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HomeMy WebLinkAbout08/12/98 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA AUGUST 12, 1998 CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business CALL TO ORDER: 5:30 P.M. A. Pledge Of Allegiance B. Invocation A. Minutes -August 5, 1998 CLAIMS/CHECK REGISTERS CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion, if separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. #AB98-177 / 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION - (Comments Limited to 3 Minutes) NEW BUSINESS A. Bid Award To Ace Paving Company Inc., For Bun/cell Street Improvements From Montgomery Avenue'to Pacific Avenue PUBLIC HEARING -6:00 P.M. OR LATER A. Resolution #2664, Regarding Recovery Of Fees For The Abatement Of The Property Located At 1745 N. Cambrian Ave. B. Resolution ¢2665, Regarding Recovery Of Fees For The Abatement Of The Property Located At 2304/2306 1 Street Ordinance (First Reading) Amending Ordinance #-4365 Proposal: Shoreline Master Program Amendment; Location: Oyster Bay Channel ¢AB98-178 ¢AB98-179 /~,~ ¢AB98-180 ¢~, O ¢AB98-181 ~.~ AGENDA BILL BREMERTON CITY COUNCIL !. SUBJ-ECT': MINUTES - AUGUST 5, 1998 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: August 12_ lqq8 City Qounci] David Farr. PremJd~nt Ahgust 6, 1998 2. ~I~: (co~ment on back if necessary) ENDoRsKMENT MAYOR INFOR_WLATION__ SUBMITTAL: 4. $~Y STATEMENT AND REOUiREMENT FOR COUNCIL ACTION: 8. RECOMNENDATION: 9. RESPONSIBLE OFFICIAL: ENFOR~ OFFICIAL: .EXPIRATION DATE: REVYEW DATE: PU/,LED TABLED COUNCIL DIRECTIVE: 10. NOTIC$ OF ACTION APPROVED .DISAPPROVED__ ..DATE: 2. ~CLEARANcE COM]~ENT$ :. 5..'~_.I~L~_A~ON NON-PASSAGE: BUDGETS, FACILITIES, EOU!PMENT OR OTHER RESOURCES: TaPE #1559 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES AUGUST 5, 1998 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4m Street, Bremerton, Washington, Wednesday August 5, 1998, at 5:30 P.M., with Council President David Farr presiding. Council members present were Jim Reed, Carlos Montgomery, Carol ^rends, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Councilmen Mike Shepherd was absent. Also present were City attorney Glenna Malanca and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Fart and invocation given by Pastor Jeff Chandler of Central KJtsap Presbyterian Church. President Farr made the following announcement: (1) The City Council held a Study Session prior to the Council meeting to discuss general Council business. (2) The City Council held a 20-minute Executive Session to discuss a personnel issue. (3) Immediately following the City Council meeting, the Council would hold a Study Session on "Sinclair Landing Update," and a 15-minute Executive Session to discuss "contract negotiations." (4) The City Council will hold a Retreat and 20 minute Executive Session on August 10, 1998, starting at 5:00 P.M., at the Gold Mountain Golf Course Banquet Room. The following topics will be discussed: (1) Group Photograph; (2) 20-Minute Executive Session to discuss "Labor Negotiations; (3) What Council Can Do to Become More Pro Active; (4) Presentation by Mayor Lynn Horton On Her Goals And Objectives For the City; and Broad Overview Of The 1999 Budget; (5) City Council's Discussion Relating To The 1999 budget President Farr thanked the members of the TV crew: Production Director Bob Neal, Josh Doehne, George Smith, Mike Peebles, and Jan Greenwood. President Farr announced Agenda Items 8A and 8C had been pulled off the Agenda. CONSENT AGENDA TAPE #1559 City Council Reg. Mtg. Minutes August 5, 1998 Page 2 of 6 A. Minutes - July 22, 1998 #AB98-171 B. Minutes - July 29, 1998 #AB98-172 C. Contract Award to Fire One, Inc. for Monitoring #AB98-173 and Maintenance of Dire Suppression Systems #0100 MISICIU(McConnelllMontgomery) Motion to approve the Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. #0131 M/SlClU(MontgomerylArends) On August 5, 1998, the Council does approve for payment those vouchers included and further described as follows: 222325 through 222507 in the amount of $524,361.40; and Regular Payroll for the period ending July 31, 1998, in the amount of $944,763.03. COUNCIL MEMBER REPORTS Mr, McConnell reminded everyone of the next Concert on the Boardwalk on Friday evening, August 7, 1998, 6:00 - 8:00 P.M. Mr. Law announced on September 6, 1998, 1:00 - 3:00 P.M., the Manette Community Church and he will co-sponsor a Candidate Form. Today he attended the commissioning of the USS Bridge, which was held in Seattle, and the City of Bremerton was well represented at that event. He noted the Reunion of crewmembers on the first USS Bridge was held in Bremerton. Roy Miller, a member of that crew chaired the Reunion event and they participated in the commissioning ceremony. He encouraged everyone to welcome the USS Bridge crewmembers and their families. Mr. Overson extended a "welcome' to the USS Bridge crew. He announced a new business would soon open in Bremerton - Your Cup Of Tea. Mrs. Arends reminded everyone that even though it is summertime the Bremerton School Board continues to hold School Board Meetings and their next meeting is August 6, 1998, 5:30 P.M., in the Bremerton School Distdct Office located on Marion Avenue. The School District has announced the first day of school is September 2, 1998. TAPE #1559 City Council Reg. Mtg. Minutes August 5, 1998 Page 3 of 6 Mr. Montqomery reported he and Mayor Horton attended the Westpark "National Night Out" celebration. The Bremerton Fire Department, Bremerton Police Department, and K-9 unit also participated in that event, which was well attended. He noted the good rapport the Bremerton Police Office assigned to Westpark has with their residents, particularly the children. MAYOR'S REPORT - Mayor Lynn Horton reported over the past two weeks she took a few days of vacation that were wedged in between two components of business, the first part was a visit to Chattanooga, Tennessee where she rode on electric buses that are prototypes of those ordered by Kitsap Transit that will be used as Shuttle Buses within the City of Bremerton. She was extremely impressed by the quality of the buses and how they were operated within the downtown corridor. She had a firsthand look at how the batteries are removed, recharged, and then reinstalled in a way that keeps the fleet of buses moving. Since eady 1990, the city of Chattanooga has undergone a metamorphous and many of the issues that they dealt with are similar to what Bremerton is dealing with, i.e., how to redevelop the community, what kind of components need to be included, etc. In her discussions with several community members and those involved with the redevelopment efforts, they emphasized the fact that the electric bus shuttle system has enabled and enhanced their redevelopment efforts. That community embraced the electric buses and would be very vocal if someone were to suggest that they be taken away. In that same City, they experienced a theatre renovation project and the construction of an aquarium. It was encouraging to her to see how well redevelopment efforts can improve the livability within a City. At the other end of her trip she attended a Transit Conference in Ottawa, Canada, where the participants had the opportunity to compare their transit systems to similar systems in other parts of the country. Mayor Horton reported she attended the USS Bridge Commissioning Ceremony, which was very impressive. Approximately 4,000 people attended that event and the post and pre-functions were very nice. She believes the USS Bridge will be a welcome addition to our community and she hopes they feel welcome too. President Farr reported in her absence the Kitsap Regional Coordinating Council held a retreat where 11 issues were identified that would result in various committees being formed and she may find that she was volunteered for such an assignment. PUBLIC RECOGNITION Brian Stallcup, Editor The Sun, expressed his concern over documentation relating to the Sinclair Landing Project being considered "confidential" by the City, the Commercial Group and the Sinclair Landing Association, at the Council's Executive Session immediately following the Study Session that was _5 TAPE #1559 City Council Reg. Mtg. Minutes August 5, 1998 Page 4 of 6 scheduled following the City Council meeting. He disagreed with the citing of RCW Chapter 42.30.110(d) Contract Negotiations as used by the City in its Public Meeting Notice. The only reference to the law in the City's denial to The Sun was to an "lntra-agency memorandum in which opinions are expressed. He challenged that it was not an intra-agency document and that the Opens Record Act makes specific reference to reports by consultants under RCW Chapter 42.17.260(e). The other points of denial were irrelevant because they did not cite specific law. The other issue is the announced 15-minute Executive Session, which was cited as RCW 42.30.110(d) Contract Negotiations. He reminded the Council that the only reasons for an Executive Session are personnel issues, labor negotiations, lawsuits, or sale or purchase of real property. He asked that the Executive Session be recorded and all documents reviewed in that session set aside so that a Judge of the Court could review that activity to determine if the City violated the Open Meetings law. Glenna Malanca, City Attorney, stated the first issue relating to the intra-agency memorandum is a conjunctive provision, i.e., it is communications where opinions are expressed. Just pdor to "intra-agencies memorandums, is the word "and," and she believes that it does apply. In regard to the Executive Session, it was her understanding that it would involve negotiations relating to the performance of a publicly bid contract and the items intended to be discussed are appropriate for an Executive Session and do not violate the Open Meeting law. she was not aware that the Executive Session would involve any documents. President Farr asked Ms. Malanca to comment on Mr. Stallcup's request to tape record the Executive Session. Ms. Malanca stated the City is not required to do so and recommended against it. President Farr stated he was aware of the controversy surrounding this issue and he, Mayor Horton and the City Attorney have taken steps to minimize the amount of material that would be presented and discussed in the Executive Session. It was only after counsel with City legal staff that Council will go into Executive Session. He personally is conscious of the public's need to see everything and have everything conducted in the open and in this particular case it is somewhat unique. He emphasized the Council is relying on its legal advice. Ms. Malanca stated the denial of the public documents was conditioned upon a promise on the City's part to contact the affected parties regarding the review of financial feasibility and see if they would be interested or in a position to voluntarily allow the release of that feasibility study. She emphasized it was not a blanket denial. She referenced the cities of Seattle and Spokane had both experienced the same kinds of problems on public/private partnership projects. The City is trying to balance its obligations verses public disclosure requirements. President Farr asked Ms. Malanca to research the issue of recording an Executive Session prior to commencement of the Executive Session. TAPE #1559 City Council Reg. Mtg. Minutes August 5, 1998 Page 5 of 6 Susan Brown acknowledged the receipt of a letter from Judy Johnson, Building Official, which explained how the City tracks notification to property owners to stop building on City property. Ms. Johnson's response explained that for the past three years that information has been tracked electronically. Regarding the Ethics Commission, she received telephone calls in response to questions that she had raised to Mayor Horton and Ms. Malanca and thanked them for their responding to her personally. Rob Schneidler, KPS Health Plan, referenced a newspaper article where it described a policeman being trapped in an uncomfortable situation. He felt it was unfortunate that the news media felt that situation had to be made a joke. He commended the Police and Fire Departments in their responding to community needs and emergency situations. 8B -APPOINTMENT OF SHAWLEE LEE TO THE BREMERTON HOUSING AUTHORITY BOARD OF COMMISSIONERS, #AB98-175 There is a vacancy on the Bremerton Housing Authority Commissioners. It is recommended that ShawLee Lee fill the vacancy. Board of Mayor Lynn Horton explained she was introduced to Ms. Lee through Reverend Cleveland Williams of the Ebenezer A.M.E. Church. She briefly reviewed Ms. Lee's employment history, community involvement that included outreach ministries at places like Ridgemont Terrace Convalescent Center; and the fact she has a good grasp and understanding of the housing needs of Iow income individuals. Mayor Horton was also impressed with her organizational skills exhibits in her various activities. She believes that she will be an excellent addition to the Housing Authority Board-and urged Council to confirm her appointment. Ms. Lee was not able to be present at the Council meeting. Public comment - none. Mr. Mont.qomery asked Bremerton Housing Authority Commissioner Art Morken Jr., to give a brief description of the duties of a Commissioner. Art Morken Jr. stated the Commissioners set policy and coordinate development of facilities, such as the new projects that are being worked on in conjunction with Mayor Horton. They handle training of individuals for "right to work." He emphasized the fact that they hold several meetings per month and individually work on various projects. The Commissioners are given extensive training as to how they should work as a Commissioner. Mr. Montgomery stated he attends the Housing Authority meetings and was impressed with the expertise exhibited by the Commissioners. He believes it is important that the individual taking on that responsibility have some background in that particular field. TAPE #1559 City Council Reg. Mtg. Minutes August 5, 1998 Page 6 of 6 #0953 MISIC(ArendsiOverson) Motion to confirm the appointment of ShawLee Lee to the Bremerton Housing Authority Board of Commissioners. Vote on motion: Motion carried. In Favor: Reed, Arends, Farr, Overson, Law, McConnell, Olsen Abstain: Montgomery With no further business meeting adjourned at 6:08 P.M. PAULA JOHNSTON, Deputy City Clerk DAVID FARR, City Council President City of Bremerton P J/DF/me C: Normal Distribution FileNault AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: BURWELL STREET IMPROVEMENTS FROM MONTGOMERY AVENUE TO TO PACIFIC AVENUE - BID AWARD f 2. CLEARA~C~S:/(Comment on back if necessary) 3. EXHIBITS: Direc~Qr~/tilitiesto~ 1. Location Map ? 1Jurc'~asin~g,~p ervis or FOR AGENDA OF: August 12, 1998 ORIGINATING DEPT: Public Works & Utils ORIGINATOR: Witt, City Eng.~~ q~ R. DATE SUBMITTED: August 3, 1998 xx (To Committee on August 11, 1998) Council Fiscal & Budget Committee Council Operations Committee (To Committee on August 12, 1998) ENDORSEMENt[ INFORMATION [, APPROVED BY COU~,~IL P~S{I, DEq~OR SUBMITTAL: COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: Bids were opened for the Burwell Street Improvements Project on August 3, 1998. This is the first phase of construction on the SR304 Transportation Improvement Project. One bid for this project was received. Ace Paving Co., Inc., was the lowest (only) responsive bidder with a bid of $1,194,509.90. The engineer's estimate for this project was $1,234,999.92. These street improvements will include an asphalt overlay, ornamental street lighting, concrete curbing, sidewalk and handicap ramps, signal modifications, intersection bulbouts and landscaping. The action before the City Council is approval of a contract with Ace Paving Co., Inc. for the Burwell Street Improvements Project. 5. RECOMMENDATION: The City Council approve award of the Base Bid for $1,194,509.90 with Ace Paving Co., Inc., for the Burwell Street Improvements Project, and authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Pub Wks & Util EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED Il TABLED [l APPROVED [1 DISAPPROVED Il AMENDED 11 COUNCIL DIRECTIVE: hBqB-178 (OVER) 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 3. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION - Continuation 5. IMPACT ON NON-PASSAGE: Funding by the State and Federal agencies used for the design of this project will have to be returned. The project will not be built and existing traffic capacity safety issues will remain. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT AND OTHER RESOURCES: Staffing: 1500 staff hours for construction administration, inspection, and surveying. Budget: This project is included in the 1998 budget as part of the 1998 Arterial Street fund and sufficient funds exists to do this work with the additional funding the City will receive fi.om other funding sources. The City will be receiving funding fi.om the Federal Highway Administration and the State Transportation Improvement Board. Facilities/Equipment: No impact. 7. RESEARCH SOURCES: PROJECT LOCATION LOCATION ~AP AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing Resolution #~/,,~ z-/' , regarding recovery of fees for the abatement of the property located at 1745 N. Cambrian Avenue. FOR AGENDA OF: August 12, 1998 ORIGINATING DEPT.: Building Dept. ORIGINATOR: Judy Johnson ',~, DATE SUBMITTED: ·) ' 2. CLEARANCES: .(Comment on back if 3. necessary) Comm. Dev. Dir.: f(/'~ City Clerk: ~ City Attorney!~.~/~/tL-~_s~t<~,,.~ EXHIBITS: 1. Resolution # ,~ 2. Clerk Report 3. Photos ENDORSEMENT~ INFORMATION __APPROVED BY COUNCIL PR~'SIDENT/F~i~SU~MITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: ' On 5/5/98, the City removed garbage and debris from the property located at 1745 N. Cambrian Avenue, after the owner, Dixie L. Grace, failed to do so as ordered by the building official. The cost charged to the revolving abatement fund for this action totaled $1,314.30. Council must now decide if the fees are just and reasonable and how they should be collected. RECOMMENDATION: It is recommended that Council, by Resolution # ~(/~(_~_~, order that the fees incurred for the abatement of garbage and debris located at 1745 N. Cambrian Avenue be collected as reasonable abatement costs and become a lien against the property. 