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2004, 03-30 Study SessionTuesday, March 30, 2004 Study Session Agenda, 03 -30 -04 AMENDED AGENDA CITY OF SPOKANE VALLEY CITY COUNCIL WORKSHEET STUDY SESSION CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor Please Turn Off All Electronic Devices During the Meeting DISCUSSION LEADER SUBJECT/ACTIVITY Neil Kersten (5 minutes) Approval of Tan Moore Amendment 1. Cary Driskell (5 minutes) Towing Contract Form Report 2. Marina Sukup (30 minutes) Signage Presentation 3. Marina Sukup (20 minutes) Economic Analysis (Scope of Work) 4. Tom Scholtens (15 minutes) Grading/Excavation (earthwork) Code 5. Mayor DeVleming (10 minutes) Discussion Proposed Resolution Authorizing April 13 Agenda Formation of Student Advisory Council 6. Mayor DeVleming (30 minutes) Governance Manual Review Report 7. Mayor DeVleming; (5 minutes) Advance Agenda Additions 8. Dave Mercier (5 minutes) Council Check -in 9. Dave Mercier (5 minutes) City Manager Comments *.e 6:00 p.m. GOAL Approve Agreement Amendment April 13 Agenda Discussion/In formation Discussion Discussion/In formation Discussion /Information Discussion /In formation Discussion/Information Discussion/In formation Note: At Council Study Sessions, there will be no public comments, except Council reserves the right to request information from the public and staff as appropriate. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments, please contact the City Clerk at (509) 921 -1000 as soon as possible so that arrangements may be made. ['ageI Meeting Date: March 30, 2004 Item: Check all that apply: I❑ consent ❑ information CITY OF SPOKANE VALLEY Request for Council Action City Manager Sign -off: ❑ old business Q new business ❑ public hearing ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Approval of Tan /Moore Architects Amendment #4 to Professional Service Agreement for Centerplace. GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Assignment of Tan Moore Agreement from Spokane County to the City of Spokane Valley on October 28, 2003 and approval in December 2003 of Amendment #3 to Tan Moore Agreement for Phase 2 of their services and the development of an Early Sitework Package. BACKGROUND: In accordance with the Uniform Building Code Section 1701 — Special Inspections, the city of Spokane Valley, as owner of the Centerplace project, is required to employ one or more special inspectors who shall provide special inspections and testing during construction. This amendment authorizes Tan Moore Architects to contract with a local testing and inspection firm on behalf of the City and this additional work will be an authorized reimbursable expense. Payment for this inspection work will be on a time and materials basis with a 5% markup. The maximum cost for this amendment is $25,000. OPTIONS: RECOMMENDED ACTION OR MOTION: Approve Amendment #4 to Tan Moore's agreement. This will add an authorized reimbursable expense for special inspections and testing during construction of Centerplace and increase the contract amount by $25,000. BUDGET /FINANCIAL IMPACTS: Total cost of the additional work is $25,000 which will be funded from the 2004 Budget, Fund 304, Mirabeau Point Capital Project Fund. STAFF CONTACT: Neil Kersten ATTACHEMENTS: Amendment to the Professional Services Agreement swil; jUalleu Memorandum To: Dave Mercier, City Manager f7 From: Steve Worley, Senior Engineer (CIP) (/ Thru: Neil Kersten, Public Works Director /y Ken Thompson, Finance Director V Date: March 23, 2004 Re: Centerplace — Tan Moore Architects' Contract Amendment #4 • Concrete • Bolts installed in concrete • Reinforcing steel and prestressing steel tendons • Structural Welding • High - strength bolting • Spray applied fire- resistive materials 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall ®spokanevalley.org In accordance with the Uniform Building Code Section 1701 — Special Inspections, the city of Spokane Valley, as owner of the Centerplace project, is required to "employ one or more special inspectors who shall provide inspections during construction on the types of work listed under Section 1701.5." The types of work listed under Section 1701.5 that are part of the Centerplace project include: Attached is an amendment to Tan Moore Architect's A/E' Professional Services Agreement, Contract Number 3983, to add this special inspection work to their contract. We believe it will be more efficient to have the special inspection consultant managed directly by Tan Moore Architects rather than through a contract with the city. Tan Moore Architects is willing to provide these services for us. The not -to- exceed amount for this work is estimated to be $23,000. The Centerplace construction budget has sufficient funds in the Other Permits /Pees category to cover these expenditures. We recommend this amendment be approved for this additional reimbursable expense. Please let us know if you have any questions. Thanks. AGREEMENT AMOUNT Agreement price prior to this change order • $649,155.65 Agreement price (increase) resulting from this change order $25,000.00 Agreement price including this change order shall not exceed $674,155.65 AGREEMENT TIME • Estimated Agreement completion date prior to the change order July 31, 2006 Agreement time (increase /decrease) resulting from this change order 0 months Estimated Agreement completion date including this change order July 31, 2006 THE ABOVE CHANGE(S) ARE ACCEPTED THE ABOVE CHANGE(S) HAVE BEEN APPROVED Tan Moore Architects, P.C. Spokane Valley City Manager • 9 2iltw 31 ate : Dave Mercier, Dated: AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT City of Spokane Valley Spokane Valley Public Works Department 11707 E. Sprague Ave. Spokane Valley, WA 99206 Agreement Title: Architectural Services, Mirabeau Point CenterPlace Project Consultant: Tan Moore Architects, P.C., 416 W. Sprague Ave., Spokane, WA 99201 You are hereby directed to make the changes listed below in the subject agreement. Nature of the change: The agreement is modified as follows: Agreement Amendment Number: 4 Agreement/Project Number: P3983 Date: March 23, 2004 Department: Public Works Item 1: • Article 20: Scope of Work, Section B: Basis of Compensation, Subsection 3: Reimbursable Expenses: Add the following item as an Additional Reimbursable Expense: • Special Inspection and Testing as required by the 1997 UBC Chapter 17 and /or the 2003 IBC Chapter 17. This work shall be completed by a competent sub - consultant that has knowledge and experience in structural testing and inspections on similarly sized projects. The consultant /sub- consultant team shall coordinate inspection and testing work with the contractor in an effort to minimize the number of trips to the project site.. The Fee for these services shall be 'on a time and materials basis with a maximum amount not exceed $25,000.00. This additional reimbursable expense will be billed at cost times a maximum multiplier not to exceed 1.05 as provided in the original contract. The changes result in the following adjustment of the agreement price and time: December 23, 2003 P3983, Amendment 3 Page 1 AGENDA CITY OF SPOKANE VALLEY CITY COUNCIL WORKSHEET STUDY SESSION Tuesday, Much 30, 2004 CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor Please Turn Off All Electronic Devices During the Meeting DISCUSSION LEADER SUBJECT/ACTIVITY GOAL 1. Cary Driskell (5 minute;) Towing Contract Form Report April 13 Agenda Z Marina Sukup (30 minutes) Signage Presentation 3. Marina Sukup (20 minutes) Economic Analysis (Scope of Work) 4. Tom Sc:holtcns (15 minutes) Grading/Excavation (earthwork) Code Study Seuina Ape& 03.30-04 6:00 p.m. Discussionllnforuuitiun Discussion Discussion/Information 5. Mayor DeVleming (10 minutes) Discussion Proposed Resolution Authorizing April I3 Agenda Formation of Student Advisory Council 6. Mayor DeVleming (30 minutes) Governance Manual Review Report 7. Mayor DcVlcming (5 minutes) Advance Agenda Additions 8. Dave Mercier (5 minutes) Council Check -in 9. Dave Mercier (5 minutes) City Manager Comments DLscussion/Infornwtion DiscussioniIni ormation Discussion/Information Discussion/Information Note. At Council Study Sessions, there will be no public comments, except Council reserves the right to request information from the public and statTas appropriate. NOTICE: tndwtduals planning to attend the meetmg who require special sssiataaue to accommodate physical, hearing, or other impairments. please contact the C City C1es# st i 509) 931 -1000 as WM as possible so that arrangements may be made. Parr 1 a 1 &ip CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 23, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent old business new business ❑ public hearing X information admin. report ❑ pending legislation AGENDA ITEM TITLE: draft Junk Vehicle Tow Contract GOVERNING LEGISLATION: Ordinance 03 -067 PREVIOUS COUNCIL ACTION TAKEN: Staff has discussed with the Council at various times that a junk vehicle tow program would need to be implemented. In the discussions relating to the Police- Initiated Impound ordinance, I have advised that a contract to haul junk vehicles tied to getting on the police tow list would be a good mechanism. BACKGROUND: This proposed contract would require towers who want to get on the police tow list to also agree to participate in the junk vehicle abatement program. RECOMMENDED ACTION OR MOTION: Request that the Council put this form contract on as proposed or with suggested amendments on the March 30, 2004 agenda for approval. BUDGET /FINANCIAL IMPACTS: Neutral STAFF CONTACT: Cary P. Driskell, Deputy City Attorney ATTACHMENTS: draft Junk Vehicle Tow Contract PROPOSED DRAFT AGREEMENT — 3 -11 -04 SECTION ONE: SUBJECT AND PURPOSE. This contract will be used for the performance of junk vehicle tows pursuant to City of Spokane Valley Ordinance No. 03 -067 as adopted or hereafter amended. SECTION TWO: DURATION OF CONTRACT Unless otherwise agreed by the parties, the contract is for two years from the date of acceptance by the City. SECTION THREE: RESPONSIBI=LITIES OF CONTRACTOR. 3.1 In consideration for being placed on the tow list for City police- initiated impounds pursuant to Ordinance No. 04 -001, Contractor agrees to perform junk vehicle tows resulting from City code enforcement efforts to enforce the Junk Vehicle Ordinance as adopted or amended. 3.2 Contractor shall be required to respond to the listed address for abatement no later than 72 hours after receiving the call from the junk vehicle abatement dispatcher if there are two or less vehicles at the subject property. In the event a property has more than two junk vehicles, Contractor shall only be required to tow up to two vehicles before another Contractor is called by dispatch. Any additional tows beyond two on a property will be performed by a subsequent Contractor, and so on until all junk vehicles are removed from the subject property. In the event the entire tow list is used to remove junk vehicles from a property and junk vehicles remain on the property, the dispatcher will return to the original Contractor that was called and proceed through the tow list again until all junk vehicles are removed from a property. 3.3 After removing a junk vehicle(s) from a property, Contractor shall haul said vehicle(s) to Spaldings Auto Parts, Inc., located at 2210 North University Road, Spokane Valley, WA 99206; phone number 924 -3300. Spaldings has agreed, through a separate agreement, to receive all such junk vehicles towed pursuant to this contract. In the event a vehicle is to be towed to another facility, Contractor will be so advised prior to hooking up the junk vehicle. 3.4 Failure to perform junk vehicle tows as set forth in this contract more than two times in any six month time period shall be grounds for removal from the police - initiated tow list. SECTION FOUR: RESPONSIBILITIES OF CITY City shall be responsible for completing any necessary paperwork required by Washington State or any other governmental entity in relation to the towing and/or transferring title of any junk vehicles. CONTRACT TO PERFORM JUNK VEHICLE TOWS - 2 - PROPOSED DRAFT AGREEMENT— 3 -11 -04 SECTION FIVE: COMPENSATION There will be no monetary compensation provided by either City or Contractor under this contract. The consideration for Contractor is that Contractor will be placed on the police tow list from which Contractor will generate revenue. The consideration for City is that Contractor will assist in the removal of junk vehicles in furtherance of the health safety and welfare of the citizens of the City. SECTION SIX: MAINTENANCE OF' RECORDS Contractor shall make available to the City Police Department, at any time during their normal operating hours, all records, books or pertinent information which the Contractor shall have kept in conjunction with this agreement for a period of not less than three years. SECTION SEVEN: COMPLIANCE WITH LAWS Contractor, in the performance of this agreement, agrees to comply with all applicable federal, state and local laws, ordinances and regulations. SECTION EIGHT: MODIFICATION No modification or amendment to this agreement shall be valid until the same is reduced to writing and signed by a duly authorized representative for Contractor and City. SECTION NINE: RELATIONSHIP OF THE PARTIES It is intended that an independent relationship will be created by this agreement. The City is interested only in the results to be achieved, and the conduct and control of all services or work will lie solely with the Contractor. No agent, employee, servant or otherwise of the Contractor shall be or shall be deemed to be an employee, agent, servant or otherwise of the City for any purpose, and the employees of the Contractor are not entitled to any of the benefits that the City provides for City employees. The Contractor shall be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractor, or otherwise during the performance of this agreement. SECTION TEN: SEVERABILITY In the event any term or condition of this agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this agreement which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this agreement are declared severable. ' CONTRACT TO PERFORM JUNK VEHICLE TOWS - 3 - cf PROPOSED DRAFT AGREEMENT — 3 -11 -04 SECTION ELEVEN: INTEGRATION This contract contains all the terms and conditions agreed upon by the parties. No other understanding, oral or otherwise regarding the subject matter of the contract shall be deemed to exist or to bind any of the parties. The parties have read and understand the contract and now state that no representations, promises, or agreements not expressed by the contract have been made to induce the other to execute the same. EXECUTED this day of CONTRACTOR CITY OF SPOKANE VALLEY By: By: For: CONTRACT TO PERFORM JUNK VEHICLE TOWS - 4 - CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 30, 2004 City Manager Sign -off: Item: Check all that apply: 0 consent ❑ old business ❑ new business ❑ public hearing ® information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Interim Sign Regulations GOVERNING LEGISLATION: Section 14.804 Spokane Valley Interim Sign Regulations PREVIOUS COUNCIL ACTION TAKEN: Ordinance No. 53 adopted 3 -23 -03 BACKGROUND: Spokane County originally adopted signage standards in 1991. In 2001 a Committee was established to review the standards and to make recommendations for amendments. The Committee was composed of sign interests and citizens who met for over a year, concluding with recommendations which were heard by the Spokane County Planning Commission. Several changes were recommended by the Commission. The Planning Commission recommendation was forwarded to the Board of County Commissioners. At the same time, Spokane County Planning staff submitted a staff report with recommendations which were materially different from those recommended by the PC and the Committee. The regulations finally approved by the County Commissioners included elements from both. A referendum on the proposal for amortization and abatement of existing billboards was placed before the voters in November 2002. Fifty - seven percent (57 %) of the voters countywide and in the area presently within the corporate boundaries of Spokane Valley approved the proposal. Spokane County ceased to issue permits and enforce sign regulations on the date of the City of Spokane Valley's incorporation. In April /May 2003, City Council directed staff to defer enforcement of the provisions of the sign regulations until further notice. OPTIONS: Not applicable. RECOMMENDED ACTION OR MOTION: Consider the review and /or update of sign regulations and provide direction to staff on sign regulation enforcement priorities. BUDGET /FINANCIAL IMPACTS: None STAFF CONTACT: Marina Sukup, AICP, Director of Community Development ATTACHMENTS Spokane County Committee and Planning Commission recommendations Spokane County Staff recommendations Section 14.804 Spokane Valley Interim Sign Regulations Sign Essay Interim Sign Regulations March 30, 2004 Spokane 1 M Purpose • Review of interim signage regulations • Secure Council direction on the process for review /update of sign regulations • Secure clarification of Council enforcement priorities Police powers allow the regulation of "time, place and manner" of commercial speech NOT the content Bakg. round • The City adopted the Spokane County Sign Code as interim regulations • 1 he County's first sign Uode was adopted in 1 991 and updated in 2002 following a lengthy evaluation process • Signs were not permitted prior to 1989 • The Chamber Local Government Committee was given a presentation by John Johnson, a Local sign o f- :tor, on,.March 16, 2004 O S��+�e 04 i ti—NINPli 1 ■ 1 malls MD sear ....111. ..S.