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2020, 09-24 Agenda PacketSpokan�� jUalley- Spokane Valley Planning Commission Regular Meeting Agenda City Hall Council Chambers, 10210 E. Sprague Ave. September 24, 2020, 2020 6:00 p.m. 1. PLEASE NOTE: Meetings are being held electronically in response to Governor Inslee's March 24, 2020 Proclamation concerning our recent State of Emergency, which waives and suspends the requirement to hold in -person meetings and provides options for the public to attend remotely. 2. Public wishing to make comments will need to email plannina_spokanevalley.or2 prior to 4:00 pm the day of the meeting in order to be to speak during the comments period during the meeting. Comments can also be emailed. Send an email to plannina2wspokanevalley.o and comments will be read into the record or distributed to the Commission members through email. 3. Link to Zoom Meeting information: https://spokaneval ley.zoom.us/i/94994368021 Meeting ID: 949 9436 8021 One tap mobile +12532158782„94994368021# US (Tacoma) Dial by your location +1 253 215 8782 US (Tacoma) Meeting ID: 949 9436 8021 Find your local number: https://spokanevalley.zoom.us/u/aeEBggGStf 4. CALL TO ORDER 5. PLEDGE OF ALLEGIANCE 6. ROLL CALL 7. APPROVAL OF AGENDA 8. APPROVAL OF MINUTES: September 10, 2020 9. COMMISSION REPORTS 10. ADMINISTRATIVE REPORT 11. PUBLIC COMMENT: On any subject which is not on the agenda. 12. COMMISSION BUSINESS: a. Public Hearing: CTA-2019-0005, A proposed amendment to Title 20, Subdivisions b. Administrative Report: Current Transportation Planning for the South Barker Corridor and Related Street Standards 13. FOR THE GOOD OF THE ORDER 14. ADJOURNMENT Regular Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall September 10, 2020 I. Chair Johnson called the meeting to order at 6:03 p.m. The meeting was held remotely via ZOOM meeting. II. Commissioners, staff and audience stood for the pledge of allegiance. III. Administrative Assistant Deanna Horton took roll and the following members and staff were present: Fred Beaulac Walt Haneke James Johnson Danielle Kaschmitter Tim Kelley, late Bob McKinley, absent Sherri Robinson Cary Driskell, City Attorney Erik Lamb, Deputy City Attorney Jenny Nickerson, Building Official Connor Lange, Planner Deanna Horton, Administrative Assistant Taylor Dillard, Administrative Assistant Marianne Lemons, Office Assistant There was a consensus from the Planning Commission to excuse Commissioner McKinley from the meeting. IV. AGENDA: Commissioner Kaschmitter moved to approve the September 10, 2020 agenda as presented. There was no discussion. The vote on the motion was five in favor, zero against and the motion passed. V. MINUTES: Commissioner Kaschmitter moved to approve the August 27, 2020 minutes as presented. There was no discussion. The vote on the motion was five in favor, zero against and the motion passed. VI. COMMISSION REPORTS: Chair Johnson reported that he continues to attend the Human Rights Task Force meetings. VII. ADMINISTRATIVE REPORT: Building Official Jenny Nickerson mentioned an email sent out to Commission members from Administrative Assistant Deanna Horton regarding staff being willing to work with Commissioners one-on-one to answer any questions regarding agenda items. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: a. Findings of Fact: STV-2020-0001, A Proposed Street Vacation Of A Portion Of Desmet Court Between Indiana And Flora. 09-10-2020 Planning Commission Minutes Page 2 of 4 Commissioner Haneke recused himself from this due to a conflict of interest as his company is involved in the project. He was placed in the Zoom waiting room for the duration of the agenda item. Planner Connor Lange reminded the Planning Commission the findings support the decision to recommend approval to the City Council based on their deliberations after the public hearing that was held on August 27, 2020 for STV-2020-0001, a privately initiated street vacation for a portion of Desmet Court between Indiana Avenue and Flora Road. Commissioner Robinson moved to approve the Findings of Fact for STV-2020-0001. There was no discussion. The vote on the motion was three in favor, zero against and the motion passed. Commissioner Kaschmitter abstained from the vote since she was not attendance at the public hearing. Commissioner Haneke rejoined the meeting. b. Study Session: CTA-2019-0005, A Proposed Amendment to Spokane Valley Municipal Code (SVMC) Title 20 and Title 17, Subdivisions Planner Connor Lange gave a presentation outlining the proposed changes to SVMC Title 20 and Title 17. He explained that the SVMC Title 20 regulates the subdivision of land and provides the framework and procedures for processing preliminary and final subdivisions (both long and short plats), subdivision alterations, binding site plans and vacations of plats. The proposed code text amendment is to ensure that the SVMC Title 20 is consistent with RCW 58.17 so that all procedures and language is consistent with state law. The proposed changes in Title 20 require changes to the Permit Type and Land Use Application table in Chapter 17.80.030 in order to make the codes consistent. Mr. Lange outlined the proposed changes to the municipal code: • Chapter 20.20 General Provisions: Proposed changes will ensure consistency with state law by adding clarification and correct references to "Title 20 SVMC". • Chapter 20.30 Preliminary Short Subdivision, Subdivisions, and Binding Site Plans: Proposed changes include reducing the number of required copies, removing other unnecessary requirements and align the code with state law and other areas of the SVMC. • Chapter 20.40 Final Short Subdivision, Subdivision and Binding Site Plans: Proposed changes include reducing the number of required copies, removing other unnecessary requirements, and updating language in 20.40.020 regarding City Manager final plat authorization and reviewing requirements and 20.40.050 regarding subdivision phasing. • Chapter 20.50 Preliminary Plat, Short Plat, and Binding Site Plan Alterations: Proposed changes include renaming the chapter "Subdivision Alterations" and adding language to 20.50.010 regarding application submittal requirements, adding updates to 20.50.020 outlining procedures for preliminary plat alterations and adding updates to 20.50.030 outlining procedures for final plat alterations. • Chapter 20.60 Final Plat, Short Plat, and Binding Site Plan Alterations: Proposed changes include renaming the chapter "Short Subdivision and Binding Site Plan Alterations", adding language to 20.50.005 regarding purpose, adding language to 20.60.010 regarding application requirements, and adding updates to 20.60.020 regarding procedures for short plat and binding site plan alterations. P) 09-10-2020 Planning Commission Minutes Page 3 of 4 Chapter 20.70 Subdivision, Short Subdivision, and Binding Site Plan Vacation: Proposed changes include language updates to 20.70.020 regarding the subdivision vacation process and language updates to 20.70.030 regarding the short subdivision and binding site plan vacation process. 0 Chapter 17.80 Permit Processing Procedures: Permit Type and Land Use Application table updated to reflect new definitions in Chapter 20 regarding Type II and Type III land uses and updates to cross references. Commissioner Kelley joined the meeting at 6:28 p.m. Commissioner Haneke asked about changes to 20.40.020 regarding approval of final plats. He asked why it is being changed from City Council approval to City Manager approval. City Attorney Cary Driskell answered that the language is being corrected so that it reflects the protocol that is currently in place for all final plats. They are all currently approved by the City Manager (not City Council). Mr. Lange also gave a follow-up discussion regarding the City's use of performance surety. He explained that the use of performance surety is outlined in the Spokane Valley Street Standards 9.14 and an applicant must meet the criteria outlined in the standards. Commissioner Haneke asked about using a performance surety for paving of a project because paving is generally affected by weather. Deputy City Attorney Erik Lamb explained that under the City's street standards regarding proper function and operation of the transportation system, paving would be required prior to allowing a performance surety to be used. However, final determination would be granted by the engineering department if a performance surety could be used for paving in the event of adverse weather. Commissioner Johnson asked for further clarification on this matter from engineering at the next meeting. Commissioner Beaulac asked for clarification about the process when a development is abandoned and someone else decides to continue the development. He wanted to know if the project has to start the whole process over or if it can be picked up where it was left off by the previous developer. Mr. Lange answered that approval would have to be received from the original developer allowing the new person to move forward with the project. Deputy City Attorney Lamb stated that it would also depend on where the project is in the process. With no other questions, Mr. Lange said that a public hearing will be held on September 24, 2020 and he would provide answers to those questions posed by the Commission. X. GOOD OF THE ORDER: Commissioner Beaulac commended Commissioner Johnson on his handling of the chairman position. At the August 27, 2020 meeting Commissioner Kelley raised several issues regarding the way he felt about Commissioner Johnson's involvement in a previous council meeting. Commissioner Kelley wanted to bring to light additional concerns when Commissioner Johnson stated the Commission meeting was not the appropriate place to raise his concerns, and offered to meet him at a more appropriate forum. As Commissioner Kelley continued, Commissioner Kaschmitter requested the conversation to stop. Commissioner Kelley stated he had not heard a motion. Commissioner Kaschmitter moved to end the conversation. The vote on the motion was five in favor, one opposed, and the motion passed. XI. ADJOURNMENT: Commissioner Beaulac moved to adjourn the meeting at 7:10 p.m. There was no discussion. The vote on the motion was six in favor, zero against, and the motion passed. 09-10-2020 Planning Commission Minutes Page 4 of 4 James Johnson, Chair Date signed Deanna Horton, Secretary CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: September 24, 2020 Item: Check all that apply ❑ old business ❑ information FILE NUMBER: CTA-2019-0005. ❑ new business ® public hearing ❑ study session ❑ pending legislation AGENDA ITEM TITLE: Proposed amendment to Title 20 SVMC and Title 17 SVMC. DESCRIPTION OF PROPOSAL: The city initiated code text amendment will provide minor modifications to Title 20 and Title 17 of the Spokane Valley Municipal Code (SVMC) (including but not limited to submittal requirements, required signatures, alterations modifying a public dedication and minor grammatical changes). GOVERNING LEGISLATION: SVMC 17.80.150, SVMC 19.30.040 and RCW 36.70A.106 BACKGROUND: RCW 58.17 provides the framework and procedures for processing preliminary and final subdivisions (long plats), subdivision alterations and vacations of plats. Title 20 SVMC regulates the subdivision of land consistent with the requirements of RCW 58.17. RCW 58.17 also allows for local jurisdictions to create procedures for processing both Short Subdivisions and Binding Site Plans. Title 20 provides the framework and procedures for processing preliminary and final short subdivisions and binding site plans, alterations of short plats and binding site plans and vacations within Spokane Valley. The proposed code text amendment is intended to ensure Title 20 SVMC is consistent with RCW 58.17 and align the code with current processes and the City's organizational structure. Due to the proposed changes in Title 20 SVMC the Permit Type and Land Use Application table in Chapter 17.80.030 must be also be revised. RECOMMENDED ACTION OR MOTION: Conduct the public hearing and deliberate on the amendment. An example motion for approval of the proposed amendment is: "I move to recommend City Council approve CTA-2019-0005 as presented." STAFF CONTACT: Connor Lange, Planner. ATTACHMENTS: 1. Staff Report 2. Proposed draft Amendment Title 20 & Title 17 SVMC; 3. Presentation. RPCA Public Hearing - CTA- 2019-0005 Title 20 Page I of I COMMUNITY AND PUBLIC WORKS BUILDING & PLANNING Spokane STAFF REPORT AND RECOMMENDATION TO THE ,,;0o;FValley PLANNING COMMISSION CTA-2019-0005 STAFF REPORT DATE: September 15, 2020 HEARING DATE AND LOCATION: September 24, 2020, beginning at 6:00 p.m., Due to the restrictions on public gatherings arising from the covid-19 outbreak, and pursuant to Governor Inslee's Stay Home, Stay Healthy Proclamation (No. 20-25) and Proclamation 20-28 (and associated extensions), this hearing will be conducted remotely using web and telephone conference tools. A link to the Zoom meeting will be provided on the agenda and posted to the City's webpage: www.spokanevalIey.org/planningcommission PROPOSAL DESCRIPTION: The city initiated code text amendment will provide minor modifications to Title 17 and Title 20 of the Spokane Valley Municipal Code (SVMC) (including but not limited to submittal requirements, required signatures, alterations modifying a public dedication and minor grammatical and procedural changes). APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, SVMC 17.80.150, 19.30.040. SUMMARY OF CONCLUSIONS: Staff concludes that the proposed amendments to Title 17 and 20 SVMC are consistent with minimum criteria for review and approval, and consistent with the goals and policies of the Comprehensive Plan. STAFF CONTACT: Connor Lange, Planner REVIEWED BY: Jenny Nickerson, Building Official Lori Barlow, Senior Planner ATTACHMENTS: Exhibit 1: Proposed Amendment APPLICATION PROCESSING: SVMC Chapter 17.80, Permit Processing Procedures. The following table summarizes the procedural steps for the proposal. Process Date Department of Commerce 60-day Notice of Intent to Adopt Amendment December 17, 2019 SEPA — DNS Issued January 10, 2020 Publish Notice of Public Hearing: September 4, 2020 & September 11, 2020 BACKGROUND: RCW 58.17 provides the framework and procedures for processing preliminary and final subdivisions (long plats), subdivision alterations and vacations of plats. Title 20 SVMC regulates the subdivision of land consistent with the requirements of RCW 58.17. RCW 58.17 also allows for local jurisdictions to create procedures for processing both Short Subdivisions and Binding Site Plans. Title 20 provides the Staff Report and Recommendation CTA-2019-0005 framework and procedures for processing preliminary and final short subdivisions and binding site plans, alterations of short plats and binding site plans and vacations within Spokane Valley. The proposed code text amendment is intended to ensure Title 20 SVMC is consistent with RCW 58.17 and align the code with current processes and the City's organizational structure. Due to the proposed changes in Title 20 SVMC the Permit Type and Land Use Application table in Chapter 17.80.030 must be also be revised. ANALYSIS: These proposed changes are procedural in nature and do not have any substantive impact on the use or function of private property within the city. These changes will provide a more efficient application process and align the code with the current city organizational structure and state law. A. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT AMENDMENT 1. Compliance with Title 17 (General Provisions) of the Spokane Valley Municipal Code a. Findings: SVMC 17.80.150(F) Municipal Code Text Amendment Approval Criteria The City may approve a Municipal Code Text amendment if it finds that: i. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan; Staff Analysis: The proposed amendment is consistent with Comprehensive Plan goals and policies listed below: LU-G4 Ensure that land use plans, regulations, review processes, and infrastructure improvements support economic growth and vitality. One of the primary strategies for the City related to this land use goal is to "Streamline permitting procedures based on feedback from business and landowners, developers, etc." The updates to Title 20 SVMC will help streamline the submittal requirements relating the division of land. ED-G6 Maintain a positive business climate that strives for flexibility, predictability, and stability. Predictable and stable regulations are key to creating a positive business environment. By ensuring the SVMC aligns with state regulations it will help ensure consistency and stability with the permit process. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment: Staff Analysis: The amendment to the code is procedural and administrative and intended to align the regulations with current practices and overarching laws to support continued development that ensures that public health, safety, welfare and the environment are protected. b. Conclusion(s): The proposed text amendment is consistent with the approval criteria contained in the SVMC 17.80.150(F). Page 2 of 3 Staff Report and Recommendation CTA-2019-0005 2. Finding and Conclusions Specific to Public Comments a. Findings: No public comments have been received to date. b. Conclusion(s): Public noticing was conducted for CTA-2019-0005 in accordance with adopted public noticing procedures. 3. Finding and Conclusions Specific to Agency Comments a. Findings: No agency comments have been received to date. b. Conclusion(s): No concerns noted. B. CONCLUSION For the reasons set forth in Section A the proposed code text amendment to provide minor modifications to Title 17 and 20 SVMC is consistent with the requirements of SVMC 17.80.150(F) and the Comprehensive Plan. Page 3 of 3 Spokane Valley Municipal Code DRAFT Title 20 SUBDIVISION REGULATIONS (3-6- 2020) Attachment 1 Draft CTA-2019-0005 Proposed Amendments to Title 20 Chapter 20.20 GENERAL PROVISIONS Sections: 20.20.010 Purpose. 20.20.020 Exemptions. 20.20.030 Legal lot. 20.20.040 Approval required prior to recordation. 20.20.050 Prohibition against sale, lease or transfer of property. 20.20.060 Vertical datum. 20.20.070 Monumentation. 20.20.080 Professional land surveyor. 20.20.090 General design. 20.20.100 Findings. 20.20.110 Attached single-family subdivisions. 20.20.010 Purpose. Pursuant to the purposes set forth in RCW 58.17.010, these regulations are necessary to: Page 1/22 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. Ensure consistency with and further the goals and policies of the Comprehensive Plan; and L. Provide a process for the division of land for the following: DRAFT CTA-2019-0005 Spokane Valley Municipal Code Page 2/22 DRAFT Title 20 SUBDIVISION REGULATIONS (3-6- 2020) 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; =:nci 3. Binding Site Plan. An alternative method of dividing property interests for nonresidential development and applying to the phased division of any land for sale or lease which is zoned for commercial, business, office, mixed -use, or industrial development, or which is to be developed as condominiums or a manufactured home park. M. All processes of land division set forth in Title 20 SVMC shall be consistent with state law requirements. Anv provision of Title 20 SVMC that conflicts with the requirements of chanter 58.17 RCVS/. as now adopted or hereafter arnended shall be construed and interpreted in a manner so as to be consistent with chapter 58.17 RCW. 20.20.020 Exemptions. A. The provisions of 4S GTitle 20 SVMC 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 Title 20 1- shall not apply to the following; provided, that an application for exemption and drawing consistent with SVMC 20.20.020(C) 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 -! _ (Horizontal Regimes Act) or 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 - 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 for exemption for any of the purposes set forth in SVMC 20.20.020(B) shall be processed to determine whether the division is exempt with a minimum review for compliance with applicable adopted City regulations. The application shall 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). 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: DRAFT CTA-2019-0005 Spokane Valley Municipal Code DRAFT Title 20 SUBDIVISION REGULATIONS (3-6- 2020) Page 3/22 A. Lots created through subdivision, on a plat approved by the City or Spokane County separately describing the lot in question; or B. Lots created through short subdivision, on 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 division of land prior to March 13, 1978; provided, that: 1. A tax segregation request was received by the Spokane County assessor's office prior to said date; or 2. A legal instrument(s) pertaining to said division was filed on record prior to said date; and 3. All state and local land development regulations were met at the time the lot was created or can be met prior to the issuance of a building permit; or E. Development shall be allowed on a lot owned by an innocent purchaser. For purposes of SVMC 20.20.030(E), an "innocent purchaser" is an owner of the property, other than the original owner that created the lot, and who did not have actual notice that the lot was created by a means other than specified in SVMC 20.20.030(A) through (D); or F. In the event a lot was created by a means other than as specified in SVMC 20.20.030(A) through (D), development shall be allowed on such lot if the development does not adversely affect the public interest. When determining the impact on the public interest, the City shall consider the following criteria: 1. Whether the proposed development is consistent with the public health, safety, and general welfare; 2. Whether the use meets the underlying zoning requirements and is consistent with the use of at least one adjoining property; and 3. Whether the lot was created on or before December 31, 2016. In the event an illegally created lot does not meet the criteria of SVMC 20.20.030(A) through (F), a development permit shall not be issued until such time that a legal lot is created. 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 �; G Title 20—_ 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 SAC -Title 20 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 &VMG-Title 20 _` 20.20.060 Vertical datum. Where topography is required to be shown, the land survey data shall be based on the North American Vertical Datum (NAVD-88). DRAFT CTA-2019-0005 Spokane Valley Municipal Code Page 4/22 DRAFT Title 20 SUBDIVISION REGULATIONS (3-6- 2020) 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, 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. 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 Chapter 332-130 WAC. 20.20.090 General design. The design of short subdivisions, subdivisions and binding site plans shall comply with 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 shall be appropriate for the use for which the divisions are intended, and the zoning and land use classification identified in the Comprehensive Plan of the area in which they are located. B. Lot Arrangement. 1. Side lot lines shall generally be perpendicular to public street rights -of -way, but may be within 20 degrees of perpendicular, or radial to the right-of-way in the case of curvilinear streets or cul-de-sacs. 2. Corner Lots. a. The lot lines at the intersection of two public streets shall be located a minimum of two feet behind the back of curb. b. At the intersection of two arterial streets (collector, minor or principal), the applicant may be required to provide a widened border easement or right-of-way area behind the pedestrian ramp landing for the placement of traffic control devices and street lights and their related appurtenances (see Figure 20.20.01). The limits of the border easement and right-of-way area shall be determined by the City at the time of application. This area shall not extend more than 15 feet behind the landing. The boundary of this area may 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 shall be required. The only utilities allowed within this area are those necessary for the function of the proposed lights, signals, et cetera. DRAFT CTA-2019-0005 Spokane Valley Municipal Code DRAFT Title 20 SUBDIVISION REGULATIONS (3-6- 2020) Figure 20.20.01 3. Lot Dimensions. Page 5/22 a. Lot dimensions shall comply with the minimum standards established in Chapter 19.70 SVMC; b. Flag lots are prohibited. Reverse flag lots providing access to alleys or amenities located to the rear of the property are permitted. 4. Double Frontage Residential Lots. a. Double frontage and reverse frontage lots shall be permitted only where necessary to separate residential development from arterial roadway or to overcome specific disadvantages of topography and orientation; b. When lots back to arterials, screening shall be installed on the lot(s) limiting visibility between the arterial and the adjoining lots in accordance with SVMC 22.70.070; 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 shall 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 comply with 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. Lots shall not be divided by the City boundary or public right-of-way, and shall not be divided by any zoning designation unless exceptional circumstances exist. E. Every lot shall have direct access to a paved public street, private street, or an easement for a private driveway. DRAFT CTA-2019-0005 Spokane Valley Municipal Code DRAFT Title 20 SUBDIVISION REGULATIONS (3-6- 2020) Page 6/22 F. 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. G. Wastewater design shall comply with all applicable City regulations and other jurisdictional agency regulations. H. Adequate public domestic water supply and/or fire protection shall be provided in compliance with all applicable City regulations and other jurisdictional agency regulations. I. All road designs shall comply with Chapter 22.130 SVMC and adopted street standards. J. Provisions for stormwater runoff shall comply with City regulations for stormwater management as set forth in Chapter 22.150 SVMC. K. 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 department in writing that the easements are adequate for their service needs. L. 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 city manager may waive the requirement for underground utilities. 20.20.100 Findings. Prior to approving any preliminary short subdivision, subdivision or binding site plan, the department in the case of short subdivisions and binding site plans or the hearing examiner in the case of subdivisions shall determine and make written findings of fact that appropriate provisions are made for the following: A. The public health, safety, and general welfare; B. Open spaces; C. Drainage ways; D. Streets or roads, alleys, sidewalks, and other public ways; E. Transit stops; F. Public potable water supplies; G. Sanitary sewer; H. Parks and recreation; I. Playgrounds, schools and school grounds; J. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; K. Whether the public interest is 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. DRAFT CTA-2019-0005 Spokane Valley Municipal Code DRAFT Title 20 SUBDIVISION REGULATIONS (3-6- 2020) Page 7/22 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 Chapters 20.30 through 20.40 SVMC. Application for an attached single-family subdivision consisting of 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 Chapters 20.30 through 20.40 SVMC. Application for alterations of any preliminary short subdivision or subdivision shall be submitted and processed according to the requirements of Chapter 20.50 SVMC. Applications for alterations of any final short subdivision or subdivision shall be submitted and processed according to the requirements of Chapter 20.60 SVMC. Applications for vacation of any plat shall be submitted and reviewed according to the requirements of Chapter 20.70 SVMC. DRAFT CTA-2019-0005 Spokane Valley Municipal Code Chapter 20.30 PRELIMINARY SHORT SUBDIVISIONS, SUBDIVISIONS AND BINDING SITE PLANS 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. Page 8/22 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 city manager or designee. 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. -Teri copies of the preliminary short plat, plat or binding site plan which shall be a legibly drawn map, 18 by 24 inches in size for short plats; 24 by 36 inches in size for plats and binding site plans at a scale of one inch equals 50 feet or one inch equals 100 feet. If approved by the department, an alternative appropriate scale may be used; 2. One reduced (eight and one-half by 11 inches or 11 by 17 inches) copy of the preliminary short plat, plat or binding site plan; 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 develop eRt s_ode and other applicable regulations; 5. Public Notice Packet. The assessa'T One copy of a narcei map{o indicatina properties immediatelv adiacent to the subiect site and a t#e title company search of current ownership of immediately adiacent prooerties. If the applicant owns adiacent property the mao should indicat- parcels located immediately adiacent to the applicant's ownership. The title company search shall be current within 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; 6. SEPA environmental checklist as applicable pursuant to State and local laws. Ghert plat Of the GenstFUGtion of irripmvements will ORVOlVe mere than F-40-0 GUbiG yards ef gFadinq, eXGavatiGR OF full, OF if GFitiGal areas exist GR site; and DRAFT CTA-2019-0005 Spokane Valley Municipal Code Chapter 20.30 PRELIMINARY SHORT SUBDIVISIONS, SUBDIVISIONS AND BINDING SITE PLANS Page 9/22 7. 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 g-&P 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 400 feet to the inch, except that the city manager or designee 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; 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 30 percent; and 16. Site data table showing number of proposed lots, existing zoning, water supplier, and method of sewerage. DRAFT CTA-2019-0005 Spokane Valley Municipal Code Page 10/22 Chapter 20.30 PRELIMINARY SHORT SUBDIVISIONS, SUBDIVISIONS AND BINDING SITE PLANS 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. 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. 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. 20.30.060 Time extensions. An application form and supporting data for time extension requests shall 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 department 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. The department may grant an initial three-year time extension. Additional one-year extensions may be granted by the department beyond the initial three-year extension. Prior to granting time extensions, the department shall circulate the time extension request to affected agencies for comments. Additional or altered conditions recommended by the department or affected agencies may be required as a condition of this extension. This may include new or updated City regulations deemed necessary to protect the public health, safety, or general welfare. 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. DRAFT CTA-2019-0005 Spokane Valley Municipal Code Chapter 20.40 FINAL SHORT SUBDIVISIONS, SUBDIVISIONS, AND BINDING SITE PLANS 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 Surety in lieu of construction limitations. 20.40.050 Phasing. Page 11/22 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_a-0 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 &&P is in the name of the owners signing-;-aad are submitted, wRless this FequiFerneRt is waived by the Gity M@RageF eF designee: 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; DRAFT CTA-2019-0005 Spokane Valley Municipal Code Page 12/22 Chapter 20.40 FINAL SHORT SUBDIVISIONS, SUBDIVISIONS, AND BINDING SITE PLANS 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; 11. 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. 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. DRAFT CTA-2019-0005 Spokane Valley Municipal Code Page 13/22 Chapter 20.40 FINAL SHORT SUBDIVISIONS, SUBDIVISIONS, AND BINDING SITE PLANS 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. 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 the 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 Chapter 58.09 RCW. O. The city council authorizes _�ie C,t,, Manaa=- or designee to c�ite final approval of any final plat, short plat, or binding site plan. If theplat contains multiple sheets, the first sheet shall contain the required signatures. The plat shall not be considered final unless it is reviewed m.,,asrbe- ro . . ed @Rd signedby the following: 1. Spokane Valley '_:ommunity and Public Works development ^^Ges senior Eengineer; 2. Spokane Valley _city ivlmanager or designee; 3. Spokane County- Environnnental Services Directorutilities daFeGtGF; 4. Spokane Regional Health District (only where septic systems and/or private wells are required to serve the development); 5. Spokane County i-treasurer; 6. Spokane County ',assessor; 7. Hearing examiner for final subdivision plats only. 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 ah:1 0i/��5ililC't�n Once all reviewing departments and agencies are satisfied; all conditions have been met or appropriate DRAFT CTA-2019-0005 Spokane Valley Municipal Code Chapter 20.40 FINAL SHORT SUBDIVISIONS, SUBDIVISIONS, AND BINDING SITE PLANS Page 14/22 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). 20.40.035 Recordation. Thecompleted final short plat, plat, or binding site plan s � ! a cc; _ d 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 s_ommunity .�mnnf epartment may accept a surety in an amount and with conditions satisfactory to the department consistent with the provision of RCW 58.17.130, and the criteria listed below. Non -street improvements may include, but are 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 percent of the City -estimated value of the outstanding improvements. 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. , ; i ,:i , chased mitigation. The phasing plan may be approved by the city manager or designee 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 deyeI9PR;8RtseFVmGeS C0111muriw = 1,_ riorks S-mor 7-nc -jin—i-senleFe giReer 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. DRAFT CTA-2019-0005 Spokane Valley Municipal Code Page 15/22 Chapter 20.50 PRELIMINARY PLAT, SHORT PLAT, AND BINDING SITE PLAN ALTERATIONS Chapter 20.50 PRELIMINARY IMINARY PLAT, SHORT PLAT, AND BINDING SITE DI ANSUBDIVISION ALTERATIONS Sections: 20.50.010 Applications. 20.50.020 Preliminary plat alterations - Notice, decision, filing plan. 20.50.030 Final olat alterations - Notice. decision. filina plan. 20.50.010 Applications. An application may be submitted for any proposed alteration to a preliminary or final plat,, ^feIr�- The application shall contain the signatures of the maiority of those persons having an ownership interest in the lots. tracts, parcels. sites. or divisions in the subdivision or portion to alt r d. If thl- sui.di,-ision is subiect to restrictive covenants which were filed at the time of the approval of the subdivision. and the application for alteration would result in a violation of a covenant. the application shall contain an agreement signed by all parties to the covenants :_ -Dvidina that the parties 311'llil2:2 ai^i CO'l� _i',` '� - "�II�I' `h t',�f1{a6F biRdiRg site plaR. A pre"MiRary plat alteratiOR iS Glassified as a Type 11 peFmit and shall be PFoGessed- Any alteration proposed under this chapter shall be subiect to the requirements of Chapters 20 30 ar,d 20 ^-,0 SVMC and RMV 58.17.215. as adopted or may be amended. 20.50.020 Preliminary plat, short plat and binding site plan alterations - Notice, decision, filing plan. on of preliminary plats small be classified as minor alterations and substantial alterations. plat an r ur: f.