9: RESPONSIBLE OFHCIAL: Judy Johnson ENFORCEMENT OFFICIAL: Judy Johnson EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED DATE: 11. AGENDA BILL NO.: 9 ~" [ 7 ~ 2. CLEARANCE COMMENTS: J IMPACT OF NON-PASSAGE: The City would forfeit the costs incurred for this action. IMPACT ON STAFFING~ BUDGETS, FACll,ITIES, EQUIPMENT OR OTHER RESOURCES, The City's revolving abatement fund would suffer the deficit of not collecting these funds. e RESEARCH SOURCES: N/A RESOLUTION// A RESOLUTION reviewing charges for the abatement of the property at 1745 N. Cambrian and determining means of collection. WHEREAS, the City of Bremerton incurred costs for removal of garbage and debris from the property located at 1745 N. Cambrian Avenue; and WHEREAS, the Bremerton Municipal Code allows the City to recoup these costs either by personal judgment against the property owner or as a lien against the property; and WHEREAS, the City Council is charged with determining whether the fees are just, and how they should be collected; and has considered the report of charges filed by the Building Official and any protests or objection filed; and WIIEREAS, the Building Official of the City of Bremerton recommends the fees be collected as a lien against the property located at 1745 N. Cambrian Avenue, now, therefore, BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the abatement charges included in the report of the Building Official in the amount of $1,314.30 for the property located at 1745 N. Cambrian Avenue, Bremerton, attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its right to recapture abatement fees by filing a lien against the property. 19 PASSED, by the City Council of the City of Bremerton this day of DAVID FARR Council President CITY OF B~N · 239 4th Street · Bremerton, WA 98337 Memorandum DATE: July 24, 1998 TO: Paula Johnston, Deputy City Clerk FROM: Janet Luncefard, BDS 11 RE: Public Hearing, 1745 N. Cambrian Avenue CC: Judy Johnson On 5/5/98, the Street Departmem removed garbage and debris from the property located at 1745 N. Cambrian Avenue after the owner, Dixie L. Grace, failed to do so as ordered. The cost of the work, including $806.50 in administrative fees, totaled $1,314.30. I have enclosed a copy of the interfund transfer and have scheduled a public hearing for the August 12, 1998 city council meeting. · Celebrating 50 Years of Freedom CITY OF BREMERTON INTERFUND TRANSFER CITY D£PARTMENTS ONLY DATE 6/4/98 TRANSFEI:L# 5792 TO COMPLETE TH/S FORA/[ IN DUPLICATE AND RETURN TO ACCOUNTS PAYABLE Building Department PWO-STREET DIVISION FROM Abatements (1LEVENUE DEPARTMENT) (EXPENDITURE DEPARTMENT) DESCRIPTION TOTAL Charges per attached summai'y for: May 1998 LABOR EQUIPMENT MATERIALS SALES TAX TOTAL BLAB $892.88 $544.50 $300.35 $0.00 $1,737.73 ACCOUNT AMOUNT ACCOUNT 42-349.3900 $1,737.73 -~,~ ~-- (.a AMOUNT (Sign Here). EXPENDITURE DEPARTMENT SUPERVISOR · Work Order History 6/4/98 2:2I:21 PM CITY OF BREM]EP. TON PWO-STREET DMSION Work Order #: 8D980069 Project #: N4014280 Customer:. BLAB Work Type: AO Supervisor:. 0524 Lead Employee: 0051 Priority: 1 Location ID: 1 History #: 1 · Title: BLAB Clean up Trash 1745 N Cambrian Ancillary Operations Building Department ANCILLARY OPERATIONS Colen Corey Scott Corey Unspecified Location Unspecified Equipment Abatements Status: S Labor Hours Estimate: 0 Materials Estimate: $0 Equipment Estimate: $0 Date Entered: 5/1/98 Date Updated: 6/4/98 8:29:53 AM Date Targeted: 7/4/98 Date Azsigued: 5/I/98 Date Started: 5/5/98 Date Finished: 5/5/98 Work Description Must schedule wrecker to move white cadalac, remove all debris in back yard and on porch, must have Janet there and also Police officer. Require 10 yard and back hoe. Take before and after pictures. N~oms~ BLAB Clean up Trash 1745 N Cambrian No BLAB 0524' Colen Corey 4.00 hr $120.00 0512 Robert E. Tulp 3.00 hr $90.00 0051 Scott Corey 3.00 hr $90.00 3091 Int'l 12yd. Dump Truck 4.00 hr $104.00 DUMPIN Dump Fees - Oly. View Sanitary Landfill 10.00 yd $103.80 10.00 hr 0.00 hr $507.80 SUMMARY FOR WORKORDER: Labor: $300.00 Benefits: $0.00 Equipment: $104.00 Materials: $103.80 Sales Tax: $0.00 Total: $507.80 SD980069 Total.Regular Labor Hours: Total Overtime Labor Hours: Total Labor Hours: Total Regular Equipment Hours: Total Overtime Equipment Hours: Total Equipment Hours: 10.00 0.00 10.00 4.00 0.00 4.00 /7 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing Resolution #~ ~,5 , regarding recovery of fees for the abatement of the property located at 2304/2306 - 15th Street. FOR AGENDA OF: A. u~,ust 12. 1998 ORIGINATING DEPT.: Buiidin~ Dept. ORIGINATOR: Judy Johnson b~, DATE SUBMITTED: ~ 2. CLEARANCES: .(Comment on back ff 3. necessarYc)omm. Dev. Dir.:. City Clerk: ~,~~ ca ty Atto rne~~/_f~./~ / ENDORSEMENT/~ INFORMATIONw APPROVED BY COUNCIL PRESIDENT F~R ~UBMITTAL: EXHIBITS: I. Resolution # 2. Clerk Report 3. Photos 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: On 5/28/98, the City removed garbage, debris, furniture, appliances and auto parts from the property located at 2304/2306 - 15m Street, after the owner, Darrell Hatta, failed to do so as ordered by the building official. The cost charged to the revolving abatement fund for this action totaled $970.93. Council must now decide if the fees are just and reasonable and how they should be collected. RECOMMENDATION: It is recommended that Council, by Resolution # o~ ~x~-, order that the fees incurred for the abatement of garbage, debris, furniture, appliances and auto parts located at 2304/2306 - 15~ Street be collected as reasonable abatement costs and become a lien against the property. 9. RESPONSIBLE OFFICIAL: Judy Johnson ENFORCEMENT OFFICIAL: Judy Johnson EXPIRATION DATE: NJA REVIEW DATE: N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED DATE: 11. AGENDA BILL NO.: 9~ '-/~ & 2. CI,EARANCE COMMENTS: IMPACT OF NON-PASSAGE: The City would forfeit the costs incurred for this action. IMPACT ON STAFFING BUDGETS FACILITIES E U[PMENT OR OTHER RESOU_RCES: The City's revolving' abatement fund would suffer the deficit of not collecting these funds. RESEARCH SOURCES: N/A RESOLUTION A RESOLUTION reviewing charges for the abatement of the property at 2304/2306- 15th Street and determining means of collection. WHEREAS, the City of Bremerton incurred costs for removal of garbage, debris, furniture, appliances and auto parts from the property located at 2304/2306 - 15th Street; and WltEREAS, the Uniform Code for the Abatemem of Dangerous Buildings, as adopted by the Bremerton Municipal Code, allows the City to recoup these costs either by personal judgment against the property owner or as a lien against the property; and WHEREAS, the City Council is charged with determining whether the fees are just, and how they should be collected; and has considered the report of charges filed by the Building Official and any protests or objection filed; and WHEREAS, the Building Official of the City of Bremerton recommends the fees be collected as a lien against the property located at 2304/2306 - 15th Street, now, therefore, ~rthe BE IT RESOLVED, by the City Council of the City of Bremerton: I. That the abatemem charges included in the report of the Building Official in the amoum of $970.93 property located at 2304/2306 - 15th Street, Bremerton, attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its fight to recapture abatement fees by filing a lien against the property. PASSED, by the City Council of the City of Bremerton this 19 day of DAVID FARR Council President CITY OF BREMEgI'ON · 239 4th Street · Bremerton, WA 98337 Memorandum DATE: TO: FROM: RE: CC: July 24, 1998 Paula Johnston, Deputy City Clerk Janet Lunceford, BDS II Public Hearing, 2304~2306 - 15"~ Street Judy Johnson On 5/28/98, the SWeet Departmem removed garbage and debris from the property located at 2304 and 2306 - 15m Street after the owner, Darrell Hatta, failed to do so as ordered. The cost of the work totaled $970.93, per the attached interfund transfer and I have scheduled a public hearing for the August 12, 1998 city council meeting. · Celebrating 50 Years of Freedom · CITY OF BREMERTON INTERFUND TRANSFER CITY DEPARTMENTS ONLY DATE 5/t/98 TRANSFER~ 5792 TO COlV[PLETE THIS FORM IN DUPLICATE AND RETURN TO ACCOUNTS PAYABLE Building Department PWO-STREET DIVISION FROM Abatements (REVENUE DEPARTME~ (EXPENDITURE DEPARTMENT) DESCRIPTION TOTAL Charges per attached summary for: May 1998 BLAB LABOR $892.88 EQUIPMENT $544.50 MATERIALS $300.35 SALES TAX $0.00 TOTAL $1,737.73 ACCOUNT AMOUNT ACCOUNT AMOUNT 42-349.3900 $1,737.73 ,~-~c>~ ~/'. (.a 0 bq - ~ ~ [ I 9 17 7.72 (Sign Here ~--,'- REV ' UE~_~ARTMENT SSI. JP PERV~SOR (Sign Here) ¥ (ERV~S EXPENDITURE DEPARTMENT SUPERVISOR Work Order History 6/4/98 2:22:40 PM CITY OF BREMEKTON PWO-STREET DMSION Work Order #: SD980080 Project #: N4014280 Customer:. BLAB Work Type: AO Supervisor:. 0524 Lead Employee: 0051 Priority: 1 Location ID: 1 History #: 1 Ancillary Operations Building Department ANCII.!~ARY OPERATIONS Colen Corey Scott Corey Title: BLAB 2304 & 2306 15 th street clean up Abatements Unspecified Location Unspecified Equipment Work Description Status: S Labor Hour~ Estimate: 0 Materials Estimate: $0 Equipment Estimate: $0 Date Entered: 5/27/98 Date Updated: 6/4/98 8:29:53 AM Date Targeted: 7/4/98 Date As~igued: 5/27/98 Date Started: 5/28/98 Date Finished: 5/28/98 Clean up all debris in yard, beard up house, Janet will be there at 9:00 AM with police officer, do not perform any work until she is on site.Futher instructions will be given at job site. ~'17/98 $~81417 s~om~o BLAB-2304 & 2306 15th street clean up No BLAB 1595 Aaron Corey 3.50 hr $34.13 3025 '93 GMC 1-TON DUMP 3.50 hr $28.00 0524 Colen Corey 4.00 hr $120.00 3013 '92 GMC 1-TONP/U 1.00 hr $9.00 1712 John CoreyIV 5.00 hr $150.00 3069 '90 INT. 10 YARD DUMP TRUCK 5.00 hr $130.00 3039 '94 JD410BACKHOE 5.00 hr $160.00 1957 Adam Rogers 3.00 hr $29.25 3077 '95 3/4T FORD P/U 3.00 hr $24.00 DUMPIN Dump Fees - Oly. View Sanitary Landfill 10.00 yd $103.80 DUMPAP Dump appliances at Oly. View San. Landfill 1.00 in $15.00 16126 Kitsap Lumber - 1/2" CDX 4x8 1.00 in $77.75 0512 Robert E. Tulp 3.00 hr $90.00 18.50 hr 0.00 hr $970.93 SUMMARY FOR WORKORDER: Labor: $423.38 Benefits: $0.00 Equipment: $351.00 Materials: $196.55 Sales Tax: $0.00 Total: $970.93 SD980080 Total Regular Labor Hours: Total Overtime Labor Hours: Total Labor Hours: Total Regular Equipment Hours: Total Overtime Equipment Hours: Total Equipment Hours: 18.50 0.00 18.50 17.50 0.00 17.50 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: PUBLIC HEARING / AMENDING ORDINANCE ~t365 Proposal: Shoreline Master Program Amendment Location: Oyster Bay Channel FOR AGENDA OF: August 12, 1998 DEPT. OF ORIGIN: Economic & Comm. Dev. ORIGINATOR: Judy Johnson ~'~ ~ DATE SUBMITTED: August 6,1998 2. CLEARANCES: (Comment..~n back if 3..EXHIBITS: necessary) ~'~/~ ~, I - Proposed Ordinance DECD Dire~~/ ., II - Staff Report (with Attachments) City Atto r n e~,/. ,,/~/~.,~,~.~/~-c~.-~_~_,,-L__~ ENDORSEMENT X INFORMATION __ APPROVED BY COUNCI~--~PRESID~N'E. FOR SUBMITTAL: 4, SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Bremerton Shoreline Master Program (SMP) is developed under the authority of the Shoreline Management Act. The City develops the SMP, the Department of Ecology reviews and approves/denies the SMP, the State adopts the SMP as law, and both the City and State enforce it. The SMP goes into effect once the State adopts it. SUMMARY STATEMENT CONTINUED ON PAGE 2. 5. RECOMMENDATION: Pass Ordinance No. on first/second reading. 6. RESPONSIBLE OFFICIAL: Phil Berry ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Phil Berry PULLED TABLED COUNCIL DIRECTIVE: 7. NOTICE OF ACTION APPROVED DISAPPROVED AMENDI DATE: 8. AGENDA BILL NO.: SUMMARY STATEMENT (CONTINUED): In August 1997, the City Council found serious concems with the issue of permitting docks/piers within the channel between Ostrich and Oyster Bays. Therefore the Council passed Resolution No. 2621 instituting a moratorium on any dock/pier construction in the channel pending a review of the Shoreline Master Program. In May 1998 the Council passed Resolution No. 2650 extending the moratorium. The Planning Commission has completed its review of the pertinent portions of the SMP and has recommended that docks and piers be prohibited within the channel. This recommendation has been forwarded to the City Council. The Council must approve any requests for amendments to the SMP before it can be approved by the State. CLEARANCE COMMENTS: 10. IMPACT OF NON-PASSAGE: Docks and piers will continue to be allowed on Oyster Bay Channel on a case-by-case basis. 11. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: This project is an unfunded effort, which displaces work on other funded projects. 12. RESEARCH SOURCES: A. Chapter 90.58 RCW and Chapter 173-26 WAC. B. Washington State Department of Ecology - Shorelands Division Alice Schisel, Regional Representative (425-699-4309) C. U.S. Army Corps of Engineers - Permit Review and Enforcement Sections Christina Tong EXHIBIT I ORDINANCE No. AN ORDINANCE amending the City of Bremerton Shoreline Master Program, adopted by Ordinance 4365, to restrict docks and piers in the channel between Oyster Bay and Ostrich B ay. WHEREAS, the Bremerton Planning Commission conducted a public hearing on May 19, 1998 to consider amending regulation of docks and piers within the channel between Ostrich and Oyster Bay as directed in Bremerton Resolution No. 2650; and WHEREAS, the Bremerton Planning Commission has forwarded Resolution No. 98-01 recommending that the Shoreline Master Program be amended to prohibit docks and piers in the channel between Oyster and Ostrich Bays; and WHEREAS, the Bremerton City Council, after taking public testimony on the recommended changes to the Shoreline Master Program pursuant to SMP Chapter 7 G, concurs with the recommendation of the Planning Commission to prohibit docks and piers in the channel between Oyster and Ostrich Bays. THE CITY OF BRENIERTON DOES HEREBY ORDAIN: Section 1. Amendment. The Bremerton Shoreline Master Program, Table 3-1 Shoreline Use/Activity Matrix, is amended to include a footnote to the Piers and Docks Shoreline Use/Activity for the Residential Environment Designation to read as follows as depicted in Exhibit A: Piers and docks are prohibited in the channel between Ostrich Bay and Oyster Bay as depicted in Figure 3-5. Section 2. Amendment. The Bremerton Shoreline Master Program Chapter 3 F is amended to include a new subsection to read as follows as depicted in Exhibit A: Oyster Bay Channel Piers and docks shall be prohibited in the channel between Ostrich Bay and Oyster Bay as depicted in Figure 3-5. Section 3. Amendment. The Bremerton Shoreline Master Program Chapter 3 is amended to include a new Figure as follows as depicted in Exhibit A: Figure 3-5 Docks & Piers Prohibited (Map of Channel) Legend: PARCELS SUBJECT TO WATER ACCESS AND MOORAGE REGULATION 10 PROHIBrrlNG DOCKS AND PIERS IN THE CHANNEL BETWEEN OSTRICH BAY AND OYSTER BAY. Section 4. Amendment. SIMP SHORF, I,INE USE POLICIES AND REGULATIONS, WATER. ACCESS AND MOORAGE, REGULATIONS, 10 is amended to read as follows, as depicted in Exhibit A: Piers and Docks 10. Prohibited: Piers and floating docks shall be prohibited where navigation may be impaired significantly at entrances to bays, channels, or coves. Piers and floating docks are prohibited in the channel between Ostrich Bay and Oyster Bay, as depicted in Figure 3-5. Section 4. the State Departmem of Ecology in accordance with RCW 90.58.120. APPROVED by the City Council of the City of Bremerton this , 1998. PASSED by the City Council of the City of Bremerton this , 1998. Effective Date. This ordinance shall take effect upon final approval by day of day of APPROVED this DAVID D. FARR, Council President day of ,1998 LYNN HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk Departmem of Ecology Approval, Effective Date: SMP Am.nd Ordinance 2 EXHIBIT A TABLE 3-1 SHORELINE USE/ACTIVITY MATRIX (Page 2 of 3) ENVIRONMENT DESIGNATION CN RS CM ID DU DM KL K'W ~ TM SHORELINE USE/ACTIVITY t ROADS. RAILWAYS AND f BRIDGES CU CU P P P P CU CU CU SOLID WASTE DISPOSAL X X X X X X X X i X UTILITIES CU P P P P P CU CU CU WATER ACCESS AND MOORAGE: - Boat Launch Ramps CU CU P P P P CU X CU - Madne Railways CU CU CU P P P CU X CU -Moodng Buoys P P P P NA P P NA P - Piers & Docks CU P~ P P P P CU CU CU - Recreational Floats CU P P P NA P CU NA P SHORE MODIFICATION BEACH ENHANCEMENT CU CU CU CU CU CU CU CU CU BREAKWATERS. JETTIES, ROCK WEIRS, GROINS CU CU CU CU NA CU X NA X BULKHEADS, SEAWALLS CU P P P P P CU X CU CLEARING CU P P P P NA NA CU NA DREDGING CU~ CU CU CU NA P . CU X CU GRADING & DRAINAGE P P P P P NA NA CU CU FLOOD MANAGEMENT S S S S S S S S S LANDFILL: - Landward of OHWM CU P P P P NA NA X NA - Waterward of OHWM X CU3 CU3 CU3 NA CU3 CU3 X X REVETMENTS CU P P P P P CU CU CU P = PERMITTED · X= PROHIBITED · A=ASAPPLICABLE ' NA= NOT APPLICABLE CUP = PERMITTED SUBJECT TO OBTAINING SHORELINE CONDITIONAL USE PERMIT (CUP) SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 -21 KEY REQUIREMENT P Use/Activity is permitted in the Environment, subject to regulatory controls in appropriate Use/Activity section. CU Use/Activity is permitted in the Environment, subject to obtaining a Shorelines Conditional Use Permit (CUP). X Use/Activity is prohibited in the Environment A As applicable. NA Use/Activity is not applicable to the Environment 1 See Commercial Development Policies and Regulations for list of specific commemial uses permitted (Chapter 4). 2 Permitted for "public" purposes only. 3 Permitted for water-dependent and public uses only. 4 Permitted for water-dependent and water-related uses only. 5 Permitted for water-dependent uses only. 6 Does not include residential uses in marinas. 7 See Environment-Specif~= Regulations (Chapter 3). 8 See General Requirements (Chapter 4). _9 Piers and docks are prohibited in the channel between Ostrich Bay and Oyster Bay es depicted in FiRure 3-5. 