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HomeMy WebLinkAboutCity of Tamarac Resolution (339)Temp Reso #9969 — November 7, 2002 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002- 3'� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A SPECIAL EXCEPTION TO ALLOW THE OPERATION OF A FAST-FOOD SUBWAY SHOP WITH ASSOCIATED OUTDOOR SEATING WITHIN A B-3 (GENERAL BUSINESS DISTRICT) ZONING CATEGORY TO OCELLO'S WOODMONT CHEVRON, LOCATED AT 8351 NORTH PINE ISLAND ROAD IN THE TAMARAC TOWN SQUARE SHOPPING CENTER, SPECIFICALLY A PORTION OF THE "TAMARAC TOWN SQUARE" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 112, PAGE 1 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (CASE NO. 27-Z-02); 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 fast-food subway shop with associated outdoor seating within a B-3 (General Business District) zoning category to Ocello's Woodmont Chevron, located at 8351 North Pine Island Road in the Tamarac Town Square shopping center, specifically a Portion of the "Tamarac Town Square" Plat, according to the Plat thereof as recorded in Plat Book 112, Page 1 of the Public Records of Broward County, Florida; and WHEREAS, the Planning Board held a public hearing on November 6, 2002, thereon and has recommended approval of this application; and Temp Reso #9969 — November 7, 2002 Page 2 WHEREAS, the Director of Community Development recommends approval of this application; and 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 grant this special exception to allow the operation of a fast-food subway shop with associated outdoor seating within a B-3 (General Business District) zoning category to Ocello's Woodmont Chevron, located at 8351 North Pine Island Road in the Tamarac Town Square shopping center, specifically a Portion of the "Tamarac Town Square" Plat, according to the Plat thereof as recorded in Plat Book 112, Page 1 of the Public Records of Broward County, a • 0F# 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 fast-food subway shop with associated outdoor seating within a B-3 (General Business District) zoning category to Ocello's Woodmont Chevron, located at 8351 North Pine Island Temp Reso #9969 — November 7, 2002 Page 3 Road in the Tamarac Town Square shopping center, specifically a Portion of the "Tamarac Town Square" Plat, according to the Plat thereof as recorded in Plat Book 112, Page 1 of the Public Records of Broward County, Florida, requested by Peter F. Ocello, Sr. (Case No. 27-Z-02), is HEREBY APPROVED. 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. 3. The hours of operation shall be from 11:00 a. m. to 10:00 p.m. seven (7) days a week. 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. u Temp Reso #9969 — November 'i, 2002 Page 4 SECTION 6: This Resolution shall become effective immediately upon wm • PASSED, ADOPTED AND APPROVED this 27T" day of November, 2002. JOE SCHREIBER MAYOR ATTEST: .R RECORD OF COMMISSION TE: MARION SWENSON, CMC MAYOR SCHREIBER CITY CLERK DIST 1: VIM PORTNER DIST 2: COMM. MISHKIN DIST 3: COMM. SULTANO . I HEREBY CERTIFY that I DIST 4: COMM. ROBERTS� have approved this RESOLUTION as to form. MITCHELL S KRAFT CITY ATTOWNEY rommdev\u:\pats\userdata\wpdata\res\9969reso