2073 - Resolution - Conditional Use Permit for Construction of a Shoreline ParkCity of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
RESOLUTION NO. 2073
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
GRANTING A CONDITIONAL USE PERMIT FOR THE
CONSTRUCTION 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 V4 of the NW V4 of Section 2S, Township
24N, Range 1E., 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, the project site is zoned "Greenbelt" and the City's Zoning
Ordinance requires approval of a Conditional Use Permit to allow for the construction of a public
park within the "Greenbelt" zoning district; and
WHEREAS, the Planning Commission held a public meeting on May 17, 2004 to
consider the request for a conditional use permit and following the meeting adopted a
resolution recommending that the conditional use permit be granted, subject to conditions; and
WHEREAS, the City Council held a public hearing on May 24, 2004; and
WHEREAS, the proposed conditional use permit is not detrimental to the health,
safety, and welfare of the community and is in harmony with the general purposes of the
Zoning Ordinance and the Comprehensive Plan; and
WHEREAS, being fully advised, the City Council finds and concludes as follows:
FINDINGS
1. The project site is zoned "Greenbelt."
Resolution No.
Page 2 of 2
2. A conditional use permit is required to establish a park within the Greenbelt
zone.
3. The project is compatible with the adjacent commercial properties.
4. The project will not hinder or discourage the use of surrounding properties.
5. The project will convert a paved parking lot into a shoreline park.
6. All impacts will be mitigated.
7. The project will further the public's interest by providing shoreline access.
8. Pedestrian and traffic impacts will be neither hazardous nor conflict with
existing traffic in the neighborhood.
9. The project will not adversely affect public services in the area.
CONCLUSIONS
1. The project, JARPA 162-04, is consistent with the general purposes of the
Zoning Ordinance and the Comprehensive Plan.
2. The project meets the specific criteria set forth in the Zoning Ordinance for
issuing a conditional use permit.
THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: A conditional use permit for JARPA application 162-04 to
construct a shoreline public park is hereby granted, subject to the
conditions attached as Exhibit "A" and incorporated by this
reference.
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 24th day of May2004.
KIM E. ABEL, MAYOR
ATTEST:
~~
Michelle Merlino, Deputy City Clerk
EXHIBIT A
CONDillONS OF APPROVAL
JARPA NO. 162-04
1) Work shall be accomplished per the concept plans titled "Blackjack Creek Walkway and
Gazebo", stamp dated March 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. Rnal 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 Stonmwater Pemnit application providing for a Silt Erosion Control Plan,
pursuant to the requirements of the City's Stonmwater 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 to UG Kit s.;p Co, WA