1. SUB-2022-0002 Staff Report FinalStaff Report and Recommendation to the Hearing Examiner for SUB-2022-0002 – Ponderosa Ridge East Subdivision Page 1 of 26
STAFF REPORT DATE: March 18, 2024
HEARING DATE AND LOCATION: March 25, 2024, beginning at 9:00 a.m. at Spokane Valley City Hall, 10210 E Sprague Ave, Spokane Valley, WA 99206.
PROPOSAL DESCRIPTION: SUB-2022-0002 Ponderosa Ridge East Subdivision – Preliminary subdivision to divide approximately 17 acres into 81 residential lots.
PROPOSAL LOCATION: Parcel number 44052.9011, not addressed; located south of intersection of E 44th Avenue and S Locust Road, further located in the NE ½ of the NW ¼ of Section 5, Township 24 North, Range 44 East Willamette Meridian, Spokane County, Washington
OWNER: Lanzce G Douglass Investments, LLC, 1402 E Magnesium Road, Ste 202, Spokane WA
99217
APPLICANT: Ben Goodmansen, Whipple Consulting Engineers, 21 S Pines Rd, Spokane Valley, WA 99206
SURVEYOR: Whipple Consulting Engineers, 21 S Pines Rd, Spokane Valley, WA 99206
APPROVAL CRITERIA: Spokane Valley Comprehensive Plan Title 19 Spokane Valley Municipal Code (SVMC) - Zoning Regulations Title 20 SVMC – Subdivisions Title 21 SVMC – Environmental Controls Chapter 22.20 SVMC – Concurrency SVMC 22.130.040 - City of Spokane Valley Street Standards (SVSS)
SVMC 22.150.040 - Spokane Regional Stormwater Manual (SRSM) Spokane Regional Health District regulations
SUMMARY OF RECOMMENDATION: The Planning Division, after review and consideration of the
application and applicable approval criteria, recommends that the Hearing Examiner approve SUB-2022-0002 subject to compliance with the conditions of approval specified herein.
STAFF PLANNER: Lori Barlow, AICP, Senior Planner
REVIEWED BY: Chaz Bates, AICP, Planning Manager
ATTACHMENTS: Exhibit 1: Vicinity Map Exhibit 2: Zoning Map Exhibit 3: Comprehensive Plan Map Exhibit 4: Aerial Map Exhibit 5: Application Submittal Exhibit 6: Preliminary Plat Map of Record
Exhibit 7: Determination of Completeness
ECONOMIC DEVELOPMENT DEPARTMENT
PLANNING DIVISION STAFF REPORT AND RECOMMENDATION TO THE HEARING EXAMINER
FILE NO: SUB-2022-0002 PONDEROSA RIDGE EAST SUBDIVISION
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Exhibit 8: Notice of Application Exhibit 9: Notice of Public Hearing
Exhibit 10: Mitigated Determination of Non-Significance Exhibit 11: SEP-2023-0006 – SEPA Appeal and associated documents Exhibit 12: Decision on Motion to Dismiss APP-2023-0006 Exhibit 13: Critical Areas Report by Biology, Soils and Water dated July 12, 2022 Exhibit 14: Geotechnical Evaluation – Drainage Report Exhibit 15: Certificate of Transportation Concurrency Exhibit 16: Traffic Impact Analysis May 2023 Exhibit 17: Public Comments Exhibit 18: Spokane County Fire Protection District No. 8 Resolutions No. 21-07 Exhibit 19: Agency Comments Exhibit 20: Addressing
Exhibit 21: April 19, 2022 – WCE letter – Request to withdraw prior application
I. BACKGROUND INFORMATION
A. PROJECT DESCRIPTION
The subdivision will divide approximately 17 acres into 81 residential lots with 6 drainage tracts. The proposed lots range in size from 5,149 square feet up to 10,200 square feet.
Access to the proposed subdivision will be from 44th Avenue and Farr Road. Locust Road, 45th, 46th,
47th, and 48th Avenues will be extended to provide access to each of the proposed lots. Locust Road will extend the length of the property from 44th Avenue to the southern boundary. 45th Avenue will extend west to Locust Road. 46th Avenue will extend east from Ponderosa Lane through Locust Road and terminate with a cul-de-sac. 47th Avenue is proposed to extend east from Locust Road and connect into Farr Road. 48th Avenue extends west from Locust Road to the project boundary. All streets will be public and constructed as local access streets that include curb, gutter, sidewalk, and swale.
Small areas of steep slopes and rocky mountain elk priority habitat areas were identified on the site. A Critical Areas Report was prepared by Biology Soil and Water, Inc. to address impacts caused by the development. The report was initially prepared in 2004 for the Ponderosa Ridge Planned Unit Development project, and was updated on July 12, 2022, for the Ponderosa Ridge East project. The report contains recommendations to maintain and enhance habitat in the development but acknowledges that the Ponderosa Ridge East site will be surrounded by residential development that will eliminate part of the habitat for resident deer causing the deer to adjust their home range boundary to the forested land to the south and west. No wetlands, or rare, sensitive, endangered, or otherwise protected plant species
were identified on site. The Critical Areas Report is included as Exhibit 13. The Critical Areas are discussed in greater detail within section II.C.c of this report.
B. HISTORICAL RELATED PROJECT AND ADJACENT COUNTY PROJECT
Ponderosa Ridge Planned Unit Development (SUB-07-04/PUD-04-04) was a planned unit residential development project that proposed to divide the site into 81 residential lots with 30% of the area dedicated as open space. On June 15, 2007, the City issued a Mitigated Determination of Non-
significance (MDNS). The MDNS was appealed, and on November 30, 2007, the hearing examiner issued a decision that granted the appeal, reversed the MDNS and directed the City to issue a Determination of Significance (DS) to begin the Environmental Impact Statement process. The Superior Court reversed the hearing examiner’s decision, but in a subsequent appeal the Court of Appeals reversed the Superior Court, reinstating the hearing examiner’s decision and remanded the matter to the City for preparation of an EIS. See generally, Lanzce G. Douglass v. City of Spokane Valley, 154 W.
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App 408, 225 P.32 448 (2010). The City issued a DS on November 26, 2010. No further action occurred on the project until the project was withdrawn by the applicant on April 19, 2022 (see Exhibit 21).
Ponderosa Ridge Phase II is the County portion of the project which includes 49 single family residential lots at a density of 3.7 units per acre. The project site is located adjacent to the west corporate limit boundaries. The applicant and developer for the Ponderosa Ridge Phase II project is Lanzce Douglass. The preliminary subdivision was approved by the Spokane County hearing examiner in late February 2024.
The Ponderosa Ridge Phase II project (49 lots) and the Ponderosa Ridge East project (81 lots) collectively have 130 lots. In many cases public information about the city project contained references to the County project. Comments received from the public also referenced both projects. The City was a commenting agency on the Ponderosa Ridge Phase II project and participated in the development and review of the Traffic Impact Analysis but had no approval authority over the Preliminary Plat proposed in Spokane County.
C. APPLICATION PROCESSING: Chapter 17.80 SVMC Permit Processing Procedures. The table below summarizes key application procedures for the proposal.
ACTION DATE Pre-Application Meeting March 17, 2021 Preliminary Plat Application Submitted February 22, 2022 Determination of Completeness November 10, 2022
Notice of Application Mailed and Published November 18, 2022
MDNS Issued August 4, 2023
MDNS Appeal Received August 15, 2023
MDNS Appeal Dismissed November 27, 2023
Date of Posted Notice of Public Hearing: March 8, 2024
Date of Published Notice of Public Hearing: March 8 and 15, 2024
Date of Mailed Notice of Public Hearing: March 8, 2024
D. PROPERTY INFORMATION:
The site is in the southwestern portion of the city limits and the western property boundary is contiguous to the County. The property is unplatted. The property is undeveloped and covered in trees, field grass and weeds. Surrounding properties are a mix of single-family residential lots and undeveloped properties. The surrounding area to the east and south is primarily single-family residential development on lots greater than one acre. Denser single-family development occurs north and west of the site on lots
generally about .25 acre in size and smaller. The development located to the west is located outside of the city limits, within the County and at similar density patterns.
