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Home My WebLink AboutCity of Tamarac Resolution R-2008-176Temp Reso #11516 November 12, 2008 Revision No. 1 — 11 /19/08 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2008- / 7& A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ISSUING REVISED DEVELOPMENT ORDER NO. 337.2 AND GRANTING NEW DEVELOPMENT SITE PLAN APPROVAL FOR THE MAIN STREET SHOPPES PROJECT TO ALLOW THE CONSTRUCTION OF APPROXIMATELY 77,358 SQUARE FEET OF RETAIL SHOPS, OFFICES AND RESTAURANTS ALONG WITH ASSOCIATED GROUND PARKING, LANDSCAPING AND INFRASTRUCTURE IMPROVEMENTS, FOR THE PROPERTY LOCATED AT 9200-9300 WEST COMMERCIAL BOULEVARD; (CASE NO.2-SP-08); 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 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 New Development Site Plan for development approval; and WHEREAS, the City Commission has examined the application, the staff and Planning Board recommendations, and the Development Review Status Sheet dated November 12, 2008 (attached hereto as Exhibit "'I"); and WHEREAS, the Director of Community Development recommends approval; and WHEREAS, the Planning Board recommended approval on November 19, 2008; and Temp Reso #11516 November 12, 2008 Revision No. 1 — 11/19/08 Page 2 WHEREAS, the City Commission reviewed this Revised Development Order and accompanying documents at a public meeting; 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 to issue Revised Development Order No. 337.2 and grant New Development Site Plan approval for the Main Street Shoppes Project to allow the construction of approximately 77,358 square feet of retail shops, offices and restaurants along with associated ground parking, landscaping and infrastructure improvements, for the property located at 9200-9300 West Commercial Boulevard; and 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. SECTION 2: That the application of the New Development Site Plan for the Main Street Shoppes project to allow the construction of approximately 77,358 square feet of retail shops, offices and restaurants along with associated ground parking, landscaping and infrastructure improvements, for the property located at 9200-9300 West Commercial Boulevard; is HEREBY APPROVED subject to the following conditions: Temp Reso #11516 November 12, 2008 Revision No. 1—11/19/08 Page 3 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 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 documents. D. Broward County Impact Fees must be paid prior to issuance of a Building Permit. E. Local Traffic Impact Fees in the amount of $102,128.43 are due per Section 10-290(c) of the City's Land Development Code. F. That the petitioner will provide a voluntary deed restriction regarding the future uses of both buildings C and D. G. That the petitioner completes the process of abandoning the one -hundred (100) foot building setback line that exists on this property per Plat Book 69, Page 63 from the N.W. 57t" Street right-of-way prior to any issuance of a building permit for this project. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp Reso #11516 November 12, 2008 Revision No. 1 — 11/19/08 Page 4 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: adoption. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this day of / ��:i,6�r� , 2008. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S . GOREN, CITY ATTORNEY /�. 0 A RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM BUSHNELL c..� DIST 2: COMM ATKINS-GRA DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER �J 1 EXHIBIT 66 1" TEMP RESO #11516 CITY OF TAMARAC 7525 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (954) 597-3530 DEVELOPMENT REVIEW STATUS SHEET Date: November 3, 2008 Orig. Dev. Order: 337.1 Revised Dev. Order: 337.2 Project: Mainstreet Towncenter Master File: 03-02 Location: 9200-9300 West Commercial Boulevard Developer: Bernie Maribona / B. Commercial, Inc. Owner: B. Commercial, Inc. Zoning: MXD — Mixed Use Future Land Use Designation: Commercial Acres: 5.38 acres, more or less Recommended Date for Commission Action: November 12, 2008 1. DEVELOPMENT ORDER FOR: NEW DEVELOPMENT SITE PLAN APPROVAL Comments: Subject to Findings. 2. PLANNING BOARD RECOMMENDATION: APPROVAL Date of Action: November 5, 2008 Planning Board findings of compliance with certified Plan: Yes 3. FINAL ENGINEERING DRAWINGS: On file in the City Engineer's Office 4. LANDSCAPE PLAN: November 3, 2008 5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A E M EXHIBIT "1" TEMP RESO #11516 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 I. Bonds (Utilities, Public Works) Fee Amount: N/A 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. Local Traffic Impact Fees: $102,128.43 EXHIBIT 96 1" TEMP RESO #11516 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) School Sites: N/A 8. PROCESSING FEES (PAID) New Development Site Plan Engineering Fees DOES NOT COMPLY DOES NOT COMPLY DOES NOT COMPLY N/A $3,000.00 $300.00 3