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HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-116Temp Reso No. 12091 September 14, 2011 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2011- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING LIMITED PARKING WAIVER APPROVAL TO ALLOW A STACKING DISTANCE OF NINETY- THREE (93) FEET FOR THE BANK DRIVE-THRU LANES IN LIEU OF THE REQUIRED ONE HUNDRED (100) FOOT STACKING DISTANCE AND APPROVAL OF A LANDSCAPE WAIVER TO ALLOW A BERM THREE (3) FEET IN HEIGHT WITHIN A LANDSCAPE BUFFER IN LIEU OF THE REQUIRED BERM SIX (6) FEET IN HEIGHT FOR THE CHASE BANK PROJECT FOR THE PROPERTY LOCATED AT 6399 WEST COMMERCIAL BOULEVARD, (CASE NO. 6-Z- 11); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the instructions of the City Commission of the City of Tamarac, Florida, a public meeting has been advertised in accordance with applicable law of the date, time and place of the meeting regarding the review of the application for a Limited Parking Waiver and Landscape Waiver; and WHEREAS, Chapter 24 of the City of Tamarac Code of Ordinances provides that the City Commission may grant a Limited Parking Waiver of the off street parking and loading requirements whenever a hardship would exist by adhering to strict application thereof, and further provides that the waiver would not be detrimental to public safety, health and welfare of the citizens of the City; and WHEREAS, Noel Barnett, P.E., Bohler Engineering, Designated Agent for the property owner, JP Morgan Chase Bank, has filed an application for Limited Parking Waiver approval from Section 24-578(d), Tamarac Code of Ordinances to allow a stacking distance Temp Reso No. 12091 September 14, 2011 Page 2 of ninety-three (93) feet for the bank drive-thru lanes in lieu of the required one hundred (100) foot stacking distance and approval of a Landscape Waiver from Section 11-80)(3), Tamarac Code of Ordinances, to allow a berm three (3) feet in height within a landscape buffer on NW 57 Street in lieu of the required berm six (6) feet in height for the property located at 6399 West Commercial Boulevard; and WHEREAS, the Director of Community Development recommends approval; and WHEREAS, Chapter 11 of the City of Tamarac Code of Ordinances allows the Planning Board to make and advise the City Commission concerning proposed revisions to, or issues concerning implementation and enforcement of the provisions of this chapter; and WHEREAS, the Planning Board recommended approval on September 7, 2011; and WHEREAS, the City Commission has examined the application, the staff and Planning Board recommendations; and WHEREAS, the City Commission has determined that the application is in compliance with all elements of the Comprehensive Plan, or will be in compliance with all elements of the Comprehensive Plan prior to the issuance of a Certificate of Occupancy for the development; 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 issue Limited Parking Waiver approval from Section 24-578(d), Tamarac Code of Ordinances to allow a stacking distance of ninety-three (93) feet for the bank drive-thru lanes in lieu of the required one hundred (100) foot stacking distance and approval of a Landscape Waiver from Section 11-80)(3), Tamarac Code of Ordinances, to allow a berm three (3) feet in height within a landscape buffer on NW 57 Street in lieu of the required berm six (6) feet in Temp Reso No. 12091 September 14, 2011 Page 3 height for the property located at 6399 West Commercial Boulevard; and 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 application for a Limited Parking Waiver to allow a stacking distance of ninety-three (93) feet for the bank drive-thru lanes in lieu of the required one hundred (100) foot stacking distance and a Landscape Waiver, to allow a berm three (3) feet in height within a landscape buffer on NW 57 Street in lieu of the required berm six (6) feet in height for the property located at 6399 West Commercial Boulevard; 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. SECTION 5: This Resolution shall become effective immediately upon its adoption. Temp Reso No. 12091 September 14, 2011 Page 4 PASSED, ADOPTED AND APPROVED this c- ,/� day of 2011. DSON, CRM, CMC CITY CLERK. E 1g6 to O` AO co\)\ � I HEREBY CERTIFOIN-F I\HAVE APPROVED THIS RESOLUTION AS TO FORM. SAMUEL S. GOREN CITY ATTORNEY Lt'L' J,o PAMELA BUSHNELL, MAYOR RECORD OF COMMISSION VOTE: MAYOR BUSHNELL DIST 1: COMM. SWEN ON DIST 2: V/M GOMEZ DIST 3: COMM. GLASS DIST 4: COMM. DRESSLER LJ 1