HomeMy WebLinkAboutCity of Tamarac Board Order BO-2023-15TBO#: 79
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CITY OF TAMARAC
7525 NW 881Avenue
Tamarac, Florida 33321-2401
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FINAL BOARD ORDER DEVELOPMENT PERMIT
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
BO-2023— 15
HEARING DATE: September 13, 2023
CASE NO.3-Z-22
IN RE: The Application of: Bethlehem Junior Academy
Location: 2099 W Prospect Road, Tamarac, Florida 33319
Property Folio Identification Number: 494216180010
Property Legal Description: PARCEL "A," "PROSPECT PLAZA" ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 136, PAGE 2 OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA
FINAL ORDER APPROVING SPECIAL EXCEPTION
Order granting Special Exception approval for Bethlehem Junior Academy, to allow for
a school in the R-3 (Multi -Family Residential) zoning district, pursuant to the Tamarac Code of
Ordinances.
Keith Poliakoff, Esquire, designated agent for the property owner, Charter BC Tamarac
Prospect, LLC (the "Applicant"), is requesting approval of a Special Exception to allow for a
School use on the subject property, legally described as PARCEL "A," "PROSPECT PLAZA"
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 136, PAGE 2 OF
THE' PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, located at 2099 W. Prospect
Road, Tamarac, Florida ("Property").
Special Exception Board Order — Case No. 6-Z-23 Page 1 of 4
TBO#: 79
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
Ordinances, the Planning Board has reviewed the application, held a quasi-judicial public hearing
on August 2, 2023, and recommend to the City Commission, APPROVAL OF THE
APPLICATION.
Following consideration of all testimony and evidence presented at the City Commission
hearing on September 13, 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 Special Exception shall only remain valid during the period of which the
certificate of occupancy and business license remains active.
8. 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).
9. 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. 6-Z-23 Page 2 of 4
TBO#: 79
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), and 10-3.3(C)(11)(a) of the City of Tamarac Code of Ordinances, the Applicant's
request for Special Exception Approval to allow for a School use in the R-3 (Multi -Family
Residential) zoning district located at 2099 W. Prospect Road, is hereby GRANTED/GRANTED
WITH CONDITIONS subject to the following condition:
1. The special exception shall only remain valid during the period of which the certificate of
occupancy and business license remain active.
2. The special exception is transferable administratively pursuant to compliance with City
Codes, submitting documentation and payment of fees only after the previous condition
has been met.
3. Applicant agrees that any transfer of Special Exception including all associated
conditions will be acknowledged by the new owner in writing.
4. Any future fencing/gating of the subject property for security reasons shall be
accomplished without creating a stacking issue into either public right-of-way through the
approval of a separate Building Permit.
5. No buses will be stored on the property at any time unless a site plan revision is submitted
and approved to revise the existing parking lot.
6. The parent drop-off/pick-up operation shall be monitored by school staff to ensure that
vehicle queues do not affect the public right-of-way, including the northbound right -turn
lane on NW 21 Avenue. Staggered start and release times shall be provided if vehicle
queues affect the public right-of-way. Site Plan Approval (Minor) will be required to add
a second drop-off/pick-up lane if vehicle queues continue to affect the public right-of-way
following the application of staggered start and release times.
"This remainder of this page is left blank intentionally",..,.,r,
Special Exception Board Order — Case No. 6-Z-23 Page 3 of 4
TBO#: 79
This document shall be recorded in the public records of Broward, County, Florida.
DONE and ORDERED this Wk day of tr —� , 2023, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
1��36tql 1-1
MI HELLE J. GOMIJZ,
MAYOR
ATTEST:
ZAAFRII 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 Jam— day ofM� , 2023.
,� • ANN MARIE CORDON
`±P, Notary Public - State of Florida
° p` Commission 9 HH 095695
ry? a�r�'` My Comm. Expires Feb 22, 2025
Bonded through National Notary Assn.
My Commission Expires:
NOTARY PUBLIC, STATE OF FLORIDA
This Board Order was filed in the Office of the City Clerk on this day of� 202_.
