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HomeMy WebLinkAboutCity of Tamarac Resolution R-2024-007Temp. Reso. No. 14077 January 10, 2024 Page 1 of 7 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2024- C( ;r A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING SITE PLAN APPROVAL (MAJOR) WITH CONDITIONS TO ALLOW FOR THE DEMOLITION OF AN EXISTING ONE-STORY FOUR THOUSAND FIVE HUNDRED SEVENTY-FIVE (4,575) SQUARE -FOOT COMMERCIAL BANK BUILDING AND REDEVELOPMENT OF PROPERTY FOR A TWO THOUSAND NINE HUNDERED SEVENTY-EIGHT (2,978) SQUARE -FOOT FAST FOOD RESTAURANT BUILDING, WITH FIVE HUNDRED FORTY (540) SQUARE -FOOT OUTDOOR COVERED PATIO WITH TWO-LANE DRIVE - THROUGH WITH TWENTY-FIVE (25) VEHICLE QUEUING POSITIONS; FOR THE PROPERTY LOCATED AT 5600 N UNIVERSITY DRIVE, TAMARAC, FLORIDA, (CASE NO. 4- SP-23); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Kristina Belt, designated agent for the property owner, MIA Realty, LLC, is requesting Site Plan Approval (Major) with conditions to allow for the demolition of an existing one-story, four thousand five hundred seventy-five (4,575) square -foot commercial bank building and redevelopment of property for a proposed two thousand nine hundred seventy-eight (2,978) square -foot fast food restaurant building with five hundred forty (540) square -foot outdoor covered patio and two-lane drive -through with twenty-five (25) vehicle queuing positions for the property located at 5600 N University Drive, Tamarac, Florida (Case No. 4-SP-23); and Temp. Reso. No. 14077 January 10, 2024 Page 2 of 7 WHEREAS, the subject property ("Property") contains 1.21 acres, has a Future Land Use designation of "Commercial" per the City of Tamarac Future Land Use, and is zoned MU-G, Mixed -Use General, per the City of Tamarac 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 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 food (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 provisions of the Land Development Code of the City of Tamarac, Florida, public notice has been given of the time and place of the public hearings; said public hearings have been held in accordance with the notice; and the public has been given an opportunity to be 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 January 3, 2024; and WHEREAS, the City Commission has examined the application, in addition to staff Temp. Reso. No. 14077 January 10, 2024 Page 3 of 7 and Planning Board recommendations; 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 the best interests of the business owners, residents and visitors of the City of Tamarac, Florida to grant Site Plan (Major) approval with conditions to allow for the demolition of an existing one-story four thousand five hundred seventy-five (4,575) square -foot commercial bank building and redevelopment of property for a proposed two thousand nine hundred seventy-eight (2,978) square -foot fast food restaurant building with five hundred forty (540) square -foot outdoor covered patio and two-lane drive -through with twenty-five (25) vehicle queuing positions for the property located at 5600 N University Drive, Tamarac, Florida (Case No. 4-SP-23). 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. Temp. Reso. No. 14077 January 10, 2024 Page 4of7 Section 2: The application for Site Plan Approval (Major) to allow for the demolition of an existing one-story four thousand five hundred seventy-five (4,575) square -foot commercial bank building and redevelopment of property for a proposed two thousand nine hundred seventy-eight (2,978) square -foot fast food restaurant building with five hundred forty (540) square -foot outdoor covered patio and two-lane drive - through with twenty-five (25) vehicle queuing positions for the property located at 5600 N University Drive, Tamarac, Florida (Case No. 4-SP-23), is APPROVED subject to the following conditions: 1. Site Plan Approval (Major) is contingent upon Special Exception approval for Raising Cane's to allow for a Restaurant, fast food (with drive -through), use in an MU-G (Mixed -Use General) Zoning District (Case #4-Z-23). 2. Site Plan Approval (Major) is contingent upon acceptance, execution, and recordation, in the Public Records of Broward County at the applicant's expense, of a Cross -Access Agreement with the adjacent property, owned by Discount Auto Parts Inc., at 7500 NW 57 Street (Folio Number 494110130040). The Cross - Access Agreement shall grant access between properties and identify and detail all off -site improvements needed to allow for the cross -access that includes the widening of the access on NW 57 Street to twenty-four (24) feet in width, installation of curbing, and any striping necessary, as well as the timing of the improvements. The Event Management Plan shall be identified within and provided as an attachment to the Cross -Access Agreement. Temp. Reso. No. 14077 January 10, 2024 Page 5 of 7 3. Site Plan Approval (Major) is contingent upon approval of a variance by the City Commission from Section 5-33(a), Code of Ordinances, to allow the total height of accessory equipment installed on the roof of the proposed building to be three (3) feet higher than the height of exterior building walls. 4. 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. 5. Site plan Approval (Major) 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. 6. 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. 7. Satisfaction of all the outstanding Development Review Committee comments from the review of the Site Plan Approval (Major) for Raising Cane's (Case #4-SP- 23). 8. 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. 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 Temp. Reso. No. 14077 January 10, 2024 Page 6 of 7 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] 14Cyl 7 Temp. Reso. No. 1406&-7� January 10, 2024 Page 7 of 7 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS )01'` DAY OFF 2024. ATTEST: KIMBERL Y PILLON, CPJC CITY CLERK MICH LLE J. GOM Z, MAYOR RECORD OF COMMISSION VOTE MAYOR GOMEZ DIST 1: COMM. BOLTON_ DIST 2: V/M WRIGHT� DIST 1 COMM. VILLALOBOS DIST 4: COMM. DANIEL �IC� APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THIS CITY OF TAMARAC ONLY. This Resolution was filed in the Office of the City Clerk on this f Ift`day of 2024.