HomeMy WebLinkAboutCity of Tamarac Board Order BO-2023-17TBO#: 81
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CITY OF TAMARAC
7525 NW 881 Avenue
Tamarac, Florida 33321-2401
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FINAL BOARD ORDER DEVELOPMENT PERMIT
BEFORE THE CITY COMMISSION
CITY OF TAMARACRIDA
BO — 2023 —�_
HEARING DATE: December 13, 2023
CASE NO. 8-Z-23
IN RE: The Application of i9 Restaurant & Nightclub
Location: 5305 North State Road 7, Tamarac, Florida 33319
Property Folio Identification Number: 4941-13-17-0010
Property Legal Description: COMMERCIAL PLAZA 82-50 B PARCEL A
FINAL ORDER APPROVING SPECIAL EXCEPTION
Order granting Special Exception approval for i9 Restaurant & Nightclub, to allow for a
nightclub, with a minimum of 140 ft. separation from the closest residentially zoned property
in the MU-C (Mixed -Use Corridor) zoning district, pursuant to the Tamarac Code of Ordinances.
Daniel Aaronson of Benjamin, Aaronson, Edinger, & Patanzo, P.A., designated agent
for the property owner, Anastasia Say Corporation (the "Applicant"), is requesting approval of a
Special Exception to allow for a Nightclub use on the subject property, legally described as
PARCEL "A," "COMMERCIAL PLAZA" ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 82, PAGE 50 OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA, located at 5305 N. State Road 7, 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-
C (Mixed -Use Corridor) zoning district.
Special Exception Board Order — Case No. 8-Z-23 Page 1 of 4
TBO#: 81
Pursuant to the authority contained in Section 10-5.4(G) of the City of Tamarac Code of
Ordinances, the Planning Board reviewed the application, held a quasi-judicial public hearing on
December 6, 2023, and recommended to the City Commission, APPROVAL OF THE
APPLICATION WITH CONDITIONS.
Following consideration of all testimony and evidence presented at the City Commission
hearing on December 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:
a) That the proposed development will be consistent with the Comprehensive Plan.
b) That the proposed development will comply with applicable district, use, and
development standards in the City of Tamarac Code of Ordinances.
c) That the proposed development will be compatible with the existing natural
environment and community character of the properties within the immediate
neighborhood.
d) 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.
e) That the proposed development will minimize adverse effects, including noise,
light, dust, or other potential nuisances, on adjacent properties to the greatest
extent practicable.
f) That the proposed development will include adequate provisions for safe and
convenient vehicular and pedestrian traffic movement to, from, and through the
site that minimize traffic congestion in the public streets.
g) That the site area is sufficient, appropriate, and adequate for the use and any
reasonably anticipated expansion of the use.
h) That the Special Exception shall only remain valid during the period of which the
certificate of occupancy and business license remain active.
i) That the Special Exception is transferable administratively subject to compliance
with City Codes, submission of documentation and payment of all fees (if any).
j) Any pre-existing code violations shall be brought into compliance 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 a Nightclub use in the MU-C (Mixed -Use Corridor) zoning
Special Exception Board Order — Case No. 8-Z-23 Page 2 of 4
TBO#: 81
district located at 5305 N. State Road 7, is hereby GRANTED WITH CONDITIONS subject to
the following conditions:
1. The approval of the special exception is contingent upon approval and completion of the
Building Permit for Interior Renovations and Safety, BP16-3957, through the Building
Department.
2. The special exception shall only remain valid during the period of which the certificate of
occupancy and business license remains active.
3. The special exception is transferable administratively pursuant to compliance with City
Codes, submission of documentation, and payment offees only after the previous condition
has been met.
4. The sales of alcohol shall adhere to Chapter 3, Tamarac Code of Ordinances.
5. A minimum of two (2) security guards or other staff designated for patron safety shall be
provided during entertainment offerings and evening hours. Any armed or professionally
certified security guard should be licensed and bonded by the State.
6. All events associated with the nightclub are to be conducted within the interior of the leased
space and no portion of the event is to be conducted within the parking lot.
7. No parking of vehicles is permitted within the neighboring parking lots, Tamarac Town
Square Plaza & Lakeside Plaza.
8. The operation of valet parking shall adhere to Chapter 10-4.3, Tamarac Code of
Ordinances.
9. The City Commission hereby establish that the existing one hundred forty (140) feet
separation between i9 Restaurant & Nightclub and Island Club Apartments and any
residentially zoned property is appropriate and suitable , per Code Section 10-3.3(D)(10).
This document shall be recorded in the.. pubic recordl bf Broward, County, Florida.
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Special Exception Board Order — Case No. 8-Z-23 Page 3 of 4
DONE and ORDERED this IS (k day of 7eC,0�� 1 P-,eEA. , 2023, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
i X
MIC ELLE J. GO Miff ,
MAYOR
ATTEST:
KIMBEERRL 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.
Swornto and subscribed before me this 0day of �� �� IZ — , 2023.
My Commission Expires:
ANN mu '6AR
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Notary h,blic -State of Florida
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My Comm. Expires Feb 22. 2025
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PUBLIC, STATE OF FLORIDA
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This Board Order was filed in the Office of the City Clerk on this AS day of 6-t_ 2023.
Special Exception Board Order — Case No. 8-Z-23 Page 4 of 4