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2012, 06-25 File: SHP-2012-0004 Notice of DecisionY .„••OValley. COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION STAFF REPORT AND NOTICE OF DECISION FILE No: SHP-2012-0004 STAFF REPORT DATE: June 25, 2012 REPORT PREPARED BY: Karen Kendall, Assistant Planner, Community Development Department REPORT REVIEW BY: Mike Basinger, AICP, Senior Planner, Community Development Department PARCEL NUMBER/SITE ADDRESS/GENERAL LOCATION: Parcel number 55181.3012; addressed as 18309 East Desmet Avenue; located approximately 100 feet east of the intersection at Greenacres Road and Desmet Avenue; further located in the NE 1/4 of the NE I/4 of Section 18, Township 25 North, Range 45 East, Willamette Meridian, Spokane County, Washington PROPOSAL: Request to short plat 0.54 of an acre into two (2) single-family residential lots. OWNER/APPLICANT: Steve Bartels, 18421 East Desmet Avenue; Spokane Valley, WA 99016 APPROVAL CRITERIA: 1. Comprehensive Plan — Chapter 2 - Land Use 2. SVMC — Title 19 (Zoning Regulations) 3. SVMC — Title 20 (Subdivision Regulations) 4. SVMC — Title 21 (Environmental Controls) 5. 2009 Spokane Valley Street Standards 6. 2008 Spokane Regional Stormwater Manual 7. Spokane Regional Health District Regulations ATTACHMENTS: Exhibit 1: Preliminary Short Plat Map of Record dated June 25, 2012 Exhibit 2: Preliminary Short Plat Submittal Exhibit 3: Determination of Completeness Exhibit 4: Notice of Application Exhibit 5: Agency Comments I. PROPERTY INFORMATION Size and Characteristics: The site is 0.54 of an acre in size. Comprehensive Plan Designation: Low density residential (LDR) Zoning of Property: Single -Family Residential (R-3) Existing Land Use: Existing single-family residence with a separate concrete foundation and one (1) detached structure. II. STAFF ANALYSIS OF PROPOSAL A. COMPLIANCE WITH TITLE 19 (ZONING REGULATIONS) 1. The proposal is to divide 0.54 of an acre into two (2) single-family residential lots. Spokane Valley Municipal Code (SVMC) 19.40.020 Residential Standards specifies that the minimum lot Staff Report and Notice of Decision for SHP-2012-0004 June 25, 2012 Page 1 1 size in the R-3 zone is 7,500 square feet per dwelling unit with a lot width of 65 feet and a depth of 90 feet. The proposed lots exceed the required minimum residential standards. Lot 1 (parcel A) currently accesses Desmet Avenue and Lot 2 (parcel B) shall access Boone Avenue. Staff finds all minimum residential development standards as proposed are consistent with SVMC 19.40.020 Residential Standards. COMPLIANCE WITH TITLE 20 (SUBDIVISIONS REGULATIONS) 1. SVMC 20.20.090 General Design requires written findings of fact that appropriate provisions are made for the following. Analysis is italicized. Design, shape, size and orientation of tracts; The design, shape, size, and orientation of the proposed 2 -lot short plat are consistent with the intent of Title 20, the development standards within SVMC Title 19 and the City's Comprehensive Plan goals and policies. Lot arrangement; The arrangement of the proposed lots is consistent with the requirements. Block dimensions; Block dimensions are not applicable to this proposal. Arrangement of tracts and roads, to permit subsequent redivision in conformity with roads or plans adopted by the City; The proposed lots are not designed for further redevelopment. Lots should not be divided by the boundary of any city, county, zoning designation, or public right-of-way; The proposed lots are not divided by the boundary of any City, County, zoning designation or public right-of-way. Every lot shall have direct access to a paved public street, private street or private driveway easement; All lots will access onto public streets. Improvements shall be made for construction of all public/private streets and driveways; No improvements are required. Wastewater design; Wastewater design is coordinated directly with Spokane County Utilities and shall be in compliance with all applicable City and other agencies' regulations. Adequate domestic water supply and/or fire protection; Adequate public domestic water supply and/or fire protection compliance with all applicable City and other agencies' regulations. Road design; All road designs shall be in conformance with the 2009 Spokane Valley Street Standards. The City of Spokane Valley Development Engineering Division has provided comments. Provisions for stormwater runoff; Provisions for Stormwater runoff shall be in compliance with the 2008 Spokane Regional Stormwater Manual. The City of Spokane Valley Development Engineering has provided comments. Easements for electric, water, sewer, gas and similar utilities; Easements for electric, water, sewer, gas, and similar utilities shall be illustrated on the final short plat. The utility purveyors shall indicate to the Community Development Department in writing that the easements are adequate for their service needs. Underground utilities; The short subdivision shall provide underground utilities within public right-of-way, alleys or utility easements including, but not limited to, those for electricity, communications and street lighting. a. b. c. d. e. f. g. h. J. k. 1. m. shall be provided