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BSP-02-10 Staff Report and Notice of Decision.docx /  Community Development Department Planning Division Staff Report and Notice of Decision File No: BSP-02-10   Staff Report Date: November 9, 2010 Report Prepared By: Micki Harnois, Associate Planner, Community Development Department Report Review By: Scott Kuhta, AICP, Planning Division Manager, Community Development Department File number/Proposal: BSP-02-10 Preliminary binding site plan approval to divide 1.32 acres into three (3) lots for commercial purposes. Proposal Location: Parcel number 45202.0328, addressed as 9400 East 1st Avenue, located approximately six hundred (600) feet east of the intersection of Mullan Road and 1st Avenue, situated in the NW quarter of Section 20, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington Property Owner: Joseph & Michelle Petretee, 24221 East Pinehurst Lane, Liberty Lake, WA 99019 Approval Criteria: Comprehensive Plan – Chapter 2 - Land Use SARP – Section 2.1 (District Zones Regulations) SVMC – Title 20 (Subdivision Regulations) SVMC – Title 21 (Environmental Controls) 2009 Spokane Valley Street Standards 2008 Spokane Regional Stormwater Manual Spokane Regional Health District Regulations Attachments: Exhibit 1: Vicinity Map Exhibit 2: Preliminary Binding Site Plan of Record Exhibit 3: Determination of Completeness Exhibit 4: Notice of Application Exhibit 5: SEPA Determination Exhibit 6: Agency Comments I. Property Information Size and Characteristics: The site is 1.32 acres in size with an existing office building and storage building.  Comprehensive Plan Designation: Mixed Use Avenue and Community Boulevard  Zoning of Property: Mixed Use Avenue (MUA) and Community Boulevard (CB)  Existing Land Use: Commercial   II. Staff Analysis of Proposal Compliance with SARP Section 2.1 –District Zones Regulations Section 2.1 (District Zones Regulations) and Section 2.2(Site Development Standards) of the Sprague and Appleway Corridors Subarea Plan (SARP) sets forth the general requirements for development in the Mixed Use Avenue and Community Boulevard District Zones. The proposal is to divide 1.32 gross acres into three (3) lots for office/ commercial use. Lot 1 has direct access to 1st Avenue and Appleway Boulevard, Lot 2 has direct access to 1st Avenue and Lot 3 has direct access to Appleway Boulevard. Staff finds all minimum development standards as proposed are consistent with Section 2.1 (District Zones Regulations) and Section 2.2 (Site Development Standards) of the SARP. Compliance with SVMC Title 20 – Subdivisions Regulations: Title 20 includes general design requirements and required findings. Those issues are addressed below: Section 20.20.090 General Design. The design of binding site plans shall conform to all applicable city plans, regulations and design and development standards. In addition: Design, shape, size and orientation of tracts; Staff response: The design, shape, size and orientation of the lots are appropriate for the intended commercial use. The proposed lots meet the requirements of the zoning district and the land use classification of the Comprehensive Plan. Lot arrangement; Staff response: The arrangement of the proposed lots is consistent with the requirements. Block dimensions; Staff response: Block dimensions are not applicable to this proposal. Arrangement of tracts and roads, to permit subsequent redivision in conformity with roads or plans adopted by the City; Staff response: The proposed lots are less than one acre in size. Lots should not be divided by the boundary of any city, county, zoning designation, or public right-of-way; Staff response: The proposed lots are divided by two zoning designations, Mixed Use Avenue and Community Boulevard. The Spokane Valley City Council has initiated a process to rescind the SARP and the property will likely revert to a single zoning classification. Every lot shall have direct access to a paved public street, private street or private driveway easement; Staff response: All lots have access to a public street and/or private driveway. Improvements shall be made for construction of all public/private streets and driveways; Staff response: Prior to filing the final binding site plan application, the applicant shall improve or make appropriate provisions for the construction of the public or private streets or private driveways that provide access to lots being created through the binding site plan consistent with appropriate City-adopted standards. The City of Spokane Valley Development Engineering has provided comments, if applicable. Wastewater design; Staff response: Wastewater design is coordinated directly with Spokane County Utilities and shall be in compliance with all applicable City and other agencies’ regulations. Adequate domestic water supply and/or fire protection; Staff response: Adequate public domestic water supply and/or fire protection shall be provided