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2005, 03-08 Regular Meeting aCENUa SPUkA\E VALLEY C'ITl' CnUNCiL RFGL1I-Aft MfET1:VG #62 1'uc.rdai, 'lturcTi S. 2005 6:00 p.m. CITl' Ii4LL AT RF:UW(}OU PLA7_A i l'0' FASt Cprague Avcnuc, First M'lonr ('(tuncil Rrque.yts.AII C;Irrtraajc Devices br l'urned Off Uuriag Cuupcil Merting CALI. 7'(1 UFt4)ER I'N'QCATION: Pasaor Cr:iic: HaU, f?pparturiitti !'resi•,r•tcrinn C'hnr,h F'LFUGH:OF XL[_FC:IAhCF. ItOLL CAL[. _aPPEtCaN'aL (lF AGL•'NbA [\TROn[~("t'I!)% (1F SPFCIAL GUf STfi AND PItESENT,1T10\5 2004 hliss Sptii,anc Va11c,, Ambassa~iars: Andrea Flint. hlcstan Stecle. F:rititvnr %Lrstrnniinn Ct1MM1T'TIFF, BU.4Rn. !_lA1S()ti til!NTMAR1' K.EPQRTti NtA1'l)R'c tiF POR7 : Pl"BLIC COM1lN1ENTS For mcmttir~ t•f'Ihc f'ubli: tr =Pca4, ta the rcg<<rdinv n;uttcr<: N(1'I' un tbr AgendA. Plrv,v.state %,nur n.smc und addreSS fur thc reLOrd and li►nit remarks tci duer minutc 1. COYSF NT AGENTIA Conni~t4 of ilcrns considcred routinc whirh nrr approvrd as a gmup cluncilmrmhcr ma%l renmvc nn itrm £rom thr Cvnsini Agrnda tn be considcred separatel'.. ( Votr: Cauacil mat cntcrtAia A motinn tn waive mAding And arprove Coasent AgenJa.) n Approval ot' Spccinl Cotmcil Meeting Minutcs of 8:00 a.m.. Frhruary 2: ,?00-5 h. Appmval vt Regiilnr Counril lvIeeting N4inutcs of 6:04 p.m., f`cbruucy 2005 ~Approval otCuuncil%Cammissiancrs J<<int Mtvting Naw-s (if Februttr)-24, 200-5 ,l. .AppmvOl of CUlJf1C1I Sflld% Session Miriuces c-f N1xrLh 1. 2005 c Appsuvml of Pavrvll 0ffrtnuan•'_R, 200 5 of $ 117,794.59 ' -NrrnlvnI oftbe Fnl{nwing Vouchcr: VuUCFiEt I.IS7' VUUCHER fu7.aL ~ r3nTF Numbcr( s) VC)UC:I1E'R :'1MUl►N"I' r►2-18•05 633-i-6356 3 &47 5.8=: ll?-~~-US 6337-637$ 1.843,647.2; , i_ GRAND I'UTAL _1,882.213 n_I NEWBVSINESS Sccc,nd Reuding Prtil,owd ()rdirwnre (15-!)1 U, :lsscssmca}t itcimburscrircnt Area - Cw-% DrisIcll (public commcnt) Sccand Rcading Proposcd Ordinan%c 05-0l I Plucing Un Ballat, Annrxatioct to Spokonc Cc. l_ibran District - T4inn Rrgs-r (publfc cnmmrnti •S. C~LC~nri Rcalin~ f'r.~~ •.;~J tit.rnT~~,!trr !`►r~f~nnnce !1~-fi I~ .Ic~1~n I f,tirT:rin (put►lic cuwuirnt~ 5 l=irat Rcading ('ruposrd O►diusncc 05-012. Street Vac,3Uwn Arncndrncut tiluriiia Sukup/l'an I.)r»koll I putilic cammcnt1 6. Fitst Iteading; Urdinsncc 05-014 Rrvisioru to Nuisa»cC Coctc (garagc salcs) - Cary nriskcll ipublic cammentJ I:►-;t Ilcading Froposcd Ordinnnce 05-0I5 Rcnumk►ering llmform Dcvelopinent Cade- M9rinA Sukup (pubtlc commcntJ h. 1 ir~: ftcading Propc,~cd qrdinance 05-016 Ameading Signage Standurds- Mnrinu Sul:up (pnblic commenti `9otion Consideni►ion: Amendment ta Sensk-e Agreement, Ccntcnnial Trail Maintenance Scrvices Mikc. Jnckion (public rommcnt] ~ i~ Prc,ci~tsti~~n t~f llec~ue~! Mary Pallurd (rublIc eumment) f'URI.iC COh111t:\"I'ti for nwrtthcry ;,f thr Nuhli~ I(, =)ti_.1i: t+. •i-,c i -iuncil rebarding matter:. v1)'C on the :1gendu. I'Ic-usc si3lr Nuur numcanJ addrc;s ti,r ltic jecurd an:1 limii tutttarks (o thrLc nliniitrs. AD111ti1ti7'It47'11'1`7 RFPnRTS: inc, puhii.: ;;omment] 11 G1S System Agrec:ment with Spokanc County - Nina Regur 12, Revirl,k i_if (otnprchensive P[wt Hements (Capi!,i1 F:i:ilitic;l - A•1unna SukuE,itientt F:uhta tIN FO!2:'~iA"f1U\ OtiI.Y: (nol,unliccomnienc i 1; . Planning Comniission Minutcs rf lnnuan, _ 14. f'I»ntiini: i'ommis:ion klirliitrs of Fc}?rtiar~ 111. .U(l; Hegular C.'niuici! :11cc7iugs tur• generullilrcld :.'ud an~/ A" Turad~7F'a. hegr~tnirrg u~ t►: UU p.nc CouRCf! Sludy Se-ssions Rre grnrrtt!!}, held P. 3'" wid Stlr TuesJnvs, hegiAning cr16: UO p. m 01her Tcntruive Lrncnmini, AlerrlrLs.'E►,rxa•: .Ntarch i I-15. 1-005 -Cangrrssiorwl Cii} C'anfen:nce, Wt►shingtun, D.C. % t,irc;h 15. 2005 - No Cauncil titrctingor Swc3y Scssion kpril 13.2()05 - Conversatian K•ith thc Community, b p.rn. Prntt Elemtman, 6903 E d'" Ave lunc 11. 2(K)5 - Mid-YcarCounciVStsfT'ltctresit, 9 n.m. - noon NU IZC:E tndividusls plIInning tu ettend Uir mctting who frqufre special e:.-iistanoe to sanmmofaue phpsia►l, bearing. or ushrr ~ imp.timr:il•.. r!catx ,url t.ict I hc Ci!~ ('1:rk ar r5110ti q?1 -In(111.tt. vu"I u! flin: nrrnn„IMV!it~ mA~ "•c nL~::~ .t._~I _,:r,+ii~..n~.;'~',._,~u•,~t,ii_: F'agc?u:2 Iar;iR MrNU`rEs ~ Cihr o1' Spokane Vallcy City Council Speciiil vl.eeting Fcbruar), 22, 2004 8:00 a.m. Mayor Wilhite called the meeting tn order at 8:00 a.m. A1lr.ndnilce: Councilmembers: Staff: Maynr Wilhite Nina Regor Deputy City Manager CoLuycilmember Schiminels Caty Iariskell, Ueputy City Attoiyiey Councilmember Taylor Chris Bainbridge, City Cleri: Councilmember Dene,nny Councilmember DeVleming Othcrs: Mike Huffin3n, Valley News Herald Abscnt: Ueputy Mayor Munson Cowicilmerriber rlanigan TOPIC: To consider a motion to authorize the C'ity tilana;er or designee, to sig-n a lettcr to the 17epartment of Ecology rel;iting to terms under which the; City NVOuld ijgree tq wit.hdraw the Use Attainability Analysis Petition. i~ Mayor Wilhite announced chat this morninL,`s meeting concerns the Use Artainability Analysis. . In response to a motion reque.st from Mayar Wilhite; it wcsc move.d by Councilmlentbe►• Tirnlor, secorrcled b» Cnurrcilnlember laener7izy, atrd ttrtunimously ugreed upon iv e.rcu.re Departy Mcry'or 1tlurrson ond Cotancilinember Flanigr.rir fi-ona llris i,leering as tlrey werE rnrcible to crlreild. kOLL CALL: Gity Clerl: IIeinbridge called rpll; all present except exeused Deputy Mayor eVlwnson and Counc.ilmember Ftani(fan. fn regard t:o the Use Attainability Study, it was irtovetl by itlm~or Fi~ilhite and sccoiided by Coinrcilirteii7ber Scllirir»rels to autlror•i:e the Cii), r19anuger or desigrree !o sigrr a(etier to the Depc,rrmerrr of l:cvlo&qy relatrng tn the ternas trttcter Whic6t the Ci!>> would agree to 1vi11rdrcr,v the U.se AIIGJIi?GbfI!!y rlna~ysis 1'etitlorl ►vithoid prejridice. Ueputy Ciiy ManaRer R.egor expiained the background of tlic petition, and stated ihai therz has been fwlher activity includinD a regional meeting last Nklednesday afiernoon; that at chat meetiriL, a>>wroximately 50 peUple and inte.resced parties went througll the terms of a drafr lettcr thac iternized the conditions under which the regional discha►-gers would agi•ee to volwitarily withd,•aw the UAA (Use At[ainability Analysis) petition withoui prejuclice, penctinb negotiations of loacJ levels witf►in the dratt TMUL (tota1 i-naximum dail), load) repqrt, iind the development of a comprehensive Use Attainabili[y Analp;is report; she said Council now has before ii a drafi letter which is due to go out at noon today. Ms. Regor saicl that originally this mat7:er Nvas schedlilt;d ror ihiS evening's rcgular c4uncil meeting which was based upoi7 the deadline t:he dischargers iigreed to wiehctraw the petition; which is Februitry 25: that in - the prncess of netotiating afl(I CIISC•l1SSlila the condit.ions under which the dischargers and the DOE (Department of Ecology) could agree to the voluntary withdraw; it becariie evideni ttiat the wit.lidraw woulcl neeti to take place the day prior to the cleadline or hy 5:00 p.m. 1'ebruary 24, 2005; kuid backin5 Council i\qinutes: 2-22-05 1'age I of 3 Approved by Council: Ura R irito that timeline, the deadline for sending chis lettcr out is noon today. Ms. Regor explained some of the - terms and mtnlioneel thaC tlie.re have been some minor changes and she proceeded to outline the ~ conditions containetl in the letter; and explained that "without prejudice" means that if as part of this whole process, we tleterrnine it is still in our best inierests to re-institute the petition, we have the right to do so. Ms. Regor mcntioned thcre were also a few changes in the 1'ebruaiy 18, 2005 letter: 1. pape 2, third bullet regarding, the Use Atuiinability A.nalysis - Chat has been brol:en o«t intn a separ3te number ratriex than a suM-bullet oi tt3; 2. page one in the introductory sectinn, boctom of paragraph one addressing the topic of the Spokane River segments not being on the 303(d) list of "impaired waters" f"or dissolved oxygen - t:hat sentence has been removed from the final version that they propose sending. n1s. fZegor said that the E Pr1 re.presentative at last Wednesday's afternoon mee[ing indicated that he did not see the, connection betwceii being on the 303(d) list since we were alreacly there, ancl t_ying that in to the negoti2tion of the TMDL and the UAn for future use of the River. Ms. Rcaor then asked if Deputy Cily Aitorney Driskell could cliiriFy the motion, and asked if the motion implied that the City Manager or designee is authorized to actually siyn the witlidraw authorization if the c:anditions are met. Deputy Cit}' /tttorney Urisl(ell stated that he feels that wroiald be implied b_y authorizing the City Managee or desi~nee to sipn the letter, but for cl~~rity*s sake; it might be better t:o modify the inotion co state that the motion woulcl authorize the Cit), Manager or designee to sign the letter outlining the conditions unon wMich the petition would be withdrawn. Mr. Driskell also suggested CAUncil consider authorizing the City Manaocr or dcsignec t:o aclually sign the withdraw of the pekit:ion if all of these conditions are substantially iliet. Councilmembcr DeVleming askcci liow this limits us on what we can do in the futurc as tFie bullet on paLc two states tliat "limitations based on the County eonstructing and ope.ratina a final eifluent filtration wastewater treatiiient plant for at least 20 ycars" - and asked if that locl:s «s in with the County's time qeriod. Attorney Driskell st<it.ed t:hat regarding assumption, that would not kcep us 1'rom assuming. Councilmember DeVlerning also asked how thi5 w0uld affect the loan that DOE was prornising the Cnunty. Ms, Regnr said that the loan was not mentioned in this process and staff does not have those details. Councilmembcr Denenny stateci that the loan itself rvas withdrawn and is baek up for bids, so we. Nvould have to re-apply because oi'the time frame. Mayor VVilliite inviled public comment; no commerics were offeeed. Vote on nroriot? to a7rt6rarize the City Aqcuruger or (lcsignee 1u sign a leiter to the Deparlment vf Fcalogy relatirrg !o tei-ins ur7de►• ►vhich the Crt), would agr•ee to witlidi•uw the Use iltlaiita6ilihJ Anulysis petiirorl without prejudree: Yote bu Acclamation: In 1%rrvof•: Urrcrninaous. UpposecL• Nnne. Ahstentioris: Noire. A,fntian carrretl. [t was irJoved b)+ Cotrrrcilmember Derrenirv und secotrded by Coarncilmeirrbei- Tcrylar to airllaorize the City A,lai7ager or <.Icesigrree ro cnUthor•i:e sigyring vf the ,virl7di-m,, pelitiort rf all eurrc'lilrans as set fnrtlt irl thc prinr approved letter are .substantiully met. Councilmernber DeVleming asl:ccl haw the word "suUstantially" Wroulci be defined. L7eputy City ManaLer Regor said that gi<<en the timeframe, staff can retuiii to Council if thcre are substantial chAnoes. Deputy City Actorney Driskell added that he can anticipate that not everyihing will be exactly as set farch in the letter, but will he close and everyone will be able to recognize substantia] chanEes if there are any, and iC Council does no[ fieel eomforl:able with that; we could set up a seconc! eouncil meeting. Counc.iliiiember Denenny said regarding the wortl "substantial," one should examine the intent of ihe letter, which is to , i allow a window Of opporr.unity for negotiations to occur; a schedule for implementation that allows (or Council lvlinutes: 2-22-05 1'agc 2 of; Approved b_y Cotincil: Draft financing long enc,ugh ancl other than Nvord-smithing, to allow thc intent co move along thrqubh negokiaiions with implementation. i'vlaYOr Vl'ilhite added thac we Nvant to ensure Lhar the River continues toward cle.m-up; and one of fhe big pieces is that we want io be flble co get a waste, load allocation so that We call move forNvard wich the process of building the wastewater treatment plant; and that in regard to the word "substantial," t.hat Cnunc.il and staFf woulcl rcly iapon Councilmember Denenny to monitor the process. Councilmember Denenny mentioned t.hat if there Were substantial changes in this or chanies wlIICiI alcered the intent; notification of Cotincil wrould be made and if scrnng enouti;h changes, the issue Nvould need to be rc-visited. vis. Regor said that if thc it:ems listed in the letier are not addressed in some form, that woultl be considerecl a substaniial difference, especially whe.n examining the bulleted icems under the curreiit U. Councilmember Denenny 5il1d fhal CIlfL11bC•S Nvill occur as other jurisdictions exsmine this; and as they corrie back he doubts if anyone who has been involved in lhis will do an_ything other then try to strengthen ihis. Ms. Regor said if Nve are to agree ta the withdraw from the petition, that withclraw rieeds co bc accomplishsd by 5:00 p.m- "Chursday; and orlce nOF has receiveci this letter, t:hey have 24 haLu•s to decide hc,w they will resliond; whic;h we foresee accurring Wednesda}t. Councilmember Denenny added chat it appears tltere is a timeframe in place that: if there are substantial changes it would be fonvarded back to Council for additional review; ihat this letter must be in by noon ioday and all the remaining elernenls must be act;omplishecl Liy Thursday. NL•iyor Wilhite said that L7UE has statecl t.hat the.y 4vould make a detenninacion by I=rida_y; and ir they should not agree to nne of the prpvisiUns, tJlis issue can be put bacl: on Council's agenda for Tuesciay. vls. Re.aor stated that they have agreed to this tight timeframe in Nvhieh to respond and Nvill responcl within 24 hours of receipl af tliis leiter, snd staff ~,vill inForm Cauncil by the end of the day tomorr~~~, what; if any, resporisc wAS received from llOE. Councilmernber Taylor stated t.hat: if'there is any chtinge, thai according to nl on the letter "the UAA petition can be resubmip.ccl by an individual 14etilioner or all of the f'etitioners at any time without additional data or analysis." Vote dn lI10l10J7 to authorrze the City A4unuger or desi,;nee to aullrari:.e sigTllflg of the Ut1.9 ►vitlydrtnv petition if all conditrons as ser fortlr rir the letrer trre subscunlicrlly rr7et. Pnte by A cclanratiorr: Irl Ftrnor: Uirnninloi.rs. Opposecl: Arare. Absteirtiolls: ?Vone. M. ation carrred. lt was moved, se.conded, and unanimouSly aoreed upon to adjoum. The meeting adjourned at. 8:25 a.m. Diana Wilhite, Mayor A7I'TST: Christine 13ainbriclbc, Ciry Clerk ~ / Cowticil Minutes: 2-22-05 I'age 3 of 3 Approved by Council; I~iaft ~ j 1'IINUTES Cicy Of Spokane Valley Cih' Council 1Zcgulfir i19.eeting Tuesday, February 22, 2005 Mayor Wilhice called the ineetino to order at 6:00 p.m., and welcomect evcryone to the 61 ineetino i1 tlenclrrrrce: Diana Wilhite, MayOr Nina R.erUr, IaeputY Ciry Manager St:eve Taylor, Councilmember Cary DriskelL Deputy Cif}' Attorncy Gar~y SCI11111111zIS, Councilmember 1<en '1'hompson, Financc [airectqr Mike t'1i1111gijn, Courieilmember ,lohn l-ToIirTian, Senior Engineer Mike L)eVleming, Councilmember Tom Scholtens, Building Official Diek laenenny, Councilmember vlike Jaclcson, Aar1:s and Rec.reatiqn Director Cal Wallcer, Police Chief Steve Worley, Senior rngineer Absetit: Gre- ":Bing" Bingaman, 1"1' Specialist Rich Murison, laepwty Mayour Chris Bainbridge, City Clerl: Tl17VOCA'1'1ON: l'astor Bariy Foster, Valleypoint at Pines gave the invocation. 1'LL'"DCTI; OF r1_LI..EGLANCL Ma}ror Wilhite lecl l.hc Pfedge of Allegiance. ROLL CALL It ►vas moved by Cotnrcilnaenrbe.r Denenr~y ariCl scco►rtletl hy CotoicilntenrGer• De 117enring, rn exci.rse Depirty Mcr;vor rti9unsorl,frnnr tortight's meelir:g. Vote by ACCIC1117GI1Q11' I)7 f'QvOY.' UIICIIJII)10LIS. Opposecl: Notre. tlhsterrtiotr.s: iVvrre. Motiori ecrrried. APPKOVt1L OF ACFNTDA !t ti>>us naovetl by Coi.rrrciln:ember Deil'leming, secortded h}, Coznlcilmember Flanigun, uirr.l ununinrnusly agreed upuia ta apprvvc flre cr,nn.nrled ageirda as presei7iec1. CONINLITTL.L, MA.It]), T1iATSQN SUM1VIA12Y ItL1'(UR'I'S Councilmembe►- Schimmels: renorted that he attended last week's AWC legislator*s conference in Olympia. Councilr►iember Taylor: mentioned lhAt he also attrnclcd t:he AWC lc•gislator coriference: chat taday he was part of a conference e.all [o tlie Assistant Secretary o1' Commerce whe_re discussion was held reoarding changes to be made to federal developmcnc grants, includino the CTaT3G (Comrr►uniry Development Block Grant), anti lhat dle. issue will contiiiucd to be monitored. Councilmember 1'Ianigan: stat.ed thac he attended a five-li4ur Publie. I•Iealth District retreat last week eonerrning policl' and direction ror the district.. Councilmember Denenny: announced dhat there will be a STt1 (Spokane Transic Authority) meeting Thursday night and prior to that meeting, apublic. hearirig will lae held regarding raLite changcs, and he encouraged all interestc;d parties 1o come and testify. Councilrnernber DeVlemirip: repoiled that the SAC (Student Advisoty Council) is addressing issues such as «uns in schools• and they ~vill hopefi.illy inrQl~fe the Sherifi' and Police Depairttilent, and mental health representatives tc~~ adcfress soiiie of the IlOt11QICS5 and ti-ansient issues; and that lie also attendcd a Centennial Trail Botird re[reat. Council Mcetin~: 02•22-05 Pagc 1 of 4 . Approveci by Council: Draft MAYOR'S REI'ORT: Mayor V1'ilhite reported that the CounciUStaff winter re[reat was hcld last Sai.urday; that sMe attended a Spokane Horneowners Resource Center T3oard meeting; an EnC (Economic L7evGlppmenl Counc.il) annual meeting, and rne.ntioned that the lJniversity of Phoenix now has a c.lassroom facility in our City; l that shc attendecl interviews for Fire District #1 fii•e chief and attended a reception for retiring Chief Grover: and announcsd that the new fire chicf is Mike Thompson, scheduled 1.o start Marcli l'i.JBL1C COMV1L:i\TTS A9a}ror Wilhite invited public commenr, no comments were ofl'ered. 1. CONSENT AGL"Nf)A Consis[s ot items considered routine which are appruvetl as a group. A Counciimember may remove an item from the Cansent Agenda to be consi<lere.d separal.cly. (il7ote: Counc:il may cntertain a motion to wHive reading and approve Cortsent Agenda.) a. Approval of Regular Council Nlesting Minutes of February S, 2005 b. Approval of Council Workshop \btes of February 12, 2005 c. Approval of Council Study Session Minutes of February 15, 2005 d. Approval of Payroll of February 15, 2005 of $104:534.20 e. Approval ofthe. l'ollowing Vouchers: VOiJCI-CEIZ IIST VOUCWER TOTr1I, D.q"1"E Number(s) VOUCk-1E12 AIv10Ul\iT 02-04-05 6259-6293 less 6265) 62.581.96 02-] l-OS 6294-6326 39~,330.E4 GR,qN17 TOTA[.. A60,912.6f.1 It lvas ntuved h), Couticilmeiither DeYleming arrd secazded by CotnicilmemGer Flrnliguii to wtrive reading Qnd approve tJre Consei7t .Agetula. Vote by Acclunrtrtion: Irr Favor' (hnunimoars. Opposed.• 1Vone. Abslenliorrs: 1Votre. h9otron cnrriEd. 1~` f QLD l3USiWFSS: 2 Unfinished F3usiness: Tabled Item: Loclping Tax Advisory Commitcee tlppoiiitment - Diana WilM+te lr ivas moved by Mcryor Wilhite ntid secorlded b>> Coturcilirlernber Flariigtrn tn rennove tlris i,szie fi-om the table, Vote by Acclnmativn: In Ftrvor: Unurtrnious. Opposed: None. Abstentions: None. Motiall cc+rrietl. !t was »toved by Corfncilmenlher Flrnrigaia and .reconded by Cowvcilntember Derrenny to co~tfrrira the iWcryoral apporntrrrerit of l iz Beck to the Lodgging Tax Aclvtsnry Conrmittec fo+, a term of hwo yeurs, Yote by•Acclamation: In ravor: Urlcrninrnus. Opposed: None. Abstentiorrs~ 1Vone. Motiotr carried. Ir was nuved Gy COLlI7ClIINB!)1JJEY FIGI)JtgC117 urrd seconded hy Coui2cilrnenpber Denen?7y to corfirnl the yoral appuintments of Neg& Doei-ing antl Liscr Bracco to rlae I_.nd~ing 7gx Advfa•or,v Cc~rnnritree for a ternn of onc year aird hvo yem:r respeclrvely. `9ayor Wtlhite invited public comment: Tony La-ranis asked for hackground information on the proposed anpointees and what they would be doinb. Councilmetnber F'lanig811 aSVe 1 brief background on each candidate, llote bi, Acclanaatiort: In Failar,- LI)1L7)7111702LS. OppvsEil: 1lrnrle. Abstentlons: iVone. Motiorr carrietl. N-EW l3iJSTNESS 3 rirst ]teeding Praposed Orclinance 05-01 l Placinp, fan Ballot. Annexation to Spokane Co. LibrarZ District -Nina Reaor ge read lhe ordinance tiile, i1 i>>as n7oved by Cot.ntciltrtentber Tuylot- und Afier Cin' Clerk $ainbrido secontrer.l ky CnutrcilmemGer Der,7emingto ud►,ayice orclirzaizce 05-U11 to a sec.orad reailin6. Iaenuty City ~ Vlanitger Re.oor explained the issue as previously discussed at lhe T'ebruary S. 2005 coimcil meeting, and went through the timeline necessary to nlace the matter on the ballot. She alsa mentioncd that the sixdi "Whereas" on the ordinance Wrould change to an eEfective date of January l, 2006 rather than Dec.embe.r Council Me?ting: 02-22-05 Pagc 2 of 4 .Approve.d by CounCil: 17rai7 31, 2005. Vlayor VJilllitc invited public comiTient. Tony I..arsnis flskcd several yucstions epnccrning the lihrary's budget, the library's reserves, and the need for another facility. Nlayor Wilhite responded by suggesCing Nlr. Lavmis acctuirc those figures fi•om the l.ibrau-y. .Af'ter brief discussiqn coricernin" whct:hcr to sLispenci the rules, it was determined that the timeline is such that suspending the rules would not be- necessary. POIN hll .ACCJQ111QIICJIl: I1J FCfVOP: UlICIJ1117101lS. OJJfJGSL'CI: A1611L'. 11bS1L'l711UlJS: IVUne. iWU1l0ll l,'CJl7'!G'd. 4 Firsf Reaciiniz Proposctl Stormwatcr Qrdiiisnce. 05-0 t3 - John Mohman AFt.er City Clerk Bainbridge read the ordinance title, it «ms movecl h±+ CouriciJmemhtr Tavlor und seconded by Councrlnrember DeNen7in~,I !o (idvunce ortlincmce 05-013 to n secolld rerrclirrg. Senior 6ngineer Hohman cxnlained the changes as per the draft; highlightcd orclinanee, II1ClIICIItIa a rroposed cliange of the word "shall" to "may" under section 10.09.08.07: "Drainage ponds and swales located in Garrison or other staiidard sails shAlE rriiv use the equation below ro determine the size ai' iJ,e faciliry." Ma_ynr VVilhite invited public comment. Dick Behm, 3626 S Ridgeview Drive, st:ated he would like to see the delinicion of "property owner" to include all government entities, schools, etc, as the words "property owncr" are too broad and can be too easily miseonstrued, Deputy Ciry Attorney Driskell explained that the Ccn7i is clearly defined within the law and he cjoes not ncrceive thai as a potential problem. AFter brief council discussion it was Couni;il consensus to chanee the word "shall" to "may" its eaplained above. vfayor Wilhite inviCi;tl fiirt:her Jwhlic coiiiment; no further Lomrrients were oficred. Vote byAcclamatfon: In Favur: Uiiunirnous. Oppo.eecl., ?Vorre. Absteratiorrs: None. A9rtron ccirried. ' ~ien_gA-A_R~~~ ~ fvt} ]temovecl from tlje agenda as the issue was aeldressect at: t:he spe.cial February 22; 2005, 3:00 a.m, meeCinn. 5. -67 Motion Gonsideration• Local Ageilcv Agreement Federal Aid Project Praspectus - Steve Worley_ a. Uishman-Mica koacl Prc,ject 4 ' It was moved by Ivlu~~or ~T'illzile cmc! secorrded to authorize i~re Crry 1lqrniager or desigmee to e.cecule ll7e l:ocal Agency Agreements (for each phase of the projecl Us necdccl) cr,ul I'rojecr Pro,cpectus for the Dlt'hL1tC711-Aq1CQ Roacl Kellabilitatiarr Prc#eet. Engiilecr Worley explained ihat this is more of a housekeeping itern, that the grant was previously apprqved as was the list of projects as they are all part of che six-ycar transportation progi-am, and we now neetl the agreements and proje.ct rrospectus signed. Mayor Wilhite invited public comment; na c:ornmcnts were affered. Vnte !jy Acclanrurrnll: ha Favor: Urrunimoals. Oppo.ced.• 1Vone. Abstentions: i1lone. Motioii carried b. E3roadwav Project !r wns mo>>ed bi% Councrlirrember Flurtigan and .cecanded by Coto7ci1men7ber Denelury to aulltorize !!re City Alumcrger o1- designee to execcrte the Local AQerlcy A,gree.nrcnts (~or each plTCrse of lhE p+•oject crs ilcer,ir_d) and Frojecr P,•nspcctus_j'or the Brvcul%vay.Al~errue Ovi:rlay 1'rnJect. F.ngineer Worle.y explained thn[ tl'iis is tlle same situation as the item just approved. Mayor Wilhite invited public commcnt; no comments weI"E% OfrCTCCI. TlOIN bt; ACCILJIIlClll01T: I11 FQ1+0!': Ui7G/111120t(S. OppOSBd: lVO11E. AbSIeTJI1011S: rVnne. iiqnriar carrred. c. Appleway F'rAiect Jt was ►rroved Uy Coenrcilnien7Ger T°aylor niid secaided by Cnuncilnrenrber Deirerriri; rv authorize the Crty Manager ot, clcysigrzce tn exec7.rte the I.ocUlAgerrc>>Agreeirlerrts (for er,cfr phurse oi the p►•qjecr as 17eeclecl) ou1r1 Pr-nJect Prospectiis fa- the Broadway 1'i'oject. Mayor Wilhite invited public commenc; no comments were offered. 1late b>> Acclumatiorr: Irr Fu%,or•: Ununimozrs. Opposed: tN'one. Abstentio,ts: Notle. A9orron carried. 6. ivtotion Consideration: Student Advisorv Council LTse of Spokane Vallev Cit Logo - Councilmember [)eN'leming li tiras ritoved by Coarsrcilmernber DeiIlenring uiid secur7ded bi- Councilmemher Flunigcrrl 11tu1 Cvuncrl appro>>e the use of the City laga vrr Ihe ,Stmeiefar Au'visoi.y Cauncil letrerheacr'. Coumcilmember DeVleming explained that the Student Advisory Council is a sanctione(i portion of our government anci thac the}, have now drafted their letterheacl, and would like apnroval to include the City of Spokane. Valley looo. Mayor Council A9eetinp: 02-22-05 Page 3 oC4 .Appruvcd b), C:ouncil: Un, ft Wilhite invitcd public comment; no cammenks were offered. Vole by .9cclamcrrio,r: Lr Fuva•: 1,1nanimous. Opposed: 1Vone. Abstendians: None. j1qotron ccn•ried F'iJBLIC COAIVIFNTS: Na comments were offered; althotigh there was hrief discussion c.oncerning the process for t:aking public comments. It was determined that the issue can be further diseGisse.d when thc Governance Manual is reviewed later diis year foi- pocential changes. ADM_LN1STRA11VF.. RCl'ORTS: [no public comment] 7 ReviSions to Nuisance Code (gara,e sales) - CarY Driske_ll L)epuh' City Ariorne}' Drisl:ell stated that Couneil previously discusseCl some on-goinp problems last mon[h concerninp certain neighborhaods where some eiti7xns have what appears to be perpetual yard ;ales; and that the proposed ardinance would amend the eurre.nt nuisance ordinance to inclutle the definition oi' a yarci sale, and that holding such yarct sale on a frequent basis, as stated in the proposed ordinance, would he pl•ohibilcd. 'I"here was some Council discussion on the clefinition of a S3ersonal item, of addressing the selling of motori-r.ed vehicles, and of the intent to address the properry owmer who uses cheir residEntial property for a perpetual _yard/garaoe sale. 1t was Council consensus lo move this item forward for a first reacting. 8. Centerl'Iace Fiber Conne.ction - Mike Jackson Parl:s an<1 Recreation Director JaekSOn etplained that based on the premise that CenterPlace, will be technologically advanced, staff has been researching various options for telephone and internec servicc including high speed/high eapacity internet, wireless services, and vidco conferencing; and that the option recommended by staff is "liY" fiber aiid full intcrnet services provided by Time VVarner, lnc. Mr. .Iacl:son also esplained that there would be a one-cime installaeion feQ of $45,000 to run fiber lo the building, and a fxed monthly cost of $2,300 for fve years, and that at the end of that period, the fee would be re- negotiatecl. IT Specialist Bingaman explained the issues stirrounding fiber, internet, and phone costs; inclutling t7ber versus T-1; dark fiber and lit fiber, and cost to build and monfhly re-oeeurring cosLs; aciding that as cechnology continues tn evrolve, fiber is the choice nver T-l; although it was mentioned that ihe Colle~c Nvill be using T-1 for cheir c~wn purposes. Council discussion included the investment necessai_y for a high-tech facility, t:he primary uses of t.l1e facility, backup consideration, and all the aeeompanying costs. It was Counc:il eonsensus to movro this issus: foitivard for a future motion (wiih Councilmember I'aylor voicing his opposiCion due to cost). Councilmember Taylor indicated hc would like an arialysis of whn we cxpect to use the services, and how mucli (and how) we expect to recover some of the costs in rcnting out the facilivy, incltiding what staff Nvill use and taking int:o consideriticn the uses nf I.he Senior Cenler. As there was no furtt►er business, it was movcd by Councilmcmber Nlanigan, seconded by Councilmemher DeVleming, and unanimausly agreed upon to adjourn. The meeting adjUUrned at 7:31 p.m. Uiana Wilhite, Mayor ,A°]"'CEST: Ghristine Bainbridge, City Clerk ~ i Council A4eeting: 02-22-05 Pagr 4 of-t ,qppruved b}' Council: CTTY 01y SPOKAn°E V.aLr.,E.>> Nutes Joint City CounciU Spokanc Ctiuuty Cornmissinn Mceting Thurscfay, Februar), 24, 2005 12:00 P.m. -1:30 p.vi. :1 rrenrlancc: Gotmcilmeinbei-s: Cotnrty Cnnurli,s,rioner,s ,Stuff ~titayar Wilhite I'hillip D. Harris; Chair Dave Mercier, Ci _ry Manager Councilmember Denenny Todcl Miell:e; Vice-Chair Nina R.eLor, Deputy City Manager Councilmember Schirnmels Mark Richard, Cnmmissioner Cal Walker, Ciry Palice Ghief Councilmember "I"aylor Milce Jacl:son, City T'HrJcs & Itec Director Cotjncili7iember DeVleming Chris Bainbridge, City Clerk Marshall Farnell. Co. Chief Exc. Officer Bivice Rawls, Co. Utilities llirector Koss l(elly, County L-ngineer Jim Emacio, Counh, Attorney ALserrt: peputy Mayor Munson Councilmember i'lani~an Mayour Wilhite called the me.eting co orcler ancl welcomed the County Comtnissioners, staff and others to the meecing; she mencioned that this will be aworking lunch meeting to discuss issues of sliared inceresc. AfYer infrocluctions nf Councilmembers and Commissioncrs, Mayor Wilhite a.nnounced that one of the goals of the ~ Ciry is to be represent.ed on a number of boards and commissions af which we would have an interest in Clie outcomes and decisions, and then turned the floor to Commissioner Riehard to begin discussion on the 911 Board position. 911 Baard: Commissioner Richarcl indicated he had previous coiivcrsations with several Councilmembers concernino the 911 Bosrd and of our intei-est in having a role on that board; he sraied chac chey had apresentation from their staff regarding the. 91 1Board to get tlieir and the Board's views on the current makeup and the possibility of having an additional board membcr t:o be flled b?, a City of Spokane Valley representative. Vir. R.ichard stated that. the scarf and board had eoncerns regarding the board composition, that althOugh t:here is a posiiion fior small towns and cities other than the City of Spalcane, there is no rcpresentacion from an}r othcr municipalit), ancl in comments received by Commissioners; thcre is representation from the Fire L7istrict and a fe\~, citizen pbsitions, one of who resides in the valley, so lhere is valley r-rpresentation. Mr. Richarcl statecl he feels the argumcnt frqm the Cit:y of Spol:ane Valley in favor of having a board position is a favrorable arpwnent reclardint the amount of money whictl comes within the City's bouridaries to fund the 911 program and services, and that he feels the City's c;onc.erns are valid. Mr. Riehard st<ited that he had conversations with Chief Walker reytjrding having amunicipality on the board now and what. WOuld happen when I..ihcrty Lake and Cheney ako voice their desire to be on that board. Mr. R.ichard stateti that it was cOnSidered ta have 111c City oFSpokane Valle.y Police. Chief fll a new slnt on the board. Commissioner Richard s[aterl chat his viewpoint is that with the amount of funcls from the City of Spokane Valley antl the population, thal such papulation is much Iiirger than the several smallcr cities; antl for those reasons and because the City desires to have gre<iter representation, diai he per5onally sees no ha.rm in provicling a baard position ior eiiher the Police Chief for Spokane Valle_y; or a representative eicher from a citizen, Councilmember or elsewhere. - Commissioricr Miell:e said that he too h1s re-<<i;iced diis issue; ti13I in Iooking at the orivinal boctrcl composiCion, it was aboard coinposed primarily of first responders such as fire and police; and in lopking at I 2005, 02-24 Count City/Cpunty \Reeting Paee 1 of 4 • that represencat:ion, there were S4nie juristliCtionS thtlt have flre and police in-house - such as the. C-in, of Spol:ane; and since he assumed this was a board of frst responders, and as the Cie>> ot` Spol;ane \'alley contracis for those services, perhaps the representation should be There. Mr. Mielke saic! Me is open to furtiier consideration of'the board's make-up. Commissioner 14ai7is stated that. thc; 911 Board is supported My phone taa - hoth landline and cell phone, antl in Ieoking at the number of the telephones in the Ciry of Spokane VaIIey, ihose ilumbers far oucweigh other places; that the Small Town Mayors' Association and the small towns would not feel slighted if there was a position on the 911 Board by the City bec.ause they only Dathered together originally so [hat t:hey would have some strength and a voicc; and that will not ehange if the City of Spokctne VaIlcy were included. Cornmissioner Harris said that he feels a11 lhrce commissioners are in itgreement and tiiere is no i-eason why the City should nol have rspresenta[ion on that Board; that their original position was taken because the 911 Board was the entity which recommencled it not be done; and «<hile the County Commissioners do not control the Board, they can make the decision to allnw a position on the Board. Mr. I•larris said that this agenda was adverrised in such 3 'way that a decision eiui be made at this meeting; and if itivo commissioners want to do so that cail be accomplished. Mayor VVilhite added ChiiL CU(Iily's pLu-pose is to have diillogue and they did not Want to suggest that a decision shoulcl bc made on this or olher issucs. Mr. Richard asl:ed if Council preferrecl eo have a c4uncilmembcr appointed or the Police Chief, or a citi7en selected by the Councilmembers. Cauneilmember UeVlemin-r- stated that he felt the original intent was to have a councilmember as representative; othcr Ceuncilmeitibers concurred, and stated the need for Council consensus on the representativc. Cominissioilcr Harris stated that if someone wcre to make a motion, it could be erafted to state tnat the City of Spokane Valley is recognizcd to have a position on the 911 ]3oard; and the City Councilmembers could decide who that person would be. Commissioner Mielke asked whether the Commissioners have ultimate audiority to establish that Board's membership. Artorney Emacio explainecl thal the Count:y Commissioners establisll the Board and can cletermine the Board's composition. It was moved by Conimissioner• Riclaard to expand the carrrerit 911 13ourtl io inclicde u representative fran the C'in, of Spokane Vulley at the rytajority vf the Couticil 's selection. Carrnnissianer Ncrrris stated tlrat ir i.s the urzanimota dectsinn of 1lae Iiorn•d af Couilty Conrnrissioners tlaat Spokaiae l.allcy he cillocated a positiorr as the_y desigr7cite, oor the 911 Board. lZadin Communication svstems - updatc on status Mayar Wilhite stated chat Police Chief Walker will give a repori and upclate on the radio communicatiun sYStem. Commissioner Mie_Ike statcd that an issue on which he seeks clarification, is that they had a proposal which came to tMem after the passa~e of the crimitial .justic~e fhinding/public safety fLl[1CIlI1g U3Ck in September, on a cominunication system, for approximatcly $12 million over fve or seven ycars, and sinee then it seems Chere have hee.n updates on the system, on perliaps separate efforts on part af the current syst:ern; and reQa3•ding the automobile eomrri unieation system direct access, voice communicati4n, and digital c.ommunication, he feels we should determine what kind of system we are trying to obtain, at'fix a dollar amouiit tn thac; and tiicn deiei-mine liow to mowe Conward. Chief Wtifker explained that << stud_y was comrnissioned in 2002 and was conducted by Ac{ Cotn Engineering, ar►tl this report [notebook size document of the 6ngineer cornpany's repoirt;l was distributed in 2003. Chief Walker explained that tlle report ends in proposine three recommendations as to procedure; and contains information on what works, what works in the automobiles wit.h the M(aC (Vlobile Data Computer), and does the systsm wnrk for fire, police; pagers; e[c., and how all that works or is tied into the current infras[nii;ttn-e ancl hcnv it aII affects laNv enfors;ement. firi, roads, engineers; and all other safery aspects. Chief Walker staced thac [he study was conimissioned because, nf the need for a system ta handle a county regional system at the sanle time it handles a smaller system for the city. He mentioneci that the CounCy system has limpecl on for scveral years but is technologically behind; and if there were. a disaster, how Nvould 2005, 02-24 Cc►unt Ciry/County Meeting Page. 2 of 4 ~ it be handletl; for example what steps would be taken if during a disaster all cell pliones were bus>>, or if fire arid Police could not communic;ate, or respondeis coulcl not get inco a specific arca; he statt.d tliat tlci Com ~ Lngine.erini: was asked to report on thc cuiren[ state of our infirastrueture, which curriulaces inro the ieport. From that report, Chief Walker e:xplained, he gleaned three main choices or recommen(lations: l) upgrade tlic analogue system: which is a t:hree tn five-yev- proje,ct, which cOuld mean a $3 million infiux for site itnprovemcnts; $1.6 million influx of cash to upgrade failing microwtives, and approximately $,5 million each year to allocate for parts as analogue. parts are now illegal and are no longer manufacturecl, which i31so takes into consideration assocititecl FCC regulations. 2) trunk system sirnilar to whitt is used in the Seaitlc area; the cost for such a system is approxi»iate.ly $44 million; and to add ncw tcehnology to the system ior all tcn siles; would be in exccss of Sl million per site (I:eeping in mind these are 2002 figures). 3) rebuild and re-organize the existing VHF analn121ue system; this qption Would include adding coverage to plug somc `tioles" in paging capabilities, and give some interoperabilit_y to the system, plus add channels; this tivould not: be ari "end-aII resulY" but would be a viable plan which would cost aboui. $25 million; since this plan could be phased in; this was the hi~hly recommended plan. Chief Wal{:er alsa lead discussion on bond options used; future borid consideration. Senate l3i11 5887, general funcling issues includino use of Hot-ncland Seeurity funds; what should be upclated, includinp the mierowave system, towers, and pagers; total system improvement and individual cost ot'devices needed; cost allocation method ta use betvveen the County, the City, and other districts and jurisdictions; and nf the need for aoroup or grouns (perhaps headed b_y Sheriff Sterk) to fortn to ar[iculace the need; the process, and the associated / COSIS. Commissioner EZichard mentiQned t:he need eo get the necessary grqup toDether to educate and communieate with all stakeholders, to deLermine the needed strateQl', and decerniine how to fund the system; and asl:ed if Sheriff Sterk could guide such a group. ChieC 'VValker indicated he Woulct deliver that message to the St►erifl: Mayor Wilhite added that the Council looks forward tn the Sheriff's scheduling a meeting and notifyint all concerned. Briejcorrver:satinn was held regurditig the rlext joifai naeetlrrg vf Fcb+°arary 28, ?Ops, o1 3:00 p.m. to discti.ss tlie %vu.rtervatei° issues. 7hni nleeting will be held ifr 11re Counry's Publrc Works Builditig, Corfer•eiice Room ?B. Status cif vacant land owned bv the Cowitv ivithin Spolcsne Vallev City Lintits - Prupertv th:it mav have been nurcliased with road tax f'wlds Mayor Vl'ilhite explainecl that there exists a picce of triangular land ncar Appleway; which has a County "for sa1e" sign; that it was her underscanding that all ihe larid Was ycquired when t:he City incorporated, and she asked for an update on that piece of property. Counr.y Engineer Kell)r e.xplaine.d tliat there are twro t_ypes of propercy that Spokanc County owned priar to the City's inctirporation and some the Count}, currently owns: some of it is County general fund properties, which is noc under di5cussion; but lhere iu-e County road-ftmd properties, which include the. County's itiaintenance yards, pits and qnarrics, roacl-related and non-road related stormwater facilities, non-establishe.d and unrnainttiined road ric ghts-qf-way, and established and mainL3ined road righis-of-way, and also road projeet rettiaindcrs which are properties wherc the Coumcy may have purehased the entire piec;e but took some footage out; and that criangular piece of properry is a remnant, left-over piece of properCy after a road project came through. Rl.r. Kelly stated that when tlle Cicy incorporated, by law the C;ounry gave all of the established and maintained road rights-of-way and all the accompanying faciliiies such as sta•mNvater ponds, to thc City of Spokane Valley. He explained that the rest of the nroperty b.)r law remtiins the propei-ty of Che 2005; 03-24 Count City/County Meecing Pabe 3 of4 Count;v, which includes the trianaular piece in question, the piece south of the roadway consistinn of about 1.75 acres, the property sold just 10 the north Side of the Lriangle (where Starbucks is startinE), and all the , other picces left ovcr for the coupleC whic.h they eansti•ucted altnost five ycars ago; those tire road-fimtl o%+med properties; that che Commissioners can (lccide to (ionate or sell that properC}' but ic would require an official action to c!o so. Nlr. Ke.lly explained that they purchased the Milwaukee riglit-of-wap, used a portion of it to build #he valley couplet, and they hzjve an agreemcnt that the Roard of Cotmty Cornmissioners approved three or four months ago donating the remiiinder of the Chicago-iMilwaukec right-of-wa)' [o the Gity of Spokane Valley; ic was decided to donate that f'qr transportation purposes; and if it is noC uscd for those purposes by agreemcnt the ownership «<ould recurn to Spokane Couniy. Discussion ensured regardinj the use of light rail, how the prnperty taxes are clivicled concerning these and all county roads, and methocl; qf assessmcnt. Mr. Nfielkc also menCioned that if there are any nrqperties the City is inferested in, lo please menCion those pareels to Ross Kelly. Mr. Mercier tidded that there is a list of several properiies for which we would request clarification. V1r. Kell), said he aricl Mr. Lmacio will rese.arch t.hose propsrt.ics and report back to the City. 1vtaYor Wilhite thanked everyone for attencfing, mentioned the 3:00 p.m. meer.ing MQnday at the County, and adjourned the meeting. The meeting adjourned ai 1:30 p.m. laiana Wilhite, Mayor ATTES"I': Christine F3ainbridge, City Clerk . ~ 2003, 02-24 Count CirylCqunty h4eeting E'age 4 of 4 0 ML\`IJTES C1TY OF SF()KA1rF VALLLY STiJT)Y SESS1C7N Tuesdiiy, iVIarch l, 2005, 6:00 p.m. Allendance: Councilmembers: Sfaff: Diana Wilhite, Mayour llave Vlercier, City Manager Rich Munson, Depury Mayor NTina Regor, Depuri, City Manager R4ike DeVleming, COuncilmember Cary Driskell, Uepuh' City Attorney I7ick Denenny, Councilmember Marina Sukup, Communiry llevel4pmcnt Direetor titikc l?Ianigan, Councilmember Ken Thompson, Finance Iairector Gary SchinlmeJs, Councilmember Cal 1~'UaIker, Police Chief Steve 7'aylor, Councilmcrnber Neil Kersten, Public WUrl:s Director Greg McCormich, Long R.ange Planning Manager Scott l:ullta, Long Range Planncr Chris Bairibridge, City Clerk Mayor V1'ilhite callecl fhe meeting to order at 6:00 p.m., welcumed till in attendance, and eaplained that this is a sttid}' session xnd tlicrc would be no public comment 1. Preeclman. Tung cC BottomleY - Redevelopment Opt:ions/Sprague Corridor - Marina Sukup Community Iaevelopment: Director Sulcup welcomed Michael Freedman, who she explained, gttve a presentation this morning on redevelopmeni and revitalization to community members and stakeholders ~ and said that he would bc giving a shartened version of that presenuitian tonight. Mr. rreedman eaplained that t.here is a phenomena qecurring in die retail fi•ame,%vork [hroughout cities countrywide, and in our casc, on Sprabuc Avenue, whiah Me explained, is a linear arrangement of commercial businesses along a strip corridor. He stated that his comments today are a reflectioii of what he has leanicd in his ~,vorh in other communities facecl with similar challenges, and he will explain how those suggestions mighc apply io the Sprague Avenue eorridor. He explained that eommercial corr•idors have entered a period of "accelcrated transitian" driven by the community's pre•ference f'or retail to be located at majo►- intersections, crossroads and particularly major freeway nff ramps; which instigaced the transfiqrmation or cnmmercia) strip corridqrs dominatett by one-story developments; surface parlcing and small or individual shops with large sigis; intq a comnletely different forin where they are clustered on Iarger properties with hioh visibility vvhere the stores do not acivertise as individuals, but where the loeations advertise as singular destinatians for shoppinp; c.g. "big box" superstores and department store.- anchored centers; power centers, and covered malls (which is rapidly goin€ out of favor); that the covered mall has been going through a t:rarisilion since the 1980's where t.hey have begun to morph intQ CetlterS which eshibit the unclersuinciing dhat consumers se.cm eo want to go to places where the lines between shopping, eaCing and recreating are merging, resulting in partial or fully open-air centers in a type of main street foe downtqwn fonniiC. Regarding the line.ar patcern, Mr. Freedman stated that there is no going back as that pattern has been abanclonc:tj and is not coming back in our lifetime. He stated the objectives for ehange include (I)optimize 1and values along the corridors; (2) re<<il'alize the iclentity of the ci#}, at iTS most visible locations; and (3) enhance mobility; and gave the following in explanation iuid suggestion: ~ ( > I. Go with the marketplace: provide retail concentrations a1 major ceossroads (in amounts that (lo not ovenvhelm inarkel clemand) in compact, walkable, lifestyle city/towm center type c.onfgurations. Sludy Sessinn Minutes: 0; -Oi-O5 I'age 1 of.i Approvcd by Cowuil: 2. Significant.l}' rcduce the amount nf lancl intended for cornmercial development along the corridUr. ; 3. Sirip corridor restructuring must be planned in relation to the pAttern of existing and planned retail driven ccnters af the City of Spokane Valley; he suggested thinking in terms oF a hierarehy of rctail driven development types superrnarkets located in the town and ncighborljood ccnt:crs; fiitness centers Iocated nea.r where people live and worlc; antl siiid ehat largc saale uses belong in regional centers. 4. Look for opportunities to redevelop grcyfield rnalls wfiich are no longer advantageously located; and explained that agreyfield maU is an area which was once a retail but: no longer is. 5. Promote the transformation of the loilg seginents of corridors like workplaC;G centerS. 6. Organizc public and private investment to fosCer the emergence of a boulcvard thal flatters the cnmmunity, Gaptures value for properry owners, and provides an aNpealing edge or seam between residential neitzhborhoods. 7. Pramote the cnntinued success of speciafty segrnents; he explainetl lhat t:his requires rec:ognition of ohen restrained sites such as auto row. T-1e stressed that such restructurinp typicaliy cannot be achievetl by property owncrs operating independently; but that it will require the commitment o!'the community to the extent that zoning entitlements are revised and capital improvement invcstments macfe to kiek stitrt the transition. Mr. Freedman stated that eypical barricrs to success, or tliinas to watch out f'or includc the primary obstaelc of stakeholder pppasition to change, brought on by the belief that retail demand can be returned as hefore. Other obstacles are that Chere are very feev precedents in planning che restructuring and revitalization of community corridors as it is a relafively recent endeavor and some folks have trouble envisioninb whiit success will look like. Mr. Freedman was lhanked for his presentation. Mayor Wilhite called afive-rninutc recess at 7:05 p.m. and reconvened the meeting at 7:45 p.m. 2. Disincorporation Statutes - Cary I7riskel l Depiity City Attorney Driskcll explainecl the ger►zral process for a city to be disineorporaled and refeRCd to the accompanying memo from Joshua Leonxrd. Discussion en5ued regarding previous cities which disincarparalc.d due to a rype of reorganization or due to extremely small populatians; that the disincor}.~oration statutes havc not been puc to much actual use and Cherei'ore thcre is a difficulty in seeing what other cities might have gone throu5h concerning the questions of timing and mechanics. 3. Proposed Rentimberiniz Ordinance Unifonn De.velqpme,nt Code -Marinn Sukun After Corrimunity DevelQpment Director Sukup gave her PowerPoint presentation, tljcre was brief conversation c.oncerning this document; that it is merely re-nurnbering parts of the Spokane Valley City Codc, that nothing is be.ing changed from wllat was previously approved; and that the section repcaline ttie signage standards mill be removed as the ordinance amending those standards will be before council ne.xt week. lt was Council consensus to brinb this ardinance baek for a rrst reading. 4. Revicw of Comp Plan Elements (L.and Use, Transportation) - Grep. Scott l.,ong Range Planning Manager McCormic4:; and Long Range 1'lanner Kuhta explained the I.,and Use anc1 '1 ransporiakiun clemcnts of the Comp Plan via the PowerPoint presentation. City Manager R-iercier added that chis Plan represents upcoming significarit policy wrork for council, iind in examining the advaiic.e atzenda, staff seeks Cauncil input on scheduling opportunitics for intensive Plan review; and added that there will be several opportunities f'or puhlic input:, and staff will not aslc counci) to come to policy $tudp Sess ion Minutes: 03-01-05 f'nge 2 of 3 Approvccl by Cauncil: determin.Uihn for material in thQSe early stages oi' public participation; but staff will work on sequencing ouC those policy prefe.renc.es to give the community ample opportunity for input. Discussion was held regarding the draft I'an currently on the City's website, wllich was done last summer or early fall after holding several rneetings to gather public input; providirig copies to the public ofi that 1'lan; thst slaff continues to gat:hcr input and that the doLUroent is awork in procress; ~3nd that the propc~sed calendar dates of joint meetings have not yet been confirrncd with the 1'lanning Commission members. It wus nro»ed by Cacalcilnrember- DcVlemirrg and secorrded by Deputy A4ayot• A9u►7sorr to exteird the mzeting an aclditional 15 minartes. V'ote b~, Acclaniatioir: ln Favor: 111crtjor Y4'ill7ite, laeputy Mcrvor iVusrson, atrd Coamcilme,nbErs Sc{ritirnrels, Flunigari, Denern7Y, aytd De Neniing. Qpposecl: Coui7ciLirember Tavlor. Abstentinns: None. Aloliort carried. 5. Advance Aaenda Additions - Dave Alercier Counc.ilmember DeVteming ►•equested the fallnwing issues be placec! on the advance agenda: die County's response io the Appleway right-of-way (V9r. Mercier said that staff is examining the language af the dociuiient); jvint: meetings with the Central Valley School District (Councilmembcr Taylor suggested a joint meeting wit:h all schonl disb-icts within the City); seheduling of an open house ta discuss wastewater issues; and havitto SCOPE ac CenterPlace. 6. Council Check-in - Dave Mercier Councilmember DeVleming sai(i that he noted the sian code is on sehedule for a first rcading at the next council meeting; and he Nvould like a draft copy prior to receiving the material in the council packets. 7. City Manager Comme.nts - nave Mercier M r_ Mercier mentianed tlhat regarding the Pines/Mansfield agreements, st~if~f sent letters to three developers concerning their non-performance a.s not all have met die payment requirements; and that the hope is the rgap" will be rectified prior to next Ni-iday. There being no fwther busincss, the meeting adjourned at: 9:04 p.m. ATTESI": Diana Willtite, vlFiyor Christine: Bainbridee, Cit)r Clei•k ~ Study 5cssion Ndirmtes: 03-01-05 Pagc 3 of 3 Approvcci by Council-. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 03-08-05 City Manager Sign-off: Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report [j pending IegislaEion AGENDA ITEM TITLE : Payroll for Period Ending February 28, 2005 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGETIFINANCIAL IMPACTS: Payroll for period ending 2-28-05 Salary: $ 90,381.69 Benefits: $ 47,412.90 $137,794.59 STAFF CONTACT: Daniel Cenis ATTACHMENTS ~ / CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 3-08-05 City Manager Sign-off: Item: Check all that apply: x consent ❑ old business 0 new business El public hearing ❑ information ❑ admin_ report ❑ pending legislation AGENDA ITEM TITLE: Approval of t.he Following Vouc_hers: BACKGROUND: VOtJCH.FR [.,IST VOUC.HFR TOTAi_ IaATC Number(s) VOlJC1-IrR AM01fi~T 02-18-05 6335-6356 38,475.84 02-25-05 6357-6375 1,843,697.23 GRAND TO'CAL 1.882 213A7 ~ RECOMMENDED ACTION OR MOTION: Approve claims for vouchers: BUDGETlFINANCIAL IMPACTS: STAFF CONTACT: Mary Baslington ATTACHMENTS Voucher Lists ~ ; vchlist Voucher List Page: 1 0211812005 10:36:18AM Spokane Valley Bank code : apbank Voucher Date Vendor Invaice PO # DescriptionlAccount Amount 6335 2l1812005 000437 AMERICAN LINEN 570798 FI_OOR MAT SEaVICE 45.82 Total : 45.02 6336 2J1812005 000030 AVISTA UTIL171ES 410069444 2/7/05 STREE1" LIGHTING/SIGNAL POWEF 18,233.64 Total : 16,233.64 6337 211812005 000168 B& C TELEPHONE INC. 88841 I.ABOR FOR SERVICE 159.50 Total : 159.50 6338 211812005 000721 BLUEYE DE51GN 02/16105 Re(und REFUND BUSINESS REGI57RATI01 13.00 Total : 13.00 6339 2J1812005 000101 CDWG QU70369 40420 SMALL TOOLS 8 MINOR EQUIP. 54.59 Total : 54.59 6340 2/1$/2005 000109 COFFEE SYSTEMS INC 27937 COFFEE SUPPUES 139.28 Total : 139.28 6341 2/18/2005 000284 CRUCIAL TECHNOLOGY 207219519 40431 SMALL TOOLS & NiINOR EQUIP. 167.07 Total : 167.07 6342 2118l2005 000265 JACKSOPJ, MIKE 2/15105 MJ aeimb. TRAVEL/MII_EAGE 4.00 Total : 4.00 6343 2/1812005 000164 LA80R & INDUSTRIES 142098 SVSC 601LER ROOM INSPECTION 47.80 Total : 47.80 6344 211 B12005 000033 MC!'C 4677656 40417 OFFICE SUPPLIES 61.70 Total : 61.70 6345 2/1812005 000069 MERCIER, DAVID 02/13/05 DM Reimb. REIRfiS. TRAVEL/MILEAGE 40.00 Total : 40.00 6346 211 SP2005 000121 NORTHWEST MAIIING INC 12398 40425 POSTAGE METER SUPPLIES 206.94 Total : 206.94 6347 2/1812005 000415 ROSAUERS U-CITY 481215 fthEETINC SUPPLIES 17.82 ~ _-.age: 1 _ , _ ~ I 1 ~ vchlist Voucher List Paye: 2 0211812005 10:36:18AM Spokane Valley Bankcode: 8pbank Voucher Date Vendor Invoice PO # DescriptioNAccount Aiiiount 6347 2118f1005 000415 000415 ROSAUERS U-CITY (Cantinued) Total : 17.82 6348 2118P2005 000297 SCHOLTENS, TOM 2115105 TS Reimb. REIMB. FOR MEEI'ING SUPPLIES 63.50 7otal : 63.60 6349 2M812005 000324 SCWD #3 475-1495-00 WAT[R CHARGES 7.09 Total : 7.09 6350 2/1812005 000406 SPOKAINE REGIONAL CVB 1/31/05 CVB - TOURISM PFtOMO710N 11,333.33 Total : 11,333.33 6351 2118MU5 004516 TETRA TECNlKCM 144075 01105 40350 S70RMWATER UTIL. PROG. ASSN 6,723.90 Total : 6,723.90 8352 2/18f2005 000177 U.S. POSTAL SEIRVICE 2116/05 SVSC Postage SENIOR CENTER NEWSLETTER P( 159.37 Total : 159.37 6353 2/18/2005 000025 UNISOURCE CORPOF2AT10N 657 21323860 40427 COPIER PAPER 687.53 Tot21 : 687.53 6354 2/18/2005 000337 UPS OOOOY3F950075 SHIPPING CHARGES 45.44 . Total : 45.44 6355 211812005 000187 VEf7A NJATER & POWER 02110I05 VERA STREE'i" POWER LIGHTING/WA'1'EF 164.42 Total : 164.42 6356 2/18/2005 000719 WILLIAMS, GEORGE 02111105 Refund REFUNL7 BOUNDARY UNE ADJ. PE 100A0 Total : 100.00 22 Vouchers for bank code : apbank Bank total : 38,475.84 22 Vouchers in this report Total vouchers : 3R,475.84 Nage: 2 vchlist Vaucher List Page: 3 02/1812005 10:36:18AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO ii DescriptionJAccount Amount I, the undersigned, do csHity under penalty of perjury, that the malerials have bEen fumished, the servioes rendered, or the labor performed as descnbed herein and that the claim is Just, due and an unpaid obliga8on against the City of Spakane Valley, and that I am authorired to authenticate aitid certify to said claim. Finance DireGor Datc 3 ~ • vchlist Voucher List Page: 1 02/25/2005 9:50:12AM Spokane Valley Bank code : 8pbank Voucher Date Vendor Invaice PO # DescriptionlAccount Amount 6357 2/25/2005 000135 AMEF2ICAN PLANNING ASSOCIA710N 120504-096840 APA MEMBERSWIi' RENEWAI. 150.00 Total : 150.00 6358 2/25/2005 000720 AMSAN CUSTODIAL SUPPI_Y 345a46 40432 SUPF'LIES FOR SENIQR CEN1'ER 596.60 Total : 596.60 6359 2I25/2005 000030 AVISTA UTILITIES 10085076 2l15105 STRE[T POWER LIGI-ITING CHARC 5.75 410085075 2/15/05 STRF_ET POWE12 LIGWTING CFtA12G 5.75 450085074 2l15105 S7REET POWER I.IGWTING CHnRG 13,10 770085075 2l15/05 STREET POWE12 LIGHTING LHARC 5.75 Total : 30.35 6360 2/2512005 000101 CDWG QX28387 40428 SMALL TOOIS & MINOR ECIUIPMEP 3,339.60 Total : 3,339.60 6361 2f25/2005 000683 DAVID EVANS 8 ASSOCIATES 163609 40390 "I'RAFFIC ENGINEEt21NG SERVICEE 11,806.09 Total : 11,606.09 6362 212512005 000278 DRISKELL, CARY 02122/05 CD Reimb. REIMB. TRAVEUMILEAGE 26.73 Total : 26.73 6363 212512005 000003 IMAGISTICS 456920 MAINT. F'ER COPY CHARGES 195.95 Total : 195.95 6364 2125J2005 000266 .JAMES, GAY 02l23105 GJ Reimb. KITCHEN SUPPLIES 21.30 Total : 21.30 6365 2/25/2005 000117 JOURNAL NEWS PUBLISWING 25737 ADVERTISING 4725 25738 ADVERTISING 11625 25739 ADVERTISING 111.00 25765 ADVER'I'ISING 47.25 25766 ADVERTISING 123.75 25767 ADVERTISING 66.75 25768 ADVERTISING 101.25 Total : 613.50 6365 2/25/2005 000484 MOOPJEY & PUGhI CONTftACTORS INC. 04-001 1/31!05 40176 PFtOJE-GT BILLING AT CEPJTERPLA 596,526.00 Pxye: 1 vchlist VouCher List Page: 2 02125/2005 9:50:12AM Spokane Valley Bankcode: apbank • Voucher Date Vendor Invoice PO # Description/Account Amount 6366 2125l2405 000484 000484 MOONEY & PUGH CONTRACTORS I(Continued) Total : 596,526.00 6367 2125l2005 000082 MUNSQN, RICHARD 02/18105 RM Reimb. REIMB. TRAVEUMILEAGE 189.45 Total : 189.45 6368 212512005 000652 OFFICE DEPOT 274891895-001 40418 QFFICE SUPPLIES 81.57 275218400-001 40419 OFFICE SUPPI.IES 326.28 275861910-001 40421 OFFICE SUPPLIES 122.21 276245973-001 40426 KITCFiEN & OFFICE SUPPLIES 85.48 Total : 615.54 6369 2/2512005 UOD494 F'RO PEOPLE STAFFING SERVICES IN-162681 TEMP012ARY EMPLOYMENT SERVI 565.60 Total : 565.60 6370 21`15/2005 000322 QWEST 509-921-6787 511 B 7ELEI'MC7P1E CHARGES 38.29 Total : 36.29 6371 2/2512045 000415 ROSAUERS U-CIIY 481152 MEE71NG SUPPLIES 11.70 481219 MEETING SUPPUES 43_84 Total : 55.54 6372 2l25/2005 090324 SCWO #3 170-0040-03 WAT[R CMARGE5 25.52 Total : 25.52 6373 2125J2005 000001 SPOKANE COUN7Y TREASUFtER 2/16105 County COUNTY CONTRACT PAYMEN"fS 1,195,092.87 . Total : 1,195,092.87 6374 2/2512005 000311 SPRINT PCS 0141276664-3 2/16/05 CELL PHONE CHARGES 730.07 Total : 730.07 8375 2/2512005 000419 SUMMIT LAW GROUP 24999 LEGAL F'ROFESSIONAL SCRVICES 1,180.00 Total : 1,160.00 6370^ 2/2512045 000167 VERn WATER & POWER 2115 - 2118f05 VERA STRF_ET F'OWER LIGH7ING/WATEF 250.23 Total : 250.23 6377 2125/2005 000680 WASNINGTON TRUS7BANK, MOONEY F 2308570772 ESCROW RETAINAGE PAYMENT 31,398.00 Total : 31,398.00 `-Je: 2 vchlist ~ Voucner LISt ~Page: 3 02125l2005 9:50:12AM Spokane Valley Bank code : apbank Voucher Datc Vendor Invoice PO tt DescriptionlAccount Amount 6378 212512005 000255 WFOA 647 WFOA MEMBERSHIPS 254.00 Total : 250.00 22 Vouchers tor bank code : apaank Bank total : 1,843,697.23 22 Vouchers in this report Total vouchcrs : 1,843,697.23 I, the undersigned, do certify under penalty of pelury, Ihal the materials have been fumished, the services rendered, or the labor pertormcd as dessribed herein and that the claim is just, due and an unpaid o6ligation against Uhe City of Spokane Valley, and that I ani authurizecl ta authenticAte and certify to said cla3m. Finance 17ireUor I?ate Page: 3 ~ CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 3-8-05 City Manager Sign-off: Item: Check all that apply: ❑ consent X old business nevr business ❑ public hearing information El admin. report ❑ pending legislation AGENDA ITEM TfTLE: Proposed Ordinance 05-010 Creating Assessment Reimbursement Area. GOVERNING LEGISLATION: RCW 35.72 PREVIOUS COUNCIL ACTION TAKEN: On January 25, 2005, staff presentation; February 8, 2005, first reading BACKGROUND: On January 25, 2005, staff provided the Council with information about RCVV 35.72, which would allow the City tfl finance some transportation improvements tied to new devalopmenf. This would involve adopting an enabling ordinance. If adopted, reimbursement assessment areas could be established. In short, this would require a developer and/or the City to finance the project up front, subject to reimbursement within 15 years. In the event a person had property in an area tha# was benefited that they wanted to develop, they would have to pay their proportionate share befiore receiving building permits. i-~ ; Improvements using such a district can be financed either by private parties, public entities, or a cornbination of the two. This mechanism is expected to give the City greafer flexibility on hovr transportation improvements can be paid for. Please noPe fhat this draft has had many minor revisions to clean up language, which were inadverter+tJy not underlrned or strcrck through. Additionally, .030 has adclitlonal fanguage on the fypes of criteria for determining whether a propErty will be rncluded in the assessment area. OPTIONS: Do nflthing; instruct staff to provide more information; ask for revisions; adopt as drafted. RECOMMENDED ACTION OR MOTION: I move that we adopt Ordinance 05-010 Creating Assessment Reimbursement Areas. BUDGETIFINANCIAL IMPACTS: The potential financial impacts are substantial in a positive manner, depending upon how often this process is used by private and/or public entities. STAFF CONTACT: Cary Driskell, Deputy City Attorney . % . ATTACHMENTS: Proposed ordinance establishing assessment reimbursement agreemen#s. laratt c1T>> oN, sroKnNr v atLE>> SF'OIC4JN7E CQl7i\"Tl', WASTfU\`GTON Q:FZ:1.)11~'r1~\`CE NO. 05-010 AN UIt.DtNANCE OF TITT Cl'I'Y C)F SPOKA.n`I; VA_LLLY, $POK.ANL COU\`?l', WASHLN'GTQN, All01'T1NG COi\rlll'1'lUNS FOR AUTI-IORIZING ASSESSMF..•\`T 12L1A'iBiJRSTNLLi\'T r1GR.F,.F.NfJ~N'rS P[JRSUMN1' Tb RCW 35.72 FQR TITE C11'1'' OF SFQh ANE VA[.,t.,FV. W[IER.EAS, tlie City of Spokane Valley (hereinafter "[Iie Cicy) may require that improvements t:o the City's infi-astruccure be constructed as a result of certain developmen[s b_y the owriers of said developments nursuiuit to EtCW 35.72; and WHEftEAS, the City has adopted an inierim Comprehensive Plan that requires that infi•ast:ructure neccl5 must be provided conc:urrent with new development; and WHE17L.AS. RCIA' 36.70A; the Crowth Manaaement Act, requires that commLmities such as Spokane Valley ensure tha[ infi-astructure iieecis are provided concurrent with new ctevelopment; and WHCREAS, the City desires to prnvide a mechanism lhat ensure.5 SOme certainn, for how new infrastructure iiLcds can be provideci. NOW "CFCI:REFO.RE: the Cih, Council for the (:ity of Spolcane Valley, Spol(ane County, Witshington, oi•dains as follows: Section 1. 