STAFF REPORT - PAINTED HILLS RESIDENTIAL DEVELOPMENTStaff Report and Recommendation to the Hearing Examiner for SUB-2015-0001/PRD-2015-0001 (Painted Hills PRD)
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Economic Development Department
Planning Division
Staff Report and Recommendation to the
Hearing Examiner
File No: SUB-2015-0001/PRD 2015-0001
PAINTED HILLS PRD
STAFF REPORT DATE: January 24, 2024
HEARING DATE AND LOCATION: January 31, 2024, beginning at 9:00 a.m. at Center Place, 2426 N
Discovery Place, Spokane Valley, WA
PROPOSAL DESCRIPTION: A Planned Residential Development that includes 584 residential units, 22,400
square feet (sf) of retail space, and 29.87 acres of open space. The underlying 99.3 acres will be subdivided into
307 lots and requires a revision to the Special Flood Hazard Area (SFHA) on FEMA Flood Rate Insurance Map
(FIRM) panel 53063C0751D (effective date July 6, 2010).
PROPOSAL LOCATION: The site is the former Painted Hills Golf Course, and includes parcel numbers
45334.0109, 45334.0108, 45334.0113, 45334.0110, 44041.9144,45334.9135, 45334.0114, 45336.9191, and
45334.0106, located at the NW intersection of Thorpe Road and Dishman Mica Road, and further located in the
SE 1/4 of Section 33, Township 25N, Range 44E, and the NE 1/4 of the NE 1/4, Section 4, Township 24N, Range
44E, and the SW 1/4 of Section 34, Township 25N, Range 44E, Willamette Meridian, Spokane County,
Washington
APPLICANT: Whipple Consulting Engineers, 21 S Pines Road, Spokane Valley, WA 99206
OWNER(S) (as verified by Title report at time of application):
Tax Lot Owner Zoning Size (Acres)
45334.0109 Black Realty, Inc. R3 0.87
45334.0108 Black Realty, Inc. R3 0.87
45334.0113 Northwest Renovators Inc. R3 0.27
45334.0110 Black Realty, Inc. R3 0.87
44041.91441 Black Realty, Inc. R3 8.24
45334.9135 Northwest Renovators Inc. R3 1.68
45334.0114 Northwest Renovators Inc. R3 0.60
45336.91911 Black Realty, Inc. R3 85.07
45334.0106 Northwest Renovators Inc. R3 0.87
TOTAL 2 99.34
1New parcel numbers have been assigned as a result of BLA-2018-0033
New parcel numbers are: #45334.9195, 44041.9193, 44041.9145, and 45336.9192. The
two reconfigured parcels are bisected by taxing districts, which resulted in each parcel
being assigned to parcel numbers.
2 The total acres above is based on the area shown in the assessor’s records: the plat of
record indicates the total area is 99.54 acres.
Staff Report and Recommendation to the Hearing Examiner for SUB-2015-0001/PRD-2015-0001 (Painted Hills PRD)
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APPROVAL CRITERIA:
Spokane Valley Comprehensive Plan
Title 19 Spokane Valley Municipal Code (SVMC) – Zoning (as in effect August 14, 2015)
Title 20 SVMC Subdivisions (as in effect August 14, 2015)
Title 21 SVMC – Environmental Controls (as in effect August 14, 2015)
Chapter 22.20 SVMC – Concurrency (as in effect August 14, 2015)
SVMC 22.130.040 - City of Spokane Valley Street Standards (SVSS)
SVMC 22.150.040 - Spokane Regional Stormwater Manual (SRSM), as amended
Spokane Regional Stormwater Plan
Spokane Regional Health District Regulations
Chapter 24.50 Land Disturbing Activities
STAFF PLANNER: Lori Barlow, AICP, Senior Planner
REVIEWED BY: Chaz Bates, AICP, Planning Manager
ATTACHMENTS:
Exhibit 1: Application Materials
1a. July 24, 2015 submittal
1b. July 21, 2017 submittal
1c. August 20, 2018 Amended SEPA Checklist
Exhibit 11: July 16, 2021, notice of DEIS Availability
Exhibit 2: Maps – Zoning, Vicinity, Aerial, Priority
Habitat, Street Classification, and Flood Hazard Exhibit 12: June 6, 2023, FEIS notice of Availability
Exhibit 3: Comprehensive Plan Map Exhibit 13: FEIS
Exhibit 4: Determination of Completeness Exhibit 14: Notice of Public Hearing
Exhibit 5: Notice of Application Exhibit 15: Landscaping Plan - Plan of Record
Exhibit 6: Sept. 8, 2017, DS and Scoping Notice Exhibit 16: NOA Public Comments
Exhibit 7: Nov. 9, 2017, SEPA DS Scoping Status
Summary Document Exhibit 17: Agency Comments
Exhibit 8: Revised PRD and Plat Map Proposal
(Plans of Record) Exhibit 18: SVMC effective 2015
Exhibit 9: 2017 PRD Phasing Plan Exhibit 19: Addressing Plan
Exhibit 10: Oct. 26, 2018, DS Scoping Notice on
Revised Project Proposal
Exhibit 20: Correspondence dated 12-31-15 /4-25-23
I. BACKGROUND INFORMATION
A. Project Description
This project consists of two land use permits, both of which are classified as Type III land use actions:
PRD-2015-0001 is a proposed Planned Residential Development (PRD) with both residential and commercial
development. The residential development is comprised of 584 total units including 304 single-family units (252
single family dwellings and 52 cottage or townhouse style dwellings), 228 multi-family units, and 52 mixed-use
units. The commercial development will include 22,400 square feet of retail space which involves mixed-use and
free-standing buildings. The site will include 29.87-acres of open space, which is equal to 30% of the total project
area. This open space will include a pedestrian trail system.
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SUB-2015-0001 is a 307-lot subdivision. The subdivision contains 210 single family residential lots ranging in
size from 5,215 sf up to 11,934 sf, 52 cottage lots, ranging in size from 1,686 sf up to 6,229 sf, 42 estate lots
ranging in size from 8,800 sf up to 15,424 sf, a 9.88 acre lot intended for 228 units of multifamily residential
development, a 1.81 acre lot intended for commercial-mixed use development that includes 52 residential units, a
1.58 acre lot for the existing restaurant, and tracts for open space and drainage. The subdivision creates the lots to
implement the PRD.
The existing golf course buildings and parking lot at the corner of S. Dishman-Mica Road and Thorpe Road will
be retained for commercial use. The former clubhouse is currently being used as a restaurant. A commercial
mixed-use area is planned along S. Dishman-Mica Road adjacent to the main access point. The planned focus for
the commercial areas will be to provide services and goods to the residents of the PRD, and this may include
restaurants, coffee shops, day care, dry cleaners, convenience shops, etc.
Within the PRD will be 29.87 acres of open space, 3.05 acres of which will include flood control. The cottage,
single family, and estate housing are separated by greenbelts. The commercial areas and housing will be separated
by open space. In the south portion of the PRD next to Thorpe Road will be a large passive park area. Throughout
the open space and entire PRD there will be a trail system that will provide pedestrian connectivity and paths for
active recreation.
Access to the development will be made from the existing S. Dishman-Mica Road, Thorpe Road and S. Madison
Road. S. Dishman-Mica Road is classified as an Urban Minor Arterial, and both Madison Road and Thorpe Road
are classified as an Urban Major Collector. One access point will be made from S. Dishman-Mica Road adjacent
to the commercial and multi-family development, one access point will be made from Thorpe Road to a
commercial development and four access points will be located from Madison Road leading to the proposed
residential development. Various internal streets will provide access to each lot. All streets will be designed and
constructed to meet Spokane Valley Street Standards (SVSS) and include curb, gutter, drainage, and sidewalks.
This proposal has been evaluated for critical areas and has undergone an Environmental Impact Statement (EIS).
Information related to critical areas, SEPA, and the EIS are included in section IV of this report.
B. Application Processing:
The table below summarizes this projects application process and schedule:
ACTION DATE
Pre-Application Meeting December 4, 2014
Planned Residential Development Application Submitted July 24, 2015
Preliminary Subdivision Application Submitted July 24, 2015
Date of Complete Determination August 14, 2015
Date of Mailed and Published Notice of Application August 21, 2015
Routed Revised Environmental Checklist for Agency Review September 21, 2016
SEPA Determination of Significance 1 September 8, 2017
EIS Scoping Meeting – Public Hearing September 25, 2017
Scoping Status Summary Issued November 9, 2017
Amended SEPA Checklist Submitted August 20, 2018
SEPA Determination of Significance 2 October 26, 2018
DEIS Received April 2, 2021
City DEIS Determination June 9, 2021
DEIS Notice for Public & Agency Comments July 16, 2021
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FEIS Notice for Public & Agency Comments June 6, 2023
FEIS Appeal of Adequacy Received June 16, 2023
End of FEIS Appeal Period June 20, 2023
Posted Notice of Public Hearing January 12, 2024
Mailed Notice of Public Hearing January 12, 2024
C. Vesting
On July 24, 2015, the PRD and Subdivision applications were submitted to City of Spokane Valley. On August
14, 2015, both applications were issued a Determination of Completeness. This determination vests both
applications to Spokane Valley Municipal codes in effect on August 14, 2015. These codes include Title 19
SVMC Zoning Regulations (specifically chapter 19.50 SVMC Planned Residential Developments), Title 20
SVMC Subdivision Regulations, Title 21 SVMC Environmental Controls, and Title 24 SVMC Building Codes.
Chapter 19.50 SVMC was repealed by Ordinance No. 21-019 in 2021. All references to SVMC, and the
regulations therein are reflective of the time of vesting.
Per chapter 17.100 SVMC this proposal is vested to the date of its initial completeness on August 14, 2015.
SVMC 19.50 provided guidance and regulations for PRDs at the time of the application submittal, permitting
commercial uses within a PRD if they are permitted uses within the Neighborhood Commercial zone (NC) and if
the PRD is larger than 10 acres in size.
D. Property Information
Size and Characteristics The site is 99.34 acres, containing 9 parcels. The site includes critical areas that are
primarily floodplain.
Comprehensive Plan SFR, Single Family Residential
Zoning R3, Single-Family Residential
Existing Land Use A majority of the site is vacant. There is a restaurant and golf driving range in the
southwest portion of the property. There are still features of the previous golf
course such as fairways and greens.
E. Surrounding Property:
North Comprehensive Plan – SFR, Single Family Residential
Zoning – R3, Single Family Residential
Existing Land Use- The Carmel of the Holy Trinity Convent & SFR Development
South Spokane County
Comprehensive Plan – Low Density Residential
Zoning – LDR
Existing land use – Haase Landscape Inc., Single Family residential
East Spokane County
Comprehensive Plan – Low Density Residential
Zoning – LDR
Existing land use – Single Family Residential
West Comprehensive Plan – Corridor Mixed Use & Single Family Residential
Zoning – R3 & CMU
Existing land use – Valley Chapel Church, Dishman Mica Auto Repair,
Staff Report and Recommendation to the Hearing Examiner for SUB-2015-0001/PRD-2015-0001 (Painted Hills PRD)
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Manufactured Homes.
II. FINDINGS AND CONCLUSIONS SPECIFIC TO THE PRD REQUEST
A. Compliance With Planned Residential Development Chapter 19.50 SVMC
This project is vested to chapter 19.50 SVMC (exhibit 18) in effect on August 14, 2015. The following
section provides staff analysis of each required section of the PRD code as it relates to the project.
Pursuant to SVMC 19.50.020 PRDs are permitted in all residential zones. The site is zoned R-3, Single
Family Residential. Pursuant to SVMC 19.50.030 residential developments of all types are permitted in
PRDs, and when a PRD is 10 acres or larger, secondary uses permitted in the Neighborhood Commercial
(NC) zoning district may also be permitted. SVMC 19.60.040 (NC zone) identifies the commercial uses and
services allowed. The proposed PRD proposes to include single-family, townhouse style, and multi-family
residential development. It also proposes mixed-use and standalone commercial development. The proposed
uses are consistent with chapter 19.50 SVMC.
1. SVMC 19.50.050 (Development Standards):
a. Relationship to Surrounding Areas:
The design of the PRD shall consider the relationship of the site to surrounding areas. The PRD
perimeter shall be designed to minimize adverse impact on adjacent properties and conversely
minimize adverse impact of adjacent land use and development characteristics on the PRD.
Staff Analysis: The area surrounding the proposed PRD is primarily single-family, with some
adjacent commercial and religious uses. Directly north is a Catholic convent. Mitigation measures as
agreed upon between the applicant and the convent has been included as conditions of approval. The
Chester Community Church is located immediately to the west. The existing restaurant, although
surrounded by vacant land, is on the subject property. Directly across S. Dishman-Mica Road is an
auto repair shop. This PRD proposes single-family, townhouse, multi-family, and mixed-use
commercial units (22,400 sf will be developed commercial use). The nearest multi-family housing is
an apartment complex located 0.4-miles northwest of the subject property. A cluster of commercial
uses are located 0.4-miles northwest of the site within a CMU zone. This cluster includes Ponderosa
Village shopping center, a brewery, and restaurant. This PRD proposal would minimize most adverse
impacts to adjacent uses.
b. Site Acreage Minimum:
The minimum required acreage is 5-acres.
Staff Analysis: The proposed PRD is 99.34-acres. The minimum acreage is in compliance with the
Site Acreage Minimum.
c. Minimum Lot Size and Density:
The minimum lot size provisions do not apply, except that the minimum lot size of the underlying zone
shall be the criteria to calculate the total number of dwellings allowed. The Hearing Examiner may
authorize an increase in density up to 20% greater than that permitted by the underlying zone.
Staff Analysis: The PRD proposes 584-units within 99.34-acres which is a density of 5.83 dwellings
per acre. The underlying R-3 zoning district allows for a maximum density of 6-units per acre. The
PRD proposal is in compliance with the density standard.
d. Maximum Coverage
Building coverage and development of the site shall not exceed the percentage permitted by the
underlying zone.
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Staff Analysis: The maximum lot coverage in the R-3 zone is 50 percent. If approved, the PRD will
be required to comply with the maximum lot coverage requirements in SVMC 19.70. Appendix A to
the SVMC refers to lot coverage as “the total area of a lot occupied by the base (first floor) of
buildings located on a lot.”
