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2005, 07-12 File: SHP-18-05 Notice of DecisionS1iilan�� COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION STAFF REPORT AND NOTICE OF DECISION FILE No.: SHP-18-05 STAFF REPORT DATE: JULY 12, 2005 DATE DECISION MAILED: JULY 12, 2005 PROPOSAL DESCRIPTION: SHP-18-05 — Request for preliminary short plat approval to subdivide approximately .82 acres into four (4) residential lots. PROPOSAL LOCATION: Parcel No. 45202.0724, also known as 324 S. Farr Rd, located in the northwest quarter of Section 20, Township 25 North, Range 44 East, Willamette Meridian, Spokane County Washington. OWNER / APPLICANT: Don Swanson, 312 S. Farr Rd., Spokane Valley, WA 99212 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 14.622 (Urban Residential -22) 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-18-05 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-18-05 July 12, 2005 Page 1 of 9 I. BACKGROUND INFORMATION PROPERTY INFORMATION: Size and Characteristics: The subject property is approximately 35,719 square feet or .82 acres in size. Current site vegetative cover consists of trees, grass and shrubs. Existing Comprehensive Designation: ' Plan High Density Residential (HDR) Existing Zoning: Urban Residential -22 (UR -22) Existing Land Use: Vacant / Storage II. 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 WITH 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 I 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 9, 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 10, 2005 indicates that sewer is currently available to the site. Staff find that the proposal meets the concurrency requirements of Section IV.F. D. COMPLIANCE WITH SECTION 14.622 (URBAN RESIDENTIAL -22) OF THE INTERIM ZONING CODE The proposed preliminary short plat location is zoned UR -22 and subject to the lot development standards and other applicable standards specified in Chapter 14.622 (Urban Residential -22) of the City's Interim Zoning Code. The property is currently vacant. The proposal is to divide the property into four (4) residential lots. Staff Report and Notice of Decision for SHP-18-05 July 12, 2005 Page 2 of 9 As currently proposed, the four (4) lots generally comply with applicable standards in Chapter 14.622. 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 0294 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 Community Development Department — Planning Division 2. Public Works Department — Development Engineering Division 3. Spokane Valley Community Development Department — Building Division 4. Spokane Regional Health District 5. Spokane County Division of Utilities 6. Spokane Valley Fire Department 7. Modern Electric Water Company 8. Spokane County Air Pollution Control Authority 9. Avista Where appropriate, conditions of approval recommended by commenting agencies that are applicable to the proposal are incorporated herein. V. CONCLUSION Staff concludes that SHP-18-05 as proposed is generally consistent or can be made consistent through the application of conditions of approval with the approval criteria stated herein. VI. 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-18-05 subject to compliance with the following conditions of approval: Staff Report and Notice of Decision for SHP-18-05 July 12, 2005 Page 3 of 9 A. General The following are general conditions of approval that apply to SHP-18-05: SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT — PLANNING DIVISION: 1. Pursuant to Section 12.100.116 (Expiration of Approval), the preliminary short plat approval for SHP-18-05 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-18-05 is therefore July 12, 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 comers 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) 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-18-05 July 12, 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. spokanevalley. 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. Farr Road is designated as a Collector Arterial. Their current right-of-way from centerline is 20'. A right-of-way dedication of 2.5' is required. A Border Easement of 13' is also required. This shall be designated on the final plat map. 14.401 Avenue is designated as a Collector Arterial. Their current right-of-way from centerline is 30'. A Border Easement of 5.5' is required. This shall be designated on the final plat map. 15. Frontage improvements are required on Farr Road and 4t° Avenue for this project. These include street widening, curb & gutter, planting strip, and sidewalk. 16. 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 Farr Road and 4th Avenue which provides access to the site. 17. As an altemative method of constructing the street improvements stated above, the applicant may, with the approval of the Public Works Director, accomplish the street improvements by Staff Report and Notice of Decision for SHP-18-05 July 12, 2005 Page 5 of 9 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 undersigned owner, their heirs, grantees and assigns. This provision is applicable to Farr Road and 4th Avenue which provide access to the proposed site. 18. If the newly created lots are used for commercial use or any use other than single family residential, full improvements to Farr Road and 4th Avenue are required. 