications involving the same or related properties for hearing. 3. Notice of Hearina-Effect of Notice. a. Each public notice required for_ ttie hearing of an application shall conform to applicable statutory and orcfinance requirements. The notice should contain a stafement that \the hearing will be canducted in the manner set forth in Appendix B. ' . b. Failure of a person enUtled to noticc to receive notice does not affect the jurisdiction of the Hearing Examiner to hear the application when scheduled and render a decision, if the notice was properly mailed and posted. c. A person is deemed to have received notice if the person appears at the hearing, or submits wriften comments on the merits of the application, and the person fails to object to the lack of notice promptly after the person obtains actual knowledge of the hearing date. d. If required notice is not given and actual notice is not r2ceived, the Mearing Examiner may reschedule the hearing or keep the record open on the matter to receive additional evidence. Page 21 of 38 1210612006 Planning Commission Recommended Draft Title 17 Uniform Development Code 4. Staff Reports on Aqolications _ a, The Department shall coordinate and assemble the comments and recommendations of other City departments and commenting agencies, and shall make a wdt#en staff report to the Hearing Examiner on all applications. b. At least seven calendar days prior to the date of the scheduled public hearing, the staff report shall be flled with the office of the Hearing Examiner and mailed , by first class mail or provided to the applicant. At such time, the Department shall also make the report available for public inspection. Upon request, the Department shall pravide or mail a copy of the report to any requesting person for the cost of reproduction and mailing. c. If the staff report is not timely filed or fumished; the Headng Examiner may at hislher discretion continue the hearing, considering the prejudice to any party and the circumstances of the case. d. 7he Hearing Examiner may make recommendatiQns to ttie Department on #he format and content of staff repoRs submitted to the Hearing Examiner. 5. Site Inspections. a. The Hearing Examiner may make site inspections, which may occur at any time after the staff report on an application has been filed with the Hearing Examiner and before the examiner renders a final decision. The Hearing Examiner need not give notice of the infention to make an inspection. b. The inspection and the information obtained from it shall not be construed as new evidence or evidence outside the record. If an inspection reveals new and unanticipated information, the Hearing Examiner may upon notice to all parfies of record request written response to such information or reopen the hearing to consider the information. 17.50.070 Time for and contents of an Appeal to the City Council All appeals to the City Council shall be clased record appeals and shall follow the procedures and conduct as set forth below:, ~ 1. Appeals of the Hearing Examiners decision to the City Council must be: a:, Filed with the City Clerk within four#een (14) calendar days from the date the final decision of the hlearing Examiner was mailed; b. Accompanied by the appeal fee identified by SVMC 17.70; c. Accompanied by the separate transcript/record deposit fee identified by SVMC 17.70; and d. Submitted on a form abtained from the City Clerk. 2. The appeal form submitted by the appellant shall contain the following information: a. The file number and a copy of the decision; Page 22 of 36 1 ZI06l2006 Planning Commission Recommended Draft Title 17 Uniform Development Code b. The name and mailing address of the appellant, the name and mailing address of the appellant's aitomey, if any, and the name of the applicant if different than the appellant; c. Facts demonstrating that the appellant has standing to appeal; d. A separate and concise statement of each error alleged to have been committed; e. A separate and concise statement of facts upon <<rhich the appellant relies to sustain the statement of error; and f. A request for relief, specifying the type and extent of telief requested. 3. Upon receipt of the written appeal form and payment of the appeal fee, the City Clerk shall fonvard a copy of the appeal and the transcriptlrecord"deposit fee to the Hearing Examiner_ 4. The appeal shall be dismissed by the City Council if: a. It is flled by a person without standing to appeal; b. The Ciry Council does not have jurisdiction to hear the appeal; c. It is not timely filed; d. The appeal fee or the transcriptlrecord deposit fee v:as nat timely paid; e. The appellant failed to timely pay the costs incurred by the Hearing Examiner in ~ preparing the verbatim transcript and certified record, afiter being billed for such costs; or ~ f. It is not filed in accordance with the procedures set forth in ttiese rules. All motions to disrriiss a defective appeal shall be filed within fifteen (15) calendar days from the filing date of the appeal, except for a dismissal under item (4)(e), above. The City Council may dismiss an appeal under item (4)(e), above, upon receiving written notification from the Hearing Examiner that the appellant failed to timely pay the costs incurred by the Hearing Examiner for the appeal after being billed for such costs. 5. The Hearing Examiner shall have thirty (30) calendar days from the filing date of the appeal to prepare a vefiatim transcript of the hearing before the examiner and a certified copy of the documents in the record, and to bill the appellant for the costs incurred. The City Council may authorize a longer time, at the Hearing Examiner's request, for unusually farge records or transcripts. a. If the Hearing Examiner, the appellant, and the applicant (if different than the .appellant), agree, or upon order of the City Council, the verbatim transcript and/or record may be shortened or summarized to avoid reproduction or transcription of portions of the record Ehat are duplicaEive ar irrelevant to the issues raised by the appeal. b. Upon completion of the transcript and record, the examiner shall bill the appellant for all costs incurred by the Hearing Examiner in preparing the 1 verbatim transcript and certified record. The appellant shaQ pay the balance ~r Page 23 of 38 i uosi2oos Planning Commission Reoommended Draft Title 17 Uniform Development Code above and beyond the deposit fee within seven (7) calendar days from the date the bill was mailed or provided to the appellant. ~ c. Upon the appellant's payment of the bill far the cost of the transcript and record, the Hearing Examiner shall, by the next business day, deliver a copy of the appeal, verbatim transcript, and certified rzcord to the City Clerk. The Hearing Examiner shall also provide to the City Clerk a list of the names and mailing addresses of the applicant and the parties of record to the hearing before the Hearing Examiner. d. The City Clerlc will furnish copies of the transcript and record to the applicant, if different than the appellant, all members of the City Cauncil, and the City Attorney. The Hearing Examiner, upon request, will furnish copies of the , transcript and record to the appellant, the applicant (if the same as the appellant), and other entities that may request one at the cost of reproduction. e. If the Ciry Council dismisses fhe appeal on procedural grounds, the appellant shall reimburse the Hearing Examiner for the balance of the costs incurred by the Hearing Examiner in preparing the transcript and record as of the date of the dismissal, if any. ~ 17.50.080 Appeal Review Process for City Council 1. The City Council, at its next regular meeting following receipt of the transcript and record from the Hearing Examiner, will schedule a closed record hearing on the appeal. a. 7he City Council shall schedule the appeal hearing no sooner than thirty (30) calendar days from the date the transcript and record were received from the ~ Hearing Examiner. ' b. The• City Council may approve a later hearing date upon agreement of the applicant. c. The appellant, or a party of record in opposition to the appeal, may provide input as to the hearing date only in person at the meeting, or by submitting a letter to the City Clerk prior to the meeting. d. The City Clerk shall mail notice of the time, place and date of the hearing to the appellant, the applicant (if different than the appellant), and all parties of record to the hearing before the Hearing Examiner within five (5) calendar days from the date the appeal hearing was scheduled. e. Closed record appeals before the City Cvuncil shall be concluded within sixty (60) days from the date the transcript and record are received by the City Clerk, unless the applicant agrees in writing to a longer period. 17.50.090 City Council Appeal Hearing Procedures All appeals to the City Council shall be conducted in the manner set in Appendix B. 17.60 Comoliance and Enforcement 17.60.010 Purpose and Scopc This chapter sets forth fhe enforcement procedures for violations of the following: Page 24 of 38 121osf20o6 Pianning Commission Recommended Draft Title 17 Uniform Development Code ~ 1. Nuisances (SVMC 7.05) 2. Violations of any provisions of the Uniform Development Code (SVNqC Titles 17-25) 17.60.030 Relationship to Growth Management Act This aRicle is adoptzd as development regulations pursuant to Chapter 36.70A RCV1l (Growth Management Act). 17.60.040 Enforcement, Authority, and Administration 1. In order to discourage public nuisances and othenvise promote compliance with applicable code provisions, the City may, in response #o feld'observations or reliable complaints, determine that violations of this title have oocurred or are occurring, and ' may: a. Enter into voluntary compliance agreements with persons responsible for code violations; b. Issue notice and orders, assess civil penalties, and recover casts as authorized • by this article; c. Require abatement by means of a judicial abatement order, and if such abatement is not timely completed by the person or persans responsible for a code violation, undertake the abatement and charge the reasonable costs of such work as authorized,by ttiis article; ~ d. AIlow a person responsible for the code violation to perform community service in lieu of paying civil penalties as authorized by this article; e. Order work stopped at a site by means of a stop work order, and if such order is not complied with, assesses civil'penalties as authorized by this article; f. Suspend, revoke, or modify any permit previously issued by the City or deny a permit application as authorized by this article when other efforts to achieve compliance have failed; and g. Forward a Nrritten statement providing all relevant information relating to the violation to'the office of the City Attorney with a recommendation to prosecute willful and knowing violations as misdemeanor offenses. 2. The procedures set forth in this article are not exclusive. These procedures shall not in any manner limit ar"restrict the City from remedying or abating violations of this title in any ather manner authorized by law. 3. In addition to, or as an alternative to, utilizing the procedures set forth in this article, the City may seek legal or equitable relief to abate any conditions or enjoin any acts or practices which constitute a code violation. 4. In addition to, or as an attemative to, utilizing the procedures set forth in this article, the City may assess or recover civil penalties accruing under this article by legal action ' filed in Spokane County district court by the office of the City Attorney. 5. The provisions of this article shall in no way adversely affect the rights of the owner, lessee, or occupant of any properiy to recover all costs and expenses incurred and ~ required by this article from any person causing such violation. Page 25 of 38 i 2laGf2466 Planning Commission Recommended Draft Title 17 Uniform Development Code 6. In administering the provisions for code compliance, the City shall have the authority to `waive any one or more such provisions so as to avoid substantial injuskice by application thereof to the acts or omissions of a public or private entity or individual, or acts or omissions on public or private property including, for example, property belonging to public or private utilities, where no apparent benefit has aocrued to such entity or individual from a code violafion. Any determination of substantial injustice shall be made in writing supported by appropriate facts. For purposes of this subsection, substantial injustice cannot be based exclusively on financial hardship. 7. The City may, upon presentation of proper credentials, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued court order, enter at reasonable times any building or premises subject to the consent or court order to perform the duties imposed by this article. It is the intent of the City Council that any entry made to private property for the purpose of inspection for code violafions be accomplished in strict conformity wiih constitutional and statutory coristraints on entry, and the holdings of the relevant court cases regarding entry. The right of entry authorized by this article shall not supersede those legal constraints. 8. The City may request that the police, appropriate fire district, Spokane Regional Health District, or other appropria#e City department or other non-city agency assist in enforcement. ' 17.60.050 Guidelines for Departmental Responses to Complaints City representatives are authorized to \determine,_ based upon past complaints regarding a property, subsequent field investigations, and other relevant criteria, whether a complaint is reliable. If the City determines a complaint is not reliable, the City is not obligated to conduct a field investigation. • 17.60.060 Procedures when Protiable Violation is Identified 1. The City shall determine, based upon information derived from sources such as field observations, the stafements of witnesses, relevant dacuments, and data systems for #racking violations and applicable City codes and regulations, whether or not a violation has occurred. As soon as the City has reasonable cause to determine that a violation has occurred, the violation shall be documented and the person responsible for the code violations promptly notified. 2. Except as provided in subsection 4 of this section, awarning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the City othenvise determines a violation has occurred. The waming shall inform the person determined to be responsible for a code violation of the violation and allow the person an opportunity to correct it or enter into a voluntary compliance agreement as provided for by this article. Verbal warnings shall be logged and followed up with a written waming within five days, and the site shall be re-inspected within 14 days. 3. No warning need be issued in emergencies, repeat violation cases, cases that are already subject to a voluntary compliance agreeinent, cases where the violation creates or has created a situation or condition that is not likely to be coRected within 72 hours, cases where a stop work order is necessary, or when the person responsible for the code violation knows, or reas4nably should havz knoivn, that the action was a code violation. 4. Notics and orders should be issued in all cases in wfiich a voluntary compliance agreement has not been entered. , Page 26 of 38 12106/2a06 Planning Commission Recommended Draft Title 17 Uniform Development Code ~ 5. The City shall use all reasonable means to determine and proceed against the person(s) actually responsible for the code violation occuRing when the property owner has not direcby or indirectly caused the violation. 6. If tiie violation is not corrected, or a voluntary compliance agreement is not entered into within 15 days of notffication by the City, a notice and order or stop work order should be issued. Stop work orders should be issued promptly upon discovery of a violation in prog ress. 17.60.070 Service - Notice and Order and Stop Work Order 1. Servioe of a notice and order shall be made on a person responsible for code violation by one or more of the following methods: a. Personal service of a notice and order may be made on the person identffied by the City as being responsible for the code violation, or by leaving a copy of the notice and order at the person's house of usual abode with a person of suitable age and discretion who resides there; / / . b. Service directed to the landowner andlor occupant of the property may be made by posting the notice and order in a conspicuou"s place on the property where the violation occurred and concurrenfly majng notice as provided for below, if a mailing address is availabte; or c. Service by mail may be made for a notice and order by mailing tvro copies, postage prepaid, one by ordinary first class maWand the other by certified mail, ~ to the person responsible for the code violatiori at his or her last known address, at the address of the violatlon, or at the address of the place of business, of the person responsible for the code viola6on. The taxpayer's add'ress as shown on the tax records of Spokane County shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the'property where the violation occurred. Service by mail shall be presumed effective upori the third business day following the ciay upon vrhich the notice and order was plac2d in the mail: ~ 2. For notice and orders only, when the address of the person responsible for the code violation cannot be reasonably determined, service may be made by publication once in an appropriate regional a~r neighborhood newspaper or irade journal. Servicre by publication shall conform to the requirements of Civil Rule 4 of the Rules for Superior Court_ 3. Service of a stop vrork order on a person responsible for a code violation may be made by posting the stop work order in a conspicuous place on the property where the violation occurred or by setving the stop work order in any other manner permitted by this article. 4. The failure of the City to make or attempt service on any person named in the notice of violation, notice and order, or stop work order shall not invalidate any proceedings as to any other person duly served. 17.60.80 Training and Rulemaking 7he City shall adopt procedures to implement the provisions of this article, and specifically the guidelines set out in this article describing reasonable and appropriafe protoools for investigating l code violations_ Page 27 of 38 1210612006 Planning Commission Recommended Draft Title 17 Uniform Development Cade 17.60.090 Obligations of Persons Responsible for Code Violation 1. It shall be the responsibility of any persan identified as responsible for a code violation to bring the property into a safe and reasonable condition to achieve code compliance. Payment of civil penalties, applications for permits, acknowledgement of stop woric orders, and compliance with other remedies does not substitute for performing the corrective work required and having the property brought into compliance to the extent reasonably possible under the circumstances. 2. Persons determined to be responsible for a cade violation pursuant to a notice and order shall be liable for the payment of any civil penalties and abatement costs; provided, however, tfiat if a property owner affirmatively demonstrates that the action which resulted in the violation was taken without the owners knowledge or consent by someone other than the owner or someone acting on the owners behalf,'that owner shall be responsible only for bringing the property into compliance to qhe extent reasonably feasible under the circumstances. Should the owner not oorrect the violabon, only those abatement costs necessary to bring ihe property into a safe and reasonable condition, as determined by the City, shall be assessed by the City. No civil penalties shall be assessed against such an owner or his or her property interest. , 17.60.100 Determination of Compliance After issuance of a warning, voluntary compliance agreement, notice and order, or stop work order, and af#er the person(s) responsible for a_violation has come into campliance, the City shall issue awntten determination of cdmpliance. The City shall mail copies of the determination of compliance to each person originally named in the warning, voluntary compliance agreement, notice and order, or stop work order, as well as the complainant, by ceRified mail, five-day return receipt requested. . 