Title
RESOLUTION NO. 23R-07-183: A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA GRANTING PRIMARY CARE DENTAL PARTNERS, P.A. A SPECIAL EXCEPTION USE DEVELOPMENT ORDER, SUBJECT TO CONDITIONS, TO ALLOW IN THE GENERAL COMMERICAL (CG), ZONING DISTRICT AN OFFICE, MEDICAL, DENTAL, WITH CONTROLLED SUBSTANCE PROVIDER IN A ± 1,604 SQUARE FEET SITE LOCATED AT 5950 W. OAKLAND PARK BLVD AS LEGALLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE.
Body
Request action:
Approve a Special Exception for a dental office with controlled substance provider.
Need:
Within the General Commercial (CG) Zoning District Office, Medical, Dental, with controlled substance provider use is a special exception use requiring City Commission approval. The applicant needs City Commission approval in order to operate the proposed use.
Summary Explanation/ Background:
The site in question is a + 1,604 square feet unit within a a three story building on a 41,070+ square feet site. The site is located on the south side of Oakland Park Blvd and east of University Blvd. The subject site falls with the General Commercial (CG) zoning district. Abutting the site to the north, east and west are commercial used properties. Abutting the site to the south are multi-family residential zone properties.
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.
2. This Special Exception Use development order allows for no prescription refills.
3. The Office, Medical, with Controlled Substance Provider use is restricted to a total of 1,604+ square feet as indicated on the proposed site plan. 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 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
4. The general days and hours of operation are five (5) days a week, Monday through Friday 8:30 a.m. to 5:00 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. This Special Exception Use development order for Office, Medical, and Dental with a Controlled Substance Provider shall be specifically granted to Primary Dental Partners P.A. and shall cover the licensed dentists. In addition to Primary Dental Partners P.A. receiving a certificate of use, each dentist is required to apply for a certificate of use. This special exception use development order shall automatically expire and become null and void if any entity other than Primary Dental Partners P.A. operates the dentist office. 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.
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. 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.
9. 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.
10. 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.
11. 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.
12. The owner shall execute a trespass agreement for the police department to keep on file for enforcement.
Any violation of these conditions may result in a public hearing before the City Commission in order to determine whether this special exception use development order should be revoked, suspended or modified.
Attachments:
Attachment A- Special Exception Application No. 23-SE-007
Attachment B- Site Plan
Attachment C - Affidavit of Conditions
Development Review Report
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.
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
Recommended By: ______________________________________
(Division Director)
Recommended By: ______________________________________
(Department Director)
Approved By: ______________________________________
(Finance Director)
Approved By: _______________________________________
(City Manager)