-)r a minor alteration shall be classified as a Type II permit. provided the uakina authority on the preliminary plat. or other law. allows for the administrative review of a minor alteration. Any preliminary plat ._,Iteration that constitutes a substantial alteration shall be classified as a Tvpe III permit. Sou, uei init ues shall be processed pursuant to Chapter '17.80 SVIv1C and in a manner consistent \,vith RCVV 58,17.215 subiect to any specific reauirements of this section. B. For alterations that constitute a substantial alteration. the City shall provide notice of the application to all owners of property within the subdivision in an aWrooriate regional publication or neighborhood newsoaoer or trade journal. and to those owners of oroperty within 400 feet of that portion of the subdivision proposed for alteration consistent with SVMC 17.80.110 and 17.80.120. The notice shall include a statement that a public hearina will not be required unless specifically requested within the time frame indicated below. If a public hearina is requested within 14 days of receipt of the notice. notice of the hearina shall be provided as set forth in SVMC 17,80.120. C. Proposed alterations may be circulated to all aaencies which were orovided notice of the original preliminary plat proposal for review and comment. Proposed alterations shall be provided to anv affected aaencv for review and comment. D. Alterations to subdivisions may be approved if such alteration will be consistent with and conforms to all applicable State and local laws other applicable approved conditions, and the public use and interest will be served by the alteration. E. Followina approval of an alteration. the applicant shall produce a revised drawina of the approved alteration which shall be signed by the city manager or desianee and filed with the Citv. 20.50.030 Final plat alterations - Notice, decision, filing plan. DRAFT CTA-2019-0005 Spokane Valley Municipal Code Page 16/22 Chapter 20.50 PRELIMINARY PLAT, SHORT PLAT, AND BINDING SITE PLAN ALTERATIONS A. A final plat alteration shall be classified as a Tvne II I permit if a public hearing is requested or a Type II- permit if no hearing is required B. Upon issuing a Completeness Determination for a final subdivision alteration the department shall provide notice of application to all owners of property within the subdivision in an appropriate regional publication or neighborhood newspaper or trade iournal and to those owners of Drooerty within 400 feet of that portion of the subdivision proposed for alteration consistent with SVMC 17.80.110 and 17.80.120.pFevode R0tmGe of the al)Qkatier, +e alli nay.f.A.PeFs of orwer+„ wi+heR the w bdi„i . The notice shall either establish a date for a public hearing or provide that a hearing may be requested by a person receiving notice within 14 days of receipt of the notice. If a public hearing is requested within 14 days of receipt of the notice. notice of the hearing shall be orovided as set forth in SVMC 17.30.120 +a-aR Uhk2tinn a neighherhGGd Rewspaw eF trade jGUFRal, d + the { C. Proposed alterations shall be circulated to all ae: s which were provided notice of the original preliminary plat proposal for review and comment. D. Alterations to final subdivisions may be approved if such alteration will be consistent with and conforms to all applicable State and local laws. other applicable approved conditions and the public use and interest will be served by the alteration. E. Following approval of an alteration. the applicant shall produce a revised drawing of the approved alteration which shall be signed by the city manager or designee and filed with the City and the Spokane Countv Auditor. DRAFT CTA-2019-0005 Spokane Valley Municipal Code Page 17/22 Chapter 20.60 FINAL PLAT, SHORT PLAT, AND BINDING SITE PLAN ALTERATIONS Chapter 20.60 FINAL PLAT, cunRT D1 AT -,SHORT SUBDIVISION AND BINDING SITE PLAN ALTERATIONS Sections: 20.60.005 Puroose. 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. 20.60.005 Puroose. The ouroose of this chanter is to provide for alterations of oreliminary and final short subdivisions and binding site glans. All references to 'shoil plat` and "bindina site plan shall include both oreliminary and final short olats a ,'-1 hinding site clans. resnectively. 20.60.010 Application. An application may be submitted for any proposed alteration to a fiRal plat, fiRal short plat, or #+gal -binding site plan. The application shall contain the signatures of the majority of those persons having an ownership interest in lots, tracts, parcels, sites 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 i plat of bindina s;Ee ular, alteration is classified as a Type II permit = _ \I. - Both permit types shall be processed pursuant to Chapter 17.80 SVMC and in a manner consistent with RCW 58.17.215 Any plat -short plat or binding site plan alteration proposed under this section shall be subject to the requirements in Chapters 20.30 and 20.40 SVMC. 20.60.020 Final plat alterations NGtiGe, publiG hear. ng, deGision, filiRg Fequirernents. jGYFRal, and te there ewneFs of pFepeFty viathmn 40-C-) feet ef that peFtieR Gf the plat proposed feF altemtiep- nrn idedas is cot fnrth in SWAG 17 80 120 Alte.ratie-Rs; te- final plat6 may be appFeved is deteFmined that the publir-, ---se and imterest will be served by the alteration alteFatiGR ef the fiRal plat, wh Gh shall be sigRed by the Gity rnaRageF GF desigRee and filed with the DRAFT CTA-2019-0005 Spokane Valley Municipal Code Page 18/22 Chapter 20.60 FINAL PLAT; SHORT PLAT, AND BINDING SITE PLAN ALTERATIONS 20.60.0320 Final sShort plat and binding site plan alterations — Notice, decision, filing requirements. A. Upon issuing a Completeness Determination for a f-irtal-short plat or binding site plan alteration, the department shall provide notice of the application to all owners of property within the subdivision, a#+en in an appropriate regional publication 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 in the same manner and same type as was originally provided for the preliminary or final short plat or preliminary or final binding site plan proposed to be altered. B. Alterations proposing to alter a public dedication shall be processed consistent with the application procedures for Tvoe III aoolications in SVMC 17.80.070 and RCW 58.17.215. For alterations that propos ing to alter a public dedication. the City shall provide notice of the application to all owners of Property within the short subdivision or binding site plan in an appropriate regional publication or neighborhood newspaper or trade ioL:rii_,I and to [hose owners of property within 400 feet of that portion of the short subdivision or binding site plan proposed for alteration consistent with SVMC 17,80.110 and 17.80.120. The notice shall include a statement that a public hearina will not be reauired unless specifically reauested within the time frame indicated below. If a public hearina is reauested within 14 days of receipt of the notice, notice of the hearing shall be provided as set forth in SVMC 17.80.120. C. Proposed alterations may be circulated to all aaencies which were provided notice of the oriainal short plat or binding site plan proposal for review and comment. Proposed alterations shall be provided to anv affected agencv for review and cornment. D. Alterations to final -short plats or binding site plans may be approved by the city manager or designee, if the city manager or designee determines such iier aiici-� .:ill be consistenL .itn ;:,,-licable approved conditions. and that th that the public use and interest will be served by the alteration. E. Following approval of an alteration, the applicant shall produce a revised drawing of the approved alteration of the feral -short plat or binding site plan, which shall be signed by the city manager or designee and ci_ i filed with the Spokane County auditor's office to become the lawful , plat or binding site plan of the property. 20.60.0.:40 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 city manager or designee. 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 50 or 100 feet to the inch. If approved by the city manager or designee, an appropriate scale may be used which does not exceed one inch equals 200 feet, provided a one inch equals 400 feet reduced eight -and -one -half -inch by 11-inch 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. DRAFT CTA-2019-0005 Spokane Valley Municipal Code Page 19/22 Chapter 20.60 FINAL PLAT, SHORT PLAT, AND BINDING SITE PLAN ALTERATIONS 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 s(--. ity mtanager or designee; 2. City of Spokane Valley deve!Gpment So^; Ge enior e_ngineerrlEu.l; 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. DRAFT CTA-2019-0005 Spokane Valley Municipal Code Page 20/22 Chapter 20.70 PLAT VACATION Chapter 20.70 SUBDIVISIOLN, SHORT SUBDIVISION, AND BINDING SITE PLANPII AT VACATION Sections: 20.70.010 WatVacation — Application. 20.70.020 Suodivisio�:Wat vacation — Process. 20.70.030 Short subdivision and binding site plan vacation — Application. 20.70.040 Short subdivision and binding site plan vacation — Process. 20.70.010 WatVacation — Application. An application may be submitted for the proposed vacation of part or all of a platsub&,Jsior, short subdivision, or binding site plan. The application shall contain the signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation. If the subdivision, short subdivision, or binding site plan is subject to restrictive covenants which were filed at the time of the approval, and the application for vacation 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, short subdivision, or binding site plan, or portion thereof. 20.70.020 WatSubdivision vacation — Process. ems '-)!'OVICIc�I in sl!hsectici-I !_ V-'acatlon of a SUh6iFicn or nor?il classified as a Type III application. Upon submittal of a complete application for vacation of plat__ subur = - the department shall process the plat: ,_,bdivisior vacation request pursuant to Chapter 17.80 SVMC and in a manner consistent with RCW 58.17.212. B. Vacation of city streets shall utilize the procedures for street vacations set forth in chapter 22.140 SVMC. RCW 35A.47.020. and chapter 35.79 RCW. 20.70.030 Short Plat and binding site plan vaGatieR AppliGation. 20.70.0230 PL[atShort Subdivision and binding site plan vacation — Process. A. Exc ept as provided in subsec,i�; �c ;..rr; u�!o�:>>. V,;'acation of a platshort subdivisionbinding site plan. or portion thereof is classified as a Type III application. Upon submittal of a complete application for vacation of n sh ,r �ui� ��o� �� n. �r port!on ihereot, the department shall process the plat vacation request pursuant to Chapter 17.80 SVMC. aAd- iR a Ma;nAeF GonsisteRt with RC;VV 58.17 212 B. Vacation of anv area designated or dedicated for public use within a short subdivision or binding site plan is classified as a Type III application. Upon submittal of a complete application for vacation of an area designated or dedicated for public use within a short subdivision or binding site plan the department shall process the vacation request pursuant to Chapter 17.80 SVMC and in a manner consistent with RCW 58.17.212. C. Vacation of city streets shall utilize the procedures for street vacations set forth in chapter 22.140 SVMC. RCW 35A.47.020, and chapter 35.79 RCW. DRAFT CTA-2019-0005 Spokane Valley Municipal Code Chapter 20.80 BOUNDARY LINE ADJUSTMENTS/ELIMINATIONS 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. Page 21/22 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; and D. 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 Chapter 17.80 SVMC-. 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; 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: DRAFT CTA-2019-0005 Spokane Valley Municipal Code Chapter 20.80 BOUNDARY LINE ADJUSTMENTS/ELIMINATIONS Page 22/22 1. The location and setbacks of any permanent improvements (i.e., structures, septic systems, etc.) after the proposed boundary line adjustment or elimination from the new property lines; 2. The identification, location and dimension of any access or utility easements after the proposed boundary line adjustment or elimination; 3. The location, dimensions and names of public and/or private streets abutting the property(ies) after the proposed boundary line adjustment or elimination; 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 may be required by the city manager or designee. The need for a survey will be determined based on an evaluation of the number of parcels, legal descriptions, appurtenances, disputed or apparent lines of ownership, and setbacks. If required, the survey must be completed by a professional land surveyor licensed in the state of Washington. 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. DRAFT CTA-2019-0005 Spokane Valley Municipal Code Page 1115 Chapter 17.80 PERMIT PROCESSING PROCEDURES Chapter 17.80 PERMIT PROCESSING PROCEDURES Sections: 17.80.010 Purpose and applicability. 17.80.020 Types of development applications. 17.80.030 Assignment of development application classification. 