Ordinance 18-004 flag lots, innocent purchasers CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 18-004
AN ORDINANCE OF THE CITY OF SPOKANE 'VALLEY, SPOKANE COUNTY,
WASHINGTON AMENDING SPOKANE VALLEY MUNICIPAL CODE APPENDIX A
RELATING TO FLAG LOTS; AMENDING SPOKANE VALLEY MUNICIPAL CODE
CHAPTER 20.20 RELATED TO LEGAL LOTS, INNOCENT PURCHASERS, AND
DOUBLE FRONTAGE LOTS; AND OTHER MATTERS RELATING THERETO,
WHF,RPAS, the City of Spokane Valley (City) previously adopted Spokane Valley Municipal
Code (SVM ) Title 20, relating to subdivision regulations, and has made subsequent amendments from
time to time as appropriate; and
WHEREAS, such regulations are authorized by RCW 36,70A.; and
WHEREAS, on November 9,2017, the Planning Commission held a study session; and
WI I EREAS, on November 14,2017,the Washington State Department of Commerce was notified
pursuant to RCW 36.70A.106, providing a 60-day notice of intent to adopt amendments to Spokane Valley
development regulations; and
WHEREAS, on November 24, 2017 and December 1, 2017, notice of the Planning Commission
public hearing was published in the Valley News Herald; and
W1 IERF AS, on December 14, 2017, the Planning Commission held a public hearing, received
evidence, information, public testimony, and a staff report with a recommendation followed by
deliberations; and
WHEREAS, on January 11, 2018, the Planning Commission approved the findings and
recommended that City Council adopt the amendments; and
WHEREAS, on January 30, 2018, Ci[y Council reviewed the proposed amendments, Planning
Commission findings, and Planning Commission recommendation. City Council determined it desired to
consider adopting the amendments; and
WI-UREAS, the amendment set forth below is consistent with the goals and policies of the City's
Comprehensive Plan; and
WHEREAS, .SVC Appendix A and SVMC 20.20,as amended,hears a substantial relation to the
public health, safety,welfare and protection of the environment,
NOW, THEREFORE, the City Council of[he Cii[y of Spokane Valley ordains as follows;
Section 1. Purpose. The purpose of this Ordinance is to amend chapter 20,20 SVMC
General Provisions to address illegal lots and innocent purchasers, eliminate inconsistencies with Title 19
resulting from the development regulations update in 2016, make c[arifications and minor grammatical
changes; and modify the definition of tlag lot in Appendix A.
Section 2. findings and Conclusions. The City Council acknowledges that the Planning
Commission conducted appropriate investigation and study, held a public hearing on the proposed
amendments and recommends approval of the amendments. The City Council has read and considered the
Planning Commission's findings. The City Council hereby makes the following findings,
Ordinance 18-004 Page: 1 tat
A. Growth Maanagetncnt Act Policies - Washington State Growth Management Act (GMA)
provides that each city shall adopt a comprehensive land use plan and development
regulations that are consistent with and implement the comprehensive plan.
B City of Spokane Valley Goals and Policies-The City of Spokane Valley has adopted goals
and policies consistent with the UMA and adopted County-Wide Planning Policies, set
forth below.
Land Use Goal LUG-G1: Maintain and enhance the character and quality of life
in Spokane Valley
Land Use Goal LUG-C : Provide for land uses that are essential lo Spokane
Valley residents, employees,and visitors.
Land Use Goal LUG-G4: Ensure (hal land use plans, regulations, review
processes, and infrastructure improvements support economic }rowth and
vitality,
C. Conclusions
The proposed amendment hears a substantial relation to public health, safety,
welfare, and protection of the environment.
The proposed text amendment is consistent with the City's Comprehensive Plan
and the approval criteria pursuant to SVMC 17,811150M.
Section 3. Amendment, SVMC Appendix A is hereby amended as follows:
Lot, double frontage; An inwrior lot with frontage on more than one street.
Flag Lot: A lot with two distinct parts:
a. A large portion of the lot which is the only building site; and is located behind another lot;
and
b, A strip of land which connects the flag to the street and provides the only street frontage
for the lot.
ken}fisc
LOT 1LOT 2
, • .
