SDP-02-07 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Shoreline Substantial Development Permit, )
to suspend Sewer Force Mains from the ) FINDINGS OF FACT,
Trent Avenue/Spokane River Bridge; ) CONCLUSIONS OF LAW,
Applicant: Spokane County ) AND DECISION
File No. SDP-02-07 )
)
I. SUMMARY OF DECISION
Hearing Matter: Application for a shoreline substantial development permit, to allow sewer
force mains to be suspended from a bridge in the shoreline area.
Summary of Decision: Approve application, subject to conditions.
II. FINDINGS OF FACT
Procedural Information •
1. The application requests approval of a shoreline substantial development permit, to allow
the Spokane County Public Works Department, Division of Utilities, to suspend sewer force
mains from the Trent Avenue/Spokane River Bridge over, and within 200 feet of; the river.
2. The bridge site is located approximately one-half(1A) mile east of the intersection of Trent
Avenue (State Route No. 290) and Pines Road(State Route No. 27); in Spokane Valley,
Washington.
3. The site is situated in the SW 1/4 of Section 3, Township 25N, Range 44 EWM of Spokane
County, Washington.
ii
4. The applicant is Spokane County Public Works Department, Division of Utilities, 1026 W.
Broadway Avenue, Spokane, WA 99260-0430. The bridge and associated right of way is owned
by the Washington State Department of Transportation(WSDOT).
5. On June 4, 2007, the applicant issued a Determination of Nonsignificance (DNS) for its
project to construct a public sewer collection system(Trentwood Sanitary Sewer), a portion of
which involves the suspension of sewer force mains from the Trent Avenue/Spokane River
Bridge; and to construct an associated sewage pump station (Vercler Pump Station). The DNS
was not appealed.
6. On November 7, 2007, the applicant submitted a Washington State Joint Aquatic Resources 1
Permit Application (JARPA) for the project to the City of Spokane Valley Community
Development Department-Planning Division("City Planning Division"), and to pertinent state and
HE Findings, Conclusions and Decision SDP-02-07 Page 1
federal agencies. Such application is construed to include an application for a shoreline
substantial development permit.
7. On December 23, 2007, the Washington State Department of Fish and Wildlife (WDFW)
issued a hydraulic permit for the project, subject to conditions.
8. On January 24, 2008, the Hearing Examiner conducted a public hearing on the application.
The notice requirements for the public hearing under the City Uniform Development Code (UDC)
were met.
9. The Hearing Examiner heard the application pursuant to the City Shoreline Master Program,
(Section 21.50.010 of the UDC, and Appendix 21-H, p. 36, 64 and 65 thereof), Chapter 18.20 of
the UDC (Hearing Examiner), and the City Hearing Examiner Rules of Procedure.
10. The following persons testified at the public hearing:
Micki Harnois, Associate Planner Stan Stirling, P.E.
City Community Development Department Taylor Engineering
11707 E. Sprague, Suite 101 106 W. Mission
Spokane Valley, WA 99206 Spokane, WA 99201
Mark Stiltz, P.E.
Spokane County Public Works, Div. of Utilities
1026 W. Broadway
Spokane, WA 99260
Items in Record
11. The Hearing Examiner takes notice of the Spokane Valley Uniform Development Code
(UDC), Comprehensive Plan, Guidelines for Stormwater Management, Standards for Road and
Sewer Construction, and Municipal Code; other applicable development regulations; and prior
land use decisions in the vicinity.
12. The record includes the documents in the application file at the time of the public hearing,
the documents and testimony submitted at the public hearing, and the items taken notice of by the
Hearing Examiner.
Description of Site and Project
13. The applicant's Trentwood Sanitary Sewer project includes the construction of over four (4)
miles of sewer pipe, of various diameters; which, together with the Vercler Pump Station project,
will convey sewage from the Trentwood area of the Spokane Valley to the County's North Valley
Sewer Interceptor. The combined project will occur both inside and outside the city limits.
