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HomeMy WebLinkAbout4829ORDINANCE NO. 4829 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapters 3, 4, and 5 of the City of Bremerton Shoreline Master Program relating to downtown waterfront site development standards regarding shoreline setback, view corridors and height restrictions in the Downtown District. WHEREAS, the current provisions of Chapter 3 of the City of Bremerton Shoreline Master Program relating to environment designations and requirements provides that , downtown waterfront site development standards be regulated by the Downtown Waterfront Urban Renewal Plan (DWURP); and WHEREAS, the City anticipates significant development in the downtown waterfront area in the next few years; and WHEREAS, the downtown waterfront area is a unique shoreline area in that it encompasses vehicular and pedestrian traffic, including Kitsap Transit and other local and regional transportation systems connected to the state ferry system; and WHEREAS, the development regulations set forth in the DWURP are outdated and not consistent with the City's plans for development of the downtown waterfront area; and WHEREAS, the City Council desires to ensure optimum utilization of shorelines within the downtown waterfront area by providing for intensive public access and use and by managing anticipated development so that it enhances a multiplicity of uses for the downtown shoreline environment; and WHEREAS, the City Council, in ensuring optimum utilization of the downtown shoreline, desires to encourage pedestrian waterfront activities and to enhance visual and physical access to the shoreline environment for all citizens through various means of public access; and Shoreline Master Program WHEREAS, the City Council, in a companion ordinance, Ordinance No. 4828, is repealing the Downtown Waterfront Urban Renewal Plan and the City Council desires to amend its Shoreline Master Program to allow development of the downtown waterfront in accordance with new development standards and regulations consistent with recent amendments with the City's Comprehensive Plan; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 3, Section A of the City of Bremerton Shoreline Master Program relating to shoreline environment designations is hereby amended to read as follows: A. SHORELINE ENVIRONMENT DESIGNATIONS City shorelines are classified into specific environment designations. These designations are based on physical, biological and development characteristics of the shorelines. The Shoreline Management Act represents state-wide concerns and is based on the public trust doctrine protecting the rights of the people of the State of Washington. Therefore, shoreline environment designations take precedence over local zoning and comprehensive plan designations. The entire Bremerton shoreline is designated an "Urban" environment. The Shoreline Management Act Guidelines state: The objective of the urban environment is to ensure optimum utilization of shorelines within urbanized areas by providing for intensive public use and by managing development so that it enhances and maintains shorelines for a multiphcity of urban uses. Since Bremerton's shoreline is almost entirely developed, except in its utility lands, with some type of residential, commercial, industrial or recreational use, it was beheved that an Urban designation was most appropriate. Within this main designation, several sub-designations have been made. All designations extend 200 feet landward of the Ordinary Itigh Water Mark (OHWM), unless otherwise described below. The Urban environment is divided into the following sub-designations. 1 tThe descriptions of the environment designations, except for the Downtown Waterfront designation, are excerpted from the City of Bremerton Shoreline Management Master Program adopted in October 1977. The Downtown Waterfront description 2 Shoreline Master Program Urban Conservancy The Urban Conservancy designation is for areas that are currently or intended for recreational use and for areas identified as having biological or physical limitations or other unique or hazardous characteristics that are incompatible with intense development. Activities permitted in these areas are intended to have minimal adverse impacts upon the shoreline. Urban Residential The Urban Residential designation is for areas which are primarily residential or intended for residential use. These areas are to maintain existing character and be consistent with that character in terms of open space, bulk, scale, and