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HomeMy WebLinkAbout2002, 03-06 Buffer Reduction RequestSPOKA N E 4; -2121 ' C O U N T Y A DIVISION OF THE PUBLIC WORKS DEPARTMENT DIVISION OF PLANNING MICHAEL V. NEEDHAM, DIRECTOR CAR -32-02 SPOKANE COUNTY CRITICAL AREAS ORDINANCE 11.20.060(C.)(2.)(f.) Riparian Habitat 25% BUFFER REDUCTION TO: Larry T. Rider N. 1225 Skipworth Spokane, WA. 99206 FROM: Bill Moser, Associate Planner DATE: March 6, 2002 (509) 922-3368 SUBJECT: Request for a "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. 19324 Buckeye Avenue, Spokane, WA. The tax parcel number is 55082.0146. Year: 2002 Roll: Parcel Found Parcel: 55082.0146 Owner: BASTER, CHADWICK CoOwner: Owner Address 130 E HIGH DR SPOKANE WA 99203-2757 USA Site Address 0 VACANT LAND SPOKANE Legal Description 08-25-45 TR B SP93-B78BEING A PTN OF WEE # 2 IN THE NW1/4 1026 W. BROADWAY • SPOKANE, WASHINGTON 99260-0220 PHONE: (509) 477-7200 • FAX: (509) 477-2243 • TDD: (509) 477-7133 CAR -32-02 Page 2 PROPOSAL: Reduce the required 250 -foot riparian habitat buffer area along the Spokane River by 25% to accommodate a proposed single-family dwelling and yard. The single-family dwelling would be approximately 200 feet from the river with the proposed yard no closer than 187.5 feet from the river. Currently the land is vacant of any 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 consulted with the Washington State Department of Fish and Wildlife and the Spokane County Soil Conservation District on the vegetation enhancement plan. Both agencies recommend enhancement around the proposed development. The applicant's enhancement plan will accomplish these recommendations. (2) A three-year monitoring program to ensure 80% survival of the new plantings with 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/OR 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 attached drawing, 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. CAR -32-02 Page 3 5. Spokane Regional Health District — septic tank and drainfield permits. 6. Local Fire Department — emergency access regulations. 7. WA. State Department of Ecology — water rights permit or wetland/water quality permit. 8. WA. State Department of Fish & Wildlife — critical habitat or endangered species. 9. WA. State 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 February 19, 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 187.5 foot Riparian Habitat buffer area shall be retained as wildlife habitat and cannot be fenced, developed, or used, except as allowed pursuant the Spokane County Critical Areas Ordinance. i4-&;1 3-1 --z) Bill Moser, Associate Planner Date ohn Pe erson, Senior Planner Date BM:md CAR-32-02 Page 4 Larry T. Rider N. 1225 Skipworth Spokane, WA. 99206 4N-22-2002 13:11 =ROr1 TRRINSNPT I ON TO 8Q24125 P,©5 MED Bd0w 1.7 1.54 stinerilfefa.dar IMO l Fri'ilieneamm 12 Ano MC r ROD =PM fleet NM MAI NO VAC 7S2 -00•a/4 resent r aa.rr Te tateatat i4vQR BaadRr YID 7[s calOOfs » aAOr — a0reer MI IWO ler= PR ace seaaals (11) 1 - ay re mimic Ivor aura 'mod LS ?Ur — brill Pt "144'1/4a SPDXANE COUNTY SHORT PLAT 878-93 311111'i2lRlib KNOW ALL Yd B7 TH= PITS. that Qmeivtdn F Boner .ism C. Baxter. PH.Dan4 as wife. bare caused to bs replotted into aroma the and that, haven to be Moen as SHORT PLAT 874-23l odd! Imd d said as that parts" df That m Plat Its 2 of list Farms q lwfoetad Troots, amercing to Plat recorded b llbIan. '0' of Mats. pool d Mesa Spokane County, Wahmgbon. lybig north of a Rao do— verbal - .birting at the nartteseart arrow of saki Tract Alt 1101-3118"E„3041.42 fool, deny, the amt Bed of said tract, to am earth I11e of Wadringten Stats Pairs aha Roaroot1 I Laid am sheds an Record of Sing% Sod in Beak 33, Pole 22, mid tAa Tors Paint of BegimInR thanes dreg sod lin. $11. '18'1c 170.32 foot. 10 a nursemaid an daubed 11 sold Record of Sues% thaws aahtivhbg Recorddams SS117-041011. 