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Agenda 08/24/2006 • SPOKANE VALLEY PLANNING COMMISSION AGENDA Council Chambers -City Hall 11707 E. Sprague Avenue August 24, 2006 6:00 to 9:00 pm I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES VI. PUBLIC COMMENT VII. COMMISSION REPORTS VIII. ADMINISTRATIVE REPORT IX. COMMISSION BUSINESS New Business — Discussion -Title 20 Uniform Development Code, Subdivisions Old Business — Discussion —Title 17 and 18 Uniform Development Code X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT COMMISSIONERS CITY STAFF Gail Kogle, Chair Marina Sukup, AICP Robert Blum, Vice-Chair Greg McCormick, AICP Fred Beaulac Scott Kuhta, AICP John G. Carroll Mike Basinger, Assoc Planner David Crosby Cary Driskell, Deputy City Attorney Ian Robertson Deanna Griffith Marcia Sands www.spokanevalley.orq Title 20-Planning Commission Draft 8/17/2006 Title 20 —Subdivision Regulations 20.05 Authority. This Title is established in accordance with Revised Code of Washington (RCW) Chapter 58.17 which authorizes cities to administer the process for the division of land. 20.10 General Provisions. 20.10.010 Purpose. Pursuant to the purposes set forth in RCW 58.17.010, the regulations included contained in this title are necessary to: 1. Promote the health, safety, and general welfare in accordance with standards established by the state and the city; 2. 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; 3. 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 subdivision with existing and planned streets in the surrounding community; 4. Provide for adequate light and air; 5. Provide for adequate water, sewage, drainage, parks and recreational areas, sites for schools and school grounds, and other public requirements; 6. Provide for proper ingress and egress; 7. Provide for housing and commercial needs of the community; 8. Require uniform monumentation of land divisions and conveyance of accurate legal descriptions; 9. Protect environmentally sensitive areas; 10. 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; 11. To ensure consistency with and to further the goals and policies of the Comprehensive Plan; and 12. To provide a process for the division of land for the following: a) Short subdivision: the division of land into nine (9) 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. b) Subdivision: the division of land into ten (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. c) Binding site plan: An alternative method of dividing property interests and applying to the division of any land for sale or lease which is zoned for Page 1 of 15 Title 20-Planning Commission Draft 8/17/2006 commercial, business, office, or industrial development, or which is to be developed as condominiums or a manufactured home park. 20.10.20 Exemptions. The provisions of this title shall not apply to: 1. Cemeteries and other burial plots while used for that purpose (RCW 58.18.040 (1)); 2. Divisions made by testamentary provisions, or laws of descent (RCW 58.17.040 (3)); 3. 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 RCW 64.32 (Horizontal Regimes Act) or RCW 64.34 (Condominium Act) subsequent to the recording of a binding site plan for all such land (RCW 58.17.040 (7)); 4. 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; and 5. Divisions or acquisition of land for public right-of-way. 6. 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)) 7. A division of land into lots or tracts of less than three acres that is recorded in accordance with RCW 58.09 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). 20.10.25 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, including but not limited to demonstrating the lot was created through one of the following: 1. Lots created through subdivision, a plat approved by the City or Spokane County separately describing the lot in question; or 2. Lots created through short subdivision, a short plat approved by the City or Spokane County separately describing the lot in question; or 3. A deed, contract of sale, mortgage, property tax segregation, plat, or recorded survey describing the lot in question if the instrument was: a. 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 b. 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 c. Executed prior to July 1, 1969 (effective date of RCW 58.17). 20.10.030 Approval required prior to recordation. Page 2 of 15 Title 20-Planning Commission Draft 8/17/2006 Any map, plat or plan 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 20.30.040. 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. 20.10.040 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 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. 20.10.050 Vertical Datum. Where topography is required to be shown, the land survey data must be based on the National Geodetic Vertical Datum (NGVD-88). 20.10.060 Monumentation. Monumentation shall be established as required by City construction standards. In addition, every lot corner shall be marked 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. 20.10.070 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. 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 the RCW 58.09 Survey Recording Act and survey and land descriptions (WAC-332-130). 20.10.080 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: 1. The design, shape, size, and orientation of the tracts should be appropriate for the use for which the divisions are intended, and the character of the area in which they are located. 