Title
RESOLUTION NO. 24R-06-113: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL GRANTING TO BOYE'S GAS SERVICE, INC. A SPECIAL EXCEPTION USE DEVELOPMENT ORDER, SUBJECT TO CONDITIONS, TO ALLOW IN THE LIGHT INDUSTRIAL (IL) ZONING DISTRICT AN OUTDOOR STORAGE USE ON AN APPROXIMATELY 0.91± NET ACRE VACANT PARCEL; GENERALLY LOCATED ON THE SOUTH SIDE OF N.W. 16TH STREET BETWEEN N.W. 34TH TERRACE AND N.W. 38TH AVENUE, WITHIN THE CITY OF LAUDERHILL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
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Request Action:
Consideration of a Special Exception Use to allow an Outdoor Storage use in the Light Industrial (IL) zoning district on an approximately 0.91± net acre parcel for the storage of commercial vehicles and equipment in a fully enclosed screened area.
Need:
To approve a special exception use with conditions.
Summary Explanation/ Background:
The Applicant (Charles F. Boye) is requesting special exception approval to allow an Outdoor Storage use at the subject property (3550 NW 16 Street, Lauderhill, FL). The property owner/ applicant does not have a specific tenant at this time; however, they are anticipating a prospective tenant would be interested to use the property for outdoor storage. Therefore the property owner is seeking use approval to help secure approvals for a future tenant. The specific operator, type of materials or equipment to be stored on-site, and hours of operation are not defined in the application.
Based on our review, Staff finds that the Applicant has demonstrated compliance with all applicable special exception considerations and recommends approval of the request subject to the following conditions:
1. This Special Exception Use (SEU) development order shall be specifically granted to Boye’s Inc. and such development order cannot be assigned, leased, subleased, transferred or otherwise conveyed to another entity. Further, this special exception use development order shall automatically become null and void if any entity other than Boye’s Inc. operates this use. All tenants, employees, agents, and independent contractors are subject to, and covered by, the express terms and conditions of this Special Exception Development Order.
2. Within 180 days of the date of the development order Boye’s Inc. will obtain Site Plan Modification approval and associated permits for required site improvements to include but not be limited to: fencing, screening, landscaping, lighting, and drainage.
3. Boye’s Inc., will obtain Site Plan Modification approval and associated permits for any future exterior improvements associated with the Outdoor storage use.
4. A site plan layout shall be provided at the time of application of the updated Certificate of Use required for Outdoor Storage use permissions. This floorplan shall be reviewed by the Planning and Zoning division as well as Fire Department for safety of exterior layout.
5. All areas used for outdoor storage shall be constructed with a hard and bonded surface that avoids dust and safeguard groundwater, subject to approval of the Planning & Zoning Director and City Engineer.
6. The use approval for Outdoor Storage shall allow for the storage of commercial vehicles for a period greater than 24 hours. The storage of vehicles as accessory to a new or used vehicle dealer is prohibited. The use of Automotive, wrecking or junkyard is prohibited.
7. Complaints to Code Enforcement or may cause the SEU approval to be reviewed by the City Commission for possible revocation.
8. 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. Further, consistent with LDR Article IV, Part 1.0., Section1.8, this development order may be revoked, suspended or modified based on the grounds stated herein. In addition, this development order is subject to post-approval review consistent with LDR Article IV, Part 4.0., Section 4.11.
Attachments:
Attachment A: SEU Application
Attachment B: Development Review Report (DRR)
Attachment C: Public Notice Affidavits
Attachment D: SEU Conditions Affidavit
Cost Summary/ Fiscal Impact:
The Planning & Zoning Department finds that 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:
5 minutes