47) 0
Flag Lot
Lot, interior: A lot within a subdivision that is not located at the intersection of any adjacent public or
private street..
Ordinance I 8-004 Page 2 of 8
Section 4. Amendment, SVTVIC 20.20 hereby amended as follows:
Chapter 20.20
GENERAL PROVISIONS
Sections:
20,20,010 Purpose,
20,20,020 Exemptions.
20.20.030 Legal lot.
20,20,040 Approval required prior to recordation.
20.20.050 Prohi bit ion against sale, lease or transfer of property.
20.20,060 Vertical datum.
20,20.0711 Monumentation.
20.20.080 Professional land surveyor.
20.20,090 Gre n eral 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 arc necessary to:
A. Promote the health, SEI fity, 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 vvater 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 monumentatiun 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 Nailer the goals and policies of the Comprehensive Plan; and
L. Provide a process for the division of land for the following:
1. Short Subdivision. The division of land into nine or fewer lots, tracts, parcels, sites or
divisions with a level of review that is proportional to [he effect those lots may have on the
surrounding area;
2, Subdivision, The division of land into 10 or more lots, tracts, parcels, sites or divisions
with a level of review that is proportional to the effect those lots may have on the
surrounding area;
3, Binding Site Plan, An alternative method of dividing property interests forr 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. (Ord. 09-002 § 1, 2009;
Ord, 07-015 § 4, 2007)_
Ordinance 18-004 Page 3 of 8
20.20.020 Exemptions.
A. The provisions of Title 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 SVMC shall not apply to the following;provided,that an application
for exemption and drawing consistent with SVMC 20,20,020(C)is submitted and approved by the City;
l. Division of land into lots or tracts if such division is a result of subjecting a portion of
the parcel or tract of land to either.chapter 64.32 RCW(Horizontal Regimes Act)or chapter
64.341 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 thatis 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_'Ihe application shall be determined to be complete upon the submittal
of the following materials:
I_ An application; and
2. Maps,plans,and/or exhibits containing all appl icable information as required by SVMC
20.30.020(B). (Ord. 09-002 § 1, 2009; Ord. 07-015 § 4,2007).
20.20.030 Lewd lot.
Development shall he 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 wasapproved including, but not limited to,demonstrating the lot was created through one
of the following:
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:
• A tax segregation request was received by the Spokane County assessor's office prior to
said date; or
• A legal instrument(s)pertaining to said division were filed of record prior to said date; and
• 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. (Ord. 09-002 § I, 2009; Ord. 07-
015 § 4, 2007),
E. Development shall he 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-D).
F. In the event a lot was created by a means other than as specified in SVMC 20.20.030(A-D),
development shall he 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:
Ordinance l g-004 Pagt2 4 if
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 ereatcd on, or before December 31, 2016. In the event an illegally
created lot does not meet the criteria of SVMC 20.20.030(A-F),a development permit shall not he
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 he recorded as set
forth in SVMC 20.40.030. No such map, plat or plan shall he recorded or have any validity unless or until
it has the approval of City departments and agencies with jurisdiction as required by this title.. (Ord. 09-002
§ 1,2009; Ord. 07-015 § 4, 2007).
20.20.050 Prohibition against sale, Icasc 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 Title 20 SVMC without first receiving approval hereunder by the City and recording the
approved division with Spokane County; provided, that if pert armanec 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 Title 20 SVMC. (Gbit, 09-002 § I,2009; Ord. 07-015 § 4, 2007).
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). (Ord. 09-002 § 1,2009; Ord. 07-015 § 4, 2007),
20.20.070 Monumentalion.
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. (Ord. 09-002 § 1,
2009; Ord_ 07-015 § 4, 2007).
20.20.080 Professional Iamd 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. (Ord. 09-002 § 1, 2009; Ord, 07-015 § 4,
2007).
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 he appropriate for the use for which the
divisions arc intended, and the zoning and land use classification identified in the Comprehensive Plan of
the area in which they are located.
