I. FINDINGS OF FACT. 1. The applicant is Wenatchee Golf Developers, LLC, PO Box 119, Wenatchee W A.

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1 Douglas County Hearing Examiner Andrew L. Kottkamp, Hearing Examiner RECEIVED NOV 18 lou IN THE MATTER OF ) FINDINGS OF FACT, ) CONCLUSIONS OF LAW, ) DECISION AND ) CONDITIONS OF APPROVAL THIS MA TIER having come on for hearing in front of the Douglas County Hearing Examiner on November 17, 2011, the Hearing Examiner having taken evidence hereby submits the following Findings of Fact, Conclusions oflaw, Decision and Conditions ofapproval as follows: I. FINDINGS OF FACT 1. The applicant is Wenatchee Golf Developers, LLC, PO Box 119, Wenatchee W A. 2. General Description: Wenatchee GolfDevelopers, LLC has submitted a preliminary plat application for a 33 lot cluster subdivision developed within the Golf Course Tract A ofthe Golf Course. The proposal includes 32 single family lots with an average lot size of22,564 square feet. The lots range in size from 21,783 to 28,793 square feet. The reserve lot would be approximately acres. The lots are proposed to be served by public water and on-site septic. 3. Location: The subject property is located on Golf Course Tract A of the Golf Course. The property is further described as being located within the North HalfofSection 20, Township 22 North, Range 21 East, W.M., in Douglas County, Washington. The Douglas County Assessor Tax Parcel Numbers for the subject property are and Site Information: Total Project Size: acres No. of lots 33 Domestic Water: East Wenatchee Water District Sewage Disposal: On-site septic systems PowerlElectricity: Douglas County PUD Fire Protection: Douglas County Fire District #2 Telephone Service: Frontier 5. Site Characteristics: The subject property is relatively level with general slops of7 to 10 percent near the edge ofthe terrace on the south side. Several deeply incised north-south draws P-ll-02 Page 1 of th St. NW East Wenatchee, WA

2 bisect the escarpment. The escarpment generally slope to the south at approximately 50 percent. The site is currently developed as a golf course. Holes 10 through16 are will be modified and/or relocated in order to accommodate the subdivision. 6. Surrounding Property: To the north, Orchard, large lot single family residences; to the south, Vacant; to the east, Orchard, large lot single family residences, Pangborn airport; to the west, Vacant, Orchard, large lot single family residences. 7. The Comprehensive Plan Designation is Rural Resource 5 acres. 8. The subject property is located in the RR-5 zoning district which allows for cluster subdivisions. 9. On May 11, 2001, the Douglas County Hearing Examiner approved RO-O1-0 1 on the subject property establishing a Recreational Overlay (R-O) designation for a golf course. 10. RCW (2) and DCC l00(A) require that no plat shall be approved unless adequate provisions be made for streets or roads, alleys or other public ways. 11. Access to the new residential lots would be to 8 th S1. SE via a new private road inside a private access tract. 12. A Traffic Impact Study, prepared by GTC, Gibson Traffic Consultants and dated November 18, 2009 was submitted for the proposal. The study finds that off-site improvements are the conversion ofthe intersection ofs Nile Ave and 8 th Street SE to all-way stop control to improve sight distances and safety of the intersection. 13. Frontage Improvements are addressed in Chapter ofdcc and the Comprehensive Road Standards. 8 th Street SE is designated as Rural Collector. Because the facility oflocated outside of the urban growth area, Figure 3-5, rural major & minor collector and arterial, AADT of the road standards is the applicable road standard. 14. The Douglas County Engineer approved a road deviation request on June 21, 2011 for the internal private roads proposed to serve the development. The approved deviation section for Road B includes 2-eleven foot lanes and an 8-foot parking lane (30 foot paved surface), with curb gutter and sidewalk on both sides. The structural section includes 2.5" ACP,4" CSTC and 8" - CSBC. The approved deviation standards for Road A includes 2-eleven foot lanes and a 8-foot wide pedestrianlbike path. The structural section includes 2.5" - ACP, 4" - CSTC and 8" CSBC. 15. In order to meet the state requirements for Enhanced 911 service, all lots within this plat will be addressed prior to final plat approval. 16. Section (F)(3)(a) requires that fragmentation of the reserve lot by roads easements or building sites shall not occur unless no other reasonable alternative exists. 17. The proposed private road tract will fragment the reserve lot. P-ll-02 Page 2 of 11

