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2003, 03-25 Regular MeetingCITY OF SPOKANE VALLEY CITY COUNCIL AGENDA — REGULAR MEETING CITY HALL AT REDWOOD PLAZA 1.1707 East Sprague Avenue, First Floor Spokane Valley, Washington Tuesday, March 25, 2003 6:00 p.m. 1. CALL TO ORDER 2. INVOCATION Pastor Rick Evanson, Good Shepherd Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS 6. APPROVAL OF AGENDA 7. PUBLIC COMMENTS (For members of the public to speak to the Council regarding nutters NOT on the agenda. Please state your name, address and subject for the record and limit remarks to three minutes. Thank you.) 8. COUNCIL REPORTS 9. CONSENT AGENDA (Consists of items considered routine which are approved as a group. A Councilntember may remove on item from the Agenda to be considered separately.) +/A) Approve Special Meeting Minutes, March 6, 2003 (✓R) Approve Regular Meeting Minutes, March 11, 2003 C) Approve Claims Obligations in amount of 5135,837.03 10. PUBLIC HEARING A) Adult Entertainment Moratorium / 1) Open Public Hearing on Extension of Moratorium for Filing of Development Permits for Adult Entertainment Establishments 2) Public Comment on Moratorium Extension 3) Close Public Hearing 11. ACTION ITEMS Council Aeenda: A) Ordinances — First Reading ✓ 1) Agenda Rill No. 2003 -086, Subdivision Regulations (Ordinance ( 58) (PUBLIC COMMENT ON ORDINANCE NO. 58) 1 12. CITY MANAGER AND STAFF REPORTS 13. PUBLIC COMMENTS (Maximum of three minutes please; state your name, address and subject for the record) 14. PENDING LEGISLATION 1.5. NEW BUSINESS 16. ADJOURNMENT FUTURE SCHEDULE A) Mar. 27, 2003, Council Special Meeting, 6:00 p.m., City Hall B) Mar. 31, 2003, SPOKANE VALLEY INCORPORATION C) Apr. 1, 2003, Council Study Session, 6:00 p.m., City Hall D) Apr. 4, 5, 6, 2003, City Manager Interviews E) Apr. 8, 2003, Council Regular Meeting, 6:00 p.nr., City Hall 1) Apr. 15, 2003, File Public Disclosure Reports G) Apr. 15, 2003, Council Study Session, 6:00 p.m., City Hall II) Apr. 22, 2003, Council Regular Meeting, 6:00 p.m., City Hall Council Agenda: t ) Xgenda Bill No. 2003 -087, Shoreline Master Program (Ordinance No. 59) (PUBLIC COMMENT ON ORDINANCE NO. 59) f 3) genda Bill No. 2003 -088, Land Use Application Review ( (Ordinance No. 60) (PUBLIC COMMENT ON ORDINANCE NO. 60) B) Ofiinances — Second Reading 1) Agenda Bill No. 2003 -070, Comprehensive Plan (Ordinance No. 52) (PUBLIC COMMENT ON ORDINANCE NO. 52) /2) Agenda Bill No. 2003 -071, Phase 1 Zoning Code (Ordinance No. 53) (PUBLIC COMMENT ON ORDINANCE NO. 53) 3) Agenda Bill No. 2003 -072, Phase 1 Zoning Map (Ordinance No. 54) (PUBLIC COMMENT ON ORDINANCE NO. 54) C) Resolutions 1) Agenda Bill No. 2003 -089, Essential Public Facilities (Resolution No. 03 -023) (PUBLIC COMMENT ON RESOLUTION NO. 03-023) 2) Agenda Bill No. 2003 -090, Adult Entertainment Moratorium (Resolution No. 03 -024) (PUBLIC COMMENT ON RESOLUI'IoN NO. 03-024) I)) Contracts 1) Agenda Bill No. 2003 -091, Special Legal Counsel, Peter Witherspoon (Agreement No. CO3 -) (PUBLIC COMMENT ON AGREEMENT NO. CO3 -) 2 - DRAFT- CITY OF SPOKANE VALLEY City Council Minutes Regular Meeting March 6, 2003 The regular meeting of the Spokane Valley City Council was called to order by Mayor Michael DeVleming at 6:01 p.m. Councilmembers present: Mayor Michael DeVleming, Deputy Mayor Diana Wilhite, Councilmembers Dick Denenny, Mike Flanigan, Richard Munson, Gary Schimmels (7:48 p.m.), and Steve "Taylor. Staff present: Interim City Manager Lee Walton, Interim Attorney Stanley Schwartz, Interim Deputy Manager Stan McNutt, Interim Finance Director Robert Noack, Interim Building Official Robert Ely, Interim Parks and Recreation Director Bill Hutsinpiller, Interim Recreation Coordinator Shelley Goss, Interim City Clerk Ruth Muller, and Interim Administrative Assistant Karin Bosworth. Invocation: Pastor Darrel Cole, Spokane Valley Wesleyan Church, gave the invocation. Pledge of Allegiance: Councilmember Taylor led the pledge of allegiance. Roll Call: Interim City Clerk called roll. Approval of Agenda: Mayor DeVleming said that Item 10.A.1. Celebration will be deferred until Councilmember Schimmels arrives from another meeting. Interim Attorney Schwartz requested that Item 10.B.1, Ordinance No. 44, be deferred to later meeting. Councilmember Flanigan moved and De.ut , Mayor Wilhite seconded that the A enda be approved as amended. The motion carried unanimously with six votes. Public Comments: Pat Schaffer, 10319 East Sprague, Valley Firehouse No. 1, president of the Spokane Valley Benevolent Firefighters Association said that invitations have been ',sent to councilmembers for the Association fundraiser on March 28, 2003, and he wishes to personally invite them to attend this function. Council Reports: Deputy Mayor Wilhite said the Finance Committee has reviewed documentation that should be included in a policy for authorizing Council travel reimbursement. Mayor DeVleming reported that he visited a third grade class at University Elementary and a fifth grade class at Broadway Elementary thanking them for their logo contest entries and presenting them with an honorable mention certificate. Consent Agenda: Councilmember Munson moved and Councilmember Denenny seconded that the Consent Agenda be approved as submitted. Deputy Mayor Wilhite said Council Minutes, Feb. 25, 2003, Approved March 2003 Page 1 of 7 - DRAFT- that as she was absent from the meeting discussing employee insurance and health benefits, she has discussed this with staff and will vote for approval, even though she has some objections. The notion carried unanimously approving: (a) adoption of Resolution No. 03 -019, Establishing a Deferred Compensation Program for the City: (b) adoption of Resolution No. 03 -018, Authorizing and Approving Participation in the Washington Public Employees' Retirement System; and (c) adoption of Resolution No. 03 -015. Specifying the insurance Plans and Health Related Benefits for City Employees for Fiscal Year 2003. The motion was unanimously approved with six votes. Authorize Recruitment for Parks & Recreation Director and City Clerk: Councilmember Flanigan moved and Councilmember Taylor seconded that Prothman Company be authorized to recruit for the positions of Parks & Recreation Director and City Clerk. After a brief discussion of the Council on how broad the recruitment should be and preference for consideration of local talent for the Parks Director position, the motion carried by majority vote with four aye votes - Mayor DeVleming Councilmembers Denenn 1y 'lanigan. and Munson: and two nay votes — Deputy Mayor Wilhite and Councilmember Taylor. Authorize Youth Recreation Program for Summer 2003 — lnterim Parks and Recreation Consultant Hutsinpiller said his department has talked with local groups and organizations and the City's proposed summer programs would not conflict with any other agency. Interim Recreation Coordinator Shelley Goss reviewed the details of planned programs for elementary -age and younger children, with no programs currently planned for teenagers, although these may be added in the fall 2003 or summer 2004. The planned programs are fee based, and Goss identified estimated costs and net revenue based on minimum registration. There was discussion of necessary software for managing these programs; swimming pool operation and the need to monitor to assure that safety concerns addressed by Spokane County are in place; possible increased hours of pool operation and cost for this; use of the Western Dance Hall and potential conflict with existing use; and cost for parks signage. Councilmember Munson moved and Deputy Mayor Wilhite seconded that Council authorize 2003 summer recreation program as presented. The motion carried unanimously with six votes. City Newsletter: Councilmember Munson reported that he submitted a request for proposals from the Spokesman- Review Valley Voice and the Valley Herald for publication of a city newsletter pullout section four times per year. He has received information from only one paper at a cost of $1900 for each publication. Mayor DeVleming moved and Councilmember Flanigan seconded that Council authorize budget of $1900 per publication for a City Newsletter to be printed by the Spokesman - Review Valley Voice. The motion carried unanimously with six votes. Council Travel to Washington D.C. with Regional Chambers of Commerce: Councilmember Munson said that the Finance Committee has discussed policies for approval of such travel, but is looking for guidance as to what councilmembers wish to see prior to granting approval. There was discussion that there is a need to identify what topics Council Minutes, Feb. 25, 2003, Approved March , 2003 Page 2 of 7 - DRAFT- are on a conference agenda, need for more than one person because of conflicting workshop scheduling, specific benefit to Spokane Valley, and estimated costs. The consensus of councilmembers is that a policy be prepared by the Finance Conuiiittee for approval of Council travel reimbursement. Agenda Bill No. 2003 -052 (General Fees): Interim City Clerk introduced Ordinance No. 38 by reading the title. Councilmember Flanigan moved and Councilmember Denenny seconded that the rules be suspended for two readings of this ordinance. advance to second reading and adopt Ordinance No. 38 Relating to Fees Charged for Services Provided by the City. Interim Attorney Schwartz said that this establishes that fees may be set by resolution for annual reviewed. The motion carried unanimously with six votes. Tony Lazanis, 10625 East Trent, asked what the ordinance will cover, and was advised that it sets the stage for a master fee schedule resolution.. Agenda Bill No. 2003 -055 (Model Traffic Code as Amended): Interim City Clerk introduced Ordinance No. 47 by reading the title. Councilmember Flanigan moved and Councilmember Taylor seconded to suspend the rules for two readings of this ordinance, advance to second reading and adopt Ordinance No. 47 Adopting the Washington Model Traffic Ordinance, Except Certain Sections Contained in the Washington Administrative Code, Chapter 308 -330 \VAC. as the Traffic Regulations Within the City of Spokane Valley. Interim City Attorney Schwartz said that the state has provided written uniform traffic laws and summarized contents of these laws, noting that the bicycle licensing section has been deleted. There was discussion as to procedure for speed limit changes, parking meter provisions, a traffic engineer's role and management of city streets. The motion to adopt Ordinance No. 47 carried unanimously with six votes. Agenda Bill No. 2003 -056 (Criminal Code as Amended): Interim City Clerk introduced Ordinance No. 46 by reading the title. Councilmember Flanigan moved and Councilmember Munson seconded to suspend the rules for two readings of this ordinance, advance to second reading, and adopt Ordinance No. 46 Establishing a Criminal Code. Adopting by Reference Numerous Criminal Code Provisions From the Revised Code of Washington, Defining Other Criminal Offenses, Prescribing Penalties for Criniinal Violations Which Occur Within the City, and Establishing an Effective Date. Interim City Attorney Schwartz said that he used the services of Attorney Cary Driskell to write this ordinance, noting that the City only has jurisdiction over misdemeanors or gross misdemeanors as defined under RCW Title 9. and 9A. Driskell brought to the attention of the Council several sections of the ordinance that provide options for the City - Section 5 relating to punishment and restitution and Section 20 relating to drug paraphernalia. There was discussion with Captain Cal Walker of the Spokane County Sheriffs office as to what is presently in place in Spokane Valley relating to drug paraphernalia and method used by police to enforce the law; the fact that imposing a more restrictive law could lead to possible court challenges; that the current law in effect is preferred by police; that the Council should select either RCW 69.50.412 or RCW 69.50.4121 for penalties covering this type of criminal activity. Council Minutes, Feb. 25, 2003, Approved March 2003 Page 3 of 7 - DRAFT- Councilmember Manson suggested a friendly amendment to the motion to adopt RCW 69.51412, under Section 20 of this