Title
RESOLUTION NO. 23R-06-144: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL, FLORIDA GRANTING TO 4571 BILLIARDS, LLC. D/B/A CLASSIC BILLIARDS, A SPECIAL EXCEPTION USE DEVELOPMENT ORDER, SUBJECT TO CONDITIONS, TO ALLOW IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT A BILLIARD OR POOL PARLOR USE ON A 1± ACRE SITE LEGALLY DESCRIBED AS A PORTION OF TRACT G OF CITY OF LAUDERHILL SEC 1 PLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 81 PAGE 4 OF THE OFFICIAL PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND MORE COMMONLY KNOWN AS 4569-4573 N. UNIVERSITY DRIVE, LAUDERHILL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
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Request action: Pass a Resolution to approve the Special Exception for 4571 Billiards LLC d/b/a Classic Billiards to all a billiard or pool parlor.
Need: Within the General Commercial (CG) Zoning District a Billiard or Pool Parlor Use is a special exception use requiring City Commission approval. The applicant needs City Commission approval in order to operate the proposed use.
Summary Explanation/ Background:
The site in question is a commercial plaza which fronts on the arterial roadway of NW 76 Avenue, N. University Drive. The site abuts commercial plazas to the North and to the South. Abutting to the East is the N. University Drive Right of Way and then a commercial plaza. Abutting to the West is a single family residential zoning district.
Classic Billiards is an existing Billiard or Pool Hall Use that has existed in Lauderhill since 1992. Ownership has now been transferred to 4571 Billiards LLC, triggering the need for a Special Exception Use approval from the City Commission. The applicant is proposing to continue operating a Billiard or Pool Hall use with food and alcoholic beverage service. The game of Billiards is defined as any of a variety of games played on a rectangular table with a designated number of small balls and a long stick called a cue. The floor plan proposes 12 billiards tables. The proposed hours of operation are from 1:00 p.m. to 2:00 a.m., 7 days per week.
Based upon its review, the Planning and Zoning Division recommends approval of the Special Exception Use request. As such, should the commission choose to approve the request, staff recommends the following conditions.
1. This special exception use development order for a Billiard or Pool Parlor Use, is specifically granted to 4571 Billiards LLC and such development order cannot be assigned, leased, subleased, transferred or otherwise conveyed to another person. Further, this special exception use development order shall automatically expire and become null and void if change of ownership affecting 51% percent or more of the interest of the business or any of its assets in any manner shall trigger this provision, if the use shall cease to operate or if Classic Billiards is sold, assigned, transferred or otherwise conveyed to another person.
2. The Billiard or Pool Parlor Use is restricted to a total of 3,900 square feet site located at 4569-4573 N. University Drive. Consistent with the Land Development Regulations Article IV., Part 4.0., Section 4.3., the expansion, alteration, enlargement or removal to another location of this use shall be unlawful unless the City Commission amends this development order to allow such expansion, alteration, enlargement or removal to another location. Seating must be consistent with state licensing requirements.
3. The hours of operation are limited to Sunday through Saturday from 1:00 P.M. until 2:00 A.M.
4. Alcoholic Beverage sales which are allowed by right in association with the existing Restaurant Bar Use must be in conformance with the requirement that 51% of sales must be food and nonalcoholic beverages.
5. Seating must be consistent with state licensing requirements.
6. Live Entertainment is prohibited unless a Special Exception is applied for and granted for said use.
7. Gambling is prohibited.
8. A maximum number of six (6) amusement devices are permitted on premises. The City must be notified if any such devices are to be utilized so they can be included within the Certificate of Use.
9. If there are any code enforcement violations or liens, this Special Exception Use Development Order may be brought before the City Commission to be reconsidered, at which time the development order, or the conditions of approval, may be subject to modification, suspension and/or revocation.
10. Any violation of these conditions of approval may result in a public hearing before the City Commission and may result in the modification, suspension or revocation of this special exception use development order or its conditions or both.
11. If the use which has been granted a Special Exception shall cease to operate for a period of one (1) year, the Special Exception Use approval shall expire.
12. The owner shall execute a trespass agreement for the police department to keep on file for enforcement.
Attachments: Development Review Report
Affidavit of Conditions
Cost Summary/ Fiscal Impact:
The Division finds the implementation of this Resolution/Ordinance 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.
Estimated Time for Presentation:
Master Plan: Explain how this Agenda item advances one or more objectives
Goal 1: Clean, Green Sustainable Environment
[ ] Increase mass transit ridership [ ] Reduce City energy consumption
[ ] Reduce water consumption
Goal 2: Safe and Secure City of Lauderhill
[ ] Crime in lower 50% in Broward [ ] Residents feel safe in neighborhood
[ ] Reduce emergency fatalities
Goal 3: Open Spaces and Active Lifestyle for all ages
[ ] Increase participation in youth sports [ ] Add new park land and amenities
[ ] Increase attendance at cultural programs and classes
Goal 4: Growing Local Economy, Employment and Quality of Commercial Areas
[X ] Increase commercial tax base [ X Increase employment in Lauderhill businesses
[ ] Decrease noxious and blighted uses in commercial areas
Goal 5: Quality Housing at all Price Ranges and Attractive Communities
[ ] Neighborhood signs and active HOAs [ ] Housing & streets improved, litter reduced
[ ] Increase proportion of single family homes and owner occupied housing
Goal 6: Efficient and Effective City Government, Customer Focused & Values Diversity
[ ] Improves City efficiency [ ] Increase use of Information Technology
[ ] Increases residents perception of Lauderhill as an excellent place to live