CITY OF NORTH LAUDERDALE

COMMUNITY DEVELOPMENT DEPARTMENT

 

TO:                 Mayor and City Commission

 

FROM:           Ambreen Bhatty, Interim City Manager

 

BY:                 Tammy L. Reed-Holguin, Community Development Director

 

DATE:           September 24, 2009

 

SUBJECT:    SEU 09-02   Sanctified Church of God

5460 N State Road 7, Suite 124-127 (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:           Pastor Henock Chery

 

Pastor Henock Chery, on behalf of Sanctified Church of God, 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 located at 5460 N. State Road 7, suites 124-127. The hours of operation are Wednesday 7:00 P.M. to 10:00 P.M. Friday 9:00 P.M. to 12:00 A.M. and on Sundays from 9:00 A.M. to 12:30 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 (20% of the total square feet). There is an existing church occupying 8.16% community facility use. The applicant is requesting the SEU for 3,000 square feet. This would bring the Community Facility use to 13.51% 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 9:00 A.M. to 12:30 P.M. and 7:30 P.M. to 9:30 P.M. on Sundays, and from 7:00 P.M. to 10:00 P.M. on Wednesdays and on Fridays from 9:00 P.M. to 12:00 A.M.  Based on the information provided by the applicant, 1,280 square feet of space will be used for assembly purposes only, the other 1720 square feet for office and other purposes. The parking requirement for the use of assembly according to the Code is 36 spaces. The plaza currently has 169 parking spaces. However, there is another church with similar hours of operation that requires 35 parking spaces.  Pastor Henock Chery advises that many of his members travel together, therefore reducing the number of parking space needed. It should be noted also, that most of the businesses in the plaza at the time of operation are closed, therefore increasing the available parking spaces.

 

The Planning and Zoning Board met on September 1, 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

Staff would like to request Commission’s consideration and 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 subject to the conditions outlined in staff’s memorandum.”