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Agenda 07/11/2013 sookane Valle Y Spokane Valley Planning Commission Agenda City Hall Council Chambers, 11707 E. Sprague Ave. July 11, 2013 6:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES: June 13, 2013 VI. PUBLIC COMMENT: On any subject that is not on the agenda. VII. COMMISSION REPORTS VIII. ADMINISTRATIVE REPORT IX. COMMISSION BUSINESS A. OLD BUSINESS: 1. FINDINGS OF FACT: CTA-2013-0005, Outdoor Lighting Standards 2. STUDY SESSION: Shoreline Management Program Update a. Cumulative Impact Report b. No Net Loss Report c. Buffer Zone Report d. Shoreline Development Regulations X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT COMMISSIONERS CITY STAFF BILL BATES -CHAIR JOHN HOHMAN,CD DIRECTOR KEVIN ANDERSON MARTY PALANIUK,PLANNER CHRISTINA CARLSEN SCOTT KUHTA,PLANNING MANAGER ROBERT MCCASLIN ERIK LAMB, DEPUTY CITY ATTORNEY STEVEN NEILL JOE STOY-VICE CHAIR CARL HINSHAW,SECRETARY MIKE PHILLIPS WWW.SPOKANEVALLEY.ORG CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: July 11, 2013 Item: Check all that apply: ❑ consent ® old business ❑ new business ❑ public hearing ❑ information ❑ admin.report ® pending legislation FILE NUMBER: CTA-2013-0005 AGENDA ITEM TITLE: Findings and Recommendation — Amendment to the Spokane Valley Municipal Code DESCRIPTION OF PROPOSAL: A City-initiated text amendment proposing to amend Spokane Valley Municipal Code (SVMC) 22.60 to streamline the outdoor lighting standards by eliminating the watts per square foot lighting limit, eliminating redundant provisions, eliminating the requirement for a photometric plan, adding a requirement for a lighting plan, removing reference to outdoor recreation facility lighting and adding two additional exemptions. GOVERNING LEGISLATION: RCW 36.70A.106; SVMC 17.80.150 and 19.30.040 PREVIOUS ACTION TAKEN: The Planning Commission conducted a study session June 13,2013 and a public hearing on June 27,2013 to consider the amendment. Following public testimony and deliberations,the Planning Commission voted 6 -0 to approve the proposed code text amendment. BACKGROUND: The proposed amendment seeks to clarify the following areas in the SVMC: Eliminates redundant references to the Washington State Energy Code; Eliminates the watts per square foot standard as a means to limit luminosity; Eliminates the height restrictions on light poles; Eliminates the requirement for a photometric plan; Establishes the requirement for a lighting plan; Eliminates reference to recreational facility lighting; and Establishes two new outdoor lighting exemptions. Draft amendment language to SVMC 22.60 has been included in Attachment B of the Request for Planning Commission Action(RPCA). RECOMMENDED ACTION OR MOTION: Move to approve Planning Commission Findings and Recommendation to City Council. STAFF CONTACT: Martin J.Palaniuk,Planning Technician ATTACHMENTS: A. Planning Commission's Findings and Recommendations B. Planning Commission's Recommended Code Text Language CTA-2013-0005 RPCA(Findings and Recommendation) Page 1 of 1 ATTACHMENT A FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION July 11,2013 The following findings are consistent with the Planning Commission's decision to recommend approval. Background: 1. Spokane Valley development regulations were adopted in September 2007 and became effective on October 28,2007. 2. The City-initiated text amendment proposes to amend Spokane Valley Municipal Code (SVMC) 22.60 to streamline the outdoor lighting standards by eliminating the watts per square foot lighting limit, eliminating redundant provisions, eliminating the requirement for a photometric plan, adding a requirement for a lighting plan if deemed necessary by the building division, eliminating outdoor recreation facility requirements, and adding two additional exemptions. 3. The Planning Commission held a public hearing on June 13, 2013 and voted 6-0 to recommend approval of the amendment to City Council. Planning Commission Findings: 1. Compliance with SVMC 17.80.150F Approval Criteria a. The proposed City-initiated code text amendment is consistent with the applicable provisions of the Comprehensive Plan; Finding(s): i. Land Use Policy LUP-1.2 Protect residential areas from impacts of adjacent non-residential uses and/or higher intensity uses through the development and enforcement of the City's land use regulations and joint planning. ii. Land Use Policy LUP-13.1 Maximize efficiency of the development review process by continuously evaluating the permitting process and modifying as appropriate. iii. Housing Policy HP-1.1: Consider the economic impact of development regulations on the cost of housing. iv. Housing Policy HP-1.2: Streamline the development review process and strive to eliminate unnecessary time delays and expenses. v. Economic Goal EDG-7: Maintain a regulatory environment that offers flexibility, consistency,predictability and clear direction. vi. Economic Policy EDP-7.1: Evaluate,monitor and improve development standards to promote compatibility between adjacent land uses; and update permitting processes to ensure that they are equitable,cost-effective, and expeditious. vii. Economic Policy EDP-7.2: Review development regulations periodically to ensure clarity, consistency and predictability. viii. Neighborhood Goal NG-2: Preserve and protect the character of Spokane Valley's residential neighborhoods. ix. Neighborhood Policy NP-2.1: Maintain and protect the character of existing and future residential neighborhoods through the development and enforcement of the City's land use regulations and joint planning. x. Neighborhood Policy NP-2.2: Review and revise as necessary,existing land use regulations to provide for innovation and flexibility in the design of new residential developments, accessory dwelling units,and in-fill development. Findings and Recommendations of the Spokane Valley Planning Commission Page 1 of 2 ATTACHMENT A b. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment. Finding(s): i. The proposed amendment will streamline the outdoor lighting development review process and provide flexibility in lighting choices. The requirement to shield lighting trespass will minimize glare and mitigate off-site impacts. ii. The public health, safety,welfare,and protection of the environment are furthered by ensuring that the City's development regulations are consistent with goals and policies in the adopted Comprehensive Plan. 2. Conclusion(s): a. The proposed city initiated code text amendment is consistent with the City's adopted Comprehensive Plan and the approval criteria contained in SVMC 17.80.150(F). b. The Growth Management Act stipulates that the comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the City. Recommendations: The Spokane Valley Planning Commission therefore recommends City Council adopt the proposed City- initiated code text amendments to SVMC 22.60 as attached. Approved this 11th day of July, 2013 Bill Bates, Chairman ATTEST Can Hinshaw,Administrative Assistant Findings and Recommendations of the Spokane Valley Planning Commission Page 2 of 2 Chapter 22.60 OUTDOOR LIGHTING STANDARDS Sections: 22.60.010 Purpose. 22.60.020 Application. 22.60.030 General requirements. 22.60.040 Prohibited lights. 22.60.050 Exceptions. 22.60.060 Temporary lighting. 22.60.010 Purpose. The regulation of outdoor lighting discourages excessive lighting of outdoor spaces, encourages energy conservation and prohibits lighting creating a nuisance for adjacent property owners. (Ord. 07-015 §4, 2007). 22.60.020 Application. The requirements of this chapter and the Washington Energy Code(Chapter 51 11 WAC) apply to outdoor lighting requirements for all developments except one- and two-family dwellings and public street lighting. (Ord. 07-015 § 4, 2007). 22.60.030 General requirements. The installation of new outdoor lighting or the extension, modification or expansion of existing outdoor lighting is subject to the following requirements: A. The lighting allowance for covered parking, open parking and outdoor areas shall not exceed 0.20 e._. per square foot for covered residential parking when ceilings and walls are painted or stained with a reflectance value of 0.70 or higher. B. The lighting allowance for building exteriors, including landscaping lighting, shall not exceed either 0.25 watts per square foot of building facade or 7.5 watts per linear foot of building perimeter. C. The maximum height of pole mounted outdoor lighting fixtures shall not exceed /12 feet in Regional Commercial and industrial zoning districts and 35 feet in all other districts. A. All outdoor lights shall include a light source and reflector that controls the light beam so that unshielded na light does not extends across any bounding property line between incompatible uses or into the public right-of-way, CTA-2013-0005 Proposed Text Amendment Page I 1 II q:114ScrKPTAOLE - I .WI,{ 4+r'1,4%4 ."5,-% 9. v yei^ - V...,, P.,*P•r 4y .N..I;hbyr. rrnry•'rty Irr A C C L T''I'A f I.F. ffs... Yen.. rrr•.I+r.tr f41crightr,rw Frnr. -', B. Outdoor lighting fixtures shall be designed so that the light source is shielded at any bounding property line except where topographical characteristics make this impossible. t''JACCEPTABLE ACCEY'T'AIZI,'; rr 4:41.1311211;:::::411. ..—N.. .7 _7�''p+�I11114 a Y III I! �I{I Fl FlwR F. All outdoor lighting systems shall be equipped with automatic switches conforming to the requirements • -:- _• - _. e •= Washington Energy Code. C.A Aapplications for building permits for commercial development will be evaluated by the Community Development Director to determine if a lighting plan is required to assess and mitigate impacts. The need fora lighting plan will be based on the scope and scale of the project, compatibility with surrounding uses, and anticipated light impacts. If required, the plan will include the following: s#a�4 be accompanied by a photometric analysis of the lighting effects prepared by a qualified engineer. 1. A site plan showing the location of all outdoor light fixtures. 2. The type and method of shielding for each light fixture. CTA-2013-0005 Proposed Text Amendment Page 12 H. The mounting height of walkway lighting shall not exceed 12 feet and all fixtures mounted at a height of more than eight feet shall be fully shielded. -[D. Lighting designed to accent landscaping features or architectural elements, including the illumination of pole-mounted flags of the United States, shall be concealed or positioned so that the light source is not visible at adjacent property lines. J. Lighting for outdoor arenas, stadiums and playfields shall not remain on longer than 30 minutes following the end of the event. (Ord. 07 015 §/1, 2007). 22.60.040 Prohibited lights. The following lights are prohibited unless a temporary permit is obtained for specific events with specific times of operation: A. Laser source light, strobe lights and similar high intensity light sources, except those associated with approved activities of the City of Spokane Valley. High intensity lights for which a temporary permit is issued shall not project above the horizontal plane nor extend into the public right-of-way. B. Searchlights. (Ord. 07-015 § 4, 2007). 22.60.050 Exceptions. A. Navigation and airport lighting required for the safe operation of boats and airplanes. B. Emergency lighting required by police, fire, and rescue authorities. C. Lighting for state and federal highways authorized by the Washington State Department of Transportation. D. Internal lighting of permitted signs. E. Outdoor lighting for public monuments. F. In-pool lighting for private swimming pools. G. Holiday decorations. (Ord. 07-015 § 4, 2007). 22.60.060 Temporary lighting. The building official may authorize temporary exceptions not to exceed 30 days for good cause shown. (Ord. 07-015 §4, 2007). CTA-2013-0005 Proposed Text Amendment Page 13 CITY OF SPOKANE VALLEY Request for Planning Commission Review Meeting Date: July 11, 2013 Item: Check all that apply: ❑consent ❑old business ❑ new business ❑ public hearing ® information ❑ admin.report ❑ pending legislation FILE NUMBER: Shoreline Master Program Update AGENDA ITEM TITLE: Study Session — DOE Preliminary Draft copies of the No Net Loss Report, Cumulative Impacts Analysis and the Buffer Report BACKGROUND: The City's Shoreline Master Program (SMP) Update team has completed Drafts of the No Net Loss Report, Cumulative Impacts Analysis and Buffer Analysis Report. These documents are support documents for the shoreline development regulations which implement the SMP and complete phase six of the City's Shoreline Update Process. The components are required by SMP Guidelines. The SMP Guidelines establish the standard of "no net loss" of shoreline ecological functions as the means of implementing the SMP through the policies and regulations. Over time, the existing condition of the shoreline ecological functions should remain the same as the SMP is implemented. Regulations ensure that new impacts to shoreline ecological functions do not occur as a result of new development. This is achieved through both the SMP planning process and regulation of individual development as they are proposed in the future. The analysis provided in the these documents determines if the regulations are adequate to protect the shorelines from the impacts anticipated form future development and yet still meet the state required standard of "no net loss." The documents are expected to be modified in response to changes to the draft development regulations as the review process progresses. Therefore, these documents will not be adopted by resolution, nor considered as final drafts. Staff will discuss the following documents and applicable WAC guidelines: No Net Loss Report: The report demonstrates how the updated City's SMP will meet the required no net loss of ecological functions (NNL) requirement within shoreline areas. The report is intended to summarize documents prepared throughout the current SMP update process to demonstrate how each supporting element combines to achieve NNL. Shoreline Buffers Report: The report provides background