3 18. The location of the residential lots and the private road tract is governed by the layout of the existing golf course. 19. A cultural resources survey from Columbia Geotechnical Associates, Inc. dated June 6, 2009 was submitted by the applicant. The survey did not result in the identification of any archaeological or potential cultural resources and provided recommendations in the event that cultural or archaeological remains are inadvertently discovered. 20. Comments from reviewing agencies have been considered and addressed where appropriate. 21. The Chelan Douglas Health District has identified that the predominant soil type is Type 4 which requires a minimum lot size of 18,000 square feet per WAC A The smallest proposed residential lot size is 21,783 square feet. 23. Douglas County issued a Determination ofnon significance on November 7, 2011 pursuant to WAC (Optional DNS). 24. Surrounding property owners were given the opportunity to comment on the proposals, can request a copy of the decision, and can appeal the decision subject to the requirements outlined in DCC Title Proper legal requirements were met and surrounding property owners were given the opportunity to comment on the proposal at a public hearing. 26. Purveyors who responded to the project have indicated that adequate utilities/services are or can serve this project. 27. Soil mapping from the USDA Natural Resource & Conservation Service indicate the presence of steep and severe building soils on a portion ofthe subject property. A Geologic Risk Assessment, from J.B. Hamilton, LLC, dated April 10, 2008 was submitted by the applicant. The assessment provides conclusions and recommendations to mitigate the geologic hazards on the subject property. 28. Section ofthe Douglas County Code requires that every subdivision shall be served by a water supply system approved and installed to meet the requirements and standards ofthe Chelan Douglas Health District. 29. Public and agency comments that were received were considered by the Hearing Examiner in rendering this Decision and forming Conditions of Approval. 30. The entire Planning Staff file was admitted into the record at the public hearing. 31. The Douglas County Department of Land Services recommended approval of this preliminary plat, subject to the recommended conditions of approval. 32. An open record public hearing after due legal notice was he1d on November 17,2011. Page 3 of 11

4 33. Appearing and testifying on behalf of the applicant was Gary Bates. Mr. Bates testified that he was an agent authorized to appear and speak on behalf of the applicant. Mr. Bates testified that he agreed with all factual statements within the staff report and all proposed conditions of approval, including those changes contained in Exhibit Supplemental materials were submitted by Staff at the hearing was Exhibit 1, a November 16, 2011, memorandum from Douglas County Transportation & Land Services staff to the Douglas County Hearing Examiner. 35. Speaking from the public was Jeff Kinzel. Mr. Kinzel testified that he owns land below the golf course and subject property. He testified that there is drainage onto his property. He testified that his well had been contaminated by this drainage. He requested that the landfill on the applicant's property be cleaned up. He requested that the applicant decontaminate his well or provide him with a new well or bring water to his property. He also requested that there be fencing to keep golfers from going down the hill towards his property. 36. In rebuttal, Mr. Bates testified that the applicant would put up "No Trespassing" signs to notify their guests and property owners as to the applicant's property line and that it is considered trespassing to go past those signs. 37. Jennifer Lange ofdouglas County Transportation & Land Services testified that the County pit, located near to Mr. Kinzel's property, downhill from the applicant's property is a permitted inert waste facility. 38. The proposal is appropriate in design, character and appearance with the goals and policies for the land use designation in which the proposed use is located. 39. The proposed use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated by conditions of approval. 40. The proposal will be served by adequate facilities including access, fire protection, water, storm water control, and sewage disposal facilities. 41. Any conclusion of law that is more correctly a finding of fact is hereby incorporated as such by this reference. II. CONCLUSIONS OF LAW 1. The Hearing Examiner has been granted authority to render this decision. 2. As conditioned, the development will not adversely affect the general public, health, safety and general welfare. 3. As conditioned, the development meets the goals, policies and implementation recommendations as set forth in the Douglas County Countywide Comprehensive Plan and the Douglas County Shoreline Master Program. Page 4 of 11

