Title
RESOLUTION NO. 26R-09-177: A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA, GRANTING MY SUMMIT HOLDINGS, LLC A SPECIAL EXCEPTION USE DEVELOPMENT ORDER TO ALLOW IN THE RESIDENTIAL MULTI-FAMILY (RM-18) ZONING DISTRICT THE CONTINUED OPERATION OF A SPECIAL RESIDENTIAL FACILITY USE ON A 4.09 ± ACRE SITE, MORE COMMONLY KNOWN AS 2801 NW 55TH AVENUE, LAUDERHILL, FLORIDA; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
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WITHIN THE RESIDENTIAL MULTI-FAMILY (RM-18) ZONING DISTRICT A SPECIAL RESIDENTIAL FACILITY (CATEGORY 3 WITH 128 BEDS) USE, IS A SPECIAL EXCEPTION USE REQUIRING CITY COMMISSION APPROVAL. THE APPLICANT NEEDS CITY COMMISSION APPROVAL IN ORDER TO OPERATE THE PROPOSED USE.
Summary Explanation/ Background:
A special exception application is a request you make to the local government asking for permission to use or develop your property in a way that usually isn’t allowed-but only under specific conditions. The City Commission must authorize a special exception by no less than 4 votes in the affirmative; a simple majority (3 out of 5, or 3 out of 4) would equate to a denial of the application.
The site in question is located on a 4.09+ acre site within a single-story stand-alone building. The site is located on NW 55 avenue, approximately one block south of W. Oakland Park Blvd. The subject site falls within the Residential Multi-Family (RM-18) zoning district. Abutting the site to the North, Commercial (Shopping Center); South, Residential Multi-Family (Pre-school & Townhouses); East, Residential Multi-Family (Stonebridge Garden Condominiums) and to the West are Residential Multi-Family (Royal Palms at Inverrary).
The property has been used for a special residential facility since the 1980s with different operators. The City’s Land Development Regulations dictates that the approval may not be transferred to a new owner without City Commission action.
The owner, My Summit Holdings LLC, through its tenant, Colonial Gardens Residential, LLC, is requesting a special exception use approval from the City Commission to allow continued use of an existing Special Residential Facility (Category 3 with 128 Beds). They aim to provide assisted living care to elderly. The Development Review Report (DRR) provides a detailed analysis of the site conditions, history and evaluation of the criteria. Staff Recommends approval of the application, subject to the following conditions:
1. This Special Exception Use development order shall be specifically granted to My Summit Holdings, LLC and such development order cannot be assigned, leased, subleased, transferred or otherwise conveyed to another entity. Further, this special exception use development order shall automatically expire and become null and void if any entity other than Colonial Gardens Residential, LLC operates this Special Residential Facility (SRF). All employees, agents and independent contractors are subject to, and covered by, the express terms and conditions of this Special Exception Use Development Order.
2. 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 shall require the City Commission to grant an additional Special Exception Use Development Order.
3. Maintain existing generators to provide power source for all basic mechanical operations of the facility sufficient to cover a large enough living area to accommodate all of its occupants with the basic necessities of life for a minimum of ninety-six (96) hours shall be installed in the following businesses located within the geographical boundaries of the city: Long-term Care Facilities, nursing homes and other related health care facilities that are required to be licensed under Florida Statutes, Chapter 400, as may be amended from time to time.
4. 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.
5. The owner shall execute a trespass agreement for the police department to keep on file for enforcement.
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 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. Further, consistent with LDR Article IV, Part 1.0., Section1.8, this development order may be revoked, suspended or modified based on the grounds stated herein. In addition, this development order is subject to post-approval review consistent with LDR Article IV, Part 4.0., Section 4.11.
Attachments:
a. DEVELOPMENT REVIEW REPORT
b. FLOOR PLAN
c. AFFIDAVIT OF CONDITIONS
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: 5 Minutes
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
Recommended By: ______________________________________
(Division Director)
Recommended By: ______________________________________
(Department Director)
Approved By: ______________________________________
(Finance Director)
Approved By: ______________________________________
(City Manager)