2007, 01-23 Regular Meeting
(
AGENDA
SPnKANF VALLEY CI'I'YCUtiNE7I1.
REGLiLAk MEET1NG
t'uuncil Mcccing #108
7'ucsdxy. Jannary 23, 2407 6:00 p.m.
C[TY HALL AT RFDVti'UOA PL4Z.1
11707 Fast Spraguc Avenue. First Ftoor
Caancil Reqnestg All F.fectroalc Dcviccx be Tureed OfTDuriag Council Nicrting
CALL 'f0 URDER:
Il'WOC'aTi()N: Pastur ManuaI Drnning, Faunwin Ministric~
YLEDGB ON' At.I.FCt.aNCE:
ROLL C4LL:
APPRnVA1, OF AGEN DA:
INTRnDUCTION OF SPECIAL GUES'TS AIYD PRf SEhTA7'lUNS:
CO_hfhLiTTEE. BO,UW. L1AtSON SUNINLARY ltEl'URTS:
MAYOR•S RF-PnRT:
PUBLIC COMMFNTS: Excc:pt whcrL indiccued bclnw for "pubUc commcnt" tl►is is an upportunity fur
the public tu spe:k- on nny topic. W'hcn vau comc 10 thc pLXiium, plrnW Ailtr Wur nninc nnd ncldrr5s tur
tlte recard and limit rrmnrks tn thm-r minutcs.
l. C(?~Y5EN7' AGEtiE}A: Consiais of items considered routine which cur apprvvcd as a group A
Cvuncilmcmber ma}• removc an itcm from dic Coctsent Agznda tu bc c.onsicicred scparutcly.
a. Fn1lowing Cl:sim Vuuchers:
VUUCHER I.IST DA7E VOUCMER #s T07'AL VOUCNFR
AMQLtN"C
1 ?-20-?0(?6 10737-10785 1,377. t ,18.26
r)1-55-2007 10786-10823 634,85-1.87
. G RA.'VDTOTAL 2,012.001,13
I
b. F':ryrall far Ptriod Lnding Janu.sry 15. 2007: $170.543.90
,
w. Minutrs (if Jrinutin- 3. 2007 Special Caurtcil N1ecting
,i. 1). ~nc)? Rcgular Council Mec-tine
NFW DUSINIFSS
2. Sr.c:onJ Reading Propusrd Ordinincr 07-00 1 ExtenJing l: t7- I l,ine - hlarina 5ukup
ipublic cummcatl
3. Scc.ond Fteading Prppo:wd OrdinAnce 07-002 Sueel Vacacion Portion of 15'A Avcnue - Kaf cn Kcriaall
(pubpc commentJ
4. Cirst Rcading Proposed Urdinance 07-003 Amrndin~ ►.)angrr, us CX,g.lppeal ('roL:e<lurC, -
Cary I)riskrll ipublir commenlJ
S. Mation CarLsiderataon: COit11'3Ci Ap(tfo1'3I ( 111[d!?l'lt I'001 KeriLl%:ith Irti -Mik;c J:iLk-;;on
(puhlic commcnt)
P:ti;c t:iE'
L'lI :l_1(-('0N IN IFA'I'S l:~._::~t I',,r liuhlic cumrn.n[' ..u; 1 i:,, ttui~.~; I,11
1}1C PIIVlIC t05p43Eitl11 F1f1}' LOpIC. Wt1G'Il N'v!1 'L~ lflt i'•~~•.~Ill'.11. i~~:.l~t: ~i..., ~llii ...41111' .:ft,l JiC . ~ ~I
tiie record and limit rematks to three miniitr:
ADMINLtiT'ItATI« REPORT.s:
6. City Usc of Getger Work- Cre%% l)r i,J.,A
7. Uniform Devclopmcrit ~ , . , ~ ' ! . r . - , .
NFORMAT[ON ONI,I :
3. Prupased !lmended StLi(j~ ;,r i%,, i. i.~~~io_ ~I it:. i~,. .
Uc:Ivnrttnctt! FcE!,,st5
E1ECtTT1VE SESSIOti:
AU.If)URNNiE\'C
F'trTURESC'1lEDLfJ.1i
Rcgular Cuunci111tee1trl-s urc gerrc•rulll' /rc•!d 1nal clnrJ 4" Tuesclnt's, lrcginning u! 6:06 p.nr.
Council Slaa5- Sessivns une xrirrrollt, held 1", P and Sdt Tursdays, beglnning ut 6:01) fP. I,L
Fr1,ni.iry lZ. 7n07• !Vo 141tcfipn (.^sti(-wc:iati«n ~•f Washington C'itics Cu►tfi•ren<: i
Ilihcr Il'« llltir,• ( j?c,)iniit; rC11Ic:
.
~ P12Ie«'i4Y LzY:dali~~uit 11411 1'Mk~4 lrg[Ld lrj ).111.
'ih►rrs. %tarch 1. ''Op;: Spcci311oint CouncilrPlanning C:+•mmisss,,ii Mtti;, np.m.. ciitert'lace VNat 1<01,rn
N01'll'E: InlivldunLs pluuming to atterd the mc=tingwho requirr spceial assisrmce w oocammodxtc physical, hearirtg, or athrr
impairrrLnts, plca-ie cnmtwt tlie Cit} (:Icr4 at 1509)92 1-I 0!l0 r,F 4n„n,1± hnrsib?c so Iha1 nrrnnsMmrnls mny hc m:ydc
~ ,~u~~:il 1i~_:~.1~ •?1 ,:7 r_•;~~:1~, ~tcci~i,~~ f'n, ~i _
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 01-23-07 City Manager Sign-off:
Item: Check all that apply: E) consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Approval of thc Following Vnuchers:
VOUCI-IER L1ST DATE VOUCPI6R #s TOTAI., VOUCHER
AMOUNT
~ 12-20-2006 ~ 10737-10785 I 1,377;148.26 ,
~ 01-05-2007 I 10786-10823 I 634}852.37
~ GR4LNl7 lOTAT.. 2,012;001.13 ~
~
RECOMMENDED ACTION OR MOTION:
Approve claims for vouchers as listed above.
BUDGETIFINANCIAL IMPACTS:
STAFF CONTACT: Amy Sienknecht
ATTACHMENTS Voucher Lists
~ .
vchlist Voucher-List . page: 1
1212912006 1:49:5~PM . Spokane Valley
-Bankcodc: apbank
Voucher Date, Vendor • Invoice_ . PO # . DescriptioNAccount Amount
10737 12l27/2006 001209 SPOFVINE VALLEY DISTRICT COURT in0454127 INFRACT10N TICKET 87.00
' - . Totat : 87.00
10748 12I2912006 004335 ALTON'S TIRE.INC. 6-21904 SERVICE ON'O4 F150 35517D 14.38
Tota I : 14.38
10749 12i29i2006 001012 ASSOCIATED BUSINEBS SYSTEPIIS 119575 MONTHLY CONTRACT BIIL 1,212.37
7otal : 1,212.37
10750 12/29/2006 000841 BCI CREATIVE INC. 7884 • WEB DESIGN SERVICE 50.00
Total: 50.00
10751 12129f20a6 000918 BLUE RIBBON UNEN SllPPLY, INC. 8778782 SERVICE FOR CEN7ERPLACE 766.11
' Total : 766.11
10752 12/2912008 001122 CAMERON-REILLY, LLC 1121 41401 QUO7E # 0030-06 CAMERON-REILL 3,474.00
' . Total: 3,474.00
10753 12/29/?_OQB 001022 CARR SALES CO. 835554 41426 . MAINTEPlANCE SUPPLfES • 220.15
. ' 41426 ' Tota I : 220.15
10754 12f29/2606 001139 CATS EYE EXCAVA7ING, INC. 151 41323 CONTRACT NO Q6-022 CATS EYE E 1,934.60
Total : 1,934.60
10755 12/29/2006 001210 CIARK, KARI 12272006 REFUND REQUEST 237.50
. Total : 237.50
10756 . 12/29/2005 000326 CONSOLIDATED IRRIGATION DIST, #19 12282006 BILLING DATE 12/2112006 53.20
12282006-2 BILLING DATE 12J21/2006 • 37.50
, • . , Total: - 90.70
10757 12/29/2006 000152 DEPARTMEN7 OF TRANSPORTA710N re-313-atb612120E6 ' TRAFFIC SERVICES MAINTENANCE 4,283.49
. re-313-atb61212087 ROADWAY MAINTENANCE CHARG 3,399.88
, Total : 7,683.37
10758 12129/2006 001193 DESAUTEL HEGE COMMUNICA710NS 12-06-13 41427 ADVERTISING _ 3,696.55
` ~
;hlist ~ Voucher L st Page:J 2
U29I2006 1:49:57PM . Spokane Valley .
,
,
;ank code : apbank ,
'oucher Date Vendor •Invoice PO # Description/Account Amount
10758 12/29I2006 U01193 001193' DESAUTEL*HEGE COlviMUNICATiO~ (Continued) Total : 3,696.55
10759 12/29/2006 000912 DEX MEDIA WEST 307603110 ADVERTISING 98.27
. Total: 96.27
10760 12/29/2005 001196 E3 7ECNIVOLOGY, INC 1358 41419. NETWORK SECURITY AUDIT 1,666.65
Total : 1,666.65
10761 12/2912006 000246 EAST SPOKANE WATER DIST #1 12282006 BILLIPVG 17ATE 11/20/2006 148.51
12282006-2 ' BILLING DATE 11/20/2006 311.93
12282006-3 BILL•ING DATE 11/2012006 293.97
12282006-4 BILLING DATE 11f2412006 93.74
Tota I : 848.15
10762 12/2912006 000106 FEDEX 8-595-45730 SHIPPING CHAf2GES ' 108.13 .
• . Tota I : 108.13
10763 1212912008 000858 FOOD EQUIPMENT INTL, INC. 4987 41443 OPERA7ING SUPPLIES ' 187.88
• , ' . 7otal: 187.88
10764 12/29!2006 000848 GENERAL ADMINIST12A710N DEPT OF, F 18144775 MEMBERSHIP FOR STA7C CONTR/ 20O.00
• Total : 200.00
10765 12/29/2006 000917 GRAYBAR 922677640 CABLES FOR FIBER INS7ALL 39.25
Total : 39.25
10766 12/29/2006 000086 INLAND EMPIRE UI'IL1TY, COORDINATIN 12292006 MEMBER DUES ' 1,000.00
Total : 1,000.00
10767 12/29/2006 000012 JOURNAL OF BUS.INESS INC. 12282006 SUBSCRIPTION f2ENEWAL 38.00
Total : 38.00
1078$ 12129/2006 000966 KESSLER GIS 12272006 REGISTRATION FOR MIKE BASING 675.00
Total : 675.00
10769 12129/2006 001155 KLUNDTIHOSMER 10347 41341 ADVERTISING 4,200.00
Tota I: 4,200.00
10770 12/2912006 000910 MAN717, GLORIA 12282006 REIMSURSEMENT 5.00
. - ' . . . Page:, 2
vchlist . NouCher-List Rage: 3
1212912006 1:49:57PM Spokane •V.alley
Banit codc : apbank . . .
Vaucher Date Vendor Invoice PO DescriptionlAccount . Amount
10770 12l29I2006 004910 000910 MAN1Z, GLORIA (Continued) ' . Total : 5.00
10771 12/2912006 001035 NETWORK DESIGN & MANAGEMEN7 14736 • CONVERSION OF SERVICE ' 1,110.00
, , . Total: 1,110.00
10772. 1212912006 000239 NORTHWEST SUSIiVESS STAMP 1NC. 81952 Si'AMP FOR CHARLIE 73,31
. Total : 73.31
10773 12/29I2006 000852 OFFICE DEPOT ING. 367451259-001 41434 Avery Big 5 Tab Dividers- 113.90
, 367524206-001 41432, ,OFFICE DEPOT SUPPI.Y 679.69
' 41432
" 367680113-001 41436 DG- QFFICE SUPPLIES 838.41
, Total: 1,632.00
10774 12l2912006 000512 UFFICETEAM 17495362 SERVICES FOR CENTERPLACE 362.88
. Total: 362.88
10775 12/2912006 000677 PIANNING ASSOCIATION, OF WASHINC 12272006 ' MEMBERSHlP RENEWAL $0.00
Total : 80.00
10776 ' 12129P2006 000494 PR0 PEOPLE STAFFING SERV 1NG. 18,762 SERVICES FOR CENTERPLACE 1,128.39
18,981 SERViCES FOR CEh{TERPIACE 1,105.60
. Total : 2,231.99
10777 - 12Y2912006 001161 PROVISIONAL STAFFING SERVICES 3408-4500014104 _ SERVICES FOR MATi" KUSHNER 1,023.20
Total : 1,023.20
10778 12129i2006 000322 QWEST ~12282006;, PHONE LINE•SERVICE - 42.79
, Total: 42.79
10779 1212912006 000001 SPOKANE COUMYTREASURER 12272006 5ERVlCES PAYMENT 1,330,730.16
' Total : 1,330,73016
10780 12129/2006 001211 SPOKf1NE COUNTY TREASURER, ATTN: 12282006-1 1 ST QUARTER 2006;: LIQUOR TAX 4,587.91
. 12282006-2 2ND QUARfiER 2008; LIQUOR TAX 4,446.14
. • ' Total: 9,034.05
10781 12I29/2006 000939 SPRAGUE & SULLIVAN MINIS"fORAGE 19811 STORAGE SERVlCES 119.00
' . - _ j. - . 3 .
,chlist ~ Vouchf ~.t
Pa 4
212912006 Spokane va iey ~
Bank codo: apbank • • .
Voucher Date Vendor Invoice PO # DescrvptioNAccount Amoiint
10781 12/29/2006 000938 .•000939 SPRAGUE & SULLIVAN MINISTORAt (Continued) . Total : 119.00
10782 12/29/2046 000341 SPRINT SPECTRUM, L.P. 12272006 , . MONTHLY BILLING 790.23
, Total : 790.23
10783 1212912006 001160 TOWER ELECTRlCAL SERVICES 0020822-in 41450 FINISH 1rVIRING FOR PROJECTOR I 949.19
, • • '?otal: 949.19
10784 17129/2006 401077 V.H: SERVICES, INC. 6971 D1IAINTENANCE ON 20a3 S10 32810 38.40
. . . . Total: 38.40
10785 12/2912006 040765' YMCA OF THE INLAND NORTFlWEST- 12272006'' - REFUND REQUES7 , 400.00
, Total : 400.00
39 Vouchers for bank cade : 3pbank Bank total : 1,377,148.26
39 Vouchers in this report Total vouchcrs : 1,377,148.26
APYRO'VED:
- I, the underslgned, do certify under penalty af perjury,
that the materials have bEen fumEshecJ, the services . Ken Thompsoa, Finance Director Date • rendered, or the labor perfomsed as described herein • „
and that the claim is just, due and an unpaid abligatinn ~
against the City of Spokane Valley, and that I am (J authorized to authenticato and cert(fy to satd ctaim. ,
. • ~ayOr W1U1lltE
Finance Diredor Date
s~
. , ;
~ Page: 4
vchlist ? • -Voucher.List Page: 1
01105I2007 3:21:21 P, M . . . . Spokane Valioy .
Bank code : apbank
Voucher •Date Vendor • Invoice . PO.# DescriptionlAccount Amount
10786 1/3I2007 000193 NORTHWEST.CHRISTIAN SCHOOL INC 01032007 JANUARY. 2007 RENT 27,182.58
' . • . . ' Total : 27,182.58
10788 1/5/2007 001481 ALSCO • Ispo120974 MATS FOR CITY HALL 80.44
' • ' ` ' • . ' . - Total : 80.44
10789 115/2007 000277' ASSOC..OF WA,CITIES U1032007 . " AWC 2007 SERVICE 53,68820
- . _ , . Total : 53,688.20
10790 1/5/2007 000863 CENTURY-WEST•ENGINEERING CORP. 02336$ 41266 0039 - 06-016 ARGONNE ROAD OVI 826.70
. . , _ , . . . Total : 826.70
10791, 1/5/2007 000729 CH2MHILL INC. ' 3582034 • 40691 0009 - VALLEY CORRIDOR ENV. ST 6,364.25
- " 3582055 • 41025 0003-BARKER ROAD BRIDGE 66,693.49
' Total : 73,057.74
10792 1/5/2007 000109 COFFEE SYS7EMS INC ' 46423 COFFEE 012DER FOR CIlY HALL 142.25
Total : 142.25
10793 1/5/2007 '000035 CORPORATE EXPRESS 75715153 - 41451 CORPORATE EXPRESS 174.08
Total: 174.08 "
10794 ' 1!5/2007 000284 CRUCIAL TECHNOLOGY INC. 240738309 41448 1 GB RAM FOR'ROW INSPEC7012 L 192.92
Total : 192.92
10795 ' 1f5P2007 001216 DALE'S- MAINTENANCE, C!0 LORI RAY81 01042067 REFUND REQUEST 231.50
Total : 231.50
10796 1/512007 000683 DAVID EVAIVS & ASSOCIATES 211922 - • 0315 0016 - APPLEWAY - DAVID EVANS • 3,228.42
211934 • 41408 PROJECT#0054, 447H AVE PATHV 721.64
. Total : 3,950.06
10797 1I5/2007 000686 DEPARTMENT OF LICENSING 01042007 DOL CASH TRANSMIT7AL 56.00
. : .
. • Total : 56.00
10798 1/5/2007 000152 DEPARTMENT OF TRANSPORTATION re-313-atb61212107 PINES/MANSFIELD CORR CONG RI 2,061.00
` .
vchlist Voucist
FagP: 2
01105I2007 . 3:21:21PM ` Spokane-Valley i .
~
Bank code : apbank
Voucher Date Vendor Invoico PO # DescriptionlAccount Amount
10798 1/512007 000152, _ 000152, DEPARTMEM' OF TRANSPORTA7IC (Continued)' . . , ' Total 2,061.00
10799 1/5l2007 000059 DEVLEMING, MICHAEL. 01042007 REIMBURSEMENT 84.76
01042007 • REIMBURSEMENT 317.20
, . • . . • . . Total: 401.96
10800 ' 1/512007 000028. FARMERS & MERCFtANTS BANK 01042007 . CC 11217 (MERCIER'S CARD) 110.00
• . • . 01042007 . . . CC.1563 (REGOi2'S CARD) . 39.96
01042007 CC~5078 (MUNSON'S CARD) 110.00
07042007 CC 5169 (WILHITE'S CARD) 110.00
01042007 . . •i'CC.5052 (DENENNY'S,CARD) . 110.00
01042007 CC 5045 (DEVLEMINGS CARD) 387.59
. . 01042007 CC 1225 (GOLMAN'S CARD) 662.41
' ' . • . _ 01042007 CC 1829 , 84.23
" . 1042007 . . . CC 1852 1,719.58
Total : 3,333.77
10801 11512007 000007- GRAINGER 9263131006 41416 SAFETY EQUIPMENT FOR NEW VE 154.85
• Total : 154.85
10802 1/512007 000002 N 8 H BUSINESS SYSTEMS INC. 153550 - MONTHLY COPIER COSTS/REN7AL 73.42
' Total : 73.42
10803 11512007 '001213 HILL,'('ONY . 01042007 . , REFUND REQUEST. 77.50
Total: 77.50
10804 115/2407: 000313 INLAND ASPHAL7 COMPAPtYY INC. 01052G07 41109 . 0019.13ROADWAY AVE. CONSTRUC 84,277.62
' Tota I : 84,277.62
10805 1/5@007 OOd979 IRS ENVIRONMENTAL 01042007 . . REFUND REQUEST 35425
Total: 354.26
10806 115f2007 000117 JOURNAL NEWS PUBLISHING INC. 28502 ADVERTISING 33.00 •
• . • , 28503 - . ADVER7ISING • , 30J5
. 28504 ADVERTISING 25.00 -
28545 ADVERTISING 25.00
. • 28546 ' • . • - . - ' ADVERTISING• 25.00
28507 ADVERTISING 57.00
. . Page: 2
vchlist : ' VoucherList Page: 3
0110512007. 3:21:21PM Spokane Valiey -
Bank code : apbank , , . 5..
Voucher Date Vendor - • Invoice • . ' PO # " • DescriptioNAccount Amount
10806 1/512007 000117 JOURNAL NEWS PUBLISHING INC. (Continued) .
• . . . 28529 . ADVERTISING 50.25
28530 ADVERTISING 82.50
28531 ADVERTI S I N C 83.25
. . • • - Total: 411.75
10807 11512007 000$64 JUB ENGINEERS, INC. QQ43216 41168 06-001 STREE'I' MASTER PlAN 21,aa8.41
. . . , Total: 21,808.41
108Q8 1/5/2007 000069 MERCIER, DAVID 01032007 AUTO ALLOWANCE 400.00
. . Total: 400.00
10809 1/5/2a07 001035 NENUORK DESIGN & MANAGEMEN3' 14771 DECEMBER MAINTENANCE 2,405.00
. • 14772 CONVERSION TO NEW SERVICE 65.00
Total : 2,470.00
10810 1/5/2007 001090 NORTHWEST S1GIdAL SUPPLY INC. 21827 - 41256 ' 0099 - BROADWAY AVE SIGNAL CC 9,740.00
_ 21832 41439 5 BI-MODAL YELLOW ARROWS 1,34320
. Total : 11,043.20
10811 11512007 000512 OFFICE7EAM 17282359 SERVICES FOR ANGELA FINCH 660.00
17332901 SERVICES FOR ANGELA FIIVCH 396.00
- ' ' Total: 1,056.00
14812 1!5/2007. 001073 PATRIOT SALES, INC. 391 41128 00046ARKER ROAD, 06-009- SIGN. 16,579.17
~ 7otal: 16,579.17
10813 -:1/5/2007• 001214 PHAY, JEANNE - -~01042007-• REFUND REQUEST 71.00
. . • . . . , . . . . . . ' Totaf : 71.00
10814 9l5I2007 000119 PIP PRINTING INC. 1330036444 BUSINESS CARD RE-ORDER 137.35
Total : 137.35
10815 11512007 000172 SPOKANE COUNIY ENGINEER vty061-1 SPOKANE COUNTY MONTHLY INV( 59,527,35
vIy0611 44937 PINES/MANSFIELD MOU WITH COl 14,073.74
40937
" . Total : 73,601.09
. ; , 3
vchlist . Vow 'List .4
_ 01105/2007 . :--=--21PM
. . _ _ ' . . • G-
Bank codo : apbank . . , . - . - . . . . . • , . .
" .
Voucher Date Vendor . Invoice PO #i DescriptionlAccount Amount
10816 1/5J2007 000658: SPOKANE.COUNT•Y SUPERIOR COURT 01052407 , FILJNG FEES ,200.00
- _ , ' • • - ' ~ . _ • . . . Total : 200.00
10817 1l5/2007 001211 SPOKANE COUNTY TREASURER, ATTN: 12282006 -LIQUOR TAX AND PROFIT; 3RD QT 4,813.22
. ' . , ' Total: 4,813.22
10818 11512007 000273 SPOKANE REGION'AL, TRANSPORTATIC 01032007 2007 BUDGETS 34,300.00
Total,: 34,300.00
-10819 1/5/Z007 001215 SPOKANE RIVER CHAPTER HOG 01042007 REFUNA REQUEST 360.25
- Total: 360.25
10824 1!5/2007 000391 SPOKANE VALLEY FIRE DIST. #1 01042007 , • FIRE PLAN FEES 10,954.38
. - , , . . . , - Total.: 10,950.38
10821 1/5/2007 001212 TENNER, GREG 0'1042007 , REFUND REQUESI' - 6.00
. Total : 6.00
10822 1/512007 000014 TYLER TECHNOLOG{ES, INC. ' 102218 2007 SUPPORT 30,425.21
. ' Total : 30,425.21 .
10823 11512007 000098 WA CITIES INSURANCE AUTHORITY 07202 PROGRAM ASSESSMENT FOR 200' 175,903.00
- Total : 175,903.00
, 37 Vouchers for bank code : apbank APP~OVED. Bank total : 634,852.87
37 Vouchers in this report • "Total vouchers : 634,852.87
I, the undersigned, do certify under ponalty af petjury, o~
that the materiafs have been fumished, the services Keta Thompso[t, Finance Director Date ~
rendered, or the labor partormed as described herofn • 'and that the Gafm is just, due and"an unpaid abligation r'
against the City of Spokane Valley, and that I am , r~' v\1 uv r l~t/t1C'~
authorized to authenticate and certify to said claim. . . • - • ' IVI's13'OE' WtE . _ . ,
Finance Director. Date -
• • ~ u~ue:iL~xd,iut~r~c~.
_ ~ . Page: 4
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 01-23-07 City Manager Sign-off:
Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report pending legislation
AGENDA ITEM TITLE :
Payroll for Period Ending January 15, 2007
GOVERNING LEGISLATION: ,
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
.
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGET/FINANCIAL IMPACTS:
Gross: $ 150,490.90
Benefits: $ 20,053.00
TOTAL PAYROLL: $ 170,543.90
STAFF CONTACT: Jason Faulkner .
ATTACHMENTS
~
ll12AF"r , M1N'U I'ES
` - = SPOKr'F VALLFY CTI'Y COLJNCIL
SPECTAL MIE'I'1NG
Wednesclay, .Tanuary 3, 2007 6:00 p.m.
City Hall Council Chamliers
11707 East Spraguc Avenuc
Spol:ane Valley, Washington
Mayor Wilhite called the meeting to orctcr at 6:05 p.rn.
AttEndcutce: Staff:
Diana Wilhite, IVlayor Davc Mercier, City Vlanager
Steve Taylor, Deputy Mayor Mike Connelly, City Attnrney
Gary Scilimmels, Councilmember Ivtarina Sukup, Community Development Dir.
iVike DeVleming, Councilmember Greg vlcCormick, Planning Mananer
i3ill Gothmann, Councilmember Neil Kersten, Public Works Director
Rich Munson, Councilmember Chris I3ainbridge; City Clerk .
AbsePZt: Dick 17enenny, Councilmember
ROi..L CALL: City C:lerk Bainbridge ealled the roll; all Councilmembers were present except
Councilmember I7enenny. It ivas muvEd by Cauirrilntentber M:atson, seconded, arul inianinzously ugrEecl
to e.rcuse Council►nenrber Denenrty from tofaight's nieetirtg.
1. CouneiUStafElaiscussionficliberation: Uniform Develooment Code'1"itles 17. 18 and 20
t•~ Cotnmunity Development I7irector Sukup meneioned chat the drafting of these titles was a joint effort
with staff &om her Deparlment, laeputy City Vianagcr Regor, City Attoriiey Connelly, f'ublic Worl:s
Director Kersten, and the Planning Conunission, and comments received from Councilmemhers Munson
ancl GoChmann. R.egardina review procedure to follow tonight for dlese discussions, it was determineci
the Planning Commission's document will be used as the base ctocument:, wit.h movement to the first
place a councilmember has c{uestions, or where staff ha.s proposed changes. Deputy Mayor Taylor asked
that during the process, that staff note for coimcil what seclions are regulatecl by state statute and therefore
not subject to change; and to note any areas which were points of contention with the members of the
Planning Commission. vlr. Mercier further suggestecl that Council cleliberatc and come to consensus on
each chapter ifpossible, and have the formal 3cloption ot'all ehapter5 simultaneously irl March.
'1'itle 17: Afler Council discussion, below are the suggested cbanges per Council consensus:
Paee 6: '1"able 17.40-2: the pre-applicatinn canference Por tlpplication Type II should be an "X" for
required rathee than the shown "d" for optional.
Page 10: 2a. Notice by ~v1aiL• (second sentence): \~'here any portion of the property abutting the subject
property is owcied, controlled, or under the option of the project property owner, then all propercy owners
with.in [hree hundrecl (300) fqot radius ...:Con.cen.rus to cytarlQe 300 feet to 400 feet.
Pm!e 15: 8a: should read: i... and, ii.... and iii, or iv or v.
PaLye 15: 9 City Council Flction - regarding the publie hearing: City tlttorr►ey Connelly will research
whether this should state if the hearing is open or closed. v1r. Connelly added that iFthe word "public" is
' used, the -word "open" is not necessary, as the ane assumes the other [a public hearing is an open hearing].
Pafze 17: item 7: same comment as page 1 5-9 above. N1r. Connelly will chcck that also.
Specia) Meeting Minute.s: 01-03-07 Page 1 oF3
Approved by Colmcil:
llRAFT
I'tiee 17: 5. Findings of Fact: City Attorney Connelly said if the Planning Commission conducts the
public hearing, they should also prepare forrna) findings or so note those fndings in the meering minutes.
Paee 21: formatcing error: 17.50.060 - neecl space betNveen b. antl c.
Page 24: Compliance and F.n..forcemenl': r4garding signing a compliance ag-cement; Director Sukup stated
ttiat the objective is eomplia.nce, and there are some cilizens who have complied, but don'C Wfllli t0 SIe11
the voluntary ageemcnt; and lhere sliould be a provision t}iat addresses that. Director Sukup will sug„est
an appropriate place for thal at a later date. Regarding fines, Atcorney Connelly said that currently there is
a"flat" fine and it was proposed to have subsequent violatiovs result in esaalated fines; to which Council
concurred and stated tlley would like Co review thosc provisions once drafi:cd. Calso sec commenl'S
rcgarding page 35.]
PaQe 26: 46 top of page: Attorney Connelly said staff'will work to revise the paragraph lo make it easier
to read [17.60.040 96. In tAdministering the nrovisions for code cnmpliance, the City
Paec 34: 17.60.260 91 Civil Penalties - omit a and band have the paragraph encf as pursuant to the
following schedule: Notice aald nrders and stop work orders: basic initial penalty: $500.00.
1'aLC 35: 17.60.290 Civil Penalties -Waivers: staff wil] draft languagc to allow the violation Ca be
dismissetl evcn if the offender does not sign a vnluntary conlplianee agreement.
Slaff ivill brir7g Title 17 back to Cotnrcil far re-re>>ietiv.
Mayor 1Vilhite called for a recess at 7:19 p.m. and reconvened the mceting at 7;25 p.m.
TII'LE 18: After Council discussion, bslow are the suggested changc.s per Couneil consensus:
PaLe 2: #3: ltevisc to read: "the commission shall adopt such rules and procedures as are necessary for
the conduet of business and shall keep a recording af it:s peoceedings subject to approval of the Council.
Paae 3: 18.20.020 Powers and I3uties. Amend la iv: "Shoreline Permits when they need a condicional
use permit or varianee" (nr siniilar verbiage) which, vT.s. Sukup explained is when a public hearing would
be required.
It wus Council canserastts that there is no rreetl for Council to re-review `litle 18.
TiTLL, 20: tlfter Council discussion, below are the suggest ed changes per Council consensus:
Paee 3: 20.10.080 General lle.sign. # l: Staff will coiisider changing the word "character" to the specific
verbiage in dle comprehensive plan.
Paee 4: dii will need tn change the referencc to the appropriate Code section.
Paee 4: 3a: Aftcr discussion concerning the use of 800 feet block length maximum, it was CoLmcil
coiisensus to leave this as 800 feet.
Page•4: First para' aph: vls. Sukup said ihat V1r. Kersten recommended adding the word "aonnectivity"
in the very first sentence to rcad: Block ciimensions should reflect due regard to the needs of coiivenience
aceess, connectivity, public safety, emergency vehicle access....
Paee 5' CounCil consensus to make the organizational change as shown in the strike-out version (moving
20.10.080 3d to a ncw number 10; and re-numbering current 10; 11 and 12.)
Spceial Meeting Minutes: 01-03-07 Page 2 of 3
Approved by Council:
DRA Vf
PaQe 6: Questions arose aboul aclcling language t}iat one of the areas to be eaaninecl by the Wearing
Examiner is emergency egress or evacuations. Attorney Corulelly saicl he will research whether we cauld
have development regulations that would require findings concerning an emergency cvacuation egress;
and we sliould nat include aeneral statements in the zoning cocle whicli are designed to snlve parh:icular
problems; that if there is an area in the urban growth area that poses a unique danaer due to fire, trees, or
is adjacent co natural areas, then we may want to have specific design plans for those speeific areas; and if
that is the case, those areas and design standards need to be identified; ancl also a nced to examine that
link with the comprebensive plan and how it might be opcrationalized using the statutory language.
I'age 6: 20.20.020 lc: change the hwo references tn 300 feet, to 400 feet.
Couneil eonsensus to add lan'uage to allow submiWal of eleetronic versions, such as audo cad, asri micro-
station, in specified standards, but diat it would noc serve as a substitute for paper copy. Tairectqr Sukup
will draft that language fnr a new subsection 3e; fbattom oa2c 61; then re-number f and g top of page 7.
Pap-e 7: include electronic sub.m. iCtal as a new suhsection under 20.20A20 2p; and the language would be
replicated at boch the preliminary and tinal levrel. Directdr Sukup also rcceived Council consensus to ac1d:
"$oundary points for corner shall be located by Global Positioning SyStem (GPS) on the preliminary
subdivision, fnal short subdivision or final binding site plan bascd on Washington State 1'lane Coorclinate
North 7one North American Datum 83 (NAD 83) in U.S. feet. 1'recision shall meet High Accuracy
Reference Network (HF1RN) or Fl.igh Precision Geodetic Network (HPGN) standards. The final
subdivision, final short subdivision or final binding site plan shall show or be accompanied by a map
showing the cqntrol system through which the coordinates were determinecl from points of knowm
coordinates in conformance with RCW 53.09.070." 17irector Sukup explained that dhose will be the
boundary points for corners on the survey.
I'aae 9; incltide electronic submittal (as mentioned above) under 20.30.010
Paee 1 l: Concerning #15: discussion on the arder of a-h, and whether to add review by the i'ire
iaepartment and to have I:hat revicw rirst. Mr. McCormick said thaC st~ff will research this issue (and
cheek with the Fire Department) to determine where best to place the requirement that che Fire
Departrncnt review the preliminary plat, as the Fire laepartrnent review is not needed fdr a f rial plat.
Paee 13: Change 300 feet to 400 feet (mid-page ucidcr 20.60.020 first paragraph).
PaQe 15: #6. Delete the first Cwro Lines so the section would begin: A recorcl of survey of the property
shall be completeci.....
There was also discussion on addinb a elause t:hat all nelvly created lots shall front on a public street. No
consensus on that at lhis time. Aldiough not enumer3ted in these m.i.nutes, cluring the above process staff
mentioned immerous sectinns regulated by state statute and therefore not subject tn c;hange.
There being no fiirther busiaess, the meeting adjourned at 8:55 p.m.
ATTI:ST:
taiana Wilhite, Vlayor
Christine T3ainbridge, City Clerk
Special Tvieeting A4inutes: 01-03-07 Page 3 of 3
Approved by Council:
nuAFT
~ l) A-11NUTF S
I-- City of Spokxoe Valley
City Council Regular illeecing .
Tuesday, January 9, 2007
Mayor Wilhite called the meeting, to order at 6:00 p.rn., and welcomed everyone to the 107°i meeting.
Attendarrce: Ciry Saaff
Diana Wilhite, Mayor Dave Mercier, City Manager
Steve 'Caylor, De:puty Mayor Nina E'Zebor, Deputy City Iv1anager
Gary Schimtnels, Cou.ncilmcmber Mike Connelly, City Attorney
Dick De.nenny, Cauncilmember Ken Tliompson, Financ.e Director
Aill Gothmann, Councilmember vtike Jackson, Parks & Rec Director
Rich Munsvn, Councilmember Greg MeCormick; P[anning Manager
Marina Sukup, Comrnunity Development Dir.
Abserct: Scott KKuMta, Senior 1'lanner
Mike DeVleming, Councilmember Karen Kenclall, Assistantl'lanner
Carolbelle Branch, Public Tnformation f)fficer
Greg Bingaman, rI' SpecialisC
Chris 13ainbridge, City Clcrk
[NVOCATION: Councilmecnber Munson gave thc invocation. P.LEDGE OF Ai,T..EGIAIVCE: i12iiyror Wilhite led the Plecige of Allebianac.
RQLL CAL]L: City Clerk Bainbridge called roll; all councilmemher5 were presenC exe.ept
CounciLnemhcr DeVleining. It was ntoved by Coimcilrneirlber' AfIp7C017, secorrded trnd unairimously
trgreed to excuse Cviatcilmember DeVlenring. -
APPiZUVaLOF AGENllA: It %vas moved by 17eputy:Mayor Taylor, secondetl urrd urrarrrmously ugreed
ta approve t{1e antetuled ugelrdcr.
IlVTRQDUCTION OF SPTCIAL CITES'fS A.IVD FRESEIV1AfIONS: Mayor W'tl.hitE ack.nowledged
the presence of F3oy Scouts and t:heix Ieaders fi•om troops 423, 426 and 410. Commuility pevelopmenl'
llirector Sukup introduced Mary Kate iVlartin, our new I3uildint* Official, who starreci work here
approximaCely a week ago.
C0JiVhM1'I TEF., ROARD, LIAiSON SiJ-ATN4A12Y REYORTS:
Deoutv Mavor Tavlor: reported that he met last Friday with rnembers from the Sporis Commission,
representatives from Tliberly Iaka Council, and the owner nf SporCS USA building regarding options and
alternative.s for use of the elosed building.
. CouncilmEmber Gothmann: stated that hc attended Judge Padden's recent retiremenl.
1VIAYOR'S JtEI'OIZf: \io rcport.
1'UBI.IC C01VViT~N7'S:
Bill «allace. 19321 E AZain. Snokane Vallev: concerning t3arker Road, hc stated that the bridge is
currently vety dangerous and he feels somebody will get killed on the bridge going nordi; that when Ane
is in line witli the nor[hbound lane, you can't see the abutczlent, especially on very dark rainy nights; that
many people talked to him about the dangers of t:he bridge. Mr. Schimmels aclded that Public tUorks
Director Kersten spokc with Mc. Schimmels recentiy and Mr. Kersten is aNvare of the bridge and is
exarnining the issue.
Council A'Ieetino: 01-09-07 Page 1 oC4
Approved by Council:
IaR.AFT
Gail Stiltncr, 10119 E 44"' Ave: voieecl general cornments conceming changes ta the Comprehensive 1'lan
«<hich were due the end of Dece.mber; that she read through the changes again, and understands the need
for the words "should" and "may" iind also undcrstands the possible legal ramification of havinc, stronger
language; but an area she requcsts cauncil and staff re-examine is those situations which involve citizen
safety such as ernergencies; and road access; that she feels it is apprnpriate and necessary to use words
lil:e "will" or "shall" as t:hey make an impoilant statement tMat t}1is is something that will be eonsidered
and done; and she asks Council and staff to look. at that again, especially in those eritical areas.
1.1'U13L1C HEARING: rxtension of UIZ-1 Zonins - Iblarina Sulcup
vlayor Wilhite opened the public hearing at 6:23 p.m., and invited Director Sukup to the podium.
Commt►niry llevelopment .Dircctor Sukup explained that this is the fourth extension request of the interim
-r.oninb and that such an extension requires Council to holcl apublic hearing. She added that the currcnt
interim zoning expires \!Tarch 6, 2007. MAyor VJilhite invited publie c.Omment.
A J 1'ondini. S 451.5 Farr Road: said he lives in the fifth edition of the Ponclerosa area; and said he favors
maintainin~ the stahis quo; lhat he was attracted to the locale because of the spacious areas; tind he
recotnmends not alkering the size as it is environmentally friendly for kids.
Gail Stiltner. 10 ll9 E 44`h Avenue: explained that she appreciates CoLmcil's clesire to protect and preserve
the character of neighborhoods; that these areas are unique aiid tivorth protecting with appropriate zoning;
and such areas tal:e a«<ay the impact of urban sprawl thus making them a more marl:etable community;
and that the onc housc per acee helps solve the problem of ingTess and egress eonccrning emergency
planning and limited roads fnr evaeuiition.
Deanna I•lorman_ 1319 S Shamrock.: saici she liwes in the Rote.htord arel and favors the cun-ent • •
configuraCion. -
John DacQuista, Ponderosa: City Clerl: Bainbriclge read a statement received via e-mail from John
Dacquisto, urginb Cotmeil fo renew the temporary zoning for acre lots in the Ynnderosa and Rotehford
areas.
-Mayor Wilhice invited fur[her public comments, uo comments were offered ancl Iuiayor Wilhite close<l
the publie hearing at 6:27 p.m.
2. CONSENT A.GF\'laA: Consists of items considered routine which are apprnved as a group. t1
Councilmember may remove an iCem from the Consent Agenda tA be considered separately.
a. Following Claim Vouchers:
VpUCI-IER LIST DATC VOUCIiER tts '1'OTA1. VOUCHER
AMOUNT
~ 12-08-2006 10551 ~ 6.25
~ 12-08-2006 10552 ~ • 5,548.45
~ 12-08-2006 10550; 10553-10607 ~ 406,852.77
' 12-15-2006 10608; 10615-10676
(eYCluding voided 10622 and 224,636.19
10626)
12-26-2006 10677-10736 (cxcluding 301,499.14
voided 10686 and 10702)
~ GRAND TOTA-L 938,542.80 -
Cauncil lviccting: 01-09-07 Pabe 2 of 4
Approved by Council:
DRAFT
b. Payroll for Period Ending Deceinber 15, 2006: $161,392.16
~ c. Payroll for Period Endinb December 31, 2006: $219,620.94
cl. Ratificalion ofJanuary 2, 2007 City I-Iall Closure
e. Nlinutes of Decerribcr 12, 2006 Council Regular ivleeting
f. Minutes of December 19, 2006 CoLmcil Sludy Session Meeting
It was moved by Deputy Trrylor, secorrded rn:d i.rrianin:oirsly agreecl to ejpprove the consent ageiida..
NEW BUSINLSS
3. First Readine Proaosed Ordinance 07-001 Esl:enclinp- iJR-1 7one - Viarina Sukun
After City Clerk Bainbriclge read the ordinance title, it was nioved by Councilmember Gotlrirrarrn arrd
secoridecl, !o advunce ordinnnce 07-001, QllIjl0Yl1111g iJ7G'r01lYI{1 NTIB)7SlOT2 of Ijl2 Il1t8YIAT UR-I YeS1CIC'IJ1fUI
estute zaritrg ir1 tlre Ponderosa atul Rotchforrl iieighborl7oods, to a second reucling. Community
Development Direclor Sukup explained about the area and the UR-1 zone, and that the tradition is Co
allow for horses in Che neighborhood; dhat neither the Ponclerosa nor the Rotchford areas are served by
public sewEr; and bodi are environmentally sensitive areas. Councillstaff discussion ensued regarding
procedures in place now For someone to add a second dwelling on their lot; the notification proceciure;
whethe.r clkvcllings flre attached nr detaehecf; the four units per acre minimum in urban groN4h areas;
restricrive cnvenants, and variance rules. viayor `Vilhite invitetl public conunent; no camments were
offered. Yole by trcclumatiori: bi Fm~or: U►iarrimous. Opposed.• Alofre. Abstentians: iNlone. Mntion
cur-j•ied
4. First .R.cadina Pronosed Ordinance 07-002 Street Vacation Portion of 15`h Avenue - T:.aren Kendall,
Afte•r City Clerk Bainbridgc read the ordinance title; it wiis nravecl by .Deputy .44ryor '1'avlor arrd secunc'led,
to aclvutrce or•tlinanee 07-002 to a second reacling. Assistant Planner Kendall gave baek3rounct on the
propased ordinance, esplaining lhat t:Fiis is a request to vacate hvo pnrlions of right-ot-way along 15"'
. Avenue at the end of thc cul-de-sac; and that tlie 1'lanninb Commission held a public hearing <<ncl
recomrnends approval. Mayor Wilhite invited public comment; no comments were oFfcred. Vote hy
acdanurtion: .Irr Fuvor: Uirarrimo:is. 01)1,,osed.• A'one. Abslenliuns: ATone. lviotion calTied.
5. Ivlotion ConsideratiQri: riber lnternet Semice for Cen[er}?Itice-Mike Jackson
Parks and Recreation lliret;cor Jac:kson give a brief history of the requesC for fber int:ernet service for
CenccrPlace per }iis Request for council Action form, aclding that ttie current proposal is more ecnnornical
than dhat which was previausly cliseussed last spring as there will be no installation c:osL It was nroved Gy .
Deputy llfcryor `1"aylor und seeo►7de<.l to authorize installation of Isrteniet Fiber cr! CenterPlrrce. lVlayor
Wilhice invited public comment; no comments were offe.recl. Vo[e by ucclcunution: L: Favor: Unrnrinrous.
Opposed: None. Abs[ention.s: Nnne. Ulotiai cai-i-ied.
Sa. VtayoraI rlnnointinent: Public `C'rlnsaortation Imornvemenl Conferenc,e - Mavor 4Vilhite Ntayor Wilhite explained that she reccived a letter from AI French, Chair of the 2007 Spokane Transit
Board of Directors, askinb for our city's rcpresented attendauce at the 2007 Public `t'ransportation
lmprovement Conference (PT1C) for the purpose of reviewirig Spqkane Transit Authority's service
boundiiries. A![ayror Wilhite said that she is available and therefore appoints herself, and asks for Council
confirniation of the appoinmient. It ►vas ,noverl by Councilnrember Murrsoir, seconded, Cl7JCI 1I17Q1171I10ilSIy
approvetl to corrfrrnr the Mcryor's appointnrent of herself !o the 2007 P:TIC.
1'UBLTC COA-IlVIE\TTS. Mayor Williite invited general public comments. No corn.ments were offered.
ADMIlNISTRAT:N:r REPOlt`I'S:
E,. Request for Oualifications far Citv Center Consultinp- Sen=ices - Scott Kuhta
iVlr. Kuhta statcd that in effqrts to continue with the City Center planning and future development plaiis,
stafl'has prepared a City Center Consulting Services Reyuest for Qualifications (RT'Q) for Council i-eview
Coimcil IMeeting, 01-09-07 Fage 3 of4
. Approved by Council:
DRAFT and feedback. tVLr. Kuhta expldined the background per his January 2, 2007 fZequest for Council Aclion
form, anci the three options to pursue ehe city center development; and that Council previously expressed
a dcsire to pursue option 3; e.g. "Mavste.r plan and corte the preferred site, secure property by purch~tse or
option, market the city eenter plan ta developers thrnugh a competitive Request for Praposals (FZFI')
process and t;hen re•seil properl:y to selected developer." vlr. IC.uhta said that Michael Freedman had
sus*gested there is a need to help us move dirough this endeavor, and that we will need consultant
expertise in ciealin- with private property owners. The budgeted amaunt for this endeavar; vlr. Kuhla
explained, is behvzen $20,000 and $50;000; aiid that we are not sure exactly what kind of assistance we
w ill ne:ed as it all clepends on the type of responses we get. Councilmembcr Munson state(j that while the
preference may be to go with option 3; no decision has been macle yet as the data-gat.hering has not yet
been eompleted; and Mr. Mercier aclcieci that there is the conundt°um that Nve don't laiow hoNv to acquire
data without initiating a requesl for information yet. Mayor Wilhite also voic.ed her opinion that Council
lias not yet made a decision on which option, but arc willing to explore all options; and she wpuld favor a
publicJprivace partnership workinc in e4njunction with developers. lt Nvas Council consensus for stsff to
move forward; adding t:hat they want to see xll options. 7. Pronosed Ordinance /Amendinp- DanEerous Doa Apt)eals - Carv Drisl:el)
Cin, Attorney Connelly, stepping in far Mr. Driskell, explained t:hat they are working to re.vise the appeal
procedure for dangerous dog partly in response to the L3oard of County Commissioners' desire ❑oc to hcar
our appeals; and that this ehangc ►iieans that Nve need to revise some of our anpeal procedures curnently in
our municipal code. Nir. Connelly said that in draRing 3nd diSCu55ing changes wikh the Mearing
Examiner, ancl also with Nht.ncy Hill of SCRAPS; iC was mentioned that it would be clearer for t\nimal
Control and the Hearino rxaminer to use lhe regulations if we were to customize the CounCy rogulations
to the City, and adopt them as our own; and that the Count}, is also worhing on their own ordinance
changes; and this topic Will come up aLain in a few more monChs to revise die entire prncess; but in the
meantime, these proposed ehanges will cany us lhrough in case an appeal rises. Council concurred that ,
staft should mnve forward in draRing ehe ordinance for council approval consideration. -Tn other business, Mayor Wilhite mentionecl lhat a study session was going to be scheduled t:o reviexv
UDC '1"itle 19 on Thursday, t'ebruary 22, but due to conflicts, chat rneeting will now be helcl 1Vcdnesday,
February 21. NfaSror Wilhiee also mentioned there will be a"Conversation wilh lhe Community" at the
Ponderosa Elementary school on January 18, 2007.
Therc being no further btisiness; it was maved by Courrcilmenlber, llfurisan, secorrr.led, Q71CI 1fl'1Q7771)lU2lSIy
agreed ta adjow-n. The meeting adjourned at 7:12 p.m.
ATT11S"I":
I7iana Wilhit'e, Nf.ayor
Christine Bainbridge, City Clerk
:
Counc6l Nieeting: 01-09-07 Page 4 of4
Approved by Couiicil:
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: January 23, 2007. City Manager Sign-off:
item: Check all that apply: ❑ consent 0 old business ❑ ne%v business 0 public hearing
❑ information ❑ admin, report (D pending legislatian
AGENDA ITEM TITLE: Second Reading Proposed Ordinance 07-001: 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. Council held a public hearing and a first reading of the ordinance January 9, 2007.
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 of the interim zoning regulation. The
objection centered on the minimum 40,000 square foot requirement for new lots.
OPTIONS: RECOMMENDED ACTION: Move to approve ordinance 07-001, authorizing an additional six-
month extension of the interim UR-1 Residential Estate zoning in the Ponderosa and Rotchford
neighborhoods.
BUDGET/FINANCIAL IMPACTS: Not applicable.
STAFF CONTACT: Marina Sukup, Community Development Director
ATTACHMENTS:
~ Draft ordinance, Findings of Fact, Amended Workplan
DRA FT
CITY OF SPOKANE VAi.LEY
SPQKANE CQiI\'TY, WASITGTOI~j
- O:F2.DTNANCE NO. 07-001
AN OR17L1'ANCE OF THF CITY OF SPpKANE VALLEY, WASHINGTOn',
EX1'E4 \'ATNG THE URBAiN 12ESIllENTIAL ESTATE (UR-l) rNTEI2ZlVi 7ONING
AUT1301ZL"/_•.F,D BX ORniNANCF No. 04-035 FOR AN'tiDDITIONAL SLX MONTHS
BEYO\'D TIIE TFIIIZU EYTENSION APPIZOVED BX QRnT1iANCF. Na. 06-019 I\T
1HE POiNDEROSA A.ND ROTCWFnRD ARICAS; A1Vb AMENi)iNG 'CHE FINllL~SGS
OF FACT A1Vn WORKPLA\'.
NWI-iTREAS, Ttle Gro-svth Management Act provides that all zoning regulations be consistent with an
adopted Comprehensive Plan (R.CVJ 35A.63.105); and
WH.T:,R,EAS, RCW 35A.63.220 provides for establishment of inlerim zoning fqr up to onc year fqllowing
a public hearing where aWork plan is developed for related studies; and
'WH1:RFAS, the interim zoning may be eatended for one or more sia-month ncriods if a subsequent
public liearing is held and fnclings of fact are made priar to each renewal; and
VIrh1EItEAS, the Spnkane Valley Developmcnt Rcgulations will be finalized on or beforeMarch 31,
2007; antl
WH:EREAS; the neighborhoods desire to continue the I.ntei•im Goning until such time as full analysis has
been completed; ancl
WI-TFRF.AS, following a public hearing and the adoption of rindings imcf a revised Workplan, Ordinance
iNo. 06-001 extended the interim -r.oning for a rcriod of six months until September 6, 2006, and
Ordinance \fo. 06-019 further extended the provisions until Mareh 6, 2007; and
WT-IERCAS, the City Council held a public hearing on January 9, 2007 and approved revised the Fi►idings
nf Fact anci Workplan.
NOW; `I'I-iE17EFORE; the City Council of t;he City of Spokane VaUey, Washington, ordains as follows:
SecNon 1. The lnterim Urban Residential Estate (UR-1) Zoning is hereUy extended for an additional
six mondi period until September 6, 2007 wikhin thc original bou►ldaries aiid subject to the regulations set
forth in Spokane Valley Ordinance No. 04-035.
Sec:tion 2.. Severabilitv,. if any section, sentence, clause or phrase of tlus ordinxnce shall be held to be
invalid or uneonstitutional by a court of competent jurisdiction, such invaliciity or unconstieutionalicy shall
not affect the validity or constitutionality of any other sec.tion, sentence, clause or phrase of this
a•dinance.
Sectiun 4. Effective Date This Ordinance shall be in full force and effect five days lfter publication of
this Ordina.nce or a summary thereof occurs in lhc offtcial newspaper of the City as provided by law.
~ ~Ordinanec 07-00 t E,xt UR-1 Page 1 of 2
17RA FT
PASSFD by the City Council this day of January, 2407.
Mayor, Diana Wilhite
ATTEST:
City Clerk, Christine Bainbridge
Approved as to k"orm:
Office of the City Atrorney
17ate of Publicalion:
Effective Date:
,
Orclinance 07-001 E-xt U.R-l Page 2 of2
• DEPARTMENT OF COMMUNITY OEYEl.OPMENT
"`Igne FINDINGS QF FACT
REVISED JANUARY 1, 2007
;Osvailey FOURTH EXTENSION OF INTERIM URBAN RESIDENTIAL ESTATE
(UR-1) ZONING FOR SIX MONTHS
J
STAFF REPORT DATE: January 1, 2047
PROP03AL DESCRIPT}ON: Extension of interim zoning controls to limit residential densities
for a period of six months, artd to continue pradice of allowing the keeping of large animals
on residential lots.
PROPOSnI. LocnnoN: Portions of the Ponderosa and Rotchford residential subdivisions.
PREPARED BY: Marina Sukup, AICP, Director, Spokane Valley Community Development
Dept.
1. BACKGROUND INFORMATION
PROPERTY INFORMATION:
Size & Ponderosa: Located adjacent to Browne's Mountain on the southem edge of
Charactedstics: the City, neighbonng the Dishman Natural Area on the northwest and the Iller
~ Conservatian area on the south. Fufly developed single-family residential lots
generally exceeding ane acre in size, served by local access and residential
coflectors. Limited access to municipal wastewater colledian system. Terrain
hilly with intermfttent streams feeding Chester Creek. Portion of the
subdivision located within the 100-year floodplain. Large stands of natEve
Ponderosa pines. Abuts a closed lancifill. Platted in phases between 1964
and 1992.
Rotchford: Located on the eastern edge of the City Fully developed single-
family residential lats generally exceeding one acre in size, served by local
access and residerrtial collectors. No access to municipal wastewater
collection system. Rolling teRain abutting steep hills with drainage into
Saltese Creek. Sattese Creek is located within the 100-year floadplain.
Platted in 1974.
Both subdivisions were originally platted as residential subdivisions dessgned
for the keeping of a limited number of horses_
SURROUNDING COMPREHENSIVE PLAN 8c ZONING
Subjed Comprehensive Plan - Low Density Residential
Properties:
Zoning - Interim UR-1 Residential Estate
~ UR-1 Interim Zon;ng
FtNDIMGS ftevised
lAnuary t, 21707
1 ofJ
II. FINDINGS OF FACT AND CONCLUSIONS
The Spokane Valley 2006-2026 Comprehensive Plan pravides the following guidance in
relevant part:
CHAPTER 2 LAND USE:
Residential Goals & Policies
Goal
LUG-1 Preserve and protect the character of Spokane Valley's residential
neighborhoods.
Policies
LUP-1.9 Maintain and profect the character of existing and future residential
neighborhoods through the development and enforcement af the City's
land use regulations and joint planning.
LUP-9.2 Protect residential areas from impacts of adjacent non-residential uses
and/or higher intensity uses through the development and enforcement of
the City's land use regulations and joint planning.
LUP-9.3 Review and revise as necessary, existing land use regulations to provide
for innovation and flexibility in the design of new residential
developments, accessory dwelling units and in-fill development.
LUP-9.4 Encourage the development of transportation routes and facilities to
serve residential neighborhoods. Special attention should be given to
pedestrian circulation. ; LUP-1.5 Encourage the development of parks and the dedication of apen space in and adjacent to residential areas. Open space dedication shall be
proportionate to the size of the development.
LUP-1.6 Preserve site characteristics that enhance 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.
LUP-1.7 Allow zone changes within fhe Low Density Residential _ category only
when specific criteria are met. Criteria may include:
• Substantial changes within zone change area.
• Clear mapping errors.
- Adequate facilities and services (e.g. sewer, water capacity).
• Consistency with densities in the vicinity of the zone change.
UR-1 Interim Zoning
FINDINGS Revised
January1, 2007
2of7
CHAPTER 10 NEIGHBORHOODS: Goal
~NG-2 Preserve and protect the character of Spokane Vailey's residential
neighborhoods.
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 joint planning.
NP-2.2 Review and revise as necessary, existing land use regulations to provide
for innovation and flexibility in the design of new residential
developments, accessory dwelling units, and in-fill development.
IVP-2.3 Encourage the development of parks and the dedication of open space in
and adjacent to residential areas. Open space dedication shall be .
proportionate to the size of the development.
!VP-2.4 Preserve site characteristics that enhance 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 Residential category only
when specific criteria are met. Criteria may include:
• Substantial changes within zone change area.
Clear mapping errors.
