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Agenda 12/11/2008 SCITY pokane Spokane \WEII V Uannina Commission 8cienda Valley Council Chambers, 11707 E. Sprague Ave. December 11, 2008 6:00 p.m. to 9:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES: No minutes to approve VI. PUBLIC COMMENT VII. COMMISSION REPORTS VIII. ADMINISTRATIVE REPORT IX. COMMISSION BUSINESS OLD BUSINESS: CONTINUED PUBLIC HEARING, TITLE 19, 19.110.030, AIRPORT HAZARD OVERLAY NEW BUSINESS: PUBLIC HEARING, TITLE 20, SUBDIVISIONS ELECTION OF 2009 OFFICERS X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT COMMISSIONERS CITY STAFF IAN ROBERTSON, CHAIR KATHY MCCLUNG, CD DIRECTOR FRED BEAULAC, VICE-CHAIR GREG MCCORMICK, PLANNING MGR, AICP JOHN G. CARROLL SCOTT KUHTA, LONG RANGE PLANNER, AICP CRAIG EGGLESTON MIKE BASINGER, SENIOR PLANNER, AICP GAIL KOGLE CARY DRISKELL, DEPUTY CITY ATTORNEY MARCIA SANDS DEANNA GRIFFITH, ADMIN ART SHARPE VVVVW.SPOKANEVALLEY.ORG CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: December 11, 2008 City Manager Sign-off: Item: Check all that apply: consent Wold business n new business ®public hearing ❑ information �n admin. report pending legislation AGENDA ITEM TITLE: Continued public hearing to amend the density limitations of Section 19.110.030 (Airport Hazard Overlay) of the Spokane Valley Municipal Code (SVMC). Reference file number CTA-04-08. GOVERNING LEGISLATION: RCW 36.70., 14 CFR 77 and SVMC 19.110.030 PREVIOUS PLANNING COMMISSION ACTION TAKEN: None BACKGROUND: Upon incorporation the City adopted the Spokane County airport overlay regulations on an interim basis. The City adopted their own airport hazard overlay regulations to protect Felts Field by Ordinance 06-002 on February 28, 2006. The regulations were carried forward in Spokane Valley Municipal Code (SVMC) Section 19.110.030 with the adoption of the new zoning regulations (uniform development code) adopted in September of 2007 and was effective October 28th, 2007. Concerns have been voiced by citizens and agencies regarding the density limitations of Zone 6 within the airport hazard overlay zone. Staff was directed by the City Council to review this issue and propose possible alternatives to change the density limitation. The Planning Commission held a study session on October 9, 2008. The public hearing with the Planning Commission was held on October 23, 2008 and was continued to December 11, 2008. Felts Field was originally a park with a portion set aside in 1920 as an airport. In 1926 the Civil Aeronautics Board recognized Felts Field as an airport. 1940 Spokane County Commissioners purchased Sunset Field, now know as Spokane International Airport (SIA) for development of an air carrier as a replacement to Felts Field. In 1980 the operations were 122,720 compared to 75,399 in 2000. In 1997 operations hit a low of 62,883 and have been rising since then. Between 1997 and 1998 operations increased by approximately 9,000. Since 1999 airport operations have consistently increased approximately one (1) percent per year. The airport is currently operating with 80,000 to 85,000 aircrafts per year. Operations are defined as takeoffs and landings performed by an aircraft. See attached exhibit with a graph showing historical operations and existing forecasts. SEPA: Pursuant to Title 21 (Environmental Controls) of the Spokane Valley Municipal Code (SVMC), the Planning Division issued a Determination of Non-Significance (DNS) for the proposal on October 3, 2008. This decision was made after review of a completed environmental checklist and other information on file with the lead agency. December 11,2008(Continued Public Hearing) Request for Planning Commission Action on CTA-04-08 NOTICING: Following the issuance of the notice of public hearing mailed and published on October 3, 2007, the City has not received any public comment. Staff concludes that adequate public noticing was conducted in accordance with adopted public noticing procedures of Title 17 of the Spokane Valley Municipal Code (SVMC). ANALYSIS: The four (4) options below have been formulated by staff as alternatives to change density limitation of one (1) dwelling unit per two and one half (21/) acres within Zone 6 of the Airport Hazard Overlay. Each option is being reviewed to determine if the approval criteria established in Section 17.80.150(F) of the SVMC can be met. At the study session on October 9, 2008 an additional option was requested by the Planning Commission for staff to evaluate which is referenced as option 5. Following the public hearing on October 23, 2008 staff reevaluated Option 4 and modified recommended requirements. 1. Option 1: No change to current density limitation in table 19-110-1 a. Criteria: The proposed amendment is consistent with the applicable provisions of the Comprehensive Plan. Staff Comment: The current regulations are in direct conformance with Goal TG-13 and policies TP-13.1 and TP-13.2 of the City's adopted Comprehensive Plan. b. Criteria: The proposed amendment(s) bear a substantial relation to the public health, safety, welfare and protection of the environment. Staff Comment: The current regulations provide the highest level of protection from incompatible and inconsistent densities in relation to Felts Field. 2. Option 2: Allow density of current zoning within Zone 6 of the airport hazard overlay. a. Criteria: The proposed amendment is consistent with the applicable provisions of the Comprehensive Plan. Staff Comment: Policy TP-13.2 within the Comprehensive Plan states "discourage...density adjacent to the airport" within the airport hazard overlay. There are a handful of parcels that are at least double in size that could be developed under the R-2 zone that are directly adjacent to the designated airport boundary and runway that would be in direct conflict with policy TP-13.2. The majority of the land area within Zone 6 is fully built out with residential uses. The number of potential parcels that could be developed between the R-2 and R-4 zones is 388 parcels located throughout the 6,000 foot radius of Zone 6. This option conflicts by allowing density within an area that should be protected from encroachments that may create safety hazards and exposure to noise, however the majority of potential new lots would be located more than 3,000 feet from the runway. There are approximately 1,154 existing parcels in the R-2 zone with 152 parcels that could potentially be further developed. The R-4 zone has 155 existing parcels and 76 have the potential being further divided. The total number between the R-2 and R-4 zones that have the potential to be further divided is 388. The analysis Page 2 of 6 December 11,2008(Continued Public Hearing) Request for Planning Commission Action on CTA-04-08 was done only to evaluate lot size for further development. A lot specific analysis was not completed. There may be other factors that limit development of a property even though the lot size is large enough. b. Criteria: The proposed amendment(s) bear a substantial relation to the public health, safety, welfare and protection of the environment. Staff Comment: The density increase would allow for additional growth and provide more options for locations of housing within the City of Spokane Valley. It has not been determined if capacity exists to provide services to additional residences however this concern is not significantly detrimental to the public health, safety, welfare and environmental protection. The increase in density does not bear a substantial relation to the protection of Felts Field with the creation of man-made hazards and encroachments that could pose a safety hazard for aircraft or create an increase in exposure to noise from aircraft. 3. Option 3: Allow density to be limited to the R-2 zoning regulations within Zone 6. a. Criteria: The proposed amendment is consistent with the applicable provisions of the Comprehensive Plan. Staff Comment: Policy TP-13.2 within the Comprehensive Plan states "discourage...density adjacent to the airport" within the airport hazard overlay. This option conflicts by allowing density within an area that should be protected from encroachments that may create safety hazards and exposure to noise, however the majority of potential new lots are located more than 3,000 feet from the runway. The R-2 zone has 152 parcels that could potentially be further developed. The R-4 zone has 23 parcels 20,000 square feet or greater with the potential of being further divided under the R-2 development standards. The total number between the R-2 and R-4 zones that have the potential to be further divided is 175. The analysis was done only to evaluate lot size for further development. A lot specific analysis was not completed. There may be other factors that limit development of a property even though the lot size is large enough. b. Criteria: The proposed amendment(s) bear a substantial relation to the public health, safety, welfare and protection of the environment. Staff Comment: The density increase would allow for additional growth and provide more options for locations of housing within the City of Spokane Valley. It has not been determined if capacity exists to provide services to additional residences however this concern is not significantly detrimental to the public health, safety, welfare and environmental protection. 4. Option 4: Allow density of underlying zoning within Zone 6, however development must comply with a minimum of one (1) of the following exceptions; (a) The site had water or sewer stubs installed for future development prior to the adoption of the City of Spokane Valley initial airport hazard overlay regulations on 2-28-06 by Ordinance 06-002; or Page 3 of 6 December 11,2008(Continued Public Hearing) Request for Planning Commission Action on CTA-04-08 (b) Consistent with adjacent (not across public rights of way) property sizes for proposed development; or (c) More than one residence is located on a property, excluding any residence used at one time for a dependent relative, may develop property consistent with underlining zone to make conforming. In addition, language shall be placed upon the face of the final plat to serve as notification of possible increase in noise and require sound proofing on all new construction to be located in Section 19.110.030.6. a. Criteria: The proposed amendment is consistent with the applicable provisions of the Comprehensive Plan. Staff Comment: Policy TP-13.2 within the Comprehensive Plan states "discourage...density adjacent to the airport" within the airport hazard overlay. The proposed option of allowing development with exceptions would provide those properties that have had the intent of further land division to proceed. This option conflicts by allowing density within an area that should be protected from encroachments that may create safety hazards and exposure to noise, however the majority of potential new lots are located more than 3,000 feet from the runway. The installation of water and sewer stubs is consistent with Goal CFP-9. The data collected from the Spokane County Division of Utilities shows approximately 224 lots within Zone 6 have been stubbed for sewer. There are 79 lots that received two or more sewer stubs. Orchard Avenue Irrigation District data shows approximately 35 lots received extra water stubs within Zone 6. There are a total of 12 lots that received water and sewer stubs within Zone 6. b. Criteria: The proposed amendment(s) bear a substantial relation to the public health, safety, welfare and protection of the environment. Staff Comment: The density increase would allow for additional growth and provide more options for locations of housing within the City of Spokane Valley. It has not been determined if capacity exists to provide services to additional residences however this concern is not significantly detrimental to the public health, safety, welfare and environmental protection. 5. Option 5: Divide Zone 6 into north and south with Trent Avenue (SR-290) as a divider. This option was proposed by the Planning Commission at the study session held on October 9, 2008. This option, if considered would need to be further defined to determine which amount of density is allowed in each section (north and south). a. Criteria: The proposed amendment is consistent with the applicable provisions of the Comprehensive Plan. Staff Comment: Policy TP-13.2 within the Comprehensive Plan states "discourage...density adjacent to the airport" within the airport hazard overlay. This option conflicts by allowing density within an area that should be protected from encroachments that may create safety hazards. If determined to be divided at current zoning standards the proposed north section of Zone 6 (north of Trent Avenue) then R-2 has 148 parcels and R-4 has 71 parcels with the potential to be divided. The proposed south Page 4 of 6 December 11,2008(Continued Public Hearing) Request for Planning Commission Action on CTA-04-08 section of zone 6 (south of Trent Avenue) has 4 parcels in R-2 and 5 parcels in R-4 that have the potential of being divided at with current Inning standards. The analysis was done only to evaluate lot size for further development. A lot specific analysis was not completed. There may be other factors that limit development of a property even though the lot size is large enough. b. Criteria: The proposed amendment(s) bear a substantial relation to the public health, safety, welfare and protection of the environment. Staff Comment: The density increase would allow for additional growth and provide more options for locations of housing within the City of Spokane Valley. It has not been determined if capacity exists to provide services to additional residences however this concern is not significantly detrimental to the public health, safety, welfare and environmental protection. OPTIONS: I. No change to current density limitation in table 19.110-1 2. Allow density of current zoning within Zone 6 of the airport hazard overlay. 3. Allow density to be limited to the R-2 zoning regulations within Zone 6. 4. Allow density of underlying zoning within Zone 6, however development must comply with a minimum of one (1) of the following exceptions; (a) The site had water or sewer stubs installed for future development prior to the adoption of the City of Spokane Valley initial airport hazard overlay regulations on 2-28-06 by Ordinance 06-002; or (b) Consistent with adjacent (not across public rights of way) property sizes for proposed development; or (c) More than one residence is located on a property, excluding any residence used at one time for a dependent relative, may develop property consistent with underlining zone to make conforming. In addition, language shall be placed upon the face of the final plat to serve as notification of possible increase in noise and require sound proofing on all new construction to be located in Section 19.110.030G. 5. Divide Zone 6 into north and south with Trent Avenue (SR-290) as a divider. 6. RECOMMENDED ACTION: Staff recommends Option 4 as previously described which amends Zone 6 density limitations to allow density of underlying zoning within Zone 6, however development must comply with a minimum of one (1) of the following exceptions; (a) The site had water or sewer stubs installed for future development prior to the adoption of the City of Spokane Valley initial airport hazard overlay regulations on 2-28-06 by Ordinance 06-002; or (b) Consistent with adjacent (not across public rights of way) property sizes for proposed development; or (c) More than one residence is located on a property, excluding any residence used at one time for a dependent relative, may develop property consistent with underlining zone to make conforming. In addition, language shall be placed upon the face of the final plat to serve as notification of possible increase in noise and require sound proofing on all new construction to be located in Section 19.110.030G. Staff recommends this proposed change be forwarded on to the City Council. Page 5 of 6 December 11,2008(Continued Public Hearing) Request for Planning Commission Action on CTA-04-08 i6-1\U STAFF CONTACT: Karen Kendall, Assistant Planner;\4-(B ATTACHMENTS: (1) Updated Amended Table 19-110-1 Page 6 of 6 Amended Table 9-110-1 of the Spokane Valley Municipal Code Table 19-110-1 Airport Land Use Compatibility Prohibited Uses Prohibited Uses Airport Land Use Compatibility Zones 1 2 3 4 5 6 Single-family Residential • e o 0 • 0 1 du/2.5 acre 1 du/5 1 du/ 2.5 Underlying Maximum Density** n/a n/a acres acre n/a zone(1) Manufactured Housing Parks 0 e e • • e Multi-family Residential o e a e a • Schools o a a a o a Parks& Playgrounds o a a a • o Hospitals a 0 a 0 0 c Nursing Homes 0 o a a 0 0 Daycare a a I a o a 0 Churches 0 0 0 0 0 0 Hazardous Material Storage 0 I 0 • • Flammable Materials o 0 0 0 0 Storage Incinerators o 0 a a a a Overhead utilities o o a 0 o a High Intensity Uses a a a a a 0 Prohibited Uses ** e Density limited (1)lifiitr:ii Co!inl)I\'with a muiir"rltim of one(1) of the following Cueli:t; a. The site had water or sewer stubs installed for future development prior to the adoption of the City of Spokane Valley initial airport hazard overlay regulations on 2- 28-06 by Ordinance 06-002; or b. Contiguous parcel with a minimum lot size less than or equal to underlying zone; or c. More than one residence is located on a property, excluding any residence used at one time for a dependent relative, may develop property consistent with underlining zone to make conforming. 