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2006, 10-10 Regular Meeting A-Ift AGENDA SPOKANE VALLEY CITY COUNCIL. REGULAR NIEETING Council Mceling #102 Tueiiiav. Cktnbcr 10, 2006 6:00 p.m. CITY HALL. AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor Council Requests All Electronic Devices be Turned OR During Council Meeting CALL TO 0I215FR: INVOCATION: Pastor Dave Johnson. Valley t'nited %fet: odi-,t PLEDGE OF AT.LEGIANCE: ROLL CALL: APPROVAL OF AGENDA: INTRODUCTION OF SPECIAL GUESTS AND PRF.W.WATLONS: C'ONINU lTEE, BOARD, UAISON SUMIIARV REPOR-rs: MAYOR'S REPORT: PUBLIC CONINE :NTS: Except where indicated below fur "public comment" this is an omittunit) for the public to speak on any topic. When you conic to the pkAium. plca;e -.iatt- ~ our name and address for the reconi utd limit remarks to three minutes. 1. PUBLIC HEARING: 2007 Proposed Budget - Ken Tlionrrpsori PUBLIC HEARING: inifiAtive 933 - %14 c_ omielly 3. CONSENT AGENDA: l:onsi,tti of itern; consido-c i rt-unne which arc appro~::d -S a group. C cmiwilmemhcr may recuove :ut item frum the Conxrtt Agerulu to be eonsidcted scparatcl,. zL Claim Voucher List 09-25-06; Vouchers 9978-10050; total amount: $352,657.15 h. Payroll for Period Ending September 30 2006: S;17,6-15.19 C. Minutes of.September 14, 2006 Council/Planning Commission Special Joint Mccting ,i Minutes of September 1-6.2006, Regular Council Meeting V. tilintrtc3 of CIE toher 20t►F Council Study Session Aicewig NEW BUSINESS 4. Motion Cmisideration. Amwidmcnt to R III Contract for Sucet M stcrNlan fc,r Street D-V~el-ipmcnt Standards- Neil K"cn public comment) 5. Motion Considcrntion: dnitiafivc 933 - Mike Connelly )public comment) 6. Mayoral Appointments- Salarv Commission Membm-Mir Wilhite public commend i>it~tti___ NEI& PUBLIC COMMENTS Except where indicated above for "public comment" this is an oppurtunity for the public to speak on any topic. When you .-me to the radium, plv.asc -,?stc v,wr name and nddre" liar the rrcotd and limit rent-irks to thrc:: minwc•. ,~I)~1l\Iti1K~1C1~ E RYIPOR l 7. Comntunit} Uti~clopnient B1~-',~1. MiL, I NvJjC~A 1dc:A-, - 011:g hiCLOMIJ, )k A. Uniform Development Code Titles 17 (tencnl Provi6ong (A;ii Title 11): snel Title IR: 13i).,mis Authuridcs (aka Title 12) - Marina 9. Fee Rmlution - Ken Thompww~ 10. General Budget Discussion - D-_. - I i ~cttine I):1tt [ur R'irttcr Retrr_tt ~ :1c•. INFORMA I•IOY ONIA I2. Uniform Developttl:'iit t,,ilr IIti,_ _I `til,i11,, FC~Iilail .'.I Fn%,ir.attttr►tal Cnnitok (.A-i I ill%: 1 lixlhl;WAi SSIO ADJOURNYMENT FUTURE SCHEDULE Regular Catmcll 3feerings are generally hAl2nd and f' Tue-iduYs. beginning at 6:00lr.m. C'ounril Stunt, SeisiUlLF urea aenerallt• held I 3'-j an:! 1h Tuesdays, beginning at 6: 00 p. in, Other 1 entatitt (`Prevn►ing :1feetiarslEventc: Wed, October 11, 2006, 7-9 p.m.: Community Worksltup Rc Revit,tlizAtion, Dccaclv•. IIaT-1 fOcf f-;Iiiiit} NOME, ln.ti,.idLuts plmming to an=d the meeting wtw require special XIMS once to WCenrr.,.,, c'•?.: -ic.~. itnPsirmnit_i, t,Icxc czmt.:ict the Cfty 0v.-I ut 1509! 4?I-101) ss sr,~n e~ po:~-aible c~ thst anon en ::t:: n.ati ! c :ra.fc CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 10, 2006 City Manager Sign-off: Item: Check all that apply: ❑ consent Qc old business ❑ new business ❑ public hearing ® information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Developer Agreement for Vistas at Morningside Heights GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: October 3, 2006 Council Meeting BACKGROUND: The Vistas at Morningside Heights is a project being developed in the County by Summit Properties Incorporated. Rich Dahm is the principle behind Summit Properties. This project will contribute increased traffic volumes to Barker Road which will result in a lowering of levels of service below our adopted standards. The project has been conditioned to mitigate the impacts of the increased traffic volumes. The traffic study for the project determined the proportionate share of the future improvement at 8.7 percent. Public Works has identified two potential solutions: a standard signalized intersection similar to the ongoing project at Mission and Barker or a single lane roundabout. The potential costs of the solution have been based upon the signalized intersection option for the purposes of this agreement. This results in a contribution of $40,097. The agreement specifies the details of payment which would occur when the signal warrants are met in accordance with the Manual of Uniform Traffic Control Devices. The language of the agreement has not substantially changed since the October 3, 2006 Council Meeting. Summit Properties has agreed to the amount of the contribution. OPTIONS: Accept or not accept the proportionate contribution towards a-future improvement. RECOMMENDED ACTION OR MOTION: Authorize the City Manager or designee to execute the agreement with Summit Properties Inc. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Neil Kersten, Public Works Director ATTACHMENTS: 1. Voluntary Mitigation Agreement. VOLUNTARY NUTIGATTON AGREEMENT VISTAS AT MORN" NGSIDE HEIGHTS PE-1962-05 This Mitigation Agreement ("Agreement") is entered into by and between Summit Properties Inc ("Developer''), a Washington corporation, having offices for the transaction of business at 12720 E. Nora, Suite E, Spokane WA. 99216, and the City of Spokane Valley ("City"), a political subdivision of the State of Washington, hereinafter jointly.referred to as "Parties": RECITALS 1. This agreement is entered into by the Parties pursuant to RCW 82.02.020 to mitigate a direct impact identified as a consequence of the Spokane County preliminary plat application, PE-1962-05. 2. The Developer is the owner./developer of certain real property of approximately 120.62 acres and generally located east of and adjacent to the intersection of Chapman Road and Windsor Drive, northerly of Morningside Heights Drive; and is situated in Section 30, Township 25 North, Range 45 EWM, in Spokane County, Washington. Said property is more specifically described in Exhibit A attached hereto and by this reference incorporated herein. 3. The Developer has received approval of the preliminary plat identified as Vistas at Morni.ngside Heights (the Development) a residential development which will increase traffic congestion and directly impact existing transportation infrastructure at the intersection of Sprague Avenue and Barker Road located within the City of Spokane Valley. Mitigation of these impacts has been required as part of the approval process for the final plat pursuant to the Hearing Examiner bindings, Conclusions and Decision (PE- 1962-05) entered into on the 18th day of April, 2006 and approving the preliminary plat Vistas at Morningside Heights which contains the following condition of approval: CITY OF SPOKANE VALLEY `1'IZAFFIC ENGINEER 1. Prior to any final plat, the applicant shall enter into a development agreement with the City of Spokane Valley to make a proportionate share contribution towards improvements at the intersection of SpragueBarker. 4. The Parties are desirous of entering into an Agreement which provides for the payment of a proportionate share of improvements deemed necessary at the intersection of Sprague Ave. and Barker Road which are a direct result of traffic impacts associated with the Development. Page 2 5. The Developer's proportionate share shall be based on the total number of trips estimated for the Development and has been calculated in the manner set forth in Exhibit B attached hereto and by this reference incorporated herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and conditions hereafter set forth, the Developer and the City hereto agree as follows: 1. Voluntary Agreement. This Agreement, including all attached documents, is a voluntary agreement as that term is used in RCW 82.02.020. The mitigation fees charged herein are proportional to the traffic-related impacts generated by the Development. The parties acknowledge that the project is reasonably necessary to mitigate the direct traffic impact of the Development. In the event this mitigation agreement is breached by the Developer, all of the City's obligations under this agreement shall terminate. fn the event this mitigation agreement is determined by a court to be invalid, the City shall refund the unexpended portion of mitigation fees, and the City's obligations under this agreement shall terminate. 2. Project. The project shall consist of the installation of a traffic light at the intersection of Sprague and Barker or other traffic control device as deemed appropriate by the City of Spokane Valley. The mitigation fee shall be based upon the cost of the traffic signal. 3. Mitigation Fee. The Developer shall pay $40,097, which has been determined to be the Developer's proportionate contribution to the Project for mitigation of future traffic impacts related to the Development. (See Exhibit B) This traffic mitigation fee shall be used for the design and/or construction of the improvements to this intersection. 4. Payment The Developer agrees to pay all of the above identified mitigation fee at such time as traffic signal warrants, as defined by the Manual on Uniform Traffic Control Devices (MUTCD), at the intersection of Sprague Ave. and Barker Road are met. The City Traffic engineer shall determine when signal warrants are met. Payment shall be made within 30 days after receiving notice from the City that wan°ants are met. If payment is not timely received the City may immediately access the funds secured by the letter of credit described below. A letter of credit, which gives the City a unilateral right to access the funds pursuant to this agreement from a financial institution, shall be provided to the City upon execution of this agreement and prior to acceptance of this agreement by the City. 5. Compliance with RCW 82.02.020. Payment collected by the City will be held in a mitigation fee reserve account and may only be expended to fund the design, right-of- way acquisition, and construction of the Project. Payments shall be expended within five years of collection. The City shall be entitled to reimbursement from the mitigation fee reserve account for any funds it may expend for the design, right-of-way acquisition, and construction of the Project prior to the collection of the fee. Any funds in the mitigation fee reserve account not expended within five years shall be refunded by the City with interest as provided in RCW 82.02.020. Page 3 6. Notice: All communications, notices or demands of any kind which a party under this Agreement is required or desires to give to any other party shall be in writing and be either (1) delivered personally, (2) sent by facsimile transmission with an additional copy mailed first class, or (3) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested and addressed as follows: If to the City: City of Spokane Valley 11707 L. Sprague Ave., Suite 106 Spokane Valley, WA 99206 Fax: (509) 921-1003 Attn: City Manager If to the Developer: Summit Properties Inc. 12720 B. Nora, Suite 1 Spokane WA 99216-1197 7. Successors. This Agreement shall be binding on and inure to the benefit of the successors and the assigns of the Parties. 3. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Washington. Any action for enforcement. of this Agreement shall be brought in a court of competent jurisdiction in Spokane Count}, Washington or as othenvise provided by statute. 9. Modifications. No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed with the same formalities as the present Agreement. 10. Waiver. No officer, employee, agent or otherwise of the City has the power, right or authority to waive any of the conditions or provisions to this Agreement. No waiver or any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. 11. Representation. This Agreement forms a fully integrated agreement between the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto All Parties have read and understand all of the Agreement, and now state that no representation, promise or agreement not expressed in the Agreement has been made to induce any Party to execute the same. 12. Authority. Both Parties to this Agreement represent and certify that they have Rill authority and power to enter into and carry out this Agreement. The persons signing this Agreement represent that they have authority to act for and bind their respective principals. Page 4 N WITNESS WHEREOF, the Parties have executed this Agreement this day of 2006. DEVELOPER - SUMMIT PROPERTIES INC: By: Title: Name STATE OF WASHNGTON ) ss. County of Spokane ) On this day of 2006 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the of , the corporation that executed the foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the instrument. NNTNESS my hand and official seal hereto affixed the day and year in this - certificate above written. NOTARY PUBLIC, in and for the State o: Washington, residing at My commission expires: Printed Name CITY OF SPOKANE VALLEY: David Vfercier, City Manager ATTEST: APPROVED AS TO DORM: Christine Bainbridge, City Clerk Office of the City Attorney EXHIBIT A THE VISTAS AT MORNINGSIDE HEIGHTS PRELIMINARY PLAT PROPERTY DESCRIPTION Tract "C" of the Plat of Morningside Heights 3rd Addition as per plat recorded in Book 29 of Plats, pages 69-72, Spokane County, Washington. Together with the S.W. 114 of the N.E. 114 and the . N. W. 114 of the S. E. 114 all in Section 30, T. 25N., R. 45E., W. M., Spokane County, Washington. Except beginning at the Southeast corner of Lot 1, Block 3, of the Plat of Windsor Ridge Second Addition as per plat recorded in Book 29 of Plats, pages 18 and 19, in the Spokane County Auditor's office Spokane, Washington; thence N. 00°3235"E., along the East line of said Lot 1 and West line of the S.E. 114 of said Section 30, 135.68 feet to the Northeast comer of said Lot 1; thence S.58°37'06"E., 56.00 feet; thence S.24°4446"W, 117.28 feet to the Point of Beginning. Except, Beginning at the Northeast corner of the S. W. 114 of the N.E. 114 of said Section 30; thence S.00°35'15"W., along the East line of said S. W. 114 of the N. E. 114, 1305.88 feet; thence N.89°16'53"W., 462.53 feet, to the beginning of a curve to the right the radius of which bears N. 00°43'07"E., a distance of 250.00 feet; thence along said curve to the right, through a central angle of 39°47'03 " an arc distance of 173.59 feet to a point of tangency; thence N.49029'50"W., 330.32 feet, to the beginning of a curve to the right the radius of which bears N.40°30'10"E., a distance of 250.00 feet; thence along said curve to the right, through a central angle of 21 °09'06" an arc distance of 92.29 feet; thence N.28°20'44"W, 40.67 feet to a point on a curve to the leh the radius of which bears N.26°40'01'W., a distance of 480.00 feet; thence along said curve to rte, the left , through a central angle of 67°12'01'; an arc distance of 562.98 feet to a point of tangency; thence N. 03052'02'W, 465.28 feet, to the North line of the S. W. 114 of the N. E. 114 of said Section 30; thence S.89°2624 E., along said North line, 713.18 feet to the Point of Beginning. C:1Documents and Settings\CBainbridge.SPOKANE VAT LEY\Local SettingsUemporary Tntemet Fi1es10LK41FXHIBIT A Vistas at Mornuigside De'scription.doe Exhibit B SpdWane Traffic Signal Cost Valley Engineer's Estimate Description Unit Q Price Total 1 HMA CL. 1/2" PG 70-28, 0.42 FT. DEPTH S.Y. 5,200 15.00 $ 78,000 2 CRUSHED SURFACING BASE COURSE, 0.75 FT S.Y. 5,800 8.00 $ 46,400 3 CEMENT CONC. TRAFFIC CURB AND GUTTER L. F. 1,900 15.00 $ 28,500 4 CEMENT CONC. PEDESTRIAN CURB L, F. 72 12.00 $ -864 5 PLASTIC LINE L. F. 1,600 0.70 $ 1,120 6 PLASTIC WIDE LINE L.F. 2,300 2.50 $ 5,750 7 PLASTIC TRAFFIC ARROW EA 8 100.00 $ 800 8 PLASTIC CROSSWALK LINE S.F. 256 5.00 $ 1,280 9 PLASTIC STOP LINE L.F. 130 9.00 $ 1,170 10 CEMENT CONC. SIDEWALK S.Y. 3,800 30.00 $ 114,000 11 CEMENT CONC. SIDEWALK RAMP EA 8 1,000.00 $ 8,000 12 TRAFFIC SIGNAL SYSTEM INSTALLATION LS LS 175,000.00 $ 175,000 13 TRAFFIC SIGNAL PARTS LS LS 60,000.00 $ 60,000 14 ENGINEERING, INSPECTION, SURVEYING LS LS 80,000.00 $ 80,000 Total $ 460,884 Assumes 4-leg intx, 3 travel lanes, bike lanes, sidewalks, 200' legs Developer's proportionate share = 8.70% $ 40,097 (see Exhibit C for detail on proportionate share calculation) i September 15, 2006 7r' - W.O. No 0535 SUNBURST ENGINEERING Inga Note, P.E. City of Spokane Valley, Public Works 11707 E Sprague Avenue, Ste 106 Spokane Valley, WA 99206 RE: Proportionate Shaxe of Improvements at Sprague & Barker Generated by Vistas at Momingside Heights Dear Inga: Rich Dahm is finalizing the first phase of the Vistas at Momingsid.e Heights and an issue has arisen regarding improvements required at the intersection of Sprague & Barker. A letter.was submitted from Sunburst Engineering to Scott Engelhard, Spokane County Engineering, and yourself on January 6, 2006 wluch addressed that issue. A copy of this letter is attached. l This letter specifies that the proportionate share required of the Vistas at Momingside Heights at Sprague & Barker is 8.7°%o when examining traffic volumes anticipated at project completion. The proposed improvement, a roundabout, will create substantially more capacity than that required to accommodate only the additional traffic from Vistas at Morningside Heights. Total capacity which can be accommodated with this improvement is 1,889 peak hour vehicles versus the 1,261 anticipated at build out. The proportionate share based on total capacity is 5.8%. The following is an excerpt of the January 6, 2006 letter which specifically addresses the intersection of Sprague & Barker. "To address the needs of this intersection, it is recommended that the Vistas at Momingside Heights pay a proportionate share (8.7%) of the improvements to this intersection. This payment should be made after: • Chapman Road is extended from Vistas at Morningside Heights; • the 200th lot is approved within Vistas at Momingside Heights, and: • when either the level of service has dropped below acceptable standards in the field, or a safety situation has arisen which can be addressed by changing the traffic control. The need for improvements at this intersections should be checked with the approval of each phase after Chapman Road is extended, but not more often than once per year." 4310 S. Ball Dr, Veradale, WA 99037 • PH: (509) 924.2155 FX: (509) 228.9440 www.sunburstengr.com f Proportionate Share of Improvements at Sprague & Bazkez Generated by Vistas at Mom ip gside Heights September x5, 2006 ~I - . page 2 'l'liis morning.whan I spoke with you, youi suited that you are waitLng to get direction froin Mike Connelly before preparing a cast estimate for this zoundabout. When calculating the proportionate share for the Vistas at Momiz Aide ight~- and as was stated throughout the traffic study, right-of-way costs should be deducted. Please let me know if you need additional in.formatior~ and. I vviU supply whatever I have that o uld be helpful. Sincerely, , Sunburst Engineering Ann L. Winkler, P-$. Traffic Engineer cc. John Hohman, Spokane Valley Public Works Rich Vahm, Summit Properties, Inc, Azle i i AGENDA SPOKANE VALLEY CITY COUNCIL REC LAR MEETING Council Meeting #102 i'uesday, October 10, 2006 6:00 p.m. CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor Council Requests All Electronic Devices be Turned Off During Council Meeting CALL. TO ORDER: INVOCATION: Pastor Davy Johnson, Valley United Mctlicdist PLEDGE OF ALLEGLANCE: ROLL CALL: APPROVAL OF AGENDA: INTRODUCTION OF SPECIAL GUESTS AND PRESni TATIONS: COMMITTEE, BOARD. LIAISON SUM. NI-,RY REPORTS: MAYOR'S REPORT: PUBLIC COMMENTS: Except %kherc indicated below for "public comment" this is an opportunity for the public to speak on any topic. Ahen you come to the podium, please state your name and address for the record and limit remarks to three minutes 1. PUBLIC HEARING: 2007 Proposed Budget - Ken Thompson 2. PUBLIC NEARING: Initiative 933 -Mike Connolly 3. CONSENT AGENDA: Consists of items considered routine which arc approved as a group. A Councilmcmbcr may remove an item from the Consent Agenda to be considered separately. a. Claim Voucher List 09-1-5-06; Vouchers 9978-10050; total amount: $352,657.15 b. Payroll for Period Ending Scptcmbor 30 2006: 5217,645.19 c. Minutes of September 14, 2006 Council(Phuming Commission Special Joint k1ecting d. Minutes of September 26, 2006. Regular Council Meeting e. Minutes of October 3. 2006 Council Study Session Niccting NEW BUSINESS 4. Motion Consideration. Amendment to JLT13 Contract for Street MisterE'lan fior Strcet Dek,elopment Standards- Neil kcmlen [public curnmentl 5. Motion Consideration: Initiative 933 - Mike Connelly (public comment) 6. Mayoral Appointments: Salary Commission Members Mayor \Vilhite [public comment[ PUBLIC COMMENTS Excspt where indicated aho%-e for "public comment" this 13- ail oppurlulliL) 1-tor the public to speak on any topic. When you come to the podium, please state y our name and address for the rt- and :arid limit remarks to three minutes. s (virti:l -hrvv-ia RccaEcr ~•!_c;ir:3 Page 1 uf, AD'Ni1N1S7R1TIVE, REPORTS: 7. Community Dcvclopment Block Grant (('llBG) Projc, t Idex, c ireg NIcC n-nick 8. Unifwm Development Code Titlcs 17 (ivner.tl Pro%-I~Icros ,:J.a t itle ! 1); !1111 Title IS- Boards & Authorities (aka Title 12) - Marina Sukup y Fee Resolution - Ken Thompson 10. General Budget Discussion - Dave Merc:c:r 11. Setting Datc for Winter Retrcat- Dare (Mercier INFORMATION ONLY: 12. Uniform Development Code Title _ll Subdi%tsion Regulations (aka Title 1-1), and -Title. "'l Environmental Controls (aka 'ride 151 AD.IO[1R,N'NtFNT FUIVRE SCHEDULE Regular Council 'lfeetings are generally held 2nd and dt° Tuesdays, beginning at 6:00 p.m. Council Study Ses:sion.v are generally held I". f" and Sth Tue-rdati-s, beginning at 6:00 p.m. Other Tentative (,comin tteetin~c'Eti~~nLs: Wed. October 11,20(16. 7-9 p.m.: Community Workshop Re Revitalization, Dc-Wes Banquet racilit- `OIIC:6: Individuals pluming to attertd the meeting who require special assistance to accommodate phpsicul, tr-aring, or other impairments, please contact the Ctty Cicrl: nt !5119) 921-IUntl as seam as re~sSihle'a that amrgcmrmt may be made Courul ALca,li 1~.~-lu i•r irc~111 .r ~.lc:tsng 1'apt 2.4., CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 10, 2006 City Manager Sign-off. Item: Check all that apply: ❑ consent ❑ old business ❑ new business X public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Public Hearing - 2007 Proposed Budget GOVERNING LEGISLATION: State law requires at least three hearings on the 2007 Budget PREVIOUS COUNCIL ACTION TAKEN: A hearing on the revenues proposed for 2007 was held on August 22. The City Clerk provided public notice when the City Manager filed his preliminary budget in August. The City Council has discussed the budget process, goals, outside agency requests and other budget related issues at several meetings during the summer and fall. The City Council scheduled 2007 budget hearings for October 10 and October 24. Departments highlighted significant budget issues at a September council study session. Public notice of all budget hearings was published. BACKGROUND: State law requires several public hearings before we adopt the 2007 budget. The City has scheduled public hearings for October 10 and October 24 to consider the 2007 budget. OPTIONS: Several public hearings are required prior to adopting the 2007 budget. The City Council could elect to hold hearings at a later date. However, the hearings must be held and the ordinance passed prior to late December, 2006. The City's current budget schedule anticipates 2007 budget adoption in November of this year. RECOMMENDED ACTION OR MOTION: No council action is needed at this time. The next public hearing should be held on October 24 to keep us on our budget schedule. BUDGET/FINANCIAL IMPACTS: This will be the adopted budget for 2007. STAFF CONTACT: Ken Thompson, FinancelAdministrative Services Director Hearing - 2007 Proposed Budget Spokane Valley Council Meeting October 10, 2006 Budget City Budget for 2007 ■ Total is $76 Million including: Service Level Stab. $5 million Civic Facilities $1.2 million Winter Weather $525,000 CenterPlace $315,000 Parks Capital $3 million + I V412000 2 1 Budget... continued New in 2007: ■ Lobbyist $ 40,000 ■ Records Mgmt. $250,000 ■ Office Space Plan. $ 75,000 ■ Parks Ins. Reimb. $110,000 ■ 6.35 new employees Budget ...continued Other highlights: ■ Expenses very close to our multiyear financial projections ■ Storm water fee up $1/Equiv. Res. Unit ■ County's $1.6 million (pools) included ■ Expect numbers to change (fine-tune) ■ Third public hearing on October 24 ,9,V2CM a 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 10, 2006 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Public Hearing: Initiative 933 GOVERNING LEGISLATION: RCW 42.17.130 PREVIOUS COUNCIL ACTION TAKEN: NA BACKGROUND: RCW 42.17.130 allows the city council to express a collective opinion or to vote upon a J motion, proposal, resolution order, or ordinance in support or opposition to a ballot proposition as long as notice of the meeting is provided and members of the council and members of the public are afforded an approximately equal opportunity for the expression of opposing and supporting views. OPTIONS: RECOMMENDED ACTION OR MOTION: None BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Mike Connelly ATTACHMENTS Page I of 1 Chris Bainbridge From: vnh@onemain.com Sent: Wednesday, September 27, 2006 8:59 AM To: Chris Bainbridge Subject: RE: legal publication - initiative 933 notice - Chris, I'll start this on Friday 9/29. We'll just add it to the list that was confirmed yesterday. Thanks! Jolene _--Original Message----- From: Chris Bainbridge [mailto:CBainbridge@spokanevalley.org] Sent: Tuesday, September 26, 2006 9:08 PM To: vnh@onemain.com Subject: legal publication - initiative 933 notice - Importance: High Jolene - please publish the following legal notice, Sept 29 and Oct 61h. Thanks Let me know if there's any problems. Chris Bainbridge, CMC Spokane Valley City Clerk 509-688-0177 SPOKANE VALLEY CITY COUNCIL PUBLIC HEARING SPECIAL NOTICE Notice is hereby given that the Spokane Valley City Council has scheduled the following as part of its October 10, 2006, Regular Meeting: 1. Public klngl Initiative 933: An Act Relating to Providing Fairness in Government Regulation of Property. 2. Motion Consideration: Initiative 933. The initiative tittle as it would appear on the ballot: Ballot Title This measure would require compensation when government regulation damages the use or value of private property, would forbid regulations that prohibit existing legal uses of private property, and would provide exceptions or payments. Spokane Valley City Council meetings are held at 11707 E. Sprague Avenue, Spokane, Washington. Council meetings begin at 6:00 p.m. The Public Hearing will begin shortly after 6:00 p.m. Christine Bainbridge Spokane Valley City Clerk Publish: September 29, and Oct 6, 2006. 10/5/2006 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 10-10-06 City Manager Sign-off- Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Approval of the Following Vouchers: BACKGROUND: VOUCHER LIST DATE VOUCHER #s TOTAL, VOUC14,rR AMOUNT 09-25-06 9978-10050 352,657.15 RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Amy Sienknecht ATTACHMENTS Voucher Lists vchlist Voucher List 09/25/2006 12:41:02PM Page: 1 Spokane Valley Bank code : apbank Voucher Date • Vendor Invoice PO # Description/Account Amount 9978 9125/2006 000958 AAA SWEEPING, LLC 36606 41167 06-015 STREET SWEEPING SERVI( 291.05 Total : 291.05 9979 9/25/2006 .001081 ALSCO Ispo71972 FLOOR MATS FOR CITY HALL 49.18 Total : 49.18 9980 9/25/2006 000335 ALTON'S TIRE INC. 6-18678 OIL CHANGE SERVICE 33.83 6-18686 OIL CHANGE 22.33 6-18739 OIL CHANGE 22.33 Total : 78.49 9981 9/25/2006 001039 AMERICAN* BUILDING MAINTENANCE 3242553 41210 MAINTENANCE 178.96 Total : 178.96 9982 9/25/2006 000135 AMERICAN PLANNING ASSOCIATION 072351-060903 ID NUMBER 723510 433.00 Total : 433.00 9983 9/25/2006 000720 AMSAN CUSTODIAL SUPPLY INC. 376745 JANITORIAL 28.43 Total : 28.43 9984 9/25/2006 000212 ATTORNEY & NOTARY SUPPLY 092106 NOTARY STAMP FOR CARRIE ACO 92.98 Total : 92.98 9985 9/25/2006 000030 AVISTA UTILITIES Avista-Sept. 2006 UTILITY BILLS 25,369.56 Total : 25,369.56 9986 9/25/2006 000173 BINGAMAN, GREG 092006 CELL PHONE ALLOWANCE 105.00 Total : 105.00 9987 9/25/2006 000918 BLUE RIBBON LINEN SUPPLY, INC. 8750273 SERVICE FOR CENTERPLACE 339.52 Total : 339.52 9988 9125/2006 001105 CAPITAL ENTERPRISES & ENGINEER 2074 41232 0004, 06-012 BARKER ROAD TRAFI 999.12 Total : 999.12 9989 9/25/2006 000101 CDWG BVJ1816 41283 RACK MOUNTED KEYBOARD AND 1 2,358.32 bwj0036 41290 MONITORS FOR MAINT. INSPECTO 559.19 F. 1 vchlist ! V06:,,'.r List Page: 2. 09/2512006 12:41:02PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 9989 912512006 000101 000101 CDWG (Continued) Total: 2,917.51 9990 9/25/2006 000863 CENTURY WEST ENGINEERING CORP. 023247 40976 PROJECT 30446-002-01 5,197.83 Total : 5,197.83 9991 9/25/2006 000729 CH2MHILL INC. 3563423 41281 0019- BROADWAY AVE CONST. MC 9,188.34 3563426 41025 0003-BARKER ROAD BRIDGE 40,750.46 3567161 40561 CH2M HILL BARKER ROAD P.E.,B F 20,460.57 3567244 41281 0019- BROADWAY AVE CONST.'MG 3,187.75 3567246 41011 SAFETY STANDARDS OF PRACTIC 1,764.50 Total : 75,351.62 9992 9/25/2006 001048 CITY PARCEL DELIVERY, INC. 0048764 SERVICES FOR 8/24-8/31 24.64 Tota 1 : 24.64 9993 9125/2006 000109 COFFEE SYSTEMS INC 43496 COFFEE ORDER-9/12/06 75.79 Total : 75.79 9994 9125/2006 000606 COLUMBIA FIBER SOLUTIONS 92 40995 FIBER INSTALL FOR CENTERPLAC 24,923.70 98 ACCOUNT #3856 119.46 Total : 25,043.16 9995 9125/2006 000060 DENENNY, RICHARD 092006 CELL PHONE ALLOWANCE 105.00 Total : 105.00 9996 9/25/2006 001134 DEPARTMENT OF HEALTH 091806 COPIES FOR AMERICAN BEHAVIO1 30.15 Total : 30.15 9997 9125/2006 000136 DEPARTMENT OF INFO SERVICES, STA' 2006080222 COMPUTER SERVICES 32.33 Total : 32.33 9998 912512006 000686 DEPARTMENT OF LICENSING 092106 CASH TRANSMITTAL 66.00 Total : 66.00 9999 9/2512006 000693 DEPT OF INFORMATION SERVICES, ST/ 2006060228 COMPUTER SERVICES FOR JUNE 23.60 Total : 23.60 10000 9/25/2006 000059 DEVLEMING, MICHAEL 092006 CELL PHONE ALLOWANCE 105.00 Page: 2 vchlist 09/25/2006 12:41:02PM Voucher List Spokane Valley Page: 3 Bank code: apbank Voucher Date Vendor 10000 9/25/2006 000059 Invoice PO 000059 DEVLEMING, MICHAEL Description/Account 10001 (Continued) Amount 9/25/2006 000987 ECOLAB Total 9930850 105.00 41271 JANITORIAL SUPPLIES 10002 9125/2006 000645 ECONORTHWEST 488.28 8260 Total : 488.28 SPRAGUE/APPLEWAY CORRIDOR 33,165.00 10003 9/25/2006 000724 FAULKNER, JASON 092006 Total : 33,165.00 REIMBURSEMENT 10004 9/25/2006 000171 GEIGER CORRECTIONS CENTER 778 48 41500107 Total: 778.48 AUGUST 2006 WORK CREW INVOU 10005 9/25/2006 001009 GOTHMANN, WILLIAM H. 5,493.57• 092006 Total : 5,493.57 - CELL PHONE ALLOWANCE 10006 9/25/2006 000002 H & H BUSINESS SYSTEMS INC. 105.00 149256 Total : 105.00 149296 AF1035-1060 CPC/EXCESS 149297 RICOH F1232P CPC/EXCESS 81.47 14929 RICOH F1232P/EXCESS 165.16 149303 RICOH F123P CPC/EXCESS 83.22 149309 RICOH F1232P CPC/EXCESS 76.73 149563 F2045 CPC/EXCESS COPIES 39.20 149658 F2060 422.00 FW760-780 352.92 10007 9/25/2006 000070 INLAND POWER AND LIGHT CO 110.77 - 94202-002 Total : 1,331.47 94202-003 BILLING DATE 8/30/06 BILLING DATE 8/30/06 38.38 59 94202-005 BILLING DATE 8/30106 125.29 94202-006 .29 . BILLING DATE 8130106 10008 9/2512006 000288 INTERNATIONAL CODE COUNCIL 201.60 01967024n Total ~ 424.45 0198159-N ICC CERTIFICATION DOCUMENTS CUSTOMER NUMBER 5219813 3. 30.48 0009 9/25/2006 000388 IRVIN WATER DIST. #6 30.46 . 092006 Total : 3,252.54 112500.0 192.04 Page: 3 Vouc,~-ist vchli st Spokane valley 0912512006 12:41: 02P M Bank code : apbank Amount Invoice Continued) PO # Description/Account Voucher Date Vendor Total: 192.04 10009 9/25/2006 000388 000388 IRVIN WATER DIST. #6 REIMBURSEMENT 40.16 092006 Total ; 40.16 10010 912512006 000266 JAMES, GAY ADVERTISING 25.00 10011 9/25/2006 000117 JOURNAL NEWS PUBLISHING INC. 28110 ADVERTISING 25.00 63.00 28112 ADVERTISING Total : 113.00 0040486 40982 0022 - JUB ENGINEERS, CONTS. IN 5419.46 10012 912512006 000864 JUB ENGINEERS, INC. 0041079 41166 06-001 STREET MASTER PLAN 3,006-46 0041081 41269 PROJECT: 70-06-0116 3,430.29 0041082 41269 PROJECT 70-06 064 Total : 62,505.17 REIMBURSEMENT 3.00 09132006 Total ; 3.00 10013 9/2512006 000635 KUHTA, SCOT? 000406-012 BARKER ROAD TRAFF 781.92 inv0090984 41234 10014 9/25/2006 001104 MCCAIN INC. Total ' 781.92 REIMBURSEMENT 1,210.79 091806 Total : 1,210.79 10015 9/2512006 000469 MERCIER. DAVID 04732-01 482.72 10016 9/2512006 000132 MODERN ELECTRIC WATER COMPANY 0 STREET LIGHT POWERIWATER 7,240.52 83008 71.45 083006-2 04562-11 3,393.61 083006-3 04559 01 Total : 11,188.30 CELL PHONE ALLOWANCE 105.00 10017 9/2512006 000062 MUNSON, RICHARD 092006 Total : 105. ' 00 • DUES FOR NORTHWEST HVACIR 300.00 10018 9/2512006 000882 NORTHWEST HVAC/R ASSOCIATION 338 Total : 300.00 OFFICE SUPPLIES FOR FINANCE 55.45 351943281 10019 912512006 000652 OFFICE DEPOT INC. Page: 4 vchlist Voucher List 0912512006 12:41:02PM Page: 5 Spokane Valley , Bank code : apbank Voucher Date Vendor - Invoice PO # Description/Account Amount 10019 9/2512006 000652 OFFICE DEPOT INC. (Continued). 351991684 OFFICE SUPPLIES FOR FINANCE 51.82 Total : 107.27 10020 9/2512006 000512 OFFICETEAM 16611015 SERVICES FOR CHARREL SANABF 519.75 16689520 SERVICES FOR KIMBERLY WILLIAI 589.88 Total : 1,109.63 10021 9/2512006 001133 PATRIOT FIRE PROTECTION, INC. 6-08-128r FIRE SPRINKLER INSPECTION SEF 304.08 Total : 304.08 10022 9/25/2006 001089 POE ASPHALT PAVING, INC. 42160 24TH STREET DRAINAGE 3,385.61 Total : 3,385.61 10023 9/2512006 000494 PRO PEOPLE STAFFING SERV INC. 16,077 TEMP. SERVICES FOR PARKS & RI 1,136.73 Total : 1,136.73 10024 9/2512006 000019 ' PURRFECT LOGOS, INC. 17146 41291 Carolina Blue Polo shirts for Valleyfes 64.55 Total : 64.55 10025 9/25/2006 000322 QWEST 090406 509-926-1840 96.94 Total : 96.94 10026 912512006 000341 RICOH CORPORATION 06101027130 CUSTOMER #428248 • 246.53 06101027429 CUSTOMER #428248 412.68 06101043459 CUSTOMER #428248 238.92 Total : 898.13 10027 9/25/2006 001071 'ROAD PRODUCTS INC. 005301 41252 DUST CONTROL 3,811.86 Tota 1 : 3,811.86 10028 9125/2006 000064 SCHIMMELS,.GARY 092006 CELL PHONE ALLOWANCE 105.00 Total : 105.00 10029 9/25/2006 000710 SPOKANE COUNTY BAR ASSOCIATION cb608039 PHOTOCOPIES 3.75 Total : 3.75 10030 9/25/2006 000656 SPOKANE COUNTY ENGINEERS 18032 ELECTRIC LINE PERMIT #083 155.28 . vchhst Vou .0 list 0912612006 12:41:02PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 10030 9125/2006 000656 SPOKANE COUNTY ENGINEERS (Continued) 18032-2 CONSTRUCTION PERMIT #024 80.58 Total : 235.86 10031 9/2512006 000090 SPOKANE COUNTY INFORMATION, SYS 61020 SERVICES FOR JULY 2006 14,755.48 Total : 14,755.48 10032 912512006 000898 SPOKANE PROCARE 092006 LANDSCAPING SERVICES 14,076.74 Total : 14,076.74 10033 9/2512006 000011 SPOKANE VALLEY CHAMBER, OF COMN 106030 JUDICIAL FORM LUNCH FOR DIANi 20.00 106095 ADVERTISING/2006 FALLIWINTER 1 1,480.00 Total : 1,500.00 10034 9/25/2006 000405 SPOKANE VALLEY COMMUNITY, CENTE 0972006 FUNDS TO SVCC & FOOD BANK 3,500.00 Total : 3,500.00 10035 9/25/2006 000404 SPOKANE VALLEY HERITAGE MUSEUM 08-109 41274 PHOTOS FOR VALLEYFEST 114.03 Total : 114.03 10036 912512006 001057 STAR RENTALS 13-105554-03 41289 ROLLER RENTAL 967.63 Total : 967.63 10037 9/25/2006 000257 STATE AUDITOR'S OFFICE L60884 STATUTORY AUDIT SERVICES 32,428.50 Total : 32,428.50 10038 9/25/2006 000211 STATE TREASURER 092106 Notary License for Carrie Acosta 20.00 Total : 20.00 10039 912512006 000063 TAYLOR, STEVE 092006 CELL PHONE ALLOWANCE 105.00 Total : 105.00 10040 9/2512006 000516 TETRA TECH/KCM 50041650 40617 TETRA TECH TOP SOIL MIX DESIGI 6,057.30 Total : 6,057.30 10041 912512006 001128 THE SPOKESMAN-REVIEW 8930 41275 8 X10 aerial photograph of UCity arez 54.30 Tota 1 : 54.30 Page: 6 vchlist Voucher List 09/2512006 12:41:02PM Page: 7 Spokane Valley , Bank code : apbank Voucher Date Vendor- Invoice PO # Description/Account Amount 10042 9/25/2006 000348 THOMPSON, KEN 092006 REIMBURSEMENT 197.35 Total : 197.35 10043 9/2512006 001108 TRAFFIC PARTS 239709 41236 0004, 06-012 BARKER ROAD TRAFI 5,605.84 Total : 5,605.84 10044 9125/2006 001024 UNITED RENTALS NORTHWEST 59036910-001 41279 UNITED RENTAL GEIGER TOOLS 148.95 Total : 148.95 10045 9/2512006 000167 VERA WATER POWER 0001-031971.02 BILLING DATE 9/1/06 71.67 0001-032805.00 BILLING DATE 9/1/06 19.48 0002-001425.01 BILLING DATE 9/5/06 176.33 0004-000755.01 BILLING DATE 917106 181.18 0005-016348.01 BILLING DATE 918/06 67.75 0099-000005.00 BILLING DATE 8/30106 1,714.40 Total : 2,230.81 10046 9125/2006 000964 VOLT 15123734 SERVICES FOR CHRIS LASALLE 537.18 Total : 537.18 10047 9/25/2005 000038 WASTE MANAGEMENT OF SPOKANE 035882-1518-0 SERVICE AT GRAHAM ROAD LAND 372.54 Total : 372.54 10048 9/25/2006 000633 WCPDA 091106 NON-MEMBER REGISTRATION 25.00 Total : 25.00 10049 9/25/2006 000061 WILHITE, DIANA 092006 CELL PHONE ALLOWANCE 105.00 Total : 105.00 10050 9/25/2006 000706 WSAPT, C/O ELLENA HAZEN 09182006 REGISTRATION FOR FALL CONFEF 180.00 Total : 180.00 73 Vouchers for bank code : apbank Bank total : 352,657.15 73 Vouchers in this report Total vouchers : 352,657.15 P:.. 7 vchlist Vou List 1 ' 8 0912512006 12:41:02PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the tabor performed as described herein and that the claim Is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify to said claim. Finance Director Date Page: 8 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 09-26-06 City Manager Sign-off: Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending September 30, 2006 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: ( OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Gross: $ 145,669.93 Benefits: 5 71,975.26 TOTAL PAYROLL: $ 217,645.19 STAFF CONTACT: Jason Faulkner ATTACHMENTS f MINUTES Spokane Valley City Council/Planning Commission Special Joint Meeting Sprague/Appleway Revitalization Plan Council Chambers - City Hall, 11707 E. Sprague Ave. September 14, 2006 CALL TO ORDER Mayor Diana Wilhite called the meeting to order at 6:05 pm. Mayor Wilhite thanked everyone for attending, and introduced Terry Moore, from EcoNorthwest, who would facilitate the rest of the meeting. Attending the meeting: Consultants Michael Freedman and Hiro Sasaki from Freedman, Tung and Bottomley, Terry Moore from ECONorthwest and Bill Grimes from Studio Cascade. From the City: Mayor Diana Wilhite, Deputy Mayor Steve Taylor, Councilmembers Dick Denney, Mike DeVleming, Rich Munson and Bill Gothmann. Planning Commission Chair Gail Kogle, Vice-Chair Bob Blum, Planning Commissioners John Carroll, Ian Robertson, David Crosby, Marcia Sands and Fred Beaulac. Staff: Dave Mercier, City Manager; Nina Regor, Deputy City Manager; Marina Sukup, Community Development Director; Greg McCormick, Planning Manager; Scott Kuhta, Senior Planner; Neil Kersten, Public Works Director; Steve Worley, Senior Engineer; Carolbelle Branch, Public Information Officer' and Deanna Griffith, Administrative Assistant PRESENTATION BY THE CONSULTING TEAM ~j Mr. Moore introduced the consulting team. Mr. Moore explained that Mr. Freedman would go through a presentation of the corridor and what recommendations the team has made so far regarding a City Center. Afterward the consultants would take questions from the Council and Commission members. Mr. Freedman made the following points during his presentation: • Covered the objectives of the evening. • Traffic that had kept Sprague healthy for years has now moved to 1-90. • Community's feels that the first impression of the City is Sprague and that the corridor makes the City's worst face. • Explanation of Vulnerability to Change study, shows which properties along the corridor are vulnerable to change. • Thoughts that Appleway going forward could be something different that what it is now. • Explanation that the way things are is based on zoning as it is now. The way to change things is to change the zoning. • Community aspirations, Comprehensive Plan Land Use, Community suggestions of the imps ;nce of a City Center. • Plan will begin with a City Center and work out to centers and segments and suggest design parameters. • City Center is the first step, what is it, how it's distinguished from a shopping center, what characteristics does it have. • A City Center is shared territory, a community home, where citizens can gather and find a sense of community, possible civic center, not a commercial strip. • Some of a typical investor's requirements are within a 5-7 mile radius that there are 30-50K households, approximately 30-50K cars going by a day and that it is an easy right turn on the way home. Approximately 20 acres of land. 69-14-06 Council/Planning Commission Joint Meeting Minutes Page 1 of 7 • Main street must have curbside parking, and slow moving two way traffic. Other items that are important include having surface parking or parking structures, anchor stores, civic buildings, library, movies, Part of the challenge will be that the corridor already has several anchor stores. • Several examples of successful City Centers around the Country. At this point Mr. Freedman covered where on the Corridor the City Center could be sited. • Where is there enough land that is vulnerable to change that could be developed? • The only space on the corridor where there is enough land available with most of the desired conditions is at the Sprague/Appleway - University area. • Mr. Freedman explained the choices and the good and bad of each of the suggestions. • The recommendation of the consultants and cone team is that the City Center be placed east of University between Sprague and App/eway. • After having discussions with the property owners, developers, in July and several other Focus Groups, comments that were made, suggestions about location, Community meeting comments from the September 13 meeting about suggested locations there was great support for the selected site, but there were other suggestions: Pines and Sprague, but there is not enough available land. Some of the other comments: If you put it on the south side of Sprague it will hurt the north side, safety is important, Is there a possibility of a freeway interchange at University. • There is great support for this project and support to get it done soon. • Phase One, the City Center, it will just be the planting of the seed. • Mr. Freedman showed a rough initial concept drawing of what a City Center ground floor could look like - it includes an anchor store of approximately 56K sq ft.; street layout with shops, street parking, entrances from Sprague, Appleway and University, buildings, a second floor layout that shows housing on the upper floors of the buildings; townhouses lining the Appleway Blvd., a road with green space leading from the grocery store across the street, leading in from Sprague and in front of the civic building. - • The role of the City leadership is key in a successful City Center development. • The siting of civic buildings in the City Center is important to help bring in the public realm and sense of community to the site. • Strategy Guidelines are: Policy is the minimum you could do to develop a City Center, the next would be to develop policy, select the site and entitle it with clear guidelines and zoning and hope that the property owners will follow through with the City's vision; or the most successful guidelines is for the City to develop a policy, entitle the site and make an investment in the City Center (land) to show that they (the City) have belief in their own project. Questions for Council/Commission are: • Are you comfortable with the site? • Are you comfortable including civic buildings in the plans? With the presentation over, everyone took a break. At the return, Mayor Wilhite thanked the consultants for their presentation, explained this is a study session and that there would be no public input at this time. QUESTIONS AND ANSWERS FROM COUNCIL/ COMMISSIONERS • Commissioner Kogle: A study was done by the Transit Authority regarding dollars spent on transit bringing in so many dollars in revenue, ratio of investment approximately. 1:7, is that something that you could see reflected in this study? Moore, The ratio is within the realm you could expect, it would depend on what types of involvement the City would invest in, but it is difficult to say without having apples to apples to compare. We understand that Light Rail is a possibility and that it would enhance the City Center; it would help to boost the housing element; we recommend that the City work closely with the transit planning people so that it would be 09-14-06 Council/Planning Commission Joint Meeting Minutes Page 2 of 7 able to enhance the City Center. Mr. Mercier asks if Light Rail were to not materialize, would it change the site selection of the City Center. Mr. Moore answers that it would not. _ Councilmember Munson: It was mentioned that the City could buy the land if we want to promote private investment; why would the City want to buy the land? Freedman: It makes the City's plan more likely to succeed; it gives the City more control over keeping it as the City needs it instead of having it fall out from under you at the last minute. You could zone it and just let the property owners just try and work it out and hope they come up with the vision you want. • Councilmember Schimmels: Last night you spoke of a transit center and the possibility of moving it, can you please expand on that? Freedman: From the point of view of ridership, where the transit center is is just fine, but if you want to gather the synergy of the retail, then when you are standing on the platform, you have to be able to see the Main Street or you don't get any benefit from it all. The suggestion would be to work with the transit people to build a station so that the entrance would look straight down to the Main Street. • Deputy Mayor Taylor: Assuming that we use options A, B & C, how long would it take to develop this? To get started? To get the commitments? Work with a developer? Would it be an RFP kind of thing? Freedman: Yes. If we have the land tied up, then you would go out and look for a developer, and after you find a developer it could take about five (5) years to bring something together. It is really a step by step process. 1. Get the site, make sure it is the right site, big enough, not too big. 2. Work with the property owners, see if you have a problem anywhere with them, if you have one you cannot get over then you have to look for another site. 3. FTB/ECONorthwest to develop a Performa stating what the City costs could be for a civic building, street design, amenities, open/green space. 4. Move toward the entitlement process, basically the zoning. 5. Begin to structure a deal with the property owners, working with ECONorthwest and their experts to assist in structuring a deal. 6. Issue an invitation only developer RFP to known developers with known track record, to prove that their vision is the City's vision. 7. Developer begins talking to tenants. 8. Find a phase planner for a civic building (going on at the same time). 9. Move forward with the Master Plan. The most important thing is to begin discussions with the property owners and determine if the site is truly viable before the other steps are taken on, to make sure that a new site does not need to be found in case of a problem. • Deputy Mayor Taylor: In terms of that timeline, we are currently working on updating our development regulations; how does that factor in, along with the recommendations that will come from this plan, is it good that we are going through this now or will it elongate the time frame? Freedman: A developer will nct *wlk to you until you have en entitled site, 4. is , + inly possible that the land use regulations are helpful, but the developer will want to see the Mayor and the City Manager saying that although we have not had a final hearing yet, this is a sure thing and we are moving forward with this, the sub-area plan is your new zoning. Sub-area plans such as this takes approximately 18 months on average, along the way there are plenty of other things we can do. • Councilmember Denenny: Most of the traffic discussion has been east and west but do you see an impediment that University is not an off ramp to the freeway? Can you see University developing more north/south as this moves forward?. Freedman: Quite a few people seem to be hung up on the fact that there is not an off ramp that says University, but frankly as you come from the west you get off on the exit that now says Sprague Avenue; on I-90 you are 09-14-06 Council/Planning Commission Joint Meeting Minutes Page 3 of 7 closer to University frankly, than if you went through one of the interchanges farther east. From that direction you have perfect interchange access, there is nothing on the Freeway that says, City of Spokane Valley next 6 exits, this way to Spokane Valley, you have a right to this kind of signage and we suggest that we work very hard with the State to get this signage changed. The off ramp at Sprague Ave should say Downtown Spokane Valley exit. It is a bit more difficult coming from the east, you can take Sullivan or Pines, which would make Pines a better City Center site but it is not as viable and University is a pretty good site and it can be signed so that it works. • Commissioner Carroll: Where will the North/South Freeway terminate? It will terminate closer to Freya, will that add or detract from your recommendation? Freedman: I don't know enough about it and I would like to have the traffic consultant Glatting/Jackson get back to you with an answer for that at a later time. • Councilmember DeVleming: Clearly the recommended site is a good one, what are some of its downsides? Freedman: Well, it does not have a University labeled interchange, as Sullivan and Pines do, it does not have quite enough north-south traffic, it has a confusing one-way/two- way traffic configuration, gas station on the corner, couplet is too far apart, University Road redirection is too confusing, market visibility is split, the grocery store is a good add, would recommend redesign of University to link better to the U-City site, would be good for everyone, designed the street so that the grocery store traffic would feed out right to the main street across the street, never get a grocery store to share a parking lot. • Commissioner Beaulac: What happens to the businesses on the north side of Sprague as the City Center develops? Freedman: Typically It would develop around and expand the City Center and the thought Is it would expand there first. Eventually you could encounter so much growth around the city that you would need to redesign the sub-area plan. • Councilmember Munson: The suggestion is that people will want to live and walk to work; at this time the City Center does not have an industry that would reasonably support that. Is there a place in the plan that would support that? Freedman: The suggestion would be that any place in the City Center that allows for housing you would allow for lodging or offices in order to allow for more uses to be incorporated into the upper levels of the Center. For example, female travelers will stay farther away from an airport, closer to the population in order to feel safer and not have to drive in order to fulfill the needs they have in their travels. City Center hotels are perfect examples of this type of development. • Councilmember Schimmels: In relation to the housing issue, what is the general mix preferred, rentals or owners? Freedman: Both works, but ownership housing is preferred. Attached family housing is a good example; and there are many forms that attached single family housing can take on and still look like a single home, where you enter your own home from a sweet enitrdntce and not ionl a joint entrance like an apartment. It is easier for developers to do rentals on top of retail, and wait to see if townhouses are selling before wanting to add it to their development. It is normal for developers to have to draw up special agreements with people to make sure that they understand it is not normal housing because there are different noises than in a residential neighborhood, street noise, smells, service trucks; will need to write special codes to cover the housing and mandate that the edifice of the building be flattering to the image of the City. • Councilmember Gothmann: You show on the plan a civic building, let's say that it is a City Hall and a library together, what would you do if you needed to expand those? Freedman: Currently the diagram shows the civic building to be 65K sq ft. Currently City Hall is using 30K sq i 09-14-06 Coundl/Planning Commission Joint Meeting Minutes Page 4 of 7 ft. However when we do plan civic building, space planning that planning would Incorporate growth and allow for approximately 25% growth. J • Councilmember Denney: How many acres are dedicated to open space, especially those that are in front of the civic building? Obviously that is a direct cost to the community, it would be a fair amount for the civic building itself and the green space. Freedman: There are City Centers that don't put in any green spaces, just as long as you have a Main Street, however it is not set in stone how much space is dedicated to open space, it can be as little or as much as you would like it to be. • Commissioner Carroll: What would the height restrictions be, two stories? Freedman: Our recommendation would be to allow a 4/5 story limit. Allow the tallest buildings in the entire City to only be in the City Center and make the statement that it is the City Center. The height also allows the developer to get the most from their investment, office space, lodging, condos on the upper floors. Civic buildings should be completely different, they should have rounded roofs, they should be at the terminus of a street, it should have towers, it should be special and grand, it should dominate the rest of the buildings and make a statement. • Councilmember Gothmann: You had stated that a library brings traffic to the City Center, are there any incentives to construct the library in the City Center? Freedman: Retailers love City Hall but they love libraries more because it generates more foot traffic. In terms of getting it paid for, you can get contributions for the libraries but that is more consistent for performing arts centers where you can go out and get private funding to build. As for assistance in getting a City Hall built, you can make a deal with the developer to build a City Hall with your specifications and then they would own it for a number of years and then the ownership would revert to the City. Moore: These deals come together in all different ways, but we are not near far enough along to being discussing how these things could come together. Gothmann: does it have a bearing that the City and the library are two different tax authorities? Moore: they are separate so the City has less control over what the library will do, but Michael has mentioned that the library has stated it's interested in being in the City Center. You definitely have two different funding sources, but it is difficult to tell how the funding sources will come into play separately, and it will require more discussion in that area. • Commissioner Sands: Based on the size of Appleway and Sprague and looking at the proposed design of the Main Street, you would want to create walkability if things, transit station stayed the way it is, Appleway remains so wide, how would you deal with that? Freedman: 'T'here are plenty of things that can be done to make things more walkable, street design, buffering from the parked and moving cars, buffering with street trees, with street lights, planting strips, wider crosswalks to reducing traffic lanes, retro fit the road for capacity for walkability, crossability and amenities. The sub-area plan will come back with suggestions for circulation capacity while providing more amenity. • Commissioner Beaulac: Councilmember Munson mentioned that Appleway is still an issue for the City, can Councilmember Munson explain that? Munson: No, I can not discuss it at this time, the matter is still under negotiations, Mr. Mercier confirmed that it is still a negotiation factor and can not be discussed. Mr. Moore stated that we believe pretty strongly that we need to agree on a site before we can get to the next step. We are trying to generate interest in an untested market. If we don't get to a site where we start to pursue something for real, we could continue to study it forever. This might not be the perfect site, but it is the best site we think we have to work with, but until we begin to move forward we won't know what we have to work with. Mr. Freedman stated there are a lot easier ways to make money than trying to build a City Center. This is a very big effort, 09-14-06 Council/Planning Commission Joint Meeting Minutes Page 5 of 7 it could create political controversy, and city expenditure. He feels there is nothing more wonderful that a City trying and achieving a City Center, but you need to understand this is a very big project, it pulls the staff from other projects because it is so big, the core team wants you to know how important it is but to understand it is a big undertaking and not to be taken lightly, it takes City money and as much as we love it, we don't want you to do this just because it is a good financial deal. Mr. Grimes laid out the following questions: • Question one: Are you comfortable moving forward with the preferred site for the City Center? light rail independent, freeway access is a pro and con based on exits, supermarket is considered a pro, however it is not laid out as well as would be preferred, Sprague and University as historic center in the community, ability to expand around the site, con could be that the transit station could be too far away to be considered a prime location for the City Center, bank and gas station not necessarily prime tenants but a manageable issue, the confusing terminus of the Sprague/Appleway couplet. There was discussion from Councilmembers and Commissioners regarding agreement that this is the preferred site - this is a good starting point, look at the amount of time and energy with the Comprehensive Plan and this falls in line with what we were thinking then, pretty closely echoes what we have heard from the Community over the years. Mr. Mercier asked if there are any objections, no one raises any objections. Deputy Mayor Taylor asked if we should bring in other players in other areas, Pines and Sprague possibly, to work on an alternative. Mr. Freedman stated that they would not suggest that. Everyone will know what the Council/Commission prefers/suggests soon and he would not suggest pursuing anything else at this time. Everyone in and around the community will know what we are doing and thinking soon and if anyone else is interested they will come to us at this point. Answer: is this the preferred site and continue to proceed forward stating that this is the preferred site. • Question Two: Are you comfortable with our continuing to include civic buildings as part of the City Center? City Hall at this site will allow for growth on this and expansion around the site. Inclusion of civic buildings reinforce and compliment other activities going on around the City Center. Library brings the most foot traffic. Con - we have other issues that require City dollars, sewer problems, road problems. Other possibilities are performing arts center, visual arts, civic recreational area. Discussions included ideas that if we don't start down this road, how will we know how much it will cost. There is the possibility that the Chamber and the Fire Administration offices are looking for a new home, is the cost to not building a identity going to offset not building a City Hall, will you lose more tax base in the long run if you don't become a real identifiable City? Proper choice of civic buildings can draw private dollars. Mr. Mercier: beyond economics is this group interested in creating a civic center or Sirup! an enterprise zone for r.^.tall td lty? T1, SC CMS that 7 V$ if you are drawn to the first, then that is a compelling argument to include civic buildings in your City Center versus building a non-shopping mall shopping area. The civic anchor Is what will set us apart from the rest of the areas. Is the library a good substitute for a City Hall, Civic center is more than one civic building on one site, a City Center is a district. Do you need to have a City Hall to have a City Center? No. Can you picture your finished downtown without one? Wherever you look at the best downtown City Center, can you see it without one? If you put it in your City Center, you double the bang for the buck; shows commitment, and helps bring economic development to that area; helps instigate change. Picture your end, what does your best success look like in your mind? 04-14-06 Council/Planning Commission Joint Meeting Minutes Page 6 of 7 Answer: Yes, continue to view this as a civic center, including City Hall as part of this plan. • Strategy options, Mr. Mercier - Should any of the strategies suggested earlier be taken off the table. Option C - securing the Community's rights to develop a City Center on the property, we are talking about the City buying the property, is that correct? If you have the proper zoning and development regulation in place can you do this without buying the property? Mr. Moore addressed this issue, in the end, you can do that, but in the end, you can not force the property owners to do exactly what you want them to do and at some point one of the property owners could chose to go another direction and cause enough issues that nothing would happen at that site and you would have to start over and find a new site. There would be risk that you could not accomplish your goals because you don't have enough control. Councilmember Gothmann suggested that it is exchanging one type of asset for another, land, with an amount of risk. Unless we start down the road of option C, we will not know where we will go. Another idea is securing options, as the first right of refusal on the property. Land value generally does not go down. Mr. Mercier wanted to make sure that there was some discussion on these strategy points before the consultant returns again. • Answer: Continue forward with the idea that the City could/would own or option the property for control. • Mr. Mercier stated that the City Council likes to have key policy points expressed early on in the discussion so it gives more time for consideration and weighing it as you move through these decision points. Part of the economic development study that we have commissioned is in search of determining what is the amount of available retail space currently along the corridor verses what is the predictable growth demand for that square footage over time, and to come to a determination as to whether or not we have a greater capacity of retail zoned property along the corridor than could be realistically expected to be used over the next planning horizon and if so, it would beg the question of what sort of modification of zoning entitlements would have to be considered elsewhere along the corridor as well as those complicated regulatory schemata that would be put in place in order to further the development of the civic center/City Center. Comments made were that there is no doubt that there will be difficult decisions along the way As we move forward with the site location we will not know where we are until we move forward. Let's move forward. Mayor Wilhite stated that some important decisions have been passed on to the consultants to move forward. Mayor Wilhite thanked everyone for their participation. The meeting adjourned at 9:00 pm SUBMITTED: Deanna Griffith, Adminictrathie Accictant Diana Wilhite, Mayor A'I"rrs,I': Christine Bainbridge, City Clerk 09-14-06 Council/Planning Commission Joint Meeting Minutes Page 7 of 7 DRAFT 'NILNUTES r City of Spokane Valley % City Council Regular i feeting Tuesday September 26, 2006 Mayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the 101' meeting. Attendance: City Staff Diana Wilhite, Mayor Dave Mercier, City Manager Steve Taylor, Deputy Mayor Nina Regor, Deputy City Attorney Alike UeVleming, Councilmember Mike Connelly, City Attorney Bill Gothma.nn, Councilmember Ken Thompson, Finance Director Rich Munson, Councilmember Mike Jackson, Parks & Recreation Director Dick Denenny, Councilmember Greg McCormick, Planning Manager Gary Schimmels, Councilmember Cal Walker, Police Chief Neil Kersten, Public Works Director Carolbelle Branch, Public Information Officer Greg Binpaman, IT Specialist Chris Bainbridge, City Clerk TiN'VOCATION: Pastor Darrell Cole of Wesleyan Church gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Wilhite led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present. A,PPROV_AL OF AGENDA: It was moved by Deputy M 6yor Taylor, seconded, and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: None. COi T'UT'EE, BOA.RT). LIAISON SUMA`IARY REPORTS: Councilmember Schimmels: reported that he attended a Solid Waste meeting a few weeks ago and that the group will take a few months off and will re-group in December or January. He also reported he attended a regional transportation meeting. Councilmember Denenny: stated that he attended the Spokane Transit Authority (STA) Board meeting last week where they discussed ridership, which has apparently increased 15% overall from last year's figures. Councilmember Gothmann: explained that he attended a Housing Community Development Advisory Committee to discuss grants. Councilmember Munson: said that he attended a Public Transportation Improvement conference where some smaller areas of Spokane Valley were considered to be added to the service district, and that a public meeting on that issue will be held in November; he also attended the STA Board meeting where they discussed positive trends in getting more people to ride the bus; lie went to a WSU Building dedication for their acadetnic center; and that last night he attended a Town Hall meeting at KSPS TV where participants were able to ask six state senators various questions regarding what the legislature is doing for our re Lion. Councilmember DeVleminQ reported that the Student Advisory Council's third installment of members occurred, and that Council can expect to hear presentations in the future; that he also attended a 911/Board meeting this morning where they are moving forward with the 211/mental health information issues including associated funding; that regarding crime reporting and crime cheek, the 311/Government information number might be a possibility; that the Board also discussed modeling of a modified crime Council Mceting: 09-26- 06 Page 1 of4 Approved by Council. DRAFT check or a different crime reporting center, adding that the new Spokane Police Chief said that is one of her highest priority; Councilmember DeVleming said that he would like council concurrence to continue that discussion in order to get something formally back to this council on what we want to do. Councilmembers nodded in agreement that they still want some crime check or similar reporting mechanism. MAYOR'S REPORT: Mayor Wilhite reported that she attended the Northwest Mayor's meeting where they signed a support statement for the N/S Corridor; that she also attended the Chamber of Commerce's annual meeting, the East Valley School District strategic planning meeting, and that she had an opportunity to meet with the new Spokane Police Chief. After Fire Marshall Kevin Miller gave a brief overview of the history of fire and Fire Prevention Week, Deputy Mayor Taylor read the Fire Prevention Week proclamation, proclaiming October 8 to 14 as the 2006 Fire Prevention Week. PUBLIC COMMENTS: Yvonne Alves 14 N Grady Lane, Greenacres: spoke concerning private development and private construction projects within the city, and of the McMillan Estates Project specifically, which started July 2006; how it affects the public, her problems with the designers and contractors, that the residents received no prior notification of the project and the activity blocked local residents without notice; there were interruptions of utility service; dust control and traffic control were also problems, that her calls to Eller Construction, Traffic Control, and Crime Reporting were all met with no response; that she suggests residents receive notification prior to the commencement of these projects; and that the developers/contractors be penalized for noncompliance. She stated that someone needs to monitor the projects on a regular basis, as she never saw anyone observing the work or letting neighbors know who to talk to when problems arose, and that she was frustrated to have never received a return call from the Police Department. Mayor Wilhite assured Ms. Alves that staff will research these issues and be back in contact with her. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. A Councilmember may remove an item from the Consent Agenda to be considered separately. a. Claim Voucher 49967, dated 9-13-06, for S14,200 to Valleyfest b. Payroll for Period Ending September 15, 2006: S 162,315.29 c. Minutes of September 12, 2006; Regular Council Meeting d. Minutes of September 19, 2006 Council Study Session Meeting It was moved by Deputy Mayor Taylor, seconded and imaninrously agreed to approve the Consent Agenda as presented. NEW BUSENE-SS 2. First Reading Proposed Ordinance 06-022 Levying Progert}, Tax - Ken Thompson After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded, to advance ordinance 06-022, levying property taxes at $1.60 per thousand dollar assessed value for the 2007 budget, to a second reading. After Finance Director Thompson gave a short PowerPoint presentation explaining the levy estimates, Mayor Wilhite invited public comment. No comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. ltlotion carried. 