1'urp2se. The purpose and intcni oCthis Ordinancc is to establish a mechanism «<hereby publie or privaie entities that participate fniinciall), in providing needed inGiistructure improvcmencs can receive reimbursement fi•om other benefiting properciES. Section 2. Creatian of New Chapter Providing fnr Assessment keimbursei»ent Agreements pursuant to RCW 35.72. '1'he C'ity of Spol:ane Vallcy adopts a new chapter to the Spakane Valley Municipal Code; 3.75 entitled "Assessment Izeimbursement Aarecmenes," which is set forth as follows: 3.75.010 `I'rsffic impact mitiEation required. The cleveloprnent of real pr4perry can creace trFiffic impacts thac resulc in a traffic faciliiy(s) fiilling below the adopted level of service for that facility. For such developments; che Cit), shall reyuire appropriate txaffic mitigation measures, as cietermined by tl7e City, as a prerequisite to further propert:y development; pursuant to RCW 35.72.010. 3.75.020 Authorization of A.sscssment keimbursement ALrecments. A. The City establishes a procedure for authorizing assessment reimbLu•sement agreements with developers, owners nf real pr4perty; and the City for the piu•pose af providinj reimbursement of a pro rata portion of the original costs of stre.et: and sidewalk improvement5 including design, grading; pavino, installation of curbs, gutters; sidetvalks, street lighting, traffic signalization, storm CI1'1111aQG associated with strsets and sidewalks, and other similar improvcmencs when such improvements are required by an ordinance as a prerequisite to j-urther propercy development. r~ Ordinance 05-010 Reimbursement Distrirt !'age 1 of 4 Draft 13. A reimbursement agreement may provide for the partial reimbuu•seme.nt to the oNvner or Lhe owner's assigns for a period not to excee.d fifieen (15) years oCa pori:ion of the costs of Nie project by oiher properiy owmers wha: l. Are determinett to be wiihin the assessment reimbursi;rricilt area pursuant to Spokane Valley Munic.ipal Code SecCion 3.75.030; 2. flre determined to have a reimburserilent share based upon a beneit co the property owner pursuant to Snokane Valley !Vlunicip£i) CUCIG SCCt1011 3.75.030; 3. Did noC contribute to the original cost af fhe street mitigation prc- ject; and 4. Subseyuently develop their property within the fiftccn-,vear period and at the time of de.velopment were not required to install similar street projects bet;iiuse chey were alreacly providtd for by the reimbursement abreement. 3.75.030 12cimbursement bN, other proliertv owners - Rcimbursemcnt Sharc. The reirnbursement amount shall be a pro rata share of construction costs and reimbursement of c4ntract adminiscration eosts of the sn-eet projeet. The City htanager or designee shall deiermine the reimbursement share by using a method of cost apporlionmerit whicli is based on t:lie benetit to the property owner frorn such project. The City may determine the parcels benefited by considering [he following faccors, wiChout limikation: camprehensive plan designation, zonine, current use; planned use upon development or redevelopment, sire of parccl, proximity to proposed improvement5, arid acccss to areas of proposecl iinprovement. '1'he City may establish vitrious elasses of bEneFted parcels based upon the same factors . 3.75.040 Application for Rcimburscment Agrccment. Application for a reimbursement agreement shall be tnade prior to the installation of the improvement. Application shall be made upon forms prepnreci by the Putalic Works Department. Any application for a reimburse.ment agreement under this Chapter shall coniain; at a minimum, the following information: A. A legal description of t:he applicant's prope.rty; B. ,A legal description of the antieipated benefitEd propertics; C. Vicinity maps Qf the applicant's property; properties anticipated to be benefited, and the locatinn of'rhe irriprovement or itnnrovements; D. The itemized cost data fior the imprnvsmencs; and E. I3roposed pro rata share of Che cosC of [he impravements to be borne Uy the properties anticipated t.o be beneiited; and a proposed method of assessment of chac pro rata share to Che individual propei-iies aniicipated to be benefited. 3.75.050 Notice and Hearin~, Yroccdure. A. Prif,rrte Imprrvenaents - Upon drafting of the preliminary assessment roll, the pre.liminary determination of the asscssrnent: reimbursemcnt: area houndaries iincl assessments, along with a desc►•iption of the prapertyo uwners' rights <<ncl options to participate in the reimbursement agrccment, shall be Eorwardccl by t:lie City hy cer-tified mail, return receipt requested, to the properi'y owmers within the proposed reimbursement assessmi:nt area, A nroperty owricr whase prnperty is included in the ps•eliminary assessment roll may requesl a hearing before the City Heiiring Examiner within ten ((0) clays of the mailine to contest the preliminary delermination of int;lusion of his/her properry and asscssment amount. 'l'he Hearing Examiner shtill hold a publie hearing, escablish a record, and make a decision whieh shall be aiven the effe.ct of a i•ecQmmendation to the City Council, all pursu~int to Chapter 1O.3~ of the Spolcane Valley,`9unicipal Code. The Cicy Counci('s ruling shall be detenninative and fiital. Ordinancc 05-0 I0 Rcimbursemcnt I7istrict Page 2 c,f 4 Drtift 0_/ 13. City InrpI•o►.rnrc~~ls -"['he Ciry may na-I:icipaCe in a reimbui-sement a~reem-ent ~vhere Lhe City has provic(ed or joined I11 [i1G f11flt1CII1g Of fllC 1I11pYOVBI11C11CS Cllat: wil) benef7t other properties. The notice flnd hcarini: provisions in SVV1C 3.75.040(A) shal) apply [o this subSection. No itnprqvements that benefit the ge.neral public may be subject t.o 8 City-held reimbursement agreement. `t'he Cit}o mr:Ey be reimbursed fior its investment in the improvements in che same manner as owmers of real property who participaie in an imprnvement projeci and request a reimbursement agreement. Authority of ihe Ciry to pairticipate in a reimbursement agreement iS in aCICliCiOn [o ihe poNver of ihc citV to impose special utility connecticm charges and special assessment district charges. In the eveiit the Ciry participates in finaneing an improvement, it must specify t:he COndition5 of its par[icipati0tt itl an Orclinancs. 3.75.060 Eae.eution ancl ltecording. 1=ollowinD receipe of che assessnier►t roll, the Cit), Gauncil, if provided with sufificienc information and if the improvement and cost thcre.of are consistent evith the preliminary appraval, shall b_y motion a+aihorize the City Manager or designee, to sigii the reirrihurserrienl aLreement(s). 'Che fully execiated reimbursement aGreement(s) shall be recorded in t.he official property recnrds of Spokane County, Washington. 3.75.070 Coutract Finalilv. Once the reimbw•seme.nt: atreement is recqrded with the Spnl:ane County Auditor's Office, it: sliall be binding on all prqperties an(i owners within the 3ssessment area who are nat parr), t.o che agreement, and the Obligation shall run with the land. A sccond notice reflecting final cost~e shall be mailed to the property owmers by certified msil; return receipt requestid, together wiTh a copy of the reimbursement acyreement, bearing the. Spokai7e County Auditor's File Number. For anY real property which is burclened b), a rzimbursement agreement, the Cit), shall not grant any eons[ruction permit5, i«cluding but not limited to, oradinb pcrniils, Torms and founclation permits, building permits, or an occuparicy permit, until such time 3s full rcimbursement is macle on behalf of the burdened property in satisfaction of the re_imbursement agreement. 3.75.080 "litle to Improvernent~~ xnd Assiynment of Benefil. $efore the City will colle.ct any reimbursement charge, the holder of the reimbursemeiit a~reement shall transfcr litle to all of thc improvements to die City. Tlie holder of the reimbursemcnt agreement shall also assign to the. City the henefit and right to the reirnbursement cha3•ge should t:he Ciry be unaule t.o loeate the holder of tlie reimburseme.nt agreettteni at ihe time of attempting to tender any charges received by the City pursurnt to the reimbursement agreement. `I'he holder of ehe reimbursemcnt agreement shall be responsible for keepino the City informed of a currcnt. mailing address. Shoulcl t;he City be wnable to locate the holder of the rcimbursement agreement in ordcr to dcliver a reimbursLment eharge, the same shall be held by the City for a period of cwo (2) yearS fi-Otll the dlte of firsc ateempted notification by khe City. At any time within t:he tiovo year period, thc holder of the reimbursemcnt aoreement mav reccive the charge, WithOut. interest, by requesting payment of Ehe City. If, afrer the expiration oT the t,.Nro year perind, the holdei• of the reimbursernent. agreement has not rcquesied reimbursement w7cier t.he agreemcnt, all rights of [he holder of the reimbursemcnt agrsement to that charge fihall expire, and thc City shall be deenncd ta be che owner of the funds. 3.75.090 Tender of Charges. When the City has received a rei►nbursement charge, it kti-ill fo~-ward the funds to t:hc holder oF the reimbursemcnt agreement wit:hin thirty (30) days of receipt. Funds received by negotiable instrument, such as check, will be deemed receivcd ten (10) days afi:er delivery to lhe City. 3.75.100 Release of Assessrnents. When funds are receive•d pursuaunt to a reimbursement agreerncnt, lhe City shall record a eertificate of payment and release of assessment a5 to Ordinsnce 05-010 Reimburscment llistrict Page 3 M4 Draft tlie real property owned by the parCy paying the reimbLu-sement charae, %vithin thirty (30) days of`receiF?t: of Che Furids. 3.75.110 Administrative Nce. 1'here shall he a fee to the Ciry for the administration, processing and colleecing of tFie reirnbursement agi-eement chaq.;es, iri the arnourit of five ps;rc.enc (S%) of the t.otal aniqunt to be collected. This adrninisirative fee shall be calculated into the amount of reimhursement to he paid by the non-party participants in the reimbursement agreement. Prior to the grantint of the final reimbursement agreement: there shall he paid to the City aprucessing fee in the amotmt of SI,000.00. The said processing fee shall be credited against the total 5% fee. The 5% fee shall be eollected hy deductian from eiieh individual rcimbursemeni charge payment and the balance shall be Furwartled to the developer. Section 3. Severabilih'. If any section; subsection, sentence or clause of lhis chapter is for any reason held to be invalicl, Such decision shall not affeci the validity of lllE ]'ERlilllllng }]COVISIOIlS of [l]IS Cflclpfef. SeCtlpll 4. ACIdITIQIlBI PfOVISIOl1S. PC'he provisions of this chapter shall be in addition to and not a substitute for or limited by any other applicable laws. Sectic►n 5. Fffective llate. `I°his Ordinanee shall becnme efEective five days after publiciition of the orclinance, or a summai-y thereof. in the official newspaper of the Cit}+. Adopted this r.Jay of lvtarcFi, 2005. City of Spokane Valley ; iMayor, L7iana Wilhite ATTEST: City (;le.rk; Christine.l3ainbridge Approvcd as to Form: Ueputy City Attorney, Cary P. Jariskell Published Date: rfTecCIVi D11C: i~ Ordintincc 05-010 Reimbursrmene Dislrict pagc 4 of 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March S, 2005 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business X new business ❑ public hearing ❑ information ❑ admin, report ❑ pending legislation AGENDA ITEM TITLE: Second Reading: Proposed Ordinance Declaring Intent to Annex the City of Spokane Valley into Spokane County Library District. GOVERNING LEGISLATION; RCW 27.12 PREVIOUS COUNCIL ACTION TAKEN: Staff presentation on February 8, 2005 at study session; First reading approved on February 22, 2005. BACKGROUND: As part of the managed competition pilot project: the Spokane County Library District (SCLD) proposed the option of annexation. At the February 22 meeting, Council approved the first reading of an ordinance that would put the question of annexation before the City°s voters on May 17, 2005. l\ ~ The County wishes to have a mail-in election on May 17, which helps satisfy state and federal requirements for voter address verrfication. Spokane Valley shares in the cost of maintaining the database of voter information. The attached memo provides some additional information on the mail-in election. Please note that a scrivener's error has been corrected in the draft ordinance_ The sixth "Whereas" has been amended to read that if annexation is approved, the city's contract with SCLD would terminate effective January 1, 2006. The previous version of the draft listed the effective date as December 31, 2005. No other changes have been made. RECOMMENDED ACTION OR MOTION: Move to approve the Ordinance Declaring Intent to Annex the City of Spokane Valley into Spokane County Library District. BUDGET/FINANCIAL IMPACTS: The Spokane Valley cost of the May election is estimated at $45,000 -$59,000, depending upon the number of other measures appearing on that ballot. STAFF CONTACT: Nina Regor, Deputy City Manager; Morgan Koudelka, Administrative Analyst. ATTACHMENTS: ~1. Proposed draf# ordinanr,s ~J 2. Memo on Mail-in Elections SpCITY6kl~an~e~ ,;oOValley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ c9Cyhall@spokanevalley.org Memorandum To: Nina Regor, Deputy City Manager From: Morgan Koudelka, Administrative Analyst Date: March 1, 2005 Re: Election by mail Information The Spolcane E-lcctions Office is atteiiip[ing to conduct: the May 17 election entirely by mail in order to satisfy state and fEderal requirements for updatuiE voter registration iiiformation. "I"his memoraiidum provides information pertaining to the uiail-in election and the votcr registration maintenance requirements. •"1'he Elections OFfice is required io verify addresses of registereci voters every two yEars accord'uib to Washinglon State. RCW 29A.08.605 and ihe.Natipnal Vorer Registratipn ,Act af 1993 • The Elections Office tries to reduce vpter registration mainienance cc,sts by upclaiing information ttiroueh absentee ballots and mail-in elections • By satisf}dng address verification requiremenis Through eltctions, ihe ElectiQns Qff~icc esn reduce inaintenance costs by $25,000 overal] • Cotmties, cities, and towns proportionately share the cost of maintaining the voter registralian :function basEd on RCW 29A.08.150 • Maintenaiice costs have not fluclua[ed in recent years due to the use of mail-in election and abseutee ballots • Mail-in ballot signatures are manually cnmpv-ed to signatures an file • 13allocs must be pastmarked by the election date to be accepted • The Elections Office will considcr drop-off sites and tlie city can requcst that there be drop- off sites on the election date 1'leasc let me laiow if you have any other questions. c ; J Drafl ~ C1TY OF SI'(aKANE VALLEY SI'OKAXH CUU\'TI', waS=KtiNGTON ORDT\'ANCF; NO. 05-011 AN nRI)1NAVCE OI+ TFTF C:1TY nF SPOKANE VAI;I.;rY, SP('aKANF COlTN'1'Y V1'ASHJ.NG1'U\' DrCLA.RCIVG TFIF INTEN 1' 1'O A\i\TFa THE C[Tl' OF SPOl{.A\°I; VALLEI' I\'TQ THF. S1'()K..ANE COUN1"Y L1131L1RY l)]:S`I'fZ1CT, ANTa S1T131171TT'[NG 7'0 T[°[F. QUALW1LD ELECTORS OF 'I'FiL+ CTTI' AT AiN ELECT[QN 1vLAY 17, 2005, A 1'ROPOSIl'lUN AIITHQR].ZING ?IiT ANIN7FXA`1'lUN QF THE CITZ` I1\`TQ THE SPOKANL COUNTY Lff31tA1tY DISTRICT; ANll LSTATiLTSHING An` rFFFCTIVE liA 1'L. W1-iERrAS, the City of Spokane Valley has the auihority under ftCW 27.12.360 to initiate by ordinance the. inclusion n1'the City into the Spokane Counqf l.,ibrary Dish-ict ("The SCLD"); and 1NrT-TrREAS, the City desires tliat the Cit_y join the SCLD and has direc[ed the preparation of this qrdinancc cleeliiring its intent to annex inco the SCLD; ancl WHEREAS; in accordance evith KCW 27.12.360, 1he Ciry has iiotified the state librarian of chis Orctinance; and W1-[EREAS, pursuant to an agreemenl signed by the Gity and SCLll on Decembc.r 10, 2004, the SCL17 Board of Trustees concur Nvitli ihe intent to annex the Cit:y into the SCLU; and WHEItEAS; in accordanec with RCW 27.12, t:hc City Council desires Co place a proposition before_ t:l1c voters of the City to aut:horize such anne.xation, anc3 desires to reqiaest thac Spokane Cauncy take all necessary steps to do so in time f'or said proposition te be placed on t.lie Mayl 7, 2005 b311ot; and WHEKEAS; upon annexation; the City would become part ofitlle SCLI7, the real property within the City would be subject ta taxation by the SCLl7, and the Ciry cduld tenninate its current operations eontract with the SCLU effective January I, 2006; and WI-IEREAS, the City Counei) fnds for all chose reasons that the public interest will be served thei-e.by. NOW THEREFORr; the Ciry Council for the Ciry of Spokane Valle_y, Spokane County; Washington, ordains as follows: Seciion l. 7"he Ciry_ Council hereby declares its intent to annex into the Spokanc Counry Library District, and finds that the public interesi will be scrvecl thereby. Section 2. The CiCy Council finds Chat the State I.,ibrarian was notified or this proposed anneaation on February 10, 2005, and that the Board of Truslees for the Spokane County 1_1brary District concur5 wit:h t'he annexation of 1:11e City into the Spokane Counry Library District, al) pursuant tq 1t.CW 27.12.360. Section 3. The Spokane County Board of Cominissioners is requested to authOri2e by irsolution the $pokane County .quditor to call and concluet an election t:o be held in thc City in the manner provided by law on Ma_y 17, 2005, in conjunction with any other matter that may be scheduled Qrdina3ice 05-011: annexacioii to SCLD Prike I of 2 Draft for ballot on that date, ior the purpose of submittins to the qualifcd electors of tlie City by mail-in ballot for their approval or rejection, a proposition in substanCially Che following furm: Shall the city af Spokane Valley be annexed to and be a nart of the Spol:ane County Library District? YES r- Ni 0 r [f approved, the annexation Would become effECtive January l, 2406. Sectiun 4. The~ City Clerk is hereb_y authorized and directed tq prqmptly furilish to the Bnard of Commissioners f'or Spokane County and the Spokane County Auditor a certific<I copy of Chis Qrdinance upon adoption. Section 5. Severabilitv. lf any section, subsection; sentence or clause oF this ordinance is fnr any reasoii held to be invalid; such dec.ision shall not affect the valiclity of the remaining provisions of t:his ordinancc. Section G. Effective L7ate. 'C'his Ordinance shall hecome ci'fectivE five davs after publication of this ordinance; or a summvy thereof, in the official newspaper of t:he City. Adopted this day of viarch, 2005. . \ Cit.), of Spokane Valley Mayor, Diana Wilhite ATTEST: Cit_y Clerk, C:hri3tine Bainbridge Approvcd as to Form: Iaepuly Ci4y ACtorney, Cary P. L7rislcell ~ Urdinancr. 65-01 l; aiinexatian to SCI..q P.gsc 2 0l'2 CITY OF SPOKANE VALLEY ~ Request for Council Action Meeting Date: Wlarch 8, 2005 City Manager Sign-off: Item: Check all that apply: ❑ consent 0 old business 0 new business Ll public hearing ED information ❑ admin. report ❑ pending legisla#ion AGENDA ITEM TITLE : PROPOSED STORMWATER REGULATIONS GOVERNING LEGISLATION: City Ordinance 03-031 Establishment of Storm Drainage & Surface Water Mgmt Utility, City Ordinance 03-032 Adopting by Reference, Spokane Co Guidelines for Stormwater Mgmt as Interim Guidelines PREVIOUS COUNCIL ACTION TAKEN: Council Meetings on January 20; 2004, February 24, 2004, August 24, 2004, February 15, 2005, and February 22, 2005. BACKGROUND: On January 20, 2004, we presented an overview of stormwater management within the City. Existing stormwater management requirements were discussed. , On February 24, 2004 staff conducted the first reading of revised draft regulafions for ~ j stormwater management. Additional work was needed on the regulations. Staff initiated a consultant study to review existing swale design regulations. Staff and the consultants presented the findings of the study at the August 24, 2004 Council meeting. Staff revised the regulations based upon the consultan#'s recommendations. The SEPA review was completed in September 2004. CTED completed their review of the proposed regulations in October 2004. A public hearing was held at the December 9, 20Q,5r-// Planning Commission meeting. The Commission had several comments that have been incorporated into the ordinance. The Commission reviewed the changes on January 13, 2005 and recommended adoption of the proposed regulations. Staff presented an administrafive report to Council on February 15, 2005. Several changes to the ordinance were discussed at the first reading which occurred on February 22, 2005. Staff recQmmends adoption of the proposed regulations. RECOMMENDED ACTION OR MOTION: Council move to approve Ordinance 05-013. BUDGETIFINANCIAL IMPACTS: None STAFF CONTACT: John Hohman, P.E. ~ ATTACHMENTS Ordinance - Stormwater 9.08 CI.TY OF SPOKANkd VALLEY , ~ SPn1C.A_NE COUNTY, R'ASHINGTON ORDTNANCL NO. 05-013 Al\~ OR:DINANCr QF T.HE Cl`1'1` C)F SPOKA\TL VAI.,I.:I;?', WASHIIVGTON ESTABI,ISHIITG SGCTIQn` 10.09.08 STQRNTAN'A IElt NIANAGEW'NT IZI:GULATIONS OF THE SI'OICANF. VALIfEY UNIFORM DEVELOYM.FNT COvE, RE,PEALING R];GULATIOIVS IN CQNF-.LIC'T, 1'ItOVID1NG FOlt SLVE12AI3mT'f7' ANU Eh"FECTIVE DATF. WHM12.E:AS, the purposc of this ordinance is io nrovide authorit_y tor slormwater review, development ancl control with respeat to the tise of Iand, die construction an<1 rnaintenance of swrmwater Tacilities on publie and private property, the unlawfiul c(ischarge of pollutants inta n stormwater faeility, and other matters properly relatect lhereco; WHl•;'TtEAS, Congi-ess enacted the Safe Drinking Water Act (S1aWA) to protect public healch by regulating the nation's drinking water suEaply. The Act authorized the Environmental Protection ,Agency (EPA) to pratecc surface ancl groundwatcr supplies; WHERFr1S, un(ler the SL7WA, EPA determined diat the Spokane Valley-Rathdrum Prairie Aquifer %vas the sole or principal source of ctrinking water in this region (Sole Sow•ce Aquifer or SSA). Tliis determination meant that no federal finaneial assistance ma_y be used in this region for an), project which El'A determines may cont:aminate the aquifer resulting in si~mifcant hazards to public health or the environmenC; WFiLiZL:AS, the SDWA also escablished the lJnclergrounc! Injection Control (UIC) 1'rogram to provide saFeguards for underground sources of drinking water. EP/\ delegated UiC aulhority to the Washingiqn laeparl:ment of Ecology (Ecology); NN'HM1tEAS, EPA and reology Ilave determined that public and privatc constructiAn projects must meet ~roundwdter protection standarcls and h~ive recognized tl~e Spokane County Guideline,s fi~r Stormwater Managerne.nt as such standards; WFIE•REAS, dtrUugh Ordinance Nlo.03-32 the City of Spokane Valley adoptecl the Spol:ane County Guidelines for Stormwater Management as amended, as the interim design guidelines for stonmwater managcrnent wilhin the City of Spokdne Valle?; w1TTUraS, in arder to provide for the continued manaLement and control of'stormwater wichin the City il is necessary to develop regulations ihat relate to the cOnStruC[iOn and maintenance of stormwater facilities within the City; NOW 7'HEl'tE,FURE•; the GiCy Council of the Cit:y of Spol:ane Valley, "lashington do ordain a-s fol I oNvs: Sectian 1.. Section 10.09.08 of the Spokane Valley Uniform T)evelopment Cocle is hereby cstablished to read as follows: "Section 10.09.08 StormNvater Management Regulations Section 10.09.08.01 I=inding and 1'w•pose. The increased flow nf surface water from the use and development: af real property within the City must be managed to protect ~~ersons, prop~ert~~, and the environment. Stormwate►- facilities are a cammon feature of urban development which must be Storimwatt.r Ordinance 05-0l3 Paee 1 of 7 constructed and I7181I1tained when property is de<<eloped or redevelopcd wilhin a gcographic area. "1'he City shall implemeilt policies and procedures t:o: (1) Minimize tlle degradation of water qualit_y in surFace anct grounclwatcr; (2) 1'Zeduce ihc impact fi-om increased surface water ilow, erosion antl sedimcnta[ion caused by the development of property; (3) 1'remot:c site planning and Iancl dcvelopment practices [hat are consiscent: 'xith the topographical and hydrological conditions; and (4) Maintain and prptect public ancl priwate property that is used and dedicatcd i'or stormtivater managemenC. Section 1.0.09.08.02. Definitions, The iollowing definitions shall apply throughout this sect.ion: A. "Best managemenc praetices (13MP)" means currently awailable, feasible and generally accepted techniques or practices that mitigate the adverse impaet from the uncontrolled stormwater on the environment, surrounding properties and infras[ructure, B. "City Propen:y" means real properly ownetl by the Ci1:y which may include easemcnts, dedications and rights-of way. C. "City Standards" means the "Spokane Coun _ty Guidelines far Stormwater Management" and other standards devel4ped or recognized by the L7irector that relate to best management practices; threshold requirements for a site drainage plar), excmptions, permitting pracesses fonns and such other matters for the administration of stormwater control. D. "Uireccar" means the City Director of Public Works as authorized by the City ~ Manager. E. "Erosion" means the disturbance of land or lrtin5poriaCion oP soil Or UCher na[ive materials by running water, wind, ice or other geological agents. F. "Pollution Generat.ing Irripervious Surface (PG[S)" means surfaces that are subject to vehicular usc, industrial activities, or storige of eroclible or leachable ma[erials [h<it rcceive direct rainfall, or nm-on or blow-in raiiifall. Metal ronfs are. PGIS anless coateci with an inert, non-leachable materiaL Roofs lhat are subject to venting of commercial or inclusirial pollutants are also considered PG1S. A surfaee, whether paved or not; shall be considered PG1S if it is regularly used by ►notor <<ehicles. The fiollowinc) are considered regularly-usc:cl surfaces: roads, graveled and/or paved road shOulders; bike lanes within the iraveled lane or a raadwity, driveNvays, parkinj lo[s, unfenced firc lancs, vehicular storage yarcls, and airport nimways. G. "Site Drainage Plan" means a plan prepared b}' a professional Engineer license<i in the State of Washington chtil: idenl.ifies the skormwater contrql area, Stonmvater facilities anct olher measures reasonably required by the I7irector. 'f"he plan s11311 contain analysis and reeommendations based upon the "City Standards". 1-1 "Standard Soils" means soils comprised of the Natural Resources Conservat:ion District groups: Garrison, Spririgdale, 13onner; and I-lagen. "Stormwater" means [hat portion of precipilation or snow melt that has noi naturally percolatetl int.o the ~round or ottiertivise evaporated, but is containcd, transported or flowing above ground throu~~h streets, s~vales; channels, nipes, artificial or natural surfaces. y Storniwater Ordinancc 05-013 Page 2 of 7 J. "Stormwater Faciliry" means the drainagc system including; but noC limited to; drywell, channel, inlet, curb drop, swale, ditcli, decention, retention, and/nr infiltrstion facilicy designed to contain and conlrol stortmvater. K. "Swale" means a constructed depre.ssion for the Ueatment and disnosal of stormwater runof('. 7"he swale shall he clesigned by an engineer licensed in die stste of 1'Jashinbton. L. "Threshold Requirements" mei►ns the level of development, vrolume, or peak f9ow of Stormwater thF►t must Ue cpnirOlleC1. M. "Performance Surety" means a financial ouarantee that infrzstructure require.cl for a project wil) be eonstructed and certifiecl aecnrding to the aeeepted plans and specifications ancl all applicable standards. IN. "Warran[y Surety" means a financial guarancee against defects in the eanstruction of all required infi•astnacnire for a project. Scction 10.09.0$.03. Regulated Activities. \jo person on any public or privatc real property located within the Cih', shall eneage in the following regulated activities without first obtaininD stormwater control approval from thc City. The regulated activities for developrnent are: (1) Gradino oi' Iand in excess of 500 cuhic yards so as to require enviranmental review pursuant to the St3te Environmcntal Policy Act; (2) Construction of; or addition to, a building (except a single-family or duplea residence) or placemenl: of impervious surfaces that exceed 5,000 square feet; and (3) The subdivision, short subdivision and binding site plan process as dciinecf in RCW Chapter 58.17 and City Qrdinance. Seclion 10.09.08.04. Authoritv to develop and administer standards. I°he Director sMall develop and adininister City Standards that: relate co best manage.ment practices ancl the threshold requirements for the developmenc of stornnvater control f'acilitis3. The Oirector is furtlicr authorized to develop policies ehat relate to the submission and modification ofstonnwater, erosion and sediment control plans_ Requirements and perforrnsncc stanclarcls that include best msnaDement practices shall be designed lo eontrol and contain stormwater, reduce soil erosion and sedimentation through the use of temporary and perrnanent practices and facilities. The requirements shall be designed to permit: flexibility in the choice of stormwater erosion anci sediment control methods that meet the specific circumsttinces of eacli site and intended use. A. Revicw Process Follnwing submittal of a re.quest to engage in a regulat:ed activiry, the 17irector shall review the proposed regulatc.d aekivity including 1iiy plans or ot.her submitted material. 'I°he Director shall determine whether the rcgulated activity is cxempt Fi-om review haseci upon the thresliold requirements; or alternatively, whether che regulated activity eomplics with the standarcts, specifcations and requirements c4ntained in the City standards. The Director may require the submission of adclitional material and/or analysis to allo~v the proponent to demonstrate eompliance with Ciry Stanclarcfs. Section 10.09.08.05. Condicions of Approval. The Uirector is authorized ta inipose development requirements or conditions of approval for the regulaletl aetivities. TI1e stormwater requiremcncs or Londitions may be placed on che subdivision, binding site plan, issued permit, or a recorcted maintenance covenant and ageeement may be placed upon a parcel or lot where drainage facilities will be developed. ~ Canditions of <<pprova] shall bc based on the City Starkdarcls, the prelittiinary Site D+-ainage ]'lan, engineering reports or other relevant data that promotes stonmvater control, protection of adjacent propei-ties, uliliiies nr other storrnwater facilities, slop-c stabiliz~ttion and the environment. Stormwater Otclinance 05-013 Page 3 of 7 The recorded covenanl and agreemenl shall he in substantially the following form: 1. " Biryer is purchasing fi-om Seller I.ot Block br the final plal uJ recnrded irr the records ojthe Spokat7e Co:nin, .4 uditor on the . dcry of . 200_, cri vulunte vf I'Ifrts, Page siuiatccl in the Ciry of Spokaire vulley, Spokatre Coanaty, TPuslrington_ tn accordrnace with the frraal plat artd the Coirditinns nfApproval t6iereaf !he (ibove descrihed lot canaain.s rnr ensennent jor u di•ainnge s►vale irrlu wjaic6r stornnvuterlloti>>s fronr paved s utfGCL'S wlII77)1 the J7IC1I GYICI fYOp1 )'OQCIWCIV GIJICI Sidewalks adJacent to the. plat. 3. The draiirage stivnle frt~.c Gee» constructed, staClded wityr gruSS, and irrrgated. 4. The Par•ties desire !o pruvide fo►• the perpetaral ntainlenurrce, repuir trnd repltrcenrettt of the drairrage swale cmd it,s irrigutionsyslem. NOW, 7HFREf%'ORE, in co►7siderution nf1F1e irlutual cuvEnun1S UIJCjC,'U17(.Il!lp17S COJ'11CII1JBCI J?EYe171 tuzd the recitals stnted abvve, the Parties agree as follasvs: 1. Buyer ugree.s to mairrlairl the druiricrge .swale an the lot descrrbed above by ntotiviilK, jcrtili=ing and tivatering the gruss iir the swnle to keep the grass heult6ry uPZCI the stivcrle well- kept rft appeurunce. Z R. ING'1' Nvillprovide and pcr}j fo+° wcrtc:r to ii•rigate the drairrage swale. ln additiorr 13uvEr ugrEes to keep the druinuge .swale irrigatioyr systeni in guod reptrir und functio»u! for its intended purpose. 3. Bt.ryer agrees !o remove litter arld debris fram the di°uiiruge swvule cr,ad furtlter r.rgrees not to alter the shr.,pe nr grade of 117e druitiuge swufe tror pltlce urry oGject, structure, or veliicle ~ withirr the drairinge sivulE. 4. The C'iry nf Spokarre Yulle)> >vill c•leuii arrd repair any dryN,ells, inlets, arrd pipes that recei>>e rcirtofffronr public righl of wm, mrd cor foi-irr to Ciry uccess stanclcrrds. 5. Btryer ttrrderslcrrrc'l.s artd cigrees tlrni if the drairrcrge swcrle ~s no1 kept und m'r-rinlained as provide.d lrereirz, the City nj.,Spnkrnre Vnlley trrcry arnclertnke said nlarriletlance und repuir uticl charge Br.o;er for its labar aiid mairitei7aiice. 6. T'he Agreei,7errt sh.nll rear with Ilre lujid in perpetzliiy uriless revvketl by the Crry of Spokurre Vallr.y. " The City iiiay also enter intc, a developmetit agreement witli the person having ownership or control of the real property that is subject to this Ordinance. Such de<<elopment agreement shall be entere;d into pursuant to RCW 36.70B.I70, et. sec. Secti<in 10.09.08.06. Design Elements. Draitiage facilities within single-f'amily or two-family residential subclivisions sliall he designed as follows: . (1) Continuous swales running the length of the street located behveen the curb and sidewalk. These swales shall be within City right-or way nr within a border e:asement granted to the City, or; (2) Consolidated poncls or swales that are located on a separate tract or lot owned by a hnmeowners association or dedicated to the City. Consolidated ponds or sNvales are aceeptable within private commercial developments. Sectiun 10.09.08.07. Uesiim Methocf. Drainage ponds and swale.s located in Garrison or other % standard soils may use the ecIuation below to determine the size of the facility: Stormwater Ordinence 05-013 Page 4 of 7 ~ V = 1133 A, ~~~here ~ V= Volume af swale (cubic feet) A= PolluCion generating impervious surfaee (acres) Engineers designino drainage facilities located in non-standard soils must submit a desi~n deviatinn in iic;eordance H=itli Section 9.08.08 ancl receive approval from the laireccor prior to utilizing the above method in their desi~;n. Geotechnical justifcatic~n will be requiretl. Section 10.09.08.08. Deviations anci Appells 1. Authorily. The Director rriay brant a deviation from the requiret'nents of this Ordinance or Ciry Standards. In arantin~ any cleviation, the Director may nrescribe canclitions that are deemed necessary or desirable i'or the public interest. 2. Iaeviation Crileria. No deviation shall be o anted unless the applicant demonstrates, to the satisfaction of the Direct:or, the following: A. Deviations are based upon sound eueineering principles, best manaoement praciiccs and are nat inconsistenl wit.h the public inCerest in stormwater control and environmenta) protection; and B. The granting of the deviation will not be uiiduly detrimental or injurious to othcr prapercies in the vicinity and dowmstream. C. The proposed deviation cloes not cnnflicc with or modif~, a condition of approval. D. DcviaCions meet reqtti.rements for safety, function; appearance, and tnaintainability. 3. Prior approval: Any deviation shall be approved prior to aceeptance of residentiat and commercia] construction pIans ancl issuance of any building; appraach, or site wrork permilS. 4. Right of appeal: All actions of the Director in the administration and enforcement of t:liis chapter shall be fnal and conclusive, unless within 15 calendaa• days fi-om notice of the 17irecior's acfion, tlie applieant or an aggrieved party files a notice of appeal with the Hcarint; Examiner. Seefinn 10.09.08.09. Stormwater ]=acilit}, Constructinn and Cercification. All stqrmwacer facili[ies shall be compleccd and eerlified by the proponent'S enginecr prior to any final plat, shoiK plat, binding site plan, or the issuance of a perrnanent Certificate of Oecupancy or final inspection for any assoeiatecE builcling. At the discretion of the Direeior, a test of the facility may be performed to demonstrate adequate performance. Thc test shall be perfArmed in the presence of Public Works pe►-sonnel. rlecep4ince of performance sureties in lieu of completcd improvements shsll be penniCted only when completicn of improvements prior to final land action or permanent Ceirtificate oPOccupancy is impractica] (i.e.; due to construc.tion season dclays or other factors belrond the proponent's control). Thc period oFthe surety shall be limited to a rypical cluratian eight months. In the e<<ent that H perfornlanee surety is accepted by tlic Direcror, the proponerit vei1] eomplete the following measures prior Lo the release of the surety: 1. AIl aspeets of the drainage facility, includin- lanclscaping, irrigation, tuid establishme.nt of specifed vEgetation; shall be completed in accorclance with the acccpCed plans on file with thc . ~ City. The proponent's engineer shall certify the improvements and request an oversi~lit inSpec.tion frorn Public Works personnel. Stortnwater Ordinanr.c. 05-013 F'age 5 of 7 2. An exception miiy he granted rar single-family or two-family residential subdivisions where the compleCion of the swales is not praccical until such time as thc dwellinas are constructed. The proponent shall rouDh grade the swales to the requirect volume and instalt al) <Irywclls, inlets, curb drops and other stivctures in accordance with the ac.cepted plans on filc with the City. Erosion control measw•es shall be implemented tn procect the installed drainage sti°uctures and to prevent crosion andlnr failure of the swale side slopes. 'I'he eomplction of the landscaping, irrigation, and establishmcnt of specified vegetation shall be required prior to issuance Qf the permanent Gertificate of Uccupttncy or final inspecCion for any associated clwelling. ,A warran(y surety shall be submittad to the Cit}' upon successful completion and certitication of all public improvcments to guarantec against defects in construction. The warranty suret), will be for a perio(I of nwo (2) years from the date the faeiliry is accepted by the City. Section 10.09.08.10. lnspection. The Director is authorized to field inspcct; as appeopriate, street, buildirig site; and drainage construction to verif'y confonnanee ~vith City standards and the conditions of approval. Scction 1.0.09.08.11. I'roperty Qtivner Responsibilities. A. The properry owner shall comply wiCh provisions of this section zjnd Cit)' standards. The property owner shall bE responsible for repair, restoration, and perpctua) inaintenaiice of the stormwater facilicy installed on private properiy and any poriion of the swale situated in a public right-of-way adjacent to their respective properties. For purposes of this chapter, "repair and reslorat.ion" shall mean conforming the storimvater faciliry to dhe plans on f'ile witJi the City. `fhis responsibilicy to repair, restore and maintain shall be impasecl without regard co any f.'ault or wrongful intenlion on fhe part of the nroperty owner. "Maintenanc;e" means preservation of ihe original area; volume, configuration and function pf the stormwater facility as described in the plans, "Maintcnancc" also includes mowing, irrigating, and replacing when necezsary; tlle lawn Curf within the swales. `I'he propercy owners witliin siriole-farnily and J rivo-family residential subdivisions are not responsible for maintenatice of structures such as drvwells, irilets; and pipes thal rcceive runoff from publ ic right of wny and conform to City access stanclards. The Ciry of Spol<aie Valley will maintain t:hesc structures upon acceptance of t:he public infrastivcture. B. The property owmer is responsible fnr kecping qpen the drainage and stormwater easements on their property. If a drainage or stormwaler eascment is unlawfully encroached upon or the funclion of a designated drainage or stormwater cascrr►ent is recluced, the nroperty owner is responsible for removing die encroachment or deiriment. C. The properly awner is responsible for keeping open mainten9nce access easements serving drainage facilities and drainage e.jsemcnts. D. The l'roperl:y owner shall not place or permit, and shall immediately rernove, vehicles, equipment, objects, refiise, garbage or lirter fi•om the Storm%valer Facility. Section 10.09.0812. 1'ublic laraina,e Pacilities. lt shall be unla%vful fqr any persQn io throw, drain, pour or otheitivise diseharge unauthorized waters or olher liquids onto Ciry property, riohts-of-~vay; or bordcr easements, without written pe37nission of the Director. T'or nurposes of this chapter, unaul:horized waters inclucfe, btit are not limited to: (a) Groundwater Prom sprinbs or othe►• natural or ariificial sources, foundation clrains, sump pumps, and odier means of discharging gp-oundwater to che surface; (b) Surface water eonCaining sediment; (c) Uischijrges from swimming pools, hnt tubs, det•ention or evapai-ation ponds; (d) tiVaccr discliarged from the cleaning af containcrs or cyuipment used in Iaying, euttiiig, or processing conerete and mortar and the water used in such proc.ssses; (e) Water diseharned fi•om the cleaning of eyuipment or eontainers haldino paint solvents or similar contaminants; and (o Other water Jyosing a safery hazard in tlle ~ J Storniwatcr Ordinance 05-013 Pa;e 6 of 7 [ravel way or tliat could reducc. iJie effectiveness of stormwater control ancl treatment 1'acilities. Scction 10.09.08.13. Failurc t:o Comaly-liuisance. 'fhe following is declarccl to be unlawful and a public nuisance: (a) 'fhe placement, construction, or installation of any strucmre within, or the connection to, a public Stornnvatcr Faeility without wri[ten permissiqn of the lairector; or (b) The disehauge of stonnwacer to a public Stormwater Facility without permission of tlie Directot•; or (c) "I`he failure to const:ruct or maintain thc Starmwater Facilit:y as required in the perinit or siCe drainage plan; or (d) The placement or allowing the plac:ement of vehicles, equiprnent, objects. refuse, garbage, or litter xvithin the stormwater facility. Section 9.08 is subject to the provisions of Sectiun 10.01.20: of the Spokane Valle.y i.Jniform Developme.nc Cocle. For pw•poses of tF►is section "Director" shall bc the Director of Public Works. Section 2. Repealer_ Provisions of lhe Spokane CounTV Guidelines for Stortnwater Managemenl in conflict are 1lcrcbv repealed. Section 3. Severabilitv. 1f any section, sentence, clause or phrasc of this ordinanec shall be held to be invalid or unconstitutional by a court of cnmpetent jurisdiclion, such invalidity or unconstitutionalicy shall not affect the validity or constitutionalit:y af anyo uther section, sentence, clause or phrase of this ~ Ordinanee. ~ Section 4. Effective Date. This Ortlinance shall be in full force and effect fve (5) days afte.r clace of publication of chis Ordinance or a summary thereof in the orfcial newspaper of the City. FASSLI7 by che Cit}, Council this day of , 2005. ATTE ST: Mflyor, Diana Wilhite CiCy Cler.k, Cluistine Bainbridge APPROVFI) AS l'C) FORM: Deput}, City Attorney, Cary Driskell Date of Publication: Tfit'ective DatE: Stormwater Ordinance 05-013 Page. 7 of 7 i CITY OF SPOKANE VALLEY ~ Request for Council Action Meeting Date: March 8, 2005 City Manager Sign-off: Item: Check al) that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing (E information N admin, report ❑ pending legislation AGENDA ITEM TITLE: First Readinq: - An ordinance amending the provisions of the Right- of-Way Vacation Requirements. PREVIOUS COUNCIL ACTION TAKEN: City Council adoption of Ordinance No. 04-002 (Street Vacations) in January 2004. The ordinance was codified in Title 10 Article III of the Spokane Valley Code of Ordinances. City Council was briefed on the proposed amendments on February 15, 2005. Planning Commission held a public hearing on February 24, 2005. BACKGROUND: The City has processed four street vacation requests since Ordinance 04-002 was adopted. As a result of questions which arose during these actions, several amendments should be considered: 1. City signatures on survey documents are unnecessary on documents prepared by a licensed Washington Surveyor; 2. Survey of properties outside the area of the actual vacation add additional cost to the survey without commensurate benefit to the petitioner; 3. Monuments provide control points for property owners, as well as establishing monuments in areas where rnonuments have been destroyed as a result of past street construction activities; 4. Providing the governing body with necessary findings by the hearing body which receives public testimony establishes the basis for legislative findings; 5. Requiring documentation of the transfer of title by means of a quit claim deed formalizes the transfer to abutting owners; and 6. The repeal of the existing code references and the establishment of a new section renumbered as part of the Spokane Valley Uniform Development Code. (Title 10 of the Spokane Munic+pal Code) A Determinatian of Non-Significance (DNS) was issued on January 20, 2005, and the proposed ordinance distributed to CTED and adjacent jurisdictions. The appeal period expires on February 18, 2005. No final action of the proposal will be scheduled prior to March 22, 2005. OPTIONS: Move to advance ordinance to a second reading; provide staff with other direction. RECOMMENDATION: Move to advance Ordinance 05-012 to a second reading STAFF CONTACT: Marina Sukup, AICP, Community Development Director Cary Driskell, Deputy City Attorney - ATTACHMENTS: Draf# Ordinance llraTt C:17'Y OP SPOKANE VAI..[..FY, Sf'OI{ANE COIJNTl' WAS1-11-INGT0N ORDiNANCE NO. 05-012 AN ORD1NnNICE OH `I°HE Cl7`Y QF SPni<.ANr VALLEY, SPOKANE. COUNTY, WASH[NGT0N, RENUMBE-R[NIG A1~1T) Ay1.F.NUL\iG Sl'OKANE VALLEY VIUNICTPAi., CODE 10.05.220 ART[CLE ill RE1.,ATTNjG "10 °I`HE REGULATlONS I=OR T1-Il:, VACAT10NI OF f'U13L1C S7'REET RIC,HTS-OF- WAY- WHE1tEAS, RCW 35A.47.020 prqvides statutory aulhorit:y for cit:ies to vacate public riehts-of-way; WHEREAS, IZCW 35.79 provides ageneral procedural fi•amework for cities to vacate public right~-qf- way; an(! WMERLAS; Spokane Valley Municipal Codc 10.05.220 establishes the procedures and requirements for the vacation of public rights-of way; NOW, 7'I-IERCFORC., T1-fE C1TY COiJNCLL OP THE C17`Y OF SPOKANE V.AI:I..rl', WASHINGTON ORL7MNS AS FO1.LOWS: Scction I. Secrion 10.09.04.10 of the Sa)ol:ane Vallev [Jiiif'orm Developmciit CotEe is herebv established iu read as 1'ollo-ws: "SEC'I'ION 10.09.04.10.01 4-4:055.238 - Purpuse and intent. 1'he purpose of tliis art:icle is ta ~ csiahlisll procectures, nofiee requirements and fees for the vacation of streets anci alleys within the city in conformance with Ai4iele . ertt [he authoriry granted to the city b_y Chapter 35.79 RCW and RCW 35A.47.020 if! ee~f-liE€-}:~e~~e~~r~;~~~i~~e~i~►cl-Ek~e - _ . . , l~e-eE.~r4~r-~~4~~~ tca rcad as f'ollows: "SECT10N lO.Uy.04.1U.02"''.~.23:; - Initiation of Vacation. The owners of an interest in any real prnperty abutting upon any street or alley who may desire to vacate the street or alley, pr any p3ri ihereof, may petition the City Council. in the alt.ernative, the City Council may itself initiate a vacation b}, resolution. The petiti4n or resolution shall be filed .vith the City Clerk. SLC7'lOV 10.09.04.10.0310.'0 - Fetition for Vacation. The petition shal) be in a forrn prescribed by the Communiry Development Director (hereinafter re.fcrrecl to as "the I7irector" or his or her clesignc;.ej ancl shHll be signed by the owners of more than two-tMircls of Che property flbultirig thC pUr[ion Uf the Slreet: Or iiIley sousht to be vacated;. - shalk °_d;s^.,:° ,h° •t .,i S i i r h n~9fleB-:p~d-s ,.rti,o o,..-:,,.. ,.h~ -,_eueFRed i.y pc-W 3c n nz n,in SLC'1'10N '10.09.04.10.04104)---_~_-- Fetition fees. Every petition for the vacation of any street or alley or iin_y part thereaf, shall be accompanied by a fee in an amount established by resnlution of the city to clefray a portion of the actministrative costs incurred in proce.ssing the petition and publishing; postina and mailing notices. '1'he fees shall not be refunded under any circumstances. \,J "I'he amount of the petition fees shall bc set by Resolucidn; and the set amount shall be sLitecl in the City of Spokane Valley Mastcr Fee Schedule. I Street Varation Urdinance amendinj R renumberin` 9Fd~3ec-94-8(33 Page 1 of 6 1:) rt~ ft SFCTIQN 10.09.04.10.05 4A):0-64- Suhmittal ReyuiremenLti for Petitions. Gvery pecition shall be accompanied by: (1) an Assessor's Ivl.ap 1'ram the Spokane County Assessor's Office showing with a solid red line the port.ion of the strect. or alley sought to be vacated, (2) 1 viciniry map showing the general area of the proposecl vacat'ion, (3) a copy or the ret;c1rcl of si.irvey, if available, for the subject street and alley propnsed for vacation and abutting propert:ics and streets and alleys w sidas-444ie-p+-eposad-N-aeation: (q) written evidenee of any and all easements or allowances or reservations, public or private, pertaining to the street or alley Jaroposed for vacation; e++d-(S) a written narrative describing the reasons for the proposed street viic;ation, the physic;al limits of the proposed sti-cet vacation and the public benefit of the proposed street vttcation, and (6) a one ineh equals onc hunclred I~oot site IWI ) showine prpposecl dittision of vacation.. SECTTON 10.09.04.10A6 4-0:0-5:27f~ Setting of Elearing. Upon receipt of the pelition, the fee and all required doeumcnts, the City Gerk shall forward the petition anct required documents to the Director, who shall determine wIiether the petition has been signed by the owners of more than huo-ttlirds of'the properry abutting the part of'the street or alley ta bc vacatecl. ].f the petition has been signed by the requisite percentage of such owners, the DirectAr shall bring the petition before the City Council within 30 days of receipt of the petition, and the City Council shall by resolulion fix the time when the petition will be heard by the Ciry Cauneil, ar a committee of the City Council; which time shall nol be more Chttn 60 days nnr less than 20 days aftei- the adoption of the resolution. Where the Cify Council initiates the vacation by resolution; that resolution shall fix the time whe.n the proposed vacation will be heai-d b_y the City CQUncil or a committee af the Cicy Council. ~ t SEC'TIbN 10.09.04.10.07 40:41-.--389 Staff I7eport. `I'he Director, in conjunction wit.h the Public Works Depsrtment shall prepare a report concei-iiing the proposed vacation. The Public Worlcs Department Shall be responsible for conducting a needs analysis of the street: or alley proposed for vacation in consideration of existing and future transportation system needs and requirements. The report shall acldress the criteria (see Se4;on-444 to bc considerecl by the City CoLuIcil in determining whethcr to vacate the street or alley, and sueh other intornlation as deemed appropriate by the llircccor including but not limitcd ta drainage requirements; street closure requirements such as the removal and replacement of concretc, asphslt, and placemeni: of barriers limiting vehicle movements. In preparing the report, tlie Director shall splicic comments fi-om the Police Depai-tment, the Fire Department and may solicit commenis from other governmental agencies and utility companies having jurisdiction or utilities within the boundaries Of Lhe Ciry. "1'he report shall be submitted co the Plannint, Commission and to the petitioner and his or her representative, not les5 t:han seven (7) calencfar days before the hcaring. SLC1'ION 10.09.04..1.0.08 Nutiee uf Hearing. Upon the passage of the resolution fixino the [ime for hearing the petition or prnposal for vacation, the City Clerk, or the nireecor, -icting under ctirection and sunetvision of the City Clerk, shall give not less than 20 days' iiotice of the time, place and purpose oF the hearing by (1) posting of a written noticc in three (3) conspicuous placcs in the Ciry; (2) publishitig written notice once in the City's official newspaper, (2) posting a minimum hvenry-four (24) inc.h by thirty-six (36) inch notice sign in a conspicuous place at each enc{ oCthe street or alley sought to be viicated describing 4he proposecf vacation and the dace, cime and location of the public heairng; and (3) mailing writtcn notice to all petitioners at the addresses on the pe•tition and all owners of property abu[tin- the street o►• alley proposed to be vacated, as shown on the records of the Spokane County Assessor, not to exceed I Street Vac.ation brdinance amendinc, & renumbe.ring ~treet~Ke~iur~-C)r~ir~xfice-{~~-AO? Pagc 2 of 6 I:) ra fi ~ninety (90) calcndar days fi•om the date of the piablic hearing. Thc Director shall send the sarne writteii iiotice lo the representative of the petitioncrs at the address on the petition. SEC'I'1C1\' 10.09.04.10A9 4-0:05:300-- Protesf. If fifty (SA) percent or more of the abuttin(i property awners file written objections to a Cir.y CC11111CII-II11Ltr1tCd vacation with the City Clerk, prior ta the time of the hearing, the city shall be prohibited fi•orn proceeding wit11 the vacation. SECTIOn' 10.09.0=1.10.10 10~~-3:1-0- Planning Cnrnmission lteview and l7ecoRUnencfatioo. The hearing on the Petition or proposal shall be held beforc the 1'Ivmin~ Commission upon [lie day fixed by resolution or at the timc to which a hearing may be adjour-iied. In its consideratoin of the proposecl vacation pf the screet or alley, the Planning Commission shall ren(ler a recommendation based on the following c.riteria; speeifiee!n-}_I • A. V4'hether a chanp-e ca_f use or vacaticm ofthe street ur alley will hEticr senre the t)ublic; B. Whether the street or alley is no loneer required f'or public use or ~~ublic access; C. Whether the subscilution of a new and different uublic wev Nvould be more useful to the public: D. Whether canditions map so chanye in the firture as ro provide a=rf;ater use or necd tlian presentlY exists: and E. WheCher objections to thc proposed vacation are made bv Uwners of rivate rp opertv (exclusive uf petitioners) abuttinR the Street or alleV Or bther Qoveriiirlcnfal tigencies qr mErnbers of the general publit. Following the hcaring, the Director shall forward the Ylanninb Commission's recommendation and the hearing minutes to the City Council at a regularly scheduled meeting. If a hearing is helcl beforc the Planning Cominission, it shall not be necessary to hold a hearing before, the City Council, prnvided that the CiCy Council may at its discretion determine to hold a separate hearing on the proposal. SEC'f1(7N 10.09.04.10.11 '".,~"-,=,.r.; - City Council Dccision. 1'ollowing the he3ring ancl receipt of the Pliinning Comiiiission's recommendation the CiYy Council sliall determine whether to vacate the street Qr alley. The tlelernlination shall it►tWecunsider, bul nnt be lirnitcd co; the fndinl-,~softhePlanning Commission. c-effsii~ic~ . •t - . --A-.Wl]eFE18 ,.N..,,,r,-,,. ,.F..~E-Of e.,t:a., ,.rti.e s,,_...6E-OI'atio_• wtli t,.-.f,..i-SHfVE'--1hL'-P b}t~ B--whorher r/,o ..r....ei `*44ey-FS-F}^v-i^^rr^'-r"c'}Bf:PS~r, ~r..'. 4Wae~i,~,• t~rR~~zie q., nekk, .,a a,rfe..etN-pctblic-wey-w6~•IEI-Iae--~r~~r~;~~'trl-le the publie; wiheF oet~~E+tienq +1111ysca-~#~€rir~je-EF~e~~ttr~-tts-te-~~le-t~Fe~~te+-~~e-~Fieed t4wp~se[#ly exists~ filid Wheflief . tmie _ ~~t-ien-a+e--mflde--6~wN."tet"---#=~i-v~~-~`t (ekC-li!$ivE`-t=~1=pe . , ` ^kF£'ee er .,Ilo_ er-~ - g8N@tf.'S--@I=-mL'ers 8ff12~~~~ ~ Strect Vacation Oi•d'ulance ainending R. remambering Su~eet V t-t6ofi-Or-df*a*e-e-04403 Page 3 of 6 U ra [t lf the City Council determines to grant the vacation, the action shall be.made by ordinance Nvith \ such conditioris or limitations as the Citiy Council deems necessary and proper to preserve any : desirc.cl publie use or benefit. `I'he ordinance rrrttv-sllall eontain a provision retaining or requiring conveyance of easements for construction, repair and maintenance of existing and future uiilities and services. Pursu.int: to TZCW 35.79.040, the City Cnuneil in approvina a strec.t. vaeat:ion requcst: shall speeify that the vacated portinn of the sirect or alley shall belonc, to the abutfing property o«mers, one- half to eaeh, unless f'actual circumstances otherwise dictate a different division and distribution of the strect or alley to be vacated. The City Council reserve,5 the right to require compensation as a condition of approval of ordinance aetion, provided that such cornpensation shall comply with the requirements of RC W 35.79.030, and further, thal tjny rcquirecl compensation shall be paid to tr►e City priUr tu the CiCy's p3riicipaiton in required title Cransfer ac[ions. SEC"I'ION 10.09.04.10.02 " A30 Vacation of Wxtcrfront Strcets. A. The city shall not vacate a street or alley if any portion of the street or alley abuts a body of veaier uiiless: 1. The vacation is souglit to enable the City to acyuire the property for beach or water access purposes, or lauuiching sites; parl:, public view, recreaCian, educational purposes, or other public uses; ~ 2. The City Council; by resolution, declares that the street or alley is not ' presently beint used as a slrect or alley and chat the street or alley is not suitable for any Af the following purposes: beach or water access, launching sites; pvk, public view; recreation, or education; or 3. `I`he vacation is sought to enable the City to implement a plail, adoptccl by re_solution pr ordinanee, that provides comparable ar improvecl nublic access to the same shoreline area to evhich the slreef or alley sought to be vacated abuts, liad the properties inciuded in the plan not been vacated. B. Before adopting an ordinance vacatinb a street or alley under subsection (A)(2) of this section, the City Gouncil shall: 1. Ca«se an inventory to be compileci of aII rights-of-way within the city that abut the same body of water that is abutted by the street or alley soughc to be vacated; 2. CauSe a study to be conducted to determine if the street or alley to be vacated is unsuitable f'or use by the city for any of the following put-Poses: launc.hing sites, beach or water access, park, public view recreation; or educ.ation; 3. Hold a public hearing on the proposed vacation in the manner re.quired by Chapcer 35.79 kCW and this chapter; and I Street Vacation Qrdinance amt.nding & rcn~umbcring ~tr•ert V~~-.}Ei~r~-C~rdi~~~c=c~4-(1(3i Page 4 of 6 D raft 4. Inelude in its written decision a fiiiding that: the streei or alle), souoht to bc ~ vacated is not suitable for any other purposes listed under subsection (13)(2) of this seciion, and that the vacstion is in the public's interest. C. Not.ice of the publie hearing on the prnposed vacation shall be provided in accnrdance with the no[ic.c provisions of SECtion I U.Ub-y.C14.1 U.Ub of this Gr-J-FwwoeSeclicm, provided, that the Ci[y shall iilso post nolice nf the public hearing conspicuously on lhe sCreet or alley sought to be vacaccd, which notice shall indicate that the are.a is a nublic access, that the street or alley is proposed to be vacated, and that anyone onjecting t:o lhe proposed vacation should attend the public hearing qr send a letter to the Director incticating the objectian. SLC`l'lON 1O.U9.114.111.13 4&.45-.340 - Applieation uf Zoning District .I)esibnation. The zoning clistrici designation of the properties adjaining each side of the strcet or alley to be vacated shall be automatically extended to the center of such vacation, and all area shall included in the vacation stiall then and henccfortih be subjeet to all regulations of the extcndcd districts. "lhe adopting ordinance shall spccify t'his zoning district extension inclusive of the applicable zoning diSt:rict clesignatinns. STCTION 10.09.04.10.14 "'~.'T., Reenrding nf ordinante. A certifed copy of the orclinance vacating a sLreet or alley or part thereof, shall be reeorde.d by the Ciey Clerk in the ofFice of the Spokane County Auditor. SECT10iV 10.09.04.10.15 44"'~~ - Cornpliance to City Cuuncil Conditions. All , conditions of City Council authorization shall be fully satisfied prior to any cransfcr of title by the ~ J city. SLCTION 111.09.04.10.16 10:II4.370 ~ Record of Survey Required. f`ollowing the Ciry Council's passagc of the ordinance approving the proposal to vacate die street or alley, a record I of survey of the area to be vacatcd. prepared b_y a registered surve_yor in the State of Washington and including an exact metes and bounds legal de.scription, and specifying i!' applicable any and all easements for construction, repair and maintenance of existing and fiiture utilities and services, shall be submittecl by the proponent to the I7irector. Said record of survey shall contnin the professional stamp and siQnature of the rcgiskered surveyor and filed upon cornpletiori wilh the Spokane Counly Auditor.; '1"he surveyor shall provide the City of SpoIcane VaIIev «<ith a rnvlHr cUpv of the rccorded survev and the Auditor's Document Number aricf dalc of recordation. "d-eomain_ Ci"•E42y-4?C7CiYG Wroi'iiS B1FeEEE1C ei' dBaIgEI°ce, &iTd' tITE3-~Nzei3C3hiE'nHfIfI-f68tin aeeeptffic+c~:-tht-vSa+c4--Fa - , , e6f~t~O*+~MO0; &ffi ; . . r-eels-e~la~i~1-€►Uc►t•F~r»~~ t eerti44-sides eF: i, e . a..tr.,,,, e., t t e, , SECT.IQN 111.09.04.10.17 - 1Vlanumcncatiun. l'he survevor SI1RIl Ioc;tite at least two rnonumenCS an the c:enterline of the vacated ri;ht-of-wav with one localed dt the intsrsection of the cemerline of the vacated r4tht-of.=wav %vith each streel or riLht-of-wav in accordance with the st'anclartls establishecl hv the &okarre Gntrlrn%Stundarci.s jor Roc:rd und,S'ewcr Conrtruction. SLC`l'lON 10.09.04.10.1$ "'.'