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Special Use Permit – Power of Faith Ministries <br />Planning Commission Report; 11-20-18 <br /> <br /> <br />Page 6 <br />Criteria Review: <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />Zoning Code Section 8-130 contains five standards the City must review prior to making <br />a decision on any specially permitted use. The applicant’s response to each criteria can <br />be found in their narrative above, and staff analysis of each standard is shown below: <br />1. That the establishment, maintenance, or operations of the special use will not be <br />detrimental to or endanger the public health, safety, morals, comfort or general <br />welfare. <br />STAFF COMMENTS: The property is designed for multiple uses, and no part of <br />the proposed business should be detrimental to the public health, safety, morals, <br />comfort or general welfare of the community. Because of the late evening and <br />Sunday hours of operation, it is likely that the new church will go largely unnoticed <br />by surrounding property owners. Criteria met. <br />2. That the special use will not be injurious to the use and enjoyment of other <br />property in the immediate vicinity for the purposes already permitted, nor <br />substantially diminish and impair property values within the neighborhood. <br />STAFF COMMENTS: Staff finds this criterion can be met with conditions. <br />While we acknowledge the Power of Faith ministry intends to operate during non- <br />business hours for the other tenants, that does not mean the other tenants do not have <br />the right to their places of business during those timeframes. Assuming there may <br />be occasions when existing tenants wish to utilize their offices during a Power of <br />Faith service or prayer session, it is possible that either noise (singing) or parking <br />could potentially be an issue. Staff would suggest that building management take <br />the leading role in ensuring neither are a problem for existing tenants, but the City <br />must also play a role via the SUP to protect existing tenants and surrounding <br />properties from potential problems. To that end, staff would suggest the following <br />two conditions be added to any approval: <br />a) The applicant or building owner shall provide evidence of a formal parking <br />agreement in place between the tenants authorizing the church to utilize at least <br />23 of the building’s 54 parking spaced during service hours. <br /> (up to 70 members / 3 seats per parking space = 23 parking spaces needed) <br />*NOTE: Based on square footage, each floor of the building is required to have <br />18 parking spaces for their respective businesses & organizations. The <br />suggested shared parking arrangement would need to acknowledge the church <br />could use at least 5 additional spaces over and above the 18 spaces currently <br />available for the building’s lowest level. <br />b) The applicant or building owner shall successfully address any complaints <br />regarding noise made by a tenant who was actively renting space at the time of <br />SUP issuance, or complaints made by surrounding property owners. <br />(staff is proposing to exclude future tenants as future tenants will be able to take <br />into consideration that a church will be operating at certain points during the