19.110.030.6,5 All final short plats and final subdivisions located within Zoite 6 of the Airport Hazard Overlay shall contain the following dedication language on the face of the Mylar; a. Sound proofing measures shall be taken on any new residential dwelling located within Zone 6 of the City of Spokane Valley Airport Hazard Overlay Zone. b. These lots are located in an Airport Hazard Overlay that may be subject to increased noise levels. CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: December 11, 2008 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ' ew business ® public hearing ❑ information ❑ admin. report pending legislation AGENDA ITEM TITLE: Public Hearing to amend Title 20, Subdivision Regulations, Table 17.80-1, and Appendix A— Definitions of the Spokane Valley Municipal Code. GOVERNING LEGISLATION: RCW 36.70A , RCW 35A.63, and SVMC 17.80.150 PREVIOUS PLANNING COMMISSION ACTION TAKEN: None BACKGROUND: The Uniform Development Code was adopted in September of 2007 and was effective October 28th, 2007. Title 20, Subdivision Regulations, was one of the new titles implemented at that time. Subsequently, staff, surveying professionals, and the public have identified numerous errors, inconsistencies, impractical items, and even processes that have been omitted. The ordinance was reviewed by David Evans and Associates (DEA) and representatives of the Inland Empire Chapter of the Land Surveyors' of Washington (LSAW). Comments from both parties, as well as staff, have been incorporated into the draft. Staff has met with the LSAW representatives and while it is apparent that some disagreement exists on certain issues, it appears that the major issues have been resolved. During the review process, it became apparent that certain requirements within the code were unreasonable and prevented most plats reviewed under these guidelines from being recorded. In order to alleviate the problem an emergency code amendment, Ordinance # 08-021, was passed on October 14, 2008, that eliminated references to high accuracy standards and electronic submittal requirements. The review process also identified additional changes necessary in Section 17.80 Permit Processing Procedures Table 17.80-1 — Permit Type and Land Use Application, and Appendix A -Definitions section of the Municipal Code. The table in Title 17 classifies land use actions as permit types to identify the review process. During the review it was noted that a plat vacation was not categorized in the table. Plat Vacation has been added as a Type Ill process, and record of survey to establish lots within a BSP has been added as a Type I process consistent with the suggested change in section 20.60.040. Due to new terminology used within the code it was necessary to develop a definition for the terms Professional Land Surveyor and Lot width, average. Legal Counsel provided comments on the document on December 2, 2008 and these comments may result in a slight modification to the language in section 20.40.040 Bond in lieu of construction limitations. This matter is currently being discussed by staff, and any changes proposed will be presented at the meeting for consideration. A table is attached that identifies the majority of changes proposed, but excludes some of the minor changes that may include rewording for clarification or word insertions. The specific code RPCA 06-08—December 11, 2008 Page 1 of 3 section, the issue, and the recommended change are noted in the table. It may be helpful to reference the table as you review the document to understand why a change is proposed. SEPA: Pursuant to Title 21 (Environmental Controls) of the Spokane Valley Municipal Code (SVMC), the Planning Division issued a Determination of Non-Significance (DNS) for the proposal on November 21, 2008. This decision was made after review of a completed environmental checklist and other information on file with the lead agency. NOTICING: The notice of public hearing was mailed and published on November 21, 2008. In addition to utility companies and service providers, the notice was provided to special interest groups involved in the land surveying and development community. The City has not received any public comment as of this date. Pursuant to RCW 36.70A.106 a notice of intent to amend the Development Regulations was provided to Washington State Department of Community, Trade and Economic Development on November 20, 2008. Staff concludes that adequate public noticing was conducted in accordance with adopted public noticing procedures of Title 17 of the Spokane Valley Municipal Code (SVMC). ANALYSIS: Spokane Valley Municipal Code Section 17.80.150.F provides approval criteria that amendments of the Spokane Valley Municipal Code must meet. Those criteria include: 1. The proposed amendment(s) are consistent with the applicable provisions of the Comprehensive Plan. 2. The proposed amendment(s) bear a substantial relation to the public health, safety, welfare and protection of the environment. The applicable goals or policies of the Comprehensive Plan are: LUG-13 requires the City to develop and maintain an efficient and timely development review process. Maintaining an efficient and timely review process requires review and modification. The update is consistent with this goal. Policy LUP-13.1 requires that the City maximize efficiency of the development review process by continuously evaluating the permitting process and modifying as appropriate. The review and update of the code is consistent with the policy to modify as appropriate. Policy LUP-13.2 requires that the City assist developers with proposals by continuing to offer pre-application meetings in order to produce projects that will be reviewed efficiently. The short plat application process currently does not require that the applicant attend a pre-application conference. Staff's experience indicates applicants that do not attend the conferences are more likely to have incomplete applications, which results in delays in the permit review process. The specific code amendment that requires short plat applicants attend pre-application conferences unless the requirement is waived facilitates a quicker review process for inexperienced developers, and allows the requirement to be waived if the meeting is unnecessary. The proposed update does not impact public health, safety or protection of the environment, but it is in the interest of public welfare to provide an efficient ordinance for the review of short plats, subdivisions, and binding site plans. RPCA 06-08—December 11, 2008 Page 2 of 3 OPTIONS: 1. Recommend approval as drafted; 2. Recommend approval with modifications; if the modifications are substantial, the Commission must conduct a public hearing on the modified proposal prior to referring it to Council; or 3. Recommend that the proposal not be adopted by the Council. RECOMMENDED ACTION: Recommend to City Council to amend Title 20, Subdivision Regulations, Table 17.80-1 — Permit Type and Land Use Application, and Appendix A - Definitions of the Spokane Valley Municipal Code as indicated in the attached Drafts with the modifications noted by staff. BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Lori Barlow, Associate Planner ATTACHMENTS: (1) Title 20 Amended Text (2) Table 17.80.1 — Permit Type and Land Use Application (3) Table of Changes RPCA 06-08—December 11, 2008 Page 3 of 3 Title 20 Update Explanation Table of Proposed Changes Plannin' Commission Meetin' —December 11, 2008 " . u r�~ .�-.:14. �.masiza st/ uo J ; Suggested-Chanb e • ' 20.20 General Provisions 20.20.030.0 Legal Omits the word City as seen in 20.20.030.A and 20.20.030.B Insert the word City so that it mimics the language in the Lots previous sections. 20.20.060 Vertical Correct the vertical datum reference. Change reference to North American Vertical Datum datum. (NAVD) 20.20.070 Due to the placement of concrete sidewalks and curb,the requirement to Clarify that monumentation is required by City constructions Monumentation. place iron at the corner may be difficult to achieve. The question of standards and eliminate the specific reference to using an what consists of a permanent monument has also been a point of iron rod or iron pipe as the only method of permanent argument. monumentation. 20.20.090.B.1 Side Some sites may have conditions such as views or topography where it Create a flexible option that allows the side lot lines to be lot lines may make it desirable to establish side lot lines other than perpendicular less than perpendicular to the street right-of-way. to the right of way. However, lot lines that deviate from perpendicular to a great extent can create access problems. 20.20.090.B.2 LSAW has raised the issue and requested a larger radius at the corner. Establish a standard for property lines at corner lots that Development Engineering is concerned that improvements be located addresses the intersection of arterial streets,and the potential within the right of way or border easement. The border easement allows need for traffic light infrastructure or signage,with an arc for a greater area to be included within the lot,and also insures that the rather than a straight line. See the graphic in the ordinance. property is maintained. 20.20.090.B.2.c The reference to low density residential development appears vague.The Replace low density development language with single and issue is that single family and two-family corner lots need to be greater two-family reference to clarify when the width increase is in width to accommodate the two street frontage setbacks. required. 20.20.090.B.3.c. Lot The average width calculation is not defined,nor how the average width Provide average width calculation in the definitions Depth is calculated when there is an angle point in the side line of the lot? appendix. Lot width, average. "Average lot width"means the sum of the length of the front and rear lot line divided by two. In the case of irregularly shaped lots having four or more sides, "average lot width" is the sum of the length of two lines, drawn perpendicular to one side line at the widest and narrowest portions of the lot,divided by two. 20.20.090C.1 Blocic The blocic length is inconsistent with the new street standards proposed. Insert language that requires consistency with Street Length All standards should be in the adopted Street Standards. Standards. 20.20.090.C.2.Block The language does not allow for the numbering of the Blocks and lot Replace"alphabetical"with numerical"and include lots. y �, �� z_ �� Planning Commission Meeting—December 11, 2008 � . .�.._...�.�._� �. Y '�� M_ Page 1 of 6 ,.f . ,54ANt. eADMe ` OA 0 WAD gggested Change Labeling. numbering is not mentioned 20.20.090.C.3 Street The street alignment criteria does not reference the adopted Street Insert Street Standards and Comprehensive Plan as items to Alignment Standards or Comprehensive Plan as design considerations. be considered in street alignment. 20.20.090.D The code allows a"shadow"plat to be required if lots I acre or greater Insert language that notes that the drawing must take into are being established,but does not identify to what extent the drawing consideration the adopted Arterial and Local Access Street will be binding. The issue is to insure that development does not Master Plan and that the drawing shall be binding to the preclude the extension of streets planned for in the adopted arterial and extent that future structures may not be placed within the local access street master plan. setback area from the future right of way. 20.20.090. F Lot Private driveways require an easement. Clarify text to call out private driveway easement. Every lot Access shall have direct access to a paved public street,private street,or an easement for a private driveway easement. 20.20.090.G Access The code does not require alleys to be improved prior to filing of the Insert alleys into the list of access improvements required Improvements final plat as part of the access improvements. prior to plat recording. 20.20.090.M The code omits border easements from the list of where underground Include border easements as an area where underground utilities can be located. utilities may be located. 20.20.110 (New The code does not provide the method to subdivide attached single- Insert provisions that allow attached single family short plats section proposed— family dwellings unless they are part of a planned unit development with and subdivisions as well as alterations. Attached single a minimum site size of 5 acres. family subdivision) Preliminary Short Subdivisions, Subdivisions and Binding Site Plans Inconsistent with table 17.80-2 and section 17.80.080.B Pre-application Create consistency by modifying the text to require a pre-ap 20.30.010 Conference which requires applicant to schedule a pre-ap unless the for a short plat or binding site plan,similar to a subdivision, Application Director waives the requirement as allowed in 17.80.080.C. unless the Director waives the requirement. 1. 20.30.020.A.3 and 20.30.020.A.6 Spokane County Assessor's Map. 1. Add language to reflect that the public notice packet 20.30.020 Current practice is to request the map and public notice packet once the include the assessor's map and title company's search current Contents of application has been determined to be complete.The process has been within 60 days of the application submittal date,and notify application. utilized to insure that the applicant does not have to pay twice for the the applicant that if it takes longer than 60 days to receive a title company's search if it takes longer than 30 days for the application complete application,a new packet will be required. to be determined complete. 2. Include the legal description on the preliminary plat. 2. 20.30.020..4 Legal Description. The legal description does not need Remove text from exhibit section and require as item to be to be an exhibit,but could be included on the plat. shown on the plat. 3. 20.30.020.5 Electronic file. Since this is a preliminary submittal,the 3. Eliminate requirement to provide electronic files at the information supplied may be of little or no value to the City. Most preliminary plat stage.Note: This iwwas completed by developers and surveyors would be doing the minimum amount of work emergency ordinance. to get to the point of preliminary submittal. Once approved they would _ Planning Commission Meeting—December 11, 2008 ^�� -..� � Page 2 of 6 • Code Section, MAY.0 0 3-. r`" ._.. Suggestedhange' ry C then proceed with getting the complete and accurate information onto 4. Clarify that SEPA may be required for a short plat under the map. specific circumstances. 4. 20.30.020.6 SEPA review is required for a subdivision and BSP and 5. Insert a requirement to provide a plat certificate at sometimes required for a Short Plat if the grading,filling,or excavation preliminary plat stage. greater than 500 cubic yards occurs. 5. (New 20.30.020.5)A plat certificate is not required at the preliminary review stage. The plat certificate provides information to the reviewers at the preliminary stage that identifies issues that should be considered in determining conditions of approval. 20.30.020- 1. 20.30.020.B.3 State law requires the section,township,range and 1. Insert"quarter-quarter"text B. Preliminary short quarter quarter of the section information on all surveys. subdivision, 2. Eliminate the text from this section and move to subdivision or 2. 20.30.020.B.* Written narrative. The written narrative should not be contents of application section as a separate exhibit. binding site plan data shown on the plat,but a separate exhibit. (to be included on 3. Clarify the scale and identify what is to be shown. the preliminary short 3.20.30.020.B.5 Vicinity Map. The requirement does not stipulate a plat,plat or binding scale or extent. 4. Include border easements in list of easements required site plan). to be shown on preliminary plat. 4. 20.30.020.B.10 The code does not identify border easements as required to be shown at preliminary plat stage. Border easements are 5. Insert language that requires flood hazard areas to be known prior to submittal and are useful to the review process in order to shown. assess adequate buildable area of the lot. 6. Identify when contour information is to be shown and 5. 20.30.020.B.12 The code does not require flood hazard areas to be at what intervals, and eliminate the requirement that a land shown on the preliminary plat as part of the natural features required to surveyor must provide the data. be shown. 7. Eliminate repetitive language from site data table and 6. 20.30.020.B.14 Topographic information. This seems to imply that request only information not shown elsewhere on the plat. there is a requirement for topographic information(collected by a surveyor)on flat ground. Land surveyors have requested that other 8. Eliminate Boundary Points and high accuracy standard topography sources be allowed requirement at preliminary plat stage. Done by emergency ordinance. 7. 20.30.020.B.15 Site Data Table. Some of the information requested (lot area and frontage) in this table is usually shown in the map portion of the preliminary plat and will be repeated here. Planning Commission Meeting—December 11, 2008 ��. � � � -4 �`� ..�_,..�... T Page 3 of 6 �.,. • � � ` ' '� • ' ��^�u' g�m�_�_,�� ,�^m,e^^,'. � ��_,��°r�-»^ ^�~r��. s ed .ehange . - ' �^ 8. 20.30.020.B.16 Boundary points for corners. This paragraph appear to require that boundary determination and corners are set prior to preliminary submittal. Boundary corners and interior corners are typically not set until the final plat is submitted. Nearby buildings or large trees may prevent the use of GPS on the boundary corners. This paragraph will also prevent a surveyor that does not use GPS from submitting any work to the City. The accuracy standards sighted are very high and will require oignifiuunteffort hythe surveyor. These requirements may even be stricter than the GPS work done by Spokane County engineering Dept. prior to City incorporation. Final Short Subdivisions, Subdivisions and Binding Site Plans 20.40.OlO.B.4 National CAD standards will require a level of oversight by the City to Add language that requires the electronic files to be provided Electronic file ensure that they will be getting what is required. These standards would as a pdf,tiff,or bitmap at the time the mylars are provided, submittal add another level of effort for most surveyors and would increase costs. and eliminate the unnecessary references to CAD standards. It is believed that most electronic work is considered protected by copyright laws. This will also prevent a surveyor that does not use CAD from submitting any work to the City. Staff note: the electronic files have no value until they are in the final form,and no further changes will be made. 20.40.010.C.8.Plat The last line seems to contradict item 6 in that segment and item 2040.0lO.C.8. Plat boundary and street center monumet boundary and street 20.20.090'D.l DEA suggests adding the clarification language on the lines having curves shall show radius,arc,central angle and monument lines; right. tangent for each curve and radial bearings where curve is intersected by a non-tangent line. Spiral curves shall show two spiral curve elements in addition to the chord bearing and length; 20.40.010.C.9 Radial No requirement to show radial bearings for lot corners that are at the Insert language to require radial bearings at lot corners. Bearings beginning or ending of a tangent curve. 20.40.OlO.C.l1. Ele Elevation bench mark. It is unclear in this title when permanent bench Eliminate the requirement for elevations to be shown,or vations marks are required. require that elevations only be shown on plats within the airport hazard overlay zone. DEA suggests eliminating the requirement for elevation benchmarks. However, there may be some value when the properly is located in the airport hazard overlay zone. 20.40.010.C.12.Net Net area. How does this"net area for each platted lot exclusive of the Clarify that the net area must meet the minimum lot area for area right of way"affect lots that have their ownership up to the centerline of that zoning district. This would require that a change be _ etio _ ,s i e .0 V S u e ted han e _ a private driveway or private lane? Is there"right of way"for lots that made within the residential development standards in 19.40. own up to the centerline of a private lane? This change is currently being processed as part of CTA 07- 08. 20.40.010.C.13.Bou Boundary Points for corners. Similar comments have been made above. Change the reference point to be the current control network ndary points As this information has been asked for at the time of the preliminary plat as established by the Spokane County GPS control project submittal,this would appear to be redundant. What requirements are and that coordinate system. The controlling points used by thereof for the map of the control system? An expert in GPS this subdivision shall be indicated on the map. This section measurement may be needed to review to ensure that this requirement is was eliminated by emergency ordinance in its entirety so that being met. This paragraph will also prevent a surveyor that does not use plats could be recorded. The proposed language becomes a GPS from submitting any work to the City. new insertion into the code. 20.40.020 Contents The reference to city standards for road construction is unclear. All Eliminate city standards for road construction and insert any of final plat standards will be in the adopted street standards,so the reference should applicable city standards. be to all applicable city standards. 20.40.020.B State law currently requires the section,township,range and quarter Add quarter-quarter text. quarter of the section information on all surveys. 20.40.020.0 Language in parenthesis is redundant Eliminate redundant language 20.40.020.0. layout, Block Numbers. This seems to contradict 20.20.090.C.2 Clarify that block numbers or letters may be used. lot and block numbers 20.40.020.M Notarized certification. currently titled as an"Acknowledgement"on the 20.40.020.M A notarized certification,and Notarized plat? If a dedication is occurring to a benefactor other than the city, i.e. acknowledgement by the owner(s)and beneficiary if other certification open space,etc. an acknowledgement by the benefactor of the property than the city as shown on a current plat certificate shall be may be required. provided dedicating streets,areas intended for other public use,and granting of easements for slope and utilities. 20.40.020.N Land Surveyors have pointed out that the certification should be Insert text which indicates the RCW. consistent with RCW 58.09. 20.40.020.0 Final Public works is not required to sign. Eliminate public works and replace with Development approval signatures Services Senior Engineer; eliminate water district and fire Water purveyor and fire department are also not required to sign? department as required signatures. Insert 20.40.035 Add recordation language to make applicant aware that recording fees are 20.40.035 Recordation.The department shall record approved Recordation required to be paid by applicant. short plats,subdivisions,and binding site plans with the Spokane County auditor's office and submit copies of the recorded documents to the Spokane County assessor's office. All fees for such recording shall be paid by the applicant prior to recording. 