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Shoreline Master Program Update: Planning Commission Meeting Overview (May 22, 2012)

During the Planning Commission meeting on May 22, 2012, key concepts and regulations concerning the Shoreline Master Program (SMP) were reviewed. The commission focused on Chapters 1-3, including the importance of public access, water-dependent uses, and ecological preservation. Participants were encouraged to listen, understand, and provide input on the draft SMP and upcoming schedule. Topics included environmental designations, vegetation conservation, and public access regulations, aimed at balancing development with environmental sustainability.

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Shoreline Master Program Update: Planning Commission Meeting Overview (May 22, 2012)

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  1. Planning Commission meeting 5/22/2012 Shoreline Master program update

  2. Project Schedule • Planning Commission’s Role • Review Chapters 1 – 3 of Draft SMP • Focus is on understanding key concepts and regulations • Questions purpose

  3. Listen • Understand • Ask questions • Make suggestions Pc role

  4. May: Chapter 1 – 3 • June: Chapter 4 • July: Chapter 5 • August: Chapters 6 and 7 • Important point: DOE review still underway Schedule

  5. 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 1: introduction

  6. What are environment designations? State standard system. Chapter 2: environment designations

  7. Chapter 2: environment designations

  8. Chapter 2: environment designations

  9. Chapter 2: environment designations

  10. Chapter 2: environment designations

  11. 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 2: environment designations

  12. 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

  13. 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

  14. 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

  15. 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

  16. 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

  17. 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

  18. 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

  19. Alternatives: • Option A: Two Tier/Two Zone • Option B: Min/Max Setback • Option C: Standard setback Chapter 3: general provisions

  20. 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

  21. 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

  22. 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

  23. 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 Chapter 3: general provisions

  24. Questions?

  25. Shoreline jurisdiction

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