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2004, 02-17 Study Session
I ucsday. Februar 17, 2004 DISCUSSION LEADER 1 Kevin Snyder (10 minutes) 2. Cary Driskell (20 minutes) 3. Cary Driskell (5 minutes) 4. Mike Jackson (10 minutes) 5. Mike Jackson (10 minutes) 6. Ken Thompson (5 minutes) 7. Ken Thompson (10 minutes) 8. Neil Kersten (5 minutes) 9. Scott Kuhta (15 minutes) 10. Marina Sukup (20 minutes) 11. Councilmember Dencnny (10 minutes) 13. Dave Mercier (5 minutes) Mull) Swim Agenda 02 -17.04 AGENDA CITY OF SPOKANE VALLEY CITY COUNCIL WORKSHEET STUDY SESSION CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor Please Turn Off All Electronic Devices During the Meeting SUBJECT/ACTIVITY Walgrccn's Public Access Easement Proposed Franchise Ordinance One - EIGHTY Proposed Amended Junk Vehicle Ordinance Opportunity Township Hall Resolution Language Discussion Senior Center Bus Refreshment Policy Draft Fiscal Policy/Investment Review Barker Bridge Project Proposed Amended Sign Code Ordinance, Institutional Uses Signage Issues STA Board Status Report 12. Mayor DeVleming (5 minutes) Advance Agenda Additions Council Check -in 14. Dave Mercier (10 minutes) City Manager Comments 611- 6:00 p.m. GOAL Motion Consideration: Easement Resolution 2 Reading February 24 Agenda February 24 Agenda Discussion/Information February 24 Agenda Discussion/Information Discussionfln formation February 24 Agenda DiscussiopInformation Diwussion/In formation DiscussionJ1n format ion Discussion!Inforrrtation Discussion/Information Nose: At Council Study Sessions, there will be no public comments, except Council reserves the right to request information from the public and staff as appropriate. NOTICE_ lndtt,iduals planning to attend the meeting who require special assistance to accommodate physical. hearing, or other mrraiment . please cantsei the City Clerk at (509) 921 as soon as possible so that arrnngcmcnts may be mthc Pape 1of1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 17, 2004 City Manager Sign -off. Item: Check all that apply: ® consent ❑ old business Q new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Walgreens Public Access Easement GOVERNING LEGISLATION: RCW 35A.11.010 (Rights, Powers and Privileges) PREVIOUS COUNCIL ACTION TAKEN: City Council reviewed the public access easement during the Council's February 10, 2004 regular meeting. The Council directed staff to bring the resolution back for consideration at the Council's February 17, 2004 meeting. BACKGROUND: Walgreens Company is proposing to construct a 14,418 square feet store at 12306 East Sprague Avenue located at the southeast comer of the intersection of Sprague Avenue and Pines Road — the site was previously occupied by the vacant Chevron gasoline service station that was recently demolished. An existing fifteen (15) foot wide public alley is located along the southern property line of the proposed Walgreens development site. This existing public alley currently provides access to the proposed Walgreens development site as well as other properties south and east of this site. Walgreens Company is proposing to use the public alley to provide access to the proposed on -site drive - through and on -site parking. As part of the land use and engineering review for the proposed project, the developer supported a staff recommendation to provide a five (5) foot wide public access easement along the property's southern property line to increase vehicle maneuvering area while using the public alley. The attached public access easement document from Walgreens Company addresses the provision of the proposed easement. OPTIONS: 1) Approve Resolution No. 04 -002 as submitted. 2) Deny Resolution No. 04 -002 as submitted. 3) Table consideration of Resolution No. 04 -002 and direct staff to conduct additional' research or make additional amendments and bring the resolution back for future Council consideration at a future regularly scheduled meeting. RECOMMENDED ACTION OR MOTION: Move to adopt Resolution No. 04 -002. BUDGET /FINANCIAL IMPACTS: No budget or financial impacts are anticipated with the City Council's potential acceptance of the public access easement, STAFF CONTACT: Kevin Snyder, AICP, Current Planning Manager ATTACHMENT: Attachment A: Resolution No. 04 -002 Attachment B: RCW 35A.11.010 ATTACHMENT A CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTiON NO. 04-002 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ACCEPTING A PUBLIC ACCESS EASEMENT FROM WALGREENS COMPANY. WI- IEREAS, Walgreens Company, an Illinois corporation, is the owner of certain real property (hereafter referred to as Walgreens Property) in the City of Spokane Valley, Washington further described as Parcel Nos. 45222.0408, 45222.0409, 45222.0410 and 45222.0411; and, WHEREAS, the City of Spokane Valley, a Washington municipal corporation, is the owner of a fifteen (15) foot wide public alley right -of -way (hereafter referred to as Public Alley) abutting the Walgreens Property to the immediate south; and, WHEREAS, a building permit application to construct a 14,418 square foot Walgreens store on the Walgreens Property has been submitted to the City of Spokane Valley Building Division; and, WHEREAS, Walgreens has requested City authorization to use the Public Alley for customer site access to the Walgreens Property; and, WHEREAS, during the course of the City's review of the building permit application, City staff have recommended the establishment of a five (5) foot wide public access easement along the southern property line of the Walgreens Property abutting the Public Alley to provide increased vehicular maneuvering area; and, WHEREAS, Walgreens Company has accepted and supports the City staff recommendation for the establishment of the public access easement as evidenced in the attached Public Access Easement document; and. WHEREAS, RCW 35A.11.010 (Rights, Powers and Privileges) specifies that the City of Spokane Valley may purchase, lease, receive, or otherwise acquire real and personal property of every kind and use, enjoy, hold, lease, control, convey or otherwise dispose of it for the common benefit; NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Acceptance of Public Access Easement. The City Council of the City of Spokane Valley accepts the Public Access Easement from Walgreens Company attached as Exhibit "A" pursuant to the provisions of the Easement specified therein. Section 2. Authorization for City Manager to Sign Easement. The City Council of the City of Spokane Valley authorizes the City Manager to sign the Public Access Easement agreement as evidence of the City's acceptance of the Public Access Easement. Resolution 04 -002: Walgreens Public Access Easement Page 1 of 2 ATTEST: Section 3. Effective Date. This Resolution shall be in full force and effect upon adoption. Adopted this 17 day of February, 2004. Christine Bainbridge, City Clerk Approved as to Form: Cary P. Driskell, Deputy City Attorney CITY OF SPOKANE VALLEY Michael DeVlerning, Mayor Resolution 04 -002: Walgreens Public Access Basement Page 2 of 2 EXHIBIT "A" DOCUMENT TITLE(S) (or transactions contained therein): PUBLIC ACCESS EASEMENT REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED: NIA • Additional reference #s on page ofdocument(s) GRANTOR(S) (Last name first, then first name and initials) Walgreens, Co, an Illinois corporation • Additional names on page of document _. GRANTEE(S) (Last name first, then first name and initials) THE CITY OF SPOKANE VALLEY, a Washington municipal corporation • Additional names on page of document LEGAL DESCRIPTION (abbreviated: i.e., lot, block, plat or section, township. range) Attached hereto as Exhibit "A" • Additional legal is on page of document ASSESSOR'S PROPERTY TAX PARCEL /ACCOUNT NUMBER Spokane County No. 45222.0408, 45222.0409, 45222.0410 i • Assessor Tax # not yet assigned RETURN ADDRESS: Walgreens, Co 200 Wilmot Road Deerfield, IL 60015 Attn: Law Department Michael Redstone WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) t C:1DOcUMENTS AND SETDNGS'LSCOTT E. GRAINGER\MY DOQIMENTSWIORD \SPOKANEPMESEASEME T.DOC PUBLIC ACCESS EASEMENT THIS PUBLIC ACCESS EASEMENT (the "Easement ") is made as of this day of 200 by WALGR.EEN CO., an Illinois corporation ( "Walgreens ") for the benefit: of THE CITY OF SPOKANE VALLEY, a Washington municipal corporation ( "City "). Recitals A. Walgreens is the owner of certain real property located in the City of Spokane Valley, Washington more particularly described on Exhibit A attached hereto (the "Walgreens Property "). 13. The City is the owner of a public right-of-way (alley), more particularly identified on Exhibit B, which abuts the Walgreens Property immediately to the south. C. The City of Spokane Valley Community Development Department - Current Planning Division issued a written Determination of Non- Significance "DNS" dated July 21, 2003 for the development of certain real property. Agents of Walgreens have applied for a building permit (File Number: BLD- 03- 03173) from the City of Spokane Valley Community Development Department - Building Division to develop the Walgreens Property as indicated on the site plan attached as Exhibit C (the "Permit "). The site plan as submitted under SEPA 12306 E. Sprague Avenue and File Number BLD -03 -03173 has been approved by the City of Spokane Valley. D. In connection with the City's review of the building permit application, the City has requested that Walgreens grant a five (5) foot access easement over that portion of the Walgreens Property abutting the alley, as such area is more particularly described on attached Exhibit D (the "Easement Area "), and as shown on Exhibit E to improve vehicular circulation on the alley. E. Walgreens is willing to grant such easement on the terms set forth herein. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Walgreens agrees as follows: 1. Grant of Easement. Walgreens hereby grants and conveys to the City a non- exclusive easement across the Easement Area to provide public access for vehicles between Pines Road and Houk Road. 2 C:1DOCVMENTS AND SEnrwGS1SCOrT E. GRAINGER1MY DOCUMENTS \WORp1SPOKANEPNESEASEMENT2.DOC 2. Improvements to Easement Area Maintenance. In conjunction with its development of the Walgreens Property, Walgreens shall improve the Easement Area to the same level of required improvements to the abutting public alley identified by the City of Spokane Valley Public Works Department - Engineering Division during the required engineering review process. Walgreens shall be responsible, at its sole cost and expense, for maintaining the Easement improvements to ensure consistency with the original level of improvement. 3. Exercise of Rights to Easement Area. The City agrees that public use of the Easement Area shall be limited to the purposes described herein and the City shall take such action as is necessary to ensure the Easement Area is not used for any other purpose. The City shall not at any time use the Easement Area for any purpose that interferes with business operations on or access to the Walgreens Property. Notwithstanding anything contained herein to the contrary, the easement rights granted herein shall not be available for public use until such time as construction of the improvements on the Walgreens Property are substantially complete and open for business. 4. Use of Easement Area by Walgreens. Walgreens hereby reserves the right to use the Easement Area for any purpose deemed reasonably necessary by Walgreens in connection with its ownership, development or operation of the Walgreens Property provided such use does not substantially interfere with the easement rights granted herein. 5. Intrusions into Easement Area. Physical intrusions into the Easement Area by Walgreens shall occur only after the City's review and issuance of written approval authorizing such intrusion. The City acknowledges that it has authorized a three -foot wide intrusion into the Easement Area for the screening associated with an outdoor recycler /compactor. 6. Termination. The enactment of the easement is contingent upon completion of the development of the property inclusive of store opening and use. Failure to complete the development shall automatically terminate the easement and the rights granted herein. The City shall also release said easement in the following instances: (a) the building improvements constructed pursuant to such Permit are destroyed; or (b) the City otherwise agrees by writ instrument recorded in the records of Spokane County, Washington to release its rights in the Easement. 7. City Council Acceptance. The City of Spokane Valley City Council shall, prior to the recording of the easement, accept said easement by resolution at a regularly scheduled meeting. 8. Runnine with the Land. This Easement shall nun with the land as evidenced by recording with the Spokane County Auditor's office and shall be binding upon the owners of the Walgreens Property and the City and their heirs, successors and assigns until such easement is terminated pursuant to Section 5. 3 C:tDOCUMEENTS AND SE'rtINGSLSCOTT E. GRAINGERNY DOCUMENTS SAVOR DUPOKANEPIN EES \ 9. Attorney Fees. The prevailing party in any action brought to enforce or interpret the terms of this Easement shall be entitled to recover its costs and reasonable attorney fees incurTed in said action, including on appeal, whether or not suit is cotnmenced. 1 0. Breach. In the event of any breach or threatened breach of this Easement by the owner of either the Easement Area or the alley, the non - defaulting owner shall have the right to sue for damages and /or for specific performance and /or to enjoin such breach or threatened breach. / By: GRANTOR: WALGREE?\ CGT an Illinois corporation Its: GRANTEE: (), re U, P. THE CITY OF SPOKANE VALLE- Y a Washington municipal corporation By: Its: 4 C:4DOCUMENTS AND SETTINGS\SCOTT F:, GRAINGER\MY DOCYJMENTS WORAISPOKANEAINESEASEMEN'T2.DOC PARCEL A: Exhibit A (Legal Description of Walgreens Property) THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER. OF SECTION 22, TOWNSHIP 25 NORTH, RANGE 44 EAST, W,M., AND THAT PORTION OF LOT :t OF STEWART'S SUBDIVISION OF BLOCK 164 OF OPPORTUNITY, ACCORDING TO PLAT RECORDED IN VOLUME "R" OF PLATS, PA.GE 41, IN SPOKANE COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE .EA.ST LINE OF SECONDARY STATE HIGHWAY NO, 3 -H ON THE WEST SIDE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, WITH THE SOUTH LINE OF PRIMARY STATE HIGHWAY NO. 2, AS THE SAME EXISTED ON JANUARY 27, 1977 AS REFERRED TO IN AUDITOR'S DOCUMENT NO, 7701270130; THENCE SOUTH ALONG THE EAST LINE OF SECONDARY STATE HIGHWAY NO. 3-H,. 90 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID PRIMARY STATE HIGHWAY NO. 2 TO A POINT ON THE EAST LINE OF SAID LOT 1; THENCE NORTH ALONG THE EAST LINE OF SAID LOT 1 TO THE NORTHEAST CORNER OF SAID LOT; .THENCE WEST ALONG THE NORTII LINE OF SAID LOT, AND ALONG THE SOUTH LINE OF PRIMARY STATE HIGHWAY NO. 2 TO THE POINT OF' BEGINNING; EXCEPTING THEREFROM ALL THAT PART OF THE HERETOFORE DESCRIBED TRACT LYING WEST OF A LINE DESCRIBED AS BEGINNING AT A POINT ON THE SOUTH LINE OF SAID TRACT AND 38 FEET EAST OF THE SR 27 LINE • SURVEY OF SR 27, TENTH AVENUE TO SPRAGUE AVENUE; THENCE NORTH PARALLEL WITH SAID SR 27 LINE SURVEY TO A POINT 12 FEET SOUTH OF THE NORTH LINE OF SAID TRACT; THENCE NORTHEASTERLY TO A POINT ON THE NORTH LINE OF SAID TRACT THAT IS 48 FEET EAST OF SAID SR 27 LINE SURVEY AND THE END OF THIS LINE DESCRIPTION. PARCEL B: THE SOUTH 40 FEET OF LOT 1 OF STEWART'S SUBDIVISION OF BLOCK 164 OF OPPORTUNITY, ACCORDING TO PLAT RECORDED IN VOLUME "R" OF PLATS, PAGE 41, IN SPOKANE COUNTY, WASHINGTON; 5 CIDOCUMErrrS AND SETTTNGS\SCOrr E. GP,AJNGERIh4Y DOCUMENT WORDLSPOKA NERINeSEASEN vr?.DOC AND THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 25 NORTH, RANGE 44 EAST, W.M., AND THAT PART OF LOT 1 OF STEWART'S SUBDIVISION OF BLOCK 164 OF OPPORTUNITY, ACCORDING TO PLAT RECORDED IN VOLUME "R" OF PLATS, PAGE 41, IN SPOKANE COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING ATA POINT ON 'THE EAST LINE OF SECONDARY STATE HIGHWAY NO. 3-H ON THE WEST SIDE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 22, WHICH POINT IS go FEET SOUTH OF THE INTERSECTION OF THE EAST LINE OF SAID HIGHWAY WWTTFI THE SOUTH LINE OF PRTNLARY STATE HIGHWAY NO. 2; THENCE EAST PARALLEL WITH THE SOUTFI LINE OF SAID PRIMARY STATE HIGHWAY NO. 2 TO A POINT IN THE EAST LINE OF SAID LOT 1; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 1 TO THE POINT OF INTERSECTION OF SAID EAST LINE WITH A LINE DRAWN PARALLEL WITI-I AND 40 FEET NORTH OF THE SOUTH LINE OF SAID LOT 1; THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF SAID LOT 1 TO A POINT ON THE EAST LINE OF SAID SECONDARY STATE HIGHWWA.Y NO. 3 -Il; THENCE NORTH ALONG THE EAST LINE OF SAID HIGHWAY, 6o FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION ACQUIRED BY THE STATE OF WASHINGTON FOR PINES ROAD BY DECREE OF APPROPRIATION ENTERED OCTOBER 30, 1 984, UNDER SPOKANE COUNTY SUPERIOR COURT CASE NO. 842013359. PARCEL C: LOT 2, EXCEPT THE EAST 10 FEET THEREOF, STEWART'S SUBDIVISION OF BLOCK 164 OF OPPORTUNITY, ACCORDING TO PLAT RECORDED IN VOLUME "R" OF PLATS, PAGE 41, IN SPOKANE COUNTY, WASHINGTON. 6 C :IDOCUMEN7S AND SE tiNCS \SCOTT E. GRAINGERIMY DOCUmEMS1WORDISPOY .ANEPINES_ASEMENF2.DOC r 8 I_ 4" 50.00' 1 ! N89'55'54 "W I IQ. L. 4. 1 1 REI Exhibit B (Engineer's Map of Public Alley) FOUND 5/8" RZBAR LS 87544 (0.09' NJ (100.3' SR1) 100.30' 1 al 0 V) 0— S!H 226.29' (226.3' SR1) 15 C:1D000MENTS AND SETTtNGS>,SCOT[ E. GRAINGER\MY DOCVME1-r S4011D1SPO fvWEPMESEASE.HEHT2.DOC 2 (109' SR1) 100.00' Ili ni EtUl11N • l Zi ( � i� ; / /�� 14 . I �+ ` F� / ir 5'z" bD• i 147 15 I _ .� 1 si r 1 T. 0: iii ., I ii - v ",e ..4 /lr,:'% L PL 239.9 ).j '(E) CHAN;LIZATION -� - - 1 - (E) TRAFFIC �- LIGHT 1 WALGRE NS ERB -- - - PYLONSI N - - - - STORMWATER RETENTION BASIN 11 .,, Y 9 q 7 2. 0 0 0 1 3a' \ 23,150 VPD / 35 MPH US BUFFER, lYP. o ° x L- PL 234 to T)er) I ALLEY SPRAGUE AVENUE 5' ACCESS EASEMENT DEDICATED TO THE CITY ENCROACHMENT APPROV$ (COMPACTOR ENCLOSUR D 13Y CITY) • Walgreens #01993 Spokane Valley, WA LEASE EXHIBIT tt A tt 4 SCALE: 1" = 60' -0 " . JANUARY 20TH 2004 i STORMWATI Zn RETENTION t A. .,., i ■ ■, C � SITE PLAN The South 5,00 feet of Lots 1 and 2, STEWART'S SUBDIVISION OF BLOCK 164 OF OPPORTUNITY, per plat thereof recorded in Volume "R" of Plats, Page 41, City of Spokane Valley, Spokane County, Washington; EXCEPT the East 10.00 feet thereof; Exhibit D (Legal Description of Easement Area) LEGAL DESCRIPTION Proposed Non - Exclusive 5' Easement January 23, 2004 AND EXCEPT that portion acquired by the State of Washington for Pines Road by Decree of Appropriation entered October 30, 1984, under Spokane County Superior Court Case No. 942013359. C:\DOCUMENTS AND SETTrNGSkSCOTT E. GRAINOEMMY DGCUMEN T5I WORDtiSPG]UNEP'INESEASEMENT2.DOC I 1 *1 ' t i t t 1 I 1 1 I I I 1 I ! I ! 1 I I I I 1 I 1 I 1 1 I 1 1 I I 1 I 1 I I 1 I 1 I I I I 1 1 I Exhibit E (Specific Area Site Plan for Easement) I0 C:l1)0a:NIEN'TS AD SETTINGV,SCOTT E. GRAINGERNY Docum ENTS\ wORMSPOKANEPINESEASEMENT2.DOC ATTACHMENT B Chapter 35A.11.010 RCW - The \Washington State Legislature y t r !' �,�VIIa:S'H�1 �I�G�T. Ni �TME LI i SLAT Legislature Home About Us E -Mail Lists [1967 ex.s. c 119 § 35A.11.010.] Search Help RCW TITLES » TITLE 35A » CHAPTER 35A.11 » SECTION 35A.11.010 Print Version Beginning of chapter « 35A.11.010 » 35A.11.020 RCW 35A.11.010 Rights, powers and privileges. Each city governed under this optional municipal code, whether charter or noncharter, shall be entitled "City of " (naming it), and by such name shall have perpetual succession; may sue and be sued in all courts and proceedings; use a corporate seal approved by its legislative body; and, by and through its legislative such municipality may contract and be contracted with; may :purchase, lease, receive, or otherwise acquire real and personal property of every kind, and use, enjoy, hold, lease, control, convey or otherwise dispose of it for the common benefit. Page 1 of 1 httu: / /www.leg.wa.gov/ RCW / ndex.cfm ?fuseaction= section §ion= 35A.11.010 2/12/2004 Meeting Date: February 17, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent X old business ❑ new business ❑ public hearing information admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed franchise for OneEIGHTY Networks, Inc. GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: The Council has had several touches on this matter, including a first reading October 28, 2003, and most recently on a study session 2- 10 -04. BACKGROUND: OneEIGHTY Networks expects to provide "last mile" fiber to houses and businesses that do not currently have fiber access. They have requested a franchise so that they may install facilities and provide fiber- related services to consumers. This franchise, if adopted, would essentially be identical to those granted to EMAN Networks and Columbia Fiber, businesses providing equivalent services in our community. Federal law requires that similarly situated businesses must not be treated differently in the granting of such franchises. OPTIONS: Not granting the franchise. ATTACHMENTS: Proposed Franchise CITY OF SPOKANE VALLEY Request for Council Action RECOMMENDED ACTION OR MOTION: Move to adopt Franchise Ordinance No. 04 -006, granting OneEIGHTY Networks the proposed franchise. BUDGET /FINANCIAL IMPACTS: None in the foreseeable future. STAFF CONTACT: Cary P. Driskell Proposed OncEIGHTY franchise — C. Driskell Draft 2 -17 -04 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 04 -006 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON - EXCLUSIVE FRANCHISE TO OncEIG NETWORKS, INC., TO CONSTRUCT, MAINTAIN AND OPERATE CERTAIN FACILITIES WITHIN THE PUBLIC RIGHT -OF -WAY AND PUBLIC PROPERTIES OF THE CITY OF SPOKANE VALLEY. WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate non - exclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owned and operated facilities for public service; and WHEREAS, the grant of such non - exclusive franchises requires the approving vote of at least a majority of the entire City Council and publication at least once in a newspaper of general circulation in the City; and WHEREAS, the Council finds that the grant of the franchise contained in this Ordinance, subject to its terns and conditions, is in the best interests of the public. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, does ordain as follows: Section 1. Definitions. For the purpose of this Ordinance, the following words and terms shall have the meaning set forth below: 1. "City Manager" shall mean the City Manager or his/her designee. 2. "construction" or "construct" shall mean constructing, digging, excavating, laying, testing, operating, extending, upgrading, renewing, removing, replacing, and repairing a facility. 3. "day" means a twenty -four (24) hour period beginning at 12:01 a.m. if a thing or act is to be done in less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of time. 4. "distribution system, system and lines" used either in the singular or plural shall mean and include the poles, conductor, pipe, mains, laterals, conduits, feeders, regulators, meters, attires, connections, and all attachments, appurtenances equipment and appliances necessary and incidental thereto or in any way appertaining to the distribution of the service or product and which are located within a right -of -way. 5. "facility" used either in the singular or plural shall mean any tangible component of the transmission and distribution system within the right of way or on public property, including supporting structures, located in the operation of' Ordinance 04 -006 for 2 -17 -04 Pagc 1 of 15 Proposed OneEIGHTY franchise — C. Driskell Draft 2 -17 -04 activities authorized by this Franchise. The abandonment by Grantee of any facilities as defined herein shall not act to remove the same from this definition. 6. "hazardous substances" shall mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, a hazardous, toxic or radioactive substance, or other similar term, by any federal, state or local environmental statute, regulation, or ordinance or decision of a state or federal court or administrative agency or body, presently in effect or that may be promulgated in the future, and as such statutes, regulations and ordinances may be amended from time to time. 7. "maintenance, maintaining or maintain" shall mean the work involved in the replacement and/or repair of Facilities; including constructing, relaying, repairing, replacing, examining, testing, inspecting, removing, digging and excavating, and restoring operations incidental thereto. 8. "Permittee" shall mean a person or entity who has been granted a permit by the Permitting Authority. 9. "Permitting Authority" shall mean the City Manager or designee authorized to process and grant permits required to perform work in the rights of way (ie. Obstruction Permits). 10. "product" shall refer to the item, thing or use provided by the Grantee. 11. "public property" shall mean any real estate or any facility owned by the City. 12. "right -of -way" shall refer to the surface of and the space along, above, and below any street, road, highway, freeway, lane, sidewalk, alley, court, boulevard, parkway, drive, Grantee easement, and /or road right—of- way now or hereafter held or administered by the City. 13. "streets" or "highways" shall mean the surface of, and the space above and below, any public street, road, alley or highway, within the City used or intended to be used by the general public, to the extent the City has the right to allow the Grantee to use them. Section 2. Grant of .Franchise. The City of Spokane Valley, a Washington municipal corporation (hereinafter the "City"), hereby grants unto OneEIGHTY Networks, Inc., a Washington for profit corporation (hereinafter "Grantee "), a franchise for a period of ten (10) years, beginning on the effective date of this Ordinance, to install, construct, operate, maintain, replace and use all necessary equipment and facilities to place facilities in, under, on, across, over, through, along or below the public rights - of-way and public places located in the City of Spokane Valley, as approved under City permits issued pursuant to this franchise (hereinafter the "Franchise "). Section 3. Fee. No right -of -way use fee is imposed for the term of this Franchise. Any such right -of -way use or franchise fee that may be imposed by subsequent ordinance would apply to any subsequent franchise, if any, between the parties. Ordinance 04 - 006 for 2 -17 -04 Page 2 of 15 Proposed OneEIGHTY franchise — C. Driskell Draft 2 -17-04 Section 4. City Use. The following provisions shall apply regarding City use. 1. Grantee agrees to grant to the City, at no cost. to City, an indefeasible right of use of four (4) dark fiber strands at every location passed by Grantee's facilities within the boundaries of the City, for sole and exclusive municipal use or designation, with access to any building or facility designated by the City. Said dark fiber shall be reserved for use by the City for governmental purposes, PROVIDED, that as to the fiber resources granted to the City under the. terms of this provision, the City agrees that it will not use such fiber as a public utility provider of telecommunications business service to the public. The City reserves the right to connect its four dark fiber strands to other fiber network providers, with the goal of achieving maximum connectivity for City purpose. 2. The City shall have the right to access by connection to the four dark fiber strands at any location served by this Franchise within the City limits. The City shall provide at least 30 days written notice of intent to access Grantee's service. 3. The City shall pay all costs associated with constructing any City connection to Grantee's Franchise service. The City shall pay Grantee a recurring monthly charge of $20.00 per fiber pair per mile in use by the City unless otherwise specifically agreed by both the parties in writing. Said monthly recurring charge shall not be imposed until such time as the fiber is put into use by City. A fiber pair refers to two strands of cable. 