intensity of use within the guidelines of' current zoning. Urban Commercial The Urban Commercial 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 economic benefit. Downtown Waterfront The Downtown Waterfi'ont designation is a special Urban Commercial designation for the downtown shOreline area that is subject to the r~, · ,~1 DI~ Rc;:c,'~ ....... Chapter 21.02.152 BMC. The intent of this designation is to encourage development of the downtown waterfi:ont into a vital, attractive water-oriented area that maximizes oppommities for large numbers of people to interact passively and actively with the shoreline for leisure and enjoyment uses. is exerpted from the former "Designation of Environments" section of the 1989 amendments. These descriptions were inadvertently omitted from the amendments adopted in 1989 and/or 1992. Shoreline Master Program Urban Industrial The Urban Industrial designation is primarily for those areas which are heavily developed for industrial purposes and those which are appropriate for industrial purposes. The intent of the designation is to provide for efficient utilization of suitable shoreline areas for water dependent commerce and industry consistent with the Shoreline Management Act of 1971, as amended. SECTION 2. Chapter 3, Section B of the City of Bremerton Shoreline Master Program relating to Common Legal Descriptions is hereby amended to read as follows: B. COMMON LEGAL DESCRIPTIONS "Common" legal descriptions provide a clear basis for identifying boundaries of environment designations. These descriptions typically rely on both man-made and natural features (i.e. roads, bluffs, dikes, etc.) to delineate boundaries. Where there is a discrepancy, the common legal descriptions take precedence over mapped boundaries. Certain areas expected to be annexed into the City in the near future have been pre-designated in order that the City Master Program will be effective upon annexation. These areas are described in italics in the common legal descriptions. Urban Conservancy The following areas are designated Urban Conservancy (map designations precede descriptions): City Parks The following Urban Conservancy areas are under the jurisdiction of the City of Bremerton Parks Department: CS-1 Kitsap Lake Park -- A city park northwest of Harlow Drive off Price Road, at the south end of Kitsap Lake. Much of the westerly part of the park is within the Kitsap BOg Natural System Designation (described later in this section), in which case regulations for the Bog apply. The western portion of the park is currently outside the city limits, but is expected to be annexed in the near future. 4 Shoreline Master Program CS-2 CS-3 CS-4 CS-5 CS-6 CS-7 CS-8 NAD Marine Park -- An undeveloped city nature area park located at the north end of Shorewood Drive, along the west shore of Ostrich Bay. Warren Avenue Bridge Landing -- A state right-of-way at the south end of the Warren Avenue Bridge, along the south shore of the Port Washington Narrows. Evergreen Park -- A city park east of Park Avenue and south of Park Drive, along the west shore of the Port Washington Narrows. Lions' Community Playfield/Manette Treatment Plant -- A city multi-purpose park located south of Lebo Boulevard between Sheridan Road and Stephenson Avenue, consisting of a playfield on the northwest and an undeveloped view area at the site of the demolished Manette sewage treatment plant on the southeast, along the northeast shore of the Port Washington Narrows. Lent Lane Viewpoint -- An undeveloped view area south of Lebo Boulevard located at the intersection of Reid Avenue, along the northeast shore of the Port Washington Narrows. Sheridan Park/Community Theatre -- The southerly portion of a city park south of Lebo BOulevard at Clare Avenue, and the Community Theatre site northwest of the park, along the northeast shore of the Port Washington Narrows. Manette Bridge Landing -- A state right-of-way at the east end of the Manette Bridge, along the northeast shore of the Port Washington Narrows. City Utility Lands The following Urban Conservancy areas are City of Bremerton lands under the jurisdiction of the Bremerton Utility Department: CS-9 Union River Reservoir -- This reservoir is given special consideration because of its vital role in providing the greater Bremerton area a safe, clean supply of industrial and domestic water. The reservoir is formed by Casad Dam which was completed in 1957. The reservoir is located approximately 5 miles west of the urbanized pOrtion of Bremerton on Utility Department lands. However, it is