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HomeMy WebLinkAboutCity of Tamarac Board Order BO-2022-10TBO#: 61 Prepared by and Return to: City Attorney CITY OF TAMARAC 7525 NW 88'Avenue Tamarac, Florida 33321-2401 )ace Above This Line for Processin Data Space Above This Line for Recording FINAL ORDER FOR DEVELOPMENT PERMIT BEFORE THE CITY COMMISSION CITY OF TAMARAC, FLORIDA 130-2022— ID HEARING DATE: December 14, 2022 CASE NO. 7-Z-22 IN RE: The Application of: Sunnyside Dispensary - Tamarac Location: 6001 North University Drive, Tamarac, Florida 33321 Property Folio Identification Number: 4941-09-45-0012 Property Legal Description: WESTLAND PLAT 172-64 B PORTION DESC AKA: LOT 3 ORDER APPROVING SPECIAL EXCEPTION Order granting Special Exception approval for Sunnyside Dispensary — Tamarac, to allow for the use of an existing one (1) story, four -thousand nine -hundred and thirty-six square foot (4,936 sq.ft.) structure for a Medical Marijuana Dispensary in the MU-N (Mixed -Use Neighborhood) zoning district, pursuant to the Tamarac Code of Ordinances. Tara Tedrow, Esq. of Lowndes Law Firm, designated agent for the property owner, Pretam, LLC (the "Applicant") is requesting approval of a Special Exception to allow for the use of a medical marijuana dispensary at the subject property, legally described as WESTLAND PLAT 172-64 B PORTION DESC AKA: Lot 3, located at 6001 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 Special Exception Board Order — Case No. 7-Z-22 Page 1 of+ TBO#: 61 6001 North University Drive, Tamarac, Florida (the "Property") is located in the MU-N (Mixed - Use Neighborhood) Zoning District. 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. The proposed development will/will not be consistent with the Comprehensive Plan. 2. The proposed development will/will not comply with applicable district, use, and development standards in the City of Tamarac Code of Ordinances. 3. The proposed development will/will not be compatible with the existing natural environment and community character of the properties within the immediate neighborhood. 4. The proposed development will/will not be desirable for public convenience, and not injurious or otherwise detrimental to the public health, safety, comfort, and welfare. 5. The proposed development will/will not minimize adverse effects, including noise, light, dust, or other potential nuisances, on adjacent properties to the greatest extent practicable. 6. The proposed development will/will not 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. The site area is/is not sufficient, appropriate, and adequate for the use and any reasonably anticipated expansion of the use. 8. The Special Exception shall only remain valid during the period of which the certificate of occupancy and business license remains active. 9. The Special Exception is transferable administratively pursuant to compliance with City of Tamarac Code of Ordinances, 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. Special Exception Board Order — Case No. 7-Z-22 Page 2 of4. TBO#: 61 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 Exception Approval to allow for the use of a medical marijuana dispensary in the MU-N (Mixed - Use Neighborhood) Zoning District located at 6001 North University Drive, is hereby GRANTED subject to the following condition 1. Applicant agrees that any transfer of Special Exception including all associated conditions will be acknowledged by the new owner in writing. This document shall be recorded in the public records of Broward, County, Florida. DONE and ORDERED this day of��86*0— , 2022, in Tamarac, Florida. CITY COMMISSION CITY OF TAMARAC, FLORIDA By: c/ MICHE LE J. GOMEZ, MAYOR ATTEST: CL� I , wip — KIMBERLY DILLON, 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 lg •" day of Jdwl beZ- , 2022. •�yv op'"., ANN MARIE GORDON Notary Public • State of Florida �:c` Commission = NH 045695 NOTARY PUBLIC, STATE OF FLORIDA 'Ea a°p' My Comm. Expires =eo 22. 2025 Sonded through National .rotary Assn. Special Exception Board Order — Case No. 7-Z-22 Page 3 of+ TBO#: 61 My Commission Expires: This Board Order was filed in the Office of the City Clerk on this 14 day oflec. 