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Agenda 04/12/2012 �CITYok�..ne � Val�e � � Spokane Valley Planning Commission Agenda City Hall Council Chambers, 11707 E. Sprague Ave. Apri112, 2012 6:00 p.m. L CALL TO ORDER IL PLEDGE OF ALLEGIANCE IIL ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES: VL PUBLIC COMMENT: On any subject that is not on the agenda VIL COMMISSION REPORTS VIIL ADMINISTRATIVE REPORT IX. COMMISSION BUSINESS A. UNFINISHED BUSINESS: 1. NO UNFINISHED BUSINESS B. NEW BUSINESS: 1. Public Hearing— Shoreline Advisory Group Public Hearing Draft Shoreline Master Program Goals and Policies X. FOR THE GOOD OF THE ORDER XL ADJOURNMENT COMMISSIONERS CITY STAFF BILL BATES -CHAIR JOHN HOHMAN,CD DIRECTOR 70HN G.CARROLL SCOTT KUHTA,PLANNING MGR,AICP RUSTiN HALL RoD HIGGINs STEVEN NEILL MARCIA SANDS DEANNA GRIFFITH,SECRETARY JOE STOY-VICE CHAIR WWW.SPOKANEVALLEY.ORG CITY OF SPOKANE VALLEY Request for Planning Commission Review Meeting Date: April 12,2012 Item: Check all that apply: ❑consent ❑old business ❑new business �public hearing ❑information ❑ admin.repoi�t ❑ pending legislation AGENDA ITEM TITLE: Public Hearing — Shoreline Master Program (SMP) Update - Draft Goals and Policies GOVERNING LEGISLATION: Shoreline Management Act(SMA)under RCW 90.58 PREVIOUS ACTION TAKEN: A study session was held on March 22, 2012. NOTICE: Notice for the public hearing was placed in the Spokane Valley News Herald on March 23, 2012. The notice was provided consistent with applicable provisions of SVMC Title 17. APPROVAL CRITERIA: RCW 90.58 and WAC 173-26 de�ne the process for approval of an SMP and require that the document be consistent with the goals and policies of the SMA. BACKGROUND: The City's Shoreline Master Program update team,with the assistance of a Shoreline Advisory Group (SAG), completed draft Goals and Policies for the Shoreline Master Program Update in July 20ll. Subsequently, Council determined that legal counsel with experience in Shoreline Master Program (SMP) Updates would be retained, delaying further work on the update process. Van Ness Feldman GordonDerr was selected in January 2012 to provide special legal counsel to the City. Public Review of the Draft Shoreline Goals and Policies is underway. At this time the Planning Commission is tasked with reviewing the document, conducting a public hearing, considering public input, and providing a recommendation to the City Council. The draft goals and policies were provided with the March 22 Study Session materials for your review. While it is anticipated that the goals and policies will be modified through the public review process, the starting point for discussion is the SAG's draft. Attorney Tadas Kisielius has completed a review of the Goals and Policies and provided written comment that highlights areas where the draft goals and policies may exceed,meet, or fall below the state guidelines. This information was provided to you with your March 22 Study Session Packet. Attorney Tadas Kisielius will be present to provide assistance to the Planning Commission during deliberations tentatively scheduled for April 26, 2012. He will also discuss the March 15, 2012 memo. The purpose of this hearing is to consider public comments on the draft Goals and Policies. After hearing testimony, the Planning Commission should determine if they would like to extend the deadline to submit written comment. A staff recommendation is not included at this time. The public comment period will close on April 12`h� Once all public comment is received, staff will review the information and develop a recommendation for Planning Commission consideration. The recommendation will be included in the April 26, 2012 RPCA. OPTIONS: Planning Commission may close the public comment period, or extend it to Apri126, 2012 when the Commission will begin deliberations. STAFF CONTACT: Lori Barlow, AICP, Senior Planner ATTACHMENTS: 1. Power Point Presentation Previously provided with March 22,2012 Study Session Materials: 1. Draft Goals and Policies,2. Attorney Tadas Kisielius Memo March 15,2012,3. Centennial Properties Comments July 19,2011,4. Doug Pineo's Comments July 22,2011 1of1 - . � [SHORELINE ADVISORY GROUP DRAFT FOR PUBLIC HEARING 03-22-12 D r-r r-r v n General Goals and Policies � � � Goal SMP 1: Enhance the City's shorelines by establishing and implementing goals, policies, and � regulations which promote a mixture of reasonable and appropriate shoreline uses that improve the City's character,foster its historic and cultural identity, and conserve environmental resources. Policies SMP 1.1 Coordinated Planning Coordinate shoreline planning between the City of Spokane Valley, agencies with jurisdiction, adjoining jurisdictions, the State of Washington, and the State of Idaho into which the river basin extends, and consider the plans of non-government organizations (NGO's) and/or special interest groups. SMP 1.2 Consistency with Other Plans and Programs Ensure that the City of Spokane Valley Shoreline Master Program is consistent with the Washington State Shoreline Management Act and Growth Management Act, the basic concepts, goals, policies, and land use plan of the City of Spokane Valley Comprehensive Plan and development regulations, the City of Spokane Valley Critical Areas Ordinances, and the Shoreline Master Programs of adjacent jurisdictions. SMP 1.3 No Net Loss of Ecological Functions Ensure that all shoreline uses and development are regulated in a manner that guarantees no net loss of shoreline ecological functions SMP 1.4 Public Interest and Property Rights Protect the interests of the public in attaining the goals of the Shoreline Master Program, in a manner consistent with all relevant constitutional and other legal limitations on the regulation of private property. SMP 1.5 Shoreline Designated Environments Designate shoreline environments for the City of Spokane Valley shorelines that are consistent with the Comprehensive Plan land uses, shoreline management practices, and shoreline inventory within each designated area. SMP 1.6 Use preferences for all Shorelines Give preference to those shoreline activities which fulfill long range Comprehensive Plan goals and the Shoreline Management Act policy priorities, as listed and discussed below: It is the policy of the City to provide for the management of its shorelines by planning for and fostering all reasonable and appropriate uses. Policies are designed to ensure the development of the City's shorelines in a manner which will promote and enhance the public interest. These policies will protect against adverse effects to the public health, the land, its vegetation and aquatic life and wildlife, and the waters of the Spokane River, Shelly Lake and the Sullivan Road and Park Road Gravel Pits and their aquatic life. SMP 1.7 Use preferences for Shorelines of State-wide Significance The State Legislature has declared that the interest and benefit of all of the people shall be paramount in the management of shorelines of state-wide signi�cance, and therefore preference shall be given to uses in the following order of preference which:. 