1977 - Resolution - Conditional Use Permit Regarding Blackjack Creek CasinoRESOLUTION NO. 1977
A RESOLUTION OF THE CITY OF PORT ORCHARD. WASHINGTON.
APPROVING 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 Shopping 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 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
WHEREAS, the City Council held a Public Hearing on the application on June 25, 2001;
and
WHEREAS, the City Council passed Resolution No. 1943 denying the Application for
Conditional Use Permit approval based on a finding that the applicant had not provided sufficient
architectural details to demonstrate land use compatibility with surrounding uses; and
WHEREAS, the Superior Court of the State of Washington. on March 13, 2002,
rendered a decision in Superior Court Case No. 012022727, reversing the decision of the Port Orchard
City Council, and also remanded the application back to the City with the order thai the application for
"Blackjack Creek Casino", be approved as submitted; now therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
SECTION 1. Application CUP-004-01, submitted by Henry and Karen O'Sullivan, is
approved as submitted, subject to the staff recommended conditions for approval, as attached hereto:
A. PLANNING:
1. All project proposals are subject to the conditions of approval for all required
permits, unless modified herein.
2. Building plans shall be submitted to the city for architectural review to ensure that it
is designed to be attractive and unobtrusive.
3. An engineering evaluation of the structure shall be completed to investigate
improving the structures performance in future earthquakes prior to project
approval.
4. Any proposed lighting shall be shielded and directed away from adjacent
property and water bodies.
B. ENGINEERING:
Resolution No. 1977
Page 2 of 2
5. All pavement failures, due to the earthquake, will be repaired before the business
is open to the public.
6. All water and sewer fees will be paid before the building permit for tenant
improvements is issued.
7. Parking lot striping and traffic sign replacement shall be submitted to the City for
approval and will be completed before the business is open to the public.
C. FIRE DISTRICT #7:
8. Buildings shall be constructed in accordance with the provisions of the Uniform
Fire Code, and the Uniform Building Code, as adopted and enforced by City of
Port Orchard. All construction shall be in accordance with Article 87, Fire Safety
During Construction, Alteration or Demolition of a Building.
9. Alterations to the sprinkler system must be approved by the Fire District #7
Prevention/Education office before any work can be started. Also if any of the
fire protection systems will be down for any period of time, the applicant must
submit a time framer and dates the system will be down to the
Prevention/Education office for approval prior to shutting any systems off.
10. The building occupancy is classified as a Group A, Division 2.1, a manual fire
alarm system must be installed. Plans for the fire alarm system must be
approved by the fire District #7 prior to installation.
11. If commercial cooking equipment is installed and that equipment produces
grease-laden vapors, a kitchen hood extinguishing system will need to be
provided and an appropriately sized K-class fire extinguisher shall be located
within 30 feet of the kitchen cooking equipment. All plans for fire suppression
systems must be approved by the Fire 0 istrict #7 Prevention/Education office
prior to the installation.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 28 1
h day of May 2002. /)
t:tJ~~tm.~
LESLIE J. WEAT""'RERILL, MAYOR
Patriciil Parks, City c erk