023-06 - Resolution - Shoreline Substantial Development Permit for Bay Street Seawall ProjectRESOLUTION NO. 023 -06
A RESOLUTION OF THE CITY OF PORT ORCHARD APPROVING
WITH CONDITIONS THE SHORELINE SUBSTANTIAL
DEVELOPMENT PERMIT (SDP67-06) FOR THE BAY STREET
SEAWALL PROJECT
TAX PARCEL NOS: 4027-034-009-001; 4027-034-006-010; 4027-
034-013-0005; 4027-034-001-0100
WHEREAS, the applicant has submitted an application for a Shoreline
Substantial Development Permit to allow for the construction of a 140 ft. long seawall with
storm drainage and pedestrian improvements located on the north side of the 1880 Block of
Bay Street; and
WHEREAS, the property is located within 200 ft. of Sinclair Inlet1 a Shoreline of
Statewide Significance with a Shoreline Environmental Designation of Urban; and
WHEREAS, a Mitigated Determination of Non-Significance MONS was issued on
April 26 1 2006; and
WHEREAS, the Planning Commission held a public meeting on May 21 2006;
and
WHEREAS, the Planning Commission heard testimony in favor of the proposal
from the applicanfs representative and there were comments taken from the public; and
WHEREAS, on June 12 1 2006 the City Council held a public hearing on the
application and heard public testimony; and
WHEREAS, being fully advised the City Council finds and concludes as follows:
TESTIMONY AND EXHIBITS
The Council bases its findings and conclusions upon the following Exhibits and testimony
from the applicanfs representative found to be relevant/ credible/ and persuasive.
1. The following documents were admitted into the record:
a. City Council Agenda Staff Report dated June 12, 2006, together with
Attachments 1 and 2.
b. List of amended conditions submitted by the Planning Commission by Resolution
07-06.
FINDINGS AND CONCLUSIONS
Based on the above testimony and exhibits/ the City Council finds and concludes as
follows:
FINDINGS:
Resolution No. 023-06
Page 2 of 3
1. The site is designated Medium Density Residential in the Comprehensive Plan.
2. The project site is zone Residential 8 (R8).
3. The project is located within 200 ft. of Sinclair Inlet, a Shoreline of Statewide Significance,
with an environmental designation of Urban.
4. A Shoreline Permit was submitted in 2004, but the process for the permit and the
environmental determination was never completed and the project was placed on hold.
5. A revised application, SEPA checklist, and Biological Assessment was submitted on March
14, 2006.
6. A Mitigated Determination of Non-Significance (MDNS) was issued on April 26, 2006. The
Notice of Application and Intent to issue and MDNS was issued on April 1 with a 14-day
comment period. No comments were received by other agencies and the MDNS was issued
without a comment period.
7. This project is considered a transportation improvement project in the Shoreline Master
Program. Transportation projects are allowed in the Urban environment.
8. There are steep slopes located on the south side of Bay Street that prevent relocation or
modification to the site which necessitates construction of the project within the Mean
Higher High Mark (MHHM) of Sinclair Inlet.
9. Access to the site is adequate by current standards. Street improvements, if any, will be
determined by the City Engineer.
CONCLUSIONS:
1. The proposal, SDP67-06 is found to be consistent with the goals and policies of the Port
Orchard Shoreline Master Program.
2. The proposal is found to be consistent with the goals and policies of the City Comprehensive
Plan and Zoning Ordinance for development of transportation facilities.
3. The proposal shall be constructed and mitigated according to the assessment provided by
Geo Engineers, dated March 2006, and the design site plans submitted by Berger/ABAM in
2006.
CONDITIONS OF APPROVAL:
The City Council recommends approval with the following conditions:
1. The applicant shall adhere to all mitigation measures identified in the SEPA determination
issued April 26, 2006. Copies of the MDNS shall be available at the construction site at all
times for reference.
2. All conditions outlined in the Hydraulic Project Approval issued by the State Department of
Fish and Wildlife shall be adhered to during all phases of construction on this project.
Approved copies of the HPA shall be submitted to the City for the file. A copy of the
approved HPA shall be available at the construction site al all times during the project for
reference by the construction crew.
3. A copy of the NEPA determination must be submitted to the Planning Department for the
file. No construction can take place on the parcel until the NEPA determination has been
issued and the comment period has lapsed.
Resolution No. 023-06
Page 3 of 3
4. A copy of permit approvals received from other state and/or federal agencies shall be
submitted to the City Planning Department for inclusion in the file.
5. Best management practices (BMP's) and erosion control measures shall be installed before
construction commences and shall be maintained throughout the entire project timeline.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 12th day of June 2006.
KIM E. ABEL, MAYOR
ATTEST: