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HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-032n Temp. Reso. No. 13079 March 28, 2018 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 2018 - 3 h- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING NEW DEVELOPMENT SITE PLAN APPROVAL (WITH CONDITIONS) FOR TAMARAC VILLAGE, TO ALLOW FOR A MIXED -USE DEVELOPMENT CONTAINING FOUR HUNDRED AND ONE (401) DWELLING UNITS IN THIRTEEN (13) NEW RESIDENTIAL APARTMENT BUILDINGS, THREE (3) NEW COMMERCIAL BUILDINGS AND OUTDOOR SEATING AREAS TOTALING 44,090 SQUARE FEET, AND TWO (2) PUBLIC PARKS TOTALING 0.75 ACRES, FOR THE SUBJECT PROPERTY LOCATED ON THE NORTH SIDE OF COMMERCIAL BOULEVARD, GENERALLY BETWEEN PINE ISLAND ROAD TO THE EAST AND NW 94 AVENUE TO THE WEST, WITH PORTIONS ON THE NORTH SIDE OF NW 57 STREET, GENERALLY KNOWN AS "TAMARAC VILLAGE"(SPECIFICALLY PORTIONS OF BLOCKS 3 AND 4, LYONS INDUSTRIAL PARK, AS RECORDED IN PLAT BOOK 71, PAGE 1 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND PORTIONS OF BLOCKS 9 AND 10, LYONS COMMERCIAL SUBDIVISION UNIT NO. 2, AS RECORDED IN PLAT BOOK 69, PAGE 43 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, MORE LEGALLY DESCRIBED IN EXHIBIT "A") (CASE NO. 9-SP-17); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, James Gielda, designated agent for the property owner, Tamarac Land Trust (c/o Alan J. Polin, P.A., Trustee), is requesting approval of a New Development Site Plan to allow for a mixed -use development containing four hundred and one (401) dwelling units in thirteen (13) new residential apartment buildings, three (3) new commercial buildings with outdoor seating areas totaling 44,090 square feet, and two (2) public parks totaling 0.75 acres; and WHEREAS, pursuant to the instructions of the City Commission of the City 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 petition for New Development Site Plan approval; and Temp. Reso. No. 13079 March 28, 2018 Page 2 of 5 WHEREAS, Director of Community Development recommends approval (with conditions as agreed to by the Applicant); and WHEREAS, the Planning Board recommended approval (with conditions) on February 7, 2018; 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 is in compliance 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 citizens and residents of the City of Tamarac, Florida to grant New Development Site Plan approval (with conditions) for Tamarac Village, to allow for a mixed - use development containing four hundred and one (401) dwelling units in thirteen (13) new residential apartment buildings, three (3) new commercial buildings with outdoor seating areas totaling 44,090 square feet, and two (2) public parks totaling 0.75 acres; for the subject property located on the North side of Commercial Boulevard, generally between Pine Island Road to the East and NW 94th Avenue to the West, with portions on the North side of NW 57 Street (specifically portions of Blocks 3 and 4, Lyons Industrial Park, as recorded in Plat Book 71, Page 1 of the Public Records of Broward County, Florida and portions of Blocks 9 and 10, Lyons Commercial Subdivision Unit No. 2, as recorded in Plat Book 69, Page 43 of the Public Records of Broward County, Florida, more legally described in Exhibit "A"). 1 C Temp. Reso. No. 13079 March 28, 2018 Page 3 of 5 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; all exhibits attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: That the application for the New Development Site Plan approval with conditions as agreed to by the Applicant for Tamarac Village, to allow for a mixed -use development containing four hundred and one (401) dwelling units in thirteen (13) new residential apartment buildings, three (3) new commercial buildings with outdoor seating areas totaling 44,090 square feet, and two (2) public parks totaling 0.75 acres; for the subject property located on the North side of Commercial Boulevard, generally between Pine Island Road to the East and NW 94th Avenue to the West, with portions on the North side of NW 57 Street (specifically portions of Blocks 3 and 4, Lyons Industrial Park, as recorded in Plat Book 71, Page 1 of the Public Records of Broward County, Florida and portions of Blocks 9 and 10, Lyons Commercial Subdivision Unit No. 2, as recorded in Plat Book 69, Page 43 of the Public Records of Broward County, Florida, more legally described in Exhibit "A") is hereby approved subject to the following conditions as agreed to by the Applicant: 1. New Development Site Plan approval is contingent upon approval of the requested rezoning for Tamarac Village (Case #4-Z-17). 2. New Development Site Plan approval is contingent upon approval of the requested Temp. Reso. No. 13079 March 28, 2018 Page 4 of 5 Tamarac Village plat (Case #4-P-17). 