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
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