inside the corporate limits of the City and receives police and fire protection from Utility Department staff and the Department of Natural Resources. Shoreline Master Program CS-lO CS-II The Union River canyon was dammed by the 195 foot high Casad Dam, filling the canyon to a depth of 135 feet at the dam. The reservoir extends more than 1-1/4 miles to the northeast between the steep slopes of Gold Mountain and the Blue Hills. Twin Lakes Reservoir -- This man-made reservoir is located south of the Belfair Valley Road, west of the Gold Mountain Golf Course, in a city Water Supply Protection Area, on Utility Department lands. It is connected to the Union River by a water transmission pipeline. It has a capacity of 1200 acre feet. Anderson Creek -- This site is located at the mouth of Anderson Creek at the head of Sinclair Inlet, just east of the Gorst business district, north of S.R. 160, in a city Forest Resource Area, on Utility Department lands. The site is a former solid waste landfill that was more recently used as a log staging site, and is now vacant. The soils on the site are not suitable to support most commercial and/or industrial type buildings, and could not be used for septic tank drainfield sewage disposal systems without extensive fill. The site is about 800 feet east of a 22 acre Port of Bremerton aquatic preserve that was established in the mid-1960's by an agreement with the Department of Ecology that is expected to expire in the mid-1990's. Other Conservancy Designations CS-12 Camp McKean -- A recreational area for the use of Navy personnel located approximately mid-way on West Kitsap Lake Road between Kitsap Lake Wetlands and Northlake Way. Federal facilities are outside the jurisdiction of the City. This designation will become effective upon annexation of the area to the City. Urban Residential The following areas are designated Urban Residential (map designations precede descriptions): R-I(F) Jackson Park -- A U.S. Navy housing area located between NAD Marine Park and the city limits offthe SR-3 Austin Drive Interchange, along the west shore of Ostrich Bay. This is a U.S. Navy housing area and is outside the land use jurisdiction of the City2 R-2 Ostrich Bay-West/Oyster Bay-West -- Extends west from NAD Marine Park on the west shore of Ostrich Bay, and around Madrona Point, to the Oyster Bay Commercial area along the south shore of Oyster Bay. 6 Shoreline Master Program R-3 R-4 R-5 R-6 R-7 R-8 R-9 R-10 R-Il R-12 Oyster Bay-East/Mud Bay -- Extends east from the Oyster Bay Commercial area, along the east shore of Ostrich Bay, and along the west shore of Mud Bay to the city limits. Haddon Peninsula -- Extends northeast from the city limits at the south end of Phinney Bay, along the west shore of the Port Washington Narrows, and around Anderson Cove to the Thompson Commercial area. Port Washington Narrows-South - Extends west from the Thompson Avenue Industrial area to the Warren Avenue Bridge Landing, along the southwest shore of the Port Washington Narrows. Park Avenue -- Extends southeast from the Warren Avenue Bridge landing to Evergreen Park, along the southwest shore of the Port Washington Narrows. Traeyton Beach -- Extends southeast from the city limits along the north side of Tracyton Beach Road to Elm Street, along the northeast shore of the Port Washington Narrows. Stephenson Avenue -- Extends east from Lions' Community Playfield/Manette Treatment Plant site to the Lent Lane Viewpoint at Stephenson Avenue, along the northeast shore of the Port Washington Narrows. Reid Avenue -- Extends east from the Lent Lane Viewpoint to the Community Theatre/Sheridan Park site along the northeast shore of the Port Washington Narrows. Manette-West -- Extends south from the Campbell/Wheaton Commercial area to the Manette Bridge Landing, along the northeast shore of the Port Washington Narrows. Manette-East -- Extends south from the Manette Commercial area, around the Manette peninsula, to the city limits, along the northeast shore of the Port Washington Narrows and the west shore of Sinclair Inlet. This area will extend north of Jacobson Boulevard to the approximate extension of Cascade View Trail effective on the date of annexation (pending). Kitsap Lake -- Extends north from Camp McKean on the west lake shore, around the lake along the east lake shore to Kitsap Lake Park. This area will include the southwest lake shore between Camp McKean and Kitsap Lake Wetlands effective upon annexation of that area (pending). 