Katy of North Mort

Resolution No. 2014-R-01

Katy of North MortRESOLUTION 2014-R-01

New Hope Community Church

A Special Exception to enable the existing New Hope CommunityChurch to become a conforming use, and to allow for expansion of the

church's activities on the remainder of their property.

A RESOLUTION OF THE CITY OF NORTH PORT, FLORIDA GRANTING ASPECIAL EXCEPTION APPROVAL PURSUANT TO SECTION 53-123 and53-259 OF THE CITY OF NORTH PORT UNIFIED LAND DEVELOPMENTCODE; PROVIDING FOR FINDINGS; PROVIDING FOR CONDITIONS;PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; ANDPROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, pursuant to Sections 53-123 and 53-259 of the City's Uniform Land DevelopmentCode ("ULDC"), Robert Doerrfeld, on behalf of New Hope Community Church, submitted on January 30,2014, to the North Port Neighborhood Development Services Department, an application for a SpecialException, SPX-13-075, to enable the existing church to become a conforming use, and to allow for atwo-phased expansion of the church's activities elsewhere on the subject property; and

WHEREAS, the subject property is ± 3.7 acres and is located at 5600 South Biscayne Drive, northof US 41; and

WHEREAS, the subject property described above is currently zoned Residential Single Family andhas a future land use designation of Activity Center #1; and

WHEREAS, churches are neither specifically allowed nor specifically prohibited in a ResidentialSingle Family zone; and

WHEREAS, Section 53-123 of the City's Unified Land Development Code, as amended, states,"Any use not specifically permitted and not specifically prohibited in this zoning district may file for aspecial exception permit in accordance with Article XXII of this chapter, provided that the use applied forcontributes to the intent of the zoning district as stated in the City's Comprehensive Plan and thisUnified Land Development Code."; and

WHEREAS, the existing church was built in 1964 prior to adoption of the City's zoningregulations in 1965, and therefore, never went through a Special Exception review process as requiredfor churches in residential zones under the City's current land development regulations; and

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Resolution No. 2014-R-01 New Hope Community Church

WHEREAS, the church plans to build or locate accessory structures on the subject property toaccommodate an expansion of church activities, which first requires Special Exception approval; and

WHEREAS, after consideration of a Staff Report from the North Port Planning and ZoningDivision, incorporated herein by reference as "Exhibit A", the North Port Planning and Zoning AdvisoryBoard, at its regular meeting of April 3, 2014, held a duly noticed public hearing and found that therequest of Robert Doerrfeld, representing New Hope Community Church, met the requirements of theUnified Land Development Code Section 53-259, subject to conditions, and recommended approval ofthe Special Exception; and

WHEREAS, after consideration of a Staff Report from the North Port Planning and ZoningDivision, incorporated herein by reference as "Exhibit B", the City Commission, at its regular meeting ofApril 28, 2014 held a duly noticed public hearing and found that the petition of Robert Doerrfeld,representing New Hope Community Church, met the requirements of ULDC Section 53-259, subject toconditions.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF NORTH PORT,FLORIDA, TO WIT:

SECTION 1- FINDINGS:1.01- The North Port City Commission hereby finds that the petition for a Special Exception to

enable the existing church to become a conforming use and to allow for the potential expansion ofchurch activities meets all of the requirements of Section 53-259 of the City of North Port's UnifiedLand Development Code.

SECTION 2 - GRANT OF SPECIAL EXCEPTION:2.01 - A Special Exception is hereby granted to New Hope Community Church, for the existing

church building at 5600 South Biscayne Boulevard, and to allow for the potential expansion of churchactivities on the subject property, which will be reviewed through the Major Site Development process.

2.02 - The approval includes a waiver to the waterway buffering requirements for Phase 1.

2.03 - A copy of the master plan related to the existing use and general locations for theproposed expansion areas for Phases 1 and 2, attached hereto and incorporated herein by reference as"Exhibit C".

2.04 - Pursuant to Section 53-263 of the City of North Port's Unified Land Development Code,special exceptions granted by the City Commission remain with the applicant of the special exceptionthat was granted and do not transfer with ownership.

SECTION 3 - CONDITIONS:3.01 - The special exception herein granted is subject to the conditions in Section X of the staff

report, attached hereto and incorporated herein as "Exhibit B."

SECTION 4 - SEVERABILTY:4.01 - If any section, subsection, sentence, clause, phrase or portion of this Resolution is held

invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a

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Resolution No. 2014-R-01 New Hope Community Church

separate, distinct, and independent provision and such holding shall not affect the validity of theremaining portion thereof.

SECTION 5 - CONFLICTS:5.01- If there is any conflict between the provisions of this Resolution and any other resolution

or portions thereof, the provisions of this Resolution shall prevail to the extent of such conflict.

SECTION 6 - EFFECTIVE DATE:6.01- This Resolution shall take effect immediately upon its adoption.

PASSED AND DULY ADOPTED by the City Commission of the City of North Port, Florida, this

~~ day of April, 2014.

CITY OF NORTH PORT, FLORIDA

Attest:

HELEN M. RAIMBEAU, MMCCITY CLERK

Approved as to form and correctness:

ROBERT K. ROBINSONCITY ATTORNEY

3

NEIGHBORHOOD DEVELOPMENT SERVICES DEPARTMENTPlanning Division

STAFF REPORTSpecial Exception with Requested Waivers (SPX-13-075)

Existing church and two-phased expansion on the site of New Hope Community Church

To: Planning and Zoning Advisory Board

Thru: Scott Williams, Director

Michele Norton, Planning Manager

From: Heather Hansen, Planner

Date: March 14, 2014

1. GENERAL INFORMATION

Project: New Hope Community Church's existing structure built in 1964, Phase 1

addition of three temporary modular units, and Phase 2 future constructionof a new building; Petition No. SPX-13-075; Resolution 2014-R-01

Request: Approval of a Special Exception

Applicant: RJ Doerrfeld, President Trustee, Agent for New Hope Community Church

(ATTACHMENT 1)

Owner(s): New Hope Community Church

Location: 5600 South Biscayne Drive

Property Size: ± 3.7 acres

II. SUMMARY

A Special Exception is requested for the existing church and for a two-phased expansion that

will provide additional space for worship and youth and adult programs (See Section V). The

existing church was built in 1964 prior to the City's zoning regulations. The use and the site arenonconforming. The use will be considered conforming after the approval of a Special

Exception. The site has several nonconformities, including landscaping, parking lotimprovements and architectural design elements. The church is also requesting two waivers:

one related to landscape buffers and the other for the design elements for Activity Center #1.

Ill. RECOMMENDATION

That the Planning and Zoning Advisory Board (PZAB) recommend that the City Commission

APPROVE with conditions Petition No. SPX-13-075 by Resolution 2014-R-01.

Page 1 of 16

Petition No. SPX-13-075 Project Name: New Hope Community Church Expansion

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Page 5 of 16


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PHASE 1PROJECT AREA

STAFF NOTE:Exact location of the

modular units willbe determined

during the NIASprocess

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Page 6 of 16


VI. SITE INFORMATION

Land Use

Adopted Future Land Use Map Designation: Activity Center #1

Adopted Zoning Map Designation: Residential Single Family 2 (RSF2)

Existing Land Use(s): Institutional - Church

Surrounding Land Uses:

Future Land Use Map Zoning MapDirection Existing Land Uses

Designation Designation

North Institutional-Academy for Professional Office Office, Professional &Early Learning Institutional

South Vacant (owned by mortuary Activity Center #1 Residential Single Family 2

to south)

West S. Biscayne Blvd; Single- Medium Density Residential Single Family 3family across street Residential

East Drainage R-O-W; Utility Activity Center #1 Drainage R-O-W; Government

facilities across drainage Use across drainage

Services and Facilities

Potable Water: North Port Utilities

Sanitary Sewer: North Port Utilities

Transportation: South Biscayne Drive

Environmental

Conservation: N/A

Flood Zone: Zone B, Panel 120279 0010 B

VII. BACKGROUND

The existing church was built in 1964 prior to the City's zoning regulations. The church propertywas previously owned by First Presbyterian Church. The church property was originally 4.5

acres. In 2003, First Presbyterian Church sold the southern 0.78 acres to Farley Funeral Home.

The remaining 3.7 acres with the church building was sold to New Hope Community Church in2008.

The applicant reports that since 2008 the church's congregation has grown to the extent thatthe existing building can no longer support all of the church's activities. New Hope's statedvision is to ultimately construct additional facilities to accommodate its current and futurecongregation and ever expanding ministries and community services it supports.

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In 2013, the applicant purchased three former modular classrooms to be temporarily locatedon their property until construction of new facilities could be funded. They placed the modular

units on their property without building permits or land use review.

Phase 1 includes the general

location of the threetemporary modular units;Phase 2 includes the generallocation for their new facility;both will ultimately bereviewed as a Major Site and

Development (MAS) prior toissuance of building permits.

The use and the site arecurrently nonconforming. The

use would be consideredconforming upon the approval of a Special Exception. The site has several nonconformities,including landscaping, parking lot improvements, and architectural design elements.

In the application narrative, the applicant asserts that since the property is within ActivityCenter #1, which specifically identifies houses of worship as an allowable use, they should not

be required to request a Special Exception.

- Staff Response: Activity Center #1 (AC#1) is the future land use for the property, not the

official zoning district. The intent of Unified Land Development Code (ULDC) Chapter 55-Activity Center Design Regulations is to ensure that the development within Activity Centers

have identifying characteristics and design that are consistent with the Comprehensive Plan

Goals. The permitted uses listed in Chapter 55 would also come into play if a rezone were

requested, which would need to be consistent with this chapter.

ULDC Chapter 53-Zoning Regulations, Part 1-General Provisions, Section 53-3-General

Requirements, Subsection Q states "if the use is not expressly permitted or prohibited in azoning district, it shall be required to apply for a special exceptions permit." The property iszoned Single-Family Residential and houses of worship are neither permitted norprohibited, therefore a Special Exception is required.

VIII. STAFF ANALYSIS

This section includes ULDC citations, ULDC criteria relevant to the request is in bold, followed

by findings of fact and conclusions related to each criterion in italics.

A. Special Exception

ULDC Chapter 53-Zoning Regulations, Article XXII-Special Exceptions, Section 53-259-Findings

states "Before any special exception shall be recommended for approval, the Planning andZoning Advisory Board shall make a written report and recommendation that:

Page 8 of 16


1. The granting of the special exception will not adversely affect the public interest, health,

safety and general welfare.

Applicant: Since the City Commission adopted Chapter 55, Article 1, "Mediterranea (Activity

Center #1)"; Section 55-15(8), ULDC, wherein the City Commission listed "Houses of

Worship" on a minimum two (2) acre parcel as a "permitted principal use and structure"; it

must be presumed as a matter of law that the granting of a special exception so that New

Hope may continue to use its property and expand its existing use as a House of Worship,

will not adversely affect the public interest, health, safety and general welfare. If such use

would be expected to adversely affect the public interest, health, safety or general welfare,

the City Commission would have exceeded its "police power" authority in designating a

House of Worship as a permitted principal use and structure.

Staff: Activity Center #1 (AC#1) is the future land use for the property, not the official zoning

district. ULDC Chapter 53-Zoning Regulations, Part 1-General Provisions, Section 53-3-

General Requirements, Subsection Q states "If the use is not expressly permitted or

prohibited in a zoning district, it shall be required to apply for a special exceptions permit."

The property is zoned Single-Family Residential and houses of worship are neither

permitted nor prohibited, therefore a Special Exception is required.

There has been a church on this site since the 1960s. The site is approximately 3.7 acres so

there is sufficient space to expand the use without adverse impact to the public.

- Staff concludes that this criterion is met.

2. That the specific requirements in the Schedule of District Regulations (Part 2) governing

the individual special exception, if any, have been met by the petitioner.

Applicant: There are no specific requirements in the Schedule of District Regulations

pertaining to Houses of Worship. Therefore, this requirement is satisfied.

Staff: ULDC 53-Zoning Regulations, Article IX-RSF Residential Single Family District, Section

53-120-Intent states "Certain structures and uses designated to serve governmental,

educational, religious, noncommercial recreation and other immediate needs of such areas

are permitted or permissible as special exceptions within such districts, subject to

restrictions and requirements necessary to preserve and protect their residential single-

family character." For Phase 1, the applicant is proposing to place three temporary modular

units until such time they are able to construct their Phase 2 facility. Phases 1 & 2 will be

reviewed through the MAS process.

- Staff concludes that the Special Exception can meet this criterion with the following

conditions:

Condition 2.1: If the modular units are still in place in two years, the Special Exception

will expire and the applicant will need to request an extension of the Special Exception,

which must be approved by the Commission.

Condition 2.2: The temporary modular structures must be removed prior to occupancy

of the Phase 2 facility.

And that the following standards, where applicable, have been met:

Page 9 of 16


3. The proposed use shall be consistent with the intent, goals, objectives, policies andprograms of the City of North Port Comprehensive Plan and the intent of the zoningdistrict as defined in this Unified Land Development Code for the area in which theproperty is located.

Applicant: Since the City Commission adopted Chapter 55, Article 1, "Mediterranea (ActivityCenter #1)", Section 55-15(B), ULDC, wherein the City Commission listed "Houses ofWorship" on a minimum two (2) acre parcel as a "permitted principal use and structure"; itmust be presumed as a matter of law that this standard has been met.

Staff: The future land use of the property is Activity Center #1, which allows houses ofworship within the mix of allowed uses. The residential zoning was in place prior to theadoption of the City's Activity Centers. Single-family development is not an allowed use inActivity Center #1. Therefore, the intent of the zoning district is inconsistent with theComprehensive Plan. The church use is, however, consistent with the future land use ofActivity Center #1 and will be consistent with the zoning district upon approval of theSpecial Exception.


4. The density or intensity of the proposed use shall be consistent with the intended futureuse of the designated land use area in which the property is located, in accordance withthe provisions of the Future Land Use Plan Map contained in the Comprehensive Plan.

Applicant: Since the City Commission adopted Chapter 55, Article 1, "Mediterranea (ActivityCenter #1)", Section 55-15(B), ULDC, wherein the City Commission listed "Houses ofWorship" on a minimum two (2) acre parcel as a "permitted principal use and structure"; itmust be presumed as a matter of law that this standard has been met.