Size and Characteristics: The site consists of a single 16.95-acre parcel. The eastern half of the site is flat. The site is considered rolling terrain with existing slopes averaging between 10 – 15% sloping down to 44th. Critical areas on the site include
Rocky Mountain Elk Habitat and small areas of steep slopes.
Comprehensive Plan: Single-family Residential (SFR) Zoning: Single-family Residential (R-3)
Existing Land Use: Vacant
SURROUNDING COMPREHENSIVE PLAN, ZONING AND LAND USES:
North: Comprehensive Plan – Single Family Residential (SFR)
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Zoning – Single -Family Residential Estate (R-1)
Existing Land Uses – Single family residences.
South: Comprehensive Plan – Single-family Residential (SFR) Zoning – Single-Family Residential Estate (R-1) Existing Land Uses – Single-family family residence. East: Comprehensive Plan – Single-family Residential (SFR) Zoning – Single-Family Residential Estate (R-1) Existing Land Uses – Single family residences.
West: County Comprehensive Plan – Low Density Residential County Zoning – Low Density Residential (LDR) Existing Land Uses – Single family residences and vacant
II. FINDINGS AND CONCLUSIONS SPECIFIC TO THE PRELIMINARY PLAT
A. COMPLIANCE WITH SVMC TITLE 19 (ZONING REGULATIONS)
Findings: The site is in the Single-Family Residential (R-3) zoning district. The R-3 zone allows for single-family residential development that provides flexibility and promotes reinvestment in existing single-family neighborhoods.
The minimum lot size in the R-3 zone is 5,000 square feet for single-family residential development and
14,500 square feet for duplex development. The smallest proposed residential lot within the subdivision is 5,149 square feet and the largest is 10,200 square feet. The proposal meets the minimum lot area requirements for single-family development. The maximum allowed density in the R-3 zone is 8 dwelling
units per acre. This development proposes to subdivide 16.95 acres into 81 residential lots which equals a density of 4.8 dwelling units per acre. The proposed subdivision meets the lot area and density requirements for the R-3 zoning district.
Setbacks, lot coverage and building heights for the future single-family homes will be addressed when a building permit is requested.
Conclusion(s): The proposed preliminary plat complies with minimum requirements for lot size and density. The proposed preliminary plat complies with all applicable standards in chapter 19.70 SVMC (Density and Dimensions).
B. COMPLIANCE WITH TITLE 20 SVMC (SUBDIVISIONS REGULATIONS)
Findings:
a. SVMC 20.20.090. General Design
1. The design shape, size, and orientation of the lots shall be appropriate for the use intended and zoning and land use classification in the Comprehensive Plan of the area in which they are located.
Staff Analysis: The subject site is zoned R-3 Single-Family Residential. In the R-3 Zoning District lots can be subdivided to a minimum of 5,000 square feet per lot. The density of the R-3 Zone is eight dwelling units per acre. The proposed lot sizes range from 5,149 to 10,200. The
density of the proposal is 4.8 units per acre. The lot sizes meet the minimum requirement, and the proposal does not exceed the allowed density. The lots can accommodate the residential development proposed.
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2. Lot Arrangement
a. Side lot lines shall be generally perpendicular to public streets rights-of-way, but not more
than 20 degrees perpendicular, or radial to the right-of-way in the case of curvilinear streets or cul-de-sacs.
b. Corner Lots
1. The lot lines at the intersection of two public streets shall be located a minimum of two feet behind the back of curb.
2. 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 streetlights 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, etc.
c. Lot Dimensions.
1. Lot dimensions shall comply with the minimum standards established in Chapter 19.70 SVMC;
2. Flag lots are prohibited. Reverse flag lots providing access to alleys or amenities
located to the rear of the property are permitted.
d. Double Frontage Residential Lots.
1. 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;
2. 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;
3. 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.
Staff Analysis: Side lot lines are generally perpendicular and within 20 degrees of the right-of-way except for the radial lines in the 46th Avenue cul-de-sac. All lot lines at the corner of public
street intersections will be located at least two feet behind the back of the curb. The lot dimensions comply with chapter 19.70 SVMC and the proposal does not include flag lots or double frontage.
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3. 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.
a. Block Length. Block length shall comply with the adopted street standards.
b. Block and Lot Labeling. Blocks and lots shall be identified in sequential numerical order.
c. 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.
Staff Analysis: Pursuant to the Spokane Valley Street Standards (SVSS) 7.5.14(a), block length shall not exceed 600 feet unless unique characteristics that justify a longer length exist. Block lengths, except for the block with lots 13-26 abutting Locust Road, comply with adopted street standards. Existing development to the west of lots 13-26 prevents the
extension of 45th Avenue causing the block to exceed the 600 feet standard. The drawing does not identify blocks but does identify all lots in sequential number order. Blocks will be assigned prior to Final Plat submittal. The internal street system provides adequate access
into the neighborhood and connectivity internally.
SVSS 7.5.14(d) requires that residential development with greater than 30 single family dwelling units have a minimum of two street accesses to ensure adequate emergency access.
The development provides three accesses in the City (Locust to 44th, and 45th and 47th to Farr) and one access to the County (46th to Ponderosa Lane). The 2018 International Fire Code (IFC) Section 107.1 requires that developments of one-or two-family dwellings that exceed 30 units must have two access roads unless the units are equipped with an automatic sprinkler system. Although the project meets the access standard of a minimum of two access roads, the project is conditioned to require automatic sprinklers be installed in each unit. Fire District 8 recommended the installation of the automatic sprinklers and other conditions for fire safety. All conditions are included as recommended conditions of approval.
The design is adequate to handle the anticipated traffic and patterns. The streets will meet all requirements for public safety, drainage and adopted street standards.
4. Lots shall not be divided by the City boundary or public right-of-way, and shall not be divided by any zoning designation
Staff Analysis: All lots within the subdivision are zoned R-3 single family residential and located within the City limits. No lots will be divided by public ROW.
5. Every lot shall have direct access to a paved public street, private street, or an easement for a private driveway.
Staff Analysis: Every lot within the proposal will be accessed by a paved public street.
6. 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
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short subdivision, subdivision, or binding site plan consistent with applicable City-adopted standards.
Staff Analysis: The proposal includes public streets that will be required to be designed consistent with the SVSS. All streets will have full improvements including curb, gutter, sidewalk, and swales. Improvements shall be constructed prior to the recording of the final plat. Frontage improvements are also required to 44th Avenue. It will be improved with ½ width street improvements to include curb, gutter, sidewalk, and swales. An asphalt pedestrian pathway shall be constructed on the south side of 44th Avenue, from Farr Road to Woodruff Road. 45th Avenue will be widened from Farr Road to the east plat boundary if the existing pavement width is less than 28’.
7. Wastewater design shall be in compliance with all applicable City regulations and other jurisdictional agency regulations.
Staff Analysis: Wastewater will be in compliance with all applicable City regulations and other
jurisdictional agency regulations. The certificate of sewer availability, signed by Spokane County Wastewater Division on August 31, 2021, indicated that the developer would be responsible to design, fund, construct and provide financial surety for the necessary system to extend sewer
service.
8. Adequate public domestic water supply and/or fire protection shall be provided in compliance with all applicable City regulations and other jurisdictional agency regulations.
Staff Analysis: Domestic water supply will be provided by Spokane County Water District #3. A certificate of water availability was provided on February 22, 2022. The certificate of water availability is valid within 12 months of its issuance. The certificate is dated August 25, 2021. The Water District noted under separate cover that the District was operating on a limited supply of water rights. The January 11, 2023, letter indicated that the 81 lots were included in the number of available ERU’s reserved for active projects. However, the letter also indicated that connection to the water system was based on a “first come first served basis.” A current certificate of water availability must be submitted as a condition of subdivision approval to verify the system capacity to serve. Additional improvements required by the District, including extending the main, construction of the distribution on site and a booster station, were identified on the certificate. The site will be served by City of Spokane County Fire District #8.
9. All road designs shall comply with Chapter 22.130 SVMC and adopted street standards.
Staff Analysis: Street designs shall be conditioned to comply with Chapter 22.130 SVMC and adopted street standards.
10. Provisions for stormwater runoff shall comply with City regulations for stormwater management as set forth in Chapter 22.150 SVMC.
Staff Analysis: Stormwater management will comply with chapter 22.150 SVMC and the
Spokane Regional Stormwater Manual (SRSM).
11. 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.
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Staff Analysis: The application was routed to all utility purveyors. Comments have been incorporated into the conditions of approval as appropriate and the final plat map will show all
existing and proposed easements.
12. 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.
Staff Analysis: Appropriate easements shall be provided for existing and proposed utilities.
b. SVMC 20.20.100 (Findings), stipulates that prior to approving any subdivision, the Hearing Examiner shall determine and make written findings of fact that appropriate provisions are made for the following:
1. The public health, safety, and general welfare.
Finding: Prior to any development, permits will be required from Spokane Regional Health District, Spokane County Public Works Wastewater Systems Division, Spokane Regional Clean Air Agency, and City of Spokane Valley. The permits will require compliance with established regulations
designed to protect the public health, safety, and general welfare.
2. Open spaces.
Finding: The SVMC does not require open space for single-family development in the R-3 zone.
Front, rear, and side yard setbacks combined with maximum lot coverage requirements assure private open space for single-family lots within this subdivision.
3. Drainage ways.
Finding: All drainage will follow the adopted Spokane Regional Stormwater Manual for stormwater management. The street improvements will include a 7 or 10-foot-wide drainage swale adjacent to the public street. The civil plans and drainage calculations will be reviewed and approved by the City of Spokane Valley Development Engineering prior to any construction.
a. Street or roads, alleys, sidewalks, and other public ways.
Finding: The subdivision will be served by new and existing public streets. The site frontage along 44th Avenue will require street improvements consisting of 20 feet of asphalt width from the street centerline, a 2-foot-wide Type “B” curb and gutter, a 10-foot-wide roadside stormwater swale, and a 5-foot-wide concrete sidewalk. 44th, 45th, 46th, 47th and Locust Road will be constructed as local access streets and will include full improvements as described for 44th Avenue. The streets will be dedicated as public right-of-way and will include border easement dedications along the streets to accommodate
the swale and sidewalk improvements. The sidewalk will be constructed adjacent to the curb along the cul-de-sac and a swale will not be required where the sidewalk is adjacent.
The subdivision will have 4 access roads and meets the SVSS 7.5.14(d) as described in Section II.
B(a)(3).
b. Transit stops.
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Finding: Spokane Transit Authority (STA) determines the need for transit routes and stops. STA does not provide fixed route transit service to this area. The nearest bus stop is at University Road and 32nd
Avenues. Transit Route 97 serves the University Road and 32nd Avenue Intersection with a weekday frequency of every 30 minutes and an evening and weekend frequency of every 60 minutes.
c. Public potable water supplies.
Finding: Public water supplies are regulated by the Spokane Regional Health District and Spokane County Water District #3. A Certificate of Water Concurrency completed by Spokane County Water District #3 indicates water service will be provided by the construction of a water distribution system by the developer. On January 11, 2023, the Water District noted under separate cover that the Water District was operating on a limited supply of water rights. The letter indicated that the 81 lots were included in the number of available ERU’s reserved for active projects. However, the letter also indicated that connection to the water system was based on a “first come first served basis.” A valid and current certificate of water availability shall be submitted as a condition of subdivision approval
to verify the system’s capacity to serve.
d. Sanitary sewer.
Finding: Sanitary sewer is available for the proposal; the sanitary sewer system is coordinated and
provided by Spokane County Public Works. A Certificate of Sewer Availability from Spokane County Public Works states the sewer purveyor is capable of and will supply sewer service to the subdivision. The developer is required to design, fund, construct and provide financial surety for the necessary
systems to extend sewer service to the site and provide service connections.
e. Parks and recreation.
Findings: No new parks or recreation facilities are proposed as part of this subdivision. The City adopted a Level of Service (LOS) standard of 3.25 acres of park area per 1,000 residents in the 2019 Park and Recreation Master Plan. LOS are evaluated and implemented through the Capital Facilities Element of the Comprehensive Plan. The nearest park is Castle Park located northeast of the site approximately one (1) mile. The City also owns approximately 17 acres of land located 1.5 miles east of the site that is unimproved park property. The proposed subdivision will not impact the City’s LOS standard for parks as it is contemplated in the Comprehensive Plan Update in relation to population.
f. Playgrounds, schools, and school grounds.
Finding: The site is located within the Central Valley School District and lies within the service area
for Ponderosa Elementary School, Horizon Middle School, and University High School. Ponderosa Elementary School is located 0.6 miles northeast of the site. Horizon Middle School and University High School are located two miles northeast of the site. Central Valley School District was notified
of the subdivision and did not provide any comments.
g. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school.
Finding: Separated sidewalks will be required along all the public streets serving this subdivision. 44th Avenue and Woodruff Avenue have a 5’ wide asphalt pedestrian pathway. Both roads are a designated “Safe Route to School”.
h. Whether the public interest will be served by the subdivision.
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Findings: As conditioned herein, this subdivision is consistent with the applicable goals and policies of the City of Spokane Valley Comprehensive Plan. New single-family residential homes will provide
additional housing options to meet the needs of the community and forecast population.
i. The proposed subdivision is in conformity with all applicable development code provisions.
Findings: As proposed and conditioned, this subdivision meets all criteria set forth in the SVMC and
all other development code provisions.
j. Other requirements found to be necessary and appropriate, and for which written standards and policies have been adopted.
Findings: As proposed and conditioned, this subdivision meets all criteria set forth by other agencies with jurisdiction.
Conclusion(s):
The proposed subdivision as conditioned will promote health, safety, and general welfare, provide effective use of land, and will meet required level of service standards, in accordance with standards
established by the state, local agencies and the City. The proposed preliminary subdivision conforms to applicable standards of the SVMC and all other development code provisions. The application is consistent with the zoning standards and is subject to the implementation of applicable conditions of approval.
C. COMPLIANCE WITH TITLE 21 SVMC (ENVIRONMENTAL CONTROLS)
Findings:
a. SVMC 21.20 – State Environmental Policy Act
Pursuant to chapter 21.20 SVMC- State Environmental Policy Act, the lead agency has determined that this proposal does not have a probable significant adverse impact on the environment if addressed through appropriate mitigation conditions. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). The city issued a preliminary Mitigated Determination of Non-Significance (MDNS, Exhibit 10) pursuant to WAC 197-11-340(2) on July 7, 2023, and a final MDNS on August 4, 2023.
Fire Protection District 8 provided comments on December 13, 2022, that included specific requirements from Spokane County Fire Protection District No. 8 Resolution #21-07 to reduce wildfire risks. The site is located within the wildland urban interface (WUI) area as mapped by the Washington State Department of Natural Resources.
City of Spokane Valley Development Engineering provided typical comments associated with the plat, but also required a 5-foot-wide asphalt pathway to be constructed along the south side of 44th Avenue from Farr Road to Woodruff Road to be consistent with the adjacent project located outside of the City boundaries in the County. The following mitigation measures were identified
in the MDNS:
1. Automatic residential sprinkler systems shall be installed in all new homes per the International Residential Code (IRC);
2. A minimum of a 30-foot green space shall be constructed around all new homes to buffer from threat of fire; 3. All buildings and structures shall be constructed in accordance with the Wildland-Urban
Interface code Class 3 Ignition-Resistant construction; and
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4. A 5-foot-wide asphalt pedestrian pathway shall be constructed on the south side of 44th Avenue from Farr Road to Woodruff Road. The pathway shall be consistent with the
following: a. The pathway shall be offset at least 5 feet from the existing asphalt edge on 44th Avenue where possible, subject to accommodation of drainage and construction of the pathway within the existing right-of-way. b. Where the pathway is adjacent to the existing edge of pavement, the pathway shall have a 4-inch-deep thickened edge. The elevation of the north edge of the pathway when adjacent to the existing edge of pavement shall be constructed level with the edge of the existing asphalt and shall slope to the south at a 2% down gradient. c. Where the pathway is located 2 feet or closer to the existing edge of pavement, City approved plastic delineators shall be installed spaced at 25 feet on center starting 50 feet prior to the 2-foot offset and extending 50 feet past the 2-foot offset.