■r .. I : A .n., w a. • .s _ • .. rrwT w 114.10 .0 . . ffwars • . rm. 0. ' r Ma w rr 1 . w sn4. we0l elw • • 10 Ir nlSa, AC: 7Y st IS mem Is/ ems w I so 1 ......s•as ISOSA1I• 11[00 MS lR f: R 1000f .e .. Vat S - • \ 100 - =VA S 4110 M 1000 %I sops Vas me sari MIS m R~ w m 0 W raw r0 ml �M. ► � • sum' !atilt S/SI SWIM WWII •.Wl WSW% o •.e. Y MASS 718 SignO 1000A SSIMS yl 41IWf•1 ma_ r S *0 0. WS Ills. MSS. 0 •a.SSi — M •W MS 4 00 AS ras•o. Ant al AMIMmowarvIr — or• • ec ed Speech" 2 NOT a Sign! • Traffic/directional • • Not intended for or • viewed from public ROW • • Merchandise displays • • Point of Purchase advertising displays • Flags • Legal notices • Barber poles Historic Markers Gravestones Structures e.g. phone booths, collection containers Symbols mounted on vehicles Sign Types • On- Premises: "A sign which carries advertisements incidental to a lawful use of the premises on which it is located, including signs indicating the business transacted at, services rendered, goods sold or produced on the premises, name of the business and /or name of the person. firm or corporation occupying the premises. Off - Premises • Wall (Attached) • Free - Standing: 'A sign not attached to or forming part of a building ". • Pole Sign • Monument Sign Requiated Sign Types by WSDOT • US -90 and SR 290 Trent (RCW47.42- WAC 468 -66) Interstate or Primary-aid State highway within "Commercial /Industrial Areas" — defined: "that area occupied by three or more separate and distinct commercial or industrial activities of any combination within a space of 500 feet and the area within 500 feet on both sides of the highway" Regulated by WSDOT • Permissable Signs • Directional or official • On premises • Public Service Signs • Some pre- existing signs Regulated by WSDOT • Location of on- premises must be not Tess than 150 feet from the main entrance or main building or 50 feet from the edge of the parking area • Within 660 feet of regulated state highways, no sign • Imitate official traffic signal, device or sign • Unsafe or in disrepair • Be painted on natural features • Have moving parts (including flashing, intermittent lights) Regulated by WS DOT • Max Area 672 sq. ft. - Double faced, back -to -back or v- signs = 2 signs for area calculations. No double faced signs > 325 sq. ft. No double -faced signs or spacing not less than 1,000 (interstate) and not more than 5 /mile • State highways spacing not less than 100 feet or more than 4 between platted streets /intersections but double faced or V sign= one sign structure • Specific requirements for electronic signs ∎ 3enerally any sign > 20 in lic_ioh; or length except in �, •r� e is a asa dsi...i�e - rt H - Signs NO permit Temporary banners & signs Real estate signs Incidental Sign (< 4' x 4') Political Signs Bench Signs uired • • • • • Prohibited Signs • Signs imitating or resembling traffic control devices • Signs creating a safety hazard for pedestrians or motorists • Portable signs > 9 square feet • Portable reader boards and electric signs • Signs attached to a parked vehicle or trailer if not used in ordinary course of business • Roof Signs • Videoboards • Flashing signs Video board or electronic reader board? On- premise of Off -premi Permitted by Use ALL Zones • Bulletin Boards all (32 [1'- 6' in height) • Bulletin Boards Inst'I use(32 u'- 14' in height) • Temporary /Permanent Residential Subdivision or Area name (40 u' -1 year) • Temporary Banners, Flags, Pennants, Inflatables (30 days + one 30 day renewal) • Searchlights (10 days) • Construction signs • Real estate (5o'- 5' in height for residential: 32_,'- 10' in height for Commercial: open house directional 5u 3' ) 10 Re tl cted by Zone • Residential Free Standing • Nameplate (5 ❑' — 4 ft above grade) • Nursery, daycare, family home (5 — 4 ft above grade) • Residential Wall /Arterial • Residential/Semi- public (1- 20 ti) • Institutional (1- 321 • Office (1- 32 or with muttiple offices 1-60 32 r-' ) • Commercial (1- 20 n') • Residential Freestanding/Arterial • Residential/Serni- public 0- 16 :_: - 13 ' in heigiht • In stitutionaliOffice /C (1- 32 15' !n height) *May be increased to 60n' if monument Tess than 7 feet in height 11 Zone Max Area B1 1 -50n' Restricted by Zone • Commercial Wall Single & Multi- tenant • 25% wall area < 250, • Commercial /Industrial Free - standing — Single Business Max >100' Street Frontage 50r i' Max height 20' 7' Monument 75uu' Restricted by Zone • Commercial /Industrial Free - standing — Multi- tenant Zone B1 B2 /B3 Max # 1 Max Area 100c' 1!500' frontage 200. Max height 20' 30' 7' Monument 2 -90 17 Aesthetic Corridors B1 Zone B2/B3 12/13 Max # 1 (2 for multi- tenant) 2/500' frontage 2/500' frontage Max Area 8' Monument 1000' 2 -75o' 200o' 2 - o' 80o' 2 -90 o' • 10 Feet if > 3 feet < 7 feet "unless it can be demonstrated that the location of a structural support or monument sign will not create an adverse impact with regard to sight distances of vehicles entering and exiting the site." • Structural supports < 2 feet in width, measured at any point on the support and 3 -7 feet above grade are exempt. Location & Setbacks Ztr . .a Calculating Area • Two -sided treated the same as one -sided (Area = X *Y *2) • Three sided limited by the combined area of two sided (Area =(X *Y *2)13) +(Base > 2') SIGN Base yy H • Border AreaM- (X *Y 1 ) < 10% • Height H • 10 foot set back unless no adverse impact on sightlines Placement Leading Edge Unabated Complaints • Childcare signs in residential neighborhoods (permitted) Recommendation • Consider establishing an ad hoc committee composed of citizens and stakeholders to review interim sign regulations and recommend changes • Provide City staff with direction concerning enforcement of temporary and unpermitted signs for which no specific complaint has been received 16 BRIEFING SUMMARY Sign Regulation Workshop Spokane County Planning Commission May, 17 2001 Purpose: To provide a summary of past activities and to explore alternatives for amending the Signage Standards section of the Zoning Code of Spokane County, Chapter 14.804 (copy attached), to implement the Comprehensive Plan, as directed by the Board of County Commissioners. Background /History: In early 1998 the Spokane County Sign Committee was formed under the direction of the Planning Commission. The Sign Committee's purpose was to review and re -write the County's signage standards. An attempt was made to balance the representation from the community and the sign industry. The Committee held their first meeting on February 4, 1998, and their final meeting on August 12, 1998. At the first meeting, the Committee discussed several alternatives. They voted to retain the existing sign code language and to review and modify where necessary. The Committee worked through several draft versions of an update to the Spokane County Zoning Code Signage Standards, and produced a final draft in late August or early September, 1998 (copy attached for your review). The final draft produced by the Committee included language on the regulation of billboards. On November 12, 1998 the Spokane County Planning Commission voted to separate billboards from on- premise signs in the proposed signage code amendments, and to set aside other sign issues until the Comprehensive Plan is adopted and the billboard issue is brought to hearing. On November 16, 1999, the Board of County Commissioners adopted an Ordinance prohibiting new billboards within the unincorporated areas of Spokane County. On May 2, 2001 a Moratorium (Resolution 1 -0390, attached) on Freestanding On- Premise Signs was adopted by the Board of County Commissioners, precluding the acceptance of applications for building permits for Freestanding On- Premise Signs on parcels adjacent to the following rights of way: a) Spokane Valley Couplet (eastbound Appleway Ave. segment only) b) Evergreen Road (between Sprague Ave. and Indiana Ave.) c) Mirabeau Parkway d) Indiana Ave. (between Pines Road and Flora Road) The Board directed Division of Planning staff to prepare interim official controls within one week of the adoption of the Moratorium (currently being prepared), and to work with the Planning Commission to develop a recommendation to amend the Spokane County Zoning Code, Signage Section Chapter 14.804, for adoption by July 31, 2001. Research: Staff organized existing signage materials, resources, and electronic files developed by Stacy Bjordahl, and assembled a comprehensive list (copy attached), of these materials. Resources include APA and signage industry articles, reports, Spokane County Sign Division of Planning Briefing Summary 3/25/2004 Page 1 of 2 Committee documents, aesthetic corridor materials, and sign codes and ordinances from Spokane County and other jurisdictions. Staff reviewed these materials and selected four examples for consideration, including: the existing Spokane County signage standards, the final draft amendments to the County's signage standards developed by the Spokane County Sign Committee, Ada County Idaho sign regulations, and Lacey Washington sign regulations. Alternatives: Staff developed three alternative methodologies to amend the County's signage standards to implement the Comprehensive Plan. These include: 1. Revise the existing Spokane County Zoning Code, Signage Section Chapter 14.804, as per Comprehensive Plan policy, public input, and comments and suggestions of Planning staff. 2. Utilize, with possible revisions, the draft amendment to the County's signage standards, developed by the Spokane County Sign Committee. 3. Utilize ordinances and codes from other jurisdictions (copies included for review), to develop amendments, to the current Signage Standards section of the Spokane County Zoning Code, including: a) Ada County Idaho Sign Regulations, (It was suggested that this code be used as a model for amending the Spokane County Signage Standards. We have been informed this code was never adopted, but we may want to use as a guide) b) City of Lacey, Washington Municipal Code - -Sign Regulations. Time Frame: The Board of County Commissioners has requested the Planning Commission and Planning staff to develop a recommendation to amend the Spokane County Zoning Code, Signage Section Chapter 14.804, for adoption by the Board by July 31, 2001. To meet this time frame, the Planning Commission must develop a recommendation that will be forwarded to the Board by June 20, 2001. See attachment that illustrates the steps necessary to meet the BOCC request. Attachments: 1. Existing Spokane County Zoning Code—Signage Standards, Chapter 14.804. 2. Draft amendments to the Spokane County Zoning Code -- Signage Standards, drafted by the Spokane County Sign Committee, September 1998. 3. Ordinances from other jurisdictions: a) Ada County Idaho sign regulations. b) City of Lacey Washington Municipal Code- -Sign Regulations. 1. Table of Alternatives 2. May 2, 2001 Moratorium on Freestanding On- Premise Signs, Resolution 1 -0390. 3. Notice of Public Hearing, IN THE MATTER OF AMENDMENTS TO . THE ZONING CODE OF SPOKANE COUNTY REGARDING BILLBOARDS, dated January 23, 2001. 4. List of existing signage materials and resources. 5. Proposed Work Program— Zoning Code Amendment, Freestanding On- Premise Signs. Division of Planning Briefing Summary 3/25/2004 Page 2 of 2 Spokane County Public Works Department Division of Planning Staff Report Zoning Code Amendment Chapter 14.804, Signs September 2001 Swie CanY Purpose The purpose of this report is to provide a summary of the work related to the proposed amendment of the Spokane County Zoning Code, Sign Chapter 14.804. The report includes a summary of the Spokane County Planning Commission recommendation as well as a staff alternative recommended by Public Works Department Staff. The full texts of the PC and staff recommendations are included as Attachments 1 and 2 respectively. BACKGROUND AND HISTORY: Sign Committee In early 1998 the Spokane County Sign Committee was formed under the direction of the Planning Commission (PC). The Committee developed a draft amendment to the County's signage standards in September of 1998. On November 12, 1998 the PC voted to separate billboards from on- premise signs in the Committee's proposed signage code amendments, and to set aside other sign issues until the Comprehensive Plan was adopted. The PC and the Board of County Commissioners (Board) subsequently addressed the issue of billboards. Moratorium and Interim Zoning Ordinance On May 1, 2001 a Moratorium on Freestanding On- Premises Signs was adopted by the Board pursuant to Resolution 1 -0390, precluding the acceptance of applications for building permits for Freestanding On- Premises Signs on parcels adjacent to the following rights of way: a) Spokane Valley Couplet (eastbound Appleway Ave. segment only) b) Evergreen Road (between Sprague Ave. and Indiana Ave.) c) Mirabeau Parkway d) Indiana Ave. (between Pines Road and Flora Road) With the adoption of the sign moratorium, the Board directed staff and the PC to recommend amendments to address the impacts of excessive signage clutter. The Board, pursuant to Resolution 1 -0733, replaced the moratorium on August 7, 2001 with an interim - zoning ordinance to allow limited monument signs in the interim period while the PC and staff were considering the amendment. ZC Amendment Chapter 14.804 Planning Commission Consideration At a meeting on May 17, 2001, the PC developed an amendment proposal by modifying the Sign Committee's 1998 recommendation. The modifications included developing alternatives throughout the document for consideration at a public hearing. A public hearing was held on June 14. The PC continued the decision for deliberations on the following dates: June 28, July 12, July 19, July 26, August 2, August 16, and August 23, 2001. The PC made its recommendation on August 23, 2001. Page 1 of 5 Spokane County Public Works Department Division of Planning ZC Amendment Chapter 14.804 State Environmental Policy Act (SEPA) The Spokane County Division of Planning prepared an Environmental Checklist for a non - project action pursuant to WAC 197 -11 and the Spokane Environmental Ordinance, County Code Section 11.10; and on May 25, 2001, a Determination of Nonsignificance was issued. Planning Commission Recommendation: The PC's recommendation modifies the existing signage standards, Chapter 14.804, of the Spokane County Zoning Code including format and wording changes throughout the document. The full text of the PC recommendation is included as Attachment 1. Some of the major changes are summarized as follows: Sign Standards in Agricultural and Residential Zones Changes include the addition of a monument sign option for offices and the addition of elementary school standards to 14.804.070 (6, c) (formerly 14.804.080, 6) Sign Standards for Business and Industrial Zones Wall Signs Wall signs are allowed on each wall of a building not to exceed 25% of wall area rather than allowing 100% coverage on two walls per the current code. Sign Separation A sign separation requirement of 200 feet for multiple business signs is recommended. The current code does not require separation. Sign Height Page 2 of 5 Number of Signs • The number of signs for B -1, 1 -2, and 1 -3 individual businesses is increased from one (existing code) to a maximum of 2 signs, depending on street frontage. • The number of signs for B -2 and B -3 zones is similar to the current code; however, the PC recommends additional signage allowances for businesses with multiple frontages. Sign Size • In a B -1 zone for multiple businesses, maximum sign area was reduced from 150 sq. ft. to 100 sq. ft. • In the B -2/B -3 zones, the maximum sign size was reduced for the initial sign (250 sq. ft. to 200 sq. ft.) but remains the same as the current code for any additional signs (200 sq. ft.). • One of the multiple business