Staff: The future land use is Activity Center #1, which allows houses of worship on parcelsthat are two acres or more. The subject property is approximately 3.7 acres and anydevelopment will need to meet the maximum lot coverage, minimum setback requirements,and maximum building height for the Residential Single Family zoning district, therefore theSpecial Exception is consistent with the intended future land use.


5. The proposed use, singularly or in combination with other previously approved specialexceptions, must not be detrimental to the health, safety, welfare, morals, order,comfort, convenience, appearance or prosperity of the neighborhood or adjacent uses;and shall be an economic benefit to the economy of the City.

Applicant: Since the City Commission adopted Chapter 55, Article 1, "Mediterranea (ActivityCenter #1)'; Section 55-15(B), ULDC, wherein the City Commission listed "Houses ofWorship" on a minimum two (2) acre parcel as a "permitted principal use and structure"; itmust be presumed as a matter of law that this standard has been met.

Staff: The existing church has been on the subject property since the 1960s, the adjacentuses are commercial and industrial in nature, and the 3.7-acre site can potentiallyaccommodate an expansion of the use in a manner that is acceptable to the residential

Page 10 of 16


neighborhood across the street. Churches cannot be expected to provide economic benefitto the economy of the City.

- Staff concludes that this criterion is met with the addition of the Special ExceptionConditions 2.1 and 2.2 above and Waivers Condition 1.1 in the section that follows.

6. The intensity of the proposed use shall be harmonious with the character of other uses inthe neighborhood.

Applicant: Since the City Commission adopted Chapter 55, Article 1, "Mediterranea (ActivityCenter #1)"; Section 55-15(8), ULDC, wherein the City Commission listed "Houses ofWorship" on a minimum two (2) acre parcel as a "permitted principal use and structure"; itmust be presumed as a matter of law that this standard has been met.

Staff: The surrounding uses include a private school to the north, drainage and industrialuse to the east, vacant lot and funeral home to the south, and a road and residential areato the west. There are other structures that are commercial in nature adjacent to theabovementioned uses. In addition, the Phase 1 modular units are intended to be temporary,and both phases will be reviewed in more detail through the MAS process.

- Staff concludes that this criterion is met with the addition of Special ExceptionConditions 2.1 and 2.2 above, as well as Waiver Condition 1.1 in the section thatfollows.

7. The height and orientation of any proposed structure(s) shall be compatible with existingneighboring structures and uses.

Applicant: The maximum height permitted with the RSF-2, Residential, Single-Family zoningdistrict is 35 feet. The height of the three temporary modular units is substantially less thanthe maximum permitted height, and is less than the height of the existing structure on thesubject property. Thus, this standard has been met.

Staff: The height of the Phase 1 modular units is reported as 12 feet by the applicant. Theexisting church and structures on adjacent properties are as tall or taller than the proposedmodular units. The units are also at the back of the property oriented toward the existingparking lot, which diminishes their appearance from the perspective of the street.


8. The subject parcel shall be adequate in shape and size to accommodate the proposed useand provide for appropriate separation between neighboring uses.

Applicant: The subject parcel consists of 162,130 square feet, or 3.7 acres. The subjectparcel is more that adequate in shape and size to accommodate the proposed use andprovide for appropriate separation between neighboring uses. Thus, this standard has beenmet.

Staff: The lot is approximately 3.7 acres with dimensions of approximately 550' long and350' deep. This size and shape is adequate for accommodating the proposed accessorystructures while providing appropriate separation between neighboring uses.


Page 11 of 16


9. The proposed use shall be adequately screened and buffered to effectively separatetraffic, light and noise from existing or intended nearby uses.

Applicant: The proposed use complies with all applicable screening and bufferingrequirements applicable within "Mediterranea (Activity Center #1). Thus, this standard hasbeen met.

Staff: The lot to the north is zoned Office, Professional, Institutional and the existing use isinstitutional. No buffering or screening is required between similar uses. The vacant lot tothe south is zoned residential, however, because of the size and shape of that lot (60' wide,350' deep), and the fact that it is owned by the adjacent commercial use (funeral home), itis unlikely it will be developed for residential use. NOTE: The applicant requested a waiverto the requirements for buffering, which is addressed in Section 8 of this Staff Analysis.

- Staff concludes that this criterion is met with Condition 1.1 in the Waiver Requestssection.

10. The loading and/or refuse areas shall not impose negative visual, odor or noise impactson abutting uses or thoroughfares.

Applicant: As reflected on the submitted Site Plan, there is adequate area on the subjectparcel to ensure that loading and/or refuse areas shall not impose negative visual, odor ornoise impacts on abutting uses or thoroughfares. Thus, this standard has been met.

Staff: No additional loading or refuse areas are proposed.

- Staff concludes that this criterion is not applicable.

11. The size and location of proposed sign(s) shall be in compliance with Chapter 29, SignRegulations of these regulations, and shall be compatible with the character of theexisting neighboring uses.

Applicant: No new signs are proposed by New Hope. Thus, this standard has been met.

Staff: There are no additional signs proposed. Any additional signs would be reviewedunder a separate building permit.


12. Exterior lighting shall be harmonious with the character of existing neighboring uses, interms of glare, and required footcandles.

Applicant: Lighting shall be provided as per the requirements of all applicable regulations.Thus, this standard has been met.

Staff: There is existing lighting on the site. No information was provided regarding thelighting for Phases 1 & 2. Per the ULDC Chapter 53-Zoning Regulations, Section 53-3-General Requirements, (O) Lighting will be required to provide a minimum of 0.9footcandles in all parking and pedestrian areas related to new development prior tooccupancy of the Phase 1 & 2 structures. Lighting will be reviewed in more detail during theMAS process.

- Staff concludes that this criterion has been met.

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13. The ingress and egress to the subject parcel and any structure involved shall notadversely affect traffic flow, safety or control.

Applicant: New Hope is not proposing any change in existing ingress and egress to thesubject parcel or to the three temporary modular units. Thus, there are no changes toexisting conditions which will affect traffic flow, safety, or control. Thus, this standard hasbeen met.

Staff: The City's infrastructure engineer, Ben Newman, reviewed the Special Exception andhad 'no objection'. Ingress and egress, as well as off-street parking, will be reviewed inmore detail during the MAS process.


14. The access and internal circulation shall be adequate in case of fire or emergency.

Applicant: New Hope is not proposing any change in existing access and internal circulationof the subject parcel or to the three temporary modular units. As reflected on the submittedSite Plan, there is adequate area on the subject parcel to ensure that access and internalcirculation shall be adequate in case of fire or emergency. Thus, this standard has beenmet.

Staff: The City's Fire Marshall, Michael Frantz, reviewed the proposal and determined thatthe Special Exception 'meets requirements'. Approval of this petition does not includeapproval of the location of the temporary modular structures. These issues will be reviewedin more detail during the MAS process.


15. The proposed use shall not adversely affect traffic flow, safety or control on thesurrounding roadway system.

Applicant: There will be no increase in the number of trips to and from its property as aconsequence of the installation of the three temporary modular units. Thus, this standardhas been met.

Staff: The City's infrastructure engineer, Ben Newman, reviewed the Special Exception andhad 'no objection'. Traffic impact will be reviewed in more detail during the MAS process.


16. The location, type and availability of proposed potable water systems shall be adequatefor the proposed use and shall not adversely affect neighboring potable water systems.