4. Consistent with Washington Ch. 83, laws of 2000, section 7, at such time when Grantee is constructing, relocating, or placing ducts or conduits in public rights of way, the City Manager may require Grantee to provide the City with additional duct or conduit and related structures necessary to access the conduit at mutually convenient locations. Any ducts or conduits provided by Grantee under this Section shall only be used for City municipal purposes. A. The City shall not require that the additional duct or conduit space be connected to the access structures and vaults of the Grantee. B. This section shall not affect the provision of an institutional network by a cable television provider under federal law. C. Grantee shall notify the City Manager at least 14 days prior to opening a trench at any location to allow the City to exercise its options as provided herein. Section 5. Recovery of Costs. Grantee shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise or under ordinances of the City. Where the City incurs costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise or any ordinances relating to the subject for which a permit fee is not established, Grantee shall pay such costs and expenses directly to the City. In addition to the above, Grantee shall promptly reimburse the City for any and all costs it reasonably incurs in response to any emergency involving Grantee's facilities. Section 6. Non - Exclusivity. This Franchise is granted upon the express condition that it shall not in any manner prevent the City from granting other or further franchises in, under, on, across, over, through, along or below any rights-of-way, streets, avenues and any other public lands and properties of every type and description. This and other franchises shall, in no way, prevent or prohibit the City from using any of its right -of -ways, roads, streets or other public properties or affect its jurisdiction Ordinance 04 -006 for 2 -17 -04 Pagc. 3 of 15 Proposed OneEIGHTY franchise — C. Driskell Draft 2 -17 -04 over them or any part of them. The City hereby retains .full power to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacation of same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new rights -of- way, streets, avenues, thoroughfares and other public properties of every type and description. Section 7. Non- Interference with Existing Facilities. The City shall have prior and superior right to the use of its roads, streets, and alleys, and public properties for installation and maintenance of its facilities and other governmental purposes, and should in the sole discretion of the City a conflict arise with the Grantee's facilities, the Grantee shall, at its own expense and cost, conform to the City's facilities and other government purposes of the City. The owners of all utilities, public or private, installed in or on such public properties prior to the installation of the lines and facilities of the Grantee, shall have preference as to the positioning and location of such utilities so installed with respect to the Grantee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such public properties. Grantee's system shall be constructed and maintained in such manner as not to interfere with any public use, or with any other pipes, wires, conduits or other facilities that may have been laid in the rights of way by or under the City's authority. Section S. Rieht to Roads Not Superseded. The City, in the granting of this Franchise, does / not waive any rights which it now holds or may hereafter acquire, and this Franchise shall not be construed so as to deprive the City of any powers, rights, or privileges which it now has, or may hereafter acquire, including the right of eminent domain, to regulate the use and control of its roads covered by this Franchise, or to go upon any and all City roads and highways for any purpose including constructing, repairing, or improving the same in any such manner as the City, or its representatives may elect. The City shall retain full authoritative power in the same and like manner as though this Franchise had never been granted. Nothing in this Franchise shall be construed to prevent the City from constructing facilities, grading, paving, repairing and /or altering any street, or laying down, repairing orremoving facilities or constructing or establishing any other public work or improvement. All such work shall be done, insofar as practicable, so as to not obstruct, injure or prevent the unrestricted use and operation of the facilities of the Grantee under this Franchise. If, however, any of the Grantee's facilities interfere with City projects, Grantee's facilities shall be removed or replaced. Any and all such removal or replacement shall be at the sole expense of the Grantee. Should Grantee fail to remove, adjust or relocate its facilities by the date established by the City Engineer's written notice to Grantee, the City may cause and /or effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee. Section 9. Commencement of Construction. Construction of the facilities contemplated by this Franchise may commence within thirty (30) days of the effective date of this Ordinance, provided that such time limit shall not apply to delays caused by acts of God, strike or other occurrences over which Grantee has no control. Failure to begin construction of facilities within one (1) year of this franchise shall automatically result in termination of this franchise. Section 10. Construction Standards. All facilities shall be installed in conformity with the plans and specifications filed with the City, except in instances in which deviation may be allowed in writing by the City Engineer pursuant to application by the Grantee. All plans and specifications shall specify the class and type of material and equipment to be used, manner of excavation, construction and installation, backfill, erection of temporary structures, erection of permanent structures, and the traffic control mitigation measures as provided by the Manual on Uniform Traffic Control Devices, or similar Ordinance 04 -006 for 2 -17 -04 Page 4 of 15 Proposed OneE!GHTY franchise — C. Oriskell Draft 2 -17 -04 standards as may be applicable from time to time. The plans must meet all Federal, State, County and City Codes and the Utility Accommodation Plan Standards. Notwithstanding any provision herein to the contrary, any excavations and installations by the Grantee in any of the public properties within the corporate limits of the City shall be done in accordance with such reasonable rules, regulations, and resolutions of general application now enacted or to be enacted by City Council, relating to excavations in public properties of the City, and authorized by the City Engineer. Said rules, regulations, authorizations, and resolutions shall be for the purposes of fulfilling the City's public trustee role in administering the primary use and purpose of public properties, and not for relieving the Grantee of any duty, obligation, or responsibility for the competent design, construction, maintenance, and operation of its facilities. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by contractors, assigns or agencies. Section 11. Special Construction Standards. During any period of work relating to Grantee's facilities, all surface structures and equipment, if any, shall be erected and used in such places and positions within or adjacent to public rights -of -way and other public properties so as to interfere as little as possible with the free passage of vehicular and pedestrian traffic and the free use of adjoining property. Grantee shall, at all times, post and maintain proper barricades and comply with all applicable safety regulations during such period of construction as required by the ordinances of the City, conditions of pernlits, and laws and regulations of the State of Washington, specifically including RCW 39.04.180 for the construction of trench safety systems. If Grantee shall at any time be required, or plan, to excavate trenches in any area covered by this Ordinance, the Grantee shall afford the City an opportunity to permit other franchisees and utilities to share such excavated trenches, provided that: (1) such joint use shall not unreasonably delay the work of the Grantee; and (2) such joint use shall not adversely affect Grantee's facilities or safety thereof. When deemed appropriate by the City, joint users may be required to contribute to the costs of excavation and filling. Section 12. Restoration After Construction. Grantee shall, after abandonment approved under Section 29 herein, or any other installation, construction, relocation, maintenance, or repair of facilities within the area of this Franchise, restore the surface of the right -of -way or public property to at least the currently adopted City standards or as required by the City Engineer through a right -of -way permit, depending upon special circumstances. Grantee agrees to promptly complete all restoration work and to promptly repair any damage caused by such work within the area of this Franchise or other affected area at its sole cost and expense. Section 13. Damage and Non- Compliance. Any and all damage, or injury, done or caused to City right -of -way, City facilities, or any portion thereof in the construction, operation, maintenance or repair of Grantee's facilities shall be immediately repaired and reconstructed to the satisfaction of the City Engineer. In the event the Grantee shall fail, neglect, or refuse to immediately repair and reconstruct said damage or injury to said City right -of -way or facilities, the same may be done by the City and the cost and expense shall be immediately paid by the Grantee to the City. If it is discovered by the City that Grantee has damaged, injured, or failed to restore the right -of- way in accordance with this Franchise, the City shall provide the Grantee with written notice including a description of actions the City believes necessary to restore the right -of -way. If the right -of -way is not restored within ten (1 0) days' from written notice, the City, or its authorized agent, may restore the right - of -way and facilities. The Grantee is responsible for all costs and expenses incurred by the City to repair and restore the right -of -way and facilities in accordance with this Franchise. The rights granted to the City under this section shall be in addition to those otherwise provided by this Franchise. Ordinance 04 - 006 for 2 -17 -04 Pagc 5 of 15 Proposed OneEiGHTY franchise — C. Driskell Draft 2 -17 -04 Section 14. Protection of Monuments. Before any work is performed under this Franchise which may affect any existing monuments or markers of any nature relating to subdivisions, plats, roads, and all other surveys, the Grantee shall reference all such monuments and markers. The reference points shall he so located that they will not be disturbed during the Grantee's operations under this Franchise. The method of referencing these monuments or other points to be referenced shall be approved by the City Engineer. All concrete encased recorded monuments which have been disturbed or displaced by such work shall be restored pursuant to State and Federal standards and specifications. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as the conditions permit, and as directed by the City Engineer. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of approved monuments and other marker ties which have been re- established or disturbed shall be borne by the Grantee. Section 15. Drainage. If the work done under this Franchise interferes in any way with the drainage of a City right -of -way, the Grantee shall wholly and at its own expense make such provisions necessary to eliminate the interference to the drainage to the satisfaction of the City Engineer. Section 16. Obstruction Permits Required. Whenever Grantee shall occupy or excavate in any public right -of -way or other public property for the purpose of installation, construction, repair, maintenance or relocation of its facilities, it shall apply to the City for a permit to do so, together with detailed plans and specifications showing the position, depth, and location of all such facilities in relation to existing rights -of -way, roads, streets, or other public property, hereinafter collectively referred to as the "Plans." All work within any public rights -of -way or on other public property shall be pursuant to a valid permit. The facilities shall be installed or constructed in exact conformity with said Plans except in instances in which deviation may be allowed by the City, in writing, in response to written application by Grantee. The Plans shall specify the class and type of material and equipment to be used, manner of excavation, construction, installation, backfill, erection of temporary structures and facilities, erection of permanent structures and facilities, traffic control, traffic turnouts and road obstructions, and all other necessary information including a schedule for the work. During the progress of the work, Grantee shall not unnecessarily obstruct the passage or proper use of the rights -of -way. Grantee shall file as -built plans and maps with the City showing the final location of the facilities. All restoration of rights -of -way, roads, streets, storm drainage and the surface of other public property shall be in conformance with City standards, and conditions of the permit. Section 17. Maintenance. Grantee shall provide and put in use all facilities necessary to control and carry Grantee's products so as to prevent injury to the City's property or property belonging to any person within the City. Grantee, solely at its own expense, shall repair, renew, change, and improve said facilities from time to time as may be necessary to maintain the same in good condition. Grantee shall not construct its facilities in a manner that requires any customer to install cables, ducts, conduits, or other facilities, in, under, or over the City's rights- of -way. Section 18. Emergency Response. The Grantee shall, within six months of the execution of this Franchise by the Grantee, prepare and file with the City and adhere to an Emergency Management Plan (the "Plan ") for responding to any spill, break, or other emergency condition. The Plan shall designate responsible officials and emergency 24 -hour on -call personnel and the procedures to be followed when responding to an emergency. When developing such Plan, the Grantee shall work with the City Engineer and the City's Police Department to determine when and how the same should be contacted during emergencies. After being notified of an emergency, Grantee shall cooperate with the City and make every effort to immediately respond with action to minimize damage and to protect the health and safety of the public. Ordinance 04 -006 for 2 -17 -04 Page 6 of 15 Proposed OneETGI -ITY franchise — C. Driskell Draft 2-17-04 In the event the Grantee refuses to promptly take the directed action, or fails to fully comply with such direction, or if emergency conditions exist which require immediate action to prevent: imminent injury or damages to persons or property, the City may take such actions as it believes are necessary to protect persons or property and the Grantee shall be responsible to reimburse the City for its costs and any expenses. Section 19. Emergency Work. In the event of any emergency in which any of Grantee's facilities break, arc damaged, or if Grantee's facilities or construction areas are otherwise in such a condition as to immediately endanger any property, life, health, or safety, Grantee shall immediately inform the City of the location and condition and shall immediately take all necessary actions to repair its facilities, and to cure or remedy any dangerous conditions. Such emergency work may be commenced without first applying for and obtaining a permit as required by this Franchise. However, this provision shall not relieve Grantee from the requirement of obtaining any permits necessary for this purpose, and Grantee shall apply for all such permits not later than the next succeeding day during which the City is open for business. Section 20. One -Call System. Pursuant to RCW 19.122, Grantee is responsible for becoming familiar with, and understanding, the provisions of Washington's One -Call statutes. Grantee shall comply with the terms and conditions set forth in the One -Call statutes. Section 21. 'Inspections and Fees. All work performed by Grantee shall be subject to inspection by and approval of the City. The Grantee shall reimburse the City for all expenses incurred by the City in the examination, inspection, and approval of Grantee's work. Such reimbursement shall be in addition to any other fees or charges levied by the City. Section 22. Safety. The Grantee, in accordance with applicable federal, state, and local safety rules and regulations, shall, at all times, employ ordinary care in the installation, abandonment, relocation, construction, maintenance, and/or repair, utilizing methods and devices commonly accepted in their industry of operation to prevent failures and accidents that are likely to cause damage, injury, or nuisance to persons or property. All of Grantee's facilities in the right-of-way shall be constructed and maintained in a safe and operational condition. Grantee shall follow all safety codes and other applicable regulations in the installation, operation, and maintenance of the facilities. Section 23. Building Moving. Whenever any person shall have obtained permission from the City to use any right —of -way for the purpose of moving any building or other oversized structure, Grantee, upon fourteen (14) days' written notice from the City, shall raise or remove, at the expense of the Permittee desiring to move the building or structure, any of' Grantee's facilities that may obstruct the movement thereof; provided, that the path for moving such building or structure is the path of least interference to Grantee's facilities, as determined by the City. Upon good cause shown by Grantee, the City may require more than 14 days' notice to Grantee to move its facilities. Section 24. Acquiring New Facilities. Upon Grantee's acquisition of any new facilities in the rights-of-way, or upon any addition or annexation to the City of any area in which Grantee retains any such facilities in the rights -of -way, the Grantee shall submit to the City a written statement describing all facilities involved, whether authorized by Franchise or any other form of prior right, and specifying the location of all such facilities. Such facilities shall immediately be subject to the terms of this Franchise. Section 25. Dangerous Conditions - Authority of City to Abate. Whenever excavation, installation, construction, repair, maintenance, or relocation of facilities authorized by this Franchise has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining right -of -way, road, street or other public place, or endangers the public, adjoining public or Ordinance 04 -006 for 2 -17 -04 Page 7 of 15 Proposed OncEIGHTY franchise — C. Driskell Draft 2 -17 -04 private property or street utilities, the City may direct Grantee, at Grantee's sole expense, to take all necessary actions to protect the public and property. The City may require that such action be completed within a prescribed time. In the event that Grantee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the public, adjacent public or private property, or street utilities, or to maintain the lateral support thereof, and all other actions deemed by the City to be necessary safety precautions; and Grantee shall be liable to the City for all costs and expenses thereof. Section 26. Hazardous Substances. Grantee shall comply with all applicable state and federal laws, statutes, regulations and orders concerning hazardous substances relating to Grantee's facilities in the right —of -way. Grantee shall maintain and inspect its facilities located in the right -of -way. Upon reasonable notice to Grantee and in the presence of an authorized representative of Grantee, the City may inspect Grantee's facilities in the right -of -way to determine if any release of hazardous substances has occurred, or may occur, from or related to Grantee's facilities. This inspection is not to remove the burden of inspection from the Grantee on a periodic basis of its facilities for hazardous substances, nor is to remove the responsibility of the hazardous substance from the Grantee. in removing or modifying Grantee's facilities as provided in this Franchise, Grantee shall also remove all residue of hazardous substances in compliance with applicable environmental clean -up standards related thereto. Grantee agrees to forever indemnify the City against any claims, costs, and expenses, of any kind, whether direct or indirect, incurred by the City arising out of the release or threat of release of hazardous substances caused by Grantee's ownership or operation of its facilities within the City's right -of -way. Section 27. Environmental. Grantee shall comply with all environmental protection laws, rules, recommendations, and regulations of the United States and the State of Washington, and their various subdivisions and agencies as they presently exist or may hereafter be enacted, promulgated, or amended, and shall indemnify and hold the City harmless from any and all damages arising, or which may arise, or be caused by, or result from the failure of Grantee fully to comply with any such laws, rules, recommendations, or regulations, whether or not Grantee's acts or activities were intentional or unintentional. Grantee shall further indemnify the City against all losses, costs, and expenses (including legal expenses) which the City may incur as a result of the requirement of any government or governmental subdivision or agency to clean and/or remove any pollution caused or permitted by Grantee, whether said requirement is during the term of the Franchise or subsequent to its termination. Section 28. Relocation of Facilities. Grantee agrees and covenants, at its sole cost and expense, to protect, support, temporarily disconnect, relocate or remove from any street any of its facilities when so required by the City by reason of traffic conditions or public safety, dedications of new rights - of-way and the establishment and improvement thereof, freeway construction, change or establishment of street grade, or the construction of any public improvement or structure, provided that Grantee shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the same street upon approval by the City, any section of their facilities required to be temporarily disconnected or removed. If the City determines that the project necessitates the relocation of Grantee's then- existing facilities, the City shall: a) At least sixty (60) days prior to the commencement of such improvement project, provide Grantee with written notice requiring such relocation; and Ordinance 04 -006 for 2 -17 -04 Page 8 of 15 Proposed OneE1GHTY franchise — C. Driskell Draft 2 -17 -04 ." b) Provide Grantee with copies of pertinent portions of the plans and specifications ` for such improvement project and a proposed location for Grantee's facilities so that Grantee may relocate its facilities in other City rights-of-way in order to accommodate such improvement project. \_ C / c) After receipt of such notice and such plans and specification, Grantee shall complete relocation of its facilities at no charge or expense to the City so as to accommodate the improvement project at least ten (1 0) days prior to commencement of the project. Grantee may, after receipt of written notice requesting a relocation of its facilities, submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and advise Grantee in writing if one or more of the alternatives is suitable to ac.com.modate the work which would otherwise necessitate relocation of the facilities. if so requested by the City, Grantee shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Grantee full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative Grantee shall relocate its facilities as otherwise provided in this Section. The provisions of this Section shall in no manner preclude or restrict Grantee from making any arrangements it. may deem appropriate when responding to a request for relocation of its facilities by any person or entity other than the City, where the facilities to be constructed by said person or entity are not or will not become City owned, operated or maintained facilities, provided that such arrangements do not unduly delay a City construction project. Section 29. Abandonment of Grantee's Facilities. No facility constructed or owned by Grantee may be abandoned without the express written consent of the City. Any plan for abandonment or removal of Grantee's facilities must be first approved by the City, and all necessary permits must be obtained prior to such work. Section 30. Records. As a condition of this Franchise, and at its sole expense, Grantee agrees to provide the City with available as -built plans, potential improvement plans, field locates, maps, plats, specifications, profiles, and records of its facilities within City rights —of -way upon request. Such documents shall be provided upon request by Grantor within five business days of Grantor's request. These records shall be in a digital electronic format acceptable to the City, unless the City Engineer deems it to be a hardship to the Grantee, in which case a hard copy in a format acceptable to the City Engineer shall be provided. To the extent such requests are limited to specific facilities at a given location within the Franchise area in connection with the construction of any City project, Grantee shall provide to the City, upon the City's reasonable request, copies of available drawings in use by Grantee showing the location of such facilities. Grantee shall field locate its facilities in order to facilitate design and planning of City improvement projects. Upon written request of the City, Grantee shall provide the City with the most recent update available of any plan of potential improvements to its facilities within the Franchise area; provided, however, any such plan so submitted shall be for informational purposes only, and shall not obligate Grantee to undertake any specific improvements within the Franchise area. The parties agree to periodically share Geographic information System (GIS) files at the Grantor's disposal. Any files provided to Grantee shall be restricted to information required for Grantee's Ordinance 04 -006 for 2 -17 -04 I'age 9 of 15 Proposed OncE1GHTY franchise — C. Driskell Draft 2 -17 -04 engineering needs for installation, repair or replacement of facilities that are the subject of this franchise. Grantee is prohibited from selling any GIS information obtained from City to any third parties. Public Disclosure Act: Grantee acknowledges that information submitted to the City may be subject to inspection and copying under the Washington Public Disclosure Act codified in chapter 42.17 RCW. Grantee shall mark as "CONFIDENTIAL" each page or portion thereof of any documentation/information which it submits to the City and which it believes is exempt from public inspection or copying. The City agrees to provide the Grantee with a copy of any public disclosure request to inspect or copy documentation /information which the Grantee has provided to the City and marked as "CONFIDENTIAL" prior to allowing any inspection and/or copying as well as provide the Grantee with a time frame, consistent with RCW 42.17.320, to provide the City with its written basis for non- disclosure of the requested documentation /information. In the event the City disagrees with the Grantee's basis for non - disclosure, the City agrees to withhold release of the requested documentation/information in dispute until the Grantee can file a legal action under R.CW 42.17.330. Section 31. Limitation on Future Work. In the event that the City constructs a new street or reconstructs an existing street, the Grantee shall not be permitted to excavate such street for a period of five (5) years absent emergency circumstances, unless otherwise agreed by the City. Section 32. Reservation of Rights by City. The City reserves the right to refuse any request for a permit to extend franchise facilities. Any such refusal shall be supported by a written statement from the City Manager or his designee that extending the franchise facilities, as proposed, would interfere with a public use, either current or future. Section 33. Remedies to Enforce Compliance. In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force Grantee and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Section 34. City Ordinances and Regulations. Nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this Franchise, including any reasonable ordinances made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the location, elevation, and manner of construction and maintenance of any facilities by Grantee, and Grantee shall promptly conform with all such regulations, unless compliance would cause Grantee to violate other requirements of law. Section 35. Vacation. If, at any time, the City shall vacate any City road, right -of -way or other City property which is subject to rights granted by this Franchise and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right -of -way or other City property for the use of the City, in either its proprietary or governmental capacity, then the City may, at its option and by giving thirty (30) clays written notice to the grantee, terminate this Franchise with reference to such City road, right-of-way or other City property so vacated, and the City shall not be liable for any damages or loss to the grantee by reason of such termination. Section 36. Indemnification. Grantee hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person, including claims by Grantee's own employees to which Grantee might otherwise be immune under Title 51 RCW, arising from injury or death of any person or damage to property of which the negligent acts or omissions of