information and the rationale used to establish shoreline buffers sufficient to achieve the "No Net Loss of Ecological Functions" requirement. Shoreline buffers protect the shoreline ecological functions necessary to sustain shoreline natural resources and are an important regulatory tool that help the City comply with the "No Net Loss" standard. Cumulative Impacts Analysis: The Cumulative Impacts Analysis is intended to be a model of cumulative impacts on shoreline ecological functions within the City and is based on a variety of inputs filtered through the draft environmental designations and their applicable level of land use restrictions. The analysis ensures that shoreline environmental designations and proposed SMP regulations will be protective of shoreline functions even when considering incremental actions that cumulatively have the potential to negatively impact those functions. Findings of this model may result in modifications to the draft SMP regulations if it is determined that cumulative impacts could result in a net loss of shoreline ecological functions over time. 1 of 2 Attorney Tadas Kisielius has completed a review of all three documents. He has provided input that has been incorporated into each draft during document development. Mr. Kisielius will not attend the Planning Commission meeting, but is available for discussion at subsequent meetings. A public hearing will not be conducted for the review of these documents since they are considered informational only. At this time the Planning Commission is asked to review the documents, but will not be asked to provide a recommendation to the City Council. The drafts are attached for review. GOVERNING LEGISLATION: Shoreline Management Act (SMA) under RCW 90.58 PREVIOUS ACTION TAKEN: Numerous discussions regarding SMP Update. APPROVAL CRITERIA: RCW 90.58 and WAC 173-26 define the process for approval of an SMP and require that the document be consistent with the goals and policies of the SMA. RECOMMENDED ACTION OR MOTION: None required STAFF CONTACT: Lori Barlow,AICP, Senior Planner ATTACHMENTS: 1. DOE Preliminary Draft No Net Loss Report May 31, 2013 2. DOE Preliminary Draft Cumulative Impacts Report May 31, 2013 3. DOE Preliminary Buffer Report and Map May 31, 2013 2 of 2 NO NET LOSS REPORT DOE Preliminary Draft City of Spokane Valley Shoreline Master Program Update May 31, 2013 Prepared for: City of Spokane Valley Community Development Department Spokane Valley City Hall 11707 E. Sprague Ave., Suite 106 Spokane Valley, Washington 99206 Prepared by: URS Corporation 111 S.W. Columbia, Suite 1500 Portland, Oregon 97201-5814 URS Project Number 36298174 TABLE OF CONTENTS Section 1 Introduction 1 Section 2 Summary of SMP Update Elements 2 2.1 Inventory and Characterization Report 2 2.2 Shoreline Environmental Designations 3 2.3 Shoreline Policies and Regulations 4 2.4 Cumulative Impacts Analysis. 5 2.5 Shoreline Restoration Plan 5 Section 3 Conclusion 6 Section 4 References 7 URSCity of Spokane Valley No Net Loss Report-DOE Preliminary Draft May 31, 2013 SECTION ONE Introduction Washington Administrative Code (WAC) 173-26-186(8) directs that shoreline master programs (SMPs) include policies and regulations designed to achieve no "net loss of ecological functions of the shoreline". Generally, ecological functions of the shoreline include interrelated fish and wildlife habitat,water quality, and hydrologic (water/flood storage) functions. This No Net Loss report demonstrates how the updated City of Spokane Valley (COSV) SMP will meet this no net loss of ecological functions (NNL)requirement within shoreline areas under the jurisdiction of the Shoreline Management Act (SMA). Within the COSV municipal boundary, this includes the shorelines of the Spokane River and Shelley Lake (Error! Reference source not found. 1). This report is intended to summarize the following documents prepared throughout the current SMP update process to demonstrate how each supporting element combines to achieve NNL: • Shoreline Inventory and Characterization • Shoreline Use Analysis • Shoreline Environmental Designations • SMP policies, regulations, and their protection strategies • Restoration Plan • Cumulative Impacts Analysis As a summary of these supporting documents, this report also provides a general chronology of the update with regard to the SMP checklist. UMCity of Spokane Valley No Net Loss Report—DOE Preliminary Draft May 31, 2013 1 SECTIONONE Introduction Legend J City of Spokane Valley City Limits Shoreline Master Program Areas Note Aerial imagery source is USDA,NAIP 2011 Spokane Rived r ----________ rii. Shelley Lake N City of Spokane Valley Shoreline Master Program Jurisdiction W E I I s 0 1 21Nil es URS UMCity of Spokane Valley No Net Loss Report-DOE Preliminary Draft May 31, 2013 2 SECTIONTWO Summary of SMP Update Elements 2.1 INVENTORY AND CHARACTERIZATION REPORT For the SMP update, existing conditions are considered the baseline for measuring no net loss of ecological functions over the future, 20-year planning period. The Inventory and Characterization Report (URS 2010) describes the existing condition of shoreline areas along the Spokane River and Shelley Lake within COSV city limits. The report divides the Spokane River into four study segments within the COSV based on unique factors including surrounding land uses, ecological characteristics, aquifer characteristics (gaining vs. losing), hydraulics, and substrate characteristics (Figure 2). Within each segment, the report provides a detailed characterization of the land use, the physical and biological condition, as well as the ecological condition, stressors, and opportunities for restoration or conservation. To assess the current condition of shoreline ecological functions within each river segment and around Shelley Lake, information was gathered on rare plants, fish, impervious areas, degraded habitats, existing land uses, critical areas, soils, cultural/historic resources, sediment transport,vegetation, wildlife, and Priority Habitat and Species data. "' ffirailefs 11111n111111yrrW , Legend \ Spokane River Study Segment Boundary f �__. Q City Limits i �� ` 1 •�1N0tB SMABoundary 1 . , _ ��8 Centennial Trail 1 r Segment 4 ��' i re>ttur ��`� rrl ,r Segment 3 i to �� ,� gljxw p_... d• . Park :-' ;S,.Gle - `� 1 V� r� r�� � r� Segmen t��...„.„.,,,,,:„....ii..„,,jh ri ii9,1 al�ii M wwood ` = grand ,ANNE •• #1 mg;' 5. ii +�� i Empire .. i SPA - ll i11� rdip.-� 90 ' .Segment 2 �`: �� �i ' i'r~'�►'.l{/1■ •e '. City of _ -"`-�■ g ' e Valley IhFJ— 'or ............... .....,, la_.,„„,' �""�..... f�s�� �� " Spokane River Stud Segments '�ItIltlr ■ ((77�� ��7A16�1! City of Spokane Valley 0■`s�iiir l� ger'.�1 I u I URS R" ;t"17 11 "1172=ar� M'Iii,�:Pl rlf:M s 0 0.5 1 11 les Ecological condition was assessed for each shoreline study area and recommendations to achieve NNL were provided based on localized conditions. The ecological condition was based upon data gathered through literature review, communications with local experts, discussions with agency biologists, and field assessments conducted by URS in 2009 and 2010. UMCity of Spokane Valley No Net Loss Report-DOE Preliminary Draft May 31, 2013 3 SECTIONTWO Summary of SMP Update Elements Shoreline Use Analysis The Inventory and Characterization Report also contains the Shoreline Use Analysis. This analysis discusses current shoreline uses within SMP jurisdictional areas. It estimates future demand for shoreline space, identifies potential land use conflicts, and provides management recommendations for the shoreline areas. The analysis also discusses the preferred shoreline uses (Water Dependent, Water Related, Water Enjoyment) identified in the SMP Guidelines (WAC 173-26-201(2)(d)). Based on the estimate of projected shoreline uses and current land availability, the analysis concludes that the COSV should be able to accommodate future demand for shoreline development and recreational uses. In addition, because of the widespread state park land along the inner riparian areas, it appears that a balance of shoreline land uses (including recreation, residential, mixed use, and industrial) are adequate to meet current and future demands while maintaining valuable shoreline ecosystem functions. A balance between future uses and ecological functions would occur by issuing shoreline substantial development or conditional use permits. Shoreline permits must meet SMP regulations designed to assure no net loss and can impose conditions requiring native plant establishment or other ecological function enhancements. Similarly, future capital improvement projects undertaken by the COSV in shoreline zones can be tailored to fit the goals of public access,restoration of degraded shoreline habitats, and avoidance of high-quality riparian areas. Finally, the Shoreline Use Analysis provides a discussion and recommendations for implementing the"preferential uses"for shorelines as outlined in RCW 90.58.020. 2.2 SHORELINE ENVIRONMENTAL DESIGNATIONS Based on data gathered during the shoreline inventory, shoreline areas with similar characteristics are assigned a common SED that reflects unique land management goals and policies that are appropriate for the area. The SED is used during the shoreline planning review process as a zoning overlay, which provides additional land use approval considerations above those associated with the underlying zoning category. The five SED categories are Urban-Conservancy-High Quality (UC-HQ), Urban Conservancy (UC), Shoreline Residential—Waterfront (SR-W), Shoreline Residential-Upland (SR-U), and Aquatic (AQ). The AQ SED applies to those areas below the ordinary high water mark for Waters of the State. Most of the Spokane River shoreline is designated as UC, including State Park lands. The UC designation allows for conservation of near-shore habitat while allowing limited commercial and mixed use development within the outer portion of the SMP jurisdiction. Areas specifically identified as proposed conservation areas in the 2010 inventory were designated as UC-HQ. The AQ and UC-HQ designations allow for the least amount of habitat URSCity of Spokane Valley No Net Loss Report—DOE Preliminary Draft May 31, 2013 4 SECTIONTWO Summary of SMP Update Elements alteration and generally focus on preservation and management of existing, high-quality riparian and aquatic habitat. There are two Shoreline Residential designations. Each was developed to provide a means for allowing appropriate residential uses with regard to the proximity of the residential area to the waterline. For areas directly adjacent to the water, the SR-W designation addresses land uses along the water line that are not applicable to upland residential areas (SR-U). These five SEDs protect, maintain, or restore ecological functions in higher quality shoreline habitat areas,while allowing certain appropriate uses in other shoreline areas. 2.3 SHORELINE POLICIES AND REGULATIONS The updated SMP will include new shoreline policies and regulations that allow for a combination of appropriate development, conservation, and restoration activities. The SEDs would allow development at the outer periphery of the SMP jurisdiction within the Urban Conservancy and Residential SEDs while promoting the maintenance and enhancement of shoreline ecological functions within the inner, more sensitive shoreline areas in these SEDs, and within all areas designated as Urban Conservancy — High Quality or Aquatic. Shoreline regulations are in addition to other state and federal environmental protection laws and locally adopted ordinances and rules, including the Spokane Valley Municipal Code, Spokane Valley Comprehensive Plan, and the Spokane Regional Stormwater Manual, as amended. Where conflicts exist between local regulations, those that provide more substantive protection to the shoreline area shall apply. Updated SMP regulations include the following protections to shoreline ecological functions: Shoreline Critical Areas Regulations — Additional regulations for uses and development within wetlands, critical aquifer recharge areas, fish and wildlife habitat conservation areas, and geologically hazardous areas provide protection over especially sensitive/vulnerable areas. Mitigation Sequencing — Measures to avoid, minimize and, lastly, to mitigate impacts must be demonstrated prior to approval of a shoreline use Shoreline Vegetation Conservation Measures — For most projects proposing vegetation removal, vegetation conservation measures ensure that vegetation within the shoreline jurisdiction is protected and/or restored when damaged or removed by development activities. Buffers and Setbacks — Shoreline buffers protect the shoreline environment by limiting development and use within a reasonable distance from the shoreline, ensuring no further degradation of the existing shoreline environment. Shoreline buffers are synonymous with the vegetation conservation boundary identified in the shoreline inventory. As such, building setbacks ensure that impacts to riparian habitat functions associated with development and maintenance activities near the vegetation conservation boundary are minimal. URSCity of Spokane Valley No Net Loss Report—DOE Preliminary Draft May 31, 2013 5 SECTIONTWO Summary of SMP Update Elements Restrictions on Shoreline Stabilization Measures — Proposed regulations encourage the use of nonstructural shoreline stabilization measures instead of structural shoreline stabilization measures.New structural stabilization measures require a Shoreline Conditional Permit. 2.4 CUMULATIVE IMPACTS ANALYSIS The intent of the Cumulative Impacts Analysis was to ensure that SEDs and proposed SMP regulations are protective of shoreline functions even when considering incremental actions that cumulatively have the potential to negatively impact those functions. The initial draft of the analysis determined that draft regulations were generally protective of net shoreline ecological functions, but that opportunities for minor changes to the regulations would help ensure no net loss of functions. As a result, the regulations were slightly altered to ensure adequate protections and the cumulative impacts analysis conclusions were revised to document no net loss of ecological functions due to cumulative impacts. 