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