HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-055Temp Reso. No. 12498
May 14, 2014
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2014- 66'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING A SPECIAL
EXCEPTION PETITION TO ALLOW THE EXPANSION
OF AN EXISTING PRIVATE SCHOOL USE ON THE
PROPERTY LOCATED AT 6843 WEST COMMERCIAL
BOULEVARD WITHIN THE MARKETPLACE AT
TAMARAC SHOPPING CENTER (SPECIFICALLY
PARCEL "A", OF THE RK PLAT, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 143,
PAGE 22, OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA) PURSUANT TO SECTION 24-548,
TAMARAC CODE OF ORDINANCES; (CASE NO.3-Z-14)
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 24-458 of the Code of Ordinances of the . City of Tamarac,
Florida provides for the granting of a Special Exception for schools; and
WHEREAS, Michael Janoura, on behalf of the property owner, Jorge Investments,
Inc. and the school operator, Bethlehem Academy is requesting special exception approval
to allow for the expansion of an existing private school use on the property located at 6843
West Commercial Boulevard within the Marketplace at Tamarac shopping center
(specifically Parcel "A", of the RK Plat, according to the plat thereof, as recorded in Plat
Book 143, Page 22, 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. 12498
May 14, 2014
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 at its
May 7, 2014 public hearing; and
WHEREAS, the City Commission of the City of Tamarac finds that granting the
petition for Special Exception 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 petition to allow for the expansion of an existing private school use on
the property located at 6843 West Commercial Boulevard within the Marketplace at
Tamarac shopping center (specifically Parcel "A", of the RK Plat, according to the plat
thereof, as recorded in Plat Book 1.43, Page 22, of the Public Records of Broward County,
Florida);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Temp Reso. No. 12498
May 14, 2014
Page 3
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 this Special Exception petition to allow for the expansion of
an existing private school use on the property located at 6843 West Commercial Boulevard
within the Marketplace at Tamarac shopping center (specifically Parcel "A", of the RK Plat,
according to the plat thereof, as recorded in Plat Book 143, Page 22, of the Public Records
of Broward County, Florida); is HEREBY APPROVED.
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.
Temp Reso. No. 12498
May 14, 2014
Page 4
PASSED, ADOPTED AND APPROVED this � � day of , 2014.
ATTEST:
PATRICIA T
CITY C
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
SAMUEL S. GOREN,
3r
ATTORNEY
Of TAY4
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MAYOR
'�.,'S'�'' • • • • • • • •'' , RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BUSHNELL
DIST 2: VICE MAYOR GOMEZ
DIST
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COMM.
GLASSER
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Temporary Resolution No. 12498
Bethlehem Academy — Special Exception
Site Plan
on file in the
Office of the City Clerk
Prepared by and Return to:
Sam Goren
City Attorney
CITY OF TAMARAC
7525 NW 88TH Avenue
Tamarac, Florida 3 3 3 21-2401
Space Above This Line for Processing Data
Space Above This Line for Recordi
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
HEARING DATE: May 28, 2014
CASE NO.3-2-14
IN RE: The Application of: Bethlehem Academy
6843 West Commercial Boulevard
Tamarac, Florida
Property Identification Number: 4941 10 34 0010
Property Legal Description: The RK Plat 143-22 B Parcel "A"
SPECIAL EXCEPTION USE APPROVED
The Applicant, Michael Janoura, (the "Applicant"), with the consent of the owner of
the above -referenced property, filed an application with the City of Tamarac ("City")
Department of Community Development for the following Special Exception Use:
SPECIAL EXCEPTION USE PURSUANT TO ARTICLE IV, SECTION 24-
54E AND ARTICLE III, DIVISION 19, SECTION 24-434 OF THE CITY
OF TAMARAC CODE OF ORDINANCES, LAND DEVELOPMENT
REGULATIONS (66LDRS99). TO ALLOW THE EXPANSION OF A
PRIVATE SCHOOL (GRADES K-8) IN THE B-6 ZONING DISTRICT.
(00022101.DOCX 3)
Order 3-2-14 (MAC) Page 1 of 3
Notice of the request for the Special Exception Use was given as required by law. The
City Commission ("Commission") finds that the property is located in the B-6 Zoning District.
Pursuant to Section 24-552 of the City of Tamarac Code of Ordinances, and following the
consideration of all testimony and evidence presented at the hearing on May 28, 2014, the City
Commission further finds:
A. The use is listed as a special exception in the district where the property is
located.
B. The entire site is in compliance with the current landscaping requirements to the
greatest extent possible as stated in the City's Landscaping Code (Chapter 11 of the Code
of Ordinances).
C. All vehicular use areas are in compliance with the 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.
D. The entire site is void of any pre-existing code violations.
E. The Public Record, including sworn
and presented to the City Commission on
reference and made a part hereof
testimony and evidence established before
May 28, 2014, is hereby incorporated by
Pursuant to the authority contained in Section 24-552 of the City of Tamarac Code of
Ordinances, Applicant's request for a Special Exception Use, as requested, and as set forth
above for the location at 6843 West Commercial Boulevard is hereby, GRANTED, upon the
following conditions to which the Applicant has agreed.
1. Approval shall be valid for a period of one (1) year following the date of approval and
thereafter, shall become null and void unless construction or use is substantially
underway during such one (1) year period as determined by the City or unless an
extension of time is approved by the City Commission before the expiration of such
one year period.
2. This Special Exception shall automatically expire after one (1) year if the above
conditions are not completed.
3.
{00022101.DOCX 3 }
This document shall be recorded in the public records of Broward County, Florida.
Order 3-2-14 (MAC) Page 2 of 3
DONE and ORDERED this e day of 2014, in
Tamarac, Florida.
MAYOR AND COMMISSION
CITY OF T
By:
ATTEST:
Pat
City Clerk
STATE OF FLORIDA
COUNTY OF BROWARD
MAYOR
C, FLORIDA
SSLER,
I hereby certify that on this day, before me, appeared Mayor Harry Dressler, to me
personally known, who acknowledged that he is the Mayor of the City of Tamarac ("City"), a
Florida municipal corporation, and that this instrument was signed for the purposes contained on
behalf of the City and by the authority of the City, and that he further acknowledges the
instrument to be the free act and deed of the City.
-44A
Sworn to and subscribed before me this 5
LlWM PMiM
• = Expires December 12, 2016
My Commission Expires:
{00022101.DOCX 3}
day of , 2014.
NOTARY PUBLIC, STATE OF FLORIDA
Order 3-2-14 (MAC) Page 3 of 3