2006, 12-12 Regular Meeting
'7
AGENDA
SPOKANE VALLEY CITY COUNCIL
REGULAR MEETING
Council Meeting #106
Tuesday, December 12, 2006 6:00 p.m.
CITY HALL AT REDWOOD PLAZA
11707 Fast Sprague Avenue, First Floor
Council Requests All Electronic Devkes be Turued Off During Council Meeting
CALL TO ORDER:
INVOCA'T'ION: Pastor Dave Smith. Eiying Water Community Church
PLEDGE OF ALLF,GIANCE::
ROLL CALL:
APPROVAL OF AGENDA:
tN-MODUCTION OF SPECIAL. GUESTS AND PRESENTATIONS:
COMNIIrm. BOARD, LIAISON SUMA RV REPORTS:
MAYOR'S REPORT:
PUBLIC COMMENTS: Except t,hcre indicated below for'"pubtie comment" thk is an opportunity for
the public to speak on any topic. When you conic to the p(Aium, plcaw state your nwnr and address for
the record and limit remarks to three minutes.
1. CONSENT AGENDA: Consists of items considered routine which are approved its a group. A
Councilmcmbcr miry remove an item from the Consent Agenda to be considered separately-
a. Following Claim Voucbers:
v()IJC14 R LIST VOUCHER #s TOTAL VOUCHER
DATE JVNIOUNT
11-30-2006 10473-10474; 10486-10549 28=1,067.) 3
i 11-30-2006 10484-10485 1,480,823.20
GRAND TOTAL 1,764,890.43
b. Payroll for Period Ending Novrember 30, 2006. $216.977.46
c. Minutes of November 2R.2006 Council Regular Meeting
NEW BUSINESS
2. Second Reading Ordinance 06-028 Amending 2OU6 Budget -lien Thompson ]public comment)
Second Reading Proposed Ordinance 06-029 Amending SVMC 2.50 - Nina Regor ]public comment]
4. Proposed Resolution 06-025 Replacing 03-015 - Nina Regor (public comment]
Proposed Resolution 06-026 Replacing 04-020 -Nina Regor (public comment]
6. Motion Consideration: UGA Defined- Scott Kuhta (pubtic comment]
7. Motion Consideration: Appleway Corridor - Dave Mercier/Mike Connelly, ]public comment]
8. Motion Consideration: Lodging Tax Grant Allocations - Deputy Mayor Taylor [public comment]
Q. Mayoral Appointntcnts: Committees, Planning, Coinmissiun - Mayor A'iihite ]public comment]
Cowieil Agmdu 12-1:-1jd Rxpdu SIc, M I'agc I tit 2
PUBLIC COMMENTS Except where indicatrxl above for "public comment" this is an opportunity for
the public to speak: on any topic. When you come to [tic podium. plt ise staic vnur wime and nddmss for
the record and limit remarks to three minute.
ADNMUSTRAMT. REPORTS:
10. Dangerous Dog Appeal - Cary UriskcII
1 I . Unifonn Developmcnt Codc (l.TDC) Title P, 1 S. and 20 - Greg NIXormicl
INFORMATION ONIAY:
FXV('('TI\'E SESSION'
A1)JOI-kENT
FUTURE .SCHEDULE.
Regular Council Meetings are generally held 2nd and -P Tuesdays, beginning at 6:00 p.nr.
Council Study .Sessions are generally held 1't, Y4 and 5th Tuesdgt% beginning at 6:00 p. m.
Other 1 entatisy ! ncr~mirre .tlc~airr~s;'T t c sets:
NuIR(.1i, indvii.1uul+ptar:nrrt0 to att:n.1 trc tnc.t,t,g '.Ow rqutrc vutital a mistarrce to UL(InIrnixLte pli)•_ical, hearing, w mil a
impairments, please contut the City C1srk it (5091421-1000 as soon as possible so &a arnnngements may be mitdc-
lnllli'i i~~: R[IT . _-t_-i In hC?;lilt ~•~'trll7l~ ' _
CITY OF SPOKANE VALLEY
` Request for Council Action
Meeting Date: 12-12-06 City Manager Sign-off:
Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Approval of the Following Vouchers:
BACKGROUND:
VOUCHER LIST DATE. VOUCHER tts TOTAL VOUCHER
AIMOUNT
11-30-2006 10473-10474; 10486-10549 284,067.23
11-30-2006 10484-10485 1,4802823.20
GRAND TOTAL 1,764,890.43
RECOMMENDED ACTION OR MOTION:
Approve claims for vouchers as listed above.
BUDGETIFINANCIAL IMPACTS:
STAFF CONTACT: Amy Sienknecht
ATTACHMENTS Voucher Lists
vchlist ,;Voucher. List page: 1
11/3012006 3:37:16PM Spokane Valley.
Bank code : apbank
Voucher Date Vendor Invoice PO # DescriptionlAccount Amount
10473 11/2112006 000001 SPOKANE COUNTY TREASURER 11212006. QUITCLAIM DEED 10.00
-Total : 10.00
10474 - 11122/2006 000766 YMCA OF THE INLAND NORTHWEST. 11222006 OPS & MAINTENANCE OF POOL FA 57,474.00
Total : 57,474.00
10486 11/3012006.000958 AAA SWEEPING, LLC 36892 41203 06-008 VACTORING SERVICES 14,103.82
36900 41167 06-015 STREET SWEEPING SERVI( 2,037.34
Total : 16,141.16
10487 11/30/2006 001081 ALSCO Ispo1128827 FLOOR MATS FOR CITY HALL & BU . 80.44
Total : 80.44
r
10488 1113012006 060720 AMSAN CUSTODIAL-SUPPLY WC. 381151 41403 JANITORIAL SUPPLIES 72.28
Total : 72.28
10489 .11/30/2006 001192 ANDREWS,-KENNY 11282006 REFUND REQUEST 32.50
Total : 32.50
10490 11/30/2006000234 ARLT, SHANE 11212006: REIMBURSEMENT 44,59
Total : 44.59
10491 11/30/2006 001012 ASSOCIATED BUSINESS SYSTEMS 114690 MONTHLY CONTRACT BILL 1,092.43
37247a-1 COPIER SUPPLIES 265.80
Total : 1,358.23
10492 11130/2006 000173 BINGAMAN, GREG - 11292006 REFUND REQUEST 12.12
Total : 12.12
10493 11/30/2006 000671 BUILDING PERMITS LAW BULLETIN 11212006 SUBSCRIPTION FOR BUILDING OR 99.00
Total : 99.00
10494 11130/2006 000604 CAMERON CONTRACTING, INC. 11202006 40972 0022 - DISHMAN-MICA RD REHAB F 9,567.93
Total : 9,567.93
10495 11/3012006 001122 CAMERON-REILLY, LLC 1162006 41272 QUOTE #0014-06, 16TH AVE,SIDEVA 20,535.20
Page: 1
vchlist Voucher List Page: 2
1113012006 3:37:16PM -Spokane-Valley
Bank code : apbank
Voucher Date Vendor Invoice PO # Description/Account Amount
10495 11/30/2006'001122 001122 CAMERON-REILLY, LLC (Continued) Total : 20,535.20
10496 11/30/2006 001105 CAPITAL ENTERPRISES & ENGINEER 2190 41258 QUOTE #0013-06 FLASHING BEAC( 23,973.67
Total : 23,973.67
10497 11/30/2006 001139 CATS EYE EXCAVATING, INC. 131 41323 CONTRACT NO 06-022 CATS EYE 1 3,560.28
132 41323 CONTRACT NO 06-022 CATS EYE 1 • 3,452.61
Total : 7,012.89
10498 11/30/2006 000101 CDWG cnh1185 41389 HP SDLT TAPE AND BARCODE LAE 1,313.23
cpd7554 41389 HP SDLT TAPE AND BARCODE LAE 80.84
Total : 1,394.07
10499 1113012006 000863 CENTURY WEST ENGINEERING CORP. 023322 41285 CONTRACT #06-017 CENTURY WE: 378.49
023329 41266 0039 - 06-016 ARGONNE ROAD OVI 3,770.84
Total : 4,149.33
105,00 11/3012006 000729 CH2MHILL-INC. • 3576511 41025 0003-BARKER ROAD-. BRIDGE 61,778.97
Total : 61,778.97
10501 11/30/2006 000143 CITY OF SPOKANE 11212006 -DISPOSAL OF_ SOLID WASTE 9.27
Total : 9.27
10502 11/30/2006 001048 CITY PARCEL DELIVERY, INC. 0048764 STATEMENT FROM 10131/06 97.19
Total : 97.19
10503 11130/2006 000571 CODE PUBLISHING COMPANY 27248 WEB HOSTING 380.10
27260 ELECTRONIC UPDATE.NOV. 2006 82.54
Total : 462.64
10504 11/30/2006 000109 COFFEE SYSTEMS INC 45414 COFFEE ORDER FOR CENTERPLA 114.79
45415 COFFEE ORDER 11117/2006 156.20
Total : 270.99
10505 11/3012006 000326 CONSOLIDATED IRRIGATION DIST, #19 11212006 = BARKER ROAD PROJECT 72140
Total: M.40-
10506' 11/30/2006 000035 CORPORATE EXPRESS 74857547 41398 KITCHEN SUPPLIES 346.78
fie: 2
vchlist Voucher List Page: 3
11130/2006 3:37:16PM Spokane Valley
Bank code : apbank
Voucher Date Vendor Invoice PO # DescriptionlAccount•. Amount
10506 11/30/2006 000035 000035 CORPORATE EXPRESS (Continued) Total : 346.78
10507 1.1/3012006 001188 DANIELSON, TOM 11212006• REIMBURSEMENT 67.31
Total : 67.31
10508 11/30/2006 000683 DAVID EVANS & ASSOCIATES 209511 41315 0016 - APPLEWAY - DAVID EVANS . 1,608.00
Total : 1,608.00
10509 11130/2006 00,0537 DAVID EVANS AND ASSOCIATES, IN 209271 41267 QUOTE #0015-06 1,529.03
209512 41286 CONTRACT #06-020 DEA DEV. PLA 2,909.50
209513 41286 CONTRACT #06-020 DEA DEV. PLA 7,980.00
Total : 12,418.53
10510 11/30/2006 000912 DEX MEDIA WEST 307118713 ADVERTISING SERVICES 94.85
Total : 94.85
10511 11130/2006 000171 GEIGER CORRECTIONS CENTER 41500146 WORK CREW INVOICE 5,436.51
Total : 5,436.51
10512 11/3012006 000917 GRAYBAR 921754044 SUPPLIES FOR•NEW BUILDING SP, 0.98
921988830 CABLES FOR PHONE LINES 51.83
Total : 52.81
10513 11/30/2006 000002 H & H•BUSINESS SYSTEMS INC. 152102 COPIER MAINTENANCE. 34.87
152103 COPIER MAINTENANCE 20.95
152108 COPIER MAINTENANCE 82.33
152112 COPIER MAINTENANCE 18.31
.152133 COPIER MAINTENANCE '29.80
152175 MONTHLY. COPIER RENTAL 166.84
152198 MONTHLY COPIER RENTAL .166.43
152199 MONTHLY COPIER RENTAL 72.91
Total : 592.44
10514 11/3012006 000902 INLAND TREE SERVICE, INC. 7952 41352 QUOTE #0023-06 INLAND TREE SE 895.96
Total : 895.96
10515 11/30/2006 000117 JOURNAL NEWS PUBLISHING INC. 28357 ADVERTISING 25.00
28358 ADVERTISING 79.50
Page: 3
vchlist Vouther.List Page: 4
1113012006 3:37:16PM Spokane Valley
Bank code : apbank
Voucher Date Vendor- Invoice PO # Description/Account Amount
10515 1113012006 040117 JOURNAL NEWS PUBLISHING INC. (Continued)-.
28359 ADVERTISING 64.50
26381 ADVERTISING 59.45
28364 ADVERTISING 25.00
28385 ADVERTISING 62.25
28386 ADVERTISING 68.25
28387 ADVERTISING 61.50
Total : 445.45
•10516 11/3012006 001191' LEWIS, KATHI 11282006 REFUND REQUEST 215.00
Total : 215.00
10517 11/30/2006 000069 MERCIER, DAVID 11282046 AUTO ALLOWANCE 400.00
Total : 400.00
10518 11/3012046 000662 NATIONAL BARRICADE &'SIGN CO., OF 53472 41303 NATIONAL BARRICADE - MISC. NEI 54.25
Total : 54.25
10519 11/30/2006 001035 NETWORK DESIGN & MANAGEMENT 14529 SERVER MAINTENANCE 2,470.00
14618 MAINTENANCE 942.50
Total : 3,412.50
10520 11/30/2006 000344 NFPA 3541719x MEMBERSHIP NOTICE, 135.00
Total : 135.00
10521 11/30/2006 001190 NFPA, NATIONAL FIRE CODES SUBSC 11282006 SUBSCRIPTION RENEWAL 675.00
Total : 675.00
10522 11/30/2006.000911 NOTE, INGA 11212006 REIMBURSEMENT 32.00
Total : 32.00
10523 11/3012006 000036 OFFICE DEPOT CREDIT PLAN 11202006 POWER STRIPS FOR NEW BUILDO 260.47
Total : 260:47
10524 11/30/2006 000652 OFFICE DEPOT INC. 359762962-001 41377 OFFICE DEPOT SUPPLIES 56.30
359955237-001 VIEWSONIC 19" MONITOR FOR NE 239.72
41378
361126155-01 41387 HP 15AA ASER JET PRINT CARTRI[ 123.31
~_,ae: 4
vchlist Voucher List Page: 5
1113012006 3:37:16PM Spokane Valley
Bank code : -apbank
Voucher Date Vendor Invoice PO # Description/Account Amount
10524 11/3012006 000652 OFFICE DEPOT INC. (Continued)
361776743-001 41392 OFFICE SUPPLIES FOR FINANCE 40.82
361908253-001 41393 MICROSOFT ERGONOMIC KEYBOA 65.27
363118611-001 OFFICE SUPPLIES 260.53
Total : 785.95
10525 11/30/2006 000512 OFFICETEAM 17114644 SERVICES FOR ANGELA FINCH 660.00
17154450 SERVICES FOR ANGELA FINCH 660.00
17206670 SERVICES FOR CENTERPLACE 483.84
Total : 1,803.84
10526 11/3012006 000418 PARSON, KAREN 11282006 REIMBURSEMENT 49.62
Total : 49.62
10527 11/3012008 001033 PFLIEGER, CHARLIE 11202006 REIMBURSEMENT 493.22
Total : 493.22
10528 11/30/2006 001089 POE ASPHALT PAVING, INC. 42210 41325 CONTRACT NO.06-019 POE ASPHA 13,455.00
Total : 13,455.00
10529 11130/2006 000494 PRO PEOPLE STAFFING SERV INC. 17,960 SERVICES FOR BRETT JOHNSON 528.62
Total : 528.62
10530 1113012006 001161 PROVISIONAL STAFFING SERVICES 3008-0500013820 SERVICES FOR MATT KUSHNER 818.56
3008-0500013864 SERVICES FOR MATT KUSHNER 1,023.20
Total : 1,841.76
10531 11/30/2006 001067 QUINLAN PUBLISHING GROUP 11222006 SUBSCRIPTION 197.00
Total : 197.00
10532 11/30/2006 000322 'QWEST . 11282006 SERVICES FOR CENTERPLACE 42.79 .
Total : 42.79
10533 11/30/2006 001071 :ROAD PRODUCTS INC. 005373. 41241 QUOTE.#0005-06 DISHMAN MICA/A 11,248.79
Total : 11,248.79
10534 11/30/2006 001140 SPECIAL ASPHALT, PRODUCTS invco37313 41365 QUOTE NO. 0026-06- COLD MIX 733.06
Page: 5
vchlist VoucherList Page: 6
11/30/2006 3:37:16PM Spokane.Valley
Bank code : apbank
Voucher Date Vendor Invoice PO # -Description/Account: Amount
10534 11/30/2006 001140 001140 SPECIAL ASPHALT PRODUCTS (Continued)' Total : 733.06
10535 11/30/2006 000172 SPOKANE COUNTY ENGINEER 18195 CONSTRUCTION PERMIT 53.70
Total : 53.70
10536 11/30/2006 000001 SPOKANE COUNTY TREASURER 111292006: REFUND REQUEST 140.00
Total : 140.00
10537 11/30/2006 000424 SPOKANE COUNTY UTILITES, STORMW csv2005-004 STORMWATER DECANT SITE 452.08
csv2005-005 STORMWATER PUMPS 271.80
Total : 723.88
10538- 11/30/2006 00OB98 SPOKANE PROCARE 11202006 INVOICE SUMMARY 10/1/06 5,529.39
Total : 5,529.39
10539 11/30/2006 000862 SPOKANE ROCK PRODUCTS, -INC. 11202006 41198 06-013 DISHMAN MICA OVERLAY N 7,743.88
Total : 7,743.88
10540 11130/2.006 000939 SPRAGUE & SULLIVAN MINISTORAGE 18897 RENT OF STORAGE SPACE FOR C 119.00
Total : 119.00
10541 11/30/2006 000311 SPRINT SPECTRUM, L.P. 11212006 ACCOUNT 0141276664-3 790.44
Total : 790.44
10542 11130/'2006 000516 TETRA TECH/KCM 50050894 40617 .TETRA TECH TOP SOIL MIX DESIGI 3,452.00
Total : 3,452'00
10543 11/30/2006 001160 TOWER ELECTRICAL SERVICES 0020738-in ' ADDITION TO NETWORK CABLES 401.48
Total : 401.48
10544 11/30/2005.00118.9 WA STATE DEPT. OF AG., PESTICIDE M, 11212006 PESTICIDE LICENSE- RENEWAL 25.00
Total25.00
10545 11/30/2006 000100 WABO INC. 778807 2007 MEMBERSHIP RENEWAL 150.00
Total : 150.00
10546 11/30/2006 000608 WASHINGTON STATE UNIVERSITY e0007734 41282 TRAFFIC SOLUTIONS WORKSHOP '79.00
e0007736 41282 TRAFFIC SOLUTIONS WORKSHOP 79.00
Ie: 6
i -
Vchlist Voucner List ' Page: 7
1113012006 3:37:16PM Spokane Valley
Bank code: apbank
Voucher Date Vendor Invoice PO # Description/Account Amount
10546 11130/2006 000608 000608 WASHINGTON STATE UNIVERSITY (Continued) Total : 158.00
10547 11130/2006 000038 WASTE MANAGEMENT OF SPOKANE 0030306-1518-9 LANDFILL SERVICES 780.01
Total : 780.01
10548 11/30/2006 000061 WILHITE, DIANA 11282005 REIMBURSEMENT - 154.07
Total : 154.07
10549 11/30/2006 000347 WORLEY, STEVE 11212006 REIMBURSEMENT 225.00
Total : 225.00
66 Vouchers for bank code : apbank Bank total : 284,067.23
66 Vouchers In this report Total vouchers : 284,067.23
APPR&ED:
I, the undersigned, do certify under penalty of perjury,
that the materials have been furnished, the services Ken Thompson, finance Director Date
rendered, or the labor performed as described herein
and that the claim is just, due and an unpaid obligation
against the City of Spokane Valley, and that I am
authorized to out and certify to said claim. MayorWilhite
Finance Director Date ,
Page: 7
vchlist Voucher List Page: 1
1113012006 11:06:35AM Spokane Valley +
Bank code : apbank
Voucher Date Vendor Invoice PO # Description/Account Amount
10484 11/30/2006 000645 ECONORTHWEST .8564 41207 SPRAGUE/APPLEWAY CORRIDOR 153,420.00
Total : 153,420.00
10485 11/3012006 000001 SPOKANE COUNTY TREASURER 11202006 'SERVICES PAYMENT 1,327,403.20
Total : 1,327,403.20
2 Vouchers for bank code : apbank Bank total : 1,480,823.20
2 Vouchers in this report Total vouchers : 1,480,823.20
APPROVED:
I, the undersigned, do certify under penalty of perjury, ile~ 2&2::~z Cf
that the materials have been furnished, the services Ken Thompson, Finance Director Date
rendered, or the labor performed as described herein
and that the claim is just, due and an unpaid obligation
against the City of Spokane Valley, and that 1 am
authorized to authenticate and certify to said claim.
Mayor Wilhite
Finance Director Date +
Page: 1
r
CITY OF SPOKANE VALLEY
' ~l Request for Council Action
J.
Meeting Date: 12-12-06 City Manager Sign-off:
Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE :
Payroll for Period Ending November 30, 2006
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
L OPTIONS: - -
RECOMMENDED ACTION OR MOTION:
BUDGETIFINANCIAL IMPACTS:
Gross: $ 145,824.59
Benefits: 71 152.87
TOTAL PAYROLL: $ 216,977.46
STAFF CONTACT: Jason Faulkner
ATTACHMENTS
DRAFT
A TINUTES
City of Spokane Valley
City Council Regular Meeting
Tuesday, November 28, 2006
Mayor Wilhite Galled the meeting to order at 6:00 p.m., and welcomed everyone to the 105th meeting.
Attendance: Cin' Staff
Diana Wilhite, Mayor Dave Mercier, City Manager
Steve Taylor, Deputy Mayor [arrived 7:55 p.m.] Nina Regor, Deputy City Manager
Mike DeVleming, Councilmember Mike Connelly, City Attorney
Dick Denenny, Councilmember Ken Thompson, Finance Director
Bill Gothmann, Councilmember Neil Kersten, Public Works Director
Rich Munson, Councilmember Marina Sukup, Community Development Dir
Gary Schimmels, Councilmember J:an-ived 6:55 pm] Mike Jackson, Parks & Rec Director
Morgan Koudelka, Administrative Analyst
Greg McCormick, Planning Manager
Scott Kuhta, Senior Planner
Cal Walker, Police Chief
Carolbelle Branch, Public Information Officer
Greg Bingaman, IT Specialist
Chris Bainbridge, City Clerk
TNVOCAI`ION: Pastor Al 1-lulten, of Valley Assembly of God gave the invocation.
PLEDGE OF ALLEGIANCE: Mayor Wilhite led the Pledge of Allegiance.
ROLL CALL: City Clerk Bainbridge called roll; Deputy Mayor Taylor and Councilmember Schimmels
are anticipated to arrive later; all other councilmembers present.
APPROVAL, OF AGENDA: It was moved by Councilrnember Munson, seconded and unanimously
passed to approve the amended agenda as presented.
INTRODUCTION OF SPECIAL GUESTS AND PIZ_ESENTATIONS:
Mayor Wilhite-announced that .this _is..Police Chief:.Cal Walkees last evening with Us as-Pplicc chief she
mentioned that along with many other tasks, Chief Walker was instrumental in crafting a contract
between us and the Sheriff's Office, and that his dedication and excellent service will be greatly missed.
Each Councilmember also extended best wishes to Chief Walker, and expressed thanks for his
professional yet relaxed demeanor. Chief Walker was presented with a plaque commemorating his
position as Spokane Valley's First Police Chief. Chief Walker then commented that sewing in this
position helped him grow and will enabled him to accomplish more in the future based on what he learned
while in the service of the City of Spokane Valley. Congratulations and accolades were extended to Chief
Walker.
Mayor Wilhite called for a recess at 6:10 p.m.; and reconvened the meeting at 6:20 p.m.
CON17NUTTEE, BOARD, LIAISON SMi -MARY REPORTS:
Councilmember Munson: reported that he attended the Spokane Transit Authority Board meeting to
discuss several items, and that the Board decided to delay any further decision concerning light rail until
they can gather information on what the public agreed to on the 3/10ths of a cent sales tax. Mr. Munson
Council Meeting: 11-28-06 Page I of 5
Approved by Council:
DRAFT
also reported that he attended the Operations & Administrative Committee meeting, and that in the future,
members of the public will be able to acquire a two-hour bus pass rather than a bus token and transfer in i
the hope of making it easier to ride the bus.
Council-member Gothmann: stated that attended the recent Health Board Meetings; and noted at the
Chamber of Commerce meeting that they have concerns regarding providing funding for the site selector
program.
Councilmember Denen.ny: Mentioned he also attended the recent Health Board meetings.
MAYOR'S REPORT:
Mayor Wilhite reported that she helped welcome back national guard troops; and attended a luncheon
sponsored by Teenaid and Leadership of Spokane.
PUR.UC CONTMENTS: Mayor Wilhite invited general public comments.
1Jar ry Sladich, Spokane Regional Convention & Visitor's Bureau: remarked that the new marketing piece
"Spokane Meeting Planners Handbook & Directory of Services" is just off the press, and he distributed
copies to councilmembers. Mr. Sladich remarked that page 24 highlights the Spokane County Fair &
Expo Center, and that page 25 highlights CenterPlace, adding that this magazine will be widely
distributed and has thus far been well received.
Eric Soyer, Executive Director of the Regional Sports Commission: expressed appreciation for the City's
support; and thanked Parks and Recreation Director Jackson for use of Mission Park; and invited
everyone to the December 9'National Junior Olympic Cross-Country Championships to be held at Plantes
Ferry. .
ENfPLOYEE RECOGNITION: see "Introduction of Special Guests and Presentations" above.
1. PUBLIC IfEATtNG: Proposed Amended 2006 Budget- Ken Thompson
Mayor Wilhite opened the public hearing at 6:29 p.m., and invited Finance Director Thompson to the
podium. Mr. Thompson discussed the proposed amendments to the 2006 budget as outlined in his
!November 28, 2006 Request for Council Action form. Mayor Wilhite invited public comments; no
comments were offered and Mayor Wilhite closed the public hearing at 6:40 p.m.
2. CONSENT AGENDA: Consists of items considered routine which are approved as a group. A
Councilmember may remove an item from the Consent Agenda to be considered separately.
a. Following Claim Vouchers:
VOUC-HER. LIST DATE, VOUC1-[Elt 9s TOTAL VOUCHER AMOUNT
11/06/2006 1,0364 $5,950.56
11/13/2006 10413 $44,963.81
1 1 /20/2006 10420 -10472 $189,772.37
GRAND TOTA.I., 5240,686.74
b. Payroll for Period Ending November 15, 2006. S161,162.46
c. Minutes of November 14, 2006 Council Regular Meeting
It xvas moved by Coanrcilmember Denenny, seconded and unanimously passed, to approve the Consent
Agenda.
NEW BUSLN"ESS
3. Second Reading Ordinance 06-027 Amending [tight-of-way Permit Process - Morgan Koudelka
After City Clerk Bainbridge read the ordinance title, it war moved by Councilrnember Munson and
seconded to approve ordinance 06-027. Mr. Koude.lka explained the changes to the ordinance since the
first reading, to clarify the definitions; and of extending from one to two hours the duration of right-of-
Council Meeting: 11-28-06 Pa-e 2 of 5
Approved by Council:
DRAFT
way activities that are exempt from permitting requirements; and noted that rather than an obstruction
i permit ordinance, this will be referred to as the right-of-way permit ordinance. Mayor Wilhite invited
public comment; no comments were offered. Vote by Acclamation: It? Favor: Unanimous. Opposed:
Norte. Abstentions: None. Motion carried.
4. First Reading Proposed Ordinance 06-028 Amending 2006 Budget - Ken Thompson
After City Clerk Bainbridge read the ordinance title, it ivas moved by Councilmember DeYleming mid
seconded, to advance ordinance 06-028 to a second reading. Finance Director Thompson had no
additional comments from those made during the public hearing process. Mayor Wilhite invited public
comments; no comments were offered. Vote by Acclamation: In Favor.- Unmmiimous. Opposed: None.
Abstentions: None. Motion carried.
5. First Reading Proposed Ordinance 06-029 Amending. Spokane Valley Municipal Code 2.50 Personnel
Policies - Nina Regor
After City Clerk Bainbridge read the ordinance title, it was moved by Councilmeinber illimson and
seconded to advance ordinance 06-029 to a second reading. - Deputy City Manager Regor explained the
proposed changes including the removal of the phrase "conditions of employment" as that is inconsistent
with the Council-Managcr form of government; and the added items of nepotism, conflict of interest and
violence in the workplace. (Councilmembers Schimmels- arrived at 6:55 p.m.] Discussion included
mention of the rules that might apply to councilmembers which is not part of this ordinance but would be
a separate topic; the definition and some examples of nepotism. Mayor Wilhite invited public comment;
no comments were offered. Vote by Accloination: In Favor: Unanimous. Oppose& None. Abstentions:
None. Motion curried.