HE Findings, Conclusions and Decision SDP-02-07 Page 2
14. The Trentwood Sanitary Sewer project is bounded by Wellesley Avenue on the north, Trent
Avenue on the south, Evergreen Road on the east, and Plante's Ferry Park on the west. The
Vercler Pump Station would be located on land in or adjacent to Plante's Ferry Park.
15. The portion of the sewer project that requires the approval of a shoreline substantial
development permit is the proposed suspension of 12-inch and 14-inch sewer force mains,
enclosed in 24-inch and 26-inch carrier pipes, from the Trent Avenue/Spokane River Bridge; over
the river and within 200 feet on either side of the river. The pipeline bridge crossing is expected
to cost approximately 1.7 million dollars.
16. The force mains would be suspended 4-5 feet below the bridge deck, elevated above the
100-year floodplain associated with the river, and would only be visible when viewed from below.
No work would be done in the river. There is potential for small debris to fall into the water
during construction, but measures are planned to avoid and minimize this.
17. Approximately 500 cubic yards of material would need to be excavated and replaced, after
suspension of the pipes, in the landward portion of the shoreline area. A connector trail that
extends from the Spokane Centennial Trail to the northwest side of the bridge would be closed
during construction. Approximately 10 feet of the connector trail, and an existing drainage area
for the bridge would be affected during construction.
18. Native vegetation disturbed during the excavation and replacement of soil for the pipe
suspension activity would be replaced with native vegetation. Some minor construction work
would be required on the curb and shoulder of the roadway crossing the bridge, and one (1) lane
on the bridge may have to be closed during construction.
19. The pipeline suspension project would be conducted in State Department of Transportation
(WSDOT) road right of way; and within an easement that the applicant is required to obtain from
the State Parks and Recreation Department, which owns land adjacent to the bridge.
20. The river at the bridge location consists of a well-defined channel with vertical cut banks.
The shore embankments have native vegetation. An existing 6-conduit telephone cable cluster for
Qwest is located on the north side of the bridge. The bridge crosses the river at close to a 90
degree angle.
Land Use Designations for Site and Area, Surrounding Conditions
21. The Staff Report adequately identifies the Comprehensive Plan designations and zoning of
the site and neighboring land, and the character of neighboring land uses. The city limits
terminate a short distance north of the site
22. The Spokane Centennial Trail, a regional trail system situated on land owned by the
State Parks and Recreation Department, is located along the southwest side of the
Spokane River in the area.
HE Findings, Conclusions and Decision SDP-02-07 Page 3
23. Trent Avenue (SR-290) and Pines Road(SR-27) each consist of 5-lane state highways in
the area.
24. The City Shoreline Master Program designates the Spokane River as a shoreline of
statewide significance. The Master Program designates the shoreline on the west side of the river,
north of the bridge and Trent Avenue, in the Conservancy Area; and designates the other
shoreline areas along the river adjoining the bridge in the Pastoral Area.
25. The Spokane River in the area is classified as a"Type S Water" under Section 21.40.030 of
the UDC, and is subject to a 130-foot "riparian management zone" on each side of the "bankfull
width" or "channel migration zone" of the river, whichever distance is greater.
26. The WDFW Management Recommendations for Priority Species currently designate Urban
Natural Open Space priority wildlife habitat along the southwest side of the river, south of the
bridge and Trent Avenue.
27. A 100-year floodplain is located along both sides of the river in the vicinity. No work is
planned within the floodplain.
Concerns expressed by Neighboring Property Owners
28. Neighboring property owners did not comment on the application.
Relevant Policies of Comprehensive Plan
29. The applicant's sewer project generally implements the capital facilities plan portion of the
Comprehensive Plan for public sewer.
30. The Comprehensive Plan designates the project site and surrounding land in a critical aquifer
recharge area(CARA) of high susceptibility to groundwater contamination.
