CITY OF NORTH LAUDERDALE COMMUNITY DEVELOPMENT DEPARTMENT. Tammy Reed-Holguin, Community Development Director

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1 CITY OF NORTH LAUDERDALE COMMUNITY DEVELOPMENT DEPARTMENT TO: FROM: BY: Mayor and City Commission Ambreen Bhatty, City Manager Tammy Reed-Holguin, Community Development Director DATE: March 26, 2013 SUBJECT: VAR (Parking) First Haitian Baptist Church 1350 S State Road 7 First Reading: Variance from the City of North Lauderdale Parking Requirements per Section (a) (12) to accommodate the construction of a church. APPLICANT: First Haitian Baptist Church The applicant currently operates a church at 1350 S State Road 7 and is requesting a parking variance to accommodate the construction of a new 11,192 square foot church. The request is outlined in the table below: TYPE OF VARIANCE Section (a) (12) Parking required CODE REQUIREMENTS 138 parking spaces PROPOSED 67 parking spaces VARIANCE REQUESTED 71 parking spaces ANALYSIS AND FINDINGS 1. Parking Requirements. Section (a) (12) of the City Code requires 138 parking spaces based on the use of the facility. The applicant is providing 67 spaces on their site and is requesting a variance from the requirements based on the limited land space to permit 71 parking spaces off site (more than half of the required parking). The applicant has stated on the record that many members of their congregation are non drivers and that they will provide a bus service in the future. The applicant has advised staff that they intend to enter into an agreement with KIMCO Realty Corp, a property located across from the proposed

2 development, on the west side of State Road 7. They also advised staff that Kimco is requiring the inclusion of a termination clause. At the time of writing this memorandum, a draft of the Agreement had not been provided for review. Should the Commission approve this arrangement for off-site parking per Section of the City Code, the provided variance would allow 71 spaces (51% of the required number of parking spaces) off site. Per the guidelines and criteria contained in Section of the City Code, a variance shall not be granted unless the City s governing body determines the following: 1. That special circumstances exist affecting the land involved preventing the reasonable use of such land. 2. That the circumstances, which cause the hardship, are peculiar to the property, such that they clearly constitute marked exceptions to other properties in the district. 3. That the hardship is not an economical hardship. 4. That the hardship is not self-created. 5. That the variance is the minimum variance that will make possible the reasonable use of the property and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Staff has reviewed the application in light of the guidelines and criterion listed above and makes the following findings: The hardship is not caused by circumstances peculiar to the property nor are there special circumstances existing that affect the land preventing reasonable use of the land. The building size being proposed for the existing lot inhibits the provision of the required parking; therefore the burden is on the applicant to demonstrate to the Board that this variance request is not a self-created hardship. Action by Planning and Zoning Board November 1, 2011: Item first heard by the Planning & Zoning Board. Item tabled to December 6, 2011 Board asked staff to research if the City has ever issued an approval for any other churches with as significant a reduction as the applicant is requesting. The Board also asked the applicant to look at other possibilities to create more parking. December 6, 2011: Staff reported that they found no other case in which a variance was granted to a church, or any applicant to the magnitude that this applicant is requesting. The applicant presented updated site plan to reduce the required number of parking spaces and to increase the proposed amount provided on site. Board tabled the item to time certain on January 3, 2012 to give staff time to do its review of this new plan.