6. Proposed Resolution- 06-026 Master Fee Schedule - Ken Thompson
After City Clerk Bainbridge read the'ordinavice title, it was "moved by Councilinetriber Alunson'and
seconded, to adopt Resolution 06-024. Finance Director Thompson explained the proposed changes,
including the removal of the blasting permit fee, the increased st:ormwater fee, right-of-way fees, the
rationale for the fees for subdivision and binding site plan, and miscellaneous housekeeping changes on
pages 7, 9, t l and 12. rN4r. Thompson added that page 12 "L" should state "plan check fee - 40% of the
building permit fee; " and 92 should state "based on value of project with a minimum of $3,000 value; "
and that it appears that the binding site plan modification fee was inadvertently switched with the binding
site plan; and that Mr. Thompson will research to make sure the correct figures are aligned with the
correct item. The question of the Center.Place auditorium use with or without the presentation was
discussed as it seemed a little confusing; and it was determined that staff will add a footnote to clarify that
section Mayor Vilhite-invited public comment; no *comments were'offered. lvv.,as also menliooned-that
Mr. Jackson will schedule a future council meeting to give a report on the estimated first quarter
CenterPlace rentals. Vote by Acclamation: M Favor: Unanimous. Opposed: Alone. Abstentions: Alone.
Motion carried
PUBLIC CONNIAfFNTS Mayor Wilhite invited general public comments.
Tonv Lazanis, 1626 E Empire: mentioned that he noted there will be an administrative report tonight on
cable; and that he wanted to remind council that cable is expensive; that he feels cable uses the public
right-of-way and airways; that they make a lot of money; and he hopes Council will not approve any
increases; adding that he doesn't want to give them (cable] something they don't deserve and if the Cable
Company doesn't accept it, to give them a "ticket out of town."
A INU:1`iSTRATIVF REPORTS:
7. North Spokane Corridor (US 395) Update - Jerry Lenzi, Dept of Transportation
Mr. Jerry Lenzi of the Department of Transportation, gave a PowerPoint presentation on the status of the
'North/South Corridor, which report included photos of the area, background, projected population and
Council Meeting: 11-28-06, Page 3 of5
Approved by Council:
DRAFT
"Vehicle Miles Traveled" in the urban area; the environmental phases, the various projects associated
with the corridor; the history of public involvement, construction costs, public support, and risk items
such as price escalation. Discussion included the relationship between this project and Bigelow Gulch and
also to Highway 95; that the corridor is an important means for freight mobility; and that Mr. Lenzi feels
the legislators need to be contacted steadily as there is great competition for funding.
8. Cable Television Public Access Concept: Communih-Minded TV - ]Ian Baumgarten
Administrative Analyst Koudelka explained that the current Cable franchise agreement will expire March,
2007, and that Comcast is no longer required to provide operational support for public access; that such
equipment will no longer be accessible after the first of the year; and that the non-profit group
Community Minded Enterprises would like to discuss their proposal to provide an outlet to local
producers through an alternative to public access; and that this option would allow for greater editorial
control over programming and focus on broadcasting programming that adds value to the community.
Mr. Koudelka then introduced Mr. Dan Baumgarten who would give the presentation on Community-
Minded 'I'V; and prior to that, Mr. Al Gilson; Chair of the Cable Board will also snake some remarks. Mr.
Gilson remarked that the Cable Board deliberated on what Comcast is currently negotiating with the City
of Spokane; and they looked at concepts of how government access television can be funded, such as the
educational aspects of channels 13-19; and that he is impressed with Community Minded TV, and feels it
will be an exciting new way to have public access; and he urges Council to consider this option as it
negotiates its franchise agreement with Comcast. Mayor Wilhite thanked Mr. Gilson for his work and
service on this board, and realizing that he won't pursue another term on the board when his term expires
the end of this year, wished him well and again thanked him for all his service. Mr. Gilson also
introduced the other board members in attendance.
Mr. Baumgarten explained his proposal as stated in his background documents included in the council
packet, and said that he hopes to have another opportunity to go into further detail later but tonight is to
introduce the concept and answer questions. (Deputy Mayor 'T'aylor arrived at 7:55 p.m.] After Mr.
Baumgarten's explanation of the Community-Minded TV; Councilmember Munson asked about
operation and maintenance; and Mr. Baurngarten explained that the franchise arrangement seems to
involve some restrictions as to capital expenditures, but he is unsure what restrictions we are under in our
negotiations with Comcast; adding that he is eager for council to look at the possibility of making a
commitment of being involved financially. Mr. Koudelka added that the City of Spokane is also
considering this proposal, and if approved, would give the non-profit group a grant of $200,000 for the
year 2007, with potential $50,000 in the second and third year of the contract. It was Council consensus
for staff to continue to explore this idea; to monitor the progress being made with the City of Spokane,
and report those findings to Council at a-later date.- - - - -
9. T..odging Tax Advisory Committee Grant Recommendations - Deputy Mayor Taylor
Deputy Mayor Taylor acknowledged Lodging Tax Advisory Committee members PcQgy Doering and
Brendan Genther in attendance tonight; and also thanked other committee members Liz Beck and Mile
Conway for their assistance. Mr. Taylor said that while the committee recognized there were ample funds
available; they did not want to allocate all funds but rather keep a reserve and use the finds
conservatively and wisely. Mr. Taylor mentioned that the committee recommends the following
allocations: Spokane County Fair & Expo Center 520,000; Spokane Regional Convent .ion/Visitors Bureau
$175,000; Spokane Regional Sports Commission $100,000; Spokane Valley Heritage Museum $10,000;
Valleyfest $25,000; Six Bridges arts Association $12,500; and CenterPlace $40,000. Mr. Taylor also
mentioned that the committee will likely issue another Request for Funding in May and reconvene to
consider those requests for further funding. Deputy Mayor Taylor explained that the Six Bridges
participates in the "Pig Out in the Park" in Spokane, and they want to do a series of summer concerts this
year as a pilot project. Deputy Ntayor Taylor also mentioned that the committee will discuss ways of
Council Meeting: 1 1-28-06 Page 4 of 5
Approved by Council:
DRAFT
streamlining the process in the hopes of gaining additional applications for funding. It was Council
consensus to consider this as a motion request at the next council meeting.
99. Urban Growth Areas (Defined) - Scott Kuhta
Senior Planner Kuhta explained that as Spokane County conducts its five-year update of its
Comprehensive plan, the updates includes a review of the Urban Growth Area (UGA) boundaries; and
that the City of Spokane Valley participates in the County's Comprehensive Plan update and will propose
UGAs for our future growth. Nir. Kuhta defined the term Urban Growth Area, discussed population
growth projections, how the UGAs are designated, explained the Planning Commission process, the
population capacity by subareas, the UGAs the City of Liberty Lake has proposed, and the next steps in
the UGA process. Council discussed several areas of interest such as Dishman Hills, area 7 South of
Euclid and North of the River; areas of possible rural development; and the "l.," shaped section of the map
shown on the PowerPoint presentation. Mr. Kuhta also explained that staff can still go back and ask for a
higher population as the additional areas mentioned make sense for our city. Staff will bring back further
information on those areas for future council consideration.
EX.Mi-TIVE SESSION: Pending Litigation
It was moved by Councilmemher Gothinann, seconded and unanimously passed to adjourn into Executive
Session to discuss pending litigation pursuant to RCW 42.30.110(i) for approximately 30 minutes; and
that no decision will be made upon reconvening into regiilar session. Council adjourned into Executive
Session at 8:50 p.m. Mayor Wilhite declared Council out of Executive Session at 9:08 p.m. It was then
moved by Deputy 11,&ayor Taylor, seconded mid un niimously passed to adjourn. The meeting adjourned at
9:09 p.m.
ATTEST:
Diana Wilhite, Mayor
Christine Bainbridge, City Clerk
Council Meeting: 11-28-06 Page 5 of 5
Approved by Council:
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: December 12, 2006 City Manager Sign-off.
Item: Check all that apply: [I consent ❑ old business new business public hearing
information ❑ admin, report X pending legislation
AGENDA ITEM TITLE: Second Reading Proposed Ordinance 06-328 Amending 2006 Budget-
GOVERNING LEGISLATION:
Previous Council Action Taken: The City budget for 2006 was adopted in November 2005.
Several amendments were authorized by the city council in May of this year, The council
discussed these proposed) changes at the November 28 council meeting. A first reading of the
ordinance was conducted at the November 28, 2006 Council meeting.
BACKGROUND:
Additional budget adjustments are needed to: 1) transfer $1,500,000 to the Civic Facilities Fund
for future facilities; 2) adjust revenue sources to anticipated levels; 3) update the budget for
potential settle/adjust casts of the sheriff contract; 4) include interest costs for a loan to the
Community Development Bloch Grant Fund; 5) appropriate for remaining 2006 projected costs
of the SpraguetAppleway revitalization plan; 6) appropriate for payments to the library district
for delinquent taxes collected from property owners pursuant to contract; 7) development of
city-wide street standards; 8) budget for flashing school signals which became available via a
grant; and 9) adjust appropriations for two storm water projects which were made as part of full
width paving above new county sewer lines, A more detailed listing of the proposed budget
amendments is attached as Exhibit A.
OPTIONS: Options include; 1) passing the ordinance at the December 12 council meeting; 2)
passing the ordinance at the December 19 study session, or 3) scheduling another meeting in
December for passing the ordinance.
RECOMMENDED ACTION OR MOTION Motion to approve Ordinance 06-028 amending the
2060 Budget
BUDGETIFINANCIAL IMPACTS: Additional/new revenue has been identified to pay for these
amendments to the 2036 budget.
STAFF CONTACT: Ken Thompson, Finance Director
Jason Faulkner, Accountant/Budget Analyst
I
AMENDMENTS TO 2006 BUDGET
December 12, 2006
GENERAL FUND:
• Sprague/Apple. Revit. Plan $50,000
• Delinq. Tax - library $70,000
• Public Safety settle/adj $400,000
• Com. Dev Grant interest $ 2,000
• Trans to Civic Facilities $1,500,000
AMENDMENTS TO 2006 BUDGET, Continued
December 12, 2006
Com- Dev Fund Interest $ 2,000
Street Fund
Street cons. standards $ 45,000
Flashing school light grant $ 24,000
Storm Water Fund
Storm improv. Vera Terrace $ 50,000
Storm improv_ Orchard $ 39,000
Total $2,182,000
1
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 06-028
AN ORDINANCE AMENDING ORDINANCE NO. 06-014 PASSED BY THE CITY COUNCIL
ON JUNE 13, 2006 AND ENTITLED "AIN ORDINANCE OF THE CITY OF SPOKANE
VALLEY, SPOKANE COUNTY, WASHINGTON," WHICH AMENDED ORDINANCE NO. 05-
029, THE ADOPTED BUDGET FOR THE PERIOD OF JANUARY 1; 2006 T 4ROUGH-
DECENVIBER 31, 2006, APPROPRIATING FUNDS AND ESTABLISHING SALARY
SCHEDULES FOR ESTABLISHED POSITIONS."
WHEREAS, subsequent to the adoption of the 2006 annual budget, it has become necessary to
make changes by adding new revenue, appropriations, amendments, and transferring funds in order to
properly perform various City functions, services and activities;
I
WAF11iEAS, the budget changes set forth in this Ordinance could not have been reasonably
- anticipated or known when the annual budget was passed by the City Council; and - -
WHEREAS, the City Council has determined that the best interests of the City are served by
amending the adopted budget to reflect anticipated revenue, expenditures, fund balances, and
appropriating same as set forth herein.
NOW THEREFORE, The City Council of the City of Spokane Valley, Washington do ordain as
follows:
Section 1. Amended Revenues. Ordinance No. 06-014, as adopted or amended, adopted a budget for the `
twelve- months-ending December 31,- 2006. Each item,-revenue;- appropriation; and fund is-hereby -
amended as follows.
A. General Fund of the 2006 budget is amended to include an additional $1,300;000 in
unrestricted carryover find balance from 2005. Sales Tax receipts are increased $722,000 for
a total increase in general fund revenues of $2,022,000.
13. CD Block Grant Fund revenues are increased by $2,000 for a contribution from the General
Fund.
- C. Interest- income -in the Street Fund- is increased $45,000 representing additional- interest- -
generated by a greater than estimated fund balance and increasing interest rates.
D. Grant proceeds for flashing school warning signals increases the Street Fund revenue by
$24,000.
E. Grant proceeds and unrestricted find balance provide revenue.for two full width pavement
projects in the Stormwater Fund.
For purposes of these budget amendments, Exhibit "A" is attached hereto and incorporated by this
reference as set forth in full.
Ordinance 06-028 Amending 2006 Budget 'Page 1 of 3
DRAFT
REVENUES:
FUND FUND JUNE 2006 AMENDED ENDING
NUMBER NAME BUDGETED REVENUES AMENDMENTS REVENUES
001 GENERAL $ 32,410,641 $ 2,022,000 $ 34,432,641
101 STREET $ 4,166,856 $ 69,000 $ 4,235,856
102 ARTERIAL ST. $ 568,655 $ - $ 568,655
103 TRAILS/PATHS $ 23,053 $ - $ 23,053
105 HOTEUMOTEL $ 400,667 $ - $ 400,667
204 DEBT SERVICE $ 600,000 $ - $ 600,000
301 CAPITAL PROJ. $ 1,210,000 $ - $ 1,210,000
302 SPEC. CAP. PRJ S 1,070,713 $ - $ 1,070,713
303 STREET CAP PRJ $ 8,385,843 $ - $ 8,385,843
304 MIRABEAU PT $ 783,205 $ $ 783,205
305 STREET BOND PRJ $ 1,202,460 $ - S 1,202,460
306 COM DEV BLK GRNT $ - $ 2,000 $ 2,000
307 CAP. GRANTS $ 8,211,000 $ - $ 8,211,000
308 BARKER BRIDGE FED $ 890,400 $ - $ 890,400 - , .
309 PARKS CAP. PRJ $ 1,300,000 $ - $ 1,300,000
310 CIVIC BUILDING $ 1,100,000 $ - $ 1,100,000
120 CENTERPLACE OP. S 300,000 $ - $ 300,000
121 SERVICE LEV. STAB $ 1,000,000 $ - $ 1,000,000
122 WINTER WEATHER $ 500,000 $ - $ 500,000
402 STORMWATER $ 1,621,534 $ 89,000 $ 1,710,534
501 EQUIP REPL & RES $ 693,257 $ - S 693,257
502 RISK MGMT $ 189,939 S - $ 189,939
TOTALS $ 66,628,223 S 2,182,000 $ 68,810,223
Section 2. Fxpendihlres - ppropr-iated. To appropriate the amendments from'the above estimated
revenues and unrestricted beginning fund balances for each separate fund, the expenditure
appropriations for the period January I through December 31, 2006 are amended as set forth below.
EXPENDITURES/APPROPRIATIONS:
FUND FUND JUNE 2006 AMENDED TOTAL
NUMBER NAME APPROPRIATIONS AMENDMENTS APPROPRIATIONS
001 GENERAL $ 32,410,641 $ 2,022,000 S 34,432,641
101 STREET $ 4,166,856 $ 69,000 S 4,235,856
-102 " 'ARTERIAL~ST: $ 568,655 $ - - $
103 TRAILS/PATHS $ 23,053 $ - $ 23,053
105 HOTEL/MOTEL $ 400,667 $ - $ 400,667
204 DEBT SERVICE $ 600,000 $ - $ 600,000
301 CAPITAL PROJ. $ 1,210,000 S - $ 1,210,000
302 SPEC. CAP. PRJ $ 1,070,713 $ - $ 1,070,713
303 STREET CAP PRJ $ 8,385,843 $ - $ 8,385,843
304 MIRABEAU PT S 783,205 $ - $ 783,205
305 STREET BOND PRJ $ 1,202,460 $ - $ 1,202,460
306 COM DEV BLK GRNT $ - $ 2,000 S 2,000
307 CAP. GRANTS $ 8,211,000 $ - $ 8,211,000
308 BARKER BRDGE FED $ 890,400 $ - $ 890,400
309 PARKS CAP. PRJ $ 1,300,000 $ - $ 1,300,000
310 CIVIC FACILITIES $ 1,100,000 $ - $ 1,100,000
120 CENTERPLACE OP. $ 300,000 S - $ 300,000
121 SERVICE LEV. STAB $ 1,000,000 $ - $ 1,000,000
122 WINTER WEATHER $ 500,000 $ - $ 500,000 _
402 STORMWATER $ 1,621,534 $ 89,000 S 1,710,534 '
501 EQUIP REPL & RES S 693,257 $ - S 693,257
502 RISK MGMT $ 189,939 $ - S 189,939
- TOTALS $ 66,628,223 $ 2,182,000 $ 68,810,223
Ordinance 06-028 Amending 2006 Budgct Page 2 of 3
DRAFT
O These amendments include a transfer from the General Fund to the Civic Buildings Capital Projects
Fund of $1,500,000; a $400,000 addition to the sheriffs contracts for settle and adjust costs occurring
in the General Fund; a $2,000 increase in the CD Block Grant fund for interest on an inter-fund loan;
a $45,000 increase in appropriations in the Street Fund to update street construction standards as
approved by the city council on October 10, 2006; a $50,000 increase in appropriations for remaining
2006 costs of the Sprague/Appleway Corridor Revitalization Plan study; $70,000 in payments to-the
Library District for delinquent taxes related to the 2005 property tax levy; $24,000 for Street Fund
flashing school warning lights; and $89,000 for full width pavement of two Stormwater Fund
projects.
Section 3. Positions. The City of Spokane Valley's number of full-time equivalent positions
is 63.8.
Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
- unconstitutionality shall not affect the validity or constitutionality of any other--section, sentence, .
clause or phrase of this Ordinance.
Section 5. Effective Date. This Ordinance shall be in full force and effect five (5) days after
publication of this Ordinance or a summary thereof in the official newspaper of the City as provided
by law.
Passed by the City Council of the City of Spokane Valley this day of December, 2006.
Diana Wilhite, Mayor
Christine Bainbridge, City Clerk
Approved as to form:
Office of the City Attorney
Date of Publication:
Effective Date:
Ordinance 06-028 Amending 2006 Budget Page 3 of 3
City of Spokane Valley
Exhibit A
Amendments to 2006 Budget f
Nov-06
REVENUE EXPENDITURE
Fund INCREASE INCREASE Explanation
GENERAL
Unrestricted fund balance - $ - 1,300,000
Transfer to Civic Facilities Fund $ 1,500,000 Set $ aside for civic facilities
Sales tax $ 722,000 $ - Increase to current estimate
Sprague/Appleway Revit. Plan $ 50,000 To increase to 06 projected costs
Delinquent tax for library $ 70,000 Per contract with library dist.
Transfer to Com. Dev. Block Grant $ 2,000 to pay interest on loan
Public Safety Contracts - $ 400,000 Pay settle and adjust costs • - -
General Fund Totals S 2,022,000 $ 2,022,000
Community Dev. Block Grant
General fund contibution $ 2,000 Transfer from Gen. Fund
Interest expense $ 2,000 Interest on interfund ban
Street
Interest income $ 45,000 To update street construction
-Professional services - - - - $ 45,000 standards. as-aplyved.10-10-06
Flashing school signal grant $ 24,000
S 24,000 Flashing signal lights
Storm Water
Block grant & unrest. Fund bal. $ 50,000 Vera Terrace full width paving of
Full paving of sewer project $ 50,000 bock grant project
Unrestricted fund balance $ 39,000 Orchard full width paving of
Full paving-Orchard sewer line $ 39,000 sewer Project from 2005
- - "'GRANDTOTAL•S"a $ •2,182,000 $ •2-182,000
:Budgetamendx 1211212006
~ ~1
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: December 12, 2006 City Manager Sign-off:
Item: Check all that apply: ❑ consent ® old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Second Reading of Ordinance No. 06-029, Amending SVMC 2.50
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: First touch presentation on August 8, 2006; second
touch presentation on September 26, 2006; first reading of ordinance on November 28, 2006.
BACKGROUND: Council adopted various personnel-related ordinances and resolutions upon
incorporation. The ordinance was codified as SVMC 2.50. At previous meetings, staff
proposed some potential updates to the Code. Ordinance 06-029 incorporates those changes.
In addition to housekeeping changes, the draft ordinance removes from 2.50.010 (C) the
phrase, "conditions of employment' as items needing to be approved by Council, because
Council approval of such issues is inconsistent with the Council-Manager form of government.
It also adds a few major personnel principles to the City code, including:
Nepotism
Conflict of Interest
Violence in the Workplace
The only change to the draft ordinance since the first reading is to correct the month in which
the ordinance would be passed if it is approved by Council
OPTIONS: N/A
RECOMMENDED ACTION OR MOTION: Move to approve Ordinance No. 06-029.
BUDGET/FINANCIAL IMPACTS: NIA
STAFF CONTACT: Nina Regor, Deputy City Manager
ATTACHMENTS
1. Draft Ordinance No. 06-029
ORAFr
CITV OF SPOKANNE VALLEY
SPOKANE COUNTY. WASHINt: I e t~
ORDINANCF. NO. 06-029
AN ORDINANCE: OF THE CITY OF SPOKANE VAI.t I N. *,t'()h 1Nl t'( rt ♦ 1
WASHINGTON. AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTIONS 2.50.11111.
2.50.020, 2.50.Q30. AND 250.11140, ADDING NEW SECTIONS 2.511.035.2 50.045, AND 2.50.05,
PROVIDING FOR SEVERABILITY. AND AN EFFECTIVE DATR
WHMEAS, the City adopted Ordinance 44 in 2003, which was Wer codified as SVMC
cau, bli>hing certain employment provisions for empbym of the City; and
WHEREAS, it is nocessary and desirable fnxn time to time to amend the laws of the City to cornply
with changes in state and federal law, and to reflect policy direction of the City Council; and
WHEREAS. The City Council finds it is in the interesi of the City to make amendnncnts to SVNIC
2.50.
NOW, I I11ii FFORF, the Citv Council of the City of Spokane Valley. Washington, ornlains as
follows:
" oa L {'tarp,>:;; :urd Intent. The put}>o,e turd totem of thus (lydinancc is to tunen►1 tiVh4l'
2.50-010,2.50.020.2.50.0-30. and 2.50.040, to make them more roivwtent with requin=ment_ti wider state aril
federal law, and to add three new switxrs relating to ngxitism, violence in the %vorkplace and conflict of
interest
Section 2 II1.to SVMC 2.50.010. SVM(' I ide 2, SccU►m 50, NU11S cntm 01(A [4),
is hcrcby amended as follows:
A. There is established a human resources systcn► for the Ctth of Spokanc Valley to pTo%ide
a uniform systrm of personnel administration and ensure that reenriu►xwnt, selection, placement.
compensation, promotion, retention and separation of City employees are based upon qualifications tin ,f
fitness in compliance with + +i• ,jfwe. 4. federal :xc anto, erne *+a+~laws
R. F=ploymcnt with the City shall be "at-will" and may be terminated at any time by either
the City Manager or the employee _ r,tr _ hcr,ci 1,,,,%-Jed :,,i b~ ; owrir.t. No official or employee of
the City, oth: r Than the City ~\ldulaect. .droll I,.tvc the aulhwrtty to enter into and ap,recrnc:nt for
employment
C. f'Lr.ormcl i'uli, ws thus :ctatc 1„ +'a~;i' ha nclils Juill he
submitted to the Pity Cuuncil for rrvicw and approval with the City Manager authorinod, directed and
empowered to development administrative policies, procedures, rules, forms and materials that we
consistent with the Personnel Policies in order to implement the human resources system of the City.
Said policies and procedures shall comply with all related state and IFedrral laws. as well as City
ordinances and resolutions.
Fonastla& Font: 11 ra
Section 3. AtnCndment to SVl•1C 2.50.02 . l•idc 2. Section 50. Subsection 020 is hrrcby
;wtcndcd as folt„~~
DRAFT
It is the policy of the City to ensure equal employmcnt opportunity for all employees and
appointed repnesentativcs. This commitment includes a mandate to promote and alTord equal treatment
and services to all citizens. employees and City represerttatives, and to assure equal employment
opportunity based on ability and ftness-m acsulvlaiKc HjLk.ov anplicahlc_tatc_(it fcdc'ra11aA.-1+*el4
peesaw. Fegr mre; ~e +nn:•eo+ c,~eea; n.t +,aE 3-4tstu ewe;-t"4, ►
, oF .I~.t»fir -MA y-rMVen rW the perfim"" <
of the es-entiel duties required a whi+rh are Mmsfide ace pal-t-Ilal q++el;fiaetiu
Section e. Amendment to SVMC 2IQM. Title 2, Section 50. Subsection 030 is hereby
amended as follows:
The City of Spokane Valley ~haJl_ rx+tttply_ w-ith ail state trod federal lawys min"ime
distrimimlicm..fifl Fs- di-imi wie er 4he-Iwasi, ~l
aiaNW•ar•diMbRiiy in errio t .zr 44allso " iroert4 f►f O«rFity in its
_ T of WOO-Mg Section i Amendment to SVMC 2.10,94Q. Title 2, Section 50. Subsection 040 is hereby
amended as follows:
A. It is the policy of the City to seek to eliminate and/or prevent , I r f u~ l , •,1: t i -t { t y
iZwfyT +csl harassment under _lafr_or tt~rrdl_II!" *r► x~r>Kat, as well as to alleviate any effects
r,+ralsuch unla%%ful ha=smettt may have an the working conditiom of an employee. I tic Cqi .I;ail
4J1Jp1a txtlicv far in~t:}i~~t,rl~ w1tLc_,pundulg W rccwrL~ of unla~c jul bys;~ntcjri end detailina curnplpins
ltru!g4urm In- eunw-to 3,MMe}l ref4,n-, of' v- to-41 seek ;,v-pro Y4-*K-f%w+e,
'f-t;it•~. J„!F-!,~!,IC1tt. i~~n~- ltif~!••c~ •rr~{f..•il.,..} y„11 I•.w.•
irN'@11'~L' -~rQMlhrein! i l(itmk (fthse OF
I'OA9QM6f1rprtilrnMilrtditdegllaie-rel~lMfklf-riMH!At~ r-
44" (-05 13: N1- 1YY -sett:{ •ec~!•'->4_~ .y.} . r ~ ~vft:.-tt, 1
llfr11I1{af}ItS•Af 5" y-Mt3lltir" lftC'Ntl t!~-{tlttic,+ll iiti~f. iiwli III, I,,4gw-rr. _-1'
Owe t••hatBiC.•'-....»s-.t....-t.... x.1.,1
}1f~,,. j. et f4l.4 irmit;t +tF wree+ Mm+n---
k 1 Adding SVMC 2j Title 2, Section 50. Subsection 035 rclJ4mg to
ncpoltmu i_, hereby added as follows:
N.Gp'Vij:m VtutiflnicJ Illc l ith nruh1J11s_vmu1md mcnlt of family mcmbcrs
ftunily inenibcr has the aullw ity to ssKrvisc or audit the Worst ofyprAhg;Lf mJl member.
It. The dctutitkmof=lHtnlly mcmk+" for Vuag!scs i'1 lhi, _ 1
R C W ; 2 51010. o adcrptcd or amcnilcd,
Section 7. a¢djg SVMC_2.50.045. Title 2, Section 50, Subwction 045 rclating to conitict
of interest Is hereby added as follows:
<i`r lilsf l~~ctl, ,'~o_4iri tnl{~I,nt•,' :.h,tl! _•n~<<~-_t~ .~~i ;;_t ~.t~:1; ii', ,..r,;~ ,,~ti.
i, r:t!C'J:111 aPDC+trallCc p)_C<111f11Ct Wlth. the tlcrti)rnldwc u) ill
11±-1AL+~te6?S - -
Section a. Adding SVM4 2.5Q.052. 'Tide 2, Section 50, Subsection 055 relating to
violence in the workplace is hereby added as follows:
Viu'c~lcr in the ~l,.rt.l':are The (-jty of Slmlatrc Vnllc~`as an crosltmer, d(e5 not thlcralc_it, , t
Ortimamx 06-029 Page 2 of 3
DIL6 H
Itrrct roa~~n nr h(i~jcr~_;tt Ilit_ a{•rt I'4r.