17.60.110 Voluntary Compliance Agreement - Authority 1. Whenever the City determines that a code violation has occurred or is occurring, #he City shall make reasonable efforts to secure voluntary compliance from the person responsible for the cocie violation. Upon contacting the person responsible for the code violGtion, the City may enter into a voluntary compliance agreement as provided for in this article. 2. A voluntary compliance agreement may be entered into at any time after issuance of a verbal or written warning, a notice and order, or a stop work order and before an appeal is decided. 3. Upon entering into a voluntary compliance agreement, a person responsible for a code violation waives the right to administratively appeal, and thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a code violation. 4. The voluntary compliance agre2ment shall incorporate the shortest reasonable time period for compliance, as determined by the City. An extension of the time limit for compliance or a modification of the required corrective action may be granted by the City if the person responsible for the code violation has shown due diligence or substantial progress in correcting the violation, but circumstances render full and timely compliance under the original conditions unattainable. Any such extension or modification must be in writing and signed by the zuthorized representative of the City ancl person(s) who signed the original voluntary compliance agreement. , Page 28 of 38 12/06/20a6 Planning Commission Recommended Draft Titie 17 Uniform Development Code 5. The voiuntary compliance agreement is not a settlement agreement. ~ -'17.60.120 Voluntary Compliance Agreement - Contents The voluntary compliance agreement is a written, signed commitment by the person(s) responsible for a code violabon in v+ihich such person(s) agrees to abate the violation, remediate the site, andlor mitigate the impacts of the violation. The voluntary oompliance agreement shall include the following: 1. The name and address of the person responsible for the code violation; 2. The address or other identification of the location of the violation; 3. A description of the violation and a reference to the, provision(s) of the ordinance, resolution or regulation which has been violaked; . ~ . 4. A descripbon of the necessary corrective action to be taken and identification of the date or time by which compliance must be completed; 5. The amount of the civil penalty that will be imposed if the voluntary c4mpliance agreement is not satisfied; ,.6. An acknowledgement that if the City determines that the terms of the voluntary compliance agreement are not met, the City may, without issuing a notice and order or stop worfc order, impose any remedy authorized by this article, enter the real property and perForm abatement of the violation by the City, assess the oosts incuRed by the City to pursue code compliance and to abate the violation, including reasonable legal fees and costs, and the suspension, revocaUon or limitation of a development permit obtained or to be sought by the person responsible for the cflde violation; 7. An acknowledgement that if a penafty is assessed, and if any assessed penalty, f2e or cost is not paid, the City may charge the unpaid amount as a lien against the property where the code violation occurred if awned by the person responsible for the code violation, and that the unpaid amoi,nt may be a joint and several personal obligation of all persons responsible for the violation; 8. An acknowiedgement that by entering into the vofuntary compliance agreement, the person responsible for the code violation thereby admits that the conditions described in the voluntary compliance agreement existed and constituked a code violation; and 9. An acknowledgement that the person responsible for the code violation understands that he or she has the right to be served with a notice and order, or stop work order for any violation identified in the voluntary compliance agreement, has the right to adminisVatively appeal any such notice and order or stop work order, and that he or she is knowingly and intelligently waiving thase rights. 17.60.130 Failure to Meet Terms of Votuntary Compliance Agreement 1. ff the terms of the voluntary compliancz agreement are not completely met, and an extension of time has not been granted, the authorized representatives of the City may enter the real property and abate the violation without seeking a judicial abatement order. The person responsible for code compliance may, vrithout being issued a notice and order or stop work order, be assessed a civil penalty as set forth by this aFticle, plus all costs incurred by the City to pursue code compliance and to abate the violation, and may be subject to other remedies authorizeri by this article. Penalties imposed when a voluntary compliance agreement is not met accrue from the date that an appeal Page 28 of 38 12/06f20U6 Planning Commission Recommended Draft Title 17 Uniform Development Code of any preceding notice and order or stop work order was to have been filed or from the date the voluntary compliance sgreement was entered into ifi there was not a preceding ~notice and order or stop worfc order. i 2. The City may issue a notice and order or s4op work order for failure to meet the terms of a voluntary compliance agreement. 17.60.140 Notice and Order - Authority _ When the City has reason to believe, based on investigation of documents andlor physical evidence, that a code violation exists or has accurred, or that the terms of a voluntary compliance agreement have not been met, the City is authorized to issue a notice and order to any person responsible for a code violation. The City shall make a determination whether or not to issue a notice and order wi#hin 30 days of receiving a complaint alleging a violation or otherwise discovering that a violation may potentially exist, or wifhin 10 days of the end of a voluntary compliance agreement iime period which has not been met. Subsequent complaints shall be treated as new complaints for the purposes of this aRicle. 17.60.150 Notice and Order - Effect 1. A notice and order represents a determination that a violation has accurred, that tfie party to vrhom the notice is issued is a pers',on responsible for a code violation, and that the violations set out in the notice and order'require the assessment of penafties and other remetiies that may be specified in the notice and order. 2. The City is authorized to impose civil penalties upon a determination by the City that a violation has occurred pursuant to a notice and order. 3. Issuance of a notice and order in no way limits the City's authority to issue a stop work , order to a person previously cited through the notice and order process pursuant to this article. 17.60.160 Notice and Order- Contents The notice and order shall contain the following information: 1. The address, when available, or location of the violation; 2. A legal description of the real property or the Spokane County tax parcel number where tfie violation occurred or is located, or a description identifying the property by commonly used locators; 3. A statement tfnat the City has found the named person(s) to have committed a viofation and a brief description of the violation(s) found; 4. A statement of the specific provisions of the ordinance, resolution, regulation, public rule, permit cond'ition, notice and order provision, or stop work order that was or is being violated; 5. A statement that a civil penalty is being assessed, including the dollar amount of the civil penalties per separate violation, and that any assessed penalties must be paid within 20 days of service of the notice and order; - • 6. A statement advising that any costs of enforcement incurred by the City shall also be assessed against the person to whom the notice and order is directed; Page 30 of 38 1uos/2oos Planning Commission RecommenderJ Draft Title 17 Uniform Development Code 7. A statement that payment of the civil penalGes assessed under this article does not relieve a person found to be responsible for a code violation of his or her duCy to conect the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to this article; 8. A statzment of the corrective or alaatement action required to be taken and that all required permits to perform the corrective action must be obtained from the proper issuing agency; 9. A skatement advising that, if any required worfc is not commenced or completed vrithin the time specified by the notice and order, the City may praceed to seek a judicial abatement order from Spokane County superior court to abate the violation; 10. A statement advising that, if any assessed penalty, fee_or cost is not paid an or before the due date, the City may charge the unpaid amount as. a lien against the property where the cotle violation occurred if owned by a persori responsible for a violation, and as a joint and several personal obligation of all persons respon'sible for a code violation; 11. A statement advising that any person named in the notice and order, or having any record or equitable title in the property against which the notice and, order is recorded may appeal from tfie notice and order to the Hearing Examiner within-20 days of the date of service of the notice and order, 12. A statement advising that a failure to correct the violations cited in the notice and order could lead to the denial of subsequent Spokane Valley permit applications on the subject property; ~ 13. A statement advising that a failure to appeal the notice and order within the applicable time limits renders the notice and,order, a final determination that the conditions described in the notice and order existed and constituted a violation, and that the named party is liable as a person responsible for a violation; 14. A statement advising the person resporisible for a code violation of his/her duty to notify the City of any actions taken to achieve compliance vrith the notice and order, and 15. A statement advising that a willful and knowing violation may be referred to ihe Oifice of the City Attorney for prosecution. . ~ 17.60.170 Notice and Order'-Supplementation, Revocation, Modification 1. 7he City may add to, revoke in whole or in paR, or otherwise modify a notice and order by issuing a written supplemental notice and order. The supplemental notice and order shall be govemed;by the same procedures and time limits applicable to all notice and orders contained in this article. 2. The City may issue a supplemental notice and order, or revoke a notice and order issued under this article: a. If the original notice and order was issued in error, b.lNhenever there is new information or change of circumsfances; or c. If a party to an ordzr was incorrecUy named. Page 31 of 38 12l06J2oo6 Planning Commission Recommended Draft Title 17 Uniform Development Code 17.60.180 Notice and Order - Administrative Conference An informal administraUve conference may be conducted by the City at any time for the purpose of facilitating communication among concerned persons and providing a forum for efficient resolution of any violation. Interested parties shall not unreasonably be excluded from such conferences. 17.60.190 Notice and Order - Remedies - Suspension, Revocation, or Limitation of Permit 1. The City may suspend, revoke, or modify any permit issued by ihe City whenever: a. The permit holder has committed a violation in the course of performing activities subject to that permit; , b. The permit holder has interfered with the authorized representatives of the City in the performance of his or her duties related to that peRnit; 2. The permit was issued in error or on the basis of materially incorrect information supplied to the City; . 3. Permit fees or costs were paid to the City by check, and returned from a financial institukion marked non-sufficient funds (NS~) or canceled; or 4. For a permit or approval that is subject to sensitive,area review, the applicant has failed to disclose a change of circumstancaes on the'development proposal site which materially affects an applicanYs ability to meet the permit or approval eonditions, or which makes inaccurate the sensitive area study that was the basis for establishing permit or approval conditions. a. Such suspension, revocation, or modification shall be carried out through the notice and order provisions of this article and shall be effective upon Ehe compliance date~.established by the notice and order. Such suspension, revocation, or modification may be appealed to fhe Hearing 6caminer using the appeal provisions of this aiticle. 5. Notw'rthstanding any other provision of this article, the City may immediately suspend operations under any petmit by issuing a stop work order. 17.60.200 Notice and Order - Remedies - Denial of Permit 1. The City may deny a permit when, with regard to the site or project for vrhich the permit is submitted: a. Any person owning the prope►#y or submitting the development proposal has been found in violation of any ordinance, resolution, regulation, or public rule of the City that regulates or protects the public health, safery and welfare, or the use and development of land and water; and/or b. Any person owning the property or submitfing the development proposal has been found in violation and remains in violation of the conditions of any permit, notice and order, or stop work order issued pursuant to any such ordinance, - resolution, regulation, or public rule. • 2. In order to further the remedial purposes of this article, such denial may continue until the violation is cured by restoration, accepted as complete by the City, and by payment ~ Page 32 of 38 • 12/06/2006 Planning Commission Recommended Draft Title 17 Uniform Development Code of any civil penalty imposed for the violation, except that permits or approvals shall be granted to the extent necessary to accomplish any required restoration or cure. 17.60.210 Notice and Order - Remedies - Abatement In addition to, ar as an alternative to, any other judicial or administrative remedy, the City may use the notice and order provisions of this article to order any person responsible for a oode violation to abate the violation and to complete the work at such time and under such conditions as the City determines reasonable under the circumstances. If the required corrective work is not commenced or completed within the time specified, the City may seek a judicial abatement order pursuant to tfiis article. 17.60.220 Stop Work Order- Authority The City is authorized to issue a stop work order to a person responsible for a cade violation. Issuance of a notice and order is not a condition precedent to the issuance of the stop work order. 17.60.230 Stop Work Order - Effect . 1. A s#op work order represents a determination that a code violation has occurred or is occurring, and that any work or activity that caused, is,causing or contributing to the violation on tfie property where the violation has occurred, or is occurring, must cease. 2. A stop work order requires the immediate cessation of the specified work or activity on the named property. Work activity may not resume unless specifically authorized in writing by the City. . 3. A stop work order may be appealed according to the procedures prescribed in this ~ article. 4. Failure to appeal the stop work order within 20 days renders the stop work order a final determination that the civil code violation occuRed and that work was properly ordered to cease. ~ 5. A stop work order may be enforced by the City police. 17.60.240 Stop Work Order - Remedy - Civil Penalties 1. In addition to any other judicial or administrative remetfy, the City may assess civil penalties for the violation of any stop arork order according to the civil penalty schedule established in SVMC 17.60.260. 2. Civil penalties for the violation of any stop work order shall begin to accrue on the first day the stop work order is violated and shall cease accruing on the day the vrork is actually stopped. 3. Violation of a stop work order shall be a separate violation from any other code violation. 17.60.250 Stop Work Order - Remedy - Criminal Penalties In addition to any other judicial or administrative remedy, the City may forward #o the office of City Attorney a detailed factual background of the alleged•violation with a recommendation that a misdemeanor charge be filed against the person(s) responsible for any vriliful violation of a stop work order. L` ~J Page 33 of 38 121fl6120o6 Planning Commission Recommended Draft TiUe 17 Uniform Development Code 17.60.260 Civil Penalties - Assessment Schedule 1. Civil penafties for code violations shall be imposed for remedial purposes and shall be assessed for each violation identified in a notice of violation, notice and order, or stop work order, pursuant to fhe following schedule: a. Notice and orders and stop wortc orders: b. Basic initial penalty: $500.00 2. Additional initial penalties may be added where there is: a. Public health risk - amount depends on severity: $0 = 2,500 b. Environmental damage - amount depends on severity: $0 - 2,500 c. Damage to property - amount depends on severity: $0 - 2,500 d. History of similar violations (less than three): $500 e. History of similar violations (three or more): $2,500 f. Economic benefit to person responsible for violatian: $5,000 3. The above penalties may be offset by the following compliance: a. Full compliance with a vo untary compliance agreement with prior history of zero to one similar violations' SO 7 1,500.00 b. Full compliance with a voluntary compliance agreement and a history of two or more prior similar violations: $0 - 500.00 4. The total initial penalties assessed for notice and orders and stop work orders pursuant to this article shall apply for the first 30-diay period following issuance ofi the order, unless another time period is specified in a voluntary compliance agreement 5. Civil penalties shall be paid within 20 days of service of the notice and order or stop work arder if not appealed. Payment of the civil penalties assessed under this article does not relieve a person found to be responsible for a code violation of his or tier duty to' correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to this article. 6. The City may suspend civil penalties if the person responsible for a code violation has entered into a voluntary compliance agreement. Penalties shall begin to accrue again pursuant to the kerms of the voluntary compliance agreement if any necessziry permits applied for are denied, canceled or not pursued, if corrective action identified in the voluntary compliance agreement is not completed as specified, or if the property is allowed to retum to a condition similar to that oondition which gave rise to the voluntary compliance agreement. 7. Civil penalties assessed create a joint and several personal obligations in all persons responsible for a code violation. 8. In addition to, or in lieu of, any otfier sta#e or local provision far the recovery afi civil penalties, the City may file for record with the Spokane County auditor to claim a lien against the real properfy for the civil penalties assessed under this article if the violation Page 34 of 38 1zrosrzao6 Planning Commission Recommended Draft Title 17 Uniform Development Code ~ was reasonably related to the real property. Any such lien can be filed under this article ` if, after the expiration of 30 days from when a person responsible for a code violation receives the notice and order or stop work order (excluding any appeal) and any civil penalties remain unpaid in whole or in part. 17.60.270 Civil Penalties - Duty to Comply Persons responsible for a code violation have a duty to notify the City in wriking of any actions taken to achieve compliance with the notice and order. For purposes of assessing civil penalties, a violation shall be considered ongoing until the person responsible for a code violation has aome into compliance with the notice and order, voluntary compliance agreement, or stop work order, and has provided sufficient evidence of such compliance. 