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HomeMy WebLinkAboutCity of Tamarac Board Order BO-2023-06TBO#: 62 Prepared by and Return to: CITY OF TAMARAC 7525 NW 881 Avenue Tamarac, Florida 33321-2401 Space Above This Line for Processing Data Line for FINAL ORDER GRANTING DEVELOPMENT PERMIT BEFORE THE CITY COMMISSION CITY OF TAMARAC, FLORIDA BO — 2023 — O(o HEARING DATE: January 25, 2023 CASE NO. 6-Z-22 IN RE: The Application of: D&G Towing and Recovery, LLC Location: 2760 NW 55 Court, Tamarac, Florida 33309 Property Folio Identification Number: 4942-17-01-0300 Property Legal Description: LITTLE FARMS 27-29 B LOT 36 ORDER APPROVING SPECIAL EXCEPTION Order granting Special Exception approval for D&G Towing and Recovery, LLC, to allow for a proposed Auto Towing use in an 1-2 (Industrial) zoning district, pursuant to the Tamarac Code of Ordinances. Davion Silvera, designated agent for the property owner, Jarvi Corp & Associates (the "Applicant"), is requesting approval of a Special Exception to allow for an Auto Towing use on the subject property, legally described as LITTLE FARMS 27-29 B LOT 36, located at 2760 NW 55 Court, Tamarac, Florida ("Property"). 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 is in the I-2 (Industrial) zoning district. Pursuant to the authority contained in Section 10-5.4(G) of the City of Tamarac Code of Special Exception Board Order — Case No. 6-Z-22 Page I of 4 TBO#: 62 Ordinances, the Planning Board has reviewed the application, held a quasi-judicial public hearing on December 7, 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 January 25, 2023, 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 is/is 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 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. 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 subject to compliance with City Codes, all conditions of approval set forth herein (if any), and the submission of documentation and payment of all fees (if any). 10. Any pre-existing code violations shall be brought into compliance and any accrued liens 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. 6-Z-22 Page 2 of 4 TBO#: 62 Exception Approval to allow for an Auto Towing use in the I-2 (Industrial) zoning district located at 2760 NW 55 Court, is hereby GRANTED WITH CONDITIONS subject to the following conditions: 1. Approval of the special exception is contingent upon approval and completion of a Building Permit for Safety through the Building Department. 2. Approval of the special exception is contingent upon approval and completion of a Building Permit for the proposed improvements shown on the attached Boundary & Site Plan of Proposed Improvements through the Building Department (Minimum 6' High CBS Wall). 3. Any type of repair or refueling on the subject property is strictly prohibited. 4. The storage of commercial vehicles not related to the towing business itself, boats, trailers, containers, and fuel tanks are strictly prohibited. 5. The storage of junk or irreparable cars is strictly prohibited. 6. The auctioning of vehicles and other types of transport from the subject property is strictly prohibited. 7. Applicant agrees that any transfer of Special Exception including all associated conditions will be acknowledged by the new owner in writing. [INTENTIONALLY LEFT BLANK] Special Exception Board Order — Case No. 6-Z-22 Page 3 of 4 TBO#: 62 This document shall be recorded in the public records of Broward, County, Florida. DONE and ORDERED this 951' day of J A-NtA-klt� , 2023, in Tamarac, Florida. CITY COMMISSION CITY OF TAMARAC, FLORIDA /C&k1b'1 (&� - MIC14ELLE J. GOME , MAYOR ATTEST: KIMBERLY DILLON, CMC CITY CLERK STATE OF FLORIDA ) )H COUNTY OF BROWARD ) I hereby certify that on this day, before me, by means of R1 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 asp- day of ��� , 2023. ------------ �►F• a ANN MARIE GORDON Notary Public - State of Florida Commission - HH 095695 My Comm. Expires Feb 22, 2025 Bonded through National Notary Assn. NOTARY PUBLIC, STATE OF FLORIDA My Commission Expires: F&rkkf� a� ► �� as This Board Order was filed in the Office of the City Clerk on this ZS day of J;�,. 