3_3 SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3- 22 Oyster Bay Channel Piers and docks are prohibited in the channel between Ostrich Bay and Oyster Bay as depicted in Figure 3-5. Development Standards The matdx and illustrations which follow outline Master Program development standards for vadous Environment and Natural System designations. These figures are intended to supplement the Use/Activity requirements in subsequent chapters. Table 3-2 Site Development Standards The Site Development Standards matrix (Table 3-2) summarizes development standards for structures located within each environment designation. The intent of these requirements is to provide limited view protection for nearby public and pdvate areas and to help protect the shoreline environment. (See also: View Protection requirements, Chapter 4.) Figure 3-3 View Corridor Examples Figure 3-3 shows a "bird's eye" view of the Figure 3-3 View Corridor requirements as applied to lots that are 40 - 90 feet wide. Figure 3-4 View Corridor/Height Requirements Figure 3-4 gives a cross-section example of the Figure 3-3 View Corddor and Height requirements as applied to lots varying from 40 to 90 feet in width. (The maximum heights correspond with Bremerton Zoning Ordinance height limits for structures in the SF-I, SF-2 and SF-3 zones.) SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 25 FIGURE 3-5 DOCKS & PIERS PROHIBITED OSTRICH BAY 0 YS TER BAY PARCELS SUBJECT TO WATER ACCESS AND MOORAGE REGULATION 10 PROHIBITING DOCKS AND PIERS IN THE CHANNEL BETWEEN OSTRICH BAY AND OYSTER BAY. SCALE: 1'= 500' SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3- 31 Pre-existing Residential Lots: For residential lots existing at the time this program is adopted (2/2/92): No more than one (1) pdvate, noncommercial single-use dock is permitted per platted shoreline lot or unplatted shoreline tract owned for residential or recreational purposes. Multifamily/Commercial Developments: Multi-family residences, hotels, motels, and other commercial developments proposing to provide moorage facilities shall construct a single, joint-use moorage facility: PROVIDED, that the City may authorize more than one joint use moorage facility if a single facility would be inappropriate or undesirable given the specific conditions of the site. Commercial/Industrial Developments: Permits for docks or piers serving single commercial or industrial enterprises shall not be granted unless it is determined that adjacent commercial and/or industrial enterprises are not willing to cooperatively develop a joint-use facility. Maintenance: Proposals for joint-use community piers and docks shall demonstrate and document that adequate maintenance of the structure and the associated upland area will be provided by identified responsible parties. Piers and Docks 10. Prohibited: Piers and floating docks shall be prohibited where navigation may be impaired significantly at entrances to bays, channels, or coves. Piers and docks are prohibited in the channel between Ostrich Bay and Oyster Bay, as depicted in Fi,qure 3- 5. 11. Location: Piers and docks shall project the minimum distance necessary to service the appurtenant vessels and shall not create a hazard to navigation. 12. Inside Harbor Areas: When State harbor lines have been designated, piers and docks shall be located shoreward of the outer harbor line. 13. Outside Harbor Areas: Where State harbor lines do not apply, piers and docks shall project the minimum distance necessary to service the appurtenant vessels and shall not create a hazard to navigation. 14. Size: ao Length: Maximum length of a residential pier or dock shall be the minimum necessary to accomplish moorage for the intendedboating uses, and shall be only so long as to obtain a depth of five (5) feet of water as measured at Mean Low Water (MLW) in marine shorelines or as measured at Ordinary High Water (OHWM) in fresh water shorelines. bo Height: Dock shall not exceed three (3) feet in height above OHWM on the landward side, and shall extend above the water surface no more than two (2) feet at all other locations. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 31 EXHIBIT II CITY OF BREMERTON DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT STAFF REPORT PREPARED BY: Kay Wilson, Senior Planner A. Applicant: B. Application: C. Location: D. Attachments: I. SUMMARY City of Bremerton Department of Economic and Community Development 286 Fourth Street Bremerton, WA 98337 Shoreline Master Program Amendment - To revise specific sections of the Bremerton Shoreline Master Program to prohibit docks and piers in the channel between Ostdch and Oyster Bays. Channel between Oyster and Ostrich Bays A -- Planning Commission Resolution #98-01(5/27/98) B - Planning Commission Meeting Minutes (5/19/98) C - Planning Commission Special Study Session Minutes (5/12/98) D -- SEPA DNS E - SEPA Environmental Checklist F -- Moratorium Resolution #2621 (1) and #2650 (2) G -- Aedal Photograph of Channel H -- Channel Dimensions/Depths I -- Correspondence from Depar~ments/AgenciesFFribes (4) J - Public Correspondence (2) I1. BACKGROUND INFORMATION A. Project Description' Four specific amendments are proposed to prohibit docks and piers in the channel between Oyster Bay and Ostrich Bay (also referred to herein as '1he channel"): SL98-0003 Page I of 8 CITY OF BREMERTON -* DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT · Revise Table 3-1 (SMP pp. 3-21 - 3-22): Add new footnote #"9" - "Piers and docks are prohibited in the entrance channel to Oyster Bay as depicted in Figure 3-5." Revise Chapter 3, Section F. Environment-Specific Requlations (SMP pg. 3-25): Add new section: "Oyster Bay Channel" - "Piers and docks are prohibited in the entrance channel to Oyster Bay as depicted in Figure 3-5." Add new Fi.qure 3-5 (SMP pg. 3-31): Map depicting - "Parcels subject to Resolution No. 98-01 regarding the development of docks and piers within the channel between Ostdch Bay and Oyster Bay." Revise "Water Access and Mooraqe / Piers and Docks", Regulation #10 (SMP pg. 5-31): Add new sentence 2 (underlined for emphasis) - "Prohibited: Piers and floating docks shall be prohibited where navigation may be impaired significantly at entrances to bays, channels, or coves. No piers or floatinq docks will be permitted in the channel between Ostrich and Oyster Bays. The effect of these amendments will be to prohibit all docks and piers within the channel, regardless of cost.~ B. Existing Conditions: There currently is one pier, approximately 38 feet long, within the channel. This pier was previously determined to be exempt from the Substantial Development Permit requirements, because the value was less than $2,500.00. (WAC 173-14-040) There is one other pier in the channel, which has been there for quite some time. It is not known when this pier was installed. There are other minor projections extending waterward from the high water mark, including rails, concrete, and vadous wood projections. C. Project History: Over the last few years, there have been three applications for piers/docks in the channel between Oyster and Ostdch Bays. Hoitz: Application was approved in March 1996 by then Director Pratt. This decision was appealed and subsequently overturned in June 1996 by the Planning ~ Under the Shoreline Management Act, certain types of "development' are categorically excluded from being considered "substantial developments" and therefore these activities are referred to as being 'exempt" from the substantial development permit requirements. An 'exemption" from the substantial development provisions of the SMA means that an activity must still be carded out in compliance with the Act and the local master program; it is exempt only from the substantial development permit review requirements. The construction of a dock in salt waters is not considered "substantial development' if the fair market value of the dock does not exceed $2,500, but it is still considered "development" that must comply with the master program. Therefore, even a dock valued below $2,500 will be prohibited in the channel if the amendment is approved. (WAC 173-27-030 (7)) SL98-0003 Page 2 of 8 CITY OF BREMERTON DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Eo Fo Commission, and in September 1996 by the City Council. The project was never built. Targett: Application was denied in February 1998 by then Acting Director Johnson. This decision was appealed to the State Shorelines Headngs Board, which remanded it back to await a headng on SEPA appeals filed. The application was subsequently withdrawn. Therefore, pending SEPA appeals became moot, and no headngs were scheduled. · Reed: Application was withdrawn, and applicant was issued a full refund. There have been a number of complaints and appeals filed on every action taken in the channel. The reason for requesting specific changes to the Shoreline Master Program is to eliminate any confusion regarding the development of piers and docks in the channel. Comprehensive Plan Map Designation (Surrounding Uplands: · Low Density Residential (LDR): 3 to 8 dwelling units per acre Zoning Map Designation (Surrounding Uplands): · Single Family Residential, 1-3 DU/acre (SF-1) · Single Family Residential, 3-8 DU/acre (SF-3) Shoreline Master Program (SMP): Environment Designation Map: The shoreline along the channel between Oyster Bay and Ostrich Bay is designated: Urban Residential Environment R-2 - Ost#ch Bay-West / Oyster Bay-West Shoreline Use/Activity Matrix (Table 3-1): Piers and Docks are a permitted use/activity within the Urban Residential environment designation. Regulations: Piers and docks are regulated by the Water Access and Moorage section of Chapter 5 (Pp. 5-31 - 32). Regulation #10 states: Piers and floating docks shall be prohibited where navigation may be impaired significantly at entrances to bays, channels, or coves." State Environmental Policy Act (SEPA) Environmental Review: Two Environmental Checklists were prepared, one for the original 1997 proposal, and one for the revised 1998 proposal: · For 1997 Proposal - SEP97-0033 Environmental Checklist: -Determination of Non-Significance (DNS) issued 12/11/97. - DNS was appealed and subsequently withdrawn by one of the appellants. · For 1998 Revised Proposal - SEP98-0019 Environmental Checklist: - DNS issued: 5/07/98. .7? SL98-0003 Page 3 of 8 -- CITY OF BREMERTON - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT - Comment pedod ended/DNS final: 5/22/98 Public Notice: Public Notice for shoreline master program amendments must comply with requirements of the Bremerton Municipal Code2, the Bremerton Shoreline Master Program3, and the Washington State Administrative Code.4 · Determination of Completeness issued: N/A · Notice of 9/16/97 Planning Commission Public Meeting published: 9/05/97 Notice of Application published: 11/05/97 · Comment Period ended: 11/14/97 · Notice of 10/21/97 Planning Commission Public Headng published: 10/11/97 · Notice of 12/23/97 City Council Public Headng published: 12/17/97 & 12/24/97 · Notice of 5/12/98 Planning Commission Study Session published: 5/02/98 · Notice of 5/19/98 Planning Commission Public Hearing published: 5/09198 · Notice of 8/12/98 City Council Public Headng published: 7/30/98; mailed: 7/28/98 Comments Received: The proposal was circulated to agencies with jurisdiction for review. The following comments were received (See Attachment "1" for complete letters): Washington Department of Community, Trade and Economic Development (06/18/1998): The proposed amendment to prohibit piers and docks in the entrance channel to Oyster Bay does not appear to be inconsistent with your adopted comprehensive land use plan. It also does not appear inconsistent with the goals and requirements of the Growth Management Act. Therefore, we have no concerns with the proposed amendment. Suquamish Tdbe (06/29/1998): The channel between Ostrich and Oyster Bays is within the usual and accustomed fishing area of the Suquamish Tdbe. The Tdbe concurs with prohibiting docks and piers in this channel. Structures extending into the channel would significantly restrict access to treaty-reserved resources in Oyster Bay as well as adversely impact aquatic resources in shallow water habitats. Washington Department of Ecoloqy (07/16/1998): I've reviewed the proposed amendment to the City of Bremerton Shoreline Master Program and believe it appropriately accommodates the intended prohibition. However, for the sake of consistency, you might consi~ler changing the new sentence on page 3-6 to read as follows: "Piers and docks are prohibited in the channel between Ostrich and Oyster Bays as depicted in Figure 3-5". This would be more consistent with the language used in Regulation 10 on page 5-31. You might also add "as depicted in Figure 3-5" to the end of Regulation 10. BMC 21.02.895 Notice & BMC 21.04 Shoreline Development. SMP Chapter 7, Section C.3. Public Notice, page 7-5. WAC 173-2%110 Notice Required. SL98-0003 Page 4 of 8 CITY OF BREMERTON - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT II1. CRITERIA FOR APPROVAL An amendment of the Bremerton Shoreline Master Program must comply with requirements of the State Shoreline Management Act (SMA), the Bremerton Shoreline Master Program, and the Bremerton Municipal Code. Shoreline Management Act (SMA): The SMA requirements for amending shoreline master programs are included in WAC 173-26, Part II. Shoreline master Program Approval/Amendment- Draft Review: WAC 173-26-100 Local process for approving/amending shoreline master programs. Prior to submittal of a master program to the Department of Ecology (DOE), local government must solicit public and agency comment during the drafting of the proposal. The degree of public and agency involvement should be gauged according to the level of complexity, anticipated controversy, and range of issues covered in the draft proposal. Findinq: Complies. Before the proposal was developed, the Planning Commission held a fact-finding public meeting in September 1997 to solicit comments on the issues before developing the proposed amendment. Notices were sent to lists of interested persons and agencies developed dudng eadier controversies over docks and piers in the channel. Early and continuous consultation with DOE is encouraged during the drafting of new or amended master programs. Findinq: Complies. City staff consulted periodically with DOE on how to procede and what options should be considered. DOE responded by providing background matedal for consideration. For local governments planning under chapter 36.70A RCW (Growth Management Act), local citizen involvement strategies should be implemented that insure early and continuous public participation consistent with WAC 365-195-600. Findin,q: Complies. A citizen involvement strategy was designed that included the summer 1997 Planning Commission fact-finding meeting and Planning Commission and City Council public hearings to comply with the intent of the GMA. At a minimum, local government shall: 1. Conduct at least one public hearing to consider the draft proposal. Findinq: Complies. One Planning Commission and one City Council public headng were conducted in late 1997. After some procedural errors were discovered with the 1997 process, the proposal was again scheduled for public headng before the Planning Commission in May 1998, and the City Council in August 1998. SL98-0003 Page 5 of 8 CITY OF BREMERTON DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Publish notice of the hearing in one or more newspapers of general circulation in the area in which the hearing is to be held. The notice shall include: (a) Reference to the authority(s) under which the action(s) is proposed; (b) A statement or summary of the proposed changes to the master program; (c) The date, time, and location of the hearing, and the manner in which interested persons may present their views; and (d) Reference to the availability of the draft proposal for public inspection at the local government office or upon request. Finding: Complies. A Notice of Public Headng was published prior to each of the four public hearings on the proposal. The notice for the final City Council public headng contained all information required by this WAC. Consult with and solicit the comments of any persons, groups, federal, state, regional, or local agency, and tribes, having interests or responsibilities relating to the subject shorelines or any special expertise with respect to any environmental impact. The consultation process should include adjacent local governments with jurisdiction over common shorelines of the state. Finding: Complies. Meeting notices and notices of public headng were sent to a large "persons of interest" mailing list which included agencies with jurisdiction and the Suquamish Tdbe. No adjacent local government has common jurisdiction over the channel. Where amendments are proposed to a county or regional master program which has been adopted by cities or towns, the county shall coordinate with those jurisdictions and verify concurrence with or denial of the proposal. Finding: Not applicable to cities. Solicit comments on the draft proposal from the department prior to local approval. For local governments planning under the Growth Management Act (GMA), the local government shall notify both the department (DOE) and the department of community, trade, and economic development (CTED) of its intent to adopt shoreline policies or regulations, at least sixty days prior to final local approval, pursuant to RCW 36.70A. 106. Finding: Complies. City staff consulted periodically with the Department of Ecology dudng the development of the proposal. Three copies of the proposal were sent to the Department of Community, Trade, and Economic Development (CTED) more than 60 days pdor to final approval. CTED forwarded one copy to the Department of Ecology shortly thereafter.$ Per GMA rules, copies were sent to: Department of Natural Resources (DNR); and Puget Sound Water Quality Action Team (PSWQA). Copies were also offered to the following state departments, who chose not to review them: Health (DOH); Fish and Wildlife (DFW); Social and Health Services (SHS); Transportation (WSDO'I'); and Superintendent of Public InstrUction (OSPI). 5 Under RCW 36.70A.106, the 60-day review requirement applies only to the Department of Community, Trade, and Economic Development, but not to the Department of Ecology or any other agency. There is no authority in the Shoreline Management Act to impose a 60-day notice provision pdor to adoption or amendment of a' shoreline master program. SL98-0003 Page 6 of 8 - CITY OF: BREMERTON - DEPARTMENT OF: ECONOMIC AND COMMUNITY DEVELOPMENT 6. Comply with chapter 43.21C RCW, the State Environmental Policy Act (SEPA). Finding: Complies. Environmental Checklist # SEP98-0019was reviewed, and a DNS issued May 7, 1998. The comment pedod ended and the DNS became final on 5/22/98. 