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2007, 02-20 Study Session r ! . AGE.NDA CI'lY OF SPUK-tNF. VALLEY C'iTY COUNCIL WORKSFiF:FT STUDY SESSION 'Fucsdsy. February 20, 2007 6:00 p.m. C1TY R.ALL COLTNCIL CHANQiERS 11707 F.ust Sprngur Avcnuc, Flrst Floor (Flcasc "1'um UtT:UI Electrnnic ilr-t•icrs nuring lhc Mecting) D(.SC'LsSS[t)N t.EADF:it SUB.IECT/ACTf'V'l7'Y GnAL 1. Jim (Iuttcnmaicc. EDC Lconomic Devclopmeut Cnuncil'9 (EUC) DiscussionlInfQrmation (l5 minutes) Pourth puartcr Rcpon titrvc NVurlry (15 minutes) Spokanc Rcgiana) Trunspartaiion Cauncit DiscussionJlnformntion (SRTC) Cail far Pmjects 3. Nci) Kcrsten (l0 minutcs) Street Swccping Rcyurst Fnr Pmpesals [)iscussion.Jinformution 4.'veii Kerten (10 minutes) Beverly Hills nrainnge irnpro\rcmcats [)iuussian.lnlormution Ncil Ken-tcn (20 minutcti) 20()1 5cwcx Pavrhack Program Mrtnorandum Discusseon/lnformation Of Understnnd'mg 6. hinrine Sukup (60 ntinuics) Unifnrni Devclopment Cadc (UDC) Titlc 21 Discn~sion/infarmation \4ayor A'ilhitc A&ancc rkgencla Addition5 Discussianllnformatiun 8. lnjarnurtron Untv: (I'hcse ivi1l nnt he disctcssed ar relmrted upun.) v. UUC 7'iltes 19. 22 und 24 -;bturina Stdup h .CvhlP Frunchi.rr Erteii.sintt - -Ilorgm1 Keurlc+lka c. nrpcrrtment Repnrrs 9 l4lnyut N'ilhite Council Check in Discussionllnformntion 10. e Mrnicr City MnnagerComments Diseu9sionlInforutatian ADJO C1RN Nulc: Ualcss ather.rise noted abuvc, thci•c will t,c oo pub{ic comments st Couacil Study Sessionx. livN•c.,cr, ('ounri! rlwmysrescr%es the rigttl to reqnesi fnformallna fruro the public aad stalf u tpproprbte. !?taing mecting3 held by the City af Spokene Vnltey Cvuncil, thc Gwncil crscerva thc right tn tal;o "actian" an aay item listed ar subsequently addcd tn thr agrnda 7he tcrm "actinn" mrana w dcEiberate. discuss, reviow, constder, naluatr, ar maks a rolleciive pasitivc or negasive decisian. :JOT{CE: tndivkluals plamiag a aneod me maerirg wM requue cpeciel .rxiwo3ce w.ccommodxe phyzical, hearitt& ar othct impsinnmb„ pleme oontict the City (;Iaic at f 5tyA 431-1 WO a► soixt ea pfx-6Ak v+ thnt irryngrmmts ncay he mack ~t!~d} S: svnn A3cn"la, Fr.t-ruvy '11, 2007 ;'•rs: i,,f 1 . _ Plruac °°tr' UC 'Cilles 19, 22 and 24. arc Informiitian Only Items fix Tue, Feb 20, and Agenda discussion items for Wed, Feb 21. ~ Greater 8oi W. Riverside, Suite ioo, Spokane, WA 99201 ~ Pt~one: 509.624.r393 or i.8oo.SPOKAn7E Spok5ne Fax: 509•747.0077 Incorporated TM titi+ryv.~Scatc~sLOkanci_itcoC~~nr~ted.org YFAR END REPOR'1' - 2006 Hebruary a, 2007 Business Rccruitincnt . Recruited five new companiES to the Spokane area and 142jnbs, bringing an average annual wage impact to the community of $5,091,97$. • To date, a total of 146 recniited companies employ 808o people, bringing an average annual wage impact to the cOmmunity Of S289,740,720• • Thesc 146 recruited companies created 872 neNv jobs in 2006. Business Expansir)n • 'The I:XC assisted with iiine coinpany expansion projects, which created i53 new jobs, bringing . $5,486,427 averagc annual -vvage impact to the community. ~ • Since aaoi, the EDC has assisted 42 conipanies N+rith the creation of 3.429 jobs, bringing 551,242,511 average annuitl wage imp3ct to the Community. Recruilment NATins: • 7'he H I)C aculounced the recruitinent of Ciltical Logic this quarter. Other business recruits for the year include Healthcare Kesource Group, Guarclsmiirk, Wrapsacks, and Vollt'l'echriical Kesources. L.ead IteporL• . The F_.AC is ctirrently working with: • 32 ranked recruitment leads . • 14 ranked earpansion leads • 951ong term leads L.oss Rcport: - Year-Co-dale, a lotal of ten recruitinent losses have been reported. Inbound Site VisitA.cti%rity: The EDC had a tntal of 29 inbound site visitaTions during Che 4th quarter 2006. Here are some examples: • A manufacturer of BBQ sauce toured the Spokane area looking tn establish corporate heaclquatters and a small distribution facility. The company plans to create five jobs and is also GreaCer Spukane Incurporated - Iiitegrated to Aceelerate Regiona] Eoonorcuc Prosperiry - Tl1e Spokane EDC and Chamber %4^,n, guatersookaneinoQ,spMted.org 1 lobking at llie statcs of Texas ancl Flprida. • Aii i3ibound customer care center emplo}ing 25 touretl the area. The company is most interesteci . in the qualiTy and quantity of the area worl:force. Competition includes Albuquerque, VM. 1"he company will be making a decision Q2 of 2007. • A Product Li.festyle Management Sofhvare Company visiled ttle area to mect with the engineering clepartments of IWSU, U of I, EV1'U, and Gonzaga to determine if Spokane's aXea e4lleges can rnaintain a sustainable workforce of ineclianical engineers for the eompany. Tkie project is in collaboration .+Zth SIR'1.'I, CCED and the Governor's office. ':['he client Nvill revisit Spol:ane on Febniary 14; a meetitig is tentatively scheduled m. id-March in Spol•ane N%rith the company's president aricl Governor Gregoire. Gaver.nor rnet avith the president at the Paris A.ir Show in .1une 2005. Qutbotuicl Site Visil'.Activity: • Stan Key traveletl Yc> California on a recruitment trip .+rith Bob Yotter (INGr1). He -,risited with eight California manufacturers interestad in relocating out of the region. One company has plans in the wrorl: to move l'o our area later this year, and hvo other businesses plan to tour the Spokane cegion la[er this year. k.xpansion Activity: • The EllC has assisted tivith a total of nine compan}r expansion projeGLs in 2pp6. Six af those , companies received Coinlnunity Empowerment Zone benetits. `1'hose six companies created 147 new e.Kpansion jobs and had eapital projeets that totaled $26,750,000. • Since CF"/., inception in 20oi, a total of 38 company pcojects have created rnore than $76 million in capital investrucnt, and 12o9 new.jobs, with 591 coming fionnwithin thc CEZ. - Marketing Report: • A total of 7,691 touches were made t'o site location consultants in Q4, and a total of 48,i59 in 2ooG. • A l'otal of 40 elrned media hits N-ere achieved in Q4, ancl a total of 20o in 2006. • Qq I-'JeU site stats include more t}iari 32,000 hits uZOnthly; 56o uniquc users; 8,60o visits (n::ivigation through thc site); and is referreci by CToogle more than a,ioo times a month. • Spokane VitalslN, an indicators publication that benchmarks the Spokane r.egion against r.y peer communities is nowavailable for the first time. `1'his publication Nvill be updated on an amiual . basis to measure progress. • The rDC partnered with the CVB on an A1aska Airl.ines/Horizon Air magazine inserk that focuses on business and lifestyle assets. Alaslui tLirlines/.Horizon Air reaches $1.8 million each rnonth. • Greater Spoktine Inearporated partnered N.rith the Journal of Business on a 38-page inscrt that w211 go out to all subscribers on H'ebruary 22: Greacer 5pokane lnoorporated - Integr;:tecj to Accclerate Regional F,conomic Pcc>sperity -Thi: Spokane EDC ind Chaunber c,wRV.greHterSnokaneincorR ratcd.nr5 2 ' ~ ( r ' .~M 1 ~1' • ' I , II_. ' ' " " ' .t'~i. ' i.~ y~ ! 7q # ~C.~l~Vtl _ ~ 1 t 2TV~ll Tatal Rankod T.eads " 26 31 35 32 ~ Total Lonfz-Term Leads 74 112 ~ 115 95 ~ Expansion/Rctcnkion Lcads' I 10 15 ~ ?o ~ 14 New Project I.eads" 5 4 3 ~ 3 IA-ad Status R.ecn.jitment 4Vins ~ 2 4 4 5 ftecruitment Losses 2 ~ 5 ~ 9 ~ in . ~.•cpansion/Retention Wiris o ~ h ~ 9 ~ 1) Expinsinn/Re:tentiUn [.r,u.tic. 0 o o ~ o Project Wins I 1 1 i ~ 1 Proikct G.osse.5 0 o a o PrpposalS Submitttd 6 ~ 28 55 84 I Client 5ite Visiis (ou4bound) ~ 4 ~ 18 ~ 25 I 30 ~ Client Site Visits (inhouncl) ~ » ~ 19 ~ •'-a ~ 24 ~ CL•ZCa i[alProjects O $ 20,250,000 $ 22,250,000 ~ 526,750.000 Prospecting Acti%rity Recroitment Direct Mail 4.34 884 1317 1475 Site Selector Contacts ~ 9748 26,441 40.468 I 48,159 ~ F-irneci R9eciia Hits TI 123 ~ ~6o ~ 200 FAIvi Tours 0 i ~ i 1 Local Client 2vfeetinRs 48 122 162 202 ~ ftoundtableA4eetint; ~ 71 8.~ ~ 91 101 •'I'otal rnnkPd, long-term, exp:msi0n/rcfr.ntion, and projc5ck ]ead count5 N-ary• fmm quartcr t0 quart.cr, and thcrefBrt tht tOtal Q4 oowics orify re8eet those curmntly in tlie pipeline. Gmater Spokane Incorporated - Integrated to Aocelerate Regional Lconomic F'rasperity - The Spokane LDC and Chamber . wivw. ereatc rsnokanei mmniora ecd_orG 3 ~~J} . . I , je~'~~.'• 'R _ p1:1~~01 ~ n~er-Nes sho~~n b.y ~!i _ ~pol:ane V~ ~ , Y J ` ~ _ ~ ~ ♦ l ~ . \ \ t~:~' / ~ ~u.ster and ]ocation in Co~fatv S}~0kan vallcv ~L?~~t~,,13~i,~s,$,~,~s: Z~~os~ls,,on~.r:.~2ooG . 4 4 • ~ '.24. _ . . . l~ I I ~ I I , I ~ Vlanufachiring ~ h 7~ 14 ~ 8 ~ o ~ Technology ~ 4 4 ~ 1 ~ 4 ~ 0 ~ Logistics ~ .3 ~ 2 ~ 6 ~ i ~ o l ~ Healthcarc ~ o ~ o o ~ o ~ o ~ ~ Shared Services ~ 2 ~ 17 8 ~ 6 0 ~ ToYaI Q4a. 141 30 _ ~ :19 I . 19 Q , ::i.nz.. Y,'.~ ,'~'I. ' y`i ic_ir?, y.. . ...:i{7&` Y~-~ =:1 + ~ w ~ ,}zti 4•a £~r-i7' Recruitrnerit ] j~,~d r p S~-. a+~tJ 6 ~I~n~4 'Long •1 rermr1~' ".~.k~l1,Sour.cc~,;<.:~y . ~l~ij.~~~.~rt~s •X Outbound (Dicect Mail ctc.) i 5 32 34 ~ ILIbOUIICl 4 7l,rj I 26 v• ~ LNEt1 O ~ 4 7 ~ 11 ~CTED oI 69 '1'radeshow o I o 1 6 5 WEDA o ! o I1.2 12 Othcr i ~ 2 q 12 Sit:e Selec;tor 0 3 Refer.rals 4 io `I'f►tel 7 2.51 91'i 1 llq . . Spokane Area CI)C Yrojeet Updstc: VVlslungton State Innovakion %one Grant I.ast fall, the Covernor's office issued a request for communities t:o prpvicle pplii;y input orl ChP development of potential innovaCion zones. A Spokane team submitted a i-esponse to ttie Goveruor's Office, focused on researcla and develoPment activities araund healthcare in the region. During the Governor's State of the State lddress, she explicidy mentioned innovalion r,ones as a key eCOnomiG development strategy for Wash. i.ngton SuACe. An innovation partriei-ship rone bill is being sponsared by Representative VanneWage a nc3 Sena Cor KaSCarna. Comprchcnsivc Econonuc Developm_ent Sh ategy (CFAS) Projsct proposals are currendv Ueing revicwed by the Project Prioritization sub-cominittec. Regional Sitc Sclcctor The Regional Site Selector ivebsite project was initiatea in 2006 with the signing of a eonLraet behveen the founcti.ng parties: Spokane A.re<< EDC,WSU Spokane, Spok<jne Count:y, City of Spokane and Avista. Recently, City of Liberty Lake joineci the project, tiviCh City of Spol:t~►.ne Vailey reviewing their membership in thc consortium. 'che implernent3don of the site seleccor is planned for March 2007. Look for an arlnouncemeoC of the launch of the new website. Grcitcr $pokane Tntorporaled - Tnlcgrated to AceclcraCe Regional Ecpnpmie PrOSixrity -'I'he Spokane EDG and Chamber w+,~vw.areater.c;i)aka neincoroorated_orG 4 r~> CITY OF SPOKANE VALLEY ` Request for Council Action Meeting Date: February 20, 2007 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information 0 admin. report ❑ pending legislation AGENDA ITEM TITLE: SRTC 2007 Call for Projects - Federal Transit Administration . Section 5307 Funding GOVERNING LEGISLATION: n/a PREVIOUS COUNCIL ACTION TAKEN: An informational memo regarding this Call for Projects was included in Council's February 6, 2007 packet. BACKGROUND: - The SRTC issued another Call for Projects for the expenditure of Federal Transit Administration (FTA) Section 5307 funds. Proposed projects must be primarily related to public transportation purposes in the Spokane Urbanized Area to qualify for funding. The amount of funds available for projects is estimated to be $20 million and will be available for the Federal Fiscal Year 2008- 2011. Project applications are due to SRTC by 4:30 pm Friday, March 2id. Attached is a list of projects staff proposes to submit grant applications for. OPTIONS: Discussion of proposed project list. RECOMMENDED ACTION OR MOTION: Direction to staff on proposed project list. BUDGETIFINANCIAL IMPACTS: There will be no financial impacts to the 2007 budget. Projects selected for funding under this Call for Projects are anticipated to begin no sooner than 2008. City funds needed for any selected projects will be incorporated into the appropriate budget for the year the project is scheduled to be constructed. STAFF CONTACT: Neil Kersten, Steve Worley ATTACHMENTS List of Proposed Projects 1 ; List of Proposed Projects SRTC 2007 Call for Projects FTA 5307 Funds ~ FY 2008-2011 1. Sidewalk/ADA Projects - on STA bus routes at various locations 2. Sprague & University Concrete Intersection 3. Sprague & Bowdish Concrete Intersection 4. Sprague & McDonald Concrete Intersection 5. Sprague 8 Evergreen Concrete Intersection • 6. Sprague & Pines Concrete Intersection Improvements 7. Mission & Pines Concrete Intersection 8. Concrete outside lanes of Sprague Avenue - University to Sullivan The above is a preliminary list of projects that can be modified as we get closer to the , application date. Staff will learn more from SRTC on the types of projects that qualify for these 5307 Fund grants at a worlcshop scheduled on Thursday, February 15th. Staff will discuss what was learned at the worlcshop at Council's February 20"' Study Session. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 20, 2007 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business Z new business ❑ public hearing information (29 admin. report ❑ pending legislation AGENDA ITEM TITLE: Street Sweeping Request for Proposals.- Touch No. 2 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Street Sweeping and Snow Plowing Level of Service - November 14, 2006 meeting. BACKGROUND: The County has provided street services for the City since incorporation. Street sweeping services was one of the activities proposed to be fully contracted out in 2007 in the transition plan of the interlocal agreement. As part of the transition plan, the City hired AA,A Sweeping to perform the 2006 fall cleanup. This contract was performed under our Small Worlcs Roster. The cost of these efforts was approximately $98,000. The County has indicated that they will not provide street sweeping services to the City in 2007. The City requested proposals for street sweeping services on January 12, 2007. The proposed contract term is for a period of one (1) year with seven (7) one-year renewal terms which may be exercised at the option of the contract manager. Proposals were due on February 6'", 2007. AAA Sweeping was the only company to submit a street sweeping proposal. Their proposal is attached for your review. . The stormwater fund and the general fund have reserved $473,687 for street sweeping for the 2007 calendar year. OPTIONS: Staff negotiates a contract with AAA Sweeping based on their proposal and brings a proposed contract back to Council for their consideration or other direction as requested by Council. RECOMMENDED ACTION OR MOTION: Move to approve staff to proceed with negotiations with AAA Sweeping. • BUDGET/FINANCIAL IMPACTS: The contract will be funded by the current 2007 approved - budget. STAFF CONTACT: Neil Kersten ATTACHMENTS AAA Sweeping Proposal ~ ; . 4 . . , ' . . . - . , ~ RFP PACKET - ~ ;wo Sf)iol&ne . VaHey ~ Street Sweeping Services ~ ~ . ~ PROPOSAY, NO. 07-001 ~ , ' . . ATTACffiVIENT A - PART 1 GENERAL INFORMATION ' . A. Lcgal Name of Applicant Company AAr4sulU--covr~ L~ . . ~ U . B. Name of Gontact Person , . . ~ ~ s~,~,~ ► T~~~ ~I&Wh ay' . Telephone Number including area code 5o q- ?a- a-f 3(o Z . e-mail address . C. Did outside individuaLs/agencies assist with preparation of this program7 YES 7C' NO ' . If "Yes", please de$cribe: ~ . • - ~J D. RECEIPT O'F ADDENDA: Firra acknotivletiges receipt of the following addenda if any: Addendum No. Addendum No. Addendum No. Addendum No. Dated Da#ed . Dated Dated . I certify that to the best of m'y knowledge the information contai,ned in this RFQ for qualifications is accurate and complete and that Ibave the legal authority to commit this ageacy - to a contractual ageement. I realize the fiaal fundi.ng far any sezvice is based upon funding . . levels and tho approval of the. Spokane Valley Cify Council. ' S,,~ avct ►M~ ~e~d~►- . Print Name ' Title a-6-0 7 S-itire, A~ or, or Applic.ant Agency . Data , l, ' ' • • . l . ATTACHIMMEMENT A - PART 2 ' ' ADMINISTRATIVE INFORMATION. . A. FIRNi: ' 1•. Nama of firm: rQ tqt~ 2. Business address including zip code: •¢~D 3O~ (001 v~~ ~~0 3' - 3. Telephone number including area code: 5~~ a a` 13(D J 4. FaY number including •area code: 5. Federal Tax Identification Number: 9-6) 6. ti'Vaslungton State UBI Number if issued: t-0 (o Lf 7. State Industrial Account Identification Number if issucd: U~8. Followi.ng is a listing of all engagemenis the company has undertaken in the last five years that have resulted in: _ (a) Arbitration or litigation and the disposition of the cases. - (b) Clai.ms being filed by tlze Federal Govemment or tke Washington State ' Departments of L& I; Employment Security or Revenue. " (c) Liens or claims recorded with the Spokane County Auditor by suppliers or. • subconiractors. List with whom, for what, and amowst. - B. INSURANCE COMPANY: 1: Name of Insurance Company ' A-C6r d,~cu Nov-~f hwaAt" 2. Name ofInsurance Agent: Chai(luo.s eur-VS ._.._--3-.Addre'ss-izrcludingzi code•----- • P" • C~-f~-I-{~: 6~~1:~-f~l•Q.(~Q:,...~~ 1-~fOC~--...._.... _ ' SpD kclrru, c.t) A 4. Telephone nuxnber including area code: . • ATTACHMENT B- fiVALUATION CRITERIA AND jdEIGIiTS 1. FzRPi EXPERIEIdCL SJXTH SIP'ITLAR PROJEC7'S. - AAA Sweeping, LLC has been in the contracting business for twenty-one years. Thc company has performed Parka.ng Lot Maintenance, Street Sweepa.ng, Vactor* Servzce and Road Cons;t'r,u~c.ta.on (Asphalt Planning) in both the public and private scompany has pexformed work in Washingeon, Sdaho, rlontana and Oregon. , r1AA Siaeeping, LLC has performed sweeping sexvices foX the following muna.cipalitxes : . City of Spokane Vallep Tim Klein 509-921-1000 Sweeping Servics for 2006 City of 14illwood Clev'e Mccoul 509-924-0960 Sweeping Services frorn 1985-2006 Spokane County 509-477-3600 Sweeping Sexvices for one year State of Washa.ngton Red Reby 509-324-6000 Sweeping Servxces for'one year State o£ Xc3aho Bob EwYng 207-772-1200 Sweeping Sezvices for fa.ve years Bureau of Indian Affairs Colville Tribe ~ Wayne Kensler 509-624-2551 Sweeping Services froin 2001-2004 ~ JJ Sweepxng ser.vices performed £or Che above municipalities ranged fz-om one week L-o three months in duratiion, with contract amaunts ' , ranging•from $ 5,000 to $ 300,000. All serva.ces were completed within timelines and budgeY.s o£ the entities. `fhe key persani7e1 and positions dxrect].y involved in this proj ect would be the same personnel as our comPany had on the project in 2006. 2. PROJECT UkNAERSTANDING & W012K PLAN. ' The preliminary sehedule for spring clean sweeping would begin in Ptarch, 2006 wieh two compl@te crews. tr7e wnuJ.cl concentraCe ' on the principal, minor and colletor asterials initially and continue with residentxal roacls per the City of Spokane vaiiey da.rections. The summer sweepz.ng would begin in June ancl agaa.n in August with arterial sweeping and the fall sweeping rrouJ.d begin in late September wiL-h artierials and resa.dential areas per the City of Spokane Valley dxrectiYOns. All scheduling.taould be finalized with city representatives prior. to bega.nning work. ~y The equipment to be used for this conCract is listed below: % 1 6 Yard Loader ' 3 Air Sweepers 1 12 Yard D'ump Truck 2 4000 Gallon SJater `rrucks 1 Kickbroom . 3. ~ Mvt.chanical :Sweepers Our project foreman will meet dax].y with the City inspector Co discuss scheduling or CYty concerns with the project. All work will be at or above industry standards and Jre do not foresee anv problems out of the ordinary as proven in our contract work f or 2006. Recording keeping for sweeping will include txacking of road mil.ag-e and hours ot sweepxng inc7:uding steet names/to and from and lane ma.les of sweeping provxded for each' operator and equipment on a dai.].y basis. Disposal tickets will be provided on a daily basa.s: Thie informaeion wa.].Z be submitted weekly or as required by the City. Bil'ling wi11 be monL-hly. 3. COST PRO1'OSAL. Z'he hourly rates for each of the equipment items is listed under Cost Per Unxt (Hour) on Attachment C. For Special and Emergency Sweepzng Services to be billed at - hourly rates, Che minimum number of hours to be billed will be a TG10 HOUR riiNXhiur7. Regarding discouiZts for early payment or a.ncreasang the frequency of sweeping, we do not anticipate any discounts. We believe that our increased production will result in cost savxngs ta the City of Spokane Va11ey. ' . ' i ~ • . I . ATTTACffiVYENT C - COST PROPOSAL ITEM . ~ COST QUANTITY COST ~ . PER UMT (HltS) ' I I ~ I I ~ I I 1 Mechanical Sweeper ~ j 3 70 900 ~/a3 3W°o . ~ 1 "0 2 Kick/angle Brooms. 200 ' 24~Q00 ~ ~ I 3 . , Regeneraiive Aiz Sweeper 13-72.0 1200 ~ 1bC~ 1f~ . I 4 _ Water Track 1200 19,0/000 Y _ . . . I a o 5 ~ Dump TrucklEnd Truck I00 !LO 80 .9000 . I 16 Loader ~ 1 DO 40 11i6W ~ SubtotaI q3q/ 7CO Tax (8.6%) 3rlj $I ( fZ0 y . ~ 1 .~L/;~:~ -f ftyVirn.i,wo erv1.Orlon.G y ea,Tl am,4 Tw u 140u.p_s . ~ . , ATTAGHMEN7C D-- BOND FORMS ~ . FORM OF BID DEPOSI't- CHECK OiNE: Please submit this sheet with the bid deposit. . CASH. Attach the deposit behind ilus sheet. ' X- SURETY BOND - Attach bid bond behind tbis sheet. IT IS STRONGLX RECOAMENDED THAT YOD USE THE ATTACHET} FORM - . • - ' . . FROM : FAX N0. : Feb. 02 M07 10:46RM P2 ~ • \ • 5~~~~~~ BOND NO: • ;OoVaHey N/A - Bid Bond BID DEPOSTT SIIRETY BOND FORM N~~fL OFPROJ£ET; S2re.et Sweepiag Services • $IZO~TIB]D NCtN~H~R: 07=001 NAMF: AAA S4TEEPING OF VERADALE, WA: FIRM. . Travelers, Casualty and Surety We, AAA STtiTE-EPING 89Principltl, flnd Co-mnanv a:F America , ,as' Svrety, are* held aad finmly bound' unto tbo C1TY OF SFOKAN$ VALLEY, a Weshington Stata Municipality, in thc pcnal sum of FNB PERCENT (SJo) OF THL TOTAL AMOUNT BID, for the ' • psymeot of wIuch we jointly and severally bind aurselves, and our Icp] representative9 and snccessars. 'M CONDIITONS OF T1M OBLIQATlON ara that if the City of Spokane VaIIey sball makc timcly uwurd tv the Principal according Lo the terms of tho bid documonts; and the Principnl shell, within ten (IO) days• aff&• notice of thaL award, exclusivo af tho day of notice, enter into the con4rac't wath the Ciry of • Spokane Valley sad fnraishcs t]ic contracioes bond (perfiotmance and paymvnt bmd) with Surmty satisfa.,~rtoiy to the. City of SpokEme Valley in an eunount equal to one hundrtd gemeut (1000/0) of the . emouat.oEtho bid propased iacluding Wa9hington Stata Salss Teac then this obligafion shall b3 null and . void; otherwise if the Principal Sai[s to enter into tha watr3ct aad furnish the confractnr's bond within tn, - (IO) days afber notice of the award, exclusivo of tho day of norice, the amount of the bid deposie Shall ba ' fiarfcitcd to tho GYty; but in no event wil[ tho Suretys liabiIity eocceed this bond's face amount , SIGIIEDAND SEA.LED TFIIS 6th DAYOF February YEAR20 07 . Travelers•Casualty and Surety , iaay.,.of.Anzerica ' AAA $cveeping . , . "s PRINCIP . ' - #4L"~ • - _S- ~ „ ' . ` Si~ • . Kathy, J: Gurley BretC R. Sargent . T~ypod TIacne Typod NFZma ' Attorney-in-Fact Title TiY~e ' (3EAL) . . . . ' ' . • ' ~ . ~WARNING: TMIS POVdER OF ATiORNF-`f I$ IR1IOALID VdITHOUT TKc AED BOADER~ STPAIIL PoTATR oFArroxNEY . aTRAVELERS Farmington Casuslty Campany St. F'tiul Guardiiin Insursncc Comp:uty Fidelity and Guaranty Insar.ulce Company 5t.1'au1 Mcrcary Iusurance Company ! ? Fidelity and Guaranty Insurunce Underwritcrs, Ina 1rsvclcrs Casualty and Saretp Company Seoboard Sarety Company 'IYavelers Casunlty and Surety Compauy of A'uerica 1 SL•Paul riro and 4larino Lmurance Company Unitcd States Fidc6ty end Guarsnty Campsay ~ . ~ • } ~ Attorney-In r:act ~~o. 21~7 ~ 3 Certifcake No.000300283 ~ ICiNnW A.Lf MIIV BY THPSS PRRS&N'TS: 77rat 5ttbom-d Surely Company iv a corpa.-udan duly organiucE undcr iho laws oi the Stn;a of New Yank, that St. Yaul Fue and Marine Insurnnca Compnny, St. Paul Guartlian Insar~ice Compviy and St. Paul hfermuy Insurancr, Cbmpany aze corporacions daly o:ganlzed undrs ffie laws of the Su:te of M'innwrota, that Famvngton Cnsuatry Campwy, Traveleis Cnsualry and Su:-ety Co:npany, end'fYnvclers Cnsualry and Suiely Compwy nf America ae corpoiations duly otgsnizcd undct the laws af the Seato of Conneetieut, thst Uiiited States FiJtliry and C3uaranty Company is a covpmsdon duty ocganized uader tho ]aws af tltd 5tate of Maryland, that Fidetiry and Guararty Insurance Company is a ooepoeatton duly oc'g:utited under tkie tnws af thc Sw-te af Iown, and Ai»t Fidality and ~ Csuoranty Inatanooe Underrvzitcrs, Inc. is o corporation duty arganizcd undet the laws of $u St:tv of PTscwLsin (hoiein calleotivsly cgl3cRt tho "Gampamew"), and that t[ie Campanies do hcseby makie, wnstituto and appoinf ~ Chns Larson, Georgc C. Schroeder, Lols Stevmrt, W.W. VJeller, Wrn. Dir►neen, H. Keith McNally, Kathy J. Gurley, and Dalee AAaua o€ thc Ciry of Spo3cne . Stato of WaShinSlon , Uheir ln.ic and Inwfu] Attorney(s)-in-rQCt, ' each in [hate sRparn9e eapaciry if moro than one is named aiiove, to sign, execute, Mal and ai;knowlodge any and all bonds, recognizanocs, condiponil undeatakinGs and ~ othex watinp o6ligatacy in the nature thereof on behalf oY 1lte Companies in 'tl:ev usiness oUutuytntee:ng [he fidality of pccsoas,•gua;ufteeing thspcrfamtnnce of ` eoatrects and exccuting ac guaanicr_ing bonds ruid undectakfng,s•roquired or pe~mQs[n n~yr^j_${jons n,~~edinds allowed by tuw. ~ IN VY1TNrSS Wli]sltE0i7, the CompA6 i s t~ave cau~d this iiss~~~~bei d~,~~nda s~p~a sesis [o ba liemta uiTxcd, this 22nd • day of Febtei~rry' ~ - : 6 ~ ~ . :•'Farm(ngton Castuilty Cq ~ St. Pnul Gunrdinn lnsarance Compmiy ! P[deli~ and Guaran Y~nsura~~(~,piitna~ 5t. Puul ~lercury Insurance Compnny ~ Fideli ond Guarent ~nxurn nderw Iters Inc. 'ihvelers Casualty and Surety Cumpnny Senbonnf Sun:ty Company 1Ynvelers Casualty and Surriy Comnany of Ameriea ? St. Pau] Firc and 114ar9ne Ii[sunince Company Qnitcd Stutes Flclelily and Guaranty Coatp:my j ~ a t9~83~6 s '~l 79~~Q a'~FSptOJ ~ ~927 ~ ; pr nvan~~r:~ Y~.vMa~r~ °a a ~ ~i yCS u . r ~ . ~ '~tlATN~ . . ~ State qf Conatcctfcut ey: ~ ~ Gldy oi Hnrtfo:d ss. Grge ~y mpsan, Sea r Vlc I3ezideot ~ Onthis the 22nd a~ of FFbruary 2006 Y b~eface me pcnon~ty ap~,:ued Gcorge W. ThomPson, wleo ~~.knowlodged • himsnlf to be the Seiunr Vice Yresidcni of F+um'tngtan Casualty Compcmy, Fdetity and Guarsnry Insuranca Campany, FicLelirj a:d Qua=ry Iasucanco Undeavrilars, Inc., Sratward Surery Comp.y, St. Poul P'ac and Macino lnsurauee ComP:sny, St. Paul Cuantian Insuranco Cumpany, St. Paul Ivfereusy insuannce Companv, 7Yavclers Cesuafry and Surety Campur•y,'Trscalsrs Casualty :md Surety Company of Ameara, and Unitec[ Stctes Pidslity and Guama4y Cbrnpaily, and that he, es siach, beueg aurhorIud su to da, cxeruced the faregoing fnstruxriant far the puaposas therein contained by signing an tchalf of the carporations hy hiinsclf es e dnly authorizcd officer. . G•T~ ~ In Wicness 13'hereoP, I hereamto sct my hnnd ;usd ofticial seal. •~~7AA~ • C, ] N4y CantnissiQn expires the 30ih duy of June, 2006 * . ~ p~`ld$ ~tarie C. Tcna¢7t, Mraary PubGs i . . ~ ~ 58444-9-05 Printed In U.S.A. - I ~ . YARNING: THIS P04VER 0: ATTaRNEY IS IN^fALID WITHOUT THt AED BORDEA ~ . _ . _ ..._.----.-.~.._~~_r.. ~ V 4VAFiD1~tJG: TH19 PO~OlER OF ATTOAtvEY IS IM/ALID WITNOVT THE R~ BORDER 'R►I,s Power otAttarneY is 8ranted u,ed-r and bY tha authoT9ty of t~'~o follo~vi aa eesotuEions edopted by the Boands oED'uectors oYfarncingmn Ctisualry Commny, Fideliiy I and Ounrniry losurance Company, Fideliry and Gusranty Insur.mca Und_rntitars, Ine., Seaboand Surety Company, St. Pavl Firc iiad A4enno Jnsu;uace Compaoy. ~ St. Peul QuAtdinn Ir>surancc Compmny, St. Pou] c14crcury Insamnce Carnpany,'1}avelr,rs Cesuatty nnd Sumcy Campany, Tiavclecs Cesuolcy nnd Suetty Carnpany af . Ameritn, nnd Unita! S:atcs Fideliay nrtd Ciuarnnty Coanpany, whEch resolutsona aae n6w in fbU foaec end effect, readinB n,e Callows:. I j • j7 RGSOLVLll, that the Chnimian, 47tc President, any Vw Chafrnian, any Eceauifva Viea President, any Senior Viae Pres(datt, any v~e Fresraent, any Sp-road Vicc ' iPrtsideni, the'IYeasurer, any P.ssismnt Trewccrer, the Corporate SeaeLary ar any Assistsnt Seccztnry may appoint Atto:neys-Fn-Fact and Agents ro ect for and an 6cltalP ~ of the Compsny nnd mny give such nppointee s¢i:h authoriey as his ar her c crtificato of autNoriry may prescribs to sign with ahs Compcny's name and seal wich the ~ C4inpany's scnl 6ands, rcco,nizances, oor,tracts of tndcmnity, and other wriiings abligctory In the naeure of s bwbd, recognizancc, or conditiaoei unefc.rtwcing, ar,d any . • of s~id of.icers or ihe Board of Ditsctors at any time nay remova any sucb appoivtec end revo!te t(te powes givcn hIm or h;r, aicd it is NUfYt'FILR RESOLVED, that the CteaFrman, ihe Presidant, any Vice (Stplrmun, any Hxecutiw Vee President, any Senioc Vice President or any Vite President may i deleoatc,all:ar,r,ny•part of thc forcgoing euE3socity to one or mose or"ficers or employees of this Cbmpeny, provided that each such de[egatifln is in writLL, nnrl e capy th-r.~ofis.ftle~~iisf;;,[]i^f:o€t`iQe0~Ethc Seccctnry; end it ls ~'•:•r.':; i,.-: - • . : ,..