5 4. As conditioned, this proposal is consistent with applicable federal and state laws and regulations. 5. Public use and interests will be served by approval of this proposal. 6. As conditioned, the proposal is consistent with Title 17 "Subdivision", Title 18 "Zoning", Title 19 "Environment", and Title 20 "Development Standards", of the Douglas County Code. 7. As conditioned, the proposed use is consistent with the intent, purposes and regulations of the Douglas County Code and Comprehensive Plan. 8. As conditioned, the proposal does conform to the standards specified in Douglas County Code. 9. As conditioned, the use will comply with all required performance standards as specified in Douglas County Code. 10. As conditioned, the proposed use will not be contrary to the intent or purposes and regulations of the Douglas County Code or the Comprehensive Plan. 11. As conditioned, this proposal does comply with Comprehensive Plan, the Shoreline Master Program, the zoning code and other land use regulations, and SEP A. 12. Any Finding of Fact that is more correctly a Conclusion oflaw is hereby incorporated as such by this reference. III. DECISION Based on the above Findings of Fact and Conclusions oflaw, Application P-11-02,, is hereby APPROVED subject to the following Conditions of ApprovaL IV. CONDITIONS OF APPROVAL All Conditions of Approval shall apply to the applicant, and the applicant's heirs, successors in interest and assigns. 1. All conditions imposed herein shall be binding on the "Applicant," which terms shall include the owner or owners of the property, heirs, assigns and successors. 2. The project shall proceed in substantial conformance with the plans and application materials of file dated August 23,2011 except as amended by the conditions herein. 3. The applicant is responsible for compliance with all applicable local, state and federal rules and regulations, and must obtain all appropriate permits and approvals. 4. A plat certificate showing parties of interest from a title company must be submitted with the blueline drawing. All parties having an ownership interest in the subject property shall acknowledge the plat. P-ll-02 Page 5 of11

6 5. It is the responsibility of the applicant to contact the Douglas County Assessor's and Treasurer's offices to confirm all taxes are current prior to final plat approval. 6. All improvements shall be in place prior to plat finalization or a subdivision agreement must be entered into between the applicant and the County. The subdivision agreement shall specify surety, time frames, etc. Ifthe developer elects to enter into a subdivision improvement agreement, an appropriate financial security such as a surety bond or irrevocable standby letter of credit shall accompany said agreement in conformance with D.C.C Bonding of improvements in lieu of construction shall be at the discretion ofdouglas County. 7. Written documentation from the Greater Wenatchee Irrigation District that all requirements of the District have been met must be submitted prior to final plat approval. 8. The size of the reserve lot shall be equal or greater to 70% of the beginning size of all parcels and shall be clearly identified on the final plat. 9. A reserve lot management plan will be approved by Douglas County and recorded. 10. Prior to final plat approval, written verification from the East Wenatchee Water District that the requirements of the District have been satisfied and certifying water availability is required. 11. The developer shall coordinate with the Douglas County Public Utility District (PUD) to determine necessary improvements and easements that may be required in order to provide electrical service to the plat. Written verification from the Douglas County PUD that easements and improvements have been addressed to their satisfaction, shall be required prior to fmal plat approval. 12. Prior to final plat approval the Douglas County Fire Marshall shall verify that fire hydrants and mains are installed per Chapter 15.28, D.C.C. and IFC. 13. The following items shall be shown on the final plat: 13.1 The location of all existing septic systems, utilities and utility and private road access easements. Existing power lines must be within 10 foot easements. New easements must be identified Adjacent platted subdivisions Property addresses for the each lot (contact Todd Wilson, Douglas County GIS coordinator, at ). 14. During construction, all work associated with the proposed project shall occur between the hours of 6:00 a.m. to 7:00 p.m., Monday through Friday and 7:00 a.m. to 7:00 p.m., Saturday. Construction activities on Sunday shall not commence before 8:00 a.m. and shall conclude by 7:00p.m. 15. The following notes shall be shown of the face ofthe plat All activities associated with lot development and improvement, including any construction, grading and excavation, shall adhere to the conclusions and Page 6 of 11

7 recommendations section in the geologic hazard assessment dated April 10, 2008 prepared by J.B. Hamilton Consulting LLC and recorded under Concurrent with the submittal ofa building permit application, the applicant must provide a letter from a licensed geotechnical professional that all site and construction plans contain necessary components and are consistent with the recommendations contained in the above listed assessment Site evaluations may be required at the time ofapplication for individual septic system construction permits Based on historical agricultural use of this land, there is a possibility the soil contains residual concentrations ofpesticides. The Washington State Department of Ecology recommends that the soils be sampled and analyzed for lead and arsenic and for organochlorine pesticides. If these contaminants are found at concentrations above the MTCA cleanup levels, the Washington State Department ofecology recommends that potential buyers be notified of their occurrence. This note shall not be required to be placed on the final plat, ifthe soils are sampled by a professional with adequate credentials to verify that the site does not contain lead and arsenic and organochlorine pesticides at concentrations above the MTCA cleanup levels The reserve lot shall only be utilizedfor the purposes identified by Section , and as specifically identified by the reserve lot management plan recorded under AFN#. Amendment to the management plan may be considered under the provisions ofsection Structures shall be allowed on the reserve lot only in conformance with the approved reserve lot management plan. 16. The 25 foot foundation setback from the escarpment slopes identified in the J.B. Hamilton Geologic Hazard Assessment shall be located on the final drawings in an areas where said setback intersects the residential lots. This setback shall be labeled "Geologic hazard setback, see Note (use note number for geologic hazard assessment required in condition ofapproval #13). 17. In the event that archaeological or cultural remains are discovered, work should be halted in the immediate area, and contact made with the WDAHP. If a inadvertent discovery of human remains is made, work should be immediately halted in the discovery area, the remains covered and secured against further disturbance and communication established with local law enforcement, DAHP, and authorized Tribal representatives. Work in both instances shall remain halted until such time as appropriate consultation and any further investigations are concluded. 18. The following language must appear with the Health District signature line: 18.1 "The Health District has not reviewed the legal availability of water to this plat." 19. Mailboxes serving this subdivision must be located on 8 th Street SE. 20. All lots shall have frontage that meets DCC Final plans for on site and off site road improvements designed by a professional engineer licensed in the State ofwashington shall be submitted to and approved by Douglas County prior to construction. Construction plans shall be prepared in accordance with the requirements Page 7 of 11

