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HomeMy WebLinkAbout00-021RESOLUTION No. O~9 -~9 ~ { A RESOLUTION APPROVING CONDITIONAL USE PERMIT APPLICATION NO. LUP00-002 WHEREAS, the San Juan Baptist Church has petitioned the City in accordance with Title 17 of the Port Townsend Municipal Code requesting a Conditional Use Permit to allow construction of a 28-foot-tall steeple with a 5' x 5' base to the existing 28-foot-tall church at 1740 Discovery Road, in the R-II and R-III zoning districts; and WHEREAS, the proposal was duly noticed pursuant to Chapter 20.01 of the Port Townsend Municipal Code and no comment letters from nearby property owners were received; and WHEREAS, Planning Commission conducted an open record public hearing for the purpose of taking testimony, heating evidence, considering the facts germane to the proposal, and evaluating the proposal for consistency with adopted plans and regulations; and WHEREAS, City Council has held a closed record public hearing for the purpose of considering the Planning Commission's recommendation and evidence in the record including any written comments and/or public testimony received; NOW THEREFORE, City Council hereby accepts and adopts the findings of fact, conclusions and project conditions as recommended by the Planning Commission dated March 9, 2000. ADOPTED by the City Council of the City of Port Townsend in regular session assembled this -T-hir0xtay of April, 2000. By: ~ ~ r ATTEST: Pamela Kolacy, City Clerk Approved as to form: John Watts, City Attorney City of Port Townsend Building & Community Development Waterman & Katz Building 181 Quincy Street, Suite 301 Port Townsend, WA 98368 (360) 379-3208 Fax 379-6923 FllqIDINGS OF FACT AND CONCLUSIONS OF THE PLANNING COMMISSION Date: March 9, 2000 RE] Conditional Use Permit (CUP), Application No. LUP00-002 San Juan Baptist Church After respectful consideration of the above-referenced application and after timely notification and hearing, the Port Townsend Planning Commission hereby submits to the City Council the following findings and conclusions: The applicant proposes construction of an approximately 28 foot tall steeple with a 5' x 5' base to the existing 28-foot-tall church. The total height would be approximately 56 feet. Speakers for audio transmission before, during and a~er church services are also proposed (Exhibit A - application). San Juan Baptist Church is located at 1740 Discovery Road, approximately 1,000 feet south of Sheridan Avenue; legally described as Blocks 160, 165 and 166 in the Eisenbeis Addition to the City of Port Townsend, together with those portions of vacated 18th and l'9th Streets (Exhibit B - site plan and street vacation ordinance). The site is located in both the R-II (medium density, single-family residential) and R-IH (medium density multifamily residential) zoning districts. Under the current zoning code churches are permitted in the residential zoning districts with a Conditional Use Permit. When the church was originally constructed a conditional use permit was not required. Under the current code, church buildings must comply with the requirements of PTMC 17.16.030, Residential bulk, dimensional and density requirements; however, towers, spires and.steeples exceeding the height requirements of that section may be allowed, provided they comply with Chapter 506 of the Uniform Building Code, Maximum Height of Buildings and Increases. Surrounding uses include Towne Point Planned Unit Development (manufactured homes) to the West, single-family residences and a day care center which is currently being developed to the East, and undeveloped parcels North and South of the site (Exhibit C - vicinity map). Conditional Use Permit #LUPO0-O02 San Juan Baptist Church Page 2 of 4 The property measures approximately 146,400 square feet in area, and is used for church services/classrooms, Red Cross disaster shelter, and associated parking. The existing church occupies approximately 41,680 square feet of the site. The proposed steeple would be constructed on top of the existing 41,680 square foot church. The base of the steeple would be approximately 25 square feet (Exhibit D). The site does not contain any environmentally sensitive areas as defined in