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2002, 09-26 Buffer Reduction RequestA DIVISION OF THE PUBLIC WORKS DEPARTMENT DIVISION OF PLANNING CAR -36-02 SPOKANE COUNTY CRITICAL AREAS ORDINANCE 11.20.060(C.)(2.)(L) Riparian Habitat 25% BUFFER REDUCTION TO: Douglas J. Rider 11516 E. Mission Ave. Spokane, WA 99206 FROM: Bill Moser, Senior Planner DATE: September 26, 2002 (509) 926-0159 SUBJECT: Request for "25% Buffer Width Reduction" pursuant to Section 11.20.060(C.)(2.)(f)(ii) of the Spokane County Critical Areas Ordinance. LOCATION: The property is located south of and adjacent to Buckeye Avenue and north of and adjacent to the Spokane River in the NW1/4 of Section 8, Township 25 N, Range 45 EWM in Spokane County, Washington. The parcel address is E. 19410 Buckeye, Spokane, WA. The tax parcel number is 55082.0147. Year: 12002 Roll: Parcel Found Parcel: 550132.0147 Owner: BAXTER, CHADWICK Cog wner: Owner Address 130 E HIGH DR SPOKANE WA 99203-2757 USA Site Address 0 VACANT LAND SPOKANE Legal D r p ion 0B-25-45 TR C SP93-07 BEING A PTN OF EE ft 2 IN THE NW1/4 MAIL STOP PWK-1 • 1116 W. BROADWAY AVENUE • SPOKANE, WASHINGTON 99260-0220 PHONE: (509) 477-7200 • FAX: (509) 477-2243 • TDD: (509) 477-7133 CAR -36-02 Page 2 PROPOSAL: Reduce the required 250 -foot riparian habitat buffer area along the Spokane River by 25% or less to accommodate a proposed single-family dwelling and yard. The single- family dwelling would be located approximately 220 feet from the river with the proposed yard no closer than 200 feet from the ordinary high water mark. The drainfield is proposed to be located beyond the 250 -foot buffer. Currently the land has very little native vegetation and has been in agricultural production. The applicant has proposed a buffer enhancement plan to include plantings located between the proposed dwelling and the Spokane River. AUTHORITY: Section 11.20.060(C.)(2.)(f) of the Spokane County Critical Areas Ordinance allows the Division of Planning to reduce the standard habitat buffer area by 25%, provided the buffer area is enhanced with native vegetation. CONCLUSION: The proposal qualifies for buffer reduction as follows: (1) The applicant has submitted a vegetation enhancement plan that has been approved by the Spokane County Soil Conservation District/ (2) A three-year monitoring program to ensure 80% survival of the new plantings, and replacement if necessary, is a condition of approval. DECISION: The above proposal is determined to comply with the provisions of Section 11.20.060(C.)(2.)(f.) of the Spokane County Critical Areas Ordinance with the following conditions of approval: CONDITIONS OF APPROVAL AND COMMENTS: 1. This administrative determination shall apply to the subject property and will transfer to future owners, heirs or any successor in interest to the property subject to the conditions of approval herein. However, this approval is limited to only the proposed uses as specified and as conditioned. See the attached site plan, which identifies the limit of intrusion into the 250 - foot riparian habitat buffer area. This decision shall be given to any NEW property owner. 2. All Spokane County development standards, as amended, must be complied with when developing this residential lot, such as but not limited to the Spokane County Zoning Code. ONLY THE BUFFER SETBACK STANDARDS OF THE CRITICAL AREAS ORDINANCE ARE BEING GRANTED A 25% REDUCTION; THEREFORE, THIS WRITTEN DETERMINATION DOES NOT GUARANTEE DEVELOPMENT APPROVAL FROM OTHER DEPARTMENTS OR AGENCIES NOR GUARANTEE COMPLIANCE WITH OTHER ORDINANCES OR OTHER DEVELOPMENT STANDARDS. Prior to starting work on your project, you are advised to contact other agencies to determine if any other regulations or permits apply to this project. The list below includes some agencies to consider: 1. Spokane County Division of Building and Code Enforcement — grading permit, building permit, sediment erosion control or timber harvest 2. Spokane County Division of Planning — land use regulations/setbacks/conditions of approval, division of land or critical areas (wetlands, habitat and geo-hazard areas) 3. Spokane County Division of Engineering and Roads — road design regulations, road access permit or 100 year flood plain permit 4. Spokane County Division of Utilities — stormwater regulations or sewer connections 5. Spokane Regional Health District — septic tank and drainfield permits 6. Local Fire Department — emergency access regulations 7. Washington Department of Ecology — water rights permit or wetland/water quality permit CAR -36-02 Page 3 8. Washington Department of Fish & Wildlife — critical habitat or endangered species 9. Washington Department of Natural Resources — timber harvest permit 10. U. S. Corp. of Engineers — dredging or in -water structure permit and wetlands 11. Your local utility companies — water, electrical power, natural gas, telephone or cable 12. Others — ask any of the above if they are aware of any other regulation or permits that apply to your project before starting construction work. 3. Except as otherwise allowed by the Critical Areas Ordinance, the "enhanced area" shall be maintained with living native vegetation as specified in the September 1, 2002 Site Plan. An 80% plant survival rate of the enhancement plantings shall be maintained over a 3 -year period after planting. Temporary irrigation may be required to help establish the native plantings. The Division of Planning may conduct a site investigation or request verification regarding the vegetation survival rate after 3 years. 4. The remaining 200 -foot Riparian Habitat buffer area shall be retained as wildlife habitat and cannot be developed or used, except as allowed pursuant the Spokane County Critical Areas Ordinance. 7 Bill Moser, Senior Planner Date C: John Pederson, Planning Supervisor Douglas J. Rider 11516 E. Mission Ave. Spokane, Wash. 99206-4883 509-926-0159 September 1, 2002 To: Bill Moser Spokane County Division of Building and Planning 1026 W. Broadway Spokane, WA. 99260-0220 509-477-7154 Request for 20% Buffer Width Reduction 11.20.060 C. 2. F. ii Mr. Moser, I am requesting a 50 -foot reduction in the 250 -ft. setback from the ordinary high water mark of the Spokane River for construction of a single-family structure. The property is at 19410 E. Buckeye, Spokane, WA with parcel number 55082-0147. This would be a 20% buffer width reduction under the Spokane County Critical Areas Ordinance (11.20.060 C. 2. F. ii) and this would put my structure 200 -ft. from the ordinary high water mark of the river. Currently the land is vacant of very little native vegetation or wildlife habitat and has been in agricultural production in the recent past. I have met with Walt Edelen of the Spokane County Conservation District at the site and prepared the attached riparian plan as recommended by Walt. I plan to install an irrigation system to ensure that we have an 80% survival rate of the plantings. I am submitting this plan to you and requesting permission to build the structure 200 -ft. of the ordinary high water mark. This would be a 20% reduction in the buffer area. I do not as yet own this property because the buffer reduction is a condition of the purchase. Date: SPOKANE COUNTY CONSERVATION DISTRICT 222 N. HAVANA SPOKANE, WASHINGTON 99202 (509) 353-2120 Spokane County Public Works Department 1026 W. Broadway Spokane, Washington 99260 WASHINGTON DEPARTMENT OF FISH AND WILDLIFE 8702 N. DrwsioN STREET SPOKANE, WASHINGTON 99218 (509) 456-4082 The Spokane County Conservation District and the Washington Department of Fish and Wildlife have consulted with: Applicant: Al... bOuG DEa, during the preparation of the attached riparian vegetation enhancement plan. This form, along with the proposed enhancement plan, shall be returned to the Spokane County Public Works Department for final approval. If this plan is implemented as designed, it should mitigate many of the impacts from this project and past actions in riparian areas in Spokane County. 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Coady thrlidlog and Safety 0 be 4.tsled within th4 mubdonen liar budotdid domestic war sere sor=t bu.t Oris► to ode of emir bulldog permit for each tract At the t vis of append of the 4 the jnrWation of N. niobtytan 04311. and the Spokane County Sir d wrd.pensnt of the property &sal obeli M. Mariam Aux rule and n pends Iwwrc& 0•veleoma t within Nle asAdr+d-u of the Motional flood 4erauae pre yr ore iof ronedoos County. passim lir has 0.o rethrin.d emit end furabom load kis Aid .. Mod drawn property within the pias hon N. an eandinn roods easeaw! an roodsoto ate for 7n. imam budding epeMvg. Ina buldbuq deal ba bt41 enough to d the bidding In 10 net AI drain• bulldog to naked drainages or .e N WITNESS M47et:OF the ewers b STATE f! WAsitictal ) coolie or )�SSP'GR.iIE _ 0. t d. fir' day sfefsia1Q appeared 0luddab. F. Mater and . ono Mein to be the inolodude de within end for.p.ing Instrument ati voluntary get ase deed of odd Ind twtebb stated. 11 IONE'3S rhiERE d 0..4 arty ofll.id .ad tin. day 0.r day ane parte above I Chadwick F. Baxter and Jean C. Baxter permit and authorize Douglas J. Rider and/or Marilyn O. Rider to apply for a buffer width reduction under the Spokane County Critical Areas Ordinance 11.20.060 C.2.f., on the property located at 14910 E. Buckeye (Tax Parcel,Number 55082.0147). Date Signature -- ,� t �` ,��-� Date / --- i 0 0 8. it c....i _