3 First Reading Proposed Ordinance 06-023 Confirming Excess PropeM Tax Lew - Ken Thompson After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded, to advance ordinance 06-023 con f rming the I% increase in 2007 property tax levy, to a second reading. Finance Director Thompson explained that this is the accompanying ordinance to the prior ordinance, and that state budget law requires an ordinance be passed confirming the desire to levy the annual l% allowable increase in property tax, or as an option, to decide not to pass the ordinance and forgo adding Council Mecting: 09-26- 06 Page 2 of 4 Approved by Council: DRAFT this amount to the tax levy. Mayor Wilhite invited public comment:; no comments were offered. Vote by Acclanration:.In Favor: Unanimous. Opposed: None. Abstentions: Alone. illotion carried 4. Motion Consideration: Bid Award. Poe Asphalt-Neil Kersten It was moved by Deputy Mayor Taylor and .seconded, to ativard the bid for street repair work to Poe Asphalt Paving, and to authorize the City Manager or designee to sign the contract in an amount not to exceed S200,000. Public Works Director Kersten gave the background of the bid award, including the need for the bid as the County has completed some pavement repair but has indicated they will be unable to do any additional work in the City this year. Mr. Kersten stated that there are still several street locations that require repair to prevent serious pavement breakup during the coming winter, and that Poe was the lowest responsive bidder for this proposal. Mayor Wilhite invited public comment; no comments were received. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried 5. Motion Consideration: Fund Allocations to Outside A_eencies -Nina Regor It was moved by Deputy itlayor Taylor and seconded, to approve the 2007 budget allocations for outside agencies. Deputy City Manager Regor explained that the original budgeted amount of $120,000 was the same as previous year; that the City received ten requests for funding totaling approximately $290,000; that at the last meeting Council determined to fund seven of the requests for a total of $130,000. Ms. R.egor stated that staff recommends the additional $10,000 come from the computer softwvaru- hardware appropriation, which will still leave sufficient funding in that line item. Mayor Wilhite invited public comment; no comments were offered. During council discussion, Councilmember DeVleming asked that next year's requests be divided into two meetings, so that one night will be dedicated to social services' requests; and the other night to economic development requests. Councilmember Munson also asked that we make sure that requestors know they should include a budget. Ms. Regor explained that staff has contacted Spokane Arts Council regarding their budget, and that they are in the process of creating their budget. The appropriations include: Big Brothers/Big Sisters 52,500; Project Access $30,000; Spokane Valley Arts Council $5,000; Spokane Valley Community Center $5,000; Spokane Valley Meals on Wheels $2,500; international Trade Alliance $20,000; and Spokane Area Economic Development Council $65,000. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. PUBLIC COM? ENT.S: Mayor Wilhite invited general public comment; no comments were offered. ADMIl\IST:RATTVE REPORTS: 6. Animal Control Contract Update - Nancy Hill Spokane County Regional Animal Protection Service (SCRAPS) Director Nancy Hill gave a PowerPoint presentation on the pet license campaign, animal protection services, and revenues versus expenses. She mentioned that the organization works hard to keep expenses down, and they have not filled one vacancy, adding that the current fuel costs are wrecking havoc with their budget, Councilmember Munson asked what percentage of revenues could be attributed to Spokane Valley, and Ms. Hill said she did not have that information handy, but will get those figures to Council. Discussion included mention of any cost cutting initiatives for 2007; fee increases; boarding fee increases; and that the fees should be based on cost recovery. City Manager Mercier mentioned that staff will research to determine if the City has regulatory authority to require people who sell pets, to have them licensed at point of sale, and/or some type of reporting mechanism to animal control. After further Council discussion, Mr. Mercier stated that there is Council consensus that Council would like Ms. Hill to take the message to the Board of County Commissioners that Council favors the fee increases. Mr. Mercier added that Ms. 1-1ill might want to check the rate increase proposal against the CPI increase over a set time span as moving from a former 55.00 to a proposed $10.00 license fee is not a sufficient increase to keep in line with the CPI from the same time span. Council Meeting: 09-26- 06 Page 3 of 4 Approved by Council: DRAFT Mayor Wilhite called for a short recess at 7: 25 p.m., and reconvened the meeting at 7:34 p.m. 7. Community Development Block Grant (CDBG) Application - Greg McCormick Planning Manager McCormick went through the CDBG process, background, and timeline, including mention of key dates. Discussion included the concept of a City entitlement area including funding speculations; the Sewer Tank Elimination Program and with the conclusion of that program, projections from HUD as to what we could get as entitlement. Mr. McCormick mentioned this issue will be brought back to Council October 10 to discuss project ideas; and October 24 for a public hearing. 8. General Budget Discussion - Dave Mercier City Manager Mercier said this is one of several budget discussions Council will engage in as Council considers adoption of the 2007 budget and examines upcoming budget years. Mr. Mercier distributed copies of page 83 of the proposed 2007 budget, showing "Street Fund-Problem Statement #2;" and said that the question is, what can we do to push that deficit year (2009) off further in the future; and that one option would be to do less with a sustained level of service. Mr. Mercier's additional handouts showed areas highlighted in yellow as possible areas to reduce. Mr. Mercier stated that the different scenarios showed optional spending levels to have the deficit appear later. Further discussion included applying fiscal restraint now and a level service of spending;; come back later with options on how to provide more stable funding for street maintenance; that our gas tax is one of the largest sources of revenue for this fund; recommendations that Council give serious consideration for the 2010 and 2011 model, knowing they always have the opportunity to come back and re-calculate later; the bleeding down of the current amount of the fund balance; that the 2010 model keeps existing programs intact while waiting for the completion of the street masterplan; that the 2011 model might make it easier to adjust in favor of positive changes rather than negative ones; the need to lower the spending curve; the flexibility of the budget and the process of amending it; and the possible fiscal impact of Initiative 933. After farther discussion of Initiative 933, it was Council direction to place that issue on the October 10 council agenda for a public hearing. 9. Personnel Ordinance/.Resolutions - Nina Regor Deputy City Manager Regor explained that at the August 8 council meeting, staff presented a few areas of potential modification of the current personnel ordinances and resolutions, and tonight Council can take further opportunity to review those regulations. Ms. Regor also mentioned that some of the changes were made to make the documents consistent with the recent collective bargaining agreement, and some changes were merely scrivener's errors. [Note: Councilmember Gothmann stated he was not feeling well and was excused from the meeting at 8:1.5 p.m,] Council discussion included the suggestion to have staff research to see if the medical plan needs to be approved by resolution. Ms. Regor stated that the ordinances and resolutions will be scheduled for future council meetings for adoption consideration. As the remaining items were informational in nature and not for discussion, it was moved by Councilmember Denenny, seconded, and unanimously agreed to adjourn into Executive Session until approximately 9:00 p.m. to discuss land acquisition, and that no decision will be made upon return to the regular meeting. Council adjourned into Executive Session at 8:24 p.m. At 8:56 p.m. Mayor Wilhite declared Council out of Executive Session. It was moved by Deputy Mayor Taylor, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:57 p.m. ATTEST: Diana Wilhite, Mayor Christine Bainbridge, City Clerk Council Meeting: 09-26- 06 Page 4 of 4 Approved by Council: MINUTES CITY OF SPOKANE VA L1 EY CITY COUNCIL S'T'UDY SESSION Tuesday, October 3, 2006 Mayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the meeting. Present: Councilmembers: Staff: Diana Wilhite, Mayor Nina Regor, Deputy City Manager Steve Taylor, Deputy Mayor Cary Driskell, Deputy City Attorney Dick Denenny, Councilmember Ken Thompson, Finance Director Bill Gothmann, Councilmember Neil Kersten, Public Works Director Rich Munson, Councilmember Cal Walker, Police Chief Mike DeVleming, Councilmember Morgan Koudelka, Administrative Analyst Marina Sukup, Community Development Dir Absent: Carolbelle Branch, Public Information Officer Gary Schimmels, Councilmember Greg, "Bing" Bingaman, TT Specialist Chris Bainbridge, City Clerk It tigers moved by Deputy Afavor Taylor, seconded, and 7.rnm mously agreed to excuse Councilmember Schimmels fi•orn tonight's meeting. Mayor Wilhite announced that tonight's agenda is amended to include as a last item, an Executive -1, Session to discuss land acquisition. 1. Regional Site Selector - Robin Toth Robin Toth of the Economic Development Council, gave some background on the proposal which has been in process for approximately six years; she explained that a GIS-based regional economic development website called the "Site Selector," is a tool which would place real estate listings on a web- based interactive map to allow potential commercial investors to research sites; and she invited the City of Spokane Valley to participate. Ms. Toth explained that this website would allow the region to be seen nationally and internationally; that it is currently sponsored by consortium partners City of Spokane, Spokane County, Washington State University, Avista, Spokane Area EDC, and the City of Liberty Lake. Jamie Miller Traeger of JINTA Commercial (teal Estate voiced her support of the project, and she mentioned the Pinecroft Business Park as an example of something which many people world be interested in, nationally and internationally; adding that as Pinecroft grows, so grows t:he Valley. Tan VonLssen and John Bottel of Spokane County then went through the remainder of the PowerPoint presentation to explain why this is important to do over the internet; that it is a powerful marketing tool with layered information on vacant parcels, utility providers, and area demographics. Council discussion and questions ensued. It was mentioned that the data is updated three times a year on the GIS, and the commercial real estate site is updated daily. The application allows for custom searches; that the group continues to recruit more players and the city of Cheney has expressed interest; and as more partners join, the per-share cost is lowered. Councilmember Munson asked how much of the $65,000 the City pays the EDC, is used to develop this project. Ms. Toth indicated that the.EDC provides $5,000 of their overall revenue toward this project. She stated they are asking everyone to commit additional funds to have full regional collaboration. Mr. VonEssen added that people are working to 1 ensure that this system will come up in a GOGGLE economic search. He also stated that since they want the realtors on board, they are not charging them; that the cities will be linked to their website with screens created to make it appear as though people are coming right into the valley. Meeting ~Minutcs: 10-03-06 Page i of 3 Approved by Council In response to council's budget question, Ms. Regor replied that this project has not been budgeted, and staff seeks council direction. Councitmember DeVleming recommended we move forward. _ Couneilmember Munson stated he feels this is a good tool, but is concerned about paying the EDC $$5,000, and feels the budget issue needs to be researched. Councilmember Gothmann mentioned that it appears at the present there is little incentive for local businesses to get involved, and he would like that examined further; and he expressed concern about tradeoffs of not having streets fixed. Deputy Mayor Taylor said he would also like to see more direct participation and a larger part of the price picked up by prime beneficiaries as he too would not favor cutting back on some road maintenance services; yet feels this is a good tool and the project should be further researched. Councilmember Deneany expressed concern if we don't participate, how the project will deal with our City's data. As this will have an impact on the budget, it was Council consensus that staff conduct further research as mentioned above, including the capability of the software, how long the system will be viable or would it be outdated in a few years, and to determine which fiends would pay for the City's share of the project. 2. Amendment to fLJB Contract for Street MasterPlan for Street Development Standards - Neil Kersten Public Works Director Kersten explained that Council has received two informational memos regarding the update of the Uniform Development Code, and as part of that process, we will also update the existing Spokane County Road and Sewer Construction Standards; that staff does not have the capacity to complete a project of this size so they are therefore proposing a contract amendment to JUI3 Engineers who are in the process of developing the City's street masterplan and are familiar with the streets. Mr. Kersten also mentioned looking at ways to slow the traffic in residential neighborhoods, and to find better ways to integrate new developments as they are placed in current neighborhoods. Mr. Kersten stated that staff has started to implement requirements for notification; and is examining ways to require some type of developer sign to include the name and contact information for the developer and contractor. It was Council consensus to place this item on the next council agenda for motion consideration. 3. Right-of-way Permit Process Update - Morgan Koudelka Administrative Analyst Koudelka went through his PowerPoint presentation explaining the. right-of-way history, purpose, current requirements, process, reasons for change, proposed fee structure and various permits,'and the highlights of the draft ordinance. After brief council discussion concerning the one or two million dollar insurance requirement, it was Council consensus to place this item on a future agenda for an ordinance first reading. It was also suggested that Mr. Koudelka send the members of the Ad 1-loc corntnittee notification that this issue is coming up for approval and requesting any final response to the drat ordinance. It was also determined that the definition of "mobile" be clarified; and that Mr. Koudelka examine the cost recovery to determine if there are enough permits to change the fee consideration. 4. Police Emphasis Areas Reno_rt_- Cal Walker Prior to Chief Walker's police report, he mentioned that concerning the right-of-way process, that he needs a mechanism to deal with emergency responders so their process is not impeded during an emergency; and that he would like clarification on the overweight and over-height vehicles as part of this same process, as there have been haulers who stop in the center of a roadway or on the road sides, and he would like to include something to address what is or is not a viable time or location to handle haulers. Chief Walker then went over the highlights of his "Special Emphasis Report." Council asked if in the future, the SCOPE annual community services banquet could be held on a night other than a Tuesday so members of council could attend. Counci.lmember Munson asked if they could receive a further briefing on gangs at it future study session. After a brief discussion of speeds allowed in front of schools, Deputy City Manger Reg or mentioned that school zones are included in the traffic ordinance amendments set for the October 17 meeting. Meeting Minutes: 10-03-06 Page 2 of 3 Approved by CounciL• 5. Advance Agenda Additions - Mayor Wilhite _J Mayor Wilhite reminded Council and the audience of the upcoming Revitalisation Community Workshop set for October 11; and of tomorrow's "Conversation with the Conununity" at the Valleypoint Baptist Church. Mayor Wilhite also mentioned that Councilmembers Denenny, Gothmann, and Munson will be absent from the October 17 meeting, and she will check to see if Councilmember Schimmels will be in attendance so that it will be possible to have a quorum for that meeting. Councilmember DeVleming mentioned he would like to add to a future meeting, the Student Advisory Council Bylaws; and an agenda item to discuss a modified crime check system. 6. Council Check-in - Mayor Wilhite. Other then advance agenda discussions as noted above, there were no further Council comments. 7. City Manager Comments -Nina Reoor. Deputy City Manager Regor had no comments. EXECUTIVE SESSION: It was moved by Deputy Mayor Taylor, seconded and unanimously agreed, to adjourn into Executive Session until approximately 8'30 p.m. to discuss land acquisition, and that no decisions ►vill be made aftertia:ards. Council adjourned into Executive Session at 8: 00 p.m. At 3:34 p.m. Mayor Wilhite declared Council out of [secutive Session. It was then moved by Deputy Alayor Taylor, seconded and unanimously agreed to adjourn. The meeting adjourned at 3:35 p.m. ATTEST: Diana Wilhite, Mayor Christine Bainbridge, City Clerk Nteeting,4inutes: 10-03-06 Page 3 of 3 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 10, 2006 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Initiative 933 GOVERNING LEGISLATION: RCW 42.17.130 PREVIOUS COUNCIL ACTION TAKEN: NA BACKGROUND: RCW 42.17.130 allows the city council to express a collective opinion or to vote upon a motion, proposal, resolution, order, or ordinance in support or opposition to a ballot proposition as long as notice of the meeting is provided and members of the council and members of the public are afforded an approximately equal opportunity for the expression of opposing and supporting views. Attached are several documents both in support and opposed to the initiative. `f OPTIONS: Support, Oppose or take no action on the ballot proposition initiative 933. RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Mike Connelly ATTACHMENTS Attachment A: AWC Initiative 933 (1-933): Government Regulation of Private Property ; Association of Washington Cities; Attachment B: Summary: What Does the Property Fairness Initiative Do?, Protect your Property Rights Web Site; Attachment C: The Impacts of Proposed Initiative 933 on Real property and Land Use in Washington State , A study conducted by the Northwest Center for Livable Communities, University of Washington; Attachment D: The Property Fairness Initiative Endorsements, Protect your Property Rights Web Site; Attachment E: Potential Impacts of 1-933: Concerning Government Regulation of Private Property, Office of Financial Management, State of Washington; Attachment: F: !-933 Will Protect Property Rights, Protect your Property Rights Web Site i Page 1 Chris Bainbridge From: vnh a onemai€,.com Sent: Wednesday, September 27, 2006 8:59 AM To; Chri$ Bainbridge Subject: RE: legal publication - initiative 933 notice - -hris, 'II start this on friday 9129_ We'II just add it to the list that was confirmed yesterday- Thanks! Jolene -----Original Message----- From: Chris Bainbridge [mailko:C6ainbridge spokanevalley.org] Sent: Tuesday, September 26, 2006 9:08 PM To. vnhOcinemain.com Subject: legal publication - initiative 933 notice - Importanoe: High Jolene - please publish the followiiq legal notice, Sept 29 and Oct $th, Thanks Let we know if there's any problems, Chris Bainbridge, CMC Spokane Valley City Clerk 509-688-0177 SPOKANE VALLEY CITY COUNCIL PUBLIC HEAKN SPEZIAL NOTICE Notice is hereby given that the Spokane Valley City Council has scheduled the following as part of its October 10, 2006; pwguIar meeting: 1, tin lie ~Ie.arin . initiative 933: An Act Relating to Providing Fairness in Government Regulation of Property. 2, ution ConsideraEion, initiative 933, The initiative title as it would appear on the ballot: Ballot Title This measure would require compensation when government regulation damages the use or value of private property, would forbid regulations that prohibit existing legal uses of private property, and would provide exccptions or payments. Spokane Valley City Council meetings arc held at 11707 E. Sprague Avenue, Spokane, Washington- Council meetings begin at x;00 p.m. The Public Hearing w i I I begin shortly after 6:00 p.m. I Christine Dainbridge Spokane Valley City Clerk Publish. September 29, and Oct , 2006. 10!,5!2006 Protect Your Property Rights, Vote Yes on 1-933! Page 1 of 1 1-933 will protect private property rights from excessive government regulations that damage the use and value of private property. State and local governments have already begun dismantling these rights. Below are several examples. King County has adopted a "65-10" plan requiring some property owners to leave 65 percent of their property in native vegetation, and to have "impervious surfaces" on no more than 10 percent. Impervious surfaces, in King County, include dirt and gravel roads. Thurston County is considering a set of regulations that would impose 300-foot buffers along waterways; require some property owners to fence themselves out of part of their property for wildlife habitat, restrict gardening and agricultural activities, limit the use of some generators, and damage use and value of property by not permitting additional structures on some properties. Clark County has proposed to set aside habitat for banana slugs. Jefferson County has proposed 450-foot "default" wetland buffers, threatening the flexibility farmers need to stay in business. The City of Bellevue considered banning tree topping, which would have limited the view from many properties. The City of Saminamish at one point created a "lottery" to drag the names of residents to determine if they were allowed to apply for permits for uses already allowed on their properties. The state Supreme Court has upheld a growth hearings board order for Ferry County to adopt habitat restrictions for certain animals that have not been seen in Ferry County. A growth management hearings board has ordered Stevens County to adopt property use restrictions to protect a bird that is not on the state or federal protected species lists and is found in great abundance across several states. http://www.propertyfaimess.com/examples.httn 9/29/2006 Page 1 of 6 Protect Your Property Rights. Vote Yes on 1-933! Why Vote Yes Click here for the text of 1-933. (PDF For :adobe Reader, visit w%vw.pdo c.com ) Click here for a summary of I-933. Click here for current examples of unreasonable land-use regulations. Frequently Asked Questions Q. \Vhy did Washington Farm Bureau file the Property fairness initiative? A. For more than a decade, Washington Farm Bureau has urged the Legislature to protect the use and value of private property against increasing government restrictions. Unfortunately, the Legislature has failed to act, and in the meantime, regulations harming property values and restricting reasonable use of private property have only gotten worse. Far n Bureau felt it had to sponsor an initiate that protects the rights of property owners under the state and federal constitutions. Q. \V at would Farm Bureau's Property Fairness Initiative require government to do? A. First, it would require government to identify a problem before it adopts a solution. Too often government adopts broad rules or regulations to "fix" problems that don't truly exist. Lawmakers pass laws and regulators promulgate regulations that aren't always necessary. Our initiative would require government to determine that an actual problem exists before adopting a solution. Second, our initiative would require that government identify the impact that its proposed "solution" would have on property owners BE-FORE passing legislation or adopting rules and regulations. We believe responsible government should understand the impact of its actions on the people it represents. Third, our initiative would require goverrunent to consider whether the problem it identified can be solved through voluntary, cooperative efforts with willing landowners, again BEFORE passing legislation or adopting broad rules and regulations that affect all landowners. Finally, our initiative would require government to compensate http://wNw. prope.rtyfaimess. com/why\,ote.htni 9/29/2006 Protect Your Property Rights, Vote Yes on 1-9331 Page of property owners when legislation or regulations adopted since .Tan. 1, 1996; harm property values Or damage a landowner's ability to use property in ways that were legal prior to that time- Our initiative w. ould require government to follow our state and federal constitutions, both of which prohibit governrent from taking or harming private property without compensation. Our initiative would protect our rights in our property gaaranteed by our state and federal constitutions. - What if government. can't or won't provide compensation to property owners? A- First. since oitr initiative would require government to understand the impact that new legislation or regulations would have on properly owners 13 EF0RE those laws and regulations are adopted, government woaid have the option of not passing legislation or approving regulations it can't afford, and finding less cr>stly or burdensome ways to address the situation. Remember, our initiative would require government to actually identify a problem and explore voluntary, cooperative solutions BEFORE resorting to government mandates. Second, gv%,ernrnent would have the option of waving a rule or regulation rather than payi-Dg compepsation. Q. ritics have said that Farm Bureau`s Property Fairness h-Litiative would make it impossible for gomniunities to protect the publi c's Health and safety or regulate adult enteilahiment. A. "That's pure nonsense, The initiative clearly states that "dann.aging the use or value" of private property "does not include restrictions that apply equally to all property" subject to an agency's jurisdiction, including restrictions "necessary to prevent an immediate threat to human healih and safety" and "limiting the Ioca6on or operation of sex o 'erider housina or adult enterta.ia}ment," Q. 'Why shortld government be forded to compensate individuM property owi}e-rs who may be adversely afi'ected by land-use rules and regulations? A- No government is Forced to compensate, because of this simple fact: If-government does not damage the use or va] ue of private property, then no compensation j due. The question of compensation for damage was answered vi ore than 100 years ago when the people of Washington adopted a C'onstituticn that states; "No private property shall be taken or damaged for public or private use without just compensation having been first made.,," The, people of the United States also answered the question more than 200 years ago when they adopted a Constitutiork that states, "nor shall private property be taken for public use, without just http:l/ ,~vw.propert fdimess.coi-n/% vhyvotc,.tiMi 912912406 Protect Your Property Rights. Vote Yes on 1-933 ! Page 3 of 6 compensation." The question is not whether government should pay when its actions take or harrn private property for a public purpose, but whether state and local government in Washington will be held to those standards set forth by the state and U.S. constitutions. Q. Will Farm Bureau's initiative benefit developers? A. Some property owners may decide to build homes or sell their land, but our Property Fairness Initiative would not open up vast amount of land to development. It is always possible that developers will buy land that is now zoned for agriculture in the hopes that someday urban growth will force counties, especially those along the 1-5 corridor, to change that zoning. But our initiative would not aid them in getting property "up zoned." Our initiative is about protecting against government damaging the use and value of private property and about treating people fairly and equally. While government should compensate landowners when regulations harm property values, government does not owe speculators a profit. Q. Now that the Oregon Supreme Court has upheld Measure 37, the property rights initiative adopted by Oregon voters in 2004, how does that affect Washington Farm. Bureau's initiative? A. While Farm Bureau's Property Fairness Initiative is significantly different fron Oregon's Measure 37, it's encouraging that the Oregon Supreme Court recognised the right of the people to protect their private property rights against overzealous government regulation. More than 60 percent of the voters in Oregon were in favor of Measure 37, and we believe the people of Washington will be just as supportive of our Property Fairness Initiative. Q. How does Farm Bureau's initiative differ from Oregon's Measure 37? A. There are two significant differences. First, Measure 37 requires government to compensate landowners for regulations adopted anytime since the owner acquired the property. 1°arm Bureau's initiative requires compensation for regulations adopted since Jan. 1, 1996, which treats all property owners the same, regardless of when they or their families purchased the land. Second, going forward, our initiative would specifically require government to consider the impact of its actions BEFORE adopting regulations and to first seek voluntary, cooperative solutions. Q. Would I-933 apply to all personal property or only to real http://v ti;,xv.propertyfairness.com/wh},\,ote.htm 9/29/2006 Protect Your Property Rights- Vote Yes on 1-9331 Page 4 of 6 estate'? A. 1-933 would apple to all personal property, tangible and intangible, This was necessary to protect water rights au-id agricultural anfrastructure, such as tide gates. Q. Does that mean g vernment woOd he liable .for claims Geer regulations "d~ui,agii}g use or value" of vehioles, stocks €uid bonds, intellectual property or anything else xe- n ern? A- In most cases; no. The initiative clearly states that "damauing the use or value" dour not apply to restrictions that are applied "'equally to 411 property subject to the agency's jurisdiction," or those that are necessary "to prevent an immediate threat to huinau health and safety," Property owners can sue the government over anything they wait, as they can today .13ut the general applicability clause means they v.ould not be able to rely in I-533. , Same critics say I-933 would snake it iinpossable for the state to fulfill its obligations under the 'lean Water Act, 'lean Air Act, or other federal regulations, roeaning the federal government wo old need to step in anti assume n7.ore direct responsibi1iN fer these regu lati ons- A.- Again; tie general applicability clause referred co above would prevtmi this from happening. As long as the state applies the regulations "equally to all property subject to its jurisdiction" or those regulations are necessary "to prevent an irxunediate threat to human health and safe l'y," f-933 would not create any probl. erns for the state in meeting its federal obligations, Q, Would 1-933 undo the state Shorelines Mana ement Act, since those regulations wer, updated after 1996, ever though the original law ;Aw passed in the 19 70s A- 1-933 would not "imdo" or repeal any regulations. All rules and regulations ou the books today, Including Shorelines Management. v.ould remain in effect after 1-933 is approved, If those regulations „damage the use or value" of private property, individual propcr mvners ~,vould be able to file a claim with the goverri ment for compensation. If the courts find iv favor of the prope. y m,ner, the government would nerd to pay compensation, or w. aive the regulation, but only for that individual, In some uist=ces, governments may decide to repeal existing regulations, or revise there to be generally applicable, to reduce their liability Ior compensation. But T-933 would not undo auiy existing regulations. - Would I-933 affect the abil sty cif counties to regulate .residential deasit , in. rural arms? A. Most rural zoning was in place before 1 996, so it would not be http-//vrw~v.propertyfaii-ness.com/,vbyvote.htni 9/29/2006 Protect Your Property Rights. Vote Ye.s on I-933! Page 5 of affected by 1-933- CoLmties that have "duwnsized" rural density -51nce 1996 may b~, liable for compensation if the downsi.7-ing damaged use or value of the property, or they could waive regulations for property owners who could prove. they had been harmed in court. Q, Why is the Fsrm Sui~au initiative 3-e.troactive to Jan. 1; 1996? A. Although' goveniment adopted many comprehensive land-use plans in the 1970s and 198Os, government actions that urAairly restrict the reasonable use of property liaLve greatly increased iD the last 10 years. Our county Farin Bw-eau leaders agreed to make the initiative retreactiVe to Jan- 1, 1996, f0T a variety of reasons. Prior to 1996; the Growth Management Act made preserving farmland of equal importance to protecting critical areas. In 1996, counties began revising their critical area oMinw3 res. using new guidelines that made preserving agriculture secondary to "best available scienec." Our goal is also to introduce Fairness and balance i» how government regulates private property, while also .providing some certainty for government and property owners, Going back farther than 1996, or back to whe3,ever the property owner acquired the Iand, as Oregon did in M easure 37, would have ereated greater uneertainly For everyone- Our initiative would 13ot affect ]and-use planning adopted prior to 1996- ert~+ r-1 7hts Q fi at n3 a will approve a prop ~ kes you thank vote i~ initiative in Washim~ton`' A. Washington Faun'bureau represents thousands of Fanners and ranchers alid other property ovmers across the state and they very clearly feel the need for a property rights initiative, In addition, recent pol Iing shows that 79 percent of the voters support a property rights measure in Washington- - Why doesn't Farm Bureau's initiative specifically address the, 170vejnment'4' CLSe of eminent domau7 to take private property? A.- Last summer; the 'U,S. Supreme C;oart ruled in bolo v. Ne~v London that government, under the'U. . Constitution, could use f 3minernt domain to take private, property for private development. Iii the'wake oCthat decision, states across the countyy rued to stre3,gthen state laws to preve3}t that kind o outrageous "taking" of, private property. Wben we were drafting our I-A iative, it looked like our state Legislature would follow suit. LJnfortunately, our state again failed to act to protect private property Tights, In addition, state law requires irdtiative.s to address a single subject. Our hiitiative addmsses government compensation then rules and IT,- Qulations harms of restricts the use of private property. While 1ve endorse tighter restrictions on ho %v government can exercise ' eminent domain to take private property, including that in our i http:llwvvw.propertyfairness-coml ,li vote.htrn 912912006 Protect Your Property Rights. Note Yes on 1-933! Page 6 of 6 initiative could have made it susceptible to later legal challenges under the "single subject" rile. Q. Would Farm Bureau's initiative undo the Growth Management Act? A. No. Neither would it undo a county's comprehensive land-use planning, agricultural zoning or any similar protections. Our initiative would require government to compensation property o,.vilers when the use of their land is harmed or damaged by goveniment action. Q. Who v«•ote the Farm Bureau initiative? A. The initiative was -NN-ritten by a prominent land-use attorney hired by the Washington Farm Bureau following several months of informational meetings with county Farm Bureau leaders and other interested groups. The Washington Farm Bureau board of directors approved the final language on Feb. 7. Q. ffliere can I read the initiative? A. You can read the full initiative here. Q. How can I get involved'? A. You can get involved by making a campaign contribution, writing letters to the editor of your local newspaper, putting up yardsigns, and talking to your friends and neighbors about the Property Fairness Initiative. To make a contribution or volunteer, go to Aiivw. roPert~jfairness.cona or call 360-528-2909. http://Nvvv,",.propertvfaim.e-ss.com/whyvote.htni 9/29/2006 J-uly 2 0 0 6 1 OCIAT10f4 Initiative-.933 i-933): Government ASS. rif " ~ Regulation Of Private, Property EnrtlatiVe 933 - Government Regulation Require compensation fn advance of enforcing a of Private P roper regulation that results in "damaging the use or value of The"Property Fpfrnass Coalidon" organization has filed property" lnitfacfve 933 {please see .se[staw. a.govlelectionsl i prohibit loral or state government from charging init[ativas1texr}i`133,pdf for a cagy of this initiative], applicants a fee when dexerraining whether Ca grant a lriitia, Ne 933' would fundamentally impact haw the stale, variance or waiver to avid liability. citles and countles regulate land use-The basic idea is that: Frequeritly Asked Questions Prior to adopting regulations that limit the use of private Haw does I-433 affect current zoning and regulations property,afternatives should bs consiA red and imparts Ad°pted under the'Gmwth ManagernentAct ((3 MA) 2 determined on specific proper[fes;- It prohibiLs ndaprbn of any new C,MA regulatfons €}ia-c don't allow a. use that has been per rr ked in the pastA city can"t: If proposed regulations decrease values - no matter how adopt a new, more restrictive use and then pay for it_ small, governinont shouldn't impose them or muse pay; + and How are critical area regulations impacted? Cities or counties can't enforce critical area regulations If applying or enforcing a isdog reZ gacions would adopted after January i, 199 6 chat impose greater decease to any extent the value of p ropercy, gove rnm ent restrictions on the properry with❑urRnc corn p ensating must pay for decrease or trot apply or enforce, property owners for any decline in use, How this all works, which regulations are intIuded and how ReguIadons.tfed to the enviranms nC, like prohibiting it applies co aiew as compared w already in place regulations development in wetlands, steep slopes or buffers around is not clear , in part because provisions apply retroactively in streams, no matter when they were adopted, can't be several instances-Tay many legal and frnd use interests, 1-933's enforced without compensation. language is considered vague and ajnbiguous.IF it is adopted, the courts .Ukefy will' define its scope, 1-933 includes a list of regularions ,exempted From compensation, including a regularioM that prevents an' Overview, irnmediate :hre x to health and safety More specifically, 1-933 would: What is an immediate threat? Require local governments evaluate an array Df f?SIMS, Unsure.A direcE discharge bat contaminates drinking vracer including; reasonjor the regulation, impact, less restrict pi-obz fly qualiFies- Courts likely would have to dctErmfne alterro Eives, an d compensation - prior to adopting or what'consdtures an Immedia[e" threat- for instance eontiFruing to enforce a regulation or ordinance drat may whether or not locating structures in'a I00-ycar flood plain impact private properly values. would qualm; Redefine" da+rage" to include prohibiting or restricting What regulations are exempt? us °s chat were legaf as of January I, J 995- This is one of th e most debated quesdons,1-933 Iznguage ' Apply to both real and personal properly- eknipts severat regulations if t17eyYe "applied equally., w1:&n a jurfsdiceion. Ir isn't known what th aE means, Zoning continued The folio fng inforrri-Adon is offered For informational purposes only It is not intended as.an expression of support or opposition to the initiadye, Associa66n of Washington tides a 1076 1 mnkfin Se SE a piyrnpia,WA 98SO1 a wWw.arrcnet.org, , regulations exist in large part to differen date between on our website to educate your cons cizuents about the allowed or restricted uses within dWerent parrs of a cons equenres the initiative may have on your city- A WCs community. For inscnncc, bui[ding height limits vary from staff is also available to help you evaluate the issue and its one part of Mown w .ano[herWotdd having differing height impacts on your city limits in within residential and commercial -zone require What can your city or town da? compensation? Gicic:% and towns can gather information and c❑aducc What are the regulations that may damage use or value public meetings where information from bath sides is of private property?' presented snd discussed. A city or town may choose to The list in die text of 1-933 is very broad, and the list Is not take a position on 1-933 after considering the impacts, {For exclusive. more information ❑n the"do's and don'ts" of holding such How does this apply to n-aw cities incorporated after a meeting ❑r taking a position, please go to www,awcnet. 1996? orgfeIectEdcfficialsguidelines, 1-933 impacts cities incorporated since January 1, 1996 What could ya4rr city da in andcipatian of it passing? differently than "older" ❑nes_ Basically the Initiative affeces any If i[ passes in November, it goats into EffCCG in early regulations that are morn restrictive than chase than existed December. Cities and towns may consider adoption of before January 1, 1996.Those cities incorporatitag after then ordinances or regulations stipulating haw it would be would have to revisit all their regulations and couldn"t apply, implemented -far ins mnee, hat regulations would be without cornpens-Acion, regulations that are more restrictive kept and "cornpensated" and which would be waived or than those that were in place before incorporation. eliminated- When developing next year"s budget, cities and In what taseN wnuld the state be liable instead of cities? towns should consider the potential fiscal imp-acts of 1-933 If a regulation is compfertely local, the state isn't liable. It on their budgets- might have some cornperisation liability if a local law is Should you have any questions, please contact Dave Williams adopted due co a state requirement (such as under the at daveW@awcnet.❑rg. Shorelines Management Act, but not necessarily the Grodi l"1-anagemcntAet)-This isn't clear in the Itririativc_ Public Disclosure Commission . Two committees have filed with the PD in support or Could a city choose to walve a regulation instead of opposition to the initiative. P-dying? It appears a city can waive a regulation to avoid "No On 933" compensation- HowEverjt's not clear if I-933 grants this PO Sox 9100 vQiver authority or whether the city must already have this SeattleNVA 98109 authority, It also-isn't dear what'additionai liability waivers 206 323-0520 might create. http=11noon933.a3rgf Does the initiative impact erninent domain? "Property Fairness Coalition" No, 1-933 does not address eminent domain except in the Property Fairriess Coalition inirjacive's intent session which has no legal aperative effect. PO Sox 244r5 What isAWC"s role? Olympia,A 9857 AWC's rale will be to provide its members educational 361 528- 909 materials that can be shared with elected officials, staff avid http=11propert} fairness_cornJ the communfty.We encourage you to use the information J 076 Franklin 5t SE ~ ~ .Olyn,pia,A 9B5p1 i` , ASSOCIATION ww _a cnct.org OF' WASHINGTON MES., THE IMPACTS E PROPOSED INITIATIVE 933 I REAL PROPERTY I LAND USE I WASHINGTON STATE A Study Conducted by RO-01!rw'g3: ~~'~41?I 6 nv,;.~F vtFFMi9nL:rbr~s uniuersilly of woshi ng#an a mm-ml~7rP Q I L-ntm . cic.vyl w4d '~cre.-TTY! Septwber2006 I ! EXECUTIVE SUMMARY - Ballot Initiative 933, titled the 'Property Fairness Initiative," appears to be based on a simple premise: If regulations imposed by Washington State or local governments restrict the use or development of private property, the loss of value to the owner should be reflected in a policy of "pay or waive." Government should either compensate the owner for damages or waive the regulation that imposes the restriction. To fully understand how the passage of 1-933 would affect state laws, taxpayers and communities, the University of Washington's College of Architecture and Urban Design has sponsored this independent objective research study through its Northwest Center for Livable Communities. The study analyzes 1-933s likely impacts for the citizens of this state. The study provides both legal and economic analysis. The legal team assembled for this study has an extensive background representing large and small private landowners,. developers, and municipalities. No member of the team had taken a public position on 1-933 prior to his or her participation in the analysis. The economic analysis was conducted by senior researchers with decades of experience in land-use analysis and fiscal impact analysis. They were assisted by graduate student researchers skilled in the use of geographic information systems, or GIS. The analysis focuses on the legal and economic impacts of 1-933 as it pertains to regulation of "real property." 1-933 as written would have implications not only for real estate, but on intellectual property rights, water rights, motor vehicles, securities and intangible commercial assets. However, this analysis does not address the potential non-real estate impacts of 1-933. _ The economic team concentrated on the likely short-term costs of the Initiative, .including the administrative cost of processing claims. The far larger cost results from paying claims for compensation between the value of l land based on its current use and tl~e,ec.cnomic Value if full development were " unrestricted by regulation ' This study's findings'areba ed'on--.a.dQ.tailed, independent and rigorous analysis, using experierrced.proiiessiofial and a wide range of objective and - verifiable data. Given the magnitude of issues and lik`ely' outcomes related to the Initiative, the study concludes by. offering alternatives to I-,933 in the form of reasonable remedies gnat ;P:DuId su'ppa t'greater',f8irnes.s and equity in ways that respect community values and are affordable~to~taxp.aybers- MAJOR FINDINGS ■ In the near term, 1-93-3`c'oul~o t taxpayers nearly S8 billion - more Than $1,000 perA ident - to..pajr expected corrGpensatian claims, ■ Virtually every:tounty would Iikeiy b(~'- faced %Ath claims, yet none have a tax revenueourceViR place for+,payirig them. Though described z ..e'sta~Iisliing'a "pay or waive' system, 1-933 does net have the pov~+r to;.p i i~it waivers under three of the most relevant state laws -the Growtli'hhanagernent Act; the state tnvirorirr3ental Policy Act, and Shoreline Management Act. As drafted, the Initiative does not legally amend these laws, and the laws do not perinit waivers, • Because waivers will likely not be permitted, the only option available to = state or local governrneni may he to pay compensation clairn.s. If there is not enough tax revenue to corer the cost of compensation, the result would be a "stymied decision" - a paralysis between 'pay or waive." The net effect of 1-933 would be to create a highly uncertain regulatory environment in which neigier landowners nor local governments will firm footing. The courts, from a practical perspective, would avE serve for an indefinite period as the regulator for many if not most land-use decisions in the stake. As a result, the process for resolving property conflicts and issuing development permits would likely be slowed, riot acceler''ated, by 1-933- 1-933 would likely lead to a greater role for federai government in the region as federal ilaw may require federal agencies to reassert I functions that had been delegated to state and local governments. • 1-933 would likely also lead to a greater reliance on public nuisance laws %h)hose outcomes are piecemeal and hard to predict. SPECIFIC FINDINGS ■ The total liability for compensation under 1-933 is estimated at 7,8 billion. This amount was derived by eliminating the overlap between critical areas claims and development value claims. The largest single impact of 1-938 would be related to critical areas that are protected to prevent flooding and protect fish, wildlife and groundwater. In the near-term, 1-933 compensation claims on timberland with critical areas could total $3.1 billion and farmland with critical areas could be 3.2 billion. More than one-fifth of the critical areas claims would be in Kirlg and Snohomish counties, at a potential cost of 1.5 billion to taxpayers. Kin County has more acres that may yield M3 claims than any other county in the state. Farmland, which is mostly on the east side of the state aad largely insulated from development pressures, would see the fewest claims. Yet they ciauld still approach 1 billion. I Claims on timberlands would likely total billion, and on ogler rural lands $1.6 billion, CONCLUSION Public opinion surveys and the ability of 1-933 advocatas to get the measure on the ballot suggests that many citizens support reasonable remedies to help landowners whose property values are affected by regulations. But by using a sweeping and overly general approach to help one set of aggrieved people, the Initiative would have the unintended consequence of creating another, larger set of aggrieved people. - - - - - - - - - If land use laws canrk be -waived, there would be a newly aggrieved group of non-benefi#ed taxpayers responsible for paying 1-933's costs of compensation, 3 is - f ` If land use laws were waived, the li's pf -aggrieved people would include property owflers suffering:.' lot -.of,~+alue.as undesirable development arrives on neighboring p~opert+.','It:vol_iq~li~ciexcorrf{n~~nities that see their character and quality of life darnagedty ur,r~strkted development, It would also include 'a large group of land developers %rrith.t6 t +pe of proposals that normally rece1ve routine approval, but wouId,noW'be backlogged by the processing of I-933 compensation claims. _ YA`tru1y fair-rernedy wvould safeguard current values as well compensate losses created by restrictions. Tl`iis rnebri pro€ectirig.property omiers against neighboring, inappropriate uses aOd shielding cq;mrnunities threatened by over- development. Fairness also means account~r g for " inbfalls" - the value added by regulation - as well as 'wipeouts," or los s from' --reg ration. Failure to make this calculation is ogle tea.5on, irge'corrip~n ation casts from 1-933 would fall on the general taxpayer. For more informatioti abotifthis study,`Please visit http;//1933study. washington.edu. ' I iI { -4 J I I I r i 4 5 `r I + SECTION LEGAL ANALYSIS OF INITIATIVE 933 This analysis addresses legal issues that would arise if 1-933 is approved by the voters in the fall 2006, and is upheld as constitutional by the courts. In completing this analysis, we have attempted to not judge the merits of 1-933, but only assess potential effects. This analysis is focused on local land-use regulations that affect real property. 1933 also applies to personal property, and to state laws and local regulations related to water and air, including federally delegated programs. Questions associated with these important laws are not analyzed in this study but are the subject of other research currently underway. LEGAL REVIEW PARTICIPANTS Six attorneys with a long history of work in municipal and land-use law discussed issues and compared perspectives relating to 1-933. The analysis contained in this section of the report reflects the consensus views of these attorneys. They are: Keith Dearborn, John Hempelmann, David Mann, Alison Moss, Elaine Spencer and Hugh Spitzer. Two attributes were important in selecting legal the reviewers. First, we wanted to make sure the analysis would be based on a variety of perspectives. The lawyers who agreed to share their time have decades of experience representing large and small private landowners, municipalities, and environmental organizations. Second,-we wanted to be sure that the - - - lawyer-reviewers had:not previously.taken a public position on 1-933. As of the writing of this report, none had. 7 Distilling the potential effects of 1-933,and describing them in a short memo L_ is no simple task. As individual lavers, we may have differing positions on one issue or another; but as participants in the legal review process we reached consensus on the overall content of this report.. As a consequence, the analysis offers our collective judgment based on our experience. We have described what we believe to be major issues related to implementation, with the caveat that facts in specific cases will drive legal decisions under 1-933. PREDICTING -CONSEQUENCES WITHOUT A CRYSTAL BALL We approached the task of analyzing 1-933 recognizing that if it becomes law, the real consequences will be revealed one case at a time through lawsuits and court decisions. The ultimate effect of the Initiative may be broad change in how we plan and manage .the land, :water and air resources of Washington State. However, the effect of 1-933 will not be fully known until many cases are tried and decided. The real impact•of the Initiative would play out over time based on the claims.ahd facts presented by property owners. Should 1-933 become'law,Ahe.control of some, potentially many, land-use decisions will lik'ely'shiftlor an indefinite-period of time from local elected officials to the 'state judiciary, and back to the Federal Government for federally delegated programs. Nevertheless, certain issues can be foreseen with some reliability and these are addressed in this analysis. i - WHAT LAND- USE REGULATIONS ARE AFFECTED BY 1-933? 1. Does 1-933 Amend Existing Laws? Any regulation or law that serves directly or indirectly to restrain the use of real-or'personal property may be affected by 1-933. The Initiative borrows the "pay "or waive" requirement from Oregon Measure 37. Under 1-933, a government agency ostensibly has a choice. The agency may: provide the owner of real or personal property with compensation for any reduction in use or value caused by the application of the law, or (2) suspend the legal restriction. The Initiative amends Chapter 64.40 RCW to allow "pay or waive." 8 1-933 amends the Growth Management Act ("GMA," Chapter 36.70A RCW) to bar-the prohibition of legally established uses. But the Initiative does not expressly amend any existing law to authorize local or state regulatory agencies to waive legal requirements. Moreover, website statements of Initiative proponents suggest there is no intent for 1-933 to amend any statute to authorize waiver. Washington courts have consistently ruled that a law cannot be amended implicitly. Since amendment of existing law by implication is not allowed, the ability of a government agency to waive an existing statute or regulation is dependent on whether waiver is permissible under the specific law in question. ' Which Existing Land-Use/Environmental Laws Authorize Waiver? Zoning regulations have always permitted variances in order to account for unusual, property-specific features that create a hardship. Variances are expressed in terms and conditions that affect height, bulk or scale but not the use or density permitted for a specific property. Variances may be granted only if precise standards are met. Variances from the Shoreline Management Act ("SMA") are also allowed under similar circumstances. Both the SMA and the State Environmental Policy Act ("SEPA") provide that certain enumerated uses are exempt from procedural requirements. However, none of the three basic laws of the State that affect land- use provide that requirements or provisions may be waived to avoid a compensation claim. Any right to waive their requirements would have to be determined through court decisions or created by legislative amendment. Generally, when a statute imposes a duty to act, the duty cannot be waived. Use of the words "shall" or "must" generally indicate that an agency is required to carry out the statute's requirements. Whether waiver of an existing law such as the GMA, SEPA or SMA is permissible may depend on the extent to which the existing law imposes a duty to act in a certain way. ' To date, there are Q_0 Oregon judicial- For whether example, SEPA establishes-procedural requirements that must be followed wah(er required and allows the imposition-of conditions to mitigate significant adverse by H37 is legally permissible. environmental impacts. If such impacts are identified and cannot be mitigated, 9 the agency must prepare an environmental impact statement ("EIS") before . taking action on a proposal. This requirement cannot be waived. Under 1-933, if a landowner does.not accept mitigation restrictions voluntarily, payment of -claim's rimay require an EIS. If the agency is not able or willing to compensate the landowner for mitigation, then the agency may be required to complete the EIS before granting the owner's land-use reguiest. The GMA and SIVIA present similar.issue.s. -The GMA requires counties to establish urban growth area UGAs"). Urban densities are permitted only within UGAs and urban uses are to'be contained:within UGAs. This is a duty imposed by the GI'JIA. Local governments do.not have the authority to permit urban uses or urban densities outside UGAs. Therefore, a local government cannot waive this requirement.Similarfy, counties must have regulations that conserve natural resource.lands. It can be argued how this should be done, but under the GMA counties must adopt these regulations. There is no option J to waive them entirely: Shoreline Master Programs weretrst Adopted by local governments in the 1970's and then approved,by'the State Department of Ecology. Master Programs ultimately became%pari of the Washington Administrative Code (WAC). Some local goveeni menfs have updated their Master programs since 1996. All are required to do so to implement recently adopted guidelines. Neither the State nor local governments have the authority to waive Master Program requirements. In turn, the SMA requires that a permit must be issued for development of the shoreline that exceeds certain thresholds. These permits can be appealed to the State Shoreline Hearings Board, whose decisions are de novo and thus may differ from those reached by a city or county. The SMA contains no provision allowing a local government or the Hearings Board to waive permit requirements. Should a, local government decision to waive SMA requirements be appealed and overturned by the Hearings Board, it would not be clear which agency is obligated to compensate the landowner for the restrictions imposed. Absent amendments to the GMA, SMA or SEPA, the only option under 1-933 may be to pay compensation or face claims that the 10 government agency is not following state law.'- If a regulatory agency cannot afford to pay and cannot legally waive a restriction, then the result will be a stymied decision. The legal basis for some, potentially many, land-use decisions will become highly uncertain. Unless the State Legislature enacted amendments to the GMA, SMA and SEPA, whether waiver is permissible under these statutes would have to be decided case by case if 1-933 becomes law. 3. Can "Reasonable Use" Rules Be Used To Waive Land Use Regulations? Most critical area ordinances (CAOs) adopted under the authority of the GMA contain a procedure that allows the local government to modify regulations under certain circumstances. Although there is no specific statutory authorization for "reasonable use" regulations, local governments have adopted this procedure to avoid constitutional takings claims. The procedure has not been challenged legally so there has been no determination whether this practice complies with the GMA. The intent of "reasonable use" is to secure some degree of sufficient use for a property owner who has been deprived of all use. As written, the procedure generally allows for the least intrusive use Mth the least impact to critical areas. Typically, reasonable use procedures have been applied only to allow single-family dwellings. Some jurisdictions establish specific maximum sizes for structures. Local reasonable use procedures, as currently drafted and applied, appear to be too narrow in scope to address waiver requests under 1-933. Since they are not expressly authorized by the GMA, it is not i clear whether these procedures can be broadened legally to address compensation requests that go beyond constitutional takings claims. 4. Would the "Legally Existing Prior Uses" Provision of the Initiative Allow Waiver of GMA Regulations? As mentioned above, Section 5, of 1-933 amends the GMA to protect uses that were "legally existing" prior to local adoption of development regulations - under GMA. Virtually every instance of such regulation treats an existing use - -11 - that has been legally established as,..a non-conforming use that is allowed to continue as if it were conformin' *'Many local governments allow non- ge.' r iritensify, as, long as applicable development conforming uses to than' standards are met. Therefoi'e,'it is not clear whether Section 5 would have any practical effect. - The GMA also provides that regulation of natural resource lands cannot prohibit "legally existing" uses. The Initiative broadens this provision so it applies to alkexisting uses. See RCW 36.70A.060. Growth Management Hearings Boards have interpreted this provision to allow the regulation but not the prohibition of existing uses ofinatural resource lands. In a Clallam County, case, Division:ll of the Court of Appeals was asked to address the question of whether 'the GMA allows or requires the regulafion of existing uses. The Court concluded that the regulation of existng agricultural uses is allowed, and the Couiity requested review by the State Supreme Court. The Court has deferred consideration of the county's request until it decides another pending GMA''appeal. The proposed amendment to-the :GMAmay'have no consequential impact on the application of the G11hA to:eii§ting:uses and does not appear to serve as a basis to waive GMA regulationsf-'. . In summary, neither existing zoning variance rules nor reasonable use procedures provide the authority to grant the waivers authorized by 1-933. Likewise, the amendment to the GMA proposed by the Initiative would not serve as a legal basis to allow GMA requirements to be - waived. Absent further legislative change at the State level and implementing ' regulations at the local level, local governments may only have two options: (1) compensate property owners for any and all restrictions that adversely affect use or value; or (2) face claims that state law is being violated, if the local government suspends the applicable regulation because it is unable or willing to compensate. 12 I _ 5. Are Any Land Use Regulations Unaffected By 1-933? Some types of land-use laws are unaffected by the Initiative. One category is the time dimension. Apart from a few exceptions, 1-933 principally affects restrictions adopted after January 1, 1996 (the next section discusses pre-and post-1996 laws in more detail). Another category is across-the-board regulation. By its terms, 1-933 may affect all land-use regulations that reduce or limit the use or value of real property. However, Section 2(2)(c) provides that when restrictions apply equally to all property within the jurisdiction of an agency, they do not damage use or value as defined under the Initiative. Eight specific examples are listed in Section 2(2)(c), including regulations that address immediate harm to human health and safety. Beyond this list, there may be other regulations that apply equally across a jurisdiction and would not be a basis for relief under 1-933. However, this does not appear to be likely, as the Initiative requires that these exceptions to be construed narrowly. Such determination would occur case by case, but Section 2(2)(c) might prove to be the exclusive list of exceptions. 1-933 does not address the proprietary powers of local government. Thus it appears that, at a minimum, regulations to establish standards for water supply, sewerage disposal and road capacity are unaffected. Standards that a local government may impose before it accepts discharges into its storm water management system may also be unaffected by 1-933. The same may well hold for impact fees adopted under Chapter 82.02 RCW, though arguments may be advanced that impact fees affect personal property and are therefore also subject to waiver. If authorized legally, a local government may elect to waive a land-use restriction. But nothing in the initiative compels a local government to extend public facilities or services at taxpayer expense to support the land use that has been granted a waiver. This suggests that small developments such as single-family residences that can be served by private wells and septic tanks might be allowed but larger projects might be limited by infrastructure requirements. 13 PRE- AND POST-1996, REGULATIONS It has been assumed'by..most readers of 1-933 that regulations adopted prior to January 1, 1996 are not=implicated by the Initiative. The proponents' website suggests the effect of 1-933 would be to roll back land-use restrictions to pre-1996 regulations. However, whether or not this is the intent of the Initiative, it is not expressly stated and will require judicial interpretation. 1-933•addresse5. the-1996 data in t klo provisions. Section 2(2)(b)(i) provides that damaging the use or'vNue can mean prohibiting or restricting any use or size, scope or intensity of-use legally existingor permitted as of January 1, 1996. Section 2(2)(c)(viii) provides that damaging use or value does not include compliance with property, linisetbacks that were in effect prior to January 1, 1996. A quick reading'of these sections might suggest that pre- 1996 regulations are grandfathered`by the Initiative and therefore are not subject to compensation'claims. HO.,ever, the legal effect of the Initiative may not be that simple. The provision relating to::setbacks-appears to be more straightforward than the 1996 reference in subsectiori-!(2)(b). Setbacks, presumably those established for front, side'-and rear yards, in effect prior to January 1, 1996, appear to be outside tH scope of.the "pay or waive" rule. But this allowance does not appear to extend to the other bulk regulations such as site coverage, floor-area ratio or height, minimum loft size or density requirements. Subsection (2)(b) addresses legally existing or permitted uses. The reference to "legally existing" is relatively well understood but the addition of the term "permitted" suggests that uses allowed but not yet constructed or effectuated as of January 1, 1996 may also be grandfathered. Further, as drafted, it appears that a regulatory agency would face a "pay or waive" claim if a post-1996 regulation restricts the size; scope or intensity of a pre-1996 legally established use, as well as uses that were permitted pre=1996. Post-1996 amendments to the GMA and locally-adopted plans and regulations made a variety of changes to standards, so the applicable code may be a mix of pre-1996 and post-1996 standards. Often, the older code was repealed and replaced with the new code. It would not easy to determine which pre-1996 regulations are grandfathered and which require compensation under the Initiative. 14 Subsection (2)(b) of 1-933 sets forth five other examples of regulations that would damage the use or value of property. None of these examples references the 1996 date. Thus it appears that any pre- or post-1 996 regulation addressing these subject areas would be subject to "pay or waive." Further, the requirements of subsection 2(b) are not limited to the listed examples, and the Initiative requires that its terms be liberally construed to protect property owners. Thus it appears that the January 1, 1996, date provides only a limited safe harbor for regulations that were in effect prior to that date. A waiver does not address whether a proposal can be approved only what laws apply. A property owner would still have to comply with rules determined to be applicable. While an agency is not permitted to charge a fee for the waiver determination, there appears to be no prohibition on charging reasonable fees for substantive review of the development proposal, including the cost of preparing an EIS should it be required. ACTIONS THAT COULD AMELIORATE THE IMPACT OF 1-933 Local governments may wish to consider regulatory changes that would become effective if 1-933 is approved by the voters of the State and subsequently found constitutional by the courts. It may be prudent to adopt a savings clause that restores zoning regulations in effect prior to January 1, 1996. Establishing a claims procedure may also be advisable to codify the rules that would be applied to claims under 1-933. Some local governments may find it prudent to adopt jurisdiction-wide moratoria on building permits. As discussed above, it may be wise to examine regulations relating to , the adequacy and provision of public facilities and services, to ensure that these regulations will not require extension of services at public expense. Finally, local governments and state agencies may need to consider transferring delegated responsibilities back to the Federal Government. CONCLUSION - - - - - - - There is no_question that the adoption of 1-933 would change the management of the land, air and water resources of the State of Washington. The Initiative 5 adopts the Oregon "pay or waive":rule, but it is not clear that any local or state regulatoy agency has the legal authority to waive State mandated regulations.'that affect land use under the GMA, SMA or SEPA. We are aware of examples where the applications of laws to real property have not been fair. We also recognize that the constitutional protection from regulatory takings is not a practical option for most property owners because of the time and cost of litigation. The effect of land-use laws on smalfproperty,owners has been particularly acute. We expect some property owners would use the provisions of 1-933 while others voluntarily accept existing regulations. Within a broad range of motivations; some will prefer the certainty of existing regulations over the uncertainty of filing a claim under 1-933. Land-use regulation (i.e. zoning) was first established to protect single-family neighborhoods from incompatible:and nuisance uses. These restrictions and controls served to protect health and safety.. Over time land-use regulations have broadened in scope.