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2034 - Resolution - Allow Existing Church and Grounds to be Used for Private SchoolCity of Port Orchard 216 Prospect Street Port Orchard, WA 98366 RESOLUTION NO. 2034 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING WITH CONDITIONS CONDITONAL USE PERMIT (CUP) 010-03 TO ALLOW EXISTING CHURCH FACILITIES AND GROUNDS TO BE USED FOR A PRIVATE SCHOOL Tax Account No. 112301-2-021-2006 Legal Description: NW Y. of the NW Y. of Section 11, Township 23 North, Range 01 E. WHEREAS, Luther Center for Learning submitted an application for a conditional use permit that would allow use of existing church facilities and grounds as a private grade school on an interim basis, on property located at 4855 Hovde Road. The application was assigned City File No. CUP 010-03; and WHEREAS, City of Port Orchard planning staff prepared a staff report with findings and conclusions on June 9, 2003. A copy of the staff report as revised by the Planning Commission is attached hereto as Exhibit "A"; and WHEREAS, the Planning Commission held a public meeting for the application on June 16, 2003, and after the public meeting adopted Resolution No. 334-03, a copy of which is attached hereto as Exhibit "B"; and WHEREAS, the City Council held a public hearing on the application on July 14, 2003; NOW WHEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON RESOLVES AS FOLLOWS: Section 1. The Council adopts the findings and conclusions of the staff report as revised by the Planning Commission, attached hereto as Exhibit "A," as its own. Section 2. Based upon the recommendations of City Staff and the Planning Commission and the findings and conclusions contained herein, the City Council adopts Planning Commission Resolution No. 334-03, attached hereto as Exhibit "B," as its own and approves CUP 010-03 subject to the following conditions: 1. A Building Occupancy Permit from the City of Port Orchard Building Department will be required prior to Certificate of Occupancy. Resolution No. 2034 Page 2 of 2 2. 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, SIGNED by the Mayor and attested o, ., c""' '" """"'~'"" "' '"'" ""'"'' •• ,. ""' d """ ""£;' ~~0. <:7 ~L~ES~L~I~E~J~.W~E~A~T~H~E~R~IL7L~,M~A7Y~O~R----- ATIEST: ~-~ Patricia Parks, City Clerk 11111111111111111111111111111111 CITY OF PORT ORCHARD Resolution No. 2034 Exhibit "A" CITY OF PORT ORCHARD REVISED STAFF REPORT First Christian Church-4855 Hovde Rd DATE: I. REQUEST APPLICANT PROPERTY OWNERS: LOCATION: TAX LOT NO: June 9, 2003 FILE NO. C.U.P. 010-03 Luther Center for Learning and First Christian Church are seeking approval of a Conditional Use Permit that would allow use of the existing First Christian Church and grounds for use as a private (kindergarten through fifth grade) school on an interim basis. School hours will be between 7:00 a.m. and 6:00 p.m., Monday thru Friday. A maximum of thirty students and a staff of three is contemplated. Approval is being sought for a maximum of five school years, beginning in September of 2003. No expansion, structural alterations, or other interior or exterior modifications are proposed to the existing church facilities. During temperate weather, a portion of the existing grassed area adjacent to the church may be used for active recreation on occasion. Luther Center for Learning PO Box 1018, Olalla, WA 98359-1018 360/895-1782 First Christian Church 4855 Hovde Road Port Orchard, W A 98366 360/876-8172 The property is at 14855 Hovde Road, in that portion of the NW Y. of the Northwest Y. of Section 11, Township 23 North, Range OlE, City of Port Orchard, County ofKitsap. 112301-2-021-2006 DATE OF SITE VISIT: June 5, 2003 11 200308180321 Page' 3 of 8 S8/18/2SS3 S3,25P RESOL $26.8& Ki\sap Co, ~A II. BACKGROUND: A. Zoning R4.5-Residential-4.5 units/net useable acre Resolution No. 2034 Attachment "A" Churches are authorized as conditional uses in the residential zone as an accessory and complementary nonresidential use that are compatible with single family residential communities (Chapter B1 Section 5b2). Ordinance 1901 (May 12, 2003) authorized "Private Schools" as a conditional use in the residential zones. B. Comprehensive Plan Designation Low Density Residential "This designation allows single family, duplex, and multi-family dwellings as well as traditional neighborhood uses such as schools, parks and churches. C. Surrounding Land Uses North: Public Facilities (Church and Baseball Field) South: Residential (undeveloped) East: Vacant/ Automobile Dealership West: Vacant III. FINDINGS A. Existing Site Conditions: Site Development/Use 1. The 4.54 acre site is developed with 2 buildings; one 16460sf Church and one 4878sf Mobile Home. 2. tThe existing church and grounds are requested for use as a private school (kindergarten through fifth grade). 3. No expansion, structural alterations, or other interior or exterior modifications are proposed to the existing church facilities. 4. 5. The conditional use is requested for a duration of five years. 6. During temperate weather, a portion of the existing grassed area adjacent to the church may be used for active recreation on occasion. 7. A maximum of fifty students and a staff of seven is proposed 8. School hours will be between 7:00a.m. and 6:00p.m. 9. Students will arrive at the site by way of a combination of latch-key day care vans and parents delivering children in private vehicles. Drainage/Stormwater 10. No stormwater facility improvements are being planned or required with the proposed change in use of the building. CITY OF PORT ORCHARD 200308180321 Page' 4 of 8 S8/18/2SS3 S3,25P RESOL 128. SS Ki \sap Co, ~A Resolution No. 2034 Attachment "A" 11. Currently catch basins and conveyance pipe collect runoff from the site and discharge stormwater into a detention pond on-site with controlled discharge to off- site. Traffic and Circulation 12. The primary streets serving the project site are S.W. Hovde Road (a dead end), and Sidney Road, an arterial. 13. The existing streets, Sidney Road and Hovde Road, do not have sidewalks or adequate pedestrian facilities to support young children walking to school. 