Applicant: The subject property is already served by a potable water system. New Hopedoes not anticipate any significant change in its existing potable water system as aconsequence of the installation of the three temporary modular units. Thus, this standardhas been met.

Staff: Water service is available to the site (ATTACHMENT 2).


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17. The location, type and availability of proposed wastewater systems shall be adequate forthe proposed use and compatible with drainage conditions in the area and neighboringuses.

Applicant: The subject property is already served by a wastewater system. New Hope does

not anticipate any significant change in its existing wastewater system as a consequence of

the installation of the three temporary modular units. Thus, this standard has been met.

Staff: Wastewater service is available to the site (ATTACHMENT 2).


18. The proposed use shall not cause or intensify flooding of neighboring uses."

Applicant: A SWFWMD exemption permit has already been granted for the modular units,

and therefore will meet this standard.

Staff: The entire lot is in Flood Zone 8 on the current FEMA Flood Insurance Rate Maps (Sept

2, 1981). Zone 8 is considered a moderate risk area by FEMA. The City's stormwater

manager, Elizabeth Wong, reviewed the Special Exception and deemed that it 'meetsrequirements.' Storm water and floodplain issues will be reviewed in further detail duringthe MAS review process.


B. Waivers

ULDC Article XXII-Special Exceptions: Section 53-254(8) states "The City Commission may

approve special exceptions, subject to appropriate safeguards. When appropriate, the CityCommission may waive or modify specific regulations contained in the Unified LandDevelopment Code Ordinance No. 90-28 on a case-by-case basis to ensure comfort,convenience, appearance, prosperity or general welfare. Such uses may be permissible in azoning classification or district as a special exception if specific provision for such a specialexception is made in these zoning regulations. However, such uses are not deemed to beappropriate within a zoning district without demonstration by the petitioner that the specialexception complies with this section."

The applicant is requesting two waivers; one related to landscape buffers and the other for thedesign elements for Activity Center #1. The applicant asserts that neither waiver should berequired.

1. Waiver Request #1- Landscape Buffers: The applicant points out that the language in ULDC

Chapter 53-Zoning Regulations, Part 1-General Provisions, Section 53-3(K)-Buffers states"When a non-residential development abuts a residential development, adequatebuffering shall be placed between the uses, see Chapter 21, Landscape Regulations."

Chapter 21-Landscape Regulations, Section 21-9-Landscaping the perimeter of abutting landuses, (D) Determination of perimeter buffer requirements addresses the proposeddevelopment relative to abutting existing uses. The proposed expansion areas are adjacent

to a vacant residential parcel to the south, and an institutional use to the north.

Page 14 of 16


- Staff concur that the buffer requirements do not apply on the northern and southernboundaries of the property.

Item W-Landscape along waterways and parks from the same section, requires a 10 foot

buffer along the side that abuts a waterway. The eastern boundary is along a waterway,however, there is existing vegetation that provides a buffer, albeit mainly from an invasivespecies. The City Arborist, Ryan Pieper, feels that the existing buffer is adequate for the

Phase 1 expansion area. The waiver can be applied to Phase 1 of the Special Exception only.

- Staff recommends approval of this Waiver Request with the following condition:

Condition 1.1: The waiver to the buffering requirements along the waterway onlyapplies to Phase 1.

2. Waiver Request #2 - AC#1 Desien Elements: The applicant notes that on page 33 under the

APPLICABILTY heading in the US 41 Architectural District section of the Urban Design

Standards Pattern Book, it states "The provision of this Section shall be applicable to aspectsof architecture, lighting, and monument signage for all new commercial developments,buildings, and exterior improvements done in conjunction with substantial improvement(s)of existing developments, buildings, and structures (except single family residential) locatedwithin the US 41 Architectural Guidelines District Boundaries, excluding Trott Circle."AC#1 is

the only Activity Center that specifies that the architectural standards only apply tocommercial development, and given that the existing church was built in 1964, it's notreasonable to expect the accessory structures to adhere to Mediterranean architecturalstandards.

- Staff concur that the AC#1 Architectural Design Standards do not apply to this Special

Exception, therefore, a Waiver is not necessary.

However, the Urban Design Standards Pattern Book APPLICABILITY section also states "The

provisions of the Mediterranean Architectural Color section related to repainting shall beapplicable to all structures." The existing church meets the Mediterranean architecturalcolor requirements; therefore, the accessory structures can be painted to match the primarystructure. The Mediterranean Architectural Color requirements still apply to this SpecialException.

IX. REVIEW PROCESS

A. Staff reviewed this petition for a Special Exception and found this petition met therequirements of Unified Land Development Code Section 53-259, subject to theconditions listed in Section X of this staff report. The following City departments wereinvolved in this plan review and issued the following results (ATTACHMENT 3):

Q Neighborhood Development Services, Arborist - No Objection

Q Neighborhood Development Services, Zoning - Meets Requirements

Q Neighborhood Development Services, Planning - Meets Requirements with

Conditions

Q Fire Rescue District, Fire Prevention & Life Safety- Meets Requirements

Page 15 of 16


Q North Port Utilities, Potable Water & Sanitary Sewer - No Objection

Q Public Works, Engineering, Stormwater & Environmental - Meets Requirements

Q Public Works, Engineering, Infrastructure - No Objection

Q 1 &T- Meets Requirements

B. Legal has reviewed the resolution for form and correctness.

X. STAFF RECOMMENDATION

Special Exception: Recommend approval to the City Commission with the followingconditions:

Condition 2.1: If the modular units are still in place in two years, the Special Exceptionwill expire and the applicant will need to request an extension of the Special Exception,which must be approved by the Commission.

Condition 2.2: The temporary modular structures must be removed prior to occupancyof the Phase 2 facility.

Waiver Request #1 - Landscape Buffers: Staff concur with the applicant that thelandscape buffer requirements do not apply on the northern and southern boundaries ofthe property, therefore, waivers are not needed along the northern and southernperimeters of the property. However, a waiver is necessary to the buffering requirementsalong the waterway. The existing trees are an adequate buffer for the Phase 1 temporarystructures. Buffering will be revisited for Phase 2 during the MAS process.

Recommend approval to the City Commission with the following condition:


Waiver Request #2 - AC#1 Design Elements: Staff concur that the AC#1 Design Standardsdo not apply to this Special Exception, therefore, a Waiver is not necessary. However, theMediterranean architectural color requirements still apply.

XI. PUBLIC HEARING SCHEDULE

Planning and Zoning Advisory Board April 3, 2014Public Hearing 9:00 AM or as soon thereafter

City Commission April 28, 2014Public Hearing 6:00 PM or as soon thereafter

Page 16 of 16

NEIGHBORHOOD DEVELOPMENT SERVICES DEPARTMENTPlanning Division

STAFF REPORTSpecial Exception with Requested Waivers (SPX-13-075)

Existing church and two-phased expansion on the site of New Hope Community Church

To: City Commission

Thru: Scott Williams, DirectorMichele Norton, Planning Manager

From: Heather Hansen, Planner

Date: April 10, 2014

1. GENERAL INFORMATION

Project: New Hope Community Church's existing structure built in 1964, Phase 1general location for placement of three temporary modular units, and Phase2 general location for future construction of a new building; Petition No. SPX-13-075; Resolution 2014-R-01

Request: Approval of a Special Exception with Waivers

Applicant: RJ Doerrfeld, President Trustee, Agent for New Hope Community Church(ATTACHMENT 1)

Owner(s): New Hope Community Church

Location: 5600 South Biscayne Drive

Property Size: ± 3.7 acres

II. SUMMARY

A Special Exception is requested for the existing church and for a two-phased expansion thatwill provide additional space for worship and youth and adult programs (See Section V). Theexisting church was built in 1964 prior to the City's zoning regulations. The use and the site arenonconforming. The use will be considered conforming after the approval of a SpecialException. The site has several nonconformities, including landscaping, parking lotimprovements and architectural design elements. The church is also requesting two waivers:one related to landscape buffers and the other for the design elements for Activity Center #1.

