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RESOLUTION NO. 25R-11-214: A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA, GRANTING 1879 N STATE ROAD, LLC, FOR PEDIATRIC DENTAL CENTER OF LAUDERHILL, A SPECIAL EXCEPTION USE DEVELOPMENT ORDER TO ALLOW IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT ANOFFICE, MEDICAL (WITH CONTROLLED SUBSTANCE PRACTITIONER) ON A 1.6± ACRE SITE LOCATED AT 1879 NW 40TH AVENUE, LAUDERHILL, FLORIDA, AND MORE SPECIFICALLY DESCRIBED HEREIN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
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Request Action:
The Applicant is seeking consideration for the approval of a special exception use to allow a development order, with conditions, to allow in the General Commercial (CG) zoning district an Office, Medical (With Controlled Substance Practitioner) located at 1879 NW 40 Ave, Lauderhill, FL.
Need Summary Explanation/ Background:
A medical office (with a controlled substance practitioner) is a special exception use within this zoning district, which requires City Commission approval.
The Applicant (Enrique Acosta, owner of Pediatric Dental Center of Lauderhill) is requesting special exception approval to allow a dental office with providers authorized to prescribe controlled substances at the subject property (1879 NW 40th Ave, Lauderhill, FL). The proposed dental medical office is located within a 2,736 sq. ft unit on a site approximately .59 acres in size, between NW 19th Street and NW 16th Street.
The Planning and Zoning Division recommends the City Commission approve this “Dental Office with Controlled Substance Providers” subject to the following conditions:
1. This special exception use development order allows for no controlled substance prescriptions to anyone other than a dental patient in connection with a dental procedure performed or to be performed and no prescription refills.
2. This special exception use development order is granted to the property owner, 1879 N STATE ROAD LLC. The property owner may delegate authority of the approval to tenants to operate a doctor’s office on-premise. Pursuant to 1.3.11. Transfer of Development Orders or Approvals, should the property be sold, transferred or otherwise re-assigned the new owner shall notify the Development Services Department of the City updated contact information within five (5) days of change of ownership.
3. The dental office, which includes a medical provider authorized to prescribe controlled substance use is restricted to 2,736 square feet of leasable space located at 1879 NW 40th Ave, Lauderhill, Florida 33313. 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.
4. This Special Exception Use development order to allow a dental office, which includes a medical provider authorized to prescribe controlled substances is specifically granted to the property owner. Each medical office is required to obtain a Certificate of Use (COU) and each dentist is required to apply for a Certificate of Use, as well as maintain an active and valid dental license at all times. All doctors, employees, agents and independent contractors are subject to, and covered by, the express terms and conditions of this Special Exception Use Development Order.
5. The general days and hours of operation are (6) days a week, Monday - Friday 9am - 5pm and Saturdays 9am - 1pm. Any increase in hours of operation is prohibited and shall be unlawful unless the City Commission amends this development order to allow such increase.
6. If there are any code enforcement violations or liens, Police or Florida Board of Medicine complaints, or any disciplinary actions by the Department of Health, they are grounds for this Special Exception Use Development Order to 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. Pursuant to Article IV Section 5.3.11. of the Land Development Regulations, a discontinuance of operations for a period of one year would forfeit any legal nonconformities related to the proximity of residential zoning districts.
10. The owner shall execute a trespass agreement for the police department to keep on file for enforcement.
Cost Summary/ Fiscal Impact:
The Department 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.
Attachments:
Attachment A - SEU Application
Attachment B - Narrative
Attachment C - Development Review Report
Attachment D - Floor Plan
Attachment E - Public Notice Affidavit
Attachment F - SEU Conditions Affidavit
Attachment G - Staff Presentation
Budget Code Number(s): __________________________________
Procurement Information: [check all that apply]
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