2010, 07-06 Study SessionAGENDA
SPOKANE VALLEY CITY COUNCIL
STUDY SESSION FORMAT
Tuesday, July 6, 2010
CITY HALL COUNCIL CHAMBERS
11707 East Sprague Avenue, First Floor
(Please Silence Your Cell Phones During the Meeting)
DISCUSSION LEADER SUBJECT /ACTIVITY GOAL
Citizen Recognition: Floodplain Contributions
ACTION ITEMS:
1. Steve Worley Bid Award: 44th Avenue Pathway Project Motion Consideration
[public comment]
6:00 p.m.
NON - ACTION ITEMS:
2. Dr. Joel McCullough Spokane Regional Health District Discussion/Information
Chief Medical Officer
3. Mike Connelly
Comcast Extension Ordinance
Discussion/Information
4. Mike Jackson /
Ken Thompson
5. Mike Connelly
Budget Process Update
Transportation Benefit District
Discussion/Information
Discussion/Information
6 Information Only (will not be discussed or reported):
(a) Truck Parking, Residential Areas
(b) CTA -04 -10 Code Text Amendment, Permitting Expansion of Nonconforming Uses
(c) Committee Vacancy: Spokane County Housing & Community Development Advisory Committee
7. Mayor Towey Advance Agenda Discussion/Information
8. Mayor Towey Council Check in
Discussion/Information
9. Mike Jackson City Manager Comments Discussion/Information
10. EXECUTIVE SESSION: To Evaluate the Qualifications of Applicants for Public Employment
[RCW 42.30.110(1)(g)]
ADJOURN
Note: Unless otherwise noted above, there will be no public comments at Council Study Sessions. However, Council always
reserves the right to request information from the public and staff as appropriate. During meetings held by the City of Spokane
Valley Council, the Council reserves the right to take "action" on any item listed or subsequently added to the agenda. The term
"action" means to deliberate, discuss, review, consider, evaluate, or make a collective positive or negative decision.
NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other
impairments, please contact the City Clerk at (509) 921 -1000 as soon as possible so that arrangements may be made.
Study Session Agenda, June 15, 2010 Page 1 of 1
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 6, 2010 City Manager Sign -off:
Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Bid Award — 44 Avenue Pathway Project ( #0054)
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: Adopted the 2009 -2014 Six Year TIP on June 16,
2008 which included the 44 Avenue Pathway Project; Adopted the Amended 2010 TIP March
30, 2010, which included this project.
BACKGROUND:
The City received two federal STP(Enhancement) grants for the design and construction of a
pathway on the north side of 44 Avenue. Design work began in 2007 and two neighborhood
meetings were held to review alternatives. The original 10' wide multi -use pathway concept was
revised by city staff after listening to neighborhood input. The current project now consists of a
5' wide pathway with 4' bike lanes on both sides of the existing road.
The project was originally planned to be constructed with Spokane County's West Ponderosa
Phase II Sewer Project in 2009. However, the project was divided into two parts so
construction of the County sewer project would not have to meet federal criteria. The 4 foot
wide wide bike lanes were added between Woodruff Rd and Sands Rd as part of the sewer
project last year.
The remainder of the project is scheduled to be completed this August. This will include of a 5'
wide pedestrian pathway on the north side of 44 Avenue from Woodruff Road to Bates Rd and
on the south side between Bates Road and Sands Road; and 4' wide bike lanes along both
sides of 40 Avenue from Van Marter Road to Sands Road.
Contract documents were prepared by City staff; the project was advertised for bid on June 11;
with bids scheduled to be opened on Friday, July 2.
OPTIONS: 1) Award contract to lowest responsible bidder; 2) Provide additional direction to staff.
RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to finalize and
execute the bid award contract for the 44 Avenue Pathway Project to the lowest responsible
bidder , in the amount of $ (Staff will provide contractor name
and bid amount after the bid opening on July 2.)
BUDGET /FINANCIAL IMPACTS: The City of Spokane Valley received a Federal Enhancement
Program grant for this project. The grant pays 100% of the total project cost up to $334,123.
STAFF CONTACT: Steve M. Worley, P.E. — Senior Capital Projects Engineer
Neil Kersten, AIA — Public Works Director
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 6, 2010 City Manager Sign -off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation
AGENDA ITEM TITLE: Dr. Joel McCullough, Health Officer, Spokane Regional Health District
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND: As a means of introduction, Dr. Joel McCullough, Health Officer for Spokane
County, serves as the chief medical officer and oversees the operations for the Spokane
Regional Health District. (Councilmember Gothmann is the Health District Board's Chairman
and Councilmember Dempsey resides as a Board member.)
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGET /FINANCIAL IMPACTS:
STAFF CONTACT: Mike Jackson
ATTACHMENTS: Article - Health District Hires New Health Officer
Spokane Regional Health District -
SPOKAN 'EGIONAL
HE.. LT
Health District Hires New Health Officer
Dr. Joel McCullough MD, MPH, MS to lead Health District
Page 1 of 1
The Board of Health for the Spokane Regional Health District voted unanimously today to hire Dr. Joel McCullough as the
Health Officer for Spokane County. Dr. McCullough will serve as the chief medical officer for the Health District and will
oversee the operation of the District. The contract takes effect May 1, 2009.
"I'm very excited about moving to Spokane and working with the Health District," said Dr. McCullough. "It will be my honor to
work with the dedicated and accomplished public health professionals in the Spokane Regional Health District."
Dr. McCullough fills the vacant position after a two -year search for a Health Officer. "We are excited to welcome Dr. Joel
McCullough as our community's Health Officer," said Torney Smith, Administrator for the Health District. "It has been a long
process, and I believe it has paid off."
Dr. McCullough has extensive experience as a physician in internal and occupational medicine, epidemiology, environmental
health and program management. He has served on many professional boards and advisory committees. Dr. McCullough
currently holds medical licensure in the states of Oregon and Illinois, and certifications from the American Board of Internal
Medicine, the American Board of Preventive Medicine; Occupational and Environmental Medicine.
Dr. McCullough received his Bachelors of Arts from Stanford University; a Doctor of Medicine (M.D.) from Vanderbilt University
School of Medicine; a Masters of Science (M.S.), Preventive Medicine, from University of Iowa Graduate School of Preventive
Medicine; and a Masters of Public Health (M.P.H.), Environmental Health, University of Washington School of Public Health
and Community Medicine.
mhtml:file://C: \Documents and Settings \cacosta \Local Settings \Temporary Internet Files \Co... 7/1/2010
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 6, 2010 City Manager Sign -off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation
AGENDA ITEM TITLE: Administrative Report — Second ordinance extending time for
acceptance of franchise by Comcast.
GOVERNING LEGISLATION: Ordinance 09 -034; 10 -009.
PREVIOUS COUNCIL ACTION TAKEN: Approval of Comcast franchise December 1, 2009;
discussion regarding PEG fees February 16, 2010; discussion on PEG fees March 9, 2010;
discussion on broadcasting options April 27, 2010; administrative report May 4, 2010; adoption
of Ordinance 10 -009 on May 11, 2010 extending time for acceptance of franchise.
BACKGROUND: The Council adopted Ordinance 09 -034, which approved the franchise
between Spokane Valley and Comcast so that Comcast may place and maintain its cable
facilities in the City's right -of -way so it can operate its' business. One of the requirements of the
franchise is for Comcast to return the signed franchise within 60 days of it being in effect. It was
in effect February 10, 2010, so it would have to have been returned by April 11, 2010.
The City adopted Ordinance 10 -009 on May 11, 2010 to extend the time for acceptance by
Comcast, from April 11, 2010 to June 11, 2010. Comcast recently advised the City on June 10,
2010, that it would be unable to meet that deadline as well due to timing issues within their
corporation, and requested a second extension of 45 days. Staff has no objection to one
additional extension, and is proposing a 60 day extension from June 11 to August 11, 2010.
OPTIONS: (1) request additional changes (2) consensus to put on agenda for first reading.
RECOMMENDED ACTION OR MOTION: Consensus to place on agenda for a first reading
BUDGET /FINANCIAL IMPACTS:
STAFF CONTACT: Cary P. Driskell, Deputy City Attorney; Mike Connelly, City Attorney
ATTACHMENTS: Proposed ordinance extending time for Comcast to return signed franchise
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 10 - * **
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, STATE OF
WASHINGTON, EXTENDING THE TIME PERIOD FOR ACCEPTANCE OF
CABLE FRANCHISE, ORDINANCE 09 -034, BY GRANTEE, AND OTHER
MATTERS RELATED THERETO.
WHEREAS, the City of Spokane Valley passed Ordinance 09 -034 on December 1, 2009 granting
Comcast of Pennsylvania/Washington /West Virginia, LP a non - exclusive franchise to construct, maintain
and operate certain facilities within the public right -of -way and public properties within the City of
Spokane Valley, Washington; and
WHEREAS, Section 43 of Ordinance 09 -034 states that not later than 60 days after passage and
publication of the Ordinance, Grantee must accept the franchise by filing with the City Clerk an
unconditional written acceptance thereof, and
WHEREAS, the City published Ordinance 09 -034 on February 5, 2010, and the effective date
was February 10, 2010, beginning the 60 day acceptance period; and
WHEREAS, due to communication from the City of Spokane Valley regarding Public, Education
and Government (PEG) fees under Section 13.8 of the franchise, Comcast was unclear as to whether the
City intended to receive the PEG fees. As such, Comcast did not return the fully executed franchise
within 60 days as set forth in Section 43; and
WHEREAS, Section 43 of Ordinance 09 -034 provides that the time period for acceptance may
be extended by an ordinance passed for that purpose
WHEREAS, the City extended the time period for acceptance for 60 additional days from April
11, 2010 to June 11, 2010 through passage of Ordinance 10 -009; and
WHEREAS, Comcast has informed the City that it needs additional time for obtaining the
necessary signatures from its corporate office in Pennsylvania, up to 60 additional days from June 11,
2010; and.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, ordains as follows:
Section 1. Purpose. The purpose of this Ordinance is to extend the time period for acceptance by
Grantee of Ordinance 10 -009 an additional 60 days, from June 11, 2010, to August 11, 2010.
Section 2. Extending Time For Acceptance of Ordinance 10 -009 Additional 60 Days The time
period for Grantee to accept Ordinance 09 -034 is extended 60 additional days from June 11, 2010, 2010.
Grantee must accept the franchise by August 11, 2010. Failure of Grantee to accept this franchise within
said period will result in the consequences set forth in Ordinance 09 -034, Section 43.
Section 3 . Severability If any section, sentence, clause or phrase of this Ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
Draft Ordinance 10 - * * *; Comcast Extension
DRAFT
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause
or phrase of this Ordinance.
Section 4 . Effective Date This Ordinance shall become effective five days after
publication of the Ordinance, or a summary thereof, in the official newspaper of the City.
Adopted this day of 5 2010.
City of Spokane Valley
Thomas E. Towey, Mayor
ATTEST:
City Clerk, Christine Bainbridge
Approved as to Form:
Office of the City Attorney
Draft Ordinance 10 - * * *; Comcast Extension
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 6, 2010
City Manager Sign -off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation
AGENDA ITEM TITLE: 2011 Budget Process Update
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND: Update on the 2011 Budget process and distribution of the draft business plan
and budget worksheets.
OPTIONS:
RECOMMENDED ACTION OR MOTION: N/A
BUDGET /FINANCIAL IMPACTS:
STAFF CONTACT: Ken Thompson, Finance Director; Mike Jackson, Acting City Manager
ATTACHMENTS: Draft Business Plan and budget worksheets to be distributed separately.
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 6, 2010 City Manager Sign -off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation
AGENDA ITEM TITLE: Transportation Benefit Districts — informational update
GOVERNING LEGISLATION: RCW 36.73
PREVIOUS COUNCIL ACTION TAKEN: Discussion at winter retreat January 12, 2008;
administrative report January 15, 2008; administrative report February 12, 2008; Council
discussion about infrastructure funding options, instruction to staff to proceed with drafting
legislation allowing for establishment of a transportation benefit district; April 8, 2008 discussion
and update on formation of TBD, discuss draft ordinance; April 15, 2008; administrative update
June 10, 2008; July 1, 2008 to update Council on proposed language change to the Spokane
Regional Transportation Council's (SRTC) 2007 Metropolitan Transportation Plan (MTP)
regarding use of TBD funds for maintenance of existing City road system; July 29, 2008
administrative report and update; December 2, 2008; information only February 17, 2010; April
6, 2010 informational update.
BACKGROUND: Staff has provided a substantial amount of information in the past two years
regarding the ability to use a transportation benefit district for funding street capital projects and
for maintenance of the existing road system as well. The Council asked staff to present
information on utilizing a TBD after the Legislature amended RCW 36.73 to allow imposition of
vehicle tab fees as a funding source. Staff previously provided information and a draft
ordinance for discussion by the Council. The information contained in this memorandum is
based upon a review of RCW 36.73, a joint informational memorandum from AWC and WSAC
(Washington State Association of Counties), and numerous discussions with Ashley Probart of
AWC and Julie Murray of the WSAC. Attached is the most recent proposed TBD Interlocal
Agreement prepared by Commissioner Todd Mielke. The City Attorney's office has included
comments on specific portions of that document.
A. Introduction - A TBD is a quasi - municipal corporation and independent taxing district created
for the sole purpose of acquiring, constructing, improving, providing, and funding transportation
improvements within a defined district, or area. A district can be created by either a county or a
city, or a combination of cities, counties, port districts or transit districts. If more than one
jurisdiction is involved, an interlocal agreement is required. If the TBD is entirely within one
jurisdiction, the legislative body of that jurisdiction comprises the TBD governing board. If more
than one jurisdiction is included in the district, then each of the jurisdictions must have at least
five members on the governing board, with at least one elected person from each jurisdiction on
the governing body.
B. Adoption mechanism - The creation of a TBD is done following a public hearing and through
adoption of an ordinance which includes the following: a description of the boundary of the
district, a statement that it is in the public's interest to form, a description of the improvements, to
be done by the TBD, and a statement of the proposed taxes /fees /charges that the TBD will
impose to raise revenue for the improvements.
C. TBD funding limits —
Subject to voter approval - There are four funding options available that are subject to voter
approval:
1. Imposition of property tax — a 1 -year excess levy or an excess levy for capital
purposes;
2. Up to 0.2% sales and use tax which may not exceed a 10 year period without voter
reauthorization;
3. Up to $100 annual vehicle fee per vehicle registered in the district (but see below).
The fee is collected at the time of vehicle tab renewal and has additional restrictions
relating to use for ferry service. If a county creates a TBD to impose up to a $20 fee, it
must first attempt to impose a countywide fee to be shared with cities by interlocal
agreement. 60% of the cities representing 75% of the incorporated population must
approve the interlocal agreement for it to become effective. If such an interlocal
agreement cannot be reached, then the county is authorized to create a TBD and
impose the fee, but only in the unincorporated portion of the county; and
4. Vehicle tolls on specified roads.
Not subject to voter approval - There are two options that are not subject to voter approval,
but which are subject to additional conditions. Please note that while a vote is not required,
a city may still choose to put it to vote.
1. Annual vehicle fee up to $20 per vehicle registered in the district.
2. Transportation impact fees on commercial and industrial buildings. Residential
buildings are excluded. In addition, a city must provide a credit for a commercial or
industrial transportation impact if the city has already imposed a transportation impact
fee. In other words, no double dipping on impact fees.
D. Proiects that are "qualifying transportation improvements" — For a project to qualify for TBD
funding, it must meet several criteria. A TBD exists solely for the purpose of acquiring,
constructing, improving, providing, and funding "transportation improvements" within the district.
The ordinance adopting the TBD must identify the transportation improvements that would be
subject to TBD. To be a "qualifying transportation improvement" within the contemplation of
RCW 36.73, it must meet the following:
1. The improvement must be located within the boundary of the TBD;
2. The improvement is necessitated by existing or reasonably foreseeable congestion
levels;
3. The improvement is contained in a state or regional transportation plan;
4. When selecting the improvement, the TBD governing board must consider the
following criteria, to the extent practicable:
- reduced risk of transportation facility failure and improved safety;
- improved travel time;
- improved air quality;
- increases in daily and peak period trip capacity;
- improved modal connectivity;
- improved freight mobility;
- cost - effectiveness of the investment;
- optimal performance of the system through time; and
- other criteria as adopted by the governing body.
It is also important to remember that the statutory definition of a "transportation
improvement" under RCW 36.73.015(3) is quite broad, and includes state, regional, and
local transportation facilities. Examples include:
- new or existing highways of statewide significance;
- principal arterials of regional significance;
- high capacity transportation;
- public transportation;
- transportation demand management; or
other transportation projects and programs of regional or statewide significance
as defined or amended into the respective regional or statewide transportation
plan)
While TBDs have traditionally (although rarely) been used for street capital projects, the recent
amendments in 2007 provided jurisdictions the opportunity to use TBD funds for maintenance of
the existing street system. Such use would fall under "other transportation projects and
programs ", and would have to be provided for in either the state transportation plan or the
Spokane Regional Transportation Council's current Metropolitan Transportation Plan.