The City's Planning and Zoning Advisory Board (PZAB) conducted a hearing on the petition onApril 3, 2014. The PZAB voted unanimously to recommend approval of the Special Exceptionwith Conditions, as recommended in the staff report.

Page 1 of 16


III. RECOMMENDATION

That the City Commission APPROVE with conditions Petition No. SPX-13-075 by Resolution2014-R-01.

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Page 5 of 16


V. PROPOSED SITE PLAN _


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Page 6 of 16


VI. SITE INFORMATION

Land Use


Adopted Future Land Use Map Designation: Activity Center #1

Adopted Zoning Map Designation: Residential Single Family 2 (RSF2)

Existing Land Use(s): Institutional - Church

Surrounding Land Uses:

Direction Existing Land UsesFuture Land Use Map Zoning Map

Designation Designation

North Institutional-Academy for Professional Office Office, Professional &Early Learning Institutional

South Vacant (owned by mortuary Activity Center #1 Residential Single Family 2to south)

West S. Biscayne Blvd; Single- Medium Density Residential Single Family 3family across street Residential

East Drainage R-O-W; Utility Activity Center #1 Drainage R-O-W; Governmentfacilities across drainage Use across drainage

Services and Facilities

Potable Water: North Port Utilities

Sanitary Sewer: North Port Utilities

Transportation: South Biscayne Drive

Environmental

Conservation: N/A

Flood Zone: Zone B, Panel 120279 0010 B

Vll. BACKGROUND

The existing church was built in 1964 prior to the City's zoning regulations. The church propertywas previously owned by First Presbyterian Church. The church property was originally 4.5acres. In 2003, First Presbyterian Church sold the southern 0.78 acres to Farley Funeral Home.The remaining 3.7 acres with the church building was sold to New Hope Community Church in2008.

The applicant reports that since 2008 the church's congregation has grown to the extent thatthe existing building can no longer support all of the church's activities. New Hope's statedvision is to ultimately construct additional facilities to accommodate its current and futurecongregation and ever expanding ministries and community services it supports.

In 2013, the applicant purchased three former modular classrooms to be temporarily locatedon their property until construction of new facilities could be funded. The Church asked the City

Page 7 of 16


for permission to store the modular units onsite because they were under a time crunch to

purchase the units. City staff told the Church representative that they could store them, but

that they would need to be tied down in case of storm, placed an adequate distance from the

existing church, and that they would need to go through a land use review process and obtain

building permits before they could occupy the modular units. The City's Building Official and

Fire Marshall determined that the modular units are out of compliance with several aspects of

the Florida Building Codes, which would all need to be addressed prior to occupancy.

Phase 1 includes the generallocation of the threetemporary modular units;Phase 2 includes the generallocation for their new facility;both will ultimately bereviewed as a Major Site and

Development (MAS) prior to

issuance of building permits.

The use and the site arecurrently nonconforming. The

use would be consideredconforming upon the approval of a Special Exception. The site has several nonconformities,

including landscaping, parking lot improvements, and architectural design elements.

In the application narrative, the applicant asserts that since the property is within Activity

Center #1, which specifically identifies houses of worship as an allowable use, they should not

be required to request a Special Exception.

- Staff Response: Activity Center #1 (AC#1) is the future land use for the property, not theofficial zoning district. The intent of Unified Land Development Code (ULDC) Chapter 55-

Activity Center Design Regulations is to ensure that the development within Activity Centers

have identifying characteristics and design that are consistent with the Comprehensive Plan

Goals. The permitted uses listed in Chapter 55 would also come into play if a rezone were

requested, which would need to be consistent with this chapter.

ULDC Chapter 53-Zoning Regulations, Part 1-General Provisions, Section 53-3-General

Requirements, Subsection Q states "If the use is not expressly permitted or prohibited in a

zoning district, it shall be required to apply for a special exceptions permit." The property is

zoned Single-Family Residential and houses of worship are neither permitted nor

prohibited, therefore a Special Exception is required.

VIII. STAFF ANALYSIS

This section includes ULDC citations, ULDC criteria relevant to the request is in bold, followed

by findings of fact and conclusions related to each criterion in italics.

Page 8 of 16


A. Special Exception

ULDC Chapter 53-Zoning Regulations, Article XXII-Special Exceptions, Section 53-259-Findingsstates "Before any special exception shall be approved, the City Commission shall determinethat:

1. The granting of the special exception will not adversely affect the public interest, health,safety and general welfare.

Applicant: Since the City Commission adopted Chapter 55, Article 1, "Mediterranea (ActivityCenter #1)"; Section 55-15(8), ULDC, wherein the City Commission listed "Houses ofWorship" on a minimum two (2) acre parcel as a "permitted principal use and structure"; itmust be presumed as a matter of law that the granting of a special exception so that NewHope may continue to use its property and expand its existing use as a House of Worship,will not adversely affect the public interest, health, safety and general welfare. If such usewould be expected to adversely affect the public interest, health, safety or general welfare,the City Commission would have exceeded its "police power" authority in designating aHouse of Worship as a permitted principal use and structure.

Staff: Activity Center #1 (AC#1) is the future land use for the property, not the official zoningdistrict. ULDC Chapter 53-Zoning Regulations, Part 1-General Provisions, Section 53-3-General Requirements, Subsection Q states "If the use is not expressly permitted orprohibited in a zoning district, it shall be required to apply for a special exceptions permit."The property is zoned Single-Family Residential and houses of worship are neitherpermitted nor prohibited, therefore a Special Exception is required.

There has been a church on this site since the 1960s. The site is approximately 3.7 acres sothere is sufficient space to expand the use without adverse impact to the public.


2. That the specific requirements in the Schedule of District Regulations (Part 2) governingthe individual special exception, if any, have been met by the petitioner.

Applicant: There are no specific requirements in the Schedule of District Regulationspertaining to Houses of Worship. Therefore, this requirement is satisfied.

Staff: ULDC 53-Zoning Regulations, Article IX-RSF Residential Single Family District Section53-120-Intent states "Certain structures and uses designated to serve governmental,educational, religious, noncommercial recreation and other immediate needs of such areasare permitted or permissible as special exceptions within such districts, subject torestrictions and requirements necessary to preserve and protect their residential single-family character." For Phase 1, the applicant is proposing to place three temporary modularunits until such time they are able to construct their Phase 2 facility. Phases 1 & 2 will bereviewed through the MAS process.

- Staff concludes that the Special Exception can meet this criterion with the followingconditions:


Page 9 of 16



And that the following standards, where applicable, have been met:

3. The proposed use shall be consistent with the intent, goals, objectives, policies andprograms of the City of North Port Comprehensive Plan and the intent of the zoningdistrict as defined in this Unified Land Development Code for the area in which theproperty is located.