B. Lot Arrangement.
_ Side lot lines shall generally be perpendicular to public street rights-of-way, but may he within
twenty degrees of perpendicular, or radial to the right-of-way in the case of curvilinear streets or cul-de-
saes.
2. Corner Lois.
Ordinance 18-004 Page 5 of 8
a- The Lot Lines at the intersection of two public streets shall he located a minimum of two feet
behind the back of curb.
h. At the intersection of two arterial streets (collector, minor or principal), the applicant may be
required to provide a widened border casement 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). 'Me 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 he 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 arca are those necessary for the function of the proposed lights, signals et
cetera.
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}, Lot Dimensions.
a. Lot dimensions shall comply with the minimum standards established in Chapter 19.70 WNW;
b. Flag lots arc prohibited. Reverse flag lots providing access to alleys or amenities located to the
rear of the property are permitted;
4. Double Frontage Residential I.ots-
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,
Ordinance 18-004 Pagc 6 of 8
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 Chapter 22.70.070 SVMC;
c, No building, except buildings designed and constructed as two-family dwellings or one-family
attached dwe[lings, shall he 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.
. E. Lots shall not be divided by the City boundary or public right-of-way,and shall net be divided
by any, zoning designation, unless exceptional circumstances exist.
F. Every lot shall have direct access to a paved public street, private street, or an casement for a
private driveway.
U. Prior to filing the final short subdivision, subdivision or binding site plan application, the
applicant shall improve or make appropriate provisions for the construction of the public or private streets,
alleys or private driveways that provide access to lots being created through the short subdivision,
subdivision, or binding site plan consistent with applicable City-adopted standards.
H, Wastewater design shall comply with all applicable City regulations and other jurisdictional
agency regulations.
I. Adequate public domestic water supply and/or lire protection shall be provided in compliance
with all applicable City regulations and other jurisdictional agency regulations.
J. All road designs shall comply with chapter 22.130 SVMC and adopicd street standards.
K, P rovis ions for sto rruwatcr runoff shall comply with City regulations for stormwater management
as set forth in chapter 22.150 SV/MI .
L. Existing and proposed casements for electric, water, sewer, gas, and similar utilities shall be
illustrated on the short plat, plat,or binding site plan.'1°lie;utility purveyors shall indicate to the department
in writing that the easements are adequate for their service needs.
M. The short subdivision, subdivision, or binding site plan shall provide for the location of
underground utilities within public rights-of-way, border easements, alleys or utility casements 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. (Ord. 12-008 § 1, 2012; Ord. 09-002 § 1, 2009; Ord. 07-015 § 4, 2007).
20.29.109 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;
h. Transit stops;
F. Public potable water supplies;
G. Sanitary sewer;
H. Parks and recreation;
T. 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;
Ordinance 18-0t}4 Page 7 of 8
K. Whether the public interest is served by [he short subdivision,subdivision,and binding site plan;
T., 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 ncccssaiy and appropriate and for which written standards and
policies have been adopted- (Ord. 09-002 § 1,2009; Ord. 07-015 § 4, 2007).
20.20.110 Attached single-family sn111divisions.
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 20A0 S'VMC. 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
20A0 SVMC, Application for alterations of any preliminary short subdivision or subdivision shall he
submitted and processed according to the requirements of chapter 20-50 SV MC. 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 he submitted and reviewed according
to the requirements of chapter 20.70 SVMC. (Ord. 12-00 § 2, 2012; Ord. 09-002 § 1, 2009).
Section 5, Other sections unchanged- All other provisions of SVMC Appendix A and 'Title
20 SVMC not specifically referenced hereto shall remain in full force and effect.
Section 6. Severability. ]f any section, sentence, clause or phrase of this Ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, clause or phrase of
this Ordinance.
Section 7- Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or a summary there in the official newspaper of the City of Spokane Valley
as provided by law_
Passed by the City Council this 27th day of February,2018.
i`
--,
t- r 'V
AT I.-R. I Liggins, Ma`or
,- _--
_
Christine Bainbridge, City Clerk''
Approved as o Form:
p.,./
O(-3:„v/
of the Attorney
Date of Publication: March 9,2018
Effective Date: March 14,201 S
Ordinance 18-004 Page 8 of 8