ORD 2005-02 SMMP & SHORELINE DESIGNATION MAP AMENDMENTORDINANCE NO. 2005-02
AN ORDINANCE of the City of Bainbridge Island,
Washington, amending the City of Bainbridge Island
Shoreline Management Master Program and shoreline
designation map.
WHEREAS, the City adopted a Comprehensive Plan on September 1, 1994, which
establishes goals and policies for managing the land, shorelines and resources areas of
Bainbridge Island; and
WHEREAS, on September 19, 1996 the City adopted a Shoreline Management
Master Program (Ordinance 96-38), which took effect upon Washington State Department
of Ecology approval on November 26, 1996; and
WHEREAS, on June 11, 2003 the City adopted Ordinance 2003-25 and on
September 10, 2003 the City adopted Ordinance 2003-30, amending the City's Shoreline
Management Master Program; and
WHEREAS, on July 29, 2004 Washington State Ferries submitted an application to
amend the shoreline designation map of the City's Shoreline Management Master Program,
requesting a shoreline designation change from Natural to Urban on the Washington State
Ferry Maintenance Facility property (tax parcel numbers 26250231122004 &
26250231132003) located in Eagle Harbor on Bainbridge Island, WA; and
WHEREAS, the Planning Commission reviewed the proposed map designation
amendment on November 24, 2004 and December 9, 2004 and found it consistent with the
Shoreline Management Master Program and the Shoreline Management Act (RCW 90.58;
WAC 173-26); and
WHEREAS, on January 27, 2005 a Determination of Non-Significance
consistent with the State Environmental Policy Act (RCW 43.21 C) was published; and
WHEREAS, on January 28, 2005 a report was published documenting and
analyzing the characteristics of~ the area including the WSF Maintenance Facility and
Ravine Creek estuary and the consistency of redesignation with the City's Shoreline
Ordinance 2005-02 Page 1 of 5
Management Master Program, Comprehensive Plan, and Zoning as well as the Shoreline
Management Act (RCW 90.58) and the Washington State Department of Ecology
Shoreline Master Program Guidelines (WAC 173-26); and
WHEREAS, on February, 9, 2005 the City Council held a public hearing on the
proposed Shoreline Management Master Program and shoreline designation map
amendment consistent with WAC 173-26-100, at which time members of the public had
the opportunity to present testimony and other evidence in favor of or against the
proposed amendment; and
WHEREAS, the City Council of the City of Bainbridge Island finds that this
Shoreline Management Master Program amendment is consistent with the City's
Shoreline Management Master Program, Comprehensive Plan, and Zoning as well as the
Shoreline Management Act (RCW 90.58)and the Washington State Department of
Ecology Shoreline Master Program Guidelines (WAC 173-26); now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DOES ORDAIN, AS FOLLOWS:
Section 1. Section IV, Subsection H (Aquatic Conservancy Environment) of the City's
Shoreline Management Master Program, as adopted by Ordinance 96-38 and amended by
ordinances 2003-25 and 2003-30, is amended as follows (Note: double underline/strikeout
indicates inserted/deleted text):
H. Aquatic Conservancy Environment
The Aquatic Conservancy environment includes marine areas seaward of the
ordinary high water mark (OHWM), normally designated Aquatic, that contain
unique ecological and cultural features which the City would like to preserve for
the public benefit. All uses in the Aquatic Conservancy environment are
subordinate to the protection of natural systems.
Purpose
The Aquatic Conservancy environment is intended to preserve those portions of
the marine waters of the City whose existing natural state is relatively free of
human influence, or whose resources, biological diversity, or other features are
particularly sensitive to human activity, or whose unique, historical,
archeological, cultural, or educational features merit special protection.
A number of separate criteria are required to define the diverse character of
Aquatic Conservancy regimes. Tidal lagoons and sensitive portions of tidal inlets
will require protection in terms of water salinity and quality, sediment quality and
quantity, vegetative native vegetation zones on adjacent shorelines, and remaining
areas of native salt-tolerant vegetation. Other regimes, such as aquatic vegetation,
have similar requirements. The Aquatic Conservancy environment requires
Ordinance 2005-02 Page 2 of 5
severe restrictions on the intensity and type of permitted uses to maintain the
integrity of the shoreline environment.
Designation Criteria
Aquatic Conservancy has '"-^~-~ four. regimes. An area is designated Aquatic
Conservancy if it fits any regime description, whether or not it is mapped as such.
All ~ fo___~ regimes shall be considered environmentally sensitive.
Regime 1: Tidal lagoons
Bodies of saline water (salinity greater than [>] 0.5 parts per thousand)
with a constricted or subsurface outlet that is subject to periodic, but not
necessarily daily, exchange of water with Puget Sound or a tidal inlet.
The connection between the sea and the lagoon may be subsurface through
permeable gravel or sand berms. The upland boundary of the lagoon shall
be the ordinary high water mark (OHWM). There are two tidal lagoons
currently identified on the Island, "Tolo Lagoon" located in Sections 17
and 18, Township 25 N, Range 2 E, and "Battle Point Lagoon" located in
Section 18, Township 25 N, Range 2 E.
Regime 2: Salt marshes and mud flats in tidal inlets
Saltwater bays and related intertidal areas subject to the daily influence of
tides where they support salt-tolerant vegetation and/or exposed mudflats.