~.5.0- Costs of Title Transfer to be Bornc by f'roponent. All direct and indirect costs of title transfer of the vacate,d street or alley from public to private ownei•ship including but not Iimiiect [o title compttny charges, copying fe.es, and rec.ording fees ~ Street Vacation Ord~lance amendinc & renumbering &reat-Vaca~'s"-(-)FdananCze-94-Q93 Pagc 5 of 6 D raft are to be borne by the proponent. The Cit}r will not assume any financial responsibility for any clirect or indirecc costs For the transfer of title. SEC"I'iON 2 Severability. TP any section, senlence, clause or phrase of this ordinance, or any regulation; rule or order adoptecl pursuant to the authority thereof be determincd invalid or unconstitutionll, it shall not affect the validity or constiCuCionality of any ocher section, sentence, clause or phrase of this ardinance. I SECTiON 3- EfPective date. `I`his ordinanc.e shall be in fiill foree and effect five. (S) days after publication nf this ordinance or a summary thereof in the offcial newspaper of the City as provided by Iaw. I F'ASSEU by thc City Council this day of , 2005. Diana Wilhite; Vlayor A7'7'EST: Christirie Bainhridge; City Clerk Approved as to form: Caty P. Driskell, Depury Ciry Attorney Date of publication: Effective date: ~ ~ Street Vacation Ordinance a,nending & renumbering ~E~e~t~~c-~t~e+~••ui~~;;~-9~-E383 Page 6 0['6 ~ CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 3-8-05 City Manager Sign-off: Item: Check all that apply: ❑ consent old business X new business [D public hearing infotmation ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed Nuisance Code Amendment (yard sales) GOVERNING LEGISLATION: SVMC 7.05 PREVIOUS COUNCIL ACTION TAKEN: Study session discussion by Council in January, 2005. BACKGROUND: In January, 2005, the Council discussed on-going problems in some neighborhoods where some citizens have what appears to be perpetual or frequent yard sales. These activities can be disruptive in neighborhoods, and really represents the performance of commercial activity in residential neighborhoods. A second problem exists warranting this type of amendment. Code enforcement officers can receive a complaint about what appears to be garbage in somebody's yard, but when contact is ` f made with the resident, the person may assert that they are having a yard sale, or have put - things out to have a yard sale in the near future. Staff believes this proposed amendment will preclude that type of argument having anything but very short term value. A violation would result in a monetary penalty, and continued violation could subject the property owner/resident to court action, including injunctive relief. Changes were rnade from the orrginal draft provided to Council at the February 22, 2005 study session. These changes are noted with strike out or underline. OPTIONS: Do nothing, instruct staff to amend the proposed ordinance, move to a second reading. RECOMMENDED ACTION OR MOTION: I move that we forward the proposed ordinance amending the Nuisance Code to include some yard sale activity to a second reading. BUDGET/FINANCIAL IMPACTS: There may be minor staff time to respond to complaints. It is anticipated to be generally revenue neutral. STAFF CONTACT: Cary P. Driskell, Deputy City Attorney ~~J, ATTACHMENTS: Proposed amendment to Nuisance Code DraQ ~ C1T1' OF SFQKA\E VAI,1..EY SPOKAn'E CUUN?1', 'WASHINGTON OF't:I)1NANCL NO. 05-014 AN QRDTNA\CF OF THE Cl l'Y Ul+ Sl'OECANF VAI,LEY, Sl'OICA\'C CnIJNiTY, WASHInTGTOn', AMENllli\`G THT NUTSANCE ILLGITLATIONS TO PRECLIJllL A1)I)17'10e1`AI.. AC'I'NITLES, A]\'D 1'120V1DlNG PFNA_1,TIES FOFZ VIULAT[ONS. WHEREAS, the City has the duty and authoriCy to maintain and protect the health, safety and welfare of its citizens: and bVi-IFRrAS; ceriain conditions exist on private property that are detrimental to (ht publie interest and interfEre with the use and enjoYment of public and private propert), in the c.omrnunit-y; tind Vti'FI11RI;.AS, throuoh nuisance regulations; the City is able to prohibit and abate conditions that exist on property in an efT'ort to improve the quality of lifc within the City; and WHE1tEAS, continuous and/or frequcnt yard sales from residential qropcrty can adversely affect neighboring properties. NOW, THEREFORB, the City Council of the Cit), of Spokane Valley; Washittgton, ordains as follows: Settion 1. Purpose and [ntent. The purpose ancl intent of this Qrdinance is to iimend SVMC 7.05 to include certaiii yard sale aetivity as a public nuisance, and to provide pcnalties for such actions. Section 2. Amendment. "1'itle 7, Section 05, Subsection 020, is here.by amencled to add a definition for "yard sale" as follows: `7 Yard sale me,ins a sale of set;ondhand miscellaneous household objects from properc in a residsrttiiillv-LOned are.a. This definition cncomfiasses similar terms inclucling, but not limited to. ear7ge sale, i°ummage sale, blankef sale. movin g sale_ block sale and estate sale. Seetion 3. rl.mendment 'C'itle 7; Sectinn 05, Suhseccion 040 is hei-cby amended to add a new subsection (K) as follows: 7.05.040 Nluisances Proliibited No persan, rrm, or ent:ity shal) erect, eoncrivc, cause, continue; maiiltain, or permit to exist any public nuisances Within the Ciiy. Prollibited nuisances include, bui flre not limit:ecl to: (R) lrard sales. Thc holding or permittin,_, ofi A vard SNIe on the same ivAl prbpertl' more [tian seven consecii[ive days or more chan two consecuti<<e weekends. or rilore than three times in oiie ealendar ,ye<1r, Section 4. Remaincfer of SVMC 7.05 Unchanged. The remaining provisions of SVMC 7.05 are unchanged by this amendment. Section 5. SeveraUiliti~. If any section, sentence., c.lause or phritse of this Ordinance should he ~ held eo be invalid or unconstit:utional by a court of compecent jurisdiction, such iiivalidiry or unconstitutionaliry shall not affect the validity or constilutionllity of any other sertion, sentence, elause or ~ phrase of this Orclinance. Ordinance Amending Nuisanc.t. (yard sales) Page 1 pf 2 Draft Section G. F..ffective Date. This Ordinance shall be in fiill f'orc;e and ef.fect five (5) days after publication of the Orclinance, nC t1 SLII111113Cy thereofi, in the Official newspaper oPthe City. PASSHL7 by the City Council this day of'March, 2005. Mayor, Diana Willlite. ATTEST: Citv Clerl:, Christine Bainbridge Approved as to horm: Deputy City Attorney, Cary P. Driskell Date of Publication: Effective Date: > Ordinance Amendiilg Nuisance (yard sales) Page 2 of 2 CITY OF SPOKANE VALLEY ~ Request for Council Action Meeting Date: March 8, 2005 Item: Check all that apply: ❑ consent ❑ old business ~ new business ❑ public hearing ❑ information ❑ admin. report (]X pending legislation AGENDA ITEM TITLE: First Reading: Proposed Renumbering Ordinance - Title 10 Spokane Municipal Code. GOVERNING LEGISLATION: WAC 365-195-800; RCW 36.70A.040 ' PREVIOUS COUNCIL ACTION TAKEN: City Council was briefed on the proposed Code renumbering of provisions of the Spokane Valley Municipal Code on March 1, 2005. BACKGROUNO: The Spokane Valley Uniform Developrnent Code (SVUDC) will eventually consolidate and integrate all regulations in a single document, including subdivision, zoning and development standards. Providing well-organized, concise, clear and readable regulations is important in ensuring uniform and consistent interpretation and enforcement of City policies affecting land development and the implementation of the Comprehensive Plan. In December 2004, staff had proposed the adoption of an outline to guide the development of the SVUDC. Following discussion with Code Publishing Company, it was determined that adoption of a Code framevUOrk was unnecessary, but that passage of an ordinance re- numbering those ordinances which had already been codified would be required. Various corrections in titles are also included, as well as provision for consolidating the provisions ~ relating to the adoption of other laws, reference to hearing bodies, copies on file and liability in a single section applicable to all provisions in the SVUDC. The following table identifies the proposed renumbering. A number of ordinances currently under consideration will numbered appropriately when presented to City Council. Others which have yet to be codified will be identified for the Code c4mpany. Sec From SVMC To SVUDC Title 10: To SVMC: I Plannfng CommiSsion Tit. 2 Chap 2.55 Art. 11 § 10.02.01 TiE. 10 Chap. 10.35 Art. I§. Fiearing Ezaminer 10.35.010 A~- 11 § 10.02.02 2 3 Building & Gonsfruction Tit. 10 Chap. 10.15 krt. I Art. III q Excavation, F0 & Grading Tit. 10 Chap. 10.15 Ari. II Art IX § 10.09.05 5 Floodplain Hazard 7it. 14 Chap. 10.20 Art_ IV Art V§. 10.05.01 Enforcement 8 Penalties Tit 1QAr1 III Art I§ 10.0920 6 (Retifle) 7 Commu?e'Prip Reductions 'iit 10 Chap 10.20 Art V Tit 9 C1iap 9.15 a Stortn & Surface VVater Utility Tit 10 Ghap 10.10 Art t Tit 3 Chap 3_30 § 3.34.090 g Right-ol-Way Vatation Tit 10 Chap 10.05 Art I I I Art IX § 10.09.04.i0 10 Road & 5ewer Construction Tit 10 Chap 10.05 Art I Art IX § 10.09.04.01 Gonsiructian V-lork 8 Activi#y Tit SO Chap 10.05 Art I I I Art IX § 10.09.04.02 11 wlROti1V 12 Environmental regulations Til 10 Chap 10.20 Art I Art V§ 10.05.20 113 Critical Areas Tit 10 Chap 10.20 Art III & IV Art V§ 10.05.25 14 Shoreline Management Tit 10 Chap 10.20Art II kr V§ 10.05_30 15 Subdivisions Tit 10 Chap 10.25 Art VIII }g Camprehensive Plan Tit 10 Chap 10.34liR I Art IV§ 10.04.41 17 Zaning Code Tit 10 Chap 50.34 Art 11 Art IV § 10.04.02 Administrative Repnrt Code Re-Numbering Page 2 of 2 Sec From SVMC To SVUDC Titte 10: To SVMC: Non-Caiforcning Uses & Tit 10 Chap 10.30 Ari II Art IV § 10.04.05 18 StruGu res 10.30.080 8. 10.30090 zoning Maps lit 10 Chdp 10.34 Art IV Art IV § 10.04.02.2 19 §10.30.610 Title 10 Chap 10.20 Art I§§ 10.20.020, 10.20.030, 10.20.040, Art I I§§ 10.20.070, 10.20.080, 10.20.100, AR I I I 10.20.120, 10.20.134, 10.20.140, 10.20.150, Art IV Cons4lWate adoption of other §§10,20.170, 10.20.180, Idtivs, reforence to fiearing 14•20.190, 10.20.200, Art I§§50.01.10 bodies, copies on file and Chap10.25 §§10.25.040, through 50.01. 13 [iability 110.25,050,10.25.0150, 10.25.070, Chap 10.30 Art I§§ 10.30.020, 10.30.030, 10.30.040, 10.30.050, Art II g§10.34.1 10, 10.30.120, 10.30.130, 10.30.140, Art IV 10.30.620, 10.30.630, 20 10.30.640 end 10.30.650 The ordinance has been corrected and the repealer of the sign regulations has been deleted. T~ OPTIONS: Advance the ordinance to a second reading; suspend the rules and approve the ordinance; or provide staff with additional direction. RECOMMENDED ACTION: Acivance the ordinance to a second reading. BUDGET/FINANCIAL IMPACTS: Not applicable. STAFF CONTACT: Marina Sukup, Community Development Director Chris Bainbridge, City Clerk ATTACHMENTS: Draft Ordinance 1 Draft ~ CITI` QF SPOKANE VALL,EY SFOKAn`E COiT\'7'S', NVASHING'I'ON nRDTNA\iCl~. NO. 05-015 Ar\' OIZUINAi\'CL Uf THE C11'1' OF SPQK.ANI; VAI.:LEY, SPOKAIVE CUUNTI', WASHIlYGTON, ItENUM:I3ER]NG VARTOUS PRON'1510NS QF THE SPOKANE VALLE1' tMTJN1Ci.PAT. CODF TO li~`CLUllE THCM IN ARTICLI: 10 nF TITE SPOKANF, VAIdT..FY TJNWOTti1'1 1)E.V'LLUPII'IENT COTaE, PRO«TNG FOR SEVERr1BILITI' AND LFl+'EC"I`1VF. DATE. WFi[±R.I;AS, the City of Spokane Valley proposcs to inclucle all development regulations within Title 10 of rhe Spokane Valley Municipal Cocie as che Spokane Valley Uniform Developmeni Code; and WkIERT;AS, the prc,posed developmeni: rcgulatioiis must be submitied to the 1~Jashingion nepart:mcnt of Community Tradc and Ecanornic Development pursuant ta WAC 365-1 95-620; NQW, THF>'RT.FORF, the City Council of (he City of Spokane Valley; Washington, qrdains as follows: Section .l. The Spokane Valley Niunieipal Coc1e "1"itle 2 Chapter 2.55 Plannino Commission is hereby renumbered as Title 10 Article LL Section 10.02.01 of the Spokane Valley Uniform llevelopment Code. Section 2. The Spokane Valley Municipa) Code Title 10 Cliapler 10.35 Article 1 Seciion 10.35.010 et seq. Hearin5 Examiner is hereby renumbered as Title 10 Article 11 Section 10.02.02 of the Spohane Valley Uniforni Develapment Code. Secticin 3. The Spokane Valley ylunicipal Code Title 10 Chapter 10.15 Article I. $uildings iind COnSCruction is hereb), renumbered as '1'itle 10 Article 1.1.1 of the :Spohane Valley Uniform 17evelopment Code. Section 4. The Spol:ane Valley Ulunicipal Code Title 10 Chapter 10.15 .Article I.I. Lxcavation, Fill and Grading is hereby renumbered As Titlc 10 Arcicle A Section 10.09.05 01' thc Spokane Valley Uniform Caevelopmeni Codc. Section S. Thc Spokane Valley Municipal Code °1'itle 10 Chapter 10.20 tlrtiele V1. Floodplain Hazard Areas is hereby renumbered as 7'itle ] 0 Ariicle V Section 10.05.01 of ihe SpokiLlC Valley UniFonn Development Code. Sectiun 6. `fhc Spokane Valley Municipal Code Title 10 Article 171 Chapter 1030.150 7_oning Code Cnrnplifuiee is hereby renumbered as 7'itle 10 Article t Section 10.01.20 of the Spoklne Valley Uniform Development Code and retitled as "F.nforcement and 1'enalties." Section 7. The Spokane Valley Municipal Code 'I'itle 10 Chapter 10.20 A.rl:icle V. Commute Trip Reduction is hereby renumbered as Titlc 9 Chapt:er 9,15 Spolcane Valley ulunicipal Code. Section S. 'rhe SpoE:ane Valley Municipal Cocte Title 10 Chapter i U.10 Article I Storm and SLn-face Water Utilit), of the Spokane Valley Uniform lllevelopme,nt Code is hereby renumbered as 1'itle 3 Chapter 3.30 Section 3.30.090.oFthe Spokane Valley Mtanicipal Code. Section y. '1'he Spokane Valley Municipal CodeTitle iO Chapter 10.05 Article 1lt Ri~ht-of- Way Vacation is hereby renLunbered as '1"itle. !U Article 1X Section 10.09.04.10 of the Spalcane Valley UniForm 17evelopment Code. Code Rcnumbering Ordinance I'age l of 3 Draft Section 10. The Spok3ne Valley iV9unicipal Code Title 10 Chapt:er 10.05 Article L Road and Sewer Construction is hereby renumbered as 7'itle 10 Arcicle IX Section 10.09.04.01 of the Spukane Vallcy Uriif'arm Develnpment Code. Section 11. The Spoksne Valley `9unicipal Cocle 7'itle 10 Chapter 10.05 Article TT. Construction Work and Activity within Rlpllt-0E-~~~ily is hereby rentmibered as "ficle 10 Article iU Sect:ion 10.09.04.02 of the Spokane Valley Uniform Iaevelopment Code. Sectioii 12. The Spokane Valley Ivfuriicipal Code Title 10 Chapier 10.20 Ar[icle Envirnnmental Re~ulations is hereb_y renumbered as Ticle 10 Article V Section 10.05.20 of the Spokane Valley Uniform Development Code. Sectioii 13. 1'he Spokane Valley Municipal Code Title 10 Chapter 10.20 Artic.les 1.1I and [V. Critical Areas are hereby renumbered as 1"itle 10 Article V Sectioii 10.05.25 of che Spokane Valley Unifonn Develppment Code. Section 14. The Spokane Valley Municipal Code Title 10 Cliapter 10.20 Article 17. Shoreline Management is hereby renumberecf as Title 10 nrticle V Scct.ion 10.05.30 of the Spokane Vitlley Uniform De,vrelopment C:ode. Section 15. The Spokiine Valley Municipal Code Title 10 Chapter 10.25 Subdivisions is hereby renumbered as `I'itle 10 Article VID of the Spokane Valley Uniforni Development (;ode. Section 16. The Spokane Valley Municipal Code Title 10 Chapter 10.30 Ariicle I. Comprehensive I'lan is hereby renumberecl as Title 10 Artiele N Section 10.04.01 of the Spolcane Valley Uniform Development Code. Sectioii 17. 'C'he Spokane Valley Municipal Code Title 10 Chapter 10.30 .4rticle 11 Section 1030.060 7_oning Code Adopted is hereby renw»bered as 'Citle ] 0 Article IV Sectioii 10.04.02 of tlle i Spokane Valley iJniforin Tae,velopment Code . Sectioii 18. The Spolcane Valley Municipal Code '1'itle 10 Chapter 10.30 Article Tl Sections 10.30.OS0 \jon-conforniin~ lJses and 10.30.090 Non-Conformino T~uildings and Structures ~rre hereby renumbered as Title ] 0 Article IV Sectiori 10.04A5 of the Spokane Valley Uniform 17evelopment Code, deleting references to Section 14.508.060 of the Spolcane Counry Zoning Code. Section 19. The Spokttne Valley Yluniciptil Code Titlc 10 Chapter 10.30 Article IV Sectiatls 10.30.610 Zoning Map(s) is hcrcby rcnumbcrecl as "1'itle 10 rlrtic;le IV Sectioii 10.04.02.2 of the Spolcane Valley Uniform Devclopment Code. Section 20. `I'he Spokane Valley Municipal Code Title 10 Chapter 10.35.170 Article ll Applicatian R.eview Prc>cess, Authorit>> to adqnt interim application review procedures for projecl peri7iits, is hereby renumbered as Title 10 Section I0.08.03.001 of the Spokane Valley Unifoi°iti Devclopment Code. Sectioii 21. The Snokane Valley Municipal Cotle Title 10 Chapcer 10.20 Article 1 Scctions 1020.020: 10.20.030, 10.20.440; Article II Sectinn 10.20.070, 10.20.080, 10.20.100, Arcicle TIl 10.2Q.12Q3 10.20.130, 10.20.140, 10.20.150, Article IV Sections 10,20.170, 10.20. ] A0, i 0.2U.190, 10.20.200, Chapter 10.25 Section 10.25.040, 10.25,050,10.25.060, I0.25.070, Chapter 10,30 flrticle i Section 10.30.020, 1030.030, 10.30.040, 10.30.050; Airticle Tl 10.30.110: 10.30.120, 10.30.130, 10.30.140, Article IV Sectioii 10.30.620, 10.30.630, 10.30.640 and 10.30.650 relating to the Acloption of other laws, referenc.e to hcarin- bodies, copies on f le aund liability are consolitlat:ccl in Tifle 10 A.rticle I Sections 10.01.10 through 10.01.13 respectively. Sectinn 22. Severabilitv. If ijny section_ sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalicliLy or Code Rentlmbering Urclinance Page 2 of' 3 Draft unconstitutionaliry shall not affecr the validi[y or conslitutionality of any other section, sentence, clause or phrase of this ordinance. Section 23. E-ffective Daic. This Ordinance shall be in full force and effec;t five days after piiblication of this Ordinanee or a summary thereof occurs in the official newspaper of t:he City as provided by law. PASSED by the City Council this day of .2005. Mayor; Diana Wilhite t1TTi;.'-ST: Ciry Cler1:, Christine. Bainbridge. Approved as to Fnrtn: l~eput:y City Altorney, Cttr;+ nriskell Date of Publication: Effective llate: ~J Code Renumbering Orcfinance PaOe 3 of 3 Title 10 UNTFORA4 DF«I..QPMENT COI)E Ghfkptei'5 Article Il SecYion 10.02.01 PL.ANNIIVG COi~1MISSIUN I 10.02.011.01.02.55.00 Establishment and purpose. There is created the City af Spakane Valley plaiiriing commission. The purpose of the planning Clll?IITItSS10t1 lt [O SxUdy and make recomrnendations to the mayor and city council for future planned growth through continued review of the City's comprehensive land use plan, clevelopment regulations, shoreline management, envirnnmental proicction, public facilit-ies, capital improvements anci other matters as directed by the city eounc:il. ~ 1f1.02.Q1.Q2Q?-55:A?~H Membcrship. A. Qualifications. The membership of the pltinning commission shall consist of individuals who have an inierest in planning, land use, transportation, capital infrastructure and building and laudscape desiDn as evidenced by training, experience or interest in the City of Spokane Valley. V B. Appointrnent_ Members of the planning comniission shall be nominated by the mayor and cotlfirrned by a majoriry voie of at least four members of the city council. P1inninS eommissioners shal.l be selecied withaut respect t4 political af~iliations and shall serve without compcnsatian. The mayor, when considering appointments, shall attempt to select rESidents who rcpresent various interests and locations wittun the City. C. Numbir of MemberslTerms.The planning commission sball consist of seven members. l111 membcrs slaall reside within the Ciry of Spoka»e. Valley. '1"he terms for the initia] commissioners sliall be two one- year terms, nvo two-year terms and tlu-f;e t.hrce-year tenns. The initial members and their terms shall be decided by the mayar and covfirmecl by the city cAUlicil. Subsequent terms shall be for a thrc:e-year period. Terms shall expire on the thir[y-first day of December. D. Itemoval. Members of the couimission may be removed by the mayor, with the concurrence af the city council, for neglect of duty, conflict of interest, malfeasar►ce in office, or other just cause, Qr for unexcused absence from three consecutive regular meetings. T'ailure to qualify as to residency shall constitute a forfeittue of office. The decision otl:he ciry council regarding membership on the planning commission shall be final and walhout appeal. E. Vacancies. VaGancies occurring other than through the cxpiratian of terms shall be fi]led for the unexpired terrti iu tbe same manner as fnr appointments. F. Canflicts of Interest. Manhers of the planning commission shall fully c4rnlily with Chapter 42.23 RCW, Code of Ethics for Municipal Officers; Chap[er 42.36 RCW, Appearance of rairness; and such otlier rules and reguiations as may be adopted from time to time by the city cauncil regulating the conduct of any person holdin g appointive office within the City. No elected official or C;ity employee may bc a member of the planning commission. I 10.Q?.01.03f1?.~s5:43-30 Mcetings - I2utcs. A. The planning conunission shall evcry ycar orgaruze and eiect from its mernbers a chair, who shall preside at all mestiugs of the commission and perform such other funct.ions as deiermined by iule. .4 vice chair shall be clectect to prLN, ide in the absence of the chair. A»>ajority of the cominission members shall constitute a yuoruin f"or the transaction of business; and a majority vote of those present shall be necessary to carry any propasikion. ~---l B. 'I"he commission shaU c3etemiine a regular meeting sciiedule (tirne, place and frequency) and shall meet at least one time every mo3ith. A.ll meeti»As shall lae opecl to ihe public. C. Tbe eommission shall adopt such rules and procedures as are necessary for the concluG of business ancl sliall keep a taped record of its proceedings. ~ 10.02.01.0403--.66:040 Staff support. Aciministrative staf£support to the planning convuission shall be providcci hy the city plaiuiing and comiliunity devcloprnent departmen[. In addition, the coinmissian, through its chair, may request fonnal opitlians or memorandums &om Ghe city attorney or plamiing ancl cominunity development director on any pending matter. I ](1.02.01.0502.66.050 Duties nnd responsibilities. 'I"he planninD conunission, as an advisory bocly to the city council, st1a11 Uerfonil and have the following duties and responsibilities: A. .Assist in the preFaaration of a eompreheusive plan and development regulations in compliance with Chapccn 36.07 A and 35A.63 RCW, including tiie establishmemt. of rrncedures for elu-ly tinci continuous public rarticipation in the development and amenduient af the comps•ehensive pliw ancl the development reoulations; B. 17eview plans and regulations related to land use management, shoreline management, environmental policy, cransportation systems, public facilities and capital i.nCrastrueture planriing and development.; C. Upon re.quest from the city manager or city council, review potcntia] annexations to the City; D. Where design review is required by Iand use ordinances of tbe City, perform such ciesign review unless that review is delegated to somc ottier appointecd body or City staff; E. Identify issues ar►d recommend priorities for geotmiphic sutaareas including park and 9pen space areas in the City;F. Meet ancl confer with the hearing examiner tn review tte administratiou of land use policies and ordinanees to enhance the plann.i.ng ajid permirting process; G. Make periodic writteii and oral rcports to the city cauncil addressing work in pm~,rress and other significant matters relacint ta the Cit}; H. Hold public hearings in the exercise of duties aud responsibilities; I. Perform such ollier duties and powers as tliay be eanferred by ordinauce, resolution or motion of the city couneil. Unless otherwise assumed bp the eiry council, the planning commission sY►all hold all public hearings required to be held in the course of adnption or amendment to the comprehensive plan; the development regulations, adoprion or amendment of the zoning map, or a(lopkion or amendinent of regulat.ions for the subdivision of lancl, sho3'eline manttgcment, environmental regulations, and other lancl use ortlinances of the City. Article IX. RoFtd and Sewer Construction 10.09.04.01.01,04414)55.-}N Standurds fur roacl and sewer constructiun. Pursuant to RCW 35A.11.020 and 35A.12.140, the City adopts by reference the Spokacie County Standards for Road and Sewer Construction effective Apri13, 2001, which is attached to ehe orciinance codified in this article as Ea:hibil .A and incorporated herein by this reference as presently constihited or liereinafter a►Tiended as the interim standiirds for road and sewer construetion of the City of Spokane Valley. Unless the conlcrt requires otherwise, references to Spokane Coutity shall be cnnstrucxi to rnean the City of Spokane Valley and references to county staCf, shall refer to the city manager or designee. I 10.09.04.01.020444,15440 Adoption of othci• liiws. To the extcnt that any prnvi5ion of the Spokane County Code, or any other law, rvle or rea lation reCcrenced in the Standards for Road and Sewer Construction attached to the ordinance coclified in this article is neccssary or convenient to establish the valiclity, enforceability or interpretatioci of the Standards for Road and Stwer Construction, then such provision of the Spokane County Code; or othcr law, rule or regulatioii, is hereby adopted by reference. 1 1 fl.(19.04.1:11.0311}N:HS:{l:-;0 Referencc to hearing Uodies. When the Standards for Road and Sewer Construction aitached to the ordinance codifietl in this arliclc refers to planninb commissions, board of appeals, hearuig examirier, or ajiy ottier similar body, the cih' council siiall scrve i» all such roles, buE retains the ri;;ht to establish any one or more of such bodies, at aiiy time and without regard to wheiher any quasi-judicial or other matter is thev pending. I I0.09.04.01.0404,"5:04{I Viodificntion nf standards. The responsibility and authoricy for developiii€ recommendations for modifying and monicorinL the effect.iveness of the stanciards for road and sewer coiastruction of the City of Spokane Valley may be delegated ta city couilcil committee according ro council rules. 7'he council committee shall work with the csity manager, dGSigmatc;d starf anci others to providc; for road and sewer developmeut thac promotes the arcjerly development of the City and serves the bcst interest of tbe residents. The council shall periodically review the stactdards for road and sswer construction and modify and amend the same from time to tirne, as necessary. I 1(1.09.04.II1.05(14I:h65:1)50 Unifni•m code - Copies on }ile. `Y'he city clerk is to maintain one copy on file of the Standards for Road and Sewcr Construct.ion adopted by the ordinance codified in this article. I 10.09.04.01.060-144PS:HGN Liability. The express intent of the City of Spokane Valley is that the responsibilii:y for compliance with the provisions of this artiele shal.l rest with the pei•»>it applicant and their agents. Tliis article and its pr4visions are adopted with the express intent to proteet the health, safety, and welfare of the general public and are not intended to protect any panicular class of inciividuals or orbanizations. ~ Article MX Construction Work ancl Activiry Withiri Right-of-Way I 10.09.04.02.0104-0:454l-74) Dcfinitions. For the purposes of this anicle the fallowing cerms, phr`dscs anci worcls shall have the following mcaninss: "Applieani" means any person, firm or entity makine wriiten application to the director for an obsiniction pennit. "City" mcans the Cicy of Spokane Valley. "Construction work" means the excavation or aboveground cnnstruction work permitled under this ar[iele. "Director" means the city manager or designec (anticipated to be the puUlic works director). "Easement" means any City casement for aecess of public ut.ilitics. "1mprc,vemenf" means any public or private improvement, includ[ng the prapert}, of pub[ic utilities. "Obstruction permit," also l:nown as a right-ohvay permit, means [he authorization granted by the Ciry ta perform work or conduct activity in a specified riglit-of-way or easement. "Permiriee" ►nea»s any person who has been granted and has in full force and effect a pet-init issued hereunder. "Person" means any person, firm, corporation or se.nrice provider. "Public infrastructure" means any necessar}, coiistivction, perfonned within the City riglit-of way or ori Private ptoPerty, to install Ciiy faciiities; including stree#s; sidewalkss storEn draielage, streel ligRhts, saniiary sewers and/or water lines and necessary appurtenances, as identified within City standards. "Kight-of-way"' or "public way" 3neans all praperiy in which the City has any form of ownership or title and whieh is held fnr public street or utility purposes; regardless of whct.her or not any street or utilit}' exists thereon or whettier it is used, improved or mauitainod for public use. "Strect" means any street, higbway, side.val}:, alley, avenue or other public way, easement; or other public place iu the City. ~ 10.09.04.02.02010.05:080 Obstruction permit requireci. An obstruction permit is requi.red of any person who pcrforrns coustructioii work or otherwise engages in activity• wit.bin existing or proposect Cit_y rights-of-way, streets, easements, or on Cityowned infrasln►cture. Work done by nr for the City within its rights-of=way will not require an obstrucfion pcrmit, but will be held lo the saLUe stanclards of performance. ln the case of an emergency, a private or public utility may commence work prior to obtaining a pemiil, provided the person obtains a construction permit within 48 hours after work is commenced or on the first City business ciay following said clapsed 48-hour period. I 10.09.1)4.02.03(I4•0:05.099 Qbstruction permit - Application. No obst.ruciipn permit shall be issuul unless a written application is submitteti and approved by the direetor. T'he application shall, at a m'►nimum, eontain the following: A. Constnret.ion plans or clrawings eipprovFxl by the direct.or, if required; B. The period of time_ during which the rightof-way will be obslrucled; and C. Proof of the eontractor's and all subcantractors' state lieevsing, insurinee and requirements. Uepending upon the nature and extent of the construction activity or work, the director may require engineerint, restoration aiid drainabe plans prepartd by a 1Vaslung-lon licensed eugineer at applicant's sole eost and eapense. . I 1(I.09.04.02.04019:9~Nf► Obstruction permit fecs. Obstruction perm.it fees shall be adopted by resolution of the city council. (Orcl. 63 § 4: 2003). I 10.(19.114.02.Oj0. ".-~-"a`.~-~ Notice required. The appllcant shall give to the airoctoi- notice not less thw 48 bqurs before a.ny work or accivity is commenced atid shall nocify the dircctor upoa complction of the same. In the event of ark wnexpex;ted repair or emergency, work mxy be couuuenced as required undcr the cireumstances. Unexpectecl rePails arld emergency work shall cotnply with aU other requirements of this article. ~ 1.(?.09.04.U2.06Q49:965-.-?9 ConstrucYion standards. All work within the City riglit-of-way shall bc in accordance with adopted City standards in effect at ttle time af the appliuttion for the permit_ T}tese include but are not limited to cun-ent vcrsions of the Spokalie County Standards for Road and Scwer Construction; the Manual dn Uni foi-iu 'Y raff c Control Deviccs (yTU'I'CD); Washington State I7epartment of 1"rlnsportation (WSI70T) Standard Specifcations for koad, Bridge and MtEnieipal Construction; and applicable standards of lhc Amei•ican I'ublie Works Association (l•1PWA). I 10.09.04.02.070-10.05-13£1 Nisiintaining access. ln the event it is necessary for the pernlittee to excavate the entire width of the screei, no more than half of the streei shal] be opened for constnietion and closed to traftic at one time. Such portion of the work shall be backfilled and completed before the remaining portion af the strect may be excavated. If it is impossiblL, itifeasible or unsafe t.o perniit the wark while maintaini.ng an open lane for t-raffic, the director J may, with the concun•ence of the chief of police and fire ehief; permit the street to be blocked for a short ~ period of t.une where suitable detours carl be provided and the public will not be unnecesstiri1y incouveivenced. "I`he pemiittee shall furnisb facilities, such as bridges or other suitable means, or clearly identify appropriate detours, to allow the €low of tr3ffc without unneei;ssary congi:slian. .Appropriaie signage and trafrc control shall be furnished in aecordance with the M[JTCD. (Ord. 63 § 7, 2003). I 1 Q.(19.04.02.08U4(1:4i5=1-4U "I"rFiffic control. Permittee is responsible for a11 t.raffic eontrol and assucnes the responsibility to maintain aPpropriat.e signage, sigmals and barricades that protect the puUlic safety, in accordance with the VfU""f'CD. Pei•ulitiee shall provide for the safe operation of all ec;uipment, vehicles and persons within tlie rigbtof way. ~ 10.09.04.02.09010.05-11-59 Damabe to eaisting impravements. A1] damage to existi.ng public or private improvements during Lhe progre.ss of the ccanstruction wor1: or activity shaU be repaired by the permittee. Methods and materials for such repair sUall conform witb adopted City standiirds. If the perm.ittee fails to fiu»isli the necessiu-y labor and materials far suc1i repairs, the di.rector shall have the authori#y to cause said necessary labor and materials to be furnished by the City and the cast. sball be charged against the pemiittee. Such charoe shall be in»nediately paid by permittce and shall, if not paid on demand, be du:med a valid clairn on the bond filed with the City. I 10.09.04.02.10044.4)4_460 Cih''s rikht to resture right-of-ivay and casements. If the permittu; fails to restore an), City rioht-ofvvay or casemenf to its oiigitial and proper cnndit.ion upon the expiration of the time fixed by such permit or shall otbervvise fail to complete the rightof- way constniction work covered by such permit or if the work of the permittee is ciefective ancl the def'ect is discovered within one year from the completion of the rigbt-of way consiruct.ion work, the director or ~ desionee shall have the right t4 do all work and things nccessary to restore the right-ofivay and/or eascmcnt: and to complete the right-ofway construction work. T'he perRiittee shail be Iiable for all eosts and eapenses of restoratian or completiAn. Tkte. City shall have a ciiuse of action for all fees, ehpenses and amounts paid for sucli work. Following demantl, the City may enforce its rights pursuant to this article. No additional permits shall be granted uniit the invoice for City-performed work has been paid. ~ 1.0.09.04.02.11U4-O:05.47913unc1. For the purpose of prowiding for the completion of the work or othenvise resloring the right-of-way to City siandards, the applicant shall post a perfonuance bond wiih the city clerk. The bond shall be: (1) issued by a surety licensecl ta do busitaess in the state of Washinglon and (2) in an ampunt equal to 100 pcrcent of'xhe estimated cost of the work (or other reasotiable measure of vaiue) solely detertnined by the d'uE:c;tor. If the improvements have not been timely or satisfactorily completed, the director shall givc notice of the same to permittee. The notice shall state: (1) the work- to be done; (2) the time to complete the worl: which sliall not exceeci 30 days; and (3) that if the work is not comnienccxl and eompleted witl3in the tinle allotted, the City will cause the work io be completed anct use the bond prt,eeeds to pay for the same. All costs in excess of the boncl proceeds may be recovered tku-ovgh appropriatc; leDal action by the cit}r attomey. A bond may be waived where prnof of selfinsurance is provided. The director is authorized to reduce xtie a►n4uni of the bond wherc good cause exists. ~ J 0.09.04.02.120141:05-M9 Insurance - Evidence. The peruiittee, prior to the cornmencement of constniction hereuncjer, shall fiurnish the director satisfaclory evidence in writing that the permittec has in force clurina die perfomiance of the construction work or activit_y, commercial general liability insurance of not less than S1;000,000 per accurrence and ~ $1,000,000 general agD eeate duly issued by a►1 i.usurance company autliori2ed to clo business in iliis siate. In addition, the policy shall narne the City as atl additional named insured. The direct.ar m3y reduce the insurance liiz►its if Qood cause exists. I 10.09.04.02.13010.05.4-90 indcmnification flnci F►old harmless. ~ '1'he perrnittee shall tlefend, indemn.ifiy and hold harmless the City, its officers, officials, employees and volunteers firom any and all c.laims, injuries, damanes, 14sses or suits, including attorney fees, arising out of the percnit issued under this tirticie except as r.nay be catised by the neglige.~nce oi• willful conduct on the part of the City. I 10.09.04.02.1404-0:05.200 Rules and policy. To implement the obstruction permit and provide for the public health aud safety, the director, under the supervision of the city iuauager, may cievelop and adnpt rules, palicies and forms consistent with this article. t1ll adopted niles, policies and fonns shall be Flcd Nvitll the city rlerk. ~ 10.09.04.02.1 S04O:85.218 Violation - Penaltics. Any person violating the provisions of this article shall be deemed to have committecl a class 1 civil infraction. For any violation of a continuing nature, each day's violation shal] be cotisidered a separate offense. Article i~144. Ttig6t-of-V1'ay Vacution ] 0.09.04.10.0] 0' ^~-r'.6-.o Purpose and intent. The purpose of this article is to establish pracedures, notice requirements antl fces for the vacation of stre:ets and alleys wittun the City. This ariicle is intcnded to iinplement t,he authority granted to the City by Chapter 35.79 RCW and RCW 35A.47.020 and to confonn to their provisions. ln case of corlflict benveen this ariicle ajid thosc staiutes, the provisions of this arcicle shall be controlling. ~ 10.09.04.10.0204-8:05-42411nitiation of vacation. 'Clie owners of an interest in any real property abuttint upon any strect or a1]ey who may desire to vacatc the street or iilley, or any piu1 tY►ereof, may petition the city council. Tn the alternative, the ciry council may itself initiate a vacation by resoluliUn. The petition or resolution shall be filc:cl with the city clerk. ~ 10.09.04.111.030=18:85.248 Petition for vacation. The petition shall be in a form pre5ciibed by the comtnunity dcvclopment director (bereinafter referred to as "the director" or his or her designee) and shall be signed by the o.vncrs of more thw two-thirds of the property abutting the portion of the strect ar alley sought to bc vacated. The petition shall also discuss the criteria set forih in SVT\4C 10.05.320. The sufficiency of the petitinn shall be govemed by RCW 35A.01.040. I 10.09.04.10.04(}+9:A5-44-0 Petiriuu fecs. Every pe4ition for the vacation of any sirecl or alley or any pari thereof, shall be ac:companied by a fee in an amount established by resolution of the City to defiay a portion of the administ.rative costs incurrect in processing the petition and publ.ishing, pc,sting and mailing notices. The fees shall not be refunded under any cireumstances. The amount of the petition fees shall be set by resolution, and the set amount shall be stated in ihe City of Spokane Valley master fee schedule. I 10.09.04.10.0-50.10.05:260 Submittal requirements for petitions. Fvery petition shal] be accoulpanied by: A. t1n assessor's map frum the Spokane County assessor's office showine with a solid red line lhc portion of the sirest or alley sought to be vacated; B. A vicinity map sliowuig the general area o1' the proposed vaca[ion; ~ J C. A copy of the record of survey, if available, for the subjeCt street. aiid alley propascd for vacation ~ and abutting properties aud s[reets uid alleys with.in 100 feet on all sides of the proposed vacation; ~ D. Writteri evidence of an)= and all easements or allowances or reservatioi7s; public or private, pertaining to the strcet or alley proposed for vacation; and E. .4 written narrative cfeseribing thc reasQns for the proposed street vacation, the physieal limifs of the proposeci strE;et vacation and the put?lic beiiefit of the proposcd street vacation. ~ 10.09.04.10.0604•0:05.240 Setting uf hearing. Upon receipt of the pctition, the fee and all eequired documents, the cit.y clerk sliall forvvard thepeiition and required tlacuments to the directar, who shall determ.i.ne whether the petition lias been sigiled by the owners of mare lhan two-ittirds Qf the property abutting the part of the street or alley to be vacated. If the peiition has heen signed by the requisite perccntage of such owners, the d'uector shall bring the pet.it.ion before the city council wit.hin 30 clays of receipt of the petitian, and the city council sliall by resolution fia the time when the petition cvill be heard by the city council, or a committee of the city cnuncil, wluch time shall not be more than 60 days nor less i.han 20 days afler the adoption of the resolution. W}lere the ciry eouncil initiates the vacatinn by resolution, that resolution shall f x the time when the proposed vacation will be heard by lhe city council or a couimittee of thC city council. ~ 1fI.Q9.A4.1U.U7G' ".r'~-.o Staff report. 7'he director, in c;onjunction with the public wor1s dcpartrnen#, shall prepare a repart eoneerning the proposed vacation. The public works department shall he responsible for conductine a neecis analysis Qf the street or alle_y proposed for vacation in cansideration of existing and future transpprtation system Needs and requirements. Thc report shall address the criti,-ria (see SNrN4C ] Q.05.320) to be considcreci by the city council in determining whether to vacate the streei or ailey, and such ocher information as deemed appropriate by the director including bul not limited to drainage requirements, street closure requirements ~ such as the renio-%-al and replacement of cancrete, asphalt, and placement of barriers limiting vehiclc movemenLq. I.n preparing the report, the director sliall solicit comments from tbe police deparnilent; the fire departnient and may solicit comments from other iovernmental agencies and utility companics having jurisciiction or utilities within the bounclaries of the Cih'. The report shall be submitted t.o the plann.i.ng commission and to the petitioner and his or her representative nnt less than seven ealetidar days before the hearing. ~ 10.09.04.1fIA80k{3:N5:298 Natiee of hearin;. Upon the passage oI'ihe resolution fixing the time fon cearivD the petition or proposal for vacaiion, the city clerk, or the director, acting under thc clirection and supervision of the cicy clerk, shall give not less than 20 days' notice of the time, placc and purpose of the hearing by (1) posti.ng of a written notice in tliree co3ispicuous places in the City; (2) publishing written notice once in the City's official newspaper; (3) posting a minimum 24-inch-by-36-inch n4tice sio in a conspicuous place at each end ofthe street or alley sougbt to be vaeated describing the praposecl vaeaiiAn and the date, time ancf locat.ion of the public heainig; and (4) mailinb written notice to all petitioners at the addre,5ses on the petition aud all owners df propeny abutti.ng the street or alley proposeci Io be vaeated, as shown on the records or the Spokane County assessor; nat lo exceed 90 calendar days from lhe ctate of the public hearing. 'I'he dirECtor shall send the same writt.en tiotice to the represenlative of the petitioners at the address on tbe petition. ~ 10.09.04.10.0904IN15.300 Prntest. If 50 pereeiit or more of the abutting properiy owners file written objections to a cit}, council-initizitucl vacation with the city clerk, prior co the time ott}ae heai•ing, the City shall be prohibited from proceeding wich the vacation. 10.09.04.10.10048:05.4-18 Planniiig cammission revieNN, antl reco►niiae»dation. The liearing on the petition or proposal shall bc held before the planning conunission upon the day fixed by resolution or ai the time to which a t►earing tnay be adjoumed. In its consideraiion of the proposed vacalion qf the strce;t or alley, llie planning coramission shall ri;nder a reconvneridation basccj cm the critet•ia speeified in S%TMC l 0A5.320(A) through (E). Following the bc.~ri n the dircctor shall fonvard the plannin; cnnlmission's recomrr►endation and the bearing minutes to the city council at a regularly schc;duled meeling. If a hearing is held hefore the plaruiiug commission, it shall nn# be necessary ta hold a hearing before the city cauncil; prc~vided, that the city council may at its clis.cretion determi_ne to hold a separate hearing on the proposal. ~ 10.09.04.10.11010055 City council decision. FollowinQ the hearing and receipt of the plan. ning commission's recommendation the eity eouncil shall determine whettier to vaeate the street or alley. Tbi: determinatiun shall include, but not be limited I.o, consideratiAn of the following c-riteria: A. «'hether a change of use or vacation of the strect or alley will better serve the public; B. Wheihcr the street nr alley is no lnnger required for public usc or public access; C. Whether the substitution of a new and different public way would be more useful to the public; D. «iiether conditions may so ehange in the future as to provide a i.,~eater use or need than presently exists: anil E. bljhechcr objections to the proposed vacation are made by owne.rs af private proper[y (exclusive of petitioners) abutting the si.reet or allev or ottler govc;rnmental agencies or members of lhe general public, If the city c;ouncil determi.nes to grint the vacation, the action sha11 bc made by ordinance with such conditians or limitatians as the city council deems necessary ancl proper to preserve any desired public use or benefit. Thc ordinance may coutiiin a provision retaining or requiring eonve_yance of easemeiits for construction, repair and maincenance of existing and future utilities and services. F'ursuant to RCW 35.79.040, tlie city council u1 approving a street vacation request shall specify tbat the vacated porlion of the strc:et or alley shall belong to the abutting prnpf;rey oa'ners, one-half to eaeh, unless factua] circumstances othenvise dictaie a diflcrent division zind clistribution of the st.reet or alley to be vac<<tcd. The city council reserves the right to require canipensation as a condition of approval of Ordinance action; provided, that such compcnsation shall comply with the requirernents of RCVV 35.79.030, and further, that any required compensation shall be paid to the City prior to the Ci[y's ~ participation in required titlc transfer actions. I 10.09.04.101201-0:05:3311 VACaYion of wnterfronc streets. A. The City shall uot vacate a street. or alley if any partion of the streei ar alley abuLs a body of water unless: 1. The vacation is soughi to enable the Ciry lp aequire the prnperiy for beach or water access purnases, or launching sites, park, public view, recreation, educational purposes, or otlier public uscs; 2. The city council; by resolutiou, declares that the slrcet or alley is not. Presently beuig used as a street or alley and that tlis; street or alley is uot suiuible for any of the followino purposes: beach or water access, launching sites, paci:, publie view, recn;ation, or education; or 3. The vacatiov is sought to enable the Ciry to implement a plan; adoptccl by resolution or ordinance, that provides compiirable Qr impraved public access to the same shoreline area to wluch the street qr alley sought to be vacated abuls, had the properties included in the plan not been vacated. B. Before adopt.ing an ordinzince vacating a street or alley under subsccfion (A)(2) of this scct.ion, the city council shall: 1. Cause an inventory lo be compiled of all right.s-of-wa_y within the City that abut the same bocly of water that is abutted by the street or alley sougbt tb be vacated; 2. Cause a study to be conducted to clelerczline if the slreet. or alley to bc vaeated is unsuitable for use by ttie City for any of #l1e fc,llowinQ purposes: launching sites, beach or water aecess, pask; public r~ view recreation, nr eclucation; ~ ~ 3. :F-lolct apublic hc;aring on the proposul vacation in the manner mquired by Chaptcr 35.79 _RCW . ~ anct chis r►rt.ielc; ancf 4. Include in its written decision a findine that the street or alley soughi to be vacated is uot suitable for any oche:r purposes listed under subsection (13)(2) of this section, and that the vacation is in the public's inierest.. C. Notice of the public hearulg on the proposed vacation shall be provicled in accordzince with the notice provisions of SNNIC 10A5.290; provided, that the City shall also post notice of the pubiic tlearing canspicuously on the street or alley sought to be vacated, whic}i notice shall indicate that the area is a public access, that the street or alley is proposed lo be vacated, zinc1 lhaC anyone objecCing te the progosecl vacation should attend the public 6caring or send a letter to the direccor indicatinc, the abjeciion. I 10.09.04.1 0.13[I}$;05-148 Applicatiou of zoning district designstion. The zoning disirict desitmation of the properties adjoining each side of the street or alley to be vacated shall be automaticallv extended to the center of such vacation, and all area included in the vacation shall theri and hencefortb be subject to all regulations of the extended districcs. The atlopti.ng ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. ~ -110.09.04.10.1400:05.350 Rccording of ordinance. A certified copy of the ordinanee vaeating a street or alley or part tlleeeof shall he recorded by the city clerk in the office of the Spokane County auditor. I 10.09.04.10.15040.-05.3H8 Cnmpliance wikh city council condidons. All cnnditions of citv council autharization shall be fully satisfied prinr to any transfer of title by the I City. 10.09.04.10.16044053-70 17ecord of surve), requi.red. Following the city council's passage af the ordinanee approving the proposal io vacate the street or alley. a record of survey prepared by a registered turveyor in the state of Washington and iucluding an cxaet metes and bourids lepal description and specifying, if applicable, any anct hll eascments for cotisiructiocl, rcpair and inainienance of existing and future utilities and services shall be Submitted by the proponent to the director. Said record of survey shall contain t}ae professiocial siamp and sionature of the registered surveyor, shall cont<iin sitmature lines for the City of Spokane Valley conununity development direclor, City of Spokane Valley public works director or designee, and the proponcnt indicating acceptance pf the vacated stru;t or alley. Said record of sutvey shall also specify location, ditnensions and area of all parcels of lancl abutting and within ] OU feet on all sides nf the vacated street or allcy. I 10.09.04.10.17010.0-53$0 Costs of dtle transfer to bc bornc by proponcnt. Ali direct and indirect costs of title transfer of the vacated street or alley from public to private ownership including, but rlot limited to, title campany charges, copying fees, and recording fees are to be borne by the proponeni. The City will not assume any financial respousibiliry for any direG or indicect costs for the ti-ansfer of title. UTILI'1'LE,S Title 3 Chaptcr 3.311.0911 Article I. Storm and Surfflce Wuter Utility ~ J I 3.30.090.01(44644.:N-!) Starmwater utility. The City of Spokane Valley hereby establishes a st.orm anci surface water uti]ity to provide for the development, maintenance and control of storm drainage and su►face water %vithin the City. The City reserves aud elects to exercise ali power and authority relating to the constniction, acquisition, condem.nation; maintenance itnci operation of the storm drai.nage and surface water systems, including the right to establish rates and charges for service. ~ 3.30.090.02040.19:$20 Purpose. The storm and surface water utility is created to promote and protect the public health, safiety and welfare by esCablishing a compreiiensivr approaeh to slorm and surfaee water management recogiuzing that the utility will provide benefits to the real property locatecD wiiliin the Ciry. i'urther, the utility will assist in protF:ctino the Spokane V-,illey natural environment by reclueing the likelihood of flooding imcl erosion by contmlliug the discharge of stoinl md surface vvater into the ground. ~ 3.30.090.113010.1f1:039 Definitions. "Developed pareel" means any narcel of real property that has been altered from its natural state including clearing, grading or filling, whether nr noi that work accompanies eaczvation and construction. "lmpervious surface" means a hard surface area, which cither prevents or retttrcls the entry of water into the soil mantle iis under natura] conditions prior to development, ancUor a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow different than the natural c;onditions prior to developmenl. Couvnon impervious surfaces inclucle, but are not limited to, rooftops, walkways, patios, driveways, paved parl:ing lats or storabe areas, cancrete or asphalt paving, gravel roads, packed earthen materials, rwci oiled surfaces which similar!y impede the natural iiifiltration of stormwater. Open, uncovered retcntionldetention facilities shall not bc considered as iLUpervibus surfaces. "ParceP" means any a.rea of land within the City that is identifiecl as a distinct property by the Spakane County assessor's off ce, wilether or not the parcel is cansidered taxable. "Right-of-way" mews a strip or parcel oI land dedicated to the City for public uscs including street; mass transit, bicycle, and pedestrian uses as well as emergencv access, utility, drainage, vee,etaiion managemcnt, view corriclor or other nccessary public uses. ~ 3.30.090.0401-E1.1-0.049 Utility charge. There is hereby imposed upon every developed parcel of praper[y withirl the City, a storm and surfaee water utility annual charge of $10.00 for each single-famil_y unit and $10.00 pcr 3,160 square feet of impervious surface for all other properties. Utility charges shall be unifarm for tiie same cliiss of customers or senricc and facilities. The City hereby incorporates by refcrc:ne:e as if fully set forth berein the rates and charbes adopted by Spokane Counr~y through Resolution 93-155. The rates and charges provide a method to fund the storm and surface water utility and establish comprehensive mauagement and administra[iUn. The ciry eouncil may by resolution modify the rates and charges imposed by the utility. Except tis othervvise provided in RCVJ 90.03.525 for lhe Washington State Department of Transporiation, a11 public entities and public property shall be subject t.o rale:s and charges establishetl by the city council for stoimwater control facilitiES to the same extent as private persons and priwate property. The city council, when sccting rates for public entities and property, znay consider stormwat.er services pmvided and maintained by the public entiry and other related improvements, as wcll as danations of services and propcrty to the Cit}' u[il.ity. I 3.30.090.050+04M(1:045E1 Stormwater utility fund. Tliere is hereby esttblished a fund ihat is to be l:nown as the stomlwalCC Uttltry f71[ld ]llt0 Which shall be deposited monies received Uy the City with expenditures authorizecl as are properly chargE:able to the fund pursuant to this an.icle. Monies in the fund shall be budgetecl and appropriateci for puiposes consistent with the storm and surface waier utility including, but not li.m.ited tA, the planning, desitmi.ng, acquiruig, cociskructing ajid cnaintai.ning of stormwater control, ehnveyaciee and treatment facilities plus reasonably related admiuistralive expenst;s. 3.30.09(1.06010:}0:06 N Entry uf prernises. Wlienever necessaiy to make an inspection to eaforce any of the pravisions of this an:icle, the Ciry's designee mity enter upon a parcel at. reasonable times t4 inspect the same; provided, that if a building or parcel be oeeupieci, ictentifieation and a request for entry shall be made. lf a building or pareel is unoccupied, all reasonable efforts shall be made to coniact the owner or occupani prior to entry. ~ 3.30.090.0701$-1-8:070 Eaemptions. Lffeciiva for the taa: year 2004 and each succ;eedinb year, low-ineome seniors and disahlad persons receiving relief under RCW 84.36.351 shall receive tlle following partial exempiions from surface water charges: A. All parcels for which a pcrson qualifiies fibr an exemption under RCW 84.36.351(5)(a) shall be exempt from 40 percent of the utility fees. B. A1] parcels for which a person qualifies for an e:xcmption uncler R.CW 84.36.3$1(5)(b)(i) shall be exempt from GO percent of the utility fees. C. All parcEls for which aperson qualifies for au exemption under RCVV 84.36.351(5)(b)(ii) shall be exempt from 80 percent of the utility fees. I 3. 3O.U9UA8U4N40.l18N Billi»Q, payment and collcction. The fi.nance ciirector or designee stiall prepare and certif}' a roll ider.it.ifying the developed pat•ce[s and the related utility charge lo be paid. The City inay, t}lrougli agreement with the Spokanc County treasurer, arrange for the ul.ility charge to be placecl upon the property t:ax bills sent. to the iaxpayer of property within the Cit}= of Spokane Valley. All charbes shall be due and payable in accordwce with RCW 84.56.020. Thereaftcr, accounts shall be deemed delinquent and shall bear interest at a rate of one ~ percenl per month, or at sucli otiier rates as iuay be tiuthorized by law, computed on a montl-il), basis fi•om C--1 the date of delinquency until paitl in full. All charges (and interesl) rcxcived shall be depasited into the stormwater ucility Pund. ~ 3.30.090.0904-0444M) Lien for delinquent cbarges. 1.tt addi#ion to any otlier remedies permitteci by law, the Cih' stiall have a lien pursuant to Chapter 35.67 RCVW, as c;urn;ntly enacted or hereafter ameilded; for all delinquent and unpaid storm and surface watcr rates and charges, includiug interest, aEainst the developed parccl whicb is subject to the charge. Ttie lien may be forecloseci pursuant to Chapter 35.67 RCW. ~ 330.090.10(I4-[1404~4) Administrative adjustme»ts. Tbe city manacrer or designee may authorize in writing to the cowity treasurer, a refund; credit or adjustmcnt. for any rate or chat-ge when it is determined that an crror, miscalculation or mistake has occurred. Nlo refund, credit or serviee ebarDe adjusunent may be authorized unless broughc to the at►ention af the city mat2ager or designee within one yt;ar of the occurrence Of the error, miscalculation or aiista}:e. h1 any instance where refund or credit is authorized; iiitei•est on the outsiauding amounf shall be waived. I 3.30.090.11.0}94$440 vlansgemcnt coopet-atinn. Rc;cognizing the purpose and functions of the City stormwat.er utilii:y anci to promate interjurisdiccional cooperation; the public works clirector or designee may coordiiiate and jointly perfonu activities with Spokzjne County anci odler jurisdictions tiiat promote the maintcnance, operation zmcj clevelopment of the City slorm and surface water drainage utility. The public warks director may xciopt. rules, poiicies and prograins that relate to joint activities between the City and other jurisdictions i.ncluding the review of development proposals that affect storm or surface wat.er control. ' Article IL Stormwater A'lanxeement / . 10J0.120 Cuidelines for stormwater rnanagcment. .__.J Pursuaut to RC1V 35A.11.020 ancl 35A.12.140, t.he City adopts by reference the Spokane County Guiclelines for Stormwaler Manageiuent clated January, 1981, with subsequent amendmeaits and actdendums, whicli is attactied to the orclinance cadif ed in this article as Exhihit ,A and incorporated herein by this reference as present.ly constituted or hereinafrer amendcxl as the interim guidclines for stormwater uianagerncnt of the City of Spokane Valley. Unless the context reyuires otilerwise, references to Spokane County shall be canstrued to mean the City of Spokane Valley azid references w eount_y staff shall refer to lhc city rnanager or dcsip. ee. 10.10.130 Adoptiun of other laws. To the e,r•te:nt that any provision of the Spokane CUUnty Code; or any otber ]aw, rule or regLilatian referc:need in the Guic3clincs for Stornnvater Management, attaehed to the ord'uiance codificd in ttus ar[icle, is necessary or convenient to establish the validity, enforceability or interpretation of the Guidelines for Stormwater Managemcnt, then such pravision of the Spokane County Code, or otlier law; rule or regulation is hereby adopted by refercnce. 10.10.140 Refercncc to hearink bodies. 'When the Guidelines for Stornnvater Management attachcd to the ordinance codiCed in this article ref'er to pianning commissions, board of appeals, hearing exarniner, or any other similar body, the city council sliall scrve icl all such rols;s, bui retains the rigbt to establish any one or more of such bodies, at any time ancE without regard to whether any quasi-judicial or other matter is theci pendiug. 10.10.150 Modification of guidclines. The responsibiliry zincl authorit}, for developi.ng recommenclations for aladifying and manitoring the effectiveness of the storuiwater managecnent guidelines Qf the City of Spokarie Valley may be delegated to city couneil committee accorditig to couneil rules. The council t:ornmittee shall worl: with the city manager, designatul siaff and others to provide for stormwater management and development of relaied facilities that. promote the ordcrly development of the City and servc the best ititerest of the residents. The couneil shall periodically review the guidelines for stormwater management and modify and amend thc same fi-om time to time; as neces5ary. 10.10.160 Uniform code - Cr►pies o» filc. The eity clerk is to mainiain one copy on file of tlie Guidcli.nes for Stormwater ylanagemcnt adopted by the ordinance codifiod in th.is arLicle. 10.10.170 Liabiti",. The express intent of the City of Spokane Valley is l6at the responsibility for comnliance with the provisions of this article shall rest with the pcrmit applicant wd lhci.r agents. This article and its provisions are adoptul with the express intent to pro[ect the liealt}i, safety, a»d welfare of lhe gct►eral public arid are not intended to protect any paiticular class of i.ndi-,riduals or organizations. BUII.,DINGS ANn CONS1'ItUCTION* I Article iTIF. Buildinb Code ~].O.Q3.01 f1+5:W Adoption of i•efereuced codes. The City of Spof:.ane Valley hereby adopts the following codes; as amended by the Washiiigton ~ ~ ~ State Buildina C4de CUUC►cil pursuant lU R.C%A' ] 9.27.Q74 for the purpOSe of eSCablish.i.ng rules and regulations fvr [hc const:ruction, alterjtion, rc;mOval, clemolition, equipmcnl., utc and dccupancy, location wd maintenalice of huildinQS and stnictures; including permits and penalties: A.l. The 2003 Iruernational Building Code. (IF3(:), published by the Interiiational Cnde Couneil, Inc. 'Che following appendices are specifically adopted: Apendix H, Signs. Apendix I, Patio CoverS. 2. The 2003 Inteniational Residential Code (I1tC), published by the lnteniational Code Council; Inc. The following appendices are specifically adopted: Appendia .A (iFGC), Sizing and Capacities of Gas Piping. Appendix B (1FGC), Sizing of Venti.ng Systems Serving Appliances Fquinped wiih Drafi. Hoods, Category I Appliances and Appliances Listed for Use and T}pe B Vents. Appendix C; 'Exit Terminals of Mec;hanical Drafl. and .Direct-Vent Venting Systerns. Appendix F, Radon Cantrol Meihods. Appendix H, Patio Covers. Appendix J, Existing T3iuldings and St:ructures. B. '1'he 2003 Intemational Nlechanical Code (TMC), publis}ied by the International Code Council, Ine., ear;ept tbat the stantlards for liquef.ied petroleum gas installations shall be NFl'A 58 (Storage and Handling Qf Liquefied Petroleum Gases) and ~TSI Z223.11NFPA 54 (National Fuel Gas Code). C. 1'he 2003 Intemacional FirE Code (IFC), published by t}ie Internati4nal Code Council, Inc., ineluciing those standards of the 1\Tational Pire Protection Association spcciriciffly refereneetl in the Internatioual Fire Code; provided, that notwithstiincling any wordinQ in this code, psrticipaclts in religiaus ceremonies shall not be preeluded fmm carrying liandheld candles. 1 he following appendices are specifically adopted: ~ Appendix B, Fire Flow for a3uildings. Appendia C, Fire Hydrant Locations zinct Distribution. .Appendix I7; Fire Apparatus Access Roads. Appendix E, Ha2ard Categories. ,qppendix F, Wazarcl Rankulg. Appendia G: Cryo;enic Fluids - Weight zincl Volume Fquivalents. D. Except as pravided in RCW 19.27.170, tiie 2003 Unifonn Plttnibulg Code (IIPC) and Unifonn Plurnbing CUCIe Standards, published by the lntemational Assoeiatinn of Plumbing and A7echan.ical Officials; provided, that any provisinns of sueh code affecting sewers oa• fuel gas piping are not adopted; and The rules adopted by the Wasbintinon State Building Cotle Council establishing standards for making buildings a.nd facilities accessible to and usable by the physically disablzd or elderly persons as provi~lui in R.CW 70.92.100 tllrough 70.92.160. Ln case of conflict among the codes cnumeratcxl in subsections A,13, C and D of this section, the ~ 10.0344-5.020 10-14 first-named code s1ia11 govem over those followinb. E. The 2003 Intematioval Fuel Gas Code (IFC), as published by the Interilational Code Council, inc. F. The 2001, Second Edition, Washington State Enerty Cade, Chapter 51-11 VVAC. G. The 1997 Fdition of the Uniforrn Code for the Abatement of llwgerous $uildings, published by thc Internat-ional Co»ference of Building Officials; Whittier, California. E-[. The 2003 Lntemationel Property Aqaint.enance Code as publ.ished by the Ttiternational Code Council, Int ~ 1.0.03.4-5.020 C:eneral rcquirements for all referenced eocles. ~ A. Couflict ]3eiween Cades. Whenever iliere is a conilict between a referonccti code in SVMC ] 0.1 5.010 and the general req«irements containecj in chis section, the general requiremenis siiall apply. B. Reserved. C. Design iZequiremcn[s. Gmund Wind Scisinic Frost Winicr lce Flood Air Mcan Snow Spcccl Desien Vdeathrring linc Termitcs Uecay Dcsign 5hield Hazl"s I'rcczr Juuiuill Load " (Gust) Catrg(iry clcpih Tcmr Underlay lndex Tema) 3) Slibht to ``nne to 2003 I~+fl; 85 mpli C Severe 24Moderate sliEtlt 10° Yes 19~t? 1232 k7.