Title
RESOLUTION NO. 24R-10-260: A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA GRANTING LE PARC AT LAUDERHILL, LLC. AN AMENDMENT TO SPECIAL EXCEPTION USE ORDER (RESOLUTION NO. 19R-12-275), SUBJECT TO CONDITIONS, TO ALLOW IN THE RESIDENTIAL MULTI-FAMILY (RM-40) ZONING DISTRICT A MULTI-FAMILY DEVELOPMENT WITH AN INCREASE IN THE MAXIMUM NUMBER OF DWELLING UNITS from 330 TO 358 DWELLING UNITS ON A 9.93± ACRE SITE LEGALLY DESCRIBED AS TRACT 1 OF "AT&T NO. 1" AS RECORDED IN PLAT BOOK 127, PAGE 18, OF THE OFFICIAL PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, MORE COMMONLY KNOWN AS 3831 N.W. 13TH STREET, LAUDERHILL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
Body
Request Action:
Consider a Special Exception Use with conditions for a multi-family development, as requested by Le Parc Lauderhill, LLC, on a site approximately 9 acres in size within the Transit Oriented Corridor (TOC), located south of NW 15 Street and north of NW 13th Street, commonly known as 3831 NW 13 Street.
Need:
Applicant is requesting approval of a special exception use with conditions.
Summary Explanation/ Background:
The Petitioner requests an amendment of a Special Exception Use (SEU) Development Order (Resolution No. 19R-12-275) which approved a multi-family development of 330 dwelling units to increase the maximum number of dwelling units to 358 within the Residential Multi-Family at 40 dwelling units per acre (RM-40) zoning district and within the Transit Oriented Corridor (TOC) on an approximately 9± acre site located at 3831 NW 13 Street, Lauderhill, Florida 33311. If approved by the City Commission, the applicant will proceed with the site plan review for the proposed development.
As outlined more fully in the Development Review Report (DRR), the Planning and Zoning Department recommends the City Commission approve this application subject to the following conditions:
1. This Special Exception Use development order for a Multifamily Dwelling Units, Attached Use shall be specifically granted to Le Parc at Lauderhill, LLC and such development order cannot be assigned, leased, subleased, transferred or otherwise conveyed to another entity without further Special Exception approval from the City Commission. Further, this special exception use development order shall automatically expire and become null and void if any entity other than Le Parc at Lauderhill, LLC operates the use.
2. A Site Plan Modification Approval is required from the Planning & Zoning Board (P&ZB), and subsequently the City Commission, for the proposed Multifamily Development in order to increase the height of two buildings from 7 to 8 stories and for the increase in number of dwelling units from 330 to 358.
3. The owner shall execute a trespass agreement for the police department to keep on file for enforcement.
4. The property management office will operate Monday through Friday from 9:00 a.m. to 6:00 p.m. and 9:00 a.m. to 3:00 p.m. on Saturdays.
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 site plan modification is submitted and subsequently approved 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. Pursuant to Article IV Section 4.8. of the Land Development Regulations, a discontinuance of operations for a period of one year would forfeit any legal nonconformities related to the proximity of residential zoning districts.
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.
Attachments:
Attachment A: SEU Application
Attachment B: Applicant Narrative
Attachment C: Development Review Report (DRR)
Attachment D: Public Notice Affidavit
Attachment E: SEU Conditions Affidavit
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