8 ofdouglas County Code Chapters 12, 17 and IS, to AASHTO Policy on Geometric Design of Highways and Streets and in accordance with Douglas County Code. 22. Final design plans for the improvements in public rights-of-way and affecting existing public facilities require County acceptance prior to the start of construction. 23. Grading and excavation shall conform to Douglas County Code, Chapter Grading and Excavation. 24. VerifY and/or dedicate additional right-of-way on Sth Street SE such that there is 30 feet of right-of-way from centerline. 25. The required road improvements for this development include: 25.1 Intersection improvements will be necessary at the proposed private Road A and Sth Street SE, including provisions to level the landing at the intersection Frontage improvements to Sth Street SE, in accordance with Douglas County Standards, including 5 feet of surface widening, and a 2 foot gravel shoulder. Structural section to be in accordance with Figure 3-5. The structural section includes 3" - ACP, 4" CSTC, and 10" CSBe. Appropriate transitions/tapers shall be included in frontage length The internal roadway (Road B) shall be designed and constructed in accordance with the Request for Deviation Approval dated June 21, Road B shall be signed "No parking" on one side of the road The internal roadway (Road A) shall be designed and constructed in accordance with the Request for Deviation Approval dated June 21, Road A shall be signed "No Parking" on both sides of the road. 26. Final construction plans shall implement the recommendations contained within the November IS, 2009 Traffic Impact Study prepared by Gibson Traffic Consultants including appropriate traffic control plan during and post construction. Specifically the intersection of S. Nile Ave and SIh Street SE shall be transitioned to an all-way stop control intersection. Coordinate with Douglas County for signage installation. 27. Prior to final plat approval, requirements for acceptance ofthe constructed improvements shall be met in accordance with the Road Standards, including Section Final Acceptance, and Performance Assurance, B., Maintenance Performance. The agreement shall specify surety time frames etc. If the developer elects to enter into a subdivision improvement agreement, an appropriate financial surety bond or irrevocable standby letter of credit shall accompany said agreement in accordance with DCC 14.90, Performance Assurance and Guarantee. Bonding of improvements in lieu of construction shall be at the discretion of Douglas County. 2S. Prior to final plat approval and/or release of financial security, the engineer of record shall provide written certification that the final construction plans for the internal road, utility plans, stormwater systems, and site grading plans have been constructed in accordance with the conditions of approval, Douglas County Code, the approved construction plans, and geotechnical assessments. Monitoring shall be required as determined appropriate by the Page 8 of 11

