STAFF REPORT WASHINGTON STATE PARKS AND RECREATION COMMISSION COVERED SHELTERS AND BIKE RACKS

STAFF REPORT WASHINGTON STATE PARKS AND RECREATION COMMISSION COVERED SHELTERS AND BIKE RACKS TO: Douglas County Hearing Examiner FROM: Douglas County Land Services Staff RE: SP-2019-02 DATE: April 8, 2019 I. GENERAL INFORMATION Requested Action: An application for a shoreline substantial development permit to install covered shelters and/or bicycle racks along four (4) existing concrete outlook points along the Rocky Reach Trail. Location: The subject properties are located in areas zoned Residential Low Density (R-L), Commercial Agriculture 5 (AC-5), and Commercial Agriculture 10 (AC-10). The properties are located within natural shoreline environment and are further described as being located along the NE side of the Rocky Reach Trail in Douglas County, Washington. The Douglas County Assessor s Parcel Numbers are: 40400000205, 23201510010, 23201120028, and 23200210016. II. SITE INFORMATION Site Characteristics: The sites consist of four (4) existing concrete outlook points along the Rocky Reach Trail. The outlook points fall on the north eastern portion of the Rocky Reach Trail, within Douglas County. The outlooks begin just north of Odabashian Bridge and end just south of Lincoln Rock State Park. Habitat provided on the property is limited due to the Rocky Reach Trail running parallel to the shoreline. To the east of the outlooks, on the landward side of the trail, there is a large amount of privately owned land. Most land is being used for agricultural or residential purposes. To the west of the trail there are moderate slopes continuing down to the ordinary high water mark (OHWM). The land on the waterward side of the trail contains a mixture of native vegetation. Project Proposal: The Rocky Reach Trail includes four existing outlook points along the Columbia River which are referred to as Outlooks 1, 2, 3, and 4 in this proposal. State Parks proposes to install shelters at Outlooks 1, 2, and 4, and bike racks at Outlooks 1, 2, 3, and 4. Zoning and Development Standards: The subject properties are located within the Residential Low Density (R-L) district, the Commercial Agriculture 5 (AC-5) district, and the Commercial Agriculture 10 (AC-10) district. The subject Page 1

properties are also along the shoreline and fall within the Natural shoreline environmental designation. The Residential Low Density district is a land use classification primarily suited for single-family residential living. Uses are limited to residential uses and under certain conditions public and service uses which by their nature as support services or facilities are necessarily better served by locating within the residential sector. The purpose of the AC-5 commercial agriculture district is to provide a variety of lifestyles, including hobby farms, while protecting the commercial agricultural activities in the vicinity. The purpose of the AC-10 commercial agriculture district is to encourage agricultural development through the maximum cultivation and reclamation of lands by restricting incompatible uses within such areas. It is also the purpose to preserve and encourage existing and future agricultural land uses as viable, permanent land uses, and as a significant economic activity within the community. The purpose of the natural shoreline environment designation is to protect or restore shoreline areas that are relatively free of human influence or that include intact or minimally degraded shoreline functions that are intolerant of human use. These systems require that only very low intensity uses be allowed in order to maintain the ecological functions and ecosystem-wide processes. III. COMPREHENSIVE PLAN: The following goals and policies set forth in the Douglas County Countywide Comprehensive Plan are relevant to this development: GENERAL LAND USE: POLICY G-13: Promote public access to lakes, rivers, creeks and other water bodies through signage, maps, public information programs, trails, scenic overlooks, picnic areas and other mechanisms. POLICY G-15: Encourage the operation of rural commercial businesses, natural resource related industries, recreation and tourism activities, cottage industries, small scale business, and home occupations that are consistent with existing and planned land use patterns and are of an appropriate size and scale to maintain rural character. CRITICAL AREAS FISH AND WILDLIFE HABITAT CONSERVATION AREAS Page 2