17.80.040 Exempt activities. 17.80.050 Development application requirements. 17.80.060 Final decision authority. 17.80.070 Required application procedures. 17.80.080 Pre -application conference. 17.80.090 Counter -complete determination. 17.80.100 Fully complete determination. 17.80.110 Notice of application. 17.80.120 Notice of public hearing. 17.80.130 Final decision. 17.80.140 Type IV applications — Comprehensive Plan amendments, development agreements associated with a Comprehensive Plan amendment, and area -wide rezones. 17.80.150 Type IV applications — Text amendments to SVMC Titles 17 through 24. 17.80.160 Optional consolidated review process. 17.80.170 Vesting of applications. 17.80.010 Purpose and applicability. A. Purpose. The purpose of Chapter 17.80 SVMC is to establish standardized decision -making procedures for reviewing development and land use applications within the City. Chapter 17.80 SVMC is intended to: 1. Assure prompt review of development applications; 2. Provide for necessary public review and comment on development applications; 3. Minimize adverse impacts on surrounding land uses; 4. Encourage flexibility and innovation in the design and layout of development proposals; and 5. Ensure consistency with the Comprehensive Plan and development regulations. B. Applicability. Chapter 17.80 SVMC applies to all development applications identified in the SVMC. (Ord. 16- 018 § 6 (Att. B), 2016). 17.80.020 Types of development applications. Land use and development applications are classified as follows: A. Type I procedures apply to permits and decisions issued administratively; B. Type II procedures apply to administrative actions that contain some discretionary criteria; C. Type III procedures apply to quasi-judicial permits and actions that contain discretionary approval criteria; D. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy; E. Exempt applications defined in SVMC 17.80.040. (Ord. 16-018 § 6 (Att. B), 2016) The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. Spokane Valley Municipal Code Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 2/15 17.80.030 Assignment of development application classification. A. Assignment by Table. Land use and development applications shall be classified pursuant to Table 17.80-1 below: Table 17.80-1 — Permit Type and Land Use Application Type Land Use and Development Application SVMC Cross -Reference Accessory dwelling units 19.40 Administrative determinations by city manager or designee or building official Multiple Administrative exception 19.140 Administrative interpretation 17.50.010 Boundary line adjustments and eliminations 20.80 Building permits not subject to SEPA 21.20.040 Ploodplain development 21.30 Type I Grading permits 24.50 Home business permit 19.65.180 Shoreline letter of exemption 21.50 Record of survey to establish lots within a binding site plan 20.60.040 Right-of-way permits 22.130.100 Site plan review 19.130 Small cell permit 22.121, 22.122 Temporary use permit 19.160 Time extensions for preliminary subdivision, short subdivision, or binding site plan 20.30.060 Alterations— ffeli inw�- and final subdivisions, preliminary and final short subdivisions and preliminary and final; binding site plans (where there is no alteration of a public dedication) 20.560 Binding site plan — preliminary and final 20.50 Biiiding site plan eliange aFeanditionsMinor alterations— preliminary subdivisions 20.50 SEPA threshold determination 21.20.060 Type II Shoreline conditional use permit 21.50 Shoreline nonconforming use or structure review 21.50 Shoreline substantial development permit 21.50 Shoreline variance 21.50 Short subdivision — preliminary and final 20.30, 20.40 Vacation — short subdivisions and bindine site plans where there is no 20 703930 vacation of an area desienated or dedicated for public use subdivisieii, binding site pian el, Wireless communication facilities 22.120 The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. Spokane Valley Municipal Code Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 3/15 Type Land Use and Development Application SVMC Cross -Reference Alterations— final subdivisions 20.50 Alterations - preliminary and final short subdivisions and preliminary and 20.60 final binding site plans (where there is alteration ofa public dedication) Conditional use permits 19.150 Planned residential developments 19.50 Plat vaeat an 20.70-020 Type 111 Stjbdivisions-preliiiiinaR'PFeiiiii;naf�rsubdiN,Sen change of eanditions 20.330 Substantial alterationse bdivisions— preliminary subdivisions 20.30 Vacation — subdivision: short subdivisions and binding site plans where there 20.70 is vacation of an area designated or dedicated for public use Variance 19.170 Zoning map amendments (site -specific rezones) 19.30.030 Annual Comprehensive Plan amendments (text and/or map) 17.80.140 Type IV Area -wide zoning map amendments 17.80.140 Development Code text amendments 17.80.150 B. Assignment by City Manager or Designee. Land use and development applications not defined in Table 17.80-1 shall be assigned a type based on the most closely related application type by the city manager or designee, unless exempt under SVMC 17.80.040. When more than one procedure may be appropriate, the process providing the greatest opportunity for public notice shall be followed. C. Shoreline letters of exemption, shoreline substantial development permits, shoreline conditional use permits, shoreline variances, and shoreline nonconforming use or structure review shall be processed pursuant to the procedures set forth in Chapter 17.80 SVMC, subject to any additional or modified procedures provided in Chapter 21.50 SVMC, Shoreline Regulations, including submittals, completeness review, notices, hearings, and decisions. D. Small cell permits and wireless communication facilities shall be processed pursuant to the procedures set forth in Chapter 17.80 SVMC, except as may otherwise be required pursuant to federal and state law, including but not limited to 47 USC 1455(a) (Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012) and Chapter 35.99 RCW. Chapter 22.122 SVMC specifies applicable time periods for review and processing of eligible facilities requests, collocations, small cell permits, and new wireless communication facilities. E. Except as provided in Table 17.80-1, change of conditions for permits shall be processed the same as the original permit type. (Ord. 18-007 § 4 (Exh. A), 2018; Ord. 17-004 § 3, 2017; Ord. 16-018 § 6 (Att. B), 2016). 17.80.040 Exempt activities. A. Exemptions. Unless specified elsewhere in SVMC Title 17, the following development activities are exempt from the procedural requirements of Chapter 17.80 SVMC: 1. Normal or emergency repair or maintenance of public or private buildings, structures, landscaping, or utilities. 2. A change of any legally established use is exempt; unless the change of use requires: a. An increase in the number of parking spaces provided; b. A conditional use permit under Chapter 19.150 SVMC, Conditional Use Permits; The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. Spokane Valley Municipal Code Chapter 17.80 PERMIT PROCESSING PROCEDURES c. A site plan approval under Chapter 19.130 SVMC, Site Plan Review; or d. Review by SEPA. 3. Final subdivisions, short subdivisions, and binding site plans. 4. Building permits that are not subject to SEPA. Page 4/I5 5. On -site utility permits not obtained in conjunction with a specific development application including, but not limited to, sewer hook-ups, water hook-ups, right-of-way permits, and fire department permits. 6. Sign permits. 7. Interior remodeling and tenant improvements unless site plan review is required under Chapter 19.130 SVMC, Site Plan Review. B. Other Regulations. Applications exempt pursuant to SVMC 17.80.040 remain subject to all other applicable standards and requirements of the SVMC. (Ord. 16-018 § 6 (Att. B), 2016). 17.80.050 Development application requirements. A. Application Forms. All applications shall be made on forms provided by the department. The city manager or designee shall have authority to modify application forms. B. Submittal Information. All applications shall include the information required in applicable provisions of the SVMC as identified in Table 17.80-2 and other additional information required by the department. C. Land use and development applications shall be signed by the owner(s) of the property. D. Fees. Fees as required by Chapter 17.110 SVMC, Fees and Penalties. (Ord. 17-004 § 3, 2017; Ord. 16-018 § 6 (Att. B), 2016). 17.80.060 Final decision authority. The final decision for application type shall be made by: A. Type I — the department. B. Type II — the department. C. Type III — the hearing examiner. D. Type IV — the city council preceded by a recommendation by the planning commission. (Ord. 16-018 § 6 (Att. B), 2016). 17.80.070 Required application procedures. The required procedures for Type I, II, and III applications are set forth in Table 17.80-2 below. The specific procedures required for Type IV applications are set forth in SVMC 17.80.140 and 17.80.150. Table 17.80-2 — Permit Type and Land Use Application Application Type Pre -application conference 17.80.080 Counter -complete determination 17.80.090 Fully complete determination 17.80.100 Notice of application 17.80.110 Notice of public hearing 17.80.120 Final decision and notice 17.80.130 I O X X N/A N/A X *II **O X X X N/A X III X X X X X X The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. Spokane Valley Municipal Code Page 5115 Chapter 17.80 PERMIT PROCESSING PROCEDURES Pre -application Counter -complete Fully complete Notice of Final decision Application conference determination determination application Notice of public and notice Type 17.80.080 17.80.090 17.80.100 17.80.110 hearing 17.80.120 17.80.130 X Required O Optional N/A Not Applicable *Does not apply to SEPA threshold determinations. Refer to SVMC 21.20.070(B)(2) for noticing requirements. **Except for short subdivisions and binding site plans which require a pre -application meeting. (Ord. 16-018 § 6 (Att. B), 2016). 17.80.080 Pre -application conference. A. Purpose. To provide the City and other agency staff with a sufficient level of detail about the proposed development, to enable staff to advise the applicant of applicable approvals and requirements, to acquaint the applicant with the applicable requirements of the SVMC and other laws, and to identify issues and concerns in advance of a formal application. B. Pre -Application. Type II and III applicants shall schedule a pre -application conference and provide information requested in advance of the meeting. C. Pre -Application Waivers. The city manager or designee may waive the pre -application conference if determined that the proposal has few development -related issues, involves subsequent phases of an approved development, or is substantially similar to a prior proposal affecting substantially the same property. (Ord. 17-004 § 3, 2017; Ord. 16- 018 § 6 (Att. B), 2016). 17.80.090 Counter -complete determination. A. Determination and Application Content. Prior to accepting an application, the department shall determine whether the application is counter -complete. A counter -complete application shall contain all information requested in the applicable form. Review for counter -complete status does not include an evaluation of the substantive adequacy of the information in the application. B. Incomplete Application. If the department determines that the application is not counter -complete, the application shall be rejected and the applicant advised of the information needed to complete the application. C. Counter -Complete Application. Counter -complete applications shall be accepted for review for fully complete determination. (Ord. 16-018 § 6 (Att. B), 2016). 