Grantee, its agents, servants, officers or employees in performing services under this Franchise are the proximate cause. Ordinance 04 -006 for 2 -17 -04 Page 10 of 15 Grantee further releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers and employees from any and all claims, costs, judgments, awards or liability to any person, including claims by Grantee's own employees to which Grantee might otherwise have immunity under Title 51 R.CW, arising against the City solely by virtue of the City's ownership or control of the rights -of -way or other public properties, by virtue of Grantee's exercise of the rights granted herein, or by virtue of the City's permitting Grantee's use of the City's rights -of -way or other public property based upon the inspection or lack of inspection of work performed by Grantee, its agents and servants, officers or employees in connection with work authorized on the City's property or property over which the City has control, pursuant to this Franchise or pursuant to any other permit or approval issued in connection with this Franchise. This covenant of indemnification shall include, but not be limited by this reference, to claims against the City arising as a result of the negligent acts or omissions of Grantee, its agents, servants, officers or employees in barricading, instituting trench safety systems or providing adequate warnings of any excavation, construction, or work in any public right -of -way or other public place in performance of work or services permitted under this Franchise. inspection or acceptance by the City of any work performed by Grantee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. In the event that Grantee refuses to accept the tender of defense in any suit or any claim, said tender having been made pursuant to the indemnification clauses contained herein, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Grantee, then Grantee shall pay all of the City's costs for defense of the action, including all reasonable expert witness fees and reasonable attorneys' fees and the reasonable costs of the City, including reasonable attorneys' fees of recovering under this indemnification clause. v / Proposed OneEiGFITY franchise — C. Driskell Draft 2 -17 -04 Should a court of competent jurisdiction (or such other tribunal that the parties shall agree to decide the matter) determine that this Franchise, or work conducted under authority of this Franchise, is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Grantee and the City, its officers, employees and agents, Grantee's liability hereunder shall be only to the extent of Grantee's negligence. it is further specifically and expressly understood that the indemnification provided herein constitutes Grantee's waiver of immunity under Title 51 RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this Section 36 shall survive the expiration or termination of this Franchise agreement, for a period of three (3) years. Section 37. Insurance. Grantee shall procure and maintain for the duration of the Franchise, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to Grantee, its agents, representatives or employees. Grantee shall provide a copy of such insurance certificate to the City for its inspection prior to the adoption of this Ordinance, and such insurance shall evidence: 1. Automobile Liability insurance Nvith limits no less than $1,000,000 Combined Single Limit per accident for bodily injury and property damage. Such liability insurance shall only be required from Grantee for vehicles owned or controlled by Grantee. Any contractor hired by Grantee to perform labor in the performance of this franchise shall be required to obtain auto insurance as stated in this subsection; and Ordinance 04 -006 for 2 -17 -04 Page 11 of 15 Proposed OneEIGHTY franchise — C. Driskell Draft 2 -17 -04 2. Commercial General Liability insurance written on an occurrence basis with limits no Tess than $1,000,000 Combined Single Limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products /completed operations; broad form property; explosion, collapse and underground (XCU); and Employer's Liability. Any deductibles or self - insured retentions must be declared to and approved by the City. Payment of deductible or self - insured retention shall be the sole responsibility of Gmntee. Recognizing the term of this Franchise, the City Manager may unilaterally adjust the insurance liability limits to reflect the degree of risk and market conditions. The insurance obtained by Grantee shall name the City, its officers, employees and volunteers as insureds with regard to activities performed by or on behalf of Grantee. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. In addition, the insurance certificate shall contain a clause stating that coverage shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. Grantee's insurance shall be the primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of Grantee's insurance and shall not contribute to it. The insurance certificate required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Any failure to comply with the reporting provisions of the policies required herein shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Section 38. Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this Franchise, Grantee, or any parties Grantee contracts with to perform labor in the performance of this franchise, shall, upon the request of the City, furnish a bond executed by Grantee or Grantee's contractors and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City as sufficient to ensure performance of Grantee's obligations under this Franchise. The bond shall be conditioned so that Grantee shall observe all the covenants, terns and conditions and shall faithfully perform all of the obligations of this 'Franchise, and to repair or replace any defective work or materials discovered in the City's road, streets, or property. Section 39. Modification. The City and Grantee hereby reserve the right to alter, amend or modify the terms and conditions of this Franchise upon written agreement of both parties to such alteration, amendment or modification. Section 40. Compliance With New Regulations. The City reserves for itself the right to change, amend, modify, or amplify this Franchise to conform to any state statute, or Spokane County and/or City regulation, Utility Accommodation Plan, or right of way regulation, State and National Codes, Standards, and Regulations as may hereafter be enacted, adopted or promulgated. If the Grantee fails to comply with its terms and conditions, or if the Grantee fails to comply with such changes, amendments, modifications, and /or amplifications, this Franchise may be terminated at any time upon ninety (90) days' written notice to the Grantee to terminate this Franchise and upon termination the City shall have a lien upon all equipment and materials erected or placed under this Franchise, which lien may be enforced to reimburse the City for any reasonable expenses and payments incurred in terminating this Franchise and to cure defaults by the Grantee. Ordinance 04 -006 for 2 -17 -04 Page 12 of 15 Proposed OneEIGHTY franchise — C. Driskell Draft 2 -17 -04 Section 41.. Forfeiture and R.cvocation. If Grantee willfully violates or fails to comply with any of the provisions of this Franchise, or through willful or unreasonable negligence fails to heed or comply with any notice given Grantee by the City under the provisions of this Franchise, then Grantee shall, at the election of the City, forfeit all rights conferred hereunder and this Franchise may be revoked or annulled by the City after a hearing held upon reasonable notice to Grantee. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the Spokane County Superior Court compelling Grantee to comply with the provisions of this Franchise and to recover damages and costs incurred by the City by reason of Grantee's failure to comply. Section 42. Assignment. This Franchise may not be assigned or transferred without the written approval of the City. For purposes hereof, the grant of any security agreement or security interest in the facilities of the Grantee to secure any financing or refinancing, shall constitute an assignment/of this Franchise for which written approval would be required. In the case of the transfer or assignmeni as collateral for a mortgage or other security instrument in whole or in part to secure indebtedness, such consent shall not be required unless and until the secured party elects to realize upon the collateral. Grantee shall provide prompt, written notice to the City of any such assignment. Section 43. Acceptance. Not later than thirty (30) days after passage and publication of this Ordinance, the Grantee must accept the Franchise herein by tiling with the City Clerk an unconditional written acceptance thereof. Failure of Grantee to so accept this Franchise within said period of time shall be deemed a rejection thereof by Grantee, and the rights and privileges herein granted shall, after the expiration of the five day period, absolutely cease, unless the time period is extended by ordinance duly passed for that purpose. Section 44. Survival. All of the provisions, conditions and requirements of Sections: 4, 5, 13, 25, 26, 36 and 48 of this Franchise shall be in addition to any and all other obligations and liabilities Grantee may have to the City at common law, by statute, by ordinance, or by contract, and shall survive termination of this Franchise, and any renewals or extensions hereof. All of the provisions, conditions, regulations and requirements contained in this Franchise shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of Grantee and all privileges, as well as all obligations and liabilities of Grantee shall inure to its heirs, successors and assigns equally as if they were specifically mentioned wherever Grantee is named herein. Section 45. Severability. if any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. In the event that any of the provisions of the Franchise are held to be invalid by a court of competent jurisdiction, the City reserves the right to reconsider the grant of the Franchise and may amend, repeal, add, replace or modify any other provision of the Franchise, or may terminate the Franchise. Section 46. Renewal. Application for extension or renewal of the term of this Franchise shall be made no later than one year before expiration thereof. In the event the time period granted by this Franchise expires without being renewed by the City, the terms and conditions hereof shall continue in effect until this Franchise is either renewed or terminated by the City. Section 47. Notice. Any notice or information required or permitted to be given by or to the parties under this Franchise may be sent to the following addresses unless otherwise specified, in writing: Ordinance 04 -006 for 2 -17 -04 Page 13 of 15 Proposed OneEIGHTY franchise — C. Driskell Draft 2 -17 -04 The City: With a Copy to: City of Spokane Valley Public Works Director 11707 E. Sprague Spokane Valley, WA 99206 Grantee: City of Spokane Valley Attn: City Clerk 11707 E. Sprague Spokane Valley, WA 99206 OneEighty Networks, Inc. 118 North Stevens Spokane, WA 99201 Phone: (509) 688 -8180 Fax: (509) 688-8110 Section 48. Choice of Law. Any litigation between the City and Grantee arising under or regarding this Franchise shall occur, if in the state courts, in the Spokane County Superior Court, and if in the federal courts, in the United States District Court for the Eastern District of Washington. Section 49. Non - Waiver. The City shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this Franchise in the public interest. Grantee shall not be relieved of its obligations to comply with any of the provisions of this Franchise by reason of any failure of the City to enforce prompt compliance, nor does the City waive or limit any of its rights under this Franchise by reason of such failure or neglect. Section 50. Entire Agreement. This Franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understanding, written or otherwise, shall be binding upon the parties upon execution and acceptance hereof. This Franchise shall also supersede and cancel any previous right or claim of Grantee to occupy the County roads as herein described. Section 51. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City of Spokane Valley as provided by law. ATTEST: PASSED by the City Council this day of February, 2004. Christine Bainbridge, City Clerk Approved as to Form: Deputy City Attorney, Cary P. Driskell Date of Publication: Effective Date: Michael DeVleming, Mayor Ordinance 04 -006 for 2 -17 -04 Page 14 of IS Proposed OneEIGFTTY franchise — C. Tariskell Draft 2 -17 -04 Accepted by OneETGHTY Networks, Inc. By: , General Manager The Grantee, OneEIGHTY Networks, Inc., a corporation, for itself, and for its successors and assigns, does accept ail of the terms and conditions of the foregoing franchise. IN WITNESS WHEREOF, has signed this day of _ , 2004. Subscribed and sworn before me this day of , 2004. Notary Public in and for the State of Washington, residing in My commission expires Ordinance 04 -006 for 2 -17 -04 Page 15 of 15 Stiokane �- jUalley Memorandum To: Dave Mercier, City Manager; City Council From: Cary P. Driskell, Deputy City Attorney CC: Nina Regor, Deputy City Manager Date: February 17, 2004 Re: Brief discussion on amendments to the Junk Vehicle Ordinance The Council adopted Ordinance 03 -067, the Junk Vehicle Ordinance, on September 23, 2003. Since that time, staff has prosecuted various cases under the Ordinance. In the process, Code Enforcement Officer Chris Berg has found that it would be helpful in compelling citizens to abate junk vehicles if he had use of voluntary compliance agreements as are found in the zoning code compliance and nuisance provisions. Consistent with that, I have drafted an amended Junk Vehicle Ordinance that applies the same voluntary compliance agreement provisions from the Nuisance Ordinance, with minor changes. Similarly, our Hearing Examiner requested that if we were going to bring this back to Council, that we may want to clarify some language in the appeal provisions of the Junk Vehicle Ordinance. These requested changes are incorporated in the draft amended ordinance that will be brought forward to Council on February 24, 2004. Cary P. Driskell 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall @spokanevalley.org CITY OF SPOKANE VALLEY, WASIINGTON ORDINANCE NO. 04 -00 AN ORDINANCE OF THE C1TY OF SPOKANE VALLEY, WASHINGTON, AMENDING ORDINANCE 03 -067 REGULATING THE STORAGE OF JUNK VEHICLES ON PRIVATE PROPERTY. WHEREAS, there currently exists within the City a large number of private properties where junk vehicles are being permanently stored in violation of existing Zoning Code provisions; WHEREAS, the storage of unlicensed and inoperable motor vehicles on private property creates a public nuisance and interferes with the reasonable use and enjoyment of property; WHEREAS, the storage of junk vehicles on private property poses a threat to the health, welfare and safety of the citizens of the City, and the City desires to address this problem; WHEREAS, enforcement of public nuisances is within the police powers of the City of Spokane Valley, Washington; and WHEREAS, the City finds and declares that it is in the best interest of the residents and inhabitants of the City to remove junk vehicles as public nuisances, and provide for their abatement through due process. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON DO ORDAIN AS FOLLOWS: SECTION 1 — Purpose and intent. The City recognizes the benefit and enjoyment individuals receive from the repair and rehabilitation of old or inoperable vehicles. It is, however, the purpose and intent of this ordinance to provide for the removal of junk vehicles from private property that create an attractive nuisance and negative aesthetic impact upon property and the community. SECTION 2 — Definitions. A. "City" means the City of Spokane Valley, Washington. 1 B. "Code Enforcement Officer" means a regular or specially commissioned officer so designated by the Director of Community Development for the City. C. "Director" means the City Manager or designee, who is anticipated to be Director of Community Development for the City. D. "Hearing Examiner" means the hearing examiner for the City. E. "Impound" for the purposes of this ordinance means to take and legal custody. F. "Inoperable" means incapable of being operated legally on a including but not limited to, not having a valid, current registration certificate of registration. 1. Is three years old or older; 3. Is apparently inoperable; hold a vehicle in public highway, plate or current G. "Junk vehicle" means a vehicle substantially meeting at least three following criteria: of the 2. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, missing wheels, tires, motor, or transmission; 4. Has an approximate fair market value equal only to the approximate value of the scrap in it. 11. "Person(s) responsible for a violation" means: 1. The land owner where the junk vehicle is located as shown on the last equalized assessment roll; and 2. The last registered owner of the vehicle, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101; and 3. The legal owner of the vehicle. 1. "Vehicle" for the purposes of this ordinance includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. The term does not include devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks, as set forth in RCW 46.04.670. 2 of junk vehicles from private property. vehicles placed, stored or permitted to be limits are public nuisances to be abated as SECTION 3 — Abatement and removal Except as provided in Section 4, all junk located on private property within the City provided in this ordinance. SECTION 4 — Exceptions. This ordinance does not apply to: A. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; B. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer, and is fenced according to the provisions of R.CW 46.80.130; C. A junk vehicle does not include a vehicle which is in the process of being repaired, as evidenced by the good faith efforts of the vehicle owner. This exception shall include having up to one "parts" vehicle, from which parts are being salvaged concurrent with the repair process for the vehicle being excepted from compliance in this subsection. Good faith efforts of repair can include producing invoices showing work or parts purchased for repair or renovation within thirty days prior to issuance of the notice of violation, or a declaration under penalty of perjury that the vehicle is in the process of being repaired and has been worked on within thirty days prior to issuance of the notice of violation. This exception allows up to sixty (60) days for good faith repair. Upon good cause shown, the Director shall have the discretion to grant one additional sixty (60) day exception period to this ordinance. Under no circumstance shall any good faith efforts of repair extend for more than 120 days, after which time this exception shall no longer apply. This exception shall apply to one vehicle and one parts vehicle per parcel of land per calendar year. D. There shall be allowed as exceptions to this ordinance up to two (2) junk vehicles in UR 3.5 and UR 7 zones, so long as they are completely sight - screened by maintained Type 1 or 11 landscaping, a maintained landscaped berm, or fencing. Types 1 and H landscaping are described in Spokane Valley Zoning Code Section 14.806.060. Junk vehicles allowed by this exception are restricted to only the UR 3.5 and UR 7 zones. Concurrent with the adoption of this Ordinance, Spokane Valley Zoning Code provisions 14.616.355 (UR -3.5) 14.618.355 (UR -7), 14.620.355 (UR -12) and 14.622.355 (UR -22) shall be amended as set forth in Attachments A to this Ordinance. SECTION 5 — Violation notice. A. A Code Enforcement Officer is authorized to issue and serve a notice of violation upon reasonable belief that a violation of one or more provisions of this ordinance has occurred. B. The notice of violation shall be issued to the person(s) responsible for a violation of this ordinance. The last legal and registered owner need not be notified if the vehicle is in such condition that identification numbers are not available to determine ownership. C. The notice of violation may be served by means of personal service, or by mailing a copy of the notice of violation to the person(s) responsible for a code violation to his or her last known mailing address as determined by the Code Enforcement Officer by certified mail, with a five -day return receipt requested. Proof of service shall be made by a vvritten declaration under penalty of perjury by the person affecting the service, declaring the time, date, place of service, and the manner by which service was made. D. The notice of violation shall contain substantially the following information: 1. The name and address of the person to whom the notice of violation is issued; 2. The location of the subject property by address or other description sufficient to identify the subject property; 3. A description of the vehicle and its location, and the reasons the City deems it to be a public nuisance in violation of this ordinance; 4. A description of the corrective action necessary to eliminate the violation; 5. That the corrective action must be performed within fifteen (15) days from the date of service of the notice of violation; 6. That a hearing will be held by the Hearing Examiner, including the date and time of the hearing, pursuant to Section 6 of this Ordinance; 7. A statement that if the person(s) responsible for a violation fails to complete the corrective action, the City or its designee shall initiate judicial abatement proceedings to remove, impound and dispose of the vehicle, and will assess all costs of administration, court - related costs and removal against the person(s) responsible for a violation after a hearing by the Hearing Examiner in which the Hearing Examiner determines that there has been a violation of this Ordinance; 8. A statement that the land owner upon which the vehicle is located may appear in person at the hearing, or provide a written statement to the Hearing Examiner, denying responsibility for the presence of the vehicle on the land, with his or her reasons for the denial; 9. A statement that a person responsible for a violation who voluntarily complies with or allows abatement within fifteen days of receiving a notice of violation shall not be assessed a civil monetary penalty; and 4 10. If the Hearing Examiner determines the appellant is a person responsible for a violation, a $250 civil monetary penalty will be assessed. SECTION 6 — Hearing on notice of violation. A. A person receiving a notice of violation shall have fifteen (15) days from the date of service of the notice of violation to voluntarily abate the junk vehicles) to avoid imposition of a civil monetary penalty pursuant to Section gy of this Ordinance. A hearing shall be automatically scheduled, to be held after expiration of fifteen (15) days service of the notice of violation. The notice of violation shall state the time, location and date of the hearing on the issue of irnposition of a civil monetary penalty. B. The person(s) responsible for a violation may appear in person at a hearing or by submitting a written statement for consideration. I:f the land owner denies responsibility for the vehicle being on his or her land, and has provided sufficient written evidence in support of the denial, the Hearing Examiner is authorized to determine, based upon available evidence, whether the land owner is responsible for, or acquiesced to, the presence of the vehicle. if the land owner has not acquiesced in the vehicle's presence, the Hearing Examiner's order shall state such. In that instance, the land owner shall sign a written permission form at the time of hearing allowing the City to immediately remove the junk vehicle from his or her real property. If the land owner fails to sign the permission form, he or she. will be determined to be acquiescing in the vehicle's presence on the real property. C. If the I-learing Examiner determines that a land owner is not responsible for a vehicle being on his or her property, the City shall not assess costs of administration (including civil monetary penalties) or nuisance abatement against the real property where the vehicle is located. D. Any hearing on notice of violation under this Ordinance will be determined by the Hearing Examiner pursuant to Spokane Valley Ordinance 57 as adopted or hereafter amended. unless in conflict with specific provisions of this Ordinance, in which case the specific provisions of this Ordinance shall control. DE. The Hearing Examiner may uphold, modify or revoke the notice of violation as appropriate. The Hearing Examiner shall provide written findings of fact and order within fi -veten business days of the conclusion of the hearing. The Hearing Examinner's order shall constitute a final action. FE. If the Ilearing Examiner upholds the notice of violation, the Hearing Examiner shall impose a civil monetary penalty of $250, pursuant to Section 9 of this Ordinance.: GF. A copy of the Hearing Examiner's order shall be served upon the person(s) to whom it is directed, either personally or by mailing a copy of the order by certified mail, 5 with a five -day return receipt requested, to such person at his or her last known address as determined by the code compliance officer. Proof of service shall be made by a written declaration under penalty of perjury by the person effecting service, stating the time, date, location and manner by which service was made. H. The .Hearing examiner shall have the authority in the order to suspend the $250 monetary penalty. if a request for such suspension is made by the City at the_puhlic hearing and a voluntary compliance agreement is entered into between the alleged ywlator an tile. City Within five days of the puhlic hearing. The allu to ull 'co mplete the terms o the corn !lance a reernent shall result in im ,osition o the monetary enalt as well as any other condition set forth in the voluntary compliance agreement. This provision is not intended to extend the time period in which an appeal can be filed under Section 61. I. The Hearing Examiner's final order shall be final and conclusive unless within 21 days from the issuance of the order a party with standing 'files a land use n_etition in Spokane County Superior Court pursuant to RCW 36.70C. SECTION 7 - Voluntary compliance agreement. A. Whenever the Director determines that a violation of this Ordinance has occurred or is occurring, the Director shall make reasonable efforts to secure voluntary compliance from the person responsible for the violation. Upon contacting the person responsible for the violation. the Director may enter into a voluntary compliance agreement as provided for in this Ordinance. B. A voluntary compliance agreement may be entered into at any time after issuance of a verbal or written warning. a notice of violation, or before the conclusion of the hearing on notice of violation before the Hearin Examiner. except as otherwise provided in 6H. C. Upon entering into a voluntary compliance agreement, a person responsible for a violation waives the right to administratively appeal. and thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a code violation of this Ordinance. D. The voluntary compliance agreement shall incorporate the. shortest reasonable time period for compliance. as determined by the Director. An extension of the time limit for compliance, or a modification of the required corrective action may be granted by the 'Director if the person responsible for the violation has shown due diligence or substantial progress in correcting the violation, but circumstances render full and timely compliance under the original conditions unattainable. Any such extension or modification must be in writing and signed by the Director and person(s) who signed the original voluntary compliance agreement. 