GOAL 1: Protect fish and wildlife habitat areas as an important natural resource for Douglas County, particularly in regard to their economic, aesthetic and quality of life values. POLICY CA-15: The maximum amount of vegetation should be maintained in its natural state and be disturbed only as minimally necessary for the development. Disturbed areas should be re-vegetated with native vegetation as soon as possible. Re-vegetation will be maintained in good growing conditions, as well as being kept free of noxious weeds. POLICY CA_16: If a development proposal is located in or near a habitat conservation area shown on the reference maps, a consultation and subsequent mitigation measures, if needed, should be encouraged from the WDFW or other appropriate agency. POLICY CA-19: Proper riparian management that maintains existing riparian habitat and is consistent with best agricultural management practices should be encouraged. POLICY CA-20: Ensure that land uses adjacent to naturally occurring wetlands and other fish and wildlife habitat areas will not negatively impact the habitat areas. If a change in land use occurs, adequate buffers will be provided to the habitat areas. POLICY CA-21: Activities allowed in fish and wildlife habitat conservation areas and open space will be consistent with the species located there, including all applicable state and federal regulations and/or best management practices for the activity regarding that species. The following goals and policies set forth in the Greater East Wenatchee Area Comprehensive Plan and are relevant to this project: GOAL 1: provide recreational opportunities, facilities, and experiences which will allow all individuals the opportunity to improve the quality of their lives, while preserving and enhancing the existing resources of the area. POLICY OS-3: Provide a variety of programs and services that serve the general population of the community, as well as meeting the special needs of youth, seniors and the physically challenged. POLICY OS-15: Public recreational areas should be located on public land which is readily accessible and designated for public access via existing roads or where roads can be reasonable extended to access the site. It should be located close to its prospective users and accessible to living areas by pedestrian walkways. POLICY OS-21: Provide public access to shoreline areas when possible. Page 3

IV. SHORELINE MASTER PROGRAM The Douglas County Regional Shoreline Master Program classifies this reach of the Columbia River shoreline as natural. The purpose of the natural environment is to protect or restore shoreline areas that are relatively free of human influence or that include intact or minimally degraded shoreline functions that are intolerant of human use. The following goals and objectives set forth in the Shoreline Master Program are relevant to this project: PUBLIC ACCESS: GOAL 1: Provide safe, convenient and diversified access for the public to the publicly owned shorelines of Douglas County and assure that public access facilities will recognize the rights of private property owners, will not endanger life, and will not adversely affect fragile natural areas and resources. GOAL 2: Provide the public opportunities to enjoy the physical and aesthetic qualities, including views, of shorelines of the state consistent with the other goals and policies of this Program. OBJECTIVE 1: Promote and enhance the public interest with regard to rights to access waters held in public trust by the state, while protecting private property rights and public safety. OBJECTIVE 4: Encourage the development of additional public access to the shoreline on lands owned by the county, state, and federal government and through public easements. OBJECTIVE 6: Public access should be located, designed, developed, managed and maintained in a manner that protects shoreline ecological functions and processes. RECREATION: GOAL 1: Provide opportunities and space for diverse forms of water-oriented recreation. OBJECTIVE 2: Recreational areas should be located, designed, developed, managed, and maintained in a manner that protects shoreline ecological functions and processes. Page 4

OBJECTIVE 3: Recognize and protect the interests of all people of the state by providing increased recreational opportunities within shorelines of statewide significance. OBJECTIVE 4: Provide diverse choices of regional water-oriented public recreational opportunities when consistent with this Program. OBJECTIVE 5: Location, design and operation of recreational development shall consider measures necessary to establish a high level of compatibility with other uses and activities and avoid negative impacts to the shoreline environment. OBJECTIVE 7: Encourage federal, state and local governments to develop existing sites and to acquire additional shoreline property for public recreational use. SHORELINE USE: GOAL 1: Consider the use and development of shorelines and adjacent land areas for housing, business, industry, transportation, agriculture, forestry, natural resources, recreation, education, public buildings and grounds, utilities and other categories of public and private land uses in relation to the natural environment and ensuring no net loss of ecological function. OBJECTIVE 1: Shoreline use preference should be given to water-dependent and single family residential uses that are consistent with preservation of shoreline ecological functions and processes. Secondary preference should be given to water-related and water-enjoyment uses. Non-water-oriented uses should be allowed only when substantial public benefit is provided with respect to the goals of the Act for public access and ecological restoration. OBJECTIVE 2: The location, design, and management of shoreline uses should be balanced to prevent a net loss of shoreline ecological functions and processes over time. Where adverse impacts are unavoidable, require mitigation to ensure no net loss of shoreline ecological functions. HISTORICAL/ CULTURAL GOAL 1: Identify, protect, preserve and, where appropriate, restore sites that have historical, cultural, educational and scientific value and/or significance. OBJECTIVE 1: Cultural and historic sites should be protected in collaboration with appropriate tribal, state, federal and local governments. Public agencies and private parties should be encouraged to cooperate in the identification, protection and management of cultural resources. Page 5