• Adequate facilities and services (e.g. sewer, water capacity).
• 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 associated with arterials, freeways and rail
corridors.
NP 2.7 Encourage rehabilitation and improvement programs to conserve and
upgrade existing properties and buildings. NP-2.8 Encourage programs targeted at neighbor9iood preservation, including
Weed and Seed, housing rehabilitation and crime prevention programs,
such as Neighborhood Watch, McGruff Houses, etc.
NP-2.9 Integrafe retail developments into surrounding neighborhoods through
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 with the
neighborhood. NP-2.10 Develop guidelines and options for Neighborhood/sub-area associations
which facilitate the refinement of Neighborhoodlsub-area plans.
`
UR-1 Interim zoning
FINDINGS Revised
January 1, 2047
3 af7
NEIGHBORHOOD CHARACTER:
-
Ponderosa: Low density residential designed for on-premises maintenance of a limited ;number of horses. Heavily wooded with rugged terrain in parts. Expansion to the northwest
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 limited
number of horses. Terrain is relatively flat east of Sullivan Road with steep hillside limiting
any easterly expansion. Equine easements provided on local streets. Subdivision is fully
developed_
Social Character: Well-organized and cohesive neighbofioods.
DESIGN QUALITY: Local access and residential collectors designed to accommodate lots
of approximately one acre. Single-family housing is well-maintained and designed for
residential privacy. A limited number of large animals, especially horses is a design theme
in both neighborhoods.
Although the Spokane Valley 2006-2026 Comprehensive Plan has been adopted,
Spokane Valley has not finalized implementing regulations, performance or design
standards to assure the quality of residential design to preserve neighborhood
character pursuant to the Plan.
ENVIRONMENTAL QUALITY: Wastewater. Limited access to public sewer in the Ponderosa. Balance ofi property relies
on septic systems. Rotchford Acres relies entirely on septic systems. Re-subdivision to
increase residential densities should not be permitted absent an organized wastewater • ,
collection and treatment system. • _ _ .
Potable Water. Ponderosa is served by Spokane County Water District #3, Rotchford by
Vera Irrigation Dist. #15, both Group "A" Communi4y Water Systems. Re-subdivision to
increase residential densities will require adequate supply and pressure for domestic
consumption and fire protection.
Stormwater: fhe Ponderosa subdivision has intermittent streams that drain to Chester
Creek. The contribution of to the rate and volume of flows from additional impervious cover
resulting from re-subdivision could result in an environmental damage as yet undetermined
for which mitigation would need to be established in a planned and coordinated manner.
Similar concerns concerning drainage which could affect Saltese Creek. A significant
stream traversing the neighborhood has been reclassified as a Type 4 stream by the
Department of Natural Resources Division of Fish and Wildlife. The implications of this
change have not been assessed. The Federal Emergency Management Agency proposes
to release draft floodplain maps affecting Saltese Creek is mid-2008.
Erodible soils: Both the Rotchford and Ponderosa subdivisions include or abut geological
hazard areas which require further evaluation prior to allowing additional residential
densities.
Native Vegetationlhabitat: Ponderosa includes areas of wildlife critical habitat for White Tail
Deer and threatened species. .
Spokane Valley has not yet finalized implementing regulations, performance or
design standards to assure the continued preservation of environmental quality in
outlying areas with limited public infrastructure and specific environmental ,
, conditions, such as steep slopes, interrnittent flooding and highly erodible soils. %
UR-1 Interim Zoning
PINDINGS RevEsed
January t, 2007
4 of7
PUBLIC HEALTH & SAFETY:
~ Access: Ponderosa: Property lies west of the Union Pacific Railroad with only two points of
~
access. Additional access should be required prior to any increase in residential densities
for evacuation and emergency services. 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 Winter of 2005-2006.
Animal Maintenance: The requirements for the maintenance and upkeep of even a limited
number of large animals raises issues of compatibility resulting from noise, odor, proximity
to residential structures, flies, etc.. These issues are compounded with increased
residential densities and requirements for buffering for any additional residential densities
may be required.
Landfill: Ponderosa: The proximity of a closed landfill to an increased numbar of
residences requires additional study.
Although the Spokane Valley 2006-2026 Comprehensive Plan has been adopted,
Spokane Valley has not yet finalized implementing regulations, performance or
design standards to assure the quality of residential design to preserve
neighborhood character pursuant to the Plan.
PUBLIC NOTICE: '
Current property owners purchased property with notice of existing regulations pertaining to
the keeping of large animals. The Short Plat process requires notice only to adjacent
property owners.
COMPUANCE WITH THE STATE ENVIRONMENTAL POUCY ACT (SEPA): OfdlflaflCe NO. 48
(effective fVlarch 31, 2003) adopted on an interim basis by reference the Spokane
;Environmental Ordinance (Spokane 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 Spokane Valley. An
Environmental checklist vras completed and a Determination of Non-Signifcance was
issued on April 26, 2004. Conclusions were based on the finding that a regulation
preserving the status quo would have no adverse environmental impact.
Conc(usion(s):
Implementing regulations, performance and design standards implementing the
Spokane Valley Comprehensive Plan will be finalized on or about March 31, 2007.
Rezoning with notice to affected property owners is required prior to institution of
permanent regulations.
III. DECIS10N
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 until
September 6, 2007 pending finalization of development regulations, performance and
design standards, in order to preserve neighborhood character, maintain
environmental quality, and to ensure the continued health, safety and welfare of the
areas in accordance with the revised Workplan attached as Exhibit"C".
UR-1 Intorim Zoning _
FINDINGS Revised
January 1, 2007
5of7
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FINDINGS Rcvised
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,
CITY OF SPOKANE VALLEY
Request for Council Action
N1cQting Uate: January '3, 2007 City Managcr Sign-oQ: I
Ilcm: Chcck ell thnt appty: ❑ conscnt ❑ old business ❑ acw busincss ❑puhlic hearing
❑ infermation ❑ admin. report ~ pcnding Icgislation
AGENDA ITFM TITI.F : Src<md Rrsding of progosed right-of=way vacation myucst (SIN-04-06) for a
portion of 15th Avenue.
PREVTOUS COUNCIIJCOMMISSiON ACTION TAKEN: City Council adopted Resolution No. 06-
020 on October 24, 2006, setiing the datc far a pubtic hearing held on December 14, 2006. The I'tanning
Commission votal 6-0 to approve the atrached findings and to rocommcnd conditional appraval af the
vscntion. 'Ihe Citv Council advaneed the ordinance to a secand reuding on Janunry 9, 2007.
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Parcels abu?ting R6W to be vacalecf
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I3ACKGROUND:
'Tha npplicant's representative Alan Gay, USKH un bchalf of ttie uwners South -ferral:e Spokanc and
Sundevil Ilevelopment requests the vacation of a portian of righi-ot=way along 1 S'h Avenue located
approximatcly 43 foct wost of Carnahan Raad in the viciniry af 15`h Avcnue cul-de-sac and a portion 23
feei east of 15'h Avenue cul-de-sac adjacent to Carnnhan Rond. Thc haff of cul-de-sac equals 3,505 square
feet located between Parcel Nos. 35233.1515 & 35233.1516 (nnrth) cind 35233.2802 8t 35233.2805 (south)
and the partion t►djacent to Carnnhan is 20 feet wide by 60 feet decp Incated between Parcel Nos.
35233.1517 (notth) and 35233.2804 (south).
Thc Plannin~ C.ammissian made the following findings t~s part of their rncammendation to City Council:
1. Planning Commission held a public 6e.aring on Decertiber 14, 2006. T6e date of the heuring
was sel by City Council an October 24, 2006 by Spoksunc Vallt;y Resnlution No. 06-020.
Notice of the hearing was publishcd on Novcmber 17, 20006 in the Valley I-ierald, the official
newzpaper of the City, wa, posted in ihree conT.icuaus lcicutions within the City, wa's
~
pmvideci to the petitioncrs and abutiing property uwners, and a sign was Niaced cm die
property providing notice of the hearing also campleted on Navember 17, 2006
2. "I`hc Planning Commissian reviewed the report prepared by the Spakane Va!!ey Cornrtiiimity
Develapment L?cpartment in detail_
3. The vacation of the strretlalley will peRnit full developmcnt of the pmperty for bcneficial uses
und permit apprapriatc levels of miaintenance.
4. The Nublic Works Dcpartment submittcd comments which analyzed the portions of 15`'
Avenue for nced and future usc and respanded by spocifying the rcquested portians are no
longer required for public use or public access subject to rocommended condiiians.
5. Given the present age and condition of adjacent development, it is unlikely that conditions will
changc in the future to provide a greatcr usc or noed than presently exists; end
6. No objec:tions have been rcr.eived to the proposed vaCation from the notir,e of public hearing
and/or muting to staff and agcncies.
OY'TIONS: I
1. Appro%c f?rdinanu: 07-002;
2. Deny the proposed streei vaaition; or
3. Schedulc n public hearing that wil) be conducied ?ll day.s after noticing in the mail, un-site and
rostod thrce canspicuous places in the City.
RFCOMMENDED M07'ION: I move W gppmve Ordiliance 07-002 tor the vflC3IlOI1 OI' I S`h Avenuc I
(STV-04-06).
STAFF CONTACT: Karen Kendall, Assistant Planner
ATTAClT]VIEN'TS: Staff Report
Planning Commissiun Finding5 ~
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~
~
Spo"kane .
,;oO%Hey S'I :4:N.E' REPQRT
FRQPUSEll VACATION C)F A PQRTIONS OF 15TH AVF•NTJE
Prepared by: Karen Kendall, Assistitnl Planner, Taepartment of Community ]aevelopment
llate: December 6, 2006
Findings:
1. Abuttiog Properties - The right-of way prop4sed for vacation is located approximately 43 fcet
west ef Carnahari Road in the vicinity of 15'b Avenue cul-de-sac ancJ a portion 23 feet east of 1 S'h
Avenue cul-de-sae adjaecnt to Carnahan Road. The half of cul-de-sac equals 3,505 square feet
located behveen 1'arcel Nos. 35233.1515 Rc 35233.1516 (nortli) and 35233.2802 & 352332805
(snuth) and the portion adjacent to Carnahan is 20 feet wide by 60 fect dcep located betvveen
Parcel Nos. 35233.1517 (north) and 35233.2804 (south). The poition of 15`h Avenuc proposeci to
be vacated is bordered on the north by SouCh Terrace Spokane who's rNuesting the proposecl
action and the south by Sundevil Development. No objection from abuttino property owners was
reccived.
2. Utilities - Comments were receivcd feom City of Spokane Water and Sewer, Qwest and Avista
Utilities. Avista commented on the neE;d to rcquire preservation of easements for their services
located in the portions of 15'}' Avenue proposed for vacation.
3. Access - A portion of right-of way'(2A feet by 60 feet) locatcd behveen the two (2) requested
areas was vacated previously by CnuntyResolution iNo. 96-0379. Additionally in 2004 several
lot-, were being erecled from the original VVoodland Terrace Plat. 15"` t\venue wa.s required to be
desibmed and constructed £or aceess to the lots. The cul-de-sac on l 5'h Avenue was consLructed
west of the existing public right-of-way tiue to the steep slopes anci rocky terrain. 'I'he cul-cle-sae
is built wid the three lots abutling the proposed street vacalion would access directly onto I S"'
Aveiiue.
4. Zaniug - Zoning surrounding the proposed vacation to the norl:h, south, east and west is Urban
Residenti-t13.5 (iJR-3.5). Tlle six parcels whieh abut the proposed street vacation are in the City's
Comprehensive 1'lan llesignation a.5 Law Density Kesiclential as well as all surrounding properties.
5. Transportation - There is no access d'ueefly to Carnahan Street loeated to the east of the subject
area due to a vacation by Coutity Resolution N°n. 96-0379 and the steep slopes with racky terrain.
6. Condilion -1'he proposeci areas to be vacated have not beerl imNroved or currently usable for
access. The size, access and condilion ofi the pi°operty prec;lucle use by the City.
7. Assigament of Vacated portions of right-nf-way - Absent objections frnm abutl:ing properties
owners, rigMt-of=way should be assignecl to the petitioners, inasmueh as it appears that any portion
of the right-of'-way to which they would lay elairn will be transferrecl ta tlicm ttirough completion
and apositive approval of the vacation. Abutting property owners have received notiee of the
proposed vacation.
Conclusions:
1. The vacation of the streeUalley will permit full developrrient of the property for beneficial uses and
• permit appropriate levels of inaintenance. - 2. The Public Works Depardnent submittecl comments'which analyzed the portions of 15"' Avenue
for need and future use and responded by specifying the requested portions are no longer required
-~f for public use or public access subject to reconunencletl conditions.
3. Given the present age and cnndition of adjacent develnpment, it is unlil:ely that conditions will
change in lhc Cuture to provide agreater use or need than presently exists; and
4. No abjections have bcen received to the proposed vacation from the notice of public hearing
ancUor routing to staff and agencies.
. nRaFr
~ - CiTY QF SPQKANE VAL.LEY
SPQKANE COUI7TY, WASHIlVGTON
012UliY.ANCE \`O. 07-002
AN QRDL1'A!\CE OF TILE C1TY OF SYOKANE VALUY, WASHINGTON, PROVIDING ROR
TKE VACATIO\T OF THE PORTIONS OF 1_5"' AVENUE BE1`1'VEE\` PARCEL NiJNBERS
35233.1515, 35233.1516 AND 35233.1517 TU THE iNOItTH A1VD PARCFT,, \UMBERS
35233.2802, 35233.2804 ANI.) 35233.2805 TO 7'RE SQU~; AND PROVLbI7V(; FOIt OTHEft
MATTERS PRQPERLY RELATL(\TG'I'HEREI'O.
WI-IEREAS, dhe City Council by Ftesalution 06-020 initiated vacation proceedings for aportion
of 15'b Avenue located approximately 43 feet Nvest of Caniahan Road in the vicinity of I S`h Avenue cul-
de-sac and a portion 23 feet east of 150' Avenue cul-de-sac adjaeent co Carnalian Roaci. The half of cul-
de-sac equals 3,505 squa-e feet located between Parcel Nos. 35233.1515 & 35233.1516 (north) and
35233.2802 & 352332805 (south) and the portion adjacent tn Carr►ahan is 20 feet wide by 60 feet cleep
locaecci beCNveen Parcel \tos. 35233.1517 (north) aiid 35233.2804 (south) (STV-04-06) by providing that a
hearing on the proposal would be held before the 1'lanning Commission an thc 14th day of laecember,
2006; and
1VIIJ:RFAS, the Planni»g Commission held a public hearing on L7ecember 14, 2006; and
WE-IEREt1S, followinS a tiearirig, the Planning CAmmission found that the notice and hearing
requirements of Title 10 Article 1X Section 10.09.04.10 of ehe Spokane Valley Municipal Code have been
met, and further Found chat:
1. The vacation of the streedalley will permit full development of the property for beneficial uses and
permit appropriate levels of maintenance.
2. The Public Works Department submitted comments which analyzed the portions of 15`h Avenue for
need and firture use and responded by specifying the requestecl portions arc no longer required for public
usc or public acccss subject to recommended conditions.
3. Given the present abe ancf condit.ion of adjacenl developmcnt, it is unlikely that coilditions will change
in dhe future to provide a greater use or need diaii presently exists; and
4. Nn objections have been receivecf to the proposed vacation from the notice of public hearing ancllor
routing to staff and agcncics.
1krHER:EAS, the Planning Commission fndings and/or rninutes have been fled with the Ciry
Clerk as part of the public record supporting the vacation; and
NVHE17.EAS, none of the property nwners abufting fhe property to be vacated filed a wririen
objection to the proposed vacarion with the City Clerk; and
NVHF,fZEAS, through adopted City Code provisions, the City shall provide that the vacated
properfy be transferred to the itbutl'tng property mvner5, nne-half tn each, unless circumstances require a
different division of property; that the zoning district designarion of the properties adjoining each side of
the street shall attach to the vaeated property; that a record of survey shall be submitted to the Director of
Community Development; and that all direct anrl indirect costs of title transfer to the vacated street be
paid by the proponent or recipient oFthe transferred property; and
, Ordinance 07-002 Street Vacation STV-04-06 Yage 1 of 4
ARAFT ,
WI-iEREAS, the City Council desires to vacate the above strect qursuant to Spokane Valley
Municipal Codc Sections 10.05.220 - 380.
NOW, "Cl-IEIZEFORE; the City Council of the City of Spokane Valley, Spakaule County,
Washington, do orclain as fnllows:
Section 1. FindinRs of Fact:. Ttie City Couneil makes the follnwing 6ndings of fact: (1) the
City Departmenc of Public VVorks has reviewecl the right-of-way to be vacated and determined that the
propeity adjaccnt to the vac.ated properiy is othenvise servecl by public or private acccss; (2) a public
hearing on the proposed vacation has been held in accordance with St<ite Law and Ciry Code before the
Planning Commission with the record oP sueh hearing anci proceedings file_d «<ith the City Clerk; (3) no
written comments were receivecl by an abutting properties.
Section 2. 1'rnaertv to be Vacated. ]3ased upon the above findings and in accordance with
this Ordinance, the City Council dnes herehy vacate the street or alley described on the attached Eahibit
"A" which is incorporated herein by reference.
Section 3. Zonine. The 7oning designation for the vacated prnperiy shall be the designation
attached to the adjoining properties as set forth within the respective property or lot lines. "1'lie Director of
Community Developmcnt is authorized to make this notation on die official Zoning Iv1ap ofthe City.
Sec6on 4. Conditions of Vacation. The following conditions shall be fully satis6ed prior to
the transfer of title by the City.
a) A record nF survcy prepared by a registered surveyor in the State of 1Vashinpnon and including an ,
exact metes and bounds Ieoal description and specifying if applicable any and all easements for
construetion, repair and maintenance of e:cisting and fiittire utilities and seivices. "lhe recorci of survey
shall contai❑ the professional stamp and sigiiEtture of the registered surveyor and should be filed upon
completion with the Spokane County Auditor. 'I`he surve}ror shall provide the Gity of Spokane Valley
with a mylar eopy of the recarded suivey and the Auditor's Document \Turnber and date of recordation;
and b) The surveyor shall lncate at least rivn manuments on the centerline of the vacated right-of-way with
one located at the intersection of the centerline of the vacated right-of-way NviLh each street or right-of-
way in accordance with the standards c•stablished by the Spoktrne County Stanrlards fur fzouti und ,Set++er
Construclion; and
c) All necessary casements required by Avista shall be slio«<n on the record nf survey and written
tlocumentation from all utility companies is required to be submitted to t}le Community Develapment
llirector, or designee verifying all easements have been indicatecl; and
d) 1'ayment of all direct and indirect costs of title transfer of the vacated strcet or alley from public to
private ewnership including but not limited to title eotnpany charges, copying fees, and recording fees;
and
e) The applicable zoning cfistrict designation (Urban Residential-3.5) shall be automatically extended to
the center of such vacalion, and all area ineluded in the vacation shall chen and henecforth be subject to all
rebulations vf the extende_tl districts.
Section S. Closing. rollowing satisfaction of tlie abovE conditions, the City Clerk shall
record a certified copy of this Ordinance in the office oF the County tluditor, and the City Manager is
Ordinaiice 07-002 Street Vacation STV-04-06 Yage 2 of 4 '
~y~~~
D1Vil' A
authorized #o execute a!l neccss$ry documents, 111CIUd111g aQuit CIrxim Deed, in order tp completc tlle
transfer ofthe property identified herein.
Secfion 6. S everahiliri?, lf any scction. serttci3ce, clatMSe or ph rase of this Ordinance sha fl bc
held ta be irw$lid ar unconstitutional by acourt of compe#en# jurisdictian, such snvalodity ar
uncanstitutionality 5ha11 not ~ffcct the vaGdity or constitutionality of $ny other scction; sentcnce, clxuse or ~
phrase of this ordinancc.
Sectioo 7, EfFecf.ive D~te. This Ordinxncc sliail be in full force and eff`ec# ive (5) days aftrr
piMicatioi3 of this Ordinzince or a summary thereof in the ofFtcial newspaper (~f the City of Spokane
V alley as provided by Iaw_
PA S SED by the C ity Caunc~il this _ day of. 2007,
MaYorr.T)iana 1Filhitc ! i
A'T'Z'ES'i':
City Clerk. Christine Bainbridge
APProved As '1'0 Form:
pfFice of the Cify fltrtorney
Date of Pub1 ication:
Eff-ec-tive Date;
a~c 3 of 4
P
(]rdinance 07-002 Sfreet Vacation STV-04-06
I
DRAFT ~
Ei -xhibit "A'°
FrD pr ~]escri fion II
p t
f~
i ~
:NMICATIEC) AM r%qb~ TO BE
RCR fiFIN =~89B, 3?A YA jEIJ
-~Q" ~ I
~t
- 15th Arcnuc
Carnaban
Road
AREA 'TO .
ti~i, ~.F.. ~~~~:ii~~ ~
[JF--D'f~~.ATEQ X EA
PER Mra 5z.~e 24
i
i
Ordinancc 07-002 Street Vacation STV-04-06 Fa,e 4 oF4
FINDINGS AIYll 1ZECOIVIl~HINDATIONS OF TTf_E SF'nKA.NE VALLEY YLANNI'NG CO1V1iUSSI0Y
December 14,2006
Findings: 1. The Planning Commission held a public hearing on Iaecemlaer 14, 2006 to receive testimnny
concerning the vacation of a portion right-of-way along l 5'h Avrenue lot;ated appro:cimatety 43 feet
west of Carnahan 12nad in the vicinity of 15'' Avenue cul-de-sac and a portion 23 Feet east of 1 S`b
Avenue cul-de-sac adjacent to Carnahttn Road. The halt'of cul-de-sac equals 3;505 syuare feet
located between Parcel NlOS. 35233.1515 & 35233.15 ] 6(north) and 35233.2802 & 35233.2805
(south) and the portiAn adjacent to Carnahan is 20 feet widc by 60 feet deep located between
Parcel Nos. 35233.1517 (north) and 35233.2804 (south). The date of the hcaring was set by City
Council on Octnber 24, 2006 by Spokanc Valley Resolution No. 06-020. \Toticc ofthe hearing
was published on November 17, 20006 in die Valley Merald, the official newspaper oftlie City,
was posted in three conspicuotis lor,ations within the City, was provided ta che petitioners and
"abutting property owners, antl a sigro was placed on the property provicling nolice of the hearing
also completetl an \iovember 17, 2006.
2. The Flanning Gomuussion reviewed the report prepared by the Spohanc Valley Commwlity
Development department in cletail.
3. Thc vacation of the streedalley will permit full clevclopment of the property for beneFcial uses and
permil appropriate ]evels of maintenance.
4. 1'he Public \krorks Deparfinent submitted camments which analyzecl the portions of 15'h Avenue
for need and future use and respondecl by specifying the requested portions are no longer required
for public use or public acc;ess subject lo recommended conditions.
5. Given the present age and condition of adjacent development, it is unlikely that conditions will
c6ange in thc future to provide a greater use or need than presently exists; and
6. \TO objections havc been received to the propnsetl vacation from the notice of public hearing
and/or rnuting Co staffand agencies.
Conclusions:
The Spokanc Valley Plsnning Gommission therefore rcco►nmends to the City Couneil Che portion of right-
of•-Nvay along 15"' Avenue locateci appro.:imately 43 fc:ct west o£Carnahan Road in thc viculity of 15`b
Avenue eul-cle-sac and a portion 23 feet east of 15`h Avenue aul-de-sac adjacent to C1rnahan Road. Thc
half of cul-cle-sac equals 3,505 square feet located between Parcel Nos. 35233.1515 & 35233.1516 (nortM)
and 35233.2802 & 35233.2805 (soudi) and the portion adjacent to Carnahan is 20 feet wide by 60 feet
deep localed betwcen Parcel NlOS. 35233.1517 (north) and 35233.2804 (soutli) be vacated to the petitioners
subject to:
1. Fotlowing the City Council's passage of the ordinance approving the proposal to vacate the street
or alley, a record of survey of the area to be vacated, prepared by a registered surveyor in the State
of Wasliington and including an exact metes and bounds legal description, and specifying iC
applicable any and all easements for construction, repair and maintenanee of exis[ing and future
ut:ilities snd services, shall be Submitted by the proponent to the llirectar. Thc record of survey
shall contain khe professional stamp and sigmature ofthe reoistered surveyor and Gleci upon
completion with lhe Spokattc Co«nty Aud'ttor.'I'he surveyror shall provide the City of Spokane
Valley with a mylar cnpy oFthe rec;orc3ed survey and tlle Auditnr's llocumentNumber and clate of
ru:ordation. 2. The surveyor shall locate at least rivo monuments on the centerline of tlie vacated right-of-way
~.wit:h one located at the intersection of the ecnterline of the vacatetl right-of way with each street or
right-of-way in accordancc with the standards established by the SFokrnie County Slundrn•ds for
Raad cutcl Sewer Co►lsmictiotz .
3. All necessary easemenis rcquired by Avista shall be shown on the record of survey and written _
dacumentation from all utility companies is requiretl to bc submitted to the Community
Iaevelopment llirec:tor, or designee verifying all easemcnts have been indicated.
4. All rlirect "cl indircet costs of title tritnsfer of the vacated street or alley from public to private
ownership ineluding but not limited to title eompany cliarges, copying fees, and recording fees are
to be borne by the proponcnt. `I`he City will not assume any financial responsibility for any direct
or indirec.t costs for the transfer of'title.
5. 'I he r.oning district desigaiation of the propertie.s adjoining each side of the street or alley to be -
vacaled shall bc automatically e.ctencied to tlie center of such vacation, and all area shall inclucled
in the vacation shall then and hencefarth be subject to all regulations aF tbe cxtended districts. The -
adoptivg ordinance shall specify this -r_oning district eartension inclusivc oftlie applicable zoninb
district dcsignations.
fi. A certified copy of the ordinance vacating a street or alley or part thereof shall be reeorded by the
city clerk in the office of tlie Spokane County audilor:
7. All conditions of City Council authorization shall be fully satisfecl prior to any transfer of title by
the City.
Approved this 14°i day of DecemlaEr, 2006
Gail Kngle, Chairman .
ATTESr ,
Ueanna Griffith, Adinuiistrative nssistant
CITY OF SPOKANE VALLEY
Request for Council Action
Meedng Date: January 23, 2007 City Manager Sign-off:
Item: Check ail that apply: ❑ consent ❑ old business X new buslness ❑ public hearing
0 InformaGon admin. report ❑ pending legtslation
AGENDA ITEM TITLE: First Reading: Proposed Ordinance 07-403 Amending Dangerous Dog
Appeal prccedures
GOVERNING LEGlSLATION: SVMC 7.30
PREVIOUS COUNCIL ACTION TAKEN: Resolution 03-046 delegating auShority to Board of
County Commissioners (BoCC) to hear appeals relating to dangerous dogs and potentially
dangerous dogs. Administrative report to Council on December 12, 2006. Second
administrative report to Council on January 6, 2007.
BACKGROUND: The Baard of Commissioners for Spokane County have considered appeals of
determinations that certain dogs are "dangerous" as that term is defined in City Code. The
BoCC recently advfsed the City that they are going to discontinue doing these appeals for us.
This change of eppeal body meant that the City would need to revise some of its appeal
procedures in the munldpal cade. On December 12, 2006, the Council gave staff direction to
redraft the procedures in a manner that sends appeals of administrative declsfons to the
Heanng Examiner, whose decision would be final, appealable to Superior court.
Currently, we have adopted the County regulations under Spokane County Code 5.04 by
reference. In drafting and discussing the changes with the Hearing Examiner and Nancy Hill,
they expressed a belief that it wouid be clearer for Animal Control and the Hearing Examiner to
use the regulations if we were to customize the County regulations to the City, and adopt them
as our own.
This will require a two-siep process. Spokane County was already reviewing 5.04 for revisions
to update the cegulations and to make them easier for the County and public ta use. I am
coordinating with Counry staff in that review. The Immediate need now is to have the new
procedures for dangerous dog and potentially dangerous dog declaration in the event an appeal
is filed. As such, the appeal matters are coming forward first. The entire re-wnte of 5.04 (to be
codified as 7.30.100, et seq, will follow in one or two months.
OPTIONS: Move to second reading as is or as amended; instruct stafi to made additional
changes and bring back for further discussion.
RECOMMENDED ACTION OR MOT10N: "I move that we advance Ordinance 07-003 as
drafted to a second reading_
BUDGET/FINANCIAL IMPACTS: Anticipated to be revenue neutral.
STAFF CONTACT- Cary P. Driskell, Deputy City Attorney
ATTACHMENTS: Proposed Ordinance 07-003
1
DRAFT
Cl'1'Y nF SPUICANF. VALI.EY
SPUK.4NF. CUUti'TY, WAS1iLtiGTON
ORDINANCE Nn. 07-003
Ar ORllINA\CE A11'I1:NDL\G SPOKANE VA1.I.F.Y MUMCII'AL CUllE SECTION
730.010, RF..PEALiNG SPOICAriE YAI.LEY MUNICIYAi. CODE SECTIUN 7.30.030,
ANll ADOPTING NFW SECTION 730.035 ItELATING 't0 DANGEROliS DOG
UF.T!?RMIINATIONS :VND APPF.ALS ItELA"TF.D 1'tiERETO. ADOI''TLNG NF.W
tiECTInIY 730.040 ItELATING TO POTFNTL4LLY DA,tiGERUUS DOG
DFTMNlINA'fIONS AND AYPEALti RE:LA"TF:D TiiERE'TO, ANI) ADOYTING NF.W
SF.CTION 730.045 RFLA'I'ING TO REGISTRATION OF DANGEROUS DOGS IN
't'I!E C1TY OF SPOKANE VALLEY.
WHL•REAS, the City of Spokane Valley prcviuusly adnptzd Spokane County's regulations by
ret'erence reiating to licensing and control of dogs and cats; an(i
WHL•R1:AS, the City af Spokane Valley currcntly contracis by Ifl[CfIoC1I abrecmcnt with
Spokane County to providc animal control scrvices; and
W1-iEREAS, thc Spokane County Commissioncts previously proviaed review of administrative
determinatiuns relaiing to dangcra«s dogs and potrntially dnngerous dogs, but recently netified the City
of Spokane Valley diat thcy could no lungec di) ,o; an,i
WHT;RCAS, the City of Spokane Vxl(ey desires to have a t learing Esamincr con>ider appe.als of
adminisir3tivc determinations regarding dttngerous dogs and potentially dangcrow dog:, with any
appeals from those decisians taken to auperiar caurt.
NOW TIiL•REFORE, die City Council of the C'ity of Spokane Vallcy, tipokaiie C:ounty,
Wasliington, ardains as folluws:
Sectinn 1. Purpose. The purposc af lhis Qrdinancc is to repeal nncl roplace the existing
rrgulstiuns rclating to thc kecping of dang,erous dogs nnd patantially dangemus dogs, und the registration
rL-yuirements of ciangemus dogs in the City of Spokane Vnlley.
Section 2. Amendinp- Snokane Vallev titunicinal Coie section 730.010: SVMC 7.30A10 is
:uncndcd aS follovrs:
A. 1'ursuant to RCW 35A.11.020 nnd 35A.12.I40, the City at' Spokane Valley adopts hy
refcrence Chaptcr 5.04, entitled "Dogs and Cats" and Chapter 5.12, cntitleci "Inhereatly Dangcruus
MammalsJReptilcs," of the Spokanc County Code as now in effect and as subscquently amended as thc
unimal cantrol regulntions for the City of Spokane Vallcy. cxcent as snecificalk, set torth iA `V \ic
0.05-; rclatim: _clapc~Cal; oi dec;;ivll, of tOether a dnv is danizerous, 3t1d CXCCDi 85 SDCClfCdllv i
edls nf dreisions Qf t%hettter a doe is ootcntiallv danr:eruus, a_,J '
trth in SVN1G 7,30AlU relatine'.o aW
_.Lept as snecificallv_set fi-rth in SVN9CC 7- ',0.045 rzlatine to restistrdtion,_~of danrrrous does.
Laling thc Cit~'; .ido= tion u! Sockane, Cuutcl~ Cc~ic scc:tiuns 5.04.032, 5.0-3 0;3 ind 5.04.035: any
rcference to "Spokane County" in Chapters 5.04 and 5.12 of the Spokane County Code shaU be construcd
to refcr to the City of Spokane Vallcy.
()rdlniin. r0'+-0u3 kin!!,eruus UuK Appcil f'agc 1 uf S
.
nwAFT
Sectian 3. Reppalin¢ SMkanc Vallcy Ntunicipal Cixic scctikin 7.30.930: SV144C 7.30.030 is
rcpen(eci in its cnlirety as foltows:
~.34~,83A Rr~rrtecc-~e-~cee~g-t~d+e+
WI-t.-?-;; - 1•. ~i:c~..:--`*-:;•i-~-.-_ -1:, . - . ~~r:-:
. , , -fa't`-'=
s#~~-~7s~.i.{:+.^-=.•;';ih'-~,!ffz~'1~.t'--~~t~..i'aii'`2_'f4?~'?-~?t'-ar.aa~:sl ,:r--i•s}=tz-,rni?:Y=-ii.:
l Sectiaa 4. tldontink, ti`cw Scctiol). SVti1C 7.30.035 Pnoviding.fur l)cclaratiuns Rclating tu
DanQerQUa Dom and an Apgcal Proczss Relating "rhercto. 'Tlie City of 5pokane Valley adopts tt new
section to the Spokane Valley Municipul Code, 7.30.035 entitled "Dcclaration Qf Dangerous Dog
Determination - Appcals Rclaiing Thereio". which is sct forth as follows:
i_l UtClJf:i11Cti[1Q1 U3I1gCf~ot1S ~?citffttir,::ltt'1 -\i':'C.t',
WI1Cn the BIIllT1a) C1111tPC1l dIrL'CtQr_l,C liC5:L'iiCc l. iti •t1~71~1~^t IP.Ti'rrTll:lli,,'1 '.o uttl'f_ll~lZ :ll::t_;;
,,,g is d igrm s as defincd bv SjZQkAne: Cuunty Cudc uctiun i.Oa.U20. the animal control
iirectQr ar dniunee shall makc aRaj iminan• declaration_tl!juhe doa is dangcraus,
;n the cvtnt a Mliminarv dctertninatian is made that tfie_dos; is daneemus, anim4l contmi shnll
:~.tifv_ the doe o%% nc r or kegpcr in - _ I
. _r•.it~~: J !._-~turn rrcti,pt mauestc(i
%1;'. IwI!c;-~ •_'C fett{'tT11(13i1di1 fi1Q1Ied pllisU3Sll [iii`i Q Il:l(?ICf_Sl1dl~ Le JLCiRCt~ 4rL:CINc~l_i5N (l7e ^:ffi'•_
'u %%hi4ti it ~s_;iddrr:<rJ rirt the third -day aftrr it is placcd in the ntail. as ,et fnrth bv dcclaration
• ~t the under. ~
,
r, b,asis for tiu p:r.N5cd aciinn;
dC:YcCiFI[io[1 t,f dic dox for which thc ~c~l.~rot~~'•II iS >t':t~!( LIC~.
ItCCq$C i1Ul11hCr. (EATIv,l-
_:i,c rcmums ths ~nimal control ditreiat._QLdesiunee con~id the an~ir;:!
..'._n cruus•
thc doi! has bxcn dcicrntined to bo dangcrous thcn ilir,contmis stetcri :i
Sv.\tC 7.30.04a shal! anRt~~: and
( ti 1 an zrplanatron of the owners nr keerees cighti and the tsm.~+er_p mcrtiure ttor
;.pcaling a dzclaration ado¢ is dar►~tcr~~~~.
__iewafter~seliminaryadminisirqi;ti.
i:;inarv Dcteiminatian of Dan trous Do - Prior the animal rnntru)
issuing a fnal dc}g~ -nination that a doe_is dangerous_ the
.c!ur t-►r desi nre
';mal contrcil dinrtor or desianec sfial) notiktht owncr or kMt in writinQ
~r,tlcd tn sn crpps!rtunitv to_ mcet mith t}ie_ nnimal contml
1)rdinancc 07-003 Daneeruu~ Doc; Appeal !'age 2 tif 8
[~I2 ~1•
cc_ or-.:ik or ;n ~~nt~nL. a~ ~ ressons or information as tu wh%
' .,uld not Lx declared danecmus. Thc notice shall statr the date, time, a,
-_aliLn of dic admini5tratiw rrview mcMing Khich shatl occw prior to tl
.piraiian of tif~ccn calendar davs follo~~in,g trceipt of the nnticr_ Th~ a~~rr
t,c•cM mav pni,~xse an attgnative mce 'ne dntc and timcl bui su.
,:(lininigrative retiicw mectine shal octuc within the fiftcen-dav tim~petiod , rth in diiF sectic+n. and
c , ~ntml ' tnr ar desig-ne:_
r'~ ~ ~t'~r such administratkk _
_±:ti;¢nre shall issue a final de erminatiun. in dic iorni ol u%kntten orde witi
~-ftnn ralcndnr da~•s uf t radministrxti~~ review mrcting. [n the c~~ent :
in:mul cnn.tFoI direcrot o, desisznee declsres a do& Io he ianacruus. the p[J1
..,sll include a rctiitaj_& lEthe awhc~~~~F the action, a brief concisr statrtncqt
; , i i, rL -,r ..i.-...y .1 - 1.• i~ '71 f~~.~ C i~n~tl ,r f}/r• riPf`:il :t~
i ail.retum receiUt Mues'
:;:-,t is dcclared g e ous
;.fzliminnrv ur final. shall bc immedintell iunded un ~t I the ow•ner or kecger rygisters the
t~ d$no-rrous in act4rda cc «ith SV'N1C 7 30.045. Tjlc nwner urc eprr %iill haFC fiRctn d-I
~rOm the date the doL «•ss derlareci danermus to rrgimer the dng or al2peal thr dctrrmittat:
;)ursuanc to subsrction {6), beiow. 11' i-he o«-ner or •er er tails to rcg,ister the dcw i~r ansfca) i
,'r(r2inatien. the dog will bc cutlianized dt the dir"tion of dle ;tnim~l contrel diretlor
!f thc owncr or krcprr an~?..c_als the da ou d~:!e c~~'::s-ration 7s ~ct f~+rth in ~t,h~eri.
~ h~ f,efow. the doz u_Ll1 be hrld cndinja the outcnme r!
;it a rate cstablishcd bv the animal controauth~ .
owncr o Pcr uf a do¢ sub1crt co a declr.1-.ption ii i.:i
:i;•~ rin;il «rittcn determinatir+i lie !{earine miner witltin iftnn dars aftcr isst~a~~ce of ~
,iccision b-v tiiina 3 notiCC of apoeal with the anima) control_a,uthoritv. lltic heAp,r~ shall bc hL
.~itli in t" cntv dx,% s aftrr receipt af the notice of nnrcaL..unless it is continued for rood ca,
•hovn. llie animnl roniMI dirrciar Qr dcsiunre shall notifv thc owner ar heepgr in %tiritin~
'atc, timc and Iocation of thc appeal hzarinS_bgforr the Iicuring Cxamincr. end said notice s:
')e recei%ed si lrast fivc ats before the hcarinp_ I'hc uoMalcarine shall br rccordecl, nnd t_-
:IearinQ Examiner mnv allow' te5ii_monv and dttiC ments that itcc_telev~nt to tht at1 j i ati
!rtertnina ithal tho dLie is dancccruus.
~,51 The Hearin~ E-xaminer shalf issue s%%rittrn decision. and_ni_ai1 a c4op.~tioFtlie drei inn to
J~,,e o«-ner or k~c. a~i:~ to the ar i,~al cuntrol dLc,~ or de>i~n~, w~ithin tiftern da%s of
j~nzal hearinsr. The k{earine T:xaminees decisinn sh,ll accept, c'ect or rnodiN•
Idministrniive dctertninatinn that a doa is danverous,~aqd 0hnll includc findinus af fuct .
_'<,nclusions of law thr t 51Wort tiLOecisiun. ThC Hrarine Ercaminer ma~~ madifv =
-!ctrmiination that a dou is daniterous tt,)_A drterminatiqn thnt the dot is tentinll~ - dflncterou.. ;c
•hr facts «arrnnt_ and impc+sr anv (if the rzquirrmcnts szt tlorth in tiVMC 7.30.0•10•1t l. The
, ~ ,:!1 - - _ . . . • 1 . i ~ . I II . t
Urdinance 07-003 C►aigercnis Dug Ajij)ral PaRe 3 uf 8
I
nRnFr
:I CJ ~!1Clii l C';f: '.~Vi+ --~~':'.C. ii'.'il'~IC LS'~ i:l_: _{C_ i.ItD '•~3•
,mwation that a dag is dAngemus, and
: ccrivcd. ff the dccisit-n up1iOds thc admiQi tntiv,e deter _
ti_c doz uw•ner or kaeatr fails to timefv rc¢ister the dog aT appcal the dGtuinn to 5uperior Gourt,
,;,e doe wil) tae ruthanized $t ehe dircction of the animal control dirertor rr dtsignte. lf the dog
,«nrr or kcepcr timclv agpcals the daneemus dop, declnration the dou will hc: hcld O:nding the
--~Otcnme Of thc antTCal at the shelier at the er's . . at a rate establishecf hv the asiimal
il`mrol ii!Fifl~}riT~'.
Section S. AdoQting Ncw Section SVMC .37 0.(?44 providing for 17xlnrations Rclatin~
Potentiolty llang_erous Dos, and an AQpeal Pra.ess Relating .rnLeLetp. "ihe City of Spokanc Valley
fidopts a new sxtion tn the Spokano Valley Municipal Code, 7.30.040 entitled "Declaration of
Putentially Dangerous Uog Deletmincition - Appeats Rclating Thereto," which is set forth es follows:
7:0.040 Uecfaratipn of Paientiallv Dan¢erous DoQ [)etermination - Appeals_ cla[in
i 1) 1ti'hcn the 4nima) control dirtctor or desi¢noe has sutTiricm infartnatio_ to dcterminc thnt a
do i jLiitotinllv dangetnus as cicfinrd bv Spakanc_Gouiv Code sertion 5.04.420, thc animnl
iontml dircctor nr desiunre shAll make a nreliminm decfaraiion that the dog isp2tentiallv
!n thc .~:Tit a pretim'snarv detrrminatiori is mndc that the dog is potentiallv danerrous, anima(
,:o7tral shal) natifv the dogownrr or keeper in %,~riting, either bv pcrsons) dclivtrv pr bv rc;ular
Al
tnv notice ctr dcternlin3t't2n -ailyd vursuant this crction shnll be ccm0 Mcrived bv the aartv
w•hich it is addcexsed on the thitd dav after it is p1im in the mail. as srt farth by declsration
f the scndcr.
1 Thc nQtice must SL1te:
La.) the statutory basis f4r tfic 2ropgsed actiop:
i 1e-scriptiun af the dQg for which the efeclaration is souglit bretd_ calor. ser xnd
t_01se numbcr, if anvl~
:!:O rcasons the anirgal e4ntrol dirrctne or desimiee considc~s the ~nittta!
~x~tenti~lly dang~~~
~ nstatcmcnt that the rcizisiration and cvntmls set forth in subsrction (4). k►ciow,
ma,y applv:
erplnnalion oF the 4wnCT's or {:re_.pcr's oppgnurtitv and right. putsunnt ta
,-V1.1C 7.3p.44Qt3}(al.to,particigate in an adminisuat+%'e revietiv with the animal
~L,ntml dircctor oc desiuncc to presertl infornsltion on «h ~ t~ fie dng chould not be
~-clarrd Dotzntiallv dnngccous;
~ ::tatcment, prsuant to SVNiG 730.4400Xb1 thAt a failure bv the doa owncr or
:~~►er to Muect and attend administratire rcview a•ith the anima) eontn, l
. irectar or desienee shall constit1ttc a failure to cxhaust al I administrati% :
~,n~+~~ and that such f~ilure tu c~~st all administrati~c rcmcdies sl~::!I ~
tcltjde sm• appeat otthc administrati~~c detcrmination to the NruringEtiamink:
C,,;irt- ini
Oitiinance 07-003 Uangerous Dog Appcal Page of S
~
i)RAF'I'
-='Ls and thc l2,ro25r pr,,kcdu_m
- a deci:tnUiiin :hat a ucg ispotrnti3ily„dang+emu~. includine an Uocal ~
!rnt.
e r+cvieu af'ter prrliminarv admirtistratitc d,ctqrminolion:
~ f'rcliminarv Lh:tcrminati..m of Potentiallv Dangeraus Tk~g.,_- Prior to tt~c anin~,i? ~
;:trot dirctar ur dcsignee issui a fingl drtermination that a doti is pc>tentinl I_.
n¢cmus. the animal cnntml dicrctor or des• Qnee shall notifv the owtirr or
>._pger in «riting that he or she mav reouest it1 writing tu m"~ w+th the artimal
ntrol director e.~r dzsienee fi}r an adminis-ntive revicw meetine Hi►hin fiftcea
._'cndar davs followingjmeeipl of the nQtice. at which administrati~e review
jc~ the ota or krcprr mav givc. <~rally or in flnR, ~5ons or
o~ntion a§,to whv the doe, should not be de4~rcd potent4llv dnngemu,~,
~"ice an aciministr,uiNc; revietiv mectin is requesto in %Witinet h~~ the otivncr
,:;cxr. thc animnl aontrul directar or desii;ner shall g,rovide «ritten notice to t1-~u
ner «r krepcs of !he tiatc. time and placr of the administrativc revierv lilCNili74-
i
i ~ i :qend an idminigrati\-
ic1%' 111CLI111L «lill_111C_'1n1{il.l~ L:of1iI'oI ulTC~:oI' uC dC~_11CTll'C SF18ll CO(1S112UtC .i
-.:ifurc to e\ aust all administrati\e remedies. and stich failure tu exhaus j'1
:1Tninistrati%c remedic; ~hatl preclucte any spn~:tl nf the administretk_
~T t~ t ~ 171
'1: . - . . - ~ ~ _ , _ • - ~ - ~ _ _'r l director
.1ciILS1cC shill) i»Lll' it TIt1J1 dl'(l'C7T1!lldlhofl. IIl Ii:C it: ll Uf il ~1!"liic?i OsuCT. %%l''
t-i'tern calendar da\s af thc administra ive rtview meeting. In the event i
:;ima) controI dircctor tir desiimec declares a d~.u to be putrntiall~' daneere
101 ordcr all inrludc :s mital nf the iuthorily for the_xction_a brief ro~!r
!-1tement of the fcicts that su r~_
, t: r-wn who rtiadL the detcrminati
_dcLdrtermintn.9 a dog is M _ . - -
'.-i nr
e_ or kee~►er ir~~~ ritin eith4Lhv per}onA).~icliti e(Y. or b%
doe drtermined tu Lx polemialh d3ngerQU3 und, -
certain requiremenss. ~%li icItmav includc_ but is na limitrd to_ the iooxtiing-
i ercction of new nr add+tional lenci,r to keeQ the dog .%ithin ownt~s or kecr,
censtrtiction of I _ . i Iil_ ,.ii~Lil
-
do mu th: kep i.
micrcxh-ip ident; I i, ~I , _ ; I', kec inst the do n :s lcaslt acleyuatc: Io cuntrol [1Se do` ~r srcare;v t~~tq
,ned to a
secure abiect hcn left unauendrJ;
I ~:z pinu the dog.indoors at all times. cicMt \%°hcn on a lcash ad,-- uaic ta ccintrol.
L! doe :ind unc3_•r thi• ac:v4a) rh.sical contm) nf a_competent ner,r!n_at _!east
e4clinznce 07-0i13 Danperou5 17ti ~ eIp}?rsl {'zSe ` (48
~
DRA_FT
a~tinc o; the pren~iscti ~.ft'i et Ic4st .me clear'v . i;iCle -,,arnin{; sis~
iere is a ootentinllv dana rous o on the propcrtv. In addition the aHner shall
inspiquauslv disg v a'gn Nvith a Karning stimto) that infonns childrrn c+t .
-c3cncs ~►f a nc~tcntiallv dangcrous do¢. . .
- r{:eepcr of n dLiu subjcct to a dretaratiun that thrir dpe ispatcnti~''
appral the final .,,Titten detcrmination to the Hearinsa Examiner %ithin feftno a%ti .
_ ce nf the decisian bv fiiinr. a notice c+f anneal with the animal rontrat autfiority, subir~_1 limitation stated in SVIvtC 7.;0.040t3xc) The hraring shatl be hcld «•ithin tw•eniv days a'• .
;ipt_of the rtotiie of enpcal. ualess it iy continuad forg2c+d cauic_shown Thc anirnal car
_'Ctor or ~esiun~ she!! notif~- tlt~ oune~ ~r k~oes jn %iftfiRg Qf the d4te, time and tcxacioFi ;
aal bearin9 Eaefore the Hegrine Etaminer, and said netice shaJ4 be MLi~•cd at least
i bcfore the hearinc. "fhe eppcnl hcuring shal) t►e recorded_ and the Hearine Exsminet r.- .
,k tt--ctimonv and i1(x'llinl'f1?$ !fiat 3f: Stlc\';?n( !rl 1he 3i~fT~IflIGt-?1i~4 ~c+c'Tz7,ri7~6('.')
1~'~T •itt t
~ ~~~+ncr ~~i ~,ccpc:r. st~cl tu ~i~~ ;~iifii;,il CUIi~fU) lI1;C~i~~f uI t~C51UlC~ M.Il}Itil llltLCll dX6'S Uf-_ '
cal hrarine. Thc Ncarine Etisminres ciecisiun shnl) acccnL rc'ect or maiijy
1.1inisttacive detrrmination that A doe is potentisllv dnni!ercws. snd shall include findine> ~
_c nnd c:onclusians of Eaw that supMrt the decision. The dreision sha
il be eiven the effect :I da:isian bLy the Citv Councif. and shall state that the decision rnav be spealed to Suorr
un «irhiri t.\rntv davs ftom the datc the dreisit.+n «-ns rrcci%ed.
ticctiaa 6. /ldoating Ncw Section SVMC 730.045 Providing for Revistraiion ~of L).inLero1„
DoO tt4cLuirements - Annua) Fee. The City of Spukaae Valley adopts a new sactiun [o the Spu{.unc
Valley Municipal Ccrdc, 730.045, eritiiled "Re,-,istrxt;an of Dangerous Dogs - RecYuirements - Anwi:! l
Fec", which is scr :",0).!; 1
(=A) Thc owncr or kecpCC of a daogerous dog musi obtain a certificaLe of regisvatiun fur such
:tnimal from animttl control within ft,tFteeofiftccr~ days of tt dtclmiion of dangerous dog c;
\~ithin ft-iir"~i►is'tecn days of the appcal dcxision if appealed os providcd in SV\t(: Scrtion
i 03l-:+3:LL Nu dog shall be rcturncd by Spokane County animal control ta auyone prii 1
i,, tlio issunnce of the crrtificato af ccgistration. The certilic$te af rcgistrntion shall I-
otily if the owner or keeper of the dangerous dog presents suf'Ficient praof of the followi n _
( I ) A proper enclosure to canfine a dangerous dog und posting of the premises W~ i
L le.arly visible sign thaf them is a dangerous dng on the pmpcrty. (n additirn, the ,f1a1) conspicuausly displa} presencc of a ctangetaus dvi-
I ( A surety bond tI!i iCLL- -i ..ii L I.i:.7. IJJIlL,:
,,urety insurcr quAlifiod undec Chaptcr 48.28 RCW in a form acceptgble to the Sp,_r.
('ounty animal control in the surn ufat leusi Rvo hundred lifiy thoosand do!lars, payai:
to any pe:rsun injutcd by the dangerous dog n;gardlcss uf whetl)er the injury occurs oii ur
r-it'the nm r.rr or kc;cj?~:r's premi-,r~; tNr
r DUm, A(`pCA P,i^c: 0 o1 8
! 1 E2 •1 T""1'
(.J A pulicy ut 1iabiliiy ►usurancc , , . , _ . _
anieadeci, such as homeow-ner's insurancc, issued by an insurer qualified under RCV-
Title 48 in the amount of at least two hundred fifly thousand dollars, insuring the ownt._
or keeper for any prrsana) injuries inflicted hy the dangcraus dog rcgardless of wheth~-
the injury oc;curs on or off the owncr or keeper's premiscs; and
~ (-}d) A muiale and leash for the dangcrous dog. In addition, the awncr or kceper ut :
dangcrous dog shnll fumish to Spokane County animnl contml a camplMc copy uf tl?c
~ surety bond or liability insurance palicy specified in subseetian A)(~,, and A)3_ 1,
and shall allow the County a reasonnble time tu rcview the bond or policy to determinc
whether the liability caverage is sufficient, priur to issuing the certificate of'r.
~ (_f3) Dangerous dogs must bc spayed/neutered within thirty days of regisvudon. 1 i
keepcr of the dSngCrous dog shflll ~idfc i, !lt s,n,c.f -:)t 1~1!,.h <=~~t tt!er, ~
to Spokane County animal contr-J
In addition to thc regular tI: 1, _
keeper of et dangerous dog shnll psy an annual ccgi
dollars. The registration will be velid for twelve mnni'
~ (41)) This section sball nat apply lu Ewlice dogs as defincti ni iik- 5c;ceiuii (E_<) 'The ow-ner or keeper of a dangerous dog must natify Spoknne County anim.: I._
writing if t6e dog is deccased or if the dttngerous dog is to be relocated or if there is a cbungc
ownership. [n the evcnt of a change of ownership and !or rclocation of the dangerous dng, tl,
ow-ner or keeper must pcavide Spokane County animal control with the complete address w !
phone number of the new ow,ner or keeper prior to thc change of owmcrship ancVor relocation
tt3e dangcrous dog. The owner or kecper of the dangerous dog under this subscorion nrust :t'
notify any subsequent uwner or ketpcr of the dog's designation as a dangerous d,
~ ( it•) Uugs decmed dangerous by other.jurisdictions in thr state af Washington «
thc same regulations tis if thcy have been decmed dangerous in Spokane County. UUb'.ti' I~CiIli.
dangcraus by jurisdictions outside of tho state of Washingtan will be evaluated and dc,;lu
d;ingerovs by the animal umtrol dircctor or his or her designee on an individual hasis
iJctermine whether they meet the requiremcnts uf n dangcrous dog. taking into account the
criteria estabtished by Section 5.04.020(8). Dogs meeting the requitemcnts of u ciangerous cl
tmdcr this subseetion must be registercxl us such, and gre subject to all other restrictions impo~• .
Lindcr this scction.
~ DangerAUS dob registmtion mu5t be rencwed every twelve mnnths. A rcinspe;;tian of the
i'acility is rcquired prior tt-, rene\v:il. Tl.c «wnrr or keeprr qhall also rrt-lvidc f"c,nntv
animal control proof ~ rc-registration.
SCCIiOp 7. SCVCrahilia. 11 w►y scctiun, scn[cnce, clausc or pluasc uI tfiis Urduiancc tili.1u'J
be hcld ta be invalid or unconstitutional by a cuurl uf compctent jurisdiction, such invalidity or I
unconstitutionality shall not affect tfte validity or cons[itutionctlity of any othrr se,ction, sentenec, clause
or phr,►sc af this Urdinance.
OrJinuncc O?-ilna Dw1.~erous Due App<'al Pakc 1 of R
_ I
DRAFT Section A. Effective Uate. This Ordinance shall become effective thirty days after
publicaeion oC t:he ordinanc:e, or a summary thereof, in the official ncwspaper of thc City.
Adopted this day of Febru.3ry, 2007.
City of Spokane Valley
Mdyor, Diana Wilhite
A 1°TEST:
City Clerk, Christine Bainbridne
Approved fis to Furm:
Office ofthe City Attorney
.
Ordinance 07-003 nanoerous Dog Appeal Page 8 of 8
- CITY OF SPOKANE VALLEY
Request for Council Action
`
Meeting Date: January 23, 2007 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business Z new business ❑ public hearing
❑ information ❑ admin, report [D pending legislation
AGENDA ITEM TITLE : Contract Award for Outdoor Pool Renovation (Architectural and
Engineering Services for the Renovation of Outdoor Swimming Pools)
GOVERNING LEGISLATION: N!A
PREVIOUS COUNCIL ACTION TAKEN: Council has approved funding for swimming pool
renovations in the 2007 budget.
BACKGROUND: In conjunction with the conveyance of park properties from Spokane County
to the City of Spokane Valley in April, 2003, the County set aside $1.6 million for swimming pool
construction. In April 2006, City Council adopted a Parks and Recreation Master Plan which
included various options related to swimming pools. On August 15, 2006 City Council approved
the renovation of the three existing pools - Terrace View, Valley Mission and Park Road - versus
the construction of a new pool. On October 10, 2006 the Spokane County Commissioners and
the Cifiy of Spokane Valley agreed upon the use of the $1.6 million in funds for the renovation of
fhe three existing City pools.
. ~ .
~ ~ .
In response to advertisements for Architectural and Engineering Services for Outdoor Pool
Renovations, the City received two Proposals. Based on the proposals, staff has negotiated a
scope of worlc with ORB Architects of Renton Washington. The estimated fee for services is
$196,711 including public input meetings and architectural and engineering services to renovate
the City°s three outdoor swimming pools.
OPTIONS: Authonze the City Manager or designee to execute a contract with ORB architects.
Take other action.
RECOMMENDED ACTION OR MOTION: I move to approve the Contract with ORB Architec#s
for architectural and engineering services for the renovation of Terrace View, Valley Mission and
Par1c Road swimming pools; and to authorize the signature thereon of the City Manager or
designee.