2.5 SHORELINE RESTORATION PLAN Based on shoreline observations, existing natural resource assessments, and watershed plans, a list of"limiting factors" were identified in the COSV's shoreline Inventory and Characterization Report (URS 2010). Limiting factors are variables that impair ecosystem processes and limit the capacity of ecological functions. Limiting factors within the COSV include dissolved metals (contamination), high summer water temperature, areas lacking riparian cover, lack of lake- fringe vegetation, presence/spread of noxious vegetation, low dissolved oxygen, lack of fish passage, and low summer flows. The Shoreline Restoration Plan (URS 2012) describes existing and ongoing projects and programs that can guide or support restoration efforts in the COSV to address these limiting factors and improve ecological functions. Additionally, forty site-specific restoration opportunities were identified in the COSV's shoreline areas. These restoration opportunities have the potential to increase ecological functions in specific shoreline areas. A priority scoring criteria was established and rated each restoration opportunity site on a scale from 0 to 25. The score illuminates restoration opportunities that are both practical to develop and result in the greatest benefit to shoreline functions. Each site's impairments are also identified and a conceptual restoration approach is offered to correct the impairment. The plan identifies many local organizations that could act as potential restoration partners to assist with restoration project funding, construction, and/or maintenance and monitoring. The plan also presents an implementation plan, which offers several potential funding sources, a timeline with benchmarks, as well as a monitoring and maintenance plan. City of Spokane Valley No Net Loss Report—DOE Preliminary Draft May 31, 2013 6 SECTIONTHREE Conclusion Upon review of the baseline conditions and ecological issues identified in the Inventory and Characterization Report, the current and projected future uses described in the Shoreline Use Analysis, the proposed shoreline environmental designations and protective regulations, and the opportunities for ecological improvements presented in the Restoration Plan, the City of Spokane Valley is expected to achieve no net loss of ecological function in their SMP jurisdictional areas. Measuring NNL in future years may be accomplished by focusing on specific factors that currently limit shoreline ecological functions, per the Inventory and Characterization Report and the Shoreline Restoration Plan. An example of metrics that can be used to monitor change is provided in Table 1 below. Table 1: Metrics for Measuring No Net Loss Limiting Data Source Measurement Factor Various dissolved metal Water quality sample data concentrations at fixed locations, Dissolved metals from ongoing water testing especially known"hot spots"over time High summer water Change in monthly average or Temperature/stream gauge maximum temperature over time or temperature increases in riparian cover Areas lacking GIS mapping from Inventory Riparian cover measurements on riparian cover and Characterization aerial photographs relative to the current riparian area map layer Currently majority of lake draw-down zone is sparsely vegetated or un- Lack of lake-fringe Aerial photos/direct vegetated so ocular estimates of cover in future years,from direct vegetation estimates observation or aerial photo review, can be used to note increased cover over time Due to a lack of percent cover data for baseline conditions,cover and spread Presence/spread of of noxious weeds can be estimated Weed maintenance records noxious weeds based upon the regularity of ongoing routine maintenance. Decreased efforts may infer an increase. URSCity of Spokane Valley No Net Loss Report—DOE Preliminary Draft May 31, 2013 7 SECTIONF OUR References Spokane County Conservation District (SCCD). 2005. Spokane County Proper Functioning Condition Stream Inventory & Assessment. Spokane, WA. URS Corporation. 2010. City of Spokane Valley Shoreline Master Program Update, Shoreline Inventory and Characterization Report. Spokane Valley,WA. URS Corporation. 2012. City of Spokane Valley Shoreline Master Program Update, Shoreline Restoration Plan. Spokane Valley, WA. UMCity of Spokane Valley No Net Loss Report—DOE Preliminary Draft May 31, 2013 8 SHORELINE BUFFERS REPORT POE Preliminary Pra rt City of Spokane Valley Shoreline Master Program Update May 31, 2013 Prepared for: CITY OF SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT Spokane Valley City Hall 11707 E. Sprague Ave., Suite 106 Spokane Valley, Washington 99206 Prepared by: U RS Corporation 920 N. Argonne Road, Suite 300 Spokane Valley, Washington 99212 City of Spokane Valley Shoreline Master Program Shoreline Buffers DOE Preliminary Draft Introduction—Shoreline Buffers This section of the Shoreline Master Program provides background information and the rationale used to establish shoreline buffers sufficient to achieve the "No Net Loss of Ecological Functions"requirement of the City's Shoreline Master Program (SMP). Shoreline buffers protect the shoreline ecological functions necessary to sustain shoreline natural resources. Shoreline buffers typically include naturally vegetated areas adjacent to water bodies that protect the ecological functions of the shoreline and help to reduce the impacts of adjacent land uses on the water body, as described in the scientific literature. Shoreline buffers identify those areas that, if disturbed may cause impacts to shoreline functions. In essence, shoreline buffers protect riparian vegetation and limit near-shore development. By protecting existing riparian areas, the SMP provides protection from erosion, protects water quality, maintains the shoreline microclimate, and provides habitat and cover for fish and wildlife. Riparian areas also provide shade and nutrients that are important for aquatic and near-shore fish and wildlife. Buffers can protect and enhance the aesthetic qualities of the shorelines including views of and from the water. Areas protected by a buffer also provide restoration opportunities in degraded areas as described in the City's Shoreline Inventory and Characterization Report (URS 2009) and the Shoreline Restoration Plan (URS 2012). In addition to protecting ecological resources, shoreline buffers help to protect new shoreline development from hazards such as erosion, landslides, floods, and storm damage associated with a water body. The shoreline buffer is an important regulatory tool that helps the City comply with the No Net Loss standard. In general, however, the No Net Loss standard is not intended to preclude appropriate development within the shoreline jurisdiction and the City has also considered existing development patterns and preferred uses discussed in the Shoreline Master Program and supporting documents when designating the shoreline buffer and developing the SMP. For example the SMP anticipates development of the recreational day use and public access sites as identified in the City's Public Access Plan (URS 2013). 1.0 Background—Literature The science behind establishing shoreline buffers is constantly evolving and many studies have been prepared to document appropriate buffer widths for various ecological functions. The primary documents used to determine appropriate buffer widths are referenced at the end of this document and are also summarized in Chapter 11 of Ecology's Shoreline Master Program Planning Process ("SMP Handbook"). These Scientific studies typically include observations of undisturbed areas when considering the effectiveness of buffers and report a specific distance to protect function or percentage of an existing function in an undisturbed area. Despite the fact that they are based on undisturbed areas, they provide a helpful starting point for identifying appropriate buffer widths. URSMay 31, 2013 2 City of Spokane Valley Shoreline Master Program Shoreline Buffers DOE Preliminary Draft According to the scientific literature, the buffer widths adequate to protect shoreline ecological functions in existing undisturbed areas vary according to the parameter observed and the site conditions of the study. The Washington Department of Fish and Wildlife (WDFW) recommends 250 foot buffers in their Management Recommendations for Priority Riparian Habitats (1997). WDFW states that buffers are ineffective if less than 32 feet wide in their Integrated Streambank Protection Manual (2003). The Washington Sea Grant's 2009 publication titled "Protection of Marine Riparian Functions in Puget Sound" provides recommendations for shoreline buffers to protect various shoreline functions as shown in Table 1. This document mainly relied upon research done on freshwater bodies and is appropriate for use on the Spokane River. Table 1 Recommended Shoreline Buffer Widths Shoreline Function Recommended Buffer Width Water Quality 50-75 feet Shade 125 feet Large Woody Debris 125 feet Forest Litter(nutrients) 50-120 feet Wildlife Habitat varies(200'-300') Hruby, 2009 provides a means for assessing water quality, and wildlife habitat shoreline functions. Within the City of Spokane Valley, using the Hruby methods, the shorelines are rated as having a potentially high impact for water quality functions and a low impact for wildlife habitat functions. This is a reasonable assessment according to the Shoreline Inventory and Characterization Report, URS, 2009 which provided mapping and information on existing shoreline conditions within the City, including a map of the vegetation conservation boundary. 2.0 Shoreline Buffers The literature described in Section 2, above, identifies the range of buffer widths needed to protect these functions in undisturbed areas. However, the SMP Guidelines do not require a return to pre-European settlement conditions. The "no net loss" standard in the SMA anticipates that local governments will tailor shoreline buffers to local conditions including existing shoreline functions and existing and planned land use and public access. For purposes of incorporating local conditions into shoreline buffer management decisions, the City relied on detailed information contained in the Shoreline Inventory and Characterization Report (URS 2010) ("Inventory"). The Inventory includes a detailed characterization of land uses and development in the shoreline, including the Spokane River and Shelley Lake, and the physical and biological characterization of the shoreline. The Inventory included information on Critical Areas and Priority Habitats mapped within the City. The Inventory also mapped a "vegetation conservation boundary" within which lies a relatively healthy riparian area that provides the majority of the shoreline ecological functions within the city. Outside of this boundary shoreline functions are impaired due to existing development patterns. URSMay 31, 2013 3 City of Spokane Valley Shoreline Master Program Shoreline Buffers DOE Preliminary Draft In establishing the shoreline buffers, the city considered the potential risk to existing ecological functions described in the inventory. Shoreline buffers were initially established as the mapped vegetation conservation boundary prepared for the Inventory to protect the riparian area and the existing shoreline ecological functions. Where the vegetation conservation boundary is less than 75 feet, a minimum 75 foot buffer width was established. The three exceptions to the 75 foot minimum buffer width intended to protect the shoreline functions of water quality and the remaining vegetation are in the Orchard Avenue area, the River Rose Mobile Home Park, and the developed portion of Shelley Lake which currently have existing homes and development up to 50 foot from the ordinary high water mark. In a few areas the buffer area was increased on publicly- owned lands to either the edge of the Centennial Trail or to the outer boundary of State Park land to provide additional area for potential future restoration. The buffer protecting the wetland adjacent to Shelley Lake was primarily set at 150 feet. This buffer width is consistent with the wetland buffer widths in the City's Critical Areas Ordinance, and provides sufficient buffer for no net loss of shoreline ecological functions. There are two exceptions where the 150 foot buffer was not applied to the Shelley Lake wetland, consistent with the no net loss standard. The wetland buffer was reduced to 50 feet adjacent to existing Shelley Lake residences, where existing development limits wetland function up to 50 feet from the wetland. Additionally, the buffer was reduced at the boundary of S. Steen Road and associated driveway embankment to the east where wetland function is limited by the road and embankment. The buffer also protects most of the mapped critical areas with the exception of the Critical Aquifer Recharge Area and three areas of mapped geological hazard areas located Myrtle Point and Shelley Lake. Shoreline buffers are shown on the City Shoreline Buffer Maps. In addition to the shoreline buffers the City is establishing a setback. Where applied, the setback separates structures, such as single family homes, from the edge of the buffer. The purpose of the setback is to protect the buffer from activities associated with the structure, including, for example the initial construction of the home or ongoing maintenance of the home as well as indirect impacts of development, such as stormwater runoff. Regulation of activities and uses within the setback is more permissive than in the buffer. For example, within the setback low intensity uses, such as lawns, landscaping,patios, decks, and outbuildings will be allowed. A fifteen foot setback from the buffer was established for the Urban Conservancy and the Urban-Conservancy-High Quality Environmental Designations. A different approach is warranted in the Shoreline Residential-Waterfront and the Shoreline