9 engineer or geologist of record and in accordance with the Douglas County Road Standards, with final reports submitted to Douglas County. 29. Prior to final plat approval, a private access maintenance and improvement agreement(s) must be recorded and AF# referenced on the face ofthe final plat. It shall be clearly noted on the face of the plat that Douglas County will not maintain the private road. 30. The applicant shall be responsible for preventing mud, dirt and debris from the site, including stormwater runoff from being tracked or otherwise discharging onto the public right-of-way or adjacent properties. 31. In accordance with Douglas County Code 20.36, a final stormwater drainage plan designed by a professional engineer licensed in the State of Washington shall be submitted to and approved by Douglas County prior to construction. The plan shall take site grading into consideration and its effect on adjacent properties and shall accommodate off-site runoff. Measures to address stormwater infiltration during frozen soil conditions shall be included. The stormwater plan must have supporting calculations and final "as built" drawings shall be delivered to Douglas County upon completion. Any modifications to the system during construction shall be analyzed by the engineer and the results provided to the County to demonstrate the constructed stormwater facilities meet the conditions ofapproval. This system will include modification to an existing system a complete, comprehensive report regarding the entire revises system shall be submitted and approved. 32. Prior to final plat approval, an operation and maintenance agreement must be recorded and AF# referenced on the face ofthe final plat regarding the private stormwater facilities. Said agreement may be incorporated into proposed protective covenants. It shall be clearly noted on the face ofthe plat that Douglas County will not maintain the on-site stormwater facilities. Douglas County shall have the right to periodically inspect these facilities to verify design capacity and operation. A perpetual access easement shall be granted to the County and/or other governmental agencies having jurisdiction regarding stormwater facilities. The agreement shall specify the homeowners ofthe subdivision as having responsibility for the long-term maintenance ofthe private stormwater drainage system within the development. 33. Design and construction of the stormwater facilities for the site and the road shall conform to the requirements contained in the DC Road Standards including but not limited to Section Storm water Management and the Stormwater Management Manual for Eastern Washington. 34. A note on the face of the plat, as determined at the time of construction plan preparation and approval may require and site specific drainage design at the time of building permit submittal to address (contain and dispose of) on-site stormwater runoff and/or a plan for connecting the impervious surfaces associated with lot development to the stormwater stub provided. The note shall further stipulate that prior to occupancy the property owner shall provide certification from the engineer that the stormwater improvements have been completed. Finally a private stormwater operation and maintenance agreement (Douglas County standard form) shall be executed for the individual stormwater systems. P-ll-02 Page 9 of 11

10 35. Stonn drainage tracts and stonnwater easements shall be clearly noted on the face ofthe plat Restrictions on future use and grading allowed within these areas must be clearly noted and described in the homeowner's association documents or protective covenants and within the subdivision "Stonnwater Operation and Maintenance Agreement" 36. Erosion control measures shall be designed in accordance with the J.B. Hamilton Geotechnical Evaluation and the Stonnwater Management Manual for Eastern Washington. Best Management Practices shall be employed to prevent runoff from flowing over the site slopes. Disturbed areas shall be re-vegetated and maintained throughout construction. Final grading shall incorporate permanent erosion control measures which routes stonnwater runoff away from site slopes and directs the collected water to appropriate discharge locations. 37. Covenants for the subdivision shall incorporate a statement that lot owners are responsible for preventing stonnwater runoff from discharging from their lot and onto adjacent properties. 38. Individual/common plan ofdevelopment for this proposal exceeds 1 acre of disturbed ground. This meets the threshold used by the Washington State Department ofecology in administering their General Pennit to Discharge Stonn Water Associated with Construction Activity. If required, the permit shall be obtained prior to beginning ground breaking activities. Acquisition of pennits is the responsibility ofthe applicant. 39. Appropriate measures to prevent sediment from leaving the site shall be maintained until such time as all on-site soils are stabilized. Prior to anyon-site grading taking place, a temporary erosion/sedimentation control plan (SWPPP-Stonnwater Pollution Prevention Plan), showing the location and control measures intended to minimize the effects oferosion and siltation due to construction operations shall be submitted and accepted by the County. This plan shall be maintained on-site at all times and modified as necessary to address erosion issues as they arise. Additional erosion controls shall be implemented as necessary to prevent sediment from leaving the site. 40. One access point for construction activities shall be approved. A stabilized construction access for the site shall be shown 0 the Stonnwater Pollution Prevention Plan (SWPPP). The SWPPP shall be submitted and accepted prior to on-site grading taking place. 41. Preliminary approval shall expire 7 years from the date ofnotice ofaction by the Douglas County Hearing Examiner. Final plat approval after the expiration will require the submittal of a new preliminary application and approval based on applicable documents and codes in effect at the time of re-application. Dated this day of November, P Page 10 of11

11 Any aggrieved party or agency of record may request a reconsideration of this Hearing Examiner's decision. Motions for reconsideration must be filed with the Department within ten (10) days from the date of issuance as defined by RCW 36.70C.040(4)(a). Unless otherwise provided, the filing of a motion for reconsideration shall not stop or alter the running of the period provided to appeal the Hearing Examiners decision to Superior Court. Motions for reconsideration are governed by Douglas County Code Anyone aggrieved by this decision has twenty-one (21) days from the issuance of this decision, to file an appeal with Douglas County Superior Court, as provided for under the Judicial Review of Land Use Decisions, RCW 36.70C.040(3). The date of issuance is defined by RCW 36.70C.040 (4)(a) as "(t)hree days after a written decision is mailed by the local jurisdiction or, if not mailed, the date on which the local jurisdiction provides notice that a written decision is publicly available" or if this section does not apply, then pursuant to RCW 36.70C.040(3) (c) ".. the date the decision is entered into the public record." Anyone considering an appeal of this decision should seek legal advice. Page 11 of 11