-=jr. : _ l•,: . . ...'s:. . • . F[JR'tMR:ItS OLVPsD, fltat any band, iecagnizance, coatr;M of indranniry, o-r writing ptrflffatory lu Ihe natwrs of a bond, recoa-tizar-ce, ar cond'adosa] urYdeatnking shalltbc,inilid 6nd,binding uppn thc Company when (n) clgntd by the PresEdcnc, any Vice Chairnum, nny Pxecuuve vco F'resEdenc, any Senfnr Vice President ar any Vice ~ Aresiilent; any..5econd VEce President,•tUeTreosurer, any Assistnnt Treesmr, tha Carporate Secretary or any Assi-taat Secretnry and e'uIy attested nnd sealed wich che Company's seal by a Scaetary ar Assistant Secretvy; ar (b) duly executed (under seal, if requirad) by one or mote Attameys-En-Fact and Agenw pursuant to the power pr^..scribed in his or her ecni€iceee or their cer[ificntes of nathority er by ore or rnoee Gompany offtcm pnrtunt to a wrimen cielegatiaa of authority; end [c is ; ~ ! I N'U12TF1ER 12ESOLVED, tAat die sigrtuturc ef euch of thc following af#'iccrs: Presirenc, any Execuaive Vice Presidrnt, any Senior Vice Yresideot, any Vice Ptesfderit, any,AssistenC\!ic,e;1?re33tlent,-anySe,c~eti~ry,nny-A,slstanrSec:seanry-and-rfis scaE of-the Campany mny tie afliced by facsimile to any pawer af atlarney or m any i ccguflaate.re~lanng•,thereto::i~Ypo;ntin~;ltecident Vice'Piesitlents, ResidentAssistant SccreEaina or AAiorneys-in=Fmct for pacrposcs anly af rxecudng end auesting boods eiidiundpntalcings:rLd Wltsr writi~s obligatoy [u lhe nature thCreof, nrztl uny suC3s p~oarer of aEmmcy ar certificete beatiny Such fccsir•~i!a sie ature or f~csimile seoi shall t"_. r ~ bo:valid md 6ecidinb'upan the Campany and any swU Fawer so exeeuted ancf certificd by sueh facsimile signatuao And fnes3mlle seni shalt b- valid and binding on ihe : Campnny in the fotuce with rc:,pect to any band ar undecstandina ta wA3eb it is auaehed, ~ 'j l, Korl M. lohanscm, tlie undersigned, Assistant 5eccetary, of rniudngtnn Casua!ry Compiny, Fidcliry and Guazancy Insurattce Company, Fdelity and Guaranry Ir~surence ~ Underwritrss, Inc., SRaboeud 5utety Company, St. Pau] Firo and Marine Insur Cqmp3n% St. Paul Ouardlon Insurnnce Com;a,ly, St. Fau]• Maicary Insuraaee Camp~nny, TYm~c[css Casuntry and Surery Cnmp,^.ny, Tmvele:s Cnsualry enWi. ~npan~' ~,~4m~i d United•S4ates Fidclicy ar.d Guaraiyry Eampany do I.,reby • i certify thnt tfte nbo~•e ond forc~ing is n tru~ and corract copy of the F'ow rn° e duCed bk~~m~nnies, wbich•ia in fvA~Fo~ceand cfFect nad hrs nat brrai iU , ~ rcvoEced, ~ '44 4~'~~ . , . _ • 6th -F;O~~ru~sry. 07 , i IN xF,ST1MONY 1YFIEREOr,1 Ilave Fteraunto set my liand(*1 3~~C'~~,q this day of 20 ~y} ~ ~0~ v~~ . • ' - ICori M. ]ahnoscWAssistar,t 5ecretary . . ' ~ . o~i"°~'~°~ s~ ~vea° aa'u~ ~e•o ~y►ynr ' ~utY,tp,~ I 4 Q~ ~,j°~~ ~F Tn .r : nsvene~i y.~ qT~ce ba J 4+ ~ ~ w ~ ,~ssa~o" ~'s... x+ 4~hz11~ ~wea 1P . A~D ~ . _.,--..-:.s~-1~ - • . . . • . - ' • ' • i ~ To vorify the eutlunticiry of this Power of Altarnay, call 1-500-421-3680 ar contaet us ui www.stpeultrnvelessbond.com. Plesse rofar [o tBa Attomcy-Tn•Fact numbcr, , a the abo~~e-nanoc~ individvads nnd die dcaflils of t~re bond to wt~.Lch ~he Qow~er is ettachcd. , _ • ~ ~ . • . , I j _ i • ' ~ LVAHNfNG: THIS F'OVtSS OF ATTORREY IS IMbALID WITHONT f'clc RED SORDER . ~'_r,--_.~_._._,..~ . . - . . . . . . ; 'm¢a'~arr.-r.~'a::v::.v:.-r~r:.~::r...:__:::r~___:::.~_,=:__.r__...-...`__............_,..~ . ~ i Washington State Department of Labor and Industries Poficy Statement (Regarding the Producfion of "Standard" or "Non-standard" ftems) Below is the department's (State 'L&I's) list of criteiia to be used in determining whefher a prefabricated item is "standard" or "non-standard". For ifems not appearing on WSDOT's predetermined list, these criteria shall be used by the Contractor (and the Contractor's subcontractors, agents to, subcontractors, suppliers, manufacturers, and fabricators) to , determine coverage under RCW 39.12. 1`he production, in the State of Washington, of non- starldard items is covered by RCW 39.12, and-the production of standard items is not. The - production of any item outside the State of We§hington is not covered by RCW 39.12. 1. Is the item fabricated for a public works project? If 'not, it is not subject to RCVI/ 39.12. • If it is, go to question 2. ' 2. Is the item fabricated on the public wor{cs jobsite? If it is, the work is covered under RCW•39.12. tf not, go to question 3. . 3. Is the item fabricated in an assembly/fabrication plant set up for, and ded(cated primarily to, the public vtirorlcs project? If it is, the tivoric is covered by RCW 39.12. If not, • . go to question 4. ' . . . . , 4. Does the item require any assem6fy, cutting, modiftcation or other fabrication by the supplier't. If not, fhe worlc is not covered by RCW 39.12. If yes, go to question 5. ' 5. Is the prefabricated item intended for the public wOrks project typically an inventory item ' ' which could reasonably~be sold on the general market? If-not, the worlc is covered by RCW 39.12: If yes, go to question 6. 6. Does the specific prefabricated item, generalfy defined as standard; have any unusual . characteristics such as shape, type of material, strengfh requiremenfs, finish, etc? ff yes, the worlc is covered under RCW 39.12. Any frm with questions regarding 'tlie poficy, WSDOT's Predetermined List, or for determinations of covered and non-covered workers shall be direcfed to State L&I at (360) 902-5330. . . 4. Supptemental To Wage Rates . Page 1 ' CITY OF SPOKANE VALLEY ' Request for Council Action Meeting Date: February 20, 2007 . City Manager Sign-off: (tem: Check all that apply: ❑ consent ❑ old business (D new business ❑ public hearing ❑ information 0 admin. report ❑ pending legislation AGENDA ITEM TITLE: Beverly Hills Drainage Improvements - Touch No. 2, • PREVIOUS COUNCIL ACTION TAKEN: An informational memo was prepared for the November 14, 2006 council meeting. BACKGROUND: The Beverly Hills area is characterized by steep roads, high density development, and shallow bedrock that lead to high runoff rates resulting in erosion and flooding of private and public properties. Sewer was installed in the neighborhood in 2002. Although, the area had historically experienced numerous drainage problems, the lack of a comprehensive drainage system was not addressed at the time of sewer installation. In addition, sewer installation disrupted the existing roadside ditches, increasing the instability and erosion potential. Spokane County Utilities spent roughly $20,000 cleaning and re-grading the ditches after the sewer project. Spokane County Utilities offered $25,000 to the City to be used towards the cost of a comprehensive drainage plan for the Beverly Hills area. Adams & Clarlc was selected from the Consultant Roster to provide recommendations for erosion and flood control measures, produce ~engineering drawings, and prepare a complete bid package. The cost of the study was ' $33,175. Based on the cost of constructing the improvements, it was decided to proceed with the project in two phases. Adams & Clartc produced engineering drawings for the first phase and provided recommendations for the second phase. The plans and specifications for phase I were finalized in October 2006, The proposed improvements include a pipe system, upgrading existing ditches, curbing, and swales and drywells. The engineering estimate for the proposed improvements is $320,000. The project was scheduled for bids in December, but was delayed due to concerns of opening bids during the holiday season. The City requested bids on January 12, 2007. Bids are scheduled to be opened on February 22nd, 2007. Construction is expected to take place in late spring or early summer. OPTIONS: Provide additional information and recommendations to Council when bids are in. RECOMMENDED ACTION OR MOTION: BUDGETIFINANCIAL IMPACTS: The project will be funded from funds scheduled in the 2006 stormwater budget. Finance is scheduling a budget amendment to rollover the 2006 funds into 2007 stormwater budget. f-~ STAFF CONTACT: Neil Kersten ATTACHMENTS ~ CITY OF SPOKANE VALLEY ~ `Request for Council Action Meeting Date: February 20, 2007 City Manager Sign-off: Item: Check all that apply: consent ❑ old business 2 new business ❑ pUblic hearing ❑ information [ admin. report pending legislation AGENDA ITEM TITLE: 2007 SevUer County Sewer Paveback Program - Memorandurn of Understanding . GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Spokane County's 2007 Septic Tank Elimination Program includes three projects within the City of Spokane Valley: Grandview Acres: This basin includes the area north of Fairview Avenue and south of the Spokane River between Butler Road to the west and Pines Road to the east. Trentwood: This project encompasses the area north of Trent Avenue and south of Wellesley Avenue between Plante's Ferry Park to the west and Evergreen Road to the east. Spaldings: This project is located on the east side of Spalding Auto Parts. Indiana Avenue west of Montgomery Avenue is the only street that remains without sewer in this basin. The designs of the Grandview Acres and Trentwood projects are 50% complete. The Spaldings project is 80% complete. Paveback costs which determine the city's cost to provide full-width paving and drainage improvements for the three sewer basins are summarized below: City of Spokane Valley Share . 2007 Estimated Road & Drainaqe Improvement Costs Estimated Estimated Drainage 2007 Projects Road Improvement Costs Improvement Costs Estimated Total $ 900,000 $ 200,000 . Costs The City also applied for CDBG funtls and was successful in obtaining a preliminary recommendation in the amount of $62,954 to assist with full-width paving costs associated with the Grandview Acres project. The CDBG funds are only available for a portion of the Grandview Acres project area, specifically the portion north of Trent Avenue. Final approval r---~ of the CDBG funds is not expected until the beginning of March. ~ - As was done last year, Spokane County will bid the three projects with an alternate bid schedule; one schedule with trenching and asphalt patching, another schedule with full-width paving. The difference in bids between these two schedules reflects the City's costs. This approach allows us to take advantage of credits that Spokane County would typicalty pay for on a trench/patch project. These credits include pavement sawcutting, crack sealing,- and , pavement surface sealing. Attached is a draft Memorandum of Understanding (MOU) regarding the City of Spokane Valley's reimbursement to the county for our share of the paving and drainage costs. We will be bringing a final MOU to Council for approval on February 27"' OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGETIFINANCIAL IMPACTS: Inc(uded in the 2007 budget. STAFF CONTACT: Neil Kersten ATTACHMENTS MOU , l ~ Nlemnrandum af Understandin~ Behveen the City of Spokane Valley and Spaklne County , Pavement Rcplacement Cost Sharing and Drainage Improvement Costs Far the 2007 Scwcr Cunstruction Program NVT-IEREAS the City of.' Spokane Valley (the C['I`Y) and Spokane County (lhe COUNTY) desire to work collaboratively to construc;t portions of the COUNTY's 2007 Sewer Construction Program together with CITY paving and drainage itnprovement projects; and WI-CEREAS the C[TY desires lhat the roads imptictecl by the construction of sewers in the 2007 Sewer Canstruction Prograrn be reconstructed to the full preconstruction width for an improved roadway surface; and WBERTAS the CI"1"Y also dcsires that pavement replacement work be extended in sorne areas beyrond the limits of sewer construction; and VJE-[ERE1\S the C1TY also desires that certain drainage improvemen[s he constructed in areas that will be impactcd by the COCINTY's 2007 Sewer Construction Program; and \krHEREAS the costs of such full widl:h repaving; additionai length of roacl reconstruction, and miscellaneous drainage improvements arc not funded by the COUN1`Y's Setiver Construction Program, and said costs wi11 ne.e.d to be paid by the CITY; and ~ 1VHFREAS the 2007 Sewer Construction Progratn inclucles the Gr-uidview Acres, TrenCwood and Spaldings Sewer Projects within the limits of the CITY, as identified in the COUNTY's adopted Six-Year • Sewer Capital Impravement Program 2007-2012. NOW TFii1RCd=0KE, the CiTY and the COTJNTY do hereby a~,~ree as tollows: 1. Yrior to the bid of each project, the COCJ\iTY shall provide the C1TY with a set of project plans, toaether widi casl estimates indicating the extent of pavement remaval and replaeernent to be paicl for by the COUNTY as a part of the setver project. The CiTY shall review the plans and estimate, and shall advise the COI.jNTY re;garding the extent ca which the 0'1'Y desires to add pavement removal and replaeemcnt; as well as the specific drainage improventents t'hsi.t the Ci']'Y would Like to make in corljunction with the project. 2. Thc COUN'C1` shall prepare bid documen[s that include the adctitional work that is requested by the CITY. The CITY may request lhat ttie COUN 1'Y include a Base 13id Scnedule and an tllterriate Rid Sehedule in the bid doeuments to allow for a rnore accuritte cietermination of the true cost impaet of the additionzil work requested by the CITY. 3. After the bids tar a project are opened, the COLTN'I'Y stiall prepare the bid tabulation ancl provide a copy to the CITY an the day of the bid, togetlier «dth a calculation of the GITY's estimated share of the project cost based upon the u+iit prices subinitted by the low bidder. If the CITY then decides to proc-eed with thc ciesired improvements, the CITY shall provide awritten notice to the COUN"["Y within three days of the receipt of the bicl tabulation. Memcarandum of'Understanding Cost Sharing Sewer Construction Proe,,rarn Page 1 nf 2 4. The CITY's ma,ximum cost for the three prqjects sltall not exceed S without written authorization by the CITY. "P'he COUN fY shall not proceeci with any work that woulci inerease the CTTY's cost to an amount Sreater than the total amount authorized. The estimated CTTY costs are presented in Tablc 1 belaw. The CTTY and the COLJNTY recognize thal this estimated total cost is for plarlning purposes, zwcl that the actual amount will be basect upon final qua.nCities and actual contract prices. 5. lf the CITY subsequendy elects to make additions to the scope of.the project, tlie CITY shall request such additianal work in writing. A corresponding adjustment shall dhen bc made to t}le CT11"s share of the cost based upon the resulCing increase in pay quantities and the associated eqntract bid prices. For w•ork items reyuested by the C['I"Y that are not coverecj hy the eontract bid prices, the COUN'1'Y shall prepare a ehange order for the CI7`Y's revicw and acceptance prior to Nvork items beina constructed. 6. Upon substantial completion of each project, the COiJNTY will send an initial invoiee to the CiTY for the CITY's portion of the aost of roadway ancl drainage improvements. Upnn execution of die final pay estimate with the contraccor, the (:OI7\iTY shall prepare ancl send a final invoice far any additional amounts payable by the CITY. TAI3LC 1 City of'Spokane Valley Share 2007 Estimated Road & nrainAge Improvemznt Costs Ei-stimated Esdmated Dr9inage Road Zmprovement Costs ; 2007 Pro,jects Trnprovement Costs Cstimated Totiil Costs S 9U0,000 I $ 200,000 ~ SPOKAIVU COiTINTY: BY: Date: N. Bnice ]Zawls, Counly Utilities L7irector CITY OF SVpKANE VALLEY: BY: Date: David Mcrcier, City Manager ~ Memorandum of Understanding Cost Sharin~ Sewer Construction f~rogram Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action ' Meeting Date: February 20, 2007 Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information Z admin. report ❑ pending legislation AGENDA ITEM TITLE: Administrative Report: Uniform Development Code Title 21 - Environmental Controls. GOVERNING LEGISLATION: See below PREVIOUS COUNCIL/COMMISSION ACTION TAKEN: The 2006-2026 Cornprehensive Plan was adopted on April 25, 2006 and effective on May 10, 2006. Council ufas briefed on Title 21 - Environmental Controls and the Shoreline Master Program on January 23, 2007. BACKGROUND: Development regulations implementing the Comprehensive Plan should be adopted by March 31, 2007. These regulations are subject to the same requirements for earty, continuous and collaborative public participation as the Comprehensive Plan. Following public hearings held on January 11 and January 25, 2007, the Planning Commission approved issues omitted from the Public Hearing Draft i.e. Categorical exemptions relating to Shorelines, and the addition of hazardous materials provisions in the Critical Aquifer Recharge Area. They also addressed policy issues included in the Public Hearing Draft, noted below. Title 21 - Environmental Controls. Title 21 includes provisions for e4mpliance with the State Environmental Policy Act (SEPA - RCW 43.21C, WAC 197-11) as well as crifical areas regulation (RCW 36.70A, WAC 365-195) including floodplain hazards (44CFR 60, RCW 86.16), wetlands protection, fish and wildlife conservation, geologically ha.zardous 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. 'i'he 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 propasal 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. Policv Questions: The proposed ordinance is significantly more rational in dealing with flood prone areas. The analysis was a result of the Chester CreQk 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 Ecology has Information Report Uniform Development Code Title 21 Erivironmental Controls & Shoreline Master Program Page 2 of 2 updated regulations concerning wetlands signific.antly, allavring much 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 autlined by DOE to establish wetland buffers. Fish & Wildlife Conservation. These provisions implement regulations for habitat cAnservation established by the Washington Department of Natural Resources (DNR) far riparian areas (RCW 90.58). DNR very recentfy completed its update of stream and water body ryping. These regulations replaced the earlier five stream type classification with four, "S" Shorelines of the State, °F" Fish, "iJp" Non-fish perennial and "Ns" Non-fish seasonal. Setbacks and forest practices regulations (WAC 222-tletermine conservatian setbacks based on a combination of stream width (bankfull) and soil types, pursuant to WAC 222-30-020. 7hese 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 geo-technica( report, as is currently the case. Note that some provisions relate fo grading and excavating included in Title 24- Building Regulations. Critical Aquifer Recharae Areas. Yhis provision regulates land uses with the potential for aquifer contamination, based on susceptibility. The proposed regulations include the use, transportation and handling of critical materials in the CARA. ~ , Policv Question: None. Shoreline Master Proqram (Reserved) The proposed Spokane Valley Shoreline Master Program (SMP) has been deferred pending approval of the Shoreline Master Pragram of which it is a part. r Planning Commission recommended approval on February 8, 2007. 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. RECOMMENDED ACTION OR MOTION: None required. BUDGETIFINANCIAL IMPACTS: None. STAFF CONTACT: Marina Sukup, AICP, Community Development Director ATTACHMENTS: Title 21- Draft regulations ; »rtiiicn't ,,M1,~, .Planni4t~YDii~in~~ ~ .G.1~~ .r~~ r Titte 21 - Environmenfia[ ContrQls February 20, 2007 ~ n WI ~ .'s..v_.. f.tPlanninjZgi~ision,-`+~;~•,.'.,, ~ Major Components ❖21.20 State Environmental Policy Act (SEPA) ❖ 21.30 Floodplain Regulations ~ 21.40 Critical Areas ❖ Wetland Protection ❖ Fish & Wildlife Conservation ❖Geologically Hazardous Areas ❖Critical Aquifer Recharge Areas (CARA) ❖21.50 Shorelines (Reserved) ; . Deriirtment i)f';C,'omiiiuniq llevelopmcnt: I'lanning I)iai'sion 21.20 SEPA❖ Responsible Official & Lead Agency ❖ Categorical Exemptions ❖ Flexible Thresholds (Policy Discussion) Threshold Determinations ❖ Determination of Nonsignificance ❖ Mitigated Determination of Nonsignificance ❖ Determination of Significance ❖ Environmental Impact Statements (EIS) ❖ Use of Existing Environmental Documents ❖ Agency,Decisions, Conditions & Appeals ❖ SEPA Forms (Appendix) . ' -°i° Uepartment bf;CummiinitV„Devel~pment;$' ~ F me.rr,!~K''','.sL.,. t,• SEPA Flexible Thresholds Automatic Maximum Recommended Residential Units I 4 20 20 Ag Structures (Square Feet) I 10,000 I 30,000 I 20,000 Office, School Commercial, Recreational, Service and 4,000 30,000 12,000 Storage Square Feet PLUS Associated Parking Spaces 20 40 40 Parking Spaces 20 I 40 40 Landfill & Excavation 100 I 500 I 500 ; ~ •+~,'~""~~DeP` irtriient of'C:oiiiiiiuni i)evelb~~ihcnt' ~d;an~ rA~i : 1 , -Pianninb'DMsiori . G - - 21.30 Floodplains ❖ Definitions (specific to floodplains) ❖ Administration ❖ Variance Provisions Flood Hazard Reduction ❖ FIRM (flood insurance rate map) NOTE: Chester Creek Re-Study appeal period extends to April 18, 2007 ~ i ~~~~;!~~=;"~,Aep:+rtmeot•uf,Cominuiiiiy;De'velbpme.-nf:, ~ . „ r NMIC:3n~' c~t~ , , ,:.Yl8M1ng'PIVI5IU~:..' 21.40 Critical Areas ❖ Wetlands Classification & Rating ❖ Buffer Areas (Policy Discussion) ❖ Mitigation Plan (when required) ❖ Mitigation & Restoration ~ ~~5 "~D,ep~rtirientof'Comm;unit}~;Lle}~elopment,p t°'~` ~~~~:~1 ~:1~:~~c: :•Plfliiiiing,Uivisian"`::~r : Wetland Alternatives Wetland Alternative 1 (Current regulations) Wetiand Minimum Buffer Category Width (in feet) I 250 II 200 III 150 IV 50 '~llep~~~tine.i~~°of'~Lominunity-Development;~' ~ : ~'~~'ilk.h-3'' ?cy,. . . ifi•~•< ;Planning sion ~ . . _ ~ivi Impact Types of Land Use Based on (rom Common Zoning Proposad Dasfgnatlons' Wetland Alternative 2 Change in Land Use • Migh • Commercial, Industrlai and Institutional v~~~d atfnimum 8uftcrY~ld:n (in fcoq • Res6ders6al (mare then 1 unif/aCrO) C-aleti0iry I.aNlrnWmel 1/.afer!!eknpatl High lmpaet • High•intensity recreation (golf I 125 t9D 250 caurses, bal7 (Idds, etc.) ii ioo i5ra 200 Moderate • Residential (1 uniUacre or less) III 75 z19 s50 • Moderateantensiiy active open spaoa (parks vrith bdking. PI 25 40 50 jogg(ng, et;..} • Paved trails • U61ity corridqr with accesslmair~tenance road Law • Passive open space (hiking, bird-vratching, eicJ • Unpaved trails • UWIry corrldor wlthaut road or vegetation management. , j I~- ) i!~ , lleparin~ent of Coniiliuiiit;* lleyelopment Wetland Alternative 3 Habitat Minimum Buffer Width (in feet) Wetland Score Category Low Impact . Moderate Impact High Impact 29-36 100 150 200 I 20-28 75 110 150 >20 50 75 100 29-36 100 150 200' II 20-28 75 110 150 >20 SO 75 100 20-28 75 110 .150 III >2$ 40 60 80 40 50 IV 25 ~ lle.partment of Gommunit},Uevelopment,.~am'`' Planningllivision . Wetlands Mitigation Wetland Replacement and Mkigation Ratios Impacteu Replace Re- Rohab[Iltat( Gomblrtod Comb(ned Hnhanco Wetland ment establishmanU on Only R1C & R!C 8 mont _ Creation (RlC) Rohabilitation EnNancemcnt Onty (RW) Gategary 1:6 1:12 1:9' S:t R1C & 1:0 1:1 RIC & 1:12 1:16' I I RH' ' I Cetegqry 1:3 1:3 1:6 I:i RIC & 1:4 1:1 RIC & 1:8 1:12 II I RH I GAtegOry 1:2 12 1:4 9:1 R1C & 1_2 1:1 R!C & 1:4 1:8 III RH Cate~ ry 1:1..5 I 5:5 ~ 1:3 S:I RH 8 1:1 I 1:1 ~C & 1'2 I 1:8 . , "i'~ ^""`;U'epii~finent~ofCUmmunity;pevelopinenty -~5{i(1~:.7TIP ; .r_:.. :.,y - r - • ~ ~.~f ~isiiiu. -Ylanriingni , Fish and Wildlife Buffers < 15'0" Sita Cln.e' I Core Zone I Innar'Lonn I Ou!crZcne I Olhor I Tof:,l widlh ~ TypO S- uhurclinee o( the Ste:9 1 ~ 3D' I 4.7 I 53 I nla I 130 tl 30 I 45- I 35 I nfa I 110 tll 3V I 45- I 1S I nfn I 90 N 30' I 45' ( 0 I nla I 75 V 30' I 45' I 0 I W. I 75 T)ye f- Natursil w:c;cr NOT cl3ssi6ed as ShatellnBa af tho uta;e wifh faii I 30' 45' 55 I nta I 130 II I 30' 45' 36 I rda ' 110 III I 3d ( 45' 15 I 10 I 90 IV I ',itY' I 45' I O I Na I 75 V I ?A' I 45 I 0 I n'a I 75 All I TYga Np • Nand'a!►peremiel 50 I • 50 All I Type ?1'e - NoMLSh SOe,',Ot4al 30~ ~ 30 De Fish ~par ' menlrof Cummiinity.•nevelnpiti'lanning'ivision: and Wildlife Buffers > 15'0 211- Slto Class ~ Core Zww ~ Inner Zona ~ Outar Yono I Othcr ~ ToLOl wtath Typo S- fiAarclinas at tM 31ata 1 ~ 30' ~ 70 I 30 ~ Na I 130 U 90' 70 ' 10 I m'a 110 10 I 30' ~ 70 0 ~ n's 3D N ~ 3d I 70 0 ~ In'a ~ 75 V I- I 70 0 I Ne ~ 75 Typn F• Nslutgl walets N(7'Y Gassified as SharcEncs of Qw Slale wiUi (ISh 1 ?A' I 70 30 ~ Na I 130 ' II 30' I 70 10 I n'a 410 Itl ( 3a' I 70 I 0 ~ Nd I i40 N ?.Cr I 70 ~ 0 ~ Na ~ 100 V 3a ~ !0 ~ 0 I iJa ~ 100 NI T•,Ise Np - NoMlstfperonrral ~ SD I 50 NI TypeNe - NWlahSeaaonal ~ 3001 ~ 30 J opnieti' 1. ..r. l ' ~'~r~~`~..'^.r. '^i r M1_"~ •ty ,IT ;li►iinu~b.vrvisio'n;. Geological Hazardous Areas ❖ Erosion and Landslide Hazard Areas ❖ Evaluation and Mitigation Plan ~ ;p'eji fI1TIC lI O( C'urr'irnuiiitt Ile.veloEiminta 5~,7{kane c•:~+}.CS`~S` - •7 ..,yPl.~nning ni.,,isi~in~:r' Critical Aquifer Recharge Area ❖ Aquifer Susceptibility 1,000 foot wellhead protection Use Limitation (agricultural & Critical materials ❖ Use, Handling & Storage of Critical Materials i ! s~yr... s~ vw 7L! t:~ Ugp~~r'tmen_t'~~f'Comniuniiy' Uevelopment- ~ . . Tlanning niviSiori • " . . . Appendix A ❖SEPA Forms > Environmental Checklist >Assumption of Lead Agency Status 9 Determination of Significance/Scoping ~ > Determination of Nonsignificance ➢ Adoption of Existing Environmental Documents 9 Notice of Action ❖ Pertinent WAC Provisions . Appendix B ❖ Critical Materials Lists " Uepai~tnient of CummunitY.nevclopmcnt,.~ 1'Innning-'Uiiision ' Questions? . ,J Planning Commission Draft Title 21 Environmental Controls - Uniform Development Cade ' . For 2-20-07 Council Meeting Title 21 ~ Environmental Controls ~ 21.10 Authoritv This chapter implements tfie environmental goals and policies outlined. in Chapter 8 Natural Environment of the 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 (flaodprone) areas, shorelines, wetlands, fish and wildlife habitat, geo-hazard areas, and critical aquifer recharge areas. 21.20 State Environmental Policv Act 21.20.010 Purpose. This chapter implements the State Environmental Policy Act (SEPA), RCW 43.21C.120 and WAC 197-11. 21.20.020 Designation of Responsible Official. For those proposals for which the City is lead agency, the responsible official shall be the Community Development Director ("Director"). The responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement, and perform any other functions assigned to the lead agency or responsible official. 21.20.030 Lead Agency Determination and Agency Responsibilities. 1. When an application is filed for a nonexempt action or the City initiates a nonexempt action, the responsible official shall determine the lead agency for that proposal pursuant to WAC 197-11- ~ 050 and 197-11-922 through 197-11-940, unless a lead agency has been previously identified or the responsible official is aware that. another department or agency is in the process of determining the, lead agency. 2. When the city is not the lead agency for a proposal, all depaRments of the ciry shall*use and consider as appropriate either the determination of nonsignificanoe or the final environmental impact statement of the lead agency in making decisions on the proposal. No city department shall prepare or require preparation of a determination of nonsignificance or environmental impact statement in addition to that prepared by the lead agency unless the responsible official determines a supplemental environmental review is necessary under WAC 197-11-600. 3. If the city, or any of its departments, receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination or the city must petition the Department of Ecology for a lead agency . determination under WAC 197-11-946 within the 15-day time period. Any such petition on behalf of the city shall be initiated by the responsible official. 4. The responsible official is authorized to make agreements as.to lead agency status or shared lead agency's duties for a proposal under WAC 197-11-942 and 197-11-944. 5. 7he responsible official shall require sufficient information from the applicant to identify other agencies with jurisdiction. . 21.20.040 Categorical Exemptions. Categorical exemptions are set forth in WAC 197-11-800. 1. Application. If a proposal fits within any of the exemptions set forth in this section the proposal shall be categorically exempt from the threshold determination requirements of WAC 197-11- ~ 720, except as follo%-rs: " a. The proposal includes an activity that is not exempt under WAC 197-11-908 (critic,al areas); or Draft UDC Title 21 Page 1 af 51 Planning Commission praft Tide 21 Environmental Controls - Uniform Development Code For 2-20-07 Council Meeting 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 with jurisdiction. 2. Flexible Thresholds. The City adopts the following exempt levels for new construction pursuant to WAC 197-11-800 (1) (c). a. For residential dwelling units, up to twenty (20) dwelling units'. b. For agricultural structures: up to twenty thousand (20,000) square feet. c. For office, school, commercial, recreational, service or storage buildings; up to twelve thousand (12,000) square feet of grass floor area and with associated parfcing facilities designed for up to forty (40) parking spaces. d. For paricing lots: up to forty (40) parking spaces. e. For lancifills and excavations: up to five hundred (500) cubic yards. 3. Procedure. The agency or applicant may proceed with the exempt aspects of a proposal prior to conducting environmental review of the non exempt aspects of a proposal provided that the requirements of WAC 197-11-070 are met. 4. Written findings. The lead agency is not required to document that a proposal is categorically exempt, however, the lead agency may note on an application tfiat a proposal is categorically exempt or place such a determination in the agency's files. 21.20.050 Environmental Checklist. . A completed environmental checklist shall be filed prior to or at the same time as an application for a permit, license, certificate, or other approval not categorically exempt_ A checklist is not needed if the - City and the applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. 