2. Lot arrangement. a. Side lot lines shall be perpendicular to public street rights-of-way or radial to the right-of-way in the case of curvilinear streets or cul-de-sacs. b. Corner Lots: i. The lot lines at the intersection of two local streets shall run along the hypotenuse of the triangle measured fifteen feet (15'-0") from the intersection adjacent to the street along the front and side of the lot. ii. The lot lines at the intersection of a local street and a collector or arterial shall run along the hypotenuse of the triangle measured twenty-five feet (25'-0") from the intersection adjacent to the street along the front and side of the lot. Page 3 of 15 Title 20-Planning Commission Draft 8/17/2006 iii. No corner lot shall be located at right angles to an adjacent interior lot. iv.Property lines at the intersection of public or private streets, and private driveways intersecting public or private streets that exceed one hundred and fifty (150) feet in length shall be curved and conform generally to the curb line in a manner approved by the City. v. Corner lots serving low density residential development shall have an average width at least fifteen percent (15%) greater that the width of interior lots along both adjacent streets to permit building setback and orientation to both streets. c. Lot Dimensions: i. Lot dimensions shall comply with the minimum standards established in SVMC 22.40. ii. Flag lots are prohibited. Reverse flag lots providing access to alleys or amenities located to the rear of the property are permitted. iii. No lot shall have an average depth greater than three times its average width. d. Double Frontage Residential Lots: i. 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. ii. 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 SVMC 22.80 or 22.90. iii. 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 are located on and along the common lot lines of the adjoining lots. 3. Block dimensions should reflect due regard to the needs of convenient access, public safety, emergency vehicle access, topography, road maintenance, and the provision of suitable sites for the land use planned. a. Block Length. Blocks shall not exceed 800 feet except as provided in the zoning regulations for estate lots, unless unique characteristics associated with the land such as creeks, woods, or parks, justifies a longer length. b. Block Labeling. Blocks shall be identified in sequential alphabetical order. c. Street alignments shall be designed and constructed with appropriate consideration for existing and planned roads, anticipated traffic patterns, topographic and drainage conditions, public safety, and the proposed use of the land so divided. d. All road designs shall be consistent with SVMC 22.130 and adopted street standards. Page 4 of 15 Title 20-Planning Commission Draft 8/17/2006 4. 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 and roads, such as to permit a subsequent redivision in conformity with roads or plans adopted by the City. 5. Lots should not be divided by the boundary of any city, county, zoning designation, or public right-of-way. 6. Every lot shall have direct access to a paved public street, private street, or private driveway easement. 7. 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 or private driveways that provide access to lots being created through the short subdivision, subdivision, or binding site plan consistent with appropriate City adopted standards. 8. Wastewater design shall be in compliance with all applicable City and other agencies' regulations. 9. Adequate public domestic water supply and/or fire protection shall be provided in compliance with all applicable City and other agencies' regulations. 10. Provisions for stormwater runoff shall be in compliance with City guidelines for stormwater management as set forth in SVMC 22.150. 11. Easements for electric, water, sewer, gas, and similar utilities shall be illustrated on the final 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. 12. The short subdivision, subdivision, or binding site plan shall provide underground utilities within public rights-of-way, 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. 20.10.090 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: 1. The public health, safety, and general welfare; 2. Open spaces; 3. Drainage ways; 4. Streets or roads, alleys, sidewalks, and other public ways; 5. Transit stops; 6. Public potable water supplies; 7. Sanitary sewer; 8. Parks and recreation; 9. Playgrounds, schools and schoolgrounds; Page 5 of 15 Title 20-Planning Commission Draft 8/17/2006 10. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; 11. Whether the public interest will be served by the short subdivision, subdivision, and binding site plan; 12. The proposed short subdivision, subdivision or binding site plan is in conformity with all applicable development code provisions; and 13. Other requirements found to be necessary and appropriate. 20.20 Preliminary Short Subdivisions, Subdivisions and Binding Site Plans 20.20.010 Application. Prior to filing an application for preliminary short subdivision or binding site plan with the department, it is recommended that the applicant request a pre-application conference pursuant to the provisions of SVMC 17.40 to obtain application forms and receive general information regarding the short subdivision process. Prior to filing an application for a preliminary subdivision, a pre-application conference pursuant to the provisions of SVMC 17.40 is required. 