17.80.100 Fully complete determination. A. Determination. Once a counter -complete application has been accepted, the department shall, within 28 calendar days, provide a written determination delivered by mail or in person to the applicant that the application is fully complete, or if incomplete, a list of what is required to make the application complete. Upon receipt of the requested material, the department shall conduct another review and respond as set forth above. The names of agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application to the extent known by the City shall be provided to the applicant. B. The City shall notify the applicant whether an application is fully complete or what additional information is necessary within 14 calendar days after the applicant has submitted any additional information identified by the City as necessary for a complete application. C. Incomplete Application. If the necessary information is not provided by the applicant within 60 days, the department shall: 1. Reject and return the application; 2. Issue a decision denying the application, based on a lack of information. The applicant may reinitiate the fully complete review process without additional fees; provided, that the required information is provided by a date specified by the department; or The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. Spokane Valley Municipal Code Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 6/1 5 3. The applicant may withdraw the application by submitting a request in writing and may be entitled to the return of up to 80 percent of the fees submitted. D. Fully Complete Application. Once the department determines that an application is fully complete, the department shall, within 14 calendar days, issue a notice of application pursuant to SVMC 17.80.110. E. Request for Additional Information. A frilly complete determination shall not preclude the City from requesting additional information, studies, or changes to submitted information or plans if new information is required, or substantial changes to the proposal occur. F. Revocation. An application's fully complete status may be revoked if the department determines that the applicant intentionally submitted false information. In the event an applicant's fully complete status is revoked, the applicant shall lose any rights granted pursuant to SVMC 17.80.170. (Ord. 16-018 § 6 (Att. B), 2016). 17.80.110 Notice of application. A. Contents. The department shall issue a notice of application within 14 calendar days after an application is determined filly complete. 1. All notices of applications shall include the following: a. The case file number(s), the date of application, and the date a fully complete application was filed; b. A description of the proposed project and a list of project permits included with the application, as well as the identification of other permits not included in the application, to the extent known to the City; c. The proposed SEPA threshold determination, if applicable; d. The identification of any existing environmental documents that may be used to evaluate the proposed project; e. Statement of the public comment period. A statement that the public has the right to comment on the application, receive notice of the decision, and request a copy of the decision once made, and a statement of any appeal rights; f. The name of the applicant or applicant's authorized representative and the name, address, and telephone number of a contact person for the applicant, if any; g. A description of the site, including current zoning and nearest road intersections, sufficient to inform the reader of its location and zoning; h. A map showing the subject property in relation to other properties or a reduced copy of the site plan; i. The date, place, and times where information about the application may be examined and the name and telephone number of the City representative to contact about the application; and j. Any additional information determined appropriate by the department. 2. In addition to the requirements listed in SVMC 17.80.110(A)(1), a Type 11 notice of application shall state: a. That failure of any party to address the relevant approval criteria with sufficient specificity may result in the denial of the application; b. That all evidence relied upon by the department to make the decision shall be contained within the record and is available for public review, and that copies can be obtained at a reasonable cost from the department; c. That, after the comment period closes, the department shall issue a Type II notice of decision. The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. Spokane Valley Municipal Code Page 7/15 Chapter 17.80 PERMIT PROCESSING PROCEDURES 3. In addition to the requirements listed in SVMC 17.80.110(A)(1), a Type III application shall state: a. That a staff report shall be available for inspection at least seven days before the public hearing, and written comments may be submitted at any time prior to the closing of the record for the public hearing. B. Distribution of Notice of Application. The notice of application shall be published in an appropriate regional or neighborhood newspaper or trade journal and sent to the following persons by regular mail: 1. The applicant; 2. All adjacent property owners of record as shown on the most recent property tax assessment roll; 3. Any governmental agency entitled to notice; and 4. Any person filing a written request for a copy of the notice of application. C. Type I Exception. A notice of application is not required for Type I applications. D. Comment Period. The department shall allow 14 calendar days for Type II applications and 30 calendar days for Type III applications after the date the notice of application is mailed and posted on the subject property, for individuals to submit comments. Within seven calendar days after the close of the public comment period, the department shall mail to the applicant a copy of written public comments, including email communications timely received in response to the notice of application, together with a statement that the applicant may either submit a written response to these comments within 14 calendar days from the date the comments are mailed or waive the response period. If the applicant desires to waive his right to respond to the comments, such waiver shall be provided to the department in writing. The department, in making its decision on the application, shall consider written comments timely received in response to the notice of application and timely written responses to those comments, including email communications, submitted by the applicant. (Ord. 16-018 § 6 (Att. B), 2016). 17.80.120 Notice of public hearing. A public hearing is required for Type III applications. A. Content of Notice of Public Hearing. Notices of public hearing shall contain the following information: 1. The application and/or project number; 2. Project summary/description of each project permit application; 3. The designation of the hearing body; 4. The date, time, and place of the hearing and a statement that the hearing will be conducted in accordance with the rules of procedure adopted by the hearing body; 5. General project location, vicinity, address, and parcel number(s), if applicable; 6. The name of the applicant or applicant's authorized representative and the name, address, and telephone number of a contact person for the applicant, if any; 7. The SEPA threshold determination, or description thereof, shall be contained in the notice, along with any appropriate statement regarding any shared or divided lead agency status and phased review and stating the end of any final comment period; 8. A statement regarding the appeal process; and 9. The date when the staff report will be available and the place and times where it can be reviewed. B. Distribution of Notices of Public Hearing. Notices of public hearing shall be mailed, posted, and published at least 15 days prior to the hearing date and shall be distributed as follows: The Spokane Valley Municipal Code is current through Ordinance No. 20-0061, passed April 14, 2020. Spokane Valley Municipal Code Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 8/15 1. Notice by Mail. All property owners within 400 feet of the subject property by first class mail. Where any portion of the property abutting the subject property is owned, controlled, or under the option of the project property owner, then all property owners within a 400-foot radius of the total ownership interest shall be notified by first class mail. Property owners are those shown on the most recent Spokane County assessor's/treasurer's database as obtained by the title company no more than 30 calendar days prior to the scheduled public hearing. In addition, notice shall be sent to the following: a. Agencies with jurisdiction (SEPA); b. Municipal corporations or organizations with which the City has executed an interlocal agreement; and c. Other persons outside of the 400-foot radius who the City determines may be affected by the proposed action or who requested such notice in writing. Examples of considerations for determining when to provide notice to other persons who may be affected include, but are not limited to, circumstances such as large neighboring properties which limit the number of properties receiving notice within the 400-foot radius, known or likely public interest in the project due to the size of the project or likely substantial adverse impacts of the project on the neighboring properties, and other similar considerations. Failure to send public notice to other persons beyond the 400-foot radius shall not be considered inadequate public notice. 2. Notice by Sign. A sign a minimum of 16 square feet (four feet in width by four feet in height) in area shall be posted by the applicant on the site along the most heavily traveled street adjacent to the subject property. The sign shall be provided by the applicant. The sign shall be constructed of material of sufficient weight and reasonable strength to withstand normal weather conditions. The sign shall be lettered and spaced as follows: a. A minimum of two-inch border on the top, sides, and bottom of the sign; b. The first line in four -inch letters shall read "Notice of Public Hearing"; c. Spacing between all lines shall be a minimum of one inch; and d. The text of the sign shall include the following information in a minimum of one -inch letters: i. Proposal; ii. Applicant; iii. File number; iv. Hearing (date and time); v. Location; and vi. Review authority. 3. Notice by Publication. Publish one notice in an appropriate regional or neighborhood newspaper or trade journal. (Ord. 16-018 § 6 (Att. B), 2016). 17.80.130 Final decision. A. Timeline to Make Final Decision — Type I. The department shall approve, approve with conditions, or deny a Type I application within 60 calendar days after the date the application was accepted as fully complete, unless accompanied by a SEPA checklist. Time spent by the applicant to revise plans or provide additional studies or materials requested by the City shall not be included in the 60-day period. An applicant may agree in writing to extend the time in which the department shall issue a decision. The department's decision shall address all of the relevant approval criteria applicable to the development application. The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. Spokane Valley Municipal Code Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 9/15 B. Timeline to Make Final Decision — Type II and III. The final decision on a Type II and III application shall be made not more than 120 calendar days (90 days for subdivisions) after the date a fully complete determination is made. This period shall not include: 1. Time spent by the applicant to revise plans or provide additional studies or materials requested by the City; 2. Time spent preparing an environmental impact statement; 3. Time between submittal and resolution of an appeal; or 4. Any extension of time mutually agreed upon by the applicant and the City in writing. C. The timeline for all final decisions shall be subject to any changes pursuant to SVMC 17.80.170(G). D. Contents of Final Decision. The final decision on Type II and III applications shall contain the following information: 1. The nature of the application in sufficient detail to apprise persons entitled to notice of the applicant's proposal and of the decision; 2. The address or other geographic description of the subject property, including a map of the site in relation to the surrounding area, where applicable; 3. The date the decision shall become final, unless appealed; 4. A statement that all persons who have standing under Chapter 17.90 