HomeMy WebLinkAboutCity of Tamarac Board Order BO-2018-04Prepared by and Return to:
Sam Goren
City Attorney
CITY OF TAMARAC
7525 NW 88'Avenue
Tamarac, Florida 33321-2401
Above This Line for Processing Data
Temporary Board Urder No. 23
INSTR # 115116880
Recorded 06/04/18 at 04:12 PM
Broward County Commission
4 Page(s)
#1
Space Above This Line for Recording
BOARD ORDER
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
BO-2018-n4l
TBO-23
HEARING DATE: May 2, 2018
CASE NO. 5-Z-17
IN RE: The Application of: Pollo Tropical
8851 W. Commercial Blvd, Tamarac, Florida
Property Folio Identification Numbers: 494108020040 & 494108020030 &
494108 020020
Property Legal Description:
A portion of LOTS 2,3,4, and 5, Block 9, LYONS COMMERCIAL SUBDIVISION UNIT
NO. 2, according to the Plat thereof recorded in Plat Book 69, Page 43, of the Public
Records of Broward County.
ORDER APPROVING SPECIAL EXCEPTION
The applicant, Craig McDonald, the designated agent for the property owner,
Tamarac Main Street Land, LLC (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 fast -casual dining
restaurant with dual drive -through lane service for the proposed Polio
Tropical restaurant located in the MXD (Mixed Use District) pursuant
to the Permitted Uses Master List, Section 24-434, Tamarac Code of
Ordinances.
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
the MXD (Mixed Use District).
Special Exception Board Order — Case No. 5-Z-17 Page 1 of 4
Pursuant to Sections 24-434, 2-370, 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 May 23, 2018 the City Commission further finds:
(1) The proposed use is compatible with the existing natural
environment and community character of the properties within the
immediate neighborhood.
(2) The proposed use is deemed desirable for public convenience, and
not injurious or otherwise detrimental to the public health, safety,
comfort and welfare.
(3) 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.
(4) 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.
(5) 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.
(6) That the land area is sufficient, appropriate and adequate for the
use and for any reasonably anticipated expansion thereof.
Pursuant to the authority contained in Sections 24-434 of the City of Tamarac Code
of Ordinances, the Applicant's application for a Special Exception for the use of a
fast -casual dining restaurant with drive -through service, as requested, and as set
forth above for the location at 8851 W. Commercial Blvd., Tamarac, Florida, is
hereby, APPROVED, subject to the following conditions:
1. The special exception shall only remain valid during the period of which the
certificate of occupancy and business license remains active.
Special Exception Board Order —Case No. 5-Z-17 Page 2 of 4
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. Any proposed expansion of the use of the fast -casual dining restaurant
or dual drive -through lane facilities will require reconsideration of the
special exception pursuant to Section 24-552, Code of Ordinances.
4. An application for building permit for the construction of a principal building
on the subject property will not be granted by the City's Building
Department until a Unity of Title has been executed and a copy supplied
to the City of Tamarac Community Development Department.
5. Any pre-existing code violations shall be satisfied before a certificate of
occupancy is issued for the proposed use.
6. Satisfaction of minor outstanding Development Review Committee
comments from the review of the proposed Polio Tropical New
Development Site Plan, (Case #3-SP-17).
7. Special Exception approval is contingent upon approval of the requested
Variance for Safe & Polio Tropical, (Case #5-B-17).
8. In accordance with Chapter 10, Division 8 of the Code of Ordinances, the
Applicant agrees to provide an agreed upon fair share contribution to the
City at the time of building permit application for the road improvements
along NW 57th Street.
This document shall be recorded in the public records
of Broward, County, Florida.
Special Exception Board Order — Case No. 5-Z-17 Page 3 of 4
DONE and ORDERED this day of !- 2018, in Tamarac,
Florida.
ATTEST:
PA RICIA TEUFEL, M
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
T[SA UELS. GOREN,
CITY ATTORNEY
MAYOR AND COMMISSION
CITY OF TAMARAC, FLORIDA
By:
HA Y bkESSLER, MAYOR
RECORD OF COMMISSION VOTE:
DIST 1: COMM BOLTON
DIST 2: V/M GOMEZ
DIST 1 COMM FISHMAN
DIST 4: COMM PLACKO
Special Exception Board Order — Case No. 5-Z-17 Page 4 of 4
Prepared by and Return to:
Sam Goren
City Attorney
CITY OF TAMARAC
7525 NW 88'i'Avenue
Tamarac, Florida 33321-2401
Above This Line for Processing Data
Temporary Board Urcler No. 23
Space Above This Line for Recording
BOARD ORDER
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
BO-2018-_&
TBO-23
HEARING DATE: May 2, 2018
CASE NO. 5-Z-17
IN RE: The Application of: Pollo Tropical
8851 W. Commercial Blvd, Tamarac, Florida
Property Folio Identification Numbers: 494108020040 & 494108020030 &
494108 020020
Property Legal Description:
A portion of LOTS 2,3,4, and 5, Block 9, LYONS COMMERCIAL SUBDIVISION UNIT
NO. 2, according to the Plat thereof recorded in Plat Book 69, Page 43, of the Public
Records of Broward County.
ORDER APPROVING SPECIAL EXCEPTION
The applicant, Craig McDonald, the designated agent for the property owner,
Tamarac Main Street Land, LLC (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 fast -casual dining
restaurant with dual drive -through lane service for the proposed Polio
Tropical restaurant located in the MXD (Mixed Use District) pursuant
to the Permitted Uses Master List, Section 24-434, Tamarac Code of
Ordinances.
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
the MXD (Mixed Use District).
Special Exception Board Order — Case No. 5-Z-17 Page 1 of 4
Pursuant to Sections 24-434, 2-370, 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 May 23, 2018 the City Commission further finds:
(1) The proposed use is compatible with the existing natural
environment and community character of the properties within the
immediate neighborhood.
(2) The proposed use is deemed desirable for public convenience, and
not injurious or otherwise detrimental to the public health, safety,
comfort and welfare.
(3) 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.
(4) 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.
(5) 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.
(6) That the land area is sufficient, appropriate and adequate for the
use and for any reasonably anticipated expansion thereof.
Pursuant to the authority contained in Sections 24-434 of the City of Tamarac Code
of Ordinances, the Applicant's application for a Special Exception for the use of a
fast -casual dining restaurant with drive -through service, as requested, and as set
forth above for the location at 8851 W. Commercial Blvd., Tamarac, Florida, is
hereby, APPROVED, subject to the following conditions:
1. The special exception shall only remain valid during the period of which the
certificate of occupancy and business license remains active.
Special Exception Board Order — Case No. 5-Z-17 Page 2 of 4
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. Any proposed expansion of the use of the fast -casual dining restaurant
or dual drive -through lane facilities will require reconsideration of the
special exception pursuant to Section 24-552, Code of Ordinances.
4. An application for building permit for the construction of a principal building
on the subject property will not be granted by the City's Building
Department until a Unity of Title has been executed and a copy supplied
to the City of Tamarac Community Development Department.
5. Any pre-existing code violations shall be satisfied before a certificate of
occupancy is issued for the proposed use.
6. Satisfaction of minor outstanding Development Review Committee
comments from the review of the proposed Pollo Tropical New
Development Site Plan, (Case #3-SP-17).
7. Special Exception approval is contingent upon approval of the requested
Variance for Safe & Pollo Tropical, (Case #5-B-17).
8. In accordance with Chapter 10, Division 8 of the Code of Ordinances, the
Applicant agrees to provide an agreed upon fair share contribution to the
City at the time of building permit application for the road improvements
along NW 57th Street.
This document shall be recorded in the public records
of Broward, County, Florida.
Special Exception Board Order — Case No. 5-Z-17 Page 3 of 4
DONE and ORDERED this a'3 day of 2018, in Tamarac,
Florida.
ATTEST:
uCFf')4j1 TIEW �W.
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
t__.
'PA UELS. GOREN,
CITY ATTORNEY
MAYOR AND COMMISSION
CITY OF TAMARAC, FLORIDA
By:
HA Y bRESSLER, MAYOR
RECORD OF COMMISSION VOTE:
IIT, L\Yo]:a 07:1X&IIaIIV
DIST 1: COMM BOLTON
DIST 2: V/M GOMEZ
DIST 3: COMM FISHMAN
DIST 4: COMM PLACKO
LZ
Special Exception Board Order — Case No. 5-Z-17 Page 4 of 4