HomeMy WebLinkAboutCity of Tamarac Board Order BO-2018-06' Prepared by and Return to:
Sam Goren
City Attorney
CITY OF TAMARAC
7525 NW 88th Avenue
Tamarac, Florida 33321-2401
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i emporary boaro uroer No. Lb
INSTR # 115235904
Recorded 08/01/18 at 11:42 AM
Broward County Commission
4 Page(s)
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BOARD ORDER
BEFORE THE CITY COMMISSION
CITY OF TAMARAC FLORIDA
BO - 2018 -
TBO-25
HEARING DATE: July 11, 2018
CASE NO.4-Z-18
IN RE: The Application of: Excelsior Charter of Broward
2099 West Prospect Road, Tamarac, Florida
Property Folio Identification Numbers: 494216180010
Property Legal Description: Prospect Plaza, Parcel A
ORDER APPROVING SPECIAL EXCEPTION
The applicant, Keith M. Poliakoff, the designated agent for the property owner,
Charter BD Tamarac Prospect, LLC (the "Applicant"), filed an application with the City of
Tamarac ("City") Department of Community Development for the following Special
Exception Use:
Special Exception approval to allow for the use of a public, non-profit
school (Excelsior Charter of Broward) in a RAC (Single -Family
Residential) Zoning District pursuant to the Section 24-133, Tamarac
Code of Ordinances.
Notice of the request for the Special Exception Use was given as required by
law. The City Commission ("the Commission") finds that the property is located in
a R-1 C (Single -Family Residential) Zoning District. Pursuant to Sections 2-370,
24-133 and 24-548 of the City of Tamarac Code of Ordinances, and following the
consideration of all testimony and evidence presented at the hearing on May 23,
2018, and the recommendation of the Planning Board the City Commission further
finds:
Special Exception Board Order — Case No. 4-Z-18
Page 1 of 4
(1) The proposed use is compatible with the existing natural
environment and community character of the properties within the
immediate neighborhood.
(2) The proposed use is deemed desirable for public convenience, and
not injurious or otherwise detrimental to the public health, safety,
comfort and welfare.
(3) The design of the proposed use shall minimize adverse effects,
including noise, light, dust or other potential nuisances, of the
proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria
consistent with the city regulations to the greatest extent possible.
Entire site shall be void of any pre-existing code violations.
(4) There are adequate parking areas and off-street truck loading
spaces (if applicable) consistent with the parking requirements of
the Code, and the layout of the parking and vehicular use areas is
convenient and conducive to safe operation consistent with the city
standards to the greatest extent possible.
(5) That there will be 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.
(6) That the land area is sufficient, appropriate and adequate for the
use and for any reasonably anticipated expansion thereof.
(7) That the site provides for a freestanding single use structure(s) unless
the school is accessory to a library, community service, museum,
performing arts, theater, cinema, church, Florida college system
institution, college or university facilities.
(8) That the site is a minimum of three (3) acres.
(9) That the site provides a student drop off area for motorists that is
dedicated to drop off activities and will not interfere with onsite parking.
The appropriate length and dimensions of the drop off area shall be
identified in the traffic study.
Special Exception Board Order — Case No. 4-Z-18 Page 2 of 4
C
Pursuant to the authority contained in Sections 2-370, 24-133 and 24-548 of the
City of Tamarac Code of Ordinances, the Applicant's application for a Special
Exception for the use of a public, non-profit school (Excelsior Charter of Broward),
as requested, and as set forth above for the location at 2099 W. Prospect Road,
Tamarac, Florida, is hereby, APPROVED, subject to the following conditions as
agreed to by the applicant:
1. The special exception shall only remain valid during the period of which the
certificate of occupancy and business license remains 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. Future fencing/gating of this property for security reasons shall be
accomplished without creating a stacking issue into either public rights -of -way
through the approval of a separate Building Permit.
4. The future installation of a playground area will require a submission for a
revision to the site plan prior to Building Permit submittal.
5. No more than two (2) 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. All previously approved landscaping including irrigation shall be restored to its
original state prior to occupancy of this site.
7. Correct all site issues including the replacement of all wheel stops, removal of
broken curbing, removal of defunct ground sign, removal of metal a/c cages
and picnic tables from parking area and the re -staking of the ADA accessible
sign in front of ADA space prior to the issuance of a certificate of occupancy.
8. Student enrollment shall be limited to no more than 450 students.
9. Grade level shall be Kindergarten through Eighth (8th) Grade.
This document shall be recorded in the public records of Broward, County, Florida.
SIGNATURE PAGE TO FOLLOW
Special Exception Board Order — Case No. 4-Z-18 Page 3 of 4
DONE and ORDERED this
Florida.
ATTEST:
PATRICIA TE FE CMC
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
SAMUELS. GOREN,
CITY ATTORNEY
day of "41
2018, in Tamarac,
MAYOR AND COMMISSION
CITY O T MARAC, FLORIDA
By:
WAFVRY RESSLER, MAYOR
RECORD OF COMMISSION VOTE. -
MAYOR DRESSLER
DIST 1: COMM BOLTON
DIST 2: V/M GOMEZ
DIST 3: COMM FISHMAN
DIST 4: COMM PLACKO
Special Exception Board Order — Case No. 4-Z-18 Page 4 of 4
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