Title
RESOLUTION NO. 25R-03-75: A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FL GRANTING 441 CLINICAL TRIALS, LLC, A SPECIAL EXCEPTION USE DEVELOPMENT ORDER, WITH CONDITIONS, TO ALLOW AN OFFICE, MEDICAL, WITH CONTROLLED SUBSTANCE PROVIDER USE WITHIN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT ON AN APPROXIMATELY 2.3± ACRE SITE LOCATED AT 2451 N. STATE ROAD 7, LAUDERHILL, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
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Request Action:
To review and approve the request for Special Exception Use.
Need Summary Explanation/ Background:
WITHIN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT AN OFFICE, MEDICAL (WITH CONTROLLED SUBSTANCE PRACTITIONER) USE IS A SPECIAL EXCEPTION USE REQUIRING CITY COMMISSION APPROVAL. THE APPLICANT NEEDS CITY COMMISSION APPROVAL IN ORDER TO OPERATE THE PROPOSED USE.
The site in question is located on a 2.3+ acre site within a single-story multi-tenant office and retail building. The site is located on the Southwest corner of N. State Road 7 and NW 26 Street. The subject site falls within the General Commercial (CG) zoning district. Abutting the site to the North, South and East are commercial used properties. Abutting the site to the West are multi-family residentially zoned properties.
The owners, Moody Dubreuze, Lilliana Pestana, and Monica Menendez intend to operate 441 Clinical Trials, LLC. They aim to provide comprehensive healthcare to patients while also contributing to the advancement of medical science through participation in clinical studies. Some of these procedures require a medical prescription.
1. This Special Exception Use Development Order allows for no controlled substance prescriptions to anyone other than a patient in connection with a medical procedure performed or to be performed.
2. The Office, Medical, with Controlled Substance Provider use is restricted to a total of 880 square feet (the entire unit) as indicated in the lease agreement. 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 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, reduction or removal of the use to another location.
3. This Special Exception Use Development Order for Office, Medical with Controlled Substance Provider shall be specifically granted to 441 Clinical Trials, LLC and shall cover the licensed practitioners of 441 Clinical Trials, LLC (to include both employee practitioners and independent contractors working for 441 Clinical Trials, LLC) where for clarification, such independent contractor bills under the billing number of 441 Clinical Trials, LLC and the patients are patients of record of 441 Clinical Trials, LLC, and such development order cannot be assigned, leased, subleased, transferred or otherwise conveyed to another entity. 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. Further, this special exception use development order shall automatically expire and become null and void if any entity other than 441 Clinical Trials, LLC operates the medical space. All practitioners, employees, agents and independent contractors are subject to and covered by the express terms and conditions of the Special Exception Use Development Order.
4. The general days and hours of operation are Monday to Friday 9:00 a.m. to 5:00 p.m. Any increase in either the days or hours of operation or both is prohibited and shall be unlawful unless the City Commission amends this development order to allow such increase.
5. 441 Clinical Trials, LLC shall be required to comply with, and operate in accordance with, all standards and requirements by the State of Florida, the Florida Board of Medicine, and the City when operating a Medical Office with Controlled Substance Practitioner.
6. Complaints to Code Enforcement, Police or the Florida Board of Medicine may cause the SEU approval to be reviewed by the City Commission for possible 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. 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.
9. Any special exception approval granted by the City Commission shall expire one hundred eighty (180) days after the date of approval, unless a development permit or site plan approval is applied for within the one hundred eighty-day period.
10. 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.
11. The owner shall execute a trespass agreement for the police department to keep on file for enforcement.
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.
Attachments:
DEVELOPMENT REVIEW REPORT, FLOOR PLAN, AFFIDAVIT OF CONDITIONS
Budget Code Number(s): __________________________________
Procurement Information: [check all that apply]
[ ] RFP/Bid [ ] Emergency Purchase [ ] SBE
[ ] Proposal/Quote [ ] State Grant Funds [ ] Local Preference
[ ] Piggyback Contract [ ] Federal Grant Funds
[ ] Sole Source [ ] Matching Required