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