Planning Commission meeting 5/22/2012. Project Schedule Planning Commission’s Role Review Chapters 1 – 3 of Draft SMP Focus is on understanding

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


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 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.


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


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


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


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)


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


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.


Alternatives: Option A: Two

Tier/Two Zone Option B:

Min/Max Setback

Option C: Standard setback


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


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


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


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

Documents

Planning Commission meeting 5/22/2012. Project Schedule Planning Commission’s Role Review Chapters 1 – 3 of Draft SMP Focus is on understanding