021-07 - Resolution - Final Parking Plan for Marina ProjectRESOLUTION NO. 021-07
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON APPROVING THE FINAL PARKING PLAN
FOR A PREVIOUSLY APPROVED MARINA PROJECT,
THROUGH CONDffiONAL USE/ SHORELINE SUBSTANTIAL
DEVELOPMENT PERMIT (CUP/SDP 013-03) TO ALLOW
CONSTRUCTION OF A NEW PARKING LOT WITHIN 200
FEET OF SINCLAIR INLET ON A PROPERTY ZONED
COMMERCIAL (CO).
Tax Account No. 4030-000-005-0001
Legal Description: The SW 1/4 of Section 26, Township 24N, Range 1E.,
W.M., Kitsap County Washington
WHEREAS, the applicant submitted an application for a Conditional Use and
Shoreline Substantial Development Permit (CUP/SDP 013003) and a SEPA checklist 2003; and
WHEREAS, the site is located within 200 feet of Sinclair Inlet, a Shoreline of
Statewide Significance, and requires a Shoreline Substantial Development permit per the City's
Shoreline Master Program, as adopted in 1992 and amended in 1994; and
WHEREAS, a Mitigated Determination of Nonsignificance was issued on
November 14, 2003 that required that the final parking plan be approved by Council; and
WHEREAS, the proposed purpose of this request is to approve the final parking
plan and to allow construction of the new parking area in accordance with SEPA mitigation; and
WHEREAS, after proper notification the City Council held a public meeting on
September 24, 2007, and
WHEREAS, the City Council has considered all other relevant facts and has
determined that the public interest will be served by the shoreline permit; and
WHEREAS, being fully advised, the Council finds and concludes as follows:
TESTIMONY AND EXHIBITS
The Council bases its findings and conclusions upon the following Exhibits and
Testimony that it finds to be relevant, credible, and persuasive.
1. The following documents were admitted into the record:
a. City Council Agenda Staff Report dated September 24, 2007, together with
Attachments.
Resolution No 021-07
Page 2 of 3
2. Joanne Long-Woods, Planning Director, presented the Council Agenda staff report.
3. Dan Joenck, West Sound Engineering, agent for the applicant, testified on behalf of
the project.
4. Maher Abed, City Engineer, discussed concerns about the curb cuts and alignment
of the parking stalls along Bay Street.
FINDINGS AND CONCLUSIONS
Findings:
1. The parcel is located in an area zoned Commercial with Shoreline Designation of Urban
Maritime, which allows for the development of Marinas such as the Railway Marina.
2. An application for a Shoreline Substantial Development Permit/Conditional Use Permit to
allow for the expansion of the marina from 38 slips to 58 slips was submitted and approved
in March 2004 through Resolution 2057.
3. One of the SEPA mitigation measures on the approval of the project was that the final
parking plan had to be approved by Council.
4. The applicant has submitted a site plan that identifies the redesign of the parking area,
including required landscaping. The final landscaping plan will be reviewed and approved
during the clearing/grading/excavation permitting process for the parking lot.
5. The applicant is proposing to place some parking spaces for compact cars and motorcycles
within the State right-of-way. Approval from the state is required before final C of 0.
6. The applicant has submitted a letter from WSDOT dated July 6, 2007.
Conclusions:
1. The proposed use of the property is in compliance with the Comprehensive Plan, the
Shoreline Master Plan, and conditions of approval on the Shoreline Substantial
Development/Conditional Use permit for the expansion of the Railway Marina Project.
2. The redesigned parking plan meets the minimum standards outlined in conditions of
approval of the SOP/CUP and the Biological Assessment for the project.
3. The final landscaping and planting plan will be reviewed and approved with the clearing,
grading, and excavation permit.
4. All conditions of approval on the Conditional Use/Shoreline Substantial Development Permit,
Case No. CUP/SOP 013-07, are still applicable to this site.
Conditions of Approval:
1. The applicant must submit a final letter of approval from Washington State DOT and receive
approval of the City Engineer to place parking spaces in the right of way of Bay Street prior
to final C of 0.
2. The final landscaping and planting plan shall be reviewed and approved prior to the
approval of the site development: clearing, grading, and excavation of the site for parking.
3. The landscaping/planting of the site and parking lot shall be bonded before final Certificate
of Occupancy and the landscaping monitored for two years from effective date of C of 0.
4. Removal of the cinderblock storage building will require a demolition permit.
5. Stormwater treatment systems must be provided to the two Stormwater collection systems
on site as required by City of Port Orchard Stormwater Management Manual.
Resolution No 021-07
Page 3 of 3
6. Additional paving and modification to the existing super-elevation may be needed to
provide safe back-up distance for vehicles exiting parking stalls along Bay Street.
7. Additional roadway modification off Bay Street to provide for a single point of entry off Bay
Street must be constructed east of the existing building. This will eliminate potential
vehicular conflicts and enhance the access safety. Final modifications shall be approved by
the City Engineer as part of the site development permit.
8. The applicant must provide street illumination adjacent to the site. This will have to be free-
standing street lights that will be deeded to the city upon construction acceptance.
WHEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON RESOLVES AS FOLLOWS:
THAT, based upon the recommendations of City staff, the testimony presented
at the public meeting, and the findings and conclusions set forth in the staff report, the City
Council approves the final parking plan for the Railway Marina Project, a Conditional
Use/Shoreline Substantial Development Permit (CUP/SDP 013-03), subject to the conditions
incorporated herein:
PASSED by the City Council of the City of Port Orchard, signed by the Mayor and
attested by the City Clerk in authentication of such passage this 8th Day of October, 2007.
KIM E. ABEL, MAYOR
ATIEST: . '----. r ~ j}{j_..._~
Michelle Merlino, City Clerk