Section 9. mxjadet of SVMC 2.54 UnKhan¢td. The remaining provisions of SVMC 2.50
are unchanged by this amendment.
S"fion 1x Sevenbilily If arty section, sentence, clause or phrase of this Ordinance should he
held to be invalid or unconstitutional by a coral of compcicnt jurisdiction, such invalidity or
unconstimionality shall not affect the validity or constitutimality of any other section, sentence, clause tv
phrase of this Ordinance.
Section 11. GI naive Date- This Odinance shall be in full force and effect five (5) days after
publication of the Ordinance Surmnary.
PASSED by the city council this ,i:r, ,.1 1 v, cn11)rr.:1.1 n in
\1~~ur, I hun_c 1111tsitc
t I I PST;
t in ( !crk.I hrr•,1m_ It_nihnifrc
Approtied as to 1•orm:
-1tl mu
( ))lice .,I ",hr t rl,,
Date of i'uhl •.,r.
I ffrrtI%C II.,
01drnnnce fX,4)29 Pngc 1 of 3
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: December 12, 2006 City Manager Sign-off.
Item: Check all that apply: ❑ consent ® old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legistabon
AGENDA ITEM TITLE: Proposed Resolution No. 06-025 Replacing Resolution No. 03-015
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: First touch presentation on August 8, 2006. Second
touch presentation on September 26, 2006.
BACKGROUND: Council adopted various personnel-related ordinances and resolutions upon
incorporation. At the August 8 and September 26, 2006 Council meetings, staff presented a few
areas of potential modification. Draft Resolution No. 06-025 would repeal and replace
Resolution No. 03-15, which specifies medical insurance and other health related benefits. The
City's selected insurance plans remain the same. The proposed amendments are primarily
housekeeping in nature. In addition, they add the employee cost sharing on medical premiums
effective January 1, 2007; and add the provision of a Premium Only Plan (POP), which allows
the employee or Council member to pay his/her share of the premium costs using pre-tax
income.
The POP is a new proposal, not included in the draft presented to Council at the September 26
meeting. There would be a one-time cost to the City of about $600 for the purchase of an IRS-
compliant Plan. Administration impacts are minimal, because the City's existing payroll system
can accommodate the use of the Plan, and the IRS only requires reporting on an annual basis.
Participation on the part of the employee or Council member is strictly voluntary.
The Resolution also clarifies the various insurance plans for which Council members are
eligible. Discussions are occurring at the state level regarding the responsibility for medical
premium increases for elected officials. Resolution No. 06-025 does not propose any changes
to the City's approach to providing medical or other insurance coverage to Council members.
This approach has been in effect since the City was incorporated. City Council benefits will not
be adjusted until this issue is resolved.
OPTIONS: Approve resolution as approved or amended; do not approve resolution; provide
additional direction to staff.
RECOMMENDED ACTION OR MOTION: Move to approve Resolution No. 06-025
BUDGET/FINANCIAL IMPACTS: N/A
STAFF CONTACT: Nina Regor, Deputy City Manager
ATTACHMENTS
1. Draft Resolution No, 06-025
CTTY OF SPOKANE VALLEY
SPOKANE COUNTY. WASHINGTON
RESOLUTION NO. 06-025
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTV,
WASHINGTON, REPEALING AND REPLACING RESOLUTION NO. 03-015,
SPECIF""NG TIIE INSURANCE PLANS AND IIEAt,TII RELATED BENEFITS FOR
CiTY EMPLOYEES AND COUNCIL MEMBERS
WHEREAS. the City Council adopted Resolution No. 03-015 providing medical, dental and other
benefits for its eligible employees and Council Members through the Association of Washington Cities
(AWC) Fmployee Benefit Trust, or other means; and
WHE•RI.AS, the City Council desires to adopt the specific plans and contribution rates for each
designated plan:
NOW, TI IEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane
County, Washington, as follows:
Section 1. Medical Insurance. The City Council hereby specifies the AWC Regence Blue
Shield/Asuris Northwest Health Preferred Provider Plan, and the Group Health Cooperative Copay Plan 2
as the currently authorized employee medical plans for eligible City employees and Council member;.
The City shall pay 100% of the premium of the lower cost plan for the . 4 i .I niht , , spouu
and two or snore dependents-i€ mi r.
-Ilia 'i shall May 100% of the 2006 cost of the -puns. up to the lowg Cost plan for the clujiloi v; .
spouse, and two of snore dependents. I flecjive January, 1, 2007, the City shall pay 60% of any Pnmil.;
cost in ad ition to the co in cfTecl r 2006, appliaarblc to rach emploLc covMMiZ cat~e?r\
The (_'itv shall provide _a Prgm~~ium Only Plan (POP allowingemploycc~apd Council Meryl Lr'. t : ,
their sh.iri_ f p-,c i:Ii;!n c.jo!. IiIT•tf)n11 1'1•_ 1,"!'•. IrcltiIC I"11'•1`Itt +illj (C+IIVC 11 11It ...J)('t 11: ti rT_,1l~ 1i i:.
\l i41I1%.:I 'Section 2. Dental Insurance. the City Council hereby specifics the AWC Trust Washington
Dental Service Plan B with Orthodontia Rider Plan u as the currently authorized ctnployee dental ii+redit.,:i
plan for eligible City employees and Council mcnlhers. The City shall pay 100% of the premium for the
employee Council ttl r r, Spouse and dependents. as required by the AAC Fmployee Benefit 1'nlst
Underwriting rules.
Section 3. Life Insurance, Tlie ('ity Council hereby specitie~ the AWC Trust States West
life Insurance Plan C at one time the sum of annual earnings rounded up to the nearest $1,000 with the
accidental death and dismemberment (AD&D) option as the currently authorized employee life insurance
I plan for eligihlc City employees and Council rnenihcrs. The City shall pay 1000/6 of the premium for the
employeeCouncil mcml•er. Employeeslt'lnmril mauler, shall also be authorized to acquire additional
supplemental or dependent life insurance coverage through the plan on a self-pay basis through pad roll
deduction pursuant to AWC underwriting rules.
Section 4. Long Term Disability Insurance. The City Council hereby specifies the AWC
Trust Standard Insurance Long "l'erm 0 disability Plan Option 1 (60% benefit; 90-day elimination) as the
Rt. elution 00-025 SpecilNinp. In:uranoe Plans and Health Related Itenehr; Page I of 2
currently authorized long term disability plan for City employees. The City shall pay 100% of the
premium for the employee as required by the AWC Employee Benefit Trust Underwriting rules.
Section 5. Employee Assistango ft?g m. 'llte City Council hereby specifics the AWC
Trw-t APS Employee Assistance 1-3 Session Program as the currently authorized employee assistance
program for i"Ii jil,, City employees and Cowtcillnembers. The City shall pay 1000/a of the premium for
the employoeJC(wncil tnemher as required by the AWC Employee Benefit Trust Underwriting rules.
Section 6. Vision Care. The City Council hereby specifies the AWC Trust Vision Service
Plan (VSP) Option 1 Full Family - $25 deductible plan as the currently authorized emph-_*y e
a-,s evision care program for eligible City employees and Council members. The City shall pay
10(% of the premium for the employee as required by the AWC Employee Benefit Trust Underwriting
rules.
Section 7. nnttfil Review anti d0 tlon. 1 tileii 1'-,t' rfnN ldt-d "ir _'`v t:ontraa i I11e
City Council shall ettly-p~n~xliullvrreview the insurance plans and health related benefits of City
employees. midget-CILa !aes_to the health related benefit
pn,)grams shall be specified and approved as part of the annual budget adoption process, or adopted
separately by resolution of the City Counci I.
Section 8. RCputl of Resolulln,_ 1 fll' ( It\ ( !mlli': lf ht:I'+~ -Lj'C d.' f~c'snll7tl tI Ili-(I
Section 9. Effective Date. This Resolution will take effect om 4he f+# eial d sir--i
it>r<~.r-t►t~ffi}~EifTU~p~ ad, I~t in;
Adopted this day of December. 2006.
City of Spokane Valley
Mayor Diana Wilhite
AYFE.ST:
City Clerk, Christine Bainbridge
Approved as to firm:
Office of the City Attorney
Resolution pf, 25 5recifying Im,urance Plans and Hrallh Related Benefits F'uge ' .~f?
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: December 12, 2006 City Manager Sign-off
Item: Check all that apply: ❑ consent ® old business ❑ new business ❑ public hearing
❑ Information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Proposed Resolution No. 06-026 Replacing Resolution No. 04-020
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: First touch presentation on August 8, 2006. Second
touch presentation on September 26, 2006.
BACKGROUND: Council adopted various personnel-related ordinances and resolutions upon
incorporation. At the August 8 and September 26, 2006 Council meetings, staff presented a few
areas of potential modification. Draft Resolution No. 06-026 would repeal and replace
Resolution No. 04020, which specifies employee holiday, vacation, sick and other leave
benefits. The proposed revisions are housekeeping in nature.
OPTIONS: Approve resolution as approved or amended; do not approve resolution; provide
additional direction to staff.
RECOMMENDED ACTION OR MOTION: Move to approve Resolution No. 06-026.
BUDGETIFINANCIAL IMPACTS: N/A
STAFF CONTACT: Nina Regor, Deputy City Manager
ATTACHMENTS
1 Draft Resolution No. 06-026
CITY OF SPOKANE VAtA,F:Y
SPOKANE COUNTY, WASHINGTON
RESOLUTION NO. 06-026
A RESOLUTION OF THE CITY OF SPOKANE. VALLEY, SPOKANE COUNTY,
WASHINGTON, RFPFALING AND REPLACING RESOLUTION NO. 04-020,
SPECIFYING THE HOLIDAY, VACATION, AND LEAVE BENEFIT
PROVISIONS FOR CITY EMPLOYEES.
WHEREAS, the City Council desires to adopt policies for City employees. including htlidays.
vacation time and leave benefits afforded to City employees; and
WHEREAS, the policies and benefits stated in this Resolution :are subject to periodic re%ic\s by
the City Council for the purpose of clarifying, modifying or deleting the same in order to serve the best
interest of the City as solely determined by the City Council pursuant to RCW 35A.11.020; and
WHEREAS, the employee benefits provided in this Resolution shall be applied equitably to all
City employees unless provided otherwise through contract or other action of the City Council or City
Manager.
NOW THERFFORF., be it resoled by the City Council of the City of Spokane Valley, Spokane
County, Washington, as follows:
Section 1. Holidavs.
A. Purstlant t0 i-t?~- '?t7 {titti+•.c t4tt--=tiltli~aiSL ~:1~1+. `~~ilfl:t, 111.11 lllt-
the following
2 .60.010 , fi ttlf~i tii4l lif!fiP t21T1 fe?~}ittfu? ,-:{cl;;t+ti~ !rL's
,ot•l legal holidays:
New Year's Day - January 1
Martin Luther King..Ir__Da% - 3rd Monday 1ft:tf January
President's Day - 3rd Monday of February
Memorial Day - Last Monday (3of May
Independence Day - July 4
Labor Day - 1 st Monday of September
Veteran's Day - November I I
Thanksgiving Day - 4th Thursday ofNoyemhcr
Day Aafter Thanksgiving
Christmas Day - 1) member 2
B. In the event a the-holiday fells upon a the
Mondlav rmcdinv I'ridal shall be deemed to be the legal holiday. In the event the ill-holiday falls on a
aySunday, the pf-eciniing i;t3cayft ll~m inc Mondns shall be deemed to be the legal holiday.
C. Regular full lime emplo~ees shaii reccke eight_hourr: ~-i ,n;l` :i
straight-time rate Jor each holida as Iong_as they are in staid Owus can their riular. scl_c(hiled N%or ,
c ecedingthe ho itlay snd the d; v, injmnediatelv followine tile lit,ll„a~. Regular part-time employees shall
receive a pro rata share of their compensation for each approved holiday. :t,. !r,t ;',c~ ar, in -1;1'11.
RCu.lh)tinn 0640- N1 ~-Jlf~in, _:CC I c;i\i
R If an emplo roc is required to work on a holiday_ fir. ;t_ wi 11 r_t:,_ci`,_
lug lLz It ftti)c spar all kit ur, r t& ~lrs_Chat s~ t,t_1te employee shall he granted another day e} dur ng the
month in which the holWy was celebutlesd or alt .;A y~~--shall mecive holiday pay rather
equivalent time off-
E. When a holiday i"alls within a period of paid leave:, the holiday shall not
be counted as a leave day in computing the aniount of leave debited.
- •1s ;-sit., .t11 .~s~:Tf-.lRayt..r•..-k~l, ~x'L~' ,t,,. cJk,:ai., :`~7 i7 °~'1 e`~"„sT?=E,'rt' 7t.,t'"^rtSt#=`rskkl"..~
POW 14JNj~
Sect!lon 2. Vacatio 1. Benefits.
A. Vacation [cave is established for the mutual benefit (if the City and thr,
employee, The pu"-)se of vacation Pcave is to provide employees with adequate time away form work
and t vide the City with well-resiied and efficient cmployccs, but no vested right to vacation leave is
hereby guamrnteed by the City- Vacation leave may be u, as soean as it is accruod.
B. Regular full-time employee,,; shall accrue vacation at the following rate:
Initial !tire through the fifth complete year ofcontinuoms employment - eight (8) hours per month; Aafller
five (5) full year's of continuous t:mployment - ten (W) hours. per montli; after ten (10) bull years of
continuous crltployment - twelve (12) hours per month.
C. Regular part-time employees shall accrue vacation leave on a pro-rags
ba iS. lior example, if an employee works twenty (20) hours week., vatca ian accruni shall he fifty
percent (50"346) of the above anllounts.
D. The maximttrn vacation real thnt Will he paid upon separdtiiinM or
c,aniod fomard at year cnd (December 3 1 ) :shal.I be 360 hours.
E. When r trsir i+~i:r41 to induce a highly experienced employee to
acccpt employment with the City of Spokane: Valley, i to C4 Manager is authorized to credit a maximum
of eighty (90) additional hours of vacation leave to a prospective employ" who has at least ten (10) years
of prier successful experience in a similar position for which the employees is toeing, hirer!. Pse City
Manager may further establish the vacations =runt schedule as set forth in Sulasection B.
5eetiQn 3.. Sick f ^+cgve Benefits.
A. Sick le:avo is granted to regular etnploy=s to be used in canes of illness,
accident or other conditions which rcquiru mediW treatment ar supervision and require an employee to
be absent f orn work. -Sie -flt<h ,
hen 1 14i ecl • ~ - ` cr. .t._.~fi7LRl"~tit~~ t a ..r 3.~iE3°CFr Cti.,i @ t.:lLsz~ fi"
~tht~~is-,+ ~1y rrn - x ra " ~ na,~ %I ehild
eiIFWen (18) - °.it#as+r Ohm - fir.=tilftt$
;e+ : AC Ch tc+ 246 130- ik Wye - y alse lie-"5 d--€ if the eam.-uctkm~id
p~tatf _?kt re4e sick have nay be used only _fia~,t~Ls~s
Ettpiclt°+c 's nwa, illness or initsrv_ or authori2 by ltM 14- l? an€l the Washington I mild Care Ryle_
Wr1C `?'qtr E ZO_ ns do e-d or ns rpay tie raniendvd.
B. Sick !cave has been established for they benefit of both the employee and
the employer, but no vested eight to sick leave is hereby guaranteed l the City. In the event that abuse of
s-i k leave is suspected, vxc ssive ahsenteeksm or tardiness occurs, or AUT 11IM-:. (1) CLlMWO-Ptivc davs of
KC.U11Lrlu»106-G)'6 M01iiM11g 1^rnplf ec Leavc 11q 2,)f I
sick leave, an employee may be required to provide medical certification from his or her health care
provider. Abuse of sick leave or excessive absenteeism or tardiness may be grounds for disciplinary
action, up to and including termination.
C. Sick leave shall be accrued by regular full-time employed at the rate of
eight (8) hours per month. Regular part-time employees shall accrue sick leave on a pro-rata basis. Sick
leave may be carried forward at year end, provided no employee may accrue more than seven hundred
twenty (720) total hours of sick leave. After an employee has accrued 720 hours of sick leave, the
employee may convert up to ninety-six (96) hours of the sick leave to cash. For purposes of converting
sick leave to cash, each hour of accrued sick leave shall be paid out by valuing the same at 25% of the
employee's regular wage. For example, 96 hours of sick leave may be converted to 24 hours of regular
pay. Any payout will be included in the last pay period of the year.
D. An employee may use up to 24 hour of sick leave as bereavement leave
in the case of a death : • -t a member of the employee's immediate family. "Immediate family" shall be
defined as spouse, mother, father, mother-in-law, father-in-law, children. sister, brother, daughter-in-law,
son-in-law, sister-in-law, brother-in-law, grandparents and grandchildren.
Section 4. Mili heave.
_ -A. In accordance with RC•W :8.411.060 any employee who is it member of
the Washington National Guard or a federal reserve unit shall be entitled to time ofd' with pay for up to
fifteen days during each calendar year while participating in officially ordered military duty. A copy of
the employee's orders shall be placed in the employee's personnel file. Military leave shall not be
deducted from vacation or sick leave.
'N B. Any military leave time required in excess of the fifteen CI~I_days paid
leave authorized in paragraph A a#'J'S~t+t-r+-23-above shall be in conformance with the Uniformed
Services Employment and Reemployment Rights Act of 1994 (USERRA).
Section S. Jwy or Court Duty. A regular employee who is required to serve on a jury or as a
result of official e('ity duties is required to appear before a court, legislative committee or quasi judicial
lxxty as a witness in response to a subpoena or other directive, shall be granted paid leave for the time that
the employee needs to be released from regular duties; provided, that the supervisor is promptly notified
of the conflict or if the employee is excused from the appearance such as for an afternoon. '1711C employee
shall be entitled to his or her regular pay; provided, that the employee shall pay to the city any fee or
reimbursement received for such court or jury duty, up to the amount paid as paid leave.
Section 6. Leave without Pay. Upon approval by the City Manager, leave without pay may
be granted for a period not to exceed ten LIP) working days for illness, injury, educational purposes, or
additional vacation. Leave without pay may not be taken until an employee has exhausted his/her accrued
paid leave balances; provided however that at the sole discretion of the City Manager, paid leave balances
may be used in conjunction %%Ah leave without paN in order to rninimife temporary impacts to employee's
insurance coverage.
Section 7. Leave of Absence Without Pay. At the sole discretion of the (:ity Manager, an
employee may be granted a leave of absence without pay for a period of not less than two (2) weeks and
not more than twenty-six (26)_~N~. Approval of such leave shall be in writing and signed by the City
Manager. No vacation or sick leave benefits or other fringe benefits shall accrue while an employee is on
leave of absence. The employee's anniversary date will be adjusted by the length of the leave granted.
I upon expiration of the leave of absence, the City may it its discretion reinstate the employee in the
(Ili-Wh Mtldif\IC.', CO \I C,4Nv Pa-_- z i,l -1
position held at the time the leave was granted, offer the employee another available position, or take
other appropriate action. The employee's insurance coverage may be impacted. 'T'erms of coverage shall
be in accordance with the City's insurance plan sponsor. A leave of absence without pay may not be
taken until an employee has exhausted his/her accrued paid leave balances; provided however that at the
sole discretion of the City Manager, paid leave balances may be used in conjunction with leave of absence
without pay in order to minimize temporary impacts to employee's insurance coverage.
Section 8. Family and Medical Leave. The City shall provide family and medical leave as
required tinder the applicable state and federal laws.
Section 9. No Vested Bights. Nothing in this Resolution shall be deemed to vest a right or
interest in the benefits hereby granted by the City, and the City Council retains the right to change any,
benefits or provisions of this ordinatro-4--re,colution at any time.
Section 10. Administration. The City Manager is authorizzd, directed and empowercd to
develop and promulgate administrative policies, procedures, rules, forms and materials as needed to
implement the leave provisions adopted herein, and consistent with all related state, #~4federal.. _ir,d
0% laws.- ery wr12 tt {=+t1-t}rtl++tz~txr. rtd act! ±n,-
Section 11. fteaT of Resolution, The Council hereby repeals Resolution No. 0-1-020.
Section 12. Effective Date. This Resolution will take effect upon adoption.
Adopted this _ day of Dcccmlx.r, 2006.
City of Spokane Valley
Diana Wilhite, Mayor
A IT ST:
Christine Bainbridge, City Clerk
Ykpproved as to form:
Office of the City Attomey
Ilraoluticm 06-026ktodifvin~; hiiploycc I.cuor f' c .t M4
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: December 12, 2006
Item: Check all that apply: ❑ consent 0 old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Urban Growth Area recommendation from Spokane Valley Planning
Commission.
GOVERNING LEGISLATION: Washington State Growth Management Act, RCW 36.70.A.
PREVIOUS COUNCIL ACTION: Planning Staff previously discussed Urban Growth Area
issues with Council on August 9, 2005 and November 1, 2005. Council directed staff to develop
a proposal for City of Spokane Valley UGA's in conjunction with Spokane County's
Comprehensive Plan update process.
BACKGROUND: Spokane County is conducting a 5-year update of its Comprehensive Plan,
which was adopted November 15, 2001. The update includes a review of Urban Growth Area
(UGA) boundaries as required by the Countywide Planning Policies (CWPP) for Spokane
County. The Growth Management Act (GMA) gives counties the authority to adopt population
projections and to establish UGAs, in consultation with cities.
Important steps in the update process include:
• Spokane County adopts a 20-year countywide population projection.
• Population projection is allocated to jurisdictions.
• Cities and County develop UGA proposals.
• Steering Committee of Elected Officials reviews UGA proposals, then makes
recommendation to Board of County Commissioners (BOCC).
• BOCC adopts new UGAs.
The City of Spokane Valley adopted its first Comprehensive Plan on April 25, 2006. The
Comprehensive. Plan focuses on growth and development only within the, current -City-limits.
_ ,Spokane. Valley_is_p_pgicipating__in the County's Comprehensive Plan.update and will propose
UGAs for Spokane Valley's future growth.
State law requires Spokane County and cities to update their Comprehensive Plans by
December, 2006. Due to delays adopting. a 20-year population projection and allocation,
Spokane County has decided to separate the Urban Growth Area update from the overall
Comprehensive Plan update. The Growth Management Act requires UGA updates every 10
years while the Countywide Planning Policies require a 5-year update. New UGAs will likely be
adopted during the 2007 County Comprehensive Plan amendment process.
Population Protection and Allocations
Spokane County projects that the County will grow by approximately 197,000 people by the
year 2026. The Countywide projection as been allocated to all jurisdictions with Spokane Valley
receiving about 33,100 people for planning purposes.
Urban Growth Areas
UGAs are defined by a boundary where new growth and development is encouraged. Land
outside UGAs is considered "rural" land, with residential lot sizes limited to 5, 10 and 20 acres.
UGA's must be sized to accommodate the 20-year population projection. ` -J
Land Quantity Analysis (LQA)
To determine how much land is needed to accommodate the projected population growth, each
jurisdiction is required to conduct a land capacity analysis using a-regional methodology. The
general steps are as follows:
1. Determine amount of vacant land.
2. Determine amount of land that is partially used but could redeveloped.
3. Remove land affected by critical areas (wetlands, shorelines, etc.)
4. Remove public/quasi public land (schools, utilities, state, federal, etc.)
5. Deduct 20% that will be used for public purposes.
6. Deduct 30% for land that will not be available for development.
This analytical exercise yields the number of developable acres within a specified area. The
acreage is then converted into potential new dwelling units, as determined by residential
densities allowed by the Comprehensive Plan. For example, 10 developable acres in the Low
Density Residential category is multiplied by 4 units per acre, yielding 40 total potential new
dwelling units. The total dwelling units is then multiplied by 2.5 (2.5 people per dwelling unit) in
single family areas and 2 in multi-family areas to determine the population that could be
accommodated. In our example, 40 dwelling units would accommodate 100 people.
To determine Spokane Valley's capacity for growth, the LQA is first applied within the current _
City boundary. Existing unincorporated-Urban Growth Areas adjacent to.the City.are analyzed_
next, and then Urban Reserve Areas. Spokane Valley's Land Quantity Analysis results are as -f
follows:
~ Vacant and Pa'ally Net iTevelopW `Potent'ial:New Dwellings Pula[ on~
Potential UGAs Used Acres
NO Acres_ , U_ nits_ of Spokane
Valley 3,149 1,564 9,343 20,632
Plantes Fer 120 69 275 687
Northeast 42 24 96 239
Southeast 1,637 962 3,849 10,131
Ponderosa _ 5 3 - 12 30
Ed ediff 241 138 551 1,377
[Total 5,194 2,761 14,086 33,095
The geographic subareas referenced in the table are shown on the attached map titled 'City
Council UGA Analysis'. As shown in the table above, these potential UGAs have the capacity
to accommodate the population allocated to the City by Spokane County.
Facilities and Services
New growth places new demands on public facilities and services. The GMA requires that each
jurisdiction quantify the impacts of new development on public facilities and services, identify
future deficiencies, and determine costs for new infrastructure. Each jurisdiction must then
show how the required capital improvements will be funded. The table displays acres of land in
water districts and percentage of land that is currently sewered by subarea.
Percentage "
Acres in Water Acres Percentage
Water
Mnfial &Notal in
Dis ict District Sewered Sewered
Plantes Ferry 250 237 95% 0 0%
Northeast 46 43 93% 6 13%
Southeast 2781 2193 79% 1147 41%
Ponderosa 47 47 100% 12 26% by 2009
Ed ecliff 315 301 96% 27 9%
Total 3439 2821 82% 1192 35%
Service Providers
The following table shows water, sewer, school and fire districts by UGA subarea.
Potential UGAs Water Districts School Districts dire Districts Sewer
Plantes Ferry Trentwood No. 3 East Valley Fire District 1 None
Fire District 9
,.-Northeast- - -Consolidated-No.-19--- --East-Valley Fire District-l -------SpokaneCounty--• -
Consolidated No. 19
Southeast Vera No. 15 Central Valley Fire District 1 Spokane County
Model No. 18 Fire District 8
Spokane Count No. 3
Ponderosa Spokane County No. 3 Central Valley Fire District 8 Spokane County
Edgecliff East Spokane No. 1 West Valley Fire Distri ct 1 Spokane County
Spokane No. 81 Fire District 8
Once Council identifies a preferred UGA boundary, Planning Staff will prepare an update to the
Capital Facilities Plan to be incorporated into the 2007 Annual Comprehensive Plan amendment
- - -.process:
PLANNING COMMISSION PROCESS: After a series of public meetings and hearings, and
after reviewing all public comments, the Planning Commission voted (4 to 2) to recommend to
Council UGAs as depicted on the attached map titled "Planning Commission Recommended
UGA's". UGA meetings and hearings were conducted on the following dates:
• August 24, 2006 - UGA Open House
• September 28, 2006 - Planning Commission Workshop
• October 12, 2006 - Planning Commission Public Hearing
October 26, 206 Continued Hearing -
• November 8, 2006 - Continued Hearing, final recommendation
Commission members voting "no" expressed concern about allowing growth in the east end of
the City served by Central Valley School District after the District's bond proposal failed.
Another concern related to an irregular existing UGA boundary north of Wellesley Road at Flora.
CITY COUNCIL REVIEW: City. Council reviewed the Planning Commission's recommendation
at their November 28, 2006 regular meeting. Council did not suggest that any land be deleted
from the Planning Commission's recommendation; however, Council directed Staff to provide
information on 3 additional areas for consideration as Spokane Valley UGAs. These areas are
displayed on the attached map titled "City Council UGA Analysis". The following table shows
that the areas requested by Council for further analysis can accommodate about 7,769 people.
~ JJ
-1
1'/a ai~t and
City Council Net Deve.lopabte Pofentral New P
UGA Requests Acres
CCR-1 352.8 198.6 794.5 1,992.0
CCR-2a 343.5 194.8 779.0 1,973.1
CCR-2b 277.0 156.9 627.1 1,578.2
CCR-3 390.6 222.2 888.8 2,225.8
Total 11363.9 772.4 3,089.4 7,769.2
The following table shows service providers for each area requested by Council for UGA
consideration.