in compliance with all applicable City and other agencies’ regulations. Road design; Staff response: All road designs shall be in conformance with the 2009 Spokane Valley Street Standards. Provisions for stormwater runoff; Staff response: Provisions for Stormwater runoff shall be in compliance with the 2008 Spokane Regional Stormwater Manual. Easements for electric, water, sewer, gas and similar utilities; Staff response: Easements for electric, water, sewer, gas, and similar utilities shall be illustrated on the final binding site plan. The utility purveyors shall indicate to the Community Development Department in writing that the easements are adequate for their service needs. Underground utilities; Staff response: The binding site plan shall provide underground utilities within public right-of-way, alleys or utility easements including, but not limited to, those for electricity, communications and street lighting. Section 20.20.100, Findings stipulates that prior to approving any preliminary binding site plan the City shall determine and make written findings of fact that appropriate provisions are made for the following: The public health, safety, and general welfare. Staff response: The public health, safety and general welfare will be promoted in accordance with the standards set forth in the SARP. Open spaces. Staff response: The SARP does not require open space for development for buildings less than 50,000 square feet in size. Drainage ways. Staff response: All drainage will follow the adopted Spokane County Guidelines for stormwater management. Streets or roads, alleys, sidewalks and other public ways. Staff response: All streets providing access to the proposed development must meet the requirements of the 2009 Spokane Valley Street Standards and the 2008 Spokane Regional Stormwater Manual. Transit stops. Staff response: Spokane Transit Authority determines needs for transit stops. The closest bus route can be accessed on Appleway Boulevard, which is located adjacent to the south of the site. Public potable water supplies. Staff response: Public water supplies are regulated by the Spokane Regional Health District and the local water purveyor, Modern Electric Water Company. Sanitary sewer. Staff response: Sanitary sewer system is coordinated by Spokane County Utilities and is available to this proposal. Parks and recreation. Staff response: No new parks or recreation facilities are proposed as part of this proposal. The nearest recreation facility is Balfour Park located to the northeast of the proposed development. Playgrounds, schools and school grounds. Staff response: The nearest school, West Valley City School is located northwest of the site. Further north is Ness Elementary School. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. Staff response: Sidewalk improvements currently existing along Appleway Boulevard and improvements are required along 1st Avenue per the City’s Development Engineering Division. Whether the public interest will be served by the short subdivision, subdivision and binding site plan. Staff response: As proposed, this binding site plan meets or will meet all criteria set forth in the City of Spokane Valley Municipal Code and will be consistent with the applicable goals and policies of the City of Spokane Valley Comprehensive Plan. The proposed short subdivision, subdivision or binding site plan is in conformity with all applicable development code provisions. Staff response: As proposed, this binding site plan meets or will meet all criteria set forth in the Sprague and Appleway Corridors Subarea Plan, City of Spokane Valley Municipal Code, the City of Spokane Valley Comprehensive Plan and all other development code provisions. Other requirements found to be necessary and appropriate and for which written standards and policies have been adopted. Staff response: As proposed, this subdivision meets or will meet all criteria set forth in the Sprague and Appleway Corridors Subarea Plan, City of Spokane Valley Municipal Code and the City of Spokane Valley Comprehensive Plan. SVMC Chapter 20.20.050 – (Prohibition against sale, lease or transfer of property) stipulates that no person shall sell, lease or offer to sell or transfer any lot, tract or parcel subject to the requirements of this title without first receiving final binding site plan approval and recording the approved binding site plan with Spokane County; provided, that if performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract or parcel of land is expressly conditioned on the recording of the subdivision, short subdivision or binding site plan containing the lot, tract, or parcel, the offer or agreement does not violate any provision of this Title. SVMC Chapter 20.20.080 (Professional Land Surveyor) requires the preparation of all preliminary and final binding site plans be made by or under the supervision of a professional land surveyor. The professional land surveyor shall