2,74 foot. taro monument en dsdvil.d maid b in the semi line of acid WO M. add pant i)tnq 223'34 ! 1 . fest pfro o too nrtheart caw of mid Tract 4A sold painbong the saki Dia aid hinny dedeots 13 Oo ( of R/1/ far ant &dacrya esAw w WRY .errnanis whom an tia harem desired plat are hereby grafted to Me . tufty amprd.s far the ddnatneetldn, redoep�lgnrmike, chid Wilder and to tritariaace end m and/or r Together tram ~e maht to y bterfans with the aai.kvatloi, mstritaiaies end dparatlon of eewa The . arra/e) ar succso a(*) tri intoast ogres to o thartss Spokane Road Ynpraioiririt tlkiMfet Q ) by Ow pe boon niotlnd instant to Chapter 38,88 RCW, smith adage lnciodes the senor(a) proper* and hrtiir not to abject by the king of 4 beget. Ms femme= of • RIO by the r.ddutlai method pursued to Chapter 38.40 RCC, shah riedudai 4uades ri. 000r(s) p.+h.�ly.if o RID b farmed by tither the potllfah err r.vobhtlom method. as prodded tar in Chapter 38.38 RC tT. diner(.) re sicsaime(s) 1tVw agree (1) that ale Improve - meats er rawhactirh asntrnpld.d Walla the praposd PJD Is fioal- bie. (2) that the bend%b to be drfwd trove the formation of the RCI I I TRACT 31 Fa or ere i I TRACT 38 NOl9�3'43'E 4'i4t7O - -124.14•--f--1 120 PAP= "A" T.9 Ave matdialis E 11712 SS u BAY -i 130 20. --- I tog 443 V -- 14 a .H m 01, 4� Was LL- antra;/ Ward/ wart 111a Sad MP! M NE. duo. r a¢1EiC s itch, i.. ELM — 262430 GRAPHIC SCALE by the property bch+dod thrm caeity Dartiu.liation. nrsedir the RIO. aid (3) that the rrapoty si analap.4, Proriesd, Aruba, tt retain 41. Aght, as authartad un aairgshsnt(s) aft thy, property a far In oa11nnctian with 41. fano reraMtien method Ledr Quota ✓ lar Court the dedden of the Sar IDs fad aa..rnait enol. It is fns RID is created r wry Road iogr isms County, the Ynpe...".arrt central aid paring) irg be at t Pune(.). etre hers. grudger a 31rdiano Canty. Ths MI _-_ the owiar(a) d (10) arca.ear(a) ai w ithout ees.trlletlan of the mid ties moes.so(a) ogres to eoutm own sp urea pay to Spokane repeed inprommenta to wade %Mtsh o band r other smarm r may bdeds the .sasitiai of an for or securiiq to to Cavity the mitts Al of era regalement* o Band aid ahs be hinting open omign(s). Thi pra.iian b *poem The ae iar(s) ar r e b County to pm thee sande) a by petition instead pieoimt to RI miner(.) psprtyt and Who. prated petition 'goad ehe for method poo lett to RCN Qiep p )L FRONDED, this andtion shaasae +(a) from ob}atig to ah: remit sf intaavorments ailed for as J.11 by petition a 3104.. Sds nerd aid rear pod maw tda pumas aro requested ask drafted an Oita lad pal The sett serail Iran 1f angler ;stip aye dila Of0roapplication i i of inehiemeai r - Int The public eater ay ten, our County and stet. Halm autnoriV teat enmity Ihiidrig and safety 0 ha metalled sfihb this .rad rine; far bdfhalual demesne water err .ant tract Crier to .ds of mai bWdtng permit for each trent At tie eine of appro.d of the the joWatiot of the trs.bingte n 00-53 and Oa Salaam Carnty Sh dshrdaprnrnt of this property did lam Me Slaving Ail nuke aria n porn* lasuohcs Cadapmnent within Ws mercer; of Wm National flood lnorrance Pn Cods of Spokane Camty. PVChas widen are vontl of gamsoi. foo require ent to pordroate food ha Ad .1h end wary eland drown prvprty within the plat In the r condr0.l10 o s iseWffecm to eft01s f y mode W� an the .m. for The resit Yea buIdbi4 did b. Ai* menti ea d the bolding In 10 feat AS drain WWI to natant trollops or otl M VOTRESS *CREW Ms canes Is SEAT[ Q 4AS111d0T 4 CytAifY QF SPCLi1E )}SS 4a this %l "' day of`LQ/Y1Q append Caodel& F. Beer and . TM Moan to be the hd+s4idg dei within old fregoihq t1awmo, o ra Med of sad ad tlfram et04 111)4555 44 caked rriy official mai as day em day and year above (>r< Inter ) 1tree -ISO ft. )C45 cRD1Urr mai maim woe (noire) Aa crIONIMITOaT acre ��,^3a(m) at far .1 fur m. stat. g Ory coom da, .Ppb.. '- .7-41 To: Request for 20% Buffer Width Deduction 11.20.060 C. 2. f. Bill Moser Spokane County Division of Building and Planning 1026 W. Broadway Spokane, WA 99260-0220 1-509-477-7154 From: Larry T. Rider N. 1225 Skipworth Spokane WA, 99206 922-3368 Home 892-4102 Work Date: February, 20th, 2002 Mr. Moser, I am requesting a 50 -foot reduction in the 250' setback from the ordinary high water mark of the Spokane River for construction of a single-family structure. The property is at E. 19324 Buckeye, Spokane, WA with parcel number 55082.0146. 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' from the ordinary high water mark of the river. Currently the land is vacant of any native vegetation or wildlife habitat and has been in agricultural production in the recent past. I have meet with Jeff Azerrad of Washington Department of Fish and Wildlife and presented a riparian plan and have spoken several times with Walt Edelen of the Spokane County Conservation District. These meetings and conversations were done to satisfy the agencies concerns about the riparian area. I have submitted a revised plan to Fish and Wildlife to satisfy Jeff Azerrad's concerns sent to you on February 12, 2002. I have increased the plantings to 47, plan to install an irrigation system to ensure at least an 80% survival rate of the plantings and also moved most of the plantings to the southern side of the property. All of these revisions were done to satisfy Fish and Wildlife. I am now submitting this plan to you and requesting permission to build the structure 200' off 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 precondition of the sale. I hope that you will approve this plan and issue me written confirmation that I can build the structure at the requested setback. Thank You, Proposed Riparian Plantings; Numbers Larry T. Rider 1. Bearberry (KinniKinnick — 15' wide ground cover) (16) 2. Snowberry (S. albus — 18" — 24" tall) (10) 3. Quaking Aspen (P. tremuloides - 20' to 60' tall, 15' to 30' wide) (9) 4. Douglas Spirea (S. douglasii - 4' to 8' tall and wide) (6) 5. Mock Orange (P. lewisii — 4' to 10' tall) (4) 6. Grand Fir (A. grandis — 80' to 200' tall, 15' to 25' wide) (2) Total Riparian Plantings (47) Parcel: 55082.0146 Owner: BAXTER, CHADWICK CoOwner: Owner Address 130 E HIGH DR SPOKANE WA 99203-2757 USA Site Address 0 VACANT LAND SPOKANE Legal Description 08-25-45 TR B SP93-878BEING A PTN OF WEST FARMS IRRIGATED TRACTS PL # 2 IN THE NW1/4 depicted on this map is general &subject to constant revision. It is intended for This is not na legal Legall gadocuments sta agency. for reference use only. should be obtained from the appropriate I Chadwick Baxter give permission for Larry T. Rider to apply for a buffer width reduction under the Spokane County Critical Areas Ordinance 11.20.060 C.2.f., on the property (Parcel Number 55082.0146) located at E. 19324 Buckeye, Spokane WA. Moser, Bill From: Kevin Robinette [ROBINKWR@dfw.wa.gov] Sent: Thursday, February 21, 2002 1:41 PM To: bmoser@spokanecounty.org Cc: azerrjma@dfw.wa.gov Subject: Larry T. Rider 20% Buffer Reduction I have reviewed Mr. Rider's revised vegetation plan dated February 19, 2002. It is much improved over the first plan which he submitted to Jeff Azerrad. If implemented as designed the plan should mitigate the impacts of allowing an additional 50 foot encroachment into the 250' setback. Thanks for the opportunity to comment on this plan. ++++++++++++++++++++++++++++++++++++++++++ Kevin Robinette, Regional Habitat Program Manager Wash. Dept. Fish & Wildlife Spokane 1 STATE OF WASHINGTON DEPARTMENT OF FISH AND WILDLIFE 8702 N. Division Street • Spokane, Washington 99218-1199 • (509) 