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RESOLUTION NO. 25R-09-202: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL, FLORIDA, GRANTING/DENYING NTT R E INVESTMENTS, LLC, FOR RYAN MART, INC. D/B/A U SAVE FOOD STORE, A SPECIAL EXCEPTION USE DEVELOPMENT ORDER TO EXTEND THE HOURS OF OPERATION FROM 6:00AM - 11:00PM TO 6:00AM - 2:00AM FOR AN EXISTING CONVENIENCE STORE USE IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT ON A 0.27± ACRE SITE LOCATED AT 4039 NW 19TH STREET, LAUDERHILL, FLORIDA; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
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Request Action:
The Petitioner is seeking approval of a special exception use to extend the hours of operation from 6:00 AM - 11:00 PM to 6:00 AM to 2:00 AM for an existing convenience store use in the CG (Commercial, General) zoning district. The Petitioner currently operates the convenience store at 4039 NW 19 Street, Lauderhill, FL in an existing 2,400 square feet unit within a commercial plaza.
Need Summary Explanation/ Background:
The applicant is requesting a modification of an existing special exception use development order for a convenience store located at 4039 NW 19th Street. Ryan Mart was granted a Special Exception Use Development Order via Resolution No. 21R-06-114 on June 28, 2021, allowing the store to operate 24-hours a day. Shortly thereafter, pursuant to Article IV, Section 4.11 (Post-approval review of special exception use development order and conditions) the City Commission modified the original Special exception development order and limit the hours of operation from 24 hours per day to 6 AM to 11 PM. The applicant is requesting reconsideration of the hours of operation to be extended for a new closing time of 2 AM.
In the CG zoning district, extending the hours of operation of a convenience store use requires City Commission approval. The Development Review Report (DRR) is included as an attachment for consideration. Staff does not recommend approval of the hours of operation. The hours of operation were reduced by the City Commission in 2022 due to an increase in police calls for service. The police calls have not substantially reduced to warrant the change in hours of operation. However, should the City Commission find that all conditions of approval have been met, Staff requests the following conditions be included to the Resolution granting the additional hours:
This special exception use development order to allow the Convenience Store is specifically granted to NTT R E Investments, and such development order cannot be conveyed to another person or entity (Article IV, Part. 4.0, Section 4.10. Conveyance of uses that are subject to special exception approval.). Any change of corporate ownership affecting 51% percent or more of the interest of the business or any of its assets in any manner shall trigger this provision. Notwithstanding, the convenience store may be operated by other business entities so long as there is no change in ownership as specified herein.
2. The Convenience Store use is restricted to 2,400 square feet of leasable space located at 4039 NW 19 ST Lauderhill, Florida. Consistent with Land Development Regulations Article IV., Part 4.0., Section 4.3., 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 or grants a new 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, or removal of the use to another location.
3. The Convenience Store days and hours of operation are 7 days per week 6:00am - 2:00am. Alcoholic beverage sales will be limited to beer and wine on the days and hours imposed by Land Development Regulations Article III., Part 5.0., Subsection 5.3.1.A.
4. The property owner, NTT R E Investments and all tenants shall comply with all of the requirements of Section 812.173, Florida Statutes regarding security at convenience stores as well as comply with all provisions required in Article VII Section 12-106- Convenience Stores of the Code of Ordinances and Article III Sec 5.15.A of the Land Development Code. Such conditions must be met and required at time of Certificate of Use.
5. 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.
6. 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.
7. Any special exception approval granted by the City Commission shall expire one hundred eighty (180) days after the date of approval, unless a Certificate of Use (COU) is submitted and subsequently approved within the one hundred eighty-day period.
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 Planning and Zoning Division finds that 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 (DRR)
Attachment C - Narrative
Attachment D - Floor Plan
Attachment E - Conditions of Approval
Attachment F - Resolution-21R-06-114
Attachment G - Resolution-22R-07-132
Budget Code Number(s): __________________________________
Procurement Information: [check all that apply]
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