BUDGET/FINANCIAL IMPACTS: Proposal is within adopted budget. STAFF CONTACT: Mike Jackson, Parks and Recreation Director
; ATTACHMENTS : None
DRAFT
I
AGREl+MFNT FOR PltO~+"ESSTQ\`AL SERVICES
ORB Architects, Inc.
AIE Services - Outdoor Pool Ren4vations
Contncct # 07-006
TI IIS AGREEIvIENIT is made by and between the City• of Spokane Vallcy, a code City ofthe State of
Washina on, hereinafter "City" and ORB Architects, Inc. hereinafler "Consultant," jointly referred to as
"parties.;'
N CONSIDER.,kTION ofi the terms and conditions contained herein the pzirties agree as follows:
1. Work to Be 1'erformed. The Consultant will provicle all labor, seivices and material to
satisfactorily complete the aetached Scope of Services.
A. Administration. The City Manager or desi};mee shall adrninister and be the primary
eontact for Consultant. Prior to cammencement of «<ork, Consulttnt shall contact the City Mauiager or
designee to review the Scope of Work, schedule Fuld date of completion. Upon notice fram the City Manager
or designee, Cnnsultant shall commence work, perform the requested tasks in the Scope of Wnrk, stop work
and promptly cure any failure in performance under this agreement.
B. Tteoresentations. The City has reliecl upun the quali.fications of the Consultant in
enterinj into this ag7eement. 13y execution of this agreemenl', Cunsultant represents it possesses the ability, '
skill and resources neccssary to perf'orm the work and is familiar with all current laws, rules and regulations which reasonably relate to the Scope of Worl:. No substitutions of agrce.d upon personnel shall be made
without the written consenC of the City.
Consultant shall be responsible fnr the technical accuracy of its services and documents
resulting therefrotn, and City shall not be responsible for discovering deficiencies therein. Consultant shall
correct suCh deficiencies without additional compensacion except to the extent such action is directly
attributable to deficiencies in City fumisliecl i.nformation.
C. Modifications. The City may modiPy this agreement and order changes in the work
whenever necessary or advisable. The Consultant will accept modif►cations when ordered in writing by the
City Manager or desitTnee. Cornpensatiqn for such modifications or changes shall be as mutually agreed
hettiveen the parlies. The Consultant shall make sucli revisions in the work as are ncee.ssary to correct errors or
omissions appearing dierein when required to do so by the City without additional compensation.
2. 1 erm of Contract. This agreement shal) be in full force and eFT'ect upon ereculion aiid shall
remain in effect until cnmpletion of aU contractual requirements have been met.
Cither party may terminace t'his agrecment by ten (10) days written notice to the other party. In
the cvetit of such tei-inination, the City shall pay the Consultant for all work previously authorized and
salisfactorily perforrned prior to the terniination date.
Agrrxment for Professional 5ervices Page 1 of 5
3. CompcnsAtion. The City agrees to pay thc Consultant an amount n4t to exceed $196.711 as
full compensation for everything done under dhis agreement.
4. Pal'»lent. The Consultant shall be paicl monihly upon presentation of'a detailed invoice to
the City. Applications for payment shull be sent to thc City Clerk at the below stated address.
The City reserves the right to withhold payment under this agreeiiient wfiich is determined in the
reasonable judgment of the City Manager or desigmee to bc noncocnpliant with the Scope of Work, Cify
Standards, City ordinances and federal or state standards.
5. Notic.e. Notice shall be given in writing as follows:
TO TELE C1TY: TO °CHF CQNSULTANT:
\Tame: Christine Bainbridge, City Clerk Name: ORB Architects, Ine.
Phonc 'Number: (509)921-1000 Phone Number: 425.2263522
Address: 11707 East Spratue Ave, Suite 106 Address: 607 5W Grady «'ay, Suitc 210
Spokane Valley, WA 99206 Renlon, WA 98057
6. Anplicablc Laws anci Stanclards. The paities, in the performance of this agreement; agree
to comply with all applicable .hederal, State, local la«<s, ordinances, and renulations.
7. 12elationship of thc Parties. It is uncierstood, agreed and declared that the Coasultant shall be
an independent Consultant and not the agent or employee of the City; that the City is interested in only the
results to be achicved, ajid that the right to control the particular manner, method and means in which the
services are performed is solely within the discrckion of the Consultant. Any and all employecs who provide
services to the City under this abreement shall be deemed employees solely of the Consultant. The Consultant
shall bc solely ee.sponsible for lhe cuntluct and actions pf all employees under this agreemcnt and any liability
that may attach thereto.
8. Ojvnership of Documents. All drawine,,s, plans, specifications, and other related docurnent~s
prepared by the Cdnsultant under t11is agreement are and sliall be lhe property of the City, and may be subject
to disclosure pursuant to RCVJ 42.56 nr other applicable public record laws.
9. 12ecords. The City or State Auditor or any of their representatives shall have full access to
and [he right to examine during normal business hours all of the Consultant's records with respeet to all
matters covered in this c:ontract. Such representatives shall be permitted ta audit, examine aiid make exce.rpts
ar transcripts from such records and to make audits of all contraets, invoices, materials, payrolls and record of
matters covered by this contract for a period of three years from the datc final payment is made heretmder.
10. Insurance. 7 he Consultant shall procure aaid maintaui for the duration of the agreement,
insurance against claims for uijuries to persons or damage to property which may arise frotn or in connection
with the perforrttance of the work hereunder by tltc Consultant, its agents, representatives, or emplo}'ees.
No i..imitatian. Consuhant's maintcnancc of insurance as required by the, agreement shall not be construed to
lirnit the liability oftlie Consultar►t to thc coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
~
` Agrec.ment for ProfessionaJ Strvices }'age 2 of 5
A. Minimum Scone of Insurance. Consultvit shall obtain insurance of the types _
described below: •
J
1. Automobile Liability insurance covering all owned, nqn-owned, hired t3nd
lea.seci vehicles. Coverage shall bc written on Insuranee Services Office (ISd) form
CA 00 0 1 or a substitute form providing equivalent liability coverage. [f nece,ssary,
the pAlicy shall be endorsed to provide contractual liability coverage.
2. Con:mercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premisc..e, operations;
independent contraeCnrs and personal injury ar►d adverl:ising injury. The City shall he
named as an insuued under the Consultant's Commercial General Liability insurancc
policy with respect to the work perfornied for the City.
3. Work.er.r' Compensation covernge as required by the Industrial lnsurance
laws ef thc State of VVashington.
4. Prc~fessional Liability insurance appropriate to the Consultant's profession.
B. iMinimum Amounts oflnsuranc.c. Consultajrt shall maintain the following insurance
limits:
1. i1ulomvbife Liability insurance witn a minimum combined single limit for
boclily injury and property damage of $1,000,000 per accident.
2. Commercial Generull..iabilify insurance shall be wrilten with limits no less '
than $1,000,000 eaeh occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less t:han
$1;000,000 per claim and $1,000,000 policy aggrEgate limit.
C. Other Insurance Pravisions. `1`he insurance policics are to contain, or be endorsed to
contain, the £ollowing provisions for Automobile Liabilily, Yrofessional Liability and
Comrncrcial General Liability insurance:
1. 1'he Consultant's insurance eoverage shall be primary insurflnce as respect
ihe City. Any insurance, selF insurance, or insurance pool coverage maintained by
the Ciry shall be excess of the Consuliant's insurance and shall not contribute with it.
2. The Cunsultant's insuraiice shall be endorsed to st<ite that eoverage shall not
be cancelled by eithcr party, except after thirty (30) days prinr written notiee by
certified mail, return receipt requcsted, has been given to the City.
D. Accentabilitv of Insurers. Insurance is to be placed with insurers with a current A.M.
13est rating of not less than n:VII.
Agrcc:ment fur Professiurifil Services - Page 3 of 5
E, Verification of ~c~vera~e. Consultant shall furnish thc Ciry with original certificates
and a copy of the amendatory endorsements, ineluding but not necessarily limited to the
` additional insurcd endorsemenl; evidencing the insurznce requirements of the Consultant
before commencemenY of the «<ork.
F. rvidence of Coverape. As evidence of the insurance coverages required by this
contract, the ConsultanC shall furnish accepktble insurance certificates ro lhe City at the time
the Consultant retums the signed contracY. The ccrtificate shall specify all of the parties who
are additional insureds; ajid will include applicaUle policy endorsements, the thirly (30) day
cancellation clause, and the deduction qr retention leveL Insuring campanies or entities are
subjeCt to City acceptance. If rcyuested, complete copies of insurance policies shall be
' provided to the City. '1'he Consultant shall be fnancially responsible for all pertinent
decluctibles, self-insured retentions, andlor self insurance.
11. Indemnification flncl.Hold Flarmless. Consultantshall defend, indemnify tind hold the City,
i[s officers, officials; employees and vnlunteers harmless frnm any and all claims, injuries, danages, losses, or
suiis including attorney fees, arising out oFor resulting from the acts, crrors oe omissions ofthe Consultaait in
perfonnance of this a;reement, excepl for injuries vid d~unages caused by the sole negligence of thc City.
12. Waiver. No officer, employcc, agent or ather individual acting on behalf of either party has
the po«<er, right or authority to waive any of t:hc conditions or provisions of this agreement. No waiver in one
instance shall be held to be waiver of qny other subsequent breach or nonperforniance. All remedics afforded
in this agreemcnt or by law, shall be tal:en and construed as cumulative, and in adclitian to cvery otlier remedy
provicfed herein or by ltjw. 1?ailure of eitlier pa.rty to enforce at any time any ofthe provisions ofthis agreemenC
~ or to rcquire at any time pcrformance by the c~t.her party of airy provision hercof shall in no N+~ay be construed to
be a waiver of such provisions nor shall it aFtect the validity of this agreement or any part tliereof.
13. Assipnment and Dclegxtion. \'cither party shall ttssi~,m, transfer or delegate any or all ofthe
responsibilities of this agreement or the benefits received hereunder witllout first obtaining the written conseut
of thc oiher party.
14. Suhcontraets. Except as otherwisc provided herein, the Consultant shall not enter into
subcontracts for any oi'the work contemplated unde.r diis agreement without obtaining prior Nvritten approval of
[he City. 15. Contidentialifv. Consultant mary, from time to ti.me, receive infumiation wMic}h is deemed by
the City to be confide►itial. Consultant shall iiot disclose such information without the express written consent
of the City or upon orcier of a Court of competent jurisdiction.
16. Jurisdiction and Venuc. 'lhis agreement is entered intn in Spokane Counfy, WaShin?ton.
Venue shall be in Spokane County, State of Washington.
17. Cost and Attorncv's F-ees. In t.he event a lawsuit is brought witli respect to t11is agreement,
thE prevailing party shall be awarded its costs and aitorncy's fees in the arr►nunt co be determined hy the Court
as reasnn3ble. Unless provided othenvise by statute, Consultant's attorney fees payable by the City shall not
esceed the total sum amount paicl under this agreement. .
~
Agreement for Professionai Seivices Page 4 of 5
18. Entire ALFrecment. This written agreement constitutes the entit•e and eomplete agreement
behveen the parties and supercedes any prior ortil or %vritten agreements. This agreement may not Ue changed,
modified or altered except in writing signed b}' the parties hereto. '
19. Anti-kickback. \To officer or employee of the City, having the power or duty to perform an
olTeial act or action related to this agreement shall havc or acquire any interest in this a;reernent, or have
solicited; accepted or grantect a present or fiiture gift, favor, service or other thing of value from any person
with an '►nlerest in this agreement.
20. Business RegistraEion. Prior to commencement of work under diis agreement, Consultant
shall register with the City iis a business.
21. Severabilitv. If any section, sentence; clause or phrase of this agreement should be helcl to
be invalid fur any reason by a eourt of competent jurisdiction; sueh invalidity sllall nat affeet the validity of any
other section, sentence, clause or phrase of this aPreement.
22. I1lhibits. Extiibits attached and incorporated into chis agreement are:
1. Scope of seivices (wilh proposed schedule)
2. Insurance Ceriifcates
lN 1VITNESS WHEREOF, X}te parties hav-e executed this agreement this day of
. 2007.
CITY OF SPOKANE VALT FY: Consultant: -
David Alercier, City Manager Owner
Tax Ill Na.
ATl'GST: APPRUVEl7 AS Tp FORM:
Christine Bainbridge, City Clerk OfFce ofthe City Flttorney
Agreement forProCessional Services Page 5 uC5 '
CITY OF SPOKANE VALLEY POOL REMODEL
PROPOSED HOURLY BREAKDOWN
PRIN. ARCH DRAFT TYPIST
PHASE 1- GAIN PUBLIC INPUT
Phase 1a) Present existing designs to public -three
public meetings
Prepare presentation sketches and pawerpoint
presentation 4 8 6
Travel to and from City of Spokane Valley 8
Neighborhood meetings 3- nights 12
Phase 1b) Prepare design modification sketches and
represent to public ( 1- city-wide public meetings)
Prepare presentation sketches and povrerpoint
presentation . 4 8 6
Travel to and from City of Spokane Valley 8
City-vride Public Meetings 1- night 4
Phase 1c) Review field conditions and code analysis
Review current field conditions at three pools 4 16 8
Perform code anatysis of revised designs 6
Phase 1d) Prepare conceptual drawings based on
public input, prepare cost estimates, and present to
City Council
Site plans thres each 4 12 3
Conceptual drawing of three designs identified in the .
public meetings 4 24 12
Cost Estimating 2 12 6
7ravel to and from Cify of Spakane Valley 8
City Council Meeting 4
PROPOSED HOURLY SUMMJIRY PHASE 1 66 86 23 16
HOURS RATE Wl OH TOTAL
PRINCIPAL 66 $125.00 $8,250
ARCHITECT 86 $102.00 $8,772
DRAFTSMEN 23 $71.00 $1,633
TYI'IS7 18 $70.00 $1,260
TOTAL ARCHITECTURAL FEE PHASE 1 $19,915
REIMBURSABLE EXPENSES: TRIP
AIRFARE @$250 PER TRIP ' 3 . S750
PER DIEM (HOTEUMEALS) 5 . S750
CAR RENTAL @$30 PER DAY 5 $150
TOTAL ARCHITECTURAL FEE PHASE 1 $21,565
Phase 2- Prepare Design Development Documents
for remodel of three pools per the designs approved
by city council. (Based on $1,600,000 project cost)
FEE PERCENTAGE 4.37%
CONSTRUCTION COST $1,250,000
TOTAL A-E FEE PHASE 2 $54,625
Phase 3- Prepare Construction Documents for
remodel of three pools per the designs approved by
city council. (Based on $1,600,000 project cost)
FEE PERCENTAGE 4.77%
CONSI'RUCTION COST $1,250,000
TOTAL A-E FEE PHASE 3 $59,625
Phase 4 Construction Administration of Contract
including evaluation of construction bids. (Based on
280 day (40 week) Bid and Construction Phase)
Sidding & Negotiation, Addenda 4 40 '16 4
Office Admin. Architect @ 4 hours per week 160
Submittals, Shop Drawings, proposal Requests, RFI's 4 40 16 16
On-site Meetings - 12 each @ 10 hours each 8 120 24 16
PROPOSED HOURLY SUMMARY PHASE 4 16 360 56 36
FiOURS RATE W/ OH TO7AL
PRINCIPAL 16 $125.00 $2,000 ARCHITECT 360 $102.00 $36,720 DRAFTSMEN 56 $71.00 $3,976
TYPIST 36 $70.00 $2,520
70TAL ARCHITECTUftAL FEE PHASE 4 $45,216
TOTAL ENGINEERIiVG FEE PHASE 4(Lump Sum) $12,320
REIMBURSABLE EXPENSES:
AIRFARE @ $250 PER TRIP 12. $3,000
PER DIEM (HOTEUNiEALS) 0 $0
CAR RENTAL @$30 PER DAY , 12 $360
TOTAL CONSTRUCTION ADMINISTRATION FEE
PHASE 4 $60,896
RECEP OF FEES:
TOTAL PHASE 1 FEE $21,565
TOTAL PHASE 2 FEE (INCLUDES EXPENSES) $54,625
TOTAL PHASE 3 FEE (INCLUDES EXPENSES) $59,625
TOTAL PHASE 4 FEE (INCLUDES EXPENSES) $60,896
TOTAL A-E FEE $196,711
' ~
PHASE 1- GAI17 FUBLIC LNTUT
, 1.1 Gains public input by conducting three neighborhood meetings in the vicinity of eaCh pool
1.2 Rased on public input, preparre design sketches and present to the public at one city-wide meeting
1.3 Review field cnnditions and code analysis. Prepare conceptual drawings and present to City
Council. .
~ 1 .
PHASE 2- PREPARE DESIGN DEVELOPMENT DOCUMENTS
2.1 Based on the appraved Phase 1 Conceptual Drawings and any adjustments authorized by
' the Owner in the program, schedule or cons4ruction budget, the Architect shall prepare, for
approval by the Otivner, Design Development Documents consisting of drarvings and other
documenfs to fix and describe the size and character of the Project as to architectural,
structural, mechanical and electrical systams, materials and such o#her elements as may
be appropria#e.
22 The Architect shall advise the Ovvnor of any adjustments to the preliminary estimatQ of
Constructfon Cost. .
PHASE 3- PREPARE CONSTRUCTION DOCUMENTS
3.1 Based on the approved Design Development Documents and any further adjustments in
the scope or quality of the Project or in the construction budget authorized by the
Owner, the Architect shall prepare, for approvel by the Oovner, Construction I?ocuments
consis4ing of Drawings and Specifications setting forth in detail the requirements for the
construction of the Project.
32 The Architect shall assist the Owner in the preparation of the necessary bidding
information, bidding forms, the Conditions of the Gontract, and the form of Agreement
between the Ovrner and Contractor.
3.3 The Architect shall advise the Owner of any adjustments to previous preliminary
• estimafes of Construction Cost indica#ed by changes in requirements or general market ,
conditions.
3.4 The Architect shall assist the Owner in connection with the Owner's responsibili#y far
~ filing documents required for the approval of govemmental authorities having jurisdiction
over the ProJect.
PHASE 4- CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
4.1 1?ie Architect, follawing the Owner's approval of the Construction Documents and of the
latest preliminary estimate of Construction Cost, shall assist the C3tivner in obtaining bids
or negotiated proposals and assist in awsrding and preparing contracis for construction.
4.2 The Architect's responsibility to providE Basic Ssrvices for the Construc#ion Phase
under this Agreement comrnences with the avrard of the initial Contract for Gonstruction
and terminates at the earlier of the issuance to the Owner of the final CeR'tficate for
Payment or 60 days after the date of Substantial Completion of the Work.
4.3 7he Archifect shall provide administration of the Con#ract for Construct'ton as set forth
below. -
4.4 Duties, responsibilities and limitations of autharity of the Architect under this f'aragraph
shall not be restricted, modifiod or extended without written agreement of the Owner
and Arohitect.
4.5 Tho Arohitect shall be a representative of and shall advise and consutt with the Ovrner
during the administretion of the Contract for Construction. The Architect shall have
authority to act on behalf of the Owner only to the extent provided in this Agreement
unless otherwise madified by vrritten amendment.
4.6 Tho Architect, as a representative of the Owner, shall visit the site on fiveive occasions
appropriate to the sfage of the Contractor's operations, or as otherwise agreod by the
Owner and the Architect (1) to become generally familiar with and to keep the Otvner
~ informed about the progress and quality of the portion of the Work completed, (2) #o
~
endeavor to guard the Otivner against defects and deficiencies in tYse Work, and (3) fo ;
determine in general if the Work is being perFormed in a manner indicating that the %Work, when fully complEted, will be in accordance with the Contract Documents. The
Owners representative will visit the site on a daity basis to monitor the Construction
activity. Therefore, the Architect shall not be required to make exhaustive or continuous
on-site inspections to check the quality or quantity of the Work. The Architect shall
neither have control over or chargo of, nor be responsible for, the construction rneans,
methods, techniques, sequences or procedures, or ior safety precautions and programs
in connection with the Work, since these are solely the Contractor's rights and
responsibilities under the Contract Documents.
4.7 l"he Architect shall report to tlie O►vner known deviations from the Contract Documents
and from the most recent construction schedule subrnitted by the Contractor. However,
the Architect shall not be responsible for the Contractor's failure to perform the Work in
accordance with the requirements of the Contract Documents. The Architect shall be
responsible for the Architect's negligent acts or omissions, but shall not havc cflntrol
over or charge of and shall not be responsible for acts or omissions of the Contractor,
Subcontractors, or their agents or employees, or of any other persons or entities
perforrning portions of the Work.
4.8 The Architect shall at all times have access to the Work evherever it is in preparation or
progress.
4.9 Except as otherwise provided in this Agreement or when direct communications have
been specially authorized, the Owner shall endeavor to communicafe with the
Contractor through the Architect about matters arising out of or relating to the Contract
Docurr~ents. Communications by and with the Archi#ect's consultants shall be through
the Architect.
CERTIFICATE FOR PAYMENT
The Architect shall review and certify the amoun4s due the Contractor and shall issue certificates in such amounts.
The Architect's eertification for payment shall consti#ute a representation to the Ovdner,
based on the Architects evaluation of the Work as provided in Subpar-agraph 4.6 and on
the data comprising the Gortractor's Application for Payment, that the Work has
progressed to the pnint indicated and that, to the best of the Architect's knovrledge,
information and belief, the quality of the Work is in accordance with the Contract
Documents. The foregoing representations are subject (i) to an evaluation of the Worlc
for conformance wi#h the Contract Qocuments upan Substantial Completion, {2} to
results of subsequent tests 2nd inspections, (3) to correction of minor deviatEons from
the CQntract Dacuments prior to completfon, and (ii) to specific qualifiications expressed
by the Architect.
The issuance of a Certificate for Payment shall not be a representafion #hat fhe Architect
has (1) made exhaustive or continuous on-site inspections to check the quality or
quantity of the Work, (2) reviewed construction means, methods, techniquos, sequences
nr procetiures, (3) revievved copies of requisitions received from Subcontractors and
material suppliers and other data requested by the Ovrner to substantiate the
Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor
has used money previously paid on account of the Contract Sum.
The Architect shaA have authority to reject Work that does not conform to the Contract
Docurnents. Vdhenever the Archi#ect considers it necessary or advisable, the Architect
shall have authority to require inspection or testing of the Work in accordance with the
provisions of the Contract Documents, whether or not such Work is fabricated, ins#alled
or completed. However neither this authority of the Architect nor a decision made in
good faith either to exercise or not to exercise such authority shall give rise to a duty or
responsibility of the Architect to the Contractor, Subcontractors, material and equipment
suppliers, their agents or employees or other persons or entities performing portions of
the Work.
The Architect shall review and approve or take other appropriate action upon the
Coniractor's submittals such as Shop Drawings, Product bata and Samples, but only for
the limited purpose of checking for conformance with information given and the design
concept Expressed in the Contract Documents. The Architect's action shall be taken
with such reasonable promptness as to cause no delay in the Worfc or in the activities of
the Owner, Gontractor or separate contractors, while allawing sufifiicient time in the
Architect's professional judgrnent to permit adequate reviow. Review of such submittals
is not conducted for the purpose of determining the accuracy and completeness of
other details such as dimensfons and quantities, or for substantiating instructions for
installation or performance of equipment or systems, all of tivhich remain the
responsibility of the Contractor as required by the Contract Documents. The Architec4's
review shall not constitute approval of safety precautions or, unless otherrvise
specifically stated by the Architect, of any construction rneans, methods, techniques,
sequences or prncedures. 7he Architect's approval of a specific item shall not indicate
approval of an assembty of which the iterri is a component.
If professional design services or certifications by a design professional related to
systems, materials or equipment arQ specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design
criteria that such sen+ices must satisfy. Shop prawings and other submittals related to
the Work designed or ceriified by the design professional retained by the Contractor
shall bear such proiessional's written approval tivhen submitted to the Archiiect. The
Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the
~ services, certifications or approvals performed by such design professionals.
The Architect shall prepare Change orders and Gonstruction Change Directives, with
supporting documentation and data if deemed necessary by the Architect, for the
Ov,mer's approval and execution in accordance with the Gon4ract Documents, and may
authorize minor changes in the Work not involving an adjustment in the Contract Sum or
an extension of the Contract Time which are consistent with the intent of the Contract
Documents.
The Architec4 shall conduct inspections to de4ermine the date or dates of Substantial
Cornpletion and the date of final completion, shall receive from the Contractar and
forvoard to the Owner, for the Ovrner's review and records, written vrarranties and related
documents requirEd by the Contract Documents and assembled by the Contractor, and
shall issue a final Certificate for Payment based upon a final inspection indicating the
War',c complies with the requirements ofi the Contract Documents.
Interpretations ancf decisians of the Architect shall be consistent with the intent of and
reasonably inferable from the Gontract Documents and shall be in writing or in the form
of drawings. When making such interpretations and initial decisions, the Architect shall
endeavor to secure faithful periormance by both Owner and Contractor, shall not show
partiality io either, and shall not be liable for results of interpretations pr decisions so
rendered in good failh.
`.J;
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erGhlsects -ai LL ~ Q ~ ~ ~ a cn
PROJECT .O.
'i Pre-Design (Public Input)
-~-__I-----~-
2 Schematic Design (Site & Code Analysis)
;
3 Design Development (Preliminary Drawings for approval)
4 Construction Documents
~ -
5 Permits (Building Dept. & Dept, of Health)
, _ -
6 Construction Administration ' ~ I I( I I ~ I ~ I I ~ ~-•'_r ~ BD,
~
~ '
v ; CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: January 23, 2007 City Manager Sign-off:
Item: Check all that apply: 0 consent ❑ old business ❑ new business ❑ public hearing
information X admin. report ❑ pending legislation
AGENDA ITEM TITLE: City Use of Geiger work crews
GOVERNING LEGISLATION: RCW 39.34 Interlocal Agreement Act
PREVIOUS COUNCIL ACTION TAKEN: Information only item January 9, 2007:
BACKGROUND: The City has, from time-to-time, need for manual labor for certain work in the
City's rights-of-way, primarily for weed abatement. The Geiger Correctional Facility, owned and
operated by Spokane County, has woric crews that can provide this service at rates significantly
below those we could get anywhere else.
Staff has utilized such crews in the past. This proposed contract would formalize that
relationship to a more significant degree. The essential nature of the agreement is that we
would use them on an on-call basis, and would not commit the City to any set use.
Our Code Compliance office would also like to use these crews to assist in abating nuisances
on private property once a c4urt order has been obtained to access the property. -
OPTIONS: Advance for motion consideration on a subsequent agenda; request changes to the
draft agreement.
RECOMMENDED ACTION OR MOTION: Consensus to pface on a subsequent agenda for
motion consideration.
BUDGETlFlNANCIAL lMPACTS: Use of crews is $250 per half day.
STAFF CONTACT: Cary P. Driskell, Deputy City Attomey
ATTACHMENTS: Draft agreement for use of Geiger crews.
~J
GEIGEl2 CORRECTIONS CENTER
• AN'D
TkTE CITY OF SPOICA.►vF VALLEY
Worlc CreAv Seniccs Aureement
THJS AGREEMEN`I' is e.fEective as Af the 1 st day of Fcbruary, 2007 by and betvveen SPOK.ANr
COUNTY acti.ng by and through tlle Sl'OKANE COUNTY GEIGE12 CORRECTIONS Ci^Ti't'ER, P.U.
Box 19202, Spokane, Wt1. 99219 (hereinafter called "CONrI'R.t1CTOR') srid the CI'I'Y OF SPOICANE
VA.1,LEY, 11707 East Sprague, Suite 106, Spokane Valley, WA 99205 (hereinafter called the "CL:IF.NT',
OR "C1TY"). The CONTRAC'CUR and CLIENT are jointly referred to as "Pt1RTIES" within this
agreement.
WI-ERF.AS, SPOKA\rE COLT~~J'fY GEIGER. COR.R,E CTIOU CE\T"rER prbvides ailult offender
work crcws fior hire by other jurisdietions; and
~AWREAS, CITY lias a need for manual labor to provide cleanup for various projects related to
public health, safetyanci welfare, and Geiger Correction Center has such labor availahle, and
WI-IrREA$, this agreement will dcfinc the terms and scope of wnrk tn be performed and allocate
liability for t.he Parties to this Agreement; and
NOW,1'I-IEREFORr, the PARTIES mutually agree on the lenns ancl conditions set forth below:
AxTICLE ONE
SCOYE OF SERN'JCFS
1.1 Scope of R'ork.
Cnrle Conaplimice
1. L4i►cling City provided durnpsters with identified nuisance solid waste
(househol(i garbage) and materials.
a. Said Nvaste and malerials will not be WAZMAT or BIO 1-IAZMAT;
b. \io lifting beyond fifty (50) pounds;
c. CiCy st<tff- precisely identifies solid waste R materials to crevv supervisor who
directs efforts.
2. `l'rimming of exeessive yard and shrubbery debris (weed whacking/raking).
a. [..oading yard/shrubbery debris in City proviclc.ci dumpster.
b. All wnrk occurs on oublie nronertv or if on nrivate nrooertv CLUNT is
responsible for obtaininf! nermission.
3. Required ecluipmenC.
a. Nllork gloves;
b. Safety glasses;
e. Ear protection (as applicable); .
d. Weed eaters;
Work Crew Services Agreement Psge I of 5
c_ Shovels (spade & snow) and rakes;
, f. Inclement weadier clodl ing.
Code compliance staff will coordinate directly with work crew supervisors as to time and place of
abatement clean-ups. It-is prefe»•ed the crew supervisor vieNv the projects before the scheduled alcan-ups
for on site assessment. Code Cnmpliance staffwill accommodate crew supervisors schcdule.
Rif,hl-of-wrrv Clewtun
1. "1'he followi.ng work ta.sks will be performed in the City's rights-of-way:
a. Weed abatemcnt lno chemicalsl;
b. Vegetation control (no chemicitls);
c. Non-irrigatecl skvale maintenance;
cl. T..itter control;
e. Landscape, manual labor; and
f. T?ebris c(ean-up for City Code Conipliance.
2. The City has purchased smiill equipment for diese activities for use by
CONTRACTOR on behalf of the C11"Y that CONTRACTOR. keeps stored at its fiicility. Gciger,a~rees to
perfonn minor maintenance on this equipmcnt on an as-needed basis. For thc purpose of diis Agreement
"minor maintenance" shall i.nclude maintenance which wauld be perforrned by an individual if he owned
this cquipment and used it for his personal usc.
1.2 Compliance Wilh T,.aws. The CONTFZACI'OR shall comply with all applicable laws,
ordinances and c.odes of the United States, State of Washington, Spokane County and Gity of Spokane
Valley, including those that prohibil unlawful discriminatipn.
, 1.3 Hiring Standsrds. 'I"lie CONTRACTOR will usc offenders housed at Geiger to provicle
work erew services that to the best knowledge of CON.T..RAC'fOlt, have a stable work history, positive
regard for the community, and are in good physical condition and capiible of performing the services
idenli.fcci in Section I.1. No inmates committed to the eust:ody of Geiger will be assigned to the work
crew who have pending charges or have been coiivicted in the past of any violent crime or who have been
convicted of any offense requiring registralion a.s a scx offender.
1.4 Equipment and Cleaning Supplies. The CLIENT will provide all specialized
equipment (e.g, backpack blowers ancl four wheel mechanical niules). This equipment will belong to the
CL1ENT ttnd will be cnauitained by the CO\`TRt1C"1"OR in good wOrking COnditiOn throughout the
contract terni. Equipment will be main[aineci and stored at All CLIENT-owmed equipment i.rreparably
damaged or destroyecl through CONTRACTOR negligence will be repairecl or rcplaced by the
CONTRACTQR. \iecessary consumable, non-specialiied equipment (e.g. mops, brooms and other hand
tools) and cleziaing supplies will be provided by the CL1EN'I' to complete work projecrs.
1.5 Vehicle. The CONTRACTOR will provide a motor vehicle for transporlinS [he work
crew to t.he work site. The ve}iicle tivill be otivned and maintained by the CONVTRt\CTOR.
1.6 Work Schedule. "C'he CLIEN"I' shall establish a work crecv schedule that anticipates
using work crews on an as-needed, on-call basis. Provicled, however, CLIENTS recogn.izes that
r~ CONTRFICTOR retains the authority to adjust any work crew schedule. CLIENT Nvill reimburse the cos1:
%of the ofFicer's overtime if the crew is requieed to work beyond the standard workday, ar beyond farty
Work Crew ServicQS Agreement ' Page 2 of 5
hours in a week as prearranged. The CLIENT will reimburse the cost of the officer's holiday premium
pay if work is performed on County holidays.
1.7 Uniforms. The C(aNTRAC`C'OIt shall provide and have final approval of all uniforms
worn by the work erew cluring the perfornlanc;e of work. When necessary, safety vests «<ill be worn by
the worl: cxcw. The C:bN'112ACTOR will ensw-e dlat this clathing is cleaned vld maintained in such a
way so as to present a ncat aaid "unified clothing" appearance for the work crew.
1.8 Inclependettt Contractor. The CONTRACTOR, in dle perfornlanee ofthis Agreement,
is acting as an independent contrtictor and not in any manner as offcers, employees or agents of the
CI,.I E\''1. '
1.9 Reportiug. If requcsted, the CON'C'f2ACTOR agrees to provide monthly reprorts
outlining hours of work each montll and a general summary of activities performed. Reyuested reparts
will be provided to thc CI..TFNT no later than the Fifth day of the following month during the Cerm of'this
ngreement.
1.10 viedia Contact. The CONTRA.CTQR. and their agents agree to refer all mcctia contacts
relative to their Nvork on this contract to City Yublic Informaeion Officer.
ARTT(,LF T`Vn
COMPE\°SAT10N
2.1 Services Fce. '1'he CLIENT shall pay thc CONTRACTOIt three hundred dollars
($300.00) per «rork crew, per day wrorked, for straight tinle hours. Any work perfnrnieci on a holiday or in
excess of 40 hours per work week will be billed at the appropriate Spokanc County wage scale. _
2.2 Sei-vice Fee Adjustments. 13oth PARTILS to dhe Agreement will review the service fee
annually. Acljustments to seivice fees pursuant to Sectian 2.1 must be subrnitted by the C0NTItA(:1'OR
Co thc CL1rNT for consideration nd laler than September 1' of the year prior to a new budget year.
2.3 Tnvoices. CON°1'17ACTOR shall provide CLIENT tvith monthly invoices. CLIEN'C' shall
pay said invoices tn the CONTRt1C`l"01k within 20 days of receipt of the monthly invoice. Payment for
serviees will not be eele.ased to the CONTIZACI'OK until invoicing and reporting requirements are met.
ARTICLE T1-]lUE
TERM AiND TTRATINATION
3.1 Term. T11c tenn of the Agreement shall begin February 1, 2007, and shall [erminatc on
laeccmber 31, 2007. This Agreement maybe renewed unon rnutual consent of tlle PARTIES to the
agreement for up to five (5) additional years on tlie same terms, subject to mutually agreed upon inereases
to dle service fee pursuant to Section 2.1. Any such renewals may be pursuant to letter a3reement sicned
by both partics.
3.2 Terminatiun. Either pariy may ter.minate this Agreement for any reasan whatsoever
upon giving the other party thirl`y (30) days written notice of such termination.
33 Handling of Properiy uPoii Contract 'C'ermination. All purchases of
equipment supplied by the CLIENT and deemed to be the property of the CL1:1:NT shall be inventoried
aod kept separate from other CONTT'RACTOR property. Uport terrnination of this Agreement all _
equipment shall be returnecl Co the CLTF.N'['.
tiVork Crew Services Agreemeut Yage 3 of 5
ARTICLE FOCTR
OUALITY OF PERTORNLAi\iCE
4.1 Yerformancc. 7'he CLIENT shall judge the pverall quality of the work perfonned, and
the sufficiency of recnrds. If during the course of this Agreement, the services rendered do not meet the
requirements of the CLIENT uncler this coutract, upon written notification, the CON'TRACTOR aorees to
rneet with Client and rnutually determine what steps are nece5sary to eoi7•ect, modify and/or properly
perform the services.
4.2 lliability. Each PA1Z'1"Y agrees to assume responsibility for all liabililies Chal occur or
arise i.n any way out of the pcrformance of this agrcernent by its personnel only and to save and hold the
otlier party, its emplqyees and officials, harinless frc>m all costs, expenses, losses and damages, including
cost of defense, incurrecl as a result of any acts nr omissions oP the party's employces relating to tfie
performanee of this Agrecrncnt.
ARTICLE F[VE
MuscELLaN"EoUs
51 I'artics-In-Intcrest and Assignment. This Agreemcnt is binciing upon and is for the
exclusive benefit of the PART.TT'S hereto and dieir respective successors and assigns, iind no person who
is not a PARTY hereto shall have any rights under this AgreemenC, either as a thi.rd party beneficiary or
nthenvise. \Teither PAR.TY rnay assign this Agreernetit without the prior written consent of the other
PA RTY.
5.2 Notices. Any nptice, report or other communication required or permitted hereurider
shall be in writing and shall be delivered personally or by regular US mail postage prepaid, addressed as
fallowecl:
If to Contractor: Leon Long
Direc.tor
Geiger Correction Center
3507 Sou[h Spotted R.oad
Spokane, WA 99219
If to Client: Tim Klei.n
City of Spokane Valley
1 1707 rast Spraaue, Suite 106
Spok-ane Valley, WA 99206
Any notice or other document or report hereunder shaU be deemed delivered or given as of the date
received, if delivered in person, or as of the clate senl iI' mailcd.
5.3 Entire Agrcement. 'T'his Agreement supersedes any and all prinr oral or wri4ten
a'reements and understandings relating Yo the subject matCer hereoP and eonlains the entire a~-eement of
dhe pFUties relating to the subject matter hereof. All exhibits, adcfencla, schedules and appendices hereto,
now or hereafter created, iire incorporacetl into ihis Agreemenc by reference anci made a part hcrcof: T'he
terms "hereaf," "herein" ancl like «rorcls shall ref.'er to this Agrcement in its entirety and shal) include such
eshibits, addenda, sehedules and appendices. This Agrcement cannot be arnended or rnodified, except by
a written agreement executed by the PARTIES hereto or their respective successors and assigns.
Work Crew Services Agreement page 4 of 5
5.4 Gaverning [..aw. `I"his Agreement shall be governed by, and construed in accordance
witM, the laws nF thc State nf tiVashington. A finding that any terrn or provision of this Abrrcement is ;
invalid or unenforceable shall not affeeC the validity or enForceability of the remainder of this Agreement.
Venue for any action arising out of [bis Agreement shall be in Spokane County.
5.5 Couoterparts. 1'his Aa~reernent maybe executed in several counterparts, each of which
shall be deemecl an original, but all of w•hich tooedher shall eonstitute one and the sacne instrument. This
Agreemcnt shall be binding when at least one counterpart has been sigr►ed by both PATt1'IES.
IN 1V]TNESS WHrR,EOF, the CLI.ETI1' has exccuted the same t}irough its duly authorized
representative, and the CONTfZAC'rOR ha..s caused this Agresment to be GFTGER CO1Z12FCT1pNS
CENTER and SPQKANE II~ID1.ANS BAS.EBA.T T.. CLUB AGREFM.rNT for Work CreLV Services ciuly
executed in its name, all as of the day and year first written above.
AOARD OF COLiNT1' CONMUSSIONTRS
OF SPOx:nNE COUNTY WASr[rNG"1 OiN
]aATED:
Cornmissioner.
A"1`17EST: C:ommissioner
Clerk of the Board
Danicla rrickson • Comrnissioner
CiTY OF SPUK.r1i; VALLI:Y
iaATED:
A'f"1'LS 1':
DAV117 IvtFR.CIER, City Manager
CHRTSTINE BANBR1llUE, City Clerk
Approved as to fonn:
Off ee of ihc Ciry Attorney
VVork Crew Services Agreernent 1'age 5 of 5
CITY OF SPOKANE VALLEY
Request for Council Action
• Meeting Date: January 23, 2007
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ~X] admin, report ❑ pending Iegislation
AGENDA ITEM TITLE: Administrative Report: Uniform Development Code Title 21 -
Environmental Controls.
GOVERNING LEGISLATION: See below
PREVIOUS COUNCIUCOMMISSION
ACTION TAKEN: The 2006-2026 Comprehensive Plan was adopted on April 25, 2006
and effective on May 10, 2006.
BACKGROUND:
Development regulations implementing the Comprehensive Plan should be adopted by March
31, 2007. These regulations are subject to the same requirements for early, continuous and
collaborative public participation as the Comprehensive Plan.
Title 21 - Environmental Controls.
Title 21 includes provisions for compliance with the State Environmental Policy Act (SEPA -
RCW 43.21 C, WAC 197-11) as well as critical areas regulation (RCW 36.70A, WAC 365-195)
including floodplain hazards (44CFR 60, RCW 86.16), wetlands protection, fish and wildlife
~ conservation, geologically hazardous areas, critical aquifer recharge areas, as well as
regulations implementing the proposed Spokane Valley Shoreline Master Program (RCW
90.58). This Title is unique in many respects, since the jurisdiction of several state agencies, as
well as the federal government must be taken into account.
SEPA: The SEPA process mimics the National Environmental Policy Act (NEPA) in
many ways. The administration of the process is delegated to a"lead agency" which is
resolved through a statutorily established process. Many planning (non-project),
development and construction projects are subject to SEPA review and administrative
determination, with the requirement for a hearing in the event the determination is
appealed. The statute is fairly prescriptive.
Policv Questions: Should the City continue with the optional thresholds adopted by
Spokane County?
Critical Areas:
Floodplain Hazard. Flood Hazard regulations are a condition of the City's participation
in the National Flood Insurance Program (NFIP) regulated by the Federal Emergency
Management Agency and the Washington Department of Ecology. The proposal
includes updates incorporated in the Washington Model Ordinance, as well special .
provisions for flood storage, resulting from the recent completion of the Chester Creek
re-study. The proposal has been reviewed by FEMA and the Washington Department of
Ecology.
Palicv Questions: The proposed ordinance is significantly more rational in dealing with rflood prone areas. The analysis was a result of the Chester Creek restudy which will
~ permit evidence of compensatory storage in-lieu of limitations on impervious cover.
Wetland Protection. Wetland buffers implement provisions of The Clean Water Act and
are included among the critical areas which must be regulated. The Department of
Information Report
Uniform Development Code 7itle 20 Subdivision Regulations (aka Title 14), and Title 21 Environmenfal Controls (aka
Title 15)
Page 2 of 3
Ecology has updated regulations concsrning wetlands significantly, allowing rnuch .
greater latitude for analysis than was the case under the old rules.
Policv Questions: DOE has outlined three alternative approaches (plus one variation on
alternative 3) to wetlands regulation. Alternative 1 is the only alternative permitted under
our interim regulations. The proposed regulations would allow an applicant to elect
among the three alternatives outlined by DOE to establish wetland buffers.
Fish & Wildlife Conservation. These provisions implement regulations for habitat
conservation established by the Washington Department of Natural Resources (DNR)
for riparian areas (RCW 90.58). DNR very recently completed its update of stream and
water body typing. These regulations replaced the eariier five stream type classification
with four, "Sp Shorelines of the State, "F" Fish, "Np" Non-fish perennial and 'Ns" Non-fish
seasonal. Sebacks and forest practices regulations (WAC 222-determine conservation
setbacks based on a combination of stream width (bankfull) and soil types, pursuant to
WAC 222-30-020. These regulations also replace the "ordinary high water mark" as a
benchmark with "bankfull°.
Policv Question: Should the Director's authority to allow reductions in the riparian buffer
be reduced from 25% to 10%? Geoloqicallv Hazardous Areas. These areas are designated on the Comprehensive
Plan and include both erosion and landslide hazard areas.
Policv Question: Proposed regulations determined only by the results of a gzo-technical
report, as is currently the case. Note that some provisions relate to grading and
excavating included in Title 24- Building Regulations. Critical Aauifer Recharae Areas. This provision regulates land uses with the potential
for aquifer contamination, based on susceptibility. A one thousand foot radius around all
groundwater wells is defined as "high" susceptibility", regardless of soil conditions.
Policv Question: Should containment of Critical Materials be included here or a part of
Title 24 Building Regulations, as is the case with Spokane County? While the public
hearing draft does not include it, it would be prudent to incorporate it here as a part of
the CARA.
Shoreline Master Proqram
The proposed Spokane Valley Shoreline Master Program (SMP) is subject to approval of
fhe Department of Ecology. Staff has followed fhe adopted Citizen Participation process
but DOE will 7undertake a separate public participation process following City
approvals.. The City collaborated with all jurisdictions in Spokane County, except the
City of Spokane, in performing an inventory and assessment of all statutorily designated
shorelines. These include "Shorelines of Statewide Significance" (Spokane River) and
"Shorelines of the State" which includes all bodies of water with a surFace area of 20
acres or more. This includes Shelley Lake, the Flora Pit and the Park/Thierman pit (both
owned by Cetral Pre Mix).
The SMP consists of the Plan (8.5 SV Comprehensive Plan and 8.6 Goals & Policies), a
restoration plan included as an appendix, and regulations to be incorporated into the
Spokane County Municipal Code, including Title 21 - Environmental Controls and Title
17- General Provision (Enforcernent & Penalties).
The City oi Spokane is in the process of updating its own Shoreline Master Program. Part of the process includes designating "shoreline environments" which may affect
adjacent land uses. Shoreline Management Programs place a strong emphasis on an
Information Report
• Uniform Qevelopment Code Title 20 Suladivision Regulations (aka Titfe 14), and Title 21 Envirorimental Controls (aka
7itle 15)
Page 3 of 3
environmentally "properly functioning condition° and public access to the tivater. Present
regulations also require a restoration plan. The statute also requires specific provisions
related to signage, roadway and utility construction, fill, docks and buoys, as well as
shoreline protection. °Substantial Development Permits" are required for construction in
shoreline areas.
Since the regulations must follow the formulation of the SMP, they should be discussed
concurrently. Three Open Houses were held at City Hall from 4-6 pm during October,
November and December 2006, on the same dates as the Planning Commission. The
Planning Commission is the designated Citizen Advisory Committee.
The proposed drafts include the preliminary comments and recommendations of the
Department of Ecology. Policy questions have been identified for the Commission, and
the text of the relevant statutes to assist the Commission in their deliberations.
NOTE: Omitted from the draft are two cateaorical exemution from the reauirement for a
Substantial Develoqment Permit: 11 Exemption for sinale-familv residential and 2)an
exemqtion for a residential dock wfiere the amount is less than $10,000. This will need
to be included.
Policv Questions:
Setbacks from the Ordinary High Water Mark increased from 50 feet to 100 feet?
Alternately, the Riparian Management Zone (RMZ) may be established as the °Shoreline
Buffer.
, Prohibitions on new docks for single family residential?
~ Limitation on size and alignment of replacement docks? (This should be retained, even
if new docks should be permitted, although the dimensions may be revised)
Are the Shoreline Environments properly identified on the maps?
Are additional uses allowed by right, with a conditional use permit, or othervvise limited
appropriate within the Shoreline jurisdiction?
Planning Commission continued the Public Hearing on Title 21 opened on January 11, 2007
until January 25, 2007 to hear testimony on the SMP which is scheduled for that evening.
The proposed regulations were submitted to CTED on October 20, 2006. A Determination of
Non-Significance (SEPA) was issued on the same day. The comment period expired on
November 30, 2006. OPTIONS: Schedule for additional discussion or take no action.
RECOMMENOED ACTION OR MOTION: None required.
BUDGET/FIPIANCIAL IMPACTS: None.
STAFF CONTACT: Marina Sukup, AICP, Community Development Director
ATTACHMENTS:
Title 21- Draft regulations _
Draft SMP Goals & Policies
~ i
( \
_ ~
e~~~ - . Dcpfl'rtmcnf.of Comunify.Develo~irne'nt
~~31 Planninmg. Utvisioii
,fQr m Development
~~ni
'r.iOdVi
Tit~le 21 Environmenfal,
Eontrols
January 23, 2447
. ~
.?-~::lleEi9riincnc ~if'Cqmmiiiiiiy Development
Planning~llivision " - •
Maj ox Components
. ❖21.20 State Environmental Policy Act
(SEPA)
❖21.30 Floodplain Regulations
❖21.40 Critical Areas
❖21.50 Shorelines
.
~
,
\
ufCommiiniky.Dcvclo~imeiit
' j~alt:..,~--^~: ~ - _:i'laniiing Uivision
21.20 SEPA
❖ Responsible Official & Lead Agency
❖ Categorical Exemptions
9 Flexible Thresholds (Policy Discussion)
❖Threshold Determinations
> Determination of Nonsignificance 9 Mitigated Determination of Nonsignificance
➢ Determination of Significance
Environmental Impact Statements (EIS)
❖ Use of Existing Environmental Documents
❖Agency Decisions, Conditions & Appeals
' SEPA Forms
l~ Ue iartmenf of`Ciommunih' 1?e~cli~ ~menl ~~~r
$A3kanc
~'~~a~l 1'lanning llivision
21.30 Floodplains
❖Definitions (specific to floodplains)
❖Administration ❖Variance Provisions
❖ Flood Hazard Reduction
❖FIRM (flood insurance rate map)
,
'
" epatrtmeniuf.CummuiiityDevelopment 64 "
Ylanning Uivision
21.40 Critical Areas
Wetlands
➢ Classification & Rating
➢ Buffer Areas (DNR alternatives policy discussion- one or three)
> Mitigation Plan (when required)
➢ Mitigation & Restoration
Fish and Wildlife Habitat Areas
➢ Priority Habitats
➢ Wetlands
➢ Riparian fish and wildlife
❖ Geological Hazardous Areas
➢ Erosion and Landslide Hazard Areas
➢ Evaluation and Mitigation Plan
Critical Aquifer Recharge Areas
D Aquifer Susceptibility
➢ Wellhead Protection
➢ Regulated Uses
,
f)e ~i~ tment of Cnmmunit~' I)e v~rlo ~rnenf
P° l
Planning Division • ,
21.50 Shoreline Man.agement &
.Restoration
❖Pet-tnitted, Conditional &Limited Land Uses
❖ General Frovisions
❖ShQreline Substa.ntial Developrtlent Penniti
❖Canditiional. Use Permits & Varianccs
(Policy discussion: no new docks, no new bulkheads,
setback and size and aligrunent of docks)
~
c
'5~~:~~~~~_: nc~iarfinent of Gonimiinity ne~•cinhmenf ~ 4~
jl:~Il.;.`~-*~ - .'Plannin~ Uivisiom
Appendix
❖ sEPA ror..ms 9Envuoninental Checklist
>Assumption of Lcad Agency Stariis
);>Determination of SigniFcance/Scoping
>Det'ermination of NonsignificancE
➢Adpption of Existing Erlvirotunental DocumEnts
9iNotice of Actiotl
❖!'ertinent WAC ProvisiUns
Department of'Comnwoity Uevetopmeat
j~~.,~ Planninfi Division. _ y, - -
Q-uEStions?
Draft Title 21 01-23-2007 Public Hearing Draft 7itle 21 Environ Controls
~
~ . ` Title 21
Environmental Controls
21.10 Authoritv
This chapter implements the environmental goals and policies outlined in Chapter 8 Natural Environment of fhe
Spokane Valley Comprehensive Plan identified as the Shoreline Management & Restoration Program (SMP) and
the State Environmental Policy Act (SEPA). Critical areas identified by this chapter include flood hazard
(floodprone) areas, shorelines, wetlands, flsh and wildlife habitat, geo-hazard areas, and critical aquifer recharge
areas.
21.20 State Environmental Policv Act
21.20.010 Purpose. 7his chapter implements the State Environmental P,olicy Ack (SEPA), 43.21C.120
Revised Code of Washington (RCV) and Chapter 197-11 Washington Admmistrative.Code (WAC).
~r~i~~ :
21.20.020 Designation of Responsible Official. For thase p 3oPosals fo~ wliichdhe City is lead agency,
the responsible official shall be the Community Development Directory Q,Director ):~Tlietr,esponsible official shall
make the threshold determination, supervise scoping and preparationiof,any. requireif environmental impact
statement, and perform any other functions assigned to the lead agericy, ,orjresponsible o~cial_,
21.20.030 Lead A9encY Determination and A9encY ResPonsi6ilities: ~a
s:ti
1. When an application is f led for a nonexempt action or the City initiafes:ie~nonexempt action, the
responsible officiat shall determine the lead agency for that p~oposal pursuant„o WAC 197-11-050 and
197-11-922 through 197-11-940, unless a lead agencji Ma`s been previously~ide,~ ~rfied or the responsible
official is awara that another department or age cyasimtlie pI'o`ce sSAof deter`mi~ g the lead agency.
,r.„
2. I N h e n the ci ty is not the lead a gen c y for a pro posal, all de~ar1[ments~ of.the city shall use and consider as
appropriate efther the determination of nonsignficance o,r.the final,,environmental impact statement of the
f , lead agency in making decisions on the ptopasal:.No city,.departme ~,ttsliall prepare or require preparation
; of a determination of nonsignificance~,o~ enyironmental impact sta4ement in addition to that prepared by
etermines a sp, emental environmental review is
- - the lead agency unless the responsible,official d up
-,i.~• .
necessary under WAC 197-11-600>„~:
3. If the city, or any of its department`s, receives a lead agenc,~ y determination made by another agency that
appears inconsistenfwith.the criteria'of~b11AC 197-11-922 through 197-11-940, it may object to the
determinatio~;;,Any,'o`bjection~nust be made to the agency originally making the determination or the city
must petition,the Department~of~Ecology for,a,lead agency determinaUon under WAC 197-11-946 within
the 15tda"time period. Any such;p etition on115e1-~aif of the city shall be initiated by the responsible official.
4. 7Wresponsible official is authorized.to make agreements as to lead agency sfatus or shared lead
age,-nc'y's, duties for a proposal underiWAC 197-11-942 and 197-11-944.
5. The 'responsible official shall require sufficient information from the applicant to ideniity other agencies
Y F
Yon,
withjurisdicti:l.
v ~ • ' , . ~r
21.20.040 Categorical Exemptions. Categorical exemptions are set forth in WAC 197-11-800.
1. Application. If:"a proposaFfrts within any of the exemptions set forth in this section the proposal shall be
categorically exempt-frorii.the threshold determinaiion requirements of WAC 197-11-720, except as
follows:
a. The proposal includes an activity thet is not exempt under WAC 197-11-908 (critical areas); or
b. The proposal is a segment of a proposal that includes a series of actions, physically or
functionally related to each other, some of which are categorically exempt and some of which
. are not; or c. The proposal includes, or is a part of, a series of exempt actions that are physically or
functionally related to each other and that together may have a probable significant adverse
impact in the judgment of an agency tvith jurisdiction.
~ 2. Flexible Thresholds. The City adopts the following exempt levels for new constructian pursuant to WAC
197-11-800 (1) (c).
Page 1 of 57
P:1Communfty DevelopmerrtNPlenning Corrznziss1on12007 MeetingslPublie Heaeng Drafl Title 21 Enviran CoMrols.dac
Draft Titie 21 01-23-2007 Public Hearing Draft Title 21 Environ Controls
a. For residential dwelling units, up to twenty (20) dwelling units'.
b. For agricultural structures: up to twenty thousand (20,000) square feet.
c. Far office, school, commercial, recreational, service or storage buildings; up to twelve thouaand
(12,000) square feet of gross floflr area and with associated parking facilities designed for up to
forty (40) parking spaces.
d. For parking lots: up to forty (40) parking spaces,
e. For landfills and excavations: up to five hundred (500) cubic yards.
3. Procedure. The agency or applic:ant may proceed with the exempt aspects of a proposal prior to
conducting environmental review of the non exempt aspects of a propasal provided that the
. requirements of WAC 197-11-070 are met.
dr~ r Ll u n 4. Written findings. The lead agency is not required to document1that a proposal is categorical{y exempt,
1 II
however, the lead agency may note on an application that, aL ',apYroposab,ishcategorically exempt or place
such a determination in the agency's fles. S~ ~r;~. ~~';{t~ j i
21.20.050 Environmental Checklist. 13 ~1'\1•
7~
A completed environmental checklist shall be fled prior to or at the sanie.t~me,as an application~for;a`permit,
license, certifcate, or other approval not categorically exempt. A checklist is'-not!'needed if the Gity'and the
applicant agree an EIS is required, SEPA compliance has been completed, o~ SEPA compliance has been
initiated by another agency.
r'n ,'i I a ~
~ .p 1. 11 4, t . y ~ ~ d .
1. This checklist has been madifed pursuant 4o WACI 19T=11-960 and shall be in the form identified in SVMC
21.20.150 1) 1.~ty' 3~`f I`,. ~a~
L,i i-i,4r'i; .
~
2. For private proposals, ihe City will require the appl^cant to,completerthe enviranmental checklist. For public
proposals, the department initiating the propos'al~shall complefe the;env'ironmental checklist for that
proposal. During the review of the envir,onmenti~l checklist, the staff;will review and if necessary retum the `
t "checklist to the applicant for revisions~andlor additional informatio`na City staff may also make minor
~
changes or additions to the environmental checklist.