17.60.280 Civil Penalties - Communiry Service The City is authorized to allow a person responsible for a code violation that accumulates civil penalties as a result of a notice and order, or for failure to comply with the terms of a voluntary compliance agreement, to voluntarily participate in an approved community service project(s) in lieu of paying all or a portion of the assessed clvil penalties. Community service may include, but is not limited to, abatement, restoration, or education programs designed to clean up the City. The amount of community service will reas4nably ~elate to the comparable value of penaities assessed against the violator. The rate at which civil penalties are worked off under this subsection is $10.00 per hour. 1'he City shall take into consideration the severity of the violation, any history of previous violations, and practical and legal impediments in considering whether to allow community service in lieu of paying penalties. 17.60.290 Civil Penalties - Waivers 1. Civil penalties may be waived or reimbursed to the payer by the City under the following ~circumstances: ~ a. The notice and order or stop work order was issued in error; . ~ b. The civil penalties were assessed in error; . i c. Notice failed to reach the property owner due to unusual circumstances; or d. New, material information warranting waiver has been presented to the City since the notice and order or stop work order was issued. 2. The City shall state in writing the basis for a decision to araive penalties, and such skatement shall become part of the public record unless privileged. 17.60.300 Civil Penalties - Critical Areas 1. The compliance provisions for critical areas are intended to protect critical areas and the general public from harm, to meet the requirements of Chapter 36.70A RCW (the Growth I'Jranagement Act), and to further the remedial purposes of this article. To achieve this, persons responsible for a code violation will not only be required to restore damaged critical areas, insofar as that is possibfe and beneficial, but will also be required to pay a civil penalty for the redress of ecological, recreational, and economic values lost or damaged due fo their unlawful action. 2. The provisions of this section are in addition to, and not in lieu of, any other penaity, sanction, or right of action provided by law for other related violations. Paga 35 of 38 12J0612006 Planning Commission Recommended DraR Title 17 Uniforrn Developrnent Code 3. Where feasible, the owner of the land on which the violation occurred shall be named as a party to the notice and order. In addition to any other persons who may be liable far a ' violation, and subject to the exceptions provided in this article, the owner shall be jointly %and severally liable for the restoration of a site and payment of any civil penalties im posed. 4. Violation of critical area provisions of this code means: a. The violation of any provision of SVMC 21.40 Critical Areas, or of the adminisVative rules promulgated there under; b. 7he failure to obtain a permit required for work in a crftical area; or c. 7he failure to comply with the conditions of any permit, approval, terms and conditions of any sensitive area tract or setback area, easement, covenant, plat restriction or binding assurance, or any notice and order, stop wark order, mitigation plan, contract or agreement issued or concluded pursuant to the abov2-mentioned provisions. 5. Any person in violation of SVMC 21.40 Critical Areas may be subject to civil penalties, costs, and fees as follows: a. According to the civil penalty schedule uncier SVMC 17.60.260; provided, that the exact amount of the penalty per violaUon shall be determined by the City based on the physical extent and severity of the violation; or b. The greater of: i. An amount determined to be equivalent to the economic benefit that the : person responsible for a code violation derives from the violation, 'measured as the total of: 1. The resulting increase in market value of the property; 2. 7he value received by the person responsible for a violation; 3. The savings of construction costs realized by the person responsible for a code violation as a result of performing any act in violation of SVMC 21.40 Critical Areas; or ii. Code compliance costs incurred by the City to enforce SVMC 21.40 Critical Areas. 17.60.310 Cost Recovery 1. In addition to the other remedies available under this article, upon issuance of a notice and arder or stop worfc order the City shall charge the cos#s of pursuing code compliance and abatement incurred to correct a code violation to the person responsibfe for a code violation. These charges include: a. Reasonable Legal Fees and Costs. For purposes of this section, "reasonable legal fees and costs" shall include, but are not limited to, legal personnel costs, ' both direct and related, incurred to enforce the provisions of this article as may be allowed by law; and . Page 38 of 38 12/06/2006 Planning Commission Recommended Draft Title 17 Uniform Qevelopment Code b. Administrative Personnel Costs. For purposes of this section, "administrative ~ personnel costs" shall include, but are not limited to, administrative employee - costs, bo4h direct and related, incurred to enforoe the provisions of this article; and c. Abatement Costs. The City shall keep an itemized account of costs incurred by the City in the abatement of a violation under tihis article. Upon completion of any abatement wortc, the City shall prepare a report specifying a legal description of the real property where the abatement work occurred, the vrork done for each property, the itemized costs of the work, and interest accrued; and . d. Actual expenses and c.osts of the City in preparing notices, specifications and contracts; in accomplishing or contracting and inspecting the work; and the costs . of any required printing, mailing, or court filing fees, . 2. Such costs are due and payable 30 days from mailing of the invoice. 3. All costs assessed by the City in pursuing code compliance and/or abatement create a joint and several personal obligations in all persons responsible for a_violation. The office of the City Attorney, on behalf of the City, may collect the, costs of code compliance efforts by any appropriate legal means. 4. In addition to, or in lieu of, any other state or local provision for the recovery of costs, the City may, after abating a violation pursuant to this article, file for record with the Spokane County auditor to claim a lien against the real property for the assessed costs identified in ihis aRicle if the violation was reasonably related to the real property, in accorctance with any lien provisions authorized by state law. 5. Any lien filed shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, +,vith which it shaU share priority. The City may cause a claim for lien to be filed for record within 90 days from the later of the dafe that the monetary penalty is due or the date the worfc is completed orthe nuisance abated. The claim of lien shall contain sufficient information regarding the notice and order, a description of the property to be charged with the lien, the owner of record, and the total of the lien. Any such claim of lien may be amended from time to time to reflect changed conditions. Any ~ such lien shall bind the affected property for the period as provided for by state Iaw. 17.60.320 Collection of Civil Penalties, Fees, and Costs The City may use the services of a collection agency in order to collect any civil penalties, fees, costs, and/or interest owing under this article. 17.60.330 Abatement 1. Emergzncy Abatement. Whenever a condition constitutes an immediate threat to the public health, safety or welfare or to the environment, the City may 'summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the persan responsible for the violation as soon as reasonably possible after the abatement. 2. Judicial Abatement. The City may seek a judicial abatement orcler from Spokane County superior court, to abate a condition which continues to be a violation of ttlis code where other methods of remedial action have failed to produce compliance. % Page 37 of 38 ti tiasrzons Planning Commission Recommended Draft Title 17 Uniform Development Code 3. The City shall seek to recover the costs of abatement as authorized by this chapter. 17.60.340 Code Compliance Abatement Fund - Authorized All monies collected from the assessment of civil penalties and for abatement costs and work shall be allocated to support expenditures for abatement, and shall be accounted for through either creatlon of an account in the fund for such abatement costs, or other appropriate accounting mechanism. 17.60.350 Judicial Enforcement - Petition for Enforcement 1. In addition to any other judicial or administrative remedy, the office of the City Attorney, on behalf of the City, may seek enforcement of the City's order by filing a petition for enforcement in Spokane County superior court. 2. The petition must name as respondent each person against whom the City seeks to obtain civil enforcement. 3. A petition for civil enforcement may request monetary relief, declaratory relief, temporary or permanent injunctive relief, and anyother civil remedy provided by law, or any combination of the foregoing. 17.70 Fees and Penalties 17.70.010 Master Fee Schedule All fees and penalties for development permits, formal interpretations, violations of provisions of this development code ar allowed appeals shall be set forth in the City of Spokane Valley Master , Fee Schedule. A copy of tfiis schedule shall be available at the Community Development . : Department. Page 38 of 38 12106f2006 Pianning Commission Recommended Draft TiUe 18 Uniform Development Code ~ `Title 18 ~ Boards and Authorities 18.10 Planninq Commission 18.10.010 Establishment and purpose There is created the City of Spokane Valley Planning Commission (hereafter referred to as the , 'Planning Comrnission"): The purpose of the Planning Commission is to study and make recommendations to the Mayor and City Council for future planned growth through continued review of the City's comprehensive land use plan, development regulations, shoreline management, environmental protection, public facilities, capital improvements and other mafters as directed by the City Council. 18.10.020 Mernbership • 1. _Qualifications. The membership of the Planning Commission sti;all'co,nsist of individuals . . . _ _ . - _ . . . . . . who have an interest in planning, land use, transportation, capital infrastructure and building and landscape design as evidenced~by training, experience, or interest in the City. ` l ~ 2. Aoooinkment. Members oF the Planning Commission shall ' e nominated b~,tlie MaYor Y and confirmed by a majority vote of at least fourmerri6ejs of the City Council. Planning Commissioners shall be selected without respect to political affiliations and shall serve without compensation. The May~,when considering appointments, shall attempt to ~ \ \ select residents who represent various interests and.lacations within the City. ~ \X ~ 3. Number of MemberslTerms. The~'Planning•Commissio\shall consist of seven members. ~ . t~a ~ ~ _ ~ _ _ . . All members shall reside withm thelCity. Tetm<s:shall-be for~ajhree-year period, and shall expire on the thi first d'ay of DecemtiVi~ " 4. Removal. Mem6ers of e Lommissio'n,.1-hay be removed bY the MaYor, with the concurrence'of the City Council, for nelect of dutyconflict of interest, malfeasance in office, or other just cause:,or for unexcused``absence from three consecutive regular meetings. Failure to qualify as i residency~shall constitute a forFeiture of office. The d~sion-of the CitytCou~ il regarding ~bership on the Planning Commission shall be ~na nd w\ou\ pp\I~ 5. Vacancies. Vacancies that occur other than through the expiration of terms shall be filled for the unexpired~fe`h\ in Ithe same rnanner as for appointments. - • 6. Gorlflicts of Interes~tMember\s-dfi-the Planning Commission shall-fully comply with - - - • Cha.pter 42.23 RCWt C~ode of Ethics for Municipal Officers; Chapter 42.36 RCW, Appeal~ance of Fairness; and such other rules and regulations as may be adopted from time to time,by theZ6ity'Council regulating the conduct of any person holding appointive office withm I~e,6ity~o elected official or City employee may be a member of the Planning Commission. - 18.10.030 Meetings - Rules 1. The Planning Commission shall every year organize and elect from its members a chair, who shall preside at all meetings of the commission and perform such other functions as - determined by rule. A vice-chairshall be elected to preside in the absence of the chair. A majority of the commission members shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to carry any proposition. 2. l'lie commission shall determine a regular meeting schedule (time, place and frequency) J and shall meet at least one time every month. All meefings shall be open to the public. ' Page 1 of 4 12-6-06 Planning Commission Recommended DraR TiUe 18 Uniform Development Code 3_ . The commission shall adopt such rulss and procedures as are necessary for the conduct of business and shall keep a recording of its proceedings. _ _ 4. All hearings before the Planning Commission shall be conducted in the manner set forth in Appendix B. 18.10.040 Staff support Administrative stafF support to the Planning Commission shall be provided by the City's Community Development Department (hereafter referred to as the °Department'). In addition, the Commission, through its chair, may request formal opinions or memorandums from the City Attomey or Community Development Director (hereafter referred to as the "Director") on any . pending matter. - 18.10.050 Duties and responsibilities 7he Planning Commission, as an advisory body to the City Council, shall perform and have the following duties and responsibilities: . . . . . , 1.. Assist in the preparation of a comprehensiv.e lan_land de' velo \ t re ulations in compliance with Chapters 36.07A and 35A.63 RCW, including the.est blishment of procedures for early and continuous public parficipation in the development and amendment of the comprehensive plan and the development regulations~ 2_ Review plans and regulations related to and use manag ment, shoreline management, environmental policy, transportation systems;\public,facilities and capital infrastructure planning and development; 3. Upon request from the City Nianager or City Council;, view otential annexations to the City; ~ \~p . . 4. Where design review is required by land use,ordinances of the City, perform such design . . . v / . , ~ . _ review,unless ttiat re.view,is delegated`to some,ottier appomteti'5otiy or City staff;- 5. Identify issue,a ~:re mm d prionUes for geagraph~ ic b-areas including park and open space areas in the Cify; ) 6. Meet and c~o~nfer\with the Hearin Exa \er to revieu~ the administration of land use policies and ordinances•to,enfiance the planning and permitting process; v ' • T. Make peno`dic writtenand oral report;~s t6..the City Council addressing work in progress ,9j-ofhe ignifcant matters relating to the City; 8. Hold public hearings in lh e cercise of duties and responsibilities; .__..~.._W . 9\~ rform.suc h o t her:d\#ies a d powers as may be con fer.r.e d l zy_or. dinance, reso lu tion.or. motion of the City Cou ncil. ' Unless otherwi\assumed~b~y~he City Council, the Planning Commission shall hold all public hearings required~ be held n the course of adoption or amendment to the comprehensive plan, the development regulations, adoption or amendment of the zoning map, or adoption or amendment of regulatioos for the subdivision of land, shoreline management, environmental regulations, and other land use ordinances of the City. 18.20 Hearina Examiner 18.20.010 Authority The Hearing Examiner system is established in accordance weith the provisions of RCW 35A.63.170, 36.70B.120(3) and chapter 58.17 et seq, and SVMC 2.56. Page 2 of 4 1a-6-as - Planning Commission Recommended Draft Tide 18 Uniform Development Cvde ( ~18.20.020 Powers and Duties . The Hearing Examiner shall have the following powers and duties: 1. The Hearing Examiner will receive and examine available information, make site visits, take official notice of matters, conduct public hearings, prepare a record thereof, and enter findings; decision or reoommendations as provided in this section. • a. The Hearing Examiner shall hear the following matters: i. Applications for variances; ii. Conditional use permits; iii. Special use permits; iv. Shoreline Permits, when a public hearing is r.guiied; v. Preliminary plats; • • •vi. Appeals from any administrative decision of the department of community - • development or the building officiai in the administratio\nor enforcement of the Spokane Valley Uniform Development Cade or otherIland use code or regulation; vii. Appeals on State Environmental,Policy Act (SEPA) determinatio s. viii. Site specific zone~changes o\prop y, including any environmental determination (und&iSEPA); \n.n,, ix. Planned unit dev I p n~ ludinenvironmental determination ~ (under SEPA and ~ J . . . . . ~ ~ . . . x. Any,o h rapplic~tions or, appeals that the..`~City Council may refer by motion or ordinance, spe~ifically~decl aring that the decision of the Hearing Examiner ~a \ appeale'd to the City` ` ~cil. b. All h a~ngs before the Hearing Evminer shall be conducted in the manner,set forth m Appendix,B. . :c ppea's_,of\ y decision of the Hearing Examiner shall be as is set forth in SVMC ti\: ~ 17.50\ . 18.30 Community Develo ment,Director 18.30.01~~ The Communrty Development Director shall have the following responsibilities: 1. To advi e`the Plai g Commission and the City Council concerning matters related to planning and~tFiv•administration of SVMC 7itles 17 through 25, (Uniform Development Code(UDC)); 2. To implement the provisions of the UDC in conformance with the directives of the City Council and the UDC; ' -3. To regularly update the comprehensive plan and official zoning map; -4. To make recommendations concerning proposed changes and amendments to zoning regulations and the official zoning map; and . 5. To review site plans for conformance with the requirements of the UDC. , ; . Page 3 of 4 12-&-06 , Planning Commission Recommended Draft Title 18 Uniforrn Development Code . 18.40 Buildinq Official -18.40.010 - The Building Onicial shall have the following responsibilities: 1. To revievr all plans for construction for conformance with the UDC and to administer the provisions of building codes adopted by the City Council; 2. To make recommendations concerning amendments to the adopted Building Codes; 3. To enforce the provisions of SVMC Title 24 - Building Codes. 4. To enforce the provisions of nuisance ordinances in conformance with the requirements of SVMC 7.05. 18.50 Public Works Director . 18.50.010 The Public Works Director shall have the following responsi6ilities: 1. To review all street and drainage construction,plans for conformance~with the UDC and to administer the civil engineering construction cocles adopted by the City Council; 2. To advise the Planning Commission andrthe~~ty Council~conceming matt s.related fo tfie administration of the civil engineering provisions af the•UDC; -1V 3_ To regulariy update the Street and Utility De gn Stand ds and the Regional Stormuiater Design Standards; 4. To revietiv site plans for conformli, the civi\ ineering repuirements of the UDC. . ~ A g~ ~ . . 5. To oversee the construction of public. infrastructure for c~nformance with the civil . . engineering provisionslof the UDC. • ~ ~ v - - - - - Page 4 of 4 12-6-06 Public Hearing Draft Title 20, Uniform Development Code Revision #1 for Council ARta 01-02-07 ; Title 20 - Subdivision Regulations 20.05 Authoritv. This title is established in accordance with Revised Code of Washington (RCVI) Chapter 58.17 which authorizes cities to administer the process for the division of land. 20.10 General Provisions. 20.10.010 Purpose. ; Pursuant to the purposes set forth in RCW 58.17.010, the regulations included contained in this titte are necessary to: . 