shoreline master program (smp) periodic review and update...• ensures the shoreline master program...
TRANSCRIPT
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Shoreline Master Program (SMP) Periodic Review and Update
December 8, 2020Planning Commission Workshop
Cayla Cothron, Associate Planner, and Keith Jones, Senior Planner, Community &
Economic Development Department
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• Prior Planning Commission & City Council Review• Periodic Review Process• Shorelines Background• Proposed Amendments for Draft Amended SMP• Next Steps
Presentation Overview
SMP Periodic Review – 2
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• July 14 Planning Commission workshop• August 3 City Council workshop
Planning Commission and City Council Review
SMP Periodic Review – 3
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What is a Periodic Review?
• State mandated by the Washington Shoreline Management Act (SMA)
• Review and revise, if needed, every eight years
• Narrower scope than the 2012 comprehensive update
SMP Periodic Review – 4
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What is a Periodic Review?
• Ensures the Shoreline Master Program (SMP) is:– Current with changes in state laws and rules– Consistent with other City of Vancouver plans and regulations– Responsive to changed circumstances, new information, and
improved data• City awarded a grant from the state to complete the process by
June 30, 2021
SMP Periodic Review – 5
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Process and Timeline
Periodic Review Kick-off• Establish the Public
Participation Plan• Launch periodic
review webpage• Initial public
notification
Staff Review and Analysis• Periodic Review
Checklist and identifying proposed amendments
• Public Open House
Draft Shoreline Master Program• SEPA Process• Planning Commission
Workshop and Public Hearing
• City Council Workshop and Public Hearing
WINTER 2019 SPRING – SUMMER 2 0 2 0 FALL 2020 – EARLY 2021
SMP Periodic Review – 6
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Public Outreach and Engagement
• Updates to the project email list• September 16 public open house • Stakeholder meetings• Joint state and local 30-day public comment period• Planning Commission and City Council public hearings
SMP Periodic Review – 7
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Stakeholder Feedback
• September 16 virtual public open house• Concerns were raised about enforcement of violations due to
unauthorized camping, and impacts to shorelines and water quality specifically around Burnt Bridge Creek
SMP Periodic Review – 8
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Stakeholder Feedback
• Project staff in coordination with Ecology have determined that these issues not within the purview of the periodic review planning process– Jurisdictions are constrained in addressing these activities in
the same way as other code enforcement issues– Water quality protection and improvement are addressed
through other city programs and efforts
SMP Periodic Review – 9
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Shoreline Master Program Overview
• A long range plan with goals and policies • A set of regulations governing shoreline
use and development• A framework for permit review and
approval, and enforcement
SMP Periodic Review – 10
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What activities/uses are regulated by the SMP?
• New or expanded structures, such as houses, sheds and decks;• Land development and alteration, such as clearing, grading,
dredging or filling; and• Other activities along the shorelines, including restoration (e.g.
riparian planting, bank stabilization), trail construction, and public access
SMP Periodic Review – 11
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Where does the SMP apply?
SMP Periodic Review – 12
Vancouver Shorelines of the State• Columbia River• Vancouver Lake• Burnt Bridge Creek• Fifth Plain Creek• Lacamas Creek
• Salmon Creek• Mill Creek• Curtin Creek• Lake River• Other waterbodies
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Where does the SMP apply?
SMP Periodic Review – 13
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Where does the SMP apply?
14
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Where does the SMP apply?
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West East
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Pause for Questions
Questions on periodic review process and timeline, outreach and engagement and stakeholder feedback received, or shorelines background?
SMP Periodic Review – 16
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Proposed Amendments Categories
State Legislative Amendments– Consistency with state law and rule
changesAdditional Amendments
– Consistency with city plans and regulations
– Locally-initiated amendments
SMP Periodic Review – 17
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State Legislative Amendments
• Revising cost thresholds• New shoreline permit exemption to comply with the Americans
with Disabilities Act• Clarifying process, definitions, and/or references to state law• Updates to wetlands regulations to align with Ecology’s most
recent critical areas guidance
SMP Periodic Review – 18
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Additional Amendments
• Amendments that came out of issues identified through implementation of the SMP, additional changes to state policies, or coordination with Ecology on the periodic review.
• Amendments to address three primary issues that emerged from ongoing coordination with the Port of Vancouver.
• Amendments brought forward to fix errors and address issues of clarity, consistency, redundant or inaccurate language and/or process, and relevancy of regulations.
SMP Periodic Review – 19
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Additional Amendments
• Expand sections of the SMP related to mitigation for adverse impacts to shallow-water habitat to include creation, enhancement, and/or payment of mitigation bank credits.
SMP Periodic Review – 20
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Additional Amendments
• Replace existing terms of “extreme edge or bank” with specific and defined terms clarify under what circumstances revetments can be located partially below the OHWM, that they are not considered fill, and when and how adverse impacts to shallow-water habitat require mitigation.
• Make substantive updates to wetlands regulations as identified in Ecology’s evaluation.
SMP Periodic Review – 21
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Additional Amendments
• Remove provisions from the frequently flooded areas section not required to be included in the SMP, and include a soft reference to the Title 20 critical areas regulations.
• Update Chapter 5A to be consistent with Title 20 Critical Areas Protection code updates since 2012, and amend for applicability in shoreline jurisdiction.
SMP Periodic Review – 22
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Additional Amendments
• For all other shorelines within city limits not included in the area along the Columbia River from Wintler Park to the Vancouver Flushing Channel, maintain the full extent of the 100-year floodplain in shoreline jurisdiction for conservancy designations, and apply minimum jurisdiction in high intensity and medium intensity designations to allow for reasonable use of land and development where intended.
SMP Periodic Review – 23
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Additional Amendments
24
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Additional Amendments
• Change structural shoreline stabilizations to a permitted use in high intensity designations to eliminate undue process on properties that already have developed shorelines.
• Allow a signage master plan or sign program to be developed through a Special Sign District Process in order to supersede SMP requirements, where appropriate.
SMP Periodic Review – 25
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Additional Amendments
• Clarify the relationship between critical areas regulations and their applicability in shoreline jurisdiction for ease of use by both applicants and planning officials.
• Only require mailings for exemptions that require a federal permit.
• Make height limitation 35’ for non-water-oriented commercial uses in medium and high intensity designations to be consistent with the allowance for other uses.
SMP Periodic Review – 26
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Additional Amendments
• Change non-water oriented institutional uses in high and medium intensity designations to a permitted use to reduce undue process while maintaining provisions that encourage water-oriented uses, where feasible. – Intended to address limitations for existing property owners
along Burnt Bridge Creek but distanced from the shoreline
SMP Periodic Review – 27
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Additional Amendments
• Include allowances for non-water-oriented commercial uses per state law to provide flexibility where appropriate or where water-oriented uses are not feasible. – This flexibility in state law is not
incorporated in the existing SMP
SMP Periodic Review – 28
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Additional Amendments
• Defer to the review and approval under federal requirements for disposal of dredging material and encourage environmentally sound beneficial uses, when feasible.
• Make amendments to address non-substantive items that will improve readability and usability for both applicants and planning officials.
SMP Periodic Review – 29
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Next Steps
SMP Periodic Review – 30
• January 4 City Council workshop• Initiate joint local and state 30-day public comment period in
early 2021• Planning Commission public hearing (scheduled February 9)• Ecology initial determination for draft amended SMP• City Council adoption process and Ecology final agency approval
anticipated spring 2021
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Questions and Discussion
• Cayla Cothron, CED, [email protected]• Keith Jones, CED, [email protected]/ced/page/smp-periodic-review
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