3. Construction is to be in complete compliance with the plans and specifications submitted by the developer to the City of Tamarac. 4. Commencement of construction shall begin no later than one (1) year from the date of this approval. If the development does not commence within one (1) year, this approval is null and void unless an extension has been granted in accordance with applicable regulations. 5. 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 documents. 6. Satisfaction of outstanding Development Review Committee comments from the review of the New Development Site Plan for Tamarac Village, Case #9-SP-17. 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. SECTION 5: This Resolution shall become effective immediately upon its adoption. Temp. Reso. No. 13079 PASSED, ADOPTED AND APPROVED this ATTEST: (Z� 0_wc)�p PATRICIA TEUFELCIMC CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM vo, a � 1, 19 SAMUEL S. 6qqEN CITY ATTORN fl March 28, 2018 Page 5 of 5 �X day of 2018. a AR RE SLIER, MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: WM GOMEZ DIST 3: COMM. FISHMAN DIST 4: COMM. PLACKO 4/ EXHIBIT "A" LOT 1, BLOCK 3 AND LOTS 6 THROUGH 12, INCLUSIVE, BLOCK 4, LYONS INDUSTRIAL PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 71, PAGE 1 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. TOGETHER WITH: A PORTION OF LOTS 6, 7, 8, 9 AND 10, BLOCK 9 AND A PORTION OF LOTS 1 THROUGH 10, INCLUSIVE, BLOCK 10, LYONS COMMERCIAL SUBDIVISION UNIT NO. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 69, PAGE 43 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING 1 AT THE NORTHERLY MOST NORTHWEST CORNER OF SAID LOT 10, BLOCK 10; THENCE NORTH 89°36'02" EAST, ON THE NORTH LINE OF SAID BLOCK 10, SAID LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF N.W. 57TH STREET, ACCORDING TO SAID PLAT, A DISTANCE OF 1180.53 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERLY ON THE ARC OF SAID CIRCULAR CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90°00'00", A DISTANCE OF 39.27 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 00°23'58" EAST, A DISTANCE OF 242.95 FEET (THE LAST TWO COURSES BEING COINCIDENT WITH THE EAST LINE OF SAID LOT 1, BLOCK 10); THENCE SOUTH 44°36'02" WEST, ALONG THE NORTH LINE OF COMMERCIAL BOULEVARD, ACCORDING TO OFFICIAL RECORDS BOOK 7462 AT PAGE 352 OF SAID PUBLIC RECORDS, A DISTANCE OF 35.36 FEET; THENCE SOUTH 89°36'02" WEST, ALONG THE NORTH RIGHT-OF-WAY LINE OF COMMERCIAL BOULEVARD, ACCORDING TO OFFICIAL RECORDS BOOK 7462 AT PAGES 352, 339, 344, 352, 347, 349 357 AND 329 OF SAID PUBLIC RECORDS, A DISTANCE OF 975.00 FEET; THENCE NORTH 00°23'58" WEST ON THE EAST LINE OF SAID LOT 10, A DISTANCE OF 8.88 FEET; THENCE SOUTH 89°36'02" WEST, ALONG THE NORTH RIGHT-OF-WAY OF COMMERCIAL BOULEVARD, ACCORDING TO OFFICIAL RECORDS BOOK 44307 AT PAGE 130 OF SAID PUBLIC RECORDS, A DISTANCE OF 210.14 FEET; THENCE NORTH 45°54'28" WEST, ALONG SAID NORTH RIGHT-OF-WAY, A DISTANCE OF 22.47 FEET; THENCE NORTH 01°25'35" WEST, A DISTANCE OF 242.91 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHEASTERLY ON THE ARC OF SAID CIRCULAR CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 91°02'37", A DISTANCE OF 39.72 FEET TO THE POINT OF BEGINNING 1 (THE LAST TWO COURSES BEING COINCIDENT WITH THE WEST LINE OF SAID LOT 10). AND: COMMENCING AT THE NORTHEAST CORNER OF LOT 7, BLOCK 9, LYONS COMMERCIAL SUBDIVISION UNIT NO. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 69, PAGE 43, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE SOUTH 89°36'02" WEST, ALONG THE NORTH LINE OF SAID LOT 7, A DISTANCE OF 3.72 FEET TO THE POINT OF BEGINNING 2; THENCE SOUTH 01°26'29" EAST, A DISTANCE OF 281.00 FEET; THENCE SOUTH 89°36'02" WEST, ALONG THE NORTH RIGHT-OF-WAY LINE OF COMMERCIAL BOULEVARD, ACCORDING TO OFFICIAL RECORDS BOOK 32920, AT PAGE 120 OF SAID PUBLIC RECORDS, A DISTANCE OF 51.90 FEET; THENCE SOUTH 00-23'58" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 12.00 FEET; THENCE SOUTH 89°36'02" WEST, ALONG THE NORTH RIGHT-OF-WAY LINE OF COMMERCIAL BOULEVARD, ACCORDING TO OFFICIAL RECORDS BOOK 7462, AT PAGES 357, 355 AND 342 OF SAID PUBLIC RECORDS, A DISTANCE OF 424.49 FEET; THENCE NORTH 45°23'58" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 35.36 FEET; THENCE NORTH 00°23'58" WEST, A DISTANCE OF 242.95 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHEASTERLY ON THE ARC OF SAID CIRCULAR CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90°00'00", A DISTANCE OF 39.27 FEET (THE LAST TWO COURSES BEING COINCIDENT WITH THE WEST LINE OF SAID LOT 10, BLOCK 9); THENCE NORTH 89°36'02" EAST, ALONG THE NORTH LINE OF SAID BLOCK 9 AND THE SOUTH RIGHT-OF-WAY LINE OF N.W. 57TH STREET, ACCORDING TO SAID PLAT, A DISTANCE OF 471.28 FEET TO THE POINT OF BEGINNING 2. SAID LANDS ALL LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, AND CONTAIN 17.263 ACRES, MORE OR LESS.