When the changes to the TBD statutes were originally made in 2007, staff looked at the 2007
MTP to determine whether the language met the requirements for specificity in calling out street
maintenance. There was a difference of opinion as to whether the existing language was
sufficient, so SRTC was approached about amending the MTP. Staff proposed the following
changes in Section 6, page 11:
Local Option Vehicle Registration Fee. This local option considers the imposition of an
up to $100.00 (the maximum allowed under RCW 36.73) annual vehicle registration fee
for vehicles registered in Spokane County. The funds can be used for projects or
programs that support local road construction, rehabilitation, apid maintenance,
preservation, or the operation of local transportation systems. These funds can also be
used for state highways, bridges, regional arterials, high capacity transportation, public
transportation, and transportation demand management purposes. For the purposes of
this analysis, SRTC compiled the actual vehicle registrations in Spokane County from
established forecasts to 2030 using a rolling average historical growth rate. The premise
being that a rolling 20 -year average will have moderate peaks and valleys in growth,
while at the same time be more responsive than a trend line projection of historical
data......
SRTC adopted these amendments to its MTP word - for -word on November 6, 2008. Staff is of
the opinion that with these changes, the City can legally use TBD revenue to fund on -going
maintenance of its existing streets so long as that use is clearly spelled out in the ordinance
adopting the authority by the City. A proposed draft ordinance is attached to this RCA for
review and consideration.
E. Is the formation of a TBD subiect to a referendum vote
Pursuant to RCW 35A.11.090, there are a number of actions which are exempt from
referendum. It may be that formation of a TBD by the City is expressly statutorily exempt under
RCW 35A.11.090, but it is not certain. There are additional means by which a legislative action
is determined exempt. Here, the authority to form a TBD is expressly set forth in RCW
36.73.020, and is granted to "the legislative authority of a county or city ". As such, the power to
establish or de- establish is reserved exclusively to the city council. If the authority was for "the
people of a city ", or "a city ", then it most likely would be subject to referendum. As such, the
formation of a TBD is not subject to referendum.
F. Administration of the TBD —
1. In the event of proposed major changes to the plan adopted by the TBD Board, the
TBD must develop a material change policy to address the delivery of the improvement
or the ability to finance the plan. The policy must include a public hearing to solicit
comments on how the cost changes should be resolved should anticipated costs exceed
its original cost by more than 20 %.
2. A TBD must issue an annual report indicating the status of transportation
improvement costs, expenditures, revenues, and construction schedules to the public
and to newspapers of record located in the TBD.
3. If the TBD proposes functions or transportation improvements that are outside those
specified in the original notice of hearing establishing the TBD, the TBD must go through
the notice, public hearing, and ordinance process again.
OPTIONS: Council Direction
RECOMMENDED ACTION OR MOTION: NA
BUDGET /FINANCIAL IMPACTS: See above
STAFF CONTACT: Mike Connelly, City Attorney
ATTACHMENTS:
Proposed TBD Interlocal Agreement with comments.
Draft Interlocal
By
Todd Mielke
February 26, 2010
INTERLOCAL AGREEMENT FOR ESTABLISHMENT
OF
COUNTYWIDE TRANSPORTATION BENEFIT DISTRICT
AS PROVIDED FOR IN CHAPTER 36.73 RCW
THIS INTERLOCAL AGREEMENT is made by and among Spokane County, a political
subdivision of the Washington State, having offices for the transaction of business at West 1116
Broadway Avenue, Spokane, Washington 99201, hereinafter referred to as "County," the City of
Spokane, a municipal corporation of the State of Washington, having offices for the transaction of
business at 808 West Spokane Falls Boulevard, Spokane, Washington 99201, hereinafter referred to as
the "SPOKANE," the City of Spokane Valley, a municipal corporation of the State of Washington,
having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue,
Suite 106, Spokane Valley, Washington 99206, hereinafter referred to as "SPOKANE VALLEY," City of
Medical Lake, a municipal corporation of the State of Washington, having offices for the transaction of
business at 124 S. Lefevre P.O. Box 130, 99019, hereinafter referred to as "MEDICAL LAKE," the City
of Cheney, a municipal corporation of the State of Washington, having offices for the transaction of
business at General Office, 609 Second, 99004, hereinafter referred to as "CHENEY," the City of
Liberty Lake, a municipal corporation of the State of Washington, having offices for the transaction of
business at City Hall, c/o P.O. Box 370, 99019, hereinafter referred to as "LIBERTY LAKE ", the City of
Airway Heights, a municipal corporation of the State of Washington, having offices for the transaction of
business at City Hall, 1208 South Lundstrom, c/o P.O. Box 969, 99001, hereinafter referred to as
"AIRWAY HEIGHTS," the City of Deer Park, a municipal corporation of the State of Washington,
having offices for the transaction of business at City Hall, 316 Crawford Avenue, c/o Box F, 99006,
hereinafter referred to as "DEER PARK ", the Town of Millwood, a municipal corporation of the State of
Washington, having offices for the transaction of business at 9103 East Fredrick, 99206, hereinafter
referred to "MILLWOOD ", the Town of Rockford, a municipal corporation of the State of Washington,
having offices for the transaction of business as 20 West Emma, c/o P.O. Box 49, Rockford, Washington
99030, hereinafter referred to as "ROCKFORD ", the Town of Spangle, a municipal corporation of the
State of Washington, having offices for the transaction of business at 115 West Second Street, c/o P.O.
Box 147, Spangle, Washington 99031, hereinafter referred to as "SPANGLE ", the Town of Fairfield, a
municipal corporation of the State of Washington, having offices for the transaction of business at 218
East Main Street, c/o P.O. Box 334, Fairfield, Washington 99012, hereinafter referred to as
"FAIRFIELD ", Town of Latah, a municipal corporation of the State of Washington, having offices for
the transaction of business at 108 E. Market, Latah, Washington 99018, hereinafter referred to as
"LATAH", and the Town of Waverly, a municipal corporation of the State of Washington, having
offices for the transaction of business at 255 N. Commercial, Waverly, Washington, 99039, hereinafter
referred to as "WAVERLY", jointly hereinafter referred to along as the "PARTIES."
WITNESSETH:
WHEREAS, Spokane County and jurisdictions located within Spokane County acknowledge that
providing transportation infrastructure is one of the primary functions of local government and that
current revenues for maintaining the existing transportation infrastructure are not keeping pace with the
costs of such maintenance; and
Page 1 of 9 (DRAFTED BY TODD MIELKE, February 26, 2010 VERSION)
WHEREAS, Spokane County and jurisdictions located within Spokane County further
acknowledge the need to construct `projects of regional significance' that impact the transportation
system of the entire region and recognize the lack of resources available to fund such projects; and
WHEREAS. Spokane County and jurisdictions located within Spokane County further
acknowledge the need for funding for local transportation maintenance and construction projects within
each municipal jurisdiction, and that obtaining such funding would benefit the entire region al
transportation system, and
WHEREAS, federal and state funding for local transportation maintenance and construction
projects has been declining and becoming less predictable. Local jurisdictions recognize the need to rely
more heavily on local funding for local projects; and
WHEREAS, pursuant to the provisions of RCW 36.73.020, the legislative authority of a county
or city (means city or town) may establish a transportation benefit district within the county or city area
for the purpose of acquiring, constructing, improving, providing, and funding transportation
improvements within the district that are consistent with any existing state, regional, and local
transportation plans and necessitated by existing or reasonably foreseeable congestion levels. The
transportation improvements shall be owned by the county of jurisdiction if located in an unincorporated
area, by the city of jurisdiction if located in an incorporated area, or by the state in cases where the
transportation improvements are or become a state highway; and
WHEREAS, pursuant to the provisions of RCW 36.73.020, a transportation benefit district may
include area within an entire county or area within a jurisdiction, or area within jurisdictions if the
legislative authority of each participating jurisdiction has agreed to the inclusion of its jurisdiction as
provided in an interlocal agreement adopted pursuant to chapter 39.34 RCW. Provided, further, under
RCW 82.80.140, an interlocal agreement for the establishment of a countywide transportation benefit
district shall become effective when it is approved by the county and �ixty (60) percent of the cities L------ Comment [CD1]: This would require eight of the
representing �eventy -five (75) percent of the population of the cities within the county;[ 13 towns and cities in the Cou nty t o approve it
Comment 1CD2]: Spokane Valley comprises
WHEREAS, pursuant to the provisions of RCW 36.73.020 and RCW 36.73.065, the PARTIES 27.1 % of the incorporated population of the County.
desire to enter into an interlocal agreement to establish a countywide transportation benefit district as
provided for in chapter 36.73 RCW.
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and as
authorized under chapter 36.73 RCW, the PARTIES do mutually agree as follows:
SECTION NO. 1: PURPOSE
The PARTIES desire to pursue a joint transportation funding mechanism whereby any revenues collected
shall be utilized for (1) the operation, preservation and maintenance of existing transportation infrastructure
and (2) the acquisition, construction, and improvement of transportation improvements under the control of
the PARTIES, and (3) the construction of - transportation improvements `of regional significance'.
The purpose of this Agreement is to set forth the terms and conditions under which the PARTIES agree to the
establishment of a countywide transportation benefit district as provided for in chapter 36.73 RCW. The
Agreement sets forth, among other matters, how the district shall be governed and administrative functions
carried out, how any revenues collected shall be distributed, and the process for dete transportation
improvements of regional significance' and prioritizing their funding.
Page 2 of 9 (DRAFTED BY TODD MIELKE, February 26, 2010 VERSION)
SECTION NO. 2: ESTABLISHMENT OF COUNTYWIDE TRANSPORTATION BENEFIT
DISTRICT.
The PARTIES hereby request and agree, consistent with RCW 36.73.050, to the establishment of a
countywide transportation benefit district to be known as the "Spokane Regional Transportation Benefit
District" ( SRTBD) through the adoption of an ordinance by the Board of County Commissioners of Spokane
County.
The boundaries of SRTBD shall be co- extensive with the boundaries of Spokane County and shall include
the area of all incorporated cities and towns within Spokane County as well as all unincorporated area within
Spokane County.
Oe PARTIES agree that the governing body of the SRTBD shall be the same as the governing board of the
designated federal metropolitan planning organization (WO) as provided for by USC Title 23, Section 134
(Governing Board). The Governing Body shall have the same powers as granted to the governing board of a
regional transportation benefit district as set forth in chapter 36.73 RCW or otherwise agreed to by the
PARTIES.
SECTION NO. 3: ADMINISTRATION AND DESIGNATION OF FISCAL AGENT
For purposes of this Agreement, the WO shall have the powers of a transportation benefit district as set forth
in chapter 36.73 RCW.
The PARTIES agree that the fiscal agent of the SRTBD shall be the MVO. As such, the revenues from all
taxes, fees, charges, or tolls enacted by the SRTBD or revenues received by the SRTBD shall be received,
held and distributed by the MPO as provided in this Agreement or otherwise agreed by the PARTIES.
SECTION NO. 4: DEFINITION OF TRANSPORTATION IMPROVEMENTS.
The PARTIES agree and understand the purpose of the transportation benefit district is (1) to assist in
funding the operation, maintenance, and preservation of existing transportation infrastructure and (2) to
provide funding for the acquisition, construction and improvement of - transportation improvements within
the boundaries of the transportation benefit district that are consistent with existing state, regional, and/or
local transportation plans and necessitated by existing or reasonablye foreseeable congestion levels.
The terminology "transportation improvement" is defined in RCW 36.73.015(3) as adopted or amended
... .u.a.,a r.a ... ... w ..�........ .. -.. .s Y ...... ..
a a
D(`lI/ 2L;1 n1n A.' h ' 1 d "O) Offie- erite a d e pt e d t.:. th g a. g t...*
For the purpose of this Agreement, and as a condition of the establishment of the SRTBD, the terminology
"transportation improvement" shall include those transportation projects listed as part of the regional
transportation improvement program (TIP) as required by USC Title 23, Section 134 and administered by
the designated metropolitan planning organization "0). Additionally the terminology "transportation
improvemenf' shall include those improvement `of regional significance' addressed in Section No. 5
hereinafter.
Transportation improvements acquired, constructed, or improved under this Agreement shall be owned by the
County if located in the unincorporated area of Spokane County, or by the city or town within which they are
located or by the state of Washington in cases were the transportation improvements is on or becomes a part
of the state highway system.
Comment [CD3]: This language is from SB
6774, which was signed by the Gov, and expanded
who can be the governing board for a regional TBD.
This represents a policy choice for the Council. The
old language is contained in RCW 36.73.020(3)
which states as follows: "That where a district
includes area within more than one jurisdiction under
subsection (2) of this section, the district shall be
governed under an interlocal agreement adopted
pursuant to chapter 39_34 RCW. However, the
governing body shall be composed of at least five
members including at least one elected official from
the legislative authority of each participating
jurisdiction."
Comment [CD4]: Why carve this out as
separate? Would it make more sense that any
proposed transportation improvement of regional
significance must be placed on the TIP to get
funding?
Page 3 of 9 (DRAFTED BY TODD NIIELKE, February 26, 2010 VERSION)
SECTION NO. 5 : IMPROVEMENTS `OF REGIONAL SIGNIFICANCE'
Transportation improvements of `regional significance' are those transportation - related investments that
benefit two or more jurisdictions within the SRTBD, benefit the economic health of the region, or enhance
the state or federal transportation system within the boundaries of the SRTBD.
Transportation improvements of `regional significance' may include investments for vehicular traffic, freight
mobility, public transportation, passenger rail, or for bicycle - pedestrian accommodations. They may be for
either a single transportation mode or multi - modal.
PARTIES shall submit requests for a determination as to whether or not a transportation investment is `of
regional significance to the SRTBD. The SRTBD Governing Board shall determine whether a transportation
investment is of `regional significance' and prioritize the funding and construction timeline of the investment
based upon the available funding. Transportation improvements of `regional significance' shall be listed as
part of the regional transportation improvement program (TIP) as required by USC Title 23, Section 134 and
administered by the designated metropolitan planning organization (MPO).
SECTION NO. 6: TRANSPORTATION BENEFIT DISTRICT REVENUES
�he PARTIES agree that the SRTBD Governing Board may utilize (i) any single or combination of revenues
sources as authorized in chapter 36.73 RCW (ii) any other local government transportation revenue
authorized by the state legislature and/or (iii) State and/or Federal grant in aid program to fund the operation,
maintenance, and preservation of existing transportation infrastructure and to provide funding for the
acquisition, construction and improvement of transportation improvements to include those of `regional
significance' as provided for in this Agreement recognizing that some revenues sources are subject to voter
approval or may be implemented by action of the SRTBD Board
However, the PARTIES further agree that once the transportation benefit district is formed, no individual
jurisdiction that is party to this interlocal agreement shall impose an mandatory impact fee on any
construction for the purposes of transportation mitigation.
SECTION NO. 7: DISTRIBUTION OF REVENUES
All revenues received by the SRTBD shall be combined and distributed as follows:
Oeventy percent (70 9 /6) of all revenues shall be used by the PARTIES for the operation, preservation, and
maintenance of existing transportation investments within the boundaries of the SRTBD. Additionally,
individual PARTIES may utilize their respective share of revenues to fund the acquisition and/or construction
and/or improvement of transportation investments within their jurisdictions. The seventy percent (70 %)
distribution shall be based upon a combined population - vehicle miles traveled formula (formula). The
formula takes each PARTIES proportionate share of population as published in the Office of Financial
Management's (OFM) Official April 1' Population Estimate and each PARTIES proportionate share of
vehicle miles of travel (VMT) on the Federal Functional Classification System as published by the designated
MPO's regional travel demand model. Population and vehicle miles travel shall be equally weighted in the
revenue distribution calculation.
Thirty percent (30 %) of all revenues shall be utilized to fund fully, or in part, transportation improvements of
`regional significance' as defined and determined in Section No. 5.1
Comment [COS]: This represents a potentially
significant policy choice.
Our Council has only ever looked at implementing a
car tab fee. This agreement would authorize the
Board (SRTC7) to implement any of the funding
options (gas tax, car tab, impact fee, etc. It appears it
would also allow use of other funding that comes
from the state. For example, it may include TIP
funds that go to SRTC for distribution to
jurisdictions. subsection iii also appears to expand
potential funding options to any grant funds received
from the state or federal government that would
otherwise be go through a distribution formula or
otherwise allocated out to jurisdictions.
Comment [CD6]: This represents a significant
policy choice. The City should look at whether it
believes such a proposed distribution is equitable.
Page 4 of 9 (DRAFTED BY TODD MIELKE, February 26, 2010 VERSION)
SECTION NO. 8: DURATION
The PARTIES agree, as provided for in RCW 82.80.140, that the provisions of this Agreement will become
effective when the Agreement is executed by the COUNTY and sixty (60) percent of the cites representing
seventy -five (75) percent of the population of the cites within Spokane County. The terminology "city" shall
also include town. The population of the cities shall be determined based on the official records of the
Washington State Department of Community Trade and Economic Development
---- - --- ----- - - - - -
- -
Upon the effective date of this AGREEMENT, the COUNTY will by Ordinance, establish the SRTBD
consistent with the provisions of this Agreement and chapter 36.73 RCW. The Ordinance establishing the
SRTBD shall provide that it shall automatically dissolve when all indebtedness of the district has been retired
and anticipated responsibilities have been satisfied_ As _such, this Agreement shall terminate when the
SRTBD is automatically dissolved as provided for herein or as provided by law.
SECTION NO. 9: GENERAL TERMS
This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there
are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or
additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in
writing, executed by the PARTIES.