7 Shoreline Master Program R-13 Sherman Heights -- Extends along the northwest shore of Sinclair Inlet approximately between State Route 3 (SR-3) and Bayview Drive extended. This designation will become effective upon annexation of the area (pending). Urban Commercial The following areas are designated Urban Commercial (map designations precede descriptions): C-1 Oyster Bay -- Extends southeast from Lower Oyster Bay Road, to the south side of Kitsap Way at Oyster Bay Road, and then northeast on the north side of Kitsap Way to the Forest Avenue intersection, along the south shore of Oyster Bay. This area excludes the parcels adjacent to the shoreline at Lower Oyster Bay Road (Lot 14) and at Forest Avenue (Lots 3 and 4), which are within the Residential designation. C-2 ltighland -- Extends south from the intersection of 13th Street and Highland Avenue, then south past the Manette Bridge to Sixth Street extended on the east side of Washington Avenue, along the west shore of the Port Washington Narrows. Small portions of the area west of Highland and Washington may also be within the 200-foot shoreline area. C-3 Campbell/Wheaton -- Extends southeast along old Wheaton Way from Sheridan Park to a point just southwest of Warren C. Magnuson Way (the north boundary of the Bremerton Gardens apartment complex), on the northeast shore of the Port Washington Narrows. C-4 Manette -- Extends southeast of the Manette Bridge Landing to the intersection of Eleventh Street and Pitt Avenue, including a small area northeast of Shore Drive, on the northeast shore of the Port Washington Narrows. Downtown Waterfront The Downtown Waterfront area is located along the west shore of the Port Washington Narrows where it meets Sinclair Inlet. It is bounded on the south by PSNS; on the west by the west side of Washington Avenue; on the north by the extension of Sixth Street waterward; and on the east by Sh orelin e Master Program the Outer Harbor Line. The Downtown Waterfront designation is divided into two sub-areas: Upland (DW/U) and Marine (DW/M). (Map designations precede descriptions.) DW/U Downtown Waterfront/Upland -- The area landward from the OHWM.~ Rcncwal Plan. DW/M Downtown Waterfront/Marine (Over-Water) -- The area waterward of the OltWM. It includes Urban Industrial The following areas are designated Industrial (map designations precede descriptions): I-1 Thompson Avenue -- Extends east from Marguerite Avenue extended northward before it tums east to Pennsylvania Avenue extended northward, along the south shore of the Port Washington Narrows. 1-2 Sheldon Boulevard -- Extends south from Evergreen Park at Fourteenth Street to the intersection of Thirteenth Street and Highland Avenue, along the west shore of the Port Washington Narrows. A small portion of this area between Fourteenth Street and Pacific Avenue extends west of Sheldon Boulevard. I-3(F) PSNS [1-3] -- Extends west from the Washington Street Ferry Terminal west of First Street to the city limits on Charleston Beach Road south of Preble Street, on the west shore of Sinclair Inlet. The entire area is within the federally owned Puget Sound Naval Shipyard (PSNS), and outside of the land use jurisdiction of the City. SECTIONS. Chapter 3, Section F of the City of Bremerton Shoreline Master Program relating to environment-specific regulations is hereby amended to read as follows: F. ENVIRONMENT-SPECIFIC REGULATIONS Urban Commercial Environment 1. Urban Commercial Environments Landward of High Bluffs (As indicated on Shoreline Environment Designation Maps): a. Permitted: Water-dependent uses; water-related uses. Shoreline Master Program b. Permitted subject to Conditional Use Permit: uses. Other Urban Commercial Environments: a. b. C. Non-water-oriented commercial Permitted: Water-dependent uses; water-related uses. Permitted subject to Conditional Use Permit: Water-enjoyment uses.2 Prohibited: Over-water non-water-oriented commercial structures. (This does not include marine or public access uses.) Downtown Waterfront Environment 1. Downtown Waterfront Environment:, Public access shall be provided in accordance with tke~...,,.,w._.~,,...,.,.,~^~'~ r~ ..... , ..... m~,~..~..~,,, ~'"-'.,' ,.,,~ TT..I..~ D~,,~I DI~Y'~ ...................... hapter 21.02.152 BMC. 2. Downtown Waterfront/Upland: a. PenTfitted: Water-dependent uses; water-related uses; water-enjoyment uses, as defined herein, which may include museums, restaurants, and mixed-use commercial. b. Permitted Subject to Conditional Use Permit: Commercial parking lots, consistent with the following criteria: 1) The parking lot is designed and managed for use by visitors and patrons of uses within the downtown waterfront, and not available for employee parking. 