- Today, the authority for them often rests more on protecting general welfare than onliealth and safety. This broadening - of authority and the intrusion: it creates now imposes what some consider too great a burden on individuaflandowners. However, 1-933 proposes - to redress these inequities in a way that would likely remove the - predictability of zoning and could require the return to pre-zoning ' - nuisance laws. Compatibility of use may no longer be determined by general land-use regulations. Compensation may be the only real option available to local government under this Initiative. But the scope of 1-933 will only be revealed on a case- by-case basis. Whatever degree of certainty that is enjoyed now will be replaced by a highly uncertain regulatory environment. If 1-933 is enacted, the judiciary will, from a practical perspective, serve for an indefinite time period as the regulator of many, if not most, land land-use decisions, and federal agencies may be required to reassert regulatory functions that are now delegated to state agencies and local governments. 16 j 1 Potential Financial impacts of 1-933: Concerning Government Regulation of Private Property _ f This paper has been prepared by the Office of Financial Management (OFM) in response to questions concerning the financial impact of Initiative 933, which has qualified to appear on the November 2006 ballot. This information is provided for analytical purposes only and is not intended as an expression of support for or opposition to the 7 proposed measure. ' Overview The initiative would require a government to consider and document certain factors prior to enacting laws regulating private property. The measure also would require, with specific exemptions, a government to pay compensation to private property owners who could show that the use or value of their property would be, or in the case of regulations adopted since 1996, had been damaged by government restrictions. The compensation would be in addition to compensation already afforded by the state and federal constitutions. Background The state and local governments enact and enforce laws that affect the use of real property, including J laws that impose restrictions on use or development of real property. These laws are subject to constitutional and statutory requirements that provide certain protections to private property owners. Washington's constitution requires state and local government to pay an owner of private property just compensation before taking or damaging private property for a public use, and, in general, prohibits government from taking private property for private use. The federal constitution provides similar protections. A common example of the requirement for just compensation occurs when government acquires private property to build a public road. The constitution requires government to pay fair market value for private property taken to build the road and for damages to private property used for the road building but not taken. The constitutional requirement to pay just compensation also applies under'limited circumstances to laws that restrict the use of private property. If the restriction completely eliminates the owner's economic use of real property, or if the restriction involves a physical intrusion onto the private property, then just compensation is generally required. Whether regulations or restrictions on use of real property otherwise amount to a taking or damaging of private property under the constitution (and thus require payment of just compensation) depends on the particular effects-on the property. A restriction on real property may require just compensation depending on the economic impact of the restriction on the property, how the restriction affects legitimate property uses and the property owner's reasonable investment-backed expectations, and whether the restriction reflects a reasonable means for achieving an important public objective. Under the state and federal constitutions, a property owner may bring an action for just compensation to obtain the fair market value of property taken or damaged by the government, if the government has not paid compensation. Under the Washington Constitution, the property owner may also bring an action to invalidate government action that is taking or damaging private property and there is no public use, only a private use. Under current state law, a property owner vdho has applied for a permit to use property may recover damages, attorney fees, and other costs where a state or local agency action on the permit application is arbitrary or capricious, or if the state or local agency does not act within time limits established by law (Chapter 64.40 RCW). Under various laws, a property owner may challenge state or local government restrictions on the use of property and obtain an agency review or judicial remedy if a restriction is not allowed under state or local laws. These statutory protections for property owners are in addition to the constitutional right to just compensation described above. Under current state law, state agencies and local governments are required to follow an orderly and consistent process using advice and education from the Attorney General's Office to evaluate proposed actions affecting the use of property and to avoid taking or damaging private property without just compensation (RCW 36.70A.370). The process applies to all state agencies and to those local governments that plan and regulate land uses under the Growth Management Act. Initiative 933 would provide a new avenue for compensation, using a different standard than the current deliberative processes in determining just compensation to property owners. The initiative would allow property owners to require government compensation when owners can show that the use or value of their property would be, or in the case of regulations adopted since 1996, had been damaged by government restrictions. Summary of Fiscal Impact Initiative 933 is estimated to cost state agencies $2 billion to $2.18 billion over the next six years for compensation to property owners and administration of the measure. In the same time period, the initiative is estimated to cost cities $3.8 billion to $5.3 billion, based upon number of land-use actions since 1996, and is estimated to cost counties $1.49 billion to $1.51 billion. Costs are derived from the requirement that, with specific exceptions, state agencies and local governments must pay compensation when taking actions that prohibit or restrict the use of real and certain personal property. Assumptions Supporting Fiscal Impact Statement The initiative has a number of components that would cost state and local governments to implement or administer. Prior to adopting any ordinance, regulation, or rule which may damage the use of private property, state and local governments would be required to document their impact and evaluate less restrictive alternatives. State agencies assume that this work would be accomplished as part of the rule making process under the Administrative Procedures Act (Chapter 34.05 RCW) and be similar to many of the requirements of the Regulatory Fairness Act's Small Business Economic Impact Statement (RCW 19.85,030). It is assumed that this analysis would apply to all new rules, regulations, and ordinances, although the level of analysis would vary depending upon the action. Given current rule making schedules, state agencies estimate additional costs to the rule making process of $24 million over six years. Based upon permit activity it is estimated to cost cities between $80 million and $103 million and counties $28 million and $36 million over six years. The Initiative requires state and local governments to pay property owners prior to enforcing or applying any ordinance, regulation, or rule to private property that owners can show results in damage to the use or value of private property. It is assumed that claims for payments would be triggered primarily when private-property owners file permits with state agencies or local governments for activities such as development and harvest, etc. and state agencies or local governments place restrictions or deny a permit that would require compensation. Claims would also be triggered when a state or local government takes an action to enforce an existing rule, ordinance, or permit. State agencies estimate that claims would likely be made for restrictions placed under the Forest Practices Act (Chapter 76.09 RCW), the Surface Mining Act (Chapter 78.44 RCW), the Hydraulic code (Chapter 77.55 RCW), which protects fish life, Bald Eagle Site Management Plans (RCW 77.12.655), the state Clean Water Act (Chapter 90.48 RCW) and the Shoreline Management Act (Chapter 90.58 RCW). By analyzing historical permit data, state agencies assume that they would be required to process approximately 5,920 claims per year. Based upon the experience of state agencies that currently process claims under other laws, it is estimated to cost state agencies $1.86 million over the next six years to process claims under the initiative. Some of the programs that likely would result in claims for compensation from local governments include local land-use laws, local shoreline-management plans, and critical-area designations. Claims processing costs for local governments are assumed in the estimates for the additional analysis required for rule or ordinance adoption. As part of the claims process, state agencies would need to complete detailed analyses to verify compensation claims. Assuming a cost of $7,500 per analysis for real property and $2,600 per timber analysis, it is estimated to cost state agencies $115 million over six years. Using similar assumptions, i .i appraisals are estimated to cost cities between $130 million and $556 million and counties $13 million and $66 million over six years. Once the amount of compensation is determined by a state agency or local government the potential exists for claimants to disagree with the level of payment. Using existing laws, it is assumed that appeals related to compensation levels would be directed to Superior Court. As a result of the passage of Measure 37, state agencies in Oregon are finding that an average of 6 percent of final decisions are being appealed to court. Because the Initiative is more expansive than Measure 37, it is assumed that 5 percent to 20 percent of all claims (275 to 1,100) for state agencies would be appealed annually to Superior Court. The initiative would increase state agency litigation costs and costs of attorney services between $29.8 million and $98.8 million over the next six years. Using a standard cost based upon population, it is estimated to cost cites between $126 million and $161 million over six years and counties $35 million and $45 million over six years for litigation costs. The Office of the Administrator for the Courts estimates that it will cost county governments an additional $495,000 to $830,000 over the next six years for appeals to Superior Courts resulting from state agency decisions. The state would also see increased costs of $12,773 to $51,000 over six years because the state pays half the salary and all of the benefits for Superior Court judges. There will be additional costs to the Court system from cases resulting from decisions by cities and counties. Assuming a total of 5,000 appeals were made for state and local government actions there would be an additional $2.6 million in first year costs and $1.5 million in subsequent years. It is likely that some of these decisions will be appealed to the State Court of Appeals. The appeal rate for civil property cases in 2005 was 7.8 percent. For state agency appeals this would result in additional costs to the state of $69,000 to $277,000 annually. Costs of local government appeals was not included but if you assume that 5,000 appeals to Superior Court would result in 390 cases in the Court of Appeals, the total cost to the state would be $1.2 million annually. Aside from specific exemptions, the initiative requires state and local governments to pay compensation when they take actions that prohibit or restrict the use of private property, which is defined to include all real and personal property protected by the federal and state constitution including but not limited to interest in lands, buildings, crops, livestock, mineral and water rights. Calculating possible compensation amounts is difficult given the large number of jurisdictions (multiple state agencies, 277 cites, and 39 counties), the lack of parcel level information related to valuation, and the number of landowners/parcels that have had a change in land use designations since 1996. State agencies have estimated a range of compensation of $344 million to $352 million annually or $1.89 billion to $1.9 billion over six years.'Programs included in this estimate are permits issued by state agencies under the Forest Practices Act (Chapter 76.09 R_CW) and the Surface Mining Act (Chapter 78.44 RCW) by the Department of Natural Resources; Bald Eagle Site Management Plans (RCW 77.12.655) for residential construction issued by the Department of Fish and Wildlife; 401 Water Certification Permits for the protection of wetlands, and for Shoreline Conditional Use Permits and Variances issued under the Shoreline Management Act (Chapter 90.58 RCW) by the Department of Ecology. This estimate does not include compensation that may be required under the Hydraulic code (Chapter 77.55 RCW). The,Department of Fish and Wildlife estimates that it issues 900 Hydraulic permits annually that are likely to impose restrictions requiring compensation under the Initiative. However, it is impossible to estimate a level of compensation due to the highly site-specific requirements for these permits. Also not included are estimates of compensation under the Forest Practices Act for restrictions associated with harvest on unstable slopes or for marbled murrelet habitats. An estimate for restrictions for Bald Eagle Site Management Plans occurring on nonresidential permits is also not included. However, there are likely to be some overlap between the compensation estimates made for the Forest Practices Act and Bald Eagle Site Management Plans for forest practices. Also not included are potential claims related to Department of Health requirements for setbacks to protect drinking water systems or requirements for setback and lot size for onsite sewage systems since it is assumed that these requirements are necessary to protect immediate harm to human health and safety and are exempted by the Initiative. It is estimated that cities would be required to pay between $3.5 billion and $4.5 billion in compensation for actions that may have occurred since 1996. These estimates were calculated based upon a representative survey of 26 cities across the state. This survey asked cities to estimate the impact of the initiative but did not proscribe a particular methodology. Each city responded using a variety of methods including consideration of developed and undeveloped parcels, building permit activity levels, valuation of land under critical areas or shorelines regulations, and calculations of assessed values. Cities were then grouped into five impact categories based upon their growth rates between 1996 and 2006 as determined by the Office of Financial Management. Cities were assigned impact factors that increased with higher levels of population growth and were based on a conservative range of individual city survey responses. These impact factors were then multiplied by the assessed value for each city to determine total compensation. This calculation resulted in potential obligations for actions that may have occurred from 1996-2006. These compensation estimates are likely to be conservative in that they only total approximately 1 percent of overall statewide city assessed value. It is estimated that county governments planning under the Growth Management Act could see potential claims for compensation of approximately $1.4 billion over six years. These estimates were made first by estimating the privately owned acreage within unincorporated county contained within the Urban Growth Area (UGA). It was assumed that an equivalent amount of privately owned land outside the UGA would most likely be impacted under the initiative. This acreage was used as a proxy for the potential area adjacent to the UGA most likely to be developed into a more intensive use. On a statewide basis, this represents an average of 2.5 percent (median 1.4 percent) of all private acres outside the UGA. The number of acres per county was then multiplied by the per acre difference in assessed value between open space, forest and agriculture lands and the true and fair market value as determined by the Department of Revenue. This value was then multiplied by the annual conversion rate of open space, and agricultural lands for each county to obtain an annual estimate. This estimate is conservative because there is still a difference in fair market value as determined by DOR and the actual market value for a parcel. For counties not planning under the Growth Management Act, potential compensation is most likely to occur for restrictions on lands contained in critical areas (fish and wildlife habitats, geologic hazards, frequently flooded areas, etc). No estimate is included for a loss in value for counties not planning under the Growth Management Act because of the inability to determine the number of acres in each county designated in these categories. Although these compensation numbers seem large, they are in a range of what has been occurring in Oregon following the passage of Measure 37 in November 2004. As of August 11, 2006, 2,949 claims had been made, affecting 168,677 acres, worth $3.9 billion. Since the Initiative is broader in scope than Measure 37, higher compensation values are anticipated. These compensation estimates are based upon the assumption that state agencies and local governments will be unable to waive any current restrictions that may reduce the use or value of private property. It is also assumed that the state will not delegate back to the federal governments federally delegated programs (i.e. Clean Water Act, Clean Air Act etc.). No estimate has been made for any future actions taken by governments that may require compensation or attempt to reduce liability caused by the Initiative. The compensation estimates are also based primarily upon potential loss in value to real property. No estimate has been made for any potential loss to personal property. Protect Your Pmperty Rights. Vow Yes on T-933 r Page .l of ? Summary: What does file Property Fairness Initiative do? The Property p'raixness.fnif alive requims ;ouernmen-1. agenC es to be aivar'e of Me impact of f their actions To avoid damagirn- the use or val ue of private property an agency must con Sider: I . The private property that wild be Leffectcd by die action, . The existence of any legitimate gove-rlimental purpose for the action: . The extent to wluch die action dep)ives property owners of economically viable use of property; The extent to which the action takes away a fundamental attribute of property owixersh1p, irncludijig, but not lu7rited to. the right to exclude others, to possess, to benef1cia] use, enjoyment, or to dispose of property; . Estimated compensation that may need to be paid; and, Less restrictive options a.nd voluntary co) ervation or cooperative prograws with wilLiug property o,,voers. The Properly Fairness f ailiatave requires government agencies to follow the state 'onslitalion gnd nol damage mve and value o private property. Examples cif damage to private property include: • Rrohibiting uses that were allowed in the last TO years. Prohibiting opcratio.», maintenance, or repair of existing tidep-ates. bulkheads. and other structures necessary to protect private property_ . Prohibiting operation and maintenance of irrigation and drarr3age Styu&Lures. . Preventing a property owner from protecting hiVkx property frciri fire, flooding, erosion or other natural disasters- o Rffquiring someone to leave property in its natural State or without beneficial use to the o-wrier, Q Prohibiting maintenance or removal of trees or vegetation. Damage does not include; a Restricting the use ofpropeity when necessary to prevent an immediate threat to human health and safety; .building cosies to prevent harm from taJbquakes; flooding, I htip,/Iww w.propertyfainiess.conilstunn-iau-y_htm 90-9/2006 Protect Your Property Rights. Vote Yes on 1-933! Page 2 of. 2 fie, etc.; . Limiting the location or operation of sex offender housing or adult entertainment; . Requiring adherence to chemical use restrictions that have been adopted by the EPA; . Worker health and safety laws or regulations and wage and hour lam=s; Setbacks from property lines that were adopted before January 1, 1996. Government agencies must compensate for damage, or not damage the use and value of private property. An agency that decides to enforce or apply any ordinance, regulation or rule that would damage private property must first compensate for the damage. The agency could waive the action as an alternative to paying for the damage it would otherwise cause. Development regulations adopted under the GMA shall not prohibit uses legally existing on any parcel prior to their adoption. Nothing in the GMA shall be construed to allow government agencies to avoid their duly to not damage use and value of private property. http://,A,"rvv.propertyfairness.com/summary.litin 9129/2006 Protect Your Property Rights. Vote Yes on 1-933! Page I of 2 The Properly fairness initiative has been endorsed by the following organizations: Americans for Limited Government Bainbridge Citizens United Benton-Franklin Mainstream Republicans Centralia-Chehalis Chamber of Commerce Citizens' Alliance for Property Rights Clark County Citizens United Columbia-Snake River Irrigators Association Island County Property Rights Alliance Kitsap Alliance of Property Owners National Association of Rural Landowners National Federation of Independent Business Washington Spokane Pro-America Washington Cattlemen's Association Washington Christmas Tree Growers Washington College Republican Federation Washington Contract Loggers Association Washington Farm .Bureau Adams County Farm Bureau Benton County Farm Bureau Chelan/Douglas County Farm :Bureau Clark/Cowlitz County Farm Bureau Columbia/Blue Mountain Counties Farm Bureau Franklin County Farm Bureau Grant Count' Farm Bureau Grays Harbor/Pacific County Farm Bureau Island County Farm Bureau King/Pierce Count Farm Bureau Kittitas Count Farm Bureau http://N~r\v\w,prol)ertyfairness.coniJendorsements.htni 9/29/2006 Protect Your Property Rights. Vote Yes on 1-933! Page 2 of 2 Lewis County Farm Bureau Lincoln County Farm Bureau Mason/Kitsap Counh' Farm Bureau North Olympic Counties Farm Bureau Okanogan County Farm Bureau Skagit County Farm Bureau Snohomish County Farm Bureau Spokane County Farm Bureau Stevens County Farm Bureau Thurston County Farm Bureau. Walla Walla County Farm Bureau Whatcom County Farm Bureau Whitman County Farm Bureau Yakima County Farm Bureau Washington Fish Growers Association Washington Friends of Farms and Forests Washington State Sheep Producers http://%N,~Ar",.propertyfaimess.com/endorsements.htm 9/2912006 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 10, 2006 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: Motion Consideration, Mayor Appointments to Salary Commission GOVERNING LEGISLATION: City of Spokane Valley Ordinance 06-021 PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: 1. Approve the Mayor's appointments to the Salary Commission 2. Choose not to approve the appointments. 3. Take other appropriate action RECOMMENDED ACTION OR MOTION: [see list below] Approve the following five Mayoral Appointments to the Salary Commission: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS 1. Ordinance 06-021 2. copy of Legal Advertisements Seeking Members 3. Applications from: 1. Neal Buckaloo 5. Debbie Navin 2. Frankie DeWitt 6. Rick Scott 3. Jim Huttenmaier 7. Gail Stiltner 4. Robert Lamed 8. Diane Tortorelli CITY OF SPOKANE VALLEY SPOKA\TE COUNTY, WASHINGTON ORDINANCE NO. 06-021 AN ORJ)fNANCE OF TJIE C.rrY. OF SPOKANC VALLEY, SPOKAPI iE COUNTY, WASHINGTON, CR ATI.NG AN INDEPENDENT SALARY COINUM SSION TO REVIEW AND SET THE SAL ,A.R..IES OF THE: NIAYOR AND CITY COUNC IN ENMERS; AND PROVIEDIINTG FOR OTHER MATTERS PROPERLY RELATED THE f ETO. WHEREAS, it serves the interests of the City to have .a separate, independent commission to establish the future salaries of the Mayor and City Council; and WfIER.EAS, the Washington State Legislature through RCW Chapter 35.21, authorizes cities, towns and counties to create an independent salary commission to set the salaries of elected officials; and WHEREAS, pursuant to RCW 35.21.015, the action fixing the salary by a commission supersedes any other provision of City ordinance related to the fixing of salaries for elected officials. NOW THEREFOF-E, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Independent Salary Commission. r A. Creation of Independent Salary Commission. There is hereby established for the City of Spokane Valley an Independent Salary Commission, for a period of one year. B. FuIpr ose. The purpose of the Independent Salary Commission shall be to review and establish the salaries of the Mayor and the Councilmembers. C. Composition. The Independent Salary Commission shall consist of five (5) members appointed by the Mayor and confirmed by the City Council. D. Compensation. The Independent Salary Commission shall serve without compensation. E. Term. The term of appointment is one (1) year. F. Qualifications. 1. Each person appointed to serve as a member of the Independent Salary Commission shall be a citizen of the United States, a resident of the City of Spokane Valley for at least one (1) year immediately preceding such appointment and while serving on the Commission, and a registered voter in Spokane County. 2. No officer, official, or employee of the City or any of their immediate family members may serve on the Commission. "Immediate family member" as used in this section means the parents, spouse, siblings, children, or dependent relatives of the officer, official, or employee, whether or not living in the household of the officer, official, or employee. Ordinance 06-021 Salary Comrnission P,4ee 1 of 4 I~ - G. Operation. 1. The Independent Salary Commission shell elect a Chair and Vice Chair from among its members. The Independent Salary Commission may establish and adopt rules of procedure for the efficient and fair conduct of its business. 2. The City Manager shall appoint staff and make available supplies and equipment to assist the Independent -Salary Commission in preparation of its reports and records. 3. Any communication from the Independent Salary Commission to any member of the City Council while reviewing the schedule of salaries, shall be in writing and made part of the record of the Commission's proceedings. 4. The Independent Salary Commission shall keep a written record of its proceedings, which shall be a public record in accordance with state law, and shrill actively solicit public comment at all meetings which shall be subject to the Open Public Meetings Act. S. The first meeting of the Independent Salary Commission shall occur no later than October 23, 2006, and the Commission shall review and, if it so determines, amend and file its schedule of salaries with the City Clerk no later than December 4, 2006. 6. Three (3) members of the Independent Salary Commission shall constitute a quorum and the affirmative vote of three (3) members shall be sufficient for the decision of all matters and the transaction of all business. H. Responsibilities. To determine the appropriate rate of compensation, die Independent Salary Commission shall assess. the market rate of compensation for elected City officials and study the relationship of salaries to the duties of the Mayor and the City Councilmembers. Salaries shall be established by an of ti-mative vote of not less than three (3) members. 1. .Removal. A member of the Independent Salary Commission may only be removed during the term of office for cause such as incapacity, incompetence, neglect of duty, or malfeasance in office or for a disqualifying change of residence. J. PilinQ Date-Salary Schedule. The Independent Salary Commission shall file its sahuy schedule with the City Clerk who will publish the schedule two (2) times, at least one week apart, in the official newspaper of the City. The second date of publication shall be considered the official filing date of the salary schedule. K. Effective Date - Salaries . The Commission's salary schedule will become effective in the amounts, at the times, and under the conditions established in the schedule unless a referendum has been filed in accordance with Section 2 of this Ordinance. Once filed, the schedule shall be incorporated into the City budget without further action of the City Council or Salary Commission. Salary adjustments established by the Commission that result in a salary increase are effective immediately as to all ' Councilmembers and/or the Mayor, regardless of their terms of office. If the salary adjustment established by the Commission results in a salary decrease, the decreased salary shall be effective at the commencement of the incumbent's next subsequent term of office. Ordinance 06-021 Salary Commission Page 2 of 4 l Section 2. Referendum. A. Salary Schedule subject to Referendum Petition. 1. The Commission's adopted salary schedule shall be subject to referendurn petition by the people of the City. A petition must be filed with the City Clerk within thirty (30) days after the official filing date of the salary schedule. In the event of the f- ng of a valid referendum petition, the salary increase or decrease shall not go into effect until approved by a vote of the people. 2. Referendum measures under this section shall be submitted to the voters of the City at the next following general or municipal election occurring thirty (30) days or more after the petition is filed, and shall be otherwise governed by the provisions of the State Constitution or other laws generally applicable to referendum measures. B. Referendum Statement. A referendum statement on a petition shall be phrased in the following language: Should the salary schedule filed with the City Clerk of the City of Spokane Valley by the independent Salary Commission on be repealed in its entirety? Your signature on this petition indicates your vote in favor of repeal of the attached salary schedule in its entirety. A copy of the salary schedule or ordinance to such referendum petition shall be attached to each referendum petition for the information of the parties requested to sign such petition. C. Initiative provisions applied to referendum process. A11 state law provisions applicable to the form of the petition and sufficiency of signatures required for an initiative petition as set forth herein, and to the submission to the vote of the people as set forth herein, shall apply to a referendum petition and to the salary schedule sought to be. defeated thereby. D. Referendum - Effective Date - Record. If a majority of the number of votes cast on the referendum oppose the salary schedule or ordinance, such salary schedule or ordinance shall be deemed repealed following the certification of the vote. Section 3. 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. Section 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by law. prdinwics 06-021 Salary Commission Pagc 3 of 4 PASSED BY TI-fE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY WASHTINGTON this 19'}' day of September, 2006. CITY Or SPOKANE VALLEY, WASI-HNGTON C~La' By: Diana Wilhite, Mayor ATTEST: ~ristine}3ainbridge, City Clerk ' Approved as to form: Office o le City orney Date of Publication: 09-22-06 Effective'Date: 10-22-06 Ordinance 06-021 Salary Commission Page 4 of 4 SUPERIOR COURT OF WASHHCNGTON FOR SPOKANE COUNTY In the Matter of: VOLUNTEERS WANTED: ~ No. Salary Commission Members City of Spokane Valley AFFIDAVIT OF PUBLISHING NOTICE r 1 STATE OF WASHINGTON ) J ' )SS. CoLU1ty of Spokane ) CRAIG 140WARD . being first duly swom on oath deposes and says duct he is the EDITOR "ofThe Spok uie Valley News Herald, a weekly newspaper. That said newspaper is a legal newspaper and it is now and has been for more thansix months prior to the date of the publication hereinafter referred to, published in the English language continually as a weeldy newspaper in Spokmie County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper, which said newspaper had beers approved as a legal newspaper by order of the Superior Court of the State of Washington in and for Spokane Cotu-tty. That the following is a true copy of a public notice-as it was publshed in regular issues commencingonthe 22nd day of Septena er. 2006., and ending the 29th d X of September, 2006 all dates inclusive, and that such 5newspaper was regularly di.5ttributed to its subscribers during all of said period: ,[tea yzjQ, °F 1 uK ; 'Clryip i"sQt?KAItE VAI L Y #i Imo(/ VOLUNTEERS WANTED°S`aL67CSZTZ~s- ~ SUBSCRYBE'I7 a1 -id SWORN to before me t se~aot~an ppeendontaf&y m Isslon,lM, { itrj;B&q hf', lcFi~.'te'irn'dr.`w ~n4f" ~i51ish gsa fm _o.ftiro l lahos 2tember, 2006. ca t rs, this 29th day of Set E I Q;comm~ioawi1lron frvnmeri• r..T a ` itom oPl>4Q gn+iso~,,su, t1 is rr- State of Washington nhars n~u3ncltricn3ti and ircadisrto} trn~; sl;a ~ia1017 i1 o i CourTty of Spokane TFio'Carrarussfar~w7 acv~r wrttre campdnxa~ rs rf~: e. rrxl;mnaUn a U~Ccmmixstcr rdA3U` 'vrcur rtn tat r•Ihriiri7afab$i 23?006r ~jtnTmb~t I certify that 1. know or have satisfactoryevi d once that wfil I;e res on Mel oraaIl are port of }tr a Crai(r o~vard is the erson who a cared before s re.•tornrnA!91;; ki9 by ot:riber.•1 2008if g P P ~o?su r it y u ib ls~fn~t ie4tedir++° s~~ me, and said person acknowledged at he signed v1O' ,N61': e;lal1e~'C this instrument and acl no~vledged it to be his free tran;C1Y `Oler k -C h t ea7ibr i ~ilig7E s ~ ~~?sp"oti4ai `~tttttttt+frr i and voluntary act for the uses and purposes men- KChl~cy %Va 9HG ( I 509) 688„0 77 ~ r,raGortsl "E ftr $gq ntso~ wa onitia Cityx"xxh ito yw in nwr. ~~~~fr, boned in the' ent. ir~~y~l~OfeOr;~PPCr3t~ CV : g~Ott F J r s sv SY9rgli ~ ctles ~App[pcallarls rn tU received'fv`y ifie' v ~y XCd IM V. no talej. Uiian 4:08 V ey~vti d' t' Octobcr'4r200Bs+ I'1ryX 'G~ I"":••'3 0 ~+US lG 2 Jolene Rae j~tTet %Nq' Title: Notary ublic OFre N My appointm t expires: 5-16-07 Message Page 1 of l Chris Bainbridge From: "Legals [Legals@SPOKESMAN.com] Sent: Thursday, September 14, 2006 4:24 PM To: Chris Bainbridge Subject: RE: legal publication salary commission ok, will do, thanks -----Original Message----- From: Chris Bainbridge [mailto:CBainbridge@spokanevalley.org) Sent: Thursday, September 14, 2006 4:23 PM To: vnh@onemain.com; *Legals Subject: legal publication salary commission Please publish the following notice in the September 22 and September 29 editions. Thanks Chris Bainbridge, CMC Spokane Valley City Clerk 509-688-0177 CITY OF SPOKANE VALLEY VOLUNTEERS WANTED: Salary Commission Members The City of Spokane Valley seeks members to serve on an Independent Salary Commission, the purpose of which is to, '-w and establish the salaries of the Mayor and the Councilmembers. The committee will consist of five members. The t of appointment is one year. Member qualifications include: U.S. citizenship, and a resident of the City of Spokane Valley for at least one year. The Commission will serve without compensation. The first meeting of the Commission shall occur no later than October 23, 2006; members will also be responsible for filing a report of their recommendations by December 4, 2006. If you or someone you know is interested in serving on this committee, please request an application from City of Spokane Valley City Clerk Chris Bainbridge, 11707 E. Sprague Avenue, Spokane Valley, Wa. 99206 (509) 688-0177. Applications can also be found on the City's website at www.s okanevallev,,_org under "volunteer opportunities." Applications must be received by the City Clerk no later than 4:00 p.m. Wednesday, October 4, 2006. Christine Bainbridge Spokane Valley City Clerk Publish: September 22 and 29, 2006 10/4/2006 Application Form for o Committees/Boards/Commissions UI1e RECEIVED .G- Valle ~~~SttEo ~pt~ ff2 ~ ?~c0~~1~ 41;000 Return cef?V " &RrfiEVQLLEY CITY OF SPOKANE VALLEY W ie Mayor, 11707 East Sprague Suite #106 Spokane Valley, WA 99206 NOTE: All information on this form becomes PUBLIC INFORMATION when submitted to the Mayor's office. Position applied for:cQ~ `AiL.~.tsgc©e.s Applicant's name: UeKA~ Home address: f~ ~O G ~LZ Zip code: 63 7-- Home Phone: 7 - 91,'-S- Email: ae"! ~,g7 EMPLOYMENT HISTORY Present or last r ~6 employer: ~-Z~I,i E+~l~f~Y1.D LL:71Ed~ G6~ Position Held: Dates of ltv~ Employment A4Q43~--Jv,-~(~ Address: etc U l-Lt ~l / /a3 7 Phone: / 6 - lI Previous employer: K16-aiCA-Pz- 10&e IwA",-, luc~~-r~~ Phone: Address: ~76g k/ ,c% o/W) zz zoG3 / EDUCATIONAL BACJCGt~OUND High School /~Col~/~!/,/~OL Diploma College/University r c311~~(s. Degree j; GQ ~S Degree College/University COMMUNITY RELATED ACTIVITIES _j IV- P VOLUNTEER EXPERIENCES ' SKILLS SPECIAL INTERESTS Current and past positions held on City Board, Committee, or Commission (circle one): A- From: To: From: To: From: To: How long have you continuously lived within Spokane Valley city limits? NOTE: YOU MUST BE A RESIDENT OF THE CITY OF SPOKANE VALLEY. c Vl-'CE- 1Aj6e}b(-70A) What do you feel you can contribute to the community that may not be evident from information already furnished on this application? ~k~ ord S 5: Md 4 A-*-~ 14J %SLS Why do you feel you are qualified to act as a member of the Board, Committee or Commission applied for? ~ E?CrP£~2116SLC& _AS 1WA1,-S7&Y'iTV % 771f~1S2 . D~,t r'ksrs ZVGC/ Would your appointment to this position create a conflict of interest or an appearance of a conflict of interest? It is the policy of the City of Spokane Valley to achieve cultural and ethnic diversity on Committees, Boards, and Commissions. Information on this section will assist in achieving this goal and is voluntary on your part. ❑ Asian ❑ Hispanic ❑ Afr- n Am ❑ Native American White ❑ Other Signatu Date Application Form for sToYO~~ne Committees/Boards/Commissions REc,E, Valle orr -4 Return completed form to: 6 CITY Office of the Mayor, 11707 East Bgite,,106 Spokane Valley, WA 99206 NOTE: All information on this form becomes PUBLICiW66 ON when submitted to the Mayor's Office. 4 /1 Position applied for: Applicant's name: e YcL_.l'1. ~1 F~ Home address: ~o , (,c1 cQ S Zip code: Home Phone: Email:-`c4et..1ro oaf e EMPLOYMENT HISTORY Present or last employer: ~1 d- Imo. 1 ReJi rcad r2 0,W Position Held: Dates of a-?C l y- o- e-r e. ,tom. Employment Address: Phone: Previous employer: Address: Phone: EDUCATIONAL BACKGROUND High Schools , - - Q Diploma College/University .(~Stad'e, l 611 , V. Degree 1 D v L( A7- College/University W ~S II tJ, vt 00'4~ tkn,i Degree 1'i 0 t , -/(L Ll.l l l COMMUN RELATED ACTIVITIES 1 . t f~ +P-A "I n Yl'l, t ~ Y IL c -pn- (IA , I r ~O 1•Y1 rv". ti- VOLUNTEER EXPERIENCES I 1 - I ~IG r AiVl'l O L GL- Y1'r i'1 !LLr' cz 30 n 2 r -pay t'i'le-rL ti SKILL.S/SPECIAL INTERESTS 0 f f f ! -z- r r"t v J"P Current and past positions held on City Board, Committee, or Commission (circle 'one): r,~ C Is~' r c, From: 0 O S~ To: From:? To: From: To: How long have you continuously lived within Spokane Valley city limits? NOTE: YOU MUST BE A RESIDENT OF THE CITY OF SPOKANE VALLEY. !./e-eL, r.5 What do you feel you can contribute to the community that may not be evident from information already furnished on this application? ~~yy C~ G T LG'(~ m. wYt. i 7Z~ L X-0-S e-a-ncr d e l e rg ' s TaY~-I ~a..~ r Why do you feel you are qualified to act as a member of the Board, Committee or Commission applied for? LLr-k~ ?4/-5t /t -s- 17 Would your appointment to this position create a conflict of interest or an appearance of a conflict of interest? n~ It is the policy of the City of Spokane Valley bo achieve cultural and ethnic diversity on Committees, Boards, and Commissions. Information on this section will assist in achieving this goal and is voluntary on your part: ❑ Asian [ ❑ African American ❑ Native American White H i s OCT-04-06 WED 09:16 AM 8 FAX NO. 18585771043 P. 02 Application Form fo dl'y' OF p F-comm' lttees/Boards/Com i IVEDS e OCT 0 4 2000 0 Valle 1o:ooAm Return completed form to: City of Spokane Valle ~r Office of the Mayor, 11707 East Sprague Suite #1106 Spo ane Valley, WA 99206 NOTE: All l6formatlon on this form becomes PUBLIC INFORMATION when submitted to the Mayor's Office. Position applied for: Q e AA u v~ nn I' S s, 0-V1 Applicant's name: Home address: /3 0 (o -s Zip code: 0 Home Phone: S~U 9 2 2 - 2 0 9 Email: , 014 x1d 0 EMPLOYMENT HISTORY Present or last employer: 12 n k cle C- re-0 6t-- PositionHeld: / Dates of 9 T k1U e Sf0 r I~ P-1 C4,1 i [fit S Employment Pr e:5 Address; n a K a in s2 cr z o I Phone: 742 -f,35--V. Previous employer: j4oK ca1Ae- 4-Af 0- 1C wt [a •p l-- y t` ~o I,1 wz e-A c cf- Address: Phone: z EDUCATIONAL BACKGROUND I lilgh'Sclipol lerA. fri re, e k'J,^Ct 3 Diploma College/University Degree College/University Degree COMMUNITY RELATED ACTIVITIES OCT-04-06 WED 09:18 AM 6 FAX NO. 18585771043 P. 03 VOLUNTEER EXPERIENCES C1 , . SKILL SPECIAL INT-RESTS Current and past positions held on City Hoard, Committee, or Commission (drele one): From: To: From: To: From: To: How long have you continuously lived within Spokane Valley city limits? NOTE: _ YOU MUST BE A RESIDENT OF THE CITY OF SPOKANE VALLEY. ,Z S _c1 t°Q~/1 S What do you feel you can contribute to the community that may not be evident from Information already furnished on this application? Why do you feel you are qualified to act as a member of the Board, Committee or Commission applied for? t- -77 6 y Got l ~ 1~, c z s ~L✓2 n S Ey f f ~~~L`/ tS S (A r- S Ce.+ r, f` cr c h i n GL C0mc he S f OTC Would your appointment to this position create a conflict of Interest or an appearance of a conflict of Interest?' It 15 the polity of the City of Spokane Valley to achieve cultural and ethnic diversity on Committees, Boards, and Commissions. Information on this section w 0l assist In achieving this goal and is voluntary on your part.' 0 Aslan O Hispanic C] African American O Native American O White ❑ Other .,Sign re ' Dato 1 Application Form for an. comn~ r ommissions S . Valley GTy o,- se OKANc` VALLl:y Return completed SN(uS 2Rtt Office of the Mayor, 11707 East Sprague Suite #106 Spokane Valley, WA 99206 NOTE: All information on this form becomes PUBLIC INFORMATION when submitted to the Mayor's Office. Position applied for: 5 /3[-+2. 6g41tfI S51VAJ lyc-A gg Applicant's name: i!Df66-Qr L&&4CD Home address: 27T1} okVG Zip code: 5'92140. 0230 Home Phone: 5 27 33l0Email: t2LARNED e g0Ab85HAw.60h EMPLOYMENT HISTORY Present oHest effvlayer: unn ESWAw AxSS 0 C4A7- -SLTb Position Held: Dates of YP 5Ac4C.t^ 1o 2U6t?AMS Employment Mqy 21.n1- PQ~56~fr Address: N701 SQ{J(~f~MDQE Q b Phone: ~3Df~ 22?- SBDo SeTHSSAA A0 2081(0 2505 Previous employer: Al-kT(&RCI 14 00 b cL VA tS R -A M✓Z `0~F~WjCE Address: VIENNA, ✓q 1z-LLPhone: tr70i6^f /.d/Og EDUCATCONA BACKGROUND High School GENT~ZAti ✓.¢GLE ~{,*iy SaAppL Diploma /9d - 1 4264: College/University U VIV 00r- LtJRSf!!~tlGQaD~tl Degree SOrrTtt ~v Cq~. M8A WNid C20" College/University Degree COMMUNITY RELATED ACTIVITIES Jaw - 2c»6 rPginQ K44& visa. S r~ c mj r~ Mond VOLUNTEER EXPF-RfENCES SILLS/SPECIAL INTERESTS Current and past positions held on City Board, Committee, or .Commission {circle one}: From: To, From; To: From: To: How long have you cnntinua4iSly lived within Spokane Valley city limits? NOTE- YOU FAUST BE A RESIDENT OF THE Cl l'Y. OF S?QKANE VALLEY. What do you feel you can contribute to the community that may ri ot be evident from inform,- tlon atready r _ furnished on this application? 6/ a del.. Why do you feel you are uaITied to act as a member of the Board Conimikkee or CormmIESiOn a2 P lied for? { Would your appointment to this position create a Mnnicl of I ntefest or an appea ra nce of a corfict of Interest? 1'1~v It is the policy of the C ty of Spokane Valley to- achieve cultural and ethnic diversity on Committee; Boards, and Commissions, Informataan on this section will assist In achieving 05 goal and is voluntary on your part- ❑ Asian ❑ Hispanic El AFrican Amer+[an ❑ Oative American k^fltite ❑ Other i UTE Date _ Appllcallon Farm for Commiheeaft3o>arCS+Gommtislons Spo_m~ 0. ;,OVa--]-Iey RCtUM COMPIded (um tv: ci 96im et Me KW 1-7707 Fast Syua9lee %itr; d106 SN ane Vatlcy. WA 992D6 V NOR: AtirrrrewvmBM on U*fornl bftMvo PUMXINFORNAMIN wheq %6 l41M to ft MWYOW"Pol re. Posltfan applied for: ScJ r ~L.x , ,^i Ssi c D Appfielr % nurne: ~tA_ N q..i , - Rome address: 1l) • to Z- V t 3 ; Li` 20 cw,. j r ? 1 hormPhone S L~-9v 2a' Emale (1t1GQnc~cf~,~ibrC C ~s,v.ct.rn -Lsly E~O~fM=L_.li€~L4~ vtesent or list - cc, Pbsitim Held-. 99 Wes of t~ •1~L1~¢t,.~~33c~ 1)tr• ~ Ci••,t, tP ~-Emvlrrmr~r;t ~ G ~ ~v Srts~~+~' ACdre~ Phone: n R%Aola empiuyer: t~ c ~r vu4v . AdIress: El>iKATIOW,t SACK A%,, tl3 C~ Fes- Kbfi School j c:s+tCi cl. (d pm 0 Cdlqe(UrArrslty Orryrec 7 ~ V J ~ CallegeNalversrty J to CQMLMU, IM REAT'!D-A ES ~L~~.ti,t _•{''l.. lr.,~ u31•.~l ~1`I'ct (i ~ I~_i~:,~ -~S'!"LJ~ qQ a Q ~cr & -t- r~ e n hs 7 N oa •-t•+ v..a _ t.~ CT'~ VC...I~ c~ ~.1,~,~~. ~ ;c•lr '~i,.,,... 3 S ~ if3.,;~ o cl[II, cJCasner I n Af FSTC CC) C\j t n. Z c~ itry ' Y CltS.,c~ 11~c nC.-cr T OD - T Clarere: atxt past w1uorm hdd an ON Board, CCQ►mfdttee, cr camr, clan (chile ate): U) 59 From: To, from: To: From; _ To; ft; bng bV cYou mrdlnunu:Jy 4 ad wlt* SpaLmj Vd)ey dPJ rtmlta? r40M. I YOU MUST BE A, KFS)Mff OF THE C TY OF SPMNE VAUEY. What LID yw"you cen contribute to the mm vnlty that tmy hot be cviltrt fmm Iftni t(on a",ta-,Qy fvm~hhad an the appllcAon? K`hY Pa Y~ fed Yau am g,~aiC ed m eQ n a member oP the t? ~ Camnittrp nr Ca+ztntsston applied fcuT C C ~ lUocld 1~./ ar•X~+OnCat ~ trss P2¢7fon Q'Q:YQS ~ QsR.ld a! ir'any cr v, ngcmm Ot a ' 11 k O,e poky r/ tAr till N S:clrarc Yallry to achim. ullual vn ante efkmttr on C070caw,, Bmrds, WA crd--S"bm. .y .r tr.4xmat>an¢n¢rs~nwl3arss!¢rnCt+Ya+tngtLtsGOrLaoOts.atur~rysaWursart m Ll ; C A+tan ❑ NtM,r Q AMZNri kMkZ, ❑ titC c McArAA ht-- y a (7-1 _ 1 Cl- r - y G C N s ,a rtra co O d' 0 A orm for COmmittees/B d~ -e&nissions S00"ne Valle n'OFSpC `J - A ZVA((,,,, / Crr} K cLzRk Return completed form to: Office of the Mayor, 11707 East Sprague Suite #106 Spokane Valley, WA 99206 NOTE: All information on this form becomes PUBLIC INFORMATION when submitted to the Mayor's Office. Position applied for: lo-j Applicant's name: t C- - Cco~ Home address: / [0 E , Ste` Ave Zip code:a ~12f Z Home Phone: ($G 9) 12.2-- f/6 y Email: eolG~±cl. cuQedR•~l se e'< ' nv e EMPLOYMENT HISTORY Present or last `S employer: r c ~l/ h. EE Position Held: ',19 Dates of & 2cYrMa 2 Employment ouA- Nz z cuaaewAddress: S✓22 S. ~~~-,,,v ,~c~. ggzi~ Phone: 22~+- 1o3N5 Previous employer:( Address: Phone: EDUCATIQNALBACKGROUND High School - Diploma yE S College/University ( Degree Aft College/University Degree / COMMUNITY RELATED ACT \UUES~n / - C d!''J/tlCliyL7~24 P~rrrE&- C I cf~" C62)4-~4 "t 312 T r / r ~ L CC Q p 0 t LU- t- RC (L =],,ccerr ~S /r y CiNX214 1 zee Seq:tW 4- 1(g4j iv - tJ g VOLUNT.EER,_E PERIENCES I a ry t t--- -S SKILLS SPECIAL INTERESIS Current and past positions held on City Board, Committee, or Commission (circle one): From: To: I Fr<~rn: To: From: To: I Now long have you continuously lived within Spokane Valley city limits? NOTE; YOU PMIUST BE A RESIDENT OF THE MY OF SPOKANE VALLEY. 2-3 fA,;s What do you feel you can contribute to the community that may not be evident from information already furnished on this application? / f ! 9 r - L,r 3' L f~S' JIB !rte ~5. r I i re T~ f r~ . [ x. : _ 'c, .r ~ru r r i£ r f Lf /Z ie :L 44-a 460 42 Why do you ffeel you are qualified to act as a member of the Board Committee or Commission applied for? i p would yGur appointment to this positlon create a conflict of interest Gr an appearance of a f oonnir#of interest? C-g at{ref n a r~ It Is the policy of the City of Spokane Valley to achieve cultural and ethnic d]versity on Committees, Boards, and Comrrus-ions. Information on this section will assist in achieving this goal and Is voluntary on your part, ❑ Asian Hispanic African American.. ❑ Native American ❑ white Crkher Signs re Date RECEIVED f OCT 4 CJI10 APP J lication Form for a'n' of Committees/Boards/Commissions oane CITY OF S VALLEY Valle y Return completed form to: Office of the Mayor, 11707 East Sprague Suite *106 Spokane Valley, WA 99206 NOTE: All information on this form becomes PUBLIC INFORMATION when submitted to the Mayor's Office. Position applied for. S~ ~y co", t,,,; o V1 ~ Applicant's name: N,) e V Home address: 10 k i q Zip code: =1 9 -4, rl 4 Home Phone: ( S'-0 ~ mss - Email: c~ 5V; ki 'I C ;,V-,L; EMPLOYMENT HISTORY Present or last ` employer: Position Held: Dates of PC..r Employment i 9 c} :L - ~Y l? S 4 e~.~ Address: cal i~ V Phone: Previous employer: C, nl „ P L 3 C... Address: i Q Phone: EDUCATION I_ BACKGROUND High School Q Diploma (A S College/University w Degree CQell eSC S~~,OC}} C7"~ NL~Vsi11~ P\ %v College/University Degree COMMUNITY R LATED ACTIVITIES Aa 1 ((1~ C1 t1 ~1 C~ y MS CJ . Q f: 4: 1 'I i u C C, lie, G' e t` OI\G~++~f0:5 _ LLE' LGi~~~'l<~(41dCli'1, S. `JJ pS - - r C1If VOLUNTEER PERIENCE Y3JJAV 3KANoqa go no SFILL SPECIAL INTEPE5TS - , r"~•, ~4•+'. -aid `C%+e'L- kr`~l.iry ~'3''y,', } .'S•., t~•r7'+'~ ' =r 4-' s-°J2.} `Yi.I ti" 1 =t~f'?' ^c . ".h]( = pCr •.S:r: -'ta a it: 'f'•:1* ^ - -~4V. S ,yI ~rery 4 _ u r nt acrd pack. po iti ns held ort City Board, .Committee, or Commission ~cirde, one}: Frorn: To. From: , .:..,fir Flow long have you continuously lives[ within Spokane Va[Ivy city limits? NOTE: L VALLEY. YOU MUST' 13E A RESIDENT. OF THE CITY OF 5:P K1'411 r ~ What do you feel you can contribute to the ccmrnunity that may not be evident from information already furnj~oe on this appl[cation-?' i ,..~„~r,~i:-_. Why do )Lou Feel u are ualified to act as.'a-rnem erY'o~'t~e Board' mittee or Commission a [ied far? ~ i. cs,v ~ csL ~ ri . _ x.s. v'~' • 1'Fv c v~'r i v' - - -~r~ . Would your apf'ofntment'to this `P%itfpn create a confffct of Interest or an appearance of a ' conflict aF htemst? 7'J i It is the policy of the'City of Spokane Valley 4o- achieve. cultural and eth. kic dtrersity on ComrrdMesf'B❑ard5, and Comralssions.' Infomiativri oa this sectiorrwilI assist in achieving this goal and is voluntary on your part, ❑ Asian U Hispaitlc ❑ African Am , ❑"Natfve American . ® Whipe El Other J r Application Form for ©w or Comm ittees/Boards/C "s ' s S 6kane 00 p j Valle ci~'oPSpOXA~ Return completed form to: Cl7y4 y Office of the Mayor, 11707 East Sprague Suite #106 Spokane Valley, WA 99206 NOTE: All information on this form becomes PUBLIC INFORMATION when submitted to the Mayor's Office. Position applied for: Salary committee Applicant's name: Diane Tortorelli Home address: 3521 South Fox Zip code: 99206 Home Phone: (509-922-9256 Email:Tortswish@comcast.net EMPLOYMENT HISTORY Present or last Self employed employer: Just Hair Nails Position Held: hairstylist Dates of 1980 to Employment present Address: 11309 E. Sprague Phone:509-927- 3419 Spokane Wa 99206 Previous employer: Address: Phone: EDUCATIONAL BACKGROUND High School Kelso High Diploma yes College/University Basin Community Degree no Academy of Yes Cosmotology College/University Degree - COMMUNITY RELATED ACTIVITIES VOLUNTEER EXPERIENCES Big Brothers Big Sisters SKILLS/SPECIAL INTERESTS Current and past positions held on City Board, Committee, or Commission (circle one): From: To: From: To: From: To: How long have you continuously lived within Spokane Valley city limits? May 1989 NOTE: YOU MUST BE A RESIDENT OF THE CITY OF SPOKANE VALLEY. What do you feel you can contribute to the community that may not be evident from information already furnished on this application? Why do you feel you are qualified to act as a member of the Board, Committee or Commission applied for? As a business owner it would be benificial to have input in our fine city. Would your appointment to this position create a conflict of interest or an appearance of a conflict of interest? no It is the policy of the City of Spokane Valley to achieve cultural and ethnic diversity on Committees, Boards, and Commissions. Information on this section will assist in achieving this goal and is voluntary on your part. X ® Asian ❑ Hispanic El African American 0 Native American ❑ White ❑ Other 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 10, 2006 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business [ new business public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Amendment to JUB Contract for Street Master Plan for Street and Utility Codes Standards Revisions GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Council received informational memos on September 26, 2006, July 11 and July 25 regarding the Uniform Development Code (UDC) schedule and public participation process and a briefing on October 3, 2006 regarding the proposed amendment. BACKGROUND: Council has received a briefing on October 3, 2006 and two informational memos from the Community Development Director regarding the update of the Uniform Development Code (UDC). As part of this process we will also update the existing Spokane County Road and Sewer Construction Standards. Title 20, Subdivision Regulations, will include reference to the new Spokane Valley Street and Utility Construction Standards. The County's existing 185 page document will require extensive revision to meet the requirements of the Comprehensive Plan and to update the standards from a rural county road system to that of the City of Spokane Valley. City staff do not have the capacity to complete a project of this size in addition to existing responsibilities. We are proposing to accomplish this task with a contract amendment to JUB Engineers who are currently in the process of developing our street master plan. Attached is a contract amendment and scope of work. OPTIONS: RECOMMENDED ACTION OR MOTION: Move to approve the contract amendment to JUB Engineers Inc. in the amount of $135,121 and authorize the City Manager or designee to sign the contract. BUDGET/FINANCIAL IMPACTS: The proposed contract amount is $135,121. Although this work was not included in the 2006 budget we anticipate that we can fund $ 90,000 from the General Fund resulting from an additional $100,000 in development related fees and $45,000 from the Street Fund as a result of additional interest earnings. STAFF CONTACT: Neil Kersten ATTACHMENTS Contract Amendment Spokane Va11ey 4;00 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhallespokanevattey.org October 4, 2006 David Kliewer, P.E. J-U-B Engineers, Inc. W 422 Riverside, Suite 722 Spokane, WA 99201 Re: Addendum to Professional Services Contract executed Mary 18, 2006 Dear Mr. Kliewer, The City of Spokane Valley would like to execute an addendum with J-U-B Engineers, inc., to that agreement executed by the parties on May 18, 2006. The City proposes amending the Contract by requesting both parties sign this letter. Upon execution, this letter will serve as an Amendment to the May 18, 2006 contract, as stated below: The City agrees to pay Consultant for up to $135,121 in additional services as outlined in the attached Proposal and Detailed Scope of Work. These services ,Nrill be tracked and billed on time and materials basis, and are subject to all of the conditions set forth in the original agreement. IN WI'1'1\TESS WHEREOF, the parties have executed this Agreement this day of October, 2006. CITY OF SPOKANE VAa✓T,F~Y: Consultant: J-U-B Engineers, inc. David Mercier, City Manager David Kliewer, PE Tax ID No. AT 1'ES T : APPROVED AS TO FORM: Christine Bainbridge, City Clerk Cary P. Driskell, Deputy City Attorney ` --,-1-.U-B.,EN'INEEAS nc. . . _ _ - • ' - II~iGfI~~EER5- .SLI:~VEl`ORS' :i'L;kNl~f~,5~ . W X22 •Ri~;ersi0,•Suie-722 . L~ ' ~ - • . - , , _ • • ..'Spokane, .WA.9g201 . . ~ . - . e - - . • . ' • , - • . . `L509-4 53=372", Fad 509-45&3262 ` _Aucwsi,:23:?DOb__ :y~ninrjuD.c+Jrn r.'JDhn.Hohman'' -Senior EriinzEr - ~evelo~rnznt S: ` ity pDkahi Valley. C'of' S 11707-!=: Sprague Ave. -Suite 1'06 ` . Spokane Valley; V~A206 ' RE; ' Road grid 0 "jity Cbnsfrit`ction •Standards''Document Creation -_.Revis~d:Proposal' ' J •11-3'i's:excited to propose`ort this:nter`estir~g and chatlerigina updai e• aia:crea~ion=of -the City..: . f : of S• arie `fal-ley stagy ~dard5.for road and utili~y'cdris06tc ton:. We.-un erstan&ih - ;•considerable develnprn rat.pr,'zssuCeyouu, are::'seeirig'frorn pt~va e:al bblic:,sect4r Via: order : to'better;delineate.and'tipdate_ bh ist rig roa rstand4r& Tfi a tact►.e-:de sited 'sr:oPe.of• servic s• and•fee,spreadsljeet;iricludes.task=items'jn~tikLe:ori 1na1•eici5tif~ standa`tdsdQcument - ' as.~ell, as 'specialty items ybu'ktave' expressed. ari ,interest in.• Here are- some iii~iiligfits of-bur i~ _ :Qur scope includes all:bullet'ed.•ii ms:b'e[04 plus;':aka:ntinirriurri; i;ital.cr."ea iori or ' existing te,ct' and,defails hat is useful'iii: the-'~xistarig.,docurnents:: 'Qur goal proiride :you with _a ataily.dis ita'[; do1utriei~t• bbl can oe•`updatLdia :r W' :and: , shared ,vVith:the.p~rblic iri .eitaier hard copy forni br-CitV•-6_ the Valli Yaeb based form: D1~4v~n~'s',itiz':create :be in;tlaiAutoCAD forr►~~~tinile-otherfariat5 siic a;'i~s may,'be:rised'for:existjng.uri,cfiajngcd de 'ails: ; ;Ke el~mer~ts.GVour-p!-bposalinclude.:new`_sfreet:sections..arafted`.in-AutoCAD.tf~! . . Y+brk•iA!th.:yourdepartment-of;,pt?olic, j*~orlts-staf .,to update=and draft Sheet sections` 'for various seivice let%els required..; r` ~r :•1Nifiii regards-to stari8 rd-details.tlaat:you••are comfortable-writh::that'alre dy exist:-in:' the. Spci ane Cbunty-road standartls;:~ocument, Nve' Yn work V,'ith tfierSpokarie ~ourity,' . _ to gain:permission to°reuse:,tFiose exhibits arid; (ceep:th~ drafting. portion. of this:ivork: effort'zf~i ent:and=s°riiinima~as;,possible:, W2 ~vi4 v,'ark V,ith..intieri'sity!on your:improvement:of,tjie`rural-rgad,'sfai~dardsl.We' : ' tin' ierstand.that a*.' " triiori.conicerr' hati:youalzar'istiiat fhzy' re am~ii uou ;and leave• o tha.discreticjri: of thie -Spokane'.County €rginer: ' Our intzrin. th'is:ai=ea tioo' much,., wiU be fo ct`eate-for,your :re.View Arid :cdmrpent eat tab'les,d graphs ~nfi'teX'C that ri?ducekhe'cbrit"usion,fortfie.p~!bl c:or'priv to sector projzcts-that 'are,tom nQ d:tiie' Ci~y,of SpolcanValle r - Y: We. itidzrsfanti ;thafi.approac fi:•details; fo `ekai~iple; are..not; clear ai7d perhaps ca'n be 5ilii li led'and=coorainated'in,tor a redilc d.numb r- of. sheets:exQressirfg.the r:nature:•`• . % :We undersfandthat 5~ou ~.oulci tiler -discussions ati¢:ufi;vArHat.otihers'cori munitics`.6 for.. : ' Ro.Siidard Letter 3;23-06:d'oc 1: s ; rac- !>5;c : SLliY p].17]ISvr •~Uf - lf4 :1rJ~; ride~rstand that you vrant tb4orkc w~itti us'aR 'liay :us refine roads_and:litilities t sactiojis•.of the road'standards: ~ e,undorstajid=that'th2 sto~crrwater:drainage - :'gu delines.dre in regional doc6 ent'thaf ? fe"migh clisc~iss wiihyaU. ApplicadOI.T.' ' 05f.drain3 a c-'d has'irnpact Qn`of: his: docurnenWi.th.. regards td=uti[ities.W? understand you have, adopted the-Washington State.Deparfingi,. •rtrans .4;tatio'n.and ca ,Public York Association standard speeificanoris.•'.: e'.w ll-work, to [irik.both _ 'Amen those; document to fext:in'ffis dodurient. - s=::We t rrderstand you want us -to create_'arid:he[p you drift a traffic`irhpacis.szction'for:. _ de~elupmerit'im'Pacts,toyaur taffit'system.: As;asubfas'kt in traffi~•impacts we.will •need-fo:diwe •ihto•accessJssues:with j,bu.ah-help to develoo'b tt r stardards.and`. ..~clanty. • Y'ou want to link the:land .platting'gui'deline"s with"'thisYoad standards. M docl~ment'so that,the:private'.seetor understands ezactil'y:vtj~at, j!bur a~ces5.goals'are-. ; goin g ''t:o'be . T11is•vYi[l also. ka l Y. ou.obtairi ra hi: avray w(lefe:and 'Where you.need . P You want:to.clearly explain_right-of-way'need to:people:bringing.deVe~oFment.tcrthe . City of Spokane Valley:.. J.e:unddrstariid-that -traffic calming iridelines•a•re an impprtaiit;ta5k'section that-you would like ta.develop.;in the road'standards..,We v~ll'expres~.trafiic calriaing option's: to~' .you:an:worK vrith you ori=tkie:creation of•te~ct and/or_detaits thatfielp you corivpy. _ d ' ' • :,'•'e-xamp[es' for.•traffic.-calming. -o . Another exajriple iiern under this su5~ask•vvould:be.clanfication of street' signage such as stop signs' and:where. and. when- they'can be applied, and' _ ;on( er wf1'at roiiditions. ' ` • . mss' a, . r \~~e undersfiand and h'ave• commit€ed .to preparing:far'and ,fieiQin ;you, f aciti.tate• three r. _ . pu'licti~etings that would'include:the-•st'alceho[ders om all'sectors.:: Ti ha:5ubta5k;: he'reft*CM be, a'P.resentatibn to the`councif the•.res0lts_of those rneetin.'gs; `4r, averall. ':s. hedule would be t6'have'a-, draft`iddd.standards"d6dui7nent'prepar'ed.by the end.of :2006 for:your reViev~ -Many u h6r. ~N-ork ,items •a'rei ih&'ude'd''on. ke%attached=task and - . : , ' fee'propQsal.' `?~e.l'oak:to ,yair'foi.'gui'da'nce~ on= any topj' s' e may. f~ave t>1iss'd or riari 11acir :irrforts.below o'r abbWeyour ecpzctativn's. Vi!e ivould;trulynjoy working='ori this;Qroject.. Tfie..goal will b'e; a:clear road=and'r~ility: standajds ciocurr~ent thatiencouiages successful coopcration:betv~een tfiz:City of.5pokane Vh4y'aiid ttie public You serve: ' -Sinterel'. : ' . rJ7U-'f3;ENGVtRS, -Inc: s ' ..:area. rjiapager ; AMENDMENT TO STREET MASTER PLAN ROAD AND UTILITY CONSTRUCTION STANDARDS DOCUMENT UPDATE J DETAILED SCOPE OF WORK OBJECTIVES The City's objective in this Agreement is to obtain consulting engineering services for creation of art improved Road and Utility Construction Standards Document. PROJECT DESCRIPTION This project wi,11 create a Road and Utility Construction Standards Manual that represents the goals and guidelines of the related.future development of the City of Spokane Valley.. The project'will include creating a completely digital document for use in electronic communication formats. KICK OFF MEETING The Consultant shall facilitate a kick-off meeting between the City of Spokane Valley.. and the Consultant team. This rheeting•will be to re%lew project road and utility construction standards document goals and concerns 6f the City as well as any and .all other details and/or concepts that are pertinent to the City receiving a• successful project. The City shall provide ConsbItant with its most comprehensive history of "project example situations" wherein outdated;or ambiguous standards Were less than effective in dealing'with the public. 1.00 General Considerations The Consultant shall draft this section for review-and approval of the City of Spokane Valley Public Works Department (PWD). 1.01 Applicability The Consultant shall draft this section of the new standards document for review and approval by'the City_of Spokane ViaIley PWD. 1.02 Definitions The Consultant shall draft this section of definitions for review and approval by the City of Spokane Valley PWD. 1.03 Responsibility To Provide I he Consultant shall draft this section of responsibility to provide for-review -and approval by the City of Spokane Valley PkND. FAProject5191PR0?05AAL1200615pokane Malley, City of, Road Et Utility Constmetion standard BoakN OAD STANPAR' DS 5COPE OP WORKAGREEI ENTAUGUSi 2006.doc AMENDMENT TO STREET MASTER PLAN ROAD AND UTILITY CONSTRUCTION STANDARDS DOCUMENT UPDATE DETAILED SCOPE OF WORK 1.04 References The Consultant shall review current applicable source codes and redraft this section_ for review and approval by the City of Spokane Valley PWD. 1.06 State Specifications and Plans Coneurreney (WSDOT/APWA) The Consultant shall review current applicable related agency manuals and redraft this section for review and approval by the City of Spokane Valley PWD. 1.07 Nori-Conforming Private Road' The Consultant shall draft this section,of the Non-Conforming Private Road guidelines for review.and approval by the City of Spokane Valley PWD. 1.08 Deviations and Review of Decision The Consultant shall draft this section of Deviation and Review of Decision for review and approval by the City of Spokane Valley PWD. ( 1.10 Compliance °eview The Consultant shall draft this section for a Compliance Review procedure supported by the City of Spokane Valley PWD. 1.11 Roadway Types The Consultant shall develop types and widths details for the City of Spokane Valley future street sections. This includes computer-aided drafting 'when required. It 18 assumed by Consultant that most-if not all of existing Spokane County computer drafted details virll be shared..digitaliy at little or no cost with-City of Spokane Valley end Consultant. 1.12 Roadway. Classifications The Consultant shall define Roadway Classifications consistent with the goals of the City of Spokane Valley. 1:13 Half Street The Consultant shall draft a Half Streat policy in accordi-nce with the goals of the City of Spokane Valley PWD. F:1Projiec&,91PROPOSAL12OD6\SpK?ka~e Valley, City of, Road a Utility Cms ruction Standard Boo%AROAD STANDARDS SCOPE OF W'ORK AGREEMENT AUGUST 2DU5.doc AJENDMENT TO STREET MASTER PLAN ROAD AND UTILITY CONSTRUCTION STANDARDS DOCUMENT UPDATE :i DETAILEb SCOPE OF WORK 1.14 Primitive Roads The Consultant shall draft a Primitive Roads policy definition per the goals of the City if Spokane Valley PWD. 1.16 Road Names The Consultant shall draft this section deeming the City of Spokane Valley's FWD approach to the naming of roads. ' 1.20 Levels of Service The Consultant shall drathis section defining Levels of Service definition for review and approval by the City of Spokane Valley PWD. 1:30 Traffic Studies/impacts The Consultant shall develop a section that clearly defines when and how traffic st'dies are required for development for review and approval by the City of Spokane Valley. y t 1.40 Severabilit The Consultant shall draft this section defining Severability for review and approval by the City'of Spokane Valley PWD: 1.50 Reproduction The Consultant shall provide document reproduction. 2.00 Road Types and Geometric Features The Consultant shall draft this section defining Road Types and- Geometric Features for review and approval by the City of Spokane Valley PWD. 3,00 New Cotastruction Design Standards i - \-rthe Consultant shall draft this section of this'document to reflect the goals of the City of Spokane Valley regarding better matching of existing neighborhood conditions for new development projects. F.\Projectsl9tPP,OPOSAL\2006\Spd arse Vallel, CirY of, Road Fr Utility CautrucLion Standnrd Book\ROA!D STANDARDS SCOPE O WnRK Ar-kFF TENT AUGUST 2006.doc AMENDMENT TO STREE i MASTER PLAN _ ROAD AND UTILITY CONS T RUCTIOWSTANDARDS'DOCUMENT UPDATE DETAILED SCOPE-OF WORK 3.001 Redevelopment Standards - The Consultant shall evaluate options where varying portions of the community would have varying redevelopment standards for review and approval by the City of Spokane Valley MAID. 3.09 County Arterial Streets The Consultant will work with the City of Spokane Valley to draft new arterial street standards for review and approval by the City of Spokane Valley PWD. 3.02 County Access Streets The Consultant will work with the City of Spokane Valley to draft access streets standards for review and approval by.the City of Spokane Valley PWD. 3.03 Typical Roadway Section The Consultant will draft typical roadway sections for review and approval by the City of Spokane Valley PWD. t 3.04 Intersections -The Consultant will draft intersection standards for review and approval by the City of Spokane Valley PWD. 3.05 Border Easements The Consultant will draft border easement standards for review and approval by the City of Spokane Valley'PWD. 3.07 Slopes The Consultant will draft slope standards for review and approval by the City of Spokane Valley PWD. 108 Right-of-Way The Consultant will draft Right-of-Way standards for review and approval'by the City of Spokane Valley PIAID. 3.09 Connections of State Highways and New County Roads The Consultant will draft connections of State Highways and new County Road standards for review and approval by the City of Spokane Valley PWD. -4- F:1Rrojec;3141PROPASAI.kZDD6%SpokaneV::iley, CEry of, Foal Et utilir; Const cLion Standard Boo`AROAD STA\1D4AbS 5C6FE OF Wiul< 4rF?FFMF)JT AI Fri SST 7Qt7 Aor AMENDMENT TO STREET MASTER PLAN ROAD AND UTILITY CONSTRUCTION STANDARDS DOCUMENT UPDATE DETAILED SCOPE OF WORK 3.11 ' Railroad Grade Crossing The Consultantwill draft railroad grade crossing standards for review andcapproval by. th- City of Spokane Valley PWD. 3.12 Standard Road and Traffic Control Signing The Consultant will draft standard road and traffic control signing standards for review- and approval by the City of Spokane Valley P~A[D. 3.14 Traffic Barrier The Consultant will draft traffic barrier standards for review and approval by the City of Spokane Valley PWD. 3.15 Clear Zone ti The Consultant %rill draft clear zone standards for review and approval by the City of Spokane Valley PWD. . . 3.16 Road Surfacing Require-ineiits The Consultant will draft road surfacing requirement standards for.review and approval by the City of Spokane Valley PWD. 3.17 Cul-De-Sacs The Consultant will draft cul-de-sac standards for review and approval by the City of Spokane Valley PWD. 3.18 Curbs, Sidewalks, and Pathways The.Consultant will draft curbs, sidewalks, and pathways standards for review and approval by the City of Spokane Valley PWD. The Consultarit will attend up to two (2) visits to other communities with City of Spokane Valley to'review progressive methods and design schemes being utilized in other-cities. 