Potential UG water Districts School Disticts jF,ire Districts Sewer
CCR-1 Consolidated No. 19 East Valley Fire District 1 None
CCR-2a Consolidated No. 19 East Valley Fire District 1 None
CCR-2b Consolidated No. 19 East Valley Fire District 1 None
CCR-3 Spokane County No. 3 Central Valley Fire District 1 None
Fire District 8
Staff Analysis:
CCR-1: Planning Staff suggested additional land in this area to establish a more logical UGA
boundary. To accomplish this, Staff supports adding land to the west of the existing UGA
identified as "Northeast". This area in general has received significant opposition to adding
more land to the UGA.
CCR-2a: -Councif expressed interest in this area because of the potential-development impacts
on the City. The area is a natural gateway to our City.
CCR-2b: This area is a desired UGA by the City of Liberty Lake.
CCR-3: Planning Staff does not support adding any of this area to the UGA because it does not
meet criteria established by Spokane County. The area contains a significant flood plain and is
designated Rural Conservation by they County. Urban density development could potentially
adversely impact the Dishman Hills natural area.
OPTIONS:
1. Move to request UGAs consistent with Planning Commission recommendation.
2. Move to request UGAs consistent with Planning Commission recommendation and
with additional land.
3. Provide additional direction to Staff.
RECOMMENDATION: Staff recommends the following motion: "Move to request City of
Spokane Valley Urban Growth Areas as recommended by the Spokane Valley Planning
Commission including the following property (Council to decide
additional property).
STAFF CONTACT: Scott Kuhta, Senior Planner, Greg McCormick, Planning Manager
ATTACHMENTS:
1. City Council UGA Analysis Map
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Ansivsis
O CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: December 12, 2006 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
.AGENDA ITEM TITLE: Motion Consideration: Appleway Corridor
GOVERNING LEGISLATION: NA
PREVIOUS COUNCIL ACTION TAKEN: Motion to authorize Mayor to send correspondence to
Spokane County Commissioners approved on November 14, 2006.
BACKGROUND: The City of Spokane Valley recently sent correspondence to the
t`- --Spokane County Commissioners (BOCC) asking -that' Spokane County.. recognize, the. _
City's ownership of the Appleway Corridor. Prior to this the City and County have
conducted extensive negotiations concerning this property. The BOCC authorized a
response letter on December 5, 2006. This agenda item is for council consideration of
Spokane County's response and identification of any further action deemed necessary.
OPTIONS: Council Direction
RECOMMENDED ACTION OR MOTION: Provide direction to staff
BUDGET/FINANCIAL IMPACTS: Financial impact could vary depending upon action
requested.
STAFF CONTACT: Mike Connelly, City Attorney
ATTACHMENTS
Spokane Valley's November 15, 2006 Letter to the Board of County Commissioners
Spokane County Board of`County Commissioners December 5; 2006'L'etter`to`Mayor Wilhite""
ON .2'
7 CrlY '
00
S p o° Kan
e
11707 E Sprague Ave Suite 106 + Spokane-Valley WA 99206
Vafley ® -
509.921.1000 ♦ Fax: 509.921.1008 ♦ dtyhal( spokanevalley.org
November 15, 2006
Board of County Commissioners, Spokane County
1116 West Broadway, First Floor
Spokane, WA 99260
Re: Notice of claim of ownership to Old AfiIwaukee Right-of-way between University Road
and the Spokane Valley's eastern corporate boundary
Dear Board of County Commissioners:
Please be advised that the City of Spokane Valley asserts that it has legal ownership of the
- property commonly referred to , as the. - Old - -Milwaukee Right-of Way; legally -described as
follows:
All that portion of Chicago, Milwaukee, St. Paul and Pacific Railroad Company's
Dishinau to Coeur d'Alene Branch right of way, from the eastern right of way line
at University Road to the centei section line of Section 17, Township 25 Nortb,
Range 45 East, WN., lying within Sections 21, 22,-23 and 24, all in Township 25
North, Range 44 East; W.M., and Section 19, 18, acid the West % of Section 17,
all in Township 25 North, Range 45 East, W.M.
The above-referenced property was dedicated for road . purposes by the Board of County
Commissioners for Spokane County qu April 26, 1994. As such, it transferred by operation of
RCW 35.02.180 upon incorporation of the City of Spokane Valley on March 31, 2003. The City
will. grant Spokane County an easement for the continued maintenance and operation of its sewer
facilities in the property.
As you are aware, the City has an approved project application for approximately $4.2 million in
federal road fimds for improvements to Appleway Boulevard east of University Road. - Any
question as* to the ownership interest of the City of Spokane Valley in this property could
jeopardize these funds. Further, our on-going efforts to complete the Sprague/Appleway Corridor
Study and plans for the redevelopment of a new city center could be adversely affected by your
failure to immediately acknowledge the prior transfer of this roadway. If we do not-receive from
you an acknowledgement of the City's ownership by December 6, 2006, we will assume that
Spokane County is refusing to provide the same and will take appropriate action.
Sincerely, .
~W
Diana Wilhite, Mayor
DW/pd
c: City Council members
Dave Mercier, City Manager
Mike Connelly, City Attorney
i
SPOKW-1.
COU~#Y_
OFFICE OF COUNTY COMMISSIONERS
TODD MIELKE, .1ST DISTRICT • MARK RICHARD, 2ND DISTRICT • PHILLIP D. HARRIS, 3RD DISTRICT '
_ December 5, 2006. C I v
'ED
Honorable Diana Wilhite, Mayor •
City of Spokane Valley C U 3 2006 '
11707 East Sprague Avenue, Suite 106
Spokane Valley, WA 99206 City of Spoka6e Valley
Re: Notice of Claim of Ownership to Old Milwaukee Right-of-way between University Road
and the Spokane Valley's Eastern Corporate Boundary
Dear Mayor Wilhite:
Spokane County has 'reviewed your letter dated November 15, 2006, regarding the above
referenced matter.
J.n that letter you wrote in part:
• ' • The above-reference ro ert y was dedicated for road purposes -b the -poaxd •
q `oqn inuiissioiler fob (sic)T`S~pdk nC-CoWity Aril 26;:.I994::.:As
sueh, it transferred by 6peration of RCW 35.02.180 upon incorporation of
the'City of Spokane. Valley on March 31, 2003.
If we do not receive from you an acknowledgment of the City's ownership by
December 6, 2006, we will assume that Spokane County is refusing to provide
the same and will take appropriate action.
We respectfully disagree with the conclusion. stated in your lettex regarding the transfer of the
subject property. A. suc1 vVe_cannot'pzovidctpe City with'-the acknowledg~n dit "~regse~ted.
Spokane County remains open to continue negotiations regarding the transfer of the subject
property to the City which have been ongoing for the past two years
Very truly yours,
r
y '
Todd Mi'elke, Cfialr , Mark I& Vice-Chair Phillip' Harris, Commissioner
cc: Engineering, and Roads Department Prosecuting Attorney
11 16 WEST BROADWAY AVENUE SPOKANE, WASHINGTON 99260-0100 (509) 477-2265
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 12-12-06 City Manager Sign-off-
Item: Check all that apply: ❑ consent x old business ❑ new business ❑ public hearing
- - ❑ information ❑ admin. report ❑-pending legislation
AGENDA ITEM TITLE: Motion Consideration: Lodging Tax Grant Allocations
GOVERNING LEGISLATION: Chapter 82.08 RCNV Imposition of tax on the furnishing of lodging
and allowable uses
PREVIOUS COUNCIL ACTION TAKEN: None
BACKGROUND:Jn previous years, the City was very conservative in- their estimation of lodging tax - - -
revenues and expenditures. Because of these projections and because some of the awards made have not
been used, we are projecting a carry over of $280,000 at the end 2006, and revenues for 2007 of
approximately $350,000. This information was presented as an administrative report at the November 28,
2006 Council meeting.
The committee recommends the following 2007 room tax allocations for council consideration:
Spokane County Fair & Expo Center $ 20,000
0-- Spokane Reg-EvnventionNisitors Bureau $175,000 - - -
Spokane Reg. Sports Commission $100,000
Spokane Valley Heritage Museum $ 10,000
Valleyfest $ 25,000
Six Bridges Arts Assn. $ 12,500
_ CenterPlace $.,40,000
Total $382,50 0
OPTIONS: The committee also indicated they would be interested in reviewing additional proposals for
tourism promotion in May of 2007. It was pointed out-that since room tax can only be used for tourism
promotion, it makes little sense to save these dollars, rather than putting them to use in marketing and
promotion of tourism.
RECOMMENDED ACTION OR MOTION: Move to allocate the funding recommendations as listed
above.
BUDGET/FINANCIAL IMPACTS: allocations are within the budget limits
STAFF CONTACT: Ken Thompson, Finance Director
Charlie Pflieger, Accountant/Budget Analyst
CITY OF SPOKANE VALLEY
Request for Council Action
:Meeting Date: 12-12-06 City Manager Sign-off:
Item: Check all that apply:❑ consent ❑ old business xx new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE : Mayoral Appointments to Boards and Committees
PREVIOUS COUNCIL ACTION TAKEN: Annually, Council reviews commitments of members of
the public (shaded area below) on various boards and committees, as well as their o«n commitments for
Mayor appointment and Council confirmation.
Board/Committee Current Representative Term Expires Comments
Convention Center & Visitor's Bureau Steve Taylor 12-31-06
Dick Denenny, alternate.
Economic Development Council Diana Wilhite 12-31-06
Steve Taylor, alternate
Emergency Communications 911 Board Mike DeVleming 12-31-06
Finance Committee Diana Wilhite 12-31-06
Rich Munson 12-31-06
Steve Taylor 12-31-06
Friends of Centennial Trail Mike DeVleming 12-31-06
Growth Mgmt Steering Committee Mike DeVleming 12-31-06
Rich Munson 12-31-06
(all remaining councilmembers as alternates)
Health District Board Dick Denenny 12-31-06
Bill Gothmann 12-31-06
International Trade Alliance Rich Munson 12-31-06
Light Rail Citizen Advisory Board Rich Munson - appointed by ST.4 Board
Gary Schimmels - appointed by SRTC Board
Lodging Tax Advisory Committee Steve Tit-, } Ior 12-31-06
Diana Wilhite 12-31-06
Peggy Doering 12-31-06*
Brendan Genther 12-31-06*
Planning Commission (3-year terms) John Carroll 12-31-06 seeks re-aplx)intment
Ian Robertson 12-31-06 seeks re-appointment
:Marcia Sands 12-31-06 seeks re-appointment
Spokane Co. Air Pollution Control Mike DeVleming 12-31-06
Authority (SCAPCA) 4-year term
SCRAPS Gary Schimmels 12-31-06
Mike DeVleming, alt 12-31-0Solid Waste System Liaison Board Gary chimmels 12-31-06
Mike DeVleming, alt 12-31-06
Sp Reg Trans Council Board (SRTC) Cary chimrnels 12-31-06
(three-yoar turn8) Mike De leming,-alt 12-31-06
Spokane Transit Authority ETA) Dick Denenny 12-31-46
Rich Munson 12-31-06
I
PTTONS: Make some or all re-appointments, alter appointments; or schedule for another council
meeting-
,
RE OMAW ED ACTT O !MOTION: Cauncileonliirmntioa oFtheMayoral. appaintments._.
BUD ETIFINAN IAL INT.PACTS:
STAIi'`F CONTACT:
ATTACKWENTS
I
i
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: December 12, 2006 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information X admin. report ❑ pending legislation
AGENDA ITEM TITLE: Dangerous Dog Appeal procedures
GOVERNING LEGISLATION: SVMC 7.30
PREVIOUS COUNCIL ACTION TAKEN: Resolution 03-046 delegating authority to BoCC to
hear appeals relating to dangerous dogs and potentially dangerous dogs.
BACKGROUND: Until incorporation, the County Commissioners handled such appeals. After
incorporation, they continued to decide these appeals on their own initiative, until the City
formalized this through adoption of Resolution 03-046. Since that time, the BoCC membership
has changed, and the BoCC has notified the City that it will not be performing this function for
the City in the future.
As a result of this decision by the-BoCC, the City must--determine who-will be-hearing these- - -
administrative determinations in the future. Attached is a memorandum outlining four options.
Staff requests direction from the Council on which option it wishes to use. Staff recommends
using option 4, which would have administrative determinations that a dog is either "dangerous"
or "potentially dangerous" go to the Hearing Examiner for review. The Hearing Examiner would
then issue the final determination from the City that upholds, rejects or modifies the
administrative determination from SCRAPS. The decision from the Hearing Examiner would
then be appealable to Superior Court.
OPTIONS: Direct staff to draft an ordinance and/or -resolution to effedt-146' Council's policy -
choice.
RECOMMENDED ACTION OR MOTION: Consensus-to direct staff to draft any legislative
changes necessary to accomplish Option 4, as outlined in the attached Memorandum, and bring
it back for a first reading.
BUDGET/FINANCIAL IMPACTS: Revenue neutral because the Hearing Examiner already
hears these cases.
STAFF CONTACT: Cary P. Driskell, Deputy City Attorney
ATTACHMENTS: Memorandum regarding dangerous dog-appeals. -
Valley
11707 E Sprague Ave Suite 106 4 Spat ane Valley WA 99206
509.921.1000 Fax, 509.921 1008 cityha I 1@spo"neva [ley, o rg
Memorandum
To: City Council
From: Cary P. Driskell, Deputy City Attorney
: Dave Mercier, City Manager; Mike oz elly, City Attorney
- - - - -safe: .D et-nb r-5, -20 - - - - - - - - - _
e: Dangerous Dog appeals
FACTUAL BACKGROUND - In 2004, the City Council delegated its authority to hear
administrative appeals regarding dangerous dogs to the Board of Corn rnissivoners for Spokane
County (BoC through Resolution - The Bo has informed the City that it no longer wishes
t handle these matters fir the-City way need .to undWak. art.apOork to amend- .
its code provisions on dangerous dog appeals, and repeal the resolution. delegating this appeal
authority to Spokane County.
A :typical example of this situation would be that a dog acts in such a way that SCRAPS would
make an administrative determination that th.e dog should be classified as either "dangerous", or
"potentially dangerous". The City adopted the County regulations pertaining to SuchjnatteTs by
adopting the County regufations, including for appeals. Under those regulations, the
administrative determination b Nancy Hill is appealable to the Hearing Examiner. The Hearing
Examiner can uphold the determination, reject it, or modify it. The Nearing Examiner's decision
is final unless appealed to the .BoCC, Tf it is appealed- to the BoCC, then they also have the
option of approving, rejecting or modifying the Hearing Examiner decision: This then becomes
the final decision of the City. If the owner believes the decision was in error, they still. have the
option of appealing the final decision to Superior Court,
OPTION - The City essentially has three options at this point, all of which will require some
legislative action. The options ate outlined immediately below, along with any legislative action
that would be required to accomplish it.
1. The Council could elect to retain the ability to review the decision by the Hearing
Examiner. All that would be required would be to repeal Resolution 03-046, which
delegated the f.o.al hearing authority to the BoCC
0
If the Council chooses this option, it would require the Council to receive a decision from
the Hearing Examiner approximately 6-8 times a year, then review and affirm, reject or
modify the decision based on the evidence presented. They would have the benefit of the
Hearing Examiner looking at the initial determination, and then drafting a findings of fact
and conclusions of law. The Council has previously indicated a preference for
minimizing opportunities for them to act in the role of a judicial officer.
2. The Council could delegate the final hearing authority to a different third party. It
may be somewhat difficult to find somebody, who is willing to take the time to do so, and
whom also has some expertise in reviewing such things. If the Council were to choose
this option, it would be necessary to repeal Resolution 03-046, and adopt one that again
delegated the Council's authority to hear these matters.
3. The Council could amend SVMC and require that any such appeals go directly
from the decision 'by' Nancy Hill to District Court. Staff sees this as not being the
preferred choice for two reasons. Some would argue that this is not a customer service-
oriented approach because it skips the step where a trained hearing officer considers the
facts and law and then renders findings of fact and conclusions of law. Second, District
Court does not currently handle these matters, which are quite a bit different than the
types of cases they currently do. As such, the appeals are not likely to get the close
scrutiny our citizens would expect.
4. The last option would be that the Council amend SVMC 7.30.010 and.030 so that
- appeals go -from--SCRAP-S• (NIancy •Hill)-with review by- the -Hearing Examiner: - The - -
decision by the Hearing would be the final decision by the City, with any appeal by an
aggrieved party taken directly to Superior Court. This option appears to fit most closely
with goals previously outlined by the Council.
SUMMARY - Staff requests that the Council identify which of the four options the Council
prefers for processing administrative determinations regarding dangerous dogs and potentially
dangerous dogs.
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: December 12, 2006
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation
AGENDA ITEM TITLE: Administrative Report (2"d Touch): SVMC (Uniform Development
Code) Titles 17 General Provisions, Title 18: Boards & Authorities &
Title 20 Subdivisions
GOVERNING LEGISLATION: RCW 36.70, WAC 365-195-800 et seq. RCW 90.58
PREVIOUS COUNCIL/COMMISSION
ACTION TAKEN: The 2006-2026 Comprehensive Plan was adopted on April 25, 2006
and effective on May 10, 2006. Council received information
concerning the proposed process on July 11, 2006. The Planning
Commission conducted a public hearings on all three Titles on
September 28, 2006, and recommended approval. City Council was
briefed on these provisions on October 10, 2006.
BACKGROUND:
The City has one year to adopt regulations implementing the Comprehensive Plan. These
regulations will be incorporated into the Spokane Valley Uniform Development Code, including a
wide range of regulations, some of which the City Council has seen in the past. These
regulations are subject to the same requirements for early, continuous and collaborative public
participation as the Comprehensive Plan.
Title 17 -General Provisions.
This Title includes generally applicable rules of construction and interpretation. An
extremely important part of this section are those rules affecting the application
procedures for various types of permit. The four different types of application relate to
the manner in which they are processed: Type I application are approved
administratively and include actions such as boundary line adjustments and temporary
use permits; Type II permits include short subdivisions and binding sites plans, which
are also approved administratively; Type III permits include site-specific zoning which
require a public hearing before the Hearing Examiner, while Type IV permits include
those which require the approval of the City Council. This section relates to process and
the requirements for notice and hearing.
Provision is made for appeals of the decisions of both administrative determinations, the
Hearing Examiner and the City Council. Finally, this Title includes provisions for
compliance and enforcement which have been "tweaked" but remain fundamentally
unchanged.
Title 18 - Administration.
This Title includes primarily the duties and responsibilities of the Planning Commission,
the Hearing Examiner, the Community Development and Public Works Directors, and
the Building Official. It does not include the Rules of Procedure adopted by either the
Planning Commission or the Hearing Examiner.
Title 20 - Subdivision Regulations.
Subdivision regulations generally cover the division of land into two or more lots, tracts
or parcels, excepting burial plots, divisions created by testamentary provisions,
Administrative Report
SVMC Titles 17, 18 & 20
Page 2 of 2
acquisition for public purposes, and divisions required for wireless communications or
electric utilities. Divisions of land includes "short" subdivisions of up to nine lots, which
are approved administratively, subdivisions of more than nine lots, which require a public
hearing before the Hearing Examiner and binding site plans which apply to
commercial/industrial development, which are approved administratively. The two-step
subdivision process includes preliminary and final approvals. All final subdivision plats
and binding site plans are approved administratively.
Subdivisions and binding site plans are survey documents only. The process of
subdivision triggers other requirements, including review for concurrency and drainage
and construction plans, which are identified in this Title. Both subdivisions and binding
site plans must be recorded prior to the sale of property. The review process is detailed
as a Type II or Type III permit in the draft of Title 17. Title 20 includes requirements for
submittal and approval criteria, as well as provisions for extension of approvals beyond
the statutory five year period. Plat alterations, modifications, vacation and boundary line
adjustments are also included in this title.
Washington statutes are fairly prescriptive concerning the requirements and process for
the subdivision of land. Provisions which are a matter of local policy are included in
Chapter 20.10.080 General Design. These provisions include lot arrangement and
orientation, lot and block dimensions.
These Titles were submitted to the Community Trade & Economic Development Department
(CTED) on July 21, 2006, and October 5, 2006 not less than sixty days prior to final adoption by
the City Council.
OPTIONS: Provide staff with direction, schedule for further discussion or take no action.
RECOMMENDED ACTION OR MOTION: Provide staff with direction.
BUDGET/FINANCIAL IMPACTS: None.
STAFF CONTACT: Greg McCormick, Planning Manager
Mike Connelly, City Attorney
ATTACHMENTS:
Draft Regulations
4.7
Flr nh•bw.
Uniform Development
Code
Title 17 - General Provisions
Title 18 - Boards & Authorities
Title 20 - Subdivisions
December 12, 2006
Dry.rtn.wl of CeMnnh7 gnd.pmer
r- a.~.
planning Commission Recommended
Title 17 - General Provisions
17.05 Authority
17.10 Purpose and Application
17.20 Rules of Construction
17.25 Formal Interpretations
17.30 Consistency with Comprehensive Plan
17.35 Severability
17.40 Application Procedures
17.50 Appeals
17.60 Compliance and Enforcement
17.70 Fees
- Dep.n.e.K er oe•rHp+e.t
• De.ik.
Permit Application Types
• Type 1 - approved administratively e. g. boundary line
adjustments, temporary use permits
• Type II - approved administratively e. g short
subdivisions and binding sites plans
• Type Ill - public hearing before the Hearing
Examiner e.g site-specific zoning
• Type IV - require the approval of the City Council
e.g. Comprehensive Plan amendments, UDC text
amendments, area-wide rezones
D"OrIM M C4MM"aq Dr depwl
!M Oi.iiiw
Planning Commission Recommended
Title 18 - Administration
18.10 Planning Commission
18.20 Hearing Examiner
18.30 Community Development Director
18.40 Building Official
18.50 Public Works Director
0.pAMeN Cwwwi~ pnipsrst
no. Oki&
Planning Commission Recommended
Title 20 - Subdivisions
❖ City's Authority - Revised Code of
Washington (RCW) 58.17
- - oyo.o.er or Co -.iy os.de{rner
n.~ DPW"
Definitions
❖Subdivision - division or redivision of
a parcel of land.
❖Plat - map or representation of a
subdivision.
❖Preliminary Plat - drawing of a
proposed subdivision for initial review.
4-Final Plat - drawing of a proposed
subdivision for final approval.
D.p.rtwe~.1 Co.--my De.dop-ot
n..... Dlrlilo.
Types of "subdivisions"
❖Short Subdivisions - 9 or fewer lots
❖Subdivisions or Long Subdivisions -
more than 9 lots
❖Binding Site Plans - Non-residential
Subdivision (commercial/industrial)
D,_-., r C.-O pm *
.01.2 Milio.
What is covered in Title 20?
-General design requirements
❖Findings for approval
4-Application requirements for
preliminary and final "subdivisions"
*Filing final 'subdivisions'
4,13onding in lieu of constructing
improvements
❖Phasing subdivisions
-*.*Plat alterations and vacations
013oundary line adjustments/eliminations
Dep.r/.Ml .I.NR! Dr.*M-./
Awl
Questions?
Planning Commission Recommended Draft Title 17 Uniform Development Code
Title 17
GENERAL PROVISIONS
17.05 Authority
17.05.010
The City of Spokane Valley (hereafter referred to as 'the City°) adopts Spokane Valley
Municipal Code (SVMC) Titles 17-25 as the City of Spokane Valley Uniform Development Code
(UDC) pursuant to RCW 35A.11.020 and RCW 35A.14.140 and further in compliance with
RCW 36.70A (the Growth Management Act) and WAC Sections 365-195-800 through 365-195-
865.
17.10 Purpose
17.10.010 I
These regulations have been established in accordance` with the Comprehensive Plan for the
purpose of promoting the health, safety, general welfare and protection of the environment of
the City. They have been designed to reduce traffic congestion; to reduce the threat of fire,
panic and other dangers; to provide adequate lightand air; to prevent the overcrowding of land;
to avoid undue concentration of population;.` 1.11 facilitate the adequate provision of
'to
transportation, water, sewerage, schools, parks and\othe/r public requirements; to safeguard
community character; to encourage land uses in areas'suitable for particular uses; to conserve
the value of property; and to encourage the most appropriate use of land throughout the City.
17.15 Application. Violation, and Penalty
17.15.010
All development and/°u se of land within the corporate limits of the City shall conform to all of the
requirements of this code, unless specifically exempted herein or by the operation of law. All
violations of this title~are hereby determined to be detrimental to the general public health,
safety and welfare and are hereby declared public nuisances. Further, any person who willfully
or knowingly causes, aids;. or,abets a violation' pursuant to this article by any act of commission
or omission is guilty of a m sdemeanor. Upon conviction, the person shall be punished by a fine
not to exceed $1,000 and/or incarceration for a term not to exceed 90 days. Each week (seven
consecutive days) such, violation, tinues shall be considered a separate misdemeanor
offense.. `
17.20 Rules of Construction
17.20.010 General,
All provisions, terms, phrases, and expressions contained in this code shall be construed to
implement the intent and meaning of the City Council.
17.20.020 Specific
1. Computation of time. The time within which an act is to be done shall be computed by
excluding the first and including the last day. Although, if the defined period of time
would expire on a Saturday, Sunday, or legal holiday, then the time period is extended
until the end of the next day that is not a Saturday, Sunday, or legal holiday. In the
computation of time the standard calendar shall be used. The following time-related
words shall have the meanings ascribed below.
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a. 'Day" means a calendar day, unless working day is specified.
b. `Week" means seven (7) calendar days.
c. "Month" means a calendar month.
d. "Year" means a calendar year.
2. Conjunctions. Unless the context clearly indicates to the contrary, conjunctions shall be
interpreted as follows:
a. "And' indicates that all connected items, conditions provisions or events shall
apply.
b. "Or" indicates that one or more of the connected. items, conditions, provisions or
events shall apply.
c. "Either or" indicates that the connected items conditions, provisions, or
events shall apply singularly but not in combination.
3. Delegation of authority. Whenever a provision appears requiring ?the head of a
department or some other officer or employee to do some act or performsome duty, it
is to be construed to authorize the head-of the department or other officer•t'o designate,
delegate, and authorize subordinates to perform'the,required act or duty, unless the
terms of the provision or section specify otherwise.-
4. Non-technical and technical v~rds~Words and phases shall be construed according to
the common and approved usageof the'language, but technical words and phases and
such others as may have acquired,a peculiarrand,appropnate meaning in law shall be
construed and understood according to sudh meaning i
5. Number. A word indicating the singulannumber may extend and be applied to several
persons and things. The use of the plural number shall be deemed to include any
single person or thing, unless the cont&cl arty indicates the contrary.
6. Public officials. bodies and agericies: All public officials, bodies, and agencies to which
reference. is made are those of the City, unless otherwise indicated.
7.<~Xhall and may.The word 'shall" is always mandatory and not discretionary. The word
may" is permissive.
8. Tense, Words used in the past or present tense include the future as well as the past or
pre's.ent, un less the' context clearly indicates the contrary.
9. Text. In case of,any difference of meaning or implication between the text of this code
and any illustration or figure, the text shall control.
17.25 Code Interpretation
17.25.010 Interpretation of Development Code
Any person may request a formal interpretation of a provision of the development code, zoning
map, arterial road map, prior conditions of approval, or prior-administrative interpretations. The
interpretation shall be made by the Community Development Director (hereafter referred to as
"the Director"). The Community Development Department (hereafter referred to as "the
Department") shall maintain a file of all written interpretations.
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17.25.020 Appeal of Administrative Interpretation
This formal interpretation may be appealed pursuant to the provisions of chapter SVMC 17.50
of this code.
17.30 Consistency with Comprehensive Plan
17.30.010
The regulations of this code are intended to implement the City's official Comprehensive Plan,
and as such may be amended from time to time. A copy of the plan shall be kept in the office of
the City Clerk, and it shall be available for public inspection during regular business hours or on
the City's website. Applications for rezoning any land use action shall be consistent with the
Comprehensive Plan.
