HomeMy WebLinkAboutCity of Tamarac Board Order BO-2023-07TBO#: 69
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CITY OF TAMARAC
7525 NW 88' Avenue
Tamarac, Florida 33321-2401
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FINAL ORDER FOR DEVELOPMENT PERMIT
BEFORE THE CITY COMMISSION
CITY OF TAMARAC FLORIDA
BO — 2023 — U' l
HEARING DATE: February 22, 2023
CASE NO. 9-Z-22
IN RE: The Application of: Q 19 Banquet Hall
Location: 3878-3884 West Commercial Boulevard, Tamarac,
Florida 33309
Property Folio Identification Number: 4942-18-03-0030
Property Legal Description: TAMARAC BUSINESS CENTER SEC 2 61-50 B
LOTS 3 & 4, LESS PTS THEREOF DESC IN PAR
22 OF CA 77-20383 FOR RD BLK 1
ORDER APPROVING SPECIAL EXCEPTION
Order granting Special Exception approval for Q19 Banquet Hall, to allow for the use of
a modified one (1) story, three -thousand six -hundred and thirty-eight square feet (3,638 sq. ft.)
leased space for a hall for hire within an existing plaza in the MU-C (Mixed -Use Corridor) zoning
district, pursuant to the Tamarac Code of Ordinances.
William Dilley of Dilley Trial Law, PLLC, designated agent for the property owner,
James & Marta Batmasian (the "Applicant") is requesting approval of a Special Exception to allow
for the use of a hall for hire, commonly known as a banquet hall, at the subject property, legally
described as TAMARAC BUSINESS CENTER SEC 2 61-50 B LOTS 3 & 4, LESS PTS
THEREOF DESC IN PAR 22 OF CA 77-20383 FOR RD BLK 1, located at 3878-3884 West
Commercial Boulevard, Tamarac, Florida ("Property").
Special Exception Board Order — Case No. 9-Z-22 Page 1 of 4
TBO#: 69
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 MU-
C (Mixed -Use Corridor) 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 recommend to the City Commission, APPROVAL OF THE
APPLICATION WITH CONDITIONS.
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. 9-Z-22 Page 2 of 4
TBO#: 69
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 hall for hire in the MU-C (Mixed -Use Corridor)
zoning district located at 3878-3884 West Commercial Boulevard, is hereby GRANTED subject
to the following conditions:
1. No alcohol shall be served on the premises without obtaining the appropriate license(s)
from the State of Florida licensing authority.
2. Once an alcoholic beverage license is obtained, the facility shall not serve alcoholic
beverages between the hours of 2: 00 a.m. and 8: 00 a.m.
3. The facility shall not actively operate or host any functions between the hours of 2: 00 a.m.
and 6: 00 a.m.
4. No Food Trucks Permitted to Operate on the Site without a Valid Food Truck Permit.
5. No parking of vehicles is permitted within the Alleyway behind the business.
6. No business can be conducted from the property without a valid Business Tax Receipt.
7. All events associated with the Hall for Hire are to be conducted within the interior of the
business and no portion of the event is to be conducted within the Parking lot.
8. Approval of the special exception shall only remain valid during the period in which the
certificate of occupancy and business license remain active.
9. Approval of the special exception is contingent upon approval and completion of the
Building Permit for Interior Renovations and Safety, BP20-4924, through the Building
Department.
10. Applicant agrees that any transfer of Special Exception including all associated conditions
will be acknowledged by the new owner in writing.
IL Security will be provided for all events.
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. 9-Z-22 Page 3 of 4
TBO#: 69
DONE and ORDERED this o� a day of2023, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
MIC ELLE J. GOME , Ir
MAYOR
ATTEST:
KIMBERLY DI LON, 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 AS r4 day of F 666eU 2-_-: , 2023.
NOTARY PUBLIC, STATE OF FLORIDA
My Commission Expires:
This Board Order was filed in the Office of the City Clerk on this q?day of Jaowl 202 '?;>
:�a P ANN MARIE CORDON
Notary Public State of Florida
Commission: HH 095695
'? or My Comm. Expires Feb 22. 2025
Bonded through National Notary Assn.
Special Exception Board Order — Case No. 9-Z-22 Page 4 of 4
Instr# 118700514 , Page 1 of 4, Recorded 02/27/2023 at 10:26 AM
Broward County Commission
Prepared by and Return to:
CITY OF TAMARAC
7525 NW 88'Avenue
Tamarac, Florida 33321-2401
T-BO#: 69
Space Above This Line for Processing Data
lace Above This Line for Reeordin
BEFORE THE CITY COMMISSION
CITY OF TAMARACFLORIDA
BO 2023 - b l
HEARING DATE: February 22, 2023
CASE NO. 9-Z-22
IN RE: The Application of: Q19 Banquet Hall
Location: 3878-3884 West Commercial Boulevard, Tamarac,
Florida 33309
Property Folio Identification Number: 4942-18-03-0030
Property Legal Description: TAMARAC BUSINESS CENTER SEC 2 61-50 B
LOTS 3 & 4, LESS PTS THEREOF DESC IN PAR
22 OF CA 77-20383 FOR RD BLK 1
ORDER APPROVING SPECIAL EXCEPTION
Order granting Special Exception approval for Q19 Banquet Hall, to allow for the use of
a modified one (1) story, three -thousand six -hundred and thirty-eight square feet (3,638 sq. ft.)
leased space for a hall for hire within an existing plaza in the MU-C (Mixed -Use Corridor) zoning
district, pursuant to the Tamarac Code of Ordinances.
William Dilley of Dilley Trial Law, PLLC, designated agent for the property owner,
James & Marta Batmasian (the "Applicant") is requesting approval of a Special Exception to allow
for the use of a hall far hire, commonly known as a banquet hall, at the subject property, legally
described as TAMARAC BUSINESS CENTER SEC 2 61-50 B LOTS 3 & 4, LESS PTS
THEREOF DESC IN PAR 22 OF CA 77-20383 FOR RD BLK 1, located at 3878-3884 West
Commercial Boulevard, Tamarac, Florida ("Property").
Special Exception Board Order - Case No. 9-Z-22 Pagel of 4
Instr# 118700514 , Page 2 of 4
TBO#: 69
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 MU-
C (Mixed -Use Corridor) 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 I, 2023, and recommend to the City Commission, APPROVAL OF THE
APPLICATION WITH CONDITIONS.
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 1.0-5.3(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. 9-Z-22 Page 2 of 4
Instr# 118700514 , Page 3 of 4
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 hall for hire in the MU-C (Mixed -Use Corridor)
zoning district located at 3878-3884 West Commercial Boulevard, is hereby GRANTED subject
to the following conditions:
1. No alcohol shall be served on the premises without obtaining the appropriate license(s)
from the State of Florida licensing authority.
2. Once an alcoholic beverage license is obtained, the facility shall not serve alcoholic
beverages between the hours of 2.-00 a. in. and 8:00 a m.
3. The facility shall not actively operate or host any functions between the hours of 2.- 00 a.m.
and 6: 00 am.
4. No Food Trucks Permitted to Operate on the Site without a Valid Food Truck Permit.
5. No parking of vehicles is permitted within the Alleyway behind the business.
6 No business can be conducted from the property without a valid Business Tax Receipt.
7. All events associated with the Hall for Hire are to be conducted within the interior of the
business and no portion of the event is to be conducted within the Parking lot.
8. Approval of the special exception shall only remain valid during the period in which the
certificate of occupancy and business license remain active.
9. Approval of the special exception is contingent upon approval and completion of the
Building Permit for Interior Renovations and Safety, BP20-4924, through the Building
Department.
10. Applicant agrees that any transfer of Special Exception including all associated conditions
will be acknowledged by the new owner in writing.
11. Security will be provided.for all events.
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. 9-Z-22 Page 3 of 4
Instr# 118700514 , Page 4 of 4, End of Document
DONE and ORDERED this A a day of fe-8kM'-`-� , 2023, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMAR.AC, FLORIDA
I'lillat ,-
MIC EL -LE J. GOME ,
MAYOR
ATTEST:
KIMBERLY DI LON, CMC
CITY CLERK
STATE OF FLORIDA )
)H
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 A V-4- day of iti' 1 -`' 2023.
NOTARY PUBLIC, STATE OF FLORIDA
My Commission Expires:
This Board Order was filed in the Office of the City Clerk on this a3 day of laool 202'!�-
� r P ANN MARIE GORDO
Notary Public •State of,]
�r
Commission = HH 09
My Gomm. Expires Feb 2
Bonded through National Not
Special Exception Board Order - Case No. 9-Z-22 Page 4 of 4