signs in the B -2/B -3 zones is allowed to increase in size to 250 sq. ft. and in height to 40 feet if the parcel is contiguous to Interstate 90. The current code allows freeway oriented signs to be 60 feet in height and 400 square feet. • In the 1 -2/1 -3 zones, the sign size is allowed to increase from 40 sq. ft. (current code) to 80 sq. ft. if the parcel has greater than 100 feet of frontage. For 1 -2/1 -3 zones that have multiple businesses the PC recommendation allows one sign per 200 feet of frontage, whereas, the current code allows one sign per business. Spokane County Public Works Department Division of Planning ZC Amendment Chapter 14.804 • In B -21B -3 zones for individual businesses, maximum sign height was reduced to 30 feet from 35 feet in the current code. • In B -2/B -3 zones for multiple businesses, maximum sign height was reduced to 30 feet from 40 feet in the current code, and freeway oriented sign height was reduced to 40 feet from 60 feet in the current code. • Optional monument sign height is 6 feet for all zones. Incentives for Monument Signs As an incentive, the number of signs for individual and multiple businesses can be increased, by substituting monument signs for higher freestanding signs. • Signs shall be six (6) feet or less in height. • There is no minimum spacing requirements between signs. • B -1 allows two (2) signs for multiple businesses. • B -2/B -3 allows two (2) signs per street frontage for individual businesses, and one (1) sign per 100 feet of street frontage for multiple businesses. • 1 -2/1 -3 allows two (2) signs for individual businesses, and one (1) sign per 100 feet of street frontage for multiple businesses. Sign Area Calculation The PC recommendation would change the method for calculating the area of freestanding signs. The sign area would be based on an outline of the message area, not the total sign cabinet or structural area. In addition, pole coverings, below the sign and with no message, shall not be included in sign area calculations. This would allow for pole coverings, to extend to the ground below the sign area. The structure of freestanding signs is limited to 15 feet in width in this section in order to provide a maximum limit for the total bulk of the sign. Nonconforming Signs There is no change from the current code except that a provision was added to exempt signs that are classified as historically significant and have been in existence more than 40 years. Additional Standards • Sign maintenance provisions added. • Addition of a landscaping requirement. • Slightly more restrictive lighting standards definition. Staff Alternative: The Staff Alternative is a recommendation developed by Public Works Department Staff that reflects a more substantial reduction in allowed signage and provides text clarifications to create a more easily understood document. The staffs recommendation reflects input from Public Works staff members involved in the day -to -day administration of sign permitting. The full text of the staff recommendation is included as Attachment 2. Differences between the PC recommendation and the Staff Alternative include: General Provisions and Signs Exempt from Building Permit Review The staff recommends changes to reflect consistency with building permit requirements in Title 3 of the County Code. Page 3 of 5 Spokane County Public Works Department Division of Planning ZC Amendment Chapter 14.804 9wilraum Sign Standards for Business and Industrial Zones Sign Standards in Agricultural and Residential Zones The staff recommends a change in format to incorporate the use of tables and the classification of land uses into categories. The revisions significantly reduce the text and provide for easier interpretation. Incentives for the use of monument signs are included in this revised section. Wall Signs The staff supports the PC's recommendation to allow wall signs on each wall of a building not to exceed 25% of wall area. Number of Signs • The staff recommends that maximum number of signs for multiple businesses be calculated at one per 200 feet of street frontage, whereas the PC recommends one per 200 feet of street frontage but also allows an additional sign for a "leftover" portion of street frontage. For example, a street with 250 feet of frontage would be allowed two signs under the PC recommendation but only one sign under the staff recommendation. Sign Size and Height • For businesses in the B -2/B -3 zones, the staff recommends limiting maximum sign area to 150 sq. ft. and sign height to 25 feet, whereas the PC recommends 200 sq. ft. and 30 feet respectively. • For multiple businesses in the B -2/B -3 zones, the staff recommends providing a "sign calculation ratio" of one sq. ft. per foot of street frontage up to the maximum size allowed, whereas the PC recommendation allows maximum sign size for each sign permitted. • The staff recommends a maximum sign size in the B -2/B -3 zones of 150 sq. ft. and does not recommend allowing an increase of sign size for freeway - oriented signs. The PC recommends that freeway oriented signs be allowed to increase from 200 sq. ft. to 250 sq. ft. Sign Separation • The staff supports the PC recommended 200 foot minimum separation between freestanding signs. Incentives for Monument Signs • The staff recommends a 100 foot minimum spacing requirement between monument signs, whereas the PC recommendation has no separation requirement. • The staff recommends that maximum number of monument signs for multiple businesses be calculated at one per 100 feet of street frontage, whereas the PC recommends one per 100 feet of street frontage but also allows an additional sign for a "leftover" portion of street frontage. For example, a street with 150 feet of frontage would be allowed two signs under the PC recommendation but only one sign under the staff alternative. Page 4 of 5 Spokane County Public Works Department Division of Planning ZC Amendment Chapter 14.804 • The staff recommends different number and size requirement for monument signs in the B -1 zone. Sion Area Calculation The staff recommends that calculating the area of a sign be based on the physical dimensions of the sign as per current practice. The PC recommends sign area be measured using the area of the message text. Using message text to determine sign size may create difficulties in interpretation and may result in larger signs. The staff recommendation does not support exempting pole coverings from the sign area calculation as recommended by the PC. Pole coverings may substantially increase the visual impact of a freestanding sign. Nonconforming Signs The staff recommends consideration of 3 options to handle nonconforming signs. The PC recommendation allows for continuation of nonconforming signs consistent the current standard of the Zoning Code. The staff supports the exemption for historically significant signs. Definitions The staff does not support the PC revision to the definition for "Electronically Changeable Message Sign." The revision may conflict with the definition for 'Video Board" as per a previous amendment to the Zoning Code. The staff recommends retaining the existing definition of Electronically Changeable Message Sign. Page 5 of 5 WEDNESDAY, FEBRUARY 18, 1998 9:00 A.I. PUBLIC WORKS BUILDING WEDNESDAY, MARCH 4, 1998 9:00 A.M. PUBLIC WORKS BUILDING WEDNESDAY, MARCH 18, 1998 9:00 A.M. Pu13LIC WORKS BUILDING WEDNESDAY, APRIL 1, 1998 9:00 A.M. PUBLIC WORKS BUILDING WEDNESDAY, APRIL 15, 1998 9:00 A.M. PUBLIC WORKS BUILDING WEDNESDAY, MAY 6, 1998 9:00 A.M. PUBLIC WORKS BUILDING SPOKANE COUNTY SIGN COMMITTEE MEETING DATES WEDNESDAY, MAY 20, 1998 . 9:00 A.M. PUBLIC WORKS BUILDING WEDNESDAY, JUNE 3, 1998 9:00 A.M. PUBLIC WORKS BUILDING WEDNESDAY, JUNE 17, 1998 9:00 A.M. PUBLIC WORKS BUILDING WEDNESDAY, JULY 29, 1998 9:00 A.M. PUBLIC WORKS BUILDING WEDNESDAY, AUGUST 12, 1998 9:00 A.M. PUBLIC WORKS BUILDING THE SIGN COMMITTEE The Current Planning Subcommittee "advertised" for citizens to contact the Division of Building and Planning if they were interested in serving on a committee to help review and re -write the county's sign standards. The "advertisement" was located in the Public Periscope section of The Spokesman - Review. Numerous individuals called and were mailed an application to serve on the committee ( a copy of the application is attached). Twelve applications were submitted to the Current Planning Subcommittee. Of the twelve applicants, seven were selected to serve on the committee. The goal of the Current Planning Subcommittee in its selection process was to create a balance of citizens and the sign industry so that both groups were represented as equally as possible. Those that were not selected were invited to attend the meetings as an observer. A list of the committee members is attached. The Committee held numerous meetings from February through August. At its first meeting, the Committee discussed whether or not the entire sign code should be re- written or just reviewed and changes made where necessary. The Committee voted to retain the existing language and just review and modify where necessary. The Committee members strived to reach consensus regarding any changes to the regulations. Although there were many items that reached consensus, there are several items that were not agreed upon by the Committee members and will likely be debated at the Planning Commission's hearing. These issues include billboards, freeway- oriented signs, roof-top signs, and enforcement provisions. The final draft of the committee is enclosed for review by the Planning Commission. Attachment A Chapter 14.804 SIGNAGF STANDARDS (Res. 2 -0188, dated February 19, 2002) Section: 14.804.010 Purpose, Intent and Scope 14.804.020 General Provisions 14.804.030 Definitions 14.804.040 Exempt Signs 14.804.050 Prohibited Signs . 14.804.060 Signs Permitted in All Zones in Connection with Specific Uses 14.804.070 Sign Standards in Agricultural and Residential Zones (EA, GA, RS, RR -10, RC, UR, R -5 through UR -22) Zones 14.804.080 Sign Standards for Business and Industrial (B-1,13-2, B-3, I -2 and I -3) Zones 14.804.085 Comprehensive Sign Plan Standards (B-1, B -2, B-3,1-2 and I -3) Zones 1.4.804.090 Freestanding Sign Standards for Aesthetic Corridors (Res. 2 -0315, dated March 26, 2002) 14804.095 Sign Standards for the Industrial Park (1 -1) Zone 14.804.100 Sign Standards for Mining (MZ) Zone 14.804.110 Sign Location and Setback 14.804.120 Sign Area and Calculation 14.804.130 Maintenance of Signs 14.804.140 Nonconforming Signs 14.804.150 Landscaping for Freestanding and Monument Signs 14.804.160 Sign Illumination 14.804.010 Purpose, Intent and Scope The purpose and intent of this section is to promote commerce, traffic safety and community identity while improving the visual environment of residential, commercial and industrial areas. This section of the Code shall not regulate traffic and directional signs installed by a governmental entity or in a private parking lot; signs not readable from nor intended to be viewed from a public right -of -way; merchandise displays; point-of-purchase advertising displays, such as product dispensers; national flags; flags of a political subdivision; symbolic flags of an institution; legal notices required by law; barber poles; historic site monuments /plaques; gravestones; structures intended for a separate use, such as phone booths, donation and recycling containers; lettering or symbols applied directly onto or flush - mounted magnetically to a motor vehicle operating in the normal course of business. 14.804.020 General Provisions 1. Permit Required: Any on- premises sign shall hereafter be erected, re- erected, constructed, painted, posted, applied or structurally altered in accordance with this chapter and pursuant to a sign permit signed off by the Division of Planning and issued by the Division of Building and Code Enforcement. A sign permit shall be required for each group of signs on a single supporting structure installed simultaneously. Thereafter, each additional sign erected on the structure must have a separate sign permit. The owner of a sign shall produce a permit upon request. Building permits shall be required as specified in Title 3 of the Spokane County Code. 2. Permit Applications: All pemlit applications for signs shall include a site plan that provides the following information: a. The location of the affected lot, building(s) and sign(s); b. The scale of the site plan; c. A drawing of the proposed sign or sign revision, including size, height, copy, structural footing details, method of attachment and illumination; d. All existing signs on the site including their size and height; and e. Tax parcel number. 3. Subarea Plans: Subarea plans approved by the Board of County Commissioners may include requirements other than those provided in this chapter. 14.804.030 Definitions The following words and phrases are listed in Chapter 14.300, Definitions. Billboard, Bulletin Board, Electric Sign, Electronically Changeable Message Sign, Flashing Sign, Freestanding Sign, Freeway Oriented Sign, High Intensity lllununation, Incidental Sign, Individual Business, Low Intensity Lighting, Monument Sign, Multiple Businesses, Nonconforming Sign, On- Premises Sign, Portable Sign, Readerboard, Roof Sign, Sign, Support Structure(s), Three -Sided Sign, Two -Sided Sign, Video Board, Wall Sign. 14.804.040 Exempt Signs The following shall not require a sign permit, provided that these exemptions shall not be construed as relieving the owner from the responsibility to comply with the provisions of this Code or any other law or ordinance, including the Uniform Building Code. a. The changing of the advertising copy or message on a lawfully erected sign, readerboard or similar sign specifically designed for replaceable copy. b. Painting, repainting or normal maintenance, unless a structural or electrical change is made. c. Temporary banners and temporary signs as permitted herein. d. Real estate signs as permitted herein. e. Incidental signs. _f. Political signs. g. Bench signs on county rights -of -way, provided approval has been granted for location by the Spokane County Engineer. 14.804.050 Prohibited Signs The following signs are prohibited in all zones unless otherwise specifically permitted. 1. Signs which by coloring, shape, wording or location resemble or conflict with traffic control signs or devices. 2. Signs that create a safety hazard for pedestrian or vehicular traffic. 3. Flashing signs. 4. Portable signs exceeding nine (9) square feet. 5. All portable readerboards. 6. All portable electric signs. 7. Signs attached to or placed on a vehicle or trailer parked on public or private property, provided that this provision shall not be construed as prohibiting the identification of a firm or its product on a vehicle operating during the normal course of business. Franchised buses and taxis are exempt from these provisions. 8. Roof sips. 9. Video Boards. 10. Billboards. Chapter 14.804 Zoning Code of Spokane County Page 804 -2 0 s 14.804.060 Signs Permitted in All Zones in Connection with Specific Uses The following signs may be permitted in any zone, subject to the imitations as provided herein. 1. Bulletin Boards: Bulletin boards may be permitted on the premises of public, charitable or religious institutions, subject to the following. a. Such sign shall contain not more than thirty -two (32) square feet m area on a face and may be double- faced. b. No part of the sign shall exceed a height of six (6) feet above the ground. c. The sign, if lighted, shall use low- intensity lighting. d. A thirty -two (32)- square -foot, double -faced sign, no higher than fourteen (14) feet above grade, is authorized for a public or private_ school on property not less than three (3) acres in size. 2. Temporary Residential Subdivision or Area Name Signs: A temporary real estate sign advertising the prospective sale or lease of a group of lots or dwellings within a tract or apartment complex shall be permitted, subject to the following conditions. a. The freestanding sign shall be located on the premises being sold or leased. b. The sign shall not exceed forty (40) square feet in area on a face and may be double- faced. c. The sign shall remain only as long as property remains unsold or un-leased for the first time within the tract, but not to exceed one (1) year. The Division may extend the one (1) year time period upon written request by the owners /developers of the project. d. The sign shall be non - illuminated. e. The top of the sign shall be no higher than ten (10) feet above grade of the lot or parcel on which the sign is located. 