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City of Tamarac Board Order BO-2014-03Temporary Board Order No. 01 Prepared by and Return to: Sam Goren City Attorney CITY OF TAMARAC 7525 NW 88TH Avenue Tamarac, Florida 33321-2401 Space Above This Line for Processing Data INSTR # 112583566 OR BK 51165 Pages 148 - 150 RECORDED 10/14/1410:06:59 AM BROWARD COUNTY COMMISSION DEPUTY CLERK 1037 #31 3 Pages Space Above This Line for Recordi BEFORE THE CITY COMMISSION CITY OF TAMARA.C, FLORIDA BOARD ORDER NO.2014 - 0 IN RE: The Application of: Temp. Board Order No. 01 HEARING DATE: September 10, 2014 CASE NO.7-Z-14 CHAMPS Career Prep High School 2099 West Prospect Road Tamarac, Florida 33321. Property Owner: Charter BC Tamarac Prospect, LLC. Property Identification Number: 494216180010 Property Legal Description: Prospect Plaza 136-2 B Parcel "A" ORDER APPROVING SPECIAL EXCEPTION USE The Applicant, Keith M. Poliakoff, Esq., and (the Applicant"), with the consent of Charter BC Tamarac Prospect, LLC, the owner of the above -referenced property (the "Property"), filed an application with the City of Tamarac ("City") Department of Community Development for the following Special Exception Use: ICY) SPECIAL EXCEPTION USE PURSUANT TO ARTICLE IV, SECTION 24- 54E AND ARTICLE III, DIVISION 19, SECTION 24-434 OF THE CITY OF TAMAR.AC CODE OF ORDINANCES, LAND DEVELOPMENT REGULATIONS (66LDRS99), TO ALLOW THE USE OF A CHARTER HIGH SCHOOL IN THE R-1C (SINGLE FAMILY RESIDENTIAL ZONING DISTRICT). Notice of the request for the Special Exception Use was given as required by law. Order 7-Z-14 Page 1 of 3 Temporary Board Order No. 01 Following the consideration of all testimony and evidence presented at the City Commission public hearing on September 10, 2014, and pursuant to Sections 2-370 , 24-552 and 24-549 of the City of Tamarac Code of Ordinances, the Tamarac City Commission ("Commission") finds as follows: r A. The Property is located in the R-1 C (Single -Family Residential Zoning District, B. The proposed use is listed as a Special Exception in the district where the Property is located. C. Special Exception uses require consideration and approval by the City Commission. D. The proposed use is compatible with the existing natural environment and community character of the properties within the immediate neighborhood E. The proposed use is deemed desirable for public convenience, and not injurious or otherwise detrimental to the public health, safety, comfort and welfare. F. The design of the proposed use minimizes adverse effects, including noise, light, dust or other potential nuisances, on adjacent properties through the use of building orientation, setbacks, buffers, landscaping and other design criteria consistent with the City's regulations to the greatest extent possible. G. There are adequate parking areas and off street loading spaces consistent with the parking requirements of the Code, and the layout of the parking and vehicular use area is convenient and conducive to safe operation consistent with the City standards to the greatest extent possible. H. That there is adequate provisions for traffic movement, both vehicular and pedestrian internal to the use and adequate measures exist or shall be taken to provide ingress and egress to the proposed use, for both vehicles and pedestrian, in a manner that minimizes traffic congestion in the public streets, and the use may not result in a significantly greater amount of traffic on local streets than would result from a development permitted by right. I. That the land area is sufficient, appropriate and adequate for the use and for any reasonably anticipated expansion thereof. J. That the use is located in a freestanding single use _structure(s). K. That the use is proposed on a minimum lot size of 3 acres. L. That the student drop off area for motorists is dedicated to drop off activities. A The Public Record, including sworn testimony and evidence established before and presented to the City Commission on September 10, 2014, is hereby incorporated by reference and made a part hereof. Order 7-Z-14 Page 2 of 3 Temporary Board Order No. 01 and as set forth above for the location at 2099 West Prospect Road is hereby APPROVED subject to the following conditions, to which the Applicant has agreed: 1. This approval is valid for a period of one (1) year, and shall become null and void, unless construction or use is substantially underway during such one-year period. 2. Add a full time security guard to maintain student and public safety. 3. Incorporate school staff to assist with traffic movement during the transitional period between 11:3 0 AM and 12 : 3 0 PM. 4. The school will not open for operation unless a minimum of 150 students are enrolled on or before July 15, 2015. Pursuant to Section 2-370(a), of the City of Tamarac Code of Ordinances, the City Attorney has prepared this Order. Pursuant to Section 2-370(g), of the City of Tamarac's Code of Ordinances, this Order shall be recorded in the public records of Broward County, Florida. DONE and ORDERED this day of , Tamarac, Florida. w , ,Y CL C I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: v SAMUEL S. GOREN, �11 CITY ATTORNEY MAYOR AND COMMISSION CITY OF TAMARAC, FLORIDA By: .r' - - . ' HARK DRES SLER, MAYOR 2014, in RECORD OF COMMISSION VOTE: MAYOR DRES SLER DIST 1: COMM BUSHNELL DIST 2: V/M GOMEZ DIST 3: COMM GLAS SER DIST 4: COMM PLACKO Order 7-Z-14 Page 3 of 3 No Text