in Staff Report and Notice of Decision for SHP-2012-0004 June 25, 2012 Page 12 2. SVMC 20.20.100 Findings stipulate that prior to approving any subdivision, the department shall determine and make written fmdings of fact that appropriate provisions are made for the following. Analysis is italicized. a. The public health, safety, and general welfare; The public health, safety, and general welfare will be promoted in accordance with standards established by the state and the City of Spokane Valley's subdivision regulations. b. Open spaces; The SVMC does not require dedicated open space for development of single family dwelling units. c. Drainage ways; All drainage will follow the adopted 2008 Regional Stormwater Manual for stormwater management guidelines. d. Street or roads, alleys, sidewalks, and other public ways; The proposed short plat will have direct access to Desmet Avenue (south) and Boone Avenue (north). e. Transit stops; Spokane Transit Authority determines needs for transit stops. Transit Route 98 runs along Barker Road approximately two tenths of a mile east of the proposed development. f. Public potable water supplies; Public water supplies are regulated by the Spokane Regional Health District and Consolidated Irrigation District No. 19, the local water purveyor. A completed Certificate of Water Availability indicates water is available with installation of infrastructure and a new connection. g. Sanitary sewer; Sanitary sewer system is coordinated by Spokane County Utilities and is available to this proposal. A completed Certificate of Sewer Availability from Spokane County Division of Utilities specifies public sewer service is available with connections required. h. Parks and recreation; No new parks or recreation facilities are proposed as part of this short plat. Greenacres Park is approximately a third of a mile west of the short plat. i. Playgrounds, schools, and school grounds; Greenacres Elementary and Middle School are located approximately 1 mile southwest of the site. Level of service standards are set by individual school districts capital facility plans. j. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; The closest sidewalks are located east of the site on Barker Road. k. Whether the public interest will be served by the subdivision; As proposed, this subdivision meets or will meet all criteria set forth in the SVMC and will be consistent with the applicable goals and policies of the City of Spokane Valley Comprehensive Plan. 1. The proposed subdivision is in conformity with all applicable development code provisions; and As proposed, the short plat meets or will meet all criteria set forth in the SVMC, the City's Comprehensive Plan and all other development code provisions. m. Other requirements found to be necessary and appropriate and for which written standards and policies have been adopted (Ord. 07-015 § 4, 2007). The public health, safety, and general welfare will be promoted in accordance with standards established by the state and the City's subdivision regulations. 3. SVMC 20.20.050 — (Prohibition against sale, lease or transfer of property) stipulates that no person shall sell, lease or offer to sell or transfer any lot, tract or parcel subject to the requirements of this title without first receiving final short plat approval and recording the Staff Report and Notice of Decision for SHP-2012-0004 June 25, 2012 Page I3 approved short plat with Spokane County; provided, that if performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract or parcel of land is expressly conditioned on the recording of the subdivision, short subdivision or binding site plan containing the lot, tract, or parcel, the offer or agreement does not violate any provision of this Title. 4. SVMC 20.20.080 (Professional Land Surveyor) requires the preparation of all preliminary and final short plat be made by or under the supervision of a professional land surveyor. The professional land surveyor shall certify on the fmal plat that it is a true and correct representation of the lands actually surveyed. A survey is required on all fmal plats. All surveys shall comply with the Survey Recording Act (RCW 58.09), Survey and Land Descriptions (WAC -332-130). 5. SVMC 20.30.050 (Expiration of Preliminary Approval) stipulates that preliminary short plat approval automatically expires five (5) years after preliminary approval is granted unless a time extension is approved for the project. On June 25, 2012, Substitute Senate Bill No. 6544 was passed modifying RCW 58.17.140 allowing all plats to have an extended expiration date of seven (7) years from the date of preliminary approval. If a request for an extension of time is not submitted and approved, the preliminary approval expires and the binding site plan is null and void. The expiration date for SHP-2012-0004 is therefore June 25, 2019. 6. SVMC 20.30.060 (Time Extensions) requires an application form and supporting data for time extension requests must be submitted to the Director at least thirty (30) calendar days prior to the expiration of the preliminary short plat approval. 