1933 - Resolution - Conditional Use Permit for Kae Soung, LLCRESOLUTION NO. 1933
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON PROVIDING A CONDITIONAL USE PERMIT
FOR KAE SOUNG, LLC, TO REDEVELOP AN EXISTING
COMMERCIAL CENTER TO INCLUDE A MINI-MART/FUEL
STATION.
WHEREAS, the city adopted the revised Shoreline Master Program in 1994 to regulate the
property within the jurisdiction of that program; and
WHEREAS, the applicant submitted a Substantial Development Permit and Conditional Use
Permit Application on February 12, 2001 for shorelines review to redevelop a portion of an existing
commercial center to include a mini-mart/fuel station within 200 ft. of the Shoreline of Blackjack Creek,
located at 1 00 Bethel Avenue, and
WHEREAS, this project has received a Mitigated Determination of Non-Significance for the
project by the City SEPA Official; and
WHEREAS, a public hearing was held on April 2, 2001 by the City Council to hear facts and
testimony concerning granting a Conditional Use Permit with regard to the Shoreline Management Program;
and
WHEREAS, the City Council has determined that appropriate provisions are made with
the application as conditioned to ensure a furtherance of the public's general health, safety, and welfare,
and
WHEREAS, the City Council has determined that the granting of a Conditional Use
Permit is consistent with the intent of the Shoreline Management Program, now therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON HEREBY
RESOLVES AS FOLLOWS:
THAT: The City of Port Orchard recommends approval to the Department of Ecology for
the granting of a Conditional Use Permit to Mr. Kae Soung, LLC, applicant to allow redevelopment of the
existing commercial center to include a mini-mart/fuel station with associated parking, landscaping, road, and
stromwater improvements to the site with the following conditions:
A. PLANNING:
-------t:--AH-projec!"proposals are-subject to tl 1e conditions-of-approval-fur-all-reqtfiFed-permi!s,-t~flless-meEiifieEi-------
herein.
2. The applicant shall demonstrate how large tanker trucks will access the site and provide product on a
regular basis.
3. Building plans shall be submitted to the city for architectural review to ensure that it is designed to be
attractive and unobtrusive (i.e. cutouts, cantilevers, etc.).
4. .A final Landscape Plan comprised of native/indigenous species and including street trees along
Maple Street shall be submitted and approved.
Resolution No. 1933
Page 2 of3
5. The portion of the site along Maple Street shall be revegetated utilizing the guidelines of a Habitat
management Plan as set forth in Chapter 3 Section 3(2)(a) of the Critical Areas Ordinance. This
plan shall provide a filtered screen of the existing and proposed buildings and lights.
6. Enhancement of existing landscaping throughout the site shall include a mix of evergreen shrubs
and conifers, with a mix of deciduous native street trees.
7. The applicant should propose a water quality-monitoring program.
8. The applicant should propose an Oil Spill Containment and Recovery Emergency Management Plan
that demonstrates the methods for on-site mitigation of water or soil contamination caused by
emergencies or incidental spills to be approved by engineering and the fire department.
9. Any proposed lighting shall be shielded and directed away from adjacent property and water
bodies.
B. ENGINEERING:
10. The stormwater system shall be designed and constructed to meet the standards that are in
effect at the time of the issuance of the building permits.
11 . The stormwater system shall be designed by a professional engineer.
C. FIRE DISTRICT #7:
12. 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.
13. Fire department access around the area and buildings must consist of the following:
14. The unobstructed width of a fire apparatus access road shall be not less than 20 feet.
15. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with
approved provisions or the turning around of fire apparatus.
16. The canopy over the gas dispensers and the building eaves allow for vertical clearance of not
less than 13 feet 6 inches in height.
17. The turning radius of a fire apparatus access road shall be a minimum of 35 feet inside diameter
and 48 feet outside diameter.
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18. Access roads less than 26 feet wide shall be marked as fire lanes on both sides of the street.
Access roads at least 26 feet wide but less than 32 feet wide shall have at least one side of the
road marked as a fire lane. Access roads at least 32 feet wide need not have fire lane markings.
19. Location of portable fire extinguisher with a minimum rating 2A-20BC being located and mounted
within 75 feet of the pumps. The minimum acceptable fire extinguisher for other areas of the
building is a 5 pound, dry chemical, ABC extinguisher. Extinguishers shall be mounted in
accessible locations, 3 to 5 feet above the floor and located so that an extinguisher is within 75
feet of travel distance from any point in the building.
20. A Rapid Access key box will be required because immediate access is necessary for life-saving
and firefighting purposes. Immediate access to the fire alarm panel is also required. The owner
will be required to provide keys to gain access to all portions of the building. The Rapid Access
box should be located adjacent to the main entrance unless the Fire District approves an
Resolution No. 1933
Page 3 of3
alternate location. An application for a Rapid Access box can be picked up at 200 Tremont Street
and should be returned directly to the Fire District.
21. Depth and covering of underground storage tanks shall be in accordance with section 7902.6.4
of the Uniform Fire Code 1997. Also, covered in this section is the anchoring of the underground
tanks.
22. The tanks venting systems shall be provided with sufficient capacity to prevent blowback of vapor
or liquid at the fill opening when the tanks is being filled. Vent outlets shall be protected to
minimize the possibility of blockage from weather, snow, dirt or nests.
23. Activation of the emergency shutdown devices shall stop the transfer of fuel to the dispensers.
Such devices shall be distinctly labeled EMERGENCY FUEL SHUTDOWN DEVICE; signs shall
be provided in approved locations.
24. Smoking and open fiames shall be prohibited in areas where fuel is dispensed. The engines of
vehicles being fueled shall be stopped. Signs prohibiting smoking, prohibiting dispensing into
unapproved containers, and requiring vehicle engines to be stopped during fueling shall be
conspicuously posted within sight of each dispenser.
25. Flammable and combustible liquids shall not be discharged or released on sidewalks, streets,
highways, drainage canals, ditches, storm drains, sewers, flood-control channels, lakes, rivers,
tidal waterways, or the ground.
26. In the event of a spill, leak, or discharge from a tank system, a site assessment shall be
completed by the owner or operator of such tank system if the Fire District determines that a
potential fire or explosion hazard exists. Such site assessments shall be conducted to ascertain
potential fire hazards and shall be completed and submitted to the Fire District within a time
period established by the Fire District not to exceed 60 days.
27. Dumpsters shall not be located within 5 feet of combustible walls, openings or combustible roof
eave Jines. The dumpster enclosure should be of non-combustible construction
28. A final inspection of the occupancy will be required, by a member of the Fire District 7
Prevention/Education office, before a Certificate of Occupancy is issued from the City of Port
Orchard. All requests for inspections must be made to the Fire District 7 Prevention/Education
Office at least two business days in advance.
PASSED by the City Council of the City of Port Orchard PPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 23"' day of p il 2001.
~b'A'? LESLIE J. WEATHERJL , AYOR
ATTEST/:) a~ A
Patricia Parks, City Clerk