The PRD proposes 136,660 square feet of building coverage within 99.34-acres. This makes the lot
coverage 3.14 percent, complying with the maximum lot coverage requirements.
e. Landscaping Required
All common open space shall be landscaped in accordance with the landscaping plan submitted by the
applicant approved by the Hearing Examiner.
Staff Analysis: Landscaping and open space are a requirement of PRDs. If the PRD is approved, all
open space, including the passive open space and wildlife travel corridor, and trails and paths as shown
on the preliminary PRD, shall be shown on the final plat map. Pursuant to SVMC 19.50.050(F) “all
common open space shall be landscaped in accordance with the landscaping plan submitted and
approved by the hearing examiner. Natural landscape features which are to be preserved may be
accepted as part of the landscaping plan”.
A landscaping plan was submitted and is suitable for the intended use and provides visual screening.
f. Setback and Side Yard Requirements:
Setbacks from the exterior boundary line of the PRD area shall be comparable to or compatible with
those of the existing development of adjacent properties or consistent with development which may
reasonably be expected under the existing zoning. The setbacks and side yard setbacks may be waived
in a PRD - all building codes must be met.
Staff Analysis: Buildings proposed within the PRD will be required to adhere to perimeter setbacks
consistent with adjacent zoning districts. This means that portions of the property to the north and west
adjacent to existing R-3 and R-2 zoning district must follow a minimum setback of 20’ from the
perimeter. Portions of the property adjacent to CMU zoning will need to follow a minimum perimeter
setback of 10’. This will be included in the conditions of approval and evaluated for compliance at the
time of building permit.
g. Streets
All streets shall be designed and constructed to meet public street standards.
Staff Analysis: Street plans have been included in the PRD drawings. Streets will be designed to
Spokane Valley Street Standards (SVSS) and reviewed in conformance with those standards as part of
the on-site engineering design. A condition of approval has also been added.
h. Off-street parking
Off-street parking shall be provided consistent with Chapter 22.50 SVMC.
Staff Analysis: Table 22.50-2 in chapter 22.50 SVMC Off-street parking and Loading standards
indicates that there shall be two parking spaces per single family dwelling. Multifamily, studio, or one-
bedroom units shall have 1 parking space per dwelling unit plus 5% of total for guests. Multifamily
units with two or more bedrooms shall have 1.5 per unit plus 5% of total for guests. Review for
compliance with this standard shall occur during the building permit process. A condition has been
added to ensure parking is adequately provided.
i. Secondary Use Limitations:
Commercial uses shall be identified in the application. The gross floor area of commercial use shall
not exceed 50 square feet per dwelling unit proposed. Building permits for commercial development
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shall only be issued after 35% of the residences are completed. Commercial uses shall be of a size and
type to serve the residents of the development and shall be internally located.
Staff Analysis: The proposed PRD proposes residential development including single-family,
cottages, townhomes, and multi-family, as well as commercial development. SVMC 19.50 allows for
residential developments of all types and uses permitted in the Neighborhood Commercial zoning
district when a PRD is greater than 10-acres. The commercial uses proposed within the PRD must be
permissible in the Neighborhood Commercial Zoning district and may not exceed a total of 50 sf/per
unit. The PRD is limited to a total of 29,000 sf of commercial uses. Approved commercial uses in the
neighborhood commercial district are primarily retail and services that specifically serve the needs of
the surrounding residential neighborhoods. Conditions of approval will require a phasing plan ensuring
the pace of commercial development conforms with requirements of SVMC 19.50.050 and 19.60.040
and also limits the commercial development to a total of 29,000 sf.
All commercial development is in the western portion of the development along Dishman-Mica Road.
2. SVMC 19.50.060 Open Space Standards:
PRDs are required to dedicate 30 percent of the gross land area for common open space for the use of
its residents.
Staff Analysis: The open space shall be entirely within the PRD and within reasonable walking
distance of all dwelling units within the PRD. The open space may not include accessory buildings and
areas reserved for the exclusive use and benefit of an individual tenant or owners, public rights-of-
way, private streets, residential driveways, parking areas, loading or storage areas, setback areas, or
floodplains (100-year), flood prone areas, drainage easements, natural drainage areas, or creeks,
pursuant to SVMC 19.50.060(D). The 29.8 acres of proposed open space includes 3.05-acres of area
that is not currently designated as floodplain, but that would be designated as floodplain for flood
control if the Letter of Map Revision (LOMR) by FEMA is issued. The 3.05 acres is allowed to be
included in the open space calculation as it will be permanently maintained as an amenity consistent
with SVMC 19.50.060(D). See section 3.d for further discussion.
a. Location
Open space shall be located within the PRD and within walking distance of all dwelling units.
Staff Analysis: There is open space located throughout the PRD, however it is primarily along the
outside boundaries. Each lot is within reasonable walking distance of open space, and the integrated
trail system.
b. Access
All housing within the PRD must have access to open space. Access should not be blocked by major
obstacles and areas dedicated for active recreational open space shall have reasonable access from
street frontages.
Staff Analysis: The proposed open space has an integrated trail system that has access from existing
right of way. Every dwelling within the PRD will have reasonable access to designated open space and
the trail system.
c. Types of Open Space
1. Land dedicated for open space should be usable for either greenbelts that serve as a buffer
between land uses, using existing vegetation, or an aesthetic amenity such as boulevard trees,
active recreational activities, or for protecting environmentally sensitive areas such as wetlands.
2. Except as provided in subsection (C)(3) or (4) of this section, a minimum of 30 percent of the
required common open space area shall be suitable for active recreation. The topography, soils,
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hydrology, and other physical characteristics of the area proposed for active recreation shall be
of such quality as to provide a dry, obstacle-free space in a configuration which is suitable for
active recreation.
3. The community development director determines the amount of required active recreation area
pursuant to the criteria set forth in this section.
4. The percentage of active recreational areas may be increased to as high as 50 percent if it is
determined that anticipated recreational needs will require a larger percentage. In increasing
this percentage, the following standard should be used: the ratio of one acre to 125 residential
units.
5. The percentage of active recreational area may be decreased to as low as 15 percent if it is
determined that:
6. Inclusion of buffers or environmentally sensitive lands such as wetlands would better meet the
open space needs of the residents of the subdivision; or
7. Meeting the standard would require detrimental grading or other disturbance of the natural
setting.
Staff Analysis: The proposed open space will include passive and active areas. There is a large area of
open space in the south portion of the site that is designated as a park and wildlife travel corridor. The
proposed open space must include a minimum of 30% active recreation. The open space will include
an integrated trail system that can be utilized for recreation. The amount of open space provided and
the division of passive versus active space meets the requirement.
d. Land Required for Open Space Shall Not Include:
1. Accessory buildings, climate-controlled improvements, and areas reserved for the exclusive use
and benefit of an individual tenant or owner.
2. Dedicated streets, alleys or public rights-of-way, required landscaped areas, areas required for
yard depth or building setback or separation.
3. Vehicular driveways, private streets, parking areas, loading or storage area.
4. Floodplain (100-year), flood prone areas, drainage easements, natural drainage areas or creeks
unless maintained as an amenity and specifically approved as being suitable for open space.
Staff Analysis: No structures are proposed to be placed within the proposed open space area. All
features within the open space are open air and recreation related. The south 3.05-acres of the proposed
open space will be located in an area designated as a floodplain once the LOMR is issued by FEMA.
The area is not currently a designated floodplain area. The area is intended to absorb floodwaters in
the case of failure of the flood control system but will be maintained as a grassed area suitable for open
space. The area will be graded with a sloped perimeter on all sides. The area is suitable for open
space assuming access is provided through the sloped areas. The developer should ensure that the area
is accessible to all residents by providing stairs, a ramp or other similar types of access to the area.
The PRD has been conditioned to require reasonable access be provided so that the open space can be
used by the residents.
e. Implementation
The area proposed for open space shall be dedicated in common to the property owners within the plat
or to a homeowners’ association. Maintenance and operation of the dedicated open space shall be the
responsibility of the property owners’ or homeowners’ association.
1. The City may choose to accept dedication, maintenance and operation responsibilities when the
common open space area to be dedicated is in the public interest and either one or a
combination of the following:
Greater than 10 acres.
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Adjacent to an established or future City Park or school grounds.
Is an access to a body of water greater than three acres in size.
Is an environmentally sensitive area.
2. The dedication shall be identified on the PRD plan.
Staff Analysis: The open space will be maintained by the homeowners’ association. Maintenance
obligations and responsibilities will be outlined in the Operations & Maintenance (O&M) manual. The
City will not accept dedication, maintenance or operation responsibilities for the open space.
f. Improvements
The following improvements to the area proposed for dedication may be required prior to final
approval of the PRD:
1. Removal of construction debris and hazards
2. Rough grading and establishment of grass cover over those portions of the site suitable for
playfields.
Staff Analysis: Both items are conditions of approval for the final plat.
g. Equivalent Facilities
When areas proposed for dedication do not meet the criteria for dedication in this chapter, such land
may be improved by grading, filling, landscaping, or with installation of recreation equipment so as to
be equivalent in result to the intent of this chapter. The director shall make determination of
equivalency according to the following guidelines:
1. The proposed land and improvements must create recreational opportunities generally equivalent
to or greater than the land required for the residents within the PRD.
2. The proposed land and improvements must not result in significant disturbance or alteration of
an environmentally sensitive area, unless otherwise allowed by the City.
3. The proposed land and improvements shall be dedicated.
Staff Analysis: No equivalent facilities for open space have been proposed for this PRD.
h. Stormwater Detention Facilities
Stormwater detention ponds may be allowed by the City as part of dedicated open space subject to the
following criteria:
1. The detention pond shall be constructed so as to drain fully when precipitation is not occurring
(i.e., no standing water may be left) unless the pond is designed as an aesthetic amenity.
2. The side slope of the detention pond shall not exceed 33 percent unless slopes are existing,
natural and covered with vegetation.
3. If detention facilities are located adjacent to or near a natural, year-round stream or wetland,
these systems shall be left in natural or near-natural condition
4. The detention area shall be landscaped in a manner which is both aesthetic and able to withstand
the inundation expected.
5. Use of a dedicated open space area for stormwater detention shall not be acceptable if the
detention area must be fenced or otherwise rendered unsuitable or unavailable for recreation use
during dry weather
6. In the case of joint use of open space for detention and recreation, the homeowners or
homeowners’ association shall be responsible for maintenance of the detention facilities.
Staff Analysis: No stormwater detention pond has been proposed as dedicated open space as part of
this PRD proposal.
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i. Rights and Duties
The owners of open space shall have the following rights which may be exercised in respect of such
land, subject to restrictive covenants or other restrictions.
1. The right to locate recreational facilities, such as tennis courts, swimming pools, picnic tables,
and fireplaces (accessory to picnic tables) designed to be used exclusively for the use of
residents of the development and their guests.
2. The right to locate pedestrian paths, bicycle paths and bridle paths.
3. The right to take whatever measures are reasonably necessary to protect and maintain such land,
or land or property adjacent thereto, or to correct a hazardous condition posing a threat to life
or limb.
4. The right to regulate access to or entry on the open space land and duty to maintain such land.
Staff Analysis: These rights are being utilized by the owner in the design and placement of open
space. Features such as pedestrian path, basketball courts, and putting range have been included in the
plan.
3. SVMC 19.50.070 Administration
a. Building permits
Building permits and other permits required for the construction or development of property under the
provisions of this chapter shall be issued only when, in the opinion of the director, the work to be
performed meets the requirements of the final plan and program elements of the PRD.
Staff Analysis: The site plan of record, and all other conditions of approval will be reviewed during
the building permit review process to ensure that all development is consistent with the approved PRD.
The PRD shall be conditioned accordingly to ensure conformance with all conditions of approval.
b. Minor and Major Adjustments
1. Minor adjustments may be made and approved by the director when a building permit is issued.
Minor adjustments are those which may affect the precise dimensions or siting of buildings, but
which do not affect the basic character or arrangement of buildings approved in neither the
final plan, nor the density of the development, nor the open space requirements. Such
dimensional adjustments shall not vary more than 10 percent from the original.
2. Major adjustments are those which, in the opinion of the director, substantially change the basic
design, density, open space or other requirements of the PRD. When, in the opinion of the
director, a change constitutes a major adjustment, no building or other permit shall be issued
without prior review and approval by the hearing examiner of such adjustment.
Staff Analysis: Any minor and major amendments proposed for this PRD will be reviewed and
approved consistent with the procedures of SVMC 19.50.070. The project will be conditioned
accordingly.
4. SVMC 19.50.080 Homeowners’/Property Owners Association Required
In a PRD, a property owners’, or homeowners’ association (HOA) shall be established for the purpose of
ownership, maintenance and management of open spaces, common areas and private roads as required by
the provisions of the SVMC.
Staff Analysis: As required by the SVSS and the SRSM, a homeowners' association (HOA) shall be
formed for the funding, operation and maintenance of private streets, common areas, stormwater systems
and related facilities. To ensure proper operation and maintenance of the facilities and funding for
required activities, an operation and maintenance (O&M) manual with a financial plan is required. Note
that the flood control system, which is separate from the HOA’s stormwater system, will not be the
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responsibility of the HOA but of a flood control district as discussed in section F. The O&M manual for
the flood control system will be reviewed by Spokane Valley, Spokane County and FEMA.
Conclusion(s): The proposed PRD is consistent with the applicable SVMC development standards described
above or can be made consistent with the applicable SVMC development standards through application of the
conditions of approval that address the types of land uses allowed and the phasing of development.
III. FINDINGS AND CONCLUSION SPECIFIC TO THE SUBDIVISION REQUEST
Compliance with Title 20 SVMC (Subdivision Regulations)
This project is vested to Title 20 SVMC (exhibit 18) in effect on August 14, 2015. The following section provides
staff analysis for the subdivision code as it relates to the project.
A. 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 7,500 square feet per lot. However, the PRD regulations in SVMC
19.50.050 stipulate that the minimum lot size is waived, and that the density of the underlying zoning
district establishes the maximum density allowed. The density of the R-3 Zone is six dwelling units per
acre. The density of the proposal is 5.83 units per acre. Although the lot sizes vary in the subdivision, it
does not exceed the allowed density. The proposed lot sizes range from 1,800 to over 15,000 sf and can
accommodate the residential development proposed.
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;
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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: Pursuant to SVMC 19.50.050.C lots within a PRD are not required to meet the minimum
lot size provisions. The size requirement is waived by the PRD regulations. The proposal does not
include any double frontage lots or lots at the intersection of two public roads as in all cases the lots are
separated from the right-of-way (ROW) by linear open space. Because of the strip of open space located
between Madison Road ROW and the lots, screening is not required. The preliminary plat map submitted
meets the standards above as allowed by the PRD regulations. There is no flag lots proposed.