The decision to issue the MDNS was made after review of a completed environmental checklist, the application of Titles 19, 20, 21, and 22 SVMC, and comments from affected agencies and the public. The appeal period for the MDNS ended on August 18, 2023.
The MDNS was appealed on August 15, 2023, by the Ponderosa Neighborhood Association (File No. APP-2023-0006). A motion to dismiss APP-2023-0006 was filed by the Law Office of Michael J. Murphy, on behalf of the applicant, on November 6th, 2023. On November 27, 2023,
the hearing examiner granted the motion to dismiss the SEPA appeal. See Exhibit 12. The MDNS issued on August 4, 2023, stands in effect.
b. SVMC 21.30 – Floodplain Regulations or other as applicable
Pursuant to chapter 21.30 SVMC the subject property is located within a designated area of minimal Flood Hazard – Zone X per Community Panel No. 53063C0732D of the Federal Insurance Rate Maps for City of Spokane Valley, effective July 6, 2010. The area is outside the Special Flood Hazard Area and higher than the elevation of the 0.2 percent-chance flood. No further review is required.
SVMC 21.40 – Critical Areas
Critical areas maps identify Rocky Mountain Elk areas and steep slopes 30% or greater present on the site. Pursuant to chapter 21.40.014 SVMC a critical area report was required to determine if the proposed project adequately addresses and mitigates impacts to the critical areas. A Critical Areas Report dated July 12, 2022, was prepared by Biology Soil & Water Inc., (BSW) (see Exhibit 13). The report was initially prepared for the Ponderosa Ridge Planned Unit Development and
updated for the Ponderosa Ridge East Subdivision. BSW evaluated the habitat and species data from Federal, State, and Local jurisdictions, construction plans and specifications for the project, and performed a field evaluation. BSW determined that the project will block wildlife access to
the Ponderosa Ridge East site from the west. The Ponderosa East site will be surrounded by residential development. White tailed deer live within a well-defined home range with an area of about one square mile. The development will eliminate part of the home range of deer living in the vicinity. Resident deer will adjust their home range boundary to rely more on adjacent forested land to the south and west that is outside of the Urban Growth Boundary. The remaining fragments of habitat within the development will still be accessible by birds.
A Homeowners Association is required for the perpetual operation and maintenance of the tracts included in the plat. Habitat management elements are recommended to be included in the Declaration of Protective Covenants that provide for the retention of native vegetation, noxious
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weed management, and restraining household pets to protect resident wildlife (Exhibit 13, Section 6.0 Habitat Management Plan, Page 15 -17). This is included in the recommended conditions of
approval.
The Marble soil series, mapped by the Natural Resource Conservation Service (NRCS) Web Soil Survey, scattered throughout the site are loamy sand in the upper 8 inches underlain by sand to bedrock at 80 inches. The soils are well drained. A concept Storm Drainage Report was required by Development Engineering after review of the initial application. The report was submitted on January 6, 2023, and accepted by Development Engineering on January 31, 2023. A Geotechnical Evaluation Report consistent with SVMC 21.40.050, SVSS Chapter 8, and SRMS Chapters 4 and 7, is required to demonstrate that proposed infiltration areas have adequate vertical separation to any limiting or restrictive layers.
c. SVMC 21.50 – Shoreline Regulations
The site was reviewed for shorelands, shorelines, and waters that fall under the jurisdiction of
Chapter 90.58 RCW. Pursuant to chapter 21.50 SVMC the site does not include any shorelands, shorelines, or waters that fall under the jurisdiction of Chapter 90.58 RCW.
Conclusion(s):
The proposed subdivision as conditioned is consistent with and complies with the requirements of Title 21 SVMC. The relevant procedural and substantive requirements of Title 21 Environmental Controls have been met. The procedural requirements of the State Environmental Policy Act (SEPA) have been fulfilled
by the applicant’s submittal of the required SEPA Checklist and the issuance of the City’s threshold determination consisting of a Mitigated Determination of Non-Significance (MDNS).
COMPLIANCE WITH CHAPTER 22.20 SVMC (CONCURRENCY)
Findings:
Chapter 22.20 SVMC (Concurrency) requires a finding of concurrency for the project. A finding of concurrency requires that adequate facilities are available when the service demands of development occur, in the case of transportation “concurrent with development” means that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements within six years. The cumulative impact of development should be considered when making this determination. If adequate facilities cannot be made available to maintain the adopted level of service (LOS), the project application shall be denied.
SVMC 22.20.010 states that concurrency must be evaluated for transportation, water, and sewer.
1. A Traffic Impact Analysis (TIA) was submitted by Whipple Consulting Engineers, Inc on February 22, 2022. Following a review of the TIA with revisions required, the TIA was accepted
by the Spokane Valley Senior Traffic Engineer on July 7, 2023. The final TIA dated May 2023 is attached as Exhibit 16. The TIA considered the existing level of service (LOS) and impacts to the LOS from the additional traffic generated from the project. The TIA also considered the
City’s request to include an evacuation plan for the Ponderosa Neighborhood. It was concluded that the LOS standard would be met, and that an Evacuation Plan has been contemplated in the Spokane County All Hazards Evacuation Plan that includes the Ponderosa neighborhood. The TIA recommended that the project be allowed to move forward without further traffic analysis or offsite mitigation.
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A Certificate of Transportation Concurrency was issued by Spokane Valley Traffic Engineering Manager on March 14, 2024. The Certificate states sufficient roadway capacity exists or is
programmed to exist with future road improvements on the City street system to accommodate the 80 net new trips generated by the development.
2. A Certificate of Water Availability from Spokane County Water District #3 dated August 25, 2021, indicates that water service could be provided as of “todays date”. The certificate of water availability is valid within 12 months of its issuance. The Water District noted under separate cover that the Water District was operating on a limited supply of water rights. The January 11, 2023, letter indicated that the 81 lots were included in the number of available ERU’s reserved for active projects and therefore service could be provided. However, the letter also indicated that connection to the water system was based on a “first come first served basis.” An updated valid and current certificate of water availability must be submitted as a condition of subdivision approval that confirms the system’s capacity to serve. Additional improvements to be
constructed or paid for by the developer, including extending the main, construction of the distribution on site and a booster station, were also identified on the certificate.
3. A Certificate of Sewer Availability from Spokane County Public Works dated August 31, 2021,
states that Spokane County Environmental Services Department is capable of and will supply sewer service to the subdivision. 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.
Conclusion(s):
The proposal complies or will comply with the requirements of chapter 22.20 SVMC (concurrency) pertaining to transportation, water, and sewer concurrency. Section VIII includes conditions of approval that will ensure compliance with this section.
D. COMPLIANCE WITH THE CITY OF SPOKANE VALLEY COMPREHENSIVE PLAN:
Findings:
The Single Family Residential (SFR) Comprehensive Plan designation addresses a range of residential densities from one dwelling unit per acre up to and including ten dwelling units per acre. The R-1, R-2, R-3, and R-4 zoning districts of the SVMC are intended to implement the SFR designation. The following comprehensive plan policies are relevant to this action:
a. Policy LU-G1 of the Comprehensive Plan seeks to maintain and enhance the character and quality of life in Spokane Valley.
The Ponderosa neighborhood consists of single-family homes on approximately .25 - 1.0 acre lots.
Homes were generally built in the 1970’s and 1980’s. Lots in older areas of the Ponderosa neighborhood are often 1.5 to 2 acres in size. Homes in these areas were constructed in the 1960’s or later. The neighborhood originally developed at a density of one dwelling unit per acre.