31. Chapter 8 of the Comprehensive Plan contains numerous policies applicable to development
in designated critical areas; including, in pertinent part, priority wildlife habitat, geologically
hazardous areas, frequently flooded areas, and CARAs.
32. The Comprehensive Plan also adopts the policies and goals of the City Shoreline Master
Program as goals and policies of the Comprehensive Plan.
33. Policy LUP-15.1 of the Comprehensive Plan recommends that archaeological and historic
sites be continually identified and evaluated to determine which should be preserved.
Shoreline Regulations pertinent to Project
34. The Staff Report sets forth a number of policies and regulations of the City Interim
Shoreline Master Program("Master Program") that apply to the project. The project will take
place in the Pastoral and Conservancy Areas of the Master Program.
4I
HE Findings, Conclusions and Decision SDP-02-07 Page 4
I
35. The goals and policies of the Master Program for shorelines of statewide significance, on
pages 1-3 and 1-4 of the Master Program, recommend, in pertinent part, that the statewide
interest be protected over the local interest, the natural character of the shoreline be preserved,
priority be given to long term over short term benefits, the resources and ecology of the shoreline
be preserved, and public access to the shoreline be increased. These policies echo the policies set
forth in the State Shoreline Management Act, in RCW 90.58.020.
36. General use regulation #5.5 of the Master Program provides that in areas of 5% or greater
slope, ground cover shall be retained or replaced with similar vegetation to prevent erosion.
37. General use regulation#5.9 of the Master Program provides that no structure in the
shoreline areas shall exceed a height of 35 feet above the average elevation, except where
specifically authorized by the Master Program and where a substantial number of views will not
be impaired.
38. General use regulation#5.8 of the Master Program provides that all development in the
shoreline area, particularly recreation and public access, shall be designed to protect property
rights and privacy of owners or inhabitants of adjacent properties.
39. General use regulation#5.16 of the Master Program requires that all development and
practices adhere to federal EPA regulations governing point and non-point discharges under
federal clean water legislation.
40. General use regulation#5.17 of the Master Program requires that adequate buffer areas of
permanent vegetation be maintained above the OHWM to protect against shoreline erosion; and
to reduce the amount of silt, nutrients and pollutants entering the water from agricultural runoff
41. Use regulation#9.2.5 of the Master Program, applicable to the Conservancy and Pastoral
Areas, requires that transmission and other pipelines cross streams either by being constructed on
public roadway bridges designed for, or capable of, accommodating the inclusion of such
pipelines; or by being constructed below stream bottoms.
42. Use regulations #9.2.7 and#9.2.8 of the Master Program, applicable to the Conservancy
and Pastoral Areas, authorize other utilities, including public sewer mains, to be constructed on
public roadway bridges.
43. Use regulation s #14.1.3 of the Master Program, applicable to all shoreline areas, requires
that access to and along the waterfront be provided for pedestrians and bicycles, where
appropriate and where the biophysical capabilities allow such uses. Use regulation#14.1.4,
pertaining to recreational uses, requires that the scenic views and scenic quality of the shoreline
be preserved and enhanced.
44. Use regulation#15.1.1, applicable to the Pastoral Area, prohibits landfill, except for landfill y
associated with permitted bulkheads and permitted bridges. Use regulation#15.2, applicable in
HE Findings, Conclusions and Decision SDP-02-07 Page 5
I
Ithe Conservancy Area, permits landfill only where justified by an overriding public interest;
subject to certain requirements intended to protect water quality and aquatic life, prevent erosion,
and preserve the navigability and flow of the water; and prohibits the dumping of dredge spoils.
45. Use regulation #16.1.1, applicable to the Pastoral Area, prohibits dredging; except to
preserve, maintain or restore the natural qualities of the waterway. Use regulation#16.2.2,
applicable in the Conservancy Area, prohibits dredging for the purpose of securing fill or
construction materials.
46. Use regulations #19.1.1 through 19.1.7, applicable to all shoreline areas, specifies various
shoreline protection measures.
