HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-013Temp Reso. No. 12441
December 23, 2013
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-201413
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A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING A SPECIAL
EXCEPTION PETITION (WITH CONDITIONS) TO
ALLOW FOR THE USE OF AN ADULT DAYCARE
FACILITY WITHIN A B-3 (GENERAL BUSINESS
DISTRICT) ZONING DISTRICT; FOR THE SUBJECT
PROPERTY LOCATED AT 7800 UNIVERSITY DRIVE
(SPECIFICALLY, LOTS 22 AND 23, BLOCK 11, OF THE
LYONS COMMERCIAL SUBDIVISION NO. 3,
ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 76, PAGE 31, OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA)
PURSUANT TO SECTION 24-434 OF THE TAMARAC
CODE OF ORDINANCES; (CASE NO. 11-Z-13)
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 24-434 of the Code of Ordinances of the City of Tamarac,
Florida provides for the granting of a Special Exception for an Adult Care Facility; and
WHEREAS, Scott Backman, Esquire-Dunay, Miskel, Backman and Blattner, the
Designated Agent for the property owner, Tamarac Fortune Limited Partnership, is
requesting approval of a Special Exception petition to allow for the for the use of an Adult
Daycare Facility within a B-3 (General Business District) zoning district pursuant to Section
24-434 of the City's Code of Ordinances; for the property at located 7800 University Drive
(specifically, Lots 22 and 23, Block 11, of the Lyons Commercial Subdivision No. 3,
according to the plat thereof, as recorded in Plat Book 76, Page 31, of the public records of
Broward County, Florida); and
WHEREAS, the proposed Special Exception is in compliance with the City's
Comprehensive Plan as it supports the City's Goals, Objectives and Policies regarding
neighborhoods (residential and nonresidential) that are attractive, well maintained, and that
contribute to the health, safety, and welfare of their residents and users; and
Temp Reso. No. 12441
December 23, 2013
Page 2
WHEREAS, the proposed Special Exception is consistent with the adjacent
residential neighborhoods relative to the proposed intensity, building mass, and aesthetic
impact of the requested use; and
WHEREAS, the Planning Board recommended approval of this application (with.
conditions) at its December 4, 2013 public hearing; and
WHEREAS, the City Commission of the City of Tamarac finds that granting the
petition for Special Exception (with conditions) would be in keeping with the public health,
safety and general welfare of the City of Tamarac; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to approve this
Special Exception (with conditions) petition to allow for the for the use of an Adult Daycare
Facility within a B-3 (General Business District) zoning district pursuant to Section 24-434
of the City's Code of Ordinances; for the property at located 7800 University Drive
(specifically, Lots 22 and 23, Block 11, of the Lyons Commercial Subdivision No. 3,
according to the plat thereof, as recorded in Plat Book 76, Page 31, of the public records of
Broward County, Florida).
NOW, THEREFORE,, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION L
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.
Temp Reso. No. 12441
December 23, 2013
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SECTION I That this Special Exception petition to allow for the for the use
of an Adult Daycare Facility within a B-3 (General Business District) zoning district pursuant
to Section 24-434 of the City's Code of Ordinances; for the property at located 7800
University Drive (specifically, Lots 22 and 23, Block 11, of the Lyons Commercial
Subdivision No. 3, according to the plat thereof, as recorded in Plat Book 76, Page 31, of
the public records of Broward County, Florida); is HEREBY APPROVED; subject to the
following conditions:
• The entire site in which the proposed use is located shall be in compliance with
current landscaping requirements to the greatest extent possible as stated in
Chapter 11, Landscaping of the City's Code of Ordinances.
• All vehicular use areas shall comply with current requirements to the greatest extent
possible as stated in Chapter 9, Health, Sanitation and Nuisances; Chapter 24,
Zoning and in the City's Engineering Standards.
• The entire site shall be void of any pre-existing code violations.
• Any modification to existing signage to accommodate this use will be required to
meet current sign code criteria and will be submitted through the proper Building
Department application process.
SECTION 3:
All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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.
PASSED, ADOPTED AND APPROVED this
ATTEST:
PATRICIA TEUIFEL, CMC
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMUEtE S. GOREN
CITY ATTORNEY
Temp Reso. No. 12441
December 23, 2013
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o? o3 day of
HARRY DRESSLER, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER 4z--V
DIST 1: COMM. BUSHNlfLL�
DIST 2: V/M GOMEZ
DIST 3: COMM. GLAS E40,
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2014.
11