However, pockets of land within the neighborhood, including the project site, are zoned at a higher density. The project site was zoned UR-7 prior to the City’s incorporation in 2003, which allowed a density of 7 units per acre. Properties west of the city boundaries within unincorporated urban growth area are also zoned at a similar density. The proposed single-family dwellings will maintain the residential character of the neighborhood and are permitted in the R-3 zone. The
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proposed development is consistent with the City’s residential development standards and existing single-family development in the area.
b. Policy LU-P8 seeks to ensure that neighborhoods are served by safe and convenient motorized and non-motorized transportation routes. Policy T-P6 seeks to work collaboratively with developers to ensure that areas experiencing new development are well served by motorized and non-motorized transportation options. Policy T-P9 seeks to provide and maintain quality street, sidewalk, and shared-use path surfaces that provide a safe environment for all users.
Street improvements will be required as part of the proposed subdivision. Improvements on the streets will include a paved street surface, curbs, gutters, sidewalks, and stormwater treatment swales. Development Engineering has conditioned the proposed development to meet applicable community standards.
c. Policy LU-P14 encourages a variety of housing be enabled.
The varying lot sizes will reduce the cost of the land and allow for more single-family housing
opportunities to be constructed in an area that is developed with large lots.
d. Goal NR-G2 seeks to protect the Spokane Valley-Rathdrum Prairie sole source aquifer from contamination and maintain high quality groundwater.
A stormwater system will be designed to ensure correct treatment of stormwater along the new roadways. Development engineering has conditioned the proposed development to meet the design standards contained in the SRSM and SVSS.
e. Policy CF-P10 requires new development to connect to public sewer and water.
The proposed subdivision is required to connect to public water and sewer. Both utilities have indicated they are capable of and will serve the development. The project is conditioned to provide
an updated water availability certificate to verify water is available.
f. Policy CF-P3 seeks to coordinate the construction of public infrastructure with private development to minimize costs. Policy CF-P4 requires adequate emergency vehicle road access and water supply/pressure for new development within the City.
The interior public streets will be designed and constructed consistent with the SVSS. The Spokane County Fire Department District #8 and Spokane County Water District #3 have reviewed the proposal. Requirements and comments from their review have been included as conditions of approval and noted in this report.
Conclusions:
The subdivision meets the intent set forth in the City Comprehensive Plan for the single-family residential land use designation and other applicable goals and policies.
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V. FINDINGS AND CONCLUSIONS SPECIFIC TO PUBLIC COMMENTS
Findings:
A Notice of Application (NOA) was sent to adjacent property owners and published in the newspaper on November 18, 2022. Notice of Public Hearing (NOPH) was published March 8 and 15, 2024, posted on the site on March 8, 2024, and mailed to residents within a 400-foot radius on March 8, 2024. The City received 43 comments on the proposed subdivision in response to the NOA. The public comments mainly focused on concerns related to pedestrian safety on 44th Avenue, lack of adequate access roads, and impacts to roads and schools. Another item consistently mentioned was a request that an Environmental Impact Statement be required. The comments have been included as Exhibit 17 of this report. A summary of the general concerns and staff response is presented below. Additional comments are anticipated in response to the NOPH and will be provided to the hearing examiner at the Public Hearing.
Concern: Pedestrian Safety on 44th Avenue - Children walking to school as well as other pedestrians walking along 44th have unsafe walking conditions. The road shoulders are poorly maintained, and traffic
speeds are in excess of the speed limit which contributes to the unsafe pedestrian conditions.
Discussion: The applicant is required to construct a 5-foot-wide asphalt pedestrian pathway on the south side of 44th Avenue from Farr Road to Woodruff Road. All internal roads within the development will
have sidewalks.
Concern: Lack of adequate access roads for emergency evacuation during wildfire events - Emergency evacuation occurred during past fire storm events. The congestion and chaos made it difficult
for emergency vehicles to get into the area and created unsafe delays for families attempting to evacuate. The two existing roads are inadequate.
Discussion: The City of Spokane Valley has not adopted evacuation and emergency response standards. Chapter 22.40 SVMC Evacuation and Emergency Response Standards reserves the chapter for future content. The Spokane County Comprehensive Emergency Management Plan (Plan) establishes the approach to respond to and manage emergencies including wildfire events and evacuations. The Plan applies to emergency management activities coordinated by Spokane County Emergency Management (SCEM) and covers the municipalities within the County and unincorporated Spokane County. The responsibility to plan for emergency evacuation of the Ponderosa Neighborhood in the event of a wildfire incident lies with SCEM. The historical 1991 and 2008 fires, as well as others, were specifically contemplated in the Plan and informed the evacuation procedures established by the Plan. Should a wildfire event occur evacuation shall be directed by the designated bodies within the SCEM, and the appropriate routes determined based on conditions present.
The City routed the proposal to agencies with jurisdiction, including Fire Protection District 8. District 8
provided standard comments regarding fire hydrants, fire flow, road names, road standards and addressing. The comments specifically acknowledged Resolution #21-07 from Fire Protection District 8 and required residential sprinklers in each home, a 30-foot minimum green space surrounding the homes to buffer the
threat of fire, and that structures be constructed consistent with Wildland-Urban Interface Code (WUIC) Class 3 Ignition-Resistant construction. The WUIC establishes requirements for land use and the built environment using prescriptive and performance provisions to minimize the risk to life and property from wildfire in areas where development and natural vegetation are intermixed. Minimizing the risk from a wildfire to the built environment reduces the chances of an evacuation.
Concern: Impacts to roads – The roads are already congested, and adding additional traffic will only
make the problem worse.
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Discussion: A Traffic Impact Analysis was completed for the project that included a review of Ponderosa Ridge East and the Spokane County Project (Ponderosa Ridge Phase II), a 49 single family residential lot
subdivision, recently approved by the Spokane County Hearing Examiner. The TIA determined that an evacuation plan was not required as evacuations were contemplated in the Spokane County All Hazards Evacuation Plan, and that even with the additional 95 AM peak hour trips, and 128 PM peak hour trips,
the roads would continue to meet the LOS D standard adopted by the City of Spokane Valley.
Concern: Impacts on Schools - The schools are overcrowded and not equipped to handle the additional population.
Discussion: Central Valley School District #356 (CVSD) was notified of the project and provided no response. CVSD is responsible for accommodating the student needs in the area and has various means to plan for and accommodate student population increases associated with urban growth. CVSD is aware of the number of households proposed and is responsible for incorporating them into their planning capacity analysis.
Concern: Gated Emergency Access Road – The 12’ wide vehicle access road does not satisfy the requirements for a road to serve the neighborhood, nor does it meet road standards.
Discussion: The emergency access at Sands is only intended for the Fire Districts to enter the
neighborhood. It is not intended to be construed as a public road, nor required to meet any standards other than those acceptable to the Fire Districts. Fire District 8 adopted Resolution No. 21-07 (see Exhibit 18) which recommended to the City of Spokane Valley that development in the Ponderosa Neighborhood only
be allowed if the following requirements are met: Automatic residential sprinklers systems be installed in new homes; a minimum of 30 foot green space be constructed around the entire development of homes to buffer the threat of wildland fire; and Buildings be constructed in accordance with the WUIC Class 3 Ignition-Resistant construction. The resolution made no mention of an additional access road as a requirement. Fire Protection District 8 has made no further comment on the existing railroad access as it relates to this project.
Concern: EIS required
Previous court action required an Environmental Impact Statement be prepared based on the lack of community egress. The City should not withdraw the DS previously issued. This project is not materially different from the original proposal and to proceed without the EIS is against Washington State Law.
Discussion: The Ponderosa Neighborhood Association (PNA) appealed the City’s Mitigated
Determination of Non-Significance (MDNS) on August 15, 2023 (File No. APP-2023-0006). A motion to dismiss APP-2023-0006 was filed by the Law Office of Michael J. Murphy, on behalf of the applicant, on November 6th, 2023. On November 27, 2023, the hearing examiner granted the motion to dismiss the
SEPA appeal. The hearing examiner noted that subsequent actions by County and local jurisdictions after the 2010 Court of Appeals decision in Lancze G Douglass, Inc. v. City of Spokane Valley, 154 W. App. 408 (2010), rendered an EIS unnecessary.
