2065 - Resolution - Shoreline Substantial Development PermitCity of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
RESOLUTION NO. 2065
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
APPROVING A SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT
TO ALLOW FOR THE CONSTRUCTION OF A STORAGE YARD,
WAREHOUSE/OFFICE BUILDINGS AND SUPPORTING UPLAND
IMPROVEMENTS.
Tax Parcel No.: 342401-2-039-2008
Legal Description: NE v. of the NW v. of Section 34, Township 24N,
Range 1E., W.M., Kitsap County
WHEREAS, the City adopted the revised Shoreline Master Program in 1994 to
regulate property within the jurisdiction of that Program; and
WHEREAS, Mr. Paul Fritts, \'applicant") is seeking approval of a Shoreline
Substantial Development Permit application, JARPA file No. 136-02, to use a 1.2-acre portion of
a 3-acre site as an open storage yard and 9,600 sq. ft. of office/warehouse use, with associated
upland access, stormwater, parking, and landscaping improvements; and
WHEREAS, the site is located within 200 ft. of the jurisdictional waters of
Sinclair Inlet and within the upland portion of the City's "Urban Maritime Shoreline
Environment"; and
WHEREAS, on March 15, 2002, a Determination of Non-Significance was issued
for this project with conditions, pursuant to WAC 197-11-340(2); and
WHEREAS, on March 22, 2004 the City Council held a public hearing regarding
the Shoreline Substantial Development Use Permit application; and
WHEREAS, conditions that are necessary to mitigate impacts to shoreline
resources are authorized by RCW 90.58.020; and
WHEREAS, being fully advised, the City Council finds and concludes as follows:
TESTIMONY AND EXHIBITS
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The Council bases its Findings and Conclusions on the following testimony and
exhibits that it finds to be relevant, credible, and persuasive.
1. The following documents were admitted into the record:
a. Staff Report dated March 4, 2004, with attachments.
2. Rob Wenman, City Planner, reviewed the nature of the project. He described
how the policies and regulations of the City's shoreline master program apply to
the project. He reviewed the proposed findings and conclusions and
recommended approval of the permit application, subject to conditions. He
informed the Council that after reviewing recent correspondence from the
applicant, staff now recommends deletion of proposed condition #6 because the
reviews required by other conditions will address the sewer/septic issues.
3. Norman Olson, of N.L. Olson & Associates, spoke on behalf of the applicant
and described the engineering aspects of the proposal and that he had no
problems with the permit conditions set forth in the Staff Report, other than
condition #6.
4. Paul Fritts, applicant, stated that he found the conditions of approval
acceptable, other than condition #6.
FINDINGS
Based upon the above testimony and exhibits, the City Council finds as follows:
1. The Applicant is seeking Shoreline Substantial Development Permit approval
JARPA 136-02, proposing to construct an open storage yard, and 9,600 s.f. of
warehouse/office building, with supporting upland improvements on a 1.2-
acre portion of a 3-acre site.
2. The site is located within 200 ft. of the jurisdictional waters of Sinclair Inlet,
within the upland portion of the Urban Maritime Shoreline Environment.
3. The site has been operating as a storage yard without proper permits. The
applicant has demonstrated a willingness to comply with City and State
requirements for use of the site within the shoreline environment.
4. The application for a Shoreline Substantial Development Permits is subject to
the criteria provided in the City's Shoreline Master Program, found on page
16 of the City's SMP for defining "water-related" type uses, "Urban Maritime"
definition, found on page 30, and the Commercial Development policies
found on page 54. The applicant has stated that the intended use of the site
will be for "water-related" type uses and activities, as described within the
City's Shoreline Master Program.
Resolution No. 2065
Page 3 of 6
5. WSDOT has reviewed the proposed access and stormwater plan and has
given conditional preliminary approval, subject to final design of the storm
drainage plan and approach from SR-166. WSDOT has conditionally approved
the access, provided it is limited to the west corner of the site, and the east
access is abandoned. A Commercial Access Permit review conducted by
WSDOT and the City, will determine specific details of construction prior to
work within the state right-of-way.
6. A Hydraulic Project Approval will be required from Washington State
Department of Fish and Wildlife for the final approval of the stormwater
control plan.
CONCLUSIONS
1. The proposal, JARPA/SDP 136-02, is found to be consistent with the goals
and policy provisions of the Port Orchard Shoreline Master Program.
2. The proposed road approach and stormwater controls are deemed
appropriate for the level of site development.
3. The proposal should provide a landscape screening buffer to screen the
general public from the open storage yard.
4. The proposal is found to be consistent with the goals and policies of the
City's Comprehensive Plan, and is a furtherance of the interest of the
community.
5. The project is found to be consistent with the City's Zoning Ordinance 1748.
WHEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON HEREBY RESOLVES AS FOLLOWS:
SEmON 1. Based upon the recommendations of City staff, the testimony and
exhibits submitted at the public hearing, and the findings and conclusions contained herein, the
City of Port Orchard grants a Shoreline Substantial Development permit to Mr. Paul Fritts, for
the subject property, as described in JARPA 136-02, subject to the following conditions:
1. Work shall be accomplished per plans and specifications entitled, "Maritime
Business Center-Phase I and Phase II Development, JARPA and Plans,
received dated November 14, 2003.
2. A copy of the final approved construction plans shall be available on-site
during construction.
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Page 4 of 6
3. Prior to site construction the applicant shall submit to the City for review and
approval a Final Site Development Plan/Stormwater Permit for each phase,
that identifies;
a Elements of Phased Construction.
b Proposed improvements as allowed and conditioned under JARPA 136-02.
c A final parking plan to meet the following:
(i) Parking shall be provided at a ratio of one (1) parking stall per 300
sq. ft. of office space, and one parking stall per 800 sq. ft. of
manufacturing space.
(ii) Final parking stall design shall meet the requirements of the City and
WSDOT.
(iii) Parking shall be in-place and inspected for approval prior to
occupancy of buildings A & B.
d. Final landscaping plan, to provide the following:
(i) A screening buffer to substantially screen the proposed storage yard
from adjacent properties, to be in-place with phase I construction of
the proposed storage yard;
(ii) A filtered screening buffer of the proposed buildings A & B from
adjacent properties.
e. Final Building Elevation Plans, with proposed phasing: The building plans
shall include details for construction materials and colors. The buildings
shall utilized roofing material that will not promote glare, with the use of
use of dark colors to blend with the surrounding natural vegetation, to
minimize upon neighboring residential properties and the viewscape of
Sinclair Inlet.
f. Final stormwater control plan for construction of the storage yard,
parking lot area, and proposed buildings A & B.
4. The final stormwater control plan shall address the following :
a. This Proposal is a Major Development as defined in the City of Port
Orchard Municipal Code, Chapter 15.32 Stormwater Management and as
such shall require an Excavation/Stormwater Permit from the Public
Works Department.
b. Final submittal documents in accordance with the minimum requirements
as specified in the City of Port Orchard Municipal Code, Chapter 15.32
Stormwater Management and Stormwater Design Manual.
c. The project proponent shall be responsible for installing any necessary off-
site downstream drainage improvements, A separate Street Excavation
Permit will be required for any work done in the right-of-way.
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d. All stormwater system improvements will be completed prior to approval
of the Certificate of Occupancy for each phase of construction.
e. When construction on a site has not been completed and approved by
the City by October 1 of a given year or exposed ground surfaces are not
permanently stabilized by that date, no work shall be permitted on the
project site until Level 2 Erosion and Sedimentation Controls have been
implemented on the project site. Level 1 Erosion and Sedimentation
Controls area required on site at all times during construction.
f. The owner(s) shall be responsible for maintenance of the on site storm
drainage facilities for this development following construction. Before
issuance of building permits for this development, the person(s) holding
title to the subject property for which the storm drainage facilities were
required shall record a declaration of Covenants that guarantees the City
that the system will be properly maintained.
g. The owner(s) shall be responsible for maintenance of the on site erosion
and sedimentation control facilities for this development during and
following Construction. The person(s) holding title to the subject property
for which the Erosion/Sedimentation Control facilities were required shall
record a declaration of Covenants that guarantees the City that the
facilities will be properly maintained.
h. The Engineer of Record shall certify that the as-built water quality
treatment facility meet the design criteria.
i. Contractor is responsible for permanent stabilization and restoration of
the project site for each phase of construction.
j. Submit As-built construction plans for each phase of construction with
two sets of blueprint copies to Public Works Plan Center. As-built
drawings will accurately represent construction changes accepted by the
City due to unforeseen field conditions or plan design improvements.
Include all sheets containing road and drainage plans, profiles, and
associated details. As-built drawings will be stamped RECORD
DRAWING and be certified by a professional engineer or land surveyor.
k. Submit Electronic Media of the As-built drawings for each phase of
construction for road and site layout, water and sanitary sewer, and
stormwater facilities that accurately represent construction changes
accepted by the City due to unforeseen field conditions or plan design
improvements.
I. Submit the Operation and Maintenance Manual for review and acceptance
by the Department of Public Works prior to approval of the final
construction. The Manual shall be prepared by a Professional Engineer
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and meet the requirements of Public Works. A manual will be required
with each phase of construction.
5. Access onto SR-166 shall be subject to a Commercial Access Permit review by
WSDOT, and final design review by the City. The east access point shall be
abandoned, and access shall be consolidated at the west portion of the site
fronting SR-166. An improved access meeting the requirements of WSDOT
and City for the proposed use, shall be in place prior to use of the site as
proposed under this application.
6. Prior to final site construction plan approval, or use of the site as a storage
yard, the applicant shall provide for a "Unified Materials Management Plan",
meeting the requirements of the Bremerton/Kitsap County Health District, as
specified in the letter from the Health District dated May 2, 2002. A Building
Clearance Approval from the Health District will also be required for use and
construction of the warehouse buildings.
7. Continued use of the site is subject to approval by the Department of
Ecology, and the City of Port Orchard. No expansion of the use of the site is
hereby authorized prior to final permit approval.
8. The site use shall be limited to water-related or water dependent type uses,
unless otherwise authorized by the City.
9. Approval from the City of Port Orchard, Department of Ecology, WSDOT,
WSDFW, and the Kitsap County Health District shall be required prior to any
work covered by this permit.
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 April 2004.
KIM E. ABEL, MAYOR