2) Parking stalls and drives are set back at least 25 feet from the OHWM. 3) The site plan features significant amenities and access to the shoreline. 4) The permit shall expire unless renewed every five (5) years. Downtown Waterfront/Marine Environment: a. Permitted: Water-dependent uses; water-related uses. b. Permitted subject to Conditional Use Permit: Over-water restaurants; aquariums; floating maritime museums (e.g. ships open to the public for tours); other water- 2Since they are not specifically prohibited, non-water-oriented uses may also be permitted by CLIP where not over the water. 10 Shoreline Master Program enjoyment uses, as defined herein: PROVIDED, Approval of such uses is contingent upon compliance with the following criteria: 1) The use provides an opportunity for a substantial number of people to enjoy the waterfront area. For restaurants and aquariums, access to and on the seawardside of the structure shall be provided for patrons and the public. 2) Large ships open to the public for tours should be located north of Burwell Street, to prevent degradation of views fi.om the downtown business core. 3) Restaurants and aquariums shall not exceed seventy-five (75) feet in width, and not exceed twenty-five (25) feet in height, measured fi.om the Ordinary High Water Mark (OHWM). 4) All structures shall be designed to be attractive and unobtrusive. 5) The structures shall be built on pilings or float. Landfill waterward of the OHWM is not allowed. 6) The use is compatible with water-dependent uses of the area. Evaluation of compatibility will consider: a) Demands for the site by water-dependent uses (e.g. ferry terminal, foot ferry, shipyard); b) The effect on the usefulness of adjacent areas for water-dependent uses; c) The probability of attracting additional desirable water-dependent or undesirable non-water-dependent uses; d) Subsidies or other help offered by the developer to support nearby water-dependent uses. 11 Shoreline Master Program Development Standards The matrix and illustrations which follow outline Master Program development standards for various Environment and Natural System designations. These fignres 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 private 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.) SECTION4. Chapter 3, Table 3-2 of the City of Bremerton Shoreline Master Program relating site development standards is hereby amended to read as stated in Exhibit A attached hereto. SECTIONS. Chapter 4, Table 4-1 of the City of Bremerton Shoreline Master Program relating to public access requirements is hereby amended to read as stated in Exhibit B attached hereto. 12 Shoreline Master Program SECTION 6. Chapter 5, use category "Commercial Development" of the City of Bremerton Shoreline Master Program is hereby amended to read as follows: COMMERCIAL DEVELOPMENT Applicability Commercial developments: Those uses which are involved in wholesale and retail trade or business activities. Commercial developments range from small grocery stores to high-rise office buildings, and include hotels and restaurants. Commercial development does not include any activity for which a Home Occupation Permit is issued pursuant to the provisions of the Bremerton Zoning Ordinance. Goal Encourage adequate commercial development of the k/nd that can be integrated with the shoreline environment and can benefit t~om a shoreline location. Policies 1. Commercial development in shoreline areas should be water-dependent, water-related, or water-enjoyment uses. In general, non-water-oriented activities should be located upland, away from the shoreline and landward of the top of the bluff. 2. Locate commercial development to maximize the enjoyment of the shoreline for a substantial number of patrons, or for the general public. 3. Locate parking, circulation, and other elements of a commercial development so as not to interfere with visual quality and visual or physical access to the shoreline. 4. Parking facilities should be placed inland, away from the immediate water's edge and recreational beaches. 5. Development over the water which interrupts normal public use of the water surface should be discouraged, except when such development is shown to be an integral part of a plan promoting public access. 