Findings: Notice of Application for the proposed subdivision was provided pursuant to SVMC 17.80.110 and the Notice of Public Hearing was provided pursuant to SVMC 17.80.020.
The Traffic Engineering Manager and Development Engineering Manager have both reviewed the traffic
impacts and street requirements and have provided conditions of approval that must be completed to final plat approval.
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Spokane County Fire District 8 has reviewed the proposal and provided conditions of approval to minimize fire hazard risk that are to be implemented as dwellings are constructed.
The hearing examiner contemplated the 2010 Court of Appeals decision and determined that subsequent actions by the County and local jurisdictions make an EIS unnecessary. (See Exhibit 12).
Conclusion(s): Adequate public noticing was conducted for SUB-2022-0002 in accordance with SVMC 17.80.110. All comments have been considered and addressed where appropriate, and the public will have further opportunity to comment at the public hearing.
VI. FINDINGS AND CONCLUSIONS SPECIFIC TO AGENCY COMMENTS
Findings: The Notice of Application was routed to jurisdictional agencies, utilities, and public districts for review and comments. Agency comments are attached in Exhibit 19 to this staff report and recommendation. The following agencies submitted written comments for the proposal:
Agency Received Comments Date Received
City of Spokane Valley Development Engineering Yes January 31, 2023
City of Spokane Valley Traffic Engineering Manager Yes March 14, 2024 City of Spokane Valley Parks & Recreation Dept. No
City of Spokane Valley Police Dept. Yes November 21, 2022
Spokane County Fire District 8 Yes December 13, 2022
Spokane County Public Works – Wastewater Systems yes February 29, 2024
Spokane Regional Health District Yes December 19, 2022
Spokane County Water District #3 Yes December 7, 2022 and January 11, 2023
Lumen No
Avista Utilities Yes December 9, 2022 Spokane Regional Clean Air Agency No Spokane Transit Authority Yes December 19, 2022 Comcast No
Central Valley School District No
Washington State Dept. of Ecology (Olympia) Yes December 15, 2022
Dept. of Archaeology & Historic Preservation Yes November 18, 2022
Spokane Tribe of Indians Yes November 21, 2022
Conoco Phillips Yes November 28, 2022
Washington State Department of Fish and Wildlife No
Conclusion(s): These agencies have identified improvements and recommended conditions of approval for conformity to
applicable standards and regulations for the physical development of the site. Agency comments have been incorporated as recommended conditions of approval where appropriate. VII. OVERALL CONCLUSION SUB-2022-0002 is generally consistent or can be made consistent through the application of conditions of approval with Title 19 SVMC - Zoning Regulations; Title 20 SVMC - Subdivisions Regulations; Title 21 SVMC – Environmental Controls; chapter 22.20 SVMC – Concurrency, the Spokane Valley Street
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Standards, the Spokane Regional Stormwater Guidelines; and the Spokane Regional Health District regulations.
VIII. STAFF RECOMMENDATION The Planning Division, after review and consideration of the submitted application and applicable approval criteria recommends that the Hearing Examiner approve SUB-2022-0002 subject to compliance with the conditions of approval specified herein. The following general conditions apply to the approval of SUB-2022-0002:
SPOKANE VALLEY PLANNING DIVISION:
1. The approved preliminary plat shall have a maximum of 81 residential lots unless a preliminary plat alteration is approved pursuant to chapter 20.50 SVMC (Subdivision Alterations).
2. Alterations to the approved preliminary plat may be approved pursuant to chapter 20.50 SVMC
(Subdivision Alterations) as currently adopted or hereafter amended. 3. Changes or modifications that result from the design and engineering permit and construction process may be allowed without requiring an alteration of the preliminary plat. These changes and modifications include: a. Engineering design that does not alter or eliminate features specifically required as a condition of preliminary plat approval; 2. Changes in lot dimensions that are consistent with the underlying zone, no increase in the number of lots occurs, and no public or private right-of-way is decreased in width; or 3. A decrease in the number of lots to be created so long as the minimum lot size and density of the underlying zone is maintained. 4. In the event a modification occurs under this section, the modification shall be provided
on the final plat prior to final plat approval.
4. Pursuant to SVMC 20.20.050 (Prohibition against sale, lease, or transfer of property) any sale, lease, or transfer of any lot or parcel created pursuant to the SVMC that does not conform to the
requirements of the preliminary plat approval or that occurs without approval, shall be considered a violation of Chapter 58.17 RCW, and shall be restrained by injunctive action and shall be illegal, as provided in chapter 58.17 RCW. Each sale, lease, or transfer of each separate lot or parcel of land
in violation of any provision of this ordinance shall be deemed a separate and distinct offense.
5. SVMC 20.20.080 (Professional Land Surveyor) requires the preparation of all preliminary and final subdivisions 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 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).
6. Pursuant to SVMC 20.30.050 (Expiration of Preliminary Approval), stipulates that preliminary plat approval automatically expires five (5) 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 preliminary plat is null and void.
7. Pursuant to SVMC 20.30.060 (Extensions of Time) an application form and supporting data for time
extension requests must be submitted to the Economic Development Department at least thirty (30) calendar days prior to the expiration of the preliminary plat approval.
8. A valid, and current certificate of water availability that confirms the capacity of the system to serve the development shall be provided by the applicant to the City prior to any further development
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related decisions to be issued by the City including but not limited to land use permits, grading permits, construction permits, etc.
9. The final plat shall contain the following dedication language:
a. Automatic residential sprinkler systems shall be installed in all new homes per the International Residential Code (IRC); b. A minimum of a 30-foot green space shall be constructed and maintained around all new homes to buffer from threat of fire; and c. All buildings and structures shall be constructed in accordance with the Wildland-Urban Interface code Class 3 Ignition-Resistant construction.
10. A final subdivision application that complies with all submittal requirements specified in chapter 20.40 SVMC shall be submitted for review and approval.
11. Pursuant to SVMC 20.40.030 (Filing Short Plat, Plat, or Binding Site Plan) the City of Spokane Valley shall record with the Spokane County Auditor’s Office the final plat, upon receipt of all
required signatures on the face of the plat.
12. Pursuant to SVMC 20.80.040 (Recordation), all fees for recording shall be paid by the applicant prior to recording.
13. An Inadvertent Discover Plan (IDP) shall be required prior to any grading activity. The IDP shall be provided to the City by a qualified professional; or the applicant may choose to utilize the template provided by the City of Spokane Valley Planning Division. The IDP shall be kept onsite
during all land disturbance activity.
14. The Homeowners Association Declaration of Protective Covenants shall contain the recommended Habitat Management Plan actions found in Section 6.0 of the Habitat Management Plan, on pages
15 through 17 of the Critical Areas Report.
15. Addresses have been assigned for use in the subdivision. See Exhibit 20. The address shall be designated on the final plat consistent with Exhibit 20 unless otherwise approved by the City.
SPOKANE VALLEY DEVELOPMENT ENGINEERING DIVISION:
1. 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 SVSS or as amended, the 2008 SRSM or as amended, the SVMC and all other federal, state, and local regulations, as applicable.
2. Review of civil plans and supporting documents cannot proceed until a preliminary plat decision has been issued and an application for a Land Disturbance permit has been received. All documents (plans, reports, etc) shall be submitted through the Building Department Permit Center
located at 10210 E. Sprague Avenue.
3. A Geotechnical Evaluation and documentation are required that meets the requirements of SVMC 21.40.050, Street Standards Chapter 8, and SRSM Chapters 4 and 7. The evaluation and
documentation shall be included with the first submittal of the civil plans. The evaluation shall demonstrate that all proposed infiltration areas have adequate vertical separation to any limiting or restrictive layers per SRSM 7.5.2. It is recommended that the evaluation also consider the feasibility
of basements.
