File #: 24R-6000    Version: 1 Name: Special Exception - Waiver & Site Plan Restaurant
Type: Resolution Status: Passed
File created: 12/2/2024 In control: City Commission Meeting
On agenda: 12/9/2024 Final action: 12/9/2024
Title: RESOLUTION NO. 24R-12-296: A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA GRANTING THE APPROVAL OF A WAIVER AND ASSOCIATED SITE PLAN APPLICATION FILED BY APPLICANT, FLORIDA INVESTMENTS 7, LLC, SUBJECT TO CONDITIONS, TO ALLOW WITHIN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT THE REHABILITATION OF THE EXISTING 2,375 SQUARE FEET STRUCTURE PREVIOUSLY UTILIZED AS A RESTAURANT WITH A DRIVE-THROUGH TO A SIT DOWN/HIGH TURNOVER RESTAURANT AND MAINTAINING THE DRIVE-THROUGH USE ON FOLIO #494115140050 ON A 1.33 ± ACRE SITE LEGALLY DESCRIBED AS LOTS 4-5, COMMERCIAL BOULEVARD SHOPPES NO.2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 107, PAGE 43, OF THE OFFICIAL PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, MORE COMMONLY KNOWN AS 7240 W. COMMERCIAL BLVD A/K/A N.W. 56TH STREET, LAUDERHILL, FLORIDA; AS WELL AS THE DEVELOPMENT OF A 7,000 SQUARE FOOT FIVE-UNIT RETAIL BUILDING ON FOLIO #494115140040; PROVIDING FOR FINDINGS AND CONCLUSIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR AN E...
Attachments: 1. RES-24R-12-296-Waiver & Site Plan Approval-Florida Investments 7.pdf, 2. AR 24R-12-296, 3. CC DRR (24-SP-004) & (24-W-001) 7240 W. Commercial Blvd. - Rehab Exist. Rest. with Drive Thru.pdf, 4. SEU Conditions Affadavit (24-SP0-004) 7240 W Commercial Blvd.pdf, 5. Attachment A - Application, 6. Attachment B - Applicant Narrative - Waiver Narrative, 7. Attachment C - Survey, 8. Attachment D - Site Plan (7240 W. Commercial Blvd), 9. Attachment E - Development Review Report (DRR) (24-SP-004) & (24-W-001), 10. Attachment F - Public Notice Affidavit (Signed), 11. SEU Conditions Affadavit (24-SP0-004) 7240 W Commercial Blvd

Title

RESOLUTION NO. 24R-12-296: A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA GRANTING THE APPROVAL OF A WAIVER AND ASSOCIATED SITE PLAN APPLICATION FILED BY APPLICANT, FLORIDA INVESTMENTS 7, LLC, SUBJECT TO CONDITIONS, TO ALLOW WITHIN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT THE REHABILITATION OF THE EXISTING 2,375 SQUARE FEET STRUCTURE PREVIOUSLY UTILIZED AS A RESTAURANT WITH A DRIVE-THROUGH TO A SIT DOWN/HIGH TURNOVER RESTAURANT AND MAINTAINING THE DRIVE-THROUGH USE ON FOLIO #494115140050 ON A 1.33 ± ACRE SITE LEGALLY DESCRIBED AS LOTS 4-5, COMMERCIAL BOULEVARD SHOPPES NO.2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 107, PAGE 43, OF THE OFFICIAL PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, MORE COMMONLY KNOWN AS 7240 W. COMMERCIAL BLVD A/K/A N.W. 56TH STREET, LAUDERHILL, FLORIDA; AS WELL AS THE DEVELOPMENT OF A 7,000 SQUARE FOOT FIVE-UNIT RETAIL BUILDING ON FOLIO #494115140040; PROVIDING FOR FINDINGS AND CONCLUSIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE.

 

Body

Request Action:

Seeking Resolutions for the approval of two items. The first item is a Site Plan application (24-SP-004) for the development of a Restaurant with Drive Through and a new 5 unit retail plaza, and the second request is for approval of Waiver application (24-W-001) for installation of a menu board call box within 200’ of residentially zoned property, on an approximate 1.3 acre site made up of two parcels, 494115140050 and 494115140040, and within the General Commercial (CG) zoning district.

 

Need: (Why is there a need for this action?)

Action is needed to approve a site plan within the General Commercial (CG) zoning district, as requested by the City Commission. Action is needed to approve a Waiver within the General Commercial (CG) zoning district.

 

Summary Explanation/Background: (Provide a summary/background of this agenda request)

This is a two-part request for a Site Plan development order to approve the Site Plan, (24-SP- 004), for the rehabilitation of an existing 2,375 square feet structure previously utilized as a restaurant with a drive-through; to a sit down/high turnover restaurant and maintaining the drive-through use as well as the development of a 7000 square foot, five-unit retail building within the General Commercial (CG) Zoning District. The second request is for a Waiver, (24-W-001), from the provision of LDR Article III Sec. 5.32.2 Restaurant, fast food with or without drive- though and high turnover with drive-through, Sec. 5.32.2.H. to allow an outdoor menu board or ordering, pick-up, or pay station within 200 feet of a residentially zoned property within the General Commercial (CG) Zoning District.

The Planning and Zoning Department recommends the City Commission approve this Site Plan subject to the following conditions:

1. The property owner shall abide by any pre-existing dedications, restrictions, covenants, and easements that run with the land.

2. Prior to building and engineering permit approval, all outstanding comments issued by the Development Review Committee (DRC) must be addressed.

3. Within 180 days of an approved site plan development order, the property owner shall file for Building permits with the City of Lauderhill building department.

4. The single drive-through lane and associated menu/order board must be in substantial conformance to the approved site plan. Any expansion, alteration, enlargement or removal to another location of this use shall require additional site plan approval from the DRC and special exception use development order from the City Commission.

5. The property owner shall provide for adequate maintenance of the landscaping, right-of-way areas, and swale areas.

6. The property owner shall maintain the CPTED related site elements approved as a part of the DRC site plan approval.

 

Attachments: (Number all attachments consecutively)

A. Attachment A: Special Exception Use (SEU) Resolution No. 24R-08-173

 

Cost Summary/Fiscal Impact: (Include projected cost, approved budget amount and account number, source of funds, and any future funding requirements)

None

Estimated Time for Presentation: 5 minutes

 

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