HomeMy WebLinkAbout2005, 07-07 SHP-16-05 Notice of Decision,\..,
Stiokane
,,,Valley
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
STAFF REPORT AND NOTICE OF DECISION
FILE No.: SHP-16-05
STAFF REPORT DATE: JULY 7, 2005
DATE DECISION MAILED: JULY 12, 2005
PROPOSAL DESCRIPTION: SHP-16-05 — Request for preliminary short plat approval to subdivide
approximately .55 acres into two (2) residential lots.
PROPOSAL LOCATION: Parcel No. 45211.2020, also known as 621 S. Bowdish, located in the
northeast quarter of Section 21, Township 25 North, Range 44 East, Willamette Meridian, Spokane
County Washington.
OWNER / APPLICANT: Ken Tupper, 122 N. Raymond Ct., Ste. #3, Spokane Valley, WA 99206
APPROVAL CRITERIA: Section 12.300 (Short Subdivisions) of the City of Spokane Valley Interim
Subdivision Ordinance; Section 11.10.180 (Adoption by Reference) of the Spokane Environmental
Ordinance (Ordinance No. 48) and WAC 197-11-800 (Categorical Exemptions); Section 14.616
(Urban Residential -3.5) of the City of Spokane Valley Interim Zoning Code; Ordinance No. 32 (City
of Spokane Valley Interim Stormwater Management Guidelines); Ordinance No. 33 (City of Spokane
Valley Interim Standards for Road and Sewer Construction); Ordinance No. 59 (City of Spokane
Valley Interim Shorelines Management Program); Ordinance Nos. 49 and 50 (City of Spokane
Valley Interim Critical Areas Ordinance); and, Ordinance No. 51 (City of Spokane Valley Interim
Flood Damage Protection Ordinance)
SUMMARY OF DECISION: The Planning Division after review and consideration of the submitted
application and applicable approval criteria APPROVES SHP-16-05 subject to compliance with
the conditions of approval specified herein.
STAFF PLANNER: Heather Kauer, Planning Technician, Community Development Department
REVIEWED BY: Greg McCormick, Planning Division Manager, Community Development Department
ATTACHMENTS:
Exhibit 1: Vicinity Map
Exhibit 2: Preliminary Short Plat Application Submittal
Exhibit 3: Determination of Completeness
Exhibit 4: Notice of Application
Exhibit 5: Agency Comments
Staff Report and Notice of Decision for SHP-16-05
July 7, 2005
Page 1 of 9
BACKGROUND INFORMATION
PROPERTY INFORMATION:
Size and Characteristics:
The subject property is approximately 24,000 square feet or
.55 acres in size. Current site vegetative cover consists of
trees, grass and shrubs.
Existing Comprehensive Plan
Designation:
Low Density Residential (LDR)
Existing Zoning:
Urban Residential -3.5 (UR -3.5)
Existing Land Use:
Residential / Storage
IL FINDINGS
A. COMPLIANCE WITH THE STATE ENVIRONMENTAL POLICY ACT (SEPA):
The Planning Division has reviewed the proposed project and has determined that the project is
categorically exempt pursuant to WAC 197-11-800 and Section 11.10.070.1 of the City of Spokane
Valley Interim Environmental Ordinance from environmental review under the provisions of the State
Environmental Policy Act (SEPA).
B. COMPLIANCE 1N1TH THE INTERIM SUB DIVISION ORDINANCE:
The Planning Division has reviewed the proposed short plat for conformity with applicable standards
of the Interim Spokane Valley Subdivision Ordinance Chapter 12.300 staff find that the public interest
will be served by the proposed short plat.
C. COMPLIANCE WITH SECTION IV.F (WATER AND SEWER CONCURRENCY INSIDE URBAN GROWTH
BOUNDARY) OF THE ADOPTED PHASE 1 DEVELOPMENT REGULATIONS
Section IV.F (Water and Sewer Concurrency Inside Urban Growth Area) specifies that new
development shall not be approved unless the proposal can demonstrate the availability of public
sewer and water services. New development must 1) be connected to a live (fully operational)
public sewer at time of occupancy, or 2) be located within the Spokane County Six -Year Capital
Improvement Program area. The proposal consists of a preliminary short plat request therefore
qualifying as new development. A completed Certificate of Water Availability from Modern Electric
Water Company dated May 20, 2005 was submitted that indicates that the proposed project is
consistent with the water purveyor's DOH approved water system plan, and the water system has a
current Washington Department of Health Operating permit, allowing the number of new taps or
water requested. A completed Certificate of Sewer Availability from Spokane County Division of
Utilities dated May 20, 2005 indicates that sewer is currently available to the site, with service
connections provided as required, to serve the proposed development. Staff finds that the proposal
meets the concurrency requirements of Section IV.F.