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4. 44th Avenue is designated as a Collector Arterial Street and frontage improvements are required per SVSS Chapter 2 and are described below. Existing utilities shall be relocated to 2’ behind the
sidewalk. a. 20’ of asphalt width from street centerline to edge of gutter. b. 2’ wide Type ‘B’ curb and gutter per SVSS Std. Plan R-102. c. 10’ wide roadside swale per SVSS Std. Plan S-130. The applicant shall install seed/grass in the roadside swale and maintain the swale. d. 5’ wide concrete sidewalk per SVSS Std. Plan R-103 and transition into the existing improvements east and west of the project. e. Additional improvements may be required based on the results and review of the Traffic Impact Analysis. f. A pavement taper per MUTCD standards shall be installed from the east end of the new improvements to the existing edge of pavement to the east. The existing 5’ wide asphalt
pedestrian pathway shall be modified to accommodate the pavement taper. 5. The following determines the right-of-way and border easement dedications for a Collector Arterial
Street per SVSS Std. Plan R-122. All information is estimated from the Spokane County Assessor’s Office. The project applicant is responsible for verifying all values listed below. a. Existing half ROW width is 30’.
b. Required half ROW width is 24’. i. ROW dedication is not required. c. A Border Easement is required and shall extend from the ROW to the back of sidewalk. i. 7’ wide Border Easement dedication required. 1. Note: building setbacks begin at the edge of border easement. 6. The applicant shall construct a 5-foot-wide asphalt pedestrian pathway on the south side of 44th Avenue from Farr Road to Woodruff Road. a. The pathway shall be offset at least 5 feet from the existing asphalt edge on 44th Avenue where possible, subject to accommodation of drainage and construction of the pathway within the existing right-of-way.
b. Where the pathway is adjacent to the existing edge of pavement, the pathway shall have a 4-inch-deep thickened edge. The elevation of the north edge of the pathway when adjacent to the existing edge of pavement shall be constructed level with the edge of the existing asphalt and shall slope to the south at a 2% down gradient. c. Where the pathway is located 2 feet or closer to the existing edge of pavement, City approved plastic delineators shall be installed spaced at 25 feet on center starting 50 feet prior to the 2-
foot offset and extending 50 feet past the 2-foot offset.
7. The internal streets, including 47th Avenue shall be designated and designed as local access public streets per Typical Street Section R-120 with 30’ of pavement, 7’ planter strips, and 5’ separated sidewalk on both sides of the streets. The ‘Typical Road Section D’ with a pavement width of 24’ on Preliminary Plat Details Sheet PP4 does not meet the minimum requirements and will not be permitted. Where adjacent sidewalks are provided, the sidewalk width shall be 6’ and the ROW width shall extend to 2’ behind the back of sidewalk. The public turnaround for 46th Avenue shall be designed per SVSS Std. Plan R130. Any right-of-way and/or border easement dedications shall be designated on the final plat language and map. Where streets end at the plat boundary, the right-of-way and border easements shall continue to the plat boundary.
8. Pursuant to Sections 2.3.1, pavement widening shall be installed along 45th Avenue from Farr Road
to the east plat boundary if the existing pavement width is less than 28’.
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9. The maximum allowable street grade is 8% per SVSS Table 7.3 and all street intersections shall be designed per SVSS Table 7.4 with a 2% maximum downgrade and a 4% maximum upgrade. Vertical
curves shall be used to transition from the maximum allowable street grade of 8% to the maximum allowable downgrade of 2% and upgrade of 4% per SVSS Table 7.3. A continuous grade of 10% for Locust Road, as shown on Preliminary Plat Plan & Profile Sheet PP5, does not comply with SVSS Table 7.3 or Table 7.4; therefore, cannot be permitted.
10. The new average daily traffic (ADT) for 45th Avenue within the plat boundary is expected to be less than 200 daily trips; however, the future 45th Avenue extension to the east will result in an ADT exceeding 200 daily trips, which requires a horizontal centerline curve of 350 feet per SVSS Table 7.3.
11. Pursuant to Spokane Valley Municipal Code (SVMC) Chapter 22.130, for projects where the sum of the import and export of material is 10,000 or more cubic yards, a traffic and haul plan shall be required and included with the civil design. All hauling activity shall abide by RCW 46.61.655.
12. A sight distance analysis shall be prepared for Lots 1, 3, 12, 13, 26, 28, 47, 48, 64, 65, 82 and street intersections per SVSS 7.6.5 with the sight distance triangles shown on the civil plans. The areas within the sight distance triangles shall be free of any sight-obstructing objects including buildings,
parked vehicles, signs, fences and landscaping.
13. In accordance with SVMC 22.50.020, all residential driveways shall be paved. Private driveways shall conform to SVSS Section 7.3.4.
14. 44th Avenue is a Collector. Project parcel shall take access from the street by means of a single access only. Lot 26 shall take access from Locust Road.
15. Driveway approach design shall follow the 2009 SVSS, or as amended. If an existing approach is to be altered or abandoned then the unused portion of the original approach shall be removed and replaced with curb, gutter and sidewalk matching that which is adjacent.
16. All stormwater facilities are to be designed per the SRSM. Linear roadside facilities such as swales shall be located within the right of way and/or border easements when adjacent to public streets or within a tract or easement when adjacent to a private street or driveway serving more than one lot. Non-roadside facilities such as ponds (especially consolidated ponds, which are those receiving runoff from more than one lot) shall be within a tract (see SRSM 11.2).
17. If drywells are proposed that do not receive stormwater from public facilities and they are in Garrison
or Springdale soils, the 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 cover of the plans:
a. Per Spokane Regional Stormwater Manual methods, a qualified licensed engineer shall evaluate, classify and document the soils in the excavated drywell infiltration zone prior to installation of the filter fabric, drainage rock or drywell barrel and shall determine if the soil’s
conditions will be suitable and capable of infiltrating storm water at the design flow rate. Engineer shall submit a copy of the documentation detailing the observations, the conclusions and the basis for the conclusions to the City of Spokane Valley Development Engineering. If the engineer determines that the soils do not meet the design’s requirements or that a condition exists preventing the drywell from functioning as designed, the design engineer shall be
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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.
18. A Homeowners Association (HOA) is required for the perpetual operation and maintenance of the on-site drainage tracts. A draft copy of the CC&Rs for the HOA shall be submitted with the drainage submittal.
19. An Operations and Maintenance Manual, per SRSM Chapter 11 shall be submitted with the initial submittal of final design plans for the street and/or stormwater systems.
20. For the General Construction Notes use those in the SVSS Appendix 4A rather than those in the SRSM Appendix 3B.
21. Show all utilities and utility easements (i.e. Telephone, power, etc.). The permittee is responsible for arranging all utility adjustments, improvements, or relocations as required for completion of the project. All rigid objects shall be located outside of the clear zone. The clear zone requirements can be found in the 2009 SVSS, or as amended. The permittee shall contact every utility purveyor impacted
by the project and conduct the following: a. Discuss with the purveyor the proposed work including private services, utility improvements, and any relocations and adjustments as well as the costs for these activities,
b. When utility relocations are required, obtain from the purveyor a written statement that they acknowledge and concur with or have alternatives for the needed work; and c. Forward a copy of the statement to Spokane Valley Development Engineering. Receipt of
statements will be required prior to plan approval.
22. If sewer and/or water needs to be brought to the properties and to do this requires an Engineering design, copies of the draft sewer and water plans shall be submitted to Development Engineering. The civil plans for the project shall show the extents of pavement removal and replacement.
23. All new dry wells and other injection wells shall 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: https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Undergroundinjection-control-program/Register-UIC-wells-online for registration forms and further information. COSV will be requiring as part of the Project Certification
Package documentation of either DOE’s Rule Authorization approval of the UIC registration or documentation that the UIC registration was submitted 60 days prior to the submittal of the COSV project certification package for all projects with UIC’s that receive Public stormwater runoff.