Compliance with Development Regulations, and consistency with Comprehensive Plan
47. The hydraulic permit issued for the project by the WDFW requires the river to be protected
from the deposit of sediment laden water, wastewater, waste materials and harmful chemicals
during construction of the project; the conduit alignment of the sewer force mains be nearly as
nearly perpendicular to the river as possible; support structures for the pipeline crossings be
located and armored to prevent scour or undermining of the river, and the work be accomplished
per the plans and specifications in the JARPA application.
48. Section 21.40.040.5 of the UDC requires the preparation of a habitat management plan to
analyze the effect of a proposed use or activity upon a designated fish and wildlife species and/or
habitat on the development site. The plan must meet the requirements set forth in such section, be
certified by a qualified biologist, reviewed by the WDFW, and approved in writing by the City
Community Development Department.
49. The City Planning Division inadvertently did not require the applicant to prepare a habitat
management plan for the project, or to address the applicability of the riparian management zone
requirements of the UDC to the project.
i
50. Section 21.40.030 of the UDC, together with Chapter 222-30 WAC, generally regulate the ,
removal of timber from a riparian management zone for a development project, and not the
incidental removal of riparian vegetation not associated with timber removal.
i
,
51. Section 21.40.030 of the UDC does not prohibit road crossings of riparian management
zones or streams; requires such crossings be kept to a minimum and be as near right angles as
possible; and requires that mitigation measures be provided for such crossings, including the
enhancement of remaining buffer areas through planting of native vegetation, and approval of the
crossing by the WDFW.
52. The project will have a small impact on natural vegetation in the riparian management zone,
which may or may not include the removal of any merchantable trees. The proposed sewer mains,
as part of the bridge and road, will cross the river at near right angles. The project will restore the
HE Findings, Conclusions and Decision SDP-02-07 Page 6
native vegetation disturbed within the zone to the maximum extent possible. These features
assure compliance with Section 21.40.030 of the UDC.
53. The WDFW expressed no concern regarding the impact of the project on wildlife, in the
issuance of the hydraulic permit for the project. Considering the small impact the project will
have on native vegetation, and restoration of disturbed vegetation by the project, the project will
have minimal impact on the priority wildlife habitat designated on the site.
54. As long as the applicant is required to restore the natural vegetation that is disturbed, the
applicant should be deemed to have satisfied the habitat management plan requirement set forth in
Section 21.40.040.5 of the UDC.
55. A condition of approval should be added that requires the project to comply with the
riparian management zone requirements of the UDC, if applicable.
56. The cultural resources survey submitted by the applicant for the project establishes that the
site likely does not contain archaeological or historic sites or artifacts. The conditions of approval
ensure that if archaeological or historic sites or artifacts are encountered during construction,
prompt notice will be given to the City Planning Division. Such notification should also be
provided to the State Department of Archaeology and Historic Preservation Office (DHAP).
57. The design of the project, and the conditions of approval required for the project, assure the
consistency of the project with the goals and policies of the State Shorelines Management Act,
and of the City Shoreline Master Program.
III. CONCLUSIONS OF LAW
1. The Hearing Examiner is authorized to hear and decide the application for a shoreline
substantial development permit. See Sections 17.80.130 and 18.20.020 of the UDC, paragraph
8.06 on page 4-29 of Master Program, and RCW 36.70.970(2).
2. The State Shoreline Management Act (chapter 90.58 RCW) prohibits a"substantial
development" from being undertaken on the shorelines of the state without first obtaining a r
substantial development permit from the pertinent local jurisdiction. See RCW 90.58.140(2), and v
paragraph 2.1 on page 4-1 of City Shoreline Program.
P
3. The definition of"substantial development" in the State Shorelines Management Act means
any development of which the total cost or fair market value exceeds $5,000; as well as any
development that materially interferes with the public use of the water or shorelines of the state.
The current project represents a"substantial development".