3.20 Curb Ramps' The Consultant will draft curb ramp standards for review and approval by the City of Spokane Valley PWD. 1.22 Private Roads The Consultant will draft private road standards for review and approval by the City of Spokane Valley PWD. F:%P%}ec'L3191PROPOSr1,L12006\Spokane Valley, City of, Road & UtAity Construction Standard Book\RCAD STANDARDS SCOPE OF WORK AGREEMENT AUGUST 20MADC AMENDMENT TO STREET MASTER PLAN ROAD AND UTILITY CONSTRUCTION STANDARDS. DOCUMENT UPDATE DETAILED SCOPE OF WORK 3.23 Private Alleys The Consultant will draft private alley standards for review and approval by the City of Spokane Valley PWD. 3.24 Driveway Approaches The Consultant will draft driveway approaches standards for review and approval by the City of Spokane Valley PWD. 3.25 Access Standards The. Consultant shall draft access standards for review and approval by the City of Spokane Valley PVVD. 3.30 Reproduction The Consultant shall provide document reproduction. _ 4.00 3R Design Standards The Consultant will draft 3R Design Standards for review and approval by the City of Spokane Valley PWD. 5.00 Project Application and' Clarification The Consultant will draft project application and clarification standards for review and approval by the Cit~ of Spokane Valley PWD. 5.01 Application Procedure The Consultant will draft application procedure standards for review and approval by the City of Spokane Valley PWD. 5.02 General Formatting The Consultant will .dra t general formatting standards for review and approval by the City of Spokane Valley PWD 5.03 Drafting Standards I,. The Consultant will draft drafting standards for review and approval by the City of- Spokane Valley PLAID. F:l~rojectc141PROPOSAL120061Spaar~e val►.cy, City of, Road @ Utility Construction Standard Book\ROAB STANDARDS SCOPE of AMENDMENT TO STREET MASTER PLAN ROAD AND UTILITY CONSTRUCTION STANDARDS DOCUMENT UPDATE DETAILED SCOPE OF WORK 5.04. Plan The Consultant will draft plan standards for review and approval by the City. of Spokane Valley PWD. 5.06 Profile Elements The*Consultant will draft street profile element standards for review and approval by the City of Spokane Vailey PWD. 5.08 Typical Cross Section The Consultant will draft typical cross section standards for review and approval by the City of Spokane Valley PWD. 5.10 Drainage Plan The Consultant Will draft drainage plan checklists for review and approval by the City of Spokane Vailey. J 6.00 Land Survey Standards The Consultant Will draft land survey standards for review and approval by the City of Spokane Valley PWD. 6.01- Regulations The Consultant will draft regulation standards for review and approval by the City. of Spokane Valley PWD. 6.02 Monumentation The Consultant will draft monumentation standards for review and approval by the City of Spokane Valley PWD. 6.03 Horizontal Control Nbt The Consul?ant vrill draft' horizontal control net standards for review and approval by the City of Spokane Valley PWD. 6.04 Temporary Bench Mark The Consultant-will draft temporary bench mark standards for review and. approval by I, .the City of Spokane Valley PWD. ~ -7- F:1Proj ectr151Pr~OPOSAU?00615pok~ne Valley, City/ or, Road Utility Construction Stand:td Boo'MROAD STANDARDS SCOPE OF WORK ACREEr~JE11TAUGUST Z006.doc AN►ENDMENT TO STREET MASTER PLAN ROAD AND UTILITY CONSTRUCTION STANDARDS DOCUMENT UPDATE DETAILED SCOPE OF WORK 7.00 Bridges and Other Structures The Consultant will draft bridges and other structures standards for review and approval by the City of Spokane Valley PWD. 7.01 Principal Reference for Bridges The Consultant will draft Principal Reference for Bridges standards for review and approval by the City of Spokane Valley PWD. 7.03 Other Bridge Design Criteria The Consultant will draft other bridge design criteria standards for review and approval by the City of Spokane Valley PWD. 7.04 Retaining Walls and Other Structures The Consultant will draft retaining walls and other structures standards for review and approval by the City of Spokane Valley PWD. - 7.05 Reproduction The Consultant shall provide document reproduction. 8.00 Utilities The Consultant will draft utility standards for review and approval by the City of Spokane Valley PWD.. 8.01 Franchising Policy The Consultant will draft franchising policy standards for review and approval by the Cite of Spokane Valley P`J11D. 8.02 Standard Utilities Locations The Consultant will draft standard utilities location standards for review and approval by the City of Spokane Valley P\A10. 8.04 Scheduling of Utilities Installation, Relocation and Inspection : The Consultant will draft utilities installation, relocation and inspection standards for review and approval by the City of Spokane Valley PWD. -8- - r:\ProjecLsi9lpltOPOSALU006\SpRkan~ Valley, City of, Road et Utility Construction Standard BooRAROAD STAt DARDS SCOPE OF %IJn?~V /r0=L:IZA1T f.I1f:1ICY ?Af.f, ejrt AMENDMENT TO STREET MASTER PLAN ROAD AND UTILITY CONSTRUCTION STANDARDS DOCUMENT UPDATE.- DETAILED SCOPE OF WORK - j 8.05 Reproduction The Consultant shall provide document'reproduction. 9.00 Permits.and Inspections The Consultant will draft permits and inspections standards for review and approval by the City of Spokane Valley PWD. 9.01 application The Consultant orill draft application standards for review and approval by the City of Spokane Valley PWD. 9.02 Basis for Control of the Work The Consultant will draft the basis for control of the work standards for review and approval by the City of Spokane Valley PWD. ~J 9.04 Road Construction Inspections The- Consultant will draft road construction inspection standards for review and approval by the City of Spokane Valley PWD. 9.06 Construction Inspection Notifications and Records The Consultant will draft construction inspection notifications grid records standards far review and approval by the City of Spokane Valley PWD. 9.09 County Forces & County Contract Road Inspection' The Consultant will.draft contract-road inspection standards for review and approval by the City of Spokane Valley PWD. 9.10 Record Drawings The Consultant will draft record drawing standards for review and approval by the City of Spokane Valley PWD. _9_ RdAD STANDARDS COPE OF r:1FtDjects'~91PP.OPOS.;Ll2Gii61sPe;~ar~F valley; City of, P.osd ti Utility Construction Stand.ard.BC)DI x -S WORKAGREE1 Df i AUGil t2boS.doc . AMENDMENT TO STREET MASTER PLAN ROAD AND UTILITY CONSTRUCTION STANDARDS DOCUMENT UPDATE DETAILED SCOPE OF WORK 10.00 Bbnding' The Consultant shall redraft this section of the plan presenting a more clearly defined approach to bonding. Performance, Warranty and Permit Surety will be evaluated for their applicability to this document. 11.1 1st Public Meeting -Stakeholders Consultant; shall facilitate a public meeting between the City of Spokane Valley stakeholders and the Consultant team. This meeting will be-to review road and utility construction standards document goals and concerns of the stakeholders as well as any and all other details and/or concepts that are pertinent to the City receiving a successful project. The Consultant shall present the technical, as well as philosophical differences that make up the new Road and Utility Standards document while highlighting common areas of interest and concern. Discussion will be encouraged and view points of all nature will be heard and respected. 11.2 Review Comment and Make Recommendations l Consultant shall review comments from City of Spokane Valley stakeholders and vOll make recommendations based on tha comments received. 11.3 -2nd Public Meeting -Follow-up with Stakeholders Consultant shall facilitate a follow-up public meeting between the City of Spokane Valley stakeholders and the Consultant team. This meeting will confirm concerns expressed and relate them to recommendations, 11.4 Review Comment and Make Recommendations Consultant shall review comments from City of Spokane Valley stakeholders and will make recommendations based on the comments received. 11.5 3rd Public Meeting - Presentation of Results to Council The Consultant shall facilitate a presentation of this New Road Standards document to the City of Spokane Valley Council. The Consultant shall prepare a slide or series of slides that•presents, in matrix form-the differences between•the old standards and the new standards. The Consultant shall discuss impacts Cif changes on development, etc. Consultant shall present final recommendations to Council. l -10- F:1Projects19VROPOSAL120055Spo!lane-Valley, Cit1 or, Road Y Utility Consuvction Standard Bod- ROAD STANDARDS SCOPE OF WOP.K AGdEMENT AUGUST 200615.doc AMENDMENT TO STREET MASTER PLAN ROAD AND UTILITY CONSTRUCTION STANDARDS DOCUMENT UPDATE DETAILED SCOPE OF WORK 11.6 Revievtii Comment and Make Recommendations Consultant shall review comments from City of Spokane Malley Council members and Consultant will make recommendations based on the comments received. 11.7 Reproduction The Consultant shall provide final documents reproduction. 0 • ti F:\;3rujec-ts\9\P.R.aPOSAt\ZODE\Spokane Va!ley, City, of, Road.E Utilib/.Constn!ctiortSt;ndard &WK\ROAD STANDARDS SCOPE 0 WORK AGREEMENT AUGUST 2005.doc AGREEMENT FOR PROFESSIONAL SERVICES J-U-13 Engineers, Inc Street Master Plan THIS AGREEMENT is made by and between the City of Spokane •VaUdy, a code City of the State of Washington, hereinafter "City" and J-U-B Engineers, Inc. hereinafter "Consultant," jointly referred to as "parties." IN CONSIDERATION of the terns and conditions contained herein the parties agree as follows: 1. Work to Be Performed.. The Consultant will provide all labor, services and material to satisfactorily complete the attached Scope of Services. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to'commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Work, schedule and date of completion. Upon notice .from the City Manager or designee; Consultant shall cornmence .work, perform the requested tasks in the Scope of Work, stop work and promptly cure any failure in performance under this agreement. B. Representations. The City has relied upon the qualifications of the Consultant in entering into this agreement. By execution of this agreement, Consultant represents it possesses the ability, skill and resources necessary to perform the work and is familiar with all current laws, rules and regulations which reasonably relate to the Scope of Work. No substitutions of agreed upon personnel shall be made without the.written consent of the City. Consultant shall be responsible for the technical accuracy of its services and documents- resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall, correct such deficiencies without additional compensation. except,to the extent such action is directly attributable to deficiencies in City furnished information. C. Modifications. The City may modify this agreement and 'order changes in the work whenever necessary, or, advisable. The Consultant will accept modifications when ordered in writing by the City Manager or designee. Compensation for such modifications or change§ *shal.f be as mutually agreed between the parties. The Consultant shall'make such revisions in thc•work as are necessary to correct errors or omissions appearing therein when required to do so by the City without additional compensation 2.. : Term of Contract. nis Ageement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met. Either party may terminate this Agreement by ten (10) days written notice to the other party. Tn the event of such termination, the City shall pay the Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3.. Compensation. The City agrees to pay the Consultant on a time and materials basis in accordance with the attached fee schedule up to an amount not to exceed $435,470.00 as full compensation for everything done under this Agreement. 4. Payment. The Consultant shall be paid monthly upon presentation of an invoice to the City. Agreement for Professional Services: J-II-B Engineers, Inc. - Street Msastar Plan Pagel of 4 r Applications for payment shall be sent to the City Clerk at the below stated address. The City reserves the right to withhold payment under this agreement which is determined in the reasonable judgment of the City IManager or designee to be noncompliant with the Scope of Work, City Standards, City ordinances and federal or state standards. 5. Notice. 'Notice shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Christina Bainbridge, City Clerk, Name: J-U-B Engineers, Inc. Phone Number: (509)921-1000 Phone Number: (509) 458-3727 Address: 11707 East Sprague Ave, Suite 106 Address: 422 W. Riverside Avenue, Suite 722 Spokane Valley, WA_ 99206 Spokane; WA 99201 6. Applicable Laws and Standards. The parties, in the performance of this agreement, agree to comply with all applicable Federal, State, local laws, ordinances, and regulations. 7. Relationship of the Parties. It is understood, agreed and declared that the Consultant shall be an independent Consultanf and not the agent or employee of the City,"that the City is interested in only the results to be achieved, and that the right to control the particular manner, method and ,-Weans in which the services are performed is solely within the discretion of the Consultant. - Any and all employees who provide services to the City under &ds agreement shall be deemed employees solely of the Consultant. The Consultant shall be solely responsible for the conduct and actions of all employees under this agreement and any liability that may attach thereto. 8. Ownership of Documents:" A.ll drawings, plans, specifications, and other related docuffients \ prepared by the Consultant under this agreement are and shall be the property of the City, and may be subject to disclosure pursuant to RCW 42.17 or other applicable public record laws. 9. Records. 'The Cfty or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of the Consultant's records-with resgcct to all matters covered in this contract. Such representatives shall be permitted to audit, examine and make excerpts or tr&nscripts from such records and to snake audits of all contracts, invoices,'materials, payrolls and record of matters covered by this contract for a period'of three years from the date final payment is made hereunder. 10. Iisuranee- During the term of the contract, the Coii§Wtant shall maintain in force at its own expense, the following insurance: A. Workers' Compensation Insurance in compliance with RCW 51.12.020, which requires subject employers to provide %vo' k6rs' corripensation coverage for all their subject wdrkers and Employer's Liability or Stop Gap Insurance in the amount of S1,000,000.00; B. General Liability Insurance on an occurrence basis with a combined single limit of not-less than $1,000,006.00 each occurrence for bodily injury and property damage. It'shall-ihelude contractual liability coverage for the indemnity provided under this contract. It shall provide that the City, its officer§, employees and agents are additional insureds but only with respect to the C6i3s rltant's services to be provided under the contract; C. Automobile Liability Insurance with a combined single limit, or the equivalent, or Agmcmer-t for Prof ssiond Services: I-U-B Engineers, inc. - Street Master Plan Page 2 of 4 not less than $1,000,000.00 each accident for bodily injury and property damage, including coverage for owned, hired or non-owned vehicles; and D. Professional Liability Insurance with a combined single limit of not less than S 1,000,000.00 each claim, incident or occurrence. This is to cover damages caused by the error, omission, or negligent acts related to the services to be provided under this contract. The coverage must remain in effect for at least bvvro (2) years aster the contract is completed. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without thirty (30) days written notice from the Consultant or its insurer(s) to the City. As evidence of the insurance coverages required by this contract, the Consultant shall furnish acceptable insurance certificates to the City at the time the Consultant returns the signed contract. The certificate shall specify all of the parties who are.additional insureds, and will include applicable policy endorsements, the thirty (30) day cancellation* clause, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self- insured retentions, and/or self-insurance. 11. Indemnification and Hold Harmless. L'ach party shall indemnify and hold the other, its officers, employees, ageais and volunteers harmless from and against any and all claims, demands, orders, decrees or judgments for injuries, death or damage to any person or property arising or resulting from any negligent act or omission on the part of said party or its agents, employees or volunteers in the performance of this Agreement. 12. ' Waiver. No o$cer, employee, agent or other individual acting on behalf of either party has the power, righi or authority to waive any. of, the conditions or provisions of this agreement No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All rerziedies afforded in this agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this agreement or any part thereof. 1.3. Assignment and Delegation: Neith.er party shall assign, transfer or delegate any, or-all ofthe responsibilities oftbis agreement or the benefits received hereunder without first obtaining the written consent of the other party. 14. Subcontracts. Except as otherwise provided herein, the Consultant shall not enter into subcontracts for any of the work contemplated under this agreement without obtaining prior written approval of the City. 15. Confidentiality. Consultantmay from time to time receive information which is dee ied by the City to be confidential. Consultant shall not disclose such information-,vithout the express written consent of the City or tipon order of a Court of competent jurisdiction. 16. Jurisdiction and Venue. This Contract is entered into in. Spokane County, Washington. . Venue shall be is Spokane County, State of Washington. 17. Cost and Attorney's Frees. Lithe event a lawsuit is brought with respect to this Agreement, Agmcmcnt for Professional Semices: I-U-B ] ngin6ers, Inc. - Street lvfastcr Plan Page 3 of 4 j the prevailing party shall be awarded its costs and attorney's fees iu the amount to be determined by the Court as reasonable. Unless provided otherwise by statute, Consultant's attomey fees payable by the City shall not exceed the total stun amount paid under this agreement. i 8. Entire Agreement This written agreement constitutes the entire and complete agreement between the parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified or altered except in writing signed by the parties hereto. 19. Anti-kickback. No officer or employee of the City, leaving the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted or grantFd a present or future gift, favor, service or other thing of value from any person with an interest in this Agreement. 20. Business.11ceistration. Priortocomme-Deementofwork under this Agreement, Consultant shall register with the City as 'a business. 21. Severa bility. If any section, sentence, clause or phrase of this Agreement should be held to be invalid for any Mason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this Agreement. 22. Exhibits. Exhibits attached and incorporated into this agreement are: 1. Sdope of services 2. Insurance Certificates IN WITNESS WI-IF-MOF, the parties have executed this Ag eement this day of 2005. CITY OF SPOKANE VALLEY: Consultant: J-U-B Engineers, Inc. David Mercier, City IA4anagcr Owne4#82-02910774 T,-Lc ID 1.1 ATTEST: APPROVED AS TO FORM- ` 17 firistine "Bainbridge, City Clerk Office of the City Attorney Agreement for Professional Services: l-U-a Ergmi=s, Inc. - Stmct M4 Lster Plan Page 4 o1 L4 • r : Spokane Valley Street Master Plan Scope of Work SECTION 1 - BACKGROUND AND PURPOSE- The City of Spokane Valley is a newly incorporated City of over 80,000 people. As such, the City has a need to produce planning documents and Capital Improvement Programs with respect to transportation infrastructure to serve the anticipated growth. The City has requested consultant assistance to prepare the first Street Master Plan and a Pavement Management Plan for the City. The Intent of the efforts described in the Scope of Work below is to provide the City support, guidance and documentation to prepare Plans and Programs and prioritize transportation needs, prepare projects for potential funding source grant applications and to understand ongoing pavement maintenance needs as well as future on-going'needs with respect to roadway network evaluation, project development and pavement management system maintenance. SECTION 2 - ITEMS PROVIDED BY CLIENT TO J-U-B The following information, data, services and/or responsibilities will be provided by the Client, without cost to J-U-B. • Existing planning documents, records,. data and reports, such as comprehensive land use and transportation plans; zoning maps; roadway. information systems; pavement condition information; and appropriate maps; 6 Year transportation Improvement Programs; non-motorized facilities; available traffic studies; accident records, etc. • Gather, obtain and provide traffic volume data on roadways and at important intersections, to include Average Daily Traffic and peak hour. • Publishing as necessary public meeting notices and press releases. SECTION 3 - SERVICES 'TO BE PROVIDED BY J-U-B J-U-B shall furnish the services specifically limited to the following: Phase I - Pavement Management Plan it is anticipated that several of the tasks in this phase will be undertaken simultaneously or in, consideration of other tasks. For example, the network definition and database development tasks will clearly be driven by the selection of the software which in turn will be influenced by the needs assessment. The full development of -a pavement management system assumes that City Council accepts the premise that benefits will warrant such a system. Task 1 - Needs Assessment: Conduct a needs assessment to determine the viability of developing a pavement management system (PMS) for the City. Interviews/meetings will be conducted with key individuals from the City staff, including the Public Works Director; engineering staff, maintenance personnel, and other staff that will be involved in the future use of potential pavement management data and/or outputs. The purpose of the interviews is to determine the types of available pavement management information, current program budgets, current staffing levels of Public Works personnel, and any other information necessary for the consultant to perform the assessment. Interviews will focus on answering questions such as: What is anticipated as an end product? What are expectations on how the Q pavement management system will impact employee efficiency? What are the anticipated budgets for maintaining the pavement management system? What is the make-up of current staffing - availability, technical strengths, etc.? The consultant will evaluate the benefits to the City from the creation of a pavement management system. A report shall be prepared to present findings. This report shall clearly detail the reasons and benefits of implementing the system. The report shall also identify the impacts to City infrastructure and budgets if the pavement management system is not implemented. Task 2 - Inventory Data Collection: This task involves collecting inventory information that will be used. to establish the pavement management database. It includes the collection of existing information on the roads and streets that will be included in the implementation area. The types of data that will be collected are expected to include the following items, at a minimum: • Location information (referencing with 'from' and 'to' characteristics) • Dimensions (length, width, area) • Surface type • Last construction date • GIS identifiers Some existing information is available through the current City and County records (including the Centerline PMS software information generated by Spokane County). The accuracy and thoroughness of the information may need to be verified. Aerial photography will be used to J evaluate accuracy and completeness of existing centerline data. The consultant will evaluate and make the most of all existing paper or digital databases that apply to roads, whether they come from the County, City, or some other agency. Locational verification and conditional inventory of roads will be conducted in the field to supplement existing data and complete the roadway network. Task 3 - Network Definition: The pavement network shall be divided into facilities and sections. Current philosophy suggests looking at using a block-by-block approach for dividing pavement facilities into sections with intersections included in the block section. Multilane streets may be divided by direction in addition to block-by-block segments. Management' sections can be aggregated into more applicable project lengths manually when developing final pavement maintenance and rehabilitation project lengths. Special consideration will be given to multi-lane facilities, divided roadways, and current identification methods. These identification conventions shall be recorded in the final document to ensure that as the City of Spokane Valley expands, the pavement network inventory is user friendly, can be easily updated and maintained. Task 4 - Condition Assessment: Consultant shall propose and implement a survey procedure to assess the condition of City streets in accordance with the current Pavement Surface Condition Field Rating Manual used by the Northwest- Pavement Management Association. This will be done for the results to be comparable to data previously obtained by Spokane 1 County. Only pavement condition will be assessed in.the survey; not the condition of curb and gutter or sidewalks. However, it will be noted what edge-of-pavement treatment each { segment possesses (shoulder, curb and gutter, etc.). It will be important that the City's staff -2- participate in the review of our data collection and condition assessment portions of the plan. Sections on undivided roads will be full-width sections. In other words, assume that each section (block or intersection) will be defined as a section that spans the length and width of the block (both directions of travel) on undivided roads. Sections on multilane streets may be divided by direction in addition to block-by-block segments. Pavement condition surveys will be conducted for each section taking into account the condition of the road in each direction of travel. For the purposes of this Scope of Work it is assumed that there are approximately 450 centerline miles of roadway, with arterial and collector roadways comprising 1/3 of roadway network (2-man crew 2 hours per mile); and local roadways comprise 2/3 of mileage ('one person one hour per mile). Task 5 - Database Development: Upon completion of,the-previous tasks, a pavement management database shall be developed using the inventory and condition information collected. If available, construction history will also be incorporated into the database development. We will work closely with staff to identify what is to be stored in a database, how it needs to be viewed and retrieved, who will be retrieving it, and what types of reports will be necessary. Task 6 - Software Evaluation and Development: Consultant will evaluate available public domain and proprietary, software for use in development of the pavement management system. The'consultant will recommend a software package that will meet the, needs of the ' City as determined in Task 1 - Needs Assessment. Among other things, our evaluation will consider: flexibility, usability, data entry, output, multi-users, historical data, longevity, costs to City of Spokane Valley. The consultant shall procure the software for the City after discussions with key staff. This task shall also include customization of the selected pavement management software to include the development of pavement deterioration models to predict the performance of the pavement network in the future, the identification of treatment rules to determine when certain maintenance and rehabilitation treatments are viable, and the establishment of treatment costs so that budgets can be developed. Task 7.-,.Six-Year Pavement Management Plan with Reports. and Maps: The information contained in the pavement management database and the models developed in the previous task shall be used to prioritize the maintenance and rehabilitation needs of the City under realistic constraints such as budget limits. The final product of this task shall include a multi- year pavement maintenance and rehabilitation plan that is developed based on the parameters established in the pavement management system. Results of the analysis will be presented to City staff in the form of a report, which also provides the related details of the implementation and color-coded GiS maps that show the proposed locations of work throughout the City. Factors taken into consideration when producing the schedule include the existing roadway budget and historical maintenance data. The consultant will produce several pavement management strategies (using different possible pavement treatment types) to show that there is more than one approach to managing the City's pavement network. -3- The goal is to either maintain the current pavement conditions (provided the pavement is in good condition) or to attain a desirable network average pavement condition within 5 to 10 years. The report produced as a result of this-task will include. future maintenance strategy maps (on a yearly basis) as well as tables listing the specific roadway segments and their respective treatments and costs on a yearly basis. Task 8 - System Maintenance Evaluation: The consultant shall develop a plan for maintaining the Pavement Management system. The plan shall identify the personnel and costs associated with maintaining the system by: 1) consultant contract and, as an alternative, by 2) in-house City personnel. The plan shall identify the necessary FTEs, equipment, and supplies to keep the program viable. A brief report shall be prepared and submitted detailing the findings of this task. Task 9 - City Council Presentation: Early on in the effort, following the needs assessment, the consultant will present the results of the needs assessment to the City Council on the v;hole project, both phases. Council can express their perception of the pavement network. J-U-$ will discuss what a successful pavement management system consists of and will be ready to answer questions the City Council would have regarding the topic of pavement management. Also this would give J-U-B good insight to possible concerns the Council sees in the future relating to pavement condition. To complete this I5hase, J-U-B will present to the City council the findings of Tasks 7 and 8. A summary of the conducted inventory as well as a brief overview of the chosen software will accompany the presentation of the findings. The council will be informed of the existing conditions of the City's pavement network and the steps needed to implement a successful pavement management system. It is anticipated that the City Council will be presented ' multiple pavement management strategies to consider. We will encourage questions from the Council in order to help them understand future staffing and budgets necessaryfor ongoing pavement maintenance and system maintenance. Task 10 : Training and System Installation: Following the completion of Tasks 1 through'9, the specific pavement management software program shall be installed on the necessary computers at the City. Four (4) days of training will be provided to City staff who will be working with the pavement management software. The training will include an introduction to tlie`general concepts of pavement management along with specific instruction relating to the use of the selected pavement management software. The training will include lecture, discussion, and hands-on use of the software. The consultant shall also provide the City with a users manual and all necessary documentation for staff to consult during the use of the PMS. Phase 2 - Transportation Planning Task 1 - Review and Evaluation: The consultant shall review and evaluate the city's current methods for developing the annual Six Year Transportation Improvement Program (TIP). This shall include a review of the available data used to develop the TIP and the mariner is which the data is managed. The purpose of this evaluation is to identify ways to improve the methods used and improve the collection, storage, and evaluation of data necessary to support the development of the annual TIP project priority list. Interviews/meetings will be conducted with key individuals from city staff, including the Public Works Director, -4- engineering staff, maintenance personnel, and other staff that will be involved in the future development of the annual TIP. The interviews will help determine the types of available information, how this data is currently stored, retrieved and used, current staffing levels of Public Works personnel, and any other information necessary for the consultant to perform the assessment. This effort will help to understand project expectations, goals and objectives of the City. Through the course of the meetings/interviews, we expect that all current pertinent data will be obtained. This data will likely include, at a minimum, existing street maps, traffic data (including historical), roadway right-of-way maps, traffic control devices, street classification maps, previous studies, existing and future land use data, aerial photography and city financial data for public works expenditures, staffing levels and responsibilities. A report shall be prepared to present the consultant's findings. This report shall clearly indicate if the current available data is adequate for development of the TIP and'to, support grant applications. The report shall also identify improvements needed, if any, in the methods or data used to support the development of the annual TIP. The report shall also identify on-going staffing levels, resources, and budget to maintain the development of the TIP' each year. Task 2 - Database Development: After reviewing the city's data upon which the prioritized TIP project list is developed, the consultant shall review databases or other methods of data storage used by other Washington jurisdictions, including Spokane County, and develop a recommendation on how the city's data.could be better managed. The consultant shall then develop a database, a series of databases, or other methods that will allow city staff to better manage the information necessary for the evaluation and prioritization of transportation projects. This will include the management of transportation network volume/capacity ratios, intersection levels of service, number and types of collisions/injuries/fatalities, recent local bid results for unit price estimating, and other types of information identified in Task 1. The recommended data management tool could be a third-party software, a modification of another jurisdiction's methods,.or the development of an entirely new method. Once a method is selected, the cdnsultant shall develop that method using the city's available data and train city staff on its use. Task 3 -Six-Year TIP Project List: The consultant shall assist city .staff in the development of the 2008-2013 Six Year Transportation Improvement Program (TIP) using data identified in Task 1. This shall include, but not be limited to, review of 1) volume /capacity ratios based on Spokane regional traffic models, 2) number, location, and type of collisions/injuries/fatalities, and 3) existing and forecast intersection levels of service. Coordination with other types of information will be required including: 1) existing pavement conditions, 2) increased areas of development and re-development within the city and in areas adjacent to the city, 3) adjacent jurisdiction street projects that cross city boundaries, 4) proposed street maintenance activities, and 5) full width paving projects associated with Spokane County's Septic Tank Elimination Program. For the purposes of this Scope of Work, it is assumed that data will be provided by the City for 126 intersections and approximately 3600 accident records, and that an average of 2 hours per intersection will be required for analysis. -5- The consultant shall develop and use a type of ranking system that will utilize the available data to identify and support a prioritized TIP project list. The project list•shall be divided into logical categories. Example categories include, but are not limited to, Arterials, Safety, Traffic Control, Sidewalks /Traits, and ITS. It is anticipated that some assistance at a policy level may be necessary to provide guidance in prioritizing projects between project types. Task 4 - Six Year TIP Cost Estimates: Once a preliminary project list is developed, the consultant shall prepare planning-level cost estimates for each project. The planning-level cost estimates shall include 1) a description of the proposed improvements, including number of proposed lanes, intersection improvements, pedestrian /bicycle improvements, ADA requirements, drainage facilities, etc., 2) maps that define the proposed project limits, 3) estimated quantities of proposed bid items including unit prices based on recent Spokane area bid tabs, 4) right-of-way acquisition costs, and any other appropriate items. Conceptual alternatives for some projects may be required in order to determine potential right-of-way costs. For the purposes of this Scope of Work it is assumed that project descriptions, maps and cost estimates will be prepared for 40 projects with an average of 1 day per project. Task 5 - Six Year TIP Funding Proposals: The consultant shall review the project selection criteria of the local, state, and federal grant programs available and shall identify a grant funding program (or combination of grant programs) for each project on the TIP project list. Grant programs shall include, but not be limited to, the following: WA State Transportation Improvement Board (TIB) Corridor Completion Initiative (CCI) • Urban ArteriarProgram (UAP, previously AIP) • Urban Corridor Program (UCP, previously TPP) ■ Sidewalk Program (SP, previously PSMP) • Freight Mobility/Strategic Investment Board (F1vMS1B) • Federal Aid Program ■ Bridge (BR) • Surface Transportation Program (STP) ■ Congestion Management/Air Quality Funds (CMAQ) ■ Transportation Enhancement Program • Emergency Relief - • Intersection and Corridor Safety • WSDOT ■ Safe Routes to School Program • Pedestrian and Bicycle Safety Program • Regional Nobility Grant Program • Spokane Transit Authority (STA) • Bus related street improvements • Community Development Block Grants (CDBG) • Low-Moderate Income area improvements • Washington Utilities and Transportation Commission (`NUTC) • Grade Crossing Protective Fund -6- The consultant shall also identify potential funding partners such as adjacent jurisdictions and/or private developers, economic developments, multi-modal components, etc. to compete well in grant competitions. It may also be beneficial to reprioritize projects based on this exercise. For the purposes of this Scope of Work it is assumed that funding proposals will be prepared for 40 projects with an average of 2-3* hours per project plus discussions with you and evaluations of agency program updates. Preliminary project scoping is also a product of this task. Task 6 - Six Year TIP Report - The consultant shall develop a Six Year TIP Report that consists of the list of prioritized projects divided into categories and phases (PE, RW, and CK), by year (based'ori available local match funds), by funding source, etc. City staff has presented previous TIP reports to Council using both a spreadsheet and database methods. The. consultant shalt review these two methods and recommend or develop an alternate method for easily creating, editing, and tracking projects and project status in the TIP. The TIP report shall consist of a list of prioritized projects The TIP report shall include all necessary. information for inclusion into the State Transportation Improvement Program (STIP) software. Task 7 - Grant Applications: It is anticipated that J-U-B will assist the City with the preparation of grant applications during the summer of 2006 to understand cul rent techniques used by the City and develop an understanding of current projects. It is anticipated that the .Spokane Regional Transportation Council will issue a Call for Projects for the'07-'09 biennium as a result of the recently passed federal transportation bill. It is also anticipated that the Transportation Impmvement Board (TIB) grant applications for the 2008 construction season----... wily be due at the end of August 2006. The consultant shall assist city staff prepare these, and other, grant applications. Grant applications vary but the general type of information and research required includes, but is not limited to: existing structural pavement condition, existing and proposed leVels of service (LOS), existing and proposed traffic volumes, system continuity, project funding, alternative mode accessibility, transportation concurrency, economic growth and development, urban accident analysis/annual benefit, public support/participation, environmental enhancements/ historical preservation, freight mobility, GMA information /support, etc. Usually it is not overly productive to submit an excessive number of projects applications for the same grant source, but rather to prepare applications for those projects that will compete the best - focus efforts on preparing good applications rather than many applications. For the purposes of this Scope of Work it is assumed that up to 15 grant applications will be prepared - 7 TIB, 3 Enhancement and 5 other Federal, State or local grants with an average of 1 man-day per application. Task 8 - Resources Report: A stand atone document will be prepared that identifies resources of the City of Spokane Valley that are used to prepare the annual Transportation Improvement Program. This report will identify data sources and methodologies for data collection and storage as well as the data evaluation and project prioritization processes developed as part of the development of the 2008 - 2013 TIP. This information will be conveyed in order for staff and elected officials to understand the level of effort that will be required to maintain the TIP on an annual basis. Recommendations for future regular traffic data collection updates will be made along with database maintenance, data evaluation and -7- project development for new projects identified in the future, along with project prioritization and report updates. A summary of the level of effort anticipated to accomplish these tasks from an equipment, staffing and budget perspective will be provided. Task 9 - Public Involvement: The consultant shall prepare for and attend one public open house to present project identified and receive feedback to assist in the prioritization process and ensure that all potential projects have been identified. Phase 3 - Street Master Plan Report The Consultant shall prepare a final Street Master Plan report that summarizes the efforts and conclusions developed under Phases 1 and 2. The report shalt include an overall summary of the existing conditions of the city's street network, the proposed steps to maintain the existing condition levels, recommendations on street capital projects and the development of the annual Six Year TIP, and recommendations on budgets and staffing levels to maintain these efforts. This task will also include incorporation of pertinent created maps and visual aids. SERVICES NOT TO BE PROVIDED BY J-U-B AS PART OF THIS AGREEMENT The Consultant will not provide the specific services detailed below: • Original traffic data collection. • Bridge condition inventory. • Sidewalk inventory. • Comprehensive traffic forecasting nor modeling for future conditions. (Existing SRTC modeling will be used.) ACORD - CERTIFICATE OF LIABILITY INSURANCE JVBE J OATE(MSVO2/06 D J-1rz~ 05/12 06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOj'- ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Hartwell Corporation - Cal HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Caldwell ID-83606 Phone: 208-459-1678 Fax:208-454-1114 INSURERS AFFORDING COVERAGE NAIC INSURED INSUR32A: Fireman Is Fund Ins Co INSURER 8: Liberty Insurance A XV) J-U-B Engineers, Inc. INS:aR[Lq C•, 250 S Beachwood Ave, Suite 201 IN';PERD: Boise ID 83709 NS1J2P. COVERAGES THE POLICIES OF INSURANCE LISTED 2ELO1W H VE BEEN ISSUED TO THE UJSUR_D WW ED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIRZEEMENT, TERM OR CONDITION OF ANY CMIrTRACT OR OTHER DOCUMENT MTH RESPECT TO WHICH THIS CERTIFICATE MAY 9E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SL13JECT TO ALL THE T ER S, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS S) OWN UAY HAVE BEEN REDUCED BY PAID Ca:"S. LTR XSRE TY?E OF INSURANCE POLICY NUMBER PATE (.MM1D DATE MMIDa LIMITS GENERAL LWBMTY EACH OCCLIRREN=- T 1, 0 0 0, 0 0 0 A X X OOMVERCIALCZENERALLIABILITY 147,X80846120 ~ 08/01/05 08/01/06 PREMISES cxururm) $ 100,000 CLAIMS MADE FX ] OCCLR MED E)(P (XY/ one Iersar.) $10,000 PtO SONAL & AOV N U RY $ 1,000-,000 GENERAL AAGREGA•TE $2,000,000 GENL AGGREGATE LIMIT APPLIES PEFt. PROOUCTs - COM/P10P AR"iC3 $2,000,000 POLICY FIZZ` IOC ALITOMOSILE L1ASKM cuNCN=D slnr~I.r L>w+rc $1,000,0A X WfAM 147,x80846120 08/01/05 08/01/06 (Eaeeedden) 00 ALL OVNED AUrOG - • E'COSLY INJURY = SCHEDLF EO ALROS (Per parson) H RZD AUTOS DCOILY LVJJRY $ NON-ON4ED AUTOS (Per eeddert) - - PROPERTY OA/MC£ _ (Per ~d&rt) GARAGE UAStLrrf I ALTO ONLY - EA ACCIDENT I $ • ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AZG $ EXCESSAJMBRELLA. LIABILITY EACH OCCUR C-j4M $4,000,000 A X:j OCCLP -10 -aMswzC- XA-U00076813799. 08/01/05 08/01/06 AGGREGATE $ L DEDLIUMLE _ RCIENTION $10,000 S WORKrzR3 COMPENSATION AND X TORY LR.1I'iS ER A EMPLOYERS LIABILITY WEC130933483 08/01/05 08/01/06 ILL. EACH ACCIDENT i 1000000 ANY PROPRIETOWARTHER/DC-amvE. - OFFICERrttiASE11 D(CLLCED? E -L. DISEASE - EA EMPLOYE $ 1000000 If yyeess elasafDe ec~]er SPECIAL P 20VIStoNS WOW E.L. DrSFAE - POLICY UMIT $1000000 OTHER B Professional Liab. P-7E297131-0106 04/02/06 04/02/07• Ea. Claim $7,000,000 $100,000 Deduct. Anil. Agg. $7,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I YEHICI S I EXCLUSIONS ADDED SY ENDORSEM6Mf I S>BCIAL PROVISIONS City of Spokane Valley is additional insured as required by contract and as provided by attached form CG7158 (12/03). CERTIFICATE HOLDER CANCELLATION S T'OKA-3 &IMLD ANY OF THE ABOVE CCSCRJ<rD PC'UCIES B= CANCMLED BEFORE THE EX.'L4AT10N City of Spokane valley DATE THEREOF, TICE ISSLITJG NSUREwR WILL :NDEAVORTO MAIL 30 DAYS'NRITTEN•' Christine Bainhridge 14DTOCE TO THE CERTIFICA..TE 3 ^ 4DER NAMEK) TO TH=_ LEFT, SW FALURE TO Do So SHAU', City Clerk Re?DSE1M3OEILIGATIONOR LIA5ILITY0iANYIQIDUPON THE NSUR=F7, RSACETTSOR 11707 E Sprague Ave, suite 106 Spokane Valley SdA 99206 REPRESEhTAITJ=S, A O REPRE G~1 l • CV_ ACORD 25 (20011013) © ACORD CORPORATION 1988 o IMPORTANT If the certificate holder is an ADDMONAL INSURED, the policy(ie_s) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and oondifions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certircate holder in rieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative of producer, and the certificate holder, nor does it affirmatively or negatively amend, extead or alter the coverage afforded by the policies listed thereon. ACORDZS-tzocuoai. MtdtiCover® - CG 71 58 12 03 Polio/ Atmendmertt(s) Conu•nercid General Liability Coverage Form Your Commercial General Liability Coverage Farm is (3) Coverage B does not apply to per- revised as follows: sonal -and advertising injury arising out of an offense committed before 1. Broadehed Named Insured you acquired or formed the organ- A. SECTION LI - WHO IS AN INSURED, ization. item 4., is replaced by the following: 13. SECTION H - WHO IS AN INSURED, the last paragraph, is replaced b'y the following: 4" Any organization that you own at the inception of this policy,-or newly acquire No person or organization is an insured with or form during the policy period, and respect to the conduct of any current or past over which you maintain during the pol- partnership, joint veature,•or limited liability icy period majority ownership or major- company that is not shown as a Named In- ity interest; will qualify as a Named cured in the Declarations. However, this does Insured if not apply to a.liinited liability company that mats all of the. conditions in Section II - a. Thcre• s; no other similar insurance Who Is An Insured, item 4., above. available to that organization; and 2. Additional Insured b. The first NarnM Insured shown in SECTION [I -WHO' IS AN INSURED, sub- the Declarations. has the responsi- sectious•2.e. is added as follows: bility of placing. insurance for that organization; and e. Any person or organization is included as -art additional insured, but only to the extent such c. That ij a nt7ation is incorporated or person or organization is held liable for oigaaiiied under the laws of the bodily injury, property dattiage of personal and United States of America. advertising inl'u o ry caused by your acts or However: omissions. With.rsspecf to the insurance aff forded to such insured, all of the following (1) Coverage under this provision 4 is additional provisions apply: ' afforded-only' until` the next occur- (t) You and such person or organization ring annual anniversary of the-'be- 1t'ave ageed in a written insured contract ginning of the policy prrioVsl own 'that such parson or, -organization be in the Declarations, or the esrd of the added as an additional irisur!d under this policy period, whichever is earlier; and policy; (2) The bodily injury, property darn:tge or (2) Coverage. A does not apply to bodily personal and advertising injury for which inju'y or' oroperfy damage that oc- said person or organization its held liable curved ' before' you icquirtd or occurs.subsequent• to the` execution of formed the oeganization; and such insured. con[ract; This Form must be attmlied to Change Endorsement %Yhen issued at-ter the poiicy is tvrittr-n. One of the Fireman's Fund Insursince Coaipanies as natn~d in Lhe poky ~l t sc_Tet ry President i CG7159 E2-O3 (nciud:s copyrighted material orlnturance servic= office, Inc. with its pumirsion: Page I of 6 (3) Thc'most we will pay is the lesser of baltalf of the additional insured at either the Limits of Insurance shown in the site of the covered operations, the Declarations or the limits of insur- has been completed; ante required by the insured contract; (c) Mich takes place after that portion (4) Such person or organization is an insured of.your svork out of which the injury only with respect to: or damage arises has been put to its intended use by any other person or (a) Their ownership, maintenance,. or organization other than another use of that part of the premises, or contractor or subcontractor engaged land, owned by, rented to, or leased in performing operations for a prin- to you, except such person or or- cipal as part of the same project; ganization is not an insured with re- spect to structural alterations, new (d) Which takes place after the expira- construction or decnoGtion opcr- tion of any equipment lease to ations performed by or an behalf of which (4)(d) above applies; such person or organiz3tion; (6) With mspcct to architects, engineers or (b) Your ongoing operations performed surveyors, coverage does not apply to for that insured; bodily injury, property damage or ps;r- sonal and advertising injury arising out (c) Their financial control of you, ex- of the rendering or failure to render any cept such persona or oroaruzat3on is professional services by or for you, in- not.an insured with respect to strut- eluding: tural alicrations, new construction or demolition operations performed (a)' The preparisig, approving, or failing by or on behalf of such person or to prepare or approve, maps, shop organization; drawings, opinions reports, surveys, field, orders, changq orders, or-draw- (d) The. maintenance', operation or use nags and specifications; by you of equipinent lcpsed to you by such person or o izzation; (b) Supervisory, inspection, architec- tural, or engineering services. (c) Operations performed by you or on your be rani and for which a state or However, if an Additional Insured cndorsemtatt is attached 'to * this policy that specifically names a political subdivision has issued a . : . • permit, provided _iuch operations are Person or or~°aniaation as. an insured, then this + suhsection 2.e. does not, apply to such person or 'not perfornird for such state or pol- orgaru2a4ion. ideal iubdivision, and are not in- cluded within the products-completed 3, Additional Insured- Vendors operations hazard; Unless the products-completed operations hazard (5) This insurance sloes not apply to bodily is ex-clutled from ihis•podicy, SLCTION It -WI-IC) injury, property darnage, personal and is AN INSUIt.ED, item 2.g. is added as follows: advertising injury, *occurrence or offense: g. Ary vendor of yours is included as an addi- (a) Which takes placc at a particular tional insured, but only v.ith respect to bodily premises after you cease to be' a injury or property damsge caused by your tenant of that premises; products which are distributed or sold in the regular course of the vendor's business, sub- (b) Which takes place after aIl work, in- jets to the following additional exclusions: cludi.ng materials, parts or equip- rnent furnished in conaectlon with (1) The insurance afforded the vendor does / such worts to be performed by or on not apply to: 4 CGIISS 12-03 Includes co&efitcd rnatuiai ar fro raoce Smicc Once, fne. w." its pmmis-ion, l ag6 2 of 6 (a) Bodily injury or property damage for . into, accompanying or coattaituno such 7 which the vendor is obligated to pay products. damages by reason of the assump- tion of liability in a contract or However, if an Additional Insured - Vendors agreement. This exclusion does not endorsement is attached to this poky that apply to liability for damages that specifically names a person or organization as the vendor would have in the ab- an insured, then this subsection 2.g. does not sence of the contract or agreement; apply to that person or organization. (b) Any express warranty unauthorized 4. Waiver of Subrogation by you; SECTION IV - COMMERCIAL GENERAL (c) Any'physical or chemical change in LIABILITY CONDITIONS, item 8:, is replaced the product made intentionally by by the following: the vendor; 8. Transfer of Rights of Recovery Against Oth- (d) Repackaging, unless unpacked solely ers to Us and Blanket Waiver of Subrogation ' for the purpose of inspection, dcrn- onstralion, testing, or the substi- a• if the insured has rights to recover all or ' tution, of parts under instructions part of any payment we have made under - from the manufacturer, and then re- this Coverage Part, those rights are packaged in the original container, transferred to us. The insured must do • clothing after the loss to impair those (e) Any. failure to make such in- rights., At our request, the insured will spections, adjustments, tests or ser_ bring suit or transfer those rights to us vicing as the vendor has agreed to and help us enforce them. make - or normally undertakes to make in the usual course of busi- b If required by a written insured contract f Hess, in connection with the distrib- executed prior to the occurrence or of- ution' or sale of the products; tense, we waive any right of recovery u,c may have against' arty person or organ- (f) Demonstration, installation, servic- ization•named in such insured contract, ing or repair operations, except such because of payments we u:ake for injury operations performed by the vendor or damage arising out of your operations in full compliance with the man- or your work for that person or organ- ufacturer's writt= instructions at tho rMtion• vendor's premises in connection S. Cancellation - 120 Days with the sale of the 'product; Common Policy Conditions endorsement IL0017, (g) Products which, after distribution A. Cancellation, item 2.b. is replaced by the fol- or sale by you, have been labeled or lowing. relabeled or used as a container, part or ia_aredi6it of any other thing or b. 120 days before the effective date of cancell - substance. by or for the vendor; or tion if we cancel for any other reason: (h) Bodily injury or-•property damage 6. Liberalization wising out of the liability of the SECTION 1V - COMMERCIAL GENERAL vendor for its own acts air oinissions LIA 1LITY CONDITIONS, the followin is ad- or those of its employees or anyone ded: g else acting on its behalf. (2) This insurance does not apply to any in- Liberalization sured person or organization frown whom If .we adopt a change in our forms or rules which you have acquired such products crany would broaden the coverage provided by any form ingredient, part or container, entering that is a part of this policy without an extra Cc7t5a 12.03 Includes copyrigh" maccriai of Innuantc savitrs OITce. Inc. with its permission. Page 3 .of 6 - - 1 J premium charge, the broader coverage will apply whip: rented to you. temporarily occu- to this policy. This extension is effective upon the pied by you with perrnission of the approval of such broader coverage in your state. owner, or managed by you under a writ- ten agee,^.ment with the owner; 7. Fire, Explosion, Sprinkler Leakage, or Lightning Legal Liability Coverage (c) That is insurance purchased by you to cover your liability as a tenant for A. SECTION I - COVERAGES, COVERAGE property damage to premises rented to A BODILY INJURY AND PROPERTY you, temporarily occupied by you with DAMAGE LIABILI I Y, 2. Exclusions, the the permission of the owner, or managed last paragraph, is replaced by the following: by you under a written agreement with Exclusions c. through n, do not apply to the owner; or damage by fire, explosion, sprirslsler leakage, D. SECTION Y - DEFINITIONS, 9. Insured or lightning to premises while: Contract, item a., is rcpiaced by the following: 1. Rented to you; a. A contract for a lease of premises. 2. Temporarily occupied by you with thW However, that portion of the coatiact for permission of the owner; or a lease of premises that indemnifies any person or organization for damage by 3. Managed by. you under a written agree- fire, explosion, sprinkler leakage, or meat with' the owner. lightning to premises while rented to you, temporarily occupied by you with per- A scparate limit 'of insurance applies to this mission of the owner, or managed by you coverage as described in Section III - LIMITS under a written agreement with the OF INSURANCE. owner; is not. an insured contract; B. SECTION III - LIMITS OF INSURANCE, 8. Non-Owned or Chartered Watercraft r item 6.', is replaced by the following: L SECTION I - COVERAGES, COVERAGE A 6. Subject to 5. above, the Danube to BODILY INJURY AND PROPERTY DAM: Premises Rented To You Limit •shown AGE LIABILITY, 2. Exclusions, item g. Aircraft, in the Declarations, for property damage Auto. Or Watercraft, item (2), is replaced by the to any one premises while rented to you, following: or in the case of damag by fire, explo- sion, sprinlder leakage, or lightning while (2) A watcreraft you do not own that is: rented to you, temporarily occupied by (a) Less than 51 feet long; and you with the permission of the owner, or managed by you under a written (b) Not bring used for public transportation agreement with the owner, is the greater or as a cornman earlier; of: 9. Chartered Aircraft a. $1,000,000 Any One Premises; or SECTION.I - COVERAGES, COVERAGB A b. The Damage To Premises Rented 130DILY INJURY AND PROPERTY DAM- To You Liinii shown in -the Dtda- AGE LIABILITY, 2. Exclusions, g. AL-craft, rations. Auto Or Watercraft, item (6), is added as follows: C. SECTION IV - COMMERCIAL GEN- (6j' An aircraft is which you have no ownership ERAI., LIABILITY CONDITIONS, 4. interest and that you have chartered with Other Insurance, b. Excess insurance, (1),i items (b) and {c), are replaced by the follow- 10. Coverage Territory - Broadened (b) That is lire, Explosion, Sprinkler Lcak- SECTION V - DEFINITIONS, item 4.a., is rt- age, or Lightning insurance for premises placed by the following: ocnsa rz-o3 - . lndudes capytigrited MZE-W of lan-rr..nce Se.-vi=es OMce, Inc. with iu pc:musion. ?age 4 of 6 a. The United Slates of America (including its haiury Liability Coverage applies. We do not territories and possessions), Puerto Rico, have to furnish these bonds. Canada, Bcrmuda, the Bahamas, The Cayman Islands, and the British Virgin Islands; d- M reasonable expenses incurred by the in- sured at our request to assist as in the inves- I 1. Personal and Advertising Injury - Contractual tigation or defense of the claim or suit, Unless personal and advertfsin; injury is excluded including substantiated loss of earniags up to from this policy the following applies: g50D a day because of time off from work. SECTION I - COVERAGES, COVE-RAGE B, 16. Duties in the Event of an Occurrence, Offense, 2. Exclusions, itein e., is deleted_ Claim, or Suit -Amended 12. Fellow Employee Coverage SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, items 2.a- and 2.b., SECTION fI - WHO IS AN INSURED, 2.a., are replaced with the following item (1) is replaced by the following a. You must see to it that we or any licensed (1) Personal and ,-dvertising injury: agent of ours are notified of a General Liability oewrrence or offense which may re- However, subsections (a); (b), (c) and (d.) of item sult in a claim 'as soon as practicable after it (1) remain unchanged- becomes known to: 13. Bodily injury Definition - Broadened "(I) You, if you are an individual; SECTION V - DEFINITIONS; 3. Bodily Injury (2) Your partner or member, if you nee a is replaced by the following: partnership or joint venture; Bodily injury means bodily injury, sickness, or di- (3) Your member, if you am a limited liabit- st ase sustain-,ii by a person including deatb or ity company; mental anguish resulting from any of then at any time. Mental anguish means any type of mental (4) Your executive officer if you are an or- or emotional illness or disease. ga.nization other than a partnership, joint venture or limited }lability company; or 14. Unintentional Failure to Disclose Hazards (5) Your authorized representative or insur- SECTION 1V - COiY MERCLkL CTENERAL ante manager. LIABILITY CONDITIONS, item 6. Representa- tions, the following is added: Knowledge of in occurrence or nffcnse by persons other than those listed above does not d. If you unintentionally fail to disclose* any ha- imply that those listed above also have such zards existing at the inceuticn date of this knowledge. policy, we will not deny coverage under this Coverage Foam because of such failure, b_ To the extent possible, notice should include: However, this provision does not affect our (1) How, when, and where the occurrence right to collect additional premium or exercise or offense took place; our right of cancellation or non-renewal. (2) The names and addresses of any injured IS. Supplementary Payments - Increased Limits persons and witnesses; arid SECTION 1 - COVERAGFS, SUPPL EMEN- (3) The' nature and location of any injury TARY PAYMENTS - COVERAGBS A AND Y -n' or B, items I.b. and I A., are replaced by the follow- damage arising out of the occurrence or offense. ing: b. The cost of bail bonds required because of 17. Nan Employment Discrimination Liability accidents or traffic law violations arising out Unless personal a.nd advertising. injury is excluded of the use of any veF;icle to which the Bodily from this policy the following applies: CG7158 12.03 Inefudes copyrighted nateraf or Insairancc Services Office, Inc. M0% its punfssion. Page 5 of 6 A. SECTION V - DEFINITIONS, 14. Personal r. Fines, penalties, specific performance, or and advertising injury, item h. is added as fol- injunctions levied or imposed by a gov- lows: emmental entity, ,govrrnrnental code, law, or statute.because of discrimination. h. Discrimination. 18. Medical Payments B. SECTION V - DEFINITIONS, item 23. is added as follows: Unless COVERAGE C M13DICAL PAY- 23. or the products-completed operations 23. Discrimination means the unlawful treat- hazard has been excluded from this policy the fot- ment of a p:rson or class of persons be- lowing applies: cause of their specific race, color, religion, gender, age, or national origin is coal- A. SECTION I - COVERAGES, COVERAGE parisan to one or more persons who are C MEDICAL PAY-N-M NITS, 2. Exclusions, not members of the specified class. item f., is replaced by the following: C. SEMON I - COVERAGES, COVERAGE f. Products-Completed Operations Hazard 13 PERSONAL: AND ADVERTISTNIG INJURY LIABILITY, 2. Exclusions, the Included within the products-completed added: operations hazard. However, this exclu- following are sion does not apply to expenses for den- s. Discrimination directly or indirectly re- tal services. latcd to the past employment, eoiploy- went or prospective employment of any B. Section I - COVERAGES, COVERAGE C person or class of persons by any insured; MEDICAL PAYMENTS, is amended to in- clude item 3. as follows: p. Discrimination directly- or indirectly re- lated to the sale, rental, lease or sublease 3. Limit of Insurance ~J or prospective sale, rental, lease or sub- The Medical Expense Limit of Insurance \ lease of any dwelling,•peraiamrnt lodge, shall be the gre ter'of: or premises by or at the directidn of any insured; a. $10,000 Any One Person; or q. • Discriminatioa, if insurance thereof is b. The amount shown in the Daelaia- pnohibited by law; or tions. i- - CG7153 12.03 2nduZes copyrir}ded matuiial or lruwnnec Services Office, Ine_ with its pcmunfon, Page 6 of 6 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 10, 2006 City Manager Sign-off: Item: Check all that apply: ❑ consent [I old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE : 2007 CDBG Program - Potential CDBG Projects GOVERNING LEGISLATION: Federal Department of Housing and Urban Development (HUD) PREVIOUS COUNCIL ACTION TAKEN: Informational Memorandum included in the September 26, 2006 Council Packets. BACKGROUND: Spokane County has estimated for planning purposes only, that the County will receive $1,500,000 in CDBG funding for the 2007 program year. There are statutory limits on the administration and planning allocation of 20% of new funds or approximately $300,000. Also limited by statute is the human service allocation at 15% of available funds or approximately $225,000. Both the 20% for administration and 15% for human service programs 1. (approximately $525,000) are deducted from the estimated $1.5 million available for the 2007 program year, resulting in approximately $975,000 available for capital projects. City staff met on September 28'" to identify potential projects that would qualify for CDBG funding. The following list of projects is preliminary based on city staff's evaluation of CDBG eligible projects. Preliminary cost estimates are currently being developed and will be brought forward to the Council at the October 10'h meeting. 1. Spaldings Sewer Project - Full width paving 2. Grandview Acres Sewer Project - Full width paving 3. Trentwood Sewer Project - Full width paving OPTIONS: Identify other potential projects for consideration. RECOMMENDED ACTION OR MOTION: Provide staff direction in preparing for the scheduled public hearing on October 24, 2006. BUDGET/FINANCIAL IMPACTS: Undetermined at this time. STAFF CONTACT: Greg McCormick, AICP - Planning Division Manager ATTACHMENTS: None. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 10, 2006 Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑X admin. report ❑ pending legislation AGENDA ITEM TITLE: Administrative Report: Uniform Development Code Titles 17 General Provisions (aka Title 11); and Title 18: Boards & Authorities (aka Title 12). GOVERNING LEGISLATION: RCW 36.70, WAC 365-195-800 et seq. PREVIOUS COUNCIUCOMMISSION ACTION TAKEN: The 2006-2026 Comprehensive Plan was adopted on April 25, 2006 and effective on May 10, 2006. Council received information concerning the proposed process on July 11, 2006. The Planning Commission conducted a public hearing on both Title 17 and Title 18 on September 28, 2006, and recommended approval. BACKGROUND: The City has one year to adopt regulations implementing the Comprehensive Plan. These regulations will be incorporated into the Spokane Valley Uniform Development Code, including a wide range of regulations, some of which the City Council has seen in the past. These regulations are subject to the same requirements for early, continuous and collaborative public participation as the Comprehensive Plan. Title 17 General Provisions. This Title includes generally applicable rules of construction and interpretation. An extremely important part of this section are those rules affecting the application procedures for various types of permit. The four different types of application relate to the manner in which they are processed: Type I application are approved administratively and include actions such as boundary line adjustments and temporary use permits; Type II permits include short subdivisions and binding sites plans, which are also approved administratively; Type III permits include site-specific zoning which require a public hearing before the Hearing Examiner, while Type IV permits include those which require the approval of the City Council. This section relates to process and the requirements for notice and hearing. Provision is made for appeals of the decisions of both administrative determinations, the Hearing Examiner and the City Council. Finally, this Title includes provisions for compliance and enforcement which have been °tweaked" but remain fundamentally unchanged. Title 18 - Administration. This Title includes primarily the duties and responsibilities of the Planning Commission, the Hearing Examiner, the Community Development and Public Works Directors, and the Building Official. It does not includes the Rules of Procedure adopted by either the Planning Commission or the Hearing Examiner. Both Titles were submitted to the Community Trade & Economic Development Department (CTED) on June 21, 2006, not less than sixty days prior to final adoption by the City Council. A threshold determination under the State Environmental Policy Act (SEPA) as a non-project action was submitted the same day, with a comment period extending through August 22, 2006. Administrative Report UDC Title 17 General Provisions and Title 18 Administration Page 2of2 OPTIONS: Provide staff with direction, schedule for further discussion or take no action. RECOMMENDED ACTION OR MOTION: Provide staff with direction. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Greg McCormick, Planning Manager Mike Connelly, City Attorney ATTACHMENTS: Draft Regulations Public Hearing Draft Title 17 Uniform Development Code OK Title 17 GENERAL PROVISIONS 17.05 Authority 17.05.010 The City of Spokane Valley (hereafter referred to as 'the City") adopts Spokane Valley Municipal Code (SVMC) Titles 17-25 as the City of Spokane Valley Uniform Development Code (UDC) pursuant to RCW 35A.11.020 and RCW 35A.14.140 and further in compliance with RCW 36.70A (the Growth Management Act) and WAC Sections 365-195-800 through 365-195-865. 17.10 Purpose 17.10.010 These regulations have been established in accordance with the Comprehensive Plan for the purpose of promoting the health, safety, general welfare and protection of the environment of the City. They have been designed to reduce traffic congestion; to reduce the threat of fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; to safeguard community character; to encourage land uses in areas suitable for particular uses; to conserve the value of property; and to encourage the most appropriate use of land throughout the City. 17.15 Application, Violation, and Penalty 17.15.010 All development and use of land within the corporate limits of the City shall conform to all of the requirements of this code, unless specifically exempted herein or by the operation of law. All violations of this title are hereby determined to be detrimental to the general public health, safety and welfare and are hereby declared public nuisances. Further, any person who willfully or knowingly causes, aids, or abets a violation pursuant to this article by any act of commission or omission is guilty of a misdemeanor. Upon conviction, the person shall be punished by a fine not to exceed $1,000 and/or incarceration for a term not to exceed 90 days. Each week (seven consecutive days) such violation continues shall be considered a separate misdemeanor offense. 17.20 Rules of Construction 17.20.010 General All provisions, terms, phrases, and expressions contained in this code shall be construed to implement the intent and meaning of the City Council. Page 1 of 43 Public Hearing Draft Title 17 Uniform Development Code OK 17.20.020 Specific 1. Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day. Although, if the defined period of time would expire on a Saturday, Sunday, or legal holiday, then the time period is extended until the end of the next day that is not a Saturday, Sunday, or legal holiday. In the computation of time the standard calendar shall be used. The following time-related words shall have the meanings ascribed below. a. 'Day" means a calendar day, unless working day is specified. b. 'Week" means seven (7) calendar days. c. "Month" means a calendar month. d. 'Year" means a calendar year. 2. Coniunctions. Unless the context clearly indicates to the contrary, conjunctions shall be interpreted as follows: a. 'And" indicates that all connected items, conditions, provisions or events shall apply. b. aOr" indicates that one or more of the connected items, conditions, provisions or events shall apply. c. 'Either or" indicates that the connected items, conditions, provisions, or events shall apply singularly but not in combination. 3. Delegation of authority. Whenever a provision appears requiring the head of a department or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate, and authorize subordinates to perform the required act or duty, unless the terms of the provision or section specify otherwise. 4. Non-technical and technical words. Words and phases shall be construed according to the common and approved usage of the language, but technical words and phases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. 5. Number. A word indicating the singular number may extend and be applied to several persons and things. The use of the plural number shall be deemed to include any single person or thing, unless the context clearly indicates the contrary. 6. Public officials, bodies and agencies. All public officials, bodies, and agencies to which reference is made are those of the City, unless otherwise indicated. 7. Shall and may. The word shall" is always mandatory and not discretionary. The word 'may" is permissive. Page 2 of 43 Public Hearing Draft Title 17 Uniform Development Code OK 8. Tense. Words used in the past or present tense include the future as well as "f the past or present, unless the context clearly indicates the contrary. 9. Text. In case of any difference of meaning or implication between the text of this code and any illustration or figure, the text shall control. 17.25 Code Interpretation 17.25.010 Interpretation of Development Code Any person may request a formal interpretation of a provision of the development code, zoning map, arterial road map, prior conditions of approval, or prior administrative interpretations. The interpretation shall be made by the Community Development Director (hereafter referred to as "the Director°). The Community Development Department (hereafter referred to as "the Department") shall maintain a file of all written interpretations. 17.25.020 Appeal of Administrative Interpretation This formal interpretation may be appealed pursuant to the provisions of chapter SVMC 17.50 of this code. 17.30 Consistency with Comprehensive Plan 17.30.010 The regulations of this code are intended to implement the City's official Comprehensive Plan, and as such may be amended from time to time. A copy of the plan shall be kept in the office of the City Clerk, and it shall be available for public inspection during regular business hours or on the City's website. Applications for rezoning any land use action shall be consistent with the Comprehensive Plan. 17.35 Severability The sections, paragraphs, sentences, clauses, and phrases of this chapter are severable; and if any phrase, clause, sentence, paragraph, or section of this chapter shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this code. 17.40 Permit Processing Procedures 17.40.010 Purpose and Applicability 1. Purpose. The purpose of this chapter is to establish standardized decision- making procedures for reviewing development and land use applications within the City. This chapter is intended to: Page 3 of 43 Public Hearing Draft Title 17 Uniform Development Code OK a. Assure prompt review of development applications; b. Provide for necessary public review and comment on development applications; c. Minimize adverse impacts on surrounding land uses; d. Encourage flexibility and innovation in the design and layout of development proposals; and e. Ensure consistency with the Comprehensive Plan and development regulations. 2. Applicability. This chapter applies to all development applications identified in SVMC. 17.40.020 Types of Development Applications 1. Land Use and development applications will be classified, as follows: a. Type I procedures apply to permits and decisions issued administratively. b. Type II procedures apply to administrative actions that contain some discretionary criteria. c. Type III procedures apply to' quasi-judicial permits and actions that contain discretionary approval criteria.` d. Type IV procedures apply,, to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy. e. Exempt applications defined below in SVMC 17.40.040. 17.40.030 Assignment of Development Application Classification 1. Assignment by Table. Land use and development applications shall be classified pursuant to the following table. Table 17.40-1 Type Land Use and Development Application Cross Reference - SVMC Chapter Accessory Dwelling Units 19.110 Administrative Determinations by community development director, public 17.25 works director, or building official. Administrative Exception 19.60 • I Administrative interpretation 17.25.010 Boundary Line Adjustments and Eliminations 20.80 Home Profession Permit 19.110 Page 4 of 43 Public Hearing Draft Title 17 Uniform Development Code OK Type Land Use and Development Application Cross Reference - SVMC Chapter Shoreline Permit Exemption (dock permit) 21.50 Site Plan Review 19.65 Temporary Use Permit 19.600 Time Extensions for preliminary plat, short plat or binding site plan 20.10.060 Flo-odplain development 21.30 Building Permits not subject to SEPA Grading Permits 24.1OD Binding Site Plan - Preliminary and Final 20.60 Binding Site Plan - Change of Conditions 20.60 Wireless Communication Facilities ?2.120 Subdivision - Final I I Plat Alterations - Final 20.60 SEPA Threshold Determination 21.20 Preliminary Short Plat, Plat, Binding Site Plan - Change of Conditions Short Subdivision - Preliminary and Final 20.20 Conditional Use Permits 19.700 Shoreline Conditional Use Permit 121.50 Shoreline Substantial Development Permit 21.50 III Shoreline Variance 21.50 Subdivisions - Preliminary 20.20 Variance 19.900 Zoning Map Amendments (site specift rezones) 17.44.160 Annual Comprehensive Plan Amendments (text andlor map) 117.40.160 IV Area-wide Zoning Map Amendments 17.40.160 Development Code Text Amendments 17.40.160 2. Assignment by Director: Land use and development applications not defined in SVMC Table17.40-1 above shall be assigned a type by the Director, unless exempt under SVMC 17.40.040. When one or more procedure may be appropriate, the process providing the greatest opportunity for public notice shall be followed. 17.40.040 Exempt Activities 1. Exemptions. Unless specified elsewhere in this title, the following development activities are exempt from the procedural requirements of this chapter: a. Normal or emergency repair or maintenance of public or private buildings, structures, landscaping, or utilities. b. A change of any legally-established use is exempt; unless the change of use requires: Page 5 of 43 Public Hearing Draft Title 17 Uniform Development Code OK i. An increase in the number of parking spaces provided, ii. A conditional use permit under SVMC 19.80, iii. A site plan approval under SVMC 19.65, or iv. Review by SEPA. c. Final subdivisions, short subdivisions, and binding site plans. d. Building permits that are not subject to SEPA. e. On-site utility permits not obtained in conjunction with a specific development application, including but not limited to sewer hook-ups, water hook-ups, right-of-way permits,,and fire department permits. f. Sign permits. g. Interior remodeling and tenant improvements unless site plan review is required under SVMC 19.65. 2. Other Requlations. Applications exempt under this section remain subject to all other applicable standards and requirements of the SVMC. 17.40.050 Development Application Requirements 1. Application forms. All applications' shall be made on forms provided by the Department. The Director shall have authority to modify application materials. 2. Submittal information. All applications shall include the information required in applicable provisions of this code as identified in SVMC Table 17.40-1 and \otlier additional information required by the Department. 3. Fees. Fees as required by SVMC 17.70. 17.40.060 Final Decision Authority The final decision for application type shall be made by: 1. Type I -the Department. 2. Type 11- the Department. 3. Type III -the Hearing Examiner. 4. Type IV - the City Council preceded by a recommendation by Planning Commission. 17.40.070 Required Application Procedures Page 6 of 43 Public Hearing Draft Title 17 Uniform Development Code OK The required procedures for Type I, II, and III applications are set forth in the following table. The specific procedures required for Type IV applications are set forth in SVMC 17.40.140 and 17.40.150. Table 17.40-2 Procedures for Develop ment A lications m O N U O Co o G Q m m qa Kt Application N o YYPe $c~ Yern oco o°-° o~N 0P co CL a) Co Ep U d C~ N G M,~ G c ~0~ y',~Q V Up U'Cp ~ Cc) Gtr u~ U mti IL Z Mr Zrn U_ C5 1 O X X NIA NIA X II O X X X NIA X III X X X X X X X Required O Optional NIA Not Applicable 17.40.080 Pre-Application Conference 1. Purpose. To provide City and other agency staff with a sufficient level of detail about the proposed development; to enable staff to advise the applicant of applicable approvals and requirements; to acquaint the applicant with the applicable requirements of the SVMC and other laws; and to identify issues and concerns in advance of a formal application. 2. Pre-application. Type II and III applicants shall schedule a pre-application conference and provide information requested in advance of the meeting. 3. Pre-application waivers. The director may waive the pre-application conference if determined that the proposal has few development-related issues, involves subsequent phases of an approved development, or is substantially similar to a prior proposal affecting substantially the same property. 17.40.090 Counter-Complete Determination 1. Determination and Application Content. Prior to accepting an application the Department shall determine whether the application is counter-complete. A counter-complete application shall contain all information requested in the applicable form. Review for counter-complete status does not include an evaluation of the substantive adequacy of the information in the application. 2. Incomplete application. If the Department determines that the application is not counter-complete, the application shall be rejected and the applicant advised of the information needed to complete the application. 3. Counter-complete application. Counter-complete applications shall be accepted for review for fully-complete determination. Page 7 of 43 Public Hearing Draft Title 17 Uniform Development Code OK 17.40.100 Fully-Complete Determination 1. Determination. Once a counter-complete application has been accepted, the Department shall, within 28 calendar days, provide a written determination delivered by mail or in person to the applicant that the application is fully- complete, or if incomplete a list of what is required to make the application complete. The names of agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application to the extent known by the City will be provided to the applicant. 2. Incomplete application. If the necessary information is not provided by the applicant within 60 days, the Department shall: a. Reject and return the application; or b. Issue a decision denying the application, based on a lack of information. The applicant may reinitiate the fully-complete review process without additional fees provided that the required information is provided by a date specified by the Department. c. The applicant may withdraw the application by submitting a request in writing and may be entitled to the ieturn of up to 80% of the fees submitted. ` 3. Fully-complete application. If the Department determines that any application is fully-complete, the Department shall, within 14 calendar days issue a notice of application pursuant to section SVMC 17.40.110. 4. Request for additional information. A fully-complete determination shall not preclude the City from requesting additional information, studies or changes to submitted information or plans if new information is required or substantial' changes to the proposal occur. 5.' Revocation: An application's fully-complete and vesting status may be revoked if the Department determines that the applicant intentionally submitted false information. 6. Within 14 calendar days after an applicant has submitted additional information identified by the City as necessary for a complete application, the City shall notify the applicant whether the application is complete or what additional information is necessary. 17.40.110 Notice of Application 1. Contents. Within 14 calendar days after an application is determined fully- complete, the Department shall issue a notice of application. a. All notices of applications shall include the following: i. The case file number(s), the date of application, and the date a fully complete application was filed; Page 8 of 43 Public Hearing Draft Title 17 Uniform Development Code OK r ii. A description of the proposed project and a list of project permits included with the application, as well as the identification of other permits not included in the application, to the extent known to the City; iii. The proposed SEPA Threshold Determination, if applicable. iv. The identification of any existing environmental documents that may be used to evaluate the proposed project; v. A statement of the public comment period; a statement that the public has the right to comment on the application, receive notice of the decision, and request a copy of the decision once made, and a statement of any appeal rights; vi. The name of the applicant or applicant's authorized representative and the name, address, and telephone number of a contact person for the applicant, if any; vii. A description of the site, including current zoning and nearest road intersections, sufficient to inform the reader of its location and zoning; viii. A map showing the subject property in relation to other properties or a reduced copy of the site plan; ix. The date, place, and times where information about the application may be examined and the name and telephone number of the City representative to contact about the application; x. Any additional information determined appropriate by the Department. b. In addition to the requirements listed in SVMC 17.40.110(1)(a), a Type II \ notice of application shall state: i. That failure of any party to address the relevant approval criteria with sufficient specificity may result in the denial of the application; ii. That all evidence relied upon by the Department to make the decision shall be contained within the record and is available for public review, and that copies can be obtained at a reasonable cost from the Department; iii. That after the comment period closes; the Department shall issue a Type II notice of decision. c. In addition to the requirements listed in SVMC 17.40.110(1)(a), a Type III application shall state: Page 9 of 43 Public Hearing Draft Title 17 Uniform Development Code OK i. That a staff report will be available for inspection at least seven days before the public hearing, and written comments may be submitted at any time prior to the closing of the record for the public hearing. 2. Distribution of Notice of Application. The notice of application shall be published in appropriate regional or neighborhood newspaper or trade journal and sent to the following persons by regular mail: a. The applicant b. All adjacent property owners of record as shown on the most recent property tax assessment roll; c. Any governmental agency entitled to notice; d. Any person filing a written request for a copy of the notice of application. 3. Type I exception. A notice of application is not required for Type I applications. 4. Comment Period. The Department shall allow 14 calendar days for Type II applications and 30 calendar days for Type III applications after the date the notice of application is mailed and posted on the subject property, for individuals to submit comments. Within seven calendar days after the close of the public comment period, the Department shall mail to the applicant a copy of written public comments, including email communications, timely received in response to the notice of application together with a statement that the applicant may submit a written response to these comments within 14 calendar days from the date the comments are mailed. The Department in making this decision shall consider written comments timely received in response to the notice of application and timely written responses to those comments, including e-mail communications, submitted by the applicant. 17.40.120 Notice of Public Hearing A public hearing is required for Type III applications. 1. Content of Notice of Public Hearing: Notices of public hearing shall contain the following information: a. The application and/or project number; b. Project summary/description of each project permit application; c. The designation of the hearing body; d. The date, time, and place of the hearing and a statement that the hearing will be conducted in accordance with the rules of procedure adopted by the hearing body; e. General project location, vicinity, address, and parcel number(s), if - applicable; Page 10 of 43 Public Hearing Draft Title 17 Uniform Development Code OK f. The name of the applicant or applicant's authorized representative and the name, address and telephone number of a contact person for the applicant, if any; g. The SEPA threshold determination or description thereof shall be contained in the notice, along with any appropriate statement regarding any shared or divided lead agency status and phased review and stating the end of any final comment period; h. A statement regarding the appeal process; and i. The date when the staff report will be available and the place and times where it can be reviewed. 2. Distribution of Notices of Public Hearing: Notices of public hearing shall be mailed, posted, and published at least fifteen (15) days prior to the hearing date and shall be distributed as follows: a. Notice by Mail: All property owners within three hundred (300) feet of the subject property by first class mail. Where any portion of the property abutting the subject property is owned, controlled, or under the option of the project property owner, then all property owners within three hundred (300) foot radius of the total ownership interest shall be notified by first class mail. Property owners are those shown on the most recent Spokane County Assessors/Treasurers database as obtained by the title company no more than thirty (30) calendar days prior to the scheduled public hearing. In addition, notice shall be sent to the fallowing: i. Agencies with jurisdiction (SEPA); ii. Municipal corporations or organization with which the City has executed an inter-local agreement; and iii. Other persons who the City determines may be affected by the proposed action or who requested such notice in writing. b. Notice by Sign: A sign a minimum of sixteen (16) square feet (4 feet in width by 4 feet in height) in area shall be posted by the applicant on the site along the most heavily traveled street adjacent to the subject property. The sign shall be provided by the applicant. The sign shall be constructed of material of sufficient weight and reasonable strength to withstand normal weather conditions. The sign shall be lettered and spaced as follows: i. A minimum of two (2) inch border on the top, sides, and bottom of the sign; ii. The first line in four (4) inch letters shall read NOTICE OF PUBLIC HEARING"; Page 11 of 43 Public Hearing Draft Title 17 Uniform Development Code OK iii. Spacing between all lines shall be a minimum of three (3) inches; and iv. The text of the sign shall include the following information in three (3) inch letters: 1. Proposal: 2. Applicant: 3. File Number: 4. Hearing: (date & time) 5. Location: 6. Review Authority: c. Notice by Publication: Publish one notice, in an appropriate regional or neighborhood newspaper or trade journal. 17.40.130 Final Decision 1. Timeline to Make Final Decision - Type I. The Department shall approve, approve with conditions, or deny a Type I application within 60 calendar days after the date the application was accepted as fully-complete, unless accompanied by a SEPA checklist. Time spent by the applicant to revise plans or provide additional studies or materials requested by the City shall not be included in the 60 day period. An applicant may agree in writing to extend the time in which the Department shall issue a decision. The Department's decision shall address all of the relevant approval criteri a applicable to the development _ application. 2. Timeline to Make Final Decision -Type II and 111. The final decision on a Type II and III application shall be made not more than 120 calendar days (90 days for subdivisions) after the date a fully-complete determination is made. This period shall not include: ti a. Time spent by the applicant to revise plans or provide additional studies or materials requested by the City. b. Time spent preparing an environmental impact statement. c. Time between submittal and resolution of an appeal. d. Any ektension of time mutually agreed upon by the applicant and the City in writing. 3. Contents of Final Decision. The final decision on Type II and III applications shall contain the following information: a. The nature of the application in sufficient detail to apprise persons entitled to notice of the applicant's proposal and of the decision; b. The address or other geographic description of the subject property, including a map of the site in relation to the surrounding area, where applicable; Page 12 of 43 Public Hearing Draft Title 17 Uniform Development Code OK C c. The date the decision shall become final, unless appealed; d. A statement that all persons who have standing under SVMC17.50 may appeal the decision; e. A statement in boldface type briefly explaining how an appeal can be filed, the deadline for filing such an appeal, and where further information can be obtained concerning the appeal; f. A statement that the complete case file, including findings, conclusions, decisions and conditions of approval, if any, is available for review. The notice of final decision shall list the place, days, and times where the case file is available and the name and telephone number of the City representative to contact about reviewing the case file; g. A statement of the facts demonstrating how the application does or does not comply with applicable approval criteria; h. A statement of the basis of decision pursuant to the SVMC and other applicable law; i. The reasons for a conclusion to approve, approve with conditions, or deny the application; j. The decision to approve or deny the application and, if approved, conditions of approval necessary to ensure the proposed development will comply with applicable law; and k. The date the final decision is mailed. 4. Notice of the Final Decision. All final decisions shall be sent by regular mail to the following: a. The applicant; b. Any governmental agency entitled to notice; c. Any person filing a written request for a copy of the notice of application or the final decision and d. Any person who testified at the hearing or who provided substantive written comments on the application during the public comment period and provided a mailing address. 17.40.140 Type IV Applications - Comprehensive Plan Amendments and Area- wide Rezones 1. Initiation. Comprehensive Plan Amendments and Area Wide Rezones may be initiated by any of the following: Page 13 of 43 Public Hearing Draft Title 17 Uniform Development Code OK a. Property owner(s) or their representatives; b. Any citizen, agency, neighborhood association, or other party; or c. The Department, Planning Commission, or City Council. 2. Applications. Applications shall be made on forms provide by the City. 3. Application Submittal: a. Applicant initiated: Comprehensive Plan Amendments and Area-Wide Rezones shall be subject to a pre-application conference, counter- complete, and fully-complete determinations pursuant to SVMC 17.40.080, 090, and 100. The date upon fully-complete determination shall be the date of registration with the Department. b. Non-applicant initiated: After "submittal of a non-applicant initiated application, the application shall be placed on the register. 4. Reqister of Comprehensive Plan Amendments and Area-wide Rezones. The Department shall establish and maintain a register of all applications. 5. Concurrent and Annual Review of Reqister. a. Sixty (60) days prior to November 1st in each calendar year, the City shall notify the public that the amendment process has begun. Notice shall be distributed as follows: i. Notice published in an appropriate regional or neighborhood newspaper or trade journal; ii. Notice posted on all City's official public notice boards; iii. Copy of the notice sent to all agencies, organizations, and adjacent jurisdictions with an interest. b. All registered applications shall be reviewed concurrently, on an annual basis and in a manner consistent with RCW 36.70A.130(2). Applications registered after November 1st of the previous calendar year and before November 1st of the current calendar year, shall be included in the annual review. Those registered after November 1st of the calendar year shall be placed on the register for review at the following annual review. c. Emergency Amendments: The city may review and amend the comprehensive plan when the city council determines that an emergency exists or in other circumstances as provided for by RCW 36.70A.130 (2)(a). The following shall constitute a basis for emergency amendments: i. Situations involving official, legal. or administrative actions. such as those to immediately avoid an imminent danger to public health Page 14 of 43 Public Hearing Draft Title 17 Uniform Development Code OK and safety, prevent imminent danger to public or private property or to l prevent an imminent threat of serious environmental degradation ii To address the absence of adequate and available public facilities or services; iii To resolve an appeal of the Comprehensive Plan filed with the Eastern Washington Growth Management Hearings Board or court or to comply with a decision of the Board or court or of a state agency or office or the State Legislature necessitating an emergency Comprehensive Plan amendment: or iv. Council confirmation of the Dirbctor's findinq of a conflict, inconsistency deficiency or other internal defect in the Comprehensive Plan that requires correction for clear, complete and consistent policy direction. 6. Notice of Public Hearing. Comprehensive Plan Amendments and Area-Wide Rezones require a public hearing before the Planning Commission. a. Contents of Notice. A notice of public hearing shall include the following: i. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision; ii. A statement of how the proposal would change the affected provision; iii. A statement of what areas, Comprehensive Plan designations, zones, or locations will be directly affected or changed by the proposal; iv. The date, time, and place of the public hearing; ~ v. A statement of the availability of the official file; and vi. A statement of the right of any person to submit written comments to the Planning Commission and to appear at the public hearing of the'Planning Commission to give oral comments on the proposal. b. Distribution of Notice. The Department shall distribute the notice pursuant to SVMC 17.40.120(2). 7. Planning Commission Recommendation. a. Procedure. Following the public hearing, the Planning Commission shall consider the applications concurrently, and shall prepare and forward a recommendation of proposed action for all applications to the City Council. The Planning Commission shall take one of the following actions: Page 15 of 43 Public Hearing Draft Title 17 Uniform Development Code OK i. If the Planning Commission determines that the proposal should be adopted, it may by a majority vote, recommend that the City Council adopt the proposal. The Planning Commission may make modifications to any proposal prior to recommending the proposal to City Council for adoption. If the modification is substantial, the Planning Commission must conduct a public hearing on the modified proposal. ii. If the Planning Commission determines that the proposal should not be adopted, it may, by a majority vote, recommend that the City Council not adopt the proposal. iii. If the Planning Commission is unable to take either of the actions specified in subsections (i) or (ii) above, the proposal will be sent to City Council with the notation that the Planning Commission makes no recommendation. 8. Approval Criteria a. The City may approve Comprehensive Plan Amendments and Area- Wide Zone Map Amendments if it finds that: i. The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment; ii. The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the City's adopted plan not affected by the amendment; < iii. The proposed amendment responds to a substantial change in conditions beyond the property owner's control applicable to the area within which the subject property lies; iv. The proposed amendment corrects an obvious mapping error; and v. The proposed amendment addresses an identified deficiency in the Comprehensive Plan. b. The City must also consider the following factors prior to approving Comprehensive Plan Amendments: i. The effect upon the physical environment; ii. The effect on open space, streams, rivers, and lakes; iii. The compatibility with and impact on adjacent land uses and surrounding neighborhoods; iv. The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools; Page 16 of 43 Public Hearing Draft Title 17 Uniform Development Code OK 1 v. The benefit to the neighborhood, City, and region; vi. The quantity and location of land planned for the proposed land use type and density and the demand for such land; vii. The current and projected population density in the area; and viii. The effect upon other aspects of the Comprehensive Plan. 9. City Council Action. Within sixty (60) days of receipt of the Planning Commission's findings and recommendations, the City Council shall consider the findings and recommendations of the commission concerning the application and may hold a public hearing pursuant to council rules., The Department shall distribute notice of the council's public hearing pursuant to SVMC 17.40.120(2). All annual amendments to the Comprehensive Plan shall be considered concurrently. By a majority vote of its membership, the City Council shall: a. Approve the application; b. Disapprove the application; c. Modify the application. If the modification is substantial, the council must - either conduct a public hearing on the modified proposal; or i d. Refer the proposal back to the Planning Commission for further consideration. 10. Transmittal to the State of Washington. At least sixty (60) days prior to final action being taken by the City Council, the Washington State Department of Community, Trade and Economic Development (CTED) shall be provided with a copy of the amendments in order to initiate the 60 (sixty) day comment period. No later than ten (10) days after adoption of the proposal, a copy of the final decision shall be forwarded to CTED. 17.40.150 Type IV Applications- Text Amendments to the Uniform Development Code 1. Initiation. Text amendments to this code may be initiated by any of the following: a. Property owner(s) or their representatives; b. Any citizen, agency, neighborhood association, or other party; or c. The Department, Planning Commission, or City Council. 2. Applications. Applications shall be made on forms provided by the City. 3. Application Submittal: Page 17 of 43 Public Hearing Draft Title 17 Uniform Development Code OK a. After submittal of an applicant initiated application, the application shall be subject to a pre-application conference, counter-complete, and fully- complete determination pursuant to SVMC 17.40.080, 090, and 100. b. After submittal, the application shall be placed on the next available Planning Commission agenda. 4. Notice of Public Hearing. Amendments to this code require a public hearing before the Planning Commission. a. Contents of Notice. A notice of public hearing shall including the following: i. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision; ii. A statement of how the proposal would change the affected provision; iii. The date, time, and place of the public hearing; iv. A statement of the availability of the official file; and v. A statement of the right of any person to submit written comments to the Planning` Commission and to appear at the public hearing of the Planning Commission to give oral comments on the proposal. b. Distribution of Notice. The Department shall distribute the notice pursuant to SVMC 17.40.120(2). 5. Planning Commission Recommendation, a. Procedure. Following the public hearing, the Planning Commission shall consider the proposal and shall prepare and forward a recommendation to the City Council. The Planning Commission shall take one of the following actions: i. If the Planning Commission determines that the proposal should be adopted, it may by a majority vote, recommend that the City Council adopt the proposal. The Planning Commission may make modifications to any proposal prior to recommending the proposal to City Council for adoption. If the modification is substantial, the Planning Commission must conduct a public hearing on the modified proposal ii. If the Planning Commission determines that the proposal should not be adopted, it may, by a majority vote, recommend that the City Council not adopt the proposal. iii. If the Planning Commission is unable to take either of the actions specified in subsections (i) or (ii) above, the proposal will be sent Page 18 of 43 Public Hearing Draft Title 17 Uniform Development Code CK -1 to City Council with the notation that the Planning Commission makes no recommendation. 6. Approval Criteria. The City may approve amendments to this code if it finds that: a. The proposed amendment is consistent with the applicable provisions of the Comprehensive Plan; and b. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment. 7. City Council Action. Within sixty (60) days of receipt of the Planning Commission's findings and recommendations, the City Council shall consider the findings and recommendations of the commission concerning the application and may hold a public hearing pursuant to council rules. The Department shall distribute notice of the council's public hearing pursuant to SVMC 17.40.120(2). By a majority vote, the City Council shall: a. Approve the application; b. Disapprove the application; c. Modify the application. If modification is substantial, the Council must either conduct a public hearing on the modified proposal; or; c d. Refer the proposal back to the Planning Commission for further consideration. 8. Transmittal to the State of Washington. At least 60 (sixty) days prior to final action being taken by the City Council, the Washington State Department of Community, Trade and Economic Development (CTED) shall be provided with a copy of the amendments in order to initiate the 60 (sixty) day comment period. No later than ten (10) days after adoption of the proposal, a copy of the final decision shall be forwarded to CTED. 17.40.160 Optional Consolidated Review Process 1. Optional Consolidated Review Process. This optional process provides for the consideration of all discretionary land use, engineering, and environmental permits issued by the City if requested in writing from the applicant. Permit decisions of other agencies are not included in this process; but public meetings and hearings for other agencies may be coordinated with those of the City. Where multiple approvals are required for a single project, the optional consolidated review process is composed of the following: a. Pre-application Meeting. A single pre-application meeting will be conducted for all applications submitted under the optional consolidated review process. Page 19 of 43 Public Hearing Draft Title 17 Uniform Development Code OK b. Determination of Completeness. When a consolidated application is deemed complete a consolidated determination of completeness will be made pursuant to SVMC 17.40.100. c. Notice of Application. When a consolidated application is deemed complete, a consolidated notice of application will be issued pursuant to the provisions of SVMC 17.40.110. d. Comment Period. The consolidated application shall provide for one comment period for all permits included in the consolidated application. e. The City will issue a decision(s) for Type I or Type II permits prior to scheduling a public hearing for any companion Type III permit. Appeals of administrative permits that are part of a consolidated application will be heard in a single, consolidated open-record appeal hearing before the Hearing Examiner on the same agenda as the companion Type III application. f. Notice of Public Hearing. A single notice of public hearing will be provided for consolidated permit .applications. The notice will include the Type III permit to be heard and any open record appeals of administrative portions of the consolid ted application. g. Notice of Decision. The Hearing Examiner shall issue a single notice of decision regarding all Type I and Type II appeals and all Type I11 project permit applications subject to a public hearing. 17.50 Appeals 17.50.010 General 1. Appeals and Jurisdiction. All final decisions shall be appealed to the authority set forth in SVMC Table 17.50-1 below. Specific procedures followed by the r Planning Commission, Hearing Examiner, and City Council are set forth in Appendix B. Table 17.50-1 Decision/Appeal Authority Land Use and Development Decisions Appeal Authority Type I and II Decisions Hearing Examiner (SVMC 17.50.030); further appeal to Superior Court (RCW 36.70C) Building Permits Hearing Examiner (SVMC 17.50.030); further. appeal to Superior Court (RCW 36.70C) Type III decisions except zoning map Superior Court (RCW 36.70C) amendments Type III zoning map amendments City Council (SVMC 17.50.060);further appeal to Superior Court (RCW 36.70C) Type IV decisions Superior Court Matters subject to review pursuant to Growth management hearing board RCW 36.70A.020 Page 20 of 43 Public Hearing Draft Title 17 Uniform Development Code OK Land Use and Development Decisions Appeal Authority Shoreline development permits Shoreline Hearings Board (RCw 90.58.180) Compliance and enforcement decisions Appeal Authority: (SVMC 17.60): Notice and order of violation Hearing Examiner (SVMC 117.50.430); further appeal to Superior Court 17.50.020 Effective Date of Final Decisions 1. Type I final decisions and building permits become effective on the day after the appeal period expires unless an appeal is filed, in which case the procedures of SVMC 17.50 shall apply. The applicant and owner have the right to waive their appeal rights, and in such cases where a waiver is submitted in writing to the Department, the Type I decision is considered final on the day it is signed by the Director or designee or on the day the waiver is approved, whichever is later, unless a party other than the applicant owner has standing to appeal. 2. Type II, III, and IV final decisions become effective on the day after the appeal period expires, unless an appeal is filed, in which case the procedures of SVtMC 17.50 shall apply. 17.50.030 Standing 1. Type I decision. The following parties have standing to appeal a Type decision: a. The applicant and the owner of the property to whom the decision is directed; and b. The adjacent property owners whose interest are a required part of the application approval. 2. Type II decision. The following parties have standing to appeal a Type II decision: a. The applicant and owner of the property to whom the decision is \ directed; b. Any party for whom written notice is required; c. Any other party who participates in the decision process through the submittal of substantive written comments. 3. Type III decision. The following parties have standing to appeal a Type III decision: a. The applicant and the owner of the property to whom the decision is directed; b. Any other person aggrieved or adversely affected by the decision, or who would be aggrieved or adversely affected by a reversal or modification of the decision. A person is aggrieved or adversely affected within the Page 21 of 43 Public Hearing Draft Title 17 Uniform Development Code OK meaning of these rules only when all of the following conditions are present: i. The decision has prejudiced or is likely to prejudice that person; ii. That person's asserted interests are among those that the Hearing Examiner was required to consider when the decision was made; iii. A reversal or modification of the decision in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the decision; and iv. The appellant has exhausted his or her administrative remedies by being a party of record to the decision below. A "party of record" means a person who appeared at the public hearing held by the Hearing Examiner, or who submitted substantive written comments in the matter prior to the closing of the record for the hearing. c. The Director. 4. Type IV Decisions. Type IV decisions are legislative decisions and may be appealed to the Growth Management Hearings Board or a court of competent jurisdiction as allowed by law. 5. Compliance and enforcement decisions. The following parties have standing to appeal a compliance and enforcement decision: a. The party or owner of property subject to an appeal. b. The complainant if a written request is made to be notified of the City's response to the complaint filed by the complainant. 17.50.040 Time for and Contents of an Appeal to the Hearing Examiner 1. Appeal to Hearing Examiner. Any appeal to the Hearing Examiner must be received no later than 14 calendar days after written notice of the decision is mailed. Receipt of a complete appeal submittal shall stay the original decision until a final decision on the appeal has been reached. The appeal shall include: a. The case number designated by the City and the name of the applicant; b. The name and signature of each petitioner or their authorized representative and a statement showing that each petitioner has standing to file the appeal under this chapter. If multiple parties file a single petition for review, the petition shall designate one party as the contact representative; c. The specific decision and specific portions of . the decision or determination being appealed, and the specific reasons why each aspect is in error as a matter of fact or law; Page 22 of 43 Public Hearing Draft Title 17 Uniform Development Code O d. Evidence that the specific issues raised on appeal were raised during the period in which the record was open, and e. The appeal fee as identified in 1fM 17.70. The fee may be refunded eithef wholly or partially only if the appellant requests withdrawal of the appeal in writing at least 14 calendar days before the scheduled appeal hearing date. 17.50.050 Appeal Review Process for Hearing Examiner 1. Appeal Review Process. a_ All complete appeals submitted and allowed pursuant to these rules shall be scheduled for review at a public hearing before the Hearing Examiner within. 90 calendar days from the date of submission. Further extensions are permitted upon rnufual' agreement of the appellant, the applicant, and the Department. b. Notice of the appeal nearing shall be mailed to the applicant and the appellant, if different than the applicant.' 17.50.060 Hearing Examiner Appeal Hearing Prok6d.ures 1. Hearinq Procedures. All appeals to the Hearing Ekarniner shall be conducted in the manner set forth in Appendix B. , Scheduling of Hearings. a. The Department, in coordination with the Hearing Examiner, shall prepare an official agenda indicating the dates and times that matters will be: heard. The offtieI agenda shall comply with all time limits set forth in,R VV 36,70-110- lb- Vvhe'n practical, minor applications such as a variance or matters that take less time 'shall be heard at the beginning of the day's agenda. c. The Hearing E atginer may consolidate applications involving the same or related properties for hearing. 3_ Notice of Hearih -Effect of Notice. a, Each public notice required for the hearing of an application shall conform to applicable statutory and ordinance requirements, The notice should contain a statement that the hearing will be conducted in the manner set forth in Appendix B. b. Failure of a person entitled to notice to receive notice does not affect the jurisdiction of the Hearing Examiner to hear the application when scheduled and reader a decision, if the notice was properly mailed and posted, Page 23 of 43 Public Hearing Draft Title 17 Uniform Development Code OK c. A person is deemed to have received notice if the person appears at the hearing, or submits written comments on the merits of the application, and the person fails to object to the lack of notice promptly after the person obtains actual knowledge of the hearing date. d. If required notice is not given and actual notice is not received, the Hearing Examiner may reschedule the hearing or keep the record open on the matter to receive additional evidence. 4. Staff Reports on Applications a. The Department shall coordinate and assemble the comments and recommendations of other City departments and commenting agencies, and shall make a written staff report to the Hearing Examiner on all applications. b. At least seven calendar days prior to the date of the scheduled public hearing, the staff report shall be filed with the office of the Hearing Examiner and mailed by first class mail or provided to the applicant. At such time, the Department shall also make the report available for public inspection. Upon request, the Department shall provide or mail a copy of the report to any requesting person for the cost of reproduction and mailing. c. If the staff report is not timely filed or furnished, the Hearing Examiner may at hislher discretion continue the hearing, considering the prejudice to any party and the circumstances of the case. d. The Hearing Examiner may make recommendations to the Department on the format and content` of staff reports submitted to the Hearing Examiner. 5.' Site Inspections. i a. The Hearing Examiner may make site inspections, which may occur at any time after the staff report on an application has been filed with the Hearing Examiner and before the examiner renders a final decision. The Hearing Examiner need not give notice of the intention to make an inspection. b. The inspection and the information obtained from it shall not be construed as new evidence or evidence outside the record. If an inspection reveals new and unanticipated information, the Hearing Examiner may upon notice to all parties of record request written response to such information or reopen the hearing to consider the information. 17.50.070 Time for and contents of an Appeal to the City Council All appeals to the City Council shall be closed record appeals and shall follow the procedures and conduct as set forth below: Page 24 of 43 Public Hearing Draft Title 17 Uniform Development Code OK C11 1. Appeals of the Hearing Examiners decision to the City Council must be: a. Filed with the City Clerk within fourteen (14) calendar days from the date the final decision of the Hearing Examiner was mailed; b. Accompanied by the appeal fee identified by SVMC 17.70; c. Accompanied by the separate transcript/record deposit fee identified by SVMC 17.70; and d. Submitted on a form obtained from the City Clerk. 2. The appeal form submitted by the appellant shall contain the following information: a. The file number and a copy of the decision; b. The name and mailing address of the appellant, the name and mailing address of the appellant's attorney, if any, and the name of the applicant if different than the appellant; c. Facts demonstrating that the appellant has standing to appeal; d. A separate and concise statement of each error alleged to have been committed; e. A separate and concise statement of facts upon which the appellant relies to sustain'the statement of error; and f. A request for relief, specifying the type and extent of relief requested. 3. Upon receipt of the written appeal form and payment of the appeal fee, the City Clerk shall forward a copy of the appeal and the transcriptlrecord deposit fee to the Hearing Examiner:. 4. The appeal shall be dismissed by the City Council if: a. It is filed by a person without standing to appeal; b. The City Council does not have jurisdiction to hear the appeal; c. It is not timely filed; d. The appeal fee or the transcript/record deposit fee was not timely paid; e. The appellant failed to timely pay the costs incurred by the Hearing Examiner in preparing the verbatim transcript and certified record, after being billed for such costs; or f. It is not filed in accordance with the procedures set forth in these rules. Page 25 of 43 Public'Hearing Draft Title 17 Uniform Development Code OK All motions to dismiss a defective appeal shall be filed within fifteen (15) calendar days from the filing date of the appeal, except for a dismissal under item (4)(e), above. The City Council may dismiss an appeal under item (4)(e), above, upon receiving written notification from the Hearing Examiner that the appellant failed to timely pay the costs incurred by the Hearing Examiner for the appeal after being billed for such costs. 5. The Hearing Examiner shall have thirty (30) calendar days from the filing date of the appeal to prepare a verbatim transcript of the hearing before the examiner and a certified copy of the documents in the record, and to bill the appellant for the costs incurred. The City Council may authorize a longer time, at the Hearing Examiner's request, for unusually large records or transcripts. a. If the Hearing Examiner, the appellant, and the applicant (if different than the appellant), agree, or upon order of the City Council, the verbatim transcript and/or record may be "shortened or summarized to avoid reproduction or transcription of portions of the record that are duplicative or irrelevant to the issues raised by the appeal. b. Upon completion of the transcript and record, the examiner shall bill the appellant for all costs incurred by the Hearing Examiner in preparing the verbatim transcript and certified record. The appellant shall pay the balance above and beyond the deposit fee within seven (7) calendar days from the date the bill was mailed or provided to the appellant. c. Upon the appellant's payment of the bill for the cost of the transcript and record, the Hearing Examiner shall, by the next business day, deliver a copy of the appeal, verbatim transcript, and certified record to the City Clerk. The Hearing Examiner shall also provide to the City Clerk a list of the names and mailing addresses of the applicant and the parties of record to the hearing before the Hearing Examiner. d. The City Clerk will furnish copies of the transcript and record to the applicant, if different than the appellant, all members of the City Council, and the City Attorney. The Hearing Examiner, upon request, will furnish copies of the transcript and record to the appellant, the applicant (if the same as the appellant), and other entities that may request one at the cost,of reproduction. e. If the City Council dismisses the appeal on procedural grounds, the appellant shall reimburse the Hearing Examiner for the balance of the costs incurred by the Hearing Examiner in preparing the transcript and record as of the date of the dismissal, if any. 17.50.080 Appeal Review Process for City Council 1. The City Council, at its next regular meeting following receipt of the transcript and record from the Hearing Examiner, will schedule a closed record hearing on the appeal. Page 26 of 43 Public Hearing Draft Title 17 Uniform Development Code OK a. The City Council shall schedule the appeal hearing no sooner than thirty (30) calendar days from the date the transcript and record were received from the Hearing Examiner. b. The City Council may approve a later hearing date upon agreement of the applicant. c. The appellant, or a party of record in opposition to the appeal, may provide input as to the hearing date only in person at the meeting, or by submitting a letter to the City Clerk prior to the meeting. d. The City Clerk shall mail notice of the time, place and date of the hearing to the appellant, the applicant (if different than the appellant), and all parties of record to the hearing before the Hearing Examiner within five (5) calendar days from the date the appeal hearing was scheduled. e. Closed record appeals before the City Council shall be concluded within sixty (60) days from the date the transcript and record are received by the City Clerk, unless the applicant agrees in writing to a longer period. 17.50.090 City Council Appeal Hearing Procedures All appeals to the City Council shall be conducted in the manner set in Appendix B. 17.60 Compliance and Enforcement 17.60.010 Purpose and Scope This chapter sets forth the enforcement procedures for violations of the following: 1. Nuisances (SVMC 7.05) 2. Violations of any provisions of the Uniform Development Code (SVMC Titles 17- < 25) 17.60.030, Relationship to Growth Management Act This article is adopted as development regulations pursuant to Chapter 36.70A RCW (Growth Management Act). 17.60.040 Enforcement, Authority, and Administration 1. In order to discourage public nuisances and otherwise promote compliance with applicable code provisions, the City may, in response to field observations or reliable complaints, determine that violations of this title have occurred or are occurring, and may: a. Enter into voluntary compliance agreements with persons responsible for code violations; Page 27 of 43 Public Hearing Draft Title 17 Uniform Development Code OK b. Issue notice and orders, assess civil penalties, and recover costs as authorized by this article; c. Require abatement by means of a judicial abatement order, and if such abatement is not timely completed by the person or persons responsible for a code violation, undertake the abatement and charge the reasonable costs of such work as authorized by this article; d. Allow a person responsible for the code violation to perform community service in lieu of paring civil penalties as authorized by this article; a. Order work stopped at a site by means of a stop work order, and if such order is not complied with, assesses civil penalties as authorized by this article; f- Suspend, revoke, or modify any permit -previously issued by the City or deny a permit application as authorized by this article when other efforts to achieve compliance have fallen; and g. Forward a written statement providing all relevant information relating to the violation to the office of the City Attorney with a recommendation to prosecute willful and knowing violklo.ns as misdemeanor offenses- . The procedures set forth in this article are not exclusive. These procedures shall not [n any manner limit or restrict the City from remedying or abating violations of this title in any other rnanrleT' authorizers by law: . In addition fo, or as 6n alternatiVe to, utilizing the procedures set forth in this article, We City may seek legal or equitable relief to abate any conditions or enjoin any acts or prpdcas which constitute a code violation- 4. In'addition to, or as an alternative to, utilizing the procedures set forth in this article; the City may assess or recover civil penalties accruing under this article by legal action filed in Spokane County district court by the office of the City Attorney- ' 5. The provisions of this article shall in no way adversely affect the rights of the owner, lessee, Or occupant of any property to recover all costs and expenses incurred 'and required by this article from any person causing such violation. 6- In administering the provisions for code compliance, the City shall have the authority to waive any one or more such provisions so as to avoid substantial injustice by application thereof to the acts or omissions of a public or private entity or individual, or acts or omissions on public or private property including, for example, property belonging to public or private utilities, where no apparent benefit has accrued to such entity or individual from a code violation. Any determination of substantial injustice shall be made in writing supported by appropriate facts. For purposes of this subsection, substantial injustice cannot be based exclusively on financial hardship. Page 28 of 43 Public Hearing Draft Title 17 Uniform Development Code O 7- The City may, upon presentation Of proper credentials, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued court order, enter at reasonable times any building or premises subject to the consent or court order to perform the duties imposed by this article. It is the intent of the City Council that any entry made to private property for the purpose of inspection for 'code violations be accomplished in strict conformity with constitutional and statutory constraints on entry, and the holdings of the relevant court cases regarding entry- The right of entry authorized by this article shall not supersede those legal constraints. 8, The City may request that the police, appropriate fire district, Spokane Regional Health District, or other appropriate City department or other non-city agency assist in enforcement. 17.60.050 Cu'idelines for Departmental Responses to Complaints City representatives are authorized to determine; based upon past complaints regarding a property, subsequent field investigations, and other relevant criteria, whether a complaint is reliable- If the City determines a complaint is not reliable, the City is not obligated to conduct a field investigation- 17,60,060 Procedures when Probable Violation is Identified t 1. The City shall determine, based`upon information derived from sources such as field observations, the statements of witnesses, relevant documents, and data systems- for tracking violations and- applicable City codes--and regulations,- whether or not,a violation has`w;ur-ed. As-soon as the City has reasonable cause to determine that a vi61 1o' n has occurred, the violation shall be dacumerited and the ;person responsible for the code violations promptly notified- ' . Except' as provided in subsection 4 of this section, a warning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the.. .City otherwise determines a violation has occurred. The warning shall inform the person determined to be responsible for a code violation of the violation and allow the person arr opportunity to correct it or enter into a 'unary compliance agreement as provided for by this article- Verbal warnings shall be logged and followed up with a written warning within five days,** and the site shall be re-inspected within 14 days. 3. No warning need be issued in emergencies, repeat violation cases, cases that are already subject to a voluntary compliance agreement, cases where the violation creates or has created a situation or condition that is not likely to be corrected within 7 hours, cases where a stop work order is necessary, or when the person responsible for the code violation knows, or reasonably should have known, that the action was a code violation- 4. Notice and orders should be issued in all cases in which a voluntary compliance agreement has not been entered. Page 22 of 43 Public Hearing Draft Title 17 Uniform Development Code OK 5. The City shall use all reasonable means to determine and proceed against the person(s) actually responsible for the code violation occurring when the property owner has not directly or indirectly caused the violation. 6- If the violation is not corrected, or a voluntary compliance agreement is not entered into within 15 days of notification by the City, a notice and order or stop work order should be issued. Stop work order's should be issued promptly upon discovery of a violation in progress. 17.60.070 Service - Notice and Order and Stop Work Order 1. Service of a notice and order shall be made on a person responsible for code violation by one or more of the following methods: a- Personal service of a notice and order may fie made on the person identified by the City as being responsible for the Cade violation, or by leaving a copy of the notice and order at the person's, house of usual abode with a person of suitable age and discretion wholes] des there; b- Service directed to the landowner and/of occupant of the property may be made by posting the notice and order in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for below, if: a mailing address is available; or c. Service by mail may be made fora notice and order by mailing two copies, postage prepaid- one by ordirMary first class mail-and the other by certified snail, to the person "responsible for the code violation at his or her last known address, at the address of the violation, or at the address of the place of business of the person responsible for the code violation. The taxpayer's address as shown on the tax records of Spokane County shall be deemed to be the proper address for the purpose.of mailing such notice to the landowner of the property where the vlolation'occurred. Service by mail shall be presumed effective upon the third business day following the day upon which the notice and order was placed ire. the mail. . For notice and or only, when the address of the person responsible for the code violation cannot be reasonably determined, service may be made by publication once in an appropriate regional or neighborhood newspaper cr trade journal.. Service by publication shall conform to the requirements of Civil Rule 4 of the Rules for Superior Court. 3. ervIce of a stop work order on a person responsible for a code violation may be made by posting the stop work order in a conspicuous place on the property where the violation occurred or by serving the stop work order in any other manner permitted by this article. 4. The failure of the City to snake or attempt service on any person named in the notice of violation, notice and order, or stop work order shall not invalidate any proceedings as to any other person duly served. Page 30 of 43 Public Hearing DraIft Title 17 Uniform Development Code O 17.60.80 Training and Rulemaking The City shell adopt procedures to implement the provisions of this article, and specifically the guidelines set out in this article describing reasonable and appropriate protocols for investigating code violations, 17.60.090 Obligations of Persons Responsible for Code Violation 1- It shall be the responsibility of any person identified as responsible for a code violation to bring the property into a safe and reasonable condition to achieve code compliance. Payment of civil penalties, applications for permits, acknowledgement of stop work orders, and compliance with other remedies does not substitute for performing the corrective work required and having the property brought into compliance to the extent reasonably possible under the circumstances. 2. Persons determined to be responsible- for a code violation pursuant to a notice and order shall be liable for the paychent of any civil penalties and abatement costs; provided, however, that if a property owner affirmatively demonstrates that the action which resulted in the violation .was taken without the owner's knowledge or consent by someone other than the owner or someone acting on the owner's behalf, that owner shall be, responsible only for bringing the property into compliance to the extent jeasonably feasible under the circumstances. Should the owner riot correct the violation, only those abatement costs necessary to bring the property, into a safe and reasonable condition, as determined by the City, shall be assessed by the-City. No civil penalties shall be-assessed against such an owner or his or her property ~ interes#, , 17.60.100 Determination of Compliance After issuahce of 2a warning, voluntary compliance agreement, notice and order, or stop wort order; and after the p"erson(s) responsible for a violation has come into compliance, the _ity shall issue a written determination of cornplianice. The City shall mail copies of then determination of compliance to each person originally named in the warning, voluntary compliance agreement,' notice and order, or stop work order, as well as the complainant, by certified mail, five-day return receipt requested. 17.60.110 Voluntary Compliance Agreement - Authority 1. Whenever the City determines that a code violation has occurred or is occurring, the i# shall make reasonable efforts to secure voluntary compliance from the person responsible for tyre code violation. Upon contacting the person responsible for the code violation, the City may enter into a voluntary compliance agreement as provided for in this article. . A voluntary compliance agreement may be entered into at - any time after issuance of a verbal or written warning, a notice and order, or a stop work order and before an appeal is decided. r ~ Page 31 of 43 Public Hearing Draft Title 17 Uniform Development Code O 1 Upon entering into a voluntary compliance agreement, a person responsible for a code violation waives the right to administratively appeal, and thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a code violation- ' 4. The voluntary compliance agreement shall Incorporate the shorten reasonable time period for compliance, as determined by the City- An extension of the time limit for compliance or a modification of the required corrective action may be granted by the City if the person responsible for the rude violation has shown due diligence or substantial progress in correcting the violation, but circumstances reader full and timely compliance under the original conditions unattainable. Any such extension or modification must be in writing and signed by the authorized representative of the City and person(s) who signed the original voluntary compliance agreement- 6. The voluntary compliance agreement is not a settlement agreement. +1 7,60.1 0 Voluntary Compliance Agreement = Contents The voluntary compliance agreement is a written, signed commitment by the person(s) responsible for a code violation in which such 'person(s) agrees to abate the violation, remediate the site, andlor mitigate,tkie impacts of the violation. The voluntary compliance agreement shall include the following 1, The name and address of the person responsible for the code violation; 2. The address ar other identification of the location of the violation; 3. A description of the violation an.d a reference to the provision(s) of the ordinance, resolution or regulation +vhich has been violated; 4. X -description of the necessary corrective action to be taken and identification of the date or time by. hich compliance must be completed; h. The amount of the civil penalty that will be imposed if the voluntary compliance agreement is not satisfied; 6- An acknowledgement that if the City determines that the terms of the voluntary compliance agreement are not met, the City may, without issuing a notice and order or stop work order, impose any remedy authorized by this article, enter the real property and perform abatement of the violation by the City, assess the costs incurred by the City to pursue code compliance and to abate the violation, including reasonable legal fees and costs, and the suspension, revocation or limitation of a development permit obtained or to be sought by the person responsible for the code violation; 7. An -acknowledgement that if a penalty is assessed, and if any assessed penalty, fee or cost is not paid, the City may charge the unpaid amount as a lien against the property where the code violation occurred if owned by the person responsible for the code violation, and that the unpaid amount may be a joint and several personal obligation of all persons responsible for the violation-, Page 32 of 43 Public Hearing Draft Title 17 Uniform Development Code OK 8. An acknowledgement that by entering into the voluntary compliance agreement, the person responsible for the code violation thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a code violation; and 9. An acknowledgement that the person responsible for the code violation understands that he or she has the right to be served with a notice and order, or stop work order for any violation identified in the voluntary compliance agreement, has the right to administratively appeal any such notice and order or stop work order, and that he or she is knowingly and intelligently waiving those rights. 