3. For projects submitted h nder an appr,'oved! .planned action~'urider WAC 197-11-164 and 168, the City shall
use its existing,environmental checkli'st fo~m or may modify the environmental checklist form as provided
in WAC 197-11-'3,15'~Tlie m'odified envir-onmental checklist form may be prepared and adopted along with,
.
or as parrt of, faplanned actio`,ord~nance, or,developed after the ordinance is adopted. In either case, a
proposed rriodifed environmen~al,checklist f&m: must be sent to the Department of Ecology to allaw at
leastla1thirty day review priorto use.~1~ ~t y,~~
21.20.060~,("(~';~! ;Threshold Determination
{l~ I r.:
A threshold determ~ination is required pursuant to WAC 197-11-310. 1Nithin 90 days of issuing a letter of
completeness for the application and environmental checklist, the responsible official shall either make a
~t: ,n, =r
threshold determinstionfor,,notify the,applicant that a determination of significance is likely and indicate the areas
of likely imRact. Tre applicant may;request that the decision be postponed for an additional thirty (30) days to
allow the responsible offcial td e~raluate mitigation measures praposed by the applicant. The responsible official
shall grant such extension if',requested.
21.20.070 Threshold Determination -Determination of Nonsignificance (DNS)
1. The responsible official may issue a DNS pursuant to WAC 197-11-340 if there will be no probable
significant adverse impacts from a proposal. The lead agency shall prepare and issue a DNS
substantialiy in the form provided in WAC 197-11-970.
2. When a DNS is issued for any of the proposals listed in subsection (a) of this section, the requirements of
this subsection shall be met. The requirements of this subsection do not appty to a DNS issued when thc
optional pNS Process set forth in SVMC 21.20.090 is used,
a. An agency shall not act upon a proposal for fourteen (14) days after the date of issuance of a
DNS if the proposal involves: ,
Page 2 of 57
P:1Communiiy L?evelopmeMlPlanning Comrnissfonl2007 M4eetingslPublic Hearing Draft Ti4te 21 Enviran Gqntrols.doc
Draft Title 21 01-23-2007 Public Hearing Draft Title 21 Environ Controls
i. Another agency with jurisdiction;
ii. Demolition of any structure or facility not exempted by WAC 197-11-800(2)(0 or 197-11-
880;
iii. Issuance of clearing or grading permits not exempted under SVMC 21.20.040;
iv. A DNS under WAC 197-11-350(2), (3) or 197-11-360(4); or
v. An action related to the requirements of the Growth Management Act.
b. The responsible official shall send the DNS and environmental checklist to agencies wifh
jurisdiction, the Department of Ecology, affected tribes, and each local agency or political
subdivision whase public services would be changed as a result of implementation of the
proposal, and shall give notice pursuant to SVMC 21.20.1100'j~;,
c. Any person, affected tribe, or agency may submit comments to the lead agency within fourteen
(14) days of the date of issuance of the DNS.
d. The date of issue for the DNS is the date the DNS is'sent to the Department of Ecofogy and
5 ~~~'l.,f1:1 r v,ifiii
agencies with jurisdiction and is made publicly availsble: ,,r
~4~
e commen pe od p rsua t to WAC 197-11e948.9enct~fusY+`nIy viithin the fo'u~rteen (14) day
f. The responsible official shall reconsider the DNS based on timelyi"coinments and may retain or
modify the DNS or, if the responsible official'determ;nes,that significant adverse impacts are
likely, withdraw the DNS and/or supporting,documer~ts t~When a DNSis;modified, the lead
agency shall send the modified DNS to,agencies with,junsdiction.
3. The lead agency shall withdraw a DNS if:
~
' b S_1~• r°~~ ~t~
; a. There are substantial changestthe proposal`so that the p.roposal is likely to have significant
adverse environmental impacts.1O, or'
b. There is signifcant new iriformation indicating; or.on;`a proposal's probable significant adverse
environmental impacts; o-r j. ,I ~ ~,~.I:
c. 7he DNStwas,procured by misrepresentation or lack of material disclosure; if such DNS resulted
from~actionsIcif an'appGicant, ariy subsequent environmental checklist on the proposal shall be
p.r`ep"ared directly by;the,lead ageiicy; or a consulfant at the expense of the applicant.
4. If the,lead' agency withdraws a DNS;,the lead'agency shall make a new threshold determination and
notify:other agencies with jurisdiction of the withdrawal and new threshold dstefmination. If a DS is
e,i, : 3 9
issued; each agertcy with jurisdictron shall commence action to suspend, modify or revoke any approvals
until thi`e necessary environmental'r~eview has occurred (WAC 197-11-070).
21.20.080 i Tfire1s'hold Determinat on,'~Mitigated Determination of Nonsignificance (MDNS).
c;~iir•
1. l"he responsible offtcial may issue a 11ri7NS based on conditions attached to the praposal by the
responsible official or on,changes to or clarification of the proposal made by the applicant in a manner
consis4ent with VifA,C;197-1~1-350.
`g y .
2. An applicant may request m writing eariy notice of whether a DS is likely under WAC 197-11-350. The
request must:
a. Follawi submission of a complete permit application and environmental checlclist for a nonexempt
proposal for which the department is lead agency; and
b. Precede the agency's actual threshold determination for the proposal.
3. The responsible official ora designee shall respond in writing to ihe request for early notice within
fourteen da/s unless otherwise agreed to. The response shall;
a. Be in writing; and
Page 3 of 57
P:ICommunlty DevetopmentlPlanning GGmmission12007 PAeetingslPublic tiearing Oraft Titbe 21 Envircwi CorHrols.doc
Draft Title 21 01-23-2007 Public Hearing Draft Title 21 Environ Controls
b. State wfiether the City currently considers issuance of a DS likely, and ff so, indicate the general '
or specific area(s) of concern leading the City to consider a DS; and -~c. State that the applicant may change or clarify the proposal to mitigate the indicated impacts,
revising the environmental checklist and/or permit application as necessary to reflect the changes
or clarifications.
4. The City's written response under the subsections above shall not be construed as a DS. In addition,
preliminary discussions of clarifications or changes to a proposal, shall not bind the City to consider the
clarifications or changes in its threshold determination.
5. When an applicant submits a changed or clarified proposal, along with a revised or amended
environmental checklist, the responsible official shall base the threshold determination on the changed or
clarified propasal. ~1,
, ~ 1 .
a. If the responsible offcial indicated specific mitigation measures ~nFth~e'~response to the request for
early notice and the applicant changed or clarified the proposal to,include those specific mitigation
measures, the responsible official shall issue and circulate a DNS'pur'suant to WAC 197-11-
i
340(2). 'Y •
b. If the responsible official indicated areas of concem but did!not indicate specrfc mitigation
measures that would allovy the issuance of a DNS, the~responsible official sFiall make the
threshold determination, issuing a DNS or pS as appropriate:, h,
c. The applicant's proposed mitigation measures (cla~fications, changes.or conditions) must be in
I
~ .i'~a r n'~
writin9 and must be sPecifc. 1"Ii : y~I
t : -
d. Mitigation measures which justify issuce of a mitigafed,l7NS may be incorporated in the DNS
by reference to agency staff reports, studies or otl~e'r'documents,
6. A MDNS is issued either under WAC 197;,11-340(2) requiring a fourteenay comment period unless
otherwise established by agency proceduar,e and public notice pursuant to Section 20.20.130 SVMC, or '
under WAC 197-11-355, which may ~require no additio'n`al comment period beyond the comment period on the notice of application. ~,n~A;;1 ~ w'~~ :1~~' ~I~', ~ -
~
`A'•I', - 7 ~1,~1~~~:;.
7. Mitigation measures incorporated in~the MDNS shall be deemed conditions of approval of the permit
iT ~ V 1 111I ♦
decision and may,:tie; enforc•ed in the same,manner as any term or condition of the permit or enforced in
any mannec;specfically~p~'_scribed by ltie,C
~„•r v b!i .
21.20.090 Optional; DNS Proc4y,ess:, ~ 4
3
1. If the.~}city has a reasonable basis for,determining significant adverse environmental impacts are unlikely, it
,r,
a.:" :0, t t -
mayi use a single integrated com`ment periad to obtain comments on the notice of application and the
likely tti~eshold determination for the,proposal. If this process is used, a second comment period will
rypically~riot be required when the DNS is issued (refer to subsection (4) of this section).
~ ~
2. If the lead agency uses the optiorial DNS process specified in subsection (1) of this section, lhe lead
agency shall=,11 r"•; ,,c' 10t/0, I ,i 4 a. State on!fFie,frst', pag`e of the notice of application that it expects to issue a DNS for the proposal
and that: , c(,':'.'
i. The oPtional DNS process is being used;
ii. 7his may be the only opportunity to comment on the environmental impacts of fhe
proposal;
iii. 7he proposal may include mitigation measures under applicable codes, and the project
review process may incorporate or require mitigation measures regardless of whether an
EIS is prepared; and •
iv. A copy of the subsequent threshold determination for the specific proposal may be
obtained upon request. In addition, the lead agency may choose to maintain a general
mailing list for threshold determination distribution.
Page 4 of 57
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. _
b. List in the notice of application the conditions being considered to mitigate environmental impacts,
if a MDNS is expected. c. Comply with the requirements for a notice of application in SVMC 17.40 and public notice in
SVMC 21.20.110(1).
d. Send the notice of application and environmental checklist to:
i. Agencies with jurisdiction, the Department of Ecology, affect tribes, and each local
agency or political subdivision whose public services would be changed as a result of
implementation of the proposal; and
J. Anyone requesting a copy of the environmental checklist for the specific proposal.
~
3. !f the lead agency indicates on the notice of application that a DNS is likely: anragency with jurisdiction
d.;.~ ~a•
may assume lead agency status during the comment period on tlSe noticerof~application pursuant to WAC
197-11-948.
4. The responsible official shall consider timely comments on he'notice,of applicatioV and take one of the
fallowing actions:
a. I s s ue a D N S or M D N S wi t h no commen t perio d using t he proce dures in sub`section1(5) of this
section;
b. Issue a DNS or MDNS with a comment period using the proceclujes~in subsection (5) of this
section, if the lead agency determines a corr~ment~period is necessary;
c. Issue a DS~ or
~
d. Require additional information or studief~s~;pCl/'
.~rior to makmg~athreshold determination.
1f' 'Pl
5. If a DNS or mitigated DNS is issued under su6'se6xion (dj('1)'of this; ,section, the lead agency shall send a
r
copy of the DNS or mitigated DNS toAtb6I7epartment of Ecology, 4agenci.es with jurisdiction, those who
. commented, and anyone ret{uesting a copy. A copy oftlie environ.mental checklist need not be
recirculated. ~
"
61 . d
. r-, ( k~ i~.~ d i~Y^d
" :1 i r ; ~
21.20.100 Threshold Determinaon!' Determination otSignificance (DS)
~a..
If the responsible of~icial determi.
~nes that a proposaltimay have a probable significant adverse environmental
impact, the responsitile o~eial shallfp~epare anb'issue a determination of significance (DS) substantially in the
form substantially;in the form providecl ~in WAC 197.11'~980. The DS shall contain the information as set forth in
c
WAC 197-11 3606~An environmenfal impact statement,shall be prepared for projects for which a DS threshold
determination,';has been issued consistent %"-rith the appropriate sections of this Tftle and referenced se~ctions of the
WAC. .
21.20.110 t~ r Environmenta! lmpact Sta"lement.
y7
An environmental;Ympact statement (EzS)}is required for project and nonproject actions that may have a significant
adverse impact on tlie environmentasimore specifically set forth in WAC 197-11-330 and shall be prepared
pursuant to WAC 197=1;1;=400 throug~h'460.
1~1 ii,T, t
21.20.120 Environrri tal-lmpact Statement - Preparation.
1. Any person, firm, or corporation assisting in the preparation of an E!S for prnrate projects shall have
expertise and experience in preparing environmental impact statements and shall be approvett in writing
by the responsible official before participating in the EIS process.
2. Preparation of environmental impact statements, supplemenfal environmental impact statements, and
other environmental documentation shall be under the direction of the responsible official. The documents
may be prepared by the city staff, or by a consultant approved and directed by the City, however afl costs
invofved in the preparation of an EIS sha(I be borne by fhe applicant. The respansible official shall notify
the applicant of the City's procedure for preparation, and distribution of the draft and final environmental
impact statement.
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~
3. The City may require an applicant to provide information the City does not possess, including specific
investigations relating to elements of the environment, if such information is required under this chapter or
another statute or ordinance.
4. Before the city issues a preliminary or final environmental impact statement; the responsible official shall
be satisfied that it complies with this chapter and Chapter 197-11 WAC.
5. The City may create and maintain an EIS list of Qualified Consultants to assist +n detefmining the
expertise and experience of consultants using, but not limited to, the follawing procQdures:
a. Annually or biannually placing a legal notice in a newspaper of local circulation requesting
statement of qualifications (SOQ) from qualified consultants.
b. The City vrill review the SOQs and require interested consultants to submit an application
package to be place on the list. i.,
~ri~ ~„r.1
c. The City will review the submitted materials and place those consultants who are determined to
meet the rninimum qualifications on the list. Those qualification,s include; but are not limited to:
1
- i. Possessing a thorough and comprehensive knowledge of the p'rocedural and substantive
requirements of SEPA and related regulations; and1 ~ `~'l~~•,,, ~q";,~.
~
1,lp,r.i'~* Y_.i,,,~
ii. Possessing adequate technical and administratiVe'.capacity to produce EIS'documents
and/or associated technical documents. . 6. The table of contents shall include a list of elements of t
.ije`environment as sef forth in WAC 197-11-444,
::n. et, ~
indicating those elements or portions of elements tFiat.do not ~nv,olve significant.,adverse impacts;
~7. The City may include, at its discretion, in an E§ ~oY'its appendix; th.e,analysis of any impact relevant fo the
City's decision, whether or not the impact is an{enwronmental`one~T 'is'inclusion of such analysis may or
: .
may not be based upon comments recEived dunng the.scoping process;.;,tThe provision for combining
dacuments may be used as set forth in,W11AC 197-110`.` The EIS shall comply with the formatting
~ ;{'1'1~~
~,-500. Theydecision whether to include such .
requirements of WAC 197-11A00 through WAC 1971;
information and the adequacy of any, such additional~analysis+sliall not be used in determining whether an
EIS meets the repuirements of SERA:
8. If the City chooses to include a cost/15-e6efit analysis in an EIS, such analysis shall be consistent vrith
WAC 197-11.-450.~'
~Jyll~,l1~.
~ f 4 L-•
21.20.130 ~Commenting. TFie rules~forcons"ulting; commenting, and responding on all environmental documents under~SEPA, including rule`s~~for public noti,ce~and hearings are set forth belrnv as well as in WAC 197-
11-500 through t
.;r,
e,~the City shall integrate the public notice requirement of this section
1. Public`notice. Whenever pflssibl ~ -
witfi~ ,ezisting notice procedures for;tiie City's nonexempt permit(s) or approval(s) required for the
proposal'r~When the City issues a.DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3),
the City sliall give public notice .as,follows:
. I 9 ~ il ;,v
a. If public otice is requi~ed for a nonexempt license by other regulations, that notice~ shall state
whethe`r a DS;or,DNS has been issued and when comments are due.
v F.,
b. If an environm~ental document is issued concurrently ~vith the Notice of Application, the public
notice requirements as set forth in Title 17 of the SVMC will suffice to meet the public notice
requirements in WAC 197-11-510(1).
c. If no public notice is otherwise required for the peRnit or approval, the lead agency shall give
notice of the DNS or DS as provided for in WAC 197-11-510 and locally adopted rules and
regulations.
d. If a DNS is issued using the Optional DNS process, the public notice requirements for a notice of
application as set foRh in Title 17 of the SVMC as supplemented by the requirements in WAC
197-11-355, will suffice to me2t the public notice requirements in WAC 197-11-510(1)(b).
e. Whenever the Cify issues a DEIS under WAC 197-11-455(5) or an SEIS under INAC 197-11-620, ,
notice of the availability of these documents shall be given by the following: '
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i. Indicating the availabiliry of the DEIS in any public notice required for the nonexempt
license subsequently published after the issuance of the DE(S and prior to the first public
hearing regarding a nonexempt license.
ii. Selecting one or more of the following notification methods:
1) Pasting the property for site specific proposals pursuant to the administrative
procedures for the undertying action;
2) Publishing a legal notice in a newspaper of general circulation;
3) Notifying public or private groups, which have expressed an interest in a certain
proposal, or in the type of proposal being considered;
4) Notifying the news media;
. 5) Placing notices in appropriate regional;.7
. eighborhaod;~ ethnic, or trade joumals;
6) Pubiishing natice in newsletters and/or.`sending notice to,agency mailing lists
(either general lists or lists for specfic~propos'als for subject areas).
f. The City may require an appticant to complete the publietnot ~ requirements ,for the?Proposal at
his or her expense or otherwise may charge a fee su~ii'cieM to cover the lead agency's entire cost
of ineeting the public notice requirements.
2. Response to a Consultation Request. The director of the-ldepartment with appropriate expertise shall be
Q'-"i'•~ `i':",.
responsible for preparation of written comments fo,.an',agen5cy1,in response toa'~consulfation request prior
to a threshold determination, participstion in sco,ping;',and reviewing DEIS in a manner consistent with
WAC 197-11-550.
,4
i!` `''i!?t 1
21.20.140 Using Existing Environmental Docu,ments. r~
~
~ •F ,
~ E.xisting environmental documents prepared unde~ SEPA'or th'e N tional ~nvironmentsl Policy Act (NEPA) may
\ ! r ' ~ J'V 'P RY i
be used for an agency's awn environmental compliance in a manner consistent ~vith WAC 197-11-164 fhrough
172 and WAC 197-11-600 through 640. ~ i`
,i,~ ;'JI
`'i I.;
21.20.154 SEPA Agency Decisio@ns,`Coi
,nditions, and Appeal§.
1. SEPA decisions-to mitigate,anticipated~ pacts or deny proposals shall be made in a manner consistent
with WAC~97-1,1f650.and;660:e City.,;in'~making its determination shall consider re(evant
environmental dacuments; aftematives, and;mitigation measures as set forth in WAC 197-11-655.
I
J4-. ,
2: The~Ciry~may attach conditionsco a permit ar approval for a proposal so long as:
a;~tSuch conditions are necessary to mitigate specific probable adverse environmental impacts identifed
~ t ' , n1
int~environmental dacuments prepared with regard to the license;
b. Sueh conditions are in writing; . ; •,;7, ~ , }
~.,~_',y i.y!y
c. The mitigation„measures;included in such conditions are reasonable and capable of being
accomplish'ec1;,~ r/,5T i~„'.,
d. The City has conside~ed whether ather lacal, state or fzderal mitigation measures applied to the
proposal are sufficrent to mitigate the identified impacts; and
e. Such conditions are based on one or more policies in subsection 3 of this section and cited in the
license or ather decision document. '
3. The City may deny a permit or approval for a proposal on the basis of SEPA provided that:
a. A finding is made that approving the proposal would result in probable significant adverse
environmental impacts that are identified in a Final Environmental Impact Stafement (FEIS) or final
Supplemental Environmental Impact Statement (SEIS) prepared pursuant to the ordinance codified in
this chapter; 'and
b. A fnding is made that there are no reasonable mitigation measures capable of being accomplished
i that are sufficient to mitigate the identified impact; and
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c. The denial is based on one or more policies identified in section 2120.130 (4) and identifieti in writing • ;
in the decision document.
4. . Pursuant to RCW 43.21.060 and WAC 197-11-060(a) and 197-11-902 the City adopts the following
policies as the basis for fhe imposition of mitigating conditions as set forth in this Chapter.
a. The City shall use all practicable means consistent with other essential considerations of state
policy to improve and coordinate plans, functions, programs and resources to the end that the
State and its cit¢ens may:
i. fulfill the responsibilities of each generation as trustee of the environment for succeeding
generations;
ii. assure for all people of Washington safe, healthful, pr6ductive and aesthetically and
culturaliy pleasing surroundings;
_ ~
~m`ent,w"ithout degradation, risk to .
- iii. attain the widest range of beneficial uses of the"~environ,~
. 1 110 a r .i ~ .
healtfi or safety, or other undesirable and unintended c6n"sequences;
A!~~'
iv. preserve important historic, cultural and naturail aspects of our'national heritage;
i~.y~~' U!'',k,
v. maintain, wherever possible, an environment wh ch~supports divers~ty'iand,.,vanety of
individual choice;
1
vi. achieve a balance between population and resource use.,which will permit high standards
of living and a wide sharing of life's amenities;~and ~~fi
,_~1;~'~k'
vii. enhance the quality of renewable~'rflesources iand,approach thefi, maximum attainable
s,.I ; , !I<<I c~
recycling of depletable resources:; A J, -L ;1
r1, t
,r
b. The City recognizes that each person~li'as,h,a fundamental and;maUenable right to a healthful
i E., , , 3
environment and that each pe`son`has\a~,responsibility to contnbute to the presenration and
enhancement of the environmenti.~
5. 7he City, for the purposes of RCW 43~1 C.060 and 1NAG,197,;1,1-f60(a), adopts by referenc~e the policies, -
ptans, rules, and regulations, andall'amendments th~`i'eto, identified in Appendix D. Appendix D is
A,j ~
adopted and may be amended by thetCity~pursuant to 1NA6Y1;97-11-902.
.
6. Except for perrriits and-1v,anance~s issued pursuant to RCW Chapter 90.58 (the Washington State
5horelines. Management Act) and~rules proQgated thereto, appeals of decisions or actions conditioned
or denied`on the basis of SEPAa by a non elected''official shall be appealable in accordance with SVMC
21.20.160 :I; r,4I,~J Definitions. Uniform usage~and defnitions of terms under SEPA are set forth in WAC 197-11-
700 throug~tij792~',~ ~
21.20.170 ~ Forms. The city adopts tlie~following forms attached as Appendix 21A for use in carrying out the
,~r r•~ r;,I
local SEPA proce'du ~es:~,~
a,.
~
1. Environmental chec~Clist; .r~:~ i-
~
2. Notice of Assum!ption, o'f.'l ,Le ::.ad Agency Status;
3. Determination of Significance and Scoping Notice (DS);
4. Determination of Nonsignifcance (ONS);
5. Adoption notice;
6. Notice of Action.
;
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' 21.30 Floodulain Reaulations
21.30.010 Purpose and Applicability
1. The provisions of this chapter shall apply to all areas of special flood hazards within the jurisdiction of
Spokane Valley, Washington, and shall be administered in conformance with the National Fload Insurance
Act, as amended (codified in CFR 60) and A summary of NFIP Policy (or Loca! Officials, FEMA Region 10
Mitigation Division, July 2001.
21.30.020 Definitions
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them
the meaning they have in common usage and to give this ordinance its most reasonable application.
Appeal means a request for a review of the interpretation of any provision`of~this ordinance or a r2quest for a
variance.
Area of Shallow Floodina means a designated AO or AH Zone on•yth'e FloodIlnsurance Raie Map (FIRM) and
which has the following characteristics: `~::,1, T~ i~
a. The base flood depths range from one to three feet;
b. A clearfy defined channel does not exist;
~y
c. The path of flooding is unpredictable and indeterminate; and;+:
d. Velocity flow may be evident. 4{;•, ~
4•~,, t;~ .,I ~
AO is characterized as sheet flaw and AH indicates poriding and mcludes a base flood'elevation.
d"b.~:~
Area of Soecial Flood Hazard means the land in the.,flood plain %.v~hin a community subject to a one percent or
grcater chance of flooding in any given year. Designation on,maps ahvays includes fhe letters A or V.
~ of,being equaled or exceeded in any given year.
/ Base Flood means the flood havin9 a one• Percedt;chanc
Also referred to as the °100-year flood.° Designation on maps always includes the letters A or V.
Basement means any area of the building;Fiaving its floor sub~Lgtad"e (belrnv ground level) on all sides.
Breakawav Wall means a.wall that is not. Pait of the structural support of the building and is intended through its
design and constructionyto', collap,se unde`i,specfic lateral loading forces, w+ithout causing damage to the
elevated portion ofithe b~uilding;or s,"upporting fou;ndation system.
.s,, , .:t
Ld' •'I.Lu(Z4 . ,i ~Is~
Critical Facilitv Figeans a facility for which even a sl`ght chance of flooding might be too great. Critical facilities
include, b.uti,are not limited to sctiools~ nursing homes, hospitals, police, fre and emergency r'esponse
installationsg installations +~~hich produce;_ use or store hazardous materials or hazardous waste.
~''~i1.7 '~i~,,
. Cumulative° 'Substantial Damaoe means tflood-related damages sustained by a structure on two separate
occasions d'u"ring~''aN 10-year period forpiwtiich the cost of repairs at the time of each such flood event, on the
average, equals~on exceeds 25 percent of the market value of the structure before the damage occurrcd.
i'O
Develonment means?any,,man-~ade change to improved or unimproved real estate, including but not limited to
buildings or other structures,~tmming, dredging, filling, grading, paving, excavation or drilling operations or
at.. = . .al- W
storage of equipment or matens located within the area of special flood hazard.
I r~ a!~~
Elevated Buildinq means for'insurance purposes, a non-basement building which has its lowest elevated floor
raised above ground level by foundation wafls, shear walls, post, piers, pilings, or columns.
Elevation CeRificate means the official form (FEMA Form 81-31) used to track development, provide elevation .
information necessary to ensure compliance wifh community floodplain management ordinances, and
determine the proper insurance premium rate with SECkion B completed by Community Officfals.
Existinp Manufactured Hame Park or Subdivision means a manufactured home parfc or subdivision for which
the construction of facilities for servicing the lots on which the manufactured homes are to be afifixed (including,
at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring
of concrete pads) is completed before the effective date of the adopted flaodplain management regulations.
Page 9 of 57
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Expansion to an existinq Manufactured Mame Park or Subdivision means the preparation of additional sites by
the cflnstruction of facilifies for servicing the lots on which the manufactured homes are to be affixed (including
the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete
pads).
Flood or Floodin4 means a general and ternporary condition of partial or complete inundation of normally dry
land areas from:
a. The overflow of inland or tidal waters andlor
b. The unusual and rapid accumulation of runoff of surface waters from any source.
Flood Insurance Rate Mao (FIRM) means the official map on which the Federal Insurance Administration has
delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
l,': ,k~~• ;y,.
Flood Insurance Studv (FIS) means the official report provided by~the Federal Insurance Administration that
includes flood profiles, the Flood Boundary-Fload~vay Map, and the ~nrater suriace elevation of the base flood.
f ~1~ ~r a ~v !1 Flood Storaae Area means floodplain areas designated on the ~F~IRM where the;,storage and infiltration of
a 1 l, ~.,:c.=.
floodwater has been taken into account in reducing flood dischargesi!,.,$torage areasi may include filoodwater
conveyance or floodway characteristics.
~{x~::'.i,#,~,
Floodwav means the channel of a river or other watercourse and ttie adja;cent land areas tfiat must be reserved
in order to discharge the aase flood without cumulatively increasing the viater surface elevation more fhan one
foot. f,~'
Infiltration means the infiltration of floodwater into the ground:f~h`icfi~may be taken~into'account in reducing flood
~ ~ . . `v .,l
discharges.
~a,~✓ J~i~.r'~,i~t~~s.
Lowest Floor means the lowest Floor of the lowest enclosed area~(including~basement). An unfinished or fload
resistant enclosure, usable sokely for parking of vehicles, build~ng accessSor;storage, in an area other than a
basement area, is not considered a building~s lawe'stflaorlprovided~~liasuch enclosure is equipped with ,
adequate flood-ventilation openings specifedlin 21.30.060'{3.a.u of this fitle. -
.
~.1 .~Manufactured Home means a structure;~.~.transportable in onelor;more sections, which is built on a permanent
t~;t:' uJi~1 r•>~a''
chassis and is designed for use with or,w ithout a permanent;foundation when attached to the required utilities.
The term "manufactured home".~does not in`''clude, a"recreational vehicle.°
a'~N4.~.11.
Manufactured Homei 1Fark or, Subdivision means~a, parcel (or contiguous parcels) of land divided into hvo or
more manufacitui6d liome lots for, ehtior sale.y
,t,i:tio' 1V\ ti-~
New Construcn means struccures'for: wfiich the start of construction" commenced on or after the effective
date of tfiis;'ordinance. ~~`y.,'~'•
New Manufactured Home Perk or SubAd~ivision means a manufactured home park or subdivision for which the
construction' of fac~lities for servicing the~lots on which the manufactured homes are to be affrxed (including at a
minimum, therinstallation of utilities,,tfie construction of streets, and either final site grading or the pouring of
concrete pads),i`s"completed on or,. aft ~er the effective date of adopted floodplain management regulations.
1 ~
~ ~f, .
a
Recreational Vehicle'means~ a,vehicle which is:
Q a~
a. Built on a smg~ }r hassis;
b. 400 square feet or less tvhen measured at the largest horizontal projection;
c. pesigned to be self-propelled or perrnanently towable by a light duty truck; and
d. Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
. Start of Construction includes substantial improvement, and means the date the building permit was issued, .
provided the actual start of construction, repair, reconstruction, placement or ather improvement was within 180
days of the permit date. The actual start means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns,
or any work beyond the stage of excavation; or the placement of a manufactured hame on a foundation.
~
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.
. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it
include the installation of streets and/or walkways; nor does it include excavation for a aasement, footings,
piers, or foundafions or the erection of temporary forms; nor does k include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling,
floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the
building.
Structure means a walled and roofed buikding including a gas or liquid storage tank that is principally above
ground.
Substantial Damaqe means damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before damaged condition would equal or exceed 50 percent'of the market va(ue of the structure
before the damage occuRed.
Substantial ImDrovement means any repair, reconstruction, or improvementlofla;structure the cost of which
equafs or exceeds 50 percent of the market value of the structure.!either. A, ;1~E~
a. Before the improvement or repair is started-, or
.i~
b. If the stnucture has been damaged and is being restored;~before the dama,ge ocxurred. For the
purposes of tfiis definition °substantial improveme'n~, is,1co'nsidered to o~ccur~when the frst
afteration of any wall, ceiling, floor, or other structural part of thebuilding commences, whefher or
~
~,d
not that alteration affects the extemal dimensions of.the structure.t
Cr' iil,;~ ry ~
The term does nat, however, include either.
a. An ;
y project for improvement of a structure to co~ecff exisfing viofations of state or local heatth,
sanitary, or safety cade specifrc~ations which have b~en ~dentied by the local code enforcement
r,:-'rr
official and which are the minimum necessary to assure safe living conditions, or
l~ r1'I11''
b. ~lny alteration af a structure lisfed on tFie National Register,of Historic Alaces or a State lnventory
- of Historic Places. . ;~i
Variance means a grant of relief fromt~tFie.'specifc requirements,oflthis chapter which permits construction in a
manner that would otheRVise be prohibit'edtr 'l~
^r ~g ~ ~ ~ `f yti .~SI ~3
Water Dependent mr~ans,^;a structure for camitterce or industry which cannot exist in any other location and is
dependent on thetwater`by re6son~of the intrinsic nature of its operations.
..~,j~Y, 1 .1„ '.-~~;~ti
21.30.020 Basis for EstablisNing'Areas of Special Flood Hazard
, ~~K .~;T ~ i-~
The areas"of,~special flood hazard ident~fied by the Federal Insurance Administrat+on in a scientific and
engineering,report entitied °l'he Flaod Insui'ance Study Spokane County" dated May 17, 1988, and any revisions
thereto, witli an accompanying Flood Insu'cance Rate Map (FIRM), and any revisions thereto, are hereby adapted
by reference ancl ~d'eclared to be a part ol, fhis ordinance. The Flood Insurance Study and the FIRM are on file at
the office of the Spokane Valley Floodplain'Administrator.
21.30.030 Compl~ ia;nce 8~ En#o~cement
' i9..~✓
No structure or land stiall; , hereafter be constructed, located, extended, converted, or altered without full
:
compliance with the terms of~ this chapter. Enforcement procedures for violations of this chapter shall be in
conformance with SVUDC 17.60.
21.30.035 Abrogatlon and Greater Restrictions
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this ordinance and another ordinance, easement, covenant, ar deed restrictipn
conflict or overlap, whichever imposes the more stringent restrictions shall prevaif.
• 21.30.040 Interpretation
In the interpretation and application of this ordinance, all provisions shall be:
1. Considered as minimum requirements;
Pags 11 of 57
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2. Liberally construed in favor of the goveming body; and,
3. Deemed neither to limit nor repeal any ather powers granted under State statutes.
21.30.045 Warning & Disclaimer of Liability
The degree of flood profection required by this ordinance is considered reasonable for regulatory purposes and is
based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flaod
heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the
areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.
This ordinance shall not create liability on the part of the City of Spokane Valley, any officer or employee thereof,
or the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made hereunder.
21.30.050. Administration
E: . 1 •,f ~ 7 a ,~3'
1. - Development Pennit Required: A development permit,~shall be obt'ain,ed bsfore construction or
development begins within any area of special flood hazard es{ablished in thi5-chapter. The permit shall
u nt ~~L;'~
be for all structures including manufactured homes, as ise~t~, (ohh~jvin tlie~_~Defnitions,° and for all
development including fll and other activities, also as set fortH;,in the "Defnitions~Z; .
`;I 1.
2. Application for Development Permrt: Application for a devel~opment,~permit shall, bej, 4na~e on forms
fumished by the City and may include, but not be limited to, pl'ans m duplf~cate drawn io scale sho~ving the
nature, location, dimensions, and elevations of the area in question; ezisting or proposed structures, fill,
,'!:..n ~ 1
cat~o~ l of t~he foreg'lot,'in7g,) Specifically, the following
storage of materials, drainage facilities, and the lo y
information is required:
.
a. Elevation in relation to mean sea level,oof the Irnvest~fio,orI(~ncluding basement) of all structures
rth,Section B completed by the local
recorded on a current elevation certificate (FF 81=31) w r
„ „
OffiCI2l; d9;~• 7 t1J'~~Z7;,✓
I .
b. Elevation in relation to meanAea Jevel~o which;any struckuYe has been flood-proofed;
c. Certification by a registe,red professional eng neer~orti~~fiitect that the flood-proofing methods for
any nonresidential strucfure~meet the flood-proofingcntena in 21.30.060.3.b. and
d. Description-Iilof, the ~extent tb`.virhich a watercourse will be attered or relocated as a result of
proPoFsed 'd'eve,lopmeqnt
~•%y`-..~.t.t
3. Designati_on;of the Local Ad,mi,nistrator. T~ie,Community Development Director is hereby designated ss
Floodplain;Administrator and°a~Pointed to ad'minister and implement this chapter by granting or denying .
devel'`pment pennit applications irr accordance with its provisions.
) ' K' 1'~
4. D ties"snd Responsibilities of the Local Administrator shall include, but not be limited to:
1 i,
a~.velopment petmits to determine that the permit requirements of this ordinance have
~ Review all de
beerr satisfied. k-r
•ti ~ ~ . n; I„1
b. Review~ all' develo~ment- permits to determine that all necessary permits have been obtained from
those Federal, State;>'or local governmental agencies from which prior approval is required.
c. Review ,allt~devel p ent permits to ctetermine if the proposed development is located in the
floodway. Iflocated in the floodway, assure that the encroachment pravisions of 21.30.060.f. are
met.
d. When base flood elevation data has not been provided (A and V Zones) in accordance with
SVMC 21.30.020 Basis for Establishing the Areas of Special Fload Hazard, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway
data available from a Federal, State or other source, in order to administer Sections 21.30.080.3.
Speciic Standards, and 21.30.060.f. Floodways. .
e. Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or
required as in subsection d above, the actual elevation (in relation to mean sea level) of the
Irnvest floor (including basement) of all new or substantially improved structures, and whethsr or
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not the structure oontains a basement shall be recorded on a current elevation certificate.(FF 81-
31) with Section B completed by the local administrator.
f. For all new or substantialty improved flaod-proofed structures where base flood elevation data is
provided through the Flood Insurance Study, FIRM, or as required in subsection d. above, the
local administratorshall:
i. Obtain and record the elevation (in relation to mean sea level) to which the structure was
flood-proofed and
ii. Maintain the flaod-proofing certifications required in 21.30.050 section 2c. above.
iii. Maintain for public inspection all records pertaining to the provisions of this chapter.
g. The local administrator shall A
J.~
i. Notify adjacent communities and the Departme~nt of` Ecolagy prior to any alteration or
relocation of a wetercourse, and submit e~id'ence of-suclil'notification to the Federal
InsuranceAdministration.
' , •t. U~ i ~ :J t~ ^ ~rh
ii. Require that maintenance is provided within;,the~altered ar relocated portion of said
watercourse so that the flood carrying capacity; is_notLdiminished. Iij
h. The local administrator shall make interpretations where'!needecl, as to exact'location of the
vU+ r~
boundaries of the areas of special flood hazards (for example; ~where there appears to be a
conflict between a mapped boundary and acfual "feld conditions)_ ,'The person contesting the
interpretation of the Flaodplain Administ'rator~in,~ relation to tlie~b-oundary shall be given a
reasonable opportunity to appeal pursuant to the procedures outlined in'~'SVMC 17.50 Appeals.
.
~i. The local administrator is expressly af,uthorized tolre,.quire'*",co~~mpliance with all federal and state
_ permit requirements, and may require~3Lette,r;sy' of Mapj`Amend'ment (LOMA) and Conditional
f``•, Letters of Map Revision (CLOMR), particularly'Awhere a proposal identifies a floodplain lacation
~ that is different from that set foith.,on the official, FIRM.
21.30.055 Variances ~ y f;;' r
1. Decision on variances.
1'};1~n ~ . • :~1..
r'ed•Hearing Ezammer shall hear and decide requests for variances from the
a. The,duly,~apqoint7
requirements of this section foll`owing:notice of not less than fifteen (15) days and public hearing.
-Th'e~contents of th;~appeal shall bei'as'set forth in SVMC 17.50_040. Appeal procedures shall be
Vasset forth in SVMC 17,.50,060. The'decision or determination of the Hearing Examiner shall be
fnal unless appealed pur'suant to RCW 36J0C.
1 ~~44L ~I1
passing upon such applicaUons, the Hearing Examiner shall consider all technical evaluations,
l+~ ;all; relevant factors, stand'ards specified in other sections of this ordinance, and:
The danger thathiaterials may be swept onto other lands to the injury of others;
ii Therdangec toPlife and property due to floading or erosion damage;
~D ,'f;;~•~'~.
iii. The.suscepUbility of the proposed facility and its contents to flood damage and the effect
- of suchmage on the individual rnvner;
iv. The importance of the services provided by the proposed facility to the community;
v. The necessity to the facility of a w:aterfront location, where applicable;
vi. The availability of altemative locations for the proposed use which are not subject to
flooding or erosion damage;
vii. The compatibility of the proposed use with existing and anticipated development;
viii. The relationship of the proposed use to fhe comprehensive plan and flood plain
management program for that area;
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ix. 7he safety of access to the property in times of flaod for ordinary and emergency ~vehicles; x. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood
waters and the effects of wave action, if applicable, expected at the site; and,
xi. The costs of providing governmen4al services during and after flood conditions, including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and
water systems, and streets and bridges.
c. Upon consideration of the factors and the purposes of this ordinance, the Hearing Examiner may
attach such conditions to the granting of variances as it deems necessary to further the purposes
of this chapter. The City shall maintain the records of all appeal actions and repert any variances
to the Federal Insurance Administration upon request_ il'" ,47j
2. Conditions forVariances
a. Generalty, the only condition under which a variance-from the;elevation.standard may be issued
? 6- r ;4' ~L➢~
tcted'
1on~a~lot of one-half acre or
is for new construction and substantial improvemeC~ntsL:to beere.
less in size contiguous to and surrounded by lots with,existing structures,constructed belowi the
base Plaod level, providing items (i-xi) in Section 21.301055:1.a. have been~,fully ~nsidered. As
the lot size increases the technical justification requir~ed,for5i`ssuing the variance~increases.
b. Variances may be issued for the reconstruction, rehabilitatiori ~orjrestoration of structures listed
on the National Register of Historic Places:- or,i.the, State Inventory~ of Historic I'laces, without
regard to the procedures set forth in this se.'ction:-u.'C,z;~,
ri3~'y 1~,~'~r ?l• '~"f
c. Variances shall not be issued within a de'signated fioodwa'y, if any increase in flood levels during
i r
f I y hUw
the base flood discharge would result.t
va ~i ; f `..,yi i~''ii ,~j1'~.~r i.'~i'l{i.~i,;~,
d. Variances shall only be issued upon atdete~ rminabon that the~vanance is the minimum necessary,
considering the flood hazard,ttohafford relief.r
e. Variances shall only be issu-upon:
:
i. A showing of good and,sufficient cause;'pursuant fo SVMC 21.30.055.1.a of this chapter,
~
ii. ,_A,determination that:failure to grant the variance would result in exceptional hardship to
, f r,
r.i,, the applican,t; ta ~
.,,i 1f 7iii. A determiriatio;n ~that the g'ranting of a variance will not resuft in increased flood heights,
f+4,,, ~~,e additional thr`eats „t'o public safety, extraordinary public expense, create nuisances, cause
fraud on or victimiiation of the public, ar conflict with existing local laws or ordinances.
• .'~~'~`~,ti''`
Variances as interpreted in;.the National Flood Insurance Program are based on the general
•zoning law principle that~; th;ey pertain to a physic,al piece of property; they are not personal in
nature and do not pertain, to the structure, its inhabitants, economic or financial circumstances.
g. Variances ,may be,iss~led for nonresidential buildings in very limited circumstances to allow a
lesser-degeeetofkflood-proofing than watertight or dry-flood-proofing, where it can be determined
that such<acUo%will have Irnv damage potential, complies with all other variancE criteria except
21.30.055.2:a; and otherwise complies with Sections 21.30.060 subsections a., b. and c. of the
General Stand"ards.
h. Any applicant to whom a variance is granted shall be given written notice that the struckure will be
permitted to be built with a lowest flaor elevation below the base flood elevation and that the cost
of flood insurance will be commensurate with the increased risk resulting from fhe reduced lowest
floor elevation.
i: Any appeal of a decision or determination af the local adminisfrator is a decision on a 7ype II
. application. An appeal of the decision shall be made pursuant to SVMC 17.50.
21.30.060. Provisions for Flood Hazarci Reduction
1. General Standards
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f. _ .
In all areas of special flood hazards, the following standards are required:
a. Anchoring
i. All nev construction and substantial improvements shall he anchored to prevent
flotatian, collapse, or lateral movement of the structure.
ii. 1Nhere permitted pursuant to Section 5 belaw, all manufactured homes shall be
anchored to prevent flotation, collapse, or lateral movement, and shall be installed using
methods and practices that minimize flood damage. Anchoring methods may include,
but are not limited to, use of over-the-top or frame ties fo ground anchors (Reference
FEMA's "Manufactured Home Installation in Flood Ha2ard Areas" guidebook for
additional techniques).
b. AH Zone Drainage
/•(,'i~~~+ ~r4.t4`~~~7
Adequate drainage paths are required around structures on slopes to, guide floodwaters around
and away from proposed sfructures.
n ~'.7 ~ 1,-r.
c. Construction Materials and Methods ~ f
i. All new construction and substantEal improveme~nts)shall be constn``~cted~ Iwith materials
, ,.)i!.' . V 1 4 <1 ~1•
• and utility equipment resistant to flood dama!jge:sr
' ii. All new construc#ion and substantial improvementstsha,ll'be constructed using methods
and practices that minimize flood damage;~',i-~ y, ~~I
,:1,. ~ ,
iii. Electrical, heating, ventilation,~,, pl~umbing~ ;;,andn air-condifi"~ _ton~n equipment and other
service facilities shall be designed and/or,othenv?se efevated or tocated so as to prevent
water from entering or accumtiiajing within;the components during conditions of flooding.
d. Utilities , ' ~ ~ ,i 31
i. All new and replaeement ~vater supply systems shall be designed to r'ninimize or
eliminate infiltration of flood waters into'the systems;
; ii. The proposed water well shall be located:on high ground that is not in the floodway
j~~,
(WAG173-160-171
y Q.- .,S I , - ;,I fi- ~;3z 1
New~and;,`replacement;sanitary sewage systems shall be designed to minimize or
n k~~yt- eliminatei: mfiltration of flood,waters into the systems and discharges from the systems
into flood waters;=and,
iv. Ort-site waste "disposal systems shall be located to avoid impairment to them or
,14
1's, contamination from'.them during flooding.
e~~,ttubdivision and Other P oposed Developments
i;'.t~+ tl~
is All developm dnt propasals shall be consistent with the need to minimize flood damage;
Yii.i.AlV, subdivi"siori''proposals shall have public utilities and facilities, such as sewer, gas,
ele,ctrical,,~and water systems located and constructed to minimize or eliminate flood
damage;''
iii. All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood damage; and,
iv. Where base flood elevation data has not been provided or is not available from another
authoritative source, if shall be generated by a civil engineer lirensed in the state of
Washington for all short subdivision and subdivision proposals and binding site plans.
v. Pursuant to RCW 58.17.120, no plat shall be approved for any land situated within the
100-year floodplain as provided RCW 86.16 without the prior written approval of the
department of ecology of the.State of Washington.
~ 2. Review of Building Permits
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Where elevation data is not available eiiher through the Flood Insurance Study, FIRM, or from
another authoritative source, applications for building permits shall be reviewed to assure that -
proposed construction will be reasonably safe from flooding. ThE test of reasonableness is the
Floodplain Administrator's judgment and includes, but is not lirnited to use of historical data, high
water marlcs, photographs of past flooding, etc., where available. The Floodplain Administrator may
require the applicant to locate the lowest floor at least two feet above the highest adjacent natural
ground surface. Failure to elevate at least two feet above the highest adjacent natural ground surface
in these zones may result in higher insurance rates.
. 3. Specific Standarcls
In all areas of special flood hazards where base flood elevation data has been provided (Zones A1-
30, AH, and AE) as set forth in 21.30.020, Basis for Establishing the Areas of Special Floodplain
Hazard, or Section 21.30.050.d. relating to use of Other Base Flood~~Qata;, the following provisions are
required:
a. Residential Construction
. i_9''t~,~:~'~~~'
i. New construction and substantial improvement~ofq'any.°•re: s i dentialJ structure shall have the
r:• •1'r'T`
lowest floor, including basement, elevated one foot;i1or more above the~base, flood! elevation. .
~~J„4
ii. Fully enclosed areas belaw the Irnvest floor that are7 subject.~to floading are prohibded, or shall
be designed to automatically equalize hydro static flaod,for'ces on exteriar v~alls by allowing
~,ti r
- for the entry and exit of floadwaters. Designs~for meeting fhIs, requirement must either be
certified by a professional engineer oraarefiiteet~_licensed in fh`e;lstate of Washington or must
meet or exceed the following minimum~cnteria:
. ~
(a) A minimum of two openings~having a~#o~tal~net area of not less than one square inch
for every square foot of enclosed area, subject~,tio fldoding shall be provided.
Q4
(b) The bottom of all+op ~nings`shall i~ o higher{y ~ n one foot above grade. ,
.117
(c) Openings may 'e~~"equipped with'}screens~,i louvers, or other ooverings or devices
provided that_they permit the auto matic entry and exit of floadwaters.
~
b. Non-residential Construction;,'
New - construction; i and su6stantial improvement of any commercial, industrial or other
y
nonresidenti.al-stnict~fre;shall either;have the Irnvest floor, including basement, elevated one foot
r c~ .r,~ : e. f ti,'-,
.or,more above the 6ase~flood elevat~on;.or, together with attendant utility and sanitary facilities,
sha`II:
i'l i" Be flood-proofed so thaY belaw one foot or more above fhe base flaod level the structure is
C•i~'i! ~ ~ i;)
watertight with walls1su~bstantially impermeable to the passage of water,
~U
Have structural components capable of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy`~
iii.4 Be:1 e~rtifled b~yt~ , a~'ipr~ofessional engineer or archiiect licensed in the state of Washington that
i^
the desfgn andb methods of construction are in accordance with accepted standards of
practice,fo~~jiieeting provisions of fhis subsection based on their development andlor review
of the structu'ral design, specifications and plans.
iv. Nonresidential structures that are elevated, not flood-praofed, must meet the same standards
for space below the lawest flaor.
v. Applicants fload-proofing nonresidential buildings shall be notiiied that flood insurance
premiums wifl be based on rates that are- one foot below the flood-proofed level (e.g. a
. building flood-proofed to the base flood level will be rated as one foot below).
c. Manufactured Homes All manufactured homes in the floodplain to be placed or substantially improved shall be elevated on a
permanent foundation such that the lawest floor of the manufactured home is elevated one faot or more above the base flood elevation and shall be securely anchored to a permanent foundation system to ,
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~i resist flotation, collapse and lateral movement; provided however that manufactured homes to be placed
on substantially improved sites in an existing manufactured home park or subdivision which has not
experienced substantial damage as a result of flaoding shall be elevated so that either
i. The bottom of the crawl space of the manufactured home is elevated one foot or
more above the base fload elevation, or
ii. The manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36 inches in height
above grade and be securely anchored to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement.
d. Recreational Vehicles h~
Recreational vehicles placed on sites are required to either:
,r~.'~
i. Be on the site for fewer than 180 consecutivE day's';1~
~'l~~ r ~ •1'^1''' I ~
ii. Be fully licensed and ready for highway use, ontits wheels(or - ~acking,system, is attached to
the site onty by quick disconnect type utilities and secuity davices,~and, has no permanently
attached additions; or ~~'t ~ r7
~S~ ~ tt~~ j~~ < ~ h . ;
e. AE and A1-30 zones with Base Flood Elevations but no Floadways.\
i. In areas where a regulatory floodway has not been tlesignated, no new construction,
substantial improvements, or other devetopmenh (includ ng\ fill)-shall be permitted within
Zones A1-30 and AE on the community"'syFIRM,runless it is demonsYrafed tfiet the cumulative
effect of the proposed development<en combaned~.with all other existing and anticipated
development, will not increase the; water surface eley~v_ation of the base flood more than one
V S~Ilu
foot at any point within the commun Fty. `i.a~~J v ~J~.; ~
tj, ii. In the unnumbered A zones; the developrr~ent may not increase the water surface elevation
~ of the bass flood by more t~'an}one (1) foo}t.'at any poiriti
iii. In the A zones where: tiase flood elevations,have, been provided, but floodways have not
dy. ~
been established, the development may not~increase the surface water elevation of the base
flood by more than one-tent'ti. (1110'") of a foot at any point.
~ ~•jqr ,
i.
iv.^ All',ad.~acen~;or}otfier property,;awners impacted by the development within the floodplain must
give their wnfte6,1,.notarized'apProval for ANY increased base flood elevations upon their
property. QJ
, '4'~, 4J;-r'~ ~ ~ i•
f. A Z'ones with Base Flood Elevations and Floodways Established
In'themoA~zones where base flood'elevations have been provided and floodways have been established,
the dopment msy not increase tFie surface water elevation of the base flood at any point.
`4-f;`
g. Floodways,~
:
Located witfiiin areas,of speclal"flood hazard are areas designated as floodways. Since the floodway is
an extremely Fiazaidous'{a~ea due to the v2locity of floodwaters ovhich carry debris, potential projectiles,
and erosion potantial'; following provisions apply:
i. Prohibit encroachments, including fill, new construction, substantial improvements, and other
development unless certification by a registered professional engineer is provided
demonstrating through hydrologic and hydraulic analyses performed in accordance with
standard engineering practice that the proposed encroachment would not resuft in any
increase in flood levels during fhe occurrence of the base flood discharge.
ii. Construction or reconstruction of residential structures is prohibited writhin designated
floodways, except for (i) repairs, reconstruction, or improvements to a structure vrhich do not
increase the ground floor area; and (ii) repairs, reconstruction or improvements to a structure,
the cost of which does not exceed 50 percent of the market value of the structure either, (A)
( before the repair, or reconstruction is startecl, or (B) if the sfructure has been damaged, and
is being restored, before the damage occurred. Any project for improvement of a structure to
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correct existing violations of state or local health, sanitary, or safety code specifications which
have been identifed by the local code enforcement official and which are the minimum necessary to assure safe living conditions or to structures identified as historic places may_be
included in the 50 percent.
iii. If the provisions of this section are satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of 21.30.060
Provisions for Flood Hazard Reduction,
h. Water Dependent Works
For water-dependent utilities and other installations which by their very nature must be in the flood fringe
and/or floodway (such uses as, but not limited to, roads, bridges, marinas, dams for domestichindustrial
water supply, flood control andlor hydroelectric production; water ~iversion structures and facilities for
water supply,- irrigation, andlor fisheries enhancement; flood.,water+"and ;d ainage pumping plants and
facilities; hydroelectric generaiing facilities and appurtenant si'nicfures;'strucfu'ral and nonstructural flood
' v 4,3 i~~ ~~n,
damage reduction facilities, and stream bank stabilization 'structures,iand; :practices), these provisions
apply: r~.~.r t`4-'i l
' F
i. The applicant shall supply convincing evidence thaV,a,flood fringe and/;ror;,floodway location is
necessary in view of the objectives of the proposasndISprovided fuRher~that;the proposal is
consistent wit.h other provisions of this title and relevant local; state and fede~al regulations.
ii. In all instances of locating utilities and other-installations in fioodway locations, project design
must incorporate ~lood-proofng certified, ~by,.a, p~ofessional civil engineer registered as such by
the State of Washington to be capable of vrithstanding 100-year fl~d flovrs and velocities.
i.;Y~ i ~ 1 i>l s. ~ 'ti
iii. For any works that impound wate~; the appl Jcant shall.,provide documentation of easements, Ill,
flowage rights or ownership of thelimpoundment area, ,and certifcation by a professional civil
engineer registered as suc ~ by the;State oflNashington~th-at the works will cause no increase
in the 100-year flood ele~a: tion outsideAhe impoundment areas and that the worics and ,
~ crr v • . i; ,
associafed impoundmenY.;area will notl,rmpair theI ability of natural drainagevrays to drain .
floodwaters adequately dunng a floading~event~ I5~
i~i:a1 t`; S3! i~~"
h. Standards for Shallow Floo~ding Areas (AO Zones)
'I 1-'~~
Shallow floodinglareas appear.on FIRMs;as AO zones with depth designations. The base flood depfhs in
these zones;range from! 1'(to~3.feet ab'o'velgqound where a clearty defned channel does not exist, or
where theiPath of flooding isnpredictable! a~nd; wfhere velocity flow rnay be evident. Such flooding is
usually, characterized as sheetow:;~ In these ~areas, the following provisions apply:
, .~~'i.
b New construction and; T'ou bstantial improvements of residential strucfures and manufactured
homes within AO zones shall have the lowest floor (including basement) elevated abave the
highest adjacent grade to the structure, one foot or more above the depth number specified in
~L j feet on the community s FIRM (at least three feet above the highest adjacent grade to the
~ s1ructure if no dep!h,number is specified).
ii. Newa`construction. and substantial improvements of nonresidential strucfures within AO zones
shall eit_her:1,+
(a) Have'ttie lowest floor (including basement) elevated above the highest adjacent grade of
the building site, one foot or more above the depth number specified on the FIRM (at
least three feet if no depth number is specified); or
(b) Together with attendant utility and sanitary facilities, be completely flood proofe'd 40 0r
above that level so that any space below that level is watertight vrith walls substantially
impermeable to the passage of water and with structural components having the
caRability of resisting hydrostatic and hydrodynamic loads and effects of buayancy. If this
" method is used, compliance shall be certified by a registered professional engineer or architect. -
iii. Require adequate drainage paths around structures on slopes to guide floodwaters araund
and away frQm proposed structures.
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. iv. Recreational vehicles placed on sites within AO Zones on the community's FIRM either.
(a) Be on the site for tetiver than 180 consecutive days,
(b) 8e fully licensed and ready for highway use, an its wheels or jacking system, is attached
to the site only by quick disconnect type utilities and security devices, and has no
permanently attached additions.
21.30.070. Additional Requirements
1. In all storage areas designated on the FIRM, there shall be no net loss of flood storage or infiltration
capacity.
2. No cleveiopment shall be allowed which removes flood storage volume, unless an equal volume of storage
as defined by the pre-development ground surFace and the base.Fl`oad elevation is provided in the
_ immediate area of the proposed development tocompensate ~#07 t(ie~'volJme'of storage which is lost
(compensatory storage). Excavation below the ground watepr ~'able sha~ll'notVc~onstitute an equal volume of
storage.
3. No obstnuction shall be permitted in any storage area which rest0icts~or"diminishesy'oodwater conveyance
\ Iy`;1 ~f e.. a
capacity or floodway char3cteristics. ~
21.30.075 Critical Facilities
Construction of new critical facilities shall be, to the extent possi,ble,, located oufside,kh,~e limits of the Special Fload
Mazard Area (SFNA) (100-year floadplain). Construction ofi,nei'vr,<cRtical facilities shall. be permissible within the
o- ~ s, ~1, cDI iI
SFHA if no feasible altemative site is available. Critical-faeilitiesaconstructet! wvithimAhe SFHA shall have the
frnvest floor elevated fhree feet above 8FE or to the height~yof the 500`-year flood (Shaded Zone X), whichever is
higher. Access to and from the critical facility should~~also be p~otected~toNthe height utilized above. Flood-
proofing and sealing measures must be taken to ensu~r6that toxic"substanceS~will, not be displaced by or released
into floodtvaters. Access routes elevated to or above'the~level, of'the base flood elevation shall be provided to all
critical facilities to the e~ent possible.' e
~
21.40 Critical Areas a~i:~ . 'a' ; i`~
WAC 3fi5-195-410 requires that~critacal areas 6e designated and that regulations to protect them be adopted.
Critical areas includet~vetlands','areas;of~critical~Fecha'rging effect on aquifers used for potable water, fish and
wildlife habitat conservation areas, frgque~ntly flooded areas; and geo{ogically hazardous areas.
21.40.010 ~i}''~WUands.
1. Wetland,.Classification 8 Rating
7."
Wetfand ar a`s`~mean areas that are inundatEd or saturated by surface water or ground water at a frequency and
~h ~ tr
duration sufficient to`support, and that under normal circumstances do support, a prevalence of vegetation
rypically adapted for~life;in sa4urated §oit~conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas. Wetlan`"ds;do not include those artificial wetlands intentionally created from nonwetland sitas,
• i~ , -i
including, but not limited'to
~,,im8a{ion'and drainage ditches, grass-tined swales, canals, detention facilities,
wastewater treatment facilit~es; farrri ponds, and landscape amenities, or those wetlands created after July 1,
1990, that were unintentionally~c~eated as a result of the construction of a road, street, or highway. Wetlands may
include those artificial wetlands intentionally created from non-wetland areas created to mitigate conversion of
wetlands (RCW 36.70A.030(21))
Wetlands areas are identified in Chapter 8 of the Spokane Valley Comprehensive Plan in conformance with the WashingtQn State Ulletlaratis ldentifrcation artd Defineation Manue! (Ecology Publication #96-94), March 1997, as it
may be amended from time to time, which classifies wetlands. Wetland scoring is based on the Washington State
Wetland Rating System for Eastern Washington (Ecology Publication #04-06-15, or as amended).
a, Category I. Cafegory I wetlands are those that represent a unique or rare wetland type; are more
sensitive to disturbance than most wetlands; are relatively undisturbed and contain ecolagical
atfributes that are impossible to replace within a human lifetime; or provide a high level of function.
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i. alkali wetlands; .
ii. wetlands that are identified by scientists of the Washington Natural Heritage Program/DNR
as high quality wetlands;
iii. bogs
iv. mature and old-growth forested wetlands over'/. acre with slow-grovring trees;
v. forests with stands of aspen; and
vi. wellands that perForm many functions very we11 (scores of 70 points or more).
b. Category U. Cetegory II wetlands arEa difficult, though not impossible, to replace, and provide high
levels of some functions and include:
i. forested wetlands in the floodplains of rivers; , ~
ii. mature and old-grov✓th forested wetlands over'/lacre with fa'st~rfowing trees;
,
~,,Y~
1•
iii. vemal paols; and
iv, wetlands that perform functions well (scores beriveen 51,, 9 points).~'
c. Cate9orY I11. Cate9orY III wetlands include
i. vernal pools that are isolated, and ~l' '•t~',
y'5 l',~.
ii. wetlands with a moderate level of function's'(scores. behveen 30=.50 points).
i jl~'"" Z~ '
d. Category IV. Category IV wetlands have the.lowest level.of functions andtare often heavily
, o_~,. .
disturbed. These wetlands may provide important fun,cti~on,.ys,z, and., ~ shall be replaced or restored.
2. Wetland Buffer Areas
a~ t~
a. Exemptions: ,a y r ~ j'~~ ;
i. Wetlands less than 1,000s'quare feet in aiea whei* the area is not associated with a riparian
coRidor, is not a ver'nal pool, an alkali wefland1Part'of a wetiand mosaic, or does not contain
habitat identified as es'sential for local populations of priority species.
r~~x 1'ulfLLp~ L:~~r
- ii. ~Category, III and IV.wetlands of ~ess than 4,000 square feet in area where the area is not
~~4associated witfi.a, nparian cor"ridor•; is not a vemal paol, an alkali wetland, part of a we#land
mosaic, does not,contain habitat,i,dentified as essential for local populations of priority
6 c,-
species scoring lesrs than 20 points or less on the Eastem Washington Rating System and is
not required for biafi~ltration of stormwater.
An exemption under F his section daes not relieve the proponent for providing full mitigation
~through restoration or replacement.
b. Buffers:
i. Wetiand,buffer areas shall be required for all regulated uses and activities adjacent to wetlands.
~'a
Any wetl~~d;created; restored or enhanced as compensation for approved wetland alterations
shall also inclucl'e;th'e standard buffer required for the category of the created, restored, or
enhanced wetland. All buffers shall be measured from the wetland boundary as determined in the
field.
ii. The width of wetland bufiFers shall be established by one of the fallowing methads:
• Alternative 1. Width based only on wetland category.
• WeUand hAinimum Buffer
Category Width (in feet)
I I 250
~ II I 200 •
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- ~ iii ~ 150
I IV I 50 -
• Alternatfve 2. Width based on wetland category and the intensity of impacts from proposed
changes in land use. Land use intensity shall be determine as follows:
Impact from Types of Land Use Based on Common Zoning Designations *
Proposed Change in
Land Uso
• High Commercial, Industrial and Institutional
Residential (more than 1 uniVacre)
,
High-intensity recreation (golf oourses, aall fields,
Moderate Residential (1 unit/acxe or less
) , ~ r m'~;
Modarate-intensity actfve open spa ice.~(parfcw~t hbikmg, . ~ogging. ,.etc.)
Paved Uails ~ " s
Util' oorritior wiih accesslmaintenanceroaa-d'~3'_
~Y t i ~z,.~..
« etc..
s.);
Law •
Passive open space (hiking, birci-watching;"1w
~
• Unpaved trails
. Utiftry corridorwithout road;or,,veget3tion management:,
ry-".A:11P
AP. ~,9•:
Wetland Minimum,Buffier U~f_ctEh~(in feet).~
Category ti -•";R,,sLow Impactn I Ni.odergte~lm:p"a•ct High,tmpact
i i I I 125",y~~,;,~~ ~ 190~ I~I~~T 250
11 110 Q1.'~ 200
III ~ c751 1 150
l.
1 rI!Vi~ ; r I-y1. 25~:'t~ 40 ~ 50
f' t, l i., •4 k.• ':1r
ut r' `:G,i~ ..1.'~.`•e
•4,Afternative 3. Width base;cl on wetland'category, intensity af impacts, and wetland functions or
special characteristics.~T}iis,~altemative has hvo options for determining the widths of buffers
Kwhen they are based on th'eiscore for habitat. Alternative 3 provides three buffer widths based on
habifat scores. This altemati've has fwo options for determining the widths of buffers when they
~ e are' based on the score for~ habitat Altemative 3 provides three buNer widths based on habitat
,v. t r
scores,~ Where more t~an~one width applies based on score for function or based on special
cliaractenstics, the calcUlation providing the widest buffer shall be used.
"v';l,',1, .+:~?,S✓.
Wetland',~ bMinimum Buffer Width (in fect)
Catego'ry.~ fS°0f° Low Impact I Ploderate Impact High Impact
y. J
29-36 ~ tiao ~ 150 Zoo
I 20-28 75 I 110 I 150
<20 50 75 ~ 100
29-36 I 100 150 ~ 200
II I 20-28 I 75 ~ 110 • 150 ,
I <20 I 50 I 75 100
III I 20-28 I 75 I 110 150
i
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. "
>28 I 40 I 60 I 80 I
IV I 25 I 40 I 50 ~
Special CharacterisUc Law h4oderate High Impact
Impact Impact
Vemal Pool 100 150 200
Vemel Pool with regional 40 69 80
plan'
Natural Heritage WeUand 125 ~ 190 250
r
Bogs 125 I 190 250 ) I
I Alkali - 'f 00 I 1501 y!i 200 I
c. Additional buffer area width may be required by the Director,if:t~ , , u 1
~~.r,~✓
i. The wetland includes a plant or animal species listed liy''tth,e~federal govern,ment or the state as
endangered, threatened, candidate, sensitive, monito etlior documented priontji s~ecis or
habitats, or essential or outstanding habitat for thosel`species~~orihas unusual nesting or resting
sites such as heron rookeries or raptor nesting trees; or t)
p--iv..
ii. The adjacent land has a slope of 30% or moreradjacent to the wetland;, the buffer area may be
o rr j n•i
increased by 50 /o.
d. Reduction of Standard Wetland Buffer Area Wcfth".~
i. The standard wetland buffer area w.6i° dth soored moderatei"''orhighfor habitat may be reduced
(f: rt i,"J ,r(t)'Y il J' u' 4':V"
a) A relatively undisturbed vegetafive corridorSfof at least 100 feet in width is protected
Gy-•'~ ~;n 1 r
between the~wet`land and any other priority, habitats; and
b) The protect;edarea,lis preserved by means of easement, cavenant or other
. measure; and 'i~
..1., ~v~:,i'~s ~~'i1•~i~
asures identified isubsection ii. are taken to minimize the impact of any
•;;~,~~r pro
posed~.land use.
~ ~ ~ ~ . ~ t~ .y .
,y u l"he standard wet.tlan,d ~buffer aratia widtfi scored less than 20 for habitat may be reduced to
that for moderate land,~use impact where the following mitigetion measures are approved by
the City: i~ ~
r
• ~ ~ ~
Minimum gufferArea (in feet) I
t ~~t' ~i ►
Lighty;.~'.~- Light sources are shielded flrom the weUand
~
INoise Wetland is shielded from noise.
Bio-filtration or ofher measures prevent intraducUon of
Stormwater run-off unfiltered stormwater directly into the tivetland .
• Human Activity I Vsual screening of wedands is required.
DusUParticulates I Parking and driveways are paved. ~
e. Standard Buffer Width Averaging. •
i. Standard wetland buffer area vridth may be averaged if all of the iollowing conditions exist:
\..i.
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a) The wetiand has signifrcant differences in characteriskics that affect its habitat
functions, such as a wetland with a forested component adjacent to a degraded
emergent component or a 'dual-rated" wetland with a Category I area adjacent to a
lower rated area
b) The buffer is increased adjacent to the higher-functioning area of habitat or more
sensitive portion of the wetland and decreased adjacent to the lower-functioning or
less sensitive portion
c) The total area of the buffer after averaging is equal to the area required without
averaging
d) The buffer at its narrowest point is never less than 314 of the required wridth
ii. Averaging may be permitted when all of the foflawing are~met.
~
- a) 7here are no feasible alternatives to the;srte design ttiat could be accomplished
without buffer averaging ~1i1};~
b) The averaged buffer will not result in d"eg;radation of the wetland's functions and
values as demonstrated by a report from.a"qualifed wetland'ezpeit
c) The total buffer area after averaging is equal`to the~area required Vvithout averaging
d) The buffer at its narrowest point-,i"s'?never less than 3/4.!of,the required width
,n'~ r•~ I,E~_ ti':' S'n i
f. Wetland Buffer Maintenance. Except as othenvise'specifed;fwetland buffer areas°shall be retained in
their natural condition. Where buffer disturbances tiave occurred before or dunn`g construction, re-
ve9etation with native ve9etation shall be required.
y/
`u1144
'i
t
.~U 7 ~/yy
-r'!~tl~•~~~ li y.~i~1I~~1t, `~f . 1 Ll'~~ `.c : ~
(~15'✓~ y'1 .i• .1=1 a
~ i.1~ ~i)~ 7~1
/.C.' ~.Y• '
O
i~\-~
.~,,;.~~1•~ I~;
t;
c~
~ . ~
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Draft Title 21 01-23-2007 Public Hearing Draft Title 21 Environ Controls
3. Wetland Mitigation Plan
When mitigation is required, the applicant shall submit a mitigation plan which shall include:
a. A writtsn report identifying environmental goals and objectives of the campensation proposed,
including:
i. A description of the anticipated impacts to the critical areas and the mitigating actions
proposed, including the site selection criteria; mitigation goals and objectivas, in relation to
the functions and values of the impacted critical area; and dates for beginning and
completion of mitigation activities. ,
ii. A review of the best evailable science supporting the proposed mitigation and a
description of the report author's experience to date in, (estoring or creating the type of
critical area proposed; and ; ~1~,
d"1~ ► V.I:i 4c~i
iii. An anatysis of the likelihood of success of the compensation'project.
i'I 1.
b. Measurable specifc criteria for evaluating whether or;;not thefigoals and, objectives of the
v'r~
mitigation project have been successfully attaineci an8,J hettier)or not the:~equirements of critical
area regulations in this Chapter have been met_ '.ri
~ ,1.~,~ • ~r~ : 17i ' ~ ~
c. Details of the mitigation shall include:
i. The proposed construction method, sequence, timing,a'ridrduration;
(('Cr;
ii. Grading and excavation details; A 1F f,I_LrI
Erosion and sediment control feafures;
y}°~l'dU fy ~~y }l riv. A planting plan specifying planf species,~qu.antitiei's,1locations, size, spacing, and density;
and
~•!Sl i1i ~c~y-'
v. Measures to protect a i nd maintain plantsu~;ntil estab_'lisheds .
These written specifcations sFiall be aocompar~ied, by detailed site diagrarns, scaled cross-sectional dravrings, topographic maps sh.owmg slope percentage and final grade elevatians, and any other
drawings appropriate to stio~w.construction techniques or anbcipated final outcome.
cS";7 y i?•_, `11.'1
,j':~•.
d. A prograin for,moni~oring construction of the mitigation project and for assessing the completed
p ojyt~against it 's goalsiand ob , jecti ves, ~
U.~ ~
e.,~ Identifcation of potential courses of action, and any corrective measures to be taken if monitoring
r evaluation indicates'pr,oject performance standards are not being met.
o
All reasonable efforts to av.otd and minimize impacts to critical areas shall be evaluated. When
A' ~ t , r s i,i
~4, an,alteration to a critical area is proposed, such alteration shall be avoided, minimized, or
"com ensated for in the,follawing sequential order of preference:
.~~•~q~ ~y,~~y
` i Fi~ iAv_oiding the, impact altogether by not taking a certain action or parts of an action;
ii. Mtiniinizing impacts by limiting the degree or magnifude of the action and its
implementation, by using appropriate technology, or by taking affirmative steps, such as
project'redesign, relocation, or timing, to avoid or reduce impacts; iii. Rectifying the imRact to wetlands, critical aquifer recharge areas, frequently flooded
areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected
environment to the historical conditions or the conditions existing at the tims of the
initiation of the project;
iv. Minimizing or eliminating a hazard by restoring ar stabilizing the hazard area through .
engineered or other methods;
. v. Reducing or eliminating the impact or hazard over time by preseNation and maintenance
aperations during the life of the action; .
Psge 24 of 57 P:+,Community DevefopmentlPlanning Cammisslon12007 MeetinQslPubliC Hear(ng Draft Tiile 21 Environ Cantrals.dac
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,
. vi. Compensating for the impact to wetlands, critical aquifer recharge areas, frequently
floaded areas, and habitat conservatian areas by replacing, enhancing, or providing
substitute resources or environments; and
vii. Monitoring the hazard or other required mitigation and taking remedial action when
necessary.
g. If compensatory mitigation is proposed, the mitigation plan shall also include the following:
i. A baseline study that analyzes the existing functions of the wetland and wetfand buffer,
functions that will be lost, and functions after mitigation;
ii. Description of haw lost functions will be replaced; •
~I ~
iii. Descriptian of when mitigation will occur relative to project construction;
.
iv. Provisions for adequate monitoring to ensure "success of the,,m~tigation plan. The
1, r
monitoring plan shall outline the approach for'monitoring coristruction and assessment of
the completed projeci. , and shall include almonitoring schedulei>,A monitoring report
` "enod~fl'at least 5'yea`rs and shall document
shall be submitted to the CitY annuallY for a P
v ; r,,,
successes, problems and contingency actions ~of~,the mitigation project: Monitoring
activities ma y include, but are not limited to:
;v r 1a) Establishing vegetation monitoring plots to track clianges in pfant species
N,. I' t. ~
composition and density ove r~tYme~~i i:,a
b) Measuring base flow rates~antl"storm ~rrater runoff to model and evaluate
hydrologic predictions; };t'")' , y,~~~"k`r~. ~
c) Sampling fish and wildlife populations to determine habitat util¢ation, species
abundance and divers ~ty;?and, '1J"
d) Sampling surface and subsurface waters~,to determine pollutant loading, and
changes from the natural vanability of, t~ackground conditions.
• ~i` ? 11~~^~' it',1'`
v. A contingency plan specifying what corrective actions will be talcen should the mitigation
- t~ .:~no.t.be successful`~-
sf;.~ i~; <<_P.i1~
h. Weilandemitiaation, banks. Credi#.'s fi-om a wetland mitigation bank may be approved for use as
compensatiorj for unavoid'able impacts to`wetlands when:
1~~
~
~:~i. The bank is certi fed under State~law;
ii. The wetland mitigation bank provides compensation for the authorized impacts; and
))iii. The proposed use ofjfcredits is consistent with the terms and conditions of the bank's
certification.
~ ,
Replaceme'nt~rati,os for proje,cts ;using bank credits shall be consistent with replacement ratios specifled in
the bank's c`ertification.
Y lI ~r
.t i.!
4. Wetland Mitigation-8 Resforation. Any wetland lost or degraded as a result of human activity shaU require
an approved Wetland INitigatio.n Plan, prepared by a qualified ecologist and approved by the Washington
Department of Ecology, iricluding one or more of the following measures:
a. Wetland acreage replacement and mitigation requirements based on the number of units impacted:
require replacement/mitigation according to fhe following_
Wetiand Roplaccment and Mit7gation Ratlos '
Impacted Roptacement Re-establishmenU Rehabilitation Combined R!C 8 Comhined R!C Enhancement
Wetland Creation (RlC) Only RehabOftatlon 8 Enhancement Only
~ Catcgory I 1:6 1:12 ~ 1:8' 1:1 WC 8•1:6 RH' 1:1 WC & 1:12 1:16'
Nage 25 of 57
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Wctiand ReptacFrmont and MEtigatlon Ratios Impacted Replacemont Re-establlshmenU Rehabilitation Combined R/C & Combined RfC Enhancement
Wetland Creation (R1C) Onty Rehab111tetion 8 Enhancement Only
Category II I 13 ~ 1:3 I 1:6 ~ 1:1 R/C & 1:4 RH ~ 1:1 R/C & 1:8 I 1:12
CaRegory III ~ 1_2 I 12 I 1:4 I 1:1 R/C & 1:2 RH ~ 1:1 R/C & 1:4 ~ 1:8
Category IV I 1:1..5 l 1:5 1 1:3 I 1:1 R!C & 1*1 RM I 1:1 RfC 8 1:2 E~ 1:6
' Based on score for function
R/C = Re-establishmenUCreation
b. Wetland mitigation' may be permitted off-site if:
i The hydrolagy and ecosystem of the original wetland and; ~hose~who,beneft from the hydrology
and ecosystem will not be substantially damaged by,the,loss within tfiat primary drainage basin;
and S- ~
'
ii. On-site mitigation is not scientifcally feasible due to`probteri5s.with hydrol" ogy, soils, or other
factors such as other potentially adverse impacts fromt'surrounding land u's,es;.'or .'~i
~~~t ~
iii. Existing functions off-site are signifcantly greater thani ;lost;~rvretland functional values; or
iv. Established goals for flood storage, flood conveyance, habitat oi' other wefland functions have
been established and strongly justify off-site location;of mitigation''me[,atsures.
.y' ( i i iY.'`~ I I ~ :t~-:I, l ri
5. Permits Required. A permit shall be required for all'development.~vhich aifects~wetlands or wetland
buffers. The permit shall specify: i.T~ `
a. The timing and conditions of mitigation, restf ation or eancemenf;~
'~l ~~I.`~ i iJ-~;!I.%3
b. Requirements for title notice, conserq'ation easem6nts or plat dedication;
A , ? ! 1. )
C. Access limitations and fencing if`required; ~~:a ~
a 'j c,t k1. i'a I~y
~h` LI f1
d. Temporary and permanent sgnag e' and J1 I 1 11 e. Requirements.for-staking of wetland and buffers prior to development.
~ f rii ,3 a ~i `I J
f. The application~ `shall',b;e accompariied tiy a report prepared by a certified biologist specifying the
classi&ation, scoring`and justification for th. e~selsction of inethod and proposed replacemenUcreation,
, roI~osed. "A'co 'Y of the rePort shall be fled vrith the Washin9ton
rehabilitation, and miti9ation P
P
~D~e'p'artment of Ecology.
21.40.026-111.j~ Fish and Wildlife Habitast6C'onservation Areas.
4
y
1. Priority Habit~ats: Priority habitats withinp.okane Valley are illustrated in the 2006-2026 Comprehensive Plan,
as it nd mclude wetlands, riparian, urban open space, and the habitat of
may be am ended•fromtimetoti me;,aAS
native species, as,defined;in Appendiz;°A%'illustrated in the Spakane Valley Comprehensive Plan. The status of
individual species isincluded in the:.lNashington Department of Fish and WiIdlife Management Ftecommendations
for Priority Species and`in;WAC;232:12. Where differences in regulations exist as a result of overlapping priority
habitat, the regulation proSidirig;Hie highest degree of protection shall apply.
,
2. Wetlands are located on hydric soils, support hydrophytic vegetation and are saturated with waier during some
portion of the growing season.
3. Riparian fish and wildlife management zones are established pursuant to the classification of streams, lakes
and other water bodies by the Washington Oepartment of Natural Resources as follows:
i Reference:lyetlandUirigarion in iVaslringtorr StQre, Par! I: Agency Policies and Guidaitce (Vcrsion 1, Publication 906-
06-011a, A9arch 2006) anci 1Vellund jl9itrgatinn in i1'ashington State, Par! 2: Ueveloping:tifitigulion Pltlns (Version 1,
Publication #06-06-411b, Vfarch 2006) '
Page 26 of 57 P:1Community DevelopmentlPlenning Commlssion12007 MeetiilgsTublic Hearing Draft lltle 21 Ernriron Controes.doc
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1` a. "Type S Water' means all waters, within their bankfull width, as inventoried as "shorelines of the
state" under chapter RCW 90.58 and the rules Promulgated pursuant to chapter RCW 90.58
including periodically inundated areas of their associated wetlands.
b. "Type F Water" means segments of natural waters other than Type S Waters, which are writhin
the bankfull widths of defined channels and periodically inundated areas of their associated
weUands, or within lakes, ponds, or impoundments having a surface area of 0.5 acre or greater at
seasonal low water and which in any case contain flsh habitat or are described by one of the
following four categories:
i. Waters, which are diveRed for domestic use by more than 10 residential or camping units or
by a public accommodation facility licensed to serve more than 10 persons, where such
diversion is determined by the department to be a valid appropriation of water and the only
prac#ical water source for such users. Such waters shall be'considered to be Type F Water
~s .
upstream from the point of such diversion for 1,500 feet or until t6ldrainage area is reduced
by 50 percent, whichever is less;
ii. Waters, which are diverted for use by federal, state,,tribal'or privaie fish hatcheries. Such
~.,1
waters shall be considered Type F Water upstream,ftom the point of iliversion for~1,500 feet,
including tributaries if highly significant for protection`of;downstream wate~,quaf,dji~The
department may allow additional harvest beyond the requirements of Type F~,Water
designation provided the depaRment determines after a Iandqwner-requested on-site
^ i "
assessment by the department of fish and,wildlife, department of'ecology, the affected tribes
and interested parties that:
t
(a) 1'he management practices pro posed by the' landowner will adequately protect water
quality for the fish hatchery; and!~
~ ~;r'5:~
(b) Such additional harvest mests tfie requirements of the water type designation that would
a ply in the absence of tfie hatche f' i.~r
p rY-0
4
iii. Waters, which are +riithinja;federal, state,~local or priate campground having more than 10
k . .1 .16E.
camping units: Provicied; ,That the water shall not. e considered to enter a campground until
it reaches he boundary {of;the paric lands availa~ble for pubfc use and comes within 100 feet
of,a camping unit, trail or othe'_r parlc improvement;
iv,r+• Rivenne ponds, wall-based cliannels, and ather channel features that are used by fish for off-
~ : I Vt l 0 4 L(~ILi' .
+'r,- t, channel habitat:'These`areas are cntacal to the maintenance of optimum survival of fsh. This
~
habitat shall be iderit'~~fied based on,the follo+rring criteria:
(3) The site must be~connected to a fish habitat stream and accessible during some
period of the,.year; and
`~,_t' ~~(b) The off-channel~~vater must be accessible to fish.
l.~ ;i
t4
a. "TypeNp Watsr" meang all;segments of natural waters within the bankfull width of defined ch2nnels
that are petenn,izlnon~fsh'hahitat streams. Penennial streams are waters that do not go dry any time
of a year of normalR~amfal. Hawever, ior the purpose of water typing, Type Np Waters include the
t',,t°v
intermittent dryRott.~ons of the perennial channel below the uppermost point of perennial flow. If the
uppermost point of perennial flow cannot bo identified with simple, non-technical observations then
Type Np Waters begin at a point along the channel where the contributing basin area is:at least 300
acres.
b. "Type Ns Water" means all segments of natural waters within the bankfull width of the defined
channels that are not Type S, F, or Np Waters. These are seasonal, non-fish habifat streams in wvhich
surface flow is not present for at least same portion of a year of normal rainfall and are not located
downstream from any stream reach that is a Type Np Water. Ns Waters must be physic211y
connected by an above-ground channel system to Type S, F, or Np Waters.
Page 27 of 57
P:Zommunity DevclapmerrtlPlanning Cammissianl2007 DlecllngslPublic FEearing Draft 7itle 21 avlron Controls.doc
Draft Title 21 01-23-2007 Public Hearing Draft Title 21 Environ Controls
2_ Riparian Management Zones (RMZs) include three zones (measured ho(zontally in feet from the outer '
edge of the bankfull width or channel migration zone, whichever is greater) established in the follawing tables 21- -
1
h
fl~; f~J✓~ Y + ~dl~~.
~ . r',•
~ t i~'{ J'.~ •~~1. n.
1•. ~
ri,;~jrti'r~'•i~
T ^
,.r.
11 ,~1i ~J'
!I I)1y~
~ 7n
>
ri~'±ca
. ~.y~
Page 28 of 57 -
P:1Community Developrnen10annirvg Commission12007 MeetingslPuWic Nearing Draft Title 21 Enviran Controls.doc
Draft Title 21 01-23-2007 ' Public Hearing Draft Titie 21 Environ Controls
and 21-2 and zone re ulations. Outer zone re uirements for S and F stream
9 q types are based on DNR Eastern Washington 100-year site index range summarized as follrnvs:
Site Class 100-year site Index Rsnge
I 120+
II 101-120
III , . 81-100
IV 61-80
V 560
Table 21-1 Riparian Manaqement zones for Streams less than 15 feet in width, bankfuil
Site Ctass i Core Zone I Inner Zone I Outer zone I Other I{~~ Tofat width
f.. .
Type S- Shorelines of the State
. I 30' I 45' 55 .130 .
11 30' 4$' 35 r(. "r ''r~ ~ r t
III I • 30' I 45' 15 I ~;~~~~;,}~~~I~ R• 8p. ~!,"a ~
1
iv ~ 30' ~ 45• o
V 30' ~ 45' ~ 0 75 .,~..L
Type F- Natural waters HOT Gass1fled.aciShorelirves pf Uie,$taie,with fish
I I 30' I 45' I 55 ~1130
II ~ 30' ~ 45' ~ 39~ 110
I uL~ .e':,:•,4~..:~I
111 1 30' 45' 1 AT 90
iv ' I r aa' a~
- Ne 75
i
_ V I 30' I 45' fl ,01 Ir Na.4l' YI 75
1 t~ _'!J
I d.1• ~ ~:i I
All TYDe tdp -.CNuo:n-fisfi~ -perenrdal 4, . 5(i ~ SD
~rl C~ All ~ Type Ns JNon~J~~f'sh Sessonal I~,;~; ~~'•;,~30z I 30
4~~~
:
,h'.'~ ~ s,,
,,7abla 21Y2 Riparian ManapemenY Zones far Streams qreater than 15 feet in widih, bankfuil
Site Cl~ss ~ Core Zone ' I`7lnner•zane ~OufJFZone i Other ~ Total width
, • ~ , : T, ~
-
Type S~Shorelines o( the State
(,91 ~Lj~I I 30' I ~70:~r~ I 30 ~ rVa I 13~4
30' ~ d70!1) I Sp ~ nla I 110
30' 0 I nla I 90 .
IV`~'•r~''.I 30- .i',,70 0 I n!a 75
V ~:1 70 0 I Na 75
~ cru• -i:~•~
4(I i(=i'Type F- Natural waters A10T dassified as Shorellnes of the State ►vNh fish
I 36" I 70 I 30 + n!a I 130
II 30' ~ 70 + 10 I Na I 110
III 30' ~ 70 0 I n!a I 100 N I 3dY I 70 0 . I Na 100
V I 30' I 70 I 0 ~ n!a 100
' All I 1'ype Np - Non-fish-perennial ~ 50 I 50 All I Type Ns - Non-flsh Seasonal ~ 34' I 30
; .
~ z
- Equlpment Limitalion zane •
Page 29 of 57
P:lCommunity DevelopmenilPlanning Commisslon12007 PAeetingslPublic Hearing DraR'IZUe 21 F_rniron Con'trols.doc
Draft Title 21 01-23-2007 Public Hearing Oraft Title 21 Environ Controls _
a. Gore zones. The core zone extends 30 feet measured horizontally from the edge of the bankfull ~
width or outer edge of the CMZ, wfiichever is greater, for all timber habitat types. No harvest or
construction is allowed in the core zone except as otherwise provided in WAC 222-34-020. Any trees
cut for or damaged by yarding corridors must be left on site. Any trees cut as a resuft of road
construction to cross a stream may be removed from the site unless used as part of a large woody
debris replacement strategy.
b. Inner zones. VVidth and leave tree requirements of the inner zone vary by timber habitat type
specified in WAC 222-30-020.
c. Outer zones. This zone has three categories based on timber habitat type: Ponderosa pine, mixed
conifer and high elevation. The width of this zone is 0 to 55 feet measured horizontally from the outer
edge of the inner zone depending on the site class and stream widtti.1
Crl'~ i `.-:y
2. The shade requirements in WAC 222-30-040 must be met regardless, of harvest;opportunities provided in the
inner zone RMZ rules.
3. An equipment limitation zone is a 30-foot wide zone measured h0nzontally4rom the outer edge of bankfull
width of a Type Np or Ns Wat2r where equipment is limited. It applies. to;,all perennial'and seasonal streams.
~ .r.,.
~gs' other than
On-site mitigation shall be required where ground based equipmerit' g skid trai~ls or streaml ticcr•ossin;~
existing roads exposes the soil rr►ore than 10% of the surFace area}of the ione,~ Mitigation must be designed
to replace the equivalent of lost functions, especially preventionnof setliment~delnriry. Examples include water
l,
bars, grass seeding, mulching, etc. ,
A.,. ~iil
4. Except as otherwise required to reduce flooding, riparian management zones (RMZ) shall be retained or
, Y
maintained in accordance with WAC 222-30. 5.1
~~j
5. None of the limitaiions on harvest in each of the tHr4uee. zones, listed belaw will; preclude or limit the construction
;:,0. Din r 11^1 tt y
and maintenance of roads for the purpose oficrossyng streams in accordance with WAC 222-24=030 and 222-
24-050, or the creation and use of yarding comdors in accocdance wiiFi WAC 222-30-U60(1). Roads within
nparian buffer areas shall be kept to a mini~mum and sharl;n,o~ run parallel to the water body. Crossings where
necessary, shall cross riparian areas:at; as near right angles as, possible. If no altemative exists to placement
of a roaclway within a riparian area, mitagat~on may be required'.'Mitigation measures shall be specified in a
management plan and may'include, but'are not limited to:
( ~15 ~~4.> 'ti`~. tt ~ %\S 1 1 1'-~
a. Fencingiparian buffer(ar~ea to proteetremaining vegetation; and
~~i`i °~~l~ h.
b. Enhrancement of remaining-riparian buffea.r,area through planting of native vegetation.
c. 4,WaCer crossings must be ap'p'r~oved by the Washington State Department of Fish and Wildlife (WAC
lv75~20.100).
6. Proposed'equestrian pedestrian/bike trails shall demonstrate though °Best Available Science" that the
location and~widtfl of the trail minimizes`any adverse impacts on habitat, and that measures to reduce effects
4• v
during construction;are implemented~la
7. Off-road motorized''vehicle use',m,'nparian buffers areas is prohibited.
8. All development proposals; shall follow the bald eagle protection rules (RCW 77.12.655 and WAC
232.12.292), as no~v or hereafter amended, when the proposal is likely to have a direct impact on the habitat
of the bald eagle.
21.40.021 Adjustment of Habitat Buffer Areas
1. Habitat buffer areas may be reduced by the Director up to a maximum of 10% if a riparian buffer srea is
enhanced using native plants including trees and shrubs according to a plan prepared in consultation with the
Spokane County Soil Conservation District and the Washington State Department of Fish and Wildlife.
2. Habitat buffer areas may be modified by the Director if averaging will provide the necessary biological,
chemical and physical support necessary to protect the fish and wildlife; and
' Equipment L(mitatian 7_one ` _ .
Page 30 of 57
P:lCummunNy Developmentti'laruung Commissionl20U7 MeetinqslPub[ic tiearirxg DraK'1 iUe 21 Environ Controls.doc
Draft Title 21 01-23-2007 Pubtic Hearing Draft Tide 21 Environ Controls
a. 'I'he riparian area contains variations in sensitiivity due to existing physical characteristics which justify
the averaging; or
b. The land uses causing ihe least disturbance would be located adjacent to areas wfiere the buffer
width is reduced and that such land uses are guaranteed in perpetuity by covenant, deed restriction,
easement or other legalty binding mechanism; and
c. The total area contained within the buffer after averaging is no (ess fhan that contained within the
standard buffer prior to avaraging. •
3. Habitat buffer areas may be increased by the Director up to a maximum of 25% if:
a. The land adjacent to the vrater is susceptible to severe erosion and other erosion control measures
will not prevent adverse impacts. 11'~
~.1.' 1. .Et~`~.
. b. The land adjacent to the water has minimal vegetative cover or s(opes_greater than thirfy per-ent.
a ~ u z r
° ~ .S,'},
4. This provision dDes not diminish the 200 foot bufFer requirement~ap' plicable to~Shorelines af State+rride
Significance. %i!Vi.'t
~~i rj'
5. Habitat Management Plan Required.
A Habitat INanagement Plan shall be certifed by a qual~ed biolog~"st;~revye~yed by the Wa~hington
Department of Fish 8 Wldlife and approved in writing by the Director. TFietPlan shall include:
~
a. A description of the nature, density and inEensIty,;of fhe proposed, use' or activity in sufficient detail
. to allow analysis af such land use change upon', ftlentifie}d wildlife Habitat~
lo %s~ ~y
b. An analysis of the effect of the proposed~ use or actiy,i,ty,upon fish and`wildlife species and their
habitats, identified within the priority habitat and species program.
~~i
c. A plan which explains how the applicarit:,will avad,lminimiieor,m~:bgate adverse impacts to fish
` andJorwildlife habitats created,by,the proposed' u'se or activity.
d. Habitat managemeni recommeridations, includi"ng potential uses and restrictions of the habitat
areas, seasonally sensitive areas and other g,uidelines necessary
for the protection of the
species~ c1
~ rV 1•j1. : i...
u..
e. Proposed!provisionls,for ensunng'continued protection of habitat and habitat buffer areas.
f. Condit6ons establishedby an appro'v,ed Habitat Management Plan shall be included as a
` ~ .
~.466,nditionofapprovalifo,ra:permit.
21.40.030 Geologically Hazardous Areas.
1. Geolodicaff"x,hazardous areas include boih erosion and landslide hazarci areas where one or more of the
following exi`st~.
t~`";.~~`
a. A slope of fhi,rty, percent or greafer;,
~
b. Soils identified by, Natural Resource Conservation Service as having a severe potential for erosion (see
Section 1120.090(h)' Appendiz H
c. Hydraulic factors such?as e isting on-site surFace and groundwater or changes in hydraulic factors,
caused by proposals tfiat create a severe potential for erosion or landslide haaard;
d. Areas that historically have been prone to [andsfide (areas adjacent to lakes, streams, springs) or any one
of the follawing geologic formations: alluvium, landslide deposit, Latah formation;
e. Areas of uncompacted fill;
f. Areas that are unstable as a result of rapid stream or stream bank erosion.
2. GeaHazard Evaluation & Mitigatinn Plan Required.
a. A geo-hazard mitigation plan, prepared by a qualified geo-technical engineer shall be prepared for
building permits, road construction, utilities and storm drainage facility installations within a geo-hazard
area shall be submitted with any application for preliminary plats, short plats, planned development
Page 31 of 57
P:1Communily DevelopmenriPlanning Corrimission12007 MeetingslPubllc Hearing DraftT`itle 21 Environ Contrds.doc
Draft Title 21 01-23-2007 Public Hearing DraR Title 21 Environ Controis
projects, binding site plans; zone reclassifications, conditional use permits, variances, manufactured home paric site plans or top soil removal permits located in geologic hazard areas. ' J
b. The geo-hazard evaluation shall document the extent and nature of geo-hazard on the subject property
and shall provide mitigating measures and an assessment of geo-hazards associated with the proposal.
c. A geo-haaard mitigation plan may be required at the time of building permit application or actual
construction approvals.
21.40.040 Critical Aquifer Recharge Areas.
1. Classification of Aquifer Susceptibility. Critical aquifer recharge areas have prevailing geologic conditions
associated with infiltration rates that create a high p-otential for contamination of ground water resources or
contribute significantly to the replenishment of ground water.
I~CD~~~.
a. Aquifer recharge areas are rated as having a high, maderate, on,low susce tibibty based on a scientific
Nt~ r yr
►
analysis of soils, hydraulic conductivity (the easQ with which }vater movesAliefween the surface and
aquifers), annual rainfall, the depth to aquifers, the importance'of the mgterial between soils and aquifers
(Vadose zone), and wellhead protection information. The A'qu;1 er S,us ptibility;~Map~identifies these
areas within Spokane Valley.
a~~:~~•~;,t,
b. Designated wellhead protection areas and areas within a one thou `sand-foot radius of wells,without
reported plans, are additionally treated as high-susceptibility `alr'eas"AsAwellhead prote'cti'on plans are
`t- , u'1r,
completed for wells, the one thousand-foot radius placeholder will be replaced by the Washington State
Department of Heafth-certifed wellhead Protection arear". - ` 71
~r ~ii~~~~•i i.~'~,+, ~1' S ~:ti
[I . t.• . l. • ~ t
c. Regulated Uses. The follrnving uses and activities.~ 'sar'e 'regulated,as set forth in,the following table:
r i !il { 1a.
.~F) ~ii~- l`,~! , ~j 1~
~~,~j, I ' Suscept~biliryr
Uses and Activities regulated in%i; i Susceptibi'lity Rating Susceptibility -
Critical Aquifer Recharge Areas?,J? tJ ' RaUng High" Medium RaUng Low '
Bio-solids land application
Critical Material storage, handling,,), O4 "y9,9:.11'' ✓ G-,
,.a.
generating or use N,
~ .
f]airy. .
Feed,140'" - • . ~ ~ ~ ~ i, li ~ ~ I' ~.1^.~. I + ~ 'F
,:Feeii mill ~ ~z~ i ~,1•: ~ . •
4:i j Floricutturelharticultvre 4. •
,
r~!i ~Grazinglcultivation ~ a~ •
( GfeenhouseJnursery - Commercial ~ ~ a~ •
~~arge,Animal raising andlor_keeping ~ ~ ~ + •
Orchar'dltree farm
Poulfry-raising, commerciat' ~ ~ + • f
Trudc ga`rcieriingNineyard ~ _ + ~ i •
PermiEted without rewew = Not permitted - Hydro-geologic Study raGuired.
Agriculturl practices not accessory to a residential use that impact critical•aquifer recharge sreas shall be
mitigated by having a conservation plan preRared and the subject property shall be required to camply with approved
land management andlor conservation pracbces that protect groundwater, as set forth in the United States
D2parhment of Agriculture Natural Resource ConservaGon Service (NRCS) Technical Guides, and all local state and
federal regulatians and their amendmenfs governing agricultural practioes.
Critical Materials Storage, Mandling, Generabng or Use requires:,
1. All facilities related to the use of cai6cal materials shall be designed so thar •
a. P.ny spilled ar leaked crifical materials are cantained on site;
b. P,ny spilled or leakecf critical materisls cannot infiltrate into 1he ground; and
c. No disposal of any waste aontaining crifical materials shall be allrnved on site.
2. Stormvrater facililies shall be designed so that: •
Page 32 of 57 P:ICommunity DevelopmenflTlanning CommissionL2007 A4ee11ngs1Public FiearSng Draft Title 21 Environ Controls.doc
Draft Title 21 01-23-2007 Pubiic Hearing Draft Title 21 Environ Controls
. ~
a. Mingling of stormwater and spilled critical materials is prevented; and
b. Spill cleanup procedures ar2 enhanced.
3. Surtace or subsurtace disposal of a aitical material is prohibited.
Q) Public sevrer servioes oonsis#ent with concurrency requirements set forth in the Spok3ne County comprehensive
plan and the Spokanm County zoning code, or as amended, are required far all new residential and
nonres6dential uses.
1. If a parcel lies within two or more susceptibility rating designations, the higher suscepfibility rating
designation sha(I apply to the whole parcel.
2. When there are law susceptibiliry areas hydrologically connected to medium and high- susceptibility
areas, the regulations for medium or high susceptibility areas apply.
3. Development shall provide for the treatment of stormwater run-off fromhimpervious surfaces in a manner
_ consistent with Spokane Valley requirements and the Stormwater Management Manual for Eastem
Washington. Y .
4. Enforcement procedures for violations of this chapter shall tie'in conformance with SVMC 17.60.
•J ~ ~u~
~ V D ~1
r1Jtf . 1..~, r,l.
~,r ~ ` J. i_ ~ i 1•
21.50. Shoreline Manaqement & Restoration Pro4ram r.r, ~r:, s~~, ~q ~~~~.~1•'
21.50.010 Purpose 8 Applicability. The purpose of these regulstions is`fo-manage shoreline resources within
~ ~
the City of Spokane Valley in conformance with the Spokane Valley,Comprehensiv'e~Plan, Spokane Valley
Shoreline Management and Restoration Program and state pol icles%app1licable to SFiofelines of Statewide
Signifcance (RCW 90.58.020 Shorelines of the State, a~dysho`reland~areas pursuant fa WAC 173-26 and WAC
173-27.
21.50.020 Permitted, Conditional of Limited Land,U'ses.
1. Land uses within shoreline environments:i~dentifed in thie~Spokane Valley Shoreline Master Program may
be permitted, limited or conditioned as fo
llows: y'~;~
-
~~i
r ~~,~~!~~,'Enyiro I
ninent
d"1`i i $
~ji Jrlr"r Permitted Usss~~~ o o ~ ~
'e P C (i!
z ~ c) U) ir
Cominemaal l`1ses,~,
Non•water Recreatian _
~ ~ - - ~
Water-refated ~ecreation I • • • I
tti,~~,~ I Water-relatadICommercial
t~' v
I.,Water-relafed~lndustry
< 4 I 'Roads, ,it'
,
l/titiQtomdor ~ _ ~ , •
I Paiicing ~ C C
Single 1=amity Residerstial ~ C _ ~ _
Mulki-family Residential
Mining I C I C I c
Over-water str,ctUres L~I L ~L _ a I'ermitted Use . L Limited •
Conditianal .
~ C Use - Not Permitted
Page 33 of 57
P:tComrrunity DevelapirentlPlanning Gommissionl2007 AleetingsU'ublic Hearing Oraft Ti#!e 21 Environ Corrtrols,doc
Draft T'rtie 21 01-23-2007 Public Hearing Draft Title 21 Environ Controls
2. Permittetl Uses.
a. All uses and activities shall preseive or restore natural resources including vegetation, wildlifo habitat,
. or aquatic life and other sensitive resource features which are intolerant of human activity.
b. There shall be no net loss of shoreline ecological functions as a result of new development. New
development shall include environmenfal cleanup and restoration of the shoreline_
c. The alteration of a shoreline to create additional shoreline arEa is prohibited.
d. All new uses and activikies or redevelopment of existing uses shall not reduce existing public access.
e. No structure in the shoreline area shall exceed 35 feet in height above the average ekevation of land
in the shoreline area, except where additional height is specifically, ,authorized.
r
f. Slash and debris and other waste products resulting from a use acfiv'ity, or;land clearing activity shall
a: i ' ~ n •.i -
be removed from the shoreline area immediately follawing;cessation,of said activiry, as limited by the
provisions of. WAC 222-30-020 and SVMC 21.40.020. pebris and waste'p roducts shall not enter into
the water and interfere with the regeneration of forest vegetation., All buming shall comply with
Spokane County Air Pollution Control Agency requirement's:~;'1
g. No more than 10 percent of the portion of property within a sho_'reline area shall pe_occupied by
impervious imProvementS.
~
h. Tillage and application of fertilizers and chemical pesticides with n1.OO.f;eet of the ordinary high water
~ ,
mark is prohibited. n ,
r,. i '
81 tUti*
i. A 100-faot or greater buffer strip of natural vegefation shall.be maintained'along the waterfront to
tt,r r•t.. w
prevent erosion and protect water quality and fs : h habitat, except:
i. Bridge and utility crossings (50 feet);
ii. Pathtivays of four feet or less in,wiiith p~ovidin~ access to the water on slopes of 5% or less;
iii. Access to watercraft launches a'ailable for usebby the general public or
~ .
. J? 3 H~~Fl''=,.i~a.''
,fi i,
iv. Hand removal of noxious.weeds which does not result in a net-loss of shoreline ecological
z
~ of water quality. Us'e"of herbicides shall require fhe wrrtten prior
function or cause degradation~,
approyal of;t'he Washington Department of EGOlogy.
1+ I i h~i 11 'i , ti 4` .7 1 \9
J"
3. Conditional Uses:l➢
&~'r~` ,:O
In add,'i~tion,to meeting the requi~ements for permitted uses, uses for which a Conditional Use Permit are
appro'v,ed, shall also be requirec! to, comply witFi t'he follo+xing provisions:
Q 1a: Z~ t ;t1
a.,Conditional uses shall not result in any loss of ecological function. The Hearing Examiner may
~ o 4 ti, ~ . j : -,I
prescnbe methods, timelines 1and such other conditions as may be necessary to preserve ecological
furiction and {and use compatibility. Any failure to comply with the conditions imposed by the Hearing
Examiner,will*result in the a,utomatic revocation of the permit.
~ ~
b. Mining of sa'nd';~ gravel, soil,!or minerals landward of the ordinary high water mark is peRnitted only as
a conditional~us'e,,provided the following conditions are met:
~ ~i.I i~ j.t~
Page 34 of 57 - P:tCommunity DevelopmentlPiannfng Commission12007 PleetingslPuWlc Heanng DraB TiBe 21 Envlron Controls.doc
Draft Title 21 01-23-200T Pubfic Hearing Draft Title 21 Environ Controls
l-.
i. The provisions of the Surface Mining Act, RCW 78.44 and WAC 334-18 shall be met for any
surface mining, including that which affects less than 3 acres or produces less fhan 10,000
tons in any 12 month period. Where surFace mining is noi subject to the RCW 78.44 permit
process the shorelines substantial development permit process shall be utilizetl to require
compliance to surFace mining provisions of RCW 78.44,
ii. Surface drainage and wastes resulting from mining oRerations shall not be discharged into
streams or water bodies without treatment to remove suspended solids and organic matter
consistent with applicable local, state and federal pollution control and water quality
regulations. iii. Cleaning, sorting, separation, and storage operations shall not be conducted within 100 feet
of the ordinary high water mark. t~
- rj~'T
_ c. Parking_ No more than 10 percent of the portion of prope y,
rtjwithi 'n;a_shorelme area shall be occupie~d
. by impervious improvements. ~
- ! { ~
d. Single Family Residential. ti ~},V~ ~ ~
1J I ; y .
i. No residential or accessory structure shall be erected within 1d0 feetof,the ordinary high-
water mark. v?t,
ii. No on-site wastewater disposal systems serving nei,r single family dwellings'slia l be
pennitted within 200 feet of the ordinary high water mark'' Exisrting single famify dwellings
.
within 200 feet of fhe ardinary high vrate ymark~'shall connect imm-~~diately to a public
wastewater collection located within 300 feet' ofjtlie-property.
e. A conditional use permit may be approved oniy'upon a fin~ding.that:
`!r',
i. No reasonable altemative conformi~ng use is-practical;ian',
`7''
ii. The proposed use will be at.least as' consi'stent as the~reexistin use with the olicies and
provisions of the Shoreline;Management%Act and the'Master Program and as compatibfe wifh
the uses in fhe area. Y
V1.l}
iii. The proposed use will~not mterfere with the norrrial public use of public shorelines;
'
iv. T~he p`_roposedJuse of the-site and design of the praject is compatible with other authorized
, uses within t~e area and withYus'es planned for the area under the comprehensive pfan and
phoreline master pr.ogrl2m;
~ .
v:/The proposed use'will~cause no signifcant adverse effecks to the shoreline environment in
, y- e•..,.~
which if is to be focsteci;jand •
11"=:a
~vi, The public interest suffers no substantial detrimental effect.
In tFiejgranting of all conditi nal,;use permits, consideration shall be given to the cumulative impact of
additonal;~equests for like;act'r`ons in the area.
3. Limited Uses~ I it ~;~A.~i~
In addition to meeting tfie'lequirernents for permitted uses, uses allrnved on a limited basis, shall also be
required to comply with the following provisions:
a:
a: New over-water structures shall be allawed only for water-dependent uses, public access, or
ecological restoration. The size of new aver-water structures shall be limited to the minimum
necessary to support the structure's intended use.
b. All developments and uses on navigable waters or their beds shall be located and designed to
minimize inferference with surface navigafion and public access, shou(d consider impacts to public
. views, and aliow for the sefe, unobstnrcted passage of fish and wildlife, particularly those species
' dependent on migration. ( c. Boathouses are prohibited:
d. Use of over-water and floating structures as a residence is prohibited. -
Page 35 of 57
F:1Community DevefopmentlP9snrdng Commission12007 hAeetingslpublic Flearing Draft'Iitle 21 Erniron GonUols,doc
Draft Title 21 01-23-2007 . Public Hearing Draft Tit1e 21 Environ Controls
e. Except for permitted or legal non-conforming marinas, docks, and bridges, no over-water structure ~
shall be erected in shoreline areas unless it is consistent with all applicable requirements in this -
regulation and the goals and policies of the Comprehensive Plan.
f. New docks serving residential lots shall be prohibited. Replacement docks shall be limited to 100
square feet in area and shall be located parallel to the shoreline.
g. Over-water structures shall not interfere wfth stream navigation.
21.50.30 Specific Provisions AppliGable to All Shoreline Environments _
The following additional provisions are applicable to all shoreline environments in addition to all other applicable
regulations of this Code.
1. Signs.
a. On-premises business identifcation signs shall be design,ed}tyo blend.in~wi#li the natural environment
and shall be affxed to the portion of the business stnicture facing awayy, Gm the water, and shall not
~ `n
exceed 20 r~! r
square feet. ~ 1,~~
v
b. Signs erected by government agencies required to provide"direction, protect the public health, safety,
and general welfare shall not exceed 20 square feet in area~and shall be design 'ed to minim ~¢e the
visual impact to the shoreline area. 1 ~
v r~~
c. Signs shall not obstruct views of the shoreline from the, surface af the;wa ,~ter, and except for
~ri, lb~f,- -~-~ti
navigational aids, no light source of any sign shall.be visible from the s,urface of the water. Only
4,01,,,.1.,n,>
navigational or directional signs informing boaters.of'servicesYSUCh as fuel and moorage, and
government agency signs shall be visible fra.'m the shoreline:area or the suiface of the water.
sf~''rl1 ~ J' Ib tj , r,.
d. Signs shall not e~end beyond the face of a, building or,aboves;roofl?ne. ~'.l~
e. Signs shall not move or rotate or have lights Which blink or flason'and o ff intermittent ly. ,
r pI" k 11
t I l1 V~ v
2. utilities.
n r,
b~ted within 100 feet of the ordinary high water
a. Ground percolation areas or:dramage swales are p~~hli .
marlc. 0
~t_:Y-.
b. Community,water treatment or community wastewrater treatment facilities shall not be located within
'~"rkY t l
200 feet::of the ordinaryl,high, water ma ,On-site systems serving existing single family dwellings
shall-be permitted until"pulilic~collection'sy,stems are available ~vithin 300 feet of the property. Except
ror~o~utfall lines, wafedwastewafer treatment facili4ies and collection lines shall not be located
watenvarci of the ordinary high~water mark.
r gSI ;~,i~ 1':~~i:ti
c. ~An,overhead electrical transmiss~on line may traverse a shoreline only when necessary to cross a
sfream,with an approved Conditional Use Permit. Underground stream cfossings shall be installed
and, stiall ~enter and emerge;to'and from the ground not less than 50 feet landward of the ordinary
high wa cer mark. Facilities ~yhich constitute the final termination or destination of a fransmission line
shall not be located in,any,Shoreline Area. Overhead electric transmission lines traversing
°Shorelines ofiSfate: wide Significance" shall have their conductors marked with daytime obstruction
markers wheieve~ the ~spans through the Shoreline Area exceed 200 feet.
d. Pipelines shall cross streams either by being constructed on public roadway bridges or by being
construcied below-the stream bed. Underground pipelines shall enter and emerge to and from the
ground not less than 50 feet landward of the ordinary high water mark. The construction of bridges
solely to support pipelines is prohibited. New pipelines shall use preexisting utility easements, to the
extent possible.
e. Electric distribution and communication cables shall be installed underground.within the shoreline
area. -
3. Roadways
Page 36 of 57 • -
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, a. Roads shall be maintained in a manner which prevents degradation of shoreline eoological functions_
b. Landfilis and end abutments for bridges shall be placed not less than 50 feet landward of the Ordinary
High Water Mark at an elevation above the 100 year flood event. Abutments shall be designed so that
the flawr of floodwaters shall not be restricted. The design of landfills and end abutments for bridges
over streams shall prevent the accumulation of debris upstream of the bridge.
c. Bridges across Shorelines of the State shall also be designed to acvommodate pedestrian and
bicycle traffic. Other roads shall provide a space not less than three feet in width for the dedEcated
use of pedestrians, bicycles and animals.
4. Fill
Fill shall be permitted only in connection with the restoration or enhancement of shoreline ecological
functions and where necessary in the interest of an averriding public t;jeaessity,;fprovided that
rTT a. There is no net loss of ecological function; r,-~
. i
b. Erosion control and bank stabilization measures are recpii-ed; r~~(Y Q,{•
,"K.
c. No fill shall extend waterward of the Ordinary High Water Mark;^and
d. No fill shall be permitted within the limits of the 100 year flood'event;
ti&J~,uti, ~LJ.~
e. Dredging and dispasal of dredging spoil may be permitted only in connection with the restoration or
enhencement of shoreline ecological functions, excephas necessa'ry,for.purposes of navigation, or
improvements associated with permitted water-reGtedi~ecceation provid`ed that:
5.~.~~' ~'I, ; i W it ' ~ i
i. There is no adverse effect on water quality or littoral (shallrnv near shore) and riparian
habitat; and d'
ii. All dredging spoil and dredging equip'ment is~ removed;witf%in ten days of the completion of
. dredging operations.
~ - 6. Shoreline Protection
a. New bulkheads are prohibited.,, No existing bulkliead may;be enlarged.
~ =u~l-
b. Bank stabilizatiornshall only be undertaken after evaluation and written bank failure report from a
it~u:
qualifed ;engineering,firrtt:
J+ ; ,
c. Bank'stabilization shall tie~,eonducted,using only biotechnical (soil bioengineering) design approaches
incorporating native plant' ma~enals, unless;itlis demonstrated in the bank failure report that a
botechnical design will notpredent fufure ~a'nk failure.
a. ,
21.50.035~~ Shoreline Substantial Development Permit Required.
A Shoreline Substantial Development Permit~fshall be required prior to any development within the Spokane
Valley shoreline; subject to the following:
1. Any new development, or any.modification in a use or activity that may result in a net loss of ecological
function shall req'uire:an enviro'nmentat assessment prepared by a qual'rfed ecologist. 'fhe assessment
shall include the following;information:
N r.~r(y
a. a description ofthe existing ecological characteristics of the site to include but not be limited to soil
characteristics, type and extent of vegetation, slope, wildlife habitat and such other characteristics
deemed appropriate by the Director based on the unique features of the site;
b. an assessment of the functioning condition of the shoreline prior to disturbance of the shoreline
by the proposal;
c. an assessment of the specific impacts of the proposal on the shoreline's ec,fllogical functioning
condition; d. a specific strategy to restore shoreline ecalogical functions lost as a result of the proposal to
include the scientific aasis of the recommended strategy. The strategy shall identify a restoration
timetable; and
Page 37 of 57
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Draft Title 21 01-23-2007 , Public Hearing Draft Title 21 Environ Controls
.
e. a site plan which fully illustrates the proposed shoreline function enhancements and shall be ~
drawn to scale and precisely show all site and off-site alterations and enhancements.
2. A Shoreline Permit is valid for a period of up to five years, provided that substantial progress in project
development occurs e++ithin two years of the date of issuance. Where substantial progress has not been
demonstrated without good cause, the permit shall lapse.
