HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-044Temp Reso #11581
March 16, 2009
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009- t
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING A
SPECIAL EXCEPTION TO ALLOW THE OPERATION OF
A CONVENIENCE STORE WITHIN A GAS STATION
LOCATED AT 7705 NORTHWEST 88T" AVENUE
SPECIFICALLY A PORTION OF TRACT 32, OF FLORIDA
FRUIT LANDS COMPANY SUBDIVISION NO. 2 OF
SECTION 5, TOWNSHIP 49 SOUTH, RANGE 41 EAST
AS RECORDED IN PLAT BOOK 1, PAGE 102 OF THE
PUBLIC RECORDS OF PALM BEACH, FLORIDA (CASE
NO. 2-Z-09); 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 provides for the granting
of a Special Exception to allow the operation of a convenience store within a gas station in
a B-3 (General Business District) zoning category located at 7705 Northwest 88t' Avenue,
specifically a portion of Tract 32, of Florida Fruit Lands Company Subdivision No. 2 of
Section 5, Township 49 South, Range 41 East as recorded in Plat Book 1, Page 102 of the
Public Records of Palm Beach, 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 #11581
March 16, 2009
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WHEREAS, the Director of Community Development recommends approval of this
application; and
WHEREAS, the Planning Board recommends approval of this application,
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 to allow the operation of a convenience store within a gas station in
a B-3 (General Business District) zoning category located at 7705 Northwest 88"
Avenue, specifically a portion of Tract 32, of Florida Fruit Lands Company Subdivision
No. 2 of Section 5, Township 49 South, Range 41 East as recorded in Plat Book 1,
Page 102 of the Public Records of Palm Beach, 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 the Petition for special exception to allow the operation of
a convenience store within a gas station in a B-3 (General Business District) zoning
category located at 7705 Northwest 88" Avenue, specifically a portion of Tract 32, of
Florida Fruit Lands Company Subdivision No. 2 of Section 5, Township 49 South,
Range 41 East as recorded in Plat Book 1, Page 102 of the Public Records of Palm
Beach, Florida is HEREBY APPROVED.
Temp Reso #11581
March 16, 2009
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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 'Jx day of / ~ , 2009.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
have approved this
RESOLUTION as to form.
MU L OREN
CIT ATTORNEY
BETH FLANSBA M-TALABISCO
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO jlyt'.2�
DIST 1: COMM BUSHNELL�
DIST 2: VM ATKINS-GRAD
DIST 3: COMM. GLASSER
DIST 4: COMM. DRESSLER �'