3. Permanent Residential Subdivision or Area Name Signs: Decorative subdivision or area name signs of a permanent character at the street entrance or entrances to the subdivision or area that identifies the name of the subdivision or area only, shall be permitted, subject to the following conditions. a. The sign shall consist of decorative building materials with illuminated, indirectly lighted or non - illuminated name plates or letters, and be located in a maintained landscaped area; and b. The wall(s) and /or sign(s) shall not exceed six (6) feet in height. 4. Temporary Banners, Flags, Pennants, Searchlights and Inflatables: a. A banner, flag, pennant, or inflatable, may be permitted by the Division for temporary on- premises use only, provided that such display does not have a significant adverse impact on nearby residences or institutions. The temporary use shall be restricted to thirty (30) days per quarter with one thirty (30) day renewal per quarter. If the permit is renewed, the thirty (30) day period for the following quarter is expended and the sign is not permitted during that quarter. b. A searchlight may be permitted by the Division for temporary on- premises use only, not exceeding ten (1.0) days, provided that such display does not have a significant, adverse impact on nearby residences or institutions. 5. Contractor, Architect, Surveyor or Engineer Signs: One (1) on- premises sign identifying the project, developers, building contractor and /or subcontractors, architect, surveyor a.nd engineer engaged in the construction may be permitted on a property during the period of construction, provided that Chapter 14.504 Zoning Code of Spokane County Page 804 -3 a. Location of the sign shall be approved by the Division prior to installation; b. The sign shall not exceed forty (40) square feet in area; and c. The top of the sign shall not exceed ten (10) feet above grade of the lot or parcel on which the sign is located. The sign shall be removed prior to final building inspections. However, no such sign shall be maintained for a period in excess of twelve (12) months without approval from the Division. The Division may extend the one (1) year time period upon written request of the owners /developers of the project 6. Real Estate Sign: a. Residential /Agricultural use or property — Temporary on- premises sign(s) advertising the sale, lease or rental of the building, property or premises, one (1) per frontage road. Such sign(s) shall be unlighted, limited in size to five (5) square feet and limited in height to five (5) feet above grade. A thirty -two (32) square foot sign is allowed on agricultural property of twenty (20) acres or more, with or without a dwelling on site. b. Commercial /Industrial use or property —One (1) temporary on- premises sign advertising the sale, lease or rental of the building, property or premises. Such sign shall be unlighted, limited in size to thirty -two (32) square feet and limited in height to ten (10) feet above grade. c. Open house/directional sign —For (a) and (b) above, an open house /directional sign(s) shall be allowed on each access street (to the property). Such sign(s) shall not be placed in such a manner as to interfere with vehicular or pedestrian traffic, shall be used when the property is actually open for immediate inspection, shall be unlighted, and shall be limited in size to five (5) square feet and limited in height to three (3) feet above grade. 7. Electronically Changeable Message Sign: a. Electronically changeable message signs shall be permitted in Business (B -2 and B -3) and Industrial (1 -2 and I -3) zones in accordance with the standards of Sections 14.804.080 through 14.804.160 and their definition. 14.804.070 Sign Standards in Agricultural and Residential Zones (EA, GA, RS and RR -10, RC, UR, R -5 through UR -22) Zones Sign structures are permitted in the agricultural and residential zones in accordance with the following uses and standards: 1. A nameplate, which indicates no more than the name and address of the occupant of the premises, is permitted, provided that such sign shall not exceed a maximum area of five (5) square feet and a maximum height of four (4) feet above grade. 2. A freestanding or wall sign identifying a commu.nity residential facility, family day -care home, child day -care center in a residence, nursery school, or similar institution is permitted, provided that such sign shall not exceed a maximum area of five (5) square feet, a maximum height of four (4) feet above grade and is unlighted. 3. Permitted Signs by Use a. The following categories of uses are defined to apply to signage standards provided in Tables 1 and 2 below: i. Residential /Semi -Public uses include a church, public park, multiple- family dwelling, dormitory, fraternity, sorority, nursing home, retirement apartment, public building, child day -care center, family day -care provider, nonprofit community hall or lodge, animal clinic, cemetery or sanitarium. ii. School /Public uses include a school (kindergarten through university), hospital, police station, fire station, post office or public golf course, incinerator, solid waste recycling transfer site, or landfills. Chapter 14.804 Zoning Code of Spokane County Page 804 -4 .'- 4- •' Use 1pe' 14804 070,:(3 Z > .r�' ,.% .. , � , z . y... r r_ S Ma imuul< . i " . . -,- b ei � nr - 'ofSi -' `Maximum Sign A rea ` w in 'Maximum r Sign Height ' Residential /Semi -Publ 1 16 sq. ft. 6 feet Schools /Public Use 1 32 sq. ft.* 15 feet Office 1 32 sq. ft.* 15 feet Commercial Uses, Other 1 32 sq. ft.* 15 feet Use per 14:804[070'(3)' . 11 i; `Maxiniurn Nurriber of Signs .. ' Maximum Sign Area' Residential /Semi -Public 1 20 sq. ft. Schools /Public Use See Section 14.804.080 See Section 14.04.080 Office 1* 32 sq. ft.** Commercial Uses, Other 1 20 sq. ft. iii. Office uses include a business or professional office. iv. Commercial Use /Other shall include commercial uses other than those listed in "i" through "iii" above and other than home industry or home profession. b. On- Premises wall signs are permitted, not to exceed the maximum number and size as shown in Table 1. Wall signs shall be unlighted or have low - intensity lighting, and shall be placed flat against the outside wall of the main building. i. Schools /Public Uses in UR -22 Zones shall be subject to wall signage standards as permitted in all commercial and industrial zones as specified in Section 14.804.080. Table 1- Wall Signs - Agricultural and Residential Zones (EA, GA, RS and RR -10, RC, UR, R -5 through UR -22) Zones *Multiple office complexes shall be allowed one wall sign per building. An office building containing multiple offices shall be allowed a 60 sq. ft. maximum sign area. c. On- Premises freestanding signs are permitted, not to exceed the maximum number, size, and height as shown in Table 2. On- Premises freestanding signs shall be unlighted or have low - intensity lighting. Table 2 - Freestanding Signs - Agricultural and Residential Zones (EA, GA, RS -10, RC, UR, R -5 throu UR -22 Zones *Maximum sign area may be increased to 60 sq. ft. for monument signs seven (7) feet or less in height. 4. Multiple Arterials In the event the use or group of uses is adjacent to more than one arterial (including through and corner lots), they will be allowed a freestanding sign(s) exclusively oriented to the additional arterial(s). The above allowance shall be calculated independently, using only the additional Chapter 14.804 Zoning Code of Spokane County Page 804 -5 Zone ' Maximum Area 5100' street frontage ' laximum Area >100': Street frontage _Maximum Height , 13-1 50 ft 50 ft 20 feet 13-2/13-3 100 ft 200 ft 30 feet I -2/I -3 40ft 80 ft 20 feet , , Zone Maxunum.number of signs' ' Maximum Maximuni:Height B -1 1 100 ft' 20 feet B -2/B -3 1 per 500 feet of street frontage* 200 ft 30 feet I -2/1 -3 1 per 500 feet of street frontage* 80 ft 20 feet arterial(s) frontage. However, in no instance shall the square footage allowance from one arterial be transferred to the other(s). 14.804.080 Sign Standards for Business and Industrial (B -1, 13-2, 13 -3, I -2 and I -3) Zones Any sign, which pertains only to the identification of a permitted use in the 13-1, B-2, 13-3, I -2 and 1 -3 zones and is Iocated entirely on the property with the use or business, is permitted, provided that it complies with the following standards. 1. Wall Signs - Individual and Multiple Businesses Wall signs are permitted on each wall of a building provided the wall sign does not exceed twenty -five percent (25%) of the total area of the wall or a maximum area of 250 square feet, whichever provides the smaller area. "False fronts" and mansard roofs shall not be included when calculating the total area of the wall. 2. Freestanding Signs (pole or monument design) - Individual Business One (1) on- premises freestanding sign is permitted. Signs shall not exceed the area and height limits as provided in Table 3. Businesses with multiple frontages may be allowed additional signage per 14.804.080(5). Table 3 - Standards for on- premises sign for individual business 3. Freestanding Signs (pole or monument design) - Multiple Businesses a. Freeshmding on- premises sign(s) for multiple businesses are permitted, not to exceed the number, area and height limits as provided in Table 4. b. Freestanding signage allowed for an individual business under 14.804.080(2) shall not be combined with the signage allowed for multiple businesses under 14.804.080(3). c. The minimum separation between signs shall be 500 feet, as measured from the center of the sign. d. One (1) of the signs allowed under table 4, may be increased to a maximum height of forty (40) feet above grade and a maximum area of 250 square feet, provided the parcel is contiguous with Interstate 90 and the underlying zoning is Community Business (8 -2) or Regional Business (13-3). Table 4 - Standards for on- premises sign for multiple businesses *One (1) freestanding sign is permitted on parcels with less than 500' of lineal street frontage. Chapter 14.804 Zoning Code of Spokane County Page 804 -6 Zone Ivlaximumnuntber of signs • Maximum area/each sign B-1 2 75 ft B -2/B -3 2 per 500 feet of street frontage* 90 ft I -2/I -3 2 per 500 feet of street frontage* 90 ft Zone Maximum number of signs Maximum area %each sign B -1 1 75 ft 13-2/13-3 2 90 ft 1-2/1-3 2 90 ft C� r" Multiple business parcel B -2 and B -3 zones 200 ft' signs with minimum 500' spacing Fe-- 500' 44 arterial 1000' Figure 1- Example of allowed signage on a parcel with 1000 feet of frontage. Multiple business parcel B -2 and B -3 zones 200 f signs with minimum 500' spacing 1•-- 500' Lir rp 4 arterial 1000' • 0 0 • c Figure 2 - Example of allowed signage on a parcel with dual frontage. 4. Incentive to Substitute Height Restricted Monument Sign(s) for Freestanding Sign(s) a. Monument signs, not to exceed seven (7) feet in height, may substitute for individual and multiple business signs under 14.804.080(2 and 3) with maximum sign number(s) and area(s) as provided in Tables 5 and 6. There is no minimum separation requirement between signs. Table 5 - Standards for on- premises monument sign for individual businesses Table 6 - Standards for on- premises monument sign for multi ple businesses *Two (2) freestanding signs are permitted on parcels with less than 500' of lineal street frontage. Chapter 14.804 Zoning Code of Spokane County Page 804 -7 arterial Multiple business parcel B -2 and B -3 zones Monumenfsign incentive using 90 ft signs Q 1000 ■ Figure 3 - Example of allowed signage using the incentive for monument signs. 5. Multiple Arterials In the event the use or group of uses is adjacent to more than one arterial (including through and corner lots), they will be allowed a freestanding sign(s) exclusively oriented to the additional arterial(s). The above allowance shall be calculated 'independently, using only the additional arterial(s) frontage. However, in no instance shall the square footage allowance from one arterial be transferred to the other(s). 6. Entrance Sign for inndustrial. Park or Planned industrial Area An industrial park or planned industrial area may have one (1) entrance /identification monument sign not to exceed 150 ft in area and 7 feet in height above grade. 14.804.085 Modification To Sign Standards (B -1, B -2, B -3, 1 -2 and I -3) Zones For shopping centers, industrial parks, mixed use developments, and hotel conference centers; the Director may approve a comprehensive sign plan that deviates from the provisions set forth in section 14.804.080 above, provided the following standards and conditions are met 1. The development exceeds the following minimum square foot floor area requirements: a. 250,000 ft for a shopping center or hotel conference center. b. 250,000 ft of commercial /industrial floor space for a mixed use development. c. 300,000 ft for an industrial park. 2. The applicant shall submit a sign plan that includes the size, location, height, lighting, construction materials and orientation of all proposed signs in addition to any other information deemed necessary by the staff. 3. The sign plan shall conform to the following standards: a. Signage shall conform to the standards of section 14.804.080; except that a maximum of three (3) of the allowed signs under 14.804.080 may be allowed an increase of 20% in sign height and area over the maximum allowed in the underlying zone. b. The cumulative sign area of all signs, including 3a above, shall not exceed the maximum that would be allowed under 14.804.080. c. The maximum number of signs shall not exceed the maximum that would be allowed under 14.804.080. 4. The sign plan shall be consistent with the Spokane County Comprehensive Plan and the purpose and intent of this chapter, as determined by the Director. Chapter 14.804 Zoning Code of Spokane County Page 804-8 O 5. Signage shall be installed in conformance with the approved sign plan and the Division of Building and Code Enforcement shall flag parcels subject to the sign plan to ensure that future signage for phased development is in compliance with the plan. 6. The applicant /owner(s) shall sign a binding agreement ensuring compliance with the approved sign plan. The agreement shall be filed as a deed restriction and shall run with the land and shall apply to present as well as future property owners. 7. Modifications to the approved sign plan shall require reapplication and approval by the Director. 14.804.090 Freestanding Sign Standards for Aesthetic Corridors (Res. 2- 0315, dated March 26, 2002) 1. The standards of 14.804.090 shall apply to parcels adjacent to the following designated aesthetic corridors: a. Spokane Valley Couplet (eastbound Appleway Avenue segment only) b. Evergreen Road (between Sprague Avenue and Indiana Avenue) c. Mirabeau Parkway d. Indiana Avenue (between Pines Road and Flora Road) 2. Wall signs shall be as per Section 14.804.070 or 14.804.080, respective of zoning. 3. Freestanding sign structures adjacent to the aesthetic corridors shall only be permitted in accordance with the following uses and standards: a. All signs shall be of monument type, not to exceed eight (8) feet in height. b. In Agricultural and Residential Zones (EA, GA, RS, RR -10, RC, UR, R -5 through UR -22), one monument sign identifying professional office(s) shall be allowed not to exceed thirty -two (32) square feet in area. c. In Business (13-1, 13-2 and 8 -3) Zones and Industrial (1 -1, I -2 and I -3) Zones monument signs shall be allowed for individual and multiple businesses with maximum sign numbers and areas as provided in Tables 7 and 8. Table 7 - Standards for on- +remises monument signs for individual businesses umber = Mlaxinium area 75 ft Zone 13-2/13-3 2 per 500' street frontage* 1-1/1-2/1-3 2 per 500' street frontage* 90 ft 90 ft *Two (2) monuments are permitted on parcels with less than 500' of lineal street frontage Table 8 - Standards for on- premises monument signs for multiple businesses M q-R.7 aYC.mum numbcrtof sins , l.l�ixmim area f each�gn • % one � _ 13 -2/13-3 I- 1 /I -2/I -3 2 per 500' street frontage* 2 per 500' street frontage* 90 ft 90 ft 13-1 2 *Two (2) monuments are permitted on parcels with less than 500' of lineal street frontage. Chapter 14.804 Zoning Code of Spokane County 75 ft Page 804-9 4. Entrance Sign for Industrial Park or Planned Industrial Area An industrial park or planned industrial area may have one (1) entrance /identification monument sign not to exceed 150 ft' in area and 7 feet in height above grade. 5. Any business that was lawfully established in accordance with the Spokane County Zoning Code and had purchased or had a duly executed contract to purchase signage along a designated aesthetic corridor prior to May 1, 2001, shall be allowed to apply for a building permit for said signage. Said permit shall conform to the signage regulations in place immediately prior to May 1, 2001. 14.804.095 Sign Standards for I Park (1 -1) Zone 1. Two (2) square feet of sign, up to a maximum of one hundred (100) square feet, shall be permitted on the front of the building for every lineal foot of building frontage; or the same sign footage encompassed within a freestanding sign of the same architectural style as the building, no higher than six (6) feet from ground level and placed within a lawn or totally landscaped area. 2. One (1) square foot of 'sign, up to a maximum of fifty (50) square feet, shall be permitted on the side or rear of a building for every lineal foot of building frontage when said side or rear is oriented to or faces a public parking area or street or, in the case of a side yard of a corner lot, the same sign footage encompassed within a freestanding sign of the same architectural style of the building, no higher than six (6) feet from ground level and placed within a lawn or totally landscaped area. 3. All wall signs shall be flat against the building or structure and shall not extend above the top of the wall. Freestanding signs shall not exceed six (6) feet in height 4. One (1) name plate for each tenant accessed by that entrance, not exceeding two (2) square feet in area, containing the name and address of an occupant will be allowed at every exterior entrance to a building. 5. Unimproved property shall be permitted one (1) freestanding for sale, lease, or rent sign not to exceed six (6) feet in height and thirty -two (32) square feet of surface area. 6. No sign may encroach upon, or overhang, adjacent property or public right -of -way. 7. Painted signs on buildings, including those attached on or to the surface of windows, are prohibited. 8. All sign illumination shall be from the interior of the sign, provided that indirect lighting shall be permitted if the light source is not visible from public parking, public road or street. Exposed neon tubing shall not be permitted. Normal sign maintenance shall be permitted, including name change of the firm or company. 9. Logos or identification symbols shall be considered signs and shall conform to all provisions of this section. 10. No sign visible from a public road or street shall be constructed or maintained to flash, rotate or in any way simulate motion. Lights that resemble traffic signals are not allowed. 11. The square footage of a sign made up of letters, words or symbols shall be determined from the outside edge of the frame itself. The square footage of a sign composed of only letters, words or symbols shall be determined from imaginary straight lines drawn from high point to high point Chapter 14.804 Zoning Code of Spokane County Page 804-10 around the entire copy or grouping of such letters, words or symbols. Those portions that are a.n integral part of the sign display shall be considered in the determination of square footage allowed. An obvious border designed as an integral part of a sign shall be calculated in the total square footage allowed. All measurements for sign height shall be from grade to the topmost part of the sign. 12. No sign in an Industrial Park site shall be constructed or located as to constitute a nuisance or in any way be detrimental to immediately adjacent uses as determined by the Planning Director. Signs will be allowed in any yard, provided the "clear view triangle" requirements in Section 14.810.020(2) are niet No sign shall be allowed adjacent to points of ingress or egress as to obstruct or impair site distances. 13. A parking directional sign shall be permitted at each major entrance to a parking lot, provided that such signs shall not exceed six (6) feet in height and fifteen (15) square feet per face, and are located within a landscaped area. 14.804.100 Sign Standards for Mining (MZ) Zone Any sign which pertains only to the identification of a permitted use in the Mining Zone (MZ) and is located entirely on the property of such use is permitted, provided that it complies with the following conditions. 1. An individual establishment may have one (1) permanent freestanding sign not to exceed thirty two (32) square feet in area. 2. No sign shall project more than fifteen (15) feet above grade. 3. In the event a use is nonconforming but could be outright permitted in the 13-2 and /or B -3 zones, the Mining Zone signage requirements will follow those for 13- 2/13 -3 zones under. Section 14.804.080. 14.804.110 Sign Location and Setback 1. All signs shall be located so that they: a. Do not interfere with vehicular or pedestrian accessibility or sight distance; b. Conform to the provisions of Section 14.810.020(2), the clear view triangle; c. Do not overhang or be located in any public right -of -way; and d. Comply with any restrictions of the Federal Aviation Administration (FAA) and Airport Overlay (AO) Zone. 2. All signs shall be located and set back as follows: a. Any portion of a sign (including structural supports) that is higher than three (3) feet and less than seven (7) feet above grade shall be located a minimum of ten (10) feet back from any public right -of -way, unless it can be demonstrated that the location of a structural support or monument sign will not create an adverse impact with regard to sight distance of vehicles entering and exiting the site. b. Structural supports less than two (2) feet in width, measured at any point on the support, and three (3) to seven (7) feet above grade, shall be exempted from (a) above. Chapter 14.804 Zoning Code of Spokane County Paee 804 -11 14.804.120 Sign Area and Calculation 1. Sign area for wall signs is equal to the message area of a sign, including graphics, letters, figures, symbols, trademarks or written copy as shown in Figure 4. Figure 5 14.804.130 Maintenance of Signs PETE' S PRO GOLF NUM III ME■ Figure 4 2. The sign area of a freestanding sign consisting of one sign shall be calculated as shown in Figure 5 below. The sign area of a freestanding sign consisting of more than one (1) sign shall be computed by adding together the total area(s) of all signs as shown in Figure 6 below. Any portion of the sign not necessary for structural support of the sign or any structural support greater than two (2) feet in width shall be considered in the determination of the square footage of the sign. A 10% increase in sign area is allowed for decorative framing or borders. Area calculation does not include decorative rocks or landscaping adjacent to a monument sign. SIGN 1 Figure 6 3. The sign area for multiple -sided signs shall be calculated as follows: a. The total sign area for a two -sided sign shall be calculated using one (1) face, therefore allowing both faces to be of equal size (for example a two -sided sign has two (2) faces with 18 square feet per side, therefore the sign area is 18 square feet). • b. The sign area for a three -sided sign shall be equal to the total amount of sign area a one -sided or two -sided sign is allowed (for example, in item 3a above, a two -sided sign is allowed 18 square feet of sign area per side which equals 36 total square feet. If a three sided sign is used instead of a one -sided or two-sided sign, the three -sided sign may allocate the 36 total square feet among three sides, therefore allowing three sides with 12 square feet per face for a total of 36 square feet of sign area) 1. Any signage that has been approved or that has been issued a permit shall be maintained by the owner or person in possession of the property on which the sign is located. Maintenance shall be such that the signage continues to conform to the conditions imposed by the sign permit Chapter 14.804 Zoning Code of Spokane County Page 804 -12 Any damaged sign base shall be repaired within sixty (60) days. 3. Any signage which has been damaged to such extent that it may pose a hazard to passersby shall be repaired or removed immediately. 14.804.740 Nonconformin Sg igns Nonconforming signs (those that were permanently installed and legally erected prior to the adoption of this Code), shall be allowed to continue in use so long as they are continuously maintained, are not relocated, and are not structurally altered or made more nonconforming in any way. Signs over 40 years old that are classified as historically significant by the historic preservation officer shall not be considered as nonconforming signs. 14.804.150 Landscaping for Freestanding and Monument Signs All freestanding and monument signs shall be located in a landscaped area. Landscaping should be appropriately sited to ensure that signs are not blocked or obscured by trees or bushes. 14.804.160 Sign Illumination Externally illuminated signs shall have low intensity lighting, confined to the sign, and positioned and shielded to minimize impacts to the surrounding area(s). Internally illununated signs shall have low intensity lighting. Chapter 14.804 Zoning Code of Spokane County Page 804 -13 Meeting Date: March 30, 2004 City Manager Sign -off: Item: Check all that apply: (] consent ❑ old business ❑ new business ( ) public hearing © information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Economic Analysis Scope of Work GOVERNING LEGISLATION: NA PREVIOUS COUNCIL ACTION TAKEN: City Council was briefed on the proposed Scope of Work on March 23, 2004. BACKGROUND: City Council has directed staff to proceed with an Economic Analysis on the Sprague /Appleway extension. A draft of the proposed Scope of Work is attached. Eastern Washington University has expressed an interest in working on the project, and is developing a proposed timeline. In the event that EWU is unable to undertake and complete the project within the necessary time frame, a Request for Proposal will be issued to hire a consultant. The draft has been sent to the Spokane Valley Chamber of Commerce, the Spokane Valley Business Association, Dr. Philip Rudy and Mr. Dick Behm, requesting distribution to all interested persons, and soliciting suggestions and comments by April 5, 2004. A similar request has been posted on the City's website. OPTIONS: Not applicable. RECOMMENDED ACTION OR MOTION: Provide direction to staff concerning proposed amendments and schedule consideration of a final Scope of Work on April 6, 2004. BUDGET /FINANCIAL IMPACTS: Estimated cost $50,000. STAFF CONTACT: Marina Sukup, AICP, Director of Community Development ATTACHMENTS Draft Scope of Work CITY OF SPOKANE VALLEY Request for Council Action Sprague Corridor Economic Analysis SCOPE OF WORK The economic analysis should include an area extending from the intersection of Sprague /Appleway and Interstate 90 on the west to Sullivan Avenue on the east.. In conducting the evaluation, proponent should consider external factors affecting the development and redevelopment within the Corridor, including but not limited to, retail centers outside the corridor such as the Spokane Valley Mall and the Costco /Home Depot center; existing mining operations and the proposed North Spokane Corridor transportation improvements. The analysis should evaluate the following: • The economic impact on existing business of a change in motor vehicle traffic during the five, ten and twenty year planning horizon. Traffic forecast data will be coordinated through the Spokane Regional Transportation Council (SRTC). • The. economic impact on existing businesses of roadway construction during a five year period. • The economic opportunities created by the extension of Appleway to Sullivan and the opportunity cost of the failure to extend Appleway during the five, ten and twenty year planning period. • Barriers to successful redevelopment of the Corridor, including institutional and regulatory barriers. • Strategies to maximize redevelopment within the Corridor, including but not limited to traffic circulation improvements and land use regulations. • Mitigation strategies to counteract adverse economic impact and/or lost opportunity for specific types of business enterprise. Economic impacts should be quantified and the methodology for calculating and evaluating impact detailed. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 30 March 04 City Manager Sign -off: Item: Check all that apply: 0 consent ❑ old business d new business ❑ public hearing ❑ information ID admin. report © pending legislation AGENDA ITEM TITLE : GRADING CODE DISCUSSION GOVERNING LEGISLATION: RCW 35A.11.020 / City of Spokane Valley Ord. #40. PREVIOUS COUNCIL ACTION TAKEN: Fee Resolution and Ord. #40 BACKGROUND: The 1997 Edition of the Uniform Building Code contained Appendix Chapter 33 to promote regulation of grading, excavation and fill work. Appendices are required to be specifically adopted by local ordinance to be in effect and enforced. Spokane Valley did not adopt this Appendix Chapter in the original Building Code Ordinances, although Ordinance #40 Section 8 did amend that Appendix Chapter. In addition, we have established a fee for obtaining Grading Permits. Appendix Chapter #33 was reformatted from Appendix Chapter #70 found in earlier editions of the Uniform Building Code. Although much of the language remained constant, over the years different ideas were brought into the body of the Chapter and small changes were made. It eventually became somewhat muddied. Finally, as the Uniform Codes were being replaced by the International Codes, that Appendix Chapter disappeared entirely. With the lack of direction for regulating earth work, anew regulation was designed. In cooperation with Dave O'Day, a Civil Engineer from Boise, a new Grading Chapter was developed for use in a different jurisdiction. Language was cleaned up, Testing Standards were updated and new definitions were added. In general, the old code was taken apart, the pieces cleaned and reorganized into a better working document. The effort was successful as the ordinance has worked very well. Faced with not having a Grading and Excavation Ordinance in the City of Spokane Valley, this draft ordinance was presented to Senior Engineer John Hohman, PE. Engineer Hohman reviewed the proposed draft ordinance and altered the document to meet the requirements for the state of Washington and other City of Spokane Valley Ordinances. What is being presented to City Council as a first touch is that document supported by the City Public Works Department and the Community Development Department. A Grading Ordinance is very important for any community to enforce. It establishes the base line for the preparation of building sites, parking Tots and earthen berms. This ordinance compliments our Storm Water and Flood Plain Ordinances as well as, among other things, details criteria for subdivision development and fire department access on private property. OPTIONS: Direct Staff to proceed with this ordinance to the Planning Commission for 8 April 2004 Public Hearing, or recommend that this ordinance be tabled. RECOMMENDED ACTION OR MOTION: Direct Staff to go forward with 8 April Public Hearing in front of the Spokane Valley Planning Commission. ' BUDGET /FINANCIAL IMPACTS: None. STAFF CONTACT: Spokane Valley Building Official Scholtens Attachment: Draft Grading and Excavation Ordinance Greetings; Spokane Valley incorporated on March 31, 2003. The Growth Management Act allows 4 years for our City to adopt a comprehensive plan and implementing development regulations. We intend to adopt a comprehensive plan that is consistent with the goals of the GMA and the Countywide Planning Policies for Spokane County. As we develop our own GMA compliant Comprehensive Plan, we may consider amendments to our Interim Comprehensive Plan, which we inherited from Spokane County. We will also process amendments to our development regulations if they are consistent with the Interim Plan. During this interim period, Spokane Valley is clearly not subject to RCW 36.70A.106. However, consistent with your request that we forward all development related requests to CTED for review and comment, please find the attached Determination of Nonsignificance, SEPA Environmental Checklist and Draft City of Spokane Valley Excavation and Grading Ordinance. A Public Hearing concerning the City of Spokane Valley Grading and Excavation Ordinance is scheduled in front of the City of Spokane Valley Planning Commission for April 8, 2004, at 6:30 p.m. That hearing will be in City Council Chambers at 11707 E Sprague Ave. #106, Spokane Valley, Washington 99206. Please contact me with your questions or comments. Tom Scholtens, C.B.O. Spokane Valley Building Official 11707 E Sprague Ave. #106 Spokane Valley, Washington 99206 509.688.0024 Description of proposal: Adopting an ordinance of the City of Spokane Valley, Spokane County, Washington, providing for regulation of grading and descriljing violations and penalties, herein referred to as "Spokane Valley Grading Ordinance" Proponent: Citv of Spokane Valley Building Division Location of proposal, including street address, if any: This action pertains to new policy development to be applicable city wide and is therefore considered a non - project action under RCW 43.21C. Lead agency: City of Spokane Valley Conumuiity Development Department. The lead agency for this proposal has determined that 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 made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. [X] There is no comment period for this DNS. City of Spokane Valley DETERMINATION OF NONSIGNIFICANCE [ ] This DNS is issued after using the optional DNS process in section 197 -11 -355 WAC. There is no further comment period on the DNS. [ J This DNS is issued under 197 -11- 340(2); the lead agency will not act on this proposal for 14 calendar days from the date below. Responsible official: Marina Su.kup, AICP Position /title: Director of Community Development Phone: (509) 921 -1000 Address: 11707 East S.ra• e Avenue Suite 106• S. okane Valle WA 99206 Date Signature You may appeal this determination to (name) Marina Sukup At City Hall located at 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA No later than March 17, 2004, 5:00 p.m. By Written Statement of Appeal You should make specific factual objections. Contact Greg McCormick, AICP to read or ask about the procedures for SEPA appeals. 