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HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-006Temp Reso #12290 January 9, 2013 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2013 - 06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A SPECIAL EXCEPTION TO ALLOW FOR THE OPERATION OF A BANK WITH A DRIVE -THROUGH FACILITY TO BE LOCATED WITHIN AN EXISTING STAND-ALONE BUILDING IN MIDWAY PLAZA, 5819 NORTH UNIVERSITY DRIVE (A PORTION OF PARCEL "A" OF "MIDWAY PLAZA" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 126, PAGE 14 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA) (CASE NO. 9-Z-12); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances of the City of Tamarac, Florida provides for the granting of a Special Exception to allow for the operation of a Bank United financial institution with a drive -through facility to be located within an existing stand-alone building in Midway Plaza, 5819 North University Drive (A portion of Parcel "A" of "Midway Plaza" according to the plat thereof as recorded in Plat Book 126, page 14 of the public records of Broward County, Florida); and WHEREAS, the proposed Special Exception is in compliance with the City's Comprehensive Plan as it supports the City's Goals, Objectives and Policies regarding neighborhoods (residential and nonresidential) that are attractive, well maintained, and that contribute to the health, safety, and welfare of their residents and users; and WHEREAS, the proposed Special Exception is consistent with the adjacent Temp Reso #12290 January 9, 2013 Page 2 residential neighborhoods relative to the proposed intensity, building mass, and aesthetic impact of the requested use; and WHEREAS, the Director of Community Development recommends approval of this application; and WHEREAS, the Planning Board recommends approval of this application; and WHEREAS, the City Commission of the City of Tamarac finds that granting the petition for Special Exception would be in keeping with the public health, safety and general welfare of the City of Tamarac; 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 approve this Special Exception petition to allow for the operation of a Bank United financial institution with a drive -through facility to be located within an existing stand-alone building in Midway Plaza, 5819 North University Drive (A portion of Parcel "A" of "Midway Plaza" according to the plat thereof as recorded in Plat Book 126, page 14 of the public records of Broward County, Florida). 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. Temp Reso #12290 January 9, 2013 Page 3 SECTION 2: That this Special Exception petition to allow for the operation of a Bank United financial institution drive -through facility to be located within an existing stand-alone building of Midway Plaza, 5819 North University Drive (A portion of Parcel "A" of "Midway Plaza" according to the plat thereof as recorded in Plat Book 126, page 14 of the public records of Broward County, Florida) is hereby approved subject to the following conditions: 1. The entire site in which the proposed use is located shall be in compliance with the current landscaping requirements to the greatest extent possible as stated in the City's Landscaping Code (Chapter 11 of the Code of Ordinances). 2. All vehicular use areas shall be in compliance with the current requirements to the greatest extent possible as stated in chapter 9, Health, Sanitation and Nuisances, Chapter 24, Zoning in the City's Engineering Standards. 3. The entire site shall be void of any pre-existing code violations. 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 Temp Reso #12290 January 9, 2013 Page 4 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. *,DAY PASSED, ADOPTED AND APPROVED THIS OF��tij 2013. BETH TALABISCO MAYOR ATTEST: ATRICIA TEUFE CMC INTERIM CITY CL RK RECORD OF COMMISSION VOTE: MAYOR TALABISCO DIST 1: COMM. BUSHN l DIST 2: COMM. ATKINS-G DIST 3: COMM. GLASSEF DIST 4: V/M. DRESSLER I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SAMUEL S. GOREN CITY ATTORNEY