1. Recognize and protect statewide interest over local interest City of Spokane Valley � Draft Goals and Policies - . � �SHORELINE ADVISORY GROUP DRAFT FOR PUBLIC HEARING 03-22-12 2. Preserve the natural character of the shoreline 3. Allow uses that result in long-term over short-term benefits 4. Protect the resources and ecology of shorelines 5. Provide public access to publicly owned areas of shorelines 6. Increase recreational opportunities for the public on the shorelines. Histo�ical, Cultural, Scientific & Educational Element Goal SMP 2: Goal: Protect the historic, cultural, scientific or educational sites within the shoreline that reflect our community's unique heritage and create or contribute to our collective sense of place. Policies ` SMP 2.1 Sites and Structures � � Identify, preserve, and manage shoreline sites and structures having historical, cultural, scientific or educational value, and develop regulations that avoid, minimize, or mitigate any adverse impacts to these resources. SMP 2.2 Sites and Building Acquisition Public acquisition through gifts, bequests, grants, or donations of buildings or sites having cultural, scientific, educational, or historical value should be encouraged. SMP 2.3 Development Impacts Discourage public or private development and redevelopment activities on any site, area, or building identified as having historical, cultural, educational or scientific value. SMP 2.4 Cooperation and Consultation Ensure constant cooperation and consultation with affected agencies and tribes for projects that could potentially impact cultural and historical resources. SMP 2.5 Inventory of Sites Work with tribal, state, federal and local governments as appropriate to maintain an inventory of all known significant local historic, cultural, and archaeological sites in observance of applicable state and federal laws protecting such information from public disclosure. SMP 2.6 Site Inspection and Evaluation Ensure early and continuous site inspection, consultation or evaluation by a professional archaeologist in coordination with affected tribes for all permits issued in areas documented to contain � archaeological resources. v � S Utilities Element � � r-r Goal SMP 3: Maintain and provide adequate utility services within the shoreline environment N while preserving and enhancing the natural environment and ecology of the shoreline. City of Spokane Valley � Draft Goals and Policies - . � �SHORELINE ADVISORY GROUP DRAFT FOR PUBLIC HEARING 03-22-12 Policies SMP 31 Location Locate new public facilities and utilities, including, but not limited to, utility production, processing, distribution, and transmission facilities outside of the shoreline jurisdiction whenever feasible. SMP 3.2 Place Underground Require new utilities and facilities that must be located within the shoreline to be built underground, if feasible, and utilize low impact, low profile design and construction methods to the maximum extent possible. SMP 3.3 Existing Rights-of-way Require new utilities and facilities to be located in existing rights-of-way whenever possible. SMP 3.4 Maintenance Design When e�sting utilities located within shoreline jurisdiction require maintenance or other improvements, the maintenance/improvement should be designed and implemented to minimize additional impacts on the shoreline environment and,if possible, to correct past impacts caused by the utility. SMP 3.5 Preference to Existing Facilities and Utilities Give preference to established utility corridors and rights-of-way for upgrades and reconstruction of e�sting utilities and facilities, unless a location with less potential to impact the shoreline environment is available. SMP 3.6 Stormwater Facilities Stormwater utilities will be designed and located as to minimize environmental impacts within the shoreline jurisdiction. If located within the shoreline jurisdiction they shall require the use of best management practices (e.g. biofiltration measures) and landscaping with native vegetation to provide habitat, ecological restoration, and aesthetic improvements. All stormwater facilities must protect water quality,manage runoff and address erosion control and sedimentation. Circulation Element Goal SMP 4: Provide a safe, convenient, and multimodal circulation system which will minimize disruption to the shoreline environment Policies SMP 4.1 Transportation Access Ensure that a system of arterials, scenic drives,pathways,public transit routes, and bikeways adjacent to and within the shoreline areas provide appropriate access to the Spokane River in a way that meets the needs and desires of the community as reflected in the Comprehensive Plan,while also preserving ecological function of the shorelines. City of Spokane Valley � Draft Goals and Policies - . � [SHORELINE ADVISORY GROUP DRAFT FOR PUBLIC HEARING 03-22-12 SMP 4.2 Location of New Streets or Street Expansions Locate new streets or street expansions outside of the shoreline jurisdiction, unless no other options are available or feasible. In all cases, streets should be on the landward side of development. SMP 4.3 Consolidation of Corridors Encourage the consolidation of transportation and utility corridors crossing the shoreline environment in order to minimize the number of crossings, and encourage the collocation of utilities on bridges or in transportation rights of way whenever possible by considering the needs during the design of bridge and corridor upgrades. SMP 4.4 Transportation Facilities Plan, locate, and design proposed transportation facilities where routes will have the least possible adverse effect on shoreline ecological functions, will not result in a net loss of shoreline ecological functions, or adversely impact e�sting or planned water dependent uses. SMP 4.5 Stormwater Treatment All development within the shoreline jurisdiction area shall provide stormwater treatment for all new and redeveloped pollution generating impervious surfaces. SMP 4.6 Parking Facilities for Public Access Parking facilities for public access to the shoreline and water should be kept as far from the shorelines as feasible SMP 4.7 Parking Facilities not a Primary Use. Parking facilities should only be allowed as necessary to support permitted shoreline uses, and not as a primary use, and must be located outside of the shoreline jurisdiction area if other options are available and feasible. SMP 4.8 Impacts of Parking Facilities Minimize the environmental and visual impacts of parking facilities where allowed. SMP 4.9 Retain Unused