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Home My WebLink AboutCity of Tamarac Resolution R-2022-141 Approval of Major Sire Plan for Cali CoffeeTemp. Reso. No. 13803 December 14, 2022 Page 1 of 6 RESOLUTION NO. R-2022 - N-1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING SITE PLAN APPROVAL (MAJOR) WITH CONDITIONS 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; FOR THE PROPERTY LOCATED AT 7775 WEST MCNAB ROAD, TAMARAC, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO (CASE NO. 12-SP-21); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide that municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal service, and exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac ("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions as may be required for the proper governing of the City; and WHEREAS, J. Keith Shelton of Noriker Capital RE, LLC, as the designated agent for the property owner, McNab Marketplace Land Tr Trans Global Financial, LLC, is requesting Site Plan Approval (Major) with conditions to allow for the development of a new one (1) story, one thousand five hundred square foot (1,500 sq.ft.) building with the Temp. Reso. No. 13803 December 14, 2022 Page 2 of 6 addition of a drive -through lane and related infrastructure for a proposed restaurant, Cali Coffee; for the property located at 7775 West McNab Road, Tamarac, Florida (see attached Exhibit "A" for legal description) (Case No. 12-SP-21); and WHEREAS, the subject property ("Property") is zoned MU-C, Mixed -Use Corridor, which permits Restaurants, Fast Food (with Drive -Through) with the approval of a Special Exception in accordance with Section 10-3.2, Table 10-3.1 of the Land Development Code ("LDC"); and WHEREAS, the Site Plan Approval (Major) standards outlined in the Section 10- 5.4(H)(6) of the LDC have been met; and WHEREAS, pursuant to the provisions of the LDC, 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, the Director of Community Development recommends approval (with conditions); and WHEREAS, the Planning Board recommended approval (with conditions) on September 7, 2022; and WHEREAS, the City Commission has examined the application, the staff, and the recommendations of the staff and Planning Board; and WHEREAS, the City Commission has determined that the application complies with all elements of the Comprehensive Plan, or will be in compliance with all elements Temp. Reso. No. 13803 December 14, 2022 Page 3 of 6 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 business owners, residents and visitors of the City of Tamarac, Florida to grant Site Plan Approval (Major) with conditions 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; for the subject property located at 7775 West McNab Road, Tamarac, Florida (see attached Exhibit "A" for legal description) (Case No. 12-SP-21). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORID& Section 1: The foregoing recitals are true and correct and hereby adopted as the legislative and administrative findings of the City Commission; all exhibits attached hereto are incorporated herein and made a specific part of this Resolution. Section 2: The application for Site Plan Approval (Major) with conditions 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; for the subject property located at 7775 West McNab Road, Tamarac, Florida (see attached Exhibit "A" for legal description) (Case No. 12-SP- 21), is APPROVED subject to the following conditions: 1. Commencement of construction shall begin no later than one (1) year from the Temp. Reso. No. 13803 December 14, 2022 Page 4of6 date of this approval. If the development does not commence construction within one (1) year, this approval is null and void unless an extension has been granted in accordance with applicable regulations. 2. Site Plan Approval (Major) is contingent upon approval of the satisfaction of the outstanding Development Review Committee comments from the review of the Site Plan Approval (Major) for the Cali Coffee - McNab project, Case No. 12-SP- 21. 3. Approval of the Special Exception, Case No. 2-Z-22, to allow for the use of a restaurant with the addition of a drive -through lane and related infrastructure in the MU-C (Mixed -Use Corridor) zoning district, pursuant to Section 10-3.2, Table 10- 3.1 in the Land Development Code. 4. Approval of the variance, Case No. 7-8-22, relief from the Glazing Calculation to be reduced from thirty percent (30%) to twenty-five percent (25%); inclusive to the use of faux window treatment, pursuant to Section 10-4.7(D)(5)(b)(i)A., Land Development Code. 5. Approval of the variance, Case No. 8-8-22, requesting relief from the requirement of providing a new solid masonry buffer wall along the rear property line abutting a residentially zoned property, pursuant to Section 10-4.4(D)(3)(c)(ii), Land Development Code. 6. Construction shall comply with the plans and specifications submitted by the developer to the City of Tamarac and approved engineering drawings. Temp. Reso. No. 13803 December 14, 2022 Page 5 of 6 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. [INTENTIONALLY LEFT BLANK] Temp. Reso. No. 13803 December 14, 2022 Page 6of6 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS DAY OF X(&(�022. ATTEST: C� & KIMBERLY DI LON, CMC CITY CLERK MIC ELLE J. COME MAYOR RECORD OF COMMISSION VOTE: MAYOR GOMEZ 1% DIST 1: COMM. BOLTON J_ DIST 2: COMM. WRIGHT ljf� DIST 3: COMM. VILLALOBOSS DIST 4: COMM. DANIEL APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THIS CITY OF TAMARAC ONLY. JOHN`R� HSRIN, JR CITY ATMORNEY 4� ThisJRsolution was filed in the Office of the City Clerk on this 14 day of�022. Exhibit "A" MCNAB MARKETPLACE 169-10 B PARCEL A CALI COFFEE - McNAB Site Plan Approval (Major), Special Exception & 2 Variances Case No's. 12-SP-21, 2-Z-22, 7-13-22, & 8-13-22 kv 7 fop �*" WN 11 CT MU-C 1 T �71 V, Rl qW. de 11 01 IN L "Wes�McNab act WNCKABROWest McNab Road 70 jig N 77 10, L Subject Property The City For Your Life Maxine Calloway, Director Community Development 7525 NW 88 Avenue Tamarac, FL 33321 Telephone (954) 597-3530