24. A Construction Stormwater Permit shall be obtained from the Department of Ecology if both a and b of the following two conditions apply:
a. Construction project disturbs one or more acres of land (area is the cumulative acreage of the
entire project whether in a single or in a multiphase project), and, b. If there is a possibility that stormwater could run off the site during construction and into surface waters or into conveyance systems leading to surface waters of the state. c. Construction site operators shall apply for a permit 60 days prior to discharging stormwater. More information can be obtained from https://ecology.wa.gov/Regulations-Permits/Permits-certifications/Stormwater-generalpermits/Construction-stormwater-permit.
Construction
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25. A pre-construction conference with Development Engineering is required prior to the start of construction. During this meeting, standards and submittal requirements for the Construction
Certification will be given to the project engineer/inspector.
26. For construction affecting public right-of-way, forty-eight (48) hours prior to construction securely post a sign at each ingress to the project area. The sign(s) shall be clearly visible from the right-of-way and provide project construction details. See SVSS Section 9.7.
27. Permits are required for any access to or work within the right-of-way of the Spokane Valley roadway system. A traffic control plan shall accompany the right-of-way obstruction permit.
28. NOTICE – The Regional Pavement Cut Policy may prevent or limit pavement cuts in the adjacent street(s). There is a three-year moratorium on pavement cuts for newly paved streets. Please contact the City right-of-way inspector 720-5025 for further information.
29. The TESC structures (such as filter fence, silt ponds, silt traps) shall be installed prior to the start of site work and maintained throughout the duration of construction and until the site has stabilized.
30. All survey monuments shall be protected during construction. Any disturbed or damaged monuments shall be replaced prior to certification / final plat and/or release of surety.
31. 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 Senior Development Engineer or by his staff.
32. 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 Final Plat approval according to SVSS Chapter 9.
33. All public improvements shall provide a Performance/Warranty Surety per SVSS Chapter 9. The City accepts Letters of Credit, Cash Savings Assignments, and Bonds for Warranty Sureties. Bonds are not accepted for Performance Sureties.
Final Plat
34. Right-of-way dedication and border easements shall be designated on the final plat map.
35. The Homeowner Association’s UBI number shall be referenced on the face of the Final Plat.
36. Plat language will be determined at the time of final plat submittal. Contact Development Engineering after civil plan approval and/or prior to first submittal of final plat to obtain plat language.
SPOKANE COUNTY PUBLIC WORKS DEPARTMENT -WASTEWATER SYSTEMS DIVISION:
1. The dedication shall state: "Public sewers and/or sewer stubs 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. All existing uses, not currently connected to the sanitary sewer system, are required to be connected."
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2. The dedication shall state: "Individual lots shall be subject to payment of current applicable sewer connection charges prior to the issuance of a sewer connection permit."
3. As per the development regulations/zoning code of the governing authority as amended, security shall be deposited with the Spokane County Public Works Wastewater System Division for the construction of the public sewer connection and facilities and for the prescribed warranty period. Security shall be in a form acceptable to the Spokane County Public Works Wastewater System Division and in accordance with the Spokane County Sanitary Sewer Ordinance.
4. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended.
5. As per the development regulations/zoning code of the governing authority as amended, a wet (live) sewer connection to the area-wide Public Sewer System is to be constructed. All existing uses not currently connected to the sanitary sewer system are required to be connected.
6. Sewer plans acceptable to the Spokane County Public Works Wastewater System Division shall be
submitted prior to the finalization of the project. Plans may be submitted electronically.
a. Upon review of sewer plans by Wastewater, additional plat comments and easement requirements may apply.
SPOKANE REGIONAL HEALTH DISTRICT:
1. The final plat shall be designed as indicated on the preliminary plat of record and/or any attached sheets as noted.
2. Appropriate utility easements shall be indicated on copies of the preliminary plat of record for distribution by the Planning Department to the utility companies, Spokane Valley Engineer, and the Spokane Regional Health District.
3. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County.
4. Water service shall be coordinated through the Director of Utilities, Spokane County.
5. Water service shall be by an existing public water supply when approved by the Regional Engineer
(Spokane), State Department of Health.
6. Prior to filing the final plat, 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 plat.
7. Prior to filing the final plat, the sponsor shall present evidence that the plat lies within the recorded service area of the water system proposed to serve the plat.
8. A public sewer system will be made available for the plat and individual service will be provided to each lot prior to sale. Use of individual on-site sewage disposal shall not be authorized.
9. A statement shall be placed in the dedication to the effect that: “A public sewer system will be made
available for the plat and individual service will be provided to each lot prior to sale. Use of individual on-site sewage disposal systems shall not be authorized.”
10. The dedicatory language on the plat shall state: “Use of private wells and water systems is
prohibited.”
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11. The final plat 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 subdivision, 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 COUNT FIRE PROTECTION DISTRICT 8:
1. Per the Spokane County Fire Protection District No. 8 Resolution #21-07 the following are required: a. Automatic residential sprinkler systems shall be installed in new homes per the International Residential Code (IRC). b. A minimum of a 30-foot green space shall be constructed around new homes to buffer from threat of fire; and c. Buildings and structures shall be constructed in accordance with the Wildland-Urban Interface Code Class 3 Ignition-Resistant construction.
2. Hydrants shall be installed approximately every 500’within the project areas; a. Minimum required fire flow is 1000 gpm. 3. Provide a water plan showing the location of required hydrant and size of water main. New fire
hydrants shall: a. Stand plumb. The traffic breakaway flange is to be set at the finished curb/grade elevation with the lowest outlet of the hydrant no less than 18 inches above the curb grade. There
shall be a clear area around the hydrant of not less than 36 inches as measured from outside edge of the barrel or outlet ports, whichever is greater, for clearance of a hydrant wrench on both outlets and the control valve. b. Have a minimum of three outlets, one 4-1/2 inch inside diameter pumper outlet with Storz and two 2-1/2 ich inside diameter outlets. Threads on all outlets shall be National Standard Thread (NST). c. Orient of the pumper port shall face private road.
4. Cul-de-sac turnaround on 46th Avenue appears adequate as drawn, minimum diameter of 96 ft per IFC Figure D103.1 shall be verified as part of the grading review.
5. Provide a turnaround per IFC Appendix D at the end of 45th Avenue as the dead-end length exceeds 150 ft.. The dimensions shall be verified as part of the grading review.
6. Public roads are 32ft or wider - No Parking Fire Lane Signs are required.
7. Addresses shall be posted so they are visible from the frontage roads during and after construction. Numbers shall be a minimum 4” tall and contrasting to background. New street signs shall be
provided at the intersections of new roads.
8. If or when any gates are installed, they must have a Knox Box device and it must be keyed for Spokane County Fire District 8. The Knox device will either open the gate or store keys/access cards
provided by the owner.
AVISTA UTILITIES
1. A 10-foot utility easement shall be dedicated along the frontage of all lots.
2. Include the following language in the plat dedication:
Staff Report and Recommendation to the Hearing Examiner for SUB-2022-0002 – Ponderosa Ridge East Subdivision Page 26 of 26
a. “Utility easements shown on the herein described plat are hereby dedicated for the use of serving utility companies for the construction, reconstruction, maintenance, protection, inspection and
operation of their respective facilities, together with the right to prohibit changes in grade over installed underground facilities, the right to trim and/or remove trees, bushes, landscaping, without compensation and the right to prohibit structures that may interfere with the
construction, reconstruction, reliability, maintenance, and safe operation of same. “
b. “Serving Utility companies are also granted the right to install utilities across border easements.”
SPOKANE TRIBE OF INDIANS:
1. An inadvertent Discovery Plan (IDP) shall be required and shall be implemented into the scope of work.
2. The IDP shall contain a requirement that the Spokane Tribe of Indians shall be notified immediately if any artifacts or human remains are discovered.
WASHINGTON STATE DEPARTMENT OF ECOLOGY:
1. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. If the proposal’s actions are different than the existing water right (source, purpose, the place of use, or period of use), then it is subject to approval from the Department of Ecology
pursuant to Sections 90.03.380 RCW and 90.44.100 RCW.