This Agreement shall be binding upon the PARTIES hereto, their successors and assigns.
In the event any portion of this Agreement should become invalid or unenforceable, the rest of the
Agreement shall remain in full force and effect.
The PARTIES shall observe all federal, state and local laws, ordinances and regulations, to the extent that
they may be applicable to the terms of this Agreement.
This Agreement shall be construed under the laws of Washington State. Any action at law, suit in equity
or judicial proceeding regarding this Agreement or any provision hereto shall be instituted only in courts
of competent jurisdiction within Spokane County, Washington.
This Agreement may be executed in any number of counterparts, each of which, when so executed and
delivered, shall be an original, but such counterparts shall together constitute but one and the same.
SECTION NO. 10: CHAPTER 39.34 RCW REQUIRED CLAUSES
A. PURPOSE
See Section No. 1 above.
B. DURATION
See Section No. 8 above.
C. ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS
See Section Nos. 2 and 3 above.
- Comment [CD7]: Perhaps this is intended to say
"Office Financial Management", which establishes
the population estimates. I do not believe CTED is
still in existence, and is instead now part of the
Department of Commerce.
Comment [CD8]: If the plan identifies that
funding is to be used for on -going maintenance of
existing transportation facilities, then it is arguable
that the responsibilities will never be "satisfied ", and
thus it will not automatically dissolve.
Page 5 of 9 (DRAFTED BY TODD MIELKE, February 26, 2010 VERSION)
D. RESPONSIBILITIES OF THE PARTIES
See provisions above.
E. AGREEMENT TO BE FILED
The PARTIES, except the COUNTY shall file this Agreement with their City Clerks. The
COUNTY shall place this Agreement on its web site.
F. FINANCING.
See Section Nos. 2, 3, 4, 5, 6, and 7 above.
G. TERMINATION.
See Section No. 8 above.
H. PROPERTY UPON TERMINATION.
Not applicable or see Section No. 2 above.
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and
year opposite their respective signatures.
DATED:
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE, COUNTY, WASHINGTON
ATTEST:
Daniela Erickson,
MARK RICHARD, Chair
BONNIE MAGER, Vice -Chair
TODD MIELKE, Commissioner
DATED: CITY OF SPOKANE:
By:
Attest: Its:
City Clerk (Title)
Approved as to form:
By:
Assistant Office of the City Attorney
Page 6 of 9 (DRAFTED BY TODD M IELKE, February 26, 2010 VERSION)
DATED:
Attest:
City Clerk
Approved as to form only:
Aet--,—Office of the City Attorney
DATED:
Attest:
City Clerk
DATED:
Attest:
City Clerk
Approved as to form only:
Acting City Attorney
DATED:
Attest:
City Clerk
CITY OF SPOKANE VALLEY:
By:
Its:
(Title)
CITY OF MEDICAL LAKE:
By:
Its:
(Title)
CITY OF LIBERTY LAKE:
By:
Its:
(Title)
CITY OF CHENEY:
By:
Its:
(Title)
Page 7 of 9 (DRAFTED BY TODD NIIELKE, February 26, 2010 VERSION)
DATED:
Attest:
City Clerk
DATED:
Attest:
City Clerk
DATED:
Attest:
Town Clerk
DATED:
Attest:
Town Clerk
DATED:
Attest:
Town Clerk
DATED:
Attest:
By:
Its:
(Title)
CITY OF DEER PARK:
By:
Its:
(Title)
TOWN OF NULLWOOD:
By:
Its:
(Title)
TOWN OF ROCKFORD:
By:
Its:
(Title)
TOWN OF FAIRIULD
By:
Its:
(Title)
TOWN OF SPANGLE
By:
Its:
Town Clerk (Title)
Page 8 of 9 (DRAFTED BY TODD MIELKE, February 26, 2010 VERSION)
DATED: TOWN OF LATAH
Attest:
Town Clerk
DATED:
Attest:
Town Clerk
By:
Its:
(Title)
TOWN OF WAVERLY
By:
Its:
(Title)
Page 9 of 9 (DRAFTED BY TODD MIELKE, February 26, 2010 VERSION)
3p0ki�n
galley
Memorandum
OFFICE OF THE CITY ATTORNEY
MICHAEL F. CONNELLY - CITY ATTORNEY
CARY P. DRISKELL - DEPUTY CITY ATTORNEY
11707 East Sprague Avenue Suite 103 ♦ Spokane Valley WA 99206
509.688.0235 ♦ Fax: 509.688.0299 ♦ cityattorney@spokanevalley.org
To: City Council; Mike Jackson, City Manager
From: Mike Connelly, City Attorney; Jandon Mitchell, Legal Extern;
Christine Hayes, Legal Intern
CC:
Date: June 30, 2010
Re: Parking regulations for trucks in residential streets
Questions and Answers Presented:
1. What State and City laws are there regarding parking large trucks and motor
homes on residential streets?
Spokane Valley Municipal Code (SVMC) 9.05.010 adopted, with some exclusions,
WAC 308 - 330 -462, known as the Washington Model Traffic Ordinance (WMTO).
WMTO adopted RCW 46.61.570. Although RCW 46.61570 gives parking
restrictions that are applicable generally, these laws do not give specific regulations
for parking large trucks and motor homes on residential streets. No other applicable
law provides such parking regulations. However, pursuant to RCW 46.61.570(2), the
City may adopt such regulations by ordinance.
2. Even if there are no State and City laws prohibiting parking large trucks and motor
homes on residential streets, are there circumstances where a law enforcement officer
may still impound or take custody of a vehicle under such circumstances?
Yes. For purposes of trucks and motor homes parked in residential streets, there are
two mechanisms through which a law enforcement officer may impound or take
custody of an unattended vehicle parked in a vehicular public right of way. The first
mechanism uses RCW 46.55.113 and RCW 46.55.010(14) together. It allows a law
enforcement officer to take immediate custody of a vehicle constituting an accident or
traffic hazard. RCW 46.55.113 provides a list of such instances. Of these, the
instances most likely applicable to parking on residential streets are when an
unattended vehicle constitutes an obstruction to traffic or jeopardizes public safety, or
when a vehicle has an expired registration of more than forty-five days. The second
mechanism uses RCW 46.44.085 and RCW 46.55.010(14) together. It permits a law
enforcement officer to take custody of a vehicle 24 hours after being tagged in
accordance with the tagging procedures of RCW 46.44.085. The mere fact that a
vehicle is unattended in the vehicular public right of way allows a law enforcement
officer to tag the vehicle.
3. What have other jurisdictions, including Spokane and Spokane County, adopted
relative to regulating parking large trucks and motor homes on residential streets?
Although neither Spokane nor Spokane County have adopted specific ordinances
regulating the parking of large trucks and motor homes on residential streets, other
Washington cities and counties have adopted such ordinances. Several of these are
summarized herein, with the ordinances attached.
Analysis:
1. What State and City laws are there regarding parking large trucks and motor
homes on streets in residential neighborhoods?
SVMC 9.05.010 adopted, with some exceptions, provisions of the WMTO:
Pursuant to RCW 35A.11.020 and 35A.12.140, the WMTO, as set forth in Chapter
308 -330 WAC, except WAC 308 - 330 -500 through 308 - 330 -540 relating to bicycle
licensing, is hereby adopted by reference as the traffic code (ordinance) of the City of
Spokane Valley.
One provision the City has adopted through the WMTO is WAC 308 - 330 -462, which states:
The following sections of the Revised Code of Washington (RCW) pertaining to
vehicle stopping, standing, and parking as now or hereafter amended are hereby
adopted by reference as a part of this chapter in all respects as though such sections
were set forth herein in full: RCW 46.61.560, 46.61.570 46.61.575, 46.61.581,
46.61.582, 46.61.583, 46.61.585, 46.61.587, and 46.61.590.
Emphasis added. RCW 46.61.570 gives general parking prohibitions, applicable to
residential streets. It states:
(1) Except when necessary to avoid conflict with other traffic, or in compliance with
law or the directions of a police officer or official traffic control device, no person
shall:
(a) Stop, stand, or park a vehicle:
(i) On the roadway side of any vehicle stopped or parked at the edge or
curb of a street;
2
(ii) On a sidewalk or street planting strip;
(iii) Within an intersection;
(iv) On a crosswalk;
(v) Between a safety zone and the adjacent curb or within thirty feet of
points on the curb immediately opposite the ends of a safety zone,
unless official signs or markings indicate a different no- parking area
opposite the ends of a safety zone;
(vi) Alongside or opposite any street excavation or obstruction when
stopping, standing, or parking would obstruct traffic;
(vii) Upon any bridge or other elevated structure upon a highway or
within a highway tunnel;
(viii) On any railroad tracks;
(ix) In the area between roadways of a divided highway including
crossovers; or
(x) At any place where official signs prohibit stopping.
(b) Stand or park a vehicle, whether occupied or not, except momentarily to
pick up or discharge a passenger or passengers:
(i) In front of a public or private driveway or within five feet of the
end of the curb radius leading thereto;
(ii) Within fifteen feet of a fire hydrant;
(iii) Within twenty feet of a crosswalk;
(iv) Within thirty feet upon the approach to any flashing signal, stop
sign, yield sign, or traffic control signal located at the side of a
roadway;
(v) Within twenty feet of the driveway entrance to any fire station and
on the side of a street opposite the entrance to any fire station within
seventy -five feet of said entrance when properly signposted; or
(vi) At any place where official signs prohibit standing.
3
(c) Park a vehicle, whether occupied or not, except temporarily for the
purpose of and while actually engaged in loading or unloading property or
passengers:
(i) Within fifty feet of the nearest rail of a railroad crossing; or
(ii) At any place where official signs prohibit parking.
(2) Parking or standing shall be permitted in the manner provided by law at all
other places except a time limit may be imposed or parking restricted at other
places but such limitation and restriction shall be by city ordinance or county
resolution or order of the secretary of transportation upon highways under their
respective iurisdictions.
(3) No person shall move a vehicle not lawfully under his or her control into any such
prohibited area or away from a curb such a distance as is unlawful.
(4) It shall be unlawful for any person to reserve or attempt to reserve any portion of a
highway for the purpose of stopping, standing, or parking to the exclusion of any
other like person, nor shall any person be granted such right.
Emphasis added. "Highway" has a broad definition, meaning "the entire width between the
boundary lines of every way publicly maintained when any part thereof is open to the use of
the public for purposes of vehicular travel." RCW 46.04.197. See RCW 46.04.010, which
states: "Terms used in [Title 46] shall have the meaning given to them in [Chapter RCW
46.04.] . . ." See also WAC 308 - 330 -100, which states: "All sections of chapter 46.04 RCW
[definitions] as now or hereafter amended are hereby adopted by reference as a part of this
chapter [308 -330] in all respects as though such sections were set forth herein in full."
As such, so long as done by ordinance, and so long as consistent with RCW 46.61.570(1) and
Washington law, the City may impose a time limit or restrict parking on any public way
maintained when open to public for vehicular travel. As it pertains to residential streets in
the City, RCW 46.61.570(1) does have some minimal regulations regarding vehicle parking
generally which is applicable to residential neighborhoods, but there are no residential
parking regulations specific to large trucks or motor homes. Such regulations may be made,
however, by City ordinance. RCW 46.61.570(2). Because the City has not adopted any
ordinance regulating truck and motor home parking on residential streets, no other laws
regulate such parking.
2. Even if there are no State and City laws prohibiting parking large trucks and motor
homes on residential streets, are there circumstances where a law enforcement officer
may still impound or take custody of a vehicle under such circumstances?
RCW 46.55.010(14) gives the definition of "unauthorized vehicle" and indicates under what
conditions an unauthorized vehicle is subject to possible impoundment:
4
"Unauthorized vehicle" means a vehicle that is subject to impoundment after
being left unattended in one of the following public or private locations for the
indicated period of time:
Subject to removal after:
(a) Public locations:
(i) Constituting an accident or a traffic hazard as defined in RCW 46.55.113.
. Immediately
(H) On a highway and tagged as described in RCW 46.55.085 .
24 hours
(iii) In a publicly owned or controlled parking facility, properly posted under
RCW 46.55.070 ............ Immediately
(b) Private locations:
(i) On residential property ............ Immediately
(ii) On private, nonresidential property, properly posted under RCW 46.55.070 . .
.......... Immediately
(iii) On private, nonresidential property, not posted ............ 24 hours
Emphasis added. Under RCW 46.55.010(14)(a)(i), a law enforcement officer may take
immediate custody of an unauthorized, unattended vehicle, if it is an accident or traffic
hazard as defined in RCW 46.55.113:
(1) Whenever the driver of a vehicle is arrested for a violation of RCW 46.61.502,
46.61.504, 46.20.342, or 46.20.345, the vehicle is subject to summary impoundment,
pursuant to the terms and conditions of an applicable local ordinance or state agency
rule at the direction of a law enforcement officer.
(2) In addition, a police officer may take custody of a vehicle, at his or her
discretion, and provide for its prompt removal to a place of safety under any of
the following circumstances:
(a) Whenever a police officer finds a vehicle standing upon the roadway in
violation of any of the provisions of RCW 46.61.560 [which only applies
outside of incorporated cities and towns], the officer may provide for the
removal of the vehicle or require the driver or other person in charge of the
vehicle to move the vehicle to a position off the roadway;
(b) Whenever a police officer finds a vehicle unattended upon a highway
where the vehicle constitutes an obstruction to traffic or Jeopardizes
public safety,
(c) Whenever a police officer finds an unattended vehicle at the scene of an
accident or when the driver of a vehicle involved in an accident is physically
or mentally incapable of deciding upon steps to be taken to protect his or her
property;
5
(d) Whenever the driver of a vehicle is arrested and taken into custody by a
police officer;
(e) Whenever a police officer discovers a vehicle that the officer determines to
be a stolen vehicle;
(f) Whenever a vehicle without a special license plate, placard, or decal
indicating that the vehicle is being used to transport a person with disabilities
under section 701 of this act is parked in a stall or space clearly and
conspicuously marked under RCW 46.61.581 which space is provided on
private property without charge or on public property;
(g) Upon determining that a person is operating a motor vehicle without a
valid and, if required, a specially endorsed driver's license or with a license
that has been expired for ninety days or more;
(h) When a vehicle is illegally occupying a truck, commercial loading zone,
restricted parking zone, bus, loading, hooded - meter, taxi, street construction
or maintenance, or other similar zone where, by order of the director of
transportation or chiefs of police or fire or their designees, parking is limited
to designated classes of vehicles or is prohibited during certain hours, on
designated days or at all times, if the zone has been established with signage
for at least twenty -four hours and where the vehicle is interfering with the
proper and intended use of the zone. Signage must give notice to the public
that a vehicle will be removed if illegally parked in the zone;
(i) When a vehicle with an expired registration of more than for -five
days is parked on a public street.
(3) When an arrest is made for a violation of RCW 46.20.342, if the vehicle is a
commercial vehicle and the driver of the vehicle is not the owner of the vehicle,
before the summary impoundment directed under subsection (1) of this section, the
police officer shall attempt in a reasonable and timely manner to contact the owner of
the vehicle and may release the vehicle to the owner if the owner is reasonably
available, as long as the owner was not in the vehicle at the time of the stop and arrest
and the owner has not received a prior release under this subsection or RCW
46.55.120(1)(a)(ii).
(4) Nothing in this section may derogate from the powers of police officers under the
common law. For the purposes of this section, a place of safety may include the
business location of a registered tow truck operator.
Emphasis added. Even if a vehicle is not an accident or traffic hazard as defined in RCW
46.55.113(a)(i), it could still be impounded under RCW 46.55.113(a)(ii). This section allows
0
a law enforcement officer to take custody of an unauthorized, unattended vehicle, after 24
hours of being tagged as described in RCW 46.55.085:
(1) A law enforcement officer discovering an unauthorized vehicle left within a
highway right -of -way shall attach to the vehicle a readily visible notification
sticker. The sticker shall contain the following information:
(a) The date and time the sticker was attached;
(b) The identity of the officer;
(c) A statement that if the vehicle is not removed within twenty -four hours
from the time the sticker is attached, the vehicle may be taken into custody
and stored at the owner's expense;
(d) A statement that if the vehicle is not redeemed as provided in RCW
46.55.120, the registered owner will have committed the traffic infraction of
littering -- abandoned vehicle; and
(e) The address and telephone number where additional information may be
obtained.
(2) If the vehicle has current Washington registration plates, the officer shall check
the records to learn the identity of the last owner of record. The officer or his or her
department shall make a reasonable effort to contact the owner by telephone in order
to give the owner the information on the notification sticker.
(3) If the vehicle is not removed within twenty -four hours from the time the
notification sticker is attached, the law enforcement officer may take custody of
the vehicle and provide for the vehicle's removal to a place of safety. A vehicle
that does not pose a safety hazard may remain on the roadside for more than
twenty -four hours if the owner or operator is unable to remove it from the place
where it is located and so notifies law enforcement officials and requests
assistance.
(4) For the purposes of this section a place of safety includes the business location of
a registered tow truck operator.
Emphasis added. RCW 46.55.085 requires a vehicle to be an "unauthorized vehicle" in order
to be tagged, yet one of the definitions of "unauthorized vehicle" in RCW 46.55.010(14) is
an unattended vehicle in a public location that has been tagged as described in RCW
46.55.084. As such, a law enforcement officer may, after 24 hours of a vehicle's being
tagged, impound any vehicle parked on a vehicular public right of way.