ordinance. The maker of the motion accepted the amendment_ Jim Kauffman, Spokane County Deputy Prosecutor, agrees with Captain Walker's points about drug paraphernalia and that it should be classified as a misdemeanor; and also cautions the City to be very cautious in the use of electronic monitoring. Responding to question relating to state law and whether incarceration costs are mandated to be paid by municipalities, Interim Attorney Schwartz will research this issue and report to the Council. There was further discussion about the discharge of firearms and paintball /BB guns and interpretation of disorderly conduct relating to a Child in school. Tony Lazanis, 10625 East Trent, questioned how police handle a situation when a property owner must use a gun for protection, and was advised that this would be handled during the charges filed by police. The motion to adopt Ordinance No. 46 as amended carried unanimousl with six votes_ Agenda Bill loo. 2403 -057 (General Penalty and Infractions): interim City Clerk introduced Ordinance No. 45 by reading the title. Councilmember Flanigan moved and Councilmember Denenn seconded to sus end the rules for two readings of this ordinance. advance to second reading and adopt Ordinance No, 45 Adopting a General Penalty Provision, a Civil Infraction System, Providing for Prosecution and Establishing an Effective Date. Interim Attorney Schwartz summarized the provisions of this ordinance that is a "catch - all" to cover any ordinance that may be written without a penalty attached. The tmiotion to adopt Ordinance No. 45 carried unanimous' with six votes_ Agenda Bill No. 2003 -042, Substitute Social Security Program. interim City Manager Walton said that the Council agreed at a study session not to participate in the social security system and this resolution establishes a substitute system providing for the equivalent percentages as the federal program. Councilmember Taylor moved and Couricilmember Denenny seconded to adopt Resolution No, 03 -020 'Establishing a Substitute Social Security Proran, for City Employees. Councilmember Munson and Deputy Mayor Wilhite voiced their opposition to this resolution. The motion to adopt Resolution No. 03 -020 carried by majority vote with tour a •e votes — is nor De leming, Councilmembers Denenny. Flanigan and Taylor; and two nay votes — Deputy Mayor Wilhite and Councilmember lvlunson, Agenda Bill loo. 2003 -469, Master Fee Schedule, interim Manager Walton said that this resolution implements Ordinance No. 38 by consolidating all fees for service into one document that must be reviewed annually and that the fees for this first year are based essentially on existing County Fees, Counciimember Munson moved and Councilmember Denenny seconded to adopt Resolution Igo, 03 -021 Ado tin.g a Master Fee Schedule. The motion carried unanimously with six votes_ Council Minutes, Feb_ 25, 2003, Approvcd March 2003 I'agc 4 of 7 Authorize Appropriation of Funds for Incorporation Celebration: Mayor DeVleming announced that this item will now be considered since Councilmember Schimmels still has not arrived. Bill Burke, of Burke Marketing, provided councilmembers with a modified budget proposal for the celebration expenses, noting that there is a difference of opinion between himself and the Council as to certain items being more important then others. By reducing his request for funding to $2500, this will allow the City to purchase those items that they feel should be included for this celebration. There was discussion with Burke about specifics of the expenses and sponsorships and the Mayor noted that the compromise he and Burke worked out is not specifically addressed in the changed line items. Councilmember Taylor moved and Councilmember Munson seconded that Council approve appropriation of $2500.00 funding for the incorporation celebration as requested by Burke Marketing. Councilmember Schimmels arrived at 7:48 p.m. Responding to question of Councilmember Munson, Mayor DeVleming said that he will not support this motion as the concerns he raised and worked out in a compromise with Burke have not been addressed. There were further questions of Burke as to specific events planned for the celebration. The motion to approve funding in amount of $2500 for the incorporation celebration failed with two aye votes — Deputy Mayor Wilhite and Councilmember Taylor: and five nay votes — Mayor DeVleming, Councilmembers Denenny. Flanigan, Munson and Schimmels. Mayor DeVleming called for a ten minute recess at 7:55 p.m. The meeting reconvened at 8:07 p.m. - DRAFT- Agenda Bill No. 2003 -060, Law Enforcement Services: Interim Deputy Manager McNutt and Captain Walker, fro►n the County Sheriff's office, reviewed the main points of this agreement that was negotiated with excellent cooperation from the County Sheriffs office. The agreement provides for a long -term relationship providing the same level of service or better with a department that emulates a City department and at cost of $11,537,018 for a full year, pro -rated to $6,729,928 for the year 2003. There was discussion as to how police staff will operate within Spokane Valley; what effects there may be with division of patrol and traffic officers to develop a "like" City department; the presence of officers in neighborhoods; and the fact that there will be a City Chief full time who will be responsive to the direction of the Council through the City Manager. Tony Lazanis, 10625 East Trent, said he would like to see the Police Chief salary deducted from the agreement and the position be directly employed by the City, and questioned if all of the people working under this contract would be stationed at the Valley Precinct. Interim Deputy Manager McNutt advised that there is provision for 101.5 fulltime employees in this contract, with some located in the downtown office and that under this contract the Chief will be chosen from among the qualified candidates within the department. Council Minutes, Feb. 25, 2003, Approved March J 2003 Page 5 of 7 - DRAFT- Interim Attorney Schwartz said that after meeting with County deputy prosecuting attorney and Spokane Valley staff, and his review of this agreement, he requests language modifications in the first paragraph of Section 5; first paragraph of Section 5.8; Section 5.11; Section 5.13; and the second bullet under Section 14.3. .Councilmember Munson moved and Councihnember Denenny seconded that Council authorize execution of Interlocal Agreement No. CO3 -14 for Law Enforcement Services in the City of the Spokane Valley with modifications suggested by Interim Attorney Schwartz. Councilmembers and the Mayor commended the County Sheriff's staff and the City team for negotiating a landmark agreement that is urban based, but neighborhood friendly. The motion to approve execution of Agreement No. CO3 -14 as modified carried unanimously. Agenda Bill No. 2003 -061, Prisoner Confinement, Geiger Facility (lnterlocal Agreement No. CO3 -15). Interim City Manager Walton said that this provides a more economical way for prisoner confinement and makes use of a work crew -work release program. Councilmembers requested that the Interim Attorney research to see if the City can recover costs for housing prisoners. Cary Driskell — 11014 East 21 explained a little about the electronic monitoring process for prisoners. Councilmember Denennv moved and Councilmember Schimmels seconded that Council authorize execution of agreement with Spokane County Regarding Confinement -Work Crew -Work Release at the Geiger facility. The motion carried unanimously. Interim Attorney Schwartz advised that he and City staff met with Spokane County deputy prosecutor and department heads today and there are some changes to be made to the four agreements relating to court services. He equested that action on these agreements be delayed to a later meeting. Council concurred that action on interlocal agreements coverin munici al court services ublic defender services . rosecutor services and 'ur manaeement services be dela ed until a later a_enda. City Manager and Staff Reports: Interim Manager Walton suggested that Council keep their calendars open March 20 and 27 for special meetings, if needed. Responding to a question, interim Attorney Schwartz summarized the Public Facilities District and the voter approved projects that are under discussion between the Public Facilities District, Spokane County and City of Spokane, noting that Spokane Valley has the option of waiting to participate for one year. Councilmember Munson moved that Council direct staff to begin en,gineerine studies for identification of problem areas that may need to have traffic speed revision. Following brief discussion as to what areas should be included in such a study, it was the consensus Council Minutcs, Feb. 25, 2003, Approved March _, 2003 Page 6 of 7 of Council that this will be addressed as citizens notify the City of problem areas. The motion died for lack of a second. Deputy Mayor Wilhite suggested that an appropriation be approved for memorabilia for the incorporation celebration, and provided costs for acquisition of lapel pins. The Council concurred that a $1 500.00 budget appropriation be made for celebration memorabilia. There was further discussion as to the protocol for Spokane Valley attendance at meetings of the Public Facilities District, the need for any attendees to clarify that they do not represent the City Council, the need for special legal counsel to represent Spokane Valley in these discussions, and the need to become knowledgeable about what role Spokane Valley will play in the Mirabeau project. Adjournment: Councilmember Flanigan moved and Councilmember Munson seconded that the meeting adjourn. The motion carried unanimously. The meeting adjourned at 9:28 p.m. ATTEST: APPROVED: Interim City Clerk Mayor Michael DeVleming kb - : DRAFT- Council Minutes, Feb. 25, 2003, Approved March 2003 Page 7 of 7 DRAFT CITY OF SPOKANE VALLEY City Council Minutes Regular /Public Hearing Meeting March 11, 2003 Mayor Michael DeVleming called the regular meeting to order at 6:02 p.m. held at the Valley Community Center. Councilmembers present: Mayor Michael DeVleming, Deputy Mayor Diana Wilhite, Councilmembers Dick Denenny, Mike Flanigan, Richard Munson, Gary Schimmels, and Steve Taylor (6:06 p.m.). Staff present: interim City Manager Lee Walton, Interim Attorney Stanley Schwartz, Interim Deputy Manager Stan McNutt, Interim Planning Director James Harris, Interim Long Range Planning Manager Greg McCormick, interim Current Planning Manager Kim Lyonnais, Interim Planner Scott Kuhta, Interim Public Works Director Richard Warren, Interim City Clerk Ruth Muller, and Interim Administrative Assistant Karin Bosworth. Invocation: Pastor Jim Catlin, Spokane Bible Church, gave the invocation. Pledge of Allegiance: Deputy Mayor Wilhite led the pledge of allegiance. Roll Call: Interim City Clerk called roll. Approval of Agenda: Deputy Mayor Wilhite moved and Councilmember Schiminels seconded that the Agenda be approved. The motion carried unanimously with six votes. Councilmember Taylor arrived. Council Reports: Councilmember Flanigan reported that planning for the incorporation celebration is on schedule and thanked AmericanWest Bank for being a prime sponsor of this event. The incorporation ceremony /ribbon cutting will be held at City Hall on March 31. Tickets to the Mayor's Ball will be available at TicketsWest, Valley Chamber, City Hall, and AmericanWest Bank. Councilmember Munson moved and Councilmember Taylor seconded that $2,000 in seed money be authorized for the incorporation celebration. The motion carried unanimously. Councilmember Munson reported that he and Deputy Mayor Wilhite attended the memorial service held earlier today for Lt. Col. Michael Anderson, and it was an honor to represent Spokane Valley. Consent Agenda: Mayor DeVleming moved and Councilmember Munson seconded that the Consent Agenda be approved. The motion carried unanimously approving (a) regular meeting minutes, February 25, 2003; (b) special meeting minutes. February 27, 2003, and (c) claims oblieations in amount of $139.739.71. .Council Minutes February 25, 2003. Approved on March 2003 Puge 1 of 8 DRAFT Public Hearing — Spokane