7. Approve the proposal. Findinq: Will comply upon approval of an adopting ordinance by the City Council. Bremerton Shoreline Master Program (SMP): The requirements for amending the SMP are listed in SMP Chapter 7, Section G. Updating Shoreline Master Program (Pp. 7-11 - 7-12). The SMP may be amended using the following process: The Planning Commission shall make recommendation to the City Council after holding at least one (1) public hearing on the proposed amendment(s). Findin.q: Complies. The Planning Commission held public headngs on the proposal in September 1997 and May 1998. They forwarded their recommendation to the City Council in Planning Commission Resolution No. 98- 01 (05/12/98). The City Council shall take action on the proposed amendment(s) after holding at least one (1) public hearing. Finding: Complies. The City Council held a public headng in December 1997, and is scheduled to take action on the proposed amendments after holding a second public headng on August 12, 1998. Bremerton Municipal Code (BMC): The Bremerton Municipal Code contains certain requirements for amending the Shoreline Master Program (BMC 21.02): Development Regulation Amendment I Criteria for Approval (OMC 21.02.925): The City Council may approve an amendment if the following questions can be answered "YES": 1, Is the proposed change consistent and compatible with the Comprehensive Plan? Finding: YES. Bremerton Comprehensive Plan Environmental Management Element Section 2 "Critical lands and Shorelines" contains goals and policies which are to be considered in revisions to the Shoreline Master Program. Relevant policies include: · F-5. Restrict or prohibit development that would interfere with the shoreline ecology or irretrievably damage shoreline resources. SL98-0003 Page 7 of 8 CITY OF BREMERTON - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT · F-6. Use the policies contained in the City's Shorefine master Program to protect Shorelines of Statewide Significance. In addition, all goals and policies of the Shoreline Master Program are now considered an element of the Comprehensive Plan under amendments to the Growth Management Act. (RCW36. 70A.480) Will the proposed change be consistent with all other provisions of the affected code and avoid conflicts with other codes? Findinq: YES. The proposal cladfies existing Water Access and Moorage Regulation 12 as it applies to the channel. IV. CONCLUSIONS The proposed shoreline master program amendment complies with the requirements of the State Shoreline Management Act, the Bremerton Shoreline Master Program, the Bremerton Municipal Code and the Bremerton Comprehensive Plan. The proposed amendment is necessary to cladfy Shoreline Master Program requirements regarding piers and docks in the channel between Oyster and Ostdch Bays. V. STAFF RECOMMENDATION Staff recommends that the City Council approve Ordinance No. ~ (attached to Agenda Bill), approving the amendments as recommended by the Planning Commission with one change: Revise the wording to be internally consistent as recommended by the Department of Ecology. Filename: SMP Amendments Piers & Docks SL98-0003 Page 8 of 8 ATTACHMENT A RESOLUTION # 98-ol A Planning Commission RESOLUTION amending certain sections of the Shoreline Management Progam, specific to the development of piers and docks within the channel between Oyster and Ostrich Bay'. WHEREAS, the City. of Bremerton has previously passed a Moratorium and an ex-tension of that moratorium: and, WHEREAS, the City of Bremerton has reviewed language in the Shoreline Master Progam and found a need to clarify language pertaining to this particular area: and. WHEREAS, the Bremenon Plamfing Conmfissio~k as directed, conducted a public meeting on May 19, 1998, during which it received oral and written comments pertaining to the areas subject to the moratorium; and, WHEREAS, carefi.d and deliberate consideration of all presented and available information relating to the moratorium issues of (1) navigational hazards, (2) Aesthetic Impacts, and (3) Environmental and Public Trust issues, has led to the conclusion that, these changes are just and necessary; and, WHEREAS, the unique topogaphic and sin=m.dar nature of the waterfront environment witkin the Oyster / Ostrich Bay Channel would benefit from these amendments. NOW, THERFORE, BE IT RESOLVED BY THE BREMERTON CITY PL,ANN h~G COM311SSION: Section 1. That Table 3-1, page 3-2 and 3-3 of the Shoreline Master Pro,am (SM:P), under the RS column, be corrected and amended w/th footnote 9 reading "piers and docks are prohibited in the entrance channel to Oyster Bay as depicted in Figure 3-5." Section 2. That a clarififing statement be added to item #10 under piers and docks, "No piers or floating docks will be permitted in the channel between Oyster and Ostrich Bays". Page 5-31 Section 3. this resolution. Bill Robinson, Chairman Addition of Table 3-5 designating the affected parcels subject to etary TABLE 3-1 SHORELINE USE/ACTIVITY MATRIX (Page 2 of 3) ENVIRONMENT DESIGNATION CN RS CM ID DU DM KL KW TB SHORELINE USE/ACTIVITY ROADS, RAILWAYS AND BRIDGES CU CU P P P P CU CU CU SOLID WASTE DISPOSAL X X X X X X X X X UTILITIES CU P P P P P CU CU CU WATER ACCESS AND MOORAGE: - Boat Launch Ramps CU CU P P P P CU X CU - Marine Railways CU CU CU P P P CU X CU - Mooring Buoys P P P P NA P P NA P - Piers & Docks CU pA P P P P CU CU CU - Recreational Floats CU P P P NA P CU NA P SHORE MODIFICATION BEACH ENHANCEMENT CU CU CU CU CU CU CU CU CU BREAKWATERS, JE'I-I'IES, ROCK WEIRS, GROINS CU CU CU CU NA CU X NA X BULKHEADS, SEAWALLS CU P P P P P CU X CU CLEARING CU P P P P NA NA CU NA DREDGING CU2 CU CU CU NA P CU X CU GRADING & DRAINAGE P P P P P NA NA CU CU FLOOD MANAGEMENT S S S S S S S S S LANDFILL: - Landward of OHWM CU P P P P NA NA X NA - Waterward of OHWM X CU3 CU3 CU'~ NA CU~ CU~ X X REVETMENTS CU P P P P P CU CU CU P = PERMITTED · X= PROHIBITED · A=AS APPLICABLE · NA= NOT APPLICABLE CUP = PERMITTED SUBJECT TO OBTAINING SHORELINE CONDITIONAL USE PERMIT (CUP) SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 2 Pre-existing Residential Lots: For residential lots existing at the time this program is adopted (2/2/92): No more than one (1) pdvate, noncommercial single-use dock is permitted per platted shoreline lot or unplatted shoreline tract owned for residential or recreational purposes. Multifamily/Commercial Developments: Multi-family residences, hotels, motels, and other commercial developments proposing to provide moorage facilities shall construct a single, joint-use moorage facility: PROVIDED, that the City may authorize more than one joint use moorage facility if a single facility would be inappropriate or undesirable given the specific conditions of the site. Commercial/Industrial Developments: Permits for docks or piers serving single commercial or industrial enterprises shall not be granted unless it is determined that adjacent commercial and/or industrial enterprises are not willing to cooperatively develop a joint-use facility. Maintenance: Proposals for joint-use community piers and docks shall demonstrate and document that adequate maintenance of the structure and the associated upland area will be provided by identified responsible parties. Piers and Docks 10. Prohibited: Piers and floating docks shall be prohibited where navigation may be impaired significantly at entrances to bays, channels, or coves. No piers or floatinq docks will be permitted in the channel between Ostdch and Oyster 11. 12. 13. 14. Bays. Location: Piers and docks shall project the minimum distance necessary to service the appurtenant vessels and shall not create a hazard to navigation. Inside Harbor Areas: When State harbor lines have been designated, piers and docks shall be located shoreward of the outer harbor line. Outside Harbor Areas: Where State harbor lines do not apply, piers and docks shall project the minimum distance necessary to service the appurtenant vessels and shall not create a hazard to navigation. Size: ao Length: Maximum length of a residential pier or dock shall be the minimum necessary to accomplish moorage for the intended boating uses, and shall be only so long as to obtain a depth of five (5) feet of water as measured at Mean Low Water (MLVV) in madne shorelines or as measured at Ordinary High Water (OHWM) in fresh water shorelines. Height: Dock shall not exceed three (3) feet in height above OHWM on the landward side, and shall extend above the water surface no more than two (2) feet at all other locations. SMP SHORELINE USE POLICIES AND REGULATIONS 5- 31 TABLE 3-1 SHORELINE USE/ACTIVITY MATRIX (Page 3 of 3) KEY i REQUIREMENT P Use/Activity is permitted in the Environment, subject to regulatory controls in appropriate Use/Activity section. CU Use./Activff7 is permitted in the Environment, subject to obtaining a Shorelines Conditional Use Permit (CUP). X Use/Activity is prohibited in the Environment. A As applicable, NA Use/Activity is not applicable to the Environment. 1 See Commercial Development Policies and Regulations for list of specific commercial uses permitted (Chapter 4). 2 Permitted for "public" purposes only. 3 Permitted for water-dependent and public uses only. 4 Permitted for water-dependent and water-related uses only. 5 Permitted for water-dependent uses only. 6 Does not include residential uses in madnas. 7 See Environment-Specific Regulations (Chapter 3). 8 See General Requirements (Chapter 4). _9 Piers and docks are prohibited in the entrance channel to Oyster Bay as depicted in Fiqure 3-5. SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3-3 F. ENVIRONMENT-SPECIFIC REGULATIONS Oyster Bay Channel Piers and docks are prohibited in the entrance channel to Ovster Bay as depicted in Fiqure 3-5. Development Standards The matdx and illustrations which follow outline Master Program development standards for vadous Environment and Natural System designations. These figures are intended to supplement the Use/Activity requirements in subsequent chapters. Table 3-2 Site Development Standards The Site Development Standards matrix (Table 3-2) summarizes development standards for structures located within each environment designation. The intent of these requirements is to provide limited view protection for nearby public and pdvate areas and to help protect the shoreline environment. (See also: View Protection requirements, Chapter 4.) Figure 3-3 View Corridor Examples Figure 3-3 shows a "bird's eye" view of the Figure 3-3 View Corridor requirements as applied to lots that are 40 - 90 feet wide. Figure 3-4 View Corridor/Height Requirements Figure 3-4 gives a cross-section example of the Figure 3-3 View Corridor and Height requirements as applied to lots varying from 40 to 90 feet in width. (The maximum heights correspond with Bremerton Zoning Ordinance height limits for structures in the SF-1, SF-2 and SF-3 zones.) SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3- 6 ATTACHMENT B "_~'rnft .~ [inutex tot, t ~crm,at Planning Commission ~lee.ting May 19, 1998 /. ('all to Order The meeting was called to order by Chairman Robinson at 6:00 /L Roll Call Those present were Chairman Robinson, Commissioners Adams, Stone, Dingfield, Boyd and Wolfe. A. I1 were present and quorum certified. III. Approval of the Agenda Motion was made by Commissioner Stone to approve the agenda as presented. Seconded by Commissioner Din~eld. Question called: Adams, yes; Stone, yes; Dingfield, yes; Boyd, yes; Wolfe, yes; Robinson, yes. Agenda approved. Public Hearing Proposed changes to the Shoreline Master Plan (SMP) to prohibit docks and piers in the Oyster Bay Channel. Staff Report was given by Ms. Judy Johnson, Acting Director of Community Development. This proposal is to change language in the Shoreline Master Plan to prohibit piers and docks in the Oyster Bay/Ostrich Bay channel. A brief history was given regarding the moratorium (#2620) which was enacted last .-Xugqast to prohibit piers and docks in the oyster bay channel. Staff processed a SEPA checklist and the city council acted on the proposal to change the SNIP before the SEPA comment period was over. Hence, in February, staffrepealed the ordinance changing the SNIP to prohibit piers and docks. Staff is now undertaking the process to change the SNiP for the second time. A couple of overhead pictures were shown, outlining the te~ changes in the Shoreline Master Plan and the parcels which would be affected by this change. Interpretation regarding what the entrance to the channel was discussed, and the figure depicting the parcels affected was presented to clarif, j which areas would be affected and would fall under the prohibition of piers and docks. There has been several discussions regarding the verbiage of what constitutes a hazard to navigation. Several phone calls to various departments had been made, with no clear definition ora hazard to navigation. It is staffs opinion that building docks and piers in the channel would pose a hazard to navigation, due to the cumulative affect that could occur. Additional information has been Planning Commission .[[eeting, .Way 19, 1998 Page l o fl ] 51 received recently (Exhibit 1: Memo from Suquamish), (Exhibit 14/olfe from l-{elen ~[iller), ?Exhibit 3: Memo to the Plamting Cornmissio~ers frorn Miller; and has been entered into the record. Sra.t-t'is not changing the environmenta/ designation. The changes are only the text changes for clarification purposes in the Shoreline Master Ptan. Commissioner Wolfe wanted dar/fication as to the f~.ct that there is no clear rule ,,*hat a hazard to navigation is, and that staffhas made the interpretation that docks and piers would cause a hazard to navigation. >Is. Johnson indicated that hazards can be a number ot'thinus. hazard. It' it is a hazard it is a Commissioner Wolfe wanted to know if any person contacted from the Coast Guard, .Army Corps of Engineers has suggested that piers and docks could be a hazard ro navigation? Ms. Johnson indicated yes. They have indicated that it could be a hazard, but if there aren't any boats in the water it may not be a hazard. Commissioner Dingfield wanted to know if Fire Chief Duke still felt that piers and docks were hazards. Ms. Johnson indicated yes. Commissioner Wolfe commented on the Suquamish Tribe letter which referenced that salmonoids and other species would be impacted. He ,,,,'anted to know if this was just an opinion of the tribe or if there was scientific evidence which supported this position. Ms. Johnson indicated that there was additional in.formation available which indicated that there could be damage to salmonoids and other species from D.O.E., and that information would be available. Commissioner Wolfe wanted to reiterate that there was additional scientific information available which justifies what the Suquamish Tribe is saying regarding the adverse impact to salmonoids. Ms. Johnson indicated that not comparing it to the Suquamish Tribe, there is information available which indicates an adverse impact to surface smelt and other marine organisms in the environment. Public Comments For Approval of the Changes Proposed to the Shoreline Master Plan Planning Commission .[[eeting, ,L/ay 19. 1998 Page 2 oJ'l I Mr. Field Ryan, 2727 Marine Drive. Commented on that there is a hazard to navigation for people walking on the beach, kavakers, and boat sr~eed. The atheistics should be considered also, something docks and piers would impair. Suzanne Holland read a prepared statement, regarding the history of the dock and r~ier issue, and the uniqueness of the channel due to its narrow travei way. The no wake buo,,'s suggested by some is not a viable alternative, and corfimefited on public fights ,,'erstls private fights to develop proper~y. Property ,,'flues and visual impacts were touched on. Gert Perrett passed out photos to the commissioners to ctearlv show the cumulative effect of'silting which would be accelerated due to construction of piers and docks in the channel. (The photos were returned upon conclusion of the public hearing) (See Exhibit 4) Skip Duke, resident of Rocky Point. Commented he is a frequent user of the channel. which he feels is unique. He is concerned Mth the precedent which will be set if docks and piers are allowed. If docks and piers are allowed, conceivably each property owner could build a dock or pier. He is concerned with the aesthetic impacts, saI~ety concerns. and environmental impacts. Paul Scheyer, 2111 Madrona Pt. Drive is in favor of the prohibition. He commented on the Chetan Case, and that recreational navigation should be defined. He touched on the exemption that Mr. Reed had from the Substantial Development Perm/t, but he is not exempt from the federal rules. It needs to be clarified that these types of permi'rs are still required, and he needed a building permit. He commented that Gig Harbor would be a good example of a cumulative effect that could happen to the channel should docks be allowed (i.e.: marina affect). Mrs. Helen Miller submitted a letter into the record (F_,xhibit .5) and hopes that the commission hasn't changed it's mind regarding the ban on piers and docks. Judy Duke wanted to present a letter into the record. (Exhibit 6). Public Comments Against the Changes Proposed to the Shoreline Master Plan Eric Samble, 2003 Madrona Pt. Dr, is concerned that by restricting in the channel and not allowing those property owners to build, who is to say that it will end there? Will the ban extend to other property? It ,,vas commented that docks are expensive and in reality most people will not be able to afford to construct one. He noted that Coast Guard regulations regulate the speed in that channel, and that docks will not go out any further than the floats. And commented that the channel was not as narrow' as it is being represented. Connie Tweedy, 1900 Madrona Pt Drive. Wanted to note that there are approximately 40 homeowners along the channel and it isn't any more unique than any other channel in the area. Studies should be done. There is a problem with speed in the channel, and Planning Commixxion .[.(¢eting. ,!,,ra.v 19. 