COMMUNITY
DEVELOPMENT DEPARTMENT
TO: Mayor
and City Commission
FROM:
BY: Tammy L.
Reed-Holguin, Community Development Director
DATE: March 9, 2010
SUBJECT: SEU 09-07
Restoration Fellowship Center
1625-1633
S State Road 7
(McNab 7 Plaza)
Special Exception Use request
to permit a church, which is a
Community Facility (CF) use, in a General Business (B-3) Zoning
District.
APPLICANT: Restoration Fellowship Center
Restoration Fellowship Center has requested a Special Exception Use Permit to operate a community church in a B-3 zoning district. In accordance with Section 106-468, of the Master Business List, a church requires a special exception use permit when located in a Business District.
The applicant is proposing to operate this church in McNab 7 Plaza at 1625-1633 S. State Road 7. The hours of operation are Monday, Tuesday, Wednesday and Friday 6:30 P.M. to 9:30 P.M., Sundays from 9:30 A.M. to 1:30 P.M and 8:00 P.M. to 9:30 P.M. The specific extent of the anticipated use is explained in Attachment A, and made a part of this report.
Background
As you may recall, the City Commission approved modifications to the regulations for Community Facility (CF) uses in non-CF zoning districts. These modifications set forth specific requirements for such uses. One of the primary requirements for any CF use in a non- CF zoning district is that such uses may not exceed 20% of the total commercial area.
The total square footage of McNab 7 Plaza is 37,960 square feet and the amount that could be used for Community Facility purposes is 7,592 square feet. The applicant is requesting the SEU for 4,000 square feet the total size of the bay. This would bring the Community Facility use to 14.8% of the plaza since there is currently another church in the plaza per the attached tenant list.
The proposed use does not create any additional impact upon the capacity of utilities, or public services, and conforms with the goals, objectives, policies and land uses established by the City’s code of ordinances.
Economic Analysis
Properties owned by non-profit organizations, such as churches, are exempt from paying property taxes. However in this instance, the church does not own the property and will be operating through a lease. The owner of the center, being a non-tax exempt entity, would be required to pay all applicable property taxes and assessment fees.
The church being a non-profit organization would be exempt from paying for a Local Business Tax Receipt. However, the church would be required to pay all applicable processing and permitting fees.
It should be noted that the limited hours and number of visitors of CF-use tenants tend to provide fewer potential customers on a less frequent basis to the other retail establishments in the shopping center and the surrounding area than a commercial use may generate. They also typically generate fewer job opportunities.
Traffic/ Parking
Analysis
The applicant is proposing to meet from 9:30 A.M. to 1:30 A.M. and 8:00 P.M. to 9:30 P.M. on Sundays and on Mondays, Tuesdays, Wednesdays and Fridays from 6:30 P.M. to 9:30 P.M. Based on the information provided by the applicant, only 3,500 square feet of the total 4,000 square feet of space will be used for assembly purposes; this does not include the office space and restroom facilities. The parking requirement for this use according to Section 106-223 (a) (12) of the City’s Code of Ordinances is 100 spaces; the plaza currently has 111 parking spaces. The plaza’s limited parking spaces may not be able to accommodate any anticipated effect on traffic generation, parking demand and road capacities caused by this use. Currently the church would be the largest business occupying space in the plaza; therefore the plaza would be limited to the kinds of businesses that could occupy the vacant spaces because of the limited parking space available. The burden is on the applicant then to demonstrate that there is sufficient parking to accommodate the church. The attached letters from the applicant and property management company address the parking issue. Should the SEU be approved, both the property owner and the applicant will be responsible for mitigating any nuisances created including those related to the parking.
The Planning and Zoning Board met on March 2, 2010. Staff initiated further discussion and consideration regarding the food bank portion of the organization. There was concern that if the demand for this type of service grows, it could impact the parking facilities and other business owners in the plaza. After hearing from the applicant, the Planning and Zoning Board proposed a condition that will limit the days, hours and number of participants in the food bank to those which the facility can adequately accommodate. They also recommended a condition that should the demand for this type of service increase beyond what is specified in the final SEU Order, the applicant will be required to return to the staff, Planning & Zoning Board and City Commission with a request for reconsideration. There was concern by the Board about the limited number of parking spaces; the applicant advised the Board that he had a bus that picked up much of the church population. He further stated that the primary church goers did not have access to transportation and that they participate in car pools or use public transportation. After public hearing and review by the Board and Staff, the Planning & Zoning Board adopted a motion to
recommend approval of the proposed Special Exception Use Permit to the City Commission with the added conditions of numbers 3 and 4 below, all of which the applicant has agreed to.
Recommendation
Should the Commission concur with the applicant’s request, a motion is in order to approve the proposed SEU permit subject to the following conditions:
