HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-061Temp Reso #11176 — May 9, 2007
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2007- �a
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, GRANTING
A TIME EXTENSION OF ONE (1) YEAR FOR
FINAL SITE PLAN APPROVAL FOR BRUSTER'S,
REQUESTED BY ELF LLC (CARLOS AND
CHRISTINE FRIAS), APPLICANT (CASE NO. 11-
SP-07); PROVIDING FOR CONDITIONS OF
APPROVAL; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 10 of the City of Tamarac Code of Ordinances provides that
the City Commission may grant one year time extensions on Site Plan approvals; and
WHEREAS, the City Commission of the City of Tamarac, Florida, approved a Site
Plan for Bruster's on April 11, 2006 via Resolution No. R-2006-58 (attached hereto as
Exhibit °1 ", Temp Reso #10935); and
WHEREAS, ELF LLC (Carlos and Christine Frias), Applicant for Bruster's has
requested to have the Site Plan extended for one (1) year; and
WHEREAS, the Director of Community Development recommends approval of the
one (1) year Site Plan Extension; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to grant a time
extension of one (1) year for final Site Plan approval for Bruster's requested by ELF LLC
(Carlos and Christine Frias), Applicant.
Temp Reso #11176 — May 9, 2007
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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 application for a one (1) year extension for the
Bruster's final Site Plan, requested by ELF LLC (Carlos and Christine Frias), Applicant, is
hereby approved subject to the following conditions:
A. Construction is to be in complete compliance with the plans and
specifications submitted by the developer to the City of Tamarac as
described in the Development Review Status Sheet (attached hereto
as Exhibit 1 ", Temp Reso #10935 of Resolution No. R-2006-58) and
approved final engineering drawings.
B. Commencement of construction shall be no later than one (1) year
from May 9, 2007 for the Bruster's Site Plan. If the development does
not commence construction within one (1) year, this approval is null
and void unless an extension has been granted in accordance with
applicable regulations.
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Temp Reso #11176 — May 9, 2007
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C. The revised development order is assignable, but an assignment
does not discharge any assignee from strict compliance with the order
unless the City Commission consents to modify any of the original
requirements.
D. Additional conditions established in order to issue the revised
development order are set forth as follows:
That if, in the future, there were more stringent requirements
for approval of a Site Plan, that Bruster's would modify their
Site Plan to accommodate those new regulations.
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.
SECTION 5:
adoption.
This Resolution shall become effective immediately upon its
Temp Reso #11176 — May 9, 2007
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PASSED, ADOPTED AND APPROVED this q fh day of MO
, 2007.
BETH FLAN BAUM-TALABISC
MAYOR
ATTEST:
RECORD OF COMMISSION VOTE:
MARION SWENSON, CMC MAYOR FLANSBAUM-TALABISCO
CITY CLERK DIST 1: COMM. PORTNER
DIST 2: COMM. ATKINS-GRAD _
DIST 3: V/M SULTANOF
DIST 4: COMM. DRESSLER
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
-if1r)
SAMUEL S. G
CITY ATTO
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