7
3. What have other jurisdictions, including Spokane and Spokane County, adopted
relative to regulating parking large trucks and motor homes on residential streets?
The website of Municipal Research and Services Center of Washington (MRSC) gives a
succinct description of other Washington jurisdictions' oversized vehicle residential
regulations:
Restrictions for on- street and off - street parking of oversized vehicles and recreational
vehicles vary from community to community. The definitions of "oversized
vehicles" vary, as do the length of time such vehicles are allowed to park, if at all.
Some jurisdictions define oversized and commercial vehicles by gross weight, such as
12,000 lbs, or 10,000 pounds gross vehicle weight rating. Others may define them in
terms of length and height, for example 12 feet long, or in the case of Seattle, 80
inches wide. Even more specific are combinations of height and weight such
as a commercial vehicle not more than nine feet in height and 22 feet long, or,
in the North Bend code provisions, a truck - tractor, truck and/or trailer, truck- tractor
and/or semitrailer combination over 32,000 pounds licensed gross weight, over 80
inches in width, or over 30 feet in length.
Most communities prohibit overnight parking of big trucks in residential areas. A
few, such as Edmonds, provide for off - street parking in a residential zone by permit,
or in the example from Federal Way, in accordance with specific zoning
requirements. Vehicles, such as campers and RVs are allowed in residential areas
under various zoning requirements. A few cities allow temporary on- street parking,
such as Burlington, which limits the parking to two consecutive days or no more than
two days in any seven -day period. Tacoma allows a maximum of seven calendar days
for a vehicle, boat trailer, recreation trailer, camper, or other licensed or unlicensed
vehicle or device on the street. Most cities require boats to be stored off - street and
to be sight screened. Some allow temporary on -street parking of a short duration.
<http: / /www.mrsc.org/ subjects /legal/nuisances /rvstor.aspx> What follows are summaries of
various cities' and counties' residential parking regulations for oversized vehicles:
Spokane
Similar to Spokane Valley, the City of Spokane has adopted by reference provisions of the
WMTO. Under the City of Spokane Municipal Code Title 16A entitled "Motor Vehicles"
there are parking restrictions laid out, however none of them directly pertain to the parking of
commercial or recreational vehicles in residential zones. Because the WMTO is also silent
on this issue, the City of Spokane does not have any specific ordinances relating to this issue.
Code enforcement officers with the City of Spokane indicated that Spokane's overall
approach to dealing with big trucks or commercial vehicles parked in residential districts is to
approach it as a land use problem as opposed to adopting an ordinance specifically relating to
the parking of the vehicles. Further, they indicated that it is a very rare occurrence to have a
problem relating to the parking of big trucks in residential areas arise.
8
Spokane County
While Spokane County Code defines "commercial vehicle" to mean any vehicle the principal
use of which is the transportation of commodities, merchandise, produce, freight, animals, or
passengers for hire, the code does not specify parking regulations pertaining to such vehicles
in residential zones.
Bellevue (Attachment I)
Permits in Residential Land Use Districts parking or storage of RVs, watercraft, and utility
trailers so long as they are under 40 feet long and satisfy one of the following: 1) in a vented
garage; 2) in a carport sight- screened from abutting properties; 3) in a side or rear yard if
sight- screened from abutting properties and in compliance with setback requirements for
accessory structures. The ordinance provides an exception to the rule for a qualified disabled
person with an RV and for loading and unloading activities that are completed within three
days. Defines RV as "[a]ny wheeled, motorized vehicle manufactured, converted or altered
to provide self - contained temporary living quarters for recreational, camping or travel uses,
and which does not exceed 40 feet in length. Any vehicle manufactured, converted, or
altered which has integral wheels for towing or can be mounted on a motorized vehicle to
provide self - contained, temporary living quarters for recreational, camping or travel uses."
Burlington (Attachment II)
Prohibits recreational or commercial vehicles on the city streets or sidewalks in residential
zones, but allows them to be parked in a garage or private driveway. Permits two
consecutive days or two days in a seven -day period to load and unload (loading and
unloading must be 15 minutes or under) on the street abutting the owner's property if it is
done so in preparation for or ending a departure. Defines RVs as "all travel trailers, tent
trailers, boats, boat trailers, utility trailers, snowmobile trailers or any similar vehicle. The
term shall also include any "motor home" or "camper" as such terms are defined in RCW
82.50.010." Defines commercial vehicles as either: 1) vehicle or trailer over 20 feet long; or
2) vehicle over 10,000 pounds gross vehicle weight and that are used commercially.
Clark County (Attachment III)
Prohibits trailers and trucks with a gross weight capacity over 10,001 pounds, from being
parked on any street of any residential area of the county. Allows time for reasonable
loading and unloading, no set time limit.
Des Moines (Attachment IV)
Commercial vehicles over 10,000 pounds in gross weight and exceeding 20 feet in length and
7.5 feet in width are prohibited in residential areas except on a temporary basis not exceeding
six hours so long as sight is not obstructed. RVs and utility vehicles allowed in residential
areas only when: 1) they do not intrude into public rights -of -way or obstruct sight visibility
from adjacent driveways; 2) if at all possible, they cannot be parked in the front building
setback; 3) they must be clean and well -kept to not detract from appearance of surrounding
area; 4) they cannot be occupied as a dwelling unit. RVs and utility vehicles defined as
travel trailers, folding tent trailers, motor homes, truck campers, horse trailers, boat trailers,
or utility trailers.
Z
Edmonds (Attachment V)
Prohibits the parking or storing of commercial vehicles over 10,000 pounds in residential
areas unless a conditional use permit has been obtained. Allows for loading and unloading,
no set time limit. Commercial vehicle is defined as any motor vehicle, the principal use of
which is the transportation of commodities, merchandise, produce, freight, vehicles, animals,
passengers for hire, or which is used primarily in construction or farming, including but not
limited to bulldozers, backhoes, tractors and cranes.
Federal Way (Attachment VI)
A maximum of one commercial vehicle may be parked on a lot in a single - family residential
zoned lot regardless of weight. Provides exceptions for construction, loading and unloading
(for a maximum of 48 hours), and for limited time periods. If the commercial vehicle is over
80 inches wide there are time limitations on how long it may be parked on a lot. Parking or
storage of any recreational vehicle or boat more than nine feet in height and more than 22
feet in length is prohibited in residentially zoned lots unless it falls into a listed exception.
Commercial vehicles, boats, and RVs may not be used for residential purposes for more than
14 -days in a 180 -day period.
Issaquah (Attachment VII)
RVs, commercial and utility vehicles and boats must be licensed, clean, well -kept.
Commercial vehicles may only be parked in residential areas if for temporary pick up,
delivery, or moving regardless of weight or size. "Commercial vehicles" are defined as a
vehicle of size and weight that is not typically found in a residential area. Travel trailers,
campers, or motor homes may only be parked in residential areas of kept in a side or rear
yard. With the exception of driveways, carports, and garages: trucks, RVs, and motorcycles
shall not be permitted in front or streetside yards of a residential use property.
Lake Forest Park (Attachment VIII)
Prohibits a truck or trailer or any type of construction equipment to be parked on any public
right -of -way in any residential zone unless in connection with a project, and only during
daylight hours. Does not apply to RVs, trailers, and pickup trucks.
North Bend (Attachment IX)
No parked trucks, truck tractors, or semitrailers, over 80 inches wide, permitted on streets in
multifamily residential zones, except for construction projects, and loading or unloading.
(Trucks in Multi - family Zones, Time Limits for Large Commercial Vehicles)
Redmond (Attachment X)
Parking commercial vehicles over 10,000 pounds in residential areas in prohibited.
Recreational and utility vehicles must be located, in order of priority: 1) a vented garage or
carport; 2) a side or rear yard; 3) a front yard on a driveway; 4) other locations determined by
the Code Administrator to be less intrusive. Exemptions for pickup or light trucks 10,000
pounds gross weight or less. The vehicles may be parked in residentially zones areas
provided the listed conditions in the ordinance are met.
11111
Renton (Attachment XI)
Prohibits parking of any vehicle over 12,000 pounds gross vehicle weight on any public right
of way in which all of the adjacent structures occupied as residential dwellings. "Adjacent
structures" means the same side of the right of way as the parking area and within the same
block. Prohibits commercial vehicles from parking at all during the hours of 12:00 a.m. and
3:00 a.m. on a public right of way. No person shall park a commercial vehicles upon a public
right -of -way within 500 feet of a residential dwelling between 9:00 p.m. and 6:00 a.m. for
more than ten consecutive minutes within any two hour period. Exceptions include
deliveries from commercial vehicles, privately owned recreational vehicles and boats, utility
trucks owned by a public or quasi - public agency responding to emergencies. Violation is a
nuisance and vehicle is impounded.
Tacoma (Attachment XII)
Prohibits parking a commercial vehicle over 12,000 pounds on residential property or any
public street in a residential district for a period in excess of one hour unless engaged in
loading and unloading. Unlawful to park more than two vehicles of 12,000 pounds or less
which are used for commercial purposes. Prohibits parking a trailer, boat trailer, or RV on a
public street for a period of longer than seven -days. RVs may be used for human habitation
for up to 14 -days per calendar year so long as a proper permit has been attained.
11
Attachment I— Bellevue
Bellevue: 20.20.720 Recreational vehicles, watercraft, and utility trailers.*
A. Parking or storage of recreational vehicles, watercraft (whether mounted on trailers or
unmounted), or utility trailers, except for loading and unloading activities completed within a
three -day period within any given two -week period, is not permitted within a Residential Land
Use District (R -1 – R -30), unless there is compliance with the following:
1. The recreational vehicle, watercraft (except for kayaks and canoes which need not
be sight- screened), or utility trailer is housed within a vented garage or within a carport which is
sight- screened from abutting properties by solid board fencing or sight - obscuring landscaping at
least six feet in height.
2. The recreational vehicle, watercraft (except for kayaks and canoes which need not
be sight- screened), or utility trailer may be located within a side or rear yard if in compliance
with setback requirements applicable to accessory structures and sight- screened from abutting
properties by solid board fencing or sight - obscuring landscaping at least six feet in height.
3. If there is no reasonable access to a rear or side yard, either one recreational vehicle,
watercraft or utility trailer not exceeding 28 feet in length may be located in the front yard as
follows:
a. In the driveway perpendicular to the right -of -way, provided setback
requirements applicable to the primary structure are met and the vehicle or watercraft is sight -
screened from the closest abutting property by solid board fencing or sight - obscuring
landscaping at least six feet in height; or
b. Within the required front setback area, provided the vehicle or watercraft is
completely sight- screened from the right -of -way and from the closest abutting property. The
sight screening must consist of plant material; however, a gate is permissible if necessary to
maneuver the vehicle or watercraft;
c. A vehicle or watercraft stored under this subsection A.3 must be licensed and
operable.
4. For purposes of this section, all sides of a property which abut a right -of -way
constitute a front yard.
B. One recreational vehicle may be used as a temporary dwelling on a lot already containing
another dwelling unit for up to five days without a permit and for an extended period not to
exceed 30 days upon issuance of a Temporary Use Permit by the City.
1. The permit issued must be affixed to the recreational vehicle in such a manner that it
is prominently displayed and visible, to the extent possible, from a public right -of -way.
2. Recreational vehicles meeting the requirements of this subsection may be parked
within a front yard, need not be sight- screened and need not comply with accessory structure
setback requirements for the effective period of the permit.
3. No more than one Temporary Use Permit may be granted within any three -month
period.
C. Parking or storage of recreational vehicles, watercraft or utility trailers for compensation
is not permitted within a Residential Land Use District (R -1– R -30). This subsection does not
apply to storage facilities provided exclusively for tenants of multifamily dwelling complexes.
D. This section does not apply to vehicles with camper shells or to watercraft moored over
water.
12
E. Recreational vehicles, watercraft and utility trailers which exceed 40 feet in length are not
permitted in any Residential Land Use Districts (R -1— R -30).
F. As to recreational vehicles only, the requirements of subsection A of this section shall not
apply to a residence if one or more occupants thereof has a current windshield placard or special
license plate issued to them by the State of Washington as a qualified disabled person in
accordance with RCW 46.16.381. Persons claiming this exemption shall apply to the Director for
approval thereof. The Director shall establish procedures and standards for acting on exemption
requests hereunder. Only one recreational vehicle per residence may be exempted under this
provision. (Ord. 5475, 10- 20 -03, § 8; Ord. 5090, 8 -3 -98, § 1; Ord. 4552, 8 -4 -93, § 1; Ord. 3985,
2- 21 -89, § 3)
* Not effective within the jurisdiction of the East Bellevue Community Council.
20.50.014 C definitions.
*Camper Shell. Any all- weather cargo enclosure which is mounted on the walls of a truck over
the bed, contains no interior fittings, and is used for the transportation of cargo. (Ord. 5475 10-
20-03, § 14; Ord. 3985 2- 21 -89, § 5)
*Not effective within the jurisdiction of the East Bellevue Community Council.
20.50.044 R definitions.
*Recreational Vehicle. Any vehicle defined as follows:
Any wheeled, motorized vehicle manufactured, converted or altered to provide self - contained
temporary living quarters for recreational, camping or travel uses, and which does not exceed 40
feet in length. Any vehicle manufactured, converted, or altered which has integral wheels for
towing or can be mounted on a motorized vehicle to provide self - contained, temporary living
quarters for recreational, camping or travel uses. (Ord. 5475 10- 20 -03, § 26; Ord. 3985 2- 21 -89,
§ 7)
*Not effective within the jurisdiction of East Bellevue Community Council.
20.50.050 U definitions.
*Utility Trailer. Any vehicle with integral wheels designed to be towed by a motorized vehicle to
transport goods, property, equipment or livestock. (Ord. 5475 10- 20 -03, § 30; Ord. 3985 2 -21-
89, § 9)
*Not effective within the jurisdiction of East Bellevue Community Council.
20.50.054 W definitions.
13
*Watercraft. Any vessel which is used for water travel sport or pleasure, which is greater than 12
feet in length, but does not exceed 40 feet in length or 12 feet in height as measured at the
highest point when mounted on a trailer. (Ord. 5475, 10- 20 -03, § 31; Ord. 3985, 2- 21 -89, § 10)
*Not effective within the jurisdiction of East Bellevue Community Council.
20.50.058 Y definitions.
*Yard. The area between the existing building line and the property line. (Ord. 5475 10- 20 -03, §
32; Ord. 3985 2- 21 -89, § 11)
*Not effective within the jurisdiction of East Bellevue Community Council.
14
Attachment II— Burlington
10.12.170 Parking restrictions for commercial and recreational vehicles.
A. In areas zoned residential, including multifamily areas, no recreational or commercial
vehicle may be stored upon any city street or sidewalk, but may be stored in a garage or private
driveway.
B. The restrictions set forth in this section shall not apply to the parking of a recreational
vehicle on a street or alley immediately abutting street lot line of the lot upon which the owner or
operator of the vehicle resides if such parking is solely for the purpose of connection with a
planned trip, outing or vacation, commencing or ending on the same day of such departure or
return, including any loading or unloading of persons and personal effects, or for the preparation
of the vehicle in regards to such departure or return; provided, however, that such parking may
not occur on more than two consecutive days or on more than two days in any seven -day period
and shall not be occupied while parked on street. (Ord. 1239 § 4, 1993; Ord. 1201 § 9, 1992).
10.12.100 Definitions.
A. As used in this chapter, the term "recreational vehicle" shall include all travel trailers, tent
trailers, boats, boat trailers, utility trailers, snowmobile trailers or any similar vehicle. The term
shall also include any "motor home" or "camper" as such terms are defined in RCW 82.50.010,
which definitions are hereby adopted by reference.
B. As used in this chapter, the term "commercial vehicle" shall mean all motor vehicles
exceeding 20 feet in length, including trailers, and all nonmotorized vehicles or trailers designed
to be or actually attached or connected to a motor vehicle which exceeds 20 feet in length
measured from the front of the motor vehicle to the end of the nonmotorized vehicle or trailer,
and all vehicles exceeding 10,000 pounds gross vehicle weight, which vehicles are used, in
whole or in part, for the transportation of commodities, merchandise, produce, freight, vehicles,
animals, passengers for hire, or which are used, in whole or in part, in construction or farming.
C. As used in this chapter, the term "loading and unloading" shall mean temporarily stopping
for no more than 15 minutes while removing or adding goods to the vehicle. (Ord. 1201 § 8,
1992).
15
Attachment III —Clark County
10.10.010 Parking prohibited.
(1) Except where allowed pursuant to a neighborhood parking plan adopted under Section
40.430.030 no person shall park or leave standing on any street of any residential area of the
county any of the following:
(a) A truck with a gross weight capacity in excess often thousand one (10,001)
pounds;
(b) A trailer in excess of twenty (20) feet in length.
