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HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-146TEMP. RESOLUTION NO. 13201 October 10, 2018 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION R — 2018 — Ia ,V'' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING MAJOR REVISED SITE PLAN APPROVAL (WITH CONDITIONS) FOR KFC, TO ALLOW FOR THE CONSTRUCTION OF A 1,984 SQUARE FOOT FAST FOOD RESTAURANT WITH DRIVE - THROUGH SERVICE FOR THE SUBJECT PROPERTY LOCATED AT 7556 N.W. 58 STREET (CASE NO. 6-SP-18); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY1. AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Scott Backman, Esq., of Dunay, Miskel, & Backman, LLP, designated agent for the property owner, RM Tamarac Plaza LP is requesting approval of a Major Revised Site Plan to allow for the construction of a 1,984-square foot fast food restaurant with drive -through service; and WHEREAS, the application was filed prior to July 11, 2018 and reviewed under the Land Development Regulations and Zoning Map applicable at the time of filing; and WHEREAS, pursuant to Article X of the City of Tamarac Code of Ordinances, a public meeting has been advertised in accordance with applicable law of the date, time and place of the meeting regarding the review of the petition for Major Revised Site Plan approval; and WHEREAS, the Director of Community Development recommends approval (with conditions); and WHEREAS, the Planning Board recommended approval (with conditions) on October 3, 2018; and TEMP. RESOLUTION NO. 13201 October 10, 2018 Page 2 WHEREAS, the City Commission has examined the application, the staff and Planning Board recommendations; and WHEREAS, the City Commission has determined that the application is in compliance with all elements of the Comprehensive Plan, or will be in compliance with all elements of the Comprehensive Plan prior to the issuance of a Certificate of Occupancy for the development; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac, Florida to grant Major Revised Site Plan approval (with conditions), as agreed to by the Applicant for KFC to allow for the construction of a 1,984 square foot fast food restaurant with drive -through service; for the property located at 7556 N.W. 58th Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution; all exhibits attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: That the application for the Major Revised Site Plan approval (with conditions), as agreed to by the applicant for KFC to allow for the construction of a 1,984-square foot fast food restaurantwith drive -through service; forthe property located at 7556 N.W. 58th Street is hereby approved subject to the following conditions: TEMP. RESOLUTION NO. 13201 October 10, 2018 Page 3 1. Major Revised Site Plan approval is contingent upon Special Exception approval for KFC to allow for the use of a fast food restaurant with drive -through service in the B- 1 (Neighborhood Business) Zoning District (Case #7-Z-18). 2. Major Revised Site Plan approval is contingent upon approval of the Variance for KFC (Case # 4-B-18). 3. Construction is to be in complete compliance with the plans and specifications submitted by the developer to the City of Tamarac and approved engineering drawings. 4. Site plan approval shall be void one (1) year after the date of approval unless a building permit has been issued for the construction of all facilities provided in the site plan and construction is diligently pursued. 5. The Development Order is assignable, but assignment does not discharge any assignee from strict compliance with the order unless the City Commission consents to modify any of the original requirements. 6. Satisfaction of the outstanding Development Review Committee comments from the review of the Major Revised Site Plan for KFC (Case #6-SP-18). SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: adoption. TEMP. RESOLUTION NO. 13201 October 10, 2018 Page 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this ATTEST: PATRICIA TEUFEL, CIVIC CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SAMUEL S. GOREN CITY ATTORNEY 1 day of �4 2018. , w rz D. MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: V/M GOMEZ DIST 3: COMM. FISHMAN DIST 4: COMM. PLACKO J 1