REFERRAL TO THE LAND USE AND SUSTAINABILITY COMMITTEE (LUSC) - DISCUSSION OF POTENTIAL AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE (LDR’S) AND THE CITY COMPREHENSIVE PLAN REGARDING ALLOWABLE USES AND DEVELOPMENT REGULATIONS WITHIN THE 40TH STREET RESIDENTIAL SINGLE FAMILY OVERLAY ONLY APPLICABLE TO RELIGIOUS INSTITUTIONS.

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? Yes

If so, specify name of lobbyist(s) and principal(s): Rabbi Shlomo Stilerman

The 40^th Street overlay, which was established in 2010, applies to religious institutions in the Residential Single Family (RS) district that are located on the south side of 40th Street between Chase Avenue to the west and Pine Tree Drive to the east. The overlay allows pedestrian-friendly religious institutional uses, through the conditional use permit process, at eligible properties. The intent of the overlay has been to serve the surrounding residential uses and any future expansion of the district is only permitted by amending the overlay regulations.

An owner of single family properties within the overlay boundaries, which are currently used as a religious institution, has proposed an expansion of the overlay regulations to accommodate increasing demand, as well as add additional types of related uses, only applicable to religious institutions within the overlay boundaries.

The property owner has requested the opportunity to present its proposal at LUSC. Based upon the recommendations of the LUSC, a referral to the Planning Board for amendments to the LDR’s and the Comprehensive Plan may be considered by the full City Commission at a future date.