Public Rights-of-way for Visual and Physical Access Retain unused public rights-of-way within the shoreline area to provide visual and physical access to the shoreline unless: • The street vacation enables the City to acquire the property for beach or water access purposes, boat moorage or launching sites, park, public view, recreation, or educational purposes, or other public uses or the City declares that the street or alley is not presently being used and is not suitable for the above purposes; or • The street vacation enables the City to implement a plan, that provides comparable or improved public access to the same shoreline area to which the streets or alleys sought to be vacated,had the properties included in the plan not been vacated. D r-r SMP 4.10 Improve Non-Motorized Access to Shoreline � S Improve non-motorized access to the shoreline by developing,where appropriate,pathways, trails and � � bikeways along and adjacent to the shoreline. Connectivity between non-motoriaed access points is rt N encouraged. City of Spokane Valley � Draft Goals and Policies � - . � �SHORELINE ADVISORY GROUP DRAFT FOR PUBLIC HEARING 03-22-12 SMP 4.11 Recognition of Centennial Trail Recognize the importance and uniqueness of the Spokane River Centennial Trail to the City of Spokane Valley, the region, and the state, Future trail development including trail extensions, new access points,whether public or private, shall be designed to have the least adverse impact. SMP 4.12 New Rail Lines Allow new rail lines and the expansion of existing rail corridors within the shoreline jurisdiction only for the purpose of connecting to existing rail lines or rights-of-way. Construct new rail lines within an existing rail corridor where possible. SMP 4.13 Rail Lines affecting Public Access Construct, where feasible, all new rail lines so that they do not compromise the public's ability to access the shoreline safely. Economic Development Element �� Goal SMP 5: Encourage and support water dependent,water oriented, and water related economic activities within the shorelands of the City of Spokane Valley that will be an asset to the economy of the area and that will protect and maintain the ecological functions of the shoreline environment Policies SMP 51 Location of Economic Development Give preference to economic development within the shoreline jurisdiction that is particularly dependent on their location on or use of the shoreline. Encourage new development to locate in areas that have intensive prior use and can be upgraded or redeveloped. Encourage new economic development to cluster into areas of the shoreline whose current use is compatible. SMP 5.2 Design of Economic Development Development should be designed to minimize the impacts to the shoreline aesthetic through architectural, landscape, and other design features. All non-shoreline dependent elements of the development should be placed inland. Encourage design that seeks to restore damaged or compromised shoreline through incentives. SMP 5.3 Provisions for Physical and Visual Availability to Water Historic areas, overlook points, structures, and points of public access to the waterfront should be incorporated in economic development site-planning. SMP 5.4 Encourage Regional Tourism Strengthen regional tourism by expanding and developing neighborhood and regional linkages and improvements that use the shoreline areas. SMP 5.5 Consistency with Comprehensive Plan and Development Regulations Proposed economic development in the shoreline should be consistent with the City of Spokane Valley Comprehensive Plan and development regulations. Upland uses on adjacent lands outside of City of Spokane Valley � Draft Goals and Policies - . � [SHORELINE ADVISORY GROUP DRAFT FOR PUBLIC HEARING 03-22-12 immediate SMA jurisdiction (in accordance with RCW 90.58340) should protect the preferred shoreline uses from being impacted by incompatible uses. SMP 5.6 Evaluation of Economic Gain Require that the short-term economic gain or convenience of development be evaluated against the long-term and potentially costly impairments to the natural environments and state-wide interest that may result. SMP 5.7 Provisions for Shoreline Protection Require that development provide adequate provisions for the protection of water quality, erosion control, landscaping, aesthetic characteristics, stormwater systems, fish and wildlife habitat, views, archaeological sites, and normal public use of the water. SMP 5.8 Promote Recreational Uses Promote recreational uses of the shorelines to contribute to the economic attractiveness of the city. Seek opportunities to partner with public and private property owners to increase public recreational opportunities in the shoreline. SMP 5.9 Water-Enjoyment Areas Promote the identification and establishment of water-enjoyment areas, such as parks, view points, beaches and pathways as attractions. SMP 5.10 Business and Industry Operations Encourage shoreline industries and businesses to maintain a well kept appearance and to operate in a manner that will not cause negative environmental impacts to the community. SMP 5.11 Redevelopment Encourage and provide incentives for redevelopment of existing sites that includes points of public access, areas designed for public enjoyment, improve fish and wildlife habitat, or improve fish passage. SMP 5.12 Building Orientation New public and private shoreline uses and developments should be planned and designed to attract the public to the waterfront. SMP 5.13 Design Feature Incentives Incentives should be created to encourage developers to incorporate design features into the waterside of the building. SMP 5.14 Support and maintain the existing aggregate mining industry as a significant component of the area economy. City of Spokane Valley � Draft Goals and Policies . - . � [SHORELINE ADVISORY GROUP DRAFT FOR PUBLIC HEARING 03-22-12 Conse�vation Goal SMP 6: Preserve for the future those natural resources, including the unique, fragile and scenic qualities of the shoreline, which cannot be replaced. Achieve no net loss of ecological D functions of the shoreline. � S POliCies: � � � r-r SMP 6.1. Areas to be Preserved N Areas that provide open spaces, scenic vistas, contribute to shoreline aesthetics, natural vegetation and, fish and wildlife habitat should be preserved SMP 6.2 Protect Vegetative Buffers and Setbacks Protect existing vegetation and shoreline ecological function by designating buffers and setbacks that are supported by the 2010 Shoreline Inventory. SMP 6.3 Acquisition of Unique Shoreline Areas Acquire and maintain, through conservation futures, donations, grants, general funds, or other sources, shoreline areas containing natural elements especially worthy of preservation or especially attractive to the public, such as beaches, forest