HomeMy WebLinkAboutCity of Tamarac Board Order BO-2022-09TBO#: 60
Prepared by and Return to:
City Attorney
CITY OF TAMARAC
7525 NW 881Avenue
Tamarac, Florida 33321-2401
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Space Above This Line for Recording
FINAL BOARD ORDER FOR DEVELOPMENT PERMIT
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
BO — 2022 - 09
HEARING DATE: December 14, 2022
CASE NO. 5-Z-22
IN RE: The Application of: Alamod Hookah Lounge
Location: 6520 North University Drive, Tamarac, Florida 33321
Property Folio Identification Number: 4941-10-33-0020
Property Legal Description: REGINA SUBDIVISION 141-23 B PARCEL B
BOARD ORDER APPROVING SPECIAL EXCEPTION
Order granting Special Exception approval for Alamod Hookah Lounge, to allow for the
use of a renovated one (1) story, two -thousand foot (2,000 sq.ft.) tapas restaurant with the
addition of a hookah lounge and alcohol sales within an existing plaza in the MU-N (Mixed -Use
Neighborhood) zoning district, pursuant to the Tamarac Code of Ordinances.
William Dilley of Dilley Trial Law, PLLC, designated agent for the property owner,
Mural TML, LLC (the "Applicant") is requesting approval of a Special Exception to allow for the
use of a bar, lounge, or tavern at the subject property, legally described as REGINA
SUBDIVISION 141-23 B PARCEL B, located at 6520 North University Drive, Tamarac, Florida.
Notice of the request for Special Exception approval was given pursuant to Chapter 2,
Article X and Chapter 10, Section 10-5.3(F) of the City of Tamarac Code of Ordinances. The City
Commission of the City of Tamarac ("Commission") has identified that the property located at
6520 North University Drive, Tamarac, Florida (the "Property") is located in the MU-N (Mixed -
Use Neighborhood) Zoning District.
Special Exception Board Order — Case No. 5-Z-22 Page 1 of 4
TBO#: 60
Pursuant to the authority contained in Section 10-5.4(G) of the City of Tamarac Code of
Ordinances, the Planning Board has reviewed the application, held a quasi-judicial public hearing
on November 2, 2022, and recommend to the City Commission, APPROVAL OF THE
APPLICATION.
Following consideration of all testimony and evidence presented at the City Commission
hearing on December 14, 2022, and pursuant to Sections 2-369, 2-370, 10-5.3(G) and 10-5.3(H)
of the City of Tamarac Code of Ordinances, the City Commission finds as follows:
1. That the proposed development will be consistent with the Comprehensive Plan.
2. That the proposed development will comply with applicable district, use, and
development standards in the City of Tamarac Code of Ordinances.
3. That the proposed development will be compatible with the existing natural
environment and community character of the properties within the immediate
neighborhood;
4. That the proposed development will be desirable for public convenience, and not
injurious or otherwise detrimental to the public health, safety, comfort, and
welfare;
5. That the proposed development will minimize adverse effects, including noise,
light, dust, or other potential nuisances, on adjacent properties to the greatest
extent practicable;
6. That the proposed development will include adequate provisions for safe and
convenient vehicular and pedestrian traffic movement to, from, and through the
site that minimizes traffic congestion in the public streets;
7. That the site area is sufficient, appropriate, and adequate for the use and any
reasonably anticipated expansion of the use;
8. That the Special Exception shall only remain valid during the period of which the
certificate of occupancy and business license remains active;
9. That the Special Exception is transferable administratively pursuant to compliance
with City Codes, submitting documentation and payment of fees only after the
previous condition has been met; and
10. Any pre-existing code violations shall be satisfied before a certificate of
occupancy is issued for the proposed use.
Pursuant to the authority contained in Sections 2-369, 2-370, 10-3.2, 10-5.3 (G) and (H)
and 10-5.4 (G) of the City of Tamarac Code of Ordinances, the Applicant's request for Special
Special Exception Board Order — Case No. 5-Z-22 Page 2 of 4
TBO#: 60
Exception Approval to allow for the use of a bar, lounge, or tavern in the MU-N (Mixed -Use
Neighborhood) Zoning District located at 6520 North University Drive, is hereby GRANTED
subject to the following conditions:
1. Approval of the special exception is contingent upon approval and completion of the
Building Permit for Interior Renovations and Safety, BP21-5585, through the
Building Department.
