Loading...
HomeMy WebLinkAboutCity of Tamarac Board Order BO-2018-080 Prepared by and Return to: Sam Goren City Attorney CITY OF TAMARAC 7525 NW 88thAvenue Tamarac, Florida 33321-2401 Above This Line I emporary boars Urger No. 1/ INSTR # 115357260 Recorded 10/01/18 at 04:05 PM Broward County Commission 4 Page(s) #2 Space Above This Line for Recording BOARD ORDER BEFORE THE CITY COMMISSION CITY OF TAMARAC, FLORIDA BO - 2018 - og TBO-27 HEARING DATE: September 26, 2018 CASE NO. 13-Z-17 IN RE: The Application of: Alazhar School 7201 W. McNab Road, Tamarac, Florida Property Folio Identification Numbers: 494103020030 Property Legal Description: MC NAB COMMERCIAL SUB NO 1 71-13 B LOTS 1 THRU 5 BLK V, according to the Plat thereof recorded in Plat Book 71, Page 13, of the Public Records of Broward County. ORDER APPROVING SPECIAL EXCEPTION The applicant, Salah Elroweny, the designated agent for the property owner, Alazhar School, Inc. (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 private Pre-K — 8th grade school (Alazhar School) in a B-2 Planned Community Business District) Zoning District pursuant to the 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 B-2 (Planned Community Business District) 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 September 5, 2018, and the recommendation of the Planning Board the City Commission further finds: Special Exception Board Order — Case No. 13-Z-17 Page 1 of 4 (1) This application was filed prior to July 11, 2018 and is being considered under the Land Development Regulations and Zoning Map effective at the time of filing. (2) The proposed use is compatible with the existing natural environment and community character of the properties within the immediate neighborhood. (3) The proposed use is deemed desirable for public convenience, and not injurious or otherwise detrimental to the public health, safety, comfort and welfare. (4) 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. (5) 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. (6) 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. (7) That the land area is sufficient, appropriate and adequate for the use and for any reasonably anticipated expansion thereof. (8) 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. (9) That a Variance has been secured to allow to site to be 2.88 acres versus the minimum of three (3) acres required by Code. 1 Special Exception Board Order — Case No. 13-Z-17 Page 2 of 4 (10) 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. 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 private Pre-K — 8th grade school as requested, and as set forth above for the location at 7201 W. McNab 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. Any pre-existing code violations shall be satisfied before a certificate of occupancy is issued for the proposed use. 4. Approval of the special exception is contingent upon approval of the Major Revised Site Plan application for Alazhar School (Case #20-SP-17), by the City Commission. 5. Special Exception approval is contingent upon approval of the requested variance for Alazhar School (case #3-13-18). 6. Grade level shall be Pre -Kindergarten through Eighth (8th) Grade, 7. Student enrollment shall be limited to no more than 410 students. This document shall be recorded in the public records of Broward, County, Florida. SIGNATURE PAGE TO FOLLOW Special Exception Board Order —Case No. 13-Z-17 Page 3 of 4 DONE and ORDERED this c46 day of ��".� 2018, in Tamarac, Florida. ATTEST: PATRICIATEUFEL,�Md CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO� FORM: % I r I / %I WSAMUELS. GOREN, CITY ATTORNEY MAYOR AND COMMISSION CITY IOF T MARAC, FLOR By:f 9 HAYRY DRESSLER,, 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. 13-Z-17 Page 4 of 4 F