1 Distribution List: 1. WA State Department of Ecology (Olympia) 2. Spokane County Department of Public Works, Gerry Geminill 3. Spokane Regional Health District; Steve Holderby 4. Spokane County Division of Building and Code Enforcement, Jeff Forry 5. Washington State Department of Transportation; Mark Rohwer 6. Spokane County Fire Protection District No. 1 7. Spokane County Fire Protection District No. 8 8. City Of Spokane, John Mercer 9. City of Liberty Lake, Doug Smith 10. City of Millwood, Heather Cannon 11. Central Valley School District, Dave Jackman 12. East Valley School District, 12325 E. Grace 13. West Valley School District, Dave Smith City of Spokane Valley Excavation and Grading Ordinance City of Spokane Valley Excavation and Grading Ordinance ittial • Excavation and Grading Ordinances are created to help safeguard a community. - Regulate excavation. fill and embankments. - Regutations apply oat both public and private property. - Ordinance provides exceptions to permit requirements for minor work. City of Spokane Valley Excavation and Grading Ordinance • Currently we have no regulation of Grading or Excavation activities outside of Building Permit execution. • Adoption of the Appendix Chapter was not incorporated into any Spokane Valley Ordinance. • The International Codes do not offer a complete Grading Code Appendix Chapter. 1 City of Spokane Valley Excavation and Grading Ordinance • In the past Uniform Building Codes Appendix Chapters 70 and 33 were used. - Over the years those chapters were slowly changed until they were eroded. - Referenced testing standards were antiquated. - Over time the definitions and sections of the chapters were changed without specific direction, creating confusion. City of Spokane Valley Excavation and Grading Ordinance • Proposed ordinance has input from many people. • Collaboration with private industry to refine code_ • Senior Engineer John liohman reviewed this proposed ordinance for City of Spokane Valley compliance. City of Spokane Valley Excavation and Grading Ordinance • Proposed ordinance is compatible with other state and city regulations. - Complies with the Washington State Environmental Policy Ad (SEPA) - Works with our proposed Stonn Water Ordinance. - Is compatible with our Ftoodplein Ordinance_ - Spokane Valley Fee Resolution contains Grading Foes. 2 � ~ l City of Spokane Valley Excavation and Grading Ordinance • The proposed ordinance has been submitted to other interested parties for comment. - CTED is reviewing the ordnance concurrently. - AIA, SEAW. ASCE, AIA, IA/DOT. SW13A & AGC as wet] as surrounding cities and other jurisdictions have aJ been notified of this pending action. - Public Hearing is scheduled for the 8 April 2004 Spokane Valley Planning Commission. City of Spokane Valley Excavation and Grading Ordinance •.4 • High Points of proposed ordinance: - Defines and details when a licensed engineer is required to prepare plan. - Clearly establishes the Grading Permit Requirements, Establishes the procedure to complete grading activity and dose a permit. Response to Violations of the Grading Ordinance are detailed. City of Spokane Valley Excavation and Grading Ordinance 3 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 04-015 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASFDMiGTON, ESTABLISHING 9.05 OF THE SPOKANE VALLEY UNIFORM DEVELOPMENT CODE CLEARING AND GRADING; REPEALING ORDINANCES IN CONFLICT; ESTABLISHING PENALTIES FOR NON - COMPLIANCE; ANT PROVIDING FOR SEVERABJLITY AND EFFECTIVE DATE. WHEREAS, the Legislature of the State of Washington has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, regulating Excavation and Grading activities is one of those responsibilities; and, WHEREAS, the Spokane Valley Uniform Development Code has been designated as the document intended to contain development regulations for the City; NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Section 9.05. of the Spokane Valley Uniform Development Code is hereby established to read as follows: Section 9.05: Excavation and Grading Section 9.05.01. Purpose a. General. The purpose of this chapter is to safeguard health, safety and welfare by regulating grading and excavation, including fills and embankments, on public and private property located within the City of Spokane Valley, Washington and to establish procedures for the issuance of permits; approval of plans and inspection of grading construction.. b. Enforcement. The Building Official is hereby authorized and directed to enforce the provisions of this section. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in.this code or any other county,.state or federal law or ordinance. c. Liability. The Building Official, or City of Spokane Valley employee charged with the enforcement of this section, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this section or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this section shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this section. Draft Ordinance 04 -015 Grading/Excavation Page 1 of 11 DRAFT d. Appeal. An appeal of any decision made by the Spokane Valley Building Official shall be pursuant to Article III, Section 1.20.39. Spokane Valley Uniform .Development Code. 9.05.02 Permit Required Except as specified in Section 9.05.03 of this section, no person shall do any grading without first having obtained a Spokane Valley Grading Permit from the building official. All grading within the City of Spokane Valley shall comply with the Washington State Environmental Policy Act. 9.05.03 Exempted Work When approved by the Building Official, a Grading Permit shall not be required for the following: 1. Grading in an isolated, self - contained area if there is no danger to private or public property. Provided however, that any grading in any [loodplain or floodway shall not be exempt from a Grading Permit. 2. Work located within a dedicated public right -of -way. 3, Landscape ponds or water features that do not exceed 500 sq feet water surface area, do not exceed than three foot in depth and are fully lined with an approved synthetic pond liner. 4. Excavation below finished grade for basements and footings of a building, retaining wall or other structure less than four feet in depth or authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1524 nun) after the completion of such structure. 5. Cemetery graves. 6. Refuse disposal sites controlled by other regulations. 7. Excavations for wells, tunnels or utilities. This includes any grading required for equipment staging, not including roads, facilitating the excavation. 8. Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property. 9. Exploratory excavations under the direction of soil engineers or professional geologists. 10. An excavation that (1) is less than 2 feet in depth or (2) does not create a cut slope greater than 5 feet in height and steeper than 1 unit vertical in 1 1/2 units horizontal (66.7% slope). 11. A fill less than 1 foot in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope). Less than 3 feet in depth, not intended to support structures that does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course. This exemption includes landscape berms if the plot plan indicates a no build zone where a specific berm is located and no slope is created greater than I unit vertical in 1 '/2 units horizontal (66.7% slope) not more than five feet (5') in height and there is no danger to private or public property. Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of this jurisdiction. Section 9.05.04. Testing. The standards listed below are, for the purpose of this Code, recognized standards: 1. ASTM D 1557, Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort 2. ASTM D 1556, Test Method for Density and Unit Weight of Soil In Place by the Sand -Cone Method Draft Ordinance 04 -015 Grading Excavation Page 2 of 11 DRAFT 3. ASTM D 2167, Method for Density and Unit Weight of Soil In Place by the Rubber Balloon Method 4. ASTM D 2937, Test Method for Density of Soil .in Place. by the Drive - Cylinder Method 5. ASTM D 2922, Test Methods for Density of Soil and Soil- Aggregate In Place by Nuclear Methods (Shallow Depth) 6. ASTM D 3017, Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth) 7. ASTM D 698, Moisture- density Relations of Soils and Soil Aggregate Mixtures. 8. ASTM D 2488, Practice for Description and Identification of Soils (Visual - Manual Procedure). 9. ASTM D 2487, Test Method for Classification of Soils for Engineering Purposes (Unified Soil Classification System) Section 9.05.05. HAZARDS a Whenever the building official determines that any existing excavation, embankment or fill on public or private property has become a hazard to persons or property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner or other person or agent in control of said property, upon receipt of notice in writing from the building official shall within the period specified therein repair or eliminate such excavation or embankment. t b Work that is done without a Grading Permit if such permit would have been required, shall be considered hazardous and a public nuisance, subject to all enforcement actions and penalties as found in the Spokane Valley Uniform Development Code Section 1.20. Section 9.05.06 DEFLYITiONS For the purposes of this chapter, the definitions listed hereunder shall be construed as specified in this section. APPROVAL shall mean that the proposed work or completed work conforms to this chapter in the opinion of the building official. AS- GRADED is the extent of surface conditions on completion of grading. • BEDROCK is in -place solid rock. BENCH is a relatively level step excavated into earth material on which fill is to be placed. BORROW is earth material acquired from either an on or off -site location for use in grading on a site. CIVIL ENGINEER is a professional engineer registered in the state of Washington to practice in the field of civil works. CIVIL ENGLNEERING is the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works. COMPACTION is the densif cation of a fill by mechanical means. EARTH MATERIAL is any rock, natural soil or fill or any combination thereof. ENGINEERING GEOLOGY is the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. EROSION is the wearing away of the ground surface due to movement of wind, water or ice. EXCAVATION is the mechanical removal of earth material. Draft Ordinance 04 -015 Grading/Excavation Page 3 of 11 DRAFT FILL is a deposit of earth material placed by artificial means. GEOTECHNICAL ENGIs \TEER See "soils engineer ". GRADE is the vertical location of the ground surface. 1. Existing Grade is the grade prior to grading. 2. Finish Grade is the final grade of the site that conforms to the approved plan. 3. Rough Grade is the stage at which the grade approximately conforms to the approved plan. GRADING is any excavating or filling or combination thereof. KEY is a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. ORGANIC MATERIAL is material derived from living things. PROFESSIONAL GEOLOGIST is a geologist experienced and knowledgeable in engineering geology and licensed by the state of Washington to practice. PROFESSIONAL INSPECTION is the observation and testing to determine conformance with project plans and specifications required by this code performed by the civil engineer, soils engineer and /or professional geologist. Such inspections include that performed by persons supervised by such engineers or geologists and shall be sufficient to form an opinion relating to the conduct of the work. SEPA Washington State Environmental Policy Act. SITE is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted. SLOPE is an inclined ground surface the inclination of which is a ratio of horizontal distance to vertical distance, expressed as a percentage. SOIL is a natural aggregate of mineral grains that can be separated by such gentle mechanical means as agitation in water. GEOTECHNICAL ENGINEER (SOILS ENGINEER) is an engineer experienced and knowledgeable in the practice of soil mechanics and foundation engineering (geotechnical engineering) licensed by the state of Washington. GEOTECHNICAL ENGINEERING (SOILS ENGINEERING) is the application of the principles of soil mechanics and foundation engineering in the investigation, evaluation and design of civil works involving the use of earth materials and the observation and/or testing of the construction thereof. SPOILS are any materials removed from an excavation. Spoils are not precluded from re-use in fills. TERRACE is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. Section 9.05.07 GRADING PERMIT REQUIREMENTS 1. Permits Required. A separate permit shall be obtained for each site, and may cover both excavations and fills. 2. Work Without a Permit. Grading commenced without first obtaining a Grading Permit from the Building Official, unless exempt pursuant to Section 3.02 of this code, is subject to all penalties described in Section 1.20.39. of the Spokane Valley Uniform Development Code Article III including the assessment of an investigative fee for the portion of the work accomplished without a permit pursuant to Section 3.02.08.1 of the Spokane Valley Uniform Development Code, based on the value of the work accomplished illegally. The fee is payable Draft Ordinance 04-015 Grading/Excavation Page 4 of 11 DRAFT prior to the acceptance of a Grading Permit Application. Payment of the investigative fee does not vest the illegal work with any legitimacy, nor does it establish any right to any perrnit for continued development of the project. Excavation or fill work that remains illegal for 90 days after service of a Stop Work Order shall be deemed hazardous. 3. Application. The provisions of TIC Section 106 are applicable to grading. Additionally, the permit applicant shall note the estimated quantities of work involved on the Spokane Valley Grading Permit Application. 4. Grading Designation. Grading in excess of 500 cubic yards shall be performed in accordance with the approved grading plan prepared by a civil engineer, professional geologist, geotechnical engineer or landscape architect licensed to practice in the state of Washington, and shall be designated as "engi.neered grading." Grading being proposed in areas identified within Spokane Valley as "Critical Areas" that require a Washington licensed design professional to prepare grading plans shall qualify as engineered grading. Grading involving Tess than 500 cubic yards shall be designated "regular grading" unless permitee elects "engineered grading ", or the submitted plans are prepared by an Washington licensed design professional, or the building official determines that special conditions or unusual hazards exist, in which case grading shall conform to the requirements for engineered grading. Section 9.05.08 Engineered Grading Requirements. Application for a grading permit shall be accompanied by two sets of plans and specifications, and supporting data consisting of a soils engineering report and/or an engineering geology report. The plans and specifications shall be prepared, signed and scaled by a design professional licensed by the state of Washington. That individual shall be considered the registered dcsigm professional in responsible charge. 1. Specifications. Specifications shall contain information covering construction and material requirements. 2. Plans. Plans shall be dimensioned, drawn upon suitable material and drawn with sufficient clarity to illustrate the nature and extent of the proposed work and shall include the following: a. General vicinity of the proposed site. b. Property limits and accurate contours of existing ground and details of terrain and area drainage. c. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction. d. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains. A design criterion is a 100 year event. e. Location of any buildings or structures on the property where the work is proposed and the location of any buildings or structures on land of adjacent owners that are within 15 feet of the property or that may be affected by the proposed grading operations. f. Recommendations included in the soils engineering report and the engineering geology report shall be incorporated in the grading plans or specifications. When approved by the building official, specific recommendations contained in the soils engineering reports and the engineering geology reports, which are applicable to grading, may be included by reference. g. A SEPA form shall be submitted, along with all other plans to complete an application. h. The dates of the soils engineering and engineering geology reports together with the names, addresses and phone numbers of the firms or individuals who prepared the reports and their professional stamp and /or seal. Draft Ordinance 04 -015 Grading/excavation Page 5 of 1 DRAFT Section 9.05.49 Residential Subdivision Grading. Grading associated with residential subdivision development shall be "engineered grading ". Plans for Residential Subdivision Grading shall contain the following details in addition to the general information required under 9.05.07. 1. Details of subdivision construction to mitigate the effects of storm water and irrigation run off for all Tots and areas of the subdivision. Specific site construction requirements to mitigate collection of water in craw]spaces and basements, 2, Final location of all grading construction spoils. if spoi is are placed on building lots, the surface overburden, i.e. topsoil and any underlying soils not conforming to the project requirements of the lots shall be removed prior to the placement of any other fill. If lots are comprised of fill materials more than. two feet in depth, the compacted fill materials below two feet in depth from finished grade shall have a minimum allowable bearing capacity of 1500 pounds per square foot. In addition, if the foundation is placed on fill materials, a foundation analysis and design_ prepared by a licensed Washington engineer, shall be required to he submitted with any subsequent Spokane Valley Building Permit Application. 3. Maximum and minimum elevations for ail basement and craw] space floors, Maximum and minimum elevations for the top of foundation walls. Maximum elevation for Ica/ property boundary Tines to provide positive drainage from building sites. 4. Requirements for swales or drainage devices to manage storm water and landscape irrigation runoff_ Section 9.05.10 Ponds, Water 'P'caturts and Man -made Lakes. All ponds, water features and man- made lakes greater than 500 sq. - ft. in surface area shall be engineered grading. Plans and specifications for ponds, water features and man -made lakes greater than 500 scl. ft. in surface area shall contain the following details in addition to the general information required under 9,05.07: 1. Plot plan showing the location of all proposed pond construction relative to any lot line utility easement, septic system or replacement area for septic systems. 2. Details of pond construction including section views, soil materials, lining material, special inspection/observation program and spoils disposal. Provide proposed final water surface elevation_ 3, Detai Es of any water retention device or darn along with provisions for overflow. 4. Written approval of a water source required to maintain the pond demonstrated by water rights, well permit or other documentation provided by state of Washington Department of Ecology (DOE), Indicate classification and status with respect to DOE darn safety regulations (Chapter 173 -175) If exempt, justification of exempt status is required. 5. Proof of notification of the proposed construction submitted to the U.S_ Army Corp of Engineers_ 6. If fish are proposed to be stocked in the pond, proof of Washington Fish and Game approval is required. Section 9.05.11 Private Driveways. Private Driveways in excess of 150 feet in length measured from the intersection of the public way to the building the driveway serves shall be considered engineered grading regardless of the amount of excavation or fill required for construction, Specifications for these private driveways are: 1. Dimensions. Unobstructed width of 20 feet and an unobstructed height of 13 ft 6 inches. 2. Surface. The surface of private driveway shall be designed and maintained to support a 75,000 pound fire truck. The road shall be surfaced so as to provide all- weather driving eapabi Eities. Draft Ordinance 04 -015 ciradinVExca \'ation Page 6 of 11 DRAFT 3. Turn radii. Turn radii of 28.5 feet minimum are required. Smaller radii may be used if a design is submitted that will allow a 75,000 pound fire truck to drive over the curb or road shoulder. 4. Turnaround. For private driveways over 150 feet in length, a 120 foot hammerhead, 60 foot "Y" or a 96 foot diameter cul -de -sac is required. 5. Grade. Private driveways equal to or exceeding a 10% slope are required to have those areas of the driveway that equal or exceed a 10% slope paved with a hard, non slip, water repellant surface, such as asphalt or Portland cement concrete. Section 9.05.12 Soils Engineering Report. The soils engineering report shall include data regarding the nature, distribution and strength of existing soils. Conclusions and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary, and an opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes shall be included. Section 9.05.13 Engineering Geology Report. The engineering geology report shall include an adequate description of the geology of the site conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinion on the adequacy for the intended use of sites to be developed by the proposed grading, as affected by geologic factors. Section 9.05.14 Regular Grading Requirements. Each application for a grading permit shall be accompanied by a plan in sufficient clarity to indicate the nature and extent of the work. The plans shall give the location of the work, the name of the owner and the name of the person who prepared the plan. The plan shall include the following information: 1. General vicinity of the proposed site. 2. Limiting dimensions and depth of cut and /or 611. 3. Location of any buildings or structures where work is to be performed and the location of any buildings or structures within 15 feet of the proposed grading. Section 9.05.14.1 CUTS and EXCAVATION 1. General. Unless otherwise recommended in the approved soils engineering or engineering geology report, cuts shall conform to the provisions of this section. 2. Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than 1 unit vertical in 2 units horizontal (50% slope). Cut slopes steeper than 50% shall require an Engineered Grading Permit. Section 9.05.14.2 FILLS 1. General. Unless otherwise recommended in the approved soils engineering report, fills shall conform to the provisions of this section. 2. Preparation of Ground. Fill slopes shall not be constructed on natural slopes steeper than 1 unit vertical in 2 units horizontal (50% slope). The ground surface shall be prepared to receive fill by removing vegetation, non - complying fill, topsoil and other unsuitable materials and scarifying to provide a bond with the new fill. Where slopes are steeper than 1 unit vertical in 5 units horizontal (20% slope) and the height is greater than 5 feet, an Engineered Grading shall be required. 3. Fill Material. Detrimental amounts of organic material shall not be permitted in fill. Except as permitted by the building official, no rock or similar irreducible material with a maximum dimension greater than 12 inches shall be buried or placed in fill. Drift Ordinance 04 -015 Gradine,�Excavation Page 7 of I I DRAFT Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan. Rock sizes greater than 12 inches in maximum dimension shall be 10 feet or more below grade, measured vertically. Rocks shall be placed so as to assure filling of all voids with well- graded soil. 4. Compaction. All fills shall be compacted to a minimum of 90 percent of maximum density. Section 9.05.14.3. SETI3ACK General. Unless otherwise recommended in the approved soils engineering report, cut and fill slopes shall be set back from site boundaries in accordance with this section. 2. Top of Cut Slope. The top of cut slopes shall not be made nearer to a site boundary line than one fifth of the vertical height of cut with a minimum of 2 feet. 3. Toe of Fill Slope. The toe of fill slope shall be made not nearer to the site boundary line than one half the height of the slope with a minimum of 2 feet and a maximum of 20 feet. Where a Fill slope is to be located near the site boundary and the adjacent off -site property is developed, special precautions shall be incorporated in the work as the building official deems necessary.to protect the adjoining property from damage as a result of such grading. These precautions may include but are not limited to: a. Additional setbacks. b. Provision for retaining or slough walls. c. Mechanical or chemical treatment of the fill slope surface to minimize erosion. d. Provisions for the control of surface waters. 4. Modification of Slope Location. The building official may approve alternate setbacks. The building official may require an investigation and recommendation by a qualified soils engineer or professional geologist to demonstrate that the intent of this section has been satisfied. Section 9.05.14.4. DRAINAGE AND TERRACING 1. General. Unless otherwise indicated on the approved soils engineering report, drainage facilities and terracing shall conform to the provisions of this section for cut or fill slopes steeper than 1 unit vertical in 3 units horizontal (36.3% slope). 2. Terrace. Terraces at least 8 feet in width shall be established at not more than 30 -foot vertical intervals on all cut or fill slopes to control surface drainage and debris. Where only one terrace is required, it shall be at mid- height. Cut or fill slopes greater than 60 feet in height shall be designed by soils engineer and shall be considered Engineered Grading. 3. Drainage. Swales or ditches on terraces shall have a minimum gradient of 5 percent and must. be paved with reinforced concrete or gunite not less than 3 inches in thickness or an approved equal paving. They shall have a minimum depth at the deepest point of 1 foot and a minimum paved width of 5 feet. A single run of swale or ditch shall not collect runofffrom a tributary area exceeding 13,500 square feet (projected) without discharging into a down drain. 4. Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability. 5. Interceptor Drains. Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes toward the cut and has a drainage path greater than 40 feet measured horizontally. Interceptor drains shall be paved with a minimum of 3 inches of reinforced concrete or gunite, or an approved equivalent. Drains shall have a minimum depth of 12 inches and a minimum paved width of 30 inches measured horizontally across the drain. The slope of drain shall be approved by the building official. Draft Ordinance 04-015 Grading/Excavation Page 8 of 1! U DRAFT 6. Disposal. All drainage facilities shall be designed to carry 100 year event waters to the nearest practicable drainage way or other discharge point approved by the building official. Erosion of ground in the area of discharge shall he controlled by installation of down drains or other devices. 7. Building fads. Surface drainage shall be diverted to a storm sewer conveyance or other approved point of collection so as to not create a hazard. Lots shall be graded so as to drain surface water away from foundation walls. The grade away from foundation walls shall fall a minimum of 6 inches within the first 10 feet. Exception: Where lot lines, walls, slopes or other physical barriers prohibit 6 inches of fall within 10 feet, drains or swales shall be provided to ensure drainage away from the structure. Section 9.05.15 EROSION CONTROL 1. Slopes. The faces of cut and fill slopes shall be prepared and maintained to control erosion. This control may consist of effective planting. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion - resistant character of the materials, such protection may be omitted. 2. Other Devices. Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety. 3. Other Requirements. The issuance of a Grading Permit does not obviate or reduce Federal EPA or Washington Department of Ecology regulations for controlling pollution or erosion by the applicant, the contractor or the property owner. 4. Issuance. The building official may require that grading operations and project designs be modified if delays occur which incur weather - generated problems not considered at the time the permit was issued. The building official may require professional inspection and testing by a soil engineer. When the building official has cause to believe that geologic factors may be involved, the grading will be required to conform to Engineered Grading requirements. Section 9.05.16 GRADING FEES 1. General. Fees shall be assessed in accordance with a resolution approved by the Spokane Valley City Council. 2. Plan Review Fees. When a plan or other data is required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. For excavation and fill on the same site, the fee will be based on the volume of excavation or fill, whichever is greater. 3. Grading Permit Fees. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. There shall be no separate charge for standard terrace drains and similar facilities. 4. Bonds The building official may require performance bonds or other instruments of credit in such form as may be acceptable to the Spokane Valley Director of Public Works in amounts deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions. Section 9.05.17 GRADING INSPECTION 1. General. Grading operations for which a permit is required shall be subject to inspection by the building official. Draft Ordinance 04 -015 Grading/Excavation ' Page 9 of 11 DRAFT 2. Professional inspection. Professional observation and testing to determine conformance with project plans and specifications of grading operations shall be provided by the civil engineer, soils engineer and/or the professional geologist retained to provide such services in accordance with Section 6.4 for engineered grading and as required by the building official for regular grading. That individual shall be the registered design professional in responsible charge. 3. Civil Engineer. The civil engineer shall provide professional observation and testing to determine conformance with project plans and specifications within such engineer's area of Icahn ical specialty, which shall consist of observation and review as to the establishment of line, grade and surface drainage of the development area. If revised plans are required during the course of the work they shall be prepared by the civil engineer and submitted to the Building Official for review and approval prior to any of the revised work commencing. 4. Soils Engineer. The soils engineer shall provide professional observation and testing to determine conformance with project plans and specifications 1,vithin such engineer's area of technical specialty, which shall include observation during grading and testing for required compaction. The soils engineer shall provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate requirements of this chapter. Revised recommendations relating to conditions differing from the approved soils engineering and engineering geology reports shall be submitted to the permitee, the building official and the civil engineer. 5. Professional geologist. The professional geologist shall provide professional observation and testing to determine conformance with project plans and specifications within such engineer's area of technical specialty, which shat] include professional observation and testing of the bedrock excavation to determine if conditions encountered are in conformance with the approved report. Revised recommendations relating to conditions differing from the approved engineering geology report shall be submitted to the soils engineer. 