Title 19 of the Port Townsend Municipal Code. The proposal is exempt from the requirements of the State Environmental Policy Act (SEPA) in accordance with WAC 197-11-800(1)(b)(iii). Public notice was published in The Leader and posted on the project site on February 2, 2000. No comments were received. Notice of the Planning Commission public hearing was published in The Leader on February 23, 2000. Analysis of Approval Criteria and Consistency with Applicable Goals and Policies Pursuant to the review procedures codified in Chapter 17.84 PTMC, the conditional use permit application has been reviewed for conformance with applicable goals and polities contained in the dty's comprehensive plan and other adopted city plans. Approval criteria, goals and policies are indicated in italics followed by a discussion of the project's conformance with the approval criteria/goal/policy. The City may approve or approve with modifications an application for a conditional use permit if the following criteria are satisfied: The conditional use is harmonious and appropriate in design, character and appearance with the existing or intended character and quality of development in the immediate vicinity of the subject property and with the physical characteristics of the subject property. The location and character of the proposed use, if developed according to the plan as submitted and approved, would be in harmony with the character of the area in which it is proposed to be located, and is in general conformity with the comprehensive plan. B. The Conditional use will be served by adequate public facilities including streets, fire protection, water, sanitary sewer, and storm water control. Conditional Use Permit #LUPO0-O02 San Juan Baptist Church Page 3 of 4 The proposed steeple addition to an existing permitted church is presently being served by adequate public facilities including streets, fire protection, water, sanitary sewer, and storm water control. C. The Conditional use will not be materially detrimental to uses or property in the immediate vicinity of the subject parcel. The proposed steeple addition is surrounded by church-owned property and the construction shall be in compliance with the Uniform Building Code (UBC). The conditional use has merit and value for the community as a whole, and is consistent with the goals and policies of the Port Townsend Comprehensive Plan. The Community Direction Statement declares: "A wide choice of housing types and prices is available for a diversity of lifestyles and incomes. Residential development is centered in distinct neighborhoods that are safe, secure, and have identities and characters of their own. Opportunities for socializing, recreation, quiet and solitude are all close at hand, as are facilities and events that enrich the body. mind and spirit" (City of Port Townsend Comprehensive Plan, Chapter V. The Housing Element, Goals & Policies, Introduction). Churches in Port Townsend typically have steeples. The addition ora steeple to an existing permitted church would be comparable to other neighborhoods within the City. The conditional use complies with all other applicable criteria and standards of the Port Townsend Municipal Code and the public interest suffers no substantial detrimental effect. The proposal was processed and reviewed in conformance with the Port Townsend Municipal Code ('PTMC), Chapters 17 (Zoning) and 20 (Administration of Land Development Regulations). The proposed use would be required to meet all the conditions and specifications set forth for uses in the residential zoning district in which the property is located. Churches with steeples are permitted in the R-II zoning district with a Conditional Use Permit. The City may impose additional conditions on a particular use if it is deemed necessary. for the protection of the surrounding properties, the neighborhood, or the general welfare of the public. No additional conditions are necessary to protect adjacent properties or the general public. Conditional Use Permit #LUPO0-O02 San duan Baptist Church Page 4 of 4 Conclusions and Recommendation In consideration of the aforementioned findings, and at, er timely notification and hearing, the Planning Commission, by a vote of five (5) in favor and none (0) opposed with none (0) abstaining, hereby recommends that the above-referenced Conditional Use Permit be GRANTED AS CONDITIONED: The proposed steeple requires a building permit and shall be in compliance with all building codes listed in the Port Townsend Municipal Code and obtain a final inspection prior to use. The proposal shall be developed in substantial conformance with the submitted site plan. The proposed use shall comply with these Findings of Fact, Conclusions and Conditions. In case of any conflict, Conditions shall prevail over Findings in interpreting or applying the same. Effective Period 1. A decision granting a conditional use permit shall become effective upon the date of such decision. A conditional use permit automatically expires and is void if the applicant fails to file for a building permit or other necessary deVelopment permit within three years of the effective date of the conditional use permit unless: The applicant has received an extension of time for the conditional use permit subject to PTMC 17.84.100; or B. The conditional use permit approval provides for a greater time period. Respectfully submitted on behalf'of the Port Townsend Planning Commission, Committee Chair ,CITY OF PORT TOWNSENP- - BUIL~G AND COM2WUN1TY DEVELG~dENT RECEIVE LAND USE PROPOSAL APPLICATION JAN 25 2000/11:16 AM~+50. C SAN JUAN BAPTIST EHUR[ Type of App.lication TYPE I ESA Waiver (TC 2130) ESA Minor Activity (TC 2117) Lot Line Adjustment (TC 2117) Minor Amendment to PUD (TC 2120) Minor Modification to Approved Prelim Plat CCC 2115) Temporary Use CrC 2140) Home Occupation CCC 2140) Shoreline Exemption CrC 2067) Other (TC 2140) TYPE I-A Binding Site Plan (TC 2115) C-II Design Review (TC 2140) Multi-Family Development CCC 2140) Lot Certification of 9 or fewer lots (TC 2 t 15) TYPE II Short Subdivision CfC 2115) LLA resulting in Lot Reorientation (TC 2117) Shoreline Rev/sion crc 2067) Environmentally Sensitive Areas Permit (TC 2130) Minor Variance crc 210o) Minor Conditional U~e CrC 2105) Personal Wireless Facility (2105) SEPA THRJESHOLD DETERMINA~ON Minor/Major/ElS CrC 2122) STRUT VACATION/VENDOR Street Vm:ation CrC 2160) Street Veador ftc 2140) /oo TYPE Ill Preliminary Full Subdivision (TC 2115) Plat Vacation (TC 2115) Plat Alteration CCC 21 I5) Lot Certification/Subdivision of 10 or more lots (TC 2115) Major Conditional Use (TC 2105) .~c,(7 .~/~'c~ ?'55%" Shoreline Management (TC 2067) Planned Unit Development (PUD) (TC 2120) Major Amendment to PUD CrC 2120) Major Variance CCC 2100) Site-Specific Rezones (TC 2100) Personal Wireless Facility (2105) TYPE IV Final Plats crc 2115) Final BUDs (TC 2120) TYPE V Comp. Plan Amendment (TC 2140) Development Regulations CrC 2140) Zoning Text Am~dment (TC 2140) Zoning'Map Amendment CrC 2140) Annexation crc 2140) ShoreLine Amendment (TC 2067) Other Land Use/Utility Plans crc 2140) NOTICE FEES SEPA Determination Notice CCC 2140) Notice of AppLication crype~ II&fir) crc 2140) Notice of lhlbIic Hearing (Types fi&III& V) CrC 2140) Sign Bo~dDqx~t Crc 9500) .~ Pre-Application (TC 2140) ~faz "J~.Y' g$~' Other F~ ~(TC 2140) Owner/Applicant Authorized Representative (Contact) Name: Mailing Address: City/State/Zip: Business Phone: Home Phone: EXHIBIT i -'5 co7--3 tq-q Kelation of Applicant to Pro-p'erty (check one): Owner __ Contract Purchaser Lessee __ Other (specify) A photocopy of the property deed must be attached. Please explain the request or proposed use: ~---,,~-~ %"~x--~xc,, --C_O>4'T'~ rd, LAC--c) Site address (ifavaitable,) and General location of property (including nearest intersection.): Legal dqscription of property (please attach a separate sheet if necessary): b'~O~E7 i N Ct-~- 0 7. List all Assessor's tax parcel numbers involved: * ; Area: 8. Property Dimensions: ~ 'X_ -') 3~ Present use of property: 'D ~ g,,-t--g,'T'-C-.4'~ S' 10. Present zoning: tl. Please supply the following rcqui.:-.~, aformation, to be attached hereto: A site plan, showing the Io6ation of all proposed lots and points of access. ,;~'~ there any easements, deeds, restrictions, or other encumbrances restric~g the use of the property? Yes, attached )<~...No Assessor's maps and a list of tax parcels and their owners for all properties withh 300 feet of the property and properties to which public notice must be sent as provided in Section 19.04.220 PTMC (SEPA notice) for land use permits requiring a Type II, III, IV, or V decision. For subdivisions, measure 300 feet from the perimeter of all adjacent property also owned by the proponent. 