Residential-Upland Environmental Designations, which are mostly developed with existing homes at the edge of the buffer and where there are few vacant lots. The primary issue for purposes of anticipating potential for net loss of ecological functions is redevelopment of large sites which results in new residential development that is more intense than current, existing conditions on the parcels. Therefore, in the instance of subdivision, binding site plans or planned unit developments, the City will apply a fifteen foot setback on all newly created lots in the Shoreline Residential Water-front and the Shoreline Residential upland zones. Otherwise no shoreline setback is applied in these residential zones. URSMay 31, 2013 4 City of Spokane Valley Shoreline Master Program Shoreline Buffers DOE Preliminary Draft 3.0 References Futurwise,2010,Recommendations on Making Small Shoreline Buffers Work with Buffer Science Hruby, Thomas, Washington Department of Ecology, 2009. Developing Rapid Methods for Analyzing Upland Riparian Functions and Values Washington Department of Ecology, SMP Handbook, Chapter 11, Vegetation Conservation, Buffers and Setbacks Washington Department of Fish and Wildlife, 2003, Integrated Streambank Protection Manual Washington Sea Grant, 2009 Protection of Marine Riparian Functions in Puget Sound Washington URS Corporation, 2009, City of Spokane Valley Shoreline Inventory and Characterization Report URSMay 31, 2013 5 CUMULATIVE IMPACTS ANALYSIS POE Preliminary Dra1i City of Spokane Valley Shoreline Master Program Update May 31, 2013 i { Prepared for: City of Spokane Valley Community Development Department Spokane Valley City Hall 11707 E. Sprague Ave., Suite 106 Spokane Valley, Washington 99206 Prepared by: URS Corporation 111 S.W. Columbia, Suite 1500 Portland, Oregon 97201-5814 URS Project Number 36298174 TABLE OF CONTENTS Section 1 Introduction 1 Section 2 Current Circumstances Affecting Shoreline Functions 2 2.1 Natural Processes and Shoreline Functions 2 2.2 External Factors Affecting Shorelines 2 2.3 Internal Factors Affecting Shorelines 3 2.4 Summary of Ecological Functions at Risk 3 Section 3 Estimate of Future Shoreline Developments and Uses 5 3.1 Review of Past and Current Shoreline Developments 5 3.1.1 Past Shoreline Uses 5 3.1.2 Current Shoreline Uses 6 3.2 Expectations of Growth 6 3.3 Reasonably Foreseeable Future Development and Uses 7 Section 4 Summary of Mitigating Regulations and Other Activities 10 4.1 Protective Provisions of Proposed SMP 10 4.1.1 Shoreline Environmental Designations 10 4.1.2 Buffers and Setbacks 12 4.1.3 Shoreline Vegetation Conservation Measures 12 4.1.4 Shoreline Hardening Restrictions 13 4.1.5 Avoidance and Minimization Standards 14 4.1.6 Shoreline Critical Areas Regulations 14 4.2 State and Federal Regulatory Protections 15 4.3 Other Activities that May Protect or Restore Shoreline Functions 16 Section 5 Findings by Proposed Environmental Designation 17 Section 6 References 28 Tables Table 2-1: Summary of Local Shoreline Ecological Functions 2 Table 2-2: Summary of Potential Impairments to Shoreline Ecological Functions 4 Table 3-1: Summary of Shoreline Permits since Incorporation 5 Table 3-2: Summary of Zoning Categories within SMP Jurisdiction 6 Table 3-3: Anticipated Development by Zoning Designation 7 Table 4-1: Shoreline Development Allowances by Environmental Designation 11 Table 5-1: Findings 18 Figures Figure 1: Spokane River Segments 8 Figure 2: Shoreline Environmental Designations 26 Figure 3: Shoreline Buffers 27 City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 1 SECTION ONE Introduction 1.1 Introduction The Shoreline Management Act (SMA) Guidelines under Washington Administrative Code (WAC) 173-26-186(8)(d) states that, "To ensure no net loss of ecological functions and protection of other shoreline functions and/or uses, master programs shall contain policies, programs, and regulations that address adverse cumulative impacts and fairly allocate the burden of addressing cumulative impacts among development opportunities". Cumulative impacts are not specifically defined in the SMA; however, they generally describe the impact of an action or project in conjunction with other similar,reasonable foreseeable actions. This Cumulative Impacts Analysis is intended to develop a model of cumulative impacts on shoreline ecological functions within the City of Spokane Valley (City). The intent of this analysis is to ensure that shoreline environmental designations and proposed SMP regulations will be protective of shoreline functions even when considering incremental actions that cumulatively have the potential to negatively impact those functions. Per the SMA Guidelines, the evaluation of such cumulative impacts should consider: (i) Current circumstances affecting the shorelines and relevant natural processes; (ii) Reasonably foreseeable future development and use of the shoreline; and (iii) Beneficial effects of any established regulatory programs under other local, state, and federal laws. Findings of this model may result in modifications to the draft SMP regulations if it is determined that cumulative impacts could result in a net loss of shoreline ecological functions over time. If such changes are made to the SMP regulations as a result of this report, a brief addendum will be prepared for this report that documents those changes and updates the model results accordingly. The results of this analysis are based on a variety of inputs filtered through the draft environmental designations and their applicable level of land use restrictions. The inputs include anticipated growth, development estimates, and existing shoreline functions with particular emphasis on those that are most at risk. These are then analyzed based on the proposed protections in the updated SMP, other regulatory protections, and estimates of non- regulatory shoreline restoration. City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 1 SECTIONTWO Current Circumstances Affecting Shoreline Functions 2.1 Natural Processes and Shoreline Functions As described in the shoreline Inventory and Characterization Report (URS 2010), the shoreline zone within the City provides several ecological functions that the SMA seeks to protect. Influenced by watershed processes, such as erosion and deposition, the hydrologic cycle, and nutrient transport and uptake, these functions provide ecological services that are less available outside of the shoreline zone. Shoreline functions are often separated into three general functional categories for ease of assessment and description. These functional categories include habitat functions, water quantity (hydraulic) functions, and water quality functions. Table 2-1 provides an overview of commonly assessed shoreline functions provided by the Spokane River and Shelley Lake (including associated wetlands). Table 2-1: Summary of Local Shoreline Ecological Functions Habitat functions Hydrologic functions Water quality functions • Aquatic habitat for • Flow attenuation/ • Nutrient Cycling invertebrates,native fish, regulation • Sediment filtering and and amphibians • Water storage stabilization • Terrestrial(riparian) • Base flow support • Cover for contaminated habitat for mammals, • Transport of water and aquatic sediment birds,invertebrates materials,including wood • Shade/thermoregulation • Support for native • Creation and maintenance • Aquifer recharge biodiversity of in-stream habitat • Toxicant removal • Production of organic complexity(pools,riffles, material gravel bars,etc.) • Creation of conditions for breeding and nesting/rearing 2.2 External Processes Affecting Shorelines There are several processes affecting shoreline ecological functions within the COSV that are beyond the City's ability to control. Habitat functions are affected by the spread of invasive weeds along the shoreline zone by wind, foot traffic, water flow, animal droppings, and other means. Aquatic habitat is affected by hydroelectric project management, which controls the amount of water flow moving through the City. During periods of low flow, temperatures rise and dissolved oxygen, which fish require, decreases. Water quality is affected by upstream agricultural runoff, urban runoff, limited erosion, temperature, and 303(d) contaminants associated with historical and current industry upriver. Water quantity/hydrologic functions are highly affected by upstream and downstream hydroelectric dams; natural aquifer inputs and recharge locations; and, to a lesser extent, upstream agricultural diversions. City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 2 SECTIONTWO Current Circumstances Affecting Shoreline Functions 2.3 Internal Factors Affecting Shorelines Within the City, several land use activities and natural processes affect shoreline ecological functions. Unlike the external processes listed in Section 2.2, many of these land use activities and processes can be controlled by the City, in coordination with the Washington Parks and Recreation Commission (State Parks), through a combination of regulations and land management activities. Within the City, habitat, water quality, and hydrologic functions are primarily affected by development, recreation, industry, and vegetation management. Riparian habitats are affected by unmitigated land clearing and development, after which they can become especially susceptible to invasive plant species establishment, which lowers the riparian habitat value for most species. Riparian areas can also be affected by recreational uses, including foot traffic, fire, and litter. Water quality within the City is largely affected by external processes but degradation can be exacerbated by erosion from concentrated surface runoff, contamination from localized discharge of untreated stormwater, motorboat pollution, and general aquifer contamination throughout the City. Erosion from runoff into the river and lake also affects water quality and aquatic habitat. Too much runoff can result in turbid water, which is harmful for fish. Water quantity within the river and lake is primarily affected by external factors but impervious development has the potential to increase "flashy" flows and decrease summer base flows through rapid discharge of stormwater that would otherwise infiltrate and recharge the aquifer over a longer period. 2.4 Summary of Ecological Functions at Risk Much of the COSV's shoreline jurisdiction along the Spokane River is managed by State Parks, as part of the Riverside State Park. As a result, river shoreline functions are largely protected from development within the City relative to other cities. However, recreational uses are common, encouraged by the SMA, and provided for by the Spokane River Centennial Trail (SRCT) and various public parks along the shoreline, which has the potential to degrade shoreline functions as noted in Section 2.3 above. In addition, shoreline areas above the State Park lands and adjacent areas outside of the SMP jurisdiction, particularly on the south side of the river, have the potential for development and or redevelopment/infill based upon the land use analysis in Section 6 of the Shoreline Inventory and Characterization Report (URS 2010). The majority of Shelley Lake is currently developed, making the potential for incremental current and future shoreline development impacts low around the lake. Table 2-2 below provides a list of potential impairments to shoreline ecological functions based on conditions within the City. City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 3 SECTIONTWO Current Circumstances Affecting Shoreline Functions Table 2-2: Summary of Potential Impairments to Shoreline Ecological Functions Habitat functions Water quantity functions Water quality functions • Loss of riparian cover from • Lower stream flow due to • Increased turbidity due to development and recreation increased aquifer use erosion from foot traffic, • Degraded habitat functions from • Increased short-term flow construction spread of noxious weeds velocity after rain events • Degraded water quality • Degraded fish habitat due to due to increased impervious due to increased turbidity from erosion/sediment area/runoff contamination/nutrient loading • Lower summer base flow loading from vehicles, • Degraded aquatic habitat due to support due to lack of lawn chemicals,pet waste, untreated stormwater runoff infiltration associated with etc. • Degraded wildlife habitat due to new impervious • Warmer water edge effects(noise,light, development temperatures due to loss of human/pet presence)from new riparian cover development City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 4 SECTIONTHREE Estimate of Future Shoreline Developments and Uses This section discusses the estimated developments and other uses that are reasonably expected within the shoreline zone over a 20-year period. 