covers, trees, wildlife populations, vistas and other scenic features. SMP 6.4 Preserve Ecological Connectivity Protect and preserve ecological viability and connectivity through use of habitat islands and corridors within the shoreline area. SMP 6.5 Incentives for Retention of Resources Lands Retain existing open space and environmentally sensitive areas on private property through the e use of incentives. SMP 6.6 Mitigation of Negative Impacts Development shall avoid and if avoidance is not possible, mitigate negative impacts to steep banks, surface and ground water quality, ecological functions, fish and wildlife habitat,vegetative cover, and erosion of the soil. SMP 6.7 Cumulative Impacts Regulations shall assure that the commonly occurring and foreseeable cumulative impacts of development do not cause a net loss of ecological functions of the shoreline. Restor�tion Goal SMP 7: Restore habitat and the natural systems to improve shoreline ecological functions. Policies SMP 7.1 Restoration Plan Develop a Restoration Plan that will identify degraded areas and provide a framework for restoration efforts to improve the existing ecological function and provide a mechanism for mitigation of unavoidable and unforeseeable future development City of Spokane Valley � Draft Goals and Policies - . � [SHORELINE ADVISORY GROUP DRAFT FOR PUBLIC HEARING 03-22-12 SMP 7.2 City Stewardship Ensure that the City of Spokane Valley assumes a primary stewardship role through restoration efforts on city-owned and controlled land. Manage the City's programs, services, and operational infrastructure in a manner that achieves no net loss of ecological or shoreline functions. SMP 7.3 Incentives for Restoration and Enhancement Projects Provide incentives for projects that include restoration and enhancement components by implementing tools which may include but are not limited to: modifying the shoreline setback area that would apply to the restored areas or allowing a greater range of uses or flexible development standards (e.g., setbacks) on properties providing restoration and or enhancement. SMP 7.4 Gravel Pit Restoration Plans Assist the Gravel Pits in the development and implementation of restoration plans for pits that are consistent with the Shoreline Master Program and the Department of Natural Resources . SMP 7.5 Cooperative Restoration Programs Encourage cooperative restoration programs between local, state, and federal public agencies, tribes, non-profit organizations, and landowners. Critical Areas Element Goal SMP 8: Preserve and protect existing ecological functions and ecosystem-wide processes within wetlands, critical aquifer recharge areas, fish and wildlife habitat conservation areas, geologically hazardous areas and frequently flooded areas. Ensure no net loss of ecological function within these critical areas. Policies SMP 8.1 Consistency with Critical Areas Goals and Policies Ensure the critical area goals and policies for the Shoreline Master Plan are consistent with the critical areas goals and policies contained in the Comprehensive Plan. SMP 8.2 No net loss of ecological function Ensure regulatory protection measures developed for the shoreline area assure no net loss of shoreline ecological functions necessary to sustain shoreline natural resources as defined by Washington State Department of Ecology guidelines adopted pursuant to RCW 90.58.060 SMP 8.3 Preserve and protect critical areas defined as Wetlands through protective measures. Rate wetlands based on the quality of the wetland and the ecological function they serve. Develop protective measures tailored to the wetland quality and function and that consider the characteristics and setting of the buffer and the impacts on adjacent land use. SMP 8.4 Preserve and protect critical areas defined as Wetlands through mitigation measures. Base wetland mitigation on the wetland rating and require mitigation sequencing. Only allow compensatory mitigation after mitigation sequencing has been applied and higher priority means of mitigation have been deemed infeasible. City of Spokane Valley � Draft Goals and Policies - . � [SHORELINE ADVISORY GROUP DRAFT FOR PUBLIC HEARING 03-22-12 D r-r v n S SMP 8.5 Protect people and property from risk associated with critical areas defined as � Geologically Hazardous Areas. � Limit development that would cause foreseeable risk from geological conditions to people or property. Do not allow development that will require structural shoreline stabilization except in the limited cases where it is necessary to protect an allowed use and no alternative location is available. Allow structural shoreline stabilization to protect existing homes only when relocation or reconstruction is infeasible. Do not allow structural shoreline stabilization that will result in a net loss of ecological function. SMP 8.6 Preserve and protect critical areas defined as Fish and Wildlife Habitat Conservation areas Develop measures that assure no net loss of ecological functions of river, lake and stream corridors associated with fish and wildlife habitat. Integrate the protecfion of fish and wildlife habitat with flood hazard reduction and other fish and wildlife management provisions. Develop measures that authorize and facilitate habitat restoration projects. SMP 8.7 Preserve and protect critical areas defined as Critical Aquifer Recharge Areas. Protect the hydrologic connections between water bodies, water courses, and associated wetlands. Integrate the protection of critical aquifer recharge areas with jurisdictional and non jurisdictional aquifer protection measures such as Watershed Management Plans, Wellhead Protection Plans, Department of Natural Resources Forest Practices, and others as appropriate. SMP 8.8 Protect people and property from risk associated with critical areas defined as Frequently Flooded Areas Limit development that would cause foreseeable risk to people and property from frequent flooding. Ensure frequently flooded areas are fully addressed in the goals and policies of the Flood Hazard Reduction element of this plan. Flood Hazc�rd Reduction Element Goal SMP 9: Prevent and reduce flood damage in shoreline areas to protect ecological functions, shoreline habitat,lives, and public and private property. Policies SMP 9.1 Development within the Shoreline Prohibit development within the shorelines that would intensify flood hazards or result in cumulative significant adverse effects to other properties, as regulated by Chapter 2130, Floodplain Regulations, of the Spokane Valley Municipal Code. SMP 9.2 Coordination among agencies Coordinate flood hazard reduction planning among the applicable agencies. SMP 9.3 Structural Flood Hazard Reduction Allow new structural flood hazard reduction measures only: City of Spokane Valley � Draft Goals and Policies • - . � [SHORELINE