D. COMPLIANCE WITH SECTION 14.616 (URBAN RESIDENTIAL -3.5) OF THE INTERIM ZONING CODE
The proposed preliminary short plat location is zoned UR -3.5 and subject to the lot development
standards and other applicable standards specified in Chapter 14.616 (Urban Residential -3.5) of the
City's Interim Zoning Code. The property is currently vacant. The proposal is to divide the property
into two (2) residential lots.
Staff Report and Notice of Decision for SHP-16-05
July 7, 2005
Page 2 of 9
As currently proposed, the two (2) lots generally comply with applicable standards in Chapter
14.616. Where appropriate, conditions of approval have been established to insure consistency with
this Chapter.
E. COMPLIANCE WITH THE INTERIM SHORELINE MANAGEMENT PROGRAM, INTERIM CRITICAL AREAS
ORDINANCE & INTERIM FLOOD DAMAGE PROTECTION ORDINANCE:
Section 3.20.350 (Subdivision and Other Proposed Developments) specifies criteria for the platting of
land within identified areas of special flood hazard. RCW 58.17.120 specifies that no plat shall be
approved by any city, town, or county legislative authority covering any land situated in a flood control
zone as provided in RCW 86.16 without the prior written approval of the Department of Ecology of the
State of Washington. Pursuant to Community Panel No. 530174 0315 C of the Federal Insurance
Rate Maps for Spokane County, Washington (Map Revised: September 30, 1992), the subject
property is located within a designated area of special flood hazard.
III. PUBLIC COMMENTS
Findings:
No written public comments were submitted in response to the Notice of Application issued on June
24, 2005.
IV. AGENCY COMMENTS
Findings:
Agency comments are attached as exhibits to the staff report and recommendation. The following
agencies submitted written comments for the proposal:
1. Spokane Valley Public Works Department — Development Engineering Division
2. Spokane Valley Community Development Department — Building Division
3. Spokane Regional Health District
4. Spokane County Division of Utilities
5. Spokane Valley Fire Department
6. Spokane County Air Pollution Control Authority
7. Avista
8. Spokane Valley Fire Department
Where appropriate, conditions of approval recommended by commenting agencies that are
applicable to the proposal are incorporated herein.
V. CONCLUSION
Staff concludes that SHP-16-05 as proposed is generally consistent or can be made consistent
through the application of conditions of approval with the approval criteria stated herein.
VL DECISION
The Planning Division has reviewed the submitted application's conformity to applicable City
regulations and standards for the short platting of land within the City, as specified herein, and has
decided to APPROVE SHP-16-05 subject to compliance with the following conditions of
approval:
Staff Report and Notice of Decision for SHP-16-05
July 7, 2005
Page 3 of 9
A. General
The following are general conditions of approval that apply to SHP-16-05:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT — PLANNING DIVISION:
1. Pursuant to Section 12.100.116 (Expiration of Approval), the preliminary short plat approval for
SHP-16-05 shall automatically expire five (5) years after preliminary approval is granted unless
a time extension is approved for the project. If a request for an extension of time is not
submitted and approved, the preliminary approval expires and the short plat is null and void.
The expiration date for SHP-16-05 is therefore July 7, 2010.
2. Submit a final short plat containing the following note on the face of the plat: "All lots within this
plat shall comply with the building setback requirements, maximum building height standard,
maximum lot coverage standard and other applicable lot development standards for the current
zoning district or successor zoning designation in effect at the time of building permit
application."
B. Prior to final short plat approval, the applicant shall:
3. The final plat map shall comply with all standards specified in Chapter 12.300 (Short
Subdivision) for the City of Spokane Valley Interim Subdivision Ordinance.
4. At time of final plat application, a "Water Purveyor Statement of Acceptance" form from
Consolidated Water District shall be submitted to indicate all requirements of the water district
have been satisfied.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT — BUILDING DIVISION:
5. Fire hydrants shall be placed on the corners of intersections and spaced no further than 600
feet apart. If intersections are greater than 600 feet apart a fire hydrant shall be located on
adjoining property lines within the border easement. Fire flow shall be 1000 gpm minimum to
serve 1 and 2 family structures up to 3600 sq. ft.
6. Private drive easements shall only serve three (3) or fewer lots each and comply with private
drive standards.
7. Provide copies of recorded private easements prior to finalization of short plat.
8. A demolition permit must be taken out for the removal of structures.
9. Any Grading associated with subdivision development, including the creation of Private Roads,
is considered Engineered Grading. An Engineered Grading Permit is required. This activity
must follow the regulations found in Spokane Valley Municipal Code (SVMC) Chapter
10.15.120 Residential Subdivision Grading.
10. Plans for Residential Subdivision Grading shall contain the following details in addition to the
general information required under SVMC 10.15.110
Staff Report and Notice of Decision for SHP-16-05
July 7, 2005
Page 4 of 9
• Details of subdivision construction to mitigate the effects of storm water and irrigation run off
for all lots and areas of the subdivision. Specific site construction requirements to mitigate
collection of water in crawlspaces and basements shall be provided.
• Final location of all grading construction spoils. If spoils are placed on building lots, the
surface overburden, i.e. topsoil and any underlying soils not conforming to the project
requirements of the lots shall be removed prior to the placement of any other fill. If lots are
comprised of fill materials more than two fee in depth, the compacted fill materials below two
fee in depth from finished grade shall have a minimum allowable bearing capacity of 1500
pounds per square fort. In addition, if the foundation is placed on fill materials, a foundation
analysis and design, prepared by a licenses Washington engineer, shall be required to be
submitted with any subsequent Spokane Valley Building Permit Application.
• Maximum and minimum elevations for all basement and crawl space floors. Maximum and
minimum elevations for the top of foundation walls. Maximum elevation for lot/property
boundary lines to provide positive drainage from building sites.
• Requirements for swales or drainage devices to manage storm water and landscape
irrigation runoff.
11. Reports to conclude this activity must comply with SVMC Article II, Subsection 10.15.210
Completion of Work. The Spokane Valley Municipal Code is available on our website,
www.spokanevallev.orq.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT — DEVELOPMENT ENGINEERING DIVISION:
Public Works has reviewed the above mentioned project. The following conditions shall be
included in the Conditions of Approval.
12. A Professional Engineer, licensed in the State of Washington, may be required to submit final
street and drainage plans and a drainage report including calculations that conform to the 2001
Edition of the Spokane County Standards for Road and Sewer Construction, the 1998 Spokane
County Guidelines for Stormwater Management (both adopted by the City of Spokane Valley),
and all other Federal, State, and Local regulations.
13. Bowdish Road is designated as a Minor Arterial. Their current right-of-way from centerline is
20'. A right-of-way dedication of 6.5' is required. A Border Easement of 13' is also required.
This shall be designated on the final plat map.
14. Frontage improvements are required on Bowdish Road for this project. These include street
widening, curb & gutter, planting strip, and sidewalk.
15. To construct the street improvements stated above, the applicant may, with the approval of the
Director of Public Works, join in and be a willing participant in any petition or resolution which
purpose is the format of a Local Improvement District (LID) for said improvements pursuant to
RCW 35.43, as amended. At such time as a LID is created or any Street Improvement Project
is sanctioned by Spokane Valley, the improvements required will be at the sole expense of the
undersigned owner, their heirs, grantees and assigns. This provision is applicable to Bowdish
Road which provides access to the site.
16. As an alternative method of constructing the street improvements stated above, the applicant
may, with the approval of the Public Works Director, accomplish the street improvements by
joining and participating in a City Street Project (CSP) to the extent of the required street
improvement. At such time as an LID is created or any Street Improvement Project is
sanctioned by Spokane Valley, the improvements required will be at the sole expense of the
Staff Report and Notice of Decision for SHP-16-05
July 7, 2005
Page 5 of 9
undersigned owner, their heirs, grantees and assigns. This provision is applicable to Bowdish
Road which provide access to the proposed site.
17. If the newly created lots are used for commercial use or any use other than single family
residential, full improvements to Bowdish Road are required.
18. Show any utility easements on the final plat (i.e. Telephone, power, etc.). The permittee is
responsible for arranging for all necessary utility adjustments, relocations, or improvements as
required for completion of the project. The developer needs to contact the purveyors of each
affected utility regarding private service, utility improvement, and any relocation and adjustment
costs. All rigid objects shall be located out of the clear zone. These clear zone requirements
can be found in the 2001 Spokane County Road and Sewer Standards, or as amended.
19. Permits are required for any access to or work within the right-of-way of the Spokane Valley
roadway system.
20. A Temporary Erosion and Sedimentations Control (TESC) plan, prepared by a Washington
State licensed Professional Engineer, shall be prepared and submitted with the site
construction plans. The TESC plan is to follow 1998 Spokane County Guidelines for
Stormwater Management, The TESC structures (such as silt ponds, silt traps) are to be
installed prior to the start of site work, and the TESC measures are to be implemented and
maintained throughout the duration of construction and until the site has stabilized.
21. The permittee is responsible for arranging for all necessary utility adjustments, relocations, or
improvements as required for completion of the project. The developer needs to contact the
purveyors of each affected utility regarding private service, utility improvement, and any
relocation and adjustment costs. All rigid objects shall be located out of the clear zone. These
clear zone requirements can be found in the Spokane County Road and Sewer Standards.
22. Driveway approach design shall follow the 2001 Spokane County Road and Sewer Standards,
or as amended.
23. Final Plat language will be determined at the time of final plat submittal. Please contact the City
of Spokane Valley Public Works department for appropriate language.
SPOKANE REGIONAL HEALTH DISTRICT:
24. The final plat shall be designed as indicated on the preliminary plat of record and/or any
attached sheets as noted.
25. Appropriate utility easements shall be indicated on copies of the preliminary plat of record for
distribution by the Planning Department to the utility companies, City of Spokane Valley Public
Works Department, and the Spokane Regional Health District. Written approval of the
easements by the utility companies shall be received prior to the submittal of the final plat.
26. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County.
27. Water service shall be coordinated through the Director of Utilities, Spokane County.
28. Water service shall be by an existing public water supply when approved by the Regional
Engineer (Spokane), State Department of Health.
29. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the Spokane
Staff Report and Notice of Decision for SHP-16-05
July 7, 2005
Page 6 of 9
Regional Health District that an adequate and potable water supply is available to each tract of
the plat.
30. Prior to filing the final plat, the sponsor shall present evidence that the plat Hies within the
recorded service area of the water system proposed to serve the plat.
31. A public sewer system will be made available for the plat and individual service will be provided
to each lot prior to sale. Use of individual on-site sewage disposal systems shall not be
authorized.
32. A statement shall be placed in the dedication to the effect that: "A public sewer system will be
made available for the plat and individual service will be provided to each lot prior to sale. Use
of individual on-site sewage disposal systems shall not be authorized."
33. The dedicatory language on the plat shall state: "Use of private wells and water systems is
prohibited."
34. The final plat dedication shall contain the following statement: "The public water system,
pursuant to the Water Plan approved by county and state health authorities, the local fire
protection district, City of Spokane Valley Building Department and water purveyor, shall be
installed within this subdivision and the applicant shall provide for individual domestic water
service as well as fire protection to each tract prior to sale of each tract and prior to issuance of
a building permit for each tract."
SPOKANE COUNTY DIVISION OF UTILITIES:
35. As per the development regulations/zoning code of the governing authority as amended, the
dedication shall state: Public sewers shall be constructed to provide for the connection of each
parcel to the County's system of sewerage. Uses on properties within the project shall be
required to connect to the sewer and pay applicable charges per the County Sewer Ordinance.
Sewer connection permits shall be required.
41. Applicant shall submit expressly to Spokane County Division of Utilities "under separate
cover", only those plan sheets showing sewer plans and specifications for the public
sewer connections and facilities for review and approval. Commercial developments
shall submit historical and or estimated water usage as part of the sewer plan
submittal.
42. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization of
the project.
43. Any water service for this project shall be provided in accordance with the Coordinated Water
System Plan for Spokane County, as amended.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY
44. Dust emissions during demolition, construction and excavation projects must be controlled. This
may require the use of water sprays, tarps, sprinklers, or suspension of activity during certain
weather conditions.
Staff Report and Notice of Decision for SHP-16-05
July 7, 2005
Page 7 of 9
45. Measures must be taken to avoid the deposition of dirt and mud from unpaved surfaces onto
paved surfaces. If tracking or spills occur on paved surfaces, measures must be taken
immediately to clean these surfaces.
