CITY OF HALLANDALE BEACH, FLORIDA
MEMORANDUM
DATE: August 1, 2007
TO: D. Mike Good, City Manager
FROM: Richard D. Cannone, Development Services Director
SUBJECT: Application #59-07-P (Amended)
Hollywood Florida Congregation of Jehovah’s Witness
(Lot 5, Wertheimer Plat)
PURPOSE
Hollywood Florida Congregation of Jehovah’s Witness is requesting City Commission approval to amend the plat note for the Wertheimer Plat to allow for development of a house of worship on Lot 5 of the Plat. The property is located at 121 SW 10 Avenue.
BACKGROUND
The Wertheimer Plat was originally approved by the City Commission on January 15, 1983. The current plat note restricts Lot 5 to 26 garden apartments. On October 7, 2003 the City Commission approved a request by McDonald’s Corporation for a Plat Note Amendment for Lot 3 of the Wertheimer Plat in order to redevelop the present restaurant.
DISCUSSION
The applicant has filed a Delegation Request with Broward County to revise the current plat note for Lot 5 which restricts the present use to 26 garden apartments. The applicant proposes to amend the plat note to allow a 21,000 square feet house of worship and two (2) accessory apartment units on Lot 5. In addition, Broward County Development Services Department which processes plats has requested the notation on the face of the Wertheimer Plat be amended to be consistent with present developments including Lots 1,2, and 4. The request does not include Lot 3 as the note for this lot was previously amended as discussed above. The proposed plat note amendment requires City Commission approval as well as County Commission approval.
Broward County staff has advised affected parties (property owners and mortgagee of Lots 1,2, and 4) are not required to execute the note amendment provided they are noticed at time of recordation. However, staff has requested and the applicant has agreed to notify said owners and mortgages of the public hearing before the Commission hears this item. Accordingly, such notices have been mailed by certified mail by the applicant to affected parties.
ANALYSIS
On August 15, 2006, the City Commission approved Application #26-05-DB for Major Development Review approval by Kingdom Hall of Jehovah’s Witness to build a 7,201 square foot church with two accessory apartments units for clergy on the subject property. The plat note must be amended to allow a house of worship on Lot 5 instead of the current approval for garden apartments. In addition, County Staff has requested the plat be further amended to reflect the existing developments on Lots 1, 2, and 4.The current uses within the Wertheimer Plat are as follows:
Lot 1 Kentucky Fried Chicken Restaurant
Lot 2 Dunkin Donuts
Lot 3 McDonald’s Restaurant
Lot 4 Auto Care Center
Lot 5 Vacant lot owned by Jehovah’s Witness
The Current Plat Note on the Wertheimer Plat is as follows:
This plat is restricted to 26 garden apartments, 14,000 square feet of sit-down restaurants, 4,000 square feet of fast foot restaurant, 15,000 square feet of general commercial and 4,882 square feet of commercial (unrestricted) on Lot 3. Restaurants are not permitted in the general commercial. Bank uses are not permitted without the approval of the Board of County commissioners who shall review and address these uses for increased impacts.
The Plat Note is proposed to be amended as follows:
This plat is
restricted to 26 garden apartments a 7,201 square foot house of
worship and two accessory apartment units on Lot 5, 14,000 square feet
of sit down restaurants, 4000 square feet of fast food restaurant, 15,
33,000 square feet of general commercial, and 4,882 square feet of
commercial (unrestricted) on Lot 3. Restaurants are not permitted in
general commercial. Bank uses are not permitted without the approval of
the Board of County Commissioners who shall review and address these
uses for increased impacts.
The applicant states there are no immediate plans to enlarge the church at this time over the 7201 square foot approved under Application #26-05-DB. However, he has requested the plat note amendment reflect 21,000 square feet of house of worship and two accessory apartment units on Lot 5. The applicant states the increase in floor area notation is to vest the number of vehicular trips presently allowed on the property by the current note of 26 garden apartment units. Any increase in floor area in the future over the approved square footage would require a new Major Development application and City approval. However, the plat note as proposed, would allow expansion of the house of worship up to 21,000 square feet in building area without City review of any issues related to the plat.
CONCLUSIONS AND RECOMMENDATIONS
As stated previously, the amendment is required by Broward County as a result of the proposed change in use from the present plat note allowing 26 garden apartments to a house of worship on Lot 5. Broward County reviewing agencies have recommended the plat note be further amended to eliminate building area discrepancies for Lots 1,2, and 4 of the plat. The plat note amendment, as proposed by the applicant would allow expansion of the church up to 21,000 square feet without City consideration of any plat issues which may arise at the time of expansion.
In staff’s opinion, the plat note should reflect the 7201 building square footage approved by the City Commission. Although a new Major Development application would also be required for any expansion, it would be more appropriate to review all development impacts, including plat issues, at the time of any requested expansion. As a result, staff recommends approval of the amended plat subject to the square footage of the house of worship be limited to the 7201 square feet approved by Commission as proposed on the
attached Resolution.
Prepared by:
_________________________________________
Christy Dominguez, Director of Planning and Zoning
Reviewed:
______________________________ _________________
D. Mike Good, City Manager Date
____ Approved _____ Denied _____ Hold for Discussion
COMMENTS:
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