ADVISORY GROUP DRAFT FOR PUBLIC HEARING 03-22-12 • Where scientific and engineering analysis has demonstrated it to be necessary, and when non- structural methods are infeasible and mitigation is accomplished; and • Landward of associated wetlands and buffer areas except where no alternative e�sts, as documented in an engineering analysis; and • When consistent with current best management practices, using natural materials whenever feasible. Note: An example of a structural flood hazard reduction measure is a structure placed by humans within a stream or river waterward of the ordinary high mark such as,but not limited to a diversion or modification of water flow to control flooding. SMP 9.4 Removal of Gravel Allow removal of gravel for flood control only if biological and geomorphological study demonstrates a long-term benefit to flood haaard reduction and no net loss of ecological functions. This does not apply to the permitted gravel mining operations underway at the time of SMP adoption and approval. SMP 9.5 Natural Vegetative Buffers Maintain, protect, and restore natural vegetative buffers that are within the floodplain of the Spokane River that function to reduce flood hazards. SMP 9.6 Alternate Flood Control Measures When evaluating alternate flood control measures, consider the removal or relocation of structures in floodplain areas. Public Access Element Goal SMP 10: Provide diverse, reasonable, and adequate public access to the shorelines of the state consistent with the natural shoreline character, private property rights, public rights under the Public Trust Doctrine, and public safety while maintaining no net loss of ecological function. Policies SMP 10.1 Public Interest and Private Property Promote and enhance the public interest with regard to rights to access waters held in public trust by the state,while protecting private property rights and public safety. SMP 10.2 Shoreline Development by Public Entities Require public entities, including local governments, state agencies and public utility districts, to include public access as part of each development project unless such access is incompatible due to reasons of safety, security or impact to the shoreline environment. SMP 10.3 Shoreline Development Require the dedication and improvement of public access in developments for water-enjoyment, water-related and non water-dependent uses and for the subdivision of land into more than four parcels,with exceptions as allowed by WAC 173-26-221(4)(d)(iii). SMP 10.4 Public Access Maintenance and Improvements City of Spokane Valley � Draft Goals and Policies � - . � [SHORELINE ADVISORY GROUP DRAFT FOR PUBLIC HEARING 03-22-12 When improving and maintaining existing public access points, minimize additional impacts on the shoreline environment and, if possible, correct past adverse environmental impacts caused by the public access. SMP 10.5 Access Plan Develop a formal Public Access Plan for an integrated shoreline area public access system that identifies specific public needs and opportunities to provide public access that includes visual and physical access. The plan should identify access opportunities and circulation for pedestrians (including disabled persons),bicycles, and vehicles between shoreline access points. SMP 10.6 Design of Access Measures Require that public access measures have a design appropriate to the site, adjacent property, and general nature of the proposed development, while protecting and providing views. Public access facilities should be designed with provisions for persons with disabilities,where appropriate. SMP 10.7 Motor Vehicle Access Where access to the water's edge by motor vehicles is necessary, parking areas should be kept as far from the shorelines as possible. Parking facilities shall implement a design appropriate for the shoreline environment. SMP 10.8 Access Design and Spacing Access design and spacing of access points should be based on the biophysical capabilities of the shoreline features and should protect fragile shoreline environment. SMP 109 Impacts on Views Minimize the impacts to existing views where the view is taken from the water or shoreline, public property or substantial numbers of residences. Water-dependent shoreline uses and physical public access shall have priority over maintaining a view when a conflict between them is irreconcilable. SMP 10.10 Permitted Uses Regulate the design, construction, and operation of permitted uses in the shorelines of the state to minimize, insofar as practical,interference with the public's use of the water. SMP 10.11 Incentives Incentives such as densiry or bulk and dimensional bonuses should be considered if development proposals include additional public access beyond that required by this SMP. SMP 10.12 Non-Motorized Access Preference shall be given to the development , or improvement, of access for non-motorized recreational activities. Recreation Element Goal SMP 1L• Increase and preserve recreational opportunities on the shorelines of the City of Spokane Valley Policies SMP 11.1 Preserve Shorelines for Public Recreational Use Encourage appropriate public agencies to preserve shorelines for public use and to dedicate or transfer appropriate shoreline land for recreational uses. City of Spokane Valley � Draft Goals and Policies - . � [SHORELINE ADVISORY GROUP DRAFT FOR PUBLIC HEARING 03-22-12 SMP 11.2 Encourage Passive and Active Recreation Both passive and active recreation should be encouraged for appropriate shorelines. SMP 11.3 Recreational Areas Protect Shoreline Ecological Functions Recreational areas should be located, designed, developed, managed and maintained in a manner that protects shoreline ecological functions and processes. SMP 11.4 Linkages to Recreation Areas Hiking paths, bicycle paths, easements and scenic drives should link shoreline parks, recreation areas and public access points. SMP 11.5 Public Access Priority Public use and access to the water should be a priority in recreational development. SMP 11.6 Recreational Opportunities for All Ensure that recreational planning takes into account the differences in use groups, physical capabilities, and interests among the public in order to provide opportunities for safe and convenient enjoyment of the shorelines. SMP 11.7 Adequate Support Facilities Create adequate support facilities of uses such as parking areas, maintenance buildings, and rest rooms to meet shoreline recreational demands. SMP 11.8 Non-Motorized Recreation Preference shall be given to non-motorized recreational activities. Shoreline Use Element Goal SMP 12: Consider the use and development of shorelines and adjacent land areas for housing, business, industry, transportation, recreation, education, public buildings and grounds, utilities and other categories of public and private land uses in