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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-145Temp Reso #10157 — June 5, 2003 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- 145- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A SPECIAL EXCEPTION TO ALLOW THE OPERATION OF A RESTAURANT WITHIN A B-2 (COMMUNITY BUSINESS DISTRICT) ZONING CATEGORY TO QDOBA MEXICAN GRILL, LOCATED AT 5711 NORTH UNIVERSITY DRIVE IN THE MIDWAY PLAZA, SPECIFICALLY PARCEL "A" OF THE "MIDWAY PLAZA" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 126, PAGE 14 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (CASE NO. 17-Z-03); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Code of the City of Tamarac provides for the granting of a special exception to allow the operation of a restaurant within a B-2 (Community Business District) zoning category to Qdoba Mexican Grill, located at 5711 North University Drive in the Midway Plaza, specifically Parcel "A" of the "Midway Plaza" Plat, according to the Plat thereof as recorded in Plat Book 126, Page 14 of the Public Records of Broward County, Florida; and WHEREAS, the Planning Board held a public hearing on June 4, 2003, thereon and has recommended approval of this application; and WHEREAS, the Director of Community Development recommends approval of this application; and Temp Reso #10157 — June 5, 2003 Page 2 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 interest of the citizens and residents of the City of Tamarac to grant this special exception to allow the operation of a restaurant within a B-2 (Community Business District) zoning category to Qdoba Mexican Grill, located at 5711 North University Drive in the Midway Plaza, specifically Parcel "A" of the "Midway Plaza" Plat, according to the Plat thereof as recorded in Plat Book 126, Page 14 of the Public Records of Broward County, Florida. 1 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 restaurant within a B-2 (Community Business District) zoning category to Qdoba Mexican Grill, located at 5711 North University Drive in the Midway Plaza, specifically Parcel "A" of the "Midway Plaza" Plat, according to the Plat thereof as recorded in Plat Book 126, Page 14 of the Public Records of Broward County, Florida, requested by Jorge Morell (Case No. 17-Z-03), is HEREBY APPROVED subject to the following conditions. 1 1 L JI Temp Reso #10157 — June 5, 2003 Page 3 SECTION 3: Conditions of approval: 1. The applicant shall be required to pay all appropriate fees associated with the special exception. 2. The special exception is transferable administratively pursuant to compliance with City Codes, submitting documentation and payment of fees. 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 application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp Reso #10157 — June 5, 2003 Page 4 SECTION 6: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 25t" day of June, 2003. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. d — MITCHELL S. KRAF CITY ATTORNEY com mdev\u:\pats\u serdata\wpdata\res\10157reso JOE SCHREIBER ` MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS r Ll �7 QDOBA MEXICAN GRILL CASE NO. 17-Z-03 -TEMP RESO #10157 57TH STREET 300 0 300 Feet CITY COMMISSION June 25, 2003 �p® Special Exception I J. Christopher King Director Community Development CITY OF TAMARAC 7525 N.W. 88th Ave., Tamarac, Florida 33321-2401 Telephone: (954) 724-1292 Facsimile: 724-2453 Compiled by: SMR Date:W6/6/03 DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEE—.NGS DATE: CASE NO.: - 7 -o3 1N THE MATTER OF: ANY PERSON APPEARING ON YOUR BEHALF, 1N YOUR ABSENCE, MUST BE DESIGNATED AS YOUR AGENT ON THIS FORM OR SUCH PERSON WILL NOT BE ENTITLED TO SPEAK AT THE QUASI-JUCIDIAL HEARING AND THE MATTER MAYBE DETERMINED WITHOUTTHEBENEFIT OF THE IR TESTIMONY. WILL ATTEND THE QUASI -.JUDICIAL (insert name of Agent) HEARING TO BE HELD ON IN MY ABSENCE.' IN ADDITION, 1., coo h_t . (rv—'. eTSGrI HAS MY PERMISSION TO ACT AS MY AG ENT IN ALL MATTERS RELATING TO .. ANY ROCEEDINGS RELATED TO (Address of ect property) __ _ _ __.__ THIS Fa_RM MUST_BE_RETURNED PRIOR TD THE_QUASIIUDICIAL HEARING. _ SIGNATURE OF OWNER: NAME/ADDRESS AND PHONE NO. OF DF_qir.MATFn Ar_CIALti-r. Phone: _ _ ;Fax: qJ .� "�' STATE OF FLORIDA: COUNTY OF BROWARD: The foregoing instrument was acknowledged before me this �� day of 200.3 by , owner of property, who is r onally known , o me or has produced identification (type oliidentification) ho (did/did not) take an oath. My Commission .,�. MICHAEL J. FIMIANI M`! COMMISSION i CC 876671 %a:,— •'s= EXPIRES: Occcber 22, 2003 f1` r Bonded Thru NOW/ Plinlic Und"Fitere Notary blic State of Florida (Type or print name of Notary)