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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 Above This Line for Processing Data 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