~° F1RM * Miciimum roof snow load to be 30 Ibs/ft2 in the CixY of Spol:ane VaUey. D. 1'rofessional Preparation of Plans. The City of Spokane. Valley shall mtluire aWashington licensed dGSign professional, licensed under the provisions of Chapters 18.08 or 18.43 ItCW or Chapter 305-12 VJAC to prepare or oversee the prc,paration nf plans for any builclitig or structurc coukii.Tiing five or morc residential dwelling unics ar doing design work including preparing construccion contract documents and adminislering the contraet. for constniction, eeection, enlargement, alteration, or repairs of or lo a builditig of any occupaney c>ver 4,000 squarc feet of cnnstruciion. E. Construction Plans. All subrriitted construction doeuments must be of sufficient cletail to show the entire project with emphasis on the following: 1. Siructural integrity; 2. Life safety; 3. Architccl:ural barriers (ADA handicap compliance); 4. Compliance with all codes having jurisdiction; 5. Scope of work; 6. Speeial inspection requi.rements and protocols; 7. Deferred subnuttal schedule. ~ Iu general, the amount of detail required will vary, cjcpenciing Qn the nature ancl eomplexity of the project. F. Pertnits. 1. Ownersbip. The ownersh.ip of a Spokanc V alley devclopment penuit inures to the property owner. The permit. applicwit is; by ctefi►tition, w agc:nt of the property owner if not the pmperty owner. 2. Expiration of Pennits. All permits sht111 expire b}= limitat.ion and be declared void if: a. VVork is not started withi.n 1 80 days of obtaininc., a permit; b. VVork is abancloncd for 180 days or more after beeinning work; or c. Afler t:wo years from the date of permit issuance, regarclless Qf whether the work is finished. If a reruut is expired for time, a new permit may be obtained for nne-half the penuit fee for the value of the remainder of the work to fmish the original permiG G. Kefcrenced Codes. A11 referenced codes are available far review at the City of'Spokane Vallcv pennit cenler. H. Fees. ,aU Spokane Valley pennit fee,s shall be cstablished by a City of Spokane Valley resolution and may be found in Appendix B, Schedule C# of the Spokane Valley Uiuform Dcvelopment Code. 1. lnvestigation Fees - Work without a Permit. a. Investigation. Whenever zmy work for whicb a pennit is requirecl by this arlicle has becn comme«ced withaut first obtainint said pennit, a special 'uivesiigation shall be 3nade before a perinit may be issued for such work. b. Fce. A.n iiivestigation fee, in addition to the peimit fee, s]iall be collectF;d whetber or not a permit is t}ien or subsequently issued. The investigation fee shall be equal ta the amount of tL•e permit fee required by this trticle. The minimum iiavestigation fee s1ia11 be the same as the miilunum fee sct Cor[h in Schedule C.* This fee is an additional, punitive f'ee and shall not apply to any Spo4:ane Va[ley erading or buiiding permit fee that may subsequently be issued. Payment of the invesiigative fee dae:s vot vest the illega! wori: witb any leoitimacv, nor does it establisli any right [o a S~~okane Valley permit for contuiued "1 ~ development of that project. If the work done remains illegal for 40 days afl.er service of the stop work order, i4 shall be considered hazardous. c. The payrnent of such investigation fee shall not exempt any persou fiom compliwce with all other pravisions of this arlicle vor fmm any peiialty pnescribeci by law. 2. Fee Refunds. The building official may authorize the refunding o£ a. One hundred percent of any fee erroveously paicl or eollectecl; b. Up to SO percent of thc: permit fee paicl when no work has been done under apeaYUii issued in accorclance with ttiis article; c. Up to 80 percent of the plan revic,.v fee paid when an application for a permit for which a plan review fee has been paid is wiihdrawn or canceled before any plan reviewinL is done. The building oftcial shall not authorize refuntling of any fee paid except on writtetl applicatian fi.led by t.he origi.nal permitee nnt iater than 1$0 days after the date of fee payment. i. Appeals. All appeals of any building official dccision, orcler or deiermi.nation rela[ive to the application and interpretation of this article shall be mtide in cotiformance with SVvIC ] 030.560(B). J. Floodplain 17evelopmc:nt. A11 development withui a desi~,~atcd flondplain located in the City of Spokane Valley jurisdiction shall comply with SVIv1C 10.20.330 arid the eonstruction specificatioias detailed in the 2003 IRC, Section ft323 Flood-R.esistant Construction; as amended. K. lteserveci. ~ 1 Q.034-5.p3U Amendments to the referenced codes. A. 2003 Intemational Building Code. Amend Section 105.2 Work exempt from perm.it. Building: 1. by substituting "200" for "1 50" in the square feet of floor area exempt from building permits. B. 2003 Intema[ional Residential Code. 1. Add Section R310.1.5 Replaeement of I:mergency Escape and Rescue Openings: ~ If eme.rgency escape and rescue openings are replaced or rrnewed: except for glazina replacement or reue~~al, tl~e opening si•ra;s shall be. as required for new can5truL'1i017. 2. Amend R323.13 Establishing the design flood elevation. Add a first sentence: The design flood elevation is equal to base fload elevfltion plus one foot. 3. Amend R323.2.1 Elevation Requirements by rcwritint No. l. to read: Buildings and strucmres shall hsvc the lowest lloors elevated to or above base flood elevation pius one foot. Also by rewriting No. 3 to rcacl: Basenient floors that are belaw grade on all sides shall be elevated [o or above base flood elevatiori plus one fvot. 4. Adcl a second paragraph to ]t3233.6 Construt;t.ion <locuments to read: T'he docurnents sh5ll incluclr a verificacion of foundation eievacion prior to fooxi.ng inspection approval and a venfication af lowest tloor elevation to be base flood elevatioii plus one foot prior to fi'aming inspection approval. 5. Delete Pan 1V - Energy Conscrvation in its entii•ety. ~ Ei. Delete 1'art VII - Plumbing in iis enlirety. References to chapters in Part Vl;[ sllall be made instead to the appropriate sect.ions of the 2003 Uiiifonn Plumbing Code published Uy L41'dV10. 7. Delete 1''art 'VT_II - Electrical in its entirety. References to ehapters in Part VIII shall be made itistead to thc Natiqnal ElecA.ricai Code published by the NTFPA and enforced in Spokane Vallcy by the State of VVashington Uepartment of L,abor and Industries. C. '41003 Intenlational Mechan.ical Code - Reserved. D. International Fire Code. Amend Appendix C: atld an exception afler the last paragraph in Ci05.1 IIydrant spacing. Lxception: 1'he Fire chief is aut6orized to reduce the. nurnher of required h}'cirants by up to 56°/u when the building is eyuipped with an aPproved, automatic fire sprickler system and the fire. citief has approved dhe location of [hose requircc3 fire hydrants. Amend Appeudia D: n1U1.1 Scope. Fire apparatus acce.ss roads shatl be in accordance wich this appeudix and ali ochcr applicable requireme.ntti of the lutemational I=ire Code includinb the provisions of Section 503 Firc Appsratus Access Roads. F. 2003 Unifnrm Plumbing Code - Reserved_ F. 20031ntc;maiional Nuel Gas Code - Iteserved. G. 2001 Second Eclition, Washington State Energy Cnde - Reserved. H. 1997 Uniform Codc for the Abatement of ]aangerous ]3uildings, Section 302 Uangerous I3uiltlinLS. Add additional defiriitions of a d,-inaerous building: 19. Drug Propcrties and Structures. It is vereby declarr.ti that any building, structure ai►cUor lssociated property, identificd by the City of Spokane Valley chief of police, wherein or upon which the inanufacture, clistribution, mduction or stomge of illegal drugs or the pre.cursors to creatc illegal drogs Uas taken place in a mwtter which coulcl endanger the public, such huilcline, s[nicture and/or sssaciated property is not only a dangerous property as defned by the City of Spokane Valley but is also a classificatian of property culling for the spceial proceclures set forth in this section. The building official is authorized to abate such daneerous buildinos, structures, and/or associated proPerties in accorclance with the dangerous building procedures sct forth in this code and W3Sbi11gtOll Statute, ItCV11 64.44.010; wich the following modifieations: 19.1. Due to public safety ha7ard in drug production faciiitics, die utilit.ies shall be disconriected; 19.2. Builcling(s) and structures shall be inspcctrd ro cieterrnine compliance with all city ordin5nces and codes: 193. Builcling(s) and any encry gates to tbe prapcrry shall be seeured against cntry in the enanner set fnrth in this code; 19.4. Nb reconnection of ut'tlities or ar.c:upancy of the building(s), structures or property shall be allowed until aIl violations have been succe.ssfully adriressed, aII dangerous condiuans abated and a natiee of release for re-oecupwcy has Ue£n receivcd from the hea1d3 department avd sheriff's o(Tice; and 19.5. If ciangcrous cotlditions cannnt be abated, occupancy shall be prakibited. R.esoiution /l of said property shall be in confarmance with RCW 35.80A.010; Condenu»tion of blighted property. 20. Bliehtecl Property. In conformance witli RCW 35.80A.010, the Cicy of Spokane Valley may acquire by condemnation, in accordance with the natice requirements and other procedutt;ti for conclemnaeion provided in RCVJ Title. S; any propeny, dwelling; building; or structure. which constitutcs a blight an the surrounding neia6borhood_ A "Ulight on the surrounding neighborhood" is any property, dwelling; building, or structurc that meets any rcvo of the following factors: 20.1. If a dweUing, building, or structure exists on the property: the dwelline, bu'►.Icli.rig, or strucrure has no[ been awfully occupied for a period of one _year or inore; ZU.2. 7'he propercy: clwelling, building: or stnicn2re eonsiitutes a threai to the public healch: safcty, or welfsre as determined by the eaecutive auchority of tlie City of Snokane Vxllcy or the dcsignee of the exeeutive au[horiry; or 20.3. Tbe property, dweliing; builcting, or structurr is or has been associated with lllegal drug activiry during the previvus 12 montiis. Priar to such condemnadon, tile City of Spokane Valley city council sball adopt a resolution decl5ring that the acquisition of the real propetYy described therein is necessary to climinate neighborhood blight. Condemnation of property, dwcllinas; buildings, and structures for the purposes described bi this chapter is declared to be for a public use. 1, 200; International Property Maintenance Code - Reserved. (Qrd. 04010 § I(3.03); 2004). Article4.4T\ Section 10.09.05 : Etcavfltion, FiIJ find Gracling 10.09.05.01010..040 Purpose. A, General. The purpose of this article is to safegua.rd health, safety and welfare by regulating grading and excavation, including fills and embanl:ments, on public and private property located within the City of Spokwe Valley, Washington, and to establish procedures for the issuance of permits, approval of plans and inspecti4n of grading construction. B. Enforcement. The builcling official is hereby authorized and d'uecteci to enforce the provisions of this arlielc. The building off' icial shall have the authority to render interpreCat.ions of this article and to adopt policies and procetiures in order to clarify lhe applieation of i[s provisions in compliance with the intent and ptirpose of this article. Such po]icies and proeedurc-s shall not have the effect of waiving requirements specif cally provided for in this article or wy other cotmty, statc or fecleral iaw or ordinance. C. Liability. The building official or City of Spokane Valley employee chareeci with the enforcement of this Miele, while acling for the jurisdiction in good faith and without malice in the discbar^ge of the duties requireti by this article or other perCinenl Iaw or ordinatice, shall not thereby be rendered IiaUle personally and is hcreby relieved from personal liability for any damabe aceruing to pcrsonS or pmperty as a result of any act or by reason of an act or omission in the discharge of official duties. 4uy suit instituccd against z►n off ecr or employee becauss of a» act performed by that off cer or emPloyee in the lawful dischai•ge of dut.ies and under the provisions of tlus article shall be ciefended by a lcgzil representative of tlle jurisdiction until the final termination of the proceedinos. TFie building off`icial or any subord'uiate shall not be liztble for cost. in any action, suit or proceedina that is instituted in pursuanee of the provisions of this article. D. Appeal. A.n appeal of anY decision made by the Spokane Vallev building official shail be pursuant ro SVN4C 10.30.560. ~ 14.09.05.0201$4-5:11581'ermit required. Except as specified in SV`MC 10.15.060, no person shall do any gi-ading without first having obtained a Spokanc Valley gradirig pemiit from the builclinD official. /All ~radint ~vitl~_ir.i the City of Spo}:ane. Valle}, shall comply with the Washi.ngioii State Environmenlal Policy Act. I 111.09.45.03U-#.45460 Exempted worl:. When approved by the buildictg official, a grading pcrrnit shall not be required for lhe follo~ving: A. Grading in an isolated, self-contained area if tkiere is no diwger to private or public property; provicicd, however, that any gradinQ in any flooclplain or flaoclway shall not be exempt fi-om ag7acling pemiit. B. Work located within a dedicatcd public rigbl-of-way. C. Landscape_ ponds or water feahues lhat do uot excexd 500 squarc feet of water surface area or iliree feet in depth and are fully Lined with an approved synthetic pontl liner. D. Excavation bclow finisheci grade for basemcnts and footings of.'a building, rciaini.ng wail or other structure less t.ban four fec;t in depth or authorized by a valicl buiiding pemut. This shall not exempt any fill made with the matcrial from such excavation or exempt any excavatidn having an unsupporied heitbt g--eater than fivc feet (1;524 nun) after the completian af such structure. E. Cemetery graves. N. Rcfuse disposal sites controlled by other regulations. G. Excavations for wells, tunnels pr utilities. T'lus includes any gracling required it,r equipment staging, not inchiding raads, facilita#ing the excavation. This also includcs eacavation work done to fecilitaie the sept:ic tank eliinination prnti*ram. H. Mining; yuarrying; excavatirg, processing or stockpilinu of rock, sand; gravel, aggregate or clay where established and provided for by law, provided such opcTations do not affect tbe lateral supporc or incretise the s[res.ses in or pressuee upon an}' ad,jaceiit or contiguous property. I. 'Exploratory excavations under the direction of a prafessional engi.neer ar professional geolo ;ist. J. An excavation thar. 1.1s less than cwO feet in depth; or 2. Does not create a cut slope greater than Fve feet in height anci steepei• than one unit vertical in one and one-half unils horizontal (66.7 percent slope). K. A f ll less thitn one faot in dept.h and placed on natural terrain wiLh a slope f]atter than one unit verfical in five uniLq horizontal (20 percent slop4). I ess than tluef; fect in depth, not intended to support stnictures that do not e.xceed 50 cubic yards an any one lot and do not obstruct a drainage course: 'I'his exemption includes landscape bcrms if tlie plot plan indicates a no-huild zone where a specific berm is locateci ancl no slope is creaced greater t.han ocie unit vertieal in orte and one-hal f unics borizontal (6E.7 percent slope) uot more than five feet in hei-ht and t,here is t1o danger t.o private or public prvperty. ExempCion from the permit requiremc:nts of this article sball not be deeuied to grant authorization for any work to be done in any manner in violation of the provisions of this arlicle or any other laws or ordina»ces of this jurisdiction, thi; state of Wash.i.ngtUn or the UniLcc! Siates of America. ~ 10.09.05.0404-04-5.070 Testing. `1'he standards listecl beiaw are, for t;he purpose oFthis article, recognized st.andards: A. ASTVi Ia 1557, Test Method for Laboratory Compaction Characteristies of Soil Using Ivlodificcl Effort. ' B. ASTM D 1556, Test Method for Density and Unit Weight of Soil in Place by the San<t-Cone Method. C. ASTM ]a 2167, Mctboci for L7ensity and Unit Weight of Soil in 1}lace by ihe Rubber 13alloon Method. D. A57'N1 D 2937, Test A9ethod for Density of Soil in Flace by the ]arive-Cyluider nlechod. E. AS'1"M D 2922, "I'est Met,hods for Deusity of Soil and Soil-Aggregate in Flace by Nuejear Methods r~ (Shallow Depth). ` F. ASTM [7 3017, Tes; Method for Vl'ater Co;itent of Soi] and Itock in Place by l~iuclear Meihods ~ (Sbijllow 17epth). Ci. ASTM D 69$, Moisture-Derisiry Relations of Soils and Soil AggreQate Mixt:ures. H. AS7"ibI 17 2488, l'ractice for I7escription wd Identification of Soils (Visual-Mwual Procedure). 1. AS'I`M U 2487, 'I'est iMetliod for Classificatioii of Soils for r-Frigineering Purposes (Unified Soil Classification System). ~ ] O.C19.05.05010:1-5:$$Q Ha'r,:trds. A. W11enever the buildino ofEicial determini:s that any existing excavation, embankcnerlt or f ll on public or private property bas become a hazard to persons or prdpert:y, or advcrsely affec:ls the s.ifety, use or stability of apublic way or drainage channel, the owmer or other person or ageni in control of said property, upon receipt of notice in writing fi-om the building official, shall within the period specif ed therein repair or eliminate such excavation or embankmenl.. B. Work [hat is done without a grading permit, if such permit xvquld have been required, sUall be comidei•ed hazardous and a pulalic nuisance, subject to all enforcement actions and penaltics as found in I Ctiapter 10.0120V~-30 SVIv1C, Article ~91 Zoning Code Compliiince. I 10.09.05.06040:15:8)4) I)cfiniNons. For the purposes of t.his aclLicle, the definitions listed hereundei• shall be construed as specified in t.his section. "Approval" shall mean that the proposed work or completed work coclf'orrns to this article in the opitlion of the bu.ilding official. "As-graclcd" means the extent of surf'ace conditions on completion of grading. "Bedrock" means in-place solid rock. 'Bench" means a relatively level step excavated into earth material on which fill is to be placed. `Borrow" means earth materiai acquired from either an nn- or off sice lacation for use in grading on a site. "Building official" means the officer or other desib ated auihoriry charged with the administration and enfareement nf this articJe, or a duly authotized represeiitative. "Compaction" means the densification of a fi116y mechanieal means. Critical Areas. Defined xvithin WAC 365-195-410 to include: A. Wetlands; B. Areas of critical recharging effect on aquifers used for potable water; C. Fish anci wildlife habicat conscrvation areas; D. Frequently flooded areas; and E. Geologically hazardous areas. "Farth material" means any rock, natural soil ar I'ill or any combination ihereof. "EnDin~.~;ring Deolo€y" means the applicatioii of geologic laiowledge and principles in the invesiigation and evaluation ofnaturally occurring rock and soil for use i.n the design of civil works. "Erosion" means the wearing away of the ground surface due to movement of wind, water or ice. "Excavatioti" means the mechanical removal of earth material. "Nill" meiins a ctcposit. of carch material placed by artificial means. "Grade" means the vertical location of the grnund surface. A. T:xistiiig orade is the grade prior to grading. B. Finisli grade is the final grade of the site that conforms to the approved plan. C. Kough grade is the stage at which the grade approximately eonforms to the approv4ci plan. "Grading" mezins any excrivati.ng or filiieig or combination thereof "Key" r.neans a designed compacted fill placed in a trench excavated in earth material beneath the toe ofa proposed fill slope. ~ "Organic materiaP" meacis rnaterial derived from living things. "Professional engineer" means an engineer licensed in Washingtnn under Chapter 18.43 TtCW wtlo is qualified by examination ancl/or experience t.o prac[ice in the f elds of civil, geoteclin.ical andlor soils enbineering. "I'rnfcssional oeologist" means ageologisl experienced ancl knowledgeable in engineering ~ J geolog}' and licensed by tbe state of Wasiiington to practice. "Professional inspection" means the ohservation and lestuig to determine confomiance cvith project plans znct specificationt required by this article pcrfonned by a prof'essional engineer and/or professional geologisc. Such inspect.ion includes that performed by persons supcrvised by such tngi.neers or geologists and shall be sufficient to farm an opinian relating to the coiiduct of the work. "SEPA" means the Washiugton State Envi.ronmental Policy Act. "Site" means any lot or parcel of land or contiguous cambinacion khereaf, uiider the s.ime ownership, wtiere grading is performetl or penuitted. "Slope" means an iuclined ground surface the iuclination of wluch is ii rat.io of vertical distance t4 horizontal distance, expres3ed s a percenlage. "Soil" meatis a natural aggregate of mineral grains that can be separatcd by sucli gentle mechanical means as agitation in water. "Spoils" mean any materials removed from an excavation. Spoils are noi precludeti from reuse in fills. "Terrace" means a relatively level step construeted in the face df a~Tacted slo}ae surface for drainage and mainLenarice puiposes. I 10.09.05.07u' ^.z4^.0 C:rading permit reyuirements. A. Pemuts Requireti. A separate pennit shali be obtaineci for each site, and may covc,r both excavations and fills. I3. Work without a 1'ermit. Grading commenced wilhuut first obtauung a gradiiae pennit from the building officizil, unless exempt pursuant to SV1viC 10. 5.U20, is subject to all penalties descrihed in SVMC 10.30.530, including the assessment of an investigative fee for the portion of the work accomplished withouC a permit pursuanf t4 SVNIC 14.15.020(M(1), bascd on the N-alue of the work accomplished illegally. The fee is payahle prior to the acceptance of agrading pennit applieation. Payment of the investigative fee daes not vest. the ille6al work %vith any legitimacy, nor does it establish any right to any permit for continucd developmenl af the project. Excavation or fill work that rc.•cnains illeAal for 90 days after serviee: cif a stop wnrk order shall be decmed hazardous. C. Application. 7'he pravisions of 113C Section 106 are applicabie, as appropriate, to a grading permit application. Additionally, the permit applicant shall note the estimated yuantit.ies of work invnlved on the Spokane Vallev grading permit application. D. Grading Desigmation. Gradino in cxcess of 500 cubic yaa'ds shall be perfonued in aecordance with the approved grading plan prepared by a professional engineer orprofessiona] oeologist liccnsed to praciicc in the state of VVashingnon, and shall be dcsigmated as "engineercd grading." GradinD being proposed in areas identifed within Spokwe Valley as "critical areas" that require a Washington-licensed design professiona] to prepare grading plans shall qualify as engineerecj grading. Gtaciing involving less ehan 500 eubic yards shall be designated "regular grading" unless peruiittee clects "engineeretl grading," or the submitted plans are prepared by aWashington licensecl design professional, or the buildirig official detertnines that special conditions or unusual hazards exist, in which case grading shall conforui to the requireinents for cngineered gi-ading. I 1.0.09.05A80+$4-5a4.0 Engineered grading requirements. . Application for a grading pc:rmit sliall be aeeompanied by two sets of plans and specifieatioiis, and supporting data consisting of a soils engineering repart a»d/nr an engineering ge;alogy report. The plans and specifications shall be prepared, sianed and scaled by a professional engineer, professional gcologist or professional land surveyor licensed by the state of Washington. That inctivi<iual shall be considered the registered design pr•ofessiona] i.n responsible charge. A. Specifications. Specifications sbali contain information covering construct:ion and material ~-1 requirecnents. B. Plans. Plans shall be ciimensio3ied, tlrawn upon suitable matcrial and drawn with sufficieiat elarity t.o i1lusUate the natlarc; ancl extcnt of the proposed work and s11a11 include the following: ~ ' 1. General vicinity of the praposed sit.e. 2. PropertY limits and accurate contours of existulg ground and details of terrain and area drainage. 3. Limiting dinlensions, elevations or ficlisii contours to be achieved by ttie gradirlg, and proposc(i drainaec channcls ancl related construction. 4. Detailed plans of all surface and subsurface drainaze devices, walls, cribbing, dams and oiher protective devices to be cons[nictod with, or as a part of, the pmposed work, logclher with a map showinp the drainace area and the estiuiated n►noff nf the area serve:tt by any drains. A design criieeion is a 100-year event. 5. Location of any buildings or struciures on the property where the work is proposed and the location af any bui]dines or strvetures on land of adjacent owners thttt are within 15 fet;t of the properiy or that may be affected by the peoposed grading operations. 6. Recommendations included in the soils engi.neering report and the engineering gefllogy eeport , plans or speeifications. When approved Uy the building official, shall lae incorporated in the gradinv specific reconunendations containecl in the soiis en;ineering reports and the enginaering geology reports, which are applicable to gricling, may be included by reference. 7. A SEPA form shall Ue submittul, alonL with all othee plans to complete an applicatiou. 8. The dates of the soils engineering and engineering sealagy rr.ports togclher with the names, addresses and phove numbers of the finiis or individuals wbo prepared the reporis and their professional stamp and/or seal. ~ I0.09.0S.09f.110-1-5.~A RcsidentiFil subclivision gradinQ. Grading associateti with resiciential subdivision developmeni shall be "engineered gradint." Plans ~for residential subdivision grading sball contain the following details in tidditian to the gcneral infomiatian rE;quirecl uncjer SVIMC ] 0.15. DU: A. Details of subdivision construction to miti€ale the effects of scorm %vater arid irrigation runoff for all lots and areas of the subdivision. Speeific site construction requirements to mitigate collection of water in crawlspaees anct basemevts sliall be providetl. B. Final loeation of all grading consttvction spoils. If spoils iire placed on buildinL lots, the surface overburden, i.e., topsoil and wy underlying soils not conforming to the project requirements of the lots shall be removed prior to the placement of any other fill. If lots are comprised of fill materials more than two feet in depth; the compacteci fill malerial5 below txl.,o fi;et i.n depth frocn finished grade shall have a nunimum allnwable bearing capacity of 1,500 pounds per square foot. Ln addition, if the foundation is placed on fill matcrials, a foundation analysis and design, prepared by a licensed Washington engineer, shall be required to be submitted with any subsequent Spokane Valley building percnit application. C. Maxirnum and miiiimuin elevations for all basement and crawl spTCe floors. Maximum and minimum elevations for the top of fountlation walls. Maximum elevatio» for lot/propert), boundar_y liiies to provide positivc drainage frona building sites. D. Requirements for swales or drainage devices to manaAe s[orm water and landscape irrigalion ninofl: I IO.09.q5.10l1' ".';o Pouds, ~s,ater feahjres and manmade lakes. A11 ponds, watex features and maiimade lal:es greater than 500 square feet in surface area shall be engineered orading. Plans aud specifications for poncls, wat.er Ce;atures ancl manmade lakes great.er tban 500 square feet in surface iirea shall contain the following details in addition to the general itiforrnation required under SVIviC 10.15.100: A. F'lot plan showing the location of all proposed pond const.ruction relative t.o any lot luie, utility easement; septic system or replacemcnc area for septic systems. B. Details of pand construction ineluding section views; soil materials; liaing matei°ial; specia] inspeetionlobservation prograin aid spoils disposal. Provide proposed final water surface elevation. C. Details of any water reteution device or dam along with provisions for overflow. D. Written approval of awater source required to maintaui the pond demonstriited by water riahts, well permit or other ctocumentation provided hy the State of Washington llEpart.menk of Ecology (DUE). Indicate classification and stahis wilh respect to llOF dacn safety rcgulations (Chapler 173-175). If exewpt, }u.Stification of exernpt staCus is required. E. Proof of notification of the proposed construction submitted to the U.S. Ariny Corps of Engineers. F. If fis1i are proposed to be stocked in the pond, proof of Washinoton Fish and Game approval is required. I 1.0.09.05.110 444-5449 Privatc driveways. Private driveways in excess of 150 fee[ in le.ngth mc;asured from the intersection of the public way to the building the driveway serves shall be consiclcrecl eugineered grading regardless of the amount of excavatian or fill required for constnietian. Specifications for these private driveways in additibn t0 the general information rc:quired under SVMC 10.15.100 are: A. I)imensions. Unobstructed aricllb of 20 feet and an unobstnicted height of 13 feet; six inchcs. B. Surfi-ice. The surface af a private driveway s11a11 be designed arid maiutained to support a 75,000-pounci fre truck. The raad shall be surf'aced so as to provide a.ll-weather clriving capabilities. C. Turn Radii. Turn radii nf 28.5 feet minimum are required. Smal.ler radii aiay be usc;d if a design is suhmitted that will allow a 75,000-pouncl fire truck to drive over the curb or road sboulder. D. Tumaround. For privat.c driveways over 150 feet in lcngth, a 120-foot ha.mmcrhead, 60-foot "1"' or a 96-foot-diaaleter cul-de-sac is required. E. Grade. Privatc driveways equal to or exceecling a 10 percent slope are required to havc; t.hose ~ areas of the driveway that equal or exceed a 10 pcrcent slope paved with a hard; nonslip, water-repellant surFaee, such as tisphalt or Portlitncl cement concrcte. I 10.09.05.120 10.15.150 Soils engineering report. The soils engineering report shall include ctata regarding the naiure, distribution and strength of existing soils. Conclu5ions ancl recommendiit_ions for grading procedures and design criteria for correetive measures, ivcluding buttress fills, whett necessary, acid an opinian on adequacy for the intecided use of sites [o be cieveloped by lhe proposed grading as affectcd b;• sails engineering factors, includina the stability of slopes, shall be included. ~ '10.09.05.13U~~E1 L+"ngineering geology report. The engincering Qeoloby report shall i.nclude an adequate description of the geology of the site, c:onclusions and reeonunentlalions regarding the effect of geologie conditions on the proposed cicvelopmeni, ancl opinion on the adequacy for the iutended use of sites to be deweloped by the proposc;d gradint, as affected by geologic faetors. ~ 10.09.05.14010.1-6.47 A Rcgutar grading requirements. A. Each application for a grading pcrmit shall be accompanied by a plan ir.1 sufficient cliu-ity to inaicate the naiure and extent of the work. The plans shall give the location of the work, the namc of the owner and the name of the person who prepared the plan. 7'he plan shall include the following uaforrnation: 1. Gencral viciiuty of the_ proposeci site. 2. I,.imitulg dimensions and dept}i of cut ancl/or fill. Total volunse of cut or fill. 3. Location of any buildings or stnictures where work is to be performed and the location ~ of any buildings or scructures within 15 feet of the proposed grading. B. Cuts ancl Excavation. O 1..General. Unless otherwise recommended in the approved soils engineering or engineering geology report; cuts shall confomi to the provisions of 1.1us subsect.ion. 2. Slope. The slopi: of cut surfaces shall be no sieeper than is safe for the intended use and shall be no steeper than one unit veriical in two unils hori2ontal(50 percent slope). Cut slopcs steeper than SO percent sliall reqttire an engineered grading permii. C. Fills. 1. Ge«eral. Unless otheMrise recommended in the approvi;tl Soils cngin[:Lrinb repori, fills shall conform to the provisions of this subsection. 2.1'reparation of Ground. Fil] slopes shall not he consiructed on natural slopes steeper than one unit veriical in two units horizorita! (50 pei-cent slope). `l'he ground surface shall be prepared to receive Fcl1 by rernoving vege#ation, noncomplying fill, tapsail a,ncl other unsuitahle materials and scarifying to provide a bond with tMe new fill. VVhei-e slopes are steeper than one unit vertical in five units horizontal (20 percent slope) and the height is greatei- than five feet, an engineerc:d grading permit shall be retiuirecl. 3. Fill Materia1.17etrimental amounts of organic material sliall not be pen»itted in fill. Except as percuitied bv the: builcling official, no rock or similtir irreduciblc material wi[h a maximum dimensian greater than 12 inches shall be buried or placed in fill. Prior to issuance af the arading permit, potential rock ciisposal areas shall be delineattxl on tbe grading plan. Rock sizes greater tlian 12 uiches in maximum dirnension shall be 10 feet or more below grade, measured vertically. Rocks shall be placed so as to assure filling ofall voids witb wcllgraded soil. 4. Gompaction. All fills shall be compacte:d to a minimum of 90 percent of maximum density. U. Sctbacks. 1. General, Unless otbenvise recommended in the approvul soils engi.neerin3 reporl., cut wd fill slnprs shall be set back from site boundaries in aecardanee Nvith ttlis subsection. 2. I'op of Cut Slope. The top of cui slopes shall not be made neazer to a site bountlitry linc thari one-fifth of the veriieal height of cut with a minimum of two feei. 3. Toe of Fill Slope. The toe nf fill slope shall be made not nearer to the site boundary line than one-half the height of the slnpe with a m_inimum of riwo feet with no reqLured sexback from the boundan, greater than 20 feei. RThcre a fill slope is to be located near the site boundary itnd the adjacent off-site property is developed, special precautions shall be incnrparated in ihe work- as the building official deems necessary to protect the adjoining property from damage as a resuli of such gradi.nD. These precautions may i.nclucle but are not limited to: a. Adclitional setbacks. b. Provision for ret<-iining or slougb walls. c. Mechattical or chemical trcatmcnt o1"the fill slopa surfsce to m.inimi-r.c erosion. d. I'rovisians for the cuntrol of surface waters, e. Cousultation %vith a prpFcssional e;ngineer. 4. Modification of Slope Location. The builcling of6cial may apprnve ahernate setbacks. Thc building official may require an i.nvestigati4n and recouunendation by a qualified professional eilgineer or professional oeplogist to demonsirate that the intenc o1't.his subsection has been satisfied. 'E. Draina;e and `['erracing. 1. General. Unless othenvise indicated on the approved soils enginecring repori., drainagc facilities and terracing shall confonn to the provisions of this subsec;t.ion for cut or fll slopes steeper than one unit vcr[ical in Tlirae units horizont<tl (363 percent slopL). 2.1'errace. Terraces at lizst eight feei in width sliall be established at not more than 30- foot vertical intervals on all eut or fill slopes ta control surface drainage and rlebris. 'Where only one terrace is required, it shall be at mid-height. Cut or rill slopcs g7eater than 60 feet in height shall be designe;d by a professional engineer ancl shall bc considered engineerzti Qrading. 3. [7rainage. Swales or ditches on terraces shall liave a minuiium gradient of five percent and inust tie paved with rcinforced concrete or gunite not less than [hree inches in thick.ncss or an apprnved equal paving. They shall have a minimum depth at. the deepest poiut of one foot and a minimum paved wideh of five feet. A single run of swale or ditch shall nnt callect nino ff fmm a trib«tary arca ~ J exceeding 13,500 square fect (projectecl) Nvithout discliarging into a down clrain. 4. Subsurface Drainage. C;ut and fill slapcs shall be provided with subsurface drauiagc as necessiry for stability. 5. Interceptor Iarains. Paved interceptor drains shall be installed along the top of all cut siopes where the tributa.ry draulage area above slopes towarcl the cut an(l has a drainage patb greater than 40 feet measured horizontally.lnterceptor drains shall be paved wilh a minimum of three inches of reinforced concrete or gunite, or an approved equivalent. Drains shall have a minimum cieplh of 12 inches and a minimum paved width of 30 inches measured horizontally across the drain. The slope_ of drains shall 6e approved by the building of1_icial. 6. Disposal. A1] drainage facilities shall he designed to earrT l 00-year evcnt waters to the nearest practieable drainage way or other discharge pouit approvecl by the building official. Fi•osion of ground in ihe area of discharge shall be controllcd by installation of down c3rains or ather de',riccs. 7. Builcli.ng Pads. Surface drainzige shal! Ue divcrted to a stnrm sewer couveyance nr other approved point of colleecion so as t.o not crc,ale; a hazard. Lots shall be gracieci so as to drain surface watcr away from foundation walls. The grade away from frnindation walls shEil] fall a min.imum of six inches within ihe f rst 10 feet. Exception: Wherc lot lines, wzills, slopes or ottter physical barriei•s prohibit six inches of fall within 10 feet, drains or swales sliall be providad to eusure drainilge away fi•om the structure. I lU.U9.O5.15O14H~}$A Erosion control. A. Slopes. The faees of eut and Fili siopes shall be prepared 3nd maintained to control erosion. This control tnay consist of effective planting. The protection for t.he slopes shall be installed as soon as practicable and prior to calling for final approval. Where cut slope.s are not subject ta erosion due to the ~ erosion-resistant character of the materials, such protection tTiay be omitted. S. Other Devices. Where neccssar_y, check dams, cribbing, riprap or other devices or methods sh311 be empioyed to control erosion and provicle safety. C. Other Requirements. The issuancc of a grading perrnit does not obviate or reduce Fedcral EPtI, Spokane Count)= air pollution control authority nr Wa.shington llepartment of EcoloLry regulations foe controlling pollulion or erosion by the applicant, the contractUr or the properiy owmer. D. Issuance. The buildi.ng official may require thal. grading operilicans and project designs be modified if delays occur which incur weather-generated problems not considered at the time the peruut was issued. "Che building official ma_y reyuire professianal inspection and tesiiug by a s4i1 enainecr. When the building official has cause to believe kbat geologic factors mav be involved, the graduig will be required to conform to engiueered gracling requirements. ( 10.09.05.160441-.-5-1-4A Grading fees. A. Gener►l. Fees shall be assessed in accordance with a resolution approved by the Spokane Valle.y city cotulcil. B. Ylan Revie«< Fec:s. When a plan or other ctata is requuect to be suUmitted, aplan review fee shtill be pnid at the timc of submitting plans and specifications for review. Sepzirate plan review fees shall apply to retaiJaing walls or major clrainage stnictures as required elsewhere in Lhis article. For cxcavat.ion and fi11 ou khe same site, ihe fee wili be based on the volume of.'exeavation or fili, whichever is great.er. C. Grading Permit Nces. Separate perniits and fc:es shall apply lo retaining walls or major di-ainage structures as required elsewbere in ttus article. There shall be no separacc charge for standard terrace drairis and similar facilities. I 10.09.6.1704-0:11.20 A Grading inspection. A. General. Grading operations for which a permit is required shall be subject to inspectioii by the r J~ building official. ~ F3.1'rofessional lnspection. Professional observatipn and testi►ic, to detEh-mine conformance witli project plaris and spccificalions ai'grading operations sball be provided by the professional engineer and/or the professiona] Qeologist retained to provide such scrviccs in Accordance witti SVMC 10.1 S.l 10 for ent►ineered gnading and as requirc3d by the building official f4r regular grading. Tbat individual shall be the registered design prnfessional in responsible charge. C. Professional Lngineer. The professional engincer shall provide professianal observatian and test:i.ng lo detemiine conformance with project plans and specifications witliin such engineer's arca of campeience, whicli shall include observation and review durina prepa.ration of the natui-al 91-ound, site graciing, place►nent of fill, testinQ for compaction as well as establishment of line, gracle and surface drainage of the development area. If actual wrork wiU difTer f.'rom the approved plans and reporis and revised plaus are required during the course of the work, they shall he prepared undee the direct supervision of t.he professional engineer aild submitted to the building official for review and approval pri0t' to an!' revised worl: corruilencing. D. Professional Geolotirist. The professional geologist shall provide professional observation and testing lo cletermine conformancc with projet;t plans and speciLcacions within sueh t;ngineer's area of technical specialty, which shall include professional observation atid testinc, of the bedr9ck excavalion to determiue if conditions encoutttered are in confornlance with the approved report. Revised recommendaLions relaCing to Candicions diFlering fram the tjpproved cng,'ineennb ge.ology rcport shall be submitted to the soiis enAineer. E. Permittee. The pemiittee shall be responsible for the work to be performed in accordance with the approved plans and specifcations and in c;onformitncc with the provisions oCthis article, and the permittee shall engagc consultants, if requirecl, to pravidc profcssianal inspc;ctians on a timely basis. The permittee shitll acc as a coordinator becween the consulEants, the contractor arid the building afficial. In the event of c}ianged conditions, the per►nittee shall be responsible for infortning the building ofFicial of such cliaclge atid sliall provide revised plans for appt-ova] prior to an}, revised work comrnencing. F. Building Official. Tlie building official shall inspect the projeci and/or the inspection docwnents at the various staaes of work requiring approval tn determine th<<t the projecl is within the requirements of this articlc. G. Notification of r'oncompliance. lf, in the course of fiilfilling their respective duties under this article, the desicrn professional in responsible charee fmds that the wrork is not in conforrnance with this article or the approvect gracfi.ng plans, the discrepancies sliall be reportetl imrnuliately in writinS to the pcmiittee nd to the building official. I-1. Transfer of Responsibility. lf the registereti design professional in responsible charge is changed during the execution af the Spokane Valley uadint permit, the work shall be stopped until the replacement has been named and bcen approvcd by the building official, rurcher, that replacement shall d,cgrce in writing to accept their responsihility within the area of technica) eompetcnca It shall be the duty af the percnittee to notify the building of~icial in writiuE of such chanee prior to the recommencemc;nt of such grading. ( 10.09.05.180 4-04-5-21•(! Completion of work. A. Final R.cports. UPon completion of lFtie rough grading work anci at: ttic; final completion of the work, the design professional ul responsible charge for engineerr_d grading or wlien professiona] observation anci testina to determine conformance wiih project plans and specifications is perfarrned for rcgul~3r gradiug, as applicable, stiall submit record plans and a final report. Those plaris and reports sball indicate: 1. ,Atl Drading work was done in cnnfomiance witli the approved plans. 2. All discrepancies eiicowitered with the apprnved plans and resolutions of those discrepancies. 3. All plans and reports shal] bear the stamp or seal of the licensed professional prepari.ng the repori. ~ I3. Notification of Completinn. The pemlittee shall notify the building official when the grading operat.ion is reiidy fc~r fmal inspcction. Final appraval shal] not bc given until all work, including installation of all drainage facilities a.nd their protective devices; and all erosion-coutral measures have been cornpleted in accordance with the final approved gracling plan; and the required fulal reporls have been subniitted to ~ Spokane Valley. ~ C. Vialations. Any work clone in violacion of any of the provisions of Chaptc;r 10.03-14 SV14C, Article I, I3uilding Cocle, that continues to remain in violation is declared to be a public nuisance. Chaptcr ~ 10.01.2010.4 SVMC, Article iH, Zoning Cacle Compliance is specifically cited to address those continuetl, unresolvul violations. I ` T ' . _ ' SPECIAL 70NES Atticle N14. Lnvirnnmental Regulations ~ 10.05.20.01(110.2+1:0}9 EnNironmcntal regulations. Pursuant to RCW 35A.1.1.020 and 35t1.12.140, the City adopts by reference the environmental orttinance effective NTovember 19; 2002 ("environmental regLilations"), whic}i is attached to the ordinanee eodi6ed in this article as Exhibit A and incoiporated by t.his reference as presently conscituu;d oi• hereiuafter amended as the environmental remilations ofithe City of Spoktme V.iiley. All references to "Spokaue County" or any other agency shall be construed to refer to tbe City of Spokiinc Valley. 4-0-2(3:{l--10 AdelAient het-hrivs. . . , i~tzeaA-'re t- . c~:fiea ,h:` . . validiiy;-en6areesbi i ' . ~ 40 : 1, zy;:;Zpt_ d b. ,.r.., - e: ■ n.2pt~~ . hAdf£9: IX4,e_ 41- g ~ , . - -~etrFs-he~in~; ol, _ ~~d~+-tkert~3eil ~N-iR•1•, ..ii -t, .,~~-E~~tea~a~-i►. g~.i tci , .bli..~. 'rrccrcccr-•'r3-=eict3-p142dl•tig: 10. . . btlFaEtff►tti-eopteS-6t3-fil£: -Rie eitv .,i_..i. ,.i ..g,.l„t: ~d~pt eedifi~~i-thi~ ~--i+ie6 'Rie-c;kipr . Gw-e€-5P&thft"i . keffee-m=itlir-Rie j31t3~i~47 !~h•19-flf; f}f3j!+e&i+t-fl!2@I-€48tN-NS" °rh" .i: r.,1:rE.a :t.: ,.r:..1e .,d -@t4MpE~.cai- i's"ith tiie&Ct..~_ D, `e e-f~eta-- d'te pt't3EeeE-ft . clr~'~~s~ ~ Articlc V& Shoreliiie Managcment Progr;tm I 10.05.25A.1 FA.2A:AEiA Shoreline master program flnd regulatic►ns. Pursuant to RC1NI 35A,11.020 aiid 35A.12.140. the City adopts by reference the Spok.ane County shoreline prog7tim wbich is attached to the ordinance codifiecl in this article as Exhibit A aud 'uicoiporated ~ herein by tlus refei-ence as presently consiituted or hereinafter amended as the inteiim shoreline pragriin and shoreline reeulations of the City of Spokane Valley. Unless the context ru{uires otbervvise, references to Spokane Caunty shall refer to t:he Cit:y oF Spokanc Valley. Rcferences to "director" or other county official sliall mean ihe city mwaeer or designee. -1-0... . _ f-ather-}fl•rvs: , . Gode, , izrle-t~f Ee~~•i$t~u+~ . ~ :~-ef , ;agmni, t~vii-sueh is-he reb~y _ . 10. . b bed"eti. T..7' tx4ent Ow-fi:he-sh e,.tof, >i-e.g.mE»-aaeehed4er+he-9'i.. _ a:r:,.d :.i „ ,.l:. _„r•,.r... heafing . , flie .~~i t~- e::Qneil tl . t. l , btiz . , .t. -.t e_. q, t t• t atiy . o ei, 1.; ,e: . . . , fltld-wEllettf-1'Pg4~-k?-V1"J3eEI?e3L@!T4^{rliH99~3~~e~1fhl-@K3~i=i~3fli~C-~~-t~j~f~-~~ ~ 10.05.25A2010.--70.090 Shoreline program - Copies on file. The city clerk, is to maintain one copy on iile of the shoreline master proeram with amendments adopted by the ordinance codified in tJiis article. 44-20-41){3-ininfiik4v- ~'-1►e-"pre-.1- .11 -e€-i ~ i . ' 'rhe . 1lianee m-ith-E'r-e . o . , i `ftpi~ antd their agenEs. -r►. e ei-dinattee .,i ; 1.0 ` . . f. ` • ~ Article \%-.M. Critical Areas I 10.05.20.01040.20.110 Inlerim critical areas rebulations. Pursurint to RCW 35A.11.020 and 35A.12J40, the Ciry adnpts by refererice Chapter 11.20, entitled the "Critical Areas," of the Spokane County Code ("critical areas regulatiAns"), which is attached to the ardinance codified in this article as Exhibit A and incorporated by ihis refercnce as ehough set forih in t'ull. A.l] referenees to Spokane County in Chapter 11.20 shall be construed to refet• to the City of Spokane Valley. ''.'.-n.:.1.29 Gr-it+eRl-ar-e~.s--4c~a~hion-t►~ccrt~rin-ot-I~e~~i~►r-s: "''e 'lm'c2t".' °.tc-rr--iiiri--izii}'-j3:vTrstfl±l-ef fiTe spokt@-C-Eil3ttt~i-C-tat~e-Oil8i'; „tl,e••t,,•,• ..••le „ a gale•:~.•, 1; 1•Cfel`vl . - _ bE) ,.b,:,.,.. .ti., ~ _ s~~-p}~E►z~s~e~-E~=~~~~r~ Gaun~y Gode, , i -E~re~iy-a~lagted-by -N1~-311-Cr~ea#-~~icAS-Relet=et~ b bodies. V~=~ter~-t~j?-~±-}c ~~rre~ ~ . • - beftfd a H4lD'-ti~fli~fITZ1'-@!1'-fMl~'-l3~ItZl;:~itN-tlfr •rl~ _ .l, .,l, . .i i. Felants-+12~-th4-tErcg l~ie.~t-ei~y-~~r-re-e~d-v~i•~t~t+t f • ' fl. O • t1 J .0-E-}'t6eftl-fYFE'ttS--C-Ajiic^s on filc e-~ogn'-o~~c#e-~C~ie-er-i~e*:►d-~tr•e~~e~~•l~t~t~tts-~t~~~t~~-1~~-tl~~~i~teEtee , i Ht~fflifra .I-. ..~:..1:_.. eedAe„J ift i" 4,4:3.0-1-541Gr-it-iettl-ar-eas--Ininb't4'tty: 'Ri . . , . F.ON-'r;ian::-of flris-s+~t' . ~ li-t~ie pefmiii. ap#rl~ie~t~-i-wicr4 _ i . G: . . ice-eadi-fied iti-t-iiis-ta 4e-ar2d-iE~fER--e:jens-ore-adopte~! Nvi-tl3-O,ie-e. - ' t~ed-tl~e-l~etrl~stf;eEy-, ftr~d welf$3.., ..c,t,. .,t 3,~l~t' . . i ~ 10.05.20.02444-.244-60 lnterim critical areAS map(s). Pursuant to RCW 35A.11.020 and 35A.1 4.140, the City adopts by reference the Spokane County "critical areas map(s)" which is attached to the ordinance codified in this arlicle as Exhibit A and incorpnrated by this reference. Unless the ccantext requires otherwise, references to Spokarie County shall be constnaed to mean thc Cit.), of Spokane Valley. 10.20-1. hr".S. . n,..a.., ,.rl.e,. i.,.,. o ~I°egtl.lfitiofl . . i;zrarvileed it) .4i~r}-afeti s m ap(s)-attaehe., ,l. -.ai4tec~rr~jif+ie1_ 11 ee!31k1e..e61, .....b,:sh the -o. fifevis-ieft oF the gfyak-ene-C=auniy-Gede-er-e~ket-3zt .le _ ~ . ' reb}--e&'..; `°r.... a~e-beFker VWie ' ' . 's' r ' • . ing-eo» bettfd f , lieei-iii arfi»y efl2er=gtiiriIar-~. thec-~+fi~-eoe~:elcja „n .h tEt `f.,bl:`', Hity'~~e of s:,,_h b, r7: 't_ .1, ut r.cg..«,1 f.-. V^fYCiY'tC3~'T~'(~ . . . . ~777ifiti'e!- is tf'u'•' 11e••~ 10.20490 G..;r:,, pECS-en-Mez , e,~_a. my ~F~-ie-~4iff . '~tl389j(SE @Ed:r.ea .h: a.,:,.Io 440-4400-C-rif3etrl-ttfettq H+tTp(s)--b't fl~Hi Ftiy. _-np1ianze '+t :Fhe ► - ~-~►~c . ' A_-q1-a" _ •he-pe44fti•t-apprreftaifflfl-`meif- agent::-:Pie-efEl~rniftr2ee-eeck~'red ,z~;e,~t;e-erie~-iE;e-edt~pted-vr-:`'~ibe ~~~ea~e~~.~t~ ea--:~t,~4~~ ~4fff d elft. . . ' • ffks-er- ( "..~-e V-.Title 9 Chaptcr 9.1-5 Commute Trip Reduction ~ 9.15.O1Q' ".~~''~".o Purposc and intent. The puipose and intent of this ii1l.icle is to comply with the requi.rements of Chapter 70.94 ItCW regarding reduction of commuie trips. ~ 9.15.02030.29.22$ Definitions. For the purpose of tlus article, the following defiiutions shall apply i.n the interpretation and enforcement of this article: ~ "Affected empleyc;t;" mcans a full-time employce who beeins his or her regt►lat• work day at a siuale worksite behveen 6:00 a.m. and 9,00 a.m. (inclusive) oa two or more weekdays for at least 12 continuous months. Seasonal agricultural employees, ir►clucling sessqnal employccs o1'procCSSnrS of agricultural produccs, are excluded from the count of affected employees. "Af:Tected employer" means an employer tt►aE employs 100 or more full-lime emplayees at a single «<orksite who are scheduled to begin their regular work day benveen 6:00 a.m. and 9:00 a.m. (inclusive) on weekdays for at least 12 continuous months. Construction worl:sites, when the expected dutmtion of the constniction is less tban two years, v-e excluded from tlus definition. (Also see definition of cmplpyer.") "Alternative rnode" meaais any meatis of coinmute transportation Qtlier than that in which the single- occupant motor vehicle is the dominant mode, including telecommuting aud compressed work weeks if they resulc in reducin5 commu[e trips. "A]ternakive work sehedules" rnean programs such as compressed worl: weeks that. elimi»ate work t.rips for affected employees. "13ase year" means the period on which gnals for vehicle miles traveled (VM1) per employee and proportion af single-occupant vehiele (SOV) crips shall be based. "Carpool" means a motor vehicle occupiecl by two to six people kraveling togethcr for their commutc irip that results in the reduction of a tninimum of otie motor vehicle conimute trip. "Commute hips" mean trips made from a worker's home to a worksitc with a regularly schetluled arrival time of 6:00 a.m. to 9:00 a.m. (inclusive) on weekdays. "Commuter matching service" means a system that assists in matching commuters for the nurpose of eommuting togelher. "Compressed work week" means an alternative work schedule, i.n accordance with employer policy, that rcgularly aUows a full-time emplo}ree to eliminate at least one work day every two weeks by woi•l:ing ~ longer hours duri»g the remainiug days, resulting iu fewer commute trips by the employee. This o defiaition is pruuarily intencied to include wi;ckly and biweel:ly arrangements, the mosi hpical being four 10-hour days or 30 hours in ni.ne ciays, but may also i»clude other arranQements. "CTR plan" cne.3ns Spoka»e Valley's plan and ordinance to regulate and administer the C"I'R programs of affected eniployers within its ju.risdiction. "CTR program" means an employer's strategies to reduce affected E`mployees' SOV use and NrN1T per employee. "CTK zone" meiins an itrGa, such as a eensus cract or combinat.ion of census tracr.s, w7i.Yllil 8 C1CY characterized by si►nilar eniployment density, population density, level of transit service, parking availability, access to lugh oceupaney vehic:le facilities, ancl othcr faccars that are determined [o afFect the level of SOV commuting. "Custom bus/buspool" means a commuter bus service arranged specifically to transport employees to work. "Dominant alode" means the mode of travel used for the greatest distance of a commtite trip, "Employer" means a sole propi°ietorship, partnership, corpoi-ation, unincorporated associatio», cooperative, joint vetiture, agency, department, districL or other indi-Odual or entity, whether public, nonprofit, or private, that cmploys workers. "Fxemption" meatas awaiver from any or all CTR prooraui requii-ements gr3nted to an employer by a city bascd on unique enncjitions that apply to the employer or employment site. "Flex-time" means an employer policy allowing individual employecs samc flexibility in choosing the timc, bui. not the number, ot t}ieir working hours to facilitate the use of alternative modes. "Full-time employee" means a person, oiher ihw an inciependent contractor, scheduled to be employed on a continuous basis for 52 weeks Cor an averagr; of at leasi 35 hours per wcxk. "Goocl faith cfforl" means t1iat an eznployer lias met ihe ►ninimum requireinents identitied in RCW ( ~1 70.94.531 ancl this article, and is working collaboratively x1vith Spokane Valley to conkinue its ea.isti.ng CTR program or is developing a3id implementing program modifications likely to result in improvements to its C`I'!t program over an ag7eed-upon length of time. "1.mplementation" means active pursuit by an employer of the CTR. gnals of ItCW 70.94.521 tlarough 70.94.551 and this article as eviclenced by appoiniment of a transportation coorclinaior, distribution ~ of information to employEes regarding altematives to SUV commutinD, and commeiicement of oxber measures according to its approved CTR program and schetlule. "Mode" means the meaiis of ti-ansportai_ion used by emplc,yees, such as single-occupztnt mot.or vehicle, rideshare veliicle (carpool, vanpool), transit, ferry, bicYcle, walking, compresstd work schedule and teleconunuting. "Notice" means written coMmunication delivered via lhe United States Postal Senice witb receipt dcemed accepted three days following the day on which the notice was depositetl witb the Postal Service utiless the thirct ciay falls on a weekend or legal lioliday: in which case: the notice is deemed accept.cct the day afl.c:r the weekend or lcgal haliday. "Peak period" means the hours from 6:00 a.m. t.o 9:00 a.m. (inclusive), Monday throu;h Friday, except legal holidays. "Peak period trip" means any employee lrip that clelivers the employee to begin his or her regular workday beriveen 6:00 a.m. and 9:00 a.m. (inelusive), Monday through Friday, exccpt legal holidays. "Proportion of siuLle-oc:cupant vehiele trips" or "50V rate" means the number of eommute irips over a set period made by affecied employees in SOVs divided by tbe niunber of gotential trirs taken by affected employees working duruie that perind. "Single-occupant vehielc: (SOV)" meaus a motor vetiicle pecupied by one employee for commute putposes, inclucling a motorcycle. "Single-oecupant vehicle (SONr) trips" means commute irips rnade b}, affected employees in SOVs. "Single worksite" means a building or eroup of builditigs on pUysically contigtious parcels of fand or on . parcels separated solely by private or public roadways or rights-of-way occupied by one or more affected employers. "Telecommuting" mcans ttie use of telephones, computers, or otlier similar technology to percnit an employee [o work from liome; eluninating a commute trip, or to work from a workplace closer to home, reducing the distance traveled in a commute trip by at least half. "'rransit" means a multiple-occupant vebic1e operated on for-hire, shared-ride basis, including bus, ferry, rail, shared-ride taxi, shuttle bus, or vanpool. A transit trip counts as zero vehicle trips. "Transportation demand manapement (°1MIv1)" means a broad range of strategies that are primarily intended to reduce and reshape demand on the ti-anspori-alion syslem. "Transportatioii management arganizaiion (`I'm0)" means a&,roup of employers or an associacion representing a graup of employers in a defined geographic area. A TT40 niay represent employers within spf;cific city limits or may have a sphere qf influence that extends beyond ciry limits. "Vanpool" mcans a vehicle occupied by from seven to 15 people traveluie togeiher for their commute trip that. results in the reduction of a rninimuin of one mot.or vehicle trip. A vanpool trip counts as zero vehicle trips. "Vehicle miles traveled (Vi1r1:7) per employee" means thc sum osthe iridividual vehicle commutc i.rip lengths in nules rnade by affected employees over a set period divided by the numh4r of affected cmployees during that pcriod. "Week" means a seven-day calendar periott slariing on Monday and continuing through Sunday. "Weekday" means any day of the week except Sat:urday or Sunday. "Writing," "writteri," or "Lll Wf11lIIg't means original signed and dated documents. Facsimile (fa?:) transmissions are a temporary notice of action that must be follawcd by the original signed ajid dated document via mail or delivery. I 9.15.03040.20.23 N. City CTI7 plan. The City's CTFt plan set forlh in .qttachment A of the ordinance codi_f ed in tiiis article is wholly incorporated herein by reference. I 4-09.15.040.20.240 Responsible City depsirtinent. ~ ?2ae cit}, manager shall dcsi&-naLe chc: City depariment responsible for iinplementing this article, the C'T:K plan, and the Spokane Valley C I'R progrwi. ln the altemative, the City may enter into an interlocal agreement witli Spokane County tvhereby Spol:ane County would implement a City CTR plan a.nd CTR program. ~ y.15.f15f14(1.39:?~.+9 Applicability. The provisipns of ihis article shall apply to an}1 affected employer at any single worksite withirl the corporate limits of the City of Spokane Valley, Washington. A. Nacification of Applicability. l. T.n aclcii(ion co Spokane Valley's establishut public notification for adoption of an ordinance; a notice of availabilit), of a summary of ttie ordinarlce codified in this article, a notice of the requirements and criteria for affecteti emplnyers to comply with this article, and subsequent revisions shall be puhlisEied at least onee in Spokanc Valley's official newspaper not more ihiw 30 days after passaoe of the ordinance eodified in this artiele or revisions. 2. Aftected employers located in Spokane VaUey are to i-eceive written notification that they arr: subjeci to this ariicle. Such notice shall be addressed to the compauy's chief eaecutive officer, senior offieial, or CTR manager at thc worksite. Such notif aitian shall be at least 180 days prior to the due date for submittal of iheir CTR program. 3. Affected employers that, for whatever reason, do not receive notice within 30 days of passage of the ordinance cod.ified in this article and are either nocified or identify themselves to the City within 180 days of lhe passage of the ordinanec codified in this ariicle will be granted an cxtension to assure up to 1 SO daVS within which to develqp and submit a CTR pro;racn_ 4. Once an affected employer has been notified by the agency implementuig the CI'R plan and CTR. program, the affedecl employer shall bave 180 days t.o submit a compliant C'1R pragram to the icnplernenting a.ency. raiture to do so will be considered a violation of This art.icle. 13. Nlew Affected Employers. Employers that meet the definition of "affected employer" u1 this article must identify themselves to Spokane Valley within 180 days of either moving into the boundaries of the CiYy or g7owint in employment ai a worksitc to 100 or more atTected employces. Such employers shall be given un to 180 days [o develop and submit a CTR. proDram. New affecteci employers that. do not. identify tbemGelves wit.hi.n 180 days are in violatiori of ihis article. iNew afifect.ed employers shall have cwu ycars to rneet the first CTR goal of a 15 percent reduction in proportion of single-occupani vehicle trips or vehicle miles traveled per person; four years to meet the second goal of a 20 percent reduction; six years to rneet the third goal of a 25 percent reduction; and 12 years to meet. the fourth goal of a 35 percent reduction, &om the time they begin their prof-Tam. C. Change in Status as an Affected Emplower. Any of the followino chaiiges in an emploYer`s status will ctiange the employer's CTlt program requirements: 1. If an employer initially designated as an affected employer no ]qnger employs 100 or more affectc;d cmployr,es and expects not to cmplc,y 100 or more affected emplnyees for the neat 12 months; that employer is no loii;er an affected employer. It is the responsihility of t11e employer t.u notify Spokxne Valley that it is no IonLer an affectcd employer. 