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Item 37 - Appeal No. 2023-07 Denial of CUP No. 2023-18 Anchor Stone Christian Church: 2938 S. Daimler Street
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Item 37 - Appeal No. 2023-07 Denial of CUP No. 2023-18 Anchor Stone Christian Church: 2938 S. Daimler Street
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11/29/2023 3:45:43 PM
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11/29/2023 2:15:24 PM
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Doc Type
Agenda Packet
Agency
Planning & Building
Item #
37
Date
11/21/2023
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G. On February 21, 2023, staff and the Applicant met to discuss the project, during <br />which staff informed the Applicant of the identified inconsistencies between the <br />proposed use and the General Plan. As a result, the Applicant was given the <br />option to withdraw the DP application or move forward with the CUP application <br />without the supporting findings necessary in the approval of a CUP and denial <br />recommendation. <br />H. On May 2, 2023, the Applicant indicated intent to proceed with the CUP <br />application. <br />I. On July 24, 2023, the Applicant submitted the CUP application proposing to <br />convert an existing office space into a church. <br />J. On September 11, 2023, the Planning Commission held a duly noticed public <br />hearing for Conditional Use Permit No. 2023-18. <br />K. The Planning Commission determines that the following findings, which must <br />be established in order to grant this CUP pursuant to SAMC Section 41-638, <br />have not been established. Specifically, Conditional Use Permit Finding 5 of <br />Section 41-638, as it relates to the proposed use adversely affecting the <br />general plan of the city or any specific plan applicable to the area of the <br />proposed use, is not met. Therefore, the finding for denial of CUP 2023-18 is <br />adopted as follows: <br />1. That the proposed use will adversely affect the general plan of the city <br />or any specific plan applicable to the area of the proposed use. <br />The subject site has a General Plan land use designation of <br />Industrial/Flex-Medium (Flex-3), which is intended to provide <br />context -appropriate development in areas with existing industrial <br />uses. Industrial/Flex allows for clean industrial uses that do not <br />produce significant air pollutants, noise, or other nuisances <br />typically associated with industrial uses, including office - <br />industrial flex spaces, small-scale clean manufacturing, research <br />and development and multilevel corporate offices, commercial <br />retail, artist galleries, craft maker spaces, and live -work units. <br />Based on the land use designation, development policies and <br />allowable uses within the Flex-3 designation, the subject site is <br />not suitable for the operation of community assembly, nor does <br />it list community assembly -type uses as permissible under the <br />land use designation. Conversely, land use designations such as <br />General Commercial (GC) and its accompanying zoning districts <br />allow for "retail and service establishments; recreational, cultural, <br />and entertainment uses; business and professional offices; and <br />vocational schools," among which "recreational, cultural, and <br />entertainment uses" provide for community assembly such as <br />religious facilities. <br />Resolution No. 2023-XXX <br />Page 2 of 7 <br />9/11 /2023 <br />Planning Commission 1 — 10 <br />
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