HomeMy WebLinkAboutCity of Tamarac Board Order BO-2023-08101%19 .:
Prepared by and Return to:
CITY OF TAMARAC
7525 NW 88'Avenue
Tamarac, Florida 33321-2401
Space Above This Line for Processing Data
>ve This Line for Recordin
FINAL ORDER FOR DEVELOPMENT PERMIT
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
BO — 2023 - Q_
HEARING DATE: February 22, 2023
CASE NO. 1-Z-23
IN RE: The Application of: Liberty Health Sciences DBA AYR Cannabis Dispensary
Location: 5100 West Commercial Blvd, Suites 13-14, Tamarac,
Florida 33319
Property Folio Identification Number: 4941-13-14-0010
Property Legal Description: BURKARD OFFICE PLAZA 80-47 B PARCEL A
LESS POR DESC AS COMM NW COR SEC 13-49-
41, E 62.09, S 60 TO POB, E 13, SW 27.70, NELY
20.56 TO POB
ORDER APPROVING SPECIAL EXCEPTION
Order granting Special Exception approval for AYR Cannabis Dispensary, to allow for the
use of a modified one (1) story, two -thousand six -hundred and eighty-five square feet (2,685
sq. ft.) leased space for a Medical Marijuana Dispensary within an existing plaza in the NC
(Neighborhood Commercial) zoning district, pursuant to the Tamarac Code of Ordinances.
Daniel Sparks of Liberty Health Sciences, designated agent for the property owner,
Blessed Chami's, Inc. (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 BURKARD
OFFICE PLAZA 80-47 B PARCEL A LESS POR DESC AS COMM NW COR SEC 13-49-41,
E 62.09, S 60 TO POB, E 13, SW 27.70, NELY 20.56 TO POB, located at 5100 West Commercial
Blvd, Suites 13-14, Tamarac, Florida ("Property").
Special Exception Board Order — Case No. 1-Z-23 Pagel of 3
TBO#: 68
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 NC
(Neighborhood Commercial) 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 February 1, 2023, and COULD NOT REACH a recommendation for the City Commission.
Following consideration of all testimony and evidence presented at the City Commission
hearing on February 22, 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 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 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.
Special Exception Board Order — Case No. 1-Z-23 Page 2 of 3
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 for the use of a medical marijuana dispensary in the NC (Neighborhood
Commercial) zoning district located at 5100 West Commercial Blvd, Suites 13-14, is hereby
GRANTED subject to the following conditions:
1. No medical marijuana dispensary is permitted to dispense from its premises marijuana
or a marijuana delivery device between the hours of 9: 00 p.m. and 7: 00 a.m.
2. All medical marijuana dispensary establishments offering or providing retail services
within the city shall be duly licensed by the state under F.S. §381.986, and shall
operate, provide security, signage and general conformance with F.S. §381.986, as
amended.
3. Approval of the special exception shall only remain valid during the period in which
the certificate of occupancy and business license remain active.
4. Approval of the special exception is contingent upon approval and completion of the
Building Permit for Interior Renovations and Safety, BP22-4112, through the Building
Department.
5. 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.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Special Exception Board Order — Case No. I -Z-23 Page 3 of 3
TBO#: 68
DONE and ORDERED this CZ,2 day of � , 2023, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
MICH 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 �3 day of ft; aOo23
-01)A-
NOTARY PUBLIC, STATE OF FLORIDA
My Commission Expires:
This Board Order was filed in the Office of the City Clerk on this P3�day o 2023
---- ------
;;r ►o'' ., ANN MARIE GORDON
may`; Notary Public State of Fl]Assn.
