HomeMy WebLinkAboutCity of Tamarac Board Order BO-2023-10TBO#: 71
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CITY OF TAMARAC
7525 NW 88'Avenue
Tamarac, Florida 33321-2401
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FINAL ORDER FOR DEVELOPMENT PERMIT
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
BO — 2023 - 1-
IN RE: The Application of
Location:
Property Folio Identification Number:
Property Legal Description:
HEARING DATE: June 14, 2023
CASE NO. 8-Z-22
McDonald's-Pine Island
8375 N. Pine Island Road, Tamarac, Florida 33321
4941-05-17-0020
TAMARAC TOWN SQUARE 112-1 B PT PAR A
DESC AS, COMM AT NE COR OF SEC 5-49-41,
N 6.32, W 303.01, S 200.67, W 7 TO POB, W
254.02, S 112.48, E 254.81, N 109.77 TO POB
ORDER APPROVING SPECIAL EXCEPTION
Order granting Special Exception approval for McDonald's-Pine Island, to allow for the
addition of a second drive -through lane for an existing "fast-food" restaurant with drive -
through service in the MU-C (Mixed -Use Corridor) zoning district, pursuant to the Tamarac
Code of Ordinances.
Daryl Johnson of Corporate Property Services, Inc., designated agent for the property
owner, IRT Tamarac Land TR (the "Applicant"), is requesting approval of a Special Exception to
allow for the use of a Restaurant "Fast -Food" w/ Drive -Through, at the subject property, legally
described as TAMARAC TOWN SQUARE 112-1 B PT PAR A DESC AS, COMM AT NE COR
OF SEC 5-49-41, N 6.32, W 303.01, S 200.67, W 7 TO POB,W 254.02, S 112.48,E 254.81, N
109.77 TO POB, located at 8375 North Pine Island Road, Tamarac, Florida ("Property").
Special Exception Board Order — Case No. 8-Z-22 Page 1 of 4
TBO#: 71
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 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 May 3, 2023, 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 June 14, 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:
a) That the proposed development will be consistent with the Comprehensive Plan.
b) That the proposed development will comply with applicable district, use, and
development standards in the City of Tamarac Code of Ordinances.
c) That the proposed development will be compatible with the existing natural
environment and community character of the properties within the immediate
neighborhood.
d) That the proposed development will be desirable for public convenience and is not
injurious or otherwise detrimental to the public health, safety, comfort, and welfare.
e) That the proposed development will minimize adverse effects, including noise,
light, dust, or other potential nuisances, on adjacent properties to the greatest extent
practicable.
f) That the proposed development will 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.
g) That the site area is sufficient, appropriate, and adequate for the use and any
reasonably anticipated expansion of the use.
h) That the Special Exception shall only remain valid during the period of which the
certificate of occupancy and business license remains active.
i) 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).
j) 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. 8-Z-22 Page 2 of 4
TBO#: 71
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 addition of a second drive -through lane for an existing `fast-
food" restaurant with drive -through service in the MU-C (Mixed -Use Corridor) zoning district
located at 8375 North Pine Island Road, is hereby GRANTED subject to the following conditions:
1. Concurrence with the Interdepartmental Review of the Site Plan Approval (Minor),
Case No. 14-SP-22, to allow for the modification of the exterior fagade, the small-
scale addition to the existing structure, and the installation of a side -by -side drive -
through lane for an existing restaurant, McDonald's Pine -Island.
2. Concurrence with the application for a Variance, Case No. 5-8-23, to allow twenty-
four (24) parking spaces where twenty-eight (28) parking spaces are required by
Code.
3. The special exception shall only remain valid during the period of which the
certificate of occupancy and business license remains active.
4. Any pre-existing code violation(s) shall be satisfied before a certificate of occupancy
is issued for the proposed use.
5. 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.
6. 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.
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Special Exception Board Order — Case No. 8-Z-22 Page 3 of 4
TBO#: 71
i
DONE and ORDERED this 1 day of •� UN6 , 2023, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
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,), & I -�,
MICH LLE J. GOMEZ,
MAYOR
ATTEST:
BERLY DI ON, CMC
ITY 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.
Sworn to and subscribed before me this day of T(A
ANN MARIE GORDON
' Notary Public - State of Florida
Commission t HH 095695
"> My Comm. Expires Feb 22, 2025
bonded through National Notary Assn.
2023.
---" dt
NOTARY PUBLIC, STATE OF FLORIDA
My Commission Expires:
This Board Order was filed in the Office of the City Clerk on this day of
2023.
Special Exception Board Order — Case No. 8-Z-22 Page 4 of 4