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HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-087 Major Site Plan Approval with Conditions for the Demolition of Bldg at 5601 Hiatus RdTemp Reso No. 13790 July 13, 2022 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2022 - C)?7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING SITE PLAN APPROVAL (MAJOR) WITH CONDITIONS TO ALLOW FOR THE DEMOLITION OF AN EXISTING TWO-STORY 100,980 SQUARE FOOT OFFICE BUILDING AND REDEVELOPMENT OF PROPERTY FOR A NEW 200,147 SQUARE FOOT INDUSTRIAL WAREHOUSE BUILDING; FOR THE SUBJECT PROPERTY LOCATED AT 5601 HIATUS ROAD, TAMARAC, FLORIDA (CASE NO. 13-SP-21); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide that municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal service, and exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac ("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions as may be required for the proper governing of the City; and WHEREAS, Dennis Mele, Esq., as the designated agent for the property owner, Hiatus Industrial Venture LLC, is requesting Site Plan Approval (Major) to allow for the demolition of an existing two-story 100,980 square foot office building and redevelopment of property for a new 200,147 square foot industrial warehouse building; for the subject property located at 5601 Hiatus Road, Tamarac, Florida (see attached Exhibit "A" for legal 1311502780.1 Temp Reso No. 13790 July 13, 2022 Page 2 of 5 description) (Case No. 13-SP-20); and WHEREAS, pursuant to the provisions of the Code of Ordinances of the City of Tamarac, Florida, public notice has been given of the time and place of the public hearing and said public hearing has been held in accordance with the notice and the public has been given an opportunity to be, and has been heard regarding the review of the petition for Site Plan Approval (Major); and WHEREAS, Director of Community Development recommends approval (with conditions); and WHEREAS, the Planning Board recommended approval (with conditions) on June 1, 2022; and WHEREAS, the City Commission has examined the application, the staff, and Planning Board recommendations; and WHEREAS, the City Commission has determined that the application complies with all elements of the Comprehensive Plan, or will be in compliance with all elements of the Comprehensive Plan prior to the 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 business owners, residents and visitors of the City of Tamarac, Florida to grant Site Plan Approval (Major) with conditions to allow for the Major Site Plan to allow for the redevelopment of property of the subject property located at 5601 Hiatus Road, Tamarac, Florida (see attached Exhibit "A" for legal description) (Case No. 13-SP- 20). 13,1502780.1 Temp Reso No. 13790 July 13, 2022 Page 3 of 5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Section 1: The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. All exhibits referenced herein are incorporated into this Resolution and made a specific part hereof. Section 2: The application for Site Plan Approval (Major) with conditions to allow for the demolition of an existing two-story 100,980 square foot office building and redevelopment of property for a new 200,147 square foot industrial warehouse building; for the subject property located at 5601 Hiatus Road, Tamarac, Florida (see attached Exhibit "A" for legal description) (Case No. 13-SP-20), is APPROVED subject to the following conditions: 1. Site Plan Approval (Major) is contingent upon approval of the administrative reduction of the width of the landscape pedestrian zone by the Director of Community Development for 5601 Hiatus Road Industrial (Case #13-SP-20) pursuant to Section 10-4.4(D)(4)(j), Land Development Code. 2. Construction shall comply with the plans and specifications submitted by the developer to the City of Tamarac and approved engineering drawings. 3. 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. 13,1502780.1 Temp Reso No. 13790 July 13, 2022 Page 4of5 4. The Development Order is assignable, but assignment does not discharge any assignee from strict compliance with the order unless the City Commission consents to modify any of the original requirements. 5. Satisfaction of the outstanding Development Review Committee comments from the review of the Site Plan Approval (Major) for the 5601 Hiatus Road Industrial project (Case No. 13-SP-20). 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 in application, it shall not affect the validity of the remaining portions or applications of this Resolution. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 13,1502780.1 Temp Reso No. 13790 Jame 13, 2022 Page 5 of 5 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS 1-7;1" DAY OF2022. ATTEST: KIMBERL DILLON, CMC ACTING CITY CLERK &" CZA I---- MIC LLE J. GOME MAYOR RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: V/M GELIN DIST 3: COMM. VILLALOBOS DIST 4: COMM. PLACKO APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THIS CITY OF TAMARAC ONLY. 0-2 is I ON is esolution was filed in the Office of the City Clerk on this 133ILday of Jr- W 2022. U 134502780.1 Exhibit "A" A PARCEL OF LAND BEING A PORTION OF TRACT 8 AND A PORTION OF TRACT C, WESTPOINT SECTION 7 PLAT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 162, PAGE 23, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST ONE - QUARTER (SE 1/4) OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS SHOWN ON SAID PLAT. THENCE S. 89'06'50" W., ALONG THE SOUTH LINE OF THE SAID SOUTHEAST ONE -QUARTER (SE 1/4), A DISTANCE OF 1094.63 FEET, TO A POINT OF INTERSECTION WITH THE CENTERLINE OF HIATUS ROAD AS SHOWN ON SAID PLAT: THENCE N. 01'07'32" W. ALONG SAID CENTERLINE A DISTANCE OF 401.53 FEET, TO A POINT ON THE ARC OF A TANGENT CURVE CONCAVE TO THE WEST; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING: A RADIUS OF 1800.00 FEET, A CENTRAL ANGLE OF 05038'03", FOR AN ARC DISTANCE OF 177.00 FEET, TO A POINT ON A NON - TANGENT LINE, - THENCE WEST, A DISTANCE OF 62.87 FEET, TO A POINT ON THE WEST RIGHT- OF-WAY LINE OF SAID HIATUS ROAD, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE WEST, A DISTANCE OF 1049.07 FEET; THENCE. S. 00044 '46" E., A DISTANCE: OF 523.40 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT C AND THE NORTHERLY RIGHT OF WAY LINE OF COMMERCIAL BOULEVARD AS SHOWN ON SAID PLAT; THENCE N. 89006'50" E., A DISTANCE OF 217.00 FEET, THENCE S. 84002'36" E., A DISTANCE OF 100.72 FEET; THENCE N. 89006'50" E., A DISTANCE OF 699.8 1 FEET; THENCE N. 43059'J9" E., A DISTANCE OF 49.59 FEET. THE PREVIOUS FOUR COURSES BEING COINCIDENT WITH THE SOUTH LINE OF SAID TRACT C AND THE NORTHERNLY RIGHT OF WAY LINE OF COMMERCIAL BOULEVARD. THE NEXT FIVE COURSES BEING COINCIDENT WITH THE WEST RIGHT OF WAY LINE FOR HIATUS ROAD AND THE EASTERLY LINE FOR SAID TRACT C; THENCE N. 01007'32" W. A DISTANCE OF 199.56 FEET; THENCE S. 88052'28" W., A DISTANCE OF 12.00 FEET; THENCE N. 01007'32" W., A DISTANCE OF 106.53 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE: TO THE WEST; THENCE NORTHERLY ALONG ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 1716.00 FEET, A CENTRAL ANGLE OF 03031'18" FOR AN ARC DISTANCE OF 105.47 FEET TO A POINT ON A NON -TANGENT LINE; THENCE N 11004'37" E. A DISTANCE OF 74.22 FEET TO THE POINT OF BEGINNING. SAID LAND SITUATE WITHIN THE CITY OF TAMARAC. BROWARD COUNTY, FLORIDA.