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016-08 - Resolution - Approving Conditional Use Permit to for Equipment Rental FacilityRESOLUTION NO. 016-08 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON APPROVING A CONDmONAL USE PERMIT, (CUP 02027-07) TO ALLOW PLACEMENT AND OPERATION OF AN EQUIPMENT RENTAL FACILTIY IN THE COMMERCIAL ZONING DESIGNATION (CO). Tax Account No. 252401-3-042-2002 Legal Description: A portion of theSE '14 of the SW '14, Section 25, Township 24N, Range 1E., W.M., Kitsap County Washington WHEREAS, the applicant, Westland Keys LLC., submitted an application for a Conditional Use Permit (CUP), on September 14, 2007; and WHEREAS, the proposed purpose of this request is to construct a 10,000 square foot building for operating a equipment rental facility; and WHEREAS, the site of the proposed use has Commercial zoning and operating an equipment rental facility requires a Conditional Use Permit; and WHEREAS, the issuance or granting of a CUP is governed by B3 Section 3 of Ordinance No. 1748 and Title 16.35; and WHEREAS, a Determination of Non Significance was issued on December 8, 2007; and WHEREAS, On December 14, 2007, thence continued without discussion on January 22, 2008, 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; 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 construction of a 10,000 square foot equipment rental facility at the NE corner of Mile Hill Drive and Plisko Lane; and WHEREAS, after proper notification the City Council held a public hearing on February 12, 2008; 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. 016-08 Page 2 of 7 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 February 12, 2008 together with Attachments. b. Exhibit A, drawing showing limits of curb return construction c. Planning Commission Staff Report dated December 17, 2007 d. Planning Commission Resolution 001-08 e. SEPA/Hearing notice f. Application materials g. Draft Planning Commission Minutes 2. Thomas Bonsell, Assistant Planner, presented the Council Agenda staff report. 3. Mark Kulman, Team4 Engineering testified on behalf of the applicant. 4. Gil Michael, private citizen testified against the current building configuration. FINDINGS AND CONCLUSIONS 1. The Council adopts the findings and conclusions as set forth in the staff report and Planning Commission Resolution No. 001-08, 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. Resolution No. 016-08 Page 3 of 7 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 (CUP027-07), subject to the conditions set forth in Planning Commission Resolution No. 001-08, 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 26th day of February, 2008. AlTEST: \___ ___ ,,, A Q' ,, j)tl (! J JCuAle. (/J1 L<'.c !:-,~-;:, Michelle Merlino, City Clerk ATTACHMENT A RESOLUTION NO. 001-08 Resolution No. 016-08 Page 4 of 7 A RESOLUTION OF THE CTIY OF PORT ORCHARD, WASHINGTON, PLANNING COMMISSION RECOMMENDING APPROVAL WITH CONDmONS THE SITE-SPECIFIC REZONE APPLICATION FOR PROPERTY LOCATED AT THE NE CORNER OF MILE HILL ROAD AND PLISKO LANE Parcel number 252402-3-042-2002 WHEREAS, the applicant filed an application with the City (R-1166) on September 14, 2007 for a site specific rezone of a parcel totaling 1.97 acres, from R 4.5 to Commercial (CO); and WHEREAS, on January 22, 2008, the Planning Commission held a public meeting; and WHEREAS, being fully advised, the Planning Commission finds and concludes as follows: TESTMONY AND EXHIBITS The Planning Commission bases its Findings and Conclusions upon the following Exhibits and Testimony that it finds to be relevant, credible, and persuasive. 2. The following documents were admitted into the record: a. City Council Agenda Staff Report dated February 12, 2008 together with Attachments. b. Exhibit A, drawing showing limits of curb return construction c. Planning Commission Staff Report dated December 17, 2007 d. Planning Commission Resolution 001-08 e. SEPA/Hearing notice f. Application materials g. Draft Planning Commission Minutes 2. Thomas Bonsell, Assistant Planner, presented the Council Agenda staff report. 3. Mark Kuhlman, Team4 Engineering testified on behalf of the applicant. 4. Gil Michael, private citizen testified against the current building configuration. FINDINGS General 1. The application for a Site-Specific Rezone (R-1166) and Conditional Use Permit (CUP027-07) was received September 14, 2007. Resolution No. 016-08 Page 5 of 7 2. The Determination of Completeness was issued on September 28, 2007. 3. The MONS was issued on December 8, 2007. 4. Water and sewer are provided by the City of Port Orchard, and City water and sewer service is available to this parcel. Site Conditions 5. The site is 1.97 acres of pasture grasses including some invasive Himalayan blackberries around the perimeter of the property. 6. The site does not contain significant trees. 7. The site slopes generally from 5 to 30 percent downward from west to east. Adjacent to Plisko Lane and Mile Hill Drive are slopes up to 68 percent resulting from the road construction cut and fill process. The steeper slopes are generally not impacted by construction of building however, at time of the comprehensive building permit review, a geotechnical report may be required. 8. Stormwater is proposed to leave the site through a two cell detention pond, a bio swale, storm water treatment facility and then stormwater conveyances to Arnold Creek. 9. A wetland report dated May 31, 2006, prepared by Wiltermood and Associates states that there are no regulated wetlands on the site. 10. Grading at the site is expected to be generally associated with the creation of a level building site, parking and a circular driveway around the building. Land Use/Zoning 11. The site is currently zoned Residential 4.5 (R-4.5). 12. The Comprehensive Plan Designation for the parcel is Commercial (CO). 