8 March 10,2010 Public Hearing APPLICANT AND PROPERTY OWNER: NEW JERUSALEM CHURCH OF GOD IN CHRIST

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1 8 March 10,2010 Public Hearing APPLICANT AND PROPERTY OWNER: NEW JERUSALEM CHURCH OF GOD IN CHRIST STAFF PLANNERS: Faith Christie / Stephen White REQUEST: Modification of a Conditional Use Permit for a church approved by the City Council on August 13, 1973, July 12, 1982, and August 8, 2006 ADDRESS / GPIN / SITE SIZE: 101 Erie Avenue / / 3, SF 118 Erie Avenue / / SF (Main Church) 1028 Sea Street / / 18, SF 149 Sea Street / / 6, SF 1059 Longstreet Avenue / and / 5, SF 1063 Longstreet Avenue / / 7, SF 1064 Longstreet Avenue / and / 17, SF 1068 Longstreet Avenue / / 10, SF 1082 Longstreet Avenue Ste A / / 4, SF ELECTION DISTRICT: BEACH TOTAL AREA OF SUBJECT LOTS (EXCLUDING MAIN CHURCH AT 118 ERIE AVE): 73, square feet (1.69 acres) TOTAL AREA OF SUBJECT LOTS (INCLUDING MAIN CHURCH AT 118 ERIE AVE): 119, square feet (2.74 acres) AICUZ: Greater than 75 db Ldn and APZ 2 Page 1

2 SUMMARY OF REQUEST A Conditional Use Permit for the main church at 118 Erie Avenue was approved by the City Council on August 13, 1973 and was modified to allow expansions in 1982 and The applicant is now requesting a further modification to the Conditional Use Permit for the purpose of incorporating eight parcels into the area covered by the Conditional Use Permit. Two of the parcels are located contiguous to the church; the others are located in various locations in the surrounding residential area. The church has owned the subject parcels for several years, using them for a variety of churchrelated uses, as follows: 101 Erie Avenue single-family dwelling (used as guest quarters and office for visiting pastors, evangelists, ministers, and other speakers. The dwelling remains vacant at all other times) Sea Street single-family dwelling used for social ministry and outreach (assistance with food and clothing, for example). 149 Sea Street single-family dwelling (minister and family) Longstreet Avenue single-family dwelling (used by single men who have low income and/or may be encountering financial difficulties) Longstreet Avenue former single-family dwelling now used as office space for ministry Longstreet Avenue single-family dwelling (used by individual who has low income and/or may be encountering financial difficulties) Longstreet Avenue -- single-family dwelling (used by single women who have low income and/or may be encountering financial difficulties) Longstreet Avenue single-family dwelling (Executive Pastor and family) The applicant s primary reason for seeking this Use Permit is to gain tax-exempt status for the parcels since they are being used for church ministry purposed. Until the time these parcels are incorporated into the church s current Use Permit, the status of the parcels as single-family dwelling lots, consistent with the R-7.5 Residential District, remains. EXISTING LAND USES: Single-family dwellings LAND USE AND ZONING INFORMATION NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant natural resources or cultural features on any of the parcels. IMPACT ON CITY SERVICES There are no impacts to City services from this request. Page 2

3 EVALUATION AND RECOMMENDATION Staff recommends approval of this Modification of Conditions with the conditions listed below. The applicant s current use of these properties is either consistent with the existing use regulations for the R- 7.5 Residential District or, as in the use of dwelling space for offices that are accessory to the main church, the use is compatible with the Greater than AICUZ and APZ-2. Granting of the requested Modification of Conditions will incorporate the parcels into the overall Use Permit for the church, allowing for the current uses of the properties to continue and for the church to seek tax-exempt status for the parcels. CONDITIONS 1. All conditions attached to the Conditional Use Permits granted by the City Council on August 13, 1973, July 12, 1982, and August 8, 2006 remain in effect. 2. Use of the single-family dwellings shall be limited to (a) office space auxiliary to the church or (b) a residence for one individual or for a family, as defined in Section 111 of the City Zoning Ordinance. In no case shall any dwelling be used for assembly, classroom space, or any other use designated by Section 1804 of the City Zoning Ordinance as being not compatible within the Greater than 75 AICUZ or within Accident Potential Zone (APZ) 2. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. Page 3

4 AERIAL OF SITE LOCATION Page 4

5 101 ERIE AVENUE 1028 SEA STREET Page 5

6 149 SEA STREET 1059 LONGSTREET AVENUE Page 6

7 1063 LONGSTREET AVENUE 1064 LONGSTREET AVENUE Page 7

8 1068 LONGSTREET AVENUE 1082 A LONGSTREET AVENUE Page 8

9 # DATE DESCRIPTION ACTION 1 08/08/06 07/12/82 Conditional Use Permit (church addition) Conditional Use Permit (sanctuary & parking) Granted Granted 2 04/22/03 Conditional Use Permit (church expansion) Granted 3 01/27/86 Zoning Change (R-6 to B-1) Granted 4 02/13/07 Subdivision Variance Granted 5 08/14/07 Nonconforming Granted ZONING HISTORY Page 9

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