Title:
RESOLUTION NO. 25R-07-126: A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA, GRANTING ICON RESTAURANT AND LOUNGE A SPECIAL EXCEPTION USE DEVELOPMENT ORDER TO ALLOW IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT AN INDOOR LIVE ENTERTAINMENT AS AN ACCESSORY USE FOR A PERMITTED RESTAURANT BAR WITHIN A 8,118 SQUARE FOOT ± SITE LOCATED AT 5428 N. UNIVERSITY DRIVE, LAUDERHILL, FLORIDA; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Body
Request Action:
Consideration of a Special Exception Use to allow an an indoor live entertainment use as an accessory use for an existing bar restaurant in the General Commercial (GC) zoning district .
Need/Summary Explanation/Background:
The applicant is requesting special exception use approval for indoor live entertainment as an accessory to an existing Restaurant Bar Use. The approximate 8,118 square foot restaurant-bar is located within a multi-tenant plaza within the General Commercial (CG) zoning district. The site is located along N University Drive. Hours of operation will be five (5) days a week, Wednesday through Sunday 5 p.m. to 2 a.m.
1. This special exception use development order to allow the restaurant bar with accessory live entertainment is specifically granted to Icon Restaurant and Lounge 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.
2. The Accessory indoor live entertainment is restricted to a total of 8,118 square feet site located at 5248 N. University Drive Consistent with the Land Development Regulations Article IV., Part 4.0., Section 4.3., the expansion, alteration, enlargement or removal to another location of this use shall be unlawful unless the City Commission amends this development order to allow such expansion, alteration, enlargement or removal to another location.
3. A dance floor and elevated stage shall be prohibited.
4. A cover charge, entrance or similar fee shall not be charged for admittance.
5. Prohibited Uses include; Principle Live Entertainment Uses (Nightclub) as well as Event Hall Uses and Banquet Hall Uses. Sexually Oriented Live Entertainment and/or Adult Entertainment Uses shall be strictly prohibited.
6. The general days and hours of operation are five (5) days a week, Wednesday through Sunday 5 p.m. to 2 a.m.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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 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 - Application and Narrative
Attachment B - Development Review Report (DRR)
Attachment C - Public Notice Affidavit
Attachment D - Conditions of Approval (UNSIGNED)
Resolution