2. Tf the same emplAyer retunas to the level of 100 or more afiected employces within t.hc same 12 mnnchs, that employer will be considered an affected employer for tbe entire 12 montlis and will be subjc:ct to the same program requircmcn[s as ocher affected employers. 3. If'the same ecnploYer returns to ttle level of 100 ar more affecled employees 12 or more monilis after its chanae in status to ali "unaffecterl" ecuployer, that employer shall be treated as a new affeclut emplayer and will be subject ta 1he same pragram requirements as nther new affected employers. 9.15.060.10.30.26 A Requirements for euiployers. An affeeied employer is required tc~ make a good faitli enort, as cleFined in RGVI' 70.94.534(2) ancl this article, to develop and inplement a C'1`R program thai will encourage its employees to reduce VMT per is employee and SOV commuie trlps. 1'he employer shall submit a description of its pragram to Spokane Valley and provide an annual progress report to Spokalie Valley on employee comrnuting and prog7css ~ toward meetina the 50V goals. Ttie CTR pragram cnust include the mandatory elemenis as describetl below. A. CTR Frogram llesc:ription Requirements. The C1`R program clescription presentc the strategies to be undertaken by an employer t.o achieve the comcnute trip reduction goals for each goal year. Employers are cncouraged to consider innnvalive straiegies aud cnmbine prograni elemen~.~ in a rnanner that will best suit their locatioq site characteristics, busint;ss rype, and employees' commuting neecls. Fmployers are furiher encouraged to cooperate with each other and to form or use transpnriiit.ion management or5ani2ations in developing and impletr►enlinL C 1'R prog-ams. At a ininimum, the employcr's description mu.5t iclelude: 1_ A generiil descriptiou of the employmeni site locat.ion, transpor[ation character-istics, wd surrounding services, including unique conditious experienced by the employer or its employees; 2. Number of employees affieted by the CTR program; 3. Documcntation of compliance wilh the mandatoiy C'I°R program elements (as descrrbed in subsection ]3 of this sectiori); 4. Taescription of the adrJiCional elements inclucicd in the CTR program (as described in subsection B of this section); and 5. Schcdule of irnplementation, assignment of responsibilities, and comrnitment to provide appropriate resources. B. T4andatory Program El=ents. Lach employer's CTR program shall include the followin; mandatory elernents: 1. Transportation Coordinator. 'fhe employer shall designate a transportation coordinator Io administer the CTR program. The coordinator's and/or designiee's name, location, and telephonc nurnber must be displayed promincnkly at each affectetl worksite. Tlle coordinator shall oversee all eletnents ofi the einployer's C1R protram and act as liaison betvveen the employer and Spokanc Valley. The objective is to Iiave an effective transportation eoorcli.nat.or presence at etich worksite; an affected employer with multiple sites may have one transportation coordinator for all sites. 2. Information Distribution. lnfarmation about altemativ<;s ta SOV commuti.ng shall be provided to employees ac least once a yciir. Each employer's program description and vmual repori musl reporc the information to be distributecl and the method of d'►stribution. 3. :A=ual Pmgm:ss Report. The CTR pragram must include an amnual review of cmployee commuting and progress, as wcll as go4d faith efforts toward meeting the SOV reduction goals. Affected employers shall file an annual progress report with Spokane Valley in accordance witb the forrnat establishett by this article and consistent witll the C1.CZ. task foree guideliiies. The report shall describe each of the CTR measures that were in effect. for the previous year, the results of any rdmmuter surveys undertaken during the yeu, anc! I.he number of emplayu:s pariicipating in CTR programs. Within the report, the employcr stsould evaluate the effectiveness of the CTIt proam and, if necessary, propose cnodifications to achieve the CTR goals. Survey inforcnation or approved alternative infomtiition mus1, be provided in the reporis submitied in the seconcl, iourth, siath, eighth, tenth, iinct twelft.h years after implernentation begins. The employer should contact the City of Spakane Valley for t.he format of the eeport. 4. Addiiional Program Elcments. In addition tU the specific program elements described above, the cmployer's C1'lt program shall include addilional elemenis as needed to meet C1'R goals. Elements may include, but itn not limited to, one or more of the followulb: a. 11'rovision of preferentiai parking or redueed parl:ing chari;es, or both, for }ugh-occupancy vehicles; b.lnstituting or increasing parking cliarges for SOVs; , c. Pa•ovision of commu#er ride-matching services to facilitate employee ride-sharing for commutc t.rips; ~ ~ d. Fr•ovision of subsidies for trmisil fitres; c. Provision of vans for vanpools; f. Pravision caf subsidies for carpools or vanpoals; 2. Perniitting the use of the emplayer's vehicles for carpooluig or vanpooling; h. Perniitting flexible work schedules to facilitate ernployees' use of transit, carpAOls, or vanpoals; i. Cooperatian with transporLation pmviders to provide additional regular or cxpress service to the worksite; j. Conslrut;tidn of special loac3ing and un]oacling facilit.ies for transit, c;arpool, and vanpobl users; k. I'rovision nf bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work; l. Provision of a program of parking incentives such as a rebate for einployees who d4 not use the parking facilities; m. F'-stablishment of a proocam to permit emUlnyees to work part- or fiill-time at home or at an altemative worksite closer to their homes; n. Establishment of a program of altcmative work schedules, such as a compresscd work week which reduces commuGing; and o. Implementation of ottier measures designed to facilitate the use of high-occupancy vehicles, sucil as on-site day care facilities and emergeucy taxi services. in in ~~n 9.15.07~n~.o Record keeping. Affected employers shall include a list of flie records they will keep as pari of the C"1'k prograrn they submit to Spokime Vallry for approval. EmploYers will rnaintain all records lisiecl i.n their CTR program for a ruiv.i.mum of 24 months. Spokane Valley and the employer shall agree on the recqrd keeping requirements as part of the accepied C"I'R program. ~ 9.15.0804-0.20.280 Sr.hedu.le and prueess for CTR reports. A. CTR Proexam. Not more than 1 SO days after the adoption of the ordinance codified in this article, or wilhin six mont.hs after an employer qualifies under the provisions of this article, the emplo_yer sliall develop a CTR program and shall submit to Spokane Valley a ctescription of that program for review. B. Doctrment Keview. Spokane Valley shall provide the employer with written nolification if a CTR proeram is deemed unacceptable. The notificatiou must give cause for any rejection. If the employer receives no written notification of extension of the review period of its GTR progrjm or comment on the CTR progrwn or annual repori wichin 90 clays of submission, the employer's progmam or ttnnual report is deemecl accepceci. Spokane Valley may extend the review period up tp 90 days. The implementation date for the employer's CTR program will be extended an equivalent number of days. C. CTR Annual Progress Reports. Upon review of an employer's icutia] CTR program, Spokaiie Valley sliall establish the employer's annual reporting datc, wbich shzill noc bc less than 12 mouths &om the day the program is submi[tc:d. Fach yc.:ir on the employer's reporting date, the employer shall suhrnit to Spokane Valley its annual C"1'K report. D. A9odi6cation of CTR Program rlements. Any affected ernployee cnay submit a request t4 Spokane Valley for modiFication of CTR prng7am clemen[s, othcr than the mand.itory clcmencs specifiecl in this articlc, including record keepitzg requirements. Such request rnay be granted if one of the followi»g conditions exists: 1. '1"he employer can demonstrate it woul(i be unt3ble to comply with the GTR proRram elements for reasons beyond the control of Lbe Employer; or 2. The employcr can demonstrate thai compliance Nvith the prograrn elements would const.itute an unclue hardship. This ma}, inclucle evidence f.rom ernployee surveys administered at the worksite: f~rsc: ui the base year, showing that the employer's own base year values of VbIT per employee and SOV ratcs were hi;ile.r tiian the. CTR zone average; and/or seconctly; in the Qoal measurement year(s), showing that the employer has achieved reductions from its awn Uas.e vtilues that are comparable t.o the reduction goals establislled for the employer's CTR zone. E. Extensions. An employer ma}r request addilional time to submil a CTR prooram or CTR annua] ~ progress report, or to implement or moclify a progr•an. Sucb ri;quests shall be via wrrtten notice at least 30 clays before the due clate for which tlie extecision is bcing requested. Extensions nat io exceed 90 days shall be considered for reasanable causes. Spokane Valley shall grant or deny the eiuployer's extension request by written noiice within 10 working days of its receipt of the ea-tension request. If there is no respon.ec issued to the emplnyer, an extension is .iutomatical]y granted for 30 da_ys. Extensions shall not exempt an emplnycsr from any responsibility in meeting prograrn goals. Extensinns granted due to delays or difficulties with any program element(s) shall not be cause for discontinuing or f'ailing to irnplement other pragram eiements. An employer's annual reporting date shall not. be adjusted permanently as a rc:sult af tllese extensions. A» employcr's arinual reporting daCe may be extended at the cliscretion of the director of the implement.ing aoency, or his or her desitimuc. F. Implemenuition of T'cnployer's CTR Prograin. Unless cxtensions are granted, the employer shal] implement its approved C'I'R prngam nat more than 180 clays after the program was rirst submit.tetl lo Spokane Valley. Inlplementation of the approveci rrogram modifica[ions shall begin witliiil 30 days of the Final decision or 180 c3ays from submission of the CTR progam or CTR acinual report, whichever is greater. I 9.15.090"'.'_ ~-0.29; Credit for transportation demand management cfforts. A. LcR:idership Certificate. As public recognition for their efforts, employers with NWT per employee and prnportion of SOV trips lower than the znne average will receive a commute trip reduction certificate of leadership from Spnkane Valley. B. Credit for Prauarns lmplemented Prior to the Base I'ear. rniployers with successful TDVI programs iinplemented prior to the base year may be eligiblc to apply for program exemption cre;clit, which exempts them frocn niost program requirements. Affected employers wishi.ng to receive credit foi• the results of exisiing TDM efforis may do so by applyinQ to Spokwe Valley within 90 days af the adoption of the ordinauce eoclified in this article. Application shall include data from a survey of employees or eyuivalent to c:stablish the applicant's VMT per emplaYee and proportion of SOV t.rips. The survey or equivalent data shall conform to all applicable standards establishcd in the CTR task force a iidelines. T'he employer shall be considered to have met. the first measurement goals if their VIvIT per employee and proportion of SOV trips are equivalent to a 12 percent or t7eater reduction from the final base vear CTR zvne values. 1`his three percentage point credit applics nn..ly Lo the first measurement goals. C. Program Exemption Credit. Affected eYnployers naay apply for program exemption credit for the resulLs of past or carrent Tl7M efforts by applying to Spokane Vallev with.i.n 90 d:iys af adaption of the applicable C ik ordinance, or as parl of auy aiuiual rePbn. Anplication shall include results from a survey of employees, or equivalenl information thal establishes the applicant's VN![T per employee and proportion of SOV trips. The survr:y or equivalenl information shall conform to a11 appl.icablc stajidards establislled in the C77R. task force guidelines. Employers thal apply for credit and whose VM1' per employec and proportion of SQV irips are equat to or less thw goals for onc or more future paal years, and ccammit in writina to continue thcir curreiit level of effori, shall be exempt from the requiremenls af lhis article except ft~r the requirements to report perfarmance in the mea.surernent years (SVMC 10.20.250($)). If any of these reports indicate the employei• does not satisfy the next applicabli; goal(s), the employer shall unmediately become subject to all requirements of this article. I 9.1$.l0(14•1;62{1.30N Enforcement. A. Compliance. For ptirposes of this scction, compliance shal] mean fuliy implernenting in good faith all provisions in an approved CTR program. B. Program Modification Criteria. The following crit.eria for achieving goals for VMI` per cmployce and proportion of SOV trips shall be applied in det.ennining requirements for employer CTR prograrn modifications: l. I.f an emplaycr meets eitbcr or both goals, the emplnyer has satisfed the oUjectives of the CI`R plan and will not be required to modify iis C7'R proo am. 2. J_f r:n emplpyer mak<:;s agaod faitli effon., as de6ned in RGV1% 70.94.534(3) and t.his article; but has not met or is not likely to meet the applicabie SOV or VM'C ooal, the City shail work collabAratively with the empla_yer to make modificatians to its CTR program. After agreeine on modifications, the eniployer shall submit a rewised C7`R protiTram description to the City for appr4va1 within 30 days of rGachint agreemcnt. 3. If an emp]oyer fails to make a good faith effort as defined in RCW 70.94.534(2) and th_is article, and fails to meet the applicable SOV or VIVl`I reduction goal, Spo}:ane Valley shall work collaborittively with the employer lo identify modif eations to the CTR_ program and shall direct t.6e c;mployer to revise its proDrarn within 30 days [o inearporate the tnodificatiorls. In response t-o the recommended modifications, the empioyer siiall submit a revised C'I'R program descripiion, including the requested modificakions or equivalent ineasures, within 30 days of receivuig written notice to revise its program. Spol:ane Valley shall review the revisions and notify the employer af acceptance ar rejection of ttze revised program. ]f a revised program is not accepted; Sgakane Valley will send written notice to that effect to the employer within 30 days ancl, if neccssary, requi.re t}ae empioyer to attencl a eonferenee with program review st<iff for lhe purpose of reaching a consensus on the required program. A final decision on the required program will be issued in writing b}r Spokane Valley within 10 working days of the conference. C. Violzitiems. Thc following constitute violations if the deadlines established in tlus article are not met: 1. Failure to develop and/or submit on lime a complete CTR. pmgram, including: a. Employcrs notified or that }aave identified themselves to Spokane Valley within 180 days of the ordi.nance cadified in this article being adopted and that dn not subnut a CTR prngram wichin ~ 180 days from the notification or self-identification; 2. Failure io implement an approved CTR program: unless the protram elements that are carried out can be s1lown tlimugh quantifiable evidence to meet dr e.ceeecl VNTT and SOV goals as speei6ed in this 3rticle; 3. Failure ta make a bood f'aith effort, as defined in RCW 70.94.534 and tlus article; or 4. Failure to revise a CTR. prooram as defined in 1tCW 70.94.534(4) and this article. D. Penalties. 1. No affected employer with an approved CTR prop ain which bas made agood faiih efifort. may bc- helci liable for fai)ure to reach the applicable SOV or VMT goal. 2. Fach day of failure to implement tbe progriun shall constitute a separate vinlation, subject to penaliics as described in Chanter 7.80 FtCtiV. Spokane Valley shall adopt a schedule of civil monetary penalties by separate resolution. 3. An affecied emploYei• shall not be liaUle f'or civil penalties if failure to implement an element of a CTR prngram was the result of an inabiLity to reach agreement wiih a certifiecl collective bargaining agcnt. under applicable laws where the issue was raised by the employer wd pursiaed in good faith. Unioiiized employers shall be presumed lo act in good faith compliance if they: a. Pmpose to a recognized union any provisinn oT ihe employer's CTR program that is subject to bargaininS as ctcfinccl by ihe National I..abor Relations Act; and b. Advise the union of the ca:istence of the statuce and t.he mandates of the CTR program approved by Spokane Valley and advise the union tlia[ the proposal beinb made is necessary for compliance wi[h sttjte law (RCW 70.94.531) ( 9.15.11.044-?0-n-i-PA rxcmptions and goal mndifications. A. Worksite Eaemptions. An affected employer may request Spokane Valley to grani au exempiion from ~ all CTR program requirements or penalties for a particuliir wnrksite. The employer nlust demonstrate ihat it would experience undue hardsliip in coanplying with the reqeiirements of this article as a result of the cllaracteriscics of its business, its work foree, or its loeation(s). An execnption may be graFlted if'the aflect.ed employer clemonstrates that it faces exiraordinary circ«rns[ances, suctt as banl:rupecy, and is unable to implernent any measures that coul<1 reduce the proporl_ion of 50V trips ancl VMT per employee. Exemptions may be ~rante:d by Spokane ~~alley at any timc based on written nc~[ice pro~~ided by the afFeet.ed employer, TEie notice shauld clearly explain t.t►e conditions fcir wbieh the affected enjployer is seeking an exempiion from the requirements af the CTR program. Spokane Valley shall revicw annually all employers receiving exemptions; and shall determine wbeiher the exemption will he in efi'eci durulg the following program year. B. Cmployee .F.xemptions. Specific employees or groups of employccs wha are required to ctrive alone to work as a condiiion of employment may be exernpted from a worksiie`s C I"R pro,~7am. Exemptions may also be granted for employees who work variable shifts throu;hout the yeir ancl wb0 d4 nAi rotate as a group to identical shifts. Spokane. Valley will usc the criteria identified in ttie CTR task force guidelines to assess the validity of e,•mployee exemptian requests. Spokane Valley s}iall review annually all emplayee exemption requests, an(j sha11 de#ennine whet_ber ttle exemptian wi.ll be ici effect durint! the fallowing prag7arn year. C. vlodification of CTR I'rogr3m Goals. 1. An affected employer may retlues[ that Spokane Valley modi.fy its C1'R projram goals. Such requests shall be filed i3i writing at least. 60 days prior tn the clate the worksite is required Co submit. its program description or annual repoM. 7'he gna] modification request musl clearly explain wlry the worksite is unablc to achieve the applicable goal. "I'he worksite must also dealonstrate that it has irnplemenlul all of the elements contained in its approved CTR program. 2. Spokane Valley will review and grant or cien_y requests for goal modifications in accordance with prcic;eclures and criteria identified i.n the C'TR task force guidelules. An employer may not request a modiFicat.ion of the applicable goals unti.l one ye;ar after City approval of its i.nitial program description or anuual report. ~ ).15.1204$40:324) Appeals. ~ _..J Any affec[ut employer may appeal administrative cteeisioFis regarduig exemptions, mocli.f.ieation of goals, CTR pro;ram elements, and violations and penalties fo the designatut hearing examiner. Appeals shall be filed within 15 worl:ing days of the administrative ticcision. .411 appeals shall be filed witli the city clerk at 11707 rast Sprague, Suite 106, Spokane Valley, WA; 99206. If the City contracts with Spokane Counry to administer the CI'It plan and prc~gram, the City will transmit any appeal to the clerk of the board of county commissioners of Spokaue County, which will process the appeal pursuant to cstablishec3 procedures. A11 aPpeals shall be in writing and must specify the decisian being appealed as weU as ibe speeific basis for the appeal. SPECI.A.L 70NES Article N' A4-Floodplain _E[azarcl Areas I 10.115.111.01?9330 -Pttr-pr►se. Floud Plaing, Hazard Furnosc• In order to L'unil flood datnages and assuciated losses, the C''ity provides for the follo«<iug: A. Restrict.ing or prollibiting uses which are dangcrous to health, safety, and property due to tivater• or erosion hazards, or «<luch resull i.n damaging increases in erosion or in flood hcights or velocities; B. Kecjuiring that uses vulnerable to floods, inc:luding facilities which serve such uses, be protected against ilood damage at the #ime of initial eonstruction; C. Controlling the alteration qf natural floodplains, stream channcls, and natural protective barrieis whicb help accommodate or channel tloodwaters; D. Controlling f lline, grading, dreclging, and other development w}iich rnay increase flood damage; and E. Preventing or reiulat.ino the constnictiOn of flood barriers wluch will unnaturally divert floodwaters or may increasc flood liazards in other areas. 10.05.01.022(1.~4(1 Definitioris. lJnless specificall}, deFined below, words or phrases used in this article shall be interpreted so as to give ihem the mean.ing t6ey have in common usane anct to give tliis an-icle its most reasonable -3pplication. "Elppeal" means a request for a review of the inteipretation of any provision of this article or a request for a variance. "Area of shallow Floodina" means a designaled AO or AH -r~ne on the Flo4d Insurance Rate Map (NLltM) and which has the following chai-acteristics: A. The base ilood depths range fmm one to t.hree fieet.; B. A clearly defined channel does not exist; C. The path of flooding is unpredictable and 'uldetemiinate; and D. Velocity flow may be evident. AO is char-acterizext as sheet Ilow ancl AH indioates pnnding. "An;a of special flood ha2ard" means the land in the floodplai.n within a community subject to a one pcrcent or greater ehance of flooding i.n any givcn year. Designation oii maps always inciudes the let.ters A or V. "Bass flood" means the flood having a one percent chance of being equaled or exceuled in iiny given year, l•Llso rcferned to as the "100-year flood." Designation on rnaps always includes the lettets A or V. "13asement" means any area of the bttilding havuig its floor subgmde (belnw ,r~round levcl) an all sides. "Breakavvay wall" means a wall that is not part of the structural suppori of the building and is intended through its design and c:onstruclion to collapse under speciic lateral loading forces, «<ithout causing damabe to the clevated poriion of the building or supparting foundation system. "Critical facility" means a facilinr for whicU even a slight chance o!' flooding might be tao great. Crilical facilities ilaclude, hut are not limited to, scliools, nursing homes; bospitals, police; fire and etnergency response installations, and installations wlueh produce, usc or store hazarclous mattrials or hazardous waste. "Development" means any manmade change to improved or uniniproved real estate, including Uut iiot litnited to buildinos or other structures, mining, drec3ging, filling; g7acling, paving, excavation or drillittg operations or storaee nf equipment or materittls located within t.he area of special flood liazard. "Elevat.ed builcling" means, Por iiasurarice purposes, a nonbasement building wluch has its lowest elevated floor raised abpve ground level by foundation walls, shear w:ills, posts, piers, pilinbs, or columns. "ExistinL, man«factured home ptirk or subdivision" means a manufactured hp►ne park pr subdivision for whieh the constniction of facilitics for servicing the lots ota which the manufactured homes are to be affixed (including: at a minunum, the installation of utilities, the corlst.ruction of streets, and either f»al site gracli.ng o1' the pouring of cvncrete pad.s) is completed befnre the eI'fe;ctive clate of the ardinance codified in this aricle. "Expansion to an existiitg matiufaciured Uome park or subdivision" means the prcparatinn of additiondl sites by the construction of facilities for servicing t.he lots an which the rnanufactured homes are to be afjixed (inclucling the installation of utilities; the constnicrion of streets, and either final site graeiing or the pouring of concrete pads). "Flood" or "flooding" means ageneral and temporary condit.ion of partial or complete inundat.ion of normally dry lavd areas from: A. The overf]ow of inJand or tidal waters; and/or B. The unusual and rapid accumulation nf ninoff of surface waters fram any source;. "Flood insurance ltate Map (FIRM)" means thL offieial r.nap on v.,h..ich the T'ederal 1.nsurance Adm'tnisiration has delineated both the arcas of special flaod hazards and the iisk prernium zones applicable to the conununity. ~ "Flood insurance study"means the official rcpori prov7ded by the Fetleral .1.nsurance ,Adiiunistration that includes fload profilcs, the flooct boundary - floodway rnap, and the water surface elevation of the laase flood. "Flooclway' meatls the chanriel of a river or ot.her watercourse and t11e adjacent land areas that must be reserved in order to discharge the base flond without cumulatively uicreasing thc water surface elevation more than one foot. "Lowcs.t floflr" mevis Lhc lowest floor of the lowest enclosed area (including basement). An unfinisbed or f]ood-resistant e;nclcasure, usable snlely for parking of vc;hicles, building access or st.orage, in an area other than a basement area, is not. considered a building's lovvest floor; providGcl, that such enclosure is not built so as to render the structure in vialzition of t}ie applicable nonelevation design requiremEnts found at SVy1C 10.20.380(I)(2). "Manufactured home" means a structtire, transportable in one or mere sections, which is built on a pi;nnanent chassis and is desianed for use wit}i or without a permanent foundation when attached to the required utilities. 'C'be term "manufacfured home" docs not include a"recreational vehiele." "Manufactured 1iome park or subdivision" means a parcel (or contiguous parcels) af land dividect into nvo or rnore manufactured home lots for rent or sale. "New constructiont' means stnictures for which the "start of construction" eomtnenced on or after the effective date oI the ordinance cotlifiect in this article. "Nc;w manufactured home park or subdivision"means a manufactured home park or subdivisiorS for ,which the constniction of facilities for servicing ihe lnt-s on wh.ich the manufaci:un;d homes are to be affixed (including, at a minimum, thc installation of utilities, thc construcxion of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of lhc ordinatice codifiec3 in this article. "Recreational vehiclr." means a velucle which is: A. Built on a single chassis; B. I=our hundred square foet or less when measured at ihe laroes[ horizontal projectioii; C. Taesigczed to be sclf-propelled or permanently towable by a light-duty truck; and D. Designecl primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping travel, or seasonal use. "Start of canstruction" incluJes subsfantial improvement and means the date the building permit was issued, provid«d the actual start of construct.ion, repair, reconstniction, placement or bcher improvement was wilhin ] SQ days of the permit date. The actual slart means either the first placement of permanent construction af a stnicturc on a site, such as the pouri.r.►D of slab or footings, the installation of pilcs, tbe construction of columns, or any work beyond tt►e stage of excavatinn; or ehe placement of a ma.nuftictured home on a foundation. Permanent conswction does not include land preparation; such as clearing, grading and tillina; nor does it inclucic the installatiou of streets and/or walkways; n4r docs it inclucle excavation foi• a basemcnt, footings, piers, or foundations or the erection of tecnporary forms; nor does it include the installat.ion on the property of accESSqry buildinos, such as garages or sheds not occupied as dwelling uniLs or »ot part of lhc main sWcture. For a subst:antial irnprovernent, the actual start of constiliction means the first alteration of any wall, ceiling; floor, or other stnictural part. oT a builcling, whether or uot thal alteraiion affects the ex[ernal dimensioiis of the building. "Slructure." nieans a walled and roofed building including a gas or liquid storage tank that is principally above grounci. "Substantial dainage" means clamage of any origin sust.ainctl by a siructure whereb_y the cost of restoring the stnicCure to its before-damaged conditiQ►i would equal or e;xcezcl 50 pereetit of the market value of the structure bef'ore the damaze occurred. "Substantial irnprovement" means any repair, reconslruction, or imprqvement of a structure, the cost of which equals or exceecls 50 percent of the market value of the structure either: A. Before the improvement or repair is start.ed; or B. If the structure has been damagcd and is being restored; beforC the tlamate occurred. T'or the purposes of this definition, "substant:ial i.mproverueut" is considered to occur when the first alceration of any wall, ceiling, floor, or othcr st.ructural part of the buildine commences; whether or ~ not that alieration affects the extemal dimcnsions of the structure. The term cloes not; howevcr, include either: ~ G. Any project for iuiprovement of a ScrueCUre t.o corrcct existinb violations of state or local health, sanitary, or safety code specifications tivhich have been identifieci by the local code enforcement of(icial anct which are the m. inimum necessary to assure safe living conditians; or D. Any alteration af a structure listed an the National Register of Histnric Ylaces or a State lnventory of Historic 1'laces. "Variance" means agrant of relief fmn1 the requirements of this ariicle wliich pei2iiits construction in a manner that would otlienuise be pmhibit.ed by this arcielc. "Wtiler depi;nclent" means a structure for ccammerce or industty which ca.cuiot exist in any oiher location and is clependent on the water by reas4n of the intrinsic nature of its operations. I 10.05.01.03224:350 General provisions. A. Applicability. 1'his article shztll apply to all areas of special flood hazard5 within the jurisdiction of Spokane Valley, Washington. B. Basis for Establishinv the Areas of Spccial Flood Naz,ard. The areas of special flood hazard identified by the Federal Insurtnce Administration in a scientific and engiiieering report entitled "The Flood Insurance Study Spokane County" dtited Iviay 17, 1988, and any revisions lheret.o, evith an accompanying Flood lnsurance kate Map (rIRN), and any revisiAns thereto, are hereby adopted by referenci and cleclarid to be a part of this article. '7'he Flood lnsuranc;e Study imd t.t►e FIEZivf arc on file at the office of the Spokane Valley floodplain administrator. C. Stop Wark Orders. Whenever any work is being done contrary to the pravisions of this article, the floodplain administrator may order the work stopped by notice in writing directed to the owner af record andlor taxpayer and/or to tbose persons who are engaged i.n eausing or eontributinz to sueh violation. Such persons shall forthxvith siop or shall cause to be stopped iiny such work until autborized to proceed. D. Penalties for Noncompliance. No smicture or land shall hereafter be constructed, located, extended, r~ ~converted, or altered without full compliancc wit.h the terms of this article and other applicable ~regulations. Intentional violations of the provisions of this article by failure to comply wich any oC i[s requirements (i.ncluding violations of conditions, stap work or(lers, and safeguards establ.isbed in corlnectio3i with conditions) shall eonstitute a misdemeanor, witti each day of continuing violation constituting a sepiunte offense. Any person who intentionally violates this article or fails to t;omply with tiny of its requirements shall upon conviction thereof be fined not mare lhan $1,000 or imprisoncxl for not. more than 90 days, or botli, for each violacion, and in addition sliall pay all casts and expenses iirvolved in the case. Nqthing herein contained sha.ll prr,vent the. City of Spokane Valiey from taking such other lawful action, including seeking civil penalties, as is necessary to prevent ar remedy any violatian. E. Abrogation and Grealer Rcst.rictions. This article is not intended to repeal, abroeate; or impair aoy existing easements, eovenanis, or deed restrictions. However; -where the ordinanee codified in ihis article and another ordinance, easement, covenant, or deecl restrictiou conflict or overlap, whichever imposes the more strineent ri;strictions sbaU prevail. F. Tnterpretation. Tn ihe interpretation and applicatian of Lhis art_icle, all provisions shall be: 1. Consiclered as mini►num requveulents; 2. Liberally construec! i.n favor of the gove.niing body; and 3. Deemed neitlter to limit nor repcal any other powers granted uncler state statutes. G. Warning a7d Di5Claimer of T.iability. The degree of flood protection required by this article is consiclered reasonable for rewlatory purpases itnct is based on scientific and en6neering considerations. Larger floods can and will occur on rare ncc;asions. Floocl hrights may be inereased by manrnade or tiatural causes. This article cioes not imply thai land outside tbe areas of special fiood ha7ards or uses pennitted witluv such areas will be free from floodinj or flood daniages. "17iis arcicle shall not create liability on the part of the City of Spokane Valley, any officei• or ernployee thereAf, or the Fe.deral Insurance. Admiuistration, for any flood damages that result from reliance ou this article or any administrative deCision lawfully rnade hereunder. !I 10.05.01.0429360 AdminisCrarion. A. Uevelopment Perniit Required_ A developmeni permii shall be obtained before constnietion or deveiopment begins within any area of special flood hazard established in 10.20.350(13). The pemiit shall be for all qructures, incltiiding manufaciured homes, as set forlh in SVMC 1020340, De(.initions; and fnr hl1 cieveloptiient, including fill ana olher activities, also as set forth iri SVMC 10.20340, Definitions. B. Application for Developmc;nt. Permit. Application for a deve;lopment permit shal] be made tin forms furnished by the Cily and cuay include, but not be limitetl to, plans in duplicate drawn to scale showing the nature,location, dimtmsions, and elevations of the area in question; existinD or proposed stnictures; fill; storage ofmatcrials; drainage facilities; and the location uf the fureooing. Specifically, the following information is required: l. Flevation in relation to mean sea level, of the lowest Iloor (i.ncluding basement) of all structures; 2. ElevatiQn in relation to mean sea level to whieh any structure has been iloocjproofed; 3. Certificaiian by a registered professional engiueer or architect that the floodproofing methods for any nonresidential stnicture meet lhe floodproofmt criteria in SV-jMC 10.20380(F)(2). and 4. Description of the extent to which a watcrcourse will be altered or relocalcd as a result of proposed development. C. Designatian of the Local Adalinistrator. The community development director is bereby dt;signat.eti as floodplaiti administrator and appoiuted to administer and implement this article by granting or tlcnying development permit applications in accordance with its provisions. D. Duties and Respnnsibilit:ies af the Local Administrator.l7uties of thc flootlplain adrninistrator shall inciude, but no[ be li►nited to: 1. Perm it Re,view. a. Review all developmcnt pennits to determine that lhc permit requirements of tlus article have been sa[isfied. h. Review all devzloprnent permits to cteterrnine that all necessauy permits have btacn obtained from those federal, state, or local gbvernmental agencies &om wluch prior approval is required. c. Review all development permits to deterrnine if the proposed development is locat.ecl in the flnociway. If located in the floodway, assure that cbe encroachment pro,,risions of SVNZC 10.20.380(.n are met. 2. Use of (ather Base rlood Data (In A and V Zones). When base: flood elevation data bas not been provided (A and V zones) in accorclance with SVINIC 10.20.350(13), Basis for L-stablishing the Areas of Spcc;ial Flood Hazard, thc flooclplain administrator shall obtain; review; and reasonably utilize any base flood elevation and floociway data available from a federal, state or other source in orcier lo aclminister SVMC 10.20.3$0(I-I), Specifie Staridards and SVMC 10.20.350(J), I'loodways. 3. ].nfUrmation to Be (7btained and Maintained. a. urhere base fload elevatiou data is prnvided through the. Plood Iusurauce Study, FIR-N1, or required as in subsection (D)(2) of this section, obtain aiid record the actual elcvation (in relation to mean sea levcl) of the lowesc f7oor (includ'uig basement) of all ncw or substantially iinproved S#I'l1CTl1iCS, and whether or nnt the struciure contains a basement. b. Fpr all new or substantially improvcd fioodptnofed structures where base flood elevation data is provided through the Flood Insurance Study, F"IRM, or as required in subsection (13)(2) pf this section; i. Qbtain anci reeor•d the elevation (in relation to mean sea level) to which chc seructure was flqodproofed; ii. Maititain the ilooclpraofing certificatians required ir1 subsecii4l1(B)(3) of this section; and iii. Maintain for publ.ic inspection all records pe3-tai3iing to the provisions of this article. 4. Alteratidn of Watereonrses. a. \jAtify adjacenl cominunities and the Departmenl ofiFcology pri4r ta any alteration or relot;at.ion of a watercourse, arid submif evidence of such nqtification to the 1=ederal Lnsurance Adininistration. Cl/ b. iteqttire that maintenance is provided withui the altered or relocated portion of said waiercourse so t:hal the ftooct-carrying capacity is not dimin.ished. E. Interpretation of Nirm Boundaries. Ivlake inierpretations where needed as to the exact location of the bounciaries af the are:as of spe;cial Ilood bazarcls (for example, where lbcrt; appears to be a confltict between a mapped boundary aaid actual field conditions). The nerson contesting the int.erpretat.ion nf the floodplain adiuinisti-ator in relation to the boundary shall be given a reasonable opportunity to appeal pursuant to the procedures outlined in SV1v1C 10.20.370. I ]0.05.01.0520.370 Variance procedure. A.1. Tlie dul}, appointed hearing exanliner shall liear and decide requests for variances froul the requirements of this article pursuant io the procedural recluirements as adopted or hereafter amended, following notice of not less thw 15 days and public hearing. In passing upon such applications, the hearing cxaminc;r sbal] consider all technical evaluatiAns, all relevani factors, standards specified in othet• sections of this article and: a. The danger that materials may be swept onto other lands io the injury otothers; b. The clangcr to life and property due to floodinD or erosion darnage; c. The Susceptibility of the proposed facility and its contents to flood damage and the effect of sucb damage ou the indivlCjUk1I OwllEr; d. The imponance of the serviccs providul by the proposed f'aciliry to t.be community; e. The necessity to the facility of a waterfront locaiion, wbere applicable; f. The availability of alternative locations for the proposecl use wbich are not subject io floodinb or erosion damage; g. 'ftie compatibility of the proposed use with existing and anticipated development; h. The rclationship of the proposecl use to the eomprehensive plan ancl floodplain management. program for that area; i. The safety of access to the property ui iimes of flood for orciiuary and emergency vehicles; j. The expected heights, velocity, duriiiion, rate of risc, and sediment iranspori of the floo<lwatcrs and the effects of ~wave action, if applicable, expected at the site; aiid k. The costs of providing gove.rnmental services durinD and after flood conditions, inclttding maintenance and repair of public utilities and facilities such as sewer, izas, electrical, and water systems, a.nd streets and bridges. 2. Upon consideratinn of the factors ancl the purposes of this art.iclF;, the hearing c;xaminer may attaeh such conditions to the granting of variances as it deems necessary to fiu-thei• the purposes of this article. 3. The Ciry shall tnaintain the records of al) appeal acrions and report anv variances to the I,ederal Insurance Adnlinistration upon request. 4. Thi: dc;cision of the hearing examiner on any aEapeal shall be final and conctusive, subject to an appeal filed t.imcly pursuant to Chapter 36.70C RC'W. ' B. Conditions for Variances. l. C~enerally, the only condiiion under wliich a variance from the elevation standard may be issued is for new constniction and stibsiantial improvements ta be erected on a lot of one-half acre or less in size eontiguous to and surraunded by lots with existing structures constructed helow the base ilood level, providvig subsections (A)(I)(a) lhrough (k) of this section have been fully cnnsidered. As the lot size incre.ases the technical justif calion required for isstling the variavec inrre:ases. 2. Variances may be issued for the reeonstniction, rehabilitation, or restoration of stnictures listed on the 'Natinnal Register af Historic Places or the Scace 1»vent.ory of Historic Places, without regard to the pracedures set forth in this section. 3. Vaciaiices shall not be issued witFun a desia ated floodway if a.ny uicrease in flood levels during the base flood discliarge would restilt. 4. tiariances shall only be issuod upon a determinat.ion that the variance is the minimum necessary, considering the flaod hazard, to afford i-elief. 5. Variances shall 9nly be issucci upon: a. A showuit of goocl and sufticient cause, pursuant to subseetion (.A)(1 ) of this see[inn; ~ b. A det.ermination that failure: to grant the variance w4uld result in exceptional 1iardship to the zipplic;ant; c. A determination that the graniing of a variance will not result. in increased flood heights, additional threats to public safety, extraordinary public expense; creatc nuisances, cause friud on or victimization of the public, or conflict with exiscinL local laws or orciinances. 6. Variances as inteipretetl in the National Flood Tnsurance I'rogram are }aased qn tlie. general zoninb law principle that they periai.n t0 a pliysical picce of property, they are not personal in nature and do not pei-tain to the st.ructure, its unliabitants, eeononuc or i"inaneial ei»eumstaiices. 7. Varianccs may be issued for nanresidential buildings in very limited circumstanccs to allo«r a lesser degree of floodproofmg t.han watertivht or dry floodproofing, where it can be deteraiined that such act.ion will havc luw darnage potential, eomplies with all other variance criteria except subsection (13)(1) oftlus section, and othenvise eomplies with SVIviC 10.20.380(B), (ll) and (F). 8. Any applicant Ca wbotn a variance is granted shall Ue given writteri notice that the structure wil] be permitted to be built with a lowest iloor elevatiou below the base fl4od elevation and thac the cost of flood insurance will be commensurale with the iucre:Ascd risk resulting from the rcduccd lowest floor elevaiion. C. Appeals. The duly appoi.nted hearing examiner shall hear and decicle appeals pursuant to Chapter I-}9:3§I O.U2.02 SVMC, Article I; Hearing Exa3niner, as adoplecl or as hereafter aniended following natice of not less than 15 days ajid public hearing. The hearing exanvner shall liear and decide appcrils wren it is allegecS there is an error in any rrquiretnent, decision, or detennination made by the flaotlplain adminisirator in the enforcement or administration of this article. The ciecision of the bearing examiner on any anpeal shall be fmal and conclusive, subject to an appeal fileci t.imely pursuant to Chapter 36.70C RCW. I 10.05.01.0620.2380 Provisinns for nood liazard reduction. A. Gcneral Standards. In 311 arcas of special flood hazEU-ds, the following standards are required. B. Anchoring. 1. A.11 new coustnaction and substantial improvements shall be anchnre(i to prcvent f.lotation, collapse, or lateral movement of the stivcture. 2. All manufact'ured Eiomes must lil:ewise be anchored ro prevent flotation, c4llapse, or lateral movcmeni, and shall he installed using methods a3id practices khat minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ti7aund anchors (reference FEM.A's "M3nufactured Homc Instaliation in Flooci Harard Areas" guidebook f'or additional techniques). C. r1H Zone Drainage. Adequate cirainage patlls are required aroLmd strvctures on slopes to guide flpodwaters around and away from proposcd s[ructures. a). Canstruction Materials and Methods. 1. A.ll new coclstruction :3nd substantial improvement~5 shall be constnicted with materials and utility equipmcnt reSistant to flood diunage. 2. All nenr consiruGion and substwtial improvements sliai] be constnicted using methods and practices that mini.mize flood damaSc. 3. Electrical, heating, ventilatiorl; plumbing, anci air-condiiio3iing equipment wd othcr servicc facilities shall be desigtted andlor oihcrwise eleva[ed or located so as to prevent wafer from enterint or acciunulating wit.hin the componcnts cluring conditions of floodinA. E. Utilities. 1. All new and replacecnent water supply systems shall be designed to mini.mi2r: or elimirlaee infiltracion af floodwateis into the systems; 2. The proposed water well stiall be located on higb eround that is not in the floodway (WAC 173- l 60-171); 3. \'ew anct rerlaceinent sanitary sev.,age systems shall be desigmeci to mi.nimize or elimiiiate infiltration af flo4dwaters inro the syslems and dischar;;es f.rom the systems iiito floodwaters; auid ~ f 4. On-site waste disposal systems shall bc loca[ed t.o avoid impairment to them or cont3miuation Ei•o~ii them during flooding. F. Subtlivision and Other Propose:c! Developmc:nts. 1. All development proposals shall be consistent with the need to nunimize flood damage; 2. All subdivision propasals shall tiave public utilities and facilities, such as sewer, gas, elcctrical, and water systems ]qcated and constructed to minimize or eliminate flood damage; 3. All subdivision proposals shall have adequiiie drainage provided to reduce exposure to flood damage. ancl 4. NVhere basc flood elevat.ion d<ita has not: been provided or is not available from anot.her authoritative source, it shall be generaied by a ciril engineer licensed in the state of Washington for subdivision pr4pqsals and other prop4sed developments. G. Review of ]3uilding l'ermits. Vlrhere elevation data is nat available cither througb the Flood Insurjnce ScLidy, Flkitil, or From anothcr aulhoritat.ive saurce (10.20.360(I))(2)), applications for buildini permits shall br: reviiwed to assure that proposed constivction will be reasonably safe frorn flooding. The test of reasouableness is the floodplain administrator's judgment ancl includes, but is nnt limited lo, use of historical data, high water marks: phntographs of past floociing, ete., wbere available. The floodplain administri+tor may require the applicant t.o locat.e the lowesi floor at least nv4 f'eet above the highest adjacent natural gTound surface. Failure to elevate at least two feet above the liighest adjacent natural graund surface in these zones may result in higlier insurwce rates. E-L Specific Standards. ln all areas of special flood ha2ards wbere base floaci elevation data has been provided (zones f11-30, AH; and E1E) as set forth in SVMC 10.20.350(B), Basis for Establishing tbe Areas of Special Flaod Hazard, or SVMC 10.20.360(D)(2), Use of Other Base T'lood Iaata (In A and V 7ones), the followi.ng provisions are required: 1. Resideniial Construction. a. jea~ r;~nst;ructic~n ancl substant.ial improvement of any residential structure shall have the lowes[ Eloar, including basement, elevated one foot or more aUove the base flood ele-,mtion. See subsection D of this sectiov for additional reqturements. b. Fully enclosecl areas be:low the lowest floor that are subject to flooding are proliibited, or shall be dcsigned to automatically equalize hydrAStaiic flood forces on exterior walls by allowing for tbe cntry anct exit of floodwaters. Designs for nieeting this requirement must either be certifieel by a professional engineer or arehitec# licensed in the state of WashinLton or must meet nr exceed thc Following tninimum criteria: i. A minimum of two openings having a total net area of not less than one square inch for every square foot of encloscd area subject to flooding shall be provided. ii. Thc bottom of all openings shall be no Uigher than one foot above grade. iii. Openiugs may be equipped with screens, louvers; pr o[her c;overings or clevices provicied t11at the}, pennit the autt~matic entry ancl exit of flooctwaters. 2. Nonresidential Constniciion.. New constniction and substantial improvem -rnt of any commercial, industrial or alhcr nonresidential scructure sllall eitiier have tlie lowest floor, including basement, elevated one foot or more above the base flood elevat.ion; or, together with attendant utiliry and sanitary facilities, shall: a. Be floodproofed so that below one foot or more above the base flood leve] thc strueture is watertight with Nvalls substdnt.ially imperrneable to the passage of water; b. I•iave structural components capable of resistint hyclrostatic and hydrodynauiic loads anci effects of buoyaricy; c. 13e certified by a professional engincer or architect lieensecl in thc s►ate of Washington t,hat the design aiid methods of const,tuction are in accordaiice %vith accepted standards vf practice for meeting provisions of this subsection based on their development and/or review of the struchiral design, specifications aiid plans; d. Notiresidential structures that are elevacect, not flaodproefed, must meet the same standards for space below the lowest Iloor; e. Applicants floodproofing nonresideniial buildin~s shall be notified that flood insurance pri:miums will be based oii rates that arc one foot below the floodpraofed 1evLl (e.g., a building ~ floodproofed to the hase flaod ievel will be rated as one foot below). 3. Manufactured Homes. a. All manufactured homes to be placed nn substantially improved sites: i. Out-side of a manufacturecl home park or subdivision; ii. I.n a new manufactured home park or subdivision; iii. In an expansion t4 an existin5 manufactured home par}: or subdivision; or iv. ln an exispng manufactured home park or subtiivision on which a manuCac[urctl bome has incurred "subsiantial damaSe" as the result of a tlood; shall be elevatcd on a pesinanent foundation such that the bottom of the crawl space of the manufactured home is elevated one foot or more above the hase flood elevation and be se_curely anehored to an acleyuately anchored founciation systern to resist flottition, collapse and late;ral movement. See also subsection l7 of [h.is section for additional requirernents. b. Manufachired bomes to be placed on substan#ially improvcd sites in an existing miuiufactured }iarne park or subdivision that are not subject to the above manufactured home provisions shall bc elevated so that either: i. The bottom af the cra~,,,l space of the manufactured home is elevated one foot or more above the base ilaod elevaiion; or ii. The manufactured horne chassis is supportcd by reinforced piers ar other foundation elemcnts of at least equiv3lent strengtu that are no less thacl3fi iuches in hcight above grade and be securely anchored lo an adequately anehored foundation system to resist flotation, collapse; and lateral movement. 4. Recreati4nal Vehicles. Recreationa] vehieles placed on sites are required to either: a. Be on the site for fewer chan 180 consecutive days; b. Be fully licensed and ready for hiehway use on their wheels or jacking system, be attached , to the site only by quick-disconnect type utilities and security devices, ztnct have no permanently attached adciilions; or c. vteet the re;quirements of subsection (FI)(3) of this section and the elevation and anchoring requii-ements for manufactured homes. 1. Before Regulatoty Floodway. 1. In areas where a regulatory floodway has not been designated; no new construc[ion, substantial improvements, or other development (including fill) shall be permiltecl witliin zAnes A 1-30 and AE on the community's 1=IIZN1, ualess it is dc,monscrated t6at the cumulative effect of the proposed deveEopcriei7t, wheu combinecl with all other existing and anticipaied development, will not increase the watcr surfaee elevation of the base iloocl more than one fo, ot ac any poir►t within the eominunity. 2. T.n ttie uunuiubEred A arid B zones, the devclppment may not increase the water surface elevation of the base flood by more than one faot at any point. 3. Tn the A zones where hase flood elevations have been provided, but floodways have ilot been established, the developm~.~nt rnay not increase the surface water elevation of the base ilooci by more than one-tenth of a foot at any point. 4. Iii the A zones where base flood elcv3tio3is have been proviclcd and floodways have been established, the development may not increase the surface Nvater elevation of the base #7ood at any point. 5. All adjacent or other property owners inipacted by the developanent within the floodplain must Live theu written, noiarized approval for increased base floocl elevations upon cheir properiy. J. Floodways. Located within areas of special flood hazard established i.n SNrlviC 1 Q24.350(B) are areas designated cts iloodways. Since the floodway is an ex[remLly bazardous area due to the velocity of iloadwaters which cany debris, poteiitial projectiles, and erosion potential, the followi.ng prnvisions apply: 1. Prohibit encrotiehtnents, including fill, new construction, substantia] improvements, aud othe;• development unJess certification by a registered professionitl enbineer is provided demoilstraiing ~ throuoh hydrologic and hydraulic aclalyses perfonnnd in aeeardance wit.h stanctard enginecring pt-actice chat tbe proposecl encroaclunent wrould noi restllt in iwy increase in flood levels during the occurrenec Uf the base flood discharge. 2. Canseruction ar reconstruction of residential senietures is prohibited within designated floodways, except for: a. Repairs, reconstruction; or improvements to a stnicture which do noi inci•ease the ground {7oor atea; ancl b. Repairs, reconstruction or improvements to a structure, the cost of which docs not exceed 50 percent of the markei value of the structure either: i. Before the repair nr reconstniction is stancd; ar ii. Ifthe striacture has been clamaged, and is being restored, before t.he damage occurrul. A.n_y pmject for irnprovement of a s[ructure to correct existin~ xiolations of state or lacal health, sanitarY, or safety code specifieations w]Iich have been identified by d1e local code enforcement official and which are che rninimum necessary to assure safe liWint eonciitions or to structures iclenLifieci as hisloric places may be included in ehe 50 percent. 3. 1f subsection (.n(! ) of this section is satisfied, all new constniction wd substantial improvements sliall comply witb all applicable flood liazard reductian provisionG of this scetion. K. Wat:er-Dependent Works. T'or water-dependent utiliiies and other i.nstallations which by their very nature must be in the flood fringe and/or flnndway (sucb uscs as, but noi limited to, raads, bridges, marinas, dams for dnmestic/industrial water supply, flood control and/or hydroeloctric production; water diversian stniceures and facilities for water supply, irriQacion, andlor fisheries etihancement; fioadwater and drainage pumping plants and facil.iLies; hydroelectric genera#ing facilities and appurtenani structures; structural and nonstructural flood damage reduction facilities, and stream bau}: stabilization stnictures and piactices), the.se pmvisions apply: ~ 1. The applicant shall supply conviucing evidence thac a Iloocl frinbe an(Uor 17oodway loeat.ion is nGCCSSary in view of the objeetives of tkie proposal and provided furtlier, that the propasal is consistent wit11 otiier provisions of this title and relevant local, state and federal regulations. 2. In all instances of locacing utilitics ancl other insiallatiAns i» floodway locations, project desigia must incorporate t7oodpmofing certified by a professional civil engineer registered as such by the state of Washuio on to be capable of withsta.nding 100-year flood flows rincl velocities. 3. For any works [hat impound water, the applicant shall provide documentation of easements, flowage rights or ovvnership of tbe impoundmeni area and certification by a professional civil eno neer registerzti as such by the state of Washington chat the warks will cause no increase iu the 1 UO-year flood elevation outside the impoundment arcas imd Ehat t.he works and associatul impounclment arca will nnt inlpau- the atiilit), of natural drainageways to drain floodwat.crs adequaicly during a Ilooding event. L. Scandards for Shallow Flooding Areas (AO Zones). Sliallow flooding areas appear on FIRlvIs as A0 zones with depth desio ations. 7'he base flood depths in these zones range from one to three feet above ground where a cleariy detined chaclnel does noi exist, or where the path of flooding is unpredictable and wherc velocity flow may be evident. Sucb flooding is usually characterized as sheei flow. T.n these areas, the following pnovisians apply: 1. New construc;tion and substantial improvements of reside;itial structures and manufactured hornes withi.n A() zones sUall have the lowest floor (inr:luding basement) elevated above the highest adjacent tracle to the structure, ane f'oot or r.nore above the depth number specified in fieet oii ihe community's FIR\4 (at lcast three f'eet above the highe.st adjacent grade io the structure if no dept.h number is specified). 2. New coiistructian and subst3ntial impravements of nonresidential stn►ctures within AO zones sliall eitlier: a. Have tl;e lowest floor (includinE basemcnt) elevatcd above the highest adjacent grade of ~ the building site, one foot nr more above the clcpth number specified on the FIR~v1 (at least three feet if no depth nuinber is specifie;tl); or b. 'I"ogelher wi#h attendant utility and stinitary facilitifa, be completely llaoclproofed to or above i~ that level so that any space below that level is wateriight with walls substantially impermeable to the passage of water and with structural cocuponents having the capabiliry of resisting hydroStacic and hydrndynamic loads and effects of buoyancy. If this method is used, cnmplianec; shal] be certified b}' a registered profcssional enginecr or architect as i.n SVMC 10.20.330(14)(2)(c). c. Reyuire adequate clrainage paths around structures on siopes to guide Ilooclwalers amund and away frotn proposed strucfures. d. Recrcational vehicles p]aced on sites within AO zones on the commwlity's NUW eithc:r: i. Are on the site for fewer than 1$0 conseculive days; ii. Elre fully licensed and ready for highway use an their whec;ls or jacking sysiems, are attached ta the site only by quick-disconnect type utilities and sec:urity devices; and have no permanently attached additions, or iii. lvieet the requirements of subsections (IC)(l ) and (1C)(3) of lhis section and tbe 1 Q-43 Spokitnc Valley vtunicipal Code 10.25.020 anchorirtg requiremcnis for manufacturetl homes (see SV'MC I0.20.3$0(F3)(2)). M. Special ltequiremeats - Chestcr Creek, SalteseCrt;ck, Fork-er; and Central Park FloocEplains. I.n addition to lbe other requiremenis of ttvs ariicle, the following arcas shali not be cqvered by impervious surfaces or fill unless w eni~ineering study is preparcd by a professional civil engineer, ri;pistered as such by the state of Wash_i.ngton, that shows no impaet to the abil.it}° oF the flooclplain to infiltrate, store and release floodwaters: i. Chester Creek: downstream of Mohawk 17oad; - 2. Saltese Creek: aU areas nf ponding and inFltration; 3. Farker: south of the i.ntersection of Forker Road and Progrcs~s Road; 4. Central Park: west of Yark Road; 5. Glcnrose: west of Carnahan Road and sou[h of 8th Ave. N1. Critical Facilities. Constniction of new critical facilities s}iall be, tn the catcnt nossible, located outside the limits of the special floocl hazard area (SFHA) (l 00-year floodplairi). Constniction of new critical fticili[ies shall be permissible witluu the SFT-IA if no feasible alteniative site is available. Critica] facilities constructed within the SI'HA shall have the lowcst floor elevated three feet. above 13FU- or to the height of the 500-year fiood, whichevcr is higher. Acce;ss to and from the eritical f'acility should also be protected to the height utilized ribove. Floodproofing and sealiug measures must be taken to ensure that toxic substances will not be displaeed Uy or released into flooclwatcrs. Accesc rautes elevated to or abovc the level of the base flood elevation shall be provided to all critical facilities to the extent possiblc. ~ 10.05.01.072,0.390 Perrnit fees. Appendix "F3" of'the Spnkane Valley Development Code is established to assess fees* for floodplain development permits by resolution of the city cnuncil. (Qrd. 04-004 § 2, 2004). ~ I ArCicie NTIT SUBDIN'7SIQNS I 10.08.01.0126$-1-8 AuthoriYy to adopt intci-im suhclivisions regulations. Pursuant to RCW 35.21.180; 35A.11.020 anci 35A.12.140, the City adopts by reference Title 12, entitled "Subdivisions," of the Spokane Couniy Code ("suhdivision regultitions") which is attached to the c,rclinance codified in this cliapter as Exhibit .A and fiilly ini;orporated by this referencc as set forth in full except as modified below. All reFc:rences to Spokane Counry in l'itle 12 shall be eonstruc:c{ t.o ref'er t.o the Gity of Spokane Valley. References to "dircetor" or "division" shall mean the director and/or division of the Ciry of Spokane Vzlley planning department. I 10.0$.01.0225:02•0 Amendment to SpokFine County Code Chnpter 12.300. Section 12.300.1 C12, entitl«{ "General Provisions," of the Spokane County subdivision ordiriance is hereby amended as follows: `I'hc purpose of ihis chapter is ta providc a process to divide land into nine (9) or fewer lots, tracts, parccls, tiites or c1ivisions wilh a levcl of rcvicw that is proportional to the effect chose lots mby have on the stirrounding area. Ariy perscrn sccking to dividc Ur redivide land situatc;d within thc City af Spol:snc Vallcy into nine (9) or fcwcr tracLs for lhe purpose Uf sale; lcacc Ur t►ansCcr of punte:rship, unlctis e.xemptcd undcr the provisions of Chaptcr 12.100 of this ordinancc, shall submit an applicatiore for approval of a short Subdivision to dhe Director together with the appropriate appliaation fee. Land within a short subdivision may not be furcher divided in auy manner within a five ycar period immediately following filing of a shari plat unlrss suc:h a division is approved in accordance with dte provisions of Chapter 12.400 of this ord'uiwce, except that wfien the short piat contains fewer than four ( 4) parcels, notbing in this ordinance shall prevcnt the o«mer who filcd the shart plat from fling an alterition within the five (5) year period to create up to a total of nine (9) lots wichui che origitial stiort plat boundaries. Alterstion5 to create additional iots shall be processed uncter tl.ie provisions of Chapter 12.100 of this vrdinance. TlZere are nvo rypes of shon subdivisions permitted by this ordinance, Type I and Type Il. "!'ypc. I shnrt subdivisions refer ro any larid being divided in[o four (4) or less parcels, 1ots, tracts, site or subdi<<isions any onr of whicb is less tlian twenty (20) acres in size and wliich has not been divided in a short subdivision within a penod of five (5) years. 