040-06 - Resolution - Approving a Conditional Use Permit to Allow Placement of a Portable Classroom BuildingCity of Port Orchard
216 Prospect Street
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Port Orchard, WA 98366
FORT ORcHARD L.ITY OF RESOL. $37 .SS Kits<1p Co .. WA
RESOLUTION 040-06
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON
APPROVING A CONDmONAL USE PERMIT (CUP 022-06) TO
ALLOW PLACEMENT OF A PORTABLE CLASSROOM BUILDING ON A
PROPERTY ZONED RESIDENTIAL 4.5 (R4.5)
Tax Account No. 252401-3-003-2009
Legal Description: The SE 1f4 of the SW 1f4 of Section 25, Township 24N, Range
1E., W.M., Kitsap County Washington
WHEREAS, the applicant submitted an application for a Conditional Use Permit
(CUP) and a SEPA checklist on July 25, 2006; and
WHEREAS, the proposed purpose of this request is to provide a classroom for
the Community Transition Program educational program for developmentally delayed students
during regular school hours, and
WHEREAS, the site of the proposed use is R4.5 and requires a CUP for any
educational services; and
WHEREAS, the issuance or granting of a CUP is governed by B3 Section 3 of
Ordinance No. 1748; and
WHEREAS, a Determination of Nonsignificance was issued on September 5,
2006; and
WHEREAS, On September 18, 2006, the City Planning Commission held the
required public meeting in accordance with the criteria set forth in Chapter B3: Permitted,
conditional, and special use tables of Ordinance No. 1748, Zoning Ordinance of the City of Port
Orchard and in the Planning and Development Procedures established under Resolution No.
1844; and
WHEREAS, the City Planning Commission took testimony, reviewed materials
and considered all information presented, and recommended approval, with conditions, of a
Resolution No. 040-06
Page 2 of 3
Conditional Use Permit to allow for the placement of a 1,568 square-foot portable classroom on
a 0.61 acre site, zoned R4.5 as indicated in Planning Commission Resolution 020-06, and;
WHEREAS, after proper notification the City Council held a public hearing on
October 9, 2006, and
WHEREAS, the City Council has considered all other relevant facts and has
determined that the public interest will be served by the conditional use; 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 October 9, 2006, together with
Attachments.
2. Joanne Long-Woods, Planning Director, presented the Council Agenda staff report.
3. Tom O'Brien, Facilities Manager for South Kitsap School District, presented the case
for the applicant and answered questions of the Council.
FINDINGS AND CONCLUSIONS
1. The Council adopts the findings and conclusions as set forth in the staff report and
Planning Commission Resolution No. 020-06 as its own, and the same are
incorporated by reference.
2. The proposed project will be designed in a manner that is compatible with the
character and appearance with the existing, or proposed development in the vicinity
of the subject property.
3. The proposed project will not hinder neighborhood circulation or discourage the
permitted development or use of neighboring properties due to the location, size,
and height of buildings, structures, walls and fences, and screening vegetation of the
proposed conditional use.
4. The proposed project will be designed in a manner that is compatible with the
physical characteristics of the subject property.
5. The proposed project will mitigate impacts in a manner equal to or greater than the
standards of the City codes.
6. The proposed project will not conflict with the health and safety of the community.
PORT ORCHARD CITY OF
Resolution No. 040-06
Page 3 of 3
7. The proposed project will not create pedestrian and vehicular traffic that will be
hazardous or conflict with existing and anticipated traffic in the neighborhood.
8. The proposed project will provide adequate public facilities or services and will not
adversely affect public services to the surrounding area, or conditions can be
established to mitigate adverse impacts on such facilities.
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 hearing, and the findings and conclusions set forth above, the City Council
approves the conditional use permit application (CUP022-06), subject to the conditions set forth
in Planning Commission Resolution No. 020-06 attached hereto as Attachment "A" together with
the following additional conditions of approval:
5. Shutters shall be installed on the windows on the Mitchell Avenue side of the
building, and additional shrubbery may be required, as necessary, along the street
frontage.
PASSED by the City Council of the City of Port Orchard, signed by the Mayor and
attested by the Interim City Clerk in authentication of such passage this 23rd day of October,
2006.