19. 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. 20. Permits are required for any access to or work within the right-of-way of the Spokane Valley roadway system. 21. 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. 22. 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. 23. Driveway approach design shall follow the 2001 Spokane County Road and Sewer Standards, or as amended. 24. 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: 25. The final plat shall be designed as indicated on the preliminary plat of record and/or any attached sheets as noted. 26. 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. 27. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. 28. Water service shall be coordinated through the Director of Utilities, Spokane County. 29. Water service shall be by an existing public water supply when approved by the Regional Staff Report and Notice of Decision for SHP-18-05 July 12, 2005 Page 6 of 9 Engineer (Spokane), State Department of Health. 30. Prior to filing the final 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 tract of the plat. 31. Prior to filing the final plat, the sponsor shall present evidence that the plat lies within the recorded service area of the water system proposed to serve the plat. 32. 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. 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." 34. The dedicatory language on the plat shall state: "Use of private wells and water systems is prohibited." - 35. 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 lot prior to sale of each lot and prior to issuance of a building permit for each lot." SPOKANE COUNTY DIVISION OF UTILITIES: 36. 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. 37. 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. 38. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization of the project. • 39. 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 40. 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 - Staff Report and Notice of Decision for SHP-18-05 July 12, 2005 Page 7 of 9 weather conditions 41. 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. 42. Debris generated as a result from this project must be disposed of by means other than burning. 43. 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. 44. If objectionable odors result from this project, effective control apparatus and measures must be taken to reduce odors to a minimum. 45. Special attention should be given to proper maintenance of diesel powered construction equipment to reduce the impact of diesel exhaust, a suspected carcinogen. 46. 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 (375kW) 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. 47. 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 48. Add the following language to the dedication page: "Dry utility easements shown on the herein described plat are hereby dedicated for the use of serving utility companies for the construction, reconstruction, maintenance, protection, inspection and operation of their respective facilities, together with the right to prohibit changes in grade that will reduce the existing coverage over installed underground facilities and the right to trim and / or remove trees, bushes, landscaping and to prohibit structures that may interfere with the construction, reconstruction, reliability, maintenance, and safe operation of same." 49. Add a 10 -ft wide easement strip along, adjacent and adjoining the boundary lines of both Farr Road and 4th . MODERN ELECTRIC WATER COMPANY 50. Modern Electric Water Company's receipt and acknowledgement of this Short Plat Application is subject to the Agreement to Modern Electric Water Company dated November 6th, 1905, and recorded in the office of the Spokane County Auditor, Book E, page 267 of contracts. It does not relieve the Owner of meeting Modern Electric Water Company's current Specifications & Staff Report and Notice of Decision for SHP-18-05 July 12, 2005 Page 8 of 9 Requirements at the time of construction of the requirements outlines in the Company's current Comprehensive Plan. 51. An approved water system plan, including main and line extensions and / or fire hydrant installation, may be required. SPOKANE VALLEY FIRE DEPARTMENT 52. An approved apparatus turnaround needs to be made. 53. A detailed water plan showing hydrant locations shall be submitted. 54. If a gate is proposed, a "to scale° drawing shall be submitted for review and approval. 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 12, 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. 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-18-05 July 12, 2005 Page 9 of 9 {h = 2517068 'Y =258502 a l� til VICINITY MAP SHP-18-05 cm' iaii e COMMUNITY DEVELOPMENT DEPARTMENT 4•0Valley PLANNING DIVISION ROUTING MEMORANDUM Date: July 13, 2005 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 Modem Electric Don Swanson — Applicant Simpson Engineering 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@spokanevalley.org SUBJECT: Staff Report and Notice of Decision for SLIP -18-05 11707 E. Sprague • Suite 106 • Spokane Valley, WA • 99206 • (509) 921-1000 • Fax (509) 921-1008