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HomeMy WebLinkAboutCity of Tamarac Board Order BO-2023-09TBO#: 70 Prepared by and Return to: CITY OF TAMARAC 7525 NW 88`i'Avenue Tamarac, Florida 33321-2401 Space Above This Line for Processing Data )ace Above This Line for Recordin FINAL ORDER FOR DEVELOPMENT PERMIT BEFORE THE CITY COMMISSION CITY OF TAMARAC, FLORIDA BO — 2023 - 09 IN RE: The Application of: Location: Property Folio Identification Number: HEARING DATE: April 26, 2023 CASE NO. 2-Z-23 Worthy Moments Banquet Hall 5820 N. University Drive, Tamarac, Florida 33321 4941-10-03-2800 Property Legal Description: MAINLANDS OF TAMARAC LAKES NINTH SEC 67-48 B PARCEL A ORDER APPROVING SPECIAL EXCEPTION Order granting Special Exception approval for Worthy Moments Banquet Hall, to allow for the use of a modified one (1) story, one thousand six -hundred square feet (1,600 sq. ft.) leased space for a hall for hire within an existing plaza in the MU-N (Mixed -Use Neighborhood) zoning district, pursuant to the Tamarac Code of Ordinances. Ray Garcia of Law offices of Ray Garcia, P.A., designated agent for the property owner, Everland, LLC (the "Applicant") is requesting the 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 MAINLANDS OF TAMARAC LAKES NINTH SEC 67-48 B PARCEL A, located at 5820 North University Drive, 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 MU- N (Mixed -Use Neighborhood) zoning district. Special Exception Board Order — Case No. 2-Z-23 Page 1 of 4 TBO#: 70 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 April 5, 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 April 26, 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 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. 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-N (Mixed -Use Neighborhood) Special Exception Board Order — Case No. 2-Z-23 Page 2 of 4 TBO#: 70 zoning district located at 5820 North University Drive, 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 business can be conducted from the property without a valid Business Tax Receipt. 5. 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. 6. Approval of the special exception shall only remain valid during the period in which the certificate of occupancy and business license remain active. 7. Approval of the special exception is contingent upon approval and completion of the Building Permit for the Certificate of Occupancy "Safety", BP22-652, through the Building Department. 8. The 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. 2-Z-23 Page 3 of 4 TBO#: 70 DONE and ORDERED this a(�"( day of AP%-) 1-- , 2023, in Tamarac, Florida. CITY COMMISSION CITY OF TAMARAC, FLORIDA All, t:;�a MICH LLE J. GOMEZ, MAYOR ATTEST: AA L lf�IMBERLIY DILLON, 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 -71day of "g, I L 12023. .ice. w ANN MARIE GORDON Notary Public - State of Florida � & : Commission : HH 095645 My Comm. EmAres Feo 22. 20I5 90noed through National Notary Assn. C#Vsao-- NOTARY PUBLIC, STATE OF FLORIDA My Commission Expires: k(orf, AYL3 a a 3�a5 This Board Order was filed in the Office of the City Clerk on this day of 202_. Special Exception Board Order — Case No. 2-Z-23 Page 4 of 4 Instr# 118856041 , Page 1 of 4, Recorded 05/15/2023 at 04:24 PM 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 FINAL ORDER FOR DEVELOPMENT PERMIT BEFORE THE CITY COMMISSION CITY OF TAMARAC, FLORIDA BO — 2023 - 9 HEARING DATE: April 26, 2023 CASE NO. 2-Z-23 IN RE: The Application of: Worthy Moments Banquet Hall Location: 5820 N. University Drive, Tamarac, Florida 33321 Property Folio Identification Number: 4941-10-03-2800 Property Legal Description: MAINLANDS OF TAMARAC LAKES NINTH SEC 67-48 B PARCEL A ORDER APPROVING SPECIAL EXCEPTION Order granting Special Exception approval for Worthy Moments Banquet Hall, to allow for the use of a modified one (1) story, one thousand six -hundred square feet (1,600 sq. ft.) leased space for a hall for hire within an existing plaza in the MU-N (Mixed -Use Neighborhood) zoning district, pursuant to the Tamarac Code of Ordinances. Ray Garcia of Law offices of Ray Garcia, P.A., designated agent for the property owner, Everland, LLC (the "Applicant") is requesting the 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 MAINTLANDS OF TAMARAC LAKES NINTH SEC 67-48 B PARCEL A, located at 5820 North University Drive, 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 MU- N (Mixed -Use Neighborhood) zoning district. Spectal Exception Board Order — Case No. 2-Z-23 Page 1 of 4 Instr# 118856041 , Page 2 of 4 :N 1 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 April 5, 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 April 26, 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 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. 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-N (Mixed -Use Neighborhood) Special Exception Board Order — Case No. 2-Z-23 Page 2 of 4 Instr# 118856041 , Page 3 of 4 zoning district located at 5820 North University Drive, 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 business can be conducted from the property without a valid Business Tax Receipt. 5. All events associated with the Hall far 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. 6. Approval of the special exception shall only remain valid during the period in which the certificate of occupancy and business license remain active. 7. Approval of the special exception is contingent upon approval and completion of the Building Permit for the Certificate of Occupancy "Safety", BP22-652, through the Building Department. 8. The 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. 2-Z-23 Page 3 of 4 Instr# 118856041 , Page 4 of 4, End of Document DONE and ORDERED this c�( day of4-1 � �-- , 2023, in Tamarac, Florida. CITY COMMISSION CITY OF TAMARAC, FLORIDA Jut I t7k MICR LLE J. GOMEZ, MAYOR ATTEST: - klMhERLV DILLON, CMC CITY CLERK STATE OF FLORIDA ) COUNTY OF BROWARD ) I hereby certify that on this day, before me, by means of Z 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 -71—day of AP9, l L.- __, 2023. iij" AN— N MARiE GOR�Qti � a o-"'_ 'k- Notary Public - State of Florida Commission : r1N �o 2 NOTARY PUBLIC, My Comm.'exairesreo22. 22.425 STATE OF FLORIDA Bonded through National Notary Assn, My Commission Expires: k%Y-,a"Y n a °"' / " This Board Order was filed in the Office of the City Clerk on this day of 202. Special Exception Board Order - Case No. 2-Z-23 Page 4 of 4