1. This checklist has been modified pursuant to WAC 197-11-960 and shall be in the form identified in SVMC 21.20.150 (1) 2. For private proposals, the City will require the applicant to complete the environmental checklist. For public proposals, the department initiating the proposal shall complete the environmental checklist for that proposal. During the revierv of the envlronmental checklist, the staff will review and if necessary return the checklist to the applicant for revisions and/or additional information. City staff may also make minor changes or additions to the environmental checklist. 3. For projects submitted under an approved planned action under WAC 197-11-164 and 168, the City shall use its existing environmental checklist form or may modify the environmental checklist form as provided in WAC 197-11-315. The modified environmental checklist form may be prepared and aclopted along with, or as , part of, a planned action ordinance, or developed after the ordinance is adopted. In either case, a proposed modified environmental checklist form must be sent to the Department of Ecology to allow at least a thirty day review prior to use. 21.20.060 Threshold Determination A threshold determination is required pursuant to WAC 197-11-310. Within 90 days of issuing a letter of completeness for the application and environmental checklist, the responsible official shall either make a threshold determination or notify the applicant that a determination of significance is likeiy and , indicate the areas of likely impact. The applicant may request that the decision be postponed for an additional thirty (30) days to allow the responsible official to evaluate mitigation measures proposed by the applicant. The responsible official shall grant such extension, if requested. i Drak UDC Title 21 Page 2 ot 51 f'lanning Commission Draft Titie 21 Environmental Controls - Uniform Development Cade For 2-20-07 Counal Meeting 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 imRacts from a proposal. The lead agency shall prepare and issue a DNS substantially in the form provided in WAC 197-11-970. , 2. Wtien 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 apply to a DNS issued vrheri the optional DNS Process set forth in SVNiC 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: i. Another agency with jurisdiction; ii. Demolition of any structure or facility not exempted by WAC 197-11-800(2)(fl 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 with jurisdiction, the Department of Ecology, affected tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal, and shall g'rve notice pursuant to SVMC 21.20.110(1). c. Any pers4n, 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 Ecology ~ and agencies w'rth jurisdiction and is made publicly available. e. An agency with jurisdiction may assume lead agency status only within the fourteen (14) day comment period pursuant to WAC 197-11-948. f. 7he responsible offiicial shall reconsider the DNS based on timely cAmments and may retain or madify the DNS or, if the responsible official determines that significant adverse imRacts are likely, withdraw the DNS andlor supporting documents. When a DNS is modifieti, the lead agency shall send the modified DNS to agencies with jurisdiction. 3. The lead agency shall withdraw a DNS if: a. There are substantial changes to the proposal so that the proposal is likely to have signifrcant adverse environmental impacts; or b. There is significant new information indicating, or on, a proposal's prabable significant adverse environmental impacts; or c. The DNS was procured by misrepresentation or lack of material disclosure; if such DNS resulted from actions of an applicant, any subsequent environmental checklist on the proposal shall be prepared directly by the lead agency or a consultant 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 tfie withdrawal and new threshold determination. If a DS is issued, each agency with jurisdiction shall corrimence action to suspend, modify ar revoke any approvals until the necessary environmental review has occurred (WAC 197-11- - 070). 21.20.080 Threshold Determination - Mitigated Determination of Nonsignificance (MDNS). 1. The responsible official may issue a MDNS based on conditions attached to the proposal by the responsible official or on changes to or clarification of the proposal made by the applicant in a manner consistent vrith WAC 197-11-350. Oraft UDC Ti{le 21 Pags 3 af 51 Planning Commission DraR Title 21 Environmental Controls - Uniform Development Code • For 2-20-07 Cflunal Meeting 2. An applicant may request in writing early notice of whether a DS is likely under WAC 197-11- 350. The request must: ~ a. Follow submission of a complete permit application and environmental checklist 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 or a designee shall respond in writing to the request for eady notice within fourteen days unless otherwise agreed to. The response shall: a. Be in writing; and b. State whether the City currentJy considers issuance of a DS likely, and if so, indicate tne general or specific area(s) of concem leading the Ciry 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 tre ' changed or clariFed proposal. a. If the responsible offiicial indicated specific mitigation measures in the response to the request for early notice and the applicant changed or clarified the proposal to include those specific m'rtigation measures, the responsible official shall issue and circulate a DNS pursuant to WAC 197-11-340(2). b. If the responsible official indicated areas of concem but did not indicate specific , mitigation measures that would allow the issuance of a DNS, the responsible official shall make the threshold determination, issuing a DNS or DS as appropriate. c. The applicanYs proposed mitigation measures (clarificabons, changes or conditions) must be in writing and must be specific. d. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents. 6. A MDNS is issued either under Wf1C 197-11-340(2) requiring a fourteen day comment period unless otherwise established by agency procedure and public notice pursuant to Section 20.20.130 SVMC, or under WAC 197-11-355, which may require no additional comment period beyond the comment period on the notice of application. 7. Mitigation measures incorporated in the MDNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit or enforced in any manner specifically prescribed by the City. 21.20.090 Optional DNS Process. - 1. If the city has a reasonable basis for determining significant adverse environmental impacts are unlikely, it may use a single integrated comment period to obtain comments on the notice of application and the likely threshold determination for the proposal. If this process is used, a second comment period witl typically not be required when the DNS is issued (refer to subsection (4) of this section). 2. If the lead agency uses the optional DNS process specified in subsection (1) of this section, the lead agency shall: a. State on the first page of the notice of application that it expects to issue a DNS for the proposal and that: i. The optional DNS process is being used; Draft UDC l"itle 21 Page 4 of 51 Planning Commission Draft Ttde 21 Environmental Controls - Uniform Development Cade For 2-20-07 Council Meeting ii. This may be the onty oppoRunity to comment on the environmental impacts of the proposal; iii. The 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. b. List in the notice of application the conditions being considered to mitigate environmental impacts, if a MDNS is expected. c. Comply vrith 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, affiect tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal; and ii. Anyone requesting a copy of the environmental checklist for the specific proposal. 3. If the lead agency indicates on the notice of application that a DNS is likely, an agency with jurisdiction may assume lead agency status during the comment period on the notice of application pursuant to WAC 197-11-948. 4. The responsible official shall consider timely comments on the notice of application and take one of the following actions: a. Issue a DNS or MDNS with no oomment period using the procedures in subsection (5) ~ of this section; b. Issue a DNS or MDNS aiith a comment period using the procedures in subsection (5) of this section, if the lead agency determines a comment period is necessary; c. Issue a DS; or d. Require additional information or studies prior to making a threshold determination. 5. If a DNS or mitigated DNS is issued under subsection (d)(1) of this section, the lead agency' shall send a oopy of the DNS or mitigated DNS to the Department of Ecology, agencies with jurisdiction, thase who commented, and anyone requesbng a copy. A copy of the environmental checklist need not be recirculated. 21.20.100 Threshold Determination - Determination of Signiflcance (DS) . If the responsible official determines that a proposal may have a probable significant adverse environmental impact, the responsible official shall prepare and issue a determination of significance (DS) substantially in the form substantially in the form provided in WAC 197-11-980. The DS shall contain the information as set forth in WAC 197-11-360. An environmental impact statement shall be prepared for projects for which a DS threshold determination has been issued consistent with the appropriate secfions of this Title and referenced sections of the WAC. 21.20.110 Environmental Impact Statement. An environmental impact statement (EIS) is required for project and nonproject actions that may have a significant adverse impact on the environment as more specifically set forth in WAC 197-11-330 and shall be prepared pursuant to WAC 197-11-400 through 460. . ` Draft UDC Tdte 21 Pago 5 of 51 Planning Commission Draft Tifle 21 Environmental Controls - Uniform Development Code For 2-20-07 Counal Meeting 21.20.120 Environmental Impact Statement - Preparation. 1. Any person, firm, or corporation assisting in the preparation of an EIS for private projects shall have expertise and experience in preparing environmental impact statements and shall be ; approved in writing by the responsible official before participating in the EIS pracess. " . 2. Preparation of environmental impact statements, supplemental environmental impact _ statements, and other environmental documentation shall be under the direction of tfiie responsible official. The documents may be prepared by the city staff, or by a consultant approved and directed by. the City, however all costs involved in the preparation af an EIS shall be borne by the applicant. The responsible official shall notify the applicant of the City's procedure for preparation, and distribution of the draft and final environmental impact statement. 3. The City may require an applicant to provide information the City daes 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 ciky 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 in determining the expertise and experience of consuftants using, but not limited to, the following procedures: a. Annually or biannually placing a legal notice in a newspaper of local circulation requesting statement of qualifications (SOQ) from qualified consultants, b. 7he City will review the SOQs and require interested consultants to submit an application Rackage to be place on the list. c. The City will review the submitted materials and place those consultants who are determined to meet the minimum qualifications on the list. 7hose qualifications include, but are not limited to: i. Possessing a thorough and comprehensive knowledge of the procedural and substantive requirements of SEPA and related regulations; and 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 the environment as set forth in WAC 197-11444, indicating those elements or portions of elements that do not involve significant adverse impacts; 7. The City may include, at its discretion, in an EIS or its appendix, the analysis of any impact relevant to the Ciry's decision, whether or not the impact is an environmental one. This inclusion of such analysis may or may not be based upon comments received during the scoping pracess. The provision for combining documents may be used as set forth in WAC 197-11-640. The EIS shall comply with the formatting requirements of WAC 197-11400 through WAC 197-11-500. The decision whether to include such information and the adequacy of any such additional analysis shall not be used in determining whether an EIS meets the requirements of SEPA. . 8. If the City chooses to include a cosUbenefit analysis in an EIS, such analysis shall be consistent with WAC 197-11450. 21.20.130 Commenting. The rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings are set forth belavr as well as in WAC 197-11-500 through 570. ' 1. Public notice. Whenever possible, the City shall integrate the public notice requirement of this section with existing notice procedures for the City's nonexempt permit(s) ar approval(s) , required for the proposal. When the City issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3), the City shall give public notice as follows: Draft UDC 7itle 21 Page 6 of 51 Planning Commission Qraft Title 21 Environmental Controls - Uniform Development Code For 2-20-07 Council Meeting a. If public notice is required for a nonexempt license by other regulations, that notice shall state whether a DS or DNS has been issued and when comments are due. ~ j . b. If an environmental document is issued aoncurrently with 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 othenvise required for the permit 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 forth in Title 17 of the SVMC as supplemented by the requirements in WAC 197-11-355, will suffce to meet the public notice requirements in WAC 197-11-510(1)(b). e. Whenever the City issues a DEIS under WAC 197-11-455(5) or an SEIS under WAC 197-11-620, notice of the availability of these documents shall be given by the following: " i. Indicating the availability of the DEIS in any public notice required for the nonexempt license subsequently published after the issuance of the DEIS and prior to the first public hearing regarding a nonexempt license. ii. Selecting one or more of the follovring notification methods: 1. Posting the property for site specific proposals pursuant to the administrative procedures for the underlying action; 2. Publishing a legal notice in a newspaper of general circulation; 3. Notifying public vr private groups, which have expressed an interest in ~ a certain proposal, or in the type of proposal being oonsidered; 4. Notifying the news media; 5. Placing notices in appropriate regional, neighborhood, ethnic, or-trade. • joumals; . . _ ' 6. Publishing notice in newsletters andlor sending notice to agency mailing lists (either general lists or lists for specific proposals for . subject areas). . f. The City may require an applicant to complete the public notice requirements for the proposal at his or her expense or otherwise may charge a fee sufficient to cover the lead agency's entire cost of ineeting the public notice requirements. - 2. Response to a Consultation Request. The director of the department tvith appropriate expertise shall be responsible for preparation of written comments for an agency in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing DEIS in a manner consistent with WAC 197-11-550. 21.20.140 Using Existing Environmental Documents. Existing environmental documents prepared under SEPA or the National Environmental Policy Act (NEPA) may be used for an agency's own environmental compliance in a manner consistent v✓ith WAC 197-11-164 through 172 and WAC 197-11-600 through 640. • 21.20.150 SEPA Agency Decisions, Conditions, and Appeals. 1. SEPA decisions to mitigate anticipafed impacts or deny proposals shall be made in a manner consistent with WAC 197-11-650 and 660. 7he City, in making its determination shall consider relevant environmental documents, alternatives, and mitigation measures as set forth in WAC 1 197-11-655. 2. The City may aftach conditions to a permit or approval for a propasal so long as: a. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared with regard to the license; Draft UDC Title 21 Page 7 of 51 Planning Commission Draft Title 21 Environmental ConVols - Uniform Dev2lopment Code For 2-20-07 Council Meeting b. Such conditions are in writing; c. The mitigation measures included in such conditions are reasonable and capable of • being accomplished; . , ~ d. The City has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and e. Such conditions are based on one or more policies irl subsection 3 of this section and cited in the license or other 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 proaable significant adverse environmental impacts that are identrfied in a Final Environmental Impact Statement (FEIS) or final Supplemental Environmental Impact Statement (SEIS) prepared pursuant to the ordinance codified in this chapter; and b. A finding is made that there are no reasanable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and c. The denial is based on one or more policies identified in section 21.20.130 (4) and identified in evriting 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 the imposition of mitigating conditions as set forth in this Chapter. a. 'fhe City shall use all practicable means consistent with other essential oonsiderations of state policy to improve and coordinate plans, functions, programs and resources to the end that the State and its citizens 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, productive and aesthetically and culturally pleasing surroundings; iii. attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; iv. preserve important historic, cultural and natural aspects of our national heritage; v. maintain, wherever possible, an environment which supports diversity and variety of individual choice; vi. achieve abalance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and vii. enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. b. The City recognizes that each person has a fundamental and inalienable right •to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment. 5. The City, for the purposes of RCW 43.21C.060 and WAC 197-11-660(a), adopts by reference . the policies, plans, rules, and regulations, and all amendments thereto, identified in Appendix D. Appendix D is adopted and may be amended by the City pursuant to WAC 197-11-902. 6. Except for permits and variances issued pursuant to RCW Chapter 90.58 (the Washington State Shorelines Management Act) and rules promulgaFed thereto, appeals of decisions or actions conditioned or denied on the basis of SEPA by a non elected official shall be appealable ; in accordance with SVMC 17.50 • ~ I7raft UqC Ti#le 21 Page 8 of 51 Planning Commission Draft Title 21 Environmental Controls - Uniform Development Code For 2-20-07 Council Meeting 21.20.160 Definitions. Uniform usage and definitions of terms under SEPA are set forth in WAC 197-11-700 through 792. 21.20.170 Forms. The city adopts the following forms attached as Appendix 21A for use in carrying out the local SEPA procedures: 1. Environmental checklist; 2. Notice of Assumption of Lead Agency Status; 3. Determination of Significance and Scoping Notice (DS); 4. Determination of Nonsignificance (DNS); 5. Adoption notice; 6. Notice af Action. 21.30 Floodplain Requlations 21.30.010 Purpose and Applicability 1. The provisions of this chapter shall apply to all areas of special flood hazards ~nrithin the jurisdiction of Spokane Valley, Washington, and shall be administered in conforrnance with the . National Flood Insurance Act, as amended (codified in 44 CFR 60) and A summary of NFIP Policy forLocal Officials, FEMA Region 10 Mitigafion Division, July 2001. 21.30A20 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. Aqoeal means a request for a review of the interpretation of any provision of this ordinance or a request for a variance. Area of Shallow Floodinq means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM) and which has the following characteristics: . a. The base flood depths range from one to three feet; b. A clearly defined channel does not exist; c. The path of flooding is unpredictable and indeterminate; and, d. Velocity flow may be evident AQ is characterized as sheet flow and AH indicates ponding and includes a base fload elevation. Area of Soecial Flood Wazard means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the . letters A or V. Base Flood means the flood having a one percent chance of being equaled or exceeded in any given year. 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 having its floor sub-grade (below ground level) on all sides. Breakawav Wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral Ioading forces, wrthout causing damage to the elevated portion of the building or supporting foundation system. Critical Facilitv means a facility for which even a slight chance of flooding might be too great Critical facilities include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste. DraR UDC Titlo 21 Page 9 of 51 Planning Commission Draft 7itle 21 Environmental Controls - Uniform Development Code For 2-20-07 Council Meeting Cumulative Substantial Damaoe means flood-related damages sustained by a structure on riwo separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the , • damage occurred. ~ Develooment means any man-made change to improved or unimproved real esEate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage ot equipment or materials located within the area of special flood hazard. Elevated Buildina means for insurance purposes, a non-basement building which has its lativest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. Elevation Certifcate means the official form (FEMA Form 81-31) used to track development, provide elevation information necessary to ensure compliance with community floodplain management ordinances, and determine the proper insurance premium rate with Section B completed by Community Officials. Existinq Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be afFixed (including, at a minimum, the installation of utilities, the construction of streets, and either finaf site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations. Exoansion to an existina Manufactured Home Park or Subdivision means the preparation of additional s"rtes by the construction of facilities 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 Floodina means a general and tEmporary condition of partial or complete inundation of normally dry land areas from: a. Yhe ove'rflow of inland or tidal waters andlor b. The unusual and rapid accumulation of runoff of surFace waters from any source. Flood Insurance Rate Map (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. Flood Insurance Studv (FIS) means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. • Flood Storaae Area means floadplain areas designated on the FIRM vrhere the storage and infiltration of floodwater has been taken into account in reducing flood discharges. Storage areas may include floodwater conveyance or floodway characteristics. Floodwav means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Infiltration means the infltration of floodwater into the ground which may be taken into account in reducing flood discharges. Lowest Floor means the lowest flaor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is equipped with adequate flood-ventilation openings specified in 21.30.060 3.a.ii of this title. Manufactured Home means a structure, transportable in one or more sections, which is buitt on a permanent chassis and is designed for use vrith or without a permanent foundation when attached to the required utilities. The term °manufactured home" does not include a"recreational vehicfe." Manufactured Home Park or Subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Draft UDC Tdle 21 Page 10 af 51 Pianning Cammission Draft TrUe 21 Environmental Controls - Uniform Developmsnt Code For 2-20-07 Counal Meeting New Constructi4n means structures for which the "start of construction" commenced on or after the effective date of this ordinance. New Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (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 on or after the effective date of adopted floodplain managemEnt regulatiflns. Recreational Vehicle means a vehicle tivhich is: a. Built on a single chassis; b. 400 square feet or Iess when measured at the largest horizontal projection; c. Designed to be self-propelled or permanently 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 perrnit was issued, provided the actual start of construction, repair, reconstruction, plaoement or other improvement was wvithin 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 qiles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or ' walktivays; nor daes it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it 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, ar other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means a walled and roofed building including a gas or liquid storage tank that-is principally above ground. Substantial Damaae means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged oondition would equal or exceed 50 percent of the market value of the structure before the damage occuRed. Substantial Improvement means any repair, reconsfruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: a. Before the improvement or repair is started; or b. If the structure has been damaged and is being restored, before the damage occurred. Far the purposes of this definition "substantial improvement" is considered to ocxur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the sVucture. 7he term does not, hovrever, include either: ' a. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and wfiich are the minimum necessary to assure safe living conditions, or b. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. Variance means a grant of relief from the specific requirements of this chapter which permits construction in a manner that would othenvise be prohibited. Water Deoendent means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Draft UDC Tdle 21 page 11 of 51 Planning Commission Draft Titlc, 21 Environmental Controls - Uniform Qevelopment Code For 2-20-07 Council Meeting 21.30.020 Basis for Establishing Areas of Special Flood Hazard The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and - engineering report entitled "The Flood Insurance Study Spokane County" dated May 17, 1988, and any revisions thereto, with an accompanying Flood Insurance Rate Map (FIRM), and any revisions fhereto, are hereby adopted by reference and declared to be a part of this ordinance. The Flaod Insurance Study and the FIRM are on file at the office of the Spokane Valley Floodplain Administrator. 21.30.030 Compliance 8 Enforcement No structure or land shall hereafter be constructzd, 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 Abrogation and Greater Restrictions- This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, 4vhere this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. . 21.30.040 Interpretation In the interpretation and application of this ordinance, all provisions shall be: 1. Considereti as minimum requirements; 2. Liberally construed in favor of the governing body; and, 3. Deemed neither to limit nor repeal any other powers granted under State statutes. 21.30.045 Waming & Disclaimer of Liability The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and vrill occur - on rare occasions. Flood heights may be incteased by man-made or natural causes. This ordinance • does not imply that land outside the areas of special fload hazards or uses permitted within such areas - will be free from flooding or fload 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 orclinance or any administrative decision lawfully made hereunder. 21.30.050. Administration 1. Development Permit Required: A development permit shall be obtained before construction or development begins within any area of special flood hazard established in this chapter. The permit shall be for all structures including manufactured homes, as set forth in the "Definitions,° and for all development including fill and other activities, also as set forth in the "Definitions.° 2. Application for Development Permit: Application for a development permit shall be made on forms fumished by the City and may include, but not be limifed to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of tfie area in question; existing or proposed structures, filf, storage of materials, drainage facilities, and the tocation of the foregoing. Specifically, the following information is required: a. Elevation in relation to mean sea level, of the lowest floor (including basement) of all striactures recorded on a current elevation certificate (FF 81-31) with Section B completed by the lacal official; b. Elevation in relation to mean sea level to which any structure has been flood-proofed; c. Certification by a registered professional engineer or architect that the flood-proofing methods for any nonresidential structure meet the flood-proofing criteria in 21.30.060.3.b. and d. Description of the extent to vrhich a viatercourse will be altered or relocated as a result of proposed development ` Draft UDC Tdle 21 page 12 of 51 Planning Commission Draft Title 21 Environmental Controls - Uniform Development Code For 2-20-07 Council Meeting 3. Designation of the Local Administrator. The Community Development Director is hereby designated as Floodplain Administrator and appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. ` 4. Duties and Responsibilities of the Local Administrator shall include, but not be limited to: a. Review all development permits to determine that the permit requirements of this ordinance have been satisfied. b. Review all development permits to determine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior appraval is required. c. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of , 21.30.060.f. are met. d. When aase 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 Flood Hazard, the Floodplain Administrator shall obtain, revievr, and reasonably utilize any base flood elevation and floadway data available from a Federal, State or other source, in order to - administer Sections 21.30.060.3. Specific 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 subssction d above, the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains 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 substantially improved flood-proofed structures wfiere base flood elevation data is provided through the Fload Insurance Study, FIRM, or as required in ~ subsection d. above, the local administrator shall: i. Obtain and record the elevation (in relation to mean sea level) to which the structure was flood-proofed and ii. Maintain the Flood-proofing cert'rfications 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 ' i. Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. ii. Require that maintenance is pravided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. h. The local administrator shall make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict behveen a mapped boundary and actual field conditions). The person contesting the interpretation of the Flooriplain Administrator in relation to the boundary shall be given a reasonable opportunity to appeal pursuant to the procedures outlined in SVMC 17.50 Appeals. ' i. The local administrator is expressly authorized to require compliance with all federal and state permit requirements, and may require Letters of Map Amendment (LOMA) and Conditional Letters of Map Revision (CLOMR), particularty where a proposal identifies a floodplain location that is different from that set forth on the official FIRM. DraR UDC Tille 21 PagO 13 of 51 Planning Commission Draft Title 21 Environmental ConUols - Uniform Development Code For 2-20-07 Council Meeting 21.30.055 Variances 1. Decision on variances, a. The duly appointed Hearing Examiner shall hear and decide requests for variances from the requirements of this section following notice of not less than fifteen (15) days and public hearing. The contents of the appeal shall be as set forth in SVMC 17.50.040. Appeal procedures shall be as set forth in SVMC 17.50.060_ The decision or determination of the Hearing Examiner shall be final unless appealed pursuant to RCW 36.70C. b. In passing upon such applications, the Hearing Examiner shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, . and: i. The danger that materials may be swept onto other lands to the injury of others; ii. The danger to life and property due to flooding or erosion damage; iii. The suscepdbility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner, iv. The importance of the servicss provided by the proposed facility to the community; v. The necessity to the facility of a waterfront location, where applicable; vi. The availability of alternative 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 the'comprehensive plan and flood plain • management program for that area; ix. The safety of access to the property in times of flood 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 govemmental services during and after flood conditions, including maintenance and repair of public utilibes 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 report any variances to the Federal Insurance Administration upon request, 2. Conditions for Variances a. Generally, the only condition under which a variance from the elevation standard may be issued is for nevr construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (i-xi) in Section 21.30.455.1.a. have been fully considered. As the lot size increases the technical justification required for issuing the variance increases. b. Variances may be issued for the reconstruction, rehabilitation, or restoration of . structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section. c. Variances shall not be issued within a designated floodway if any increase in fload levels during the base flood discharge would result. Draft UnC Title 21 Page 14 of 51 Planning Commission Draft Title 21 Environmental Controls - UnifoRn Development Code ' For 2-20-07 Council Meeting d. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood ha.zard, to afford relief. e. Variances shall only be issued upon: i. A showing of good and suffiicient cause, pursuant to SVMC 21.30.055.1.a of this chapter; ii. A determination that failure to grant the variance aiould result in exceptional hardship to the applicant; iii. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. f. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of propsrty; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. g. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of fload-proofing than watertight or dry-flood-proofing, where it can be determined that such action vrill have low damage potential, complies with all otfier variance criteria except 21.30.055.2.a, and otherwise complies vrith Sections 21.30.060'subsections a., b. and c. of the General Standards. - h. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the Gase flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest flaor elevation. ' O i. Any appeal of a decision or determination of the local administrator is a decision on a Type II application. An appeal of the decision shall be made pursuant to SVMC 17.50. 21.30.060. Provisions for Flood Hazard Reduction 1. General Standards: In all areas of special flood hazards, the following standards are required: a. Anchoring i. All new construction and substantial improvements shall be anchoretl to prevent flotation, collapse, or.lateral movement of the structure. ii. Where permitted pursuant to Section 5 below, all manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using metheds and practices that minimize flood damage. Anchoring methods may include, but 3re not limited to; use of over-the-top or frame ties to ground anchors (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). b. AH Zone Drainage Adequate drainage paths are required around structures on slopes to guide floodwaters around and away from *proposed structures. c. Construction Materials and Methods i. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. ii. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. ~ iii. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and ~ other service facilities shall be designed and/or othen,vise elevated or located so as to prevent water from entering or accumulating within the components , during conditions of floading. Draft Ut7C Title 21 Page 15 of 51 Planning Commission Draft 7iile 21 Environmental Controls - Uniform Development Code For 2-20-07 Council tvfeeting ' d. Utilities i. All new and replacement water supply systems shall be designed to minimize 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 (WAC 173-160-171); iii. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the • systems into fload waters; and, iv. On-site waste disposal systems shall be located to avoid impairrnent to them or contamination from them during flooding. e. Subdivision and Other Proposed Developments i. All development proposals shall be consistent with the need to minimize flood damage; ii. All subdivision proposals shall have public utilities and facilibes, such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage; iii. All subdivision proposals shall have adequate drainage provided to reduce exposure Eo flood damage; and, iv. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated by a civil engineer licensed 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 tfie 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 Where elevation data is not available either through the Flood Insurance Study, FIRM, or from another authoritative sourcre, 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 limited to use of historical data, high water marlcs, photographs of past flooding, etc., vrhere available. The Floodplain Administrator may require the applicant to locate the lowest floor at least two feet above the highest adjacent natural ground surtace. 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 Standards In all areas of special flood hazards where base flood elevation dafa 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 Data, the following provisions are required: a. Residential Construction i. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation. ii. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrastatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a professional ~ engineer or architect licensed in the state of Washington or must meet or " exceed fhe following minimum crfteria: Draft UDC Title 21 Page 16 of 51 Planning Commission Draft Title 21 Environmental Controls - Uniform Development Code For 2-20-07 Councii Meeting 1. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flaoding shall be provided. l ~ 2. The bottom of all openings shall be no higher than one foot above grade. 3. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. b. Non-residential Construction New construction and substantial improvement of any commercial, industrial or other . nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the base flood elevation; or, together with attendanf ufility and sanitary facilities, shall: i. Be flood-proofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to tfie passage of water; ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; iii. Be certified by a professional engineer or architect licensed in the state of Washington that the design and methods of construction are in accordance with ' accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. ^ iv. Nonresidential structures that are elevated, not flood-proofed, must meet the same standards for space below the lowest floor. v. Applicants flood-proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates tfiat are one faot 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 lowest floor of the manufactured home is elevated one foot or more above the base flood elevation and shall be securely anchored to a permanent foundation system to resist flotation, collapse and lateral movement; provided however that manufactured homes to be placed on substantially improved sites in an existing manufactured home par}c or subdivision which has not experienced substantial damage as a resuft of flooding 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 flood 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 Recreational vehicles placed on sites are required to either: i. Be on the site for fewer than 180 consecutive days, ii. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect rype utilities and secUrity devices, and has no permanently attached additions; or Draft UDC Tdle 21 Page 17 of 51 Planning Commission qraft Title 21 Environmental Controls - Uniform Developrnent Code . For 2-20-07 Council Meeting e. AE and A1-30 Zones wrth Base Flood Elevations but no Floodways i. In areas where a regulatory floodway has not been designated, no new construction, substantial improvements, vr o#her development (including fill) shall be permittetl within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when oombined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. ii. In the unnumbered A zones, the develapment may not increase the water surface elevation of the base flood by more than one (1) foot at any point. iii. In the A zones where base flood elevations have been provided, but floodvrays have not been established, the development may not increase the surface ' water elevation of the base flood by more than one-tenth (1110`") of a foot at any point. iv. All adjacent or other property owners impacted by the development within the • floodplain must give their written, notarized approval for ANY increased base flood elevations upon their property. f. A Zones with Base Flood Elevations and FloodNrays Established In the A zones where base flood elevations have been provided and floodways have been established, the development may not increase the surFace water elevation of the base flood at any point_ g. Ftoodways . Located within areas of special flood hazard are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the 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 result in any increase in flood levels during the occurrence of the base flood discharge. ii. Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconsVuction, or improvements to a structure which 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 sUucture either, (A) before the repair, or reconstruction is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct exisling violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or to skructures iden6fied as historic places may_be included in the 50 percent. iii. If khe 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 andlor floodway (such uses as, but not limiteti to, raads, bridges, marinas, dams for domestic/industrial water supply, flood control and/or hydroelectric - production; water diversion structures and facilities for water supply, irrigation, and/or fisheries enhancement; flood viater and drainage pumping plants and facilities; hydroelectric generating facilities and appurtenant structures; structural and DraR UI7C lrdfe 21 Page 18 oP 51 Planning Commission Draft Title 21 Environmental Controls - Uniforrn Development Code For 2-20-07 Council Meeting nonstructural flood damage reduction facilities, and stream bank stabilization structures and practices), these provisions apply: i. 7he applicant shall supply convincing evidence that a flood fringe and/or floodway location is necessary in view of the objectives of the proposal and provided further that the proposal is consistent with other provisions of this title and relevant local, state and federal regulations. ii. In all instances of locating utilities and other installations in filoodway locations, project design must incorporate flood-proofing certified by a professional civil engineer registered as such by the State of Washington to be capable of withstanding 100-year flood flows and velocities. . iii. For any works that impound water, the applicant shall provide documentation of easements, flowage rights or ownership of the impoundment area and certification by a professional civil engineer registered as such by the State of Washington that the works will cause no increase in the 100-year flood elevation outside fhe impoundment areas and that the works and associated - impoundment area will not impair the ability of natural drainageways to drain floadwaters adequately during a flooding event i. Standards for Shallow Flooding Areas (AO Zones) Shallow flooding areas appear on FIRMs as AO zones with depth designations. The _ base flood depths in these zones range from 1 to 3 fef:t above ground where a clearly deFned channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooriing is usually characterized as sheet flow. In these areas, the following provisions apply: i. New construction and substantial improvements of residential structures and manufactured homes within AO zones shall have the lowest floor (including basement) elevated above the highest adjacent grade to the structure, one foot or more above the depth number specified in feet on tfie community's FIRM (at least three feet above the highest adjacent grade to the structure if no depth number is specified). ii. New construction and substantial improvements of nonresidential structures within AO zones shall either. 1. Have the lowest floor (including basement) elevated above tfie 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 2. 7ogether wi4h attendant utility and sanitary facilities, be completely flood proofed to or above that level so that any space below that level is watertight with wialls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. 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 around and away from proposed structures. iv. . Recreational vehicles placed on sites within AO Zones on the community's FIRM either: 1. Be on the site for feaier than 180 consecutive days, 2. Be fully licensed and ready for highway use, on its wheels Qr jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. Drait UDC Ti#le 21 Page 19 of 51 Planning Commission DraftTifle 21 Environmental Controls - Uniform Development Code For 2-20-07 Counal Meeting 21.30.070. Additional Requirements 1. In all storage areas designated on the FIRM, there shall b2 no net loss of flood storage or infiltration capacity. 2. No development shall be allowed which removes flood storage volume unless an equal votume of sdorage as defined by the pre-development ground surface and the base flaod elevation is pravided in the immediate area oF the propased development to compensate for the volume of storage uihich is last (compensatory storage). Excavation below the ground wafer table shall not constitute an equal volume of storage. 3. No obstruction shall be permitted in any storage area which restricts or diminishes floodwater conveyance capacity or floodway characteristics. 21.30.075 Critical Facilities Construction of neev critical facilities shall be, to the extent possible, located outside the limits of the Special Flood Hazard Area (SFHA) (100-year floodplain). Construction of new cRtical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed witfiin the SFHA shall have the lowest floor*elevated three feet above BFE or to the height of the 500- year flaod (Shaded Zone X), whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Flood-proofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floadwaters. Access routes elevated to or above the level of the aase flood elevation shall be provided to all critical facilities to the extent possible." 21.40 Critical Areas WAC 365-195410 requires that critical areas be designated and that regulations to protect them be adopted. Critical areas include wetlands, areas of critical recharging effect on aquifers used for potable water; fish and wildlife habitat conservation areas, frequently flooded areas; and geologically hazardous areas. ' 21.40.010 Wetlands. 1. Wetland Classification & Rating We#land areas mean areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for• life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created 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 vretlands [RCW 36.70A.030(21)] Wetlands areas are identified in Chapter 8 of the Spokane Valley Comprehensive Plan in conformance with the Washrngfon State Wetiands Identification and Delineation Manua! (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 Wetiand Rating System for Eastern Washington (Ecology Publication #fi04-06-15, or as amended). a. Category I. Category I wetlands are those that represent a unique or rare wetland type; are more sensitive to disturbance than most wetlands; are relabvely undisturbed and contain ecolagical attributes that are impossible to replace within a human liietime; or provide a high Ievel of function. i. alkali wetiands; ii. wetlands that are identified by scientists of the Washington Natural Heritage PragramlDNR as high quality wetlands; iii. bogs; Draft UDC Tiile 21 Page 20 of 51 Pianning Commission Draft Ti41e 21 Environmental Controls - Uniform Development Code For 2-20-07 Council Meeting iv. mature and old-growth forested evetlands over 1/4 acre with slotiv-growing trees; -l1 v. forests with stands of aspen and vi, wetlands that perfoRn many functions very well (scores of 70 points or more). b. Category II. Category II wetlands are difficuft, 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-growth forested wetlands over Y. acre with fast-growing trees; iii. vernal pools; and iv. wetlands that perform functions well (scores betvveen 51-69 points). c. Category III. Category III wetlands include: i. vernal pools that are isolated, and ii. wetlands witfi a moderate level of functions (scores between 30-50 points). d. Category IV. Category IV wetlands have the IowESt level of functions and are often heavily disturbed. These vretlands may provide important functions and shall be replaced or restored. 2. Wetland Buffer Areas a. Exemptions: i. Wetlands less than 1,000 square feet in area where the area is not associated with a riparian corridor; is not a vernal pool, an alkali wetland, part of a wetland mosaic, or does not contain habitat iden6fied as essential for lacal populations of priority species. ii. Category III and IV wetlands of less than 4,000 square feet in area where*the area is not associated with a riparian corridor; is not a vemal pool, an alkali wetland, part of a wetiand mosaic, does not contain habitat identified as essential for local populations of priority species scoring less than 20 points or less on the Eastem Washington Rating System and is not required for bio- filtration of stormwater. iii. An exemption under this section does not relieve the proponent for providing full mitigation through restoration or replacement. b. Buffers: i. Wetland buffer areas shall be required for all regulated uses and activities adjacent to wetlands. Any wetiand created, restored or enhanced as compensation for approved wetland alterations shall also include the 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 buffers shall be established by one of the following methods: • Alternative 1. Width based only on wetland category. Table 21.40•1 bVetland h4inimum Bufter Category Widtfi (in feet) I 250 II I 200 III I 150 IV I 50 Draft UDC 7itle 21 Page 21 of 51 • Planning Commission Draft Title 21 Environmental Controls - UnYorm Development Cods For 2-20-07 Council Meeting • Alternative 2. Width based on wetland category and the intensity of impacts from proposeti changes in land use. Land use intensity shall be determine as follows: 'Table 21.40-2 Impact from Proposed Types of Land Use Based on Common Zoning Designations * Change in Land Use , tiigh Camrnercial, Industrial and Inslitutional Residential (more than 1 uniVacre) High-intensity recreation (golf wurses, Gall fields, eta) Moderate Residential (1 unit/acre or less) . Moderate-intensity acfive open space (parks with biking, jagging, etc.) Paved frails Utility corridor with aocesslmalntenancc3 road Law Passive open space (hiking, bird-.vatching, Qtc.) Unpaved Irails Utility coRidor without road or vegetation management. Table 21.44-3 Wetland I PAinimum [iufierVVidth (in feet) I Category Low Impact Moderate Impad I High Impact I I I 125 190 I 250 III I 100 150 I 200 I III 75 110 I 150 I IV 25 40 I 50 • Alternative 3. Width based on wetland category, intensity of . impacts, and wetland functions or special characteristics. This alternative has two options for determining the widths of buffers when they are based on the score for habitat. Alternative 3 provides three buffer widths based on habitat scores. Where more than one width applies based on score for function or based on special characteristics, the calculation providing the widest buffer shall be used. Table 21.40.4 Wetland Nabitat I Mlnimum Buifier Width (in feet) . Category Scoro Lotiv Impact I Moderate Impact ~ High Impact I 29-36 100 I 150 200 I I ~ 20-28 ~ 75 110 150 I >20 50 75 I 100 29-36 100 150 I 200 II 20-28 75 110 ~ 150 I >20 50 I 75 I 100 I 20-28 I 75 ( 110 I 150 III >28 I 40 I 60 I 80 . IV I I 25 I 40 I 50 praft UDC Title 21 Page 22 of 51 Planning Commission Draft Title 21 Environmental Controls - Uniform Development Code For 2-20-07 Council Meeting Table 21.40-5 SpeCial Characteristic I Low Impact Moderste Impact I High Impact .%Vemal Pool 100 150 200 Vemal Pool with regional plan' 40 60 80 Naiural Heritage UVetland I 125 I 190 I 250 Bogs I 125 I 190 I 250 Alkali ( 100 I 150 I 200 c. Additional buffzr area width rnay be required by the Director if: i. The weUand includes a plant or animal species listed by the federal government or the state as endangered, threatened, candidate, sensitive, monitored or documented priority species or habitats, or essential or Qutstanding habitat for those species or has unusual nesting or resting sites such as heron rookeries . or raptor nesting trees; or ii. The adjacent land has a slope of 30% or more adjacent to the wetland, the buffer area may be increased by 50%. d. Reduction of Standard Wetland Buffier Area Width. i. The standard wetiand buffer area width scored moderate or high for habitat may be reduced if: 1. A relatively undisturbed vegetative corridor of at least 100 feet in width is protected between the wetland and any other priority habitats; and 2. The protected area is preserved by means of easement, covenant or • other measure; and 3. Measures identified in subsection ii. are taken to minimize the impact of any proposed land use. ii. The standard wetland buffer area width scored less than 20 for habitat may be reduced to that for moderate land use impact where the following mitigation measures are approved by the City: Table 21.40-6 ' Disturbance I Pvlinimum 8ufferArea (in feet) Light L'oght saurces are shielded from the wetland Noue Wetland is shfeldcd trom noise. Storrntivater run-aff Bio-filtretion or other measures prevent [ntroduction of unfiltercd. stormwater diredly into tho wetland Human Activity I Visual screening of weUands is required. I DustJParticulates I Parking and driveavays are pavetl. I e. Standard Buffer Width Averaging. i. Standard wetland buffer area width may be averaged if all of the following conditions exist: 1. The wetland has significant differences in characteristics tfiat 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 2. 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 praR UaC Title 21 Page 23 of 51 Planning Commission 17raft Title 21 Environmental Controis - Uniform Development Code For 2-20-07 Counal Nteeting 3. The total area of the buffer after averaging is equal to the area required without averaging 4. The buffer at its narrowest point is never less than 3/4 of the required ~ j width ~ J ii. Averaging may be permitted when all of the following are met: 1. There are no feasible altematives to the site design that could be accomplished without buffer averaging 2. The averaged buffer will not result in degradation of the weiland's functions and values as demonstrated by a report from a qualified wetland expert 3. The total buffer area after averaging is equal to the area required tvithout averaging 4. The buffer at its narrowest point is never less than 3/4 of ihe required width f. Wetland BufFer Maintenance. Except as othenvise specified, wetland buffer areas shall be retained in their natural condition. Where buffer disturbances have occurred before or during construction, re-vegetation with native vegetation shall be required. 3. Wetland Mitigation Plan WVhen mitigation is required, the applicant shall submit a mitigation plan which shall include: a. A written report identifying environmental goals and objectives af the compensation 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 , objectives, 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 available science supporting the proposed mitigation and a description of the report author's experience to date in restoring or creating the type of critical area proposed; and iii. An analysis of fhe likelihood of success of the compensation project. b. Measurable specific criteria for evaluating whether or not the goals and objectives of the mitigation project have been successfully attained and whether or not the requirements of critical area regulations in this Chapter have been met. c. Qetails of the mitigation shall include: i. The proposed construction method, sequence, timing, and duration; ii. Grading and excavation details; iii. Erosion and sediment control features; . iv. A planting plan specifying plant species, quantities, locations, size, spacing, and density; and v. Measures to protect and maintain plants until established. These writ#en specifications shall be accompanied by detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade elevations, end any other drativings appropriate to show construction techniques or anticipated final outcome. d. A program for monitoring construction of the mitigation project and for assessing the completed project against its goals and objectives. e. Identification of potential courses of action, and any corrective measures to be taken if monitoring or evalua6on indicates project performance sfiandards are not being met. Draft UDC 7'itie 21 Pafle 24 of 51 Planning Commission Draft Titie 21 Environmental Controls - Unifotm Development Code For 2-20-07 Council Meeting f. All reasonable efforts to avoid and minimize impacts to critical areas shall be evaluated. When an alteration to a critical area is proposed, such alteration shall be avoided, minimized, or compensated for in the following sequential order of preference: . i. Avoiding the impact altogether by not taking a certain action or parts of an action; ii. Minimizing impacts by limiting the degree or magnitude 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 impact 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 time of the initiation of the project; . iv. Minimizing or eliminating a hazard by restoring or stabilizing the hazard area through engineered or other methads; v. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action; . vi. Compensating for the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation 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 wetland buffer, functions that will be lost, and functions after mitigation; ii. Description of how lost functions will be replaced; iii. Description of when mitigabon will occur relative to project construction; iv. Provisions for adequate monitoring to ensure success of the mitigation plan. The monitoring plan shall outline the apprQach for monitoring construction and assessment of the campleted project. , and shall include a monitoring schedule. A monitoring report shall be submitted to the City annually for a period of at least 5 years and shall document successes, problems and contingency actions of the mitigation project. Monitoring activities may include, but are not limited to: 1. Establishing vegetation monitoring plots to track changes in plant species composiUon and density over time; 2. Measuring base flow rates and storm water runoff to model and evaluate hydrologic predictions; 3. Sampling fish and wildlife populations to determine habitat utilization, species abundance and diversity; and 4. Sampling surFace and subsurface waters to determine pollutant loading, and changes fram the natural variability of background conditions. v. A contingency plan specifying what corrective actions will be taken should the mitigation not be successful. ~ h. Wetland mitiaation banks. Credits from,a tvetland mitigation bank may be approved for use as compensation for unavoidable impacts to wetlands when: i. The bank is certified under State law; ii. _ The wetland mitigation bank provides compensation for the authorized impacts; and Draft UDC Title 21 Page 25 of 51 Planning Commission Draft Title 21 Environmental Controls - Uniform Development Code For 2-20-07 Council Meeting iii. The proposed use of credits is consistent with the terms and conditions of the bank's certification. 1 Replacement ratios for projects using bank credits shall be consistent with replacement ~ J ratios specified in the bank's certification. 4. Wetland Mitigation & Restoration. Any wetland lost or degraded as a result of human activity shall require an approved We4land Mitigation Plan, prepared by a qualified ecologist and approved by the Washington Department of Ecology, including one or more of the following measures: a. Wetland acreage replacement and mitigation requirements based on the number of units impacted: require replacementlmitigation according to the following: Table 21.40 - 7 Wetland Replacement and Mitigation Ratios Impacted Replacement Re-establishmenU Rehabilitation Combined RIC 8 Combined R1C Enhancement Wetland Creation (R!C) Only Rchabilitation & Enhancement Only Category I ~ 1:6 I 1:12 1:8' I 1:1 R!C & 1:6 RH' I 1:1 RIC & 1:12 ' I 1:16' Caiegory II I 1:3 I 1:3 1:6 I 1:1 R1C & 1:4 RH I 1:1 F2fC & 1:8 I 1:12 • Category 111 I 12 I S 2 ~ 1 A I 1:1 R!C 8 12 RH I 1:1 R/C & 1:4 I 1:8 Category IV I 1_1..5 I 1:5 ~ 1:3 I 1:1 R/C & 1:1 RH I 1:1 RIC & 1:2 E I 1:6 ' 8ased on score for tunction RIC = Ro-establishmenVCrestion b. Wetiand mitigation' may be permitted off-site if: i.. The hydrology and ecosystem of the original wetland and those who benefit from the hydrology and ecosystem will not be substantially damaged by the loss within that primary drainage basin; and • ii. On-site mitigation is not scientifically feasible due to problems with hydrology, soils, or other factors such as other potentially adverse impacts from _ . surrounding land uses; or iii. Existing functions off-site are significantfy greater than lost wetland functional values; or iv. Established goals for flood storage, flood conveyance, habitat or other wetland functions have been established and strongly justify off-site location of mitigation measures_ 5. Permits Required. A permit shall be required for all development which affects wetlands or wetland buffers. The permit shall specify: a. The timing and conditions of mitigation, restoration or enhancement; b. Requirements for title notice, conservation easements or plat dedication; c. Access limitations and fencing, if required; d. Temporary and permanent signage; and e. Requirements for staking of wetland and buffers prior to development. f. The application shall be accompanied by a report prepared by a certified biologist specifying the classification, scoring and justification for the selection of inethod and • proposed replacement/creation, rehabilitation, and mitigation proposed. A copy of the report shall be filed with the Washington DepaFtment of Ecology. ' Reference: iVettrrnul,41Ftlgation in Wnshittgton State, Pan 1: Agency Policies and Guidance: (Vetsian 1, Publicndon 406-06-011a, March 2006) ttnd We!land Mitigatirni in 337aslaittgton Stute, Purr d: Desvloping,llitigaifay Plans (Vcrsion 1, t'ublicaiion H06-06-0I 1 b, Maroh 2006) Draft UDC Tifle 21 . Page 26 of 51 Planning Commission Draft Title 21 Environmental Controls - Uniform Development Code For 2-20-07 Council Meeting 21.40.020 Fish and Wildlife Habitat Conservation Areas. 1. Priority Habitats. Priority habitats within Spokane Valley are illustrated in the 2006-2026 Comprehensive Plan, as it may be amended from time to time, and include wetlands, riparian, urban open space, and the habitat of native species, as defined in Appendix "A" illustrated in the Spokane Valley Comprehensive Plan. 7he status of individual species is included in the Washington Department of Fish and Wildlife Management Recommendations for Priority Species and in WAC 232.12. Where differences in regulafions exist as a result of ovedapping priority habitat, the regulation providing the highest degree of protection shall apply. . 2. Wetlands are located on hydric soils, support hydrophytic vegetation and are saturated with water 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 viater bodies by the Washington DeRartment of Natural Resources as follows: 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 assflciated wetlands. b. "Type F Water" means segments of natural waters other than Type S Waters, which - are within the bankfull widths of deflned channels and periodically inundated areas of their associated wetlands, 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 aontain fish habitat or are described by one of the following four categories: - i. Waters, which are diverted 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 practical water source for such users. Such tvaters shall be considered to be Type F Water upstream from the point of such diversion for 1,500 feet or until the drainage area is reduced by 50 percent, whichever is less; ii. Waters, which are diverted for use by federal, state, tribal or private fish hatcheries. Such waters shall be considered Type F Water upstream from the point of diversion for 1,500 feet, including tributaries if highty significant for protection of downstream water quality. The department may allow additional harvest beyond the requirements of Type F Water designation provided the department determines after a landowner-requested on-site assessment by the department of fish and wildlife, department of ecology, the afFected tribes and interested paRies that: 1. The management practices proposed by the landowner will adequately protect vrater quality for the fish hatchery; and 2. Such additional harvest meets the requirements of the water type designation that would apply in the absence of the hatchery; iii. Waters, which are within a federal, state, local, or private campground having more than 10 camping units: Provided, That the water shall not be considered to enter a campground until 'rt reaches the boundary of the paric lands available for public use and comes within 100 feet of a camping unit, trail or other park improvement; iv. Riverine ponds, wall-based channels, and other channel features that are used by fish for off-channel habitat. These areas are critical to the maintenance of 1 optimum survival of fish. This habitat shall be identified based on the following criteria: 1. The site must be connected to a fish habitat stream and accessible during s4me period of the year; and Draft UDC Tftle 21 F'age 27 of 51 Planning Commission Draft Title 21 Environmental Controls - Unifonn Development Code For 2-20-07 Counal Meefing 2. The off-channel water must be accessible to fish. a. "Type Np Water" means all segments of natural waters within the bankfull voidth of defined channels that are perennial non-fish habitat streams. Perennial streams are waters that do not go dry any time of a year of normal rainfall. However, for the _ purpose of viater typing, Type Np Waters include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow. If the uppermost point of perennial flow cannot be 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 habitat streams in which surFace flow is not present for at least some 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 physically connected by an above-ground channel system to Type S, F, or Np Waters. 4. Riparian Management zones (RMZs) include three zones (measured horizontally in feet from . the outer edge of the bankfull width or channel migration zone, whichever is greater) established in the following tables 21-8 and 21-9 and zone regulations. Outer zone requirements for S and F stream types are based on DNR Eastem Washington 100-year site index range summarized as follows: Site Class 100-year site Index Range I 120+ II 101-120 III 81-100 ' IV 61-SO V <_6U Table 21.40 -8 Riparian Mana9ement Zones for Streams less than 15 feet in width, bankfull 'Site Classz I Core Zor~e I Inner Zone I Outer Zone T Other I Total width I Type S- Shorelines of the Siate ' I I 30' I 45' I 55 Na I 130 ~ II I 30' I 45' I 35 n!a ~ 110 III I 30' I 45' I 15 n!a I 90 N ~ 30' I 45' I 0 I n!a I 75 • V I 30' I 45' I 0 I n/a. I 75 ( 'Pype F- Natural waters NOT classified as Shorelines of the Stste tivith fish I I 30' ~ 45' 55 I n/a I 130 II I 30' 45' 35. I nla I 110 Iq I 36' I 45' I 15 I n/A I 90 N I 30' ~ 45' I 0 I n/a I 75 V I 30' ~ 45' I 0 I n/a I 75 NI I Type Np - Non-fish-perenntal I50 50 All I Type Ns - Non-fish Seasonal I 303 30 , 2 Washington State Department of Natural Resources Sfate Soil Survey. 3 Equipment limitetion Zone I7raft UbC 7iHe 21 Page 28 of 51 I'lanning Commission Draft Title 21 Environmental ConVols - Uniform Development Code • For 2-20-07 Cnunal Meeting Table 21.40 - 9 Riparian Management Zones for Streams qreato-r than 15 fEet in width,_ bankfull Site Class I Core Zone I Inner Zone ~ Outor Zons I^ Other ~ Total tivEdth Type S- Shorelines of the Stala i I ~ 30' I 70 I 30 Na I 130 ~ • II I 30' I 70 I 10 Na I 110 • III I 30' I 70 I 0 Na I 90 IV I 30' I 70 0 I n!a I 75 V I 30' ~ 70 0 I n/a I 75 . I Type F - Natural vraters NO7 dassified as Shorelines of tfie State with fish ~ I I 30' I 70 I 30 I Na I 130 II I 30' I 70 ~ 10 I nia l 110 III I 30' 70 ~ 0 I n1a I 100 , IV I 30' 70 ~ 0 n!a I 100 I V I 34' 70 I 0 nJa 100 AlI I 7ype Np - Non-fish-perennial 50 50 All I Type Ns - Non-fish Seasonal I 30' I 30 . If there is more than one site class adjacent to the stteam within a proposed RMZ, the landowner has the option of using the highest site class (i.e. most protective) or segmenting out the site classes and managing them separately. a. Core zones. The core zone extends 30 feet measured horizontally from the edge of ~ the bankfull width or outer edge of the CMZ, whichever is greater, for all timber habitat types. No harvest or construction is allowed in the core zone except as otherwise provided in WAC 222-30-020. Any trees cut for or damaged by yarding corridors must be left on site. Any trees cut as a result 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. Width 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 width. 5. The shade requirements in WAC 222-30-040 must be met regardless of harvest opportunities provided in the inner zone RMZ rules. 6. An equipment limitation zone is a 30-foot wide zone measured horizontally from the outer edge of bankfull width of a Type Np or Ns Water where equipment is limited. It applies to all perennial and seasonal streams. On-site mitigation shall be required where ground based equipment; skid trails or stream crossings ot#ier than existing roads exposes the soil more than 10% of the surface area of the zone. Mitigation must be designed to replace the equivalent of lost functions, especially prevention of sediment delivery. Examples include water bars, grass seeding, mulching, etc. 7. Except as otherwise required to reduce flooding, riparian management zones (RMZ) shall be retained or maintained in accordance with WAC 222-30. 8. None of the limitations on harvest in each of the three zones listed below will preclude or limit ~ J the construction and maintenance of roads for the purpose of crossing streams in accordance with WAC 222-24-030 and 222-24-050, or the creation and use of yarding corridors in accordance with WAC 222-30-060(1). Roads within riparian buffer areas shall be kept to a ' Equi¢ment L'unitation Zone Draft UDC Title 21 Page 29 af 51 Planning CAmmission Draft Title 21 Environmental Controls - Uniform Development Code For 2-20-07 Council Meeting minimum and shall not run parallel to the vrater body. Crossings where necessary, shall cross riparian areas at as near right angles as possible. If no alternative exists to placement of a roadway within a ripanan area, mitigation may be required. Mitigation measures shall be r" \ specified in a management plan and may include, but are not limited to: a. Fencing of riparian buffer area to protect remaining vegetation; and b. Enhancement of remaining riparian buffer area through planting of native vegetation. c. Water crossings must be approved by the Washington State Department of Fish and Wildlife ONAC 75.20.100). 9. Proposed equestrian pedestrianlbike trails shall demonstrate though "Best Available Science" that the location and width of the trail minimizes any adverse impacts on habitat, and that measures to reduce effects during construction are implemented. 10. Off-road motorized vehicle use in riparian buffers areas is prohibited. 11. All development proposals shall follow the bald eagle protection rules (RCW 77.12.655 and WAC 232.12.292), as now 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 area 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 a. The riparian area contains variations in sensitivity due to exisfing physical characteristics which justify the averaging; or b. The land uses causing the least disturbance would be located adjacent to areas where the buffer width is reduced and that such land uses are guaranteed in perpetuity by covenant, deed restriction, easement or other legally binding mechanism; and c_ The total area contained within the buffer after averaging is no less than that contained within the standard buffer prior to averaging. 3. Habitat buffer areas may be increased by the Director up to a maximum of 25% if: a. The land adjacent to the water is susceptible to severe erosion and other erosion control measures will not prevent adverse impacts. b_ The land adjacent to the water has minimal vegetative cover or slopes greater than thirty percent 4. This provision does not diminish the 200 foot Shoreline jurisdiction applicable to Shorelines of the State. 5. Habitat Management Plan Required. A Habitat Management Plan shall be certified by a qualified biologist, reviewed by the Washington Department of Fish & Wildlife and approved in writing by the Director. The Plan shall include: • a. A description of the nature, density and intensiry of the proposed use or activity in sufficient detail to allow analysis of such land use change upon identified wildlife habitat. b. An analysis of the effect of the proposed use or activity upon fish and wildlife species and their habitats, identified within the priority habitat and species program. c. A plan which explains how the applicant will avoid, minimize or mitigate adverse ~ impacts to fish and/or wildlife habitats created by the propased use or activity. '~JOrafl UDC Tnle 21 Page 30 of 51 Planning Commission Oraft TiUe 21 Environmental Controls - Unfform qevelopment Code For 2-20-07 Councit Meeting d. Habitat management recommendations, including potential uses and restrictions of the _ habitat areas, seasonally sensitive areas and other guidelines necessary for the protection of the species; e. Proposed provisions for ensuring continued protection of habitat and habitat buffer areas. f. Conditions established by an approved Ha6itat Management Plan shall be included as a condition of approval for a permit 21.40.030 Geologically Hazardous Areas. 1. Geologically hazardous areas include both erosion and landslide hazard areas where one or more of the following exist: a. A slope of thirty percent or greater; b. Soils identified by Natural Resource Conservation Service as having a severe potential for erosion c. Hydraulic factors such as existing on-site surface and groundwater or changes in hydraulic factors, caused by proposals that create a severe potential for erosion or landslide hazard; d. Areas that historically have been prone to landslide (areas adjacent to lakes, streams, springs) or any one of the following geologic formations: alluvium, landslide deposit, Latah formation; . e. Areas of unoompacted fill; f. Areas which are unstable as a result of rapid stream or stream bank erosion. 2, Geo-Hazard Evaluation & Mitigation 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 gefl-hazard area shall be submitted with any application for preliminary plats, short plats, planned development projects, binding site plans; zone reclassifications, conditional use permits, variances, manufactured home park site plans or top soil removal permits located in geologic hazard areas. 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-hazard 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 af Aquifer Susceptibility. Critical aquifer recharge areas have prevailing gevlogic conditions associated with infiltration rates that create a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water. a. Aquifer recharge areas are rated as having a high, moderate, or low susceptibility based on a scientific analysis of soils, hydraulic conductivity (the ease with which water moves between tfie surface and aquifers), annual rainfall, the depth to aquifers, the importance of the material between soils and aquifers (Vadose zone), and wellhead protection information. 7he Aquifer Susceptibility Map identifles these areas within Spokane Valley. b. Designated wellhead protection areas and areas within a one thousand-foot radius of wells without reported plans, are additionally treat2d as high-susc:eptibility areas. As wellhead protection plans are completed for wells, the one thousand-foot radius placeholder will be replaced by the Washington State Department of Health-certified wellhead protection area. c. Regulated Uses. The following uses and activities are regulated as set forth in the following table: Oraft UDC Title 21 Pags 31 of 51 Planning Commission Draft Titie 21 Environmental Controls - Uniform Developrnenf Code For 2-20-07 Council Vleeting Table 21.40-10 , Uses and Activities regulated in Critical Susceptibility Susceptibility I Susceptibility Aquifer RecharQe Areas Rating High Rating Medium Rating Low 13io-sofids Izind applicatian Critical Maferial storags, hanclling, s 0 ~4 6'•3' generating or usA Dairy Feed lot Feed mill ~ . . ~ ~ Flariculturemortecvlture I ~ ~ ~ ~ ' • ! Grazinglcultivation Greenhouselnursery - aommercial ~ ~ a• • Large Animal raising andlor keeping ' Orchard/tree farm ~ + ~ ~ ( • Poultry-raising, oommerdal Truck gardeninqNineyarcl ~ a__l_ _ ~ ~ • permitted without review Not permi#ed = htydro-geologic Study required. a= Agricultural practices not accessory to a residential use that impact critucal aquifer recharge areas shall be mitigated by having a conservation plan prepared and the sub9ect property shall be required to coanply with approved land management and/or oonservation practices that protect groundvrater, as set forth in the United States Department of Agncutture Nafural Resource Conservation Servlce (NRCS) Technical Guides, and all local state and federal regulations and their amendmenis govQmirsg agric7ulfural practoces. v=Gritical Materials Storage, Handling, Generating or Use requfrQS: 1. All facililies related to the use of critical materials shall be designed so that. a. Any spilled or Ieaked crfUpl materials are con#ained on site; b. Any spilled or leaked critlcal materials cannot infiltraie into the ground; and c. No disposal af any waste containing critical materials shall be allowed on site. 2. Sformwater facilities shall be designed so that_ . a. Mingling of storrnwater and spilled rritical materials is prevented; and b. Spill cleanup procedures arQ enhanced_ , • 3. Surface or subsurtace dispasal of a critecal material is prohibited. ~=Public sewer servioes consistent with cancurrency requfrements set forth in the Spakane Gflunty comprehsnsive plan and the Spodcano County zoning cade, or as amanded, are requfred for all new resoctential and nonresidential uses. d. If a parcel lies within two or more susceptibility rating designations, the higher susceptibility rating designation shall apply to the whole parcel. e. When there are low susceptibility arEas hydrologically connected to medium and high- susceptibility areas, the regulations for medium or high susceptibility areas apply. f. bevelopment shall provide for the treatment of stormwater run-off from impervious surfaces in a manner consistent with Spokane Valley requirements and the Stormwater Management Manual for Eastern Washington. 2. Use, Handling and Storage of Critical Materials a. Critical materials, including ha2ardous material and hazardous wastes, are identified in AApendix 21-13, attached hereto and made a part hereof for all purposes. b. Within the Critical Aquifer Recharge Area, the use, handling or storage of critical materials shall require subrnittal of the following information to the City and the fire • department serving the property for +,vhich a permit is sought: i. Department of Ecology and Environmenta) Protec#ion Agency identification number, name and classification. ii. The amount and concentrations of critical material used, handled or stored; ' iii. The method of storage and spill containment; . \ iv. Material Safety Data Sheet (MSDS) for the critical material(s); and v. Spill containment management plan. c. Spill containment facilities shall be designed to: Draft UDC TiBe 21 Page 32 of 51 Planning Commission Draft Trtle 21 Environmental Controls - Uniform Development Code For 2-20-07 Counal Meeting i. Prevent all infiftration into the groundwater or any contamination of property; ii. Prevent commingling of stormwater run-off and critical materials; and t ~ iii. Expedite clean-up operations. d. Industrial pre-treatment shall be required for any waste entering the public wastewater collection system in accordance with the requirements of Spokane County Utilities. e. On-site disposal of any critical material or hazardous waste product is prohibited. 3. Enforcement procedures for violations of this chapter shall be in conformance with SVMC 17.60. 21.50. Shoreline Manaqement 8 Restoration Proqram RESERVED Pursuant to RCW 35A.11.020 and 35A.12.140, the City adopts the Spokane County Shorefine Program by Spokane Valley City Ordinance 59, Section 1(2003). ~ l ~ Draff UDC Title 21 Page 33 af 51 Planning Commission Draft Title 21 Environmental Controls - Uniform Development Catle For 2-20-07 Council Mleeting City of Spokane Valley SEPA Checklist WAC 197-11-960 Environmental Checklist ) ENVIRONMEN7AL CI-IECKLIST Purpose oi checklist: The 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 significant 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 applicants: This environmental checklist asks you to descnbe some basic information about your proposal. Govemmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefulfy, to the best of your knowledge. In most . cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, writc "do not know" or "does not apply." Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shareline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agenaes can assist you. The checklist questions apply to all Rarts of your proposal, even if you plan to do them over a period of bme or on different parcels of land. Attach any additional information tliat will help describe your proposal or its enviranmental effects. The agency to which you submit this checklist may ask. you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact Use of chccklist tor non-project propasals: ' Complete this checklist for non-project proposals, even though questions may be answered "does not apply." IN AbDI'I'ION, GORIPIE1e th@ SUPPI.EMF_NTAL SHEF-T FOR MON-PROJEC7AC710NS (P2ff D). For non-project actions, the references in the checklist to the words "project," "appficant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. A. BACKGROUND 1_ Name of proposed project, if applicable 2. Name of applicant: • 3. Address and phone number of applicant and oontact person: 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 further activity related to or connected , with this proposal? If yes, explain. . ,.v Draft UDC Titlo 21 Page 34 af 51 Planning Commission Oraft Title 21 Environmental Controls - Unifortn Development Code For 2-20-07 Council Meeting 8, List any environmental information you know about that has been prepared, or will be prepared, direcHy related to this propasal. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. 10. List any government approvals or permits that will be needed for your proposal, if known. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific informabon on projec# description.) 12. Location of the propasal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would accur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to • duplicate maps or detailed plans submitted with any permit applications related to this checklist. 13_ Does the proposed action lie within the Aquifer Sensitive Area (ASA)? The General ~ Sewer Service Area? The Priority Sewer Service Area? (See: Spokane Count)'s ASA Overlay zone Atlas for boundaries). 14. The follov+rinq questions suqplement Part A. a. Critical Aquifer Recharge Area (CARA) / Aquifer Sensitive Area (ASA). 1. Describe any systems, other than those designed for the disposal of sanitary waste, installed for the purpose of discharging fluids below the ground surface (includes systems such as those for the disposal of Stormwater or drainage from floor drains). Describe the type of system, the amount of material to be disposed of through the system and the types of material likely 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 aboveground or underground storage tanks? If so, what types and quantities of . material will be stored? 3. VWhat protective measures will be taken to insure that leaks or spills of any chemicals stored or used on site will not be allowed to percolate to groundwater? This includes measures to keep chemicals out of disposal systems. 4. WII 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? Draft UpC Tqle 21 Page 35 of 51 Planning Commission Draft Titie 21 Environmental Controls - Uniform Development Code For 2-20-07 Council Meeting b. Stormwater 1. What are the depths on the site to groundwater and to bedrock (if known)? 2. Will Stormwater be discharged into the ground? If so, describe any potential impacts. qrdft UDC TiUe 21 Page 36 of 51 B. ENVIRONMENTAL ELEMENTS 1) Earth a. General- description of the site (check one): ❑ Flat, ❑ rolling, ❑ hilly, ❑ steep slopes, 0 mountainous, other b. What is the st2epest slope on the site (approximate percent slope)? c. What general types of soiis are found on the site (for example, ciay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. d. Are there surface indications or history of unstable soils in,~fh ediate vicinity? If so, describe. e. Describe the purpose, type, and approximate quan~~titi s-of any filling,or~ grading propased. Also indicate source of fill. . f. Could erosion occur as a result of clearing, oonstructiori; or use? If so, generally describe. ~ g. About what percent of the site will be caovered with,impervious suffaces after project construction'(for e~cample, asphalt or bLfildings)? ~ h. Propased mea/sures to retluc~ or control erosion, ar other i pacts to the earth, if any: ~ f✓ 2) Air / a. What rype-~ sof`emissions to the air would result from the proposal (i.e., dust, automobile, alo s;,4nd,industrial waod smoke) during construction and when the project is completetl? If any generally descnbe and give approximate ~..a v quantities if known. - b. Are there an.y off-site so _rces of emissions or odor that may affect your proposal? `If'SO generally~describe. c. Proposed measures to;. etluce or control emissions or other impacts to air, if any: . 3) Water a. Surface: 1. Is there any surface water b-ody on ar in the immediate viciniry of the site (including year-round and seasonal streams, saltwater, lakes, ponds, vratlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. ~2. Will the ProJ'ect require any work over, in, ar adjacent to (within 200 feet) the descritred waters? If yes, please describe and attach available plans. City of Spokane Valiey SEPA Checklist To Be Completed by Applicant 3. Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. ~ a. Indicate the source of fill material. 4. Will the proposal require surFace water withdrawals or diversions? a. Give general description, purpose, and approximate quantities if knrnvn. 5. Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. ials to surFace, 6. Does the ProPosal involve anY dischar9es of waste 4iie'r' vraters? If so, describe the type of waste and anticipated,tiolur~e of discharge. ~ b. Ground: 1) Will ground water be witfidrawn, or will water be_discharged tp~_ground v~ater? Give general description, p~oseand approxima#e quantities if known. 2) Describe waste material that will te discharged into,the ground-from 5eptic tanks or other sources, if any (for example,: Domestc sewage"i dustrial, containing the following chem als; agricultural;~ etc.). ~ ~ Desc be the ` general size of the system, ttie numb~er of such( systems, ~e number of . houses to be served (if app~i~ ble), or the numper of ani als or humans the system(s) are expected;to.serve. ~ c. Water runo.ff-(including stormwa\): 1) Descnbe'the source of runoff (including,storm water) and method of ' ~ tion and disposal. , if any (includ g~ntities, if known). Where will this water ftAO Will\ wat( r flow ~nto~Pier;i~vaters? If so, describe. 2) Cnuld waste materials, en~ ground or surfacs waters? IF so geerally descnbe. v/ d. Proposed \me*as u res fo reduce or control surface, ground, and runoff vrater impacts, if any: ~ 4) Plants a. Check or circle types of vegetation found on the site: ~ deciduous tree: alder, maple, aspen, other ~ evergreen tree: fir, cedar, pine, other ❑ shrubs . ` ❑ grass _ ❑ pasture Page 38 oF 51 City of Spokane Valley SEPA Checklist To Be Completed by Applicant crop or grain ~ wet soil plants: cattail, buttercup, bulirush, skunk cabbage, other 0 water plants: evater lily, eelgrass, milfoil, other El other types of vegetation b. What kind and amount of vegetation will be removed or altered? c. List threatened or endangered species known to be on or near the site. d. Proposed landscaping, use of native plants, or other rneasures to preserve or enhance vegetation on the site, if any: 5) Animals 1 a. Circle any birds and animals which have been observed on,or near the site orN' . are known to be on or near the site: . - ❑ birds: hawk, heron, eagle, songbirds, other. ❑ mammals: deer, bear, elk, beaver, ather: ❑ fish: bass, salmon, trout, herring, shellfish, other : i: _ b. List any threatened or endangered species k o~vn to be n~aeOear the site. ~ /n/c. Is the site part of a migration route? Isoexpl. ~ ~ ~ d. Proposed measures to preservelortc~ihance wildlife, if any: , 6). Energy and natural-resources /`i;;'>~,_ a. What kindsi,of energy*(e`ectnc;~naturahgas, oi, wood stove, solar) will be used to meet the completed projects energy`needs? Describe whether it will be ~ - ~ used for heabng, manufaclur'ing\, etc. ~ ~ r . b. vl;ould your project affect the 'potential use of solar energy by adjacent properties? If so, generally' describe. c. What kinds,of-energy conservation features are included in the plans of this proposO.`• , , List other Proposed measures to reduce or cantrol energy impacts, if any: 7) Environmental healt~ a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that cauld occur as a result of this proposal? If so, describe: 1) Describe special emergency services that might be required. 1 ) 2) Proposed measures to reduce or control environmental health hazards, if an y: Page 39 of 51 City of Spokane Valley SEPA Checklist To Be Completed by Applicant b. Noise 1) What types of noise exist in the area which may affect your project (for , example: traffic, equipment, operation, other)? 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construc6on, operation, other)? Indicate what hours noise would come from the site. . 3) Proposed measures to reduce or control noise impacts, if any: 8). Land and shoreline use . a. What is the current use of the site and adjacent properties? b. Has the site been used for agriculture? If so, deseri6e. c. Describe any structures on the site. . d. Will any structures be demolishecl? If so, what? e. What is the current zoning classification of the:siti2 ' ~ f. What is the current comprehensive plan de."s.ig~ation o_f tti e siie?: g. If applicable, what is the current shoreline maste -,,p[ogram designation of the site? f h. Has any part of the site been classified as an "enviromm ~tally sensitive" area? .eff~so;-Jspect\ ~ ` i. Approximately how many• peop J~ AP p le would reside or work in the completed projecf?/ N . " roximatelY how manY Peo "le,would tfie comPleted Pro1~eci disPlace? Pk. Prop`os"`ecltimeasures to avoid -r r~duce displacement impacts, if any: ~ v 1. Proposed measures to: ensure the proposal is compabble with Existing and ` ~ projected land.usd plans, if any: 9) Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. b. Approximately how many unifs, if any, would be eliminated? Indicate whether high, middle, or low-income housing. _ c. Proposed measures to reduoe or control housing impacts, if any: J 10). Aestfietics Page 40 of 51 City of Spokane Valley SEPA Checklist To Be Completed by Applicant a. What is the tallest height of any proposed structure(s), not including ~ antennas; what is the principal exterior building material(s) proposed? b. What views in the immediate vicinity would be altered or obstructed? c. Proposeci measures to reciuce or oontrol aesthetic impacts, if any: 11). Light and glare a. What type of light or glare will the proposal praduce? What time of day would it mainly occur? ~ • b. Gould lioht or glare from the finished proje~ct be a safety hazard or mterfete with views?- ~ c. What existing off-site sources of light or glare may affect your prop al? d. Proposed measures to reduce or conUol light and glare impacts~,if any: , 12) Recreation a. What designated and informal recreationai o ctuniEies are in immediate vicinity? I ~ ~ b. Would the proposed project displace any~stmgfcecreafional uses? If so, describe. - • ~ / c. Proposed measures to red~fce~ or control impacts on-recreat~on, including recreation opportunities to be:provi~ed by the projector'applicant, if any: 13). Historic and iural pr rvation ~ a. Are'there any plac se or\obj cts listedbn,-or,proposed for, national, state, or <b.(Generally ocalfpreservation registers known to beon''or next to the site? If so, eneralty describe. ~ describe any landmarks or evidence of historic, archaeological, scientifis or cultural imporfa`nce known to be on or next to the site. c. Proosed ~easures to"edu"ce o rr oontrol impacts, if any: P. 14). Transportation\ a. Identify public streets and highways serving the site, and dESCriae propased aocess to the existing street system. Show on site plans, if any. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? c. How many parking spaces would the completed project have? Hotiv ~ . many vrould the project eliminate? d. Will the proposal require any new roads or streets, or improvements to Page 41 of 51 City of Spokane Valley SEPA Checklist To Be Completed by Applicant existing roads or streets, not including driveways? If so, g2nerally describe (indicate whether public or private). e. Will the project use (or occur in the immediate vicinity oo water, rail, or air transportation? If so, generally describe. . f. Hrnv many vehicular trips per day would be generated by tfie oompleted project? If known, indicate when peak volumes would occur. g. Proposed measures to reduce or control transportation impacts, if any: 15) Public services a. Would the project result in an increased need for pub'"lic~ services (for exam le: fire rotection p p , police protection, heafth care, schools- other)? If so, generally describe. . b. Proposed measures to reduce or control direct impacts on'public services, if 'any. 16) Uti I ities a. Check utilities currently available at the site~[~,el- natura ~gas,~ ❑water, ❑ refuse service, ❑ telephone; sanita_,ry; sewer, ❑ sepbc system, ❑ other - describe: r . ~ . . b. Descr~.be the utilit. ~es that are prop~o"sed 'Qr/the~groJect, the utility prowdmg ` the service, and the general conStruction activities on the-,site or in the immediate vicinity which mighv e`needed. C. SIGNATURE The abave answers-are trueyantl,complete to,Ehe best of my knovrledge. I understand that tfie lead agency is relying on,tFiem'to make its decision~ \ Signatur<ed. Date Su6 D. SUPPLEMEN7A\ EET FOR NON-P_ROJECT ACTIONS !do not use this sheet-f rmroiect'actionsl Because these questions are very general, it may be helpful to read them in conjunction with the list of the element of t~he environment. When answering these questions, be aware of the extent the proposal, or the types of activities (ikely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How Urould the propasal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? a. Proposed measures to avoid or reduce such increases are: - 2. Hovr wauld the proposal be likely to affect plants, animals, fish, or marine life? Page 42 of 51 . City of Spokane Valley SEPA Checklist To Be Completed by Applicant a. Proposed measures to protect or conserve plants, animals, fish, or marine life are: 3_ How would the proposal be likely to deplete energy or natural resources? a. Propased measures to protect or conserve energy and natural resources are: 4. Hotiv would the proposal be likely to use or affect environmentaliy sensitive areas or areas designated (or eligible or under study) for govemmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, weUands, floodplains, or prime farmla nds? a. Propased measures to protect such resources or to avoid or redu/c\~\Oimpacts are: 5. How would the propasal be likely to affect land and shoreline: use; mGuding whether it ~ ~ E • ~.~y . would allow or encourage land or shoreline uses incompatible~+ivith existing.plans2,= a. Proposed measures to avoid or reduce shoreline and la\ useimpacts are'~:;:,"~ ' / 6. How would the proposal be likely to increase demands on transport ation o public service,~ and utilities? a. Proposed measures to reduce or respand to such.demand(s) are: y'~•`, .f:t 7. Identify, if possible, whether the proposal may conflic vrith'local; state, or federaHaws or requirements for the protectian of the environment ' ' E. SIGNATURE i . ,.r.. . ~ I, the undersigned, swear under penalty of pecj\ury that the`above resPonses are made truthfully and to the best of my knawledge. I also understar~d that, should .there be~any/willful misrepresentation or willful lack of full disclosure on mY Part, the~a encY maY withdraw"an Det~e~mination of Nonsi9nificance that it might issue in reliance upon this che\9. c I_ist. Date: Sig - nature: Please print or type: Proponerit: Address: PhoneN . \ l = ~ Pers4n compl it ng f\ Jif differ nt.f om proponent): Name: Address: Phone: ~ Page 43 of 51 ~OO~ Community Development Department 00, Planning Division • Sp=6Vane 11707 E Sprague Ave Suite 106 m Spokane Valley WA 99206 ,,;00Va11ey 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: n Proponent: n<~ \ Location of proposal: Initial Lead Agency: New Lead Agency: ~ The initial lead agency has determined.this have signifcant adverse impact on the environment, according'to~its determination of non-sign'rficance dated: . ~ - , ,20 We have reviewed-the environmenfal~ ch~ klist and related information. In our opinion, an Environmental~mpact-Statement (EIS)";is r_equired on the proposal because of the following impacts:/ I You are:beirig~notified that we assume the responsibility of lead agency under SEPA, including the duty to.prePar,e an EIS on the proposal. . Responsible Offic al;, \ U. . . PositionlTitle: U Address: Date: Signature: , i Page 44 of 51 Community Development Department Planning Division S~m~~.~A~e 11707 E Sprague Ave Suite 106 p 1i~1.11 Spokane Valley WA 99206 ~Va11ey- Phone: 509.688.0036 Fax: 509.688.0037 Spokane ValleyA'Iuaicipal Code WAC 197-11-965 and SVMC Title 21, E.nvironmental Controls Determination of Significance And x2equest for Comments on Scope of EIS , Descripfion of proposal: ~ A Proponent: ~•~~l i..acation of prpposal: I ` Lead Ayenc.y: ETS Required. The lead agency has detennined this proposal s lil.\-,t h`ive a significant adverse i;.._~. ~ impact on Che envir6nmenG An Fc~~~:irgnrncntal Impac\ t Stntement (E1S) is required under RC~'V 4321C.030.(2)(c) and ill~be~prep~d. t1n nvir nmenCal checklist or other materials indicating lik~y emtironznc;nt~il' .irnpacts ca be revie~ved at our offce~s. . . The Icacl ageney has idcntified the following areas fior discussion in the~.ETS: ~ ~ Seoping. r~gency, affected tribes and members of the publ_ic ar.e invited Co eommerit on the scope Af the ElS. You ma~lcouiinl*nt on alternAaiv- os,'ruitigation measuees, probable significant adverse-impacts and licenses or other approvals that may be rcquired. "~N The method and de•adlme for giv~ing us your cOmmCnts is: • Z":~ > v ~ Kesponsltilc OfficiaL• . e. Pusiti~anJTitl'e:' - I'6onc: A d d Date: ~;i:~•~.'.''n, / Signature: You may ~jppeal ttus ile'lerminat"ion of significance to: At (location): \To later lhan (date): 13y (method): You should be prepared to miilce speeifc factual objections. Contact lo read or ask about the pmcedures for SEPA appea.ls. ~ Page 45 of 51 Community Development Department Planning Division S" 6riA.ne 11707 E Sprague Ave Suite 106 P Spokane Valley WA 99206 ,;00WVa11eym Phone: 509.688.0036 Fax: 509.688.0037 Spokane Valley iNIuuicipvl Code . WAC 197-11-965 and SVMC Title 21, Enviroamc.ntal Controls Determination of NonSignificance llescription of proposal: Propet-ty Owner: Applicant: ` Location of proposal: Lcad Agency: Determination: 1`he City of Spokane Vallcy adopted 0rd'i,~TO. 48 'March 31, 2003, that implemented on an mterim b~~.sis the Spc~kane Environmental~C~i-Z1in~~.nce, effcctrvc• Novernber 19, 2002 anc~ it pro~~ isions. The lead agency has determinec~~ti:itt}i is prc~posal~ does not ha e a probable si~ii£eant I __i ~__i \ _ ~ adverse impact on the eovironment. r~n rmTirc~nmental Impact StatementgIS) is not required under RCtiV 43.21C.030(2)(c). This decision was made ,after revioW of.'a cgmf~leted en~rironmental checklisC > I ~ j and other inforniation nn file wit'h the lead.. cncy`This irif.ormation _s available to the public on request. ~._l L 1'his UNS is issued pursu:int to V~~AG'-`1~971 1-3Q0(2); I ac1. Cibeny Nvill c►ot act on this pr4posal for fourteen (14) calendar days from< flie date issued (bel'ovv)J.~Coincneiits must be rcccived by this department nu I:iter-lhan-5:OQ pm oi:\ A Scoping. Age4d,-d&l clecl l ibes anci mei\ rs`; o'fi'the public are invited to commen[ on the scope of'the EIS. Yo u,n`ya~,coinment on a1tenn\ ives` mitig1t~Qn measures, probxble sigriiEicant adverse iaipacts and licenses~r t:her approvals t}iat rnay be required. The rnefhod and deadline forgiving Lis ~tiur comments is: Respo nsihlefiicial: Position/'I`itle: Fhone: Address: llate: Sihnaturc: You may appeal this determination of signifcance to: At (location): No later than (daCe): By (method): You sbould bc prepared to make specific factual objections. C;ont<j.eC to read or ask about the proceclures for SFPA. appeals. ; Page 46 of 51 Community Development Department 06kane Planning Division S11707 E Sprague Ave Suite 106 j--l-leyo Spokane Valley WA 99206 r 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 appropriate box) ❑ 17N S ❑~1S 0 Oth/er~ Description of proposaL Proponent: Location of proposal: Title of document being adopted: Agency that prepared document being adopted: Date adopted document was prepared: C-"Description of document (or portion)) b6ing adopted ~ I << ~ ~ : . If document being adopted has~.;tieen. challenged~~(WAC 197-11-630), please describe: The docu ent is available t~b ~ead a( I e/time): V& ha\,u idencified and adoptcd this' docurncnt as bcing appropri,►te foe tltis proposal aftee inclependent revie«<. ~The'documeot meets oiir envirnnmental review neecls Eor t:he current: proposal and will accompany the p posa) to the decision mal:er. Name of age y a`pt~ng~c~ ent: ' ~ COf1~Ct p@rSOn (If Other' ~ irt RCSponsible OfEiei,il): ~ Phone: Responsible Official: Position/Title: Phone: Address: De1TE ISSl1E D: .S`ICNAT'URE: ' . Page 47 of 51 Community Development Department Planning Division S O@ne 11707 E Sprague Ave Suite 106 ~ Spokane Valley WA 99206 . ~ jValley- Phone: 509.688.0036 Fax: 509.688.0037 Spokane Vailey Municipal Code . WAC 197-11-965 and Title 21, Environmentai Controls Notice of Action Notice is Given Under SEPA, RCW 43.21C.080, That: f (\'fliiic of 41ency or entity) ( \ Took the Action Described in (2) Below on: \ ,(llatc) ~ C \ 1. Any actioii fo set aside, enjain, revie~U, or otlierwise cl~allznge uch acridn an fh~ ~ouncls of noncompliance wiX}i the provisions of Chapter 43.21C RC«' (Statc Frrviri nmental l'alicy`Act) shall be commenced on or before: , 20 _ 2. Description of Agency Actions: 3. Description of Proposals (If not eaverecl b~2' a bove) ~ ~ ~ ~ ~gi'Z 4. Location of Proposal (A suf'f`icient description sfi~ii(c1-,be to locate the site, if any, but a - complete leoal description is not rec\ ed~ 5. Type of \ Env~ronmental\~~Rev.iew Und.er SEPA (lnclude nane and date of any envirc>ctmcnta] doctimen~ ~ 1 v ~ 6. Documents May Be Examine"d; During Regular Business Hours At (Location, including room numb:er; if any): _l O ~ 7. Name of Agenay,'Pco,pon_"ent, or Applicant Giving Notice: 8. This Notice is Filed y Responsible Official: PositionlTitle: Phone: Date: Signature: Page 48 of 51 Appendix A Pertinent WAC 197-11 Provisions 1. 197-11-040, Definitions; , f 2. 197-11-050, Lead Agency; 3. 197-11-055, Timing of the State Environmental 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 of 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 revievr; 13. 197-11-210, SEPA/GMA integration; 14. 197-11-220, SEPA/GMA definitions; 15. 197-11-228, Overall SEPA/GMA integration procedures; 16. 197-11-230, Timing of an integrated GMA/SEPA process; 17. 197-11-232, SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping; 18. 197-11-235, Documents; 19. 197-11-238, Monitoring; 20. 197-11-250, SEPAIModel Toxics Control Act (MTCA) integration; 21. 197-11-253, SEPA lead agency for MTCA actions; , 22. . 197-11-256, Preliminary evaluation; 23. 197-11-259, Determination of nonsignificance for MTCA remedial actions; 24. 197-11-262, Determination of significance for MTCA remedial actions; 25. 197-11-265, Early scoping for MTCA remedial actions; and 26. 197-11-268, MTCA interim actions. 27. • 197-11-300, Purpose of this article; 28. 197-11-305, Categorical exemptions; 29. 197-11-310, 7hreshold determination required; 30. 197-11-315, Environmental checklist required; . 31. 197-11-330, Threshold determination process; 32. 197-11-335, Additional information; 33. 197-11-340, DetenninaUon of nonsignificance (DNS); 34. 197-11-350, Mitigated DNS; 35. 197-11-355, Optional DN5 process; 36. 197-11-360, Determination of significance (DS)finitiation of scoping; and 37. 197-11-390, Effect of threshold determination. 38. 197-11-400, Purpose of EIS; 39. 197-11-402, General requirements; 40. 197-11-405, EIS types; 41. 197-11-406, EIS timing; 42. 197-11-408, Scoping; 43. 197-11-410, Expanded scoping; 44. 197-11-420, EIS preparation; 45. 197-11-425, Style and size; 46. 197-11-430, FormaY, 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. 197-11-444, Elements of the environment; ~ 52. 197-11-448, Relations of the EIS to other considerations; 53. 197-11-450, Cost-benefit analysis; 54. 197-11-455, Issuance of draft EIS (DEIS); 55. 197-11-460, Issuance of final EIS (FEIS). 49 56. 197-11-500, Purpose of this article; 57. 197-11-502, Inviting cAmment; 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, Specifcity of comments; 64. 197-11-560, FEIS response to comments; 65. 197-11-570, Consulted 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- Pracedures; 69. 197-11-625, Addenda - Procedures; 70. 197-11-630, Adoption - Procedures; 71. 197-11-635, Incorporation by reference - Procedures; 72. 197-11-640, Combining documents. , 73. 197-11-650, Purpose of this article; 74. 197-11-655, Implementation; 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; 82. 197-11-710, Affected tribe; 83. 197-11-712, Affecting; 84. 197-11-714, Agency; ~ ~85. 197-11-716, Applicant; 86_ 197-11-718, Built environment; , 87. 197-11-720, Categorical exemption; 88. 197-11-721, Closed record appeal; 89. 197-11-722, Consolidated appeal; 90. 197-11-724, Consulted agency; 91. 197-11-726, CosUbenefit analysis; 92. 197-11-728, County/city; 93. 197-11-730, Decision maker; 94. 197-11-732, Department; 95. 197-11-734, Determination of nonsignificance (DNS); 96. 197-11-736, Determination of significance (DS); 97. 197-11-738, EIS; _ 98. 197-11-740, Environment; 99. 197-11-742, Environmental checklist; 100. 197-11-744, 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; 112. 197-11-770, Natural environment; ~ J 113. 197-11-772, NEPA; . 114. 197-11-774, Nonproject; ' 50 115. 197-11-776, Phasedreview; 116. 197-1 1-778, Preparation; ~ 117. 197-71-780, Privake project; 118. 'I 97-'I 1-782, Probab le; 119_ 197-11-784, Prapasal; 120. 197-11-788, Reasanahle al#ern8tive; • • 121, 197-1 1-788, Responsibfe officiaf; 122_ 197-11-790, SEPA; 'I 23_ 197-11-792, Scop8; 124_ 197-11-793, Scoping; 126. 197-11-794, Signifrcant; 126, 197-11-798, S#ake agencY~ 127, 197-11-797, 7hreshold determinatian; 128. 197-17-799, Underlpirig governmental action. 129_ 197-11-800, Categorical exemptians; ' 130_ 197-11-880, Emergencies; 191_ .197-11-890, Petitioning DOE Eo change exempkions. 132_ 197-11-900, Purpose of this article; 133. 197-11-902, Agency S E PA policies; 134, 1 J7-11-816, Application to Qngo ing actians; 135, 197-11-920, Agencies with environmental expertise; , 136, 197-11-922, Lead agency rules; 137. 197-1i-924, lDeterrninlng #he lead agency; 138, 197-11-928, Lead agency for governmen#8I proposals; 139. 197=11-928, Lead agency for public and private proposals; 140. 197-11-930, Lead agenc}+ fof private prvjects wi#h one agency with jurisdiction; . 147. 197-11-932, Lead agenc}+ for priva#e projects requiring Eicenses fo rm mare than one agency when one of the agencies is a cauntyfcity; ~ 141 197-11-934, Lead agency fvr priva#e projects requiring licenses from a local agency, not a . counkylcity, a nd one or more state agencies; 141 197-11-936, Lead agency fDr private pTOjects requiring licenses from more than one state ager~cy; , 144, 197-11m938, Lead agencies tor specific proposa ls; 145. 197-11-940, Transfee af lead agency status to a sta#e agency; 146_ 197-1 1 -942,.Agreernents on lead age ncy sta#us; 147, 197-1 1-944, Agreements an clivision of Iead agency duties; 148. 197-11-946, DOE resolution of Iead agency disputes; 149. 197-11-948, Assumptian of lead agency status ~ - ~ ~ 51 DRAFT A:nVANCE AGENDA ~ For Planuing 17iscussion Purposes Only as of February 14, 2007 3:30 p.m. Please uote ttus is awork in progrESS; items are tentative , "1'0: Council & Staff From: City Manager R.e: Qraft Schedule far Upeoming Council Meetings ~VVcd:nes~tav;`Felir:uarv 21; 2U07~ Saecial Stuclv Session, 6:00 p.m. CotinciLChambers UDC `1'itles 19, 22 and 24 - Maeina Sukup (120 minutes) FeMruarv 27. 2007, Reeular NieeNn?. 6:00 p.m. [due date (1'ucsilay; February 201 1. Conscnt: Claims, Ya}7o11, Minutes (5 minutcs) 2. f'rnposecl R.esolution Extending Cable Franchise - viorgvn Koudelka (10 minutes) 3. Ylotion Consideration: S...TC Approval of f'roject Applieations - Steve Worley (5 minutes) 4. Motion Considcratioii: ApUroval of Memorandtim of Understanding Sewer Paveback- Sleve Worlcy (5 min) Administrative Reuort: 5. 2006 Accomplishments Repor[ - Ni.na Regor (60 minutes) 6. UDC Tide 19, 22 and 24 - Marina Sukup (60 minute,s) Informatian Only: 7. Sidewalk Ordinance-Mike Connelly (estimated mceHng: 145 minules] Thunsclav. March 1. 2007. S:UO n.ni'l .Toint Couricil/Plannine Commission MeetinL,: CenterPlacc Spra;ue/Appleway Revitalization Plan March 6,2007. Suecial Mcerine' 6:00 a.m. [due date Monday, Fcbruary 261 1. Consent Agencla: Claims, Payroll, Alinutes (5 minutes) 2. Nlotion Consideration: Street Sweeping Requcst for Proposals - John Hohman (5 minutes) 3 vloti4n Consideration: Beverly Hills Drainage Improvements - John Hohman (5 minuCes) 4. Vlotion Consideration: Mayoral Appointments: Lnd9in; T3. Advisory Committee - vlayor ~Vilnite (5 min) S. Motion Consideration: Snow Plowi.ng .I.evel of Service - John Hohman (10 minutes) Administrative Renort: 6. Vacation of Streets. I'ayment of Valuc - Nlarina Suku /Mike Connelly (20 minutes) 7. S pokane 0wnt?j' Ha.7 rd Plan (E~iL*!lr'1 17arrel'1 ub~. ~ C~a Fn~, m A1gmt /move. tu _%l'0? 20 m~in~, 8. UIaC Title 19, 22 and 24 (as needed) - Marina Sulcup (60 rninutes) 9. Purcfiasin~ Y~licv. Rcvisiotis'-Garv l)riskell , . . (20 minu[es) [estimated meeting: 150 minutes] A'LC Cortzressionul Citv Conference, Afarch 10-14, 2007. D.C. No 'Nteetina:'vTarch.l3; 20U7, (NLC Congressional Ci'ry Conference, Washington, D.C.) March 20, 2007, b:OA p.m. SYudv Session (duc date Monday, Mfu•ch 121 1. N irst Reaclina Pruposed Ordinance Adoptinb UDC Titles -Mike Connelly/Marina SuF:up (20 m.inutes) 2. 6Yasteivaler Trecrtment Plant Update -(ter7tative) TpTAL MY~YUTES: minutes March 27, 2007, Reffular 19ecting, 6:00 p.m. [due datc Monday, March 191 1. Consent Agenda: Claims; Payrol], `!Li.nutes r5 minutes:l 2. Second Reading Proposed Ordinance A.donting UDC 7'itles -Mike Connelly/Marina Sukup 1'20 minutes:~ 3. Pmposed Resnlution: Spokane Co. 14azard l'lan (FE•►v1A) - Dttrrell Ruby, Sp Co F.mergency Mgmt [10 min] [estimAtecl meeting: minute,s] [7raft Advanoc Agr.nda 2/14/2047 3:28 PM Pagc 1 of 3 Apri13. 2007. 6:00 n.m. Studv Scssion (due date iVlonday, March 261 Anril 10, 2007, lteeular N[eetine. 6:00 p.m. [due datc Nlnnday, April 21 ' yt'etlnesdav. April ll. 2007 - Mavor :r State of the Citv Address (leritalive) April 17,2007, 6:00 n.m. Studv Session (duc date Mouday April 91 11. Teirttrtlile: .Sullii=ciii.Kouc1.F'C(sA-~Ar(iject - Robe.i~zl3legenfW1~'1.~4T) 2.1'aperless AgendaslNotebook Computers - Chris 13ainbridgelChris Berg (20 minutes) 3. First Quau-ter CenterPlace .R.entals - Mike Jackson (20 ininutes) 4. Proposed Amended 2007 Budget - K.en Thompson (20 minutes) TpTAL A'II►1ri3TES: 80 minutes Anril 24, 2007, I2egular Meetine, 6:00 p.m. [clue tlate Nionday, April 161 1. PUJ3I..iC I4EARING: 1'roposed t\mendecl Rudget- Ken 1'hompson 1;10 minutes:l 2. Consent Agendtt: Payroll, Claims, Minutes [5 minules] 3. Firsl Reading prdinance Amending 2007 Buclgct - f:en Thornpson [5 minutes] 4. Admin lteporr. Street NtastcrPlan Update - Neil l<ersten [estimated meeting: minutes] M:av 1. 2007, 6:00 p.m. Studv Session [duc datc Monday, April 231 Mav 8, 2007, Regulsir 1'Ieetina, 6:00 p.m. [due date Monda}', Apri1301 1. Consent Agenda: Payroll, Claims, Minutes [5 minutes] 2. Second lZeading Ordinanee A.mending 2007 Budget - Ken 1 hompson [5 minutes] MaV 15, 2007, 6:00 a.m. Stutlv Session [ciue date Monclay, May 71 May 22, 2007. Ree-ular MectinLy, 6:00 a.m. [duc date Nlonday, A'lay 141 Mav 29, 2007 - I)AY Al+°I'ER M:LVIUlt1AL DAY - NO ]MEE7'ING Saturdav, Junc 2, 2007 - Council/Staff Retreat, 9 a.m. - 3 p.m. Countilmember Denennv's Cabin, 29897 N. Isle View Road. Spirit Lake. Idaho 83869 7eirtative Ageittlu Ilenrs: F:rnaiing Upion.r, Borrd issues, 2008 Goals (Vull~y CDI3G Progrum); Council weGcusts 01'HERPENTD.n7C A\°D/CaI2 UPCOMING ISSUESIINIEEE.T.L1`GS: A WC Confcrence in Tacoma: Jwie 12-I5 No Council Meetina nr Study Scssion: June 12 Noiss Ordinance (Const.ruction Ae[ivity) Modified Crune Check/Crime Reporting Central Valle.y Schaol District [mpact Pee Reqliest . Sewer Collection Systems -Neil Kerstcn Sitc Locator " Accicient Statistics along Broadway - October 2007 r* estirnateci meecing tirne does not include time for public comments] Araft Advance Agcnda 2/1412007 3:23 P&4 Pagc 2 oP3 CITY OF SPOKANE VALLEY ! Request for Council Action , Meeting Date: February 20, 2007. Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ~ information ❑ admin. report ❑ pending legislation AGENDA ITEM T1TLE: Information: Titles 19 Zoning Regulations, Title 22 Design & Development Standards & Title 24 Building Regulations GOVERNING LEGISLATION: RCW 36.70, WAC 365-195-800 et seq. PREVIOUS COUNCIUCOMMISSION ACTION TAKEN: The 2006-2026 Comprehensive Plan was adopted on April 25, 2006 and effective on May 10, 2006. Council received information conceming the proposed process on July 11, 2006. , BACKGROUND: The City will adopt development regulations implemenUng the Comprehensive Plan prior to March 31, 2007. These regulations vrill be incorporated into the Spokane Valley Uniform Development Code, including a wide range of regulations, some of which the City Council has seen in the past. These regulaaons are subject to the same requirements for early, continuous and colleborative public participation as the Comprehensive Plan. Title 19 -Zoninq Requlations. - Gouncil has complete discretion to alter or change most of these provisions. This chapter ~ f- establishes the various zoning districts, as well as addressing non-conforming uses, changes in the map and text of the regulations. It also deals with Home Occupations, Accessory Dwelling Units, animal-keeping, manufactured housing and manufactured housing par}cs. Planned Residential Development is an entirely different approach to that reviewed earlier by Council, allowing a transfer of development rights within the property itself. Non-Conformina Uses. This provision addresses uses that were legally established but have become nonconforming due to changes in zoning regulations. Interim regulations allow enlargement of nonconforming uses on-site. Draft regulations limit nonconforming use expansion to existing buildings only, with the exception to allow the provision of off-street loading and parking. Home OccuDations Continues existing regulations for "Home Professions.p Dwellinas, Accessorv Apartment This provision would allow accessory dwelling units in detached structures on single-family lots and establishes conditions concerning parking and size. It does not require that the principal structure be owner-occupied. If "de facto" subdivision is a concern, it may be appropriate to require that water and wastewater utility service be extended from that of the principal dwelling, rather than a separate connection. Present regulations require that the access4ry dwrelling be Iocated within the principal structure. The "Dependent relative mobile home" is not allowed by temporary permit, although, if accessory dwelling units outside the principal structure are allowed, they may be manufactured homes. Other Accessorv Uses F ~ Ham operator towers. , Animal Raisina & Keeoina Provisions applicable to UR-1 unchanged. Administrative Report SVMC Tiiles 19, 22 & 24 Page 2 of 4 Manufactured Housin4 ' Provides for limitations on foundations and appearance authorized by statute. Manufactured Home Parks Continues existing requirements. Planned Residential Developments This is completely different than the existing. Should be considered in conjunction with height and area regulations included in Title 22. Essential Public Facilities. Council cannot unilaterally change provisions for the siting of Essential Public Facilities. Airport Hazard Overiav • No change from current regulations. Pineline Hazard Limited safety requirements and notification of pipeline companies. Site Plan Review Authorizes site plan review prior to issuance of a building permit. Administrative Exceptions . Clarifies the purpose of these exceptions, Othenvise unchanged from current regulations. Conditional Use Permits Unchanged from current regulations. Temporarv Use Permits Unchanged from current regulakions. . Variances Unchanged from current regulations. Conforms with statutory requirements. Title 22 - Desiqn & Development Requlations. This Title.includes concurrency; dimensional standards, off-street parking and loading, outdoor lighting, fencing, screening and landscaping, sign regulations, wireless communication facilities, streets, sidewalks and public places, street vacations, and stormwater management regulations. Each of thesQ is discussed in summary manner below: Concurrencv This provision is required for transportation, and water and wastewater, and is primarily procedural. As drafted, concurrency for other services is optional. . Performance Standards & Incentives (Reserved) Dimensional Standards Council has complete cfiscretion to after or change any of these provisions. These standards affect height, lot dimensions and coverage, and setbacks, and are used to evaluate subdivision and short plats. Note that the minimum lot sizes have been changed and that density is no longer a criterion in straight zoning. Density referenced in the Comprehensive Plan relates only to Planned Residential Developments. Note that open space within a site is required for mufti-family development. The amount of required open space may be reduced up to 50% for improvements. Evacuation and Emeraencv Response Standards (Reserved) `Off-Street Parkina & Loadina Standards Administrative Report SVMC Titles 19, 22 & 24 Page 3 of 4 Council has complete discretion to alter or change any of these provisions. This section provides for the number, location and dimensions of required off-sfreet parking. It also provides for shared parking, compact cars, car and van pool parking, accessible parking, stacking and queing, parking !ot design, and off-street loading, as rvell as bicycle parking. Outdoor Liqhtina Standards Cauncil has complete discretion to alter or change any of these provisions. This section inoorporates provisions af the Washington Energy Code as a requirement for outdoor lighting (except in all but one and two family dwellings), minimizing lighf pollution. Unlike most lighting ordinances, it does NOT establish maximum height of light standards, but allaws height to be determined by a proponent based on location relative to adjacent property. Fencinq, Screenino & Landscanina Council has discretion to change any of these provisions except those established by AASHTO for clearview triangles. Allovring electric fences and under what conditions was a question raised during eariier consideration of clearview triangles. The proposed provisions identify requirements for screening and buffering that are aligned with present practice. Significant changes include . establishing a point system for the minimum amount of landscaping, requiring that landscaping design and insfallation be certified by a licensed landscape architect, requires additional landscaping along aesthetic corridors, provides for headlight screening, street trees, screening of loading dacks, landscaping for free-standing signs, and xeriscaping. It also provides for tree preservation by providing credit against landscaping requirements for exisiing trees. Included are planting details and plat species recommended for this area. ' SiQn Reaulations The proposed regulations are those recommended by the ad hoc Sign Comrnittee. The regulations have been simplified and definitions are included. These provisions anticipate that additional zoning districts will be established, include "cap and replace" for billboards established in the Comprehensive Plan. Wireless Communication Facilities Council has complete discretion to alter or change any of thesn provisions. These provisions generally continue the previous standards. Streets Sidewalks & Public Places This section adopts existing street and sewer construction standards by reference as well as the Manual on Uniform Traffic Control Devices. It also adopts the Regional Pavement Cut Policy, clarifying inconsistencies in the policy. Council cannot modify the Regional Policy. Street Vacations State law is fairly prescriptive. This section has no changes from the existing regulations. Stormwater Manaaement This sectian does not change the existing regulations. Title 24 - Buildina Requlations. These regulations adopt the most recent version of the International Codes and appendices in conformance with statutory requirements. It also continues provisions for grading and excavating. Definitions Definitions explain both uses and other common terms used throughout the proposed regulations. These Titles were submitted to the Community Trade & Economic Development Department (CTED) on January 27, 2007 not less than sixty days prior to final adoption by the City Council. The Planning Commission will conduct public hearings on all three Titles beginning on February 22, 2007. OPTIONS: Not applicable. Administrative Report SVMC Titles 19, 22 & 24 Page 4 of 4 RECOMMENDED ACTION OR MOTION: Not appiicable j BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Marina Sukup, Community Development Director. ATTACHMENTS: 1'itle 19 -Zoning Regulations. Title 22 - Design & Development Regulations. Title 24 - Building Regulations. Definitions : , , S#6k~an~e~~ . ;OO*Valley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org . . . . : . . .i 5. . ;Q Memorandum To: City Manager David Mercier and Members of Councii CC: Nina Regor, Deputy City Manager From: Morgan Koudelka, Administrative Analyst Date: February 20, 2007 Re: Comcast Cable Television Franchise Extension The current cable franchise agreement with Comcast was originally due to expire on September 5th, 2006. Council extended the franchise agreement, by resolution, to March 5th, 2007. " Council was presented with a draft franchise agreement at the February 6th, 2007 meeting. Comcast was also presented with the draft agreement for review. Comcast has indicated tv staff that it will need the full month of February to review the document and . they plan to meet with staffi sometime in March. At this point Comcast has not identified the talking points. Due to the time necessary for Comcast to thoroughly review and discuss the draft franchise agreement, staff requests that Council approve an additional extension of the agreement to June 5, 2007. Staff plans on presenting a resolution to approve this extension at the February 27°h Council Meeting. The Legal department has looked over this request and determined that there is no restriction to further extending the agreement as long as both parties are in agreement. A representative from Comcast indicated that the company would not have a problem extending the agreement beyond March 5t'. All current obligations of the franchise agreement will remain intact. .'I - E VALL~ ~ ~ C*j T N ~ TM R~ Q Ad= . i ! rr` ~t, E p RLY R QuAR ~,CE a r a It oC o~ 2 ID QO~NE Vqtt~- Pege2of,o 5 FI RE ~ DEPARTMENT Mlko Thompson, FUa ChIQ( ( October-December 2006 ! M T H ~ Q L H 1 ~ ' ~ r ~~~J 1_ ~ _''0 - ' Preparations Unden~ray for a Busy 2007 The Spokane Valley Fira Department has a very busy agenda for 2007 Wa will be- ~ gin the implerr►entation of the goals and objectves we had ldentifled in the voter ap- proveci M& O Levy_ Again, we thank the voters for your conti iued suppon in helping to make these improvements happen. lYte improvements wi I consisl oi hiring addi- twnaf Fersonnel, pLrchasing replacement apparatus and adding paramedic engine companies. Ch1oI lfikv TMowipson The hiring process has already startod. Wrfh ths addit,an of nine new pasitions, re- tirements, and a secand round of military dep(oymenls for soma ot our personnel, il required us to hira eighteen firQfighiers tttat will begin thelr academy tra{ning March 1. The processing time for a new hire takos approximataly three months by the t;me they gc through psychobgical evaluations, background ir vostigations, complote physicais, sizing and purchasing safety eqwpmenl, etc. Our iraining offioErs ar~ ptanning for a challenging 10 week traininp acaderny to prepare these new recruit fireflghters to hava a ba- sic foundakon of skills when they amve at their first station assignment in May. In May, we will add two addiuonal paramedic engine companies and reduce the number of apparatus wa send to rnedical emergencles. Currendy we have a minfmum of tf7res staUons tfiat are capabfe of providinc; , a paramedlc rosponse. Th(s change will provide a minimum of five statians wilh paramedics. The implc mentation of adciidonal paramedic engines and additional siaffing will allow us to minimize the number o, ' apparatus we send to most medical emergencies. ~ec~c 9t~tlorts ~ "'1,: . . _l ~ ~S - ~,-a,•_ : T- _ Peirp ~ I~~IIIO~JR: ~ 4v h ' • ~ - . t: ' r 1_ J; - ~ . ~ - - 1 ~ . ~ _ ~ ~ . ~ -9, ~ - ~1--a- _ . - : : ~ r--- AD . _YL~-- j f.`" ~f. / . 1_- ~ l --'~i• n,. ~ ~ . ♦ ~ I•,u•n _k ~ _ , ! . • ~ Y ' ~ ' e is:r.s: Y s. t : J . ~ • t' ~ ~._....,11 1 What I have just descnbed is a smafl part of what we have planned for 2007. (n future Quarterly Reports, I will be wnting about deve►oping a sirafegic plan for tacilities, a county-wide ambulance contrad, response tinne standards, and department stra#egic planning c FlRE Page 3 of SQ PO~E F~ ;EPARTMENT october-Drcanbar2006 g . • f 0 i : e0.l~~~= _ ^ „ 0 a • e~ • ~ to. i1 !t .a+ • r• _ ct I • 1 -t• 'l. b 1 • . Ms• i. • i a ~T . . ~.c { : . a 's i,-. )r . f - . t _ ~ . . ~ . ' _ 1~ ~ ~ • • 1 1 ' a7• . 1 k. ~ .r.. ~ ~ p ~ !iI • c ~ T _ ~ ~ °tC• ~ - ' s ' ~ ' n ~ ~i :~i,. ~ ~ . tn a~i • BI ~ - ~ ui ~ . ' ~ If - ~I' { 1 •S _ 1 ~ 1 In ~ .M.II t :1 • ` l ~ ~.I • tt~~1 ' w If •1f ~ ~1 / ~~1 f• ,.~li ' ~ 1: ~ ! ' ~ ~ ~ ~ • ' t • _ • ' • . ~ . . . ~ . . C , ' ~ ~ r ` I. . Re~ 1 11 ! ♦ ~ . ~ ' ~ • ~ ~ , + - - - i - • '-M_1~i~ v + ' • , • ~~-y~~ •i f ~ QpK~`~E VAL~~ Page 4 of 10 5 F I RE DEPARTMENT Mfke Thom pson, Flre Chlef ~ October•Decem ber 2006 ErjM-~.',JSj DRURS10j" ~ . pokane Valley Fdre Department is one af The S numemus agenciea in Spokane County which , has been trained to providQ an alternate raute , of fluid and medicatian administration to the critically tll aduIt and pedlatric patient. The A. tachnique is called [NTRAOSSEOUS INFUSION. It invotvas drilling a metal catheter into the bone marrow cavity of the leg in order to gain ~ - vascuIar acceea in a patient whsre venoua ac- ceaa ts not possible. This technietua gatterally will be performed on unconscfous patients. , Even though it appeare painful, the pain haa becn dcscribed as equivalent to the pain of a large bore M in tho3n consclous patienb who roquired vaQCUlar acceae. Raady OYsots-EM8 Divisloa Cbiei ly:: d sto M oghwed Is a stwk rwWnder to - -W o b: g i .t : d. I have no : d t _ e pportIity to Y. ' I r :p. o ~ C FU39plio . t: but I plan to find out ho C d In the p 4 p: ' d f.- arena. o - hard t• b: te 1,000.000 i:or - out po percent + tho: do yo - p ep" • • pa • . Wrm, how did you tam in being pre- p. _.d t did p :.1 out power fb - hours. . o r pini 1o work that morrd t ound • the t neighbors. 1 al1_ t going {o .11. 1 'o that 1 power ~ ta1 : ould last long.I g 1 ow still o • . i 1 i ghbI -1 went 11 dnn: 1 when I home, 1o 1 1 Mo 1: ' 1 1 p. :x 1 . ble to talk vdth thenL nw ere upW that It to. - o long to fix i power pro. : d wp i - r. power line and anoi o pole, -1 - I/I , of us. Thi. ot quick fix situadon, hence b: g p t.p:i : d .i .pp• Mo1 on*t let yo - t o r o to (inner, and the f out of stock wit v:: oir itms. :a ons, p: oid 1o yo plan r p.i: or 72 hours? 1 o you know ho :i : o • d each i p• • b: ronip : ~ ~ ir ln t . ofn- munity Enwgency : po • 2006. o W In leaming mo ii out b: g : p: md, not od fo yourself but yo I family~ borhood and community, •.i i oI our CERT pro. 200T, vdil ' r:l o . -K' - a ■ g 1 1 ur Condntdng d .tl on Training fdr tho' o have ro I : 1 1 ' 1('. =5: o :1 esW ' 1 : g on of o .'1. _ - I o kane ' : D_ 1 : tment at 509-928-1700 PO~ `NE Y~C~ Page5of10 5 F I R E DEPARTMENT Mlke Thom pson, Flre Chlef ' Octcber-Decem b¢f 2006 YEAR 1 DATE RESPONSE TOTALS - - - - 2006 3VFD 2005 SVFD % Jan. - Dec. Jan. - Uoc. Change dLYTp YTD ~ 481 459 479 19 34 -44 12 - 114 115 -0.87 126 115 9 57 30 25 20.00 803 573 5 24 _ 3454 3129 10.42 . t ♦ i:y:• ?743 3574 1 73 0 1 -100 00 7 15 -53.33 ` 4 4 0 2 0 0 ao -88e 20 13 53.86 . ~ • ~ 771 798 -2_18 86 88 -1 18 157 145 8 28 9698 9165 5,82 , ,i , . PREVENTION STATISTICS - ~ . October-Deeember of 2006 = - P~~:;''?. c`~~ `~~:~►~~,`;afi .Jr~ ~3t=~.;"t"'IONS 67 pi,ATS 4 HHT.aRD COMPZAINTS 21 SUPPRESSION SYS'I'EMS 1227 HUSINESSES 6 ALARM SYSTEMS 108 RECaLLED 5PRINKLER HESD3 31 HUILDING PLSN REVIEWS 16 FIRE WgTCB 0 CHANGE OF USE 46 FTRE AIARM ACC£PTANCE p FIREWpRKS 128 BIIILDING ACCEP'i'ANCE 26 TENANT IMPROVEMENT 13 HOOD 5YSTEM ACCEPTANCE 0 TEMPORgRY STRUCTURE 26 SUpPRESSION ACCEPTg.NCE : G i ~Np r r.~ : 171 1568 Q DMN E V,qQ~ Page n a! 10 ~ FIRE DEPARTMENT Mlke Thampson, Fire Chlef ~ October-Decernber 2006 _ 'mpp.r FIreplice t'leaninEr !4ieihods Winter Safetq Tips ° UM xf11 e!M =oM llsiplsOt, Aun Ue ! tQW Fire Satety and Candles IUip i01ey rEI11L The nse of open-flame candles can add ambienca to a holiday. provide "warmth" to a home and be a - - •won am" slRap plaee ikaaAee dnllaee soiuce oi light cfw-ing power outaqes. For these aaqs$ to a d~al mQtal etntakar. IrDbii aitd other reasons, a great number of consiunera are buninq candlea. 7~►e Spokane Valley Fire De- ~e ~ Q~~~ e~~~ partrnent would like to retnind consumen that the I AfNal iIL improper use oi candles can result in catastrophe. - •UBVHg BO !1 B1gHR BAB. i! OaMOtiQ 00it 9e To avaid the dangers oi Sre whtle bcunmg candlea, s lwnt Egus bitE In tag ale~ gtvEoaL please follow the safety rips listed below ~ Maer ase avs~ eUxmsE to pIEk all • Never leave bnraing csnales nnattendett "Jilg& • Keep all combnstible tnatertals away froan .Olss aAsura be tepl tn a vetal eonWnas open names oEtsiQe, AweN haam te lisma to aool f#= • Do aot barn candles acar wind,ows or door- wayYs game, ao..o, o. liodrs m a.mm.8 loc:• . Dl...., I.. daaa tar salla to aool Baar mlfae fiars • PLce candles oa a ilat, rtnrdj► aoa- E9016d Iti a metal eaRtaineR tt [s a8aossaig combnstfble surtace ~ t9 and a mdtsdls IH8P9si1 slte. MBva[ imp . Neaer leave wndles burning whea children ot seeplaae aanea unin In~ linge ItaA st leaat pea are pre.ant Eaut dags [e Qeal. Rwea atLoi lba tmp, gnat eam sitwila to glvm ln ealealis oownp :111 Clifford-PI O . o s . . ~ . ~ . - ftg"" O .`i 1 ttiitd-grWe '1 d: s ft. 15 ' ♦ ~ L t : e - t obs: ~ ' - aricilefirift - pY ►a ~ f firwSafely4n the hoFne. ~ i r~ • F, t_ :.r~i ~•e : g irbprm,&Z=el~ : 1 / t ' - l.l Y : h N 1 ' . 1 ~ ~ ► 1 ~ ! . 1 ♦ 1 : ~ ~ ~ lhelhlrd- / s r' : e.- M 1 given Info t 'grirttont to M o:ft 411 q e r /f 1'. t+ •d 170 t- d e r, ~ «Me the use of nre b 1 ex c i - r • bW m ti ■ f i: Depanowit g' II ' dc. II wn in D' Me I er fbr 'J W • ~ oute T Sium OM In 1,ft '1 b: 1 m J' V ':J . M i s I d :i~- w -1: • mem 1 : cog ► e ttow P ' I: : pp.:..d up ! g: 1 ' 1 " s:.1! : Y' ' ei : & Bill _ • AOMN C YAt C' Paga 7 of 10 5? F I R E DEPARTMENT Accbk Mike Thompson, Flre Chlef iv October-December2006 Ath QUARTER FIRE INVESTIGATIONS - 40. N . 0 ►r t g :iv m aIw ln (1 1 prwrty c .i : g: t c I y o W ' 1 • 1 • . • p M' caused Y electrical • i • 1 1 1 g ig. • • ' 1 1 ed in The afTests o : a { • . D: ft ftMI I 10-Tatal inveWWOrls .p. ,brately $1 1M in pr*Mtty • : 38-Accidental d e o ft e W M : . b. , _ Fft,0e0,wUwnt S . Louis . Devomay nr - i . N • e was'noWtod Ic0jie : c . r. s b ~1 • :i SpoksOo _d - • Haveng sh 1 spc*m ' r was. - ..ni f 'e~. •U ~ i . •e.r. D.. 1 i~ 1" ~M~ ~ F~:...f'ti lt :.~I ~ K' Cli"on HONOR GUARDa and PIPES & DRUMS i~•»~~:+ ~~'"'-t'" ;y •'`~~t'y~~_~ ~f~'fi' c e x s i hs (ast qt,carter of the year has been quiet for tfie Hanor Guard ar r Pipes & Drums Corp. We partfapeted at the dusl relfrement d Jcr- s1_ ~A Faulkner arxi Dave Halpin in December and are now preparing for s. q St. Paddy's Day Parade. Vrsit our web:ite www, sudsangva!lerfre cazs -iges to the Honor Guard page ~ tor new chri - Rob Prortor-'rionor Gucird Cammander - , John Fanikner 33+ Yenrs oi Scrvicc =►.~~t.cmLwr 10, 1973 - Jailiaars 3, 2011~ . ~ r Uas-id Ilalpiis 30+ Years oF Service ~ April 19, 1976 - .lauuary 14, 24M17 ~ ' . AQ[v" 'G ~~PageB ot 10 FI RE DEPARTMENT Mlke Thompson, Flfe Chle( ~ Octobor-Dccember 2006 Interesting Responses-4th Quarter Citizens Rescne Teaant from Apartrnent Fire Spokane Valley Fire Department responded to an apartment fire in the 15600 block of E. 4,h Ave. Tenants heard an alarm sound for approximatety 30 minutes and thought it was coming from a vehicle outside. Upon investigating, they found the alarm coming from the apartment neat door. The front door was locked so they went around back to the sliding door and saw thick amoke inslde with a resident asleep on the couch. They pulled him from the couch and the fire, which was caused by a cigarette, flared up . They attempted to put the fue out with pans of water until the fire department arrived. The tenant was trQated on acene for smoke in- halation but refused tranaportation to the hospital. Dri-w-ing Lesson Learned Valley Fire Medic 10 responded to 17100 E. Sprague for a reported suto vs. pedestrian call. Upon arrival, they found that a father and son had been looking at a truck; the aon popped the clutch running his dad into a planter box and injuring his knee. The father refused treatment and transport to the hospital. PJlotorcqcle Speedinq Results in Fatal Czas2: Spokane Valley Fire responded to Corrigan and WelleslQy for a motorcycle crash with a pick up truck. The rider atruck the truck at a high speed dislodging his hetmet and causing mas- sive trauma to his upper torao and head. The rider was in cardiac and pulmonary arrest upon our arrlval. The patient was airlifted by MedStar to a local hospital where he was pronounced dead. V3Lley F'iza Responds to Powez f'ai_l-rre Valley ~'ire Engine 6 responded to the 6600 block of E. Broadway to check on a person with a disabled electric whQelchair. The wheelchair had lost its power and the crew moved the per- son to a safe location until Valley Yew personnel arrived to take their resident home. Gadder Company Rescues Students from Elevator Spokane Valley Fire Pumper Ladders 1 and 2 responded to Weat Valley High School to help threQ students from a stuck elevator. Upon arrival they found three students stuck in an eleva- tor approximately three feet above the ground floor. The crews shut off the main power sup- ply to the etevator and lowered it by releasing the hydraulic pressure. They used the elevator key to open the door and assist kids from the elevator, no injuries. 40,ONE p~ss~,t. FiRE DEPARTMENT MIkQ Thompson, Fire Ch1ei ~ October-December2006 . . . . . . . . ~ • . - , . ~ ' ~ 1 ~ n~ a f. .f ~ . 1 \ ~ ~ > • 3 1 I I 1 ~ ~ \ . . ~ ~t: s ' ~ ~ ~ a ► u ~ ~ . 7: M r ~ ~ ~ t:t i ~ f ~ P• ,r ti 7.~ ~ ■ L" • ~.a ~ ~ .A 1 ' ~ ' 1 : 1 t R y M L 1 1 ~ ~ ~ V 1 1 ~ ~ ~ ~ ~ • • . y . . ~ ~ • . . . ~ ~ ~ . r~ • ~ ~ . D a, - L i: - c ~ ~ r • . . ~ r _ ~ ' M• ' q' _ - ✓ :~ti . . . . ~ . - . ~ . ♦ • ~ i :._t ~ ~ OI - 1 H 1~:~~ ! • ( 1 • 1. N ' ' n,. t_ ~ • 1 Y s ~ M 1' : i ♦ ' af. J• ' N i i - ~ J[' t i . w .a '•a ~ I P > ~ • • •:.~t ~fr r ~ y G. 1 1 1 •t - p _ ~ ~ r _ ~ ~ ~ i • c r. - u . ~ »ti c ' ' • ~ - t l, _ ~ ~f. M f A- ~ ~ _ _ a_ _ ,a.;.• 0 • .,V1 .r1- - L. ~ lf~: :.i N - • _ i' ~ ~ l..~ i :7 1 ~ f . ~ ~1 ~ l • ■ , 4 1' ~ II • •r. .e . ~ • :.a ~ . 1 i• r. - • i r _ ~ - ' t ~ • 1 1 r ~ . N _ _ s ~ . ~ ~ ~ • - .ii t~ .tl .t 1 t Qp1cCANE VAQF ~e,oaf,o 5 FIRE DEPARTMENT Mlka Thompson, Ftre Chle( ~ October-Oeomnber2006 ~ Go~t~~iatio~ C~~~nner l~~t~t Tb° gp°'ane voney n" ae"rt- aaut !s ples" to aaaounoe tbe fo!- SOM Mdey Fh Cri■iw■r iw ltts~ Mp been l~a A~►ar+d Recipieats !oe oar i-i tltWMsiftPtydirt w tfr WSiii"fiy CW- F.saplajroe ~ieoo~s~ioa Programc akWs Asaoktw i1M is a m yrr' hm o1 tbe fM ~ 1 a ii Yt yms tW aooovo■r frtu to Esst oii of tL - ° r ~t~ ~ stiD tii mw 1in PMUK : . .I - 'li Mi.: I ahiMtin Fke Cunbsitaw's Asseebtim Is ~m ff dKtad nm lbU7it~n~ll~ ? j - t r mu rt wsNNtL Tk. nsslobtim ka U52 ■WAWS t~+ cift sothn ad mot,.wrdu. a s a mwbt~a rr - - - - : ; tl kip wemt M tlrt Irwwtiw. ih wlrs~Mn aid 777 I 1 ~ n idalid to lb sW ahty. IN iioi ft R~ ~ ~ n vooiod =dvrum wM . _ i • 1 • ~ ' ~~~~m U*s f1ktout ad inft lYfto " - • mS. gmdo': ~ Om WoM Wes hokit ~ - Y', birt at k" tt m ambsieet' wwitshw w '~`4- - • _ , ' I ,!,ty+.=--'^asr+- 4abC.. t _ ndpow um law In 1, Im_•ft nkb" f h CI! Alfuitim *=Ms fw tk aft aWrns of tbe tto srYin tb bO*tfira rM tt bPVrW IY N eirQt'bord atmriaad of a prwpftt Yiati~~la~t. ~txY-tronoo a' ~r ro ~ md " r1111dnotWa. Ttie ItfiaIM ail roiEW drWtsy Wo siiobw trytMir hiMw ih"Edd tke andift re mw sW 1V an ncmthre directr and tlrea ekN%ei ftff moinm iwmef' I~ hg sW s" TM ~OPa1 iM f" ae11ia il wo b tm UeitM "rry eras ad r4 be I Fset ast a 14 wftt fr Y J ! ii~! L~t'r ~:~~ll ~'sU - NI E M O j` . TO: 1.)ave vlercier, C'ity vTanager FR_OM: Geurge `Vigen, Administrative Scrgcant DATE: February 20, 2006 RE: iV'ionthly Report Ianuary 2007 Aitached is the acliviiy report for January 2007 for the Spokane Valley Police Taepartunent. Comptrtcr-aideci disPatch (CAl7) incidents lc~taled 4,342. 'I°hese are self-initiateci offcer contacts; as well as calls for se.rvice. (Uut of those incidents, 1,40$ achial reports were taken during the moath of L7ecember. Also attached is the breakdown describiug thosc incidents. Additionally, t6ere were 1,512 traffic stops conducted that resulted in 312 traffic reports. Included are the hotspot maps for January residential burglarics, January canunercial bur€larics and January traf.fic collisions, along with January stolen vehicles. ADiVTMS`l'1ZATl VE: ♦ Captain Russ Shane cancinues to seive as interirn Chief a£Police. ~ o As of Jauuary 1, the facililies hnusulg the Spokane Valley Police laepartment bccame the property of the City of Spokane Valley. Thauks to the prior planning and prepxration by the Cily of SV staff the transition went smootlily and any calls fiar service or maintenance problems have been answered promptly by City of Spokane Valley persnnnel. ♦ Jauuary was a busy mcmlh at the Spokane Valley Police Department for tours. -Sergeaut Wi;en €avc tolu-s af the facilities for tbree separate Cub Scoiit groups. Fach ~oup consisted of 6-12 Scouts, theu plrents and some graudparents. The taurs each lasted behween onc ancl ane-hal f hours. COM:vI[JNITX ORIENTEU POLI.C1NG: _ ♦ Cooperation between Cnde Enforcecnent and SCQPF volunteeis resulted in the tagging of 547 abandoned vehicles in the Sgokanc Valley during 2006. I.n addition, anather 102 vehicles were taggcd in unincorpotated Spokanc Caunty, for a total of 649. `I'otal vehicles lawed iii Spokanc County were 214, i.ncluding 138 From the Spol:ane Valley. There were 132 citations issued 1'or abandoned vehicles in the City nf Spokaue Valley; with 66 more issued in Spokmie County, totaling 198. • oSC(7PE'volunteers also issucd a total of 548 handicap parking tiekets tlurin; the year 2006 ' in the Cify or Spokane Vallcy ar►d Spokane County. Page 1. ()NO~F'ERA'~[S: . 1 ♦ New Ycxr's Evc Party Lnds in Slashing A 40-year-ald Spokane transient was arrested after he slashed a partygoer in dle uec}: and chest. Shei-win Lcc Elston was boUkcd 'vito the Spokanc County Jail on a felony count of First laegree Assault. Offiiccrs were called to a home on Fast Nora by a complauiant reporti.ng a fight. As Office.r Scott Boruiey arrived, he spotted a car leaving the residence. He stoppeci it and noted the Female driver liad blood on her hancis. Her 26-y'car-old male pa.ssEnger had a sir-inch slash on his thrAat and a 12-iuch gash on his chest. Investigation revcaled that the male passenger had been trying to help chc resident remove Elston from thc honle after tbe st►spect becaine rowdy and bclligerent and refused to leave. Elston rcportedly pulled a knife and slashed the victim. t1s the vietim and suspeet rolled on the f:loor, the victim's girlfriend Pinned the suspect's arm to the floor. Shc cut her hand pulling the krufe Erom his grasp. The victim and liis girlfi-ienci were takcu to a hospica] for treatment. Their wounds did not appear to be serious. ♦ 1)cputy N".ngineers Fclciny ArresYs Caiune teains are a huge asset to law enforeemeiit, but somelimes it's because of the deputy and uot the dog. Such was the case when Officer J.P. Melton ree,overed a $40,000 piece of engi.neering equipment belore the victuu hacl eveii madc the thel't reporr. Melton was patrolliaig the ai~ea of Sprague and Sullivau whcn he stopped a Toyota van being driven without a front liccnse plate and witli a brokcn windslueld. I-ie identiticd tlle operator as 23-year-old Soruiy R.. Evcnson, a suspended driver. Hc also idcntified two male , passengcrs, a 21-year-olci and a 16-year-old, after notiu; they did not have seatbelts on. 1Vlelton arrested Evcuson fUr'lli.ird Dcgree Driving NVhilc License Suspendcd a.uci searched the van. Tnside was a piece of engineerui; equipcnenC that apPearcd tci be soule sqrt of transit. As hc was checki.ng thc uiachine, police dispatchers calleci Melton and told hiui that a piece of Cl'S eyuipment had just been stolen from 9227 L. Main. The cieputy called that complainant and confu-med that the item in the `loyata van was the stolen engine.ering device. Adtlitional investigatian revealed that the victim; an emplnyec of Spokane's WCE (W1iiPple Consulting Engineers) had placed the equipmerit along a fielcl on Last V1ain, and then gone around the corncr for a few minutES. The item disappeared. Suspect Lvenson liaii a.pparenlly driven by, seen the device and then picketl up the two inales to help him loacl it. Melton returned the GYS item to the `VCL employee and had the three suspects taken dwvmtown. All three were booked on felony charges of First Degree Theft, thE adult males i.nto ttie Sphkane Count), Jail and the teen into tlle Juvenile Dctentirni Center. o f'ursuit Lcads to rlurry of Fclonies . AftEr a 41-ycar-old Spokane man tried unsuccessfiilly to elude of'ficers, he told them it was because he was scared. He had every righl to be. After Gregory P. Kroetch was booked on fclony charges of Attempting To Flude a Palice Vehiclc, Ui-ilawful Possession aE Pcrsonal Identiication and T'hird Taegrce Driving wh.ile C.icense Suspendeci , 1'roper[y Cri.mes '1'ask Foree Sgt. Steve Barbicri charged luiu with 25 additional feloiues. Those charges inclucled 11 eowits of Forgery, 11 counts oi Unlaurful i'ossession of 17ayment 1'nstruments, two counl:s of Second Uegree lclentity Theft and pnc count of Second 17egre:e Theft. Kroetch's problems began when lie spotted a patrol car driven by Officer itich Gere and ' gnt spooked. The suspect took off at bigh speed on Sprague from T'llicrman, evcn tliough '-'Page 2 thc ofticer wasn't originally after him. Gere noted the rdpid acceleration and cliased the suspect into the Home Depot parking ipt at 5617 L. Sprague. Kroetch stoppeci in front of the business ~d rolled down his driver's wi.ndow, but then tnok off again at s~eed much too great For road conditions. Me nearly hit several cars in the parking lot before heading eastbound on Spra€;ue. The chase went on for another tive or six nunutes at speeds up to 60 mph in the snowy and slushy road canditions. '1'he suspec;C ran se<<eral red lights a,nd ' finally ended up at a dead-end portion of East Seventeenth. tIe drovc directly at tlie pursui.ng Gere; but lbe officer successf-ully avoided a collision. Iiowcver, the suspect's Nissan Altima crashed into a lighl pnle and became mi.red in ttic snow bailk. Gere Physically remnveci Kroetch from the car and arrested him ou the eluding aud othcr charges. In a subsequcnt search of the ivissan, lhe officer fotuld five counterfeit driver's licenses with Kroetch's Photograph and other gersocLS' names. The officer baokecl the sutipect iuto jail. Howevee, Kroelch's current legal troubles actually began about Taectmber 10 when he and a female accoiuplicc began ca.shi.ng forged checks in. Spokxtie, Spokane Valley, Newport and Colville ui Washington and in Sanrlpoint, :[Iayden; Ponderay, and Coeur d'Alene in idaho. On January 9, the :Property Crimes Task Force ieleased a security photo of the couple cashing a forged check at the Northwest F3oulevard AlUertson's Gracery. Kroctch and the feiiiale suspect were identified via the photograph's circtilation and the PC'1'F's follpw up investigatican led to tlle additional 25 fe.lony charges against ICroelcli. SCOU`I`ERS AYD MKl:& ' ♦ Thcrc were no scooter or bike cal.lisions in January. ~J . ~ 1'age 3 2007 JANUARY CRIME REPORT ~ Jan-07 I Jan-06 I 2006 Total 1 2005 Total 2004 Totai BURGLARY . ~ 561 421 7141 744 997 FORGERY ~ 321 181 334 1 4641 465 MALICIOUS MISCHIEF 1 1151 931 1,122 1 9041 1,224 NON-CRIMINAL ~ 581 631 811 1 7491 916 PROPERTY OTHER ~ 641 841 982 I 1,1541 1,665 RECOVERED VEHICLES 1 301 261 403 1 3331 390 STOLEN VEHICLES I 491 491 711 1 6031 577 THEFT I 1621 1531 1,888 1 2,2561 2,853 UIOBC ~ 11 01 11 1 81 lU V6HICLE OTHER ~ 0l 0l 31 51 40 VEHICLE PROWLING ~ 771 961 937 1 9581 1,382 TOTAL PROPERTY CRIMES N 6441 6241 7,916 I 8,1781 10,519 ASSAULT ~ 571 681 846 1 894 880 DOA/SUICIDE I 171 171 1671 159 164 OOMESTIC VIOLENCE I 781 381 736 1 7621 755 HOMICIDE ~ oI 0 51 11 5 KIDNAP ~ 11 4 22 1 351 24 MENTAL ~ 251 431 425 1 4251 386 MP 1 51 81 88 1 971 106 PERSONS OTHER 1 1101 1011 1,1591 1,2561 1,624 ROBBERY ~ 1 ~ 61 58 1 561 58 TELEPHONE HARASSMENT I 101 91 831 921 190 , TOTAL MAJOR CRIMES N 3041 2941 3,589 1 3,7771 4,192 , ADULT RAPE 31 41 291 391 37 CHILD ABUSE 91 91 78 1 1011 126 CUSTODIAL INTERFERENCE 1 51 121 1051 881 205 SEX REGISTRATION F ~ 0l 01 3 1 61 4 INDECENT LIBERTIES ~ 11 41 151 91 21 CHILD MOLESTATION ~ 31 61 691 671 77 CHILD RAPE ~ 21 51 62 1 351 30 RUNAWAY I 321 261 3091 3111 437 SEX OTHER ~ 131 171 203 1 1811 162 STALKING ~ 21 0l 17 1 271 35 SUSPICIOUS PERSON ~ 101 171 177 1 2441 341 TOTAL SEX CRlMES ~ 801 1001 1,0671 1,108 1,475 DRUG ~ 681 841 665 1 891 999 ISU OTHER N 0l 0l 0 l 0l 1 TOTAL 1SU ~ 681 841 665 1 8911 1,000 TOTAL TRAFFIC REPORTS 1 3121 2591 3,345 1 2,4031 2,776 TOTAL REPORTS RECEIVED ~ 1,4081 1,3611 16,5821 16,3571 19,962 i r6 . ~ ~ , y 7~~ ~ l t a of -vt ~ . , i , •L tp,~, ~ ~ ~ r ~ - _ _ - tn~ ~i ~ y ~ 3 C` ' ~ - `•t'3 i i ~i/ , ~ n ~ ~r„t C A 4~~' •c., s. ' "-,i ' ~3k'v~ ~ ~ ! , ' , 4h ~ ~ " ~ - ~ ~ ib'_•~~ `"'1~ t ~ .