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HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-004Temp. Reso. No. 13879 January 11, 2023 Page 1 of 6 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2023- 0 © L�' 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 FOUR THOUSAND FIVE HUNDRED AND FIFTY SQUARE FEET (4,550 SQ.FT.) CULVER'S RESTAURANT, A FAST -CASUAL DINING FACILITY WITH DUAL DRIVE -THROUGH LANES AND RELATED INFRASTRUCTURE; FOR THE PROPERTY LOCATED AT 8251 WEST COMMERCIAL BOULEVARD, TAMARAC, FLORIDA, (CASE NO. 7-SP-22); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Steve Wherry, designated agent for the property owner, Medalist Restaurant Group II, LLC, is requesting Site Plan Approval (Major) with conditions to allow for the development of a, four thousand five hundred and fifty square feet (4,550 sq.ft.) Culver's Restaurant, a fast -casual dining facility, with dual drive -through lanes and related infrastructure for the property located at 8251 W. Commercial Boulevard, Tamarac, Florida (Case No. 7-SP-22); and WHEREAS, the subject property ("Property") consists of two vacant parcels and has a combined acreage of 1.35 acres, a Future Land Use designation of "Local Activity Center" and is zoned MU-G, Mixed -Use General per the City's Future Land Use and Official Zoning Map; and WHEREAS, the purpose of the Mixed -Use General zoning district is to include commercial, institutional, recreational, and service facilities that are needed to support Temp. Reso. No. 13879 January 11, 2023 Page 2 of 6 surrounding neighborhoods and the community at -large; and WHEREAS, pursuant to Section 10-3.2, Table 10-3.1 of the Land Development Code ("LDC"), Restaurant, Fast -Casual (with Drive -Through) use is permitted in the MU- G Mixed Use General, zoning district subject to Special Exception approval; and WHEREAS, Staff has determined that the standards outlined in Section 10- 5.4(H)(6) of the LDC for Site Plan (Major) approval have been met; and WHEREAS, pursuant to the City's Land Development Code, the appropriate public meetings have been advertised in accordance with applicable law of the date, time, and place of the meeting regarding the review of the application for Site Plan (Major) approval; and WHEREAS, the Director of Community Development recommends approval (with conditions); and WHEREAS, the Planning Board recommended approval (with conditions) on January 4, 2023; and WHEREAS, Staff has examined the application, and the forwarding recommendations of the Planning Board; and WHEREAS, the City Commission has determined that the application is consistent with the goals and objectives outlined in 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 Temp. Reso. No. 13879 January 11, 2023 Page 3of6 the best interests of the business owners, residents and visitors of the City of Tamarac, Florida to grant Site Plan (Major) approval with conditions for the proposed four thousand five hundred and fifty square feet (4,550 sq.ft.) Culver's Restaurant, a fast -casual dining facility, with dual drive -through lane and related infrastructure for the property located at 8251 W. Commercial Boulevard, Tamarac, Florida (Case No. 7-SP-22). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT. - Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as true and correct and 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: The application for Site Plan Approval (Major) with conditions to allow for the development of a four thousand five hundred and fifty (4,550 sq.ft.) Culver's Restaurant, a fast -casual dining facility, with dual drive -through lane and related infrastructure for the property located at 8251 W. Commercial Boulevard, Tamarac, Florida (Case No. 7-SP-22), is APPROVED subject to the following conditions: 1. Site Plan (Major) approval is contingent upon Special Exception approval for Culver's of Tamarac to allow for the use of a fast -casual restaurant with drive - through service in the MU-G (Mixed -Use General) Zoning District (Case #3-Z-22). 2. Site Plan (Major) approval is contingent upon approval of the Variance for Culver's Temp. Reso. No. 13879 January 11, 2023 Page 4 of 6 of Tamarac (Case # 17-B-22). 3. Construction is to be in complete compliance with the plans and specifications submitted by the developer to the City of Tamarac and the approved engineering drawings. 4. Site plan approval shall be void one (1) year after the date of approval unless a building permit has been issued for the construction of all facilities provided in the site plan and construction is diligently pursued. 5. The Development Order is assignable, but assignment does not discharge any assignee from strict compliance with the order unless the City Commission consents to modify any of the original requirements. 6. Satisfaction of all the outstanding Development Review Committee comments from the review of the Site Plan (Major) for Culver's of Tamarac (Case #7-SP-22). 7. The applicant shall render payment of all applicable Development Impact Fees to the City prior to approval of any permit for vertical construction for the project. 8. The applicant shall submit an application to the City and provide an executed copy Temp. Reso. No. 13879 January 11, 2023 Page 5 of 6 of the Unity of Title for the two vacant sites encompassing the development prior to the issuance of a Certificate of Occupancy for the project. 9. The applicant shall amend the site plan to designate (4) employee parking spaces on the southwest end of the parking lot nearest to the W. Commercial Boulevard ingress to the property to minimize vehicular activity in the entrance area. 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. 13879 January 11, 2023 Page 6of6 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS ATTEST: r'V DAY OFS'0h 2023. J�W6�(4 __ ! _-, & - KIMBERLY DILLON, CMC CITY CLERK k/ - & � j MICRELLE J. GOMEZ, MAYOR RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: V/M BOLTON DIST 2: COMM. WRIGHT DIST 3: COMM. VILLALOBOS DIST 4: COMM. DANIEL APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THIS CITY OF TAMARAC ONLY. .h- This Resolution was filed in the Office of the City Clerk on this JV day of `, 2023.