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HomeMy WebLinkAbout2678RESOLUTION 2678 A RESOLUTION TO ESTABLISH A MORATORIUM ON THE DEVELOPMENT OF DOCKS AND PIERS WITHIN THE CHANNEL BETWEEN OYSTER AND OSTRICH BAYS WHEREAS, the channel between Oyster Bay and Ostrich Bay is physically narrow and shallow, especially at low tide; and WHEREAS, the channel between Oyster Bay and Ostrich Bay is an area of unique and hazardous characteristics and physical limitations that are incompatible with intense development, including the construction of docks and piers; and WHEREAS, the Planning Commission of the City of Bremerton adopted Resolution 97-2 on October 21, 1997 recommending the establishment of a special shoreline environment designation to prohibit docks and piers within the channel between Oyster Bay and Ostrich Bay due to navigational hazards, aesthetic impacts and environmental and public trust issues; and WHEREAS, an environmental checklist was prepared and a Determination of Non-Significance was issued on May 7, 1998 consistent with the requirements of the State Environmental Policy Act; and WHEREAS, the Planning Commission held a public hearing on the proposed prohibition on May 19, 1998 and adopted Resolution 98-1 recommending proposed amendments to the City of Bremerton's Shoreline Master Program to prohibit docks and piers within the channel between Oyster Bay and Ostrich Bay; and WHEREAS, the City Council held a public hearing on August 12, 1998 and approved Ordinance 4634 at that the conclusion of that hearing to amend the Shoreline Master Program to prohibit docks and piers within the channel between Oyster Bay and Ostrich Bay; and WHEREAS, a preponderance of testimony at the August 12 public hearing establishes that there are navigation and safety issues by allowing piers and docks to be located within the channel; and WHEREAS, pursuant to state law, the proposed amendment to the City of Bremerton's Shoreline Master Program was submitted to the State Department of Ecology on August 26, 1998; and WHEREAS, state law does not specify the time limits for the Department of Ecology to begin the review process for an amendment to a shoreline master program; and WHEREAS, to date the Department of Ecology has not issued in writing a notification that a complete submittal has been received from the City of Bremerton on the proposed amendment which was not anticipated by the City; and WHEREAS, the review process will not commence until said notification is issued by the Department of Ecology and that the review process requires a minimum of 45 days to complete; and WHEREAS, without a moratorium, applications for piers and docks within the channel can be made and become vested contrary to the expressed policy direction of the City Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Bremerton: 1. Findings. The above recitals are adopted as Findings of Fact. 2. Conclusions. Based on the findings and the extensive city records in this matter, the City Council of the City of Bremerton concludes: a.) The issuance of permits to allow docks and piers within the confines of the channel between Oyster Bay and Ostrich Bay as defined on attached Exhibit A poses a potential danger to navigation and a threat to public satiety; b.) It is in the public interest to prohibit the construction of any dock or pier within the confines of the channel between Oyster Bay and Ostrich Bay; c.) The completion of the review process of Ordinance 4634 amending the Shoreline Master Program to prohibit docks and piers within the channel between Oyster Bay and Ostrich Bay by the State Department of Ecology is unknown at this time. d.) The vesting of applications received prior to State Department of Ecology approval of the proposed program amendment may result in the installation of piers and docks within the channel that pose a public threat and that therefore an emergency action is required by the City Council to prohibit dock and pier applications until the Department of Ecology has completed its review. 3. SEPA Compliance. Pursuant to Bremerton Municipal Code Ch. 21.12, and Washington Administrative Code 197-11-600, any agency acting on the same proposal shall use an environmental document unchanged. The City Council finds that SEPA review of the proposed permanent regulations has been conducted, as set forth above, and that this moratorium is the same proposal for purposes of environmental review. 4. Imposition of Moratorium. A moratorium is hereby declared with respect to the acceptance of applications for and the issuance of any permit or approval currently required to construct or install piers and docks within the channel between Oyster Bay and Ostrich Bay as defined on attached Exhibit A. 5. Effective Date and Time Limit. This prohibition shall take effect on November 5, 1998 and shall terminate six (6) months from the date of this approval or until an amendment to the City of Bremenon 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 4th day of November, 1998 David D. Farr, President OSTRICH BAY -' SCALE: 1"= 500'