7. Pursuant to SVMC 20.40.030 (Filing Final Short Plat, Plat, or Binding Site Plan) the City of Spokane Valley shall record with the Spokane County Auditor's Office the final short plat, upon receipt of all required signatures on the face of the plat. 8. The approved preliminary short plat shall have a maximum of two (2) residential lots unless a preliminary short plat modification is approved consistent with SVMC Chapter 20.50 (Preliminary Plat, Short Plat, and Binding Site Plan Alterations). 9. Pursuant to SVMC 20.80.040 (Recordation) of the SVMC, all fees for recording shall be paid by the applicant prior to recording. Conclusion(s): The proposed short plat will promote the health, safety, and general welfare, effective use of land, and will meet required level of service standards established by the state and City. The proposed preliminary short plat conforms to applicable standards of the SVMC. The application is consistent with the zoning standards in effect at the time this application was determined complete, subject to the implementation of applicable conditions of approval. C. COMPLIANCE WITH TITLE 21 (ENVIRONMENTAL CONTROLS) 1. SVMC 21.20 - State Environmental Policy Act The Planning Division has reviewed the proposed project and has determined that the project is categorically exempt pursuant to WAC 197-11-800 and SVMC 21.20.040 from environmental review under the provisions of the State Environmental Policy Act (SEPA). 2. SVMC 21.30 — Floodplain Regulations or other as applicable SVMC 21.30 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. 53063C0595D of the Federal Insurance Rate Maps for Staff Report and Notice of Decision for SHP-2012-0004 June 25, 2012 Page 14 Spokane County, Washington (Map Revised: July 6, 2010), the subject property is not located within a designated area of special flood hazard. D. COMPLIANCE WITH TITLE 22 (DESIGN & DEVELOPMENT STANDARDS) Findings: SVMC 22.20.010 states concurrency must be evaluated for transportation, water, and sewer. A completed Certificate of Water Availability from Consolidated Irrigation District No. 19 dated February 23, 2012 requires another connection to the water system to serve an additional lot. The proposed project is consistent with the water purveyor's Department of Health (DOH) approved water system plan. A completed Certificate of Sewer Availability from Spokane County Division of Utilities dated February 28, 2012 indicates sewer service is available. Conclusion(s): The proposal complies or will comply with the requirements of SVMC Title 22 Design and Development Standards pertaining to transportation, water, and sewer concurrency. III. COMPREHENSIVE PLAN: The Low Density Residential (LDR) Comprehensive Plan designation addresses a range of single-family residential densities from one dwelling unit per acre up to and including six dwelling units per acre. The R-1, R-2, R-3, and R,4 districts of the SVMC are intended to implement LDR designation. Analysis is italicized. 1. Policies LUP-1.1 and NP -2.1 of the Comprehensive Plan recommends that the character of existing and future residential neighborhoods be maintained and protected through the development and enforcement of the City's land use regulations and joint planning. The proposed development is consistent with residential development standards and existing single-family development in the area. 2. Policy LUP-15.1 of the Comprehensive Plan recommends to continually identify and evaluate archeological and historic sites to determine which should be preserved. Policy LUP-15.3 recommends that relations with Native American tribes be established and maintained for the preservation of archeological sites and traditional cultural properties. There are no known historic sites in the area. The applicant is aware of our policies regarding archeological sites and traditional cultural properties. 3. Policies LUP-1.4 and LUP-2.3 of the Comprehensive Plan encourage the development of transportation routes and facilities to serve residential neighborhoods. It also notes that special attention should be given to walking, biking, and transit uses. No improvements are required. 4. Policy LUP-16.1 of the Comprehensive Plan encourages new development, including multifamily projects, to be arranged in a pattern of connecting streets and blocks to allow people to get around easily by foot, bicycle, bus, or car. The proposal does not include any additional streets. 5. Policy LUP 16.3 of the Comprehensive Plan requires adequate emergency evacuation routes prior to approving new development or redevelopment. Spokane Valley Fire District No. 1 approves the site as proposed. 6. Policy TP -2.1 of the Comprehensive Plan recommends street designs complement adjacent development. Policy TP -2.2 discourages private roads as a principle means of access to developments, and recommends the private roads are designed and constructed to public street standards. No improvements are required 7. Policies TP -9.8 and TP -9.2 of the Comprehensive Plan recommend that pedestrian facilities such as sidewalks be required in all new developments, and that sidewalks be provided on both sides of all arterial streets as funding allows. No improvements are required. Staff Report and Notice of Decision for SHP-2012-0004 June 25, 2012 Page 15 8. Policy NEP-20.5 of Comprehensive Plan recommends that streets in new development be paved, to mitigate adverse impacts on air quality. No improvements are required. All surrounding streets are public and paved. 9. Policy NEP-19.1 of the Comprehensive Plan recommends that the impacts of a development proposal on surface water quality be considered before development is approved; and indicates that conditioning proposals may be necessary to protect water quality, manage runoff and address erosion control and sedimentation. Policy CFP -6.1 of the Comprehensive Plan requires stormwater management systems for new development. Policy CFP -6.4 encourages new development to include multiple uses of facilities, such as the integration of stormwater facilities within recreation and/or open space areas, when possible. No improvements are required. Policy CFP -4.5 of the Comprehensive Plan discourages new, private and domestic wells within the Spokane Valley City limits. Policy CFP -4.6 of the Comprehensive Plan requires new development to connect to public sewer and water. The proposed subdivision is required to add a water connection and jointly share the existing sewer connection. 10. Policy CFP -8.2 of the Comprehensive Plan recommends the consideration of adequate school facilities when reviewing new residential development. The proposed subdivision is located in Central Valley School District. Adequate facilities are determined by the school district. 11. Policy CFP -9.1 of the Comprehensive Plan recommends a concurrency management system for transportation, sewer, and water facilities. Concurrency has been met for transportation, sewer, and water facilities. IV. PUBLIC COMMENTS Findings: No public comments were received in response to the notice of application issued on May 18, 2012 Conclusion(s): Staff concludes that adequate public noticing was conducted for SHP-2012-0004 in accordance with adopted public noticing procedures. V. AGENCY COMMENTS Comments were received from the following agencies and are attached as exhibits to this staff report: 1. City of Spokane Valley Building Division 2. City of Spokane Valley Development Engineering Division 3. Spokane Valley Fire Department 4. Spokane County Division of Utilities 5. Spokane Regional Health District 6. Spokane Regional Clean Air Agency 7. CentryLink (previously Qwest) VL OVERALL CONCLUSIONS AND FINDINGS Staff concludes that SHP-2012-0004 as proposed is generally consistent or will be made consistent through the application of conditions of approval with the approval criteria stated herein. VII. 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-2012-0004 subject to compliance with the following conditions of approval: A. Prior to final short plat application submittal, the applicant shall: SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT — PLANNING DIVISION: Staff Report and Notice of Decision for SHP-2012-0004 June 25, 2012 Page 16 1 Submit a fmal 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 R-3 zoning district or successor zoning designation to the extent permitted by Washington State law in effect at the time of building permit application." 2. Demolition permit must be granted by the City's Building Division and completion inspected for the shed. SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT BUILDING DIVISION: 3. The following addresses have been assigned and shall be designated on the fmal short plat map; a. Lot 1 (Parcel A) = 18309 E Desmet Avenue (existing to remain) b. Lot 2 (Parcel B) = 18310 East Boone Avenue SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT ENGINEERING DIVISION: 4. A Professional Engineer, licensed in the State of Washington, shall prepare required engineering documents (including civil/street plans, drainage plans, drainage calculations, traffic studies, shared access driveway plans, etc.) Plans shall conform to the 2009 City of Spokane Valley Street Standards (or as amended), the 2008 Spokane Regional Stormwater Manual (or as amended), the City of Spokane Valley Municipal Code and all other federal, state and local regulations, as applicable. 5. Frontage improvements are not required on either Desmet Avenue or Boone Avenue. The following is for determining right-of-way and border easement dedications. a. Both Desmet Avenue and Boone Avenue are designated local access streets. Frontage improvements needing to be constructed include 15 feet of asphalt width from road centerline, Type B curb and gutter (2 feet wide), 10 -foot wide roadside swale, and a 5 -foot wide sidewalk. The total width of improvements is 32 feet. b. Current right-of-way on Desmet is 40 feet; 'h of the right-of-way being 20 feet. The minimum 1/2 right-of-way width, which is to 2 feet behind the back of the future curb, is 19 feet. Existing right-of-way is adequate. No dedication or border easement is required. Applicant to confirm right-of-way location and width(s). Note — building setback begins at the edge of the border easement. c. Current right-of-way on Boone is 70 feet; '/2 of the right-of-way being 35 feet. The minimum 1/2 right-of-way width, which is to 2 feet behind the back of the future curb, is 19 feet. Existing right-of-way is adequate to accommodate all potential improvements. No dedication or border easement is required. 