(2) The provisions of this section shall not apply to any vehicle which is parked or left
standing expressly for the purpose of loading or unloading, providing vision of traffic is not
obstructed. For the purposes of this section, a reasonable amount of time on any day or
successive days shall be allowed for loading and unloading, the amount of which time is to be
determined according to the nature and extent of the loading and unloading operation. (Sec. 1 of
Res. No. 1979- 02 -73; amended by Sec. 3 of Ord. 1997- 10 -21; amended by Sec. 1 (Att. A) of
Ord. 2009- 07 -01)
10. 10.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the following
designated meaning unless a different meaning is expressly provided:
(1) "Residential area" means those areas of the county which have been designated for
purposes of the zoning code (Title 40) as AG -WL, FR -80, FR -40, AG -20, RC1, RC2.5, R5, R10,
R20, UR -10, UR -20, UH -5, UH -10, UH -20, R1 -7.5, R1 -10, R1 -20, R1-6, R1-5, R -12, R -18, R-
22, R -30, R -43, OR -15, OR -18, OR -22, OR -30, OR -43, Residential Na or Residential Planned
Unit Development.
(2) "Trailer" means any vehicle without motive power designed for carrying persons or
property on its own structure and to be drawn by a vehicle with motive power. The term trailer
includes trailer coach, semi - trailer or utility trailer, but does not include recreational vehicle such
as travel trailers.
(3) "Truck" means any motor vehicle designed primarily for the transportation of property.
(4) "Street of any residential area" means all streets, roads, highways, arterials and alleys
located within or abutting a residential area. For purposes of this chapter, all such "abutting
streets" shall include the full right -of -way of such abutting street. (Sec. 2 of Res. No. 1979 -02-
73; amended by Sec. 1 of Ord. 1988- 04 -35; amended by Sec. 4 of Ord. 1998- 11 -02)
10. 10.030 Penalty.
Any person who violates or fails to comply with the provisions of this chapter or who counsels,
aids or abets any such violation or failure to comply, shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be punished by the imposition of a fine not to exceed fifty
($50) dollars per day for each violation. (Sec. 3 of Res. No. 1979- 02 -73)
ICS
Attachment IV —Des Moines
18.44.110 Parking and storage of recreational, utility, and commercial vehicles in
residential neighborhoods.
(1) Exemptions. Pickup or light trucks, 10,000 pounds gross weight or less and not exceeding
20 feet in length or 7.5 feet in width, with or without a mounted camper unit, which are primarily
used by the property owner for transportation purposes are exempt from this subsection.
(2) Recreational and utility vehicles are defined as travel trailers, folding tent trailers, motor
homes, truck campers removed from a truck or pickup, horse trailers, boat trailers with or
without boats, and utility trailers. Recreational and utility vehicles may be parked in residential
areas provided the following conditions are met:
(a) Vehicles shall not intrude into public rights -of -way or obstruct sight visibility from
adjacent driveways.
(b) Vehicles shall not be parked in the front building setback unless there is no
reasonable access to the building side yards or rear yards because of topography or other
physical conditions of the site.
(c) Vehicles shall be maintained in a clean, well -kept state which does not detract from
the appearance of the surrounding area.
(d) At no time shall parked or stored vehicles be occupied or used as a permanent or
temporary dwelling units except that guests may reside in a recreational vehicle on the host's
premises on a temporary basis.
(3) Truck Tractors, Trailers, and Large Commercial Vehicles. Parking of commercial vehicles
over 10,000 pounds gross weight, exceeding 20 feet in length and /or 7.5 feet in width, is
prohibited in residential areas, except on a temporary and nonregular basis not exceeding six
hours when sight visibility is not obstructed. [Ord. 695 § 11, 1987.]
17
Attachment V— Edmonds
17.50.100 Commercial vehicle regulations.
A. No person shall park or store more than one commercial vehicle or any commercial vehicle
over 10,000 pounds licensed gross vehicle weight per dwelling unit on any lot in any R zoned
district unless he /she has first obtained a conditional use permit. For the purposes of this section,
"commercial vehicle" means any motor vehicle, the principal use of which is the transportation
of commodities, merchandise, produce, freight, vehicles, animals, passengers for hire, or which
is used primarily in construction or farming, including but not limited to bulldozers, backhoes,
tractors and cranes.
B. The provisions of this section shall not apply to commercial vehicles which are being
loaded or unloaded. [Ord. 3496 § 2, 2004].
18
Attachment VI— Federal Way
Article VII. Commercial Vehicles, Recreational Vehicles, and Boats
19.130.250 Parking and storage of commercial vehicles in residential zones limited.
Parking or storage of commercial vehicles is prohibited on residentially zoned lots except as
follows:
(1) A maximum of one commercial vehicle based on standard pickup, light duty trucks, or
passenger vehicles, that does not exceed a maximum of 10,000 pounds gross vehicle weight
rating (GVWR as defined in RCW 46.25.010) may be parked on any residentially zoned lot;
(2) A maximum of one commercial vehicle regardless of GVWR may be parked or stored on
any lot in a single - family residential zone (RS 35.0) or a suburban estates zone (SE);
(3) Commercial vehicles may be parked on any lot in a residential zone for a maximum of 48
hours for the exclusive purpose of loading or unloading the vehicle;
(4) Commercial vehicles may be parked on any lot in a residential zone for construction
purposes pursuant to a valid development permit;
(5) A maximum of one commercial vehicle not more than nine feet in height and 22 feet in
length may be parked on any lot if used for private construction purposes and when it is not
visible from a right -of -way or access easement and not parked in the driveway;
(6) Parking or storage as allowed by FWRC 19.130.270
Except for commercial vehicles used for loading and unloading purposes and commercial
vehicles for construction purposes with a valid development permit, no more than one
commercial vehicle is allowed per lot.
(Ord. No. 09 -607, § 3 (Exh. A -1), 4 -7 -09; Ord. No. 09 -595, § 12, 1 -6 -09; Ord. No. 04 -457, § 3, 2-
3-04. Code 2001 § 22- 1176.)
19.130.260 Parking and storage of recreational vehicles and boats in residential zones limited.
Parking or storage of any recreational vehicle or boat more than nine feet in height and more
than 22 feet in length is prohibited in residentially zoned lots except as allowed by FWRC
19.130.270 or 19.130.290
(Ord. No. 09 -607, § 3(Exh. A -1), 4 -7 -09; Ord. No. 09 -595, § 13, 1 -6 -09; Ord. No. 04 -457, § 3, 2-
3-04. Code 2001 § 22- 1177.)
19.130.270 Exceptions.
The city may, using process III, approve a request to park or store a vehicle or boat of any size
on a lot in a residential zone if:
(1) The parking or storage of the vehicle or boat will not be detrimental to the character of the
neighborhood;
(2) The property abutting the subject property will not be impacted by the parking or storage;
(3) The placement of the vehicle or boat will not create a potential fire hazard; and
(4) The parking or storage is clearly accessory to a residential use on the subject property and
the vehicle or boat is operated by a resident of the subject property.
19
(Ord. No. 09 -607, § 3(Exh. A -1), 4 -7 -09; Ord. No. 04 -457, § 3, 2 -3 -04; Ord. No. 00 -375, § 25,
2000; Ord. No. 90 -43, § 2(115.145(2)), 2- 27 -90. Formerly 22 -1177. Code 2001 § 22- 1178.)
19.130.280 Additional requirements.
The city may impose screening requirements, limit the hours of operation and impose other
restrictions to eliminate adverse impacts of the parking or storage.
(Ord. No. 09 -607, § 3(Exh. A -1), 4 -7 -09; Ord. No. 04 -457, § 3, 2 -3 -04; Ord. No. 90 -43,
§ 2(115.145(2)), 2- 27 -90. Formerly 22 -1178. Code 2001 § 22- 1179.)
19.130.290 Limitation on use.
It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle,
recreational vehicle, or boat parked in a residential zone for more than 14 days in any 180 -day
period, except as allowed by subsection (1) of this section.
(1) Based on a written request, the director may permit a recreational vehicle of any size to be
used as a temporary dwelling on a single - family residential lot where the primary dwelling unit
is unsafe to occupy by reason of disaster or accident such as fire, wind, earthquake, or other
similar circumstance, provided:
(a) The recreational vehicle may be occupied for a maximum of 12 months from the date
the primary dwelling was damaged. One 12 -month extension may be granted by the director
based on demonstration of continuing hardship and documented good faith efforts to complete
construction.
(b) Occupancy of the recreational vehicle shall cease within 30 days of issuance of a
certificate of occupancy for reconstruction of the primary dwelling unit at the property.
(c) The recreational vehicle may be located within the required front yard setback but
may not obstruct sight distance at driveways and intersections. The recreational vehicle may not
be in required side or rear yards setbacks.
(d) Generators shall not be utilized.
(e) The director's approval is revocable if the requirements of this section are not met.
(2) The director shall provide a copy of the approval letter to the applicant, property owner (if
different from the applicant), and all adjoining property owners.
(Ord. No. 09 -607, § 3(Exh. A -1), 4 -7 -09; Ord. No. 04 -457, § 3, 2 -3 -04; Ord. No. 90 -43,
§ 2(115.145(3)), 2- 27 -90. Formerly 22 -1179. Code 2001 § 22- 1180.)
8.50.020 Parking commercial vehicles in residential areas.
No person shall park a commercial vehicle which is more than 80 inches wide overall on any
street or alley in residential areas zoned SE, RS and RM except when engaged in deliveries or as
support to an ongoing business activity such as construction, moving, carpentry, plumbing, or
landscaping, but only for the time reasonable and necessary to support the activity or make the
delivery.
(Ord. No. 05 -507, § 1, 10- 18 -05; Ord. No. 91 -97, § 1, 5- 21 -91; Ord. No. 90 -46, § 4, 3- 20 -90.
Code 2001 § 15 -82.)
ME
Attachment VII — Issaquah
Issaquah: 18.07.210 Parking and storage of vehicles and boats.
A. Purpose and Intent: The purpose of this section is to establish standards for outdoor
residential uses, storage and activities related to motor vehicles and nonmotorized vehicles.
These standards are intended to protect property values by reducing visual blight, aid in
emergency access and fire safety, guard against the creation of rodent and pest harborage, and
reduce the impact on the natural environment from the leaking of motor vehicle fluids.
B. Parking of Vehicles and Boats in Right -of -Way: It is unlawful for any person to park
and/or permit any other person to park a recreational or utility vehicle, boat or trailer that
intrudes into the public right -of -way or obstructs visibility from adjacent driveways or street
corners.
C. Disabled or Unlicensed Vehicles and Boats: It is unlawful for any person to keep, store or
park, or to permit any other person to keep, store or park, any disabled vehicle or boat, or
unlicensed vehicle or boat, on any privately owned residential property within the City unless
that vehicle or boat is stored and parked outside public view within a fully enclosed building at
all times. Auto or boat repair shops may have disabled licensed vehicles or boats on the premises
which are being repaired, but these vehicles or boats shall not be parked clearly within public
view or in the right -of -way.
D. Vehicle as Dwelling Unit: It is unlawful for any person to use any parked or stored
recreational or utility vehicle as a permanent or temporary dwelling unit; provided, however,
temporary guests who travel in a recreational or utility vehicle may reside in the vehicle on the
host's premises on a temporary basis not to exceed thirty (30) days in any one (1) year, and so
long as such vehicle is not parked in the right -of -way, or obstructing visibility from adjacent
driveways or street corners.
E. Appearance: All recreational, commercial and utility vehicles and boats shall be
maintained in a clean, well -kept condition which does not detract from the appearance of the
surrounding area. Vehicles and boats which are kept on -site shall be operational and currently
registered and licensed.
F. Vehicles in Residential Areas:
1. Commercial: It is unlawful for any person to park or store commercial vehicles in
residential areas. This provision does not apply to temporary parking for delivery, pick up,
moving or service activities. For the purpose of this section, a "commercial vehicle" is defined as
a vehicle of a size and weight that is not typically found in a residential area; for example, a
typical home use pick up truck with a commercial logo on the side would be permitted.
However, semi - trucks, semi -cabs, tractor trailers or heavy equipment would not be permitted to
be parked or stored in a residential area. Heavy equipment may be parked on a site that is in the
process of being developed.
2. Recreational: Travel trailers, campers, or motor homes may be parked in a
residential area, as long as the vehicle complies with the provisions of this code. The vehicle
shall be kept in a side or rear yard and screening from the adjacent properties is encouraged. If
the vehicle cannot be stored in a side or rear yard due to site constraints, the vehicle shall be
parked off -site during those extended times when not in use.
3. Motorized Vehicles such as Cars, Trucks, Recreational Vehicles, and Motorcycles:
Shall not be permitted to park in the pervious surface areas of front or streetside yards of a
residential use property. Exceptions: driveways, carports, garages.
21
G. Boats and Boat Trailers, Flatbed Trailers, Hauling Trailers, and Similar Vehicles: Boats
and boat trailers, flatbed trailers, hauling trailers, and similar vehicles shall not be stored or
parked in the front vegetated landscaping of a residential area, unless parked in the driveway,
carport or garage. If the boat and/or trailer is parked in a driveway, screening from adjacent
properties is encouraged. Canoes and kayaks are not required to be sight screened. (Ord. 2552
§ 5, 2009; Ord. 2405 § 15, 2004; Ord. 2301 § 2, 2001; Ord. 2108 § 7.2.14, 1996).
22
Attachment VIII —Lake Forest Park
10.12.017 Parking regulations for trucks and trailers.
No one shall park or permit a truck or trailer or any type of construction equipment to be
parked on any public right -of -way in any residential zone of the city at any time unless actively
engaged in the loading or unloading of materials or passengers, or in connection with an
approved construction project or work performed on property or properties during daylight
hours; provided, that the phrase "truck or trailer" shall not be construed to mean recreational
vehicles, trailers and pickup trucks, with or without a canopy, that are not used for commercial
purposes and do not have lettering or logos.
It is not necessary that restricted parking or other traffic signs be erected for the purpose of
enforcing this section. (Ord. 960 § 2, 2007)
Attachment IX —North Bend
Chapter 10.06
PARKING REGULATIONS
Sections:
10.06.010 Truck parking banned in multifamily zones.
10.06.020 Fine.
10.06.031 Time limits for large commercial vehicles.
10.06.040 Vehicles – Time limits.
10.06.010 Truck parking banned in multifamily zones.
No person shall park a truck, truck tractor, semitrailer, or combination thereof over 80 inches in
width, except for any such vehicle parked in connection with any permitted construction or while
loading or unloading goods or services, on any street wholly within or bordering the following
multifamily residential zones, as defined in the North Bend Municipal Code: RM -3600, RM-
2400, RM and RM -900. (Ord. 844 § 2, 1991).
10.06.020 Fine.
A person found to have committed a violation of this chapter shall be assessed a monetary
penalty of $35.00. (Ord. 844 § 3, 1991).
10.06.031 Time limits for large commercial vehicles.
A. It shall be an infraction for any person to park, or allow to be parked any of the following
described vehicles on any public street, highway, public right -of -way, public off - street parking
area, or any location open to the public within the city limits of North Bend in excess of six
hours in any 24 -hour period:
1. Truck - tractor, truck and/or trailer, truck - tractor and /or semitrailer combination over 32,000
pounds licensed gross weight, over 80 inches in width, or over 30 feet in length;
2. Dump trucks;
3. Buses;
4. Trucks with three axles or more; and
5. Mobile home transport vehicles.
24
B. The prohibition of this section shall not apply in the following cases:
1. Off - street parking for commercial vehicle operators owning or operating a business that has a
North Bend business license and is in operation before January 1, 1993;
2. Any vehicle parked in connection with construction activities for which a permit has been
obtained from the North Bend building department; and
3. Any vehicle that is in the process of loading or unloading goods and services within the city
limits.
C. Any second or subsequent violation may subject the vehicle to impoundment at any time after
the vehicle has been tagged with notification of intent to impound for future violations of the
truck parking ordinance. (Ord. 910 § 1, 1993).
10.06.040 Vehicles — Time limits.
A. No person shall park or store any vehicle within any off - street public parking facility or any
other off - street public property within the city in excess of 24 consecutive hours.
B. No person shall park or store any vehicle upon any street or public right -of -way in excess of
72 consecutive hours.
C. No person shall park or store any vehicle in excess of two consecutive hours upon any section
of North Bend Way, between Sydney Street and Ballarat Avenue North.
D. No person shall park or store any vehicle posted with a "For Sale" sign or other similar sign
within any off - street public parking facility or other off - street public property.
E. For purposes of this section, a vehicle is defined as set forth in RCW 46.04.670, and shall
include all recreational vehicles, including motor homes, campers, utility trailers, boats, boat
trailers, and travel trailers, and shall include large commercial vehicles referenced in NBMC
10.06.031.
F. The first violation of this section shall cause the vehicle to be subject to impoundment at the
registered owner's expense. The law enforcement officer discovering an unauthorized vehicle
left within a city parking facility or right -of -way shall attach to the vehicle a readily visible
notification. The notification shall contain the following information: the date and time the
notification was attached; the identity of the officer; a statement that if the vehicle is not removed
within the corresponding time period that the vehicle may be impounded and stored at the
owner's expense. If the vehicle has current Washington registration plates, the officer shall check
the records to learn the identity of the last registered owner of record. The officer or his
department may make a reasonable effort to contact the owner by telephone in order to give the
owner the information on the notification sticker. It is not necessary for law enforcement to
provide notification if the vehicle is located in any off - street public parking facility, or other
public property when that parking facility or public property is clearly posted by signing
25
prohibiting actions outlined in this section. The law enforcement officer may impound the
vehicle and provide for the removal of the vehicle to a place of safety, which includes the
location of a registered tow truck operator. A vehicle that does not pose a safety hazard may
remain on the roadside for more than 24 hours if the owner or operator is unable to remove it
from the place where it is located and so notifies law enforcement officials and requests
assistance. (Ord. 1147 § 1, 2002: Ord. 1070 § 1, 1999: Ord. 910 § 2, 1993).