1. Promote the health, safety, and general welfare in accordance with standards , , . established by the State and the City; 2. Promote effective use of land by preventing the'overcrowding or scattered development wfiich +nrould be detrimental to health, safety, or the general welfare due to the lack of water supplies, sanitary'sewer, drainage,, transportation,'or other public services, or excessive expanditure of public funds foc such services; i i 3. Avoid congestion and promote safe and convenient travel by the public on streets • and highways through the proper planning and coordination of new streets within subdivision with existing and planned streets iri the surrounding community; . ~ 4. Provide for adequate light and air; ~ 5. Provide for adequate water, sewage, drainage; parks and recreational areas, sites for schools and school grounds, 'and other public requirements; 6. Provide for /prope ingress. and egress; 7. Provide"for housing and commercial needs of the community; ~ Z._ 8. Require uniform.monumentation of land~divisions and conveyance of accurate legal descriptions; 9:. Protect erivironmentally sensitive areas; 10. Provide for flexibility in site,design to accommodate view enhancement and 'protection, protection of sEreams and wetlands, proteckion of steep slopes, and other environmentally significant or sensitive areas; 11. To ensure consistency with and to further the goals and policies of the Comprehensive Plan; and . f' 12. To provide a process for the division of land for the following: a) Shortsubdivision: the division of land into nine (9) or fewer lots, tracts, parcels, sites or divisions with a level of review that is proportional to the effect those lots may have on the surrounding area. b) Subdivision: the division of land into ten (10) or more lots, tracts, parcels, _ sites or divisions with a level of review that is proportional to the effect those . lots may have on the surrounding area. c) Binding site plan: An alternative method of dividing property interests and applying to the division of any land for sale or lease which is zoned for L.. : ' Page 1 of 15 Public Hearing Draft Title 20, Uniform Development Code Revision #1 for Courtcil Mtq 01-02-07 commercial, business, office, or industrial development, or which is to be , developed as condominiums or a manufactured home parlc. ' 20.10.020 Exemptions. The provisions of this title shall not apply to: 1. Cemeteries and other burial plots while used for that purpose (RCW 58.18.040 (1)); 2. Divisions made by testamentary provisions, or laws of descent (RCW 58.17.040 (3)); 3. Division of land into lots or tracts if such division is a result of subjecting a portion of the parcel or tract of land to either RCW 64.32 (Horizontal Regimes Act) or RCW 64.34 (Condominium Act) subsequent to the recording of;a_binding site plan for all such land (RCW 58.17.040 (7)); , • , , . 4. Division of land due to condemnation or sale under threat tFi'eeeof, by an agency or division of govemment vested with the power of eminent domain; and 5. Divisions or acquisition of land for public right-of-way. 6. A division of land for purpose of leasing land for faciliti,es providing personal wireless services while used for that purpose. (RCW 58.17.040(8)) 7. A division of land into lots or tracts of less than three acres that is recorded in . accordance with RCW 58.09 used• or to be used for construction and operation of consumer or investor owned electric'utilities to meet 'the electrical needs of a utilfty's existing and new customers as.set forth in\RCW 58.17.040(9). . , ~ 20.10.025 Legal Lot. Development shall be permitted only on legally, created lots. A lot is created in compliance with applicable state and local land segregation statutes or codes in effect at the time the lot was created, including but not limited to demonstrating the lot was created through one of the following: 1. Lots created through subdivision, a plat approved by the City or Spokane County separately describing the lot in question; or 2./: Lots created,through short subdivision, a short plat approved by the City or Spokane " County separately describing the lot in question; or . 3: •A deed, contracf of sale, mortgage, property tax segregation, plat, or recorded , survey describing the lot in question if the instrument was: \a,, Executed prior to March 24, 1980 for subdivisions (effective date of County°s first subdivision ordinance) while the lot in question was under Spokane ,.County jurisdiction; or b. Ezecufed'prior to March 13, 1978 (effective date of County's first short subdivision ordinance) for short subdivisions while the lot in question was under Spokane County jurisdiction; or c. Executed prior to July 1, 1969 (effective date of RCW 58.17). \ \Page 2 of 15 Public Hearing Draft Title 20, Uniform Devetopment Code Revision #1 for Gouncil Mtq 01-02-07 20.10.030 Approval required prior to recordation. Any map, plat or plan hereafter made of a proposed short subdivision, subdivision or binding site plan, or any part thereof, shall be presented for approval and be recorded as set forth in SVMC 20.30.040. No such map, plat or plan shall be recorded or have any validity unless or until it has the approval of City departments and agencies with jurisdiction as required by this title. 20.10.040 Prohibition against sale, lease or transfer of property. No person shall sell, lease or offer to sell or transfer any lot, tract or parcel subject to the requirements of this title without first receiving approval hereunder and, recording the approved division with Spokane County; provided, that if performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract or parcel of land is expressljr conditioned on the recording of the subdivision, short subdivision or binding site plan containing tFie lot, tract, or parcel, the offer or agreement does not violate any provision of this Title.,:- - 1 20.10.050 Vertical Datum. . . Where topography is required to be shown, the land sufvey data must be based'on the National Geodetic Vertical Datum (NGVD-88). 20.10.060 Monumentation. ~ ~r' • . ; .i Monumentation shall be established as required by City const'ruction standards. In addition, 11 every lot corner shall be marked with an iron rod or iron pipe marked in a permanent manner with the registration number of the professional land surveyor, in c\rge of the survey. 20.10.070 Professional Land Surveyor. ~ The preparation of all preliminary~and final short subdivisions,_'subdivisions and binding site plans shall be made by or under tlie supervision of a professional land surveyor. The professional land surveyor'shall certify on the final plat that it is a true and correct representation of the lands actually surveyed. A survey is required on all final plats. All surveys shall comply with the RCW 58.09 Survey Recording,Act and survey and land descriptions.(WAC-332-130). 20.10.080 General'De ign./~" The design of short subdivisiori`s; subdivisions and binding site plans shall conform to the ' requirements of all applicable City plans, regulations, and design and development standards. In addition: 1. The design, shape; size, and orientation of the tracts should be appropriate for the use,for which the divisions are intended, and the character of the area in which they are located. 2. Lot arrangement. . ~ a. Side lot lines shall be perpendicular to public street rights-of-way or radial to the right-of-way in the case of curvilinear streets or cul-de-sacs. b. Corner Lots: i. The lot lines at the intersection of two local streets shall run along the hypotenuse of the triangle measured fifteen feet (16-0") from the ' intersection adjacent to the street along the front and side of the lot. ii. The lot lines at the intersection of a local street and a collector or arterial ~ shall run along the hypotenuse of the triangle measured twenty-five feet f'age 3 of 15 Public Hearing Draft Trtie 20, Un'rform Development Cade Revision #1 for Council Mta 01-02-07 (25'-OA) from the intersection adjacent to the street along the front and side of the lot. iii. No corner lot shall be located at right angles to an adjacent interior lot. iv. Property lines at the intersection of public or private streets, and private driveways intersecting public or pnvate streets that exceed one hundretl and fifty (150) feet in length shall be curved and conform generally to the curb line in a manner approved by the City. v. Corner lots serving low density residential development shall have an average width at least fifteen peresnt (15%) greater that the width of interior lots along both adjacent streets to permit building setback and orientation to both streets. - • c. Lot Dimensions: i. Lot dimensions shall comply with the_minimum standards established in SVMC 22.40. ' / . ii. Flag lots are prohibited. Reverse' flag lots providing access to alleys or amenities located to the r`eae of the propert'y,are permitted. iii. No lot shall have an average depth greater than three times its average width. . d. Double Frontage Residential Lots: i. Double frontage and reverse frontage lots shall be avoided except where necessary to separate residential development from arterial roadway or to ove.rcome specific disadvantages of topography and orientation. . , ii. When lots 6ack,to arterials, a screening device shall be installed on the ~ lot(s) limiting;visibility between the arterial and the adjoining lots in accordance,witli SVMC 22.80 or 22.90. , . . iii. No\building,,ezcept buildings designed and constructed as two-family dwellings,or one-family attached dwellings, shall be constructed on or ' across existing lot lines. Where buildings are designed and constructed on or across lot lines, the building shall be located so that the common wall separating the individual living units are located on and along the'common lot lines of the adjoining lots. 3. Block dimensions should reflect due regard to the needs of convenient access, public safety, emergency vehicle access, topography, road maintenance, and the provision of suitable sites for the land use planned. . a. Block Length. Blocks shall not exceed 800 feet except as provided in the zoning regulations for estate lots, unless unique characteristiGS associated with the land such as creeks, woods, or parics, justifies a longer length. b. Block Labeling. Bloclcs shall be identified in sequential alphabetical order. c. Street alignments shall be designed and constructed with appropriate . consideration for existing and planned roads, anticipated traffic pattems, topographic and drainage conditions, public safety, and the proposed use of the land so divided. Page 4 of 15 Public Hearing Draft TiUe 20, Uniform Development Code Revision #1 for Council Mta 01-02-07 . ~ 22430 t. St2fld3FdSc 4. When a tract is subdivided into lots of one acre or more in size, the Community Development Di rector(here after referred to as the "Director") may require an arrangement of the tracts and roads, such as to permit a subsequent redivision in conformity with roads or plans adopted by the City. 5. Lots should not be divided by the boundary of any c'rty, county, zoning designation, or public right-of-way. 6. Every lot shall have direct access to a paved public street; private street, or private driveway easement. j ~ • ~ •,i 7. Prior to filing the final short subdivision, subdivision or binding site plan application, the applicant shall improve or make appropriate provisions for the construction of the public or private streets or private driveways that~provide access to lots being created through the short subdivision, subdivision, or binding site plan consistent with appropriate City adopted standards.: A. .8. Wastewater design shall be in compliance with all applicable City and other agencies' regulations. , . 9. Adequate public domestic water supply and/or fire protection shall be provided in compliance with all applicable City and other agencies' regulations. ~ . ,10. All road desiQns shall be con'sistent with SVMC 22.130 and adonted street standards. 4011. Provisions for stormwater runoff shall fie in.~compliance with City guidelines for stormwater management as set forth in SVMC 22.150 ~ 121. Easements for electric;.water, sewer, gas, and similar utilities shall be illustrated on the final short plat, plat;, or binding site plan. The utility purveyors shall indicate to the Community Development Department (hereafter referred to as the'Department') in writing that tFie easements are adequate for their service needs. ~ 4-213. The short subdivision, subdivision; `or binding site plan shall provide underground `ufilities ~within public rights-of-way, alleys or utility easements including, but not limited to, tfiose for electricity, communications and street lighting. When conditions . `.make underground installation impractical, the Director may waive the requirement ' for underground utilities. ~ 20.10.090 ~ Findings. , Prior to approving any preliminary short subdivision, subdivision or binding site plan, the Department in the case ofshort subdivisions and binding site plans or the Hearing Examiner in - the case of subdivisions,, shall determine and make written fndings of fact that appropriate provisions are made for the following: 1. The public health, safety, and general welfare; . 2. Open spaces; 3. Drainage ways; 4. Streets or roads, alleys, sidewalks, and other public ways; 5. Transit stops; Page 5 af 15 Public Hearing Draft TiUe 20, Uniform Development Code Revision #1 for Council Mta 01-02-07 6. Public potable water supplies; 7. Sanitary sewer; 8. Parks and recreation; 9. Playgrounds, schools and schoolgrounds; 10. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; 11. Whether the public interest will be served by the short subdivision, subdivision, and binding site plan; 12. The proposed short subdivision, subdivision or binding 'site plan is in conformity with all applicable development code provisions; and . 13. Other requirements found to be necessary and appropnate...\ . . ~ . 20.20 Preliminarv Short Subdivisions. Subdivisions and Bindin4 Site Plans 20.20.010 Application. Prior to filing an application for preliminary short subdivision; or 6 nding site plan with the Department, it is recommended that the applicant request a pee-application conference pursuant to the provisions of SVMC 17.40 to obtain application forms and receive general information regarding the sho►t subdivision process:_ ;Prior to filing an application for a preliminary subdivision, a pre-application conferencs pursuant to the provisions of SVMC 17.40 is required. 20.20.020 Contents of Application. ` . . , . Every preliminary short subdivision, subdivision or binding site plan shall consist of the appropnate application form, applicable fees and the following: , , i 1. Maps and.exhibits: . • a. Ten (10) c4pies.ofthe preliminary short plat, plat or binding site plan which • shall be a legibly drawn map; eighteen by twenty-four (18x24) inches for short plats; twenty-four by thirty-six`(24x36) inches in size for plats and binding site ' plans.at a sca6o f 1°=50' or 1n=100'. If approved by the Department, an alternative appropriate scale may be used; , - . b. One (1) reduced (8•'%Zx11 or 11x17 inches) copy of the preliminary short plat, plat or binding site plan; `c: One (1) copy of the Spokane County Assessor's'/z section map clearly indicating the subject property. Additionally, all adjacent properties with parcel numbers must be indicated on the'/2 section map. Assessor's maps for peeliminary subdivisions shall indicate the parcel numbers of all properties within three hundred (300) feet of the subject property, unless the applicant owns adjacent property, in which case the map shall show the location and parcel number of all properties within three hundred (300) feet of the applicant's ownership. d. Legal description of the subject property with the source of the legal description clearty indicated; e. Public notice packet; and • , Page 6 of 15 Pubfic Hearing Draft Title 20, Uniform Development Cade Revision #1 for Council Mto 01-02-07 f. SEPA environmental checklist for preliminary subdivisions and binding site plans. 2. Preliminary short subd'rvision, subdivision or binding site plan data (to be included on the preliminary short plat, plat or binding site plan). a. Narne, address and telephone number of the owner of the subject property and the person with whom official contact should be made regarding the short plat, plat, or binding site plan; b. Title of the proposal. c. Location of subject property by section, township and range; d. A written narrative descnbing the proposal including but not limited to the number of proposed lots, nature of surrounding properties, proposed access and timing of phasing of the development. The narrative shall also address compliance to applicable sections of tlie development code and other applicable regulations; e. Vicinity map that clearly indicates the subject property; f. North arrow, scale and boundary of the proposed short plat, plat; or binding site plan; , g. Boundaries of all block, the designation of lots, lot lines and dimensions; h. Location of existing utilities; . i. Location, names and widths of all existing andproposed streets, roads and ~ access easements within the proposed short subdivision, subdivision, or binding site plan and within 100 feet thereof, or the nearest city street if there is no city street within 100 feet of the subject property; . i' j. , All, existing or proposed easements or tracts proposed to be dedicated for any public purpose or for the common use of the property owners of the short plat, plat or binding site plan; k.Location of any natural features such as wooded areas, streams, drainage ways, or critical areas as defined in SVMC Title 21; ~ I. Location of existing buildings, septic tanks, drainfields, wells or other , improvem,ents, indicating if they will remain or be removed; L , m. Whether adjacent property is platted or unplatted. If platted give the name of the subdivision. If the proposed short subdivision, subdivision or binding 'site plan isthe subdivision of a portion of an existing plat, the approximate . lines of the existing plat are to be shown and a copy of the existing plat, along with any and all recorded covenants and easements; n. Topographic information at two foot intervals. Topographic information required by this section must be collected by or under fhe direction of a professional land surveyor; and o. "Site Data Table" showing number of proposed lots, frontage for each lot, lot area for each lot, existing zoning, water supplier, method of sewerage. ~ J Paga 7 of 15 Public Hearing Drafl TiUe 20, Uniform Development Code Revision #1 for Council Mta 01-02-07 20.20.030 Processing Applications. ~ Preliminary short subdivisions and binding site plans are classified as Type II applications; preliminary subdivisions are classified as Type III applications. Both application types shall be processed pursuant to the applicable provisions of SVMC 17.40. 20.20.040 Distribution of Plans. When the department determines that the application is complete pursuant to SVMC 17.40.100, the department shall distribute the application materials to affected agencies. The department or reviewing agencies may request additional information during the review process. 20.20.050 Expiration of Preliminary Approval. Approval of a preliminary short subdivision, subdivision, or binding site plan shall automatically expire five years from the date of approval unless a complete application for a final short subdivision, subdivision, or binding site plan meeting all requirements under this Title is submitted to the City. Extension of time may be granted as provided in'SVMC 20.20.060. 