Applicant: Since the City Commission adopted Chapter 55, Article 1, "Mediterranea (ActivityCenter #1)"; Section 55-15(B), ULDC, wherein the City Commission listed "Houses ofWorship" on a minimum two (2) acre parcel as a "permitted principal use and structure", itmust be presumed as a matter of law that this standard has been met.

Staff: The future land use of the property is Activity Center #1, which allows houses ofworship within the mix of allowed uses. The residential zoning was in place prior to theadoption of the City's Activity Centers. Single-family development is not an allowed use inActivity Center #1. Therefore, the intent of the zoning district is inconsistent with theComprehensive Plan. The church use is, however, consistent with the future land use ofActivity Center #1 and will be consistent with the zoning district upon approval of theSpecial Exception.


4. The density or intensity of the proposed use shall be consistent with the intended futureuse of the designated land use area in which the property is located, in accordance withthe provisions of the Future Land Use Plan Map contained in the Comprehensive Plan.

Applicant: Since the City Commission adopted Chapter 55, Article 1, "Mediterranea (ActivityCenter #1)"; Section 55-15(B), ULDC, wherein the City Commission listed "Houses ofWorship" on a minimum two (2) acre parcel as a "permitted principal use and structure"; itmust be presumed as a matter of law that this standard has been met.

Staff: The future land use is Activity Center #1, which allows houses of worship on parcelsthat are two acres or more. The subject property is approximately 3.7 acres and anydevelopment will need to meet the maximum lot coverage, minimum setback requirements,and maximum building height for the Residential Single Family zoning district, therefore theSpecial Exception is consistent with the intended future land use.


5. The proposed use, singularly or in combination with other previously approved specialexceptions, must not be detrimental to the health, safety, welfare, morals, order,comfort, convenience, appearance or prosperity of the neighborhood or adjacent uses;and shall be an economic benefit to the economy of the City.

Applicant: Since the City Commission adopted Chapter 55, Article 1, "Mediterranea (ActivityCenter #1)"; Section 55-15(8), ULDC, wherein the City Commission listed "Houses ofWorship" on a minimum two (2) acre parcel as a "permitted principal use and structure"; itmust be presumed as a matter of law that this standard has been met.

Page 10 of 16


Staff: The existing church has been on the subject property since the 1960s, the adjacentuses are commercial and industrial in nature, and the 3.7-acre site can potentiallyaccommodate an expansion of the use in a manner that is acceptable to the residentialneighborhood across the street. Churches cannot be expected to provide economic benefitto the economy of the City.

- Staff concludes that this criterion is met with the addition of the Special ExceptionConditions 2.1 and 2.2 above and Waivers Condition 1.1 in the section that follows.

6. The intensity of the proposed use shall be harmonious with the character of other uses inthe neighborhood.

Applicant: Since the City Commission adopted Chapter 55, Article 1, "Mediterranea (ActivityCenter #1)"; Section 55-15(8), ULDC, wherein the City Commission listed "Houses ofWorship" on a minimum two (2) acre parcel as a "permitted principal use and structure°, itmust be presumed as a matter of law that this standard has been met.

Staff: The surrounding uses include a private school to the north, drainage and industrialuse to the east, vacant lot and funeral home to the south, and a road and residential areato the west. There are other structures that are commercial in nature adjacent to theabovementioned uses. In addition, the Phase 1 modular units are intended to be temporary,and both phases will be reviewed in more detail through the MAS process.

- Staff concludes that this criterion is met with the addition of Special ExceptionConditions 2.1 and 2.2 above, as well as Waiver Condition 1.1 in the section thatfollows.

7. The height and orientation of any proposed structure(s) shall be compatible with existingneighboring structures and uses.

Applicant: The maximum height permitted with the RSF-2, Residential, Single-Family zoningdistrict is 35 feet. The height of the three temporary modular units is substantially less thanthe maximum permitted height, and is less than the height of the existing structure on thesubject property. Thus, this standard has been met.

Staff: The height of the Phase 1 modular units is reported as 12 feet by the applicant. Theexisting church and structures on adjacent properties are as tall or taller than the proposedmodular units. The units are also at the back of the property oriented toward the existingparking lot, which diminishes their appearance from the perspective of the street.


8. The subject parcel shall be adequate in shape and size to accommodate the proposed useand provide for appropriate separation between neighboring uses.

Applicant: The subject parcel consists of 162,130 square feet, or 3.7 acres. The subjectparcel is more that adequate in shape and size to accommodate the proposed use andprovide for appropriate separation between neighboring uses. Thus, this standard has beenmet.

Page 11 of 16


Staff: The lot is approximately 3.7 acres with dimensions of approximately 550' long and350' deep. This size and shape is adequate for accommodating the proposed accessorystructures while providing appropriate separation between neighboring uses.


9. The proposed use shall be adequately screened and buffered to effectively separatetraffic, light and noise from existing or intended nearby uses.Applicant: The proposed use complies with all applicable screening and bufferingrequirements applicable within "Mediterranea (Activity Center #1). Thus, this standard hasbeen met.

Staff: The lot to the north is zoned Office, Professional, Institutional and the existing use isinstitutional. No buffering or screening is required between similar uses. The vacant lot tothe south is zoned residential, however, because of the size and shape of that lot (60' wide,350' deep), and the fact that it is owned by the adjacent commercial use (funeral home), itis unlikely it will be developed for residential use. NOTE: The applicant requested a waiverto the requirements for buffering, which is addressed in Section 8 of this Staff Analysis.- Staff concludes that this criterion is met with Condition 1.1 in the Waiver Requests

section.

10. The loading and/or refuse areas shall not impose negative visual, odor or noise impactson abutting uses or thoroughfares.

Applicant: As reflected on the submitted Site Plan, there is adequate area on the subjectparcel to ensure that loading and/or refuse areas shall not impose negative visual, odor ornoise impacts on abutting uses or thoroughfares. Thus, this standard has been met.

Staff: No additional loading or refuse areas are proposed.


11. The size and location of proposed sign(s) shall be in compliance with Chapter 29, SignRegulations of these regulations, and shall be compatible with the character of theexisting neighboring uses.

Applicant: No new signs are proposed by New Hope. Thus, this standard has been met.

Staff: There are no additional signs proposed. Any additional signs would be reviewedunder a separate building permit.


12. Exterior lighting shall be harmonious with the character of existing neighboring uses, interms of glare, and required footcandles.

Applicant: Lighting shall be provided as per the requirements of all applicable regulations.Thus, this standard has been met.

Staff: There is existing lighting on the site. No information was provided regarding thelighting for Phases 1 & 2. Per the ULDC Chapter 53-Zoning Regulations, Section 53-3-General Requirements, (O) Lighting will be required to provide a minimum of 0.9footcandles in all parking and pedestrian areas related to new development prior to

Page 12 of 16


occupancy of the Phase 1 & 2 structures. Lighting will be reviewed in more detail during theMAS process.

- Staff concludes that this criterion has been met.

13. The ingress and egress to the subject parcel and any structure involved shall notadversely affect traffic flow, safety or control.

Applicant: New Hope is not proposing any change in existing ingress and egress to thesubject parcel or to the three temporary modular units. Thus, there are no changes toexisting conditions which will affect traffic flow, safety, or control. Thus, this standard hasbeen met.