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) the block length is 600 feet.
Block lengths, with the exception of Painted Hills Avenue and 42nd Avenue, comply with adopted street
standards. However, both streets provide pedestrian connections to adjacent streets creating convenient
pedestrian access within the PRD. 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. 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. When a tract is subdivided into lots of one acre or more in size, the community development director
(hereafter referred to as the “director”) may require an arrangement of the lots and streets, in
conformance with the adopted arterial and local access street master plan or areas identified in SVMC
22.130.080, Future acquisition areas, such as to permit a subsequent redivision.
Staff Analysis: Two large lots are proposed on the Plat. Commercial Lot 1 is 92,865 sf and Multifamily
Lot 1 is 520,184 sf. The large lots proposed on the Plat are intended to implement the PRD. The PRD
proposes multifamily development and mixed-use commercial development on the lots. The large lots
are consistent with the intended use of the PRD and no further division is anticipated. Because the lots
are only allowed to develop consistent with the PRD no further development plan is required.
5. Lots should not be divided by the boundary of any city, county, zoning designation, or public right-of-
way.
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.
6. Every lot shall have direct access to a paved public street, private street, or an easement for a private
driveway.
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Staff Analysis: Every lot within the proposal will be accessed by a paved public street. Many of the lots
will also be adjacent to a paved trail system incorporated within the open space.
7. 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.
Staff Analysis: The proposal includes a street system that will comply with the SVSS. These streets will
have full improvements including curb, gutter, sidewalk and planters. Improvements shall be constructed
prior to the recording of the final plat. Frontage improvements are also required to Dishman-Mica Road,
Madison Road, and Thorpe Road. Additional infrastructure improvements are required along the 300-
foot-long gap in sidewalk that will exist between the northern limits of the Painted Hills PRD site and the
existing sidewalk which terminates at E. 40th Street and S. Pines Road. A crosswalk and pedestrian
beacon will be installed at the intersection of E 40th Avenue and S Madison Road to provide safe
pedestrian connection to the adjacent schools.
8. 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.
9. 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 July 25, 2015. The certificate of water availability is
valid within 12 months of its issuance. The certificate is dated March 16, 2015. A current certificate of
water availability must be submitted as a condition of subdivision approval.
The site will be served by City of Spokane Valley Fire Department and Spokane County Fire District #8.
The most southern portion of the site falls within the jurisdiction of Spokane County Fire District #8.
10. All road designs shall comply with Chapter 22.130 SVMC and adopted street standards.
Staff Analysis: Road designs comply, or shall be conditioned to comply, with Chapter 22.130 SVMC and
adopted street standards.
11. 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).
12. 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.
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.
13. 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
Staff Report and Recommendation to the Hearing Examiner for SUB-2015-0001/PRD-2015-0001 (Painted Hills PRD)
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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
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
Staff Analysis: Prior to any development, permits will be required from Spokane Regional Health
District, Spokane County Public Works-Wastewater Division, Spokane Clean Air, Spokane County
Water District #3, and City of Spokane Valley. Adherence to these permits and all conditions of approval
herein will ensure compliance with the SVMC.
2. Open Spaces
Staff Analysis: The PRD regulations in SVMC 19.50.060 requires 30% of the gross land area be
dedicated for common open space. Open space is not a requirement for development in the R-3 zone.
The subdivision implements the PRD. The proposed open space meets the minimum standard of open
space for the PRD as set forth in SVMC 19.50.060 as discussed in section I of this report.
3. Drainage Ways
Staff Analysis: All drainage will follow the adopted SRSM for stormwater management. Drainage plans
will be reviewed and approved by the City of Spokane Valley Development Engineering Division and
conditioned accordingly to ensure compliance.
4. Street or roads, alleys, sidewalks, and other public ways
Staff Analysis: The subdivision and PRD will be accessed from S. Dishman Mica Road, Thorpe Road
and S. Madison Road. There will be a network of internal streets that will include one access point from
Dishman-Mica Road and four access points from Madison Road. The internal street network will be fully
improved including curb, gutter, sidewalk, and planters. Frontage improvements including curb, gutter,
and sidewalk will also be made to Dishman Mica Road, Thorpe Road and Madison Road. A sidewalk will
also be constructed from the north boundary of the plat that will close the gap that leads to the schools to
the north.
5. Transit Stops
Staff Analysis: Spokane Transit Authority (STA) determines the need for transit stops. The closest
transit stop is located 0.6 miles to the north along E 32nd Ave. This is served by Route 97, with a
weekday frequency of every 30 minutes and an evening and weekend frequency of every 60 minutes. The
nearest bus stops are located 0.6-miles to the north along E 32nd Ave.
6. Public Potable Water Supplies
Staff Analysis: Public water supplies are regulated by the Spokane Regional Health District and Spokane
County Water District #3. A Certificate of Water Availability completed by Spokane County Water
District #3 indicated water service was available at the time of application in 2015 and could serve the
number of taps requested. The certificate also states the water purveyor’s water system has a current
Washington Department of Health operating permit allowing the number of new taps or water requested.
The certificate of water availability is valid within 12 months of its issuance. The certificate is dated
March 16, 2015. A current certificate of water availability must be submitted as a condition of
subdivision approval.
7. Sanitary Sewer
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Staff Analysis: The sanitary sewer system is coordinated by Spokane County Wastewater Division. A
certificate of Sewer Availability from Spokane County states that sewer is currently available with service
connections provided as required to service the proposed development. 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. The Certificate of Sewer Availability is signed March 13, 2015.
The certificate also states that it shall be valid as long as the reference project remains active and is not
modified.
8. Parks and Recreation
Staff Analysis: Although the PRD includes a Passive Open Space Park & Wildlife Travel Corridor, no
new designated public 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 per 1,000 residents pursuant to the Parks
and Recreation Master Plan 2019 Update, which is implemented through the Capital Facilities Element of
the Comprehensive Plan. There is 17-acres of designated recreation area located approximately 370-feet
to the SW across Dishman-Mica Road. The proposed subdivision will not impact the City’s LOS
standards for parks.
9. Playground, schools, and school grounds
Staff Analysis: The site is located within Central Valley School District and lies within the service area
for Chester Elementary School, Horizon Middle School, and University High School. Central Valley
School District was notified of the subdivision and PRD and indicated at the time of application that
students in the area would not likely attend schools in the boundary area. However, since 2015 the
district has constructed a new elementary school, middle school and a new high school which resulted in
redistricting within the district. The district has not provided updated comments.
10. Sidewalks and other planning features that assure safe walking conditions for students who only walk
to and from school.
Staff Analysis: Frontage improvements will be required along S. Dishman-Mica Road, S. Madison Road,
and Thorpe Road. These frontage improvements include curb, gutter, swale, and 6’ wide sidewalks.
Internal streets will include curb, gutter, swales, and 5’ wide sidewalks. The PRD includes a pedestrian
path system that provides travel throughout the development and connection to the community. A new
flashing beacon and crosswalk will be constructed at the intersection of E 40th Avenue and S. Madison/S
Pines Roads to facilitate safe pedestrian and cyclist access to the adjacent schools.
11. Whether the public interest will be served by the subdivision
Staff Analysis: As proposed, this subdivision is consistent with the SVMC and with the goals and
policies of the Comprehensive Plan, as outlined in section VI of this report.
12. The proposed subdivision is in conformity with all applicable development code provisions.
Staff Analysis: As proposed and conditioned, this subdivision meets, or will meet, all criteria set forth in
the SVMC and all other criteria set forth by other agencies with jurisdiction.
C. SVMC 20.40.050 Phasing
Staff Analysis: Any subdivision may be phased subject to the criteria identified in SVMC 20.40.050.A - E.
A master phasing plan must be submitted with the preliminary subdivision. On July 18, 2017, a phasing plan
was submitted. While the phasing plan appears to meet the criteria in SVMC 20.40.050.A-E, it is not
consistent with the PRD criteria that requires 35% of the residences be completed prior to issuance of any
commercial building permits. The phasing plan proposal includes residential lots and the two lots adjacent to
Dishman-Mica Road intended for multifamily residential and mixed-use development. The phasing plan as
proposed would create two lots for which the City could not issue building permits as the criteria for
commercial development would not be met. The plan must be expanded to include an adequate number of
Staff Report and Recommendation to the Hearing Examiner for SUB-2015-0001/PRD-2015-0001 (Painted Hills PRD)
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residential lots to be consistent with the building permit limitations of the PRD in SVMC 19.50.050. In order
to phase the improvements associated with the plan, a phasing plan consistent with the criteria of SVMC
20.40.050.A-E and chapter 19.50 SVMC must be submitted for review and approval by the City following the
issuance of the LOMR by FEMA.
Conclusion(s):
If all of the recommended conditions of approval are met, the proposed subdivision will conform to applicable
standards of the SVMC and the proposed subdivision will be consistent with the zoning standards.
IV. COMPLIANCE WITH TITLE 21 SVMC – ENVIRONMENTAL CONTROLS
A. CHAPTER 21.20 SVMC – STATE ENVIRONMENTAL POLICY ACT
The City issued a notice of a Determination of Significance, which required the preparation of an
Environmental Impact Statement (EIS) for this project in conformance with the State Environmental Policy
Act (SEPA), and Chapter 21.20 SVMC. The process, scope of analysis, summary of community comment,
and proposed resolution to anticipated impacts are described here.
1. SEPA Process
On July 24, 2015, the application and SEPA Environmental Checklist for the PRD and Subdivision
was received.
On August 21, 2015, the application materials and SEPA checklist were circulated for public and
agency review.
On September 8, 2017, a Determination of Significance and Request for Comments on Scope of
Environmental Impact Statement were issued.
On September 25, 2017, an EIS Scoping Meeting was conducted to receive public comment on
issues to be discussed in the environmental impact statement.
On Nov. 9, 2017, a Scoping Status Summary Document was issued.
On Aug. 20, 2018, the applicant submitted an amended and restated SEPA checklist and other
materials that modified the proposed site design in order to pursue a Conditional Letter of Map
Revision - Fill (CLOMR-F) from FEMA. This design update to pursue a CLOMR-F approval
represents a change in the FEMA re-map effort for the project.
On October 26, 2018, a Determination of Significance for a Revised Project Proposal and Request
for Comments on Scope of an EIS was issued.
On April 2, 2021, the applicant submitted a draft Environmental Impact Statement (DEIS), and on
June 9, 2021, the City determined that the DEIS would meet the minimum requirements for a DEIS
pursuant to WAC 197-11-405, 197-11-425, 197-11-430,197-11-440, and SVMC 21.20.110.
On July 16, 2021, the City released the DEIS for agency and public review.
On June 6, 2023, the City released the Final EIS (FEIS) for public review. The appeal period expired
on June 20, 2023.
On June 16, 2023, an appeal of the adequacy of the FEIS was received (APP-2023-0003).
APP-2023-0003 will be heard by the Hearing Examiner in accordance with chapter 17.90 SVMC
Appeals.
2. Scoping:
On September 8, 2017, a Determination of Significance (DS) for the proposed development was issued
with a call for action for an Environmental Impact Statement (EIS) to be prepared. The purpose of the EIS
is to evaluate the effects of the project on the natural environment, built environment, and transportation.
Following the issuance of the DS a scoping period for the project was held that included a public scoping
meeting. On September 25, 2017, the public EIS scoping meeting was conducted to receive comments on
issues to be discussed in the Environmental Impact Statement. During the public scoping comment period
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251 comments were received. During this process the applicant chose to move forward with a Planned
Residential Development. On August 20, 2018, the applicant submitted an amended and restated SEPA
checklist as well as additional and amended application materials reflecting the new proposal.
On October 26, 2018, a Determination of Significance was issued for the revised project proposal and
SEPA checklist. A second public scoping comment period was held that yielded an additional 124
comments.
3. Project Proposal/ Alternatives
The initial proposal for PRD and Subdivision of the former Painted Hills golf course site was reviewed
for impacts and considered with development alternatives. This led to the initial DS that was issued in
2017.
On August 20, 2018, the applicant submitted an amended and restated SEPA checklist as well as
additional and amended application materials reflecting the new proposal. Thereafter a second DS was
issued on October 26, 2018.
Subsequent to the DS the public review and scoping process took place that led to a DEIS. The DEIS was
determined to meet the minimum requirements for a DEIS pursuant to WAC 197-11-405, 197-11-425,
197-11-430 and 197-11-440 and SVMC 21.20.110.
A FEIS was issued on June 6, 2023 that included an overview of alternatives and associated analysis.
4. FEIS Alternatives
The FEIS presented three alternatives as described in the table below.
Alternative 1: No Action. Alternative 2a PRD High Infiltration Alternative 2b PRD Low Infiltration
The No Action Alternative assumes
that no on-site or off-site
improvements occur in conjunction
with or as a result of a residential
project on the Painted Hills site.
This alternative includes the PRD
proposal of approximately 42 estate
single family residential lots, 206
standard single-family residential
lots, 52 cottage-style single family
residential lots, 228 multi-family
residential units, 52 mixed use multi-
family residential units integrated
with approximately 13,400 square
feet of retail/commercial use, 9,000
square feet of future stand-alone
retail commercial use and the
preservation of the club house and
associated parking as a commercial
area.
For managing the flood flows
impacting the site and for revising
the floodplain boundaries, the project
proposes on-site and off-site flood
control facilities. On-site facilities
include the replacement of existing
culverts under Thorpe Road with a
box culvert, installation of a concrete
lined channel to a pipe system
This alternative includes
approximately the same PRD
development proposal as Alternative
2a. However, the key difference is
Alternative 2b significantly increases
the size of the floodwater infiltration
pond adjacent to the gravel drywell
infiltration gallery and eliminates the
cottage-style single family residential
lots at the northern limits of the site.
The infiltration pond is larger in
Alternative 2b to address recent
(January 2020) infiltration testing
that indicates slower infiltration
might occur on the site when
compared to infiltration testing
conducted on the site in May of
2016.
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leading to a stormwater treatment
swale and then to an infiltration
pond. Stormwater that crosses under
Madison Road will outfall into the
pipe system. Off-site facilities east of
the project site in Spokane County,
which will intercept and prevent
flood flows from reaching the project
site, include replacing the Gustin
Ditch with a 36-inch pipe, deepening
the “triangle pond” and installing 18
drywells in the pond bottom.
