HomeMy WebLinkAbout1912 RESOLUTION NO. 1912
A RESOLUTION amending Figure 1, Bremerton's
Shoreline Environment Designations, a part
of Bremerton's Shoreline Management Master
Program. (South shoreline of Oyster Bay,
east of Lower Oyster Bay Dr., north of
Kitsap Way)
WHEREAS, the City of Bremerton adopted the Bremerton Shoreline Manage-
ment Master Program on October 5, 1977; and
WHEREAS, Bremerton's Master Program, RCW 90.58 and WAC 173-19 provide
for the adoption and amendment of local Shoreline Management Master Pro-
grams; and
WHEREAS, a duly advertized public hearing was held on October 20, 1981,
on the proposed amendment to the shoreline environment designation along a
portion of the southern shoreline of Oyster Bay as described in the
attached October 19, 1981, Staff Advisory Report, Attachment A; and
WHEREAS, the policy of RCW 90.58, WAC 173-16, the Bremerton Area Plan
(a comprehensive land use policy plan) and Bremerton Shoreline Management
Master Program were considered; and
WHEREAS, the Bremerton City Council found the amendment to be in
keeping with these policy documents and to be necessary to promote the
logical development of the subject shoreline;
NOW, THEREFORE, BE IT RESOLVED, by the City of Bremerton:
1. That the City of Bremerton City Council does hereby approve an
amendment to the Shoreline Environment Designations map (Figure 1)
of the Bremerton Shoreline Management Master Program as follows:
"That property described in Attachment B which lies within 200
feet of the ordinary high water line of Oyster Bay in Bremerton
Washington is hereby designated Urban Commercial under Bremerton's
Shoreline Management Master Program."
This change is graphically represented in Attachment C to this
Resolution.
2. That the effective date of this Resolution is October 27, 1981.
PASSED AND APPROVED on this 27th day of October, 1981.
GLENN K. JARSTAD, MAYOR
ROBERT B. STEWART, COMM. OF FINANCE
TOM SWANSON, COMM. OF PUBLIC WORKS
ATTEST:
KATHLEEN L. MANDIO
ATTAC ....~NT A
October 19, 1981
STAFF ADVISORY REPORT
CHANGE IN SHORELINE PLAN ENVIRONMENT DESIGNATION
SOUTH SIDE OF OYSTER BAY ADJACENT TO KITSAP WAY AND
LOWER OYSTER BAY DR.; URBAN RESIDENTIAL TO
URBAN COMMERCIAL (LARSEN REZONE SITE, SEE ORDINANCE 3659)
PROPOSED AMENDMENT: The proposed amendment would change the Bremerton
Shoreline Plan environment designation on a portion of a one-acre
parcel of the wetlands (within 200 feet of marine waters) of Oyster
Bay from Urban Residential to Urban Commercial. The area of the
proposed amendment is shown on Exhibits "A" and "B". Approximately
one third acre of wetland is subject to this proposal.
AUTHORITY: RCW 90.58 (.120 specifically) and WAC 173.19 (.060 specifically).
REFERENCES:
RCW 90.58.020, Shoreline Act Policy
WAC 173.16, State Shoreline Guidelines
These references are incorporated in this Advisory Report by reference.
FINDINGS OF FACT:
1.This shoreline area was designated Urban Residential in 1977 by
the City of Bremerton in its initial Shoreline Plan.
2. The subject area is at the eastern edge of a large Urban Residen-
tial environment encompassing the remainder of the southern and
western shore of Oyster Bay.
3.The site is adjacent to an Urban Commercial environment on the
east which extends approximately 600 feet to the east.
4. The adjacent Rroperty to the east is developed with a motel and
restaurant an~ other businesses beyond.
5. The subject site is the location for a proposed motel and restau-
rant project. This use is not allowed in the current residential
environment designation and is allowed in the proposed commercial
designation.
6. The change in designation would create a "split environment."
That is, that the waterfront area within approximately 90 - 150
feet of the shoreline would remain in the Urban Residential
classification and the southern area nearer Kitsap Way would be
changed to the Urban Commercial designation.
