Agenda Item 6 (Quasi-Judicial Hearing) Special Use Permit DEV Westside Congregation of Jehovah s Witness STAFF REPORT

Transcription

1 Agenda Item 6 (Quasi-Judicial Hearing) Special Use Permit DEV Westside Congregation of Jehovah s Witness STAFF REPORT DATE: March 17, 2014 TO: Planning Board Members FROM: Dennis Mrozek, Principal Planner PROJECT REQUEST A request by Bobby Ball, P.E., Zev Cohen and Associates, and Dealmus Dixon, Westside Congregation of Jehovah s Witnesses, on behalf of William L. Howell, 501 White Street, to amend an existing Special Use Permit to allow a church use to expand to an adjacent property, permitting overflow parking and associated site improvements. PROJECT LOCATION The property subject to the expansion of the existing Special Use Permit is located at 501 White Street. The land uses and zoning classifications for 501 White Street and the existing church property, and the adjacent properties are illustrated in the following table and in the maps provided: Land Uses Land Use Designation Zoning Classification Site Single Family Residential Level 1 Residential R-1A (Single-Family) North Single Family Residential Level 1 Residential R-1A (Single-Family) South Conklin Center for the Blind Schools R-1A (Single-Family) East Single Family Residential Level 1 Residential R-1A (Single-Family) West Single Family Residential Level 1 Residential R-1A (Single-Family) PROJECT ANALYSIS The existing church is zoned R1-A (Single-family residential) and is surrounded on three sides by singlefamily homes across the street right-of-ways. In 1972, the congregation of Kingdom Hall Church applied for a use permit to allow the church use in a single-family residential zoning district. The City Commission approved the request (Attachment A) after review by the Planning Board. The church has operated at this location since that approval.

2 501 White Street Special Use Permit Page 2 Recently, the single-family residential property adjacent to the church became available for purchase. The church is seeking to acquire the property, demolish the existing building, and install improvements to the site with the desire to use the property for church overflow parking. In order to use the property for a church use, the applicant is required to expand the existing special use permit to encompass the residential property. Criteria For Approval Review Criteria - Article 17, Section 2.35(b) Churches and religious institutions may be permitted as a special use in any district pursuant to the following criteria: 1. The site shall contain not less than two acres.* 2. The use shall not be located within 600 feet of another use of the same type as measured from the closest point of one use to the closest point of another use. 3. The site shall be adjacent to an arterial or collector street, and ingress and egress to and from the site shall be planned and provided to inhibit the movement of vehicular traffic from the site directly to any local street. 4. Adequate access shall be provided to all required off-street parking areas. No parking shall be permitted in the required front yard. 5. All structures shall be located at least 35 feet from all side and rear property lines. 6. Screening shall be provided and maintained in an attractive condition around the boundary of parking lots and playgrounds which abut single-family residential development or single-family districts. *The current church property subject to the existing special use permit is less than the required two acres (0.9±). At the time of original approval, the minimum two acre for sites was not a requirement. The church use is a legal nonconforming property. By adding the additional 0.2± acre of land, the subject property size will be increased and the nonconformity will be reduced. The applicant has provided a development plan for the proposed use of the additional subject property (Attachment B). The plan details 16 stabilized overflow parking spaces and related landscaping improvements. Staff has reviewed the proposed plan and has found it acceptable. Per LDC Article 4, Section 6.3 all Special Use applications shall be reviewed and approved in accordance with the following criteria, shown in bolded text, with staff responses following each criterion. (a) The use shall be consistent with the Comprehensive Plan. The use presents no conflicts with the Comprehensive Plan. (b) The establishment, maintenance, or operation of the use shall not be detrimental to or endanger the public health, safety, or general welfare.

3 501 White Street Special Use Permit Page 3 It is staff s belief that the proposed use will not be detrimental to or endanger the public health, safety, or general welfare. (c) The use shall not impede the normal and orderly development and improvement of surrounding properties for uses permitted in the district, and shall be consistent with the character of the immediate neighborhood. This use does not impede the normal and orderly development and improvement of surrounding properties for uses permitted in the district. (d) Adequate measures shall be taken for ingress, egress and parking in a manner consistent with traffic operations and safety. The application has been reviewed and approved by the city s traffic reviewer. (e) The use shall not have a substantial adverse effect on any known archaeological, historical, or cultural resource located on or off the site. Not applicable. (f) The design shall minimize adverse effects of the use on adjacent property, including visual impacts. Improvements will be made to the subject property, including demolition of the existing building and driveway. (g) Adequate provision shall be made for buffers, landscaping, public open space, and other improvements necessitated by the use. Landscape screening will be provided and will include a decorative fence around the property perimeters at the right-of-way. (h) The use shall meet the lot and building requirements of the district in which it is located unless the requirements are specifically waived by the Planning Board and the City Commission. A Special Use shall meet all requirements established for the Special Use and no variance shall be granted from these requirements. With the exception of the size of the existing property being less than the minimum 2 acre requirement, all LDC provisions pertaining to allowing a church as a Special Use have been met. The increase in the property size will reduce the existing legal nonconformity. (i) The use shall comply at all times with the approved site plan, and any conditions imposed for establishment and operation of the use. The applicant will be required to abide by the site plan that is approved. Also, per Article 1, Section 8.1 (f) of the LDC, development orders may not be approved where:

4 501 White Street Special Use Permit Page 4 (1) the property that is the subject of the requested development order is the site of an uncorrected violation of any provision of the LDC, or an unpaid code enforcement, correction, or abatement lien; or (2) the applicant for development order has any unpaid civil penalty or costs arising from a code enforcement action regarding the real property that is the subject of the request. As a condition of approval, the site must come into compliance with the provision of the LDC. RECOMMENDATION Staff recommends approval of an expansion of an existing Special Use Permit to allow a church use in the R-1a zoning district, with the following conditions: 1. The use of the additional property being added to the Special Use Permit be limited to church overflow parking only, and 2. Any uncorrected violation of any provision of the LDC, or any unpaid code enforcement, correction, or abatement lien; or any unpaid civil penalty or costs arising from a code enforcement action regarding the real property that is the subject of this request must be satisfied. This item will be scheduled for the May 7, 2014, City Commission meeting. A majority vote of the Planning Board members present and voting is required for recommendation of approval to the City Commission.

5 Document Path: \\srvgis1\gisdata\admin\pratima\short Term Projects 2013\DEV ADS\DEV2014\DEV \DEV _LocationMap.mxd FAIRMOUNT RD CR 4043 (HEINEMAN ST) EUGENE BLACK ST PHILLIPS ST LAKESHORE DR MOORE ST DUNN AV JABALY ST CR 4048 (MADISON AV) ROTH ST GINSBERG DR BIRD AV ESSEX RD NORTH ST FAIRMOUNT RD BERKSHIRE RD ESSEX RD HILLCREST DR STADIUM RD DERBYSHIRE RD WESTMORELAND RD Subject Parcel BRYN MAWR DR DUNN AV HAMPTON RD PLATT ST WELCH DR WELCH DR AMANDA RD MICHAEL RD COLFAX DR WILLIS AV SANDRA AV CR 4039 (WHITE ST) PETER RD SENECA ST N WARNOCK AV JANICE AV HAMPTON RD DEELEY ST MARK AV SHERIDAN RD FREDERICK AV N DEV WHITE STREET SPECIAL USE PERMIT / ALLOWING CHURCH USE LOCATION MAP NOVA RD N GEORGE W ENGRAM BLVD FLETCHER AV JACKSON AV WILSON AV µ 1 inch = 500 feet BRYANT ST WALKER AV SR 5A (NOVA RD N) CR 4052 (DR MARY MCLEOD BETHUNE BLVD) City of Daytona Beach Map disclaimer: CAROLINE ST N BARTLEY RD These maps were developed and produced by the City of Daytona Beach GIS. They are provided for reference only and are not intended to show map scale accuracy or all inclusive map features. As indicated, the accuracy of the map has not been verified and it should be used for informational purposes only. Any possible discrepancies should be brought to the attention of City Engineering and or Development Services.

6 N ST VN KA CA RIC DE HA DR AV N N N U D V A N E FR MP TO NR D HA 1 inch = 200 feet D R ON T MP NE SE WR MA Document Path: \\srvgis1\gisdata\admin\pratima\short Term Projects 2013\DEV ADS\DEV2014\DEV \DEV2014_017_AerialMap.mxd R T) RD YN BR DU µ ES ND HIT A EL XD 9 (W 403 R MO LFA CO CR ST WE TE E P D R R City of Daytona Beach Map disclaimer: DEV WHITE STREET SPECIAL USE PERMIT / ALLOWING CHURCH USE AERIAL MAP These maps were developed and produced by the City of Daytona Beach GIS. They are provided for reference only and are not intended to show map scale accuracy or all inclusive map features. As indicated, the accuracy of the map has not been verified and it should be used for informational purposes only. Any possible discrepancies should be brought to the attention of City Engineering and or Development Services.

7 Document Path: \\srvgis1\gisdata\admin\pratima\short Term Projects 2013\DEV ADS\DEV2014\DEV \DEV _CurrentZoningMap.mxd PMD FAIRMOUNT RD CR 4043 (HEINEMAN ST) PHILLIPS ST HILLCREST DR MOORE ST HM R1a1 R1a JABALY ST CR 4048 (MADISON AV) GINSBERG DR ROTH ST BIRD AV ESSEX RD NORTH ST FAIRMOUNT RD BERKSHIRE RD ESSEX RD STADIUM RD DERBYSHIRE RD WESTMORELAND RD Subject Parcel BRYN MAWR DR HAMPTON RD WILLIS AV DUNN AV PLATT ST CR 4039 (WHITE ST) CURRENT ZONING MARGARET DR WELCH DR WELCH DR AMANDA RD MICHAEL RD COLFAX DR DUNN AV RPUD 1 inch = 500 feet SANDRA AV PETER RD SENECA ST N WARNOCK AV HAMPTON RD DEELEY ST JANICE AV MARK AV SHERIDAN RD DEV WHITE STREET SPECIAL USE PERMIT / ALLOWING CHURCH USE CURRENT ZONING MAP R1b FREDERICK AV N PCD GEORGE W ENGRAM BLVD FLETCHER AV BA JACKSON AV NOVA RD N WILSON AV BRYANT ST WALKER AV BW BR2 RA SR 5A (NOVA RD N) CR 4052 (DR MARY MCLEOD BETHUNE BLVD) FOCUS AREA µ AVERY ST CAROLINE ST N RP BARTLEY RD

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