CITY OF NORTH LAUDERDALE

COMMUNITY DEVELOPMENT DEPARTMENT

TO: Mayor and City Commission

THROUGH: Richard D. Sala, City Manager

BY: Tammy Reed-Holguin, Community Development Director

DATE: March 17, 2009

SUBJECT: SEU 08-06 Organizacion Cristiana Amor Viviente Inc.

6043 Kimberly Blvd. Suite G and H

6045 Kimberly Blvd. Suite A and B

(Jefferson Square)

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

APPLICANT: Organizacion Cristiana Amor Vivienete

Gabriel Callejas, Pastor.

Organizacion Cristiana Amor Vivienete 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 at 6043 Kimberly Blvd., Suite G and H and 6045 Kimberly Blvd, Suite A and B. The applicant indicated in their letter of intent that the request is to add Suite G and H to the existing church located in Suite I, J and K at 6043 Kimberly Blvd. Each Suite is 1,000 feet and one would be used as part of the sanctuary and the other for classroom purposes. The applicant also plans to use Suite A and B the other 1,000 square feet at 6045 Kimberly Blvd for offices purposes; the hours of Worship for the sanctuary and classroom are Monday through Saturday from 8:00 P.M. to 10:00 P.M. and on Sundays from 11:00 A.M. to 1:00 P.M. Please see the attached letter of intent for details. The congregation is approximately 225 parishioners, 175 adults and 50 children. 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 Jefferson Square is 55,767 square feet and the amount that could be used for Community Facility reasons is 11, 153 square feet. The applicant is requesting the SEU for 3,000 square feet. This would bring the Community Facility use to 11,000 square feet or 19.72% 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 applicant is proposing to meet from 11:00 A.M. to 1:00 P.M. on Sundays, and from 8:00 P.M. to 10:00 P.M. on Monday through Saturdays. Based on the information provided by the applicant, the 1,000 square feet of space will be used for assembly purposes only, 1,000 square feet for classroom and 1,000 square feet for office use. The parking requirement for this use of assembly according to the Code is 35 spaces, along with 5 parking spaces for the classroom area and 4 parking spaces for the office. The plaza currently has 190 parking spaces. However, according to Pastor Gabriel Callejas the church will generally use about 35 parking spaces at any given time because the parishioners travel together, therefore reducing the number of parking space needed. While most of the businesses in the plaza at the time of operation are closed, therefore reducing the parking requirements, it should ne noted that there are two other churches that would be operating with similar hours.

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 March 3, 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

Administration recommends approval of the proposed SEU permit 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 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”.