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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 Space Above This Line for Processing D i emporary boaro uroer No. Lb INSTR # 115235904 Recorded 08/01/18 at 11:42 AM Broward County Commission 4 Page(s) #1 Space Above This Line for Recording 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 1 1 1