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:            December 11, 2007

 

SUBJECT:     SEU 07-06 - New Divine Apostolic Ministry of Ft. Lauderdale

8054 W. McNab Road (Shoppes of McNab)

 

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

 

APPLICANT:New Divine Apostolic Ministry of Ft. Lauderdale, Inc

 

New Divine Apostolic Ministry of Ft. Lauderdale has applied for 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 B-2 Zoning District.  The applicant has submitted an application to obtain a SEU to operate the proposed use.

 

The applicant is proposing to operate a church in Shoppes of McNab located at 8054 W. McNab Road, on the corner of McNab and S.W. 81 Avenue.  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 Shoppes of McNab is 108,415 and the space to be occupied by the church is 3,059. In this instance, the church would occupy less than .02% of the total center.  The space to be occupied by the church was previously used by another church that had a special exception use permit to operate, therefore, there is no change or additional impact on the shopping center.  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 a 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.

 

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

 

Traffic/ Parking Analysis

 

The applicant has provided a site plan, showing the required spaces for each business within the center. Based on this information the shopping center has enough parking to accommodate the church and since the applicant is taking over the space of a previous church, the impact would be neutral.  In addition, the majority of businesses in this center are closed during the hours when church services will take place. The center therefore appears to be able to accommodate any anticipated effect on traffic generation, parking demand and road capacities caused by this use.

 

The Planning and Zoning Board met on December 4, 2007 and after a 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:

 

Staff would like to request that the City Commission make a motion to approve the proposed SEU permit to operate a church 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. Acknowledgement that other uses may be permitted in close proximity that may be objectionable to the church.
  4. In the event that outside parking 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.
  5. 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”.