HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-058Temporary Resolution No. 13107
May 9, 2018
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CITY OF TAMARAC, FLORIDA
RESOLUTION R-2018-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, GRANTING
NEW DEVELOPMENT SITE PLAN APPROVAL
(WITH CONDITIONS) FOR POLLO TROPICAL
TO ALLOW FOR THE DEVELOPMENT OF A
3,500 SQUARE FOOT FAST CASUAL DINING
RESTAURANT WITH DUAL DRIVE -THROUGH
LANE SERVICE, FOR THE SUBJECT
PROPERTY LOCATED ON THE NORTH SIDE
OF W. COMMERCIAL BOULEVARD EAST OF
N.W. 91ST AVENUE AND WEST OF N.W. 88T"
AVENUE AT 8851 W. COMMERCIAL
BOULEVARD (SPECIFICALLY, BLOCK 9, LOTS
2,3,4 & 5 OF THE LYONS COMMERCIAL
SUBDIVISION UNIT NO. 2 PLAT, ACCORDING
TO THE PLAT THEREOF, RECORDED IN PLAT
BOOK 69, PAGE 43, OF THE PUBLIC RECORDS
OF BROWARD COUNTY, FLORIDA) (CASE NO.
3-SP-17); PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Craig McDonald, of Corporate Property Services, designated agent for
the property owner, Tamarac Main Street Land LLC, is requesting approval of a New
Development Site Plan to allow for the development of a 3,500-square foot fast casual
dining restaurant with dual drive -through lane service; and
WHEREAS, pursuant to the instructions of the City Commission of the City of
Tamarac, Florida, 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 New
Development Site Plan approval; and
Temporary Resolution No. 13107
May 9, 2018
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WHEREAS, Director of Community Development recommends approval (with
conditions); and
WHEREAS, the Planning Board recommended approval (with conditions) on May 2,
2018, and
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 New
Development Site Plan approval (with conditions) for Pollo Tropical, to allow for the
proposed 3,500 square foot fast casual dining restaurant with dual drive -through lane
service; for the property located on the north side of north side W. Commercial Boulevard
east of N.W. 91 st Avenue and west of N.W.88t'Avenue at 8851 W. Commercial Boulevard,
(specifically Block 9, Lots 2,3,4 & 5, Lyons Commercial Subdivision Unit No. 2, according
to the plat thereof, recorded in Plat Book 69, Page 43, of the Public Records of Broward
County, Florida).
Temporary Resolution No. 13107
May 9, 2018
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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 New Development Site Plan
approval (with conditions) for Pollo Tropical, to allow for the proposed 3, 500 square foot
fast casual dining restaurant with dual drive -through lane service; for the property located
on the north side of W. Commercial Boulevard east of N.W. 91It Avenue and west of N.W.
88th Avenue at 8851 W. McNab Road (specifically Block 9, Lots 2,3,4 & 5, Lyons
Commercial Subdivision Unit No. 2 Plat, according to the plat thereof, recorded in Plat
Book 69, Page 43, of the Public Records of Broward County, Florida) is hereby approved
subject to the following conditions:
1. New Development Site Plan approval is contingent upon approval of the requested
variance for Pollo Tropical (Case #5-B-17).
2. New Development Site Plan approval is contingent upon Special Exception approval
for Pollo Tropical to allow for the use of a fast -casual dining restaurant with dual
drive -through lane service in the MXD, Mixed Use District (Case #5-Z-17).
3. Construction is to be in complete compliance with the plans and specifications
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May 9, 2018
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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 New Development Site Plan for Pollo Tropical (Case #3-SP-17).
7. A unity of title shall be executed, and a copy provided to the Community
Development department prior to the issuance of the first building permit.
8. The applicant shall construct an additional handicap parking stall to provide a total
of three (3) handicap parking spaces per the condition of approval rendered by the
City's Planning Board at its May 2, 2018 meeting.
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.
C
SECTION 5:
adoption.
Temporary Resolution No. 13107
May 9, 2018
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This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this -' day of
HARRY DRESSLER,
MAYOR
ATTEST:
PATRICIA TEUFEL,
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BOLTON
DIST 2: V/M GOMEZ
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SA EL S. GOREN
CITY ATTORNEY