46. Debris generated as a result from this project must be disposed of by means other than
burning.
47, SCAPCA strongly recommends that all traveled surfaces (i.e. ingress, egress, parking areas,
access roads, etc.) be paved and kept clean to minimize dust emissions.
48. If objectionable odors result from this project, effective control apparatus and measures must
be taken to reduce odors to a minimum.
49. Special attention should be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspected carcinogen.
50. A Notice of Construction and Application for Approval is required to be submitted and approved
by SCAPCA prior to the construction, installation, or establishment of an air pollution source.
This includes emergency generators rated at 500 hp (375kVV) or higher, natural gas heating
equipment units rate at 4 MMBTU/hr or higher (input), and heating equipment units fired with
other fuels (e.g. diesel) rated at 1 MMBTU/hr (input) or higher. Contact SCAPCA for a Notice of
Construction application.
51. A Notice of Intent must be submitted to SCAPCA prior to any demolition project or asbestos
project. An asbestos survey must be done by an AHERA accredited building inspector prior to
the demolition or renovation of buildings to determine if asbestos -containing material is present
at the site. Contact SCAPCA for a Notice of Intent application.
AVISTA
52. Add a 10 foot wide easement strip along, adjacent, and adjoining the East boundary line of
Bowdish Road.
SPOKANE VALLEY FIRE DEPARTMENT
53. Driveways over 150' require an apparatus turnaround.
54. The access and hydrant location is adequate as drawn.
VII. APPEAL OF DECISION
Pursuant to Section 13.900 (Appeals) of the City's adopted "Application Review Procedures for
Project Permits", a written appeal of the Staff Report and Notice of Decision shall be filed with the City
of Spokane Valley Community Development Department within fourteen (14) calendar days after the
date the notice of the decision is mailed. The appeal deadline is at 5:00 pm on July 21, 2005.
Pursuant to Section 13.900.110 (Contents), an appeal shall contain all of the following information:
1. The file number designated by the review authority and the name of the applicant.
Staff Report and Notice of Decision for SHP-16-05
July 7, 2005
Page 8 of 9
2. The name, address and signature of the appellant and a statement regarding the legal
standing of the appellant to appeal. If multiple parties file a single appeal, they shall designate
one part as the representative for all contact with the review authority.
3. The specific aspect (s) of the permit decision and/or SEPA issue being appealed, the reasons
why each aspect is in error as a matter of fact or law, and the evidence relied upon to support
allegations of error.
4. All statutory requirements for appeals of land use decisions of land use decisions, including
land use petitions filed in superior court pursuant to RCW 36.70C shall be complied with.
5. Any required appeal fees. Pursuant to the currently adopted Fee Schedule, the current fee for
an appeal of an administrative decision is $1,000.00. Please note that that this fee may be
changed by City Council adoption of an ordinance updating the Fee Schedule.
Pursuant to Section 7 of Ordinance No. 57, the Hearings Examiner shall conduct a public hearing on
appeals of administrative decisions made by the Current Planning Division. Pursuant to Section 11 of
Ordinance 03-081, the Hearings Examiner's decision on the appeal shall be final and conclusive and
shall have the effect of a final decision of the City Council.
Standing to appeal a decision shall be determined in accordance with the provisions of Section
13.900.102 (General).
Staff Report and Notice of Decision for SHP-16-05
July 7, 2005
Page 9 of 9
VICINITY MAP
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Date: July 13, 2005
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
ROUTING MEMORANDUM
To: City of Spokane Valley Engineering Department - Sandra Raskell
City of Spokane Valley Building Department — Dawn Dompier
Spokane County Division of Utilities - Information Services; Jim Red
Spokane Valley Fire Department (Fire District No. 1) — Bill Clifford
Spokane Regional Health District — Don Copley
Spokane County Air Pollution Control Authority
Avista — Claude Kaler
Qwest — Kelly Lackner
Ken Tupper — Applicant
USKH
From: Heather Kauer, Planning Technician
11707 East Sprague Avenue, Suite 106
Spokane Valley, WA 99206
PH: 509-688-0046
FX: 509-688-0037
E-MAIL: hkauer@spoka.nevalley.org
SUBJECT: Staff Report and Notice of Decision for SHP-16-05
11707 E. Sprague • Suite 106 • Spokane Valley, WA • 99206 • (509) 921-1000 • Fax (509) 921-1008