7°ype. II short subdivisiotts refer to any land being dividcd into morc thxn four (4) und less than ten (10) parcels, lots, tracks, sites or subdivisians any one of which is less than hventy (20) acres in size and which have not bcen subdivided in a short subdivision within a period of five (5) years. Tlie provisions provided in Sections 12300.102 through 12.300.120 shall apply co Typc I wd Type II sliort subdivisions, except that in addition to the above sections all Type Il sbon subdivisiar►s shsll also comply with Sections 12.400.122 tlu-ougli 12.400.138. ~ 10..08.01.03-154)30 Amendment tn Spolcane Coun"y Code Sectinn 12.300.122. Section 12.300.122 of the Spokant; County subdivision orclinance is amcnded as follc~ws: Direct access to every residecitial lot shall be provideci by a public or private road, or private driveway easement for Type. l short subdivisions. The road standards of Cliapter 12.400 shall apply to Type I7 short subdivisious. The remaincier of this section is not changed. 10.._ . . :rws. , - - - ~t~~i~i~s-e~$ched-ecrt~e-~rt~cctfn~~.~-ecKE~e i. this ehapt-. , a . _ stleh . ,lew. ~A-2~:4~-SA-Reftlr-e+te~ tr~-~eztr-i~;-l3~dtes- ~9f;i9-~3Z'St~3E~9't~3!btH`~t tiftee-hed tL., at:dinanee ,.d;('<<I _t!-„'_ erai~ ~ Yier F 6-mH;g . " . , , ' 3fl~--23aft'. 11 l. 1- L, ' .l .'yl t t ` ,.,t l:,.l, _ atie . ' . . bedies, . J ~e:~;~~4r>-~~l~et•~t~~-~tr}~-qt~~i j~t~~i~d-~~r ~the~-ntaheee-~ ~ljen-~endi~~~- 10. _ 6-0 ----E`-opies On-€i4e: ~!~1-;:-:; :;5' eliei W~~-E~ft'-~-l~C-b ~ Hlfl~fip£E:t. j CHdi'ficciCl=,9 r'ff Z!= ~ n ~~c n~tn~-I~tft~ltltli`•' ~~pplitftnt ried-eljeir. ft- , 'T,, ..a „tftttee eadifiei ~3roViSiEffl-~'-~~ shtill iti--di-is-eli9ptet"-flnd-iB-p:Hvi41l3Frj-un-fi•cic.gx1'1-the-t.;tpr•eqS-i'}3ttrTt-tH-pfa;.eez t,G't3N9-9f1#etyt tttid •',R-~L~-;~et-inte8<4c.~te-progeet-a"y ptinietr4~~=eles. . I 7QNIi\`G* * E'rior legislation: Orcl. 03-078. ~ Article M'. Comprehcnsive Plan I 1(1.04.01.01.[I}{-10:0 -1•0 Comprehensive plan. Pw-suant to RCW 35A.1 1.020 anc135A.12.140, the City adopts by reference the Spokane County comprehensive plan, capital facilities plim and maps adopted November S, 2001, through 12esolution No. 1-1059 which is attached to the ordinance codified in this article as F:xhibit A and incorporaled berein by this reference as preSently constituted or hereuiaRer amended as the interim eomprehensive plan, capital facilitie:s plan auci maps af ihe City of Spokane Valley. Unless the eonte:xt requires othenvise, references to Spokazie County shall refer to the City of Spokane Valley. ; 10,,0 -+~--daption-9f other-itrvti-. ' . _ . , . - . -t-Hin i ~ ,t iti ti. if ~a:r.,.a .t 4:ei.. - @ ty-,-ei c ,.b:l: ,.,-ijeeFpf;et,. .r..,. -.wf)Feherts-ive-plfm, theti SttehG6tttit). G'adt'-Effy6d3eI' , ` 9 " . ~•,r~iiv~iE'.L: ~itti the-cG+iripfeh£fiiAi-e-pl@FYftHflehe4zv'-iii.. 7'f' - - -tic • ineilstke , _ ane ia4 . ,'-i4l~lt~-dil~-~rtt~2et~E fii }{~~~~-C--681 fffE~£+~57~'E-~{Ntl---~E}~S-fH1-~tfC: _ : ~s -T4➢" (3 , ,.t platt -{}t2 -.....-c.c~ic2 c~'; F , r•tie~e: 4.$3"50 Lia-lA-1 rt-: . . - :-~-.~-~~~h-e the 0f'ris. ..d:r,,i .r-E}~-et-iiele-ai3(4the etp.---ittt~n~-t'cf+~,,,.,~ .«n~~T~t-sfl~E~aite~ ,~urc~o~~~~~9~B~i..~'nc•iic-iiuc`i~,i-w#3l-}i3tEtldedtej31i~ , .,f' . I :A3'€if'le-4F-Zoti-ing-Goi#e-Adep{t't1 10.04.0240.40.-060 7oning c:ocie xcioptec1. Fursuant to kCW 35A, 11.020 and 35A.14.140, the City adapts by reference Chapters 14.100 through 14.500 with appendices, cnt.illed t.he "Spokrme County Goiuna Code," dated January l, 1986, and the Phase I development regLilations adopted under Spokane Counry Resolution 2-0470, which are attached to the orclinanec i;ocliCied in this article as Eachibit A("zoning code") and incorporated herein by this reference as presently constitutf:tl or hereinaEler amendecl as the interuu zoning code of the Ci#y of Spokane Valley. Unless the context requires other-wise, references to Spokane County sha11 be construed to inean the City of Spokane Valley .incl refcrences to county staff shall mean the ciry manager or designee. ~ 1 U.04.Oa.010 . ti:H44H; Nonconforming Uses. Ghaptep-14.508.040 - . eow-~ •14.38$-040-onconforming Uses 1"he expansion or cxtension of a use, which was iav;•fully cstablished and in existence; and which becomes nonconforTtiing as a result ofthe adoption of the Spokane Vallcy [nterim 7aning Code on March 31, 2003, shall be considered a leSal use and allowcd to cxpa.nd; m.mndcl ar rebuild as if the usc was a Permittcd use in thai zoning district. The expansion shall be limited to the parcel in existence snd platted (or othcrwise divided) as of 'March 31, 2003 for a use (ar cxpansion) chat has received approval through the. issuance of a building permit or land use approval. "Chc nanconforming use idcntifiet3 in this section shall not be exp3nded onto adjacent parcr•Is nr propercies. (City Council Ordinanee No. 53, etfective March 31, 2003) Any expansion allo«<ed under this section shall nieet the applicable developtueut stanciards for the 1 zon.ins district that the use is iocated inclucling, but noi limited to setbacks, height: laiidscaping, and off-street parl:ing. Tlvs provision does not allow for new nonconforming usr.s to bc escablisded couvary to the provisions of [his Code. Exception: this provision does not includc the keeping of inherently dlugerous mluunals and/or inhersndy dflnoerous reptiles. .4ny expansion or extension of these uses shal.l not be percnitted. (City Council Ordinance No. 53, effecrive -March 31, 2003) A nonconforming use l6at hFis been Hbsncloned nr discontinucd for a pcriod of more than ane (1) yea.r shall chereafter be replacecl by a use that conforuls to the regulations of d1e zonr in which the use is located. The terw ooconforming usQ refers co only a sinele existing use ancl does nat include all uses co wlucli the property could have been put under a prior zoning ordin3nec or zonuig classification. (Ciry Councit Ordinance No. 53, effecdve iN9arch 1,2003) To ensure public safciy, a nonconforniing deterynination for the keeping of 'v:ilierevtlV darigeraus mammels or inherendy clangerous reptiles shall only be made by the Director of Planning aricUor his/her xppointcc. The noncanferming dctermination shall be made within Gixty (60) days of dhe adoption of this ame.ndment (RrsOlution No. 99-1061). The approval of noncanf'orniing righis shall be b3sed on fmding (1) "1'hat the snimal keepino facility was in existetice prior co ilie acioption of [liis amendmeur, (2) the facilicy was and is licenscd by the Spokane County Animal Control Authority according to Spokane County Code Chapter 5.12; (3) "1°hat the ds;ta:rminatian of nanconforming rights shal] apply only to the licensed keeper, the rnammals andlor reptiles being kept, and the Iocation of tlte faci.i.ity; (4) Liceclsed facility is outside of a radius of 400 feei from a sc6ool; daycare center, church and public park as clefined in this Code. (Kes. No. 99-1061, dared November 30, 1999). "I'hc noncvnfc,rming determinatipn shall expire u}~cin one of [lie followuts occuiTe~.~ces: (1) Removal or death of such an.unal(s) and/or reptile(s); (2) The liceused keeper no ]onger resides at J the locatian of the lice.nscd Cacility; or ~ ~ (3) Failum- to maintain annual license with the Spokanc Cnunty Animal Cvntrol .quthoriry. (Kes. No. 99-1061, dateti Nbvember 30, 1999) ~ 10.04.05.0204-030.090 Anne~cln~°~~-Se«•ion 1-+-608.060; Nonconforming liuildings ancl Structures. Tlle zoning code, Section 14.508.060 is hercby amended as follotvs: 14.508.060 Nonconform.ing i3ui[dings and Strucmres Restoration of' a noncUnfonnitlg building or structure which is damlged by fire, flood, or sct nf neture sliall be initisted, as evidenced hy the issuance of a valid building permit wit6in ane (1) year uf the date of such damage or destauction, and diligently pursued to completion. T'Iie Director of Community lli;veloprnent may extend this cutie period of an additional one (1) year if the applicant can clemonstrate that due to circurnscancc:s beyond ]tis/her c;ontrol meeting the initill one (l) year time frame was not possible. Upkeep, repair, and maintenance of nonconforming build'uigs is permitted. A buildiug or stiUCture not cocifonning with respect to a lcgsl noncontorrning use, height, yard requiriments, cuverage or density, may be restared iu die evcnt af damage, or altcrcci or extended provided thxt [he altera[ion or cxtension does not result in further violatiov of this Codc.. 10.30.100 Amendmcnt - Section 14.629.020, I.ndustrial Lone matria. T'he zoning code, Seclion 14.629.020 relati.n; to the Industrial Zone matrix, is amended by aclding t.he following uses as shown on Exh.ibit A attached to the ordinance codifetl in t.his article. Thc added uses are: Brewery, winery and/or clistillery including tasting rooms and related retail sales; Church; Colleges including Cocnmunity Colleges; Ente»3inment/Ret.rea[ion facilitic.s (bingo hall, dance hsll, skatung rink, etc.); Food product manufacturinglstorase and saics (?NL'C); Ganneat manufacturing and n:lated sales; Nunery/greenhousehvholesalcheleted retail; SeIt=service stor3ge faUitiry; WhUle.Sal i ng. 10--V44'ophon-v€-o~a-ws: qla4he-eNte,., 44-e*y-pi: , -ep--egt!4etiae-e~ t-e:seauEir ....n-~«ecA41t2`-Cl2vele}jfj3e - _ l9ed-E'. ,i_ af;difkfjii - ~t~ted-H~Y_ ~~-,-~,ziele is _ nietit-teestigbiisl2-ihe--vfihdir.~-, eH#aieeeaab ..-1-..tJ." 'Kl~en-eri'~dle-develaptnerit te~trn • .zraaeltSpo6tne Ee~~atrG d, ,..L, . .,lm;egultitiet3~~ adapted-by-eeer-enee. ti.~,... ~ ~i ~nv:ri ~r►r.~ n„ #2. , ~-l3@t~tC'~ rv evelopmeiit o lotions . o'it_.. ..r.t:...s.,., _ o&fi°u-ii' . . . a ecattn-1--i~liee~ g . t_rath. similiti- b,a: fl,e-ett-}=L ..,rccz~n-3ciei3-!' , btti ' . l~z ~:,_i..~rr~a,-ive`~~ia,Ai5lt-H " atie ' iiiare ' f=suL . ~ ~ judieial er- etheiztnt"Itef~then-peii0- ~ 10,30:13041k-velopment reg g , 'dfi13flt1Be ffittitt 'iiLtic~}i~' vii~ ii• `vi ~~-~~~j)1•1R@ eg c"a;•i cd-ftT-Q•~tY3-8i'PtE.'4@- 4-~~0~40-148 bll 1 r~ T-he expt:ess-~rx~~t~-a~E~re-C-~v-~~=5~»k~f~e-1reN~~-s . , i-tlrthe . ' ' s . . ~~fllj~f~13~LF2E'•~•}yfl+a~f . . Ti. d: d: t' e.1 iti tl3es-x~ i - fttid . . pf6Yiqk)HS . rafcEl well~afe of ibe g - ~~~ar-ti~u~-~l~sw- • ' ' . I ArYicle M. Enforcemc.nt .tnd Peniilfies-Zocmtg-Got#e-(,~►n3Pltanee I l 0.01.20.11(1+A.3A--5A Definitions. A. "Abate" means to take whatever sieps are deemed necessary to ensure that the property complies with applicable code requirements. .4batemnt may include, but is not limited to, rehabilitation, demolition, removal, replacement or repair. B. "Code violation" means and inciudes an act or omission contrary lo: 1. tlny ordinence;, resolution, regulalion or public rule of the City that regulates or protects the use and development of land or waler; ancUor 2. The conditions of any pennit; notice and order or stap work order issued pursuant. ta any such ordinance, resolution, regulation or public rule. C. "TEie Ciry" means the City of Spokane Valley, Washintton, acting by ancl throuih the authorized representati<<es and agents designated by the city ma3iager. D. "Days" will be counted as business days when five or less days are ailowed to do an act required by Ghis ti11:1ClE. "Days" will be con.siderf;ci cislendar days when more than five days are allowed ta do an act required by this articlc. E. "Detenuination of couipliance" uieans a written statement fronz the City that evidence to determine that the violation(s) lias been sufficiently ahatccl as to the violation(s) stiited in the voluntary compliance agreement, i]ot1Ce of vt0l3UQil, notice a»d order or scop work order. F. "Found in violation" means: That a notice of violat.ion, notice ancl or(ter or stop work order has been issued aiid not timely appealed; 2. That a voluntary complianc;e agreement has been entered into; or 3. That the hearing examiner has cietermined that the violatiqn has occurred and sucv determination llas not been stayed or reverseti on appeal. G. "Heari.ng examiner" means the City of Spakane Viilley hcaring examiner, as provided by the ordinance codified in Chapter 10.02.02 SVMC, Article I; Hearing Examiner, as adopied or hereafier amended. H. "Mitigatc:" mcans to take measures, suhject to City approval, to minimize the hamifui effects of the violation where remediation is either impossible or unreasonably burdensome. 1. "Pennit" ineans any f'onn of certificate, approval, regisLracion, liixnse or any other written pemiission issuecl by t.he City. All coljditions of approval, and all eitscments imd use lunitations shown on the face of an approvecl fi.nal plat. map w}zich are intended to si;rvc or prc,ceet the teneral public are deemed conditions applicable to all subsequent plat property owners, owners' teni►nts, and owners' agents as permit requirements enforceable wlder this article. J. "T'erson" means any individuaL association, partnership, corporation or legal entity, public or private, ancl the agents and assigns of such individual, association; partnership; cor7)oration or legal entity. ~ K. "Person responsible fdr a code violation", means the persan who caused the violation, if that can be determined, andlor the owner, lessor, tenant or other person entitled to cantrol, use and/or occupancy qf the property where the. code violation occurs. L, "Fublic rule" mear►s any rule prope3•ly promulgated td impiement provisions of this cocle. M. "Remediate" means to restore a sitr: to a condition that complies witli sensitive area or other regulatory ~ requirements as thcy exiseed befare the violat.ion occurred; or, for sites ihal have been degraded under prior ownershiPs, restore to a condition which does nat. pose a probable threat to the envi.ro»ment or to the general puhlic health, safety or welfare. N1. "Resolution," for purposes of tlus artic;le, means any resolution aclopted by the C:it}' of Spol:ane Valley city council. I 10.U1.2f1.12f1•1•f1.3N-1ff.1 Relationsh.ip to GrowKh Managcment Act. Th.is article is adopt.ud as developmecit regulations pursuant to Cbapter 36.70A RCW (Growth Managemenl Act). ( 10.01.20.13010.-40.179 Declaration of public nuisance- Misdemeauor. A. All violations of this iitle art; hereby determined to be detrimenta] to the oeneral public heal2h, safety and welfare and are hereby cleciared public nuisances. All conditions determined to be violations of this liUe shall Uc subject to and enforced putsuant. to the provisions of this article e;ccept where specifically excluded by law or regulai.ion. B. Any person who willfully or l:nowingly causes, aids pr abets a violation pursuant to this art.icle by any act of commission or omission is o ilty of a misdemeanor. Upon conviction, the persan shal] be pu.nished by a fne not to exce,^cd $1,000 andlor i.ncarceiation for a ternl not to exeeed 90 days. Each week (seven consecutive days) such violation coritinues shal.l be considerect ri separate misdemeanor offense_. .As an altemative, ar in addition to any other judirial or administrative retnedy provicled in this article or by law or other rcgulation, the authorized represc.ntative of the Cify may recommend cbat the office of the city attomey file a misdemr.arior complaint againsi the person responsible tor code violatiou when the City laas documentation or other evidenee that the violation was willful and knowing. ~ 10.01..20.1411+830-W. Fnforcement, authurity and administr;tric►n. ~ A. Ln order to discouratze public nuisances and otherwise promote compliance with applicable code provisions; the CiCy may, in respdnse to field obscrvations or reliablc complaints, determinc that violations of this iitle have occurred or are occun-ing, and may: 1. Enter i.nto voluntary compliance agreernents with persons responsible for code violations; 2. Issue notice of violation and assess civil penalcies as autborized by this article; 3. Issue notice and orders, assess civil penalties and recover costs as autborized by this article; 4. Ttequire abatement by means nf a judicial abatement order, and if such abatement is nac eimely complelc~cl by the person or persons rf;sponsible for a cocte violation, undcrtake the abaiement and charbe the_ reasonable costs of such wark as authorized by this article; 5. Allow a person responsible for the cade violation to Perform couununity service in lieu of payinb civil penalties as authorized by t.6is ariicle; 6. Order work stopped at a sice: by means af a stop work order, .ind if such order is nol eomplied with, asscss civil Uenaltics as autliorizec! by this article; 7, Suspend, revroke or niodify any perinut previously issued by the City or deny a permit appiication as autborized by this ariicle when other effons to acllieve compliancc have failed; and 8. Forward a writt.eq statenient providuig all relevant informalion relating to the violat.ion in the office of the city attomey with a recommendation to prosecute willful and knowing violations as misdeineanor offenses. B. The proceciutvs set fortv in tllis ariicle are not exclusive. T`hese proceciures shall not in any manncr limit or rescrict the City from remedyiug or abating v1olations of this citle in any other maiuler authorized by law. C. Ln addition io, or as an allernative to, utiliring the procectures set foith in this article, the Ciry iuay seek legal or equiiable reliGf to abate any conditious or en}oi.n any acts or practices which c4nstitute a code ~ violation. D. ln riddition to, oe as an alternative to, utiliiing the proCCCtures set forth in this article, the Cit>> may assess or recover civil peualties accniing under this article by legal aciion filed in Spvkane CoLinty district couri by the office of the city attorney. E. The rrovisions oI this article shall in no w•ay adversely affeci the ripht..s of the rnvner, lc;ssec or occupanf Qf any property to recover all costs and expenses incurred and required by this article from any person causing such violation. F. Jn administering the provisions foi- code enforcement, the City shall have the authority lti waive any one or inore such provisions so as t.o avaic! substantial injustice by application thereof to the accs or omissions of a public or private entity or individual, or acts or omissions on public or private property including, for example, praperty belonging to public or private utilities, where no apparent benefit has accrued to such eniity or individual from a cocte violatian. My determiuation of substantial injustice shall be made in wriiulg supported by appropriate facts. For purposes of t.his subsection, substantial injustice caimot be based eaclusively on financial hardship. G. The provisions of tlus article detailuig the administration of code compliance pmcedures are intended only for the purpose of providing guidance to City employees and are not jurisdictional, and are not to be construed as ereating a basis far appeal or a defense of any kind fo an alleted code violaiion. H. The City may, uron preSentation of prnper credentials, with the cansent of the otivner or occupier of a buildint or premises; or pursuant to a lawfully issued inspection warrant, enter at reasouable tuiies any builduig or preuiises suUject to the consent or warrant to perforni the duties imposed by this article. IL is the intent of the city council that any entry made to private property for the purpose of inspection for cade violations be accnmplishui in strict canformicy .vit.h constitutaonal and statutory constraints nn entry, and the holdings of the relcvant court cases regarding entry. The right. of entry aut.horized by this article shall not supersede those legal constraints. 1. The City ma}' re:yuesi that the palice, apprapriate fire district, Spnkane regional health district or other ~appropriate City department or other nonc;ity agency assist in enforcement. ~ 10.01.20,15014:304-90 Guidelines for departniental responses to coinplaints. A. The folldwing guidelines shnuld be appliec3 by the City, subject to resource limitations, when responding to code compliance compiaints. The timelines identified below may be madifiul by depaitment rule; subject to council revie«, and apprpval. 1. Hibh-risk investigations neecling tin urgent response (within 24 ho«rs) include any cases in which there is an immitient likelihcaod of or actual bodily harm, damage to public resources or faciliciGS, damage to real or persnual properiy, public healtb exposure or environmental damage or cocitamina#ion. 2. viocierate-risk investigations needinti a prompt response (within 72 hours) include cases in which t}aere is risk of bodily h=irm; clamage to public resaurces and/or facilities: damage to real or personal propetty, ar environmental ciamagc or cantami.natian 3. Low-risk uivestioations needing response as time permits (within ] 4 days of a violation bcing iden[ified by code compliance stafo inclucle cascs where thc violation is nonemereent, does not fit within the high-risk or moderate-risk categories aud has only minor public impacts. B. The respqnsc times set out in this article are not jurisdictional, and failure to meet them in any particular case shall nnt affect the City's authority to enforce City code provisions cvith regard to ihat case. C. Ciiy representatives are authorized to determine, based upon piist c;c.,mplaints rEgarding a property, subsequent field investiea[ions, and other relevant criteria, whcther a complaint is reliable. If the City det.ermities a complaint is not reliable, ilie. Ciry is not obligated to cUnctuct a field investigation. I 10.01.20.06040.30.20 t~ lnitial investigAtion. This sectinn seis forth guidelines for more specific procedures to be used by the City i.n implement:ing ~ this article. The guidelines set fortli in this ariicle are not jurisdictiojlal, and failure to ineet [ltem in a.ny ~ particular case shall nnt affect the City's auchority to enforce city cAde prAVisions wiih regard to that easr. / A. rield VerificatiAn Required. Except in emergencies and for low-risk case camplaints, fielci verificatiou shauld be made if possiblt: prioa• to, caneurrent with, or shartly afic:r notifying the person resp4nsible for the eode violation ur alleged cocte violation. I ow-risk casc complaints shoultt be aci:nowledged by sending a letter to the person(s) responsible for the code violation. The ietter stiould state that aviolation may have occurred, but has not been verifiecl, and shquld ask the recipient to contact the person issuing the letter. B. AdvisinA Interested Par[ies of keceipt of Complaint and/or Fic;ld T.nvestigation. 1. The person responsible for the code .riolat.ion sliould be acivised of any eomplaint by personal contacL; phoae; posting ar►d maii (return raceipt rt;yuested). 2. The complainant shouid be contact.ed by phone and, if possible, in person duriug the fie:ld visit. C. The Ciiy will record ali violat.ions in a database system, including a list of all actions t.aken on the coi»plaint. D. To the extent possible, the City shall check its own records and the rc;cords of other agencics for previous violations on the site of the alleged violation or by the owner or occupant of the site or such oihei• person as may be responsible for the cade violation. E. Staff underiaking field investigations shall comply wicb the provisions of this article regarding right of enlry. ~ 10.01.20.0701030.24 N Froccdures when probable violation is identified. A. 'I"he City shall determine, based upon information derived from sources such as field observations, the statements of witnesses, relevailt clocuments and data systems for tracking violations and applicable City codes, whether or not a violatiun taas occuned. As soon as the City Y►as reasonable cause to determinc that a vicalatiou has occurred, he or she shall document the violation itnd prompily notify the person(s) responsible for the cpde violation. B. Except as provided iu subsection D of lh.is section; a whrni.ug shall be issued vcrbally or iti vs,riting prompily when a field inspection reveals a violation, or as soon as the Cityo uthenvise deteimines a i 1 violation has occurred. The warning shall inform the person dctermined to be responsible for a code violation uf the violation and aliow the person an opporiunit:y to correcx it or entcr into a volutitary compliance ageement as provided for by tlus article. Verbal wamings shall be looged and fallowe:d up with awritlen waniing wit.hi.n five days, and the site sball he reinspectetl within 14 days. C. No warning need be issued in higb-risk cases, emergencies; repeat violation cases; cases that are already subject to avroluntary compliance agrecment, cases where the violation creates or has created a situatiov or condition tliat is nat lik-ely to be corrected within 72 hours, cases where a stop work order is necessary, or when the person responsible for the code violatiou kmows, ar reasonably should vave ]:nown, t.bat the action w•as a code violatian. I7. Notice of violation may be issued in ►noderate- and 1Uw-risk cases; pravided, thai the City detercrm.ines it is probable t17at the violatian cau likely be fully correcle.d in a short period of t.ime. E. Notice and orciers should be issued in all liigh-risk cases in wbieh a vcaiuntary compliance tigrCCmGnt has not been eutered into within t.wo days of notiFcation by the City. No[icc and ordeis may be issueti in mocterate.- and low-risk cases where the Ciry determi_nes that the violatinn is unlikely to be fvlly correcteci in a shon periocl of'time. F. 'fhe City shall use all rcasonable meiins to determine and cite the person actually responsible for the code violation occurring when the propert}' owner has not di.rectly or indirectly caused the violation. G. If the violation is not correeted, or a voiuntaiy compliance aQreement is nol achieved within 15 days of notification by the City, a notice and order or stop wrork orcter should be issued. Citations should be issued within 15 days from reccipt of a complai.ut. zotice and orders should be issuecl within 20 days from receipt of a complaint. StoP work arders should bc; issued promptly upon discovery of a violation in progress. H. All complainants wil.l be asked by stiiff at the time the complaint is filed whethcr they Nvisli to be kept advised of enforcement efforts. Any complauiant wbo provides a mailina address and requests to be kept radvised of enforcer.nent efforts should be mailed a copy of all written warnings, voltint<iry compliance agreemenis, notice of violation, notice and orders, stop work orders and notices of settlement conferences ~ issued by the City with regai•d io the alleged violalicm. Any comnlainaut may appeal a dPtermitialion Of code compliancc issued by Lbe Cit:y. I 10.01.20.08[40-.16-420 Service - Nbtice of violatioii, notice anci urder, iind stop work order. A. Service of a notice of violation or notice and order shall be madc on a person responsible for code violation by one or mnre of the following methods: l. Personal service of a notice. of violation or notice. and order may be ma<1e on the person identified by the City as being responsible for the code violation; or by leaving a copy of the notice of violation or notice and order at the person's housc of usual abode with a pcrson of suitable age and discretion who resides there; 2. Service directed ta the landowner and/or occupant of the properry may be made by posting the natice of violation or notice and order in a conspicuous place on the property where the violation occurred and concurrently mailing nniice as provided for below, if a mailine address is available; 3. Service by mail may be madc; for a natice of violation or a notice anr3 order by mailing two copies, pos[age prepaid, one by orciina-y first elass mail ancl the o[her by eertifie.d mail, to the person responsible for the code violation at his or her last kiiown address, at the address of the violation; or at the address of the place of business of the persnn responsible for the codc violation. The taxpayer's address as shown on the tax records of Spoi:ane County shall be deemed to be the proper address foi- the purpose of mailing such notice to the landowner of the property where the violation occurred. Service by mail shall be presumed effective upon the third business day following the day upan which the notice of violation or noiice and ardc7 was placcd in the mail. B. For notice and orders only, when the address of the person responsible for the code violation cannot be reasonably detennined, senrice may be made by publication once in the City's newspaper of record. Service by publication shall confonn to the requirEmencs of Civil Rule 4 of the Ttules for Superior Couil. ~y C. Service of a stop work order on a person responsible for a code -6olcition may be made by postine the stop Nrork order in a conspicuoas place on the property wllere the violation occurred or by serving the stop work order in any other manner permitted by this article. D. Tbe failure of the City to make or attempt service on any person named i.n the notice of violalion, notice and order or stop work order shall not iuvalidate any proceediugs as to any other person duly served. ~ 10.01.20.09044-3:?3N TrAining and rulemaking. A. In order to ensure strict conforcnity wiih the constraints on entry imposed by state and federal law, and to ensu.re that City employces deal with the public in i1 IIIaIIIl(:I' Which respects the rights of private property owners, the Ciry shall develop and adopt internal procedures, protoeols and craining pragrams aovervine the conduct of seaeches by coctipliance officers. B. The City shall adopi procedures to imFlement the provisions of tlus article, and specifically the guidelines sei out in tiiis article describino reasonable and appropriate protocols for investioati.nD c;ade violacions. ( 14.01.20.]0044-3(I-.2441 Obligations of pcrsons responsihlc for code tROlatian. A. It shall be the responsibility of any persnn identified as respnnsible for a code violation to bring the property into a safe and r•easonable conditian to achieve code compliance. Payment. of civil penalties, applications for permits, acknowledgement of stop Nvork orders ancl compliance with other rcmedies does not substitute for perfornning the corrective work required and having the properry brought into compliance to the ertent reasonably possible under the circumstances. B. 1'ersons detennined to be respansible for a cocle viola[ion pursttant to a notice of violation or ttotice and order shall be liable for the payment of an}' civil penaliies and abatement costs; provided; however, ~ tliai if a property owner affirmalively clemonstrates that the action which resulted in the violatio» was takcn witliout the owner's k»owledoe or consen[ by someorie otlaer than the owncr or someone ac[ine on the ow3iei's behalf, that owner shall be responsible only for bringiug the property into compliance to the extent reasoniibly feasible uncler the circumstances. Sliould the owmer not cnrrect the vioiation; only those abatemeiat costs necessary to bring the property into a safe and reasonab{e: condition, as cletermined by the CiTy, shall be assGSSed by the City. No civil penallies shall be asscssed apainst such an oumer or his or her property interest. ~ 10.01.20.11&141:3(}.259 Determiniitiun of compliance. A-fier issuance of a warning, volunlary cpmpliance agreement, notice of violation, notice and orcler, or stop work order, and after the person(s) responsible for a violation has corne into cotTlpliance, the Ciry shall issue a written delcrmination of compliance. The City shall mail copies of the tictermination of t;ompliance to each person origiually named in the waming, volwitary compliance agreement, citation; notice and order, ar siop wor4: arcler, as well as the eomplainant; by ceriificd mail, five-day recum rc;ceipt requesCed. I 10.01.2U.1204A:3(►~-6U Vnluntary compliance Agreeme»t -Authority. A. V1'henever the City CjGIGrTT11t1eS f11at 3 COCjG VIOlStl011 t11S O(:CUfl'W Ol' 1S OCCU]'ClIIP,,, the City shiill make reasonable efforts to secure volunlary cornpliance from the person responsible for lhe code violation. Upon contacting t?ie person responsible f'or the c4de violatioti, the City may enter into a voluntary compl.iance agi•eement as provided for in this art.icle.. B. A voluntary compliance agreement may be entered into at. atiy tune after issuance of a verbal or written cvarning, a notiee of violation, notice aud order or a stop work order and befare an appeal is decided. C. Upon enlerino intp a voluntary cornpliance agreement, a person responsiblc for a code violation waives the ritiht la aclministratively appeal, and thereby admits tha# the conditions cleseribed in the voluntary• campliance agreement existed aud cnnscit:uted a code violation. D. "1'he volunt.ary compliancc agreement shall incarporate tlie shortest reasonable tirne period for compliance, as determined by tUe City. An extetisio» of the time 1'tmit for compliance or a modificat.ion of the requirecl corrective actidn may be gtmnted by the City if the person respUnsiblc for the code violation bas shown due diligence or substantial progress in correcting the violation, but circumstances rencler full and time9y cornpliance unclcr the original onndiliont unattainable. .4ny such cxlension or modif c;ation must be in writing and si?ned by the authorized representalive of the City and person(s) who signed the original voluntary compliance agreement. E. The voluntary compliance agreement is not. a settlement agreement. ~ 10.(11..20.13010.3$.2}A Voluntan' compliance agreetnent - Contents. T11e voluntan• compliauce agreement is a writt.en si~med cammitmeni b}' the pcrson(s) responsible for a code viqlation iu wliicb such person(s) agrecs tU abate the violatinn, remeciiate the site, ancUor n.iitigate the unpacts of che viulation. The voluntary compliance a};reement sliall include the Collowing: A. The name and address of the pcrson responsible for the code violation; B. T1ie address or other identificat:ion of the locaiion of the violation; C. t\ cle;scription of the violation and a refcrence to the provisian(s) of the orduiance, resolutinn or reoulation which has been violatui; D. A description of the necessary eorrective action to be taken and identificat.ion of the date or time by which complianee must be completed; E. The amount of the civil penalty that will be imposed if the voluntary compliance agreement is not. satisfied; F. .4.n acknowledgement that if the City detennines t.hat the teruis of the volunt.ary compliance agre;ement are not met, the City may, without issuint a nutice of violaiion, not.ice and order or stop wori: order, impose any remedy authorized by this article, eiiter the real property and perform abatemcnt. of the violalic>n by the City, assess the costs incurred by the Cit_y to pursue eocle eompliance and to abate the vialacion, inctuding rcasotiable legal fees anci costs, aild the suspcnsion, revocation or liiuitatian af a clevelopment permit obtained or to be souDlit by the person responsible for the code violat.ion; `L, ~ G_ An acknowlctlzement thzt ii a penalty is assessed; aiid if any assessed penalt>>, fee ar co5t is nof paid, the City ma}° charge the unpaid atnount as a lien against the pmperty where the cocie violation occun•ed if owned by the pcrson responsible for t.he cade violakion, and that t.he unpaid amount may be a joint and several personal obligation of all persons responsible for the violation. H. An acknowledgement that by cntcring into the voluntary compliance agreement; the person responsible for the code violation thet-eby admiis that the conditions described in the veluntary cor.npliance agrecment eristetl and constituted a code violation; and 1. A[1 3CI:t20wledgement that the person responsible far thc cocle violation understanc{s that he or she has the right to be served wiih a notice of violation; notice and order, or stop work arder for any violation identif ed in the voluntary compliance agreement, lias the righi to administi-atively appeal any such notice of violation, notice and order, or stop work orcler, and that he nr she is knowingly, voluntarily and inteiligently waivint those rights. ~ 10.01.20.14114-0~)-.1-80 railurc ta mcct terms of voluntary compliancc agrcemcnt. A. lf the tercus of the voluntary compliance agreement are not conlpletely met; and an extension of titne has not. been grantul, the aulhorized represenlatives of the Ciry may enier the real property and abate the violation without seeking a judicial abatement order. Tl.~e person responsible for code compliance may, withaut bcinb issued a notice af violation, notiee anct order, ar stup wrork order, be asscssecl a civil penalty as set fort}i hy this articie, plus all costs incurred by the City to pursue code coaipliance and to abate t.he violation, and niay be subject to other remedies auihoriz.ed by this article. Penszlties imposed tvhen a voluntai-y compliance ageement is not met accrue from thc date that an appeal af any preceding notice of violation, notice anc3 drder, or stop work order was to have been filed or from the date t.he voluntary compliance arreement was eniered itito if there was not pi-eceding notice of violation, notice and order, or s[ap work order. B. The City may issue a notice of violation, notice and order, or stop work order for failure to meet the terms of a voluntary compliance agreemeni. I 10.1:11.20.150-103$.298 Citations - Authority. Whenever the Ciry has determined, based upon investigation of documents and/or physical eviderice, that a code violation has occurred, the City may issue a notice of violation to any person responsible fqr code violation. The City shall mal:e a determination whethc;r or nat to issue a eitation wit.hin 15 days of receiving a complainc alleeing a violation or ochenvise discavering ihat a violation may potentially exist. Subsequent complaints shal] be treated as new coaiplaints for purnoses of th.is article. However, such subsequent coniplaint,5 shall noE constitute a separate violation to which the penalties of this article apply. ~ 10.01.20.160i0:39388 n'ntice of violation - Effect. A. A notice of violation represecits a detercninatiou that a code violation has occurred and that the notiecci party is a person responsible for a c;ocie vialation. B. A notice of violation subjects the person responsible for a code violation to penalties. C. The person responsible for a code violation shall eitlier pay the civil penalties assessexl wilhin 20 days of che clate ofissuance of thc notic;c of violatian, or appeal t.he nolice OI viOlacion aceording to the procedures described 1ierein_ D. Failure lo appeal che notice of violiit.ion .vit.hin 20 days sball renclcr the notic;e ef violation a fuial detemiulation that ihe conditinns described in the notiee of violation existed itnd cnnstihited a code violation, and that the cilcd party is liable as a person responsible. L-.lmposition of a civil penalty creates a jnint and sevei-al personal obliDation in alJ persons responsible fior a code violation who are se.rved v,,ith notice of the violation. 7'he office ot the city attoriiey, on behalf of ihe Cityo uf SpoS:ane Valley, may collect the civil penalties assessed by any appcopriate legal means. ~ F. Issuance of a notice of violation iu no way limits the City*s auihority to issue a notice and order or ctpp work order to any persnn respnnsible for a co<le violation pursuant to Lhis ariicle. ~ 10.01.20.17044:30=110 NoNcc of viulation - Contents. The noiice of violation s1iall include all of the fi~llowing uiformation: A. '1'he address, when available, or location of the c4dc violation; B. A legal description of the real property or the Spokane County taa parcel number where the violation occurred or is located, or a description identifyitig the property by commonly usid lacators; C. A staternent ihat the City has found the named person(s) to have committed a code violation and a brief description of the violation(s) found; D. .A statement of the specifie ordinance, resoiution, regulatic,n. public rule; permit c;andition, notice and order provision or stop wor9: order provision that was ar is being violated; E. A statement that the notice of violation represEnts a detennination that a code violaiion has occurred and that the cited parry is subject to a civil pcnalty; F. tl statement of thc amount of the civil penalty assessed, that payment of the civil penalt.ies assessed uncler t2us articlc does not relieve a persan found to be resnonsible for a code violation of his or her duty to corre;et the violation ancUor to pay any and all civil penalties or olher cost assessments issued pursuant to th.is article, zincl tbat the penalty must be paid within 20 days, if tiot appealed; G. A statement of the corrtx;tive or abatement act.ion required to be t<tken and that all requued pErmits lo perform the corrective ac[ion must be abtained feotii the praper issuing agenc}; H. A statemcnt advising that any person na.med in the ziotice of violation, or havinb any record or equitable title in the proPcrt), agaiiast which lhe eitatioii is issued may appeal fmin the citation fo the hearina examiner wichin 20 days of the dale of service of the citzition; 1. A statement advising that a failure to appeal the notice of violatian withiii 20 days renders the notice of violation a final cletermination that [he crniditions described in the notice of violation exisled and coostitutcd a code violation, avd that the named party is liable as a person responsible for a code violation; and J. A statemt;nt. advising that a willful and knowing violatioti may be refern,:ci to the offiee of the city attomey fpr prosecution. ~ 10,01.201£►O44-.1A--l-2(! n'otiee of Aolation - Moclitication or revucxtiun. A. The Cit), iiiay adc] to, revoke in whale or in part, or otherwist modif}' a notice of vinlaGion by issuing a written supplemeiital citatiUn. The supplemental notice of violation shall be gaverned by the same proceclures and time limiLq applicable to all notices of violation containcxl in this article. B. T)ae (;ity may revoke or issuc a supplemental no[ice of violation uuder this arl.icle: l. Tf the original natice of violation was issuecl in error, 2. Whenever there is ncw inforulation or change of ciccum.stances; or 3. If a party to a notice of violation w3S ii]CO1TeCtly named. C. Such revocation or modification shall identify the reasnns and underlying facts for modi Fication or revocacionj and shall be; served on the person responsible for aviolat.ion in conforrniry with this articlc. I ].O.OI .20.19U+(P-A.33A-Notice of viulation - Remecly - Civil pcnalties. A tiotice of violation shall earry a civil penally to be detenniued witb rcference to the schedule concained herein. ~ 10.01.20.1004 0.39-349 Noticc and nrder - Authority. When the City has ref►son to helieve, based on investigation of documerits and/or physical evidence, that a cotle violation exisis or has occurred, or that the code <<iolat.ions cited i» a notice of violiition bave not been conectul, or that the terms of a v4luntary compliance agreemeut have not buen r.net, the City is autliorizeci to issue a notice and order to any person responsible for a code violation. 'nie City shall make ti detei-mination w}iether or not to issue a notice and order xvithin 20 days of rece:iving a complaint alleging a violation or othenvisc discoveruig that a violatiqn may potentially exist, or withi.n 10 days of i~ the end of a voluntary compliance agreemcnl timz period wbich has not been met. Subsequent complaiuts J shall be treated as ttew complaints for the purposes of this article. Issuance of a uotice of violatian is riat. .i ~--~eonc[ition preci:(tent to the issuance of a notice and order. I 1 i1.U1.20.211144-t)-3-50 Noticc and order - Effecf. A. A notice and order represents a cleiermination thai a violation bas occurred, that the parly to whom the notice is issuecl is a person responsible for a eode violation, and that the viofatioils set out in the notice and order require the assessinent of penalties wd o[her remedies that may be specified in the notice and order. B. Upon adetermination by the City tha# a violation has occurred pursuant to a notice and ordei•; the Cit_y is autborizeci to impose civil penalties. C. Any person identified in the notice and order as responsible for a cocie violation may appeal the notice and order within 20 days. D. Failure Lo appeal the notice and order witli.i.n the applicable time limits shall render the norice wd order a final detenninasion that tlie couditions described in the notice and order existed and constitutcxl a violation, and that the named parcy is liable as a peeson responsible for a code violation. E. Issuance of a notice and order in no way limits the City's authority to issue a nolice of violation nr stop work oeder io a petson previously cited through the notice and order pmcess pursuant to this ariicle. ~ 10.01.Zf1.22(.I4-Q.30.;M Voticc and order - Contents. The notice and order shall contain the following informaiion: A. The address, wlien available, or location of the violation; B. A legal description of the real property or the Spakane County tax parcel number wliere the vioiation occurred or is lat;atui, or a description identifyiug the property by conzmonly uscxl locators; C. A statement that the City has found the nameci person(s) to have committed a violaiion and a lbrief ~ `description of the violation(s) founci; D. A staternent af the specific provisions of the ordiuanct:, resalution, regulalion, public rule, permit conditiou, notice and order provision or stop work nrder that was or is being violated; E. A statement. that. a civil penalty is being assessed, including the dollar amount of the civil penalties per separate wiolatiori; and ihat any assessed penalties must be paid %vithin 20 days of service of the rioticc and order; F. A statement advising that any costs of enforcement incurred by the City shall also be assessed against the person to whom the notice and orde►• is directed; G. A statetnent that payment of the civil penalties assessc;tl under this ar[icle does not rclicve a person found to be responsible for a code violalion of his ar her duty ta correct the violation and/or io pay aiay wd all civil penalties or other eost assessments issued pursuant to this article; H. A statement advisuig that the notice and order will be recorded atainst the property in the Spokane County auditor's nffice subsequent to service; 1. ,A statement of the corrective or abatement actian requi.red io be taken and that all required permits to perforrn the corrective ac[ion must be obtained from the propcr issuing agcncy; J. A statement advising that, if any requirul work is not commenced or completed within the t.ime specified by the noiice and order, the City may proceul to seek a juclicial abatemeut ortEer from Spokane County superior couri to ahale the vio]ation; K. A statement advising that, if any assessed penalty, fee or cost is not paid an or before the due date, the City may eharge the unpaid amount as a lien against the property where the code violation occurred if owned by a person responsible for a violation; and as a joint and several personal oblieation of all persons respoilsiUle for a code violation; L. A statement advising thai any person named in the notice and Qrder, or having any record or equitable f. ~ title in the proper[y against Nvhich the notice and order is recorded may appeal froni the notice and order ~ J to the hearing examiner within 20 days of the date of service of the notice and order; M. ,A staiement advising that a fail«re to carrect the violations eitecl in the notice and arctcr eould leacl to the denial of subsequent Spokane Valley pennit applications on the subject propeity; N. A statement advising that rt failure to appeal the notice and order wit.hin the applicable time limits rcnders the notice tinct order a final determination that. the conditions deseribcd in the notice and ordcr exisFed and eonstituted a violation, and that the named pail}, is liable as a person responsible for a violtition; 0. A statement advi5ing the person responsible for a coclc violation of his/her duty to notify the City of any actions taken ta achieve compliance with the notice and order; and P. A staleroent advising that awillful and knowing violation may be referred to the office of the city attorne_y for prosecution. ~ 10.01.20.23010.3037+3 Noticc and order - Recording. A. When a notice ajid order is served on a persan responsible for a code violation, the C;ity shiill f]c a copy of the siime with the Spokane County auditor*s af[ice. B. When all violations sliecified in the notice and order have been correctad or iibaled to the satisfaction of the Cit:y, the City shall filc a certificate of compliance with the Spol:ane Courity auditor's oIfice within fve days of receivine evidence of abatc;ment. The certificate shall irielude a legal description of the property where the violation occurred and shall st,ale whether any unpaid civil penalties for wfiich liens have becn filcYl are still outstancling and, if so; shall continue as liens on the property. C. Afler all ]iens have bef:n satisfied, the City shall file a notice nf satisfaction of lien with the Spokane Cou;ity auditor's office cvittiin five days of final payment to the City. I LU.01.20.2404-N4 133t3A Nutice and order- Supplemcntation, revoeatinn, modificatioa. A. The Ciiy may add to, revoke in wholc or in part; or othenvise modify a notice wd nrtier by issuing a written supplemernal notice and order. The supplemcntal tiotice and order shall be govenied by the same proeedures and timc limits applicable to all notice and ortlers containetl in this article. B. The City may issue a supplc;mental notice and ortler, or revoke a notice and or(ler issued under this article: 1. If the original notice and order was issued in error; 2. Whenever there is new infomlaCion or change of circumstarlces; or 3. If a pariy to an order was i.ncorrectly named. C. Sueh reuocation or modification shall identify the reasons and underl)lng facts for modifitation or revncation, and shall be filed with the Spokane County auclitor's affice. ~ 10.01.20.250+0-.-V390 Notiee a"d order- Adminisrradvc conference. An infonnal administraiive conference may be couducted by the Ciry at wy time for the purpose oi facil.itatino com.munical.ion acnong concernfxl nersons and provicii.ng a fnrum for efficient resolution of an}, violation. Interested partics shail not unreasonahly be excluded from such cpnferences. ( I 10.0].20.26044.40:400 \otice and ordcr - Remedics - Suspensian, revocation or limitatinn nf permit. A. The Ciry may suspend, revroke or modify any petinit issued by the City whenever: 1. Thc permit holder has committed a violation in the course of perfortning actixities subjeci to that pennit; 2. The pe«nit holder has interfered wilh Ihi: authorized representatives of the City in the performarice of his or her duties related to that peimit; 3. 'nie peimit was issued in error or on the basis of materially incorrect informat.ion supplied to the City; 4. I'ermit fees or costs wcre paid to the City by check and retume;ct from a fina3icial uistitutioo mitrkcd nansuffieieEit fimds (NSF) or canceled; or 5. For a perm.it. or approval that is subject to sensitive area review, the applicant has failed to disclose a change of circumstances on the development proposal site which materially afiecLs an applicant's abil.ity , to niect the perniit or approval conditions, or which makes inaecurate the seasitive area st'udy tha[ tvas the basis for esiablishint pennit or approval eondiiions. B. Such suspen.sion, revocaticin, or modification shall he carriecj out through the n4tice an(l c,rder provisions of this ari.icle and shall be effective upon the eompliance ciate established b), che notice aiid orcler. Such suspension, revocation or modifeation may be appealed to the hearing examiner using ihe appca] provisions of fhis article. C. NOt:withstand'ulg any other provision of t.his article, the City may immediately suspcazd operations under any permit by issuing a stop wor1: order. 10.0 1.2q.271:1-1(1--Z(,1:41-fl Notice and ardei- -17emedies - llcnial of permit. A. The City may deny a permit when, with reaard to the sitc or project for which the permit is submitted: 1. A.ny person owning the property or suhmitting ihe development praposal has been found in violittion of any ordinance, resolution, rEgulaiion or public rule of the Ciiy that regulates or protects the publie hcallh, safety and welfare, or the use and clevelopment of land and water; and/qr 2. A.ny person owning the prnperty or submitting the development proposal has been found in violation and remains i.n vielation of the conditions of any pemiit, notice and order or stap work order issued pursuant to any such ordinanec:, resolution, regulation or public nile. B. In order to furtlter tbe remedia] purposcs of this article, such deiiial may continue unt:il the violation is cured by restoration aocepted as complete by tlle City and by payment of any civil penalty irnposEd for ihe violation, exec•pt [hat permit-s or approvals shall be gt-anted to the extent necc:ssary to accomplisll any required restqration or cure. ~ 10.01.20.28040.40:42la Nntice and orcler - Remedies - Abiitement. In addition to, or as an alternative to, any other judicial or administrative remedy, the Cit}, may use t.hc nntice and order provisions of this article to order any person responsible for a code violation to abate the violation and to complete the wark ai sucli time and uncler such conditions as the Cit}, detennines rcasonable under the circumstances. [f the required eorreclivc ,vark is not cominenced or completed within the time specifi4 t.he City may seek a judicial abatement order pursuant [o this artiele. I 10.111.20.2901-0-10:4-210 Srop wc►rk order - Authorized. The C:ity is autliorized to issue a stop work arder to a person responsible for a cocte violation. Issuance of a notice of violation or notice and order is not a condition precedent to tve issuance of the stop work order. O.p1.20.30U10.30.448 Stop work order - Efl'cc.t. A. .4 stop work order represents a cletcrmination that a code violation has occurn;d or is occurruig, and that any work or activity that caused, is causins or contributing to the violation on thc property where the violation has e►ccurrecl, or is occurriug, must cease. B. A stop worb order retluires the immcdiate cessation of tlie specified work or acciviCy on thc nanted praperly. Work activity may not resume uuless specific:ally suthUrized in writing by the City. C. A stop work order may be appealed according to thc procedures prescribeti in this ar[icle. D. Failurc to appeal the stop work order withui 20 days renders thc ston work order a final defenninatiUn thai the civil code violation occurred and that work wa,s properly ordered to cease. E. A stc►i) work orcter may be enfc:irced by the City police. ~ 10.U1.2f1.31(N4l.3"5A Stop wArk order - Remedy - Civil penaltics. A. In addition to any other judicia] or aclministrative remedy, the City iiiay assess civil penaltic;s for 4he violation of any stop wor}: order accordiug to the civil pcnalt), schedule established in SVMC 10.30.470. B. Civil penalties for the violation of any stop work order shall begin ta accrue on ihe first day the stop work nrder is violated and shaU cease accnui»; on the day che work is actually stopped. C. 'Violat.ion of a stop work order shall be a separate violation from any other code vi4lation. ~ 1 Q.Q1.2U.3204-A--4,1:4(►E3 Stop work orcler - Remedy - Crimins►1 penalties. ~ ln acldicion to any olher judicial or adeninistrative re.medy, the City may forward [o the office of ciCy ~ at4orney a detailul factual back€Iround of the alleged violatiori with a recommendation tbat a misdemeanor charge be filed against the rerson(s) responsible for any willful violation of a stop woi-1: order. I 10.01.20.330+E134"40 Civil penalties - Assessment scliedulc. A. Civil pc:valties for ct,clE violations shall be imposul for remedial purposes and shall be assessed fnr r:3t:h violation idcnt.ified in a no[ice of violation, notice and ortjcr or stop work crder, pursuant to the following schedule: 1. Notice of Vic~lation 5250 2. N otice i-Lncl ardei-s and sto work orders a. basic initial penalty $500 b. additional initial enalties cna be added wbere there is: 1. public he;alth risk - amount de ends on severit $0-2,500 2. envuonmental damagc - amount depends on severity $0-21500 3. damage to properiy - amounl derends on severity $0-2,500 4. histo af similar violations less than three} $0-1,000 5. hislo of similitr violations three or mare $0-5;000 E_ ec4nomic benefit to person responsible for violation SO-5,000 c. the above enalties may be offsct by the followin * com liance ull compliwce wilh a voluntary compliance agreement with prior history of0-1 SU-I,500 similar violations ll compliance with avoluntary camplianc;e airreernent and a history of two or $0-250 more priar similar violarions B. The tntal in.it,ial penalties as.aessed for notice and orders and stop work orders pursuant to tbis article sball apply for the fiist 30-clay period follawing issuatice of the order, unless auothcr time period is specifietl in a voluntary compliance as7cement. If a volunlary compliance agrr:ement is not entered into wikh.in that time period, and no appeal is filed, the penaliies for the neat 15-day period shall be 150 percevt of the uutial penalties, and the penalties for the next 15-day period shall be 200 percent the amount of the initial penalties. The intent pf this subsection is to increase pe►-lalties beyand the maximum penalties statul as an additional means to achieve timely compliance. C. Notice of violation shall be subject to a onetime penalty per violation. "fhe City retains authoriCy to issue a subsequent notice and order or stop work order for cnntinued noncompliance. In ihat event, additional penalties shall be imposed. 0. Civil penalties shall be paid within 20 days of service of the notice of violaiion, notice and order or stop work order if not appealed. Payi»ent of the civil penalties assessul under this article does not relieve a person faund to be responsible for a code viola[ion of his pr her clury to correct the violation and/or to pay any and all civii penalties or other cost assessment~s issued pursuant t.o this article. E. The City may suspend civil pesialties if the person responsihle for a code violalion has entered into a voluntary compliance agrcernent. l'enalties shall begin to accrue again pursuant t:o the terms of the voluntary compliance atreetnent if any riecessary permits applied for are deuiecl, canceled or not pursuecl, or if eorrective iteiion identified i.n the voluntary cocnpliance agreement is not completed as spi:cificd. F. Civil penallies assessed crcate a joint and several personal obligation in all persons responsible for a code violation. G. In addition to, or in lieu of, any otller state or lc►cal provision for the recovery of civil pinalties, the ~ City may file for record wich the Spokane COunty auditor to claim a lien against the real properl.y for the ~ civi] penalties assessed urider ihis article if the violation was reasonably relatc:d tn the rcal property. Any such lien can be filed under this article if, after the expiration oi' 30 days from wben a pcrson responsible for a code violation receives the notice of violation, notice and order or stop work order (excluding any apperil) any civil penalties rcmain unpaid in wliole or in part. ~ 10.01.20.3404.9:30480 CiAil penalties - Duty to comply. Persons responsible for a code violatian have a duty to notify the City in writing of any actions taken to achieve compliance with the noiice and order. For purposcs of assessing ci<<il penalties, aviolation s}ia11 be considered ongoing until the person responsible for a code violation has come into canlpliaoce with the noliee anci order, voluntary eomplianee a&Teement, or stnp work order, and has provided suffieicnc evidence of such compliance. I 10.01.20.35010-.30.490 Civil penalties - Community scnice. 7'he City is authorized to allow a person respoiisible for a code violation wPio accumulates civil penalties as a result of a notice of vioiation, notice and order, or for failure to comply with the tenns of a voluatary cornpliance aD eemeni; to volLmtarily p-u-ticipiite in eommunity serviee projeets in lieu of paying all or a portion of the assessed civil pcnalties. Communiry service map i_nclude, but is ttoi limited to, abatement, restoration ar c;ducation programs desigmecl to clean up the City. The amc►unt of cnmmunity sen~ice will rGasanably relate 10 [he cornparable value of penalties assessed against the violator. The rate at which civil penalties are worketl offunder this subsection is $10.00 per hour. The Gity shall tal:e into consideration the severity of the violation, wy history of previous violations and pract.ical and letal impediments in considerinE whether to allow community service in lieu of paying penaities. ~ 1 Q.01.20.3fi0#1:?FIA- NA CiNil penalties - 'vVfiivers. A. Civil penalties may be waived or reimbursed to the payor by the City under the fiollowing , circumstanecs: 1. The notice of <<iolaiion, notice and Arder or stop work order was issued in error; 2. 7he civil penalties were assessed in error; 3. Notice failed to reach the property owner due to unusual circumstances; or 4. vew, material infotmation warranting wtiivcr has been presentul to the City since the notice of violation, notice and order or st.op work order was issued. B. The City shall state in writ.ing ihe basis for a decision to waive penalties, and such statement shall become paM of the public record unless privileged. ~ 1 Q.OI .20.370.10.30.51A CiAl penalties - Criticfll flrefls. A. The conipliance provisions for critic3l areas arc inlenaed to protect critical arc:as and the general public from harm, to mect the rcquircments of Chapier 36.70A RCW (the GroNy-th vfanagement Act), and to i'urther the recuedial purposes of tlus arcicle. '1"o achicvc this, pcrsons responsiblc for a codc violation will noc only be reyuired to rest4re damaged critical areas, insofar as that is possible and beneficial, bui will also be required to pay a civil penalty for the rcdress of ecalobical, recreational, and economie values lost or clamagul due to Gheir unlawful act.ion. B. The provisions of this section are in addition to, and not in lieu of, any other penalty, sanction or right nf action providc;cl by law for other relat.ed violacions. C. VVhere feasible, thc owner of the land on wliich the violation occurred sliall be iiamed as a part_y to the notice and order. 1n addition to any other persons who may be liable for a violation, and subject to the exceptions provided in this article, the owner shal] be jointly ancl sevcrally liable for Lhe restoration of a site and payment nf any civil penalties imposed. D. Nliolation of critica] area provisiotts of this code means: 1. The violation of any provision of Chapter 14.20 SVMC, Article 114, Critical Areas; or of the adrninistrative rules promulgated thereunder. The ordinance codified in Chapter 10.20 SVN7C; Article 1]T, Critical Areas, addptecj Cbapter 11.20 of the 10-61 Spokanr. Valley Municipal Coclc ] 0.30.520 Spokane County C.ode as it.s interim criticitl areas regulations; 2. 