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NOA – PW23-001 POCECE Street Use

Posted on January 31, 2023


This is a public notice of a phased review development proposal that may interest you. You have the right to comment on this application, receive notice, request a copy of the decision once made and appeal the project decision. Included in this notice is a summary of the proposal, code reference for associated permits that may be required, and the targeted timeframe for City review and decision. Please be aware there are deadlines for comments and appeal; if you do not adhere to these deadlines, your comments may not be considered and/or you may lose your right of appeal. Please read this notice carefully and call the City of Port Orchard Department of Community Development (DCD) if you have questions. Date of Issuance: January 31, 2023, File Number: PW23-001

Project Name: Port Orchard Community Events Center Type of Application: Street Use Permit Assessor Parcel Number: 262401-1-001-2004, 202401-1-007-2008 Applicant: City of Port Orchard, Mayor Rob Putaansuu, 216 Prospect St., Port Orchard, WA 98366 Applicant  Representative: Port Orchard Department of Community Development, Attn: Jacob Miller, 720 Prospect St., Port Orchard, WA 98366 Date of Application: Counter Complete date: January 9, 2023 Site Description: Location: North of the intersection of Bay Street and Port Street, the location of the future Port Orchard Community Events Center. The property is addressed as 619 Bay Street and the tax parcel numbers for the property involved include 4650-011-001-0001 and 262401-1-001-2004. Zoning District: Downtown Mixed Use Shoreline Designation: High Intensity Project Permits included with Application: Street Use Permits Subsequent Permits to be Applied for are likely to include the following: Land Disturbing Activity Permit, Stormwater Drainage Permit, Shoreline Substantial Development Permit, Capacity Reservation Certificate, US Army Corp of Engineers Permit(s), Building Permit, Hydraulic Project Approval Permit Description of Proposed Project: This Street Use Permit application is to allow for the perpetual encroachment of the building eve and patio foundation for the future Port Orchard Community Events Center which is currently in the design phase.

Preliminary State Environmental Policy Act (SEPA) Determination: On June 25, 2021, the City adopted Ordinance No. 031-21 establishing a planned action designation for the Downtown Port Orchard Subarea Plan and updated regulations as a Planned Action. On August 14, 2020, under RCW 43.21C.440, the City issued a SEPA Determination of Significance (DS) for the Subarea Plan as a Planned Action. On April 26, 2021, the City issued a Final Environmental Impact Statement (FEIS) for the Subarea Plan and updated regulations. This FEIS adequately addresses the significant impacts of the updated Subarea Plan and regulations as well as implementation of development projects within the subarea. Consistent with RCW 43.21C.440(1)(b)(i), the Planned Action is in conjunction with a subarea plan adopted under Chapter 36.70A RCW and has had its significant impacts adequately addressed by an EIS under the requirements of SEPA, Chapter 43.21C RCW. The subject Street Use Permit application is categorically exempt under WAC 197-11-800 but is part of a series of actions that together may have a significant impact, as evaluated in the above-referenced EIS.  This phased review is determined to qualify as part of a Planned Action project and shall proceed in accordance with the applicable permit review procedures specified in POMC Chapter 20.22, except that no SEPA threshold determination, EIS or additional SEPA review shall be required pursuant to WAC 197-11-172 and RCW 43.21C. 440. Existing Studies and Environmental Documents Evaluating the Proposal: Wetland and Fish and Wildlife Habitat Assessment, Storm Drainage Analysis, Preliminary Geotechnical Engineering Report, City of Port Orchard Downtown Port Orchard Subarea Plan Final Environmental Impact Statement Other Applicable Codes Which May Require Additional Project Review / Permits:

The project will be reviewed for compliance with POMC Title 20 and the Shoreline Master Program (adopted as POMC 20.164). Public Comment Period: Any interested person may comment on this application. The comment period will remain open for 30 days. The deadline to submit comments is March 3, 2023, at 4:30pm. Any interested person may request notification of any hearings or meetings and request a copy of the decision once made. Requests must be addressed to City of Port Orchard Permit Center, Attn: Planning Clerk, 216 Prospect Street, Port Orchard, WA  98366, 360-874-5533. The Notice of Decision will be provided to all parties of record. Examination of File: The application file may be examined at the DCD Permit Center, 720 Prospect Street, Port Orchard, WA  98366, by appointment between the hours of 8 AM and 4 PM, Monday through Friday, except holidays. To schedule an appointment please call 360-874-5533 and indicate the Permit Number and Project Name for the file you would like to examine. Staff Contact for this Application: Jacob Miller Associate Planner jmiller@portorchardwa.gov 360-874-5533 Review Authority and Appeals: The director makes a final decision on the street use permit application without a hearing, which can be administratively appealed as set forth in POMC 12.24.200. Issuance of a street use permit is not a quasi-judicial decision, and the city is not required to hold an open record or closed record hearing (as defined in RCW 36.70B.020) on any decision.

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