4. Development within the shoreline that does not require a shoreline permit must also comply 0
with the policies of the Shoreline Management Act, applicable provisions of chapter 173-27
WAC, and the regulations of the local master program. r'
HE Findings, Conclusions and Decision SDP-02-07 Page 7
5. A shoreline substantial development permit may only be granted if the development is
consistent with the policies and procedures set forth in the Shoreline Management Act, the
provisions of chapter 173-27 WAC, and the provisions of the local shoreline master program
See WAC 173-27-150, RCW 90.58.140(3), and page 4-1 of Master Program.
6. WAC 173-27-150 authorizes local governments to attach conditions to the approval of a
shoreline substantial development permit to assure consistency with the State Shoreline
Management Act and the local master program.
7. WAC 173-27-180 sets forth application requirements for a shoreline substantial permit,
including the submittal of a detailed site development plan, delineation of the shoreline areas that
will be altered or used as part of the development, and the OHWM of the shoreline body
involved.
8. A condition of approval should be added that requires the applicant to restore any native
vegetation that is disturbed by the project in the shoreline area, or to enhance the remaining
portion of the native vegetation; and to comply with the riparian management zone requirements
of the UDC as applicable.
9. As conditioned, the application complies with applicable provisions of the UDC; including
the applicable goals, policies and regulations of the State Shoreline Management Act and the City
Shoreline Master Program; and is consistent with the Comprehensive Plan.
10. The application, as conditioned, will not have a significant, probable, adverse impact on the
environment. The requirements of the State Environmental Policy Act and the City
Environmental Ordinance have been met.
11. Approval of the land use application, as conditioned, is appropriate under Sections
17.80.130 and 21.50.010 of the UDC, WAC 173-27-150, and the City Shoreline Master Program.
IV. DECISION
Based on the above findings of fact and conclusions, the above application for a shoreline
substantial development permit is hereby approved, subject to the conditions stated below.
Any conditions added or significantly revised by the Hearing Examiner below are italicized.
The Substantial Development Permit may be rescinded after a public hearing and notice,
pursuant to RCW 90.58.140(8), based on a fmding that the applicant has not complied with the
conditions of approval.
HE Findings, Conclusions and Decision SDP-02-07 Page 8
Conditions of Approval
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT-- PLANNING
DIVISION:
1. The Shoreline Administrator of the Spokane Valley Community Development Department
shall prepare and issue a Substantial Development Permit for the application, pursuant to the
requirements of WAC 173-27-130 and chapter 90.58 RCW, and subject to the conditions of
approval of this decision.
2. The project shall be developed in accordance with the development described in the JARPA
application submitted for the project on November 8, 2007, subject to compliance with
conditions of approval and development regulations.
3. Upon the discovery of potential or known archaeological resources at the subject properties
prior to or during future on-site construction, the applicant, contractor, and/or any other parties
involved in construction shall immediately cease all on-site construction, shall act to protect the
potential or known historical and cultural resources area from outside intrusion, and shall notify,
within a maximum period of 24 hours from the time of discovery, the City of Spokane Valley
Community Development Department-Planning Division, and the State Department of
Archaeology and Historic Preservation (DHAP) of said discovery.
4. The Spokane River is considered a `Type S Water", and protected by a 130 foot wide
"riparian management zone"measured from the "bankful width" or "channel migration zone";
under Section 21.40.030 of the City Uniform Development Code (UDC) and WAC Chapter
22.30. The project shall comply with any applicable licable requirements of such regulations, which
focus on timber removal within the riparian management zone.
5. The project shall comply with applicable use regulations of the City Shoreline Master
Program, which is adopted in Appendix 21-H of Section 21.50 of the UDC.
6. Reasonable caution shall be exercised to ensure that construction-related equipment,
machine fluids and fuels are not operated, stored, located, and/or transferred in any part of the
shoreline area(i.e. 200 feet from the ordinary high water mark of the Spokane River) in a manner
where such fluids or fuels can drain into or later make their way into the Spokane River,
contaminate the water quality of the Spokane River or harm the related water habitat/wildlife.