Street frontage improvements along
Dishman-Mica Road, Thorpe Road,
and Madison Road are also proposed.
5. Public Comments
A total of 218 comments were received during the DEIS comment period that began on July 16, 2021.
These public comments focused on concerns related to flooding, aquifer impacts, utility management,
traffic, road damage, pedestrian safety, school crowding, pollution, wildlife, the volume of grade and fill,
fire protection, and city liability. Subsequent to a review of the comments received, it was determined that
revisions to the document were appropriate to provide clarification. Section 1.5 of the FEIS summarizes
the clarifications that occurred to the introduction, natural environment, built environment, transportation
sections as well as other elements not analyzed in the document. Appendix B of the FEIS provides a
detailed list of responses to public comment and the location of all revisions.
6. FEIS Response to Concerns
The FEIS evaluates potential adverse impacts to the following elements of the environment: natural
environment (ground and surface water), built environment (land use, including relationship to land use
plans regarding flood hazard areas), and transportation, including the importing of fill. Additional
environmental elements including air quality, aesthetics, biological resources, environmental health,
geology, historic, cultural, and archaeological resources, notice, public services, and recreation were
analyzed to a lesser degree. The FEIS also proposes several mitigation measures that have been
incorporated in the recommended conditions of approval of this report. The table below identifies
concerns identified through public comment, if mitigation was proposed in the FEIS, and the section of
the FEIS where the concern is discussed.
FEIS Concerns and Mitigation Measures
Concern Impact(s) Minimized Mitigation Measure(s) FEIS Section
Flooding Yes Yes 3.1 and 3.2
Traffic Yes Yes 3.3
Public Schools Yes No 3.4.8
Volume of Grade & Fill Yes Yes 3.3 and Appendix G
Wildlife Yes Yes 3.4.3
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Utility Management Yes Yes 3.4.8
Pedestrian Safety Yes Yes 3.3
Fire Protection Yes Yes 3.4.8
Pollution and Noise Yes Yes 3.4.1 and 3.4.7
The Aquifer Yes Yes 3.1
City Liability Yes Yes 3.2
Road Impacts Yes Yes 3.3
A summary of each concern is presented and followed by discussion presented in the FEIS that addresses the
concern or identifies measures to address the concern. Staff analysis has been provided when the FEIS mitigation
proposed does not address related issues.
a. Concern: Flooding - Flood water will be displaced and impact properties off-site.
Discussion: Risk of failure and risk to adjacent properties is minimized for the following reasons and
through the following measures:
Flood control system components will be designed to meet standards of the SRSM and Ecology’s
Stormwater Management Manual for Eastern Washington (SWMMEW). Each element of the system
has been designed to withstand flow rates and volumes in excess of the 100-year storm.
During construction, depressions will be created that will serve as temporary repositories to capture
any floodwater that enters the Painted Hills site during the construction phase. Following the
excavation of the southern open space depression near Thorpe Road, excavation of the infiltration
basin on the north end of the Painted Hills site would be completed. The capacity of these two basins
would be designed to capture and infiltrate a 100-year storm event.
Box culvert under Thorpe Road: the new 30-foot long by 3-foot-deep box culvert will have a capacity
to pass 500-year flood flows along the Golf Course Overflow Path without overtopping Thorpe Road.
This new box culvert would replace the existing set of three, undersized 15-inch culverts.
Headworks at the inlet to the two-48” diameter pipes: typically headworks are obstructed by debris
from the upstream basin preventing floodwaters from entering the flood conveyance system but this is
unlikely for this project because the only known source of debris that could cause such a failure would
be vegetative debris and the only known type of debris that would be expected to fully obstruct the
headworks is large woody debris (e.g. fallen trees). This obstruction is very unlikely because the
modeling shows that the flood depths and velocities under the 100-year and 500-year storm events lack
the magnitude of velocities and depths required to carry large woody debris capable of obstructing
trash racks at the headworks. Despite the general absence of floodwater volumes, velocities, and large
woody debris necessary to create a failure event at the headworks, additionally, the PRD project has
incorporated a secondary storage area that could receive floodwaters in the event of a headworks
obstruction event. If such an event were to occur, floodwater would crest over the open channel wall
and flow into the adjacent approximately 4-acre open space area within the PRD. This open space area
will function as a secondary storage pond and temporary containment measure. Also, due to the
prominence and visibility of the 4-acre open space area within the PRD, it is expected that overflows
into this secondary storage area would be apparent to those living within the Painted Hills PRD and to
the Homeowners Association representatives who would then notify the flood control district of the
situation thus triggering a maintenance crew to come to the site to remove any debris causing an
obstruction.
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Two 48-inch stormwater conveyance pipes: the two 48-inch pipes would extend north for
approximately 2,100 feet along Madison Road. These pipes have been designed with a capacity to
convey flood volumes up to the 500-year flood.
Sediment removal: Suspended solids in the floodwater will be filtered out by tall grasses planted in the
biofiltration swale. Also, at the end of the biofiltration swale, the water would enter a settling pond
where additional suspended sediments would precipitate to the floor of the pond. The sediment
removal will help clean the stormwater entering the infiltration pond.
Infiltration pond and drywells (after the settling pond): the floodwater infiltration system is designed to
eliminate flooding impacts by ensuring that floodwater can infiltrate on-site in the infiltration pond
under normal ground conditions as well as in situations where the ground is frozen. Under normal
conditions, floodwater will infiltrate through the permeable pond bottom. The infiltration pond has an
outflow capacity of 730.43 cfs. When the ground is frozen and infiltration through the ground surface
is reduced and water levels within the infiltration basin rises by 1 foot in elevation, the water would
crest over the rims of the 50 individual drywells and infiltrate into the native soils. The dry well gallery
can effectively infiltrate the peak flow rate of the 100-year storm for when the infiltration capacity of
the basin is compromised due to partially frozen ground conditions.
Gustin Ditch area: Off-site flood conveyance elements, including the triangle pond and Gustin Ditch,
are designed to accommodate approximately 2.25 times the peak 100-year storm flows coming from
the east before entering the project site. These off-site improvements will eliminate 100-year and 500-
year floodwater inflows onto the Painted Hills site from the east as modeled in the current FEMA
floodplain insurance study.
The FEIS states that in addition to the required HOA, a flood control district, which specializes in the
administration of flood control systems, would ensure the continued competent operation and
maintenance of the flood control system (which is distinct from the on-site stormwater systems that
will be the responsibility of the HOA) and appropriate fees are collected. A waiver of remonstrance
recorded on all lots would allow later formation of a flood control district to ensure that ownership,
maintenance and repair responsibility is provided for indefinitely and does not become the
responsibility of the residents outside of the development.
Improvements to the Gustin Ditch and Triangle Pond are subject to review and approval by Spokane
County as well as FEMA.
It is of note that any development activities located in a flood hazard area are subject to review and
approval through FEMA’s Conditional Letter of Map Revision (CLOMR) and eventual approval via a
Letter of Map Revision (LOMR). The applicant has submitted all flood and stormwater designs to
FEMA for preliminary review, as established during a meeting with FEMA and other reviewing
agencies on October 14, 2021. Comments were received from FEMA on August 22, 2022, and
December 21, 2022, as part of a preliminary review. These comments request relatively minor
revisions such as expanded responses and revisions to application materials. No modification of the
flood control system design is required as a result of these comments; however, the technical review
process is not yet complete, and FEMA may provide additional comments that need to be addressed.
Further conditions from FEMA will be incorporated into future required permits.
b. Concern: Traffic - Increased traffic and its impact on the existing traffic system including the
surrounding streets and travel routes in the greater vicinity.
Discussion: This project, as proposed, will generate additional trips on the adjacent roadway network.
Through the City’s concurrency review process as prescribed in the Street Standards, a traffic impact
analysis (TIA) was completed in 2016 to determine the impact of these additional trips on the
operational performance of the street network. The TIA is included as Appendix F to the FEIS. The
result of the TIA was an issuance of transportation concurrency certificate that identified sufficient
Staff Report and Recommendation to the Hearing Examiner for SUB-2015-0001/PRD-2015-0001 (Painted Hills PRD)
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capacity exists on the street network to accommodate the additional trips with the completion of
specified mitigation. The analysis and results of the TIA are summarized in Section 3.3 of the FEIS.
The mitigation identified by the TIA and subsequent concurrency certificate, in addition to the
roadway and frontage improvements identified through development engineering requirements, have
been identified throughout the FEIS process, as well, and are included in Section 3.3.3.
c. Concern: Impacts on public schools - Schools are currently overcrowded and the increase in
population resulting from the proposed PRD will escalate the existing crowding.
Discussion: The increase in student population may not be immediately accommodated by the Central
Valley School District (CVSD). Additional student population may lead to students attending out of
service area schools with capacity or increase the need for temporary classrooms. Section 3.4.8.2
provides a complete discussion on the projected student population associated with the Painted Hills
PRD and the impacts to the school district’s current revenue stream. CVSD generates revenues to fund
student enrichment and capital facilities to augment additional revenues channeled to the district from
the state. The district utilizes various means to plan for and accommodate student population increases
associated with urban growth.
FEIS section 3.4.8.2.2 summarizes how the future development would provide increased school tax
revenues commensurate with the demand on facilities and operations created by additional school
children residing within the PRD.
d. Concern: Volume of Grade & Fill - Impacts of the construction traffic on the traffic system during
hauling of soil including interruption to traffic and damage to the roads from hauling 377,000 cubic
yards of fill.
Discussion: Section 3.3.2 of the FEIS and the Truck Haul Plan (Appendix G) discusses construction-
related traffic, fill quantity, timing, routes, and impact to local roads. Impacts could include traffic
delays due to the additional truck traffic on the roads, inconvenience and potential danger caused by
dust and spilled fill material on the road. The additional truck traffic could result in damage to existing
roadway infrastructure including pavement surfaces, signs, and guardrails. It is anticipated that truck
volumes will be between 11-22 trips per day and 22-40 trips per day over a 4-year period depending
on if dump trucks to the site occur year-round or if their activity is curtailed by weather conditions.
Implementation of the mitigation measures identified in Section 3.3.3, in particular the mitigation
requirement to finalize a truck-haul plan approved by the City, will ensure that the traffic-related
effects of on-site fill activities are sufficiently mitigated.
The City’s certificate of concurrency for the Painted Hills PRD project remains valid and any
development proposals that have occurred after the issuance of the certificate of concurrency are
required to consider background trips from the Painted Hills project. Therefore, the delay in approval
for the Painted Hills PRD will not result in unaccounted for impacts on the system due to the fact that
subsequent development proposals have included trips from the proposed project as background
volumes in their traffic studies to obtain certificates of concurrency.
e. Concern: Wildlife - Wildlife will be displaced by the proposed development.
Discussion: Section 3.4.3.1 and Appendix H of the FEIS describe biological resources on the Painted
Hills PRD site. No federally listed or state-listed species or other species of concern were identified on
the Painted Hills PRD site. The existing habitat is degraded, having been planted in non-native turf
grasses with sparsely spaced conifer and deciduous trees lining some of the fairways when the site was
a golf course. Alternatives 2a and 2b will retain a corridor of open space both along the south edge of
the site, and through the riparian area of Chester Creek, allowing wildlife to safely cross the site.
Sections 3.4.3.2 -3 of the FEIS contain a complete discussion of any environmental consequences
identified and subsequent mitigation.
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f. Concern: Utility Management - The utility network will be impacted by the increased demand for
services resulting in decreased service quality to existing users
Discussion: Section 3.4.8 - Energy of the FEIS discusses existing Inland Power and Light service to
the site. As a public utility, Inland Power and Light bears the responsibility to update and maintain its
power grid commensurate with urban growth. As confirmed in discussions with Inland Power and
Light, no power supply improvements are necessary to serve the site and the project will only require
distribution line improvements to serve the future development. The FEIS does not discuss
environmental consequences or mitigation related to utility management.
g. Concern: Pedestrian Safety - Increased traffic will impact pedestrian safety, in particular the three
existing school crossings
Discussion: Section 3.3 of the FEIS - Transportation Impacts generally summarizes the concern that
pedestrian and cyclist safety will be impacted during construction and build-out as a result of speeding
and increased volume and noted specifically a concern of school age children walking to Horizon
Middle School and Chester Elementary School. Section 3.3.2 Environmental Consequences of the
FEIS for both Alternative 2a and 2b provide a complete discussion of the improvements proposed by
the developer and required by the City that includes complete frontage improvements (including
sidewalks and/or pathways) around the perimeter of the site and internally throughout the site,
extension of a 300-foot long sidewalk from the Painted Hills site boundary to eliminate a gap, and a
crosswalk with flashing beacon warning system; Section 3.3.3 of the FEIS provides a complete
description of the Mitigation Measures identified. Speed was not studied as part of the Traffic Impact
Analysis as it is a law enforcement issue.
h. Concern: Fire Protection - The increase in population will strain the existing emergency response
services and the roads can’t accommodate a mass evacuation with the increase in population.
Discussion: General concerns were raised that the project would interfere with evacuation routes in
the event that a wildfire occurs in surrounding rural residential areas. Section 3.4.8.1 - Fire provides a
complete discussion of the potential for such events, logical escape routes, and the beneficial effect of
cross circulation between S. Dishman-Mica Road and S. Madison Road. Fire Department
development specific requirements were provided as part of the agency comments. Section 3.4.8.3
does not identify any related specific mitigation measures.
i. Concern: Pollution -The area will see an increase in pollution as it relates to traffic, construction,
noise, and air quality.
Discussion: Section 3.4.1 of the FEIS describes current air quality conditions, potential conditions
associated with construction and build out, and mitigation measures to address both construction and
cumulative effects. Section 3.4.7 describes current noise levels on and around the Painted Hills site
and potential noise levels during construction and throughout the lifetime of the PRD. Construction-
related noise will be limited to the times and levels prescribed in the City of Spokane Valley’s
Municipal Code (SVMC) 7.05.040(K)(1).
j. Concern: The Aquifer - The Spokane Valley-Rathdrum Prairie Aquifer will be negatively impacted
during construction and through long term use of the PRD.
Discussion: A portion of the site lies over the Spokane Valley-Rathdrum Prairie Sole Source Aquifer.
