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Home My WebLink AboutCity of Tamarac Board Order BO-2022-06TBO#: 57 Prepared by and Return to: City Attorney CITY OF TAMARAC 7525 NW 881Avenue Tamarac, Florida 33321-2401 Above This Line for Processing Data Space Above This Line for Recording FINAL ORDER FOR DEVELOPMENT PERMIT BEFORE THE CITY COMMISSION CITY OF TAMARAC, FLORIDA BO — 2022 - D!o IN RE: The Application of: Location: Property Folio Identification Number: Property Legal Description: HEARING DATE: December 14, 2022 CASE NO.2-Z-22 Cali Coffee - McNab 7775 West McNab Road, Tamarac, Florida 33321 4941-04-76-0010 MCNAB MARKETPLACE 169-10 B PARCEL A ORDER APPROVING SPECIAL EXCEPTION J. Keith Shelton of Noriker Capital RE, LLC, designated agent for the property owner, McNab Marketplace Land Tr Trans Global Financial, LLC (the "Applicant") is requesting approval of a Special Exception to allow for the use of a restaurant with drive -through. Special Exception Request 2-Z-22 "Restaurant with a Drive Through" - Section 10-5.3 (G), Code of Ordinances: A special exception request to allow a restaurant with a drive through at 7775 West McNab Road. Notice of the request for Special Exception approval was given pursuant to Chapter 2, Article X and Chapter 10, Section 10-5.3(F) of the City of Tamarac Code of Ordinances. The City Commission of the City of Tamarac ("Commission") has identified that the property located at 7775 West McNab Road, Tamarac, Florida (the "Property") is located in the MU-C (Mixed -Use Corridor) Zoning District. Special Exception Board Order — Case No. 2-Z-22 Pagel of4 TBO#: 57 Pursuant to the authority contained in Section 10-5.4(G) of the City of Tamarac Code of Ordinances, the Planning Board has reviewed the application, held a quasi-judicial public hearing on September 7, 2022, and recommended to the City Commission, APPROVAL OF THE APPLICATION WITH A CONDITION. Following consideration of all testimony and evidence presented at the City Commission hearing on September 28, 2022, and pursuant to Sections 2-369, 2-370, 10-5.3(G) and 10-5.3(H) of the City of Tamarac Code of Ordinances, the City Commission finds as follows: 1. The proposed development is/is not consistent with the Comprehensive Plan. 2. The proposed development does/does not comply with applicable district, use, and development standards in the City of Tamarac Code of Ordinances. 3. The proposed development will/will not be compatible with the existing natural environment and community character of the properties within the immediate neighborhood. 4. The proposed development will/will not be desirable for public convenience, and not injurious or otherwise detrimental to the public health, safety, comfort, and welfare. 5. The proposed development will/will not minimize adverse effects, including noise, light, dust, or other potential nuisances, on adjacent properties to the greatest extent practicable. 6. The proposed development will/will not include adequate provisions for safe and convenient vehicular and pedestrian traffic movement to, from, and through the site that minimizes traffic congestion in the public streets. 7. The site area is/is not sufficient, appropriate, and adequate for the use and any reasonably anticipated expansion of the use. Pursuant to the authority contained in Sections 2-369, 2-370, 10-3.2, 10-5.3 (G) and (H) and 10-5.4 (G) of the City of Tamarac Code of Ordinances, the Applicant's request for Special Exception Approval to allow for the use of a restaurant with drive -through in the MU-C (Mixed - Use Corridor) Zoning District located at 7775 West McNab Road, is hereby GRANTED subject to the following conditions: Approval of the site plan application (major), Case No. 12-SP-21, to allow for the development of a new one (1) story, one thousand five hundred square foot (1,500 sq.ft.) building with the addition of a drive -through lane and related infrastructure for a proposed restaurant, Cali Coffee. 2. The special exception shall only remain valid during the period of which the certificate of occupancy and business license remains active. Special Exception Board Order — Case No. 2-Z-22 Page 2 of+ TBO#: 57 3. Any pre-existing code violation(s) shall be satisfied before a certificate of occupancy is issued for the proposed use. 4. The special exception is transferable administratively subject to compliance with City Codes, submitting documentation, payment of fees, and compliance with all conditions of approval herein. 5. Applicant agrees that any transfer of Special Exception including all associated conditions will be acknowledged by the new owner in writing. This document shall be recorded in the public records of Broward, County, Florida. DONE and ORDERED this day of �bCi�— , 2022, in Tamarac, Florida. CITY COMMISSION CITY OF TAMARAC, FLORIDA By: O MICH LLE J. GOMEZ, MAYOR ATTEST: � 11M. " I V. --- KIMBERLY E%ILLON, CMC CITY CLERK [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Special Exception Board Order — Case No. 2-Z-22 Page 3 of+ TBO#: 57 STATE OF FLORIDA ) )H COUNTY OF BROWARD ) I hereby certify that on this day, before me, by means of Q physical presence or ❑ online notarization, appeared City Commission, Mayor Michelle J. Gomez, to me personally known, who acknowledged that she is the Mayor of the City of Tamarac ("City") City Commission, 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 she further acknowledges the instrument to be the free act and deed of the City Commission. Sworn to and subscribed before me this ANN MARIE GORDON ::; • � •,r Notary Public •State of Florida `• �'�,c; Commission a HH 095695 or ct My Comm. Expires Feb 22. 