'l'he failure to obtain a permit. required for work in a c3-itical area; or 3. The failure to comply with the crnlditions of any pemlil, approval, temis and conditions of any secisiiive area tracl or setback area, easement, covenant, plat restriction or bindint assurance, or any notice and order, stop work order, mitigation plan, eonlract or agreement issued or concluded pursuant to the abovc-mentioned provisions. E. Any person in violation of Chapter 10.20 SVMC, Articlc TIT, Critical Areas, may be subject to civil penalCi(;.s, costs and fees zis i'oUows: 1. Accoeding to the eivil renalty schedule under SVMC 1030.470; provided, that the exact amovnt of the penalty per violation shall be cieterminecl by the Gity based on the physieal eatent and scverity of the violation; or 2. The greater of: a. An acnount tletermined to be equivalent to the economic beneFt. that. the peisAn responsible for a code violation derives from the violation, measured as tlhe total nf: i. The resulting incre.ase in market value of the property; ii. '1'he value received by the pcrsbn r4spotisible for a violation; ii.i. Tiie savings oPconst.ruction costs realiu,d by tlie pei-son responsible for a code vialation as a result nf performinb any act in violation of Cbapter 10.20 SVIvIC, lArticle ITI, Critical Areas; or b. Code compliatice costs (sueh amount not to exceed $25,000) incurred by the City ta enforee che orclinance codified in Cbapter 10.20 SVA1C, tlrticle I1:1, Critical Areas, as adoptcd or hereafter amecidea ar replaced wich pc:rmanent critical areas ordinances or regulations against the person responsible for a code violaiion. ~ 1.0.01.20.3804•039.629 Cost recovcr-y. A. Jn addition to the otber remedies available under this ariicle, upon issuance of a notice and order or stop wcrk ortler t,kie Cit), shall charge lt►e costs of ptirsuinL code compliance and abatement incurred to correct a code violation to the person responsible for a eode violation.I'liese chiu-ges inclucle: 1. Reasonable Legal Fees and Costs. For purposes of this section, "reasonable legal fees and costs" shall i.nclude, but are not limited to, legal personnel cpsts; both duect and related, i.ncurred to enforce the provisions of this aiticle: and 2. .Admiiiistrative Yersonnel Costs. For purposes of dhis section, "adnunistralive personnel eosts" shall iclclude, but are not limited to, aduiinistrative employee costs, bot.h di.rcct and rGlated, incurred tu enforce the provisions of this ai-ticle; and 3. Abatement Costs. T6e City shall keep an itcmized accotiut of costs i.ncurred by thc City in lhe abatement of a violatiou under this artiele. Upon comPletion ofany abateineut work, the City shall prepare a repori speeifyirlg a legal descriPt.ion ofthe real propcrty wherc the abatement work occurred, the wori: done for each properiy, the iteraiaed cosLq of the work; and iuterest accrued; anct 4. Actual expenses and cqsts of the Cify in preparing notices, speeifcations and contracts; iu accomplishi.ng or contracting and inspecting the .vor1:; and the costs of any required printinb, mailing or court filing fees. B. $ucli costs an; due ancl payable 30 days frorn mailing of the invoiee. C. All costs assesseci by the City in pursuiiig code compliance ancllor abatement create a joint and several personal obligation in all persons responsibie for aviolation. The office of the city attomey; on behalf of the Ciry, may c411ect the eosts of code complianee cfforts by any appropriate legal means. D.1n addition to, nr in lieu of, any other state or local provision for t.he recovery of costs, the City tna_y, aiier abating a violadion pursuane to this article, file for rctorcj with tlae Spnl:ane C;ounty auditor to claim a lien atiains[ I)ie real property for the assessed cbsts icientified in this article if the violtition was re,dsontibly related to the real property, in accordance with ihe provision regarding mechaiuc's liens in Chapter 60.04 RC1V, and said lien shall be foreclosed in the same manner as such liens. E. Any licn filed shall be subordinate lo all previUUSly existuig special assessment liens imposed oit the ~ same property a.nd shall be supcriczr to all other liens, except for state and cqunty taxes, with %vhich it shall sliare priority. The Ci(y of Spokane Valley may cause a claim for licn to be filed for record ~vithin 90 days from t6e later of the date that the monctary penalty is due nr the date the work is compleied or the nuisance abated. The ciaim af liett shall contain sufficicnt information regarding the notice of violati4n, a description of the property tfl be charged wiih the lien, the owner of record, atid the total of t.he lien. Any such claim of lien ma), be amended from tiiue to time io reflect ehange:t[ concEitions. Any such lien shal] bind the affected nropert.y for the period as provided for by state law. ~10.01.20.39010.30.530 Collection of ciAl pcnaltics, fces ancl costs. The City may use kbe sc;rvices oCa collection agency in order to collect any civii penalties, fees; costs anct/or interest owino under this article. I 10.01.20.400+848--549 Abfltemcnt, A. Emergency Abatement. Whenever a candition constitutes an iminetliat.e threat to the ptlblic hea.lth, s3fety or welfare or to the environment; the City may sununarily and without prior notice abate the condition. Not.ice of such abaiement, includine the reason for it, shall be given to the penon responsible for the violation as soon as reasonably possible after the abatement. B. Judicial Abatement. The City may seek a judicial abatement order frorn Spokane County superior court, to abale a condition which contuiues tn be aviolatic+n of tlus code where oeher methods of re:medial action have failed ta produce compliance. C. The City shall seek to recover the costs of abatement as authorized by this arlic;le. ~ Y0.01.20.41048~.3N:55F1 Code conipliancc abatcmcnt fund - Authorized. All monies collected &om die assessment of civil penalties and for abatement costs anci work shall be allocated to support. exp~,~nditwcs for ab~ilGmenl, and shall be accoimted for through either creation of an account in the fund for such abat.ement cosls, or other appropriate accounting mechanism. I 10.01.20.42044:3$,5560 Administrativc appcals - Standing - Filivg requirements. A. Any persdn issued a notice of violation or nanled in a notiee and occler or stop work order, and any owner of the land wbere the violrttion for which a natiee of violation, notice and order or s[op wrork order is issued rnay file a notice of appeal oft.he followino: 1. Not.ice of violalion; 2. Notice and order; 3. Stop work order. B. A complainant who requests to Ue kept advised may appeal a determination of compliance by the City. C. A person that does not meet the requirements of subsection A or B of this section does not have standing to appeal under tUis at-ticle. D. An_y persAn f ling an appea] undcr lhis arliclc who was issued a notice of violation or order, or is the owner of the land where the violation occurred, shall do so by obtaining the appeal form from ihe Ciry and filing the completeci appeal form within 20 days of service of the notice of violation, noticc and order or stop work order. A complainant who appeals the determination of eompliance by the City mu.st file any such appeal within 20 days af servicc of the clet.ermination of compliance. E. Any administiative appeal cousidered uncier th.is articlc will be detenuined by the hearing examiner pursuant to Chapter 10.02.02 SVMC, Article 1, unless in cnnflict witli specific provisions of this atticle, in which case the specific provisions of this article shall eontrol. . ~ 10.01.2p.4304-k1.3!)-6-W) Administrative appcal - Notice of hearing. ~ Upon receipt of a notice of appeal, the City shaU provicie a hcaring notice stating the titne; loeation anc~ date of the hearing on the issues identified on the notice of violat.ion, notiee ~tnd order or stop work order. The City shall mail tliis notice by certified mail, five-day returri receipt reyuest.ed; to the pecson(s) responsiblc for a violation. ( 10.01.20.44044.40:6,90 Administrative appeal - Frocedures. A. The appeal hearing shall be conducted as prcrvided for in the ordinance eodif.ied in Chapter 10.02.02 SVMC, nrticie as aclopted or ]iereafter amended. B. FrifArcement of any notice ancl order of the City issued pursuant t4 this article shaU be stayed during the pendenCy of any administ.rative appeal except when the Ciry detennines tha[ the violation poses a significant threat of irr►mediate ancUor irreparable harrn and so states in any notice an(i orcier issued. C. Enforcement of any stop work order issue:d pursuant to this article shall not be stayed during the pendency of any administra#ive appeal under #his articlc. D. R'hen multiple not.ices of violation, notices and order ar stop work orders have been issued simultaneously for any set of facts constituting a violation, only one appeal of all the enforcemenc actions siaali be allowed. I 1U.01.20.450~. -98 Administrative appcal - Final order. A. T'qllowinu review of the evidence, the hearing examiner shall issue a written qrder containiug fmdings wd conclusi4ns, and shall afFinn or mociify the notice of vialat.ion, nAtice and order ar stop work order previously issucci ifthe heariug exami3ier finds that. a violation htts c~ccurrFxi. The liearing exam.iner shall uphold the appeal and reverse ihe citation or order if the examiner finds that no violation occurred. B. If an owner of property where thc violation has occurred has affirmatively demonstrated that the violation was caused by another person or entity not tbe agent of the property owner and witliout the owner's l:nowledge or consent, such property owner shall be responsible only for abatement. of the violation. Stricf compliance witli pemiit reyuirements may be waiveti regarding tbe performavice of such abalement iri order roavoid doing substantial injustice lo a nonculpable propertiy owner. C. The hearinu examiner's final ordcr svall be final and conclusive unless proceediu;s for review af the ~ decisioti are propErly comillenced i.n Spokane County superior court within the tirne period specificd by applicable state law. D. A final order by the hearuig examiver affirming, revoking or modifyinn a notice of violation, notice a.nd oi•der or stop work o3'der is a fi.nal decision. ~ 10.01.20.4618:30 Juclicial cnforcement - Pedtion for enforcement. A. in addition to any oCher judicial or adrnizvstrative rcmedy, the office of the cit}, attorney, on be}ialf of the City, may seek enforcement of the City's orcler b}° filinb a pctition for enforcement. in Spo}:ane County supt;rior court. B. Tlie peiition must nainc- as respocldent each person against whc,m t.he Ciry seeks to obtai.n civil enforcement. C. A petition for civil enforc:.ement may request monetary relief, cieclaratory relief, tempc►rary or permaneni injunctive relief, and ac►y other civil re;medy provided by law, or any combination of the foregoing. (Ord. 04-013 § 1(1.20.46), 2004). ~ Article fV. Zoning 14np Rebulations I .10.04.02.110.30hLouing map(s). Pursuant to RCW 35.21.180 and 35A.14.140, the City adopxs Uy reference the Spokane County zonulg rnap(s) described on Exhibit A("zonjng map") which is at#ached ro the ordi.nance codified in this ariic]e and incorporatecl herein by tlus rcference as prescntly constituted or hercinafter amended as the interim zoning map(s) of the City of Spokane Valley. UrUess the context requires othenvise, refereuces to Spokane County shall be constiUed to me.an the City of SPokane Valley. .1 44=+(")24-:4c . r~ee~t-ekl~~ Spokmte , , , l.. ~€ej-ei~.~ec~-~~i-~k . , ' . n' nta~~~rt~te-t4-tE -eeabili , ' - fl+ef-,~ (jf~e61e-C-aw*_ r a .le ,f . 1A.M:! g . , befifd s, heftt4tig .rrrerxi-c~~~~~ sitlidef: , -stiell-fo~es~li~t t~et~tets-tlie-ti~, ~~•,.'-'~^`I mere , . ~ttr~--ts-~=ke~l~er-e~~~t►t~~' penditil- 40.40.640 b . . 44&G~ , _ b itiap(s) • 30.3 0.6-5,0 -4btlity- ifliteent ` ts~~i~~~-ft~i~~+~aia~~•i~~~ce-~~it~~rt~te - ilie ~a-e . . .s d . safeiy~ 10•3 • ' b a ' P~e ° t`. ft 'J.. f . ClitipteF 14,804 SiGINIAGI; 44.8114:1~10 --Rtrrp . . , Seope while and . . . TktS-9E~HUfl-E~t~te-~~ti-SEit~N-f~bt E~~jalErti~-Ffttffie Et^,' ~,n _ ai;eet;ox ~ . e ~iiti~~e-par3Eiug-lot; scu~s-u~rreac~~bl~~utx-~e~~zte~~l-te-be-, ie 'a . mer-ehafidis displftys-o~f-e~h~e-edveix~isu3ti~c~is~lays. fle-'s Sll~{~24~3ie . ,.1.,,1:-, fl.,`.,£_.s , . poleqj litsi ~1`Ie 3Mv' ~16HZ-~i89~t9-~ei28i3011-Etil(] filettttETtF a . , . . , sueb r-eeyeling eentainent _ . _ A ►3t~dttTf2~-1t141bC1~FtER~~'^f0 a F339tdf-YOkEele-t3J ` ift • s•.. s _ _ c i 14.804.020 9~riit9°99- 1 Pefitiit Dr e.& :~~rotrpr-~i~se~-s+~;~~rH-Ht~rtfrft~~x•-tiFe~,.'~~u-fe-c , . . . e"frlIV Bild- ~~tere~l-iu-ESCe~~rekcr~we-v~~t~r~lti:-iEr~spte~~i~~J-p~ser~ef-tea-sigic---:..n,:,~':g..,.,' ~9b.~0s r i5itted ' b _ r€ereement- . , a .1°Lp9"t3t1'B'9!1}i~"}8'5~2ppUE'I~~ .t.. .t. ~ . ~er~~~,-~9f.'~3-ftf~f~lEt~41flI-aKtl-~Fc'4~d-E1i3-E~lA-a[~~eK~f•~~--mwq"nve a-se pafate!;I . q'he . . ~4ie4i shail be-fie uir-e . ' .f die - Cede- ~ .,,...l; ...;t : Atre~tfN -pt~rc}eg rll peniii! ff Pplieatiorl~i-€'e=~ .i ~ a. `r' Q°-~wtowa€-theii€f~eted-let, builduT~(fi}-nu~ign{sj~ . b=Plarr; ~~ftt•NfH3~-t~~thE-pi'op09dd-9tgtl-fff-!;lilt~fei'=i:'sf(3H-}H£`~11~H3~i;~~1L'3oht-ea tNtflehmi.tt1-cmd jn '!;-c-i-i:ica3g-sig+it-e►t--O3e-site-411elt3ffiflW-theHisjZ~~~tbflc3fl - u. a-'F@;i-pitfE,'c.l-tlimtHef- 3~t~~~-~etia= -lfH38-E►p1f-ok-ed by E3P-Eieisrt~tlr~`ei~ilt~R4fi~ti'.+~tt?I3ef~-lciir~'-ric^ccicQCTCE~tt11~e;:cicn'~'-'c'~'vici-€~i fH2-E~3ay2--~f~CEI StibftfE'f3 j~} itt thi~,, elt@pEG'n- 4-4:8114:1.130 Brffi! liotis '~~lZ-~f3~t13~ N'~1't•E9-ft1~~-~fiF'dtiet-QI'Z'~'.tqt£~~i3~-~3IL'}' T'Y~'OG; Dcr~'uIi{$OL1S- Eleewiecg~. S~ct-F}a:hing-Sigg-~reest-and-ing ~~i:1=r~~-9~ie»teEl-Si~tr,~-1-i~-k~tritsi~-~~~,fiej3-f~i~,~z~•~,n~R~~~~ividatri _ . s , _ wensity •~g.-1v4ontiffleftt 5i,~3-Msrltiple43us'sHesses, Aleneonfentrint-Si;~ _ ^~~,-~m °H• n.q~s-Sit~i,-pomble 'gign; Reade~tied; Rae€Si<-Site-SUPPOFRi-Stf-Ucstcrrc(-..,, T,... r:,,.,d-Sign, -r•- c;,`..d r:~, v:idecrB , WWI 1-4.804.040-Rtcnpt- The-felkxving-s11uF1-noti:equir-e-Et-s4ip-pe~it,-pra- --icle"xrt-die'Reekentphens-s1*1~ !elieviug-tlie ewn er. ff-am-die-i°espons ib ilk),-to -eoiijply wi tit the-prov" ' . . . f~Etoy~ Oie-Ufiiferit . . ~ , gttig-eftheORr-d..:,-,' "d"_t"•••'d ,•i-s3i11ilAP-9t~R ~n--r~it'cc^-,iiRli- ~c'6l~E:ft~1'rC~~t~l:ca- vr- rcpiniz.fl~-e$p~- b-N1E1~~., F"d#3~It1TL'-of-f1OffiYal--m9Hl1t1•a•_"e, • ••t• , srNtt,'EtkFE31 . .•r-crr-c~ccz~""'ric$:ZilfHige-1srtli$de. nsas;-pet~~ he i3- ~ ,.;9-ns-otrec~fivy Fight3--tr€--% _vftv~t'ded~,ii-gfruned-for-leeafjen-by-th -Spokasie-C~a+nEy i- Ei3giaee~ .44 .804:850=Y rvllib+tecl-Siops The-€el}ewing-sigt.ts-afe. p€ohNttl-i° ~,L,-o_~.es-uuless-aEheswise-spciei.f~aiIN-pef+ft-iEtzd- 1. sigwi whieli-bY-eolefin ,l~ape-tveFdifig ar-Ec~atie;; f „ ..r,:oa-wtft#Fie eantfv!-sitns-c~s°-der;ees: ?-Sigtt~~-etttetfa-ff e. "s-Flas hifig-"i-ens- 5-Al!-porgeble-r-e-ader~~ ar(L.: €--41l-~c~rt~-~~ ''_--~a~-~~t~a~~..,n a~~~~ltreed-c~+j-a parked-efi-piA tie-o- ~1fli}-9~9ft~-ftCjE-~E`tSl~liatfif@E~-8~-f3fH~li~ti~:•"' :a„"•;r,,•laEto . , @11-ti-VZ}?tCl2ojeti'3E3E3g S-Ree1= °.eo--*trai;d-,,. ~-0--13i1 ~ a•~i:RH4.l~fi(! Si~~s ~:___=~~~-iit~l~►+~4-it~-~bi~~lCetit~-»~f-~r~~if~eifi-~C-I~S~9 le-#~lawing. s-es-Nr•a~~,,,~,~n;_ ~-E3e~1t:EU~-ES a~. •r. 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"t'i.,. . .'o .1~..~1 bbe . - tiar, . S L. . . g ~ ' c ` lec3aFc'f. 3 a •us ' ~D'vL~r. ''o'Ti `vie et , ° -er-rrcarrern i,'ceiiaecrc7 - ~i:iicii-~aaric- arftS°. 9ee0fit2Yc Vt915Eiki. . , g . . . .~@ii*lti~'-68N~Yt3f~tt3: ' til-~-13E-.;~H-S~t2~~UIjSiSE~@~Ct?lTI~lll~+l'•~ttT}fllll~'-I1Ni~PifrEs-~at{l}ai~t~i ~ . , i _ 'r hied-er-mrj3-+i)attinflted eiEt e-plfste+ec lt-ttc.i::-~ae~^-lr~e~tti;e!-trre-~r~~+tsive~-lErtielsc~p~ii~i~et~~ntd ~ Q. a-:a ba~3e:t;-L~$£y,~-~Ct1f1EtE2l-Eli~lf1~11[l1~~Z-9llflV-UZ'(?B!'llit~fB(~.iV'EEI~-Df~HSYEtitt-~b1'-l2H~jfPf''f1f1}'61j~f`2tili$B9'ttSt'-(~1]~V~ - . . , c,:,..e . s;g.,;r.1'he a . . ~ -ed, the _ . _ . ~s; . , ees-ao~~vz-n-sitrzi£~e~t-od~~erse-i~~~t-~r~-i~eaifiva°esi~et3e~-cr-is3stfitt~t~ei2s- 7~t~;--'+~e#~eet-~att~~eve~e~~ae••sigms! _ . . ~ ~-~'==c pRj"'~'-`c-,-- lej3e►x--~tti~ir3~-ee»tr•t345Et~tift£3El.~fi}~3d~eeFlEr~leiar-einQice- . .t v v .L ~.t.-imetieft . t'rEy-dttftttL - , pfc3vid£d-Ehfti-atid ~tg . . , e~'~6e-te~re€r~ie-si~+rstr i~reel-e+j--~+t~»eli-t~3e-sygtt-ia-~e~e~~ sian sI,..~4 b,... ,.,1 pr-ieF ,-.4:~-b"dtflg-tR9j?E°eHfaRS-~ . Lge . gl3ftll-be-flM)tflfftified fei- a ~.''2`fffd-ti3 BYtHSiOFI-11't8y-ti.?FEt't1i~-EEic'.-Oi~-E'~~%#2F-EItT"tQ t•lj~~Hers;'c~e~l~~rw-e~=r1~e-~r~~~et- (3.-~ti.fl ~-E41fl LCV~ i~~li c~-R-~icle~ni~rb~tr-ivtr{t~~- 34- _ ezsigt3(s) adver~ising the atrle,ei~~a►~~tEr4-uf ,..,.a . , . Stieli . a . ~e t$t=~rcca, ,:Tnnked infB-E{i"fFHC' f.~. . a , qguai:e~t-ECi3c}-1~ned in liei~~iF~~E H-~-f~ea-~~,tr,~~-~aFade-4K~~~-e-w,~e-{~-sEfbftfe-le sit-qi . (-r agrieuhural pr-op~~-ef-fw~ttty-(~U~-~e~e5-e3-~Qr~-~uitl3-~~~t1-et-~x~~iD e~a-si~e: ~-Ce~rle~t~ie~i~cck~st~ea!-cssr-~riprope~~Fw-On~•~~-}-t~m~~e~r~=wo~-pr~~ises-si~ie-Htl-~rtfei~+r-th~-sctle,':.^^,. _ef•°l '',h,.',i.:ia;.,:. c,.,.• aiid ed ~eight-fe ia~14~-feet-tiba~~ra~~- i : b,. ,le,. . e€:eU e- Apen . rd• i ,.t,. » _ ~ di'E:e~ sff Stteh : a . . , . f-OF ~@~e'9k~fli3-H~~9{~5~10 ~I-~e-i~~~~°~~en-ii3ey)1`F~~.1L' (~-l5-ft ~E3'1~'Y"l~~Zll~(!f-9tiitll C'~ lEl~ C'Itl$~Z(')t'14t3-$I10~~'~C~lH3Et~'~~f.'~-FtHE~ .hiill be lifiiiEL-d r,. , tc~ ,tl3firf-~£~?t-ftHd-litl3tkzc~-ti3-Et@3~~~tt- three. r., • e-L~4eeti~~~i~1~y-~~li~nea~le-fljes~;~~~l~ai~e-~jeH~i~-if~-B~siaess-(L~-~,txl-B~-ci~iEl-I•~~.~t~i~~-(-4-~-e~''~-~; Qestc.~-ii~-aee~t~ktitee-~~ifi~t-t~►e-~te+ ~ . „ 3•4i044M-SigH Stm:-'..'•~rzrri.r ici4Ct3Ft1tfltFaftEI-RCS}(IefiNtNl-ZflttESr.d1-Fi+, n~crsc-'ar':v- Rii-10,-RC- \ t tu~ t~l:P6t1~~~►, T.-cr.c ~2T) •Sii.. .,~zs-are-~e~°H.:,..,.~~i~zi~iet~E~xr~-~f}~~elet.ttia~a~re~-~~-aee:~c•de3i~~~EFi~.a~e-ffr3~~~~~~~~ t~se~-~ii~k . sca~~~ ' . .Tn~~.E~l~te-tvl~t~~cw-er~uc~re~1~~-t3ae»e-~i~ -az~T«:= d~-e~ei~j . - , ' •r~e•cntii~cl; ~~N-ided tiitx-s~e#rs~~~ere~eeec~fi niax-intt*~-aren-e+=fi-ve -'.qtsere- . eifth[-&f4otir--(4) f-tehild :..;yc'idetx-is-lfitei-lit}~-fmi dy-ds, PenFe . , Hi~ -sideiiee. fitir-s =,:=senpfevi-&!d-ta3nt-st~eh--ig.LA..ll ,,.a tiat ~+ttr~tft-of=five-(5)-r:Euw-feeF-s-fiie-,im-ic~-F1eigalt-@€-€aae=(4) feet-ebflve-g' . _ . : ~--„ri#ac}-S~grw-E-;-e . g teee+i-st~-eit-defited te, apply-tc-vigtiftee-sca+idftF&ypr-o e4in-T-ables-4 -fm4-4 -He! r?m,: :.,~ef-it s-iiieltrdea huHh: pabk~e-~: tiNel~tb Ollie-«flt--pttblie~kd~~t~„ ~€ctE»i!y-el~tV-~.'are-~~►~ eliftie, ct'aecefy-ar-Nitlittftfil ++-5~e1~blie: eaQe a suh~-F6 1elerganen iiu-ewgk3-citiiver3' hetipital: offieL'-HFkTLltAt@'gc7{~'L'CIHf~C; tf3t-kfT'l'.!'fllt7ti3N{t~-~Vft`iEc'it~E`~G-`~tll£ H'Q . , +ii-0€liee-tr e ' siness-er pt-a€~ ieria!-officr: G_.,..,.,,_.,:,., iOFher-oHoll-;nelud~etwuere- --~P-Ihan-t.has -fud-othec 6-t3fl -P[efiliseq %-04-5ign_;-AFe-Fletwjtttiihenat]cl-9c-~ -ho..m -r..bl,. ` W,.ll -e p,. ..d fl^ _ -~zst-the- t~ building': ; i ,k°~ :--'~~R~es-s~~a~jeet-te-v~I- d-it ~if~r-ttrj~ial--~ +ttduaEr-ifr}5-e~►e'ras-sk "'-,:ed in Seer•ion-i4.804.0,99- A.nNff\'IS'I`RATIOT7 OF DEN'LLOPIVJ]:\'T REGULATIONS I " ~m-tie:e-LArticlc 11 $ection 10.02.1:12 . Aeari»g Cxaaiiner ~ 1U.02.f12.010'.T~~10Purposc. The purposc of this article is to establish the autbority and process for regulatory hearings which will provicle: A. A prompi opporlunity for a hc:arinn and decision on certain land use permits; itppeals, a]leDed viAlations of land use reeulalions, and such other mat.ters as may be assigned to t.he laearirig examiner. B. Procedural due pmcess and the appearance of fauness by conducting hearings before a fair and irnpartial exitminer competent in the fields of land use and regulatoiy requiremcnts. ~ I0.02.02.0204-9-4-5,82-0 Office crcated - Duties. Pursuant to 12CW 35A.63.170, 36.70B.120(3) and Chaplc:r 58.17 RCW, the office af hearing examiner ("eazminer") is created. 1'he exdminei• will conduet hcarinos, in[ei-pret, review and implement Land use rev--ulations and other regulatory requirements, make decisions and orders and perform such other duties as miiy be assigued. 'I71e tenn "examiner" i.nclucies dcputy eaaminer, examiner pm tem, or substitute ~ exa.miner. The legal effect of the heariug catiminer's decisions sball, depending on the matler, be: A. .A recammenclation to the city council; B. An administrative decision appcalable to the city council or superior court; or C. A final decision of the city couneil. I 10.02.02.113010.35:939 Appointment. The exanivler will be appointed tlirough interlocal agreement privaLe eantract, or be an euiployee of the Citv. ~ 111.02.02.0403445:+148 Rcmoval. The examiner may be removed from office at any time for just cause by ati afE`irmative vote af a majvrity of the whole membership of the council. ~ 10.02.(.12.05II40.-15:059 Qualificatiovs. The examiner will be appointed solety with regard to qualifications for the duties of the office and must have training zind cxperienee in land use planni.ng and zaninb issues, including a license to pi-actice iaw in the staie of VVashington. The zxperience must qualify the person eo conduct administraiive and quiisi- judicial heariugs and to discharge other conferred fuuctions. The extwniner will hold no othei• elective or appoinLive officc or positaon in the City. I 10.02.02.1:16010.46.060 Compensation. If the examiner is appointed through an interlocal agreement or private contract, compensat.ion will be as negotiated between the Ciry and the examiner and/or the exaniuier's employer. If the eaaiiiiner is a City staff position, compensation shall be as set forth iu the City's salvy schedule. I 10.02.02.07010.35:070 Powers. 1'Ue examiner shall receive and exaniine available information, including environmental documents, adininister oaths and affirmations, examine witnesses; nile upon offers of proof, conduct public hearings and prepare a record thereof, and enter fi.ndings of fact, conclusions of law, and dc:cisions on: A. Appeals from any decision of the department of plwn.ing in the admiiustration and enforcemen4 of the dcvelopment regulations (r.oning code) or other land usc co<le or regulatinn where an appeal to the hearing eaaminer is specifically authorized; B. Applicacions for conditional use permits and suspension or revocation of such permits; C. Applications for variances; !7. PreJiminary plat applications; E. Appeals of Siate Envirocuuenial Policy Act detenninations; F. Plat vacations anci altcrat:idns; G. Applications for shoreline perniits; H. Applications for z►ny otber idcntifctl land use regulatory permits which may be required by ordinance; and 1. Applications for site-spzcific zone clianges and planned unit. devclopment; J. ApplicaLions Cor a ehangc of concticions or modification to w approved zone chanpe, preliminary plat, clondiiional u5e pennit. or otlier applieation rcyuiring a public hearing; and K. .Any other matters tha4 the ciry eouncil may refer by mot.ion or orclinanee, specif eally declaring the rnatter may be heard by the hearing examiner. ( 10.02.02.0804-E1.3Freedom from improper influence. 'No person shall attempt to influence ihe examiner in any matter pendiEig before the examiner, exccpt ptablicly at a public hearing duly called for such purpose, or to interfere with an exarniner in t.he performancc af the esamuler's ducies in an}, other way; provic]cd, tha4 tliis scction will not prohibit the city atlorney from rcndering legal setvices to the examiner. I 10.02.02.09010.35.09 " Conflict of interest. Tlie examiner shall nnt eonduct or participate in any hearing, dCCiSiOn or recommCnClatipn in which tbe examiner has a direct or indirect substiintial firiancial interest, or concerning which the exanicyer has had substantial prehearing contacls tiriih pinponents or opponents wherein the issues were discussed; nor, oii appeal from or review of an examiner decision, shall any rnenlber of the lc;gislative Uody who has such an interesi or has had such contacts participate in the consideratian tberzof. This is nnt in[cnctecl to prohibit necessary or proper inquiries on rnatters sucb as scheduling and peocedure, but any such contacts are to be e•ntered into the off`iciiil record of the proceeding. VArhenever possible, such inquiries and the resronses to sucb inquiries shtill be in writing. 71he office of the exatniner will be separate from and not a part nf the plaiuung depariment. ~ 10.02.02.1f410:35-109Ru1es. The examiner will presc:ribe rules for the scheduiling and conduct of hearings and other procetlural matters related to the duties of his off ce. The nales for a heazing will provide for the tak.ing of swoni testimony and rebuttal, ancl may authorize [he exatnuier to limit the time allowed to parties testifying on an c;qual basis and time l.imits on rebuttal. Cross examination of witnesscs may be allowed by the examiner. The rules shal.l be approved by the city council. ~ 10.Q2.02.11010.31-5.11A Decision - T.,egal effect The examiner will receive and exaniine available information, make site visits, tttke officia) tiotice of tnatters, conduct public hearings, preparc a recqrd thereof, and enter fmdings, decision or recommendations as provided in this section. A. The decisinn of the ekaminer An the following matters shall be final and concl«sive ancl bave the effect of a fmal decision of the city council: 1. Applications for vari3nc -rs; 2. Conditionai use pemuts; 3. Spccial use permits; ' 4. Slioreline permits, when a public hearing is required; 5. Preliininary plats; 6. Appeals fmm any administrative decision of the deparxment of plamii.ng in the aciministratiou or enforcement of die zoning cade or other land use cocie c}r reoulatiou; 7. Appeals ou State Environniental Policy Act determinations. B. The decision of the examiner on the following matters shall be t*iven the effect of an administrativc decision appealable to t,he city council: 1. Siie-spccifc zone changes of properiy, includuig any e;nvironmental determination (under SEP4); 2. Planned uiut developments, ineluding any environmental determ.ina[iQn (under SEl'A); and 3. Anyo ut.her iApplications or appeals that the city cowicil may refer by motian or ordinance, specifically cleclaring the bearing examiner's decisinn, can be appealeci to tiie city coumcil. C. '["he dccisiots vf a miitter listed in sursection A of this sectio», except for a shoreline permit, sball be given the eCfect of an administrative decision appcalable to tlie city cOuncil, if it is related to a decision on a matter listed in subsection B of this seetion that was beard concurrenily and that is appealecl to tbc; City. D. In addition to the powers set forth }ierein, the examiner may: 1. Regulate the course ofi'the hezu-ing in accord with dhis article anci other applicable laws and rules; 2. Hold conferences for the settleiiient or sirnplification of issues Uy consent of the parties; 3. [7ispose of procaduual rfx{uests or similar matters; 4, Take such other actio►i authori2c;d by ordinancc. ~ E. The exiiminer is hereby empowered to act iti lieu of the board of adjustment, the planning co►nmission; ~ and such otller ofFieial, boarcls or commissions as may be assigned; foY• land use issues listed in SVMC ! l 0.02A2.070, anci o[her land use issues authorizecl by the eity eouncil. VVherever existing ordinances, codes or polieies authdrize or direct the city council, Uoat-d of adjustment, planning conuvission or other official, boards or commissions i.o under[ake cerlain tietivities which the examiner has been assignctl, such ordinances, codes or policies will he coiistrued to re;fer lo chc examiner. ~ 10.02.02.120+045-140 I..and use issues - Report of planning dep:ii-tmcnt. On iny land use or regulatory matter coming before the examiner, the planning department will coordinate aiid assemblc t.he review cyf other City departments, oavenimental aDcncies, and othcr interested parties and will prepare a reporl summarizinb the factors involved and the department's fmdings and recommendations. At least five calendar days prior Io ehe scheduled hearing, the repori will be filed with the examiner and copies thereof mailed to the applicani antl made available for public inspection. Copies chereof will be provided to interested parties upou paymcnt of reproduction costs. ln thc event that infnrmation to be provided by the applicaiit or other parties, outside of Ciry controL has not been provided in sufficient time for filing five days in advance of the hearing, the hearing examiner may reschedule the hearing and noli.Cy in[erested parties. ~ 10.U2.02.1301-'.'o lZeport to and mccting -trith planning coRimission and cih, council. The examiner must repon in writing to ancl, iCrequestcxl, meet with the planning cAmiiiission and citv council at least a►inually for the purpose of revicwing the administralion of the land use policies and regulatory ordinances; and an}r aniendments ta City ordinances or other policies or procedures which wauld improve the performance of the exa.miner process. Such report rnay include a summary of the examiner's clecisions since the litst repnri. 10.02.02.140143-55rW Reconsideration. ` Any aggrieved person upon good cause that the decision of the exatni.ner is based on erroneous procedure, error of law or fact, error in judgment, or the diseovery of new evidence wh.ich coulcl nal have been reasonably available; at the hcaring, may make a written request for reconsideration by the eaa►niner within 10 days of the date die decisi4n is rendered. Tt?is request must sct fortb the specific errors or new infomlaiion relied upon by such appellan[. Ttie examiner may; after review of'lhe record and materitjls, take furcher aetian as apprnpriate. I 1 [1.02.02.15(4-9.35-1-50 Appeals. Unless provided othenwise by this article or statute (see Chapters 36.70C ancl'90.SS RCW), any aggr-ievod person may submit a written itppeal nf the examiner's decision to the council within 14 calendar days from the date the Cmal decision of the exziminer is renclered. For purposes of this section, an "aggrie_ved person" means an individual or entity who appearecl and submittcd test.imony or eviclence at the hearinE beforc the cxaminer. The counci.l shall hold a closed-record hearing on the appeal. Sucta written appeal shall alleee specific eri-ors of law or fact; specific procedural errors ar err-ors in tbc intcrpretation of the comprehensive plan or developrr►ent rcgulaLions. Upon sueh written appeal being filed withlin the time period allottect and upon payment of fees as required, a heiriug will be held by the city council. Sueh hearulg will be held in accord with appeal pmcedures adopted by the city counciL lf the eaaminer has recornmended appraval of the proposal, such recnmmendation will be considered by the city couneil at t.he same time as the considcration of the appeal. The examiner's decision will be ptvsumed to be correct and supported by the record and law. `Vbere the e;ca.miner's decision recommends approval of the propos3l a.nd no appeal has been filed %vithin the time period set Iorth above, the city manager or designee shall nlodify the affical z,oninv map of the City according to the hcaring examiner's decision. The iuodification ot'the zoniiig map completes the eaaminer's decision and shall be considered the final ~ legislative action of the city eouncil. Such final actioa, for zoning purpases; is considered an "official control" nf the City by exercise of its zoning and pla»ning authoi`it), pursuant to Washingt.an law. I 10.0 2.02.1603$3-5444-lncurqo ration b,y reference. Pursuanl to RCW 35A.12.140, the City of Spokane VaUey incoiporates by refErenc:e Spokane County Resolution 96-0294, attached to the a'dinance codified in this article, to the extent it is not inconsistcnt with this article. Said resolution will be of no fiirther eff"ect upon lhe adaption of the rules specified in SV`MC l 0.0?.02.1U0. .I.n the event of a.n incnnsistency betvveen tbis article and thc; ahove Spokane County resolution, tt►e ordiiiance codi .fied in this arcicle and other City ordinances and rules shall supersedc ancl control. A+bekc~Application Review Frocess 10.08.03.0011.035Authority to aclopt interim application review procedures for project permits. Pursuant to RC~,I~ 35A.1 I.020 and 35A.12.140, t.he City adopts by re;ference tUe Spokane Counry "Application fteview Procedures for Project 1'ermits" which is attached to the ord'uiance eodified in this article as Exhibit A and fiilly incotporated by khis referencc as if sei forth in full. References to Spokane County in the appl.ication review procedures fot• project permits shall be const.rued to mean the City of Spakane Valley ztncl references to county staff shall refer to the city inanager or designee unlcss the CUntext requires Oiherwise. i0.35. ' _ eefittift , s. 1 m+9- Te4he•extent thig! ae~=-043er- , g 7C~C7zl.1Vf.'17in ~he epp1• ~ p[Vec.c[UlT.r1Vi . . _ . , 'SCQ if:-#hiq aiiieees~Jfl~'-Of 2effiseetien! te estabHsl3-the--N-a#idi-ty-e+t~ f t~je-t~iea~i~n-r~~i~-i-~~eeci~rc-~-€c~~►r-Ejec~pe°--a '~~~~e13-}~-.. ,.r*►,o ~~.~c~~:-a , , , o _ 6--r•cenee. 1n : innv.o ; -rcr-~~Tnv-«L~F~e-t6-~3@&Hf~~ 'A; dte-ftpjilieatii~i~'e",. iPff~e!et j-ernrit. rRffflee-eed-i€ed in-i3iss ffftie;e-t;e&r-Ee-p#t*-H ~ , . 3~-a{~~ett' ~ h, y ,..m . 5t4je 4i "'li-serve-inr-0-S' ~r~cs r-rmcTC~~ 'ijQf_ ~r. _ H~-affy-}~333@. '{it oi: ...F., .'2 Appheation ft- "r t:; E@dt e-orainafiF:- Are ; this ,I=iaoi•kt-y- ~ e~~~~~~i3~c►~FEt~:~~~ol~ra~rl-!~}~i •~~23pEw,tbi-1i.J-€ . with e ~sto~z~ _c,~-~=«re ~~°.z«,e+~~~rt~s=~'►... jjftftee -.a:f:-.., tstffetidept m elt . c-~ke-ger~eHl-~tc~il~1-~€~e-nc~E-i~iEett~ke~-E~Fe.et-fn~r}~tr~ieultii, elas „ • ffgairiztrt-iafaa. CITY OF SPOKANE VALLEY Request for City Council Action ~ i Meeting Date: March 8, 2005 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business [x]i new business ❑ public hearing ❑ information ❑ admin. report 0 pending legislation AGENDA ITEM TITLE: First Readinq: Consideration of an ordinance amending the Sign Regulations GOVERNING LEGISLATION: Spokane Valley Municipal Code Article V Signage Standards Section 10.30.660 amending the interim Zoning Code Chapter 14.804. PREVIOUS COUNCILlCOMMISSION ACTION : City Council was briefed on the progress of the Ad Hoc Sign Committee on July 20, 2004. Mr. David Crosby, Chair of the Committee, reported on the findings of the Committee on October 12, 2004. On December 9, 2004, the Planning Commission met with the Ad Hoc Sign Committee in a study session to review the Committee's recommendations. The Planning Commission held a public hearing on proposed amendrnents on January 13, 2045, and recommended approval by a vote of 4 to 2 with the Chairman not vating. City Council was briefed on the proposed amendments on January 25, 2005. BACKGROUND: Chapter 14.804 of the Interim Zoning Regulations regulates the placement and dimensions of signage. The Ad Hoc Committee was charged with the "review and update" of the existing regulations. The Committee met on a regutar basis from mid-June through the first week of December, 2004. The meetings were held in the Council Chambers and were ~ open to the public. Committee deliberations were also posted on the City's web site. Signs are classified as On-premises (advertising goods or services on site) and Off-premises. Billboards are off-premises signs. On-premises signs are either femporary (e.g. real estafe sale) or permanent, and may or may not require a permit. Permanent sign types include attached or "wall" signs and free-standing signs. Free-standing signs include both "pole" signs and monument signs. Permanent signs require a permit. Local government may regulate the time, place and manner of commercial "speech", but may not control the message. The Committee has recommended amending provisions which are not inconsistent with the Interim Comprehensive Plan imrnediately, including: • Updated definitions • Updated height, maximum copy area and spacing standards • Measurement of irregular signs The Committee also recommended amendments which should be considered following the adoption of the new Comprehensive Plan, including: • Amending "aesthetic corridor° designations within Spokane Valley • "Cap and Replacen for billboards The draft ordinance was forwarded to CTED for their review on November 2, 2004. A Determination of Non-Significance was also issued on November 2, 2004. The comment period ~ expired on December 2, 2004. CTED has not commented on the draft ordinance. Administrative Report Sign Regulatians Page 2 of 2 OPTIONS: Provide additional direction to staff and the Planning Commission or approve for placement on a future agenda. RECOMMENDED ACTION OR MOTION: "1 move fo advance the proposed ordinance of the Spokane Valley Sign Regulations to a second reading." BUDGETlFINANCIAL IMPACTS: None. STAFF CONTACT: Marina Sukup, AICP, Community Development Director ATTACHMENTS: Draft ordinance . DRAF°i' CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 05- AN ORDINANCE OF THE CIT'Y OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING SECTION 10.07.09 SIGN REGULATIONS OF THE SPOKANE VALLEY UNIFORM DEVELOPMENT CODE, REPEALING ARTICLE V SIGNAGE STANDARDS SECTION 14.804 ET SEQ. OF THE SPOKANE VALLEY MUNICIPAL CODE 10.30.660, PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City of Spokane Valley Ordinance No. 03-053 adopted the Spokane County Zoning Code as Interim Development Regulations pursuant to the requirements of RCW Chap. 36.70A; and WHEREAS, the Comprehensive Plan Goal Goal UL.S "provide for an aesthetically pleasing urban environment and encourage the maintenance and enhancement of natural and cultural views;" and WHEREAS, Policy UL.5.5 is to "(ejstablish standards for the scale and intensity of commercial signs that protect views and minimize signage clutter while still allowing adequate business identification;" and WHEREAS, a public hearing was held before the Spokane Valley Planning Commission to provide the opportunity for public comment on the proposed regulations; and ~ WHEREAS, the proposed development regulations must be submitted to the Washington Department of Community Trade and Economic Development pursuant to WAC 365-195-620; NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Section 10.07.06 of the Spokane Valley Uniform Development Code is hereby established to read as follows: "Section 10.07.09 Sign Regulations Section 10.07.09.01 Purpose, Intent and Scope Signage regulations are intended to promote commerce, traffic safety and community identity while improving the visual environment of residential, commercial and industrial areas. Signs are classified as off-premises signs or on-premises signs. On-premises signs may be attached (wall) signs or free-standing signs. Signs may be classified as permanent or temporary. Section 10.07.09.02 Definitions • Abandoned - a sign that advertises a product or service no longer available or a business no longer in operation; a sign which is illegible, non functional, in disrepair, or hazardous as a result of lack of maintenance; a nonconforming sign structure that has lost legal status as a result of abandonment or lack of use. • Billboard: A structure for the purpose of leasing advertising space to promote an interest other than that of an individual, business, product or senrice available on the premises on which the billboard is located. Ordinance Sign Reeulations Page 1 uf 10 DRAFT • Building Sign: An extension of a building (e.g. awning, canopy, rnarquee), whether , permanent or temporary, which contains copy. • Bulletin Board: See Reader Board. • Code Enforcement Officer: The authorized respresentative of the City of Spokane Valley with responsibility for code compliance. • Copy: letters, characters, illustrations, logos, graphics, symbols, writing or any combination thereof, designed to communicate information of any kind, or to advertise, announce or identify a person, entity, business, business product, or to advertise the sale, rental or lease of premises. • Copy Area: the area of the sign containing any copy, symbol, sign, logo or graphic. • Directional Sign: Any sign relating solely to internal pedestrian and vehicular traffic circulation within a complex or project. • Electronic Sign: A sign that can be changed by electrical, electronic or computerized process; inclusive of video boards. • Flashing Sign: An electrical sign or portion thereof which changes light intensity in a brief, brilliant, or sudden and transient outburst of light causing a steady on and off, glittering, sparkling, or oscillating pattern. • Freestanding Sign: A permanent sign not attached to or forming part of a building. • Freeway Sign - A permanent free-standing on-premises sign or billboard located on a parcel adjacent and contiguous to Interstate Highway 90. • Inflatable Sign: Any temporary hollow item or character expanded or enlarged by the use of air or gas. • Menu Board: An on-site display of inenu items at a restaurant; not meant to be viewed from the street. • Monument Sign: A sign and supporting structure constructed as a solid structure or one that gives the appearance of a continuous, non-hollow, unbroken mass. • Multi-Business Complex Sign: a sign with a primary facility name and a list of the individual stores or businesses mounted on one structural element. Such a sign type includes signage describing a mall arrangement, a strip-center development, an industrial park cornplex, or a multi-business structure or complex of buildings with a unifying name and a listing of businesses contained within the grouping. • Mural: A work of art applied directly to a wall, ceiling, or floor surface where forms andlor figures are the dominant elements and not intended for commercial advertising. Any form of wording or logo shall be of secondary nature to a mural. • Name Plate - a sign showing only the name and address of the owner or occupant of the premises. • Non-conforming Sign: Any sign evhich was lawfully erected and maintained on private ~ propertv which novr, as a result of code amendments, does not conform to all applicable regulations and restrictions of this chapter. Ordinance Sig;n Regulatioiis pave 2 ot• l 0 DRAFT • Notice Sign: A sign intended to safeguard the premises (e.g. "No Parking", "No Trespassing", "Watch Dog on Duty"); or which idenfifies emergency telephone number, hours, and security information. • Obsolete Sign: A sign not removed within thirty-six months by the owner or lessee of the premises upon which the sign is located when the advertised business is no longer conducted on the premises. • Official Sign - a sign erected by a governmental agency within its territorial jurisdiction for the purpase of carrying out an official duty or responsibility and including, but not limited to, traffic signs and signals, zoning signs, and street signs. Special lighting or banners celebrating seasonal or civic events sponsored and/or endorsed by the City Council may be Official signs. o Off-Premise Sign: a sign displaying copy that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located. • On-Premise Sign: a sign which advertises or directs attention to a business, person, organizafion, activity, event, place, service, or product which is manufactured and/or available on the premises where the sign is located. • Portable Sign: A sign not permanently attached or affixed to the ground or other permanent structure, or a sign designed to be transported or moved from place to place, including, but not limited to signs designed to be transported by means of wheels. • Reader Board: A sign face consisting of tracks to hold readily changeable letters allowing ' frequent changes of copy. • Roof Sign: A sign supported by and erected on or above a roof. • Sign Area - the gross surface area of the sign, including a single surface of a sign with messages on both sides, the sum of all surfaces where two or more signs share a single structure, the gross surface area of both faces of a V-shaped sign; and the copy area of a monument sign. In the case of an irregularly shaped sign, the sign area is calculated by enclosing the extreme limits of the sign by no more than four (4) rectangles. The sum of the area of the rectangles shall be the gross surface area. The maximum allowable area is reduced by 10% for the second and each subsequent rectangle used in the calculation. • Support Structure(s): Posts or columns and the anchors and bolts that structurally support the sign attached to it. • Temporary Sign: A sign which is to be removed within a specific period of time or upon the occurrence of a specified event meeting the height and area requirements of Table 7.02; inclusive of inflatables. • Three-Sided Sign: A sign with three faces. • Two-Sided Sign: A sign with two faces. • Use(s) - General use categories or specific uses within categories as follows. o Institutional Semi-Public include a churches, public park, multiple-family dwelling, dormitory, fraternity, sorority, nursing home, retirement apartment, public building, child day-care center, family day-care provider, nonprofit community hall or lodge, animal clinic, cemetery or sanitarium. Ordinance Sign ltcgulstions Page 3 of 10 DRAFT o Institutional -Public include a school (kindergarten through university), hospital, police station, fire station, post office or public golf course. o Office -include a business or professional office. o Commercial - include permitted commercial uses other than home industry, home profession, and those listed above. o Industrial - include permitted industrial uses. • Video Board: See Electronic Sign. • Wall Area - the two dimensionaf respresentation of a building elevation, including windows and doors, excluding eaves. • Wall Sign - A permanent sign attached or erected parallel to and extending not more than fifteen (15) inches from the facade or face of any building to which it is attached and supported throughout its entire length, with the exposed face of the sign parallel to the plane of said wall or fagade. Signs incorporated into mansard roofs, marquees or canopies are wall signs. Section 10.07.09.02 Prohibited Siqns The following signs are prohibited: 1. Signs which by coloring, shape, wording or location resemble or conflict with traffic c4ntrol signs or devices. 2. Signs that create a safety hazard for pedestrian or vehicular traffic. 3. Flashing signs. 4. Portable signs 5. Signs located within the public right-of-way, except official signs. 6. Signs attached to or placed on a vehicle or trailer parked on public or private property, provided that this provision shall not be construed as prohibiting the identification of a firm or its product on a vehicle operating during the normal course of business. 7. Signs obstructing visibility within any Clearview Triangle as established in Section 10.07.06 of this Code. 8. Billboards Section 10.07.09.03 Permit Required. 1. A permit is required for any sign excluding official signs fincluding traffic and directional signsl; seasonal decorations; merchandise displays; point-of-purchase advertising displays; national and state flags; flags of a political subdivision; symbolic flags of an institution; legal notices required by law; barber poles; historic site; monuments/ plaques; gravestones; advertising copy affixed to structures intended for a separate use, such as phone booths; donation and recycling containers;lettering or symbols applied directly onto or flush-mounted magnetically to a motor vehicle operating in the normal course of business; political signs supporting political issues, candidates or ballot measures; replacement of copy on signs otherwise permitted; and or other signs_noted on Tables 7.01 and 7.02. 2. Permit Applications shall include a site plan that provides the following information: a. The location of the affected lot, building(s) and sign(s); b. The scale of the site plan; Ordinanc.c Sign Kegulations Page 4 of 10 DRAFT 0 c. A scaled drawing of the proposed sign or sign revision, including size, height, copy, structural footing details, method of attachment and illumination; d. The location of all existing signs on the site including size and height; e. The location of signs on other property for sign types subject to spacing requirements; f. Approved sign plan, if applicable; and g. Tax parcel number of proposed sign. Section 10.07.09.04 Number, General Requlations 1. On-premises attached (wall) and freestanding signs shall comply with the requirements of Table 7.01 for maximum height, maximum allowable area, maximum number of signs, minimum spacing and setback requirements, provided however, that on-premises freestanding signage is limited to the maximum number of either pole signs or monument sign structures allowed per 300 feet of street frontage. i.e. if a single pole sign is authorized, no additional monument signage is permitted; similarly, placement of monument style signs will preclude placement of a pole sign. Tsbfe 7,01 HeE ht, Ga Area and S ecin R uirements Maximum Minimum ~ 2-. ~o `g o Q Sign Type 0 2 vi ~ n 9~ Additional Provisions Zoning District ~ ¢ Qarn Qo c ~ r E o 00 0 wo a :0a, a Z 2 U U w U w ~ ;70 0) On-Premises - Attached Wall Name tate 1 ~ 4 g nla n/a n/a nla N Inslitutional -Semi-Public 1 Na 2p nia nia nia n!a H Instituiional - School 1 ~ rVa 32 nla n/a nla nia Y 25% of tvall area in UR-22 onl Sin le Offioe UR 12 UR 22 1 Na 32 nla n/a Na nia Y MutH-tenant Office UR 12, UR 22 1' Na 6~p nla nla Na ►~fa Y 'One er buildin Commercial All Residential Zor~es ~ 1 nia 20 n1a n!a ~ nia nla Y CommerciaUlndustrial Zones (B1, 62, nla ' nla n!a nJa n!a Y ' 25% of wall area B3, IS, 12, 13 ' On-Premiscs- Fraastandln Subdivision or krea name 1" 10 60 n!a nia Na n!a Y • per arterial street fronla e Industrial Park/Area Identification 1 7 150 nla Ne nia nJa Y Institutional - Semi Public (ResidenUal 1 6 16 nla Ma nla nia Y hllaxlmum copy area may be Zone fncroased up to 60 sq, ii. tor Institutional-Public Residential zone 1 15 32 Na nla n!a nia Y monument signs 18ss than 7 feet in OfficelCommercial UR12, UR 22 1 15 32 ~ nia nla n!a n/a Y heighf DiretNonal Signs Ns Na 4 n!a Na Na nia N IndividualJMulti le Business (Pole Si ns Commercial, Indkidual Susiness (B1) 1' 20 50 n!a Na nla 5 Y ' Per aterial streel frontage per business erbuildin CqmmLrcial, Multi-business (81) 1' 20 100 nla Na nia 5 Y • per arterial streot fronta e CommerciaUlndustrial, Irndividual 11 30 nla 104 200 n!a 5 Y ~ Per street frontage per business business (82, 133, li, 12, 13,A4Z) per building Cammercialllndustrial DAu1ti-business V. 40 250 Na n!a 300 5 Y " Per stree: frontage and psr 300 62, 83, li, 12, 13, MZ R. fronta e. Freetivay CommerciaUladusfrial, Indivi(lueU Mulii- Business (132, 63, li, 12, 1' 50 250 Na nia 300 5 Y ' Per 300 ft 13, Mz) Orduiaiice Sigi1 Regulations k'1gz 5 of 10 DRAFT Table 7.01 Hei ht, Cop Area and S acin Re uirements Maxlmum Minimum o aL c ~ Sign Typc ~ ~m~I mA vx ~ Additional Provisions Zoning District ~ Q Q~ a w c ~6 u E ~ • E p r ac a~c zi ~D a • ~ m o 0 0 o Q a o 2 = U U:. U... tl) (A tA IndividuallMultiple Business (Monument Signs) Commercial, Individual Business (81) 1' 7 75 nla Ns nla 5 Y ' Per artertal street frontags Commercial, Multi-busfnoss (B1) 2" 7 75 n!a nla rUa 5 Y CommerciaUlndustrial Zones, z. 7 gp n1a n!a nla 5 Y ' Per street frontage Individual business (82, B3, 11, 12, 13) GommerciaUlndustrial Pdulti-business 2_• 7 90 n/a n!a 300 5 Y ~'er street frontage and per 300 (B2, 83, 11, 12, 13) ft frontaga On Premisos Free-Standln - Aesthetic Corridors Office (UR42, UR 22) 1 g 32 Na n!a n/a 5 Y Individual 8 Multi le Businesses - Aesthetic Corridors Gommercial(81) 1 8 75 n/a n!a nla 5 Y Commercislllndustrial (132, B3, 11, 12, 2•• g 90 nJa nla 500 5 Per street frontage and per 500 13) Y R frontage 2. Temporary signs shall comply with the requirments of Table 7.02 for maximum height, maximum allowable area, maximum number of signs, minimum spacing and setback requirements and limitations relating to time and events. Table 7.02 Temporary Signs 69aximum ~ . v m ~ D SignType Additional Zoning District E, 2) a~ Time Limit cm€ a Provisions z' i ci LL U) a° ci: ResedenNal Subdivision Roal Estate 1 10 40 1 Year Y MonaUuminated Banners, flags, pennants, In(lalables n/a n/a 30 dayslquartee 10 Y One renetival Sesrthlights nfa n!a 10 days 5 Y Contractor, Architect, Surveyor, Engineer 1 40 12 months 5 Y One extension Real Estate Residential 1' S 5 N 'Per road frantage CommerGalllndustrial 1 32 5 N Open House Directional 1' 3 5 5 N ' Per access street 3. All illuminated signs shall have lighting confined to the sign, and positioned and shielded to minimize impacts to the surrounding area(s). Gooseneck reflectors and lights are permitted on Freestanding and Wall Signs provided that lighting or glare does not extend beyond the property line. 4. Electronic signs shall be permitted on the same basis as other signs, sub}ect to height and i area requirements of Table 7.01. Ordinancf Sign ftegulatipns Page 6 oC 10 DRAFT 5. A roof mounted sign may be subsfituted for an allowed freestanding sign, provided that the •,..~height of the sign structure may not exceed the maximum height of the zoning district in which the sign is located. 6. Signs located within the airport hazard area shall conform to the location and height regulations of that area. 7. No sign shall be erected, relocated or maintained in a manner that prevents the free ingress or egress from any door, window or fire escape. 8. No sign shall be atfached to a standpipe or fire escape except Official Signs. 9. Any sign erected or maintained within five (5) feet of the public rights-of-way shall be smooth and free of nails, tacks and wires. Section 10.07.09.04 Comprehensive Siqn Plan Commercial development, shopping centers, industrial parks, mixed use developments, and hotel conference centers exceeding five (5) acres in size may seek approval of a sign plan specific to the development proposal. The Director of Community Development may approve a comprehensive sign plan that allows deviations from the strict interpretation of spacing, height and area requirements upon a showing of good cause; and provided that there are no adverse effects on adjacent properties. Any conditions imposed to secure approvals shall be binding on the Applicant. Modifications to the approved sign plan shall require reapplication and approval by the Director. If the Applicant and Director cannot come to an agreement, the Director's decision may be appealed through the Hearing Examiner. Section 10.07.09.05 Aesthetic Corridors 1. The standards shown on Table 7.01 shall apply to parcels adjacent to the following designated aesthetic corridors: a. Appleway Avenue (between I-90 and University Avenue) b. Evergreen Road (between Sprague Avenue and Indiana Avenue) c. Mirabeau Parkway d. Indiana Avenue (between Pines Road and Flora Road) Section 10.07.09.06 Siqn Location and Front Setbacks 1. Monument signs exceeding three (3) feet in height may be located at the property line outside any border easement, provided that the requirements of Section 7.06 Clearview Triangles of the Spokane Valley Uniform Development Code gave been rnet. 2. Pole signs with structural supports less than two (2) feet in width with copy area placed at a height of seven feet or more above grade may be located at the property line, provided that the requirements of Section 10.07.06 Clearview Triangles of the Spokane Valley Uniform Development Code gave been met. 3. All temporary signs, except inflatable signs, shall be located not less than five feet from the right-of-way. 4. Inflatable signs shall be set back not less that ten feet from the right-of-way. 5. All signs shall meet the vertical and horizontal clearance requirements of the electric utilities. Orduiance Sign Re;ulations Pagc 7 of 10 D RAFT 6. All freestanding and monument signs shall be located in a landscaped area. Landscaping , should be appropriately sited to ensure that signs are not blocked or obscured by trees or . bushes. Section 10.07.09.07 Siqn Area Calculatian Illustrations ti. Sign area for wall signs is equal to 25% of the two-dimensional area of a building`s elevation, excluding eaves and gables. 2. The sign area of a freestanding sign consisting of one sign shall be calculated as shown in Figure 7.2 below. The sign area of a freestanding sign consisting of more than one (1) sign shall be computed by adding together the total area(s) of all signs as shown in Figure 7.3 below, 3. Any portion of the sign not necessary for structural support of the sign or any structural PETEIS PRO GOLF support greater than two (2) feet in width shall be considered in the determination of the square footage of the sign. Figure 7.1 Sorder A f SIGN 1 B~ Maximum F,,. , SIGN 1 h4aximum Heigh! j h9inimum tieight Setbar.lc lsTGN 2 = 62 S]GN3 .1 B3 3 Propsrty Figuro 7.2 Line ProqeRv Line Figurc 7.3 4. A 10% increase in sign area is allowed for decorative framing or borders. Area calculation does not include decorative rocks or landscaping adjacent to a monument sign. 5. The sign area for multiple-sided signs shall be calculated as follows: a. The total sign area for a two-sided sign shall be calculated using one (1) face, therefore allowing both faces to be of equal size (for example a two-sided sign has two (2) faces with 18 square feet per side, therefore the sign area is 18 square feet). b. The sign area for a three-sided sign shall be equal to the total amount of sign area a one- sided or two-sided sign is allowed (for example, in item 3a above, a tvvo-sided sign is allowed 18 square feet of sign area per side which equals 36 total square feet. If a three sided sign is used instead of a one-sided or two-sided sign, the three-sided sign may allocate the 36 total square feet among three sides, therefore allowing three sides with 12 square feet per face for a total of 36 square feet of sign area). , Ordinance Sion Regulations Paee 8 of 10 oRaFT ~ 6. Irregularly shaped signs may be measured in the following ways: E- a > - is QYAC A T b ~ 21 o B N ~I a. Conventional Measurement: Total area = a*b b. Sum of Squares: Total area = Area A+Area B+Area C+Area D Section 10.07.09.08 Maintenance of Siqns 1. Any signage that has been approved or that has been issued a permit shall be maintained by the owner or person in possession of the property on which the sign is located. Maintenance shall be such that the signage continues to conform to the conditions imposed by the sign permit_ 2. Any damaged sign structure shall be repaired within thirty (34) days of notice. -3. Any signage which has been damaged to such extent that it may pose a hazard to passersby shall be repaired or removed within forty-eight (48) hours of notice. 4. Any existing sign that no longer advertises a bona fide business conducted or product sold on the premises, shall be removed by and at the expense of the property owner within sixty (60) days of notice. 5. The copy on a conforming sign that no longer advertises a bona fide business conducted or product sold on the premises shall be removed within thirty (30) days of notice. Section 10.07.09.09 Existinq Nonconforming Signs. Any permanent sign made non-conforming as a result of the adoption of these regulations may be repaired, but not structurally altered or made more non-conforming in any way. If the sign is removed in order to make repairs, it shall be replaced within sixty (60) days, or the permit is void. Thereafter, the sign shall conform to the requirernents of this Section. Notwithstanding other provisions of this Section, any sign or signs for which a temporary permit has been issued by the City shall be permitted to remain at the location or locations authorized by the permit for as long as the permit is valid and all the requirements of the permit have been met. Section 10.07.09.10 Billboards (Reserved)" Section 2. Repealed. Article V Signage Standards Section 14.804 et seq. of the Spokane Valley Municipal Code is hereby repealed. Section 3. Severabilitv. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Ordinance Sign IZegulacions Yaee 9 of 10 DRAFT Section 4. Effective Date. This Ordinance shall be in full force and effect five days after - publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. PASSED by the City Council this day of , 2005. Mayor, Diana Wilhite ATTEST: City Clerk, Christine Bainbridge Approved as to Form: Deputy City Attorney, Cary Driskell Date of Publication: Effective Date: Ordinance Sign Rcgulauions Page 10 c~f 10 Ctirr.ent Signage Standards 10.30.E60 Article V. Signage Stanciards Erom a public- right-of-wa}; merchandise dis- ~ J~ plays; Point-of-purchase advertising displays, 10.30.660 Signagc sttinda►•ds. such Fis product dispcnscrs; national fiags; ThE interirn zoninb code ehapter relating to sig- flags of a policical subdivision; symbolic ilags nage stantlFircls is amencled as sel forth below: vfan instin,tion; legal iiorices required by law; barber poles; historic site monumentslplaques; Chaptcr 14.804 gravestanes; struciures intended f'or a separate S1GNAGr STANDARnS usz, such a4 phonc baoths, clonation ancl recy- (Res. 2-0188, dated February 19, 2002) cling containers; lettering or symbols applied clirectly vnto Or flush-mounted magileeiczlly to Section: a motor vchiele opzrsting in the normai course 14.$04.010 Purpose; Intent and Scope of business. 14.844.020 Cienerxl Provisions 14.$04.030 DeCinitivns 14.804.020 General Pro-Osions 14.804.040 Exernpt Signs l. Penuit Required: 14.804.050 F'rohibited Signs Any on-premises sign shall hereafler be erect- 14.804.060 Siens Perinitted in All Zones in ed, re-erected, consiructed, painted, posted, ap- Comtecrion with Specific Uses plied or structurslly ahercd in aceordance with 14.804.070 Sign Standards in Auicul[ural this chaptEr fmd pursuant to a sign pemiit and Resideniifll 'Gones (LA, GA, signed off by Ehe laivisivn of Pianning avd is- RS, Rlt- 10, RC, UR, R-5 throug6 sucd by thc Division of Builcling and Code En- lJR-22) Zanes forcemenc. A sign permit s11a11 be required for 14.804.080 Si?n Standarcls for f3usinrss ancl each group of siyns on a sivgle SUppOTTlitg Industrial (13-1, F3-2, L~-3, 1-2 and stnicture installed sirnultaneously. Thereafter, 1-3) 7ones c:beh additiunal sign erected on the structure j~ 14.804.0$~ Cumpr~he.nsivc Sign Pl:~n Sian- must have a separate sign permit. The owner of darcls (B-l, t3-2: B-3; 1-2 and 1-3) a sign shall procluce a permit upon requesc. ~Zones Builciing permits shali be reGuireci as specified 14,304.090 Freestanding Sien Standarcls for in Tide 3 of ehe $nokane Count_y Code. : ,esth:tic C9rridars (Res. 2-03 l 5, dated March 26, 2002) 2. F'ermit Applications: 14,404.095 Sign Sli~udards fnr the Lidus[rial .AIE pennit application; rnr signs shall i.uclude Park (I-] ) 7one a site plan that provides the following infornia- 14.804.100 Sign Standard: for Mining (MZ) tion: Zone 14.$Q4.1 10 Sign Lacation and Setback a. `1'he location of thc affccted lot, buildincy(s) 14.l304. l20 Sisrn .Area and Calculatiun and sign(s); 14.804.130 iN43intcnancc oC Signs l4.$04. l40 Nlonconfurrning Signs b. Tlie scale of che sice plan; 14.804.150 Landscapino for Freestanding zind Motiument Signs c. A drawing of the proposed sign or siGn revi- 14,304.I60 Sign Illumination sion, including size, heisht, copy, smicnti'11 PoOtli:ko dctsils, mekhnd of att.aLhment and ilh.i- 14.$04.0I0 Yurposc, lntent and Scopc minatioa; The purpose and intent ot'ihis section is to pro- iriote eorrunerce; trFLffie safi:ry and cornrnunity d. All existing signs oci the site iiicluaing their identiry while iiriproving thc visual criviron- size and height; and rncnt of residcntial, commcrcial and indusU•ial .11•eAS e. Tax parcel number. r~ "I'his section oi'thc Coclc shall r►ot rV,ultu:.