2057 - Resolution - Expansion of Exisiting MarinaCity of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
RESOLUTION NO. 2057
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, A
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT/CONDmONAL USE TO
ALLOW FOR THE EXPANSION OF THE EXISTING MARINA, AND
SUPPORTING UPLAND IMPROVEMENTS.
Tax Parcel No. -4030-000-005-0001
Legal Description: NE V. of the SW V. of Section 26, 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, the Port Orchard Marine Corporation (the "Applicant") is seeking approval of a
Shoreline Substantial Development/Conditional Use Permit application, JARPA file No. 155-03, CUP/SDP
013-03, to allow for the expansion of the marina including: increasing the number of slips from 38 to 58;
adding a 112-foot long extension to the west (W) float; adding a 176-foot long extension to the main (M)
float; adding four 20-foot long finger floats to (A) float; construct 12-16 storage units on the pier; re-
locating (C) float, and two boathouses #1 and #7 waterward of -10 MLLW; wrapping 34 piles using pile
protector system; installing 720 sf of grating in the pier; installing utilities and fire suppression systems
for the new and re-located floats; adding 192-foot covered moorage to (C) float; removing the marine
railway; making parking improvements; and providing public access and landscaping improvements; and
WHEREAS, the Applicant is also requesting approval for identified non-permitted uses to
include: an over the water bathroom, pump-out laundry aRd office facility; five (5) non-permitted
boathouses; and liveaboard moorage to be limited to no more than 10% of the total number of approved
moorage slips or such other number as allowed by state law; and
WHEREAS, on November 14, 2003, a Mitigated Determination of Non-Significance was
issued for this project with conditions, pursuant to WAC 197-11-340(2); and
WHEREAS, on February 23, 2003 the City Council held a public hearing regarding the
Shoreline Substantial Development/Conditional 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 February 9, 2004, with attachments.
2. Rob Wenman, City Planner, reviewed the nature of the project. He summarized the
various changes to the marina that the Applicant has proposed. 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.
3. Hilton Smith, the Applicant and owner of Port Orchard Marine Corporation, spoke in
favor of the application. He addressed questions regarding views and parking. He stated
that he had no problems with the permit conditions set forth in the Staff Report.
4. Roger Herschell, 405 Bay Street, Port Orchard resident, lives across the street from
the marina and was concerned about parking and public access to the shoreline.
5. Glen Skelton, 202 Bay Street Port Orchard resident, lives across the street from the
marina and was concerned about parking and the loss of water views.
FINDINGS
Based upon the above testimony and exhibits, the City Council finds as follows:
1. The Applicant is seeking Shoreline Substantial Development/Conditional Use Permit
approval JARPA 155-03, proposing to expand the marina from 38 to 58 marina slips, that
includes covered moorage, seven (7) boathouses, a floating restroom/laundry/pumpout
facility, additional parking, storage lockers; together with proposed mitigating measures
that includes shoreline landscaping, stormwater improvements, and removal of creosote
piers, and the boatyard railway and boatyard permit
2. The application for a Shoreline Substantial Development/Conditional Use Permits is
subject to the criteria provided in Chapter 4.2 of the City's Shoreline Master Program,
found on page 18 of that document. In authorizing a conditional use, special conditions
may be attached to the permit by the City to prevent undesirable effects of the proposed
use, subject to approval of DOE.
3. The project site has been historically used as a railway and boatyard for boat repairs,
as well as a marina for the Horluck Ferry Corporation and others. The applicant has
proposed to discontinue the use of the site as a boatyard. No commercial boat repair
that will require a boatyard permit form DOE is proposed or covered by this application.
4. The City has identified several improvements made to the marina that were not
permitted. As a result, the marina received a "Cease and Desist" order, that identified the
following compliance issues: a.) an over the water bathroom pump-out-laundry & office
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facility; b.) five (5) non-permitted boathouses; c.)liveaboards that have been added to
the site after the marina was configured, that result in necessary required parking and
determined by DNR to be beyond the 10% limitation imposed by state statute; d.) Lack
of required parking that was required with the original permit, based on the needs of the
marina liveaboards, and total number of slips permitted under JARPA 67-97.
5. The project has received a Mitigated Determination of Non-Significance by the City of
Port Orchard SEPA Official on November 14, 2003 subject to approval of the Department
of Fish and Wildlife and approval of the parking plan to be approved by the City Council.
6. The applicant has provided for a Biological Evaluation (BE) of the site, dated
September 30, 2003, and has proposed mitigating measures. The requirements and
agreements within the BE have been found appropriate by WSDFW and are set as
conditions of approval by that review agency.
7. A Hydraulic Project Approval was granted for this project by the Department of Fish
and Wildlife on December 2, 2003. The department has found that the plans reflect
mitigation procedures to significantly reduce or eliminate impacts to fish resources. The
project will include several mitigating measures, and is approved with a list of conditions
for construction.
8. The marina is operating under a lease agreement with the Department of Natural
Resources. DNR will determine the ultimate lease area, based upon input from all the
regulatory agencies.
9. The extent of contaminants found on site from the use of the property as a boat
repair yard has not been fully investigated.
10. The U.S. Fish and Wildlife Service, (USFWS), and National Marine Fisheries Service,
(NOAA Fisheries) have not completed their review of the "Biological Evaluation", nor have
these agencies provided comment back to the applicant or the City at this time. Ultimate
approval to expand and construct the marina expansion will require approval from these
federal agencies.