17.35 Severability
The sections, paragraphs, sentences, clauses, and:pt ses of this chapter\are severable, and
if any phrase, clause, sentence, paragraph,,,or;section of this chapter shall be declared
unconstitutional, such unconstitutionality or invalidity shall note affect any of the remaining
phrases, clauses, sentences, paragraphs, or sections of this code.
17.40 Permit Processing Procedures.
1
17.40.010 Purpose and Applicability
1. Purpose. The purpose of this chapter is to esta b I ish' standardized decision-making
procedures for,reviewmg development, andland`use`applications within the City. This
chapter is intended tom-,.
a. Assure prompt review of development applications;
b. Provid'fog necessary" publiceview and comment on development applications;
c. Minimize adverse impacts on surrounding land uses;
d. Encourage fle bility and innovation in the design and layout of development
proposals; and
e: Ensure consistency with the Comprehensive Plan and development regulations.
2. Applicability: ;This chapter applies to all development applications identified in SVMC.
17.40.020 Types of Development Applications
1. Land Use and development applications will be classified, as follows:
a. Type I procedures apply to permits and decisions issued administratively.
b. Type II procedures apply to administrative actions that contain some
discretionary criteria.
c. Type III procedures apply to quasi-judicial permits and actions that contain
discretionary approval criteria.
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d. Type IV procedures apply to legislative matters. Legislative matters involve the
creation, revision, or large-scale implementation of public policy.
e. Exempt applications defined below in SVMC 17.40.040.
17.40.030 Assignment of Development Application Classification
1. Assignment by Table. Land use and development applications shall be classified
pursuant to the following table.
Table 17.40-1
Type Land Use and Development Application Cross Reference
- SVMC Chapter
Accessory Dwelling Units 19.110
Administrative Determinations by community 'development 17.25
director, public works director, or building official.
Administrative Exception = 19.60
Administrative Interpretation 17.25.010
Boundary Line Adjustments and Eliminations 2040
Home Profession Permit 19.110
Shoreline Permit Exemption- (dock permit), 21.50
Site Plan Review \ 19.65
Temporary. Use, Permit 19.800
Time Ektensions' for preliminary, plat, shor t plat or binding 20.10.060
site plane ~y'~~
Floodplain development 21.30
Building Permits not'subject,to SEPA
Grading Permits 24.100
Binding Site Plan` IlPreliminary and Final 20.60
Binding Site Plan = Change of Conditions 20.60
Wireless Communication Facilities 22.120
Subdivision:- Final
11 Plat Alterations - Final 20.60
SEPA Threshold Determination 21.20
Preliminary Short Plat, Plat, Binding Site Plan - Change of
Conditions
Short Subdivision - Preliminary and Final 20.20
III Conditional Use Permits 19.700
Shoreline Conditional Use Permit 21.50
Shoreline Substantial Development Permit 21.50
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Type Land Use and Development Application Cross Reference
- SVMC Chapter
Shoreline Variance 21.50
Subdivisions - Preliminary 20.20
Variance 19.900
Zoning Map Amendments (site specific rezones) 17.40.160
Annual Comprehensive Plan Amendments (text andlor 17.40.160
map)
IV Area-wide Zoning Map Amendments 17.40.160
Development Code Text Amendments ' 17.40.160
2. Assignment by Director: Land use and development"applications not defined in SVMC
Table17.40-1 above shall be assigned a type by the Direcior' unless exempt under
SVMC 17.40.040. When one or more procedure may be appropriate, the process
providing the greatest opportunity for public notice shall be followed!;° ,
17.40.040 Exempt Activities l
1. Exemptions. Unless specified elsewhere in this title, the following development
activities are exempt from thp ocedural requirements of this chapter:
a. Normal or emergency,, repair or ,maintenance' of public or private buildings,
structures, landscaping'; or utilities, .
b. A change of any legally-established use is exempt, unless the change of use
requires:
L An increase in the number`of parking spaces provided,
ii. A conditional use permit under SVMC 19.80,
iii. A site plan approval under SVMC 19.65, or
iv. Review by SEPA.
\c. Final subdivisions, short subdivisions, and binding site plans.
l
d` Building pem its that are not subject to SEPA.
e. On-site,6blity permits not obtained in conjunction with a specific development
application, including but not limited to sewer hook-ups, water hook-ups, right-
of-way permits, and fire department permits.
f. Sign permits.
g. Interior remodeling and tenant improvements unless site plan review is required
under SVMC 19.65..
2. Other Regulations. Applications exempt under this section remain subject to all other
applicable standards and requirements of the SVMC.
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17.40.050 Development Application Requirements
1. Application forms. All applications shall be made on forms provided by the Department
The Director shall have authority to modify application materials.
2. Submittal information. All applications shall include the information required in applicable
provisions of this code as identified in SVMC Table 17.40-1 and other additional
information required by the Department.
3. Fees. Fees as required by SVMC 17.70.
17.40.060 Final Decision Authority
The final decision for application type shall be made by:
1. Type I - the Department.
2. Type II - the Department. ,
3. Type III - the Hearing Examiner.
4. Type IV- the City Council preceded by a recommendation by Planning Commission.
I /
17.40.070 Required Application Procedures
The required procedures for Type I, Ili and III applications are set forth in the following
table. The specific procedures "required for Type IV applications are set forth in SVMC
17.40.140 and 17.40.150. .
Table 17.40-2 Procedures for De lopment Applications,
r- o c -
" c O c o
L:) 0
r C T+ Q .w C
Appllcatlo, r_ ccoo i c Ro c °o o ° ° o
n Type'- N a~i c~
2o~~°' E o o o y m o p o
v o. o c El o o- c o
Q cad: =2E J`' T V a V c~ v
Q: O. I~ O O- N 7 I~ O Q f~ O 7 t~ c t~
a- ' U J U-44) Z M r Z Q u.. m
O X X~ NIA N/A X
II O X X X N/A X
III X. X, X X X X
X Required O Optional N/A Not Applicable
17.40.080 Pre-Application Conference
1. Purpose. To provide City and other agency staff with a sufficient level of detail about
the proposed development; to enable staff to advise the applicant of applicable
approvals and requirements; to acquaint the applicant with the applicable requirements
of the SVMC and other laws; and to identify issues and concerns in advance of a
formal application.
2. Pre-application. Type II and III applicants shall schedule a pre-application conference
and provide information requested in advance of the meeting.
3_ Pre-application waivers. The director may waive the pre-application conference if
determined that the proposal has few development-related issues, involves subsequent
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phases of an approved development, or is substantially similar to a prior proposal
affecting substantially the same property.
17.40.090 Counter-Complete Determination
1. Determination and Application Content. Prior to accepting an application the Department
shall determine whether the application is counter-complete. A counter-complete
application shall contain all information requested in the applicable form. Review for
counter-complete status does not include an evaluation of the substantive adequacy of
the information in the application.
2. Incomplete application. If the Department determines that the application is not counter-
complete, the application shall be rejected and the applicant advised of the information
needed to complete the application.
3. Counter-complete application. Counter-complete applications shall be accepted for
review for fully-complete determination.
17.40.100 Fully-Complete Determination
1. Determination. Once a counter-complete application has been' accepted, the
Department shall, within 28 calendar days',. provide a written determination delivered by
mail or in person to the applicant that theapplication is fully-complete, or if incomplete
a list of what is required to make the application complete. The names of agencies of
local, state, or federal governments that may havejurisdiction over some aspect of the
application to the extent known,by the City will be provided to the applicant.
2. Incomplete application. If the necessary information is not provided by the applicant
within 60 days, the Department shall:
a. Reject and return the application; or
i '
b. Issue-a decision denying the application, based on a lack of information. The
applicant may reinitiate the fully-complete review process without additional
fees provided that-the,Tpquired,information is provided by a date specified by
the Department.
c_ The applicant may, withdraw the application by submitting a request in writing
and i ay,be entitled to the return of up to 80% of the fees submitted.
3. Fully-complete application. If the Department determines that any application is fully-
complete, the Department shall, within 14 calendar days issue a notice of application
pursuant to section S /MC 17.40.110.
4. Request for, additional information. A fully-complete determination shall not preclude the
City from requesting additional information, studies or changes to submitted information
or plans if new information is required or substantial changes to the proposal occur.
5. Revocation: An application's fully-complete and vesting status may be revoked if the
Department determines that the applicant intentionally submitted false information.
6. Within 14 calendar days after an applicant has submitted additional information
identified by the City as necessary for a complete application, the City shall notify the
applicant whether the application is complete or what additional information is
necessary.
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17.40.110 Notice of Application
1. Contents. Within 14 calendar days after an application is determined fully-complete, the l
Department shall issue a notice of application.
a. All notices of applications shall include the following:
L The case file number(s), the date of application, and the date a fully
complete application was filed;
ii. A description of the proposed project and a list of project permits included
with the application, as well as the identification of other permits not
included in the application, to the extent kno%JnA the City;
iii. The proposed SEPA Threshold Determination/; if applicable.
iv. The identification of any existing envir nmental documents that may be
used to evaluate the proposed project;
v. A statement of the public comment period; a statement that the public has
the right to comment on the application, receive notice of>the decision,
and request a copy of the decision once made, and a statement of any
appeal rights;
vi. The name of the :applicant or applicant's authorized representative and the
name, address, ,'and,Jelephone number of a contact person for the
applicant, if any;',
vii. A description of the", site including current zoning and nearest road f
intersections, sufficientto,lnform the reader of its location and zoning; -
viii. ,,A map showing the subject property in relation to other properties or a
reduced copy of the site plan;
ix. The date, place, and times where information about the application may
be examined and the name and telephone number of the City
J representative to contact about the application;
X. Any additional information determined appropriate by the Department.
b:, In addition to:the requirements listed in SVMC 17.40.110(1)(a), a Type II notice
of application shall state:
i.\That/failure of any party to address the relevant approval criteria with
sufficient specificity may result in the denial of the application;
ii. That all evidence relied upon by the Department to make the decision shall
be contained within the record and is available for public review, and that
copies can be obtained at a reasonable cost from the Department;
iii. That after the comment period closes; the Department shall issue a Type
II notice of decision.
c. In addition to the requirements listed in SVMC 17.40.110(1)(a), a Type III
application shall state:
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O L That a staff report will be available for inspection at least seven days before
the public hearing, and written comments may be submitted at any time
prior to the closing of the record for the public hearing.
2. Distribution of Notice of Application. The notice of application shall be published in
appropriate regional or neighborhood newspaper or trade journal and sent to the
following persons by regular mail:
a. The applicant
b. All adjacent property owners of record as shown on the most recent property tax
assessment roll;
c. Any governmental agency entitled to notice;
d. Any person filing a written request for a copy of the notice of application.
3. Type I exception. A notice of application is not required for Type.l applications.
4. Comment Period. The Department shall all6w,1'4 calendar days for Type II applications
and 30 calendar days for Type III applications after the date the notice of application is
mailed and posted on the subject property, for individuals to submit comments. Within
seven calendar days after the close of the-public comment period, the Department shall
mail • to the applicant a copy of written,, public comments, including email
communications, timely received in response to theinotice of application together with a
statement that the applicant.may;.submit a written response to these comments within
14 calendar days from the date the comments are'pailed. The Department in making
this decision shall consider written comments.timely received in response to the notice
of application and timely written responses to those /comments, including e-mail
communications;.sulimitted by the applicant
17.40.120 Notice of Public Hearing ,
A public hearing is requited for Type III applications.
1. Content of Notices of Public Heanng: Notices of public hearing shall contain the following
information:
a. The application and/or, project number,
b. Project summary/description of each project permit application;
c. The designation of the hearing body;
d. The date, time, and place of the hearing and a statement that the hearing will be
conducted in accordance with the rules of procedure adopted by the hearing
body;
e. General project location, vicinity, address, and parcel number(s), if applicable;
f. The name of the applicant or applicants authorized representative and the name,
address and telephone number of a contact person for the applicant, if any;
g. The SEPA threshold determination or description thereof shall be contained in
the notice, along with any appropriate statement regarding any shared or
divided lead agency status and phased review and stating the end of any final
comment period;
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h. A statement regarding the appeal process; and
i. The date when the staff report will be available and the place and times where it
can be reviewed.
2. Distribution of Notices of Public Hearing: Notices of public hearing shall be mailed,
posted, and published at least fifteen (15) days prior to the hearing date and shall be
distributed as follows:
a. Notice by Mail: All property owners within three hundred (300) feet of the subject
property by first class mail. Where any portion of, the property abutting the
subject property is owned, controlled, or under the option of the project
property owner, then all property owners within three hundred (300) foot radius
of the total ownership interest shall be notified by first class mail. Property
owners are those shown on the...' most recent Spokane County
Assessors/Treasurers database as obtained by the title company no more than
thirty (30) calendar days prior to the' scheduled public hearing. In addition,
notice shall be sent to the following;,
l a
i. Agencies with jurisdiction (SEP,A);
ii. Municipal corporations or organization with which the City has executed an
inter-local agreement; and
iii. Other persons who the City determines may be affected by the proposed
action or who requested such notice in", wiiting.
b. Notice by Sign: A ,sign a minimum of sixteen (16) square feet (4 feet in width by
4 feet in height) in area shall be posted by the applicant on the site along the
most heavily traveled street adjacent to the subject property. The sign shall be
provided by the applicant The sign shall be constructed of material of
sufficient weight and reasonable strength to withstand normal weather
conditions. The sign shall be lettered and spaced as follows:
i. 'A minimum of two (2) inch border on the top, sides, and bottom of the sign;
y ii. The first line in four (4) inch letters shall read 'NOTICE OF PUBLIC
HEARING
iii. Spacing between all lines shall be a minimum of three (3) inches; and
iv. The text of the sign shall include the following information in three (3) inch
letters:)
1. Proposal:
2. Applicant:
'3. File Number:
4. Hearing: (date & time)
5. Location:
6. Review Authority:
c. Notice by Publication: Publish one notice in an appropriate regional or
neighborhood newspaper or trade journal.
17.40.130 Final Decision
1. Timeline to Make Final Decision - Type I. The Department shall approve, approve with
conditions, or deny a Type I application within 60 calendar days after the date the
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O application was accepted as fully-complete, unless accompanied by a SEPA checklist.
Time spent by the applicant to revise plans or provide additional studies or materials
requested by the City shall not be included in the 60 day period. An applicant may
agree in writing to extend the time in which the Department shall issue a decision. The
Department's decision shall address all of the relevant approval criteria applicable to
the development application.
2. Timeline to Make Final Decision -Type II and III. The final decision on a Type II and III
application shall be made not more than 120 calendar days (90 days for subdivisions)
after the date a fully-complete determination is made. This period shall not include:
a. Time spent by the applicant to revise plans or provide additional studies or
materials requested by the City.
b. Time spent preparing an environmental impact scat m nt.
c. Time between submittal and resolution of an appeal.
d. Any extension of time mutually agreed upon by the applic nt and the City in
writing.
3. Contents of Final Decision. The final decision on Type II and III applications shall
contain the following information:
a. The nature of the application in sufficient detail to apprise persons entitled to
notice of the applicant's proposal and of the decision;
b. The address or other geogra hic description of the subject property, including a
O map of the site in relation to the surrounding'area, where applicable;
c. The date the decision shall become final, unless appealed;
d. A statement that all persons who have standing under SVMC17.50 may appeal
the decision;
e. A• statement iri, boldface type briefly explaining how an appeal can be filed, the
deadline for filing such an appeal, and where further information can be
obtained concerning the appeal;
f. A statement;th~at the complete case file, including findings, conclusions, decisions
and conditions of approval, if any, is available for review. The notice of final
decision shall list the place, days, and times where the case file is available
and\ the name and telephone number of the City representative to contact
aboufrevie'wing the case file;
r
g. A statement of the facts demonstrating how the application does or does not
comply with applicable approval criteria;
h. A statement of the basis of decision pursuant to the SVMC and other applicable
law;
L The reasons for a conclusion to approve, approve with conditions, or deny the
application;
C/
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j. The decision to approve or deny the application and, if approved, conditions of
approval necessary to ensure the proposed development will comply with
applicable law; and
k. The date the final decision is mailed.
4. Notice of the Final Decision. All final decisions shall be sent by regular mail to the
following:
a. The applicant;
b. Any governmental agency entitled to notice;
.c. Any person filing a written request for a copy of the notice of application or the
final decision and
d. Any person who testified at the hearing orwho provided substantive written
comments on the application during,ttie"public comment period and provided a
mailing address.
17.40.140 Type IV Applications - Comprehensive Plan Amendments 'and, . Area- wide
Rezones ` y
1. Initiation. Comprehensive Plan Amend ments'and'"A ea Wide Rezones may be initiated
by any of the following:
a. Property owner(s) or their representatives;
b. Any citizen; agency` neighborhood association, or other party; or
c. The Department, Planning Commission, or City Council.
2. Applications. Application's shall be made on forms provide by the City.
3. Application Submittai:. %J
a. Applicant initiated:\ Comprehensive Plan Amendments and Area-Wide Rezones
shall 'be subject, toga pre-application conference, counter-complete, and fully-
complete determinations pursuant to SVMC 17.40.080, 090, and 100. The
date upon fully-complete determination shall be the date of registration with the
Department
b. Non-applicant initiated: After submittal of a non-applicant initiated application,
the application shall be placed on the register.
4. Register of Comprehensive Plan Amendments and Area-wide Rezones. The
Department shall establish and maintain a register of all applications.
5. Concurrent and Annual Review of Register.
a. Sixty (60) days prior to November 1st in each calendar year, the City shall notify
the public that the amendment process has begun. Notice shall be distributed
as follows:
i. Notice published in an appropriate regional or neighborhood newspaper or
trade journal;
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O ii. Notice posted on all of the City's official public notice boards;
iii. Copy of the notice sent to all agencies, organizations, and adjacent
jurisdictions with an interest.
b. All registered applications shall be reviewed concurrently, on an annual basis
and in a manner consistent with RCW 36.70A.130(2). Applications registered
after November 1st of the previous calendar year and before November 1st of
the current calendar year, shall be included in the annual review. Those
registered after November 1st of the calendar year shall be placed on the
register for review at the following annual review.
c. Emergency Amendments: The City may review and amend the Comprehensive
Plan when the City Council determines that an.emergency exists or in other
circumstances as provided for by RCW 36.70A.130 (2)(a).
6. Notice of Public Hearing. Comprehensive Plan Amendments and Area-Wide Rezones
require a public hearing before the Plan ning.Commission.
a. Contents of Notice. A notice of public hearing shall include the following:-
1
i
i. The citation, if any, of the provision that would be changed by the proposal
along with a brief description of that provision;
ii. A statement of how the proposal woukfchange the affected provision;
iii. A statement of what.areas,.Comprehensive Plan designations, zones, or
locations will be directly affected or changed by the proposal;
iv. The date, time, and place of the public hearing;
V. A statement of the availability of the official file; and
vi. A statement of the right of any person to submit written comments to the
Planning Commission and to appear at the public hearing of the Planning
--.Commission to give oral comments on the proposal.
Cl b. Distribution, of Notice. The Department shall distribute the notice pursuant to
SVMC i7.40.120(2).
7. Planning Commission Recommendation.
a.' f' bcedure./Following the public hearing, the Planning Commission shall
consider.- the applications concurrently, and shall prepare and forward a
recommendation of proposed action for all applications to the City Council.
The Planning Commission shall take one of the following actions:
I. If the Planning Commission determines that the proposal should be
adopted, it may by a majority vote, recommend that the City Council
adopt the proposal. The Planning Commission may make modifications
to any proposal prior to recommending the proposal to City Council for
adoption. If the modification is substantial, the Planning Commission
must conduct a public hearing on the modified proposal.
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ii. If the Planning Commission determines that the proposal should not be _
adopted, it may, by a majority vote, recommend that the City Council not 1
adopt the proposal.
iii. If the Planning Commission is unable to take either of the actions specified
in subsections (i) or (ii) above, the proposal will be sent to City Council
with the notation that the Planning Commission makes no
recommendation.
1
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O 8. Approval Criteria
a. The City may approve Comprehensive Plan Amendments and Area-Wide Zone
Map Amendments if it finds that:
i. The proposed amendment bears a substantial relationship to the public
health, safety, welfare, and protection of the environment;
ii. The proposed amendment is consistent with the requirements of Chapter
36.70A RCW and with the portion of the City's adopted plan not affected
by the amendment;
iii. The proposed amendment responds to a substantial change in conditions
beyond the property owner's control applicable to the area within which
the subject property lies;
iv. The proposed amendment corrects an obvious mapping error, and
v. The proposed amendment.., dr sses an identified ' deficiency in the
Comprehensive Plan.
b. The City must also consider~th e following factors prior to ' approving
Comprehensive Plan Amendments~
i. The effect upon the physical enviro merit;
ii. The effect on open-space', streams, rivers;.andlakes;
iii. The compatibility with and impact on adjacent land uses and surrounding
nfei)gfiboihoods;
jv.~The adequacy, of and impact on community facilities including utilities,
,roads, public transportation; parks, recreation, and schools;
v. Th'e benefit to the neighborhood, City, and region;
vi. The quantity, and location of land planned for the proposed land use type
and density and the demand for such land;
vii. The current and project population density in the area; and
viii. The effect upon other aspects of the Comprehensive Plan.
r
9. City Council Action.
Within sixty (60) days of receipt of the Planning Commission's findings and
recommendations, the City Council shall consider the findings and recommendations of
the commission concerning the application and may hold a public hearing pursuant to
council rules. The Department shall distribute notice of the council's public hearing
pursuant to SVMC 17.40.120(2). All annual amendments to the Comprehensive Plan
shall be considered concurrently. By a majority vote of its membership, the City
Council shall:
a. Approve the application;
b. Disapprove the application;
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c. Modify the application. If the modification is substantial, the council must either
conduct a public hearing on the modified proposal; or
d. Refer the proposal back to the Planning Commission for further consideration.
10. Transmittal to the State of Washington. At least sixty (60) days prior to final action
being taken by the City Council, the Washington State Department of Community,
Trade and Economic Development (CTED) shall be provided with a copy of the
amendments in order to initiate the 60 (sixty) day comment period. No later than ten
(10) days after adoption of the proposal, a copy of the final decision shall be forwarded
to CTED.
17.40.150 Type IV Applications - Text Amendments to the Uniform Development Code
1. Initiation. Text amendments to this code may be initiated by any of the following:
a. Property owner(s) or their representatives;
b. Any citizen, agency, neighborhood association, or other party; or
c. The Department, Planning Commission, or City Council.
2. Applications. Applications shall be made on forms provided by the City.
3. Application Submittal:
a. After submittal of an applicant initiated' application, the application shall be
subject to a. pre-application conference,-counter-complete, and fully-complete J
determination pursuant to SVMC"17.40.080, 090, and 100.
b. After submittal, the application shall be placed on the next available Planning
Commission agenda.
4. Notice of Public Hearing. Amendments. tii_this code require a public hearing before the
Planning Commission.
a. Contents of Notice. A notice of public hearing shall including the following:
i. The citation, if any, of the provision that would be changed by the proposal
along with a brief description of that provision;
ii. A statement of how the proposal would change the affected provision;
j
iii. The-date, time, and place of the public hearing;
iv. A statement of the availability of the official file; and
v. A statement of the right of any person to submit written comments to the
Planning Commission and to appear at the public hearing of the Planning
Commission to give oral comments on the proposal.
b. Distribution of Notice. The Department shall distribute the notice-pursuant to
SVMC 17.40.120(2).
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O 5. Planning Commission Recommendation.
a. Procedure. Following the public hearing, the Planning Commission shall
consider the proposal and shall prepare and forward a recommendation to the
City Council. The Planning Commission shall take one of the following actions:
L If the Planning Commission determines that the proposal should be
adopted, it may by a majority vote, recommend'that the City Council
adopt the proposal. The Planning Commission may make modifications
to any proposal prior to recommending the proposal to City Council for
adoption. If the modification is substantial, the Planning Commission
must conduct a public hearing on the modified proposal
1
ii. If the Planning Commission determines that~ttie proposal should not be
adopted, it may, by a majority vote, recommend that the City Council not
adopt the proposal. ; ✓ l
iii. If the Planning Commission is unable to take either of the actions specified
in subsections (i) or (ii) above; the proposal will 6e+sent to City Council
with the notation that the Planning Commission makes no
recommendation.
6. Approval Criteria. The City may approve amendments to this code if it finds that:
a. The proposed amendment,,is consistent with the applicable provisions of the
Comprehensive Plan;-and--., .
b. The proposed amendment bears a 's b tantial relation to public health, safety,
welfare, and'protection of the~environmerit.
7. City Council. Acti on. Within sixty (6b) days of receipt of the Planning Commission's
findings ands recommendations, they City Council shall consider the findings and
recommendations of the commission concerning the application and may hold a public
hearing pur5uaht, to- council rules. Thee, Department shall distribute notice of the
council's public hearing'pursuant to SVMC 17.40.120(2). By a majority vote, the City
uncil shall:
\ a. Approve.thea ' pplication;
b. Disapprove the application;
Modify the`~application. If modification is substantial, the Council must either
% conduct a public hearing on the modified proposal; or;
d. Refer the proposal back to the Planning Commission for further consideration.
8. Transmittal to the State of Washington. At least 60 (sixty) days prior to final action being
taken by the City Council, the Washington State Department of Community, Trade and
Economic Development (CTED) shall be provided with a copy of the amendments in
order to initiate the 60 (sixty) day comment period. No later than ten (10) days after
adoption of the proposal, a copy of the final decision shall be forwarded to CTED.
17.40.160 Optional Consolidated Review Process
1. Optional Consolidated Review Process. This optional process provides for the
consideration of all discretionary land use, engineering, and environmental permits
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issued by the City if requested in writing from the applicant- Permit decisions of other
agencies are not included in this process; but public meetings and hearings for other f
agencies may be coordinated with those of the City. Where- multiple approvals are
required for a single project, the optional consolidated review process is composed of
the following,
a. Pre-application Meeting- A single pre-application meeting will be conducted for
all applications submitted under the optional consolidated review process.
b- Determination of Completeness- When a consolidated application is deemed
complete a consolidated determination of completeness will. be made pursuant
toVM 17.40. 100.
c- Notice of Application. When a consolidated application is deemed complete, a
consolidated notice of application will be issuedpursuant to the provisions of
VMC 17.40,110,
d- Comment Period. The consolidated is p ibation shall provide for one comment
period for all permits included in the'c6nsolidated application;,.
e. The City will issue a decision(s)fir,Type I or Type kl permitsprior to scheduling
a public hearing for any co ,,,Type III _pe~mit. Appeals of administrative
permits that are part of a consolidated application will be heard in a single,
consolidated open-record appeal hearing,bafvre the Hearing Examiner on the
same agenda as the corr'rpanlon Type IIC' pplioabon-
f, Notice of Public Hearing A single-nouce of ~ublic~hearing will be provided for
consolidated permit applications The. notice will i nclurle the Type II I permit to
be heard ar d• any open record-. appeals pf. administrative portions of the
consoliated application. -
g- Notrbe`of Decision.,.'.~The l-leariNg' Examiner shall issue a single notice of decision
regarding all Type°.I,,and Type, II appeals and all Type kkl project permit
applications subject"to a pubC~c wring.
17.50 Ap-peal
17.60:419 General.
~f.
Appeals and Jurisdiction. All final decisions shall be appealed to the authority sat forth
fn'~ VM Table 17:.50-1 below. Specific procedures followed by the Planning
Commission, Hearing. Examiner, and City Ccuncil are set forth in Appendix B.