6. Permitee. The permitee shall be responsible for the work to be performed in accordance with the approved plans and specifications and in conformance with the provisions of this code, and the permitee shall engage consultants, if required, to provide professional inspections on a timely basis, The permitee shall act as a coordinator between the consultants, the contractor and the building official, In the event of changed conditions, the permitee shall be responsible for • inform ing the building official of such change and shall provide revised plans for approval prior to any revised work commencing. 7, )Building Official. The building official shall inspect the project and/or the inspection documents at the various stages of work requiring approval to determine that the project is within the requirements of this code. 8. Notification of Noncompliance. If, in the course of fulfilling their respective duties under this chapter, design professional in responsible charge finds that the work is not in conformance with this chapter or the approved grading plans, the discrepancies shall be reporl+ed immediately in writing to the permitee and to the building official. 9. Transfer of Responsibility. If the registered design professional in responsible charge is changed during the execution of the Spokane Valley Grading Permit, the work shall be stopped until the replacement has been named and been approved by the building official- Further, that. replacement shall agree in writing to accept their responsibility within the area of technical competence, It shall be the duty of the permitee to notify the building official in writing of such change prior to the recommencement of such grading. Dram Ord i riautice 04 -015 Gra dingaExcavatiori Pagc 10 of 11 1 DRAFT Section 9.05.18 COMPLETION OF WORK 1. Final Reports. Upon completion of the rough grading work and at the final completion of the work, the design professional in responsible charge for Engineered Grading or when professional observation and testing to determine conformance with project plans and specifications is performed for regular grading, as applicable, shall submit record plans and a final report. Those plans and reports shall indicate: a. All Grading work was done in conformance with the approved plans. b. All discrepancies encountered with the approved plans and resolutions of those discrepancies. c. All plans and reports shall bear the stamp or seal of the licensed professional preparing the report. 2. Notification of Completion. The permitee shall notify the building official when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion - control measures have been completed in accordance with the final approved grading plan, and the required final reports have been submitted to Spokane Valley. 3. Violations. Any work done in violation of any of the provisions of Article 111, Spokane Valley Uniform Development Code that continues to remain in violation is declared to be a public nuisance. Article I, Section 1.20, Spokane Valley Uniform Development Code is specifically cited to address those continued, unresolved violations. Section 9.05.19 Reserved. Section 2. Severability. If any provision of this chapter or the application to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable. Section 3. Effective date. This ordinance shall be in full force and effect five (5) days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. ATTEST: Approved by the City Council this Christine Bainbridge, City Clerk Approved as to form: Cary P. Driskell, Deputy City Attorney Date of publication: Effective date: day of , 2004. Michael DeVleming, Mayor Draft Ordinance 04 -015 Grading/Excavation Page 11 of 11 Meeting Date: March 30, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent X information GOVERNING LEGISLATION: RCW 35A.13.080 OPTIONS: Not passing the resolution. ATTACHMENTS: Proposed Resolution 04 -007 CITY OF SPOKANE VALLEY Request for Council Action old business admin. report ❑ new business ❑ public hearing 111 pending legislation AGENDA ITEM TITLE: Proposed Resolution 04 -007, Formation of Student Advisory Council PREVIOUS COUNCIL ACTION TAKEN: The Council heard this matter for the first time formally on March 23, 2004 when Mayor DeVleming provided the Council with a PowerPoint presentation. BACKGROUND: The Mayor has been engaged over the past five months in a series of meetings with some of the youth in our community. These meetings provided the Mayor with an opportunity to talk to a number of our young residents to determine what input they would like to have in the formulation of the City in both the near and long terms. Based upon those experiences, the Mayor has proposed the formation of the Student Advisory Council to discuss ideas and make recommendations to the City Council on issues requested by the City Council, or on ideas gathered by the Student Advisory Council. RECOMMENDED ACTION OR MOTION: Move that draft Resolution 04 -007, creating the Spokane Valley Student Advisory Council, be placed on the next regular meeting for consideration. BUDGET /FINANCIAL IMPACTS: It is anticipated that the annual budget for payment of incidental items necessary for conducting meetings will be $500.00 for the first year. STAFF CONTACT: Mayor Mike DeVleming or Cary P. Driskell CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 04-007 A RESOLUTION CREATING TIIE STUDENT ADVISORY COUNCIL FOR THE CITY OF SPOKANE VALLEY. WHEREAS, Spokane Valley is a non- charter code city, and RCW 35A.13.080(2) states that the City Council may provide for the appointment by the Mayor, subject to confirmation by the City Council, of an advisory citizen's corninittee; and WHEREAS, the City Council recognizes that the youth of this community represent the future for Spokane Valley; and WHEREAS, the City Council recognizes that the youth of this community possess a vision for the future of this city that should be given an official forum. The City wishes to encourage the formulation and expression of those ideas for the City's future; and WHEREAS, the City Council desires to establish the Student Advisory Council for Spokane Valley. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Creation. There is created the Spokane Valley Student Advisory Council. The purpose of sthe Student Advisory Council is to study and make recommendations to the Mayor and City Council on issues concerning the City. The Student Advisory Council may consider issues upon request from the City Council, or may consider issues raised by the Student Advisory Council pursuant to the rules of procedure adopted by the Student Advisory Council under Section 3(c) of this resolution. Section 2. Membership. A. Appointment: Members of the Student Advisory Council shall be nominated by the Mayor and confined by a majority vote of at least four (4) members of the City Council. Student Advisory Council members shall serve without compensation. B. Representation: The Student Advisory Council shall consist of fifteen (15) voting members. There shall be three representatives from Central Valley High School, three from University High School, two from East Valley High School, two from West Valley High School, one from Valley Christian, the Mayor of. Spokane Valley, the City Manager of Spokane Valley, one representative of the business community of Spokane Valley, and one at -large student to be appointed by the other fourteen members (at -large member must be a City resident, C:\Documents and Settings1cbainbridge\Lncal Senings\Temporary Internet Files\0LK2Etresolution creating student advisory council 3 -25 -04 draft I.DOC between 14 -20 years of age and cannot be attending any of the high schools currently represented). C. Length of terms: Each member of the Student Advisory Council shall serve a one -year term. Each one -year term shall be from September 1 to June 30. D. Removal: Members of the Student Advisory Council may be removed by the Mayor, with the concurrence of the City Council for any just cause, or for unexcused absence from three (3) consecutive regular meetings. The decision of the City Council regarding membership on, or removal from, the Student Advisory Council shall be final and without appeal. E. Vacancies: Vacancies occurring other than through the expiration of terms shall be filled for the unexpired term in the same manner as for appointments. Section 3. Meetings — Rules: A. The Student Advisory Council shall organize at its first meeting in September of each year and elect from its members a Chair, who shall preside at all meetings of the Student Advisory Council and perform such other functions as determined by rule. A Vice - Chair shall also be elected to preside in the absence of the Chair. A majority of the Student Advisory Council shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to carry any proposition. B. The Student Advisory Council shall determine a regular monthly meeting schedule (time, place and frequency) and shall meet, at least, one time every month. All meetings shall be open to the public. C. The Student Advisory Council shall adopt such rules and regulations as are necessary for the conduct of business. Section 4. Staff Support: The Student Advisory Council is strongly encouraged to be self - sufficient and provide its own support to the greatest extent possible. City staff members can be consulted on approval of the City Manager. Section 5. Severabilitv: If any section, sentence, clause or phrase of this resolution shall 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 resolution. Section 6. adoption. Effective Date. This Resolution shall be in full force and effective upon Adopted this day of April, 2004. C:IDocuntents and Sctiin;slcbainbridgclLoca1 Settines\Temporaty Internet Files1OLK2E.resolution creating student advisory council 3 -25-14 draft I.DOC ATTEST: City Clerk, Christine Bainbridge Approved as to Form; Deputy City Attorney, Cary P. Driskell City of Spokane Valley Mayor Michael DeVleming C:\Doeimencs and Se«ings\cbainbridge\Local Se[ti ogs).Temporary interne! FilreL I,K2eu crewing student advisory council 3 -25 -04 draft I.DOC Meeting Date: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: None STAFF CONTACT: ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action 03 - 30 - 04 City Manager Sign -off: Item: Check all that apply: ❑ consent 0 old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Governance Manual Review Report GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Mayor DeVleming will give a PowerPoint presentation regarding the Manual review. DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of March 25, 2004 4:15 p.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Manager Re: Draft Schedule for Upcoming Council Meetings April 6, 2004, Study Session 6:00 p.m. [due date March 26] 1. Second Reading Proposed Ordinance Amending Ordinance 40 & 41 - Tom Scholtens (5 minutes) 2. Proposed Resolution Setting Public Hearing Date for Street Vacation 0104 — Kevin Snyder (5 minutes) 3. Proposed Resolution Setting Public Hearing Date for Street Vacation 0204 — Kevin Snyder (5 minutes) 4. Capital Facilities Funding 2005, 2006, 2007 — Neil Kersten 5. Development Related Policy Issues — Marina Sukup/Neil Kersten 6. Proposed 2004 Budget Amendments — Ken Thompson 7. Utility Franchise Policy Points — Cary Driskell 8. Discussion of Couplet Option 2A —Neil Kersten 9. Economic Analysis (Scope of Work) — Marina Sukup 10. Advance Agenda Additions — Mayor DeVleming 11. Council Check in —Dave Mercier 12. City Manager Comments — Dave Mercier April 20, 2004, State of the City Address. Decades, Noon TOTAL MINUTES: 150 Max mtg time: 150 minutes April 13, 2004 Regular Meeting 6:00 p.m. [due date April 2] 1. UNFINISHED BUSINESS: Tabled Item: 2'" Reading Proposed Towing Ordinance 2. PUBLIC HEARING: Proposed 2004 Budget Amendment — Ken Thompson 3. PUBLIC COMMENT: Signage — Marina Sukup 4. CONSENT AGENDA • 5. First Reading Proposed 2004 Budget Amendment Ordinance — Ken Thompson [5 minutes] 6. Proposed Resolution: Alcohol Use on Public Property — Mike Jackson [5 minutes] 7. Proposed Resolution: Authorizing Formation of Student Advisory Council — Mayor DeVleming [5 minutes] 8. Motion Consideration: Approval of Economic Analysis Scope & Allowing Contract— Marina Sukup [5 mins] 9. Motion Consideration: Approval of Towing Contract Form — Cary Driskell [5 minutes] 10. Administrative Report: a. Essential Public Facilities Interlocal Agreement —Cary Driskell /Marina Sukup [5 minutes] b. Spokane Regional Convention & Visitor's Bureau Report (confirmed) [15 minutes] [estimated meeting time: 105 minutes *] April 14, 2004, 3:00 p.m. Conversation with the Community, Senior Center (30 minutes) (45 minutes) (10 minutes) (10 minutes) (15 minutes) (10 minutes) (5 minutes) (5 minutes) (5 minutes) [15 minutes] [ 10 minutes] [30 minutes] [5 minutes] Advance Agenda — Dean Revised: 3/25/2004 4:15 PM Page I of 3 April 20, 2004. Study Session 6:00 p.m. [due date April 91 1. Review of Contracts Inventory —Nina Regor 2. Administrative Report Proposed Sidewalk Ordinance — Neil Kersten 3. Precinct Lease Agreement Discussion — Cal Walker 4. Advance Agenda Additions — Mayor DeVleming 5. Council Check in — Dave Mercier 6. City Manager Comments — Dave Mercier April 27, 2004 Regular Meeting 6:00 p.m. [due date April 16] 1. CONSENT AGENDA 2. Second Reading Proposed 2004 Budget Amendment Ordinance — Ken Thompson 3. First Reading Proposed Grading Ordinance — Tom Scholtens 4, First Reading Proposed Ordinance Adopting Municipal Code — Chris Bainbridge 5. Motion Consideration: Set Public Hearing for 5/11/04 to Adopt Municipal Code — 6. Weed and Seed Grant — Cal Walker 7. Administrative Reports: [no public comment] 8. Information Only: [no public comment] a. Status of Previous Public Continents /Concerns b. Minutes of Planning Commission c. Departmental Monthly Reports May 4. 2004, Study Session 6:00 p.m. [due date April 23] 1. OPEN PUBLIC COMMENTS: Couplet 2. Consultant Presentation of Community Survey Results — Greg McCormick 3. Business License Program Discussion — Ken Thompson 4. CenterPlace Construction Status — Mike Jackson 5. Managed Competition Discussion — Morgan Koudelka 6. Advance Agenda Additions — Mayor DeVleming 7. Council Check in — Dave Mercier 8. City Manager Comments — Dave Mercier May 18, 2004, Study Session 6:00 p.m. [due date May 7] TENTATIVE: Media Relations Training (20 minutes) (15 minutes) (15 minutes) (5 minutes) (5 minutes) (5 minutes) TOTAL MINUTES: 65 Max mtg time: 150 minutes [5 minutes] [5 minutes] [15 minutes] [5 minutes] Chris Bainbridge [5 mins] [1 0 minutes] [estimated meeting time: 45 minutes* ] (45 minutes) (15 minutes) (20 minutes) (10 minutes) (15 minutes) (5 minutes) (5 minutes) (5 minutes) TOTAL MINUTES: 120 Max mtg time: 150 minutes May 11, 2004 Regular Meeting 6:00 p.m. [due date April 30] 1. PUBLIC HEARING: Adoption of Municipal Code [10 minutes] 2. CONSENT AGENDA [5 minutes] 3. Second Reading Proposed Ordinance Adopting Municipal Code — Chris Bainbridge [5 minutes] 4. Second Reading Proposed Grading Ordinance — Tom Scholtens [10 minutes] 5. Library Advisory Committee Update —Nina Regor [10 minutes] 6. Proposed Resolution Aquifer Protection Area Program Reauthorization — Mike Jackson [5 minutes] (estimated meeting time: 45 minutes* ] Advance Aeenda — Draft Revised: 3/25/2004 4:15 PM Page 2 of 3 / June 8, 2004 Regular Meeting 6:00 p.m. [due date May 28] 1. CONSENT AGENDA: May 25, 2004 Regular Meeting 6:00 p.m. 1. CONSENT AGENDA' 2. Administrative Reports: [no public comment] 3. Information Only: [no public comment] a. Status of Previous Public Comments /Concerns b. Minutes of Planning Commission c. Departmental Monthly Reports June 1, 2004 Study Session 6:00 p.m. 1. Advance Agenda Additions — Mayor DeVleming 2. Council Check in — Dave Mercier 3. City Manager Comments — Dave Mercier June 15 —18, 2004 AWC Conference Ocean Shores (No Council Meeting June 15, 2004) June 22. 2004 Regular Meeting 6:00 p.m. 1. CONSENT AGENDA Saturday, June 26, 2004 —Half Day Council Retreat June 29, 2004 Study Session 6:00 p.m. 1. Advance Agenda Additions — Mayor DeVleming 2. Council Check in — Dave Mercier 3. City Manager Comments — Dave Mercier [due date May 14] [5 minutes] [estimated meeting time: minutes* ] [due date May 21] (5 minutes) (5 minutes) (5 minutes) TOTAL 'MINUTES: Max mtg time: 150 minutes (5 minutes) (5 minutes) (5 minutes) TOTAL MINUTES: Max mtg time: 150 minutes OTHER PENDING AND /OR UPCOMING ISSUES: 09/21/04 Study Session: Overview of Draft Comprehensive Plan — Marina Sukup /Greg McCormick Second Reading Proposed Ordinance 04 -007 Stormwater— Stanley Schwartz (first reading 02- 24 -04) Second Reading Proposed Sidewalk Ordinance 04 -012 — Stanley Schwartz (first reading 02- 24 -04) First Reading Proposed Sewer Ordinance —Neil Kersten [" estimated meeting time does not include time for public comments] Advance Agenda— Draft Revised: 3/25/2004 4:15 PM Page 3 of 3