1998 Page 3 oJ'l l perhaps docks and piers would reduce the speed of boats in the channei. She also noted that not everyone can afford to build a dock, perhaps oniv 1 out of every 4 homes would have a dock. Perhaps limiting prohibiting docks in the narrowest portions at'.'.he channe! and allowing them in the wider parts would be a better altemati,,'e. Public Testimony Closed. Judy Johnson spoke in regards to Connie Tweedy's recommendation for a compromise but stated that it was staffs opinion that the SM_P needed to be amended to prohibit docks and piers. She noted that overheads depicting the width of the channel at high and low tides were available for viewing, shouid the commissioners deem them necessa~' information for deliberation. She informed the commissioners that a draft: ordinance has been drawn up for their consideration. Commissioner Dingfield questioned if Doug Fortner, Assistant City. Attorney had any knowledge of the Chelan case that Mr. Paul Scheyer spoke to during the public testimony section of the meeting. He responded by indicating he had a broad knowledge of the case, but would need to review it before responding to any questions. Commissioner Wolfe indicated that he had done some research into the 1969 Chelan Case which states that certain activities along shorelines were contras, to the public interest and thusly comprehensive plans were developed. Is this issue contrary, to public interest? Commissioner Adams wanted to know if the Oyster Bay Channel was the narrow'est channel in Washin~on? Judy Johnson indicated that we believe it is one of the narrowest, but we don't have exact documentation to prove that is was the narrowest. Commissioner Wolfe wanted to rectarify that other agencies have given documentation indicating that there could be a negative adverse impact to wildlife and marine life. Judy Johnson indicated that DOE agents have indicated that conversations concerning like situations have been discussed, with professional opinions given, but a study to the channel in particular has not been conducted. And, in their professional opinion docks and piers would cause problems. Chairman Robinson wanted to state for the record that aiker deliberations, the commission will be making a defini'tive recommendation for city council action. The city council will be the final decision maker on this issue. Judy Johnson wanted to clarify that the city council's decision does not become final until the Department of Ecology accepts their decision.. Planning Commisxion ~1 leering, ~\4a.v 19, 1998 Page 4 of I 1 5~- Chairman Robinson asked Doug Fortner if the commission had indeed followed all applicabte procedures correctly regarding the meeting. 3Ir. Fortner did not find any ,Aotations. but asked that all documents which were in the planning commission packets and those which '.,,'ere distributed at the meeting, be iisred into the record. Commissioner Wolfe inquired as if there was an.~hing else to do to make sure that all legal procedures were followed. Mr. Fortner reiterated that he did not find any violations, but wanted all documents listed into the record, which were received at the meeting. Judy Johnson read into the record the documents presented to the Planning Commission: l. Letter from George Miller dated May 19th, 2 pages (Exhibit 5) 2. Letter from Skip and Judy Duke, (Exhibit 6) 3. Color Photos (returned to Geri Perrett), (Exhibit 4) 4. Letter from Nh-. & Mrs. Miller, May 15th, (E:chibit 3) 5. Letter from M,r. & Nh-s Miller, May 14th, (Exhibit 2) 6. Letter from Suquamish Tribe, May 18th, (Exh/bit I) Attachments to staff report: A. Map of affected area B. Copies of moratorium 2621 & 2650 C. Planning Commission resolution from October, t997 D. Minutes from Planning Commission meeting, Ocr. 1997. E. SEPA Checklist (SEP98-0019) F. DNS for SEP98-0019 G. Minutes from City Council Meeting H. Historical Data I. Letter from Fire Chief Duke J. Aerial Photos K. Proposed Changes to SM2P L. Timeline for Process Closed Deliberations Commissioner Wolfe commented that he was disappointed about the amount of time which has been consumed by this process. Was disappointed about the fact there was no clear answer about a navigational hazard. Commissioner Wolfe stated that he prefers to err on the side of public safety and protection. Commissioner Stone stated that he felt the clarification was necessary, and the root of the problems lies in the unique nature of the channel itself and the channel should remain undisturbed. Planning Commisxion .¥[eeting, ,~/av 19. 1998 Page 5 of l I ,55 Commissioner Boyd wanted to comment on the doctrine of public trust, the doctrine which allows the free use of all navigational waters to the public. Neighbors must be flee to walk the beach and children must be free to piny there. Speeding boaters in the channei were mentioned as well. Commissioner Dingfieid commented that the unique-ness' of the channel should be~ consideration and was particularly' interested in the navigational hazard discussion. I: has been frustrating for all involved to go through these hoops but this is a matter of sigTfificance to all to look at the public interest, and it is good to have had the amount o£ discussion we have had on this matter. Commissioner Adams noted that she will be voting to amend the SMP to eliminate piers and docks in the future. Safety is a real issue and environmental impacts should be pointed out. Navigation in the dark is a concern, these docks aren't illuminated. Chairman Robinson wanted to thank the people who at-tended and commented on :his issue. A motion was made by Commissioner Stone to approve the Shoreline blaster Plan amendments as outlined on page 4 of the staff report. Seconded by Commissioner Dingfield. The motion was further clarified by Commissioner Stone that the recommendation v,,'as to modify table 3-1 to add footnote 9 to the RS column of the environmental desig.nation to add the wording, "No piers or floating docks will be permitted in the channel between Oyster and Ostrich Bay" to item 10 on page 531 of the SNIP of the City of Bremerton. And to add footnote 9 to table 3-1 on page 3-1 of the SMP and to add figure 3-5 which is a map of the affected properties in the channel. Question Called: Adams, yes; Stone, yes; Dingfield, yes; Boyd, yes;; Wolfe, yes; Robinson, yes. Motion passes. The resolution regarding the amendment to the Shoreline Master Plan was passed out to the commissioners for their review. It was commented by Assistant City Attorney, Doug Fortner, that a motion should be made to approve the resolution and any changes that needed to be made should be done. Commissioner Dingfield expressed concern about the fact that the public had lePt. Mr. Fortner indicated that there shouldn't be a problem. But, that this resolution should be approved, which is the paper body of the motion which was just unanimously passed. Planning Commission ;~Ieeting, :Wa.v 19. 1998 Page 6 of l l Commissioner Boyd had a question regarding section 2 of the resolution. She would like a clariS'lng statement added because the sentence was confusion. *Is. Johnson indicated that she would clarify the sentence to add quotation marks around "piers and docks". Commissioner Dingfield wanted to note that under skcti6n I of the resolution, it isn't exactly what was said. She wanted to know if we should c!ari~' specifically the RS column. Ms..Johnson indicated that she would add RS to the language to ctari~' specifically the residential column. Commissioner Dingfield expressed concern about making all these modifications to the resolution, and felt more corntbrtable dispensing with the idea of passing a motion to approve a resolution. bls. Johnson pointed out Exhibit C of the staff report, the resolution which was forwarded to the city council previously on this matter, which the Planning Commission passed on October 21, 1998. A motion was made by Commissioner Din~eld to modify the proposed resolution to accurately reflect the changes to the Shoreline Master Plan as reflected on page 4 of the staff report. Seconded by Commissioner Wolfe. Question called: Adams, yes; Stone, yes; Dingfield, yes; Body, yes; Wolfe, yes; Robinson, yes. Motion passes. A motion was made by Commissioner Din~eld to authorize Chairman Robinson to sign the modified resolution. Seconded by Commissioner Stone. Question called: Adams, yes; Stone, yes; Dingfield, yes; Boyd, yes; Wolfe, yes; Robinson, yes. Approval of the 3dinutes A motion was made by Commissioner Stone to approve the minutes as presented. Seconded by Commissioner Dingfield. Question called: Adams, yes; Stone, yes; Dingfield, yes; Boyd, yes; Wolfe, yes; Robinson, yes. Motion passes. ~'7. Pubfic Comment None given. 1,7I. Director's Report bis. Judy Johnson reported that Philip Berry was appointed the new director of Community Development and will be starting June lst., 1998. Ron Hough will be leaving the department, and will be missed.a lot, having contributed 11 years to the city. DUe to Planning Commission .~ Jceting, .[ fav 19. 1998 Page 7 of l I 57 The minutes r'rom r. he Ploa~nin~ Commission .\lee~nnS o~-.~[~v ~9. 1998 were ~pproved ~s presented ar thc June ~'~ _o . 1998 meenn~. Rcs?cctfuil!' .<ubm~rtcd: Tnsh Du?~mr. Recording .<ccrcr.~r~,· ATTACHMENT C Minutes from Planning Commission Special Study Session May 12, 1998 Subject: Docks and Piers on the channel between Ostrich Bay and Oyster Bay Judy Johnson spoke regarding the pier and dock issue which has been going on for a number of years. The current issue is to amend the Shoreline Master Plan and to re institute the resolution and ordinance which was passed bv the Planning Commission and City Council. It is a revisit ora process which is being redone due to procedural errors. A new SEPA and DNS has been applied for and issued. (SEP98-0019) The May 19th meeting is for new and more public input and response. Commissioner Stone inquired as to the information presented to the council, new or historical data? Judy Johnson responded that the information was an accumulation of prior documents with a few new things. The packets are for the May 19th meeting, and the information will be gone through then. There are no new applications for piers and docks in the channel as of today. The last application has been withdrawn, so there aren't any active permits either. Commissioner Wolfe wanted to clarify,: there was a ban on docks and it was rescinded. Then there was a moratorium and a proposed ban. And now we are back to amending the shoreline master plan? Ms. Johnson responded no, there was an action in the past. Then there were a number of tkings which happened between a number of persons in the channel. The Planning Commission gave a recommendation to the City Council that proposed a moratorium for construction so that we could study the issue. That led to the moratorium that happened in Aug. 1997 until May 6th, 1998. Last month, there was a 6 month extension granted. After the moratorium we rushed through the changes to the SIMP banning piers and docks. This process was done too quickly and a number of issues weren't completed. The ordinance was repealed on February 1 l th, 1998 and the process is being undertaken again. Commissioner Wolfe wanted clarification that there were outstanding SEPA issues and that is why we are going through this process again? Judy Johnson clarified that there were outstanding SEPA issues on the original piers and docks ban, and there was an appeal to the moratorium that was never heard before the last action was taken. The city had taken action, and the SEPA was not completed. Page 1 of 4 5~ Judy Johnson wanted to clarify that we are going througAa this exercise to ensure that every step is covered so that when we pass on the recommendation for changes to the DOE and other state agencies, every step has been followed. Commissioner Din~eld wanted to note that the Planning Commission was unanimous its recommendation to prohibit piers and docks. Commissioner Stone noted that the ordinance was pushed through at a time when both the legal department and the department of community development were in a state of turmoil. Thusly, things were done hastily and without a great deal of thought. Ms. Johnson did agree that things were proceeded with too quickly. As far as piers and docks, and who said what when. Questions regarding the issue were solicited from the Planning Commissioners. Chairman Robinson questioned if Victor Targert had withdrawn his application for a dock. Ms. Johnson indicated that Victor Targert had withdrawn his application. Chairman Robinson commented that if this process goes according to correct procedures and policies, when will we see the final resolution to this issue? Ms. Johnson indicated around September of this year (1998), (if all goes well). But, to announce any time is inaccurate because of unanticipated appeals which need to be scheduled before any action is taken. September if no appeals are filed, otherwise it will go through when all processes have been completed. Chairman Robinson commented that it was because of the appeals that this issue has been taking so long, and questioned whether the appeal period was 30 or 60 days. Ms. Johnson responded that the appeal must be heard within 60 days. Commissioner Stone inquired that assuming the commission is still unanimous or under the same thinking, cannot see a large number of appeals being filed. Aren't the number of appeals limited under 1724? And wanted to know if they could appeal the environmental impact of preserving it as it is? Ms. Johnson indicated yes. And as far as the appeals, it is not known which issues will be appealed. The appeal process is open for anyone to appeal any issue, pro or con. Exhibit K,in the Planning Commissions Packets, outlining the changes to the SNIP was briefly looked at. Table 3-1 was changed adding footnote #9, which prohibits piers and docks in the Oyster/Ostrich Bay channel. The text changes to the SM? page 5-31 was Page 2 of 4 briefly looked at, regarding the specifics of the ban of piers and docks. It was noted that these modifications to the SMP aren't changes but a clarification to the e.,dsting plan. Chairman Robinson noted that piers and docks have always been prohibited at entrances to channels. Ms. Johnson indicated that the reason that it wasn't seen as an entrance in the middle of the channel may have been because of the narrow focus of just the mouth at the very end of the channel. The entire area (as outlined on the map in Exhibit K) is seen as an entrance. Commissioner Stone indicated that the nautical definition of a channel is a navigable passage to two bodies of water and where the entrance stops, does the coast guard have a definition of an entrance in lateral feet? Ms. Johnson indicated no, but it also isn't "to" a channel. The preposition isn't there in the SNIP it is just entrances to bays, channels. It has always been believed that it has always prohibited piers and docks in this particular channel. Commissioner Wolfe inouired if the exercise next week is a clarification exercise not an amendment exercise? Ms. Johnson indicated yes. Commissioner Dingfield indicated that an amendment must happen. Mr. Ron Hough spoke regarding item #10 under piers and docks in the SNIP which states that piers and docks are prohibited where navigation may be impaired significantly at entrances to bays, channels, or coves. Impaired significantly is an important issue here. Will the dock impair navigation? To add the phrase no piers or docks will be allowed in this area would be a change not just a clarification. Commissioner Stone indicated that there was a great deal of discussion regarding what constitutes a navigational hazard. And it is an area of vast differences of opinion. Mr. Hough indicated that it is a matter of opinion as to what constitutes a navigational hazard. Chairman Robinson indicated that matter was discussed and it was unanimously agreed that there were navigational problems in the channel. Ms. Johnson indicated that piers and docks are allowed elsewhere, and that it was perceived that this was just a clarification to the Oyster Bay/Ostrich Bay channel. Page 3 of 4 &/ Commissioner Stone asked of the Assistant City Attorney, Doug Fortner, if the changes to the SMP affected any grandfathered docks and piers? Mr. Fortner did not view these changes as requiring anyone who had a dock to take it out, it would just be a ban on new docks. This would not be a retroactive action. Commissioner Stone inquired as to the property right issue. Have any of the property fights of an owner been established in a order of priority, as to which has a greater value than another? Mr. Fortner indicated no. There isn't a hierarchy of which rights are more important than others. This regulation does not regulate development of property. Use of the beach is still available. The balance of aesthetic rights vs. properly rights were discussed briefly. Commissioner Wolfe wanted'to know for clarification ifKitsap County had indeed passed a shoreline management act. Mr. Fortner indicated yes. Each jurisdiction with shorelines has to have a SMP in effect. Commissioner Wolfe questioned if the changes we are proposing would be consistent with the Kitsap County SMP? Mr. Fortner indicated that the Kitsap County SIMP only deals with the unincorporated areas of the county. Because this area deals with the incorporated areas there isn't any jurisdiction for the Kitsap County SMP. Commissioner Stone commented that the Kitsap County Commissioners were debating a moratorium on docks, due to problems they are running into. Chairman Robinson commented that staff would be presenting a recommendation for the Planning Commission to act on. Does the Planning Commission need to redo the August resolution which was passed on to the City Council? Judy Johnson indicated yes. There were a few errors in the first resolution. This resolution will be written very clearly. Respectfully Submitted by: Trish Martin, Recording Secretary Approved by: Bill Robinson, Chairman Page4 of 4 ~)D - ATTACHMENT D Department of Community Development 286 Four[h Street Bremerton. WA 98337 Description of Proposal: Changes to clarify a special section of the Shoreline Master Program (SMP) as it relates to piers & docks in the Oyster/Ostrich Bay Channel. Proponent: City of Bremerton Project Number: SEP98-0019 Location of Proposal: Channel between Ostrich and Oyster Bay in the Southernmost Portion of Dyes Inlet in Kitsap County, WA Lead A.qency: City of Bremerton, Department of Community Development The lead agency for this proposal has determined that it will not have a probable significant adverse impact on the environment. An environmental impact statement (ELS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for at least 14 days from the date of issuance. Comments must be submitted by: May 22, 1998 Responsible Official: Judy Johnson PositionFFitle: Acting Director of Community Development Address: 286 Fourth Street, Bremerton WA 98337 You may appeal this determination to: Bremerton City Council (Be prepared to make specific factual objections.) Contact: James Coombes, Department of Community Development for procedures for SEPA appeal. (360) 478-5275 City. of Bremerron Permit Center ATTACHMENT E The checklist questions apply to all par~s o~'vour proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional irg'ormation that ,,,,'ill help describe your proposal or its environmental effects. The City may ask you to explain your aris:vets or provide additional information reasonabiy re!ated to dete,,Tnining ir'there ma:' be sigsdficant adverse impact. USE OF CHECKLIST FOR A NON-CONSTRUCTION PROPOSAJ_: Complete tliis checklist for non-construction proposals, even though questions ma.,,' be answered "does not apply." l~n addition, complete the SL:TPLE: iENTAL SHEET FOR NON- CONSTRUCTION ACTIONS (Part D). For non-conswuction actions, the references in the checklist to the words pro.lec, , "applicant" and "property or site" should be read as "proposal", "proposer," and "affected geogaphic area," respectively. A. BACKGROUND 1. Name of proposed project, if applicable: 2. Nme of applicant: 3. Address and phone number of applicant and contact person: (,'~ :,o'50'VS- ~' Z-V¥ 4. Date checklist prepared: 2 Agency requesting checklist: Proposed timing or schedule (inctuding phasing, if applicable): Do you have any plans for future additions, expansion or further actMty related to or connected with this proposal? If yes, explain. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. M ol~,ta & Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. ~ C ~./-,4.,,-,.,~ e"~ I0. List any government approvals or perm/ts that will be needed for your proposal, if known. 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, townstfip, and range, if known. Ifa proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. ENWIRON~[ENTAL ELEMENTS TO BE CON[PLETED Bt' APPLIC.~N'T EARTH General description of the site (circle one): Flat. rolling, hilly', s_teep slopes, mountainous, other What is the steepest slope on the site (approximate percent slope)? What general types of soils are found on the site (for example, clay, sand, gavel,' peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Are there surface indications or history of unstable softs in the immediate vicinity? If so, describe. E. Describe the purpose, type and approximate quantities of any filling or grading proposed. Indicate source of fill. ~ No construction proposed. [] Subject to miti.c~ting ordinances: BMC 17.04 City Bt~ildinq Code COMMENTS: FOR DCD [.'SE ONL' 5 Rev date 10 22 97 COMMENTS: FOR DCD USE ONL Could erosion occur as a result of clearing, construction, or usc~ so, ~enerally describe. No construction proposed. If Subject to miti~atinc ordinances: BMC 17.04 City BuildLnq Code/BMC 15.04 Stot~'t~mter Ordinance G. About what percent of the site w~il be covered with impervious surfaces after project construction (for example, asphalt or buildings?) U Subject to mitigating ordinance: BMC 15.04 Stormw'ater Control, and 5f4.C 21.02 Zoning H. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: c~ Subject to mitigating ordinance. )dR A. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and ~ve approximate quantities if known. No construction proposed. B. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. A/O Rex' date 10~22.97 C. Proposed measures to reduce or control emissions or other impacts to air, if any: C Subjec-~ to mitica~inc r_-=c~ulations of ~ne ?xce~ Scur, d ~ Qua!ltv Authority. A-- 3. WATER SU'R.FACE: Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)'?. If yes, describe type and provide names. If appropriate, state what stream or river it flows into. 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described water? If yes, please describe and attach available plans. ~ No construction prooosed. 3. Estimate the amount offdl and dredge material that would be placed in or removed from surf'ace water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. ~ No construction proposed. [] Subject to mitiqatinc ordinance: 5MC 21.04-Shoreline Will the proposal require surface water withdrawals or diversions'?. Give general description, purpose, and approximate quantities if known. COM,XLENTS: FOR [}CD L'SE ONL' Rev dat~ I0,.~_ 97 Does the proposal lie within a t00-year floodptmn? If so. note location on the site plan. Does the proposal involve any discharges of waste materials To surface waters.'? If so, describe the type of waste and anticipated volume of' discharge. construction proposed. GROL:~[D Will ground water be withdrawn, or u,511 water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No construction prooosed. 2. Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general seize of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. No construction proposed. Subject to mitiqatinq ordinances: Bremerton Kitsap Health Department Requlation/BMC 15.03 Wastewater Ordinance. COMMENTS: FOR DCD ['SE ONL WATER RL~'OFF (IN'CLUT)ING STOP,.MWATER): Describe the source of runoff'(inctuding storrnwatert and method of collection and disposal, if any (including quantities, if known). Where wil[ this water flow'? Will this water flow into other waters'7 If so, describe. Subject ~o mitigating ~rdinacne: EMC 15.04-S~rmwarer Control 2. Could waste materials enter ground or surface w'arers? If so, ~enerallv describe. ~ ~ubjec[ to mitiqating or'~dir, ance: BMC 15.04-Storrrmrater Contro 1 3. Proposed measures to reduce or control surface, pound, and runoff water impacts, if any: Subject to mitigating ordipmnce: BMC 15.04-Stormwater Contro ! 4. PLANTS A. Check or circle types of vegetation found on the site: / evergreen tree:l, fi, y,~ ~_~...gr4 i(p~ other ," shrubs v'" grass __ pasture __ crop or grain wet soil plants: cattail, ~, bulrush, sk~e,~ other __ other types of vegetation [,4~o5c~r~ v~-a...~,,.-}., COMMEN'TS: FOR DCD ['SE ONL 9 7/ Rev date 10~22. 97 B. What kind and amount of vegetation will be removed or altered? '~No cop_~truc-~ion ,~rc~osed. 2 SubJecu to miuicra~inc ordinances: BMC !5.O4-$tcrmwazer Con~ro!/EMC 21.02-ZcnLnc Ordi,~ance,/~MC i7.04-Ci~v Building Ccde/EMC 2!.22-Criticai Lands C. List threatened or endangered species known to be on or near the site Subject to mitigating ordinances: E~.C!.22 Critical D. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: ~ No construction pro_mcsed. Subject to miticfatin~ ordinances: Ccde BMC 2!. 02-Zanin~ A. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds:(~(~~ ~, other: ~u ~ 't- Mammals'~, b~, el~ beaver, other: 0~ Fish: bas~ he=g. ~ other: B. List any threatened or endangered species known to be on or near the site.  Subject to mitigating ordinance: 5MC 21.22 Critical 5 t.,, 8d C. Is the site part of' a migration route? If so, explain. ~ subject to mit±cyatin9 ordinance: l~C 23..22 Cr±t±caZ Lands COMAIE.N'TS: FOR DCD L'SE OXt lo Re'.' dale 10 22 97 D. Proposed measures to preserve or enhance wildlife, ifa. nv: Nc canst~ac:icn ~r=~csed. ,2 St~Sect to mitic~tir, c o_r~nance: 5MC 2!.22-Crillca! Lands E>fERGY .&ND NATUI:L&L RESOL~CES A. What kinds o£enerD' (electric, natural gas. oil. wood stove, solar) will be used to meet the completed project's ener_ow needs'? Describe whether it will be used for heating, manufacturing, etc. ~QNc cons~action ~ro~osed. B. Would your project affect the potential use of solar ener~ by' adjacent properties? If so, generally describe. No construction pro~sed. C. What kinds of energ-y conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any. No construction oroDosed. Subject to mitic~atin~ ordinances: BMC 17.04-City Building Code. ENVIRONMENTAL HEALTH Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. No construction prouosed. COMMEN'TS: FOR DCD ['SE ONL Rev date t0,~."'~ 97 COMMENTS: FOR [X.'D [.;SE ONL I. Describe special emergency services that might be required. 2. Proposed measures to reduce or control environmental health hazards, if any: Subject to mi:icatinc ordinance: ~!C 18.02-City Fire Ccde/~4C 17.04-Ci5v B ,u/!dLnc Code NO[SE I. What types of noise exist in the area which may aYfect your project (for example: traffic, equipment operation, other)? [] Subject to miti?ating ordinance: ~4C 6.32-Noise 2. What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example; traffic, construction, operatiork other)? Indicate what hours noise would come from the site. No construction oroDosed. Ordinance 3. Proposed measuresto reduce orcontrolnoiseimpacts, ifany? Subject to mitigating ordinance: BMC 6.32-Noise _Ordinance. LAND AND SHOKELINE USE A. What is the current use of the site and adjacent properties? t2 Rev date 10/22 97 COMMENTS. FOR DCD I,'SE ONL'. B Has the site been used tbr agricuiture? If so. describe Describe any structures on the site. D. Wilt any structures be demolished? If so, what? F/ow 6 ?,e.~ ?a~ca-~ What is the current zoning classification of the site? ! , what is the current comprehensive plan designation of the site? Lo oo D 6~ 5 / 7-/ ,~ 6-$ / If applicable, what is the current shoreline master program designation of the site? Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. ¢.c,o [u-ho-,, ,4P-, I s, / Iff '~ O l l" T - ot) T 75' Re'.' d~t¢ 10,22,97 CO.".IMENTS: FOR DCD USE ONL Approximately how many people would reside or work in the completed project'? Nc const-~Ic'cior~. ~rcDose~. J. Appro.'dmate~y how many people would the completed project displace'? No construction orooosed. K. Proposed measures to avoid or reduce displacement impacts, if any? L. Proposed measures to ensure the proposal is compatible with e,,dsling and projected land uses and plans, if any: to miti~a~in~ ordinances: ~MC 2!.02-Zoning Sub jet Code/SMC 21.04-Shore!Lne Master Program HOUSING A. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing.  No construction promosed. B. Approximately how many units, if any, would be eliminated. Indicate whether high, middle, or low-income housing. No construction proposed. 14 70 'Rev date 10:22 97 10. 11. C. Proposed measures to reduce or control housing impacts, ifa~v~ AESTHETICS A. What is the tallest hei~mht of any proposed structure{s), not includino_ antennas; what is the principal e~erior building material(s) proposed7 Z .Yo construction pro~osed. Subjec~ to '~5 ~-~ mz~_?a .... g ordinances: fMC __.'Pi 02-Zcninc Ccde/~MC 21.04-Shoreline Ymster Procram B. What views in the immediate vicinity would be altered or obstructed7  No construction oroaosed. C. Proposed measures to reduce or control aesthetic impacts, if any: Subject to miti?ating ordinances: _~MC 21.02-Zoning Code/~MC 2t.04-gnore!ine M~ster Program. LIGHT A_NI) GLARE A. What type of light or ~are will the proposal produce? What time of day would it mainly occur'?  No construction DroDosed. [] Subject to miticatinc ordLnance: ~4C 21.02-Zoninc Ccde B. Could light or glare from the finished project be a safety hazard or interfere with view?  No construction proposed. Subject to mitiqatinq ordinance: 5MC 21.02-Zoninq Code ,, 77 COXk\IENTS: FOR DCD I'SE ONL Rev date 10,~..9 t 12. What existing off-site sources of light or gate may affect your proposal? D. Proposed measures to reduce or control light and glare impacts, ir' any: ~ Subject to mitigatLng ordinance: BNU 21.02-Zoning Code RECREATION Ao What designated and informal recreational opportunities are in the immediate vicinity? · B. Would the proposed project displace any existing recreational uses? If so, describe. C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any:  No construction proposed. COMMENTS: FOR DCD USE ONL' //oT ,, ff e-cTe.¢P Rev date 10~22.'97 13. 14. FffST0~C ,A~N'D CU'LTUR:-~L PRESERVATION .Are there an.,,' places or objec:s listed on. or proposed for. national. state, or local preserwation registers known to be on or nex'r to the site'? It' so, generally describe. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. C. Proposed measures to reduce or control impacts, if any: ~Q Nc construction prc_ccsed. TRAxNSPORTATION A. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Shown on site plans, if any. B. Is site currently serviced by public transit? If not, what is the approximate distance to the nearest transit stop? COM.NtE.N-F$: FOR EK.'D USE ONL': Rev date 10 22 97 15. C. How many parking spaces would the completed project have? many would the project eliminate° Ncccns:?ac~ion prc.ncsed. How Subject tc miticauLnc ordinance: 5MC Cede D. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways~' If' so, generally describe (indicate whether public or private). ,N'c const~ction prcposed. ~ S~tbjecZ to mitica:inc ordiu~nce: BMC i!.20-Streezs and Side~a!ks E. Wilt the project use (or occur in the immediate vicinky of~fwater~ rail, or air transportation? If so, generally describe. F. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. eNoconstruction Dromosed. G. Proposed measures to reduce or control transportation impacts, if arlVi ~No' Dro ject. Q Subject to miti~at±nq ordin~nqe: l~C 21.02- Comorehensive Plant Concurrency PUBLIC SERVICES Would the project result in an increased need for public services (fo~: example: fire protection, police protection, health care, schools, other)? If so, generally describe. COMMENTS: FOR DCD ['SE ONL Rev date 10,__.97 16. 17. Proposed measures to reduce or control direct impacts on public sersices, if' a_nv UTILITIES ,4.. Circle utilities currently' available at the site: ~. n~,t~ral ~ SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the City is relying on them to make its decision. Date Submitted: COMMEN'TS: FOR ,2)CD (;SE ONL\ 19 Rex' date 1 O; ._. 97 SL'-PPLEM-EN-I'AL SH]EET FOR NON-CONSTRUCTION ACTIONS (Do not use this sheet for construction actions) Because these questions are very, general, it may be help~l to read them in conjunction with the list of the elements of the environment. When answering these questions, be a;vare of the extent the proposal. or the types of activities likely to result from the proposal, would affect the item at a ~eater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms, 1. How would the proposal be liken to increase discharge to water; emissions to air, production, storage, or release oftox/c or hazardous substances; or production of noise'? Proposed measuresto avoid orreduce suchincreases are: Subject to m±t±gat~n? ord±,p~nces curren~Zy adooted bv the City of Bremerton 2. How would the proposal be likely to affect plants, animals, fish or marine life? 20 COMMEN"TS: FOR DCD ['SE ONL' Re,,' date 10,22.95' Proposed measures to protect or conserve plants, animals, fish or marine tile are: Subjec: to mi=iga:ing :rdinance , =-~-- ..... by the City cf Breme~sn 3. How would the proposal be Iiketv to deplete energy' or natural reso utc es'? Proposed measures to protect or conserve energy and natural resources are: Subject to mitigating ordinance carren~ly adopted b~; the City of Bre~3e~ccn How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, Mid and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Proposed measures to protect such resources or to avoid or reduce impacts are: Subject to mitigating ordir~nces and state regulations currently adopted. COMMENTS: FOR 2)CD USE ONL': Rev date ~0,2!97 How would the proposal be liken to alS'oct land and shoreline use. including whether it would alloy,' or encourage land or shore!ine uses incompatible with ex.isting ptans'7 "Subject to mitigating local ordinances and state regulations. Proposed measures to avoid or reduce shoreline and land use impacts are: [] Subject to mitigating local ordinance and state regulations. How would the proposal be likely to increase demands on transportation or public se~'ices and utilities7 Proposed measures 'to reduce or respond 'to such demand(s) are: Identify., if possible, whether the proposal may conflict with local, state or federal laws or requirements for the protection of the environment. COMMENTS: FOR DCD ('SE ONL' Rev date 10/._ 97 ATTACHMENT F RE~OLUTtON NO. ¢2 (~ ~1 ,* Resolution Settina a Moratorium on Development of Decks and Piers Within the Channel be~veen Ostrich Say and Oyster Bay Council to adcct a Ereme~cn ~hcre~ine ,%taszer Frccram which reviews and aCCC[S a~ pa~ cf the Washington ACminJs;radve Cede: WHE,=,E-' ~. . t,he Ereme:":cn Cir/Ccuncli finds the: t,he .__, ...., "'~'~.,~ Ereme~cn Shoreiine Mas~er,~rccram_ da, es net acff ~,--, ,=:=iv__.~ ..... ; actress '~'~,:,~ ~cliow~nc' issues in,.,'~',=- Oyster F.a'/Channei' ~. The level cf F,o~ential na'vigaticnal haz.~rds c:ea~e~ by decks aha Fie~ requiring su~szan:iai shoreline Ce','e!o,emen~ ~e.,,-nniz~ if~ the Channe! be~,veen Ost~ch Ear and Gvs~r Bay; a The aes~.hetic cuaiirz' of torte docks and pie~ in the bet'.~veen Ostrich ~a'/ and G'fs;er Bay; C. The envircnm, en:al and gublic t~us; issues (g(.,~lic waters unde~ying lands are a ouhlic resource cwned ~v and available to all cldzer;,s ecuzilv for naviga:io~, fishin_c, recrea;icn and similar uses) relax, ed to dock= and piers which res~ d~r=~;l,/ on ~;,= teach at low w~tar: WHEREAS the Council understands that the Ci'~v aT Ereme~on public use of shoreline may sufferirrepara~le damage if development is not pro'nlbl,=~' "-,~ while regulatlons' are chanc~ed' and. WHEREAS the Breme.qon City Council believes that a study pehod is necessary to process ~he change locally (estimated a~2.5 months for developmental weds, public nodce, Planning Commission hearing and Ci~ Council hearing); and, WHEREAS the S,~a~e Department of Ecology is allowed 5 months to review and implement changes to the Administrative Code amending the Bremerton Shoreline Master Program; and, and well as NOW THEREFOAE EE IT RE~CLVE'2 BY THE EaE.ME.