Special Exception Board Order — Case No. 6-Z-23 Page 4 of 4
Instr# 119128921 , Page 1 of 4, Recorded 09/27/2023 at 03:18 PM
Broward County Commission
Prepared by and Return to:
CITY OF TAMARAC
7525 NW 881hAvenue
Tamarac, Florida 33321-2401
TBO#: 79
Space Above This Line for Processing Data
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
BO — 2023 - 157
HEARING DATE: September 13, 2023
CASE NO.3-Z-22
IN RE: The Application of: Bethlehem Junior Academy
Location: 2099 W Prospect Road, Tamarac, Florida 33319
Property Folio Identification Number: 494216180010
Property Legal Description: PARCEL "A," "PROSPECT PLAZA" ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 136, PAGE 2 OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA
FINAL ORDER APPROVING SPECIAL EXCEPTION
Order granting Special Exception approval for Bethlehem Junior Academy, to allow for
a school in the R-3 (Multi -Family Residential) zoning district, pursuant to the Tamarac Code of
Ordinances.
Keith Poliakoff, Esquire, designated agent for the property owner, Charter BC Tamarac
Prospect, LLC (the "Applicant"), is requesting approval of a Special Exception to allow for a
School use on the subject property, legally described as PARCEL "A," "PROSPECT PLAZA"
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 136, PAGE 2 OF
THE' PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, located at 2099 W. Prospect
Road, Tamarac, Florida ("Property").
Special Exception Board Order — Case No. 6-Z-23 Pagel of 4
Instr# 119128921 , Page 2 of 4
TBO#: 79
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 1-2
(Industrial) 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 August 2, 2023, and recommend to the City Commission, APPROVAL OF THE
APPLICATION.
Following consideration of all testimony and evidence presented at the City Commission
hearing on September 13, 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 Special Exception shall only remain valid during the period of which the
certificate of occupancy and business license remains active.
8. 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).
9. 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. 6-Z-23 Page 2 of 4
Instr# 119128921 , 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), and 10-3.3(C)(11)(a) of the City of Tamarac Code of Ordinances, the Applicant's
request for Special Exception Approval to allow for a School use in the R-3 (Multi -Family
Residential) zoning district located at 2099 W. Prospect Road, is hereby GRANTED/GRANTED
WITH CONDITIONS subject to the following condition:
The special exception shall only remain valid during the period of which the certificate of
occupancy and business license remain active.
2. The special exception is transferable administratively pursuant to compliance with City
Codes, submitting documentation and payment of fees only after the previous condition
has been met.
3. Applicant agrees that any transfer of Special Exception including all associated
conditions will be acknowledged by the new owner in writing.
4. Any future fencing/gating of the subject property for security reasons shall be
accomplished without creating a stacking issue into either public right-of-way through the
approval of a separate Building Permit.
5. No buses will be stored on the property at any time unless a site plan revision is submitted
and approved to revise the existing parking lot.
6. The parent drop-off/pick-up operation shall be monitored by school staff to ensure that
vehicle queues do not affect the public right-of-way, including the northbound right -turn
lane on NW 21 Avenue. Staggered start and release times shall be provided if vehicle
queues affect the public right-of-way. Site Plan Approval (Minor) will be required to add
a second drop-off/pick-up lane if vehicle queues continue to affect the public right-of-way
following the application of staggered start and release times.
"This remainder of this page is left blanit intentionall
Special Exception Board Order — Case No_ 6-Z-23 Page 3 of 4
Instr# 119128921 , Page 4 of 4, End of Document
Isc�iF3L•7
This document shall be recorded in the public records of Broward, County, Florida.
DONE and ORDERED this P2 day of � t , 2023, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
.6(ql 1--�
MI HELLE J. GOM Z,
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 day of , 2023.
4 •r ANN MARIE GORDON
`> `: Notary Public - State of Florida
Commission x HH 095695
My Comm. Expires Feb 22. 2025
Bonded through National Notary Assn.
My Commission Expires:
NOTARY PUBLIC, STATE OF FLORIDA
This Board Order was filed in the Office of the City Clerk on this day of�k. 202_.
Special Exception Board Order - Case No. 6-Z-23 Page 4 of 4