KIM E. ABEL, MAYOR
ATTEST:
"--tK(e_Jdet nuJ 12-.y~
Michelle Merlino, Interim City Clerk
-
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
RESOLUTION NO. 020-06
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON PLANNING COMMISSION RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT (CUP 022-06) TO
ALLOW PLACEMENT OF A PORTABLE CLASSROOM BUILDING
ON A PROPERTY ZONED R4.5
Tax Account No. 252401-3-003-2009
Legal Description: The SW% of Section 25, Township 24N, Range 1 E., W.M.,
Kitsap County Washington
WHEREAS, the applicant submitted an application for a Conditional Use Permit
and a SEPA checklist on July 25, 2006; and
WHEREAS, a Determination of Nonsignificance was issued on September 5,
2006;and
WHEREAS, On September 18, 2006, the City Planning Commission held the
required public meeting in accordance with the criteria set forth in Chapter 83: Permitted,
conditional, and special use tables of Ordinance No. 1748, Zoning Ordinance of the City of Port
Orchard and in the Planning and Development Procedures established under Resolution No.
1844, and in conformance with ESHB 1724, and;
WHEREAS, the City Planning Commission took testimony, reviewed materials
and considered all information presented, and recommended approval, with conditions, of a
Conditional Use Permit to allow for the placement of a 1 ,568 square-foot portable classroom on
a 0.61 acre site, zoned R4.5, and;
WHEREAS, the proposed purpose of this request is to provide a classroom for
the Community Transition Program for developmentally delayed students during regular school
hours; now, therefore,
THE CITY PLANNING COMMISSION OF THE CITY OF PORT ORCHARD,
WASHINGTON DOES HEREBY RECOMMEND TO THE CITY COUNCIL:
Approve the issuance of a Conditional Use Permit, CUP022-06 to allow for the
placement of a portable classroom building, with the following findings, conclusions, and
conditions.
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PORT ORCHARD C ITi' OF RESOL $'37 . @@ Kit. s<~p Co, I~A
FINDINGS
1. The site (751 Mitchell Ave) is designated Commercial in the Comprehensive Plan.
2. The site is zoned R4.5.
3. An application for a Conditional Use permit was received on July 25, 2006.
4. The proposed conditional use will allow for the placement of a 1 ,568 square-foot
portable classroom building to the property for use as an instructional "house" for
developmentally delayed students, aged 18-21.
5. No additional noise will be generated.
6. Frontage improvements meeting City standards including drainage improvements,
sidewalk and gutter are in place.
7. Pedestrian improvements and Landscaping are in place, however, additional
landscaping may be required.
8. The proposal is not in compliance with the applicable Comprehensive Plan goals and
policies. However, the South Kitsap School District intends to seek a
Comprehensive Plan amendment in the future for a Community Facilities
designation.
9. The proposed conditional use, as conditioned, is consistent with the applicable
Zoning requirements for the R4.5 zone.
CONCLUSIONS:
1. The proposed conditional use is consistent with the zoning ordinance.
2. The proposed conditional use is not consistent with the comprehensive plan.
3. The proposed portable classroom will be designed in a manner which is compatible
with the character and appearance with the existing, or proposed development in the
vicinity of the subject property:
4. The proposed conditional use wiill not hinder neighborhood circulation or discourage
the permitted development or use of neighboring properties due to the location, size,
and height of buildings, structures, walls and fences, and screening vegetation of the
proposed conditional use;
5. The proposed portable classroom will be designed in a manner that is compatible with
the physical characteristics of the subject property;
6. The impacts of the portable classroom will be minimal, and will be mitigated in a
manner equal to or greater than the standards of the code.
7. The proposed conditional use will not conflict with the health and safety of the
community. It will actually play a part in increasing the health and safety by helping
PORT ORCHARD CIT'( OF
the students to learn valuable life skills and become contributing members of the
community.
8. The proposed conditional use will not create pedestrian and vehicular traffic that will be
hazardous or conflict with existing and anticipated traffic in the neighborhood
9. The proposed conditional use will provide adequate facilities and services for the
students and staff of the Community Transition Program and will not have adverse
impacts on existing facilities.
RECOMMENDATION: Approval with the following conditions:
1. All Best Management Practices for erosion and sedimentation control shall be followed
during site development and during construction.
2. If the proposed wall will exceed four feet in height, it must be engineered, and plans
shall be submitted to the City for review with site development permits. Any walls eight
feet or higher will require a variance.
3. A landscaping plan that meets the requirements of Section C4 of the Zoning
Ordinance; Landscape Standards, will need to be submitted with clearing and grading
permits and approved by Planning, prior to the issuance of a Certificate of Occupancy.
4. The site will be served by City of Port Orchard water and sewer. The Applicant shall
provide a copy of approved "No Protest Agreement" for sewer line extension.
Passed by the Planning Commission of the City of Port Orchard, WA this 18th day of
September, 2006.
Gil Michael, Planning Commission Chair
Joanne Long-Woi6'ds, Planning Director
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PORT ORCHARD CITY OF RESOL $37 . GG Kit sap Co' WA