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:.
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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