HomeMy WebLinkAboutCity of Tamarac Board Order BO-2018-05\ ` ' Prepared by and Return to:
Sam Goren
City Attorney
CITY OF TAMARAC
7525 NW 88t' Avenue
Tamarac, Florida 33321-2401
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i emporary boara uraer No. 14
INSTR # 115236993
Recorded 08/01/18 at 02:42 PM
Broward County Commission
3 Page(s)
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BOARD ORDER
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
BO-2018-06
TBO-24
HEARING DATE: June 27, 2018
CASE NO. 3-Z-18
IN RE: The Application of: Pollo El Cojido Restaurant Expansion for a Bar
5845 North University Drive, Tamarac, Florida
Property Folio Identification Numbers: 494109370010
Property Legal Description: Midway Plaza 126-14 B Parcel A
ORDER APPROVING SPECIAL EXCEPTION
The applicant, Yenny Rodriguez, the designated agent for the property owner,
DDRM/Josh Gentry, Representative (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 expansion of use for a bar
area into an existing restaurant in a MXD (Mixed Use) Zoning 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
a MXD (Mixed Use) Zoning District. Pursuant to Sections 2-370, 24-434 and 24-
548 of the City of TamaracCode of Ordinances, and following the consideration of
all testimony and evidence presented at the hearing on June 27, 2018, and the
recommendation of the Planning Board the City Commission further finds:
Special Exception Board Order — Case No. 3-Z-18
Page 1 of 3
(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 2-370, 24-434 and 24-548 of the
City of Tamarac Code of Ordinances, the Applicant's application for a Special
Exception for the use of a restaurant with associated bar area, as requested, and
as set forth above for the location at 5845 North University Drive, Tamarac, Florida,
is hereby, APPROVED, subject to the following conditions of which the applicant
has agreed to:
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 hours of operation shall not exceed 2.00 AM 7 days a week.
Special Exception Board Order — Case No. 3-Z-18 Page 2 of 3
This document shall be recorded in the public records of Broward, County, Florida.
DONE and ORDERED this c2 7 day of 2018, in Tamarac,
Florida.
ATTEST.�!
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P-ATRICIA TEUFEL,j[CMC
Cli-Y`CLERK U
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
V,fi4j//SSAUECS. G REN,
CITY ATTORNEY
MAYOR AND COMMISSION
CITY OF ARAC, FLORIDA
By:
HARfrYbAE18SLER, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM BOLTON 1-2�
DIST 2: V/M GOMEZ Ag_
DIST 3: COMM FISHMAN
DIST 4: COMM PLACKO J'LO
Special Exception Board Order — Case No. 3-Z-18 Page 3 of 3