Summary/Highlights:
This item is an appeal by the appellant, Flagler County Family Assistance Center, Inc. of a decision made by the Planning, Zoning and Appeals (PZA) Board at its May 31, 2019 meeting at which time the PZA Board voted to deny the Special Exception request to operate a Cold Weather Homeless Shelter at 205 N. Pine Street. Thus, Flagler County Family Assistance Center, Inc. is seeking a reverse of the denial decision from the PZA Board.
The written notice of appeal was turned into the City Clerk's office on Thursday, June 27, 2019.
From the Land Development Code:
Sec. 2-86. - Appeals from decision.
Any person aggrieved by any decision of the planning, zoning and appeals board made pursuant to the provisions of this article may appeal the decision to the city commission by filing a written request for such an appeal with the city clerk. The request must specify the decision appealed and be filed within 30 days of the decision. The city commission may after a public hearing reverse, modify or affirm the decision on appeal.
Background:
On May 17, 2019, the City received an application from the First United Methodist Church of Bunnell to request to operate a cold weather homeless shelter at 205 N. Pine Street.
In accordance with the City of Bunnell, Land Development Code, Sec. 2-87 - Hearing notification requirements, an advertisement regarding the agenda item was run in the Tuesday, May 21, 2019 edition of the News Journal and all City of Bunnell property owners within 300 feet of the property as identified by the Flagler County Property Appraiser's Office website were mailed hearing notification letters.
The property located at 205 N. Pine Street, where First United Methodist Church of Bunnell and Flagler County Family Assistance Center, Inc., a.k.a. The Sheltering Tree operates and carries a City of Bunnell Future Land Use designation of R-1, Single-Family residential district.
From the City of Bunnell, Land Development Code:
Sec. 34-111. - R-1 Single-family residential district.
(a) Purpose and intent. The purpose of this district is to provide for single-family residential areas of low density. This district is intended to encourage low density development where high density development would be detrimental to the community and to discourage activities not compatible with single-family residential development. This district is compatible with the single-family low density land use category, and is intended to encourage healthy and vibrant residential neighborhoods.
(b) Permitted principal and accessory uses and structures. Within the R-1 Single-family residential district, no building, structure or land shall be used except for one or more of the following uses:
(1) Single-family dwellings, including modular homes, and any customary single-family accessory buildings;
(2) Public library, post office, and other government recreation or public and institutional uses provided they do not conflict with state law;
(3) Parks, swimming pools, playgrounds and conservation areas;
(4) Home daycare facilities in accordance with state law and schools excluding institutions of higher learning;
(5) Special care housing with a maximum of six residents.
(c) Permitted special exception. Permitted special exceptions in the R-1 district shall be as follows:
(1) Churches and related activities pursuant to article V, division 3 of this Code;
(2) Golf courses and related club house facilities;
(3) Daycare centers;
(4) Other uses not listed above that may be compatible with and compliment the permitted uses of the district as approved by the planning, zoning, and appeals board.
At its May 31, 2019 meeting, the Planning, Zoning and Appeals (PZA) Board denied Public Hearing Case, PZA#2019-21 Special Exception request to operate a cold weather homeless shelter at 205 N. Pine Street.
After notice of this item was provided, several citizens and businesses expressed concerns about this location being used as a homeless shelter. Those in and around the church have had on-going difficulty with people who use the church as a residence and get services from the church in a R-1 zoning. There has been little to no effort by the church or groups using the church for business/services to lessen the impact of their clients or their own use of the property on the neighborhood.
The City has the following additional concerns:
1) No new substantial evidence(s) received from the Church or appellant, Flagler County Family Assistance Center, Inc. toward this case.
2) No evidence of a lease, tenant agreement, memorandum of understanding agreement or contract from 2009 to date between the Church and Flagler County Family Assistance Center, Inc. for the use of the property as a homeless shelter or over night stay.
3) Flagler County Family Assistance Center, Inc. hasn't registered with the City of Bunnell as a business and received its Business Tax Receipt (BTR) to do business in Bunnell.
4) To date we have not received any information on the facility that they are meeting the National Safety Code for overnight stays.
5) The property owned by the First United Methodist Church of Bunnell is zoned R-1, Residential Single-Family district and doesn't allow for commercial use.
Notification of Appeals were hand carried to the Flagler County Family Assistance Center, Inc., a.k.a. The Sheltering Tree and First United Methodist Church of Bunnell at 205 N. Pine Street on Friday, June 28, 2019, the facility was closed and both notices were placed in the mail.
Notification of Appeals are not required to notice the adjacent property owners. Due to a short turnaround time in adding this appeal case to the Commission agenda for July 8, 2019, the City has reached out to notify citizens whom have expressed an interest in this case.
Staff Recommendation:
This is a quasi-judicial matter that has been appealed to the City Commission for a decision.
Staff recommends the decision from the May 31, 2019 Planning, Zoning and Appeals (PZA) Board meeting be affirmed and upheld by the City Commission. Thus, denying the Special Exception request to operate a Cold Weather Homeless Shelter at 205 N. Pine Street by First United Methodist Church of Bunnell and the Flagler County Family Assistance Center, Inc. a.k.a. The Sheltering Tree.
City Attorney Review:
Reviewed and approved.
Finance Department Review/Recommendation: