Title
RESOLUTION NO. 26R-02-50: A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA GRANTING HBS COMPANY LLC FOR INFINITY HEALTH COMMUNITY CLINIC A SPECIAL EXCEPTION USE DEVELOPMENT ORDER TO ALLOW IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT AN OFFICE, MEDICAL (WITH CONTROLLED SUBSTANCE PRACTITIONER) ON A 2 ± ACRE SITE LEGALLY LOCATED AT 2331 N. STATE ROAD 7, LAUDERHILL FLORIDA, AND MORE SPECIFICALLY DESCRIBED HEREIN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
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Request Action:
Seeking consideration for the approval of a special exception to allow a development order, with conditions, to allow in the General Commercial (CG) zoning district an Office, Medical (With Controlled Substance Practitioner) located at 2331 N. State Road 7, Suite 121.
Need Summary Explanation/ Background:
A medical office (with a controlled substance practitioner) is a special exception use within this zoning district, which required City Commission approval.
The proposed medical office is located within a 757 sq. ft. unit within a two-story multi-tenant office. The site is located along N. State Road 7 and 24th St.
The Applicant (Dr. Thamar Maurice, owner of Infinity Health Community Clinic) is requesting special exception approval to allow a medical office with providers authorized to prescribe controlled substances at the subject property (2331 N. State Road 7, Suite 121, Lauderhill, FL). If approved by the City Commission, the proposed tenant will commence operation.
The Planning and Zoning Division recommends the City Commission approve this "Medical Office with Controlled Substance Providers" subject to the following conditions:
1. This Special Exception Use Development Order allows for no controlled substance prescriptions to anyone other than a patient in connection with a medical procedure performed or to be performed.
2. The Office, Medical, with Controlled Substance Provider use is restricted to a total of 757 square feet as indicated in the lease agreement. The expansion, alteration, enlargement or removal to another location of this use is prohibited and shall be unlawful unless the City Commission amends this development order to allow such expansion, alteration, enlargement or removal to another location. Notwithstanding the above, through the site plan modification process, the City Commission delegates to the Development Review Committee (DRC) the authority to allow the floor plan to be altered; however, the DRC is without authority to allow the expansion, enlargement, reduction or removal of the use to another location.
3. This Special Exception Use Development Order for “Office, Medical with Controlled Substance Provider” shall be specifically granted to the property owner: HBS Company LLC. Pursuant to 1.3.11. Transfer of Development Orders or Approvals, should the property be sold, transferred or otherwise re-assigned the new owner shall notify the Development Services Department of the City updated contact information within five (5) days of change of ownership.
4. Any special exception approval granted by the City Commission shall expire one hundred eighty (180) days after the date of approval, unless a development permit or certificate of use application is applied for within the one hundred eighty-day period. This special exception use development order shall automatically expire and become null and void if the necessary applications are not filed timely. All practitioners, employees, agents and independent contractors are subject to and covered by the express terms and conditions of the Special Exception Use Development Order.
5. The general days and hours of operation are Mondays through Fridays 9:00 a.m. to 5:00 p.m. and Saturday 8:30 a.m. to 3:00 p.m. Any increase in either the days or hours of operation or both is prohibited and shall be unlawful unless the City Commission amends this development order to allow such increase.
6. The applicant shall be required to comply with, and operate in accordance with, all standards and requirements by the State of Florida, the Florida Board of Medicine, the Florida Board of Nursing and the City when operating a Medical Office with Controlled Substance Practitioner.
7. Any violation of these conditions of approval, or if there are any Code Enforcement violations or liens against the property owner, this special exception use development order may be brought before the City Commission to be reconsidered, at which time the development order, or conditions of approval, may be subject to modification, suspension and/or revocation.
8. If a use which has been granted a special exception shall cease to operate for a continuous period of one (1) year, the special exception approval shall expire.
9. The owner shall execute a trespass agreement for the police department to keep on file for enforcement.
Cost Summary/ Fiscal Impact:
The Division finds the implementation of this resolution will not require a budget allocation or expenditure of City funds and concludes it does not have any direct fiscal impact on the City's budget.
Attachments:
Attachment A - Application
Attachment B - Development Review Report
Attachment C - Narrative
Attachment D - Floor Plan
Attachment E - SEU Conditions Affidavit (executed)
Budget Code Number(s): __________________________________
Procurement Information: [check all that apply]
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