HomeMy WebLinkAboutOrdinance 09-002 Amending SVMC Title 20 CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.09-002
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON AMENDING ORDINANCE 07-015 SPOKANE VALLEY MUNICIPAL
CODE CHAPTER 20.20 GENERAL PROVISIONS, SECTIONS 20.20.010-20.20.090
AND ADDING SECTION 20.20.110; CHAPTER 20.30 PRELIMINARY SHORT
SUBDIVISIONS, SUBDIVISIONS AND BINDING SITE PLANS,SECTIONS 20.30.010—
20.30.20; CHAPTER 20.40 FINAL SHORT SUBDIVISIONS, SUBDIVISIONS, AND
BINDING SITE PLANS, SECTIONS 20.40.010-20.40.050; CHAPTER 20.50
PRELIMINARY PLAT, SHORT PLAT, AND BINDING SITE PLAN ALTERATIONS,
SECTION 20.50.020; CHAPTER 20.60 FINAL PLAT AND SHORT PLAT
ALTERATIONS SECTION 20.60.010, 20.60.030 AND ADDING 20.60.040; AND
CHAPTER 20.80 BOUNDARY LINE ADJUSTMENTS/ELIMINATIONS SECTIONS
20.80.010 AND 20.80.030; AND REPEALING ORDINANCE 08-021.
WHEREAS, the City of Spokane Valley adopted the Uniform Development Code (UDC) pursuant to
Ordinance 07-015, on the 24th day of September, 2007; and
WHEREAS,the UDC became effective on 28th day of October, 2007; and
WHEREAS,the Spokane Valley Planning Commission held a public hearing on the proposed amendment
on December 11th, 2008 and determined that it was appropriate to correct the errors and inconsistencies,
improve submittal and review processes, clarify vague procedures or language, and add provisions for
land use actions that were not previously identified; and
WHEREAS, the Spokane Valley Planning Commission determined that the amendments proposed met
the criteria for approving a text change to the Code since it bears a substantial relation to the public
health, safety, and welfare of the citizens, and it is consistent with the goals and policies of the Spokane
Valley Comprehensive Plan.
NOW THEREFORE, THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH
BELOW:
Section One: Chapter 20.20 General Provisions shall be amended as follows:
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.
Ordinance 09-002 Amending Title 20 Page 1 of 16
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;
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. 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. 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:
1. Cemeteries and other burial plots while used for that purpose (RCW 58.17.040(1)); .
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:
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));
2. 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;
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-
Ordinance 09-002 Amending Title 20 Page 2 of 16
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).
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 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).
20.20.060 Vertical datum.
Where topography is required to be shown,the land survey data must be based on the North American
Vertical Datum (NAVD-88). (Ord. 07-015 § 4,2007).
20.20.070 Monumentation.
Right-of-way, street centerline and street intersection monumentation shall be established as described
by City adopted street standards. In addition, for short subdivision, subdivision or binding site plans,
Ordinance 09-002 Amending Title 20 Page 3 of 16
every lot corner shall be marked or referenced 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, , and WAC 332-130 . (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 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 W i
may be within twenty degrees of perpendicular, j
or radial to the right-of-way in the case of /� X
•
curvilinear streets or cul-de-sacs. /
/ 3 a
2. Corner Lots. / W
a. The lot lines at the intersection BORDER EASEMENT
IS
of two public streets shall be located a minimum
.'�
of two feet behind the back of curb. ; TANGENT LANDYNG• —
SIDEWALK
b. At the intersection of two CURB
arterial streets (collector, minor or principal), _ RIGHT OF WAY "-2 KIN.
the applicant shall provide a widened border
ARTERIAL
easement area behind the pedestrian ramp
landing for the placement of street lights, traffic signals, et cetera and their Figure 20.20.01
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 cetera. . . Corner lots in single family or two-
family 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;
Ordinance 09-002 Amending Title 20 Page 4 of 16
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. Block length shall be per the adopted Street Standards.
2. Block and Lot Labeling. Blocks and lots shall be identified in sequential numerical order.
3. Street alignments shall be designed and constructed with appropriate consideration for existing
and planned 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 lots and streets, 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 red vision.
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.
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 agency 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 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 regulations for stormwater
management as set forth in Chapter 22.150 SVMC.
L. Existing and proposed easements 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;
Ordinance 09-002 Amending Title 20 Page 5 of 16
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.