6 F. The voluntar ' corn (lance a ' regiment is not a settlement a regiment. F. The voluntary compliance agreement is a written. signed commitment by the person(s) responsible for a violation in which such person(s) agrees to abate the violation. The voluntary compliance agreement shall include the following: 1. The name and address of the person responsible for the violation: 2. The address or other identification of the location dale violation; i. A description of the violation and a reference to the provision(s) of the ordinance. resolution or regulation which has been violated: 4. A description of the necessary corrective action to be taken and identification of the date or time by which compliance must be completed; 5. The amount of the civil penalty that will be imposed ($250.00) pursuant to this Ordinance lithe voluntary compliance agreement is not satisfied; 6. An acknowledgement that if the Director determines that the terms of the voluntary compliance a reement are not met, the City may. without issuing a notice of violation or obtainin;, a judicial. abatement order. enter the real property and perform abatement of the violation by the City. assess the costs incurred by the City to pursue compliance and to abate the violation. including reasonable legal fees and costs: 7. An acknowledgement that if a penalty is assessed. and if any assessed penalty. fee or cost is not paid. the Director may charge the unpaid amount as a lien against the property where the violation occurred if owned by the person responsible for the violation, and that the unpaid amount may be a joint and several personal obligation of all persons responsible for the violation; 8. An acknowledgement that by entering into the voluntary compliance a o reement. the person responsible for the violation thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a violation of Ordinance 67: and 9. An acknowledgement that the person responsible for the violation understands that he or she has the right to be served with a notice of violation for any violation identified in the voluntary compliance agreement, has the right to a hearins on such notice of violation, and that he or she is knowingly, voluntarily and intelligently waiving those rights. G. If the terms of the voluntary compliance agreement are not completely met, and an extension of time has not been granted. the Director may enter the real property and abate the violation without seeking a judicial abatement order. The person responsible 7 for compliance may, without being issued a notice of violation, be assessed a civil penalty in the amount of $250.00, plus all costs incurred by the City to pursue compliance and to abate the violation, and may he subject to other remedies authorized by this Ordinance. Penalties imposed when a voluntary compliance agreement is not met accrue from the date of service of any preceding notice of violation if a voluntary com.liance a - cement was entered into before a hearin_ could he held on the violation. or from the date the voluntary compliance agreement was entered into if there was no preceding notice of violation. 1l. The Director may issue a notice of violation for failure to meet the terms of a voluntary compliance agreement. 1. The Director shall be solely responsible for determining whether all of the conditions of any voluntar j} c:n ttpliance a reement have been met SECTION 78 — Abatement — costs — liens. A. Emergency Abatement: Whenever a condition, the continued existence of which constitutes an immediate threat to the public health, safety or welfare or to the environment, is found to exist, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. B. Judicial Abatement: The City may seek a judicial abatement order from Spokane County Superior Court, as deemed necessary, to abate a condition which continues to be a violation of this Ordinance where other methods of remedial action have failed to produce compliance. C. The costs, including incidental expenses, of abating the violation shall be billed to the person responsible for the violation and shall become due and payable to the City within ten (10) calendar days after completion of abatement. The term incidental expenses includes but is not limited to personnel costs, both direct and indirect and including attorneys fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual expenses and costs of the City in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing and mailing. All such costs shall constitute a lien against the affected property and may be subject to collection following a court judgnent. Such a lien shall be substantially in accordance with the provision regarding mechanic's liens in RCW 60.04, and said lien shall be foreclosed in the same manner as such liens. D. The lien shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall share priority. The City of Spokane Valley may cause a claim for lien to be filed for record within ninety (90) days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance abated. The claim of lien shall contain sufficient information regarding the notice of violation, a description of 8 the property to be charged with the lien, the owner of record, and the total of the lien. Any such claim of lien may be amended from time to time to reflect changed conditions. Any such lien shall bind the affected property for the period as provided for by state law. E. The vehicle shall be disposed of to a licensed motor vehicle wrecker or hulk hauler with notice to the Washington State Patrol and the State Department of Licensing that the vehicle has been wrecked. Any vehicle or part thereof impounded pursuant to this ordinance shall be processed in accordance with the laws of the State of Washington. F. Any registered disposer under contract with the City for the impounding of vehicles shall comply with any administrative regulations relative to the handling and disposing of vehicles as may be promulgated by local authority or the Director. G. Costs of removal will not be assessed against the legal owner of the vehicle if the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101. SECTION 89 — Civil Monetary Penalties — Voluntary Compliance. If the Hearing Examiner determines that the person receiving the notice of violation is a person responsible for a violation, that person shall be assessed a civil monetary penalty in the amount of .$250.00. SECTION 910 — Junk vehicle abatement program — authorized. The Director is authorized to develop a comprehensive junk vehicle abatement program. It is intended that this program will developed through community involvement. The purpose of the Junk Vehicle Abatement Program is to develop a program that is cost effective for the City, encourages voluntary compliance, and implements the goals of this Ordinance.. SECTION 101 — Junk vehicle abatement fund — authorized. All monies collected from the assessment of civil penalties and for abatement costs and work shall be allocated to support expenditures for abatement, and shall be accounted for through either creation of an account for such abatement costs, or other appropriate accounting mechanism. Any monies collected under this ordinance that exceed an amount projected to cover anticipated abatement requirements within a six month time period shall be placed in the general fund. SECTION 112 — Severability. if any section, sentence, clause or phrase of this ordinance, or any regulation, rule or order adopted pursuant to the authority thereof be determined invalid or unconstitutional, it shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 12.3 — Effective date. This ordinance shall be in full force and effect five (5) days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. PASSED by the City Council this day of SetaternbeFFebruary. 20034. ATTEST: City Clerk, Christine Bainbridge Approved as to form: Deputy City Attorney, Cary P. Driskell Date of publication: Effective date: Mayor, Michael DeVleming CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 24, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Resolution Providing for the transfer of Opportunity Township Hall to the Spokane Legacy Foundation GOVERNING LEGISLATION: City Ordinance 03 -071, RCW 39.33.010 and Interlocal Agreement PREVIOUS COUNCIL ACTION TAKEN: Reviewed in Study Session BACKGROUND: Opportunity Township Hall was transferred by the County to the City through Interlocal Agreement. The Spokane Legacy Foundation has requested the property be conveyed to the Foundation for use as a museum that will display historical artifacts and provide cultural information on the Spokane Valley. The attached Resolution provides for the transfer of the property upon certain conditions to the Foundation. If the conditions are not fulfilled the property will be reconveyed to the City. OPTIONS: Approve or deny Resolution RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: Opportunity Township Hall does not produce significant revenue for the City. STAFF CONTACT: ATTACHMENTS Resolution 04- DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 04 -003 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON DECLARING OPPORTUNITY TOWNSHIP HALL AS SURPLUS TO THE PRESENT NEEDS OF THE CITY, AUTHORIZING A CONVEYANCE OF THE PROPERTY TO THE SPOKANE VALLEY LEGACY FOUNDATION FOR USE AS A PUBLIC MUSEUM WHEREAS, the City of Spokane Valley incorporated on March 31, 2003; WHEREAS, through Resolution 3 -0790 of the Board of County Comrnissioners Spokane County accepted the "Interlocal Agreement between Spokane County and the City of Spokane Valley Relating to the Ownership, Funding, Operation and Maintenance of Parks, Open Space, Recreation Facilities and Programs" that authorized the conveyance of properties to the City including Opportunity Township Hall; WHEREAS, through City Resolution No. 03 -043 the City accepted the conveyance of park properties and at a duly scheduled regular meeting on September 9, 2003 authorized the execution of the above Interlocal Agreement by the City; WHEREAS, Spokane County through Quit Claim Deed conveyed Opportunity Township Hall and the related real property, generally known as Assessor's Parcel No. 21541 -0110, to the City of Spokane Valley (hereinafter the "Property"); WHEREAS, through the Interlocal Agreement the City agreed to provide public notice and comment when considering the conveyance of a transferred property; WHEREAS, on or about January 22, 2004 the City received from the Spokane Valley Legacy Foundation (the "Foundation ") a request to transfer the ownership of Opportunity Township Hall for the purpose of establishing a local heritage museum. The Foundation represented to the City that it has been collecting, preserving and exhibiting the history and culture of Spokane Valley and desires to establish within the City a museum to display the collected artifacts and explain the culture of the Spokane Valley; WHEREAS, the Foundation represents it has obtained and will continue to be actively involved in obtaining public and private funding to support the museum; WHEREAS, the Foundation represents that the museum shall be made available to the public and managed by a private non -profit corporation both incorporated in the State of Washington and recognized as tax exempt by the IRS; WHEREAS, the Foundation's request to the City contained supporting documentation including a mission statement, organisation and planning statement, financial plan and a budget all of which have been filed with the City Clerk and are by this reference incorporated herein; WHEREAS, when Opportunity Township 1-lall was conveyed to the City the building on the Property had been designated as a historic landmark through Board of County Commissioner Resolution 96 -104 with the further understanding that the historic landmark would be maintained consistent with management standards set forth in the "Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Properties (R.evised in 1983)" in accordance with the Findings of Fact and Decision by the Spokane Landmarks Commission, dated April 17, 1996; Resolution 04 -003 Opportunity Town Hall Transfer Page I of 3 DRAFT WHEREAS, the City desires to maintain Opportunity Township Hall as a historic property for the benefit of the citizens of the City of Spokane Valley and thereby preserve the building's cultural heritage and historical significance; WHEREAS, the designation by the Landmarks Commission provides that the exterior facade of the building may not be altered without first obtaining permission from the Landmarks Commission; WHEREAS, the City has investigated the condition of the Property, its present and future use and believes the past rental history indicates the Property does not generate significant sums of money nor will its transfer to the Foundation unreasonably displace users of park properties within the City especially since the City is proceeding to construct a Community Center at Mirabeau Point; WHEREAS, the City Council, based upon the representations of the Foundation, finds and concludes that a rnuseum for the benefit of the City is a public asset and appropriate use of Opportunity Township Hall provided certain conditions are fulfilled that will benefit the City and its citizens; WHEREAS, through a property transfer to the Foundation the City will receive as consideration the following promises and performance set forth below including the preservation of a historic property at private expense; WHEREAS, the City published notice of public hearing on this Resolution on February 13, 2004 with the public hearing held before the City Council on February 24, 2004 at 6:00 p.m. in the City Council Chambers. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington as follows: This Resolution shall be deemed a joint Statement of Intent for Use of Opportunity Township Hall by both the Spokane Valley City Council and through acceptance of the Quit Claim Deed and use of the Property by the Spokane Valley Legacy Foundation. The documents set forth in the public record lodged with the City Clerk for the City of Spokane Valley are hereby incorporated by reference as if fully set forth herein and shall support both the Statement of Intent and the authorized conveyance by the. City. The Spokane Valley Legacy Foundation, upon the acceptance of the Quit Claim Deed and use of Opportunity Township Hall (and the Property), agrees to the following conditions: (I) Design, construct (including repair and remodel), maintain and operate the Property and Opportunity Township Hall as a public museum that displays historical artifacts and provides historical/cultural information that primarily relates to the historical development of the Spokane Valley; (2) Maintain Opportunity Township Hall pursuant to Board of County Commissioner Resolution 96 -1054 including the interior of the building in a safe and habitable condition pursuant to local, state and federal law; (3) Maintain a 501(c)(3) non - profit federal tax status and corporate existence in the State of Washington; (4) Avoid a bankruptcy or foreclosure which could lead to acquisition of the Property by creditors; Resolution 04 -003 Opportunity Town Hall 'Transfer Page 2 of 3 (5) Perform acts that are consistent with the representations made by the Legacy Foundation to the City as set forth in the public record as of the date of adoption of this resolution; and (6) Continue the above described uses on the Property unless otherwise agreed through the express written authorization of the City Council. Pursuant to the above conditions, the City Council authorizes the City Manager to execute all necessary documents to complete the conveyance and provide for the assumption, ownership and control of the Property by the Spokane Valley Legacy Foundation. The City does not warrant, either express or implied, the suitability of the Property or any improvements for a particular purpose with the Foundation taking the Property "as is." In the event the above conditions of transfer are violated, in the reasonable judgment of the City Council, the Foundation shall reconvey the Property and all improvements to the City within thirty (30) days of a demand for such reconveyance. ATTEST: Adopted this _ day of February, 2004. Christine Bainbridge, City Clerk Approved as to form: Stanley M. Schwartz, City Attorney DRAFT City of Spokane Valley Michael DeV leming, Mayor Resolution 04.003 Opportunity Town Hall Transfer Page 3 of 3 GOVERNING LEGISLATION: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 2/17/04 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing XX❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Senior Center Bus PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: In 1999, the Spokane Valley Senior Citizen's Association donated a Starcraft Allstar 17 passenger bus to Spokane County. In turn, the County operated the bus for the Senior Center. The County is now transferring the bus back to the Association. The expected date of the transfer is March 1, 2004. Currently, the City of Spokane Valley is providing the driver. However, once the bus is owned by the Association, the City's insurer recommends against a city employee driving it. However, the Association has requested that the City continue to fund the cost of a bus driver for the Tuesday and Thursday bus routes for 2004. OPTIONS: Fund the cost of the driver for 2004. Upon proper documentation, the cost of the driver (up to a maximum of $4,300) would be subtracted from the annual payment ($12,000) that the Association currently pays to the city. Don't fund the driver. The Association would decide if they can continue to operate the bus or explore other alternatives. RECOMMENDED ACTION OR MOTION: Discussion /direction to staff. BUDGET /FINANCIAL IMPACTS: Maximum cost to City of $4,300. Additional impacts described in attachment. STAFF CONTACT: Mike Jackson, Parks and Recreation Director ATTACHMENTS Memorandum, Re: Senior Center Bus Situation 010"\ft.... Stinekane .10. 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509,921.1000 • Fax: 509.921.1008 • cityhallespokanevalley.org Memorandum To: Dave Mercier, City Manager From: Mike Jackson, Parks and Recreation Director Date: February 11, 2004 Re: Senior Center Bus Situation As you know, Spokane County is in the process of returning the 1999 Starcraft Allstar Bus to the Spokane Valley Senior Citizens Association. The county's intent is to transfer the title on March 1, 2004. Mr. Leon Horton, President of the Association has indicated to me that the Association will purchase insurance, and will operate and maintain the bus. However, Mr. Horton has also asked if it would be possible for the City of Spokane Valley to continue to supply the driver. I explained to Mr. Horton that Washington Cities Insurance Authority has strongly recommended against the City supplying a driver for a bus owned by the Association. A possibility to help smooth the transition for the Association would be for the City of Spokane Valley to provide the funding for the driver for 2004. The funds, up to a maximum of $4,300 for the year, are currently budgeted by the City for the bus driver. These funds are exclusively for the Tuesday and Thursday bus route, The Association is already responsible for all other driver costs associated with special events and field trips, Currently, the City has been providing the driver and billing the Association for all time outside of the Tuesday and Thursday routes, When the transfer takes effect, the City will also save the current cost of maintaining the bus which is estimated at $3,420 per year. If the allowance of $4,300 is approved, I recommend, upon proper documentation, that the funds be subtracted from the annual payments of $12,000 which are due from the Association to the City, in 2004. Also, upon approval, the City will need to provide formal notice to the bus driver, Mr, Charlie O'Neil that his position with the City will terminate on February 28, 2004. Please review and I will be happy to discuss further as needed. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 17, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business X new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Refreshment Policy PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: The City often provides coffee, tea, soft drinks, light meals and other refreshments prior to, during and/or after City meetings. While this is common practice for most cities, staff wondered if the State Auditor's Office had a formal position on this practice. After discussions with representatives of the State Auditor's Office, staff found that a formal policy regarding this practice is preferred. Attached is a proposed resolution and policy for the City Council's review. ��. OPTIONS: 1.) Accept the proposed policy by passing the resolution; 2.) Modify the proposed policy and resolution; 3.) Determine the City doesn't need the policy but continue providing refreshments for City meetings; 4.) Discontinue the practice of providing refreshments RECOMMENDED ACTION OR MOTION: Place this resolution on the February 24`h agenda for approval BUDGET /FINANCIAL IMPACTS: Little. A small amount of money could be saved if no refreshments were served, however providing refreshments is a common practice in private industry and govemment, and refreshments often make the meeting more user friendly. STAFF CONTACT: Ken Thompson, Finance Director CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 04 - A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON ADOPTING THE CITY OF SPOKANE VALLEY MEETING AND CUSTOMER RELATION POLICY. WHEREAS, the City Council of the City of Spokane Valley, Washington recognizes the practicality in supplying coffee, tea, refreshments and light meals to the public, staff and elected officials at City meetings and events, as an investment in the public process; and WHEREAS, certain City meetings are held during or immediately after normal meal times; and WHEREAS, the City sponsors a number of special events, meetings or programs where serving refreshments would be appropriate; and WHEREAS, this proposed Meeting and Customer Relation Policy would allow procurement and payment of the necessary expenses to provide refreshments when approved by the City Manager or authorized designee. NOW, TJf BEFORE BE IT RESOLVED that the City Council of the City of Spokane Valley, Washington adopts the City of Spokane Valley Meeting and Customer Relation Policy. ATTEST: APPROVED by the City Council this day of February 2004. Christine Bainbridge, City Clerk \\SV -FS1\ Usersl cbainbridgelcbainbridge \Resolutionslrefreshmentpolicy resolution 3rt.doc Michael DeVleming, Mayor u L. MEETING AND CUSTOMER RELATION POLICY L -1 The purpose of this policy is to authorize the provision of coffee and light refreshments or meals at City government sponsored meetings, social gatherings and training sessions. Approval for serving coffee and light refreshments or meals must be specifically approved by the City Manager or his/her authorized designee. L -2 All legally authorized boards and commissions may provide coffee and/or light refreshments at their official public meetings, including executive sessions. L -3 The City is not required to provide coffee and /or light refreshments at meetings. DEFINITIONS A. COFFEE - Coffee encompasses any non - alcoholic beverage, such as tea, water, soft drinks, juice, or milk. B. LIGHT REFRESHMENT - An edible item that may be served between meals, including but not limited to doughnuts, muffins, bagels, sweet rolls, fruits, vegetables. meat or cheese. C. MEALS - edible items that are usually served at a like and appropriate time of day matching the scheduled meeting time, including but not limited to soup, sandwiches, salads, and pizza. D. OFFICIAL CITY BUSINESS - Activities performed or authorized by a City official or employee in order to accomplish City programs. PROCEDURES A. The City Manager or his /her authorized designee may approve the serving of coffee, meals and light refreshments in the conduct of City business at certain City- sponsored meetings. This authority is not intended for use with the normal daily business of employees or officials, but rather for special situations or occasions, as determined by the City Manager or authorized designee, where: The purpose of the meeting is to conduct City business, prepare for meetings or provide training sessions that benefit the City, recognize City or employee accomplishments and /or discuss City issues, and The meeting involves elective or appointive officials, City employees, or others the City is legally authorized to reimburse, and The City obtains a receipt for the actual costs of the coffee, meals and /or light refreshments, and The staff person responsible for the meeting receives approval for the serving of coffee, meals and /or Tight refreshments, and If a meal is served. the meeting is scheduled at normal meal times so that City officials and employees are precluded from having meals on their own time. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 17, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business X new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Investment Policy Review GOVERNING LEGISLATION: State law and City policy PREVIOUS COUNCIL ACTION TAKEN: The Finance Committee of the City Council authorized the existing City policy in January of 2003. BACKGROUND: A paragraph in our existing investment policy states: "With the exception of U.S. Treasury securities and the State Investment Pool, the city will invest no more than twenty -five percent of its total investment portfolio in a single security type or with a single financial institution." We recently saw market conditions which, when combined with our policy, resulted in less investment earnings than we might have earned with a modified policy with no significant difference in risk. I am recommending we increase the 25% limitation to 50% when collateral is pledged to secure our investment and the collateral is held by a third party. This increase will result in greater investment earnings with very little change in risk. Please note the 50% limit is a not to exceed percentage rather than a requirement that 50% of city investments be invested in one security type or institution. Late last year the city had approximately $15 million in cash to invest. This cash was generated by our bond sale for CenterPlace /streets and property tax receipts of about $4 million. The State Investment Pool was paying 1% but our bank offered 1.5 %. Our city policy limited our investment in any one institution to 25% ($3,750,000) of our portfolio. Had our policy allowed 50% of our portfolio to be in one institution, our investment earnings would have been $1,560 /month greater than what we realized. It should be noted it is unusual for the City of Spokane Valley to have $15 million on hand to invest, interest rates move independent of our investment needs and financial institutions have needs of their own which affect the interest rates they offer. Thus, we may not see a similar situation for years. Nonetheless, our earnings would increase if we allowed up to 50% of our portfolio to be invested in "public funds" designated accounts in one institution. There is almost no increase in risk associated with placing up to 50% of our investments with the same institution. If banks want to handle governmental deposits they must be designated a public depositary by the Washington State Public Deposit Protection Commission (PDPC). This involves a financial review by the commission and pledging collateral (held by a third party) of 10% of the total governmental deposits held by the bank each month. Eighty banks participate in this program to collateralize governmental deposits with pledges equaling $460 million (10% of the public deposits held by banks). If a bank fails, the PDPC relies on the banks assets, the Federal Deposit Insurance Corporation, the securities pledged by the failing bank, and lastly on the securities pledged by the 79 other Washington banks in the program. These resources are used to settle the amounts due public agencies in the event a bank experiences losses. There is always a chance that an extraordinary event like a collapse of the stock market or the federal government refusing to honor their obligations on federally backed securities, would result in a loss to government portfolios. However, I don't believe the risk is any greater if our upper limit is 50% rather than 25 %. OPTIONS: 1.) Modify our investment policy to allow investments up to 50% of our investment portfolio when collateral is pledged and held by a third party. 2.) Leave our policy as it is with a 25% limit 3.) Modify the policy with limits other than 25 or 50% RECOMMENDED ACTION OR MOTION: A motion to increase the maximum amount of the city's investment portfolio in any one security or institution to 50% is recommended. This policy would be allowed only when appropriate collateral is pledged and held by a third party. BUDGET /FINANCIAL IMPACTS: Many variables affect our investment earnings so it is difficult to predict increased /decreased earnings. I estimate the proposed change will increase our earnings between $1,000 and $5,000 each year. STAFF CONTACT: Ken Thompson, Finance Director Meeting Date: February 10, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing J information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Barker Road Bridge Funding GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Adoption of the Six Year Transportation Improvement Program (TIP) 2004 -2009 BACKGROUND: The adopted Six Year TIP included the replacement of the Barker Road Bridge. Spokane County and the City's interim staff submitted an application for federal Bridge Replacement (BR) funds for this project. The total estimated project cost is $8,100,000. In October of 2003, the Bridge Replacement Advisory Committee (BRAC) selected the Barker Road Bridge project for BR funding. In January 2004 we received notice that the Federal Highways Administration (FHWA) accepted the BRAC's recommendations to fund the project. Typically federal bridge replacement grants are structured such that the local jurisdiction pays 20% of the total project cost as a local match while the grants pay 80% of the total project costs. However, the funding selection letter we received for the Barker Road Bridge project included the following statement: These federal funds require no local match and are provided at 100% federal reimbursement. Our understanding of the reason for the 100% federal reimbursement is because of credits received due to the operation of the State of Washington ferry system in the Puget Sound area. OPTIONS: N/A. Informational only. CITY OF SPOKANE VALLEY Request for Council Action RECOMMENDED ACTION OR MOTION: N/A. Informational only. BUDGET /FINANCIAL IMPACTS: Due to the project costs being 100% reimbursable by the federal BR grant, there is considerable savings to the city's Street Capital Projects fund as follows: 2004 budget savings: 2005 -2007 budget savings: Total budget savings: STAFF CONTACT: Neil Kersten, Steve Worley ATTACHMENTS $141,000 $1,470,000 $1,620,000 Total Project Cost $8.1 Million Total Project Savings to Spokane Valley 2004 $141,000 2005 $760,000 2006 $760,000 Total $1.6 Million Proposed FundIn for Current Year TIB (State) SRTC (Federal) BRAC f (Feral) Sewer Program City Funds Other Or Funds {II k e Val ley 2006 Capital Improvement Projects* Road Construction Projects Budging me Valley - Park Rd Barker Road Bridge" Barker Road Appleway Road Park Road 32nd Avenue Road Design Projects Barker Road Evergreen Road Sullivan Road West Bridge Sewer Projects Veradale Heignts Vera Terrace Electric RR Project Location Indiana Ave to Montgomery Ave at Spokane Rover Boone Ave to Spokane River Bridge Tshirtey Road to Hodges Road Broadway Ai* to Indiana A',e SR 27 to Best Road Spokane River to SR 290 32nd Ave to 16th Ave at Spokane Rover Mlsc.Ilaneous Flora Road+SR 290 Minor Intersection Improvements Barker Road/SR 290 Minor Intersection improvements Road Preservation Proiecta Contingency Nixon to Mission Evergreen to Warren PE RW. CN Mamer to Bums. 2nd to 7tn PE, RW, CN Trent to Utah, Park to Bessie PE, RW, CN Subtotal S • Project list based on adopted six -year road and sewer plan • Partial Construction - 2 -yr project stimate only plans not yet developed PE RW CN PE RW CN Subtotal $ Work to be Completed PE, RW, CN CN CN $ 847,000 PE, RW. CN RW, CN $ 712.000 RW, CN $ 1.622.000 $ 512.000 Subtotal $ 3,462.000 *$ 3.525.000 $ 2.919,000 $ PE. RW $ 362,000 PE RW $ 400.000 PE. RW $ 348.000 Subtotal $ 7,324.000 $ 7,924.000 S 5.838.000 $ $ S 2,919,000 $ S - S Total 5 4 414 $ 2,325,000 $ 3,431.000 $ 10,170,000 $ 33 1 001.1 $ $ 730,000 $ 21_ (,»3 S : 54.000 $ 178,000 $ 80,000 $ 3:7.264.7 S 209.250 $ 306.790 $ 915.300 $ 2.000 $ 3.000 5 1 500.000 S 300 000 2,909,000 - '$ 1,705 000 $ 2.909.000 $ 56 000 $ 1000W S 87 000 000 S 5,818.000 $ $ 11,000 $ 12.000 $ - 5 1 805,000 $ 23,000 $ 4.668,300 r 40 ,0 Val ley 2005 Capital Improvement Projects' Road Construction Projects Barker Road Barker Road Bridge" Pines/Mansfeld Road Design Projects Bridging the Valley - Park Rd Park Road Appieway Road 32nd Avenue Sewer Projects "' Orchard Avenue Inland Johnston Mica Park Sherwood Forest Parks Road Edgerton Mince I Ia ne ous Road Preservation Projects Contingency Project Location Boone Ace. to Spokane Ricer Bridge at Spokane Riker Wilbur Rd to Pines Rd , Pines to 190 Indiana Are to Montgomery Ave Broadway A■e to Indiana Are Tshiriey Road to Hodges Road SR 27 to Best Road Vista to Park, Liberty to S Rnerway East of Park Rd.. Sprague to 190 4th Are Fan to Fells, Appleway to 6th West Dishman Mica. Nina to 16th East Dishman Mica. Archery to 15th 1 90 to Trent. Bradley to Park Trent to Utah. Elizabeth to Park • Project kat based on adopted six -year road and sewer plans •• Partial Construction - 2 -yr prgect Estimate only. plans not yet developed CN CN Subtotal PE, RW $ 661,000 $ 661,000 PE, RW 5 292,000 PE. RW 5 378,000 PE. RW S 184.000 Subtotal S 953,000 S 1,223,000 $ PE. RW, CN PE. RW. CN PE. RW. CN PE. RW. CN PE, RW, CN PE. RW, CN PE, RW, CN Subtotal $ Subtotal $ $ 2.919,000 5 1,629.000 $ 330.000 5 794.000 5 - $ 2.919 000 $ $ $ - 5 Total $ 2,997.000 $ 706,000 $ 1,176000 $ 798.000 $ 1,008.000 $ 1,496,000 S 3.607,000 S 11.788.000 E $ 199.0[X) 5 730.000 $ 500.000 $ «29 070 $ - 5 115,000 S 1,013,000 3 73,000 S 80,000 $ 29,000 5 277,000 $ 1,013,000 $ 129,433 $ 136.449 $ 25.808 $ 322,491 $ 127,016 5 172.362 $ 913.559 $ $ 1 500 000 $ 300,000 - $ 1 800 000 $ $ 3,919.559 Proposed Funding for Current Year Sewer Program City Funds Other Funds Work to be Completed T1B (State) SRTC (Federal) BRAC lFederal) r 40 ,0 Val ley 2005 Capital Improvement Projects' Road Construction Projects Barker Road Barker Road Bridge" Pines/Mansfeld Road Design Projects Bridging the Valley - Park Rd Park Road Appieway Road 32nd Avenue Sewer Projects "' Orchard Avenue Inland Johnston Mica Park Sherwood Forest Parks Road Edgerton Mince I Ia ne ous Road Preservation Projects Contingency Project Location Boone Ace. to Spokane Ricer Bridge at Spokane Riker Wilbur Rd to Pines Rd , Pines to 190 Indiana Are to Montgomery Ave Broadway A■e to Indiana Are Tshiriey Road to Hodges Road SR 27 to Best Road Vista to Park, Liberty to S Rnerway East of Park Rd.. Sprague to 190 4th Are Fan to Fells, Appleway to 6th West Dishman Mica. Nina to 16th East Dishman Mica. Archery to 15th 1 90 to Trent. Bradley to Park Trent to Utah. Elizabeth to Park • Project kat based on adopted six -year road and sewer plans •• Partial Construction - 2 -yr prgect Estimate only. plans not yet developed CN CN Subtotal PE, RW $ 661,000 $ 661,000 PE, RW 5 292,000 PE. RW 5 378,000 PE. RW S 184.000 Subtotal S 953,000 S 1,223,000 $ PE. RW, CN PE. RW. CN PE. RW. CN PE. RW. CN PE, RW, CN PE. RW, CN PE, RW, CN Subtotal $ Subtotal $ $ 2.919,000 5 1,629.000 $ 330.000 5 794.000 5 - $ 2.919 000 $ $ $ - 5 Total $ 2,997.000 $ 706,000 $ 1,176000 $ 798.000 $ 1,008.000 $ 1,496,000 S 3.607,000 S 11.788.000 E $ 199.0[X) 5 730.000 $ 500.000 $ «29 070 $ - 5 115,000 S 1,013,000 3 73,000 S 80,000 $ 29,000 5 277,000 $ 1,013,000 $ 129,433 $ 136.449 $ 25.808 $ 322,491 $ 127,016 5 172.362 $ 913.559 $ $ 1 500 000 $ 300,000 - $ 1 800 000 $ $ 3,919.559 S lll5,i e V al 1eY 2004 Capital Improvement Projects Road Construction Projects Evergreen Road' Park Road - Project 2 18th Avenue - Protect 2 24th Avenue Sidewalk Project Sullivan Road & 4th Ave. Signal Road Design Projects Pines /Mansfield Barker Road Reconstruction Sewer Projects Carnahan Weatherv.00d Sipple Owens Veradale Bums Road Misc Projects Miscellaneous Valley Couplet Road Presenation Projects Consultant Contract • Catty c st !lam 2093 Project Location 18th Ave to Sprague Ave 8th Ave. to 2nd Ave Dishman -Mica to SR 27 Bowdish to Pates SuIIv en & 4th Wilbur Rd to Pines Rd , Pates to 190 Boone to Barker Rd Bridge Barker Road Bridge Replacement Barker Rd. at Spokane Ri.er 1-90 to 8th. Havanna to Eastern McDonald to Merrier. Mission to Mallon Dalton to Rutter. Bradley to Vista Vercier to Merrier, 1-90 to Boone Calvin to Sommer, Springlleid to Main South of Mission Univeniity to Flora Work to be T1B Completed (State; CN' $ 1,557.343 CN S 980,000 CN PE, CN $ 148.000 CN Subtotal $ 2.683.343 PE RW PE. RW PE RW Subtotal PE. RW, CN PE, RW. CN PE, RW, CN PE. RW, CN PE, RW. CN CN CN Subtotal S EA CN PE RW Subtotal S $ 585,000 S 401.000 S 968,000 5 Proposed Funding for Current Year SRTC BRAC Sewer City (Federal) IFederah Program funds 5 vie aw S 155 000 5 26t, S r -. 3 ' S $ 5 5 1.885.200 5 106.000 5 1 971,200 5 5 S 5 5 1 5.000 !130 000 S i0 080 5 5 S $ 561 $ 141000 $ 581.000 $ 1 414 ,•:00 S $ 2.459,000 5 !ICI JUG $ 3,265,000 3 "AA 900 $ 2.773.000 1 1A1 .,•01) $ 424.000 $ 2,701.000 > 284 000 5 31 000 5 50,000 5 5 11,622,000 5 1 010 000 $ Other Funds Total Current Year Coat S 1.605.343 $ 1,175,000 5 2.125.200 $ 198.000 $ 121,700 $ 5.525.243 S 55 000 S 675,000 $ 839,000 S 702.000 55 003 S 2.016.000 $ 2.569,000 $ 3.650.000 $ 2.914 000 $ 424,000 $ 2.985.000 $ 31,000 $ 50,000 $ 12,632.000 $ 15,000 S 830,000 S 60.000 i -05 000 $ 5 905,000 Total 5 3,219,700 $ 21.078,243 Fund: 303 Street Capital Projects Fund Street Capital Projects Fund The Street Capital Projects Fund accounts for monies used to finance the 6 year transportation improvement plan Revenues are transfers from the Arlen& Street Fund, Capital Projects Fund, and Special Capital Projects Fund and bond sake proceeds Expenditures are for matching funds for Transportation Improvement Board and other grants Goals for 2004 Manage the contract with Spokane County to continue Warning. designing, and constructing the improvements Identified in the city's 6-year Transportation I nprmement Plan and the 6 -year Sewer Construction Capital Improvement Detail Budget T . SRTC. 6 BRAC Project 18th Avenue • Project 2, Dishman Mica to Pines S 280,000 Park Road - Project 2, 8th to Appleway 195,000 Pinea/Mansfiaki. Wilbur Rd. to Pines 55.000 Banker Road Reconstruction, PE & RW 238,000 Barer Road Bridge Replacement PE & RW 141,000 Evergreen Road. 16th to 2nd 348,000 24th Avenue Sidewalk Project (PSMP) 52 ,000 1,289.000 Hazard Elimination Safety Prorect Sullivan Road & 4th Avenue Signal (RW & CN) 15,700 Miscellaneous Valley Couplet 15,000 Road Replacement Projects 830,000 Consultant Contract - Sullivan Bridge Repair 60,000 905,000 Rojia Pai.etdacilc Tank Elimination Prooram) Carnahan 110,000 Sipple 141,000 Veradale Please tl 284,000 Weatherwood Gwerm 394,000 Bums Road 31,000 Miscellaneous Protects 50.000 1,010,000 Total Street Capital Projects $ 3,219700 apokan. Valay 2004 Budget Meeting Date: February 17, 2004 CITY OF SPOKANE VALLEY Request for Planning Commission Action Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ® pending legislation AGENDA ITEM TITLE: Proposed Amendment to Chapter 14.804 — Signage Standards — Interim Spokane Valley Zoning Code. GOVERNING LEGISLATION: Spokane Valley Interim Zoning Code APPLICANT: Doug Heyamoto, AIA, Northwest Architectural Co., P.S., representing Valley Hospital and Medical Center. PREVIOUS COUNCIL ACTION TAKEN: The City Council adopted Spokane County's Zoning Code which includes sign regulations. BACKGROUND: The Applicant requests an amendment to allow greater flexibility in size and location of signage for hospitals located in the Urban Residential -22 (UR -22) Zone. Public uses (including hospitals) and schools located in UR -22 zones are allowed one wall sign at a maximum 32 square feet. One freestanding sign is allowed and can be 15 feet tall and 32 square feet in size. Signs measure 4 square feet or Tess are considered incidental and do not require a sign permit. Monument signs under 7 feet in height can be 60 square feet. The Applicant's original proposal (Attachment 1) separated hospitals from other public uses and schools. The proposal would allow hospitals in UR -22 zones to follow sign standards as allowed in commercial and industrial zones. The Planning Commission considered the proposed amendment at a public hearing on January 22, 2004. At the hearing, Planning Staff presented an alternative amendment, allowing larger wall signage but no change to freestanding signage. Staff also recommended not separating hospitals from other public uses and schools. During public testimony, the Applicant supported Staffs recommendation. After hearing public testimony, the Commission voted unanimously to recommend that the City Council adopt the amendment as proposed by Planning Staff. PLANNING COMMISISON RECOMMENDATION: The Planning Commission's recommendation (Attachment 2) allows greater wall signage for all public uses and schools located in the UR -22 zone. STAFF ANALYSIS: Planning Staff agrees that wall sign regulations for hospitals in the UR -22 Zones are too restrictive. Schools, police stations and fire stations are all public uses that arguably should be treated similarly to hospitals. The Planning Commissions recommendation allows wall signs regulations for public uses and schools located in the UR -22 zone as permitted in all commercial and industrial zones. Proposed regulations would allow schools and other K_ public uses (including hospitals) wall signs not exceeding 25% of the total wall area, or a maximum of 250 square feet (whichever is smaller) on every wall. Zoning Code Criteria — Text Amendments The Planning Commission must find the requested text amendment consistent with at least one of the following criteria, as set forth in Section 14.402.020 of the interim Zoning Code: 1. Such amendment is consistent with the Comprehensive Plan and is not detrimental to the public welfare; 2. Change in economic, technological, or land use conditions has occurred to warrant modification to this Code; 3. It is found that an amendment is necessary to correct an error in this Code; 4. It is found that an amendment is necessary to clarify the meaning or intent of this Code; 5. It is found that an amendment is necessary to provide for a use(s) that was not previously addressed by the Code; or 6. Those amendments as deemed necessary by the Commission and/or Board as being in the public interest. The interim Comprehensive Plan states that 'an attractive urban landscape is an asset to the community ". Goal UL.5 encourages "an esthetically pleasing urban environment ". Policy UL.5.5 specifically calls for sign standards that "protect views and minimize signage clutter while still allowing adequate business signage ". The requested text amendment, as recommended by the Planning Commission, is consistent with the interim Comprehensive Plan regarding urban aesthetics and signage. Further, it is in the public's interest to allow for more flexible wall sign standards for public uses in the UR -22 zone. RECOMMENDED ACTION: Move Sign Code Amendment to First Reading. BUDGET /FINANCIAL IMPACTS: N /A. STAFF CONTACT: Scott Kuhta ATTACHMENTS: 1. Application documents 2. Planning Commission Recommendation - Chapter 14.804.070, .080 3. Minutes from January 22, 2004 public hearing. SOW k a iie COMMUNITY DEVELOPMENT DEPARTMENT CODE AMENDMENT SUBMITTAL Submittals should be sent to: City of Spokane Valley Current Planning Division 11707 E. Sprague Ave., Suite 106 Spokane Valley, VA 99206 Suggested revision to the ZONING CODE Ei SUBDIVISION ORDINANCE ❑ OTHER ❑ Date: October 30. 'L003 Proponent: Valley Hospital and Medical Center - Name: David 'Martin Address: 12606 East Mission City Spokane ZIP 99216 Phone: (509) 473 -5465 Proponent's Agent: Northwest Architectural Co., N.S. Name: Douk Hey amoto. A'IA Address: 1203 West Riverside City Spokane ZIP 99201 Phone: (509) 838 - 8240 Summary of Amendment: Valley Hospital and Medical Center is requesting an amendment to the City of Spokane Valley Zoning Code Chapter 14.804 Signage Standards. The proposed amendment will allow VI-IMC greater flexibility in the size and quantity of wall and freestanding building signage currently regulated by the . provisions of Section 14.804.070. Specifically, the. amendment will - permit "hospitals" located in the UR -22 Zone to follow the same standards for wail and freestanding signs as allowed for permitted uses within the B -1. B -2, 13-3,1-2 and 1 -3 Zones. The followinz submittal contains background information and_ justification in support of the requested amendment. Attachments: Exhibit A - Drawing A1.1 Exhibit 13 - Photograplis of Proposed Signage c c RECEIVED Attachment 1 Code Amendment Submittal Valley Hospital and Medical Center Page 3 if the facility is located adjacent to more than one arterial, it will be allowed a freestanding sign for each additional arterial. The square footage allowance from one arterial shall not be transferable to another. The hospital currently has multiple freestanding directional signaee located in the parking lot to assist patients in locating specific hospital services. Non - illuminated wall sh ns are also installed at various locations surrounding the building to identify the entrances into these spccializa:d areas. Section 14.$04.010 removes these signs from being regulated by the Signage Code. 111. Proposed Amendment to Chapter 14.804 Sitzraane Stamdaardc This amendment will allow bospjkd facilities permitted in the UR -22 Zone to follow the same standards for wall anti freestanding signs as allowed for permitted uses within the B-1,13-2,13-3,1-2, and 1 -3 Zones. Wall signs are permitted within the.B -1, B -2, B -3, 1 -2, and 1 -3 Zones as follows: "Wall signs are permitted on each wall of a building provided the wall sign does not exceed twenty- -live percent (25 %) of the total area oldie wall or a maximum area of 250 square feet. whichever provides the smaller area. `False fronts' and mansard roofs shall not be included when calculating the total area of the wall." Freestanding signs are permitted within the 13-1, 13-2, B-3,1-2, and 1-3 Zones as follows: Maximum Arca Maximum Area Zone <100' street frontage >100' street frontage Maximum Height 8-1 50fr' B -2/B -3 100 ft= 1 -211 -3 40 ft' The proposed amendment shall read as follows: CHAPTER 14.804 SICiNACGE STANDARDS 50 ft'` 200 ff 80 ft' 20 feet 30 feet 20 feet REVISE Paragraph 14.804.070 3a(ii) to read: "School/Public use include a schatol (kindergarten through university), hospital, police station, Ore station, post office or public golf'course incinerator, solid waste recycling transfer site, and fills" Alai) Paragraph 14.804.070 3b(i) to read: "Hospital uses in UR -22 Zones shall be allowed to conform with wall signatie standards as perinitted in all conunercial B -.1, 8-2. 8-3 Zones. and all Industrial 1 -2, 1 -3 Zones under Section 14.804.080." AD..7 Paragraph 14.804.070 3c(ii) to read: "Hospital uses in U1?-22 Zones shall be allowed to conform ■'ith freestanding .sign standards as permitted in all commercial 8 -2, 8-3 "Zones under Section 14.804.080." Cole A.rnendrncni Submittal Valley Hospital and Medical Center Paac 2 1. Introduction Valley Hospital and Medical Center (VIAMC) is the only hospital in the City of Spokane Valley, and provides patient care in a regional capacity by serving the eastern portion of Spokane County and adjacent counties, including its neighbors in Idaho and Montana. VHMC, highly regarded .for the duality of medical care it provides to all its patients, is a full service regional hospital offering complete emergency room services, medical helicopter transport, general surgery. adult and pediatric care, and other specialized services. The hospital is in the process of completing a major building addition and remodel to help fulfill the need for expanded patient care. The construction includes significant improvements to the emergency department, operating rooms, radiolog.y, and outpatient. services. Patients who make regularly scheduled visits to the hospital, as well as those requiring emergency care, approach the hospital from numerous directions. Emergency need` include helicopter services, which transports critically injured patients in and out of the facility on a regular basis. VHMC, as a medical service destination point. precipitates the need for visibility and clear signage to identify its location. For an individual in an emergency or Iifc- threatening, situation., the Hospital's location must be apparent and immediate. The current signage standards permitted within Chapter 14.804 of the City of Spokane Valley Zoning Code do not allow the opponunity to provide this needed :identification. Earlier this year, VHMC applied for a signage permit through the County of Spokane to install wall signage in quantities and sizes which fair exceeded the allowable limits of Chapter 14.804 of the County's Sign Ordinance. Upon review and consideration of the Hospital's request, Spokane County agreed to allow one (1) illuminated wall sign not to exceed 300 sq. ft. This size exceeded the County Sign Ordinance by 268 sq. ft., but received a '`grandfathered" exception by virtue of the size of the existing sign it was replacing. The County however, took no further action on the balance of VIIMiC's sign request due to the. pending transfer of the Hospital's zoning . jurisdiction and code enforcement to the City of Spokane Valley.. VHMC's signage needs have not diminished since their previous application to the County of Spokane,.and is therefore requesting an amendment to the City of Spokane Valley Zoning Code Chapter 14.804, Signage Standards. This request is being initiated by the provisions set forth in Chapter 14.402 Amendments. 11. Sianage Standards Under the Current Zonint,, Code (Chapter 14.804) VHMC is located in the Urban Residential-22 zone (UR -22) by which sign structures are governed per Section 14.804.070. A hospital facility is classified as a "public use" building which limits wall signs and freestanding. signs to the following sizes: Wall Signs (1_TR -22 Zone) Max. No. of Signs Max. Sian Area Max. Sheet Elcit ht 1 32 sq. ft. Freestanding, Sions (UR -22 Zone.) Max. No. of Set' s Max. Sign Area 1* 32 sq. ft. N.A. Max. Sign Heiat. .15 ft . Code Amendment Submittal Valley Hospital and Medical Center Page 4 IV. Criteria fur Amendment Chapter 14.402 Amendments outline the process and procedures for the application of an Amendment to the Zoning text. Section 14.402.020.aliows for amending the Code, subject to the proponent demonstrating cause and justification of any of the following criteria: 1. Such amendment is consistent with the Comprehensive Plat and is not detrimental to the public welfare. The proposed amendment to increase the signage limits for a hospital usage in the UR -22 Zone does not contradict or diminish the policies of the Comprehensive Plan. The amendment is consistent with the Plan sin reinforcing the following goals: a. Chapter 2 Urban Land Use - "Develop centers within urban populations by creating focal points which identify a sense of place and offer services to the surrounding residential neighborhood." b. Chapter 8 Economic .Development - "Create a healthy and sustaina.bie regional economy by the retention, expansion, and recruitment of businesses." Adjacent properties surrounding VHMC are also zoned U.R -22. Several properties located near the intersection of Mission and Pines are zoned 13 -2 and 13 -3, which are less restrictive than UR -22 in their signage limitations. Expanded signage for VHMC will be consistent with these zones, and will not have an adverse.effect on the visibility of their neighbors nor their property values. Improved identification will improve the hospital's presence, thereby providing a positive influence on the community's public welfare and safety. Change in economic, technological, or land use conditions has occurred to warrant modification of this Code. Over the years, VHMC has • been progressive in servicing the medical needs of the advancing population of the Spokane Valley and its regional vicinity. This is evidenced by their recent expansion in emergency services, operating rooms, radiology, outpatient .care, and further demonstrated by their commitment in providing these services using state -of- the -art technology. In order to better serve the community's public welfare and safety, it becomes significant that the Hospital be allowed to reinforce its identity and :improve public visibility similar to the type of signage now present at Deaconess Medical Center, Sacred Heart Medical Center, and Holy Family Hospital in the City of Spokane. The vicinity surrounding VHIVIC is primarily zoned UR -22 with 13 -1 and B -2 zones adjacent: Pines Road and UR -3.5 zones further to the east. This area of the City of Spokane Valley is becoming a "hub" for medical and dental providers with VHMC serving as an anchor and focal point to a growing patent of land use dedicated to health care services. Their presence and future vision has attracted health care agencies to adjacent properties which were previously vacant, or non - health related. This has dramatically changed the landscape and fabric of land use patterns within this local neighborhood. As a public destination point, the i- lospital roust make itself aceessihfe and visible to all of its patrons. Approval to increase the level of signage will not only benefit public safety, but will reinforce the Ordinance's criteria of serving a broader community need. Code Amendment Submittal Malley hospital and Medical Center Pare 5 3. It is found that un amendment is necessary to correct art error or clarifi' the meaning and intent of this Code. Section 14.804.070 3a(ii) defines a hospital as a "School/Public Use' facility. It is classified under The same heading as police stations, fire stations, post offices public golf courses, incinerators, solid waste recycling transfer sites or landfills. - Part of the basis behind the proposed amendment is to establish how hospitals differ from these other building types in terms of public us lac, and further define how their signage demands vary due to these differences, Public hospitals serve a much broader population base than post offices, fire stations, public golf courses, etc. Deaconess, Sacred I Hart, and 1 -loly Family Hospital, for example, provide regional service care to outlying counties as well as residents in northern Idaho and western Montana. Hospitals are public destination points whose services have a significant effect on public welfare and the health of our residents. They are a business enterprise which provides a much hither level of public oriented service when compared to post otiiices, fire stations, golf courses, and other - building types characterized in Section 14.804.070 3a(ii). David Tanner, who served on the Spokane County Sign Ordinance Review Committee, concurs that although their group discussed the various types of public building and businesses typical to the UR- 22 Zone, they did not examine every possibility. He states that "A no rime were hospitals thought to he included in the sign requirements of permitted uses within the UR -22 Zone. Had VIINIC or any similar facility been mentioned, it would have been given our full consideration to the highly restricted code requirements of the UR -22 Zone. Cornrnort sense would have dictated the need for large, readable graphics in the Hospital's ease." Public oriented services are crucial to the safety and welfare of the people, and further reinforce Il ia need for visibility and stronger building identification for hospitals. This amendment will correct an oversight or error and revise the interpretation of "hospitals' thereby- providing for higher limits of signage equal to that allowed for in all 13 and 1 Zone businesses. 