7. Uses allowed in the Urban Commercial and Urban Residential desig-
nation are listed on pages 22 - 24 of the Bremerton Shoreline Plan.
8. Public notice has been given according to RCW 90.58.120.
9. The current use of the subject site is vacant with one older resi-
dential structure south of the subject area. The area between the
site and the Oyster Bay shoreline is occupied with one older
residence.
10. Land use to the west is residential; to the east is commercial.
11. Bremerton's land use policy plan, the Bremerton Area Plan, advo-
cates reasonable and logical expansions of existing business
areas as indicated in the following Plan policies: Policy 1,
page VI-13~ Policy 10, page VI-15~ Policy 10, page VI-37.
12. The Bremerton Shoreline Master Program defines the Urban Resi-
dential environment as "This designation is for areas which are
primarily residential Or intended for residential use. These
areas are to maintain existinq character and be consistent with
that character in terms of open space, bulk, scale, and intensity
of use within the guidelines of current zoning."
LARSEN STAFF ADVISORY REPORT
PAGE 2
13. The Bremerton Shoreline Plan defines the Urban Commercial envi-
ronment as "This designation is primarily for those areas which
range from the high intensity business district and small light
industry to the small commercial operations located in the various
neighborhoods. The intent of this designation is to encourage
commercial development that could enhance public access to the
shoreline either physical or visual, and provide a setting for
the commercial operation that will be of economi~ benefit."
14. The Bremerton Master Program Element Goals applicable to this
proposed change are:
a. MASTER GOAL: "To plan and foster all reasonable and appro-
priate uses while protecting and enhancing the quality of
the shoreline of Bremerton."
b. ECONO~II~ DEVELOPI.IENT: "To encourage economic development
that is integrated with the shoreline environment and is
water dependent or related and which can benefit the com-
munity by a shoreline location."
c. PUBLIC ACCESS: "To improve public access to the public por-
tions of the shorelines through appropriate acquisition and
development."
d. SHORELINES USES: "To provide for a variety of land and
water uses with emphasis on those which related to and will
enhance the shoreline environment."
15. Shorelines of State-wide significance are not involved in this
proposed amendment.
16. The proposed use of the subject property, a motel and restaurant-
lounge-banquet use is encouraged as a shoreline use in the
Bremerton Master Program in that these types of uses have a
potential to provide an opportunity for a substantial number of
people to enjoy the shoreline.
17. Policies contained in the State Shoreline Act are indicated in
Exhibit "C".
18. Applicable policies of the State contained in WAC 173-16 are
attached as Exhibit "D"
CONCLUSIONS:
1. The proposed change in environment is consistent with Bremerton
Area Plan policies in that it would provide for the reasonable
expansion of an existing commercial area.
2. The proposed change in the shoreline environment is consistent
with the policy of the State Shoreline Act in that it:
a. Will not jeopardize the ability of the City to protect and
preserve the shoreline of Oyster Bay or to control, plan
and coordinate the development of the shoreline area under
the Bremerton Master Program.
b. Will not allow unrestricted development in the shoreline.
c. Will foster only reasonable and appropriate uses allowed
under the Bremerton Shoreline ~aster Program.
d. Will enhance the public interest by allowing the policy of
the Bremerton Area Plan to be carried out.
e. Will not significantly jeopardize the public health or urban
land, vegetation, wildlife waters or acquatic life as the
area might be developed under the Bremerton Shoreline Plan.
LARSEN STAFF ADVISORY REPORT
PAGE 3
f. ~Jill not interfere with rights of navigation.
g. Will not interrupt the public opportunity to enjoy the shore-
line.
3. The proposed change is consistent with the applicable sections of
~IAC 173-16 in that it:
a. Will provide for intensive public uses and a multiplicity of
urban uses.
b. Will accommodate urban expansion in areas planned for such
uses.
c. The site has few biophysical limitations for urban activities.
d. Will foster urban development in an area already subject to
urban development pressures.
4. The proposed change will not change the designation of the actual
Oyster Bay shoreline which lies gO - 150 feet north of the northern
most line of the site subject to the proposed amendment.