relation to the natural environment and ensuring no net loss of ecological function. Policies Gene�al Use Policies SMP 12.1 Shoreline Use Priorities Give preference to water-dependent and single family residential uses that are consistent with preservation of shoreline ecological functions and processes. Secondary preference should be given to water-related and water-enjoyment uses. Non-water-oriented uses should be allowed only when substantial public benefit is provided with respect to the goals of the SMA for public access and ecological restoration. SMP 12.2 Protect Shoreline Ecological Functions Ensure no net loss of ecological functions through the use of speci�c standards for setbacks, buffers, density, and shoreline stabilization. City of Spokane Valley � Draft Goals and Policies - . � [SHORELINE ADVISORY GROUP DRAFT FOR PUBLIC HEARING 03-22-12 D r-r v n S SMP 12.3 Public Access in Development � � Ensure that shoreline development includes visual and physical public access to the shorelines, while � avoiding,minimizing, or mitigating negative impacts to the shoreline including views. SMP 12.4 Preserving Fish and Wildlife Habitat Encourage new development to contribute to the creation or preservation of open space and/or fish and wildlife habitat along the shorelines through the use of tools such as conservation futures, conservations easements,transferable development rights, and planned unit developments. SMP 12.5 Non-conforming Use and Development Legally established uses and developments that were erected and maintained in lawful condition prior to the effective date of this Master Program, shall be allowed to continue as legal non-conforming uses provided that future development or redevelopment does not increase the degree of non- conformity with this program. SMP 12.6 Mitigation Sequencing Avoid and reduce significant ecological impacts from shoreline uses and modification activities through mitigation sequencing. Residential Use « SMP 12.7 Subdivided Lots Require new subdivided lots to be designed, configured, and developed to: • Prevent the net loss of ecological functions at full build-out • Prevent the need for new shoreline stabilization or flood hazard reduction measures ; and • Be consistent with the applicable environment designations and standards. SMP 12.8 Over-Water Residences Prohibit new over-water residences and floating homes Commercial tlse SMP 12.9 Priorities for Commercial Use Give preference to commercial uses in the following order: • First priority is given to water-dependent commercial uses, • Second priority is given to water-related and water-enjoyment commercial uses. SMP 12.10 Non-Water Oriented Commercial Uses Prohibit new non-water oriented commercial uses unless they are part of a mixed-use project or the use provides a signi�cant public benefit, such as public access and ecological restoration. SMP 12.11 Non-Water Dependent Commercial Uses Prohibit non-water dependent commercial uses over the water City of Spokane Valley � Draft Goals and Policies - . � [SHORELINE ADVISORY GROUP DRAFT FOR PUBLIC HEARING 03-22-12 SMP 12.12 Mitigation of Shoreline Impacts Public access and ecological restoration collectively should be considered as potential mitigation of impacts to shoreline resources and values for all water-related or water-dependent commercial development unless such improvements are demonstrated to be infeasible or inappropriate. Industrial Uses SMP 12.13 Priorities for Industrial Use Give priority to industrial uses in the following order: • First priority is given to water-dependent industrial uses • Second priority is given to water-related industrial uses • The e�sting legally permitted gravel pits are considered water dependent uses. SMP 12.14 Non-Water Oriented Industrial Uses Prohibit new non-water oriented industrial uses � SMP 12.15 Industrial Use in Impaired Shoreline Areas Encourage industrial uses and redevelopment to locate where environmental cleanup and restoration is needed and can be accomplished. SMP 12.16 Water Dependent and Water Related Industrial Uses Water dependent and water related industrial uses within shoreline jurisdiction should be prohibited in areas that are susceptible to erosion and flooding and where there are impacts to ecological functions. SMP 12.17 Control Pollution and Damage Designate and maintain appropriate areas for protecting and restoring shoreline ecological functions and processes to control pollution and prevent damage to the shoreline environment and/or public health. SMP 12.18 Uses Consistent with Comprehensive Plan Ensure shoreline uses are consistent with the Spokane Valley Comprehensive Plan and satisfy the economic, social, and physical needs of the city.. Shoreline Modifications SMP 12-19 Shoreline Modifications Allow structural shoreline modifications only where they are: • Demonstrated to be necessary to support or protect an allowed primary structure or a legally e�sting shoreline use that is in danger of loss or substantial damage; and • Necessary for reconfiguration of the shoreline for mitigation or enhancement purposes. SMP 12-20 Modification Impacts and Limitations City of Spokane Valley � Draft Goals and Policies � - . � [SHORELINE ADVISORY GROUP DRAFT FOR PUBLIC HEARING 03-22-12 Reduce the adverse effects of allowed shoreline modi�cations and, as much as possible, limit allowed � shoreline modifications in number and extent. � � S SMP 12-21 Appropriate Modifications � � Allow only shoreline modifications that are appropriate to the shoreline environment designations and � environmental conditions for which they are proposed. SMP 12-22 Modifications and No Net Loss of Ecological Functions Assure that shoreline modifications individually and cumulatively do not result in a net loss of ecological functions by: • Giving preference to those types of shoreline modifications that have the least impact on ecological function; and • Requiring mitigation of identi�ed impacts resulting from shoreline modi�cations. SMP 12-23 Shoreline Modifications Regulations Base shoreline modi�cation regulations on scienti�c and technical information of reach conditions for the Spokane River, Shelley Lake, Central Pre-mix and Flora Pit SMP 12-24 Restoration of Impaired Ecological Functions Plan for the restoration of impaired ecological functions where feasible and appropriate, while accommodating permitted uses. SMP 12-25 Measures to Protect Ecological Functions Incorporate all feasible measures to protect ecological shoreline functions and ecosystem-wide processes as shoreline modifications occur. Piers ancl Docks SMP 12-26 Dock Restrictions Allow new docks only for public water-dependent uses, single-family residences, and public access on the Spokane River and Shelley Lake. The e�sting gravel pit operations are allowed docks if it is necessary