Tidal inlet areas should be designated Aquatic Conservancy if they meet
either Criterion I or II below. Only those areas of Aquatic Conservancy-
designated shorelines which meet one of those criteria for the environment
will be subject to its policies and regulations; the map is a guide but the
designation criteria prevail.
The Aquatic Conservancy environment shall extend from the OHWM to
six (6) feet below mean lower low water 0VILLW). If the inlet is less than
six hundred (600) feet wide, or less than six (6) feet deep at mean lower
low water (MLLW), the resource should be considered to be a single
system encompassing both sides and the channel. In these cases,
boundaries should be drawn from the OHWM to a line perpendicular to
the average direction of the tidal flow where the criteria are no longer met.
Criterion I: The area between the OHWM and MLLW that provides a
habitat for at least one quarter (1/4) acre of salt-tolerant vegetation.
Vegetated patches may be smaller than one quarter (1/4) acre, but the total
vegetated area must be at least one quarter (1/4) acre.
Criterion II: At least one quarter (1/4) acre of exposed flats is exhibited
between ordinary high water (OHWM) and mean lower low water
(MLLW) whose sediments are at least thirty (30) percent muds.
Ordinance 2005-02 Page 3 of 5
Parts of tidal inlets that do not fit either criterion, and do not fit other
regimes of Aquatic Conservancy environment, shall be designated
Aquatic.
Regime 3: Marine vegetation
Areas seaward of the mean lower low water (MLLW) that support a
significant community (at least four thousand square feet [4,000 square
feet] of kelp, eelgrass and/or other vegetation in sufficient quantities to
provide special value as habitat for marine life.
Regime 4: Other areas
Areas, as designated through the SMMP amendment process [Section
VII(M)I, whose existing natural state is relatively free of human influence,
or whose resources, biological diversity, or other features are particularly
sensitive to human activity, or whose unique, historical, archeological,
cultural, or educational features merit special protection. Designation
under this regime shall be based on a report documenting the presence~
function, and distribution of the resources in the area to be designated.
The City shall map the limits of the designations with assistance from the
Washington State Departments of Ecology, Natural Resources, Fish and Wildlife,
and other cooperating agencies. Any area in which actions have been taken under
an approved permit to create, restore, or enhance characteristics of any of these
regimes shall automatically be designated Aquatic Conservancy. Where there is a
conflict between the map and criteria, the criteria will prevail provided a report is
prepared by a qualified professional verifying that the map is in error. The report
will be the responsibility of the party requesting the map change.
Management Policies
1. Uses and activities which would potentially degrade or significantly alter the
natural character of the shoreline should be severely restricted or prohibited.
2. Limited access should be permitted for scientific, historical, educational, and
low-intensity recreational purposes, provided that no significant, adverse
impact on the areas will result.
3. Uses which are consumptive of physical, visual, and biological resources
should be prohibited.
4. Physical alterations should only be considered when they serve to protect
significant, unique, or highly valued features which might otherwise be
degraded or destroyed.
5. Uses and activities adjacent to shorelines designated Aquatic Conservancy
should be compatible with and not compromise the integrity of the Aquatic
Conservancy environment.
6. Native vegetation zones should be established to protect the functions and
characteristics of the areas. (See Section III, General Policies and
Regulations, subsection D, Environmentally Sensitive Areas.)
Ordinance 2005-02 Page 4 of 5
A management study of each area should be conducted with participation by
appropriate state agencies and residents of each area to determine possible
refinements to the adopted regimes, changes in the boundaries of the areas
included in the Aquatic Conservancy environment, and inclusion of additional
management strategies.
Section2. The Shoreline Management Master Program shoreline environment
designation map is amended by changing the shoreline environment designation of the
Washington State Ferry System's Maintenance Facility property (tax parcel numbers
26250231122004 & 26250231132003) from Natural to Urban and by changing the
shoreline environment designation of portions of the Ravine Creek estuary from Aquatic
to Aquatic Conservancy, as drawn and described in Exhibit A.
Section 3. Severability. If any section, sentence, clause or phrase of this ordinance
shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any
other section, sentence, clause or phrase of this ordinance.
Section 4. Effective Date. This ordinance shall take effect on and be in force five days
from and after its passage, approval, and publication as required by law, or upon the date of
a letter to the City of Bainbridge Island from the Washington State Department of Ecology
approving the Shoreline Management Master Program amendment adopted by this
ordinance, whichever occurs last in time.
PASSED by the City Council this 23ra day ofFebruary, 2005.
APPROVED by the Mayor this 24th day of February, 2005.
ATTEST/AUTHENTICATE:
S/ue Kasper, City Clerk
Darlene Kordonowy, Mayor
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
January 31, 2005
February 23, 2005
March 2, 2005
March 7, 2005
2005-02
Ordinance 2005-02 Page 5 of 5
Exhibit A
Recommended Shoreline Designations
Urban Designation Boundaries:
The recommended Urban designation extends landward from the ordinary high water mark
within the WSF Maintenance Facility (parcel #s: 26250231122004 & 2625023 1 1 32003) as
shown in Figure 1.
Aquatic Conservancy Designation Boundaries:
The recommended Aquatic Conservancy designation extends waterward from the ordinary high
water mark within the area north of a line extending westerly from the western most point of the
WSF Maintenance Facility property to the southeasterly extension of the northeastern parcel line
of parcel #41140050120000 (within the City's Waterfront Park) as shown in Figure 1.
Ordinance 2005-02 Page 1 of 1