5. The full development of the site as proposed for a motel and
restaurant would not alter the Oyster Bay shoreline except as
storm and sanitary sewage would be accommodated in accordance
with Shoreline Plan, Engineering Department and other requirements.
6. A "split" environment designation is a recognized method of pro-
tecting the shoreline itself while promoting appropriate develop-
ment away from the immediate shoreline.
RECOH~tENDATION: To approve the change in the Shoreline Environment desig-
nation as proposed from Urban Residential to Urban Conmercial as shown on
Exhibit "B" and legally described in Exhibit "E".
EXnLBIT "C"
g( 'W g{l.$:L020 ]x~].-clafisc fi~:din~s----State policy
em:,.;cia.~ed Use prefercrick,. T~'c icgh;Iatur~ finds th~tt
the shorcjjnc~ of the ,late :.FC ,lIIlong tJlc ~llt>>:t v:t~tL~b~c
and I'r;t~Jc of il', n,lInr:,.~ rc%~,mv,". ,~nd th,'~ iher,.'
L~rcaI c<mccrn lhrou~houi xhc ~i'.~,c rc::,,d:',~ 'j L~2',1 ~',~-
Jizalion, prc~ec1joll. Fcy~,i':ltj(ln. :~nd pl'csCrvLitlk)lL =~A
uses ;t:'c bcing placed nn lJlc ~horeiincs ilcc'cssh;ili~lv
creased coordinali~m in Lhc man:~gcnlcnt and develop-
mcnt of the shorc~ine~ ,~f 'he qatc. The legMature
further finds thai much of the shore}ines d the state
the uplands ad.iacenl thereto arc in ~ri~atc o~ncrsh~p:
lJlal unresttitled censtruc~ion on lhc privately owned
publicly owned shorelines of '.he stale is g!()l in the best
public interest: and lhercfore. c,,,,rdinated planning
necgssary in order to pnnect the public intcrcsl associal-
cd with the shorelines of the state ~hile. al the
lime. recognizing and protecting private properly righis
consistent wilh the public intercsl. There is. Iherefor.
clear and urgent demand for a planned. ratiui.~l. :~nd
concertcd cffurt. jointly perfi~ni~cd b> federal. sl;Hc. and
local governinghis. :o i~rcvent t]lc inherent }1;tr111 ill .~
uncoordinatcd and pieccn~cal dc~cjopll~c~ll t>l the
shorelines.
It is lhe policy ,~f the shale to pruvidc for lhc n3anagc-
incnt of the s~orc]ings of the :dale bx i¢.~p'~i;~:. ~',,r
Fostering aJl r:j~,tr':lbb: .~nd app",mrh'.t.: u.~- i l=,~
is &signed t,~ insure ~h~ dc%ch~pmcn~ ol these q~orelinc~
in a manner ~hich. '.~hilc ajlox~ing I'.r hn~ilcd reduclion
~fi righi'. ~ff the r~u~'iic itl Ihc navim:bi~ '.'.ulcrs. %~ill pro-
nhnc :~nd enhance ~!.c rub}it ir.'.d'cst. This policy con-
:c:nph~:cs pn,~cc:ing agninsi ;xtvc~-;c c!fcc::~ 1o the public
hc;:hh. the L~nd ;rod its vcgctali,m :tnd wildlife. 3nd ~hc
wa~crs ai the shale .~nd their aquatic ~ifc. while protcG-
~n:.~ gcncratl~ public rights or navigation and coreliary
ri:.h:~ inc,dcnl:~j thereto.
t'l-
,..c icgiqJturc d~ciarcs Ihat Ihc intc;cst of all of/he
pe>[dc qlall I)c paramou:H ~n lhc nlanagcmcnI of shore-
Jinc~ of .:rate v.,idc s~gnil'~cance. The department.