14. The existing church parking lot utilizes a one-way ingress and egress to and from Hovde Road. 15. Students will arrive at the site by way of a combination of latch-key day care vans and parents delivering children in private vehicles. IV. CONCLUSIONS: A. Applicable Code Sections: In authorizing a conditional use, special conditions may be attached to the permit by the City to prevent undesirable effects of the proposed use. Uses which are classified in the Zoning Ordinance (Chapter B3, Seeton 3) as conditional uses may be authorized only if the applicant can demonstrate all of the following: a) The proposed use will be designed in a manner which is compatible with the character and appearance with the existing, or proposed development in the vicinity of the subject property. The use is within an existing church, as such the private school is compatible with the character and appearance with the existing development in the vicinity of the subject property. b) The proposed use will not hinder neighborhood circulation or discourage thepermitted 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; The school should not assume that the adjacent streets would be modified for the school activity. Prior to establishing a 20 MPH school zone, the City would first look to the school for the following: o Payment of an engineering study by a qualified traffic engineer, selected by the City, and school traffic control plan. o Construction of curbs, gutters. and sidewalks to provide safe pedestrian access along the roads. o Separation of the school area from the road by an appropriate fence. c) The proposed use will be designed in a manner that is compatible with the physical characteristics of the subject property; The subject property is developed, and the use is compatible. Resolution No. 2034 Attachment "A" d) The proposed use will mitigate impacts in a manner equal to or greater than the standards of this code; There are no identified or anticipated impacts associated with the proposed use. e) The proposed use will not conflict with the health and safety of the community; The proposed use is appropriate in scale, form and intensity with the planned and approved use of the site. The proposal will not conflict with the health and safety of the community. f) The proposed use will not create pedestrian and vehicular traffic that will be hazardous or conflict with existing and anticipated traffic in the neighborhood. A copy of The Student Handbook is available to all families, and includes provisions that address pedestrian safety and designated drop-off areas ; The existing streets, Sidney Road and Hovde Road, do not have sidewalks or adequate pedestrian facilities to support young children walking to school. It is assumed that most children will be driven to the school. As such, the proposed use will not create pedestrian and vehicular traffic that will be hazardous or conflict with existing and anticipated traffic in the neighborhood g) The proposed use 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. Adequate facilities are available to serve the site. B. Conclusions: 1. The proposal is in compliance with the Comprehensive Plan designation of "Low Density Residential". 2. The proposal conforms to the City's Zoning Code. 3. Subject to the identified conditions, the proposal demonstrates compliance with the criteria to authorize a conditional use. IV. CONDITIONS OF PRELIMINARY APPROVAL Should the commission wish to recommend approval of the application for a conditional use permit, the following conditions may be appropriate: 1. A Building Occupancy Permit from the City of Port Orchard Building Department will be required prior to Certificate of Occupancy. 2. 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. 200308180321 Poge' 6 of 8 S8/18/2SS3 S3,25P RESOL $26.BS Ki \sop Co, WA ' - CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 334-03 Resolution No. 2034 Exhibit "B" A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING THE APPROVAL OF CUP 010-03 TO ALLOW LUTHER CENTER FOR LEARNING TO USE THE EXISTING CHURCH AND GROUNDS (FIRST CHRISTIAN CHURCH) FOR USE AS A PRIVATE SCHOOL (KINDERGARTEN THROUGH FIFTH GRADE) WITH A MAXIMUM OF 50 STUDENTS AND 7 STAFF. THE PROPERTY IS LOCATED AT 14855 HOVDE ROAD, IN THAT PORTION OF THE NWl/4 OG THE NW \4 OF SECTION 11, TOWNSHIP 23N, RANGE OlE, CITY OF PORT ORCHARD, COUNTY OF K.ITSAP. ASSESSOR'S ACCOUNT NUMBER: 112301-2-021-2006 WHEREAS, the Planning Commission held a Public Meeting for the Rezone on June 16, 2003;and WHEREAS, the proposed purposes of the conditional use request is to accommodate the community interest to utilize the existing facilities as an interim private school beginning in September of2003; and WHEREAS, there will be no expansion, structural alterations, or other interior or exterior modifications to the existing facilities; and WHEREAS, the existing facilities are in compliance with all requirements of the City Codes and the application demonstrates compliance with the Goals and Policies expressed in the City Comprehensive Plan; and, WHEREAS, the Planning Commission heard all testimony in favor of the proposal and none in opposition from the applicants and the community; and therefore CONCLUSION, Based upon the facts, testimony, staff report and materials and revisions presented at the meeting, we therefore conclude the application conforms to the requirements of the Zoning Ordinance and as such, is found to be a furtherance of the health, safety, morals, and general welfare of the goals of the community and the City's Comprehensive Plan, CITY OF PORT ORCHARD Resolution No. 2034 Exhibit "B" BE IT RESOLVED that the Planning Commission of the City of Port Orchard hereby recommends that the Council approve a request by the applicant for CUP 010-03 subject to the conditions of approval outlined in the staff report, as amended by the planning commission. PASSED this 16th day of June 2003. ATTEST: ~\v~-c, City Planner CITY OF PORT ORCHARD PLANNING COMMISSION btl~ 1 IC e , ru.r CITY OF PORT ORCHARD 8 ~