A listing of the applicable policies and regulations are found in the analysis section of this staff report. WASHINGTON ADMINISTRATIVE CODE (WAC) WAC 173-27 provides updated rules for administering the Shoreline Management Act (RCW 90.58) and the local master program. WAC 173-27-150 establishes minimum review criteria for substantial development permits. The criteria states that a substantial development permit shall be granted only when the proposed development is consistent with: The policies and procedures of the Act; The provisions of these regulations; and The applicable master program adopted or approved for the area. V. ENVIRONMENTAL REVIEW Washington State Parks and Recreation commission assumed lead agency for the project. State Parks have found the project to be categorically exempt under WAC 197-11-800(2)(d)(ix) other minor new construction. VI. AGENCY AND PUBLIC COMMENTS: Applicable agencies have been given the opportunity to review this proposal. The following agencies have been sent copies of the proposal and have commented as indicated below: Agency Notified WA Department of Ecology WA Department of Ecology - Shorelines Chelan County PUD Douglas County Fire District Response Received Agency Notified WA Dept. of Fish & Wildlife WA Dept. of State Parks Colville Confederate Tribes Port of Douglas Response Received 3/19/2019 DAHP * = No Reply Agency comments have been included as Attachment A No public comments were received at the writing of this staff report. Page 6

VII. PROJECT ANALYSIS Upon review of the application materials, site plans, agency comments, the Douglas County Countywide Comprehensive Plan, the Greater East Wenatchee Area Comprehensive plan, the Douglas County Regional Shoreline Master Program and other applicable codes and requirements, planning staff offers the following analysis and recommendations for the subject application: Comprehensive Plan consistency: Recreational development and opportunities in shoreline areas of the Residential Low Density, Commercial Agriculture 5, and Commercial Agriculture 10 land use designations can be considered when potential adverse impacts to water quality, slope stability, vegetation, wildlife and aquatic life have been sufficiently addressed. The proposal is consistent with the goals and policies of the Greater East Wenatchee Area and Douglas County Countywide Comprehensive Plans. Consistency with the Douglas County Shoreline Master Program Analysis: The addition of shelters and bike racks are accessory to the existing allowed use. The Rocky Reach Trail is the existing allowed use, per Res. 4.1 ECOLOGICAL PROTECTION AND CRITICAL AREAS POLICY 2: In assessing the potential for net loss of ecological functions or processes, project specific and cumulative impacts shall be identified and evaluated. Analysis: The applicant has identified all impacts that will occur from the proposed development. Impacts have been assessed and it has been found that no additional impact to surrounding vegetation will occur. POLICY 4: Except where development is otherwise exempt, the cities and the county should seek input and coordinate with federal, state, local and tribal agencies with expertise for development occurring within or near wetlands or fish and wildlife habitat. Analysis: Notice of the project and requests for comments have been sent to all of the applicable agencies, and recommended conditions of approval provided. 4.6 PUBLIC ACCESS: POLICY 1: Access to shorelines should be incorporated in new development and may be physical and/or visual to provide the public with the opportunity to enjoy the water s edge, and view the water and shoreline. Page 7