.~dop~ng g,~i,Zcl~nc.~ for , horclincs oF stage-wide signill-
cagcc. ;,.gd Jo~d: 3ttvcl'llli~cllt. in developing master pro-
gr::m~ i',n' shorelines. oi' da~c-wide significance. 4roll
give nrcfcrcncc ~o uses in the lellowing ord:r of F:'cfcr-
c:Kc d. hich:
I !} ]~ccogi~i/c Litill pratccl lhc state-wide inleres~ over
2~ Pr~:.crvc =.he :1;~{llfi~l charat~cr of the shoreline:
I~ Result in k',m.~ term ,~w?r short tc:'m benefit:
-i i Pnd~d the rc,.,urccs and ecology af Ihc shoreline:
~'i Jr;,.'~c.t,t~ pUbliC a' cCs~ Io publiclv owned arca:,
']ic
i(,) ~lIk'l't::I%,: FO.'iUiIIh:'LII ~q~p,,rlunitics I'nr the public
~T~ Jh~idc For '.irk ~H}lcr ~:Jcnlcill L!~ de:fined in
I;1 ~Jlc illlt~E.n]cHl:ili~] tfi IJl~. pt']icy the publick
:..:ur:,} -.h,,rc'.~neh ,,j' lhc >;t:;k' .-h:~lt ~e preserved !,.~ ~hc
,rcj[c.~ 'cxlcnt Ic.....il',lc ctm.iMcn. with the over:l;] hem
:::'c c;.t <fi' lhc state ,:i:d the ,,-,c~ph' gencr:t{b'. ]'o th,~ end
v,,:s d,nH bc prcf,.:rcd ,~hi~;: ::r.: cc,:Ns~ent ~it',~
'.'ir,mn',cn',, ,,' 'Ire tlr~id:l~ Id :)r dTpcn~ut ll?Ofi LISt OF
',[,tlc'>: %m~rclinu..k~crati~,ns Of lhc qLtt :r:~i condilicn
::;c ,h,~F,'.,nc, ol the ,;tat,s, in tl:,~:.,c ~{mj~cd ihz,tancc:,
rc.~.dcncc.. pt-I,, sk:~rc~;nc rccr,:'tt{o~a~ t~s':s
:';:t not ~r;,itcd l:' ;turks.. T; .~:'in3~. pier:,. and ott~Lr im-
[:rt)vcmcn:s t,u ;~:, :t}uz~ pl~h]~c ao'css to shc~reiinc, oF the
-,:,it,.. ~r,~t::,~,':il ;:3'C. c:mmcrcial developments whic}' :trc
F..~rllcn~:,:l'~ ~icpt:n,~zn~ m~ their i.wit~orl o~ OF tl::c 05 the
-.h~cci~l,.:. ,f [],u t.~L' .nd nthcr dt've]{H mcnt that x,i]
z'r,n:dc ::rl ~,gpo~t;:;h', !',,q' <tzbh~.tnti.ii nunlbcr,; ,~'
p,. npk: ~,~ cni{~} ~hc sh,,i'u:i;;:"- ,)r l};c
Pc~,.q:t~.d ,l,-.~:, iT, tilL: .h{,rc:i:ws ~f' the ~t ,to sh:li]
d.z .i,2~: ',~ ::,.~{ c~m'z~u tc~i in :~ m;.; :,c" lo iAini;:liTc.
;,:~,, 'r::c: ,'nI. ,.::'. r:-,~Jla~,[ Ji~lIU'):l: i~' thC ccojogy
'.';iih t~,..' p;; ~;.. ,: ' ,~1 Ihc ,x.;t..', i P')~I ex ,, c 286 5
EXHIBIT "D"
Urban Environment (WAC 173-1 6-040(4)(b)(iv))Th.e
~ective of the ur03n environment ~s to ensure optim~.,~.
...tilizs. t!on c-f ~.%oreiines .v. Sfin ,jrLs~!zed cr~as
pray!cling ~er intensive pubiic use ~:nd Ly :nancUing
.:~evc}cpment s3 that :t enhances and raGinto:ins shore-
?ines ~or :: multiplicity '-; urban uses.