~TON C;T'F COUNCIL 1. That a devetecment m~tofium prchibidng ~he ~evetcpment ~f decks and pie~ and i~uance cf su~s~ndai shc~tine Ceve~ccmen~ pe~i~ for all Decks and Fie~ ~in the ccnfines cf Cvszer any Channei as defined on ~hibit A is he~y a~opted; 2. Tha~ this mc~tcdum snail ~ake effec: ~mmediate!v ann shoulc ~e~inate 9 mcnt~s from :he da~e cf this mcratc~um or until an amendment to ~he areme~on Shcretine Master Pro,ram can ~e a~crovea by the State Oepa~men~cf Ecotcgy, whichever shAJ] cccur fi~:. C~r'/Cauncii President ATTACHMENT F RESOLUTION #2650 A RESOLUTION extending the Moratorium on the development of docks and piers within the channel between Oyster and Ostrich Bay. WHEREAS. the City' of Bremerton has previously passed a Moratorium: and. WHEREAS, the City of Bremerton has intention to review specific language in the Shoreline Master Program pertaining to this particular area: and WHEREAS, the Department of Ecology is allowed 5 months to review and implement changes to the Administrative Code amending the Bremerton Shoreline Master Program: and. WHEREAS, the ordinance which was repealed (#4619) because of procedural errors, needs to go back through the proper process for change and adoption; BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the development moratorium prohibiting the issuance of substantial shoreline development permits for all docks and piers within the confines of Oyster Bay Channel as defined on attached Exhibit A is hereby continued; 2. That this extension shall take effect immediately on May 6, 1998 and shall terminate 6 months from the date of this or until an amendment to the Bremerton Shoreline Master Program can be approved by the state Department of Ecology, whichever shall occur first. PASSED, by the City Council of the City of Bremerton this ,19 day of DAVID FARR Council President ~ Z-llllll~ ' · l Z A. TTACHMENT ! ALLISON DUKE III. Fire Chief $17 Pacific A¥¢nu¢ · Bmmcrton. WA98337 · {360)478-5381 · FAX (360~ 478-5397 Thursday, October 02, 1997 TO: Dock Sub-Committee FROM: Allison Duke III, Fire Chief ~:~ Bremerton Fire Department SUBJECT: Docks located in Oyster Bay channel As Fire Chief for the City of Bremerton, t do have a concern over docks that will be located in Oyster Bay. The main concern is width of the channel entering into Oyster Bay. The area is located between Madrona Point Road on the west and Marine/South Marine Drive to the east. During the time of high tide there appears to be sufficient room for passage of vessels, but I also have noticed that there were many buoys located 25-50 feet off shore for vessels to anchor. At high tide there are numerous areas that had very sallow spots, this leads me to believe that at Iow tide the water is considerably further from the shore line. The concern than would be if docks are allow without any length restrictions. Docks could be 150-200 feet long to enable boat owners adequate water under their vessel to keep the vessel afloat. Potentially, you could have areas where docks could reach each other. Oyster Bay is used quite extensively during the summer months for a number of skiing events. There are numerous vessels that use this channel to access Oyster Bay. My concern would be the number of vessels entering at one time with docks as obstacles. The second concern is when exiting in the evening, striking one of the docks due to darkness. The Department has had incidences where two vessels collided into each other due to darkness, one resulted in a fatality. The last concern is the access to the area. The Fire Department's boat is located at the First Street Marina. For our vessel to respond to that location would take from 10~15 minutes, depending on weather conditions, once the vessel is under way. I might also suggest that we solicit information from the Coast Guard concerning channels and/or channel markings. If there are any questions, or comments, please feel free to contact me. · Serving the Citizens of Bremerton since 1901 · STAT[ OF WASHINGTON DEPARTMENT OF COMMUNITY, TRADE AND ECONO/VllC DEVELOPMENT 906 Columbia St. SW · PO Box 48300 · Olympia, Washington 98S04-8300 · (360) 753-2200 June 18, 1998 The Honorable Lynn Horton, Mayor City of Bremerton 239 - 4t" Street Bremerton, Washington 98310 MAYOR'S OFFICE Dear Mayor Horton: Thank you for sending us your draft amendment to the Shoreline Master Program for the channel between Oyster and Ostrich Bay. As you know, the goals and policies of your Shoreline Master Program are now considered an element of your comprehensive land use plan, and shoreline use regulations are now considered a part of your development regulations pursuant to RCW 36.70A.480. Development regulations must be consistent with and implement your comprehensive plan. Accordingly, the proposed amendment to the use of docks and piers must be consistent with your comprehensive plan. The proposed amendment to prohibit piers and docks in the entrance channel to Oyster Bay does not appear to be inconsistent with your adopted comprehensive land use plan. also does not appear inconsistent with the goals and requirements of the Growth Management Act. Therefore, we have no concerns with the proposed amendment. It If you have any questions or concerns about our comments or any other Growth Management issues, please call me at (360) 664-2364. We look forward to receiving copies of your adopted amendments and extend our continued support to the City of Bremerton in achieving the goals of Growth Management. Sincerely, Heather Ballash Growth Management Planner Growth Management Division HB:ns cc: Judy Johnson, Bremerton Department of Community Development ,'~orthwest Regional Office, 3790 - STATE OF WASHINGTON DEPARTMENT OF ECOLOGY 160fh Ave 5. E, · Bellevue, Washington 98008-J452 · J U L ]- ? 1998 BREMERTON BUILDING DEPARTMENT JuN 16.1998 Ms. Judy Johnson Ms. Kay Wilson Citv of Bremerton Department of Community Development 286 Fourth Street Bremerton, WA 98337 Dear Judy and Kay, I've reviewed the proposed amendment to the City. of Bremerton Shoreline Master Program and believe it appropriately accommodates the intended prohibkion. However, for the sake of consistency, you might consider changing the new sentence on page 3-6 to read as follows: "Piers and docks are prohibited in the channel between Ostrich and Oyster Bays as depicted in Figure 3-5". This would be more consistent with the language used in Regulation 10 on page 5- 31. You might also add "as depicted in Figure 3-5" to the end of Regulation 10. Ecology looks forward to expediting the state review process once the amendmem has been approved by the City. Sincerely, Alice Schisel Shoreline Planner cc: Raymond Hellwig, Ecology  r~,Ti,.,I,SHERI ES DEPARTMENT - ~'~~L~ / Area Code (360) !~! 598-3311 Fax 598-4666 ' . MISH TRIBE P.O. Box 498 Suquamish, Wasamgton 98392 July 29, 1998 Judy Johnson Department of Commumty Development City of Bremerton 286 Fourth Street Bremerton, WA 98337 Re: Amend the Bremerton Shoreline Master Program -- Prohibit Piers and Docks in the Channel between Ostrich and Oyster Bays Dear Ms. Johnson: The channel between Ostrich and Oyster Bays is within the usual and accustomed fishing area of the Suquamish Tribe. The Tribe concurs with prohibiting docks and piers in tiffs channel. Structures emending into the channel would significantly restrict access to treaty-reserved resources in Oyster Bay as well as adversely impact aquatic resources in shallow water habitats. The channel between Ostrich Bay and Oyster Bay is a narrow waterway, and during low tidal elevations, piers and docks would significantly impede navigation. The second policy under Water Access and Moorage Facilities in Bremerton's Shoreline Master Program states: "piers, docks, and recreational floats should be constructed so as to minimize obstruction of navigable waters and not significantly reduce use of the water surface." The second regulation under the same section further restricts this type of proposal: "Piers and floating docks shall be prohibited where navigation may be impaired sign/ficantly at entrances to bays, channels, or coves." Piers and docks in Oyster Bay channel conflict with these policies of the City's Shoreline Master Program. The Tribe anticipates that contamination in the waters and sediments of Dyes Inlet will eventually abate. These waters have been extremely important to the Suquamish Tribe for thousands of years. Since decertification for shellfish harvesting in the early 1960s, part of Dyes Inlet was recently recertified for commercial harvest. With continued improvements in sewage and stormwater conveyance and treatment, natural resource conditions will also improve. Piers and docks should not be permitted to interfere with the Tribe's ex/sting fights to access and harvest treaty-reserved resources within this portion of its usual and accustomed fishing area. Madrona Point is a known surf smelt spawning area. One goal of the Bremerton Shoreline Master Program Element Goals is "to preserve shoreline natural systems and areas having unique aesthetic or environmental qualities." Adverse impacts to smelt, juvenile salmonid, and prey species would conflict with this goal as well as the policies referenced earlier in this letter, and would adversely impact treat'-reserved resources of the Suquamish Tribe. To ensure future access to Oyster Bay and protection of aquatic species, the Suquamish Tribe supports amending the Bremerton Shoreline Master Program to prohibit piers and docks in Oyster Bay Channel. Sincerely, Christine Stevenson Biolo~st, Fisheries Environmental Program cc~ Randy Hatch, Fisheries Director ' -' ATTACHMENT J "RECEIVED CiTY COUNCIL OFFICE" To the City. Council for the 12 August I998 Meeting: [~AT~ -7- 3/- ~' --~.~C. ~ [t~ ]S~8 July 31, 1998 They used to say that there were only three kinds of liars: BRF..MERTON Liars, Damn Liars, and Statisticians. It would appear that there are in fact four kind of liars-you can add Manipulators, or perhaps Politicians to the list; your choice. Now, whenever I think about piers or floating docks in the Oyster Bay Channel - I automatically call up a picture of an early application for one of those constructions ........ Of course, I'm not the brightest person - but I did get unusually confused when I read the published Public Notices about those Pier/Dock Permit Application. One application in particular - describing what was wanted to be built was apparently taken in by DCD, who then published a Public Notice using the same wording as they received from the applicant - w/thout question, without checking, and not thinking about how poor a picture of reality, the Notice would convey to dummies like me. To show what I mean. I read about a 70 foot floating concrete dock. Ain't science wonderful - making Concrete float like that ? But I can understand about the size - it's about twice the length of my house. And I can imagine something that big sticking out into the water. BUT ..... then I read on and found that there is a 5 foot by 20 foot section tacked on to the end - and that 70 feet is now 75 feet. O.K. - I can still handle pictur/ng something stick/ng out into the water that far. But I soon found out that those 75 feet won't be sticking our from the shore - but will be at the end of a 38 foot pier that's about 8 feet high at the end. (I wonder about why anyone would build something like that and call it a pier? A 3 meter mud-diving platform perhaps - but a Pier ?) (and then my neighbor tells me that the fat 38 footer started off as a plan for a skinny 25 footer - but somehow along the line it just s-t-r-e-t-c-h- e-d out to be 300% larger overall than originally specified - and nobody in DCD even blinked an eye.) Well anyway, that made it a little more complicated - 75 plus 38 comes out to be about I 13 feet. That's three times the lenZh of my house, plus 11 feet. That is definitely difficult for me to imagine - something that size sticking out into the channel. But there were more surprises to come, you see that 75 feet of stuff wasn't really to be placed right at the end of that 38 foot pier - seems that there had to be a ramp of sorts to get from the high 38 foot piece to the low 75 foot piece - and so that meant that the near end of the 75 foot piece had to be placed about 12 feet from the 38 foot piece ........... making the whole damned thing stretch something like 125 feet overall. Now arithmetic told me that that's about five times as long as my house is high; or 10 of my ~boat' tied nose to tail. Got to admit that I really had to struggle to imagine something that size stic 'king out into the water. Don't even like to think about it really - If I had something that big sticking out into the channel from my place - that would eat up a considerable part of the channel width - so much so that water sMing would most probably be illegal due to their not being able to stay the legal l$O feet away from the shore and obstruction. Now that wouldn't really be neighborly would it? After all, folks have been water s 'kiing up ?7 and down this channel ever since I moved here in 73. And then I think of those clever folks who actually, on purpose, drive one of those sail boats - all they need is a few more obstacles to get around; and k/ds and grandparents would have to climb over or under those damned piers/docks just to walk down the beach to admire the view and the critters. So much trouble from a supposed 70 foot dock. So you see -you really can't believe what you read in the newspaperNotices about things like Pier projects. AII the facts just aren't therefor you to build up a good mind picture of what these people are really proposing to do. Guess that's why they get awcn,, with so much - nobody really understands what they're up to to begin with, or keeps a close eye on them after thc? get started That's why I'm glad to see that we will again/~rve a shot at having ALL piers and docks banned from this channel. The way things went in the past - with all the truth stretching and tack of supervision or follow-up by the ci~, - I'm afraid that any future application for a 2$ foot dock would end up as a smaller version of the Hood Canal bridge, connecting Madrona Point up to Marine Drive. Probably with an espresso stand plonked in the middle- right n~n:t to the toll collector. [ ~vas for the Moratoriums, both of them: I was for the first mero'-go-round that gave us Ordinance 4619. and l'm certainlv for this effort to get it back. I'm against any Pier/Docks on the channel here because I feel like I"ve been lied to about them in the past: and because the city wasn't keeping an eye on our interests. George J. Miller P.O. Box 788 Bremerton, WA 98337 2 Bremerton City. Council 239 Fourth Street Bremerton, WA 98337 BREMERTON August 3, 1998 BUILDING DEPARTMENT Comments on: The proposed Amendment of the Bremerton Shoreline Master Program to prohibit piers and docks on the channel between Ostrich and Oyster Bays. Please estabhsh an Ordinance to prohibit all piers and docks from the channel to Oyster Bay. NAVIGATIONAL HAZARDS PRESENT: (No Piers / Docks) Maximum Float sizes are presently specified, along with the requirement for obstruction warning reflectors on each float. Neither Float nor Anchor Buoy moorage positions, nor method are currently specified. This positioning specification should be considered for incorporation into any future revision of the SMP, as well as mooring methods - to prevent the floats from swinging at anchor into the deeper waters - all in order to preserve an unobstructed access path down the navigable Channel. Presently most buoys and many floats are anchored between the Zero and the minus 4 foot tide lines. These floats and buoys actually assist in navigating the channel by defining the unobstructed path - and would be of ~eater value if confidence was established in their location relative to a known tidal contour, and visibility. Enforcement of Size and Marking requirements for existing floats is sorely lacking. WITH DOCKS / PIERS: These Structures, to be of practical value would of necessity extend to a point which would offer 5 feet of water under the keel at low (Zero) tide, for any vessel tied up to that structure (parallel to the tidal flow). This translates to the structures extending out to the minus 5 foot tide level, PLUS the beam of any vessel moored there. With such structures allowed on both sides of the Channel - then, depending upon the width and gradient of the channel floor at that location - there would be a marginal separation between the combined intrusions of structures (together with their moored vessels) from either side of the channel. Worst case is estimated to be less than 20 feet separation. RESULTS: Considering that the proposed structures are impermeable to any water transport, less well endowed than an Icebreaker, all of the normal channel traffic would of necessity be funneled into this marginal clear channel space - which, it should be noted is the location of the greatest tidal current flows and roughest water during high wind conditions. Such a confluence of traffic, of mixed speed, size, and purpose would present hazard to all, and preclude normal utilization of the waterway by many. The navigation of this constricted safe waterway would, for example - require very tight limits of navigation and steerage by the Christmas Boats in a waterway shared with unlighted and unmarked piers and docks, within scant feet of the parading boats. Water skiing would be impossible. Passage of sailboats under sail would then be history.. Swimming and floating would be likewise curtailed. Shorter piers or docks would present the same adverse effects - only to a lesser deffee. Piers and docks which are shortened to an unusable / impractical length are but Vanity Structures, and should receive no consideration for acceptance on this channel. Pedestrian access of the shorelines would be severely restricted by piers / docks of gross or minor proportions; efforts by tots and physically challenged adults attempting to clamber over the obstacles presented by barnacle encrusted - seaweed trailing dock sections would be daunting. AESTHETIC EFFECTS OF DOCKS IN THE CHANNEL IT WOULDN'T BE PRETTY OOPS: With private vessels tied up for long periods of time at private piers and docks - providing no sarfitary disposal facilities such as are available in established Marinas - the possibilities for 'accidental' discharges of holding tanks or 'direct' heads would be increased. This could rival Bremerton's own sewer discharge problems. ADDED: Pilings - Boats - Dock Sections - Pier Sections - all are intrusive into the presently 'clean? view up and down the channel. Boats with displacement hulls, travelling at even the proponents suggested 7 knot speeds - will lead to relatively more wake effects. SUBTRACTED: The normal flow and bustle of water craft and people enjoying the waters of the channel. Disruptions of the present traffic by the added obstacles and constrictions will result in: ELIMINATION of- the Water SPa'ers - the Kayaks - the inner tube and air mattress drifters - pa'ds fishing from small boats - Hobbi Cats under sail - walking the beach - kids exploring the beach - New Years day boating enthusiasts - Christmas Boats - Boats travelling on the 'plane'. And probably edible shellfisla PUBLIC TRUST DOCTRINE ISSUES In addition to the more recent ruling and interpretation of Public Access to Shorelines referred to below, which by the way appears to extend the State's application of Public Trust from Ocean Shorelines to inter/or waters and codifies the State's intent to precluding the erosion of public recreational opportunities associated with these waters; the following general comments are offered, applying in this case mostly to the Tidelands of properties on Madrona Point Drive and Marine Drive. Public right to use these tideland areas is of course substantiated by the doctrines of Public Trust, Prescription and - most probably, considering the gentleness of the old neighbors along the channel, thru the Doctrine of Custom. As is commonly known, the Shoreline Management Act rooted in RCW 90.58, seeks to preserve our shorelines in their natural state; lending due consideration to the continuing enjoyment of the physical and aesthetic qualities of that natural shoreline. Bremerton's SIMP in reflecting, applying, and supplementing the State program should, to the greatest extent possible, codi~ and endorse these objectives. To bring the concept of "Personal Rights" vs "Public Trust" into a new age perspective - Consider - Your right to swing your arm E.