Title
RESOLUTION NO. 23R-05-125: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL, FLORIDA GRANTING TO THE PETITIONER, JAMAICA EX- POLICE ASSOCIATION OF SOUTH FLORIDA, INC. (JEPA), AN AMENDMENT TO THE APPROVAL OF AN EXISTING SPECIAL EXCEPTION USE DEVELOPMENT ORDER, SUBJECT TO CONDITIONS, FOR A CLUB, PRIVATE OR SOCIAL, WITH INDOOR LIVE ENTERTAINMENT AND ACCESSORY ON PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES TO MEMBERS AND INVITED GUESTS FOR FUNDRAISING EVENTS WITHIN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT, IN A 1,500 SQUARE FOOT BAY WITHIN A +/-71,002 SQUARE FOOT SHOPPING PLAZA LEGALLY DESCRIBED AS PORTION OF TRACT B OF PLAT OF INVEREALTY TRACT 1 PLAT AS RECORDED IN PLAT BOOK 111 PAGE 46 OF THE OFFICIAL PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND MORE COMMONLY KNOWN AS 7153 W. OAKLAND PARK BLVD.; PROVIDING FOR AN EFFECTIVE DATE.
Body
Need: Within the General Commercial (CG) Zoning District a Club, Private or Social is a Special Exception Use (SEU) requiring City Commission approval. The applicant needs City Commission approval in order to operate the proposed use. The applicant is seeking to amend an existing SEU to add the ability to have alcohol sales for fundraising events only.
Summary Explanation/ Background:
The site in question is a commercial plaza building abutting a canal to the east followed by Residential Multi-Family homes further east across the canal. To the North of the subject site is Environ Blvd followed by Residential Multi-Family homes further North. To the West of the commercial plaza is Inverrary Blvd West followed by another commercial plaza further West. To the South is the W. Oakland Park Blvd right of way followed by another commercial Plaza.
The applicant is requesting to amend their existing SEU approval which provides that alcohol consumption is allowable, but prohibits the sale of alcoholic beverages. By adding permission for alcohol sales for the purposes of fund raising events, Jepa may be better able to provide charitable assistance to the Lauderhill and Jamaican communities. A State temporary permit to allow alcohol sales would be required and would limit the number of permitted events to a maximum of twelve (12) events per calendar year with each event being permitted to run up to three (3) consecutive days. A city special event permit is required to be submitted and approved prior to any fundraising event at which alcohol sales would be permitted.
Based upon its review, the Planning and Zoning Division recommends approval of the Special Exception Use request. As such, should the commission choose to approve the request, staff recommends the following conditions.
1. This amended special exception use development order to add alcoholic beverage sales to the existing use by a Social Club, is specifically granted to Jamaica Ex-Police Association of South Florida, Inc. and such amended development order cannot be assigned, leased, subleased, transferred or otherwise conveyed to another person. Further, this amended special exception use development order shall automatically expire and become null and void if change of ownership affecting 51% percent or more of the interest of the business or any of its assets in any manner shall trigger this provision, if the use shall cease to operate or if Jamaica Ex-Police Association of South Florida, Inc. is sold, assigned, transferred or otherwise conveyed to another person.
2. The alcoholic beverage sales by a Social Club is restricted to a total of 1,500 square feet site located at 7153 W Oakland Park Blvd. Consistent with the Land Development Regulations Article IV., Part 4.0., Section 4.3., the expansion, alteration, enlargement or removal to another location of this use shall be unlawful unless the City Commission amends this development order to allow such expansion, alteration, enlargement or removal to another location.
3. Alcoholic Beverage Consumption is permitted and is limited to indoors.
4. Alcoholic Beverages Sales, solely for the purpose of charitable fundraising, is limited to operating a maximum of twelve (12) one to three day temporary permits per year. Under an approved State of Florida Temporary Permit for alcohol sales.
5. JEPA must obtain a City of Lauderhill Special Event permit approval for each event, prior to obtaining zoning approval of a Temporary Permit for alcohol sales for such event, subject to the maximum of twelve (12) fundraising events per calendar year.
6. Day and Hours of operation are as follows:
a. Social Club: Sunday through Thursday from 11:00 a.m. to midnight. Friday and Saturday from 11:00 a.m. to 2:00 a.m. the following day.
b. Indoor Live Entertainment: Sunday through Thursday from 11:00 a.m. to 10:30 p.m. Friday and Saturday from 11:00 a.m. to 1:30 a.m. the following day
c. Accessory alcoholic beverage consumption and/or sales: Sunday through Thursday from 11:00 a.m. to 11:30 p.m. Friday and Saturday from 11:00 a.m. to 1:30 a.m. the following day.
7. 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.
8. If the City’s Police Department or Code Department records more than three instances regarding noise, loitering, parking or criminal activity, either from observation by police officers or verified from complaints by three or more unrelated individuals, within any ninety (90) day period, the special exception use 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 or revocation.
9. Any violation of the conditions of this amended special exception use development order approval and/or any violation of the terms and conditions relating to the temporary permit for the sale of alcohol for fundraising purposes only may result in a public hearing before the City Commission and may result in the modification, suspension or revocation of this amended special exception use development order or its conditions or both.
10. If the use which has been granted a Special Exception shall cease to operate for a period of one (1) year, the Special Exception Use approval shall expire.
11. The owner shall execute a trespass agreement for the police department to keep on file for enforcement.
Attachments: SEU Application
Site Plan and Floor Plan
Resolution 11R-10-232
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.
Estimated Time for Presentation:
Master Plan: Explain how this Agenda item advances one or more objectives
Goal 1: Clean, Green Sustainable Environment
[ ] Increase mass transit ridership [ ] Reduce City energy consumption
[ ] Reduce water consumption
Goal 2: Safe and Secure City of Lauderhill
[ ] Crime in lower 50% in Broward [ ] Residents feel safe in neighborhood
[ ] Reduce emergency fatalities
Goal 3: Open Spaces and Active Lifestyle for all ages
[ ] Increase participation in youth sports [ ] Add new park land and amenities
[ ] Increase attendance at cultural programs and classes
Goal 4: Growing Local Economy, Employment and Quality of Commercial Areas
[X ] Increase commercial tax base [ X Increase employment in Lauderhill businesses
[ ] Decrease noxious and blighted uses in commercial areas
Goal 5: Quality Housing at all Price Ranges and Attractive Communities
[ ] Neighborhood signs and active HOAs [ ] Housing & streets improved, litter reduced
[ ] Increase proportion of single family homes and owner occupied housing
Goal 6: Efficient and Effective City Government, Customer Focused & Values Diversity
[ ] Improves City efficiency [ ] Increase use of Information Technology
[ ] Increases residents perception of Lauderhill as an excellent place to live