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HomeMy WebLinkAboutCity of Tamarac Resolution (180)June 10, 2002 — Temp Reso #9820 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-180 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A LIMITED PARKING WAIVER OF SEVENTY- FIVE (75) REQUIRED PARKING SPACES FORA CHURCH PROPOSED TO BE LOCATED IN THE SHOPS OF TAMARAC ON SUNDAYS FROM 9:30 A.M. THRU 12:00 P.M. AND 8:00 P.M. THRU 9:30 P.M.; MONDAYS FROM 8:30 P.M. THRU 9:30 P.M. AND FRIDAYS FROM 10:00 P.M. THRU 12:00 A.M. TO CHURCH OF THE NAZARENE LOCATED AT 8681 WEST MCNAB ROAD; SPECIFICALLY PARCEL "B" OF THE "COLONY WEST SHOPPING PLAZA" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 84, PAGE 25 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (CASE NO. 6-Z-02); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 24 of the City of Tamarac Code of Ordinances provides that the City Commission may grant a limited waiver of the off street parking and loading requirements whenever a hardship would exist by adhering to strict application thereof, and further provides that the waiver would not be detrimental to public safety, health and welfare of the citizens of the City; and WHEREAS, a hardship exists for the Church of the Nazarene located at 8681 West McNab Road (Shops of Tamarac); and WHEREAS, the Planning Board held a public hearing on June 5, 2002, thereon and recommended approval of this application; and June 10, 2002 — Temp Reso #9820 2 WHEREAS, the Director of Community Development has thoroughly reviewed and recommends approval of this application; and WHEREAS, the City Commission desires to take action on the Limited Parking Waiver requested in the application by the Church of the Nazarene to grant a waiver of seventy-five (75) required parking spaces located in the Shops of Tamarac located at 8681 West McNab Road on Sundays from 9:30 a.m. thru 12:00 p.m. and 8:00 p.m. thru 9:30 p.m.; Mondays from 8:30 p.m. thru 9:30 p.m. and Fridays from 10:00 p.m. thru 12:00 a.m.; and WHEREAS, the Church of the Nazarene will not occupy 8681 West McNab Road during periods when most tenants are open for business, and on -site parking will be adequate for hours of operation as specified in this Resolution; and WHEREAS, the owner of the shopping center at 8681 West McNab Road (Shops of Tamarac) has expressed in writing no objection to the Church of the Nazarene utilizing on - site parking during services; 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 grant the Limited Parking Waiver. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 1 June 10, 2002 — Temp Reso #9820 3 1 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 granting approval of a Limited Parking Waiver of seventy-five (75) required parking spaces on Sundays from 9:30 a.m. thru 12:00 p.m. and 8:00 p.m. thru 9:30 p.m.; Mondays from 8:30 p.m. thru 9:30 p.m. and Fridays from 10:00 p.m. thru 12:00 a.m. for the Church of the Nazarene located at 8681 West McNab Road (Shops of Tamarac) is HEREBY APPROVED, subject to the following conditions: (1) All proposed events to be held at the proposed church must be scheduled during periods when most tenants are not open for business, so that parking capacity and existing businesses will not be negatively impacted. (2) If any of the above conditions are not met, the Limited Parking Waiver and Certificate of Occupancy for the proposed church shall be subject to revocation. 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 application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 June 10, 2002 — Temp Reso #9820 4 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 26t" day of June, 2002. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that have approved this RESOLUTION as to form. com mdev\u:\pats\userd ata\wpd ata\res\9820reso JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: VIM. PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS AYE C