Table 17.504-:' pcisionfAppeal Authority
Cana Use anti Development Appeal Autiiority
decisions `
Type I and II Decisions Hearing Examiner (VMO 17,60.030);
further appeal to upeMor Court (RCW
36,700)
Building Permits (-fearing Examiner (VMC 17,50.030);
further appeal to uperfer Court (RCW
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Land Use 'and Development ;Appeal'Authorrtyt
Decis~u.ns ,
r •4'
Type II I decisions except zoning Superior Court (RCW 38.700)
map amendments
Type III zoning map City Council (SVMC 17,61}.060);further
amendments appeal to Superior Court (RCW 36,700)
Type IV decisions Superior Court
Patters subject to review Growth rnanagernent hearing board
pursuant to RC 36-70A,020
u~f,x
Shoreline development permits Shoreline Hearings Board (RCW
90.58.160)
Compliance and enforcement Appeal_, utiiority .wF
decisions (SVM 17,60);
Notice and order of violation „Hearing Examiner''`( VMC 17.60-030),
further appeal to Superior court
17.50.020 Effective Date of Final Decisions`
1. Type I final decisions and building permits bemrp.e, effective on the day after the appeal
period expires unless an appea_I 5 filed, in hi6 case the .procedures of SVMC 17.50
Oall apply. The applicant ar 'aw46r.have the ngr;t tp waive their appeal rights, and in
% such oases where a waiver isysubrrii4p)In writing bb,.the 1) epartment, the Type
O decision is considered final on the day it s:sigh ed,by the Director or designee or on the
day the waiver is approved, whichQ"Yer is later, unless a party other than the applicant.
owner has stariding'tn appeal, 'f
2- Type 11, ill and IV tirial decisions become effective on the day after the appeal period
expires, unless an appea(iis .filed, in which case the procedures of BVMC 17.50 shall
. ,r~
apply.
17,50-030 f tandin-11
1 w Type I decision ;'The following parties have standing to appeal a Type I decision;
a. The applicant and the owner of the property to whom the decision is directed;
and
N, The adjacent property owners whose interest are a required part of the
application`' approval.
2 TvDe I I decision:: TThe fallowing parties have standing to appeal a Type II decision:
a. The applicant and owner of the property to whom the decision is directed;
b. Any party for wham written notice is required-,
c. Any other party who participates in the decision process through the submit al of
substantive written comments.
3- Tye III decision- The following parties have standing to appeal a Type 111 decision.
a. The applicant and the owner of the property to whom the decision is directed;
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b. Any other person aggrieved or adversely affected by the decision, or who would
be aggrieved or adversely affected by a reversal or modification of the
decision. A person is aggrieved or adversely affected within the meaning of
these rules only when all of the following conditions are present:
I. The decision has prejudiced or is likely to prejudice that person;
ii. That person's asserted interests are among those that the Hearing
Examiner was required to consider when the decision was made;
iii. A reversal or modification of the decision in favor of that person would
substantially eliminate or redress the prejudice,to that person caused or
likely to be caused by the decision; and
iv. The appellant has exhausted his or her administrative remedies by being
a party of record to the decision below, A F party of record' means a
person who appeared at the public hearing` held by the Hearing
Examiner, or who submitted substantive writtencomments in the matter
prior to the closing of the record, for the hearing.
c. The Director.
4. Type IV Decisions. Type IV decisions are legislative decisions and may be appealed to
the Growth Management Hearings Board or a court of competent jurisdiction as
allowed by law.
5. Compliance and enforcement ~decisions The following parties have standing to appeal a
compliance and enforcement decision'.-
a. The party or owner of propert'y,,subject'to an appeal
b. The complainant if a written request is made to be notified of the City's response
to the complaint filed by the complainant
17.50.040 Time for and Contents of an Appeal to the Hearing Examiner
1./.6hpeal to Hearing Examiner. Any appeal to the Hearing Examiner must be received no
later than 14 calendar days after written notice of the decision is mailed. Receipt of a
complete appeal~submittal' shall stay the original decision until a final decision on the
appeal has been reached. The appeal shall include:
a.,The case number designated by the City and the name of the applicant;
b. The, name and signature of each petitioner or their authorized representative and
a statement showing that each petitioner has standing to file the appeal under
this chapter. If multiple parties file a single petition for review, the petition shall
designate one party as the contact representative;
c. The specific decision and specific portions of the decision or determination being
appealed, and the specific reasons why each aspect is in error as a matter of
fact or law;
d. Evidence that the specific issues raised on appeal were raised during the period
in which the record was open; and
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e. The appeal fee as identified in SVMC 17.70. The fee may be refunded either
wholly or partially only if the appellant requests withdrawal of the appeal in
writing at least 14 calendar days before the scheduled appeal hearing date.
17.50.050 Appeal Review Process for Hearing Examiner
1. Appeal Review Process.
a. All complete appeals submitted and allowed pursuant to these rules shall be
scheduled for review at a public hearing before the Hearing Examiner within 90
calendar days from the date of submission. Further extensions are permitted
upon mutual agreement of the appellant, the applicant, and the Department.
b. Notice of the appeal hearing shall be mailed to the applicant and the appellant, if
different than the applicant. `
17.50.060 Hearing Examiner Appeal Hearing Procedures
1. Hearing Procedures. All appeals to the Hearing Examiner shall be conducted in the
manner set forth in Appendix B/
2. Scheduling of Hearings.
a. The Department, in coordination w6'the• Hearing Examiner, shall prepare an
official agenda indicating the dates and"times that matters will be heard. The
official agenda shall comply with all time limitsset forth in RCW 36.706.110.
O b. When practical, minor applications such as a variance or matters that take less
time shall-,b-e-- heard at the beginning of the day's agenda. c. The Hearing
Examiner may consolidate applications involving the same or related properties
for healing.
3. Notice of Headng-Effect of Notice.
a. Each public notice required for,tiie hearing of an application shall conform to
applicable statutory and ordinance requirements. The notice should contain a
statement that,the hearing will be conducted in the manner set forth in
Appendix B. mot.
b. Failure of a, person "entitled to notice to receive notice does not affect the
jurisdiction of the Hearing Examiner to hear the application when scheduled
and render a decision, if the notice was properly mailed and posted.
c. A person is deemed to have received notice if the person appears at the hearing,
or submits written comments on the merits of the application, and the person
fails to object to the lack of notice promptly after the person obtains actual
knowledge of the hearing date.
d. If required notice is not given and actual notice is not received, the Hearing
Examiner may reschedule the hearing or keep the record open on the matter to
receive additional evidence.
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4. Staff Reports on Applications
a. The Department shall coordinate and assemble the comments and
recommendations of other City departments and commenting agencies, and
shall make a written staff report to the Hearing Examiner on all applications.
b. At least seven calendar days prior to the date of the scheduled public hearing,
the staff report shall be filed with the office of the Hearing Examiner and mailed
by first class mail or provided to the applicant. At such time, the Department
shall also make the report available for public inspection. Upon request, the
Department shall provide or mail a copy of the report to any requesting person
for the cost of reproduction and mailing.
c. If the staff report is not timely filed or fu mished;:tt~e' Hearing Examiner may at
hislher discretion continue the hearing, considering the prejudice to any party
and the circumstances of the case.
d. The Hearing Examiner may make recommendations to the,Department on the
format and content of staff reports submitted to the Hearing,Examiner.
5. Site Inspections.
a. The Hearing Examiner may make site inspections, which may occur at any time
after the staff report on :an application has been filed with the Hearing Examiner
and before the examine. renders a final decision. The Hearing Examiner need
not give notice of the intention to, make an inspection.
b. The inspection and the information obtained from it shall not be construed as
new evidence or evidence outside the recorill'- If an inspection reveals new and
unanticipated information, the,Hearing Examiner may upon notice to all parties
of record request written response to such information or reopen the hearing to
consider the information.
17.50.070 Time for and contents of an Appeal to the City Council
All appeals to'the City Council shall be closed record appeals and shall follow the procedures and
conduct as set forth below:
1:: Appeals of the Hearing Examiner's decision to the City Council must be:
a. Filed with the City Cleric within fourteen (14) calendar days from the date the
final decision of the Hearing Examiner was mailed;
b. Accomp nied by the appeal fee identified by SVMC 17.70;
c. Accompanied by the separate transcript/record deposit fee identified by SVMC
17.70; and
d. Submitted on a form obtained from the City Clerk.
2. The appeal form submitted by the appellant shall contain the following information:
a. The file number and a copy of the decision;
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b. The name and mailing address of the appellant, the name and mailing address
of the appellant's attomey, if any, and the name of the applicant if different than
the appellant;
c. Facts demonstrating that the appellant has standing to appeal;
d. A separate and concise statement of each error alleged to have been
committed;
e. A separate and concise statement of facts upon which the appellant relies to
sustain the statement of error; and
f. A request for relief, specifying the type and extent of. relief requested.
3. Upon receipt of the written appeal form and paymenf of the appeal fee, the City Clerk-
shall forward a copy of the appeal and the transcriptlrecord'deposit fee to the Hearing-
Examiner. , f
4. The appeal shall be dismissed by the City Council it
a. It is filed by a person without staridirig to appeal;'.
b. The City Council does not have jurisdiction to hear the appeal;
c. It is not timely filed;
d. The appeal fee or the transcnpt/rec\rd deposit fee was not timely paid;
e. The appellant failed to timely pay.the'co`sts'nurred by the Hearing Examiner in
preparing the verbatim transcrpt and certified record, after being billed for such
COStS;,Or
f. It is'notlfiiled in accorclance with t procedures set forth in these rules.
V
All motions,to dismiss a defective appeal shall be filed within fifteen (15) calendar days from the
filing date of the appeal, except for a dismissal under item (4)(e), above. The City Council may
dismiss an appeal under item (4)(e), above, upon receiving written notification from the Hearing
Examiner that the appellant, failed to timely pay the costs incurred by the Hearing Examiner for
the appeal after being billed for such costs.
5. The Hearing Examiner shall have thirty (30) calendar days from the filing date of the
appeal' to prepare a verbatim transcript of the hearing before the examiner and a
certified copy of:the documents in the record, and to bill the appellant for the costs
incurred. The City Council may authorize a longer time, at the Hearing Examiner's
request, for unusually large records or transcripts.
a. If the Hearing Examiner, the appellant, and the applicant (if different than the
appellant), agree, or upon order of the City Council, the verbatim transcript
and/or record may be shortened or summarized to avoid reproduction or
transcription of portions of the record that are duplicative or irrelevant to the
issues raised by the appeal.
b. Upon completion of the transcript and record, the examiner shall bill the
appellant for all costs incurred by the Hearing Examiner in preparing the
verbatim transcript and certified record. The appellant shall pay the balance
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above and beyond the deposit fee within seven (7) calendar days from the date
the bill was mailed or provided to the appellant.
c. Upon the appellants payment of the bill for the cost of the transcript and record,
the Hearing Examiner shall, by the next business day, deliver a copy of the
appeal, verbatim transcript, and certified record to the City Clerk. The Hearing
Examiner shall also provide to the City Clerk a list of the names and mailing
addresses of the applicant and the parties of record to the hearing before the
Hearing Examiner.
d. The City Clerk will furnish copies of the transcript and record to the applicant, if
different than the appellant, all members of the City Council, and the City
Attorney. The Hearing Examiner, upon request, will furnish copies of the
transcript and record to the appellant, the applicant (if the same as the
appellant), and other entities that may request one at the cost of reproduction.
e. If the City Council dismisses the appeal, on procedural grounds, the appellant
shall reimburse the Hearing Examiner for the balance of the costs incurred by
the Hearing Examiner in preparinglthe transcript and record as of the date of
the dismissal, if any.
17.50.080 Appeal Review Process for City Council
1. The City Council, at its next regular meeting following receipt of the transcript and record
from the Hearing Examiner, will schedule a closed record hearing on the appeal.
a. The City Council shall schedule the' appeal hearing no sooner than thirty (30)
calendar days from the date the transcript and record were received from the
Hearing Examiner.
b. The .City" Council, may approve: a later hearing date upon agreement of the
applicant.
c. The appellant, o a paity of,-record in'opposition to the appeal, may provide input
as to the h-ea nng date only in person at the meeting, or by submitting a letter to
the City C16' rior to the meeting.
d. The City Cleric shall mail notice of the time, place and date of the hearing to the
appellant; the applicant (if different than the appellant), and all parties of record
to the hearing before the Hearing Examiner within five (5) calendar days from
the date the appeal hearing was scheduled.
e. Closed record appeals before the City Council shall be concluded within sixty
(60) days from the date the transcript and record are received by the City
Clerk, unless the applicant agrees in writing to a longer period.
17.50.090 City Council Appeal Hearing Procedures
All appeals to the City Council shall be conducted in the manner set in Appendix B.
17.60 Compliance and Enforcement
17.60.010 Purpose and Scope
This chapter sets forth the enforcement procedures for violations of the following: 1
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O 1. Nuisances (SVMC 7.05)
2. Violations of any provisions of the Uniform Development Code (SVMC Titles 17-25)
17.60.030 Relationship to Growth Management Act '
This article is adopted as development regulations pursuant to Chapter 36.70A RCW (Growth
Management Act).
17.60.040 Enforcement, Authority, and Administration
1. In order to discourage public nuisances and otherwise„ promote compliance with
applicable code provisions, the City may, in response to, field observations or reliable
complaints, determine that violations of this title have occurred or are occurring, and
_ may'
a. Enter into voluntary compliance agreementsrwith per§ooons responsible for code
violations, :
I
b. Issue notice and orders, assess civil, penalties, and recover costs as authorized
by this article;
c. Require abatement by means of• a' judicial ' abatement order, and if such
abatement is not timely_completed by the person or persons responsible for a
code violation, undertake the abatement. and charge the reasonable costs of
such work as authorized by'this article;
d. Allow a person responsible for the.lode-violation td perform community service
a in lieu of paying civil penalties as a thoriied\by this article;
e. Order wok stopped at a site by means of a stop work order, and if such order is
not complied with, assesses civil penalties as authorized by this article;
f. Suspend,. revoke, or modify any permit previously issued by the City or deny a
permit application as authorized by this article when other efforts to achieve
X - .-dpliande have failed; and
g. Forward_a\written statement providing all relevant information relating to the
violation 'to the office, of the City Attorney with a recommendation to prosecute
willful and kno wing violations as misdemeanor offenses.
2.• The procedures set forth in this article are not exclusive. These procedures shall not in
any manner limit -or restrict the City from remedying or abating violations of this title in
any othermanne'ri'authorized by law.
U
3. In addition to, or as an alternative to, utilizing the procedures set forth in this article, the
City may seek legal or equitable relief to abate any conditions or enjoin any acts or
practices which constitute a code violation.
4. In addition to, or as an alternative to, utilizing the procedures set forth in this article, the
City may assess or recover civil penalties accruing under this article by legal action
filed in Spokane County district court by the office of the City Attorney.
5. The provisions of this article shall in no way adversely affect the rights of the owner,
lessee, or occupant of any property to recover all costs and expenses incurred and
required by this article from any person causing such violation.
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6. In administering the provisions for code compliance, the City shall have the authority to
waive any one or more such provisions so as to avoid substantial injustice by
application thereof to the acts or omissions of a public or private entity or individual, or
acts or omissions on public or private property including, for example, property
belonging to public or private utilities, where no apparent benefit has accrued to such
entity or individual from a code violation. Any determination of substantial injustice shall
be made in writing supported • by appropriate facts. For purposes of this subsection,
substantial injustice cannot be based exclusively on financial hardship.
7. The City may, upon presentation of proper credentials, with the consent of the owner or
occupier of a building or premises, or pursuant to a lawfully, issued court order, enter at
reasonable times any building or premises subject to the;-onsent or court order to
perform the duties imposed by this article. It is the intent.-of the City Council that any
entry made to private property for the purpose of, inspection for code violations be
accomplished in strict conformity with constitutional and statutory constraints on entry,
and the holdings of the relevant court cases regarding entry. The right of entry
authorized by this article shall not supersede those legal constraints.
8. The City may request that the police, appropriate fire district, Spokane. Regional Health
District, or other appropriate City department or other non-city agency assist in
enforcement
17.60.050 Guidelines for Departmental Responses to Complaints
City representatives are authorized to, determine, based upon past complaints regarding a
property, subsequent field investigations, and other- relevant criteria, whether a complaint is
reliable. If the City determines a complaint is not reliable; the City is not obligated to conduct a 1
field investigation.
17.60.060 Procedures when Proliab'te Violation is Identified
1. The City shall' determine. based upon information derived from sources such as field
observations,"the,statements.of•witnesses relevant documents, and data systems for
tracking violations and•applicabl& City,codes and regulations, whether or not a violation
has occurred,. As soon, as the City has reasonable cause to determine that a violation
has occurred, the violation shall be documented and the person responsible for the
code violations promptly notified.
2. Except as provided in subsection 4 of this section, a warning shall be issued verbally or
in writing promptly when a field inspection reveals a violation, or as soon as the City
otherwise determines a violation has occurred. The warning shall inform the person
determined to be responsible for a code violation of the violation and allow the person
an opportunity to correct it or enter into a voluntary compliance agreement as provided
for by this article. Verbal warnings shall be logged and followed up with a written
warning within five days, and the site shall be re-inspected within 14 days.
3. No warning need be issued in emergencies, repeat violation cases, cases that are
already subject to a voluntary compliance agreement, cases where the violation
creates or has created a situation or condition that is not likely to be corrected within 72
hours, cases where a stop work order is necessary, or when the person responsible for
the code violation knows, or reasonably should have known, that the action was a code
violation.
4. Notice and orders should be issued in all cases in which a voluntary compliance
agreement has not been entered.
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5. The City shall use all reasonable means to determine and proceed against the person(s)
actually responsible for the code violation occurring when the property owner has not
directly or indirectly caused the violation.
6. If the violation is not corrected, or a voluntary compliance agreement is not entered into
within 15 days of notification by the City, a notice and order or stop work order should
be issued. Stop work orders should be issued promptly upon discovery of a violation in
progress.
17.60.070 Service - Notice and Order and Stop Work Order
1. Service of a notice and order shall be made on a person responsible for code violation
by one or more of the following methods:
a. Personal service of a notice and order may be made 'on, the person identified by
the City as being responsible for the code violation; or by leaving a copy of the
notice and order at the person's house of usual abode with a person of suitable
age and discretion who resides there;
b. Service directed to the landowrier;andd//or occupant of the property may be made
by posting the notice and order in a. conspicuous place on the property where
the violation occurred and concurrent y. mailing notice as provided for below, if
a mailing address is available; or
c. Service by mail may be, made for a notioe,;and order by mailing. two copies,
postage prepaid, one by ordinary first class mail,,and the other by certified mail,
to the person responsible for the code violation at his or her last known
address; . atthe address of the violation, or at the address of the place of
busin_ of" the person responsible for the code violation. The taxpayer's
address as shown on the tax records of Spokane County shall be deemed to
be the' proper address for the purpose of mailing such notice to the landowner
of the property where. the violation occurred. Service by mail shall be presumed
effective,upom the4ird business day following the day upon which the notice
and order was placed in the mail.
2. For notice and orders.only, when the address of the person responsible for the code
violation cannot lye reasonably determined, service may be made by publication once
in an appropnate-regional:,or, neighborhood newspaper or trade journal. Service by
publication shall conform to✓the requirements of Civil Rule 4 of the Rules for Superior
Court.
3. Service of a.stop work order on a person responsible for a code violation may be made
by posting the stop work order in a conspicuous place on the property where the
violation occurred or by serving the stop work order in any other manner permitted by
this article.
4. The failure of the City to make or attempt service on any person named in the notice of
violation, notice and order, or stop work order shall not invalidate any proceedings as to
any other person duly served.
17.60.80 Training and Rulemaking
The City shall adopt procedures to implement the provisions of this article, and specifically the
guidelines set out in this article describing reasonable and appropriate protocols for investigating
code violations.
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17.60.090 Obligations of Persons Responsible for Code Violation
1. It shall be the responsibility of any person identified as responsible for a code violation
to bring the property into a safe and reasonable condition to achieve code compliance.
Payment of civil penalties, applications for permits, acknowledgement of stop work
orders, and compliance with other remedies does not substitute for performing the
corrective work required and having the property brought into compliance to the extent
reasonably possible under the circumstances.
2. Persons determined to be responsible for a code violation pursuant to a notice and
order shall be liable for the payment of any civil penalties and abatement costs;
provided, however, that if a property owner affirmatively, demonstrates that the action
which resulted in the violation was taken without the owner's knowledge or consent by
someone other than the owner or someone acting,,on the,,ownees behalf, that owner
shall be responsible only for bringing the property/into compliance to the extent
reasonably feasible under the circumstances. Should the ;'owner not correct the
violation, only those abatement costs necessary to bring the property into a safe and
reasonable condition, as determined by the City, shall be assessed by the City. No civil
penalties shall be assessed against such`an owner or his or her property interest.
17.60.100 Determination of Compliance
After issuance of a warning, voluntary compliance agreement, notice and order, or stop work
order, and after the person(s) responsible for a_violation has come into compliance, the City shall
issue a written determination of compliance:-TKe-.City shall mail.copies of the determination of
compliance to each person originally named iri-th® waming,'voluntary compliance agreement,
notice and order, or stop work order, as well,as the: complainant, by certified mail, five-day return
receipt requested.
17.60.110 Voluntary Compliance Agreement.- Authority
1. Whenever the City determines that a code violation has occurred or is occurring, the
City shall make reasonable efforts to secure voluntary compliance from the person
responsible for the code violation. Upon contacting the person responsible for the code
' violation, the City may enter into a voluntary compliance agreement as provided for in
this article.
2. A, voluntary compliance agreement may be entered into at any time after issuance of a
verbal or written warning, a notice and order, or a stop work order and before an appeal
is decided.
3. Upon entering into,a'voluntary compliance agreement, a person responsible for a code
violation' waives-the right to administratively appeal, and thereby admits that the
conditions described in the voluntary compliance agreement existed and constituted a
code violation.
4. The voluntary compliance agreement shall incorporate the shortest reasonable time
period for compliance, as determined by the City. An extension of the time limit for
compliance or a modification of the required corrective action may be granted by the
City if the person responsible for the code violation has shown due diligence or
substantial progress in correcting the violation, but circumstances render full and timely
compliance under the original conditions unattainable. Any such extension or
modification must be in writing and signed by the authorized representative of the City
and person(s) who signed the original voluntary compliance agreement.
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5. The voluntary compliance agreement is not a settlement agreement.
17.60.120 Voluntary Compliance Agreement- Contents
The voluntary compliance agreement is a written, signed commitment by the person(s)
responsible for a code violation in which such person(s) agrees to abate the violation, remediate
the site, and/or mitigate the impacts of the violation. The voluntary compliance agreement shall
include the following:
1. The name and address of the person responsible for the code violation;
2. The address or other identification of the location of the violation;
3. A description of the violation and a reference to the provision(s) of the ordinance,
resolution or regulation which has been violated;
4. A description of the necessary corrective action to betake and identification of the date
or time by which compliance must be completed;
5. The amount of the civil penalty that will be imposed if the \ luntary compliance
agreement is not satisfied;
6. An acknowledgement that if the City determines' that the terms of the voluntary
compliance agreement are not met, the City may, without issuing a notice and order or
stop work order, impose any remedy, authorized by this article, enter the real property
and perform abatement of the violation by the City, assess the costs incurred by the
City to pursue code compliance and to abate the violation, including reasonable legal
O fees and costs, and the suspension, revocation or limitation of a development permit
obtained or to be sought by the person responsible for the code violation;
7. An acknowledgement that if a penalty is assessed, and if any assessed penalty, fee or
cost is not paid, the City~ma'y charge the unpaid amount as a lien against the property
where th(~code violation,'occurred if owned by the person responsible for the code
violation, and'that the unpaid"amount may, be a joint and several personal obligation of
all persons responsible for the violatio.n;-)~
8: An acknowledgeme t t at by entering into the voluntary compliance agreement, the
person responsible for Ithe code violation thereby admits that the conditions described
in the voluntary compliance agreement existed and constituted a code violation; and
9. An acknowledgement that the person responsible for the code violation understands
that he or she has the right to be served with a notice and order, or stop work order for
any violation identified in the voluntary compliance agreement, has the right to
administratively, appeal any such notice and order or stop work order, and that he or
she is knowingly and intelligently waiving those rights.
17.60.130 Failure to Meet Terms of Voluntary Compliance Agreement
1. If the terms of the voluntary compliance agreement are not completely met, and an
extension of time has not been granted, the authorized representatives of the City may
enter the real property and abate the violation without seeking a judicial abatement
order. The person responsible for code compliance may, without being issued a notice
and order or stop work order, be assessed a civil penalty as set forth by this article,
plus all costs incurred by the City to pursue code compliance and to abate the violation,
i and may be subject to other remedies authorized by this article. Penalties imposed
U when a voluntary compliance agreement is not met accrue from the date that an appeal
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of any preceding notice and order or stop work order was to have been filed or from the
date the voluntary compliance agreement was entered into if there was not a preceding i
notice and order or stop work order.
2. The City may issue a notice and order or stop work order for failure to meet the terms of
a voluntary compliance agreement.
17.60.140 Notice and Order - Authority
When the City has reason to believe, based on investigation of documents and/or physical
evidence, that a code violation exists or has occurred, or that the terms of a voluntary compliance
agreement have not been met, the City is authorized to issue a notice and order to any person
responsible for a code violation. The City shall make a determination whether or not to issue a
notice and order within 30 days of receiving a complaint alleging a violation or otherwise
discovering that a violation may potentially exist, or within 10 days, of the end of a voluntary
compliance agreement time period which has not been met. Subsequent complaints shall be
treated as new complaints for the purposes of this article,.
17.60.150 Notice and Order - Effect
1. A notice and order represents a determination that a;violation has occurred, that the
parry to whom the notice is issued is a person responsible for a code violation, and that
the violations set out in the notice and order~re 16ire "the assessment of penalties and
other remedies that maybe specified in the notice and order.
2. The City is authorized to impose civil, penalties upon, , a.determination by the City that a
violation has occurred pursuant to a notice and. order.,
3. Issuance of a notice and' order in no way, limits the City's authority to issue a stop work ~j
order to a person previously cited through the notice and order process pursuant to this
article.
17.60.160 Notice and,Order- Contents--
.
The notice and order shall contain the following information:
1. The address, when available, or location of the violation;
2. A legal description of the real property or the Spokane County tax parcel number where
the violation occurred or is located, or a description identifying the property by
commonly used locators;
3. A statement that the City has found the named person(s) to have committed a violation
and a brief description of the violation(s) found;
4. A statement of the specific provisions of the ordinance, resolution, regulation, public
rule, permit condition, notice and order provision, or stop work order that was or is
being violated;
5. A statement that a civil penalty is being assessed, including the dollar amount of the civil
penalties per separate violation, and that any assessed penalties must be paid within
20 days of service of the notice and order,
6. A statement advising that any costs of enforcement incurred by the City shall also be
assessed against the person to whom the notice and order is directed;
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7. A statement that payment of the civil penalties assessed under this article does not
relieve a person found to be responsible for a code violation of his or her duty to correct
the violation and/or to pay any and all civil penalties or other cost assessments issued
pursuant to this article;
8. A statement of the corrective or abatement action required to be taken and that all
required permits to perform the corrective action must be obtained from the proper
issuing agency;
9. A statement advising that, if any required work is not commenced or completed within
the time specified by the notice and order, the City may proceed to seek a judicial
abatement order from Spokane County superior court to abate the violation;
10. A statement advising that, if any assessed penalty, fee,6r.,'6 st is not paid on or before
the due date, the City may charge the unpaid amount asa lien against the property
where the code violation occurred if owned by a person responsible for a violation, and
as a joint and several personal obligation of all persons responsible for a code violation;
11. A statement advising that any person named in the notice and-order, or having any
record or equitable title in the property, against which the notice andorder is recorded
may appeal from the notice and order. to the Hearing Examiner within40 days of the
date of service of the notice and order;
12. A statement advising that a failure to correct the violations cited in the notice and order
could lead to the denial of subsequent Spokane Valley permit applications on the
subject property;
13. A statement advising that a failure to appeal, the notice and order within the applicable
time limits renders the notice and\orde a final`-determination that the conditions
described in the notice and order existed and constituted a violation, and that the
named party is liable as a person responsible for a violation;
14. A statement advising the person responsible for a code violation of his/her duty to notify
the City of any actions taken to achieve compliance with the notice and order; and
15.:A statemnet advising that a willful and knowing violation may be referred to the Office of
the City Attorney for prosecution.
17.60:170 Notice and Order _ Supplementation, Revocation, Modification
1. The,City may add to,,-revoke in whole or in part, or otherwise modify a notice and order
by issuing a written supplemental notice and order. The supplemental notice and order
shall be governed~by the same procedures and time limits applicable to all notice and
orders contained' in this article.
