Notice of Mitigated Determination of Non Significance (MDNS) Cedar and Sage

Notice of Mitigated Determination of Non-Significance (MDNS)
City of Spokane Valley

Date Issued: August 2, 2024
File Number & Name:SEP-2023-0002 - Saltese Creek Apartments (Cedar & Sage)
Proposal Description: Construct 10 apartment buildings consisting of 320 units. Utilities will be installed throughout the site to provide water, sewer, gas, power, and communication services. Stormwater infrastructure will be constructed to convey stormwater to holding and discharge facilities. A secondary access road will be constructed. A Category III wetland and three Category IV wetlands will be removed and replaced elsewhere on the site with the required mitigation ratios for wetlands and buffers. Buffer enhancements will also occur.
Proposal Location: Tax parcel number 55195.9088 and 55192.9017, addressed as 17121 E 8th Avenue, located south of the intersection of E 8th Avenue and S Tschirley Road, and further located in Section 19, Township 25 North, Range 45 East, Willamette Meridian, Spokane County, Washington
Owner: HECW Saltese Creek, LLC, 17121 E 8^th Ave, Spokane Valley, WA 99016
Applicant: Whipple Consulting Engineers, 21 S Pines Road, Spokane Valley, WA 99206
Lead Agency: City of Spokane Valley
The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. Pursuant to WAC 197-11-350(3), the proposal has been conditioned to include necessary mitigation measures to avoid, minimize, or compensate for probable significant impacts. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). The necessary mitigation measures are listed below. This decision was made after reviewing a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request.

Determination: This MDNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date issued. Comments must be received between August 2, 2024 (the date of issue) and no later than 5:00 p.m. on August 16, 2024.

Staff Contact: Martin Palaniuk, Associate Planner, City of Spokane Valley; 10210 East Sprague Avenue, Spokane Valley, WA 99206; (509) 720-5031; [email protected]

Mitigation Measures:

Cultural Resources
1. Prior to issuance of the Engineered Grading Permit, the applicant shall submit a Cultural Resource Survey report completed by a qualified professional to the Spokane Valley Economic Development Department. In addition to the report, the applicant shall submit evidence of the acceptance/concurrence with the findings in the report from the Washington State Department of Archaeology and Historic Preservation and the Spokane Tribe of Indians.
2. Prior to issuance of the Engineered Grading Permit, an Inadvertent Discovery Plan shall be prepared by the applicant and submitted to the Spokane Valley Community and Public Works Department. The IDP shall be maintained on site at all times during construction activities.

Wetlands
3. The applicant shall mitigate the impacts to the existing wetlands by implementing the Mitigation Plan shown on sheets W1.1 - W1.3 of the Cedar & Sage - Saltese Apts. Wetland Mitigation Plan. This shall include the construction of the replacement wetland and buffers and completion of the buffer enhancements identified on the plan. The applicant shall submit a certification from the wetland specialist that the wetlands, buffers, and enhancements have been installed and completed as per the plan.
4. The Wetland Mitigation Plan shall be included in the approved civil plans for the project.
5. Prior to issuance of the Engineered Grading Permit, the applicant shall install the temporary erosion controls prescribed in the Best Management Practices found on Sheet W1.2 of the mitigation plan. The controls shall be inspected and approved by the City of Spokane Valley construction inspector prior to any land disturbance. The applicant shall call for the inspection with at least 48 hours of notice.
6. All work will be completed during daylight hours and landward of the temporary erosion control structures.
7. The contractor shall have emergency spill equipment onsite at all times and must have a Spill Prevention Plan approved and in place prior to construction activities. All general construction equipment will be fueled offsite at a commercial facility.
8. All disturbed areas shall be stabilized with the recommended grass seed mixture contained in Sheet W1.2 of the Cedar & Sage - Saltese Apts. Mitigation Plan.
9. Within 30 days of completion of the proposed mitigation projects the applicant shall ensure that an inspection by a qualified wetland biologist be made to determine plan compliance consistent with the wetland mitigation plan. Written documentation shall be provided to the city by a qualified professional stating the completed project is consistent with the approved plan.
10. A qualified wetland biologist shall provide an as-built design and photo-documentation to the City of Spokane Valley, Planning Division, within 30 days of completion of the native plant installation. An as-built photo shall be provided to establish the post-implementation documentation.
11. Reference points shall be established through the photo documentation. The reference points shall be photographed annually for five years every fall and the photographs submitted to the City of Spokane Valley Planning Division no later than November 15 of each year.
12. A landscape professional or wetland professional shall monitor the condition of the plantings annually in the fall. A status of the performance standards contained on Sheet W1.2 of the Cedar & Sage - Saltese Apts. Mitigation Plan shall be submitted to the City of Spokane Valley Planning Division annually with the photographs no later than November 15 of each year.
13. The native plants shall be maintained to meet the performance standards contained in the mitigation plan. Failing plants shall be replaced as necessary no later than April 1 of the following spring.
14. Permanent signs, made of an enamel-coated metal face and attached to a metal post or another nontreated material of equal durability, shall be posted along the wetland buffers at an interval of 50 feet and shall be maintained in perpetuity by the property owner. The obligation to maintain permanent signs shall be recorded against the property in the form of a title notice.
15. The signs shall be worded as follows:
"Protected Wetland Area, Do Not Disturb, Contact the City of Spokane Valley Regarding Uses, Restrictions, and Opportunities for Stewardship"

Traffic
16. South Tschirley Road shall be improved to accommodate pedestrian travel separately from vehicular travel within the existing right-of-way between 8th Avenue and Sprague Avenue. The following elements are identified on the east side of S Tschirley Road as minimum requirements and shall include detectable warning surfaces at each public or private street crossing:
a. Frontage improvements to include curb, gutter, and 6-foot adjacent sidewalk will extend along the east side of S Tschirley Road from 8^th Avenue to the south side of 6^th Avenue. A curb ramp shall be installed to cross both 6th Avenue and S Tschirley Road.
b. Install a painted crosswalk on the south side of the 6^th Ave/S Tschirley Rd intersection with advanced warning signs, existing overhead street lighting, and a rectangular rapid flashing beacon at the crossing.
c. Install a bulb-out style curb extension on the southeast corner of 6th and S Tschirley to restrict the paved width of Tschirley Road to 26' as a traffic calming element.
d. A separated 6' asphalt path shall be installed from the north side of 6^th Avenue to the existing sidewalk south of E 3^rd Lane. Any segments with less than 2' separation from the travelled way will require a quick-curb or similar installation with horizontal and vertical separation elements. Connection shall be made to the existing sidewalk north of this segment. Existing paved approaches shall be sawcut at the eastern limits of the asphalt path. All approaches shall be paved between the existing roadway and the western limits of the asphalt path. The separation buffer will be replaced with a minimum 4' wide surface at each intersection to accommodate street crossing.
e. Install a painted crosswalk across Tschirley Road north of 3^rd Avenue with advanced and adjacent warning signs and overhead street lighting. Applicant shall complete a crosswalk evaluation to determine if additional enhancement such as a rectangular rapid flashing beacon is warranted at the crossing and install, if warranted. Install a curb ramp on the northeast corner of 3^rd Lane and S Tschirley Road to connect across Tschirley Road.
f. Install a bulb-out style curb extension and curb ramp on the northwest corner of 3^rd Avenue and Tschirley Road to restrict the paved width of Tschirley Road to 26'.
g. Curb, gutter, and 5.5-foot adjacent sidewalk shall be installed along the east side of S Tschirley Road from the existing sidewalk north of 3^rd Lane to the existing concrete approach north of Coach Drive. The sidewalk width may be reduced at the southern connection to stay within existing ROW and shall transition to full width. The sidewalk shall be designed to terminate at the concrete approach to allow a pedestrian connection to the separated sidewalk north of Coach Drive. Coordinate with the property owner to install painted markings connecting to the existing sidewalk. The existing roadway shall be sawcut within the limits of new construction. The two driveway approaches shall be placed as WSDOT Type 1.
h. Curb, gutter, and 5.5-foot adjacent sidewalk shall be installed along the east side of S Tschirley Road from the existing concrete approach 330' north of Coach Drive to the intersection of East Tschirley Road. The sidewalk shall be designed to terminate at the concrete approach to the south to allow a pedestrian connection to the separated sidewalk north of Coach Drive. Coordinate with the property owner to install painted markings connecting to the existing sidewalk. Install a curb ramp on the southeast corner of the intersection of E Tschirley Road and S Tschirley Road to cross E Tschirley Road. The existing roadway shall be sawcut within the limits of new construction. The existing right-of-way width is approximately 28 feet. The built section shall include two-10' vehicle lanes, 1.5' of curb and gutter, 5.5' of sidewalk, and 1' remaining ROW behind back of walk.
17. 3rd Avenue is the most direct route between S Tschirley Road and S Flora Road. That segment of 3rd Avenue between S Tschirley and S Flora shall be revised to include pedestrian facilities separate from vehicular traffic. The applicant shall provide a plan and conceptual layout for how to accomplish this condition. The plan shall require review and approval from the City of Spokane Valley Traffic Engineering Manager prior to implementation.
18. S Flora Road between 3rd Avenue and Sprague Avenue shall be revised to include pedestrian facilities separate from vehicular traffic. The existing roadway pavement width is approximately 40 feet. Using horizontal and vertical elements, create an 8-foot pedestrian area on the west side of S Flora Road with connection to the existing sidewalk north of the Appleway Trail. The applicant shall provide a plan and conceptual layout for how to accomplish this condition. The plan shall require review and approval from the City of Spokane Valley Traffic Engineering Manager prior to implementation.
19. Install a painted crosswalk across the north leg of the 3^rd Avenue and S Flora Road intersection with advanced and adjacent warning signs and overhead street lighting. Applicant shall complete a crosswalk evaluation to determine if additional enhancement such as a rectangular rapid flashing beacon is warranted at the crossing and install, if warranted.
20. Install a painted bulb-out on the northeast corner of 3^rd and S Flora Road to a 26' travel width of both Flora Road and 3^rd Avenue using hatched pavement markings and tubular markers to channelize vehicles toward the center of the roadway.
21. Responsible Official: Chaz Bates, AICP, Planning Manager

Appeal: An appeal of this determination shall be submitted to the Economic Development Department within fourteen (14) calendar days after the date issued or no later than August 16, 2024. The appeal must be written, and specific factual objections made to the City's threshold determination. Appeals shall be conducted in conformance with Spokane Valley Municipal Code (SVMC) 17.90 Appeals, and any required fees pursuant to the City's adopted Fee Schedule shall be paid at the time of appeal submittal. Pursuant to WAC 197-11-680, appeals shall be limited to a review of a final threshold determination.

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Patricia Rhodes, Deputy City Clerk
Spokane Valley
PUBLISH: August 2, 2024

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