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HomeMy WebLinkAboutCity of Tamarac Board Order BO-2024-01Instr# 119382850 , Page 1 of 3, Recorded 02/08/2024 at 02:25 PM Broward County Commission Prepared by and Return to: CITY OF TAMARAC 7525 NW 881 Avenue Tamarac, Florida33321-2401 Space Above This Line for Processing Data FINAL BOARD ORDER FOR DEVELOPMENT PERMIT BEFORE THE CITY COMMISSION CITY OF TAMARAC, FLORIDA BO — 2024 - ai HEARING DATE: January 10, 2024 CASE NO. 4-Z-23 IN RE: The Application of: Raising Cane's Location: 5600 N University Drive, Tamarac, Florida 33319 Property Folio Identification Number: 4941-10-12-0010 Property Legal Description: ATLANTIC FEDERAL TAMARAC 87-45 B PARCEL A FINAL ORDER APPROVING SPECIAL EXCEPTION Order granting Special Exception approval for Raising Cane's, to allow for a Restaurant, fast food (with drive -through), use in the MU-G (Mixed Use General) zoning district, pursuant to the Tamarac Code of Ordinances. Kristina Belt, designated agent for the property owner, MIA Realty, LLC (the "Applicant"), is requesting approval of a Special Exception to allow for a Restaurant, fast food (with drive -through), use on the subject property, legally described as ATLANTIC FEDERAL TAMARAC 87-45 B PARCEL A, located at 5600 N University Drive, 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 Commission of the City of Tamarac ("Commission") has identified that the Property is in the MU-G (Mixed -Use General) 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 January 3, 2024, and recommend to the City Commission, APPROVAL OF THE APPLICATION. Special Exception Board Order — Case No. 4-Z-23 Pagel of 3 Instr# 119382850 , Page 2 of 3 Following consideration of all testimony and evidence presented at the City Commission hearing on January 10, 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 minimize 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 remain active. i) That the Special Exception is transferable administratively subject to compliance with City Codes, submission of documentation and payment of all fees (if any). j) Any pre-existing code violations shall be brought into compliance before a certificate of occupancy is issued for the proposed use. Pursuant to the authority contained in Sections 2-369, 2-370, 10-3.2, 10-5.3 (G) and (14) and 10- 5.4 (G) of the City of Tamarac Code of Ordinances, the Applicant's request for Special Exception Approval to allow for a Restaurant, fast food (with drive -through), use in the MU-G (Mixed -Use General) zoning district located at 5600 N University Drive, is hereby GRANTED WITH CONDITIONS subject to the following: 1. Any transfer of Special Exception including all associated conditions will be acknowledged by the new owner in writing. "The remainder of this page is left blank intentionally" Special Exception Board Order — Case No. 4-Z-23 Page 2 of 3 Instr# 119382850 , Page 3 of 3, End of Document TBO#: 83 This document shall be recorded in the public records of Broward, County, Florida. DONE and ORDERED this ! 1 day of S fTtMi --�-j , 2024, in Tamarac, Florida. CITY COMMISSION CITY OF TAMARAC, FLORIDA — /-/I;- /-/ 110 � 7a, 0, 1 / " - MI HELLE J. GOM , MAYOR ATTEST: KfM-AFRI,Y IJILLON, 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. Sworn to and subscribed before me this ) 0fk day of c..) -A A 12024. *x ANN MARIE G " t T Rio? i3! PUBLIC, STATE OF FLORIDA ``P Notary Public - State o commission = HH 095695 My Commission Expires: ?ors�dt' My Comm. ExpiresFet) 22. 2075 9onded through hatiorai votary Assn. This Board. Order was filed in the Office of the City Clerk on this 11D day of202_4 Special Exception Board Order — Case No. 4-Z-23 Page 3 of 3