20.40.040 Bond in Existing bond criteria is to constraining. Establish more flexible criteria Insert additional language to allow bonding if a commercial lieu of construction that would allow the developer to bond prior to final plat approval. project is underway, increase the time limits from 12 months Planning Commission Meeting—December 11, 2008 Page 5 of 6 • de 'ec.t'o Comment",0 rr�4 �yt - .: - — - Suggested Chane °'• to 18 months and establish a bond amount. 20.40.050 Phasing The code does not allow phasing for a BSP,only for a subdivision. Include language that allows BSP to be phased. Final Plat and Short Plat Alterations 20.60.030 Final BSP's are not addressed in the alteration section. Add Binding Site Plan to the alteration process. BSP are a short plat alterations type II process so they are included with the provisions to alter a short plat. Also make changes to title,and application paragraph(20.60.010) 20.60.040 -New Binding site plans are intended to be flexible alternatives to platting. Establish section 20.40.060 which allows a record of survey section Since BSP's are processed the same as a short plat the city would like to to be used to create new lots within a binding site plan. The establish a less time constraining review process to allow changes within review and approval process would be categorized as a Type I the boundaries of a recorded binding site plan. permit with a 30 day review and approval time limit. item may need to be moved to the plat alteration section for fee purposes. Title 17 should be amended to include BSP record of survey as a type I application. Plat Vacation 20.70.020 Plat The text notes that a plat vacation is classified as a type III application. Title 17 should be amended to include plat vacation as a Vacation Process However,Title 17,table 17.80-1 does not list a plat vacation as a Type IlI type III application. process. Boundary Line Adjustments/Eliminations 20.80.030.B.4 It appears that proposed property lines are required for both a BLA and Clarify that a proposed property line is only required if Elimination. applicable,which it would be for a BLA. 20.80.030.F Record of survey. It now appears that a Record of Survey will be Clarify that a record of survey is only required for a BLA in required for all Boundary Line Adjustments or Eliminations. section 20.80.030.F Planning Commission Meeting—December 11, 2008 � �� "t_ �� W Page 6 of 6 17.80.030 Assignment of development application classification. A. Assignment by Table. Land use and development applications shall be classified pursuant to the following table: Table 17.80-1 —Permit Type and Land Use Application Type Land Use and Development Application SVMC ces Refereennce Accessory dwelling units 19.40.100 Administrative determinations by community development director, public works Multiple director, or building official Administrative exception 19.140 Administrative interpretation 17.50.010 Boundary line adjustments and eliminations 20.80 Home occupation permit 19.40.140 Record of Survey to Establish Lots within a Binding Site Plan 20.60.040 Type I Right-of-way permits 22.130.060 Shoreline permit exemption (dock permit) 21.50 Site plan review 19.130 Temporary use permit 19.160 Time extensions for preliminary subdivision, short subdivision or binding site 20.30.060 plan Floodplain development 21.30 Building permits not subject to SEPA 21.20.040 Grading permits 24.50 Binding site plan— Preliminary and final 20.50 Binding site plan—Change of conditions 20.50 Wireless communication facilities 22.120 Subdivision—Final 20.40 Type II Plat alterations—Final 20.60 SEPA threshold determination 21.20.060 Preliminary short subdivision, binding site plan—Change of conditions 20.30 Shoreline substantial development permit 21.50 Short subdivision— Preliminary and final 20.30, 20.40 Conditional use permits 19.150 Subdivisions— Preliminary 20.30 T e III Variance 19.170 Yp Preliminary subdivision—Change of conditions 20.50 Zoning map amendments (site-specific rezones) 19.30.030 Plat Vacation 20.70.020 !Annual Comprehensive Plan amendments (text and/or map) 17.80.140 IV Type Area-wide zoning map amendments 17.80.140 Development code text amendments 17.80.150 B. Assignment by Director. Land use and development applications not defined in SVMC Table 17.80-1 shall be assigned a type by the director, unless exempt under SVMC 17.80.040. When one or more procedure may be appropriate, the process providing the greatest opportunity for public notice shall be followed. (Ord. 07-015 §4, 2007). Title 20 SUBDIVISION REGULATIONS Chapters: 20.10 Authority 20.20 General Provisions 20.30 Preliminary Short Subdivisions, Subdivisions and Binding Site Plans 20.40 Final Short Subdivisions, Subdivisions, and Binding Site Plans 20.50 Preliminary Plat, Short Plat, and Binding Site Plan Alterations 20.60 Final Plat and Short Plat Alterations 20.70 Plat Vacation 20.80 Boundary Line Adjustments/Eliminations Title 20—Public Hearing Draft _ Y rn Page 1 of 25 November 21, 2008 Chapter 20.10 AUTHORITY Sections: 20,10.010 Purpose. 20.10.010 Purpose. This title is established in accordance with Chapter 58.17 RCW which authorizes cities to administer the process for the division of land. (Ord. 07-015 § 4, 2007). Chapter 20.20 GENERAL PROVISIONS Sections: 20.20.010 Purpose. 20.20.020 Exemptions. 20.20.030 Legal lot. 20.20.040 Approval required prior to recordation. 20.20.050 Prohibition against sale, lease or transfer of property. 20.20.060 Vertical datum. 20.20.070 Monumentation. 20.20.080 Professional land surveyor. 20.20.090 General design. 20.20.100 Findings. 20.20.110 Attached Single Family Subdivisions 20.20.010 Purpose. Pursuant to the purposes set forth in RCW 58.17.010, the regulations in this title are necessary to: A. Promote the health, safety, and general welfare in accordance with standards established by the state and the City; B. Promote effective use of land by preventing the overcrowding or scattered development which would be detrimental to health, safety, or the general welfare due to the lack of water supplies, sanitary sewer, drainage, transportation, or other public services, or excessive expenditure of public funds for such services; C. Avoid congestion and promote safe and convenient travel by the public on streets and highways through the proper planning and coordination of new streets within subdivisions with existing and planned streets in the surrounding community; D. Provide for adequate light and air; E. Provide for adequate water, sewage, drainage, parks and recreational areas, sites for schools and school grounds, and other public requirements; F. Provide for proper ingress and egress; G. Provide for housing and commercial needs of the community; Title 20—Public Hearing Draft Page 2 of 25 November 21, 2008 H. Require uniform monumentation of land divisions and conveyance of accurate legal descriptions; I. Protect environmentally sensitive areas; J. Provide for flexibility in site design to accommodate view enhancement and protection, protection of streams and wetlands, protection of steep slopes, and other environmentally significant or sensitive areas; K. To ensure consistency with and to further the goals and policies of the Comprehensive Plan; and L. To provide a process for the division of land for the following: 1. Short Subdivision or short plat. The division of land into nine or fewer lots, tracts, parcels, sites or divisions with a level of review that is proportional to the effect those lots may have on the surrounding area; 2. Subdivision or plat:-The division of land into 10 or more lots, tracts, parcels, sites or divisions with a level of review that is proportional to the effect those lots may have on the surrounding area; 3. Binding Site Plan. An alternative method of dividing property interests and I applying to the phased division of any land for sale or lease which is zoned for commercial, business, office, or industrial development, or which is to be developed as condominiums or a manufactured home park. (Ord. 07-015 § 4, 2007). 20.20.020 Exemptions. The provisions of this title shall not apply to: A. Cemeteries and other burial plots while used for that purpose (RCW 58.17.040(1)); B. Divisions made by testamentary provisions, or laws of descent (RCW 58.17.040(3)); C. Division of land into lots or tracts if such division is a result of subjecting a portion of the parcel or tract of land to either Chapter 64.32 RCW (Horizontal Regimes Act) or Chapter 64.34 RCW (Condominium Act) subsequent to the recording of a binding site plan for all such land (RCW 58.17.040(7)); D. Division of land due to condemnation or sale under threat thereof, by an agency or division of government vested with the power of eminent domain; E. Division or acquisition of land for public right-of-way as determined by the Director; F. A division of land for purpose of leasing land for facilities providing personal wireless services while used for that purpose (RCW 58.17.040(8)); and G. A division of land into lots or tracts of less than three acres that is recorded in accordance with Chapter 58.09 RCW, used or to be used for construction and operation of consumer or investor-owned electric utilities to meet the electrical needs of a utility's existing and new customers as set forth in RCW 58.17.040(9). (Ord. 07-015 § 4, 2007). 20.20.030 Legal lot. Development shall be permitted only on legally created lots. A lot is created in compliance with applicable state and local land segregation statutes or codes in effect at the time the lot was created or binding site plan was approved including, but not limited to, demonstrating the lot was created through one of the following: A. Lots created through subdivision, a plat approved by the City or Spokane County separately describing the lot in question; or Title 20—Public Hearing Draft ,_-....�W....��y.._�,._.�.W.._._...�...s.�.,,.......w..�_ � ' Page 3 of 25 ,T�.". November 21, 2008 B. Lots created through short subdivision, a short plat approved by the City or Spokane County separately describing the lot in question; or C. Lots created pursuant to a binding site plan process in effect at the time the I binding site plan was approved by the City or Spokane County; or D. A deed, contract of sale, mortgage, property tax segregation, plat, or recorded survey describing the lot in question if the instrument was: 1. Executed prior to March 24, 1980, for subdivisions (effective date of County's first subdivision ordinance) while the lot in question was under Spokane County jurisdiction; or 2. Executed prior to March 13, 1978 (effective date of County's first short subdivision ordinance), for short subdivisions while the lot in question was under Spokane County jurisdiction; or 3. Executed prior to July 1, 1969 (effective date of Chapter 58.17 RCW). (Ord. 07-015 § 4, 2007). 20.20.040 Approval required prior to recordation. Any map, plat or plan, unless previously exempt, hereafter made of a proposed short subdivision, subdivision or binding site plan, or any part thereof, shall be presented for approval and be recorded as set forth in SVMC 20.40.030. No such map, plat or plan shall be recorded or have any validity unless or until it has the approval of City departments and agencies with jurisdiction as required by this title. (Ord. 07-015 §4, 2007). 20.20.050 Prohibition against sale, lease or transfer of property. 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 approval hereunder by the City and recording the approved division 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. (Ord. 07-015 § 4, 2007). 20.20.060 Vertical datum. Where topography is required to be shown, the land survey data must be based on thea4,82,;a,- 3-astati North American Vertical Datum (NGAVD-88). (Ord. 07-015 § 4, 2007). 20.20.070 Monumentation. Right-of-way, street centerline and street intersection mfa. onumentation shall be established as f&u-i-Fe described by City adopted street - `' standards. In addition, for short subdivision, subdivision or binding site plans, every lot corner shall be marked or referenced withh n Fen .-c- ^.mon p;-pc mark-:d in a permanent manner with the registration number of the professional land surveyor in charge of the survey in accordance with state law. (Ord. 07-015 § 4, 2007). Title 20—Public Hearing Draft Page 4 of 25 November 21, 2008 20.20.080 Professional land surveyor. The preparation of all preliminary and final short subdivisions, subdivisions and binding site plans shall be made by or under the supervision of a professional land surveyor licensed in the State of Washington. The professional land surveyor shall certify on the final plat that it is a true and correct representation of the lands actually surveyed. A survey is required on all final plats. All surveys shall comply with Chapter 58.09 RCW, ,"ve7 R�^-r-d-ing Act, and a;rvey and land descriptions (Chapter WAC 332-130 \NAG). (Ord. 07-015 § 4, 2007). 20.20.090 General design. The design of short subdivisions, subdivisions and binding site plans shall conform to the requirements of all applicable City plans, regulations, and design and development standards. In addition: A. The design, shape, size, and orientation of the rasp lots should be appropriate for the use for which the divisions are intended, and the zoning and land use classification identified in the Comprehensive Plan of the area in which they are located. B. Lot Arrangement. 1. Side lot lines shall generally be perpendicular to public street rights-of-way, but may be within twenty degrees of perpendicular, or radial to the right-of-way in the case of curvilinear streets or cul-de-sacs. 2. Corner Lots. a. The lot lines at the intersection of two public streets shall be located a minimum of two feet behind the back of curb. -- a •-- _ + f- 'e- _ ^,'e _ _ _ - _ , _ _ _ :-::.� ,,•e _ • -f`e �., a-_ _ re -e e- _ � ie .. b.At the intersection of two arterial streets (collector, minor or principal), the applicant shall provide a widened border easement area behind the pedestrian ramp landing for the placement of street lights, traffic signals, et cetera and their related appurtenances (see Figure 20.20.1). This area shall extend a minimum of fifteen feet behind the landing. The boundary of this area shall be defined by an arc that is tangent at each end to the standard border easement, typically located behind the back of sidewalk, or right-of-way if there is no border easement in the vicinity. If this area is already fully contained within right-of-way then no additional border easement width will be required. The only utilities allowed within this area are those necessary for the function of the proposed lights, signals et i cetera. b. T ^ ` . c-- intersection e el - e . -- i cha!! run along the hypotenuse of the / ; l r rael 2 5i feed f ti, c��u,.,��L-�,rcrn the // 3I intersectien-�jacen. ;. - . _-0 W / o the front and SidraTof-+ho4ntiBORDER EASEMENT .7 75' TANGENT .— LANDING • SIDEWALK CURB RIGHT OF WAY 2' MIN. Figure 20.20.1 — — — G. Prcpepty-l;-ae-s-athe ARTERIAL into':-c'tion of public or private streets, Title 20—Public Hearing Draft Page 5 of 25Y-_. November 21, 2008 ald private dri-.cwa' - -_ • _ : "._, ^ -- ;. ^cod 150 feet in length -9-14e-11-be-curved .., . I joth curb lino „ aanncr approved by the u Corner lots in single family or two-family ccrying low density} residential development shall have an average width at least 15 percent greater than the width of interior lots along both adjacent streets to permit building setback and orientation to both streets. 3. Lot Dimensions. a. Lot dimensions shall comply with the minimum standards established in Chapter 19.40 SVMC; b. Flag lots are prohibited. Reverse flag lots providing access to alleys or amenities located to the rear of the property are permitted; c. No lot shall have an average depth greater than three times its average width. 4. Double Frontage Residential Lots. a. Double frontage and reverse frontage lots shall be avoided except where necessary to separate residential development from arterial roadway or to overcome specific disadvantages of topography and orientation; b. When lots back to arterials, a screening device shall be installed on the lot(s) limiting visibility between the arterial and the adjoining lots in accordance with Chapter 22.70 SVMC; c. No building, except buildings designed and constructed as two-family dwellings or one-family attached dwellings, shall be constructed on or across existing lot lines. Where buildings are designed and constructed on or across lot lines, the building shall be located so that the common wall separating the individual living units is located on and along the common lot lines of the adjoining lots. C. Block dimensions should reflect due regard to the needs of convenient access, public safety, connectivity, emergency vehicle access, topography, road maintenance, and the provision of suitable sites for the land use planned. 1. Block Length. Blocks--shall not-exceed 800 feet "c pt as provided in the .e=4 r- la+ionc for estate lots, unless unique characteristics c -- . ; h i^nd is4.4eh-as-c-Fe-eks, woods, cr parks justify o longer length. Block length shall be per the adopted Street Standards. 2. Block and Lot Labeling. Blocks and lots shall be identified in sequential = a- ctical or numerical order. 3. Street alignments shall be designed and constructed with appropriate consideration for existing and planned ;-o- streets, anticipated traffic patterns, topographic and drainage conditions, public safety, adopted Street Standards, Comprehensive Plan and the proposed use of the land so divided. D. When a tract is subdivided into lots of one acre or more in size, the community development director (hereafter referred to as the "director") may require an arrangement of the tracts lots and -sstreets, in conformance with the adopted Arterial and Local Access Street Master Plan such as to permit a subsequent redivision conformity with re..t.^ - The resulting plan shall be binding to the extent that structures shall not be allowed to be placed within the setback area from the future right-of-way. Title 20—Public Hearing Draft Page 6 of 25 November 21, 2008 E. Lots should not be divided by the boundary of any city, county, zoning designation, or public right-of-way. F. Every lot shall have direct access to a paved public street, private street, or an easement for a private driveway c^semcnt. G. Prior to filing the final short subdivision, subdivision or binding site plan application, the applicant shall improve or make appropriate provisions for the construction of the public or private streets, alleys or private driveways that provide access to lots being created through the short subdivision, subdivision, or binding site plan consistent with applicable City-adopted standards. H. Wastewater design shall be in compliance with all applicable City regulations and other jurisdictional agencyos' regulations. I. Adequate public domestic water supply and/or fire protection shall be provided in compliance with all applicable City regulations and other jurisdictional agency+s regulations. J. All road designs shall be in conformance with Chapter 22.130 SVMC and adopted street standards. K. Provisions for stormwater runoff shall be in compliance with City gui!clines regulations for stormwater management as set forth in Chapter 22.150 SVMC. L. Existing and proposed Eeasements for electric, water, sewer, gas, and similar utilities shall be illustrated on the : short plat, plat, or binding site plan. The utility purveyors shall indicate to the community development department (hereafter referred to as the "department") in writing that the easements are adequate for their service needs. M. The short subdivision, subdivision, or binding site plan shall provide for the location of underground utilities within public rights-of-way, border easements, alleys or utility easements including, but not limited to, those for electricity, communications and street lighting. When conditions make underground installation impractical, the director may waive the requirement for underground utilities. (Ord. 07-015 § 4, 2007). 20.20.100 Findings. Prior to approving any preliminary short subdivision, subdivision or binding site plan, the department in the case of short subdivisions and binding site plans or the hearing examiner in the case of subdivisions shall determine and make written findings of fact that appropriate provisions are made for the following: A. The public health, safety, and general welfare; B. Open spaces; C. Drainage ways; D. Streets or roads, alleys, sidewalks, and other public ways; E. Transit stops; F. Public potable water supplies; G. Sanitary sewer; H. Parks and recreation; I. Playgrounds, schools and school grounds; J. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; K. Whether the public interest will be served by the short subdivision, subdivision, and binding site plan; Title 20—Public Hearing Draft Page 7 of 25 November 21, 2008 L. The proposed short subdivision, subdivision or binding site plan is in conformity with all applicable development code provisions; and M. Other requirements found to be necessary and appropriate and for which written standards and policies have been adopted. (Ord. 07-015 § 4, 2007). 20.20.110 Attached Single Family Subdivisions Applications for an attached single family subdivision consisting of nine or fewer lots shall be submitted and processed according to the requirements for content and form for preliminary and final short subdivisions and process as stated in SVMC 22.30 through 22.40. Application for an attached single family subdivision consisting or 10 or more lots shall be submitted and processed according to the requirements for content and form for preliminary and final subdivisions as stated in SVMC 20.30 through 20.40. Application for alterations of any preliminary short subdivision or subdivision shall be submitted and processed according to the requirements of 20.50. Applications for alterations of any final short subdivision or subdivision shall be submitted and processed according to the requirements of 20.60. Applications for vacation of any plat shall be submitted and reviewed according to the requirements of SVMC 20.70. Title 20—Public Hearing Draft Page 8 of 25 November 21, 2008 Chapter 20.30 PRELIMINARY SHORT SUBDIVISIONS, SUBDIVISIONS AND BINDING SITE PLANS Sections: 20.30.010 Application. 20.30.020 Contents of application. 20.30.030 Processing applications. 20.30.040 Distribution of plans. 20.30.050 Expiration of preliminary approval. 20.30.060 Time extensions. 20.30.010 Application. Prior to filing--a-n-a-pplic-ton-for prolirni shhi-ant---s-u-bdivision or binding site plan-with he-de9a4men-t, it is recommended that the applicant request a pre application erifere e-p-u-r&ua 4-1: - e.:o,-*^ _ _-.e - - .•e _ /kJ_ _ - -btain pplicatic� = --- • - -,,arding the short sub:' • ' _ _ - . Prior to filing an application for a preliminary subdivision, short subdivision, or binding site plan a pre-application conference pursuant to the provisions of Chapter 17.80 SVMC is required unless this requirement is waived by the Director. (Ord. 07-015 § 4, 2007). 20.30.020 Contents of application. Every preliminary short subdivision, subdivision or binding site plan shall consist of the appropriate application form, applicable fees and the following: A. Maps and Exhibits. 1. Ten copies of the preliminary short plat, plat or binding site plan which shall be a legibly drawn map, 18 by 24 inches in size for short plats; 24 by 36 inches in size for plats and binding site plans at a scale of one inch equals 50 feet or one inch equals 100 feet. If approved by the department, an alternative appropriate scale may be used; 2. One reduced (eight and one-half by 11 inches or 11 by 17 inches) copy of the preliminary short plat, plat or binding site plan; 3. One copy of the Spokane County assessor's half-section map clearly indicating the subject property. Additionally, all adjacent properties with parcel numbers must be indicated on the half-section map. Assessor's maps for preliminary subdivisions shall indicate the parcel numbers of all properties within 400 feet of the subject property, unless the applicant owns adjacent property, in which case the map shall show the location and parcel number of all properties within 400 feet of the applicant's ownership; 4. _Legal description of the subje^t prope r'ee riptien clearly indicate!; A written narrative describing the proposal including, but not limited to, the number of proposed lots, nature of surrounding properties, proposed access zonina utility providers method of sewerage and timing of phasing of the development (if any). The narrative shall also address compliance to applicable sections of the development code and other applicable regulations; Title 20-Public Hearing Draft Page 9 of 25 November 21, 2008 5. Public notice packet. The Assessor's map(s) and the title company search shall be current within sixty (60) days of issuing the notice of application. If the information is more than 60 days old at the time the notice of application is issued, the applicant shall provide current information; and 6. SEPA environmental checklist for preliminary subdivisions and binding site plans. An environmental checklist will be required for a preliminary short plat if the construction of improvements will involve more than 500 cubic yards of grading, excavation or fill, or if critical areas exist on site. 7. A plat certificate dated within thirty (30) days of the application filing date confirming that the title of the lands as described and shown on the short plat, subdivision, or BSP is in the name of the owners signing. B. Preliminary short subdivision, subdivision or binding site plan data (to be included on the preliminary short plat, plat or binding site plan). 1. Name, address and telephone number of the owner of the subject property and the person with whom official contact should be made regarding the short plat, plat, or binding site plan; 2. Title of the prop-osa4 proposed division; 3. Location of subject property by quarter-quarter(s) of the section, township and range; 4. Legal description of the subject property with the source of the legal description clearly indicated. A-w ;- _ ; , „ ere e - - ,_e -e ;-t ,at limited to, the numb- e _ _ _ ,_ture of surrounding props-ties, proposed ampiionce to plica '- ., -- _f ^ _eme 4-se ,.nd other appiicable 5. V iz eirr T t"- e 4=1-ci-i-s-ate eubj-oct property; A vicinity map at a scale of not more than four hundred feet (400') to the inch. Except that the Community Development Director may approve an alternative scale if requested. The vicinity map shall show all adjacent parcels. It shall show how the streets and alleys in the proposed subdivision connect with existing and proposed streets and alleys in neighboring subdivisions or unplatted property. 6. North arrow, scale and boundary of the proposed short plat, plat, or binding site plan, and the date map is prepared; 7. Boundaries of all blocks, lot numbers, thy, e- -_ '_ , of �_ , lot lines anus along with their dimensions and areas in square feet; 8. Location and identification of existing utilities; 9. Location, names and widths of all existing and proposed streets, roads and access easements within the proposed short subdivision, subdivision, or binding site plan and within 100 feet thereof, or the nearest City street if there is no City street within 100 feet of the subject property; 10. All existing or proposed easements, including border easements, or tracts proposed to be dedicated for any public purpose or for the common use of the property owners of the short plat, plat or binding site plan; 11.All existing easements that affect the subject property; Title 20-Public Hearing Draft Page 10_of 25 November 21, 2008 -1-12. Location of any natural features such as wooded areas, streams, drainage ways, special flood hazard areas identified on the Flood Insurance Rate Map, or critical areas as defined in SVMC Title 21; 4-213. Location of existing buildings, septic tanks, drainfields, wells or other improvements, and a note indicating if they will remain or be removed; - 14. Whether adjacent property is platted or unplatted. If platted, give the name of the subdivision. If the proposed short subdivision, subdivision or binding site plan is the subdivision of a portion of an existing plat, the approximate lines of the existing plat are to be shown and a copy of the existing plat, along with ^n—all the recording numbers of any recorded covenants and easements; 1-415. Topographic information at twofive-foot maximum contour intervals, or at two-foot intervals where overall site topography is too flat to be depicted by five-foot intervals. Delineate areas with any slopes that are greater than thirty (30) percent.; andTcpagp - info,mot o rcquir'-d by this section must be -& e , - tho d estio^ E f a-pp erfessioncl land su-n-f-eys,,, 4516. "Site data table" showing number of proposed lots, frontage-f-a-caeh-hots-lot e-vea coch ;-et, existing zoning, water supplier, and method of sewerage; x:--07 015 §-4,2007)- 20.30.030 Processing applications. Preliminary short subdivisions and binding site plans are classified as Type II applications; preliminary subdivisions are classified as Type III applications. Both application types shall be processed pursuant to the applicable provisions of Chapter 17.80 SVMC. (Ord. 07-015 § 4, 2007). 20.30.040 Distribution of plans. When the department determines that the application is complete pursuant to SVMC 17.80.100, the department shall distribute the application materials to affected agencies. The department or reviewing agencies may request additional information during the review process. (Ord. 07-015 § 4, 2007). 20.30.050 Expiration of preliminary approval. Approval of a preliminary short subdivision, subdivision, or binding site plan shall automatically expire five years from the date of approval unless a complete application for a final short subdivision, subdivision, or binding site plan meeting all requirements under this title is submitted to the City. Extension of time may be granted as provided in SVMC 20.30.060. (Ord. 07-015 § 4, 2007). 20.30.060 Time extensions. An application form and supporting data for time extension requests must be submitted to the department at least 30 days prior to the expiration of the preliminary short subdivision, subdivision, or binding site plan. Time extension requests shall be processed as a Type I application pursuant to Chapter 17.80 SVMC. The director may approve an extension provided there are no significant changed conditions or changed development regulations which would render recording of the short subdivision, subdivision or binding site plan contrary to the public health, safety or Title 20—Public Hearing Draft Page 11 of 25 November 21, 2008 general welfare; and provided one or more of the following circumstances is found to apply: A. That some portion of the existing preliminary short subdivision, subdivision, or binding site plan has been finalized since the project was approved and the remaining lots would form a unified development consistent with the original approval; B. That the preliminary short subdivision, subdivision, or binding site plan remains generally consistent with the original plat or binding site plan that was approved, and the applicant has taken substantial steps toward finalizing the plat or binding site plan, which shall include at least one of the following: 1. Surveying the lots within the development; 2. Arranging for public services to the site; 3. Obtaining necessary financing for all or a portion of the preliminary short subdivision, subdivision, or binding site plan; and/or 4. Completing studies or other requirements which were part of preliminary short subdivision, subdivision, or binding site plan approval; C. That at the time preliminary approval was granted, development of the proposal was conditioned upon the extension of public services which are not yet available. This provision shall not apply to public utility extensions which the project sponsor would normally fund. If the conditions set forth in subsections A, B or C of this section are met, the department may grant a single, one-year time extension. Prior to granting time extensions, the director shall circulate the time extension request to affected agencies for comments. Additional or altered conditions recommended by affected agencies may be required as a condition of this extension. City departments may also recommend additional or altered conditions. The department shall issue a written decision approving or denying the time extension request and provide copies to affected agencies, the applicant, and those parties requesting a copy of such decision. Appeals of a time extension shall be filed in a manner consistent with the provisions of Chapter 17.90 SVMC. (Ord. 07-015 § 4, 2007). Title 20—Public Hearing Draft �...,.�...,_.�........__..�.._�..� �.r,_.�,�..�....�.,..._.__._.s�^��'Page 12 of 25 November 21, 2008 Chapter 20.40 FINAL SHORT SUBDIVISIONS, SUBDIVISIONS, AND BINDING SITE PLANS Sections: 20.40.010 Final submittal. 20.40.020 Contents of final plat. 20.40.030 Filing final short plat, plat or binding site plan. 20.40.040 Bond in lieu of construction limitations. 20.40.050 Phasing. 20.40.010 Final submittal. A. The final short subdivision, subdivision, or binding site plan shall incorporate all conditions of the preliminary approval. The final short subdivision, subdivision, or binding site plan shall incorporate all conditions of approval imposed by the hearing examiner. B. All final subdivision, short subdivision or binding site plan submittals shall include the following: 1. A minimum of 10 copies of the proposed final short plat, plat or binding site plan; 2. Appropriate fees; 3. Three copies of a plat certificate dated within 30 days of the application filing date confirming that the title of the lands as described and shown on the short plat, subdivision, or BSP is in the name of the owners signing; and 4. Maps --exhibit,shall also be submitted in one of the following electronic file formats at the time the mylars are submitted, unless this requirement is waived by the Director: a. pdf (Portable Document Format> _ A e . i nal ro,-HADD--S tan4a }• b. tiff (Tagged Image File Format) SSRI .shp (fully t-hematieally G1^s ified c. bitmap 4te t-ati.or .dgn C A _ ta-R4a,d); or d. Other commonly used format as approved by the director. 5. Electronic submittals shall be in accordance with the following criteria: a. Submittals shall utilize a file name using the City submittal number. For example, SUB-08-06.xxx or SHP-22-07.xxx; . b. Lines, text and details shall be complete, clear and crisp and at a resolution that enables the smallest detail to be recognized and understood when magnified. c. The electronic files shall be delivered on a cd or dvd that is legibly labeled with subdivision name and phase; submittal number; file creation date; and contact information (firm name, address and phone number). As an option, an email submittal is acceptable and shall include a letter transmittal with the same information. d. CADD criteria - reserved Title 20—Public Hearing Draft Page 13_of 25 November 21, 2008 C. The final short plat, plat or binding site plan shall show: 1. All monuments found, set, reset, replaced or removed and not replaced, describing their kind, size and location and giving other data relating thereto; 2. Bearing trees, corner accessories or witness monuments, basis of bearings, bearing and length of lines, scale of map with graphic bar scale and north arrow; 3. Any other data necessary for the interpretation of the various items and locations of the points, lines and areas shown; 4.-7,114-e, Reference and show adjoining surveys of record and plats; 5. The allowable error of mathematical closure for the final plat map shall not exceed one foot in 80,000 feet or 0.04 foot, whichever is greater; 6. Bearings and lengths are to be shown for all lines; no ditto marks are to be used; 7. Arrows shall be used to show limits of bearings and distances whenever any chance of misinterpretation could exist; 8. Plat boundary and street, ran-rt,;41cntcenter lines having curves shall show radius, arc, central angle and tangent for each curve and radial bearings where curve is intersected by a non-tangent line. Spiral curves shall show two spiral curve elements in addition to the chord bearing and length; 9. Lots along curves shall show arc length e cornand radius. For lot corners that are on non-tangent or non-perpendicular curves, the radial bearing shall be shown,- If a curve table is provided, it shall show angle for each segment of the curve along each lot, arc length, tangent length, and radius. Radial Na. a44ngS along l ot lines wi lI not be required;10. All dimensions shall be shown in feet and hundredths of a foot. All bearings and angles shall be shown in degrees, minutes and seeo-n-d:;Allseconds; All partial measurements shown shall equal the total overall measurements shown. 11. W;ncn 1ovo+ions aye-- e4 i, p-eFFn nt ",LRah-m-24(-o) sl}a44 le-s,hown-en Ie,c r n nn it n nn r rll b the Gi}y_ ......��..�.}�`-c.-n�.�}�-.r',�'-��t�,+�;=}-�,-�r'�''r��c�y�rrr�—or7�, 42. The final short plat, plat or binding site plan shall indicate the actual net area for each platted lot exclusive of tl--' F4 -SF Way dedicated or private road right of way. Lots one acre and over shall be shown to the closest hundredth of an acre, and all other lots shall be shown in square feet to the nearest square foot; and 12. Boundary points for corners shall be located and referenced to the current control network as established by the Spokane County GPS control project and that coordinate system. The controlling points used by this subdivision shall be indicated on the map. (Ord. 07-015 § 4, 2007). 20.40.020 Contents of final plat. All surveys shall comply with the Survey Recording Act (Chapter 58.09 RCW), minimum standards for survey and land descriptions (Chapter 332-130 WAC), and any applicable City standards f-e e construatisn. The contents of a final short subdivision, subdivision or binding site plan shall include the following: A. The final short plat, plat or binding site plan shall be a legibly drawn, printed, or reproduced permanent map. Final short plats shall measure 18 by 24 inches. Final plats and binding site plans shall measure 24 by 36 inches. A two-inch margin shall be provided on the left edge, and a one-half-inch margin shall be provided at the other Title 20—Public Hearing Draft Page I4 of 25 November 21, 2008 edges of the plat. If more than one sheet is required, each sheet shall show sheet numbers for the total sheets. B. The file number of the short plat, plat or binding site plan, location by quarter- quarter of a section, township and range shall be shown. C. The scale shall be 50- e -eec;E!-a-:-o 50 feet.) or 100(e inoh-eq z4a4-s 100 feet) feet to the inch. If approved by the department, an appropriate scale may be used which does not exceed 200 {-enc inch ' 2-* f t)feet to the inch, provided a 400 {one 'Pia! �� . ,-s feet to the inch reduced copy is also submitted. The scale shall be shown in a text form as well as a graphic bar scale. D. A bold distinct w.le boundary line shall delineate the existing perimeter boundary of the short plat, plat or binding site plan prior to any dedication to the public. E. The location and widths of streets, alleys, rights-of-way, and easements serving the property, parks and open spaces proposed within the division short plat and those platted easements existing immediately adjacent to the division ohe t ;let shall be shown and or identified. Areas to be dedicated to the public must be labeled. F. Layout and names of adjoining subdivisions, subdivision lots or portions thereof shall be shown within and adjacent to the subdivision boundary. G. The layout, lot and block numbers, and dimensions of all lots shall be shown. H. Street names shall be shown. I. Street addresses for each lot shall be shown. J. Plat restrictions required as conditions of preliminary short subdivision, subdivision or binding site plan approval shall be shown. K. Ai- e-;, <ts Wity eaaa r -H--be-eh Existing easements and utility easements shall be identified, shown and labeled. Recording information for the easement(s) shall be provided on the survey. Any easement and/or utility easement being created by this division shall be so identified, shown and labeled. . L. Any special statements of approval required from governmental agencies, including those pertaining to flood hazard areas, shorelines, critical areas, and connections to adjacent state highways shall be shown. M. A notarized certification and acknowledgements by the owner(s) and beneficiary, if other than the city, as shown on a current plat certificate shall be provided dedicating streets, areas intended for other public use, and granting of easements for slope and utilities. N. A certification signed by a professional land surveyor registered in the state of Washington stating that the final short plat, plat or binding site plan was surveyed and I prepared by t!;e r;him/her, or under tl jai;- his/her supervision; that plat is a true and correct representation of the subject land; and that monumentation has been established as required by City standards. Certification must be consistent with RCW 58.09. 