Analysis: This project will encourage the public to visit these different outlook points, therefore providing a unique opportunity to enjoy the shoreline and the surrounding environment. REGULATION 3: Shoreline development by public entities, port districts, state agencies, and public utility districts shall include public access measures as part of each development project, unless such access is shown to be incompatible due to reasons of safety, security, or impact to the shoreline environment. Analysis: The proposed shoreline shelters will further increase the ability for the public to access the shoreline via the Rocky Reach Trail. 5.11 RECREATION POLICY 1: Recreational development should be given priority for shoreline location to the extent that the use facilitates the public s ability to access (visual and physical), enjoy, and use the water and shoreline in accordance with Section 4.6 Public Access. Analysis: The covered shelters and proposed bike racks will encourage more activity along the Rocky Reach Trail and Columbia River. This project will provide the public with a protected area to come and rest. POLICY 2: New recreational facilities should be located along the shoreline in a dispersed linear pattern that provides recreational access and aesthetic enjoyment of the shoreline for a substantial number of people consistent with the purpose of the specific shoreline environment designation and level of service standards in the comprehensive plans. Analysis: SP-2019-02 proposes covered shelters and bike racks that will be evenly dispersed along the north east portion of the Rocky Reach Trail. This will provide a substantial amount of people with the opportunity to enjoy the river and trail. POLICY 4: Recreational uses and development should provide for the preservation and enhancement of scenic views and vistas Analysis: The proposed shelters and bike racks will not degrade any of the scenic views or vistas. POLICY 7: Recreational uses and facilities should be designed and located to ensure no net loss of critical areas and shoreline ecological functions. Analysis: The proposed shoreline shelters will be located in such a manner so that they will not cause any further disturbance to the shoreline or surrounding Page 8

areas. The shelters will be located on existing concrete outlook points along the Rocky Reach Trail. POLICY 10: Where consistent with the provisions of this Program, development should specifically support opportunities to increase or enhance the following forms of recreation: boating, fishing, camping, hiking, bicycle riding, swimming and picnicking. Analysis: The addition of covered shelters and bike racks along certain areas of the Rocky Reach Trail will enhance the recreational experience for walkers, joggers, bicyclists, etc. REGULATION 1: Recreational development is a priority use of the shoreline. Preference is given to water-dependent uses such as fishing, swimming, and boating. Water-related and water-enjoyment uses such as picnicking, hiking, and walking are permitted provided they do not displace water-dependent uses and are consistent with the specific shoreline environment. Non-water-related recreation facilities and/or support facilities such as parking lots shall be located in upland areas. Analysis: The proposed project will not displace any other recreational opportunities, and is consistent with the goals and policies set forth in the Douglas County Shoreline Master Program. REGULATION 3: Commercial and public recreation areas or facilities on the shoreline shall provide public access (physical or visual) consistent with Section 4.6, Public Access. Analysis: The project will allow for more opportunities for both physical and visual access to the shoreline. REGULATION 6: Recreational facilities shall incorporate means to prevent erosion, control the amount of runoff and prevent harmful concentrations of chemicals and sediment from entering water bodies in accordance with the policies and regulations of Section 4.2, Water Quality. Analysis: The applicant has submitted a plan to address sediment erosion control. REGULATION 10: Within the natural environment designation, passive water oriented recreational development, such as primitive trails or primitive campsites is permitted subject to the following criteria: a) Substantial alterations to topography or native vegetation are prohibited; and; Page 9

Analysis: SP-2019-02 will not require substantial alterations to topography and will not cause any further disturbance to native vegetation. b) Any necessary landscaping or site restoration shall use native or similar self-maintaining vegetation. Analysis: there will be no restoration needed as the project will not cause any new disturbance. As conditioned, the proposal is consistent with this section. Consistency with WAC 173-27 and RCW 90.58: As conditioned below, the project appears consistent with the requirements and criteria of the Shoreline Management and Enforcement Procedures, and the Shoreline Management Act. VIII. RECOMMENDATION As conditioned below, this application does not appear to be detrimental to the general public health, safety or welfare and meets the basic intent and criteria associated with Title 18 and 19 of the Douglas County Code, the Douglas County Countywide Comprehensive Plan, the Greater East Wenatchee Area Comprehensive Plan and the Douglas County Regional Shoreline Master Program. Staff recommends approval of SP-2019-12, subject to the following suggested findings of fact and conditions: Suggested Findings of Fact: 1. The applicants are: Washington State Parks and Recreation Commission, 270 9th Street NE, Suite 200, East Wenatchee, WA 98802 2. General Description: An application for a shoreline substantial development permit to construct covered shelters and/ or bike racks at existing concrete outlook points along the Rocky Reach Trail in Douglas County WA. 3. The project will serve users of the Rocky Reach Trail. The covered shelters/ bike racks will be installed on the portion of the trail between Odabashian Bridge and Lincoln Rock State Park 4. The subject properties are located in the Residential Low Density (R-L), Commercial Agriculture 5 (AC-5) and Commercial Agriculture 10 (AC-10) zoning districts. 5. The Columbia River shoreline section of the subject properties is designated as natural by the Douglas County Regional Shoreline Master Program. 6. WAC 173-27-150 establishes minimum review criteria for Shoreline Management Substantial Development Permits. This criteria states that a substantial development permit shall be granted only when the development proposed is consistent with the policies and procedures of the Act; the provisions of this regulation; and the applicable master program adopted or approved for the area. Page 10

7. The construction of the covered shelters and the bike racks will not have an impact on the aquatic environment. 8. Washington State Parks and Recreation Associate assumed Lead Agency role in this project. State Parks issued a categorical exemption for SEPA under WAC 197-11-800(2)(d)(ix) Other minor new construction. 9. Agency comments were received from the Colville Confederate Tribes (Attachment A). 10. No comments have been received from private citizens. 11. Surrounding property owners were given the opportunity to comment on the proposals, can request a copy of the decision, and can appeal the decision subject to the requirements outlined in DCC Title 14. 12. WAC 173-27-090 requires that construction must be commenced within 2 years of the effective date of the shoreline permit and that authorization for construction shall terminate 5 years after the effective date of the shoreline permit. 13. As conditioned, the development will not adversely affect the general public, health, safety and general welfare. Suggested Conclusions: 1. As conditioned, the development meets the goals, policies and implementation recommendations as set forth in the Douglas County Countywide Comprehensive Plan, Greater East Wenatchee Area Comprehensive Plan, and the Douglas County Regional Shoreline Master Program. 2. As conditioned, this proposal is consistent with applicable federal and state laws and regulations. 3. As proposed, and conditioned, potential impacts of the project can be mitigated. 4. Public interests will be served by approval of this proposal. 5. As conditioned, the proposal is consistent with Title 18 Zoning and Title 19 Environment of the Douglas County Code. Suggested Conditions of Approval: 1. The project shall proceed in substantial conformance with the plans and application materials on file submitted on date stamped February 05, 2019 except as amended by the conditions herein. 2. The applicant shall comply with all applicable local, state and federal regulations. 3. A copy of this permit and attached conditions shall be kept on-site and be provided to the contractor and all others working within the shoreline area at all times. The applicant, contractor, machinery operators and all others working within the shoreline area shall have read this permit and attached conditions and shall follow its conditions at all times. Page 11

4. The Douglas County Land Services Director shall have discretion to allow for project redesign consistent with the approvals granted by agencies; if the redesign can be found consistent with the Douglas County Code, the Shoreline Master Program, and the Shoreline Management Act. 5. Per the March 19, 2019 comment from the Colville Confederate Tribes (CCT) (See attachment A), the applicant must perform a pedestrian survey with shovel probes at all locations and submit a cultural resource survey report, except as modified by the CCT. 6. Construction of the project for which this permit has been granted must be commenced within two (2) years of the effective date of this permit. Authorization to conduct development activities granted by the permit shall terminate five (5) years from the filing date of the permit. 7. Applicant must obtain a building permit for the construction of the covered shelters. Respectfully Submitted, Tanner Ackley Associate Planner Attachments: Page 12

Attachment A