20.20.020 Contents of Application. Every preliminary short subdivision, subdivision or binding site plan shall consist of the appropriate application form, applicable fees and the following: 1. Maps and exhibits: a. Ten (10) copies of the preliminary short plat, plat or binding site plan which shall be a legibly drawn map, eighteen by twenty-four (18x24) inches for short plats; twenty-four by thirty-six (24x36) inches in size for plats and binding site plans at a scale of 1"=50' or 1"=100'. If approved by the department, an alternative appropriate scale may be used; b. One (1) reduced (8 %x11 or 11x17 inches) copy of the preliminary short plat, plat or binding site plan; c. One (1) copy of the Spokane County Assessor's '/2 section map clearly indicating the subject property. Additionally, all adjacent properties with parcel numbers must be indicated on the % section map. Assessor's maps for preliminary subdivisions shall indicate the parcel numbers of all properties within three hundred (300) 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 three hundred (300) feet of the applicant's ownership. d. Legal description of the subject property with the source of the legal description clearly indicated; e. Public notice packet; and f. SEPA environmental checklist for preliminary subdivisions and binding site plans. 2. Preliminary short subdivision, subdivision or binding site plan data (to be included on the preliminary short plat, plat or binding site plan). Page 6 of 15 Title 20-Planning Commission Draft 8/17/2006 a. 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; b. Title of the proposal. c. Location of subject property by section, township and range; d. A written narrative describing the proposal including but not limited to the number of proposed lots, nature of surrounding properties, proposed access and timing of phasing of the development. The narrative shall also address compliance to applicable sections of the development code and other applicable regulations; e. Vicinity map that clearly indicates the subject property; f. North arrow, scale and boundary of the proposed short plat, plat, or binding site plan; g. Boundaries of all block, the designation of lots, lot lines and dimensions; h. Location of existing utilities; i. 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; j. All existing or proposed 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; k. Location of any natural features such as wooded areas, streams, drainage ways, or critical areas as defined in SVMC Title 21; I. Location of existing buildings, septic tanks, drainfields, wells or other improvements, indicating if they will remain or be removed; m. 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 any and all recorded covenants and easements; n. Topographic information at two foot intervals. Topographic information required by this section must be collected by or under the direction of a professional land surveyor; and o. "Site Data Table" showing number of proposed lots, frontage for each lot, lot area for each lot, existing zoning, water supplier, method of sewerage. 20.20.030 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 SVMC 17.40. 20.20.040 Distribution of Plans. Page 7 of 15 Title 20- Planning Commission Draft 8/17/2006 When the department determines that the application is complete pursuant to SVMC 17.40.100, the department shall distribute the application materials to affected agencies. The department or reviewing agencies may request additional information during the review process. 20.20.050 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 20.20.060. 20.20.60 Time Extensions. An application form and supporting data for time extension requests must be submitted to the department at least thirty (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 SVMC 17.40. 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 general welfare; and provided one or more of the following circumstances is found to apply: 1. 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; 2. That the preliminary short subdivision, subdivision, or binding site plan remains generally consistent with 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: a. Surveying the lots within the development; b. Arranging for public services to the site; c. Obtaining necessary financing for all or a portion of the preliminary short subdivision, subdivision, or binding site plan; d. The completion of studies or other requirements which were part of preliminary short subdivision, subdivision, or binding site plan approval; 3. 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 SVMC 20.20.060(1), (2), or (3) are met, the department may grant a single one-year time extension. Prior to granting time extensions, the director shall circulate the I 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. Page 8 of 15 Title 20-Planning Commission Draft 8/17/2006 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 SVMC 17.50. 20.30 Final Short Subdivisions, Subdivisions, and Binding Site Plans 20.30.010 Final Submittal. 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. All final subdivision, short subdivision or binding site plan submittals shall include the following: 1. A minimum of ten (10) copies of the proposed final short plat, plat or binding site plan; 2. Appropriate fees; 3. Three copies of a plat certificate. The final short plat, plat or binding site plan shall show: 1. All monuments found, set, reset, replaced or removed, 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 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. Ties to adjoining surveys of record. 