17.60.130 Failure to Meet Terms of Voluntary Compliance Agreement 1. If the terms of the voluntary compliance agreement are not completely met, and an extension of time has not been granted, the authorized representatives of the City may enter the real property and abate the violation without seeking a judicial abatement order. The person responsible for code compliance may, without being issued a notice and order or stop work order, be assessed a civil penalty as set forth by this article, plus all costs incurred by the City to pursue code compliance and to abate the violation, and may be subject to other remedies authorized by ,this article. Penalties imposed when a voluntary compliance agreement is not met accrue from the date that an appeal of any preceding notice and order or stop work order was to have been filed or from the date the voluntary compliance agreement was entered into if there was not a preceding notice and order or stop work order. 2. The City may issue a notice and order or stop work order for failure to meet the terms of a voluntary compliance agreement. 17.60.140 Notice and Order - Authority When the City has reason to believe, based on investigation of documents and/or physical evidence, that a code violation exists or has occurred, or that the terms of a voluntary compliance agreement have not been met, the City is authorized to issue a notice and ,order to any person responsible for a code violation. The City shall make a determination whether or not to issue a notice and order within 30 days of receiving a complaint alleging a violation or otherwise discovering that a violation may potentially exist, or within 10 days of the end of a voluntary compliance agreement time period which has not been met. Subsequent complaints shall be treated as new complaints for the purposes of this article. 17.60.150 Notice and Order - Effect 1. A notice and order represents a determination that a violation has occurred, that the party to whom the notice is issued is a person responsible for a code violation, and that the violations set out in the notice and order require the assessment of penalties and other remedies that may be specified in the notice and order. Page 33 of 43 Public Hearing Draft Title 17 Uniform Development Code OK 2. The City is authorized to impose civil penalties upon a determination by the City that a violation has occurred pursuant to a notice and order. 3. Issuance of a notice and order in no way limits the City's authority to issue a stop work order to a person previously cited through the notice and order process pursuant to this article. 17.60.160 Notice and Order - Contents The notice and order shall contain the following information: 1. The address, when available, or location of the violation; 2. A legal description of the real property or the Spokane County tax parcel number where the violation occurred or is located, or a description identifying the property by commonly used locators; 3. A statement that the City has found the named person(s) to have committed a violation and a brief description of the violation(s) found; 4. A statement of the specific provisions of the ordinance, resolution, regulation, public rule, permit condition, notice and order provision, or stop work order that was or is being violated; 5. A statement that a civil penalty is being assessed, including the dollar amount of the civil penalties per separate violation, and that any assessed penalties must be paid within 20 days of service of the notice and order; - 6. A statement advising that any costs of enforcement incurred by the City shall also be assessed against the person to whom the notice and order is directed; 7. A statement that payment of the civil penalties assessed under this article does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to this article; 8. A statement of the corrective or abatement action required to be taken and that all required permits to perform the corrective action must be obtained from the proper issuing agency; 9. A statement advising that, if any required work is not commenced or completed within the time specified by the notice and order, the City may proceed to seek a judicial abatement order from Spokane County superior court to abate the violation; 10. A statement advising that, if any assessed penalty, fee or cost is not paid on or before the due date, the City may charge the unpaid amount as a lien against the property where the code violation occurred if owned by a person responsible for a violation, and as a joint and several personal obligation of all persons responsible for a code violation; Page 34 of 43 Public Hearing Draft Title 17 Uniform Development Code OK 11. A statement advising that any person named in the notice and order, or having any record or equitable title in the property against which the notice and order is recorded may appeal from the notice and order to the Hearing Examiner within 20 days of the date of service of the notice and order; 12. A statement advising that a failure to correct the violations cited in the notice and order could lead to the denial of subsequent Spokane Valley permit applications on the subject property; 13. A statement advising that a failure to appeal the notice and order within the applicable time limits renders the notice and order a final determination that the conditions described in the notice and order existed and constituted a violation, and that the named party is liable as a person responsible for a violation; 14. A statement advising the person responsible for a code violation of his/her duty to notify the City of any actions taken to achieve compliance with the notice and order; and 15. A statement advising that a willful and knowing violation may be referred to the Office of the City Attorney for prosecution. 17.60.170 Notice and Order - Supplementation, Revocation, Modification 1. The City may add to, revoke in whole or in part, or otherwise modify a notice and order by issuing a written supplemental notice and order. The supplemental notice and order shall be governed by the same procedures and time limits applicable to all notice arid orders contained in this article. 2. The City may issue a supplemental notice and order, or revoke a notice and order issued under this article: a. If the original notice and order was issued in error; b. Whenever there is new information or change of circumstances; or c. If a party to an order was incorrectly named. 17.60.180 Notice and Order - Administrative Conference An informal administrative conference may be conducted by the City at any time for the purpose of facilitating communication among concerned persons and providing a forum for efficient resolution of any violation. Interested parties shall not unreasonably be excluded from such conferences. 17.60.190 Notice and Order - Remedies - Suspension, Revocation, or Limitation of Permit 1. The City may suspend, revoke, or modify any permit issued by the City whenever: Page 35 of 43 Public Dearing Draft Title 17 Uniform Development Code OK a, The permit holder has committed a violation in the course of performing activities subject to that permit; b. The permit holder has interfered with the authorized representatives of the City in the performance of his or hoer duties related to that permit; , The permit was issued in error or on the basis of materially incorrect inform2tion supplied to the City; . Permit fees or costs were paid to the City by check and returned from a . financial institution marked non-sufficient funds {NSF) or canceled; or 4. For a permit or approval that is subject to sensitive area review. the applicant has failed to disclose a change of circumstances on the development proposal site which materially affects an applicant's ability to meet the permit or approval conditions, or which makes inaccurate the sensitive area study that was the basis for establishing permit or approval conditions- a_ Such suspension, revocation, ar modification shall be carried out through the notice and arder provisions of this article and sha11 be effective upon the compliance date established by the notice and order. Such suspension, revocation, or modification may be appealed to the Hearing Examiner using the appeal provisions of.this article. t 5. NoWthstanding any other provision of this article, the City may immediately suspend operations under any.permitty issuing astop work order. 17.60.200 !Notice and Order Remedies - Denial of Permit 1. Tha ity may deny a pi?rrnit when, with regard to t h a site or project for which the }permit is submitted; a_ Any person awning the property or submitting the development proposal has been found in violation of any ordinance, resolution, regulation, or public rule of the City that regulates ar protects the public health, safety and welfare, or the use and development of land and water; andfor i b_ Any person.oning the property or submitting the development proposal .has been found in violation and remains in violation of the conditions of any permit, notice and order, or stop work order issued pursuant to any such ordinance, resolution, regulation, or public rule. 2. In order to further the remedial purposes of this article, such denial may continue until the violation is cured by restoration, accepted as complete by the City, and by payment of any civil penalty imposed for the violation, except that permits or approvals shall be granted to the extent necessary to accomplish any required restoration or cure. 17.60.210 Notice and Order - Remedies - Abatement I Page 36 of 43 Public Hearing Draft Title 17 Uniform Development Code CK In addition to, or as an alternative to, any other judicial or administrative remedy, the City may use the notice and order provisions of this article to order any person responsible for a code violation to abate the violation and to complete the work at such time and under such conditions as the City determines reasonable under the circumstances. If the required corrective work is not commenced or completed within the time specified, the City may seek a judicial abatement order pursuant to this article. 17.60.220 Stop Work Order - Authority The City is authorized to issue a stop work order to a person responsible for a code violation. Issuance of a notice and order is not a condition precedent to the issuance of the stop work order. 17.60.230 Stop Work Order - Effect 1. A stop work order represents a determination that a code violation has occurred or is occurring, and that any work or activity that caused, is causing or contributing to the violation on the property where the violation has occurred, or is occurring, must cease. 2. A stop work order requires the immediate cessation of the specified work or activity on the named property. Work activity may not resume unless specifically authorized in writing by the City. 3. A stop work order may be appealed according to the procedures prescribed in J this article. 4. Failure to appeal the stop work order within 20 days renders the stop work order a final determination that the civil code violation occurred and that work was properly ordered to cease. 5. A stop work order may be enforced by the City police. 17.60.240 Stop Work Order - Remedy - Civil Penalties 1. In addition to any other judicial or administrative remedy, the City may assess civil penalties for the violation of any stop work order according to the civil penalty schedule established in SVMC 17.60.260. 2. Civil penalties for the violation of any stop work order shall begin to accrue on the first day the stop work order is violated and shall cease accruing on the day the work is actually stopped. 3. Violation of a stop work order shall be a separate violation from any other code violation. 17.60.250 Stop Work Order - Remedy - Criminal Penalties In addition to any other judicial or administrative remedy, the City may forward to the office of City Attorney a detailed factual background of the alleged violation with a Page 37 of 43 Public Hearing Draft Title 17 Uniform Development Gode O recommendation that a misdemeanor charge be filed against the person(s) responsible for any willful violation of a stop work order. 97.60.260 tliv iI Penalties-Assessment chedule 1. Civil penalties for code violations- shall be imposed for remedial purposes and shall be assessed for eachI violation identified in a notice of violation, notice and order, or stop work order, pursuant to the following schedule: a. Notice and orders and stop work orders- b_ Basic initial penalty: $500,00 2. Additional initial penalties may be added where there is: a_ Public health risk - amount depends on severity: $0 2,500 b. Environmental damage - amount depends on severity: $10-2,500 c_ Damage to property - amount depends on severity- $0-2,500 d. History of similar violations (less than three): $500 e. History of similar violations (three or rnore): $2,500 f. Economic. benefit to person responsible for violation: $5,000 3. The above penalties may be offset by the following compliance- a, Full compliance with a voluntary compliance agreement with prior history of zero to Oh'e' Similar Violations' $0 1,500.00 b. Full compliance with a voluntary compliance agreement and a history of two or mere 'pdor_ si4lar violations: 0 - 500.00 d:.. The total initial penalties assessed for notice and orders and stop work orders pursuant tO this article shall apply for the first 30-day period following issuance of the order, unless another time period is specified in a voluntary compliance agreerrrent_ 5. Civil penalties shall be paid within 20 days of service of the notice and order or stop work order if nDt appealed. Payment of the civil penalties assessed under this article does not relieve 2 person found to be responsible for a code violation of his or her duty to correct the violation and/or to }gay any and all civil penalties or other cost assessments issued pursuant to this article. 6. The City may suspend civil penalties if the person responsible for a code violation has entered into a voluntary compliance agreement. Penalties shall begin to accrue again pursuant to the terrrrs of the voluntary compliance agreement K any necessary permits applied for are denied, canceled or not pursued, if corrective action identified in the voluntary compliance agreement is i Page 38 of 43 Public Hearing Draft Title 17 Uniform Development Code OK not completed as specified, or if the property is allowed to return to a condition similar to that condition which gave rise to the voluntary compliance agreement. 7. Civil penalties assessed create a joint and several personal obligations in all persons responsible for a code violation. 8. In addition to, or in lieu of, any other state or local provision for the recovery of civil penalties, the City may file for record with the Spokane County auditor to claim a lien against the real property for the civil penalties assessed under this article if the violation was reasonably related to the real property. Any such lien can be filed under this article if, after the expiration of 30 days from when a person responsible for a code violation receives the notice and order or stop work order (excluding any appeal) and any civil penalties remain unpaid in whole or in part. 17.60.270 Civil Penalties - Duty to Comply Persons responsible for a code violation have a duty to notify the City in writing of any actions taken to achieve compliance with the notice and order. For purposes of assessing civil penalties, a violation shall be considered ongoing until the person responsible for a code violation has come into compliance with the notice and order, voluntary compliance agreement,' or -stop work order, and has provided sufficient evidence of such compliance. 17.60.280 Civil Penalties - Community Service The City is authorized to allow a person responsible for a code violation that accumulates civil penalties as a result of a notice and order, or for failure to comply with the terms of a voluntary compliance agreement, to voluntarily participate in an approved community service project(s) in lieu of paying all or a portion of the assessed civil penalties. Community service may include, but is not limited to, abatement, restoration, or education programs designed to clean up the City. The amount of community service will, reasonably relate to the comparable value of penalties assessed against the violator. The rate at which civil penalties are worked off under this subsection is $10.00 per hour. The City shall take into consideration the severity of the violation, any history of previous violations, and practical and legal impediments in considering whether to allow community service in lieu of paying penalties. 17.60.290 Civil Penalties -Waivers 1. Civil penalties may be waived or reimbursed to the payer by the City under the following circumstances: a. The notice and order or stop work order was issued in error, b. The civil penalties were assessed in error; c. Notice failed to reach the property owner due to unusual circumstances; or Page 39 of 43 Public Hearing Draft Title 17 Uniform Development Code OK d. New, material information warranting waiver has been presented to the City since the notice and order or stop work order was issued. 2. The City shall state in writing the basis for a decision to waive penalties, and such statement shall become part of the public record unless privileged. 17.60.300 Civil Penalties - Critical Areas 1. The compliance provisions for critical areas are intended to protect critical areas and the general public from harm, to meet the requirements of Chapter 36.70A RCW (the Growth Management Act), and to further the remedial purposes of this article. To achieve this, persons responsible fo"r a code violation will not only be required to restore damaged critical areas, insofar as that is possible and beneficial, but will also be required to pay a civil penalty for the redress of ecological, recreational, and economic values lost or damaged due to their unlawful action. 2. The provisions of this section are in addition to, and not in lieu of, any other penalty, sanction, or right of action provided by law for other related violations. 3. Where feasible, the owner of the land on which the violation occurred shall be named as a party to the notice and order. In addition to any other persons who may be liable for a violation, and subject to the exceptions provided in this article, the owner shall be jointly and severally liable for the restoration of a site and payment of any civil penalties imposed. 4. Violation of critical area provisions of this code means: a. Th'e violation of any provision of SVMC 21.40 Critical Areas, or of the administrative tules promulgated there under; b. The failure to obtain a permit required for work in a critical area; or c. The failure to comply with the conditions of any permit, approval, terms and conditions of any sensitive area tract or setback area, easement, covenant, plat restriction or binding assurance, or any notice and order, stop work order, mitigation plan, contract or agreement issued or concluded pursuant to the above-mentioned provisions. 5. Any person in violation of SVMC 21.40 Critical Areas may be subject to civil penalties, costs, and fees as follows: a. According to the civil penalty schedule under SVMC 17.60.260; provided, that the exact amount of the penalty per violation shall be determined by the City based on the physical extent and severity of the violation; or b. The greater of: i. An amount determined to be equivalent to the economic benefit that the person responsible for a code violation derives from the violation, measured as the total of: Page 40 of 43 Public Hearing Draft Title 17 Uniform Development Code OK 1. The resulting increase in market value of the property; 2. The value received by the person responsible for a violation; 3. The savings of construction costs realized by the person responsible for a code violation as a result of performing any act in violation of SVMC 21.40 Critical Areas; or ii. Code compliance costs incurred by the City to enforce SVMC 21.40 Critical Areas. 17.60.310 Cost Recovery 1. In addition to the other remedies available under this article, upon issuance of a notice and order or stop work order the City shall charge the costs of pursuing code compliance and abatement incurred to correct a code violation to the person responsible for a code violation. These charges include: a. Reasonable Legal Fees and Costs. For purposes of this section, "reasonable legal fees and costs" shall include, but are not limited to, legal personnel costs, both direct and related, incurred to enforce the provisions of this article as may be allowed by law; and b. Administrative Personnel Costs. For purposes of this section, °administrative personnel costs°- shall include, but are not limited to, administrative employee costs, botk direct and related, incurred to enforce the provisions of this article; and c. Abatement Costs. The City` shall keep an itemized account of costs incurred by the City in the abatement of a violation under this article. Upon completion of any abatement work, the City shall prepare a report specifying a legal description of the real property where the abatement work occurred, the work done for each property, the itemized costs of the work, and interest accrued; and d. Actual expenses and costs of the City in preparing notices, specifications and contracts; in accomplishing or contracting and inspecting the work; and the costs of any required printing, mailing, or court filing fees. 2. Such costs are due and payable 30 days from mailing of the invoice. 3. All costs assessed by the City in pursuing code compliance and/or abatement create a joint and several personal obligations in all persons responsible for a violation. The Office of the City Attorney, on behalf of the City, may collect the costs of code compliance efforts by any appropriate legal means. 4. In addition to, or in lieu of, any other state or local provision for the recovery of costs, the City may, after abating a violation pursuant to this article, file for record with the Spokane County auditor to claim a lien against the real property for the assessed costs identified in this article if the violation was reasonably Page 41 of 43 Public Hearing Draft Title 17 Uniform Development Code CK related to the real property, in accordance with any lien provisions authorized by state law. 5. Any lien filed shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall share priority. The City may cause a claim for lien to be filed for record within 90 days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance abated. The claim of lien shall contain sufficient information regarding the notice and order, a description of the property to be charged with the lien, the owner of record, and the total of the lien. Any such claim of lien may be amended from time to time to reflect changed conditions. Any such lien shall bind the affected property for the period as provided for by state law. 17.60.320 Collection of Civil Penalties, Fees, and Costs The City may use the services of a collection agency in order to collect any civil penalties, fees, costs, and/or interest owing under this article. 17.60.330 Abatement 1. Emergency Abatement. Whenever a condition constitutes an immediate threat to the public health, safety or welfare or to the environment, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible _ for the violation as soon as reasonably possible after the abatement. 2. Judicial Abatement. The City may seek a judicial abatement order from Spokane County superior court, to abate a condition which continues to be a violation of this code where other methods of remedial action have failed to produce compliance. 3. The City shall seek to recover the costs of abatement as authorized by this chapter. 17.60.340 Code Compliance Abatement Fund - Authorized All monies collected from the 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 in the fund for such abatement costs, or other appropriate accounting mechanism. 17.60.350 Judicial Enforcement - Petition for Enforcement 1. In addition to any other judicial or administrative remedy, the office of the City Attorney, on behalf of the City, may seek enforcement of the City's order by filing a petition for enforcement in Spokane County superior court. 2. The petition must name as respondent each person against whom the City seeks to obtain civil enforcement. Page 42 of 43 Public Hearing Draft Title 17 Uniform Development Code OK 3. A petition for civil' enforcement may request monetary relief, declaratory relief, temporary or permanent injunctive relief, and any other civil remedy provided by law, or any combination of the foregoing. 17.70 Fees and Penalties 17.70.010 Master Fee Schedule All fees and penalties for development permits, formal interpretations, violations of provisions of this development code or allowed appeals shall be set forth in the City of Spokane Valley Master Fee Schedule. A copy of this schedule shall be available at the Community Development Department. Page 43 of 43 PC OK TiUe 18, Uniform Development Code 10/512006 8:14 AM Title 18 Boards and Authorities 18.10 Planning Commission 18.10.010 Establishment and purpose There is created the City of Spokane Valley Planning Commission (hereafter referred to as the "Planning Commission"). The purpose of the Planning Commission is to study and make recommendations to the Mayor and City Council for future planned growth through continued review of the City's comprehensive land use plan, development regulations, shoreline management, environmental protection, public facilities, capital improvements and other matters as directed by the City Council.-, 18.10.020 Membership i i 1. Qualifications. The membership of the Planning Commission shall consist of individuals who have an interest in planning, I n/d use `transportation, capital infrastructure and building and landscape design as evidenced by training, experience or interest in the City. 2. Appointment. Members of the Planning Commission shall be nominated by the Mayor and confirmed by a majority vote of at least four members of the City Council. Planning Commissioners shall be selected without respect to political affiliations and shall serve without compensation. The Mayor, when considering appointments, shall attempt to select residents who represent various interests and locations within the City 3. Number of Members/Terms. The Planning Commission shall consist of seven members. All members shall reside within the City. Terms shall be for a three- year period, and'shall expire on the'thirty=first day of December. 4. Removal. Members of the commission may be removed by the Mayor, with the concurrence of the City Council, for neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absence from three consecutive regular meetings. Failure to/qualify as to residency shall constitute a forfeiture of office:,The decision of the City Council regarding membership on the Planning Commission shall be final and without appeal. Vacancies. Vacancies that occur other than through the expiration of terms shall `be'filled for the unl xplred term in the same manner as for appointments. 6. Conflicts of Interest. Members of the Planning Commission shall fully comply with Chapter 42.23 RCW,'Code of Ethics for Municipal Officers; Chapter 42.36 RCW, Appearance of Fairriess; and such other rules and regulations as may be adopted from time to time by the City Council regulating the conduct of any person holding appointive office within the City. No elected official or City employee may be a member of the Planning Commission. 18.10.030 Meetings - Rules 1. The Planning Commission shall every year organize and elect from its members a chair, who shall preside at all meetings of the commission and perform such other functions as determined by rule. A vice chair shall be elected to preside in the absence of the chair. A majority of the commission members shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to carry any proposition. Page 1 of 4 PC OK Title 18, Uniform Development Code 101512006 8:14 AM 2. The commission shall determine a regular meeting schedule (time, place and frequency) and shall meet at least one time every month. All meetings shall be open to the public. 3. The commission shall adopt such rules and procedures as are necessary for the conduct of business and shall keep a recording of its proceedings. 4. All hearings before the Planning Commission shall be conducted in the manner set forth in Appendix B. 18.10.040 Staff support Administrative staff support to the Planning Commission shall be provided by the City's Community Development Department (hereafter referred to as the "Department"). In addition, the Commission, through its chair, may request formal opinions or memorandums from the City Attorney or Community Deyelopnient Director (hereafter referred to as the "Director") on any pending matter. 18.10.050 Duties and responsibilities ` The Planning Commission, as an advisory body to the City Council, shall perform and have the following duties and responsibilities\ 1. Assist in the preparation of a comprehensive plan and development regulations in compliance with Chapters 36.07A and 35A:63 RCW, including the establishment of procedures for early and continuous public participation in the development and amendment of the comprehensive plan and the development regulations; ~ 2. Review plans and:regu-ltions related to land use management, shoreline management, environmental policy, transportation systems, public facilities and capital infrastructure planning and'development; 3. Upon request from the City Manager or City Council, review potential annexations,to the City; 4. Where design review is required by land use ordinances of the City, perform such design review.unl \ s that review is delegated to some other appointed body or City staff ; 5:. Identify issues and recommend priorities for geographic sub-areas including park and open space areas in tli City; 6. Meet and confer with the Hearing Examiner to review the administration of land use policies and ordinances to enhance the planning and permitting process; 7. Make periodic written and oral reports to the City Council addressing work in progress and other significant matters relating to the City; 8. Hold public hearings in the exercise of duties and responsibilities; 9. Perform such other duties and powers as may be conferred by ordinance, resolution or motion of the City Council. Unless otherwise assumed by the City Council, the Planning Commission shall hold all public hearings required to be held in the course of adoption or amendment to the comprehensive plan, the development regulations, adoption or amendment of the zoning map, or adoption or amendment of regulations for the subdivision of land, shoreline management, environmental regulations, and other land use ordinances of the City. Page 2 of 4 PC OK Title 18, Uniform Development Code 1015/2006 8:14 AM 18.20 Hearing Examiner . 18.20.010 Authority The Hearing Examiner system is established in accordance with the provisions of RCW 35A.63.170, 36.70B.120(3) and chapter 58.17 et seq, and SVMC 2.56. 18.20.020 Powers and Duties The Hearing Examiner shall have the following powers and duties: 1. The Hearing Examiner will receive and examine available information, make site visits, take official notice of matters, conduct public hearings, prepare a record thereof, and enter findings, decision or recommendations as provided in this section. a. The Hearing Examiner shall hear the following matte I rs: L Applications for variances; ii. Conditional use permits; iii. Special use permits; iv. Shoreline Permits, when a public hearing is required; v. Preliminary plats; vi. Appeals from any administrative decision of the department of community development or thefbuilding official in~the administration or enforcement of the Spokane Valley Uniform Development Code or other land use code or regulation; vii. Appeals on State Environmental Policy.Act (SEPA) determinations. viii. Site specific zone changes of property, including any environmental determination (under SEPA),\ ix. Planned unit developments, inc luding any environmental determination (unde(SEPA); and /x: Any other applications or appeals that the City Council may refer by motion or ordinance, specifically declaring that the decision of the Hearing \ Examiner can be appealed to the City Council. b. `All hearings before the Hearing Examiner shall be conducted in the manner \set forth in Appendix B. c. Appeals of any,decision of the Hearing Examiner shall be as is set forth in SVMG\.5 18.30 Community Development Director 18.30.010 The Community Development Director shall have the following responsibilities: 1. To advise the Planning Commission and the City Council concerning matters related to planning and the administration of SVMC Titles 17 through 25, (Uniform Development Code(UDC)); 2. To implement the provisions of the UDC in conformance with the directives of the City Council and the UDC; Page 3 of 4 PC OK Title 18, Uniform Development Code 10/5/2006 8:14 AM 3. To regularly update the comprehensive plan and official zoning map; 4. To make recommendations concerning proposed changes and amendments to zoning regulations and the official zoning map; and 5. To review site plans for conformance with the requirements of the UDC. 18.40 Building Official 18.40.010 The Building Official shall have the following responsibilities: 1. To review all plans for construction for conformance with the UDC and to administer the provisions of building codes adopted by the City Council; 2. To make recommendations concerning amendments to the adopted Building Codes; 3. To enforce the provisions of SVMC Title 24 /Building Code\ 4. To enforce the provisions of nuisanceordinances in conformance with the requirements of SVMC 7.05. 18.50Public Works Director 18.50.010 The Public Works Director shall have the following responsibilities: 1. To review all street and drainage construction plans for conformance with the UDC and to administer the civil engineering construction codes adopted by the % City Council; ~ 2. To advise the Planning `Commission and the City Council concerning matters related to the administration of the civil engineering provisions of the UDC; 3. To regularly update the Street and Utility Design Standards and the Regional Stormwater Design Standards; 4. To rev eiw site plans for conformance with the civil engineering requirements of e UDC. 5. To oversee the construction of public infrastructure for conformance with the civil engineering provisions of the UDC. J Page 4 of 4 0 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 10, 2006 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business X new business ❑ public hearing ❑ information ❑ admin. report X pending legislation AGENDA ITEM TITLE : Amended Fee Resolution GOVERNING LEGISLATION: Resolution 06-014 contains the existing fee schedule for the city. PREVIOUS COUNCIL ACTION TAKEN: Resolution 06-014 was passed in July of 2006 and included updated city fees. As the city moves into 2007 there are a few additional changes that need to be incorporated into the fee schedule. BACKGROUND: The city uses a resolution to establish fees for city programs, permits and services. Periodically, the city must update the fee resolution to incorporate new or modified fees. The changes needed at this time include: L I/ 1. Deleting the blasting permitfee 2. Increasing the storm water fee from $20 to $21 per Equivalent Residential Unit to parallel Spokane County fees. 3. Updating right of way permit fees (pending review) 4. Updating the oversized load fee (pending review) 5. Updating development fees: Subdivisions Preliminary Plat from $2,150 + $40/lot to $2,324 + $40/lot Final Plat from $1,250 + $10/lot to $1,424 + $10/lot Short Plat Preliminary Plat 2-4 lots from $750 to $924 Final Plat 2-4 lots from $1,050 + $10/lot to $1,224 + $10/1 ot Preliminary Plat 5-9 lots from $1,250 + $25/lot to $1,424 + $25/lot Final Plat 5-9 lots from $1,050 + $10/lot to $1,224 + $10/lot Binding Site Plan Binding Site Plan from $1,500 to $1,674 Binding Site Plan Modification from $1,300 to $1,474 _ OPTIONS: Make changes to the proposed fees. Leave the fees as they exist today. RECOMMENDED ACTION OR MOTION: Staff recommends council consider these revisions to the fee resolution. This issue will come back to the council for a "second touch" on October 24 and final consideration on November 14. Proposed changes would be effective January 1, 2007. BUDGET/FINANCIAL IMPACTS: General fund fee increases are intended to keep city fees at a level where costs are recovered. The storm water fee will generate an estimated increase of $75,000 for storm water projects and programs. STAFF CONTACT: Ken Thompson, Finance Director Bl Amendments to Fee Resolution OCTOBER 10, 2006 KEN THOMPSO i Amendments to Fee Resolution, Continued • Delete Blasting Permit Fee • Increase Storm Dater Fee • Fight of Way & Oversize Load Fees • Subdivision & Binding Site Plan Fees fF 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 10, 2006 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report pending legislation AGENDA ITEM TITLE: 2007 Budget. General Budget Discussion GOVERNING LEGISLATION: City budgeting practices PREVIOUS COUNCIL ACTION TAKEN: The 2007 proposed budget was presented to Council on August 22. 2006 The street fund forecast was discussed at the September 26, 2006 Council meeting. BACKGROUND: As part of the annual budget process, time is set aside during Council meetings to discuss related policy issues prior to the budget adoption. The long term stability of the Street Fund is one of the City's major financial topics. The six year financial forecast for the Street Fund (which provides the basis for the expenditure level included in the 2007 proposed budget) currently shows a negative ending fund balance hsnnin►linn irk 7rV10 Thio fimof►?mro is haco~ ~ ~ n ni ~rro►~1 Io~~nle of ro~~an~ ~o onii ovrwnrlif~ ~►o On September 26, three alternative models were presented in preliminary form. Spending levels were adjusted beginning in 2007 so that the City could afford Street Fund activities into 2010, 2011, or 2012. Council expressed continued interest in the 2010 and 2011 models. The attached spreadsheets are modified versions of the 2010 and 2011 models. As a result of continued evaluation of the service impacts, staff concludes that reducing or eliminating pavement removal and replacement (PRBR) should be kept to a minimum. The more that maintenance is deferred, the more costly it is to repair In the future. This is due not only to the impacts of inflation, but also to the effects of continued degradation of the road the longer it goes unattended. Instead, these modified spreadsheets suggest restricting snow removal on Priority IV residential streets, followed by reductions in street repair activities (e.g., shoulder repair and pothole patching). These models simply show two scenarios of how money would be spent in order to maintain a positive ending balance for a specific duration of time. In reality, the City reacts to actual conditions in any given year. OPTIONS: 1) Maintain 2007 expenditure levels as included in the 2007 proposed budget; 2) adjust 2007 expenditure levels consistent with the 2010 model; 3) adjust 2007 expenditure levels consistent with the 2011 model; 4) provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Provide feedback and direction to staff. BUDGEWINANCIAL IMPACTS: The Street Fund expenditures are currently estimated at 44.5 million for 2007. STAFF CONTACT: David Mercier, City Manager or Nina Regor, Deputy City Manager ATTACHMENTS 1 Street Fund 6-Year Plan Based on Projected Revenues, 2010 and 2011 Models Restricted 6-Year Street Fund Plan-4-::010 Street Fund (Recommended 6-Year Plan Based on Projected Revenues 2007 2007 2008 2009 2010 2011 2012 Salaries, Wages & Benefits $286,911 $286,911 S309,864 .334.653 $361,426 $390,340 $421,567 Supplies 516,950 $1+x,950 $18.309-" 5"9.7'0 521,352 $23,060 $24,905 Other Services and Charges S1,226.080 $951,080 $1.027 1" $1 109,340 $',198,OE7 $1,293,934 $1,397 4•,9 In overnmental Servioes Street Maintenance Services $2.473,745 S2,373,745 $2,303.645 $2267,936 $2.449,371 $2,645,321 S2,856, G--6 WSDOT Street Maint Services $350,000 $354,000 $378.000 408.240 $4t0.81j9 $476,171 $514,265 Capital Outlaso $0 $0 SO SO SO SO inter`und Payment for 1:ervices 53:,000 535,000 $37,800 S40,62Z S44,O90 $47,617 $51,426 Inte overnmental Services $74.686 S74.686 $80.661 587,111S94,0E3 $101,609 $109.738 Total Expenditure $4,46,25,3721 54,088,372 $4155,442 $4267,878 $4,609,308 $4,978,052 $5,376,297 Revenue 56,920,000 $3,000,0001 $2 600,000 $2 600 OCO S2,500,000 $2,500 OUO Fund Balance S2,831,628 $1,676,185 $8.308 ($2,001.000) (54,479,052) ($7,355,349) 2007-2012 (Other Services: Delete updating of street condition assessment and pavement management plan work 2007-2012 Street Maintenance Services: Assume $100,000 rEtuction with no service level impact and beginning in 2038 reduce snow re-noval $260,000 for priority IV residential streets 2009-2012 Street Maintenance Suvioes: Delete $220,000 in street repair Notes: 1 Revenue is at 0% increase per year 2. Expenditures are at 8% increase per year 10'512006 Restricted 6-Year Street Fund Plan-4-.?011 Street Fund Recommended 6-Year Plan t3ased on Projected Revenues 2007 2007 2008 2009 2010 2011 2012 Salaries, Wages 8 Benefits $286,911 5286,911 $309,864 334,653 5361.426 $390,340 $421,567 Supplies $16,950 S16,950 $18,306 $19,770 $21,352 $23.060 $24.905 Other Services and Chanlem $1,226,080 $951,080 S1.027,168 $1 109,340 $1,198,087 $1,293,934 $1,3 7.449 Intergovernmental Services Street Maintenance Services 473.745 S1,898,745 $1,690,645 $1825,896 51,971,968 $2,129.725 $2,300,103 WSDOT Street Maint. Services 5350,000 $350,000 $378,000 !4G6,240 $440,899 $476,171 5514,265 Capital OuUa$0 50 $0 $0 SO $0 $0 Interfund Payment for Services 535,000 $35.000 $37,800 $40,824 $44,090 $47.617 $51,426 Inter ovemmental Services $74,686 $74,688 $80,661 $87,114 $94,083 $101,609 $109,738 Total Expenditure $4,463,372 $3,613,372 $31642,442 $3,825,838 $4131905 $4,462,457 $4,819.464 $0 $0 $0 $0 Revenue $6,920,000 $3,000,000 52.600,000 $21600,000 $2,500,000 $2.500.000 Fund Balance $3,3066281 $2,764.185 $1,538348 $6.443 ($1,956,014) ($4,275,467) 2007-2012 Other 8enrlcas: Delete updating of sty eet condition assessment and pavement management pian worts 2007-2012 811eet MatabManes 8erv{css: 1. Assume $100,000 reduction in snow removal with no service level impact and beginning in 2003 reduce snow removal $250,000 for priority IV residential streets 2 Reduce street. repair 5475,00C Notes: 1 Revenue is at 0% increase per year 2. Expenditures are at 8% increase per year 10/5/2006 CITY OF SPOKANE VALLEY -f Request for Council Action Meeting Date: 10-10-06 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information x admin. report ❑ pending legislation AGENDA ITEM TITLE: Setting Date for Winter Retreat PREVIOUS COUNCIL ACTION TAKEN: The purpose of this agenda item is to give Councilmembers an opportunity to discuss and perhaps finalize, their preference for which Saturday we should schedule the 2007 Winter Retreat. January Saturdays include January 6, 13, 20 and 27. February Saturdays include February 3, 10, 17, and 24. The last few years, the retreat was held on the second Saturday in February. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGETIFINANCIAL IMPACTS: STAFF CONTACT: Dave Mercier ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 10, 2006 Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing S information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Information Uniform Development Code Title 20 Subdivision Regulations (aka Title 14), and Title 21 Environmental Controls (aka Title 15). GOVERNING LEGISLATION: RCW 36.70, WAC 365-195-800 et seq., RCW 58.17, RCW 90.58 PREVIOUS COUNCILICOMMISSION ACTION TAKEN: The 2006-2026 Comprehensive Plan was adopted on April 25, 2006 and effective on May 10, 2006. Council received information concerning the proposed process on July 11, 2006. The Planning Commission conducted a public hearing on September 28, 2006 on Title 20-Subdivisions. BACKGROUND: The City has one year to adopt regulations implementing the Comprehensive Plan. These regulations will be incorporated into the Spokane Valley Uniform Development Code, including a wide range of regulations, some of which the City Council has seen in the past. These 1 regulations are subject to the same requirements for early, continuous and collaborative public participation as the Comprehensive Plan. The Comprehensive Plan Implementation Matrix distributed earlier identifies all policies included in the 2006-2026 Comprehensive Plan, some of which will require development regulations and some of which do not. Proposed regulations will be included in the proposed Spokane Valley Uniform Development Code (SVUDC) and was originally numbered Titles 17-25 of the Spokane Valley Municipal Code. Upon further consideration, the City Attorney recommends that the numbers be changed prior to final adoption. Title 20 - Subdivision Regulations. Subdivision regulations generally cover the division of land into two or more lots, tracts or parcels, excepting burial plots, divisions created by testamentary provisions, acquisition for public purposes, and divisions required for wireless communications or electric utilities. Divisions of land includes "short" subdivisions of up to nine lots, which are approved administratively, subdivisions of more than nine lots, which require a public hearing before the Hearing Examiner and binding site plans which apply to commerciallindustrial development, which are approved administratively. The two-step subdivision process includes preliminary and final approvals. All final subdivision plats and binding site plans are approved administratively. Subdivisions and binding site plans are survey documents only. The process of subdivision triggers other requirements, including review for concurrency and drainage and construction plans, which are identified in this Title. Both subdivisions and binding site plans must be recorded prior to the sale of property. The review process is detailed as a Type II or Type III permit in the draft of Title 17. Title 20 includes requirements for submittal and approval criteria, as well as provisions for extension of approvals beyond the statutory five year period. Plat alterations, modifications, vacation and boundary line adjustments are also included in this title. Information Report Uniform Development Code Title 20 Subdivision Regulations (aka Title 14), and Title 21 Environmental Controls (aka Title 15) Page 2 of 3 Washington statutes are fairly prescriptive concerning the requirements and process for the subdivision of land. Provisions which are a matter of local policy are included in Chapter 20.10.080 General Design. Provisions include lot arrangement and orientation, lot and block dimensions. Planning Commission held a public hearing on September 28, 2006 and recommends approval. Submission to CTED no less than 60 days prior to final action is required. Title 21 - Environmental Controls. Title 21 includes provisions for compliance with the State Environmental Policy Act (SEPA) as well as critical areas regulation including floodplain hazards, wetlands protection, fish and wildlife conservation, geologically hazardous areas, critical aquifer recharge areas, and Shoreline Management and Restoration (RCW 90.58). This Title is unique in many respects, since the jurisdiction of several state agencies, as well as the federal government must be taken into account. SEPA: The SEPA process mimics the National Environmental Policy Act (NEPA) in many ways. The administration of the process is delegated to a "lead agency" which is resolved through a statutorily established process. Many planning (non-project), development and construction projects are subject to SEPA review and administrative determination, with the requirement for a hearing in the event the determination is appealed. Floodplain Hazard. Flood Hazard regulations are a condition of the City's participation in the National Flood Insurance Program (NFIP) regulated by the Federal Emergency Management Agency and the Washington Department of Ecology. The proposal includes updates incorporated in the Washington Model Ordinance, as well special provisions for flood storage, resulting from the recent completion of the Chester Creek re-study. Wetland Protection. Wetland buffers implement provisions of The Clean Water Act and are included among the critical areas which must be regulated. Fish & Wildlife Conservation. These provisions implement regulations for habitat conservation established by the Washington Department of Natural Resources (DNR) for riparian areas (RCW 90.58). DNR very recently completed its update of stream and water body typing. These regulations replaced the earlier five stream type classification with four, "S" Shorelines of the State, "F" Fish, "Np" Non-fish perennial and "Ns" Non-fish seasonal. Sebacks and forest practices regulations (WAC 222-determine conservation setbacks based on a combination of stream width (bankfull) and soil types, pursuant to WAC 222-30-020. These regulations also replace the "ordinary high water mark' as a benchmark with "bankfull". Geologically Hazardous Areas. These areas are designated on the Comprehensive Plan and include both erosion and landslide hazard areas. Critical Aquifer Recharge Areas. This provision regulates land uses with the potential for aquifer contamination, based on susceptibility. A one thousand foot radius around all groundwater wells is defined as "high" susceptibility", regardless of soil conditions. Shoreline Management & Restoration. These regulations are an integral part of the proposed Shoreline Management & Restoration Program, subject to approval of the Department of Ecology, which will require a separate public participation process. The City collaborated with all jurisdictions in Spokane County, except the City of Spokane, in performing an inventory and assessment of all statutorily designated shorelines. These include "Shorelines of Statewide Significance" (Spokane River) and "Shorelines of the Information Report Uniform Development Code Title 20 Subdivision Regulations (aka Title 14), and Title 21 Environmental Controls (aka Title 15) Page 3 of 3 State" which includes all bodies of water with a surface area of 20 acres or more. This includes both Shelley Lake, the Flora Pit and the Park/Thierman pit. The City of Spokane is in the process of updating its own Shoreline Master Program. Part of the process includes designating "shoreline environments" which may affect adjacent land uses. Shoreline Management Programs place a strong emphasis on an environmentally "properly functioning condition" and public access to the water. Present regulations also require a restoration plan. The statute also requires specific provisions related to signage, roadway and utility construction, fill, docks and buoys, as well as shoreline protection. "Substantial Development Permits" are required for construction in shoreline areas. Title 21 will be discussed with the Planning Commission during the latter part of November. A public hearing is tentatively scheduled before the Commission for December 14, 2006. Submission to CTED no less than 60 days prior to final action is required. OPTIONS: Schedule for an administrative report or take no action. RECOMMENDED ACTION OR MOTION: None required. BUDGETIFINANCIAL IMPACTS: None. STAFF CONTACT: Marina Sukup, AICP, Community Development Director Greg McCormick, Planning Manager ATTACHMENTS: Draft regulations. PC OK Title 20, Uniform Development Code 10/5/2006 8:15 AM Title 20 - Subdivision Regulations 20.05 Authority. This title is established in accordance with Revised Code of Washington (RCW) Chapter 58.17 which authorizes cities to administer the process for the division of land. 20.10 General Provisions. 20.10.010 Purpose. Pursuant to the purposes set forth in RCW 58.17.010, the regulations included contained in this title are necessary to: 1. Promote the health, safety, and general welfare in accordance with standards established by the State and the City; 2. Promote effective use of land by preventi g the overcrowding or scattered development which would be detrimental to health, safety, or the general welfare due to the lack of water supplies, sanitary sewer, drainage, transportation, or other public services, or excessive expenditure of pub4c_fu d for such services; 3. Avoid congestion and promote safe and convenient travel by the public on streets and highways through the proper planning and coordination of new streets within subdivision with existing and planned streets in the surrounding community; 4. Provide for adequate light and air; 5. Provide for adequate water, sewage, drainage, parks and recreational areas, sites for schools and school rounds, and other public requirements; 6. Provide for proper ingress and egress; 7. Provide'~fohousing and commercial needs of the community; 8. Require uniform monumentation of land divisions and conveyance of accurate legal descriptions; 9. Protect environmentally sensitive areas; 10. Provide for flexibility in site design to accommodate view enhancement and protection, protection of streams and wetlands, protection of steep slopes, and other environmentally significant or sensitive areas; 11. To ensure consistency with and to further the goals and policies of the Comprehensive Plan; and 12. To provide a process for the division of land for the following: a) Short subdivision: the division of land into nine (9) or fewer lots, tracts, parcels, sites or divisions with a level of review that is proportional to the effect those lots may have on the surrounding area. b) Subdivision: the division of land into ten (10) or more lots, tracts, parcels, sites or divisions with a level of review that is proportional to the effect those lots may have on the surrounding area. c) Binding site plan: An alternative method of dividing property interests and applying to the division of any land for sale or lease which is zoned for Page 1 of 15 PC OK Title 20, Uniform Development Code 10/5/2006 8:15 AM commercial, business, office, or industrial development, or which is to be developed as condominiums or a manufactured home park. 20.10.020 Exemptions. The provisions of this title shall not apply to: 1. Cemeteries and other burial plots while used for that purpose (RCW 58.18.040 (1)); 2. Divisions made by testamentary provisions, or laws of descent (RCW 58.17.040 (3)); 3. Division of land into lots or tracts if such division is a resdit of subjecting a portion of the parcel or tract of land to either RCW 64.32 (Horizontal Regimes Act) or RCW 64.34 (Condominium Act) subsequent to the recording of a binding site plan for all such land (RCW 58.17.040 (7)); 4. Division of land due to condemnation or sale under threat thereof, by an agency or division of government vested with the power of eminent domain; and 5. Divisions or acquisition of land for public right-of-way. 6. A division of land for purpose of leasing land for facilities providing personal wireless services while used for that purpose. (RCW 58.17.040(8)) 7. A division of land into lots or tracts of less than three acres that is recorded in accordance with RCW 58.09 used or to be used for construction and operation of consumer or investor owned electric utilities to meet the electrical needs of a utility's existing and new customers as set forth in RCW 58.17.040(9). 20.10.025 Legal Lot. . Development shall be permitted only on legally created lots. A lot is created in compliance with applicable state and local land segregation statutes or codes in effect at the time the lot was created, including but not limited to demonstrating the lot was created through one of the following: 1. , Lots created through subdivision, a plat approved by the City or Spokane County separately describing the lot in question; or /2 . Lots created'through short subdivision, a short plat approved by the City or Spokane County separately describing the lot in question; or 3. A deed, contract of sale, mortgage, property tax segregation, plat, or recorded survey describing the lot in question if the instrument was: a. Executed,prior to March 24, 1980 for subdivisions (effective date of County's first subdivision ordinance) while the lot in question was under Spokane County jurisdiction; or b. Executed prior to March 13, 1978 (effective date of County's first short subdivision ordinance) for short subdivisions while the lot in question was under Spokane County jurisdiction; or c. Executed prior to July 1, 1969 (effective date of RCW 58.17). Page 2 of 15 PC OK Title 20, Uniform Development Code 10!512006 8:15 AM 20.10.030 Approval required prior to recordation. Any map, plat or plan hereafter made of a proposed short subdivision, subdivision or binding site plan, or any part thereof, shall be presented for approval and be recorded as set forth in SVMC 20.30.040. No such map, plat or plan shall be recorded or have any validity unless or until it has the approval of City departments and agencies with jurisdiction as required by this title. 20.10.040 Prohibition against sale, lease or transfer of property. No person shall sell, lease or offer to sell or transfer any lot, tract or parcel subject to the requirements of this title without first receiving approval hereunder and recording the approved division with Spokane County; provided, that if performance of an offeror agreement to sell, lease or otherwise transfer a lot, tract or parcel of land is expressly conditioned on the recording of the subdivision, short subdivision or binding site plan containing the lot, tract, or parcel, the offer or agreement does not violate any provision of this Title. 20.10.050 Vertical Datum. Where topography is required to be shown, the land survey data must be based on the National Geodetic Vertical Datum (NGVD-88). % 20.10.060 Monumentation. Monumentation shall be established as required by City construction standards. In addition, every lot corner shall be marked with an iron rod or iron pipe marked in a permanent manner with the registration number of the professional land surveyor in charge of the survey. 20.10.070 Professional Land Surveyor. The preparation of all preliminary and final short subdivisions, subdivisions and binding site plans shall be made by dr under the supervision of a professional land surveyor. The professional land surveyor shall certify on the'final plat that it is a true and correct representation of the lands actually surveyed. A survey is required on all final plats. All surveys shall comply with the RCW 58.09 Survey Recording Act and survey and land descriptions (WAC-332-130). 20.10.080 General Design. The design of short subdivisions, subdivisions and binding site plans shall conform to the requirements of all applicable City plans, regulations, and design and development standards. In addition: 1. The design, shape, size, and orientation of the tracts should be appropriate for the use for which the divisions are intended, and the character of the area in which they are located. 2. Lot arrangement. a: Side lot lines shall be perpendicular to public street rights-of-way or radial to the right-of-way in the case of curvilinear streets or cul-de-sacs. b. Corner Lots: i. The lot lines at the intersection of two local streets shall run along the hypotenuse of the triangle measured fifteen feet (15'-OA) from the intersection adjacent to the street along the front and side of the lot. ii. The lot lines at the intersection of a local street and a collector or arterial shall run along the hypotenuse of the triangle measured twenty-five feet Page 3 of 15 PC OK Title 20, Uniform Development Code 10/512006 8:15 AM (25'-0") from the intersection adjacent to the street along the front and side of the lot. iii. No corner lot shall be located at right angles to an adjacent interior lot. iv. Property lines at the intersection of public or private streets, and private driveways intersecting public or private streets that exceed one hundred and fifty (150) feet in length shall be curved and conform generally to the curb line in a manner approved by the City. v. Corner lots serving low density residential development shall have an average width at least fifteen percent (15%) greater that the width of interior lots along both adjacent streets to permit building setback and orientation to both streets. c. Lot Dimensions: i. Lot dimensions shall comply with the minimum standards established in SVMC 22.40. ii. Flag lots are prohibited. Reverse flag lots providing access to alleys or amenities located to the rear of the propeity are permitted. iii. No lot shall have an average depth gr`eater.than three times its average width. d. Double Frontage Residential Lots: i. Double frontage and reverse frontage lots shall be avoided except where ~Z necessary to separate residential development from arterial roadway or to overcome specific disadvantages of topography and orientation. ii. When lots back to arterials, a screening device shall be installed on the lot(s) limiting visibility between the arterial and the adjoining lots in accordance.with SVMC 22.80 or 22.90. ill. No building, except buildings designed and constructed as two-family dwellings or one-family attached dwellings, shall be constructed on or across existing lot lines. Where buildings are designed and constructed on or across lot lines, the building shall be located so that the common wall separating the individual living units are located on and along the common lot lines of the adjoining lots. 3. Block dimensions should reflect due regard to the needs of convenient access, public safety, emergency vehicle access, topography, road maintenance, and the provision of suitable sites for the land use planned. a. Block Length. Blocks shall not exceed 800 feet except as provided in the zoning regulations for estate lots, unless unique characteristics associated with the land such as creeks, woods, or parks, justifies a longer length. b. Block Labeling. Blocks shall be identified in sequential alphabetical order. c. Street alignments shall be designed and constructed with appropriate consideration for existing and planned roads, anticipated traffic patterns, topographic and drainage conditions, public safety, and the proposed use of the land so divided. Page 4 of 15 PC OK Title 20, Uniform Development Code 10/5/2006 8:15 AM d. All road designs shall be consistent with SVMC 22.130 and adopted street standards. 4. When a tract is subdivided into lots of one acre or more in size, the Community Development Director(hereafter referred to as the "Director") may require an arrangement of the tracts and roads, such as to permit a subsequent redivision in conformity with roads or plans adopted by the City. 5. Lots should not be divided by the boundary of any city, county, zoning designation, or public right-of-way. 6. Every lot shall have direct access to a paved public street, private street, or private driveway easement. 7. Prior to filing the final short subdivision, subdivision/or binding site plan application, the applicant shall improve or make appropriate provisions for the construction of the public or private streets or private driveways that provide access to lots being created through the short subdivision, subdivision, or binding site plan consistent with appropriate City adopted standards. 8. Wastewater design shall be in compliance with all applicable City and other agencies' regulations. 9. Adequate public domestic water supply and/or fire protection shall be provided in compliance with all applicable City and other agencies' regulations. 10. Provisions for stormwater runoff shall be in compliance with City guidelines for stormwater management as set forth in SVMC 22.150. 11. Easements for electric, water, sewer, gas, and similar utilities shall be illustrated on the final short plat, plat, or binding site plan. The utility purveyors shall indicate to the _ Community Development Department (hereafter referred to as the 'Department') in writing that the easements are adequate for their service needs. 12. The short subdivision, subdivision, or binding site plan shall provide underground utilities within public rights-of-way, alleys or utility easements including, but not limited to, those for electricity, communications and street lighting. When conditions make underground installation impractical, the Director may waive the requirement /for underground utilities. 20.10.090 Findings.'. Prior to approving any preliminary short subdivision, subdivision or binding site plan, the Department in the case of short subdivisions and binding site plans or the Hearing Examiner in the case of subdivisions, shall determine and make written findings of fact that appropriate provisions are made for the following: 1. The public health, safety, and general welfare; 2. Open spaces; 3. Drainage ways; 4. Streets or roads, alleys, sidewalks, and other public ways; 5. Transit stops; 6. Public potable water supplies; 7. Sanitary sewer; Page 5 of 15 PC OK Title 20, Uniform Development Code 10/5/2006 8:15 AM \ 8. Parks and recreation; 9. Playgrounds, schools and schoolgrounds; 10. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; 11. Whether the public interest will be served by the short subdivision, subdivision, and binding site plan; 12. The proposed short subdivision, subdivision or binding site plan is in conformity with all applicable development code provisions; and 13. Other requirements found to be necessary and appropriate. 20.20 Preliminary Short Subdivisions, Subdivisions and Binding Site Plans 20.20.010 Application. Prior to filing an application for preliminary short subdivision or binding site plan with the Department, it is recommended that the applicant request a pre-application conference pursuant to the provisions of SVMC 17.40 to obtain application form's and receive general information regarding the short subdivision process Prior to filing an,application for a preliminary subdivision, a pre-application conference pursuant to the provisions of SVMC 17.40 is required. 20.20.020 Contents of Application. Every preliminary short subdivision, subdivision or binding site plan shall consist of the -J appropriate application form, applicable fees and the following` 1. Maps and exhibits: a. Ten '(10) copies of the preliminary short plat, plat or binding site plan which shall be a legibly drawn map, eighteen by twenty-four (18x24) inches for short plats; twenty-four by thirty-six (24x36) inches in size for plats and binding site plans at a scale of 1'=50' or V=100'. If approved by the Department, an alternative appropriate scale may be used; b. One (1) reduced (8'/2x11 or. 11x17 inches) copy of the preliminary short plat, plat or binding site plan; c. One (1) copy of the Spokane County Assessor's % section map clearly indicating the subject property. Additionally, all adjacent properties with parcel numbers must be indicated on the % section map. Assessor's maps for preliminary subdivisions shall indicate the parcel numbers of all properties within three hundred (300) feet of the subject property, unless the applicant owns adjacent property, in which case the map shall show the location and parcel number of all properties within three hundred (300) feet of the applicant's ownership. d. Legal description of the subject property with the source of the legal description clearly indicated; e. Public notice packet; and f. SEPA environmental checklist for preliminary subdivisions and binding site plans. Page 6 of 15 PC OK Title 20, Uniform Development Code . 10!52006 8:15 AM 2. Preliminary short subdivision, subdivision or binding site plan data (to be included on the preliminary short plat, plat or binding site plan). a. Name, address and telephone number of the owner of the subject property and the person with whom official contact should be made regarding the short plat, plat, or binding site plan; b. Title of the proposal. c. Location of subject property by section, township and range; d. A written narrative describing the proposal including but not limited to the number of proposed lots, nature of surrounding properties, proposed access and timing of phasing of the development. The narrative shall also address compliance to applicable sections of the development code and other applicable regulations; e. Vicinity map that clearly indicates the subject property; f. North arrow, scale and boundary of the proposed short plat, plat, or binding site plan; g. Boundaries of all block, the designation of lots, lot lines'and dimensions; h. Location of existing utilities, i. Location, names and widths of all existing and proposed streets, roads and access easements within the proposed short subdivision, subdivision, or binding site plan and within 100 feet thereof, or the nearest city street if there is no city street within 100 feet of the subject property; j. All existing or proposed easements or tracts proposed to be dedicated for _ any public purpose or for the common use of the property owners of the short plat, plat or binding site plan; k. `Location of any natural features such as wooded areas, streams, drainage ways or critical areas as defined in SVMC Title 21; 1. Location, of existing buildings, septic tanks, drainfields, wells or other improvements, indicating if they will remain or be removed, m. Whether adjacent property is platted or unplatted. If platted give the name of the subdivision'. If the proposed short subdivision, subdivision or binding site plan is the subdivision of a portion of an existing plat, the approximate lines of the existing plat are to be shown and a copy of the existing plat, along with any and all recorded covenants and easements; n. Topographic information at two foot intervals. Topographic information required by this section must be collected by or under the direction of a professional land surveyor; and o. 