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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-2521 Temp Reso #10264 -- October 16, 2003 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- ,,�5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A SPECIAL EXCEPTION TO ALLOW THE OPERATION OF A SUBWAY RESTAURANT WITHIN A B- 1 (NEIGHBORHOOD BUSINESS DISTRICT) ZONING CATEGORY TO SUBWAY @ SABAL PALM PLAZA, LOCATED AT 5100 WEST COMMERCIAL BOULEVARD IN THE SABAL PALM PLAZA (BAY 5), SPECIFICALLY PARCEL "A" OF THE "BURKARD OFFICE PLAZA" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 80, PAGE 47 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (CASE NO. 40-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 Subway restaurant within a B-1 (Neighborhood Business District) zoning category to Subway @ Sabal Palm Plaza, located at 5100 West Commercial Boulevard in the Sabal Palm Plaza (Bay 5), specifically Parcel "A" of the "Burkard Office Plaza" Plat, according to the Plat thereof as recorded in Plat Book 80, Page 47 of the Public Records of Broward County, Florida; and WHEREAS, the Planning Board held a public hearing on October 15, 2003, thereon and has recommended approval of this application; and WHEREAS, the Director of Community Development recommends approval of this application; and Temp Reso #10264 — October 16, 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 Subway restaurant within a B-1(Neighborhood Business District) zoning category to Subway @ Sabal Palm Plaza, located at 5100 West Commercial Boulevard in the Sabal Palm Plaza (Bay 5), specifically Parcel "A" of the "Burkard Office Plaza" Plat, according to the Plat thereof as recorded in Plat Book 80, Page 47 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 the Petition for special exception to allow the operation of a Subway restaurant within a B-1 (Neighborhood Business District) zoning category to Subway @ Sabal Palm Plaza, located at 5100 West Commercial Boulevard in the Sabal Palm Plaza (Bay 5), specifically Parcel "A" of the "Burkard Office Plaza" Plat, according to the Plat thereof as recorded in Plat Book 80, Page 47 of the Public Records of Broward County, Florida, is HEREBY APPROVED subject to the following conditions. 1 L] Temp Reso #10264 — October 16, 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 #10264 -- October 16, 2003 Page 4 SECTION 6: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 22" day of October, 2003. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITG LL S. KRAF CITY ATTORNEY �y com mdev\u:\pats\userda to\wpdata\res\10264reso JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER < - DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAU-TALABI CO DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS E SUBWAY @ SABAL PALM PLAZA CASE NO. 40-Z-03 - TEMP RESO #10264 ;a 0 0 Cr z C.- 7 C COMMERCIAL BOULEVARD IJTI I :]-Tm- 4 300 0 300 Fmt CITY COMMISSION October 22, 2003 CITY OF TAMARAC Special Exception J, Christopher King 7525 N.W. 88th Ave., Tamarac, Florida 33321-2401 Director Telephone: (954) 724-1292 Community Development Facsimile: 724-2453 Compiled by: stephenr Date: 10/603