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HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-129Temp. Reso. No. 13028 October 25, 2017 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 2017 - 12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING FINAL PLAT APPROVAL FOR THE 7-ELEVEN #34942" PLAT, TO ALLOW FOR THE REDEVELOPMENT OF THE SUBJECT PROPERTY; DEDICATION OF AN ACCESS EASEMENT FOR CITY ACCESS THROUGH THE SUBJECT PROPERTY, A BLANKET INGRESS AND EGRESS EASEMENT FOR THE PROVISION OF MUNICIPAL SERVICES, MAINTENANCE TO EXISTING CANALS, FIRE PROTECTION, POLICE PROTECTION, EMERGENCY AND OTHER POLICE SAFETY SERVICES; FOR THE PROPOSED USE OF A CONVENIENCE STORE AND FUELING STATION WITH EIGHTEEN (18) FUELING POSITIONS; AS REQUESTED BY BILL PFEFFER, P.E., OF BOWMAN CONSULTING, DESIGNATED AGENT FOR THE PROPERTY OWNER, 7-ELEVEN, INC, FOR THE PROPERTY LOCATED ON THE SOUTHWEST CORNER OF WEST COMMERCIAL BOULEVARD AND NORTH STATE ROAD 7; (CASE NO. 3-P-17); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR EXECUTION OF SAID PLAT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a Plat application has been submitted by Bill Pfeffer, P.E., Bowman Consulting, designated agent for the property owner, 7-Eleven, Inc., for approval by the City of Tamarac; and WHEREAS, pursuant to Section 2-370 of the City of Tamarac Code of Ordinances, a public meeting has been advertised in accordance with the applicable law of the date, time and place of the meeting regarding the review of the application for Plat Approval; and WHEREAS, the Planning Board of the City of Tamarac has reviewed said Plat and has made recommendation for approval (with conditions) of said Plat on October 4, 2017; and WHEREAS, the City Engineer has reviewed said Plat and has made recommendation for approval and acceptance of said Plat by the City of Tamarac; and Temp. Reso. No. 13028 October 25, 2017 Page 2 of 5 WHEREAS, the Director of Community Development recommends approval of the Plat with conditions as agreed to by the applicant; and WHEREAS, the Development Review Requirements of the Broward County Land Use Plan appeared to have been satisfied; and WHEREAS, the City Commission has examined the application, staff and Planning Board recommendations, and all accompanying documents at a public meeting; 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 prior to the issuance of a Building Permit for the development that is the subject of the application; 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 to grant final plat approval for the 7-Eleven #34942" Plat, to allow for the redevelopment of the subject property; dedication of an access easement for city access through the subject property, a blanket ingress and egress easement for the provision of municipal services, maintenance to existing canals, fire protection, police protection, emergency and other police safety services; for the proposed use of a convenience store and fueling station with eighteen (18) fueling positions; as requested by Bill Pfeffer, P.E., of Bowman Consulting, designated agent for the property owner, 7-Eleven, Inc, for the property located on the southwest corner of West Commercial Boulevard and North State Road 7, (Case No. 3-P-17). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: P Temp. Reso. No. 13028 October 25, 2017 Page 3 of 5 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 upon recommendation of the Planning Board, the Director of Community Development and the City Engineer, the Plat application submitted to grant final plat approval for the 7-Eleven #34942" Plat, to allow for the redevelopment of the subject property; dedication of an access easement for city access through the subject property, a blanket ingress and egress easement for the provision of municipal services, maintenance to existing canals, fire protection, police protection, emergency and other police safety services; forthe proposed use of a convenience store and fueling station with eighteen (18) fueling positions; as requested by Bill Pfeffer, P.E., of Bowman Consulting, designated agent for the property owner, 7-Eleven, Inc, for the property located on the southwest corner of West Commercial Boulevard and North State Road 7; is hereby approved. Section 3: That the approval of the plat described hereto is subject to the following conditions: 1. An application for building permit for the construction of a principal building on the subject property will not be granted by the City's Building Department until the proposed 7-Eleven #34942 plat has been approved by the City and Broward County and recorded in the Official Records of Broward County at the applicant's expense. Temp. Reso. No. 13028 October 25, 2017 Page 4 of 5 2. The approval of the proposed final 7-Eleven #34942 plat by the City Commission shall have full force and effect for a period of twenty-four (24) months. 3. The proposed 7-Eleven #34942 plat will expire and a new plat application will be required to be submitted to the City of Tamarac if the 7-Eleven #34942 plat is not filed for record by the Broward County Finance and Administrative Services Department, County Records Division — Recording Section within the twenty-four (24) month approval period. 4. Satisfaction of minor outstanding Development Review Committee comments from the review of the proposed 7-Eleven #34942 plat, Case #3-P-17. 5. Satisfaction of Development Review Report, Notification of Readiness, plat report comments from Broward County of proposed 7-Eleven #34942 plat. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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 portion or applications of this Resolution. CFC`TICl1U F adoption. This Resolution shall become effective immediately upon its u fl 1 �J PASSED, ADOPTED AND APPROVED this PA RICIA TEUFllEL, MC CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SA EL t. GOWN CITY ATTORNEY Temp. Reso. No. 13028 October 25, 2017 Page 5 of 5 dt✓ g day of fljo Oa,m bU 2017. HA RY 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