2. The City may issue a supplemental notice and order, or revoke a notice and order
issued under this article:
a. If the original notice and order was issued in error,
b. Whenever there is new information or change of circumstances; or
c. If a party to an order was incorrectly named.
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17.60.180 Notice and Order - Administrative Conference -
1
An informal administrative conference may be conducted by the City at any time for the purpose
of facilitating communication among concerned persons and providing a forum for efficient
resolution of any violation. Interested parties shall not unreasonably be excluded from such
conferences.
17.60.190 Notice and Order - Remedies - Suspension, Revocation, or Limitation of Permit
1. The City may suspend, revoke, or modify any permit issued by the City whenever
a. The permit holder has committed a violation in the course of performing activities
subject to that permit;
b. The permit holder has interfered with the authorized representatives of the City
in the performance of his or her duties related to that permit;
2. The permit was issued in error or on the/.basis of matenally, iin information
supplied to the City;
3. Permit fees or costs were paid to the City by check and retumed' f or m a financial
institution marked non-sufficient funds (NSF),or canceled; or
4. For a permit or approval that is.subject to sens ve a ea review, the applicant has failed
to disclose a change of circumstances on the,development proposal site which
materially affects an applicant's,. ability, to meet the 'permit or approval conditions, or
which makes inaccurate the sensitive area study that was the basis for establishing
permit or approval conditions.
a. Such suspension,, revocation, or modification shall be carried out through the
notice; and order i provisions: of this article and shall be effective upon the
compliance date) established'; by the notice and order. Such suspension,
revocation, or modification maybe appealed to the Hearing Examiner using the
appeal provisions 'of this:article.
5. Notwithstanding any other provision of this article, the City may immediately suspend
operations under any permit by issuing a stop work order.
17.60.200 Notice and Order - Remedies - Denial of Permit
1. TheCity may deny'a permit when, with regard to the site or project for which the permit
is submitted:
a. Any' person owning the property or submitting the development proposal has
been found in violation of any ordinance, resolution, regulation, or public rule of
the City that regulates or protects the public health, safety and welfare, or the
use and development of land and water; and/or
b. Any person owning the property or submitting the development proposal has
been found in violation and remains in violation of the conditions of any permit,
notice and order, or stop work order issued pursuant to any such ordinance,
resolution, regulation, or public rule.
2. In order to further the remedial purposes of this article, such denial may continue until
the violation is cured by restoration, accepted as complete by the City, and by payment
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O of any civil penalty imposed for the violation, except that permits or approvals shall be
granted to the extent necessary to accomplish any required restoration or cure.
17.60.210 Notice and Order - Remedies - Abatement
In addition to, or as an alternative to, any other judicial or administrative remedy, the City may use
the notice and order provisions of this article to order any person responsible for a code violation
to abate the violation and to complete the work at such time and under such conditions as the
City determines reasonable under the circumstances. If the required corrective work is not
commenced or completed within the time specified, the City may seek a judicial abatement order
pursuant to this article.
17.60.220 Stop Work Order - Authority
The City is authorized to issue a stop work order to a person responsible for a code violation.
Issuance of a notice and order is not a condition precedent to.the issuance of the stop work order.
17.60.230 Stop Work Order- Effect
1. A stop work order represents a determination that a code violation has occurred or is
occurring, and that any work or activity;th'at caused,.-' is causing or contributing to the
violation on the property where the violation,_has occurred, or is occurring,, rust cease.
2. A stop work order requires the immediate"sation of the specified work or activity on
the named property. Work`activity, may not resU a unless specifically authorized in
writing by the City.
3. A stop work order may be appealed according to the procedures prescribed in this
article.
4. Failure to appeal the stop work order within 20 days renders the stop work order a final
determination that the civil code violation. occurred and that work was properly ordered
to cease.
5. A stop work, order may be enforced by the City police.
4 .
17.60.240 Stop Work Order- Remedy - Civil Penalties
1. In addition to any, other judicial or administrative remedy, the City may assess civil
penalties for the violation of any stop work order according to the civil penalty schedule
established in SVMC~17.60.260.
2. Civil penalties for the violation of any stop work order shall begin to accrue on the first
day the stop work order is violated and shall cease accruing on the day the work is
actually stopped.
3. Violation of a stop work order shall be a separate violation from any other code violation.
17.60.250 Stop Work Order - Remedy - Criminal Penalties
In addition to any other judicial or administrative remedy, the City may forward to the office of City
Attorney a detailed factual background of the alleged-violation with a recommendation that a
misdemeanor charge be filed against the person(s) responsible for any willful violation of a stop
work order.
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17.60.260 Civil Penalties - Assessment Schedule -
1. Civil penalties for code violations shall be imposed for remedial purposes and shall be
assessed for each violation identified in a notice of violation, notice and order, or stop
work order, pursuant to the following schedule:
a. Notice and orders and stop work orders:
b. Basic initial penalty: $500.00
2. Additional initial penalties may be added where there is:
a. Public health risk - amount depends on severity: $0~2 500
b. Environmental damage - amount depends on,seyerity: $0 - 2,500
c. Damage to property - amount depends on verity: $0` 2,500
d. History of similar violations (less than three): $500 e. History of similar violations (three o(more): $2,500
f. Economic benefit to person responsible for, violation: $5,000
3. The above penalties may be offset by,the following compliance:
a. Full compliance with a voluntary'compliance agreement with prior history of zero
to one similar violations:`$\\0,- 1,500.00\ \I
b. Full compliance with a volu tary pliance'ag eement and a history of two or
more prior similar violations: $0 - 500.00
4. The total initial: penalties assessed for notice and orders and stop work orders pursuant
to this article' shall apply- for the first, 30dday period following issuance of the order,
unless another time period is specified in a voluntary compliance agreement.
5.~dvil penalties shall be paid within 20 days of service of the notice and order or stop
work order if~noVappealed. Payment of the civil penalties assessed under this article
does not relieve a. person found to be responsible for a code violation of his or her duty
to~-correct the violation andlor to pay any and all civil penalties or other cost
assessments issued pursuant to this article.
~ a
6. The City may suspend civil penalties if the person responsible for a code violation has
entered into ,voluntary compliance agreement. Penalties shall begin to accrue again
pursuant to the terms of the voluntary compliance agreement if any necessary permits
applied for are denied, canceled or not pursued, if corrective action identified in the
voluntary compliance agreement is not completed as specified, or if the property is
allowed to return to a condition similar to that condition which gave rise to the voluntary
compliance agreement
7. Civil penalties assessed create a joint and several personal obligations in all persons
responsible for a code violation.
8. In addition to, or in lieu of, any other state or local provision for the recovery of civil
penalties, the City may file for record with the Spokane County auditor to claim a lien
against the real property for the civil penalties assessed under this article if the violation
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was reasonably related to the real property. Any such lien can be filed under this article
if, after the expiration of 30 days from when a person responsible for a code violation
receives the notice and order or stop work order (excluding any appeal) and any civil
penalties remain unpaid in whole or in part.
17.60.270 Civil Penalties - Duty to Comply
Persons responsible for a code violation have a duty to notify the City in writing of any actions
taken to achieve compliance with the notice and order. For purposes of assessing civil penalties,
a violation shall be considered ongoing until the person responsible for a code violation has come
into compliance with the notice and order, voluntary compliance agreement, or stop work order,
and has provided sufficient evidence of such compliance.
17.60.280 Civil Penalties - Community Service
The City is authorized to allow a person responsible for a code violation that accumulates civil
penalties as a result of a notice and order, or for failure to comply with-the terms of a voluntary
compliance agreement, to voluntarily participate in an, approved community service project(s) in
lieu of paying all or a portion of the assessed civil penalties. Community service may include, but
is not limited to, abatement, restoration, or education programs designed to clean up the City.
The amount of community service will reasonably relate to they comparable value, of penalties
assessed against the violator. The rate at whidOcivil penalties are worked 'off under this
subsection is $10.00 per hour. The City shall take into consideration the severity of the violation,
any history of previous violations, and practical and legal impediments in considering whether to
allow community service in lieu of paying penalties.
17.60.290 Civil Penalties -Waivers
1. Civil penalties may tie waived or reimbursed to the payer by the City under the following
circumstances: `
a. The;notioe and order or stop work order was issued in error;
IN,
b. The cavil "penalties were assessed in error;
c. Notice failedto'reach the property owner due to unusual circumstances; or
d. New, material 'information warranting waiver has been presented to the City
since the notice and'order or stop work order was issued.
2. The City shall state, in writing the basis for a decision to waive penalties, and such
statement shall become part of the public record unless privileged.
17.60.300 Civil Penalties Critical Areas
1. The compliance provisions for critical areas are intended to protect critical areas and the
general public from harm, to meet the requirements of Chapter 36.70A RCW (the
Growth Management Act), and to further the remedial purposes of this article. To
achieve this, persons responsible for a code violation will not only be required to
restore damaged critical areas, insofar as that is possible and beneficial, but will also
be required to pay a civil penalty for the redress of ecological, recreational, and
economic values lost or damaged due to their unlawful action.
2. The provisions of this section are in addition to, and not in lieu of, any other penalty,
sanction, or right of action provided by law for other related violations.
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3. Where feasible, the owner of the land on which the violation occurred shall be named as
a party to the notice and order. In addition to any other persons who may be liable for a
violation, and subject to the exceptions provided in this article, the owner shall be jointly
and severally liable for the restoration of a site and payment of any civil penalties
imposed.
4. Violation of critical area provisions of this code means:
a. The violation of any provision of SVMC 21.40 Critical Areas, or of the
administrative rules promulgated there under,
b. The failure to obtain a permit required for work in a critical area; or
c. The failure to comply with the conditions of any permit, approval, terms and
conditions of any sensitive area tract or setback area, easement, covenant, plat
restriction or binding assurance, or any notice and order, stop work order,
mitigation plan, contract or agreement issued or concluded pursuant to the
above-mentioned provisions.
C d
5. Any person in violation of SVMC 21.40, Cndcal Areas may be subject io civil penalties,
costs, and fees as follows:
a. According to the civil penalty schedule+ underfSVMC 17.60.260; provided, that
the exact amount of the penalty per violation shall be determined by the City
based on the physical extent and severity,of. the violation; or
b. The greater of:
i. An amount determined to be equivalent to the economic benefit that the i
person responsible for a code violation derives from the violation,
measured as"the total of:
1. The resulting_ increase in market value of the property;
Z. The value received" by the person responsible for a violation;
3. Th~ vings of construction costs realized by the person responsible
for a,cade violation as a result of performing any act in violation of
SVMG 21.40 Critical Areas; or
ii. Code compliance costs incurred by the City to enforce SVMC 21.40
Critical Areas.
17.60.310 Cost Recovery
1. In addition to the other remedies available under this article, upon issuance of a notice
and order or stop work order the City shall charge the costs of pursuing code
compliance and abatement incurred to correct a code violation to the person
responsible for a code violation. These charges include:
a. Reasonable Legal Fees and Costs. For purposes of this section, "reasonable
legal fees and costs" shall include, but are not limited to, legal personnel costs,
both direct and related, incurred to enforce the provisions of this article as may
be allowed by law; and
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b. Administrative Personnel Costs. For purposes of this section, "administrative
personnel costs" shall include, but are not limited to, administrative employee
costs, both direct and related, incurred to enforce the provisions of this article;
and
c. Abatement Costs. The City shall keep an itemized account of costs incurred by
the City in the abatement of a violation under this article. Upon completion of
any abatement work, the City shall prepare a report specifying a legal
description of the real property where the abatement work occurred, the work
done for each property, the itemized costs of the work, and interest accrued;
and
d. Actual expenses and costs of the City in prepanng,notioes, specifications and
contracts; in accomplishing or contracting and inspecting the work; and the costs
of any required printing, mailing, or court filing fees
2. Such costs are due and payable 30 days from mailing of the invoice.
3. All costs assessed by the City in pursuing Code'compliance and/or abatement create a
joint and several personal obligations in;`all'persons responsible 'for-'alviolation. The
office of the City Attorney, on behalf. of the City, may collect ttie~cossts of code
compliance efforts by any appropriate legal'means.
4. In addition to, or in lieu of, any other state or local provision for the recovery of costs, the
City may, after abating a `violation, pursuant to this article, file for record with the
Spokane County auditor to claim a lien against the real property for the assessed costs
identified in this article if the violation was reasonably. related to the real property, in
accordance with any lien provisions.authorized.by state law.
1 ~
5. Any lien filed shall be subordinate to'all previously existing special assessment liens
imposed on the same property and `shail be superior to all other liens, except for state
and county.~!akes, with which it shall share priority. The City may cause a claim for lien
to be filed for record within 90 days from the later of the date that the monetary penalty
is due or the date the work is completed'or the nuisance abated. The claim of lien shall
contain' sufficient, information regarding the notice and order, a description of the
property"to be charged with the lien, the owner of record, and the total of the lien. Any
claim`of;lien may be amended from time to time to reflect changed conditions. Any
,.u.h
.ch lien shall bind the affected property for the period as provided for by state law.
17.60.320,Collection of Civil Penalties, Fees, and Costs
The City may use the services of a collection agency in order to collect any civil penalties, fees,
costs, and/or intere'st.owmg under this article.
17.60.330 Abatement,:)
1. Emergency Abatement. Whenever a condition constitutes an immediate threat to the
public health, safety or welfare or to the environment, the City may summarily and
without prior notice abate the condition. Notice of such abatement, including the reason
for it, shall be given to the person responsible for the violation as soon as reasonably
possible after the abatement.
2. Judicial Abatement. The City may seek a judicial abatement order from Spokane County
superior court, to abate a condition which continues to be a violation of this code where
0/1 other methods of remedial action have failed to produce compliance.
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3. The City shall seek to recover the costs of abatement as authorized by this chapter.
17.60.340 Code Compliance Abatement Fund - Authorized
All monies collected from the assessment of civil penalties and for abatement costs and work
shall be allocated to support expenditures for abatement, and shall be accounted for through
either creation of an account in the fund for such abatement costs, or other appropriate
accounting mechanism.
17.60.350 Judicial Enforcement - Petition for Enforcement
1. In addition to any other judicial or administrative remedy, the office of the City Attorney,
on behalf of the City, may seek enforcement of the City's order by filing a petition for
enforcement in Spokane County superior court.
2. The petition must name as respondent each person. against whom the City seeks to
obtain civil enforcement.
3. A petition for civil enforcement may request-monetary relief, declaratory.relief, temporary
or permanent injunctive relief, and any.6ther civil remedy provided' by law, or any
combination of the foregoing. r.
17.70 Fees and Penalties
c
17.70.010 Master Fee Schedule
All fees *and penalties for development permits, formal interpretah ns, violations of provisions of
this development code or allowed appeals shall be set forth in the City of Spokane Valley Master
Fee Schedule. A copy, of, th_ s' schedule shall be available at the Community Development j
Department
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Title 18
Boards and Authorities
18.10 Planning Commission
18.10.010 Establishment and purpose
There is created the City of Spokane Valley Planning Commission (hereafter referred to as the
°Planning Commission"): The purpose of the Planning Commission is to study and make
recommendations to the Mayor and City Council for future planned growth through continued
review of the City's comprehensive land use plan, development regulations, shoreline
management, environmental protection, public facilities, capital improvements and other matters
as directed by the City Council.
.18.10.020 Membership
s
. _ -I ~consist 1 wOholhavelan interest mlann hn Oland usentrans ortation'cas o individuals- „ „ _
building and landscape design as evidenced,by.trainrng, experience interest in the
city. by' t Appointment. Members of the Planning Comr, fission shalt! ~ e nominated by't a Mayor
and oonfirmed by a majority vote of at least fou_: r~~n e~f of the City Council. Planning
Commissioners shall be selected without respect, o:polrtical affiliations and shall serve-
without compensation. The Ma 40-01- en consideri appointments, shall attempt to
select residents who represent vrius interests and,ons within the City.
3. Number of Members/Terms. The Planning,Gormmission shall consist of seven members.
IF5
. . Terms s
All members shall.reside within the Cr hall=be.for..;three-year_period, and.shall...._.__._....
expire on the thi first flay of Dece ACaybe ~fiY~ 4. Removal. Meof the removed by the Mayor, with the
concurrenc the City Colnncc`il, for neglecctt of duty, conflict of interest, malfeasance in
office, or other t cause,,, r• or unexcused absence from three consecutive regular
meetings. Failure,to qualify-~asto residency~sh`all constitute a forfeiture of office. The
decision-of the CitfGouii6l regard ing•me bership on the Planning Commission shall be
final and without appeal:
5. ,'Vacancies. Vacancies t6foccur other than through the expiration of terms shall be filled
for unexpired erm in the-same manner as for appointments. '
- -
- - 6. Conflicts of Interes Meriibers-of che'Planning Gornrnis§ion sfiall fully'comply witfi = = - -
ChM, '-er 42.23 RCW;;dbde of Ethics for Municipal Officers; Chapter 42.36 RCW,
Appea' ance of Fai ~e§s; and such other rules and regulations as may be adopted from 74
time to tMim°'4e,by the§ty Council regulating the conduct of any person holding appointive
office wit11 Newt ' o elected official or City employee may be a member of the
Planning Commission.
18.10.030 Meetings - Rules
1. The Planning Commission shall every year organize and elect from its members.a chair,
who shall preside at all meetings of the commission and perform such other functions as
determined by rule. A vice-chair-shall be elected to preside in-the absence of the chair. A
majority of the commission members shall constitute a quorum for the transaction of
business, and a majority vote of those present shall be necessary to carry any
proposition.
2. The commission shall determine a regular meeting schedule (time, place and frequency)
and shall meet at least one time every month. All meetings shall be open to the public.
Page 1, of 4' .
12-&06 .
Planning Commission Recommended Draft Title 18 Uniform Development Code
3.. The commission shall adopt such rules and procedures as are necessary for the conduct
of business and shall keep a recording of its proceedings. i
4. All hearings before the Planning Commission shall be conducted in the manner set forth
in Appendix B.
18.10.040 Staff support
Administrative staff support to the Planning Commission shall be provided by the City's
Community Development Department (hereafter referred to as the "Department"). In addition, the
Commission, through its chair, may request formal opinions or memorandums from the City
Attorney or Community Development Director (hereafter referred to as the 'Director) on any
pending matter.
18.10.050 Duties and responsibilities
The Planning Commission, as an advisory body to the City Council; shall perform and have the
following duties and responsibilities:
X
1.: Assist in the preparation of a comprehensive plan,and developrentregulations in -
compliance with Chapters 36.07A and 35A.6316 , including theigotablishment of
procedures for early and continuous public panic pation in the development and
amendment of the comprehensive plan and the development regulations
2. Review plans and regulations related to land use management, shoreline management,
environmental policy, transportation systems~public-f0"t'Ies and capital infrastructure
planning and development;
3. Upon request from the City Manl a ,or Ci C6unciV4 iew otential annexations to the
City;
4. Where design review is required by-land usb~ordina, ces Uthe City, perform such design
revrew unless that'r~ewrew is dele jatedato som "4other;appo,in et d-bb-dy or-City staff; f "
5. Identify issues nand recommend priorities for geographic sub-areas including park and
open space area~n the City:
YY
6. Meet and confer-,With the Hea ing Examiner.to review the administration of land use
policies and ordinances,to enhance the,pla`ning and permitting process;
7.. Mak p odic wnttend oral reports to the city council addressing work in progress
• Ch-d,other significant mafters relating to the City;
& Hold public hearings in the exercise of duties and responsibilities;
- -9 A\rform such othe duties andsppowers as-may: be-conferred_by-nrMnance, resolution_or.-:.: , • -
mot b , of the City Cou ~ il.
Unless otherwise.assumed by the City Council, the Planning Commission shall hold all public
hearings required; o be held*rthe course of adoption or amendment to the comprehensive plan,
the development regulations, adoption or amendment of the zoning map, or adoption or
amendment of regulatiirns for the subdivision of land, shoreline management, environmental
regulations, and other land use ordinances of the City.
18.20 Hearing Examiner
18.20.010 Authority
The Hearing Examiner system is established in accordance with the provisions of RCW
35A.63.170, 36.706.120(3) and chapter 58.17 et seq, and SVMC 2.56.
r
Page 2 of 4 .
12-&06
Planning Commission Recommended Draft Title 18 Uniform Development Code
O 18.20.020 Powers and Duties
The Hearing Examiner shall have the following powers and duties:
1. The Hearing Examiner will receive and examine available information, make site visits,
take official notice of matters, conduct public hearings, prepare a record thereof, and
enter findings; decision or recommendations as provided in this section.
a. The Hearing Examiner shall hear the following matters:
i. Applications for variances;
ii. Conditional use permits;
iii. Special use permits; `
iv. Shoreline Permits, when a public hearing is required;
v. Preliminary plats;
-
- --vi. - Appeals from any administrative- decision of the department of -community
development or the building offs ial'in the administ o` r enforcement of
the Spokane Valley Uniform Development Code or othei ,Land use code or
regulation;
vii. Appeals on State EnvironmenWhPol'cy ct (SEPA) determinations.
viii. Site specific zone. changes of property, including any environmental
determination (unde~r=SEPA)-
ix. Planned unit devel~ en s, i• eluding a'r y.:.. nvironmental determination
_..._,.`(under'SEPA);;and-- _ _s -
x. Any o h'eF ap it cations orvappeais that t City Council may refer by motion
oro ordinance, sp~rfically dec~lanng that the decision of the Hearing Examiner
cabe appealed to the City Council.
t;
b. All hearings befd a Hearing Examiner shall be conducted in the manner,set
penn6.`'s
forth in
I~ of a decision of the Hearin Examiner shall be as is set forth in SVMC
App %a y 9
17.50. ' -
18.30 Community-Dev ' opmenMilrector - - -
18.30.0 0
The CommunityDevelopment~1Director shall have the following responsibilities:
1. To advise tt~e,Plarmg Commission and the City Council concerning matters related to
planning and`t 5` 'dministration of SVMC Titles 17 through 25, (Uniform Development
Code(UDC));
2. To implement the provisions of the UDC in conformance with the directives of the City
Council and the UDC;
-3. To regularly update the comprehensive plan and official zoning map;
4. To make recommendations conceming proposed changes and amendments to zoning
regulations and the official zoning map; and
5. To review site plans for conformance with the requirements of the UDC.
Page 3 of 4
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Planning Commission Recommended Draft Title 18 Uniform Development Code
18.40 Building Official
18.40.010 _J
The Building Official shall have the following responsibilities:
1. To review all plans for construction for conformance with the UDC and to administer the
provisions of building codes adopted by the City Council;
2. To make recommendations concerning amendments to the adopted Building Codes;
3. To enforce the provisions of SVMC Title 24 - Building Codes.
4. To enforce the provisions of nuisance ordinances in conformance with the requirements
of SVMC 7.05.
18.50 Public Works Director
18.50.010 z
The Public Works Director shall have the following. responsibilities:
1. To review all street and drainage constructionnplans for conformanWwith the UDC and to
administer the civil engineering construction6odes adopter) by the C it Council;
2. To advise the Planning Commission and theCity Council'conceming mattg,related to
f
the administration of the civil engineering revisions of tfieZjDC;
3. To regularly update the Street and Utility De gra t/,-an daArrds and the Regional Stormwater
Design Standards;
4. To review site plans for conforma_nce,with>the civil engineering requirements of the UDC.
5. To oversee the construction of public infrastructure, or c6-'f o ance with the civil
engineenng•provisionsof the UDC
S,,
Page 4 of 4
12-6-06
Planning Commission Recommended Title 20, Uniform Development Code
Title 20
Subdivision Regulations
20.05 Authority
This title is established in accordance with Revised Code of Washington (RCW) Chapter 58.17 which
authorizes cites to administer the process for the division of land.
20.10 General Provisions
20.10.010 Purpose.
Pursuant to the purposes set forth in RCW 58.17.010, the regulations included contained in this title are
necessary to:
1. Promote the health safety, and general welfare in ae corda~n\with standards established by
the State and the City; 1' v
2. Promote effective use of land by preventing the overcrowding or scattered development
which would be detrimental to health, safety,, or the general welfare due to tfie lack of water
supplies, sanitary sewer, drainage, transpoitation, or other public services, or, excessive
expenditure of public funds for such services',
3. Avoid congestion and promote safe and convenient travel by the public on streets and
highways through the proper planning and coordinatiori of new streets within subdivision with
existing and planned streets in;the surrounding community;
4. Provide for adequate light and air, 5. Provide for adequate water, sewagee,Idrainage,-parks and recreational areas, sites for
schools and school grounds, and other, public requirements;
6. Provide for proper ingress and egress;
7. Provide for housing and commercial needs of the community;
8. Require uniform monumentation of land divisions and conveyance of accurate legal
descriptions;
9. Protect environmentally sensitive areas;
10~ Provide for flexibility in site design to accommodate view enhancement and protection,
protection of streams and wetlands, protection of steep slopes, and other environmentally
significant or sensitive areas*.
11. To,ensure consisi lncy with and to further the goals and policies of the Comprehensive Plan;
and
.1
12. To provide a process for the division of land for the following:
a) Short subdivision: the division of land into nine (9) or fewer lots, tracts, parcels, sites
or 'divisions with a level of review that is proportional to the effect those lots may have
on the surrounding area.
b) Subdivision: the division of land into ten (10) or more lots, tracts, parcels, sites or
divisions with a level of review that is proportional to the effect those lots may have
on the surrounding area.
c) Binding site plan: An alternative method of dividing property interests and applying to
the division of any land for sale or lease which is zoned for commercial, business,
office, or industrial development, or which is to be developed as condominiums or a
manufactured home park.
Page 1 of.14
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Planning Commission Recommended Title 20, Uniform Development Code
20.10.020 Exemptions.
The provisions of this title shall not apply to:
1. Cemeteries and other burial plots while used for that purpose (RCW 58.18.040 (1));
2. Divisions made by testamentary provisions, or laws of descent (RCW 58.17.040 (3));
3. Division of land into lots or tracts if such division is a result of subjecting a portion of the
parcel or tract of land to either RCW 64.32 (Horizontal Regimes Act) or RCW 64.34
(Condominium Act) subsequent to the recording of a binding site plan for all such land (RCW
58.17.040 (7));
4. Division of land due to condemnation or sale under threat thereof, by an agency or division
of government vested with the power of eminent domain; and'
5. Divisions or acquisition of land for public right-of-way.
6. A division of land for purpose of'leasing land for facilities providing personal wireless services
while used for that purpose. (RCW 58.17.040(8)) ^ l
7. A division of land into lots or tracts of less than three acres that is recorded in accordance
with RCW 58.09 used or to be used for construction and operation of consumer or investor
owned electric utilities to meet the electrical needs of a utility's existing and new customers
as set forth in RCW 58.17.040(9).
.
20.10.025 Legal Lot. . ~
Development shall be permitted only on legally created lots. Alot'is,_created in compliance with
applicable state and local land segregation statutes or codes in effect at the time the lot was created,
including but not limited to demonstrating the lot was created through one of the following:
1. Lots created through subdivision, 'a plat approved by the City or Spokane County separately
describing the lot in, question; or
2. Lots created through short subdivision, a short plat approved by the City or Spokane County
separately describing the lot in question; or
3. A deed, contract of sale, mortgage, property tax segregation, plat, or recorded survey
describing the lot in question if the instrument was:
a. Executed prior to March 24, 1980 for subdivisions (effective date of County's first
subdivision--Ainarice) while the lot in question was under Spokane County
jurisdiction; or~
b. Executed `prior to March 13, 1978 (effective date of County's first short subdivision
ordinance) for, short subdivisions while the lot in question was under Spokane
County jurisdiction; or,
c. Executed prior to July 1969 (effective date of RCW 58.17).
Page 2 of 14
12-6-06
Planning Commission Recommended Title 20, Uniform Development Code
20.10.030 Approval required prior to recordation.
Any map, plat or plan hereafter made of a proposed short subdivision, subdivision or binding site plan, or
any part thereof, shall be presented for approval and be recorded as set forth in SVMC 20.30.040. No
such map, plat or plan shall be recorded or have any validity unless or until it has the approval of City
departments and agencies with jurisdiction as required by this title.