11. The applicant stated at the public hearing that he does not intend to move the fuel
tank and fuel dispenser facility, but is willing to remove the fueling facility from the site
as a condition of approval.
CONCLUSIONS
1. The proposal, JARPA/SDP 155-03, is found to be consistent with the goals and
policy provisions of the Port Orchard Shoreline Master Program.
2. The proposal as reviewed and conditioned will meet the requirements of the SEPA
mitigated Determination of Non-Significance issued by the City.
3. The proposed project impact minimizing measures are appropriate to ensure
protection of the marine environment at this site, and should be adopted as conditions of
project approval.
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4. The following conclusions are made in regards to the criteria for approving a
Shoreline Conditional Permit approval as listed in the City's Shoreline Master Program:
a. The proposed use will not interfere with the normal public use of
public shorelines. The marina expansion will allow use of this shoreline
property by primarily recreational boaters. Additional moorage will be provided
for larger commercial vessels. The applicant's proposal for a floating
restroom(laundry/pumpout facility will provide for convenience of the boating
community. Shoreline enhancements, such as landscaping, and view points for
the general public will also be provided.
b. The proposed use of the site and the design is compatible with
other permitted uses in the area. The site has a shoreline designation of
"Urban Maritime", which anticipates water dependent type uses, and
emphasizes marine industrial use of the shoreline area. The property to the west
is developed as a marina (Port Orchard Yacht Club), and the proposal is found
to be compatible with this neighbor. The property to the east is zoned
commercial, developed as a restaurant (Tweeten's Lighthouse Restaurant). The
expansion of the marina will extend the marina further out into public waters,
adding boat moorage slips, and structures into this area. The visual impact will
not be significant, relevant to the amount of development existing in the area.
c. The proposed use will cause no significant adverse effects to the
shoreline environment. The application has submitted a Biological Evaluation
of the site, and proposed mitigating measures to offset the impacts from the
expansion of the marina at this site. The State Department of Fish and Wildlife
has found the proposal acceptable, and has approved the project with the
issuance of a Hydraulic Project Application, subject to conditions for construction.
d. The public interest will suffer no substantial detrimental effect. The
proposed project has demonstrated compliance with the standards of the City's
Shoreline Management Program for "marinas", and the intended uses of the
"Aquatic", and "Urban Maritime", shoreline environment.
5. 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, now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DOES
RESOLVES AS FOLLOWS:
SECTION 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 approves the granting of a Shoreline Substantial Development/Conditional Use Permit to the Port
Orchard Marine Corporation, for the expansion of the Port Orchard Marine Corporation marina, as
described in JARPA 155-03, CUP/SDP 013-03, subject to the following conditions:
1. Work shall be accomplished per plans and specifications entitled, Port Orchard
Marine Corporation Marina Expansion JARPA and Plans, dated September 30, 2003, and
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the Biological Evaluation, dated September 30, 2003, and as approved and conditioned
by Washington State Department of Fish and Wildlife in their HPA issued December 2,
2003. A copy of these plans shall be available on-site during construction.
2. Prior to site construction the applicant shall submit to the City a Final Site
Development Plan that identifies;
a. Existing structures, structures to be removed, and new structures to be
constructed as allowed under JARPA 155-03.
b. A final parking plan to meet the following:
i. Parking shall be provided at a ratio of one parking stall per three
moorage slips, together with one (1) parking stall per 300 sq. ft. of office
space.
ii. Moorage slips that are dedicated for liveaboard use, shall be
provided with one (1) parking stall per liveaboard moorage slip.
"'· Parking lot construction shall meet the requirements of the City's
Stormwater ordinance.
iv. Final parking stall design shall meet the requirements of the City and
WSDOT.
v. Parking shall be in-place and inspected for approval prior to
occupancy of the expanded marina.
c. Final landscaping/public access plan with pedestrian view point;
d. Final marina construction plan;
e. Final stormwater control plan for construction of the parking lot area, and
bio-swale.
3. Prior to construction, the applicant shall apply for necessary building permits to
address the following elements of this application:
a. The existing floating restroom/laundry facility.
b. The four ( 4) non-permitted boathouses.
c. The construction of the marina floats, covered moorage, and piers, meeting
the requirements of Fire District 7 for fire safety and protection.
d. Demolition for any other structures, including the railway.
4. Prior to construction and final permit approval by the City, the applicant shall provide
documentation that the owner has relinquished the DOE Boatyard Permit back to the
Department of Ecology.
5. Prior to construction, the applicant shall provide for site investigation of contaminants
found in sediment in and around the former railway; with documentation that the review
meets the minimum requirements of DNR and DOE.
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6. Prior to the removal of the diesel fuel tank and dispenser, the applicant shall provide
documentation that the proposal meets the requirements of the DOE, and the standards
of the City.
7. The project shall comply with the City's goal for public access to the shoreline, (SMP
8.10(4)), and shall be required to record an easement to the public to access the
shoreline from the adjacent property to the east and from the public street with a 12-ft.
minimum width, public access easement. Signage shall be provided to direct the public
to the public viewpoint.
8. Approval from Department of Ecology, DNR, and Army Corps of Engineers shall be
required prior to any work covered by this permit.
9. Prior to construction, the applicant shall demonstrate compliance with the DNR lease.
10. The applicant shall apply for necessary penmits to remove the fueling tank and fuel
dispenser facility from the site and shall remove said tank and dispenser in conjunction
with the construction project.
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 8th day of March 2004.
KIM E. ABEL, MAYOR