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
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Temp. Reso. No. 13079
March 28, 2018
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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
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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:
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PATRICIA TEUFELCIMC
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
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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.