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HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-009Temp. Reso. No. 12899 January 11, 2017 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 2017 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING NEW DEVELOPMENT SITE PLAN APPROVAL (WITH CONDITIONS) FOR 7-ELEVEN- #38035- TAMARAC, TO ALLOW FOR THE PROPOSED 2,565 SQUARE FOOT CONVENIENCE STORE AND MOTOR FUEL FACILITY WITH FOUR (4) GASOLINE PUMPS CONTAINING EIGHT (8) FUELING POSITIONS, FOR THE SUBJECT PROPERTY LOCATED ON THE NORTHWEST CORNER OF W COMMERCIAL BOULEVARD AND NW 31 AVENUE AT 3101 W COMMERCIAL BOULEVARD (SPECIFICALLY PARCEL A, AMOCO AT COMMERCIAL BOULEVARD, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 92, PAGE 12, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA) (CASE NO. 21-SP-16); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Bill Pfeffer, P.E, of Bowman Consulting Group, designated agentforthe property owner, Quantum XIV Developments USA, Inc., ("Applicant") is requesting approval of a New Development Site Plan to allow for the proposed 2,565 square foot convenience store and motor fuel facility with four (4) gasoline pumps containing eight (8) fueling positions; 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 Temp. Reso. No. 12899 January 11, 2017 Page 2 WHEREAS, Director of Community Development recommends approval (with conditions); and WHEREAS, the Planning Board recommended approval (with conditions) on January 4, 2017; 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 7-Eleven- #38035- Tamarac, to allow for the proposed 2,565 square foot convenience store and motor fuel facility with four (4) gasoline pumps containing eight (8) fueling positions; for the property located on the northeast corner of W Commercial Boulevard and NW 31 Avenue at 3101 W Commercial Boulevard (specifically Parcel A, Amoco at Commercial Boulevard, according to the plat thereof, recorded in Plat Book 92, Page 12, of the Public Records of Broward County, Florida.) Temp. Reso. No. 12899 January 11, 2017 Page 3 1 L' 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 7-Eleven- #38035, to allow for the proposed 2,565 square foot convenience store and motor fuel facility with four (4) gasoline pumps containing eight (8) fueling positions; for the property located on the northeast corner of W Commercial Boulevard and NW 31 Avenue at 3101 W Commercial Boulevard (specifically Parcel A, Amoco at Commercial Boulevard, according to the plat thereof, recorded in Plat Book 92, Page 12, of the Public Records of Broward County, Florida) is hereby approved subject to the following conditions as accepted by the Applicant: 1. New Development Site Plan approval is subject to the variances as approved by the Planning Board on January 4, 2017 (Case #4-B-16). 2. New Development Site Plan approval is contingent upon Special Exception approval for 7-Eleven- #38035 to allow for the use of a convenience store with gas sales in a B-2 (Planned Community Business) Zoning District (Case #2-Z-16). 3. Easement documentation approved by Broward County and recorded in the Public Records of Broward County, for the proposed Broward County Transit Easement shall be provided to the City of Tamarac prior to the approval of Building Permits for the construction of the proposed 2,565 square foot convenience store and motor Temp. Reso. No. 12899 January 11, 2017 Page 4 fuel facility with four (4) gasoline pumps. 4. Construction is to be in complete compliance with the plans and specifications submitted by the developer to the City of Tamarac. 5. Commencement of construction shall begin no later than one (1) year from the date of this approval. If the development does not commence within one (1) year, this approval is null and void unless an extension has been granted in accordance with applicable regulations. 6. The Development Order is assignable, but an assignment does not discharge any assignee from strict compliance with the order unless the City Commission consents to modify any of the original documents. 7. Satisfaction of outstanding Development Review Committee comments from the review of the New Development Site Plan for 7-Eleven- #38035, Case #21-SP-16 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. This Resolution shall become effective immediately upon its 1 J 1 Temp. Reso. No. 12899 January 11, 2017 Page 5 j PASSED, ADOPTED AND APPROVED this ATTEST: PATRICIA CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM w SAMUEL S. GOREN CITY ATTORNEY 5 day of 2017. { ARRY DRESSLER, MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2- COMM. GOMEZ 5 DIST 3: COMM. FISHMAN �4'S DIST 4: VICE MAYOR PLACKO 1