HomeMy WebLinkAboutBoard Order 6-Z-14 - under TR12499 - Revert Resolution.pdfTemp Reso. No. 12499
July 3, 2014
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2014 -
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
GRANTING OF A FINAL BOARD ORDER ATTACHED
HERETO AS EXHIBIT "A", FOR A SPECIAL EXCEPTION
USE TO ALLOW FOR A CHARTER HIGH SCHOOL ON
THE SUBJECT PROPERTY LOCATED AT 8301 WEST
MCNAB ROAD (SPECIFICALLY, LOTS 4, 5) 6, 7, LESS
THE 2 FEET OF LOTS 4, 5, 6, AND 7, IN BLOCK 35 OF
MCNAB COMMERCIAL SUBDIVISION NO. 2
ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 73, PAGE 28, OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA) (CASE
NO. 6-Z-14); AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE THE FINAL BOARD ORDER;
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, Keith M. Poliakoff, Esq., on behalf of the property owner, American
Charter Development, LLC. and the school operator, Newport
Education Partners LLC is requesting Special Exception approval to allow for a Charter
High School use on the subject property located at 8301 West McNab Road (specifically,
Lots 4, 51 61 7, less the 2 feet of Lots 4, 5, 6, and 7, in Block 35 of McNab Commercial
Subdivision No. 2 according to the Plat thereof, as recorded in Plat Book 73, Page 28, of
the public records of Broward County, Florida); and
WHEREAS, Article X, Section 2-370(g) of the Code of Ordinances requires a Final
Order of the City Commission to be issued based upon the deliberation and determination
of the petition.; and
Temp Reso. No. 12499
July 3, 2014
Page 2
WHEREAS, the Final Board Order provides for the granting of the Special Exception
and finds that the request is consistent with the City's Comprehensive Plan and
enumerates the reasons for the approval of the Special Exception; and
WHEREAS, the Planning Board recommended approval of the Special Exception
Use at its July r- ) 2014 public hearing; and
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.
SECTION 2: That the Final Board Order is hereby granted allowing a
Special Exception Use pursuant to Article IV, Section 24-548 and Article III, Division 19,
Section 24-434 of the City Regulations, to allow the use of a Charter High School in the B-6
Zoning District. That the appropriate City Officials are hereby authorized to execute the
Final Board Order as granted.
SECTION 3: 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.
,qFC;TIC)N 4-
passage and adoption.
Temp Reso. No. 12499
July 3, 2014
Page 3
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this
ATTEST:
S
r
�-� PATRICIA TEUFEL, CMC
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMUEL S. GOREN
CITY ATTORNEY
day of
A
i"
v iz OL
HARRY DRES LER,
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER XaA-/
DIST 1: COMM. BUSHNELL Gu
DIST 2: V/M GOMEZ C:0-
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO�
, 2014.
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 Recordin
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
HEARING DATE: July 9, 2014
CASE NO.6-Z-14
IN RE: The Application of: International High School
8301 West McNab Road
Tamarac, Florida 33321
Property Owner: American Charter Development, LLC
Property Identification Number: 494104200110
Property Legal Description: MC NAB COMMERCIAL SUB NO 2 73-28 B LOT 4,5 LESS S
2FOR ST,6LESS S 2 FOR ST,7 LESS S2FOR STBLK35
SPECIAL EXCEPTION USE DENIED
The Applicant, Keith M. Poliakoff, Esq., (the "Applicant"), with the consent of American
Charter Development, LLC, the owner of the above -referenced property (the "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
(00029019.1 2704-0501640 )
Order 6-Z-14 (MAC) Page 1 of 3
REGULATIONS ("LDRS99), TO ALLOW THE USE OF A CHARTER
HIGH SCHOOL IN THE B-6 ZONING DISTRICT.
Notice of the request for the Special Exception Use was given as required by law.
Following the consideration of all testimony and evidence presented at the City Commission
public hearing on July 9, 2014, and pursuant to Sections 2-370(f), 24-552, and 24-548 of the City
of Tamarac Code of Ordinances, the Tamarac City Commission ("Commission") finds as
follows:
A. The Property is located in the B-6 Zoning District.
B. The proposed use is listed as a Special Exception in the district where the
Property is located.
C. Special Exception uses require consideration and approval by the City
Commission.
D. The Applicant failed to meet its burden to demonstrate that the proposed use is
consistent with the City's Comprehensive Plan. Policy 10.8 of the City's Comprehensive
Plan requires that development of commercial and other nonresidential land uses be
located in a manner that is compatible with adjacent land uses, and does not adversely
affect the health, safety, welfare, or aesthetics of existing or future residential areas. The
proposed use of the Property is incompatible with the adjacent residential uses, as the
proposed use will adversely affect the public health, safety and general welfare of the
neighboring residential uses.
E. The Applicant failed to meet its burden to demonstrate that the proposed use of
the Property is consistent with the City's Land Development Regulations, as the proposed
use is not compatible with existing neighboring, residential uses.
F. The Public Record, including sworn testimony and evidence established before
and presented to the City Commission on July 9, 2014, is hereby incorporated by
reference and made a part hereof.
Pursuant to the authority contained in Sections 2-3 70(f) and 24-548 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 8301 West McNab Road is hereby DENIED.
1. Pursuant to Section 2-370(a), of the City of Tamarac Code of Ordinances, the City
Attorney has prepared this Order.
2. Pursuant to Section 2-3 70(g), of the City of Tamarac's Code of Ordinances, this
Order shall be recorded in the public records of Broward County, Florida.
(00029019.1 2704-0501640 )
Order 6-Z-14 (MAC) Page 2 of 3
DONE and ORDERED this day of 2014> in
Tamarac, Florida.
MAYOR AND COMMISSION
CITY OF TAMARAC, FLORIDA
By�fill
HARRY D RE S S L ,
MAYOR
ATTEST:
Pat Teufel
City Clerk
STATE OF FLORIDA
COUNTY OF BROWARD
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.
Sworn to and subscribe f d before me this day of ,- , 2014.
TINA M. WHEATLEY
Notary PubliC - State of Florida
• . : • My Comm. Expires Aug 6, 2018
Commission #f FF 135878
71vo* Naay Assn.
My Commission Expires:
(00029019.1 2704-0501640 1
r_
NOTARY PUBLIC, STATE OF FLORIDA7
Order 6-Z-14 (MAC) Page 3 of 3