County Comprehensive Plan: Mayor DeVleming opened the public hearing at 6:15 p.m., detailed the procedure that will be followed, with staff presentation first. interim Attorney Schwartz said that a comprehensive plan is a general set of guidelines that sets goals and policies, that there are various elements to be included as required by the State Growth Management Act, that a newly incorporated city has three years in which to develop its own comprehensive plan, that staff recommends the Council adopt Spokane County's Comprehensive Plan by reference, and staff will make minor changes to the County Plan as directed by Council following citizen input at this hearing. Mayor DeVleming asked if there were questions of staff from Council. Councilmember Munson requested affirmation that this is only a temporary interim plan for Spokane Valley, and that following incorporation there may be changes made by the Council, and was advised that this is a proposed interim plan for the City. Councilmember Denenny requested clarification as to the public process if the Council should determine the need for any changes. Interim Attorney Schwartz said that the City should conform to requirements of the Growth Management Act, and this hearing tonight gives the public opportunity to comment on the proposed interim plan, and with two readings of the ordinance there will be a total of three opportunities for public input prior to adoption of the interim plan. An environmental checklist could also be prepared if the Council elects to make major changes to the County plan. Mayor DeVleming opened the hearing for public comment. Howard Herman, 117 North McDonald, said that as a member of the transition committee reviewing this issue, the only objection the committee has to the County Plan relates to the industrial and commercial zones that were over- managed; the County did a good job on the residential zones. Herman pointed out specific areas that would be non - conforming under the County Plan and he feels this could have a deleterious affect on the community with a reduction in sales tax if these properties are restricted for any redevelopment. During incorporation efforts a pledge was made to the community that this would be a business friendly city that should be kept by the Council. interim Community Development Director Harris clarified information contained on the zoning maps. Bill Gothmann, 10010 East 48 Avenue, said that the Growth Management Act advises cities and counties to make many choices about accommodating growth, and Spokane Valley should evaluate long -term effect choices we make will have on the community, and make careful choices to preserve the many choices the citizens of the area have. Gothmann pointed out policies in the County Plan that may be inconsistent with what the Spokane Valley community desires, and urges the Council to produce a 20 -year comprehensive plan that will preserve the diversity of this community. Council Minutes February 25, 2003. Approved on March _, 2003 Page 2 of 8 DRAFT Tony Lazanis, 10625 East Trent, commented that he feels neighborhoods could be unsafe by allowing mixed type of uses and requested that the Council assure there is protection of the neighborhoods and of the river. The mayor asked if there were questions of the speakers or staff from the Council. Councilmember Munson asked Mr. Herman and Mr. Gothmann to provide specific information relating to the stated concerns that may be addressed by the City's Planning Commission once that body is appointed and begins work on developing the City's comprehensive plan. Mayor DeVleming closed the public hearing on Spokane County Comprehensive Plan at 6:35 p.m. Public Hearing — Spokane County Phase I Zoning Ordinance: Mayor DeVleming opened the public hearing at 6:36 p.m. Interim City Attorney Schwartz said that staff recommends that Spokane Valley adopt by reference Spokane County Phase I zoning code. A zoning code provides for development regulations that are the laws placed on the use of land within the City. Some minor modifications may be proposed to the County zoning code for the interim Spokane Valley zoning code. interim Community Development Director Harris provided copies of a list submitted by Wayne Frost requesting specific uses to be allowed in the I -2 zoning district noting that the listed uses are allowed in the plan except in the I -4 zoning. Councilmember Munson asked if Council has authority to change uses. Interim Attorney Schwartz advised that the Council has the ability to modify the zoning code, but must assure that any changes are in compliance with the comprehensive plan. Councilmember Flanigan said that it was his understanding that the purpose of the Growth Management Act is to reduce urban sprawl. As land values in a city core rise, the businesses look for lower priced property out of the urban area, and he questions allowing for retail and business use within an industrial zone, since that may eliminate ability for new industrial development. Commercial development may be allowed around industrial zoning. Mayor DeVleming opened the hearing for public comment. Rob Amsden, 3025 South Bannen Court, requested that the Council continue the I -2 zoning. He suggests that Spokane Valley review the former matrix used by Spokane County prior to adoption of the Phase 1 zoning code since that matrix allowed for churches, self - service storage facilities, retail and business uses in an 1 -2 zone. These uses are Council Minutes February 25, 2003. Approved on Mardi _, 2003 Page 3 of 8 DRAFT presently excluded from the County's 1 -2 zone and he believes the City has an opportunity to make changes that will send a message that Spokane Valley is a business friendly city. Kerry Orcutt, 1304 North Evergreen, asked the Council to reconsider the zoning in his neighborhood on the east side of Evergreen Road. The west side of Evergreen Road in this area is zoned for mixed use and the east side is strictly low density residential. David Gump, 1314 North Evergreen Road, supports changing the zoning for the east side properties of Evergreen Road to the same zone as provided on the west side of the street, since property values have dropped dramatically since improvements were made to Evergreen Road. John Konen, Storhaug Engineering Company, said he is representing businesses on the south side of Sprague Avenue that currently have received unintended consequences of the two or three different types of zoning for properties between Appleway and Sprague. The new zoning for this area will make it difficult for properties to remodel and for new development and urges the Council to consider changes that will provide user friendly zoning and support of the business community. Lloyd Thomson, 4202 East Lane, owns property in the area Mr. Konen spoke about. Since there is one zone on the front part of the property and a different zone on the back side of the property, it makes it impossible to get any permit. This conflicting zoning makes the properties non - conforming and property owners need a remedy, so he urges the Council to consider addressing this inconsistency. Mayor DeVleming asked if Council had any questions of citizens or staff. Councilmember Munson noted that the testimony indicates that there is a sense of urgency for addressing some of these concerns soon so that controlled growth can go forward, and questions if making any changes needs to be delayed until the City Planning Commission is in place. Interim Attorney Schwartz advised that during the period prior to incorporation, the Council is able to make minor changes through legislation without the process that is required following incorporation. Councilmember Munson said that his experience on the Board of Equalization confirms the difficulty for the Assessor to assess property at its highest and best use when there is mixed zoning, and asked that staff address the situation on Evergreen. Councilmember Flanigan said that information he obtained from the County relating to the Evergreen area was that these properties are too narrow for commercial zoning, so a zoning change would have to be extended beyond the ones fronting on Evergreen, and wondered if the property owners had received similar information. Mr. Torgerson and Mr. Konen identified that the properties they represent are one acre in size and one -half acre in size and one is unique since it is landlocked with no street access. Council Minutes February 25, 2003. Approvcd on March 2003 Page 4 of 8 DRAFT interim Conununity Development Director Harris said that the Planning Department has met with property owners along Sprague Avenue in the area under question, recognize the problem, and will work towards developing solutions. Staff also recognize the problem on Evergreen and will work closely with the attorney to see what solutions may be available to address this problem. Harris said that a zoning code should not be rigid, and he feels that Spokane Valley can have a dynamic zoning code that lives and breathes for its citizens and that can be interpreted to work for the community. Councilmember Denenny said that he senses that some situations need flexibility and noted the City needs to have a Planning Director who will have this attitude for working with the community. Harris said that the Council can set the tone for what they wish for the City, and then through the Planning Commission, changes can be made. It is an exciting time for the City to begin to make change from a fresh new start. Interim Attorney Schwartz said that staff will provide information on possible minor changes to the code at the second reading of the ordinances next meeting. Mayor DeVleming closed the public hearing at 7:10 p.m. Agenda Bill No. 2003 -070 (Comprehensive Plan): Interim City Clerk introduced Ordinance No. 52 by reading the title. Councilmember Munson moved and Councilmember Denenny seconded that Ordinance No. 52 Adopting the Spokane County Comprehensive Plan, Capital Facilities Plan and Maps as the Interim Comprehensive Plan of the City be advanced to second reading. interim City Attorney_Schwartz said that this ordinance provides for adoption of the County Comprehensive Plan by reference and it will become the interim Spokane Valley Comprehensive Plan. The motion carried unanimously. Agenda Bill No. 2003 -071 (Phase I Zoning Ordinance): Interim City Clerk introduced Ordinance No. 53 by reading the title. Councilmember Taylor moved and Councilmember Flanigan seconded that Ordinance No. 53 Adopting by Reference Chapters 14.100 Through 14.800 With Appendices Entitled the Spokane County Zoning Code as Supplemented and Amended by the Phase I Development Regulations as the Interim Development Regulations of the City be advanced to second reading. Interim Attorney Schwartz said that the ordinance provides for adoption of the County code by reference. Councilmembers concurred that staff be directed to address some of the issues raised at the public hearing for changes to the code before adoption. The motion carried unanimously. Agenda Bill No. 2003 -072 (Phase i Zoning Map): Interim City Clerk introduced Ordinance No. 54 by reading the title. Councilmember Denenny moved and Councilmember Flanigan seconded that Ordinance No. 54 Adopting by R.eference the Spokane County Zoning Map(s) as the Interim Zoning Man(s) of the City be advanced to second reading. Interim City Attorney Schwartz said that this ordinance adopts a map that shows parcel by parcel the zoning that is provided for in the Phase i zoning code. Council Minutes February 25, 2003. Approved on March 2003 Page 5 of 7 DRAFT Rick Kurtz, 4515 East 14 submitted a listing of members of the Woodland Terrace Preservation Society. There is an asphalt plant proposed near his back yard on approximately 55 acres that would affect the quality of life of these 125 homes and he asks the support of the Council to address protection of these properties. Duane Schofield, 16317 North Beardsly, wondered if the immediate fixes by the City will be shown on the zoning map. Schofield said that he submitted a letter some time ago relating to the Sprague Avenue couplet and notes that the City should assure that transportation courses are friendly to the