HomeMy WebLinkAboutCity of Tamarac Board Order BO-2018-09Prepared by and Return to:
Sam Goren
City Attorney
CITY OF TAMARAC
7525 NW 88th Avenue
Tamarac, Florida 33321-2401
Space Above This Line for Processing D
i emporary board uroer No. 26
INSTR # 115448637
Recorded 11 /15/18 at 11:42 AM
Broward County Commission
4 Page(s)
#1
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BOARD ORDER
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
BO-2018- 0'7
TBO-28
HEARING DATE:
CASE NO. 7-Z-18
IN RE: The Application of: KFC
7556 N.W. 58th Street, Tamarac, Florida
Property Folio Identification Numbers: 494110032820
Property Legal Description:
October 24, 2018
MAINLANDS OF TAMARAC LAKES NINTH SEC, according to the Plat thereof recorded
in Plat Book 67, Page 48B, of the Public Records of Broward County.
ORDER APPROVING SPECIAL EXCEPTION
The applicant, Scott Backman, Esq., designated agent for the property owner, RM
Tamarac Plaza LP (the "Applicant"), filed an application with the City of Tamarac ("City")
Department of Community Development for the following Special Exception Use:
Special Exception approval to allow for the use of a 1,984-square foot
fast food restaurant with drive -through service (KFC) in a B-1
(Neighborhood Business District) now, MU-C (Mixed Use Corridor)
Zoning District pursuant to the Tamarac Code of Ordinances.
Special Exception Board Order — Case No. 7-Z-18 Page 1 of 4
Notice of the request for the Special Exception Use was given as required by
law. The City Commission ("the Commission") finds that the property is located in
a B-1 (Neighborhood Business) Zoning District. Pursuant to Sections 2-370, 24-
133 and 24-548 of the City of Tamarac Code of Ordinances, and following the
consideration of all testimony and evidence presented at the hearing on October24,
2018, and the recommendation of the Planning Board the City Commission further
finds:
(1) This application was filed prior to July 11, 2018 and is being
considered under the Land Development Regulations and Zoning
Map effective at the time of filing.
(2) The proposed use is compatible with the existing natural
environment and community character of the properties within the
immediate neighborhood.
(3) The proposed use is deemed desirable for public convenience, and
not injurious or otherwise detrimental to the public health, safety,
comfort and welfare.
(4) The design of the proposed use shall minimize adverse effects,
including noise, light, dust or other potential nuisances, of the
proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria
consistent with the city regulations to the greatest extent possible.
Entire site shall be void of any pre-existing code violations.
(5) There are adequate parking areas and off-street truck loading
spaces (if applicable) consistent with the parking requirements of
the Code, and the layout of the parking and vehicular use areas is
convenient and conducive to safe operation consistent with the city
standards to the greatest extent possible.
(6) That there will be adequate provisions for traffic movement, both
vehicular and pedestrian internal to the use and adequate
measures exist or shall be taken to provide ingress and egress to
the proposed use, for both vehicles and pedestrian, in a manner
that minimizes traffic congestion in the public streets, and the use
may not result in a significantly greater amount of traffic on local
streets than would result from a development permitted by right.
(7) That the land area is sufficient, appropriate and adequate for the
use and for any reasonably anticipated expansion thereof.
Special Exception Board Order — Case No. 7-Z-18 Page 2 of 4
Pursuant to the authority contained in Sections 2-370, 24-133 and 24-548 of the
City of Tamarac Code of Ordinances, the Applicant's application for a Special
Exception for the use of a 1,984-square foot fast food restaurant with drive -through
service as requested, and as set forth above for the location at 7556 N.W. 58tn
Street, Tamarac, Florida, is hereby, APPROVED, subject to the following
conditions as agreed to by the applicant:
1. The special exception shall only remain valid during the period of which the
certificate of occupancy and business license remains active.
2. The special exception is transferable administratively pursuant to compliance
with City Codes, submitting documentation and payment of fees only after the
previous condition has been met.
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 violations shall be satisfied before a certificate of
occupancy is issued for the proposed use.
5. Approval of the special exception is contingent upon approval of the Major
Revised Site Plan application for KFC (Case #6-SP-18), by the City
Commission.
6. Special Exception approval is contingent upon approval of the requested
variance for KFC (Case #4-13-18).
7. The applicant shall restore the wall along the eastern perimeter property line to
be architecturally compatible with the proposed structure including, cleaning,
painting, capping, and the installation of split face elements.
This document shall be recorded in the public records of Broward, County, Florida.
SIGNATURE PAGE TO FOLLOW
Special Exception Board Order — Case No. 7-Z-18 Page 3 of 4
DONE and ORDERED this day of 2018, in Tamarac,
Florida.
ATTEST
PATRICIAT�,QFEL, CMC
CITY C L8R
MAYOR AND COMMISSION
CITY F TAMARAC, FLORIDA
By: Jv
FTARFtf DRESSLER, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM BOLTON
DIST 2: V/M GOMEZ
DIST 3: COMM FISHMA
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
AMUELS. GOREN,
CITY ATTORNEY
Special Exception Board Order — Case No. 7-Z-18
DIST 4: COMM PLACKO
Page 4 of 4
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