13 Shoreline Master Program View Protection: surrounding area. properties, public roadways water. Public Access: Design commercial development to be aesthetically compatible with the Structures should not significantly impact water views fi.om upland or other public areas, nor views of the shoreline fi.om the a. Require commercial development to provide physical and/or visual public access to the shoreline or other opportunities for the public to enjoy the shorelines of the state. b. Design resorts and commercial recreational developments to maximize public access to the shoreline and water areas. c. Design commercial developments to provide maximum public access to the shoreline and water areas, unless it is demonstrated to be physically infeasible or unsafe. Regulations 1. Water-oriented commercial developments shall be permitted on the shoreline in accordance with Table 3-1 - Shoreline Use/Activity Matrix. Non-water-oriented commercial developments may be permitted by Conditional Use Permit when in accordance with said Table 1 and other provisions of this Master Program, only where it can be demonstrated that: a. A water-oriented use is not reasonably expected to locate on the proposed site due to topography, surrounding land uses, physical features, or due to the site's separation fi.om the water. b. The proposed use does not usurp or displace land currently occupied by a water- oriented use and will not interfere with adjacent water-oriented uses; and c. The proposed use will be of appreciable public benefit by increasing public use, enjoyment or access to the shoreline. 2. Commercial uses that are proposed for shoreline locations will be evaluated individually for their visual impact, waterfront relationship to the shoreline, and potential to enhance public access, direct and visual, to the shoreline. 14 Shoreline Master Program o o o Parking shall be upland of the associated use whenever possible, and located, designed and screened so as to have minimum visual impact. When parking or circulation elements must be located adjacent to the shoreline, they shall be designed to enable pedestrians access to and along the shoreline. Commercial development shall provide landscaping which is appropriate for the scale of structure and accessory use, such as parking area. Such landscaping shall consider the visual impact on adjacent properties. Public Access Requirements: Commercial use developments shall provide public access as follows: a. All commercial developments: "General public access" to the water, as specified in the Public Access regulations. b. In addition, all commercial developments on lots adjacent to the water's edge shall provide "improved public access" to and along the shoreline. (See Public Access use/activity section.) c. In Downtown Waterfront environment: Public access shall be provided in dan ith **'~ ~'~^~*~'~ T~ .... · .... ur~,~..C-.~, · T.*.~ ~, ....... ~ m~t'hapt acoor ce w ....... v ....... 21.02.152 BMC. SECTION 7. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 8. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, appro~and publication as provided by law. APPROVED by the City Council the /2 day of ~ , 2002 PASSED by the City Council the ~_~ ~ ~ day of ~~t'~. ,2002 CAROL ARENDS, Council President 15 Shoreline Master Program Approved this ~ day of CARY BOZEMAN, Mayor ATTEST: . APPROVED AS TO FORM: K~RLt~I~I~I-Ivi~¢[_J~21~r, City/dl~,l~7' ./ ROGER A. LUBOVICH, City Attorney / PUBLISHED the~ day of EFFECTIVE the,~t~_~day of OP~eq~'4CE NO. ,2007'3 K:~,LEGAL\Ordinances\Community Development~SMP - Downtown Improvement.doc 16 Shoreline Master Program EXHIBIT A TABLE 3-2 SITE DEVELOPMENT STANDARDS (Page 1 of 34_) ENVIRONMENT DESIGNATION SHORELINE VIEW HEIGHT 4 SETBACK l CORRIDOR 2 URBAN CONSERVANCY Utility Lands 25' 6 25' 3 Other 25' 60% 2, 3 25' 3 Over-Water 8 NA NA 10' 5 RESIDENTIAL Detached Dwelling Unit 25' 25-40% 2-, 3 25' 3 Attached or Stacked 25' or 15% of 30% 2, 3 25' 3 Dwelling Units parcel depth ~l Over-Water 8 NA NA 15' 5 COMMERCIAL Water-Dependent 0' 2, 3 35' 3 Water-Related 25' 2, 3 35' 3 Water-Enjoyment 25' 2, 3 35' 3 Non-Water-Oriented 50' 2, 3 35' 3 Over-Water e NA NA 35' 5 DOWNTOWN WATERFRONT ;~25,12 7 7 INDUSTRIAL Water-Dependent 0' 6 35' 3 Water-Related 35' s 35' 3 Over-Water 9 NA NA 35' 5 NATURAL SYSTEMS Kitsap Lake NA NA NA Kitsap Lake Wetlands (Upland) CUP lo CUP lo CUP lo Tracyton Beach (Madne) NA NA NA CUP = SUBJECT TO CONDITIONAL USE PERMIT · NA = NOT APPLICABLE EXHIBIT A TABLE 3-2 SITE DEVELOPMENT STANDARDS (Page 2 of 3~_) KEY [ REQUIREMENT 1 Shoreline Setback - Minimum setback for structures landward of OHVVM: PROVIDED, that an activity adjacent to a marine bluff may be subject to a special marine bluff review resulting in a greater setback. EXCEPTIONS: As provided in Bremerton Zoning Ordinance Chapter IV. Section 1 .C. Front Yards: Intrusions into Required Setbacks.3 2 View Corridor - A view corridor shall be maintained across a minimum of twenty-five percent (25%) of the average parcel width, as provided in Requirement #3 (below). a. The corridor must be in one continuous piece. b. Structures, parking areas and landscaping may be allowed within the corridor, provided that they do not impair existing water views from the nearest public street landward of the site nor from adjoining uses. 1) "Adjoining uses" are uses on property that touches or is directly across a street from the subject property. 