Title
RESOLUTION NO. 24R-01-11: A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA GRANTING TO HEALTH HOLDINGS COMPANY, LLC D/B/A PALM MEDICAL CENTERS A SPECIAL EXCEPTION USE DEVELOPMENT ORDER, SUBJECT TO CONDITIONS, TO ALLOW IN THE GENERAL COMMERICAL (CG), ZONING DISTRICT AN OFFICE, MEDICAL WITH CONTROLLED SUBSTANCE PROVIDER, USE IN A 1,500 SQUARE FEET UNIT WITHIN A +/- 10,347 SQUARE FEET SITE LEGALLY DESCRIBED AS LOT 6 OF CITY SHOPPES PLAT AS RECORDED IN PLAT BOOK 107 PAGE 44 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND MORE COMMONLY KNOWN AS 7351 W. OAKLAND PARK BOULEVARD, LAUDERHILL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
Body
Request Action:
Pass a Special Exception Use with conditions for a medical office with controlled substance provider as requested by Health Holdings Company, LLC. d/b/a Palm Medical Centers in a 1,500 square feet unit within a +/- 10,347 square feet site as legally described herein and more commonly known as 7351 W. Oakland Park Blvd.
Need:
To approve a special exception use with conditions.
Summary Explanation/ Background:
The Applicant (HEALTH HOLDINGS COMPANY LLC DBA: PALM MEDICAL CENTERS) is requesting special exception approval to allow a medical office with a provider authorized to issue controlled substances at the subject property (7351 W Oakland Park Blvd, Lauderhill, FL). If approved by the City Commission, the proposed tenant will occupy approximately 1,500 square feet within a 10,000 square foot commercial plaza. The proposed medical office is a state licensed medical center, which will provide a variety of non-emergency healthcare services: general consultations, preventative care, drawing labs and specific medical treatments. The office will employ a medical doctor, medical assistants, a receptionist and an administrator. Since 2013, Palm Medical Centers has operated offices throughout central and south Florida where they provide health care primarily to senior citizens during normal business hours (Monday - Friday 8 AM - 5 PM). Dr. Mohammed Feroz Allahrakha will be the only doctor on staff that holds a DEA license to prescribe controlled substances to patients. Dr Allahrakha is in good standing with the Florida Board of Medicine and has no complaints or disciplinary actions on file according to the Florida Department of Health. Based on our review, Staff finds that the Applicant has demonstrated compliance with all applicable special exception considerations and recommends approval of the request subject to the following conditions:
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 1,500 square feet 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 HEALTH HOLDINGS COMPANY, LLC and shall cover the licensed practitioners of HEALTH HOLDINGS COMPANY, LLC (to include both employee practitioners and independent contractors working for HEALTH HOLDINGS COMPANY, LLC) where for clarification, such independent contractor bills under the billing number of HEALTH HOLDINGS COMPANY, LLC and the patients are patients of record of HEALTH HOLDINGS COMPANY, 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 HEALTH HOLDINGS COMPANY, 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 five (5) days a week, Monday through Friday 8:00 a.m. to 5:00 p.m., Saturdays and Sundays are closed. Any increase in hours of operation is prohibited and shall be unlawful unless the City Commission amends this development order to allow such increase.
5. HEALTH HOLDINGS COMPANY, 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.
Attachments:
Attachment A: SEU Application
Attachment B: Floor Plan
Attachment C: SEU Conditions Affidavit (sent to Applicant on December 19 - pending executed document)
Attachment D: Inventory of equipment
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
Master Plan:
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