business community. John Konen, Storhaug Engineering, said that the map on display this evening is a composite neap put together by the County and there is no guarantee that it includes all the specifics on the map that the County has. Interim Community Development Director Harris said that this is a display map, and the official zoning maps will be what is used to guide the staff. The motion to advance Ordinance No. 54 to second reading carried unanimously. Agenda Bill No. 2003 -073 (State Environmental Policy Act): Interim City Clerk introduced Ordinance No. 48 by reading the title. Councilmember Taylor moved and Councilmember Schimmels seconded that the rules be suspended for two readings of this ordinance advance to second readin and ado t Ordinance No. 48 Ado tin by Reference the Spokane Environmental Ordinance Implementing the "State Environmental Policy_ Act" as the Environmental Regulations of the City. Interim City Attorney Schwartz said that this ordinance implements the state SEPA guidelines and is based on the model ordinance provided by the state. Howard Herman,117 North McDonald, said the transition team took a look at this ordinance and others proposed this evening and agree that these are mandated by the GMA and should be adopted as they are. The motion to adopt Ordinance No. 48 carried unanimously. Agenda Bill No. 2003 -074 (Flood Hazard Plan): Interim City Clerk introduced Ordinance No. 51 by reading the title. Deputy Mayor Wilhite moved and Councilmember Munson seconded that the rules be suspended for two readings of this ordinance, advance to second reading. and ado _ t Ordinance No. 51 Ado Stine by Reference Chapter 3.20 of the Spokane County Code Entitled "Flood Damage Protection ". Interim Attorney Schwartz said that this ordinance provides for Mood control and allows residents who are in a flood zone to acquire flood insurance. The motion carried unanimously. Agenda Bill No. 2003 -075 (Critical Areas): Interim City Clerk introduced Ordinance No. 49 by reading the title. Councilmember Munson moved and Councilmember I)enenny seconded that the rules be suspended for two readings of this ordinance, advance to second readin . and adopt Ordinance No. 49 Ado tin by Reference Cha ter 11.20 Entitled "Critical Areas" of the Spokane County Code as the Interim Critical Areas Council Minutes February 25, 2003. Approved on March 2003 Page 6of7 DRAFT Regulation of the City. Interim Attorney Schwartz said that the GMA requires that cities have regulations covering certain areas defined as critical areas. The motion carried unanimously. Agenda Bill No. 2003 -076 (Critical Areas Map) Interim City Clerk introduced Ordinance No. 50 by reading the title. Deputy Mayor Wilhite moved and Councilmember Flanigan seconded that the rules be suspended for two readings of this ordinance, advance to second reading and adopt Ordinance No. 50 Adopting by Reference "Critical Areas Map(s)" of Spokane County as the Interim Critical Areas Map(s) of the City. The motion carried unanimously. Agenda Bill No. 2003 -077 (Business Registration): Interim City Clerk introduced Ordinance No. 34 by reading the title. Councilmember Munson moved and Councilmember Flanigan seconded that the rules be suspended for two readings of this ordinance advance to second reading and adopt Ordinance No. 34 Ado.tinR a Business Registration System for the City of Spokane Valley. Interim Attorney Schwartz noted that no fees will be imposed for registration in 2003, although the Council could decide at a later date to charge a nominal fee. Interim Manager Walton said registration of businesses provides a mechanism for the City to make sure we receive the tax revenues from businesses within the corporate boundaries and to make sure the businesses are in zoning compliance. The motion carried unanimously. Public Comments: Rob Amsden, 3025 South Bannen Court, urges the City to consider doing electrical inspection in -house as they set up the one -stop permit center. Jeff Goodwin, 14211 East Broadway, also would like to see the City provide electrical inspections in -house as it makes it much more efficient for applicants. He also has a concern that Spokane Valley may not be able to handle the volume of work with two inspectors, and questioned the process for obtaining permits. Adjournment: Councilmember Flanigan moved and Councilmember Munson seconded that the meeting adjourn. The motion carried unanimously. The meeting adjourned at 7:46 p.m. ATTEST: APPROVED: Interim City Clerk Mayor Michael DeVlem.ing kb Council Minutes Fcbruaiy 25, 2003. Approved on March _, 2003 Page 7 of 7 CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. eR 403- 06 DATE ACTION IS TITLE: REQUESTED: Subdivision Mortd, a•s, aa33 APPROVED FOR ATTACHMENTS: COUNCIL PACKET: Proposed Ordinance No. .58 City Manager Dept. Head Attorney Approve As To Form TYPE OF ACTION: X Ordinance Resolution Motion Other SUBMITTED BY: Interim Community Development Director STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Suspend the rules for two readings, advance to second reading and adopt the Spokane County Subdivision Ordinance as amended. DISCUSSION: The Spokane County Subdivision Ordinance meets the requirements of the State Subdivision Act (RCW 58.17) which purpose is to regulate the subdivision of land to promote the public health, safety, and general welfare in accordance with standards established by the state. The proposed amendment would permit short subdivisions of 5 to 9 lots in addition to the 2 to 4 lot short subdivisions now permitted in the ordinance. ALTERNATIVES: None. Local subdivision ordinances are mandated by RCW 58.17. FISCAL IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: C:V1M11Agcnda Bill - Subdivision Ordinance.doc P: \ordinanceslOrdinnncc No.58, Suhdivisions.doc CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 58 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING BY REFERENCE TITLE 12, ENTITLED "SUBDIVISIONS" OF THE SPOKANE COUNTY CODE AS THE INTERIM SUBDIVISION REGULATIONS OF THE CITY. WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003; and WFIEREAS, the City of Spokane Valley must have enforceable subdivision regulations in effect on the date of incorporation; and WI- IEREAS, subsequent to incorporation the City intends to embark on a comprehensive planning process including revisiting adopted interim regulations when the Planning Commission is established and planning staff is available to the City; NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Authority to Adopt Interim Subdivisions. Pursuant to RCW 35.21.180, 35A.11.020 and 35A.1.2.140, the City adopts by reference Title 12 entitled "Subdivisions" of the Spokane County Code ( "Subdivision Regulations ") which is attached hereto as Exhibit "A" and fully incorporated by this reference as set forth in full except as modified below. All references to "Spokane County" in Title 12 shall be construed to refer to the City of Spokane Valley. References to "Director" or "Division" shall mean the Director and/or Division of the City of Spokane Valley Planning Department. Section 2. Amendment to Spokane County Code Chapter 12300. Section 12.300.102 entitled "General Provisions" of the Spokane County Subdivision Ordinance is hereby amended as follows: The purpose of this chapter is to provide a process to divide land into fear —(4) nine (9) for fewer lots, tracks, parcels, sites or divisions with a level of review that is proportional to the effect those lots may have on the surrounding area. Any person seeking to divide or redivide land situated within the unineetvehate —areas of Spokane—County the City of Spokane Valley into four -(4) nine (91 or fewer tracks for the purpose of sale, lease or transfer of ownership, unless exempted under the provisions of Chapter 12.100 of this ordinance, shall submit an application for approval of a short Subdivision to the Director together with the appropriate application fee. Page 1 Land within a -short subdivision may not be further divided in any manner within a five year period immediately following filing of a short plat unless such a division is approved in accordance with the provisions of Chapter 12.400 of this ordinance, except that when the short plat contains fewer than four (4) parcels, nothing in this ordinance shall prevent the owner who filed the short plat from filing an alteration within the five (5) year period to create up to a total of four—(4) nine (9) lots within the original short plat boundaries. Alterations to create additional lots shall be processed under the provisions of Chapter 12.100 of this ordinance. There are two types of short subdivisions permitted by this ordinance T 4. e 1 and T 1 e 11. T e l short subdivisions refer to arcels lots tracks site an land beine divided into four or subdivisions any one of which is less than twenty (20) acres in size and which has not been divided in a short subdivision within a period of five (5) years. Type 11 short subdivisions refer to any land being divided into more than four (4) and less than ten (10) parcels, lots, tracks, sites or subdivisions any one of which is less than twenty (20) acres in size in which have not be subdivided in a short subdivision within a period of five (5) years. The provisions provided in Sections 12.300.102 through l2 300 120 shall apply to Type 1 and Tyne 1,1 short subdivision except that in addition to the above sections all Type II short subdivisions shall also comply with Sections 12.400.122 through 12.400.1.38. Section 3. Amendment to Section 12.300.122. Section 12.300.122 of the Spokane County subdivision ordinance is amended as follows: Direct access to every residential lot shall be provided by a public or private road, or private driveway easement for Type 1 short subdivisions. The road standards of Chapter 12.400 shall apply to Type H short subdivisions. [The remainder of this section is not changed]. Section 4. Adoption of Certain Other Laws. To the extent that any provision of the Spokane County Code, or any other law, rule or regulation referenced in the attached Subdivision Regulations is necessary or convenient to establish the validity, enforceability or interpretation of the Subdivision Regulations, then such provision of the Spokane County Code, or other law, rule or regulation is hereby adopted by reference. P:10rdinanccslOrdinance No.58, Subdivisions.doc Page 2 Section 5. Reference to Hearin Bodies. When the attached Subdivision Regulations refer to planning commissions, board of appeals, hearing examiner, or any other similar body, the City Council shall serve in all such roles, but retains the right to establish any one or more of such bodies, at any time and without regard to whether any quasi-judicial or other matter is then pending. Section 6. Subdivisions — Copies on File. The City Clerk is to maintain one copy on file of the Subdivision Regulations adopted by this ordinance. Section 7. Viability. The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this ordinance shall rest with the permit applicant and their agents. This ordinance and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. Section 8. Severability. 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. Section 9. Effective Date. `f his Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of March, 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: P:\Ordinances\0adinsmce No.58, Subdivisions.doc Mayor, Michael DeV Leming Page 3 The following is the title and summary of Ordinance No. passed by the City of Spokane Valley City Council on the day of , 2003. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING BY REFERENCE TITLE 12, ENTITLED "SUBDIVISIONS" OF THE SPOKANE COUNTY CODE AS THE INTERIM SUBDIVISION REGULATIONS OF THE CITY. The introductory paragraphs state Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 establishes a severability clause in the event some portion of the Ordinance is held invalid. Section 8 states this Ordinance shall be in full force and effect five (5) days after publication of the Ordinance Summary, and on the date of incorporation. The full text of the Ordinance is available at the City of Spokane Valley City offices as identified above. A copy will be mailed out upon request. Ruth Muller Interim City Clerk Published: P: \OrdinanceslOrdiiuincc 14o.58, Subdivisions.doc City of Spokane Valley 11707 E. Sprague Spokane, WA 99206 (509) 921 -1000 NOTICE OF ORDINANCE PASSED BY SPOKANE VALLEY CITY COUNCIL Page 4 DATE ACTION IS REQUESTED: T arck of S, aeo 3 Attorney Approve As To Form SUBMITTED BY: Jim Harris A.LTER.NATTI VES: None. This is a state mandate. FISCAL IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No: ,fRGY03 ~O2 TITLE: Essential Public TYPE OF ACTION: Facilities Interlocal Agreement X Ordinance APPROVED FOR COUNCIL PACKET: ATTACHMENTS: Resolution City Manager Motion d" Dept. Head Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Adopt the Interlocal Agreement regarding siting of Essential Public Facilities within Spokane County with Attachment A (Administrative Procedures) and adopt the unified Spokane County Regional Siting process administrative fee. DISCUSSION: The Growth Management Act (GMA) RCW 36.70A.200 requires that no local comprehensive plan or development regulation preclude the siting of essential public facilities. Essential Public Facilities include those facilities that are typically difficult to site such as airports, state - educational facilities, state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities, mental health facilities and group homes. CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No.,--9,003 -OS 7 DATE ACTION IS REQUESTED: TITLE: Shoreline Master Program Ordinance APPROVED FOR COUNCIL PACKET: ATTACHMENTS: Proposed Ordinance No. 5 City Manager Dept. Head Attorney Approve As To Form TYPE OF ACTION: Y Ordinance Resolution Motion Other SUBMITTED BY: Interim Community Development Director STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Suspend the rules for two readings, advance to second reading, and adopt the Spokane County Shoreline Master Program. DISCUSSION: The Spokane County Shoreline Master Program meets all of the current requirements of the Washington State Shoreline Management Act (RC\V 90.58) and will be Spokane Valley's guide for directing development within 200 feet of the Spokane River and Shelly Lake. New State guidelines will cause the City to undertake a review of the Shoreline Program in the near future. ALTERNATIVES: Do not adopt the Spokane County Shoreline Master Program but do our own program (this would in effect place a moratorium on development within 200 feet of the Spokane River and Shelly Lake until a new master program could be adopted). FISCAL IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 59 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING THE SPOKANE COUNTY SHORELINE PROGRAIVI AND RELATED REGULATIONS AS THE INTERIM SHORELINE MANAGEMENT PROGRAM OF THE CITY. WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003; and WHEREAS, the City, in order to regulate shorelines of statewide significance within the City of Spokane Valley is required to adopt a Shoreline Program under the State Shoreline Management Act, RCW Chapter 90.58; WHEREAS, Spokane County has adopted a Shoreline Prograrn that has been approved by the Department of Ecology as set forth in WAC 173 -22 -0664 with subsequent revisions and amendments by the County; WHEREAS, until the City of Spokane Valley studies and reviews its City Shoreline Program, the City will continue to enforce Spokane County's approved Shoreline Program; and WHEREAS, this ordinance is necessary to establish and adopt a Shoreline Program with related regulations for the City of Spokane Valley. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Shoreline Master Program and Regulations. Pursuant to RCW • 35A.11.020 and 35A.12.140, the City adopts by reference the Spokane County Shoreline Program which is attached hereto as Exhibit "A" and incorporated herein by this reference as presently constituted or hereinafter amended as the interim Shoreline Program and Shoreline Regulations of the City of Spokane Valley. Unless the context requires otherwise, references to Spokane County shall refer to the City of Spokane Valley. References to "Director" or other County official shall mean the City Manager or designee. Section 2. Adoption of Other Laws. To the extent that any provision of the Spokane County Code, or any other law, rule or regulation referenced in the attached Shoreline Program is necessary or convenient to establish the validity, enforceability or interpretation of the Shoreline Program, then such provision of the Spokane County Code, or other law, rule or regulation is hereby adopted by reference. Section 3. Reference to Hearing Bodies. To the extent that the attached Shoreline Master Program refers to planning commissions, board of appeals, hearing examiner, or any other similar body, the City Council shall serve in all such roles, but retains the right to establish P:1Ordinanccs \Ordinancc No.59, Shortine Mgrntdoc Page 1 any one or more of such bodies, at any time and without regard to whether any quasi-judicial or other matter is then pending. Section 4. Shoreline Program - Copies on File. The City Clerk is to maintain one copy on file of the Shoreline Program with amendments adopted by this ordinance. Section 5. Liability. The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this ordinance shall rest with the permit applicant and their agents. This ordinance and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. Section 6. Severability. 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 Section 7. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of March, 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: P:IOrdinanccslOrdini nce No.59, Shorlinc MgmLdoc Mayor, Michael DeVleming Page 2 The introductory paragraphs state Ruth Muller Interim City Clerk Published: P:IOrdinances1Ordinaoce No.59, Shorline MgmLdoc City of Spokane Valley 11707 E. Sprague Spokane, WA 99206 (509) 921 -1000 NOTICE OF ORDMANCE PASSED BY SPOKANE VALLEY CITY COUNCIL The following is the title and sumTnary of Ordinance No. passed by the City of Spokane Valley City Council on the day of , 2003. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING THE SPOKANE COUNTY SHORELINE PROGRAM AND RELATED REGULATIONS AS THE INTERIM SHORELINE MANAGEMENT PROGRAM OF THE CITY. Section 1 the City adopts the Spokane County Shoreline Program and Regulations. Section 2 adopts, as necessary for interpretation, other County rules or regulation. Section 3 makes the City Council the Hearing Body unless otherwise provided by ordinance. Section 4 requires a copy of the Shoreline Program be maintained by the City Clerk. Section 5 places permit responsibility on the applicant. Section 6 establishes a severability clause in the event some portion of the Ordinance is held invalid. Section 7 states this Ordinance shall be in full force and effect five (5) days after publication of the Ordinance Summary, and on the date of incorporation. The full text of the Ordinance is available at the City of Spokane Valley City offices as identified above. A. copy will be mailed out upon request. Page 3 CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 4OU3 --QSg DATE ACTION IS REQUESTED: m� as, aC° 3 APPROVED FOR COUNCIL PACKET: City Manager Dept. Head Attorney Approve As To Form TITLE: Land Use Permit Application Ordinance ATTACHMENTS: Ordinance No. , 0 TYPE OF ACTION: X Ordinance Resolution Motion Other SUBMITTED BY: Interim Community Development Director STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Suspend the rules for two readings, advance second reading and adopt the Land Use Permit Application Ordinance. DISCUSSION: The Revised Code of Washington (RCW 37.70B) requires that all cities adopt a land use application process which clearly outlines how different permit applications will be reviewed. RCW 37.7013 specifically directs cities to relate their project review procedures to fundamental land use planning choices made in the comprehensive plan and development regulations (subdivision, zoning and etc. ordinances). ALTERNATIVES: None. This is a State mandate. FISCAL IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: MY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 4 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING BY REFERENCE THE SPOKANE COUNTY "APPLICATION REVIEW PROCEDURES FOR PROJECT I'ERMi.TS" AS THE .INTERIM APPLICATION REVIEW PROCEDURES FOR PROJECT PERMITS OF THE CITY. WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003; and WHEREAS, the City of Spokane Valley pursuant to RCW Chapter 36.70B must have enforceable application review procedures for project permits in effect on the date of incorporation; and WHEREAS, the City intends to embark on a comprehensive planning process including revisiting adopted interim regulations after the date of incorporation when additional time, resources and planning staff are available to the City; NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Authority to Adopt Interim Application Review Procedures for Project Permits. Pursuant to RCW 35A.11.020 and 35A.12.140, the City adopts by reference the Spokane County "Application Review Procedures for Project Permits" which is attached hereto as Exhibit "A" and fully incorporated by this reference as if set forth in full. References to "Spokane County" in the Application Review Procedures for Project Permits shall be construed to mean the City of Spokane Valley and references to County Staff shall refer to the City Manager or designee unless the context requires otherwise. Section 2. Adoption of Certain Other Laws. To the extent that any provision of the Spokane County Code, or any other law, rule or regulation referenced in the attached Application Review Procedures for Project Permits is necessary or convenient to establish the validity, enforceability or interpretation of the Application Review Procedures for Project Permits, then such provision of the Spokane County Code, or other law, rule or regulation is hereby adopted by reference. Section 3. Reference to Hearing Bodies. When the attached Application Review Procedures for Project Permits refer to planning commissions, board of appeals, hearing examiner, or any other similar body, the City Council shall serve in all such roles, but retains the right to establish any one or more of such bodies, at any time and without regard to whether any quasi-judicial or other matter is then pending. PAIOrdinances\Ordinancc No. Application Review.doc Page 1 Section 4. Application Review Procedures for Project Permits — Copies on File. The City Clerk is to maintain one copy on file of the Application Review Procedures for Project Permits adopted by this ordinance. Section 5. Liabili The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this ordinance shall rest with the permit applicant and their agents. This ordinance and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. Section 6. Severability. 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. Section 7. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of March, 2003. interim City Clerk, R.uth Muller Approved as to Forni: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: P:4Ordinances40rdinance No. Application Rcvicw.doc Mayor, Michael DeVlemi.ng Page 2 City of Spokane Valley 11707 E. Sprague Spokane, WA 99206 (509) 921 -1000 NOTICE OF ORDINANCE PASSED BY SPOKANE VALLEY CITY COUNCIL The following is the title and summary of Ordinance No. passed by the City of Spokane Valley City Council on the day of , 2003. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING ING BY REFERENCE THE SPOKANE COUNTY "APPLICATION REVIEW PROCEDURES FOR PROJECT PERM TS" AS THE INTERIM APPLICATION REVIEW PROCEDURES FOR PROJECT PERMITS OF TFJE CITY. The introductory paragraphs state the City is adopting land use review procedures. .Section 1 adopts Review Procedures for Land Use Permits. Section 2 adopts, as necessary, rules of Spokane County. Section 3 makes the City Council the Hearing Body unless provided otherwise by ordinance. Section 4 requires the City Clerk to maintain a copy of the Review Procedures on file. Section 5 places permit responsibility on the applicant. Section 6 establishes a severability clause in the event some portion of the Ordinance is held invalid. Section 7 states this Ordinance shall be in full force and effect five (5) days after publication of the Ordinance Summary, and on the date of incorporation. The full text of the Ordinance is available at the City of Spokane Valley City offices as identified above. A copy will be mailed out upon request. Ruth Muller Interim City Clerk Published: P:10rdinancesl0rdinance No. Application Review.doc Page 3 CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. a1k)3 U9Z. DATE ACTION IS TITLE: TYPE OF ACTION: REQUESTED: Phase I Zoning Map Ordinance PI ai t I, 10 First reset IYur -ok a-, d(63- 5ttw.d Reap( ATTACHMENTS: X Ordinance APPROVED FOR COUNCIL PACKET: Proposed Ordinance No. 5 Resolution City Manager Motion 9 7 - uF Dept. Head Other Attorney Approve As To Form SUBMITTED BY: Interim Community Development Director STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: To adopt Spokane County's Phase 1 Zonin Map as amended. DISCUSSION: The Phase I Zoning Map indicates where in the City the different zoning districts, as enumerated in the Phase 1 Zoning Ordinance, are located. The zoning map is an integral part of the Phase I Zoning Ordinance which ordinance describes the development standards in the different zoning districts and what types of land uses are permitted in each district. ALTERNATIVES: None FISCAL IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. ADDS -49/ DATE ACTION 1S REQUESTED: March 11, 2003- FirstR L lna vs a ou 3 - Se Read APPROVED FOR COUNCIL PACKET: City Manager ( 90.(4- Dept. Head Attorney Approve As To Form TITLE: TYPE OF ACTION: Phase I Zoning Ordinance ATTACHMENTS: X Ordinance Proposed Ordinance No. 5 Resolution Motion Other SUBMITTED BY: Tnterim Director of Community Development STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Adopt Spokane County's Phase 1 Zoning Ordinance as amended. This zoning will aid in implementing the County's 2002 Comprehensive Plan as amended by the City. DISCUSSION: Phase 1: Zoning is an interim zoning ordinance that will be in place until the City develops its own zoning ordinance. The proposed amendments are those that were discussed at the City Council public meeting on March 11 ALTERNATIVES: Do not adopt the County's Phase I Zoning Ordinance; instead adopt the County's ordinance that was in place prior to the Phase T Ordinance. FISCAL IMPACT: SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No.003 —DrWO TITLE: TYPE OF ACTION: Comprehensive Plan DATE ACTION IS REQUESTED: March 11, 2003 o ►' ,arch -S2.ecv,1 ee.1.4 X Ordinance APPROVED FOR ATTACHMENTS: COUNCIL PACKET: Ordinance No. 5,2.. Resolution City Manager Motion Dept. Head Other Attorney Approve As To Form SUBMITTED BY: Interim Community Development Director STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Adopt the Spokane County 2002 Comprehensive Plan as amended. DISCUSSION: The Spokane County 2002 Comprehensive Plan meets the basic requirements of the State Growth Management Act (GMA). The City has three years Mier March 31 to formulate its own plan. Proposed amendments will address some of the land use inconsistencies that are to be found in the County's Plan and that were called to the attention of the City Council at the March 11 Public Meeting. ALTERNATIVES: Do not adopt the County's 2002 Plan; instead adopt the County's 1981 plan. FISCAL IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: ki*.kEiCIKII:arfiiiiitgAiiCegilifilaikaiRAMOO,Blleg iii.laita.r.Aftleitr,*:-.4,:460 I 1-010%ThIgs 3/21/2003 • " $2,055.25 Resource Computing, Inc.. ' Laborfor IT tech services , .yi.; :y.. ff '...!..y.: F ....Y..Y. yi..Z.: "i/ii.F., iii.....Y Y........: 7 ' . ." 7 : -,'...; i... . . - 7 , Y........ .....j..7.-7. 7 ... ... " ff : . F:F.F. -.../..y.y. ..,....... .::::-. ......... :Y.:7Z .......Y.:.:. ..:-/..: ffi....!- 7'...7.- '''....-" - .....Y....::: Fii... Ei......... 7,. ..F- 'a gf ......._ -7. ,,,,. . , ....Zi.x. yii. Tii . /.6. - :::: ::.:- -.',:-:.: P.-" :::::::::- '. F. 2 :::::::: . : . vs'::: -= Fi- .!,/.....:., '..... ,,,, ......,,, 7........y.... . ...,,„, ...„....... ........ ... • $15.58 Steve Taylor .... .......... Reimbursement for travel expen . 3/21/2003 $73.34 . Sue Larson Reimbursement for postage & mtg supplies 3/21/2003 $53.97 —....................................... DickThiel ' .........---................................................„.... Reimbursement for travel & office sup lids ......... , ............... ..... ........... •....P. ..... '...........-....... 580.05 Robert Noack Reimbursement for meeting pro . 3/2 . 1/2003 $23.44 Inland Business Products Employee IDs 3/21/2003 $100,754.08 Prothman Company Consulting fees for period endin 3/14/03 3/2'1/2003 s88.34 pon Morrison • . Reimbursement for office supplies . - - • • • • • • • • ••::::•• . •••• --••••••-•-••••1•••••••••••-•-•-•-••-•:::::•—•-•.--- ...•...• ...........•-•—•-•.•.....•-•.•.•••...-.•:.1.•-•.---------.•-•.•., 3/21/2003 $1,542.59 Telect Misc. furniture . . 3/21/2003 $302.50 David Quinn Design services for City logo ........ — .. .........................,.........•—•-•.----------•-•.----.•-•.------)•:•:•:.:•:•!-:•:•:.•:•:•:.:•:•:•:•:.:•:•: 3/21/2003 $500.00 Sandi Schussmcm Logo contest prize 3/21/2003 $279.30 ZePublic ........ Monthly dial access 3/21/2003 $70.00 Planning Assocalion of Washington Professional Institutional meinberthi • 3/21/2003 ' $595.0O. Llie Moving and Storage Labor for pickup & delivery of Telect matl 3/21/2003 ..... ?•3'... ................... S prin t .... ... ..... ... ..... .,..................................„........„.....,•,....,...,--,.....,....,,,,,„„„.„.„.„.;.„.„.„„,„;:;,„;:;,::::,. Long-distance telephone service 3/21/2003 $75.00 Berreth, Lochmiller & Associates ............. Legal consulting services (credit card service) ...... . 3/21/2003 $90.00 Brian Moat . 1...ibor ' for setup of City Council meetings 3/21/2003 $10.71 Petro&r4 Systems Vehicle fuel FOR THE ITEMS INDICATED BELOW: APPROVED - FINANCE COMMITTEE RICHARD MUNSON CITY OF SPOKANE VALLEY, WASHINGTON 99206 DIANA WILHITE CLAIM VOUCHER LISTING Council Meeting 3/25/2003 Total this page: $106,643.01.. A.C.• 1 1Eq.K.. 4: It2,4971 je.0.11.0.q11 --1-: ....LI ... ...tn„,:..,e . .'.1pAAT.1 3/21/2003 . $16,293.33 Appleway Autoinotie Group 206k3 Chevrolet truck ' . " M".4 un nn , „ _.riiiii $1 Witherspoon, Kelley, uavenport, Ze: Toole . Legal services thru 2/26/03 . 3/21/200a $L514.29 Motel . 6 Lodging accontodations for City Nlariager can 1:iiiiIiiiiiiiii:Ii:iriii:i ::::::::::: ::::::::::::: :::::::::::: .:.-..x.-..: .:f. ....:......2... ;.....F.. .Y. -...,-..yx. :::..y.-:: ,:-.......:, Y.;.. Hi..Y.. :::-F....-,.: .., .........!!!!. .......y. .:',.. 'iiii.'-' 7.:..7.-... yi..y.:... .7..... :.§..,-.. ::::::i Fli.f.f.:: ..: : F ........... ::,............:.: ........... ........i..7: '/.6v2. Y..74 -..-,...-. .v. f.f.ff. Fiii.:i .. ixt 'Zi:::: - . - - - iii, siiiii ............... ....Y...= '...:...y.7... 6 2, : ...yz . . , ..A ".....Y.if . ifff ffZ::: ...ff...Y.: .......,_. ...........:.: :i. ...!!!!!!. LL ....,...... m: F. :-.7.- ........ _ i!iii iiiiiiiiiiiiiiiiiiiiiiiiiiii ' :iiiiiiiiiii:iiill•IiiiiiiiiiiriiTili:M!;:irdrigiiiiiiiiiiiii i irdili iiilinkii:i5:;:i iir ililillEinillililillli IlliliiiIiiiiililiillilililriardraill011 i'd ni:ilii,ilileililt i 31 iiiii I'd!!! iii iiiiiiiffii I; iiiiiiiiiiiiiiiiiiiliglilliginciiraffilinli lilliffiii Ma PdFijriiiri!!!!!IIIIIIIBIBlig ER Ill IP r: :ill! VIIIIffil ili,511iilliiiII:Paililili 1::::::::riiiiiii:::iiiiiiiiii .iN iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii iffii;iiiiriigriVi'iijiiiMii;;;;;Manirliiiiiiiiiiiiiriii :iiiiiiiiiii g Ififiiii MriffifiligrirnifilirlInillillihillirEHfidilill VahnNaliglffigaggigir .se FOR THE ITEMS IN IC BELOW: APPROVED - FINANCE COMMITTEE RICHARD MUNSON CeletaWN A: Claim Voucher Laing 3-15413 DIANA WILHITlit CLAIM VOUCHER LISTING CITY OF SPOKANE VALLEY, WASHINGTON 99206 • Co uncil 3/25/2003 STEVE TAYLOR Twit this page: • $29,194.02 GRAND TOTAL: $ Pogo 2 NAME PRFSFNT /A13SRNT COMMENTS Mayor Michael DeVieming- Position No. 3 f Deputy Mayor Diana Wilhite-Position No. 1 Councilnicnibcr Dick Denenny- Position No. 7 Councilmember Mike Flanigan - Position No. 6 Councilmember Rich Munson - Position No. 5 i Councilmember Gary Schimmcls- Position No. 4 Councilmember Steve Taylor- Position No. 2 i CITY OF SPOKANE VALL•E1' /� ��'�� COUNCIL MEETING DATE S �6q COUNCIL ROLL CALL NAME PLEASE PRINT ADDRESS TELEPHONE - ' efiafrOAktir c-pn Lr L 6G7~'T 7/T1`r 41441M■ /vv -' '7v bti -''96 7/060 • _6 3 92.c ( (Ps-- 6A-c/o ,.UAYiO Elie A) 6gi o Ji �t Av6 53:5. &J PUBLIC COMMENT S:IGN -IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING BATE___________ CITIZEN COMMENTS ON ITEMS NOT INCLUDED ON TIIIS AGENDA. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. YOUR 'TIME WILL BE LIMITED TO THREE MINUTES NAME PLEASE PRINT ADDRESS TELEPHONE . 3'V C0 „ Iodic' £‘48 ;`pro % 0 Amac 9- R.g -/703 533 -6(-0.3 .D//W �CGAi PUBLIC HEARING SIGN -IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE ,,,, a n s- AL Dy SUBJECT /21) r� 1n r i u,n. - ! L 1t ,\•.erirt ALL PERSONS WISHING TO SPEAK AT THE PUBLIC HEARING MUST SIGN IN WITH YOUR NAME AND A.DDR.ESS FOR THE RECORD. THERE MAY BE A TIME LIMIT FOR YOUR COMMENTS. A COPY OF ANY WRITTEN COMMENTS RELATING TO THE PUBLIC HEARING SUBJECT MUST BE PROVIDED TO THE CITY CLERK I am a firm believer in our free enterprise economy. That is, a service will be successfu.I to the degree that it satisfies a need in our society. There are services offered the community that build up a community -- that will make it a better community as a whole. These services build up the human soul, body, mind, or spirit. Services such as religious services, food services, medical services, educational services, and sports services are some examples. However, there are certain services that a firm may offer a community that will seriously deteriorate the community as a whole -- services such as drug selling, prostitution, and sale of stolen goods. Even though there may be a market for such services by a segment of our community, it is necessary that the supply of such services be denied by the community as a whole so the community will not be harmed. What, then, makes a community a "good" community? I was born and raised in Spokane, but .i have lived in Las Vegas, where the choice of services offered differs markedly from those services offered here. I have learned that the goodness of a community is determined by those choices the community makes. It is determined by the degree to which such a community builds up its members and rejects those services that tear down or degrade it members. I realize that what is "good" and what is "legal" are, sometimes, unfortunately, two different questions. A council must always choose what is legal. However, there. are times when what is legal is also in conformance with what is good. Although I am not a lawyer, i. assume that tonight is one of those times. Because it is, I assume, legal for you to do so and because I know it is good for our community for you to do so, I recommend that the council delay as long as possible the acceptance of so- called adult entertainment permits. I recommend that you make a clear statement that we want a good community -- one that builds up the human soul, body, mind and spirit of all our residents. Bill Gothmann 3 -25 -03 March 25, 2003 To: House Trade and Economic Development Committee On March 28, 2003, your Committee will be hearing public testimony on ESSB 6026. On March 13, 2003, the Spokane Valley City Council, voted unanimously to request that Senate Bill 6026, and its companion bill, House .Bill 1581, be amended to remove the legislative authority of Counties to form a Parking and Business Improvement District. Our concern is that this legislation, as written, could lead to the creation of a County wide District with the abilityto "assess" lodging establishments within our City up to $2.00 per room night. This be done without a consensus vote of the businesses and citizens of our community. In addition, the legislation also allows the District to levy special assessments on all businesses and multifamily residential or mixed -use projects within the District that would "benefit" from the Parking and Business Improvement' District. The purpose of this legislation