7. Construction of the project shall comply with the Hydraulic Project Approval issued by the
Washington State Department of Fish and Wildlife on December 23, 2007.
8. All other regulations or other permit conditions of approval, whether mentioned in this permit
or not, shall be the applicant's compliance responsibility.
9. The Substantial Development Permit in File No. SDP-02-07 is approved with conditions,
including two (2) permit expiration deadlines:
HE Findings, Conclusions and Decision SDP-02-07 Page 9
1
1
a. A 2-year period to COMMENCE w
Y P WORK ON THE PROJECT from the "effective
date" of the permit. WAC 173-27-090(4) defines the "effective date" (i.e. date of last action
required to approve the permit, such as Washington State Department of Ecology signature,
appeal complete and other related permits). If a"commence work" extension has been filed
(application submitted and fees paid) before the 2-year expiration date, a 1-year extension to
commence the project may be granted; provided it is based on reasonable factors. See WAC 173-
27-090 (2).
b. A 5-year period to COMPLETE THE PROJECT from the "effective date" of the
permit. WAC 173-27-090(4) defines "effective date". If a"complete the project" extension has
been filed (application and fees paid) before the 5-year expiration date, a 1-year extension to
complete the project may be granted; provided it is based on reasonable factors. See WAC 173-
27-090(3).
10. Pursuant to WAC 173-27-090(4), all conditions of approval must be satisfied before any
structures are allowed to be inhabited.
11. Any revisions to the Substantial Development Permit must be approved by the Shoreline
Administrator for the City of Spokane Valley Community Department, and the Washington State
Department of Ecology.
12. Prior to starting construction, the applicant shall obtain all required permits.
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION:
13. Any attachments of the proposed sewer line to the State Route No. 290 (Trent Avenue)/
Spokane River Bridge must be approved by the HQ Bridge Section.
14. Any open cutting of Trent Avenue (SR-290) will require WSDOT approval of the
replacement pavement section.
15. Any traffic control associated with Trent Avenue (SR-290) will require WSDOT approval
of the plans prior to the work occurring.
DATED this 20th day of March, 2008
SPOKANE COUNTY HEARING EXAMINER
„ la,
Mic el C. Dempsey, WSB•. ;:
HE Findings, Conclusions and Decision SDP-02-07 Page 10
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
The above decision is a final decision by the Hearing Examiner on the above-referenced
application for a Substantial Development Permit. Pursuant to RCW 90.58.180(1) and
Section 17.90.010 of the City Uniform. Development Code (UDC), any person aggrieved by the
granting of the above-described decision may seek review from the Washington State
Shorelines Hearings Board by filing a petition for review within 21 calendar days of the date
the above decision was filed with the Washington State Department of Ecology, as determined
by RCW 90.58.140(6).
On March 20, 2008, a copy of this Decision was sent by certified mail to the applicant,
the State Attorney General's Office and the State Department of Ecology; and by regular mail
to other parties of record.
The complete record in this matter, including this decision, is on file during the
appeal period with the Office of the Hearing Examiner, Third Floor, Public Works
Building, 1026 West Broadway Avenue, Spokane,Washington, 99260-0245; and may be
inspected by contacting Leslie Busch at (509) 477-7490. The file may be inspected during
normal working hours, listed as Monday-Friday of each week, except holidays, between the
hours of 8:30 a.m. and 5:00 p.m. After the appeal period, the file may be inspected at the
City of Spokane Valley Department of Community Development-Planning Division, 11707
E. Sprague Avenue, Spokane Valley, WA, 99206; by contacting Micki Harnois at (509)
921-1000. Copies of the documents in the record will be made available at the cost set by
the City of Spokane Valley.
Pursuant to RCW 36.70B.130, affected property owners may request a change in
valuation for property tax purposes notwithstanding any program of revaluation.
HE Findings, Conclusions and Decision SDP-02-07 Page 11