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RESOLUTION NO. 26R-03-64: A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA, GRANTING SUNSHINE GASOLINE DISTRIBUTORS INC., A SPECIAL EXCEPTION USE DEVELOPMENT ORDER TO ALLOW IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT THE CONTINUED OPERATION OF A SERVICE STATION WITH CONVENIENCE STORE ON AN APPROXIMATELY 0.95± NET ACRE PARCEL LOCATED AT 3311 WEST BROWARD BLVD. AND MORE SPECIFICALLY DESCRIBED HEREIN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
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Request Action:
The Applicant is consideration for the approval to of a special exception use to allow a development order, with conditions, for the continued operation of an existing Service Station with Convenience Store located at 3311 W. Broward Blvd., Lauderhill, FL.in the General Commercial (CG) zoning district.
Need Summary Explanation/ Background:
The applicant is requesting a conveyance of an existing Service Station with Convenience Store located at 3311 W. Broward Blvd. Pursuant to Article IV Sec 4.10, a special exception is required for conveyances of Service Station with Convenience Store Uses. The proposed Service Station with Convenience Store will operate in the same capacity as the previous operator and will employ up to 4 individuals. The proposed hours of operation will 7 days per week, 24 hours per day.
1. This special exception use development order to allow the Service Station with Convenience Store is specifically granted to Sunshine Gasoline Distributors, Inc. Pursuant to 4.10. Conveyance of uses that are subject to special exception approval. Should the property be sold, transferred or otherwise re-assigned the owner shall advise the new owner that they are required to file a special exception application to obtain approval from the City Commission.
2. The Service Station with Convenience Store is restricted to 1,200 square feet of leasable space located at 3311 W Broward Blvd, 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 Service Station with Convenience Store hours of operation are 7 days per week 24 hours a day. 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, Sunshine Gasoline Distributors, Inc. and all subsequent 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. The property shall be maintained and free from litter or trash, no less than once a week, consistent with the Code of Ordinances Chapter 10, Section 10-15.
6. 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.
7. 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.
8. 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.
9. 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.
10. The owner shall execute a trespass agreement for the police department to keep on file for enforcement.
Cost Summary/ Fiscal Impact:
The Planning & Zoning 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 of 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
Attachment F - Public Notice Affidavit
Budget Code Number(s): __________________________________
Procurement Information: [check all that apply]
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