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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-296August 5, 1999 - Temp. Reso. #8701 1 Revision No. 1 - September 30,1999 Revision No. 2 - October 5, 1999 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99- a q 6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, DENYING THE SPECIAL EXCEPTION TO ALLOW THE OPERATION OF A GAS STATION WITH A CONVENIENCE STORE AS AN ACCESSORY USE IN A B-2 (COMMUNITY BUSINESS DISTRICT) ZONING CATEGORY TO AMOCO OIL COMPANY, LOCATED AT THE SOUTHEAST CORNER OF UNIVERSITY DRIVE AND NW 61 STREET; SPECIFICALLY A PORTION OF TRACT "A" OF THE "SUMMIT PROFESSIONAL COMPLEX" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 101, PAGE 29 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; CASE NO. 5-Z- 98; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac has received an application for a special exception to permit the operation of a gas station with a convenience store as an accessory use in the B-2 (Community Business District) Zoning Category to Amoco Oil Company, located at the southeast corner of University Drive and NW 61 Street; specifically a portion of Tract "A" of the "Summit Professional Complex" Plat, according to the Plat thereof as recorded in Plat Book 101, Page 29 of the Public Records of Broward County, Florida; and WHEREAS, the Planning Board held a public hearing on September 1, 1999, thereon and has recommended denial of this application; and August 5, 1999 - Temp. Reso. #8701 2 Revision No. 1 - September 30,1999 Revision No. 2 - October 5, 1999 WHEREAS, the City Manager, the Interim Director of Community Development, and the Director of Utilities recommend denial of this application; and WHEREAS, the City Commission of the City of Tamarac finds that denying the application for special exception would be in keeping with the public health, safety, and general welfare of the City of Tamarac and in the best interests of the citizens and residents of the City of Tamarac; and WHEREAS, the City Commission has examined and investigated the application and staff recommendation dated September 22, 1999; and WHEREAS, the City Commission provided an opportunity for the applicant to fully explain the application for special exception at a public meeting held on October 13, 1999; and WHEREAS, the City Commission has determined that the application is not in compliance with the Code of the City of Tamarac, or with all elements of the Comprehensive Plan, and would not be in compliance prior to the issuance of a certificate of occupancy for the development for reasons set forward in the staff recommendation dated September 22, 1999; 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 deny the special exception to permit the operation of a gas station with a convenience store as an accessory use in the B-2 (Community Business District) Zoning Category to Amoco Oil August 5, 1999 - Temp. Reso. #8701 3 Revision No. 1 -- September 30,1999 Revision No. 2 - October 5, 1999 Company, located at the southeast corner of University Drive and NW 61 Street; specifically a portion of Tract "A" of the "Summit Professional Complex" Plat, according to the Plat thereof as recorded in Plat Book 101, Page 29 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 a special exception to permit the operation of a gas station with a convenience store as an accessory use in the B-2 (Community Business District) Zoning Category to Amoco Oil Company, located at the southeast corner of University Drive and NW 61 Street; specifically a portion of Tract "A" of the "Summit Professional Complex" Plat, according to the Plat thereof as recorded in Plat Book 101, Page 29 of the Public Records of Broward County, Florida; Case No. 5-Z-98, is HEREBY DENIED, 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, August 5, 1999 - Temp. Reso. #8701 4 Revision No. 1 - September 30,1999 Revision No. 2 - October 5, 1999 in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. t' PASSED, ADOPTED AND APPROVED this ! day of , 1999. JOE SCHREIBER MAYOR ATTEST: docx-� CAROL GOLD, MC/AAE RECORD OF COMMISSION CITY CLERK MAYOR SCHREIBER I HEREBY CERTIFY that I DIST 1: OMM. PORT.NFA have approved this DIST 2: V M MISHIGN E 0 UTION as to foam. DIST 3: COMM. SULTAN / ' rl � X�� DIST 4: COMM. a MFTC-HELL � VYAN CITY ATTORNEY commdev\u-.\pats\userdata\wpdata\res\8701 reso F L_-_