is to promote convention and tourism industries, provide maintenance and security for common areas, and to acquire, construct or maintain parking facilities withi.n,the District. Removal of the County legislative authority from the legislation will only mean that such a District cannot be created The city gover..aments will still be able to create the Districts - ideally, at the request of their businesses and constituents. While we can support the concept of the Legislation, we still have serious concerns with the way ESSB 6026 is written. Representative Jeff. Gombosky, a co- sponsor of the House 1581 companion bill, submitted an amendment that would have limited the . County Legislative authority to the unincorporated areas of the County,.unless there is an interlocal agreement. We can support the bill with this amendment. We totally oppose the bill if it will grant the County Legislative authority the ability to impose a "fee" on businesses within our City without any consensus from our City Council and the businesses that would be involved. We strongly urge your Committee to support this amendment or one that would achieve the same result. Representative Lynn Schindler has submitted an amendment that would remove those properties with fewer than 40 rooms from the assessments. We also urge you to support this amendment. In addition, the Spokane Valley Chamber of Commerce Executive Committee voted to endorse this Legislation, with the aforementioned amendments. • Thant you for your consideration. City of Spokane Valley Interim Comprehensive Plan and Zoning Adoption 54-1-/e Nonconforming Use Provisions ❑ Treats Legal Nonconforming Uses as Permitted In Specific Ways ❑ Allows Expansion - Requires Conformance w /Development Standards ❑ Aliows Reconstruction in the Event Structure is Completely Destroyed ❑ Requires Permitted Use if Abandoned For More Than 1 Year Administrative Variance ❑ Provides CD Director Authority to Grant Up To 25% Variance for Setbacks, Lot Coverage, Lot Size, and Building Height D Provides 5 Criteria to Evaluate Requests For Variances ❑ Allows for Administrative Flexibility ❑ Variances That Are Greater Than 25% Go To Hearing Examiner Industrial Zone (I -2) Uses ❑ New Uses Including Churches, Colleges, Entertainment Facilities Added ❑ Limited Retail Sales Added to Several Allowed Uses Proposed Comp Plan Map Changes ❑ Evergreen Road Eastside at I -90 Interchange ❑ Mirabeau Point ❑ Desmet Road -East of Pines Road Evergreen Road Malin Low Density Residential n. Comprehensive Plan Land Use Designations 11fis Stns _ Low Density Residentia s`t., 1L00 eL1 1lfi i l �r Low Density Residential 1111 11111111111111111111 MIS al; ENE ■1U NUM■ 1■ in E ut<m� i'g!t!t ■I1I 01 11111111111111 Low Density Residential Location: East side of Evergreen road immediately south of 1 -90 interchange. Background: Spokane County recently improved Evergreen Road in conjunction with the new interchange on 1 -90. Site is contiguous to Regional Commercial designation to the north. Recommendation: Change the designation of subject property to Mixed Use to allow for a commercial zoning district Location: North of Indiana on Mirabeau Parkway. Background: Master planned area calls for a mix of uses including a civic /senior center. Recommendation: Designate the area as Light Industrial to allow for an 1 -2 implementing zoning. Low Density Residential J „n. :itt s 1' a3 ven IU 3S 9 SS 1 916 vivo Low Density Residential %f .7, 7 „, High Density Residenf — ,'7 • j / ' if , f / / / / / /� / i/ Location: South side of Desmet Road, east of Pines Road. Background: Prior to current Comprehensive Plan property zoned for light commercial and industrial uses. Property redesignated as Low Density Residential. Recommendation: Staff recommends that the subject property be designated as Mixed Use to allow the property to be rezoned to previous zoning of B -1 and 1 -1. Proposed Zoning Map Changes ❑ University to McDonald - Split Zoning B -3/I -2 ❑ Sprague Interchange ❑ Evergreen Road Eastside at I -90 Interchange ❑ Desmet Road - I -1 and B -1 11111 101 ism ommilm •••••1111...11111•1111•11•1111 OM.* gala 111 ; ` *iifiis gin. j os a ?TR riling: 110111111 psesi ineara w.. :C 111ISISSIN 111rp111111 M g.3 111„ 1``�� B lln n i 11rsLiIl ii_.:►.� illatift iit, IM 13_3 � '�� . � , Miali f��s i meouiiu a. ..r di gi Nair I _tti �w X111= � "N� �� .o.. �� -� � Site ,,, Ii � Jik MN :� ! : 1: r� 1�1w .. ;: raIi X 111 il li.. E° is is �i t m�a; ■z 42 r�s 11111 .• l� #1 11111 11111 1 1 1 1 11111 li 0 :101 Moll is i111 iuii .i S; X111 *11 UIUUN 11i g1I110I 141Mi111 ■1111 wsa11a Recommendation: Rezone south half of strip from 1 -2 to B -3, consistent with the Comprehensive Plan designation of Regional Commercial. S tel Wel 0 mom mug I Niue Imo 11kf um el 1 ■�a Current Zoning 7 1 111111 gal Mass S1i1M a' i MM .ii;::ll 1 Wang aft i7. ra NIA lia II IS los NM al NM or me 111 11 *� 0 X11' U10 ��1 VMS ll ' I1 mi n E rrrrn U -2/B -3 Split Zoning Location: South of Sprague, between University and McDonald Sprague raDEB X * 1Jt1I11I Ina o v_ a. 1 Sprague interchange Location: South of Sprague, between Carnahan and Fancher 190 W28 Recommendation: Rezone entire site to B -3, consistent with the Regional Commercial Comprehensive Plan Designation. 11 •UR 15 UR -22 UR -12 ■ Evergreen Road .. UR -3.5 ~� UR -22 UR -22 U R-3.5 UR -22 Current Zoning 1 I0/8!l 11 "111/rmi' Oi. = ■ OWE= IL I[! Site Vi! 111 1111111111 0 UR -3 r nl i!!!! 1 NI IR MN Ilia � 1!!!! bra 11111Uiii 11111111116 Location: East side of Evergreen road immediately south of 1 -90 interchange. Recommendation: Zone subject properties B -1 commercial. .1 -199 55 8 -1 49 $ rash Desmet Road 5 # A Current Zoning AT/ i Location: South side of Desmet Road, east of Pines Road. Background: Prior to Phase 1 Zoning implementation property was zoned B -1 and I- 1 . Phase I Zoning down Zoned parcels to U R - Recommendation: Staff recommends that previous zoning be reestablished on subject parcels. Requested C.01-E/3 Com n Amendments O County Processing Annual Comp Plan Requests ❑ 99.9% Complete - Not Yet Adopted ❑ 10 Citizen Requests ❑ 2 County Staff Fixes ❑ Zoning Map Changes Proposed to Implement Comp Plan Changes Requested Comp Plan Changes ❑ Location ❑ 12411 E. 8th Ave. ❑ 19223 E. Appleway ❑ Bolivar & Sprague ❑ 12904 E. Main ❑ Appleway & Park ❑ 8804 E. 2 nd Ave. ❑ 8th & Carnahan ❑ 6910 E. 1St ❑ Appleway & Sergeant ❑ 8th & Havana ❑ 13705 E. 4th ❑ Shelley Lake ❑ Comp Plan /Zoning ❑ HDR - UR -22 ❑ R.C. - B -3 ❑ R.C. - B -3 ❑ MDR - UR -12 ❑ N.C. /R.C. - B -1 & B -3 ❑ R.C. - B -3 ❑ MDR - UR -7 ❑ R.C. - B -3 ❑ R.C. - B -3 ❑ LDR - UR -7 ❑ HDR - UR -22 ❑ LDR - UR -3.5 12411 E. 8t1Avenue Location: North side of 8th, east of Pines Road. Recommendation: Designate subject property High Density Residential. Zone property UR -22 consistent with Camp Plan designation. 19223 E. Appleway Location: North side of Appleway at 19223 E. Appleway. Recommendation: Amend Comprehensive Plan to Regional Commercial and Zoning Map to B -3 to implement Comp Plan amendment. 3171 414 111770in 433 33171/401 11, OM ' 171D711 pgapswimillo 4043 31710f11j ;11743 1 f 3 ' 7� 0 331711422 331731471 ,.• 331/30411 371710120 , 1i31 r 1 N r 4 1) �� .111 ■1711 311' 33173D1j� 3173051 11732101 try ri � ! � ' w j l 7 1 • I. �► 7323 � 173D1. 33 318 }t 3313 . 7071: 3 ....0“...1 34' • 1 1 jig 173237 1 ; I 721r 1 �t ' Zf T 173I3 A 3711)0311 1. .... 23 1 c l ,}1)7311 a 73 1'303 7 2 '. .. 3 d i { J 1 , 11732J' l ;3^ 1 19223 E. Appleway Location: North side of Appleway at 19223 E. Appleway. Recommendation: Amend Comprehensive Plan to Regional Commercial and Zoning Map to B -3 to implement Comp Plan amendment. Bolivar and Sprague Avenue Location: 10 N. Bolivar (on the corner of Sprague Avenue) Recommendation: Amend Comp Plan Map to Regional Business. Change Zoning Map to B -3 to implement the Comprehensive Plan Map amendment. 12904 East Main Location: South side of Main, west of McDonald Road. Recommendation: Amer d Comprehensive Plan Map to Medium Density Residential. Change Zoning Map designation to UR -12 to implement Comp Plan amendment. Appleway and Park Location: East of Park Road on north and south side of Appleway Recommendation: Amend Comprehensive Plan to Regional Commercial north of Appleway and Neighborhood Commercial south of Appleway. Change zoning map to B -3 north of Appleway and B -1 south of Appleway to implement Comp Plan change. 8804 East 2nd Location: South side of Appleway, east of Sargeant Recommendation: Amend Comprehensive Plan to Regional Commercial. Change zoning to B -3 to implement Comp Plan change 8th and Carnahan Location: Central Premix site at 8th and Carnahan Recommendation: No change to Comprehensive Plan designation. Zoning to remain UR-7. 6910 East 1 Location: South side of Appleway, east of Bradley Recommendation: Amend Comprehensive Plan to Regional Commercial. Change zoning to B-3 to implement Comp Plan change. 1 V13.02.0 35L31 M? -- 35 Sf 3 SS Y3:9,1 I ,� L 513�1.9gRq 3.31343/07 35J 1.9JI Y 3{,9]69: 3513.49313 I!! (EtI 3234.9a0 3 S 7 3 b : S h T 39 +f. LL01 r 9 I 391 i L94fF"� hill • Nn L. a 371L50.D T MO t ua • Ill , � ii. For • 0 0 - r 3 i r. 91 L U3 Imp 1 11105 L Ill E1 r ` 1 r , t 1 t i ' ` � r $ qq' ' 6910 East 1 Location: South side of Appleway, east of Bradley Recommendation: Amend Comprehensive Plan to Regional Commercial. Change zoning to B-3 to implement Comp Plan change. Appleway and Sargeant 3191 43104•5431 43191.047 411910 c01 13191 0703 i 9191 D71 '3 910104 43191 0103 43011418 .1111111.11 ..43193 D81: + 911303 114.1. )181 1 81 9119 "CM 43191110/ 411 4318491 431919107 • 431915031 431911 Location: Southeast corner of Appleway and Sargeant Recommendation: Amend Comprehensive Plan to Regional Commercial and zone B -3 to implement the Comp Plan change. 8th and Havana Location: Spokane Rock Products, Inc., site at 8t" and Havana. Recommendation: No change to Comprehensive Plan Map designation. Zoning to remain UR -7. 13705 East 4'n Location: Between Blake and Evergreen Road on the north side of 4th Street. Recommendation: Amend Comprehensive Plan to High Density Residential. No change to current UR -22 zoning. CUM 191/ 3 NAM 3 4131'2001 411)/200) T a. 1171232.9131 *M1 .9013 n , + � )iso IJT7191N3 /37)2 two /1f21 91AD iJ:SIf00.� 9 �■ 11'21/9733 )731911 1 }22191 /3 � ! 1 212191 1 , 131219191 Q or +��7 i- t 1 • T lfl 1�1379� a 1 d r 32219714 1 - 1 t3 c ® II 0 .21, ) 771110 )2211c 02219101 :sdl sza At p2 't Al IN, 1119221 U 1.•.•MIS 22191 X 71$12 � • 1131021.1 gni ins 2D) J f 41 )ID , 122! 911 i 4 3 ,3221 t�IDI� 111.,11 ,......