HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-036 Granting Major Site Plan ApprovalTEMPORARY RESOLUTION NO. 13753
February 22, 2022
Page 1
• CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2022- 03(cl
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, GRANTING
SITE PLAN APPROVAL (MAJOR) TO ALLOW
FOR THE TENANT IMPROVEMENTS OF AN
EXISTING ONE (1) STORY BUILDING WITH THE
ADDITION OF A DRIVE-THRU LANE TO
ACCOMMODATE A RESTAURANT USE; FOR
THE SUBJECT PROPERTY LOCATED AT 7001
NW 88 AVENUE, TAMARAC, FLORIDA
LEGALLY DESCRIBED AS (FLA FRUIT LANDS
CO SUB NO 2 5-49-41 1-102 PB COM SE COR
SEC 5,W 97.23,N 72 TO POB A,W 196.75 N
27.06,NELY 82.96,N 181.45,E 174.73,SLY
258.16,S 2.77,W 33.22 TO POB A,TOG
WITKCOM SE COR SEC 5,N 408.83,W 92.58 TO
POB B, W 30.42,W 16.85,W 128.15,N 168.29,W
70.35,W 76.35,W 59.99,W 62.01,S 16.78,W
87.90,S 20.41,W 91.56,N 38.70,W 93.34,NWLY
744.92,E 257.80,S 49,E 441.03, SELY 406.76,S
• 100.61,SELY 434.43 ,S 62.65,SELY 174.70 TO
POB B) (CASE NO. 11-SP-21); PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Carlos Lozano, designated agent for the property owner, Misala, Inc.,
is requesting Site Plan Approval (Major) to allow for the modification of an existing one
(1) story restaurant outparcel to provide a new drive-thru lane for a proposed use of a
Dunkin Donuts; and
WHEREAS, in addition, the existing 3,000 sq.ft. building will be modified and
divided into two separate bays, [1,800 sq.ft. for Dunkin Donuts and 1,200 sq.ft. for an
empty shell retail ] ("Property"); and
WHEREAS, the subject property is zoned MU-N, Mixed -Use Neighborhood, which
• allows Restaurants, Fast Food (with Drive -Through) as a Special Exception in
accordance with Section 10-3.2 of the Land Development Code, and
WHEREAS, in accordance with a 1972 Court Order, the Property is subject to a
TEMPORARY RESOLUTION NO. 13753
February 22, 2022
Page 2
Stipulated Agreement which maintains the County's zoning designation and permitted •
use standards for the Property; and WHEREAS, the proposed use for the Dunkin Donuts
is a permitted use within the County's C-1 (Commercial) zoning district, which allows for
Restaurant, Fast Food (with Drive -Through) by right; and
WHEREAS, the process by which Site Plan Approval (Major) is considered is
outlined in the Stipulated Agreement, and subjects any substantial alteration or
amendment to the Site Plan to the City's Site Plan Major approval process as outlined in
the Section 10-5.4(H)(6) of the City's Code of Ordinances; and WHEREAS, pursuant to
the provisions of the Code of Ordinances of the City of Tamarac, Florida, public notice
has been given of the time and place of the public hearing and said public hearing has
been held in accordance with the notice and the public has been given an opportunity to
be, and has been heard regarding the review of the petition for Site Plan Approval (Major); •
and
WHEREAS, Director of Community Development recommends approval; and
WHEREAS, the Planning Board recommended approval on March 2, 2022; and
WHEREAS, the City Commission has examined the application, the staff
memorandum and Planning Board recommendation; 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, Florida to grant Site •
Plan Approval (Major) for tenant improvements of an existing one (1) story building
•
is
TEMPORARY RESOLUTION NO. 13753
February 22, 2022
Page 3
with the addition of a drive-thru lane; for the subject property located at 7001 NW 88
AVENUE, TAMARAC, FLORIDA.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORID&
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 Site Plan Approval (Major) to allow for
the tenant improvements of an existing one (1) story building with the addition of a drive-
thru lane; for the subject property located at 7001 NW 88 AVENUE, TAMARAC, FLORIDA
legally described as: (FLA FRUIT LANDS CO SUB NO 2 5-49-41 1-102 PB COM SE
COR SEC 5,W 97.23,N 72 TO POB A,W 196.75 N 27.06,NELY 82.96,N 181.45,E
174.73,SLY 258.16,S 2.77,W 33.22 TO POB A,TOG WITH:COM SE COR SEC 5,N
408.83,W 92.58 TO POB B, W 30.42,W 16.85,W 128.15,N 168.29,W 70.35,W 76.35,W
59.99,W 62.01,S 16.78,W 87.90,S 20.41,W 91.56,N 38.70,W 93.34,NWLY 744.92,E
257.80,S 49,E 441.03, SELY 406.76,S 100.61,SELY 434.43 ,S 62.65,SELY 174.70 TO
POB B) (CASE NO. 11-SP-21), is HEREBY APPROVED.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
TEMPORARY RESOLUTION NO. 13753
February 22, 2022
Page 4
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.
[INTENTIONALLY LEFT BLANK]
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TEMPORARY RESOLUTION NO. 13753
February 22, 2022
Page 5
rd
PASSED, ADOPTED AND APPROVED this A3 day of r'i10-eco , 2022.
MICHELLE J. OMEZ,
MAYOR
ATTEST:
J I F E R JO �N, C M C
CITY CLERK
RECORD OF COMMISSION VOTE
MAYOR GOMEZ
y�:5
DIST 1:
COMM. BOLTON
yES
DIST 2:
V/M GELIN
`(6-5
DIST 3:
COMM. VILLALOBOS
6�S
DIST 4:
COMM. PLACKO
`( Ef-2
I HEREBY CERTIFY that I
have approved this
ORDINANCE as to form.
J HERIN JR.
CI TTORNEY
Thi'?.,'Resolution was filed in the Office of the City Clerk on this day of 202_.