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Home My WebLink About4634 ORDINANCE No. AN ORDINANCE amending the City of Bremerton Shoreline Master Program, adoptecl by Ordinance 4365, to restrict docks and piers in the channel between Oyster Bay and Ostrich Bay. 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 BREMERTON 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 PROHIBITING DOCKS AND PIERS IN THE CHANNEL BETWEEN OSTRICH BAY AND OYSTER BAY. Section 4. Amendment. SMP SHORELINE 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. Effective Date. This ordinance shall take effect upon final approval by the State Department of Ecology in accordance with RCW 90.58.120. APPROVED by the City Council of the City of Bremerton this ,/cg..~/ day of ~'_~_~z.,_ ~.~ , 1998. PASSED by the City Council of the City of Bremerton this ,/~: day of ,_ ~ ~'~.,,.~ ~4~ , 1998. ~' DAVID D. FARK Co~cil Pi~ id~nt APPROVED this c:~ ~ day of ~ ~ ~,.~--~ ,1998 LYIqN HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk [ Department of Ecology Approval, Effective Date: at/- at 7- qq EFFECTIVE DATE q-- ._~. _75.. f PUBLICATION DATE "~':5~" ~ ~ - NUMBER EXHIBIT'A TABLE 3-1 SHORELINE USE/ACTIVITY MATRIX (Page 2 of 3) ENVIRONMENT DESIGNATION CN RS CM ID DU DM KL K'V? 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: - Beat Launch Ramps CU CU P P P P CU X CU - Marine Railways CU CU CU P P P CU X CU -Mcodng Buoys P P P P NA P P NA P --.~ - Piers & Docks CU p.9. 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 BREAKVVATERS, 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 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 CU3 NA CU3 CU3 X X REVETMENTS CU P P P P P CU CU CU P = PERMITTED · X = PROHIBITED · A =AS APPLICABLE · NA = NOT APPLICABLE CUP = PERMIT-TED 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/Ac'dvity section. CU Use/Activity is perm~ed in the Environment, subject to obtaining a Shorelines Conditional Use Permit (CUP). X UselActivit7 is prohibited in the Environment A As applicable. NA Use/Activit~ 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 marinas. 7 See Environment-Specific Regulations (Chapter 3). 8 See General Requirements (Chapter 4). _9 Piers and docks are prohibited in the channel between Ostrich Bay and Oyster Bay as depicted in Fi;lure 3-5. 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 Fiqure 3-5. Development Standards The matrix 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 matdx (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 Con'idor Examples Figure 3-3 shows a "bird's eye" view of the Figure 3-3 View Corddor 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 - 25 FIGURE 3-5 DOCKS & PIERS PROHIBITED OSTRICH B~ Y 0 YS TER BAY PARCELS SUBJECT T~) WATER ACCESS AND MOORAGE REGULATION 10 PROHIBITING DOCKS AND PIERS IN CHANNEL BETWEEN OSTRICH BAY AND OYSTER BAY. SCALE: 1'= 500' SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3- 31 6. Pre-existing Residential Lots: For residential lots existing at the time this program is adopted (2/2/92): No more than one (1) private, noncommercial single-use dock is permitted per platted shoreline lot or unplatted shoreline tract owned for residential or recreational purposes. 7. 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. 8. 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. 9. 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: a. 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 (MLW) in madne shorelines or as measured at Ordinary High Water (OHWM) in fresh water shorelines. b. 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