K
Attachment X -- Redmond
20D.130.10 -050 Parking and Storage of Recreational, Utility and Commercial Vehicles in
Residential Neighborhoods.
(1) Purpose. The intent of this section is to define permitted locations for the parking of Recreational,
Utility and Commercial Vehicles within residential areas of the City such that neighborhood quality
and character are maintained.
(2) Exemptions. Pickup or light trucks, 10,000 pounds gross weight or less, with or without a
mounted camper unit, which are primarily used by the property owner for transportation purposes are
exempt from this section.
(3) Recreational and Utility Vehicles. Requirements.
(a) General Requirements. Vehicles may be parked in any area which is either residentially
zoned or used for residential purposes, including City Center, provided the following
conditions are met:
(i) Vehicles shall not intrude into a right -of -way or access easement or obstruct sight
visibility from adjacent driveways, rights -of -way or access easements.
(ii) Recreational vehicles shall be operable and maintained in a clean, well -kept state
that does not detract from the appearance of the surrounding area.
(iii) Recreational vehicles equipped with liquefied petroleum gas containers shall
meet the standards of the Interstate Commerce Commission. Valves or gas containers
shall be closed when the vehicle is stored, and, in the event of leakage, immediate
corrective action must be taken.
(iv) Vehicles shall not be parked in a waterfront building setback, on slopes greater
than 15 percent, in designated open spaces or recreational areas, in sensitive areas, in
sensitive area buffers, or in floodways.
(v) Recreational vehicles may be occupied on a temporary basis not to exceed 30
days within one calendar year.
(vi) Unless the Uniform Building Code or Uniform Fire Code dictate otherwise, there
shall be no minimum building separation for Recreational and Utility Vehicles.
(vii) Screening Requirements: Ordinance No. 2149 - 1 — (A) Vehicles parked on the
side or rear of a residential property must be sight screened from the closest abutting
street right of way when the vehicle is not parked perpendicular to the right -of -way.
(B) Type I landscaping or an equivalent method as determined by the Code
Administrator that meets the intent of this section shall be used.
(C) Other screening may be required at the discretion of the Code
Administrator.
(b) Permitted Parking Locations.
A vehicle may be located in the following areas listed in order of priority, provided
the general requirements of 20D.130.10- 050(3)(a) are met:
(i) Within a vented garage or carport;
(ii) In a side or rear yard.
(iii) Within a front yard on a driveway only, parked perpendicular to the right -of -way.
See Appendix 20D -3 Construction Specification and Design Standards for Streets
and Access.
(iv) In other locations if determined by the Code Administrator to be less obtrusive
than the above locations. Screening the recreational vehicle with landscaping, fencing
or a combination of the two may be required to meet this standard.
27
(v) If none of the above locations are feasible, the recreational/utility vehicle must be
stored off -site.
(c) Effective Date. Notwithstanding any other provision of this section, for a maximum two -
year period from the effective date of the first ordinance codified in this sub - section,
a recreational or utility vehicle which was owned and was being parked on a property
by the occupant of the property on the effective date of this ordinance may continue
to be parked provided that all such vehicles must be in compliance with all relevant
requirements in effect prior to the adoption of the revisions.
(4) Truck Tractors and Trailers, Large Commercial Vehicles. Parking of commercial vehicles over
10,000 lbs. gross weight is prohibited in residential areas. (Formerly 20C.20.150(25))
28
Attachment XI— Renton
CHAPTER 10
PARKING REGULATIONS
10 -10 -12 OVERNIGHT PARKING OF CERTAIN VEHICLES PROHIBITED:
It shall henceforth be unlawful to park within any residential zone (SR -1, SR -2, R -1 through R -4,
T and G) within the City from the hours of nine o'clock (9:00) P.M. to six o'clock (6:00) A.M.
the following types of vehicles:
A. All types trailers designed to be drawn by a motor vehicle except recreation trailers.
B. Buses and trucks used for business purposes in whole or in part excluding pickup or panel
trucks of less than one ton rated capacity. (Ord. 3428, 4- 28 -80; amd. Ord. 4271, 6- 18 -90)
10 -10 -13 PARKING OF CERTAIN COMMERCIAL VEHICLES OR VEHICLES OVER
TWELVE THOUSAND POUNDS GROSS VEHICLE WEIGHT REGULATIONS:
A. Parking; Residential Developments: It shall be unlawful to park any commercially
licensed or any vehicle over twelve thousand (12,000) pounds gross vehicle weight on any public
right -of -way in which all of the adjacent structures are occupied as residential dwellings.
Adjacent structures shall mean those structures on the same side of the right -of -way as the area
for parking and within the same block.
B. Existing Commercial Developments: On any public right -of -way in which not all of the
adjoining structures are developed and occupied as residential units but there are existing
developed commercial or business occupancies, parking will be permitted for commercial
vehicles or vehicles above twelve thousand (12,000) pounds gross vehicle weight only on that
portion of the public right -of -way abutting developed commercial or business property. For
purposes of this Section, public right -of -way abutting commercial property shall mean that
public right -of -way bounded by lines created by the commercial property line extended to where
they intersect the public right -of -way and on the same side of the public right -of -way as the
commercial property.
C. Hours: Commercial vehicles or vehicles over twelve thousand (12,000) pounds gross
vehicle weight are prohibited from parking on public right -of -way between the hours of twelve
o'clock (12:00) midnight and three o'clock (3:00) A.M. Between the hours of nine o'clock (9:00)
P.M. and six o'clock (6:00) A.M. no person shall park a commercial vehicle
upon the public right -of -way within five hundred feet (500') of residential dwellings and
permit any motor, engine, compressor or other device to operate for more than ten (10)
consecutive minutes or a total of ten (10) minutes within any two (2) hour period.
D. Time Limit: Commercial vehicles or vehicles over twelve thousand (12,000) pounds
gross vehicle weight are prohibited from parking on public right -of -way for more than two (2)
hours.
E. Gross Vehicle Weight: "Gross vehicle weight" is defined in RCW 46.16.111, or as
amended.
29
F. Home Business: For purposes of this Section, any structure or residence enjoying a home
business occupancy permit shall be considered a residential occupancy and not a commercial
occupancy.
G. Public Right -of -Way: Public right -of -way shall include any dedicated or developed
property used or intended for use as public streets, alleys or other means of public ingress, egress
or passage whether the property of the City, County or State.
H. Exemptions:
1. Commercial vehicles or vehicles over twelve thousand (12,000) pounds gross
vehicle weight engaged in deliveries or as support to an ongoing business activity such as
construction or moving are exempt from the provision of this Section, but only for the time
reasonable and necessary to support the activity or make the delivery.
2. Commercial vehicles typically used for passenger or commuting purposes (sedan,
station wagon, small van, small pickups) that are under twelve thousand (12,000) pounds are
exempt from the provisions of this Section.
3. Privately owned recreational vehicles and boats shall not be regulated under this
Section unless the vehicles are being parked as part of a commercial activity such as repairs,
sales or servicing or are being used for a commercial purpose.
4. Utility trucks when owned by a public or quasi - public agency and when the drivers
are required by their employment to respond to emergencies. (Ord. 4046, 3 -2 -87)
I. Trailers and Semi - Trailers: No person may park or stand, or cause to be parked or stood,
any trailer to semi - trailer disconnected from a commercial vehicle on any street or public
property in the City at any time.
J. Central Business District: A person may park a commercial vehicle in the street in the
central business district, under the following conditions:
1. There must be a minimum of two (2) lanes of travel in the same direction;
2. Said person must be loading or unloading merchandise or passengers;
3. Such parking shall not exceed a period of fifteen (15) minutes; and
4. Said parking shall not block more than one lane of travel. (Ord. 4271, 6- 18 -90)
K. Impound: Any vehicle found to be in violation of this Section is declared to be a public
nuisance, and such vehicle may be impounded if no operator is present who will immediately
comply with this Section. (Ord. 4046, 3 -2 -87; amd. Ord. 4271, 6- 18 -90)
10 -10 -14 EXTENDED UNAUTHORIZED PARKING:
A. No person shall park a vehicle on any street or other municipal property for a period of
time longer than seventy -two (72) consecutive hours, unless an official posted sign provides a
shorter period of time, or unless otherwise provided by law.
B. Authorized vehicles on municipal property are excluded from the provisions of this
Section, as are vehicles displaying valid proof of payment when parked in spaces controlled by a
parking payment device.
C. Impound: Any vehicle found to be in violation of this Section is declared to be a public
nuisance, and such vehicle may be impounded if no operator is present who will immediately
comply with this Section.
D. Notice to Owner:
1. A law enforcement officer discovering an unauthorized vehicle left within a
highway right -of -way shall attach to the vehicle a readily visible notification. The notification
shall contain the following information:
30
a. The date and time the notification was attached;
b. The identity of the officer;
c. A statement that if the vehicle is not removed within twenty -four (24) hours
from the time the notification is attached, the vehicle may be taken into
custody and stored at the owner's expense;
d. A statement that if the vehicle is not redeemed as provided in RCW
46.55.120, the vehicle may be declared an abandoned vehicle and sold
according to the terms of RCW 46.55.130;
e. The address and telephone number where additional information may be
obtained.
2. If the vehicle has current Washington registration plates, the officer shall check the
records to learn the identity of the last owner of record. The officer or his department shall make
a reasonable effort to contact the owner by telephone, mail, or in person, in order to give the
owner the information on the notification.
3. A vehicle that does not pose a safety hazard may remain on the roadside for more
than twenty -four (24) hours if the owner or operator is unable to remove it from the place where
it is located and so notifies law enforcement officials and requests assistance. (Ord. 5310, 10 -8-
07)
31
Attachment XII— Tacoma
11.05.200 Parking of commercial vehicles in residential neighborhood prohibited.
A. It shall be unlawful for any owner, agent, operator, or person in charge of any bus, semitrailer,
trailer, motor truck, tractor, and/or truck tractor, as previously defined, or any commercial
vehicle over 12,000 pounds gross vehicle weight, to park, store, or keep such motor vehicle on
any residential property or on any public street, avenue, alley, or other thoroughfare, or any
right -of -way in any residential district in the City of Tacoma for a period in excess of one hour
unless engaged in legitimate loading or unloading activities.
Such acts shall be punishable by a penalty in an amount not less than those amounts set forth
below:
Type of Vehicle Minimum Amount
Commercial vehicle – overtime parking - first offense $150
Commercial Vehicle – overtime parking - second offense $200
B. It shall be unlawful for any owner of property in any residential district in the City of Tacoma
to park on, cause to be parked on, or allow to be parked on his or her residential property more
than two vehicles of 12,000 pounds or less gross vehicle weight which are used for commercial
purposes. Such acts shall be punishable by a penalty in an amount not less than those amounts set
forth below:
Type of Vehicle Minimum Amount
Commercial vehicle - too many parked - first offense $150
Commercial Vehicle – too many parked - second offense $200
Commercial Vehicle – too many parked - third offense $250
11.05.210 Delivery and construction vehicles
– Emergency repairs.
A. The restrictions of Section 11.05.200 shall not apply to the temporary parking of such
vehicles on private property, or on a public street, avenue, alley, or other public thoroughfare
adjacent to said property in residential districts, whereon construction is underway, for which a
current and valid building permit has been issued by the City of Tacoma and said permit is
properly displayed on the premises; or whereon construction not requiring a building permit
(e.g., landscaping) is underway.
B. The restriction of Section 11.05.200 to one hour in residential districts shall not apply to
routine deliveries by tradesmen, or the use of trucks in making service calls, provided that such
time in excess of one hour is actually in the course of business deliveries or servicing.
C. The restrictions of Section 11.05.200 shall not apply to a situation where such vehicle
becomes disabled and, as a result of such emergency, is required to be parked within a residential
district for longer than one hour. However, any such vehicle shall be removed from the
residential district within 24 hours, by wrecker towing if necessary, regardless of the nature of
the emergency.
32
D. The restrictions of Section 11.05.200 shall not apply to vehicles, whether or not operative,
which are stored or kept entirely within a garage or accessory building which meets all
applicable laws and codes of the City of Tacoma.
11.05.220 Parking of commercial trailers prohibited.
No person, without permission from the Traffic Engineer, shall park within a public right -of -way
any detached trailer, semitrailer, pole trailer, or any other trailer used for commercial purposes,
unless such vehicle is being actively loaded or unloaded, and such act shall be punishable by a
penalty in an amount of not less than $75.00.
11.05.225 Parking prohibited within two feet of a mailbox.
No person shall park a vehicle within two feet of a mailbox during the hours of 9:00 a.m. to 4:00
p.m. on all days of scheduled delivery by the United States Postal Service.
11.05.230 Parking, extended period.
No person shall park a vehicle, boat trailer, recreation trailer, camper, or other licensed or
unlicensed vehicle or device for a period of time longer than seven calendar days on any public
street or alley right -of -way, and such act shall be punishable by a penalty in an amount of not
less than $35.00.
33
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 6, 2010 City Manager Sign -off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
® information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Informational report on CTA- 04 -10, a privately initiated amendment to Title
19 of the Spokane Valley Municipal Code (SVMC), proposing to allow the expansion of nonconforming
uses onto adjacent property.
GOVERNING LEGISLATION: SVMC 19.30.040 - Development regulation text amendments.
PREVIOUS COUNCIL ACTION TAKEN: None.
BACKGROUND: The Applicant proposes to amend the nonconforming use provisions contained in
Section 19.20.060 of the Spokane Valley Municipal Code. Current regulations allow nonconforming
uses to expand to adjacent properties under the same ownership at the time the use became
nonconforming. The proposed amendment would allow nonconforming uses to expand to adjacent
properties without regard to ownership.
On June 24, 2010, the Planning Commission conducted public hearing on the proposed amendment.
By a 5 -2 vote, the Planning Commission recommends that the application be disapproved
An administrative report and motion consideration is scheduled for the July 20, 2010 City Council
meeting. At that meeting, Council may accept the Planning Commission recommendation and deny
the proposal, approve the application, modify the application or send it back to the Planning
Commission for further consideration.
OPTIONS: N/A
RECOMMENDED ACTION: Info only
BUDGET /FINANCIAL IMPACTS: None.
STAFF CONTACT:
Scott Kuhta, AICP, Senior Planner
ATTACHMENTS:
1. Staff report (includes Planning Commission Findings)
2. Application
3. SEPA Determination
4. Comparison chart of nonconforming regulations
RCA Information Only - CTA -04 -10 1 of 1
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
S P6 ne
STAFF REPORT AND RECOMMENDATION TO THE
.. OValley PLANNING COMMISSION
CTA -04 -10 — NONCONFORMING USE EXPANSION TO ADJACENT PROPERTIES
STAFF REPORT DATE: JUNE 17, 2010
HEARING DATE AND LOCATION: June 24, 2010, beginning at 6:00 p.m., Spokane Valley City Hall Council Chambers,
11707 East Sprague Avenue, Suite 101, Spokane Valley, Washington 99206.
PROPOSAL DESCRIPTION: A privately initiated amendment to Section 19.20.060 of the Spokane Valley Municipal Code
(SVMC) proposing to allow the expansion of nonconforming uses onto adjoining property not under the same ownership
at the time the use became nonconforming.
This proposal is considered a non - project action under RCW 43.21 C.
PROPOSAL LOCATION: The proposal affects the entire City of Spokane Valley.
APPLICANT: Dwight J. Hume
APPROVAL CRITERIA: Title 17 (General Provisions) and Title 21 (Environmental Controls) of the SVMC.
SUMMARY OF RECOMMENDATION: The Planning Division recommends that the Planning Commission disapprove the
proposed text amendment to the SVMC.
STAFF PLANNER: SCOTT KUHTA, AICP, Senior Planner, Community Development Department
ATTACHMENTS:
Exhibit 1: Draft Amendments
Exhibit 2: SEPA Determination
Exhibit 3: Nonconforming Use Comparison Chart
BACKGROUND INFORMATION
A. APPLICATION PROCESSING
Chapter 17.80 Permit Processing Procedures in the SVMC. The following summarizes key application procedures
for the proposal.
Notice of Application Issue Date
May 28, 2010
Date of Published Notice of Public Hearing:
June 4, 2010
Issuance of an Optional Determination of Non-Significance NS :
June 18, 2010
End of Appeal Period for DNS:
July 2, 2010
B. FINDINGS AND CONCLUSIONS SPECIFIC TO SEPA
Findings:
Pursuant to Title 21 (Environmental Controls) of the Spokane Valley Municipal Code (SVMC), the lead agency has
determined that this proposal does not have a probable significant adverse impact on the environment. An
Environmental Impact Statement (EIS) is not required under RCW 43.21C.030 (2) (c). The Planning Division issued
Staff Report to Planning Commission
CTA -04 -10
Page 1 of 5
a Determination of Non - Significance (DNS) on June 18, 2010, for the proposal. This decision was made after review
of a completed environmental checklist and other information on file with the lead agency.
Conclusion(s):
The procedural requirements of the State Environmental Policy Act and Title 21 of the SVMC have been fulfilled by
the submittal of the required SEPA Checklist, and the issuance of the City's threshold determination consisting of a
Determination of Non - Significance (DNS). No appeals have been received at the time of this report. The appeal
period will close July 2, 2010.