On the Painted Hills site the aquifer is overlain by a relatively slow-draining topsoil layer and varying
groundwater depths. The aquifer is susceptible to pollution. Sections 3.1.2 and 3.1.3 of the FEIS
provide a complete discussion of the potential effects of the project on the Spokane Rathdrum Prairie
Aquifer and concludes that no significant water quality or quantity impacts to the aquifer are
anticipated.
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k. Concern: City Liability - The city and its taxpayers may be held liable if bond obligations aren’t met
and if the homeowners association does not execute their requirements.
Discussion: Sections 3.2.2 and 3.2.3 of the FEIS discuss how the flood control system will be owned
and maintained by the Homeowner’s Association (HOA), what will be done to maintain the solvency
of the HOA and the reserve fund, and presence of a maintenance bond. Specific concerns addressed
include who will maintain the flood control system, monitoring, funding, enforcement, and alternative
responsibilities in the event of HOA insolvency. The FEIS mitigation addresses all of the above topics,
and includes the caveat that the maintenance bond “be structured to allow the City and/or a future
flood improvement district, if created, to access funds to perform operation and maintenance
responsibilities on the flood control system if necessary.” A waiver of remonstrance recorded on all
lots would allow later formation of a flood control district to ensure that ownership, maintenance and
repair responsibility is provided for indefinitely and does not become the responsibility of the residents
outside of the development. See Section 3.2.3 of the FEIS for the complete list of mitigation measures
that address each topic.
Although the SRSM requires an HOA be established and identifies specific requirements be addressed
in the O&M manual, the continued operation of the HOA cannot be assured. It is the City’s
experience that HOA’s can dissolve or become defunct over time. If this were to occur the City may
become responsible for the continued operation of the flood control system. Due to the magnitude and
importance of this system, a qualified professional is required to oversee the operation which creates
an ongoing financial burden. Should the HOA dissolve the City may become responsible to assume
this role at a cost to the taxpayers. Conversely a flood control district, which specializes in the
administration of flood control systems, is a taxing district that cannot be dissolved without first a
public hearing. The formation of a flood control district would ensure the continued competent
operation and maintenance of the flood control system without transferring the cost burden to the
residents outside of the development.
Although the mitigation provides that a flood control district may be formed by requiring a waiver of
remonstrance be recorded on each lot, in order to avoid disruption to the operation and maintenance of
the flood control system, or a transfer of the financial burden to the City, it does not require it. The
flood control district should be established to assure appropriate fees are collected and responsibilities
met for the continued operation and maintenance.
l. Concern: Road Impacts - construction, noise, and air quality - The large number of construction trips
that will come with the high volume of grade and fill will damage the streets, create nuisance noise,
and negatively impact air quality.
Discussion: The increased truck traffic will impact residential traffic users. Impacts could include
traffic delays due to the additional truck traffic on the roads, inconvenience and potential danger
caused by dust and spilled fill material on the road. The additional truck traffic could result in damage
to existing roadway infrastructure including pavement surfaces, signs, and guardrails. Section 3.3.2 of
the FEIS and the Truck Haul Plan (Appendix G) discuss construction-related traffic, fill quantity,
timing, routes, and impact to local roads. Implementation of the mitigation measures as identified in
Section 3.3.3 of the FEIS, in particular the mitigation requirement to finalize a truck-haul plan,
approved by the City to ensure that the traffic-related effects of on-site fill activities are sufficiently
mitigated.
Conclusion(s):
The procedural requirements of the State Environmental Policy Act (SEPA) have been fulfilled by the
issuance of the City’s threshold determination of DS and completion of the FEIS. The applicable mitigation
identified in the FEIS has been included as recommended conditions of approval with the underlying permits.
B. CHAPTER 21.30 SVMC FLOODPLAIN REGULATIONS
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1. Flooding:
Staff Analysis: Flood flows enter the site from both the south (Chester Creek Golf Course Overflow) and
the northeast (unnamed tributary of Chester Creek). FEMA identifies a majority of the project site as
being in a Special Flood Hazard Area (SFHA) Zone AE (the area that will be inundated by the flood
event having a 1-percent chance of being equaled or exceeded in any given year, also known as the base
flood or 100-year flood), a small portion being located within the Zone X - Other Flood Areas (areas of
0.2% annual chance of flood), and a much smaller portion of the site being in another designation of Zone
X - Other Areas (areas determined to be outside the 2% annual chance of floodplain). Zone AE is further
identified on the FIRM as a Compensatory Storage Area which requires there shall be no net loss of flood
storage or infiltration capacity and no obstruction shall be permitted in any storage area which restricts or
diminishes flood water conveyance capacity or floodway characteristics.
Flood hazards were studied as part of the project design and EIS. The project proposes to revise the
floodplain boundaries and the pertinent FEMA Flood Insurance Rate Maps (FIRM), panel number
53063C0751D, effective July 6, 2010, proposing to contain flood flows within the project to culverts,
open channels, settling pond and infiltration pond, through the construction of flood control
improvements. The infrastructure mitigates the net loss of flood storage and infiltration capacity without
increasing the surface water elevation of the base flood to adjacent properties or compromising the
floodway by constructing flood facilities that propose to capture, convey and rapidly infiltrate the flood
flows. The map revision will enable the proposed residential and commercial development to be
constructed outside of a FEMA regulated flood hazard area.
Flood models and the accompanying report in support of the proposed floodplain map revision were
provided by WEST Consultants, Inc. A flood control narrative was provided by Whipple Engineers. As
part of the EIS process, elements of the system were evaluated and designed to have redundant safety
features in the event an element fails.
The stormwater control improvements were designed in compliance with SVMC Chapter 21.30
Floodplain Regulations and the SRSM. As part of project approval, FEMA will review the design for
compliance with Federal regulations. The Applicant is currently pursuing a Conditional Letter of Map
Revision (CLOMR) with FEMA which is required prior to issuing permits for development within the
floodplain. FEMA’s final approval will be documented by their issuing a Letter of Map Revision
(LOMR) to the Applicant which is required prior to final plat. The LOMR documents that the floodplain
boundary has been officially revised. Copies of both letters are to be received by the City and Spokane
County.
C. CHAPTER 21.40 SVMC CRITICAL AREAS
1. Wetlands:
Staff Analysis: No wetlands, as defined by City of Spokane Valley, the Washington State Department of
Ecology (DOE), or the US Army Corps of Engineers (USACE) have been identified on the Painted Hills
site.
2. Wildlife:
Staff Analysis: No federally listed or state-listed species or other species of concern were identified on
the Painted Hills PRD site. The existing habitat has been degraded having been planted in non-native turf
grasses with sparsely spaced conifer and deciduous trees lining some of the fairways when the site was a
golf course. FEIS Alternatives 2a and 2b will retain a corridor of open space both along the south edge of
the site, and through the riparian area of Chester Creek, allowing wildlife to safely cross the site.
The Rocky Mountain Elk has been identified on site; however, this species is not identified as sensitive
by State or Federal wildlife agencies. A Biological Evaluation was prepared by Biology Soil & Water Inc
in 2019 that provided guidance for a monitoring plan that is included in the conditions of approval.
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3. Geo-Hazard Areas:
Staff Analysis: The Painted Hills site is mapped by the Natural Resources Conservation Service (NRCS)
as Nacisse Silt Loam, zero to three percent slopes, prime farmland if drained; and Phoebe Sandy Loam,
zero to three percent slopes, prime farmland if irrigated.
A Geohazard Evaluation was prepared by Inland Pacific Engineering Company in March 2015 that
concluded that with good construction practices the potential for geologic hazard is low. An erosion
control plan that complies with the Stormwater Management Manual for Eastern Washington
(SWMMEW) and SRSM is required for the project and will be implemented during construction.
Additional erosion control measures are required to be implemented during construction consistent with
the SRSM and the SWMMEW. Following construction, soils would be stabilized by paving, building,
and landscaping/vegetation.
4. Cultural Resources:
Staff Analysis: A Cultural Resource Survey for the site was prepared in April 2018 by licensed
Archaeologists with Plateau Archaeological Investigations. This survey concluded that no historic
properties will be affected as a result of the proposed development.
5. Critical Aquifer Recharge Areas:
Staff Analysis: The FEIS analyzes the potential effects of the project on the Spokane Valley Rathdrum
Prairie Aquifer. No significant water quality or quantity impacts to the aquifer are anticipated.
Flood water will be directed through elements of the flood control system prior to infiltration.
Conclusion(s):
The proposed subdivision and PRD is consistent with and complies with the requirements of chapter 21.40
SVMC. The mitigation identified in the FEIS have been incorporated as conditions of approval with the
underlying permits where necessary.
V. COMPLIANCE WITH CHAPTER 22.20 SVMC (CONCURRENCY)
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, or in the case of
transportation “concurrent with development” which 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.
A. Traffic Concurrency
Traffic Concurrency was issued by the Spokane Valley Traffic Engineer on February 23, 2017, with an
expiration set at 5 years after preliminary plat approval. The Certificate reserved 545 PM peak hour trips for
the project and established conditions of approval to address on-site and off-site impacts resulting from the
project. The 5-year expiration timeframe will not begin until the preliminary plat has been approved.
B. Water Concurrency
A Certificate of Water Availability from Spokane County Water District #3 dated March 16, 2015, indicates
water service will be provided by the construction of a water distribution system on the site by the
developer. The certificate states water service will require an improvement to the water system by the
contractor of the construction of a distribution system on site. The certificate also indicates the project is
Staff Report and Recommendation to the Hearing Examiner for SUB-2015-0001/PRD-2015-0001 (Painted Hills PRD)
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consistent with the water purveyor’s Washington Department of Health (DOH) approved water system and
the water system has a current DOH Operating permit allowing the number of new taps or water requested.
The certificate is valid for one year from the date of signature. On December 29, 2022, the City sent a letter
saying that Spokane County Water District #3 provided comments on an unrelated project that the water
district is “operating on a limited supply of water rights in water system 93351N”. The applicant amended
the FEIS to include a discussion addressing this concern. A condition has been added that a valid water
certificate be provided to the city before any further city permits, or related approvals, are issued by the city.
C. Sewer Concurrency
A Certificate of Sewer Availability from Spokane County Public Works dated March 13, 2015, states that
Spokane County Public Works 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. The signed certificate is valid as long as the referenced
project remains active and is not modified.
Conclusion(s):
The proposal complies or will comply with the requirement of chapter 22.20 SVMC (Concurrency) pertaining to
transportation, water and sewer concurrency. Section IX includes conditions of approval that will ensure
compliance with this section.
VI. COMPLIANCE WITH CITY OF SPOKANE VALLEY COMPREHENSIVE PLAN - FINDINGS:
The City’s comprehensive plan has a series of goals and policies relevant to this PRD and subdivision proposal,
described and referenced here, as appropriate.
A. Goal LUG-1: Preserve and protect the character of Spokane Valleys Residential Neighborhoods.
Staff Analysis: The existing vicinity is primarily single-family residential. The proposed development would
add a new character to the area with the addition of mixed-use development, additional commercial land uses,
and multi-family housing.
B. LUP-1.1: Maintain and protect the character of existing and future residential neighborhoods through
the development and enforcement of the City's land use regulations and joint planning.
Staff Analysis: This proposal will incorporate higher intensity uses adjacent to existing uses. The
development proposed complies with chapter 19.50 SVMC, Planned Residential Development. The applicant
proposes use of open space to buffer proposed development from existing uses. This will minimize the impact
on the surrounding area.
C. LUP-1.2: Protect residential areas from impacts of adjacent non-residential uses and/or higher
intensity uses through the development of enforcement of the City's land use regulations and joint
planning.
Staff Analysis: The proposed PRD differs from the existing character in the surrounding vicinity. As
proposed, the development complies with chapter 19.50 SVMC Planned Residential Development.
D. LUP-1.4: Encourage the development of transportation routes and facilities to serve residential
neighborhoods. Special attention should be given to pedestrian circulation.
Staff Analysis: The proposed development will involve improvements to the existing road system as well as
the incorporation of a pedestrian trail system. No new transit stops have been proposed in association with
this development.
E. LUP-1.5: Encourage the development of parks and the dedication of open space in and adjacent to
residential areas. Open space dedication shall be proportionate to the size of the development.
Staff Report and Recommendation to the Hearing Examiner for SUB-2015-0001/PRD-2015-0001 (Painted Hills PRD)
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Staff Analysis: Chapter 19.50 SVMC, requires the PRD dedicate approximately 30% of the total project area
as open space. The PRD as proposed meets this requirement. Each area will be connected by open space
corridors. Establishment of a public park has not been included in the proposal.
F. LUP-1.6: Preserve site characteristics that enhance residential development (trees, bodies of water,
vistas, and similar features) using site planning techniques such as clustering, planned unit
development, transfer of development rights and lot size averaging.
Staff Analysis: The proposal is for a PRD that will have impacts on the site characteristics. An
Environmental Impact Statement was created to analyze and mitigate these impacts. Open space is included in
the proposal that will preserve some natural features including Chester Creek, however the development at
large will change the nature of the site and vicinity.
G. GOAL LUG-2: Encourage a wide range of housing types and densities commensurate with the
Community’s needs and preferences.
Staff Analysis: This PRD proposal will increase the range of housing types and will follow the density
requirements of the underlying R-3 zoning district.
H. LUP-2.3: Encourage the development of transportation routes and facilities to serve residential
neighborhoods. Special attention should be given to walking, biking and transit use.
Staff Analysis: The PRD proposal includes a pedestrian trail system through the development. This
pedestrian trail system will feed into the city’s existing transportation network. The nearest transit stops are
nearly a mile north of the subject property.
I. LUP-2.4: Residential development should be designed to provide privacy and common open space.
Open space areas shall be proportionate to the size of the residential development.
Staff Analysis: Chapter 19.50 SVMC, requires the PRD provide a total of 30% open space. The PRD meets
the minimum requirements for open space. The development will provide a new form of housing to the area
such as townhouse style, cottage housing, and apartments. Open space will be utilized as buffers.
J. Goal LUG-4: Provide neighborhood and community scale retail centers for the City's neighborhoods.
Staff Analysis: The PRD will provide for new commercial development in compliance with chapter 19.50
SVMC, which allows 50-square-foot of commercial space times the number of units in the development. Up
to 29,000 square feet of commercial can be included in the PRD and may provide new retail options to the
community.
K. Goal LUG-7: Provide a balanced transportation network that accommodates public transportation,
high occupancy vehicles, pedestrians, bicyclists, automobiles and integrated parking.