20.10.040 Prohibition against sale, lease or transfer of property.
No person shall sell, lease or offer to sell or transfer any lot, tract or parcel subject to the requirements of
this title without first receiving approval hereunder and recording the approved division with Spokane
County; provided, that if performance of an offer or agreement to sell, lease or otherwise transfer a lot,
tract or parcel of land is expressly conditioned on the recording of the subdivision, short subdivision or
binding site plan containing the lot, tract, or parcel, the offer or agreement does not violate any provision
of this Title.
20.10.050 Vertical Datum.
Where topography is required to be shown, the land survey data.nriust be based on the National Geodetic
Vertical Datum (NGVD-88).
20.10.060 Monumentation. % i
is
Monumentation shall be established as required by City;construction standards. In addition, every lot
corner shall be marked with an iron rod or iron pipe marked in a permanent manner with the registration
number of the professional land surveyor in charge of the s r ey/
20.10.070 Professional Land Surveyor.
The preparation of all preliminary and final'short subdivisions, subdivisions and binding site plans shall be
made by or under the supervision of a professional landsurveyor. The 'professional land surveyor shall
certify on the final plat that it is a true and corr\ect representation of the lands actually surveyed. A survey
O is required on all final plats. All surveys shall comply with the RCW 58,Og Survey Recording Act and
survey and land descriptions (WAC-332-130).
20.10.080 General Design.
The design of short subdivisions, subdivisions and binding site plans shall conform to the requirements of
all applicable City plans, regulations, and. design and development standards. In addition:
1. The design, shape, size; and orientation of the tracts should be appropriate for the use for
which 'thia divisions are intended, and the character of the area in which they are located.
.2.,i Lot arrangement.,
a. Side lot lines shall be perpendicular to public street rights-of-way or radial to the right-
of-way in the case of curvilinear streets or cul-de-sacs.
b. Corner Lots
i. The lot'lines at the intersection of two local streets shall run along the
hypotenuse of the triangle measured fifteen feet (15'-0°) from the intersection
adjacent to the street along the front and side of the lot.
ii. The lot lines at the intersection of a local street and a collector or arterial shall run
along the hypotenuse of the triangle measured twenty-five feet (25'-O9) from the
intersection adjacent to the street along the front and side of the lot.
iii. No comer lot shall be located at right angles to an adjacent interior lot.
iv. Property lines at the intersection of public or private streets, and private
driveways intersecting public or private streets that exceed one hundred and fifty
(150) feet in length shall be curved and conform generally to the curb line in a
manner approved by the City.
Page 3 of 14
12-6-06
Planning Commission Recommended Title 20, Uniform Development Code
v. Comer lots serving low density residential development shall have an average
width at least fifteen percent (15%) greater that the width of interior lots along
both adjacent streets to permit building setback and orientation to both streets.
c. Lot Dimensions:
i. Lot dimensions shall comply with the minimum standards established in SVMC
22.40.
ii. Flag lots are prohibited. Reverse flag lots providing access to alleys or amenities
located to the rear of the property are permitted.
iii. No lot shall have an average depth greater than three times its average width,
d. Double Frontage Residential Lots: ' f
i. Double frontage and reverse frontage lots shall,be avoided except where
necessary to separate residential development fr`om'arterial roadway or to 1 11
overcome specific disadvantages of topography and o\ ntation.
ii. When lots back to arterials, a screening device shall be installed on the lot(s)
limiting visibility between the arterial and the adjoining lots irraccordance with
SVMC 22.80 or 22.90.
iii. No building, except buildings designed and constructed as two-family dwellings
or one-family attached dwellings, shall be constructed on or across existing lot
lines. Where buildings are designed and -constructed on or across lot lines, the
building shall belocated_so that the common wall separating the individual living
units are located on' d along the common lot lines of the adjoining lots.
3. Block dimensions should reflect due regard-td the needs of convenient access, public safety,
emergency vehicle access, topography, road'mai itenance, and the provision of suitable sites
for the land use planned, %
a. Block Length. Blocks shall not 6x d e800 feet except as provided in the zoning
regulations for estate, lots, unless unique characteristics associated with the land such
as creeks, woods, or parks, justifies a longer length.
b. Block Labeling. Blocks shall be_ identifiea in sequential alphabetical order.
c .,,Street alignments shall be designed and constructed with appropriate consideration for
existing _and planned roads, anticipated traffic patterns, topographic and drainage
conditions, public safety, and the proposed use of the land so divided.
d. All roaddesigns shall be consistent with SVMC 22.130 and adopted street standards.
\ 4.\ When a tract is subdivided into lots of one acre or more in size, the Community Development
Drector(hereafter referred to as the "Director") may require an arrangement of the tracts and
roads;such, as to permit a subsequent redivision in conformity with roads or plans adopted by
the`Cty.\\ i
5. Lots should not be divided by the boundary of any city, county, zoning designation, or public
right-of-way,
6. Every lot shall have direct access to a paved public street, private street, or private driveway
easement.
7. Prior to filing the final short subdivision, subdivision or binding site plan application, the
applicant shall improve or make appropriate provisions for the construction of the public or
private streets or private driveways that provide access to lots being created through the
short subdivision, subdivision, or binding site plan consistent with appropriate City adopted
standards.
Page 4 of 14
12-6-06
Planning Commission Recommended Title 20, Uniform Development Code
8. Wastewater design shall be in compliance with all applicable City and other agencies'
regulations.
9. Adequate public domestic water supply and/or fire protection shall be provided in compliance
with all applicable City and other agencies' regulations.
10. Provisions for stormwater runoff shall be in compliance with City guidelines for stormwater
management as set forth in SVMC 22.150.
11. Easements for electric, water, sewer, gas, and similar utilities shall be illustrated on the final
short plat, plat, or binding site plan. The utility purveyors shall indicate to the Community
Development Department (hereafter referred to as the 'Department') in writing that the
easements are adequate for their service needs.
12. The short subdivision, subdivision, or binding site plan shall provide underground utilities
within public rights-of-way, alleys or utility easements including, but not limited to, those for
electricity, communications and street lighting. When conditiohs make underground
installation impractical, the Director may waive the,gequirement for underground utilities.
20.10.090 Findings. f
Prior to approving any preliminary short subdivision, subdivision or binding site plan, the Department in
the case of short subdivisions and binding site plans or,the Hearing Examiner in the case of subdivisions,
shall determine and make written findings of fact that appropriate provisions are made for the following:
i
1. The public health, safety, and general welfare;,
2. Open spaces;
3. Drainage ways;
\ l
4. Streets or roads, alleys, sidewalks, and other public ways;,-,
O 5. Transit stops; v
6. Public potable-water supplies;
7. Sanitary sewer,
8. Parks and recreation;
9. Playgrounds, schools and schoolgrounds;
10. Sidewalks and other planning features that assure safe walking conditions for students who
only walk to and from school;
11. Whether the public interest will be served by the short subdivision, subdivision, and binding
site plan;
12: The proposed short subdivision, subdivision or binding site plan is in conformity with all
applicable development code provisions; and
13. Other requirements found to be necessary and appropriate.
20.20 Preliminary Short Subdivisions Subdivisions and Bindina Site Plans
20.20.010 Application.
Prior to filing an application for preliminary short subdivision or binding site plan with the Department, it is
recommended that the applicant request a pre-application conference pursuant to the provisions of
SVMC 17.40 to obtain application forms and receive general information regarding the short subdivision
process. Prior to filing an application for a preliminary subdivision, a pre-application conference pursuant
to the provisions of SVMC 17.40 is required.
Page 5 of 14
12-M6
Planning Commission Recommended Title 20, Uniform Development Code
20.20.020 Contents of Application.
Every preliminary short subdivision, subdivision or binding site plan shall consist of the appropriate
application form, applicable fees and the following:
1. Maps and exhibits:
a. Ten (10) copies of the preliminary short plat, plat or binding site plan which shall be a
legibly drawn map, eighteen by twenty-four (18x24) inches for short plats; twenty-four
by thirty-six (2436) inches in size for plats and binding site plans at a scale of 1"=50'
or 1°=100'. If approved by the Department, an alternative appropriate scale may be
used;
b. One (1) reduced (8 %2x11 or 11x17 inches) copy of the preliminary short plat, plat or
binding site plan;
c. One (1) copy of the Spokane County Assessor's % section map clearly indicating the
subject property. Additionally, all adjacent properties with parcel numbers must be
indicated on the Y2 section map. Assessor's maps for preliminary subdivisions shall
indicate the parcel numbers of all properties'within three hundred (300) feet of the
subject property, unless the applicant'bwns adjacent property, in which case the map
shall show the location and parcel number of all properties within three hundred (300)
feet of the applicant's ownership.. '
d. Legal description of the subject property with the source of the legal description
clearly indicated;
e. Public notice packet; and
f. SEPA environmental checklist for preliminary subdivisions and binding site plans.
2. Preliminary short subdivision, subdivision or bind ni g site plan data (to be included on the
preliminary short plat; plat or binding site pla
a. Name, address and telephone number of the owner of the subject property and the
person with whom official contact\should be made regarding the short plat, plat, or
binding site plan;' `
b. Title' of the proposal.
- c., Location of subject property by section, township and range;
d. -A written narrative describing the proposal including but not limited to the number of
i' proposed lots, nature of surrounding properties, proposed access and timing of
phasing'-of the development. The narrative shall also address compliance to
'
applicable~ sections of the development code and other applicable regulations;
e. Vicinity map that clearly indicates the subject property;
f:\\,, North arrow,'scale and boundary of the proposed short plat, plat, or binding site
plan;
g. Boundaries of all block, the designation of lots, lot lines and dimensions;
h. Location of existing utilities;
i. Location, names and widths of all existing and proposed streets, roads and access
easements within the proposed short subdivision, subdivision, or binding site plan
and within 100 feet thereof, or the nearest city street if there is no city street within
100 feet of the subject property;
j. All existing or proposed easements or tracts proposed to be dedicated for any
public purpose or for the common use of the property owners of the short plat, plat
or binding site plan;
Page 6 of 14
12-"6
Planning Commission Recommended Title 20, Uniform Development Code
k. Location of any natural features such as wooded areas, streams, drainage ways, or
critical areas as defined in SVMC Title 21;
1. Location of existing buildings, septic tanks, drainfields, wells or other improvements,
indicating if they will remain or be removed;
m. Whether adjacent property is platted or unplatted. If platted give the name of the
subdivision. If the proposed short subdivision, subdivision or binding site plan is the
subdivision of a portion of an existing plat, the approximate lines of the existing plat
are to be shown and a copy of the existing plat, along with any and all recorded
covenants and easements;
n. Topographic information at two foot intervals. Topographic information required by
this section must be collected by or under the direction of a professional land
surveyor, and
o. 'Site Data Table' showing number of proposed lots, frontage for each lot, lot area
for each lot, existing zoning, water supplier, method of sewerage.
20.20.030 Processing Applications.
Preliminary short subdivisions and binding site plans are classified as Type II applications; preliminary
subdivisions are classified as Type III applications. Both 'application types shall be processed pursuant to
the applicable provisions of SVMC 17.40. ✓
20.20.040 Distribution of Plans.
When the department determines that the application is complete pursuant to SVMC 17.40.100, the
department shall distribute the application materials to affected agencies. The department or reviewing
agencies may request additional information during the review process: ,
20.20.050 Expiration of Preliminary Approval.
O L `
Approval of a preliminary short subdivision, subdivision, or binding site plan shall automatically expire five
years from the date of approval unless a complete, application for a final short subdivision, subdivision, or
binding site plan meeting; all r"equirements under this Title is submitted to the City. Extension of time may
be granted as provided in SVMC 20.20.060.
20.20.60 Time Extensions. \
An application form and supporting data for time extension requests must be submitted to the department
at least thirty,(30) days prior to the expiration of the preliminary short subdivision, subdivision, or binding
site plan. Time extension requests shall be processed as a Type I application pursuant to SVMC 17.40.
The'director may approve an extension provided there are no significant changed conditions or changed
development regulations which would render recording of the short subdivision, subdivision or binding site
plan contrary to the public health,'safety or general welfare; and provided one or more of the following
circumstances is found to apply:
1. That some portion:of,the existing preliminary short subdivision, subdivision, or binding site
plan h`as been finalized since the project was approved and the remaining lots would form a
unified developent consistent with the original approval;
2. That the preliminary short subdivision, subdivision, or binding site plan remains generally
consistent with original plat or binding site plan that was approved, and the applicant has
taken substantial steps toward finalizing the plat or binding site plan, which shall include at
least one of the following:
a. Surveying the lots within the development;
b. Arranging for public services to the site;
c. Obtaining necessary financing for all or a portion of the preliminary short
J subdivision, subdivision, or binding site plan;
Page 7 of 14
12-6-06
Planning Commission Recommended Title 20, Uniform Development Code
d. The completion of studies or other requirements which were part of preliminary
short subdivision, subdivision, or binding site plan approval; 'l
3. That at the time preliminary approval was granted, development of the proposal was
conditioned upon the extension of public services which are not yet available. This provision
shall not apply to public utility extensions which the project sponsor would normally fund;
If the conditions set forth in SVMC 20.20.060(1), (2), or (3) are met, the department may grant a single
one-year time extension. Prior to granting time extensions, the Director shall circulate the time extension
request to affected agencies for comments. Additional or altered conditions recommended by affected
agencies may be required as a condition of this extension.
City Departments may also recommend additional or altered conditions.
The Department shall issue a written decision approving or denying the time extension request and
provide copies to affected agencies, the applicant, and those parties requesting a copy of such decision.
Appeals of a time extension shall be filed in a manner consistent with the provisions of SVI IC 17.50.
20.30 Final Short Subdivisions, Subdivisions, and Binding Site Plans
20.30.010 Final Submittal.
The final short subdivision, subdivision, or binding site plan shall incorporate all conditions of the
preliminary approval. The final short subdivision, subdivision; or bind'ing' site plan shall incorporate all
conditions of approval imposed by the Hearing Examiner. ' . l
All final subdivision, short subdivision or binding site plan submittal all include the following:
1. A minimum often (10) copies of the proposed final short plat, plat or binding site plan;
2. Appropriate fees;
3. Three copies of a plat certificate.
The final short plat, plat or binding site plan shall show:
1. All monuments found, set,'reset, replaced or removed, describing their kind, size and location
and giving other data relating thereto;
2. Bearing trees, corner accessories or witness monuments, basis of bearings, bearing and
length of lines, scale of map and north arrow;
3. Any other data necessarjr for the interpretation of the various items and locations of the
points, lines and areas shown;
4. Ties to adjoining surveys of record.
5. The allowable error of mathematical closure for the final plat map shall not exceed one foot in
eighty thousand feet or 0.04 foot, whichever is greater.
6. Bearings and lengths are to be shown for all lines; no ditto marks are to be used.
7. Arrows shall be used to show limits of bearings and distances whenever any chance of
misinterpretation could exist.
8. Plat boundary and street monument lines having curves shall show radius, arc, central angle
and tangent for each curve and radial bearings where curve is intersected by a non-tangent
line. Spiral curves shall show chord bearing and length.
9. Lots along curves shall show arc length along curve and radial bearings at lot corners. If a
curve table is provided, it shall show angle for each segment of the curve along each lot, arc
length, tangent length, and radius. Radial bearings along lot lines will not be required.
10. All dimensions shall be shown in feet and hundredths of a foot. All bearings and angles shall
be shown in degrees, minutes and seconds.
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Planning Commission Recommended Tittle 20, Uniform Development Code
011. When elevations are needed, permanent bench mark(s) shall be shown on the final short plat
in a location and on a datum plane approved by the City.
12. The final short plat, plat or binding site plan shall indicate the actual net area for each platted
lot exclusive of the right-of-way. Lots one acre and over shall be shown to the closest
hundredth of an acre, and all other lots shall be shown in square feet.
20.30.20 Contents of Final Plat_
All surveys shall comply with the Survey Recording Act (RCW 58.09), survey and land descriptions
(WAC-332-130), and City standards for road construction. The contents of a final short subdivision,
subdivision or binding site plan shall include the following:
1. The final short plat, plat or binding site plan shall be a legibly.drawn, printed, or reproduced
permanent map. Final short plats shall measure eighteen by twenty-four (18x24) inches.
Final plats and binding site plans shall measure twenty,-four bythirty-six (24x36) inches. A
two-inch margin shall be provided on the left edge, and a.one-half= nch margin shall be
provided at the other edges of the plat If more than one sheet is required, each sheet shall
show sheet numbers for the total sheets.
2. The file number of the short plat, plat or binding site plan; location by section, township and
range shall be shown.
3. The scale shall be fifty (1"=50') or one hundred (1"=100') feet to the inch. If app or ved by the
department, an appropriate scale may be used which does not exceed two-hundred (1'=200')
feet to the inch, provided a four-hundred (1°=400') feet to the inch reduced copy is also
submitted.
4. A distinct wide boundary line shall1delineate the boundary of the short plat, plat or binding site
plan.
O 5. The location and widths of streets, alleys, rights-df-way,. easements, parks and open spaces
proposed within the short plat and those existing immediately adjacent to the short plat shall
be shown. Areas to be dedicated to the'public must be`lateled.
6. Layout and names of adjoining subdivisions shall be shown within and adjacent to the
subdivision boundary.
7. The layout, lot and block numbers, and dimensions of all lots shall be shown.
8. Street names shall be shown.
9:. Street addresses for each lot shall be shown.
10. Plat restrictions required as conditions of preliminary short subdivision, subdivision or binding
site plan approval shall be shown.
11. Appropriate utility easements shall be shown.
12. Any special statements of approval required from governmental agencies, including those
pertaining to flood hazard areas, shorelines, critical areas, and connections to adjacent state
highways shall be shown.
13. A notarized certification by the owner(s) as shown on a current plat certificate shall be
provided dedicating streets, areas intended for other public use, and granting of easements
for slope and utilities.
14. A certification signed by a professional land surveyor registered in the state of Washington
stating that the final short plat, plat or binding site plan was surveyed and prepared by
himself/herself, or under his/her supervision, that plat is a true and correct representation of
the subject land; and that monumentation has been established as required by City
standards.
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Planning Commission Recommended Title 20, Uniform Development Code
15. The City Council authorizes final approval of any final plat, short plat, or binding site plan, if it
is reviewed and signed by the following: J~
a. Spokane Valley Public Works Director;
b. Spokane Valley Community Development Director,
c. Spokane County Utilities Director;
d. Spokane Regional Health District;
e. Spokane County Treasurer;
f. Spokane County Assessor,
g. Water purveyor representative;
ih. Hearing Examiner for final plats only. /
20.30.030 Filing Final Short Plat, Plat or Binding Site Plan..
The final short plat, plat or binding site plan shall be submitted to the Departr entfor review. It shall be
routed to appropriate departments and agencies in order to review for compliance with the conditions of
approval. Once all reviewing departments and agencies are satisfied all conditions have been met or
appropriate bonding and surety obtained pursuant to SVMC 20.30.040, the final short plat; plat or binding
site plan mylar shall be submitted to the Department for obtaining the required signatures: 'Final plats and
short plats shall be approved, disapproved, or returned to the applicant within thirty days from the date of
filing thereof, unless the applicant consents to an extension of such time period. (RCW 58.17.140) The
Department shall record the completed final short plat, plat, or binding site plan with the Spokane County
Auditor.
20.30.40 Bond in Lieu of Construction Limitations._
In lieu of the completion of the actual construction of any;requieed improvement prior to the approval of 1
the final plat, short plat or binding site plan, the'public works'director may accept a bond in an amount
and with surety and conditions satisfactory to the Directorand consistent with the provision of RCW
58.17.130, only if all of the following conditions are met:
1. The improvement or improvements constitute less than 5 % of the total capital requirements
for the plat, short plat or binding site plam,
2. The improvements will be completed within one (1) year of the date of final approval.
3. The failure to complete the improvement does not impair the function or operation of the
transportation, sewer, water, or stormwater systems.
The applicant for the bond does not have any outstanding improvements that have not been
timely comp leted.within other plats, short plats, or binding site plans within the City.
The improvements could not be completed due to weather or product supply.
20.30.50` . Phasing.
Any subdivision may be developed in phases or increments. Phasing of short subdivisions or binding site
plans is not peimitted. A master phasing plan shall be submitted with the preliminary subdivision for
approval by the department. The phasing plan may be approved by the Director provided:
1. The phasing plan includes all land identified within the legal notice;
2. The sequence of phased development is identified by a map;
3. Each phase has reasonable public or private infrastructure to support the number of dwelling
units contained in that phase;
4. Each phase constitutes an independent planning unit with facilities, adequate circulation, and
any requirements established for the entire subdivision; and provided that any non-finalized
portion meets the minimum lot size of the underlying zone for the proposed use; and
5. The Public Works Department approves the necessary documents so that all road
improvement requirements are assured for that phase.
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Planning Commission Recommended Title 20, Uniform Development Code
A phasing plan may be amended following preliminary approval. Said plan may be approved
administratively provided the above criteria are met
20.50 Preliminary Plat, Short Plat, and Binding Site Plan Alterations
20.50.010 Applications.
An application may be submitted for any proposed alteration to a preliminary plat, preliminary short plat or
binding site plan. The application shall contain the signatures of the persons having an ownership
interest in the plat or binding site plan. A preliminary plat alteration is classified as a Type II permit and
shall be processed pursuant to SVMC 17.40.
20.60.020Preliminary Plat, Short Plat and Binding Site Plan Alterations, Notice, Decision, Filing
Plan. ;
Any request for a proposed modification to a preliminary short subdivision, subdivision, or binding site
plan which has received preliminary approval shall be submitted to the department
Any proposed modification which would amend conditions.established administratively shall be circulated
to affected agencies for review and comment. An amended'decision or amended conditions of approval
may be required based on comments received from affected agencies.
The Director may waive formal processing if it is determine d that the'proposed modification would not
have a substantial impact on adjacent properties, or cor4tions,of,approval. This process shall not apply
to amending site plans or conditions thereof established by ah Baring body that would constitute a
.change of condition."
Alterations may be approved by the Director, if the Director determine that the public use and interest
will be served by the alteration.
O Following approval of an alteration, the applicant shall produce a revised drawing of the approved
alteration which shall be signed by the Director and filed with the City of Spokane Valley Community
Development Department"
Any proposed modification which wouldsignificantly amend conditions established by the hearing
examiner shall be proces'se`d as a "change of conditions" pursuant to SVMC 'I°7._.
20.60 Final Plat and Short Plat Alterations
20.60.010 Application. ,
An application may be submitted for bny, proposed alteration to a final plat or final short plat. The
application shall contain the signatures of the majority of those persons having an ownership interest in
lots, tracts, parcels, site or divisions in the subject subdivision or portion to be altered. If the subdivision
is subject to restrictive covenants which were filed at the time of approval of the subdivision, and the
application for alteration would result in the violation of a covenant, the application shall contain an
agreement signed by all parties subject to the covenants providing that the parties agree to terminate or
alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion
thereof.
A plat alteration is classified as a Type II Permit unless a public hearing is requested pursuant to SVMC
20.50.020 below in which case the plat alteration shall be classified as a Type III Permit. Both permit
types shall be processed pursuant to SVMC 17.40 and in a manner consistent with RCW 58.17.215.
20.60.020 Final Plat Alterations Notice. Public Hearing. Decision. Filing Requirements.
Upon receipt of a completed application for a final plat alteration, the department shall provide notice of
the application to all owners of property within the subdivision, publication in an appropriate regional or
neighborhood newspaper or trade journal, and to those owners of property within (300) three hundred
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Planning Commission Recommended Title 20, Uniform Development Code
feet of that portion of the plat proposed for alteration. The notice shall include a statement that a public
hearing will not be required unless specifically requested within the timeframe indicated below.
If a public hearing is requested within 14 days of receipt of the notice, notice of the hearing shall be
provided as is set forth in SVMC 17.40.120.
Alterations to final plats may be approved if it is determined that the public use and interest will be served
by the alteration.
Following approval of an alteration, the applicant shall produce a revised drawing of the approved
alteration of the final plat, which shall be signed by the Director and filed with the Spokane County
Auditor's office to become the lawful plat of the property.
20.60.030 Final Short Plat Alterations. Notice. Decision. Filing Req jirerne-~nts.
Upon receipt of a completed application for a final short plat alteration, the :department shall provide
notice of the application to all owners of property within the subdivision; publication in an appropriate
regional or neighborhood newspaper or trade journal, and to those owners of-property adjacent to that
portion of the short plat proposed for alteration.
Alterations to final short plats may be approved by the Director, if the Director d t 0fiines that the public
use and interest will be served by the alteration.
Following approval of an alteration, the applicant shall produce a revised drawing of the approved
alteration of the final short plat, which shall be signed by the Director and filed with the Spokane County
Auditor's office to become the lawful plat of the property.
20.70 Plat Vacation
20.70.010 Plat Vacation Application.
An application may be submitted for the proposed• vacation of part or all of a plat. The application shall
contain the signatures of the majority, of those persons having an ownership interest of lots, tracts,
parcels, sites or division in the subject subdivision or a "portion to be vacated.
20.70.020 Plat Vacation - Process.
Vacation of a plat is classified as a Type III application: Upon submittal of a complete application for
vacation of plat,, the department shall process the plat vacation request pursuant to SVMC 17.40 and in a
manner consistent with RCW 58.17.212.
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Planning Commission Recommended Title 20, Uniform Development Code
O 20.80 Boundary Line Adiustments/Eliminations
20.80.010 Scope.
Boundary line adjustments shall be a minor alteration in the location of lot boundaries on existing lots.
The purpose of the boundary line elimination process is to remove interior lot lines of a parcel comprised
of two or more separate lots with contiguous ownership. Boundary line adjustments must be consistent
with the following: '
1. Such alteration shall not increase the number of lots nor diminish in size open space or other
protected environments.
2. Such alteration shall not diminish the size of any lot so as to-'result in a lot of less square
footage than prescribed in the zoning regulations.
3. Such alteration shall not result in the reduction of setbacks, or, site coverage to less than
prescribed by the zoning regulations.
4. All lots resulting from the boundary line alteration shall be in conformance with the design
standards of this chapter. \
20.80.020 Review Process.
Boundary line adjustments and eliminations are classified as Type I applications and shall be reviewed
pursuant to SVMC 17.40.
20.80.30 Application and DrawiniRequirements.
Application for a boundary line adjustment orrelimination,shall be made on forms provided by the
Department and shall provide the following infor'mati6n,-
1. Existing conditions site plan - produce a to-scale site plan-on an 8/Z x 11 inch sheet with one
inch margins on all.sides showing the following information:
a. The existing dimensions and square footage of the existing property/properties
involved;
b. The location and setbacks of any. improvements ( i.e. structures, septic systems,
etc.) from all property lines; \
c. The location and dimension of all access and utility easements; and
d. The location; dimensions and names of public and/or private streets abutting the
property(ies).
2. Proposed adjustment/elimination site plan - produce a to-scale plan on an 8'/z x 11 inch
sheet with one (1) inch margin on all sides showing the following information:
a.. The location and setbacks of any improvements (Le. structures, septic systems,
etc-) after the proposed boundary line adjustment or elimination from the new
property lines;
b. The location and dimension of any access or utility easements after the proposed
boundary line adjustment or elimination;
c. The location, dimensions and names of public and/or private streets abutting the
property(ies) after the proposed boundary line adjustment or elimination; and
d. Indicate old property lines with a dashed line and the new property lines with a solid
line.
3. On a separate sheet of paper (8 % x 11 inches) a written legal description for the existing
parcel(s) and the proposed adjusted or eliminated parcel(s) with one (1) inch margins on all
sides.
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Planning Commission Recommended Title 20, Uniform Development Code
4. One (1) copy each of all involved property owners' recorded deeds, verifying current
ownership of the subject property(ies). i
5. If available, submit a copy of an original plat for the subject property.
6. If the boundary line adjustment results in a decrease of distance between a property line and
any structure on the site to less than ten (10) feet from the required setback, a record of
survey of the property shall be completed to prove that no illegal building setbacks will be
created as a result of the boundary line adjustment. The survey must be completed by a
surveyor licensed in the State of Washington.
20.80.40 Recordation.
The Department shall record approved boundary line adjustments and eliminations with the Spokane
County Auditor's Office and submit copies of the recorded documents to the Spokane County Assessor's
Office. All fees for such recording shall be paid by the applicant prior to recording.
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