The dr:an environment is an area of nigh-lrtens[ty
~and-use nduding residential, commercial, and in-
dusmc:: aevelopmant. The envTrs, nment does not neE- Residential Development
essar~ly 'r:c!ude a!! shorelines ,.v;~h~n an incorporated
c;f,/, but =s particularly s,uitable to those areas pres- (WAC
er~tlv s.b~ected to extremely intensive use pressure, as T~m following guidelines shedid be recognizecj
,~'~el~ as :;rec;s planned to accommodate 'urban expan- t~e c~evelopmcnt of unv subch,~a:::on on 1he shcreiines
s~on. Shorelines planned for future ur~:'sn ,~xpansion of the state. To ~he exter- possible. planned
shou[c~ present ~e.~ biopnysical ~rn~tat;ons %r urban deve;rpments :some~'m.::s cai~ed cluster deve',,a~men.s)
nctiv,t~es and not na~. a high priority far designation shou::~ be encouraged withm the shoreline area.
as an alternative en',,;ronment. ?.;ith;:~ Dlar::~ed ur~ deve cpmea~s, subslant]el Far-
t~ons of ;and c~e reserved as open space or recrca-
Because shorelines suitable Ear urban uses are a
limited reso...rce emphasis sheaid be given to devel- ~ one' areas for the ioint u~e of ~he occupants of the
opn:ent ..,,thin already developed areas and pan c ~- deve.opment. Th:s' )and may ~:e pray;dad by aibwing
l;sr;y *o ."c~er-dependent industric~ and cc.~mercial houses To be nic:cc-d on ,ors smaller th.s:n fi-~e legal
mmimum size Ear normal sUbciiv[s~ons, as long ss the
uses r'Z'iL ' ""j FrSr~tC~ or, nov gable waters.
tatsTI number of cNvellings ~r~ the planned'unit devei-
'.n the master program, priority is also to be given apmem~ does nat excee~ t~,e tota! allowable in a
to, r;~amnzng Ear mublic v sual and ohysical access t.? regular subdiv~s,o~. Guidelines:
water ;n the urban environment. identifying needs (c'~ Sum~ivisions should ~e c~eslgned at a level
cn:i ::cmr:'n3 For the acquismon of urban land %r density of si~e cever.acje anO of occupancy
pe~mar-mt oubl~c access to the ~.ater ~ the urban compatib:a ~.ith the shy'sicc, lca ..... '-;~;ties
nn,.;rsr,~'~'unt shouid be accomplished ,n the master i:me s~:are,inecmd v.'ater.
progrs~rn. To enhance waterfront and ensure marx,mum (b) Subdivisions should ~e designed so as ?o ode-
pul::: ~,se. maustr~al and commerciaj facilEties should q..~aL-.;y proted ~he water cmc] shoreline aes-
be d~igned to permit pedestrian .waterfront activities. Therio character,sties.
Wl~e,'e practicable. various access points ought to be (c~ Subdividers should be encouraged to
~rnk~d to nonmotorized transportation routes, such as public perlesheen access to the shorelines
bizycle and hiking paths. within ~he su:div~sion.
~,-:~ Residential deveJ,spment aver water s'moald not
Le permittea
(e~ Fic. ating homes are to Be lacate~ as moora=e
;rues de~!ing with marinas, piers, and
Commercial Development ~n plann~nzj :at :;33~Tng homes. local
(WAC 173-!6-060(4)) pants sk. sulcj ensure tk,.'~ waste dispasn! arsc-
t~ces r;~eet Focal and state health regu,cho~s,
Commercial developments are ~hose uses which theft the homes c'.re r,o';' %aceted over
are involved in wholesob cmcj retail trade or business productive ~sh food zreas. and t~at the homes
cc';ivitFes. Con~me:'cicij developments range from srra~! are ,ccc:t.~c~ to be cor:-~p~tia~e w~H~ ~P~e ;'-~;emt of
ng~. Commercial j,-~.'ejopmen~s cite i,~Tensive users of ~:'. ResidentEel ae,,'e~.a~:ers sh;au~d ba reci,..~rec~ to
spa., e bocausa bj extensive floe,' .reds ~:",d r:ecause of ~mc~care how fie',. ?Jan to ~reserve shor~ ,23e-
Fac;.;1,?s, such as parki;-g necessary t.~ sc4'.':rg them. tat;on c~r~:~ c:.qtroj erosion during camsrr_~cT['Dr.