~.si - 46 ~ ~ ,.r.r, ~ - • ~ " ` , ~V/`~a ~ ' ~`r``. ~ f` u) ~ .C~r ~5 ifl ~1~1' • ~ CL- ~ o ~ , " t , . # _ • t _ +v G1~ , 'v ~ r,, : • ~,y~,- ~ zpl L~ ¢ ~ ~ ~ • , ~ ^ n ci y ~ Vo~+itl , IM~~ ~ ~~l-. ~ ~ ~ ~~~~,Q~~~~' ` s~ W ~ 7 ~ ~ 40 j ~ y \ 4.►s ~y ~ ti ..r--- l1 ~ ~ ~ . r / ~ ' j 1 ..^'.a " tff ~ ~LC1~ n 1 ~ ~Me 31 et „ '0 -F. .o ~k.?; ~ ,o ~ •HH ~ 1 ncoduced. 13 Feb:uorY _ MaP ~ " 7 Citr:ne!n' ? c.,,~ ~l _ _ ~ose ' `{s~'`~~'1 " f A ° ~ 5arts ~ rown I sfoy? it - ~ 3 t~ m x NaioYt ~ pt{Fn~a.yti, 1••r ~ I ~ c C ~ a ~ t $ic~- ~ • _ ~-vi~ ~ L~iyrtp _I i Klo ` ~,1 ' ~ ~ rn Eudid ~6- J 03 I g r e ~-1 ~y~- ~ ~ a . - ~ rY `Vl =f_ ~~eruk ~ F~ir ~~Ei•-"~; ~ ~ _ 10 , ~ , . ' , ~ ~ i~T=; U~ K l~~ . . '1,_~_~. I `t__ rt t d - _ -NrnR i L_ , v d M; N ;on :Vt~L~on ~ - ~ ~ . 1 I ' o'.l 4 ~BoOne y • ~ ShD►p a r.,-c ~ r ~ - ~ - --~-~--~-[u, an~--~ r ~ E rJ IL1' ~ • ~ _ _~I ~ _ u ~ Q,~+'~'y d B t~' " ~ i j I J ~ju•,~i A'i~jr_ .7~I rUi, AIM L72nfJ U Fz 1 i I~~-- J~~'" ; - -i- ~ ^ _ `,li 1- - rd - ~ ~ - ~ SG • ~ ~~F+- UQ? j ~y a 'f.~ • -~'a" _.L~Lh ~1~4_-. ~ ~ ~Vi j kI rN~ r I~ • ~ ~ 6~ ~f~ 11 Jr. ~ , a f f~ ,T - _ ~ ~ ~ i ` X7 . 14;h m f~" ~ "•~'I' ~ ~ ~ ~ ~~kl~' - -•r 1 C1 ~r ~ ~:Ol: . ~l: $j~i, ~ f r, ~~~~i' ~ ~ 1 ~~G I`. ' <i+ ' ~ ~ 181h \ ':if ' ' '1 - - ' ~ -j l' ~ ~ • _ `'t-' ;:n:~ ~ 4 i"_+ , , • ~j'~~ ~1 r. _ _ 2 ~ ~ 1 ct ~ ~Q~~ ? JDM Q 25n, k _ I I S~~ ~ o J. 7 , th i ~ 31!! c~ N 1~-1: ge1W 1er 10 r 111 ~ a s 1 ti ii,~, x ' Q F TratHc S i _ v- U) el'2 44th Collk6ion ..Y L4 ~ ` -~'C';~- ~ I ~ Low n~u~ ~,ht? =Medium Low a M m =Medium t IMuha l' A ~High 2007 Janua rv Traffic Collision Hotspots Mop n~u~: ;3 Fohneory 2047 , ~ - , ~ 7 ~~@ltIQR i ~ San °I ~z l~ ^ r►L~~.~ } 2 ~ m • ~ ~ td Pfwirr ` 1 S liio EucAd - ~ - : 1 L= T~ ~ •ti ~ ,g . B i -Ft n~ ~ ~ ° \ ~ _ ~l rt~'~ ~L~, • ^a r J ~ ~ t ~ ~ ~ Ni= i ~ r ~ . ~G I ~QK 111~ ,y ' • ~ S ~ ~ ~dia ?9 d 1i57rOfl ,~~ona - ~ ~r " IT _ '4 S' a'~ ~ - -~t r 1 / ~ ' •,p ~ t~ ~ ,o • ~I V31b .L • , ~ 7 ~ - ~~s ~ 1` , ~ ,~Uu`- Nk _QU-- z , _ i}a~=- b ~ 8th , r ~ . _ t~lv 7f1 ~ ~ , I~I_TssJf~ -j~Sllt jy-~_~ t - I~ `,~1`-,. L ~_ry 1 f i" ~ • I _ li'~;~ y`~~ I j4-H GFf~1 : , I p 3'~L.., _y • S~~h ~ : ,L~M l-~ 1~~ 6pj. ..~y ~ , ~ 121~ ~n„ ~ ~Q~`'~ G cn e !R~~~ ~.Yu~~4_'~ I d ~ , r ._!1]4~ l 31ct ~ W.- ~ ~"j ~ ~a~n 3b ~ _'1I a ,u ~ T _ 7~e~Iw - ~ r 9 ° ~ , coemn~rcial =44u~_. & 9urgiary a aou+ O ;e oc ~ 0/-.: lyzo M Lcmr - =Medium a 9 i. ; ru 031 =High ' .~t,-. ' • t °S 2007 January Commercial Burglary Hotspots MaPFroduced 'jFenr„arf20c7 J i = - _ , " I ' ~ _ ; - - • ~ 7 ~ ~ m - Jo se 73 ~ Smts rown ' L ` CI) ~ , ~ ~ a c~~11 ~ s~ ~ ~ J m 9 I I 7 ~ ~ I_ ~t ~~ra I J IGo I m,~ ~ I ~ - 4, lI _ Eutlid ~ ~ ~ ,rM1 - ` • t " _ ~ ~ Eu Gd r= -~3 ~ ~ , .~r.r+~+►+ ` f N f ~ t BUUpn ~e . `F tiii~k r-Grd--~ M -T n i _ us:~~e-a' /^a ~ I ' - iattie F- x • ~ ~ t~•. ~i r i~; ? ~,r-u J~`, /~`~,~~.p~ I 1 _ - ~ „ i ;u~!•a _ I ~ ~ mt-, ~ ~ - _ n' - ' ~ _ k • ~ _ , g~ ~ _ k ~ ~ ~rr-~ R ~ = ~ ~ ti1 ~ ~ ~ -1 - ' 1'' "'h T•i ' t;.° " I-'~, . C8IL1 M! ~ ~ ShBfP fl 2 E lEn d. ds:- ~ Aik Tr- # `~FLwrNC 1'~' ~ ~ ~ T Gi~:' ' _ 4 - i _ ~ ~ 1 ':1 ~1~~ '~~"~l.~l'~ 3ic J~- . ul~j~-I-•~ _ "r"" ~~1 Lp1 I~ N ~-l--j ►nrC ~ ~ ~n ~ I~ ~ ~ t 3 -4-- - up i - - a ~ ~ t8th ~ ' ~~;^~~~►~-~U,l,,~ ~ ~ ~ 7-., - ~rt i Y_ .7~~ ~ ~ 1 I 1r{.G: 1 . i..' 4; ` 27st Jcnn .u~ 2~ . . ~ 25:h C7A3''=" th 31 s1 N 8At 3 ~ ~ ResMontiai i' 'µth . .°1 ; aurglnry ' " • } ~r^ ~ 7 +:'.I: - IP ~~---t ~ nic Ml Low 9 s ~ MMediurn ~Trv ~r M Mi9h .=T-- p' 2407 January- Residen tial Burglary Hotspots '~ap Prnduoed. 13 Febtuary 200'1 , S6Vane . Valley 11707 E Sprague Ave Suite 106 ♦ Spokane Vallcy WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevaltey.org 1 - . --N . . . . ~ . . . . , , - . Memorandum To: Dave Mercier, City Manager From: Ken Thompson, Finance Director CC: Nina Regor, Deputy City Manager Date: February 12, 2007 Re: January Monthly Report lluring Januar.y, fimance employees worked in rhe Following areas: Annual audit The state auditor's office has asked fqr preliminary information in anticipation of the 2006 year- end audit. Gamblinp- tax on punchboards and null tabs You niay remembcr we suspended the ganbling tax in 1hi.s area until July 1, 2007, to give . establishmene5 an opporhuiity to bting dleir tax paymcnts up to date. Stiff i5 preparing a letter to those,Mth diese gambling dcvices, advising t]Zem of thc start date. 13udaet variance/investmeut reiLiorts 12eports showing a compa.rison of rzvenues and cYpenditures to our 2006 budget, at December 31; 2006 (2-8-07 version) are attachcd. City General Fund revenucs for 2006 ,"6II be greater chan our amended budget. Expendihires for the General fund will bc less than our amended budget. Additional transfers eo the Service Level Stabilization and the Civic l;acilities Funds may be considered. All other Funcls will be Nuithin our budget projections. The process to close city 2006 books «+ill cantinue for another inonth or so, but significant surprises are iunlikcly. 'T'he investment report is also attached for your review. ~ \ . City of Spokane Valley , - General Fund - Budget Variance Report For the Period Ended December 31, 2006 Tentative 2-8-07 Amended updates pending Budget December YTD Unrealiaed Percent 2006 Revenues Revenues Revenue Realized General Fund Revenues: Unrestricted Fund Balance S 2,322,575 S - $ 2,322,575 $ - . Property Tax 8,281,000 781,590 8,043,872 237,128 97.14 Sales Tax 17,522,000 3,080,906 18,631,548 (1,109,506) 106.33 Gamblinp 7ax 910,000 28,083 698,244 211,756 76.73 1 l.easehold Excise 7ax 2,500 2,051 9,370 (6,870) 374.80 3 Franchise FeesfBusiness Licenses 681,750 12,044 636,921 44,829 93.42 1 StateSharEdRevenues 1,121,000 284,863 1,141,723 (20,723) 101.85 Planning & Building Fees 1,685,000 85,638 1,933,343 (248,343) 114.74 2 Fines and Forf2itures 1,250,000 198,910 1,315,202 (65,202) 10522 Recreation Program Fees 385,516 (57,886) 584,039 (198,523) 151.50 Invest.lnt./misc. 231,300 154,381 525,458 (294,158) 227.18 9 . Operating Transfers 40,000 10,000 74,300 (34,300) 185.75 5 34,432,641 $ 4,578,540 $ 35,916,555 $(1,483,914) 104.31 Amended Budget December YTD Unrealized Percent 2006 Exnendilures Expenditures Exnendilures Realized General Fund Expenditures: Legislative Branch $ 304,267 S 14,063 $ 206,313 $ 97,954 67.81% 12 Executive & Legislative Support 470,105 44,880 380,079 90,026 80.85 Public Safety 17,573,541 1,679,438 17,037,774 535,767 96.95 Operations & Administrative Svcs 1,436,170 121,193 1,316,864 119,306 91.69 Public Works 1,005,192 109,347 900,682 104,510 89.60 Planning & Communify Dev. 2,286,700 264,144 1,992,035 294,665 87.11 Library Senrices 153,000 - 70,887 82,113 46.33 10 f'arks & Recreation 1,854,666 135,195 1,661,525 193,141 89.59 General Government 9,349,000 2,413,848 8,673.869 675,131 92.78 $ 34,432,641 $ 4,782,108 $ 32,240,028 $ 2,192,613 93.63% 2J12r2007 9:37 Ar,a City of Spokane Valley ~ Other Funds Budget Variance Report For the Period Ended Qecember 31, 2006 7entaiTte at 02-08-07 Amerided updates pending @udg?t December YTC7 Unreafized Parcont 2006 Revenues C g Revenue Reafized Othcr FunAs Revenues: StreetFund S 4,235,858 $ 693,310 S 4.198,183 $ 37,673 90.11g'o Arterial Street Fund 568,655 3,985 45,135 523,520 7.94 11 Trils and Paths 23,053 55 6,705 18,348 29.09 6 NatellMotel Fund 400,667 38,065 403,728 (3,061) 100.78 Qe4>t Serviw - LTGO 03 600,040 - 589,535 10,465 98.28 Capital Projects Fund 1,210,040 84,382 1.285,364 (75,364) 106.23 Special Gapdtal Projecis Fund 1,070,713 85,185 1,279,140 (203,427) 119.47 &treet Capital Proyects 8,385,843 409,288 $58,755 7,827,088 6.66 5 Mirabeau Poin! ProjcU 783,205 5,671 19,525 7E3,880 2,49 5 Street Band Capilal Proleds 1,202,460 959 41,571 1,160,889 3,48 4 CD Block Grant Fund 2,000 - 1,475 625 73.75 Copital Granis Fund 8.211.000 371,964 3,395,791 4,815,209 41.3G 5 8arkerBridgeReconshutQion 690,400 63,189 278,290 614,110 31.03 5 Stcmmva•.erPAgmiFund 1,710,53A 145,112 1,608,399 102,135 94.03 Equin. Rental & Replaoement 683,257 3,481 36,070 857,587 5.20 8 Rbk Managemant 189,939 80 562,522 27,417 85,57 Rzserves: Centerolaoo opClaUng 300,600 1,445 15,006 284,994 5,00 8 Servooe Leve1 Stabitizatlon 1,004,w0 20,781 2,284,396 (1,284,318) 228.43 7 4Vinterweather 500,000 2,397 24,&8. 475,116 4.98 8 ParkscapiEal 1,300,000 193,558 701,330 508,670 60.87 5 _ Civoc buildings 1,100,000 1.861,888 2,638,277 _(1 538 277 238.84 7 ' S 3~'.,377,582 $ 3,785,775 5 19,662,001 $ 14,715,581 57.19% Amended Eudget December Y7D Unrealized Peroent 20pg f_xX.ndilvres ExnendiEufEZS i,rpgrudihi2a, Real'rzed OtherFunds Ezpenditurcs: Street Fund $ 4,235,E56 $ 367,017 $ 3,535,969 $ 699,887 83.48% Arterial Street Fund 563,655 • ' 20,599 548,058 3.82 5 Trails and Paths 23,053 - - 23,053 • 6 HotellA4otel Fund .00,667 33,680 288,869 111.798 77 10 Dpbt SeaYiCC Li'GO 03 GOD,OOQ • 589,535 10,465 98.26 CapiEal Projects- Fund 1,210,000 • 91,645 1.118,355 7.57 5 Spcaal Capltal ProJeUs Fund 1,070,713 • 99,645 979,068 8.66 S Street Capital ProjeUS 8,335,843 41,280 1,167,660 7,278,183 13.21 5 Pdirabeau Point ProjeCt 783,205 4,875 89,689 083,510 12.73 5 5Uee! Bond Capital Proyects 1,202,460 438,126 1,059,025 143,435 68.67 5 CU Block Gran# Fund 2,000 - 1,475 525 73.75 Capital Grants Fund 8,211,000 230,981 3,604,103 4,606,887 43.89 5 Barker Bridge ReoonSinlCUOn 840,400 87,190 380,283 510,137 4171 5 Stomrviater h9gmt Fund 1,710,534 239,544 1,260,962 449,552 73.72 Equip. Rental8, f2eplacemnt 693,257 12,200 - 633,257 - 8 RiSk Management 189,939 - 1({9,034 20,905 88.69 iteserves: - Centerplace operating 300,000 - - 340,000 - - Servi:e levelstabUizadon 1,000,000 • - 1,090.000 1Minterweather 500,000 - • 500,000 - Aarkscapital 1,300,900 - - 1,350,060 - 5 Civ[+GuibdirtgS 1,100,000 - 503,337 596,663 45.76 13 $ 34,377,582 S 1,432,893 $ 92,803,854 S 21,573,732 37.24°h ~ 2157A007 9:37 /U! ' City of Spokane Valley Investment Report For the Month December 2006 Total LGIP; F&M MM Investments Beginning $ 28,200,222.17 $ 1,565,971.50 $ 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 Str2et 881,502.57 Paths & Trails 16,252.99 HoteUMotel 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 Bflnd Proj. 180,157.30 CD Black Grant Fd. - Parks 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 S 31,812,288.33 *Local Govemment Investment Pool - FOOTNOTES 1 Received quarterly 2 New construction projects are exceeding our estimates. 3 Projected revenue was too low 4 No additional bond proceeds expected 5 Capital projects often take a number of years to plan, engineer, acquire right of way and construct. 6 No projects in 2006 7 Additional contributions to reserves 8 Fully funded 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 Street Operating Fund 12 Salary increase budgeted in 06 but not implemented 13 Purchase of police precinct ~ 2/1212007 9:37 AM ' 3015ne PUBLIC WORKS DEPARTMENT .;0OValley MONTHLY REPORT ~ January 2007 AGREEMENTS FOR SERVICES ADOPTED AND IN OPERATION: • Street Maintenance - County Street Maintenance Interlocal In the process of bidding various maintenance activities per the interlocal agreements. • Engineering Services Support - Agreements with private engineering firms. • Street Maintenance (Pines 8 Trent) - WSDOT Interlocal • Solid Waste - Regional Solid Waste Interlocal • Safety Plan - Contract with CH2M Hill. Plan in final-draft review. WASTEWATER: . • County is in the process of updating their Environmental Impact Statement (EIS) for their Wastewater Facilities Plan and beginning their RRP process for a new treatment plant. 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 and the third public workshop. \ • Street Master Plan Consultant continued their worlc on finalizin9 both Phase 1 and Phase 2. • Sullivan Road PCC Continued coordination with WSDOT. Project scheduled for construction in July, 2007. • Pines/Mansfield The Counry 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 procsss. The projec# is scheduled to advertise for bids in the spring of 2007 with construction scheduled to begin in 2007. • Appleway Avenue Reconstruction - Tschirley to Hodges David Evans 8 Assoc. is wor{cing on the final design. David Evans & Assoc. continued their work on appraisals and access agreements. This project will advertise in the spring of 2007 with construction scheduled to begin in 2007. • Barker Road Bridge Project Permitting, property acquisition and final design has continued. CH2M HILL is preparing the Environmental Classifiication Summary (ECS), SEPA and cultural resources study and other supporting studies. This project will advertise late in 2007 with construction scheduled to begin in 2008. CONSTRUCTION r~ - • CenterPlace J Working on final project closeout. • Argonne Road Overfay Project Paving is complete. Permanent striping will be completed in tfie Spring. • Barker Road Project Project complete. Punchfist items remain. • Veradale Heights Sanitary Sewer Project Approximately 15% of the project will be carried over to the 2007 construction season. r • Vera Terrace Sanitary Sewer Project Mainline sewer construction is complete. Paving is complete. A required sewer connection at the intersection of 4th and Evergreen will be oonstructed in eady spring. Staff continues to woric with County Utilities on pavement cut/replacement requirements for this work. • Spaldings Sanitary Sewer Project The projects design is 90% complete with a bid date scheduled in March. • Grandview Acres Sanitary Sewer Project The projects design is 64% complete with a bid date scheduled in March. • Trentwood Sanitary Sewer Project The projects design is 50% complete with a bid date scheduled in April. TRAFFIC: • Flashing Yellow Arrow was implemented at BroaciwaylEvergreen. • Initiated process to change out incandescent signal bulbs with energy efficient LEDs. Will be partially funded by Avista rebates. • Began worfcing with WSDOT on the coordination of signal controller replacements and timing changes for Sullivan Bridge closure in July. • 3- Construction and utility work relatetl traffic control plans were reviewed and approved. • 33 - New citizen requests/complaints were received via phone and email. These typically involve ; traffic signals, stop sign requests, speeding complaints, bus stop concems, streetlight outages, -requests for new streetfights, traffic count requests, and parking issues. STORMWATER: • Prepared a request for proposal for street sweeping services. Proposals were requested by ' February 6, 2007. • Requested bids for stormwater improvements for the Beverly Hills neighborhood_ Design was completed by Adams & Clark. ' • Mapped drainage problem areas: Chester Creek floodplain, Ridgemont area, truck town, Ponderosa neighborhood and miscellaneous areas throughout the City. • Worlcing with Spokane County and City of Spokane amending the regional stormwater manual. A final draft was sent to the Department of Ecology for review. • Completed stoRnwater tax rolls for 2006. STREET MAINTENANCE ACTIVITY: City 2007 budget is $3,523,202 ($2,656,191 in the Street Fund and $867,011 in the Stormwater Fund). Through the end of January private contracts have billed $2,675.42 and we have not received the County invoice as of yet, for a total Street Maintenance cost of $2,675.42. The County has billed private contracts have billed $29_83 and we have not received the County invoice as of yet, for a total Stormwater Maintenance cost of $29.83. The overall total is $2,705.25 or 1.3% of the budgeted funds. 1 LAND DEVELOPMENT January Activity: NEW APPLICATiONS COMMERCIAL APPLICATIONS o YMCA Greenhouse 1,440 sf o Central Pre-Mix Gravel Lot 74,200 sf gravel lot COMMERCIAL PRE-APPLICATIONS o Tracy Jewelers 6,050 sf retail store o Oxford Suites Addition 18,037 sf additions o Retail Center Albertson's 3,300 sf bank and retail shops o Sessions Residential Care Home 16,800 sf o Brown Office Bldg Change of Usg o Michelangelo Marble Facility 19,780 sf o Cherry Lane Estates 154 unit apartments o University Kingdom Hall 720 sf addition o JOVIOffice Office o A to Z Rentals Tent Storage & Wash Facility o RV Northwest 72,479 sf storage area FINAL PLAT APPLICATIONS o SHP-35-05 2 lot short plat o Grace Estates SHP-17-06 4 lot short plat BSP APPUCATIONS LAND USE PRE-APPLICATIONS o PRE-12-07 4 lot short plat o PRE-06-07 4 lot short plat o PRE-08-07 48 lot subdivision o PRE-01-07 rezone UR3.5 to UR22 o PRE-10-07 rezone UR3.5 to UR22 & UR62 o PRE-04-07 rezone UR22 to UR62 COMBO (REZONE/SUBDfVISION) APPLICATIONS SHORT PLAT APPLICATIONS REZONE APPLICATIONS STREET VACATIONS APPUCATIONS ~ ~ . S l7T 1' ~o'~kane ~Valley Capltal Improvem@nt Projects 2008 8 2007 PROJECTS Proposed Eslimated Dusign Constructlon 2006 (2007) Total ProJect Funding Road ConsVuctlon ProJocis Project Locatlon Bid Date Completton Dato Complete Comploto Fundfnp Cost STP(U) Argonne Road Overlay Indiana Avenue to Nlontgomery Avenue Mar-08 11/1106 100% 90°i6 S 316,640 $ 316,000 Road Dasipn Profoct9 TIBICMAQ PinesfAlansfield Project WiIbur Rd. to Pines Rd., Pines to 190 Apr-07 12115107 6046 0% $ 1,032,015 $ 4,500,825 S7P(U) ilppleway Avenue ReconstniGion Ts&irley ftd. to Malges Rd. Apr-07 11I15/07 70% 096 $ 609,001) $ 5,810.290 BR 8arker fZoad Bridge Replacement Barker Rd. at Spokarie R(ver Dec-07 1211109 6096 096 $ 896,101 $ 9,092,700 Sewer Projects Gty Veradale Heiphts - f'aveback Valleyway to Mission. Evergreen to Adaitis Mar-06 611107 100% 8096 $ 430,256 $ 430.256 Ciry Vera Terrace - Paveback 2nd l0 7th, EvergrQen to Burns 67ay-05 511/07 10096 9596 $ 341,264 $ 341,264 Ciry Spald(nqs - F'aveback Indiana West of Montgomery PAar-07 9l1tt17 9096 096 $ - $ - City Graiidview Aeres - Pavebadc P.7ar-07 1111l07 60% 096 $ - S - City 7tentwnad - Pavebadc Apr-07 11/1107 50% 096 S - 5 - Planninp Prolocts STP(U) Valley Cnrtidnr Env7ronmental Srirdy University to Appleway n/a Jun-OT 096 0°d, $ - $ - S7P(U) Valley Couplei - Project 2 University to Evergreen 096 0g6 Total $ 3,625,236 $ 19,491,941 STP(U) - Surface Transqarlatian Proyram (Urban); TIB - Transpoctstion Improvemenl Buard; Bt2AC - Bridge Replacement Advisnry Cuurirr}itlee; CDBG - Communfty Developmenl Block Grant Program CMAQ - Congesicon ManagemenUAir Qualily prugiain; S'fA - Spokane Transit Authority Jan 21,, utruction Nrojeds - . _ . i CITY OF SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT JANUARY 2007 MONTHLY REPORT LONG RANGE PLANNING: I Planning Commission The Spokane Valley Planning Commission met twice during the month of January and held public hearings on proposed Ttle 21 - Environmental Cantrols and on the proposed update of the Shoreline Master Program. Ad hoc Sign Committee The Ad hoc sign Commities concluded their review of the sign regulations and will discuss their findings and praposals with the Planning Commission an February 8, 2007. Long Range Planning The fourth Community Meeting for the Sprague/Appleway Revitalization Plan was held on January 16, 2007, with approximately 90 persons in attendance. The meeting focused on street design altematives to support proposed land uses. • e . . Revitciliz~tion Pla n CURRENT PLANNfNG: 2007 Licenses 8 Pernnits Issued eo - - aa - - - - 20 G ~ 1an Feb I Mlor I Apr Mey !un Jul I Aug I Sep I Ocf Nuv De; 200 l i 37 I I ~ r; 24p5 I 44 25 I 38 ' 31 32 ' 23 32 35 24 I 21 ~ 19 ; u dl 26 td 34 21 15 C. 2 2 :5 ?4 ]H Paga 1 of 7 City of Spokane Valley Departrnent of Community Developmen; January 2007 Monthly Report Monthly revenue for the Planning Division totaled $24,642 in January. 2007 Ptanning Revenues I $50,000 540,040 - $30.000 • - - - . - - - - - - - - - - S20.000 ~ y _ S10.001) S Jan F~~u Mal Ap;i May June 'uly i<<.g Sept ~ I rp F2evenue 2047 Revenue 2086 The Hearing Examiner held six hearings during January 20C, 2007 New Land Use Actions aa I - - =~~-c; - - I 30 - - - - _ - • _ - - _ - 20 ~ .San reb ~ h4ar APr N4y Jun I Jul 11up i Sep Ocl I Nov o2oa7 ~16 1 cav 2005 20 I 18 ~ 30 1 21 27 15 25 20 I17 19 9 = 24D5 15 ~ 22 ~ 20 I 24 16 33 28 ~ 17 ' 17 28 /8 Revenues generated hy the Plann+ng D"+vision are compared with the 2007 Budqet appropn,- 7 ~ r?even_es ,l S. i;t),X~o 11G,r)) gr,n,nrJO f8d,400 $100.000 5120,p00 1140.000 5160,ChD S150,ODO 52M,000 ❑ F ctunl v I ll Nevenue O Mnuel BuCqat Esbrile City of Spokane VaUey Department of Community Development January 2007 Monthiy Report BUILDING DlVISION: The Building Division issued 213 permits fi January 2007, compared with 225 for the same period last year. 2001 CONSTRUCTION PERM(TS eca h`{, I • l%1 . . -C J ~'I` - :.:,I - ~ 4 P • ~ ~n ~ FY j Iir I ~~r ~ ~ yA ~ r1q ~ 6p Gti Mw lti toy 1 143 1 302 :41 1 :11 . 7CC5 nrn~ : W : 7 e~ . U~ S1 . :77 'f~ . 12 17Y ' a.7 Ml !f~ 2007 New StructureslUnfts Permitted 3i~ 25 ~A s5 ~ ~V S - - I L ~ lan Feb Mar Apt I 1by June ~ luly Aup ~ Sepl Od I Nov Cec 0 New 1 6: Dwecunq Uni1s 26 ~ I •muttl-ftmllyUnlls 1 ' I DNewCammetdnlSWduies 1 , The Pennit Center collected a totai of $89,654 in Pennit and Plan Review Fees in January 2007 compared with $60.423 for the same period in 20M. 2007 BYIICInQ RCrenues l~': Ir t. - L^Jii.l!♦ - I tncvi - - ~ - - _ - - oIR77F inn a:p f r v- - 'ar w /r MY •M r~ M Y~ ~ 4M 'JP w hThe reported value of consVuction, including new structures and addfions/afteration is shown in the following chart, camparing these valu`s with 2006. New value for January 2007 totafs S$$,057,182. Paye 3 of 7 City of Spokane Valley Department of Community Development I January 2007 Monthly Report 2007 Valuation ot Constructlon fra.DDC+ r : I3.4.00~ i]0.000. E25,~0.?.., . . _ ~-m+~c. _ ( . • - i~20G1Vs1wtlnn' 7 2006 VllW50fi 115, DOO, D'Ji] - f~0,000,000 - 2003Valuatlon1 I so. ~ aa ~ ~ ~ ~ < < ~ I i.n =eo ►rt.r Ap 1M~r ,►+ie Juh Aup 8.pt acl wv D.e I ~ ~ - - , lcensc a Prrml Fre_ a Annual KcVenue Prolecbon ~ t Actual YtD Ncvanue o :ao,oaa 400,00 609,13()D AOt7,.7fi0 1,iIG0,5J 1,100,.» 1,40:,,oo J.f;00,110 I n n ~ n , SUURCE Spokano Valley Ftnenoe DepsRment In January 2007, building inspectors perfomied 867 inspections in 20 days This averages 43.35 inspections per day. The Plans Examiners reviewed 70 projects in January 2007. At the end of January, ihere were 6 projects awaiting review. 2007 Bullding Inspectbn■ r5o0 _ - - - - ^xo _ _ ~ ~ ~--~-t--~ ~ ►-1 s00 NM I w. ~-►w ".r ~ JWA ~ M i •N ~ avi I aa I r.. ~ Da c3r.aen.~.cm~. na ~ ~'I tM ' tox rIit ~ ~fli n7s r f~w ~~a ai rnse.iKen n+ ~ai ~ea rn ~ Me us ~ w , ui ~ low +ow t+- I ru Thene were 168 nght-of-way inspections were performed during the month of January 2007. The Community Development Department is pleased to welcome Mary Kate Martin as the new Building Official. Mary Kate has twenty years experience, most recently in the City of Federal Way, Washington. Page 4 oI 7 , City of Spokane Valley Department of Community Development January 2007 Monthfy Report CODE COMPUANCE: The number of "Violations Reported" on the following chart reflects adual Spokane Valley Zoning Code violations, pius complaints received which were not violations_ The complaints received are added to the total because they refled time officers spent in the field conducting investigations. In addition, the "Investigated" and 'Pending" columns accvrately reflect Code Compliance's cuRent ability to process and investigate backlog cases. The following cha►t provides a monthly comparisan of /he types of Spakane Valley Code violations reported. Violations are reported based on the primary complaint received, rather than the number of additional violetions identified on any individual premises. The investigation of a complaint oi junk vehiGes, ior example, might also result in fdentification of additional violations such as the accumulation of trash or harboring of livestock. These are not included in the summary. A total of 30 complaints were processed in January. ,~o - - - - - - - 14T1 - - - - - - 12 1 , _ - - - - - - - ! 7:i" - -i- - ~ r.! - - - - - <i. ..d❑ j-~ i2t-CU hl3iiy',:L17 hk7} JJ _4 ii.l~ l:i [.,i(1 C5 l..:t-Cti li:o ❑ECIi'I .:dit ■WolaBnns Reponed I 53 45 ~ 134 1 143 I 63 I 88 I 74 07 51 59 I 50 ~ 31 I 30 I s ADawmonh 27 I 34 108 82 198 ~ 118 I 42 i 59 I 48 45 I 33 30 ~ 14 ` p File Trambrs 0 ~ Q 0 0 0 j 0 ~ 0 0 0 0 I 0 2 I 0 0 Pendlnp Rlea ! 62 ! 43 ! 18 61 j 54 i se ~ SA 53 47 1 41 I 41 3+3 45 I oVolaSons Reporied 0 PboMmants pFile Tnnsien ■ Pendinp Fle, The Spokane Valley Poiice Department, in conjunction with SCOPE, has requested the assistance of Code Compliance in identifying junk vehicles abandoned within the right-of-way. SCOPE vofuriteers tag the vehicles. Vehicles which have not been moved by the following Friday are towed. Actirrity Is consolidated into the following six categoties: Envirunmental (sewerlseptic, cntical ar+eas, animal and nuisance violations); Praperty (RigM of Way, property use, dangerous bui{ding, landlord/tenant, illsgal business and signags violations); Junk Auto; Solid Waste (solid waste, illegal dumping, and household waste violations); Clearview Triangle and Complaint - No Violation. Page 5 of 7 I C City of Spokane Valiey Departrnent of Community Development ~ January 2007 Monthly Report 2007 Code Violations by Category - - 100% 60% - 60% 1 ' ~ 4096 . 2 a ;e,, ~ o111% ~ .:.3n-07 FoU-1)7 hAar-07 ,Apr•07 hAay-01 Jun 07 JuI-01 IAug-07 Sep 07l Uct•07 1VCw-Oi GomVlaint - t+o VbLapcn i 11 I I I I I I ~ ■ Soid VYaste I 7 I I I I I ~ I ~ ` 0 3unk Aub ~ 5 I I I I I I ~ ~ o Geu V Iew Triangle 1 I I I ~ I I I i sRocern I6 I I I I I ~ ❑ LY,vtonm5ntat 0 ' . CUSTOMFR SERVlCE Planning The Hearing Examiner held 3 land use heanngs during Januar, Building: Permits The following table summarizes the performance of the Permit _ ~ ~crr <i:; in the PLUS system, measured from the Eime that the appiication is deemed "counter-complete" to the time that a pemiit is issued. ~I Jan-Ot II N~ e Valua a r~ $ o m ~ x 4 s a ~ i m NEW CONSTRUCTION Apl 3 Stnry ar Lzsa ~ 1 1 137,269 00~ 172 1 172 172 Industrial Buddine 2 ~ 3,711,812_00 82 1 32 132 REMODEL IndusVial Buikting rl 15,000.00 14 1 14 1 tA Mertan{il4 32,500.00 20 1 18 1 24 016cerFrofesslanal ~ 204.000.00 ~ 19 1 13 1 33 j 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 January result from inadequate or incomp!ete submittals, failure of the applicant to pick up the permit, etc.._ Page 6 oi 7 J City of Spokane Valley Departrnent of Community Development January 2007 Monthiy Report The Permit Center has been tracking turnaround for Right of Way Permit Applications and the faxed Mechanical and Plumbing PeRnit Applications. At present the City responds to applications within 24 hours, typically by noon on the following day. PeRnits for those application types are generally issued within two days. 8uilding: Inspections Inspections are conducted the day fallowing the inspectian request except for weekends and holidays. Code Compliance All preliminary investigatians are conduded within 24 hours except those received on Friday which are investigated befone the end of the next business day. Permit Center There were no surveys returneii during the mo►rth of January. 49 Pago 7 of 7