SHORELINE MASTER PROGRAM UPDATE

Planning Commission meeting 5/22/2012

PURPOSE Project Schedule

Planning Commission’s Role

Review Chapters 1 – 3 of Draft SMP Focus is on understanding key concepts and

regulations

Questions

PC ROLE Listen

Understand

Ask questions

Make suggestions

SCHEDULE May: Chapter 1 – 3

June: Chapter 4

July: Chapter 5

August: Chapters 6 and 7

Important point: DOE review still underway

CHAPTER 1: INTRODUCTION SMA/SMP Purpose: (1) public access (2)

water-dependent uses (3) environment

Shoreline jurisdiction: 200 ft. + wetlands

Ecology approval required

No net loss of ecological functions

CHAPTER 2: ENVIRONMENT DESIGNATIONS What are environment designations?

State standard system.

CHAPTER 2: ENVIRONMENT DESIGNATIONS

State Designation

Types of Uses Allowed

Proposed Designations

Types of Uses Allowed Intensity

Less Intense

Aquatic Applies to area waterward of OHWM. Uses must be water-dependent, public access, or ecological restoration.

Aquatic Same as for State.

Urban Conservancy

Focus is on maintaining or restoring sensitive lands, wetland, etc.

Residential Bluff Conservancy

Focus on maintenance of bluff, plus permitting single-family residential in appropriate places

Conservancy Focus on protection and restoration of open space and sensitive lands. Recreational uses allowed.

Natural low intensity, recreation, restoration

N/A N/A

CHAPTER 2: ENVIRONMENT DESIGNATIONS

State Designation

Types of Uses Allowed

Proposed Designations

Types of Uses Allowed Intensity

Shoreline Residential

Residential, public access, recreation

Residential Single-family, recreation, public facilities.

Less Intense

Residential Bluff Conservancy

Focus on maintenance of bluff, plus permitting single-family residential in appropriate places

High intensity High intensity commercial, industrial, residential. Preference order: water-dependent, water-oriented, non-water-oriented.

Maritime High intensity, water-dependent, commercial and industrial uses.

Urban Mixed Use

High Intensity, water-oriented commercial and residential.

More Intense

CHAPTER 2: ENVIRONMENT DESIGNATIONS

CHAPTER 2: ENVIRONMENT DESIGNATIONS

CHAPTER 2: ENVIRONMENT DESIGNATIONS Key points:

Maritime: allows for industrial and commercial uses.

Allows for water-dependent industry (shipping, boat building, aquaculture, etc.)

Residential - Bluff Conservancy: appropriately sited development along bluff.

Generally more precise than existing designation

Planning Commission discussion?

CHAPTER 3: GENERAL PROVISIONS Applies to all areas w/i shoreline jurisdiction

Focus on key concepts: Public access Vegetation conservation Mitigation sequencing

Other sections: Econ. dev., archaeology, critical areas,

environmental impacts & mitigation, etc.

CHAPTER 3: GENERAL PROVISIONS Public access: context

Hot topic with Shoreline Advisory Committee

One of three main SMA goals Definition includes physical and visual

access Based on Public Trust Doctrine (PTD) Putting access in perspective: most of OH

shoreline already developed

CHAPTER 3: GENERAL PROVISIONS Public access: When is physical access

required? When development creates demand/need SFR and subdivisions of four lots or less

excluded Public land or applicant is public agency Interference with existing access

CHAPTER 3: GENERAL PROVISIONS Public access: When is physical access

not required? Safety hazards Security of the use Disproportionate cost Environmental harm Land use conflict w/ access (industrial?)

CHAPTER 3: GENERAL PROVISIONS Public access: Other key provisions

(physical) Adjacency to Waterfront Trail (regs. 3 & 8,

pg. 31 & 32) Fee in lieu (reg. 6, pg. 32) Width: 12 ft. (reg. 18, pg. 33) Design: (reg. 19, pg. 33)

CHAPTER 3: GENERAL PROVISIONS Public access: Key provisions (visual)

Views from public areas can be protected (reg. 20, pg. 33)

View study (reg. 21, pg. 33) Reqs. of view study (reg. 22, pg. 33) View mitigations (reg. 23, pg. 34)

Central point: balance private property rights with public interest. Committee struggled here.

Misconception: Either the view or the building

CHAPTER 3: GENERAL PROVISIONS Vegetation Conservation: context

Science: human and environmental benefits

Guidelines: conservation required. Prove no net loss.

Requirements: Based on Ecology experience and science on buffer width.

Ecology: prefer buffer and setback system. Buffers – 30 feet in urban setting.

CHAPTER 3: GENERAL PROVISIONS Alternatives:

Option A: Two Tier/Two Zone

Option B: Min/Max Setback

Option C: Standard setback

CHAPTER 3: GENERAL PROVISIONS Vegetation Conservation: Key

Provisions Zone 1: VMZ (buffer) – 0 - 30 feet wide (pg.

38 – 39) Priority area for replacement and mitigation Existing non-native vegetation can be

maintained, not expanded Pervious pathway 6 feet wide Waterfront Trail improvements 80% native vegetation required

CHAPTER 3: GENERAL PROVISIONS Vegetation Conservation: Key

Provisions Zone 2: setback – 30 - 50 ft (pg. 39)

New non-native allowed Impervious limited to 20% Water-oriented uses allowed (patios, decks,

gazebos, boathouses, hot tubs) Pervious pathway 6 feet wide 60% native vegetation required

CHAPTER 3: GENERAL PROVISIONS Vegetation Conservation: (pg. 39-40)

Regulations triggered by new development exceeding 60% of assessed value

Shoreline landscape plan required Requirement for plan may be waived if Zone 1 =80%

native vegetation, Zone 2 = 60% native vegetation Tree removal: significant trees – Zone 1 – 3:1,

Zone 2 – 2:1, elsewhere 1:1

CHAPTER 3: GENERAL PROVISIONS Environmental Impacts and Mitigation (pg.

27) Mitigation sequencing

Avoid – don’t impact if you don’t have to Minimize – avoid where possible Rectify – rehabilitate impacted area Reduce or eliminate – preserve or maintain over

time Compensation –replace function somewhere else Monitoring – measure and take corrective

measures

QUESTIONS?

SHORELINE JURISDICTION