C. STAFF FINDINGS AND CONCLUSIONS SPECIFIC TO THE CODE TEXT AMENDMENT
1. COMPLIANCE WITH TITLE 17 (GENERAL PROVISIONS) OF THE SPOKANE VALLEY MUNICIPAL CODE
Findings:
Section 17.80.150(F) of the Spokane Valley Municipal Code (SVMC) provides approval criteria that must be
considered when the City amends the SVMC. The criteria are listed below along with staff comments.
1. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan;
Staff Response The Comprehensive Plan does not provide specific policy direction towards the treatment
of nonconforming uses. However, the most basic principle of land use planning is to separate incompatible
uses, such as industrial from residential, by locating them in different parts of the community or buffering
them from each other. The following policies relate to this principal.
LUP -1.1 - Maintain the character of existing and future residential neighborhoods through the
development and enforcement of the City's land use regulations and joint planning.
LUP -1.2 - Protect residential areas from impacts of adjacent non - residential uses and/or higher
intensity uses through the development and enforcement of the City's land use regulations and joint
planning.
LUP -11.1 - Commercial, residential and recreational uses should be limited or not allowed in areas
designated for industry, except for small -scale ancillary commercial and recreational uses intended to
primarily serve the industrial area.
LUP -11.3 - Provide appropriate buffering, landscaping and other development standards for industrial
areas.
NP -2.1 - Maintain and protect the character of existing and future residential neighborhoods through
the development and enforcement of the City's land use regulations and joint planning.
NP -2.6 - Establish appropriate design guidelines with buffer zones and transition requirements to
protect residential neighborhoods from incompatible land uses and adverse impacts associated with
arterials, freeways and rail corridors.
Allowing nonconforming uses to expand onto adjacent properties without restriction is not consistent with
the overall intent of the Comprehensive Plan to protect neighborhoods from incompatible uses.
2. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the
environment;
Staff Report to Planning Commission
CTA -04 -10
Page 2 of 5
Staff Response: Zoning is a police power that allows the City to exercise reasonable control over the
use of property in the interest of the health, safety and welfare of the community at large. Zoning is also
the regulatory means to implement the goals and policies of the comprehensive plan. Zoning separates
uses that are incompatible, thereby protecting the general health, safety and welfare of the community.
Chapter 19.20.06013 (4), SVMC, currently allows the expansion of nonconforming uses to adjacent
property under the same ownership when the use became nonconforming, subject to certain criteria.
Compared to many other jurisdictions, this allowance is uncommon and extraordinary. This provision is
provided in the SVMC to avoid economic hardship to property owners who may have made plans to
expand a legal use onto adjacent property purchased for that purpose but was made nonconforming by new
zoning regulations.
The proposed amendment would expand this provision to land not under ownership at the time the use
became nonconforming. It would apply to existing nonconforming uses and nonconforming uses that
replace another nonconforming use. The concern is that if the proposed amendment is adopted,
incompatible uses may expanded to adjacent properties without limit, thereby rendering the zoning code
somewhat meaningless.
For example, if a use that would otherwise be permitted only in the Heavy Industrial zone is allowed to
expand in the Corridor Mixed Use (CMU) zone, then it has the potential to negatively impact adjacent
uses, such as schools, residences and retail shops, all permitted uses in the CMU zone. If the use is
compatible with the zoning and does not interfere with the use of adjacent property, then the appropriate
mechanism to address the situation is to either allow the use outright, or require a Conditional Use Permit,
which then allows public scrutiny via a public hearing process.
Upon review of random zoning codes from cities and counties around Washington State and Idaho, staff
has found only one other jurisdiction that allows expansion onto adjacent property not under ownership at
the time the use became nonconforming (see Exhibit 3, Nonconforming Comparison Chart) by
administrative approval. That jurisdiction, the City of Spokane, allows expansion of nonconforming uses
onto adjacent properties only in industrial and higher intensity commercial zones. Spokane County allows
expansion of nonconforming uses onto adjacent property with a conditional use permit, subject to a public
hearing before the Hearing Examiner. Some jurisdictions only allow nonconforming uses only to expand
within the structure it occupies; most other jurisdictions allow expansion on the parcel the nonconforming
use occupies.
Conclusion(s):
The proposed text amendment to the SVMC is not consistent with the approval criteria contained in the SVMC.
IV. STAFF RECOMMENDATION
The Planning Division, after review and consideration of the proposed text amendment and applicable approval
criteria, recommends that the Planning Commission recommend denial of CTA- 04 -10.
V. PLANNING COMMISSION FINDINGS
The Planning Commission is required to adopt findings of fact (Sections 17.80.140 & 17.80.150) when making
recommendations to the City Council. At the conclusion of the hearing for the text amendment to the SVMC, the
Planning Commission, by separate motion, should adopt findings of fact.
Background:
A. The Spokane Valley Municipal Code (SVMC) was adopted in September 2007 and became effective on
October 28, 2007.
B. Chapter 19.30.040 of the SVMC allows code text amendments to be submitted at any time.
Staff Report to Planning Commission
CTA -04 -10
Page 3 of 5
C. The SVMC is permissive in its treatment of nonconforming uses by allowing nonconforming uses to be
replaced with another nonconforming use and by allowing expansion of nonconforming uses to adjacent
parcels under the same ownership at the time the use became nonconforming.
D. Allowing nonconforming uses to expand to any adjacent property in any zone is an extremely uncommon
zoning practice.
E. The text amendment is intended to address a site specific issue. The Planning Commission must consider
the text amendments potential affect on the entire community.
F. The Planning Commission conducted a study session on June 24, 2010, prior to the public hearing.
Findings: Staff has prepared the following findings for the Planning Commission in the event there is concurrence
with the recommended approval.
The Planning Commission finds the proposed text amendment to be consistent with the applicable
provisions of the Growth Management Act, Countywide Planning Policies (CWPP) and the City's
Comprehensive Plan;
GMA Policies
a. The Washington State Growth Management Act (GMA) provides the following guidance applicable to
the Environment and Property Rights:
i. Protect the environment and enhance the state's high quality of life, including air and water
quality and the availability of water.
ii. Private property shall not be taken for public use without just compensation having been made.
The property rights of landowners shall be protected from arbitrary and discriminatory actions
pursuant to state and federal law.
b. The County Wide Planning Policies provide the following guidance applicable to the Environment and
services:
i. Policy Topic 3 — Promotion of contiguous and Orderly Development and Provisions of Urban
Services. — Policy 5 All jurisdictions shall coordinate plans that classify, designate and protect
natural resource lands and critical areas.
City of Spokane Valley Goals and Policies
c. The City of Spokane Valley has adopted goals and policies consistent with the GMA and adopted
CWPP.
i. LUP -1.1 - Maintain and character of existing and future residential neighborhoods through the
development and enforcement of the City's land use regulations and joint planning.
ii. LUP -1.2 - Protect residential areas from impacts of adjacent non - residential uses and/or higher
intensity uses through the development and enforcement of the City's land use regulations and
joint planning.
iii. LUP -11.1 - Commercial, residential and recreational uses should be limited or not allowed in
areas designated for industry, except for small -scale ancillary commercial and recreational uses
intended to primarily serve the industrial area.
iv. LUP -11.3 - Provide appropriate buffering, landscaping and other development standards for
industrial areas.
v. NP -2.1 - Maintain and protect the character of existing and future residential neighborhoods
through the development and enforcement of the City's land use regulations and joint planning.
Staff Report to Planning Commission
CTA -04 -10
Page 4 of 5
vi. NP -2.6 - Establish appropriate design guidelines with buffer zones and transition
requirements to protect residential neighborhoods from incompatible land uses and adverse
impacts associated with arterials, freeways and rail corridors.
2. The Planning Commission finds the proposed text amendment is detrimental to public health, safety,
welfare, and protection of the environment;
Supporting Statements
a. It is clear that the SVMC is exceptionally accommodating in its treatment of nonconforming uses.
The intent of zoning is to separate incompatible uses. Over time, nonconforming uses would ideally
relocate to appropriately zoned property. This code amendment allows nonconforming situations to
expand without restriction if certain criteria are met. Zoning must be administered to protect the
community at large. This amendment is not consistent with the intent of zoning to separate
incompatible uses and is therefore considered detrimental to public health, safety, welfare and the
protection of the environment.
Recommended Motion: The Planning Commission adopts the findings in the staff report and
recommends denial of CTA- 04 -10, a code text amendments to allow nonconforming uses to expand onto
adjacent property not under same ownership at the time the use became nonconforming.
Staff Report to Planning Commission
CTA -04 -10
Page 5 of 5
Sp® ne
VA.HIM
I 'l�• Development — Planning Division
SPOI(ANEVALt703 E Sprague Ave Suite B -3 } S pokane Valley WA 99206
DEPARTMEN i 720.5026 ® Fax: 509.688.0037 ® planning@spokanevaltey.org
COI1it�1UNITY DEVELOPMENT
e .. 1 1— n.....
DEVELOPMENT CODE TEXT
RECEIVERMENDMENT APPLICATION
SVMC 17.80.150
vrrr vow vw�
r
Date Submitted: Received by: — Fee: I M4
PLUS #: File #: '� 1'" I♦
PART 1— REQUIRED MATERIAL
\\ THE PLANNING DIVISION WILL NOT ACCEPT YOUR APPLICATION IF THE REQUIRED MATERIALS ARE NOT PROVIDED"
r:tf T
� fe- Application Meeting Request (include copy of staff worksheet from meeting)
!V ■ Completed Application, Form
� Application Fee ,
SEPA Checklist: One (1) copy of completed State Environmental Policy'Act (SEPA)
Environmental Checklist, including option Non - Project Action supplemental form. (Note: Any
previous environmental documents that are relevant to this project should be included and may
be adopted by reference.)
PART 11— APPLICATION INFORMATION
APPLICANT NAME Dwight J Hume
MAILING ADDRESS 9101 N Mt. View Lane
CITY: Spokane
I STATE MA
ZIP:
PHONE: 435-3108
1 FAX: 467 -022 .9
435 -3108
CELL:
dhume @spokane- landuse.com
EMAIL:
SECTION(S) OF CODE PROPOSED TO BE AMENDED (INCLUDE CODE CITATION): See Attached
SUMMARY OF REQUESTED CODE AMENDMENT(S): See Attached
REVISED 2126110 Page 1 of 2
Spokane
,; Val ley
REASONS) FOR CODE AMENDMENT(S) See attached
IS THE PROPOSED AMENDMENT CONSISTENT WITH THE APPLICABLE PROVISIONS OF THE COMPREHENSIVE PLAN:
Yes, see attached
DOES THE PROPOSED AMENDMENT BEAR A SUBSTANTIAL RELATION TO THE PUBLIC HEALTH, SAFETY, WELFARE,
AND PROTECTION OF THE ENVIRONMENT:
Yes, see attached
PART III — AUTHORIZATION
(Signature of applicant)
I Dwight J Hume (print name) swear or affirm that the above responses are
made tr thf Ily and to the best of my o ledge.
Signature) (Date)
STATE OF WASHINGTON)
NOTARY
TEXT AMENDMENT APPLICATION
ss:
COUNTY OF SPOKANE )
SUBSCRIBED AND SWORN to before me this
1,
day of KCJ !J , 20�
NOTARY SEAL
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I NOTARY SIGNATURE
Notary P lic in and for the State of Washington
Residing at: /C/" (
My appointment expires: L
REVISED 2126/10 Page 2 of 2
Land Use Planning Services
9101 N. MT. VIEW LANE Spokane, WA 99218
509 - 435 -3108 (V) 509 -467 -0229 (F) MAY 13 2910
sPaKANI= VALLEY
DEPART ME -N r 6J
G0M &1UNITY DEVELO'✓ ;NI E NF
5 -13 -10
Greg McCormick AICP
Community Development Department
E. 11707 Sprague Avenue Suite 106
Spokane Valley, WA 99206
Ref: Text Amendment Non - conforming Use
Dear Greg:
Enclosed herewith is the completed Development Code text amendment for the
non - conforming use expansion. As you will see, it is changing the language of
the code to allow expansion onto adjacent property regardless of when it was
purchased.
As you or staff will see, there are several ways this can be written and /or
administered for protection against impacts. Personally, I feel that Spokane
Valley has the best approach to have it as an administrative review and approval
vs. a CUP process, since there is little benefit fprm holding public hearings just to
determine what the criteria already requires. 14011A
i
Dwight J Hum
Enclosure: Application, Fee, SEPA Checklist
RECEIV5D
Text Amendment
Non - Conforming Use MAY j ' 2J1O
Supplement //�� AA 7 S P OKAN E
� °4nJNIE� _
Sections of code to be amended:
Chapter 19.20.060 B 4 Non - Conforming Use Expansion Adjoining Parcel
Summary of Requested Code Amendment:
The current language restricts the expansion onto an adjoining parcel only when that
parcel was of the same ownership at the time non - conformity occurred. This request
would allow expansion under the same criteria on an adjacentproperty whenever it is
purchased, regardless of ownerships status at the time of non- conformity.
Accordingly, Chapter J 9.20.060 B (4) would be amended as follows:
Existing:
4. A non - conforming use may be expanded only within the boundaries of the original lot
or tract and any adjacent lot or tract, that was under the same ownership as the lot or tract
at the time of the use on the original lot or tract became non - conforming if:
a) The expanded use does not degrade the transportation level of service greater
than the original use; and
b) The expanded use does not adversely affect or interfere with the use of
neighboring property; and
c) Any transfer of ownership or interest on adjacent lots or tracts was made
contemporaneously with the transfer of ownership of the lot or tract on which the non-
conforming use is located as part of the single transaction; and
d) The expansion does not create additional development opportunities on
adjacent tracts that would not otherwise exist.
Proposed:
4. A non - conforming use may be expanded only within the boundaries of the original lot
or tract and any adjacent lot or tract, if.
a) The expanded use does not degrade the transportation level of service greater
than the original use; and
b) The expanded use does not adversely affect or interfere with the use of
neighboring property; and
c) The expansion does not create additional development opportunities on
adjacent tracts that would not otherwise exist.
Reasons for Code amendment
The Code currently allows expansion onto adjacent property within criteria intended to
protect neighboring property owners and does not lessen the transportation level, what
difference does it make when that property was purchased?
Spokane County allows expansion of non - conforming uses by Conditional Use Permit
and has, since 1986 without regard to purchase or ownership date, presumably without
adverse consequences since it remains as a zoning provision to this date.
The City of Spokane allows non - conforming use expansion within the commercial and
industrial zones but not the more restrictive office and residential zones.
Liberty Lake does not allow expansion onto other property.
As stated above, there are a variety of ways to regulate non - conforming uses within this
region. Either it becomes extremely restrictive so as to force the use into extinction, or
the regulations become generous in their accommodating the use. Spokane Valley chose
the latter approach of being somewhat accommodating and yet has language that only
allows one kind of ownership pattern the opportunity to expand, that being the one where
the owner of the non - conforming use somehow, had the foresight to purchase an adjoing
parcel for his fixture expansion and that is discriminating at best. I believe it is the
legislative will of this city to loosen the shackles on non - conformity and allow it a fair
chance to survive, so long as it doesn't create an adverse impact upon roads and
surrounding land use.
Is the proposed amendment consistent with the applicable provisions of the
comprehensive plan ?:
To the extent that existing non - conforming use language is consistent with the
comprehensive plan, so is this. The amendment merely eliminates when you purchased
the adjoining property: To the extent that current language expansions are consistent, so
will these be.
Does the proposed amendment bear a substantial relation to the public health, safety,
welfare and protection of the environment?
Yes, the criteria for expansion requires adherence to the following criteria:
a) The expanded use does not degrade the transportation level of service greater
than the original use; and
b) The expanded use does not adversely affect or interfere with the use of
neighboring property; and
c) The expansion does not create additional development opportunities on
adjacent tracts that would not otherwise exist.
End ofsttpplement
COMMUNITY DEVELOPMENT DEPARTMENT
p ane PLANNING DIVISION
,,;oAFVa11ey
11707 E Sprague Ave Suite 106 Spokane Valley WA 99206
509.921.1000 Fax: 509.921.1008 cityhall @spokanevalley.org
DETERMINATION OF NONSIGNIFICANCE
File Number: CTA -04 -10
Description of proposal: A privately initiated text amendment proposing to amend Section 19.20.060 of the Spokane
Valley Municipal Code (SVMC) to allow the expansion of nonconforming uses onto adjoining parcels not under same
ownership at the time the use became nonconforming.
Proponent: Dwight J, Hume, 9101 N. Mt, View Lane, Spokane, WA 99218
Location of proposal: N/A
Lead Agency: City of Spokane Valley Community Development Department, Planning Division
Determination: Pursuant to Title 21 (Environmental Controls) of the Spokane Valley Municipal Code, the lead agency
has determined that this proposal does not have a probable significant adverse impact on the environment. An
Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). The threshold determination is
available to the public upon request.
