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HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-012Temp Reso #11981 January 18, 2011 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2011- ��-- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A SPECIAL EXCEPTION TO ALLOW FOR THE OPERATION OF A KRISPY KREME FAST FOOD RESTAURANT WITH A DRIVE -THROUGH FACILITY TO BE LOCATED WITHIN AN EXISTING STAND-ALONE BUILDING OF SUNSHINE PLAZA, 4299 WEST COMMERCIAL BOULEVARD (A PORTION OF TRACTS 7 AND 8 OF FORT LAUDERDALE TRUCK FARMS SUBDIVISION OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST AS RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA) (CASE NO. 9-Z-10); 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 forthe granting of a Special Exception to allow for the operation of a Krispy Kreme Fast Food Restaurant with a drive -through facility to be located within an existing stand-alone building of Sunshine Plaza, 4299 West Commercial Boulevard (a portion of tracts 7 and 8 of Fort Lauderdale Truck Farms subdivision of Section 13, Township 49 South, Range 41 East as recorded in Plat Book 4, Page 31 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 residential neighborhoods relative to the proposed intensity, building mass, and aesthetic impact of the requested use; and Temp Reso #11981 January 18, 2011 Page 2 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 Krispy Kreme Fast Food Restaurant with a drive -through facility to be located within an existing stand-alone building of Sunshine Plaza, 4299 West Commercial Boulevard (a portion of tracts 7 and 8 of Fort Lauderdale Truck Farms subdivision of Section 13, Township 49 South, Range 41 East as recorded in Plat Book 4, Page 31 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. SECTION 2: That this Special Exception petition to allow forthe operation of a Krispy Kreme Fast Food Restaurant with a drive -through facility to be located within an existing stand-alone building of Sunshine Plaza, 4299 West Commercial Boulevard (a portion of tracts 7 and 8 of Fort Lauderdale Truck Farms subdivision of Section 13, Township 49 South, Range 41 East as recorded in Plat Book 4, Page 31 of the public records of Broward County, Florida is HEREBY APPROVED. n 1 1 Temp Reso #11981 January 18, 2011 Page 3 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. PASSED, ADOPTED AND APPROVED this day of qa'47 , 2011. BETH TALABIS MAYOR ATTEST: .tea PETER M. Ri RDSON, CRM, CMC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR TALABISCO L DIST 1: V/M BUSHNELL- DIST 2: COMM. GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER�r I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. rVS M EL S. GO CITY ATTORNEY