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HomeMy WebLinkAboutCity of Tamarac Board Order BO-2023-01TBO#: 63 Prepared by and Return to: CITY OF TAMARAC 7525 N W 88' Avenue Tamarac, Florida 33321-2401 Space Above This Line for Processing Data )ace Above This Line for Recordin FINAL ORDER FOR DEVELOPMENT PERMIT BEFORE THE CITY COMMISSION CITY OF TAMARAC, FLORIDA BO 2023 01 IN RE: The Application of - Location: Property Folio Identification Number: Property Legal Description: HEARING DATE: January 11, 2023 CASE NO. 4-Z-22 Savvy Sliders - Tamarac 2400-A West Commercial Boulevard, Tamarac, Florida 33309 4942-17-04-2731 Tamarac Lakes South 62-24 B Portion of Parcel S ORDER APPROVING SPECIAL EXCEPTION Order granting Special Exception approval for Savvy Sliders — Tamarac, to allow for the use of a renovated one (1) story, two -thousand one -hundred and forty-nine square foot (2,149 sq. ft.) restaurant with the addition of a drive -through lane and related infrastructure within an existing plaza in the MU-C (Mixed -Use Corridor) zoning district, pursuant to the Tamarac Code of Ordinances. James Kinosian of Stonefield Engineering and Design, LLC, designated agent for the property owner, WC 2550-18, LLC, (the "Applicant") is requesting approval of a Special Exception to allow for the use of a restaurant with drive -through at the subject property, legally described as TAMARAC LAKES SOUTH 62-24 B PORTION OF PARCEL S, located at 2400- A West Commercial Boulevard, Tamarac, Florida ("Property"). 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 Special Exception Board Order — Case No. 4-Z-22 Page 1 of 4 TBO#: 63 Commission of the City of Tamarac ("Commission") has identified that the Property is in the MU- C (Mixed -Use Corridor) Zoning District. 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 December 7, 2022, and recommend to the City Commission, APPROVAL OF THE APPLICATION WITH CONDITIONS. Following consideration of all testimony and evidence presented at the City Commission hearing on January 11, 2023, 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: That the proposed developmeno/will not be consistent with the Comprehensive Plan. 2. That the proposed developmen will ill not comply with applicable district, use, and development standards in the City of Tamarac Code of Ordinances. 3. That the proposed development it ill not be compatible with the existing natural environment and community c aracter of the properties within the immediate neighborhood. 4. That the proposed development wil ill not be desirable for public convenience and is/is not injurious or otherwise detrimental to the public health, safety, comfort, and welfare. 5. That the proposed development( wi will not minimize adverse effects, including noise, light, dust, or other potentia nuisances, on adjacent properties to the greatest extent practicable. 6. That the proposed development 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. That the site are is is not sufficient, appropriate, and adequate for the use and any reasonably anticipated expansion of the use. 8. That the Special Exception shall only remain valid during the period of which the certificate of occupancy and business license remains active. 9. That the Special Exception is transferable administratively subject to compliance with City Codes, all conditions of approval set forth herein (if any), and the submission of documentation and payment of all fees (if any). 10. Any pre-existing code violations shall be brought into compliance and any accrued liens shall be satisfied before a certificate of occupancy is issued for the proposed use. Special Exception Board Order — Case No. 4-Z-22 Page 2 of 4 TBO#: 63 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 "Fast Food" with Drive -Through in the MU-C (Mixed -Use Corridor) Zoning District located at 2400-A West Commercial Boulevard, is hereby GRANTED subject to the following conditions: 1. Approval of the Interdepartmental Review of the Site Plan Approval (Minor), Case No. 9-SP-22, to allow for the modification an existing parking lot, upgraded landscaping, and exterior faVade upgrades. 2. Approval at the City Commission hearing for the Variance, Case No. 16-B-22, requesting relief from the requirement of providing at least a width of 15 feet of landscaping, measured from the property line to the closest parking stall and a width of 25 feet measured from the property line to the parallel interior drive aisle, excluding egress and ingress drives, pursuant to Section 104.4(1))(5)(a)(ii), Code of Ordinances. 3. 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. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Special Exception Board Order — Case No. 4-Z-22 Page 3 of 4 TBO#: 63 DONE and ORDERED this day of JOKUA,,nl , 2023, in Tamarac, Florida. CITY COMMISSION CITY OF TAMARAC, FLORIDA MIN ELLE J. GOMEZ, MAYOR ATTEST: -l- — KIMBERL DILL —ON, CMC CITY CLERK, 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. Swornto and subscribed before me this day of .�CtJ� 92023 :';;A'"u ANN MARIE GORDON i?"•,�` Notary Public - State of Florida Commission = HN 095695 My Comm. Expires Feb 22. 