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HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-028Temp Reso # 10636 - February 17, 2005 Revision No. 1 - February 17, 2005 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005-Aco A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ISSUING REVISED DEVELOPMENT ORDER NO. 198.6 AND GRANTING NEW DEVELOPMENT SITE PLAN APPROVAL FOR CHEDDAR'S CASUAL CAFE TO ALLOW THE CONSTRUCTION OF AN 8,735 SQUARE FOOT RESTAURANT WITH ASSOCIATED PARKING, LANDSCAPING AND INFRASTRUCTURE IMPROVEMENTS, LOCATED AT 7951 WEST COMMERCIAL BOULEVARD, SPECIFICALLY A PORTION OF LOT 2 AND ALL LOTS 3, 4, 5 & LESS THE WEST 66 FEET OF LOT 6, BLOCK 6 OF THE "LYONS COMMERCIAL SUBDIVISION" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 69, PAGE 42 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SUBJECT TO AN EASEMENT IN OFFICIAL RECORDS BOOK 6786, PAGE 938, BROWARD COUNTY RECORDS, ALONG WEST COMMERCIAL BOULEVARD (CASE NO. 1-SP-05); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the instructions of the City Commission of Tamarac, Florida, a public meeting has been advertised in accordance with applicable law of the date, time and place of the meeting regarding the review of the application for a development order and site plan approval by the applicant for development approval; and WHEREAS, the City Commission has examined the application, the staff and Planning Commission recommendations, and the Development Review Status Sheet dated February 17, 2005 (attached hereto as Exhibit 1"); and WHEREAS, the Development Review Committee recommended approval on January 21, 2005; and WHEREAS, the Planning Board recommended approval on February 16, 2005; and Temp Reso # 10636 - February 17, 4005 Revision No. 1 - February 17, 4005 PaIde 2 WHEREAS, the Director of Community Development recommends approval; an WHEREAS, the City Commission reviewed this development order and sitellplan approval accompanying documents at a public meeting; and WHEREAS, the City Commission has determined that the application is in compl with all elements of the Comprehensive Plan, or will be in compliance with all elements Of the Comprehensive Plan, or will be in compliance prior to the issuance of a Certificate of Occu for the development; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be ik the best interests of the citizens and residents of the City of Tamarac to issue Revised Development Order No. 198.6 and grant New Development Site Plan approval for Cheddar's Casual Cof6 to allow the construction of an 8,735 square foot restaurant with associated parking, landscoping and infrastructure improvements, located at 7951 West Commercial Boulevard, specificolly a Portion of Lot 2 and all Lots 3, 4, 5 & less the west 66 feet of Lot 6, Block 6 of the "Lyons Commercial Subdivision" Plat, according to the Plat thereof as recorded in,� Plat Book 69, Page 42 of the Public Records of Broward County, Florida, subject to an easement in Official Records Book 6786, Page 938, Broward County Records, along Commercial Boulevard (Case No. 1-SP-05). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE C TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified confirmed as being true and correct and are hereby made a specific part of this Resol est OF and I I n- Temp Reso # 10636 - February 17, 2005 Revision No. 1 - February 17, 2005 Page 3 SECTION 2: That the Revised Development Order No, 198.6 and New Development Site Plan approval for Cheddar's Casual Caf6 to allow the construction of an 8,735 square foot restaurant with associated parking, landscaping and infrastructure improvements, located at 7951 West Commercial Boulevard, specifically a Portion of Lot 2 and all Lots 3, 4, 5 & less the west 66 feet of Lot 61 Block 6 of the "Lyons Commercial Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 69, Page 42 of the Public Records of Broward County, Florida, subject to an easement in Official Records Book 6786, Page 938, Broward County Records, along West Commercial Boulevard; is HEREBY APPROVED subject to the following conditions: A. Construction is to be in complete compliance with the plans and specifications submitted by the developer to the City of Tamarac as described in Section 11 of the Development Review Status Sheet and approved engineering drawings. B. Commencement of construction shall begin no later than one (1) year from the date of this approval. If the development does not commence construction within one (1) year, this approval is null and void unless an extension has been granted in accordance with applicable regulations. C. The development order is assignable, but an assignment does not discharge any assignee from strict compliance with the order unless the City Commission consents to modify any of the original requirements. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp Reso # 10636 - February 17, 0 5 Revision No. 1 - February 17, 0 5 Pa e 4 SECTION 4: If any clause, section, other part or application of this Resolutj�n is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or applic tion, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: passage and adoption. This Resolution shall become effective immediately upoh its PASSED, ADOPTED AND APPROVED this 23rd day of February, 2005. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form, /Z /A MITCHELUS. KXAYFT) CITY ATTOR commdev\u:\pats\userdata\wpdata\res\1 0636reso SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2. COMM. FLANSBAUM-TALA DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS r1*14 EXHIBIT 661 to TEMP RESO #10636 CITY OF TAMARAC 7526 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (954) 724-1292 DEVELOPMENT REVIEW STATUS SHEET Date: February 17, 2005 Orig. Dev. Order: 198 Revised Dev. Order: 198.6 Project: Cheddar's Casual Cafe Master File: 05-86 Location: 7951 West Commercial Boulevard Developer: Kimley-Hom & Associates, Inc. Owner: Tamaco Associates, LLC Zoning: B-2 Future Land Use Designation: Commercial Acres: 3.0065 acres, more or less Recommended Date for Commission Action: February 23, 2005 1. DEVELOPMENT ORDER FOR: NEW DEVELOPMENT SITE PLAN APPROVAL Comments: Subject to Findings. 2. PLANNING BOARD RECOMMENDATION: APPROVAL Date of Action: February 16, 2005 Planning Board findings of compliance with certified Plan: Yes 3. FINAL ENGINEERING DRAWINGS: On file in the City Engineer's Office 4. LANDSCAPE PLAN: January 12, 2005 5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A 1 EXHIBIT 64VP TEMP RESO #10636 6. DEVELOPERS AGREEMENTS/FEES (where applicable) A. Water and Sewer Developer's Agreement: Utilities Engineer City Attorney Required before Building or Utility Construction Permits are issued. B. Other Development Agreements (Covenants, Stipulations, etc.) Utility Easement, Blanket Public Safety Ingress/Egress Easement, Public Utility Easement C. Drainage Retention: N/A Fee Amount. N/A 5% Required/Acres Deficiency/Acres X $45,500/Acre D. Drainage Improvement: N/A Fee Amount: N/A Project Acreage X $130.00/Acre E. Water & Sewer Contribution Charges Fee Amount: To be determined by Water/Sewer Developer's Agreement. F. ERC Review Fee, if more than 9 ERC's Fee Amount: $750.00 G. Local Parks/Recreation H. Public Works Engineering Fees Utility Engineering Fees 1. Bonds (Utilities, Public Works) Fee Amount: To be calculated pursuant to Sec, 10-296 City Code Fee Amount: To be determined Fee Amount: Determined by certified Cost Estimates. Bond Amount: Determined by certified Cost Estimates. Date: Approved by City Engineer N/A Utilities Engineer N/A City Attorney N/A J. On Site Beautification Fee Amount: N/A 2 EXHIBIT 6619� TEMP RESO #10636 K. Local Traffic Impact Fees: Fee Amount: $7,581.98 7. DEVELOPMENT REVIEW REQUIREMENTS A. Potable Water Service Certification of Utilities Engineer or Consulting Engineer of Availability Service: AVAILABLE X WILL BE AVAILABLE NOT AVAILABLE B, Waste Water Treatment and Disposal Service Certification of Utilities Engineer or Consulting Engineer of Availability Service: AVAILABLE X WILL BE AVAILABLE NOT AVAILABLE C. Solid Waste Disposal Service Determination of Availability of Service: AVAILABLE WILL BE AVAILABLE X NOT AVAILABLE D. Drainage Adequately Certification of City Engineer or Consulting City Engineer of Adequacy of Drainage ADEQUATE WILL BE ADEQUATE X NOT ADEQUATE E. Regional Transportation Network Compliance with Minimum Standards - COMPLIES X WILL COMPLY F. Local Streets and Roads Compliance with Minimum Standards: COMPLIES X WILL COMPLY G. Police Protection Service Compliance with Minimum Standards: COMPLIES WILL COMPLY X H. Local Parks (Parks and Recreation Facilities) 1. School Sites: N/A 8. PROCESSING FEES (PAID) New Development Site Plan uApats\userdata\wpdata\forms\1 0636drss DOES NOT COMPLY DOES NOT COMPLY DOES NOT COMPLY $3,000.00 3 CHEDDAR'S CASUAL CAFE CASE NO, I -SP-05 - TEMP RESO #10636 NW 57TH Street Soo 0 300 FeEt CITY COMMISSION February 23, 2005 J. Christopher King Director New Development Site Plan Community Development CITY OF TAMARAC 7525 N,W. 88th Ave,, Tamarac, Florida 33321-2401 Telephone, (954) 724-1292 Facsimilw 724-2453 Ni' Cornpiled by: paigem JI commuw'rY DEVELoPMEN71 DESIGNATION OF AGENT oCP.,N6,,TMENT FOR QUASI-JUDICIAL PROCEEDINGS1,", Moo I I PM 5:55 0 Its:! CASE NO.: IN THE MATTER OF: 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-JUCIDIAL HEARING AND THE MATTER MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY. —Erik Wilczek WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING TO BE HELD IN MY , ABSENCE. IN ADDITION, —Erik Wilczek HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO 7951 Commercial Boulevard (Address of subject property) THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATURE OF OWNER: 44 �� f rs -S V 6 � (Print Name of C STATE OF FLORIDA: COUNTY OF BROWARD: NAME/ADDRESS AND PHONE NO. OF DESIGNATED AGENT: '17 Erik Wilczek (Print i�ame of Designated Agent) 51 00_NW_33rd_Ave-,_Ste._1 57 Ft.—Lauderdale,_FL_33309 Phone:954-739-2233 Fax:954-739-2247 The foregoing instrument I lack )wl dged before me this day of wa 200_�/, b ____ 1- - 4- , owner of roperty, who is personally known to me or has produced identification ( W )and (type of identification) who (did/did not) take an oath. My Commission Expires: __,,--1Not1_ry 136blic State of Florida CiKo JQwLeat b.1)17ijq� Dee 01� (Typ&4flV1ntA itatlity) LU J F— V) Z O:f a W LU LU LU < W Z LU Zoo O w �O:k a r w U P Z Q O w w ,,; ce U-i w r J � ac�ZUJ 00� U::kcn w LU ua Z W LU Z F- Z� U O� U° w Z) d °G Z wQ Zp LU 7 Q se U= Fk m U LL- Q `� Z O w cT� w Ja 0- 0- 0 oc WW