456-4082 FAX (509) 456-4071 February 12, 2002 Bill Moser Spokane County Division of Planning 1026 W. Broadway Spokane, WA 99260-02 Dear Mr. Moser: - 0Z Subject: Evaluation of the native lant enhancement plan for the proposed 20% buffer reduction for Parcel 55082.0146 at 324 East Buckeye. The Washington Department of Fish and Wildlife (WDFW) appreciates the opportunity to comment on the native plant enhancement an developed as a condition for a 20% riparian buffer reduction requested by Mr. Larry Rid;. Mr Rider is considering the purchase of Spokane River frontage at 19324 Buckeye to develop a ingle family residence. The current buffer mandated through Spokane County's Critical Ordinance (Spokane County Code, Chapter 11.20) is 250 feet from the ordinary high water m k (OHWM) for this site. Mr Rider wishes to use the buffer reduction provision (11.20.060(C2fii to develop 200' from the OHWM. The buffer reduction provision requires the landowner to velop a native plant enhancement plan to offset some of the habitat function lost due to encroac ent into the protected riparian area. I visited the site with Mr. Rider on February 7, 2002 to rev -w his plan and evaluate the condition of the site. The following suggestions are based o my review of the plan and are intended to improve the condition of the riparian area. The p. el is surrounded by residential development and the plant community is currently dominated noxious weeds. WDFW believes that the current enhancement plan provided by Mr. Rider '11 require a greater density of trees and shrubs to enhance the site and offset habitat loss. The ent plan only includes 11 individual trees and shrubs that include one non-native species (H w willow). All the plantings illustrated in Mr. Rider's plan are also located on east and we t side of the proposed house. WDFW strongly suggests that most of the trees and shrubs be located behine e development and closer to the river and riparian area. We also suggestions the following sp les that are well adapted to the soils on this site and are known provide food and cover for wi1d1if These species also compete well with invasive weeds. These include snowberry, Oregon ape, chokecherry and prickly rose. Mr. rider preferred deciduous plants that will attract b" ds and these species should satisfy that goal. WDFW suggests a combination of the species iited above and the native plants mentioned in Mr. Riders plan spaced at a density of one plant every four feet along the southern width of the property. Overall, we suggest about 35-40 individual trees and shrubs in the plan to provide adequate value for wildlife. We also would like to see a maintenance plan that ensures at least an 80% survival rate. I will be on annual leave during the next week and a half. However, if you have questions please call Kevin Robinette 625-5545 during my absence. Kevin is also expecting a final review a revised version of the enhancement plan. Thank you again for the opportunity to comment on this project. Sincerely, c_e„z Jeff Azerrad Habitat Biologist cc: Walt Edelen, Spokane County Conservation District Larry Rider Kevin Robinette, WDFW Jeff Lawlor, WDFW Site PIF Site Nam:4 Parcel Nbr Nbr Dir Name 55082.0146 019324 E jBUCKEYE Loc City St Cntry hip Code OTI joTIS ORCHARDS WAJUSA 2j99027 Type Amt AVE SCORE DER, LARRY T & CATHERINE A 122511 SKIPWORTH SPOKANE, WA 99203 E -Mail Occupant Phone: (509) 892-4102 FAX: DOB: Phone: FAX: DOB: 2604 1920 19121d�y r4\° 19 260/ 60 p19120 19204. 1 19116 19110 19104 New Site ClisplayNotes j Aut©:Eirut Sit F. Zeolite Site - Find Site on Map Map Tips ]Road Cei Wednesday, Jul 03, 2002 11:17 AM 193zs, 40- 7 /{1931y ��418 10311-r 10401\ 193 I"\ cer) 0 117 c A/9/ -C. ) /47, „„ //Pi/6 47r1-1(7-6— 2. r/r 44.,/,;te77 9 - 1Seir (1'1'4 C4 / (4,-,/ 17-r A #14 /wed r,-7 ;9 1)/e: 7- /