G:', L;..~es: (g} Sewage ci~s. pos:-:j fac,;ities, as v...elt ~s .va*er
(a) A ~ough many commercia~ de.e~ .proems b~n- supply Ec, c;iiT,~s, must be provided ~n accsr~-
ufit by a shoreline location, ~r;e,.r,; :kould ba anc,~ ',%,i~h caomre::~c:te st:to crd ~ccal hecjti-
el,yen '~" -,::~ cammercic:~ e me,?s ~...::.~r~ reg,ufc~r,s~s. ~.~2rm 'jrc,~nage Ec~cij:,t)as should
.'m.:'er Lse o~ ~i':: snor,J~;mes of ~he state and ',ys~ems.
Phone B76-3[~[~3 "\ .~.iW~.~.~,~.'=' Sept, iS, 1.q.Si
217 Sidney Avenue
Washi
Port Orchard, rigton
DESCt:IPTION
HEAPTHSTONE ~.~OTE L ADDITION
That portion of the following described tract which' ]~'s w~th~n Z00 feet
of ordinary h~gh water as defined ~n RCW 90.58.030.
Th,'s Do~ton of Government Lo~ 5, S~ction t6, Townsh~.p
2l~ North, Range I East, W.M., being a portion of thsso certain
t2acts cr parcels of land described tn a~ods recorded under
Auditor's Fi].c numbers ~Gi32G and 731539 more particu].arlv
describ~d as follows:
COM~,~CING at th~ Southeast corner of suld Section 1(~,
which is a cased monument, sa~ corner b~.ng form~.rly marked
. by a brass monument imb~dd~d in conc.r~to in the center line of
Oyster Bay A~enu~; thence N1~08'30''E along the 'East line of
Section 16, a distanc~ of 1720.68 foot; thence NS~.BV'OC"W 22~.~Z
feet to a concrete monument on the North margin of Kits~,~ Way,
forr, erly Primary Statc Highway No. 2]., the TY~I~ P('~iNT O~, ~EGIN-
b~!NG~ thenc~ Nl~O~'~O~'E along an Agreement Lin~ us d~sc.r~bc~
instr~ent under Auditcr's F~ie ~lo. 9~:~OL~'~ a d]st',ance s~'
foo'R to a concrete ~nonmnont; thence continuln~ :~!sn,:i said
~ ~ nine N~I°OO~OO"E ~o 60 frost to a concrete ~,onument: thenc~
leave said ~-,~reeme~t line and run NSO~hh'oo''W 146~20 feet;
c~qc'~o~()O'W along a ~n~ which is parnllcl ...~ith and }~.,:"
Ecsterly of, when measured at right an~les~ of th~ conL~'.!!n,-~
a vacated road described in Kitsap County Cemmisstoncr's
, ..~ ,O~.'~
?!o. 6 on Pg- 23, for a distance of 57 12 ~',~,",t; t'hor,co ~O6r'''~ '.'~
89.T~2 feet to the south?fly terminus o1' said vacated rcL, d
which the centerllne thereof Rears N.5(~°0[I.'5'2''!~' 15.1! feet;
°.I! 'eeet to a point on the 'Easteriv margin
of Lows:? Oyster Bay ~9ac]; thence S9026'(jq)''W alon&l sale g.ar~in
feet; thcnc~ continuing along said mar,~:n S[~23'CO''vJ 3?.'F'~.q feet
the ~f'orc.:~ai4 North m.~crgin oi' Kits:-~p Wn}[; ther~co S::;f~c3V',:.'.E,"E
said ~Yor'Ch ;;:~rf~lq 211.22 foot to the t:ruo p~int of ~,~z ,.
The ab2,.'o described tract contains a ?ci'tjoa oJ' '2rac~,s
and ].~3 of tho ~nrecordod plat of Bements Water Front
;.,,, *.
.',v '
~oc>.:.-.t. -~...~ ., ~ W..~.~'.!.v~.tO.~
That portion oF 'tl"~,e fol'i'~:GT~G~~'~'iI~e~i'''va'~'('~;ihi'Tii'':iF'~s ~,.~'it. hi¥~ 200-feet
of ordinary high water as defined ill RCW 90.58,030.
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ATTACHMENT C