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HomeMy WebLinkAboutCity of Tamarac Board Order BO-2017-080 7- Prepared by and Return to: Sam Goren City Attorney CITY OF TAMARAC 7525 NW 88" Avenue Tamarac, Florida 33321-2401 1 emporary Board Order No. 16 INSTR # 114734317 Recorded 11/21/17 at 03:16 PM Broward County Commission 4 Page(s) 81 Above This Line for BOARD ORDER BEFORE THE CITY COMMISSION CITY OF TAMARAC, FLORIDA BO - 2017 - OS TBO-18 HEARING DATE: November 8, 2017 CASE NO. 3-Z-17 IN RE: The Application of: 7-Eleven - #34942 - Tamarac 4999 North State Road 7, Tamarac, Florida Property Folio Identification Numbers: 494113010040 & 494113230010 Property Legal Description: Tract "A", Goett Plat, as recorded in Plat Book 130, Page 20 and a portion of Lot 9, of Section 13, Township 49 South, Range 41 East, of Fort Lauderdale Truck Farms Subdivision, as recorded in Plat Book 4, Page 31 and a portion of Parcel "C", The Mainlands of Tamarac Lakes, as recorded in Plat Book 64, Page 1, all of the Public Records of Broward County, Florida and being more particularly described as follows: Begin at the Southeast Corner of said Tract "A"; Thence bearing South 89°31'16" West, along the South line of said Tract "A" and the Westerly extension thereof, a distance of 250.00 Feet to the East line of said Parcel "C"; Thence bearing South 01°25'14" East, along said East line, a distance of 43.98 Feet to the Southeast Comer of said Parcel "C" and the Point of a curve of a non -tangent curve concave Southwesterly having a radius of 156.51 Feet and a central angle of 47°14'43" and a chord of 125.43 Feet bearing North 25°15'02" West; Thence Northwesterly along the arc of said curve for a distance of 129.06 Feet To The Southwest Corner of said Parcel "C"; Thence bearing North 01"09'41" West, along the West line of said Parcel "C", a distance of 90.04 Feet to a point; Thence bearing North 89°46'49" East, a distance of 3.00 Feet to a point; Thence bearing North 01 o09'41" West, a distance of 18.00 Feet to a point; Thence bearing South 89°46'49" West, a distance of 3.00 Feet to a point; Thence bearing North 01°09'41" West, a distance of 13.78 Feet to the South right of way line of Commercial Boulevard; Thence bearing South 89°34'56" East, along said South right of way line, a distance of 80.60 Feet to a point; Thence bearing North 89°30'08" East, a distance of 19.50 Feet to a point; Special Exception Board Order - Case No. 3-Z-17 Page 1 of 4 ZI F L35 5� Thence bearing South 01 °26'22" East, a distance of 9.50 Feet to a point; Thence bearing North 89°29'13" East. a distance of 142.07 Feet to a point; Thence bearing South 45°39'05" East. a distance of 48.93 Feet to a point; — Thence bearing North 88°26'34" East, a distance of 23.50 Feet to the West right of way line State Road No. 7; Thence bearing South 01°33'25" East, along said West right of way line, a distance of 147.03 Feet to the point of beginning. ORDER APPROVING SPECIAL EXCEPTION The applicant, Bill Pfeffer, P.E, of Bowman Consulting Group, designated agent for the property owner, 7-Eleven, Inc., (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 convenience store with gas sales for the proposed 7-Eleven - #34942 - Tamarac in a B-3 (General Business) Zoning District pursuant to the Permitted Uses Master List, Section 24434, Tamarac Code ofOrdinances. 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 B-3 (General Business) Zoning District. Pursuant to Sections 24-434 of the City of Tamarac Code of Ordinances, and following the consideration of all testimony and evidence presented at the hearing on November 8, 2017, 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 Special Exception Board Order — Case No. 3-Z-17 Page 2 of 4 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 expansionthereof. 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 convenience store with gas sales, as requested, and as set forth above for the location at 4999 N State Road 7, 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. 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 convenience store with gas sales will require reconsideration of the special exception pursuant to Section 24-552, Code of Ordinances. 4. Approval of the special exception is contingent upon approval of the application for Major Revised Site Plan for 7-Eleven, Case #8-SP-17, by the City Commission. 5. A solid masonry wall of at least six (6) feet in height shall be constructed within the entire length of the six (6) foot wide City of Tamarac fence easement by the current property owner should the existing eight (8) foot high PVC fence be removed by the City, within one (1) year of the removal of the PVC fence. 6. Any pre-existing code violations shall be satisfied before a certificate of occupancy is issued for the proposed use. This document shall be recorded in the public records of Broward, County, Florida. Special Exception Board Order —Case No. 3-Z-17 Page 3 of 4 DONE and ORDERED this k 4L day of fip0dmha, 2017, in Tamarac, Florida. ATTEST: Z. CATR"ICIATEUFEC CITY CLERK a:. "ur. v I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FO_R.M/: % SAMVELS. GOREN, CITY ATTORNEY MAYOR AND COMMISSION CITY OF TAMARAC, FLORIDA By: YD SSLER, YOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST l: COMM BOLTON ULUA DIST 2: COMM GOMEZ DIST 3: COMM FIS14MAN DIST 4: V/M PLACKO Special Exception Board Order —Case No. 3-Z-17 Page 4 of 4