0. The city council authorizes final approval of any final plat, short plat, or binding site plan. If the plat contains multiple sheets, the first sheet shall contain the required signatures. The plat must be , if it is reviewed and signed by the following: 1. Spokane Valley p u;"--ic--worl:a-Gkreetor Development Services Senior Engineer; 2. Spokane Valley community development director; 3. Spokane County utilities director; Title 20—Public Hearing Draft Page 15 of 25 November 21, 2008 4. Spokane Regional Health District (only where septic systems and/or private wells are required to serve the development); 5. Spokane County treasurer; 6. Spokane County assessor; 7. W,..` - - ,'e -• s'• 3. Hearing examiner for final subdivision plats only; 9. 4 e •. ,. . -e�- -; : �. (Ord. 07-015 § 4, 2007). 20.40.030 Filing final short plat, plat or binding site plan. The final short plat, plat or binding site plan shall be submitted to the department for review. It shall be routed to appropriate departments and agencies in order to review for compliance with the conditions of approval. Once all reviewing departments and agencies are satisfied, all conditions have been met or appropriate bonding and surety obtained pursuant to SVMC 20.40.040, the final short plat, plat or binding site plan mylar shall be submitted to the department for obtaining the required signatures. Final plats and short plats shall be approved, disapproved, or returned to the applicant within 30 days from the date of receipt Ti!-ung thereof, unless the applicant consents to an extension of such time period (RCW 58.17.140). The deportment shall record, the G3-mp!eted fine! s',o t ph.' e _ ;+- - _ - -- _.e1 _ _ fe (Ord. 07-015 § 4, 2007). 20.40.035 Recordation The department shall record the completed final short plat, plat, or binding site plan with the Spokane County Auditor's office and submit copies of the recorded documents to the Spokane County Assessor's office. All fees for such recording shall be paid by the applicant prior to recording. 20.40.040 Bond in lieu of construction limitations. In lieu of the completion of the actual construction of any required improvement prior to the approval of the final plat, short plat or binding site plan, the public works diroctor Development Services Senior Engineer may accept a bendsurety in an amount and with a -oty and conditions satisfactory to the E4ir tefSenior Engineer-an-GI-consistent with the provision of RCW 58.17.130, only if all of the following conditions are met: A. The improvement or improvements to be covered by the surety constitute less than five percent of the total capital requirements for the p!a�e p-I-E -inding site -a-ncommercial building permits; B. The pavement and curb and gutter on public and private streets, and the driveways providing access to two lots, shall be constructed in accordance with the approved plans; C. The improvements will be completed within one year eighteen months of the date of final plat approval; C. The fcAurc tc com l-ctc the improv,- + *e- - -- ¢. „ 'e- e e e c , - _+. sewer, watcr, or storrnwater-systemei D. The applicant for the surety bend does not have any outstanding improvements that have not been timely completed within other plats, short plats, or binding site plans within the City; Title 20 Public Hearing Draft Page 16_of 25 November 21, 2008 not be comprtaci-d -tom c'.uct cupp!y. The surety is in the form of a cash savings assignment or irrevocable letter of credit in an amount of at least 125% of the city estimated value of the outstanding improvements but in no case shall be less than $10,000. (Ord. 07-015 § 4, 2007). 20.40.050 Phasing. Any subdivision or binding site plan may be developed in phases or increments. Phasing of short subdivisions or binding site plans is not permitted. A master phasing plan shall be submitted with the preliminary subdivision or binding site plan for approval by the department. The phasing plan may be approved by the director provided: A. The phasing plan includes all land identified within the legal notice; B. The sequence of phased development is identified by a map; C. Each phase has reasonable public or private infrastructure to support the number of dwelling units or proposed commercial or industrial development contained in that phase; D. Each phase constitutes an independent planning unit with facilities, adequate circulation, and any requirements established for the entire subdivision or binding site plan; and provided, that any nonfinalized portion meets the minimum lot size of the underlying zone for the proposed use; and E. The pLb!?s works do Uotr&r=Development Services Senior Engineer approves the necessary documents so that all road improvement requirements are assured for that phase. A phasing plan may be amended following preliminary approval. Said plan may be approved administratively provided the above criteria are met. (Ord. 07-015 § 4, 2007). ^ Title 20—Public Hearing Draft _.,a._ _....._..w_�....,...�.•'' Page 17_of 25�y-f . • . November 21, 2008 Chapter 20.50 PRELIMINARY PLAT, SHORT PLAT, AND BINDING SITE PLAN ALTERATIONS Sections: 20.50.010 Applications. 20.50.020 Preliminary plat, short plat and binding site plan alterations — Notice, decision, filing plan. 20.50.010 Applications. An application may be submitted for any proposed alteration to a preliminary plat, preliminary short plat or binding site plan. The application shall contain the signatures of the persons having an ownership interest in the plat or binding site plan. A preliminary plat alteration is classified as a Type II permit and shall be processed pursuant to Chapter 17.80 SVMC. (Ord. 07-015 § 4, 2007). 20.50.020 Preliminary plat, short plat and binding site plan alterations — Notice, decision, filing plan. Any request for a proposed modification to a preliminary short subdivision, subdivision, or binding site plan which has received preliminary approval shall be submitted to the department. Any proposed modification which would amend conditions established administratively shall be circulated to affected agencies for review and comment. An amended decision or amended conditions of approval may be required based on comments received from affected agencies. The director may waive formal processing if it is determined that the proposed modification would not have a substantial impact on adjacent properties, or conditions of approval. This process shall not apply to amending site plans or conditions thereof established by a hearing body that would constitute a "change of condition." Alterations may be approved by the director, if the director determines that the public use and interest will be served by the alteration. Following approval of an alteration, the applicant shall produce a revised drawing of the approved alteration which shall be signed by the director and filed with the City of Spokane Valley community development department. Any preliminary plat, short plat or binding site plan alteration proposed under this section shall be subject to the requirements in Chapter 20.30 and Chapter 20.40. Any proposed modification which would significantly amend conditions established by the hearing examiner shall be processed as a "change of conditions" pursuant to Chapter 20.60 SVMC. (Ord. 07-015 § 4, 2007). Title 20—Public Hearing Draft Page 18 of 25 November 21, 2008 Chapter 20.60 FINAL PLAT ---rYIP SHORT PLAT, AND BINDING SITE PLAN ALTERATIONS Sections: 20.60.010 Application. 20.60.020 Final plat alterations— Notice, public hearing, decision, filing requirements. 20.60.030 Final short plat and binding site plan alterations— Notice, decision, filing requirements. 20.60.010 Application. An application may be submitted for any proposed alteration to a final plat-e; final short plat, or final binding site plan. The application shall contain the signatures of the majority of those persons having an ownership interest in lots, tracts, parcels, site or divisions in the subject subdivision or portion to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or binding site plan, or portion thereof. A plat alteration is classified as a Type II permit unless a public hearing is requested pursuant to SVMC 20.60.020 in which case the plat alteration shall be classified as a Type III permit. Both permit types shall be processed pursuant to Chapter 17.80 SVMC and in a manner consistent with RCW 58.17.215. (Ord. 07-015 § 4, 2007). Any plat, short plat or binding site plan alteration proposed under this section shall be subject to the requirements in Chapter 20.30 and Chapter 20.40. 20.60.020 Final plat alterations — Notice, public hearing, decision, filing requirements. Upon receipt of a completed application for a final plat alteration, the department shall provide notice of the application to all owners of property within the subdivision, publication in an appropriate regional or neighborhood newspaper or trade journal, and to those owners of property within 400 feet of that portion of the plat proposed for alteration. The notice shall include a statement that a public hearing will not be required unless specifically requested within the time frame indicated below. If a public hearing is requested within 14 days of receipt of the notice, notice of the hearing shall be provided as is set forth in SVMC 17.80.120. Alterations to final plats may be approved if it is determined that the public use and interest will be served by the alteration. Following approval of an alteration, the applicant shall produce a revised drawing of the approved alteration of the final plat, which shall be signed by the director and filed with the Spokane County auditor's office to become the lawful plat of the property. (Ord. 07-015 § 4, 2007). Title 20—Public Hearing Draft Page 19 of 25 November 21, 2008 20.60.030 Final short plat and binding site plan alterations — Notice, decision, filing requirements. Upon receipt of a completed application for a final short plat or binding site plan alteration, the department shall provide notice of the application to all owners of property within the subdivision, publication in an appropriate regional or neighborhood newspaper or trade journal, and to those owners of property adjacent to that portion of the short plat or binding site plan proposed for alteration. Alterations to final short plats or binding site plans may be approved by the director, if the director determines that the public use and interest will be served by the alteration. Following approval of an alteration, the applicant shall produce a revised drawing of the approved alteration of the final short plat or binding site plan, which shall be signed by the director and filed with the Spokane County auditor's office to become the lawful plat or binding site plan of the property. (Ord. 07-015 § 4, 2007). 20.60.040 Record of Survey to Establish Lots within a Binding Site Plan A record of survey may be filed subsequent to the recording of a final binding site plan to establish lots within the boundaries of the final binding site plan. The record of survey shall be classified as a Type I application and shall be reviewed pursuant to Chapter 17.80 SVMC and approved by the Director. The following information shall be provided on the record of survey: A. The binding site plan file number shall be referenced. B. The scale shall be fifty (50) or one hundred (100) feet to the inch. If approved by the Director, an appropriate scale may be used which does not exceed 1" = 200', provided a 1"=400' reduced 81/2" X 11" copy is provided C. A distinct wide boundary line shall delineate the boundary of the lot(s) being created. The boundary of the binding site plan shall be indicated and any lot(s) that have been created by filing of the final binding site plan and/or record of survey. D. Each lot shall be numbered consecutively, and the size of each lot shall be indicated on the record of survey. E. The location and widths of streets, alleys, rights-of-way, and easements within the binding site plan and those existing immediately adjacent to the lot being created shall be shown. F. Street names shall be shown. G. Street addresses shall be shown. H. Restrictions required as conditions of preliminary approval shall be shown. Appropriate utility easements shall be shown. J. Certification of the professional land surveyor licensed in the state of Washington. K. The following signatures are required on the record of survey: 1. City of Spokane Valley Community Development Director 2. City of Spokane Valley Development Services Senior Engineer 3. Property Owner L. Illustrate any existing buildings located on the lot which is being created or altered. The Department shall record approved record of surveys with the Spokane County Auditor's Office and submit copies of the recorded documents to the Spokane County Title 20—Public Hearing Draft Page 20 of 25 November 21, 2008 Assessor's Office. All fees for such recording shall be paid by the applicant prior to recording. Title 20—Public Hearing Draft Page 21 of 25 November 21, 2008 Chapter 20.70 PLAT VACATION Sections: 20.70.010 Plat vacation —Application. 20.70.020 Plat vacation — Process. 20.70.010 Plat vacation —Application. An application may be submitted for the proposed vacation of part or all of a plat. The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites or division in the subject subdivision or a portion to be vacated. (Ord. 07-015 § 4, 2007). 20.70.020 Plat vacation — Process. Vacation of a plat is classified as a Type Ill application. Upon submittal of a complete application for vacation of plat, the department shall process the plat vacation request pursuant to Chapter 17.80 SVMC and in a manner consistent with RCW 58.17.212. (Ord. 07-015 § 4, 2007). Title 20—Public Hearing Draft Page 22 of 25 November 21, 2008 Chapter 20.80 BOUNDARY LINE ADJUSTMENTS/ELIMINATIONS Sections: 20.80.010 Scope. 20.80.020 Review process. 20.80.030 Application and drawing requirements. 20.80.040 Recordation. 20.80.010 Scope. Boundary line adjustments shall be a minor alteration in the location of lot or parcel boundaries on existing lots or parcels. In this section lot shall mean a parcel of land having fixed boundaries described by reference to a recorded plat, a recorded binding site plan, by metes and bounds, or by section, township, and range, and be of sufficient area to meet minimum zoning requirements. The purpose of the boundary line elimination process is to remove interior lot lines of a parcel comprised of two or more separate lots with contiguous ownership. Boundary line adjustments must be consistent with the following: A. Such alteration shall not increase the number of lots nor diminish in size open space or other protected environments; B. Such alteration shall not diminish the size of any lot_so as to result in a lot-of less square footage than prescribed in the zoning regulations; C. Such alteration shall not result in the e uc}—� `setbacks or a building setback violation or site coverage to less than prescribed by the zoning regulations; and D. All lots resulting from the boundary line alteration shall be in conformance with the design standards of this chapter. (Ord. 07-015 § 4, 2007). 20.80.020 Review process. Boundary line adjustments and eliminations are classified as Type I applications and shall be reviewed pursuant to Chapter 17.80 SVMC. (Ord. 07-015 § 4, 2007). 20.80.030 Application and drawing requirements. Application for a boundary line adjustment or elimination shall be made on forms provided by the department and shall provide the following information: A. Existing Conditions Site Plan. Produce a to-scale site plan on an eight-and-one- half-inch by 11-inch sheet with one-inch margins on all sides showing the following information: 1. The existing dimensions and square footage of the existing property(ies) involved; 2. The location and setbacks of any permanent improvements (i.e., structures, septic systems, etc.) from all property lines; 3. The identification, location and dimension of all access and utility easements; and Title 20—Public Hearing Draft -..__.�.� .. _M. ..._.__.. Page 23 of 25 November 21, 2008 4. The location, dimensions and names of public and/or private streets abutting the property(ies)i and 5. North arrow and scale shall be noted. B. Proposed Adjustment/Elimination Site Plan. Produce a to-scale plan on an eight- and-one-half-inch by 11-inch sheet with one-inch margins on all sides showing the following information: 1. The location and setbacks of any permanent improvements (i.e., structures, septic systems, etc.) after the proposed boundary line adjustment or elimination from the new property lines; 2. The identification, location and dimension of any access or utility easements after the proposed boundary line adjustment or elimination; 3. The location, dimensions and names of public and/or private streets abutting the property(ies) after the proposed boundary line adjustment or elimination; and 4. Indicate eT..l-the existing property lines to be revised with a dashed line and the •w proposed property lines with a solid line if applicable, and ;. 5. North arrow and scale shall be noted. C. On a separate sheet of paper (eight and one-half by 11 inches) a written legal description for the existing parcel(s) and the proposed adjusted or eliminated parcel(s) with one-inch margins on all sides. D. One copy each of all involved property owners' recorded deeds, verifying current ownership of the subject property(ies). E. If available, submit a copy of an original plat for the subject property. A copy of the general land office plat is not required. F. A record of survey of the property shall be completed for boundary line adjustments to show distances from the existing improvementspto the newryproperty line. \/1 .k Y"+.- ILry •�`+�, �i\7 c�"vvr- 7 r�1 ` \ni�.Jti G1`�.^..ly T�.:�i�. r`iv\...I'�a The bou nde ns &d L stm—a --The survey must be completed by a Professional Land Ssurveyor licensed in the state of Washington. (Ord. 07-015 § 4, 2007). 20.80.040 Recordation. The department shall record approved boundary line adjustments and eliminations with the Spokane County auditor's office and submit copies of the recorded documents to the Spokane County assessor's office. All fees for such recording shall be paid by the applicant prior to recording. (Ord. 07-015 § 4, 2007). _.. Title 20—Public Hearing Draft Page 2�of 25 INovember 21, 2008 Definitions to be added to Appendix A: Lot width.average. "Average lot width" means the sum of the length of the front and rear lot line divided by two. In the case of irregularly shaped lots havingfour or more sides, "average lot width" is the sum of the length of two lines,drawn perpendicular to one side line at the widest and narrowest portions of the lot,divided by two. Professional Land Surveyor: A land surveyor licensed in the State of Washington under RCW 18.43 who is qualified by examination and or experience to practice in the field of land surveying. • Title 20—Public Hearing Draft Page 25 of 25 November 21, 2008 20 Title as SUBDIVISION REGULATIONS Chapters: 20.10 Authority 20.20 General Provisions 20.30 Preliminary Short Subdivisions, Subdivisions and Binding Site Plans 20.40 Final Short Subdivisions, Subdivisions, and Binding Site Plans 20.50 Preliminary Plat, Short Plat, and Binding Site Plan Alterations 20.60 Final Plat and Short Plat Alterations 20.70 Plat Vacation 20.80 Boundary Line Adjustments/Eliminations Title 20—Public Hearing Draft Page 1 of 25 November 21, 2008: modified December 11, 2008 Chapter 20.10 AUTHORITY Sections: 20.10.010 Purpose. 20.10.010 Purpose. This title is established in accordance with Chapter 58.17 RCW which authorizes cities to administer the process for the division of land. (Ord. 07-015 § 4, 2007). Chapter 20.20 GENERAL PROVISIONS Sections: 20.20.010 Purpose. 20.20.020 Exemptions. 20.20.030 Legal lot. 20.20.040 Approval required prior to recordation. 20.20.050 Prohibition against sale, lease or transfer of property. 20.20.060 Vertical datum. 20.20.070 Monumentation. 20.20.080 Professional land surveyor. 20.20.090 General design. 