12. All subject apphcants and property owners must sign the application below to signify agreement with the proposed application. The Applicant(s) represents that s/he is fee title owner to the center of the street right-cf-way and the City accepts no responsibility for that title determination. The Applicant(s) hereby certifies that all oft. he above statements and information contained in any exhibits, plot plans, or other transmittals made herewith are true and provide an accurate presentation of the proposed project. The Applicant(s) acknowledges that any acnon taken by the City of Port Townsend based in whole or in parr on this application may be reversed ff it develops that any such statement or other information contained herein is false. The undersigned hereby saves and holds t_he City of Port Townsend harmless fi.om any and all causes of action, judgements, claims, or demands, or fi.om any liability of any nature arising fi.om any noncompliance with any restrictive covenants, plat restrictions, deed restrictions, or other restrictions Which may have been established by parties other than the City of Port Townsend. By submitting tiffs application the owner/applicant grants p~ mission for city staff to make site inspections without further notification. Signature of Applicant: <~ F~. ~-xx.-~-*-L~f~-X~'~"~q~;-- ~--~Yh~%C~ Date: Signature of Property Owner:~_/'~)~,~-~-- _~ ~~ Date: fi~ha.,,~t~tfil~s\planning~formsh'nasier, lup (12/99) CITY OF PORT TOWNSEND Conditional' Use Permit Application Applicant: x~'-'-~.~,~ ~'p,-Cq'kq'q-C__Dv,O,,C3,_c-44 Application# LLFPO(7-OC SUBMITTAL REQUIREMENTS I. General A./ B./ C. D. ~,f Completed Land Use Proposal, Conditional Use Permit Application, SEPA Checklist (if applicable), and Sensitive Areas Questionnaire. Representat. ive authorization is required if application is not signed by the owner. Conditional Use Permit application fee. This fee is nonrefundable, as set forth by PTMC 20.09. Site plan (3 copies), showing location of all proposed lots and points of access and identifying all easements, deeds, restrictions, or other encumbrances' restricting the use of the property, if applicable. Assessor's maps and a list of tax parcels w/th their owners and addresses for all properties within 300 feet of the perimeter of the property. Any supplemental information or special studies identified by the director or project administrator. 11. Conditional Use Permit Information Please provide a short description of the proposed project: Current use of the site: c. ~-,.,..q.r..~. Is this your primary residence? Use of adjacent sites:D_~g ~ OC----~ ~"~'~"'1 ~'c'~-~,~u ~ ~L'r't r t:r4-.'~-~ ,--'4 Floor space of buildings (list separately for each use): When was the bhilding constructed? Is the building listed on the National Register of Historic Places? Nc) How many people will reside or work at the proposed project? Hours of operation: [j~%,Z\~v,4 D&Pc--e4o~ b4c.. ~Po N ~'kk~,_CLC.~.4- [~2~,c--Tt b¢6, ~C._-qktfft~ONTS Estimated vehicular trips per day to be generated by the proposed project and peak volume times: Wilt the project require any work within 200 feet of a fresh or saltwater shoreline? (If yes, explain): How is the site designated in the Port Townsend Comprehensive Plan? Proposed parking plan: How many off-street parking spaces would the completed project have? Existing Proposed ~ot~.C-- r¥O0~-O Would any existing parking spaces be eliminated? (If yes, how many?) MSo Other parking provisions, if any: The applicants hereby certify that all of the above statements are true and that the plot plan provides an accurate representation of the proposed project; and the applicants acknowledge that any perrnit issued on this application may be revoked if it develops that any such statement is false. Applicant's Signature Date Date Date Date Reviewed for completeness by Date fi~share\bcdfiles\plarming\cupXapplicat, rrm (4/99) 'l~, EXHIBIT. z~O_) /2 O0 I~ ,.eo oozz