~'DS in the near vicinity of my nose The rights to Property are similarly reduced from 'Absolute' to 'Reasonable' by the interfaces of those rights with the laws, regulations, and co-existing rights of neighbors the State, and society in general. The opinion is widely held that the establishment of docks of the length, configuration and size presently envisioned by the various petitioners - in the physically limited body of water that is the Channel - constitutes a substantial interference with the significant private and public right of navigation. right of navigation involves not only commercia! transportation upon navigat>le waters, but incidental rights .... of fishing, boating, swimming, waterskiing, and ,):~c,' related :...a~,,m,~" ''" ' !;~:,'-- This right was recognized for Washington State as being a fundamental right. It applies to the area over which water flows, even though intermittently. It is rec%m~ized that in situations of naturally yawing water level, the respective rights of the public and the owners of the property periodically submerged by water, are dependent upon the level of the water. As the level increases, the rights of the public to use the water increase, since the area of water increases proportionately. The rights of the landowners decrease, since they cannot use their property in such manner as to interfere with the expanded public rights. Even presuming that a pier applicant actually owns the Tidelands in from of his property, it is recognized that the law is quite clear that where the level of a navigable body of water fluctuates due to natural causes so that the riparian owners property is submerged part of the time; the public has the right to use all of the waters, whether it be at the high water line, at the low water line, or in between. In the event that your 'Case Law' is a little rusty.: you are directed to Wilbour v. Gallagher found in Washington Supreme Court Reports. It is taken that any project which interferes with this basic public right of navigation is an interference with a very substantial public right which can not be considered non-significang CONSIDER ALSO: Bremerton City, with a population of some 38,000 souls - is being placed in the position of controlling (i.e. restricting) the use of a Public Waterway which serves the established recreational needs of over 100,000 people in Kitsap County alone. Estimating that 20% of these people are active users of the waterways - and not counting users from neighboring counties and 'foreign' visitors. Bremerton is being placed in the position of having to arbitrate the established use patterns of over 20,000 people - in your consideration of the desires of a few. Make the smart decision. Sincerely submitted for your consideration 3 I01 ATTACHMENT J 'RECEIVED rfP( COUNCIL OFFICE" To the City. Council for the 12 August 1998 Meeting: AUG fl 3 July 998 They used to say that there were onlv three kinds of liars: BEEMERTON Liars, Damn Liars, and Statisticians. It would appear that there are in fact four kind of liars- you can add Manipulators, or perhaps Politicians to the list; your choice. Now, whenever I think about piers or floating docks in the Oyster Bay Channel - I automatically call up a picture of an early application for one of those constructions ........ Of course, I'm not the brightest person - but I did get unusually confused when I read the published Public Notices about those Pier/Dock Permit Application. One application in particular - describing what was w'anted to be built was apparently taken in by DCD, who then published a Public Notice using the same wording as they received from the applicant - w/thout question, without checking, and not thinking about how poor a picture of reality, the Notice would convey to dummies like me. To show what I mean. [ read about a 70 foot floating concrete dock. Aifft science wonderful - making Concrete float like that ? But I can understand about the size - it's about twice the length of my house. And I can imag/ne something that big sticking out into the water. BUT ..... then I read on and found that there is a 5 foot by 20 foot section tacked on to the end - and that 70 feet is now 75 feet. O.K. - I can still handle pictur/ng something sticking out into the water that far. But I soon found out that those 75 feet won't be sticking our from the shore - but will be at the end ora 38 foot pier that's about 8 feet high at the end. (I wonder about why anyone would build something like that and call it a pier? A 3 meter mud-diving platform perhaps - but a Pier ?) (and then my neighbor tells me that the fat 38 footer started off as a plan for a skinny 25 footer - but somehow along the line it just s-t-r-e-t-c-h- e-d out to be 300% larger overall than or/~nally specified - and nobody in DCD even blinked an eye.) Well anyway, that made it a little more complicated - 75 plus 38 comes out to be about 113 feet. Thafs three times the lenZh of my house, plus 11 feet. That is definitely difficult for me to imagine - something that size sticking out into the channel. But there were more surprises to come, you see that 75 feet of stuff wasn't really to be placed right at the end of that 38 foot pier - seems that there had to be a ramp of sorts to get from the high 38 foot piece to the low 75 foot piece - and so that meant that the near end of the 75 foot piece had to be placed about 12 feet from the 38 foot piece ........... making the whole damned thing stretch something like 125 feet overall. Now ar/thmetic told me that that's about five times as long as my house is high; or 10 of my q>oat' tied nose to tail. Got to admit that I really had to struggle to ima~ne something that size stic 'king out into the water. Don't even like to think about it really - IfI had something that big sticking out into the channel from my place - that would eat up a considerable part of the channel width - so much so that water skiing would most probably be illegal due to their not being able to stay the legal 150feet away from the shore and obstruction. Now that wouldn't really be neighborly would it? After all, folks have been water skiing up and down this channel ever since I moved here in 73. And then I think of those clever folks who actually, on purpose, drive one of those sail boats - all they need is a few more obstacles to get around; and k/ds and ~andparents would have to climb over or under those damned piers/docks just to walk down the beach to admire the view and the critters. So much trouble from a supposed 70 foot dock. So you see -you really can't believe what you read in the newspaperNotices about thing; like Pier projects. All the Jbcts jm't aren't therefor you to build up a good mind picture of what these people are really proposing to do. Guess that's why they get away. with so much - nobody really understands what they're up to to begin with, or keeps a close eye on them after th~. get started. That's why I'm glad to see that we will again have a shot at having ALL piers and doc/ct banned from this channel. The way. things went in the past - with all the truth stretching and tack of supervision or fi)llow-up by the ciq - I~rn afraid that any future application for a 2$ foot dock would end up as a smaller version of the Hood Canal bridge, connecting ,~ladrona Point up to ~14arine Driv~ Probably with an espresso stand plonked in the middle - right n~ct to the toll collector. [ was for the Morator/ums, both of'them: 1 ~vas for the first merry-go-round that gave us Ordinance 46 t9. and l'm certainly for this effort to get it back. I'm against any' Pier/Docks on the channel here because l feel like I"ve been lied to about them in the past; and because the c/tv wasn't keeping an eye on our interests. George J. Miller P.O. Box 788 Bremerton, WA 98337 2 Bremerton City, Council 239 Fourth Street Bremerton, WA 98337 dElVED C ITY COUNCIL OFFICE" ~.UG 0 3.-...~qa,q,., -?8 ~,- BREMERTON August 3, 1998 BUILDING DEPARTMENT Comments on: The proposed Amendment of the Bremerton Shoreline Master Program to prohibit piers and docks on the channel between Ostrich and Oyster Bays. Please establish an Ordinance to prohibit all piers and docks from the channe! to Oyster Bay. NAVIGATIONAL HAZARDS PRESENT: (No Piers / Docks) Maximum Float sizes are presently specified, along w/th the requirement for obstruction warning reflectors on each float. Neither Float nor Anchor Buoy moorage positions, nor method are currently specified. This positioning specification should be considered for incorporation into any future revision of the SMP, as well as mooring methods - to prevent the floats from swinging at anchor into the deeper waters - all in order to preserve an unobstructed access path down the navigable Channel. Presently most buoys and many floats are anchored between the Zero and the minus 4 foot tide lines. These floats and buoys actually assist in navigating the channel by defining the unobstructed path - and would be of ~eater value if confidence was established in their location relative to a known tidal contour, and visibility,. Enforcement of Size and Marking requirements for existing floats is sorely lacking. WITH DOCKS / PIERS: These Structures, to be of practical value would of necessity extend to a point which would offer 5 feet of water under the keel at low (Zero) tide, for any vessel tied up to that structure (parallel to the tidal flow). This translates to the structures extending out to the minus 5 foot tide level, PLU...S the beam of any vessel moored there. With such structures allowed on both sides of the Channel - then, depending upon the width and gradient of the channel floor at that location - there would be a marginal separation between the combined intrusions of structures (together with their moored vessels) from either side of the channel. Worst case is estimated to be less than 20 feet separation. RESULTS: Considering that the proposed structures are impermeable to any water transport, less well endowed than an Icebreaker, all of the normal channel traffic would of necessity be funneled into this marginal clear channel space - which, it should be noted is the location of the greatest tidal current flows and roughest water during high wind conditions. Such a confluence of traffic, of mixed speed, size, and purpose would present hazard to all, and preclude normal utilization of the waterway by many. The navigation of this constricted safe waterway would, for example - require very tight limits of navigation and steerage by the Christmas Boats in a waterway shared with unlighted and unmarked piers and docks, w/thin scant feet of the parading boats. Water skiing would be impossible. Passage of sailboats under sail would then be history.. Swimming and floating would be likewise curtailed. Shorter piers or docks would present the same adverse effects - only to a lesser de~ee. Piers and docks which are shortened to an unusable / impractical length are but Vanity. Structures. and should receive no consideration for acceptance on this channel. Pedestrian access of the shorelines would be severely restricted by piers / docks of gross or minor proportions; efforts by tots and physically challenged adults attempting to clam her over the obstacles presented by barnacle encrusted - seaweed trailing dock sections would be daunting. AESTHETIC EFFECTS OF DOCKS IN THE CHANNEL IT WOULDN'T BE PRETTY OOPS: With private vessels tied up for long periods of time at private piers and docks - providing no sanitary disposal facilities such as are available in established Marinas - the possibilities ~'or 'accidental' discharges of holding tanks or 'direct' heads would be increased. This could rival Bremerton's own sewer discharge problems. ADDED: Pilings - Boats - Dock Sections - Pier Sections - all are intrusive into the presently 'clean' view up and down the channel. Boats with displacement hulls, travelling at even the proponents suggested 7 knot speeds - will lead to relatively more wake effects. SUBTRACTED: The normal flow and bustle of water craft and people enjoying the waters of the channel. Disruptions of the present traffic by the added obstacles and constrictions will result in: ELIMINATION of- the Water SPa'ers - the Kayaks - the inner tube and air mattress drifters - Pitts fishing from small boats - Hobbi Cats under sail - walking the beach la'dx exploring the beach - New Years day boating enthusiasts - Christmas Boats - Boats travelling on the 'plane'. And probably edible shellfish. PUBLIC TRUST DOCTRINE ISSIfES In addition to the more recent ruling and interpretation of Public Access to Shorelines referred to below, which by the way appears to extend the State's application of Public Trust from Ocean Shorelines to interior waters and codifies the State's intent to precluding the erosion of public recreational oppormn/ties associated with these waters; the following general comments are offered, applying in this case mostly to the Tidelands of properties on Madrona Point Drive and Marine Drive. Public fight to use these tideland areas is of course substantiated by the doctrines of Public Trust, Prescription and - most probably, considering the gentleness of the old neighbors along the channel, thru the Doctrine of Custom. As is commonly known, the Shoreline Management Act rooted in RCW 90.58, seeks to preserve our shorelines in their natural state; lending due consideration to the continuing enjoyment of the physical and aesthetic qualities of that natural shoreline. Bremerton's SMP in reflecting, appl.ving, and supplementing the State program should, to the greatest extent possible, codi~ and endorse these objectives. To bring the concept of "Personal Rights" vs "Public Trust" into a new age perspective - Consider - ~bur right to swing your arrn ENDS in the near vicini~, oj'~r nose. The rights to Property are similarly reduced from 'Absolute' to 'Reasonable' by the interfaces of those rights with the laws, regulations, and co-existing rights of neighbors the State, and society in general. The opinion is widely held that the establishment of docks of the length, configuration and size presently envisioned by the various petitioners - in the physically limited body of water that is the Channel - constitutes a substantial interference with the significant private and public right of navigation. The right of navigation involves not only commercial transportation upon navigable waters, but also incidental rights of fishing, boating, swimming, waterskiing, and other related recreational purposes. This right was recognized for Washington State as being a fundamental right. It applies to the area over which water flows, even though intermittently. It is recognized that in situations of naturally vaLying water level, the respective rights of the public and the owners of the property periodically submerged by water, are dependent upon the level of the water. As the level increases, the rights of the public to use the water increase, since the area of water increases proportionately. The rights of the landowners decrease, since they cannot use their property in suet manner as to interfere with the expanded public rights. Even presuming that a pier applicant actually owns the Tidelands in from of his property., it is recognized that the law is quite clear that where the level of a navigable body of water fluctuates due to natural causes so that the riparian owners property is submerged part of the time; the public has the right to use all of the waters, whether it be at the high water line, at the low water line, or in between. In the event that your 'Case Law' is a little rusty: you are directed to Wilbour v. Gallagher found in Washington Supreme Court Reports. It is taken that any project which interferes with this basic public right of,navigation is an interference with a very, substantial public right which can not be considered non-significan~ CONSIDER ALSO: Bremerton City, with a population of some 38,000 souls - is being placed in the position of controlling (i.e. restricting) the use of a Public Waterway which serves the established recreational needs of over 100,000 people in Kitsap County alone. Estimating that 20% of these people are active users of the waterways - and not counting users from neighboring counties and 'foreign' visitors. Bremerton is being placed in the position of having to arbitrate the established use patterns of over 20,000 people - in your consideration of the desires ora few. Make the smart decision. Sincerely submitted for your consideration 3 /Ob