Title
A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA, GRANTING PTOLEMAIOS PROPERTY, LP, FOR ANGEL TOUCH THERAPY, LLC, A SPECIAL EXCEPTION USE DEVELOPMENT ORDER TO ALLOW IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT AN EDUCATION, REMEDIAL USE (TUTORING) ON A 8.47± ACRE SITE LOCATED AT 7173 W. OAKLAND PARK BLVD., LAUDERHILL, FLORIDA, AND MORE SPECIFICALLY DESCRIBED HEREIN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Body
Request Action:
A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA GRANTING PTOLEMAIOS PROPERTY, LP FOR ANGEL TOUCH THERAPY, LLC. A SPECIAL EXCEPTION USE DEVELOPMENT ORDER TO ALLOW IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT AN EDUCATION, REMEDIAL USE (TUTORING) ON A 8.47± ACRE SITE LOCATED AT 7173 W. OAKLAND PARK BLVD., LAUDERHILL, FLORIDA AND MORE SPECIFICALLY DESCRIBED HEREIN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Need Summary Explanation/ Background:
WITHIN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT AN EDUCATION, REMEDIAL USE IS A SPECIAL EXCEPTION USE REQUIRING CITY COMMISSION APPROVAL. THE APPLICANT NEEDS CITY COMMISSION APPROVAL IN ORDER TO OPERATE THE PROPOSED USE.
Cost Summary/ Fiscal Impact:
The applicant (Melitza Horta, CEO with Angel Touch Therapy, LLC) is requesting a Special Exception on behalf of Ptolemaios Property LP (property owner) for Angel Touch Therapy, LLC to provide tutoring to primary and secondary age students some of which maybe home-schooled students. Each student maybe onsite from one to two hours only and no food will be served. Their hours of operation will be 8:00am to 6:00pm, Monday through Friday and will employ approximately 10-15 employees.
The property is located on the north side of West Oakland Park Blvd., approximately 0.06 mile east of Inverrary Boulevard West. The subject property and all of the surrounding properties are designated Commercial and Medium 16 Residential in the Future Land Use Map Series. The property is zoned General Commercial (CG) on the City of Lauderhill Zoning Map and located along W. Oakland Park Blvd.
Staff recommends approval of this special exception request for Education, Remedial Use to provide tutoring instruction by Child Development Associates accredited instructors to children from grade K through 12 after-school, during-school hours (for home-schooled) and during the summer recess.
1. This Special Exception Use Development Order for Education, Remedial (Tutoring) is specifically granted to Ptolemaios Property LP for Angel Touch Therapy, LLC, operating within Unit 7173 W. Oakland Park Blvd. Pursuant to Article IV Section 4.10 “Conveyance of Uses that are subject to Special Exception Approval”. Any change in ownership must re-apply for Special Exception.
2. The commercial space is restricted to the uses and described herein and the maximum floor area size is limited to 1,775 square feet as displayed on the floor plan. Consistent with land development regulations Article IV., Part 4.0., Section 4.3., the expansion, alteration, enlargement or removal to another location of the use is prohibited and shall be unlawful unless the City Commission amends this 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 uses to another location.
3. The days and hours of operation are limited to Monday through Friday from 8:00am to 6:00pm as indicated on the application. Should the operators desire to extend the days and hours of the operation, then an additional special exception use application will need to be filed with the Planning and Zoning Division and granted by the City Commission. Education, Remedial Use has the flowing criteria as follows:
i. They do not serve food and do not allow students to bring food to the facility;
ii. They do not offer classes lasting longer than two (2) hours; and
iii. They do not have individual students on premises for more than two (2) hours in one (1) day.
4. Subsequent to occupancy, if the Code Enforcement Division or Police Division receives three or more complaints against the use within any one-year period and such complaints are affirmed by the Code Enforcement Board, the City Commission may hold a duly noticed public to review the special exception use and may add, modify, suspend or revoke any conditions of approval or the development order.
5. 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.
6. 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.
7. 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.
8. 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.
9. The owner shall execute a trespass agreement for the police department to keep on file for enforcement.
10. Property Owner or Operator must provide a security plan that demonstrates how they will prevent and reduce the amount of police calls associated with trespassing or the presence of other loitering. In addition to said security plan the property owner or operator shall also provide a property maintenance plan that demonstrates how they will maintain cleanliness in compliance with the Code of Ordinances.
Attachments:
Attachment A: SEU Application
Attachment B: Applicant Narrative
Attachment C: Development Review Report (DRR)
Attachment D: Public Notice Affidavit
Attachment E: SEU Conditions Affidavit (Unsigned)
Attachment F: Staff Presentation
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
Budget Code Number(s): __________________________________
Procurement Information: [check all that apply]
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