5. The allowable error of mathematical closure for the final plat map shall not exceed one foot in eighty thousand 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 monument 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 chord bearing and length. 9. Lots along curves shall show arc length along curve and radial bearings at lot corners. 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 bearings along lot lines will 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 seconds. 11. When elevations are needed, permanent bench mark(s) shall be shown on the final short plat in a location and on a datum plane approved by the City. Page 9 of 15 Title 20-Planning Commission Draft 8/17/2006 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. 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. 20.30.20 Contents of Final Plat. All surveys shall comply with the Survey Recording Act (RCW 58.09), survey and land descriptions (WAC-332-130), and City standards for road construction. The contents of a final short subdivision, subdivision or binding site plan shall include the following: 1. The final short plat, plat or binding site plan shall be a legibly drawn, printed, or reproduced permanent map. Final short plats shall measure eighteen by twenty-four (18x24) inches. Final plats and binding site plans shall measure twenty-four by thirty- six (24x36) inches. A two-inch margin shall be provided on the left edge, and a one- half-inch margin shall be provided at the other edges of the plat. If more than one sheet is required, each sheet shall show sheet numbers for the total sheets. 2. The file number of the short plat, plat or binding site plan; location by section, township and range shall be shown. 3. The scale shall be fifty (1"=50') or one hundred (1"=100') feet to the inch. If approved by the department, an appropriate scale may be used which does not exceed two- hundred (1"=200') feet to the inch, provided a four-hundred (1"=400') feet to the inch reduced copy is also submitted. 4. A distinct wide boundary line shall delineate the boundary of the short plat, plat or binding site plan. 5. The location and widths of streets, alleys, rights-of-way, easements, parks and open spaces proposed within the short plat and those existing immediately adjacent to the short plat shall be shown. Areas to be dedicated to the public must be labeled. 6. Layout and names of adjoining subdivisions shall be shown within and adjacent to the subdivision boundary. 7. The layout, lot and block numbers, and dimensions of all lots shall be shown. 8. Street names shall be shown. 9. Street addresses for each lot shall be shown. 10. Plat restrictions required as conditions of preliminary short subdivision, subdivision or binding site plan approval shall be shown. 11. Appropriate utility easements shall be shown. 12. 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. 13. A notarized certification by the owner(s) 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. 14.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 himself/herself, or under his/her supervision; that plat is a true and Page 10 of 15 Title 20-Planning Commission Draft 8/17/2006 correct representation of the subject land; and that monumentation has been established as required by City standards. 15. The city council authorizes final approval of any final plat, short plat, or binding site plan, if it is reviewed and signed by the following: a. Spokane Valley Public Works Director; b. Spokane Valley Community Development Director; c. Spokane County Utilities Director; d. Spokane Regional Health District; e. Spokane County Treasurer; f. Spokane County Assessor; g. Water purveyor representative; h. Hearing examiner for final plats only. 20.30.030 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 20.30.040, 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 thirty days from the date of 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 plat, plat, or binding site plan with the Spokane County Auditor. 20.30.40 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 director may accept a bond in an amount and with surety and conditions satisfactory to the Director and consistent with the provision of RCW 58.17.130, only if all of the following conditions are met: 1. The improvement or improvements constitute less than 5 % of the total capital requirements for the plat, short plat or binding site plan. 2. The improvements will be completed within one (1) year of the date of final approval. 3. The failure to complete the improvement does not impair the function or operation of the transportation, sewer, water, or stormwater systems. 4. The applicant for the 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. 5. The improvements could not be completed due to weather or product supply. 20.30.50 Phasing. Any subdivision 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 for approval by the department. The phasing plan may be approved by the director provided: Page 11 of 15 Title 20-Planning Commission Draft 8/17/2006 1. The phasing plan includes all land identified within the legal notice; 2. The sequence of phased development is identified by a map; 3. Each phase has reasonable public or private infrastructure to support the number of dwelling units contained in that phase; 4. Each phase constitutes an independent planning unit with facilities, adequate circulation, and any requirements established for the entire subdivision; and provided that any non-finalized portion meets the minimum lot size of the underlying zone for the proposed use; and 5. The Public Works Department 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. 