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RESOLUTION NO. 25R-08-144: A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA, GRANTING ECM-BG2-LAUDERHILL, FL-1-UT, LLC, ON BEHALF OF BOCA GAS COMPANY HOLDINGS 2, LLC, A SPECIAL EXCEPTION USE DEVELOPMENT ORDER TO ALLOW IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT THE CONVEYANCE OF USE OF AN EXISTING SERVICE STATION WITH CONVENIENCE STORE AND CAR WASH USE ON A 0.91± ACRE SITE LEGALLY LOCATED AT 1901 N. STATE ROAD 7, LAUDERHILL, FLORIDA AND MORE SPECIFICALLY DESCRIBED HEREIN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
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Request Action:
Consideration of a special exception use to allow a development order, with conditions, for the conveyance of use of an existing Service Station with Convenience Store and Car Wash Use in the General Commercial (CG) zoning district.
Need Summary Explanation/ Background:
The applicant is requesting a conveyance of use of an existing service station with convenience store and car wash located at 1901 N. State Road 7. The proposed service station with convenience store will operate in the same capacity as the existing operator and will employ 3 employees. Hours of operation will be 7 days per week 6:00am - 11:00pm.
1. This special exception use development order to allow the conveyance of use of a service station with convenience store and car wash is specifically granted to ECM BG2 LAUDERHILL FL 1 UT LLC, on behalf of Boca Gas Company Holdings 2, LLC. Pursuant to Land Development Regulations Article IV., Part 4.0., Section 4.10, Conveyance of uses that are subject to special exception approval, should the property be sold, transferred or otherwise re-assigned, the new owner must file a special exception application to obtain approval from the City Commission.
2. The Service Station with Convenience Store and Car Wash Use is restricted to 2,279 square feet of leasable space located at 1901 N State Road 7 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 Service Station with Convenience Store and Car Wash days and hours of operation are 7 days per week 6:00am - 11:00pm. Alcoholic beverage sales will be limited to beer and wine on the days and hours imposed by Land Development Regulations Article III., Part 5.0., Subsection 5.3.1.A.
4. The property owner, ECM-BG2-LAUDERHILL, FL-1-UT, LLC is responsible for obtaining site plan approval from the DRC and associated permits from the Building Department for the renovation of the carwash prior to operating the carwash at the subject location
5. The property owner, ECM-BG2-LAUDERHILL, FL-1-UT, LLC and all subsequent tenants shall comply with all of the requirements of Section 812.173, Florida Statutes, regarding security at convenience stores as well as comply with all provisions required in Article VII Section 12-106- Convenience Stores of the Code of Ordinances and Article III Sec 5.15.A of the Land Development Code. Such conditions must be met and required at time of Certificate of Use.
6. 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.
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. Any special exception approval granted by the City Commission shall expire one hundred eighty (180) days after the date of approval, unless a Certificate of Use (COU) is submitted and subsequently approved within the one hundred eighty-day period.
9. 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.
10. The owner shall execute a trespass agreement for the police department to keep on file for enforcement.
11. The property owner must review the approved landscaping plan on file with the city & ensure that the property is in compliance with the landscaping & lighting requirements, within 90 days of this approval.
Cost Summary/ Fiscal Impact:
The Planning & Zoning Division finds that the implementation of this resolution 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 - Application
Attachment B - Development Review Report (DRR)
Attachment C - Narrative
Attachment D - Floor Plan
Attachment E - Affidavit of Conditions
Budget Code Number(s): N/A
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