Staff Analysis: Traffic improvements will be included as part of development of this PRD proposal. The goal
of the improvements will be to accommodate the increase in traffic to the area. A new pedestrian trail system
will also be included on site. The proposal will not provide an increase in public transportation options, and
the nearest transit stop is approximately one mile north.
L. LUP 7.2: Encourage pedestrian and bicycle circulation by providing public sidewalks, street trees,
street furniture and other amenities.
Staff Analysis: The proposed development will provide an on-site pedestrian trail system that will be
accessible to the public. At least 30% of the site is required to be retained as open space and provide potential
recreational opportunities.
M. LUP 7.3: Require clear and safe pedestrian paths to enhance the pedestrian network.
Staff Analysis: The site includes a pedestrian trail system that will enhance the pedestrian network.
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N. LUP 7.6: Encourage transit use by improving pedestrian and bicycle linkages to the existing and
future transit system.
Staff Analysis: The nearest transit stop is approximately one mile to the north on E 32nd Avenue. Although
the site is proposing to add a pedestrian trail system, it does not connect with, nor incorporate, public
transportation.
O. Goal LUG-14: Improve the appearance and function of the built environment.
Staff Analysis: The PRD will include a build out that will improve the appearance of the area by eliminating
a vacant lot. The development will be consistent with the intent of its zoning district.
P. LUP-14.1: Use performance and community design standards to maintain neighborhood character,
achieve a greater range of housing options, and to create attractive and desirable commercial and
office developments.
Staff Analysis: The PRD will increase the range of housing options and provide desirable commercial and
office space. However, it will be difficult for these features to also maintain neighborhood character just by
nature of the current uses in the area being of less intensity.
Conclusion(s):
The subdivision and PRD meets the intent or will meet the intent of the City’s Comprehensive Plan provided that
the conditions of approval set forth herein are imposed and implemented.
VII. FINDINGS AND CONCLUSIONS SPECIFIC TO PUBLIC COMMENTS
The Notice of Application was mailed to adjacent property owners and published in the newspaper on August 21,
2015. During the Notice of Application and SEPA comment period, the City received significant comments that
led to the City issuing a DS (see exhibit 16). All comments received through the Scoping process or, the DEIS
process, have been incorporated into the FEIS issued on June 6, 2023. Notice of Public Hearing was published on
January 12, 2024, and January 19, 2024, posted on the site on January 12, 2024, and mailed to property owners
within a 400-foot radius on January 12, 2024. Additional notice was emailed to the interested parties of record.
The City anticipates receiving comments in response to the notice of public hearing and will prepare the
comments to be added to the record.
Conclusion(s):
Adequate public noticing was conducted for SUB-2015-0001 and PRD-2015-0001 in accordance with adopted
public noticing procedures.
VIII. FINDINGS AND CONCLUSIONS SPECIFIC TO AGENCY COMMENTS
The Notice of Application was routed to jurisdictional agencies, utilities, and public districts for review and
comments. Agency comments are attached in Exhibit 17 to this staff report and recommendation. Requests for
written comments were sent to the following agencies.
Agency Received Comment Comment Dated
City of Spokane Valley Development Engineering Yes January 6, 2016
February 28, 2017
City of Spokane Valley Senior Traffic Engineer Yes October 2, 2015
February 9, 2016
City of Spokane Valley Parks & Rec No
Spokane County Building & Planning Yes March 8, 2016
Spokane County Division of Engineering & Roads Yes January 13, 2016
Staff Report and Recommendation to the Hearing Examiner for SUB-2015-0001/PRD-2015-0001 (Painted Hills PRD)
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Spokane County Division of Utilities Yes September 16, 2015
Spokane County Environmental Service Department Yes September 23, 2016
Spokane Valley Fire Department Yes August 31, 2015
October 5, 2016
Spokane County Fire District 8 Yes October 14, 2015
Spokane Valley Police Department No
Spokane Transit Authority No
Spokane Regional Health District Yes September 21, 2015
Spokane County Water District No. 3 Yes August 28, 2015
Central Valley School District Yes September 9, 2015
WA State Department of Ecology
Yes
November 19, 2018
September 14, 2015
September 28, 2017
Spokane Tribe of Indians Yes September 1, 2015
October 11, 2016
WA State Department of Archaeology & Historic Preservation Yes October 5, 2016
WA State Department of Fish & Wildlife Yes November 16, 2018
Spokane Region Clean Air Agency No
Century Link No
SEFNCO Communication No
Comcast No
Avista Utilities Yes September 18, 2015
Conclusion(s):
The City received agency comments at various times throughout the project review in addition to the notice of
application that included scoping notices, floodplain review, DEIS review, etc. However only those comments
received during the notice of application are identified in the table above as the FEIS process incorporated the
comments appropriately. The conditions of approval reflect agency comments relating to conformity to applicable
standards and regulations for the physical development of the site.
IX. CONCLUSION(S)
PRD- 2015-0001 is consistent or can be made consistent through the application of conditions of approval, with
the City’s Comprehensive Plan; Title 19 SVMC - Zoning Regulations; Title 21 SVMC – Environmental Controls;
Chapter 22.20 SVMC – Concurrency, the Spokane Valley Street Standards, the Spokane Regional Stormwater
Guidelines Manual; and the Spokane Regional Health District regulations. SUB- 2015-0001 is consistent or can
be made consistent through the application of conditions of approval, with the City’s Comprehensive Plan; Title
19 SVMC - Zoning Regulations; Title 20 SVMC - Subdivisions Regulations; Title 21 SVMC – Environmental
Controls; Chapter 22.20 SVMC – Concurrency, the Spokane Valley Street Standards, the Spokane Regional
Stormwater Guidelines Manual; and the Spokane Regional Health District regulations.
X. PERMIT PROCESSING
Due to the complexity of the project and the numerous permits involved from local, state and federal agencies it is
important to understand the permits required and the sequence of actions and permits. Section 2.2.5 of the FEIS
describes the relationship between FEMA and the local process in detail. The diagram below identifies the
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sequence of permits or approvals that are required if the project is approved by the Hearing Examiner. The
conditions recommended for approval are intended to ensure that modifications to the floodplain occur consistent
with FEMA review and precede land use development that would not otherwise be allowed. Only after FEMA
issues the LOMR can the final plat be recorded. Legal lots must be established by the recorded plat prior to
issuing building permits for the structures proposed in the PRD.
XI. STAFF RECOMMENDATION
The Planning Division has reviewed PRD-2015-0001 and SUB-2015-0001, the submitted application and
applicable approval criteria, and recommends that the Hearing Examiner approve PRD-2015-0001 and SUB-
2015-0001 only if all of the conditions of approval specified herein are imposed and implemented:
XII. STAFF RECOMMENDED PLANNED RESIDENTIAL DEVELOPMENT (PRD) CONDITIONS:
1. The PRD shall be developed generally as approved on site plan exhibit 8.
2. The approved preliminary PRD shall have a maximum density of 6 dwelling units per acre.
3. PRD-2015-0001 shall be contingent upon the LOMR issued by FEMA, and the subsequent recording of
SUB-2015-0001 or phases thereof. If either of these actions does not occur, then approval of PRD-
2015-0001 is void. If the preliminary plat expires, then the PRD approval is void.
4. Commercial uses are subject to commercial review procedures and shall be reviewed for compliance at
the time of building permit. A commercial pre-application meeting is required.
5. Commercial uses shall be limited to a total of 29,000 sf, or a ratio of 50 sf per unit if the number of
residential dwelling units is reduced by a modification to the PRD.
6. Commercial uses within the PRD shall be limited to those allowed in Neighborhood Commercial Zone
effective on August 14, 2015. See Exhibit 18.
Staff Report and Recommendation to the Hearing Examiner for SUB-2015-0001/PRD-2015-0001 (Painted Hills PRD)
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7. Building permits for commercial structures or multifamily residential units may be issued only after
construction of at least 35% of the residences (attached or detached) in the PRD are issued a certificate
of occupancy.
8. The development shall provide a minimum of thirty percent (30%) Open Space, per City code
requirements prior to final plat approval. A total of 29.8 acres of open space is required. Pedestrian
access shall be provided to the southerly 3 acres of passive open space area in the form of steps, ramp,
or other similar method to accommodate access through the sloped perimeter area. If access cannot be
provided to the area, then a new PRD design shall be submitted that shows the total area open space
requirement has been met. The modified PRD design cannot result in an increase in lots, or adjustments
to the street network that would change the location of current connections to S. Madison Road, Thorpe
Road, or S. Dishman-Mica Road.
9. Off-street parking for all uses within the PRD shall be provided consistent with Chapter 22.50 SVMC.
10. Modifications to the PRD may only be approved as follows:
10.1. Minor adjustments shall be considered by the director and/or designee and may be made
consistent with SVMC 19.50.070.B(1) in effect on August 14, 2015; and
10.2. All other modifications or adjustments shall be considered as a Major Adjustment and shall be
considered by the Hearing Examiner consistent with SVMC 19.50.070.B(2) in effect on August
14, 2015.
11. The following improvements to the dedicated open space shall be made prior to final approval of the
PRD, or final plat approval. If the development is phased, those open space areas adjacent to the phase
to be developed shall be improved minimally as follows:
11.1. Construction debris and hazards shall be removed.
11.2. Rough grading and establishment of grass cover over the portions of the site that will be fields.
12. Mitigation measures shall be implemented consistent with those listed in the November 15, 2018, letter
received from the Carmel of the Holy Trinity convent. The mitigation measures identified below shall
be considered a minimum, and additional landscaping may be incorporated:
12.1. During initial development of the site, the owner shall plant, at her/her own expense, western red
cedars or other mutually agreed upon evergreen trees of sufficient size, number, and spacing to
provide a visual and sound buffer on the southern and eastern sides of the Carmel’s wall and on
the western edge of the 878-foot buffer described in #8 below. The number and spacing of trees
shall consider the goal of providing visual and sound buffering while allowing the growth of trees
to full maturity. All trees will be located on the Painted Hills site. Consideration shall be given
to preservation of existing vegetation. Trees shall be watered, maintained, and replaced as
needed to provide a vegetated screen between the project and the Carmel. No vegetation shall be
permitted to touch or hang over the Carmel’s wall, except for the hedges mentioned in #3 below.
12.2. Public use of the vegetated buffer will be restricted and may not contain trails or other public
amenities.
12.3. Fences shall not touch or be connected to the Carmel wall. In order to limit public use of the
space along the Carmel wall without using fences, hedges shall be maintained in lieu of fences to
join the property owner’s fence to the Carmel wall at the extremities of the buffer zones
(perpendicular to the Carmel wall on the norther end of its eastern wall (near the proposed
cottages), on the eastern end of its southern wall (near the single family units), and toward the
western end of its southern wall (western end of the multi-family units)). These hedges will be
chosen so as to be of a nature to inhibit passage as well as to prohibit climbing over the wall.
Staff Report and Recommendation to the Hearing Examiner for SUB-2015-0001/PRD-2015-0001 (Painted Hills PRD)
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12.4. Single family and cottage homes along the southern and eastern side of the Carmel’s wall shall be
limited to single story.
12.5. Single family and cottage homes will be subject to no less than the back property boundary set
back, as prescribed by the requirements of the SVMC 19.40.020.
12.6. The trail between cottage homes and the eastern Carmel wall will be limited to tenant-use only
and not be open for public use.
12.7. Windows on multi-family buildings will be configured away from viewing into the Carmel. No
windows or balconies will be on the north facing sides of the multi-family buildings.
12.8. The initial 87-fweet along the Carmel’s southern wall on the site of the proposed multi-story
buildings shall be restricted to the following activities: parking, garage placement, landscaping.
12.9. All the identified conditions shall be memorialized as CC&Rs for the PRD and shall apply to
subsequent owners of the property.
XIII. STAFF RECOMMENDED SUBDIVISION CONDITIONS: THE FOLLOWING CONDITIONS APPLY TO THE
APPROVAL OF SUB-2015-0001
A. Planning
1. This subdivision shall adhere to all PRD conditions set forth in section XII of this report and as
approved in PRD-2015-0001.
2. An inadvertent discovery plan (IDP) shall be provided to the City prior to the occurrence of any land
disturbance or construction related activities. The IDP shall be maintained on-site at all times during
development.
3. The approved preliminary plat shall have a maximum of 307 lots unless a preliminary plat alteration is
approved pursuant to chapter 20.50 SVMC (Subdivision Alterations).
4. Alterations to the approved preliminary plat may be requested pursuant to chapter 20.50 SVMC
(Subdivision Alterations) as currently adopted or hereafter amended and so long as the alteration is
consistent with approved PRD-2015-0001.
5. 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 so long as they are consistent
with PRD-2015-0001 as approved. These changes and modifications include:
5.1. Engineering design that does not alter or eliminate features specifically required as a condition of
preliminary plat approval or PRD-2015-0001;
5.2. Changes in lot dimensions that are consistent with the underlying zone, and/or PRD-2015-0001,
provided no increase in the number of lots occurs, and no public or private right-of-way is
decreased in width; or
5.3. 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.
5.4. In the event a modification occurs under this section, the modification shall be provided on the
final plat prior to final plat approval.
6. 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
Staff Report and Recommendation to the Hearing Examiner for SUB-2015-0001/PRD-2015-0001 (Painted Hills PRD)
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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.
7. 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 actually
surveyed. A survey is required on all final plats. All surveys shall comply with the Survey Recording
Act (chapter 58.09 RCW), Survey and Land Descriptions (chapter 332-130 WAC).
8. Pursuant to SVMC 20.30.050 (Expiration of Preliminary Approval), 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 timely submitted and approved, the
preliminary plat approval expires, and the preliminary plat is null and void.
9. 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.
10. A final subdivision application that complies with all the submittal requirements specified in chapter
20.40 SVMC shall be submitted for review and approval.
11. If a phasing plan is submitted it shall be consistent with the criteria of SVMC 20.40.050.A-E and
chapter 19.50 SVMC and may be submitted for review and approval by the City following the issuance
of the LOMR by FEMA.
12. 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.
13. Pursuant to SVMC 20.80.040 (Recordation), all fees for recording shall be paid by the applicant prior to
recording.
14. A valid certificate of water and sewer availability shall be provided prior to any further development
related decisions to be issued by the City including land use permits, grading permits, construction
permits, etc.
15. The final plat shall contain a note on the face of the plat that identifies the rules and limitations of PRD-
2015-0001 and flood control district obligations. The language shall be provided by the City upon
request prior to submitting the final plat.
16. Addresses have been assigned for use in the subdivision – See Exhibit 19. The addresses shall be
designated on the final plat consistent with exhibit 19 unless otherwise approved by the City.
B. Spokane Valley Development Engineering
1. Approval of SUB-2015-0001 shall be contingent upon all the conditions identified in this section B
being completed.
2. 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 City of Spokane Valley Street Standards
(SVSS) or as amended, the 2008 Spokane Regional Stormwater Manual (SRSM) or as amended, the City
of Spokane Valley Municipal Code (SVMC) and all other federal, state, and local regulations including
those for Spokane County, as applicable.
3. Review of on-site civil plans and supporting documents cannot proceed until an application for a Land
Disturbance permit has been received. All documents (plans, reports, etc) must be submitted through
the Building Department Permit Center located at 10210 E. Sprague Avenue.
Staff Report and Recommendation to the Hearing Examiner for SUB-2015-0001/PRD-2015-0001 (Painted Hills PRD)
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4. Prior to Spokane Valley’s and Spokane County’s sign-offs on the Community Concurrence section of
FEMA MT-2 Form 1 for FEMA’s review of the flood control system project for the CLOMR the
following shall be completed by the applicant:
4.1. A flood control district (FCD) shall be formed for the perpetual funding, operation and
maintenance of the flood control systems in Spokane Valley and Spokane County. The applicant
or designated representative shall prepare a petition and submit it to Spokane County to initiate
and complete the formation of the flood control district and shall provide support to the County
through the formation process.
4.2. A stamped operation and maintenance (O&M) manual shall be prepared for the flood control
systems, which are under the responsibility of the flood control district (FCD), unless Spokane
County provides its own manual. The O&M manual for the flood control systems shall include
tasks to prepare for flooding emergency response and recovery.
4.3. If a design is to be pursued based on flood water disposal method other than what is proposed for
Alternative 2b Low Infiltration, then geotechnical testing supporting the design shall be
performed and submitted to the City for review and approval. A Floodplain Development permit
shall be obtained from the City for this testing.
4.4. Flood control system design description shall include a discussion describing how construction
will proceed such that at the end of each September enough of the system is completed so that it
can handle the upcoming winter storms.
4.5. Flood control system plans shall include a construction note requiring that at the end of each
September during the construction of the flood control systems, the site shall be prepared for the
upcoming winter storms and the City Development Engineering Construction Inspector shall be
contacted to confirm preparations.
4.6. Revisions to the flood control systems design shall be incorporated and revised project documents
shall be submitted for review and approval. Culvert headwalls and rock walls greater than 4 feet
high shall be reviewed and approved by the City. Provide copies of the approved designs to the
Spokane Valley Public Works Department.
5. Following FEMA’s issuing a CLOMR and prior to approval of the Grading and Floodplain
Development permits for the construction of the flood control system project, the following shall be
accomplished by the applicant:
5.1. A performance surety shall be required upfront by the City for the construction of the flood
control system itself to ensure its completion.
5.2. If any on-site (outside of the flood control system) improvements are to be constructed while the
flood control system is being constructed, then prior to beginning this construction, the
engineering design documents and the O&M manual with financial plan are to be submitted for
review and shall be approved and the HOA shall be created.
5.3. Provide a copy of the CLOMR from FEMA to the City and Spokane County. If FEMA requires
any changes to the project, submit revised design for review and approval by the City. The City
will determine if the revisions require a change of conditions by the Hearing Examiner.
5.4. Provide documentation to the City of the resolution of the Applicant’s ownership or rights of
access to the Gustin Ditch and triangle pond.
5.5. 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. The grading permit shall be obtained
following the pre-construction meeting.
Staff Report and Recommendation to the Hearing Examiner for SUB-2015-0001/PRD-2015-0001 (Painted Hills PRD)
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6. Following construction completion and prior to Spokane Valley’s and Spokane County’s sign-off on
the MT-2 form for the flood control system project submittal to FEMA for the LOMR, the following
shall be required:
6.1. Determination by City that the constructed improvements are in conformance with the approved
permit plans.
6.2. Drywell registrations, HOA UBI number, and CC&R’s associated with the non-flood control
system improvements.
6.3. As-built plans certified by a registered Professional Engineer for all project elements.
6.4. Letter from design engineer certifying project constructed according to approved plans and
specifications.
6.5. Construction Certification Package
6.6. An updated floodplain design narrative to state the applicant has received the CLOMR and has
now built to those specifications.
7. Following FEMA’s issuing a LOMR and prior to final project approval of the flood control system as
required for final plat, provide:
7.1. A copy of FEMA’s LOMR to the City and Spokane County.
Prior to final plat:
8. A Homeowners Association (HOA) shall be formed for the perpetual operation and maintenance of
private streets/pathways, drainage tracts and associated drainage facilities (outside of the flood control
systems), and common areas.
9. A draft copy of the CC&Rs for the HOA shall be submitted with the initial submittal of final design
plans for the streets, stormwater, and common areas.
10. An operation and maintenance (O&M) manual per SRSM Chapter 11 shall be prepared for the facilities
and common areas which are under the responsibility of the Homeowners Association (HOA).
Operations and Maintenance Manuals shall be submitted with the initial submittal of final design plans
for the streets, stormwater, and common areas under the responsibility of the HOA. Prior to plan
approval, the Operations and Maintenance Manual, which includes all operations and maintenance
information for the street and stormwater systems shall be accepted.
11. The operation and maintenance manual for the HOA shall stipulate that the HOA contract for any
maintenance requiring specialized knowledge, experience, training or certification and shall include a
requirement that each October the HOA shall provide documentation to the Spokane Valley Public
Works Department which includes:
11.1. Evidence of the filing of the annual report to the Secretary of State;
11.2. General status of the reserve fund account;
11.3. Reserve fund calculations have been reviewed and adjusted as necessary based on the recent
actual cost of operation and maintenance and
11.4. Specific inspections, findings, and maintenance performed since the previous report.
12. The entire Project shall be accessed by one new public local access street that intersects S. Dishman-
Mica Road and four new public local access streets that intersect Madison Road. Gates are not
permitted on public streets per SVSS 7.7.6.
13. Bicycle and pedestrian facilities shall be completed along the site frontages, including a continuous six-
foot-wide pedestrian walkway around and throughout the Painted Hills PRD site.
Staff Report and Recommendation to the Hearing Examiner for SUB-2015-0001/PRD-2015-0001 (Painted Hills PRD)
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14. The project shall construct a new flashing beacon and cross walk at the intersection of East 40th
Avenue and South Madison/South Pines to facilitate safe pedestrian and cyclist access adjacent to
Horizon Middle School. At any time, the City may make modifications to this intersection if it
determines that such modifications are necessary for the health, safety, and welfare of the traveling
public.
15. Streetlights and parking lot light fixtures, if provided, shall be owned and maintained by the HOA and
shall incorporate shields to ensure compliance with City foot-candle lighting requirements, mounting
heights, and wattage.
16. A soils investigation and pavement design are required for all streets per SVSS Chapter 8.
17. Prior to the initiation of mass-grading activities associated with the project, the applicant will install a
two-way left turn lane on S. Dishman-Mica Road and a right-turn northbound lane on S. Dishman-Mica
Road at the proposed new entry road into the PRD.
18. S. Dishman-Mica Road is a Minor Arterial. Access to an arterial is limited to a single access point.
Per the Certificate of Transportation Concurrency, the project may have up to two new commercial
driveway approaches on S. Dishman-Mica Road along the frontage of the project. The following
conditions are based on the current design of the Project and may be subject to review and revision if
conditions change in the future.
18.1. The northernmost commercial driveway approach shall access the apartments only and shall be
restricted to right-in/right-out by means of a raised median along S. Dishman-Mica Road or via a
pork chop island within the driveway. The design of the median or pork chop shall be approved
by the City.
18.2. The southernmost commercial driveway approach shall access the northern commercial site only
along S. Dishman-Mica and may be a full movement driveway with a two-way left-turn lane
along S. Dishman-Mica for left-turn access.
19. S. Dishman-Mica Road is designated as a 3-Lane Minor Arterial and half-street frontage
improvements are required per SVSS Chapters 2 and 7. Required improvements are detailed below:
19.1. 22’ of asphalt width from street centerline to edge of gutter.
19.2. 2’ wide Type ‘B’ curb and gutter per SVSS Std. Plan R-102.
19.3. 10’ wide roadside swale per SVSS Std. Plan S-130. The applicant shall install seed/grass in the
roadside swale and maintain the swale.
19.4. 6’ wide concrete sidewalk per SVSS Std. Plan R-103.
19.5. The Project shall construct southbound left-turn lanes on a) Dishman-Mica Road at the
intersection with the new public local access street and at b) the intersection of Dishman-Mica
Road and Thorpe Road concurrently with the construction of the new public local access street.
The two southbound left-turn lanes shall provide a minimum of 150 feet of queue storage and
shall have the required gap and taper lengths per WSDOT standards.
19.6. Additional improvements as documented within the approved Traffic Impact Analysis and
addendums.
20. The following determines the S. Dishman-Mica Road right-of-way (ROW) and border easement
dedications per SVSS 7.5.2 and 7.5.3. Existing dedication widths were estimated using information
from the Spokane County Assessor’s Office. The project applicant is responsible for verifying all
values listed below.
20.1. The existing half ROW width is 34’.
Staff Report and Recommendation to the Hearing Examiner for SUB-2015-0001/PRD-2015-0001 (Painted Hills PRD)
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20.2. Required half ROW width is 26’.
20.3. ROW dedication not required.
20.4. A Border Easement is required and shall extend from the ROW to the back of
sidewalk/pedestrian path.
20.5. Where the sidewalk/pedestrian path meanders into the project site, a Public Access Easement
shall be provided.
20.6. Building setbacks begin at the edge of border easement.
21. Thorpe Road is designated as a Collector Arterial and half-street frontage improvements are required
per SVSS Chapter 2 and SVSS Std. Plan R-122, “Swale Section”. Required improvements are detailed
below:
21.1. 20’ of asphalt width from street centerline to edge of gutter.
21.2. 2’ wide Type ‘B’ curb and gutter per SVSS Std. Plan R-102.
21.3. 10’ wide roadside swale per SVSS Std. Plan S-130. The applicant shall install seed/grass in the
roadside swale and maintain the swale.
21.4. 6’ wide concrete sidewalk per SVSS Std. Plan R-103.
22. The following determines the Thorpe Road right-of-way (ROW) and border easement dedications per
SVSS Std. Plan R-122. Existing dedication widths were estimated using information from the Spokane
County Assessor’s Office. The project applicant is responsible for verifying all values listed below.
22.1. Existing half ROW width is 25’.
22.2. Required half ROW width is 24’.
22.3. ROW dedication not required.
22.4. A Border Easement is required and shall extend from the ROW to the back of sidewalk.
22.5. 13’ wide Border Easement dedication required.
22.6. Building setbacks begin at the edge of border easement.
23. The existing commercial site located on the southwest corner of the Project site will continue to be
accessed by a single full movement approach on Thorpe Road. At any time, the City may make
modifications to this intersection if it determines that such modifications are necessary for the health,
safety, and welfare of the traveling public.
24. Revisions to the Chester Creek bridge at Thorpe Road shall be coordinated with Spokane Valley Public
Works Department.
25. S. Madison Road is a collector. All lots along Madison Road shall take access from the interior streets
only.
26. S. Madison Road is designated as a Collector Arterial and half-street frontage improvements are
required per SVSS Chapter 2 and SVSS Std. Plan R-122, “Swale Section”. Required improvements are
detailed below:
26.1. 20’ of asphalt width from street centerline to edge of gutter.
26.2. 2’ wide Type ‘B’ curb and gutter per SVSS Std. Plan R-102.
26.3. 10’ wide roadside swale per SVSS Std. Plan S-130. The applicant shall install seed/grass in the
roadside swale and maintain the swale.
Staff Report and Recommendation to the Hearing Examiner for SUB-2015-0001/PRD-2015-0001 (Painted Hills PRD)
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26.4. 6’ wide concrete sidewalk per SVSS Std. Plan R-103. The sidewalk shall extend to the
intersection of 40th Avenue and Pines Road and connect to the existing sidewalk on the west side
of Pines Road.
27. The applicant shall install an approximately 300-foot-long paved pedestrian connection on the west side
of South Madison Road adjacent to the approximately 2-acre Water District #16 property. This
connection will ensure a continuous pedestrian walkway on the west side of South Madison Road
between East Thorpe Road and East 40th Avenue.
28. The following determines the S. Madison Road right-of-way (ROW) and border easement dedications
per Std. Plan R-122. Existing dedication widths were estimated using information from the Spokane
County Assessor’s Office. The project applicant is responsible for verifying all values listed below.
28.1. Existing half ROW width is 30’.
28.2. Required half ROW width is 24’.
28.3. ROW dedication not required.
28.4. A Border Easement is required and shall extend from the ROW to the back of meandering
pedestrian path or storm pipes, whichever is greater.
28.5. Building setbacks begin at the edge of border easement.
29. All internal streets shall be public streets and be designed per SVSS Table 7.3 and Standard Plan R-120.
30. The HOA shall cooperate with Spokane County to ensure right of way is provided at the triangle pond
as necessary for the completion NE 40th Avenue between SR-27 and South Pines Road.
31. The approved TIA identifies a build-out year of 2025 after 7-8 years of phased construction and a
planning horizon year of 2030. However, as described in this EIS, the time period for importing fill and
constructing the project is at least 14 years (four years for importing fill and ten years for phased
construction of the project). The traffic review shall be updated to account for the inconsistency in the
EIS between the original identified build-out year of 2025 and the time period estimated for project
completion. Such update shall include an additional horizon year analysis as determined by fill and
construction parameters as well as FEMA coordination, which is estimated at 2042 or beyond. After
completion of the initial grading and the issuance of the letter of map revision (LOMR) and issuance of
the first phase Final Plat and prior to the issuance of the building permit that would exceed 100
cumulative trips, the Applicant shall complete an update to the approved Traffic Impact Analysis (TIA)
based on a revised build-out year and horizon year. The TIA update shall include updated turning
movement counts and an update to the trips from the vested projects identified in the approved TIA as
well as updated mitigation to account for changing construction costs and mitigation projects. The
applicant shall be responsible for all mitigation identified in the updated and City approved TIA due to
traffic generated by the project.