certify on the final plat that it is a true and correct representation of the lands actually surveyed. A survey is required on all final plats. All surveys shall comply with the Survey Recording Act (RCW 58.09), Survey and Land Descriptions (WAC-332-130). SVMC Chapter 20.30.050 (Expiration of Preliminary Approval) stipulates that preliminary binding site plan approval automatically expires seven (7) years after preliminary approval is granted unless a time extension is approved for the project. If a request for an extension of time is not submitted and approved, the preliminary approval expires and the short plat is null and void. The expiration date for BSP-02-10 is therefore November 9, 2017. SVMC Chapter 20.30.060 (Time Extensions) requires an application form and supporting data for time extension requests must be submitted to the Director at least thirty (30) calendar days prior to the expiration of the preliminary binding site plan approval. Pursuant to Chapter 20.40.030 (Filing Final Short Plat, Plat, or Binding Site Plan) the City of Spokane Valley shall record with the Spokane County Auditor’s Office the final binding site plan, upon receipt of all required signatures on the face of the plat. The approved preliminary binding site plan shall have a maximum of three (3) lots unless a preliminary binding site plan modification is approved consistent with SVMC Chapter 20.50 (Preliminary Plat, Short Plat, and Binding Site Plan Alterations). Pursuant to Chapter 20.80.040 (Recordation) of the SVMC, all fees for recording shall be paid by the applicant prior to recording. Compliance with SVMC Title 21 – Environmental Controls SVMC Section 21.20 - State Environmental Policy Act Pursuant to Title 21 (Environmental Controls) of the Spokane Valley Municipal Code (SVMC), the lead agency has determined that this proposal does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). The Planning Division issued a Determination of Non-Significance (DNS) for the proposal on October 15, 2010. This decision was made after review of a completed environmental checklist and other information on file with the lead agency. SVMC Section 21.30 – Floodplain Regulations or other as applicable Chapter 21.30 (Floodplain Regulations) specifies criteria for the platting of land within identified areas of special flood hazard. RCW 58.17.120 specifies that no plat shall be approved by any city, town, or county legislative authority covering any land situated in a flood control zone as provided in RCW 86.16 without the prior written approval of the Department of Ecology of the State of Washington. Pursuant to Community Panel No. 53063C0569D of the Federal Insurance Rate Maps for Spokane County, Washington (Map Revised: July 6, 2010), the subject property is not located within a designated area of special flood hazard. Compliance with SVMC Title 22 – Design & Development Standards SVMC Section 22.20 – Concurrency Title 22 (Design and Development Standards), Chapter 22.20.020 (Concurrency Review) of the City of Spokane Valley Municipal Code specifies that new development shall not be approved unless the proposal can demonstrate the availability of public sewer and water services. New development must 1) be connected to a live (fully operational) public sewer at time of occupancy, or 2) be located within the Spokane County Six-Year Capital Improvement Program area. The proposal consists of a preliminary binding site plan request therefore qualifying as new development. A completed Certificate of Sewer Availability from Spokane County Division of Utilities dated August 12, 2010 indicates the developer will design, fund, construct and provide financial surety for the necessary systems to extend sewer service to the site and provide service connections as required. A Certificate of Water Concurrency was completed by Modern Electric Water Company dated April 16, 2010, indicating public water is available to serve the new development by means of service connection to the existing water main. Based on the preceding, staff finds that the proposal meets the concurrency requirements of Chapter 22.20. Public Comments Findings: No written public comments were submitted in response to the Notice of Application for the binding site plan issued on September 24, 2010. Conclusion(s): Staff concludes that adequate public noticing was conducted for BSP-02-10 in accordance with adopted public noticing procedures. Agency Comments Comments were received from the following agencies and are attached as exhibits to this staff report: City of Spokane Valley Development Engineering Division Spokane County Division of Utilities Spokane Regional Health District Spokane Regional Clean Air Agency Qwest Spokane Tribe of Indians Overall Conclusions and Findings Staff concludes that BSP-02-10 as proposed is generally consistent or will be made consistent through the application of conditions of approval with the approval criteria stated herein. Decision