HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-058Temp Reso #10935
April 5, 2006
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2006--&
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, ISSUING
REVISED DEVELOPMENT ORDER NO. 198.7
AND GRANTING NEW DEVELOPMENT SITE
PLAN APPROVAL FOR BRUSTER'S OF
TAMARAC TO ALLOW THE CONSTRUCTION
OF A 1,196 SQUARE FOOT ICE CREAM
PARLOR CONSISTING OF WALK-UP WINDOWS
AND A DRIVE-THRU LANE, ALONG WITH
ASSOCIATED LANDSCAPING AND PARKING,
AND AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO ACCEPT AND EXECUTE A
BLANKET PUBLIC SAFETY INGRESS/EGRESS
EASEMENT WITH ELF LLC (CARLOS AND
CHRISTINE FRIAS) FOR THE BRUSTER'S OF
TAMARAC PROJECT, LOCATED AT 8261 WEST
COMMERCIAL BOULEVARD (WITHIN THE
CITY'S NW 57T" STREET CORRIDOR),
SPECIFICALLY LOT 3, LESS THE SOUTH 7
FEET THEREOF, OF BLOCK 7 OF THE "LYONS
COMMERCIAL SUBDIVISION" PLAT,
ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 69, PAGE 42 OF
THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA; AUTHORIZING AND
DIRECTING THE CITY CLERK TO RECORD
SAID AGREEMENT IN THE PUBLIC RECORDS
OF BROWARD COUNTY, FLORIDA (CASE NO.
23-SP-05); 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
Temp Reso #10935
April 5, 2006
Page 2
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 April
5, 2006 (attached hereto as Exhibit " 1 "); and
WHEREAS, the Planning Board recommended approval on April 5, 2006; and
WHEREAS, the Director of Community Development recommends approval; and
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. 198.7 and grant New Development Site Plan approval for
Bruster's of Tamarac to allow the construction of a 1,196 square foot ice cream parlor
consisting of walk-up windows and a drive-thru lane, along with associated landscaping
and parking, located at 8261 West Commercial Boulevard (within the City' NW 57t' Street
Corridor), specifically Lot 3, less the south 7 feet thereof, of Block 7 of the "Lyons
Commercial Subdivision" Plat, according to the Plat thereof as recorded in Plat Book
69, Page 42 of the Public Records of Broward County, Florida; and
Temp Reso #10935
April 5, 2006
Page 3
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 authorize
the appropriate City Officials to accept and execute a Blanket Public Safety
Ingress/Egress Easement (a copy of which is attached hereto as Exhibit "2") with ELF
LLC (Carlos and Christine Frias) for the Bruster's of Tamarac Project located at 8261
West Commercial Boulevard, to provide proper access to the property for municipal
services such as utility, canal, fire and police protection, emergency and other public
safety services; authorizing and directing the City Clerk to record said document in 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.
SECTION 2: That the application of the New Development Site Plan for
Bruster's of Tamarac to allow the construction of a 1,196 square foot ice cream parlor, with
associated landscaping and parking, located at 8261 West Commercial Boulevard (within
the City's NW 57"' Street Corridor), specifically Lot 3, less the south 7 feet thereof, of Block
7 of the "Lyons Commercial Subdivision" Plat, according to the Plat thereof as
recorded in Plat Book 69, Page 42 of the Public Records of Broward County, Florida;
is HEREBY APPROVED subject to the following conditions:
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Temp Reso #10935
April 5, 2006
Page 4
That the Special Exception (Case No. 18-Z-05) for the restaurant with a
drive-thru lane is approved by the City Commission.
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.
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.
The Revised 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.
Broward County Impact Fees must be paid prior to issuance of a Building
Permit.
Local Traffic Impact Fees in the amount of $1,038.13 is due per Section 10-
290(c) of the City's Land Development Code prior to issuance of a Building
Permit.
G. Streetscape Improvement Fees in the amount of $268.00 is due per Section
10-313(b) of the City's Land Development Code prior to issuance of a
Building Permit.
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Temp Reso #10935
April 5, 2006
Page 5
SECTION 3: That the appropriate City Officials are hereby authorized to
accept and execute the Blanket Public Safety Ingress -Egress Easement (attached hereto
as Exhibit "2") with ELF LLC (Carlos and Christine Frias) for the Bruster's of Tamarac
Project located at 8261 West Commercial Boulevard.
SECTION 4: That the City Clerk is hereby authorized and directed to record
said agreement in the public records of Broward County, Florida.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6: 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 7:
adoption.
Temp Reso #10935
April 5, 2006
Page 6
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this day of rTyr) ,2006.
