Title
RESOLUTION NO. 25R-04-86: A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA, GRANTING SALMOS 23 NO. 8, LLC, A SPECIAL EXCEPTION USE DEVELOPMENT ORDER, WITH CONDITIONS, TO ALLOW A SPECIAL RESIDENTIAL FACILITY (CATEGORY 3 WITH 128 BEDS) IN THE RESIDENTIAL MULTI-FAMILY (RM-18) ZONING DISTRICT ON AN APPROXIMATELY 4.09± NET ACRE SITE, LEGALLY DESCRIBED AS THE CALCUTTA FIRST ADDITION PLAT, A PORTION OF TRACT B AS RECORDED IN THE OFFICIAL RECORDS OF BROWARD COUNTY, FLORIDA IN PLAT BOOK 80 PAGE 17, MORE COMMONLY KNOWN AS 2801 NW 55 AVENUE, LAUDERHILL, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE.
Body
Request Action:
Consider a Special Exception Use with conditions for a Special Residential Facility (Category 3) with 128 beds , as requested by Salmos 23 No. 8, on a site approximately 4.09 acres in size at the subject property west of NW 55 Avenue, south of West Oakland Park Blvd, commonly known as 2801 NW 55 Avenue.
Need:
Applicant is requesting approval of the special exception, with conditions, for the continued use of an assisted living facility within the Residential Multi-Family (RM-18) zoning district.
Summary Explanation/ Background:
The applicant (Odelmys Bello) is representing business, Cornerstone Health Management for (Salmos 23 NO. 8, LLC), whom has filed a Special Exception application on behalf of the property owner Sarepta No. 6. The property has been home to an assisted living facility (also known as a "special residential facility") since 1986. The most recent operator "Colonial Assisted Living Facility at Fort Lauderdale, LLC" was granted a special exception by the City Commission via resolution 18R-06-119 to operate 105 sleeping rooms. The applicant is seeking approval to continue operations with 23 additional beds.
The city's Land Development Regulations (LDR) defines "Special Residential Facilities" into 3 categories, based on the number of residents receiving care: Category 1 serves up to 6 residents, Category 2 serves up to 14 residents and Category 3 is more than 14 residents. Generally speaking, Category 1 and 2 are permitted in lower density residential areas often operating out of single-family houses or renovating duplexes/triplexes, whereas Category 3 are in higher density residential or commercial areas operating out of larger structures.
The Planning and Zoning Department recommends the City Commission approve this “Special Residential Facility (Category 3)” subject to the following conditions:
1. This Special Exception Use development order shall be specifically granted to Salmos 23 NO. 8 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 expire and become null and void if any entity other than Salmos 23 NO. 8 operates this Special Residential Facility (SRF). All employees, agents and independent contractors are subject to, and covered by, the express terms and conditions of this Special Exception Use Development Order.
2. 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 shall require the City Commission to grant an additional Special Exception Use Development Order.
3. Maintain existing generators to provide power source for all basic mechanical operations of the facility sufficient to cover a large enough living area to accommodate all of its occupants with the basic necessities of life for a minimum of ninety-six (96) hours shall be installed in the following businesses located within the geographical boundaries of the city: Long-term Care Facilities, nursing homes and other related health care facilities that are required to be licensed under Florida Statutes, Chapter 400, as may be amended from time to time.
4. 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.
5. The owner shall execute a trespass agreement for the police department to keep on file for enforcement.
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 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. 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.
Cost Summary/ Fiscal Impact:
The Planning & Zoning Department 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 - SEU Application
Attachment B - Applicant Narrative
Attachment C - Floor Plan
Attachment D - Development Review Report (DRR)
Attachment E - Public Notice Affidavit
Attachment F - SEU Conditions Affidavit
Budget Code Number(s): __________________________________
Procurement Information: [check all that apply]
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