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Home My WebLink AboutCity of Tamarac Resolution R-2017-135Temp Reso. No. 13034 November 29, 2017 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2017- - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING A REFUND OF $3,062.50 TO CALEB DELIARD, REPRESENTATIVE OF ODYSSEY ACADEMY K-8 CENTER FOR A SPECIAL EXCEPTION APPLICATION AND TRAFFIC CONSULTING SERVICES FEES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 28, 2017, Caleb Deliard, representative of Odyssey Academy K-8 Center ("Applicant"), submitted a Special Exception application and associated fee to the Community Development Department in the amount of $2,000.00 for the Odyssey Academy K-8 Center Special Exception project; and WHEREAS, the Applicant also submitted the required Traffic Study Consultant deposit fee, in the amount of $2,000.00, in association with the subject Special Exception project; and WHEREAS, after the submittal of the Special Exception application and justification letter, (attached hereto as Exhibit "1 ", incorporated herein and made a specific part thereof) the applicant and property owner were unable to reach a mutual leasing arrangement for the use of the subject property; and WHEREAS, on November 9, 2017, the applicant submitted a formal letter of request to withdraw the Special Exception petition; and WHEREAS, the Community Development Department staff has determined that the Special Exception application fee of $2,000.00 as well as the Traffic Consulting deposit fee of $2,000.00 (less $937.50 for preliminary consulting services) submitted by Caleb Deliard, representative of Odyssey Academy K-8 Center should be refunded as minimal resources were used to review the application; and Temp Reso. No. 13034 November 29, 2017 Page 2 WHEREAS, the Director of Community Development recommends approval of the Special Exception application and partial Traffic Consultant deposit fee refund; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac, Florida to authorize a refund in the amount of $3,062.50 submitted by Caleb Deliard, representative of Odyssey Academy K-8 Center, for the Special Exception application and partial Traffic Consultant deposit fees, collected for the Odyssey Academy K-8 Center project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution; all exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: That the City Commission hereby authorizes the appropriate City Officials to refund the Special Exception application fee for the Odyssey Academy K-8 Center project in the amount of $3,062.50 made payable to Caleb Deliard, Odyssey Academy K-8 Center, 6824 Broadmoore, North Lauderdale, Florida 33068. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp Reso. No. 13034 November 29, 2017 Page 3 SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: adoption. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this ATTEST: 4PATRICIAgTEUF L, CMC RK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM da of 2•� y2017. A 601 HARRY 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 DEVELOPMENT APPLICATION Date: � f-7 J 2,) 1-1 HTE Project No: Rco 0 0 o-oq- BSc)Project Name: ol �ilo-s-eti Ac-ackeiv,(,11 s, Cage NO: Z - 1-1 Master File #: 310 -77 Project Location: 20+9 "W96- Applicant's Name: Revi- (fk(,e6 Ded.2,4 Address: 69-ZLRrooiN-<)or� 1\1oe4C% Lz-c-,Jef8ode PL ZZO-U Phone No: 9 S L� G 2-1 '211 T Fax No: '-S 4- (,,(- 2 � � c:"� -------------- — SUBMISSION FEES DRAWINGS SUBMITTED Land Use Amendment ......... Plat/Dele,gation Request/Vacation/Easement Rezoning/Special Exception/Parking Waiver Site Plan (New, Major, Minor, Administrative) Variance/Sign Waiver Model Sales Engineering Fees: bepp'slit in 001-0000-343-9010 . ................... .... Renaming of Street Site Tl�n—Copies Zoning Interpretation Letter Traffic Study Deposit: 1,MURTIRAW, Traffic Study Payment: ,Deposit,1h 00 ' I " .0000-3411400 0 oo Sun -Sentinel Legal Ad Fees N —is -I � --- — - — —1 -check — RECEIPT: Copv check below (place in file): submit original form to Cashii(i;:�;'6f7flwith 1ce M r- C, E/) III CD 242 Cc) CD C. C ) c. &D t—N 0 ai I-- LJ 0- C> 2� L- W CIA ry- di ACC I Ck- -0 I-- Cr. CS - 8 Cni �x LAJ L.— CLI? LA.. F� C,�: LL, 20 —V= - 4, c- ILCD $ 0 cc W (a +1 <a -0 (Li C� C ?I I co C,,) LLI -0 GJ ru E-1 1=L . . . . Z. N cn ILA L U U) on 0 LS a CL 0 W E::: Ca CJ LIJ I= 0 0 r- O = 1=1 c7 CZ. F- L-1 1- I-- DEVELOPMENT APPLICATION Date: (0 " " (--7 HTE Project No: Pr-- - 1-I so00000}- Project Name: SSP-�j t C.Ot d Case No: Project Location: _ �o�`� -wtgci PKSpec,+ RoGa4 Applicant's Name: - - �`r � � upda �e Address: --7tW �►v .,.,.M., Phone No: Fax No: 6 -Z- 11 Master File #: 70 -1-7 �iZS(I� I AA,09- NOAA 1a e-(,Aal-e. SUBMISSION FEES DRAWINGS SUBMITTED Land Use Amendment Plat/Delegati :Re uest/Vacation/Easement Rezonin ecial Exceptio arking Waiver ,. 2, 000 . 00 Site Plan (New, ajor, M-i or, Administrative) Variance/Sign Waiver Model Sales Engineering Fees: Deposit in 001-0000-343-9010 Renaming of Street Site Plan Copies Zoning Interpretation Letter Traffic Study Deposit: Traffic Study Payment: R0 0 01. Sun -Sentinel Legal Ad Fees Misc: RECEIPT: Copy check below (place in file); submit original form to Cashier's Office with check No Text I s FOR STAFF USE ONLY: Community Development 7525 NW 88th Avenue Tamarac, FL 33321 Telephone (954) 597-3530 Fax (954) 597-3540 CASE #: (v - Z Master File #: Project #: P ci - 3o-c000 ) c� Date Received: e c.t(;wii Received by: -i kA; -� Zoning district: Land Use Classification: Surrounding zoning: North: South: East: West: Fee(s) Collected: J Z,ovv.,--,U Z-CASE DEVELOPMENT APPLICATION Special Exception (Incomplete Applications will not be accepted.) Project Name: Odyssey Academy K-8 Project Address (if applicable): 2099 West Prospect Road, Oakland Park, FI. 33309 Project Location: 2099 West Prospect Road, Oakland Park, Ff. 33309 Parcel Size: acres/sq. ft. Folio No. 494216-0010 Project Description: Educational Facility. Odyssey Private School Kindergarten roug ra e Applicant/Agent/Contact: Revd. Caleb Deriard Phone: 954-627-2718 / 954-662 4458 Address: 6824 Broadmoore North Lauderdale, FL 33068 Fax: E-Mail Address: calebdeliard@yahoo.com / hendrickartiste@gmail.com Property Owner's Name: Charter BC Tamarac Prospect Phone: 305-600-5001 Address: 19950 W. Country Club Drive #800, Aventura, FI. 33180 Revised 8/2016 2s -1 1 Justification Letter: The school's name is Odyssey Academy K-8 Center. Odyssey Academy K-8 is a Private school. Our facilities and funding are not provided by the federal, state, nor local government. Our funding will be provided through student tuition, endowments, scholarship/school voucher fiends, donations, and grants from religious/private n. The hours of Operation will be 7:00 AN to 3:00 P.M. The students' ages will range from 5 years old to 14 years old. The school has currently anticipated an enrollment of approximately 130 students. These students are not from a specific school relocating as a group to Tamarac. They are from different backgrounds, needs, and locations. For example, thirty of them (ages 5 to 14) are from Pastor Caleb's Church, two of Mr. Artiste's children (ages 6 and 12), and additional ones from other surrounding churches and organizations (zip codes: mostly 33309, 33068, and 33319) with strong commitment to join our school. The school will continue to accept students from Kindergarten through 8th grade until the building capacity is reached. Our mission is to improve the academic performance of all students whether they are below level, on level, above level, Gifted, ESE or ELL, by tailoring curriculum to individual learning styles, by focusing on strengths, by setting high academic expectations. The school will provide parents with flexibility to choose among diverse educational opportunities through an aggressive non-discriminatory marketing plan. Our projection is to expand on the ultimate occupancy of the buildings within a 5-year span. As professionals and trustworthy leaders in our communities, we will launch aggressive campaigns and advertising through radio, television, churches, and other social organizations to achieve that goal. Odyssey Academy will not discriminate on the basis of race, religion, or national or ethnic origin in the admission of students. Students with special needs or ESOL students will have equal opportunity both to apply and be enrolled. Staff will accommodate the needs of students enrolled at the school to ensure a positive learning experience. In addition to Foreign Languages, Odyssey Academy will be specializing in the ESE Program in order to serve children with disabilities who need specially designed instruction and related services. The special help they will be given at school is called Exceptional Student Education (ESE). The purpose of ESE is to help each child with a disability progress in school and prepare for life after school. ESE services include specially designed instruction to meet the unique needs of the child. ESE services may also include technology devices, therapy, special transportation, or other supports. There is no charge for ESE services. At this time, the 130 students will be in the Western building. We will be using only the cafeteria in the Eastern building to serve food, to dismiss, and to regroup students who use the bus service. According to our first projection, we have anticipated: Age Students Kindergarden _ 5-6 18 1st Grade 6-7 13 2nd Grade 7-8 16 3rd Grade 8-9 15 4th Grade 9-10 12 Sth Grade 10-11 11 6th Grade 11-12 16 7th Grade 12-13 13 8th Grade 13-14 16 The school's staff will arrive no later than 7:00 A.M. and leave by 3:30 P.M. The staff consists of 9 teachers, one per grade, averaging about 18 students per teacher. All 9 teachers will hold a bachelor's or higher degree with a major in elementary education which includes teaching reading at the K-12 level, or a bachelor's or higher degree with thirty (30) semester hours in elementary education. Courses in teaching K-12 to include each of the following according to the Florida Department of Education Standards: -Understanding the reading process and effective reading instruction, -Recognition and assessment, -Content and methods for teaching writing and language arts in grades K-12, -Content and methods for teaching science for grades K-12, -Content and methods for teaching social science for grades K-12, -Content and methods for teaching health education and physical education for grades K12, - -Content and methods for teaching art for grades K-12, -Content and methods for teaching music for grades K-12, -Content and methods for teaching mathematics for grades K-12, and -Materials for use in grades K-12 such as children's literature, multi -media materials, library materials, and the computer as an instructional tool. These teachers had not taught these students before. However, during our interviewing process, we have come across some qualified teachers who worked for some of the schools that were closed by the State in the areas of our search. The administration consists of- 1 Principal, 1 Assistant -Principal. The Principal and the Assistant -Principal are not from the same school. Our prospective Principal, Dr. Bonheur, has a Master's Degree in Education Administration from Temple University, Philadelphia and a Principal Certification by the Florida Department of Education. He has worked as a High School Principal for the SCI Coal Township School, in Coal Township Pennsylvania for over 2 years. We have not named an Assistant - Principal yet. - 1 Counselor. The role of a school counselor is vital for Odyssey Academy. Children, early adolescents, and adolescents face unique and diverse challenges, both personally and developmentally, that have an impact on academic achievement. Our counselor will not only be there to help make schedule changes for students who want to drop a class and deal with unruly students in the school, but also will be there to help all students in the areas of academic achievement, personal/social development and career development, ensuring that our students become the productive and well -adjusted adults of tomorrow. - 1 Secretary/Registrar. - The cafeteria staff will consist of 1 cafeteria manager and 2 serving personnel. - The Janitorial staff will consist of I janitor and I maintenance person. - There will be a full-time security guard who will work from 6:30 AN to 4:30 P.M. with an hour for lunch. The Security Guard will be patrolling the school property and performing other duties in his/her capacity during the hours of operation such as assisting in the transition to dismissal. - There will be 2 bus drivers. - All of the mentioned positions are frill time positions. Additional staff will be hired as the school grows. According to our first projection and committed parents, about 123 students will use our two 68- Passenger Freightliners Florida standards approved school busses. Very few of the parents that we have interviewed have expressed the desire to drop off their children before going to work. Drop off will begin at 7:30 A.M. and Pick up will begin at 3:00 P.M. There should not be any students in the building by 3:15 P.M. Any student in the building after 3:15 P.M. will be taken to the administration office where proper supervision will be provided until the parent/guardian arrives. Students who use the bus service will exit the building through the back door, towards the busses. Teachers will supervise the transition from the building to the busses. Currently, 80% to 95% of students will use the bus service. Bus students will be sent to the cafeteria at 2:55pm. Designated staff will be assigned to dismissal duty along with a security guard to assist in the transition to dismissal. Students will be given their assigned bus cards. These cards will contain the students' contact information and assigned bus number. The school owns two 68-Passenger Freightliners Florida standards approved school busses. The busses will be inspected monthly by a state certified inspector. Students who are in "car rider" will be dismissed at 3:00pm based on a color -coded card to determine grade level, authorization of pick up from the person carrying card, and student's name. Every student will receive 2 cards. There will not be a playground for now in the facility. As an alternative, our school will offer a variety of indoor activities such as Yoga, Boxercise, Dance, Music, Aerobics etc.... Students will be served lunch through the National School Lunch Program (NSLP). There will be no cooking at the school. School lunch arrives individual sealed packages. The food will be placed in a health department approved food warmer until lunch time. The food arrives approximately at 10:30 A.M. and lunch time begins at 11:00 A.M. Odyssey Academy K-8 is in compliance with all 9 standards for of approval for Special Exception for school use according to Section 24-548 of the City's Code of Ordinances. (1) The proposed use is compatible with the existing natural environment and community character of the properties within the immediate neighborhood. Odyssey Academy K-8 will operate in two existing buildings with a combined building area of 18,205 square feet out of 18, 764 total square footage, to create a private school serving grades K through 8. There is approximately 535 feet of storage from the Odyssey Academy property line to the drop off/pick-up area. Both buildings were previously used as the Kathleen C. Wright Private School, which served grades K through 8 and had an enrollment of 232 students prior to its closure in 2013. In 2014, this site was approved by the City of Tamarac to house the CHAMPS Career Prep High School with an expected student enrollment of 400 students in two sessions per day of 200 students each. (2) The proposed use is deemed desirable for public convenience, and not injurious or otherwise detrimental to the public health, safety, comfort and welfare. Odyssey Academy K-8 will operate in two existing buildings with a combined building area of 18,205 square feet out of 18, 764 square footage. The two buildings are properly and safely fenced in order to minimize any safety issues to the public. Access to the properties will be via two driveways as follows: 0 The south -side driveway connects to Prospect Road at the southeast corner of the property. The driveway connection provides for right-in/right-out access. 0 The west -side driveway connects to NW 21st Avenue at the northwest corner of the property. This driveway connection also provides for right-in/right-out access. Since Odyssey Academy is a private school, no hazardous materials will be used in the property, as there will be mandatory inspections by both the Fire Department and the Department of Health. Moreover, Odyssey Academy is expected to have between 80 to 95 percent of its student population arrive and depart via school bus, which makes the use of this location 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. As a corner -lot location with significant driveways and parking lots, 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 and the 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. As noted above, 80 to 95 percent of the student population is expected to arrive and depart the Odyssey Academy via school bus. The remaining 5 to 25 students are expected to be transported by parents in personal vehicles, but those vehicles are not expected to be parked at the school under ordinary conditions. However, if the parent vehicles were to be parked, together with 25 teachers and administrative staff, there is expected to be a maximum student and employee parking demand of 50 parking spaces if all were parked on site at the same time. Comparing the parking demand to the 133-available parking spaces on site confirms that there are an ample number of parking spaces to accommodate the demand. Reviewing the City of Tamarac's Code of Ordinances, 47 parking spaces are required to satisfy code. With 133 parking spaces, including five handicap parking spaces, Odyssey Academy provides far more parking than is required. (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. (See Traffic Study) A key element of school operations is the queuing of vehicles for the drop-off/pick-up operations by parents. Figure 4 — Vehicle Circulation Plan shows the intended method for access to the school from NW 21stAvenue, circulation through the site, and the exiting movement onto Prospect Road. As the figure demonstrates, there is approximately 535 feet of storage from the Odyssey Academy property line to the dropoff/ pick-up area. The actual drop-off/pick-up area is expected to accommodate up to three vehicles at any one time since it is approximately 75 feet long. Note that Figure 4 also shows the location of school staff who will supervise the drop-off/pick-up operations. The school staff members will ensure that on -site traffic circulates well. School staff will also be posted at both the Prospect Road driveway and the NW 21st Avenue driveway to ensure that parents only enter off NW 21 st Avenue and exit onto Prospect Road. Note that the two buses transporting students are expected to use the same drop- off/pickup location as the passenger vehicles. To reinforce the one-way operation of the Odyssey Academy parking lot, there is an existing "Exit Only" sign facing anyone attempting to head north within the property on the east side of the school, as shown in Figure 4. (See Traffic Study) (6) That the land area is sufficient, appropriate and adequate for the use and for any reasonably anticipated expansion thereof. Odyssey Academy K-8 will operate in two existing buildings with a combined building area of 18,205 square feet out of 18, 764 square footage. There are no plans for an expansion or construction of any kind. The school administration is composed of Revd. Dr. Caleb D61iard, Professor Samuel Artiste, and Dr. Dalton Jails Bonheur. Reverend Dr. D6liard received an Honorary Doctorate at Biblical and Theological Seminary of Florida, a Master's in Theology (THM), a Master's in Counseling, a Bachelor's in Pre -Seminary and Missions, and studied at the International Institute of Human Rights in France (Foundations Rena Cassin). He has been working at Broward College as Professor of World Religions and Introduction to Religion for 13 years and at New Orleans Theological Seminary for 7 years. He is the Senior Pastor, Founder of Victory of Grace Church of Fort -Lauderdale, and President of the Haitian Association of the C&MA (USA). Professor Artiste holds a Master's Degree in TESOL (Teaching English to Speakers of Other Languages) and a Bachelor's in Spanish and Linguistics. He has worked as a SR Curriculum Support Specialist at Broward College South Campus for over twenty-two years where he performed ongoing evaluations of lab efficiency, procedures, and services. He has also assisted in marketing and public relations for the Foreign Language Program in collaboration with the Communications Department at South Campus. As an International Student Career Advisor for two consecutive years at North Campus, Mr. Artiste had assisted International students in scheduling, registering, making career decision, and transferring. He had also worked as Assistant Orientation Coordinator for the Student Affairs Department where he planned, created, facilitated Orientation for First -Tune Enrolled Students, conducted surveys, did assessment results, and proposed program changes. Dr. Dalton Jails Bonheur received a Doctorate in Divinity from Sliddel Baptist Seminary, Louisiana, a Master's Degree in Education Administration from Temple University, Philadelphia, and a Principal Certification by the Florida Department of Education. Dr. Bonheur has worked as a High School Principal for the SCI Coal Township School, in Coal Township Pennsylvania for over 2 years. He is presently working as a college assistant program advisor for young Men's Preparatory Academy, in Miami Dade County, preparing students for college readiness, scholarships, and financial aid. He had also worked within the Harrisburg School District for more than ten years as a second -grade teacher, World Language teacher, both French and Spanish, Computer Technology instructor, and Literature and History Professor at Central Penn College. Contact Information: Dr. Dalton Jall's Bonheur 717-903-9315 jallscholarowaol.com Revd Dr. Caleb Deliard 954-627-2718 calebdeliardCayahoo.com Mr. Samuel Hendrick Artiste 954-662-4458 hendrickartiste a,gmail.com Respectfully Submitted by: Odyssey Academy K-8 2099 West Prospect Road Tamarac, Florida 33309 DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEEDINGS DATE: 8/2/2017 PROJECT NAME: Odyssey Academy K-8 IN THE MATTER OF: ANY PERSON APPEARING ON YOUR BEHALF, IN YOUR ABSENCE, MUST BE DESIGNATED AS YOUR AGENT ON THIS FORM OR SUCH PERSON WILL NOT BE ENTITLED TO SPEAK AT THE QUASI-JUDICIAL HEARING AND THE MATTER MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY. REVD . CALEB DELIARD , WILL ATTEND THE QUASI-JUDICIAL HEARINGS TO BE (Pent Name of Designated Agent) HELD IN MY ABSENCE. IN ADDITION, REVD. CALEB DELIARD (Print Name of Designated Agent) HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO ODYSSEY ACADEMY K-8 , LOCATED AT 2099 W Prospect: Road, Tamarac FL 33309 (Name of the Project) (Address of the Subject Property) TI{IS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATURE OF OWNER: (Print Name of Property Owner) L�2- '�-/ /kIYAl STATE OF FLORIDA: COUNTY OF BROWARD: ADDRESS AND PHONE NO. OF DESIGNATED AGEN ok North Lauderdale. L 33068 Phone: 954-627-2718 Fax: Tie foregoing instrument was acknowledged before me this Z day of , 20L, by -'Q 6�co / r}g� p! , owner of property, who is )oa�rsonally known to me or has produced identification ( )and (Type of Identification) vvlo (did/did not) take an oath. „uuuq `MARINE PECLET 4. yPp: y. MaryPublic tate o Florida Notary Public • State of Florida Commission # GG 035060 My Comm. Expires Oct 10.2020 � . �'� °Fuw `�� + Boeded through National Notary Assn. a -Ipp�e or Print Name of Notary Y, IN Commission Expires: (Ol t d/�90 Z 0