Staff: The City's infrastructure engineer, Ben Newman, reviewed the Special Exception andhad 'no objection'. Ingress and egress, as well as off-street parking, will be reviewed inmore detail during the MAS process.


14. The access and internal circulation shall be adequate in case of fire or emergency.

Applicant: New Hope is not proposing any change in existing access and internal circulationof the subject parcel or to the three temporary modular units. As reflected on the submittedSite Plan, there is adequate area on the subject parcel to ensure that access and internalcirculation shall be adequate in case of fire or emergency. Thus, this standard has beenmet.

Staff: The City's Fire Marshall, Michael Frantz, reviewed the proposal and determined thatthe Special Exception 'meets requirements'. Approval of this petition does not includeapproval of the location of the temporary modular structures. These issues will be reviewedin more detail during the MAS process.


15. The proposed use shall not adversely affect traffic flow, safety or control on thesurrounding roadway system.

Applicant: There will be no increase in the number of trips to and from its property as aconsequence of the installation of the three temporary modular units. Thus, this standardhas been met.

Staff: The City's infrastructure engineer, Ben Newman, reviewed the Special Exception andhad 'no objection'. Traffic impact will be reviewed in more detail during the MAS process.- Staff concludes that this criterion is met.

16. The location, type and availability of proposed potable water systems shall be adequatefor the proposed use and shall not adversely affect neighboring potable water systems.Applicant: The subject property is already served by a potable water system. New Hopedoes not anticipate any significant change in its existing potable water system as aconsequence of the installation of the three temporary modular units. Thus, this standardhas been met.

Staff: Water service is available to the site (ATTACHMENT 2).

Page 13 of 16



17. The location, type and availability of proposed wastewater systems shall be adequate for

the proposed use and compatible with drainage conditions in the area and neighboring

uses.

Applicant: The subject property is already served by a wastewater system. New Hope does

not anticipate any significant change in its existing wastewater system as a consequence of

the installation of the three temporary modular units. Thus, this standard has been met.

Staff: Wastewater service is available to the site (ATTACHMENT 2).


18. The proposed use shall not cause or intensify flooding of neighboring uses."

Applicant: A SWFWMD exemption permit has already been granted for the modular units,

and therefore will meet this standard.

Staff: The entire lot is in Flood Zone 8 on the current FEMA Flood Insurance Rate Maps (Sept

2, 1981). Zone 8 is considered a moderate risk area by FEMA. The City's stormwater

manager, Elizabeth Wong, reviewed the Special Exception and deemed that it 'meetsrequirements.' Storm water and floodplain issues will be reviewed in further detail during

the MAS review process.


B. Waivers

ULDC Article XXII-Special Exceptions: Section 53-254(8) states "The City Commission mayapprove special exceptions, subject to appropriate safeguards. When appropriate, the CityCommission may waive or modify specific regulations contained in the Unified LandDevelopment Code Ordinance No. 90-28 on a case-by-case basis to ensure comfort,convenience, appearance, prosperity or general welfare. Such uses may be permissible in azoning classification or district as a special exception if specific provision for such a specialexception is made in these zoning regulations. However, such uses are not deemed to beappropriate within a zoning district without demonstration by the petitioner that the special

exception complies with this section."

The applicant is requesting two waivers; one related to landscape buffers and the other for thedesign elements for Activity Center #1. The applicant asserts that neither waiver should berequired.

1. Waiver Request #1- Landscape Buffers: The applicant points out that the language in ULDC

Chapter 53-Zoning Regulations, Part 1-General Provisions, Section 53-3(K)-Buffers states"When a non-residential development abuts a residential development, adequatebuffering shall be placed between the uses, see Chapter 21, Landscape Regulations."

Chapter 21-Landscape Regulations, Section 21-9-Landscaping the perimeter of abutting land

uses, (D) Determination of perimeter buffer requirements addresses the proposeddevelopment relative to abutting existing uses. The proposed expansion areas are adjacentto a vacant residential parcel to the south, and an institutional use to the north.

Page 14 of 16


- Staff concur that the buffer requirements do not apply on the northern and southernboundaries of the property.

Item W-Landscape along waterways and parks from the same section, requires a 10 footbuffer along the side that abuts a waterway. The eastern boundary is along a waterway,however, there is existing vegetation that provides a buffer, albeit mainly from an invasivespecies. The City Arborist, Ryan Pieper, feels that the existing buffer is adequate for thePhase 1 expansion area. The waiver can be applied to Phase 1 of the Special Exception only.

- Staff recommends approval of this Waiver Request with the following condition:


2. Waiver Request #2 - AC#1 Desian Elements: The applicant notes that on page 33 under theAPPLICABILTY heading in the US 41 Architectural District section of the Urban DesignStandards Pattern Book, it states "The provision of this Section shall be applicable to aspectsof architecture, lighting, and monument signage for all new commercial developments,buildings, and exterior improvements done in conjunction with substantial improvement(s)of existing developments, buildings, and structures (except single family residential) locatedwithin the US 41 Architectural Guidelines District Boundaries, excluding Trott Circle."" AC#1 isthe only Activity Center that specifies that the architectural standards only apply tocommercial development, and given that the existing church was built in 1964, it's notreasonable to expect the accessory structures to adhere to Mediterranean architecturalstandards.

- Staff concur that the AC#1 Architectural Design Standards do not apply to this SpecialException, therefore, a Waiver is not necessary.

However, the Urban Design Standards Pattern Book APPLICABILITY section also states "Theprovisions of the Mediterranean Architectural Color section related to repainting shall beapplicable to all structures." The existing church meets the Mediterranean architecturalcolor requirements, therefore, the accessory structures can be painted to match the primarystructure. The Mediterranean Architectural Color requirements still apply to this SpecialException.

IX. REVIEW PROCESS

A. Staff reviewed this petition for a Special Exception and found this petition met therequirements of Unified Land Development Code Section 53-259, subject to theconditions listed in Section X of this staff report. The following City departments wereinvolved in this plan review and issued the following results (ATTACHMENT 3):

Q Neighborhood Development Services, Arborist - No Objection

Q Neighborhood Development Services, Zoning - Meets Requirements

Q Neighborhood Development Services, Planning - Meets Requirements withConditions

Q Fire Rescue District, Fire Prevention & Life Safety- Meets Requirements

Page 15 of 16


Q North Port Utilities, Potable Water & Sanitary Sewer- No Objection

Q Public Works, Engineering, Stormwater & Environmental - Meets Requirements

Q Public Works, Engineering, Infrastructure - No Objection

Q 1 & T- Meets Requirements

B. Legal has reviewed the resolution for form and correctness.

X. STAFF RECOMMENDATION

Special Exception: Recommend approval to the City Commission with the followingconditions:



Waiver Request #1 - Landscape Buffers: Staff concur with the applicant that thelandscape buffer requirements do not apply on the northern and southern boundaries ofthe property, therefore, waivers are not needed along the northern and southernperimeters of the property. However, a waiver is necessary to the buffering requirementsalong the waterway. The existing trees are an adequate buffer for the Phase 1 temporarystructures. Buffering will be revisited for Phase 2 during the MAS process.

