Title
RESOLUTION NO. 24R-09-210: A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA GRANTING JM MERAKI LLC D/B/A MR. SUDS EXPRESS CAR WASH A SPECIAL EXCEPTION USE DEVELOPMENT ORDER, SUBJECT TO CONDITIONS, TO ALLOW IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT THE CONTINUATION OF A CAR WASH AND AUTO DETAILING USE DUE TO THE CONVEYANCE TO A NEW OWNER ON A 0.64± ACRE SITE LEGALLY DESCRIBED AS A PORTION OF TRACT "J" ACCORDING TO THE "CITY OF LAUDERHILL SECTION ONE" PLAT MORE FULLY DESCRIBED HEREIN AS RECORDED IN PLAT BOOK 81 PAGE 4 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, MORE COMMONLY KNOWN AS 4921 N. UNIVERSITY DRIVE, LAUDERHILL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
Body
Request Action:
Consider a Special Exception Use with conditions for a car wash for a new owner of an existing car wash, as requested by JM Meraki, LLC (DBA: Mr. Suds Express Car Wash), on a site approximately .64 acres in size at the subject property on the west side of North University Drive, and south of NW 50th Street, commonly known as 4921 N University Drive.
Need:
Applicant is requesting approval of a special exception use with conditions.
Summary Explanation/ Background:
The Applicant (JM Meraki, LLC dba Mr. Suds Express Car Wash) represented by Rod Feiner is requesting special exception approval to allow the continuation of a car wash use at the subject property (4921 N University Drive, Lauderhill, FL). If approved by the City Commission, the applicant will continue to operate the car wash.
The Planning and Zoning Department recommends the City Commission approve this “Car Wash” subject to the following conditions:
1. This special exception use development order to allow the Car Wash is specifically granted to JM Meraki, LLC dba Mr. Suds Express Car Wash 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. Notwithstanding, the Car Wash may be operated by other business entities so long as there is no change in ownership as specified herein.
2. The Car Wash and Auto Detailing use is restricted to 28,060 square feet of leasable space located at 4921 N University Dr, 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 general days and hours of operation are seven (7) days a week, Sunday through Saturday 8 a.m. to 8 p.m.
4. 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.
5. 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.
6. 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.
7. 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.
8. The owner shall execute a trespass agreement for the police department to keep on file for enforcement.
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: Floor Plan
Attachment D: Development Review Report (DRR)
Attachment E: Public Notice Affidavit
Attachment F: SEU Conditions Affidavit
Estimated Time for Presentation:
5 minutes