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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