Resolution Zoning 12-Z-131 - Laserfiche WebLink

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Created:8/28/12 CH Revised:8/29/2012 ADD Revised:8/31/2012 HO Revised:9/5/2012 CH/AAD Revised:9/11/2012 CH/ADD Revised:9/12/2012 HO Traffic Impact Study: The traffic and parking statement by Kimley-Horn and Associates, Inc. dated August 30, 2012 specifies the proposed uses as, a worship space, a pre-school, a social hall, and a private restaurant will not be in use at the same time, therefore, the highest demand use will be the worship requiring 98 parking spaces. The statement also notes that the proposed project will be serving a congregation which does not permit driving in the day of the Sabbath. The proposed site will accommodate 22 parking spaces, leaving 76 parking spaces to be accounted for in an off-site parking location. VI. FINAL ANALYSIS Based on the above review, the application is generally consistent with the City's Comprehensive Plan and the City's Land Development Regulations. Staff finds the parking variance may be justified due to the nature of the uses with the project provided that the Applicant enters into an off-site parking agreement with the City for use of public parking spaces. However, staff considers that the bay-walk easement area should be clear of any physical impediments. Besides, City Staff has no objection to the Applicant's requests. Pursuant to Section 265-15 Variances. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: (1) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; Applicant: The use of the proposed project as a place of worship for the Orthodox Jewish congregation is unique because followers of the Orthodox Jewish faith typically do not drive themselves to religious services on the Sabbath due to prescriptions of Jewish law. This result in a parking "demand" for Orthodox Jewish facilities that is much lower that a non-Jewish religious facility. The Rabbi of the congregation estimates that only approximately 40% of the congregation drives themselves to worship services in the Sabbath. The use of the proposed project is unique and is not applicable to other structures in the same zoning district. Further, the property is located at the far western end of Bella Vista Island, relatively isolated from the rest of the City, and the property is very small — 0.4 acres of dry uplands — therefore the ability to provide parking on-site is limited. (2) The special conditions and circumstances do not result from the actions of the petitioner; 6 U:\PLANNING&ZONING2008\ZONING HEARING-APPLICATIONS\2012 APPLICATION\Z2012-13 SIB JEWISH COMMUNITY CENTER