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Board 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