Title
RESOLUTION NO. 24R-09-209: A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA GRANTING JAIMON & LISSY, INC. D/B/A FLAMINGO LIQUORS A SPECIAL EXCEPTION USE DEVELOPMENT ORDER, SUBJECT TO CONDITIONS, TO ALLOW IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT THE CONVEYANCE OF AN EXISTING PACKAGE STORE USE ON A .76 ± ACRE SITE AS MORE FULLY DESCRIBED HEREIN AND AS RECORDED IN OFFICIAL RECORDS BOOK 16287 PAGE 513 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; MORE COMMONLY KNOWN AS 3101 - 3105 W. BROWARD BLVD, LAUDERHILL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
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Request Action:
Consider a Special Exception Use with conditions for an existing liquor store with new ownership, as requested by Jaimon & Lissy, Inc. (DBA: Flamingo Liquors), on a site approximately .76 acres in size at the subject property on the north side of West Broward Blvd. and west of NW 31st Avenue, commonly known as 3101 - 3105 W Broward Blvd.
Need
Applicant is requesting approval of a special exception use with conditions.
Summary Explanation/ Background:
The Applicant (Jaimon & Lissy, Inc dba Flamingo Liquors) represented by Hope Calhoun is requesting special exception approval to allow the continuation of a package store use at the subject property (3101 - 3105 W. Broward Blvd., Lauderhill, FL). If approved by the City Commission, the applicant will continue to operate the package store.
As outlined more fully in the Development Review Report (DRR), the Planning and Zoning Department recommends the City Commission approve this “package store” subject to the following conditions:
1. This special exception use development order to allow the Package Store is specifically granted to Jaimon & Lissy, Inc. d/b/a Flamingo Liquors 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. Notwithstanding, the package store may be operated by other business entities so long as there is no change in ownership as specified herein.
2. The Package Store use is restricted to 4,000 square feet of leasable space located at 3101-3105 W. Broward Blvd., Lauderhill, Florida 33311. 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.
3. Package Store allowable days and hours of operation are Sundays 12:00 pm - 12:00 am and Monday through Saturday 9:30 am - 9:00 pm. The Land Development Regulations Article III., Part 5.3., Subsection 5.3.11.B. prohibits the sale of alcoholic beverage Sundays, midnight to 12:00 noon and Monday - Saturday, 9:00pm - 9:30am.
4. 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.
5. 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.
6. 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.
7. 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.
8. The owner shall execute a trespass agreement for the police department to keep on file for enforcement.
9. 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.
Cost Summary/ Fiscal Impact:
The Planning & Zoning Department finds that 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: Applicant Narrative
Attachment C: Development Review Report (DRR)
Attachment D: Public Notice Affidavit
Attachment E: SEU Conditions Affidavit
Estimated Time for Presentation:
5 minutes