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:                        January 27, 2009

 

SUBJECT:                 SEU 08-05 - Iglesia Pentecostal Unida Latino Americana

6043 Kimberly Blvd.  Suite# A and B

(Jefferson Square)

 

Special Exception Use (SEU) permit to operate a church in a Community Business (B-2) Zoning District.

 

APPLICANT:             Iglesia Pentecostal Unida Latino Americana

 

 

Iglesia Pentecostal Unida Latino Americana 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 Jefferson Square, 6043 Kimberly Blvd., Suite # A and B.  The applicant indicated in their letter of intent that the premises will be rented for the purpose of hosting Worship Services on Tuesday, Thursday and Saturdays from 7:30 P.M. to 9:30 P.M. and on Sundays from 10:30 A.M. to 1:30 P.M. and 6:30 P.M. to 8:30 P.M. Please see the attached letter of intent for details. The congregation is approximately 40 parishioners, 30 adults and 10 children. The specific extent of the anticipated use is explained in Attachment A, and made a part of this report.

 

As you may recall, the City Commission approved modifications to the regulations for Community Facility (CF) uses (including churches) 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 the Jefferson Square Plaza 55,767 and the space to be occupied by the church is 2,000. In this instance, the church would occupy 3% of the total center. Therefore, if the Special Exception request is approved it would bring the total space to be occupied by Community Facilities within Jefferson Square Plaza to 14.35%. Other requirements relate to economic, and traffic/ parking impacts, which are addressed as part of this report.

 

Staff has reviewed the proposed request in light of the guidelines and criteria contained in Section 106-158 & 106-159 of the City Code, and determined that a church is a compatible use at this location.  This center appears to be able to accommodate any anticipated effect on access, traffic generation and road capacities caused by the use for which the special exception permit is being requested.  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 local business tax receipt.  However, the church would be required to pay all applicable processing and permitting fees and obtain a local business tax receipt.

 

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 applicant is proposing to meet from 10:30 A.M. to 1:30 P.M. and 6:30 P.M. to 8:30 P.M. on Sundays, and from 7:30 P.M. to 9:30 P.M. on Tuesdays, Thursdays and Saturdays. Based on the information provided by the applicant, the 2,000 square feet of space will be used for assembly purposes only.  The parking requirement for this use according to the Code is 57 spaces; the plaza currently has 190 parking spaces. However, according to Pastor Elias Garcia the proposed church will only need 20-25 parking spaces on any given time because only 50 parishioners of the church are adults.

 

While the plaza is currently occupied by businesses that require minimal parking, the efforts of management to maximize the 20% community facility use will significantly reduce the parking for other business opportunities that require a lot of parking for example restaurants.  Therefore, staff has outlined some recommendations to address parking issues if and when the need arise.

 

The Planning and Zoning Board met on January 6, 2009, and after public hearing and review by the Board and Staff, adopted a motion to recommend approval of the proposed Special Exception Use Permit to the City Commission.

 

 

RECOMMENDATION:

 

The City Administration recommends that the Commission make a motion to approve the applicant’s request for a Special Exception Use Permit to operate a church in a Community Business (B-2) Zoning District 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 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.
  4. Acknowledgement that other uses may be permitted in close proximity that may be objectionable to the church.
  5. 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.
  6. Applicant shall obtain proper approvals such as Certificate of Occupancy and 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”.