2. No persons under the age of 21 shall be allowed entry.
3. No marijuana shall be used in the Lounge.
4. Applicant shall ensure that the air filtration will keep all odors to the confines of the
applicant's bay and no odor shall travel into any other space other than the
applicant's bay.
5. Applicant agrees that the interior and exterior of the applicant's business shall
remain in substantially the same condition as it currently exist in an effort to main
the "upscale" feel that the applicant has represented.
6. Applicant agrees that any transfer of Special Exception including all associated
conditions will be acknowledged by the new owner in writing.
7. Applicant agrees to perform daily sweeps of property to maintain the property free
of trash.
8. Applicant agrees to install security cameras at the front and rear to the applicant's
business.
9. Applicant's use and performance of the business and adherence to all conditions will
be reviewed administratively annually for the first 2 years.
[INTENTIONALLY LEFT BLANK]
Special Exception Board Order — Case No. 5-Z-22 Page 3 of 4
This document shall be recorded in the public records of Broward, County, Florida.
DONE and ORDERED this day of ;7.�M��fZ— , 2022, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
By. 1-16,�LZt 719u,
MICR LLE J. GOMEZ,
MAYOR
ATTEST:
KIMBERLY DILLON, CMC
CITY CLERK
STATE OF FLORIDA )
COUNTY OF BROWARD )
I hereby certify that on this day, before me, by means of Q physical presence or ❑ online
notarization, appeared City Commission, Mayor Michelle J. Gomez, to me personally known, who
acknowledged that she is the Mayor of the City of Tamarac ("City") City Commission, a Florida
municipal corporation, and that this instrument was signed for the purposes contained on behalf of
the City and by the authority of the City, and that she further acknowledges the instrument to be
the free act and deed of the City Commission.
Sworn to and subscribed before me this (y-1-day of bE(. M , 2022.
i� °qe''-. ANN MARIE GORDON
?� ��'. Notary Public - State of Florida
Commission # HH 095695
My Comm. Expires Feb 22. 2025
9onced throcgh National Notary Assn.
My Commission Expires:.`da();Do��
NOTARY PUBLIC, STATE OF FLORIDA
This Board Order was filed in the Office of the City Clerk on this V day of *L\c.C. 202_.
Special Exception Board Order — Case No. 5-Z-22 Page 4 of 4
Instr# 118595362 , Page 1 of 4, Recorded 12/29/2022 at 08:53 AM
Broward County Commission
Prepared by and Return to:
City Attorney
CITY OF TAMARAC
7525 NW 881 Avenue
Tamarac, Florida 33321-2401
C OTM-1%
This tine for Processing Data
Space Above This Line for Recording
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
BO — 2022 - 09
HEARING DATE: December 14, 2022
CASE NO.5-Z-22
IN RE: The Application of: Alamod Hookah Lounge
Location: 6520 North University Drive, Tamarac, Florida 33321
Property Folio Identification Number: 4941-10-33-0020
Property Legal Description: REGINA SUBDIVISION 1,41-23 B PARCEL B
BOARD ORDER APPROVING SPECIAL EXCEPTION
Order granting Special Exception approval for Alamod Hookah lounge, to allow for the
use of a renovated one (1) story, two -thousand foot (2,000 sq.ft.) tapas restaurant with the
addition of a hookah lounge and alcohol sales within an existing plaza in the MU-N (Mixed -Use
Neighborhood) zoning district, pursuant to the Tamarac Code of Ordinances.
William Dilley of Dilley Trial Law, PLLC, designated agent for the property owner,
Mural TML, LLC (the "Applicant") is requesting approval of a Special Exception to allow for the
use of a bar, lounge, or tavern at the subject property, legally described as REGINA
SUBDIVISION 141-23 B PARCEL B, located at 6520 North University Drive, Tamarac, Florida.
Notice of the request for Special Exception approval was given pursuant to Chapter 2,
Article X and Chapter 10, Section 10-5.3(F) of the City of Tamarac Code of Ordinances. The City
Commission of the City of Tamarac ("Commission") has identified that the property located at
6520 North University Drive, Tamarac, Florida (the "Property") is located in the MU-N (Mixed -
Use Neighborhood) Zoning District.
Special Exception Board Order - Case No. 5-Z-22 Page 1 of 4
Instr# 118595362 , Page 2 of 4
TBO#: 60
Pursuant to the authority contained in Section 10-5.4(G) of the City of Tamarac Code of
Ordinances, the Planning Board has reviewed the application, held a quasi-judicial public hearing
on November 2, 2022, and recommend to the City Commission, APPROVAL OF THE
APPLICATION.
