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HomeMy WebLinkAbout4619 ORDNANCE NO. :/6 r' ~' AN ORDINANCE amending the City Bremerton Shoreline Master Program, adopted by Ordinance 4365, to restrict docks and piers in the channel between Oyster Bay and Ostrich Bay. WHEREAS, the Bremenon Planning Commission conducted a public hearing on September 16, 1997 to consider amending regulation of docks and piers within the Oyster bay entrance channel as directed in Bremerton Resolution No. 2621; and WHEREAS, the Bremerton Planning Commission has forwarded its resolution recommending that the Oyster Bay entrance channel have a special Environmental Designation that would prohibit piers and docks given the unique topographical characteristics of this channel; and WHEREAS, the Bremerton City Council, after taking public testimony on the recommended changes to the Shoreline Master Plan pursuant to SMP Chapter 7 G, adopts the findings and recommendation of the Planning Commission amending the channel Environment Designation as an area of unique and hazardous characteristics and physical limitations incompatible with intense development; and prohibiting construction of docks and piers in the channel; now, therefore, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. The Bremerton Shoreline Master Plan, Table 3-1 Shoreline Use/A~ivity Matrix, is amended to include a footnote to the Piers and Docks Shoreline Use/Activity for the Residential Environmental Designation to read as follows: Piers and docks are prohibited in the entrance channel to Oyster Bay as depicted in Figure 3-5; all as set forth is Exhibit "A" attached hereto and incorporated herein by reference. Section 2. Amendment. The Bremerton Shoreline Master Plan Chapter 3F is amended to include a new subsection to read as follows: Oyster Bay Channel Piers and docks shall be prohibited in the channel between Oyster gay and Ostrich Bay as depicted in Figure 3-5. Figure 3-5 attached hereto as Exhibit "B" shall be added to SMP Chapter 3F. Section 3. Amendment. SMP SHORELINE USE POLICIES AND REGULATIONS, WATER ACCESS AND MOORAGE, REGULATIONS, 10 is amended to read as follows: DOCKS.ORD - Disk 2 - 12~'4-/97 1 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 floating docks will be permitted in the channel between Ostrich and Oyster Bays. 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. Transmittal of this ordinance to Department of Ecology shall be stayed pending decision or withdrawal of SEPA appeal(s) of the DNS pursuant to BMC 21.02.935. If a Determination of Significance is issued as a result of said appeal(s) this ordinance shall become null and void. APPROVED by the City Council of the City of Bremerton this _.:4~, ~a', day of ~_.,, d~ ~_-, 1997. PASSED by the City Council of the City of Bremerton this ~ day of , 1997. DAVID D. FARK, Council President APPROVED this % day of ' ~,~ , 199~ L~N HORTON, Mayor ATTEST: KATHLEEN McCLUS~ty Clerk Dept. of Ecology Approval, Effective Date: -'HIBIT NO... " TABLE 3-1 SHORELINE USFJACTIVITY MATRIX (Pa~e 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 FA 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 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 = PERMITTED SUBJECT TO OBTAINING SHORELINE CONDITIONAL USE PERMIT (CUP) SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 2 TABLE 3-1 SHORELINE USE/ACTIVITY MATRIX (Page 3 of 3) 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 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 entrance channel to Oyster Bay as depicted in Fi.qure 3-5. SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 3