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Home My WebLink AboutCity of Tamarac Resolution R-2001-031• January 17, 2001 - Temp. Reso. #9252 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001- 3 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A SPECIAL EXCEPTION TO ALLOW THE OPERATION OF A FAST-FOOD RESTAURANT WITH A DRIVE-THRU WINDOW IN A B-2 (COMMUNITY BUSINESS DISTRICT) ZONING CATEGORY TO WENDY'S, LOCATED AT THE NORTHWEST CORNER OF WEST COMMERCIAL BOULEVARD AND PINE ISLAND ROAD; SPECIFICALLY A PORTION OF LOTS 4-6, BLOCK 9 OF THE "LYONS COMMERCIAL SUBDIVISION UNIT NO. 2" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 69, PAGE 43 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; CASE NO. 1-Z-01; 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 restaurant with a drive-thru window in a B-2 (Community Business District) zoning category to Wendy's, located at the northwest corner of West Commercial Boulevard and Pine Island Road; specifically a portion of Lots 4-6, Block 9 of the "Lyons Commercial Subdivision Unit No. 2" Plat, according to the Plat thereof as recorded in Plat Book 69, Page 43 of the Public Records of Broward County, Florida; and WHEREAS, the Planning Board held a public hearing on January 17, 2001 and 0 recommended approval; and January 17, 2001 - Temp. Reso. #9252 2 �J 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 restaurant with a drive-thru window in a B-2 (Community Business District) zoning category to Wendy's, located at the northwest corner of West Commercial Boulevard and Pine Island Road; specifically a portion of Lots 4-6, Block 9 of the "Lyons Commercial Subdivision Unit No. 2" Plat, according to the Plat thereof as recorded in Plat Book 69, Page 43 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 fast-food restaurant with a drive-thru window in a B-2 (Community Business District) January 17, 2001 - Temp. Reso. #9252 3 is • zoning category to Wendy's, located at the northwest corner of West Commercial Boulevard and Pine Island Road; specifically a portion of Lots 4-6, Block 9 of the "Lyons Commercial Subdivision Unit No. 2" Plat, according to the Plat thereof as recorded in Plat Book 69, Page 43 of the Public Records of Broward County, Florida, requested by NYCH Partners, Ltd., by Durbeck Inc., as Gen. Partner; Case No. 1-Z-01, is HEREBY 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 premises shall be monitored on an hourly basis for the removal of trash and debris to ensure cleanliness. 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 0 Resolution. SECTION 6: passage and adoption. January 17, 2001 - Temp. Reso. #9252 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 14 day of February, 2001. ATTEST: MARION SW_ E SON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOWkJTION as t¢,form. MITCHELL S. K CITY ATTOR JOE SCHREIBER MAYOR RECORD OF COMMISSION OTE MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN DIST 3: COMM. SULTANOF DIST 4: VIM ROBERTS • • commdev\u:\pats\userdata\wpdata\res\9252reso 0 WENDYS RESTAURANT CASE NO. 1,Z-01 - TEND RESO #9252 CITY COMMISSION February 14, 2001 Special Exception 400 0 400 800 Feet City of Tamarac 7525 N.W. 88th Ave. TaMM Florida 33321-2401 Tdwhow (954) 724-1292 Facsimile_ 724-2453 DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEEDINGS DATE: D ( I bo CASE NO.: -- .Z-- 1j IN THE MATTER OF: �� ( FF�� ('6-lea kmOLLgw r ANY PERSON APPEARING ON YOUR BEHALF, IN YOUR ABSENCE, MUST BE DESIGNATED AS YOUR AGENT ON THIS FORM OR SUCH PERSON WILL NOT BE ENTITLED TO SPEAK AT THE QUASI-JUDICIAL HEARING AND THE MATTER MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY. AGENT / CORPORATE PROPERTY SERVICES, INC. WILL ATTEND THE QUASI-JUDICIAL HEARING TO BE (Insert name of Agent HELD ON IN MY ABSENCE. IN ADDITION, HAS MY PERMIssidN TO ACA5 MY AGENT IN ALL MATTERS R127TING TO AN PROCEEDINGS RELATED TO WX];dj"s DevejoMMn& g NW Corner of Commerpial Blvd. & Pine Island Road (Adaress Of subject props THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATURE OF OWNER: (Print Name of Owner) k7i t ffye4 Xiepe vlci 10WS/d W7-- STATE OF FLORIDA: COUNTY OF BROWARD: NAME/ ADDRESS AND PHONE NO. OF DESIGNATED AGENT: SAPORATE PROPER SERVICES, INC. 600 Fairway Drive, Suite 104 (Print Name of Designafe-d ANR Deerfield Beach, FL 33441 The foregoing instrument was acknowledged before me this .� day of '� PTFmr3� , boa, by n,�cH/i� et _ - , owner of property, who is personally known to me or has produced identification and who (did/did not) take an oath. type v i enti'fication) My Commission Expires: #`'" N Janette L 6arr * *My Commission CCe09247 '�► ,e Expires September 28, 2001 Nw T/1?M No ry Public State of Florida L- Isa r�— (Type or print name of Notary)