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
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