20.20.060 Time Extensions. ~ An application forrn and supporting data for time extension requests must be submitted to the department at least thirty (30) days prior to the expiration of the preliminary short `sub'division, subdivision, or binding site plan. Time extension requests shall be processed as a Type I application pursuant to SVMC 17.40. The director may approve an extension provided.there are no signifcant changed conditions or changed development regulations which would render recording of the short subdivision, subdivision or binding site plan contrary fo the public Fiealth, safety or general welfare; and provided one or more of the following circumstances, is found to apply: ; ~`i ~ 1. That some portion of the existing preliminary short subdivision, subdivision, or binding site plan has beeri finalized sirice the project was approved and the remaining lots would forin a unifed d'evelopment consistent with the original approval; , ~ 2. That the preliminary short subdivision, subdivision, or binding site plan remains generalljr, consistent with original plat'or binding site plan that was approved, and the applicant has taken substantial steps toward finalizing the plat or binding site plan, which shall inclu de at least one of the following: ~ a. Surveying,the lots within the development; , b. Arranging for public services to the site; c~~ Obtaining nlecessary financing for all or a portion of the preliminary short ' .;subdivision, subdivision, or binding site plan; d. The compfetion of studies or other requirements which were part of preliminary short subdivision, subdivision, or binding site plan approval; 3. That at the time preliminary approval was granted, development of the proposal was conditioned upon the extension of public services which are not yet available. This provision shall not apply to public utiliry extensions which the projeci sponsor would normally fund; . If the conditions set forth in SVMC 20.20.060(1), (2), or (3) are met, the department may grant a single one-year time extension. Prior to granting time extensions, the Director shall circulate the ~ Page 8 of 15 Public Hearing Draft Title 20, Uniform Development Code Revision #1 for Council Mta 01-02-07 ~ time extension request to affected agencies for comments. Additional or altered conditions recommended by affected agencies may be required as a condition of this extension. City DepaRments may also recommend additional or altered conditions. The Department shall issue a written decision approving or denying the time extension request and provide copies to affected agencies, the applicant, and those parties requesting a copy of • such decision. Appeals of a time extension shall be flled in a manner consistent tivith the provisions of SVMC 17.50. 20.30 Final Short Subdivisions. Subdivisions, and BindinQ Site Plans 20.30.010 Final Submittal. The final short subdivision, subdivision, or binding site plan shall incorporate all conditions of the preliminary approval. The final short subdivision, subdivision; or binding site plan shall r incorporate all condrtions of approval imposed by the Hearing Examiner. . j All final subdivision, short subdivision or binding site plan submittals shall include the following: , 1. A minirnum of ten (10) copies of the proposed final,short plat, plat or binding site plan; 2. Appropriate fees; . . t- 3. Three copies of a plat certificate. The final short plat, plat or binding site plan shall show: 1. All monuments found, set, reset, replaced or rerrioved, describing their kind, size and location and giving_other data relating thereto; , 2. Bearing trees; comer accessories or witness monuments, basis of bearings, beanng and length-of lines, scale"of map and north arrow; 3. Any other ciata necessary for.the interpretation of the various items and locations of the points, line"s and areas shown;: • , F. 4. Ties to adjoiningsurveys of record. 5.,' The allowable~'error of mathematical closure for the final plat map shall not exceed one foot in eiglity thousand feet or 0.04 foot, whichever is greater. 6. Bearings and lengths are to be shown for all lines; no ditto marks are to be used. 7. Arrows shall be used to show limits of bearings and distances whenever any chance of misinterpretatio.n could exist. 8. Plat bounda ry' and street monument lines having curves shall show radius, arc, central angle and tangent for each curve and radial bearings where curve is intersected by a non-tangent line. Spiral curves shall show chord bearing and length. 9. Lots along curves shall show arc length along cunre and radial bearings at lot corners. If a curve table is provided, it shall show angle for each segment of the curve along each lot, arc length, tangent length, and radius. Radial bearings along lot lines will not be required. 10. All dimensions shall be shown in feet and hundredths of a foot. All bearings and angles shall be shown in degrees, minutes and seconds. Page 9 0115 Public Hearing Draft T'ttle 20, Uniform Developmsnt Code Revision #1 for Gouncil PJrta 01-02-07 11. When elevations are needed, permanent bench mark(s) shall be shown on the final short plat in a location and on a datum plane approved by the City. 12. The final short plat, plat or binding site plan shall indicate the actual net area for each platted lot exclusive of the right-of-way. Lots one acre and over shall be shown to the closest hundredth of an acre, and all other lots shall be shown in square feet. 20.30.020 Contents of Final Plat. All surveys shall comply with the Survey Recording Act (RCW 58.09), survey and land descriptions (WAC-332-130), and City standards for road construction. The contents of a final short subdivision, subdivision or binding site plan shall include the following: 1. The final short plat, plat or binding site plan shall be a legibly drawn, printed, or reproduced permanent map. Final short plats shall measure eighteen by twenty-four (18x24) inches. Final plats and binding site plans shall measure twenty-four by thirty- six (2436) inches. A two-inch margin shall be provided on the left edge, and a one- half-inch margin shall be provided at the other edges of the plat: If more than one sheet is required, each sheet shall show sheet numbers for the total sheets. 2_ The file number of the short plat, plat"orbinding site plan; location by section, township and range shall be shown. I/,; ~ . . 3. The scale shall be ffty (1 "=50') or one huridred (17= '100') feet to the inch. If approved by the department, an appropriate scale may be used which does not exceed two- hundred (1°=200') feet to the inch; provided a four-fiundred (1p=400') feet to the inch reduced copy is also submitte\~ 4. A distinct wide boundary line shall delineate the boundary of the short plat, plat or binding site plan. . . . . . 5. The location and widths of streets, alleys, rights-of-way, easements, parks and open spaces proposed within the short plat and those existing immediately adjacent to the short plat shall be shown. Areas to be. dedicated to the public must be labeled. 6. Layout and names of adjoining subdivisions shall be shown within and adjacent to the subdivision boundary. • . . 7. Ttie la'yout,, lot and block numbers, and dimensions of all lots shall be shown. 8. Street names sFiall be shown. - ~ . 9. Street addresses. for each lot shall be shown. 10. Plat restrictions required as conditions of preliminary short subdivision, subdivision or binding.,site plan approval shall be shown. 11. Appropriate,utility easements shall be shown. . . 12. Any special'statements of approval required from govemmental agencies, including those pertaining to flood hazard areas, shorelines, cr'rtical areas, and connections to adjacent state highways shall be shown. 13. A notarized certification by the owner(s) as shown on a current plat certificate shall be provided dedicating streets, areas intended for other public use, and granting of easements for slope and utilities. 14. A certification signed by a professional land surveyor registered in the state of Washington stating that the final short plat, plat or binding site plan was surveyed . and prepared by himself/hersel#, or under his/her supervision; that plat is a true and . Page 10 of 15 Public Hearing Draft Title 20, Uniform Development Code Revision #1 for Council Mtp 01-02-07 ~ correct representation of the subject land; and that monumentation has been established as required by City standards. 15. The City Council authorizes final approval of any final plat, short plat, or binding site plan, if it is reviewed and signed by the following: a. Spokane Valley Public Works Director, b. Spokane Valley Community Development Director; c. Spokane County Utilrties Director; d. Spokane Regional Health Distnct; e. Spokane County Treasurer, . f. Spokane County Assessor; "Y~ g. Water purveyor representative; h. Hearing Examiner for final plats only. 20.30.030 Filing Final Short Plat, Plat or Binding Site Plan. The final short plat, plat or binding site plan shall tie submitted to the Departmerit fo"r review. It shall be routed to appropriate departments and agencies in order to review for compliance with the conditions of approval. Once all reviewing departments and agencies are satisfied all conditions have been met or appropriate bonding and surety. obtained pursuant to SVMC 20.30.040, the final short plat, plat or binding site plan mylar shall be submitted to the Department for obtaining the required signafures: ' Final plats and short plats shall be approved, disapproved, or retumed to the applicant'within thirty days from the date of filing thereof, unless the applicant consents to an extension of such time period. (RCW 58.17.140) The Department shall record the completed fna.l short plat, plat;,or.'binding site plan with the Spokane County Auditor. , . , 20.30.040 Bond in Lieu of Construction Limitations. In lieu of the completion of the actual construction,of.any required improvement prior to the approval of the fnal plat, short plat oF binding site plan, the public worlcs director may accept a bond in an amount and with surety and conditions 'satisfactory to the Director and consistent with the proyision of RCW 58.17:130, only if all of the following conditions are met: 1., The improvement or improvements constitute less than 5% of the total capital : requirements for, the plat, short plat or binding site plan. ' 2. -,The improvement's,will be completed within one (1) year of the date of final approval. 3.," The failure to complete the improvement does not impair the fr.inction or operation of the transportation; sewer, water, or stormwater systems. 4. The aPplicant for the bond does not have any outstanding improvements that have not been timely completed within other plats, short plats, or binding site plans within the City: . I' 5. The impro'vements could not be completed due to weather or product supply. 20.30.050 Phasing. Any subdivision may be developed in phases or increments. Phasing of short subdivisions or binding site plans is not permitted. A master phasing plan shall be submitted with the preliminary subdivision for approval by the department. The phasing plan may be approved by the Director provided: 1. The phasing plan includes all land identified within the legal notice; Page 11 of 15 Public Hearing Draft Title 20, Uniform Development Code Revision #1 for Council Mta 01-02-07 2. The sequence of phased development is identified by a map; , 3. Each phase has reasonable public or private infrastructure to support the number of dwelling units contained in that phase; 4. Each phase constitutes an independent planning unit with facilities, adequate circulation, and any requirements established for the entire subdivision; and provided that any non-finalized portion meets the minimum lot size of the underlying zone for the proposed use; and 5. The Public Works Department approves the necessary documents so that all road improvement requirements are assured for that phase. . A phasing plan may be amended following preliminary approval. Said plan may be approved administratively provided the above criteria are met. . 20.40 Reserved . 20.50 Preliminarv Plat. Short Plat. and Bindinq Site Plan Alterations 20.50.010 Applications. - • y' . . An application may be submitted for any proposed alteration to a preliminary plat, pi~eliminary short plat or binding site plan. The application shall'contain the signatures of the persons having an ownership interest in the plat_or binding site plan: A'preliminary plat alteration is classified as a Type II perm'rt and shall be processed pur'suant to SVMC 17.40. 20.50.020 Preliminary Plat, Short Plat and Binding Site Plan Alterations, Notice, Decision, Filing Plan. ` . Any request for a proposerJ modification to a preliminary short subd'ivision, subdivision, or , binding site plan which has received preliminary app"roval shall be submitted to the department. Any proposed modification which would amend conditions established administratively shall be circulated to affected agencies for review and comment. An amended decision or amended conditions of approval may be required based on comments received from affected agencies. . . . The Director may waive formal- processing if it is'determined that the proposed modification would not have.a substantial impact on adjacenf properties, or conditions of approval. This process shall not apply to amending site plans or conditions thereof established by a hearing body that would constitute a"change,of condition." , Alterations may be approved by the Dieector, if the Director determines that the public use and interest will.be served by the'alteration. Following approval of an alteration, the applicant shall produce a revised drawing of the approved alteration which shall be signed by the Director and filed with the City of Spokane Valley Community Development Department. Any proposed modification which would significantly amend conditions established by the hearing examiner shall be processed as a°change of conditions" pursuant to SVMC f1~7 . 20.60 Final Plat and Short Plat Alterations 20.60.010 Application. An application may be submitted for any proposed alteration to a final plat or final short plat. The application shall contain the signatures of the majority of those persons having an ' Page 12 of 15 Public Hearing Draft Title 20, Uniform Development Code Revision #1 for Council Mta 01-02-07 ~ ownership interest in lots, tracts, parcels, site or divisions in the subject subdivision or portion to be aftered. If the subdivision is subject to restrictive covenants which were filed at the time of approval of the subdivision, and the application for alteration would resuft in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or atter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof. A plat alteration is classified as a Type II Permit unless a public hearing is requested pursuant to SVMC 20.50.020 below in which case the plat alteration shall be classified as a Type III Permit. Both permit types shall be processed pursuant to SVMC 17.40 and in a manner consistent with RCW 58.17.215. - 20.60.020 Final Plat Afterations Notice. Public Hearing. Decision. Filing Requirements. Upon receipt of a completed application for a final plat afteration,the department shall provide notice of the application to all owners of property within the'subdivision, publication in an appropriate regional or neighborhood newspaper or trade journal, and to those owners of property within (300) three hundred feet of that portiori of the plat proposed for alteration. The notice shall include a statement that a public hearing will not be required unless specifically requested within the timeframe indicated below:,; If a public hearing is requested within 14 days of receipt of ttie notice, notice of the hearing . shall be provided as is set forth in SVMC 17.40.120. Afterations to final plats may be approved i`t is determined that the public use and interest will be served by the alteration. ~ Following approval of an alteration, the applicant shall produce a ~e'vised drawing of the approved alteration of the final plat, which shall be signed by the Diiector and filed with the Spokane County Auditor's office to become the lawful plat of the~property. . 20.60.030 Final Short Plat Alterations. Notice. Decision. Filing Requirements. Upon receipt of a completed application for a final !short plat alteration, the department shall provide notice of the application to all owners of property within the subdivision, publication in an appropriate, regional or neighborhood newspaper or trade journal, and to those owners of property, adjacent to that*poition of the short plat proposed for afteration. Aiterations to final short plats may. be approved by the Director, if the Director determines that the public use and interest will be served by the alteration. Following approval of an alteration, tfie\applicant shall produce a revised drawing of the approved alte'ration of the final'short plat, wfiich shall be signed by the Director and filed with the Spokane County'Auditor's offce to become the lawful plat of the property. . ~ ~ . ~ ~ . ~ 20.70 Plat Vacation. ' 20.70.010 Plat Vacation Application. An application may be submitted for the proposed vacation of part or all of a plat. The application shall contain the signatures of the majority of those persons having an ownership . interest of lots, tracts, parcels, sites or division in the subject subdivision or a portion to be - vacated. Psge 13 of 15 Public Hearing Draft TrNe 20, Uniform Devekopment Code Revision 91 for Council Mtq 01-02-07 20.70.020 Plat Vacation - Process. Vacation of a plat is classified as a Type III application. Upon submittal of a complete application for vacation of plat, the department shall process the plat vacation request pursuant to SVMC 17.40 and in a manner consistent with RCW 58.17.212. 20.80 Boundarv Line Adiustments/Eliminations 20.80.010 Scope. Boundary line adjustments shall be a minor alteration in the locatin of lot boundaries on existing lots. The purpose of the boundary line elimination process~is4o remove interior lot lines of a parcel comprised of two or more separate lots with contiguous.,ownership. Boundary line adjustments must be consistent with the following: t. 1. Such alteration shall not increase the number of lots nor diminish in size open space or other protected environments. . 2. Such alteration shall not diminish the: size of any lot so as to result in a lot of less square footage than prescribed in the zoning regulations. 3. Such alteration shall not result in the reduction of setbacks or site coverage to less than prescribed by the zoning_regulations. 4. All lots resulting from the boundary line alteration shall be in conformance with the design standards of this chapter. 20.80.020 Review Process. Boundary line adjustments and eliminations are classified as Type I applications and shall be . reviewed pursuant to SVMC 17.40: 20.80.030 Applicat'ion and Drawing Requirements. . . ~ Application for a boundaryline adjustment,or elimination shall be made on forms provided by the Department and shall provide tfie following information: 1. 'Existing±conditions site plan - produce a to-scale site plan on an 8'/z x 11 inch sheet with one inch'margins on all sides showing the following information: . ; . . . ` a. The existing dimensions and square footage of the existing . ~ property/properties i. nvolved; b. The location and setbacks of any improvements ( i.e. structures, septic systems, etc.) from all property lines; c. ..The location and dimension of all access and utility easements; and : d. The, location, dimensions and names of public and/or private streets abutting the property(ies). 2. Proposed adjustmenUelimination site plan - produce a to-scale plan on an 8'/z x 11 inch sheet with one (1) inch margin on all sides showing the following information: a. The location and setbacks of any improvements ( i.e. structures, septic systems, etc.) after the proposed boundary line adjustment or elimination from the new property lines; Page 14 of 15 Public Hearing Draft Title 20, Uniform Development Code Revision #1 for Council Mto 01-02-07 b. The location and dimension of any access or utility easements after the proposed boundary line adjustment or elimination; c. The location, dimensions and names of public and/or private streets abutting the property(ies) after the proposed boundary line adjustment or elimination; and d. Indicate old property lines with a dashed line and the new property lines with a solid line. . 3. On a separate sheet of paper (8'/ x 11 inches) a wntten legal description for the existing parcel(s) and the proposed adjusted or eliminated parcel(s) with one (1) inch margins on all sides. 4. One (1) copy each of all involved property owners' recotded deeds, verifying current ownership of the subject property(ies). , 5. If available, submit a copy of an original plat,for the subject property. 6. If the boundary line adjustment results in a decrease of distance between a property line and any structure on the site to less than ten (10)jeet from the required setback, a record of survey of the property shall kie completed to prove that no illegal building setbacks will be created as a result of the boundary line adjustment. Tfie survey must be completed by a surveyor licensed in the State of Washington. , 20.80.040 Recordation. ' . • `4 The Department shall record approved boundary line adjustments and eliminations wrth the Spokane County Auditor's Office and su6mit copies of the recorded documents to the Spokane County Assessor's Office. All fees for such recording shall be paid by the applicant prior to recording. ' ~ , . . . . . ~ - ~ . . . . . , _ . Page 15 of 15 :aRAf"f anvAniCC AGE;NDA ` J For F'larui_iiig Discussion Purposes Orily • as of Ucccmber 27, 2006 3:15 p.ni. Pleasc note this is a work ui probress; items are tentative 7"O: Council & Staf-f From: Gity Manager Ite: 17raft Schedule for Upcoming Council Meetings Jgnuary 9,2007, Refular Meetine, 6:00 p.m. [duc date ifuesd'ay; January 2] 1. N:Tf3i.TG FI1~!t.lltlNG`. Uatensidn 6f:U9-:F~7oi)ingr [lU minutes,I 2. Consent A-encla: Claims, Pa}TOl1; Minutes [5 minures] 3. first Reading Ordinancc 07-001 Fxl'ending UR-1 Zone (exTires 03-06-07) -Marina Sukup [10 minutes] 4. First Rcadirig Ordinance 07-002 St Vacation Portion of 15 tlve - Ka.ren Kendall [ 15 minu[es] 5.1'roposed Resolution, rrnployee ReclassificaCion -`C'rish Burns-I-lart [10 minutes] , 6. Motion Consideration: UDC '1"itle 17, 18 and 20 - Maruia Sukup [15 minules] 7. Motion Considcration: Fiber Intemet Service for CenterPlace - Nlike Jacksan 0►11 inutes] AdminisCrative Reoorts: 8. Prpposcd Ordinance tlmending I7angerous Dog Appeals - Cary Driskell [15 minutes] Information Onlv: 9. City Use of Geiger Work Cre,%vs - Cary .Tariskell 10. Confract for ArchitectureAEngineei•inQ, 5er.vices fcir Qi,it'dC,or POol ttenovalion - Nlike.JaC•ksntiR 11. Cycla-Cross (Bicycles) rvent - Mike Jaekson 12. Employee Reclassification -Teish Burns-Hart [estim.ited meeting: 90 minutes*1 Janunrv 16. 2007, Snecial Fvnrkclron 1Neetint, 6: DO,v.m., Decades "Cnmmunity V1'orkshop: Spraoue/Applcway R.evita.lizakinn 1'lan January 23, Z007, ReRular iVieetine, 6:00 p.m. [due date Zuesdal', Januacy 161 1. Coiisent A-enda: Claims, Payroll, iVlinutes (5 minutes) 2. Seconci iteading Ordinance 07-001 rE•xt UR-1 7one (currenll), c.tpires 03-06-07) - Marina Sukup ( 10 minut:es] 3. Second R.eaclin;; Orclinance 07-002 St Vacation Portion of 15'~ Ave - Karen Kendall [10 minutes] 4. First Reading, Proposccl Orciinance Amending llangerous Doa- Cary [)riskell [10 minutes] 6. Motion C:onsidecation: Contract .Awarcl Outdour.Noa( Kennvation - Nlike.f acksqn , [ I O.rriinuCes] Administrative Renorts: 6. Ci .ty Use of Geiger Work Crews - Csry Driskell (15 minutes) 7. Title 21 IJUC - Marina Sukup [60 minutes] 14ormation Onlv: 8. Proposed tUnended Student Advisoty Council Bylaws 9. Sign Cade Committee Update - Marina Suhup 10. nepartrnentRepores [estimated meeting: 120 minutcs"] F~ri~by,'.Imrrrarv 2(' 2Q0.7~a~T.•'iiinl0veE u:1iiili~i`rtYUiiiiier. C'eiilerl'l~ic~ Siiturd.iy, Tanuary 27, 2007. 9 a.m. - 3 p.m. - CtiunciUStaff R'ioter Ftetreiit: CenterPlace L.ounge Teritative Topics: (1) Communications Program; (2) R.eview 2007 Council Goals Januarv 30, 2007. Studv Sessio», 6:00 v.rn. [duc datc Monday, January 22] l. Convcntioii Visifor's Bureau/'I'ourism Promntion Area - I-larry Sladich (15 minutes) ~ 2. UDC Tiklc 21 - Ivtarina Sukup (60 minutes) . 3. Advvice Agenda fldditions - vtayor Wilhite } 4. Council Check-in -Mayor Wilhite } (5 minutes) 5. Ciry Manager Comments -Dave i~!Iercier } TOTAL ATfNi3''1''4S: 80 minutes Drdit Advn.nce Agen<Ia 12l2712006 3:18 P1A Pagc 1 of 2 Februarv 6, 2007. Special MeetinL,, 6:00 p.m. [due date A'Iouday, Januxiy 291 L Consent Agenda: Claims, Payroll, Minutes, ResoluCion A.rnending SAC Bylaws [5 minutes] 2. Secand Reading, Proposed Ordinancc Amendi.ng Iaangerous bog - Cary 17riskell (10 minutesJ 3. Motion Consideration: LTUC Title 21 -`9arina Sukup [15 minutes] 4. Motion Consideration: City Use of Geiger 1'Jork Crews - Cary Deiskell [10 minates] Administrative Reoort: 5. Vacation of Strects, Pa}mient oFValue - vlarina Sukup /vlike Connelly [20 minutes] 6. Proposcci Sidewalk Ordinance -Neil KerstenAi 4ihe Connelly [20 minutesJ 7. Contrncts and 1'urchasint Procedures - Cary Driskell [20 minutes] LnformaCion Onlv: 8. Valleyfest Annual Update - Peggy Doering TQTAL NIII~TITES: 100 minutes EXFCtJTNE SL•SSION: Land Acquisition Februarv 13. 2007 \TO 1W~ETT\TG (AWC Legislative Conference Feb 14-15) Feljruarv 20. 2007, Srudv Sessinn, 6:00 D.M. idue date Monday, Fcbruary 121 1. UDC Title 19 - lvtarina Sukup (90, minutes) 2. Animal Conh•ol Update-Nina Regor (20 minutes) 3. Advance Agenda Additions - VTayor Wilhite } 4. Council Check-in - Mayor Wilhit.e } (S minutes) 5. City Manager Comments - Dave Mercier } Informatinn Onlv: 6. Tit.lc 24 UDC -Marina Sukup 7. Tacpartment Reports TOTAL M.INUTES: 115 miciutes ~TF'lV7'.A.TLVE: Tliursdav. Februarv 22. 2007. Snecizi) Studv Session, 6:011 n.rn. (secnnd floor conference room) WC '1"itle 19 - Mitrina Su"p Februarv 27. 2007, lteizuilar D'Ieetinz, 6:00 tn.m. [duc datc jFucsda3j Febru.iry 20] sThursdav, M'arch 1., 2(1117. 6:00 p.cn. :loiut CouncillPlannina CotumissionA'Tcetind Spra~ue/t~pplcwav 12rviialii.a[ic~n=Plaii Meeting place TBA March 6, 2007, Studv Scssion. 6:00 D.M. (due date Monday, I'ebruary 261 1. Motion Consideration: iJDC Title 19 - Mariua Sukup (15 minutcs) 2. Animal Conh-ol Update - Nina Regar (20 niinutes) AILC Convressianal Ci1v Confere,7ce. Murc{r I q-14. 2007_ D.C. O'1HER PENnTNG AND/QR UI'CUMCNG ISSU"ES/~1'lEET1NGS: H irst Quairtee CenterPlace Rentals - M.ike Jackson Noise prdinancc (Construction Activiry) iN4odifieci Crime Check/Crime Reporting Central Valley School District Impace Fee Rcyuesc Sewer Collection Systems - \zeil Kersten Site I.ot.ator . Accident Statisrics along Broadv,-ay - October, 2407 estimated mecting time does not include time far public comments] rJraft Advance Agenda 12/27/2006 3:1$ YNl Page 2 of 2 CITY OF SPOKANE VALLEY 1 Request for Council Action Meeting Date: January 2, 2007. City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business 0 public hearing 0 information ❑ admin. report Z pending legislation AGENDA ITEM TITLE: Information (First Touch): An ordinance extending the UR-1 Urban Residential Estate Interim Zoning for a fourth six months in the Ponderosa and Rotchford Neighborhoods and amending the findings of fact and work plan. GOVERNING LEGISLATION: RCW 35A.63.220, Spokane Valley Ordinance 05-025 PREVIOUS COUNCIL ACTION TAKEN: Ordinance No. 06-019 extending the Interim Zoning for an additional six months to coincide with the adoption of Spokane Valley Development Regulations. BACKGROUND: An interim zoning ordinance may be renewed for one or more six-month periods if a public hearing is held and findings of fact are made prior to each renewal. The purpose of interim zoning is to maintain a status quo. The UR-1 interim zoning does not impose a moratorium on construction, but does restrict further subdivision of land within the Ponderosa and Rotchford neighborhoods. The Interim UR-1 Urban Residential Estate Zoning was originally effective on September 8, . 2004. A third renewal of six months was authorized until March 6, 2007. The updated work plan had anticipated completion of development regulations, design guidelines and performance standards implementing the Spokane Valley 2006-2026 Comprehensive Plan prior to this date. The completion of development regulations is not expected to be complete until March 31, 2007, with actual rezoning with notice to affected property owners within six months thereafter. It is anticipated that the development regulations will provide for an °R-1 - Residential Estate Zoning District", with the same or similar provisions as those of the interim UR-1 district. The City has received a single objection to continuance ofi the interim zoning regulation. The objection centered on the minimum 40,000 square foot requirement for new lots. OPTIONS: RECOMMENDED ACTION: A public hearing and a first reading of the ordinance are scheduled for the January 9, 2007 Council meeting. BUDGETIFINANCIAL IMPACTS: Not applicable. STAFF CONTACT: Marina Sukup, Community Development Director ATTACHMENTS: Draft ordinance, Findings of Fact, Amended Workplan ~ J DRAFT ~ CITX OF SYOICANE VALLFY SFOKANE CO[1r°TY, WASffiIVGTON Ok21)1NANCE \O. 07-001 AN ORDINANCF OF THE C1TY OF SPQKANE VALL,EY, WASA7NG'10\', EXTFNDING `I'lff URBA\7 R.FS.T_1)EN'TIAl, ESTATE (iJR-1.) LV'rE171M ZONiNG ACITHUI2IZED IiY ORDINANCE \o. 04-035 k'OR AN AUDITIONA-L SiX MONTHS BEYONI) THE THIRD FXTE.NSIOrT API'120VFD BY ORAINANCE Na 06-01.9 TN TFTF PONDEROSA A\''D RQTCWTORn AREAS; ANll A1IE NDIiNG T.l~ Fli\°D1NCS OF FACT Ai'Yt) WORiCPLAN. \ArHTREAS, The Growrth Management Act provides that all zoning regulations be cansistent with an adopted Comprehensivc Plan (RCW 35A.63.105); and WI-TEREAS, RCtiV 35A.63.220 provides for establish.ment of interim zoning for up to one year foUowing a public hearing where a Work plwi is developed for related studies; anci WHEftEAS, the interim zoning may be extended for one or more six-montli periods if a subseyuent piibGc hearing is held and findi.ngs of facl are made prior to each rene«ral; antl WHFLZ.EAS, the Spokane Valley Develnpment Regulations will be finalized on or bef'ore 'March 31, 2007; and WI-TrRFAS, the neighborhoods desire to cont:inue the Interim Goning until such time as fiill analysis lias been completed; and ( 1 1VHER-EAS, follAwing apublic hearing and the adoption of rinclings and a revised Workplan, Ordinance No. 06-001 extended the interim zoning for a period of six months until September 6, 2006, and Ordinance No. 06-019 fiirther extended the provisions until March 6, 2007; and 1'VI-I,ER.FAS, the City Cnuncil held a public hearing on Jznuary 9, 2007 and approved revised the Findings of Fact and Worlcplan. NOW, '1`1-IERC.rORE, the City Council of the City of Spokane Valley, 1'Jashington, orclains as follows: Section 1.. The Intericn Urban ResidentiAl Estate (UR-1) Zoninv is hereby extended fc~r an adclicional six mouth period until September 6, 2007 witliin the original bounciaries and subject to the rebulations set forth in Spokane Valley Orclinance No. 04-035. Section 2. . Severabilitv. If any section, sentence, clause or phrase of ehis nrdinance shall be held to be invalid or unconstitutional by a eourt of competent jurisdictiun, sueh invalidiry or unconstitutionality shall not affect the validity or constitutionality of any other section, se.ntence, clause ar phrase of this ordinance. Sectiun 4. Hffective Taate This Ordinance shall be i.n full force and effect five days after publication of this Ordinancc or a summary thereof occurs in the oflicial newspaper of the City as provided by law. Ord'uiance 07-001 Fxt UR-1 f'agc I of 2 DRAFT PASSEta by the City Council this day of January, 2007. Mayor, Diana Rrilhite ATTEST: City Clerk, Christinc Bainbridge Approved as to Form: Uff ee of the City Atlorney Date nf Publicxtiqn: Effective Date: Orclinwice 0 7-001 Ext UK-1 Page 2 oF2 DEPARTMENT OF COMMIJNtTY DEVELOPMENT i~f4 (~F FINDINGS OF FACT ~ RMsED JANUARY 1, 2007 Wky FOURTH EXTENSION OF INTERIM URBAN RESIDENTIAL ESTATE ;00 (UR-1) ZONING FOR SIX MONTHS STAFF REPORT DATE: January 1, 2007 PROPOSAL DESCRIPTION: Extension of interim zoning controls to limit residential densities for a period of six months, and to continue practice of allowing the keeping of large anirnals on cesidential lats. PROPOSAL LOCATION: Portions of the Ponderosa artd Rotchford residential subdivisions. PREPARED BY: Marina Sukup, AICP, Director, Spokane Vailey Community Development Dept. 1. BACKGROUND INFORMATION PROPERTY (NFORMATION: SiZe & Ponderosa: Locateti adjacent to Browne's Mountain on the southem edge af Charactecistics: the City, neighbaring the Dishman Natural Area on the northwest and the Iller Conservation area on the south. Fully developed single-family residential lots generally exceeding one acre in size, served by local access and residential collectors. Limited access to municipal wastewater coltectian system. Temafn hilly with intemnittent streams feedfng Chester Creek. Portion of the subdivision located within the 100-year flaodplain. Large stands of native Ponderosa pines. Abuts a dosed lancffill. Ptatted in phases betwesn 1964 and 1992. Rotchford: Located on the eastem edge af fhe City. Fully developed singEe- famify resfdential lots generally exceeding one acre in size, served by local access and residential collectors. No access to municipaf wastewater collection system. Roll(ng terrafn aburiing steep hills with drainage into Saltese Creek. Saltese Creek is located within the 100-year floodplain. Platted in 1974. Both subdivisions were ariginally plstted as residential subdivisions designed for the keeping of a fimited number of horses. SURROUNDING COMPREHENSIVE PLAN 8 ZONING Subject Comprehenstve Plan - Low Density Residential Properlies: Zoning - Interim UR-1 Residentia) Estate UR-1 Iritenln Zaninq FINDINGS Revfsed Janieiy 1, 2007 1utl II. FINDINGS OF FACT AND CONCLUSIONS The Spokane Valley 2006-2426 Comprehensive Plan provides the following guidance fn re{evant part: CHAPTER 2 LAND USE: Residentlal Goals 8 Polic'tes Goal LUG-1 Preserve and protect the character of Spokane Valley's residentiai neighborhoods. Policies LUP-1.1 Maintain and protect the character of existing and future residential neighborhaods through the develapment and enforcement of the City's land use regulations and joint planning. LUP-1.2 Protect residential areas from impacts of adjacent non-residential iises and/or higher intensity uses thraugh the development and enforcement of the City's land use regulations and joint planning. 1_UP-1 3 Review and revise as necessary, existing land use regulations to provide for innovation and flexibility in the design of new residential developments, accessory dwelting units and in-fill development. LUP-1 4 Encourage the deveEopment of transportation routes and faciiities to serve residential neighbofioods. Special attention should be given to pedestrian circulation. LUP-1 5 Encourage the develapment of parks and the dedication of open space in and adjacent to residential ereas. Open space dedication shall be propoctionate to the size of the development. LUP-1 6 Preserve site characietistics that enhance residential development (trees. bodies of water, vistas, and simflar features) using site planniny techniques such as clustering, planned unit devctopmeiits, transfer of development rights and lot size averaging LUP-1_7 Allow zone changes within the Low Density Kesid?ntial r..Aeyrry cnly when specific critena are met. Criteria may inclufte • Substantial changes : ;r.~ • Clear mapping errors • Adequate facilities and services (e.y. sew,Ur, voater caF+-acity • Consistency with densities in the vicinity of the zone change. Uf2-1 tntarim Zoning FINDINGS Revised .tanuary t, 2407 207 CHAPTER 10 NEIGH80RHOODS: Goal NG-2 Preserve and protect the character of Spokane Valley's residential neighbofioods. Policies 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 joiRt pianning. NP-2_2 Review antl revise as necessary, existing fand use regulations to provide for innovation and flexibifity in the design of new residential developments, accessory dwelling units, and in-fill development. NP-2.3 Encourage the development of parlcs and the dedication of open space in and adjacent to residential areas. Open space ded+cation sha11 be proportionate to the size of the development. NP-2.4 Presenre site characteristics that enhanr.e residential development (trees, bodies of water, vistas, and similar features) using site planning techniques such as clustering, planned unit developments, transfer of development rights, and lot size averaging. NP-2.5 Allow zone changes within the Low Density Residentiat category only when specific criteria are met. Criteria may include: • Substantial changes within zone change area. • Clear mapping enors. • Adequate facilities and services (e.g. sewer, water caRec'ity). • Consistency with densities in the vicinity of the zone change. NP-2_6 Establish appropriate design guidelines with buffer zones and transition requirements to protect residential neighborhoods from incompatible land uses and adverse impacts assaclated with arterials, freeways and rail corridors. NP-2.7 Encourage rehabilitation and improvement pragrams to consen+e and upgrade existing properties and bulldings. NP-2.8 Encourage programs targeted at neighborhood preservation, including Weed and Seed, housing rehabilitation and crime prevention programs, such as Neighborhood Watch, McGnrff Houses, etc. NP-2.9 Integrate retail developments into surrounding neighborhaods thraugh attention to quality design and function. Encourage neighborhood retail and personal services to locate at appropriate sites where local economic demand and design solutions demonstrate compatibility witfi the neighborhood. NP-2.10 Develop guidelines and options for Neighbofiood/sub-area assoc(ations which facilitate the refinement of Neighborhood/sub-area plans. UR• I Interlm Zonfng f-tNDINGS Ravlsod January 1, 2007 3of7 NEIGHBORHODU GHARAC i E Ponderosa: Low dens+ty residential designed for on-premises maintenance of a I; i number of horses. Heavily wooded with nugged teRain in parts. Expansion to the nortnwest precluded because of the Dishman Natural Area and terrain_ Over 95% of lots fully developed. Some remain vacant because of topography. Rotchford: Low density residential designed for on-premises maintenance of a limit~: ! number of horses. Terrain is relatively flat east of Sullivan Road with steep hillside hr~ any easterty expansion_ Equine easements prov(ded on local streets Subdivision is ful! developed. Social Character. Well-organized and cahesive neighborhaod DESIGN QUALITY: Local access and residential collectors deL.y,.c,1 !o of approximafely one acre. Single-family housing is weli-maintained and designed for residential privacy. A limited number of large animals, especially horses is a design thei in both neighbofioods. Although the Spokane Valley 2006-2026 Comprehensive Plan has been adopted, Spokane Valley has not finalized implementing regulations, perfortnance ordes; mn sbndards to assure the quality of residential design to preserve neighhorhood character pursuant to the Plan. ENVIRONMENTAL QUALIT`r Wastewater. Limited access i:) pGV:lG ;11 ifl8 133121i'~i? G1 pIGpf=ily on septic systems. Rotchford Acres relies entirely on septic systems. Re-subdivision co increase residential densities shot_Ai =iol be permittGci at;st:nt an organized.:'3StrLVater collection and treatment system Potable Water. Ponderosa is serv~_-d i:,y (_'ou:-,ry 11,1a!er Cjstr:ct 43, Ro'4.hfr;;'d h,y- Vera Irrigation Dist. #15, both Group "A" Communrty Water Systems. Re-subdivision increase residential densities will require adequate suppty and pressure for domestic consumption and fire pratection. Stormwater: tfie Ponderosa subdivision has intermittent streams that drain to Chester Creek. The contnbution of to the rate and volume of flows from additfonal impenrious cc,. t ~r resutting from re-subdivision could result in an environmental damage as yet undeteRnil-_d for which mitigation would need to be established (n a planned and coordinated mar.r;,i Similar concems conceming drainage which could affect Saltese Creek. A significan~ stream traversing ihe neighborhoad has been reclassified as a Type 4 stream by the Department of Natural Rasources Division of Fish and Wildlife. The implications of tt I ; change have not been assessed_ The Federal Emergency Management Agency pr( to release draft floodplain maps affecting Saftese CreeEc is mid-2008. Erodible soifs- Both the Rotchford and Ponderosa subdivisions include or abut geolc hazard a- densities Native Deer and threatened speci~- Spokane Valley has not yet ima+i<_Ld iinl)[LniCntul3 design standards to assure the continued preservatlon of environmental quatiiy j, outtying areas with limlted public infrastructure and specific environmental condiNons, such as steep slopes, intermittent flooding and highly erodible soils. UR-1 (ntenm Zor1 : f IHDINGS Rev: 1ar,u:]i PUBUC HEALTH 8 SAFETY: Access: Ponderosa: PropeRy Iies west of the Unian Pacific Railroad with anly two points of access. Additional