for operations and as permitted operating permits. SMP 12-27 Dock Location Docks shall be allowed only in locations where they will not pose a public safety hazard or adversely impact shoreline ecological functions or process and limited as follows: • Spokane River - only in reservoir areas, where flow conditions least resemble the natural free-flowing river; • Shelley Lake; • Gravel pits; or • Severely ecologically impacted shoreline areas with adequate public access SMP 12-28 Dock Size City of Spokane Valley � Draft Goals and Policies - . � jSHORELINE ADVISORY GROUP DRAFT FOR PUBLIC HEARING 03-22-12 Restrict the size of new docks to the minimum necessary to serve a proposed water-dependent use. SMP 12-29 Demonstrate Need Permit new docks only when specific need is demonstrated, except for single-family residences. SMP 12-30 Expansion and Multiple Use Encourage multiple use and expansion of existing docks over the addition and/or proliferation of new single dock facilities. SMP 12-31 Joint Use and Community Docks Require residential development of more than two dwellings to provide community docks, rather than individual docks. SMP 12-32 Design and Construction Design and construct all piers and docks to avoid, minimize, and mitigate impacts to ecological processes and functions. Shoreline Fill � � SMP 12-33 Design and Location Shoreline fills shall be designed, located, and constructed to protect shoreline ecological function and ecosystem-wide processes, including channel migration, wildlife habitat, water quality, water currents, surface water drainage, and flood hazard protection measures. SMP 12-34 Limitations on Fill Fill waterward of the Ordinary High Water Mark shall require a conditional use permit and shall only be allowed under limited circumstances. SMP 12-35 Fill Proposal Plan Require a plan that addresses species removal, replanting, irrigation, erosion, and sedimentation control and other methods of riparian corridor protection with all fill proposals. Streambank Protection SMP 12-36 Streambank Protection Measures The term "streambank" shall apply to all shoreline banks within Spokane Valley. Prohibit new streambank protection measures, except when necessity is documented through a geotechnical analysis of the site and shoreline characteristics. When necessity is demonstrated and conditions require, only allow streambank protection for existing primary structures, water-dependent development,new development, and ecological restoration or to�c clean-up remediation projects. SMP 12-37 Design and Location of New Development Design and locate new development and lots created through subdivision, particularly those located on steep slopes and bluffs, to prevent the need for future streambank protection measures during the life of the structure. SMP 12-38 Public Access City of Spokane Valley � Draft Goals and Policies . - . � �SHORELINE ADVISORY GROUP DRAFT FOR PUBLIC HEARING 03-22-12 Incorporate ecological restoration and public access as part of publicly funded streambank protection � r-r proj ects. � S SMP-12-39 Integrated Approach to Streambank Protection � � r-r Require an integrated approach to streambank protection. Select and design streambank protection � measures using an integrated approach requiring an analysis of the reason for the erosion; fish and wildlife habitat characteristics, needs and potential; and the current and future risks associated with erosion and bank protection to property,infrastructure, �sh and wildlife habitat and public safety. SMP 12-40 Dredging Site and design new development to avoid the need for new or maintenance dredging. SMP 12-41 Dredging Restrictions Prohibit dredging except when necessary for projects that restore ecological functions and to maintain e�sting structures. Dredging is allowed as part of the permitted aggregate mining operations in the gravel pits. SMP 12-42 Dredging Materials Prohibit the use or disposal of dredging materials within the shoreline except for projects that benefit shoreline resources and except for permitted aggregate mining operations in the gravel pits. SMP 12-43 In-Stream Structures Site in-stream structures to protect and preserve ecosystem-wide processes, ecological functions, and cultural resources, including but not limited to fish and fish passage, wildlife and water resources, shoreline critical areas, hydro-geological processes, and natural scenic vistas. SMP 12-44 In-Stream Structure Location Consider the full range of public interests, watershed functions and processes, and environmental concerns when planning and locating in-stream structures, with special emphasis on protecting and restoring priority habitats and species. SMP 12-45 Boat Ramps and other Boating Facilities Locate and design boat ramps and other boating facilities to meet health, safety, and welfare requirements and to minimize adverse affects upon geo-hydraulic processes, fragile shoreline features,natural wetlands, and aquatic and wildlife habitats. SMP 12-46 Development of Boat Ramps and other Boating Facilities Assure no net loss of ecological functions as a result of boat ramp or other boating facility development. SMP 12-47 Aesthetic Impacts of Boat Ramps and other Boating Facilities Avoid or mitigate impacts to shoreline aesthetics as a result boat ramp or other boating facility development. SMP-12-48 Habitat and Natural Systems Enhancement Projects City of Spokane Valley � Draft Goals and Policies - . � [SHORELINE ADVISORY GROUP DRAFT FOR PUBLIC HEARING 03-22-12 Advocate and foster habitat and natural system enhancement projects which restore the natural character and function of the shoreline provided they are consistent with the Restoration Plan. G�avel Pits SMP12-49 Gravel Pit Onerations Allow e�sting gravel pit operations to continue to operate and expand consistent with operational permits. Operational uses include both above water and below water gravel extraction, processing, and crushing. Accessory uses include, but are not limited to, concrete batch plants, hot mix asphalt plants, aggregate processing and recycling plants, customer service (truck dispatching) offices, maintenance facilities, truck & equipment parking, stockpiles, scale houses, retail product stores, and quality control facilities. SMP 12-50 Water Dependent Uses Existing Gravel Pit Operations are considered water dependent uses. City of Spokane Valley � Draft Goals and Policies � it �f � � k,� r� +� 11� 11 � Y � Y � I� � r� lir� � M � � �t� r Pr� r� r� g C� r�ft � � � I � � P� li � i � � Pu� bli � H � � � in � Planning Commission Meeting April 12 , 2012 ;�� .,� ,� �;. s � � ��`�.h.,, . ,. .� ' 1, �l� ,i� �� '��4_ 'i t,��, ,•, , ,,'�� .. .