SVMC, Appeals, may appeal the decision; 5. A statement in boldface type briefly explaining how an appeal can be filed, the deadline for filing such an appeal, and where further information can be obtained concerning the appeal; 6. A statement that the complete case file, including findings, conclusions, decisions, and conditions of approval, if any, is available for review. The notice of final decision shall list the place, days, and times where the case file is available and the name and telephone number of the City representative to contact about reviewing the case file; 7. A statement of the facts demonstrating how the application does or does not comply with applicable approval criteria; 8. A statement of the basis of decision pursuant to the SVMC and other applicable law; 9. The reasons for a conclusion to approve, approve with conditions, or deny the application; 10. The decision to approve or deny the application and, if approved, conditions of approval necessary to ensure the proposed development will comply with applicable law; and 11. The date the final decision is mailed. E. Notice of the Final Decision. All final decisions shall be sent by regular mail to the following: 1. The applicant; 2. Any governmental agency entitled to notice; 3. Any person filing a written request for a copy of the notice of application or the final decision; and 4. Any person who testified at the hearing or who provided substantive written comments on the application during the public comment period and provided a mailing address. (Ord. 16-018 § 6 (Att. B), 2016). The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. Spokane Valley Municipal Code Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 10/15 17.80.140 Type IV applications — Comprehensive Plan amendments, development agreements associated with a Comprehensive Plan amendment, and area -wide rezones. A. Initiation. Comprehensive Plan amendments and area -wide rezones may be initiated by any of the following: 1. Property owner(s) or their representatives; 2. Any citizen, agency, neighborhood association, or other party; or 3. The department, planning commission, or city council. B. Applications. Applications shall be made on forms provided by the City. C. Application Submittal. 1. Applicant Initiated. Comprehensive Plan amendments and area -wide rezones shall be subject to a pre - application conference, counter -complete, and fully complete determinations pursuant to SVMC 17.80.080, 17.80.090, and 17.80.100. The date upon fully complete determination shall be the date of registration with the department. 2. Nonapplicant Initiated. After submittal of a nonapplicant-initiated application, the application shall be placed on the register. D. Register of Comprehensive Plan Amendments and Area -Wide Rezones. The department shall establish and maintain a register of all applications. E. Concurrent and Annual Review of Register. 1. Sixty days prior to November 1 st in each calendar year, the City shall notify the public that the amendment process has begun. Notice shall be distributed as follows: a. Notice published in an appropriate regional or neighborhood newspaper or trade journal; b. Notice posted on all of the City's official public notice boards; and c. Copy of the notice sent to all agencies, organizations, and adjacent jurisdictions with an interest. 2. All registered applications shall be reviewed concurrently, on an annual basis and in a manner consistent with RCW 36.70A.130(2). Applications registered after November 1st of the previous calendar year and before November 1 st of the current calendar year shall be included in the annual review. Those registered after November 1 st of the calendar year shall be placed on the register for review at the following annual review. 3. Emergency Amendments. The City may review and amend the Comprehensive Plan when the city council determines that an emergency exists or in other circumstances as provided for by RCW 36.70A.130(2)(a). F. Notice of Public Hearing. Comprehensive Plan amendments and area -wide rezones require a public hearing before the planning commission. 1. Contents of Notice. A notice of public hearing shall include the following: a. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision; b. A statement of how the proposal would change the affected provision; c. A statement of what areas, Comprehensive Plan designations, zones, or locations will be directly affected or changed by the proposal; d. The date, time, and place of the public hearing; The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. Spokane Valley Municipal Code Chapter 17.80 PERMIT PROCESSING PROCEDURES e. A statement of the availability of the official file; and Page 11115 f. A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission to give oral comments on the proposal. 2. Distribution of Notice. The department shall distribute the notice pursuant to SVMC 17.80.120(B). G. Planning Commission Recommendation — Procedure. Following the public hearing, the planning commission shall consider the applications concurrently, and shall prepare and forward a recommendation of proposed action for all applications to the city council. The planning commission shall take one of the following actions: 1. If the planning commission determines that the proposal should be adopted, it may, by a majority vote, recommend that the city council adopt the proposal. The planning commission may make modifications to any proposal prior to recommending the proposal to city council for adoption. If the modification is substantial, the planning commission must conduct a public hearing on the modified proposal; 2. If the planning commission determines that the proposal should not be adopted, it may, by a majority vote, recommend that the city council not adopt the proposal; or 3. If the planning commission is unable to take either of the actions specified in SVMC 17.80.140(G)(1) or (2), the proposal will be sent to city council with the notation that the planning commission makes no recommendation. H. Approval Criteria. 1. The City may only approve Comprehensive Plan amendments and area -wide zoning map amendments if it finds that: a. The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment; b. The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the City's adopted plan not affected by the amendment; c. The proposed amendment responds to a substantial change in conditions beyond the property owner's control applicable to the area within which the subject property lies; d. The proposed amendment corrects an obvious mapping error; or e. The proposed amendment addresses an identified deficiency in the Comprehensive Plan. 2. The City shall also consider the following factors prior to approving Comprehensive Plan amendments: a. The effect upon the physical environment; b. The effect on open space, streams, rivers, and lakes; c. The compatibility with and impact on adjacent land uses and surrounding neighborhoods; d. The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools; e. The benefit to the neighborhood, City, and region; f. The quantity and location of land planned for the proposed land use type and density and the demand for such land; g. The current and projected population density in the area; and The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. Spokane Valley Municipal Code Page 12/15 Chapter 17.80 PERMIT PROCESSING PROCEDURES h. The effect upon other aspects of the Comprehensive Plan. I. City Council Action. Within 60 days of receipt of the planning commission's findings and recommendations, the city council shall consider the findings and recommendations of the planning commission concerning the application and may hold a public hearing pursuant to city council rules. The department shall distribute notice of the city Council's public hearing pursuant to SVMC 17.80.120(B). All annual amendments to the Comprehensive Plan shall be considered concurrently. By a majority vote of its membership, the city council shall: 1. Approve the application; 2. Disapprove the application; 3. Modify the application. If the modification is substantial, the city council shall either conduct a public hearing on the modified proposal; or 4. Refer the proposal back to the planning commission for further consideration. In the event there is a tie or less than a majority vote of the membership of the city council in favor of one of SVMC 17.80.140(I)(1) through (4), such a vote shall be considered a vote against the motion, the motion shall fail, and no further action shall be required by the city council, although the city council may take such other action as it deems appropriate. J. Transmittal to the State of Washington. At least 60 days prior to final action being taken by the city council, the Washington State Department of Commerce (Commerce) shall be provided with a copy of the amendments in order to initiate the 60-day comment period. No later than 10 days after adoption of the proposal, a copy of the final decision shall be forwarded to Commerce. (Ord. 16-018 § 6 (Att. B), 2016). 17.80.150 Type IV applications — Text amendments to SVMC Titles 17 through 24. A. Initiation. Text amendments to SVMC Titles 17 through 24 may be initiated by any of the following: 1. Property owner(s) or their representatives; 2. Any citizen, agency, neighborhood association, or other party; or 3. The department, planning commission, or city council. B. Applications. Applications shall be made on forms provided by the City. C. Application Submittal. 1. After submittal of an applicant -initiated application, the application shall be subject to a pre -application conference, counter -complete determination, and fully complete determination pursuant to SVMC 17.80.080, 17.80.090, and 17.80.100. 2. After submittal, the application shall be placed on the next available planning commission agenda. D. Notice of Public Hearing. Amendments require a public hearing before the planning commission. 1. Contents of Notice. A notice of public hearing shall include the following: a. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision; b. A statement of how the proposal would change the affected provision; c. The date, time, and place of the public hearing; d. A statement of the availability of the official file; and The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. Spokane Valley Municipal Code Page 13/15 Chapter 17.80 PERMIT PROCESSING PROCEDURES e. A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission to give oral comments on the proposal. 2. Distribution of Notice. The department shall distribute the notice to the applicant, newspaper, City Hall, and the main branch of the library. E. Planning Commission Recommendation — Procedure. Following the public hearing, the planning commission shall consider the proposal and shall prepare and forward a recommendation to the city council. The planning commission shall take one of the following actions: 1. If the planning commission determines that the proposal should be adopted, it may, by a majority vote, recommend that the city council adopt the proposal. The planning commission may make modifications to any proposal prior to recommending the proposal to the city council for adoption. If the modification is substantial, the planning commission must conduct a public hearing on the modified proposal; 2. If the planning commission determines that the proposal should not be adopted, it may, by a majority vote, recommend that the city council not adopt the proposal; or 3. If the planning commission is unable to take either of the actions specified in SVMC 17.80.150(E)(1) or (2), the proposal shall be sent to the city council with the notation that the planning commission makes no recommendation. F. Approval Criteria. The City may approve amendments to the SVMC if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the Comprehensive Plan; and 2. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment. G. City Council Action. Within 60 days of receipt of the planning commission's findings and recommendations, the city council shall consider the findings and recommendations of the planning commission concerning the application and may hold a public hearing pursuant to city council rules. The department shall distribute notice of the city council's public hearing pursuant to SVMC 17.80.120(B). By a majority vote, the city council shall: 1. Approve the application; 2. Disapprove the application; 3. Modify the application. If modification is substantial, the city council must either conduct a public hearing on the modified proposal; or 4. Refer the proposal back to the planning commission for further consideration. In the event there is a tie or less than a majority vote of the membership of the city council in favor of one of SVMC 17.80.150(G)(1) through (4), such a vote shall be considered a vote against the motion, the motion shall fail, and no further action shall be required by the city council, although the city council may take such other action as it deems appropriate. H. Transmittal to the State of Washington. At least 60 days prior to final action being taken by the city council, Commerce shall be provided with a copy of the amendments in order to initiate the 60-day comment period. No later than 10 days after adoption of the proposal, a copy of the final decision shall be forwarded to Commerce. (Ord. 16- 018 § 6 (Att. B), 2016). 17.80.160 Optional consolidated review process. A. Optional Consolidated Review Process. This optional process provides for the consideration of all discretionary land use, engineering, and environmental permits issued by the City if requested in writing from the applicant. Permit decisions of other agencies are not included in this process, but public meetings and hearings for other The Spokane Valley Municipal Code is current through Ordinance No. 20-006. passed April 14, 2020. Spokane Valley Municipal Code Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 14/15 agencies may be coordinated with those of the City. Where multiple approvals are required for a single project, the optional consolidated review process is composed of the following: 1. Pre -Application Meeting. A single pre -application meeting will be conducted for all applications submitted under the optional consolidated review process. 2. Determination of Completeness. When a consolidated application is deemed complete, a consolidated determination of completeness will be made pursuant to SVMC 17.80.100. 3. Notice of Application. When a consolidated application is deemed complete, a consolidated notice of application will be issued pursuant to the provisions of SVMC 17.80.110. 4. Comment Period. The consolidated application shall provide for one comment period for all permits included in the consolidated application. 5. The City shall issue a decision(s) for Type I or Type II permits prior to scheduling a public hearing for any companion Type III permit. Appeals of administrative permits that are part of a consolidated application will be heard in a single, consolidated open record appeal hearing before the hearing examiner on the same agenda as the companion Type III application. 6. Notice of Public Hearing. A single notice of public hearing will be provided for consolidated permit applications. The notice shall include the Type III permit to be heard and any open record appeals of administrative portions of the consolidated application. 7. Notice of Decision. The hearing examiner shall issue a single notice of decision regarding all Type I and Type II appeals and all Type III project permit applications subject to a public hearing. (Ord. 16-018 § 6 (Att. B), 2016). 17.80.170 Vesting of applications. A. Purpose. The purpose of SVMC 17.80.170 is to implement local vesting regulations that are best suited to the needs of the City and consistent with state law. B. Vested Rights. Except for rezones, an application for a land use or development application type set forth in Table 17.80-1 shall be considered under the development regulations in effect on the date a fully complete application is filed, pursuant to SVMC 17.80.100. C. Vested Rights for Subsequent Building Permits or Land Disturbing Activity Permits. Building permit or land disturbing activity permit applications that are filed subsequent to and related to a prior development permit or application of the types listed in SVMC I7.80.170(C)(1) through (14) shall be considered under the development regulations in effect at the time a complete application listed in SVMC 17.80.170(C)(1) through (14) is filed pursuant to SVMC 17.80.100. 1. Accessory dwelling unit; 2. Boundary line adjustment or elimination; 3. Floodplain development; 4. Site plan; 5. Binding site plan; 6. Shoreline substantial development permit; 7. Shoreline conditional use permit; 8. Shoreline nonconforming use or structure review; The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. Spokane Valley Municipal Code Chapter 17.80 PERMIT PROCESSING PROCEDURES 9. Shoreline variance; 10. Shoreline letter of exemption; 11. Short subdivision; 12. Conditional use permit; 13. Planned residential development; and 14. Subdivision. Page 15/15 However, an applicant filing a complete application for any subsequent building permit or land -disturbing activity permit application shall only have such rights as described herein if it is submitted prior to the expiration date of the permit(s) or approval(s) applied for in the application types listed in SVMC 17.80.170(C)(1) through (14). D. Development Regulations. For the purpose of SVMC 17.80.170, "development regulation" means those provisions of SVMC Titles 17 through 24 that exercise a restraining or directing influence over land, including provisions that control or affect the type, degree, or physical attributes of land development or use. For purposes of SVMC 17.80.170, "development regulation" does not include fees or procedural regulations. E. Applicability of Current Building Code. A complete building permit application shall always be subject to that version of SVMC Title 24 in effect at the time the building permit application is submitted. F. Rezones Not Acquiring Vested Rights. Notwithstanding any other provision in SVMC 17.80.170, any application dependent on approval of a rezone application shall not acquire vested rights to any particular development regulations until the underlying rezone is approved. At that time, the application dependent on approval of a rezone shall be considered under the development regulations in effect at the time the underlying rezone is approved. G. Waiver of Vested Rights. At any time during the processing of an application, an applicant may voluntarily opt to have all applications for a project be governed by development regulations in effect on a date later than the date provided pursuant to SVMC 17.80.170(B) through (F). The applicant may exercise that option by delivering a written and signed waiver to the department stating that the property owner agrees: 1. To waive all rights provided pursuant to SVMC 17.80.170(B) through (F) and any related vested rights claim they may have with the application; 2. To have all applications for the project be governed by all development regulations in effect on the date of delivery of the waiver, subject to the limitations set forth in SVMC 17.80.170(B) through (F); 3. That any change or modification to the project required or desired pursuant to new development regulations may result in a new determination of whether the application is still fully complete based upon the changes. In the event the application or project is changed such that it is no longer fully complete, the applicant shall provide such information as is required to render the modified application fully complete and the applicant shall agree to reset the time period for permit review and processing to the date the modified application is determined to be fully complete; and 4. That any change or modification to the project may require additional review and processing, revised public notice, and additional public hearings as required pursuant to Chapter 17.80 SVMC. In the event an applicant delivers a written and signed waiver meeting the requirements of SVMC 17.80.170(G)(1) through (4), the application shall be considered under the development regulations in effect on the date of delivery of the waiver or, if necessary, the new date a modified application is determined fully complete, and any other subsequent building permit or land disturbing activity permit applications subject to SVMC 17.80.170(C) shall be considered under the development regulations in effect on the date of delivery of the waiver, or if necessary, the new date a modified application is determined fully complete. (Ord. 16-018 § 6 (Att. B), 2016). The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. r-, 0 C14 C-U-) 0r0 FUD mE M 0 0 > 0 1. 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Q R Q Q N i� Q = V) to to to > V) V) = 0 0 -C ~. +- —_ CV f'M -0 Lci O (V O a O s s to to L`� CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: September 24, 2020 Item: Check all that apply ❑ old business ® information FILE NUMBER: N/A ❑ new business ❑ public hearing ❑ study session ❑ pending legislation AGENDA ITEM TITLE: Transportation Planning for the South Barker Corridor DESCRIPTION OF PROPOSAL:. N/A GOVERNING LEGISLATION: RCW 36.70A.070(6)(b); RCW 43.21 C; RCW 82.02.050-.110; WAC 197-11; WAC 365-196-850; SVMC 22.20; SVMC 21.20. BACKGROUND: Staff will provide a cursory review of the adopted Street Standards' Chapter 3 — Traffic Analysis and how it impacts planning efforts at the City. Next, staff have identified the South Barker Road Corridor as an area experiencing a significant amount of new development. This has and will lead to continued degradation of levels of service for traffic movement on Barker Road and on connecting streets throughout the corridor. In 2019, staff contracted with a transportation engineering and planning firm, Fehr & Peers, to complete a comprehensive traffic study for the South Barker Corridor. Through this study, the City has identified various improvements needed to accommodate new development and the anticipated fair -share costs per trip for new development. Staff shared this study with City Council on February 18, 2020. City Council supported the study and requested staff to pursue fee collection in the South Barker Corridor area. Historically, the collection of fees associated with new development has provided various challenges. Currently, the two primary mechanisms for the City to impose mitigation requirements on new development are through concurrency (SVMC 22.20) and SEPA (SVMC 21.20). However, there are challenges with each, as both are limited to larger projects and impacts. Larger projects typically require in-depth traffic evaluations and are subject to interpretation and the end results often vary from one development to another. Alternatively, smaller developments (i.e. short plats) will incrementally contribute to the traffic impacts on the system, however, they do not meet the thresholds that require any financial contributions to offset those impacts. Thus, staff will also provide information on "impact fees" allowed pursuant to RCW 82.02.050-82.02.110. These are fees specifically allowed to address impacts from any new development and they may be imposed on all development within a designated area, such as the South Barker Corridor Study Area. Generally, impact fees are collected when a building permit application is submitted. This is different than fees collected through SEPA or concurrency, which are collected as part of the platting process. Also, impact fees help streamline the permitting process by providing a known fee that allows developers to plan with certainty. At this time, staff is providing information on this topic with the intention of pursuing further Planning Commission action regarding the consideration for traffic impact fees for the South Barker Corridor area by means of a future, council -adopted, impact fee ordinance. RECOMMENDED ACTION OR MOTION: None. Staff will bring forward additional information on 10/08/2020. STAFF CONTACT: John Hohman — Deputy City Manager, Bill Helbig — City Engineer, Erik Lamb — Deputy City Attorney, Jerremy Clark — Sr. Traffic Engineer ATTACHMENTS: PowerPoint Presentation RPCA Study Session (South Barker Corridor) Page I of I L � i �, i L O.- N W W r6 -�E C) N C: � �C 'c ft.. Qww 4 N U v a� D L 4-1 � •— aJ �C_ (a) o L V) E OD M O J 4J p U _ >' > o 0 a� 4-J O 4J O 0 ca � .o L. 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