ATTEST:
�- MARION SWENSOy(C'MC.'N
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
3W
S UEL e WEN
CITY ATTO EY
JJ �
•
WAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALASISCO
DIST 1: V/M PORTNER
DIST 2: COMM ATKINS-GRAD_
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
1
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EXHIBIT 641"
TEMP RESO #10936
CITY OF TAMARAC
7525 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321
TELEPHONE (954) 597-3530
DEVELOPMENT REVIEW STATUS SHEET
Date: April 5, 2006
Orig. Dev. Order: 198
Revised Dev. Order: 198.7
Project:, Bruster's of Tamar
Master File: 05-86
Location: 8261 West Commercial Boulevard
Developer: Amerizone
Owner: Carlos and Christine Frias
Zoning: B-1 (Neighborhood Business District)
Future Land Use Designation: Commercial
Acres: 0.67 acres, more or less
Recommended Date for Commission Action: April 11, 2006
1. DEVELOPMENT ORDER FOR: NEW DEVELOPMENT SITE PLAN APPROVAL
Comments: Subject to Findings.
2. PLANNING BOARD RECOMMENDATION: APPROVAL
Date of Action: April 5, 2006
Planning Board findings of compliance with certified Plan: Yes
3. FINAL ENGINEERING DRAWINGS:
On file in the City Engineer's Office
4. LANDSCAPE PLAN: July 29, 2005
5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A
1
EXHIBIT "1"
TEMP RESO #10935
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. ERG 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: To be calculated
pursuant to Sec. 10-296
City Code
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. On Site Beautification
2
Fee Amount: N/A
K. Local Traffic Impact Fees:
EXHIBIT 66
1"
TEMP RESO #10935
Fee Amount: $1,038.13
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
uApats\userdata\wpdata\forms\10935drss
DOES NOT COMPLY
DOES NOT COMPLY
DOES NOT COMPLY
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$3,000.00
3
EXHIBIT "2" TEMP RESO #10935
TAMARAC UTILITIES
BLANKET PUBLIC SA,EETY
INGRESS/EGRESS EASEMENT
PROJECT: yr` ( �ce -
This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this
day of 24.r& L--, 201& by 5 F. L.L C. ,. having
an address of ,w . � - j F (the "Grantor"),
and the City of Tamarac, a Florida municipal corporation having an address at 7525
Northwest 88th Avenue, Tamarac, Florida 33321 (the Grantee")_
WITNESSETH
WHEREAS, Grantor is the fee simple owner of the real property described on
Exhibit "A", attached hereto (the "Property"); and
WHEREAS, Grantor desires to create a non-exclusive easement in favor of
Grantee for ingress and egress over the property, as indicated on Exhibit "A", upon the
terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the sum of ten Dollar ($10.00) paid to
Grantor, the receipt and adequacy of which is hereby acknowledged, and for other good
and valuable considerations, Grantor does hereby create, establish and grant this
Blanket Ingress and Egress Easement to Grantee for the specific purpose of access by
Grantee, for Grantee to provide municipal services to the above -described property
such as services to existing utilities, maintenance to existing canals, fire protection,
police protection, emergency and other public safety services.
981208 1 Blanket Public Safety Ingress/Egress Easement
It is acknowledged that Grantor, or its successors, intends to construct
G rye ,C C and other improvements upon
the above -described property, and nothing contained herein shall be deemed to prohibit
or restrict Grantor or its successors from constructing any buildings or improvements
upon the property, subject to the requirements of Grantee or any other controlling
governmental authority, and upon the construction of any building and improvements
upon such property, the easement created hereby shall be subject to such
improvements as are constructed and shall be used by Grantee in a manner which is
consistent with the buildings and improvements constructed upon the property and
which, to the extent possible, will minimize interference with and will be compatible with
the construction and use of said buildings and improvements.
The provisions of this easement shall be binding on the parties hereto and the
respective successors and assigns as a covenant running with and binding upon the
servient estate.
This easement shall not be released or altered without consent of the Grantee.
981208 2 Blanket Public safety Ingress/Egress Easement
IN 'WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written. f
(GRANTOR)
B
Type Name _ _ C_ -red E,c"i&s - - - -
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF W v
Type Name r C m%'s
President
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid and in the County aforesaid to take acknowledgments, personally
appeared _ CQr jQL_aLQ2 to me known tq be the person(s)
described in and who executed the foregoing instrument and _ M, acknowledged
before me and under oath that _ DC . executed the same.
WITNESS my hand and official seat this a�_ day of ,
20,Q ,.
