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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-301September 8, 2000 - Temp. Reso. #9034 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000- .30 j 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 RACETRAC GAS STATION, LOCATED AT THE EAST SIDE OF UNIVERSITY DRIVE, NORTH OF BROOKWOOD BOULEVARD; SPECIFICALLY PARCEL "B" OF THE "PICCADILLY CAFETERIA" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 115, PAGE 37 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; CASE NO. 9-Z-99; 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 a B-2 (Community Business District) Zoning Category to RaceTrac Gas Station, located at the east side of University Drive, north of Brookwood Boulevard; specifically a Parcel "B" of the "Piccadilly Cafeteria" Plat, according to the Plat thereof as recorded in Plat Book 115, Page 37 of the Public Records of Broward County, Florida; and WHEREAS, the Planning Board held a public hearing on September 6, 2000, thereon and has recommended denial of this application; and WHEREAS, the City Manager, the Director of Community Development, and the Director of Utilities recommend denial of this application; and September 8, 2000 - Temp. Reso. #9034 2 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 27, 2000, and WHEREAS, the City Commission provided an opportunity for the applicant to fully explain the application for special exception at a public meeting; 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 27, 2000; 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 a B-2 (Community Business District) Zoning Category to RaceTrac Gas Station, located at the east side of University Drive, north of Brookwood Boulevard; specifically Parcel "B" of the "Piccadilly Cafeteria" Plat, according to the Plat thereof as recorded in Plat Book 115, Page 37 of the Public Records of Broward County, Florida. 1 1 1 1 September 8, 2000 - Temp. Reso. #9034 3 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 a B-2 (Community Business District) Zoning Category to RaceTrac Gas Station, located at the east side of University Drive, north of Brookwood Boulevard; specifically Parcel "B" of the "Piccadilly Cafeteria" Plat, according to the Plat thereof as recorded in Plat Book 115, Page 37 of the Public Records of Broward County, Florida; Case No. 9-Z-99, 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, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 L September 8, 2000 - Temp. Reso. #9034 4 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this k day of , 2000. ATTEST: Lai—, MAIRfMb00tNSON, CMC -(Y e-LERK HER BY&>ERTIFY t rave'pprdved thi MWCHELL S CITY ATTOI commdev\u: \pats\use rd ata\wpd ata\res\9034reso JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST !: COMM. PORTNER DIST Z: COMM. MISHKIN DIST 3: COMM. SULTANOF DIST 4: VIM ROBERTS - *� wAcETRAC GAS STAMON CASE NO.9-Z-99 - TEMP RESO #9034 R-4A B-21 R^3U _ S-1 �5, _ -__ i. PT1 B-1 - --. SITES B-1 -- 7, - R=3U—_ _. T B-G 4 CITY COMMISSION City of Tamarac September 27, 2000 J. Christopher King 7525 N.W. 88th Ave., Tamarac, Florida 33321-2401 Special Exception c«„<,x,nityDDevelopment Facsime 724-2245341292 DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEEDINGS DATE: CASE NO_: IN THE ('NATTER OF: ANY PERSON APPEARING ON YOUR BEHALF, IN YOUR ABSENCE, MUST BE DESIGNATED AS YOUR AGENT ON THIS FORM OR SUCH PERSON WILL NOT 13E ENTITLED TO SPEAK AT THE QUASI-JUCIDIAL HEARING AND THE MATTER MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY. �WILL ATTEND THE QUASE,i 1-,JtlLiAL F15-s e t Ma -me of Agent) HEARING rT�BHELD N IN MY ABSENCE. IN ADDITION, ALL MATTERS RELATING A TO ANY PROCEEDIMy PERMISSION TO NGS A LATED TQ (Address of subject property) THIS FORM MUST BE RETURNED PRIOR Tp THE QUASI-JUDICIAL HEARING. Sl�NATURE OF (Print Name Of Owner) NAMEIADDRESS AND PHONE NO. OF DESIGNATED AGENT: 7Qy' e vlt e- IY7 �- i�nl•c ke, (Print Name of Designated'Agent) - i r The foregoing instrument was acknowledged before me this T day of 19' by� C� ,�,� , owner of property, who is personally known to me or has produced identification Dzwtz, L.«g- •x6- and who id id nvt) take an oath. (type of identification) My Commission Expires; Notary Public State of de Wene610 Notary Public, DeKA& My CWW"licn ftkft ` Uo k% E ,eU�rJN (Type or print name of Notary)