2072 - Resolution - Shoreline Substantial Development Permit for Public ParkCity of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
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PORT ORCHARD CITY OF RESOL t:Uu Ki \sap Co. 11R
RESOLUTION NO. 2072
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
RECOMMENDING APPROVAL OF A SHORELINE SUBSTANTIAL
DEVELOPMENT PERMIT AND VARIANCE FROM THE SETBACK
STANDARDS FOR THE CONSTRU010N OF A SHORELINE PUBLIC
PARK
Project Location: The park will be located adjacent to the east bank
of the mouth of Blackjack Creek, in the 1300 block of Bay Street,
Port Orchard, Washington.
Legal Description: SW Y4 of the NW Y4 of Section 25, Township
24N, Range lE., W.M., Kitsap County
WHEREAS, the City of Port Orchard has submitted an application to construct a
waterfront park at the confluence of Blackjack Creek and Sinclair Inlet, JARPA application 162-
04; and
WHEREAS, a SEPA Determination of Non-Significance was issued for this
project on March 17, 2004; and
WHEREAS, the City's Shoreline Master Program regulates substantial
development within 200 feet of a shoreline, including Blackjack Creek; and
WHEREAS, the Shoreline Master Program requires a 20 foot setback for
substantial development within 200 feet of the shoreline; and
WHEREAS, the project proposes to construct improvements within the 20 foot
setback area, including a gazebo structure, picnic areas, and pedestrian walkway; and
WHEREAS, the City Council held a public hearing on May 24, 2004; and
WHEREAS, Shoreline Substantial Development permits requiring a variance
must be submitted to the Washington Department of Ecology for final approval; and
WHEREAS, being fully advised, the City Council finds and concludes as follows:
FINDINGS
Resolution No. 2072
Page 2 of 3
1. The project is a permitted use under the provisions of the Shoreline Master
Program.
2. The project is a recreational development and is located in an area with the
environmental designation of "urban."
3. Pursuant to the Shoreline Master Program this project requires a 20 foot
setback.
4. The project proposes to construct certain improvements within the 20 foot
setback.
5. The project requires a variance from the Shoreline Master Program's setback
standards in order to allow construction within the 20 foot setback.
6. The strict application of the setback standards would impose a hardship by
limiting the public's use and enjoyment of the site.
7. The hardship is caused by the unique size and dimensions of the site.
8. The project is compatible with uses planned for this area and will reduce
impacts to the shoreline.
9. The variance will not constitute a grant of special privilege.
10. The location of certain improvements within the 20 foot setback is the
minimum necessary to afford relief to the project applicant.
11. The project will promote the public interest by providing the public with
access to the shoreline.
CONCLUSIONS
1. The project, JARPA 162-04, is consistent with the policies and goals of the
City's Shoreline Master Program.
2. The project meets the criteria for a Shoreline Substantial Development
Permit.
3. The project meets the criteria for issuing a variance from the Shoreline
Master Program's setback standards.
THERFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: The Port Orchard City Council hereby recommends that
the Washington Department of Ecology approve a Shoreline
Substantial Development Permit and Variance from the setback
standards for JARPA application 162-04 in order to allow for the
construction of a shoreline public park, subject to the conditions
attached as Exhibit "A" and incorporated by this reference.
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PORT ORCHARD CITY OF RESOL R2. 88 Ki tsap Co .. fiA
Resolution No. 2072
Page 3 of 3
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 24tl1 day of May 2004.
KIM E. ABEL, MAYOR
A-rrEST:
~~
Michelle Merlino, Deputy City Clerk
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PORT ORCHRRO CIT\ OF ' -
EXHIBIT A
CONDmONS OF APPROVAL
JARPA NO. 162-04
1) Work shall be accomplished per the concept plans titled "Blackjack Creek Walkway and
Gazebo", stamp dated Marth 17, 2004.
2) A copy of the final approved construction plans shall be available on-site during
construction.
3) The project shall maintain the following setbacks:
a. A 10ft. setback for all picnic areas and the pedestrian walkway.
b. A 6 ft. setback from Blackjack Creek and 20 ft. from Sinclair Inlet for the gazebo
structure.
4) The minimum setback area shall be planted with appropriate indigenous native species.
Interpretive signage and view points shall be permitted within the setback area,
landward of the shoreline.
5) Prior to site construction the applicant shall submit to the City for review and approval
an application for final construction plan review, to include the following:
a. Final Site Plan,
b. Final Landscape Plan comprised lawn and a mix native/indigenous species of
evergreen and deciduous tress and shrubs and flowers.
c. A Minor Stormwater Permit application providing for a Silt Erosion Control Plan,
pursuant to the requirements of the City's Stormwater Ordinance.
d. Building Permit Application, providing construction details for the construction of the
Gazebo, and pedestrian walkway.
6) The project shall provide for a six (6) ft. wide paved pedestrian walkway along the length
of the park site to further the City's interest in creating a unified public shoreline access
trail.
7) Approval from the Department of Ecology is required prior to construction.
8) The construction of additional pedestrian path improvements to extend the sidewalk
from the proposed park to Bay St. shall meet city standards for emergency access and
for ingress and egress relating to the adjacent parking lot.
NOTE: Condition No. 8 consolidates conditions Nos. 8 and 9 as recommended by the
Planning Commission in Resolution No. 006-04. The intent is to provide for a sidewalk
extension to Bay Street, while accommodating circulation needs within the City's right of
way and adjacent shopping center.
PORT ORCHARD CITY OF RESOL :t2UO
200406020183
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Ki tsap Co .. WA