The Planning Division has reviewed the submitted application’s conformity to applicable City regulations and standards for the platting of land within the City, as specified herein, and has decided to APPROVE BSP-02-10 subject to compliance with the following conditions of approval: Prior to final binding site plan application submittal, the applicant shall: SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT – PLANNING DIVISION: Submit a final binding site plan containing the following note on the face of the plat: “All lots within this binding site plan shall comply with the building setback requirements, maximum building height standard, maximum lot coverage standard and other applicable lot development standards for the Mixed Use Avenue (MUA) and Community Boulevard (CB) District Zones or successor zoning designation to the extent permitted by Washington State law in effect at the time of building permit application.” A shared access travel way shall be provided between all lots, pursuant to SVMC Chapter 22.130.039. SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT ENGINEERING DIVISION: A Professional Engineer, licensed in the State of Washington, shall prepare required engineering documents (including civil/street plans, drainage plans, drainage calculations, traffic studies, shared access driveway plans, etc.) Plans shall conform to the 2009 Spokane Valley Street Standards (or as amended), the 2008 Spokane Regional Stormwater Manual (or as amended), the City of Spokane Valley Municipal Code and all other federal, state and local regulations, as applicable. For the Standard Plan Notes use those in the Street Standards Appendix 4A rather than those in the Spokane Regional Stormwater Manual Appendix 3B. For 1st Avenue, frontage improvements are required per Street Standards Chapter 2 and are described below. 1st Avenue is designated as a Local Access street. Frontage improvements include twenty (20) feet of asphalt width from road centerline, Type B curb and gutter (two (2) foot wide), ten (10) foot wide roadside swale (that runs the length of the improvements except where there are approaches), and a six (6) foot wide sidewalk. The total width of improvements is thirty-eight (38) feet. The sidewalk does not need to be constructed with this project. Current right-of-way is sixty (60) feet; one-half (½) of the right-of-way being thirty (30) feet. A border easement, which extends from the right-of-way to back oif sidewalk, of eight (8) feet is required. The border easement width was determined assuming that the center of the road coincides with the center of the right-of-way. Applicant is to confirm right-of-way location and width(s). Note – the building setback begins at the edge of the border easement. Capacities of existing drywells being used for disposal of stormwater from public streets will need to be verified. If drywells are proposed and they are in Garrison or Springdale soils, the geotechnical testing for confirming the soil classification and that the drywells will function as designed may be performed during construction. If this option is exercised then the following note shall be placed on the civil and drainage plans: “Per Spokane Regional Stormwater Manual methods, a qualified licensed engineer shall evaluate, classify and document the soils in the excavated drywell infiltration zone and estimate their infiltration rate prior to installation of the filter fabric, drainage rock or drywell barrel and shall submit a copy of the documentation to the City of Spokane Valley Development Engineering. If the engineer determines that the soils in the drywell infiltration zone will be unsuitable or incapable of infiltrating stormwater at the design flow rate or that a condition exists preventing the drywell from functioning as designed, the design engineer shall be notified and the design revised to meet existing conditions. Any revisions to the design shall be submitted to the City of Spokane Valley for review and acceptance. If an existing approach is to be altered or abandoned then the unused portion of the original approach needs to be removed and replaced with curb, gutter and sidewalk matching that which is adjacent. Show any utility easements (i.e. telephone, power, etc.) on the civil plans. The permittee is responsible for arranging for all necessary utility adjustments, relocations, or improvements as required for completion of the project. The developer will need to contact the purveyors of each affected utility regarding private service, utility improvement, and any relocation and adjustment costs. All rigid objects shall be located out of the clear zone. These clear zone requirements can be found in the 2009 City of Spokane Valley Street Standards, or as amended. If sewer and/or water needs to be brought to the properties and to do this requires an engineered design, copies of the approved sewer and water plans are required to be submitted to Development Engineering. Civil plans for the project are required to show the extent of pavement removal and replacement. A copy of the recorded access easement agreements shall be submitted prior to final BSP approval by Development Engineering Division prior to recording. Border easements must be designated on the final plat map. Plat language will be determined at the time of final BSP submittal. Contact Development Engineering after civil plan approval and/or prior to first submittal of final plat to obtain plat language. All new drywells and other injection wells must be registered with the Underground Injection Control program (UIC) at Department of Ecology prior to use and the discharge from the well(s) must comply with the ground water quality requirement (non-endangerment standard) at the top of the ground water table. Contact the UIC staff at UIC Program, Department of Ecology, P O Box 47600, Olympia, WA 98504-7600, (360) 407-6143 or go to: http://www.ecy.wa.gov/programs/wq/grndwtr/uic/registration/reg_info.html for registration forms and further information. Copies of the registration(s) for wells, which receive stormwater runoff from public streets, are to sent to the Spokane Valley Engineering Department. The City of Spokane Valley NPDES Permit Number is WAR04-6507. SPOKANE REGIONAL HEALTH DISTRICT The final binding site plan shall be designed as indicated on the preliminary binding site plan of record and/or any attached sheets as noted. Appropriate utility easements shall be indicated on copies of the preliminary BSP of record for distribution by the Planning Division to the utility companies, City of Spokane Valley Engineer, and the Spokane Regional Health District. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. Water service shall be coordinated through the Director of Utilities, Spokane County. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Health. Prior to filing the final BSP, the sponsor shall demonstrate to the satisfaction of the Spokane Regional Health District that an adequate and potable water supply is available to each lot of the BSP. Prior to filing the final BSP, the sponsor shall present evidence that the BSP lies within the recorded service area of the water system proposed to serve the BSP. A public sewer system will be made available for the BSP and individual service will be provided to each lot prior to sale. Use of individual on-site sewage disposal systems shall not be authorized. A statement shall be placed in the dedication to the effect that: “A public sewer system will be made available for the BSP and individual service will be provided to each lot prior to sale. Use of individual on-site sewage disposal systems shall not be authorized.” The dedicatory language on the BSP shall state: "Use of private wells and water systems is prohibited." The final BSP dedication shall contain the following statement: "The public water system, pursuant to the Water Plan approved by county and state health authorities, the local fire protection district, City of Spokane Valley and water purveyor, shall be installed within this BSP and the applicant shall provide for individual domestic water service as well as fire protection to each lot prior to sale of each lot and prior to issuance of a building permit for each lot." SPOKANE COUNTY DIVISION OF UTILITIES A Private Easement, and Joint Use, Maintenance and Hold Harmless Agreement, shall be shown on the face of the binding site plan and the dedication shall state “The perpetual, non-exclusive easement as shown on the face of this binding site plan map, is for the maintenance of and for an underground, private sewer line. The parties/owners agree that they shall be responsible for maintenance and repair of said sewer line, on a shared cost basis, except for any repairs that might be necessary due to the negligence of either party or their successors or assigns. The parties/owners agree and acknowledge that the sewer line to be used by all parties, their successors or assigns, that it is a private sewer line and is not owned by, or to be maintained by, the County of Spokane. The parties/owners, their successors or assigns agree to hold the County of Spokane harmless from the use and maintenance of the sewer line subject to this easement. The easement shall run with the land and shall bind the parties/owners, their successors and assigns. As per the development regulations/zoning code of the governing authority as amended, the dedication shall state: "Public sewers shall be constructed to provide for the connection of each parcel to the County’s system of sewerage. Uses on properties within the project shall be required to connect to the sewer and pay applicable charges per the County Sewer Ordinance. Sewer connection permits shall be required." Applicant shall submit expressly to Spokane County Division of Utilities "under separate cover", only those plan sheets showing sewer plans and specifications for the public sewer connections and facilities for review and approval. Commercial developments shall submit historical and/or estimated water usage as part of the sewer plan submittal. Prior to plan submittal, the developer is required to contact Billy Urhausen at 477-3604 to discuss the details of the sewer plans. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the issuance of the sewer connection permit. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. Prior to or during on-site construction the applicant shall: SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT ENGINEERING DIVISION: Permits are required for any access to or work within the right-of-way of the City of Spokane Valley roadway system. A traffic control plan will be required to accompany the right-of-way obstruction permit. All survey monuments shall be protected during construction.  Any disturbed or damaged monuments shall be replaced prior to final binding site plan and/or release of surety. A pre-construction conference with Development Engineering is required prior to the start of construction. The grading permit is to taken out prior to scheduling the pre-con meeting with proof of the permit issuance provided at the meeting. During this meeting, standards and submittal requirements of the Construction Certification will be given to the project engineer/inspector. The TESC structures (such as filter fence, silt ponds, silt traps) are to installed prior to the start of site work and maintained throughout the duration of construction and until the site has stabilized. Construction within the proposed public streets and easements shall be performed under the direct supervision of a licensed Washington State Professional Engineer/Land Surveyor. All work is subject to inspection by the City of Spokane Valley. Upon completion of the improvements, a Construction Certification package and record drawings are required for the improvements and shall be submitted and approved prior to releasing the performance surety. For sureties, the City of Spokane Valley accepts Letters of Credit or Cash Savings Assignments. SPOKANE REGIONAL CLEAN AIR AGENCY Dust emissions during demolition, construction and excavation projects must be controlled. This may require the use of water sprays, tarps, sprinklers, or suspension of activity during certain weather conditions. Measure s must be taken to avoid the deposition of dirt and mud from unpaved surfaces onto paved surfaces. If tracking or spills occur on paved surfaces, measures must be taken immediately to clean these surfaces Debris generated as a result of this project must be disposed of by means other than burning. Spokane Clean Air strongly recommends that all traveled surfaces (i.e. ingress, egress, parking areas, access roads, etc.) be paved and kept clean to minimize dust emissions. If objectionable odors result from this project, effective control apparatus and measures must be taken to reduce odors to a minimum. Special attention should be given to proper maintenance of diesel powered construction equipment to reduce the impact of diesel exhaust, a suspected carcinogen. A Notice of Construction and Application for Approval is required to be submitted and approved by Spokane Clean Air prior to construction, installation, or establishment of an air pollution source. This includes emergency generators rated at 500 hp (375 kW) or higher, natural gas heating equipment units rated at 4 MMBTU/hr or higher (input), and heating equipment units fired with other fuels (e.g. diesel) rated at 1 MMBTU/hr (input) or higher. Contact Spokane Clean Air for a Notice of Construction application. A Notice of Intent must be submitted to Spokane Clean Air prior to any demolition project or asbestos project. An asbestos survey must be done by an AHERA accredited building inspector prior to the demolition or renovation of buildings to determine if asbestos-containing material is present at the site. Contact Spokane Clean Air for a Notice of Intent application. SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT-PLANNING DIVISION: Upon any discovery of potential or known archaeological resources at the subject properties prior to or during future on-site construction, the developer, contractor, and/or any other parties involved in construction shall immediately cease all on-site construction, shall act to protect the potential or known historical and cultural resources area from outside intrusion, and shall notify, within a maximum period of twenty-fours from the time of discovery, the City of Spokane Valley Community Development Department of said discovery. APPEAL OF DECISION Pursuant to Section 17.90 (Appeals) of the SVMC, a written appeal of the Staff Report and Notice of Decision shall be filed with the City of Spokane Valley Community Development Department within fourteen (14) calendar days after the date the notice of the decision is mailed. The appeal deadline is at 5:00 pm on November 23, 2010.