202,. Special Exception Board Order — Case No. 7-Z-22 Page 4 of Instr# 118595378 , Page 1 of 4, Recorded 12/29/2022 at 08:58 AM Broward County Commission Prepared by and Return to: City Attorney CITY OF TAMARAC 7525 NW 881 Avenue Tamarac, Florida 33321-2401 •TI3[:Ilil Line for Processing Data Space Above This Line for Recording BEFORE THE CITY COMMISSION CITY OF TAMARAC, FLORIDA BO-2022- ID HEARING DATE: December 14, 2022 CASE NO. 7-Z-22 IN RE: The Application of: Sunnyside Dispensary - Tamarac Location: 6001 North University Drive, Tamarac, Florida 33321 Property Folio Identification Number: 4941-09-45-0012 Property Legal Description: WESTLAND PLAT 172-64 B PORTION DESC AKA: LOT 3 ORDER APPROVING SPECIAL EXCEPTION Order granting Special Exception approval for Sunnyside Dispensary — Tamarac, to allow for the use of an existing one (1) story, four -thousand nine -hundred and thirty-six square foot (4,936 sq.ft.) structure for a Medical Marijuana Dispensary in the MU-N (Mixed -Use Neighborhood) zoning district, pursuant to the Tamarac Code of Ordinances. Tara Tedrow, Esq. of Lowndes Law Firm, designated agent for the property owner, Pretam, LLC (the "Applicant") is requesting approval of a Special Exception to allow for the use of a medical marijuana dispensary at the subject property, legally described as WESTLAND PLAT 172-64 B PORTION DESC AKA: Lot 3, located at 6001 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 Special Exception Board Order — Case No. 7-Z-22 Page I of Instr# 118595378 , Page 2 of 4 TBO#:61 6001 North University Drive, Tamarac, Florida (the "Property") is located in the MU-N (Mixed - Use Neighborhood) Zoning District. 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. The proposed development will/will not be consistent with the Comprehensive Plan. 2. The proposed development will/will not comply with applicable district, use, and development standards in the City of Tamarac Code of Ordinances. 3. The proposed development will/will not be compatible with the existing natural environment and community character of the properties within the immediate neighborhood. 4. The proposed development will/will not be desirable for public convenience, and not injurious or otherwise detrimental to the public health, safety, comfort, and welfare. 5. The proposed development will/will not minimize adverse effects, including noise, light, dust, or other potential nuisances, on adjacent properties to the greatest extent practicable. 6. The proposed development will/will not 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. The site area is/is not sufficient, appropriate, and adequate for the use and any reasonably anticipated expansion of the use. 8. The Special Exception shall only remain valid during the period of which the certificate of occupancy and business license remains active. 9. The Special Exception is transferable administratively pursuant to compliance with City of Tamarac Code of Ordinances, 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. Special Exception Board Order — Case No. 7-Z-22 Page 2 of+ Instr# 118595378 , Page 3 of 4 TBO#: 61 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 Exception Approval to allow for the use of a medical maryuana dispensary in the MU-N (Mixed - Use Neighborhood) Zoning District located at 6001 North University Drive, is hereby GRANTED subject to the following condition 1. Applicant agrees that any transfer of Special Exception including all associated conditions will be acknowledged by the new owner in writing. This document shall be recorded in the public records of Broward, County, Florida. DONE and ORDERED this i 'day of �EE f -- , 2022, in Tamarac, Florida. CITY COMMISSION CITY OF T'AMARAC, FLORIDA By. MICHE LE 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 'W��day of �� 2022. °o" ANN MARIE GORDON--^�_ :•�y Notary Public . State of Florida Commission 095695 'tf c F NOTARY PUBLIC, STATE OF FLORIDA My O m oires eo Orr,3orceC through Nationa", Notary Assn. Special Exception Board Order— Case No. 7-Z-22 Page 3 of+ Instr# 118595378 , Page 4 of 4, End of Document My Commission Expires: ,. This Board Order was filed in the Office of the City Clerk on this 11(i day of 202 Special Exception Board Order— Case No. 7-Z-22 Page 4 of 4