3. The following activit.ies are categorically exempt from the requirement for a Substantial Development
Permit but may require a conditional use permit or approval of a variance:
a. Maintenance and repair of existing structures for the protection of single-family residences; b. Emergency repairs;
c. Public improvements in aid of navigation;
d. Survey an d geop hysica l tes ting in a dv ance o f deve lop m e n t; !N~
.y. 1','~.;I~
e. Removal of noxious weeds authorized as by the Washington Departme,nt of Fish & Wildlife.
ti 1: , I,~, `y ~ ;
f_ Shorefine restoration projects (See WAC 173-27-040(2)(0)){~;'
21.50.060. Non-conformin9 Use or DeveloPment
d ~ ~.:~.+.f:,
1. "Nonconforming use or development" for purposes of this'chapter,means a shoreline'use or
development which was lawfully constructed or establ shed prior topthe'ieffective date of the act or
the applicable master program, or amendments.ther,eto}, but which does-not conform to present
re9ulations or standards of the Pro9ram.
`4,~ ~~ti :'~i .~9`~• ti~i~'
2. Structures that were legally established and;,are used+afo~,a~conforming use but ~vhich are
nonconforming with regard to setbacks, buffers or yarcis; are,a;j~tiulk~ height or density may be
maintained and repair2d and may be enl2rged or ezpanded prov,ided fhat said enlargement does not .
increase the extent of nonconformity,~,by further encYoachingfup~on or extending into areas where cronstruction or use would not be allovired for new,1dJevelopmrent or uses. ;
n . i~ ~ci4 ,3. Uses and developments tha trwere legally established, h.andoare nonconforming with regard to the use
regulations of the master program,,may continue as legal nonconfortning uses. Such uses shall not
be enlarged,orj expanded, except ttiat%nonconforming single-family residences that are located
IandwaAd:ofj~heiord ~na~ry;high water Finark may be enlarged or expanded in conformance with
appl~cable bulk and dimen.sional standa,r'ds by the addition of space to the main structure or by the
addition of normal appur'te`nances as defned.in WAC 173-27-040 (2)(g) upon approval of a
coriditional use p@rmit.
use which is listed as a condit'onal use but which existeci prior to adoptian of the master prograrn
o~'any relevant amendmentkan~d for which a conditional use permit has not been obtained sh211 be
I.,u ic ' ~ n 1_ ",J
cons~idered a nonconforming, use. A use which is listed as a conditional use but which existed prior to
the'applicability af the masfe i 1,4 program to the site and for which a conditional use permit has not
beeri obfairied shall be eonsidered a nonconforming use.
; ~n' ,T ;
5. A structure for`which a; vanance has been issued shall be considered a legal nonconforming
structure and th'ea,requi`rements of this section shall apply as they apply to preexisting
nonconformities.;~ ~O;'
6. A structure which is being or has been used for a nonconforming use may be used for a different
nonconforming use only upon the approval of a conditional use permit.
7. Conditions may be attached to the permit as are deemed necessary to assure compliance with the
above findings, the requirements of the master program and the Shoreline Management Act and to
assure that the use will not become a nuisance or a hazard.
8. A nonconforming structure vrhich is moved any distance must be brought into conformance with the
applicable *master program and the act.
Page 38 of 57 PACommunity DevelopmcntlPlanning Commiss(on12007 MeetingslPubOiC Wearing Draft Tiils 21 Environ Contrais.doc
Draft Title 21 01-23-2007 Public Hearing Draft TiNe 21 Environ Controls
9. If a nonconforming development is damaged to an extent not exceeding seventy-five percent (75%)
of the replacement cost of the original development, it may be reconstructed to those configurations
existing immediately prior to the time the developrnent was damaged, provided that:
a. Application is made for the permits necessary to restore the development within six months
of the date the damage occurred;
b. All permits are obtained; and
c. The restoration is completed within two years of permit issuance.
10. If a nonconforming use is disr.ontinued for finrelve consecutive monfhs or for twelve months during
any two-year period, the nonconforming rights shall expire and any subsequent use shall be
conforming.
11. An undeveloped lot, tract, parcel, site, or division of land located ~larnitward of the ordinary high water
marlc which was established prior to the effective date oftf%e Shoreline'11Aanagement Act or the . ~
Shoreline Master Pro~gram but which does not canfarm,to,the present ~ot~'size standards may be '
developed so long as such development conforms to all?other requirements~'of the applicable master
program and the act. 21.50.070. Conditional Use Permits ~~~.r 4`+~i~,ai~? _a~~J',c~~;,~.'~'~• i ~ y'
21.50.080 Variances
1. Requests for variances shall be processed in the same manner as any land use variance, provided
cil: i n ai i' Cx
howevert
, that the application for a variance shall(nof 6e deemed compleie;uniil the Department of
Ecology (DOE) provides wriFten acknrnvledgement to the;city:1hat applicanOias provided DOE with a
full and complete copy of the application. ~.q ry ~4 1 ;-~.i7;,
,S''1?
2. A variarsce may be considered onty in exirtaordinary c`rcumstances'~where it is determined that:
~U. ~ '
; a. The strict application of thebulk, dimensional or performancz standards set forth in the
r;ft
applicable master program precludes, orksignificanfly'~interFeres with, reasonable use of the
property; 3~~:~ ~'h~-;~
'/:Da 1 ~ ti
b. The hardship is specrfcally~ ;elated to the prbpe'~rty, and is the result of unique conditions
sucti,as'iRegular lot sFiape, s4ze, or natural features and the application of the master
A,,I program; andinot,, ~for exa`mPle;Ifrom deed restrictions or the applicant's own actions;
T, •1 ~ ; ~ ~i ; t~.,
~ c,. ~The design of th:e'p,roject is cor~patible with other authorized uses ~vithin the area anii with
i ' J✓` uses planned for tlie area under the comprehensive plan and shoreline master program and
will not cause adve`r's'e,impacts fo the shoreline environment;
??~1, ~
(,d. The variance will not constitute a grant of special priviEege not enjoyed by ttie other
, T
properties in the area~,9
~e,~•=~The variance requested is the minimum necessary to afford relieY and
1'17'
f. Ttie;Public interest'ivill suffer no substantial detrimental effect.
ti
3. In the granting of all variance permits, consideration shall be given to the cumulative impact of
additional requesiOor like actions in the area.
4. Variances from the use regulations of the master program are prohibited.
21.50.080 Enforcement
Enfarcement pracedures for violations of this chapfer shall be in conformance with SVMC 17.60.
~
Page 39 of 57 P:tCommurtity DevelopmcnllPfanning Commiss1on12007 A4ee1ingslPublic Hearing Draft T'dle 21 Environ Carttrots.doc
Draft Title 21 01-23-2007 Public Hearing Draft Title 21 Environ Controls
City of Spokane Valley SEPA Checklist ~
WAC 197-11-960 Environmental Checklist EhMRONMENTAL CHECKUST
Purpose of checklist
1'he State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires all govemmental agencies to
oonsider the environmental impacts of a proposal before making decisions. An environmental impact statement
(EIS) must be prepared for all proposals with probable signficant adverse impacts on the quality of the environment.
The purpose of this checklist is to provide information to help you and the~agency identify impacts from your
proposal (and to reduce or avoid impacts from the proposal, if it can be done)~ and ~to help the agency decide
whether an EIS is required.
lnstructions for applfcants:
T'his environmental checklist asks you to describe so~me,, ;basic;1nformattion, 'about your proposal.
Govemmental agencies use this checklist to determine whether the'environmental impactsY of yo 4r, proposal are
significant, requiring preparation of an EIS. Anstiver the questions briefly?,with.the most pr`ecise. infoRnation knrnvn,
iM}: n 1 v, y` . r 11
or give the best description you ca n.
You must answer each question accurately and carefully, to the best of,youc,knowledge. In most cases, you
should be abke to answer the quesfions from yaur own observationsorFproje~ct plans.wdhout the need to hire experts.
If you realfy do not know the answer, or if a question daes n,ot-'appfy~~to~your propo'sal;,.v`~rite "do not knovd or "does
not apply." Complete answrers to the questions now may avoid unnecessary , delays IaterJ~
Some questions ask about govemmental ~e`g~ulations,~,~~ such:~}asp aoning,shoreline, and landmark
designations. Answer these questions if you can. If youzFiave proble,ms, the; govemmental agencies can assist you.
l"he checklist questions apply to all parts of youep~roposal;.:even if you plan to do them over a period of time
or on different parcels of land. Attach any ad"ditionali infomiadon that1will lielp describe your proposal or its
environmental effects. The agency to whichlyou,'submit thLs~checklist;may ask you to explain your answers or ~
provide additional information reasonably related to determirnngrif there may be significant adverse impact.
a, ' ,i,L 1~. 1~•
Useofchecklistfornon-projecfpraposals:d.l;.,,
„
Complete this check.li~t~,for, non-projediproposals, even though questions may be answered "does not
apply:" IfJ ADDITION, COt1lpletB,:fh2-SUPPLEAIEN7AL SFIEET,FOR f~fOP!-PROJECTACTIONS (paft D).
~.b]c-'rr i j ' c~ : i ~ ~
For non„pyroject actions, the; references in the'checklist to the words "project,' ' applicant," and "property or
site" should be~read as proposal," "prop.oser. and "affecled geographic area, respectively.
A. BACKGROUNM.
j
1. Name'ofproposed project, if applicable
71~1
.
2. Name of appyicant:,
v, t;3. Address and phone`nuf~ber,of applicant and contact person:
~;'S i
4. Date checklist prepared: 5. Agency requesting checklist:
6_ Proposed timing or schedule (including phasing, if applicable):
7. Do you have any plans for future additions, expansion, or furiher activity related to or connected with this
proposal? If yes, explain. . ' Pago 40 of 57
P:1Community DevelopmenflPlanning Conimissionl2007 MeetingslPublic Hearing Drafi'RUc 21 Environ Controts.tioc
Draft Title 21 01-23-2007 Public Hearing Draft Title 21 Environ Controls
8. List any environmental information you know about that has been prepared, or will be prepared, directly
related to this proposal.
9. Do you know whether applications are pending for govemmental approvals of other propasais directly
affecting the property covered by your proposal? If yes, explain.
10. List any govemment approvals or permits that will be needed for your proposal, if known.
~
, 11. Give brief, oomplete description of your proposal, including the Pyroposedzuses}and the size of the project
and site. There are several questions later in tihis checlclist that esk y~o,u~;fo d~s1cnb,e certain aspects of yaur
proposaL You do not need to repeat those answers on this page:(Lead agencies~ may modify this form to '
include additional specific information on project description.)
i~
:'location of yaur
12. Location of the proposal. Give sufficient information for a person to understand the prectse.
N .~rn~
proposed pro3eck, including a street addreas, if any, and section, taw~ ship, and range, if known. If a
proposal would accur over a range of area, provide the'rartge;or boundanes%f-the site(s). Provide a legal
description, site plan, vicinity map, and topographic.map;~iflreasonably available,,,While you should submit
any plans required by the agency, you are not required to duplicafe.~maps or detailed plans submitted with
any permit applicabons related to this checklist.
l, 13. Does the proposed action lie writhin,'the Aquifer,~Sensitive Ar'ea (ASA)? The General Sewer
\ J Service Area? The Priority~~Sewer ServicejArea? X'WSee: SpokanE County"5 ASA Overlay
y }~y
_ zone Atlas for boundaries).
~c<j
14. The followinq,auestions+suoplementtP~'art A.
a. Critic2l'Aquifer Recharge Area (CARA') /tiAquifer Sensitive Area (ASA).
'
v! ,i
Describe any~sy,stems, other'than those designed for the disposal of sanitary waste,
installed for the pvu,rpose of discharging fluids below the ground surface (indudes systems
such as those fo~.4fie disposal of Stormvrater or drainage from floor drains). Describe the
type of system,rthe~ amount of msterial to be disposed of through the system and the
~~,types of mate;ial',I kely to be disposed of (including materials which may enter.the system
inadvertently:,,through spills or as a result of firefighting activities).
2. WII' any;~chemicals (especially organic solvents or petroleum fuels) be stored in
abo~eground or underground storage tanks? ff so, what types ahd quantities of material
will be stored? '
3. What protective measures will be taken to insure that leaks or spills of any chemicals
stored or used on site will not be allawed to percolate to groundwater? 7his includes
measures to keep chemicals out of disposal systems.
4. Will any chemicals be stored, handled or used on the site in a location where a spill or
leak will drain to surface or groundwater or to a Stormwater disposal system discharging
to surface or groundwater'?
Page 41 of 57
P:1Cornmunity DevelopmenflPlanning CammissEon12007 PheetingslPubllc Hearing Draft Title 21 EnAran CoMrols.doc
Draft Title 21 01-23-2007 Public Hearing Draft Tifile 21 Environ Controls
b. Stormwater
1. What are the depths on the site to groundwater and to bedrock (if known)?
2. VViII Stormwater be discharged into the ground? If so, describe any potential impacts.
p i
C`.~1~,1''✓~ _
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~
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a.~~~'~,,, ~ •;~:Y~,~;,
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f~~{~~ c„ ItJ' ~7}~\ ~ I il
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Page 42 of 57
P:1CwnmWiry DevelapmenBPlaruiirrg Cominission12007 A9eetingsTublic I-learing Oraft'1111e 21 Fsviran CanUods.doc
Draft Tit(e 21 01-Z3-2007 City of Spokane VaNey SEPA Checklist
To Be Completed by Applicant
/
~
B. ENVIRONMENTAL ELEMEHT3
1) Earth
a. General description of the site (check one): ❑ Flat, ❑ rolling, ❑ hilly, ❑
steep slopes, ❑ mountainous, other
b. What is the steepest slope on the site (approximate percent slope)?
c. What general types of soils are found on the sfte (for example, clay, sand,
gravel, peat, muck)? If you know the classification of agricultural soils,
specify them and note any prfme farmland.
d. Are there surface- indications or history of unstable soils i the imedia e _
vicinity? -
.
If so, describe.
e. Qescribe the purpase, type, and approximate quantities ofyany;fiil~i~ng or
grading proposed.
Also indicate souroe of fill.
f. Could erosion occur as a result of clearing, co struction, or,ose?
~ if so, generalfy describe.
" g. About what peroent of the site w~ill,covered w►th impervio s surfaces after
project construdion (for example, a phalt or buildi _ gs
h. Proposed me.asures to reduce or-control erosian, or other impacts to the
earth, if any,:Q~
2) Air
a. WVha types of emissions to t~e,a'r would result from the praposal (i.e., dust,
•,automobile, odors, and industrral~ vood smoke) during constructian and when
theproject is compfeted? If,~any, general(y describe artd gnre approximate
quantit e°~ iown.
b. Are there any, off-site sources of emissions or odor that may affect your
proposal? Il
generra"y~describe. .
c. Proposed measures~to reduce or control emissbns ar other impacts to air, if
any:
3) Water
a. SurFace:
1. Is there any surface water body on or in the immediate vicinity of the site
(including year-round and seasonal streams, safhwater, lakes, ponds, '
wetlands)? If yes, describe type and provide names_ If appropriate, state
wfiat stream or river it flows into. • 2. WII the project require any work over, in, or adjacent to (tivithin 200 feet) the
Page 43 of 57
Draft Title 21 01-23-2007 City of Spokane Valley SEPA Checklist
To Be Completed by Applicant
described waters? If yes, please describe and attach available pians. ,
3. Estimate the amount of fill and dredge material that wouVd be placed in or
removed from surface water or vretlands and indicate the area of the site fhat
woukd be affected.
a. Indicate the source of fill material.
4. Will the propasal require surface water withdrawals or diversions?
a. Give general description, purpose, and approximate qu,antities if
kna+nrn.
~i~
5. Does the proposal lie within a 100-year floodplain? .''Ifso, note4location
on the site plan.
6. Does the proposal involve any discharges of waste materials, i to surface
waters? If so, describe the type of waste and anti icpated?; volume of
discharge.
b. Ground:
•~'i'~ ~ r ~I~
i;,. t:
1) Will ground water be witfidrawn, or will:•water be discharged to ground'
o-li,vr ,
water? Give general descript~on; purpos,e,and, ~approximate
quan6ties if known.
A
2) Describe waste material that willk,be`discharged;into the ground from septic ~
tanks or other sourcces, if any, (for example: Domestic sewage; industrial,
i9 ,~~a.~a
containing the following~E chemicals; agricu~tuira~l; etc:): Describe the
general size of the system; tliel,number of sucli systems, the number of
houses_to',b_ej~sqrved (if applicable),,or the number af animals or humans
the sysferii(sjlare~exp to serve~ *1\
c. Water~noff(including stormwa~er):
c ,
Qesc~ibe the source of rUno~~(including storm water) and method of
collection and disposal, if`a_ y(mclude quantities, if known).
. J' ~ere will this water flow? °
Will`tfiig'twater flrnv into'~other waters? If so, describe.
.
2) Could wasCe: rrl~te/na,; s enter ground or surFace waters?
If so, gene~adescribe.
d. Propased measures to reduce or control surface, ground, and runoff water
impacts, if any:
4) Plants •
a. Check or circle types of vegetation found on the site: •
a deciduous tree: alder, maple, aspen, other '
❑ evergreen tree: fir, cedar, pine, other ,
. n shrubs
Page 44 of 57
. Draft Title 21 01-23-2007 City of Spokane Vaifey SEPA Checklist
,To Be Completed by Applicant
_ . ~ grass -
D pasture
0 crop or grain
0 wet soit plants: cattail, butfercup, bullnush, skunk
cabbage, other
F-I water piants: water lily, eelgrass, milfoil, other
❑ other types of vegetation b. What kind and amount of vegetation will be removed ot altered?
c. List threatened or endangered species known to be on or near the s e.
d. Proosed landsca in use af native lants or other mea~ P P 9, p , sures to pre- nre o
enhance vegetation on the site, if any:
5) Animals
a. CirGe any birds and animals which have been observed on or near thesi e or
are known to be on or near the site:
❑ birds: hawk, heron, eagle, sflngbirds, other..'
❑ mammals: deer, bear, elk, beaver, other ~
❑ fish: bass, salmon, trout, hercing, shelifish; other.
` ty
` b. List any threatened or endangered species known to be on or near the site.
c. Is the site part of a migra#ion rouA'`te? If so, explain.
d. Proposed measur.es,to preserve o~ ce wi(dlifie, if anY:
r- •r~.
6). EnerIt andjnatural resources~
.
a,fkinds of energy (electric~,n "~ural gas, oil, wood stove, solar) will be used
~to eet the completed projecnt,s~~;,~ nergy needs? Describe whether it will be
s2dt~or heating, manufacturing-;Cetc.
b. Would youri,project affec~he potential use of solar energy by adjacent
praperties?'K If s,; generally describe.
,r. .e c. What kinds of en~r`g' conservation features are included in the plans of this
proposal?
List other proposed measures to reduce or control energy impacts, if any:
7) Environmental health
a. Are there any environmental health hazards, including exposure to toxic
chemicals, risk of fre and explosion, spill, or hazarclous waste, that Could
accur as a result of this proposal? If so, describe:
f
1) Describe special emergency services that might be required.
.
Page 45 of 57
Draft Title 21 01-23-2007 City of Spokane Valley SEPA Checklist
To Be Completed by Applicant
2) Proposed measures to reduce or control environmental health hazards, if
any: -
b. Noise
1) What types of noise exist in the area which may affect yaur project (for
example: traffic, equipment, operation, other)7
2) What types and leve(s of noise would be created by or associated with
the project on a short-term or a long-term basis (for exampfe: traffic,
construction, operation, other)? Indicate what hours noise would
come from the site.
3) Proposed measures to reduce or control noise impa any.'
8). Land and shoreline use
a. What is ths currEnt use of the site and adjacent praperties?
_ ,j , .
b. Has the site been used for agricUlture7 If so, descri6e.
,
c. DesGribe any structures on the site. M1.,•
-;,+;c; • •
d. Will any structures be demolished? Ifwhat?
b • ''~'•M'Ft:
e. What is the curr2nt zoning class+fcation of fhe site?
,3 ~ ~ .
f ~
f. What is the current comprehensi;ve"~plan designation(if~theilsite?
• `ii e, .",`FCJrfr-
g. if applicable, what,is,~:the current~sfioreline master program designation of the
• C S ~Ir ~.`;,F~ y 1~
site.
~ 4, S'~'a. ~:I II~/'~I~, a 1•~. il~.
h. Has,f any' part of the sitep heen classifiedan "environmentally sensitive"
a~a?If so, specify.'~,~,.;;
i,i r11 ~ 1t..,
i. 9;Approximately how many p~op,le vrou(d reside or work in the completed
pfoject? ~6
~4,~ ~
j. Approximalely how many,people would the completed project displaoe?
~'i r,~ ..r•,j_.tr
k. Propose(i measures, to,
avoid or reduce displacement impacts, if any:
A,.
1. Proposed measures to ensure the propasal is compatible with existing and
projected land uses and plans, if any:
9) Housing
2. Approximately how many units would be provided, if any?. Indicate '
whether high, middle, or low-income housing.
b. Approximately how many units, if any, would be eliminated? Indicate
whether high, middle, or low-incame housing.
Page 46 of 57
Draft Title 21 01-23-2007 City of Spokane Valley SEPA Checklist
To Be Completed by Applicant
~ ~ .
J c. Proposed measures to reduce or control housing impacts, if any:
10). Aesthetics
a. What is the tallest height of any propased structure(s), not including
antennas; wfiat is the principal exterior bui{ding material(s) proposed?
b. What views in the immediate vicinify wouid be al4ened or obstructed?
c. Proposed measures to reduce or control aesthetic impacts, if any:
11). Light and glare a. VlJhat type of light orglare witl the proposai produce?
What time of day would it mainly occut?
b. Could light or glare from the finished project be a safery haza'rzd,or interfere
with views?
l f 'yt l
c. What existing off-site sources of light or glare may a eet~your propasal?I ~
1
d. Propased measures to reduce or control light~an" glare impa s, if any:
, 12) Recreation
a. What designated and informal r creational opportunitie` are in the
immediate vicinity? b. Would the proposed project displace any existing recreational uses?
!f so, describe.
JN
c. Propas'ed measures(to~feduce or con otximpacts on recreation, including
recreato opportunities fo`•6 Kprovided bythe~prajec# or applicant, if any: .
13). istoric and cuitural preservation
~
a. ArWthere any places or obje~crts~ isted on, or proposed for, nacional, state, or
l ptese(vation registers~~ own to be on or next to the sfte? If so,
. Syy~•
b. Generally tlelandmarks or evidence of histonc, archaeolagical,
gene ly dec;r~'C'Ultural,limportance
scien~ifc, o,,known to be on or next to the srte.
c. Proposed measures to reduce or conVol impacts, if any:
14). Transportation
a. Identify public streets and highways serving the site, and describe proposed
access to the exisfing sfreet system.
Shotiv on site plans, if any. b. Is site currentty senred by public transit? If not, what is the
~-approximate distance to the nearest transit stop?
Page 47 of 57
Draft Title 21 01-23-2007 City of Spokane Valley SEPA Checklist
To Be Completed by Applicant
c. Haw many parking spaces would the completed project have? Hrnv
many would the project eliminate?
d. Will the proposal require any new roads or streets, or improvements to
existing raads or streets, not including driveways? If so, generally
describe (indicate whether public or private).
e. VViU the project use (or occur in the immediate vicinity ofl water, rail, or air
irensportation? If so, generalty describe.
f. How many vehicular trips per day would be generated by-the~"campl► _
- project? If known, indicate when peak volumes wo6koccur. '
~ g. Proposed measures to reduce or control transportation imp, acts iflin
A A •15) Public services
a. Would the project result in an increased need for public serv?e es (for
example: fire protection, police protection, ealth care, Wools,
other)? If so, generally descnbe.
b. Proposed measures to reduce or control di ject impactsr n publ~c services, if
`
a ny.
16) Utilities
.
a. Check utilities currenUy availab e at the site: QQ'e e~t~cityvQ natural gas,
[]wafer, ❑ refuse servi 0 telephone, Q` san,itary.= sewer, [j septic
system, 0 other - describre~'~.~,~ ,
b. Descri eb ~tFie`utilities•~tfiah,are propose~,for the project, the utility providing
these~rvice, and th~ 9en"e'ral const ietion activities on the site or in the
. ;
immetliate vicinity whichrriiia it be needNed:
C. SIGNATURE
The above answers are truo and complete to the best of my knowledge. I understand that the lead agency
is relying on tFiem`~to,make its dec~sif4 ,
ona~ .
Signatur~e:
Date Submitted:
D. SUPPLEA7ENTAL SHEET FOR NON-PROJECT ACTIONS
(do not use this sheet for proiect ackions)
Because khese questions are very general, it may be helpful to read them in conjunction vrith the list
-of the elements of the environment. .
When ansurering these questions, be aware of the extent the proposal, or the rypes of activities
likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if
the proposal were not irnplemented. Respond briefly and in general terms. .
Page 48 of 57
Draft Title 21 01-23-2007 City of Spokane Valiey SEPA Checklist
To Be Completed by Applicant
~ .
1. Haw would fhe proposal be likely to increase discharge to vrater; emissions to air, production, storage, or
release of toxic or hazardous substance.s; or production of noise? a. Proposed measures to avoid or reduce such incfeases are:
2. How would the proposal be likely to affect plants, animals, fish, or marine life?
a. Proposed measures to proteci or canserve plants, animals, fsh, or marine life are:
3. Haw wouid the proposal be likeiy to deplete ertergy or natural resources?
a. Proposed measures to protect or conserve energy and natural resou 'sre:
~4. How would the propasal be likely to use or affect environmen Cally a as designated (or
eligible or under study) for govemmental protection; such asP Rarks,jldemess,wild and scenEc rivers,
threatened or endangered species habitat, historic or cuttural. sites, wetlands, ft~" oodlains;?o prime
farmlands?
a. Proposed measures to protect such resources or to avoid'or reduce impads are:
~\~'~~•:-f
r
5. How would the proposal be likely to affect land:;arid~shoreline~use?~~including whether it
tirrI_:.:
would allow or encourage land or shoreline uses in~raompatible ~vith~' existing plans~
a. I'roposed measures to avoid or reduce shoreline and land'. use impacts are
. fr~Gf1 iN,tir }'(I,
6. How would the propasal be likely to increase demands on:transportafion or public services and utilities?
a. Proposed measures to reduce orSrespond to such'iiemand(s~ are:
i
t r
7. Identify, if possible, whether the prop,osaI rnay conflic# ,with'local, state, or federal laws or requirements
for the protection of,the environment.
;•~;?';.!~l:~ z;''~ ~ ',,ri
E. SIGNATURE
~
' -c!:;'
I, t he u n d e (s~ i g n e d, swear un der pena l ty ~o f perju,`ry.; t ha t t he a bove respanses are ma de fruth fully and to
the bestlof.my knowledge. I also uride,;rstand that, `should fhere b@ any wilfful misrepresentation or wilfful
Iack of f,'ull`cJisclosure on my part, the agency may wifhdraw any Determination of Nonsignificance that 'rt
might issu_e in, reliance upon this check,~ list.
4J. 4t I,.-~ '~G t
Y
Date: YSigneture:
L~`i~.
Please print or type`
Proponent:
` • 1 Address:
Phone:
Person completing form (if drfFerent from proponent):
Name:
Address:
Phone:
Pege 49 of 57
DraftTitle21 01-23- 7 Community Development Department
S arY °F'B~~ 4~~ Planning Division
poKane 11707 E Sprague Ave Suite 106 Spokane Valley WA 99206 ~
,;,01OValley Phone:509.688.0036
Fax: 509.688.0037
SPOKANE VALLEY MUNICIPAL CODE
WAC 197-11-985 and SVMC Title 21, Environmental Controls
Notice of Assumption of Lead Agency Status
Description of proposal:
~
~ ~~'~•ei .
Proponent: ~~~~~~•,r~
Location of proposal:
_ 17
Initial Lead A9ency:
o
New Lead Agency:
~
The initial lead agency has determined~th~s proposal,C,was not likely to have signifcant adverse impaet on the environment, according~tojrts determination of noWsignifcance dated: 1
120
,
We have reviewed'Kthe~{environmentaf rctiecklist and related information. In our opinion, an ' '"~i=.,-:-^ . `1
E n v i r o nmen~-~lm'pact Statement (EIS) is~~red on the proposal because of the following
impaCts~ `
~
~
You are beingZnotifed that wre as~s me the responsibility of lead agency under SEPA, including
lrs~
the duty to prepare an EIS on the{~.i.3~ roposal.
Responsible Official-
Position/Title:
Address:
Date: Signature: ,
Page 50 of 57
Community Development Department
DraftTitle 21 01- 3-200~ Planning Division
~ Can'O''A„~ 11707 E Sprague Ave Suite 106
rJp naii Spokane Valley WA 99206
~ -~~ey° Phone:509.688.0036
• Fax:509.688.0037
Spokane Valiey Municipal Codc
WAC 197-11-965 and SVMC Title 21, Environmental Controls
Determination of Significance
A_nd :Itequest for Comments on ScQpe of EIS
Description af proposal:
/4, c b ,
Proponeot:
Location of proposal: IT?.b. A-'s
Lead Agency:
~
~ ~
h;1S Requircd. The lead agency has determined this pto,p s~al~is likely t: ~o.~have,a sigrtifcant adverse
~►i~ ~ ~a
impact on the environment. t1~, OFM romnen tal Impact "nt -IS) is required
ui~der RCW 43.21C.030.(2)(c) ~'i'il be prepard. An envi onmental cheelclist or
other materials inclicating lik enviro m'en~al impacts can be reviewed at our
_ offices. A-fordiscuffs'sion
The leaci agency has identifed the follovvin~'are ►n the~`~~bl~:
~,J'
Scoping. Agency, affected tribes an' 'mbers of the puliZc,,a,refinvited to comment on the scope of the
E,IS~ou may comment on alternatives, mitigation measures, probable significant
~-im'
v_cpacts and licenses-or approvals that may be requircd.
~ ~
Je__`,
'fhe ~nethod~iadline for giving~, }rour comme~nl,s is:
i
:,.y Y<
Respo:n'sible;~Uflieial:
r.: ~,.u,, ,
Fosition/'Ti Yhonc:
Address: N~~ A-1 /
,
llate: Signature:
You may appcal tlus detemSin'ation of sio ificancc to:
At (location): v Nlo Itster than (date):
By (method):
You should be prapared to make specific factual objections.
Contact to read or ask about the proeedures far SEPA appeals.
Page 51 of 57
Draft Title 21 01-23-2007 Commun'ity Development Department
Planning Division
SOoMpe 11707 E Sprague Ave Suite 106
Spokane Valley WA 99206
jVaHey- Phone: 509.688.0036
Fax: 509.688.0037
Spokane Valley A'Iunicipal Code
VVAC: 197-11-965 and SW, iC Title 21, }:nviratunenta1 Controls
Determination of NonSignificance
Description of proposal:
,
~
Property Owucr: '
AppliC3n♦ l. ±
'4 ' 1~
Location of pr~aposaL ~'s . ~ 1'•~ ' ~ .
.
0l.
~.ead Agency:
Il a•
etermination: `fhe City of Spokanc Valley adoptecl~,~Ordi"ice,Noh 4$, efflectivc; vfarch 31, 2003, that
implemented on an interim basis t_he Spokane Environmental Ordinance, effectivc Nlovember 19, 2002
e Ut, .ti 1-7) t'. a'.~
and it provisions. The lead agency has detennined4thal this proposal~do8`not have a Urobable signif eattt
adverse impaet on the envuonment. An Environm ental Impact Stalemcnt-(E-IS) is not requirecl under
RCW 43.21C.030(2)(c). `Chis decision .v.asImad'e,Fafter,ieview of a completed environmentxil checklist 3nd other informarion on file with the lead agency. This'informalicm'is available to the public on request.
r iv
- >~i~''• P I,1~.1 i1'✓
This DNS is issucd pursuant to W~(..~ 197-11-340(2); ttie~lead,agency will not act on tllis proposal for
fourieen (14) calend!-ir day,~rrom the'{;date.,issucd (helo~v). Comment, must be received by lhis
department no IateTittian;5:00Enm on: . ~a J~
ScoPiot~~. ~aileeted tri esfand, members iif fhe ublic are invited to comment ~n the seo e of tlie
~ Ag. f y P P
r.1S. You~may coinmettt on alternativ~l rnitigationo . measures, probable significant sdverse irnpacts and
licenses`oc;other approvals that rntty be(rec{uired.
~
r' '
-
Thc methodz<sncl deadlinc for giving Lti~yi:-<
ur comments is:
7..k~ ,
Responsible Official~;_ z~
~
Position/Titlc: Phone:
Atidress:
Date: Sigaalure:
You may appeal this detennination of signiteance to:
At (location): ' No ]ater thari (date):
By (method): ,
You should be prepared to make specific factual objections.
Conmct to re.ad or ask about the procedures for SEPA appeals.
Page 52 of 57
Draft Title 21 01-23-2007
Community Development Department
~,.~.'TA Planning Division
S1}Q1iQjle 11707 E Sprague Ave Suite 106 '
v, Spokane Valiey WA 99206
eJ Phone: 509.688.0036
- Fax: 509.688.0037
Spokane Valley Municipal Code
WAC 197-11-965 and Title 21, Environmental Controls
ADOPTION OF EXISTING ENVIRONMENTAL
DOCUMENT
' Adoption for: (check appropriatc box) ❑ Dt'N'S ❑ _ ET ❑ - +Other Description of proposal: f`~.~•.
~ i~•-~ ~
Proponent:
Location of proposaL•
~ r ,
v
Title of document being adopted: Y-nm ,
Agency that prepared document being adopted: =>;'Y
! Date adopted document was prepare : 1~`
Description of document (or po~rtion) being adopt~.e~d: 4
If document bein§-fatlopted~~~ has b~~e+gen challenged (WAC 197-11-630), please describe:
i 4VVV~ ~j~ .
ti'.r i
.
• r r..r_
r
~ ~I.~_ i
The document is available to b'e„read at (placeltime):
ih
I{~J '
CC,N.
We havti`idcnfifi~ and adopted this~dcument as being appropriate foe ihis proposal after independent
review. Tlie'document meets o~rR~envirunmental revie~~~ needs for the current propos3l and will
n
accompany the p\roposal tp thc cl~' /c;isio maker.
\rv~~ / ~a/
Name of agency ad'optingToocument:
Co ntact pe rs o n(i e okher Than Respnnsible Ortcial):
Phone:
Responsible Official:
PositionlTitle: Phone:
Address:
I`---f nA7T•.ISSiFED: STGNA1'[IRE:
Psge 53 of 57
Draft Title 21 01-23-2007
Community Development Department
Planning Division - '
'`~"(~ne 11707 E Sprague Ave Suite 106
►J
P P Spokane Valley WA 99206
,oo*%Uey° Phone:509.688.0036
Fax: 509.688.0037
Spokane Valley Municipal Code
WAC 197-11-965 and Title 21, Environmental Controls
Notice of Action r .
Notice is Given Under SEPA, RCW 43.21C.080, That:
Q % 3mot ~y or entity)
Took the Action Described in (2) Below on: _
1,,(Date) ~ .
~ •r r ~
~
1. Any action to set aside, Enjoin, review, or othenvise challcngel`~()'such~action on the~~rounds of
~•4n
noncompliance ~ti~ich the pruvisions of Chapter 43.21C RC\~J (Staie EnvUOmental Nolicy Act) shall be
commenced on or before:
2. Description of Agency Actions:
[5.7 1-7
KT ~~w
3. Description of Proposals (if not cov_ered by 2;~bov~
~
1-, lP i
•
4. Location of Proposal (A sulrc icri 1` ;,t~description Y .
~ aiven to locate the site, if any, but a
shoulii ltit „
complete legal description is nat required)-
..t`~.: .i•;tl~ ii.i.lr•:~7 ,w
. ~ ._V _ .l'..
i(1G;t. =-:Pl17'1t, I "1~ 1
dR ;1.Y. ~ - . _1•.
5. Type of{.Environmental Review Unde~Z'SEPA (I:nclude name and c{atc c~f any e~tivironmental
documents'II'q-°v
r
,
j ,ij , v 4~
6. Docu'menfs May Be Examined~}During Regular Business Hours At (Gocation, including
• tr ki1. I. 1'OOtil ilUlllb2l'' if~any): .f S'
7. Name of Agency; Prop~onent, or Applicant Giving Notice:
noin
~'i ,I y 1
y.
8. This Notice is Filed by:
Responsible Official:
PositionlTitle: Phone:
Date: Signature: - Page 54 of 57
Draft Title 21 01-23-2007
Appendix A
Pertinent WAC 197-11 Provisions
1. 197-11-040, Definitions;
2. 197-11-050, Lead Agency;
3. 197-11-055, Timing of the State Environrnental Policy Act process;
4. 197-11-060, Content of environmental review;
5. 197-11-070, Limitations on action during State Environmental Policy Act process; 6. 197-11-080, Incomplete or unavailable information;
7. 197-11-090, Supporting documents;
8. 197-11-100, Information required af applicants;
9. 197-11-158, GMA project review - reliance on existing plans, laws and regulations;
10. 197-11-164, Planned actions - definition and criteria;
11. 197-11-168, Ordinances or resolutions designating planned actions;-- procedures for adoption;
. 12. 197-11-172, Planned actions, project review; 13. 197-11-210, SEI'AlGMA integration;
14. 197-11-220, SEPAIGPAA definitions;
15. 197-11-228, Overall SEPAfGMA integration procedu es;,
16. 197-11-230, Timin g of an inte grated GMAISEPA p,rZOcess;
17. 197-11-232, SEPA/GMA integration procedures;for,p'r7eliminary planning, environmental analysis,
and expanded scoping; N
18. 197-11-235, Dacuments;
19. 197-11-238, Monitoring;
20. 197-11-250, SEPAIModel 7oxics Control Act (MTCA), integration;
21. 197-11-253, SEPA lead agency foytiMTCA actions;
22. 197-11-256, Preliminary evaluati~n;,i~,~,:
23. 197-11-259, Determination of nonsignificance-for MTCA remedial acxions;
24. 197-11-262, Determination of significance for,MTCAremedial~actions;
25. 197-11-265, Early scoping for MTCA r2medial actions; a~d
26. 197-11-268, MTCA inFe m~a ytions. hri v''? ; ~S~,a
2 7. 1 9 7- 1 1- 3 0 0, P u r p o s~ o f t t h i a r t ic l e; ~4~;~, ~ ~ ~
28. 197-11-305, Categorical exemptions;
29. 197-11-310, Tlirestiold determination required;i
~Mi:• J 7 si,1
30. 197-11-315, Environmental chenrcklist required;
1}
31. 197-11-330, Tlireiri?shald determination pro~cess;~~,
r, 11 1~~•1rt1t^t (
32. 197-11-335, Additional infomiation;cl;'',;~'q
33. 197-,1"1`-340;,Determination~of nonsignicance;,(DNS);
34. i97,`1'1=350, MitigatedYDNS,,
35,69711-355, Optional DNS` rocess;
~ ,
36:7;197-11-360, DeteRnination of,significance (DS)/initiation of scoping; and
37:~~197-11-390, Effect of ttireshold determination.
38. 197-1,1-400, Purpose'of4EIS;
39. 197=1~1~-402, General requirements;
40. 197-11;-405, EIS types;;';i i
41. 197-11-406;,EIS timi~g
42. 197-11408„S6oping; j'
43. 197-11A10, Expanded scoping;
44. 197-11-420, E18tpreparation;
45. 197-11-425, Style and size;
46. 197-11-430, Format;
47. 197-11-435, Cover letter or memo;
48. 197-11-440, EIS contents;
49. 197-11-442, Contents of EIS on nonproject proposals;
' 50. 197-11-443, EIS contents when prior nonproject EIS; '
51. 197-11444, Efements of the environment;
i--, 52. 197-11-448, Relations of the EIS to other considerations; -
53_ 197-11450, Cost-benefit analysis;
~ 54. 197-11455, Issuance of draft EIS (DEIS);
55
Drak Title 21 01-23-2007
55. 197-11-460, Issuance of fnal EIS (FEIS). ,
56. 197-11-500, Purpose of this article; ~
57. 197-11-502, InvRing comment;
58. 197-11-504, Availability and cost of environmental documents;
59. 197-11-508, SEPA register;
60. 197-11-510, Public notice;
61. 197-11-535, Public hearings and meetings;
62. 197-11-545, Effect of no comment;
63. 197-11-550, Speciflcity of comments;
64. 197-11-560, FEIS response to comments;
65. 197-11-570, Consuited agency costs to assist lead agency.
66. 197-11-600, When to use existing environmental documents;
67. 197-11-610, Use of NEPA documents;
68. 197-11-620, Supplemental environmental impact statement ; Procedures;
69. 197-11 -625, Addenda - Procedures;
70. 197-11-630, Adaption - Procedures; 71. 197-11-635, Incorporation by reference - Procedures;,~ v ':ri~►.~
72. 197-11-640, Combining dacuments. ,.4';•14!~ ;
73. 197-11-650, Purpose of this article; /i.l
74. 197-11-655, Im lementation;
75. 197-11-660, Substantive authority and mitigation;
76. 197-11-680, Appeals.
77. 197-11-700, Definitions;
78. 197-11-702, Act;
79. 197-11-704, Action;
80. 197-11-706, Addendum- 81. 197-11-708, Adoption; ~ ~l'.x'~.~'„;.r ~,~~~~j`~ .,~l,at• _
82. 197-11-710, Affected tribe; r,
83. 197-11-712, Affecting•. , ,,1 ~1 ~f d~. ~ ~ atlr'. l• 't'Y, iL=1 .l1 i.i~
84. 197-11-714, Agency; rj~,
i~ ~
85. 197-11-716, APPli~'afnt;~
86. 197-11-718, Built~e`nvironment;,i~
87. 197-11-720,,Categorical exemption;
88. 197-11-721,CIosedtrecordappeal;.,~~,
89. 197-11-722, Consol'dated;app
90. 197-1;1-724, Consulted'agency;
,,y.a r ;
91, 19/,j-.26,,CosUbeneftjanatysis;
92.,97_11-728, Couritylcity;' _~i,
931,,197-11-730, Decision.maker
94.~~197-11-732, Deparfinent; ,
95. 197;;11-734, Determination of nonsignificance (DNS);
96. 1971"11,,736, Determination of significance (DS); 97. 197-11; 738, EIS; ~~r ~,1
98. 197-11-740;PEnvironment;
99, 197-11-742,~Environmental checklist;
100. 197-11`-74,4, Environmental document;
101. 197-11=746, Environmental review;
102. 197-11-750, Expanded scoping;
103. 197-11-752, Impacts;
104. 197-11-754, Incorporation by reference;
105. 197-11-756, Lands covered by water;
106. 197-11-758, Lead agency;
107. 197-11-760, License; •
108. 197-11-762, Local agency;
109. 197-11-764, Major action; _
110. 197-11-766, Mitigated DNS;
111. 197-11-768, Mitigation; .
• 56
Draft Title 21 01-23-2007
.
112. 197-11-770, Natural environment;
113. 197-11-772, NEPA; .
114. 197-11-774, Nonproject;
115. 197-11-776, Phased review;
116. 197-11-778, Preparation;
117. 197-11-780, Privafe project;
118. 197-11-782, Probable;
119. 197-11-784, Proposal;
120. 197-11-786, Reasonable alternative;
121. 197-11-788, Responsible official;
122. 197-11-790, SEPA;
A\
123. 197-11-792, Scope; -,124. 197-11-793, Scoping;
125. 197-11-794, Significant;
126. 197-11-796, State agency;
127. 197-11-797, Threshold determination; 128. 197-11-799, Underiying governmental action. `I~q~
129. 197-11-800, Categorical exemptions;
130. 197-11-880, Emergencies;
131. 197-11-890, Petitioning DOE to change:exemptions.
132. 197-11-900, Purpose of this article; a''+{~
133. 197-11-942, Agency SEPA policies; ~-\4
134, 797-11-916, Application to ongoing actions`, y)
135. 197-11-920, Agencies with,ernironmental ezpertise;
136. 197-11-922, Lead agency,;rules;,., .
137. 197-11-924, Determining the lead; agency;
138. 197-11-926, Lead agency for"governmeFtal proposals;;i:.'.
139. 197-11-928, Lead agency for public ancl pnvate p~ropo§a{s',~~
140. 197-11-930, Le~ad ~agency for pnvate p~ojects wdti;one agency with jurisdiction;
141. 197-11-932;,Lead'oagen~ y for pnvate p~o~ects requinng' licenses form more than one
agency when oneiof the agencies is a county/2 ity;
142. 197-1,-,934;? Lead ageney{ for private'projects requiring licenses from a local agency, not
a county/city}'and one or morejstate agencie's;
143. 1 97-1 M56 ~ Lead agene'y, forprivate pro~ects requiring licenses from more than one state
"~1~ !`'~i.t.y~,
agency; .i.tl7
144. 197411-938; Lead agencies for specJficproposals;
145. 197-,1,1 ~9,.40, Teansfer of lead agency status to a state agency;
146".L; y'r 197-1;1=9,42,~Agr`eements on lead agency status;
147: 197-11-944', Agreements on division of lead agency cluties; •
148: 197-'i1-946, DOE r2solution of lead agency disputes;
149" 197-11-948, Assumption'of lead agency status
;1• : ,
{
✓
~
L 57
Public Hearing Draft Shoreline Master Program
, 8.5 SHORELINE MASTER PROGRAM
[To be incorporated into the Spokane Valley Comprehensive Plan]
8.5.1. Planning Context
The goals, policies and regulations of the Shoreline Management Program are promulgated
under the authority of and pursuant to the requirements of Chapter 90.58 RCW, the Shoreline
Management Act of 1971, Shoreline Master Program Planning Guidelines WAC 173-26 and
Shoreline Management Permit and Enforcement Procedures WAC 173-27, and Chapter 8-
Natural Resources of the Spokane Valley Comprehensive Plan
The Shoreline Management Act (SMA) further designates "natural r or segments thereof
that have a mean annual flow of two hundred (200) cubic feet,per second (cfs) and lakes of 20
acres or more in size, or more, as shorelines of statewide significance.
l/\\
The interests of all of the people of the State shall be eonsidered in the management of
shorelines of statewide significance. Accordingly, prefe~nce is givenlo uses and development
that meet the following principles: j i /
a. Recognize and protect the statewide interest over local interest;
b. Preserve the natural character of the sfio\i
c. Result in long-term over short-term benefits;\ \
d. Protect the resources and ec lo ogy~of the shoreli
e. Increase public access to publicly o ed-areas of the `shoreline; and
f. Increase recreational opportu n ties for the-public,on the,sh/orelines.
~g. Provide for any other~element as\defined in RCVV-90.58:100 deemed appropriate or
necessary
Pursuant to RC~ 9~58.100 th ~S /P shall in\u\ .
a. An economic development _element for the1ocation and design of industries, industrial
projects of statewide/significance,-transportation facilities, port facilities, tourist facilities,
commerc~and'other developents_that;are particularly dependent on their location on
/1' ~ use-of th \ e.shorelines of the state;
. A public access element'making provision for public access to publicly owned areas;
,preservation and enlargement of recreational
\ c~\A recreational element for,te
\ 7/
\opportunities, including but not limited to parks, tidelands, beaches, and recreational
areas;
~
d. A circ lation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other public utilities
and facilities, all-correlated with the shoreline use element;
e. A use elemeni which considers the proposed general distribution and general location
and extent of the use on shorelines and adjacent land areas for housing, business,
industry, transportation, agriculture, natural resources, recreation, education, public
buildings and grounds, and other categories of public and private uses of the land;
f. A conservation element for the preservation of natural resources, including but not
limited to scenic vistas, aESthetics, and vital estuarine areas for fisheries and wildlife
~ protection;
`
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g. An historic, cuftural, scientific, and educational element for the protection and
restoration of buildings, sites, and areas having historic, cultural, scientific, or , educational values; . ` "
h. An element that gives consideration to the statewide interest in the prevention and
. minimization of flood damages; and
i. Any other element deemed appropriate or necessary to effectuate the policy of this
chapter.
RCW 90.58,100 the SMP also requires that ~
~
"(6) Each master program shall contain standards goveming fhe protection of
singJe family residences and appurtenant structures againsf damage or Joss
due to shoreline erosion. The standards shal/ govem the issuance of
substanfial development permifs for shoreline pc~tectiori, including structural
methods such as construction of bulkheads„and nonstrucfura/ methods of
profecfion. The standards shall provide for'~7etliods which actiieve effective
and trme/y protection against loss or damage fo single family residences and
appurtenanf structures due to shorelirie erosron. The standarcJs shall_provide a
preference for permit issuance for measures to prt?tect single family
residences occupied prior to January 1\1992, where the proposed measure rs
designed to minimize harm to the shoreline riaturalenvironment."
In 2003 c 321. (1) The legislature fnds,that the fn al decision and order in EvErett
Shorelines Coalition v. City of Everctt and Washington,Sfate Department of EcolQgy, Case
No. 02-3-0009c, issued on January 9;,2003, by the central Puget Sound growth
management hearings board was a,case of frst impression,interpreting the addition of the
shoreline management_act into the growth management'act, and that the board considered
the appeal and issued. its final.order and tlecision without.tfie benefit of shorelines
guidelines to provide guidance `on the implementation of the shoreline management act and
the adoption•of shoreline master programs;
~
(2) This act is'intended to I affrm-the,legislature's intent that:
(a)Jhe shoreline man`agement,act be'read, interpreted, applied, and implemented
as=~uvhole eonsistent with decisions of the shoreline hearings board and
Washington courts prior to the decision of the central Puget Sound growth
management.heahngs•board in Everett Shorelines CoaJrtlon v. Crty of Everett and
Washrngton\t \e Depa~ enf of Ecology;
(b) The goals of the growth management act, including the goals and policies of the
shoreline management act, set forth in RCW 36_70A_020 and included in RCW
36\70A.020 by RCW 36.70A.480, continue to be listed without an order of priority;
an !
(c) Shorelines of statewide significance may include critical areas as defined by
RCW 3&-70A.030(5), but that shorelines of statewide significance are not critical
areas simply because they are shorelines of statewide significance.
(3) The legislature intends that critical areas within the jurisdiction of the shoreline
management act shall be governed by the shoreline management act and that critical areas
outside the jurisdiction of the shoreline management act shall be governed by the growth
management act. The legislature further intends that the quality of information currently
required by the shoreline management act to be applied to the protection of critical areas
within shorelines of the state shall not be limited or changed by the provisions of the growth
management act." [2003 c 321 § 1.]
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8.5.2 Scope and Application
--The Spokane Valley Shoreline Management 8 Restoration Program has been fully integrated
within the planning and regulatory framework of the City including:
1. The Shoreline Goals, Policies and Shoreline designations set forth herein and incorporated
into Chapter 8 of the Spokane Valley Comprehensive Plan.
2. The regulations set forth in Spokane Valley Municipal Code Title 21 Environmental
Controls.
3. The Official Shoreline Designation Map maintained in the Department of Planning &
Community Development included in Chapter 8 of the Comprehensive Plan.
4. Inventory and Assessment was conducted by Landau As s ciates, July 2005, adopted by
reference.
5. Department of Natural Resources Stream Typing,.2006.
. /
6. Department of Natural Resources Reclamation'Permit data.
7. Spokane County Conservation District Shoreline Inventory 8 Assessment, January 2005,
adopted by reference.
8. Shoreline Assessment for Spokane County Lak\ , URS Corporation, December 2002,
adopted by reference. ~
8.5.3 Existing Conditions \
8.5.3.1. Shorelines of Statewide Signific\a\nce
~
1. The Spokane River is the only Shorelme of~Statewid Significance,within or adjacent to the
City. Reaches within the ~u ir sdiction of the City~include portions of Reach 3 and 8, as well as all
of Reaches 4 though,7, identified and evaluated b the S okane County Conservation District.'
The condition of the ~ver is desc~nbed in the~\follow ng table:
Length
(river\ PFC ~ Ecological Restoration Development
Rcach miles) ~ S\nuosity/---,_Ratio -Rating./ Rating Potential Risk
Low~ Hogh~1~P_EC I Fair-good I Fair-poor I High
4~ 4.9-,, Moderaie\ I High PFC ~ Fair ~ Falr-poor I Hlgh
li ,5 3.2 \Moderate\ High PFC ! Fair-good Poor I High
6\ I 2.8 I\*4erste 'Nlgh PFC I Paor-fafr Fair-goo-d I Hlgh
7\ I~ 2,3 Low ~ Low ~ FAR ~ Poar-fair I Paor-fair I High
B~,. \1.2 I ~t Law, Low I PFC I Fair-good ( Low-N!A I High
~ ~ ~ - - - -
W/D Width/depth ratio. `
PFC Proper iunctioning condition.
FAR Fundional~at-risk.
N!A Not applicable.
Red text indicafes high priority reach
2. The statewide interest in preserving the natural character of the shoreline is supported through
most reaches within the jurisdiction of Spokane Valley by the Centennial Trail, located on the
south shorE, which provides recreational opportunities as well as public access to publicly
owned areas of the shoreline. Increased public access and recreational use may require
additional attention to maintenance and conservation to protect the ecology and resources of
J-
' Shoreline Inventory & Assessment, Spokane County Conservation District, January 2005.
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the shoreline. The portion of Reach 7 downstream of Plant6s Ferry Park is a prime candidate
for a mixed use redevelopment. The development of Myrtle Point Park should be designed to
off-set ecological degradation resulting from past industnal uses and future redevelopment. "
The north bank of the river through Reaches 5 and 6 is primarily industrial with adequate
setbacks from the river. Residential properties on the north bank of the river are separated
from the river by the property owned by the Washington Department of Parks and Recreation.
3. Factors to be considered pursuant to RCW 90.58.100 were incorporated into the designation of
Shoreline environrnents and the goals and policies that follow.
8.5.3.2 Shorelines of the State
1. Shorelines of the state in Spokane Valley include Shelley Lake and two permitted aggregate
surface mines with operational mineral resource recovery~ p~ ti\s\ progress.
a. Shelley Lake: The shoreline of the 35.9 acre lake is descnbed as stable with little or no
vegetation, an absence of riparian and wetland vegetation and non-.furictional wetland area.
.
Water quality is poor with iron oxide deposits visible along shorelines\an'd basalt cliffs, with
significant potential for non-point source pollution:PFC rating is functional~atrisk, with a
moderate sensitivity to development and a\ gnifcant opport~nity and need.f~\~ storation.
b. Flora Pit: Water surface of 24.2 acres in 2006\with bare shorEline (Central Pre-Mix
PiUAcme Materials Reclamation Permit Nos. 700111,79 and 70012884- sand and gravel)
operated under a DNR SurfaceI Mining permit. Following closure of the pit, the reclamation
plan provides for restoration of the;site with revegetation with native plant species to be
maintained as a wildlife habitat. ~Speedway-Pit (Park/Thierman): Water surface of 53.8
acres with bare shorelines intrudes: nto the SpoRane Rathdrum aquifer. (Central Pre-Mix .
Pit/Acme Materials Reclamation Permit~Nos.,700,12085-and'70010226- sand and gravel) operated under a DNR Surface Minirig\perrriit/Fol wing closure of the pit, the reclamation
plan provides for~restoration ofthe site with~revegetation with native plant species to be
maintained as a wildlife habitat~ 2. Factors to be considered pursuant to RCW 90.58.100
were incorporateci into the desig'nation of\Shoreline environments and the goals and
policies that folI\
8.5.3.3. Standards fonProtectio-n of Reside- \ial~roperties fram Shoreline Erosion.
Single fam li y,residential,property, potentially affected by shoreline erosion is generally limited to an
arealocated west of the To\n of,Millwood adjacent to the Spokane River in Reach 7. The area
includes:27 lots, 20 of which inclu`de residential structures, 17 of which were constructed prior to
1992\Because of the dam;\ downstream~current is slow and the channel is vertically and laterally
stable. The Conservation District analysis observed that low water velocities, coupled with man-
made structures-along the banks, protect banks from erosion. There is no significant erosion on
the shorelines,of the forebay/pool behind Upriver Dam where the vegetation has been left alone.
An additional 3(~unimproyed residential lots are located east of Millwood and west of Myrtle Point.
Bio-engineered bank stabilization and protection/non-disturbance of native riparian vegetation
should be required to Pvevent shoreline degradation resulting from development.
8.5.4 Shoreline Management Environment Designations
8.5.4.1. Classification
1. In general. In order to provide a uniform basis for applying policies and use-regulations within
distinctively different shoreline designations, shorelines are classified based on existing
development patterns, ecological function, and the community's goals and aspirations.
The shoreline designation system classifies shorelines into three management environments,
Natural, Rural-Conservancy, Urban Conservancy, and Shoreline Residential. The system is
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i~-intended to permit continued development not inconsistent with maintaining ecological function and
character of the environment.
2. Natural Environment Uses
a. The Natural Environment classification is intended to protect those shoreline areas that
are relatively free of human influence or include intact or partially degraded shoreline
functions intolerant of human use.
b. Development permitted within Natural Areas is established in SVMC 21.50.
c. Significant vegetation removal that would reduce the capability,of vegetation to perform
normal ecological maintenance functions is prohibited. %
~
3. Urban Conservancy Environment \
a. The Urban Conservancy Environment classification is intended to protect and restore
ecological functions of open space, flood plain,and\other sensitive.lands where they
exist in urban and developed settings, wh~ -al ing a variety of,\m \tible uses.
b. Public access and public recreation objectives should be implemented whenever
feasible and where significant ecologi \ i\acts can bemitigated.
c. Priority is given water-related uses over n~-wate%on nted uses. For shoreline areas
adjacent to commercially navigable waters, water-dependent uses should be given
highest priority.
d. Development permitted within Urban Conservancy.Environment Areas is established in
SVMC 21.50.