2025 NOTARY PUBLIC, STATE OFF ORIDA Boncec through National Notary Assn. My Commission Expires: This Board Order was filed in the Office of the City Clerk on this � day of 202_3 Special Exception Board Order — Case No. 4-Z-22 Page 4 of 4 Instr# 118675621 , Page 1 of 4, Recorded 02/13/2023 at 12:23 PM Broward County Commission Prepared by and Return to: CITY OF TAMARAC 7525 N W 881 Avenue Tamarac, Florida 33321-2401 Space Above This Line for Processing Data Above This Line BEFORE THE CITY COMMISSION CITY OF TAMARAC, FLORIDA BO - 2023 - 01 IN RE: The Application of - Location: Property Folio Identification Number: Property Legal. Description: TBO#: 63 HEARING DATE: January 11, 2023 CASE NO. 44-22 Savvy Sliders - Tamarac 2400-A West Commercial Boulevard, Tamarac, Florida 33309 4942-17-04-2731 Tamarac Lakes South 62-24 B Portion of Parcel S ORDER APPROVING SPECIAL EXCEPTION Order granting Special Exception approval for Savvy Sliders - Tamarac, to allow for the use of a renovated one (1) story, two -thousand one -hundred and forty-nine square foot (2,149 sq. ft.) restaurant with the addition of a drive -through lane and related infrastructure within an existing plaza in the MU-C (Mixed -Use Corridor) zoning district, pursuant to the Tamarac Code of Ordinances. James Kinosian of Stonefield Engineering and Design, LLC, designated agent for the property owner, WC 2550-18, LLC, (the "Applicant") is requesting approval of a Special Exception to allow for the use of a restaurant with drive -through at the subject property, legally described as TAMARAC LAKES SOUTH 62-24 B PORTION OF PARCEL S, located at 2400- A West Commercial Boulevard, Tamarac, Florida ("Property"). 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 Special Exception Board Order - Case No. 4-Z-22 Page I of 4 Instr# 118675621 , Page 2 of 4 TBO#: 63 Commission of the City of Tamarac ("Commission") has identified that the Property is in the MU- C (Mixed -Use Corridor) Zoning District. 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 December 7, 2022, and recommend to the City Commission, APPROVAL OF THE APPLICATION WITH CONDITIONS. Following consideration of all testimony and evidence presented at the City Commission hearing on January 11, 2023, 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. That the proposed developmen(;iwill not be consistent with the Comprehensive Plan. 2. That the proposed developrnenxlfl�!ilwill not comply with applicable district, use, and development standards in the City of Tamarac Code of Ordinances. 3. That the proposed development I not be compatible with the existing natural environment and community =r of the properties within the immediate neighborhood. 4. That the proposed development �Iill not be desirable for public convenience and is/is not injurious or otherwise detrimental to the public health, safety, comfort, and welfare. 5. That the proposed development(wi ' will not minimize adverse effects, including noise, light, dust, or other potentikisances, on adjacent properties to the greatest extent practicable. 6. That the proposed developmentI 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. That the site are is is not sufficient, appropriate, and adequate for the use and any reasonably anticipated expansion of the use. 8. That the Special Exception shall only remain valid during the period of which the certificate of occupancy and business license remains active. 9. That the Special Exception is transferable administratively subject to compliance with City Codes, all conditions of approval set forth herein (if any), and the submission of documentation and payment of a] I fees (if any). 10. Any pre-existing code violations shall be brought into compliance and any accrued liens shall be satisfied before a certificate of occupancy is issued for the proposed use. Special Exception Board Order — Case No. 4-Z-22 Page 2 of 4 Instr# 118675621 , Page 3 of 4 TBO#: 63 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 "Fast Food" with Drive -Through in the MU-C (Mixed -Use Corridor) Zoning District located at 2400-A West Commercial Boulevard, is hereby GRANTED subject to the following conditions: 1. Approval of the Interdepartmental Review of the Site Plan Approval (Minor), Case No. 9-SP-22, to allow for the modification an existing parking lot, upgraded landscaping, and exterior faVade upgrades. 2. Approval at the City Commission hearing for the Variance, Case Na. 16-B-22, requesting relief from the requirement of providing at least a width of 15 feet of landscaping, measured from the property line to the closest parking stall and a width of 25 feet measured from the property line to the parallel interior drive aisle, excluding egress and ingress drives, pursuant to Section 104.4(1))(5)(a)(ii), Code of Ordinances. 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. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Special Exception Board Order — Case No. 4-Z-22 Page 3 of 4 Instr# 118675621 , Page 4 of 4, End of Document DONE and ORDERED this I 14A- day of -JC4vt 2023, in Tamarac, Florida. CITY COMMISSION CITY OF TAMARAC, FLORIDA MIbIELLE J. GOMEZ, MAYOR ATTEST: KIMBERA Dlf-LUN-, CMC CITY CLERK STATE OF FLORIDA COUNTY OF BROWARD I hereby certify that on this day, before me, by means of 2 physical presence or F-1 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. "-I - Sworn to and subscribed before me this 107' day of Jar,!u �-�'"j 2023. ANN MARIE GORDON Notary Public - State of Florida Commission -- HH 095695 My co mm. Expires Feb 22. 2025 NOTARY PUBLIC, STATE .OF FLORIDA Sonced thfough.Sationat Not2ry Am, I My Commission Expires: aj,;*,/ A - This Board Order was filed in the Office of the City Clerk on this IL,_ day of 1",i2 02__3. Special Exception Board Order - Case No. 4-Z-22 Page 4 of 4