Title
RESOLUTION NO. 24R-08-175: A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA GRANTING TO LIQUID PARADISE, LLC A SPECIAL EXCEPTION USE DEVELOPMENT ORDER, SUBJECT TO CONDITIONS, TO ALLOW IN THE COMMERCIAL WAREHOUSE (CW) ZONING DISTRICT AND THE ARTS & ENTERTAINMENT OVERLAY DISTRICT (A&E) A HOOKAH LOUNGE USE AS AN ACCESSORY USE TO AN EXISTING RESTAURANT BAR USE WITH ACCESSORY LIVE ENTERTAINMENT, INDOOR USE IN A 3,000± SQUARE FOOT UNIT ON A 2.62± ACRE SITE LEGALLY DESCRIBED AS INDUSTRIAL 100 UNIT 1 85-3 B PORTION OF TRS A & B OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, FOLIO NUMBERS 4942 31 25 0040 AND 4942 31 25 0028, MORE COMMONLY KNOWN AS 3910 N.W. 19 STREET, LAUDERHILL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
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Request Action:
Consider a Special Exception Use with conditions for a hookah use, as an accessory use to an existing restaurant bar, as requested by Liquid Paradise, LLC, in a 3,000 square feet unit at the subject property on the south side of NW 19th Street, between NW 40th Avenue and NW 38th Avenue, commonly known as 3910 NW 19 Street.
Need:
Applicant is requesting approval of a special exception use with conditions.
Summary Explanation/ Background:
The Applicant (Liquid Paradise, LLC) is requesting special exception approval to allow a Hookah Lounge Use, as an additional accessory use to an existing restaurant bar with indoor live entertainment at the subject property (3910 NW 19 Street, Lauderhill, FL). If approved by the City Commission, the proposed tenant will continue to occupy approximately 3,000 square feet within the existing building.
The Land Development Regulations were amended last year (23O-10-136) to add "Hookah Lounge/ Bar" as a use permitted by special exception in 3 zoning districts (CC, CW & CE). The use was defined and standards were adopted to ensure the appropriate ventilation was installed in accordance with the Florida Building Code (Article III Section 5.51).
The Planning and Zoning Department recommends the City Commission approve this “Hookah Lounge” as accessory to the Restaurant Bar subject to the following conditions:
1. This special exception use development order to allow a Hookah Lounge as an accessory use to the existing Restaurant Bar is specifically granted to Liquid Paradise, LLC and such development order cannot be conveyed to another person or 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.
2. The accessory Hookah Lounge Use is restricted to 3,000 square feet of space located at 3910 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 hours of operation of the accessory Hookah Lounge are limited to the hours of operation approved on the Certificate of Use (COU) for the principal use (Restaurant Bar).
4. Liquid Paradise, LLC shall submit permits demonstrating compliance with the applicable requirements contained in the Florida Building Code related to mechanical ventilation for smoking lounges, prior to approval of an amended COU.
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 development permit or site plan approval is applied for 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. 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 Affidavit
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