Title
ORDINANCE NO. 25O-05-115: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL, FLORIDA, GRANTING TO AMBASSADOR INVESTMENT & REALTY LLC, A VARIANCE TO ALLOW A SPECIAL RESIDENTIAL FACILITY (CATEGORY 2) IN THE MULTI-FAMILY RESIDENTIAL (RM-18) ZONING DISTRICT RELIEF FROM THE CITY’S LAND DEVELOPMENT REGULATIONS ARTICLE III, SECTION 5.36. SPECIAL RESIDENTIAL FACILITIES, REQUIRING A MINIMUM 1,200 FEET DISTANCE FROM ANOTHER SPECIAL RESIDENTIAL FACILITY, ANY FAMILY DAY CARE HOME, OR ANY LARGE FAMILY DAY CARE HOME, SAID PROPERTY IS LOCATED ON AN APPROXIMATELY 0.17 ACRE SITE LOCATED AT 5940 NW 19 CT., LAUDERHILL, FL; AND PROVIDING FOR AN EFFECTIVE DATE.
Body
Request Action:
Seeking consideration for the review of a variance application to allow a Special Residential Facility (Category 2) within the Multi-Family Residential (RM-18) zoning district, that does not comply with the minimum separation requirement from another Special Residential Facility.
Need:
Action is needed to approve or deny a variance.
Summary Explanation/ Background:
The Petitioner, Ambassador Investment & Realty LLC, has filed a variance application. The subject site is located on the southern side of NW 19 CT, east of NW 59th Way. On the subject property a special residential facility operated from 2013 to 2022, under the name Morning Breeze Assisted Living Facility. On January 5, 2022, the Agency for Health Care Administration (AHCA) revoked the approval from Morning Breeze Assisted Living Facility.
The Petitioner submitted a zoning confirmation letter requesting confirmation that another Special Residential Facility would be permitted at the subject property. The City issued two Zoning Confirmation Requests stating that there is an existing residential facility within a 1,200 feet radius of the property, a Category 2 assisted living facility would be an allowable use since the Special Residential Facility recently operated on the property. The applicant was advised that the letter would be valid for 45 calendar days and was further advised to file a certificate of use within this time period. The first letter was issued in June 2022, and the second was issued in May 2023.
Finally, in June of 2024 the City advised the Applicant via a zoning verification letter that a Special Residential Facility Category 2 would not be permitted at the location as it did not comply with the 1,200 feet distance requirement from another similar use. Furthermore, the Applicant was advised that a Special Residential Facility was no longer a vested use based on the Applicant’s failure to resume operations within a year of Morning Breeze Assisted Living Facility’s closure.
Staff has prepared a report that outlines the city's requirements, relevant applications, adjacent uses, and a list of conditions (if approved by the City Commission). The Planning and Zoning Division has reviewed the information submitted by the Applicant and determined that they have no satisfied the criteria for approval. As such, Staff recommends the City Commission deny this application as it is not aligned with the city's Land Development Regulation and there are no special circumstance on this property that do not generally apply to other properties in the same zoning district.
Cost Summary/ Fiscal Impact:
The Planning & Zoning Department finds that the implementation of this 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: Application
Attachment B: Development Review Report (DRR)
Attachment C: Narrative
Attachment D: Survey
Attachment E: Public Notice Affidavit
Budget Code Number(s): __________________________________
Procurement Information: [check all that apply]
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