2) The applicant shall obtain signatures of all adjoining property owners who do not object to the proposal in order to verify that a proposal will not impair adjoining water views. c. EXCEPTIONS may be permitted by Conditional Use Permit. 3 Height/View Corridor - Structure height may be increased to designated zoning district height limit if the increase does not impair views of the water from residential properties upland of the nearest public street landward of the site; and a. Either: The increased height is offset by an increase in the minimum View Corridor width as follows: Building Height View Corridor Width Under 20 feet: 25% 20-35 feet: 35% Over 35 feet:4 40% (See alSo: Figure 3-5 View Corridor Requirements; and Figure 3-6 View Corridor/Height Requirements.) b. Or: The increase is offset by maintaining comparable portions of the structure lower than the designated height limit. 4 Height Landward of OHWM - Maximum height above Average Grade Level, unless otherwise specified. 5 Height Waterward of OHWM -- Maximum height above Extreme High Water (EHW) [15.4 ft. elevation along the Bremerton shoreline]. 6 View Corridor Exception -- No Shoreline Master Program requirement; Zoning Ordinance, Dc;":ntcwn Wste.'f. rcnt Urbsn Renews! P!sn, or other applicable land use regulations apply. 3The shoreline yard is considered to be a second "front yard" for purposes of determining what intrusions may be permitted in the shoreline setback. Fences are permitted within the shoreline yard in residential zones as provided by Zoning Ordinance Section 8. "Fences and Walls" (maximum height - three (3) feet; open mesh cyclone type fence - 42 inches). 4Heights above thirtyfive (35) feet are permitted only when overriding considerations of the public interest will be served. (RCW 90.58.320) EXHIBIT A TABLE 3-2 SITE DEVELOPMENT STANDARDS (Page 3 of 34) KEY REQUIREMENT 7 Downtown Waterfront --:_ HeiRht/View CorridorA~ mgu~atad ~" r~ ..... , ..... ~^/.,+~,~,~+ ~ ~,~.~- Height a. Maximum structure heiRht shall be as provided in BMC 21.02.152(b) Development Standards (DW Zone). View Corridor a. A view corridor shall be provided and maintained across a minimum of 20% of the avera,qe site width re.qardless of structure hei.qht and shall be subiect to the provisions of 2 a.-c. above. b. in lieu of prov dinq a view corridor as specified in a., the applicant may choose either of the fo owinq means to enhance shoreline view access: 1 ) provide physical public access on the shoreline side of the site equal in area to the amount of site that otherwise would be set aside for a view corridor in a.; this physical access shall be provided as waterfront open space, terraces, decks, or similar access features open to the public at all times; or 2) pay a public access acquisition fee to any dedicated account established by the City for the sole purpose of acqu rinR and/or enhancin.q physical and/or visual shoreline access in the DW Zone throu.qh easement or fee simple title, the amount equal to 50% of the assessed value of the site area that otherwise would be set aside for a view corridor in a. above; if this fee ~s not used to acquire and/or enhance physical and/or visual shoreline access within 10 years, it shall be refunded to the property owner; or c Any combination of a, b(1 ) and b(2) may be utilized to satisfy the view corridor requirements set forth herein. 8 Over-Water Environments - No structures, other than moorage structures or public access piers, may be waterward of the OHWM. 9 Over-Water Industrial Environments - No structures, other than moorage structures, public access piers, or industrial water-dependent structures, may be waterward of the OHWM. 10 Kitsap Lake Wetlands -- To be determined as a condition of approval of Shoreline Conditional Use Permit (CUP). 11 Multifamily Shoreline Setback -- Whichever setback is greater,s 12 Shoreline Access -- Open space in the form of landscapin,q, walkways, terraces, restaurant decks, and similar features accessible to the public that enhance public enioyment of the shoreline environment is allowed as a permitted use within the setback area. To enhance access by the public to the shoreline environment, park n.q is allowed as a permitted use within the setback area when ancillary to a primary use, accessible to the .qeneral public, concealed from shoreline views1 and contained within the support structure of open space features. SResearch into early drafts of this provision confirms that the intent of this provision was for the greater shoreline setback to apply. This provision assumes that larger buildings will be located on larger lots with room for larger setbacks. This is consistent with the height/view corridor principle that taller buildings provide a wider view corridor. EXHIBIT A TABLE 3-2 SITE DEVELOPMENT STANDARDS (PaRe 4 of 4) KEY REQUIREMENT CUP Conditional Use Permit - Permitted subject to approval of Conditional Use Permit. NA Not Applicable. EXHIBIT B TABLE 4-1 PUBLIC ACCESS REQUIREMENTS (Page 1 of 2) USE ACTIVITY GENERAL IMPROVED PUBLIC ACCESS REQUIREMENTS PUBLIC PUBLIC (SUMMARY) ACCESS ACCESS AQUACULTURE F 1. Provide access or benefit to the public if feasible. ARCHEOLOGICAL & F F 1. Provide as required for associated use. HISTORIC 2. Design and manage to give maximum RESOURCES protection to resource. COMMERCIAL USES R R 1. Downtown Waterfront: In accordance with adopted Downtown Wate~ont 'Jrb~n ~Chapter 21.02,152 BMC. FOREST F 1. Provide along Shorelines of State-wide MANAGEMENT USES Significance: a. Roadside scenic view pullovers; b. Shoulder parking and pedestrian access to streams; LANDFILL * * 1. Provide as required for associated use, MARINAS R F 1. Provide along top of breakwater where feasible. MINING F F 1. Provide safe visual access when physical access not feasible. RECREATION USES R R 1. Motorized vehicular access to beaches, bars, spits and streambeds limited to boat launching and maintenance activities. 2. All-terrain and off-road vehicles permitted only where specific areas are set aside and controlled, and only when demand is sufficient to warrant such activity. 3. Golf courses: Provide public access for dispersed passive recreation. INDUSTRY USES R R 1. Provide visual and/or physical public access whenever feasible and safe. RESIDENTIAL USES R R 1. Exceptions: Multi-family developments, subdivisions, and planned unit developments of four (4) or less waterfront lots/units. TRANSPORTATION * * 1. Public Roads with Scenic Vistas: USES a. Viewpoint areas; b. Provisions for safe pedestrian and non-motorized vehicular travel through scenic corridors. SMP GENERAL REQUIREMENTS 4 - 1 EXHIBIT B USE ACTIVITY GENERAL IMPROVED PUBLIC ACCESS REQUIREMENTS PUBLIC PUBLIC (SUMMARY) ACCESS ACCESS SHORE * * 1. Provide as required for associated use. MODIFICATION 2. Dikes and Levees: Provide linear public ACTIVITIES access when in public interest. Improved public access is preferred. 3. Breakwaters, Jetties, & Groins: Provide where feasible and safely compatible. 4. Bulkheads at public access sites: Provide for safe access to the water. UTILITIES R R 1. Provide for compatible multiple use of sites and rights-of-way, including physical and/or visual access points and trail systems. WATER ACCESS AND * * 1. Provide as required for associated use, MOORAGE consistent with scale of project. KEY: Required Required Where Feasible Special Requirements as Summarized SMP GENERAL REQUIREMENTS 4 - 2 AFFIDAVIT OF PUBLICATION County of Kitsap, State of Washington No. 100038744 I, Valerie Zoller, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a tree text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: January 2, 2003and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of}37.63 amount has not been paid in full. ~ ~ .....xo x ~ ~t ~. \ ¢ ~ (Signature of Principal Clerk) S, --., }Exl:l. 05.04-04.~ ~ uns~ja~e,~:anll swom-~to~o~c me this day of January 7, 2003 Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 4829' AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapters 3, 4, and 5 of the City of Bremerton Shoreline Master Program relating to downtown waterfront site development standards regarding shoreline scthack, view corridors and height restrictions in the Downtown District.- Approved by City Council: November 13, 2002- Passed by City Council: December 30, 2002- The full text of this ordinance is available at the City of Bremerton, City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337- January 2, 2003, · #100038744-