Section Two: Chapter 20.30 Preliminary Short Subdivisions, Subdivisions and Binding Site Plans
shall be amended as follows:
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 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
Ordinance 09-002 Amending Title 20 Page 6 of 16
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. 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;
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 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.
5. 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, , lot lines 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 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;
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;
13. Location of existing buildings, septic tanks, drainfields, wells or other improvements, and a
note indicating if they will remain or be removed;
Ordinance 09-002 Amending Title 20 Page 7 of 16
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 the recording numbers of any recorded covenants and easements;
15. Topographic information at five-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.; and
16. "Site data table" showing number of proposed lots, , existing zoning, water supplier, and
method of sewerage.
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 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.
Ordinance 09-002 Amending Title 20 Page 8 of 16
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).
Section Three: Chapter 20.40 Final Short Subdivisions, Subdivisions, and Binding Site Plans shall
be amended as follows:
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.
20.40.035 Recordation
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 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);
b.tiff(Tagged Image File Format);
c. bitmap; 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 SHIP-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
Ordinance 09-002 Amending Title 20 Page 9 of 16
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. 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 center 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 and 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. ;
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; All partial measurements shown shall equal the total overall
measurements shown.
l 1. The final short plat, plat or binding site plan shall indicate the actual net area for each platted
lot exclusive of 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. 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 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 or 100 feet to the inch. If approved by the department, an appropriate scale
may be used which does not exceed 200 feet to the inch, provided a 400 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 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 and those platted easements existing immediately adjacent
to the division 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.
Ordinance 09-002 Amending Title 20 Page 10 of 16
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. 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 him/her, or under 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.
O. 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
reviewed and signed by the following:
1. Spokane Valley Development Services Senior Engineer;
2. Spokane Valley community development director;
3. Spokane County utilities director;
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. Hearing examiner for final subdivision plats only;
. . (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 thereof, unless the applicant consents to an extension of such time period(RCW 58.17.140).. (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 Surety in lieu of construction limitations.
A. Street improvements: Pursuant to SVMC 22.130.040, 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
Community Development Department may accept a surety in an amount and with conditions satisfactory
Ordinance 09-002 Amending Title 20 Page 11 of 16
to the Department 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 trails.
1. The improvements will be completed within one year of the date of final approval;
2. The applicant for the surety does not have any outstanding improvements that have not been
timely completed within other plats, short plats, or binding site plans within the City;
3. 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 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 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).
Section Four: Chapter 20.50 Preliminary Plat, Short Plat, and Binding Site Plan Alterations shall
be amended as follows:
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.
Ordinance 09-002 Amending Title 20 Page 12 of 16
•
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).
Section Five: Chapter 20.60 Final Plat and Short Plat Alterations shall be amended as follows:
Chapter 20.60
FINAL PLAT,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.
20.60.040 Record of Survey to Establish Lots within a Binding Site Plan
20.60.010 Application.
An application may be submitted for any proposed alteration to a final plat 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.
Ordinance 09-002 Amending Title 20 Page 13 of 16
Alterations to final plats may be approved if it is determined that the public use and interest will he
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).
20.60.030 Fin.a.l 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 Assessor's Office. All fees for such
recording shall be paid by the applicant prior to recording.
Ordinance 09-002 Amending Title 20 Page 14 of 16
Section Six: Chapter 20.80 Boundary Line Adjustment/Eliminations shall be amended as follows:
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 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
4. The location, dimensions and names of public and/or private streets abutting the property(ies);
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;
Ordinance 09-002 Amending Title 20 Page 15 of 16
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 the existing property lines to be revised with a dashed line and the 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. he survey must be completed by a
Professional Land Surveyor 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).
Section Seven: Repeal Ordinance 08-021. Ordinance 08-021 is hereby repealed upon the effective date
of this ordinance.
Section Eight: Severability. If any section, sentence, clause or phrases of this Ordinance should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section,clause or phrase of
this Ordinance.
Section Nine: Effective Date. This ordinance shall be in full force and effect five (5) days after the
publication of the Ordinance, or a summary thereof, occurs in the official newspaper of the City as
provided by law.
Passed by the City Council this 24th day of February,2008.
A .V�� ' //AM/
yror, Richard d nson
AT
/ Lt. —
:;Ir...............__________
City Clerk,Christine Bainbridge
Approved as to Form:
i
—, i4,/,.4 —.....-1.■:—' ■...//I./
Office o he City Attorney
Date of Publication: 03-0. ∎'
Effective Date: 03-11-09
Ordinance 09-002 Amending Title 20 Page 16 of 16