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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-280F�l October 23, 1997, 1997 - Temp. Reso. #8040 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-97- o2 SO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A SPECIAL EXCEPTION TO ALLOW A RETAIL FOOD TAKEOUT ESTABLISHMENT WITH A DRIVE-IN WINDOW IN THE B-2 ZONING DISTRICT TO WENDY'S AT MCNAB PLAZA LOCATED AT 7025 UNIVERSITY DRIVE; SPECIFICALLY A PORTION OF THE "UNIVERSITY AND MCNAB PLAT", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 135, PAGE 2 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; CASE NO. 12-Z-97; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Code of the City of Tamarac approves the granting of a special exception to allow a retail food takeout establishment with a drive-in window in the B-2 Zoning District to Wendy's at McNab Plaza located at 7025 University Drive; specifically a portion of the "University and McNab Plat", according to the Plat thereof as recorded in Plat Book 135, Page 2 of the Public Records of Broward County, Florida; and WHEREAS, the Planning Commission held a public hearing on November 5, 1997, thereon and has recommended approval of this application; and WHEREAS, the Director of Community Development recommends approval of this application; and WHEREAS, the City Commission of the City of Tamarac finds that approving the petition for special exception would be in keeping with the public health, safety, and 1 October 23, 1997, 1997 - Temp. Reso. #8040 2 general welfare of the City of Tamarac; and WHEREAS, the City Commission has examined and investigated the application and staff recommendation dated November 12, 1997, and WHEREAS, the City Commission reviewed the Special Exception request and accompanying documents at a public meeting; and WHEREAS, the City Commission has determined that the application is in compliance with all elements of the Comprehensive Plan, or will be in compliance prior to issuance of a certificate of occupancy for the development; 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 approve this special exception to allow a retail food takeout establishment with a drive-in window in the B-2 Zoning District to Wendy's at McNab Plaza located at 7025 University Drive; specifically a portion of the "University and McNab Plat", according to the Plat thereof as recorded in Plat Book 135, Page 2 of the Public Records of Broward County, Florida; Case No. 12-Z-97. 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. L] 1 1 October 23, 1997, 1997 - Temp. Reso. #8040 3 SECTION 2: That the Petition for a special exception to allow a retail food takeout establishment with a drive-in window in the B-2 Zoning District to Wendy's at McNab Plaza located at 7025 University Drive; specifically a portion of the "University and McNab Plat", according to the Plat thereof as recorded in Plat Book 135, Page 2 of the Public Records of Broward County, Florida; Case No. 12-Z-97, 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. 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. 1 October 23, 1997, 1997 - Temp. Reso. #8040 4 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this /-P, day of /V , 1997. 0 Ole Q JOE SCHREIBER MAYOR ATTEST: CAROL A. EVANS CITY CLERK HEREBY CERTIFY that I have approved this - RE&LUTION as to form. 11TPCHELL S. KRA CITY ATTORNEY commdev\u:\pats\userdata\wpdata\res\8040reso RECORD OF COMMISSION VOTE MAYOR SCHREIBER r DiST I: COMM. McKAYE Air GIST 2: WM MISHKIN DIST 3: COMM. SULTANO_F DIST 4: C MM. ROBERTS 1 WENDY'S AT MCNAB AND UNIVERSITY (CASE NO. 12-Z-97) -- - -- - . W' • - n WA"z 11 RS n cr » sr L - >r •} " • # U'Q a le JZ x w f► i • - No SITE ICNAB ROAD • ' • 46 *� aPLm mc� _ m _ T mew M .� r ilia - ftAT W of 7 SAW 3 R i � r'rrL CITY COMMISSION NOVEMBER 12, 1997 SPECIAL EXCEPTION � --: i \-\ 1'g "c .A. MCNAB ROAD III of Tamarac dit /W/rQ@, Tc roo=, FkWW &=1.201 r. (JOe1J 724,1294 • Pac*nft CM n4-UW