20.20.100 Findings. 20.20.110 Attached Single Family Subdivisions 20.20.010 Purpose. Pursuant to the purposes set forth in RCW 58.17.010, the regulations in this title are necessary to: A. Promote the health, safety, and general welfare in accordance with standards established by the state and the City; B. Promote effective use of land by preventing the overcrowding or scattered development which would be detrimental to health, safety, or the general welfare due to the lack of water supplies, sanitary sewer, drainage, transportation, or other public services, or excessive expenditure of public funds for such services; C. Avoid congestion and promote safe and convenient travel by the public on streets and highways through the proper planning and coordination of new streets within subdivisions with existing and planned streets in the surrounding community; D. Provide for adequate light and air; E. Provide for adequate water, sewage, drainage, parks and recreational areas, sites for schools and school grounds, and other public requirements; F. Provide for proper ingress and egress; G. Provide for housing and commercial needs of the community; Title 20—Public Hearing Draft s� _w..�...,�._...�.._.w......,s�,..�_ Page 2 of 25 November 21, 2008: modified December 11, 2008 H. Require uniform monumentation of land divisions and conveyance of accurate legal descriptions; I. Protect environmentally sensitive areas; J. Provide for flexibility in site design to accommodate view enhancement and protection, protection of streams and wetlands, protection of steep slopes, and other environmentally significant or sensitive areas; K. To ensure consistency with and to further the goals and policies of the Comprehensive Plan; and L. To provide a process for the division of land for the following: 1. Short Subdivision or short plat. The division of land into nine or fewer lots, tracts, parcels, sites or divisions with a level of review that is proportional to the effect those lots may have on the surrounding area; 2. Subdivision or plat:,-The division of land into 10 or more lots, tracts, parcels, sites or divisions with a level of review that is proportional to the effect those lots may have on the surrounding area; 3. Binding Site Plan. An alternative method of dividing property interests and applying to the phased division of any land for sale or lease which is zoned for commercial, business, office, or industrial development, or which is to be developed as condominiums or a manufactured home park. (Ord. 07-015 § 4, 2007). 20.20.020 Exemptions. A. The provisions of this title shall not apply to: A 1. Cemeteries and other burial plots while used for that purpose (RCW 58.17.040(1)); B. 2. Divisions made by testamentary provisions, or laws of descent (RCW 58.17.040(3)); 3. A division of land for purpose of leasing land for facilities providing personal wireless services while used for that purpose (RCW 58.17.040(8)). B. The provisions of this chapter shall not apply to the following provided that an exemption application and drawing consistent with 20.20.020.0 is provided to the city: G 1. . Division of land into lots or tracts if such division is a result of subjecting a portion of the parcel or tract of land to either Chapter 64.32 RCW (Horizontal Regimes Act) or Chapter 64.34 RCW (Condominium Act) subsequent to the recording of a binding site plan for all such land (RCW 58.17.040(7)); 112. Division of land due to condemnation or sale under threat thereof, by an agency or division of government vested with the power of eminent domain; €3- Division or acquisition of land for public right-of-way-; G.4 A division of land into lots or tracts of less than three acres that is recorded in accordance with Chapter 58.09 RCW, used or to be used for construction and operation of consumer or investor-owned electric utilities to meet the electrical needs of a utility's existing and new customers as set forth in RCW 58.17.040(9). 5. A division of land for government or public purpose. C. An application made pursuant to 20.20.020(B) above shall be processed to determine that the division is exempt with a minimum review for conformance to Title 20—Public Hearing Draft Page 3 of 25 November 21, 2008; modified December 11, 2008 adopted City regulations and ordinances. The application will be determined to be complete upon the submittal of the following materials: 1. An application; and 2. Maps, plans, and/or exhibits containing all applicable information as required by SVMC 20.30.020.B. (Ord. 07-015 § 4, 2007). 20.20.030 Legal lot. Development shall be permitted only on legally created lots. A lot is created in compliance with applicable state and local land segregation statutes or codes in effect at the time the lot was created or binding site plan was approved including, but not limited to, demonstrating the lot was created through one of the following: A. Lots created through subdivision, a plat approved by the City or Spokane County separately describing the lot in question; or B. Lots created through short subdivision, a short plat approved by the City or Spokane County separately describing the lot in question; or C. Lots created pursuant to a binding site plan process in effect at the time the binding site plan was approved by the City or Spokane County; or D. A deed, contract of sale, mortgage, property tax segregation, plat, or recorded survey describing the lot in question if the instrument was: 1. Executed prior to March 24, 1980, for subdivisions (effective date of County's first subdivision ordinance) while the lot in question was under Spokane County jurisdiction; or 2. Executed prior to March 13, 1978 (effective date of County's first short subdivision ordinance), for short subdivisions while the lot in question was under Spokane County jurisdiction; or 3. Executed prior to July 1, 1969 (effective date of Chapter 58.17 RCW). (Ord. 07-015 § 4, 2007). 20.20.040 Approval required prior to recordation. Any map, plat or plan, unless previously exempt, hereafter made of a proposed short subdivision, subdivision or binding site plan, or any part thereof, shall be presented for approval and be recorded as set forth in SVMC 20.40.030. No such map, plat or plan shall be recorded or have any validity unless or until it has the approval of City departments and agencies with jurisdiction as required by this title. (Ord. 07-015 §4, 2007). 20.20.050 Prohibition against sale, lease or transfer of property. 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 approval hereunder by the City and recording the approved division 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. (Ord. 07-015 § 4, 2007). Title 20—Public Hearing Draft Page 4 of 25 November 21, 2008; modified December 11, 2008 20.20.060 Vertical datum. Where topography is required to be shown, the land survey data must be based on the Nations! Geodetic North American Vertical Datum (NGAVD-88). (Ord. 07-015 § 4, 2007). 20.20.070 Monumentation. Right-of-way, street centerline and street intersection mMonumentation shall be established as required described by City adopted street construction standards. In addition, for short subdivision, subdivision or binding site plans, every lot corner shall be marked or referenced with an iron rod or iron pipe marked in a permanent manner with the registration number of the professional land surveyor in charge of the survey in accordance with state law. (Ord. 07-015 § 4, 2007). 20.20.080 Professional land surveyor. The preparation of all preliminary and final short subdivisions, subdivisions and binding site plans shall be made by or under the supervision of a professional land surveyor licensed in the State of Washington. The professional land surveyor shall certify on the final plat that it is a true and correct representation of the lands actually surveyed. A survey is required on all final plats. All surveys shall comply with Chapter 58.09 RCW, Survey Recording Act, and - -- - - e- *e- - WAC 332-130 WAG). (Ord. 07-015 § 4, 2007). 20.20.090 General design. The design of short subdivisions, subdivisions and binding site plans shall conform to the requirements of all applicable City plans, regulations, and design and development standards. In addition: A. The design, shape, size, and orientation of the tracts lots should be appropriate for the use for which the divisions are intended, and the zoning and land use classification identified in the Comprehensive Plan of the area in which they are located. B. Lot Arrangement. 1. Side lot lines shall generally be perpendicular to public street rights-of-way, but may be within twenty degrees of perpendicular, or radial to the right-of-way in the case of curvilinear streets or cul-de-sacs. 2. Corner Lots. a. The lot lines at the intersection of two public streets shall be located a minimum of two feet behind the back of curb. e - - .s - - - - intersection adjacent to the street along the front and side of the lot; b.At the intersection of two arterial streets (collector, minor or principal), the applicant shall provide a widened border easement area behind the pedestrian ramp landing for the placement of street lights, traffic signals, et cetera and their related appurtenances (see Figure 20.20.1). This area shall extend a minimum of fifteen feet behind the landing. The boundary of this area shall be defined by an arc that is tangent at each end to the standard border easement, typically located behind the back of sidewalk, or right-of-way if there is no border easement in the vicinity. If this area is already fully contained within right-of-way then no additional border easement width will be required. The only utilities allowed within this area are those necessary for the Title 20—Public Hearing Draft_ Page 5 of 25 November 21, 2008: modified December 11, 2008 function of the proposed lights, signals I U et cetera. la. The lot lines at the intersection of a local street and a a ' hypotenuse of the triangle measured 25 j Q ="' - ^rs ction adjacent to the •a- BORDER EASEMENT ti e-+ a. - - = , i 15' G. Property lines at the TANGENT - �� LANDING intersection of public or private streets, SIDEWALK fr CURB and private driveways intersecting public RIGHT OF WAY 2' MIN. or private street that exceed 150 feet in -a- - - - - - -- ARTERIAL generally to the curb line in a manner Figure 20.20.01 approved by the City; d-: Corner lots in single family or two-family serving low density residential development shall have an average width at least 15 percent greater than the width of interior lots along both adjacent streets to permit building setback and orientation to both streets. 3. Lot Dimensions. a. Lot dimensions shall comply with the minimum standards established in Chapter 19.40 SVMC; b. Flag lots are prohibited. Reverse flag lots providing access to alleys or amenities located to the rear of the property are permitted; c. No lot shall have an average depth greater than three times its average width. 4. Double Frontage Residential Lots. a. Double frontage and reverse frontage lots shall be avoided except where necessary to separate residential development from arterial roadway or to overcome specific disadvantages of topography and orientation; b. When lots back to arterials, a screening device shall be installed on the lot(s) limiting visibility between the arterial and the adjoining lots in accordance with Chapter 22.70 SVMC; c. No building, except buildings designed and constructed as two-family dwellings or one-family attached dwellings, shall be constructed on or across existing lot lines. Where buildings are designed and constructed on or across lot lines, the building shall be located so that the common wall separating the individual living units is located on and along the common lot lines of the adjoining lots. C. Block dimensions should reflect due regard to the needs of convenient access, public safety, connectivity, emergency vehicle access, topography, road maintenance, and the provision of suitable sites for the land use planned. 1. Block Length. _ _ --_ :e e -- - - e e - ^ -- •••===. _-e Block length shall be per the adopted Street Standards. 2. Block and Lot Labeling. Blocks and lots shall be identified in sequential amp-habetical-or numerical order. Title 20—Public Hearing Draft_ Page 6 of 25 November 21, 2008; modified December 11, 2008 3. Street alignments shall be designed and constructed with appropriate consideration for existing and planned roads streets, anticipated traffic patterns, topographic and drainage conditions, public safety, adopted Street Standards, Comprehensive Plan and the proposed use of the land so divided. D. When a tract is subdivided into lots of one acre or more in size, the community development director (hereafter referred to as the "director") may require an arrangement of the tracts lots and roadsstreets, in conformance with the adopted Arterial and Local Access Street Master Plan or areas identified in section 22.130.035 Future Acquisition Areas such as to permit a subsequent redivision in conformity with roads or plans adoptcd by the City. The resulting plan shall be binding to the extent that right of way. E. Lots should not be divided by the boundary of any city, county, zoning designation, or public right-of-way. F. Every lot shall have direct access to a paved public street, private street, or an easement for a private driveway casement. G. Prior to filing the final short subdivision, subdivision or binding site plan application, the applicant shall improve or make appropriate provisions for the construction of the public or private streets, alleys or private driveways that provide access to lots being created through the short subdivision, subdivision, or binding site plan consistent with appropriate applicable City-adopted standards. H. Wastewater design shall be in compliance with all applicable City regulations and other jurisdictional agencyics' regulations. I. Adequate public domestic water supply and/or fire protection shall be provided in compliance with all applicable City regulations and other jurisdictional agencyics' regulations. J. All road designs shall be in conformance with Chapter 22.130 SVMC and adopted street standards. K. Provisions for stormwater runoff shall be in compliance with City guidelines regulations for stormwater management as set forth in Chapter 22.150 SVMC. L. Existing and proposed Eeasements for electric, water, sewer, gas, and similar utilities shall be illustrated on the fin-at short plat, plat, or binding site plan. The utility purveyors shall indicate to the community development department (hereafter referred to as the "department") in writing that the easements are adequate for their service needs. M. The short subdivision, subdivision, or binding site plan shall provide for the location of underground utilities within public rights-of-way, border easements, alleys or utility easements including, but not limited to, those for electricity, communications and street lighting. When conditions make underground installation impractical, the director may waive the requirement for underground utilities. (Ord. 07-015 § 4, 2007). 20.20.100 Findings. Prior to approving any preliminary short subdivision, subdivision or binding site plan, the department in the case of short subdivisions and binding site plans or the hearing examiner in the case of subdivisions shall determine and make written findings of fact that appropriate provisions are made for the following: A. The public health, safety, and general welfare; Title 20—Public Hearing Draft_ Page 7 of 25 November 21, 2008: modified December 11, 2008 B. Open spaces; C. Drainage ways; D. Streets or roads, alleys, sidewalks, and other public ways; E. Transit stops; F. Public potable water supplies; G. Sanitary sewer; H. Parks and recreation; I. Playgrounds, schools and school grounds; J. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; K. Whether the public interest will be served by the short subdivision, subdivision, and binding site plan; L. The proposed short subdivision, subdivision or binding site plan is in conformity with all applicable development code provisions; and M. Other requirements found to be necessary and appropriate and for which written standards and policies have been adopted. (Ord. 07-015 § 4, 2007). 20.20.110 Attached Single Family Subdivisions Applications for an attached single family subdivision consisting of nine or fewer lots shall be submitted and processed according to the requirements for content and form for preliminary and final short subdivisions and process as stated in SVMC 22.30 through 22.40. Application for an attached single family subdivision consisting or 10 or more lots shall be submitted and processed according to the requirements for content and form for preliminary and final subdivisions as stated in SVMC 20.30 through 20.40. Application for alterations of any preliminary short subdivision or subdivision shall be submitted and processed according to the requirements of 20.50. Applications for alterations of any final short subdivision or subdivision shall be submitted and processed according to the requirements of 20.60. Applications for vacation of any plat shall be submitted and reviewed according to the requirements of SVMC 20.70. Title 20—Public Hearing Draft_ Page 8 of 25 November 21, 2008; modified December 11, 2008 Chapter 20.30 PRELIMINARY SHORT SUBDIVISIONS, SUBDIVISIONS AND BINDING SITE PLANS Sections: 20.30.010 Application. 20.30.020 Contents of application. 20.30.030 Processing applications. 20.30.040 Distribution of plans. 20.30.050 Expiration of preliminary approval. 20.30.060 Time extensions. 20.30.010 Application. confer noc pursuant to the provisions of Chaptcr 17.80 SVMC to obt2in application - .. -e - ---- _ - e '-e • -r- - . Prior to filing an application for a preliminary subdivision, short subdivision, or binding site plan a pre-application conference pursuant to the provisions of Chapter 17.80 SVMC is required unless this requirement is waived by the Director. (Ord. 07-015 § 4, 2007). 20.30.020 Contents of application. Every preliminary short subdivision, subdivision or binding site plan shall consist of the appropriate application form, applicable fees and the following: A. Maps and Exhibits. 1. Ten copies of the preliminary short plat, plat or binding site plan which shall be a legibly drawn map, 18 by 24 inches in size for short plats; 24 by 36 inches in size for plats and binding site plans at a scale of one inch equals 50 feet or one inch equals 100 feet. If approved by the department, an alternative appropriate scale may be used; 2. One reduced (eight and one-half by 11 inches or 11 by 17 inches) copy of the preliminary short plat, plat or binding site plan; 3. One copy of the Spokane County assessor's half-section map clearly indicating the subject property. Additionally, all adjacent properties with parcel numbers must be indicated on the half-section map. Assessor's maps for preliminary subdivisions shall indicate the parcel numbers of all properties within 400 feet of the subject property, unless the applicant owns adjacent property, in which case the map shall show the location and parcel number of all properties within 400 feet of the applicant's ownership; 4. -e- - - - " '-- - e -- - e{ ._ -e- e- „ •e+.=• -_ _• _ -e; A written narrative describing the proposal including, but not limited to, the number of proposed lots, nature of surrounding properties, proposed access, zoning, utility providers, method of sewerage, and timing of phasing of the development (if any). The narrative shall also address compliance to applicable sections of the development code and other applicable regulations; Title 20—Public Hearing Draft_ Page 9 of 25 November 21, 2008: modified December 11. 2008 5. Public notice packet. The Assessor's map(s) and the title company search shall be current within sixty (60) days of issuing the notice of application. If the information is more than 60 days old at the time the notice of application is issued, the applicant shall provide current information; and 6. SEPA environmental checklist for preliminary subdivisions and binding site plans. An environmental checklist will be required for a preliminary short plat if the construction of improvements will involve more than 500 cubic yards of grading, excavation or fill, or if critical areas exist on site. 7. A plat certificate dated within thirty (30) days of the application filing date confirming that the title of the lands as described and shown on the short plat, subdivision, or BSP is in the name of the owners signing. B. Preliminary short subdivision, subdivision or binding site plan data (to be included on the preliminary short plat, plat or binding site plan). 