023-07 - Resolution - Conditional Use Permit to Allow Deli and Espresso Stand at 1340 Lumsend RoadRESOLUTION NO. 023-07
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, APPROVING A CONDmONAL USE PERMIT
(CUP 026-07) TO ALLOW A DELI AND ESPRESSO STAND AT
1340 LUMSDEN ROAD, ON A PROPERTY ZONED
EMPLOYMENT -INDUSTRIAL / OFFICE.
Tax Account No. 5392-000-007-0107
Legal Description: SW '14 of Sec. 34, T24N, R1E, W.M.,
Kitsap County, Washington
WHEREAS, the applicant submitted an application for a Conditional Use Permit
on August 30, 2007; and
WHEREAS, the proposed purpose of this request is to establish a deli and
espresso stand in an existing industrial office building in the Port Orchard Industrial Park; and
WHEREAS, the site of the proposed use is zoned Employment -
Industrial/Office and requires a CUP for eating and drinking establishments; and
WHEREAS, the issuance or granting of a CUP is governed by B3 Section 3 of
Ordinance No. 1748; and
WHEREAS, on September 17, 2007, 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, reviewed materials and considered all
information presented, and recommended approval, with conditions, of a Conditional Use Permit
to allow the proposed deli and espresso stand as shown on the attached Planning Commission
Resolution 012-07; and
WHEREAS, after proper notification the City Council held a public hearing on
October 8, 2007; took testimony from the applicant; reviewed the application materials and
considered all information presented, and by unanimous vote, voted to approve the Conditional
Use Permit with conditions; 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
Resolution No. 023-07
Page 2 of 5
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 8, 2007, together with
Attachments.
2. The following testimony was taken and recorded:
a. Planning Director Long-Woods, presented the Council Agenda staff report.
b. Annette Stewart, applicant, spoke in favor of the conditional use permit.
FINDINGS AND CONCLUSIONS
1. The Council adopts the findings and conclusions as set forth in the staff report and
Planning Commission resolution number No. 012-07 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.
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.
Resolution No. 023-07
Page 3 of 5
WHEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON RESOLVES AS FOLLOWS:
THAT, based upon the recommendations of City staff and the findings and
conclusions set forth above, the City Council approves the conditional use permit application
(CUP 026-07), subject to the conditions set forth in Planning Commission Resolution No. 012-07
attached hereto as Attachment "A."
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 22nd Day of October, 2007.
KIM E. ABEL, MAYOR
ATTACHMENT "A"
RESOLUTION NO. 012-07
Resolution No. 023-07
Page 4 of 5
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON PLANNING COMMISSION RECOMMENDING
APPROVAL OF A CONDffiONAL USE PERMIT (CUP 026-07)
TO ALLOW A DELI AND ESPRESSO STAND IN AN EXISTING
INDUSTRIAL OFFICE BUILDING LOCATED IN THE PORT
ORCHARD INDUSTRIAL PARK ON A PARCEL ZONED
EMPLOYMENT-INDUSTRIAL OFFICE (EO).
Tax Account No. 5392-000-007-0107
Location: 1340 Lumsden Road, Suite 110, in the Port Orchard Industrial Park
Division I. The SW V4 of the SW 1/4 of Section 34, Township 24N, Range 1E.,
W.M., Kitsap County Washington
WHEREAS, the Applicant submitted a conditional use permit application on
August 30, 2007; and
WHEREAS, eating and drinking establishments are a conditional use in the
employment-industrial office (EO) zone; and
WHEREAS, on September 17, 2007, 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 in conformance with ESHB 1724, and;
WHEREAS, the City Planning Commission reviewed materials and considered all
information presented, and recommended approval, with conditions, of a Conditional Use Permit
to allow for a small deli/espresso stand at 1340 Lumsden, Suite 110, with conditions;
THE CITY PLANNING COMMISSION OF THE CITY OF PORT ORCHARD,
WASHINGTON DOES HEREBY RECOMMEND TO THE CITY COUNCIL:
Approval the issuance of a Conditional Use Permit, CUP026-07 to allow for the
deli/espresso stand with the following findings, conclusions, and conditions.
FINDINGS
1. The site (1340 Lumsden) is zoned Employment-Industrial Office (EO).
2. The site is designated Industrial in the Comprehensive Plan.
Resolution No. 023-07
Page 5 of 5
3. An application for a Conditional Use permit was received on August 30, 2007.
4. The proposed conditional use will allow for the placement of a 350 square-foot deli
and espresso stand in an existing industrial building.
5. The proposed use is an allowed conditional use, provided that it does not exceed 25
percent of floor area or 4,000 square feet.
CONCLUSIONS:
1. The proposed conditional use is consistent with the zoning ordinance.
2. The proposed conditional use meets all the criteria of Chapter B3, Section 3 of the
Zoning Ordinance for conditional uses.
3. The proposal is in compliance with the applicable Comprehensive Plan goals and
policies.
RECOMMENDATION: Approval with the following conditions:
1. The applicant shall obtain a Certificate of Occupancy from the City of Port Orchard
Building Department.
2. The applicant shall obtain any necessary approvals from the Kitsap County Health
Department prior to occupancy.
3. Any future expansion of the proposed deli must meet floor area requirements, and
receive a tenant improvement permit from the City.
Passed by the Planning Commission of the City of Port Orchard, WA this lth day of September,
2007.
Gil Michael, Planning Commission Chair
Attest:
Joanne Long-Woods, Planning Director