'Site Data Table' showing number of proposed lots, frontage for each lot, lot area for each lot, existing zoning, water supplier, method of sewerage. 20.20.030 Processing Applications. Preliminary short subdivisions and binding site plans are classified as Type II applications; preliminary subdivisions are classified as Type III applications. Both application types shall be processed pursuant to the applicable provisions of SVMC 17.40. Pace 7of15 PC OK Title 20, Uniform Development Code 10/512006 8;15 AM 20.20.040 Distribution of Plans. When the department determines that the application is complete pursuant to SVMC 17.40.100, the department shall distribute the application materials to affected agencies. The department or reviewing agencies may request additional information during the review process. 20.20.050 Expiration of Preliminary Approval. Approval of a preliminary short subdivision, subdivision, or binding site plan shall automatically expire five years from the date of approval unless a complete application for a final short subdivision, subdivision, or binding site plan meeting all requirementsynder this Title is submitted to the City. Extension of time may be granted as provided in SVMC 20.20.060. 20.20.60 Time Extensions. An application form and supporting data for time extension requests must be submitted to the department at least thirty (30) days prior to the expiration of the preliminary short subdivision, subdivision, or binding site plan. Time extension requests shall be processed as a Type I application pursuant to SVMC 17.40. The director may approve an extension provided there are no significant changed conditions or changed development regulations which would render recording of the short subdivision, subdivision or binding site plan contrary to the public health, safety or general welfare; and provided one or more of the following circumstances is,found to apply: 1. That some portion of the existing preliminary short subdivision, subdivision, or binding site plan has been finalized since the project was approved and the remaining lots would form a unified development consistent with the original approval; 2. That the preliminary short subdivision, subdivision, or binding site plan remains generally consistent with original plat or'binding site plan that was approved, and the applicant has taken substantial steps toward finalizing the plat or binding site plan, which shall include at least one of the following: a. Surveying the lots within the development; b. Arranging for public services to the site; c. Obtaining necessary financing for all or a portion of the preliminary short subdivision, subdivision, or binding site plan; d. The completion of studies or other requirements which were part of preliminary short subdivision, subdivision, or binding site plan approval; 3. That at the time preliminary approval was granted, development of the proposal was conditioned upon the extension of public services which are not yet available. This provision shall not apply to public utility extensions which the project sponsor would normally fund; If the conditions set forth in SVMC 20.20.060(1), (2), or (3) are met, the department may grant a single one-year time extension. Prior to granting time extensions, the Director shall circulate the time extension request to affected agencies for comments. Additional or altered conditions recommended by affected agencies may be required as a condition of this extension. City Departments may also recommend additional or altered conditions. The Department shall issue a written decision approving or denying the time extension request and provide copies to affected agencies, the applicant, and those parties requesting a copy of Page 8 of 15 PC OK Title 20, Uniform Development Code 10/5/2006 8:15 AM such decision. Appeals of a time extension shall be filed in a manner consistent with the provisions of SVMC 17.50. 20.30Final Short Subdivisions, Subdivisions, and Binding Site Plans 20.30.010 Final Submittal. The final short subdivision, subdivision, or binding site plan shall incorporate all conditions of the preliminary approval. The final short subdivision, subdivision, or binding site plan shall incorporate all conditions of approval imposed by the Hearing Examiner. All final subdivision, short subdivision or binding site plan submitta`Is shall include the following: 1. A minimum of ten (10) copies of the proposed final short plat, plat or binding site plan; ' 2. Appropriate fees; 3. Three copies of a plat certificate. The final short plat, plat or binding site plan shall show: 1. All monuments found, set, reset, replaced or removed, describing their kind, size and location and giving other data relating thereto; 2. Bearing trees, corner accessories or witness monuments, basis of bearings, bearing and length of lines, scale of map and north arrow; 3. Any other data necessary for the interpretation of the various items and locations of the points, lines and areas shown; 4. Ties to adjoining surveys of record. 5. The allowable error of mathematical closure for the final plat map shall not exceed one foot in eighty thousand feet or 0.04 foot, whichever is greater. 6. Bearings and length`s are to be shown for all lines; no ditto marks are to be used. 7. Arrows shall be used to show limits of bearings and distances whenever any chance of misinterpretation could exist. 8. Plat boundary and street monument lines having curves shall show radius, arc, central angle and tangent for each curve and radial bearings where curve is intersected by a non-tangent line. Spiral curves shall show chord bearing and length. 9. Lots along curves shall show arc length along curve and radial bearings at lot corners. If a curve table is provided, it shall show angle for each segment of the curve along each lot, arc length, tangent length, and radius. Radial.bearings along lot lines will not be required. 10. All dimensions shall be shown in feet and hundredths of afoot. All bearings and angles shall be shown in degrees, minutes and seconds. 11. When elevations are needed, permanent bench mark(s) shall be shown on the final short plat in a location and on a datum plane approved by the City. 12. The final short plat, plat or binding site plan shall indicate the actual net area for each platted lot exclusive of the right-of-way. Lots one acre and over shall be shown to the closest hundredth of an acre, and all other lots shall be shown in square feet. Page 9 of 15 PC OK Title 20, Uniform Development Code 10/512006 8:15 AM 20.30.20 Contents of Final Plat. All surveys shall comply with the Survey Recording Act (RCW 58.09), survey and land descriptions (WAC-332-130), and City standards for road construction. The contents of a final short subdivision, subdivision or binding site plan shall include the following: 1. The final short plat, plat or binding site plan shall be a legibly drawn, printed, or reproduced permanent map. Final short'plats shall measure eighteen by twenty-four (18x24) inches. Final plats and binding site plans shall measure twenty-four by thirty- six (24x36) inches. A two-inch margin shall be provided on the left edge, and a one- half-inch margin shall be provided at the other edges of the plat. If more than one sheet is required, each sheet shall show sheet numbers for the total sheets. 2. The file number of the short plat, plat or binding site plan; location by section, township and range shall be shown. 3. The scale shall be fifty (1"=50') or one hundred (1"=100') feet to the inch. If approved by the department, an appropriate scale may be used which does not exceed two- hundred (1"=200') feet to the inch, provided a'four-hundred (1"=400) feet to the inch reduced copy is also submitted. 4. A distinct wide boundary line shall delineate the boundary of the short plat, plat or binding site plan. 5. The location and widths of.streets, alleys, rights-of-way, easements, parks and open spaces proposed within the short plat and those existing immediately adjacent to the short plat shall be shown. Areas to be dedicated to the public must be labeled. 6. Layout and names of adjoining subdivisions shall be shown within and adjacent to the subdivision boundary. 7. The layout, lot and block numbers, and dimensions of all lots shall be shown. 8. Street names shall be shown. t 9. Street addresses for each lot shall be shown. 10. Plat restrictions required as conditions of preliminary short subdivision, subdivision or binding site plan "approval shall be shown. 11. Appropriate utility easements shall be shown. 12. Any special statements of approval required from governmental agencies, including those pertaining to flood hazard areas, shorelines, critical areas, and connections to adjacent state highways shall be shown. 13. A notarized certification by the owner(s) as shown on a current plat certificate shall be provided dedicating streets, areas intended for other public use, and granting of easements for slope and utilities. 14. A certification signed by a professional land surveyor registered in the state of Washington stating that the final short plat, plat or binding site plan was surveyed and prepared by himself/herself, or under his/her supervision; that plat is a true and correct representation of the subject land; and that monumentation has been established as required by City standards. 15. The City Council authorizes final approval of any final plat, short plat, or binding site plan, if it is reviewed and signed by the following: a. Spokane Valley Public Works Director; Page 10 of 15 PC OK Title 20, Uniform Development Code 10/5/2006 8:15 AM b. Spokane Valley Community Development Director; c. Spokane County Utilities Director; d. Spokane Regional Health District; e. Spokane County Treasurer; f. Spokane County Assessor; g. Water purveyor representative; h. Hearing Examiner for final plats only. 20.30.030 Filing Final Short Plat, Plat or Binding Site Plan. The final short plat, plat or binding site plan shall be submitted to the Department for review. It shall be routed to appropriate departments and agencies in order to review for compliance with the conditions of approval. Once all reviewing departments and agencies are satisfied all conditions have been met or appropriate bonding and surety'obtained pursuant to SVMC 20.30.040, the final short plat, plat or binding site plan mylar shall be submitted to the Department for obtaining the required signatures. Final plats and short plats shall be approved, disapproved, or returned to the applicant within thirty days from the date of filing thereof, unless the applicant consents to an extension of such time period. (RCW 58.17.140) The Department shall record the completed final short plat, plat, or binding site plan with the Spokane County Auditor. 20.30.40 Bond in Lieu of Construction Limitations. In lieu of the completion of the actual construction of any required improvement prior to the approval of the final plat, short plat or binding site-plan, the public works director may accept a bond in an amount and with surety and conditions, satisfactory to the Director and consistent with the provision of RCW 58.17.130, only if all of the'following conditions are met: 1. The improvement or improvements constitute less than 5 % of the total capital requirements for the plat, short plat *or binding site plan. 2. The improvements will be completed within one (1) year of the date of final approval. 3. The failure to complete the improvement does not impair the function or operation of the transportation, sewer, water, or stormwater systems. 4. The applicant for the bond does not have any outstanding improvements that have not been timely completed within other plats, short plats, or binding site plans within the City. The improvements could not be completed due to weather or product supply. 20.30.50 Phasing. Any subdivision may be developed in phases or increments. Phasing of short subdivisions or binding site plans is, not permitted. A master phasing plan shall be submitted with the preliminary subdivision for approval by the department. The phasing plan may be approved by the Director provided: 1. The phasing plan includes all land identified within the legal notice; 2. The sequence of phased development is identified by a map; 3. Each phase has reasonable public or private infrastructure to support the number of dwelling units contained in that phase; 4. Each phase constitutes an independent planning unit with facilities, adequate circulation, and any requirements established for the entire subdivision; and provided Page 11 of 15 PC OK Title 20, Uniform Development Code 10/5/2006 8:15 Atv that any non-finalized portion meets the minimum lot size of the underlying zone for the proposed use; and 5. The Public Works Department approves the necessary documents so that all road improvement requirements are assured for that phase. A phasing plan may be amended following preliminary approval. Said plan may be approved administratively provided the above criteria are met. 20.50 Preliminary Plat, Short Plat, and Binding Site Plan Alterations 20.50.010 Applications. An application may be submitted for any proposed alteration to a preliminary plat, preliminary short plat or binding site plan. The application shall contain the signatures of the persons having an ownership interest in the plat or binding site plan. A preliminary plat alteration is classified as a Type II permit and shall be processed pursuant to SVMC 17.40. 20.60.020 Preliminary Plat, Short Plat and Binding Site Plan Alterations, Notice, Decision, Filing Plan. a , Any request for a proposed modification to a preliminary short subdivision, subdivision, or binding site plan which has received preliminary approval "shall be submitted to the department. Any proposed modification which would amend conditions established administratively shall be circulated to affected agencies for review and comment. An amended decision or amended conditions of approval may be required based on comments received from affected agencies. The Director may waive formal processing if it is determined that the proposed modification would not have a substantial impact on adjacent properties, or conditions of approval. This process shall not apply to. amending site plans or conditions thereof established by a hearing body that would constitute a "change of condition." Alterations may be approved by the Director, if the Director determines that the public use and interest will be served by.the, alteration. _ Following approval of an alteration, the applicant shall produce a revised drawing of the approved alteration which shall be signed by the Director and filed with the City of Spokane Valley Community Development Department. Any proposed modification which would significantly amend conditions established by the hearing examiner shall be processed as a "change of conditions" pursuant to SVMC 1 . 20.60 Final Plat and Short Plat Alterations 20.60.010 Application. An application may be submitted for any proposed alteration to a final plat or final short plat. The application shall contain the signatures of the majority of those persons having an ownership interest in lots, tracts, parcels, site or divisions in the subject subdivision or portion to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof. Page 12 of 15 PC OK Title 20, Uniform Development Code 10/5/2006 8:15 AM A plat alteration is classified as a Type II Permit unless a public hearing is requested pursuant to SVMC 20.50.020 below in which case the plat alteration shall be classified as a Type III Permit. Both permit types shall be processed pursuant.to SVMC 17.40 and in a manner consistent with RCW 58.17.215. 20.60.020 Final Plat Alterations Notice. Public Hearing. Decision. Filing Requirements. Upon receipt of a completed application for a final plat alteration, the department shall provide notice of the application to all owners of property within the subdivision, publication in an appropriate regional or neighborhood newspaper or trade journal, and to those owners of property within (300) three hundred feet of that portion of the plat proposed for alteration. The notice shall include a statement that a public hearing will not be required unless specifically requested within the timeframe indicated below. If a public hearing is requested within 14 days of receipt of the notice, notice of the hearing shall be provided as is set forth in SVMC 17.40.120. Alterations to final plats may be approved if it is determined that the public use and interest will be served by the alteration. Following approval of an alteration, the applicant shall produce a revised drawing of the approved alteration of the final plat, which shall be signed by the Director and filed with the Spokane County Auditor's office to become the lawful plat of the property. 20.60.030 Final Short Plat Alterations. Notice. Decision. Filing Requirements. Upon receipt of a completed application for a final short plat alteration, the department shall provide notice of the application to all owners of property within the subdivision, publication in an appropriate regional or neighborhood newspaper or trade journal; and to those owners of property adjacent to that portion of the short plat proposed for alteration. Alterations to final short plats may be approved by the Director, if the Director determines that the public use and interest will be served by the alteration. Following approval of an alteration, the applicant shall produce a revised drawing of the approved alteration of the final short plat, which shall be signed by the Director and filed with the Spokane County Auditor's office to become the lawful plat of the property. 20.70 Plat Vacation 20.70.010 Plat Vacation Application. An application may be submitted for the proposed vacation of part or all of a plat. The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites or division in the subject subdivision or a portion to be vacated. 20.70.020 Plat Vacation - Process. Vacation of a plat is classified as a Type III application. Upon submittal of a complete application for vacation of plat, the department shall process the plat vacation request pursuant to SVMC 17.40 and in a manner consistent with RCW 58.17.212. Page 13 of 15 PC OK Title 20, Uniform Development Code 10/5/2006 8:15 AM 20.80Boundary Line Adiustments/Eliminations 20.80.010 Scope. Boundary line adjustments shall be a minor alteration in the location of lot boundaries on existing lots. The purpose of the boundary line elimination process is to remove interior lot lines of a parcel comprised of two or more separate lots with contiguous ownership. Boundary line adjustments must be consistent with the following: 1. Such alteration shall not increase the number of lots nor diminish in size open space or other protected environments. 2. Such alteration shall not diminish the size of any lot so as to result in a lot of less square footage than prescribed in the zoning regulations. 3. Such alteration shall not result in the reduction of setbacks or site coverage to less than prescribed by the zoning regulations. 4. All lots resulting from the boundary line alteration shall be in'conformance with the design standards of this chapter. 20.80.020 Review Process. Boundary line adjustments and eliminations are classified a' Type I applications and shall be reviewed pursuant to SVMC 17.40. 20.80.30 Application and Drawing Requirements. Application for a boundary line adjustment or elimination shall be made on forms provided by the Department and shall provide the following information: J 1. Existing conditions site plan - produce a to-scale site plan on an 8'/2 x 11 inch sheet with one inch margins on all sides'showing the following information: a. The existing dimensions and, square footage of the existing property/properties involved; b. The location and setbacks of any improvements ( i.e. structures, septic systems, etc.) from all property lines; c. The location and dimension of all access and utility easements; and 1 d. The location, dimensions and names of public and/or private streets abutting the property(ies). 2. Proposed adjust ment/elimination site plan - produce a to-scale plan on an 8'/2 x 11 inch sheet with one (1) inch margin on all sides showing the following information: a. The location and setbacks of any improvements ( i.e. structures, septic systems, etc.) after the proposed boundary line adjustment or elimination from the new property lines; b. The location and dimension of any access or utility easements after the proposed boundary line adjustment or elimination; c. The location, dimensions and names of public and/or private streets abutting the property(ies) after the proposed boundary line adjustment or elimination; and d. Indicate old property lines with a dashed line and the new property lines with a solid line. Page 14 of 15 PC OK Title 20, Uniform Development Code 1015/2006 8:15 AM 3. On a separate sheet of paper (8 '/2 x 11 inches) a written legal description for the existing parcel(s) and the proposed adjusted or eliminated parcel(s) with one (1) inch margins on all sides. 4. One (1) copy each of all involved property owners' recorded deeds, verifying current ownership of the subject property(ies). 5. If available, submit a copy of an original plat for the subject property. 6. If the boundary line adjustment results in a decrease'of distance between a property line and any structure on the site to less than ten (10) feet from the required setback, a record of survey of the property shall be completed to prove that no illegal building setbacks will be created as a result of the boundary line adjustment. The survey must be completed by a surveyor licensed in the State of Washington. 20.80.40 Recordation. The Department shall record approved boundary line adjustments and eliminations with the Spokane County Auditor's Office and submit copies, of the recorded documents to the Spokane County Assessor's Office. All fees for such recording shall be paid by the applicant prior to recording. Page 15 of 15 Preliminary Draft- Title 21 Section 21.20 101412006 2:35 PM 21.05 Authority 21.10. Purpose & Application This chapter implements the environmental goals and policies outlined in Chapter 8 Natural Environment of the Spokane Valley Comprehensive Plan identified as the Shoreline Management & Restoration Program (SMP) and the State Environmental Policy Act (SEPA). Critical areas include flood hazard (floodprone) areas, shorelines, wetlands, fish and wildlife habitat, geo-hazard areas, and critical aquifer recharge areas. 21.20 State Environmental Policy Act 21.20.010 Authority. The city adopts this policy under the State Environmental Policy Act (SEPA), 43.21 C.120 Revised Code of Washington (RCW), and the SEPA rules, Chapter 197-11 Washington Administrative Code (WAC). 21.20.020 Designation of Responsible Official. For those proposals that the City is lead agency, the responsible official shall be the Community Development Director (director) The responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement, and perform any other functions assigned to the lead agency or responsible official by the SEPA rules. The responsible official shall also be responsible for the City's compliance with WAC Chapter 197-11 whenever the City is a consulted agency. j 21.20.030 Lead Agency Determination and Agency Responsibilities. 1. When an application is filed for a nonexempt,action or the City initiates a nonexempt action, the responsible official shall determine the lead agency for that proposal under WAC 197-11-050 j; and 197-11-922 through 197-11-940, unless the lead agency, has been previously determined or the responsible official is aware that another department or agency is in the process of determining the lead agency: 2. When the city is not the lead agency for a proposal, all departments of the city shall use and consider as appropriate either the determination of nonsignifcance or the final environmental impact statement of ttie lead agency in making decisions on the proposal. No city department shall prepare or require preparation of a determination of nonsignificance or environmental impact statement in addition to that prepared by the lead agency unless the responsible official determines a supplemental environmental review is necessary under WAC 197-11-600. 3. If the city, or any of its departments, receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination or the city must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period. Any such petition on behalf of the city shall be initiated by the responsible official. 4. The responsible official is authorized to make agreements as to lead agency status or shared lead agency's duties for a proposal under WAC 197-11-942 and 197-11-944. 5. The responsible official shall require sufficient information from the applicant to identify other agencies with jurisdiction. 6. Within 90 days of issuing a letter of completeness for the application and environmental checklist, the responsible official shall either make a threshold determination or notify the applicant that a determination of significance is likely and indicate the areas of likely impact. The applicant may request that the decision be postponed for an additional thirty (30) days to allow Page 1 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 the responsible official to evaluate mitigation measures proposed by the applicant. The responsible official shall grant such extension, if requested. 21.20.040 Categorical Exemptions - Flexible Thresholds. The City establishes the following exempt levels for minor new construction pursuant to WAC 197-11-800(1)(c): 1. For residential dwelling units: up to twenty (20) dwelling units. 2. For agricultural structures: up to twenty thousand (20,000) square feet. 3. For office, school, commercial, recreational, service or storage buildings: up to twelve thousand (12,000) square feet and up to forty (40) parking spaces. 4. For parking lots: up to forty (40) parking spaces. 5. For landfills and excavations: up to five hundred (500) cubic yards. 21.20.050 Categorical Exemptions - Applicability. 1. If a proposal fits within any of the categories of Section 21.20.040, the proposal shall be categorically exempt from the threshold determination requirements of WAC, 197-11-720, except when the proposal is a segment of a proposal that includes:,\ a. A series of actions, physically or functionally related to each other, some of which are categorically exempt and some of which Eire not; or b. A series of exempt actions that are physically or functionally related to each other and that together may have a probable "significant adverse environmental impact in the judgment of an agency with jurisdiction. c. If (a) or (b) apply, that agency shall be the lead agency unless the agencies with jurisdiction agree that another agency should be the lead agency. Agencies may petition the department of ecology to resolve disputes (WAC 197-11-946). d. Agencies may petition the department of ecology to resolve disputes pursuant to WAC 197-11-946. 2. The agency or applicant may proceed with the exempt aspects of the proposals, prior to conducting environmental review, provided the requirements of WAC 197-11-070 are met. The lead agency is not required to document that a proposal is categorically exempt. The lead agency may note on an application that a proposal is categorically exempt or place such a determination in the agency's files. 21.20.060 Environmental Checklist. A completed environmental checklist shall be filed prior to or at the same time as an application for a permit, license, certificate, or other approval not categorically exempt; except a checklist is not needed if the City and the applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. 1. This checklist has been modified pursuant to WAC 197-11-960 and shall be in the form provided in Section 21.20.150 (1) 2. For private proposals, the City will require the applicant to complete the environmental checklist. For public proposals, the department initiating the proposal shall complete the environmental checklist for that proposal. During the review of the environmental checklist, the staff will review and if necessary return the checklist to the applicant for revisions and/or additional information. City staff may also make minor changes or additions to the environmental checklist. Page 2 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 3. For projects submitted under an approved planned action under WAC 197-11-164 and 168, the City shall use its existing environmental checklist form or may modify the environmental checklist form as provided in WAC 197-11-315. The modified environmental checklist form may be prepared and adopted along with, or as part of, a planned action ordinance, or developed after the ordinance is adopted. In either case, a proposed modified environmental checklist form must be sent to the Department of Ecology to allow at least a thirty day review prior to use. 21.20.065 Threshold Determination - Determination of Nonsignificance (DNS) 1. The responsible official may issue a DNS if the responsible official determines there will be no probable significant adverse impacts from a proposal. The lead agency shall prepare and issue a DNS substantially in the form provided in WAC 197-11-970. 2. When a DNS is issued for any of the proposals listed in subsection (a) of this section, the requirements of this subsection shall be met. The requirements of this subsection do not apply to a DNS issued when the optional DNS Process in SVNIC XXXX is used.', a. An agency shall not act upon a proposal for fourteen (14) days after the date of issuance of a DNS if the proposal involves: i. Another agency with jurisdiction; ii. Demolition of any structure or facility not exempted by WAC 197-11-800(2)(f) or 197-11-880; iii. Issuance of clearing or grading permits not exempted under SVMC 21.20.040; iv. A DNS under WAC 197-117350(2), (3) or 197-11`360(4); or v. An action related to the requirements of the Growth Management Act. `--'I b. The responsible official shall send the DNS and environmental checklist to agencies with jurisdiction, the Department of Ecology, affected tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal, and shall give notice pursuant to SVMC 21.20.110(1). c. Any person, affected tribe, or agency may submit comments to the lead agency within fourteen (14) days of the date of issuance of the DNS. ;I/d. The date of issue for the DNS is the date the DNS is sent to the Department of Ecology and agencies with jurisdiction and is made publicly available. e: An agency with jurisdiction may assume lead agency status only within the fourteen (14) day comment period "pursuant to WAC 197-11-948. f. The responsible official shall reconsider the DNS based on timely comments and may retain or modify the DNS or, if the responsible official determines that significant adverse impacts are likely, withdraw the DNS and/or supporting documents. When a DNS is modified, the lead agency shall send the modified DNS to agencies with jurisdiction. 3. The lead agency shall withdraw a DNS if: a. There are substantial changes to the proposal so that the proposal is likely to have significant adverse environmental impacts; or b. There is significant new information indicating, or on, a proposal's probable significant adverse environmental impacts; or c. The DNS was procured by misrepresentation or lack of material disclosure; if such DNS resulted from actions of an applicant, any subsequent environmental checklist on the Page 3 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 proposal shall be prepared directly by the lead agency or a consultant at the expense of the applicant. 4. If the lead agency withdraws a DNS, the lead agency shall make a new threshold determination and notify other agencies with jurisdiction of the withdrawal and new threshold determination. If a DS is issued, each agency with jurisdiction shall commence action to suspend, modify or revoke any approvals until the necessary environmental review has occurred (WAC 197-11- 070). 21.20.070 Threshold Determination - Mitigated Determination of Nonsignificance (MDNS). 1. The responsible official may issue a MDNS based on conditions attached to the proposal by the responsible official or on changes to or clarification of the proposal made by the applicant in a manner consistent with WAC 197-11-350. 2. An applicant may request in writing early notice of whether a DS, is likely under WAC 197-11- 350. The request must: a. Follow submission of a complete permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and b. Precede the agency's actual threshold determination for the proposal. 3. The responsible official or a designee shall respond in writing to the request for early notice within fourteen days unless otherwise agreed to. The response shall: a. Be in writing; and A b. State whether the City currently considers issuance of a' DS`likely, and if so, indicate the general or specific area(s) of concern ieading'the City to consider a DS; and c. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes orcla_ rifications. " 11 4. The City's written response under the subsections above shall not be construed as a DS. In addition, preliminary discussions of clarifications or changes to a proposal, shall not bind the City to consider the clarifications or changes in its threshold determination. 5. When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the responsible official shall base the threshold determination on the changed or, cclarified proposal. a. If the responsible official indicated specific mitigation measures in the response to the request for early notice and the applicant changed or clarified the proposal to include those specific mitigation measures, the responsible official shall issue and circulate a DNS pursuant to WAC197-11-340(2). b. If the responsible official indicated areas of concern but did not indicate specific mitigation measures that would allow the issuance of a DNS, the responsible official shall make the threshold determination, issuing a DNS or DS as appropriate. c. The applicant's proposed mitigation measures (clarifications, changes or conditions) must. be in writing and must be specific. d. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents. 6. A MDNS is issued either under WAC 197-11-340(2) requiring a fourteen day comment period unless otherwise established by agency procedure and public notice pursuant to Section - Page 4 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 20.20.130 SVMC, or under WAC 197-11-355, which may require no additional comment period j beyond the comment period on the notice of application. 7. Mitigation measures incorporated in the MDNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit or enforced in any manner specifically prescribed by the City. 21.20.075 Optional DNS Process. 1. If the city has a reasonable basis for determining significant adverse environmental impacts are unlikely, it may use a single integrated comment period to obtain comments on the notice of application and the likely threshold determination for the proposal. If this process is used, a second comment period will typically not be required when the DNS is issued (refer to subsection (4) of this section). 2. If the lead agency uses the optional DNS process specified in subsection (1) of this section, the lead agency shall: a. State on the first page of the notice of application that it expects to issue a DNS for the proposal and that: i. The optional DNS process is being use; ii. This may be the only opportunity to comment on the \ vironmental impacts of the proposal; 1. iii. The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared; and J iv. A copy of the subsequent threshold determination for the specific proposal may be obtained upon request. In addition, the lead agency may choose to maintain a general mailing list for threshold determination distribution. b. List in the notice of appl cation the conditions being considered to mitigate environmental impacts, if a MDNS is expected. C. Comply with the requirements for a notice of application in SVMC 17.40 and public notice in SVMC 21.20.110(1). d. Send the notice of application and environmental checklist to: i. Agencies with jurisdiction, the Department of Ecology, affect tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal; and ii. Anyone requesting a copy of the environmental checklist for the specific proposal. 3. If the lead agency indicates on the notice of application that a DNS is likely, an agency with jurisdiction may assume lead agency status during the comment period on the notice of application pursuant to WAC 197-11-948. 4. The responsible official shall consider timely comments on the notice of application and take one of the following actions: a. Issue a DNS or MDNS with no comment period using the procedures in subsection (5) of this section; Page 5 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 b. Issue a DNS or MDNS with a comment period using the procedures in subsection (5) of this section, if the lead agency determines a comment period is necessary; c. Issue a DS; or d. Require additional information or studies prior to making a threshold determination. 5. If a DNS or mitigated DNS is issued under subsection (d)(1) of this section, the lead agency shall send a copy of the DNS or mitigated DNS to the Department of Ecology, agencies with jurisdiction, those who commented, and anyone requesting a copy. A copy of the environmental checklist need not be recirculated. 21.20.080 Threshold Determination - Declaration of Significance (DS), If the responsible official determines that a proposal may have a probable significant adverse environmental impact, the responsible official shall prepare and issue a determination of significance (DS) substantially in the. form substantially in the form provided in WAC'197-11-980. The DS shall contain the information as set forth in WAC 197-11-360. An environmental impact statement shall be prepared for projects for which a DS threshold determination has been issued consistent_with the appropriate sections of this Title and referenced sections of the WAC. 21.20.085 Environmental Impact Statement. An environmental impact statement (EIS) is required for project and nonproject actions that may have a significant adverse impact on the environment as more specifically set forth in WAC 197-11-330 and shall be prepared pursuant to WAC 197-11-400 through 460. ' 21.20.090 Environmental Impact Statement - Preparation 1. Any person, firm, or. corporation assisting in the preparation 'of an EIS for private projects shall have expertise and experience in preparing environmental impact statements and shall be approved in writing by the responsible official before participating in the EIS process. 2. Preparation of environmental impact statements, supplemental environmental impact statements, and other environmental documentation shall be under the direction of the responsible official. The documents may be prepared by the city staff, or by a consultant approved and directed by the City, however all costs involved in the preparation of an EIS shall be borne by the applicant. The responsible official shall notify the applicant of the City's procedure for preparation, and distribution of the draft and final environmental impact statement. 3. The City may require an applicant to provide information the City does not possess, including specific investigations relating to elements of the environment, if such information is required under this chapter or another statute or ordinance. 4. Before the city issues a preliminary or final environmental impact statement, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC. 5. The City may create and maintain an EIS list of Qualified Consultants to assist in determining the expertise and experience of consultants using, but not limited to, the following procedures: a. Annually or biannually placing a legal notice in a newspaper of local circulation requesting statement of qualifications (SOQ) from qualified consultants. b. The City will review the SOQs and require interested consultants to submit an application package to be place on the list, c. The City will review the submitted materials and place those consultants who are determined to meet the minimum qualifications on the list. Those qualifications include, but are not limited to: Page 6 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 L Possessing a thorough and comprehensive knowledge of the procedural and JJ substantive requirements of SEPA and related regulations; and ii. Possessing adequate technical and administrative capacity to produce EIS documents and/or associated technical documents. 21.20.100 Additional Elements in an EIS. 1. The table of contents shall include a list of elements of the environment as set forth in WAC 197-11-444, indicating those elements or portions of elements that do not involve significant adverse impacts; 2. The City may include, at its discretion, in an EIS or its appendix, the analysis of any impact relevant to the City's decision, whether or not the impact is an environmental one. This inclusion of such analysis may or may not be based upon comments received during the scoping process. The provision for combining documents may be used as set forth in WAC 197-11-640. The EIS shall comply with the formatting requirements of WAC 197-11-400 through WAC 197-11-500. The decision whether to include such information and the,adequacy of any such additional analysis shall not be used in determining whether an EIS meets the requirements of SEPA. 3. If the City chooses to include a cost/benefit analysis in an EIS, such analysis shall be consistent with WAC 197-11-450. 21.20.110 Commenting. The rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings are set forth below as well as in WAC 197-11-500 through 570. 1. Public notice. Whenever possible, the City shall integrate the public notice requirement of this section with existing notice procedures for the City's nonexempt permit(s) or approval(s) required for the proposal. When the City issues. a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3), the City shall give public notice as follows: a. If public notice is required for a nonexempt license by other regulations, that notice shall state whether a DS or DNS has been issued and when comments are due. b. If an environmental document is issued concurrently with the Notice of Application, the public notice requirements as set forth in Title 17 of the SVMC will suffice to meet the public notice requirements in WAC 197-11-510(1). c. If no public notice is otherwise required for the permit or approval, the lead agency shall give notice of the DNS or DS as provided for in WAC 197-11-510 and locally adopted rules and regulations. d. If a DNS is issued using the Optional DNS process, the public notice requirements for a notice of application as set forth in Title 17 of the SVMC as supplemented by the requirements in WAC 197-11-355, will suffice to meet the public notice requirements in WAC 197-11-510(1)(b). e. Whenever the City issues a DEIS under WAC 197-11-455(5) or an SEIS under WAC 197-11-620, notice of the availability of these documents shall be given.by the following: i. Indicating the availability of the DEIS in any public notice required for the nonexempt license subsequently published after the issuance of the DEIS and prior to the first public hearing regarding a nonexempt license. ii. Selecting one or more of the following notification methods: Page 7 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 1) Posting the property for site specific proposals pursuant to the administrative procedures for the underlying action; 2) Publishing a legal notice in a newspaper of general circulation; 3) Notifying public or private groups, which have expressed an interest in a certain proposal, or in the type of proposal being considered; 4) Notifying the news media; 5) Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; 6) Publishing notice in newsletters and/or sending notice to agency mailing lists (either general lists or lists for specific proposals for subject areas). f. The City may require an applicant to complete the public notice requirements for the proposal at his or her expense or otherwise may charg&a fee sufficient to cover the lead agency's entire cost of meeting the public notice requirements. 2. Response to a Consultation Request. The director of the department with appropriate expertise shall be responsible for preparation of written comments for an agency in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing DEIS in a manner consistent with WAC 197-11-550. \ 21.20.120 Using Existing Environmental Documents. Existing environmental documents prepared under SEPA or the National Environmental Policy Act (NEPA) may be used for an agency's own environmental compliance in a manner consistent with WAC 197-11-164 through 172 and WAC 197-11-600 through 640. 21.20.130 SEPA Agency Decisions, Conditions, and Appeals. 1. SEPA decisions to mitigate anticipated impacts or deny proposals shall be made in a manner consistent with WAC 197-11-650 and 660. The City, in making its determination shall consider relevant environmental documents; alternatives, and mitigation measures as set forth in WAC 197-11-655. \ 2. The City may attach conditions to a permit or approval for a proposal so long as: a. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared with regard to the license; b. Such conditions are in writing; c. The mitigation measures included in such conditions are reasonable and capable of being accomplished; d. The City has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and e. Such conditions are based on one or more policies in subsection 3 of this section and cited in the license or other decision document. 3. The City may deny a permit or approval for a proposal on the basis of SEPA provided that: a. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to the ordinance codified in this chapter; and Page 8 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 b. A finding is made that there are no reasonable mitigation measures capable of being ~J accomplished that are sufficient to mitigate the identified impact; and c. The denial is based on one or more policies identified in section 21.20.130 (4) and identified in writing in the decision document. 4. Pursuant to RCW 43.21.060 and WAC 197-11-060(a) and 197-11-902 the City adopts the following policies as the basis for the imposition of mitigating conditions as set forth in this Chapter. : a. The City shall use all practicable means consistent with other essential considerations of state policy to improve and coordinate plans, functions, programs and resources to the end that the State and its citizens may: i. fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; ii. assure for all people of Washington safe, healthful, productive and aesthetically and culturally pleasing surroundings; iii. attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; iv, preserve important historic, cultural and natural aspects of our national heritage; V. maintain, wherever possible, -an environment which supports diversity and variety of individual choice; vi. achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and ' vii. enhance the quality of renewable resource's and approach the maximum attainable recycling of depletable `sources: b. The City recognizes that each person has a fundamental and inalienable right to a ,he`althful environment and that each person has a responsibility to contribute to the j preservation and enhancement of the environment. 5. The City, for the purposes of RCW 43.21C.060 and WAC 197-11-660(a), adopts by reference the policies, plans, rules, and regulations, and all amendments thereto, identified in Appendix D. Appendix D is adopted and may be amended by the City pursuant to WAC 197-11-902. 6. Except for permits and variances issued pursuant to RCW Chapter 90.58 (the Washington State Shorelines Management Act) and rules promulgated thereto, appeals of decisions or actions conditioned or denied on the basis of SEPA by a non elected official shall be appealable in accordance with SVMC 17.50 21.20.140 Definitions. Uniform usage and definitions of terms under SEPA are set forth in WAC 197-11-700 through 792. 21.20.150 Forms. The city adopts the following forms for use in carrying out the local SEPA procedures: 1. Environmental checklist; 2. Notice of Assumption of Lead Agency-Status; 3. Determination of Significance and Scoping Notice (DS); 4. Determination of Nonsignificance (DNS); Page 9 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 5. Adoption notice; 6. Notice of Action. 21.30 Floodplain Regulations 21.30.010 Purpose and Applicability 1. The provisions of this chapter shall apply to all areas of special flood hazards within the jurisdiction of Spokane Valley, Washington, and shall be administered in conformance with the National Flood Insurance Act, as amended (codified in CFR 60) and A summary of NFIP Policy for Local Officials, FEMA Region 10 Mitigation Division, July 2001. 21.30.020 Definitions Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "Appeal" means a request for a review of the interpretation of any provision of this ordinance or a request for a variance. "Area of Shallow Flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM) and which has the following characteristics: a. The base flood depths range from one to three feet; b. A clearly defined channel does not exist; c. The path of flooding is unpredictable and indeterminate; and, d. Velocity flow may be evident.; AO is characterized as sheet flow and AH indicates poriding and includes a base flood elevation:. "Area of Special Flood Hazard" means the land in the flood plain within a community subject to a one percent or greater chance of flooding means'. any given year. Designation on maps always includes the letters A or V. "Base Flood" means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100-year flood." Designation on maps always includes the letters A or V. "Basement" means any area of the building having its floor sub-grade (below ground level) on all sides. "Breakaway Wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. "Critical Facility" means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste. "Cumulative Substantial Damage" means flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. i Page 10 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 "Elevated Building" means for insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. "Elevation Certificate" means the official form (FEMA Form 81-31) used to track development, provide elevation information necessary to ensure compliance with community floodplain management ordinances, and determine the proper insurance premium rate with Section B completed by Community Officials. "Existing Manufactured Home Parts or Subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations. "Expansion to an existing Manufactured Home Park or Subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of inland or tidal waters and/or b. The unusual and rapid accumulation of runoff of surface waters from any source. "Flood Insurance Rate Map (FIRM)' means the official map on which the Federal Insurance ~ Administration has delineated both the areas of special flood hazards and the risk premium zones f% applicable to the community. "Flood Insurance Study (FIS)" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. "Flood Storage Aiea" means floodplain areas designated on the FIRM where the storage and infiltration of floodwater has been taken into account in reducing flood discharges. Storage areas may include floodwater conveyance or floodway characteristics. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the' base flood without cumulatively increasing the water surface elevation more than one foot. "Infiltration" means the infiltration of floodwater into the ground which may be taken into account in reducing flood discharges. "Lowest Floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is equipped with adequate flood-ventilation openings specified in 21.30.060 3.a.ii of this title. "Manufactured Home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a 'recreational vehicle." "Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Page 11 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 "New Construction" means structures for which the "start of construction" commenced on or after the effective date of this ordinance. "New Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations. "Recreational Vehicle" means a vehicle which-is: . a. Built on a single chassis; b. 400 square feet or less when measured at the largest horizontal projection; c. Designed to be self-propelled or permanently towable by a light duty truck; and d. Designed primarily not for use as a permanent dwelling but as temporaryliving quarters for recreational, camping, travel, or seasonal use. "Start of Construction" includes substantial improvement, and, means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage:, of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include thie installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. `Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground. 'Substantial Damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial Improvements means any repair, reconstruction, or improvement of a structure, the cost of which equals'or exceeds 50 percent of the market value of the structure either: a. Before the improvement or repair is started; or b. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: a. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or b. Any alteration of a structure listed on the National Register of Historic Places or a State _ Inventory of Historic Places. Page 12 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 "Variance" means a grant of relief from the specific requirements of this chapter which permits construction in a manner that would otherwise be prohibited. "Water Dependent" means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. 21.30.020 Basis for Establishing Areas of Special Flood Hazard The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study Spokane County" dated May 17, 1988, and any revisions thereto, with an accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto, are hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study and the FIRM are on file at the office of the Spokane Valley Floodplain Administrator. 21.30.030 Compliance & Enforcement No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter. Enforcement procedures for violations of this chapter shall be in conformance with SVUDC 17.60. 21.30.035 Abrogation and Greater Restrictions This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 21.30.040 Interpretation In the interpretation and application of this ordinance, all provisions shall be: 1. Considered as minimum requirements; J 2. Liberally construed in favor of the governing body; and, 3. Deemed neither to limit nor repeal any other powers granted under State statutes. 21.30.045 Warning & Disclaimer of Liability The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Spokane Valley, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. 21.30.050. Administration 1. Development Permit Required: A development permit shall be obtained before construction or development begins within any area of special flood hazard established in this chapter. The permit shall be for all structures including manufactured homes, as set forth in the 'DEFINITIONS," and for all development including fill and other activities, also as set forth in the 'DEFINITIONS." 2. Application for Development Permit: Application for a development permit shall be made on forms furnished by the City and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: Page 13 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 a. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certificate (FF 81-31) with Section B completed by the local official; b. Elevation in relation to mean sea level to which any structure has been flood-proofed; c. Certification by a registered professional engineer or architect that the flood-proofing methods for any nonresidential structure meet the flood-proofing criteria in 21.30.060.3.b. and d. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. 3. Designation of the Local Administrator: The Community Development Director is hereby designated as Floodplain Administrator and appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. 4. Duties and Responsibilities of the Local Administratorshall incl de, but not be limited to: a. Review all development permits to determine that the permit requirements of this ordinance have been satisfied. b. Review all development permits to determine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required. c. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of 21.30.060.f. are met. d. When base flood elevation data has not been provided (A and V Zones) in accordance with SVMC 21.30.020 Basis for Establishing the Areas of Special Flood Hazard, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Sections 21.30.060.3. Specific Standards, and 21.30.060.f. Floodways. e. Where base flood elevation data\is_provided through the Flood Insurance Study, FIRM, or required as in subsection d above, the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement shall be recorded on a current elevation certificate (FF 81-31) with Section B completed by the local administrator. f. For all new or substantially improved flood-proofed structures where base flood elevation data is provided through the Flood Insurance Study, FIRM, or as required in subsection d. above, the local administrator shall: i. Obtain and record the elevation (in relation to mean sea level) to which the structure was flood-proofed and ii. Maintain the flood-proofing certifications required in 21.30.050 section 2c. above. iii. Maintain for public inspection all records pertaining to the provisions of this chapter, g. The local administrator shall i. Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. Page 14 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 . ii. Require that maintenance is provided within the altered or relocated portion of J said watercourse so that the flood carrying capacity is not diminished. h. The local administrator shall make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the interpretation of the Floodplain Administrator in relation to the boundary shall be given a reasonable opportunity to appeal pursuant to the procedures outlined in SVMC 17.50 Appeals. i. The local administrator is expressly authorized to require compliance with all federal and state permit requirements, and may require Letters of Map Amendment (LOMA) and Conditional Letters of Map Revision (CLOMR). 21.30.055 Variances 1. Decision on variances. a. The duly appointed Hearing Examiner shall hear and decide requests for variances from the requirements of this section following notice of not less than fifteen (15) days and public hearing. The contents of the appeal shall be as set forth in SVMC 17.50.040. Appeal procedures shall be as set forth in SVMC 17.50.060. The decision or determination of the Hearing Examiner shall be final unless appealed pursuant to RCW 36.70C. b. In passing upon such applications, the Hearing Examiner shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: i. The danger that materials may be swept onto other lands to the injury of others; ii. The danger to life and property due to flooding or erosion damage; iii. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; iv. The importance of the services provided by the proposed facility to the community; v. The necessity to the facility of a waterfront location, where applicable; vi. The availability' of alternative locations for the proposed use which are not subject to flooding or erosion damage; vii. The compat bility "of the proposed use with existing and anticipated development; viii. The relationship of the proposed use to the comprehensive plan and flood plain management program for that area; ix. The safety of access to the property in times of flood for ordinary and emergency vehicles; x. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, xi. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. Page 15 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 b. Upon consideration of the factors and the purposes of this ordinance, the Hearing Examiner may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. The City shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. 2. Conditions for Variances a. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (i-xi) in Section 21.30.055.1.a. have been fully considered. As the lot size increases the technical justification required for issuing the variance increases. b. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section. c. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. d. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. e. Variances shall only be issued upon: i. A showing of good and sufficient cause, pursuant to Section 21.30.055.1.a of this chapter; ii. A- determination that failure to grant the variance would result in exceptional hardship to the applicant; iii. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing* local laws or ordinances. f. Variances as interpreted in the'National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. g. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of flood-proofing than watertight or dry-flood-proofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except 21.30.055.2.a, and otherwise complies with Sections 21.30.060 subsections a., b. and c. of the General Standards. h. Any applicant to whom a variance is granted shall be given written notice that the structure-will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. i. Any appeal of a decision or determination of the local administrator is a decision on a Type II application. An appeal of the decision shall be made pursuant to SVMC 17.50. Page 16 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 0 21.30.060. Provisions for Flood Hazard Reduction 1. General Standards In all areas of special flood hazards, the following standards are required: a. Anchoring i. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. ii. Where permitted pursuant to Section 5 below, all manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). i b. AH-Zone Drainage Adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures. C. Construction Materials and Methods i. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. ii. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. J iii. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. d. Utilities i. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems; ii. The proposed water well shall be located on high ground that is not in the floodway (WAC 173-160-171); iii. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; and, iv. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. e. Subdivision and Other Proposed Developments i. All development proposals shall be consistent with the need to minimize flood damage; ii. All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage; Page 17 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 iii. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and, iv.. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated by a civil engineer licensed in the state of Washington for all short subdivision and subdivision proposals and binding site plans. v. Pursuant to RCW 58.17.120, no plat shall be approved for any land situated within the 100-year floodplain as provided RCW 86.16 without the prior written approval of the department of ecology of the State of Washington. 2. Review of Building Permits Where elevation data is not available either through the Flood Insurance Study, FIRM, or from another authoritative source, applications for building `permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is the Floodplain Administrator's judgment and includes; but is not limited to use of historical data, high water marks, photographs of past flooding, etc., where available. The Floodplain Administrator may require the applicant to locate the lowest floor at least two feet above the highest adjacent natural ground surface. Failure to elevate at least two feet above the highest adjacent natural ground surface in these zones may result in higher insurance rates. 3. Specific Standards In all areas of special flood hazards where base flood elevation data has been provided (Zones Al-30, AH, and AE) as set forth in,21.30.020, Basis for Establishing the Areas of Special Floodplain Hazard, or Section 21.30.050.d. relating to use of Other Base Flood Data, the following provisions are required: a. Residential Construction i. New`construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation. ii.~ Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a professional engineer or architect licensed in the state of Washington or must meet or exceed the following minimum criteria: (a) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (b) The bottom of all openings shall be no higher than one foot above grade. (c) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. b. Non-residential Construction New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated Page 18 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 one foot or more above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: L Be flood-proofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; iii. Be certified by a professional engineer or architect licensed in the state of Washington that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. iv. Nonresidential structures that are elevated, riot flood-proofed, must meet the same standards for space below the lowest floor. v. Applicants flood-proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood-proofed level (e.g. a building flood-proofed to the base flood level will be rated as one foot below). c. Manufactured Homes All manufactured homes in the floodplain to be placed or substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood elevation and shall be securely anchored to a permanent foundation system to resist flotation, collapse and lateral movement; provided however that manufactured homes to be placed on substantially improved sites in an existing manufactured home park or subdivision which has not experienced substantial damage as a result of flooding shall be elevated so that either: i. The bottom of the crawl space of the manufactured home is elevated one foot or more above the base flood elevation, or ii. The manufactured home chassis is supported by reinforced piers or other foundation elements'of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement., d. Recreational Vehicles Recreational vehicles placed on sites are required to either: i. Be on the site for fewer than 180 consecutive days, ii. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or e. AE and Al-30 Zones with Base Flood Elevations but no Floodways i. In areas where a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. Page 19 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 ii. In the unnumbered A zones, the development may not increase the water surface elevation of the base flood by more than one (1) foot at any point. iii. In the A zones where base flood elevations have been provided, but floodways have not been established, the development may not increase the surface water elevation of the base flood by more than one-tenth (1/101h) of a foot at any point. iv. All adjacent or other property owners impacted by the development within the floodplain must give their written, notarized approval for ANY increased base flood elevations upon their property. f. A Zones with Base Flood Elevations and Floodways Established In the A zones where base flood elevations have been provided and floodways have been established, the development may not increase the surface water elevation of the base flood at any point. g. Floodways Located within areas of special flood hazard are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: i. Prohibit encroachments, including fill, 'new construction, substantial improvements, and other development unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge. ii. Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or to structures identified as historic places may_be included in the 50 percent. iii.' If the provisions of this section are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of 21.30.060 PROVISIONS FOR FLOOD HAZARD REDUCTION. h. Water Dependent Works For water-dependent utilities and other installations which by their very nature must be in the flood fringe and/or floodway (such uses as, but not limited to, roads, bridges, marinas, dams for domestictindustrial water supply, flood control and/or hydroelectric production; water diversion structures and facilities for water supply, irrigation, and/or fisheries enhancement; flood water and drainage pumping plants and facilities; hydroelectric generating facilities and appurtenant structures; structural and nonstructural flood damage reduction facilities, and stream bank stabilization structures and practices), these provisions apply: Page 20 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 i. The applicant shall supply convincing evidence that a flood fringe and/or floodway ! location is necessary in view of the objectives of the proposal and provided further that the proposal is consistent with other provisions of this title and relevant local, state and federal regulations. ii. In all instances of locating utilities and other installations in floodway locations, project design must incorporate flood-proofing certified by a professional civil engineer registered as such by the State of Washington to be capable of withstanding 100-year flood flows and velocities. iii. For any works that impound water, the applicant shall provide documentation of easements, flowage rights or ownership of the impoundment area and certification by a professional civil engineer registered as such bydhe State of Washington that the works will cause no increase in the 100-year flood elevation outside the impoundment areas and that the works and associated impoundment area will not impair the ability of natural drainageways to drain floodwaters adequately during a flooding event. h. Standards for Shallow Flooding Areas (AO Zones) \ Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from 1 to 3 feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply: / . "I, i. New construction and substantial improvements, of residential structures and manufactured homes within AO zones shall have the lowest floor (including basement) elevated above the highest adjacent grade to the structure, one foot or more above the depth number specified in feet on the community's FIRM (at least three feet above the highest adjacent grade to the structure if no depth number is specified). ii. New construction and substantial improvements of nonresidential structures within AO zones shall either: (a) Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least three feet if no depth number is specified), or (b) Together with 'attendant utility and sanitary facilities, be completely flood proofed to or above that level so that any space below that level is watertight with walls substantially, impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect. iii. Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. iv. Recreational vehicles placed on sites within AO Zones on the community's FIRM either: (a) Be on the site for fewer than 180 consecutive days, (b) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, Page 21 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 and has no permanently attached additions. 21.30.070. Additional Requirements 1. In all storage areas designated on the FIRM, there shall be no net loss of flood storage or infiltration capacity. 2. No development shall be allowed which removes flood storage volume unless an equal volume of storage as defined by the pre-development ground surface and the base flood elevation is provided in the immediate area of the proposed development tocompensate for the volume of storage which is lost (compensatory storage). Excavation below the ground water table shall not constitute an equal volume of storage. 3. No obstruction shall be permitted in any storage area which restricts or diminishes floodwater conveyance capacity or floodway characteristics. 21.30.075 Critical Facilities Construction of new critical facilities shall be, to the extent possible, located outside the limits of the Special Flood Hazard Area (SFHA) (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is'available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the 500- year flood (Shaded Zone X), whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Flood-proofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible." 21.40 Critical Areas WAC 365-195-410.requires that critical areas be designated and that regulations to protect them be adopted. Critical areas include wetlands, areas of critical recharging effect on aquifers used for potable water; fish and wildlife habitat conservation areas, frequently flooded areas; and geologically hazardous areas. 21.40.010 Wetlands. 1. Wetland Classification & Rating The following rating system, adapted from the State Department of Ecology publication, Washington State Wetlands Rating System for Eastern Washington, as amended. a. Category 1 Wetlands. Wetlands which meet at least one of the following criteria: L Documented habitat for endangered or threatened fish or animal species or for potentially extirpated plant species recognized by state or federal agencies; ii. Wetlands which: (a) Are equal to or greater than five acres in size; and (b) Have three or more wetland classes; and (c) Have an open water component at least one-half acre in area, or comprising at least ten percent of the total area of the wetland. iii. High quality, regionally rare wetland communities with irreplaceable ecological functions which may include sphagnum bogs, fens and forested wetlands occurring on organic soils. Page 22 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 b. Category 2 Wetlands. Wetlands which meet any of the following criteria, and which are not J Category 1 wetlands: i. Wetlands containing documented habitat for sensitive plant, fish or animal species listed by state or federal agencies of jurisdiction. ii. Wetlands which: i. Are equal to or greater than one acre in size; and ii. Have forty percent to sixty percent open water in dispersed patches; and iii. Have two or more wetland vegetative classes (a vegetative class must be at least one-half acre in size or comprise at least ten percent of the entire wetland). c. Category 3 Wetlands. Wetlands which are not Categories 1, 2, or 4 wetlands and are vernal wetland systems found in low annual rainfall areas (les's than eighteen inches). d. Category 4 Wetlands. Wetlands which are not Category 1 or Category 2 wetlands and which: i. Are equal to or less than one acre in size, hydrologically isolated; and include one vegetated class and more than ninety percent of the aria) cover in any combination of Soft rush (Juncus effusus), Hard hack (Spiraea douglasii) or Cattail (Typha latifolia); or ii. Are less than two acres, hydrologically isolated, with one vegetated class and more than ninety percent of arial cover is any combination of species from the list in Table 7 of Washington State Wetlands Rating System for Eastern Washington. 2. Wetland Buffer Areas a. Wetland buffer areas shall be required for'all regulated uses and activities adjacent to wetlands. Any wetland created, restored or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored, or enhanced wetland. All buffer's shall be measured from the wetland boundary as determined in the field. The minimum width of the wetland buffer area shall be determined by the classification as follows: _ j Wetland Minimum Buffer Category Area (in feet) 1 200 2 150 ;l 3 75 ~ l 4 25 b. Additional buffer area width may be required by the Director if: i. The wetland includes a plant or animal species listed by the federal government or the state as endangered, threatened, candidate, sensitive, monitored or documented priority species or habitats, or essential or outstanding habitat for those species or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees; or ii. The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse wetland impacts; or iii. The adjacent land has minimal vegetative cover or slopes greater than thirty percent. c. Reduction of Standard Wetland Buffer Area Width. The standard wetland buffer area width may be reduced on a case-by-case basis by the director if: Page 23 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 i. The adjacent land has a high quality vegetative buffer, has less than fifteen percent slopes, and no direct or indirect, short-term or long-term, adverse impacts to wetlands will result from a regulated activity. Long-term monitoring of the project and subsequent corrective actions may be required if adverse impacts to wetlands are discovered; or ii. The project includes a buffer enhancement plan that improves the functional attributes of the buffer. An enhanced buffer shall not result in greater than a twenty-five percent reduction in the buffer width or be less than twenty-five feet. d. Standard Buffer Width Averaging. Standard wetland buffer areas may be modified by averaging buffer widths or a combination of averaging and reduction if- i. Averaging will provide the necessary biological, chemical and physical support necessary to protect the wetland; and ii. The wetland contains variations in sensitivity due to existing physical characteristics which justify the averaging; and iii. The land uses causing the least disturbance would be located adjacent to areas where the buffer width is reduced, and that such land uses are guaranteed in perpetuity by covenant, deed restriction, easement, or other legally binding mechanism; iv. The total area contained within the wetland buffer after averaging is no less than that contained within the standard buffer prior to averaging. In no instance shall the buffer width be reduced by more than fifty percent of the standard buffer or be less than twenty-five feet. cifed wetland buffer areas shall be e. Wetland Buffer Maintenance. Except as p retained in their natural condition. Where buffer disturbances have occurred before or during construction, re-vegetation with native vegetation shall be eequired. 3. Wetland Mitigation & Restoration. Any wetland lost or degraded as a result of human activity shall require an approved Wetland Mitigation Plan, prepared by a qualified ecologist and approved by the Washington Department of Ecology, including one or more of the following measures: a. Wetland acreage replacement according to the following: Impacted Wetland Wetland Replacement Ratios Category 1 1:6 Category 2 or 3 Forested 1:3 Scrub-shrub 1:3 Emergent 1:1.5 Category 4 1:1.25 b. Wetland enhancement on-site in lieu of replacement for wetland categories 2, 3 and 4, provided that: i. Replacement ratio is not less than 1:1; and ii. Enhancement results in an improved wetland classification c. Wetland enhancement off-site if: iii. The hydrology and ecosystem of the original wetland and those who benefit from the hydrology and ecosystem will not be substantially damaged by the loss within that primary drainage basin; and Page 24 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 iv. On-site mitigation is not scientifically feasible due to problems with hydrology, soils, or J) other factors such as other potentially adverse impacts from surrounding land uses; or v. Existing functional values off-site are significantly greater than lost wetland functional values; or vi. Established goals for flood storage, flood conveyance, habitat or other wetland functions have been established and strongly justify off-site location of mitigation measures. 4. Permits Required. A permit shall be required for all development which affects wetlands or, wetland buffers. The permit shall specify: a. The timing and conditions of mitigation, restoration or enhancement; b. Requirements for title notice, conservation easements or plat dedication; c. Access limitations and fencing, if required; d. Temporary and permanent signage; and e. Requirements for staking of wetland and buffers prior' to development. 21.40.020 Fish and Wildlife Habitat Conservation Areas: 1. Priority Habitats. Priority habitats within Spokane Valley are illustrated in the 2006-2026 Comprehensive Plan, as it may be amended from time to time, and include wetlands, riparian, urban open space, and the habitat of native species, as defined in Appendix GA". The status of individual species is included in the Washington Department'of Fish and Wildlife Management Recommendations for Priority Species and in WAC 232.12. 2. Water bodies are classified by the Washington Department of Natural Resources as follows: a. "Type S Water" means all waters, within their bankfull width, as inventoried as "shorelines of the state" under chapter 90.58 RCW and the rules promulgated pursuant to chapter 90.58 RCW including periodically inundated areas of their associated wetlands. b. "Type F Water" means segments of natural waters other than Type S Waters, which are within the bankfull widths of defined channels and periodically inundated areas of their associated wetlands, or with n lakes, ponds, or impoundments having a surface area of 0.5 acre or greater at seasonal low water and which in any case contain fish habitat or are described by one of the following four categories: i. Waters, which are'diverted for domestic use by more than 10 residential or camping units or by a public accommodation facility licensed to serve more than 10 persons, where such diversion is determined by the department to be a valid appropriation of water and the only practical water source for such users. Such waters shall be considered to be Type F Water upstream from the point of such diversion for 1,500 feet or until the drainage area is reduced by 50 percent, whichever is less; ii. Waters, which are diverted for use by federal, state, tribal or private fish hatcheries. Such waters shall be considered Type F Water upstream from the point of diversion for 1,500 feet, including tributaries if highly significant for protection of downstream water quality. The department may allow additional harvest beyond the requirements of Type F Water designation provided the department determines after a.landowner- requested on-site assessment by the department of fish and wildlife, department of ecology, the affected tribes and interested parties that: Page 25 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 (a) The management practices proposed by the landowner will adequately protect water quality for the fish hatchery; and (b) Such additional harvest meets the requirements of the water type designation that would apply in the absence of the hatchery; iii. Waters, which are within a federal, state, local, or private campground having more than 10 camping units: Provided, That the water shall not be considered to enter a campground until it reaches the boundary of the park lands available for public use and comes within 100 feet of a camping unit, trail or other park improvement; iv. Riverine ponds, wall-based channels, and other channel features that are used by fish for off-channel habitat. These areas are critical to the maintenance of optimum survival of fish. This habitat shall be identified based on the following criteria: (a) The site must be connected to a fish habitat stream and accessible during some period of the year; and (b) The off-channel water must be accessible to fish. a. "Type Np Water" means all segments of natural waters within the bankfull width of defined channels that are perennial non-fish habitat streams. Perennial streams are waters that do not go dry any time of a year of normal rainfall. However, for the purpose of water typing, Type Np Waters include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow. If the uppermost point of perennial flow cannot be identified with simple, non-technical observations then Type Np Waters begin at a point along the channel where the contributing basin area is:at least 300 acres. b. "Type Ns Water" means all segments of natural waters within the bankfull width of the defined channels that are not Type S, F, or Np Waters. These are seasonal, non-fish habitat streams in which surface flow is not present for at least some portion of a year of normal rainfall and are not located downstream from any stream reach that is a Type Np Water. Ns Waters must be physically connected by an above-ground channel system to Type S, F, or Np Waters. 2. Riparian'Management Zones (RMZs) include three zones (measured horizontally in feet from the outer edge of the bankfull width or channel migration zone, whichever is greater) established in the following tables 21-1 and 21-2 and zone regulations. Outer zone requirements for S and F stream types are based on DNR Eastern Washington 100-year site index range summarized as follows: Site Class 100-year site Index Range 1 120+ II 101-120 111 81-100 IV 61-80 V 560 Page 26 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 Table 21-1 Ri arian Management Zones for Streams less than 15 feet in width, bankfull Site Class Core Zone Inner zone Outer Zone Other Total width Type S - Shorelines of the State 1 30' 45' 55 n/a 130 11 30' 45' 35 n1a 110 111 30' 45' 15 n1a 90 IV 30' 45' 0 nfa 75 V 30' 45' 0 nla 75 I Type F - Natural waters NOT classified as Shorelines of the State with fish 1 30' 45' 55 n1a j 130 II 30' 45' 35 n1a 110 III 30' 45' 15 n1a 90 IV 30' 45' 0 n1a 75 ~l V 30' 45' 0 n1a 75 All Type Np - Non-fish-perennial 50 50 All Type Ns - Non-fish Seasonal 30' 30 Table 21-2 Riparian Mana ement Zones for Streams,.'reater than 15 feet-in width, bankfull Outer Zone Other 1 Total width Site Class Core Zone Inner Zone I Type S - Shorelines of the State I 30' 70 30 n/a 130 II 30' 70 10 - n/a 110 111 30' 70 0 n/a 90 IV 30' 70 0 Iva 75 V 30' 70 0 va 75 Type F -'Natural waters NOT classified as Shorelines of the State %-4th fish I 30' 70 30 n1a 130 II 30' 70 10 nla 110 III 30' 70 0 n1a 100 IV 30' 70 0 n1a 100 V 30' 70 0 n1a 100 All Type Np - Non-fish-perennial 50 50 All Type Ns - Non-fish Seasonal 302 30 a. Core zones. The core zone extends 30 feet measured horizontally from the edge of the bankfull width or outer edge of the CMZ, whichever is greater, for all timber habitat types. No harvest or construction is allowed in the core zone except as otherwise provided in WAC 222-30-020. Any trees cut for or damaged by yarding corridors must be left on site. Any 1 Equipment Limitation Zone z Equipment Limitation Zone Page 27 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 trees cut as a result of road construction to cross a stream may be removed from the site unless used as part of a large woody debris replacement strategy. b. Inner zones. Width and leave tree requirements of the inner zone vary by timber habitat type specified in WAC 222-30-020. c. Outer zones. This zone has three categories based on timber habitat type: Ponderosa pine, mixed conifer and high elevation. The width of this zone is 0 to 55 feet measured horizontally from the outer edge of the inner zone depending on the site class and stream width. 2. The shade requirements in WAC 222-30-040 must be met regardless of harvest opportunities provided in the inner zone RMZ rules. 3. An equipment limitation zone is a 30-foot wide zone measured horizontally from the outer edge of bankfull width of a Type Np or Ns Water where equipment is limited. It applies to all perennial and seasonal streams. On-site mitigation shall be required where ground based equipment; skid trails or stream crossings other than existing roads exposes the soil more than 10% of the surface area of the zone. Mitigation must be designed to replace the equivalent of lost functions, especially prevention of sediment delivery. Examples include water bars, grass seeding, mulching, etc. 4. Except as otherwise specified, riparian areas shall be retained in their natural condition. Riparian vegetation in buffer areas shall not be removed except in the case of fire or disease unless there is no alternative. For lots or parcels with water frontage on Type 2 or 3 waters, one view/access corridor to the ordinary high water mark may be cleared of riparian vegetation as long as the view/access corridor does not exceed a width of twenty-five feet. 5. None of the limitations on harvest in each of the three zones listed below will preclude or limit the construction and maintenance of roads for the purpose of crossing streams in accordance with WAC 222-24-030 and 222-24-050, or the creation and use of yarding corridors in accordance with WAC 222-30-060(1). Roads within riparian buffer areas shall be kept to a minimum and shall not run parallel to the water body. Crossings where necessary, shall cross riparian areas at as near right angles as possible. If no alternative exists to placement of a roadway within a riparian area, mitigation may be required. Mitigation measures shall be specified in a management plan and may include, but are not limited to: a. Fencing of riparian buffer area to protect remaining vegetation; and b. Enhancement of remaining riparian buffer area through planting of native vegetation. c. Water crossings must be approved by the Washington State Department of Fish and Wildlife (WAC 75.20.100). 6. Equestrian pedestrian/bike trails shall be set back fifty feet from the ordinary high water mark and shall be a maximum of fourteen feet in width. 7. Off-road motorized vehicle use in riparian buffers areas is prohibited. 8. All development proposals shall follow the bald eagle protection rules (RCW 77.12.655 and WAC 232.12.292), as now or hereafter amended, when the proposal is likely to have a direct impact on the habitat of the bald eagle. 21.40.021 Adjustment of Habitat Buffer Areas 1. Habitat buffer areas may be reduced by the Director up to a maximum of 25% if: a. A riparian buffer area is fenced to prevent damage to vegetation by livestock along its entire length; or Page 28 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 b. A riparian buffer area is enhanced using native plants including trees and shrubs according to a plan prepared in consultation with the Spokane County Soil Conservation District and the Washington State Department of Fish and Wildlife. c. This provision does not diminish the 200 foot buffer requirement applicable to Shorelines of Statewide Significance. d. Habitat buffer areas may be increased by the Director up to a maximum of 25% if: i. The land adjacent to the water is susceptible to severe erosion and other erosion control measures will not prevent adverse impacts. ii. The land adjacent to the water has minimal vegetative cover or slopes greater than thirty percent. e. Habitat buffer areas may be modified by the Director if: i. Averaging will provide the necessary biological, chemical and physical support necessary to protect the fish and wildlife;, and ii. The riparian area contains variations in sensitivity due to existing physical characteristics which justify the averaging,, or iii. The land uses causing the least disturbance would be located adjacent to areas where the buffer width is reduced and that such land uses are guaranteed in perpetuity by covenant, deed restriction easement or other legally binding mechanism; iv. The total area contained within the buffer after averaging is no less than that 1 contained within the standard buffer prior to averaging. 3. Habitat Management Plan Required. , A Habitat Management Plan shall be certified by a qualified biologist, reviewed by the Washington Department of Fish & Wildlife and approved in writing by the Director. The Plan shall include: a. A description of the nature, density and intensity of the proposed use or activity in sufficient detail to allow analysis of such land use change upon identified wildlife habitat, b/ An analysis of the effect of the proposed use or activity upon fish and wildlife species and their habitats, identified within the priority habitat and species program. c. A plan which explains how the applicant will avoid, minimize or mitigate adverse impacts to fish and/or wildlife habitats created by the proposed use or activity. d. Habitat management recommendations, including potential uses and restrictions of the habitat areas, seasonally sensitive areas and other guidelines necessary for the protection of the species; e. Proposed provisions for ensuring continued protection of habitat and habitat buffer areas. 21.40.030 Geologically Hazardous Areas. 1. Geologically hazardous areas include both erosion and landslide hazard areas where one or more of the following exist: a. A slope of thirty percent or greater; b. Soils identified by Natural Resource Conservation Service as having a severe potential for erosion (see Section 11.20.090(h) Appendix H); Page 29 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 c. Hydraulic factors such as existing on-site surface and groundwater or changes in hydraulic factors, caused by proposals that create a severe potential for erosion or landslide hazard; d. Areas that historically have been prone to landslide (areas adjacent to lakes, streams, springs) or any one of the following geologic formations: alluvium, landslide deposit, Latah formation; e. Areas of uncompacted fill; f. Areas that are unstable as a result of rapid stream or stream bank erosion. 2. Geo-Hazard Evaluation & Mitigation Plan Required. a. A geo-hazard mitigation plan, prepared by a qualified geo-technical engineer shall be prepared for building permits, road construction, utilities and storm drainage facility installations within a plats, short plats, geo-hazard area shall be submitted with any application for preliminary planned development projects, binding site plans; zone reclassifications, conditional use permits, variances, manufactured home park site plans or top soil removal permits located in geologic hazard areas. b. The geo-hazard evaluation shall document the extent and nature of geo-hazard on the subject property and shall provide mitigating measures and an assessment of geo-hazards associated with the proposal. c. A geo-hazard mitigation plan may be required at the time of building permit application or actual construction approvals. 21.40.040 Critical Aquifer Recharge Areas. 1. Classification of Aquifer Susceptibility. Critical aquifer fecharge areas have prevailing geologic conditions associated with infiltration rates that create a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water. a. Aquifer recharge areas are rated as having a high, moderate, or low susceptibility based on a scientific analysis of soils, hydraulic conductivity (the ease with which water moves between the surface and aquifers), annual rainfall, the depth to aquifers, the importance of the material between soils and aquifers (Vadose zone), and wellhead protection information. The Aquifer Susceptibility Map identifies these areas within Spokane Valley. b. Designated wellhead protection areas and areas within a one thousand-foot radius of wells without reported plans, are additionally treated as high-susceptibility areas. As wellhead protection plans are completed for wells, the one thousand-foot radius placeholder will be replaced by the Washington State Department of Health-certified wellhead protection area. c. Regulated Uses. The following uses and activities are subject to approval. Page 30 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 Uses and Activities regulated in Critical Susceptibility Susceptibility Susceptibility Aquifer Recharge Areas Rating High Rating Medium Rating Low Bio-solids land application A Critical Material storage, handling, ` generating or use Dairy .n, • q. s. Feed lot Peed mill • Floricultu relhorticu ltu re • Grazingicultivation ,F ..t. • Greenhouselnursery - commercial • Large Animal raising and/or keeping + 4. • Orchard/tree farm x ' • Poultiy-raising, commercial 4. Truck gardeningNineyard q. .t • • = PermMed without review Not permitted Hydro-geologic Study required. 4= Agricultural practices not accessory to a residential use that impact critical aquifer recharge areas shall be mitigated by having a conservation plan prepared and the subject property shall be required to comply with approved land management and/or conservation practices that protect groundwater, as set forth in the United States Department of Agriculture Natural Resource Conservation Service (NRCS) Technical Guides, and all local state and federal regulations and their amendments governing agricultural practices. ❖ Critical Materials Storage, Handling, Generating or Use requires: 1. All facilities related to the use of critical materials shall be designed so that: i a. Any spilled or leaked critical materials are contained on site; b. Any spilled or leaked critical materials cannot infiltrate into the ground; and c. No disposal of any waste` containing critical materials shall be alloyed on silo. 2. Stomswater facilities shall be designed so that: a. Mingling of stonrrwater and spilled critical materials is prevented; and b. Spill cleanup procedures are enhanced. 3. Underground storage tanks used for containing critical material in accordance with a. Surface or subsurface disposal of a critical material is prohibited. 0 Publ c sewer services consistent with concurrency requirements set forth in the Spokane County comprehensive plan and the Spokane County zoning code, or as amended, are required for all new residential and nonresidential uses. d. If a parcel lies within two or more susceptibility rating designations, the higher susceptibility rating designation shall apply to the whole parcel. e. When there are low susceptibility areas hydrologically connected to medium and high- susceptibility areas, the regulations for medium or high susceptibility areas apply. f. Development shall provide for the treatment of stormwater run-off from impervious surfaces in a manner consistent with Spokane Valley requirements and the Stormwater Management Manual for Eastern Washington. g. Enforcement procedures for violations of this chapter shall be in conformance with SVUDC 17.60. Page 31 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 21.50. Shoreline Management & Restoration Program 21.50.010 Purpose & Applicability. The purpose of these regulations is to manage shoreline resources within the City of Spokane Valley in conformance with the Spokane Valley Comprehensive Plan, Spokane Valley Shoreline Management and Restoration Program and state policies applicable to Shorelines of Statewide Significance (RCW 90.58.020 Shorelines of the State, and shoreland areas. 21.50.020 Land Uses. 1. Land uses within shoreline environments may be permitted, limited or conditioned as follows: Environment U N G Permitted Uses Z Z c c c v 7 [`D C A G L ~ 4' ~W 7 O 'n O ~ L Z W U M) U Commercial Uses • Non-water Recreation • Water-related recreation • • • • • Water-related Commercial • Water-related Industry Roads i • Utility Corridor • • Parking C C C _ • • Single Family Residential C I , • • Multi-family Residential • Mining C C C C C Ever-water structures L L L L L L Limited C Conditional • Permitted i Not Permitted 2. Limited Uses: a- New over-water structures shall be allowed only for water-dependent uses, public access, or ecological restoration. The size of new over-water structures shall be limited to the minimum necessary to support the structure's intended use. b. All developments and uses on navigable waters or their beds shall be located and designed to minimize interference with surface navigation and public access, should consider impacts to public views, and allow for the safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration. c. Boathouses are prohibited. Use of over-water improvements and floating structures as a residence is prohibited. d. Except for permitted marinas, docks, and bridges, no over-water structure shall be erected in shoreline areas unless it is consistent with all applicable requirements in this regulation and the goals and policies of the Comprehensive Plan. e. Docks serving individual residential properties are prohibited; docks serving two or more residential properties may be permitted provided adequate legal security to establish the right of continued use is established; Page 32 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 3. Conditional Uses. a. Conditional uses authorized by the Hearing Examiner shall not result in any loss of ecological function. The Hearing Examiner may prescribe methods, timelines and such other conditions as may be necessary to preserve ecological function and land use compatibility. Any failure to comply with the conditions imposed by the Hearing Examiner will result in the automatic revocation of the permit. b. Mining of sand, gravel, soil, or minerals is permitted landward of the ordinary high water mark only as a conditional use, provided the following conditions are met: i. The provisions of the Surface Mining Act, Chapter 78.44 RCW and WAC 334-18 shall be met for any surface mining, including that which affects less than 3 acres or produces less than 10,000 tons in any 12 month period. Where surface mining is not subject to the RCW 78.44 permit process the shorelines substantial development permit process shall be utilized to require compliance to surface mining provisions of RCW 78.44 ii. Surface drainage and wastes resulting from mining operations shall not be discharged into streams or water bodies without treatment to remove suspended solids and organic matter consistent with applicable local, state and federal pollution control and water quality regulations. iii. Cleaning, sorting, separation, and storage operations shall not be conducted within 100 feet of the ordinary high water mark. c. Parking. No more than 10 percent of the portion of property within a shoreline area shall be occupied by impervious improvements. d. Single Family Residential. i. No residential or accessory structure shall be erected within 50 feet of the ordinary high-water mark. ii. ,No residential or accessory structure in the shoreline area shall exceed 35 feet in height. fi. No on-site wastewater disposal systems serving new single family dwellings shall be permitted within 200 feet of the ordinary high water mark. Existing single family dwellings within 200 feet of the ordinary high water mark shall connect immediately to a public wastewater collection located within 300 feet of the property. 4. Permitted Uses. a. All uses and activities shall preserve or restore natural resources including vegetation, wildlife habitat, or aquatic life and other sensitive resource features which are intolerant of human activity. b. There shall be no net loss of shoreline ecological functions as a result of new development. Where applicable, new development shall include environmental cleanup and restoration of the shoreline to comply in accordance with any relevant state and federal law. c. The alteration of a shoreline to create additional shoreline area is prohibited. d. All new uses and activities or redevelopment of existing uses shall not reduce existing public access. e. No structure in the shoreline area shall exceed 35 feet in height above the average elevation, except where additional height is specifically authorized. Page 33 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 f. No structure shall be erected within 50 feet of the ordinary high water mark, except for bridge approaches and bridges, marinas, docks, or buildings related to water dependent recreation developments or other uses proven to be otherwise necessary in the public interest and specifically authorized as exceptions by the use regulation. g. All areas cleared of vegetation not covered by structures or impervious surfacing shall be restored. h. Slash and debris and other waste products resulting from a use activity or land clearing activity shall be removed from the shoreline area immediately following cessation of said activity, as limited by the provisions of WAC 222-30-020 and SVMC 21.40.020. Debris and waste products shall not enter into the water and interfere with the regeneration of forest vegetation. All burning shall comply with Spokane County Air Pollution Control Agency requirements. i. No more than 10 percent of the portion of property within a shoreline area shall be occupied by impervious improvements. j. Tillage and application of fertilizers and chemical pesticides within 50 feet of the ordinary high water mark is prohibited. k. A 50-foot or greater buffer strip of natural vegetation shall be maintained along the waterfront to prevent erosion and protect water quality and fish habitat, except as explicitly provided for:: i. pathways providing access to the water or to access an allowed dock, or ii. access to watercraft launches available for use by the general public, or iii. removal of noxious weeds which does not result in a net-loss of shoreline ecological function or cause degradation of water quality. 21.50.30 Specific Provisions 1. Signs. a. On-premises business identification signs shall be designed to blend in with the natural environment and shall be affixed to the portion of the business structure facing away from the water, and shall not exceed 20 square feet. b. Signs erected by government agencies required to provide direction, protect the public health, safety, and general welfare shall not exceed 20 square feet in area and shall be designed to minimize the visual impact to the shoreline area.. c. Signs shall not obstruct views of the shoreline from the surface of water, and except for navigational aids, no light source of any sign shall be visible from the surface of the water. Only signs required for navigation or as directional signs to inform boaters of services, such as fuel and moorage, and type of business, and government agency signs shall be visible from the shoreline area or the surface of the water. d. Signs shall not extend beyond the face of a building or above its roofline. e. Signs shall not move or rotate or have lights which blink or flash on and off intermittently. 2. Utilities. a. Ground percolation areas or drainage swales are prohibited within 50 feet of the ordinary high water mark. Page 34 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 b. Community water treatment or community wastewater treatment facilities shall not be located within 200 feet of the ordinary high-water mark. On-site.systems serving existing single family dwelling shall be permitted until public collection systems are available within 300 feet of the property. Except for outfall lines, water/wastewater treatment facilities and collection lines shall not be located waterward of the ordinary high water mark. c. A transmission line may traverse a shoreline only when necessary to cross a stream or a lake when no reasonable alternative is available. Underground stream crossings shall be installed and shall enter and emerge to and from the ground not less than 50 feet landward of the ordinary high water mark. Facilities which constitute the final termination or destination of a transmission line shall not be located in any Shoreline Area, d. Transmission pipelines shall cross streams either by being constructed on public roadway bridges or by being constructed below-the stream bed. Underground transmission pipelines shall enter and emerge to and from the ground not less than ,50 feet landward of the ordinary high water mark. The construction of bridges solely for pipelines is prohibited. New transmission lines shall use preexisting utility easements, to the extent possible. e. Electric and communication cables shall be installed underground. Overhead electric transmission lines traversing "Shorelines of State-wide Significance" shall have their conductors marked with daytime obstruction markers wherever the spans through the Shoreline Area exceed 200 feet. f. In the High Intensity Environment, water related and water dependent industries which can justify a need for direct access to water may be permitted to erect buildings or other structures within 50 feet of the ordinary high-water mark. All other industrial development shall be set back a minimum of 50 feet from the ordinary high water mark and shall retain a 50-foot vegetation buffer. 3. Roadways a. Roads shall be maintained in a manner which prevents degradation of shoreline ecological functions. b. Landfills and end abutments for bridges shall be shall be placed landward of the Ordinary High Water Mar at an elevation above the 100 year flood event and designed so that the flow of floodwaters shall not be restricted. The design of landfills and end abutments for bridges over streams shall prevent the accumulation of debris upstream of the bridge. c. Except where such traffic is prohibited, bridges shall be designed to accommodate pedestrian and bicycle traffic. Where use of the bridge is less than 50 vehicles per day, the roadbed itself shall constitute such accommodation. Other roads shall provide a space not less than three feet iii width for the dedicated use of pedestrians, bicycles and animals. 4. Fill Fill may be permitted only in connection with the restoration or enhancement of shoreline ecological functions and where necessary in the interest of an overriding public necessity, provided that a. There is no net loss of ecological function; and b. Erosion control and bank stabilization measures are required; and c. No fill shall extend waterward of the Ordinary High Water Mark; and d. No fill shall be permitted within the limits of the 100 year flood event. Page 35 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 e. Dredging and disposal of dredging spoil may. be permitted only in connection with the restoration or enhancement of shoreline ecological functions, except as necessary for purposes of navigation, water-related recreation improvements or floodway maintenance, provided that: i. There is no adverse effect on water quality or riparian habitat; and ii. All dredging spoil and dredging equipment is removed within ten days of the completion of dredging operations. 5. Docks & Buoys a. Docks serving individual residential properties are prohibited; docks serving two or more residential properties may be permitted provided adequate legal security to establish the right of continued use is established; b. No new docks open to the general public may contain boat houses or storage structures; c. Docks may not interfere with stream navigation; d. Public access to the shoreline shall be maintained or improved. e. Floating buoys may be permitted if intended for public recreation, if needed for navigation, or if use is limited to the owner of property abutting the shoreline. 6. Shoreline Protection a. No existing bulkhead may be enlarged; b. Shoreline protection measures shall be approved by the Washington Department of Fish & Wildlife; c. Natural vegetative cover shall be used to the extent feasible; d. Dikes shall be located landward of the Ordinary High Water Mark; e. Shore protection structures shall not result in erosion or necessitate additional channelization. f. Public access to the shoreline should be enhanced through creation of pathways, but existing public access shall not be diminished. 21.50.035 Permit Required. A permit shall be required prior to any development within the Spokane Valley shoreline, subject to the following: 1. Any new development, or any modification in a use or activity that may result in a net loss of ecological function shall require an environmental assessment prepared by a qualified ecologist. The assessment shall include the following information: a, a description of the existing ecological characteristics of the site to include but not be limited to soil characteristics, type and extent of vegetation, slope, wildlife habitat and such other characteristics deemed appropriate by the Director based on the unique features of the site. b. an assessment of the functioning condition of the shoreline prior to disturbance of the shoreline by the proposal. c. an assessment of the specific impacts of the proposal on the shoreline's ecological functioning condition. Page 36 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 d. a specific strategy to restore shoreline ecological functions lost as a result of the proposal to include the scientific basis of the recommended strategy. The strategy shall identify a restoration timetable. e. a site plan which fully illustrates the proposed shoreline function enhancements and shall be drawn to scale and precisely show all site and off-site alterations and enhancements. 2. The Director may 1) request evaluation of the report by state and local public resource agencies having expertise in shoreline ecology; 2) modify the restoration strategy and site design as deemed appropriate based on assessment report findings and resource agency comment to prevent a net-loss of shoreline ecological function; 3) condition the permit to meet the objectives of the shoreline Management Program or 4) require the applicant retain a qualified ecologist to certify that all shoreline protection, and enhancement measures have been properly accomplished. Conditions may include but are not limited to the establishment of buffers, site specific building envelopes, vegetation removal and/or vegetation enhancement, water access, location and installation of utilities, restoration of pre-existing degraded shorelines, enhancement of existing shoreline buffers, construction timing and sequencing, and post development management and operations scheduling of shoreline protection and enhancement measures. 3. A Shoreline Permit is valid for a period of up to five years, provided however, that substantial progress in project development shall occur Within two years of the date of issuance. Where substantial progress has not been demonstrated without good cause, the permit shall lapse. 4. The following activities do not require a permit: a. Maintenance and repair of existing structures for the protection of single-family residences; b. Emergency repairs; c. Public improvements in \aid of navigation; d. Survey and geophysical testing in advance of development; e. Removal of noxious weeds authorized by the Washington Department of Fish & Wildlife. f. Shoreline restoration projects (See WAC 173-27-040(2)(o)). 21.50.060 Variances Requests for variances shall be processed in the same manner as any land use variance, provided however, that the application for a variance shall not be deemed complete until the Department of Ecology provides written acknowledgement to the city that applicant has provided the Department with a full and complete copy of the application. 21.50.080 Enforcement Enforcement procedures for violations of this chapter shall be in conformance with SVUDC 17.60.. Page 37 of 59 Public Preliminary Hearing Draft- Title 21 Section 21.20 City of Spokane Valley SEPA Checklist WAC 197-11-960 Environmental Checklist ENVIRONMENTAL CHECKLIST Purpose of checklist: The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a\question does not apply to your proposal, write "do not know" or "does not apply." Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. - The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land.. Attach any additional information that will help describe your proposal or its environmental effects: The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. l Use of checklist for non-project proposals: Complete this checklist for non-project proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NON-PROJECT ACTIONS (part D). For non-project actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. Page 38 of 59 City of Spokane Valley SEPA Checklist To Be Completed by Applicant A. BACKGROUND 1. Name of proposed project, if applicable 2. Name of applicant: 3. Address and phone number of applicant and contact person: 4. Date checklist prepared: 5. Agency requesting checklist: 6. Proposed timing or schedule (including phasing, if applicable): 7. Do you have any plans for future additions, expansion, or further activity related to'or connected with this proposal? If yes, explain. 8. List any environmental information you know about that-has, been prepared, or will be prepared, directly related to this proposal. 1 9. Do you know whether applicatioris are pending for goverAmental approvals of other proposals directly affecting the property covered by Your ProPosal? If yes, explain. , 10. List any government approvals or permits that will be needed for your proposal, if known. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. Page 39 of 59 City of Spokane Valley SEPA Checklist To Be Completed by Applicant 13. Does the proposed action lie within the Aquifer Sensitive Area (ASA)? The General Sewer Service Area? The Priority Sewer Service Area? (See: Spokane t County's ASA Overlay zone Atlas for boundaries). 14. The following questions supplement Part A. a. Critical Aquifer Recharge Area (CARA) / Aquifer Sensitive Area (ASA). 1. Describe any systems, other than those designed for the disposal of sanitary waste, installed for the purpose of discharging fluids below the ground surface (includes systems such as those for the disposa~df Stormwater or drainage from floor drains). Describe the type of system, the amount of material to be disposed of through the system and the types of materiallikely.to beydisposed of (including materials which may enter the system inadvertently through spills or as a result of firefighting activities). 2. Will any chemicals (especially organic solvents or petroleum fuels) be stored in aboveground or underground storag tanks? If so, w\hat types and quantities of material will be stored? 3. What protective measureswill be taken to insure that leaks or spills of any , chemicals stored or used dn,site willmot be allo ed to percolate to groundwater? This includes measures to keep chemicals out1of disposal systems. 4. Will-any chemicals be,stored, handled or used on the site in a location where a pill orleak ~will drain tomsurface or groundwater or to a Stormwater disposal ystem discharging to surface or groundwater? fStormwater b. 1. What are the depths on the site to groundwater and to bedrock (if known)? 2. WWII St r water be discharged into the ground? If so, describe any potential impacts. Page 40 of 59 Evaluation for TO BE COMPLFTE[7 BY APPLICANT Agency Use Only ~i B. ENVIRONMENTAL ELEMENTS 1) Earth a. General description of the site (check one): ❑ Flat, ❑ rolling, ❑ hilly, ❑ steep slopes, ❑ mountainous, other b. What is the steepest slope on the site (approximate percent slope)? c. What general types of soils are found on the site (for example, clay,, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland, d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. j e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Also indicate source of fill. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Page 41 of 59 Evaluation for TO BE CONIPLETED BY APPLICANT Agency Use Only 2) Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, and industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. c. Proposed measures to reduce or control emissions or other impacts to air, if any: \ 3) Water a. Surface: 1) Is there any surface water body on `or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. \ 2) Will the project require any work o er, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. 2) Estimate the amount.of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. 3) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Page 42 of 59 Evaluation for TO BE CONWLETED BY APPLICANT Agency Use Only_ 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground, water? Give general description, purpose, and approximate quantities if known. ~J 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: ; Domestic sewage; industrial, containing the following chemicals; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of -J animals or humans the system(s) are expected to serve. c. Water runoff (including stormwater): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow?I i Will this water flow into other waters? If so, describe. 2) Could waste materials enter ground or surface waters? If so, generally describe. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Page 43 of 59 Evaluation for TO BE COW'L= BY APPLICAN'r AgencyUse Only 4) Plants a. Check or circle types of vegetation found on the site: ❑ deciduous tree: alder, maple, aspen, other ❑ evergreen tree: fir, cedar, pine, other ❑ shrubs ❑ grass ❑ pasture ❑ crop or grain ❑ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other El water plants: water lily, eelgrass, milfoil, other ❑ other types of vegetation b. What kind and amount of vegetation will be removed or altered? c. List threatened or endangered species known to be on or near the site. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, any: 5) Animais a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: ❑ birds: hawk, heron, eagle, songbirds, other: ❑.mammals: deer, bear, elk, beaver, other: ❑ fish: bass, salmon, trout, herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. c. Is the site part of a migration route? If so, explain. d. Proposed measures to preserve or enhance wildlife, if any: Pape 44 of 59 Evaluation for TO BE COMPLETED BY APPLICAN'r Agency Use Only, ~6). Energy and natural resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energyimp~cts, if any: 7) Environmental health a. Are there any environmental health hazards, including-exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe: 1) Describe special emergency services that might be required. 2) Proposed measures to reduce or control environmental health hazards, if any: b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. 3) Proposed measures to reduce or control noise impacts, if any: 8). Land and shoreline use Page 45 of 59 Evaluation for TO BE COMPLf•: rED BY APPLICANT Agency Use OnI~a. What is the current use of the site and adjacent properties? b. Has the site been used for agriculture? If so, describe. c. Describe any structures on the site. d. Will any structures be demolished? If so, what? e. What is the current zoning classification of the site? f. What is the current comprehensive plan designation of the site? g. If applicable, what is the current shoreline master program designation of the site? h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. L Approximately how many people would reside or work in the completed project? - i j. App ximately how many people would the completed project displace? k. Proposed measures to avoid or reduce displacement impacts, if any: 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: 9) Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. b. Approximately how many units, if any, would be eliminated? ; Page 46 of 59 Evaluation for TO BE COMPLETED BY APPLICA1111' Agency Use Only Indicate whether high, middle, or low-income housing. c. Proposed measures to reduce or control housing impacts, if any: 10). Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? f b. What views in the immediate vicinity would be altered or obstructed? c. Proposed measures to reduce or control aesthetic impacts, if any: 11). Light and glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? b. Could light or glare from the'finished project be a safety hazard or interfere with views? c. What existing off-site sources of light or glare may affect your proposal? d. Proposed measures to reduce or control light and glare impacts, if any: 12) Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? b. Would the proposed project displace any existing recreational uses? If so, describe. c. Proposed measures to reduce or control impacts on recreation, including Page 47 of 59 Evaluation for TO BE COMPIXrF.D BY APPLICANT Agency Use Only recreation opportunities to be provided by the project or applicant, if any: 13). Historic and cultural preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers. known to be on or next to the site? If so, generally describe. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. c. Proposed measures to reduce or control impacts, if any. 14). Transportation V a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? c. How many parking spaces would the completed project have? How many would the project eliminate? d. Will the proposal require any, new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Page 48 of 59 Evaluation for TO BE COMPLETE"D FAY APPUCA,YT Agencv Use Only g. Proposed measures to reduce or control transportation impacts, if any: 15) Public services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. b. Proposed measures to reduce or control direct impacts on public services, if any. 16) Utilities a. Check utilities currently available at the site: ❑ electricity, ❑ natural gas, ❑water, ❑ refuse service, ❑ telephone, ❑ sanitary sewer, ❑ septic system, ❑ other -describe: b. Describe the utilities that are proposed for the project, the utility providing 1 the service, and the general construction activities on the site or in the - immediate vicinity which might be needed. i" Page 49 of 59 City of Spokane Valley SEPA Checklist To Be Completed by Applicant C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Date Submitted: D. SUPPLEMENTAL SHEET FOR NON-PROJECT ACTIONS (do not use this sheet for proiect actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item'at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? a. Proposed measures to avo d r reduce such increases are: 2. How would the proposal be likely to affect plants, animals, fish, or marine life? a. Proposed measures to protect or conserve plants, animals, fish, or marine life are: 3. How would the proposal be likely to deplete energy or natural resources? a. Proposed measures to protect or conserve energy and natural resources are: 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, Page 50 of 59 City of Spokane Valley SEPA Checklist To Be Completed by Applicant wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, J wetlands, floodplains, or prime farmlands? a. Proposed measures to protect such resources or to avoid or reduce impacts are: 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? t a. Proposed measures to avoid or reduce shoreline anland ~ se impacts are 6. How would the proposal be likely to increase demands on transportation or public,services and ~ utilities? a. Proposed measures to reduce or respond to.sud demand(s) are: 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environments I E. SIGNATURE I, the undersigned,rswear~nder penalty of penury that the above responses are made truthfully and to the b6st~of my knowledge.I. also understand that, should there be any willful misrepresentation or willful lack of full disclosureon my part, the agency may withdraw any Determination of Nonsignificance that it might issue in reliance upon this check list. Date: Signature: Please print or type: Proponent: Address: Phone: Person completing form (if different from proponent): Name: Address: Phone: Page 51 of 59 Community Development Department Planning Division S#6rane 11707 E Sprague Ave Suite 106 m Spokane Valley WA 99206 Valley Phone: 509.688.0036 Fax: 509.688.0037 SPOKANE VALLEY MUNICIPAL CODE WAC 197-11-985 and SVMC Title 21, Environmental Controls Notice of Assumption of Lead Agency Status Description of proposal: Proponent: Location of proposal: Initial Lead Agency: New Lead Agency: f \ The initial lead agency has determined this proposal was not likely to have significant adverse impact on the environment, according to~its determinatiohn =significance dated: 20: We have reviewed the environmentalchecklist and related information. In our opinion, an Environmental Impact Statement (EIS) Is required on the proposal because of the following impacts:' hh You are being notified that we assume the responsibility of lead agency under SEPA, including the duty to preep re an EIS on the proposal. i ' Responsible Official:' Position/Title: Address: Date: Signature: Page 52 of 59 Community Development Department Planning Division SM ~ 11707 E Sprague Ave Suite 106 me Spokane Valley WA 99206 ;,OVaHey- Phone: 509.688.0036 - Fax: 509.688.0037 Spokane Valley iViunicipal Code 'WAC 197-11-965 and SVMC Title 21, Environmental Controls Determination of Significance And Request for Comments on Scope of EIS Description of proposal: Proponent: Location of proposal: Lead Agency: ETS Required. The lead agency has determined this proposal is likely to,have,a significant adverse impact on the environment. An 1~nvironmental Impact Statement (EIS) is required under RC`V 43.21C.030.(2)(e) hrid will be prepared. An environmental checklist or other materials indicating likely environmental impacts can be revicwed at our offices. The lead agency has identified the following lOas for discussion in the EIS: Scoping. Agency, afrected tribes a,nc' I nlernbcrs of the public are invited to comment on the scope of the ETS: Yo` may comment o on alternatives, mitigation measures, probable significant adverse impacts and licenses or other approvals that may be required. The method and deadh.nc for giving us\your cornments is: ) Res Pons ibtell Official: Yosition\/Tide: Phone: l 1~ Address: \ \ Date: Si-nature: You may appeal this determination of sitmifirance to: At (location): u No later than (date): By (method): You should be prepared to make specific factual objections. Contact to read or ask about the procedures for SEPA appeals. Page 53 of 59 Community Development Department Planning Division 11707 E Sprague Ave Suite 106 Spokane Valley WA 99206 jValley° Phone: 509.688.0036 - Fax: 509.688.0037 Spokane Valley Municipal Code 'WAC 197-1 1-965 and SVMC Title 21, Environmental Controls Determination of NonSigni_ficance Description of proposal: Property Owner: Applicant: Location of proposal: Lead Agency: Determination: The City of Spokane Valley adopted O an N , 48, of t\March 31, 2003, that implemented on an interim basis the Spokane Envtronmental Ordinance, effective November 19, 2002 and it provisions. The lead agency has determined that this propos it does,not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was maAe of erg evict v of a~completed environmental checklist - and other information on file with the lead agency. Thisinffirmation his available to the public on request. This DNS is issued pursuant to WAC 197`11-340(2); the lead agency will not act on this proposal for fourteen (14) calendar_days~from the date `issued (below 6mments must be received by this department no later than 5:00-pm on:\'~ Scoping. Ag" ency, affected tribes andmembers of d1e,public are invited to comment on the scope of the EIS. You/may comment on alters atives,.mitigatian. easures, probable significant adverse: impacts and licensees or other approvals that. may e .required. The method and,deadline for giving is your comments is: Responsible Offrial• Positionfritle• Phone: Address: Date: Signature: You may appeal this determination of significance to: At (location): No later than (date): By (method): You should be prepared to make specific factual objections. Contact to read or ask about the procedures for SEPA appeals. Page 54 of 59 Community Development Department OZ t 07 ~ Planning Division S oKme 11707 E Sprague Ave Suite 106 ~~al~e a Spokane Valley WA 99206 J Phone: 509.688.0036 Fax: 509.688.0037 Spokane Valley Municipal Code WAC 197-11-965 and Title 21, Environmental Controls ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENT` ❑ Other Adoption for: (check appropriate box) 13 DNS ❑ EIS/1 ' Description of proposal: Proponent: \ Location of proposal: Title of document being adopted: Agency that prepared document being adopted: Date adopted document was prepared: Description of document (or portion) being adopted: If document being adopted has been challenged (WAC 197-11-630), please describe: The document is available to\be read at (place/time): We have identified and adopted this document as being appropriate for this proposal after independent review. The document meets oiir environmental review needs for the current proposal and will accompany the proposal to the decision maker. Name of agency\adoptiri g document: Contact person (df Other Than Responsible Official): Phone: Responsible Official: Position/Title: Phone: Address: DATE ISSUED: SIGNATURE: Page 55 of 59 Community Development Department Planning Division 11707 E Sprague Ave Suite 106 Spokane Valley WA 99206 ,;o0VaHey- Phone: 509.688.0036 Fax: 509.688.0037 Spokane Valley Municipal Code WAC 197-11-965 and Title 21, Environmental Controls Notice of Action Notice is Given Under SEPA, RCW 43.21C.080, That: (Namc of agency or endty) Took the Action Described in (2) Below on: (Date) 1. Any action to set aside, enjoin, review, or otherwise challenge such action on the grounds of 1 noncompliance with the provisions of Chapter 43.21C RCW (State Environmental Policy Act) shall be commenced on or before: 20-- 2. Description of Agency Actions: 3. Description of Proposals (If not covered by+2,abovd 4. Location of Proposal (A sufficient description should be given to locate the site, if any, but a complete legal description is not required): 5. Type of Environmental Re\ w Under\SE/PA (Include name and date of any environmental documents): Z 1 6. Docum is May Be Examined During Regular Business Hours At (Location, including room numberifany): 7 / 7. Name of Agency, Proponent,or Applicant Giving Notice: v 8. This Notice is Filed by: Responsible Official: Position/Title: Phone: Date: Signature: Page 56 of 59 Appendix A Pertinent WAC 197-11 Provisions 1. 197-11-040, Definitions; 2. 197-11-050, Lead Agency; 3. 197-11-055, Timing of the State Environmental Policy Act process; 4. 197-11-060, Content of environmental review; 5. 197-11-070, Limitations on action during State Environmental Policy Act process; 6. 197-11-080, Incomplete or unavailable information; 7. 197-11-090, Supporting documents; 8. 197-11-100, Information required of applicants; 9. 197-11-158, GMA project review - reliance on existing plans, laws and regulations; 10. 197-11-164, Planned actions - definition and criteria; 11. 197-11-168, Ordinances or resolutions designating planned actions - procedures for adoption; 12. 197-11-172, Planned actions, project review; \ 13. 197-11-210, SEPA/GMA integration; 14.197-11-220, SEPA/GMA definitions; 15. 197-11-228, Overall SEPA/GMA integration procedures; 16.197-11-230, Timing of an integrated GMA/SEPA process; 17. 197-11-232, SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping; 18.197-11-235, Documents; 19. 197-11-238, Monitoring; 20. 197-11-250, SEPA/Model Toxics Control Act (MTCA) integration; 21. 197-11-253, SEPA lead agency for MTCA actions; 22. 197-11-256, Preliminary evaluation; 23. 197-11-259, Determination of nonsignificarice for MTCA remedial actions; 24. 197-11-262, Determination of significance for MTCA remedial actions; 25. 197-11-265, Early scoping for MTCA remedial actions; and 26.197-11-268, MTCA interim actions. 27. 197-11-300, Purpose of this article; 28. 197-11-305, Categorical exemptions; 29. 197=11-310, Threshold determination required; 30/197-11-315, Environmental checklist required; 31. 197-11-330, Threshold determination process; 32. 197-11-335, Additional information; 3j.1.97-11-340, Determination of nonsignificance (DNS); 34.197-11-350, Mitigated DNS; 35. 197-11-355, Optional DNS process; 36. 197-11-360, Determination of significance (DS)/initiation of scoping; and 37. 197-11-390, Effect of threshold determination. 38. 197-11-400, Purpose of EIS; 39. 197-11-402, General requirements; 40. 197-11-405, EIS types; 41. 197-11-406, EIS timing; 42. 197-11-408, Scoping; 43. 197-11-410, Expanded scoping; 44. 197-11-420, EIS preparation; 45. 197-11-425, Style and size; 46,197-11-430, Format; 47. 197-11-435, Cover letter or memo; 48. 197-11-440, EIS contents; 57 49. 197-11-442, Contents of EIS on nonproject proposals; 50. 197-11-443, EIS contents when prior nonproject EIS; 51. 197-11-444, Elements of the environment; 52. 197-11-448, Relations of the EIS to other considerations; 53. 197-11-450, Cost-benefit analysis; 54.197-11-455, Issuance of draft EIS (DEIS); 55.197-11-460, Issuance of final EIS (FEIS). 56. 197-11-500, Purpose of this article; 57. 197-11-502, Inviting comment; 58. 197-11-504, Availability and cost of environmental documents; 59. 197-11-508, SEPA register; 60. 197-11-510, Public notice; 61. 197-11-535, Public hearings and meetings; 62. 197-11-545, Effect of no comment; 63. 197-11-550, Specificity of comments; 64. 197-11-560, HIS response to comments; 65. 197-11-570, Consulted agency costs to assist lead agency. 66. 197-11-600, When to use existing environmental documents; 67. 197-11-610, Use of NEPA documents; 68. 197-11-620, Supplemental environmental impact statement - Procedures; 69. 197-11-625, Addenda - Procedures; 70. 197-11-630, Adoption - Procedures; 71. 197-11-635, Incorporation by feference - Procedures; 72.197-11-640, Combining documents. 73. 197-11-650, Purpose of this article; 74.197-11-655, Implementation; 75. 197-11-660, Substantive authority and mitigation; 76.197-11-680, Appeals. 77. 197-11-700, ,Definitions; 78. 197-11-702, Act; 79.197-11-704, Action; 80.197-11-706, Addendum; 81. 197-11-708, Adoption; 82. 197-11-710, Affected tribe; 83.197-11-712, Affecting; 84. 197-11-714, Agency; 85.197-11-716, Applicant; 86.197-11-718, Built environment; 87. 197-11-720, Categorical exemption; 88. 197-11-721, Closed record appeal; 89. 197-11-722, Consolidated appeal; 90. 197-11-724, Consulted agency; 91. 197-11-726, Cost/benefit analysis; 92. 197-11-728, County/city; 93. 197-11-730, Decision maker; 94. 197-11-732, Department; 95. 197-11-734, Determination of nonsignificance (DNS); 96. 197-11-736, Determination of significance (DS); 97. 197-11-738, EIS; 98. 197-11-740, Environment; 99. 197-11-742, Environmental checklist, 100. 197-11-744, Environmental document; 58 101. 197-11-746, Environmental review; J 102. 197-11-750, Expanded scoping; 103. 197-11-752, Impacts; 104. 197-11-754, Incorporation by reference; 105. 197-11-756, Lands covered by water; 106. 197-11-758, Lead agency; 107. 197-11-760, License; 108. 197-11-762, Local agency; 109. 197-11-764, Major action; 110. 197-11-766, Mitigated DNS; 111. 197-11-768, Mitigation; 112. 197-11-770, Natural environment; 113. 197-11-772, NEPA; 114. 197-11-774, Nonproject; 115. 197-11-776, Phased review; 116. 197-11-778, Preparation; ` 117. 197-11-780, Private project; 118. 197-11-782, Probable; 119. 197-11-784, Proposal; 120. 197-11-786, Reasonable alternative; 121. 197-11-788, Responsible official; 122. 197-11-790, SEPA; 123. 197-11-792, Scope; 124. 197-11-793, Scoping; 125. 197-11-794, Significant; 126. 197-11-796, State agency 127. 197-11-797, Threshold determination; 128. 197-11-799, Underlying governmental action. 129. 197-11-800, Categorical exemptions; 130. 197=11-880, Emergencies; 131. 197-11-890, Petitiohing DOE to change exemptions. 132. 197-11-900, Purpose of this article., 133. 197-11-902, Agency SEPA policies; 134. --197-11-916, Application to ongoing actions; 135. 197-11-920, Agencies with environmental expertise; 136. 197-11-922, Lead agency rules; 137. 197-11-924;,Determining the lead agency; 138.\1 197-11-926, Lead agency for governmental proposals; 139. \ 197-11-928, Lead agency for public and private proposals; 140. 197-11-930, Lead agency for private projects with one agency with jurisdiction; 141. 197-117932, Lead agency for private projects requiring licenses form more than one agency when one of the agencies is a county/city; 142. 197-11-934, Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies; 143. 197-11-936, Lead agency for private projects requiring licenses from more than one state agency; 144. 197-11-938, Lead agencies for specific proposals; 145. 197-11-940, Transfer of lead agency status to a state agency; r 146. 197-11-942, Agreements on lead agency status; 147. 197-11-944, Agreements on division of lead agency duties; 148. 197-11-946, DOE resolution of lead agency disputes; 149. 197-11-948, Assumption of lead agency status 59