3.1 Review of Past and Current Shoreline Developments 3.1.1 Past Shoreline Uses In an effort to understand past shoreline impacts for the purpose of determining cumulative impacts of shoreline development, the preceding nine years of shoreline permits issued within the COSV was researched, reviewed, and summarized. Table 3-1 provides a snapshot of shoreline development over the past 8 years since the city incorporated in 2003. When combined with estimates of growth, as described in Section 3.2, this provides a reasonable tool for estimating future growth as well. Table 3-1: Summary of Shoreline Permits since Incorporation Development Type COSV Permit Type No. Year In-water Grading/ Upland Pathway Subst. Cond. Permits Dock Exempt Var. Fill Utilities Structure w/Reveg. Devel. Use 2004 2 2 2 2 2 2005 0 2006 1 1 1 2007 2 1 1 2 1 2 5 7 2008 0 2009 0 2010 2 1 2 1 1 2 2011 4 4 1 6 3 9 2012 1 2 1 1 3 4 Avg./yr. 0.67 10.22 11.0 11.22 0.44 1.22 11.56 10.00 10.00 12.78 Although the short period of time since incorporation makes the City's permit history short for the purposes of prediction, there are certain trends that are clear, even with the large standard deviation between values year-to-year. Based on Table 3-1, upland structures appear to be the most common type of development requiring a shoreline permit. They are also the type of development most likely to require a Substantial Shoreline Development Permit under the existing SMP. Docks are allowed as an exempt shoreline development at a rate of less than one per year, which indicates that, unless regulated differently by the SMP update, several more docks are likely over the future SMP planning period of 20 years within areas zoned for residential uses. The table also indicates that infrequent in-water fill occurs, generally associated with bank stabilization following a flood. Both in-water fill projects were allowed as an exemption. Under the current SMP, conditional uses and variances have never been used to permit a shoreline development. City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 5 SECTIONTHREE Estimate of Future Shoreline Developments and Uses 3.1.2 Current Shoreline Uses Within the City, there are approximately 511 acres under the jurisdiction of the SMA. This accounts for approximately 3 percent of the 24,464 acres within City limits. Per Table 3-2, below, the majority of the shoreline zone is held in parks/open space. This is followed by Industrial zoning, which is associated with the gravel pits and Kaiser Aluminum. Low-density residential zoning is the third-largest shoreline zone. A combination of other zoning categories, including Mixed Use, Commercial, and Public ROW account for less than 10 percent of the shoreline zone, combined. Shoreline areas lacking a zoning designation include 287.46 acres of open water and 20 acres of public right-of-way. Table 3-2: Summary of Zoning Categories within SMP Jurisdiction Zoning Category Acreage °!o Parks/Open Space 201 42.4 Industrial 153 32.3 Low Density Residential 76 16.0 Mixed Use 29 6.1 Railroad ROW 8 1.7 Commercial 7 1.5 The Spokane River currently receives moderate to high in-water recreational use due to the hydraulics of the Spokane River, which provide prized floating conditions for non-motorized boats, rafts, and kayaks. Due to an abundance of public park land and access provided by the SRCT and parking at Mirabeau Park, the southern shoreland areas receive a good deal of recreational use, primarily by bicyclists and pedestrians. The northern shoreland areas receive moderate hiking and angling uses at specific, publicly accessible areas, particularly around Sullivan Park. 3.2 Expectations of Growth Per the Shoreline Use Analysis in Section 6 of the Shoreline Inventory and Characterization Report, the COSV expects an annual growth rate of approximately 1.5 percent. Developable lands that are currently listed as "vacant" in the City Assessor's tax parcel database were quantified for the COSV by Planning Department staff in 2009 to update their comprehensive plan. Based on this effort, it was determined that there are currently 48.95 acres of developable land categorized as "Vacant"within the City's shoreline zones. City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 6 SECTIONTHREE Estimate of Future Shoreline Developments and Uses 3.3 Reasonably Foreseeable Future Development and Uses In general, shoreline areas with development potential are limited to dispersed fragments of parcels with industrial, residential, or mixed use zoning designations. Many of these lack adequate access, utilities, or are otherwise constrained in a manner that limits development potential (such as by utility or railroad easements). The majority of areas under SMA jurisdiction within the City are either not developable (e.g., park land) or have already been developed. Some minor redevelopment and infill are expected within residential shoreland areas, particularly within River Segment (SR)-1 (Figure 1); however, this would be restricted from infringing upon park lands and, as such, would have little direct effect on the current state of shoreline ecosystem functions. Planners often estimate a regions ability to support additional growth by quantifying developable lands that are currently listed as "vacant" in the City Assessor's tax parcel database. Such a land quantity analysis (LQA) was conducted by the City of Spokane Valley Planning Department staff in 2009 to update their comprehensive plan. Using the LQA data, there are currently 48.95 acres of land categorized as "Vacant" within the City's shoreline jurisdiction. Table 3-3 provides a summary of anticipated development within currently vacant lands, which fall into three zoning designations within SMP jurisdiction. This list is based upon conversations with COSV planning staff, State Parks, and Avista Corporation, a utility company with natural gas and electrical transmission within the SMP zone. Table 3-3: Anticipated Development by Zoning Designation Zoning Developable % Anticipated Development River Segment' Designation Acreage in SMP Coyote Rocks Residential SR-3 Development Trailside Residential SR-3 Development Likely short plat applications SR-1, SR-2 Residential 4.15 8 that will break large lots into smaller lots for development(not specific—estimated based on past development trends) Residential redevelopment(not SR-1, SR-2, SR- specific—estimated based on past 4, Shelley Lake development trends) Flora Road gravel pit will SR-2 Heavy Industrial 16.72 34 eventually transition into other land uses City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 7 SECTIONTHREE Estimate of Future Shoreline Developments and Uses Zoning Developable Designation Acreage in SMP �O Anticipated Development River Segment Pinecroft business and SR-2 commercial area Mixed Use Center 28.08 57 Centennial Properties mixed use SR-2 development 'Refer to Figure 1 below for river segment reference. In addition to the private and commercial developments noted in Table 3-3, there are public developments that are likely to occur, which are not specific to one zoning designation. The COSV Parks Plan is currently being updated. The plan is in the early stages of updating but future improvements at Sullivan or Mirabeau Park may include shoreline developments associated with improved access, as per the Public Access Plan (URS 2012). State Parks has no plans for park improvements within the foreseeable future. However, they would like to see the riprap revetment in SR-1 improved to provide enhanced visual benefits and ecological functions. Legend n City Limits w;- Spokane River Study Segment Boundary i SMA Boundary Centennial Trail Segment 4 t=' Segment 3 R Segment 1 t a Kaiser Aluminum Millwood r4 Mirabeau Sullivan: , rk `'>• ,, - Park Segmenti2 i r • Spokane affIM -• r " Figure 1:Spokane River Segments r'. City of Spokane Valley _ I w e ITS •: � 5 0 0.5 t M'des URS Also, the City intends to replace the aging Sullivan Bridge. The bridge replacement will be similar in scale to the Barker Road Bridge Replacement. Access improvements in conjunction with the Sullivan Bridge Project are expected, including an improved pathway to the water. City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 8 SECTIONTHREE Estimate of Future Shoreline Developments and Uses Additionally, Avista conducts maintenance projects and upgrade projects routinely. These include access road maintenance and repair, periodic pole replacement, tower upgrades, and buried natural gas line maintenance, repair, and replacement. Lastly, the Barker South metals cleanup site is expected to occur in the near future. This cleanup site was planned for 2012 but delays in the Barker Road Bridge project made the associated river access restrictions that would be associated with the cleanup activity unfavorable to the public. As a result, the cleanup activity is currently being re-evaluated. The primary effect on Spokane River's shorelines is expected to come from increased recreation. Due to the presence of the SRCT and widespread public park land throughout the river corridor, increased populations within the region have direct access to the majority of the river's shorelines through the City, particularly along the southern shoreline due to the SRCT. Future recreational use may increase with the establishment of the proposed Spokane River Water Trail, which is being discussed by members of the local Spokane River Forum. As currently envisioned, the Water Trail would formalize and provide improved direct river access at many of the existing access points identified in the Inventory and Characterization Report (URS 2010). City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 9 SECTIONF OUR Summary of Mitigating Regulations and Other Activities 4.1 Protective Provisions of Proposed SMP Based upon the actions described in Section 3 above, certain shoreline uses appear to have the greatest potential to result in losses of ecological shoreline functions due to incremental actions over time. These uses are analyzed by shoreline environmental designation (SED) in Table 4-1, below, to determine whether they would be allowed outright through an exemption, allowed with a shoreline substantial development application, potentially allowed as a conditional use, or outright prohibited. In addition to the general allowances and prohibitions associated with each SED, there are several additional shoreline regulations that further protect shoreline environmental functions. These are described in Sections 4.1.2 through 4.1.6. Following this, Section 4.2 describes other state and federal regulatory programs that function to protect shoreline ecological functions. Lastly, Section 4.3 describes other activities that are expected to enhance shoreline ecological functions and, as such, should be considered together with potentially detrimental anticipated development and recreation effects to assess the potential for a net loss or gain of shoreline ecological functions. 4.1.1 Shoreline Environmental Designations The SMP currently includes five SEDs. Based on data gathered during the shoreline inventory, shoreline areas with similar characteristics are assigned a common SED that reflects unique land management goals and policies that are appropriate for the area. The SED is used during the shoreline planning review process as a zoning overlay, which provides additional land use approval considerations above those associated with the underlying zoning category. The five SED categories are Urban-Conservancy-High Quality (UC-HQ), Urban Conservancy (UC), Shoreline Residential—Waterfront (SR-W), Shoreline Residential-Upland (SR-U), and Aquatic (AQ). The AQ SED applies to those areas below the ordinary high water mark for Waters of the State. Most of the Spokane River shoreline is designated as UC, including State Park lands. The UC designation allows for conservation of near-shore habitat while allowing limited commercial and mixed use development within the outer portion of the SMP jurisdiction. Areas specifically identified as proposed conservation areas in the 2010 inventory were designated as UC-HQ. The AQ and UC-HQ designations allow for the least amount of habitat alteration and generally focus on preservation and management of existing, high-quality riparian and aquatic habitat. There are two Shoreline Residential designations. Each was developed to provide a means for allowing appropriate residential uses with regard to the proximity of the residential area to the waterline. For areas directly adjacent to the water, the SR-W designation addresses land uses along the water line that are not applicable to upland residential areas (SR- U). Further descriptions of each SED are provided in COSV Resolution 12-007, which was passed on November 13, 2012. City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 10 SECTIONF OUR Summary of Mitigating Regulations and Other Activities Table 4-1: Shoreline Development Allowances by Environmental Designation i Shoreline Development I I >, >, with Potential to Degrade c c Shoreline Ecological c c c c o m Notes 2 L L V Functions 13 c 11 13 a c y c y a a O N O N R 2 c 2 O> . U) w m U) c m o m O 2 < Boating Facilities N/A P C X P/C/X See note below'. Commercial Development would be located Development(Non- X X P X X within outer portion of SMP water-Oriented) jurisdiction In-stream Development N/A C C X C Floodplain protections will be a (i.e. flood protection) conditional use. Mining X X X X X No new gravel mines will be allowed in the SMP zone. Accessory parking for mixed Parking Facilities use/residential/recreational P P P C X developments permitted in most non- aquatic areas. Parking as a primary use prohibited in all SEDs. Recreational Development Water-dependent/related P P P P P No recreational development is Non-water-oriented P P P C C prohibited outright and none is Trails and walkways P P P C P exempted outright. Residential Development/Redevelopment Residential structures are subject to Single-family A A A A X underlying zoning requirements only outside of Aquatic SED. Multi-family P P P X X Private docks serving 1-3 residences Private docks X P P P X require permit review;4+is covered through"boating facilities" Public Facilities and Utilities Public facilities Includes bridge repairs,park P P P X C improvements. Utilities A A P P P Routine maintenance of Includes existing utility corridor existing infrastructure A A A A A maintenance. KEY: A=Allowed/Exempt. P=Permitted. C=Conditional Use. X=Prohibited. N/A=Not Applicable 'Note: For these uses within the Aquatic Environment,the adjacent upland environment per the City of Spokane Valley Environment Designation Map shall govern. City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 1 1 SECTIONF OUR Summary of Mitigating Regulations and Other Activities 4.1.2 Buffers and Setbacks Shoreline buffers and building setbacks protect the shoreline environment by limiting development and use within a reasonable distance from the water edge and associated sensitive shoreline habitats, ensuring no further degradation of the existing shoreline environment. Shoreline buffers generally follow the vegetation conservation boundary identified in the shoreline inventory and can be seen on Figure 3 (page 27). Buffers occupy the majority of the shorelands. Buffer reductions in all SEDs may be granted by Shoreline Variance Permit; however, sites