Title
RESOLUTION NO. 24R-04-71: A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA GRANTING TO CHRISTOS DOCTORS INN WALK-IN HEALTHCARE, LLC. A SPECIAL EXCEPTION USE DEVELOPMENT ORDER, SUBJECT TO CONDITIONS, TO ALLOW IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT AN OFFICE, MEDICAL, WITH CONTROLLED SUBSTANCE PRACTITIONER USE IN A 1,085 SQUARE FEET UNIT WITHIN A 97,800 SQUARE FEET SITE LEGALLY DESCRIBED AS BOULEVARD SHOPPES NO 2 BLK 1 LOT 1 THRU LOT 8, AS RECORDED IN PLAT BOOK 106, PAGE 37 OF THE OFFICIAL PUBLIC RECORDS OF BROWARD COUNTY MORE COMMONLY KNOWN AS 4300 N. UNIVERSITY DRIVE, SUITE C100, LAUDERHILL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
Body
Request Action:
Pass a Special Exception Use with conditions for a medical office with controlled substance provider as requested by CHRISTOS DOCTORS INN WALK-IN HEALTHCARE, LLC in a 1,085 square feet unit within a +/- 97,800 square feet site as legally described herein and more commonly known as 4300 N. University Drive.
Need:
To approve a special exception use with conditions.
Summary Explanation/ Background:
The site in question is located on a 5.8+ acre site within a two-story multi-tenant office building. The site is located on the Southeast corner of N. University Drive and NW 44 Street. The subject site falls within the General Commercial (CG) zoning district. Abutting the site to the North and West are commercial used properties. Abutting the site to the South and East are single-family residentially zoned properties.
The owner, Dr. Christopher Smith intends to operate Christos Doctors Inn Walk-In Healthcare as a family medicine and dermatology medical office. Christos Doctors Inn Walk-In Healthcare provides services such as; immigration and Department of Transportation physical exams, skin cancer surgeries, and IV therapy. Some of these procedures require a medical prescription.
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 allows for no controlled substance prescriptions to anyone other than a patient in connection with a medical procedure performed or to be performed.
2. The Office, Medical, with Controlled Substance Provider use is restricted to a total of 1,085 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 Christos Doctors Inn Walk-In Healthcare and shall cover the licensed practitioners of Christos Doctors Inn Walk-In Healthcare (to include both employee practitioners and independent contractors working for Christos Doctors Inn Walk-In Healthcare where for clarification, such independent contractor bills under the billing number of Christos Doctors Inn Walk-In Healthcare and the patients are patients of record of Christos Doctors Inn Walk-In Healthcare, 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 Christos Doctors Inn Walk-In Healthcare 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 six (6) days a week, Monday through Saturday 9:00 a.m. to 6:00 p.m., Sundays 2:00 p.m. to 6:00 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. Christos Doctors Inn Walk-In Healthcare shall be required to comply with, and operate in accordance with, all standards and requirements by the State of Florida, the Florida Board of Medicine, and the City when operating a Medical Office with Controlled Substance Practitioner.
6. 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.
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. 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.
9. 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.
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.
Attachments:
Attachment A- Development Review Report
Attachment B- Affidavit (PENDING from Applicant)
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 (if necessary)