1. Name, address and telephone number of the owner of the subject property and the person with whom official contact should be made regarding the short plat, plat, or binding site plan; 2. Title of the proposal proposed division; 3. Location of subject property by quarter-quarter(s) of the section, township and range; 4. Legal description of the subject property with the source of the legal description clearly indicated. A written narrative describing the proposal including, but -e • -• •- -e- 5 ee n - e ' e - ..I :. - -- - n e ea e e - - -1 - - - e +e - e • -e .. - - -- e- ' ee - ee- - - e regulations; 5. . ' •-'+. - - - _ . ;-e' _ - -- - e ea-a .; A vicinity map at a scale of not more than four hundred feet (400') to the inch. Except that the Community Development Director may approve an alternative scale if requested. The vicinity map shall show all adjacent parcels. It shall show how the streets and alleys in the proposed subdivision connect with existing and proposed streets and alleys in neighboring subdivisions or unplatted property. 6. North arrow, scale and boundary of the proposed short plat, plat, or binding site plan, and the date map is prepared; 7. Boundaries of all blocks, lot numbers, the designation of lots, lot lines an-G1 along with their dimensions and areas in square feet; 8. Location and identification of existing utilities; 9. Location, names and widths of all existing and proposed streets, roads and access easements within the proposed short subdivision, subdivision, or binding site plan and within 100 feet thereof, or the nearest City street if there is no City street within 100 feet of the subject property; 10. All - ' e e,*-- -- easements, including border easements, or tracts proposed to be dedicated for any public purpose or for the common use of the property owners of the short plat, plat or binding site plan; 11.All existing easements that affect the subject property; Title 20—Public Hearing Draft_ Page 10 of 25 November 21, 2008; modified December 11, 2008 Jr-1-12. Location of any natural features such as wooded areas, streams, drainage ways, special flood hazard areas identified on the Flood Insurance Rate Map, or critical areas as defined in SVMC Title 21; 1213. Location of existing buildings, septic tanks, drainfields, wells or other improvements, and a note indicating if they will remain or be removed; 1314. Whether adjacent property is platted or unplatted. If platted, give the name of the subdivision. If the proposed short subdivision, subdivision or binding site plan is the subdivision of a portion of an existing plat, the approximate lines of the existing plat are to be shown and a copy of the existing plat, along with an the recording numbers of any recorded covenants and easements; 4415. Topographic information at twofive-foot maximum contour intervals, or at two-foot intervals where overall site topography is too flat to be depicted by five-foot intervals. Delineate areas with any slopes that are greater than thirty (30) percent.; andease _e- - e . - - - •e - e- _ . e _ ,. -- direction of a professional land surveyor; 1516. "Site data table" showing number of proposed lots, e. -r - • _+ e arca for each lot, existing zoning, water supplier, and method of sewerage; (Ord. 07 015 § /1, 2007). 20.30.030 Processing applications. Preliminary short subdivisions and binding site plans are classified as Type II applications; preliminary subdivisions are classified as Type III applications. Both application types shall be processed pursuant to the applicable provisions of Chapter 17.80 SVMC. (Ord. 07-015 § 4, 2007). 20.30.040 Distribution of plans. When the department determines that the application is complete pursuant to SVMC 17.80.100, the department shall distribute the application materials to affected agencies. The department or reviewing agencies may request additional information during the review process. (Ord. 07-015 § 4, 2007). 20.30.050 Expiration of preliminary approval. Approval of a preliminary short subdivision, subdivision, or binding site plan shall automatically expire five years from the date of approval unless a complete application for a final short subdivision, subdivision, or binding site plan meeting all requirements under this title is submitted to the City. Extension of time may be granted as provided in SVMC 20.30.060. (Ord. 07-015 § 4, 2007). 20.30.060 Time extensions. An application form and supporting data for time extension requests must be submitted to the department at least 30 days prior to the expiration of the preliminary short subdivision, subdivision, or binding site plan. Time extension requests shall be processed as a Type I application pursuant to Chapter 17.80 SVMC. The director may approve an extension provided there are no significant changed conditions or changed development regulations which would render recording of the short subdivision, subdivision or binding site plan contrary to the public health, safety or Title 20—Public Hearing Draft_ Page 11 of 25 November 21.2008: modified December 11. 2008 general welfare; and provided one or more of the following circumstances is found to apply: A. That some portion of the existing preliminary short subdivision, subdivision, or binding site plan has been finalized since the project was approved and the remaining lots would form a unified development consistent with the original approval; B. That the preliminary short subdivision, subdivision, or binding site plan remains generally consistent with the original plat or binding site plan that was approved, and the applicant has taken substantial steps toward finalizing the plat or binding site plan, which shall include at least one of the following: 1. Surveying the lots within the development; 2. Arranging for public services to the site; 3. Obtaining necessary financing for all or a portion of the preliminary short subdivision, subdivision, or binding site plan; and/or 4. Completing studies or other requirements which were part of preliminary short subdivision, subdivision, or binding site plan approval; C. That at the time preliminary approval was granted, development of the proposal was conditioned upon the extension of public services which are not yet available. This provision shall not apply to public utility extensions which the project sponsor would normally fund. If the conditions set forth in subsections A, B or C of this section are met, the department may grant a single, one-year time extension. Prior to granting time extensions, the director shall circulate the time extension request to affected agencies for comments. Additional or altered conditions recommended by affected agencies may be required as a condition of this extension. City departments may also recommend additional or altered conditions. The department shall issue a written decision approving or denying the time extension request and provide copies to affected agencies, the applicant, and those parties requesting a copy of such decision. Appeals of a time extension shall be filed in a manner consistent with the provisions of Chapter 17.90 SVMC. (Ord. 07-015 §4, 2007). Title 20—Public Hearing Draft ..��..,,-....a..�.b„-. 'µM�~7„1�,��•V~ ^.�.,..,..,...,.w.,..�' Page 12 of 25 November 21. 2008: modified December 11. 2008 Chapter 20.40 FINAL SHORT SUBDIVISIONS, SUBDIVISIONS, AND BINDING SITE PLANS Sections: 20.40.010 Final submittal. 20.40.020 Contents of final plat. 20.40.030 Filing final short plat, plat or binding site plan. 20.40.040 Bond in lieu of construction limitations. 20.40.050 Phasing. 20.40.010 Final submittal. A. The final short subdivision, subdivision, or binding site plan shall incorporate all conditions of the preliminary approval. The final short subdivision, subdivision, or binding site plan shall incorporate all conditions of approval imposed by the hearing examiner. B. All final subdivision, short subdivision or binding site plan submittals shall include the following: 1. A minimum of 10 copies of the proposed final short plat, plat or binding site plan; 2. Appropriate fees; 3. Three copies of a plat certificate dated within 30 days of the application filing date confirming that the title of the lands as described and shown on the short plat, subdivision, or BSP is in the name of the owners signing; and 4. Maps and exhibits shall also be submitted in one of the following electronic file formats at the time the mylars are submitted, unless this requirement is waived by the Director: a. pdf (Portable Document Format A - ._ ational CAD Standard); b. tiff (Tagged Image File Format) ESRI .shp (fully thematically classified layers); c. bitmapMicrostation .dgn (National CAD Standard); or d. Other commonly used format as approved by the director. 5. Electronic submittals shall be in accordance with the following criteria: a. Submittals shall utilize a file name using the City submittal number. For example, SUB-08-06.xxx or SHP-22-07.xxx; b. Lines, text and details shall be complete, clear and crisp and at a resolution that enables the smallest detail to be recognized and understood when magnified. c. The electronic files shall be delivered on a cd or dvd that is legibly labeled with subdivision name and phase; submittal number; file creation date; and contact information (firm name, address and phone number). As an option, an email submittal is acceptable and shall include a letter transmittal with the same information. d. CADD criteria - reserved Title 20—Public Hearing Draft ��__.......,,.w......�,.v..�.,�,.•..�,..�„�...�.,..._�....�.,._. ............_..._.,.�...Page 13 of 25 ATI-morn liar 91 21-MR• nindiled fecember 11. 2008 C. The final short plat, plat or binding site plan shall show: 1. All monuments found, set, reset, replaced or removed and not replaced, describing their kind, size and location and giving other data relating thereto; 2. Bearing trees, corner accessories or witness monuments, basis of bearings, bearing and length of lines, scale of map with graphic bar scale and north arrow; 3. Any other data necessary for the interpretation of the various items and locations of the points, lines and areas shown; 4. Tics to Reference and show adjoining surveys of record and plats; 5. The allowable error of mathematical closure for the final plat map shall not exceed one foot in 80,000 feet or 0.04 foot, whichever is greater; 6. Bearings and lengths are to be shown for all lines; no ditto marks are to be used; 7. Arrows shall be used to show limits of bearings and distances whenever any chance of misinterpretation could exist; 8. Plat boundary and street monumcntcenter lines having curves shall show radius, arc, central angle and tangent for each curve and radial bearings where curve is intersected by a non-tangent line. Spiral curves shall show two spiral curve elements in addition to the chord bearing and length; 9. Lots along curves shall show arc length along curve and radial bearings at lot cornersand radius. For lot corners that are on non-tangent or non-perpendicular curves, the radial bearing shall be shown- If a curve table is provided, it shall show angle for each segment of the curve along each lot, arc length, tangent length, and radius. Radial 10. All dimensions shall be shown in feet and hundredths of a foot. All bearings and angles shall be shown in degrees, minutes and seconds;Allseconds; All partial measurements shown shall equal the total overall measurements shown. 11. When elevations are needed, permanent bench mark(s) shall be shown on 12. The final short plat, plat or binding site plan shall indicate the actual net area for each platted lot exclusive of the right of way dedicated or private road right of way. Lots one acre and over shall be shown to the closest hundredth of an acre, and all other lots shall be shown in square feet to the nearest square foot; and 12. Boundary points for corners shall be located and referenced to the current control network as established by the Spokane County GPS control project and that coordinate system. The controlling points used by this subdivision shall be indicated on the map. (Ord. 07-015 § 4, 2007). 20.40.020 Contents of final plat. All surveys shall comply with the Survey Recording Act (Chapter 58.09 RCW), minimum standards for survey and land descriptions (Chapter 332-130 WAC), and any applicable City standards for road construction. The contents of a final short subdivision, subdivision or binding site plan shall include the following: A. The final short plat, plat or binding site plan shall be a legibly drawn, printed, or reproduced permanent map. Final short plats shall measure 18 by 24 inches. Final plats and binding site plans shall measure 24 by 36 inches. A two-inch margin shall be provided on the left edge, and a one-half-inch margin shall be provided at the other Title 20—Public Hearing Draft_ Page 14 of 25 November 21. 2008: modified December 11. 2008 edges of the plat. If more than one sheet is required, each sheet shall show sheet numbers for the total sheets. B. The file number of the short plat, plat or binding site plan, location by quarter- quarter of a section, township and range shall be shown. C. The scale shall be 50 (one inch equals 50 feet) or 100 (onc inch equals 100 fast) feet to the inch. If approved by the department, an appropriate scale may be used which does not exceed 200 (one inch equals 200 foot)feet to the inch, provided a 400 (tee ' , - -e- _ �:,+ feet to the inch reduced copy is also submitted. The scale shall be shown in a text form as well as a graphic bar scale. D. A bold distinct widc boundary line shall delineate the existing perimeter boundary of the short plat, plat or binding site plan prior to any dedication to the public. E. The location and widths of streets, alleys, rights-of-way, and easements serving the property, parks and open spaces proposed within the division short plat and those platted easements existing immediately adjacent to the division short plat shall be shown and or identified. Areas to be dedicated to the public must be labeled. F. Layout and names of adjoining subdivisions, subdivision lots or portions thereof shall be shown within and adjacent to the subdivision boundary. G. The layout, lot and block numbers, and dimensions of all lots shall be shown. H. Street names shall be shown. I. Street addresses for each lot shall be shown. J. Plat restrictions required as conditions of preliminary short subdivision, subdivision or binding site plan approval shall be shown. K. • e- _er' - ' . -_ -- e - Existing easements and utility easements shall be identified, shown and labeled. Recording information for the easement(s) shall be provided on the survey. Any easement and/or utility easement being created by this division shall be so identified, shown and labeled. . L. Any special statements of approval required from governmental agencies, including those pertaining to flood hazard areas, shorelines, critical areas, and connections to adjacent state highways shall be shown. M. A notarized certification and acknowledgements by the owner(s) and beneficiary, if other than the city, as shown on a current plat certificate shall be provided dedicating streets, areas intended for other public use, and granting of easements for slope and utilities. N. A certification signed by a professional land surveyor registered in the state of Washington stating that the final short plat, plat or binding site plan was surveyed and prepared by themhim/her, or under thei his/her supervision; that plat is a true and correct representation of the subject land; and that monumentation has been established as required by City standards. Certification must be consistent with RCW 58.09. 0. The city council authorizes final approval of any final plat, short plat, or binding site plan. If the plat contains multiple sheets, the first sheet shall contain the required signatures. The plat must be , if it is reviewed and signed by the following: 1. Spokane Valley public works director Development Services Senior Engineer; 2. Spokane Valley community development director; 3. Spokane County utilities director; Title 20—Public Hearing Draft_ „,....,..e..�.......�.....sA.,.�..__.r...�.,�.�„e....._..,_...._.,.�..,.,.......,,.—��pYPage 15_of 25 Nmromhor 97 2MR• modified December 11. 2008 4. Spokane Regional Health District (only where septic systems and/or private wells are required to serve the development); 5. Spokane County treasurer; 6. Spokane County assessor; 7. Watc purveyor representative; g. Hearing examiner for final subdivision plats only; g. Fire, department representative. (Ord. 07-015 § 4, 2007). 20.40.030 Filing final short plat, plat or binding site plan. The final short plat, plat or binding site plan shall be submitted to the department for review. It shall be routed to appropriate departments and agencies in order to review for compliance with the conditions of approval. Once all reviewing departments and agencies are satisfied, all conditions have been met or appropriate bonding and surety obtained pursuant to SVMC 20.40.040, the final short plat, plat or binding site plan mylar shall be submitted to the department for obtaining the required signatures. Final plats and short plats shall be approved, disapproved, or returned to the applicant within 30 days from the date of receipt filing thereof, unless the applicant consents to an extension of such time period (RCW 58.17.140). The department shall record the completed final short plot, plat, or b-i-oding site plan with the Spokane County auditor. (Ord. 07-015 § 4, 2007). 20.40.035 Recordation The department shall record the completed final short plat, plat, or binding site plan with the Spokane County Auditor's office and submit copies of the recorded documents to the Spokane County Assessor's office. All fees for such recording shall be paid by the applicant prior to recording. 20.40.040 BondSurety in lieu of construction limitations. A. Street improvements: Pursuant to SVMC (code # to be inserted). Street improvements include sidewalks, drainage, and approaches. B. Non —Street Improvements: In lieu of the completion of the actual construction of any required non-street improvements prior to the approval of the final plat, short plat or binding site plan, the public works director Community Development Department may accept a bcndsurety in an amount and with surety-a-1:14 conditions satisfactory to the director Department-and-consistent with the provision of RCW 58.17.130, and the criteria listed below. Non-street improvements, may include, but is not limited to, fencing, landscaping, and trailsonly if all of the following conditions are met:_. A. -- ', •e e . ----- e '..e _ ,---cr _ ' - - - - e e - -e.. - -- e - e a •-- _ The improvements will be completed within one year of the date of final approval; C. The failure to complete the improvement does not impair the function or operation D. The applicant for the surety bond,does not have any outstanding improvements that have not been timely completed within other plats, short plats, or binding site plans within the City; Title 20—Public Hearing Draft � . �m TM Page 16 of 25 November 21. 2008: modified December 11. 2008 E. The improvements could not be completed due to weather or product supply. The surety is in the form of a cash savings assignment or irrevocable letter of credit in an amount of at least 125% of the city estimated value of the outstanding improvements. (Ord. 07-015 § 4, 2007). 20.40.050 Phasing. Any subdivision or binding site plan may be developed in phases or increments. Phasing of short subdivisions or binding site plans is not permitted. A master phasing plan shall be submitted with the preliminary subdivision or binding site plan for approval by the department. The phasing plan may be approved by the director provided: A. The phasing plan includes all land identified within the legal notice; B. The sequence of phased development is identified by a map; C. Each phase has reasonable public or private infrastructure to support the number of dwelling units or proposed commercial or industrial development contained in that phase; D. Each phase constitutes an independent planning unit with facilities, adequate circulation, and any requirements established for the entire subdivision or binding site plan; and provided, that any nonfinalized portion meets the minimum lot size of the underlying zone for the proposed use; and E. The public works departmentDevelopment Services Senior Engineer approves the necessary documents so that all road improvement requirements are assured for that phase. A phasing plan may be amended following preliminary approval. Said plan may be approved administratively provided the above criteria are met. (Ord. 07-015 § 4, 2007). Title 20—Public Hearing Draft_A-•.