Following consideration of all testimony and evidence presented at the City Commission
hearing on December 14, 2022, and pursuant to Sections 2-369, 2-370, 10-5.3(G) and 10-5.3(H)
of the City of Tamarac Code of Ordinances, the City Commission finds as follows:
1. That the proposed development will be consistent with the Comprehensive Plan.
2. That the proposed development will comply with applicable district, use, and
development standards in the City of Tamarac Code of Ordinances.
3. That the proposed development will be compatible with the existing natural
environment and community character of the properties within the immediate
neighborhood;
4. That the proposed development will be desirable for public convenience, and not
injurious or otherwise detrimental to the public health, safety, comfort, and
welfare;
5. That the proposed development will minimize adverse effects, including noise,
light, dust, or other potential nuisances, on adjacent properties to the greatest
extent practicable;
6. That the proposed development will include adequate provisions for safe and
convenient vehicular and pedestrian traffic movement to, from, and through the
site that minimizes traffic congestion in the public streets;
7. That the site area is sufficient, appropriate, and adequate for the use and any
reasonably anticipated expansion of the use;
8. That the Special Exception shall only remain valid during the period of which the
certificate of occupancy and business license remains active;
9. That the Special Exception is transferable administratively pursuant to compliance
with City Codes, submitting documentation and payment of fees only after the
previous condition has been met; and
10. Any pre-existing code violations shall be satisfied before a certificate of
occupancy is issued for the proposed use.
Pursuant to the authority contained in Sections 2-369, 2-370, 10-3.2, 10-5.3 (G) and (H)
and 10-5.4 (G) of the City of Tamarac Code of Ordinances, the Applicant's request for Special
Special Exception Board Order — Case No. 5-Z-22 Page 2 of 4
Instr# 118595362 , Page 3 of 4
Exception Approval to allow for the use of a bar, lounge, or tavern in the MU-N (Mixed -Use
Neighborhood) Zoning District located at 6520 North University Drive, is hereby GRANTED
subject to the following conditions:
1. Approval of the special exception is contingent upon approval and completion of the
Building Permit for Interior Renovations and Safety, BP21-5585, through the
Building Department.
2. No persons under the age of 21 shall be allowed entry.
3. No marijuana shall be used in the Lounge.
4. Applicant shall ensure that the air filtration will keep all odors to the confines of the
applicant's bay and no odor shall travel into any other space other than the
applicant's bay.
5. Applicant agrees that the interior and exterior of the applicant's business shall
remain in substantially the same condition as it currently exist in an effort to main
the "upscale" feel that the applicant has represented.
6. Applicant agrees that any transfer of Special Exception including all associated
conditions will be acknowledged by the new owner in writing.
?. Applicant agrees to perform daily sweeps of property to maintain the property free
of trash.
8. Applicant agrees to install security cameras at the front and rear to the applicant's
business.
9. Applicant's use and performance of the business and adherence to all conditions will
be reviewed administratively annually for the first 2 years.
[INTENTIONALLY LEFT BLANK]
Special Exception Board Order — Case No. 5-Z-22 Page 3 of 4
Instr# 118595362 , Page 4 of 4, End of Document
This document shall be recorded in the public records of Broward, County, Florida.
DONE and ORDERED this day of �M1��+' , 2022, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
By: ._..
MICH LLE J. GOMEZ,
MAYOR
ATTEST:
KIMBERLY DICL ON, CMC
CITY CLERK
STATE OF FLORIDA )
)H
COUNTY OF BROWARD )
I hereby certify that on this day, before me, by means of 21 physical presence or ❑ online
notarization, appeared City Commission, Mayor Michelle J. Gomez, to me personally known, who
acknowledged that she is the Mayor of the City of Tamarac ("City") City Commission, a Florida
municipal corporation, and that this instrument was signed for the purposes contained on behalf of
the City and by the authority of the City, and that she further acknowledges the instrument to be
the free act and deed of the City Commission.
Sworn to and subscribed before me this ( ~day of bF-( 60-" , 2022.
FBWCE'd
ANN MARlE GORDONotary Public State of Florida
Commission; HN 095695
y Comm. Expires Feb 22. 2025
through rational Notary Assn.
My Commission Expires:,`'��
NOTARY PUBLIC, STATE OF FLORIDA
This Board Order was filed in the Office of the City Clerk on this 0 day of tgc. 202_.
Special Exception Board Order - Case No. 5-Z-22 Page 4 of 4