2025 BorCed through National Notary Assn. My Commission Expires: )��-I2 , 2Z day of & -M , 2022. c- NOTARY PUBLIC, STATE OF FLORIDA This Board Order was filed in the Office of the City Clerk on this Al day of 2022: Special Exception Board Order — Case No. 2-Z-22 Page 4 ofA- Instr# 118595330 , Page 1 of 4, Recorded 12/29/2022 at 08:49 AM Broward County Commission Prepared by and Return to: City Attorney CITY OF TAMARAC 7525 NW 8VIAvenue Tamarac, Florida 3332 l -2401 for Data Space Above This Line for Recording BEFORE THE CITY COMMISSION CITY OF TAMARAC, FLORIDA BO — 2022 — No IN RE: The Application of: Location: Property Folio Identification Number: Property Legal Description: TBO#: 57 HEARING DATE: December 14, 2022 CASE NO. 2-Z-22 Cali Coffee - McNab 7775 West McNab Road, Tamarac, Florida 33321 4941-04-76-0010 MCNAB MARKETPLACE 169-10 B PARCEL A ORDER APPROVING SPECIAL EXCEPTION J. Keith Shelton of Noriker Capital RE, LLC, designated agent for the property owner, McNab Marketplace Land Tr Trans Global Financial, LLC (the "Applicant") is requesting approval of a Special Exception to allow for the use of a restaurant with drive -through. Special Exception Rea nest 2-Z-22 "Restaurant with a Drive Through" - Section 10-5.3 (G), Code of Ordinances: A special exception request to allow a restaurant with a drive through at 7775 West McNab Road. Notice of the request for Special Exception approval was given pursuant to Chapter 2, Article X and Chapter 10, Section 10-5.3(F) of the City of Tamarac Code of Ordinances. The City Commission of the City of Tamarac ("Commission") has identified that the property located at 7775 West McNab Road, Tamarac, Florida (the "Property") is located in the MU-C (Mixed -Use Corridor) Zoning District. Special Exception Board Order — Case No. 2-Z-22 Pagel oft Instr# 118595330 , Page 2 of 4 TBO#: 57 Pursuant to the authority contained in Section 10-5.4(G) of the City of Tamarac Code of Ordinances, the Planning Board has reviewed the application, held a quasi-judicial public hearing on September 7, 2022, and recommended to the City Commission, APPROVAL OF THE APPLICATION WITH A CONDITION. Following consideration of all testimony and evidence presented at the City Commission hearing on September 28, 2022, and pursuant to Sections 2-369, 2-370, 10-5.3(G) and 10-5.3(H) of the City of Tamarac Code of Ordinances, the City Commission finds as follows: 1. The proposed development is/is not consistent with the Comprehensive Plan. 2. The proposed development does/does not comply with applicable district, use, and development standards in the City of Tamarac Code of Ordinances. 3. The proposed development will/will not be compatible with the existing natural environment and community character of the properties within the immediate neighborhood. 4. The proposed development will/will not be desirable for public convenience, and not injurious or otherwise detrimental to the public health, safety, comfort, and welfare. 5. The proposed development will/will not minimize adverse effects, including noise, light, dust, or other potential nuisances, on adjacent properties to the greatest extent practicable. 6. The proposed development will/will not include adequate provisions for safe and convenient vehicular and pedestrian traffic movement to, from, and through the site that minimizes traffic congestion in the public streets. 7. The site area is/is not sufficient, appropriate, and adequate for the use and any reasonably anticipated expansion of the use. Pursuant to the authority contained in Sections 2-369, 2-370, 10-3.2, 10-5.3 (G) and (H) and 10-5.4 (G) of the City of Tamarac Code of Ordinances, the Applicant's request for Special Exception Approval to allow for the use of a restaurant with drive -through in the MU-C (Mixed - Use Corridor) Zoning District located at 7775 West McNab Road, is hereby_GRANTED subject to the following conditions: 1. Approval of the site plan application (major), Case No. 12-SP-21, to allow for the development of a new one (1) story, one thousand five hundred square foot (1,500 sq.ft.) building with the addition of a drive -through lane and related infrastructure for a proposed restaurant, Cali Coffee. 2. The special exception shall only remain valid during the period of which the certificate of occupancy and business license remains active. Special Exception Board Order — Case No. 2-Z-22 Page 2 of T Instr# 118595330 , Page 3 of 4 TBO#: 57 3. Any pre-existing code violation(s) shall be satisfied before a certificate of occupancy is issued for the proposed use. 4. The special exception is transferable administratively subject to compliance with City Codes, submitting documentation, payment of fees, and compliance with all conditions of approval herein. 5. Applicant agrees that any transfer of Special Exception including all associated conditions will be acknowledged by the new owner in writing. This document shall be recorded in the public records of Broward, County, Florida. DONE and ORDERED this day of -L — , 2022, in Tamarac, Florida. CITY COMMISSION CITY OF TAMARAC, FLORIDA By- MICHYLLE J. GOMEZ, MAYOR ATTEST: KIMBERLY IJILLON, CMC CITY CLERK [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Special Exception Board Order — Case No. 2-Z-22 Page 3 of+ Instr# 118595330 , Page 4 of 4, End of Document TBO#: 57 STATE OF FLORIDA } COUNTY OF BROWARD ) I hereby certify that on this day, before me, by means of Q physical presence or ❑ online notarization, appeared City Commission, Mayor Michelle J. Gomez, to me personally known, who acknowledged that she is the Mayor of the City of Tamarac (`City") City Commission, 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 she further acknowledges the instrument to be the free act and deed of the City Commission. Sworn to and subscribed before me this _ C L —day of , 2022. ANN MARIE G RDON '• • notary public - State of Florida Commissior. = N!i 0456�r5 ¢ My Comm. Expires Feb Z2. 2025 �i(�-din, V 9orcet through National ,4 Assr. NOTARY PUBLIC, STATE OF FLORIDA My Commission Expires:, This Board Order was filed in the Office of the City Clerk on this day of 2022. Special Exception Board Order - Case No. 2-Z-22 Page 4 of4-