6. Driveway approach design shall follow the 2009 City Road Standards, or as amended. If Desmet Avenue and/or Boone Avenue will not have full -width pavement or curb and gutter then a driveway approach per Standard Plan R-114 may be used with the approach starting at the edge of the existing pavement. 7. Show any utility easements (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 2009 City of Spokane Valley Street Standards, or as amended. 8. If sewer and/or water needs to be brought to the properties and to do this requires an Engineering design, copies of the approved sewer and water plans are required to be submitted to Development Engineering. The civil plans for the project are required to show the extents of pavement removal and replacement. 9. Plat language will be determined at the time of final plat submittal. Contact Development Engineering prior to first submittal of fmal plat to obtain plat language. Staff Report and Notice of Decision for SHP-2012-0004 June 25, 2012 Page 17 SPOKANE REGIONAL HEALTH DISTRICT 10. The fmal short plat shall be designed as indicated on the preliminary short plat of record. 11. Appropriate utility easements shall be indicated on copies of the preliminary plat of record for distribution by the Planning Department to the utility companies, Spokane County Engineer, and the Spokane Regional Health District. 12. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. 13. Water service shall be coordinated through the Director of Utilities, Spokane County. 14. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Health. 15. Prior to filing the final short plat, the sponsor shall demonstrate to the satisfaction of the Spokane Regional Health District that an adequate and potable water supply is available to each lot of the plat. 16. Prior to filing the fmal short plat, the sponsor shall present evidence that the plat lies within the recorded service area of the water system proposed to serve the plat. 17. A public sewer system will be made available for the short 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. 18. 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." 19. The dedicatory language on the plat shall state: "Use of private wells and water systems is prohibited." 20. The fmal short 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 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 lot prior to sale of each lot and prior to issuance of a building permit for each lot." SPOKANE COUNTY DIVISION OF UTILITIES 21. Side sewer easement with a width acceptable to the Spokane County Division of Utilities shall be shown on the face of the plat as "Private Sewer and Utilities Easement". 22. 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." 23. 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. Prior to plan submittal, the developer is required to contact Billy Urhausen at 477-3604 to discuss the details of the sewer plans. Staff Report and Notice of Decision for SHP-2012-0004 June 25, 2012 Page 18 24. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization of the project. 25. Any water service for this project shall be provided in accordance with the Coordinate Water system Plan for Spokane County, as amended. B. Prior to or during on-site construction the applicant shall: SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT ENGINEERING DIVISION: 1. NOTICE — The Regional Pavement Cut Policy may prevent or limit pavement cuts in the adjacent street(s). There is a three-year moratorium on pavement cuts for newly paved streets. Please contact the City right-of-way inspector 720-5025 for further information. Desmet Avenue was paved in 2010. SPOKANE REGIONAL CLEAN AIR AGENCY 2. 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. 3. 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 4. Debris generated as a result of this project must be disposed of by means other than burning. 5. Spokane Clean Air strongly recommends that all traveled surfaces (i.e. ingress, egress, parking areas, access roads, etc.) be paved and kept clean to minimize dust emissions. 6. If objectionable odors result from this project, effective control apparatus and measures must be taken to reduce odors to a minimum. 7. Special attention should be given to proper maintenance of diesel powered construction equipment to reduce the impact of diesel exhaust, a suspected carcinogen. SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT -PLANNING DIVISION: 8. Upon any discovery of potential or known archaeological resources at the subject properties prior to or during future on-site construction, the developer, contractor, and/or any other parties involved in construction shall immediately cease all on-site construction, shall act to protect the potential or known historical and cultural resources area from outside intrusion, and shall notify, within a maximum period of twenty -fours from the time of discovery, the City of Spokane Valley Community Development Department of said discovery. VIII. APPEAL OF DECISION Pursuant to Section 17.90 (Appeals) of the SVMC, 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 9, 2012. Staff Report and Notice of Decision for SHP-2012-0004 June 25, 2012 Page 19