•7N-•�•e,.y'..._.____.,.��e....�....�...�._�............�.•�e•�.�w.................._.V.....M.,..o,Page 17 of 25 SMR• rnncJifivr1 T)Premher 11. 2008 Chapter 20.50 PRELIMINARY PLAT, SHORT PLAT, AND BINDING SITE PLAN ALTERATIONS Sections: 20.50.010 Applications. 20.50.020 Preliminary plat, short plat and binding site plan alterations — Notice, decision, filing plan. 20.50.010 Applications. An application may be submitted for any proposed alteration to a preliminary plat, preliminary short plat or binding site plan. The application shall contain the signatures of the persons having an ownership interest in the plat or binding site plan. A preliminary plat alteration is classified as a Type II permit and shall be processed pursuant to Chapter 17.80 SVMC. (Ord. 07-015 § 4, 2007). 20.50.020 Preliminary plat, short plat and binding site plan alterations — Notice, decision, filing plan. Any request for a proposed modification to a preliminary short subdivision, subdivision, or binding site plan which has received preliminary approval shall be submitted to the department. Any proposed modification which would amend conditions established administratively shall be circulated to affected agencies for review and comment. An amended decision or amended conditions of approval may be required based on comments received from affected agencies. The director may waive formal processing if it is determined that the proposed modification would not have a substantial impact on adjacent properties, or conditions of approval. This process shall not apply to amending site plans or conditions thereof established by a hearing body that would constitute a "change of condition." Alterations may be approved by the director, if the director determines that the public use and interest will be served by the alteration. Following approval of an alteration, the applicant shall produce a revised drawing of the approved alteration which shall be signed by the director and filed with the City of Spokane Valley community development department. Any preliminary plat, short plat or binding site plan alteration proposed under this section shall be subject to the requirements in Chapter 20.30 and Chapter 20.40. Any proposed modification which would significantly amend conditions established by the hearing examiner shall be processed as a "change of conditions" pursuant to Chapter 20.60 SVMC. (Ord. 07-015 § 4, 2007). Title 20—Public Hearing Draft_..�nT.....w .•_,_e..-•V �.� m_....�.....-�....P.._..._..�..,..�,MK�^'„. Page 18 of 25 Nnvomhor 71 20fR• modified necemher 11. 2008 Chapter 2O_6O FINAL PLAT, AND SHORT PLAT, AND BINDING SITE PLAN ALTERATIONS Sections: 20.60.010 Application. 20.60.020 Final plat alterations— Notice, public hearing, decision, filing requirements. 20.60.030 Final short plat and binding site plan alterations — Notice, decision, filing requirements. 20.60.010 Application. An application may be submitted for any proposed alteration to a final plat-of final short plat, or final binding site plan. The application shall contain the signatures of the majority of those persons having an ownership interest in lots, tracts, parcels, site or divisions in the subject subdivision or portion to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or binding site plan, or portion thereof. A plat alteration is classified as a Type II permit unless a public hearing is requested pursuant to SVMC 20.60.020 in which case the plat alteration shall be classified as a Type III permit. Both permit types shall be processed pursuant to Chapter 17.80 SVMC and in a manner consistent with RCW 58.17.215. (Ord. 07-015 § 4, 2007). Any plat, short plat or binding site plan alteration proposed under this section shall be subject to the requirements in Chapter 20.30 and Chapter 20.40. 20.60.020 Final plat alterations — Notice, public hearing, decision, filing requirements. Upon receipt of a completed application for a final plat alteration, the department shall provide notice of the application to all owners of property within the subdivision, publication in an appropriate regional or neighborhood newspaper or trade journal, and to those owners of property within 400 feet of that portion of the plat proposed for alteration. The notice shall include a statement that a public hearing will not be required unless specifically requested within the time frame indicated below. If a public hearing is requested within 14 days of receipt of the notice, notice of the hearing shall be provided as is set forth in SVMC 17.80.120. Alterations to final plats may be approved if it is determined that the public use and interest will be served by the alteration. Following approval of an alteration, the applicant shall produce a revised drawing of the approved alteration of the final plat, which shall be signed by the director and filed with the Spokane County auditor's office to become the lawful plat of the property. (Ord. 07-015 § 4, 2007). Title 20-Public Hearing Draft� A��.•-_�MX�-�µ�~��y�~.�"�,M"~'T Page 19 of 25 Wrmamhor 71 MN. modified December 11. 2008 20.60.030 Final short plat and binding site plan alterations — Notice, decision, filing requirements. Upon receipt of a completed application for a final short plat or binding site plan alteration, the department shall provide notice of the application to all owners of property within the subdivision, publication in an appropriate regional or neighborhood newspaper or trade journal, and to those owners of property adjacent to that portion of the short plat or binding site plan proposed for alteration. Alterations to final short plats or binding site plans may be approved by the director, if the director determines that the public use and interest will be served by the alteration. Following approval of an alteration, the applicant shall produce a revised drawing of the approved alteration of the final short plat or binding site plan, which shall be signed by the director and filed with the Spokane County auditor's office to become the lawful plat or binding site plan of the property. (Ord. 07-015 § 4, 2007). 20.60.040 Record of Survey to Establish Lots within a Binding Site Plan A record of survey may be filed subsequent to the recording of a final binding site plan to establish lots within the boundaries of the final binding site plan. The record of survey shall be classified as a Type I application and shall be reviewed pursuant to Chapter 17.80 SVMC and approved by the Director. The following information shall be provided on the record of survey: A. The binding site plan file number shall be referenced. B. The scale shall be fifty (50) or one hundred (100) feet to the inch. If approved by the Director, an appropriate scale may be used which does not exceed 1" = 200', provided a 1"=400' reduced 81/2" X 11" copy is provided C. A distinct wide boundary line shall delineate the boundary of the lot(s) being created. The boundary of the binding site plan shall be indicated and any lot(s) that have been created by filing of the final binding site plan and/or record of survey. D. Each lot shall be numbered consecutively, and the size of each lot shall be indicated on the record of survey. E. The location and widths of streets, alleys, rights-of-way, and easements within the binding site plan and those existing immediately adjacent to the lot being created shall be shown. F. Street names shall be shown. G. Street addresses shall be shown. H. Restrictions required as conditions of preliminary approval shall be shown. I. Appropriate utility easements shall be shown. J. Certification of the professional land surveyor licensed in the state of Washington. K. The following signatures are required on the record of survey: 1. City of Spokane Valley Community Development Director 2. City of Spokane Valley Development Services Senior Engineer 3. Property Owner L. Illustrate any existing buildings located on the lot which is being created or altered. The Department shall record approved record of surveys with the Spokane County Auditor's Office and submit copies of the recorded documents to the Spokane County Title 20—Public Hearing Draft_ Page 20 of 25 November 21, 2008; modified December 11, 2008 Assessor's Office. All fees for such recording shall be paid by the applicant prior to recording. Title 20—Public Hearing Draft_ Page 21 of 25 Nnvamher 21. 2008: modified December 1I, 2008 Chapter 20.70 PLAT VACATION Sections: 20.70.010 Plat vacation —Application. 20.70.020 Plat vacation — Process. 20.70.010 Plat vacation —Application. An application may be submitted for the proposed vacation of part or all of a plat. The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites or division in the subject subdivision or a portion to be vacated. (Ord. 07-015 § 4, 2007). 20.70.020 Plat vacation — Process. Vacation of a plat is classified as a Type Ill application. Upon submittal of a complete application for vacation of plat, the department shall process the plat vacation request pursuant to Chapter 17.80 SVMC and in a manner consistent with RCW 58.17.212. (Ord. 07-015 § 4, 2007). Title 20—Public Hearing Draft_ �-__.,._,......�......_.._........,_ -�� Page 22 of 25 Nnvemher 21. 2008: modified December 11. 2008 Chapter 20.80 BOUNDARY LINE ADJUSTMENTS/ELIMINATIONS Sections: 20.80.010 Scope. 20.80.020 Review process. 20.80.030 Application and drawing requirements. 20.80.040 Recordation. 20.80.010 Scope. Boundary line adjustments shall be a minor alteration in the location of lot or parcel boundaries on existing lots or parcels. In this section lot shall mean a parcel of land having fixed boundaries described by reference to a recorded plat, a recorded binding site plan, by metes and bounds, or by section, township, and range, and be of sufficient area to meet minimum zoning requirements. The purpose of the boundary line elimination process is to remove interior lot lines of a parcel comprised of two or more separate lots with contiguous ownership. Boundary line adjustments must be consistent with the following: A. Such alteration shall not increase the number of lots nor diminish in size open space or other protected environments; B. Such alteration shall not diminish the size of any lot_so as to result in a lot_of less square footage than prescribed in the zoning regulations; C. Such alteration shall not result in the reduction of setbacks or a building setback violation or site coverage to less than prescribed by the zoning regulations or areas as required in section 22.130.035 Future Acquisition Areas; and D. All lots resulting from the boundary line alteration shall be in conformance with the design standards of this chapter. (Ord. 07-015 § 4, 2007). 20.80.020 Review process. Boundary line adjustments and eliminations are classified as Type I applications and shall be reviewed pursuant to Chapter 17.80 SVMC. (Ord. 07-015 § 4, 2007). 20.80.030 Application and drawing requirements. Application for a boundary line adjustment or elimination shall be made on forms provided by the department and shall provide the following information: A. Existing Conditions Site Plan. Produce a to-scale site plan on an eight-and-one- half-inch by 11-inch sheet with one-inch margins on all sides showing the following information: 1. The existing dimensions and square footage of the existing property(ies) involved; 2. The location and setbacks of any permanent improvements (i.e., structures, septic systems, etc.) from all property lines; 3. The identification, location and dimension of all access and utility easements; and Title 20—Public Hearing Draft_ Page 23 of 25 )nn2• :rnrh1or7 noron har 7 7. 2008 4. The location, dimensions and names of public and/or private streets abutting the property(ies)i and 5. North arrow and scale shall be noted. B. Proposed Adjustment/Elimination Site Plan. Produce a to-scale plan on an eight- and-one-half-inch by 11-inch sheet with one-inch margins on all sides showing the following information: 1. The location and setbacks of any permanent improvements (i.e., structures, septic systems, etc.) after the proposed boundary line adjustment or elimination from the new property lines; 2. The identification, location and dimension of any access or utility easements after the proposed boundary line adjustment or elimination; 3. The location, dimensions and names of public and/or private streets abutting the property(ies) after the proposed boundary line adjustment or elimination; and 4. Indicate old the existing property lines to be revised with a dashed line and the new proposed property lines with a solid line if applicable, and ;. 5. North arrow and scale shall be noted. C. On a separate sheet of paper (eight and one-half by 11 inches) a written legal description for the existing parcel(s) and the proposed adjusted or eliminated parcel(s) with one-inch margins on all sides. D. One copy each of all involved property owners' recorded deeds, verifying current ownership of the subject property(ies). E. If available, submit a copy of an original plat for the subject property. A copy of the general land office plat is not required. F. A record of survey of the property shall be completed for boundary line adjustments to show distances from the existing improvements to the new property line. adjustment. The survey must be completed by a Professional Land Ssurveyor licensed in the state of Washington. (Ord. 07-015 § 4, 2007). 20.80.040 Recordation. The department shall record approved boundary line adjustments and eliminations with the Spokane County auditor's office and submit copies of the recorded documents to the Spokane County assessor's office. All fees for such recording shall be paid by the applicant prior to recording. (Ord. 07-015 § 4, 2007). Title 20 wPublic Hearing Draft ~111.,r�...�..�•'.'+,••^�-�...,........_-.._�w...e".......�.._.,_.....�..�..........,. Page 24 of 25 1 9MR• vnnrli1'd llaramhvr 7 1. 2008 Definitions to be added to Appendix A: Lot width.average. "Average lot width" means the sum of the length of the front and rear lot line divided by two. In the case of irregularly shaped lots having four or more sides."average lot width" is the sum of the length of two lines. drawn perpendicular to one side line at the widest and narrowest portions of the lot, divided by two. Professional Land Surveyor: A land surveyor licensed in the State of Washington under RCW 18.43 who is qualified by examination and or experience to practice in the field of land surveying. •I., Title 20—Public Hearing Draft Page 25_of 25 Nnvemher 21_ 2008: modified December 11. 2008 17.80.030 Assignment of development application classification. A. Assignment by Table. Land use and development applications shall be classified pursuant to the following table: Table 17.80-1 — Permit Type and Land Use Application Type Land Use and Development Application SRefeVMC Cross Reference Accessory dwelling units 19.40.100 Administrative determinations by community development director, public works Multiple director, or building official Administrative exception 19.140 Administrative interpretation 17.50.010 Boundary line adjustments and eliminations 20.80 Home occupation permit 19.40.140 Record of Survey to Establish Lots within a Binding Site Plan 20.60.040 Type I Right-of-way permits 22.130.060 Shoreline permit exemption (dock permit) 21.50 Site plan review 19.130 Temporary use permit 19.160 Time extensions for preliminary subdivision, short subdivision or binding site 20.30.060 plan Floodplain development 21.30 Building permits not subject to SEPA 21.20.040 Grading permits 24.50 Binding site plan— Preliminary and final 20.50 Binding site plan—Change of conditions 20.50 Wireless communication facilities 22.120 Subdivision—Final 20.40 Type II Plat alterations—Final 20.60 SEPA threshold determination 21.20.060 Preliminary short subdivision, binding site plan—Change of conditions 20.30 Shoreline substantial development permit 21.50 Short subdivision— Preliminary and final 20.30, 20.40 Conditional use permits 19.150 Subdivisions— Preliminary 20.30 T e Ill Variance 19.170 Yp Preliminary subdivision—Change of conditions 20.50 Zoning map amendments (site-specific rezones) 19.30.030 Plat Vacation 20.70.020 � r - S? • HOME BUILDERS ASSOCIATION 5813 East 4th Ave, Ste 201 •Spokane Valley,WA 99212 • (509) 532-4990• Fax(509)532-4980•www.SHBA.com December 11, 2008 Ian Robertson, Planning Commission Chair City of Spokane Valley 11707 East Sprague, Suite 106 Spokane Valley, WA 99206 Re: CTA-04-08 Dear Chairman Robertson and Commission Members: The Spokane Home Builders Association appreciates this opportunity to submit comments regarding the Airport Hazard Overlay proposal. Please accept these statements on behalf of our 1,200 member companies. Our Association supports the effort to increase residential density within this area. Making available an increased amount of buildable land decreases land costs. and as a result, provides more opportunity for home builders to offer affordable homes to residents. We understand there are some issues with approving a proposal to increase density around Felts Field, but believe all options being considered are in compliance with the City's Comprehensive Plan. The Comprehensive Plan discourages, but does not prohibit, density adjacent to the airport. The language within the Comprehensive Plan addressing which densities are discouraged is ambiguous, and leaves the determination of acceptable densities open to interpretation. The area subject to changes is not located within a zone at high-risk for future aircraft accidents. It runs parallel to the runway, not at the end of a runway where residents would be in harm's way by arriving and departing aircraft. Most developable lots are located more than 3,000 feet from the runway, making it an area unlikely to experience damage due to accidents. In research conducted by our staff, it was found only one accident of significance has occurred near the airport in its 85 year history. In 2003, an incoming aircraft crashed due to inclement weather conditions and failure of its instrument landing system. The accident site was located 3.4 miles east of the airport, well outside of the 6,000 foot buffer zone. Noise is a concern any time residences are placed near an airport. We believe residents seeking homes in this area are fully aware of the airport's site and resulting noise which may be present due to the location. To ensure prospective buyers are aware of the potential for increased sound levels in the area, the City could include language on the face of the plat which would serve as notification of possible noise levels above that which is considered customary. We would encourage the Commission to consider approving Option 2, which allows for the greatest increase in the number of available housing opportunities. Thank you for your time, consideration, and the opportunity to comment on this legislation. Respectfully._submitted, Es - treicher Legislative Affairs Coordinator Spokane Home Builders Association Dear Planning Commission Members: Tonight, I am on my way to see my oldest daughter graduate from Embry Riddle University in Prescott, Arizona. Since I most likely will not see you before your next meeting in January, I want to take this opportunity to thank you all for your service this past year. Your dedication has been invaluable to the city in the recommendation of the Sprague Appleway Plan and various code amendments. To Gail and Fred: Thank you for your years of commitment. You can be very proud of your role in the adoption of the City's first Comprehensive Plan, the adoption of the city's Uniform Development Code as well as the past years work. You have completed some of the"heavy lifting" for Planning Commissions to come. I hope that you will be able to see the fruits of your efforts actually take place in the coming years into the vibrant community that we envision. To all of you Happy Holidays and I look forward to working with you next year. Sincerely, j C hi. 14S_Cei,c, Kathy McClung Aoki, .5 [ mn -Rri rn GT C CZ nr: iTil ri 2 2'[i'©IR CITY()T : .ti ftire. 4.. 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