1943 - Resolution - Denying Conditional Use Permit Regarding Blackjack Creek CasinoRESOLUTION NO. 1943
A RESOLUTION OF THE CI1Y OF PORT ORCHARD, WASHINGTON,
DENYING CONDITIONAL USE PERMIT NO. 004-01 REGARDING THE
BLACK JACK CREEK CASINO
WHEREAS, an application was submitted for a Conditional Use Permit to locate a
restaurant, lounge, and casino in a portion of the West Bay Center. The Application was assigned City
filing number CUP 004-01; and
WHEREAS, on May 21, 2001 the Planning Commission held a public meeting and after
the public meeting adopted Planning Commission Resolution 320-01 which is incorporated herein by
reference; and
WHEREAS, the City Council held a public hearing on the application on June 25, 2001;
and
WHEREAS, the Planning Commission requested that the Applicant provide to the City
Council any changes that he proposed to make to the exterior of the building; and
\IVHEREAS, at the public hearing the Applicant testified that he intended to make
changes to the exterior of the building but until the Conditional Use Permit was approved he was not
going to incur the expense of meeting with the Owner and determining the extent and nature of those
improvements;
WHEREAS, Section 3 of Chapter B3 of the City of Port Orchard Zoning Code states that
a conditional use permit shall be granted only if the applicant demonstrates that the conditional use:
a. 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;
b. 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;
c. Will be designed in a manner that is compatible with the physical characteristics
of the subject property;
d. Will mitigate impacts in a manner equal to or greater than the standards of this
code;
e. Will not conflict with the health and safety of the community;
f. Will not create pedestrian and vehicular traffic that will be hazardous or conflict
with existing and anticipated traffic in the neighborhood; and
g. 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.
WHEREAS, without knowing the manner and nature of exterior changes to the building
and/or the property upon which the proposed use is located the City Council can not determine whether
Resolution No. 1943
Page2 of2
the proposed use 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; and
WHEREAS, without knowing the exterior improvements that are intended to be made as
part of this project the City Council can not determine whether the proposed use will be designed in a
manner which is compatible with the physical characteristics of the subject property; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
SECTION 1 The Application should be denied because the Applicant has failed to carry
his burden of proof to demonstrate that the proposed use will be designed in a manner which will be
compatible with the character and appearance with existing or proposed development in the vicinity of the
subject property.
SECTION 2. The Application should be denied because the Applicant has failed to carry
his burden of proof to demonstrate that the proposed use will be designed in a manner that is compatible with
the physical characteristics of the subject property.
SECTION 3 The Conditional Use Application CUP 004-01 is denied.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
'< ~' Cl"' io ""'""i""M <> '""" P"'~9" ~-Z<" W; ol '"" ~ ~
LESLIE J. WEATHERILL, MAYOR
ATTEST:
Patricia Parks, City Clerk