4. It is found that an amendment is necessary to provide for a use(s) that was not previously addressed by this Code. Chapter 14.804.070 34 ii) addresses hospitals as a ".SchooliPublic Use" facility. As stated in Item #3 above, one of the criteria supporting this amendment is to justify that hospitals provide a Risher level of public oriented service, and that they should be given a higher level of flexibility in building signage. This amendment provides for rernoyine hospitals from "School /Public Use and allowing them to fellow the same signa +ge standards for permitted uses located in the B and I Zones. S. Those amendments as deemed necessary b the Commission and/or City Council as being in the public interest. Public welfare and interest is the primary impetus in requesting that hospitals located in the UR -22 Zone be allowed to follow the signage standards as presented h Section 111 of this Amendment Application. For first time users, visitors, regularly scheduled patients, and those requiring immediate care, the facility's location must be apparent and inviting. it must be readily visible by those patients arriving front the surrounding arterials and the Interstate freeway who are either unfamiliar with the hospital vicinity, or in need of emergency care. Elderly and physically disadvantaged patients rely heavily on the Hospital's services, arid n►aiiv can easily become confused or disoriented without clear and distinguishable signage. Its been proven that a calming environment can effect the emotional state of a patient. Such a supportive environment includes case of way finding which begins Nv a clear sense of building orientation and patient service Code Amendment Submittal Valley Hospital and Medical Center Page 6 direction. Easily finding one's way to and within the facility helps the patient overcome fear and anxiety While incorporating a logical progression of patient .slow. Public jurisdictions outside of the City of Spokane Valley have set a precedence in allowing hospital facilities a higher level of flexibility in building identification. The City of Spokane is the public authority governing Sacred Heart Medical Center, :Deaconess Medical Center, and Holy Family Hospital. The City of Spokane Zoning Ordinance allows the Hearing Examiner, through a Special Permit process, to adjust the sign regulations for hospitals and similar non - residential uses. Deaconess Medical Center recently received a variance through the Special Permit Process to increase the size of wall signage an the north wall of the main hospital building fronting the 1 -90 freeway. The permit process consisted of neighborhood notification of the variance application, a hearing which included public testimony, and a final ruling made in favor of the Hospital by the City of Spokane Hearing Examiner. The Special Permit was a 90 -day process which included public appeal periods. A further example of another nearby, jurisdiction is the City of Coeur d'Alene whose Sign Ordinance classifies hospitals as a "commercial business" and limits freestanding and wall signs as follows: "Where a single business occupies one lot, or when more than one business occupies the saute lot, the total display surface of all signs combined on any business premises shall not exceed sixty (60) square feet or three (3) square feet per lineal foot of street frontage, facing the addressed street frontage of the premises, whichever is larger. The combined area of all signs except for single surface wall signs shall not exceed one hundred (100) square feet per sign, nor three hundred (300) square feet per business premises. (Ord. 2488 Sec. 21, 1992: Ord. 1781 Sec. I (part), 1983: prior code Sec. 4- S- 20(D))" Applying the City of Coeur d'Alene's formula for signage limitations based on street frontage, and subtracting the larger amount of 300 sq. ft. to account for all freestanding signs, yields a total of 1.560 sq. ft. of allowable wall signage. This is well over four times the amount of signage being proposed by VFIMC through this Amendment. Proponent: Date Name Tide Q C7 �42 3 ct NtiVI111.1t ',t- QOti(O Coe.Am.ndronn -U3 I4 Proposed Signage - Valley Hospital ancLluled caI C_e_oter South Elevation Exhibit - B P[oposechSig.nage - Valley _Hospital and Medial Center Northwest Elevation Exhibit - B- �F� i ProposecLSLgnage _ Valle laspLtaLaociNlesical Center East Elevation Exhibit - B DRAFT Planning Commission Recommendation DRAFT Additions /deletions are in Strikethrough /Underline format and highlighted Chapter 14.804 SIGNAGE STANDARDS (Res. 2 -0188, dated February 19, 2002) Section 14.804.010 Purpose, Intent and Scope 14.804.020 General Provisions 14.804.030 Definitions 14.804.040 Exempt Signs 14.804.050 Prohibited Signs 14.804.060 Signs Permitted in All Zones in Connection with Specific Uses 14.804.070 Sign Standards in Agricultural and Residential Zones (EA, GA, RS, RR -10, RC, UR, R -5 through UR -22) Zones 14.804.080 Sign Standards for Business and Industrial (13-1, 13-2., B -3,1 -2 and I -3) Zones 14.804.085 Comprehensive Sign Plan Standards (B-1, B-2,13-3,1-2 and 1 -3) Zones 14.804.090 Freestanding Sign Standards for Aesthetic Corridors (Res. 2-0315, dated March 26, 2002) 14.804.095 Sign Standards for the Industrial Park (I -1) Zone 14.804100 Sign Standards for Mining (MZ) Zone 14.804.110 Sign Location and Setback 14.804.120 Sign Area and Calculation 14.804.130 Maintenance of Signs 14.804.140 Nonconforming Signs 14.804.150 Landscaping for Freestanding and Monument Signs 14.804.160 Sign Illumination 14.804.010 Purpose, Intent and Scope The purpose and intent of this section is to promote commerce, traffic safety and community identity while improving the visual environment of residential, commercial and industrial areas. This section of the Code shall not regulate traffic and directional signs installed by a governmental entity or in a private parking lot; signs not readable from nor intended to be viewed from a public right -of -way; merchandise displays; point -of- purchase advertising displays, such as product dispensers; national flags; flags of a political subdivision; symbolic flags of an institution; legal notices required by law; barber poles; historic site monuments /plaques; gravestones; structures intended for a separate use, such as phone booths, donation and recycling containers; lettering or symbols applied directly onto or flush - mounted magnetically to a motor vehicle operating in the normal course of business. 14.804.020 General Provisions 1. Permit Required: Any on- premises sign shall hereafter be erected, re- erected, constructed, painted, posted, applied or structtually altered in accordance with this chapter and pursuant to a sign permit signed off by the Division of Planning and issued by the Division of Building and Code Enforcement A sign permit shall be required for each group of signs on a single supporting structure installed simultaneously. Thereafter, each additional sign erected on the structure must have a separate sign permit The owner of a sign shall produce a permit upon request. Building permits shall be required as specified in Title 3 of the Spokane County Code. Chapter 14.804 Printed: March 2002 Page 804 -1 Attachment 2 DRAFT Planning Commission Recommendation DRAFT Additionsldetetions are in ice # /Underline format and hag ii(Wiled Permit Applications: All permit applications for signs shall include a site plan that provides the following information: a. The location of the affected Jot, building(s) and sign(s); b. The scale of the site pion; c. A drawing of the proposed sign or sign revision, including sine, height, copy.. structural footing details, method of attsclanent and illumination: d. All existing signs on. the site *chiding their size and height: and e. Tax parcel number. 3. Subarea Plans: Subarea plans approved by the Board of County Commissioners may include requirements other than those provided in this chapter. 14.804,030 Definitions The following words and phrases are listed in Chapter 14.300, Definitions. Billboard, Bulletin Board, Electric Sign, Electronically Changeable Message Sign, Flashing Sign, Freestanding Sign, Freeway Oriented Sign, High Intensity Illumination, Incidental Sign, Individual 13usine. s, Low Intel Lsity Lighting, Monument Sign, Multiple Businesses, Nonconforming Sign, On- Premises Sign, Portable Sign, h eaderboard, Roof Sign, Sign, Support Structures ), Three -Sided Sign, Two -Sided Sign, Video Board, Wall Sign_ 1.4.504.040 Exem Signs The following shall not require a sign permit, provided that these exemptions shall not be Construed as relieving the owner from the responsibility to comply with the provisions of this Code or any ether law or ordinance, including the Uniform Building Code. a. The changing of the advertising copy or message on a lawfully erected sib, readerboard or similar sign specifically designed for replaceable copy. b. Painting.. repainting or normal maintenance, unless a structural or electrical change is made. c. Temporary banners and temporary signs as permitted herein d. Real estate signs as permitted herein. e. Incidental signs. f_ Politicalsigns_ g. bench signs on county rights -of -way, provided approval has been granted for location by the Spokane County Engineer, 14.804.050 Prohibited Sin The following signs are prohibited in all zones unless otherwise specifically permitted_ 1. Signs which by coloring, shape, wording or location resemble or conflict with traffic control signs or deviCeS- 2_ Signs that create a safely hazard for pedestrian or vehicular traffic. 3. Flashing signs 4. Portable signs exceeding mine (9) square feet. 5. All portable rea derboards_ 6. All portable electric signs. 7. Signs attached to or placed on a vehicle or trailer parked on public or private property, provided that this provision shall not be construed as prohibiting the identification of a firm or its product on a vehicle operating during the normal course of business_ Franchised buses and taxis are exempt from these provisions S. Roof signs 9. Video Boards 1{}. (Billboards_ Chapter 14.804 Zonirig Code Printed: March 2002 Page 804 -2 of Spokane County DRAFT Planning Commission Recommendation DRAFT Additions /deletions are in Strik n /Underline format and Highlighted 14.804.060 Signs Permitted in All Zones in Connection with Specific Uses The following signs may be permitted in any zone, subject to the limitations as provided herein. 1. Bulletin Boards: Bulletin boards may be permitted on the premises of public, charitable or religious institutions, subject to the following. a. Such sign shall contain not more than thirty -two (32) square feet in area on a face and may be double- faced. b. No part of the sign shall exceed a height of six (6) feet above the ground. c. The sign, if lighted, shall use low- intensity lighting. d. A thirty-two (32)- square -foot, double -faced sign, no higher than fourteen (14) feet above grade, is authorized for a public or private school on property not less than three (3) acres m size. 2. Temporary Residential Subdivision or Area Name Signs: A temporary real estate sign advertising the prospective sale or lease of a group of lots or dwellings within a tract or apartment complex shall be permitted, subject to the following conditions. a. The freestanding sign shall be located on the premises being sold or leased. b. The sign shall not exceed forty (40) square feet in area on a face and may be double - faced. c. The sign shall remain only as long as property remains unsold or un-leased for the first time within the tract, but not to exceed one (1) year. The Division may extend the one (1.) year time period upon written request by the owners /developers of the project. d. The sign shall be non - illuminated. e. The top of the sign shall be no higher than ten (10) feet above grade of the lot or parcel on which the sign is located. 3. Permanent Residential Subdivision or Area Name Signs: Decorative subdivision or area name signs of a perrnanent character at the street entrance or entrances to the subdivision or area that identifies the name of the subdivision or area only, shall be permitted, subject to the following conditions. a. The sign shall consist of decorative building materials with illuminated, indirectly lighted or non - illuminated name plates or letters, and be located in a maintained landscaped area; and b. The wall(s) and /or sign(s) shall not exceed six (6) feet in height. 4. Temporary Banners, Flags, Pennants, Searchlights and Inflatables: - a. A banner, flag, pennant, or inflatable, may be permitted by the Division for temporary on- premises use only, provided that such display does not have a significant adverse impact on nearby residences or institutions. The temporary use shall be restricted to thirty (30) days per quarter with one thirty (30) day renewal per quarter. If the permit is renewed, the thirty (30) day period for the following quarter is expended and the sign is not permitted during that quarter. b. A searchlight may be permitted by the Division for temporary on- premises use only, not exceeding ten (10) days, provided that such display does not have a significant, adverse impact on nearby residences or institutions. 5. Contractor, Architect, Surveyor or Engineer Signs: One (1) on- premises sign identifying the project, developers, building contractor and /or subcontractors, architect, surveyor and engineer engaged in the construction may be permitted on a property during the period of construction, provided that Chapter 14.804 Zoning Code Printed: March 2002 Page 804-3 of Spokane County DRAFT Planning Commission Recommendation DRAFT Additions/deletions are in etrikethroughlUnderline format and highii jh[Td a. Location of the sign shall be approved by the Division prior to installation: b. The sign shall not exceed forty (40) square feet in area„ and c. The top of the sign shall not exceed ten (1.0) feet above grade of the lot or parcel on which the sign is located. The sign sha.0 be removed prior to final building inspections. However, no such sign shall be maintained for a period in excess of twelve (12) months without approval from the Division. The Division may extend the one (7.) year time period upon written request of the owners /developers of the project 6. Real Estate Sign: a, Residential /Agricultural use or property — Temporary on- premises sign(s) advertising the sale, lease or rental of the building, property or premises, one (1.) per frontage road_ Such sign(s) shall be unlighted, limited in size to five (5) square feet and limited in height to five (5) feet above grade_ A thirty -two (32) s foot sign is allowed on agricultural property of twenty (20) acres or more:, with or without a clwrl]ing on site, b. Commercial /Industrial use 0.1 property —One (1) temporary on- premises sign advertising the sale, Iease or rental of the building, property or premises_ Such sign shall be unlighted, limited in size to thirty -two (32) square feet and limited in height to tee, (10) feet above grade_ c. Open house /directional sign —For (a) and (b) above, an open house /directional sign(s) shall be allowed an each access street (to the property).. Such sign(s) shall not be placed in such a manner as to interfere with vehicular or pedestrian traffic, shall be used when the property is actually open for immediate inspection, shall be unlighted, and shall be limited in size to five (5) square feet and limited in height to three (3) feet above grade, 7, Electronically Changeable Message Sign: a. Electronically changeable message signs shall be permitted. in 8v,siness (P -2 and Fri) and .industrial (1-2 and I -3) zones in accordance with the standards of Sections 14.804.080 through 14 804.160 and their definition 14.804.070 Sign Standards in Agricultural and Residential Zones (EA, GA, RS and KR -10, RC, LFf{�R -5 through -22 Zones Sign structures are permitted in the agricultural and reSideritia] zones in accordance with the following uses and standards: 1. A nameplate, which indicates no more than the name and address of the occupant of the premises, is permitted, provided that such sign shall not exceed a maximum area of five (5) square feet and a maximum height of four (4) feet above grade. 2. A freestanding or waJll sign idei.tify[rng a community residential facility, family day -are home, child day -are center in a resi dence, nursery school, or similar institution is permitted, provided that such sign shall not exceed a maximum area of five (.5) square feet, a maximum height of four (4) feet above grade and is unlighted, 3. Permitted Signs by Use a. The following categories of uses are defined to apply to signage standards provided in Tables 1 and 2 below: i. Residential/Semi-Public uses include a church,. public park, multiple- family dwelling, dormitory, fraternity, sorority, nursing home, retirement apartment, public building, child day -care center, family day -care provider, nonprofit community hall or lodge, animal clinic, cemetery or sanitarium, SchooI /Public uses include a school (kindergarten through university), hospital, police station, fire station, post office or public golf course, incinerator, solid waste recycling transfer site, ox ]ar.t fi]is, Chapter 14.804 Zoning Code Printed: March 2002 Page 804-4 of Spokane County TJ seper 14.864 070 (0 }t u AJ_ _ : ,t h_. . 1vXaxiirii m Ilhi ; r ¢ `sof Ig,—. w 7. -i" 1 20 sq. ft I Residenntial /Sem Pu.b]ic Schools/Public Use n Schools /Public Use 1 32 sq. ft* See.'" Secficin']4 8EIM'_080 Office Office 1* 32 sq. Commercial Uses, Other 1 32 sq_ ft* U s e per 1 4 8Cu�070 () y s a -, F� � ,.. r x mi m , ii m1 €r � vfSl� Sip. , Max imum , Sign 1 Ted '.- 1 � t.,. r. 16 sq. it ' , fa_uir1: ' RSi,pI I el glit _. fi ^ism ��'? 4C e. t' 6 .feet Residential /Sena- Public 1 Schools /Public Use 1 32 sq. ft* 15 feet Office 1 32 sq. ft* 15 feet Commercial Uses, Other 1 32 sq_ ft* 15 feet DRAFT Planning Commission Recommendation DRAFT Additions /deletions are in /Underline format and highlighted iii. Office uses include a bu/.sincss or professional office. iv. Conmii rtiaJ Use /Other shall include commercial uses other than those listed in "i" through "iti" above and other than home industry or home profession. b. On- Prcrr.ises wall signs are permitted, not to exceed the maximum number and size as shown in Table 1.. Wall signs shah be unlighted or have low - intensity lighting, and shall be placed flat against theme ide wail of the main building. i_ SclnooLslPPul3 ie lJs �' n T7J2'�? o f s}tal�:l e,su 'eel Ua:i all;si k stsrtidards,as,:pi rmait d.in'a.11cou of rcialiai -d n usi t'zonesses-speci1 e4 n .SeeLtiuiti`7 $'0080. c. RR - BC UT? R - thrnu h UR -22) Zones and RR -10, RC, UR, R -5 tarot./ h UR -22) Zones Ch apter 14.014 Printed: March 2002 Table 1- Wall Signs - Agricultural and Resid ential Zones (EA, GA, RS and *Multiple office complexes shall he allowed one wall sign per building. ** An office building containing multiple offices shall be allowed a 60 sq. ft maximum sign, area_ On- Premises freestanding signs are permitted, not to exceed the maximum number, size, and height as shown in Table 2. On- Premises freest nding signs shall be unlighted or have low - intensity lighting. Table 2 - Freestanding Signs - Agricultural and Resident; al Zones (EA, GA, RS *Maximum sign area may be increased to 60 sq_ ft for monument sig is seven (7) feet or less in height 4. Multiple :Arterials In the dent the use or group of uses is adjacent to more than one arterial (iiiduding through and corner lots), they will be allowed a freestanding sign(s) exclusively oriented to the additional a.rterial(s). The above allowance shall be calculated independently, using only the additional Zoning Code Page 804 -5 of Spokane County ii. L:i . ::4'.'.4" Y °' '"; i �S , , }$? ... ... xa Z one . ,, 4 ` _: ; • • c.n,zU '�i.� °:tf„ 5." o x , a _ xi mum'AYeaw -, : Q°'.,ax, 10.41:-...{... ,'.,,'° ax¢x, ¢ °4 ; { 0 : ` s ; Ar KP 100:- 3 0 geg . v $ri , w .Y.: .: - .,... KK..i..f , } Ma.iamurr Area% " ,: -{Z;: Y. .. #i .. ..:.;:% . {..%. : ,�xr: x ,. n,, _ .<¢ > j.0C}<':stree frontage:: • _.. Eo::,o . . .. M. ..: « ,:v v:<« -, Y , ..a " . 4 " k 9: w axim 1 i ht x E H a ti x K a , B-1 50 ft 50 ft 20 feet B -2 /B -3 100 ft 200 ft 30 feet 1-2/1-3 40ft 80 ftz 20 feet .. bv2. " o . , ".:. �.3oo.x .. . k .. rye y 1 } S", i ' ss9. "�:�'f r? °�e-r.• � , ' - rm '2= 'YS:;.Sr'P �;� r a ax tiumbe s a , ? - � i.�9X:S ... .. t.;. .ms ; �.-!_ 4 > -'�" { r : .."... . SO'$L c;" . - . 's <.. " r x axt m He i ' �j ` .. B -1 2 100 ft 20 feet 3 -3 1 per 500 feet of street frontage* 200 ft 30 feet I -2/1 -3 1 per 500 fleet of street frontage* 80 ft I 20 feet DRAFT Planning Commission Recommendation DRAFT Additions /deletions are in Strikethro lghlUnderfine format and higl iigh�Egd arterial(s) frontage. However, in no instance shall the square footage allowance from one arterial be transferred to the other(s). 14.8E14.080 Sign Standards for Business and Industrial (B -L 13 -2, B . I -2 and I -3) Zones Any sign, which pertains only to the identification of a permitted use in the 3 -1, 1-2, B-3,1-2 and 1-3 zones and is located entirely on the property with the use or business, is permitted, provided that it complies with the fallowing standards. 1. Wall Signs - Individual and Multiple Businesses Wall signs are permitted on each wall of a building provided the wall sign does not exceed. twenty -five percent (25%) of the total area of the wall or a ma ximum area of 250 square feet, whichever provides the smaller area. "False fronts" and mansard roofs shall not be included calculating the total area of the wall. 2. Freestanding Signs (pole or monument design) - Individual Business One (1) on - premises freestanding sign is permitted. Signs shall not exceed the area and height limits as provided in Table 3. Businesses with multiple frontages may be a[iowed additional si page per 14.804.080(5). Table 3 - Standards for on- premises sign for individual business 3. Freestanding Signs (pole or monument design) - MuJkiple Businesses a. Freestanding on- premises sign(s) for multiple businesses are permitted, not to exceed the number, area and height limits as provided in Table 4. b. Freestanding signage allowed for an individual business under 14.804.080(2) shall not be combined with the sage allowed for multiple businesses under 14.804.080(3). c. The minimum separation between signs shall be 500 feet, as measured from the center of the sign. d.. One (1) of the signs allowed under table 4, may be increased to a maximum height of forty (40) feet above grade and a maximum area of 250 square feet, provided the parcel is contiguous with Interstate 90 and the underlying zoning is Conununity Business (3 -2) or Regional Business (B-3). Table 4 - Standards for or- remises signs fox muJGple businesses *One (7,) freestand ng sign is permitted on parcels with less than 500' of lineal street frontage. Chapter 14_fiO4 Printed Iwiarcb 2002 Page 804 -6 whE1 Zoning Code of Spokane County P ai o ne � yo- <. . ,., v ...... Az.: .r. ..'"-;,.. S7 r' .' . x . i. l e1 number of si g ". h s ••_.;-'..: . �- x. .... 5 . <.... ...... s -- '''. _" - :k*- -ypT"en - fx 'o>.' M1 M Y . '- . “- . o-x t wf . axitr uxn dre . ea i - ..�. t ,. ti-1 2 75 ft B-2 /B -3 2 per 500 feet of street frontage' 90 Eta I -2JI -3 2 per 500 feet of street frontage} 90 ft v - o S K Y ne ,, Fp r , ..... ¢ .. . , G.� .„- a. r "l.x,. y .. •vow ` h%Ia arum number v, of signs.- • '..- "8xui.f.m. v..B mi...1:iy.o'3: °�Maximum each sign 4 — 8 -1 1 75 ft B -2 /B-3 2 90. ft I -2fI -3 2 - . 90ft DRAFT Planning Commission Recommendation DRAFT Additionsldeletions are in fUnderline format and lii Blighted Chapter !4.804 Printed: March 2002 200 ft 3 ns with rr ilumurn 50f7' spacing l+�ultiple business parcel B - and B -3 -rreos 5 300` - - -- - arterial Figure 1- Example of allowed signage on a parcel with 1000 Ieet of frontage- Tvluftiple business parcel B -2 and B -3 zones 200 fe whin with mininu m 406 ) pacing 506' --- ►I l in j a arleriaJ 1(H5D` k OLIO ° o a Figure 2 - Example of :]lowed signage on a parcel with dual frontage. 4. incentive to Substitute Height Restricted Monument Signs) for Freestanding Sign(s) a- . ivionurnent signs, not to exceed seven (7) feet in height, .mar substitute for individual and multiple business signs . under 14.804.080(2 and 3) with maximum sign number(s) and area(s) as provided in Tables 5 and 6. There is no minim :Lurk separation requirement between signs. Table 5 - Standards for on- prerni- es monument signs for individual businesses Table 6 - Standards for on- premises monument si ins for multiple businesses *Two (2) freestanding signs are permitted on parcels with less than 500' of lineal street frontage. Page 804 -7 Zoning Code of Spokane County DRAFT Planning Commission Recommendation DRAFT Adc[itiorrsfdetetions are in iii /Underline format and Chi h9 Flg "[ate arterial Multiple business parcel B -2 and B -3 zones Morurrnenr signs incentive using 919 ft signs 1004' Figure 3 - Example of allowed signage using the incentive for monument s iWE . 5. Multiple Arterials In the event the use or group of uses is adjacent to more than one arterial (including through and corner lots), they will be allowed a freestanding sign(s) exclusively oriented to the additional arterials). The above allowance 5ha7<t be calculated independently, using only the additional arterial(s) frontage. However, m no instance shall the square footage allowance from one arterial be transferred to the other(s). b. Entrance Sign for Industrial Park or Planned Industrial Area An industrial park or planned industrial area may have one (1) Entrance/identification monument sign riot to exceed 150 ft in area and 7 feet in height above grade_ 14.804.085 Modification 1'o_ Sign Standards (I3 -1 B-2, B- 3,1 -2 and I -3) Zones For shopping centers, industrial parks, mixed use developmen and hotel conference centers; the Director may approve a comprehernsive sig plan that deviates from the provisions set forth in section 14.804.080 above, provided the following standards and conditions are met= Y_ The development exceeds the following minimum square foot floor area requirements_ a. 250,000 ftr for a shopping center or hotel conference center. b_ 250,000 ftz of commcrcialjinduskrial. Boor space for a mixed use development c. 300,000 ftz for an industrial park. 2. The applicant shall submit a sign plan that includes the size, location, hei lighting, construction materials and orientation of aII proposed signs in addition to any other inforzna deemed necessary by the staff. 3. The sign plan shall conform to the following standards: aJ Signage shall conform to the standards of section 14.804.080; except that a maximum of three (3) of the allowed signs under 24.804.0$0 may be allowed an increase of 20% in sign height and area over the in axb:r .m allowed in the underlying zone. b. The cumulative sign area of all signs.. including .3a above, shalt not exceed the maximum that would be allowed u.nder 14,804.080. c. The maximum number of signs shall not exceed the maximum that would be allowed under 14.804.080. 4. The sign plan shall be consistent with the Spokane County Comprehensive Plan and the purpose and intent of this chapter,. as determined by the Director. Chapter 14.804 Zoning Code Printed' March 2002 Page 804 -8 of Spokane County .7.'orie Ma*um .number of signs • - °Maziiiiiim /each sign 13-1 2 75 ft B -2/B -3 2 per 500' street frontage* 90 ft I- 1/I -2/I -3 2 per 500' street frontage* 90 ft Zone Maximum.riumber of signs 1 :Maximum area B -1 1 75 ft B -2/B -3 2 per 500' street frontage* 90 ft I- 1 /I -2/I -3 2 per 500' street frontage* 90 ft DRAFT Planning Commission Recommendation DRAFT Additions /deletions are in Str-ikethcougb /Underline format and highlighted 5. Signage shall be installed in conformance with the approved sign plan and the Division of Building and Code Enforcement shall flag parcels subject to the sign plan to ensure that future signage for phased development is in compliance with the plan. 6. The applicant/ owner(s) shall sign a binding agreement ensuring compliance with the approved sign plan. The agreement shall be filed as a deed restriction and shall run with the land and shall apply to present as well as future property owners. 7. Modifications to the approved sign plan shall require reapplication and approval by the Director. 14.804.090 Freestanding Sign Standards for Aesthetic Corridors (Res. 2-0315, dated March 26, 2002) 1. The standards of 14.804.090 shall apply to parcels adjacent to the following designated aesthetic corridors: a. Spokane Valley Couplet (eastbound Appleway Avenue segment only) b. Evergreen Road (between Sprague Avenue and Irndiana Avenue) c. Mirabeau Parkway d. Indiana Avenue (between Pines Road and Flora Road) 2 Wall signs shall be as per Section 14.804.070 or 14.804.080, respective of zoning. 3. Freestanding sign structures adjacent to the aesthetic corridors shall only be permitted in accordance with the following uses and standards: a. All signs shall be of monument type, not to exceed eight (8) feet in height b. In Agricultural and Residential Zones (EA, GA, RS, RR -10, RC, UR, R -5 through UR -22), one monument sign identifying professional office(s) shall be allowed not to exceed thirty -two (32) square feet in area. c. In Business (B-1, 13-2 and 13-3) Zones and Industrial (1-1,1-2 and I -3) Zones monument signs shall be allowed for individual and multiple businesses with maximum sign numbers and areas as provided in Tables 7 and 8. Chapter 14.804 Printed: March 2002 Table 7 - Standards for on- premises monument signs for individual businesses *Two (2) monuments are permitted on parcels with less than 500' of lineal street frontage Table 8 - Standards for on- premises monument signs for multi ple businesses *Two (2) monument are permitted on parcels with less than 500' of lineal street frontage. Page 804 -9 Zoning Code of Spokane County DRAFT Planning Commission Recommendation DRAFT Additionsldeketions are in Stfiket eug#1Underiine format and highlighted 4_ Entrance Sign for Industrial Park or F1 anned Industrial Area An industrial park or planned industrial area may have one (1) entrance /identification monument sign not to exceed 150 Fe in area and 7 feet in height above grade. 5. Any business that was lawfully established. in accordance with the Spokane County Zoning Code and had purchased or had a duly executed contract to purchase signage along a designated aesthetic corridor prior to May 1, 2001, shall be allowed to apply for a building permit for said signage_ Said permit shall conform In the signage regula in place immed.iately prior to May 1, 14.604.095 Sign Standards far Industrial Park {I-1) Zone 2_ Two (2) square feet of sign, up to a maximum of one hundred (100) square feet shall be . permitted on the front of the building for every lineal foot of building frontage, or the same sign footage encompassed within a freestanding sign of the same architectural style as the building, no higher than six (6) feet from ground level and placed within a lawn or totally landscaped are-a. 2. One (1) square foot of sign, up to a maximum of fifty (50) .square feet, shall be permitted on the side or rear of a building for every lineal foot of building frontage when said side or rear is oriented to or faces a public parking area or street or, in the case of a side yard of a corner Jot, the same sign footage encompassed within a freestanding sign of the same architectural style of the building, no higher than six (6) fact from ground level and placed zthin a lawn or totally landscaped area_ .3. All wall signs shall be flat against the building or structure and shall not extend above the top of the wall. Freestanding signs shall not exceed six (6) feet in height 4. One (1) name plate for each tenant accessed by that entrance, not exceeding two (2) square feet in area, containing the name and address of an occupant wilt be allowed at every exterior entrance to a building_ 5, Unimproved property shall be permitted one (2.) freestanding for sale, lease, or rent sign not to exceed six (6) feet in height and thirty -two (32) square feet of surface area, 5_ No sign may encroach upon, or overhang, adjacent property or public right -of -way. 7. Painted signs on buildings, including those attached on or to the surface of windows, are prohibited. 8. All sign illumination shall be from the interior of the sign, provided that indirect lighting shall be permitted if the light source is not visibte from public parking, public road or street. Exposed neon tubing shall ri ot be permitted. Normal sign maintenance shall be permitted, tncluding name change of the firm or company. 9. Logos or identification symbols shall be considered signs arid shall conform to all provisions of this section_ in_ No sign visible from a public road or street shall be constructed or maintained to flash, rotate or in any way simulate motion. Lights that resemble traffic signals are riot allowed. it The square footage of a sign made up of letters, words or symbols shall be determined from the outside edge of the frame itself_ The square footage of a sign composed of only letters, words er symbols shall be determined from imaginary straight lines drawn from. high point to high point Chapter 14.804 Zoning Code. I rioted: March 2002 Page 804-10 of Spokane County DRAFT Planning Commission Recommendation DRAFT Additions /deletions are in Striket iough!Underline format and highlighted around the entire copy or grouping of such letters, words or symbols. Those portions that are an integral part of the sign display shall be considered in the determination of square footage allowed. An obvious border designed as a.n integral part of a sign shall be calculated in the total square footage allowed. All measurements for sign height shall be from grade to the topmost part of the sign. 12. No sign in an Industrial Park site shall be constructed or located as to constitute a nuisance or in any way be detrimental to immediately adjacent uses as determined by the Planning Director. Signs will be allowed in any yard, provided the 'clear view triangle° requirements in Section 14.810.020(2) are met No sign shall be allowed adjacent to points of ingress or egress as to obstruct or impair site distances. 13. A parking directional sign shall be permitted at each major entrance to a parking lot, provided that such signs shall not exceed six (6) feet in height and fifteen (15) square feet per face, and are located within a landscaped area. 14.804.100 Sign Standards for Mining (MZ) Zone Any sign which pertains only to the identification of a permitted use in the Mining Zone (MZ) and is located entirely on the property of such use is permitted, provided that it complies with the following conditions. 1. An individual establishment may have one (1) permanent freestanding sign not to exceed thirty two (32) square feet in area. 2. No sign shall project more than fifteen (15) feet above grade. ` 3. In the event a use is nonconforming but could be outright permitted in the B -2 and /or B-3 zones, the Mining Zone signage requirements will follow those for 13- 2/13 -3 zones under Section 14.804.080. 14.804.110 Sign Location and Setback 1. All signs shall be located so that they: a. Do not interfere with vehicular or pedestrian accessibility or sight distance; b. Conform to the provisions of Section 14.810.020(2), the clear view triangle; c. Do not overhang or be located in any public right -of -way; and d. Comply with any restrictions of the Federal Aviation Administration (FAA) and Airport Overlay (AO) Zone. 2. All signs shall be located and set back as follows: a. Any portion of a sign (including structural supports) that is higher than three (3) feet and Less than seven (7) feet above grade shall be located a minimum of ten (10) feet back from any public right -of -way, unless it can be demonstrated that the location of a structural support or monument sign will not create an adverse impact with regard to sight distance of vehicles entering and exiting the site. b. Structural supports less than two (2) feet in width, measured at any point on the support, and three (3) to seven (7) feet above grade, shall be exempted from (a) above. Chapter 14.804 Zoning Code Printed: March 2002 Page 804 -11 of Spokane County DRAFT Planning Commission Recommendation DRAFT Additions/deletions are in Stri-ketk uglaJUnderIir}e format and trig ilighitea 1.4.804.120 Sign Area and Calculation 1. Sign area for wall signs is equal to the message area of a sign. including graphics, letters, figures, symbols, trademarks or written copy as shown in Figure 4. 2_ The sign area of a freestanding sign consisting of one sign shall be calculated as shown in Figure .5 below_ The sign area of a freestanding sign consisting of more than one (1) sign shall be computed b adding together the total area(s) of all signs as shown in Figure 6 below_ Any portion of the sign not necessary for structural support of the sign or any structural support greater than two (2) feet in width shall be. considered in the determination of the square footage of the sign. A 1.U% increase in sign area is allowed for decorative framing or borders. Area Calculation does not include decorative rocks or Landscaping a djacent to a n,onu.mcnt sign. Printed: March 2002 A SIGN Figure 5 1.4.804.7.30 Maintenance of Signs PETE'S PRO GOLD ---- ■i -. Figure 4 MMMM ==== MEMMM ■ - -. 4,- SIGN 1 1 - Ar SIGN 2 1 y,� A Figure 6 1 3. The sign area for ultiple-sided signs shad be calculated as follows: a, The total sign area for a two -sided sign shall be calculated using one (1) face, therefore allowing both faces to be of equal size (for example a i ro -sided sign has two (2) face with 18 square feet per side., therefore the sign area is 18 square feet). b. The sign area for a three -sided sign shall be equal to the total amount of sign area a one -sided or two-sided sign is allowed (for example, in item 3a above, a two -sided sign is allowed 18 square feet of sign area per side which equals 36 total square feeL If a three si ded sign is used instead of a one-sided or two-sided sign, the three -sided sign may allocate the 36 total square feet among three sides, therefore allowing three sides with 12 square feet per face for a total of 36 square feet of sib area) 1. Any signage that has been approved or that has been issued. a permit shall be rna rdained by the owner or person in possession of the property on which the sign is located. Maintenance shall be such that the signage continues to conform to. the conditions imposed by the sip permit Chapter 14.$04 Zoning Cod Page 804 -12 or Spokane County DRAFT Planning Commission Recommendation DRAFT Additions /deletions are in Stfikethrough /Underline format and fiigh1ighted 2. Any damaged sign base shall be repaired within sixty (60) days. 3. Any signage which has been damaged to such extent that it may pose a hazard to passersby shall be repaired or removed immediately. 14.804.140 Nonconforming Signs Nonconforming signs (those that were permanently installed and legally erected prior to the adoption of this Code), shall be allowed to continue in use so long as they are continuously maintained, are not relocated, and are not structurally altered or made more nonconforming in any way. Signs over 40 years old that are classified as historically significant by the historic preservation officer shall not be considered as nonconforming signs. 14.804.150 Landscaping for Freestanding and Monument Signs All freestanding and monument signs shall be located in a landscaped area. Landscaping should be appropriately sited to ensure that signs are not blocked or obscured by trees or bushes. 14.804.160 Sign IDumination Externally illuminated signs shall have low intensity lighting, confined to the sign, and positioned a.nd shielded to minimize impacts to the surrounding area(s). Internally illuminated signs shall have low intensity lighting. Chapter 14.804 Zoning Code Printed: March 2002 Page 804 -13 of Spokane County DRAFT Planning Commission Recommendation DRAFT Additions /deletions are in Striket rough /Underline format and highlighted This page intentionally left blank Chapter 14.804 Zoning Code Printed: March 2002 Page 804 -14 of Spokane County M. ROLL CALL Fred .Beaulac — Present: Bob Blum — Present David Crosby — Present Gail •Kog le — Present Spokane Valley Planning Commission DRAFT Minutes Council Chambers — City Hall 11707 E. Sprague Ave. January 22, 2004 I. CALL TO ORDER Bill Gothmann, Planning Commission Chair, called the meeting to order at 6:33 p.m. II. PLEDGE OF ALLEGLAIQCE The Commission, audience, and staff recited the Pledge of Allegiance. IV. APPROVAL OF AGENDA Commissioner Robertson moved that the agenda he approved as presented. Commissioner Blue seconded the motion. Motion passed Unanimously. V. APPROVAL OF MINUTES it was moved by Commissioner Beaulac and seconded by Commissioner .Kogle that the minutes of the January 8, 2004 Planning Commission meeting be approved as presented Motion passed unanimously. Vi. PUBLIC COMMENT There was no public comment. Bill Gothmann — Present Tan Robertson —Present John G. Carroll — Excused Absence VIII. COMMISSION .REPORTS Commissioner Beaulac reported on the Transportation- Oriented Development Committee meeting on January 21 Crandall Ararnbula, PC, passed out its proposal for the Spokane Regional Light .Rail Project, which included an excellent development plan for a Spokane Valley City Center at the former site of University City. A copy of the proposal was given to all Commissioners. Commissioner Gotbrnann just returned from a visit to Arizona, and he reported on the City Centers in Scottsdale and Mesa. He was impressed with Mesa's integrated design. 117. ADMINISTIIATIVE REPORT The Joint Planning Commissioners meeting is scheduled for January 28` from 11:30 a,ni. to 1:30 p.m at the Downtown Library, lvleeting Room 18_ Director Attachment 3 DRAFT DRAFT Sukup asked Commissioners to let staff know if they planned to attend this meeting so a Notice of Public Meeting can be posted 24 hours in advance. Kevin Snyder, Current Planning Manager, presented the Commission an informational overview of the Street Vacation Ordinance, which was approved by City Council on January 20 Street 'Vacation is a request to remove a portion of street from public ownership and place it into private ownership. The City began working on this issue last summer_ The new ordinance will take effect five days after publication. The Commission was briefed on the background of the Street Vacation Ordinance. Since Street Vacations are a land use issue, the Planning Commission will hold hearings and forward recommendations to the City Council for adoption, Street Vacation requests will likely be a frequent item of business on Planting Commission agenthc in the near future. LX.. COMMISSION BUSINESS A. OLD BUSINESS: Continuation of Floodplain Ordinance Public flearing Conclusion Chairman Gothmann called the continuation of Planning Commission deliberation to order at 6 :45 p.m. Public Testimony was concluded on January g Director Sukup explained to Commissioner Blurry that she had responded to Mr. Frost's concerns with a letter, copies of which were sent to the Planning Commission. She recommended that two words be added to the document that the Commission discussed at the last meeting. Commissioner Gothmann gave the Planning Commission a brief overview of a professional engineer's obligations with regard to the certification process and standards of practice. Commissioner Dlurn asked if citizens will be allowed to go to staff instead of the Hearing Examiner with FEMA map errors. Director Sunup explained that FEMA map errors are normally handled by the Floodplain Administrator, and they go to the Hearing Examiner only if the Floodplain Administrator's decisions are appealed. Commissioner Blum requested a change in language to make this matter clearer. Director Sukup suggested the following amendment to Section 5.04.04.5 Interpretation of Firm Boundaries (last sentence): The person contesting the interpretation of the Floodplain Adminiviratcrr in relation to the location of the boundary shall be given a reasonable opportunity to appeal the intcrpr eta n- astproiAided pursuant 16 the procedures outlined in Section 5.05. " 2 DRAFT DRAFT Commissioner Robertson moved that the Planning Commission amend the last sentence in Section 5.04.04.5 — Interpretation of Firm Boundaries, as per Director Sukup's suggestion. Commissioner Kogle seconded the motion. Motion passed unanimously. It was moved by Commissioner Robertson and seconded by Commissioner Beaulac that the Planning Commission recommend the Floodplain Draft Ordinance, as amended, to the City Council. Motion passed unanimously. Commissioner Beaulac commended Director Sukup for her excellent work in addressing Mr. Frost's concerns. B. NEW BUSINESS: Public Hearing — Sign Code Revision Commissioner Goth.mann called the Public IIearing for a Proposed Amendment to Chapter 14.804 — Signage Standards — Interim Spokane Valley Zoning Code to order at 7:07 p.m. Scott K.uhta, Associate Planner, presented a staff analysis and recommendation to the Planning Commission. The applicant, Valley Hospital and Medical Center, requested code changes that would provide greater flexibility in the UR. -22 Zone for hospitals. These changes included the size of both wall signs and freestanding signs. In keeping with Comprehensive Plan requirements, staff recommended the following changes to the UR. -22 Signage Standards: • The city not separate hospitals out from other public use businesses in the UR -22 Zone. • Maximum wall signage would be increased up to 250 square feet. • No changes will be made to the freestanding sign standards. The Hearing was open to applicant: testimony at 7:17 p.m. Doug Hevamoto, 1203 W. Riverside, Northwest Architectural Company Spokane, WA: Mr. Heyamoto gave a brief PowerPoint presentation to the Planning Commission showing them what type of new wall signage is being proposed for the Valley Hospital and Medical Center. Providing larger wall signage will enable people unfamiliar with the Spokane Valley to find the Hospital more easily in an emergency situation. The applicant has read the staff recommendation and is in favor of other public use businesses benefiting from the amended UR -22 sign code. The applicant is also in favor of not changing the freestanding sign size at this time. 3 DRAFT DRAFT Chairman Gothmann opened the Hearing to Public Testimony at 7:30 p.m. David Tanner, 429 E. Sprague, L & L Architectural Sign, Spokane, WA: Mr. Tanner spoke in favor of the Sign Code Text Amendment. Dave Martin, Valley Hospital and Medical Center, Spokane Valley, WA: Mr. Martin spoke in favor of the Sign Code Text Amendment. He serves as the Director of Support Services and Risk Management at Valley Hospital and Medical Center. (VJIVIC). He noted the Medical Center will conclude construction this Spring with new signage as the last portion of its remodeling project. He believes that enhanced signage would add to the public safety of Valley citizens VHMC supports the City Staff Analysis and Recommendation. Commissioner Gothmann also placed a handwritten letter from Jan Hannink, 1 S. Wilbur Road, Spokane Valley, WA into the public record supporting the proposed revisions for wall signs. She does not favor changing the code to enlarge f. signs. The Public Testimony portion of this Public Hearing was closed at 7:33 p.m Commissioner Gothmann stated that since the area surrounding the Medical Center is becoming an extended medical community, the Planning Commission may want to encourage a rezoning of that area to reflect its unique function. Commissioner Robertson moved that the Planning Commission recommend Staff Recommendations for amendment to Chapter 14.804 — Signage Standards — Interim Spokane Valley Zoning Code to City Council The motion was seconded by Commissioner Blum. Motion passed unanimously. The Planning Commission took a five- minute break. Public Hearing — International Building Codes Commissioner Gothmann called the Public IIearing on the International Building Codes to order at 7:42 p.m. Tom Scholtens, Building Official, gave an overview of the proposal to adopt Establish Article III of the Spokane Valley Uniform Development Code adopting the International Building Codes and certain appendices. Mr. Scholtens recommended that the ordinance be made effective on the July P statutory deadline. This will allow both builders and City Staff to 4 DRAFT DRAFT become familiar with the new requirements. Mr. Scholtens also proposes to amend the existing code relating to sprinkler systems as an interim measure. Commissioner Beaulac asked Mr. Scholtens to describe a "blighted structure ". Mr. Scholtens responded that these are "junk buildings ", similar to junk autos. The new Building Code brings the City Council into the solution of this problem. Chairman Gothmann opened the Hearing to Public Testimony at 8:02 p.m. Edwin "Larry" Andrews 11, 1503 E. Wabash, Spokane, WA Mr. Andrews asked to speak against adoption of the International Building Code as the new Spokane Valley Building Code. Mr. Andrews provided the Planning Commission with a 22 -page document detailing the objections of a number of Washington State companies, contractors, unions and associations opposing adoption of the IBC. Mr. Andrews spoke to the following issues: 1. Only code officials will have the right to vote on any changes. 2. The International Mechanical Code has no propane code and no oil code. Mr. Andrews does not feel the National Electrical Code to be as safe at the Uniform Code, and he Ends the UL requirements restrictive. 3 Statewide Contractors did not succeed with their fight against Washington State's adoption of the International Building Code because they could not afford to fight the powerful lobby in favor of HB 1734. 4 The cost to his company for changing over to the International Building Code standards will be over $5,000 for retraining and purchase of books. There will also be a significant cost to contractors for new materials. 5 Sheetrock standards are reduced in the International Building Code. 6 The existing code prevents storage of "heavier than air" gases in basement areas. He believes the new code does not address this issue satisfactorily. 7 Mx. Andrews is not in favor of the City putting unnecessary commercial restrictions on commercial businesses. 5 DRAFT DRAFT Commissioner Kogle asked Mr. Andrews why coffee roasters use unlisted equipment. Mr. Andrews responded that many coffee roasters purchase their equipment overseas for around $60,000. They are unique pieces of equipment and typically remain unlisted. To have them listed would cost the coffee roasters up to $500,000. The Public Testimony portion of this Public 1-Iearing was closed at 8:22 p.m. Commissioner Blum asked Mr. Scholtens if there was an alternative to adoption of the Building Codes. Mr. Scholtens responded that the Washington State Legislature has required the International Codes and that Mr. Andrews' objections had been raised during public testimony last year in Olympia before passage of FIB 1734. Commissioner Gothmann asked if the community had been given an opportunity to be involved in the development of the proposed Building Code. Mr. Scholtens responded that the proposed code is mandated by the state and there is little room for discussion. The Spokane Homebuilders Association, 5813 E. 4 Avenue, Suite 201, Spokane Valley, WA submitted a letter with the following recommendations (attached): • Adoption of the International Code effective July 1, 2004. • Allow contractors to operate under the current code until July 1, 2004 or allow them the option of operating under the International Codes. Following discussion, the Public Hearing was closed at 8:34 p.m. It was moved by Commissioner Blum that the Planning Committee delay a vote on the adoption alike International Building Code until the next meeting. Cofnrnissianer Crosby seconded the motion. Motion passed unanimously. Director Sukup noted that proposed amendments will include an amendment to the existing ordinance revising sprinkler requirements between now and July 1, 2004. X. FOR THE GOOD OF THE ORDER Mr. McCormick reminded Commissioners to let staff know if they plan to attend the Joint Planning Commissioners meeting next week. He will be emailing them a lunch menu. DRAFT DRAFT XI. ADJOURNMENT There being no further business, the mceti.ng was adjourned at 8:45 p.m. SUBMITTED: APPROVED: Debi Alley, Administrative Assistant Bill Gothmann, Chairman 7 PREVIOUS COUNCIL ACTION TAKEN: N/A CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 17, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing X information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: initial Discussion of Signage GOVERNING LEGISLATION: Chapter 14.804 Signage Standards Interim Zoning Regulations BACKGROUND: The City Council adopted Chapter 14.504 of the Zoning Code of Spokane County as interim regulations governing signage. The provisions were adopted by Spokane County in 2002 following a multi-year study effort, One of the primary effects of the regulation was to prohibit new billboards and off- premises signs. Spokane County sought an advisory vote on the amortization of existing billboards_ Although the measure passed, it was noted that the majority of the billboards were located within the boundaries of the newly incorporated City of Spokane Valley_ WsDOT reviews all sign applications adjacent to Interstate 90, Pines (SR 27) and Trent (SR 290). Signage regulations distinguish between off- premises, on- premises, attached (wall) signs and freestanding signs. Freestanding signs may be monument or pole types. RECOMMENDED ACTION OR MOTION: City Council direction on the aspects and issues of signage regulations that should be reviewed_ BUDGET /FINANCIAL IMPACTS: N/A STAFF CONTACT: Marina Sukup, Community Development Director ATTACHMENTS: Spokane County Sign Committee September 2001 Staff Report Zoning Code Amendment Chapter 14,804 Signage Standards Interim Zoning Regulations Marina Sukup From: Scott Kuhta Sent: Friday, February 13, 2004 8:58 AM To: Marina Sukup SPOKANE COUNTY SIGN COMMITTEE E Subject: FW: signcomm.PCreport.doc — Original Message-- - From: Davenport, Steve [ mailto :SDavenport@spokaneoounty.org] Sent: Friday, February 13, 2004 8:48 AM To: Scott Kuhta Subject: signoomm.PCreport.doc WEDNESDAY, FEBRUARY 18, 1998 9:00 A.M. PUBLIC WORKS BUILDING WEDNESDAY, MARCH 4, 1998 9:00 A.M. PUBLIC WORKS BUILDING WEDNESDAY, MARCH 18, 1998 9:00 A.M. PUBLIC WORKS BUILDING WEDNESDAY, APRIL 1, 1998 9:00 A.M. PUBLIC WORKS BUILDING WEDNESDAY, APRIL 15, 1998 9:00 A.M. PUBLIC WORKS BUILDING WEDNESDAY, MAY 6, 1998 9:00 A.M. PUBLIC WORKS BUILDING 2/13/2004 SPOKANE COUNTY SIGN COMMITTEE MEETING DATES WEDNESDAY, MAY 20, 1998 9:00 A.M. PUBLIC WORKS BUILDING WEDNESDAY, JUNE 3, 1998 9:00 A.M. PUBLIC WORKS BUILDING WEDNESDAY, JUNE 17, 1998 9:00 A.M. PUBLIC WORKS BUILDING WEDNESDAY, JULY 29, 1998 9:00 A.M. PUBLIC WORKS BUILDING WEDNESDAY, AUGUST 12, 1998 9:00 A.M. PUBLIC WORKS BUILDING Page 1 of 2 SPOKANE COUNTY SIGN COMMITTEE Page 2 of 2 THE SIGN COMMITTEE The Current Planning Subcommittee "advertised" for citizens to contact the Division of Building and Planning if they were interested in serving on a committee to help review and re -write the county's sign standards. The "advertisement" was located in the Public Periscope section of The Spokesman- Review. Numerous individuals called and were mailed an application to serve on the committee ( a copy of the application is attached). Twelve applications were submitted to the Current Planning Subcommittee. Of the twelve applicants, seven were selected to serve on the committee. The goal of the Current Planning Subcommittee in its selection process was to create a balance of citizens and the sign industry so that both groups were represented as equally as possible. Those that were not selected were invited to attend the meetings as an observer. A list of the committee members is attached. The Committee held numerous meetings from February through August. At its first meeting, the Committee discussed whether or not the entire sign code should be re- written or just reviewed and changes made where necessary. The Committee voted to retain the existing language and just review and modify where necessary. The Committee members strived to reach consensus regarding any changes to the regulations. Although there were many items that reached consensus, there are several items that were not agreed upon by the Committee members and will likely be debated at the Planning Commission's hearing. These issues include billboards, freeway- oriented signs, roof -top signs, and enforcement provisions. The final draft of the committee is enclosed for review by the Planning Commission. 2/13/2004 David Tanner Page 1 of 2 Scott Kuhta From: Davenport, Steve [SDavenport @spokanecounty.org] Sent: Friday, February 13, 2004 8:49 AM To: Scott Kuhta Subject: signcomm.addresslabels.doc David Tanner L & L Sign and Display 429 E. Sprague Spokane, WA 99202 Carl Kirkham 6009 S. Donora Dr. Spokane, WA 99223 Marion Boenheim 5807 S. Sorrel Spokane, WA 99224 Dr. Judith Personett 6814 W. Parkway Rd. Nine Mile Falls, WA 99026 Nathan Batson American Electronic Sign 3808 N. Sullivan, Bldg. # 10 Spokane, WA 99216 -1670 Curt Messex 15615 S. Salnave Rd. Cheney, WA 99004 2/13/2004 Casey Gray Gray Outdoor Advertising 1818 W. Francis, # 153 Spokane, WA 99205 Duane Halliday Pridemark Outdoor Advertising PO Box 2626 Spokane, WA 99220 John Johnston 1134 W. Providence Spokane, WA 99205 Tom Townsend 6022 S. Dearborn Spokane, WA 99223 Janet Hannink 1321 S. Wilbur Rd. Spokane, WA 99206 Sandy McCauley 4607 S. Skipworth Spokane, WA 99206 Spokane County Public Works Department Page 1 of 6 Marina Sukup From: Scott Kuhta Sent: Friday, February 13, 2004 8:57 AM To: Marina Sukup Subject: FW: Final Staff Report sign chapter.doc --Original Message-- - From: Davenport, Steve [ mailto :SDavenport©spokanecounty.org] Sent: Friday, February 13, 2004 8:56 AM To: Scott Kuhta Subject: Final Staff Report sign chapter.doc BACKGROUND AND HISTORY: 2/13/2004 Staff Report Zoning Code Amendment Chapter 14.804, Signs September 2001 Purpose The purpose of this report is to provide a summary of the work related to the proposed amendment of the Spokane County Zoning Code, Sign Chapter 14.804. The report includes a summary of the Spokane County Planning Commission recommendation as well as a staff alternative recommended by Public Works Department Staff. The full texts of the PC and staff recommendations are included as Attachments 1 and 2 respectively. Sign Committee In early 1998 the Spokane County Sign Committee was formed under the direction of the Planning Commission (PC). The Committee developed a draft amendment to the County's signage standards in September of 1998. On November 12, 1998 the PC voted to separate billboards from on- premise signs in the Committee's proposed signage code amendments, and to set aside other sign issues until the Comprehensive Plan was adopted. The PC and the Board of County Commissioners (Board) subsequently addressed the issue of billboards. Moratorium and Interim Zoning Ordinance On May 1, 2001 a Moratorium on Freestanding On- Premises Signs was adopted by the Board pursuant to Resolution 1 -0390, precluding the acceptance of applications for building permits for Freestanding On- Premises Signs on parcels adjacent to the following rights of way: a) Spokane Valley Couplet (eastbound Appleway Ave. segment only) b) Evergreen Road (between Sprague Ave. and Indiana Ave.) c) Mirabeau Parkway d) Indiana Ave. (between Pines Road and Flora Road) With the adoption of the sign moratorium, the Board directed staff and the PC to recommend Spokane. County Public Works Department Page 2 of 6 amendments to address the impacts of excessive signage clutter. The Board, pursuant to Resolution 1- 0733, replaced the moratorium on August 7, 2001 with an interim - zoning ordinance to allow limited monument signs in the interim period while the PC and staff were considering the amendment. 