NOTARY PUBLIC, Stateiof Florida
at Largey.Marion Ser0m
My Commmaion DD279
Qy) Expires odotw 24.2007
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
( ) Personally known to me, or
( V) Produced Identification Ra, A n U-SL
Type of I. D. Produced
( ) DID take an oath, or (✓) DID NOT take an oath.
981208 3 Blanket Public Safety ingress/Egress Easement
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
ACCEPTED BY CITY OF TAMARAC
GRANTEE
ATTEST: By:
_ r q14 Jeffrey Voillef
By.: City Manager
1�l(arion Swenson, CIVIC l3 d
�_f-Clerk Date:
Approved as to form:
By: �awy/'A'
STATE OF FLORIDA Samuel S.Gore6,
SS City Attorney
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
to me known to be the person(s) described in and
who exec ted the foregoing instrument and he acknowledged before me and
under oath that he- _ executed the same.
WITNESS my hand and official seal this L� day of
20_*.
personally known to me, or
) Produced identification
N TARY PUBLIC, State of Florida
at Large
�r � Mahon Serphos
t� My commission D13260279
of Expires October 24, 2007
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.
( ) DID take an oath, or (✓) DID NOT take an oath
IN WITNESS WHEREOF, Mortgagee has hereunto set
and year first above written.
D. Produced
his hand and seal on the day
981208 4 Blanket Public Safety Ingress/Egress Easement
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first.apove written.
ATTEST:
L0
Type Name!
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF
MO GEE
By:
Type Name J0kp'fo k12"vy r 1?yf'
V/ President
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State lorqsgid d in the Pounty aforesaid to take acknowledgments, personally
appeared o "'� g "' a�' �x . to me known to be the person(s)
described in and who executed a foregoing instrument and acknowledged
before me and under oath that 10 e4 executed the same.
WITNESS my hand and offici I seal this day of
20 e2(Z.
FFI A] Z"NOT,ARYSFAL
HAYDEE CARRIUO
[N(YrARY PUBLIC STATE OF FLORIDACOMMISSION NO. DDI36$32Y COMMISSION EXP. ULY 25,2006
( X) Personally known to me, or
( ) Produced Identification
OT Y PUBLIC, State of Florida
at L rge f
(Name f Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
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LOAL QESC8IP7tON:
A PORTION OF LOT 3 AND LOT 4, IN BLOCK 7, "LYONS
COMMERaAL SUBDIVISION", ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 69, AT PAGE 42, OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE
SOUTHEAST CORNER OF LOT 4, BLOCK 7, OF SAID "LYONS
COMMERCIAL SUBDIVISION," THENCE RUN NORTH, FOR A
[DISTANCE OF 7.00 FEET TO THE POINT OF BEGINNING OF THE
FOLLOWING DESCRIBED PARCEL OF LAND; THENCE RUN WEST.
ALONG A LINE THAT IS 60.00 FEET NORTH OF AND PARALLEL
WITH, THE CENTERLINE OF WEST COMMERCIAL BOULEVARD, FOR A
DISTANCE OF 35.00 FEET; THENCE RUN NORTH. ALONG A LINE
THAT IS 35.00 FEET WEST OF AND PARALLEL WITH THE EAST
LINE OF SAID LOT 4, FOR A DISTANCE OF 35.00 FEET; THENCE
RUN N39'48'20'E. FOR A DISTANCE OF 39.05 FEET; THENCE RUN
EAST FOR A DISTANCE OF 14.40 FEET TOA POINT ON THE
EAST LINE OF SAW LOW' 4; IIIENCE RUm Lt A51♦ rC.R A D-,';TANCC
OF 10.00 FEET; THENCE RUN S39`48'20"E, FOR A DISTANCE OF
39.05 FEET TO A POINT WHAT IS 35.00 FEET. EAST OF THE
WEST LINE OF LOT 3. BLOCK 7, ( ALSO KNOWN AS THE EAST
LINE 6lr SAID LOT 4. BLOCK 7 ); ' THENCE RUN SOUTH. ALONG A
LINE THAT IS 35.00 FEET EAST OF SAID WEST LIVE OF SAID LOT
3, FOR A DISTANCE OF 35.00 FEET TO A POINT ON THE NORTH
RIGHT-OF-WAY LINE OF WEST COMMERCIAL BOULEVARD; "THENCE
RUN WEST. ALONG SAID RICHT-OF-WAY LINE, SAID LINE BEING
60,00 FEET NORTH OF THE CENTERLINE OF WEST COMMERCIAL
BOULEVARD, FOR A DISTANCE OF 35,00 FEET. TO THE POINT OF
BEGINNING, CONTAINING 3800 SQUARE FEET, MORE OR LESS.
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