�K Commission = HH 0956
My Comm. Expires Feb 22,
B nded through National Notary
Special Exception Board Order — Case No. 1-Z-23 Page 4 of 3
Instr# 118700563 , Page 1 of 4, Recorded 02/27/2023 at 10:35 AM
Broward County Commission
Prepared by and Return to:
CITY OF TAMARAC
7525 NW 88`hAvenue
Tamarac, Florida 33321-2401
TBO#: 68
Space Above This Line for Processing Data
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
BO — 2023 — _Q$__
HEARING DATE: February 22, 2023
CASE NO. 1-Z-23
IN RE: The Application of: Liberty Health Sciences DBA AYR Cannabis Dispensary
Location: 5100 West Commercial Blvd, Suites 13-14, Tamarac,
Florida 33319
Property Folio Identification Number: 4941-13-14-0010
Property Legal Description: BURKARD OFFICE PLAZA 80-47 B PARCEL A
LESS POR DESC AS COMM NW COR SEC 13-49-
41, E 62.09, S 60 TO POB, E 13, SW 27.70, NELY
20.56 TO POB
ORDER APPROVING SPECIAL EXCEPTION
Order granting Special Exception approval for AYR Cannabis Dispensary, to allow for the
use of a modified one (1) story, two -thousand six -hundred and eighty-five square feet (2,685
sq. ft.) leased space for a Medical Marijuana Dispensary within an existing plaza in the NC
(Neighborhood Commercial) zoning district, pursuant to the Tamarac Code of Ordinances.
Daniel Sparks of Liberty Health Sciences, designated agent for the property owner,
Blessed Chami's, Inc. (the "Applicant") is requesting approval of Special Exception to allow for
the use of a medical marijuana dispensary at the subject property, legally described as BURKARD
OFFICE PLAZA 80-47 B PARCEL A LESS POR DESC AS COMM NW COR SEC 13-49-41,
E 62.09, S 60 TO POB, E 13, SW 27.70, NELY 20.56 TO POB, located at 5100 West Commercial
Blvd, Suites 13-14, Tamarac, Florida ("Property").
Special Exception Board Order — Case No. I -Z-23 Page I of 3
Instr# 118700563 , Page 2 of 4
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 NC
(Neighborhood Commercial) 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 February 1, 2023, and COULD NOT REACH a recommendation for the City Commission.
Following consideration of all testimony and evidence presented at the City Commission
hearing on February 22, 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.
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.
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.
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.
Special Exception Board Order — Case No. I -Z-23 Page 2 of 3
Instr# 118700563 , Page 3 of 4
U
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 for the use of a medical marijuana dispensary in the NC (Neighborhood
Commercial) zoning district located at 5100 West Commercial Blvd, Suites 13-14, is hereby
GRANTED subject to the following conditions:
1. No medical maryuana dispensary is permitted to dispense from its premises marijuana
or a marijuana delivery device between the hours of 9.- 00 p.m. and 7: 00 a.m.
2. All medical marijuana dispensary establishments offering or providing retail services
within the city shall be duly licensed by the state under F.S. §381.986, and shall
operate, provide security, signage and general conformance with F.S. §381. 986, as
amended.
3. Approval of the special exception shall only remain valid during the period in which
the certificate of occupancy and business license remain active.
4. Approval oJ'the special exception is contingent upon approval and completion of the
Building Permit far Interior Renovations and Safety, BP22-4112, through the Building
Department,
5. 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.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Special Exception Board Order — Case No. I -Z-23 Page 3 of 3
Instr# 118700563 , Page 4 of 4, End of Document
TBO#: 68
DONE and ORDERED this C�9 day of r' -� , 2023, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
MICHtLLE J. GOMEZ,
MAYOR
ATTEST:
, RLY
iqKIMDILLOMC
CITY CLERK
STATE OF FLORIDA
COUNTY OF BROWARD
I hereby certify that on this day, before me, by means of R1 physical presence or El 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 40-7 day of
NOTARY PUBLIC, STATE OF FLORIDA
My Commission Expires:
This Board Order was filed in the Office of the City Clerk on this 43day ofR" -1 202-:�
ANN MARIE GORD N
NN Notary Public - =State'.f Florida
on
Commission HH 095695
22 m Expires
s
My Comm. Expires Feb 22. 2025
. N I ,
Bgndk through National Notary Assn
Special Exception Board Order — Case No. I -Z-23 Page 4 of 3