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1934 - Resolution - Substantial Development PermitRESOLUTION NO. 1934 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON PROVIDING A SUBSTANTIAL DEVELOPMENT 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 100 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 Substantial Development 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 Substantial Development 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: 1. All project proposals are subject to the conditions of approval for all required permits, unless modified 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. 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. Resolution No. 1934 Page2 of3 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 a n 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. 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 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. Resolution No. 1934 Page 3 of3 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 flames 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 lines. 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, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 23rd day of April 2001. LESLIE J. WEATHERILL, MAYOR ATTEST: ctfl::_ctfl Patficia Parks, City Clerk