13. The use table found in Chapter B3 of the zoning ordinance describes "miscellaneous equipment rentals" as a Conditional Use (CUP) in the commercial zone. 14. Setbacks and landscaping buffers are in conformance with Chapter Cl Sections (9-10) and Chapter C4 of the Zoning Ordinance as shown in the site plan. 15. Although the projects fronts Mile Hill Road, access will be from Plisko Lane. CONCLUSIONS a. The proposed equipment rental facility is consistent with the Comprehensive Plan facilitated through a Conditional Use Permit. b. The proposed development is consistent with the Zoning Ordinance facilitated through a Conditional Use Permit. c. The proposed development will provide employment and service opportunities for residents of Port Orchard and the South Kitsap area. CONDmONS OF APPROVAL SEPA All conditions of the SEPA Mitigated Determination of Non-Significance issued on December 8, 2007 shall be conditions of approval for this Site-Specific Rezone. Zoning 1. All conditions identified by City Departments and other agencies must be met prior to the approval of final construction plans. Resolution No. 016-08 Page 6 of 7 2. A landscaping plan in accordance with Chapter C4 of the Zoning Ordinance shall be provided. 3. Prior to Certificate of Occupancy, the landscaping must be approved by the Planning Director and bonded according to the provisions of Chapter C4, Section 22. The bond is subject to approval by the Planning Director and/or the City Attorney. 4. Except for areas of undisturbed existing vegetation or low areas with existing high soil moisture conditions, landscaped areas shall have temporary (or permanent) irrigation systems. Temporary systems may be removed after 24 months, or two growing seasons, whichever occurs first. 5. A separate sign permit is required for any signage proposals. Signs should meet the requirements of Chapter 15.16 of the Port Orchard Municipal Code. Fire Prevention 6. A minimum of 1,500 gallons of water per minute, measured at a residual pressure of 20 p.s.i, will be required to provide adequate fire flow for a building of 10,000 square foot. The minimum fire flow also includes a 50 percent reduction since the building will be required to have a fire sprinkler system installed meeting National Fire Protection Association standard 13. The two Fire Hydrant indicated on the plans appears to be adequate for fire flow. 7. Fire department access around the building appears to be adequate as indicated on the plans. 8. Plans for the fire alarm system and the sprinkler system must be approved South Kitsap Fire & Rescue prior to installation. Separate permits are required for each installation. Submittals for review must include specifications on all devices to be installed. 9. If any of the building occupants plans to use, store or handle any flammable or combustible liquids or hazardous materials, information on the type and quantities of materials needs to be submitted to the Fire District so that further building and storage requirements may be addressed. Stormwater 10. Stormwater quantity control, water quality treatment, and erosion and sedimentation control shall be designed in accordance with City of Port Orchard Municipal Code, Chapter 15.32. 11. The Applicant or his designee is responsible for permanent stabilization and restoration of the project site. 12. All stormwater system improvements shall be completed prior to issuance of any building permits. 13. The Applicant or Engineer shall submit the Operation and Maintenance Manual for review and acceptance by the City Engineer prior to Certificates of Occupancy. 14. The applicant must design and employ best management practices to control erosion and sedimentation from the construction activities on site. These measures include silt fencing, stabilized construction entrance and exposed surface covering. Silt fencing must be in place prior to commencement of construction activities. 15. A geotechnical report must be submitted to provide soil assessment of the site and would be used for the new pavement and foundation design of new structures. Resolution No. 016-08 Page 7 of 7 Recommendation of the geotechnical report shall be conditions of approval for this proposal 16. A final storm drainage report must be submitted to the city for review. The developer must provide both stormwater detention and treatment and quality control for the total new impervious surface per City of Port Orchard Stormwater Management Manual. 17. Oil/water separators which can efficiently separate oils and solids from a wastewater discharges must be installed as part of the storm water facilities. Oil/water separators are "in-line" devices used to remove oils and greases (and sometimes solids) from industrial waste streams and stormwater discharges. They are required to be treated before discharge offsite. 18.Removed Traffic/Roads/Building 1. The access to and from the proposed Premier Rental will be provided through an entrance along Plisko Lane. Detailed plans for access and parking lot should be submitted for review. The width of this entrance should be designed based on the traffic study and Traffic Impact Analysis prepared by Heath and Associates Inc., dated July 2007 and based on City of Port Orchard design standards. 2. The developer is required to provide half-street frontage improvements long Plisko Lane. These improvements include street paving, curb/gutter, landscaping, franchise utilities under-grounding and stormwater system installation. 3. At the junction of Plisko Lane and Mill Hill Drive, the developer is required to provide curb, gutter and sidewalk on the northeasterly side or Plisko Lane from the intersection of Plisko Lane with Mile Hill Drive to the most westerly property line. In addition, the applicant is required to install curb, gutter and sidewalk on the westerly side of Plisko lane from the intersection with Mile Hill Drive a distance of approximately 60 feet as shown on attached Exhibit A 4. The developer shall install the recommendations of the TIA including signage and Plisko Lane improvements for south bound traffic. 5. Prior to final plan approval, construction plans shall be submitted and approved by the City Engineer for all road improvements. 6. All recommendations contained in the July, 2007 Traffic Impact Analysis from Heath and Associates Inc. shall be followed.