3 January 3, 2012: No quorum, therefore the items were re-advertised for a special meeting on January 24 th, During this time, the applicant submitted two additional revised site plans and settled on a plan that showed a size reduction in the building floor plan from 12,193 sq. ft. to 11,192 sq. ft. The building footprint remained the same at 7,322 sq. ft. The new plan showed a required number of parking spaces at 121 with the applicant proposing 67 on site and 25 off site through a third party agreement with Security Bank adjacent to the proposed location and Our Lady Queen of Heaven who currently has an agreement with Security Bank to use the parking lot on the weekends. The applicant still needed a variance for 29 parking spaces. January 24, 2012: Special meeting of Planning and Zoning Board held. The revised plan was presented and the Board unanimously voted to deny the parking variance request and advised the applicant that they did not demonstrate that the hardship is not selfcreated. Advised the applicant that their request for a waiver depended too much on the existence of a business that could change at any time, to provide them with the required number of parking spaces to meet the code. In addition, that if the variance was granted for 24% of the parking to be waivered and the another 21% was lost should the parking agreement become null and void, then the applicant would be missing more than 45% of its parking. City Commission Action January 30, 2012: City Commission considered a revised site plan, submitted to staff subsequent to the P&Z Board meeting that showed a size reduction in the building floor plan from 12,193 sq. ft. to 11,192 sq. ft. The building footprint remained the same at 7,322 sq. ft. The required number of parking spaces was 121 with 67 spaces on site and 25 offsite through a third party agreement with Security Bank adjacent to the proposed location. Our Lady Queen of Heaven also currently has an agreement with Security Bank to use the parking lot on the weekends. The applicant still needed a variance for 29 parking spaces. The Commission after much deliberation asked the applicant to revisit the parking issue by possibly leasing the adjacent land owned by Savannah landing or Hickory Place. The City Commission approved the variances for the setback and landscape and the rezoning on first reading, but tabled the parking variance until time uncertain to allow the applicant more time to formulate a better parking solution. They did not consider the site plan. February 28, 2012: The items were scheduled to be heard by the City Commission, but the applicant was not present for the meeting and so the items were tabled to time uncertain. Tonight, March 26, 2013: The items have been properly advertised and the applicant is back before the City Commission tonight with a revised site plan and alternate parking plan for consideration. The applicant is still proposing to build an 11,192 sq ft church with the same 7,322 sq ft footprint; however due to changes in the use of the space within the building the parking requirement has increased from 121 to 138 spaces with still only 67 spaces on site and an increase to 71 spaces off site. This is an increase in 17 parking spaces added to the offsite parking since Commission s last consideration of the item. According to the applicant s letter attached, the church facilities will not be used

4 concurrently, however; the number of required sanctuary parking spaces alone needed by the applicant is 96 parking spaces. The site plan only allows for 67 on-site parking spaces. The applicant has advised staff that they are working to enter into an agreement with KIMCO REALTY CORP, to provide the 71 offsite parking at the Tam O Shanter Plaza across State Road 7. It should be noted though that according to Section (a) of the City Code which allows offsite parking, if this variance is granted the owner of the offsite parking must enter into a written agreement with the City, whereby the land providing the parking area shall never be sold or disposed except in conjunction with the sale of the building or structure the parking area serves so long as these parking facilities are required, or as long as permitted by law, whichever first occurs, and such agreement shall be recorded at the expense of the owner of the parking area and shall run with the land to bind the heirs, successors and assigns of such owner. Therefore the agreement presented by the applicant must meet these requirements to be permitted by the City s code. Staff has been advised that the proposed parking agreement contains a termination clause. Upon receipt and review, staff can determine if this clause is contrary to the City Code requirements for off-site parking. The staff has not received that agreement to date and is therefore unable to make that determination. The applicant also presented a pedestrian plan at staff s request (attached to this memorandum) that depicts how users of the off-site parking area will walk safely across State Road 7 to get to and from the church. The plan was reviewed by BSO who recommended that the church be required to hire an off duty officer to assist with the implementation of the pedestrian plan. Staff Recommendation: Staff has reviewed the proposed parking variance request and the supporting documentation provided and while the pedestrian plan will help to some extent, the magnitude of this variance request cannot be overlooked. The applicant is asking to construct a facility that cannot provide the on-site parking needed for the basic service they would provide. Furthermore, the lack of a recorded cross-access easement agreement to secure the 71 offsite parking spaces needed to offset the required parking makes the project vulnerable in the years to come. RECOMMENDATION: Should the City Commission wish to grant the applicant s request for variance, it is recommended that approval be subject to the following conditions; 1. That all applicable approvals by the City, County, State and other regulatory agencies be provided to the City of North Lauderdale prior to the issuance of permits. 2. In the event that any problems arise, as a result of the operation of this establishment, such as noise, parking, traffic, and/or other nuisances, the applicant shall make all improvements required to mitigate these nuisances so as not to negatively impact adjacent commercial/residential areas. 3. A minimum of 71 parking spaces being provided through an approved off-site parking agreement that complies with Section Location, character and size for the provision of off-street parking facilities not located on site.

5 4. The pedestrian plan attached must be implemented with an off-duty officer 5. Upon receipt of notice of termination for the offsite parking agreement, the applicant must provide a written alternative for provision of off-site parking spaces or for an alternate plan to meet the parking requirements per Section or a request for a variance not contingent upon off-site parking, for review by staff and approval the City Commission prior to actual termination date of parking agreement. 6. The applicant must provide a shuttle van to transport church members between the church and the off-site parking. 7. There can be no concurrent use of space and should this change the applicant must go back to the City Commission. 8. Should any of these conditions change, the applicant is required to go back to City Commission. If the City Commission concurs with the applicant s request, the following motion is in order: Motion: A motion to approve the attached Ordinance on the first reading subject to the conditions granting the requested variance from the City of North Lauderdale Code of Ordinances for the provision of parking to facilitate the construction of a new church within a proposed Community Facility (CF) Zoning District.

6 ORDINANCE NO. AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING AND GRANTING A VARIANCE FROM THE NORTH LAUDERDALE CODE OF ORDINANCES, SECTION (a) (12) TO PERMIT 67 PARKING SPACES, AS OPPOSED TO THE 138 REQUIRED BY THE CODE; PROVIDING FOR STIPULATIONS AND CONDITIONS; PROVIDING THAT PROVISIONS NOT VARIED BY THIS ORDINANCE REMAIN IN FULL FORCE AND EFFECT; PROVIDING FOR CONFLICTS; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, Section (a) (12) of the City Code requires 138 parking spaces; and WHEREAS, The First Haitian Baptist Church has applied for a variance to permit 67 parking spaces on-site as opposed to the 138 parking spaces required by the Code; and WHEREAS, the Planning and Zoning Board recommended denial of said variance requests; and WHEREAS, the applicant has proposed the provision of 71 parking spaces through an agreement for off- site parking spaces compliant with the conditions of Section of the City Code; and WHEREAS, the applicant has presented a pedestrian plan for the safe crossing of its membership to and from the off-site parking across State Road 7; and WHEREAS, if the City Commission is desirous of granting the requested variance from the requirements of the aforecited Ordinance and associated Zoning Regulations and/or applicable provisions thereof to said legal titleholder(s) as they apply to the property in question. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA: Section 1 That pursuant to an application properly filed for a variance from the requirements of Section (a) (12) of the North Lauderdale Code variance is and the same is hereby granted from the requirements subject to the conditions in Section and any other conditions specified by the City Commission for the project located at 1350 S State Road 7, North Lauderdale, Florida Section2: That the petition for variance filed by the City of North Lauderdale is hereby granted to the City the same to inure to the benefit of the present and future titleholder(s) to said property. Section 3: That all other requirements of the North Lauderdale Code of Ordinances and associated zoning regulations are not otherwise varied by the terms

7 of this Ordinance and shall be in full force and effect and fully applicable to the property. Section 4: That all applicable approvals by the City, County, State and other regulatory agencies be provided to the City of North Lauderdale prior to the issuance of permits and that the applicant meets all conditions set forth by said regulatory agencies, including but not limited to the City engineer and Broward County Traffic Engineering Department. Section 5: That all conditions must be met and remain implemented including the pedestrian plan, and cross access agreement, should these conditions change, the applicant must go back to the City Commission. Section 6: That all Ordinances, or parts of Ordinances, Resolutions or parts of Resolutions, in conflict herewith be and the same are repealed to the extent of such conflict. Section 7: That this Ordinance shall take effect immediately upon adoption. PASSED on first reading by the City Commission of the City of North Lauderdale, Florida, this day of, PASSED on second reading by the City Commission of the City of North Lauderdale, Florida, this day of, APPROVED AS TO FORM: CITY ATTORNEY SAMUEL S. GOREN MAYOR JACK BRADY ATTEST: VICE MAYOR RICH MOYLE PATRICIA VANCHERI, CITY CLERK

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