Recommend approval to the City Commission with the following condition:


Waiver Request #2 - AC#1 Desien Elements: Staff concur that the AC#1 Design Standardsdo not apply to this Special Exception, therefore, a Waiver is not necessary. However, theMediterranean architectural color requirements still apply.

XI. PUBLIC HEARING SCHEDULE

Planning and Zoning Advisory Board April 3, 2014Public Hearing 9:00 AM or as soon thereafter

City Commission April 28, 2014Public Hearing 6:00 PM or as soon thereafter

Page 16 of 16

STAFF REPORT ATTACHMENT 1

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PROJECT DESCRIPTION: NEW HOPE COMMUNITY CHURCH MODULAR UNITSPBERCMIA~

4 ~ id iii - „iiigff 64188- iF. iW pwoii - (444) -

2. IfffaliN61no.20, 2014

^ Meets Requirements

^ Resubmittal Required

® No Objection

NONE

NONE

IYIifIFIE

Will address at MAS stage

^ Meets Requirements with Conditions

^ Does Not Meet Requirements

^ Please call to schedule a meetingwith Review before Resubmitting

NEW HOPE COMMUNITY CHURCH MODULAR UNITSSPX-13-075

PROJECT DESCRIPTION: NEW HOPE COMMUNITY CHURCH MODULAR UNITS

hf[4144.. WAR - iwwj 44i~~Vy99 8 _ n8h 1kh66 - 4i4ig"-i211 oil

1. f8gif I BI B: February 20, 2014

2. ROWER AETI :® Meets Requirements ^ Meets Requirements with Conditions

^ Resubmittal Required ^ Does Not Meet Requirements

^ No Objection ^ Please call to schedule a meetingwith Review before Resubmitting

None

(1) Stand-alone Building Permits are required on the Primary Structure, signs, walls,fences, dumpster corrals, street lighting, irrigation systems, lift stations and anyother accessory structures.

(2) Setbacks to all property lines from all structures are required on all site plans.(3) Parking Lot Calculations required on site plans.(4) "Impact Fees are based on Land Use Type. They are calculated based on the City

Impact Fee Ordinance in effect when your Building Application is submitted to theBuilding Department. They are due prior to the issuance of the TemporaryCertificate of Occupancy, the Certificate of Completion for a shell building, or thePermanent Certificate of Occupancy." If you need more information about impactFees please contact the Building Department at 941-429-7044. Thank You.

(5) Project may require additional permits from the Department of EnvironmentalProtection (DEP) and South Florida Water Management District (SWFMD).


F MAL NOMITTAL 68MM €M~a 4i4A' Hi g i 4iEdi k WiW

1. T891 1 BO: Februa 13, 2014

2. KEE 8 R ENBEB ARM:

® Meets Requirements with Conditions

II:~VI!'!!:1~:i3!I!I~~y9!it!!l:7!I!1:~~-}Yyil°J~!I~IS~~r,r~l\I~

None

ME OBIRM.None

FIBN

1. Engineered Fire Sprinkler drawings, hydraulic calculations and productinformation sheets are required for review and approval with a Building Permitapplication. The fire sprinkler system shall be installed by a Florida licensed firesprinkler contractor.

2. A complete fire alarm system, with fire sprinkler monitoring, manual pull stationsand ADA compliant audio-visual devices is required. This system shall beelectronically monitored 24 hours a day by a UL listed central station.


€MAL H§MITfAL E®MM€bf§

1. T891 ~ Bill: February 19, 20142. RED MEMBEB ARM:

^ Meets Requirements ^ Meets Requirements with Conditions


® No Objection ^ Please call to schedule a meeting withReview before Resubmitting

-iS`NI'R`J~1`Zvi-~vÌ\\T1`1~~17rÌ~1-~'1'~~\..

No comments


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1. f8910 Bits: February 20, 2014

2. NFEB MEMBEBARM:® Meets Requirements ^ Meets Requirements with Conditions


^ No Objection ~ 018916 E2 1118 tEhEgul8 as M88TIR witoFtLv is w

The following comments relate to later MAS submittal:1. Please address all comments previously provided in the pre-application

notes dated June 27, 2013.

2. Please note that the City has plans to replace the collapsed storm pipelocated near the southern boundary of the project site. The City may beasking the property owner for a drainage easement for this pipereplacement.

3. Also a water line is proposed across the alignment of the collapsed pipe. In

order to coordinate the construction work, please indicate the proposedschedule for installation of this water main.

4. Please schedule a meeting with the Stormwater manager to discuss theabove items prior to a Major Site and Development application submittal.

5. A mandatory pre-construction meeting shall be held just prior to the start of anyconstruction. The applicant will be responsible for coordinating the meeting withthe Stormwater Manager who can be contacted at 941-240-8321 or by e-mail

The Stormwater Manager will be responsible forcoordinating the meeting with City representatives. This meeting will be held onsite or another location within the City limits. The applicant will submit at thepreconstruction meeting:

• Names and phone numbers and emergency phone numbers for personnel involved(i.e. owner, developer, project manager, contractor(s) and consultant).

• For all construction sites larger than 1 acre, provide a copy of the NPDES

Stormwater Pollution Prevention Plan (SWPPP) and copy of the response letter from

the Department of Environmental Protection that they have received the Notice ofIntent.

• Proof of the contractor training on best management practices such as the Florida

mc


Department of Environmental Protection (FDEP) Erosion Sedimentation and Erosion

Control certificate if available.• if required, provide a copy of the SWFWMD ERP permit and a copy of the final

SWFWMD approved stamped set of plans.• A Southwest Florida Water Management District (SWFWMD) "Notice of

Authorization to Commence Work" should be conspicuously displayed at the projectsite.

• Best management practices training will be provided at the pre-construction meetingby the City to the selected contractor.


OF MAL HNFAL 68MM €af§a ql~iki Uil p hilig j kg~Ww C~ p

,2, kW9eN1&; 864! WA 0ii iia--98 i

1. T891 ~ BO: Februa 18, 20142.10~e MEMBEB ARM:

^ Meets Requirements ^ Meets Requirements with Conditions


® No Objection

~ngllwnq

Imliging U V

Please call to schedule a meeting with Review

1. Please call to set up a meeting with the Utility Dept. the proposed water serviceand fire line design will not be accepted by the Utility Dept.


F MAL HIMITTAL 68MM €NT€

1. f8giA Bim February 18, 2014

2. I IENIVIEaBEB ARM:

^ Meets Requirements ® Meets Requirements with Conditions


^ No Objection ^ Please call to schedule a meeting withReview before Resubmitting

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PROJECT DESCRIPTION: NEW HOPE COMMUNITY CHURCH MODULAR UNITS

R A EP~INIOII R[00 1710 M@Nf§

WiR g gigki: I if Wil4Rigki kgvl w

1. i A BM: Janua 30, 20142. KEE8 MENBEB A MN:

® Meets Requirements ^ Meets Requirements with Conditions


^ No Objection ^ Please call to schedule a meeting withReview before Resubmitting

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The data in the CAD drawings must have coordinates in at least 4 corners of the petitionarea. The Coordinate system must be: A Projected Coordinate System, State Plane,NAD 1983 StatePlane Florida West FIPS 0902 (US Feet).


SOUTH BISCAYNE DRIVE

PHASE 1 PROJECT AREA

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NO REIASIONS DATE

Documents

Katy of North Mort