` d. Uses that result in restoration ofecological functions,should be allowed if the use is
otherwise compafible with the purpose of the environment and the setting.
e. Standards should be established fot.shoreline stabilization measures, vegetation
conservation; water quality,'and shor`elirie modifications within the Urban Conservancy
designation:~
4 Shoreline Residential'Environment---_,
a. The Shoreline Residen/tial Environment is intended to accommodate residential
~ evelopmenf'and to.provide appropriate public access and recreational uses.
~
~ or.,\min mum frontage width, setbacks, lot coverage limitations,
b. Standards for,density\
~buffers, shoreline stabilization; vegetation conservation, critical area pratection, and
water quality are est'ablished in SVMC 21.50 to assure no net loss of shoreline
ecological functions.1
c. Multifamily and multi-lot residential and recreational developments should provide joint
use of'recreational,facilities.
d. Existing publ'c- a cess should be maintained consistent with constitutionally protected
private property rights.
5. Map 8.xx identifies Shoreline environments in the City of Spokane Valley identified through
detailed analysis and citizen participation. (See also Maps 8.xx through B.Xn. 6. Shoreline Restoration is addressed in an Appendix X.
% .
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8.6 GOALS AND POLICIES [fo be incorporated into the Comprehensive Plan]
Goal ~
SMG- 1 Use and Development: Encourage economic development in
shoreline areas which depend on their location or use being on the
shorelines of the state.
Policies
SMP-1.1 The location of economic development activities should be appropriate in
relation to other land uses and the ecological functions of the shorelines.
Sllif-1.2 Access and utilities should be designed to protect and/or enhance the
natural functioning conditions of the:shoreline-area.
SMP-9.3. Shoreline uses should consider t e environmental impact of their location,
distribution and design.
. SMP-1.4. All existing and proposed' ,d/evelopments should be providetl~with a full
range of utility services adequate to serve the developments and protect
against hazards to the public and the physical environment.
\ i
SMP-1.5 Adverse changes to the natural-character of the shorelines and
interference w\th the.public's use ~of publicly owned water bodies and
shoreline areas should-be_minimized:~ ~
Goal
.
SMG-2 - Public Access and Circulation: Provide reasonable and adequate
public access, both physical and visual, to the publicly owned
<shorelines)wtiile providirig for the protection of the natural
environment~and private, p'roperty rights.
Policies
SMP-2.1 ~~Phys\al and visual access to water should be preserved and increased.
/SMP-2.2. \Access. esign and spacing of access points should be based on the
ecological,function of the shoreline features and should pratect fragile
X shoreline elements.
SMP-2.3. Exceptfor carefulfy designed access points, roads, motorized vehicles
and'parking should be kept as far from shorelines as feasible.
SMP 2.4. N All circulation elements should be designed to minimize conflict between
~ modes of travel, particularly between recreation and through traffic, and
between auto, bicycle, and pedestrian traffic.
SMP-2.5. Corridors for transportation and utilities should be combined when
possible.
SMP-2.6. Vehicular circulation facilities should be on the upland side of
development whenever physically feasible.
SMP-2.7. Bike paths, foot paths, and bridle paths should be encouraged while still
protecting fragile shoreline elements. ;
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.
. . Goal -
SMG - 3 Recreation: Presenre, increase and diversify recreational
opportunities on the shorelines of Spokane Valley.
Policies
SMP-3.1 Encourage the preservation of shorelines for public use.
SMP-3.2. Both passive and active recreation should b jncouraged.
SMP-3.3. Public and private recreational uses should be consistent with maintaining
the ecological functions of the shoreli~ rie jesources to support such use.
Goal
SMG-4 Conservation: Preserve natural shoreline resources, ncluding but
not limited to scenic vistas, aesthetics, and areas v.ital,for fisheries
and wildlife habitat.
Policies
SMP-4.1 Unique and fragi\ shoreline and wetlands resources should be preserved
and natural and semi-natural open,spaces should be preserved and
enhancsd usirig best available science\\
SMP-4.2 Aesthetics, scenic vist\and itreplac able tesources should be
. . preserved. v
Goal
_
\V/;~Z
SMG - 5 Hi t rical'and Cultural: Identify, protect, preserve, acquire, and
<restore shoreline resources that have cultural, historic, educational,
or scientifc values.
Policies
SMP-5.,1 All acti o s withm shoreline areas should identify, preserve, and restore
\buildings; sites or areas that have cultural, historical, educational or
scientifc signifcance in accordance with all current applicable local, state
and federal're~ lations.
SMP-5.2 Public acquisition through purchase, gifts, bequests, or donations of
buildings or sites having cultural, scientific, educational, or historical value
shouldibe encouraged.
Goal /
SMG - 6 Shoreline Restoration and Protection: Rehabilitate those shorelines
where ecological functions have been degraded.
Policies
SMP-6.1 Develop and implement a program to restore the ecological functions of
degraded shorelines:
SMP-6.2 Developing and implementing a restoration program should be a
~ collaborative effort among public and private entities and interested
citizens.
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SMP-6.3 Shoreline restoration should include:
a. implementation of strategies to meet goals and priorities ~
b. benchmarks to measure levels of restoration, monitoring and
maintenance.
c. citizen education and involvement
d. encouragement of collaborative partnership of private and public
entities willing and able to contribute to the rehabilitation of shoreline
resources.
Goal
!
SMG-7 Ensure that no net loss of ecological functions will result from the
development and use of the shorelV s~~
Policies
SMG-7.1 Develop regulations and mitigation standards i n the sho~eline master
program to implement a policy~of no net loss policy.
SMG-7.2 Preserve priority habitat.~
SMG-7.3 Disseminate information regarding.the proper care and use of shoreline
resources to foster,stewardship\ ~
SMG-7.4 Restoration strategies may\include, but not be limited to, land banking,
shoreline acquisition (e:g;conservation.futures), conservation easements,
transfer of development rights and clustering~of development.
~ / ~
, to"achieve,a jno net loss of ecological .
SMG-7.5 Identify_mitigation measures\
Lfunctions" determinationy prior to issuance of development approvals
,(V1lAC 173'26-' t 201(e).
SMG-7.6:1 ~Monitor sho,reline uses to,assure compliance with the goals, policies and
use activity regulations of'the`Shoreline Management Program.
Goal
SMG 8 Encourage'good stewardship of shorelines
Policies \
\SMP-8.1- n ~
E courage estabIishment of Iandowner associations within each shoreline
designation.
SMP-8.2- Disseminate educational materials promoting good stewardship and
con~ uction practices.
SMP-8.3- \/Educate property owners, shoreline users and the development
\,community regarding shoreline management regulations.
Goal
SMG 9 Encourage Interagency Cooperation and Coordination
Policies
SMP-9.1 Provide educational information regarding programs on the website with
links to other agency programs.
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SMP-9.2 Encourage interagency collaboration and partnerships through Spokane
, County as the regional clearinghouse of shoreline protection and
restoration information.
SMP-9.3 Encourage public agencies to alert their clients about the existence of
other shoreline protection and restoration programs sponsored by public
and private agencies.
Gaal '
SMG-10 Special Flood Hazards; Manage special flood hazard areas to
enhance environmental quality and to min'imize the risks to life and
property. .
Policies
SMP-10.1 Minimize impacts of new development-on special flood hazard areas
through design that accommodates,flood events without property damage,
in accordance with the standa~ds and requirement~of the National Flood
Insurance Program. /
SMP-10.2 Maintain, protect and restore natural drainage system~ttrol erosion
and to protect water and environmental quality in conformance with the
Clean Water Act and the National Pollution Control Elimination Systems
(NPDES). \ ~
SMP-10.3 Retain, restore andenhance natural•v,egetation buffers adjacent to the
high water mark~of~a perennial or interm'ittent stream or other special flood
, hazar~dareas. ~ '\echniques, ~
SMP-10.4 Encourage.the use of 6ioengineenng trather than hard
/e/n~.
gi n ee ng strctures to stabilize the floodway.
~
SMP-10:5 Secial flood areas shall, b`e identified through hydrologic and hydraulic
study methods approvedlb~the Federal Emergency Management
Agency, . \ )
,SMP=10.5 Deelopment within-flood hazard areas should be required to mitigate any
-\adver`se\environmental impacts, both temporary and permanent, in
accordance with critical areas and flood plain regulations.
Goal \
\ ~ \
\ \
SMG-11 Private Property Rights: Recognize and protect property rights
\ consistent with the public interest.
Policies~ / ~
SMP-11:1 Encourage shoreline preservation and restoration with due respect for
~constitutionally protected private property rights.
i
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• Appendix XX ~
Shoreline Restoration !
Criteria for ldentifying Priority Projects & Mitigation.
1. Priority criteria include:
• Restoration meets the goals and policies pertaining shoreline protection and restoration.
• Restoration avoids residual impacts to other shoreline functions or processes.
• Projects address a known degraded condition. i~
• Conditions that are progressively worsening are of greater priority
• Restoration has a high benefit to cost ratio.
• Restoration is feasible, such as being located on and accessed by public properry or private
property that is cooperatively available for restoration:
i'
• Restoration measures shall not adversely~ p ct upstream or downstream properties.
• There is public support for the project.
~
• ThE project is supported by and consistent with other restoration~plans, such as those for '
Water Resources Inventory Are j57
~
2. The five components of a restoration project.plan shall at.a minimum include the following:
specific site plan, implementation, performance_assessment stcategy, adaptive management
techniques, and dissemination of results.
3. Mitigation strategies, both on-site and off,s te shall~be considered based on a detailed site restoration plan prepared-by a qualifietJ wetla \/npanan specialist-including:
• Plantig,of native vegetation that mimics the adjacent plant communities.
Com~m \ ities should include shrubs, trees, and herbaceous components.
• Minimal grading_or sloping-to_replicate natural topography.
,lr-Drip rrigafion to~increase survivablity of introduced vegetation. Use available
hydrology necessary for the reestablishment of vegetation where drip irrigation is
~ not ne \ss\ry
/
• Placemenfof small quantities of plant material in areas that have fairfy intact habitat
conditions to\improve function and value.
• Placement of tree and shrub habitat components that are focused in providing
~habitat connectivity or canopy cover for fsh and wildlife values.
Monit ro ingarnd/evaluation to include periodic watering, removal of noxious or
• invasiv e plants, and replacement of seed in areas of low grass reestablishment
e. Buffer Requirements based on Best Available Science; exclude encroachment into the
established buffer area as established in the SVMC 21.40.
f. Hydrology enhancemenUalteration provides re-establishment of natural hydrology to
include: •
• Culvert replacement removal.
• Dike removal or maintenance.
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• Artificial drainage removal (tiling, ditching, etc.)
' • Floodplain reconnection
• Barrier removal 4. Shoreline Restoration
• Stream
Rsach! Responsible Overslght
Ecological for Monitorin
MilesJAcreage Shoreline Impact SchedulelMethod 9
Dlsturbances Restoration
PFC
6 RR Bridge to Myrile Increased run-off, reduced 2012 through Spokane Ecology,
1.6 Point filtrafion caFability, water development Valley, Spokane
~a~ Ladcs riparian vegetation quality affected by nutrients mitigafion., ~ SRTC, Valley
due to development and and sedlmentation, loss of volunteer action, votunteers
perks habitat , ahd woik in
connectEon with
/ rail br6dge \
/construdion
6 Myrtla Point Increased run-off, reduoeci/ 2009 - In Spokarye Ecology,
0.6 Leck riparian vegetatfan fittratoan capabilily; waEer; conjunction with Valley Spokane
~a~ qualiiy aHected by riutrier~ts\ gark depment ' Valley
and sedimentation, loss of j
habltat
6 CentennEal Trail Increased run-off, reduced ~ 2008 Development Spokane Ecology,
0.6 Footbrodge to SV City ftltratoon capability, water \Mitigatfon VaUey, Spokane
~a~ Limits qualiiy,affected by nulrients Developer Vatley
Lscks riFarian vegeiaiion and sedimenf2tion, loss of
due ro devetopment habitat
, • r-~ Lakes/
Shelley Lake FragmentatiAn-of. -Loss of witdlife.habitat,/ 201 S~ Developer, Ecology,
A vegetative oommunities, `increassd runoH, lowered Shelley tako Spokane
(c) increase iri.imperviotts fiitration capab(lity,increasing Homeowners Valley
surfaces, mtroduction of nu`Iriersts and sedimersts AssociaPion
fertitlzers-and'posslbly ,flnwing to lake potentially,
herbicides~ ~ i reduCing tivate`quality and~
~ j - ~fsh-Ilfe~ - ~tV
Central Pre ~ Park 8 Thierman. % Active mining = Closure 20~Q8 RestoratFon in Gentral DiJR
M1x/ ~ con(ormanco with Premix
/ \ Reclamation Plan
- grading,
~ revege.ation
Flora Pit \ Flora and Sulllvan Active min(ng - Restoration in Central DNR
\ `Adlve graveUsand confotmance with Premix
RaGamation Plan
mining
- grading,
revegeiation
PFC: Properhr FunctEoning Condition/
(a) Properly Funotioning Condilian - VJhen adequato vegetation, landform, or Isrge woody debris is present to: dissipate stream
energy associated with.high waterflow, thereby reducing erasion and impraving water quality; filter sediments, captures bedload,
and aids in floodplain dsvelopment; fmprove flood-water retention and ground-wafer rechargs; develop roat masses that stabiliZe
streambanks against cutting action; develop ol+rerse ponding and channel charackeristics fo provide the habitat and the water
depth, duration, and femperature necessary for fish production, wa4erfowl breeding, and other uses; and supports greater
biodiversity.
(b) Functional-A! Risk - Ripahan-v+retland areas Ihat are in funttlonal condition, but an exisling soil, water, or vegetation attribute
makes lhem susceptible to degradation.
(c) Nonfunciional- Riparian-welfand areas that clearly are not providing adequate vegstation, landform, or large woody debris to
dissipate stream energy associated with high flows, and thus are not reducing erosion, improving water qualiry, etc.
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Shoreline Restoration Incentives :
The restoration plan must be coordinated with these other components of a master program.
Under the Shoreline Management Guidelines (WAC 173-26) restoration planning has a particular
purpose that exists separate from development regulations. The Guidelines focus restoration
requirements on the use of master program "policies," as opposed to °development regulations."
Under the guidelines, local governments are not required to plan to have individual permittees
restore past damages to an ecosystem as a condition of a permit approval for new development,
although the permittee must fully mitigate for any new harms. Restoration planning should be
focused on such tools as economic incentives, participation in public agericy resource
management programs, utilization of private funding sources and,public education.
8:5.5.5 Shoreline Management Regulations 6~\
Title 21 of the Spokane Valley Municipal Code (SVMC) includes regulati ons implementmg the
State Environmental policy Act, the Spokane Valley Shoreline Management,& Restoration Program
and Critical Area. These regulations require that proponents of new development (and some
exempt improvements) that disturb the shoreline environment prepare a report, prepared by a
qualified biologist, demonstrating that there will be,no`n\ loss of-ecological function: J
8.5.5.6 Protection and Restoration Monitoring
Spokane Valley will evaluate the effectivene \ of shoreline restoration and protection strategies
every 3 years in conjunction with the annual update of the Comprehensive Plan.
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~ ` - Appendix XX
8.5.6 Resources
Numerous public and private agencies have responsibility to protecUrestore shoreline ecological
conditions, maintain shoreline aesthetics, improve public access, and to maintain recreational
value as well as wildlife habitat. These agencies include but are not limited to the Spokane County
Conservation District, Inland Northwest Land Trust, WSU Cooperative Extension Service of
Spokane County, Inland Paper CompanylCentennial Land Company, Washington State Lake
Protection Association, Washington State Department of Fish and Wildlife, Washington State
Department of Parks and Recreation, Washington State Department of-Ecology, Natural Resource
Conservation Service, Spokane County, Avista Company, Northwest~Power and Conseroation
Council, Upper Cfllumbia Association of Indian Tribes, Washington State Department of Natural
Resources, United States Environmental Protection Agency,~nd the US Fish and Wldlife Service.
Spokane County Conservation District (SCCD) Programs:/
• Buffer Cost Share Program: includes different cost share rates on,npanan replanting and
other best rnanagement practices components (off-creek watering, fencing\,plants). This
SCCD program offers cost-share on such~practices as stream-side fencing, off creek
watering facilities, buffer plantings, grass only~Jrrigation weed control (2 yr maintenance).
Buffers may vary, but most are narrow strips of land, planted with permanent vegetation,
either grass, shrubs, and/or trees.
/
• Backyard Conservation Program: pcovided advice that will help transform a yard into a
natural haven for birds, blooms, and;beauty.-
~ • Water, Wetlands, Ponds Program: \.provides,information on water rights, water testing
' and maintaining local,watersheds. This program assisfs-landowners in the protection of
- wetlands and the de`sign,and.implementatio n o f artificial_ponds.
• Stewardship Incentive Program: provides financial assistance to support conservation
efforts of facmers, ranchers or small acreage,-owners. Through partnerships with state and
federal agencies;-the SCCD/can_provide access to assistance for conservation practices
such as irrigation,and water management, erosion and flood control, animal waste
management, and'habitat restorafion:--.~L
• Watershed-Co servationlHabitat Restoration Program: is funded by the Natural
Resource Conseniation Service to acquire trees and shrubs for planting in shoreline areas
to\habilitate the ecosystem:
Inland Nvrthwest Land Trust\(INLT)
INLT identifies fiigh ecological value land and negotiates long term conservation easements or
outright land par\a\s. / ~
Forestry RipariamEasement Program protects the qualifying timber and its associated riparian
functions with easements/
U
Washington Department of Fish and Wildlife (WDFW) has both regulatory and non-regulatory
programs that seek to protect, enhance, and restore shoreline areas, including:
• Backyard Wildlife Sanctuary Program is designed to help homeowners enhance
native habitat.
_ • Landowner Incentive Program (LIP) is a competitive grant process to provide
financial assistance to private landowners for the protection, enhancement, or
restoration of habitat to benefit °species at risk° on privately owned lands.
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• Watershed Stewardship Program (WST) coordinates resources in local planning and -
recovery efforts for salmonids.
Water Quality/Centennial Clean Water Program (Washington State Department of Ecology):
funds the Shoreline Inventory and Assessment Project and includes a Total Maximurn Discharge
Limits (TMDLS) assessment of the Spokane River.
Natural Resource Conservation Service [NCRS]
• Environmental Quality Incentives Program: provides technical, educational, and
' financial assistance to eligible farmers and ranchers to address soil, water, and related
natural resource concems on their lands.
• Wetlands Reserve Program Plant Materials Program provides native plants for
wetland restoration, water quality improvement, stream bank and riparian area
protection and other special conservation treatment needs Wildlife Habitat Incentives Program: provides ifnancial incentives to develop habitat
for fish and wildlife on private lands. Part cipants agree to implement a•wildlife habitat
development plan and USDA agrees to-provide cost-share assistance for the initial
implementation of wildlife hab'rtat devel opm\t practices~
• Watershed Program: works through local,govemment-sponsors providing technical
and fnancial assistance for watershed protection; erosion and sediment control, water
quality protection, fish and wildlife habitat enhancement, wetlands creation and
restoration,
US Fish and Wildlife Service
• North American. Wetlands Conse'rvation;Act Grants Program (NAWCA) supports
the long-term,protection=of wetlands and associated-uplands habitats needed by
waterfowl and otFier migr,atory birdsjin North America. .
• Partner fs or Fish and Wildlife (PFVI)\supports voluntary restoration of wetlands and
other fsh and'wildlife habitats on private land through public-private partnerships.
~N - - -y_ ~ ~
• Private Stewardship Program (PSP)`provides grants and other ass'istance on a
competitive basis,to-individuals and`groups for voluntary conservation efforts to benefit
feiierally-listed, proposed, or candidate species, or other at-risk species on private
/lands.
Spokane County
• Qpen Sp ce Taxation Program: pursuant to Chapter 84.43 RCW, this program benefits
owners ma\ta\ ing prop rty,l undeveloped or minimally developed.
• The Conservation Futures Program: provides a means for counties to acquire lands and
habitats important to'the,preservation of wildlife or lands having signifcant recreational, social,
scenic, or esthetic~ alues.
WSU Cooperative Extension Service (WSUCES) of Spokane County Realtor Education
Program provides information to realtors to clients regarding protection and conservation of
shoreline areas and encourages them to pass it on to their clients.
Master Gardner Training Program (WSUCES program) includes a block of information
pertaining to conserving and protecting shoreline vegetation and if replanting is necessary what are
the most appropria#e plantings (referred to as 'natural landscaping') that will survive and protect
and conserve shoreline functions.
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Washington Water Program (WSUCES program) website includes information regarding
' . streamside plantings which protect the shoreline ecology.
Washington State Department of Ecology (DOE) information addresses bank protection, native
vegetation protection and enhancement, noxious weed abatement, non-point source pollution
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21.50. Shoreline Management & Restoration Program
[To be included as part of the SV Municipal Code - Title 21 Environmental Controls]
21.50.010 Purpose 8 Applicability. The purpose of these regulations is to manage shoreline resources
within the City of Spokane Valley in conformance with the Spokane Valley Comprehensive Plan, Spokane
Valley Shorelins Management and Restoration Program and state policies applicable to Shorelines of
Statewide Significance (RCW 90.58.020 Shorelines of the State, and shore land areas pursuant to WAC
173-26 and WAC 173-27.
21.50.020 Permitted, Conditional of Limit,ed Land Uses.
~
1. Land uses within shoreline environments identified in the Spokane Valley. Shoreline Master Program
,
may be permitted, limited or conditioned as follows: / /
I Environment,,
Permitted Uses
LDi
~ o
/Z D U ~ ff
Commercial Uses N 1 - /I~ -
Non-water Recreation I ~ A -
Water-related recreation I I~ I •
Water-related Commercial-.,,
Water-related Industry
Roads
Utility Corridor
Parking C~
~Single Family`Residential C
Mufti-family Residential
TMining C, ~ C ~ C
Ovec-waterstructures-_ L I L
• ~Permltted Use L'" Limitad
~ Co dibonal
~ C Use Not Permitted
2\ermitted Uses. \ ~ ~
a~All~ ses and activitfes shall preserve or restore natural resources including vegetation, wildlife
habitat, or aquatic life and other sensitive resource features which are intolerant of human
activity,~
b. There shall-.be no netdoss of shoreline ecological functions as a result of new development. New
development shall,include environmental cleanup and restoration of the shoreline.
c. The alteration.of a shoreline to create additional shoreline area is prohibited.
d. All new uses and activities or redevelopment of existing uses shall not reduce existing public
access.
e. No structure in the shoreline area shall exceed 35 feet in height above the average elevation of
land in the shoreline area, except where additional height is specifically authorized.
f. Slash and debris and other waste products resulting from a use activity or land clearing activity
shall be removed from the shoreline area immediately following cessation of said activity, as • ~limited by the provisions of WAC 222-30-020 and SVMC 21.40.020. Debris and waste products
shall not enter into the water and interfere with the regeneration of iorest vegetation. All burning
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shall camply with Spokane County Air Pollution Control Agency requirements.
g. No more than 10 percent of the portion of property within a shoreline area shall be occupied by
impenrious improvements.
h. Tillage and application of fertilizers and chemical pesticides within 100 feet of the ordinary high
, water mark is prohibiteti.
i. A 100-foot or greater buffer strip of natural vegetation shall be maintained along the waterfront to
prevent erosion and protect water quality and fish habitat, except:
i. Bridge and utility crossings (50 feet); ~
ii. Pathways of four feet or less in width providing access to the water on slopes of 5% or less;
f
iii. Access to watercraft launches available for use by the genera\public or
iv. Hand removal of noxious weeds which does not result in a net-loss of shoreline ecological
function or cause degradation of water quality. Use of herbicicJes shall require the written
prior approval of the Washington Department of Ecology.
3. Conditional Uses.
In addition to meeting the requirements for permitted uses, uses for which a Condit~~ Use Permit
are approved, shall also be required to comply,with.the follaw j g provisions: ~
a. Conditional uses shall not result in any loss of ecological'function. The Hearing Examiner may
prescribe methods, timelines and such other conditions as may be necessary to preserve
ecological function and land use compatibility. Any~failure to compfy with the conditions imposed
by the Hearing Examiner will resuft in the automatic revocation of the permit.
b. Mining of sand, gravel, soil, or miner\als land.w~ard of the odinry\high water mark is permitted
- only as a conditional use, provided~the,following canditio\ns are met:
i. The provisions ofthe Surface, Mining Act, RCW 78:44 and WAC 334-18 shall be met for
any surface-mining,~including that which affects less ihan 3 acres or produces less than
10,000 tons in any -.12~month period~Where surFace mining is not subject to the RCW
7~8:44,permit pracess-the shorelines'substantial development permit process shall be
ufilized fo require compliance to surface mining provisions of RCW 78.44.
ii. Surface rainage and_wastes resulting from mining operations shall not be discharged
-into streams-orwater bodieswithout.treatment to remove suspended solids and organic
<c. mat ter consistent with applicable local, state and federal pollution control and water
quality're\ latio\:\
iii. Cleaning, sorting,~separation, and storage operations shall not be conducted within 100
feet of the; ~dinaryfiighwater mark.
arking. No more than 10 peroent of the portion of property within a shoreline area shall be
oc\pi\ by impe rvious improvements,
d. Single\Family jsid~ t~al.
i. No residential or accessory structure shall be erected within 100 feet of the ordinary
high-~water mark.
ii. No on-site wastewater disposal systems serving new single family dwellings shall be
permitted within 200 feet of the ordinary high water mark. Existing single family
dwellings within 200 feet of the ordinary high water mark shall connect immediately to a
public wastewater collection located within 300 feet of the property.
e. A conditional use permit may be approved only upon a finding that:
i. No reasonable altemative conforming use is practical; and
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ii. The proposed use will be at least as consistent as the preexisting use with the policies ,
and provisions of the Shoreline Management Act and the Master Program and as `
compatible with the uses in the area. ~
iii. The proposed use will not interfere with the normal public use of public shorelines;
iv. The proposed use of the site and design of the project is compatible with other
authorized uses within the area and with uses planned for the area under the
comprehensive plan and shoreline master program;
v. The proposed use will cause no significant adverse effects to the shoreline environment
in which it is to be located; and
vi. The public interest suffers no substantial detrimental effect.
/
In the granting of all conditional use permits, consideration,shall be given to the cumulative
impact of additional requests for like actions in the area
3. Limited UsQS:
In addition to meeting the requirements for permitted uses, uses allawed on a limited basis, shall alsfl be
required to comply with the following provisions:
l
a: New over-water structures shall be allowed only for water-dependent uses, public access, or
ecological restoration. The size of new over-water stn.ictures shall be limited to the'minimum
necessary to support the structure's intended\use~,.,
b. All developments and uses on navigable waters or their.beds shall be located and designed to
minimize interference with surface navigation and ptiblic access, should consider impacts to
public views, and allow for the safe nnobstructed Rassage'of fsh and wildlife, particularly those
species dependent on migration.
c. Boathouses are prohibited. d. Use of over-water and fioating structures as a cesid ne ce-is prohibited. e. Except for permitted or legal n`n-confoming marinas, docks, and bridges, no over-water
structure shalLbe erected in shoreline areasunless it is oonsistent with all applicable
requirementsin this regulation Jand the goal\a nd policies of the Comprehensive Plan.
f. New docks erv grestdentiaLlots shall-be prohibited. Replacement docks shall be limited to
100-square feet in area arid shal 6e-locat~parallel to the shoreline.
g~ Over-water structures shall not interfere with stream navigation.
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, 21.50.30 Specific Provisions Applicable to All Shoreline Environments
. The following additional provisions are applicable to all shoreline environments in addition to all other
applicable regulations of this Code.
1. Signs.
a. On-premises business identification signs shall be designed to blend in with the natural
environment and shall be affixed to the poRion of the business structur'e facing away from the
water, and shall not exceed 20 square feet.
b. Signs erected by govemment agencies required to provide direction, protect the public health,
safety, and general welfare shall not exceed 20 square feet in area and shall be designed to
minimize the visual impact to the shoreline area. j~
c. Signs shall not obstruct views of the shoreline from the surFace of the water, and except for
navigational aids, no light source of any sign shall be visible-f~om.ttie surface of the vvater. Only
navigational or directional signs informing baaters ofservices such,as fuel and moorage, and
government agency signs shall be visible from j shoreline area or the sur\Face of the water.
d. Signs shall not extend beyond the face of ~uild~ g~ above its rooflin\\
e. Signs shall not move or rotate or have lights which blink or flash on and off inter\ itt~nby.
2. Utilities.
a. Ground percolation areas or drainage swales are.prohibited within 100 feet of the ordinary high
water marlc.
b. Community water treatment or commu ty wastewa\treatment facilities shall not be located
within 200 feet of the ordinary high-water mark: On-site systems serving existing single family
f---, ctwellings shall be permitted until public collection systems are available within 300 feet of the
~ property. Except foc outfall lines, weter/wastewater.treatment facilities and collection lines shall
-not be located waferward of.\ e ordin lry'high water mark,~
c. An overhead'electncal t smission line,may rt averse a shoreline only when necessary to cross
a stream with an approved Conditional Use P,ermit. Underground stream crossings shall be
installed and shall enter and emerge to and from the ground not less tiian 50 feet landward of
the ordinar~highwater mack.' Facilities which'constitute the final termination or destination of a
transmission line-shall-not be-located in any Sfnoreline Area. Overhead electric Vansmission
lines traversing Shorelines of State-wide,Signifcance" shall have their conductors marked with
daytime obsfructiori markers wherever the spans through the Shoreline Area exceed 200 feet.
<dIPipelines hs afl cross strea.\mseither by being ronstructed on public raadway bridges or by being
constructed below-the stream bed. Underground pipelines shall enter and emerge to and from
he ground not le'ss tiian 50 feet landward of fhe ordinary high water mark. The construction of
iridges solely to supp6rt pipelines is prohibited. New pipelines shall use preexisting utiliry
easements, to the eictent passible.
1
e. Electric distribution and communication cables shall be installed underground within the
shoreline area./
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3. Roadways i
a. Raads shall be maintained in a manner which prevents degradation of shoreline ecological
functions.
b. Landfills and end abutments for bridges shall be placed not less than 50 feet landward of the
Orrlinary High Water Mark at an elevation above the 100 year flood event. Abutments shall be
designed so that the flow of floodwaters shall not be restricted. The design of landfills and end
abutments for bridges over streams shall prevent the accumulation of debris upstream of the
bridge. ~
c_ Bridges across Shorelines of the State shall also be designed to accommodate pedestrian and
bicycle Vaffic. Other roads shall provide a space not less than three feet in width for the
dedicated use of pedestrians, bicycles and animals.
4. Fill
Fill shall be permitted only in connection with the restorati no or enhancemeni of shoreline ecologic,al
functions and where necessary in the interest of an/overriding public necessity, provided that
a. There is no net loss of e~cological function;~C/ \
b. Erosion control and bank stabilization measu\s,\ required;
c. No fll shall extend waterward of the Ordinary High Water Mark; and
d. No fill shall be permitted within the limits of the 100 year flood event.
e. Dredging and disposal of dredging spoil niay be permi~tted only in connection with the restoration
or enhancement of shoreline ecological~functions, except as necessary for purposes of
navigation, or improvements associated with permittedw ater-re~ated recreation provided that: i. There is no: adverse effect on water quality or littoral (shallow near shore) and riparian .
habitat; and=--,--.
ii. All-dredging spoil and `dredging eguipment is removed within ten days of the completion
of,dredging operations! ~
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6. Shoreline Protection \
a. New bulkheads are prohi,bited. No existing bulkhead may be enlarged.
b. Bank stabilization sFiall.only be undertaken after evaluation and written bank failure report from a
jqualified engi \ ring fi
\ c\Bank stabilization sFiall be conducted using only biote-chnical (soil bioengineering) design
~approaches incorporating native'plant materials, unless it is demonstrated in the bank failure
report that a biotechnical design will not prevent future bank failure.
i
21.50.035 Shoreline Substantial Development Permit Requirtd.
A Shoreline Substantial, Development Permit shall be required prior to any development within the Spokane
Valley shoreline, subject to the following:
1. Any new development, or any modification in a use or activity that may result in a net loss of
ecological functian shall require an environmental assessment prepared by a qualified ecologist.
The assessment shall include the following information:
a. a description of the existing ecological characteristics of the site to include but not be limited
to soil characteristics, type and extent of vegetation, slope, wildlife habitat and such other
characteristics deemed appropriate by the Director based on the unique features of the site;
b. an assessment of the functioning condition of the shoreline prior to disturbance of the
shoreline by the proposal; ,
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c. an assessment of the specific impacts of the proposal on the shoreline's eaological .
functioning condition;
d. a specific strategy to restore shoreline ecolagical functions lost as a result of the proposal to
include the scientific basis of the recommended strategy. The strategy shall identify a
restoration timetable; and
e. a site plan which fully illustrates the proposed shoreline function enhancements and shall be
drawn to scale and precisely show all site and off-site alterations and enhancements.
2. A Shoreline Permit is valid for a period of up to five years, provided that substantial progress in
project development occurs within two years of the date of issuance. Where substantial progress
has not been demonstrated without gofld cause, the permit shall lapse.
3. The following activities are categorically exempt from the requieent for a Substantial Development
Permit but may require a conditional use permit of approval ofa var\ c\
a. PVlaintenance and repair of existing structures for the protection of'si\e-family residences;
b. Emergency repairs; ~
c. Public improvements in aid of navigation; if
d. Survey and geophysical testing in advance of development;
/
e. Removal of noxious weeds authorized as-b\ th\Washi gton Department of Fish &WiIdlife.
f. Shoreline restoration projej\ee WAC 773-\040(2)(0)).
21.50.060. Non-conforming Use or' Development \
\
1. "Nonoonforming use or developmenY"for purposes omeans a shoreline use or
development which was lawfully construcfedorestablished,prior to the effective date of the act
~ l`or the applicable master pragram, or amendments tiereto, but,which does not conform to
present regulations or standards of the pV gram.
2. Structures that ~vere legally established and~e used for a conforming use but which are
nonconforming,with regard, to`setbacks\buffers or yards; area; bulk; height or density may be
maintairied and repaired and may be enlarged or expanded provided thai said enlargement
does not increase the ext~ent of_nonconformity`,by further encroaching upon or extending into
areas wher~'constr~uction or_use would-not be allowed for new development or uses.
3./Uses and developments that wer lee gally_established and are nonconforming with regard to the
use regutations of the master program may continue as legal nonconforming uses. Such uses
~`shall not be,enfarged or\ezpanded, except that nonconforming single-family residences that are
~ located landward of the ocdinary high water mark may be enlarged or expanded in conformance
\with applicable ~bulk and d'imensional standards by the addition of space to the main structure or
- by the addition of'nflrmal appuitenances as defined in WAC 173-27-QU (2)(g) upon approval of
a conditional use permit.
4. A use which is listed as a conditlonal use but which existed prior to adoption of the master
program or any-relevant amendment and for which a conditional use permit has not been
obtaine`tl shall be considered a nonconforming use. A use which is listed as a conditional use
but which\e;isted prior to the applicability of the master program to the site and for which a
conditional use permit has not been obtained shall be considered a noncaonforming use.
5. A structure for which a variance has been issued shall be considered a(egal nonconforming
structure and the requirements of this section shall apply as they apply to preexisting
nonconformities.
6. A structure which is being or has been used for a nonconforming use may be used for a
different nonoonforming use only upon the approval of a conditional use permit.
.
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7. Conditions may be attached to the permit as are deemed necessary to assure compliance with
the above findings, the requirements of the master program and the Shoreline Management Act '
and to assure that the use will not become a nuisance or a hazard.
8. A nonconforming structure which is moved any distance must be brought into conformance with
the applicable master program and the act.
9. If a nonconforming development is damaged to an extent not exceeding seventy-five percent
(75%) of the replacement crost of the original development, it may be reconstructed to those
configurations existing immediately prior to the time the development was damaged, provided
that:
a. Application is made for tfie permits necessary to restore the development within six
months of the date the damage occurred;
b. All peRnits are obtained; and ~
. c. The restoration is completed ~nrithin two y~r\ f permit iss\nce.
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10. If a nonconfarming use is discontinued for twelve consecutive months or for twelve months
during any two-year period, the nonconforming rights shall expire and any subsequent use shall
be conforming. \
11. An undeveloped lot, tract, parcel, site, or divis of land loc~ated landward of \t~erdinary high
water mark which was established prior to the effective date.of the Shoreline Management Act
or the Shoreline Master Program but which does not.o~onfo~m to the present lot size standards
may be developed so long as such developmeni conforms to all other requirements of the
applicable master program ari\ th\ ct.
21.50.070. Gonditional Use Permits
21.50.080 Variances 1. Requests for vanaric-es_`s_hall be processed in the~sa`me manner as any land use variance, provided howe_v_e_r, that the application~fo`ra variance shalhnot be deemed complete until the
Department.of Ecology (DOE)provides'written acknowledgement to the city that applicant has
provided DOE-with a full and complete copy of the application.
2. A variance may, b >e consideredanly in extrao\dinary circumstances where it is determined that:
~ -
a. The strict application of the bulk; dimensional or performance standards set forth in the
applicable,master program preclude's, or significantly interferes with, reasonable use of
the property;~I
b. The hardship is\ cifically related to the property, and is the result of unique
conditions such as.irregular lot shape, size, or natural features and the application of
the master program, and not, for example, from deed restrictions or the applicant's own
actions;
c. The design of,the project is compatible with other authorized uses within the area and
with uses planned for the area under the comprehensive plan and shoreline master
program and will not cause adverss impacts to the shoreline environment;
d. The variance will not constitute a grant of special privilege not enjoyed by the other
properties in the area;
e. The variance requested is the minimum necessary to afFord relief; and
f. The public interest will suffer no substantial detrimental effect.
3. In the granting of all variance permits, consideration shall be given to the cumulative impact of
additional requests for like actions in the area.
4. Variances from the use regulations of the master program are prohibited. •
21.50.080 Enforcement "
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Enforcement procedures for violations of this chapter shall be in conformance with SVMC 17.60. See
' Section 17.60 Compliance and Enforcement below.
17.60 Compliance and Enforcement
17.60.010 Purpose and Scope
This chapter sets forth the enforcement procedures for violations of the following:
1. Nuisances (SVMC 7.05)
2. Violations of anY Provisions of the Uniform DeveloPment~de,(SVMC Titles 17-25)
~
17.60.030 Relationship to Growth Management Act
\
This article is adopted as development regulations/pursuant to Chapter 36.70A RCW (Growth
Management Act). / \ \
, ~ ~
17.60.040 Enforcement, Authority, and Administration`
1. In order to discourage public nuisance\ nd otherwise promote compliance with
applicable code provisions, the City.~may, m response to field obsenrations or reliable
complaints, determine that violations.of this title have,\u\d or are occurring, and may:
compliance agreements.with~persons responsible for code
, a. Enter into voluntary
violations;
b. Issue notice and ord\ers, assess, civil penalties, and recover costs as authorized by
this article; L
z
c. Require~abatement by_mearis-of a judicial abatement order, and if such abatement
-is-_not timely completed 6y-the p re on or persons responsible for a code violation,
.-undertake the abatement and~charge the reasonable costs of such work as
autho\ d by this~article;
d. Allow a erson r\\ible for the code violation to erform communit service in
\ lieu of paying civil penalties as authorized by this article; y
1 ~
e. Order work stopped at a site by means of a stop work order, and if such order is not
~c\pli~w%,!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 written 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.
l ~
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2. The procedures set forth in this article are not exclusive. These procedures shall not in
any manner limit or restrict the City from remedying or abating violations of this title in any
other 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 alternative 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 advers~el/vy./ affect the rights of the owner,
lessee, or occupant of any property to recover all costs~and,,expenses mcurred and
required by this article from any person causing suchl`violation.
~
6. In administering the provisions for code co pliance, the City shall have~he authority to
waive any one or more such provisions-so as to avoid substantial injustice,by application
thereof to the acts or omissions of a'public or priv,ate \entity or individual; or acts or
omissions on public or private property `including,,-for; example, propertyvbelonging to
public or private utilities, where no apparent benefit has accrued to such entity or
individual from a code violation 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 fnaocial ha~dship.
7. The City may, upon -presentation\of prop redentials\ith the consent of the owner or
occupier of a building,or pr,emises~or\pu~suant to a,lawfully issued court order, enter at
reasonable time/:any 6uilding 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 prope~rty ~for the purpose of inspection for code violations be
accomplished im.strict conformity_with c`onstitutional and statutory constraints on entry,
and the holdings of the relevant,court cases~regarding entry. The right of entry authorized
by this article shall.not s\ersede those_legal constraints.
<8 The City majr,request that~~the police, appropriate fire district, Spokane Regional Health
~ District, or othe,r "appropria~ t~ 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 Probable Violation is Identified
1. The City shall determine, based upon information derived from sources such as field
observations, the statements of witnesses, relevant documents, and data systems for
tracking violations and applicable City codes and regulations, whether or not a violation .
has occurred. As soon as the City has reasonable cause to deterrnine that a violation has Page 24 of 38
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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, a warning shall be issued verbally or in
writing promptly when a field inspection reveals a violation, or as soon as the City
otherwise determines a violation has occurred. The warning shall inform the person
determined to be responsible for a code violation of the violation and allow the person an
opportuniry to correct it or enter into a voluntary compliance agreement as provided for by
this article. Verbal warnings shall be logged and followed up wi\ a written warning within
five days, and the site shall be re-inspected within 14 days. J
3. No warning need be issued in emergencies, repeat violation cases, cases that are already
subject to a voluntary compliancs agreement, cases'where the violation creates or has
created a situation or condition that is not likely to, becorrected within 72 hours, cases
where a stop work order is necessary, or when the person\responsible for the code
violation knows, or reasonably should have known~that the actiori was, a code violation.
4. Notice and orders should be issuediin all cases in which a volunt, ary compliance
agreement has not been entered. ~ ~
5. The City shall use all reasonable means to deterrriine,and proceed against the person(s)
actually responsible for the c4de-v_iolation occurring when the property owner has not
directly or indirectly caused tFie vi\ tion._\ \
.
\ ~ compliance agreement is not entered into
6. If the violation is not corrected, or a voluntary
within 15 days of notification by th'e City, a-riotice and~order'or stop work order should be
issued. Stop work-orders~should be issued promptlyupon discovery of a violation in
progress.
17.60.070 Service - Notice and Order and Stop\Work Order
1. Service of a notice'and order-shall be made-on a person responsible for code violation by
one ro nore of the~f.ollowing methods:-_/
a. Person\erv\~of\a notice and order may be made on the person identified 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 dis jretion who resides there;
b. Service directed)to the landowner and/or occupant of the property may be made by
pasting✓the notice and order in a conspicuous place on the property where the
violation occurred and concurrently mailing notice as provided for below, if a
mailing,address is available; or
c. Service by mail may be made for a notice and order by mailing two copies, postage
prepaid, one by ordinary first class mail and the other by certified mail, to the
person responsible for the code violation at his or her last known address, at the
address of the violation, or at the address of the place of business of the person
_ responsible for the code violation. The taxpayer's address 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
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violation occurred. Service by mail shall be presumed effective upon the third
business day following the day upon which the notice and order was placed 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 or neighborhood newspaper or trade journal. Service by
publication shall conform to the requirements of Civil Rule 4 of the Rules for Superior
Court.
~
3. Service of a stop work order on a person responsible for a-code violation may be made by
posting the stop work order in a conspicuous ptace on 'the ,property where the violation
occurred or by serving 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 amed 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
The City shall adopt procedures to implement the provisions~of this article, and specifically the
guidelines set out in this article describing-reasonable and appropriate protocols for investigating
code violations.
17.60.090 Obligations of Persons Respansible for Code Violation~
1. It shall be the responsibility~of any person identfied-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 work
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 possi\under-the ciccum= t~~ s
2./Pers6ns determined\to 6e responsible for a code violation pursuant to a notice and order
~ sliall be liable, for~the\payment of any civil penalties and abatement costs; provided,
~<however, that if 'a\property,owner affirmatively demonstrates that the action which resulted
\in\the violation was taken without the ownees knowledge or consent by someone other
than, the owner or someone acting on the owner's behalf, that owner shall be responsible
only for,.bringing the property into compliance to the extent reasonably feasible under the
circumstances. Should the owner not correct the violation, only those abatement costs
necessary to~bririg the 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 after the person(s) responsible for a violation has come into compliance, the City shall issue a
written determination of compliance. 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 certified mail, five-day return receipt requested.
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.
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f-'..
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17.60.110 Voluntary Compliance Agreement - Authority
1. Whenever the City determines that a code violation has occurredor is occurring, the City "
shall make reasonable efforts to secure voluntary compliance from the person
responsible for the code violation. Upon contacting the person responsible for the code
violation, 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 worlc order and before an appeal is
decided.
. . / ~
3. Upon entenng mto 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~exist d and constituted a
code violation.
4. The voluntary compliance agreernent/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 granter! by the City
if the person responsible for the code violation Fias shown due diligence or substantial
progress in correcting the violation,_ but circumstanc~es render full and timely compliance
under the original conditions unattainable Any such extension or modification must be in
writing and signed by the authorized representative of the City and person(s) who signed
the original voluntary compliance,;g[eement.
5. The voluntary compliance agreement \ not .settlemeni agreement.
~ -
17.60.120 Voluntary'Comp ial nce AgreementContents
;
The voluntary compl ance•agreem4_is-a_written, signed commitment by the person(s) responsible
for a code violation in which~ such-person(s) agrees to abate the violafion, remediate the site,
and/or mitigat~e th`e'impactsof-the violation. 'The-voluntary compliance agreement shall include the
following:
1. 'T\name and ad\ \ of'the person responsible for the code violation;
2. The address or othe, identification of the location of the violation; 3. A\\ tion of thie ;violation and a reference to the provision(s) of the ordinance,
resolution or reg ~ on which has been violated;
4. A descripti\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 compliance 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 work order, impose any remedy authorized by this article, enter the real property and ~
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perform abatement of the violation by the City, assess the costs incurred by the City to
pursue code compliance and to abate the violation, including reasonable legal fees and
costs, and the suspension, revocation or limitation of a development permit obtained or to
be sought by tFie person responsible for the code violation;
7. An acknowledgement that if a penalty is assessed, and if any assessed penalty, fee or
cost is not paid, the City may charge the unpaid amount as a lien against the property
where the code violation occurred if owned by the person responsible for the code
violation, and that the unpaid amount may be a joint and several personal obligation of all
persons responsible for the violation;
~
8. An acknowledgement that by entering into the voluntary ~,compliance agreement, the
person responsible for the code violation thereby admits that the conditions described in
the voluntary compliance agreement existed and constituteda code\ olation; and
9. An acknowledgement that the person responsible for the cod \ lation understands that
he or she has the right to be served with,anotice and order, or stop work order for any
violation identified in the voluntary compliancelagreement, has the right to administratively
appeal any such notice and order or stop~wock order, and'that he or sheis.knowingly and
intelligently waiving those rights. ~ \z/ /
\ ,
17.60.130 Failure to Meet Terms of V~oluntary Compliance Agreement
1. If the terms of the voluntary\c.pliancae,agreem\ent\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~,rithout being issued a notice and
order or stop/work order\ be~assessed a,civil penalty as set forth by this article, plus all
costs incurred by the City to pursue code`compliance and to abate the violation, and may
be subject~to,,other remedies authonzed\by this article. Penalties imposed when a
voluntary compliance agr/eement--is not met accrue from the date that an appeal of any
preceding notice and~orderorstop work-order was to have been filed or from the date the
voluntary compliance agreement w s-ente/red into 'rf there was not a preceding notice and
~o j er oe'stop worlc order. •
~/The Ci ~
\2. ~tY maY issue a notice and order or stoP work order for failure to meet the terms of a
~ 7fluntary complian le\agreement.
17.60.140 Notice and Order- Authority
When the City ~has`ceas~nto believe, based on investigation of documents and/or physical
evidence, that a code violation exists or has occurred, 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 within 30 days of receiving a complaint alleging a violation or otherwise
discovering that a violation may potentially exist, or within 10 days of the end of a voluntary
compliance agreement time period which has not been met. Subsequent complaints shall be
treated as new complaints for the purposes of this article.
.
\
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17.60.150 Notice and Order - Effect -
1. A notice and order represents a determination that a violation has occurred, that the party
to whom the notice is issued is a person responsible for a code violation, and that the
violations set out in the notice and order require the assessment of penalties and other
remedies 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 arity 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 j~
The notice and order shall contain the followving information:
~
1. The address, when available, or location of the violation;
2. A le9al descriPtion of the real ProPertY or the,S\P ,
okne County tax parcel number where
the violation occurred or is located, or a description identifying the property by commonly
used locators;
~
3. A statement that the City has found \~the named- person(s) to have committed a violation
and a brief descr~ion of the violation(s) found;r-\\~ ~ .
4. A statement of'the-secific pcovisio\ of the ordinancesolution, regulation, public rule,
permit condition~notice and~order provision, or stop work order that was or is being
violated; ~
~
5. A statement that a civil penalty-is b nie g~a s sessed, including the dollar arnount of the civil
pe"nafties per separate,violation, and-that/any assessed penalties must be paid within 20
; days"of service of tFie.notice and order;
j \ .
\6. <A statement advising\t~anycosts of enforcement incurred by the City shall also be
\
assessed agamst the~ personto whom the notice and order is directed;
7, A statement that payment of the civil penalties assessed under this article does not relieve
a pe~son\found to•be-responsible for a code violation of his or her duty to correct the
violation,~andloc4o pay any and all civil penafties or other cost assessments issued
pursuant to,this article;
8. A statement of the corrective or abatement 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 statement advising that, if any required work is not commenced or completed within the
time specified by the notice and order, the City may proceed to seek a judicial abatement
order frorn Spokane County superior court to abate the violation; " Page 30 of 38
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~ 10. A staternent advising that, if any assessed penalty, fee or cast is not paid on or before the
due dateF #Yre City may charge the unpaid amount as a lien against the property where the
cade violation occurrecf if owned by a person responsible for avialation, arrd as a joint .
and several personal obligation af all persons responsible for a code violatton;
11. A statement advising #ha# an}r person named in #Yre notice and order, or having any record
ar equitable title in the praperty against which the notice and order is recorded may
appeaE fram the notice and order to the Hearing Exarniner wi#hirr 20 days of the date of
service of the notice and orderF
12, A statement advising that a failure ta correct #he violations c~ft4d in the notice and order
coufd lead to the derrial of subsequent Spakane Valley,0 ermii~ a pplica#ions on the sii bject
property;
x
13. A statement advising that a failure to appeal the\notice and order~within the applicable
tirne limits renders the notice and order a final~dete"rrninatiort that the condi#ions described
in #he nvtice and order existed and canstituted a+riolatian, and that thenamed party is
liable as a person responsible fae a violatian/
~v~ ~
14_ A staternent advising t~re persan responsibae fur a code~oletion of hislher du#y to notify
tYre Ciky af any actions taken to achieve campliance witl~ the notice and order; and
15. A statement advising thet a wiClful.and-krrawing violation mey be referred to the Office of
''4-,~ ~
#he C ity Attorney for prosecutiort_ 1
~ 17.60.170 Notice and Order--Supplementatian, Revocq~to'n.,_Modification
V
1. The Ci#~r mayfadd to re~+~k~ in whole~or ir~fp e# or othewise rriodify a notice and or~ier by
issuing a writtenLLsupplemen#al notice andworder. The supplemental notice and order shall
be governed=by #he same~'procedures and,.time limits applicable to all natice and orders
contained in thisarticle/,.~
-
:~-7
Th~ ~it~}~ ma}~ iss~ie-a "supplemental'iiotice and arder, or revoke a notice and order issued
under this•article; ~
a. If the a~r ~inal notice~and>vrdee was issuer# in error;
~
b_ Whenever there.,is new inforrnation or change af circurns#ances; or
c.l.f a party to ari orider was incorrectly named.
97.60.180 Notice adn ~tder - Adrninistrative Conference
~ I
An inforrnal administrative conference may be conducted by tYre City at any time for the purpose of
facilitating communicetion among concetrred persons and providing a farurn far efficient resolution
af any viofation. Interested par#ies shall not unreasanably be excluded frorn such conferences.
17.60.190 Nntice and Order - Remedies -Suspension, Revocatiun, nr Limitation of Permit
1, The City may suspend, revoke, or modify any permit issued'by the Crty whenever;
. ~
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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 permit;
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 fnancial institution
marked non-suffcient funds (NSF) 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 circumstances on the development proposal site which materially
affects an applicant's ability to meet the permit`or approval conditions, or which makes
inaccurate the sensitive area study that wa/the basis for establishirig,permit or approval
conditions. \
Such suspension, revocation, or modifcation shall be.-ca\~rried out through,the notice and
order provisions of this article and shall be`effective upon the compliance date established
by the notice and order. Such suspension, revocation; or modification may be appealed
to the Hearing Examiner using'the-appeal provisions of this article.
\ \
5. Notwithstanding any other provision-of thisarticle, the"City may immediately suspend
operations under any permit by issuing a stop work order.~
U
17.60.200 Notice and Orde Remedies \D\ ial oUPermit
1. The City mayden"y a when, wi\,re'gard to the site or project for which the permit is
submitted~ \ ~
a. Any person ownmg-the-property'or_submitting the development proposal has been
found in violation'of any ordinanceJresolution, regulation, or public rule of the City
~ that regulates\or.protects the public heaith, safety and welfare, or the use and
development of'larid and water, and/or
\ \
b. Any person~oviwnin~zoperty or submitting the development proposal has been
found in violation and remains in violation of the conditions of any permit, notics
~\and order, or stop work order issued pursuant to any such ordinance, resolution,
ulation„or public rule.
reg
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 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, or as an alternative to, any other judicial or adrninistrative remedy, the City may use
the notice and order provisions of this article to order any person responsible for a code violation to . abate the violation and to complete the work at such time and under such conditions as the Ciry -
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determines reasonable under the circumstances. If the required corrective work is not commenced
i or completed within the time specified, the City may seek a judicial abatement order pursuant to
this article.
17.60.220 Stop Work Order - Authority
The City is authorized to issue a stop work order to a person responsible for a code 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 stop 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 the property where the violation has occurred, ar is\\ ng, must cease.
2. A stop work order requires the immediate cess~tio of the specified~work or activity on the
named property. Work activity may not resume-unless specificalfy authonzed in writing by
the City. I/ <
3. A stop work order may be appealed according to the.pro" cedures prescribed m this article.
4. Failure to appeal the stop work'order within 20 days renders the stop work order a fnal
determination that the civil code viola\ occurred`and- that work was properly ordered to
cease.
\ 5. A stop work order may-be enforced\bthe City pohoe.
~
17.60.240 Stop Work Order/-~-~Remedy - Civil Penalties
1
1. In additio~n t~y other ~judicial or \dinistrative remedy, the City may assess civil
penalties for,th~violation ofZany,stop work order according to the civil penalty schedule
established in SVMC,17.60:260. U
~
2.iCiviVpenaf_`tie'.s for thew olation of any stop work order shall begin to accrue on the first day
< the stop wok\tler is violated and shall cease accruing on the day the work is actually
~stopped.
\ \ ~
3. Violati\ of a stop work order shall be a separate violation from any other code violation.
7 ~
17.60.250 Siop Work Order - Remedy - Criminal Penalties
In addition to any oth f judicial or administrative remedy, the Ciry may forward to 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 willful violation of a stop
work order.
17.60.260 Civil Penalties - Assessment Schedule
1. Civil penalties 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 the following schedule:
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a. Notice and orders and stop work 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):/$2,5fl0
f. Economic benefit to person responsible-for violation: $5,000
\ . \
3. The above penalties may be offset by the follo~wm~ompliance:
a. Full compliance with a_voluntary compl\ce agreement with prior history of zero to
one similar violations: $0 =1500.00
\ ~
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 articleLShall :apply for the'; first 30=day,, period following issuance of the order, unless
another time period is specified in a voluntary compliance agreement.
~
5. Civil penalties shalf be~d-within 20 days~ofservice of the notice and order or stop work
order if not-appealed. Payment of tlie civil penalties assessed under this article does not
re~ieve a pe\ on found_to. be responsible for a code violation of his or her duty to correct
the violation and%or to pay,any and all civil penalties or other cost assessments issued
~pursuant to this~articl\ X~
6. T\City may su\end civil penalties if the person responsible for a code violation has
compliance agreement. Penalties shall begm to accrue again
entered into a voluntary
pursuant to the terms~of the voluntary compliance agreement- if any necessary permits
applied\for\are denied, canceled or not pursued, if corrective action identifed in the
voluntary compliarice agreement is not completed as specified, or if the property is
allowed to returri to a condition similar to that condition 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 other state or local provision for the recovery of civil
penalties, the City may file for record with the Spokane County auditor to claim a lien ,
against the real property for the civil penalties assessed under this article if the violation -
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i, 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 wor4c 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 writing 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 come
into cornpliance 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 - Community Service
~
The City is authorized to allow a person responsible "for.a code violationthat accumulates civil
penalties as a result of a notice and order, or for failure to comply with the terrris of a voluntary
compliance agreement, to voluntarily participate-in ari approved~community service project(s) in
lieu of paying all or a portion of the assessed civil 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 reasonably relate to the comparable value of penalties assessed
against the violator. The rate at which civil-penalties are worked off under this subsection is $10.00
per hour. The City shall take into consideratiomthe severity ~of the violation, any history of previous
violations, and practical and legal impedimenfs~-in considering'whether to allow community service
in lieu of paying penalties.
17.60.290 Civil Penalties-- Wa vi ers
1. Civil penaltie~ay b" e waive\\d or reimbursed to the payer by the Ciry under the following
circumstances )
~ ~
a. The_ n\e and~order-or-stop work-or.der was issued in error;
/b:"The-cvil penalties`were assessed in error,
%
X \c Notic e failed to ~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 waive penalties, and such
statement sha come 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
Management 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 possible and beneficial, but will also be required to pay a
~
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civil penalty for the redress of ecological, recreational, and economic values lost or
damaged due to their unlawful action.
~
2. The provisions of this section are in addition to, and not in lieu of, any other penalty,
sanction, or right of action provided by law for other related violations.
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 for 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
imposed. ~
4. Violation of critical area provisions of this code means:
~
a. The violation of any provision of SVMC 21:40,Cntical Areas, or of the administrative
rules promulgated there under;
b. The failure to obtain a permit requi\ lfor work in j critical area; or
c. T he fai lure to comp ly wi t h t he con d i tions~o f any permi t, approva l, terms an d
conditions of any sensitive area traet' or setback area, easement, covenant, plat
restriction or binding//a-ssurance, or any notice and order, stop worlc order,
mitigation plan, contract or agreement issued or concluded pursuant to the above-
mentioned Provisions. ~
~
5. Any person in violation.\f SVMC 21:4`0 Critical_Areas may'be subject to civil penalties, costs, and fe~ s follo_w~s: /
a. Accorcting to the cavil penafty schedule under SVMC 17.60.260; provided, that the
exact amount of the penalty per violation shall be determined by the City based on
the physical\xtent anci-severity oUthe)violation; or
r-
b. h 'gce\ro\
i. An\,amount\determmed to be equivalent to the economic benefit that the
person.responsible for a code violation derives from the violation, measured
as tti ; otaI of:v •
a) The resulting increase in marlcet value of the property;
b)/The value received by the person responsible for a violation;
c) 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.
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17.60.310 Cost Recovery
- 1. In addition to the other remedies available under this article, upon issuance of a notice
and order or stop work order the City shall charge the costs of pursuing code compliance
and abatement incurred to correct a code violation to the pers4n responsible 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 / f
.
b. Administrative Personnel Costs. For purposes,of this section, °administrative
personnel costs" shall include, but are not limited~to , administrative employee
costs, both direct and related, incurred to4~orce the provi\ \ of this article; and
c. Abatement Costs. The Ciry shall kee ~~itemized account of'costs incurred by the
City in the abatement of a violation/under this article. Upon\completion of any
abatement work, the City shall prepare a report specifying a legal\description of
the real property where the abatement~worV occurred, the work done for each
property, the itemized costs of the work, and interest accrued; and
~
ctual expenses and costs, of~the City preparing notices, specifcations and
d. A
contracts; in accomplishing or contracting and inspecting the work; and the costs of
any required printing, mailing, or court-filirig fees.
2. Such costs are due and payable 30 tlays.from, mailing of the invoice.
3. All costs asSessed by the~ ~City in pursuing code compliance and/or abatement create a
joint and seve~al persona~obligations in`alf persons responsible for a violation. The office
of the Ciry Attomey, on behalf-of the City, may collect the costs of code compliance efforts
by any appropriate\leg_al means.~ ✓
~
4./In addifion,to, or in lieu. of, any other state or Iocal provision for the recovery of costs, the
Gity may, after abating\a violation pursuant to this article, fle for record with the Spokane
~County auditor to claim a lien against the real property for the assessed costs identifed in
tfiis article if the violation was,,reasonably related to the real property, in accordance with
any lien provisions~authorized by state law.
5. A fled 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; with,which it shall share priority. The City may cause a claim for lien to be
filed for record,within 90 days from the later of the date that the monetary penalty is due
or the date the worlc is completed or the 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 law.
~ i
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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. Emergency Abatement. Whenever a condition constitutes an immediate threat to the
public health, safery 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 person responsible for the violation as soon as reasonably possible
after the abatement.
2. Judicial Abatement. The City may seek a judicial abatement,order from Spokane County
superior court, to abate a condition which continues to be a violation of this code where
other methods of remedial action have failed to produce compliance.
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 assessmenfof~ivil penal\s and for abatement costs and work shall
be allocated to support expenditures f\r~ab ement, andXshall. be accounted for through either
creation of an account in the fund for such -abatement costs, o\ ther appropriate accounting
~ \ mechanism. .
17.60.350 Judicial Enforcement -Petition forEnforcement
~
1. In addition to any other ~udicial or administrative remedy, the offce of the City Attorney, on
behalf of the ~City, may seek enforcement of the City's order by filing a petition for
enforcement'in Spo\ane,County- super`r~court.
2. Th petition mu\ ame a ers spondent-each person against whom the City seeks to obtain
civ&enforcement.
~ N
~3. A petition for civil enforcement may request monetary relief, declaratory relief, temporary
\o~,,,permanent injunctive relief~ and any other civil remedy provided by law, or any
co\ i\ion of the foregoing.
~
~ . i
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okane Valley Draft Shoreline Program
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~ CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 01-23-07 Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ nevr business (_I public hearing
0 information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Amended Student Advisory Bylaws
GOVERNING LEGISLATION: Resolution 04-007, 04-018, 04-026, 05-015
BACKGROUND: Spokane Valley Resolution 04-007 created the Student Advisory Council for
the City of Spokane Valley. Resolution 04-018 amended 04-007 and included a section stating
that "prior to implementation, all such rules and regulations, including any proposed by-laws,
shall be approved by the Spokane Valley City Council."
• Resolution 04-018 changed certain wording to more accurately reflect the intent of the
resolution creating the SAC; Resolution 04-026 amended the length of terms of student council
members, and 05-015 further clarified those terms of Student Advisory Council members.
OPTIONS: Suggest other changes; schedule for another date; take further action as deemed
appropriate.
RECOMMENDED ACTION OR MOTION: Unless Council objects, this item will appear on the
February 6 Consent Agenda as a Motion to Amend the Student Advisory Council's Bylaws as
per the attached draft by-laws.
BUDGETlFINANCIAL IMPACTS: None.
STAFF CONTACT: Mike DeVleming, Councilmember.
ATTACHMENTS: Draft, red-line version of proposed amended Student Advisory Council Bylaws
: 1 .
S
an~ ~
0000
~ '.~A~
Ol~
Pille SPOKANE VALLEY
,;OoValley~ STUDENT ADVISORY COUNCIL
BY- LAWS
Intent The by-laws are the rules that govern the Student Advisory Council for the City of Spokane
Valley.
Scope .
The by-laws should direct all student council activity during meetings.
DefiniLions
Council Student Advisory Council
Term 1 year (September through June) unless otherwise noted
10.00 MEETING SCHEDULE & LOCATION
10.10 Council meetings will start in September and end the following June.
10:20 Meetings will be held on the first and third Thursday unless otherwise noted
10.30 It is the intent that on the first meeting in June, the council will finalize iCs
recommendarion for the next slate of Student Advisory Council Members to
the Spokane Valley City Council for approval.
10.40 Council meetings will be held in the Spokane Valley Council Chambers unless
otherwise noCed.
10.50 Council Meefings will start at 6:30 p.m. and will adjourn no later than 8:00
p.m. unless a moCion and second to extend the meeting receives a majarifiy
vote.
20.00 ATTENDANCE
20.10 Council members will attend all council meetings.
20.20 Absences (other than illness) must be approved by council.
20.30 Tvdo (2) Unexcused absences will be grounds for removal fram council.
Student Advisory Council By-laws 1'age l of 4
30.00 ELlGIB1LITY AND MAKEUP
30.10 Council will consist of:
One (1) Representative from Valley Christian School.
Two (2) Representatives from East Valley High School.
Two (2) Representatives from West Valley High School.
Three (3) Representatives from Central Valley High School.
Three (3) Representatives from University High Schaol.
One (1) Sfudent At Large.
One (1) Spokane Valley Mayor or their designated representaiive.
One (1) Spokane Valley City Manager or their designated representat'ive.
One (1) Representative of the business community.
30.11 All appoinfiments to the council will be made by the Mayor and confirmed by
City Council
. 30.12 Length of Terms
30.12.01 High School representatives will serve two (2) years, with an optional
third year under listed circumstances:
a. Representative is still attending High School.
b. Council votes to keep member for ihe acfditianal year.
30.12.02 The terms of the high school representatives will be stagger-ed
so that at least four (4) Student Advisory Council Members will
be returning.
30.12.03 Student at Large will serve ane (1) year.
30.12.04 Mayor (or representative), Ciry Manager (or representative) and
Business represenfiative will serve consecuYive one year terms.
30.12.05 S.A.C. applications for high school representaiives will be advertised
in April and recommeridations from the S.A.C. will be made in
June to the City Council.
StudenC Advisory Cotmcil Ry-laws Page 2 of 4
.
40.00 OFFICERS
40.01 The selection of officers will be performed during the first S.A.C. meeting in
September.
40.10 Officers will consist of one (1) Council Chairperson
40.10.01 Council Chairperson will be elected by a simple vote of the S.A.C. and will serve a one (1) year term. ,
40.10.02 Council Chairperson will be responsible for presiding over
council meetings and setting agendas.
40.10.03 Appoint chairperson of all sub commifitees.
40.20 Officers will consist of one (1) Council Vice Chairperson
40.20.01 Council Vice Chairperson will be elected by a simple vote of the
, . S.A.C. and will serve a one (1) year term (September through
June).
40.20.02 Council Vice Chairperson will assume the Chair position in the
second year of their term (September through June).
40.20.03 Preside over meetings in the absence of the Chairperson.
40.30 Officers will consist of one (1) Council Historian
40.30.01 Council Historian will be elected by a simple vote of the S.A.C.
and will serve a one (1) year term (September through June).
40.30.02 Council Hisfiorian will be responsible for the recording of all
minutes taken during the S.A.C. meetings.
40.30.03 Preside over meet'ings in the absence of both Chairperson and
Vice Chairperson.
. 40.30.04 Responsible for advanced agenda scheduling. •
;
Student Advisory Council By-lflws 1'age 3 of 4
50.00 SUB COMMITTEES
50.10 Committees will be created, as necessary by the S.A.C. with a specific task. ~
50.20 CommitCees will dissolve once the specific task has been accomplished.
50.30 Committees can consist of other citizens (fellow students, business people
community members, and other citizens).
60.00 GENERAL
60.10 The S.A.C. is an advisory council to the City Council.
60.20 All recommendations to the City Council are suggestions only.
60.30 S.A.C. by-laws will be designed and written by S.A.C. and will require City
Council approval to ratify.
60.40 All S.A.C. meetings are public and open.
Student Advisory Council IIy-laws 1'age 4 of4
0
CITY OF SPOKANE VALLEY
DEPARTMENT OF COMMUNITY DEVELOPMENT
2006 ANNUAL REPORT
LONG RANGE PLANNING:
Planning Commission
The Spokane Valley Planning Commission met once dunng the month of December and heid a
public hearing on the expansion of the Urban Growth Area. The Planning Commission
completed the review of Titles 17- Ceneral Provisions, Title 18 - Administration and Title 20 -
Subdivision and held public hearings. The Commission has initiated its revisw of Titie 21-
Enviranmental Controls and the Spokane Valiey Shoreline Master Program.
Ad hoc Sign Committee
The Ad hoc sign Committee met twice during the mortth of December. The last scheduled
meeting will be held on January 16, 2007.
Long Range Planning
The City held threo Community Meetings for the SpraguelAppleway Revitalization Plan in 2006.
0 0 ~ o e o
ReV~tpI~ZC~t~Oh';-~
Pla n
The City held an Open House on Decemher 14, 2006, as the third in a series to preview the
Spokane Valtey Shoreline Master Progrem.
CURRENT PLANNING:
2006 Licenses 8 Permfts lssued
-,u
ac - - - - - -
- - - - -
: o - - - - - - -
~o - - -
J - - -
i y I.P.cn hl I Aup 5ep hk±v I C~_
en Fcb Ma► ( Apr htr
O2003 44 , 25 I 35 I U ~ 32 I 73 32 35 ~ 24 1 21 19 ~ 50
--o-2005 A1 ;5 18 ~ :rt 21 ~ 19 ti :2 1 45 ~ 33 ]8
A total af 375 ticenses and permits were issued in 2006.
Page 1 of 9
,
City of Spokane Valley
Departrnent of Community Development
December 2006 Monthly Report
~
Monthiy revenue for the Planning Division totaled $24,498 in December, for a total of $280,060
for 2006.
2006 Planning P
55~.O~~U -
i4D.OUo - -
$30 040 - - - - - -
~
s20.000
- -
sio aaa - ~
sn
J3rr =eb Mer npri May .1una Juy Aun
O Rcvenue :Ofl9 --o-
A total of 232 land use actions were compieted in 20D:
2006 New L.-3„d Us.. ,-.c:_~ci>>
40 ~ - - -
~0 i - - - - - - -
20 1-- - - - - -
10 • - ~ - -
a
Jan Feb I Mer I Apr I Mny I Jun Jul I A,ug_I Sp- p ~ Gct rov Der:
l
a= zecs 20 ,s ~ ao ~ 24 ~ 27 15 zs ;20 » I19 g e
C. i); 15 22 ~ 20 ~ 24 I 18 I 33 I 28 ~ 1;' , - Revenuesger.c~.:±-_J. j
in the table belo,,,,
sA s50 oao s~an,aoo i160,Q0o $20o000 fzF
City of Spokane Valley
Department of Community Development
December 2006 Monthly Report
~
BUILDlNG DlVIS/ON:
The Bui{ding Division issued 213 permits in December 2006, compared with 266 for the same
periad last year. A total of 3,752 permits were issued in 2006.
1006 CONSTRUCTIDIi PEAIAIT8
_ - _ - - - ~`r--- - - ~ -
. _o i - - -
- _ I
~ . n. rM Jc „ I
O:carwrft ::I I :a> >:i 1 347 _J
s.a 04 j .•a i~~ j 9 .a5 e11 , :ss '
2006 New3tructures/Unlts Permltted
80
60
<G
24 - - -
L
Q
I Jan Feb I 1Ru Apr Mey I June July Aug Sevt Dcl Nov ~ Dzc
O Naw 1 d 2 Owaifinp Units I 28 41 ~ 74 61 151 I 31 I 39 49 27 33 S I 19
■A1u16-6mdyUnlls ~ 0 0 I 0 D 0 9 I 0 i 2 I 1 0 I 0 ~ 0
(~Nt~+Ce"ma,~i~15!nr~tures 5 2 1 U 3 5 2 3 12 5 2 9
The Permit Center collected a total of $96,047 in Permit and Plan Revicw Fees in December
2006.
:A@6 Huilding Revsnuei
~YSC 0.'4
- - - - - -
s:nme
~•~oncn - - - r m oro - - . . . ~ ~.-]00~ ll~,rrr
~ .
tA - - _ ~
.u -.r V.. .n. . i+7~ .-st wr :r
The reported value of construction, including new structures and additioRSlalteration is shown in
the following chart, comparing these values with 2005. New value for December 2006 totals
$3,710.816 fQr a total of $121,184,310 for 2006.
Page 3 of 9
City of Spokane Valley
Department of Community Development
December 2006 Monthly Report
~ 2006 Valuatton of Construction
s•'! ~~a o-~a
05 .0W D.] I f~
i)0A0O.OG]
t:5.000.0"v3 i
I:V.OOD.DOD - - O 200d NlhtiUo~
-r- 2005 Valustlon
tl.000.900
:~O
{ O.D➢0 G
SS ~i=a L~7
S]
~n FsC MAt A:r Nar Junc JJ00 +~u,~ Seat Oct No~r Dec
i rr.r ,e P. Pum[ FEe~ D MRU31 iiNenue P►0)eCtbn ~
■ A[iusl YTD itNaiUe
0 uO 600,50 800,00 1.000, 1,200, 1,4i0, 1,500, 1,90, 7,000,
7 0 0 Q 900 000 QGD Q00 OOD OOA
~
SOURCE Spc,xane `Jai;cy Finance pCpaRment
In December 2006, building inspectors petformed 878 inspections in 20 days. This averages 44
inspections per day. The Plans Exeminers reviewed 75 projects in Oecember 2006. At the end
of December, there were 3 projects awaiting review. The tatal number of inspect+cl,s nerfri-r,r- =i
in 2006 was 12,870.
2008 Bu1lAtnq fnspectians
,~c~
.r+~ • -
svJ _ Li - -
"a uki anr WWI !.M ' Oi7 .r. :1n
,=.:7Jenpc:rn~~ UO 0:9 '.f`J '31 ~ :1~ :9 IA: '~1 lftS • (71
j oa j I*) I wa_J ~ev n~ e~ e~t ~ ~ai- 1 ru
163 right-of-way inspections were performed during the month of Oecember 2006.
The Spokane Valley Community Development Department looks forward to welcoming Mary
Kate Martin as our new Building Officisl in January 2007.
Pag4 4 of 9
- '
City of Spokane Valley
Departrnent of Community Develcpment
December 2006 Monthly Report
CODE COMPUANCE:
The number of "Volations Reported" on the following chart refleds actual Spokane Valley
Zoning Code violations, plus compleints received which were not violations. The complaints
received are added to tiie total because they reflect time officers spent in the field conducting
investigations. fn addition, the 'Investigated' and "Pending" columns accurately reflect Code
Compiiance's current ability to process and investigate backlog casss.
The following chart provides a monthly comparison af the types of Spokane Valley Code
violations reported. Violations are reported based an the primary complaint received, rather
than the number of additional violations identifed on any individual premises. The investigatian
of a complaint of junk vehicles, for example, might also result in idenGfication of additional
violations such as the acxumulation of trash or harboring of livestack. These ere not included in
the summary. A total of 31 camplaints were processed in December for a total of 688 for 2006.
This represents approximatety 63% of the total number processed in 2005.
- - - - -
i _ - -
,`_I - -
_ ! _ - - - -
- -
!i - - ~ - -
dr-1
, ; ~ ~ - ~r ~ ~ I~ ( ~ i ~L~1 .
I~Yb411~s naportcd ( 61 53 ~ li I $34 Ia] fis '4 I NT I 5t 60 !dl ~ 31
A eodw,.nts ( 33 27 ~ ss ~10e I et <<5e ~,le 42 1 55 ~ m aa 3+ ao
n FU -,,..rom a I o ~ o ~ o I s ~ o ~ u I o~ o ~ o o 1 0 2
1e ; ez ! u ~ ia 1 ei ~ 5+ ~ se ~ ae ~ at ~ 47 41 1 41 ~ ae
I nVhalku» %t+arMd a A halirewL O Fk Tnmiiert nPwCrq %s I
The Spokane Valley Police Depattment, in conjunction with SCOPE, has requested the
assistance of Code Compliance in identifying junk vehicfes ebandoned within the right-af-way_
SCOPE volunteers tag the vehicies. Vehictes which heve not been moved by the following
Friday are towed.
Activity is consolidated into the follawing six categories: Environmental (sewer/ssptic, critical
areas, animal and nuisance violations); Property (Right of Way, prope+ty use, dangerous
building, landlord/tenant, illegal business and signage violations); Junk Auto; Solid Waste (solid
waste, illegal dumping, and househo{ci waste violations); Clearview Triangle and Complaint -
No Viofation.
Page 5 ot 9
City of Spokane Valley
Department of Community Devetopnivi,:
December 2006 Mlonthly Report
I
2008 CODE COIAPLIANCE REPOR7S (by type)
100% - - ,
~
eax
607G
40%
20'4
Jan•08 Feb-08 ,Met-06 I Ap 46 MWy 05 .I~-1 05~ Jul•06 Aufl-05 5ep-06 dd-06 ; Nov-06 Qec-04
~ ---a---, pComplaint•NaUo{a9on I 14 ' 12 I 8 i t0 it 12 17 12 --12 21 I ta i D
■SoI,dYYasb l 11 11 17 17 ^ 17 ~ 9 8 IS { 5 0 ~ 7
d Junk Aub 10 B 11 t0 13 a 8 ~ ta D 6 7 3
O ~--11 --Q 2
Ctear VlewTrianple 2 J d 3 1 ~ 12 I 18 I 17 10
- - - -
■Propetiy 8 ~ 0 ~ 10 9 17 22 17 27 I 13 ; 13 ts 4
p Enuronmenf~l - 7 ~ 0 ~ 2 1 j 2 ~ 2- ~ 6- ~ 1 ~O `I 0-~ Z I 0
- _ 1-- _1 _ • I~-_--._
Complfance in 200 :
.~i - . id -
i
r 1~~~ -
s_ l _ . ' • r ^ . . '
~ ~ ~ f j ~ . ~ ~~,1~+' ~ J ' • , Y _ ~ + - .
r w. _ . ~ r ~•~.r~ - . - , ~ .
~ `sii, _,'.,t • , _.~`r~!"f"'~'~-~..a,.... ~-:,~ii:..._
Pane g of 9
City of Spokane Valiey ~
Departrnent of Community Development
December 2006 Monthly Report
~
- . • '
- ' _ ~ ~ S'CysL~ ' ~
__,I , 4\ ~ i •J ~ r ~C
- f~ • l.`~,',jj t~_!~~ti.
• _
f ( ~y ,
- - - - ~ 1j ,
'
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r '
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v ` ' j*+~;'v s' I
)
I I.~ ~l• ~ I
i : _ , ~ ~ i► s ,
- -.t-•',,~t,~~, a ° ~ ~ _ ' ~~~5
- ~ ~
Page 7 ot 9
City of Spokane Valley
Department of Community Development
December 2006 Monthly Report
,S
Sv~ ~
- ` i . .T
CUSTOMER SFRVlCE
Planning
The Hearing Examiner held 3 land use hearings during December_
Permit Center
There were no surveys retumed during the month of December.
Building: Inspections
Inspections are conducted the day following the inspec6an request except for weekends and
holidays.
Code Compliance
All preliminary investigations are canducted within 24 hours except those received on Friday
which are investigated before the end of the next business day.
Page 8 of 9
City of Spokane Valley
Department of Community Development
~ December 2006 Monthly Report
; .
Building: Permits
The following table summarizes the performance of the Permit Center for those permits entered
in the PLUS system, measured from the time that the application is deemed "counter-complete"
to the time that a permit is issued.
r
Dec-06 ~ Tota12006
~
0
~ d
U ~ O ~ y
Value m ~ rn a- Value
p p ~ o o p ,
`o y 5 rn ~ y - ~
~ Q 2 2 Q i r
I NEIN CONSTRUCTION I
I Apt 3 S#ory or Less 4 ~ $ 3,253,769 244 I 107 487 ~
Fourplex 3 S 1.065,309 320 320 324
Industrial Building 3~ 5170,675 24 17 ~ 36 11 17 $ 6,593,165 63 1 406
Morcantile 6 $ 7,666,356 119 ~ 21 191
~ Miscellaneous 4 ~ $ 1.176,938 123 ~ 78 ~ 166 .
~ OffiiceJPto(essional 4 ~ S 2,044,080 1103 ~ 66 ~ 157
Recreational Buildinq ~ 1 ~ 5642,360 179 179 ~ 179 11 1 ~ $ 642,360 ~ 179 I 179 I 179
Structuro 1 ~ S 13,240,425 ~ 193 ~ 193 ~ 153
I REMODFL I
Apt 3 Story or Less • ~ ~ I 2~ $ 16,800 ~ 3 ~ 2 ~ 4 ~
_ Fourplex 1~ $ 12,650 ~ 18 ~ 18 ~ 18
h{ospifaUlnsiitution ~ 1 575,000 ~ 29 ~ 29 ~ 2'9 11 5 ~ $ 491,202 ~ 23 ~ 3 ~ 34
IndusUialBuQdirvp 7 ~ S 804,337 55 ~ 15 183
~ Mercantile 3 S56,171 ~ 21 ~ 15 1 22 115 ~ S 1,396,171 44 ~ 1 150
I QfficelProfessional 1 ~ S19.800 ~ 30 ! 38 1 36 II 25 ~ S 1,488,239 ~ 29 ~ 1 125
Recreational Buildinq 1 ~ $38.500 ~ 29 N 29 1 29 ~ 3 ~ $ 1.746.298 ~ 66 ~ 29 ~ 103
Rellqlolis Buildina 3 S 112,700 ~ 28 ~ 1~ 40 1
I Structure i S 5,000 ~ 10 ~ ti0 ~ 10 ~
~ ADDITIOPJ I
Industrial3uildinq 2 ~ $405.045 ~ 68 84 ~ 92 4 ~ S 577,045 ~ 85 ~ 18 I 150
Offic.E1Professional 2 ~ $46,950 14 14 15 ~ 4 ~ S 72,950 I 21 I 14 I 32 ,
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 may result
from inadequate or incomplete submittals, failure of the applicant to pick up the permit, etc...
The Permit Center has been tracking turnaround 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
application types are generally issued within two days.
.
Page 9 of 9
Spo`~~ane pUBLIC WORKS DEPARTMENT
;I11111111111OValley MONTHLY REPORT
December 2006
AGREEMENTS FOR SERVICES ADOPTED AND IN OPERATION:
• Street Maintenance - County Street Maintenance Interlocal
New 2006 Interlocal approved by the County. In the process of bidding various maintenancs 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 CH2N'I Hill. Plan in final-draft review.
WASTEWATER:
• Wastewater Treatment - The end of January 2005 the City received from the County financial
information regarding the County's sewer utility as it relates to the assumption of the County owned
sewer facilities.
• County is in the process of updating their Environmental Impact Statement (EIS) for their Wastewater
Facilities Plan. .
CAPITAL PROJECTS:
, . • Valley Corridor Project
Project on hold pending outcome of the Sprague/Appleway Corridor Sub Area Plan. Staff participated
in Sub Area Plan core team meetings with consultant.
• Street Master Plan
Consultant gave Council presentation on status of Street Master Plan work and continued their work on
finalizing both phase 1 and phase 2.
• Sullivan Road PCC
Continued coordination with WSDOT. Project scheduled for construction next spring.
a PineslMansfield
The County,and State are preparing final designs of their respective areas of the project. The County
Right of Way Dept. is working on appraisals and on the acquisition process. The project is scheduled to
advertise for bids in the spring of 2007 with construction scheduled to begin in 2007.
o Appleway Avenue Reconstruction - Tschirley to Hodges
David Evans & Assoc. is working on the final design. David Evans_& Assoc. continued their work on
appraisals and access agreements. This project will advertise in early 2007.
• Barker Raad Bridge Project
Permitting, property aoquisition and final design has continued. CH2M HILL is preparing the Environmental Classification Summary (ECS), SEPA and cultural rzsources study and other supporting
studies.
~
Construction
• CenterPlace
Worlcing on final project closeout.
• 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
Approximately 15% of the project will be carried over to the 2007 construction season.
• Vera Terrace Sanitary Sewer Project
Mainline sewer construction is complete. Paving is complete. A required sewer connection at the
intersection of 4t' and Evergreen will be constructed in early spring. Staff continues to work with County
Utilities on pavement cut/replacement requirements for this work.
TRAFFIC:
• Flashing beacons were installed at Seth Woodard, Broadway, and Trentwood Elementary and
programmed for turn on in early January.
• Completed final report on the effectiveness of flashing beacon/speed boards at Pragress and
University Elementary and delivered it to the WTSC.
• Developed revisions to clearview triangles for new UDC.
. • Entered several years worth of traffic count data into the new Street Master Plan database.
• 1- Construction and utility work related traffic control plans were reviewed andapproved.
• 24 - 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. ,
Achievements for 2006: • Obtained grants from the WTSC and installed flashing beacons in 5 elementary school zones.
• Installed durable pavement markings at over 40 schaol crosswalks.
• Began inputting 2003, 2004, 2005, and 2006 traffic count data into the Street Master Plan
database.
• Installed new signal controllers then developed and implemented new timing plans on the Argonne
corridor between Mission and Trent.
• Worked with SRTC to have a Traffic Management Center workstation installed in our traffic
department.
• Implemented a signal phasing change and new timing on Sprague between University and
Bowdish.
• Using summer intems, collected many intersection and tube traffic counts.
• Completed improvements and necessary paperwork to make the University Road railroad quiet
zone permanent.
• Installed ADA ramps at Chester Elementary School.
STORMWATER:
o Addressed 24 areas that had drainage problems. The work was completed by Spokane County
crews and a private contractor (CaY's Eye Excavation).
• Provided additional drainage solutions in coordination with three sewer projects.
• Mapped drainage problem areas: Chester Creek floodplain, Ridgemont area, truck town, ..i
Ponderosa neighborhood and miscellaneous areas throughout the City.
• 4000+ structures were updated using a GPS unit and 870 new structures were added to the
inventory. The City owns approximately 11,000 structures (6,200 of which are drywells). This
f.., \ invenotry will be used to register the updated drywells with Ecology to comply with UIC.
• Developed an inventory of all city owned swales and ponds.
Prepared bid documents for landscape work and awarded the landscape contract to Spokane
ProCare. The annual contract has the option to be renewed up to 5 times.
. • Prepared bid documents for vactoring and awarded the contract to AAA Sweeping. The annual
contract has the option to be renewed up to 5 times. 180+ structures were cleaned in 2006.
• Contracted out services with Adams & Clark 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.
• Updated 430+commercial parcels in the stormwater roll. These parcels were updated to account
for new development, other permits, and regular maintenance.
• Worked with Spokane County Utilities to repair two failing pump stations. Two nev+r pumps were
installed. '
STREET MAINTENANCE ACTIVITY:
City 2006 budget is $3,023,068 ($2,274,700 in the Street Fund and $748,368 in the Stormwater Fund).
Through the end of December the County has billed $1,525,350, and private contracts have billed
$616,688 for a total Street Maintenance cost of $2,142,038. The County has billed $558,136 and
private contracts have billed $291,645 for a total Stomiwater Maintenance cost of $849,781. The
overall total is $2,991,819 or 90.4% of the budgeted funds.
; -
~ ~LAND DEVELOPMENT
Development Accomplishments in 2006
Implemented new pre-application documentation to better inform potential applicanfs of Public Works'
development requirements, the use of the new documentation resulted in less confusion on the part of
applicants regarding the extent work required to complete a development project and to obtain Public
Worics' signoff on the project.
Worked with other Divisions to develop new processes to improve project review procedures and
therefore improve project review times.
. ~ . ,
S`p~o~ne
,;,vOVa11.ey Capital Improvement Projects •
2006 8 2007 PROJECTS
Propased ESUmatvd Dosign ConstrucGon 2006 (2007) Total Project
Fundinfl Road Constructfon ProjecL, Project Lacatlon Bid Dale Completion Date Complotc Gomplete Fundinp Cost
STP(U) Argai7ne F2oad Overlay Indiana Averrue to h9ontgomery Avenue Pdar-OG 1111l06 100% 90% 5 31e,600 $ 316,600
Road Design Prolccts
TIBlCPIL4Q PineslA7ansfield Project 4Vilbur Ftd. to Pin$s Rd., Pines to 190 Apr-07 1?115l07 6496 095 $ 1,032,015 $ 4,590,825
Sl"P(U) ApplQway Avenue F2eCOr►struction Tschirley Rd. to Hocbges itd. Apr-07 11115I07 70% 0°fU $ 609,000 $ 3,197,000
h3R Berlcer l2oad Bridge Repfaocment f3arker Rd, dt SpnkanQ River Deo-07 1211J00 60% 0`16 S 896,101 $ 8,092,700
Sewcr Proiacts
City Veradale lieights - f'aveUack Valteytivay to Mission, E+rergreen to Adams A1ar-06 611107 10096 80`l'0 $ 430,258 $ 430,256
C►ty Vera TeRace - Pavebadc 2nd to 71h, Evergreen to 8ums May-06 511107 106% 959b $ 341,204 $ 349,264
Ciry Spaldings - Paveback Indlana Wesl o( AAontgornery Feb-07 9l1f07 50% 096 $ - $ -
City Gra.ndvietiv Acres - Paveback Apr-07 1111l07 5096 0% S - S -
Gity 7tenhvood - Pavebadc A7ay-07 1111107 20% 096 $ - S -
Planning Prolects
STP(U) Valley Corridor Environmental Study Un3versiry to AppOeway nla Jun-07 a% 0g6 $ _ $ _
S?'P(U) Valley Coup[st - Projccl2 UNversity to kvergreen 0% 0%
Total $ 3,625,236 $ 16,678,645
STP(U) - Surtace Transport9tion Program (Urban); Ti8 - Transportation Improvcmeni 8oard; BRAC - Bridge Replscemerlt Advisory Cammittee; CDBG - Community Developinent Bfock Grant Pragram
CA9AQ - CongesUOn Managemeni/Air Quafity Program; STA - Spokanc Transit Authority
Dec 2 ~ - .nsbuction Projects
~
CIT1 ,SpWane
Val. le 11707 E Sprague Ave. • Suite 106 • Spokane Valley WA 99206
509.921.1000 • Fax: 509.921.1008 • citvhalian,spokanevalley.orq
Memorandum To: Taavid Mercier, City Manager, and Members of Council
From: Niua Regor, Deputy City Manager
Date: January 23, 2007
Re: Quarlerly Report - Summary o;f October - Deceinber 2006 Activities
Human Resources
Recruiting/F_mplo}nient
• Therc are a nurnber of newly tilled positions and recent Position openings. Follovrino is the recruituient
status of each position.
I'asitinit . ,Stuluc , - . -
Administrativc Assistant - CcntErPlacc 1Vew Position, interviews being seheduleci
` _ . A.sSiStant Fn ritteer
; ilTeti►, positials, iriten~ie~~~s scheduled _
Stornnvater; S rccis (2).-
Building Official Mary Kate Marcin: start date 01/03/2007
~ ` : Pc~sitions ari: ~tipcn anCl ac~verlisecl: t1. poul qf a~~~~ilat~le
Center.Flaee HostIrlostess-(~n _C:all ~jPplic,.i~~ts is b.eing so.u~,ht for_these on-call positions~
Developmenl CUnstYUCtion Tnspectar Reviewing applications
lWiv Position, interviews conciucted, co_usicierin.r
~Facilities Wcarker- Cent:erPlace ~.ea,ndidatesPermit Specialist Jennifer Davis: start date 10/16/2006
Permit Specialisr.- Replace,13Pake f; Deparhnent considaring options ' 7raining
~ Open E•nrollmenUCost Sharing Sessions conducted for all cmployees
• Public Speal:ing Skills cpnducted for City emplo}Tees in anticipation of mal:ing presentatians to Council.
Administration
• ruialized job evaluationlreclassification review process .f.or unplementation for all city 17eparfinents.
• PerCorniance Management: All performance cvaluations Tor 2006 completed
• Createcl draft persUruiel policies regarding large scalc incident planning.
• Pr.emium Only Plan implemented.
• Huma.n Resources & Applicatit Tracking modules .Eor .EDEN system upgradcd and implementeci.
17eputy City Manage.r Quarterly lteport - January, rontinucd
.JAI7LIA1'}' 23} 2007
-2-
Yubl.ic Tnformation • Providecl public in.faimaeion support to SpragueJAppleway Revitalization Plan to gain conunuiuty
interest, input and support.
• Police Chief sclcction.
• Pemiitting Relacation.
13usiness Rcizistratiion
~ 350 - Ncw registralions .
• 1320 - Annual renEjvals (17ue annually in laecember)
Web Site
Web Site Summary
4t1i Quartcr 2006
~ Octuber ~ Novernber ~ December ~ Yenr to Ditte ~
Uniyue User Sessions ~ 30057 ~ 2$288 26607 ~ 362255
Top Pages Viewed
Employment ~ 4019 ~ 4985 ~ 5166 ~ 55747
G1S/iVlaps ~ 697 ~ 839 ~ 730 ~ 9393
Centerl'lace ~ 412 ~ 284 ~ 249 ~ 7242
Community 17evelopment ~ SS I ~ 630 ~ 454 ~ 6595
Police ~ 599 ~ E27 ~ 643 ~ 5488
7bp "12eferre.r" Web Sites
Spokane County - Jobs ~ 520 ~ 480 411 5743
Spokane County - Gov't Employmerit ~ 365 ~ 306 260 3869
Municipal lZesearch (VIlZSC) ~ 211 ~ 17=1 171 ~ 2222 ~
Goop
gle ~ 119 ~ 94 98 i 1412 ~
Spo~a.ne . .
l
;ooWVaUey
11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99246
509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevatley.org
.
Memorandum To: Dave Mercier, City Manager
From: Ken Thompson, Finance Director
CC: Nina Regor, Deputy City Manager
Date: January 12, 2007
Re: DecQrriber Monthly Report -
Duruig ]7ecember, finance employees worked in the follewuig areas:
Budp-et varianceJuivestment renorts _
1'Zeports showing a comparison nf reveuues and expenditures, to our 2006 btidget, at December
31, 2006 are attached. Staff provides information on a11 fiuids quarterly.
;
It appears city general f-und revenues for 2006 will be $1.7 nullion (4-5%) greater than our
anietided budget. Expendihues -for the General fund vvil.l he sliLylrtly under aur amcndcd budget.
All othEr funcis Mll be within budget.
The process to close city 2006 books will contuiue for another si:c wceks bul surprises are
imlikely after Febniary 15. Thc inves~tinent report is also attached for your review.
Lodainp- ta.x altocation letters Letters and contracts were sent to those entities scheduled to receive room tax allocatians for
tourism. promotion in 2007. A representative of Six Bridges tarts Association met with siafF to
review city proccclures regarding disbursemeuts of lodging taY. Six Bridges Arts Assaciation
. was the only ncw entity to be approved for a 2007 allocation.
Multi vear financial nlan
Revenue and expendiftu-e estimates, for both operations and capital project:s are being updated
~r''~ fnr the January 27 retreat. J"his process includes reN4ewing proposed amendments to the Capital Facilitie,s Section of the Comprehensive Plan.
City of Spokane Valley
General Fund
Budget Variance Report
For the Period Ended December 31, 2006
At Jan. 12, 2007
. Amended updatss pending
Budget December YTD Unrealized Percent
2006 Revenues Revenues Revenue Realized
General Fund Revenues:
Unrestricted Fund 13alance $ 2,322,575 b - $ - $ - 0.00%
Property Tax 8,281,000 749,744 8,012,025 268,975 96.75
Sales 7ax 17,522,000 1,541,612 17,092,214 429,786 97.55
Gambling 7ax 910,000 26,084 698,244 211,756 76.73 1
Leasehold Excise Tax 2,500 2,048 9,367 (6,867) 374.68 3
Franchise Fees/l3usiness Lioenses 681,750 10,466 635,384 46,366 93.20
State Shared Revenues 1,121,000 138,573 995,433 125,567 86.80
Planning & Building Fees 1,685,000 88,040 1,935,745 (250,745) 114.88 2
Fines and Forfeitures 1,250,000 101,609 1,217,901 32,099 97.43 -
Recreation Program Fees 385,516 51,445 693,369 (307,853) 179.85 8
. Investment Interest 231,300 36,604 407,681 (176,381) 17626 9
Operating Transfers 40,000 - 64,300 • (24,300) 160.75
$ 34,432,641 S 2,746,225 $ 31,761,663 $ 348,403 9224
Amended
Budget December Y7D Unrealized Percent
2006 Exnenditures Exoenditures Exnenditures Realized
General Fund Expenditures:
Legislative Branch $ 304,267 5 12,296 $ 204,546 $ 99,721 67.23%
Executive 8 Legislative Support 470,105 30,924 366,077 104,028 77.87
Public Safety • 17,573,541 1,570,728 16,929,065 644,476 96.33
Operations 8 Administrative Svcs 1,436,170 107,673 1,303,984 132,20$ 90.79
Public Works 1,005,192 83,401 865,795 135,397 86.53
Planning & Community Dev. 2,286,740 141,215 1,883,243 403,457 82.36
Library Services 153,000 - 70,887 82,113 46.33 10
Parks & Recreation 1,854,665 116,280 1,643,405 211,261 88.61
General Govemment 9,349,000 2,378,733 8,638.290 710,710 92.40
$ 34,432,641 S 4,441,250 $ 31,909,272 S 2,523,369 92.67%
i112/2OD7 2:55 PPA
City of Spokane Valley
Other Funds
Budget Variance Report
For the Period Ended December 31, 2006
At Jan. 12, 2007
Am=_nded updates pendfng
Budgei December YTD UnreafiiCtl. f'ercent
2006 Revenuea Revenues Re:enue RealizCd
Qther Funds Revonuos:
S4reat Fund S 4,235,858 8 698,390 S 9,146,18.3 $ 37,673 99.119'0
Arteaial Streo4 Fund 589,855 3,965 45,135 523,520 7.94 11
Tra@s and Palhs 23,053 SS 6,7G5 16,348 29.09 6
1-Uotollh4atelFund 400,687 38,095 403,723 (3,061) 100.76
Debt SCrvfto - L7G0 03 600,000 • 589,535 10.485 58.28
Capital ProjeCts Fund 1,210,000 84,382 1,285,364 (75.364) 106.23
Spedal Capital Projects Fund 1,070,713 85,185 1,279,540 (208 427) 119,47
Street Capital Projects 8,385,E43 409,288 558,755 7,827,088 6.66 5
Mlrakexu Polnt Rroject 783,205 1,471 19,525 763,6aD 2.49 12
Street Bond Capital PMects 1,202,466 959 45,571 1,160,889 3,46 4
CD 81odc Grant Fund 2,000 1,475 525 73.75
Capltal Grsnt3 Furvd 8,211,000 371,964 3,395,791 0,815,209 41.36 5
BArterHridgeReoonstrerdion 890,400 63,189 276,290 614,1f0 31.03 5
Stortnwater Mgmt Fand 5,710,534 145,112 1,608,399 102,135 94.03
Equ1p. Rent31 8 Replacemeni 693,257 3,4611 38,070 657,187 5.20
Risk Mana9cment 169,939 80 162,522 27,417 85.57
Reservos: '
Centerptace operat(ng 300,000 1,445 15,006 284,894 5.00
Serv6Ce I.evel Stah¢liza5on 1,000,000 20,781 2,284,316 (1.284,316) 228-43
Winterweathet 590,000 2,397 24,864 475,116 4.98
Parkscapital 1,390,000 193,558 791,330 548,670 80.07
Civoc huildings 1.100.060 1.867,888 2,638,277 (1.538.277) 234.84
$ 34,377,582 8 3,785,775 5 19,652,W1 S 94,755,581 57.19%
Amended
Budge; Deoemher Y7D Unrealized Perrxnt
2006 & ili EmPncritures Ecflenditures Realizetf
Other Fuiids Expenditures:
Slreet Funcl 5 4,235,856 S 367,017 S 3,258,859 S 877,197 76.9L39b
Arterial Stree4 Fund 568,655 - 20,599 548,056 3_62 5
Trails and Paths 23,053 - - 23,053 - 6
HaelRvlntel Fund 400,667 33,860 246,974 153,693 61.89
Debt SCfvfCC LTGO 03 600,000 - 569,535 10,465 98.28
Capital ProJeCts Ftand 1,210,000 - 81.845 1,118,355 7.57 12
&peclal Gapifal Prajects Furvd 1,070,719 - 91,845 879,083 8.58 12 •
S4rect Capital Ptojccts 8,385,843 41,286 790,605 7,595,238 9.43 5
Mfrabeau Pofnt Project 783,205 4,875 99,689 683,516 12,73 12
Straet Bond Capital ProJects 1,262,460 436,126 378,868 323,592 73.09 5
CD Blcck Grent Fund 2.000 - 1,475 525 73.70 Capital Grants Fund 8,211,000 230,981 3,560,665 4,65Q,335 43.38 5
Baricer Bridgo RecansWClion 890,400 67,190 343.427 546,373 38.57 5
StormvraterAlflmt hund 1,710,534 239,544 1,225,237 485,247 71,63
Equip. RentF+f & ReFdacemnt 643,257 12.200 35,736 657,521 5.15 12
Risk Management 189,939 - 165,801 24,058 67.33
Reserves: -
Centerplace aperating 300,000 - - 300,000 -
Service 19ve1 stabclization 1,000,000 - - 1,000,000 -
Wintertitiealher 500,000 • - - $00,000 -
Farkscap:tal 1,300,000 - - 1,300,000 - 5
Clvtcbuflcf.ngs 1,100,000 - 543,337 546.6E3 45.76 12
S 34,377,582 $ 1,432,893 S 11,903,877 S 22,473,805 34.63%
1117I2007 2:55 PA4
City of Spokane Valley
Investment Report , i
For the Month December 2006
Tota I
LGIP' F&M MM Investments
Beginning $ 28,200,222.17 S 1,565,971.50 S 29,766,193.67
Deposits 1,912,980.51 - 1,912,980.51
Withdrawls - -
Interest 127,440.94 5,673.21 133,114.15
Ending $ 30,240,643.62 $ 1,571,644.71 $ 31,812,288.33
Balances bv Fund
General Fund $ 7,274,699.54
Street Fund 4,446,012.56
Arterial Street 881,502.57
Paths & Trails 16,252.99
Hotel/Motel 407,178.01
Center Place Op 321,297.05
Service Level Stab. 4,620,022.49
Winter Weather Res. 532,792.90
Capital Projects 3,255,308.90 Spec. Capital Proj. 3,453,860.35 .
Street Capital Proj. -
Mirabeau Point Proj. 371,392.83
Street Bond Proj. 180,157.30
CD Block Grant Fd. -
Parlcs Capital Proj. 1,346,866.33
Civic Bldg. Cap. Proj. 2,642,849.19
Stormwater Mgmt. 1,251,516.51
Equipment Rental 788,798.51
Risk Management 21,780.30
$ 31,812,288.33
*Local Government Investment Pool
FOOTNOTES
1 Received quarterly
2 New construction projects are exceeding our estimates.
3 I'rojected revenue was too low
4 See expenditures
5 Capital projects often take a number of years to plan, engineer, acquire right of way and
construct.
6 No projects planned in 2006.
7 Reimb. Due city for block grant project.
8 Some of this will be allocated to 2007 income
9 Amount of cash invested and interest rates are up
10 Delinquent tax from 2005 library levy, paid to library district
11 All gas tax receipts now go to the Street Fund
12 Few projects/expenditures using these funds in 2006
~
I
1l1212007 2:55 PM
MFMn
,
TQ: llave Mercicr, City Manager
FROM: Gcorge Wigen, Administrative Sergeant
DATT: ,Tanuary 16, 2007
RE: Monthly Report Deeember 2006
Attachcd is the activity report for Decembcr 2006 for the Spokane Valley Police llcpamnent.
Compuler-aided dispatch (CA.D) incidenls totaled 4;615. These are self=initiated officer contacts,
as well as calls for service. Out of khose incidents, 1,396 actual reports were taken during the
month of Decembcr. Attached is the breakdown describing those incidents. Additianally, there
Nverc 1;740 trafric stops conducted tliai resulted in 296 traffic rcports. Included are the hotspot
maps for llecember c:ommercial burglaries and December tYaffic collisions, along with NOVember
& December stolen velucles.
AD]1T[N ISTI2ATIV L:
Captain Russ Shane continues to servc as interun Chief or Palice while a sclcction process is
being conducted.
As of January 1; die Spokane Vdlley Police llepartment building will be under the owncrship of
the City af Spokane Valley.
COIVIMUNITX QRIENTED YOLTCING:
Hulidays and Hcrnes Hclps Make Christmas ]3rightcr
1 he Spokane County Sheriffls Office, Spokane Valley Police 17cpxrttnent, Post Falls Police
Deparmient, Kootenai County Slieriff s T)ePartmeni, Coe«r d'tllene Police llepamnent, Coeur
d'A1ene Tribal Police, Koptenai Fire L7epartment, ancl numerous volunteers were proud to join
together and participate again this year ui the "Holidays and .Heroes" program. Policemen and
firemen volunteer thei.r time to make this event special as they work in partnershiP with
businesses, civic groups and citizens in the sLu-rounding arca to inake a needy child's Christmas a
little bit brighter. '1'he agencies followed the same format as in prior years in wluch several.
officers and firemen from Spokane and Coeur d'Alene take children shopping for the day.
Children's names are provided to the organizers by School Resource C7fficers, school counselors,
police officers, deputy sheriffs, or fremen who have come into contact xvitli a needy cllild during
this last yeaz.
The December 17 event began with cluldreti being picked up at their home by a policc officer iu a
pafrol car. Officers and firemen then mobili%,ed in tandem arid took the cluldren to the Spokane
Vallcy Wal-Mart ancl the Aost Falls Wal-Mart. Police and firemen [ook the cbildren lh.rough the
store, pickulg oul Christmas gifts for them and tlieir families.
Page 1
SCOPF ta Hire New Director
Plans have been made to lure a ncw civilia.n director for SCOPL iu the near Fuhire, and SCOPE
has a1s4 been working to enhane.e and increase its Board of Directors membership. OPFRATIONS:
Foruicr Aeputy Arrested Again
A failed urine analysis test has resulted in die arrest of a fornler Spokanc County Sheriff's deputy
who nearly killed a patrol sergeant in a hcad-ou collision in 2002. Janies Lee Crdbtrcc was
arrested on an arrest tivarrant chargi.na him with Failure to Comply. The warrairt, which carricd a
$150,400 bond, was i.ssuerl after the suspeet failed a UA test that was administered as a sentencing
condition on a previous Driving NVh.ile iJnder the lnfluencc of Alcahol/llrugs coiiviction.
Crabtree was convicted of Vehicular Assault after he crossed the centcrline on Bigelow Gtilch
Road and hit sheriff.'s Patrol Sergeant Earl Howerton heaci-on. Cocaine was discovered inside thc
car after the crash. Althaugh both cars were totalcd and HAwerton was severely injured in the
crash, he was dblc to return tca full duty at the sheriffls office. His recovery tonl: nearly a year.
:Qrivcr Arresfed Tn Fat'al Hit and Run
Almost sLx months later to the clay, shEriffls traffc cieteetives have arrested a suspect in the June 9.
hit and run collision that killed Costco pharmacisl Robb Long. Christophcr J. Lynch, 23, was
baoked into the Spnkanc County Jail on a fclony count of Vehicular I-Iomicide.
Detective Don Manning said T.:ynch was clriving a Dodge IntrePid the night of the collision. 1"hc
car was found Tuesday hidden at a friend's honie in the Mica, Washingtan area. It was seized ancl
processed by sheriff's forensics specialists. Witnesses tnld policc the day of the collision that the ;
driver of the westbound Tntrepid drove up and over a concrete median underneatli Tnterstate 90 to -run a red light ancl enter tlle westboluid I-90 on-ramp. 'lhe suspect apparently did not see Robb
Long who was eastbound on a motor scooter and approaclun; the intersection on a green lijht.
Long laid the motor scooter on its sidc ui an attemPt to avoid the collision. "I'hc lntrepid missed
the scooter, but ran over Long who died at the scene.
Leads in the case evaporated anct a Secret Wiuiess reward was eventually offcrcd for inforniation
that might solve the case. A tipstcr called and named Lynch ancl his car, aild it was one of
hundreds o£ intreriids that Manning sought out to check. Lynch was not home the day Macuung
arrived, aud the detective left bis carci with a girlfriend at the horne. T1ie eard apparently spooked
the suspect who hid the car vvith an 41d friend 'ui 'Mica. However, the friend be.-an ihinking about
his poteirtial invalvemcnt in the case and relayed inf.ormation about the car and its whereabouts to
a retired police aFticcr Nvho contacted Manning. The case snowballed from there ancl eventually
endeti in Mc'i[llllllb and Detective Kul: Keyser intervieAring Lynch. That interview resulteci in his
arrest on the Vehicular Homicide Chargc.
Standoff Suspect Arrested A man who violated a \jo Contact Order by confronting his former girlfricnd while armed with a
rifle was arrested after a tlu•ee-hour standoff at the Flantes kcrry soccer complex. Spokaile
Valle•y Police had been looking for James Allen Hilde when a 9-1-1 complainant said he had lefe
his home nn Fa.st Wellesley, arlred with 1 rifle aind despondcnt. Officers were unable to locate
IIilde on that call, but receivcci a second call that he had Uroken into his former girlfriend's
apartment. Hilde left when the woman ordEred hun nut of the apartment; but O£ficer ]3racl - '
Page 2
Gilbert spotted the suspect's gray Lllodge Durango headed east on Trent at tifeDonald Road. He
and Officer Tim Jones attempted to stop the suspect, but Hilde led them Qn a slow-spccd, muiutes-
J long ptusuit that ended whcn he drove intn the park and across the soccer fields. 1 he suspect
stopped mid-f eld anci officers quickly surraunded him so he could not iirive back onto Wellesley
or 'Crent Flvenue. The sherifPs SWAT Teazn was summoned, as we•re trained negotiators.
Dctective Dan Blashill establishecl cellular phone contacf with Hiidc and ultunately talked him
into surrcndering. Officers inirially believed the suspect had btoken into the former gul&iend's
apartment, but after-actinn investigatioii revealed that she had given him a key which he used to
gain entry. Hc was not an•ested for burglary, but was bookcd into tlle Spokaiie County Jail on
charges of. Attempting to Flude a Police Vehicle and Violation of aNo Contacc prcier. N'o one
was injured during the confrontatiAn in the girl&iend's apariment or at T'lailtes Ferry Park.
Second Time's the Charm
A Spokane Valley Police officer caught tlie suspect in a morning bank robbery within minutes
afler the man walked away from the c•rime sccne with a handful of cash. It was Officer Brian
Herl's second bank robbery in as many weeks, and the suspect inight be the "onc that got away" in
the earlier incident. Hert was working the Spokane Valley when tellers at the Farmer's aiid
Merchant's Ban.k. branch at 509 N. Sullivan Road activated a robbery alarm. IIe arrivecl in the
area oFthe banc Aithin minutcs fuid Uegan searching for the suspecl, who had walked southbaund
from the bauk. Te[lers said the suspect was awhitc mate in lus 40's who was 'wcaritig gray k.nir
hat and gray jacket. Hert spatted the maxi, now sans jackct, walking south hEhind the Weudy's
12estaurant al 225 N. Sullivan. The suspect still had on the gray hat and the ofFicer tc,olc him into
custody Arithout incident. A sherif:fs K-9 tcam later found the discarded jacket behind anU[her
bank sihiated between Farmer's and Vlerchant's and the fast food business. Hert identified the
robber as O.K. "Joe" Allen Brown; 42. 111e suspeet still had the robbery note as well as the cash
on lum when taken into custvdy.
SCOOTFRS Avll 1311M(.5:
1'here were no scootcr or bike cc7Uisions in Dcceiliber.
~ .
Page 3
2006 DECEMBER CRIME REPORT
~ Dec-06 I Dec-05 I 2006 Total 1 2005 Tota) I 2004 Total ~
BURGLARY I 591 441 714 1 7441 9971
FORGERY ~ 321 261 334 1 4641 4651
MALICIOUS MISCHIEF 1 721 551 1,122 1 9041 1,2241
MON-CRIMINAL N 661 661 811 N 7491 9161
PROPERTY OTHER 1 731 821 982 1 1,1541 1,6651
RECOVERED VEHICLES I 461 401 403 1 3331 3901 '
STOLEN VEHICLES ~ 831 75 711 1 603 5771
THEFT 1 1691 171 1,888 1 2,256 2,8531
UIOBC 1 21 11 11 1 81 101
VEHICLE OTHER I 0l 0l 31 51 401
VEHICLE PROWLING I 661 831 937 1 9581 1,3821
TOTAL PROPERTY CR/MES 1 6681 6431 ' 7,916 1 8,1781 10,5191
ASSAULT 1 641 801 846 1 8941 8801
DOA/SUICIDE 1 161 161 1671 1591 1641
DOMESTIC VIOLENCE ~ 791 461 736 1 7621 7551
HOMICIDE I oI 11 51 11 51,
KIDNAP 21 21 22 1 351 24
MENTAL 461 261 425 1 4251 386
MP ~ 61 81 88 1 971 1061
PERSONS OTHER ~ 831 971 1,159 1 1;256~__ 1,6241
ROBBERY ~ 7 51 58 561 581
TELEPHONE HARASSMENT 5 4 83 921 1901 •
TOTAL MAJOR CRlMES 3081 285 3,5891 3,7771 4,1921 _
ADULT RAPE 51 41 29 1 391 37
CHILD ABUSE I 51 101 781 1011 128
CUSTODIAL INTERFERENCE I $I 12I 1051 881 2051
SEX REGISTRATION F ~ 11 21 31 61 41
INDECENT LIBERTIES ~ 1 I 21 151 91 211
CHILD MOLESTATION ~ 6~ 41 69 I 671 771
CHILD RAPE ~ 41 21 62 1 351 301
RUNAWAY 1 151 20 3091 3111 4371
SEX OTHER ~ 121 13 203 1 1811 1621
. STALKING ~ 0l 0l 17 1 271 351
SUSPICIOUS PERSON I 121 12 177 1 2441 3411
TOTAL SEX CRIMES ~ 691 81 1,0671 1,1081 1,4751
DRUG ~ 551 801 665 1 8911 9991
ISU OTHER ~ dl 0l 0 I oI 11
TOTALISU ~ 551 801 665 1 8911 1,0001
~
TOTAL TRAFFIC REPORTS 1 2961 2591 3,345 1 2,4031 2,7761
~
TOTAL REPORTS RECE/VEO ~ 1,3961 1,3481 16,5821 16,3571 19,9621
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