CITY OF NORTH LAUDERDALE

COMMUNITY DEVELOPMENT DEPARTMENT

 

TO:                 Mayor and City Commission

 

FROM:           Richard D. Sala, City Manager

 

BY:                  Tammy Reed-Holguin, Community Development Director

 

DATE:            April 28, 2009

 

SUBJECT:     SEU 09-01 Redeeming Lighthouse of God Ministry

5460 North State Road 7 (Plaza Central)

Special Exception Use request to permit a church, which is a Community Facility (CF) use, in a Community Business (B-2) Zoning District.

 

APPLICANT:             Women on a Mission Outreach Ministry

Dr. Gillian Bishop

 

The Women on a Mission Outreach Ministry has requested a Special Exception Use Permit to operate a community church in a B-2 zoning district.  In accordance with Section 106-468, of the Master Business List, a church requires a special exception use permit when located in a Business District. 

 

The applicant is proposing to operate this church in Plaza Central at 5460 N. State Road 7 in Suite 224-228 on the second floor.  The applicant indicated in their letter of intent that they are more than just a worship center, they are an outreach ministry. The hours of operation are Tuesdays, Wednesdays, Fridays and Saturdays from 6:00 P.M. to 9:30 P.M. and on Sundays from 9:30 A.M. to 2:00 P.M AND 7:30 P.M. TO 9:30 P.M.  Please see the attached letter of intent for details. The specific extent of the anticipated use is explained in Attachment A, and made a part of this report.

 

Background

As you may recall, the City Commission approved modifications to the regulations for Community Facility (CF) uses in non-CF zoning districts.  These modifications set forth specific requirements for such uses.  One of the primary requirements for any CF use in a non- CF zoning district is that such uses may not exceed 20% of the total commercial area. 

 

The total square footage of Plaza Central is 49,950 square feet and the amount that could be used for Community Facility reasons is 9,190 square feet. The applicant is requesting the SEU for 3,750 square feet. This would bring the Community Facility use to 8.16% of the plaza.

 

The proposed use does not create any additional impact upon the capacity of utilities, or public services, and conforms with the goals, objectives, policies and land uses established by the City’s code of ordinances. 

 

Economic Analysis

Properties owned by non-profit organizations, such as churches, are exempt from paying property taxes.  However in this instance, the church does not own the property and will be operating through a lease.  The owner of the center, being a non-tax exempt entity, would be required to pay all applicable property taxes and assessment fees.

 

The church being a non-profit organization would be exempt from paying for a Local Business Tax Receipt.  However, the church would be required to pay all applicable processing and permitting fees.

 

It should be noted that the limited hours and number of visitors of CF-use tenants tend to provide fewer potential customers on a less frequent basis to the other retail establishments in the shopping center and the surrounding area than a commercial use may generate.  They also typically generate fewer job opportunities.

 

Traffic/ Parking Analysis

The plaza currently has 169 parking spaces and the church would be required to have 51 parking spaces available. The applicant contends that since its mission is outreach and much of the population does not have access to a personal vehicle, the need for parking is very limited.  However; staff expressed concern that the plaza’s limited parking spaces may not be able to accommodate any anticipated effect on traffic generation, parking demand and road capacities caused by the food bank portion of the services and requested further discussion at the Planning & Zoning Board meeting. 

 

The Planning and Zoning Board met on April 7, 2009.  Staff initiated further discussion and consideration regarding the food bank portion of the organization.  There was concern that if the demand for this type of service grows, it could impact the parking facilities and other business owners in the plaza.  After hearing from the applicant, the Planning and Zoning Board proposed a condition that will limit the days, hours and number of participants in the food bank to those which the facility can adequately accommodate.  They also recommended a condition that should the demand for this type of service increase beyond what is specified in the final SEU Order, the applicant will be required to return to the staff, Planning & Zoning Board and City Commission with a request for reconsideration.  After public hearing and review by the Board and Staff, the Planning & Zoning Board adopted a motion to recommend approval of the proposed Special Exception Use Permit to the City Commission with the added conditions numbered 3 and 4 below, all of which the applicant has agreed to.

 

 

RECOMMENDATION

City Administration recommends approval of the proposed SEU permit to the City Commission subject to the following conditions:

 

  1. That the applicant complies with all applicable codes of the City regarding the development and operation of a church and any ancillary approved uses.
  2. That all terms, conditions, and provisions imposed by the City Commission, Planning and Zoning Board, and staff, including all life, health, and safety Codes pertaining to this facility are met prior to commencing, and during operation.
  3. The applicant understands that there can be no boarding, cooking and distribution of medication at the facility.
  4. The applicant adheres to the day, hours and the number of participants allowed to participate in the food bank program to Tuesdays from 5:00 P.M. to 7:30 P.M. with a maximum of 60 recipients. Furthermore, should the applicant require any changes in the future, they would be required to amend the SEU.
  5. The applicant is aware that any proposed changes to the floor plan, use of space or service hours that would impact the parking needs must come to the City for prior consideration and approval.
  6. Acknowledgement that other uses may be permitted in close proximity that may be objectionable to the church.
  7. In the event that any problems arise as a result of the operation of this establishment, such as noise, parking, traffic and/or other nuisances, the applicant makes all improvements required to mitigate these nuisances so as not to negatively impact adjacent commercial and residential area.
  8. Applicant shall obtain proper approvals such as a Certificate of Occupancy if necessary and a Local Business Tax receipt from the City.

 

If the Commission concurs with this request, the following motion is in order:

 

“Motion to approve the proposed Special Exception Use permit to operate a church in a Community Business (B-2) Zoning District subject to the conditions outlined in  staff’s memorandum.”