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Home My WebLink AboutCity of Tamarac Resolution R-2011-0111 Temp Reso #11980 January 18, 2011 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2011- // A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ISSUING REVISED DEVELOPMENT ORDER NO. 317.1 AND GRANTING MAJOR REVISED SITE PLAN APPROVAL WITH CONDITIONS TO ALLOW FOR A MODIFICATION TO AN EXISTING STAND-ALONE BUILDING FOR A KRISPY KREME FAST FOOD RESTAURANT WITH A DRIVE -THROUGH FACILITY LOCATED IN THE SUNSHINE PLAZA AT 4299 WEST COMMERCIAL BOULEVARD, (A PORTION OF TRACTS 7 AND 8 OF FORT LAUDERDALE TRUCK FARMS SUBDIVISION OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST AS RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA) (CASE NO. 20-SP-10); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 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 application for a Revised Development Order and Major Revised Site Plan for development approval; and WHEREAS, the Director of Community Development recommends approval; and WHEREAS, the Planning Board recommended approval on January 5, 2011, 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 to issue Revised Development Order No. 317.1 (hereto attached as Exhibit " 1 ", incorporated herein and made a specific part thereof) and grant Major Revised Site Plan approval with conditions to Temp Reso #11980 January 18, 2011 Page 2 allow for a modification to an existing stand-alone building for a Krispy Kreme Fast Food restaurant with a drive -through facility located in the Sunshine Plaza at 4299 West Commercial Boulevard, (a portion of Tracts 7 and 8 of Fort Lauderdale Truck Farms Subdivision of Section 13, Township 49 South, Range 41 East as recorded in Plat Book 4, Page 31 of the public records of Broward County, Florida). 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 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 to issue Revised Development Order No. 317.1 and grant Major Revised Site Plan approval with conditions to allow for a modification to an existing stand-alone building for a Krispy Kreme Fast Food restaurant with a drive -through facility located in the Sunshine Plaza at 4299 West Commercial Boulevard, (a portion of Tracts 7 and 8 of Fort Lauderdale Truck Farms Subdivision of Section 13, Township 49 South, Range 41 East as recorded in Plat Book 4, Page 31 of the public records of Broward County, Florida, is hereby granted; subject to the following condition: 1. That all broken curbing at the westernmost egress of Sunshine Plaza be repaired. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 n Temp Reso #11980 January 18, 2011 Page 3 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. PASSED, ADOPTED AND APPROVED this ATTEST: PETER M. J. RICH D ON, CRM, CMC CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. SAM L S. G REN ITY ATTORNEY ' day of9two,14Jz , 2011. 46W z4ac(� BETH TALABIS MAYOR RECORD OF COMMISSION VOTE: MAYOR TALABISCO DIST 1: V/M BUSHNELCZ,'2-� DIST 2: COMM. GOMEZ t DIST 3: COMM. GLASSER� DIST 4: COMM. DRESSLER �� EXHIBIT 691" TEMP RESO #11980 CITY OF TAMARAC 7525 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (954) 597-3530 DEVELOPMENT REVIEW STATUS SHEET Date: January 18, 2011 Orig. Dev. Order: 317 Revised Dev. Order: 317.1 Project: Krispy Kreme at Sunshine Plaza Master File: 40-76 Location: 4299 West Commercial Boulevard Developer: Holland & Knight. LLP. Owner: Ramco - Gershenson Properties Zoning: B-2 (Planned Community Business District) Future Land Use Designation: Commercial Acres: 17.245 acres, more or less Recommended Date for Commission Action: January26, 2011 1. DEVELOPMENT ORDER FOR: MAJOR REVISED SITE PLAN APPROVAL WITH CONDITIONS Comments: Subject to Findings. 2. PLANNING BOARD RECOMMENDATION: APPROVAL Date of Action: January 5, 2011 Planning Board findings of compliance with certified Plan: Yes 3. FINAL ENGINEERING DRAWINGS: On file in the City Engineer's Office upon issuance of an Engineering Permit through the Engineering Division 4. LANDSCAPE PLAN: December 6, 2010 1 EXHIBIT 99 1" TEMP RESO #11980 S. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A 6. DEVELOPERS AGREEMENTS/FEES (where applicable) A. Water and Sewer Developer's Agreement: City Engineer: Required before Building or Engineering Construction Permits are issued. B. Other Development Agreements (Covenants, Stipulations, etc.) Utility Easement, Blanket Public Safety Ingress/Egress Easement and Public Utility Easement C. Water & Sewer Contribution Charges Fee Amount: To be determined by Water/Sewer Developer's Agreement. D. Water and Sewer Developer's Agreement Review Fee, if more than 9 ERC's Fee Amount: $750.00 E. Local Parks/Recreation Fee Amount: N/A F. Engineering Permit Fees Fee Amount: 10% of Infrastructure construction costs, to be determined by a certified Cost Estimate G. Bonds (Utilities, Public Works) certified Cost Estimates, H. On Site Beautification I. Local Traffic Impact Fees: 14 Bond Amount: Determined by Fee Amount: N/A Fee Amount: N/A EXHIBIT 49 1" TEMP RESO #11980 i. 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 DOES NOT COMPLY F. Local Streets and Roads Compliance with Minimum Standards: COMPLIES X WILL COMPLY DOES NOT COMPLY G. Police Protection Service Compliance with Minimum Standards: COMPLIES WILL COMPLY X DOES NOT COMPLY H. Local Parks (Parks and Recreation Facilities) N/A I. School Sites: N/A 8. PROCESSING FEES (PAID) Major Revised Site Plan $3,000.00 Engineering Review $300.00 u:\pats\userdata\wpdata\forms\drss K, i Houan.d & Kn:ight 515 East Las Olas Soulavard, SuRe 1200 1 Fat Lauderdale, FL 33301 1 T 964.525,1000 1 F 954.483.2030 Holland & Knight LLP I www.hk1aw.4am JANNA P. LHOTA 954 468 7841 janna.lhota lPhklaw-eom December 17, 2010 Mr. Frank L. Acker Community Development Department City of Tamarac 7525 N.W. 88d' Avenue Tamarac, Florida .33321-2401 Re: Sunshine Plaza - Application for Major Revised Site Plan Dear Frank: Holland & Knight LLP, 'as counsel to Ramco-Gershcnson Properties L.P. (the "Owner % the owner of Sunshine Plaza located at 4201 West Commercial Boulevard in the City of Tamarac (the ,city, ), provides the following narrative in conjunction with an Application for a Major: Revised Site Plan approval seeking to allow the addition of a drive-thru in connection with an existing restaurant use, Sunshine Plaza was originally- constructed in 1972 and since that time has served as a significant neighborhood retail center for the residents of the City of Tamarac. Sunshine Plaza is located at the northwest corner of Commercial Boulevard and State Road 4/U.S. 441 (the "Property") and consists of approximately 249,702 square feet with Publix Supermarket and Old Time Pottery serving as anchor tenants. Pier 1 Imports, Douai Tree, Fashion Bug, among others, also make Sunshine Plaza their home. The Owner is seeking to add a single drive-thru to the existing restaurant outparcel located at the northwest corner of the Property, i.e. the former Bagel Joint, to allow the use of the building for a Krispy Kreme. The Property is presently zoned B-2 (Planned Community Business District). The addition of the drive-thru facility to the outparcel building requires approval as a Special Exception pursuant to Section. 24-434 . of the City Code which further necessitates this application for Major Revised Site Plan approval. The application for a Special Exception has also been submitted to the City for review and approval. Krispy Kreme is an international specialty retailer of premiutn-quality sweet treats that is listed on the New York Stock Exchange. Since 1937, Krispy Kreme has offered one -of -a kind. doughnuts, unique complementary products and groat -tasting coffee to a very loyal fan base. The location proposed within Sunshine Plaza is anticipated to employ 15-20 employees and will have'hours of operation typical for its use. The Owner is seeking to remove ten (10) existing parking spaces to accommodate the drive-d= Other than the work involved with Atlanta I Bethesda I Boston I Chicago I Fort Lauderdale I Jacksonville I Lakeland I Lai Angeles I Miami I New York Northern Virginia I Orlando I Portland I San Francisco I Tallahassee I Tsmpa I Washington, D.C. I West Palm Saaah Abu Dhabi I Boling I Mexico City Page 2 accommodating the proposed drive-thru, the Owner anticipates minor cosmetic changes to the exterior elevation, e.g. allowable signage and painting. As the drawings associated with this application will demonstrate, the entire site is compliant with the current landscaping requirements and vehicular use areas to the greatest extent possible and is void of any pre-ekisting code violations. As part of the reconstruction of the Publix Supermarket less than 10 years ago, the vehicular use area was reconfigured to, accommodate additional parking including landscaping. Since this reconfiguration, an outparcel building was removed, i.e. former Outparcel E/Restaurant, and parking and landscaping added. AIthough the Owner is seeking to effectively remove ten (10) parking spaces to accommodate the drive-thru, any loss of parking spaces has been positively mitigated by virtue of the removal of the adjacent Outparcel E/Restaurant use in lieu of additional surface parking and the overall enhancement of the area immediately surrounding the proposed Krispy Kreme. Should you require any additional information, or have any questions regarding the foregoing request, please do not hesitate to contact my office. Sincerely yours, HOLLAND & KNIGHT LLP JANNA P. LHOT 49866688 v C TAMARAC The City For Your We