which have had buffer widths reduced or modified by any prior action are not eligible for buffer reduction. In addition to buffers, a 15-foot setback is generally required within all SEDs. Setbacks proposed for the residential areas are limited to new subdivisions, binding site plans, and planned residential developments. In addition, the existing Spokane Valley Zoning Code (SMC 19.40), requires a 20-foot setback from the property line. For most residential properties, this zoning setback provides a full 20 feet setback from the shoreline buffer. There are ten residential lots, only one of which is currently vacant,where the zoning setback would allow development along the buffer area without a setback. The SMP allows the following developments within the building setback area when accessory to a primary structure: • Landscaping • Uncovered decks or patios • Paths, walkways, or stairs • Building overhangs, if not extending more than 18 inches into the setback area 4.1.3 Shoreline Vegetation Conservation Measures The Inventory and Characterization Report identifies the loss of riparian cover from development and recreation as a threat to shoreline habitat function (URS 2010). Shoreline vegetation plays a number of functional roles by providing bank stability, habitat and wildlife corridors, shade and cover, and wood and organic debris recruitment. Vegetation conservation measures ensure that vegetation within the shoreline jurisdiction is protected and/or restored when damaged or removed by development activities. Vegetation conservation also improves the aesthetic qualities of the shoreline. The proposed SMP requires vegetation conservation measures for most projects proposing vegetation removal. For new development, expansion, or redevelopment, all clearing and grading activities must comply with Spokane Valley Code Chapter 24.50 (Land Disturbing Activities). A vegetation management plan, describing the vegetative conditions of the site and summarizing functions provided by existing vegetation, is required for projects that propose removal of mature trees or shrubs. Removal of vegetation from within the shoreline buffer also requires submittal of a vegetation management plan. Mitigation, in the form of native vegetation replacement, may be City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 12 SECTIONF OUR Summary of Mitigating Regulations and Other Activities required. The City may also require a performance surety as a condition of shoreline permit approval to ensure compliance with the SMP. Exceptions to proposed shoreline conservation measures include activities related to maintenance of existing yards or gardens; noxious weed removal; and dead or hazardous tree removal. Pruning and thinning of trees for maintenance, safety, forest health, and view protection are also exempt from the requirement to obtain a Shoreline Permit, if a letter of exemption is issued, and if conducted on/or within the following areas: • Public land • Utility corridors • Private residential land buffer areas Pruning and thinning for view maintenance on public and private lands are subject to conditions to ensure that pruning activities are conducted in a way that ensures the continued health and vigor of shoreline vegetation. Adherence with the Shoreline Critical Areas Ordinance (CAO) regarding the application of pesticides, herbicides, fertilizers, or other chemicals is required for all vegetation removal activities. 4.1.4 Shoreline Hardening Restrictions Bulkheads and other hard shoreline stabilization structures can disrupt natural shoreline processes and destroy shoreline habitats. The proposed SMP encourages the use of nonstructural methods (e.g., building setbacks, relocation of the threatened structure, soil bioengineering with vegetation, groundwater management, and planning and regulatory measures to avoid the need for structural stabilization) instead of shoreline hardening measures. New structural stabilization methods require a Shoreline Conditional Permit and will be permitted only under the following conditions: • Evidence shows that an existing primary structure is in danger from shoreline erosion caused by wave action and river currents. • Nonstructural measures are not feasible or not sufficient. • An engineering or scientific analysis shows that damage is caused by natural processes. • Structural stabilization will incorporate native vegetation and comply with the mitigation sequencing in Section 4.1.5. The SMP also includes provisions allowing for repair, maintenance, and replacement of existing shoreline stabilization structures, so long as the location and footprint of the replacement structure remain similar. New or replaced shoreline stabilization structures must comply with the requirements of the Spokane Valley Municipal Code Chapter 24.50 (Land Disturbing Activities) and with Section City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 13 SECTIONF OUR Summary of Mitigating Regulations and Other Activities 4.1.3 (Shoreline Vegetation Conservation), and require the submittal of design plans, a design narrative, and engineering or scientific reports prepared by a qualified professional. 4.1.5 Avoidance and Minimization Standards To achieve no net loss of shoreline ecological functions, applications for proposed shoreline modifications or developments must demonstrate that the proposed project meets the City's Avoidance and Minimization standards. These standards require the applicant to first seek opportunities to avoid impacts to sensitive shoreline areas, including the Riparian Habitat Area and shoreline CAOs. Where impacts cannot be avoided, they must be minimized to the extent practicable and remaining impacts must be mitigated. Mitigation for unavoidable impacts to sensitive shoreline areas typically includes shoreline restoration. Mitigation measures will be applied in the following order of priority: i. Avoiding the impact altogether by not taking a certain action or parts of an action; ii. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts; iii. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; iv. Reducing or eliminating the impact over time by preservation and maintenance operations; v. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and vi. Monitoring the impact and the compensation projects and taking appropriate corrective measures. Mitigation sequencing is required for all proposed shoreline uses and development, including uses that are exempt from a Shoreline Substantial Development Permit. 4.1.6 Shoreline Critical Areas Regulations The City's shoreline CAO provides regulations for development within critical areas located within SMP jurisdiction. Designated critical areas within the shoreline jurisdiction include wetlands, fish and wildlife habitat conservation areas, geologically hazardous areas, and critical aquifer recharge areas. Development is generally restricted from occurring within a critical area without a site specific analysis of potential impacts to the critical area and proposed mitigation. Regulation of critical areas within the shoreline jurisdiction will be administered as part of the CAO guidelines that are being developed specifically for the SMP update. All use, modification, or development proposed within the shoreline jurisdiction must comply with the CAO. City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 14 SECTIONF OUR Summary of Mitigating Regulations and Other Activities 4.2 State and Federal Regulatory Protections Federal and state regulations also provide mechanisms that aim to avoid adverse impacts to shoreline ecological functions. In addition to local regulations, several state and federal agencies have regulatory authority over resources within the City's shoreline jurisdiction. These regulations help manage potential cumulative impacts to shorelines. The following state and federal regulations may apply to activities and uses within the City's shoreline jurisdiction to avoid impacts. • Clean Water Act Section 404 Permit: Section 404 of the Federal Clean Water Act regulates the discharge of dredged or fill material into waters of the United States. The U.S. Army Corps of Engineers (Corps) is responsible for authorizing fill activities. • Clean Water Act Section 401 Permit: Applicants receiving a Section 404 permit from the Corps are required to obtain a Section 401 (Water Quality Certification) permit from Ecology. Water quality certification helps protect water quality by providing the state with the opportunity to evaluate aquatic impacts from federally permitted projects. • Federal Endangered Species Act (ESA): All projects with the potential to directly or indirectly affect species listed as threatened or endangered under the ESA are subject to the review of the U.S. Fish and Wildlife Service or National Oceanic and Atmospheric Administration Fisheries (NOAA Fisheries). • National Flood Insurance Program (NFIP): The Flood Insurance and Mitigation Administration (FIMA) administers NFIP, which provides flood insurance, floodplain management, and flood hazard mapping. Participants in the NFIP adopt and enforce floodplain management ordinances to reduce future flood damage. • State Hydraulic Project Approval (HPA): Any work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state requires a HPA permit from the Washington State Department of Fish and Wildlife. Project applicants must show that construction will not adversely affect fish, shellfish, and their habitats. • Washington State Water Pollution Control Act(WPCA): The WPCA prohibits the discharge of pollutants into any water of the state. Any discharge of pollutants from point sources to surface waters of the state requires a National Pollutant Discharge Elimination System (NPDES)permit from Ecology. • Washington State Parks and Recreation Commission: Planning projects at Washington State Parks require completion of the Classification and Management Plan (CAMP) process. The process reflects the standards set out in the State Environmental Policy Act (SEPA) and information collected through the planning effort is used to satisfy SEPA requirements. City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 15 SECTIONF OUR Summary of Mitigating Regulations and Other Activities 4.3 Other Activities that May Protect or Restore Shoreline Functions As noted in Table 5-1, opportunities for the restoration of shoreline ecological functions have been identified throughout the City's SMP jurisdiction. These restoration opportunities are described in the COSV Shoreline Restoration Plan prepared for the SMP update (URS 2012b). Implementation of these restoration projects is coordinated through the City but is dependent upon volunteer interest or mitigation obligations associated with a shoreline permits. Local environmental advocacy groups periodically work on tree planting and weed removal activities. Two such activities occurred over the last two years, including weed and trash removal combined with tree planting at Mirabeau Park and a separate tree planting effort near Barker Road Bridge. Based on this, volunteer restoration activities are reasonably foreseeable. Future developments requiring a Substantial Shoreline Development Permit are likely to require mitigation if they involve habitat impacts that cannot be avoided. Where located near an identified shoreline restoration opportunity the City is expected to work with applicants to include an identified restoration opportunity as part of the permit approval. Other activities that are likely to protect or restore shoreline functions include ongoing weed management activities carried out by State Parks and the City of Spokane Valley as part of their routine park maintenance, which includes areas along the SRCT. Also, ongoing metals cleanup projects in and upstream of the city will improve water quality functions. City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 16 SECTIONFIVE Findings by Proposed Environmental Designation 5.1 Findings As summarized in Table 5-1, this SMP will maintain existing shoreline ecological functions. The current draft shoreline regulations require increased building setbacks where appropriate; regulate uses likely to have a detrimental impact on ecological functions; establish standards for achieving proper mitigation of impacts to vegetation conservation areas, critical areas, and associated buffers; and encourage restoration activities. While the cumulative impact of certain development activities, such as docks and associated access, in portions of the Shoreline Residential SED may cause a minor decrease in shoreline ecological functions over the planning period (estimated at 20 years), those losses are expected to be relatively small in area and limited to a small portion of the City's shoreline jurisdiction where coordinated development was deemed appropriate based upon the Shoreline Inventory and Characterization Report(URS 2010). In contrast, the majority of the SMP jurisdiction is made up by the Urban Conservancy SED, which appears likely to achieve a net increase in shoreline functions over the planning period as a result of public interest in volunteering for shoreline restoration projects, availability of shoreline restoration opportunities, and anticipated mitigation activities associated with likely shoreline developments. As a result, the overall, or net, status of shoreline ecological functions is expected to remain at its current state within the COSV. As noted in Table 5-1, where minor decreases are possible within a SED, recommendations for minimizing functional losses are provided that may help achieve no change over the planning period. It should be noted that some of the factors that may degrade shoreline ecological factors are largely beyond the scope of the SMP, including managed flows on the river and increased recreational use of the State Parks. City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 17 SECTIONFIVE Findings by Proposed Environmental Designation Table 5-1. Findings Shoreline Segment Environmental Designation Existing Conditions/ Functions Provided/ Ecological Rating Expected Growth/ Impacts Effect of SMP& Other Regulations Expected Ecological Enhancement Net Impact to Functions over Next 20 years Recommended Actions SR-1 Urban Conservancy y (HQ) Native riparian forest/ Habitat for terrestrial wildlife, shade;bank stabilization;native ty;woody biodiversity; material provision,base flow support Ecological Rating:Fair- Good No growth expected; area recommended for conservation Ongoing shoreline erosion likely Commercial and industrial uses, significant vegetation removal,prohibited. Non-water-oriented recreational development requires conditional use review.Requires setbacks from RHAs. Mitigation requirements apply to any development. None planned; none needed Area located away from recreation hot spots and no developments planned. Result is No loss. Conserve/protect existing native riparian functions SR-1 Urban Conservancy Primarily State Park land near shoreline/ Native riparian forest habitat for terrestrial wildlife, shade;bank stabilization;native biodiversity;woody material provision, flood protection,base flow support/ Ecological Rating:Fair- Good Increased water- dependent uses Minor soil,water, and vegetation disturbance from increased off-trail pedestrian traffic Protects existing vegetation and limits floodplain development. Requires setbacks from RHAs. Allows for restoration. Mitigation requirements apply to most development in this SED. Riparian habitat restoration/tree planting associated with voluntary efforts Vegetation restoration should balance increased foot traffic impacts to result in no loss. Encourage restoration opportunities 30- 38 City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 18 SECTIONFIVE Findings by Proposed Environmental Designation Shoreline Segment Environmental Designation Existing Conditions/ Functions Provided/ Ecological Rating Expected Growth/ Impacts Effect of SMP& Other Regulations Expected Ecological Enhancement Net Impact to Functions over Next 20 years Recommended Actions SR-1 Shoreline Residential (Upland) Single family residential development,low to medium density,on terrace above river/ Habitat for terrestrial wildlife,bank stabilization, shade/ Rating:Fair- Good Small amount of new residential development, subdivisions and redevelopment expected/Increased runoff from new impervious, vegetation alteration, habitat loss,edge effects on wildlife (light and noise impacts) Maintains buffers, limits development in RHA,conserves vegetation,protects g p critical areas,imposes building setbacks, provides public access. Underlying zoning requires 20- foot development setback from property lines. Riparian plantings, slope stability/ erosion control in nearby UC SED. Development may result in potential localized minor loss due to increased runoff, increased shoreline access,docks,and edge effects. Functional losses are minimized by building setbacks, vegetation conservation and buffer standards,use restrictions,mitigation, and possible restoration activities Look for ways to y limit piecemeal stormwater and habitat impacts. Restoration opportunity 36 0.06 acre) ) SR-2 Urban Conservancy (HQ) Native riparian forest or shrub areas with high biological diversity, mature vegetation,or uncommon species assemblages/ Habitat for terrestrial wildlife, shade;bank stabilization;native biodiversity; ty;woody material provision,base flow support/ Ecological Rating:Fair- Good Expected increase in recreational use as population increases and access improvements p facilitate greater use/ Potential for increased noxious weeds,fire, vegetation disturbance from foot traffic. Commercial and industrial uses, significant vegetation removal,prohibited. Non-water-oriented recreational development requires conditional use review. Requires setbacks from RHAs. Mitigation requirements apply to any development. None planned Most areas located within a RHA and access improvements designed to direct recreation use outside of HQ areas. Restoration activities elsewhere assumed to balance minor effects of increased recreation resulting in no loss. Conserve/protect existing forest areas;Place new park develop- menu in other SEDs;Restoration opportunity 29 (0.3 acre) City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 19 SECTIONFIVE Findings by Proposed Environmental Designation Shoreline Segment Environmental Designation Existing Conditions/ Functions Provided/ Ecological Rating Expected Growth/ Impacts Effect of SMP& Other Regulations Expected Ecological Enhancement Net Impact to Functions over Next 20 years Recommended Actions SR-2 Urban Conservancy Primarily State Park land near shoreline with limited mixed-use, commercial,and industrial areas at outer edge of SMP zone/ Native riparian forest habitat for terrestrial/aquatic wildlife, shade;bank stabilization;native biodiversity;woody material provision, flood protection/ Ecological Rating:Fair- Good Increased recreational uses and new commercial and mixed-use development south of State Park lands/ Minor soil,water, and vegetation disturbance from increased off trail pedestrian traffic; increased runoff from new impervious p areas; minor increase in edge effects on wildlife(light and noise impacts) SMP protects existing vegetation and limits floodplain development. Requires setbacks from RHAs.For large developments, requires Habitat Management Plan and mitigation for habitat impacts. Dimensional standards limit size of new developments. City code and NPDES requires stormwater treatment for all new development Riparian habitat restoration/tree planting lantin associated with voluntary ry efforts Ongoing noxious weed control Mitigation standards should limit loss of functions and large area of potential vegetation restoration should increase shoreline functions to result in no net loss; potential net increase. Restoration opportunities 8- 24,26-28 (-27.6 acres) City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 20 SECTIONFIVE Findings by Proposed Environmental Designation Shoreline Segment Environmental Designation Existing Conditions/ Functions Provided/ Ecological Rating Expected Growth/ Impacts Effect of SMP& Other Regulations Expected Ecological Enhancement Net Impact to Functions over Next 20 years Recommended Actions SR-2 Shoreline Residential (Upland) Small area of single family residential development,low density,on terrace above river/ Habitat for terrestrial wildlife,bank stabilization, shade/ Ecological Rating:Fair- Good Small amount of new residential development and redevelopment expected/Increased runoff from new impervious, vegetation alteration, habitat loss,edge effects on wildlife Maintains buffers, limits development in RHA,conserves vegetation,protects critical areas,imposes building setbacks, provides public access. Underlying zoning requires 20- foot development setback from property lines. Riparian plantings, slope stability/ erosion control in nearby UC SED. Development may result in potential localized minor loss due to increased runoff, increased shoreline access,docks,and edge effects. Functional losses are minimized by building setbacks, vegetation conservation and buffer standards,use restrictions,mitigation, and possible restoration activities Restoration opportunity 25,26 (�0.8 acres) SR-3 Urban Conservancy (HQ) Native riparian shrub areas with high biological diversity and unique riparian physical environment near Coyote Rock river formations/ Habitat for terrestrial wildlife, shade,bank stabilization,native biodiversity,flood attenuation,woody material provision,base flow support/ Ecological Rating:Fair- Good Expected increase in adjacent recreational use as population increases/ Potential for increased noxious weeds,fire Commercial and industrial uses, significant vegetation removal,prohibited. Non-water-oriented recreational development requires conditional use review.Requires setbacks from RHAs. Mitigation requirements apply to any development. None planned Areas located within a RHA and no development is anticipated in area resulting in no loss. Restoration Opportunity#6 would expand the HQ habitat to provide a net increase in shoreline habitat/water quality functions. City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 21 SECTIONFIVE Findings by Proposed Environmental Designation Shoreline Segment Environmental Designation Existing Conditions/ Functions Provided/ Ecological Rating Expected Growth/ Impacts Effect of SMP& Other Regulations Expected Ecological Enhancement Net Impact to Functions over Next 20 years Recommended Actions SR-3 Urban Conservancy Primarily State Park land(Myrtle Point Natural Area and SRCT)near shoreline with limited mixed-use, commercial,and industrial areas at outer edge of SMP zone/ Native riparian forest habitat for terrestrial/aquatic wildlife, shade;bank stabilization; flood attenuation,native biodiversity;woody material provision/ Ecological Rating:Fair- Good Small area with potential for increased recreational uses and possible new subdivision and/or commercial development/ Minor soil,water, and vegetation disturbance from increased off-trail pedestrian traffic; increased runoff from new impervious areas; minor increase in edge effects on wildlife from new residential community(incl. pets) SMP protects existing vegetation and limits floodplain development. Requires setbacks from RHAs.For large developments, requires Habitat Management Plan and mitigation for habitat impacts.Dimensional standards limit size of new developments. City code and NPDES requires stormwater treatment for all new development Riparian plantings, passive restoration, erosion control Mitigation standards should limit loss of functions and large area of potential vegetation restoration should increase shoreline functions to result in no loss; potential increases. Restoration opportunities 5-7 (6.0 acres) City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 22 SECTIONFIVE Findings by Proposed Environmental Designation Shoreline Segment Environmental Designation Existing Conditions/ Functions Provided/ Ecological Rating Expected Growth/ Impacts Effect of SMP& Other Regulations Expected Ecological Enhancement Net Impact to Functions over Next 20 years Recommended Actions SR-3 Shoreline Residential (Waterfront) Area currently vacant but cleared and platted for new single family, waterfont development behind a 75-foot vegetated shoreline setback/ Habitat for terrestrial wildlife,bank stabilization, shade/ Ecological Rating:Fair- Good Several new residential developments expected. Applications for dock developments and associated pathways anticipated/ p Increased runoff from new impervious, vegetation alteration, habitat loss,edge g effects on wildlife SMP maintains buffers,limits development in RHA, conserves vegetation, and protects critical areas.Docks require shoreline permits.No setbacks. Riparian planting potential in nearby UC SED. Development may result in potential localized minor loss due to increased runoff, increased shoreline access,docks,and edge effects. Functional losses are minimized by building setbacks, vegetation conservation and buffer standards,use restrictions,mitigation, and possible restoration activities Encourage planned, multi- unit development to provide formal access to shoreline to avoid multiple footpaths that result in vegetation loss and erosion. Restoration opportunities 1-4 (1.0 acre) SR 3 Shoreline Residential (Upland) Small area platted for single-family residential development but currently vacant and covered with young pine trees/ Habitat for terrestrial wildlife,bank stabilization, shade/ Ecological Rating:Fair- Good New single family residential development/ Increased runoff from new impervious, vegetation alteration, habitat loss,edge effects on wildlife Maintains buffers, limits development in RHA,conserves vegetation,protects critical areas,imposes building setbacks, provides public access. Underlying zoning requires 20- foot development setback from property lines Riparian plantings, slope stability/ erosion control in nearby UC SED. Development may result in potential localized minor loss due to increased runoff, increased shoreline access,docks,and edge effects. Functional losses are minimized by building setbacks, vegetation conservation and buffer standards,use restrictions,mitigation, and possible restoration activities Look for ways to limit piecemeal stormwater and habitat impacts. Has potential for Passive p restoration. City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 23 SECTIONFIVE Findings by Proposed Environmental Designation Shoreline Segment Environmental Designation Existing Conditions/ Functions Provided/ Ecological Rating Expected Growth/ Impacts Effect of SMP& Other Regulations Expected Ecological Enhancement Net Impact to Functions over Next 20 years Recommended Actions SR-4 Shoreline Residential (Waterfront) Fully developed residential area along slack water waterfront behind upriver dam.No public access.Many docks; shoreline heavily armored/ Shade from landscaping/ Poor-fair Residential development, recreational uses, public access Standards for density, lot coverage limits, shoreline stabilization, vegetation conservation,critical area protection,and water quality to assure no net loss of ecological function. No change to current ecological condition expected No change anticipated. Require native landscaping as partial mitigation for any new substantial developments. SR(All) Aquatic Spokane River below the ordinary high water line/ Aquatic habitat for native fish,amphibians, benthic invertebrates; support for sensitive pp , aquatic species';aquifer recharge;transport of materials;nutrient cycling;contaminated sediment cover Ecological Condition: Fair Good Increased recreation and additional docks Prevents most development, facilitates in-stream habitat restoration, TIVIDL&NPDES restrict pollution and provide for cleanup plan, state/federal permits required for most in-water work. Barker south metals cleanup site will reduce metals contamination. Increased stormwater treatment standards likely to limit water quality degradation. Riparian enhancements will provide shade, organic matter. Decreased flows likely Reduced trout populations