access should be required prior to any increase in residential densities for evacuation and emergency senrices. The evaluation of access will be incorporated in the Natural Hazard Mitigation Plan under development by the City of Spokane Valley in the Fall and Wnter of 2005-2006. Animal Maintenance: The requirements for the maiMenance and upkeep of even a limited number of large animals raises issues of compatibility resulting from noise, odor, proximity to residerttial strudures, fliss, etc.. These issues are compounded with increased residentta( densities artd requirements for buffering for any additional residential densities may be required. Landfill: Ponderosa: The proximity af a cJosed landfill to an increased number of residences requires additional study. Although the Spokane Valley 2006-2025 Comprehensive Plan has been adapted. Spokane Valley has not yet ftnali2ed implementing regutattons, perfornnance or design standards to assure the quality of resldential design to preserve neighborhood character pursuant to the Plan. PUBLIC NOTICE: Current property owners purchased proQerty with notice of existing regulations pertaining to the keepfng of large animals. The Short Plat process requires notice only to adjacer►t property owners. COMPUANCE W17H THE STATE ENVIRONMENTAL POUCY ACT (SEPA): OfdlCteflCe NO. 48 (effective March 31, 2003) adopted on an interim basis by reference the Spokane Environmental Ordinance (Spakane County) thereby implementing the State Environmental Policy Act (SEPA) and Chapter 197-11 of the Washington Administrative Code (WAC) within the jurisdictional limits of the City of 5pokane Valley. An Environmental checklist was completed and a Determination of Non-Significance was issued on April 26, 2004. ConclusEons were based on the finding that a reguJation preserving the status quo would have no adverse environmental impact. Conclusion(s): Implementing regulatlons, perfonnance and design standards implementing tfie Spokane Valley Comprehensive Plan will be finalized on or about March 31, 2007. Re2oning with notice to affected property owners is required pNor to insdtutlon of pecmanent regulations. III. DECISION The Interim UR-1 Residential Estate Zoning adopted pursuant to Spokane Valley Ordinance 04-035 and extended by Ordinance No. 06-001 until September 6, 2006, and until March 6, 2007, should be extended for a fourth six month period untll September 6, 2007 pending finalization of development regulatlons, performance and design standards, in order to presenre neighborhood character, maintain envlronmental quality, and to ensure the continued hoalth, safety and welfare of the areas in accordance with the revised Workplan attached as Exhibit"C". UR-S Intenm Zontng FtNDINGS Revised Jariuary t, 2007 507 - - - - . ~ _ , _ ~ . _ - - 1 - _ i Exhibit "A" ponderosa iPortion) - ~ ~ - . ~ I ~ ~_l ExhiSit "B" I RotchfordAcres - FL /~`•,r' l _ UR-1 lnterim~~~9 FiNDIHGS 2407 January I n-f y Extiib3 'G' nF'v'iSEU U:t•1 Inlenm Loning YVnrx F:nn January 1, ra raVr numa Sbrr Firya+ Ou~t6an w ti. ry rn ar ~ue ~ oe ~w. c.. ~I~.. w 4. wr .v .v t NaIOhSOAwod Chtrstlef I yVZOi I ff1('1DOi I IIw z ~ ~e t~u, y~ I ytrr0oe e,~v ~ 3 De,qn aL.wy I a&uoe mrtw sao 4 IEnvrowmnW ouwwn w:10111 ineooIl uA. s ~ s.lte.. cr," a.-ao yerlaoe Irxioat IMw s Pubk N..W16S." Y&IM wb2m uw I r ►+.zwa Mao..on: Mn. 3enM eWzooe ~ iw 1 a( wNc aoio. ryarwe Wirtom sl ew ~ o~ ~.~r.~o+y rMi.w mnoos xsamt 10 ~ Yzrrlooe sr3unoor I 33. , t Rc:wu~y c«np~.:e lr,.:o07 rl:o2:nr I ,.w I - UR-1 Intenm Zcnmg FINDINGS Rsvised .lanuary 1, 2007 7 ot7 Sji6l&ne ..;,OValley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 549.921.1008 ♦ cityhall@spokanevallcy.org , s-z: . . . ~ . . . . , ...:.as;.. . .;r . _ , s . . . Memorandum To: Dave Niercier, City Manager From: Ken Thompson, Finance Director CC: Nina Regor, Deputy City Manager Date: December 22, 2006 Re: November Monthly Report L7uring November, fivnance employees worked on the following projects: 2007 Budp-et qreparation The 2007 buciget was adopted duruig November alcang with thc 2007 property Gix levy. We expect our assessed value to bc near $5.8 billion (15% increase). Our property taac rate is cstunated at $1.60 per thpusand dollars of assessed value. Budeet varianceluivestatient reoprts Rcports showuig a camparison of revenucs and expenditures, tO oLu- 2006 budget, at November 30, 2006 are dttached. Staff provides infonnatio❑ on all funds quarterly but oilly on selected • operating funcis at the end of other months. If revenues and expenditures flowed to/from the Cicy evenly throughout the year, we would eYpect botli revenues and expenclittires to show about 92% realiied at November 30. Revenues and expenditures do not flnw evenly ihroughout the year, so some distortion is present in almost every monthly rcport. O City revenues and expendittires Nvill be close to our. budget estimates at year end ui the General anci Street Funds. ~ i A comparison of sigii.f.icant 2006 Gcncral Fund revenue to November 30, 2005 revenue indicates: +Sales tax is up $1,374,000 -NReereation fees arE up $330,000+ because Centerplace revenue is exceeding our expectations. However, 2007 fees ~~711 be alloeatEd to that year when we close our books at 12-31-06. This acc4unting adjustrncnt will reduce 2006 revenue. +Investuient income is up $168,000 (more cash on hand and increased intcrest rates) +Ylacuun;/Building Fees are down $544,000 from 2005, but $l fi0,000 ahcad of our most recent budget projections for 2006. "1"he investtorneitt report i5 also attached for your review. ArriEndments to the 2006 buduet The followirig aniendments were made to ihc 2006 budget: +Updaie budget fnr street construction standards +Appropriatc for interest on au uiterfund loan lo the Blocl: Grant F'und -►-Incl.ude potential sEttle and adjust costs for Public Safety +Budget for transfer to the Civic Facilities 1^und +Include casts ror Planning sub-arca plan for 2006 +Paynient tn library district for their share of delinquent pcUperty tax -+-tnclude fla,shing school signal graiit ui budget +Tncreases in Stormwater Fund projects Lodainiz committee nronosal for allocation of room tax The Cily Couneil took forrnal action at tlleic November 28 meeting; to allocate room taY dollars for 2007. Le•ite•rs are being prepa.red to provide notice to agencies that submittEd proposals. C~'Mtilti vear fuiancial nlan Revenuc and cYpenditure estimates are being preparcd for ttie January 27 retreat. City of Spokane Valley Selected Operating Funds Budget Variance Report Year to Dato at November 30, 2006 Amended Budget November YTD Unrealized Percent 2006 Revenues Revenugb Revenue Reafized Goneral Fund Revenues: Unrestrioted Fund Balanco....... $ 1.022,575 S - $ - $ 1,022,575 I'ropeityTax 8,28i,000 2,719,011 7,262,282 1.018,718 87_70% 1 Sales Tax 16,800,000 1,725,965 95,550,602 1,249,396 92.56 Gambling 7ax 910,000 104,826 672,161 237,839 73.86 2 Leasehold Excise Tax 2,500 64 7,319 (4,819) 292.76 Franchise FeesBusiness I.icenses 681,750 4,248 624,917 56,833 91.66 2 State SNared Revenues 1.521,000 981 856,860 264,140 76.44 Planning & Building Fees 1,685,000 94,055 1,847,705 (162,705) 109.66 F'uies and Foileitures 1,250,000 110,665 1,116,292 133,748 89.30 f2ecreation Program Fee.s 385,516 36,220 641,925 (256,499) 166.51 3 Investment Interest 231,300 44,187 371,077 (139,777) 160.43 4 Operating 7ransfers 40,000 - 64,300 (24,300) 160.75 4 General Fund 32,490.649 $ 4,840,218 $ 29}015,440 $ 3,395,201 89.5296 Other Fund Revenucs: Street Fund $ 4,166,856 $ 218,745 $ 3,499,873 $ 666,983 83.99% FioteU~Llofel Fund 400,667 40,308 365,644 35,023 91.26 Stormwafer Fund 1,621,534 524,121 1,463,287 158 247 90.24 Other Funds $ 6,189,057 $ 783,174 5,326,804 $ 860,253 86_.1096 Amended Budget N'ovember YTD Unreafized Perceni 2006 xoenditures Euoenditures Expenditures Realized Gencral Fund Expenditures: Legislative 9ranch $ 304,267 $ 29,667 $ 192,250 $ 112,017 63.18% Executive 8l.egisfative Supparl 470,105 11,987 335,199 134,806 71.30 I'ublic Safcty 17,173,541 1,385,004 15,358,336 1,815,205 89.43 OperatEons 8 Administrative Svcs 1,936,170 109,229 1,595,671 244,499 83.25 PubliC Woitcs 1.005,192 79,023 791,335 213,857 78.72 Planning & Communily I]ev. 2.236,700 264,973 1,727,891 508,809 77.25 I.ibrary Servfces 83,000 8,290 70,887 12,113 85.41 Parks & RecreaSon 1.854,666 161,174 1,526,330 328,338 82.30 Goncral Govemment 7,847,000 577,234 6,260,021 1,586,979 79.78 $ 32,410.641 $ 2,646,581 $ 27,457,920 $ 4,952,721 84.72% Othcr Fund Expenditures: Street Fund $ 4,566,856 $ 205,903 $ 2,889,226 $ 1,277,630 69.34°N MoteIlMoEel Fund 400,667 25,399 253,294 187,373 53.23 5 Stormtivater Fund 1.621.534 93,695 982,580 638,954 60.60 $ 6,589 057 $ 324,997 $ 4.08 100 2,143,957 66.01'h 1212712003 9:15 MJ~ City of Spokane Valley Investment Report , For the Month November 2006 Total _ LGIP" F&M MM Investments Beginning $ 26,130,065.36 $ 1,560,360.93 $ 27,690,426.29 Deposits 1,956,137.93 - 1,956,137.93 Withdrawis - - - Interest 114,018.88 5,610.57 119,629.45 Ending $ 28,200,22217 $ 1,565,971.50 29,766,193.67 Balanccs bv Fund General Fund $ 7,137,709.33 Street Fund 4,518,139.62 _ Arterial Street 877,537.47 Patlis & Trails 16,197.93 Hotel/Motel 404,093.17 Center Place Op 319,851.82 Service Level Stab. 4,599,241.08 Winter Weather Res. 530,396.33 Capitall'rojects 3,240,916.41 ' . Spec. Capital Proj. 3,438,664.46 StreeYCapital Proj. - Mirabeau Point Proj. 374,722.26 5treet Bond Proj. 615,323.98 Parks Capital Proj. 1,153,307.97 Civic Bldg. Cap. Proj. 480,961.34 Stormwater Nrgmt. 1,246,092.90 Equipment Rental 791,337.04 Risk Management 21,700.56 $ 29,766,193.67 "Local Government Investment Pool l \ ' ' FOOTNOTES Note: 1 Most property tax is received in May and November 2 Received quarterly but not calendar quarters 3 Some Centerplace revenues will be recorded in 2007 4 City estimate was too low 5 Requests for reimbursement are light in early months , ~ LJ CITY OF SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT NOVEMBER 2006 MONTHLY REPORT LONG RANGE PLANN/NG: Pienning Commission The Spokane Valley Planning Cammissian met once during the month of November and held a pubiic hearing on the expansion of the Urban Growth Area. Ad hoc Sign Commitbee The Ad hoc sign Commiitee met twice during the month of November, and antiapates that their review shou{d be complete by year end. Long Range Pianning The third Community Meeting for the SpraguelAppleway Revitalization Pfan was held on November 30, 2006, with approximately 90 persans in attendance. The meeting focused on street design akematlves to support proposed land uses. o . • . • - - wReVi'tp11Zptv.011 The City hefd an Open House on November 9, 2006, as the first in a senes to preview the Spokane Valley Shorellne Master Program. CURRENT PLANN/NG: 2006 Lfcenses & Permits Issued 50 40 = ~ - 30 20 - - - 10 - D _ _ .InrF~b Mat AFt M1ay Jun Jul Aug Sep Oc1 Nov :Eii-ma 2ppg 44 25 1 36 34 I 32 I 23 32 ~ 35 24 21 19 Io-2005 41 25 te 34 1 21 1 19 - 6--~ 22 ~ 22 . 15 I 39 I 38 Page 1 of 7 Liiy ;ji s}jokariu Walit}, Departrnentof Community Devcdopri<<_:~,c November 2006 Monthly Report I_.. y'_i, i ' ~ ,J ._.i. . , . . ' . . 2006 Planning Revenues sso.ooo - $4o.oa So.ooo M,ooo ~ t, o o~ I y Jan FaD Mar Apri Mry Junt JulI Auy Sopl Od Nov i O Hcrnnuc 7006 t Revrnue 2005 2006 NE'W I.;:llf{ USi' /aCt1cn.= ~o - - - - ! L~ ~ - 10 O .lan T Feb Mar Apr Moy ,hm ~ Ail ~ Auy Sap cir.t Nr,u (k~: Q 2006 20 15 30 24 21 15 25 I 29 17 19 i 9 I t 2005 15 22 1 20 I 24 1e 1 33 I 28 I 17 17 26 I 18 I.. Revenues generated by the Planning Divisic;n are c, ompare d w.th the 2006 Budget apprcprtat!c,n in the table below. 2006 Planning Revenuea Compared with Budcaet f~nven~~a - Y~ • _ ~ f0 $50.000 5I6ID,oth7 8150,O00 9200.000 . ❑ ticluel VTD Revenue GAnnualOaeQM 4'siii• City of Spokane Valley Departrnent of Community Development November 2006 Monthiy Report BUILDlNG DlVIS10N: The Building Division issued 218 permits in November 2006, compar+ed with383 for the same period last year. 2006 CONSTRUCTiGN PERMRS eoo - i esoo • - ~ .oo _ : an) ~ ~ a. r.o aw a.M J A* A- a.u oa oa - • - • m ~ m- uo st ms ts 3u aa a~ ng ow.: 7vi L---- ~ ~ wws m m a a~ a~r m- ao m won - a N 2006 New StructuroslUnits Pertnitted e4 - I ~ so - - - 40 ~ - 20} - - p I. o-_ - lun ' Feb Mer Apr Uay June July Auq Sopt Oct Nov DeC I ~ O Plew 1 It 2 Owallnp Unib ZB 41 74 I W 54 31 39 29 , 27 33 5 IsMuttl-txmilyUnNs 0 0 . 0 j 0 0 3 0-- 2--, 1 r 9 0 ~ p New Cammetiia, Structurot , 5 2 1 f o 3 e 2 3 12 ~ 6 2 The Permit Center collected a total of $74,228 in Permit and Plan Review Fees in November 2006. :OOe BunAMq Ravenues {ay; u e utcm I '•m~ _ _ ".Y. ~-70r,5 ~~wnui i' The reported valus of construdion, including new structures and additions/alteration iS shown in the following chart, comparing these values with 2005_ New value for November 2006 totals $14,754,020 for a total of $112,840,536 far the year so far. Page 3 of 7 City of Spokane Valley Departrnent of Community Developmcrit November 2006 Monthly Report - .0: sao.aoaooo - - - - - m.mo,ooo - - - - - - sio.ooo.uoo - - - 111.kaoo,mo s,aaoo,aoo ss.ooo,ooo , w - Ja, FaD Mlr Apr wy Ar. lft A„p 6.q ar w. ac I I I kznse fl Permt Fee, o Annual Revmue ProSectbn ■ Iktual YTD Revenue ~ 1lUU,.Uli 111=-U,DUU IZOd,O{u; 1. 1, 1=! U jl'1 i 1, ,!i,),, SOURCE Spokane Valley F~inenoe Departrt+orit In November 2006, building inspectors perfomied 1,105 inspections m 20 days. This averages 46 inspections per day. The Plans Examiners reviewed 81 projects in November 2006. At the end of November, there wer8 2 projects awaiting review. 2006 Bulldtn9lmpecWns , sw ~ - - - - - j- - - - - - 7 r YJ~ I 1,..,I ..{n _4.I IYI Mt .W1 IN U. ~na ~I va I atl us tta~ I6! I MI Bq IT! /f0 M~ ~ H4 I V01 t871 1[]0 Nt .291 right-of-way inspections were performed dunng the month of November 2006 , City of Spokane Vailey Department of Community Development November 2006 Monthty Report , CDOE COMPUANCE: The number of 'Violations Reported' on the following chart refleds adual Spokane Valley Zoning Code violations, plus compiaints received which were not violations. The compiaints received are added to the total because they refled time officers speM in the field canducting investigations. In addition, the 'Investigated` and 'Pending' columns accurately reflect Code Compliance's curnent ability to process and investigate badclog cases. The following chart provides a monthly c(mparisor► of the types of Spokane Valley Code violations reported. V'rolations are neported based on the primary comp{aint received, rather than the number of additional violadons identified on any individual premises. The investigafion of a complaint of junk vehicles, for examp{e, might also resutt in idenMication of additional violations such as the accumulation of trash or harboring of livestock. These are not included in the summary. A tatal of 50 complaints were proce5sed in November. i ur - n tirv ,14 ' Lkt 73 Ja~ '3 =cy-:v1 Ndr -M Anr..+6 Vw~-00 l,M-fM I Jut 05 A uy Ch 3ep 68 I Oc! 00 Wr D7 ■ V ow6pns aeporNfl 1 53 51 53 45 114 14) . 83 ~ 60 I 74 ~ 51 91 I r7 50 I ■ AD~srnts ~ a 33 ~ 27 31 106 02 176 I 1/0 SO 4E 4!1 j 33 o ru Tr.o.iK. o o C o I. o --Q o ~ o ~ a ~ o 0 0o I ; i19 PernA'n1 f7na :1 I tE 92 I 43 I 48 I 61 J~ I 30 I DC ~ S~ ~7 I I1 41 ~a vberuon. PbvorW 0 Ae.beMa o N. rr.nren a Am*ye Fin I The Spokane Valley Police Department, in conjunction with SCOPE, has requested tte assistance of Code Compliance in identifying junk vehicles abandoned within the right•af-way. SCOPE volunteers tag the vehictes. Vehicles which have not besn moved by the follow+ng Friday are towed. Activity fs consolidated into the following six categories: Environmental (sewer/septic, critical areas, animal and nulsance violations); Property (Right of Wey, property use, dangerous building, landlond/tenant, illegal business and signage vialations); Junk Auto; Solid Waste (solid waste, illegal dumping, and household waste violatians); Cleanriew Triang{e and Complairtt - No Violation. I Page 5 ot 7 City of Spokane Valley Department of Community Development November 2006 Monthly Report , _I 200Q CODE COMPLIANCE REPORTS (Dy trW) toox - - , ~ox •ax tott i ox ~ - - - - - - -~,kn-oe fe0-Q~ Ysr4s, NpDB ,Mlry-00 Jun-oa Ju}•ae t014e s.no* ocaae NoVas A.c-os, i7Canptant_NolAoUion; ti t?_. !i ._10 - 11 12_ . 17 ~ 12 I 12 _ 21 ; 10 .0 SoRO WamY 11 11 1I , 11 13 Y , a 16~ ! 6 9 . i_>> _ o- a---Ia - 9- ~ o I r__ i a~~nk-wlo ~ io o ~1• j 10 r ecaua.wT►isna. + T s 3 i 4 ~ 19 i ~1o ~t a Prop~rty Y 0 O 11211 7 13 _ 13 td_ ~ I ,dEn~m&nta! 7 I q ~ t ~ 1 I ! Z 8 ~ ~ ~ 0 a 1 2 I CUSTOMFR SERVICE Planning The Hearing Examiner held 3 land use hearings during November. Building: PeRnits The following table summarizes the performance of the Permit Center for those pefmits entere in the PLUS system, measured from the time that the application is deemed 'counter-camplek to the time that a permit is issued. ~ November 2008 , 0 a value t 9 Q o M -AL- NEW CONSIRUCTIOTi hAercant)!a 51.162,562 00 Bt 61 81 REMODEL Industrial Buihi'in Sfi8.000.00 I 16 15 18 r~~Mi~ s2so.ooo .oo 75 as »7 lrroieasio~400.00 ~ 54 14 143 Values shown are those on which Plan Check and Building Permit fees are based. The chart includes average, minimum and maximum times. Delays in the issuance permits November result from inadequate or incomplete submittals, failure of tfie applicant to pick up the permit, etc.._ The Permit Cerrter has been tracking tumaround for Right of Way Permit Applications and the faxed Mechanical and Plumbing Permit Applications. At present the City responds to applications within 24 hours, typically by noon on the following day. Permits for those appiication types are generally issued within two days. Page 6 of 7 City of Spokane Valley Department of Community Development November 2006 Monthly Report Building: Inspections Inspectians are conducted the day following the inspection request except for weekends and holidays. Code Compliance All preliminary investigations are conduded within 24 hours except those received on Friday which are investigated before the end of the next business day. Permit Center There were no surveys netumed during the month of November. ~ Pape 7 of 7 So epUBLIC WORKS DEPARTMENT ~ ;011111111OValley MONTHLY REPORT ~ December 2006 AGREEMENTS FOR SERVICES ADOPTED AND IN OPERATION: • Street Maintenance - County Street Maintenance Interiocal New 2006 Interlocal approved by the County. In the process of bidding various maintenance activities per the new agreement. . • Engineering Services Support - County Engineering Interlocal • Street Maintenance (Pines & Trent) - WSDOT Interlocal • Solid Waste - Regional Solid Waste Interlocal • Safety Plan - Contract with CH2M Hill , draft safety plan in review. WASTEWATER: • Wastewater Treatment - The end of January 2005 the City received from the County financial information regarding the County's sewer utiliry as it relates to the assumption of the County owned sewer facilities. • The Spokane River Total Maximum Daily Load (TMDL) Collaboration process is ongoing and information is available on the web site at http,/lclient-ross.com/sqokane-river/ • Spokane River Use Attainability Analysis (UAA) is available on the UAA web site at • http://www.spokaneriveruses.net/links.htm • • County is in the process of updating their Environmental Impact Statement (EIS) for their Wastewater ' Facilities Plan. CAPITAL PROJECTS: • SRTC 2006 Call for Projects The following projects were preliminarily selected by the SRTC staff and the TTC for federal funding for FY 2008-2011: STP(U) Urban Improvement Projects • Appleway Avenue Reconstruction, Phase 2- Tschirley Road to Hodges Road Barker Road - Appleway Avenue to Broadway Avenue STP(U) Urban Preseniation Projects • Broadway Avenue Inlay - Park Road to I-90 • Sullivan Road PCC - I-90 to Mission (in conjunction with WSDOT project) • Sullivan & Sprague Concrete Intersection • Fancher & Broadway Concrete Intersection • Broadway Avenue Inlay - Fancher Road to Thierman Road CMAQ Congestion Management/Air Quality Program • Sprague/Appleway Intelligent Transportation System (ITS) - I-90 to University Road o Signal Controller Upgrades - various locations . o Argonne Corridor Upgrade - Trent Avenue (SR 290) to I-90 • Pines Corridor ITS - Sprague Avenue to Trent Avenue (SR290) Advanced PE and Design Projects • Park Road Project 2- Broadway Avenue to Indiana