• 13705 East 4'n Location: Between Blake and Evergreen Road on the north side of 4th Street. Recommendation: Amend Comprehensive Plan to High Density Residential. No change to current UR -22 zoning. Shelley Lake Location: Shelley Lake Subdivision Recommendation: Amend Comprehensive Plan to Low Density Residential. No change to current UR -3.5 zoning. Chapter 14.629 INDUSTRIAL ZONES MATRIX 14.629.020 Use I -1 I-2 I -3 Acetylene gas manufacturing N N P Acid manufacturing N N P Adult Entertainment Establishment N N N Adult Retail Use Establishment N N N Aircraft manfacturing N N P Alcohol manufacturing including gasohol N N P Ambulance Service P P P Ammonia / chlorine manufacturing N N P Animal clinic /veterinary, large animals N N N Animal Clinic /veterinary, small animals P N N Animal Processing Facility N N P Animal Shelter N P P Animal Wildlife Rehabiliation or Scientific Research Facility P(1) P(1) P(1) Asbestos manufacturing N N P Asphalt plant / manufacturing N N P Assembly - heavy N N P Assembly - light P P P Auction yard (excluding livestock) N P P Automobile / taxi rental P P P Auto Wrecking / recycling, junk and salvage yards N C.U. P(1) Automobile and recreational vehicle repair and maintenance N P P Automobile assembly plant N N P Automobile impound yard N P P Automobile painting establishment N P P Automobile repair, body and fender works N P P Bank, savingsfloan and other financial institutions P P Barber / Beauty Shop P P N Battery rebuilding / manufacturing N P P Billboard N N N Biotechnology laboratory / manufacturing P P P Blast furnace / coke oven N N P Bleach, bleaching powder and dye manufacturing N N P Boat building, repair, and maintenance N P P Bottling plant P P P Bread and Bakery Products manufacturing, including retail bakery P P P Brewery, winery and / or distillery inc udi tasting rooms and retail saleg P P P Brick, tile, and terra cotta manufacturing N N P Broom manufacturing N P P Building supply and hardware distribution and sales N P P Candy and confection making including sales. P P P Carbon manufacturing N N P Caretaker's residence N P- Acc(1) P- Acc(1) Carpenter shop, (excluding planing mills, sawmills, etc.) P P P Carpet and rug cleaning plants N P P Carpet, canvas, and cordage manufacturing including curtains and draperies. N P P Catalog and mail order houses including showroom N P P Cellulose material manufacturing N N P Cement, gypsum, lime, plaster of paris and terra cotta manufacturing N N P Ceramic manufacturing N P P Chain and cable manufacturing N P P Charcoal manufacturing and pulverizing N N P Chemical Manufacturing N N P Child day -care center P P P � Chun Cam:. � s« Circus P P P Clothes cleaning and dyeing N P P Cold storage N P P CO ages, lac ding Community Colleges P Commercial composting storage / processing N N C.U. Commercial laundry, linen supply, and dry cleaning N P P Commercial printing, reprographics, bookbinding, and graphics services P P P Communication service systems and sales including facilities NEC P P P Communications Equipment Manufacturing (N.E.C.) N P P Community transit center P P P Computer manufacturing assembly and wholesaling N P P Computer programs or systems development P P P Computer software systems analysis, design and assembly N P P Concrete product manufacturing / ready -mix concrete (excluding extraction / mining) N P P Construction materials manufacturing (N.E.C.) N P P contractor's office and yard N P P Cosmetic manufacturing and distribution including perfumes and toiletries N P P Creamery and dairy product manufacturing N P P Creosote manufacturing / treatment N N P Dic casting N N P Disinfectant and insecticide manufacturing N N P Distribution center for home delivery P P P Drop hammer or forge N N P Drug Store P N Dry kiln N N P Electrical componenct manufacturing / assembly P P P Electrical machinery, equipment and supplies manufacturing (N.E.C.) N P P Electronics systems development , operation, including testing and / or light assembly of electronics, communication and r or computer components, subsystems and systems P Electroplating of metal N Emergency Clinic P Emery cloth and sandpaper manufacturing N Enameling manufacturing N Entertainment / recreation facilities (bingo hall, dance Jtall, skating rink, etc.) Equipment sales, repair, and maintenance N Exercise facility r gym athletic club P Explosive manufacturing N Explosive storage N Fabric and textile mills including knitting N Family day -care provider P Feed / cereal mill N Fccd and fuel yard N Feed lot N Fertilizer manufacturing and manure processing N Fire station P Firewood sales / lot /processing N Florist shop P Flour mill N P P N P P P P P N P P P P P N P P P P P P P P P P P N P N P P P P P P N P P Food product manufacturing / storage and sales (NEC) .„,:„... ,, ,:.,. P P Freight forwarding including terminal L N P 1' Furniture manufacturing and sales in 0 ' N P P Galvanizing / dip plating Al N N P Gariinent manufacturing and ales including feu lei goods-sad apparel T. P P Gas illuminating or heating manufacturing : storage N N P Gelatin manufacturing N N P Glass and glass product manufacturing N P P Glue manufacturing N N P Golf driving range / training center P P P Governmental offices and other administrative / maintenance facilities P P P Graphite manufacturing N N P Hazardous waste treatment and storage facilities, on- site P- Acc(1) P- Acc(1) P- Acc(1) Hazardous waste treatment and storage faciltics, off - site N N P(1) Hotels and motels P P N Household appliances manufacturing (N.E.C.) N P P Ice plant N P P Incinerator N P(1) P(1) Inflammable liquid ! gas storage N N P Ink manufacturing N N P Jewelry, clock and musical instrument assembly, sales and service P P P Jobber distribution plant P P P Kennel N P(1) P(1) Laboratories including research testing, medical and dental laboratories P P P Landfill N N C.U. Lighting Equipment manufacturing (N.E.C.) N P P Linoleum & oil cloth manufacturing + reduction N N P Livestock auction yard N N P Log pole storage N N P Lubrication grease manufacturing or oil compounding N N P Lumbermill, sawmill, shingle mill, plywood mill N N P Lumberyard N P P Machine / machinery manufacturing N P P Machine shop, large N N P Machine shop, small N P P Manufactured and mobile home fabrication sales lot N P P Match manufacturing N N P Meat and fish canning, curing and smoking (excluding slaughtering) N P P Meat packaging (excluding slaughtering) N P P Medical and laboratory instrument and apparatus manufacturing N P P Medical services including minor emergency clinic P P P Medical, dental, and hospital equipment supply and sales P P P Metal fabrication N P P Metal manufacturing, reduction, reclamation and refining N N P Metal reduction furnace N N P Mining N N P Motor vehicle parts sales and service including tires N P P Motorcycle / ATV manufacturing, repair and maintenance N P P Nitrating process N N P Nursery / greenhouse / wholesale / retail P P P Office, business P P P Office, professional P P P Office supply and computer sales P P P Oxygen manufacturing N N P Paint, lacquer, thinner, turpentine, and varnish manufacturing N N P Paper / pulp mills N N P Paper product manufacturing (N.E.C.) N P P Park- and -ride facility P P P Park, public P P P Petroleum manufacturing or refining N N P Pharmaceutical manufacturing P P P Pipe manufacturing from clay or metals N N P Planing mill N N P Plaster / wallboard manufacturing N N P 4. Plastic injection molding, including tool and dye making N P P Plastic manufacturing N N P Plywood and veneer lamination (including structural wood products) N P P Post office P P P Potash works or manufacturing N N P Power plant (excluding public utility facilties) N N P Prefabrication construction including sales P P P Print, blueprinting, photostating, xerographic shop P P P Private repeater facility P P P Professional schools including vocational and trade schools P P P Pubic pay parking garage / lot P P N Public utility gas works N N P Public utility local distribution facility P P P Public utility transmission facility P(1) P(1) P(1) Punch press N N P Pyroxylin manufacturing N N P Railroad yard, repair shop and roundhouse N N P Recreational area, commercial N C.U. C.U. Recycle collections center P P P Recycling plant N P P Rendering plant N N P Repair shop for industrial power equipment N P P Research facility P P P Restaurant P P P Restaurant, drive -in P P P Retail sales, directly related to and accessory to allowed under the I- 1,1 -2, and 1 -3 zones P- Acc(1) P- Acc(1) P- Acc(1) Rock crusher N N P Rolling mill N N P Roofing materials manufacturing N N P Rope manufacturing N P P Rubber reclamation, manufacturing fabrication N N P Sandblasting 1 cutting N P- Acc(1) P Sauerkraut, pickle and similar manufacturing N P P Self - service storage fa N NI P Service Station, automobile P P P Sewage sludge land application N N N Sign manufacturing / repair P P P Silane, polysilicon manufacturing N P P Single- family dwelling, expansion or accessory structure P P P Smelter and ore reduction N N P Soap and cleaning compound manufacturing N N Solid waste hauler N C.U. P(1) Solid waste recycling / transfer site N P(1) P(1) Solid waste recycling / transfer site, private N P(1) P(1) Secure Community Transition Facility (3 or fewer residents) C.U. C.U. C.U. Specialized training / learning schools or studios (dance, gymnastics, martial arts, etc) P P P Specialty agricultural production (including retail nursery, greenhouse, and food crops grown under cover) P P P Starch product manufacturing N N P Stockyard N N P Stoneware, earthenware manufacturing N P P Storage, general - indoors P P P Storage, general - outdoors P(1) P(1) P Sugar refinery N N P Tallow manufacturing N N P Tank storage of critical material (above and below ground) P- Acc(1) P- Acc(1) P(1) Tanning, curing of hides and skins N N P Tire Salvage Yard N C.U. C.U. Tire, recap and retread manufacturing N N P Tobacco products manufacturing N N P Tower P(1) P(1) P(1) Trade / Technical school P N N Transportation services and sales including equipment storage N P P Truck equipment sales, repair and maintenance N P P Truck, automobile, and equipment rental facility N P P Truck Stop P P P Upholstery, covering P P P Utility services and systems (NEC) P P P Vegetable oil manufacturing (no fat rendering) N P P Veterinary supplies and services, including vet clinic P P P Video Board 15 '10 - N N N Warehousing ,�, P P P Welding, sheet metal shops N P P Wholesaling P P P Wireless Communication Antenna Array P- Acc(1) P- Acc(1) P- Acc(1) Wireless Communication Support Tower P(1) P(1) P(I ) Woodworking, cabinet shop P P P Yeast manufacturing / plant N N P CLC ASSOCIATES ID E N V E' R S P O K A N E SALT LAKE CITY J ,� 3 J J J LAND USE PLAN AMENDMENT NEC Broadway & Evergreen ;,J J J J 1 1 3- 1 -03 City of Spokane Valley 1.1707 East Sprague Avenue Spokane Valley WA- 99206 Proposed Use: Latte Stand CLC ASSDCFATES Attn: The Honorable ichael DeVleming Reference: Comprehensive Plan Amendment and Zone Change fEC Broadway Avenue ai Evergreen Rd. Dear. Mayor DeV]erning: Pursuant to the Council's recent invitation to offer other site- specific amendments to the new comprehensive ]and use plan and zoning map, i offer the following for the Council's consideration: SubjectPropert: The subject property is located at the NE Corner of Evergreen and Broadway. (See attached photos showing the subject and other land uses). Proposed Amendments: The subject site is designated within the current plan as Low Density Residential and the proposed revision would allow Mixed Use with a gone change to B-2 Community Business. portin c yacts: 1) the subject is fully served with urban services of water, sewer, gas and power. 2) The Mixed -Use category exists all along the west side o f Evergreen R.d, 3) The subject is located within the quadrants of two major arterials and a controlled intersection making all four quadrants equally serviceable, 4) These arterials serve as neighborhood boundaries m.aicing this intersection the nodal point of two or more neighborhoods, thus becoming cominunity serving by location. 5) The fixed -Use category is implemented by a variety of zones including the B -2 Community Business Zone; and 6) The 8- zone is the first zone that permits Latte Stands. 707 WEST 7TH AVENUE • SUITE 200 + SPOKANE • WA 9x204 • P 504 458 15640 • r S09 45S 5944 OENVEF2 • SPOKANE • SALT LAKE el7"v :I Page 2, Broadway - Evergreen Amendment Request Conclusion: . The intersection of two major arterial roads is a finite urban commodity. We can no longer afford to waste these limited but valuable locations to a land -use category and zone, that is otherwise so critical to its function for the motoring public. The Mixed -Use Category would be consistent with the designation along the west side of Evergreen and would not prejudice the outcome.of future planning along this arterial. Accordingly, the property is suitable for the designation of Mixed -Use and should be allowed to have 13-2 zoning as an implementation of this category, consistent with the plans and policies currently under consideration for adoption by the City Council of the Spokane Valley. lly Submitted, wight J. Hume Senior Planner, CLC Associates Copy: City Council Mr. Stanley Schwartz, Acting City Attorney Mr. Jirn Harris, Community Planning Director Mr. Greg McCormick Long Range Manager Mr Kim Lyonnaise, Current Planning Manager Mr. Davinder J. Nagra, Client/Owner 7 7 7 1 7 7 1 7 7 7 7 7 7 7 7 7 Picture #1 View of the subject property looking east across Evergreen Road. View of the subject property looking northeast across Evergreen Road. 1 1 1 1 1 7 1 1 1 1 7 Picture #3 View of the Texaco Station looking northwest across the intersection of Broadway Avenue and Evergreen Road. The subject property is located directly east of the Texaco station across Evergreen Road. 1 1 1 1 1 r Picture #4 View of the subject property looking north across Broadway Avenue.