likely with increase human use. Prohibit/limit motorboats, design docks to allow light through decks, post signs river use during limit peak trout spawning periods ' Aquatic environment contains Priority Species. City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 24 SECTIONFIVE Findings by Proposed Environmental Designation Shoreline Segment Environmental Designation Existing Conditions/ Functions Provided/ Ecological Rating Expected Growth/ Impacts Effect of SMP& Other Regulations Expected Ecological Enhancement Net Impact to Functions over Next 20 years Recommended Actions Shelley Lake Urban Conservancy Large private lot containing native riparian habitat and used by local community as a nature trail/ Habitat for terrestrial wildlife, shade,organic material for lake/ Ecological condition: good Limited growth in adjacent residential areas will bring additional foot traffic along existing trail SMP Establishes RHA with limited development allowed. Possible noxious weed control and revegetation No change likely. With restoration,may see a slight increase. Restoration opportunities 39, 40 (2.6 acres) Shelley Lake Shoreline Residential bpd) Single-and multifamily residential development above an existing paved trail around majority of lake/ Minor shade for lake, roosting habitat for birds/ Ecological condition: poor-fair New sin le and g multi-family residential development/ Additional water use, lawn chemicals,and Doff• SMP Maintains buffers and setbacks, conserves vegetation, g protects critical areas, limits lot coverage. State and federal permits regulate in- water work Work with local conservation district to establish vegetation along lake's draw-down zone Most of lake is already developed along shoreline in this zone. Efforts to provide native p plants along shoreline expected to maintain existing functions as recreational use increases resulting in no change. City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 25 SECTIONFIVE Findings by Proposed Environmental Designation ShorelineEnvironmenlal designation t.ltcgory i Shoreline Residential•Upland Shoreline Residential-Wk3LerrrnrYt I 1 Urban Carsservanck I—I Urban Can raancy NCB I 1 €5 ive+ Scnincot 4'i:'75op II lb' e r Map Features I.j Spokane Valley Cily Limit. •I 65 Mies Fipare 2 Shoreline Environmental Designatinna City 41 Spt Sa n.Virlay Cumulative Impacts Analysis Report Sharelme Masier.Pragram 1,1 ate City of Spokane Valley Cumulative Impacts Analysis–DOE Preliminary Draft May 31, 2013 26 SECTIONFIVE Findings by Proposed Environmental Designation • • ' • •:Uf i_ t lie l 11 tb .1 s or • Map Features j Spokane Valley City Limits Shoreline Jurisdiction(SMP) I I Shoreline Buffer E 0 0.5 Miles 1 Figure 3 Shoreline Buffers City of Spokane Valley Cumulative Impacts Analysis Report Shoreline Master Program Update May 2013 City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 27 SECTION SIX References URS Corporation. 2010. City of Spokane Valley Shoreline Master Program Update, Shoreline Inventory and Characterization Report. Spokane Valley, WA. URS Corporation. 2012. City of Spokane Valley Shoreline Master Program Update, Public Access Plan. Spokane Valley, WA. URS Corporation. 2012b. City of Spokane Valley Shoreline Master Program Update, Restoration Plan. Portland, OR City of Spokane Valley Cumulative Impacts Analysis—DOE Preliminary Draft May 31, 2013 28 Spokane Valley Planning Commission DRAFT Minutes Council Chambers— City Hall, 11707 E. Sprague Ave. June 27, 2013 I. CALL TO ORDER Chair Bates called the meeting to order at 6:00 p.m. II. PLEDGE OF ALLEGIANCE Commissioners, staff and audience stood for the pledge of allegiance III. ROLL CALL COMMISSIONERS Present Absent CITY STAFF Bill Bates-Chair x Scott Kuhta,Planning Manager Joe Stoy—Vice Chair x Marty Palaniuk,Planner Steven Neill Cary Driskell, City Attorney Kevin Anderson x r Mike Phillips x r Robert McCaslin x Christina Carlsen x r Can Hinshaw, Secretary Planning Commissioners agreed to excuse Commissioner Stoy from the Planning Commission Meeting. IV. APPROVAL OF AGENDA Commissioner Carlsen moved to approve the agenda as presented, a second was made and the motion passed unanimously. V. APPROVAL OF MINUTES Commissioner Neill moved to approve the June 13, 2013 minutes as presented, a second was made and the motion passed unanimously. VI. PUBLIC COMMENT There was no public comment. VII. COMMISSION REPORTS Commissioner Anderson and Commissioner Carlsen attended the Regional Short Course at the City of Spokane. Commissioner Carlsen stated there was a lot of good information and wished there were more that would have attended. She said there were many aspects of City Planning that she had not wrapped her head around yet and the speakers did a good job at presenting the Planning Commission Minutes Page 1 of 3 information. Commissioner Bates attended the City of Spokane Valley budget session and the Joint Session on the Shoreline. He stated it was good to have a joint meeting and he complimented the staff on what a good job they did. VIII. ADMINISTRATIVE REPORTS Planning Manager Kuhta reviewed the advance agenda. He stated that the plan is to focus on the Shoreline Master Plan issues. There is not a lot of detail to the advance agenda due to waiting to see how the SMP issues plays out. IX. COMMISSION BUSINESS A. Old Business: Findings of Fact: CTA-2013-0004, Sign Code Amendments Commissioner Neill moved to approve and forward to City Council CTA-2013-0004 as presented. A second was made. Discussion: None Planning Commission vote was to forward to the City Council as presented, the motion was passed unanimously. B. New Business: Presentation: Spokane Regional Transportation Council. Senior Transportation Planner Ryan Stewart provided an overview of the Horizon 2040 effort. Under Federal regulations, one requirement is to develop a metropolitan transportation plan. This is a twenty-year minimum look into the future. It will be the blue print for the entire county of what they want transportation to look like over the next twenty plus years. He went over the Regional priorities, their vision, forecasting the population and employment. C. Unfinished Business: Commissioner Bates opened the Public Hearing at 7:03 PM Public Hearing and Deliberations: CTA-2013-0005. Planner Marty Palaniuk provided an overview of the materials for the Outdoor Lighting Standards and went over the proposed changes as attached in the draft materials for Chapter 22.60 Outdoor lighting standards. Commissioner Phillips asked if "lights on billboards" was in the sign code ordinance. Planning Manager Kuhta read the regulation as follows: Sign code section of the municipal code 22.110.060 General Provisions: Electronic signs shall be permitted on the same basis as other signs. All electronic message centers are required to have automatic dimming capabilities that adjust the brightness to the ambient light at all times of the day and night. Mr. Kuhta stated there is suppose to be written documentation when people come in for a permit to install their sign. It does not talk about a specific standard, it talks about dimming capabilities. Planning Commission Minutes Page 2 of 3 Commissioner Bates discussed criteria. His concern was about the maximum pole height. He asked if the Planning Director would determine the height of each individual project based on his knowledge of zoning and could we have different heights of poles in the City? Planner Palaniuk responded with yes. Commissioner Bates discussed treating people fairly by one of them not being able to put up the kind of fixture that he/she wanted verses somebody else. He stated that maybe regulating it based on zoning would be good. Mr. Palaniuk responded that the only purpose of the decision criteria is to decide whether a lighting plan is required. He does not think it is going to limit the height of the pole. The City is going to allow the developer to come in and provide the information. The only requirement the City will have is that the light be shielded off the site. The intent of the changes is to allow more flexibility for the developer. Commissioner Bates closed the Public Hearing at 7:20 PM Commissioner Neill moved to approve and forward to the City Council CTA-2013-0005 as presented, a second was made Discussion: Commissioner Anderson stated he will support the plan, but from a personal standpoint, he said he could understand rules about minimal lighting for public areas or parking lots that are all safety related. He does not like the idea that we would restrict private people from how much electricity they use or pay for on their own property. The state of Washington has taken it upon itself to put rules for that. From Commissioner Anderson's standpoint, he stated the cost of electricity would control what people do with their money. He is amazed at the thought process (not created by this City) in that we would restrict people from doing whatever lighting process they wanted as long as it was not a safety hazard. Planning Commission Action: to forward to the City Council as presented, the motion was passed unanimously. X. GOOD OF THE ORDER There was nothing for the good of the order. XI. ADJOURNMENT The being no other business the meeting was adjourned at 7:22 p.m. Bill Bates, Chairperson Cari Hinshaw, PC Secretary Date signed Planning Commission Minutes Page 3 of 3 Chapter 22.60 OUTDOOR LIGHTING STANDARDS Sections: 22.60.010 Purpose. 22.60.020 Application. 22.60.030 General requirements. 22.60.040 Prohibited lights. 22.60.050 Exceptions. 22.60.060 Temporary lighting. 22.60.010 Purpose. The regulation of outdoor lighting discourages excessive lighting of outdoor spaces, encourages energy conservation and prohibits lighting creating a nuisance for adjacent property owners. (Ord. 07-015 §4, 2007). 22.60.020 Application. The requirements of this chapter and the Washington Energy Code(Chapter 51 11 WAC) apply to outdoor lighting requirements for all developments except one- and two-family dwellings and public street lighting. (Ord. 07-015 § 4, 2007). 22.60.030 General requirements. The installation of new outdoor lighting or the extension, modification or expansion of existing outdoor lighting is subject to the following requirements: A. The lighting allowance for covered parking, open parking and outdoor areas shall not exceed 0.20 e._. per square foot for covered residential parking when ceilings and walls are painted or stained with a reflectance value of 0.70 or higher. B. The lighting allowance for building exteriors, including landscaping lighting, shall not exceed either 0.25 watts per square foot of building facade or 7.5 watts per linear foot of building perimeter. C. The maximum height of pole mounted outdoor lighting fixtures shall not exceed /12 feet in Regional Commercial and industrial zoning districts and 35 feet in all other districts. A. All outdoor lights shall include a light source and reflector that controls the light beam so that unshielded na light does not extends across any bounding property line between incompatible uses or into the public right-of-way, CTA-2013-0005 Proposed Text Amendment Page I 1 II q:114ScrKPTAOLE - I .WI,{ 4+r'1,4%4 ."5,-% 9. v yei^ - V...,, P.,*P•r 4y .N..I;hbyr. rrnry•'rty Irr A C C L T''I'A f I.F. ffs... Yen.. rrr•.I+r.tr f41crightr,rw Frnr. -', B. Outdoor lighting fixtures shall be designed so that the light source is shielded at any bounding property line except where topographical characteristics make this impossible. t''JACCEPTABLE ACCEY'T'AIZI,'; rr 4:41.1311211;:::::411. ..—N.. .7 _7�''p+�I11114 a Y III I! �I{I Fl FlwR F. All outdoor lighting systems shall be equipped with automatic switches conforming to the requirements • -:- _• - _. e •= Washington Energy Code. C.A Aapplications for building permits for commercial development will be evaluated by the Community Development Director to determine if a lighting plan is required to assess and mitigate impacts. The need fora lighting plan will be based on the scope and scale of the project, compatibility with surrounding uses, and anticipated light impacts. If required, the plan will include the following: s#a�4 be accompanied by a photometric analysis of the lighting effects prepared by a qualified engineer. 1. A site plan showing the location of all outdoor light fixtures. 2. The type and method of shielding for each light fixture. CTA-2013-0005 Proposed Text Amendment Page 12 H. The mounting height of walkway lighting shall not exceed 12 feet and all fixtures mounted at a height of more than eight feet shall be fully shielded. -[D. Lighting designed to accent landscaping features or architectural elements, including the illumination of pole-mounted flags of the United States, shall be concealed or positioned so that the light source is not visible at adjacent property lines. J. Lighting for outdoor arenas, stadiums and playfields shall not remain on longer than 30 minutes following the end of the event. (Ord. 07 015 §/1, 2007). 22.60.040 Prohibited lights. The following lights are prohibited unless a temporary permit is obtained for specific events with specific times of operation: A. Laser source light, strobe lights and similar high intensity light sources, except those associated with approved activities of the City of Spokane Valley. High intensity lights for which a temporary permit is issued shall not project above the horizontal plane nor extend into the public right-of-way. B. Searchlights. (Ord. 07-015 § 4, 2007). 22.60.050 Exceptions. A. Navigation and airport lighting required for the safe operation of boats and airplanes. B. Emergency lighting required by police, fire, and rescue authorities. C. Lighting for state and federal highways authorized by the Washington State Department of Transportation. D. Internal lighting of permitted signs. E. Outdoor lighting for public monuments. F. In-pool lighting for private swimming pools. G. Holiday decorations. (Ord. 07-015 § 4, 2007). 22.60.060 Temporary lighting. The building official may authorize temporary exceptions not to exceed 30 days for good cause shown. (Ord. 07-015 §4, 2007). CTA-2013-0005 Proposed Text Amendment Page 13