DNS issued under WAC 197 -11 -355
Responsible Official: Staff Contact:
Kathy McClung, Community Development Director Scott Kuhta, AICP — Senior Planner
City of Spokane Valley Community Development City of Spokane Valley Community Development
Department Department
Valley Redwood Plaza, 11707 E. Sprague Avenue, Suite Valley Redwood Plaza, 11707 E. Sprague Avenue, Suite
106, Spokane Valley, WA 99206 106, Spokane Valley, WA 99206
PH: (509) 688 -0030 / FX: (509) 921 -1008 PH: (509) 688 -0045 / FX: (509) 921 -1008
kmcclung @spokanevalley.org mbasinger @spokanevalley.org
Date issued: June 18.2010 Signature:
APPEAL: An appeal of this determination must be submitted to the Community Development Department within fourteen
(14) calendar days after the date issued. The appeal must be written and make specific factual objections to the City's
threshold determination. Appeals shall be in conformance with Section 17.90 (Appeals) of the Spokane Valley Municipal
Code. At the time of appeal submittal, required fees are due pursuant to the City's adopted Fee Schedule. Pursuant to
WAC 197 -11 -680, appeals shall be limited to a review of a final threshold determination.
AGENCY ROUTING',
Central Valley School District No. 356
City of Liberty Lake, Community Development
City of Spokane, Planning Services
City of Spokane School District No. 81
East Valley School District No. 361
Spokane County, Boundary Review Board
Spokane County, Building and Planning
Spokane County, Division of Utilities - Information Services
Spokane County, Clean Air Agency
Spokane County, Fire District No. 1
Spokane County, Fire District No. 8
Spokane County, Fire District No. 9
Spokane County, Regional Health District
Spokane Transit Authority (STA)
Spokane Regional Transportation Council (SRTC)
Town of Millwood, Planning and Building
Washington State Department of Ecology (Olympia)
Washington State Department of Ecology (Spokane)
West Valley School District No. 363
Exhibit 4: Nonconforming Use Expansion
Comparison Chart
Expanding Nonconforming Use Provisions
Cheney
May not expand nonconforming use.
Clark County
Only within existing structure
Kennewick
No provision to expand nonconforming use.
May not expand use or structure. No additional structures.
Liberty Lake
May not move use to a portion of lot other than that occupied
by such use.
May not enlarge, relocate or rearrange nonconforming uses
Omak
unless CUP is granted by Hearing Examiner.
Post Falls
May not be expanded or extended in any way.
May not expand use in any way, even in building where use
Richland
occupies a portion of the building.
Spokane
Some allowance for expanding onto adjacent property not
under ownership, limited to some commercial /industrial zones
Expansion discouraged but is possible with CUP approved by
Spokane County
Hearing Examiner.
Vancouver
Cannot expand Use outside existing building
May expand noncoforming use one time not to exceed 20% of
floor area or land area which it occupied when use became
Walla Walla
nonconforming with CUP. Expansion of an enclosed
nonconforming use to land outside the building is not
permitted.
May expand nonconforming use outside of structure on existing
Yakima
lot w /admin approval if strict criteria are met.
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 6, 2010
City Manager Sign -off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
® information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Mayoral Appointments: Spokane County Housing & Community
Development Advisory Committee (HCDAC) Vacancy
GOVERNING LEGISLATION:
BACKGROUND:
Spokane County Community Services, Housing, and Community Development has
requested Spokane Valley representation on their Housing and Community Development
Advisory Committee. Spokane Valley has three (3) representatives on this committee
consisting of one (1) Councilmember and two (2) Spokane Valley citizens.
Spokane Valley citizen Rick Scott's term as an appointed member of the Committee has
expired. He has asked not to be reappointed.
Public Service Announcement for this committee vacancy is scheduled to advertise in the
July 2 and July 9 editions of the Valley News Herald. The deadline to receive applicant
information is 5:00 p.m. Thursday, July 15, 2010.
OPTIONS:
RECOMMENDED ACTION OR MOTION: N/A
BUDGET /FINANCIAL IMPACTS: N/A
STAFF CONTACT: Christine Bainbridge, City Clerk
ATTACHMENTS Spokane County term expiration notification letter
SPOT
CHRISTINE. BARADA
COMMUNITY SERVICES, HOUSING, AND COMMUNITY DEVELOPMENT
DIRECTOR
June 22, 2010
RECEIVED
JUN 2 4 2010
The Honorable Tom Towey
City of Spokane Valley
11707 East Sprague Ave. Ste 106
Spokane Valley, WA 99206
Dear Mayor Towey:
City of Spokane Valley.-
Rick Scott's term as an appointed member of the Spokane County Housing and Community Development
Advisory Committee has expired.
Please reappoint Mr. Scott, or appoint a new member to ensure that the City of Spokane Valley has full
participation in the. Community Development Block Grant (CDBG) and HOME Programs.
Please send a letter of appointment to the Board of Spokane County Commissioners by July 15, 2010.
I have also enclosed the application and supplemental forms for a new member to complete and include
with your appointment letter if you choose to appoint a new individual. Please also forward a copy of
your appointment letter and application form to our office.
Please call the Advisory Committee Secretary, Tami Landsiedel, at 477 -2588 if you have any questions.
Sincerely,
6 ), 6 , zz,
Christine Barada
Director
/ti
Enclosure
312 WEST 8 TH AVENUE • SPOKANE, WA 99204
PHONE: (509) 477 -5722 . FAX: (509) 477 -6827 . RELAY SERVICE OF WASHINGTON: 1- 800 -833 -6384 .
WWW.SPOKANE000NTY.ORG
Date: For Office Use Only
Dist. 1
Dist. 2
Dist. 3
SPOKANE COUNTY
BOARD / COMMISSION MEMBERSHIP APPLICATION
PLEASE RETURN TO: Spokane County Community Services, Housing, and Community
Development Department, Attn: Tami Landsiedel, 312 W. 8 Avenue, Spokane WA 99204
Position Applied For:
Applicant's Name:
Phone Number: (Home)
(Work)
Address:
City / State / Zip:
EMPLOYMENT HISTORY
Present Employer: From To
Duties / Responsibilities:
Previous Employer: From To
Duties / Responsibilities:
Previous Employer: From To
Duties / Responsibilities:
EDUCATIONAL BACKGROUND
Name of School Certificate/ Diploma/ Degree
High School
College
University
Other
COMMUNITY- RELATED ACTIVITIES (Please list)
SERVICE
Please list current and past position(s) held on City / County Boards, Committees, and /or
Commissions.
iiM Lf �: 5'K YoS+.f�p�+� W J
t Board / Commissionx y z
•,.s•.,S ?•SA•;�? Sd:h .L -. aa_assi:. h. v.'2d:.
P lr7a •�.L�'{' ,1 ��Yr`�' 4�� - h:.Yi35`:Art.`L..3}.
j� �k {?ub ®Years ofService
x..r,..r�a, lxt•, 3�d`x',i �k - .�:'s...,eS_._
3" '�}: '-� ' ? �'U` f4
��*
T�+di3.... ..,.
From:
To:
From:
To:
From:
To:
From:
To:
Please explain why you wish to be a member of this Board / Commission:
Applicant's Signature
113 :1741 wl
ADVANCE AGENDA
For Planning Discussion Purposes Only
as of July 1, 2010; 10:20 a.m.
Please note this is a work in progress; items are tentative
To: Council & Staff
From: City Clerk, by direction of Acting City Manager
Re: Draft Schedule for Upcoming Council Meetings
July 13, 2010, Special Meeting: Budget Retreat CenterPlace Classroom 212
9:00 a.m. to approx 4:00 p.m. [due date Mon, July 51
July 13, 2010 Formal Meeting Format, 6:00 p.m. [due date Mon, July 51
Proclamation: Parks & Recreation Month
1. Consent Agenda: Claims, Payroll, Minutes (5 minutes)
2. First Reading Proposed Ordinance Amending Comcast Franchise - Cary Driskell (20 minutes)
3. First Reading Proposed Ordinance, Panhandling - Cary Driskell (15 minutes)
4. Admin Report: CTA 03 -10 Code Text Amendment (Sprague /Appleway) - Christina Janssen (15 minutes)
5. Mixed Avenue Report Back to Council - Scott Kuhta (45 minutes)
6. Admin Report: Subarea Plan (SARP) Check -in - Kathy McClung (15 minutes)
7. Admin Report: Advance Agenda (5 minutes)
8. Info Only: Transportation Improvement Board Call for Projects
9. Info Only: Street Superintendant Position - John Whitehead
10. Info Only: Establishment of Construction Inspector/Mechanic Position - John Whitehead
[*estimated meeting: 120 minutes]
July 20, 2010, Study Session Format, 6:00 p.m. [due date Mon, July 12]
ACTION ITEM:
1. Mayoral Appointment to SC Housing & Community Development Committee - Mayor Towey (5 minutes)
2. First Reading Proposed Ordinance Amending CTR Plan - Driskell (15 minutes)
NON - ACTION ITEMS:
3. Bike Helmets - Marion Lee - Spokane County Health Dept (confirmed (15 minutes)
4. Transportation Improvement Board Call for Projects - Steve Worley (20 minutes)
5. Street Preservation Program - Steve Worley (30 minutes)
6. Subarea Plan (SARP) Zone Discussion: Neighborhood Ctrs - Mike Basinger (30 minutes)
7. CTA -04 -10 Code Text Amendment, Exp. of Nonconforming Uses onto Adj. Properties- S Kuhta (20 min)
8. Street Superintendant Position - John Whitehead (10 minutes)
9. Establishment of Construction Inspector/Mechanic Position - John Whitehead (10 minutes)
10. Legislative Agenda - Mike Jackson (20 minutes)
11. Advance Agenda (5 minutes)
12. Info Only: Department Reports [ *estimated meeting: 180 minutes]
July 27, 2010, Formal Meeting Format 6:00 p.m. [due date Mon, July 19]
1. Consent Agenda: Claims, Payroll, Minutes (5 minutes)
2. Second Reading Proposed Ordinance Amending Comcast Franchise - Driskell (20 minutes)
3. Second Reading Proposed Ordinance, Panhandling - Driskell (15 minutes)
4. Second Reading Proposed Ordinance Amending CTR Plan - Driskell (15 minutes)
5. First Reading Proposed Ordinance, CTA 03 -10 Code text Amendment (Sprague /Appleway)
- Christina Janssen (15 minutes)
6. Proposed Resolution Amending Street Superintendant Position - Whitehead (10 minutes)
7. Proposed Resolution Creating Construction Inspector/Mechanic Position - Whitehead (10 minutes)
8. Motion Consideration: SRTC (Spokane Regional Transportation Council) Interlocal - M.Connelly (10 min).
9. Motion Consideration: Transportation Improvement Board Call for Projects - Steve Worley (10 minutes)
10. Advance Agenda (5 minutes)
Draft Advance Agenda 7/1/2010 10:41:48 AM Page 1 of 3
2. First Reading Ordinance to adopt 2011 Budget — Ken Thompson
3. Subarea Plan (SARP) Zone Comm. Blvd — Lori Barlow
4. Info Only: Department Reports
October 5, 2010, Study Session Format, 6:00 p.m.
1. Advance Agenda
October 12, 2010 Formal Meeting Format, 6:00 p.m.
1. Consent Agenda (Claims, minutes, payroll)
2. Second Reading Ordinance to adopt 2011 Budget — Ken Thompson
3. Admin Report: Fee Resolution Proposed Changes — Mike Jackson
4. Advance Agenda
October 19, 2010, Study Session Format, 6:00 p.m.
1. SARP Report to Council — Kathy McClung
2. Advance Agenda
October 26, 2010, Formal Meetine Format, 6:00 p.m.
1. Consent Agenda (Claims, minutes, payroll)
2. Proposed Resolution Amending Fee Resolution — Mike Jackson
3. Advance Agenda
4. Info Only: Department Reports
Affordable Housing Participation
Alternative Analysis (contracts)
Area Agency on Aging
Bidding Contracts (SVMC 3. — bidding exceptions)
Broadcasting
Capital Projects Funding
Cattlemen
Clean Air Agency
Code Amendments (Kathy McClung)
Concurrency
Contract Ordinance Amendment
East Gateway Monument Structure #
Hotel/Motel Grant Proposals for 2011 (Nov 20 10)
Industrial Pre - treatment Interlocal w /City of Spokane
Jail Update
Law Enforcement Interlocal
Mayoral Appointments (Dec 20 10)
Milwaukee Right -of -way ■
Overweight/over size vehicle ordinance
Paving Options
Planned Action Ordinance
Planning Commission Mayoral Apptmnts (Dec 20 10)
Shoreline Master Program "Inventory & Charac.Rpf
Solid Waste Amended Interlocal
Speed Limits
Sprague Appleway Corridor Environ. Assessment
Sprague Avenue: One -way vs. Two -way
Street Maintenance Facility
(15 minutes)
(45 minutes)
[*estimated meeting: 65 minutes]
[due date Mon, Sept 27]
(5 minutes)
[ *estimated meeting: minutes]
jdue date Mon Oct 41
(5 minutes)
(15 minutes)
(15 minutes)
(5 minutes)
[ *estimated meeting: 40 minutes]
[due date Mon, Oct 11]
(45 minutes)
[ *estimated meeting: minutes]
[due date Mon, Oct 18]
(15 minutes)
[ *estimated meeting: minutes]
Transportation Benefit District Interlocal
Transportation Benefit District: (a). Establish ord.;
(b) set public hearing; (c) draft resolution; (d) ballot
language
Transportation Impacts
WIRA, Water Protection Commitment, public
education
■ = request for Council's early consideration
# = Awaiting action by others
* = doesn't include time for public or council
comments
Draft Advance Agenda 7/1/2010 10:41:48 AM Page 3 of 3
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 6, 2010 City Manager Sign -off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation ® executive session
AGENDA ITEM TITLE: EXECUTIVE SESSION: To Evaluate the Qualifications of Applicants
for Public Employment
GOVERNING LEGISLATION: RCW 42.30.11 0(l)(9)
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
OPTIONS:
RECOMMENDED ACTION OR MOTION: Move to adjourn into executive session for
approximately minutes to evaluate the qualifications of applicants for public
employment and that no action is anticipated thereafter.
BUDGET /FINANCIAL IMPACTS:
STAFF CONTACT:
ATTACHMENTS:
Draft Interlocal
By
Todd Mielke
February 26, 2010
FSTERLOCAL AGREEMENT FOR ESTABLISHMENT
OF
COUNTYWIDE TRANSPORTATION BENEFIT DISTRICT
AS PROVIDED FOR IN CHAPTER 36.73 RCW
THIS INTERLOCAL AGREEMENT is made by and among Spokane County, a political
subdivision of the Washington State, having offices for the transaction of business at West 1116
Broadway Avenue, Spokane, Washington 99201, hereinafter referred to as "County," the City of
Spokane, a municipal corporation of the State of Washington, having offices for the transaction of
business at 808 West Spokane Falls Boulevard, Spokane, Washington 99201, hereinafter referred to as
the "SPOKANE," the City of Spokane Valley, a municipal corporation of the State of Washington,
having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue,
Suite 106, Spokane Valley, Washington 99206, hereinafter referred to as "SPOKANE VALLEY," City of
Medical Lake, a municipal corporation of the State of Washington, having offices for the transaction of
business at 124 S. Lefevre P.O. Box 130, 99019, hereinafter referred to as "MEDICAL LAKE," the City
of Cheney, a municipal corporation of the State of Washington, having offices for the transaction of
business at General Office, 609 Second, 99004, hereinafter referred to as "CHENEY," the City of
Liberty Lake, a municipal corporation of the State of Washington, having offices for the transaction of
business at City Hall, c/o P.O. Box 370, 99019, hereinafter referred to as "LIBERTY LAKE ", the City of
Airway Heights, a municipal corporation of the State of Washington, having offices for the transaction of
business at City Hall, 1208 South Lundstrom, c/o P.O. Box 969, 99001, hereinafter referred to as
"AIRWAY HEIGHTS," the City of Deer Park, a municipal corporation of the State of Washington,
having offices for the transaction of business at City Hall, 316 Crawford Avenue, c/o Box F, 99006,
hereinafter referred to as "DEER PARK", the Town of Millwood, a municipal corporation of the State of
Washington, having offices for the transaction of business at 9103 East Fredrick, 99206, hereinafter
referred to 'T4I LWOOD ", the Town of Rockford, a municipal corporation of the State of Washington,
having offices for the transaction of business as 20 West Emma, c/o P.O. Box 49, Rockford, Washington
99030, hereinafter referred to as "ROCKFORD ", the Town of Spangle, a municipal corporation of the
State of Washington, having offices for the transaction of business at 115 West Second Street, c/o P.O.
Box 147, Spangle, Washington 99031, hereinafter referred to as "SPANGLE ", the Town of Fairfield, a
municipal corporation of the State of Washington, having offices for the transaction of business at 218
East Main Street, c/o P.O. Box 334, Fairfield, Washington 99012, hereinafter referred to as
"FAIRFIELD ", Town of Latah, a municipal corporation of the State of Washington, having offices for
the transaction of business at 108 E. Market, Latah, Washington 99018, hereinafter referred to as
"LATAIT', and the Town of Waverly, a municipal corporation of the State of Washington, having
offices for the transaction of business at 255 N. Commercial, Waverly, Washington, 99039, hereinafter
referred to as "WAVERLY", jointly hereinafter referred to along as the "PARTIES."
WITNESSETH:
WHEREAS, Spokane County and jurisdictions located within Spokane County acknowledge that
providing transportation infrastructure is one of the primary functions of local government and that
current revenues for maintaining the existing transportation infrastructure are not keeping pace with the
costs of such maintenance; and
Page 1 of 9 (DRAFTED BY TODD NIIELKE, February 26, 2010 VERSION)