2/13/2004 Spokane County Public Works Department Page 3 of 6 P lanning Commission Consideration At a meeting on May 17, 2001, the PC developed an amendment proposal by modifying the Sign Committee's 1998 recommendation. The modifications included developing alternatives throughout the document for consideration at a public hearing. A public hearing was held on June 14. The PC continued the decision for deliberations on the following dates: June 28, July 12, July 19, July 26, August 2, August 16, and August 23, 2001. The PC made its recommendation on August 23, 2001. S tate Environmental Policy Act (SEPA) The Spokane County Division of Planning prepared an Environmental Checklist for a non - project action pursuant to WAC 197 -11 and the Spokane Environmental Ordinance, County Code Section 11.10; and on May 25, 2001, a Determination of Nonsignificance was issued. Planning Commission Recommendation: The PC's recommendation modifies the existing signage standards, Chapter 14.804, of the Spokane County Zoning Code including format and wording changes throughout the document. The full text of the PC recommendation is included as Attachment 1. Some of the major changes are summarized as follows: Sign Standards in Agricultural and Residential Zones Changes include the addition of a monument sign option for offices and the addition of elementary school standards to 14.804.070 (6, c) (formerly 14.804.080, 6) Sign Standards for Business and Industrial Zones Wall Signs Wall signs are allowed on each wall of a building not to exceed 25% of wall area rather than allowing 100% coverage on two walls per the current code. Number of Signs • The number of signs for B -1, 1 -2, and 1 -3 individual businesses is increased from one (existing code) to a maximum of 2 signs, depending on street frontage. • The number of signs for B -2 and B -3 zones is similar to the current code; however, the PC recommends additional signage allowances for businesses with multiple frontages. Sign Size • In a B -1 zone for multiple businesses, maximum sign area was reduced from 150 sq. ft. to 100 sq. ft. • In the B -2/B -3 zones, the maximum sign size was reduced for the initial sign (250 sq. ft. to 200 sq. ft.) but remains the same as the current code for any additional signs (200 sq. ft.). • One of the multiple business signs in the B -2/B -3 zones is allowed to increase in size to 250 sq. ft. and in height to 40 feet if the parcel is contiguous to Interstate 90. The current code allows freeway oriented signs to be 60 feet in height and 400 square feet. • In the 1 -2/1 -3 zones, the sign size is allowed to increase from 40 sq. ft. (current code) to 80 sq. ft. if the parcel has greater than 100 feet of frontage. For 1 -2/1 -3 zones that have multiple businesses the PC recommendation allows one sign per 200 feet of frontage, whereas, the current code allows one sign per business. Sign Separation A sign separation requirement of 200 feet for multiple business signs is recommended. The current code does not require separation. Sign Height • In B - 2/B - 3 zones for individual businesses, maximum sign height was reduced to 30 feet from 2/13/2004 Spokane County Public Works Department Page 4 of 6 35 feet in the current code. • In B -2/B -3 zones for multiple businesses, maximum sign height was reduced to 30 feet from 40 feet in the current code, and freeway oriented sign height was reduced to 40 feet from 60 feet in the current code. • Optional monument sign height is 6 feet for all zones. Incentives for Monument Signs As an incentive, the number of signs for individual and multiple businesses can be increased, by substituting monument signs for higher freestanding signs. • Signs shall be six (6) feet or less in height. • There is no minimum spacing requirements between signs. • B -1 allows two (2) signs for multiple businesses. • B -21B -3 allows two (2) signs per street frontage for individual businesses, and one (1) sign per 100 feet of street frontage for multiple businesses. • 1 -2/1 -3 allows two (2) signs for individual businesses, and one (1) sign per 100 feet of street frontage for multiple businesses. Sign Area Calculation The PC recommendation would change the method for calculating the area of freestanding signs. The sign area would be based on an outline of the message area, not the total sign cabinet or structural area. In addition, pole coverings, below the sign and with no message, shall not be included in sign area calculations. This would allow for pole coverings, to extend to the ground below the sign area. The structure of freestanding signs is limited to 15 feet in width in this section in order to provide a maximum limit for the total bulk of the sign. Nonconforming Signs There is no change from the current code except that a provision was added to exempt signs that are classified as historically significant and have been in existence more than 40 years. Additional Standards • Sign maintenance provisions added. • Addition of a landscaping requirement. • Slightly more restrictive lighting standards definition. 2/13/2004 Spokane County Public Works Department Pagc 5 of 6 Staff Alternative: The Staff Alternative is a recommendation developed by Public Works Department Staff that reflects a more substantial reduction in allowed signage and provides text clarifications to create a more easily understood document The staffs recommendation reflects input from Public Works staff members involved in the day -to -day administration of sign permitting. The full text of the staff recommendation is included as Attachment 2. Differences between the PC recommendation and the Staff Alternative include: General Provisions and Signs Exempt from Building Permit Review The staff recommends changes to reflect consistency with building permit requirements in Title 3 of the County Code. Sign Standards in Agricultural and Residential Zones The staff recommends a change in format to incorporate the use of tables and the classification of land uses into categories. The revisions significantly reduce the text and provide for easier interpretation. Incentives for the use of monument signs are included in this revised section. Sign Standards for Business and Industrial Zones Wall Signs The staff supports the PC's recommendation to allow wall signs on each wall of a building not to exceed 25% of wall area. Number of Signs • The staff recommends that maximum number of signs for multiple businesses be calculated at one per 200 feet of street frontage, whereas the PC recommends one per 200 feet of street frontage but also allows an additional sign for a "leftover" portion of street frontage. For example, a street with 250 feet of frontage would be allowed two signs under the PC recommendation but only one sign under the staff recommendation. Sign Size and Height • For businesses in the B -2/B -3 zones, the staff recommends limiting maximum sign area to 150 sq. ft. and sign height to 25 feet, whereas the PC recommends 200 sq. ft. and 30 feet respectively. • For multiple businesses in the B -2/B -3 zones, the staff recommends providing a sign calculation ratio" of one sq. ft. per foot of street frontage up to the maximum size allowed, whereas the PC recommendation allows maximum sign size for each sign permitted. • The staff recommends a maximum sign size in the B -2 /B -3 zones of 150 sq. ft. and does not recommend allowing an increase of sign size for freeway - oriented signs. The PC recommends that freeway oriented signs be allowed to increase from 200 sq. ft. to 250 sq. ft. 2/13/2004 Spokane County Public Works Department Page 6 of 6 Sign Separation • The staff supports the PC recommended 200 foot minimum separation between freestanding signs. Incentives for Monument Signs • The staff recommends a 100 foot minimum spacing requirement between monument signs, whereas the PC recommendation has no separation requirement. • The staff recommends that maximum number of monument signs for multiple businesses be calculated at one per 100 feet of street frontage, whereas the PC recommends one per 100 feet of street frontage but also allows an additional sign for a leftover" portion of street frontage. For example, a street with 150 feet of frontage would be allowed two signs under the PC recommendation but only one sign under the staff alternative. • The staff recommends different number and size requirement for monument signs in the B -1 zone. Sign Area Calculation The staff recommends that calculating the area of a sign be based on the physical dimensions of the sign as per current practice. The PC recommends sign area be measured using the area of the message text. Using message text to determine sign size may create difficulties in interpretation and may result in larger signs. The staff recommendation does not support exempting pole coverings from the sign area calculation as recommended by the PC. Pole coverings may substantially increase the visual impact of a freestanding sign. Nonconforming Signs The staff recommends consideration of 3 options to handle nonconforming signs. The PC recommendation allows for continuation of nonconforming signs consistent the current standard of the Zoning Code. The staff supports the exemption for historically significant signs. Definitions The staff does not support the PC revision to the definition for "Electronically Changeable Message Sign." The revision may conflict with the definition for "Video Board" as per a previous amendment to the Zoning Code. The staff recommends retaining the existing definition of Electronically Changeable Message Sign. 2/13/2004 Section: 14.804.000 14.804.020 14.804.040 14.804.060 14.804.080 14.804.100 14.804.120 14.804.1 14.804.160 14.804 14.804.200 14.804.220 Chapter 14.804 SIGNAGE STANDARDS Purpose, Intent and Scope Permits Required - Exceptions Prohibited. Signs Signs Permitted. in All Zones in Connection with Specific Uses Sign Standards in Agricultural and Residential Zones (EA, GA, RS, RR -10 thru UR -22) Zones Sign Standards for the Business (B -1) Zone Sign Standards for the Business (13-2 and B -3) Zones Sign Standards for. Industrial Park (I -1) Zone Sign Standards for Industrial (I -2 and 1 -3) Zones and Mining (MZ) Zone Sign Location and Setback Sign Area and Calculation Nonconforming Signs 14.804.000 Purpose, Intent and Scope The purpose and intent of this section is to promote commerce, traffic safety and community identity while improving the visual environment of residential, commercial and industrial areas. This section of the Code shall not regulate traffic and directional signs installed by a governmental entity or in a private parking lot; signs not readable from nor intended to be viewed from a public right -of -way; merchandise displays; point -of- purchase advertising displays, such as product dispensers; national flags; flags of a political subdivision; symbolic flags of an institution; legal notices required by law; barber poles; historic site monuments /plaques; gravestones; structures intended for a separate use, such as phone booths, donation and recycling containers; lettering or symbols painted directly onto or flush- mounted magnetically onto a motor vehicle operating in the normal course of business. 14.804.020 Permits Required - Exceptions No sign shall hereafter be erected, re- erected, constructed, painted, posted, applied or structurally altered except as provided in this section and pursuant to a sign permit signed off by the Planning Department. A separate sign permit shall be required for each group of signs on a single, supporting structure installed simultaneously. Thereafter, each additional sign erected on the structure must have a separate sign permit. Chapter 14.804 Zoning COO Printed: November 1998 Page 343 of Spokane County 14.804.060 Signs Permitted in All Zones in Connection with Specific Uses The following signs may be permitted in any zone subject to the limitations as provided herein: 1.. Bulletin Boards. Bulletin boards may be permitted on the premises of public, charitable or religious institutions subject to the following: a. Such sign shall contain not more than thirty -two (32) square feet in area on a face and may be double - faced. b. No part of the sign shall exceed a height of six (6) feet above the ground. c. The sign, if lighted., may be at ground level and indirectly lighted or internally illuminated. d. The sign shall be located out of the right -of -way and conform to the "clearview triangle" requirements in Section 14.810.020(2). e. A thirty-two (32)- square -foot, double -face sign, no higher than fourteen (14) feet above grade, is authorized for a public or private school on property not less than three (3) acres in size. 2. Temporary Subdivision Signs. A temporary real estate sign advertising the prospective sale or lease of a group of lots or dwellings within a tract or apartment complex shall be permitted, subject to the following conditions: a. The detached sign shall be located on the premises being sold or leased; b. The sign area shall not exceed a maximum of forty (40) square feet in area on a face and may be double- faced; c. The sign shall remain only as long as property remains unsold or unleased for the first time within the tract, but not to exceed one (1) year. The Planning Director may extend the one (1) -year time period upon written request by the owners /developers of the project; d. The sign shall be nonilluminated; and e. The top of the sign shall be no higher than ten (10) feet above grade of the lot or parcel on which the sign is located. 3. Permanent Subdivision or Area Name Signs. Decorative subdivision or area name signs of a permanent character at the street entrance or entrances to the subdivision or area which identifies the name of the subdivision or area only, shall be permitted subject to the following conditions: a. The sign shall consist of decorative masonry walls or wood with illuminated, indirectly lighted or nonilluminated name plates or letters, and be located in a maintained landscaped area; b. The wall(s) and /or sign(s) shall not exceed six (6) feet in height; and c. The wall(s) and /or sign(s) shall be located on the property, out of the right -of- way and conform to the "Clearview Triangle" requirements in Section 14.810.020(2). Chapter 14.804 Zoning Co11t5 Printed: November 1998 Page 345 of Spokane County 8. Incinerator (s), Solid Waste Recycling /Transfer Site(s), and I,andfill (s a. Directional, informational, instructional, warning, and safety signs on the premises and oriented to the user of incinerator(s), landfill(s), and solid waste recycling/ transfer site(s) shall be permitted. as approved by the Planning Director, subject to the following conditions: 1. No signs) shall project more than twenty (20) feet above ground; 2. The sign(s) area shall not exceed a maximum of forty (40) square feet in area on a face and may be double - faced; 3. The sign(s), if lighted, may be indirectly lighted only; 4. The detached sign(s) shall be located wholly on the premises; and 5. No sign(s) shall be located closer than thirty -five (35) feet back from any public right -of -way, except for sign(s) required by federal or state law. b. A single identification sign on the premises of incinerator(s), landfill(s) and solid waste recycling /transfer site(s) all owned and /or operated by a municipal corporation or political subdivision, either individually or jointly, shall be permitted as approved by the Planning Director, subject to the following conditions: 1. Only one identification sign, attached or detached, is allowed; 2. The sign area shall not exceed a maximum of one hundred fifty (150) square feet in area on a face; and 3. The sign shall not project more than thirty -five (35) feet above grade. 14.804.080 Sign Standards in Agricultural and Residential Zones (EA, GA, RS and RR -10 thru UR -22) Zones Sign structures are permitted in the agricultural and residential zones in accordance with the following uses and standards: 1. A nameplate which indicates no more than the name and address of the occupant of the premises is permitted provided that such sign shall not exceed an area on one side of four (4) square feet and up to six (6) feet in height above grade. 2. A detached or attached sign identifying a community residential facility, faanil.y day care home, mini -day care center in a residence nursery school, kindergarten or similar institution is permitted, provided that such sign is limited in size to a maximum of five (5) square feet and is unlighted. 3. On- premise signs identifying a church, public park, public or parochial elementary or junior high school, multiple family dwelling, dormitory, fraternity, sorority, nursing home, retirement apartment, public building, mini day care center, day care center, nonprofit com.munity hall or lodge, animal clinic, cemetery or sanitarium are permitted as follows: Chapter 14.804 Printed: November 1998 Zoning Co1J.7 Page 347 of Spokane County 7. On- premise signs identifying professional or business offices are permitted as follows: a. For one office or building: i. One attached sign. Sign to be unlighted or with low intensity lighting, placed flat against the wall of the main building, having a surface area of not greater than thirty -two (32) square feet; OR ii. One detached sign within the front yard area. Sign to be unlighted or with low intensity lighting, not more than sixteen (16) square feet on each face placed back to back. Said sign shall not exceed fifteen (15) feet in width. b. For multiple (two or more) offices or businesses within a structure: i. One attached sign. Sign to be unlighted or with low intensity lighting placed flat against the wall of the main building having a surface area of not greater than eight (8) square feet per office use, not to exceed a total of ninety -six (96) square feet; OR ii. One detached sign within the front yard area. Sign to be unlighted or with low intensity lighting, having a surface area of not greater than eight (8) square feet per office use, not to exceed a total of ninety -six (96) square feet and twenty (20) feet in height above grade. iii. When a detached sign is placed upon the property, as allowed above, one sign per professional office or business shall be allowed, provided it is unlighted or with low intensity lighting and is placed flat against the building. Said sign shall not exceed eight (8) square feet in surface area. c. For multiple (two or more) professional or business office building complexes: i. One attached sign. Sign to be unlighted or with low intensity lighting, placed flat against the wall of the main building(s) having a surface area of not greater than thirty -two (32) square feet per building, not to exceed a total of ninety -six (96) square feet and twenty (20) feet in height above grade; OR ii. One detached sign within the front yard area. Sign to be unlighted or with low intensity lighting, having a surface area of not greater than thirty -two (32) square feet per building, not to exceed a total of ninety -six (96) square feet and twenty (20) feet in height above grade. iii. When a detached sign is placed upon the property, as allowed above, o.ne sign per professional office or business shall be allowed, provided it is unlighted or with low intensity lighting and is placed flat against the building. Said sign shall not exceed eight (8) square feet in surface area. 14.804.100 Si a Standards for the Business B -1 Zone Any sign which pertains only to the identification of a 13 -1 zone permitted use and is located entirely on the property with the use or business is permitted, provided that it complies with the following conditions: Chapter 14.804 Zoning Cam Printed: November 1998 Page 349 of Spokane County 0 2. On- premise signs for multiple business complexes shall be limited as follows: a. Wall signs shall not exceed the outer limits of the wall of each business within the complex and shall not cover more than two (2) wells b. Freestanding signs may not exceed two (2) square feet per lineal foot of frontage up to a maximum of two hundred fifty (250) square feet in sign area, nor forty (40) feet in height above grade. One additional sign shall be permitted for each two hundred (200) feet of frontage or portion thereof that is above the original two hundred (200). c. Freeway- oriented signs (signs oriented to I -90) shall be permitted a maximum sign area of four hundred (400) square feet and a maximum height of sixty (60) feet above grade. d.. Placement of lighted signs shall be such that no light extends over property lines to any adjoining property. 14.804.140 Sign Standards for Industrial Park (I -1) Zone As provided in Section 14.630.345. 14.804.160 Sign Standards for Industrial (I -2 Sr 1 -3) Zones And Mining (MZ) Zone Any sign which pertains only to the identification of a use permitted in these zones and is located entirely on the property of such use is permitted provided that it complies with the following conditions: 1. A designated industrial park may have one (1) freestanding park identification sign not exceeding one hundred fifty (150) square feet. 2. Each individual establishment within an industrial park may have one (1) permanent detached or attached sign not to exceed forty (40) square feet in area. 3. An individual establishment not within an industrial park, including a mining use, may have one (1) permanent detached sign not to exceed eighty (80) square feet in area. 4. No sign shall project more than twenty (20) feet above grade. 5. In the event a use is nonconforming but could be outright permitted in the B -2 and /or B -3 zone, the 1 -2, 1 -3 and Mining zones' signage requirements will follow those under Section 14.804.120, Sign Standards for the Business (B -2 and B -3) Zones. Chapter 14.804 Zoning Co3Fe1 Printed: November 1998 Page 351 of Spokane County 14.804.220 Nonconformin Sg igns Nonconforming signs, those that were permanently installed and legally erected prior to the adoption of this Code, shall be allowed to continue in use so long as they are continuously maintained, are not relocated, and are not structurally altered or made more nonconforming in any way. Chapter 1 4.804 Zoning Ca : 153 Printed: November 1998 Page 353 of Spokane County , Meeting Date: 02 - 17 - 04 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing x information ❑ admin. report 0 pending legislation AGENDA ITEM TITLE : Spokane Transit Authority Board Status Report GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Councilmember Denenny will give a report on the Status of the Spokane Transit Authority OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action DRAFT ADVANCE AGENDA For Planning Disoussa . Purposes Only as of February 13, 2004 8:30 a.m. Please note this is a work in progress; items are tentative 1 "o: Council & Staff Prom: City Manager Re: Draft Schedule for Upcoming Council Meetings February 23 2004 6:110 p.m. — 8:0(1 p.m. Joint Council /Planning Commission Meeting; Council Chambers Febraary 24, 2004 Re fi lar 14iectin 6:110 p.m. [due date Feb 131 1 _ .P# FSLIC HEA1 IN : Proposed Title Transfer; Opportunity Hall [10 minutes] 2. CONSENT AGENDA: [5 minutes] 3 _Proposed Resolution Authorizing Conveyance of Opportunity Town Hall — Mike Jackson [10 minutes] 4. Second Reading 'Proposed Towing Ordinance — Cary Driskell [10 minutes] 5. Second Reading Proposed Flood Plain Ordinance — Marina Sukup [t0 minutes] 6. First Reading Proposed Stormwater Ordinance - Stanley Schwartz [ 10 minutes] 7. First Reading Proposed Amendment Sign Code Ordinance, Institutional Uses — Scott Kuhta [ 10 minutes] S. First Reading Proposed Building Code Ordinance (IBCA) — Tom Scholtens [10 minutes] 9. First Reading Proposed Sidewalk Ordinance — Stanley Schwartz [10 minutes] 10. First Reading Proposed Amended .funk Vehicle Ordinance — Cary Driskell [5 minutes] 11. Proposed Resolution Amending Employee Classification System — Nina Regor [10 minutes] 12. Proposed Resolution RefreshmenC Po] icy — Ken Thompson [5 minutes] 13. Mayor Appointments/Council Confirmations — Mayor DeVleming [5 minutes] 14. Administrative Reports: [no public comment] a. Proposed Amendment to Hearing Examiner Ordinance — Stanley Schwartz [10 minutes] b. Compliance Regulation Discussion — liarina Sukup [10 minutes) c. Discussion Proposed Ordinances Amending Ordinance 40 and 41 (Building Code, Fire Code) — Tom Scholtens [ 10 minutes] 15. Information Only [no public comment] a. Status ofProvious Public Cornrnents/Concerns b. Minutes of Planning Commission e. Departmental Monthly Reports [estimated meeting time; 140 minutes* ] Mardi 2.2004, Regular Meeting 6:00 p.m. [due. date Feb 201 1. CONSENT AG.ENDA' [5 minutes] 2. Second Reading Proposed Sidewalk Ordinance — Stanley Schwartz [10 minutes] 3. Second Reading Proposed Building Code Ordinance (IBCA) — Torn Scholtens [10 minutes] 4. Second Reading .Proposed Stormwater Ordinance — Stanley Schwartz [10 minutes] 5. Second Reading Proposed Amendment Sign Code Ordinance, Institutional Uses — Scott J{uhta [5 minutes] 6. Second Reading Proposed Amendment Junk Vehicle Ordinance — Cary Driskell [5 minutes] 7. Mayor Appointments /Council Confirmation; Mayor DeVleming [10 minutes] S. Administrative Reports: [no comments] a. Adult Entertainment Hours of Operation Discussion — Cary Driske] [ [20 i futes] b. Precinct Lease Agreement Discussion — Cal Walker 1[15 minutes) c. Wastewater lnterloca[ Agreement Discussion — Neil Kersten [30 minutes] 9. Council Check in — Dave Mercier [10 minutes] 1 0. Advance Agenda Additions — Mayor DeVleming [5 minutes)] Ad oru:e. Aarnd - Drub Page i of 3 3 Revised' 1113(2004 8:33 AM 1 ] . City Manager Comments — Dave Ivfercier [ [ 0 minutes] 12. Information Only: [no public comment] a. Status of Previous Public Comments /Concerns b. Minutes of Planning Commission (or excerpts on Building Code .issues) [estimated meeting time? 145 minutes *] March 5 — 9.2004, ennftresNional. City Conference, Washington, D.C. March 9, 2004 No Meeting March 16, 2004, Study Session 6:00 p.m._ • [due date March 5] 1, Proposed Sewer Ordinance Discussion —Neil Kersten (30 minutes) 2. Results of Grading Code Public Hearing—Tom Scholtens (15 minutes) 3. Alcohol Use on Public Property Discussion — Mike Jackson (15 minutes) 4. Discussion Aquifer Protection Area .Program .l eautliorization —Neil I.ersten (10 minutes) 5. Development Related Polity Issues — Marina SukupiNeil Kerscen (45 minutes) 6. Counci [ Cheek in — Dave Mercier (10 minutes) 7. Advance Agenda Additions — Mayor DeVleming (5 m xinutes) S. City Manager Comments —Dave Mercier (10 minutes) TOTAL MINUTES: 140 Max mtg time: 150 minutes March 23, 2004 Reiz.tihar Meetilm 6:00 R.m. [due date March 12] 1, CONSENT AGENDA [5 minutes] 2. First Reading Proposed Sever Ordinance —Neil Kerstcn [20 minutes] 3. First Reading Proposed Grading Ordinance — Tom Scholtens [ 15 minutes] 4. First Reading Proposed Ordinance Amending Ordinance 40 (Building Code) - Tom Scholtens [10 in Unites] 5. First Reading Proposed Ordinance Amending Ordinance 41 (Fire Code) - Tom Scboltens [5 minutes] 6. First Reading Proposed Ordinance Adopting Municipal Code — Ghr Bainbridge [5 minutes] 7. Motion Consideration_ Set Public Hearing for 4/27/04 to Adopt Municipal Code — Chris Bainbridge [5 mins] 8. Spokane I-Iousing Authority Report [15 minutes] 9. Convention Visitor's Bureau Report (15 minutes] 10. Administrative Reports: [no public comment] a. Formation of Student Advisory Council — Mayor DeVleming [15 minutes] b. Review of Draft Budget Calendar — Ken Thompson [10 minutes] 1 1 . Information Only: [no public comment] Status of Previous Public Comments/Concerns Minutes of Planning Commission Departmental Monthly Reports [estimated meeting time: 120 minutes* ] Saturday, March 27, 2004 — M.ayor's Ball — Miraheau Hotel March 30. 2004, Study Session 6:00 p.m. [due date March 19] 1. Second Reading Proposed Grading Ordinance —Tom Scholtens 2. Proposed resolution: Formation of Student Advisory Council — Mayor DeVlem 3. Council Check in — Dave Mercier 4. Advance Agenda Additions — Mayor DeVleming 5. City Manager Comments — Dave Mercier (10 minutes) (10 minutes) (10 minutes) (5 minutes) (10 minutes) TOTAL MINUT.Es Max mtg time: 150 minutes Advance Agenda— Draft Page 2 ar3 Revised; 2/13tIJG 1 8 ;33 f,M April 6, 2004, Study Session 6:00 p.m. [due date March 26] 1. Capital Facilities Funding 2004 & 2005 —Neil Kersten (30 minutes) 2. Council Check in — Dave Mercier (10 minutes) 3. Advance Agenda Additions — Mayor DeVleming (5 minutes) 4. City Manager Comments — Dave Mercier (10 minutes) TOTAL MINUTES: Max mtg time: 150 minutes April 13, 2994 Regular Meeting 6:00 p.m. 1. CONSENT AGENDA April 20, 2004, Study Session 6:00 p.m. 1. Review of Contracts Inventory — Nina Regor 2. Council Check in — Dave. Mercier 3. Advance Agenda Additions — Mayor DeVleming 4. City Manager Comments — Dave Mercier Saturday, June 26, 2004 — Half Day Council Retreat [� estimated meeting time does not include time for public comments] [due date April 2] 2. Second Reading Proposed Sewer Ordinance —Neil Kersten [10 minutes] 3. Second Reading Proposed Ordinance Amending Ordinance 40 (Building Code) Tom Scholtens [5 minutes] 4. Second Reading Proposed Ordinances Amending Ordinance 41 (Fire Codc)Tom Scholtens [5 minutes] [due elate April 9] June 15 — 18, 2004 AWC Conference Ocean Shores (No Council Meeting June 15, 2004) (20 minutes) (10 minutes) (5 minutes) (10 minutes) TOTAL MINUTES: Max mtg time: 150 minutes April 27, 2004 Regular Meeting 6:00 p.m. [due date April 16] 1. PUBLIC HEARING: Adoption of Municipal Code 2. CONSENT AGENDA 3. Second Reading Proposed Ordinance Adopting Municipal Code — Chris Bainbridge 4. Administrative Reports: [no public comment] 5. Information Only: [no public comment] Status of Previous Public Comments /Concerns Minutes of Planning Commission Departmental Monthly Reports [estimated meeting time: [5 minutes] [10 minutes] [5 minutes] [5 minutes] minutes* ] May 4, 2004, Study Session 6:00 p.m. [due date April 23] 1. Consultant Presentation of Community Survey Results — Greg McCormick (15 minutes) 2. Business License Program Discussion — Ken Thompson (20 minutes) 3. CenterPlace Construction Status — Mike Jackson (10 minutes) 4. Council Check in — Dave Mercier (10 minutes) 5. Advance Agenda Additions — Mayor DeVleming (5 minutes) 6. City Manager Comments — Dave Mercier (10 minutes) TOTAL M MUTES: Max mtg time: 150 minutes Advance Agenda — Draft Page 3 of 3 Revised: 2313/2004 8:33 AM