f 0 Sullivan Road Widening - Wellesley Avenue to Euclid Avenue A final list was approved by the SRTC Board on December 14 and included all of the above projects with the exception of the Barker Road - Appleway Avenue to Broadway Avenue project. The total amount of federal funds received for these projects is approximately $12 million. ' • FY 2008 TIB Project Applications ' The TIB selected the following two projects for funding: • Park Road Grade Separation -at BNSF RR south of SR 290 ($2 million) • Broadway Avenue Safety Project - Pines Road to Park Road ($746,280) • Valley Corridor Project Project on hold pending outcome of the SpraguelAppleway Corridor Subarea Plan. Participated in Subarea Plan core team meetings with consultant. • Street Master Plan Consultant completed gathering pavement rating data on all local access streets within the city and began inputting field data into the CarteGraph Pavement View Plus software for analysis. • Sullivan Road PCC Continued coordination with WSDOT. Project scheduled for construction next spring. • Pines/Mansfield Federal funds have been released for Preliminary Engineering. The County and State are designing their respec#ive areas of the project. Right of way funds were released on November B. The County Right of Way Dept. is working on appraisals and starting the acquisition process. The project is scheduled to advertise for bids in the spring of 2007 vrith construction scheduled to begin in 2007. • Appleway Avenue Reconstruction - Tschirley to Hodges David Evans & Assoc. is working on the preliminary design. Right of way funds were released October 13.. `David Evans 8 Assoc. is working on appraisals and access agreements. This project will advertise in earty , 2007. Current project costs significantly exceed original estimates. Received approval from SRTC to split project into two phases and use existing federal funds for phase 1- Tschirley to Barker. A grant for federal funds to complete phase 2 was approved for 2008. SRTC is seeking approval to release these funds in 2007 to allow the entire project to be built during the 2007 construction season. • Barker Road Bridge Project Type, Size and Location Study has been approved by WSDOT. The final design and environmental permitting contract with CH2MHILL has been approved. Permitting, property aoquisition and final design will take approximately one year. CH2MHILL is preparing the Environmental Classification Summary (ECS), SEPA and cuftural resources study and other supporting studies. Worked with consultant to revise Iocation of bridge by shifting it west to minimize impacts to northeast river access. Construction • CenterPlace Working on final project closeout. • Dishman-Mica Road Rehabilitation Project The Project is complete. • Braadway Avenue Overlay Project The Project is complete. - : Argonne Road Overlay Project Paving is complete. Permanent striping will be completed in the Spring. • Barker Road Project Project complete. Punchlist items remain. ' • Veradale Heights Sanitary Sewer Project The project was awarded to Norm's U61ity Contractor. Mainline construction began June 26th. Sanitary sewer mainline and side sewer installation is complete for this cQnstruction season. Approximately 20% of the project will be carried over to the 2007 construction season. • Electric RR Sanitary Sewer Project The project was awarded to Norm's U61ity Contractor. Construction began in early April. Mainline and side sewer construction is complete. Paving is cflmplete. Punch list items remain. • Vera Terrace Sanitary Sewer Project The project was awarded to L.L. Cargile. Mainline construction began July 19th. Mainline sewer construction is complete. Paving is complete. A required sewer connection at the intersection of 4'" and Evergreen will be constructed in early spring. Staff is working with County Utilities on pavement cuVreplacement requirements for this work. TRAFFIC: • Foundations have been installed at Seth Woodard, Broadway, and Trentwood Elementary for the new flashing beacons. The poles and flashers will be installed over the winter break, and they should be ready to turn on when school resumes in January. • Analyzed speed study results from installation of flashing beacon/speed boards at Progress and ' University Elementary and started fina) report for WTSC. • New timing plans were implemented at the Valley Mall for the Friday afternoons and weekends leading up to Christmas. We worked with WSDOT to irnprove the coordination between the mall intersections and the I-90 ramp terminals. Prepared new maps of speed limits, signal locations, and daily volume for city traffic webpage. a 4- Construction and utility work related traffic control plans were reviewed and approved. • 18 - New citizen requestslcomplaints were received via phone and email. These typically involve traffic signals, stop sign requests, speeding complaints, bus stop concerns, streetlight outages, requests for new streetlights, traffic count requests, and parking issues. STORMWATER: o Worked with Spokane County Utilities to repair two failing pump stations. Two new pumps have . been ordered. Pump installation is planned for early December. o Drywell Replacement and Repair Contract - Bids were received on September 2006. The contract was awarded to CaYs Eye Excavating. Drainage work began in October 2006. fnstalled drainage structures at 15 problem areas identified through Citizen complaints or staff historical knowledge. e Mapped drainage problem areas: Chester Creek floodplain, Ridgemont area, truck town and Ponderosa neighborhood and miscellaneous areas throughout the City. 4000+ structures were updated and 870 new structures were added to the inventory. The City owns approximately 11,000 structures (6,200 of which are drywells). e Preparing street sweeping proposal.for 2007 contract year. o Vactoring Services Contract - Bids were received on June 15, 2006. The contract was awarded to AAA Sweeping. Cleaned 100+ structures. e Awarded landscape contract to Spokane ProCare in April 2006. Spokane ProCare maintained all drainage facilities and provided weed control for roadways and other City owned property. i~ • Contracted out services with Adams & Claric for flooding/erosion solutions for the Beverly Hills - project. Project will bid in January 2007. Working with Spokane County and City of Spokane amending the regional stormwater manual. A final draft was sent to the Department of Ecology for review. . ~ NPDES Phase II Permit expected to be issued December 6, 2006. The permit will be effective January 5, 2007. STREET MAINTENANCE ACTIVITY: C'rty 2006 budget is $3,023,068 ($2,274,700 in the Street Fund and $748,368 in the Stormwater Fund). Through the end of November the County has billed $1,313,426 and private contracts have billed $590,974 for a total Street Maintenance cost of $1,904,400. The County has billed $557,669 and private cont:racts have billed $258,038 for a total Stormwater Maintenance cost of $815,707. The overall total is $2,720,107 or 82.2% of the budgeted funds. LAND DEVELOPMENT November Activity: NEW APPLICATIONS COMMERCIAL APPLICATIONS o Divcon Office & Warehouse 13,000 sf office/warehouse o Intermountain Community Bank 7,6000 sf Bank o Mountain West Bank 4-lane drive-thru wloffice space o Quality Auto Trim 8,513 sf auto detail shop o Kaiser Aluminum Addition 15,000 sf o Chester Creek Mini Storage COMMERCIAL PRE-APPUCATIONS o Plant Land Nursery Addition 4,500 sf nursery o Jarvis Warehouse ' 5,000 sf office/warehouse . . , o Chubenko Espresso espresso stand o Spokane Shock practice Facility o Stevens Mini Storage 20,000 sf mini storage o Dudva Espresso Stand espresso stand o Somerset Apartments Addition 24 new units o Third Street Consortium 20,250 sf office o Auto Zone 7,500 sf auto parts store o YMCA Greenhouse 1,440 greenhouse o Valley Ice Lodge 46,000 sf sports facility o Lowe's & Kohls Home improvement store & department store o Evergreen Crossing retails shops FINAL PLAT APPLICATIONS o Flora Estates o Brooks SHP 2 lot short plat o Birch Hollow o Highmarlc SHP BSP APPLICATIONS o Evergreen Crossing 12 lots binding site plan o BSP-03-06 . 2 lot binding site plan LAND USE PRE-APPLICATIONS o PRE-94-06 2 lot short plat o PRE-93-06 6 lot short plat o PRE-87-06 4 lot short plat COMBO (REZONEISUBDIVISION) APPLICATIOIdS o Rau Subdivision 11 lots SHORT PLAT APPLICATIONS , o SHP-21-06 3 lot short plat o SHP-29-06 4 lot short plat `-o SHP-30-06 3 lot short plat REZONE APPLICATIONS o REZ-34-06 B-2 to B-3 o REZ-27-06 I-2 to B-3 STREET VACATIONS APPLICATIONS Eastern Road l` 1 an~ po~kane ,;oOValley Capital Improvement Projects 2005 8 2008 pROJECTS Proposed Esttmatod Deslqn ConsLruclion 2005 (2006) Total Project Fundtng Road ConstrucGon ProJocts Project Location Bid Date Complotion Date Complato Compioto FundlnA Cost STf'(U) /lrponne Road avcrlay Indiana Averrue to A4ontgomery Avenue Mar-06 1111106 1003U 90% $ 316,600 S 316,600 STP(U) Broadway Avenue Qverlay Bates Road to Sullivan Road Mar-08 1111106 100% 100% $ 812,700 3 812,700 Road Design Projects TIBrCMAQ PineslMansfield F'rajeCt VWilbur Rd. to Pines Rd., Nines to 190 Feb-O? 12l1 5J0$ 60°J6 056 $ 1,432,015 $ 4,500,825 STP(U) Arypleway Avenue RecansUuction Tschirtey Rd. to Hodges Rd. Feb-07 1111506 7096 0% $ 60,000 $ 3,197,000 SI2 BaAer Road Sridqc Replacemert 8arkcr Rd. ai Spvhane Rivcr Jan-08 12l1109 60`76 096 $ 896,101 $ 8,092,700 Sowcr Projccts Parks Road Trent to I-90, Thierrnan to Park 711106. 100% 1000A0 $ 1.445,000 S 1,445,000 Ozcharci Avenue Spokaim River to LEberty, Coleman to Vsta 7f15106 100% 100% $ 2,895,000 S 2.895,000 Ciry Veradale Meoghts - Paveback Valleyway to MissEan, C-vergreen to Aclams Mar-06 611107 100°,6 QO% S 430,256 $ 430,256 City Vera Temace - Pavcback 2nd to 71h, Everqreen to Dums May-06 511l07 100% 95% S 341,264 $ 341,264 City Electric RR - i'aveback Nai1c to Vlsta, Trent to Ulah Mar-06 10115f06 100% 10046 $ 87,369 $ 87,369 Planning Projects STP(U) Valley Corridor Environmental Study Universily to fWpleway Na Jun-07 d% 0% $ - $ - STP(U) Valley Couplet - Project 2 University to Evergreen 0`Yo 096 . Total $ 8,865,305 $ 22,118,714 STP(U) - Sutiace TrdnsporlaUon Program (Urban); TI13 - Transpurtation Improvement Baard; BRAC - L3ridge Replscement Advisory Cammittee; CDBG - Cammunity Devclopment 8loctc Grant Pragram CMAQ - Congestian ManagemenUAir QuaGty Program; STA - Spokane Transit Aulhnrity Nav : mstructian Prajects - MF117O TO: Dave Mercier, City Managcr FRpM: Cal VValkcr, Chicf of Police George Wigen, Administrative Sergeant UATE: Dccemtaer 26, 2006 RF: iMonthly Report November 2006 Attached is the activity report for November 2006 for the Spnk.ane Valley Police Y7epartuient. Computer-aided disPatch (CAD) incidents totaled 4,350. 'I'hese are self-i.nitiated officer contacts, as well as calls for sezvice. Out of those incidetlts, 1,420 actual reports were talcen during ihc month of November. Attaclled is thE breakdown describing lhose incidents. Additiooally, there were 1,474 traffic stops conducted lhat resulted in 299 trafEic reports. Lncludecl are tlle hotspot inaps fvr Navember comuiercial burglaries and Noveuiber n•a£i:ic collisions, alon~ ivith October & NTovember stnlen vehicles. There is no hotspot map for residential burglary ttus moilth vecause thc burglary nuinbers are do,~vn and they are spread out. ADNIINIST. .R.A'I'1V N;: Chief Cal Walker's reGirement took effect the ls` day of DECember; 2006. He was honored at the Npvember 28 Council mee.ting and was presenteci with a plaque cocrunemorating his service as [he f rst Chief of Police of the Ciry oF Spokane Valley. Captain Russ Shane was named as intcrim chief by the Sheriff while the selection process is heing conducted for a new Cluef of. Poliee. COiNBZiJ~i'1TY ORIFNTED POLICING: ♦ A total of 6,743.5 volunteer hours were conh-ibuted by SCOPF members during the montli of November. Approximately 3,200 chilclren havc received ITa pack.ets through Opcration Fwnily ID this year to date. ♦ The Scope lncidence Response Team (S1R"Y`) has worked 558 hoiirs this montti, Y'll7 6,092 hours. ♦ Oodlcs uf n'oodles Edgecliff SCOPE hnsted its annual Spaghetti Feed and Raffle at the Vcteraus of Foreign Wars Post 1435, 212 S. David in Spokane Valley. The dinner and raffle raised fiznds to support SCOPE safety and anti-crime prograins in the Edgecliff Ncighborhood. SCOPE Edgccliff recently celebrated its tcntli anniversary of improving conunuiuty safety. OPFRATIOnS: ~ % ♦ Cun, Meth Grounds For Arrest A suspicious person call to a recently-robbed coffee company turned into a knockd4,"tn, Page 1 drag-out fight with an armed man who may himself have intended to rob the business. Employees at Starbucks, 6630 E. Sprague, callccl 9-1-1 ai-id reportcd a suspicious man on a _ bic}rcle that kept entering anci leaving the business. They reportcd that the suspect was simply staruig at employees and customers, but in light of an a-med robbery there several weeks ago; the suspcct made them very nervous. Dcputy Marl: BrowmEll arrived and confrUnted the suspect who was wearing awlute honded swcatshu-t with a pocket across its front. Clearly visible in the pocket was a cocked pistol. When the suspect reached for the gun; Bromiell struck luul w-ith an clbow, grabbed the pistol and tossed it away. The two began fighting and Slarbueks employees ealled 9-1-1 and inade a seconci report that the suspect "had agun" and that the "off:icer was down." Numerous officers rac.ed to the store, but Rrowmell had the suspect controlled by the tune tlhey arrived. Officers learned that tlie pislal, a 9mcn semi-automatic, had been reported stolen, aud that the suspect was a previously-eonvicted felon prphibited from having fircarms. The suspect also bad a quantity of inethamphetamine on his pcrsou. Officers drove him to the Spokanc County Jail and booked him on felony counts of Unlawful Possession of a rireann, Posscssion o# a Stolen Firearm and Possession of Vlethanphetami.ne. Misdemeanor cat►nts of Obstructing an Investigation and Resisting A.n•est are pending. ♦ Burglary Arrest Leacis To ProperYy Recovery tln early-m4rning burglary arrest snoNvballed i.ntU a major property crimes investigation that resulted in reeoverp of thousands of dollars worth oF stolen equipinent and building materials. A new housing subdivision in the area of Trent and 13arker 12oads bad been expericncin[z recurring thcfts and burglaries, so many so that cleputies werc keeping a c.lose eye on ncw homes beinj constructed in the area. About 2:00 a.m. one morning Deputy Travis Pendell saw tv,,o men park a pickup truck and cnter a home being c4nstructed there. IIe con.f:ronted the pair ana diseovcrcd ttley had alreacly moved some tools to the doorway, presuinablY to stcal. Pendell arrestcd both men and bookcd them into the Spokane County Jail on chalges of Sccond llegree Burglary. Qne of the suspects was already under surveillance by mcuibers of the Fraperty Crimes Task Force. A burglary had occurred at Evergrcen rleinentary over the summer aiid Deteciive Kirk Keyser hacl tied the crime to a janitor at the school. He told the dEtective that hc kne«+ a person named "Jesse" who lived in the a.rea of Bessie and Broadway who was committing lots af construction site burglaries. Keyser farwarded the information to the 1'CTF and chey identified the likely suspcct. The suspect's arrest gave them the informati.on they necded to obtain a search warrajlt Cor his home. PC'1`f- detectives exccuted the warrant and immediately began find'uig power tools with scrial nunibers removed, bqxes of unopenecl door hardware, lighling fxhires, and even a kitchen range and microwave that the suspcct had 'uistalleci in the home - all believed stalen. Revicwing burglary ancl theft reports back to June, Sgt. Steve Barbieri aiscovered praperty stolen from al least four victims aud began cal(ing them to pick up thcir itcros. One contractor arrived . and recovered his stolen shop vacuum, scai'folding and power tools. Deleclives seizcd and removed morc than 30 ladders alqne; many inarked with cornpany names and initials. A single thxee-foot-tall marijua.na plant was discovered growing in the suspect's bedroom where detectives alsU Found a large nutnber of what appcarEd to be cerainic and poreeldin antiques, perhaps taken in residential burglaries. Windows Nvere discovered that liad been stolcn in a burglary committed in Post Palls, Idaha. Page 2 Barbieri was quick to creciit Decective Keyser, lleputy Pendell and nightsluft Yatrol Sergeant 17oug Lawson for developing the in.£oruiation that Icd to Wecinesday's raid and property recovery. °lhcre have been 221 construction site burglaries or thefls thus far in 2006. ♦ Standoff Warrants SWA'I' Response A hvn and a half-hour standoff in the Spokane Valley Monday ended when the suspect surrendcrcd t4 members of the SPokasie County Sherifrs SWA7 Ieam. A 29-year-old SP4kane man was anested on lus foiir outstanding arrest warrants; two for driving on a suspended license, onc for attempting to elude a police vehicle, and a Uepxrtment of Corrections Escape charge. Spokaile Valley Police were called to a mobilc home parlc on East Jackson by an anonymous coinplainant wlio said a pcrson in a residence there was wdnted by police. The subject refiised to siu-render to officers whe arrived at the home, and iustead tolcl them he was armed and wouldn't be taken tn jail. A man was evacuateci i'rom tlle home and he told officers that the subject, his girlfriend and he.r baby «jere inside. The girlfricnd confirmed that Williams was ar.nied, aud officers at first believcd she was being helci hostage. They later learued that slie was rcfiising to exit the home out of fiear f-.or `Villiams' safety should she leavc. Corporal ivlark FoY established a rapport with Williams during ongoing telephonc conversations and cventually encouraged hi.m into sunendering. No one was injurecl during ~ the stancioif, dltliough police did evacuate one neighbor and a nearby in-home daycare. AtZer the male subject's arrest, officcrs recovered a replica pellet pistol fiom inside thc -hoine that looked identical to an aetual pistol. SCOOTERS Ai\rD BTKES: ♦ There were no sconter or bike collisions ui Novembcr. Page 3 2006 NOVEMBER CRIME REPORT - I Nov-06 I Nov-05 12006 to date 12005 to date ~ 2005 Total 2004 Total BURGLARY 1 531 541 655 I 700 N 744 997 FORGERY 1 261 311 302 1 438 I 4641 465 MALIGIOUS MISCHIEF 1 861 581 1,050 I 849 I 9041 1,224 NON-CRIMINAL 1 661 561 745 1 683 I 7491 916 PROPERTY OTHER 1 661 851 909 I 1,072 1 1,1541 1,665 RECOVERED VEFtICLES 1 541 191 357 ~ 293 I 3331 390 STOLEN VEHICLES 801 581 628 1 528 1 6031 577 THEFT 1651 1601 1,719 1 2,085 1 2,2561 2,853 uioBC ~ 21 01 s I 7 1 81 10 VEHICLE OTHER ~ 0l OI 31 51 51 40 VEHICLE PROWUNG I 771 811 871 1 875 1 9581 1,382 TOTAL PROPERTY CRIMES 1 6751 6021 7,248 1 7,535 1 8,1781 10,519 ASSAULT ~ 831 761 782 1 814 1 8941 880 DOA/SUICIDE ~ 151 161 151 1 1431 1591 164 DONrESTIC VIOLENCE 1 681 541 6571 716 I 7621 755 HOMICIDE I 0l 01 51 0 l 11 5 KIDNAP 1 11 21 20 1 33 1 351 24 MENTAL ~ 221 241 379 1 399 1 4251 386 MP M 61 121 821 891 971 106 PERSONS OTHER I 961 951 1,0761 1,1591 1,2561 1,624 ROBBERY ~ 51 51 51 I 51 I 561 58 , TELEPHONE HARASSMENT I 10 41 781 881 921 190 TOTAL MAJOR CRIMES 1 306 2881 3,281 1 3,492 I 3,7771 4,192 ~.:ADULT RAPE I 1 I 21 24 1 35 1 391 37 CHILD ABUSE 1 71 51 73 I 91 1 1011 126 CUSTODIAL INTERFERENCE 1 81 101 97 1 76 1 881 205 SEX REGISTRATION F I 0l 0l 21 41 61 4 INDECENT LIBERTIES ~ 21 0 14 i 7 I 91 21 CHILD MOLESTATION ~ 61 6 63 1 63 1 671 77 CHILD RAPE ~ 81 21 58 ~ 33 1 35 30 RUNAWAY I 27 271 2941 291 1 311 437 SEX OTHER M 19 19 191 1 168 ~ 1811 162 STALKING I 21 0 17 1 27 ~ 271 35 SUSPICIOUS PERSON ~ 11 l 81 1651 232 I 2441 341 TOTAL SEX CRIMES ~ 911 791 998 1 1,0271 1,1081 1,475 ORUG ~ 491 671 6101 811 1 8911 999 ISU OTHER 7 OI 0l 01 0 l 0l 1 TOTAL ISU 491 671 610 1 811 1 8911 1,000 TOTAL TRAFFIC REPORTS 2991 2311 3,0491 2,144 1 2,4031 2,776 TOTAL REPORTS RECEIVEO 1 1,4201 1,2671 15,1861 15,009 1 16,3571 19,962 - ~ ~ i ~ - _ ~ C;eimen 'P.ed Qi ib Pd~~ i - iow i 9o Sensoa ruwn , ' ~~s~.M•~~`J =~~"t 3~, ~ $ ~ j ; ~~p r ` ~ ~ t~ ~~I ►~~o;~~ ~ ~ ~ > La«JIGs Sc r- jo; Eu~° , Clla ~ I ~ I Eu tid~_~ _m 4 ; Sut tC e ~~c ~ F tinck _ _ • Fa;,~, '71- ..]II n ~ " GtlrSigld-;~~ ti r.n ~y IutMart-, ' 1rr~~erca -1- NW a r. 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