• truf- 3. SuMarc:a F'lans: tic anc1 direction.il signs installcd by u govrrn- Subarea plans fLpprovcd by the Board oE'Coun- , mcntal cntity or in a privntc parking lot; signs ty Comrnissiuncrs may incluc(e requirements nut rcaLlublc frurn riur iititcndccl tu bc vii;wed other than thuse provided in t1►is chaptc.r. l U-G4 Spukane V,slley Munieipal Code 10.30.660 14.804.030 Detinitians 2. Signs that create a saf'cty ti:u,<<rd for pedes- The folluwing words rind phrases are lisqeJ in trian, or vehiCUlar traffic. ~ Chapter 14300, laefinitiuns. 3. l-lsshiug signs_ t3illboarci, 73ulletin Bosrd, Electric Sign, Liec- cronically Changeabic Message Sign: Flashing 4. Porcable signs cxceeding nine (9) square Sign; Freestanding Sign, Frcetivay Orientcd feec. Sion, 1-Iigh lnteDsity Illumination, Tncidentsl Sign, Individual I3usiness, Lota' Lntc.rtsiry 5. All portable readerboards. Lighting, Monument Sioci, Muttiple Business- es, Nonconforming Sign; On-Premiscs Sign, 6. All porcable electric sijns. Ponsble Sign, Rcddcrboard, Raaf Sign, Sifin, Suppon Smicture(s); Three-Sidccl Sigu, Two- 7. Signs attached to or placed on a vebicle or Sided Sign, \%idr.o 13oard, Wall Sigrt. trdilrr parked on public or privste property, providcd tha[ this provision ;hall not be con- 14.804.040 Fxe.mpt Signs strued ss prohibitinc the identiFcation ofx Grm The followiisg shall not reyuirc a sien perniit, ur its product oti a vehiele oper3ting durill2 tlie provided that tbese cxtmptions shall not be normal coursc uf business. Franchised buses construLd as relievino tlie oumer f"rom the re- and taxis are i:xempt fi•om these provisions. sponsibiliry to cnmply with the provisions of this Code or any other law or ordinauce, in- S. Ftoof signs. elud.ing tbe Unifonn J3uildirig Code. 9. V"ideo boards. a. Tbe chaneing o(' tt►e adverrising r.opy or message on a lawfully erected sign, rcader- 10. Billbvards. board or sim.ilar sigm specincally designed for replaecable copY. 14.804.060 Signs Permitced in All Zoncs in Connection with Specific Uses I` ` J b. T'ainting, repainting or ❑nnnal mainte- The follow-ine siens tnay be permit#ed in any uance, unless a structural or electrical change zane, subject to the limitritiuns as provided is made. herein. c. Temporary banners and iemporary sirnis as 1. Bullecin Boards: nermitted liereir,. Bulletiia bozrds may bc perriiirted on the pre- mises of public, charitable or reli-eious institti- d. Resl estate signs as permitted herein. tions, subject to the follnwing. e. Incidental signs. a. Such sign shall concain not more chan tlurty- two (32) squlre f'cet in area on a farx and may f. f'olitical SiEns. be doubie-fxcCCl. g. 13ench signs on county rights-of-wsy; pm- b. No part of the sign shall exceccl a heiglzt ol' vided 3pproval has been grantc.d for !c►cation six (b) feet above the ground. by the tipokane County EnEineer. c. The sisn, if ]iebted, shall use lotv-intensity 14.804.050 f'rohibited Signs ]iehiing. ~ I'he foilow•ing signs are proliibitecE in sll2ones unless otherwise speciFcslly peimitted. d. A thirty-nwo (32)-squarz-foat, doublc-fac.c.d sigu, no highcr thdn fout-teen (14) feet above t_ Signs which b}' coloring; sbape, wording or grade, is authorized for a public or private Ioc.itioiti res£rnblc or con[lict with traf['it con- sc6onl on propcrty not less than three (3) xcres trol signs or devices. in size. \.J 10-65 10,30.660 2. Temporary Rcsiden[ial Subdivision or Areti nearby residetices or institutions. 'I'he tempo- N1Il]Z Slg115: I'ilYy use shall be restricced tu tliirry (30) days per quar#er wich one thirty (i0) day renewal per A ternporary rcxl estate sign, adveriising the quartcr. lf the perniit is renewed, the thirty (30) prUSpLetivi: sali: nr Icase o!' a 4roi.ip af lots or day periud for the following qusrctr is expend- dwellings +vitliin a tract or frpartment complex ed lrid the sign is not perrnirced during that shall be percnitted, subject to the f'ollowing quarter. conditions. b. A searehlight may be pcrmitted by the Divi- a. Thr. £reestanding sijn sha![ be Iocatec[ on sion for temporary on-prem.ises use only, noc the premises being sold or ]eased. exceeding ten (10) days, provided thac sueh display dues not have a signifiexnt, adverse im- h. The sign shall not exceed forty (AO) square paet on ncarby residcnces or institutions. feet in area on a f'ace and may bs double-flced. 5. Contractor, Architcct; Survr.yor or Fngineer c. The sign shali remain only as long as prop- SignS: ertv remains unsold or un-feased for the fitsi time within the uact, but not to exceed one (1) One (1) on-premises sign identifying the yexr.l'hc. Division maY extend the one (1) year project, developers, building conuactor amcUor time period ttpou written request by the own- subcontractors: architcct; surveynr and engi- ers/developcrs oE'the projccc. neer euglged in the constnietion ma}' be pi;r- mitted on a property during the period of con- d. The sign shall be non-illuminatcd. siruction, provided ihat: e. The ton of the sio shall be no higher than a. Location of the sieu shzll be approved by r-~ ten (10) feet above orsitc a1'thc let or parcel on the faivision prior tq in;callation; wh.ich the sien is located. b. 'I'he sign shall not excecd forry (40) square 3, Penvanent Residenaiat Subdivision or Area fee[ in area; 2nd (Nt?*1lF' S2oI1S: c.. '1'hc top of the sian sha!l not r.xcced ten (10) Iaecorative suhdivision or area itiante sigiis oi' a feet above grade uf the lot ur parcet on which permanent char3cter st the street encrance or the sien is locaied. Th-, sign shall be removed entrances to the subdivision or area that idcnti- Prior to final huiiding inspections. However, fes the name of the suUdivisic,n or area only, nu sueh sign shall bc maintained tnr a perioci in shall bc gr.rmittcd, subjcct to the following excess of nvelve (12) months without approval conditiuns. from the Division. 'I'he Division may extend the one (1) year time peiiod upon written rc- a. T}ie sign shali cansist of decorative building quest of the owners/developers of the prujest. materials with illuminated, indirectly ]iohtecl or r►on-illuminated nzirne pfates or letters, and b. Rea] Estate Sign: be located in a maintained landscaped area; and a. ResidentiallAgricultural usc ur praperty - Tcmporary on-premises sign(s) advertising [he b. The wall(s) ttncUor sian(s) shaEl not exceed sale, lease or rerital of the building, property 01. six (6) feet in height. premises, one (1) per firontage road. Sush sign(s) shall be unl ightecl, limited in size to rive 4. Teinporaay Baiulers; flags, Pi:nnants, ( 5) square i'eet and limired in heieht to iivc (5) Searchlights and lnflatables: ieet above grade. A thirry-t:wo (32) squarc I'uot sign is al(nwed on agricultiu•al properry uf a. A banni:r, flag, pciinant, or inll.itable, niay tweniy (20) acres or more, with or without u bc pennitted by thc Divisiun lor lemporary on- dwelling on site. ' premiscs usc unly, pruvids:tl th.tt such di5play cli►e, nut havc asignificant adverse irnpact un I 0-f C 5pc)kane Valley A9unicipal Ccide 1().30.660 b. Con►mercia!llnduscrial use or property - a, The followiiig categorics of LIses are defined _ Qnr (1) tempurniy on-pretnises sieti advertis- to 8F)ply to signage stancl,irds provicied in "Ca- • ing dle sale, lease or r2ntal of the btiilclilig, blet 1 aud 2 below: property or premises. Such sign shaEl be Lio- libhtect, lin'iited in size to thircy-ttivo (32) square i. IZesidential/Semi-Yublic uses include a feet and limitecl in height tu ten (10) Ci;et above church, pubiie pau•k, inultiple-f'amily dwelling, gradE, dormitory, frateriliry, sorority, nursine }iome, retieement aparrment, public building, child c. OPen houselciirectional sign - For (a) and day-care cenfer, family clay-care provicler; nun- (b) abave, an opeii iioust:Jctireccinnal sign(s) profi[ community hall or lodge, enimal clinic, sltiail be allmvecl un each access strect (to r.lie ecrnetery or sanitariurn. property). Stich sing(s) shall not be placed in such a rnaiufler as to utcerfcre wicb vehicular or ii. Sc}ioollPuhlic uses include a school (kin- pedestria,i traffic, sha[t he used when the prop- dergarte.n ihrough university), hospi4al, liolicc erry is actually open for immecliate inspecuon, statinn, !'ire statiov, post uffice oi• public golf ' shall be unligliteci, and shail be limited in size coune, incinerator, solicl waste recycliug trans- to fivc. (5) squart feet and lirnited in heiglit to 1er sitc, or Iandflls. chree (3) f'eet sbove grade. iii. Office uses '►nclude a busincss or profes- 7. .F..leccronically Changeable tvlessage Sien: sionaE office. a. ElecU'onic.all}' cbangesble messaoe sirms iv. Camtnercial UseJOther shall inciude cUm- shall Ue nernvtted in I3usilless (B-2 and B-3) mercial uses othcr chan tvose listccl in "i" and Industrial (I-2 antl 1-3) zones in accordance t.Urough "iii" above and other than hume indus- with ibe standards of Sections 14.844.080 try or borne profession. through 14.804.160 and their clefinition. b. pn-PrEmises wall signs are permitted, not ~ 14.$04.070 Sign Sfauclards in Agricul- to exceed fhe maximum tsumber 3nd size as tural and 1ZesidentiA) 7onES (EA, GA, RS show,n in l'able 1. VVall sib s sha!l he unlievted and RR-I0, R(:, UR, R-S fhrough iJR-22) or havro low-intensity lighting, and sha!l be Sign struciures tu'e pemiitted in the agriculiural placed flat against the outside wall oi the main and resideneial zones in accordsnce with the building, following uses and scandarcLs: i. $chools/F'uUlic Uses in UR-22 Zones shail . 1. A nameplate, tivhich inctis:ates no morc chtin be subject to wiill signage scandflrcts as Fcrrnit- the name aud acldress of the occupant of the ted in ail coinmerciai and ivduscri<<l Lones as prernises, is pertliitted, provided thst sucli sign specifie(l in Section 14.804.094. Stlall not exceed a rnaximum areZ of fave (5) T3t)le I square fept and s maximurn height of'fotu' (4) tcet above grade. Wall Sifins - Agricultural and Resident'ial 7_,ones (EA, CA, RS and RR-1 U, RC`., UR, R-5 2. A trecstatti(iing or wall sign idenrifying 5 throueh U1Z-22) communicy residtntizl faciliry, family day- R4aximum Use }~er Maximum care home, chiid cfay-care center in a rESidence, N~imher ~i' 14_504.070(3) Sien A.rea nursery sehool, or similar insticueion is permit- Signs ted, provided thaB such sigu shall ttoi excee.d ti Residentiall maxinttim arc:a of fivc (5) squarc fePt, a tnaxi- $emi-Public i 20 Sq. r;. mum height of four (4) feet above prade and is unlijE1 t~ecl. ~ 5choc~ls/Public See Sectian See Sceriun Use 14.804.080 14.04.0$0 3. Permictcd Signs by Use ; 10-67 10.30.660 ~ 'Cable I 14.804.0$0 Sign Standarcis for F.tusincss Wall Signs - Agriculturnl and FZesidential flnd Industrial Lunes (B-I, B-?, B-3; f-2 and Zones (EA, GA, RS and RI"t-1 0, ItC, Ult, K-5 1-3) through UR-22) Any sign, which pertains onty co the iclentifica- tiuii ofa ptrmitted use in the 13-1, B-2, B-3, I-2 OiFci; 32 sq. ft." aiid 1-3 zones and is lac9tecl entircly on the CUmmercia! 1 20 sqft. propcrty wi[h the use. or business; is pi;rmitteci, Uses, Other ~ provided that it complies widi the foltowing siandards. ~ Muliiple o$ice somplexes shall tte aliowed one wxll sign per building. 1. Wall Signs - lndividual and Ivlulciple Busi- A.n office building conk3ining mulciple of- nesses fices shall be allowed a 60 sq, ft, maaimum Wall signs are perinitted oii each wall of a sign arex. t►uild'uiS provided the wal] sign does not ex- ceed twenry-five percent (25"/a) of the total c. On-Premises freestanding signs are permit- area of Ehe wall or a maxitnum area of 250 tecl, not to exceed the maximuni vumber, size, square feei, whichever provides the smaller dr- tincl height tis shown in Table 2. On-Premises ea. "False frpnts" and mansard roof.'S shall not freestanding siens shall be unliehted or have be included when cslculating the total area of low-intensity lighting. the wall. 7`ible2 2. 1^reestancting Signs (Pole or monument de- Freestancling Signs - A=ricullural anci sign) - Individual ]3usiness Residcntial Zones (k:A, CA, 1ZS and itlt-lU, One (1) on-pr•emises freestanding sigu is per- IZC, UR, R-5 tlirough UR-22) niitted. Signs shall not exceecl the area and Use per Iviaximurn Maximum Msxirnum height limits as provicied in Table 3. Business- Number Sien es with muitiple frontages may be allowed ad- 14.804.070(3) Sign Arca ditiqnal siS~ ma4~e t~'cr 14.804.080(5). of Signs Height ResidentiaU Tab1e 3 Semi-Fubiic i 1h sq. f¢. F feet Standards for nn-Premises :Signs for Schools/ Indivicluai Businesses Public 1 32 sq. ft.* 15 feet Maximum Ivisximum Use Area _ 100' rlrea > 100' Nqaxirnum Office 1 32 sq. ft.* IS f'cet "Lonc Street Street 1-Leieht Commercial Frontage Frontage Uses, Other ~ 32 sq. ft." 1 S fset 33-1 50 ft- 50 ft` 20 feet B-21B-3 100 ft- 200 fr 30 feet ° Maxiitiunt sign area may be increased tv 60 I-2/1-3 4c) ft, $p ft 20 feec sq. ft. for monurnent signs seven (7) fi:et or lc:ss ll] IICI~}II. 3. Freestandinb Sions (pole or monument de- 4. Multiple Arteriels sign)- Multiple Businesses [n the event the use or group of uscs is atljaeent [o inure than one arterial (inclucling througli a. Preestanding on-premises sign(s) for rnulti- aitd corner lots), they wiU be allowec# a free- ple businesses are permittecl, not co exceed the s[andiiig sign(s) exclusively oriented to the ad- number, arei and height limits as provided in ditiunal arterial(s), ThE above allowance shall Table 4. be calculated independently, usinb only the ,ic!- ditiunal arteriil(s) frontage. However, in no in- b. Freestancling signage alfowed tbr an indi- stFincc ,hall the square foocage allowance from vidual business under 14.804.080(2) shall nGt onc:urtcrifil be [ransierred co the other(s). be curnbiried with thC sigiiagc allowed for rnul- ciplc Uusincsscs unclcr 14.804.080(3). ! 0-C g Spol:ane VallLy Municipal Cocie 10.30.660 c. The rninimtnn scpziratian hctweeei signs shall be 500 feet, as measured front the centtr . ~ o}'the sign. I kliilurAr bL>inc;.s pocecl d. One ( l) of the sigiis allowed under'I'able 4, E+-= 3n;1 zotics ~ D13V bL 1RC]'0aS8d t4 8 i]71x1[1]Ulll }1L'lghl of ff)Tt}` _^Gp tr ci;;ns 01'iiti rni"imiom jGi!' Ii'1 • 3!mi4ijr, Y"'t R (40) tcct tibove gradc ur.►d a rnaXimurn <<rea of 250 syuare feet, nrovided the parcel is contigu- I s,tt,• • ~ ous with Interstate 90 and the tmdcrlying zon- ing i5 C:aminuniry_ k3usinQSS (5-2) ui- Regianal 1] itar~~BUSICIC'~SS (i]-3)• ~iolc~iol 'i'able 4 Firure 2- Example of aUowed signage oii a Standards for On-Pretnises Signs for parccl witli dual frontage. N1u1Nple Busincsses ~1. Lnceative to Substitute Hcieht Restrieted Maximum Maximuin 2vlaximu►n A4onuctient Sign(s) for [=rccstaudine Sign(s) G~ne Number of Area H i.ight Signs a. Manument sigt~s, not to exceed seven (7) 13-1 1 100 20 feet feei in height, may subseictite for individual and 1 pcr 500 multiPlr business sigts under 14.904.080(2) 13-2/L'3-3 feet of street 200 fi2 30 feet ancl (3) with cnlxi.mum sign number(t) and ar- f.rontage" ea(s) ss provided in Tables 5 anci b. °Chere is o0 1 per 500 minimum separation requiremcni bCIWCCt] 1-211-3 Ifectofstrect 84 f't' 20 feet signs. Eiontage* Table 5 , ° One (1) freQSeanding sign is permitted on par- Standards fnr Qn-Premises A•lonumcnt ccls witli less th;in 500'of linesl street frontage. Signs for Indi~'IdLIflI BUSIIICSSCS Maxifnum axunum . Il Zonc ~lumber of Si,6ms Area/Eacb Sien ! \lultif?i'r t~i:8ir~ecs pc~c~:l ~ ~ !3-: aexl 11-3 zon!!F F~-1 I 1 75 h i • B-21L3-3 2 90 fiT 'l10 si,•nS a~s;h mrqirlrun,i SDU' sf,,:,:r;,t I-21I-3 2 9Q fr- 1 ~i~• ~ Table 6 Standards for On-Fremises Manument ;'""n'l - Sigris for Multiple.l3usinesst;s Maximtun Figure 1- Exairple of aI1Qwccl signace on a "Lonc Ni~mber ~f' r~axitnum parce) ~vith 1,000 feet of fi•ontaee. Signs Area/Each Sign B-1 2 75 ft' 2 ~er 50~1 f"eet of ~ B-2/R-3 s[reet fronta;e* 1-2/1-3 90 ft- 2 nrr 500 feet of 9d it2 strect &onrage"' 7°wo (2) frees¢andinp sijns src permitted on pArcels with iess than 500' oflinea! street front- age. 10-E9 1 10.30.660 2. °fhe applicant shall submit a siSn plan chat inLludes the size, location, height, lighting, CC1nSII'UCIIOI] rnaterials and urientitiori of all ~ i3-? eed f'r: xurt_•s I proposcd signs in addition to any otht.r infar- atiou deemed necessary by the staC'. ' ~1lniuturCnl.~:;('n itl!•qlfiVi• m utir.g 4'i7;P.i'n,al5 ~ 3. The sign plan shall conform to the follow- d ing sk3ndards: o U ( a. Siomage shall confqmi to the standards of Figure 3-Example of allowed signage using secsion 14.804.080; exeept 1h3t a maximum of the incentive for monument siens. three (3) of the aElowed signs unclcr 14.804.050 may be allowed an incrc;ase. of 20"/o in sign 5. Muitiple t\rterials lieight snd area uver the rnaxiinum .illowed in ln the eve.nt the usr or gruup ofuscs is ttdjacent clIe underlying zone. to more than one arteria1 (including through and corner lots), they will b~e allowed a free- b. The cumulative sign area of all signs, in- standing sign(s) exclusivrely oriented to the ad- Lluding 3a above, shalt not cxcccd the maxi- ditional arterial(s). The above allowance shall mtun that woulcl bE alluwed under 14.504.080. bc calculated inclepenriently, using anly c6c. ad- ditional arterial(s) frontage. However, in no in- c. The maximum number vf signs shall not ex- stance slisll the square footage allowance from ceed the maximum chat would he allowed un- one ar[erial be transferred to the other(s). clcr I4.8Q4.U~0. ~E.,....,„,.A e;,,., 4• The sign plan shal) be consistent with the Plannec! lndustria! Area ~yyyy Y ~ y Spo}:ane Councy Comprchensive 1'lan and the ` J An induscria] park ar planned inctustrial area puipose and intent of tliis chapter, as deter- mfty bave one (1) entranLCJidcntification rnun- i»inzd hy the Director. ument sign not ro eacsed IS(1 f' in area and i 1. Si-na-e shall bP iiistalled in cUnfonnance tcet in heioht ab~ve ~ ade. with the approved sign plan and the Division of 14.804.0$5 Mudificatinn cn $i~n Stan- Ruildiag aud Code Enfcrrcement shatl flag par- dardx (B-I, B-2, B-3, I-2 and 1-3 "Lones) cels subject to the sign plan co ensure thac fu- shapping ecnters, industria] par}:s, mixcd wrz pliancr sicnage forphased developr~~ent is u~ com- For use developments, and hotel conference cen- with the plan_ ters; the Director ma_y approve a comPrehen- rom the provisions 6. The ap,~liCandowner(S) SltBl1 Sign a binding sive sign plan ihat deviates f agreement set forth in section 14_804.080 above, providcd ensuring compliance with the ap- the f~~llnwing standards anCl cpnditic~ns are provcd sign plan. The an•eement shall be filed as a deed restriction and shall run with the laucl met; and shall apply to present as well as fucure 1. I"he developmen[ exceeds the fottowing properry owners. mi.nimum square foot floor area requirements: 7. Moclifications eo the xpprovcd sign plan a. 250;000 ft'` for s shopping center or hotef shall require reapplication and approval by the confcrence cencer. Director. , 14.R04.090 Frecst:dtlflltlg SI~II SI9tlL~t~rds b. 25U,L100 ft- ol' cuminerciNUins~ustrittl lluor SpaCe for a tnixed use development. for Aes?hetic C_'orridors (Res. 2-0315, clated ~9arc.h _6, 2002) c. 300,000 tt2 f'or an incl4istrill park. I. The standards c>f 14.804.090 sha(I apply to • • psri;els adjaci:nt to the 1'oIlawing clc, ignated acsthctic corridors: 10-7Q Spbkarie Valley yvituHicipal Cbde 10.30.660 a. Spokane Vallcy Couplet (catitbound Apple- wZy Avenut Segment onfy) '1'nble 8 Standards far On-Premises Monument b. Evcrgreen Road (betwee~i Sprapuc .Avenue Si};ns Cor !Vlultiplc B«sinesses wd indian:~ Avenue) Maximum Nt Zone Numher of axin~um c, vlirabcau F'arkway Signs Area/Eacb Sigii d. lndiana .Avenue (betwcen Fines Road aud B-1 ? 75 fil Flora Rosd ) II- 2 per 500' of go ~~2 2.IL~-3 street froi.~t~-~ge* 2. Wall signs shall be a,e per Section 2 et• 500' of ~ 14.504.070 4r 14.804.080, respeccive of znn- I-1/I-211-3 str et froneage* 90 fx- in R. 3. 1=reestanding sien sttlictures adjbcent to the I+wo (2) rnonuments are pemiitted on parcels aesthetic corridors shall only be pei'mitted in with less thw _i00' of lineal strect frontage. accordsnce with the following uses and scan- 4, Entrance $ign f4r lndustrial P3rk or dards: F'lanned lndtistriai Arca a. All siens shall bc of rrioDument type, not to An wdusmai park or plsnne.d induserial ares malv havc onc (1) entrauce/idenri6cation mon- exceed eight (8) feet in height. ument sign uoi to exceed 150 ft2 in area and 7 b. In Agricultural and Residennai Zonr,s (EA, feei i» heiglii above grsclc. GA, RS, RR-J0, RC, UR, R-5 through UR-22), 5. qny business that was lawfiilly established one mouument tiign identifying professional in aecordance U~itla tl~e Spokane Ct~unry Znn- office(s) shall be allowecE not tc~ exceect ihirtV- ing Code wd had purcha;ed or had a duly exe- nvo (32) squ3rc feet in area. cuted contnct [o purchase signage along a des- c. I.n E3usincss (B-1, B-2 and B-3) Zones antl ignated aestltetic corriciorprior to May 1, 2001, lndustrial (1-1, 1-2 and 1-3) Zones rnonumc:nt shall be allowetl to apply for x building permit signs shsll be allowcd for individual and mul- for said sigliaae. Said permit shall eoafarm to tiple businesses witls maximum si~n vumbers the signagc regulacions in place iuumediately ~rior to May l, 2001. ancl are~s as providcd in Tables 7 and 8. 14.804.095 Sign Stanclards fqr lndustrisl Tahle 7 Park (I-1) 7.,one Standards for On-Premiscs iN'fonu►nent I. Two (2) square feet of sign, un to a maxi- Signs fnr Individual Businesses mum ofone hunclred (100) square feet_ sball be IvlZximum maxunum permictLd on the front of rhe building for every Zone Numbc:r of qrea lineal foot of building {rqncage, or the same Signs sign E'aotage enc:ompassed within a freestand- B-1 1 75 ft? ing sign of the same architecnlral sryle as the buildirsg, rio higher than six (C) f.'eet from B?/B-' street f u0rOageg go ft2 grc~und levcl and placed within a lawn or toiai- ly lanclscape.d srca. l-7Jl-2I1-3 f~o 0tao" `~U ft' streec ge 2. One (E) sqLiare foot of'sign, up to a maxi- mum of ffiy (50) square feei, shall be perniit- " Two (2) monuments are perniinecl on psrcels ted on the side or rear of a buildiag for every with less than 500' of lineal street ii•onttige. iineal foot of build'ulg francage wheo said side or rear is oriented co or faces apublic Park.ing area or screet or, in ihe case of a sidc yard of a corner lot, tlie same sign footage encompassec! 10-71 ] O.iU,C6O within s#'recstanding sigii of the s3mc archieec- 7'hosr portions tha, are an integral part of the tural style of t.6e building, no higher than six sign clisplay shall be considered in the cEeterini- (fi) leet trom 5uound level and placcd within a i3x[ion of square faotxgc allowed. An abvious ]awn or cotally landscaped area. borcfer designed as an integral part of a sign shsll be calculated in the total square faotage 3. A11 wal] signs shall be fiat agains4 lhe buiEd- allowecl. .AU measurcmunts 1or sign height ing or stnictt.ire and shall not extencf above the shall be from gradc to ihe lopmost part of EhQ top of the walL Freestanclins signs shali not ex- sign. ceed six (6) feet in height. 12. No sigii in an hidustrial Park site sliall be 4. One (1) nanie plate for eac6 cenlnt accessed consmicted or located as to constitute a nui- by that entrance, not exceedivg two (2) square sance or in any wa_y be detrimentul to immedi- Pee[ in al•ea, covtainiag the name aod aciciress of alcly adjaccnt uscs as detcrmined by thc Plan- nn occupant will be afiowed at evcry exteriar ning 17irecror. Sips wiU be 1llowed in any encranc.n to a builtling. yard, provided t6e "ciear view trianSle" re- quirements in Sectian 14.810_020(2) arc met. 5. Uni►nproved properry shall be peiniitted No sio shall be xllowcd adjaeent to points vf one (1) fre`standing for sale, lease, or rent sign ingress or cgress as to obstruct or irnpair site not to exceed six (6) feet in height and thirty- distances. t-wo (32) squarc fect of surface area. 13. A parking directional sign shall bc permit- 6. No sicn may encroach upon, or overhaug, teci ai each major er,trsnce Eo aparking loi, PTO- adjacenc property or pubfic riglit-of-way. vided that such sigms sha1l not cxceecl six (6) feet in height and fif[eeil (15) square feei per 7. Painteci signs un buildings, including those face, and are located within a landsc:.aped area_ anached on or to the surface oi windows, are prohibited. 14.904.100 Sigti Standards for Mining ' - (IN-IZ) Zonc 8. All siUn itlurninacion sli111 be from che iute- A.ny sign which pertains only fo thc iclCntiCtCa- rio: of tbe sign, provided that inclire::F Ilohting tion of a perrnitted use in [he Iviining Zone shali be permitted if the lioht source is not vis- (&1Z) and is located entirely on che properry of ible from public parking; publit road or slrert. such use is pertvitted, provic[ed tvat it complies Exposed neon tubing shall not be permitted. with the following conditions. Nlurrnal sign maincenance shall be pernvaed, inclttding name change of the 6rm or carnpa- l. An indiviclual escablishment may have one ny, (1) permanent f.reestanding sign not to exceed thirty-rivo (32) sc{uare f.'eet in area. 9. Logos or identification symbols sliall be cons;dered signs and sh511 conform to a11 pro- 2. Nu sign shall pruject rnore ttian 6fieen (15) visions of this sectiun. feet abovc gradc. 10. No sign visible from a public road or street 3. [n the event a use is nonconforming bui slial) be constilicted or maintained to fiash, ro- could bc outright pr.rmitted in the I3-2 and/or tate or in any way simultitc rnotian. Lights thHt 13-3 caiies, the Mitiing Zone signage require- resemble trafGc signals are itot aliowed. ments will follciw those for 8-2113-3 zones un- der Seccion 14.804.080. t I. "Chc square footage of a sign made up' of Icltcn, worcls or syrnbols shall lye decermined 14.804.110 Sign l,.ocation and Setback l'rorn the uutside e(ige of the trame i4telf. The All si3ns shall tre locstcd so thxt thcy: square footagc qf a sign composcd of only !ct- tcrs, worcls or tiymbt)ls shfill be Clelerrnincd n. 17o not intcrl'err with vehicular or pedestri- ~ ~ Croitt imaginary Araioht lincs ctr.iwn Prom high an acccssibility Ur siglii distance. ~ point to high roint around the entirc copy or grouping of such lcttcrs, words ur symbuls. 10-72 Spokanc Valley Municipal Codc 1{).30.660 b. ConCoriii to the provisions of $ection fooeaoc of the sign. A l U% incrc;zisr in sign ari:a _ 14.810.020(2), the clear vicw Lrianale; is allowed for decoracive framit►g or borders. ' Areti calctilation dacs not iuclude decc►rative -c. Do not ovcrh:►i►g or be located in ,iny public roclcs or landscaping adjacent to a inontimcni riShi-of-way; and sibn. d. ComPly wit3t any restricCions of the Federai Aviation .Adrninistracinn (FA..A) and 4irporc _ Overlay (AO) Zone. ~ SIGN 2. .Al] signs shall be located and set back as ~ follows: ;sr ' , a. Any pUnion of a sign (inclucfing structural supports) thst is hielier than three (3) fcct and less than suven (7) feet abavre erade sha!l be lo- caeed a minimum nf ten (10) feet back fi•oni Nigure 5 any public rieht-ot=way, unless it can be dem- onstrated that the location of a struccural sup- port nr monument sign will noc zrcate an acl- i~ versc itnpact with regard to sight distance of ~S_",I GN j F~ veticles entering an d exiting t he site. ~ j , ' b. Structtiral suppnnty less than two (2) feet in - ~IGN vridth, measured at any point on the suppore, and three (3) to seven (7) feet above grade, shall be exempted from (s) above. Figurc 6 _i _ 14.844.120 Sign Arc,► and Calculation t. Sio area for wall sigais is equal to the mes- 3. 'Che sign ar•ea for mu]tiple-sided~signs shall sapc area of a sign, includino grapbics, letters, bc calculated as fc►llov.%s: figures, symbols, trademarks or written cop}' , as sb9wn in Figure 4. z. The tota] sign area for a tvvo-sided sign shall be calculated using one race; thcrefare al- Iowing botli faces to be of equal size (foe exam- ~ r, ple. a twc,-sided sign has t~vo (2) fsccs wiih 18 ~ - _~j-_~_L~~~r_~: square fee4 per side, therefore the sign area is ~ 18 square feet). VII, ii ~ b. The si~i srea for a three-sidc.d sign shstl be equal ta rlie total amount ofsign area a one-sid- ed or two-sidcd sign is allowed (for example, Tigure 4 in item 3a above, a cNvo-sirled sign is sllawed 18 square feet of sien area per sidr which The sigii area of a freesranding sign coosis;- equals 36 qatal syuare feet If a three-sided sign ine of one sign shall be calculatLd as shown in is used instead of a one-sicleci or nvo-sidert Figurc 5 belotiv. Thc sign area uf a freestanding sien, the chrec-sided sipp may allocate the 36 sign corisisting of 3nore than one (1) sign shall total square feet among three sides, thcrefore be computed 1)y adding togethex the cotal sr- allowin3 thrs:e sides witli I2 squarc fect per ea(s) of al] signs as shown in 1=igure 6 below. faee f'or a total af 36 square feet oi'sign area). Any poriion of chc simi not necessary for struc- tura] support o1'the sign or any stnictural sup- 14.804.130 P4aintenance of 5igns , port ereater than two (2) feQt ia wid4h shall be I. Any si3nage that has heen approved or that cansid?red in the detennFnation of the syuare has bern issued a pemiit shall ht mairtsiized by ] {1-73 (0.35.010 the owncr ar pcrson in possession of th.•. prop- eiTy on wliich tfie sign is ]oczted. 1vi.aintettance shxti be such that t6e signage conlinues ro con- fot'm to the coudiiions imposed by the sio Per- rnit. 2. Any ctamaged sign base shall be repaired within sixty (60) days. 3. Any signsge: which has been damagecf Eo sucli extent that it may pose a hazard co pass- ersby shall be repa+'red or removed immediate- ly. 14.804.140 NpI1C011f01'llllllg SIg11S Nonconforming signs (tbose tbac were perula- ❑ently installed and legally erected prior to tlie adoption of'tbis Code), shal.l he allowecl to cotr tinue in use so long as they are continuously maintained, acc: not rcloc;ated, and are noi stnicturally alleYed Ur mude mOre nUnepnFArm- ing in any way. Signs over 40 ycars old cbat arc classified as tustorically sienif►canr bv the his- toric preser.ration otficer shall not be consid- ered as noncanforming signs. 0 14.501.150 LoiidsCSpine for Trcestand- infi and 19onument Signs All freestandin- and monument s'sa s sha!l be !ocated in a !aadscapcd ares. Landscaping should be appropriately ssted !o ensure tliat sigr►s are not blucked or obscured by trees or bushes. 14.$(14.16(1 Sifin tIlumination Extemally illuminated signs shaU have low in- ?cnsity ligh[ing, confined to Ehe 5ign, and pdsi- tioned and shielcied to eninimize iinpacts to the surroilncling area(s). lntem,tlly illuminated signs shall hxvc low intensity lighting. (oA 04-008 § 1, 2004). 10-74 ~ CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 8, 2005 City Manager Sign-off; Item: Check all that apply: ❑ consent ❑ old business X new business public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Centennial Trail Maintenance Services GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Staff was directed to maintain the Centennial Trail and has engaged the services of Senske Lawn and Tree care on an interim basis. BACKGROUND: Senske Lawn and Tree Care, who is also the provider of par9c maintenance services for the City, has prepared a cost proposal of $21,004 plus sales tax for the annual maintenance of Centennial Trail. The City of Spokane Vafley has not yet joinEd a partnership with Washington State Parks and Recreation Commission, Spokane County and the City of Spokane to maintain the Centennial Trail. However, the City has decided to provide routine maintenance services. Senske would provide all routine services except sandbagging of the shoreline. Sandbagging, or other additional trail work, if requested by the City, would be provided at a cost of $30lhour per employee for actual onsite work. Materials costs associated with additional work would be calculated at cost plus 15%. ~J OPTIONS: Motion consideration for City Manager or designee to finalize and execute an addendum to the existing contrac# with Senske or Request staff to investigatelpursue other options. RECOMMENDED ACTION OR MOTION: Staff recommends accepting the proposal and preparing an addendum to the existing Park Maintenance contract. I move that the City Council authorize the City Manager or his designee to prepare and execute and addendum to the existing contract with Senske for the maintenance of Centennial Trail. BUDGET/FINANCIAL IMPACTS: Increased annual maintenance costs of $22,764 including tax. This would bring khe total for Park Maintenance Contract Services to $607,560. The amounf budgeted for Park Maintenance Con#ract Services in 2005 is $766,000. Therefore, the funds are available. The agreement with the county would have been for an tlopen ended" cost not a fixed cost and the estimates ranged from $14,000 -$35,000. STAFF CONTACT: Mike Jackson 1 ATTACHMENTS: Praposa) from Senske Lawn and Tree Care; draft addendum to existing contract. ~ / , - c =...:a-City of Spokane Vallcy Mike Jackson, Parks Uireclor 11707 E. Sprague, Suite 106 Spokane Vallcy, WA 99212 Re: Centeruiial Trail Se.nsl(c L,ZVVn & Tree Care Ine. shall agree to coutract with the City of Spokane Valley tA maintain the portian of the Cenlennial Trail that runs thrUUgh the Cit), of Spokane Valley for the annual cost oI' $21,000.00. '1'lus will be billed ia 12 equal monthly billings of $1750.00 plus applicsble sales tax. "C'his contract shall be fqr one ycar, beginning.Ian ls` 2005 and ending 17ccember 31" 2005. This contract shall be renewable upon agreeme.nt by both parties. The following duties and frequencies will be provided: ~ Velletation control "1'rinuning of weeds and grasses along trail 3 times per year or as needed Brush conCrol along trail 3 times per year Removal of hazardous trecs, as max 6 per year deemed such, in the Inte.rnational Svcien, of Arboriculture staildards or other trees as may be identilied by Senslce or the CiCy of Spokane Valley Littcr Cuntrol Policing and removal of litter Wcckly APril - September, ihen montiily Rcstroom clcanin~ Cleaning at Mirabeau 100 time; per year, incJucling materials Cleaiune al Barker ] 40 times per year, including materials Pumning vaulC at Barker 4 times per year or as needed Sweepin~ Parking lot sxveE.ping ] time per year Trail swecping 2 times Per year I /1 Weed Control Lncroachment weed control 2 times pei• year Noxious weed control 1 time per year, or as directed by the County Weed Board for control of state idcntified nox.ious weeds 1-iardscapcs maintemince 13ench repair as nceded Sign rcpair as needed Facility repair as needed tlsphalt mxintenance Crack repair l time pcr year, or as needed Pot-hole repair 1 tutie per year; or as nceded Piir1:ing lot snow removal Plowing upon a 2 inch accumulation De-ieing as needed to concrol ice accumulation Aclditional requested Nvork Any additionally requested worl: not listed above, will be sunplicd at t11e rate nf $30.00 " per hour plus materials at cost plus 15%. An examplE of this ini€bt be sand bagging in the event of flooding along the trail. [t Shall be understood b}, b4th parties that this pronosal will comply with the maintenance standards as set forth ui the aigi-eement for provision of park. maintenancc scrrices. Date Datc City of Spokane Valley Senske I.,awn &'I'ree Care Inc. ( i ~ ADDEti`DUM TU AG1tLEivIENT F012 PROVISION OF }'ARK N.fATNTFNANCr SrRVICES BCTWEEN Cl'1'Y UF SYOKANE VALLEY ANn SFNShF LAWN & TREE C.ARE, I\'C. On December 30, 2QQ4, the City of Spolcane Va11Ey (Cicy) anci Senslce I.,a"Nm & 'lree Care, l.ne. (Senske) entered incc> an Agreement ([he Agreement) for provi5ion of park niaintenance sei-vices. Pursuant to Scction 1, subsection C, eiititled "Modifications": thc City is entitled ta modi~y the Agreerneni. Section 21 of the Agrcement also recognires the abilii:y to moclify the Afireeinent, so long any mociitication is in writinp. The City clesires to add to the Agreement lhe maintenance of that portion of the Centcnnial 'I`rail lying within thc City. Senske has sEt forth terms uncler which it would agree lU this m[)Clif'iCa[iQn, set fUrth in Aitachment A Cp this Acidendutn, wlucti is incorpoaate_d herein by reference as it' Sel forth Fully herein. This Adclendutn shall constitute a niodi.f.ication of the. ,Agreement upon execution by botfi parties; and bc subjec;t to the teriYls aixd conditions of tlie Agreeme_nt. T)ated this day oCMarch, 2005. City of Spok.ane Valley Senske T_awn & Tree Care, lnc. . ~ 17avid Mercier, City Mana~er L7an Vl~arelutne, Vice President 1 ax 10 No. ATTrST: Christine Bainbridge, Cit}, Clerk AYY1tO VEll AS 1'U FORM : Cary P. Driskell, Deputy City Attorney . _ ~ ~ J North Creenacres Neighborhood Planning _ - r I kA I 1 ' ~ February 22, 2005 Dear City Council, North Greenacres Neighborhood has been having neighborhood meetings and would like to be added to the agenda of the City Council meeting scheduled for March 8t' in order to acquaint you with the work of the neighborhood committees and our planning process and the city's Comprehensive Plan. As a courtesy, a copy of the letter signed by our Neighborhood Planning Committee is attached to allow you time for consideration. The original will be formally presented at the City Council meeting. Due to the schedule demands of the Comprehensive Plan, it is vital that we are able to address this issue to the Council without delay, so we can coordinate our efforts with the city and stay on track with the timeline. We appreciate the attention that is being given to this important first step of shaping our own city of Spokane Valley. Sincerely, ' ~North Greenacres Neighborhood James & Mary Pollard 926-8899 1North Gr9eenacroes Neighborhood Planning • •T ~r> }'CUPUiiI')' 27, 2005 . ~Proposal: Drafting a Neighborhood Chapter ~ Dear City Council and Planning Commission, North Greenacres Neighborhood wishes to thank you for the time spent in addressing our concerns. As a community we had our first area-wide meeting on January 28, 2005. It was very well attended by approximately 80 residents. We have begun neighborhood planning and it is our goal to document a process and assist the city in implementing language in the comprehensive plan that will create a city that truly reflects the unique character of Spokane Valley. Our neighborhood and others request that the Planning Commission and City Council direct staff to develop a Neighbofiood Chapter to be included in the City's Comprehensive Plan. The North Greenacres Neighborhood has formed a sub-committee that is ready and willing to work closely with the Planning Commission and staff to develop the Neighborhood Chapter. In our reading of Spokane Valley's Comprehensive Plan Draft there is a scarcity of language to give guidance to Neighborhood Planning. CTED showed support of this practice by 16 cities in an initial search of their database that are doing neighborhood planning. We may not want to include all the elements addressed in some cities because we don't share the same structure, but basic priorities can be gleaned as best practices from those who have forged ahead of us. Producing summaries of complex documents and guides for public participation are good examples of goals that can circumvent misunderstanding and create confidence and trust in our city government. Chapter 5, Housing and Neighborhoods 5.3 and 5.4 contain a very minimal treatment of this important area. Neighborhoods are the backbone of your cities. First signs of decline can start a flight to where the grass looks greener. While our Planning Department contains some very qualified and talented planners, their workload is staggering. V1le do not wish to create an additional burden on staff. We would like to develop and provide a draft for review by the City Council and Planning Commission for adoption in our Comprehensive Plan. . ~ Goals would be to provide easy to understand language of a simple process for recognition of a neighborhood, setting boundaries, writing and adoption of neighborhood plans for inclusion in the city's overall plan and identifying priorities and implementation strategies to enrich neighborhood lives. GMA is unique in being a bottom - up process. Our committee has already begun work on this exciting venture. We look forward to your support and direction to staff and the Planning Commission to support the writing of this chapter. If looking for a city center, we need look no farther than where we live. Neighborfioods are truly the city center. It is here we derive our identity and you hear the heartbeat of our communiry. Sincerely, North Greenacres Planning Committee clo James & Mary Pollard 17216 E. Baldwin Ave. Greenacres, WA 99016 Brian zsaac Diane C. Johnson Jesse Austin Michelle Irwin Janice Austin Richard Harmon Arlene FIarmon Nancy J. Miller Rurt e. Parker Jim Pollard Zane Strasser Alice Beattie Laurel Ladd R. H. Ladd Mary Pollard Helen Sargent ; J -----Original Message----- e-mail From: Marina Sukup . : Sent: Friday, February 25, 2005 10:15 AM To: The Pollards' Cc: Dave Mercier; City Council; Nina Regor Subject: North Greenacres Planning Ms. Pollard: ' It was a pleasure meeting with you and Mike 1'errell on February 11, 2005, to discuss North Greeacres planning activities. We are very supportive of these activities and I would like to summarize our discussion: • The City does not propose to establish "rules" on how neighborhood or subarea planning is undertaken at this time. I recommend that you and your consultant review the structure of the City's discussion draft. In planning practice, documen#s should provide baclcground, the cAnzext in vvhich the Plan is dev2loped, an examina#ion of exisking canditions, proposed priorities or goals, and proposecf policies or strategies fior accomplishing or implementing the dzsired outcame. • The City may adopt a subarea or neighborhood plan at any time. The Plan must be consistznt wi#h the Growfh Management Act, other applicable statutes and the City's Comprehensive Plan, but should be more detailed. Some or all of the required elements of the City's Comprehensive Plan may apply. • The procedure for adoption of a subarea or neighbornood plan is the same as that for the Comprehensive Plan. It will require community review, submission to CTED, and public hzarings. If the neighborhood and the consultant elect to follow the procedures set up by Lake Osw2go, #he City of Spokane or another jurisdiction in the formulation of a plan for iVorth Greenacres, we encour2ge you to do so. As I have advised you on several occasions, however, the contents of a Plan are nat regulations. \The dsvelopment of any regulation must be supportive of the plan, but those regulations must be adopted by an ordinance enacted by the City Council using established procedurzs. Regulations of any kind must be available for public comment and review and are also subject to review by C7ED. In canclusion, all residents are encouraged to review the discussion draft af the Comprehensive Plan and to provide specific comments. li is helpful to us that the comments are in vrritten form so #hat we may make them part of the record. Please let me know ifi you have any questions. Marina M. Sukup, AICP, CFM Director of Community Development/Planning City of Spokane Valley 11707 Sprague Avenue, Ste. 105 Spokane Valley, WA 99206 . i i CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 8, 2005 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business 0 public hearing ❑ information 9 admin, report El pending legislation AGENDA ITEM TITLE: Geographic Information System (GIS) System Agreement with Spokane County GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: City Council approved an agreement with Spokane County to participate in GIS services. BACKGROUND: The GIS agreement between the City and Spokane County was one of the agreements which expired at the end of 2004, but extended by mutual agreement under existing terms pending the finalization of the model agreements. Staff will be bringing forvvard those revisions at a later date for Council consideration. However, certain operating conditions have changed regarding GIS, and staff is bringing those changes forward under separate cover. Under the original agreement, Spokane Valley has the use of four stand-alone GIS licenses through the County's agreement with ESRI (GIS software). Two licenses were assigned to Community Development and two to Public Works. This allows city staff who have the GIS software installed on their desktops to have direct access to property-based layers of information for the Spokane Valley and Spokane County. The City uses GIS for Comprehensive Plan-related activities as well as the City's capital program. It also uses GIS for special projzcts, such as compiling information related to annexing to the Fire Districts. Recently, Spokane County entered into a regional enterprise license agreement with ESRI. It consolidates multi-jurisdictional ESRI software usage into one over-arching license in which several agencies share in the software. The City of Spokane is also a participant. Such an agreement provides rnore flexibility than the existing arrangement by allowing participating jurisdictions to test and utilize many different ESRI products on a short-term basis without paying upfront acquisition costs. This would give the City the opportunity to try modules to make sure they meet our needs. We would also have access to modules for which wz onfy have a short-term need, such as for a special project. Payment for additional module use is in 30-ciay increments. The license agreement is for three years. The agreemenf between the City and the County for access to this enterprise license may be terminated at any time with thirty (30) days' notice. Under the proposed agreement, the City would move from four stand-alone licenses to two floating licenses. While a floating licsnse may be used by only one individual at a time, it is not tied to a specific desktop, and may bs used by unlimi#ed authorized employees. The estimated first year cost is $6,500. , i Staff continues working with the County on other aspects of fhe GIS agreement, including the current access to a.5 FTE County GIS Technician. We are seeking Council direction on the conversion to the floating licenses, and would propose incorporating those changes into the upcoming revised agreement, ' _ OPTIONS: 1) Convert to two floating licenses; 2) maintain four stand-alone licenses; 3) develop a City-owned GIS system; 4) have no GIS system. RECOMMENDED ACTION OR MOTION: Provide direction to staff. BUDGETlFINANCIAL IMPACTS: $3,360 is budgeted in CD for the ESRI license/maintenance, and $50,000 for other GIS services. STAFF CONTACT: Nina Regor, Deputy City Manager ATTACHMENTS: None . : , CITY OF SPOKANE VALLEY , Request for Council Action Meeting Date: March 8, 2005 Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing [ information (D admin. report ❑ pending legislation AGENDA ITEM TITLE: Administrative Report: Overview of the Capital Facilities Element oi the Comprehensive Plan GOVERNIPJG LEGISLATION: RCW 36.70A, WAC 365-195 PREVIOUS COUNCIL ACTION TAKEN: City Council was briefed on the progress of the Cornprehensive Plan on September 28, 2004, January 18, 2005 and March 1, 2005. BACKGROUND: Community Development continues to develop Spokane Valley's first Comprehensive Plan. This presentation provides Council an update on the progress of the Capital Facilities Element of the Plan. OPTIONS: Not applicable. RECOMMENDED ACTION: None required. BUDGETIFINANCIAL IMPACTS: Not applicable. l ~ ` -STAFF CONTACT: N9arina Sukup, AICP, Community Development Director Greg McCormick, AICP, Planning Manager Scott Kuhta, AICP, Senior Planner ATTACHMENTS: Power Point Presentation v irw•r: GC7' 's~ Uepnrtment nf Comrnunity Devrelr~pmenf ~rii nc Planning nivision Spokane Valley - 2025 Comprehensive Plan Capital Facilities Plan Overview March 8, 2005 neparfineni of (::nnimunity Development _j lk • . - Planning Divisiqn : What Are Capital Faci.lities? - 7I"ransporta.tion - Libraries - Sewer - Public ]3uildiilgs - Water - Schools - Storrnwater - F i re - Solid Waste - Police - Parlcs and I2.ecreation . ~ ~ Uepartmenf of CornmuniCy Development F" f"•'` ~ S'~ane - j«~ ' - Plunning Division Who Provide Capital Facilities? • City of Spokane Valley . • Special Purposc nistricts Water Schools Fire Library • Other guvcrnment agencies Spokane County Ciiy of Spolcane • nevelopers ~ Depertment nf Cpmrnunitv 1)co'elopment Plannin¢ Division GMA Requirements • Inventory - .Lor.ation (tables, maps, narrative) - Capacities • Farecast of Future Needs - Based on future demand and adopted levels of service • 6 year Capital lmprovement Plan - Locations - Capacities - Year ~ Department of Community tic~~clnpment ~1*1 Plaiiuin Divisipn G-MA Requirements • Financing Plan - Funding a.f Capital Iinpravements - Clearly Identify R.evenue Sources , ~ llepartment of Crirnmuiiity Devuliapment P13noinK laivision :I1eve1 of Service • Quantif ablc measurement of the amount of public facili.ties or services providEd by g0vEI11IY1.e11t. • Quality ollif.e indicalor • Sources of LOS - State, fcderal guideli_nes or polici.es - National organizatians - Local conditions and governmEni pri4i•ities L~ peptirt ment of Community De.velopment Planning Uivision Par. ks A.nalysis Current (2006) Totfil Park Acres Level of Scrvice Pcipulation (Cih, nwned) 84,000 152 1.81 acresll 000 20 Year Cr4wth Projcction 30,000 People Note: Figures are for discussion purposes only. i Uepnrtment of Crimmunity Develi.ipment Pl:inning Division Parks Analysis Time Total Park Acres Required at Nct Rescrve Ycriod population Aeres 1.81 acres/1000 or Dcficicnc.y Available 2006 84,000 152 152 0 2011 93,000 152 168 (16) 2025 11000 152 206 (54) Cost to Acyuirc acid Cost tp acyuire and develop park Iand devclop park land 6 ycars 20 years 16 acres 54 acres x $100,000 x $100,000 _ S 11600,000 = $5,400,000 ~ Note: Figures are for discussion purposes only. / "nepartment of Community 'Developrrient jlul Plannin Divisiun Prujcct 2001 2007 20011 2109 2010 2011 Tntal Ncw Park Acquisitions 300 500 400 400 l,fiUO (IG .itras ca{iacity) Skslteboard Park 200 200 Swinuning Pool 500 1,500 2;000 FarS:s Maintcn,unce 700 700 Buildirig Total Project Cost 500 1,200 500 1,500 400 400 4,5110 12evenues G.O. Bond 700 500 1,500 2,700 RE t;"]" 100 200 200 500 Farf: Impsct Fccs 400 50{) renerat Fund 200 300 200 700 IAC Grant 200200 Total Revenues 5[)0 1,200 500 1,500 400 400 4,500 ~ . vepartrnent uf Ci!mmunity Uevelopment - ~Mr i'Ianning Ilivisiqn Next Steps • rinalize work with service proviclers • Tzanspoi-tation.:I-'..OS analysis - Consistency Aiaalysis wit1i Coiiip 'I'lan ; Spokane Valley Planning Commission ` Approved Minutes Council Chambers - City Hall 11707 E. Sprague Ave. January 27, 2005 1. CALL TO ORDER Planning Commission Chair Crosby called the meeting to order at 6:30 p.m. Staff attending the meeting are Marina Sukup, Community Development Director; Gregory McCormick, Planning Manager; Sue Pearson, Deputy City Clerk; and Thomas Scholtens, Building Official. II. PLEDGE OF ALLEGIANCE The Commission, audience, and staff recited the Pledge of Allegiance. III. ROLL CALL Fred Beaulac - Present Bill Gothmann - Present Bob Blum - Present lan Robertson - Excused Absence David Crosby - Present John G. Carroll - Present Gail Kogle - Present IV. APPROVAL OF AGENDA Chairman Crosby requested that a change in the meeting times be considered for the good of the order: Commissioner Beaulac moved that the January 27, 2005 agenda be approved as amended. Commissioner Kogle seconded the motion. Motion passed unanimously. V. APPROVAL OF MINUTES Commissioner Blum stated on page 8 last paragraph 4ih line, he would like the words "clear and distinctive" instead of "clean and distinct." It was moved by Commissioner Kogle and seconded by Commissioner Carroll that the minutes of the January 13, 2005 Planning Commission meeting be approved as amended. Motion passed unanimously. VI. PUBLIC COMMENT There was no public comment. VII. COMMISSION REPORTS Commissioner Blum attended the January 25, 2005 council meeting. The - Pines/Mansfield agreement presentation was informative. VIII. ADMINISTRATIVE REPORTS Ms. Sukup reported that City Council adopted the Cornprehensive Plan amendments as recommended by the Planning Commission. She reminded the Commission of the Joint City Council meeting to be held on Feb 9, 2005, with dinner 5:00 in 2"d floor conference room. The meeting wil/ beqin at 6:00 p.m... Michael Freedman, Freedman, Tung & Bottom/ey, Urban Design, a member of the ECONorthwest consultant team is tentatively scheduled to return at Council request on March 1, 2005. IX. COMMISSION BUSINESS A. OLD BUSINESS: There was no old business. B. NEW BUSINESS: Hazard Mitiqation Plan: Studv Session Darrell Ruby, representative of Spokane County Emergency Services, was introduced to the Planning Commission. He was present to help explain the issues and answer any questions the Commission may have. Ms. Sukup briefed the Commission on the purpose of the plan and the draft Hazard lnventory & Vulnerabrlity Analysis. Mr. Tom Scholtens worked on the inventory with Ms. Sukup. The plan was discussed. Staff hopes to complete the preliminary draft Hazard Mitigation Plan for circulation to agencies and service providers by the end of February 2005 with agency/provider review completed not later than March 30, 2005. At that time a public hearing will be scheduled before the Planning Commission. Street Vacation Ordinance Amendments Four street vacations have been processed and some needed changes came to light. 1. City signatures on survey documents are unnecessary on documents prepared by a licensed Washington Surveyor; 2. Survey of properties outside the area of the actual vacation add additional cost to the survey without commensurate benefit to the petitioner; 3. Monuments provide control points for property owners, as well as establishing monuments in areas where monuments have been destroyed as a result of past street construction activities; ~ ~ 4_ Providing the governing body with necessary findings by the hearing body who receive public testimony establishes the basis for legislative findings; 5. Requiring documentation of the transfer of title by means of a quit claim deed formalizes the transfer to abutting owners; and 6. The renumbering of this section provides a more cogent organization of regulations within the Spokane Valley Uniform Development Code (Title 10 Spokane Valley Code of Ordinances). The DNS, Determination of Non-significance, was issued on January 20, 2005 and the proposed ordinance distributed to CTED and adjacent jurisdictions. The public hearing is scheduled for February 10, 2005. Matrix and Schedule of Permitted Uses & Uniform Development Code The Planning Commission was asked to review this document and come to this meeting with comments. Commission Blum had no comments. Ms. Sukup explained that the consolidated the matrix included residential, commercial and industrial matrices currently included in the County Code. This will make it easier to use Commissioner Gothmann stated he had gone through the list and made comments on his matrix. He suggested that animal processing, the definition of air strip, possibly use only Federal Aviation Administration definitions for chemical manufacturing, airports, computer manufacturing, hardware versus software, be c4nsidered among others. Ms. Sukup added that additional definitions and uses should be considered, e.g. hospice and birthing center which are not defined nor provided for in the zoning regulations. Commissioners were asked to e-mail their comments or suggestions. Commissioner Carroll suggested using the SIC codes or the new NIC codes from the Washington Department of Revenue to designate the different types of definitions of business types. Commission Chair Crosby requested the new office zone be put on the list. 3 Commissioner Kogle asked about a Spokane County footnote. Ms. Sukup said that the City will be footnoting the definitions and matrix incorporating the Spokane County footnotes. Commission Chair Crosby asked that the Commissioners fonward their comments by e-mail sometime before the next rneeting. Commissioner Gothmann reviewed his observations with the Commission. • On page one at the bottom, specific anatomical areas are listed on page 25. Do we need them tuvice? • Instead of using the type of aircraft to define and airport, use ownership of the land and number of aircraft. He indicated that airstrip is not allowed in the matrix at this time. There was a discussion about helicopters and ports and the need to add them to the matrix. Commissioner Carroll suggested looking at utility runway and ultra lights. • Commissioner Gothmann suggested that the sign definitions could be added. • He noted that that the "inoperable" definition is in conflict with the junk car ordinance. • He requested that the definition of 35 feet for recreational vehicles could be reviewed. • Ms. Sukup was asked to add Liberal Arts to the College category. She indicated the whole area needs to be looked at. Hotels/Motels will be another area to review. Commissioner Carroll asked to have adult day care added. He wanted to know if there is a standard that could be used to identify active farrns that could be incorporated into the definition X. FOR THE GOOD OF THE ORDER Commission Chair Crosby requested to bring our meeting times in conjunction with City Council times. It is staff friendlier. The consensus is to change the meeting times to 6:00 pm - 9:00 pm and have staff prepare documents to that effect. Commissioner Kogle made a motion to amend rules & procedures ` for meetinq times to be moved from 6:30 pm -9:30 pm to 6:00 pm and `J 4 f~ no later than 9:00 pm. Commissioner Beaulac seconded the motion. ~Motion passed unanimously. XI. ADJOURNMENT There being no further business, the meeting was adjourned at 8:12 p.m. SUBMITTED: APPROVED: Sue Pearson, Deputy City Clerk David Crosby, Chairman ` . 5 Spokane Valley Planning Commission Approved Minutes Council Chambers - City Hall 11707 E. Sprague Ave February 10, 2005 1. CALL TO ORDER Planning Commission Chair Crosby called the meeting to order at 6:00 P.M. Staff attending the meeting are Niarina Sukup, Community Development Director; Gregory McCormick, Planning Manager; Scott Kuhta, Senior Planner, and Sue Pearson, Deputy City Clerk. II. PLEDGE OF ALLEGIANCE The Commission, audience, and staff recited the Pledge of Allegiance_ III. ROLL CALL Fred Beaulac - Present Bill Gothmann - Present Bob Blum - Present lan Robertson - Approved Late Arrival David Crosby - Present John G. Carroll - Present ~ . Gail Kogle - Present IV. APPROVAL OF AMENDED AGENDA Chairman Crosby indicated that the hearing planned for tonight had been withdrawn by the applicants and is reflected on the amended agenda. Commissioner Beaulac moved that the February 90, 2005 amended agenda be approved as presented. Commissioner Carroll seconded the mofion. Motion passed unanimously. V. APPROVAL OF MINUTES Commissioner Kogle indicated that her name was spelled wrong on pages 1 and 4. It was moved by Commissioner Carroll and seconded by Commissioner Kogle that the minutes of the January 27, 2005 Planning Commission meeting be approved as amended. Motion passed unanimously. VI. PUBLIC COMMENT There was no public comment. ` VII. COMMISSION REPORTS Commissioner Blum attended the February 8, 2005 council meeting. The . Pines/Mansfield agreement was moved forward. There was discussion about more space for city employees and annexation into the Library District. Commissioner Kogle was at the Light Rail Citizen Committee meeting listening to the results of the High Capacity survey done November 2004. Commissioner Gothmann wished to thank 1Nayne Stewart, Ed Lima and Dr. Jeffrey Crankill for all their help with information on the matrix and definitions. VIII. ADMINISTRATIVE REPORTS Ms. Sukup reminded the Commission of the Parks & Recreation survey focus group meeting next Thursday, February 17, 2005, at 6:00 pm. The meeting will be held in the second floor conference room. Commissioner Kogle will not be in attendance. Michael Freedman, Freedman, Tung & Bottomley, Urban Design, a member of the ECONorthwest consultant team will be here on March 1, 2005, 2:04 pm in Council Chambers. Please RSVP because seating will be limited. ~ Ms. Sukup thanked Commissioner Gothmann for all his hard work on the matrix and definitions. Commissioner Robertson arrived at 6:20 pm. Mr. McCormick thanked Commissioners Beaulac and Gothmann for stepping up to be part of the combined working planning commission for Spokane County, City of Spokane, and City of Spokane Valley. This working group will be arranging meetings for all three planning commissions. Any other commissioners interested in the working group are welcome. VII. COMMISSION REPORTS cont Commissioner Robertson stated he went to the Greenacres Neighborhood meeting. It was well attended and the organization was pleased that the City Council and City Planning Commission had representatives at the meeting. There were good questions and suggestions. Chairman Crosby stated that the Planning Commission is interested in watching how this neighborhood group is formed to see if it will fit in the comprehensive plan. 2 ~ IX. COMMRSSION BUSINESS A. QLD B[.1SINESS: A. Uniform Development Code & Matrix and Schedu[e of Permitted Uses - " , Cammissianer Crasby stated that this Es a first touch af the uniformed cfevelopment cocfe and rnatrix for the Commissian to I ~ review and amend_ A decision was made to go through defini#ions : page by page- ~ Page 1 I There were no suggestions for this page. i , Page 2 , There was discussion agairi on the mearling of "aRfstrip,'° "airparlc," and "airport." There was discussian to include the Federal A,viation Administra#ion {FAA} cfefinitions_ Then there was d[scussion about the meaning of "ultra lights" and "giiders," It will need research_ Commissioner Gothmann will bring cfefinitians for review by the Commission. What abau# "airpor# zoning"? It was tiisrussed and decided it was neederl_ Ms_ Sukup stated that "heliports" and "helipads" need to be added to the list, Does "agricijl#ural land" and "agricultural zones" need to be de#ined? f# was decitied that it is not azone and should be striked, Page 3 Yhsre was cfiscussion on how to define a small or large animal, specifica[Iy about "pot-bellied pigs_" It was decided they were park of the swine defini#ion_ ~ VVhy is "antique store" defined when other businesses are not? lt was discussed that this definition is to deterrnine the difference between a junk store and an antique store as this seerns to be an issue with Spokane Valley residents. Should there be a definition for "aquifer"? There was discuss€on, "Assembly" was #he next defini#ion to discuss. It was decided thaf pounds of u+eight might be a better way to deffne fight versus heavy ~ assernbly, Commissioner Kogle suggested asking the local industry for #heir help. COmmiSsioner Carroll stated he would like to ~ use the VVashington State Departmen# of Reveni,e NAISC cades , ~ , ~ for defining businesses_ He vv€II laok up the definitions and bring tnose back to the commission for review_ X. FOR THE fiOOD OF THE ORDER There is nothing to bring before the Commission, }Ci. ADJOURfVIVIENT There being no further business, the meeting was adjourned at 7:9 5 p.m, SUBMITTED: APPROVED: Sue Pearson, Deputy City Clerk David Crasby, Chairman . ; i ~ . 4