Title
RESOLUTION NO. 23R-06-143: A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA GRANTING TO NORTH STAR P.P.E.C., LLC. A SPECIAL EXCEPTION USE DEVELOPMENT ORDER, SUBJECT TO CONDITIONS, TO ALLOW IN THE GENERAL COMMERICAL (CG), ZONING DISTRICT AN OFFICE, MEDICAL WITH CONTROLLED SUBSTANCE PROVIDER, USE IN A 4,200 SQUARE FEET UNIT WITHIN A 40,189 SQUARE FEET SITE LEGALLY DESCRIBED AS LOTS 11, 12, AND PORTION OF 13, BLOCK 1 OF BROWARD ESTATES, SEC 1 PLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 33 PAGE 3 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, MORE COMMONLY KNOWN AS 3521 W. BROWARD BLVD, LAUDERHILL, FLORIDA.
Body
Request action: .
Pass a Resolution to approve a Special Exception for North Star P.P.E.C, LLC. for a medical office with controlled substance provider subject to conditions.
Need:
Summary Explanation/ Background:
A special exception use is requested to allow in the General Commercial (CG) zoning district a Medical Office with Controlled Substance Practitioner Use in a 4,200 square feet unit within a 40,189 square feet site generally located on the northern side of Broward Blvd between NW 36 Avenue and NW 35 Avenue.
The site is a part of multi-tenant office building commonly known as 3521 W Broward Blvd. The applicant intends to provide pediatric care for patients ranging from newborns to age 20. The program is designed for children of nearby families and foster homes who have disabilities. The applicant will be providing therapy services while under the direct supervision of nursing staff to children who need special care on a day-to-day basis.
Based upon its review, the Planning and Zoning Division recommends approval of the Special Exception Use request. As such, should the commission choose to approve the request, staff recommends the following conditions.
1. This Special Exception Use Development Order prohibits controlled substance prescriptions to anyone in connection with the Medical Office,
2. The Office, Medical, with Controlled Substance Provider use is restricted to a total of 4,200 square feet as indicated in the lease agreement. 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 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, reduction or removal of the use to another location.
3. This Special Exception Use Development Order for Office, Medical with Controlled Substance Provider shall be specifically granted to NorthStar PPEC LLC and shall cover the licensed practitioners of NorthStar PPEC LLC (to include both employee practitioners and independent contractors working for NorthStar PPEC LLC where for clarification, such independent contractor bills under the billing number of NorthStar PPEC LLC and the patients are patients of record of NorthStar PPEC LLC), and such development order cannot be assigned, leased, subleased, transferred or otherwise conveyed to another 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. Further, this special exception use development order shall automatically expire and become null and void if any entity other than NorthStar PPEC LLC operates the medical space. All practitioners, employees, agents and independent contractors are subject to and covered by the express terms and conditions of the Special Exception Use Development Order.
4. The general days and hours of operation are seven (7) days a week, Monday through Friday 7:00 a.m. to 7:00 p.m., Saturday and Sunday 7:00 a.m. to 2:00 p.m. Any increase in hours of operation is prohibited and shall be unlawful unless the City Commission amends this development order to allow such increase.
5. Complaints to Code Enforcement, Police or the Florida Board of Medicine may cause the SEU approval to be reviewed by the City Commission for possible 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. 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 special exception approval granted by the City Commission shall expire one hundred eighty (180) days after the date of approval, unless a development permit or site plan approval is applied for 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.
10. The owner shall execute a trespass agreement for the police department to keep on file for enforcement.
Attachments: Development Review Report, Floor Plan, 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