20.50 Final Plat and Short Plat Alterations 20.50.010 Application. An application may be submitted for any proposed alteration to a final plat or final short plat. 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 portion thereof. A plat alteration is classified as a Type II Permit unless a public hearing is requested pursuant to SVMC 20.50.020 below in which case the plat alteration shall be classified as a Type III Permit. Both permit types shall be processed pursuant to SVMC 17.40 and in a manner consistent with RCW 58.17.215. 20.50.020 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 (300) three hundred 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 timeframe 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 17.40.120. 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. 20.50.30 Final Short Plat Alterations. Notice. Decision. Filing Requirements. Page 12 of 15 Title 20-Planning Commission Draft 8/17/2006 Upon receipt of a completed application for a final short 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 adjacent to that portion of the short plat proposed for alteration. Alterations to final short plats 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, which shall be signed by the director and filed with the Spokane County Auditor's office to become the lawful plat of the property. 20.60 Preliminary Plat , Short Plat, and Binding Site Plan Alterations 20.60.010 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 SVMC 17.40. 20.60.20 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 proposed modification which would significantly amend conditions established by the hearing examiner shall be processed as a "change of conditions" pursuant to SVMC 17._ 20.70 Plat Vacation 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. 20.70.020 Plat Vacation — Process. Page 13 of 15 Title 20-Planning Commission Draft 8/17/2006 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 SVMC 17.40 and in a manner consistent with RCW 58.17.212. 20.80 Boundary Line Adjustments/Eliminations 20.80.010 Scope. Boundary line adjustments shall be a minor alteration in the location of lot boundaries on existing lots. 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: 1. Such alteration shall not increase the number of lots nor diminish in size open space or other protected environments. 2. 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. 3. Such alteration shall not result in the reduction of setbacks or site coverage to less than prescribed by the zoning regulations. 4. All lots resulting from the boundary line alteration shall be in conformance with the design standards of this chapter. 20.80.020 Review Process. Boundary line adjustments and eliminations are classified as Type I applications and shall be reviewed pursuant to SVMC 17.40. 20.80.30 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: 1. Existing conditions site plan — produce a to-scale site plan on an 8 1/2 x 11 inch sheet with one inch margins on all sides showing the following information: a. The existing dimensions and square footage of the existing property/properties involved; b. The location and setbacks of any improvements ( i.e. structures, septic systems, etc.) from all property lines; c. The location and dimension of all access and utility easements; and d. The location, dimensions and names of public and/or private streets abutting the property(ies). 2. Proposed adjustment/elimination site plan — produce a to-scale plan on an 81/2 x 11 inch sheet with one (1) inch margin on all sides showing the following information: a. The location and setbacks of any improvements ( i.e. structures, septic systems, etc.) after the proposed boundary line adjustment or elimination from the new property lines; b. The location and dimension of any access or utility easements after the proposed boundary line adjustment or elimination; Page 14 of 15 Title 20-Planning Commission Draft 8/17/2006 c. The location, dimensions and names of public and/or private streets abutting the property(ies) after the proposed boundary line adjustment or elimination; and d. Indicate old property lines with a dashed line and the new property lines with a solid line. 3. On a separate sheet of paper (8 1/2 x 11 inches) a written legal description for the existing parcel(s) and the proposed adjusted or eliminated parcel(s) with one (1) inch margins on all sides. 4. One (1) copy each of all involved property owners' recorded deeds, verifying current ownership of the subject property(ies). 5. If available, submit a copy of an original plat for the subject property. 6. If the boundary line adjustment results in a decrease of distance between a property line and any structure on the site to less than ten (10) feet from the required setback, a record of survey of the property shall be completed to prove that no illegal building setbacks will be created as a result of the boundary line adjustment. The survey must be completed by a surveyor licensed in the State of Washington. 20.80.40 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. Page 15 of 15