32. The TIA identified the need for improvements at the 32nd/Pines intersection and the TIA acknowledged
that the Project contributes to the need for improvements at this intersection. As identified, the
Developer shall construct a northbound right-turn lane on Pines Road prior to the City’s issuance of a
certificate of occupancy for the 400th unit of the Project. The storage length for the dedicated right-turn
only lane shall be determined at the time of development. The Developer shall furnish the City an
intersection plan substantially similar to that required by WSDOT Standards for final approval prior to
construction.
33. The TIA identified the need for improvements at the 16th Avenue/Pines/SR 27 intersections. The TIA
acknowledges that the Project contributes to the need for improvements at these intersections. As
identified, additional traffic capacity is needed which requires a new southbound right-turn only lane on
Pines Road and a new traffic signal at 16th and Pines. The Developer shall furnish these improvements
Staff Report and Recommendation to the Hearing Examiner for SUB-2015-0001/PRD-2015-0001 (Painted Hills PRD)
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prior to the City’s issuance of a certificate of occupancy for the 200th unit. The Developer shall furnish
the City an intersection plan similar to that required by WSDOT and Traffic Signal Plans for final
approval prior to construction.
34. The City may seek funding and/or complete traffic improvements at the Pines/32nd or the 16th/Pines/SR-
27 intersections. If the City determines to pursue funding or complete said improvements prior to the
Developer completing the improvements, the Developer shall enter into a voluntary mitigation
agreement with a proportionate contribution toward the City’s improvements for all phases of the
mitigation project including but not limited to preliminary engineering, right-of-way, and construction.
35. All block lengths shall be limited to 600’ per SVSS Section 7.5.14. The block lengths for 42nd Avenue
and Painted Hills Avenue exceed 600’; therefore, a Design Deviation Request shall be required for the
extended block lengths and shall be submitted for approval prior to civil plan submittal.
36. Local access street intersections shall meet the minimum spacing requirements per SVSS Table 7.5. A
Design Deviation Request shall be required for the reduced intersection spacing between Painted Hills
Avenue and 41st Avenue and shall be submitted for approval prior to civil plan submittal.
37. All residential developments with greater than 30 single family dwelling units shall have two (2) street
accesses that meet the Fire Department separation requirement to ensure adequate emergency access
per SVSS Section 7.5.14.
38. In accordance with the SVMC, Zoning Regulations (19.40.020 Residential Standards), all residential
driveways shall be paved. Private driveways shall conform to SVSS Section 7.3.4.
39. Driveway approach design shall follow the 2009 SVSS, or as amended. For residential driveway
approaches, the minimum width is 16’ and the maximum width is 30’ per SVSS Std. Plans R-110
through R-113. Additionally, the approach width shall not exceed 50% of the lot frontage width per
SVSS 7.8.5. Based on these requirements, the minimum required lot width is 32’. Multiple proposed
cottage lots along Painted Hills Avenue have lot widths less than 32’; therefore, Design Deviation
Requests shall be required for reduced driveway approach widths and/or driveway approach widths
exceeding 50% of the lot frontage width. The Design Deviation Requests shall be submitted prior to
civil plan submittal.
40. All stormwater facilities shall 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 consolidated ponds, which are those receiving runoff from more than one lot, shall be
within a tract per SRSM 11.2.
41. Calculations shall be provided demonstrating that stormwater runoff from on-site development outside
of the flood control system shall not contribute to or impact the function of the flood control systems for
storms up to and including the 1-percent-annual-chance-event (100-year) flood.
42. For the triangle property improvements, additional easement rights will need to be granted by the
property owner of APN No. 45343.9052, if the existing easement does not grant rights for the proposed
use outright or if the easement is no longer in place.
43. For the General Construction Notes, use those in the SVSS Appendix 4A rather than those in the SRSM
Appendix 3B.
44. 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 out 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 –
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44.1. 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,
44.2. 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
44.3. Forward a copy of the statement to Spokane Valley Development Engineering. Receipt of
statements will be required prior to plan approval.
45. If sewer and/or water needs to be brought to the properties and to do this requires an Engineering
design, copies of the approved 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.
46. All new dry wells, including those associated with the flood control system, 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: http://www.ecy.wa.gov/programs/wq/grndwtr/uic/UIConlineregis.html for registration forms and
further information. Copies of the registration for drywells, which receive public road stormwater
runoff, are to be sent to Development Engineering. The City of Spokane Valley NPDES Permit Number
is WAR04-6507.
47. A Construction Stormwater Permit shall be obtained from the Department of Ecology. Construction site
operators must apply for a permit 60 days prior to discharging stormwater. More information can be
obtained from http://www.ecy.wa.gov/programs/wq/stormwater/construction/. The Construction
Stormwater Permit is required because:
47.1. 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,
47.2. 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.
48. 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. The grading permit shall be taken out
following the pre-construction meeting.
49. 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. Sign shall be clearly visible from the right-of-way and provide
project construction details. See SVSS Section 9.7.
50. Construction within the proposed public streets and easements shall be performed under the direct
supervision of a licensed Washington State Professional Engineer/Land Surveyor.
51. Permits are required for any access to or work within the right-of-way of the Spokane Valley or
Spokane County roadway system. A traffic control plan shall accompany the right-of-way obstruction
permit.
52. 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.
53. 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.
54. Prior to the issuance of a flood plain permit or any land disturbance permits by the City, a final haul
route plan approved by the City will be developed and managed to ensure that truck trips to and from
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the site during construction exclusively use S. Dishman-Mica Road for site access over the duration of
site construction. This plan shall include a section devoted to pre and post-construction inspections of
the streets identified in haul route plan to determine any pavement failures that can be attributed to the
construction trips. The applicant shall be responsible for all mitigation identified by the inspections.
55. An erosion control plan that complies with the Stormwater Management Manual for Eastern
Washington (SWMMEW) and SRSM shall be developed for the project and will be implemented
during construction.
56. Erosion control measures to be implemented during construction may include using silt fences, wattles,
sediment basins, inlet protection, watering and hydro-seeding as allowed/required by the SRSM and the
SWMMEW.
57. During construction, areas of exposed soils shall be regularly sprayed with water or other dust
suppressants. Cleared areas that will be exposed for prolonged periods shall be paved, planted with a
vegetation ground cover, or covered with gravel.
58. A program and schedule for road sweeping shall be submitted concurrent with submittal of an
application for the first phase or sub-phase of development.
59. Following construction, soils must be stabilized by paving, building, and landscaping/vegetation.
60. Non-motorized access shall be maintained during construction. Such facilities include sidewalks, trails,
and roadside shoulders. Any modification to a pedestrian or bicycle access route shall be approved by
the City prior to impact.
61. Site construction shall be conducted consistent with SVMC Section 7.05.040 (Nuisances Prohibited)
which includes limits on smoke, soot, toxic substances, noise, and other public health hazards.
62. All on-site and off-site loads in trucks shall be covered to ensure that dust and soil does not fly off and
pollute the air.
63. Well-maintained construction equipment and trucks shall be used to reduce emissions; vehicles and
equipment shall be fitted with emission-controlling components such as air filters and catalytic
converters. Prolonged periods of idling vehicles and other engine-powered equipment shall be avoided.
64. Woody vegetation cleared from the site shall not be burned but shall be ground or chipped on-site or
hauled to an off-site location.
65. 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.
66. All public improvements shall provide a Performance/Warranty Surety per SVSS Chapter 9. The City
accepts Letters of Credit or Cash Savings Assignments only for Performance Sureties and Letters of
Credit, Cash Savings Assignments, and Bonds for Warranty Sureties.
67. Right-of-way dedications and border easements shall be designated on the final plat map. Any right-of-
way and easement dedications executed as part of the required floodplain improvements prior to final
plat submittal shall be shown on the final plat map with recording numbers.
68. The Homeowner Association’s UBI number shall be referenced on the face of the Final Plat.
69. RCW 58.17.120 requires that no plat shall be approved by any city, town, or county legislative
authority covering any land situated in a flood control zone as provided in chapter 86.16 RCW without
the prior written approval of the Department of Ecology of the State of Washington.
70. 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.
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71. An advisory note informing buyers of flood risk should the flood conveyance system fail must be added
as a note to the final plat document.
C. Spokane Valley Fire Department
1. Road names require approval and shall coincide with established road names in the surrounding road
grid. Road names are acceptable as noted with the following revisions:
1.1. Yony Lane shall be Perrine Lane
1.2. Sundown Drive shall be a continuation of Darcy Drive
1.3. Painted Hills Avenue shall be Watkins Avenue
2. Islands in round-a-bouts shall have rolled curbs and shall be constructed so that a minimum 20 ft. drive
width is maintained with 30 ft. inside turn radius and 50 ft. outside turn radius.
3. The Multi-Family site requires a second access per IFC. This access shall be located at least half the
diagonal distance of the primary access.
4. Fire apparatus access roads shall be posted with “No Parking – Fire Lane.”
5. Addresses shall be posted so they are visible from the right-of-way.
6. Additional fire hydrants are required, submit a plan to SVFD for preliminary review.
6.1. A signed water plan showing the location of required hydrants and size of water main is required.
D. Washington Department of Fish and Wildlife (WDFW)
1. The applicant will need to obtain a Hydraulic Project Approval to conduct any work on streams within the
project area such as for the culvert extension at the Thorpe Road crossing on Chester Creek.
2. If the Applicant proposes to re-type Chester Creek from F to Ns this would not be supported by WDFW
without a full protocol survey. A protocol survey throughout the entire drainage would be required to
confirm fish absence and thus re-type the stream from F to Ns.
E. Spokane County Public Works Wastewater Division
1. The dedication shall state: "Public sewers shall be constructed to provide for the connection of each
parcel to the County’s system of sewerage. Uses on properties within the project shall be required to
connect to the sewer and pay applicable charges per the County Sewer Ordinance. Sewer connection
permits shall be required."
2. A public sanitary sewer easement shall be shown on the face of the plat with a dedication that states
“The perpetual easement granted to Spokane County, its' successors and assigns is for the sole purpose
of constructing, installing, operating, maintaining, repairing, altering, replacing, removing, and all other
uses or purposes which are or may be related to a sewer system. Spokane County, it's successors and
assigns at all times hereinafter, at their own cost and expense, may remove all crops, brush, grass or trees
that may interfere with the constructing, installing, operating, maintaining, repairing, altering, replacing,
removing and all other uses or purposes which are or may be related to a sewer system. The grantor(s)
reserves the right to use and enjoy that property which is the subject of this easement for purposes which
will not interfere with the County's full enjoyment of the rights hereby granted; provided, the Grantor(s)
shall not erect or construct any building or other structure or drill on the easement or diminish or
substantially add to the ground cover over the easement. The easement described hereinabove is to and
shall run with the land."
3. Applicant shall submit expressly to Spokane County Division of Utilities "under separate cover", only
those plan sheets showing sewer plans and specifications for the public sewer connections and facilities
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for review and approval. Commercial developments shall submit historical and or estimated water usage
as part of the sewer plan submittal.
4. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization of the
project.
F. Avista
1. 10’ “Dry” Utility Easements need to be shown on all lots having frontage along any roadway within this
plat. These 10 “Dry” Utility Easements need to be behind, separate from and adjoining the border
easements, so as not to encroach on them.
2. Utility dedication in the proposed 20’ Emergency Vehicle Drive easement is required. Said easement
shall read “20’ Emergency Vehicle Drive/Utility Easement.”
3. All existing electrical and gas easements must be show on the plat.
4. An open ditch inspection from Avista Real Estate Department is required prior to utility placement.
5. Easement AFN#4436419 needs to be shown on the Plat, having a width of 7.5’ on each side from center
of the gas line for a total of 15’ Wide. If the 13’ border easement overlaps Avista’s Gas easement, then
the border easement within said Avista easement, shall be subordinate to Avista’s rights. Any
construction within said Avista easement shall only be done with prior approval from Avista’s Gas
Engineering Department.
6. The following language must be inserted into the Dedication Language on the face of the plat:
6.1. “Easements for “Dry” utilities (electric, gas, phone, fiber, cable TV) as 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 and the
right to prohibit, trim and/or remove trees, bushes, landscaping, without compensation and to
prohibit brick, rock or masonry structures that may interfere with the construction, reconstruction,
reliability, maintenance, and safe operation of same. Any easement located within the “Dry”
utility easements shown hereon, shall be subordinate to Avista.”
6.2. “Storm drain dry wells and Water Meter boxes shall not be placed within the “Dry” easements;
however, lateral crossings by storm drain, water and sewer lines are permitted.”
6.3. “Serving utilities reserve the right to cross Border easements, Future right-of-way acquisition
areas, and common areas.”
G. 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, City of Spokane Valley Engineer, and
the Spokane Regional Health District.
3. Sewage disposal method shall be 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 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.
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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 plan for water facilities adequate for domestic use, domestic irrigation use, and fire protection use
shall be approved by the water purveyor. Said water plan must have been approved by the fire
protection district and the appropriate health authorities, The health authorities, water supplier
(purveyor) and the fire protection district will certify prior to filing of the final plat, on the face of said
water plan that the plan is in conformance with their requirements and will adequately satisfy their
respective needs. Said water plan certification will be drafted on a transparency suitable for
reproduction.
9. The purveyor will also certify prior to filing the final plat on a copy of said water plan that appropriate
contractual arrangements have been made with the plat sponsor for construction of the water system, in
accordance with the approved plan and time schedule. The time schedule will provide, in any case, for
completion of the water system and inspection by the appropriate health authorities prior to application
for building permits within the plat. The contractual arrangements will include a provision holding City
of Spokane Valley harmless from claims by any lot purchaser refused a building permit due to failure of
the plat sponsor to satisfactorily complete the approved water system.
10. A public sewer system will be made available for the plat and individuals service will be provided to
each lot prior to sale. Use of individual on-site sewage disposal systems shall not be authorized.
11. 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.”
12. The dedicatory language on the plat shall state: “Use of private wells and water systems is prohibited.”
13. 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 the sale of
each lot and prior to the issuance of a building permit for each lot.”
H. Spokane County Water District No. 3
1. A water system plan must be submitted to and approved by the district.
2. The 6’ irrigation service at S.4307 Dishman Mica Road will need to be abandoned. The district requires
that plans be submitted to and approved by the district prior to the line being abandoned.
3. There is an existing well on the property. This well must be abandoned in accordance with the
Department of Ecology requirements for abandoning water wells.