2023. Special Exception Board Order — Case No. 6-Z-22 Page 4 of 4 Instr# 118674836 , Page 1 of 4, Recorded 02/13/2023 at 10:33 AM Broward County Commission Prepared by and Return to: CITY OF TAMARAC 7525 NW 88'Avenue Tamarac, Florida 33321-2401 Space Above This Line for Processing Data BEFORE THE CITY COMMISSION CITY OF TAMARAC, FLORIDA BO — 2023 — d(o HEARING DATE: January 25, 2023 CASE NO.6-Z-22 IN RE: The Application of: D&G Towing and Recovery, LLC Location: 2760 NW 55 Court, Tamarac, Florida 33309 Property Folio Identification Number: 4942-17-01-0300 Property Legal Description: LITTLE FARMS 27-29 B LOT 36 ORDER APPROVING SPECIAL EXCEPTION Order granting Special Exception approval for D&G Towing and Recovery, LLC, to allow for a proposed Auto Towing use in an 1-2 (Industrial) zoning district, pursuant to the Tamarac Code of Ordinances. Davion Silvera, designated agent for the property owner, Jarvi Corp & Associates (the "Applicant"), is requesting approval of a Special Exception to allow for an Auto Towing use on the subject property, legally described as LITTLE FARMS 27-29 B LOT 36, located at 2760 NW 55 Court, Tamarac, Florida ("Property"). 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 is in the I-2 (Industrial) zoning district. Pursuant to the authority contained in Section 10-5.4(G) of the City of Tamarac Code of Special Exception Board Order — Case No. 6-Z-22 Page I of 4 Instr# 118674836 , Page 2 of 4 TBO#: 62 Ordinances, the Planning Board has reviewed the application, held a quasi-judicial public hearing on December 7, 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 January 25, 2023, 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 is/is 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 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. 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 subject to compliance with City Codes, all conditions of approval set forth herein (if any), and the submission of documentation and payment of all fees (if any). 10. Any pre-existing code violations shall be brought into compliance and any accrued liens 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. 6-Z-22 Page 2 of 4 Instr# 118674836 , Page 3 of 4 Exception Approval to allow for an Auto Towing use in the 1-2 (Industrial) zoning district located at 2760 NW 55 Court, is hereby GRANTED WITH CONDITIONS subject to the following conditions: 1. Approval of the special exception is contingent upon approval and completion of a Building Permit for Safety through the Building Department. 2. Approval of the special exception is contingent upon approval and completion of a Building Permit for the proposed improvements shown on the attached Boundary & Site Plan of Proposed Improvements through the Building Department (Minimum 6' High CBS Wall). 3. Any type of repair or refueling on the subject property is strictly prohibited. 4. The storage of commercial vehicles not related to the towing business itself, boats, trailers, containers, and fuel tanks are strictly prohibited. 5. The storage of junk or irreparable cars is strictly prohibited. 6. The auctioning of vehicles and other types of transport from the subject property is strictly prohibited. 7. Applicant agrees that any transfer of Special Exception including all associated conditions will be acknowledged by the new owner in writing. [INTENTIONALLY LEFT BLANK] Special Exception Board Order — Case No. 6-Z-22 Page 3 of 4 Instr# 118674836 , Page 4 of 4, End of Document TBO#: 62 This document shall be recorded in the public records of Broward, County, Florida. DONE and ORDERED this 9S111 day of TAIO"4� , 2023, in Tamarac, Florida. CITY COMMISSION CITY OF TAMARAC, FLORIDA miCj4ELLE J. GOME , 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 0 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 o? day of , 2023. ---- ------ ANN MARiE GORDON +; Notary Public - State of Floncla Commission a riH 095695 k ly My Comm. Expires Feb 22, 2025 BonCeC through satior:al Notary Assn. My Commission Expires: f�brcbt z 0� NOTARY PUBLIC, STATE OF FLORIDA -1- This Board Order was filed in the Office of the City Clerk on this Z s day of,. 202J. Special Exception Board Order — Case No. 6-Z-22 Page 4 of 4