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HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-128Temp. Reso. No. 13027 October 25, 2017 Page 1 of 5 CITY OF TAMARAC, FLORIDA Resolution No. R 2017 - I Z R A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING MAJOR REVISED SITE PLAN APPROVAL (WITH CONDITIONS) FOR 7-ELEVEN #34942, TO ALLOW FOR THE PROPOSED 2,884 SQUARE FOOT CONVENIENCE STORE AND MOTOR FUEL FACILITY WITH NINE (9) GASOLINE PUMPS CONTAINING EIGHTEEN (18) FUELING POSITIONS, FOR THE SUBJECT PROPERTY LOCATED ON THE SOUTHWEST CORNER OF WEST COMMERCIAL BOULEVARD AND NORTH STATE ROAD 7 AT 4999 NORTH STATE ROAD 7 (CASE NO. 8-SP-17); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Bill Pfeffer, P.E, of Bowman Consulting Group, designated agent for the property owner, 7-Eleven, Inc., is requesting approval of a Major Revised Site Plan to allow for the proposed 2,884 square foot convenience store and motor fuel facility with nine (9) gasoline pumps containing eighteen (18) 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 WHEREAS, Director of Community Development recommends approval (with conditions as agreed to by the applicant); and WHEREAS, the Planning Board recommended approval (with conditions) on October 4, 2017; and Temp. Reso. No. 13027 October 25, 2017 Page 2 of 5 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) for 7-Eleven #34942 to allow for the proposed 2,884 square foot convenience store and motor fuel facility with nine (9) gasoline pumps containing eighteen (18) fueling positions; for the property located at the southwest corner of West Commercial Boulevard and North State Road 7 at 4999 North State Road 7. 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. 7 it Temp. Reso. No. 13027 October 25, 2017 Page 3 of 5 SECTION 2: That the application for the Major Revised Site Plan approval (with conditions) for 7-Eleven #34942 to allow for the proposed 2,884 square foot convenience store and motor fuel facility with nine (9) gasoline pumps containing eighteen (18) fueling positions; for the property located at the southwest corner of West Commercial Boulevard and North State Road 7 at 4999 North State Road 7 is hereby approved subject to the following conditions as agreed to by the applicant: 1. Major Revised Site Plan approval is contingent upon approval of the requested rezoning for 7-Eleven #34942 (Case #2-Z-17). 2. Major Revised Site Plan approval is contingent upon approval of the requested 7- Eleven #34942 Plat (Case #3-P-17). 3. Major Revised Site Plan approval is contingent upon approval of the requested variance for 7-Eleven #34942 (Case #10-B-17). 4. Major Revised Site Plan approval is contingent upon Special Exception approval for 7-Eleven #34942 to allow for the use of a convenience store with gas sales in a B-3 (General Business) Zoning District (Case #2-Z-17). 5. 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. 6. 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. Temp. Reso. No. 13027 October 25, 2017 Page 4of5 7. 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. 8. Satisfaction of the outstanding Development Review Committee comments from the review of the Major Revised Site Plan for 7-Eleven #34942 (Case #8-SP-17). 9. Relocate the proposed propane cage located adjacent to the convenience store building from the street fagades facing W Commercial Boulevard and N State Road 7, and screen the propane cage with a wall or building on all sides, a minimum of six (6) inches above the propane cage. 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. .qFrTII)N Jri adoption. This Resolution shall become effective immediately upon its J 1 PASSED, ADOPTED AND APPROVED this ATTEST: PATRICIA TEUF L, CMC CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SAMUELS.GORE CITY ATTORNEY Temp. Reso. No. 13027 October 25, 2017 Page 5of5 day of 100 0 cro b l 2017. HARRY DRESSLER, MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER �- DIST 1: COMM. BOLTON DIST 2: COMM. GOMEZ DIST 3: COMM. FISHMAN DIST 4: VICE MAYOR PLACKO