`�4;`5 . _ '''1,' 1,.. ;,� �, ,�,�• c5'� \ :1� � h � r� lir� � �r11 � n � � r� � r� t A�t �� MA� � SMA - passed in 1971 2003 - New Rules Three basic policies : Required SMP's be 1 . Protect the u pdated environmental New Key Standards : resou rces of state 1 . "No Net Loss" of shorelines. ecological functions 2 . Promote public Z . Restoration planning access and 3. Assessment of enjoyment "reasonably opportunities. foreseeable" 3. Give priority to water cumulative impacts dependant uses. � � Wh �t i � tl� � � h � r� lin � M ��t� �r �ro+� r�rr,� � Carries out the Pol icies of the ` � �s -�-� , .Y� �. � �� . SMA at the local level ,{� . � ry. ,�: r �� Protect environment - ~ � � w>' �, ° r r.,,, ,. �� Promote water dependent/or oriented uses; �;; - _� � x� and -3_ ' . *� �"` t,,,"; `�"�` �# y l`: �i�F-�-.� a� . �� promote public access opportunities ► Regulates use and development � of shorelines �� yy R`�=� -_ _ t> SMP components include : �� -� �� Policies and Regulations based on q��'�� ,`��.�� ` � � `�� state laws and ru les tai lored to ou r :� community Y � _� ,, .� ��i ;;� � Administrative Procedures for Permits ,�� - �f�"�-- �� ., w,,`�``, and Enforcement Actions r �`� �`-�, ti y�. , ��. � -��Y t � A� e . ,r i'«�:' 11� . . ' �: .'T�lllii■. ..� � � I� � r� l � n � � �uri � di ��i � � - Are�� R�� u� l �t�d by S NI P �� AI I wate rways � ' with average ' flows > than � 20 cfs { Zoo � ,�, l•�c;•�ro•,a��a�iloa�ing pe� � 11e�'IngpE2B�� ft , � '�� A '�/ �1 � F::I'ii"1=`Inl'�d.11-5'Psp.h:�i'i21 qinr?f1 � All enclosed J� � � _ _ _ � : � ,, � ,� --: � _ o�in�rr iw�n y+vawr h�rw r waterbodies (lakes) ^ __ - _ :��M�I.aW4��ei _�a!�ine Cua; �� i r surmar,� �� , — — greater than 20 acres �P Determined by the Ordinary High Water Mark �:� Includes area from the OHWM to 200 feet landward � �� Also includes the waterbody � � � k� n � V� � I +� ' � � I� � r� lir� � � � Y �.,. , _____ -n �� ; - � �- �� _ _ __ -_ h_i r � � � ��t�� -- � x�r��.s... _ _ � _ _ 4 � ' L. � �i � ' I s „�.�� , , � � �, a_��, � •_ _ ' � � �... '��- -- - - ��- T, �,� i :_ � �\ � � - w�.�n �� , ' ��.`' � -- _ ^ � 0. . �,.. 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' � j : - - - : � r - � - - � = � % onduct Inu� . � and Analysis Regulations Develop Restoration � m pacts [� r�f� � �� I � � r� d P� li � i � � [� �v� l � � � r� t � nd ��►�i �w Pr+� �� p Staff and Consultant Role / Process Develop Preliminary Planning Commission Review Draft Goals and Policies �` � � Coordinate � ; Shoreline Study Session �� Advi sory Group Review _ Public Hearing I Public Comment Accept by Resolution Conduct Open Recommend to Houses Council � � � � � � � �.. � � :�� h � r� lir� � Ad�ri � � ry � r� � p ��A� ) �� Primary Role: Assist City .��------- Staff with the Development � . . - of Goals and Policies by ,, _ . � . • providing comment � Group Dynamics designed � to insure that diverse community interests were - - - • Ff � ' represented � �� . . . F Volunteer Group - No Decision Making Authority • ' • ' • • • °� 8 Meetings between �an. 20 ' " ' • ' and .June 23 , 201 1 � • � • • • . - - � :�� Relatic�nship Between +G�aI � , P� licie� an+d F��gul�tior� s �s Goals are broad expression of community desires Goals �� i.e. Provide safe and convenient access to the shoreline `'t � aa A policy is a commitment to ��g act in a prescribed manner � � =� i.e. development must maintain existing habitat. Policies �= requires interpretive judgment in applying it to a specific case. `� t:� � A regulation is the rule '1 dealing with the specifics of a use or physical standard . Regulations � Regulations are specific - must �. mply i.e. 5' setbaek or '� � � � r� � r�l � c�� l ar� d P� li � i � � � � -■ -■ _ . Goal: Enhance the City's PO�ICIeS shorelines by establishing � En co u rag e : anc� implementinggoals, :� Coordinated Planning policies, anc� �egulations which promote a mixture of �� Consistency with other Plans reasonable anc� app�opriate a n d P ro g ra m s sho�eline uses that improve Ensures No Net Loss of the City's cha�acte�,foste� its Ecological Fx's historic anc� cultu�al iclentify, � Recognizes Private Property Rights anc� conse�ve environmental resources. -� � - ,. � ► • • � � � � - � , � , , � � , � , ; !� T � � � -�R�� _ _ �� ., ,�� , . � . . I ' � � I I � �_.^� �;-:� _ _ _J � �� El � rr� � r� t� - � �� I � �r� d Palici � � _� . Elements: �� Historical , Cultural , A�_ . _ -m:� ��, n�_ � . Scientific & Educational �� - � - � - � �� ,� ,,.,w�. F . �. � �--{n�` ; ��J! �� ' s ��A:4 � Utl � ItIeS _"'� , ` � - �_ , . _�, � -� _ �.� �: ',� ,,`{� � Ci rcu lation � Y � � � - . , r .1'... � . � Y' �.. � �� ,�Y�`I �fa� �'a � ' !o�. � �€� �� °�i�ll�!1Y��r"a. r Economic Developm t � Conservation - - . . • - . . . . � Restoration � � . . . , � � Critical Areas • . . • . - � Flood Haz . Reduction � - • - - • ► Public Access ' • ' � ' : � • � Recreation P� I ici � � f� r Sh � r� l i r� � l.l � � � � i � . Goal: Consic�er the use anc� U 5 e 5 c�evelopment of shorelines anc� °. R2 S I CI 2 n t I a I adjacent land areas for housing, `� business, indust�y, �� C o m m e rc i a l transportation, recreation, � I n d u s t r i a l e�ucation, public buildings and g�ounc�s, utilities anc� other �� Piers and Docks categories of public anc�private lanc� uses in relation to the �� Boat Ram ps / Boati ng natural envi�onment anc� FaC i I i t i e S ensuring no net loss of ecological G�. G rave I P i t O p e rat i o n s function �._- :�,..��__,,� � . . . . , � � �.�� , .. �, � � � 1 ' ' � . ' ' 1 � p ��, #i��` ,`v - ?_�,��;�� . � ,� � �� {� �,� :��:, . . ••- Y^- -��V�,�t' � � / / � � � � -;` -#,'�'- '��:�� 'J • • • e��. ° `',tr:rr4 �� j��'ri. � 1 � 1 , .�: P+� I icie � f� r Sh � r� l i �n � M �d ifi �c�ti +� r� A�ti�vitie � Activities = � �- - --� - . - , ��, - :r� Structural Shoreline ;�.:.,� � � - _ Modification (Bulkheads) '��u'"'� `°=��-_ �r;r ,�_ � �� Shoreline FiII �,�� . - � _ `-- � . t 4 � �_ , �� -� . �- �� . , _ ._.: � . �'_`�'- � Stream ban k Protection -- - - � R� r �- �_ �� '�fl s� i�. ' "�� ' �` '� � Dredging �` �r� _ . �� _-�� In-Stream Structures � # � � � �:� �� .�� - ��.�_-.=..� -� �� - x , � � • . � - � . � � _ �.� � t _ r:� � � - �--y--° � � �` -••�::� �' �' - - ' _'___ - � i J��-_ "�`�'�;_' 1 � � • � �r � ; � � -�.X i�r,.•'� :t"- - r�'� � '�" � �. � � � � � / � / e��s�',r +�i��s L .'.�� - _{�' �� .fa ,.. ,.. �""+ .'..a��._'". ' - � ' 1 � � / f� s:�.l�,T'�., �,r ,�'' � .�. _ ..� �. .,,.� ��r::, - � � � � � � � ..^ � AT� S� I•Z�� i:ptT! 1✓ : x� . ` 4 ii� s d .:Y - _ „�� , � � � �� ;=f r � FM•�f � : r y r. _ � t �y s{� ,$ �, �. , �� '��r�� - �� f i 1��'w k �� $ .�� '��.,��e. � � ��_ -x 'FY ��'_ cJ+ 3` 'vf. � � ` � � '�� risv y�� - s �`-=f _:.....; ��..: .- . ..� � .,. "�: ° .. _ '�'. � . �' �� -.. r -�� 'f"�`�, �� .�' �+�;;� � � ..,. � .c �`�. 3 �� I � � � ■ . �. } ' _ �„��, .. 'i►`___ �� •� :_ _ ' -�et ' - � =�:��'�� __� r`�`: .�� „ �;.. s _' ' ��`�.h.,, . ,. .� ' 1, �l� ,i� �� '��4_ 'i t,��, ,•, , ,,'�� .. .`�4;`5 . _ '''1,' 1,.. ;,� �, ,�,�• c5'� \ :1