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HomeMy WebLinkAboutCity of Tamarac Resolution (72)February 20, 2002 - Temp Reso #9693 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-072 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ISSUING REVISED DEVELOPMENT ORDER NO. 280.2 AND MAJOR REVISED SITE PLAN APPROVAL FOR ZEPHYRHILLS TO ALLOW THE INSTALLATION OF A 10,000 GALLON ABOVE- GROUND FUEL STORAGE TANK IN ORDER TO SERVICE THE FLEET OF DELIVERY VEHICLES FOR THE ZEPHYRHILLS BOTTLING FACILITY, LOCATED AT 10599 NW 67 STREET (TAMARAC COMMERCE PARK); SPECIFICALLY PARCEL "A" OF THE "TAMARAC 1299 LAND TRUST" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 151, PAGE 13 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; PURSUANT TO CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC (CASE NO. 20-SP-01); 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 Major Revised Site Plan by the applicant, Gerald L. Knight, Esq. of Holland & Knight, LLP, 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 February 20, 2002 (attached hereto as Exhibit 1 "); and February 20, 2002 - Temp Reso #9693 2 WHEREAS, the Development Review Committee recommended approval on February 8, 2002; and WHEREAS, the Planning Board recommended approval on February 20, 2002; 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 on March 13, 2002; 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. 280.2 and Major Revised Site Plan approval for Zephyrhills to allow the installation of a 10,000 gallon above -ground fuel storage tank in order to service the fleet of delivery vehicles for the Zephyrhills bottling facility, located at 10599 NW 67 Street (Tamarac Commerce Park); specifically Parcel "A" of the "Tamarac 1299 Land Trust' Plat, according to the Plat thereof as recorded in Plat Book 151, Page 13 of the Public Records of Broward County, Florida (Case No. 20-SP-01). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: February 20, 2002 - Temp Reso #9693 3 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 Major Revised Site Plan for Zephyrhills to allow the installation of a 10,000 gallon above -ground fuel storage tank in order to service the fleet of delivery vehicles for the Zephyrhills bottling facility, is HEREBY APPROVED subject to the following conditions: 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. Tank and pad will be surrounded by protective bollards (seven [7] feet high, spaced five [5] feet apart). D. Landscaping and a new eighty-five (85') foot pre -caste wall to the north shall screen the fuel tank from view. E. 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. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. February 20, 2002 - Temp Reso #9693 0 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 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 passage and adoption. PASSED, ADOPTED, AND APPROVED this 13th day of March, 2002. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOMTION as to form. ITCHELL SolrH CITY ATTOR com mdev\u:\pats\u serd ata\wpdata\res\9693reso RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Ayer DIST 1: COMM. PORTNER A -ye' DIST 2: COMM. MISHKIN A-yel gIST 3: V/M SULTANOF_Aye, DIST 4: COMM. ROBERTS A -ye, 1 n L EXHIBIT "1" TEMP RESO #9693 CITY OF TAMARAC 7525 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (954) 724-1292 DEVELOPMENT REVIEW STATUS SHEET Date: February 20, 2002 Orig. Dev. Order: 280 Revised Dev. Order: 280.2 Project: Zephyrhills Master File: -10-91 Location: 10599 NW 67 Street (Tamarac Commerce Park) Developer: Forbes Architects Owner: Zoning: LI-1 Future Land Use Designation: Industrial Acres: 10.909 acres, more or less Recommended Date for Commission Action: March 13, 2002 1. DEVELOPMENT ORDER FOR: MAJOR REVISED SITE PLAN APPROVAL Comments: Subject to Findings. 2. PLANNING BOARD RECOMMENDATION: APPROVAL Date of Action: February 20, 2002 Planning Board findings of compliance with certified Plan: Yes 3. FINAL ENGINEERING DRAWINGS: On file in the City Engineer's Office 4. LANDSCAPE PLAN: February 12, 2002 5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A 1 EXHIBIT "1" TEMP RESO #9693 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 Fee Amount: N/A H. Public Works Engineering Fees Fee Amount: To be determined Utility Engineering Fees Fee Amount: Determined by certified Cost Estimates. I. Bonds (Utilities, Public Works) 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 Fee Amount: N/A K. Local Traffic Impact Fees: Fee Amount: N/A 2 EXHIBIT "1" TEMP RESO #9693 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 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 $2,250.00 u:\pats\userdata\wpdataVorms\9693drss 3 ZEPHYRHILLS CASE NO. 20-SP-01 - TEMP RESO #9693 500 0 500 Feet 4 CITY COMMISSION pn City of Tamarac ` R P March 13, 2002 J. Christopher King Major Revised Site Plan Director Community Development 7525 N.W. 88th Ave., Tamarac, Florida 33321-2401 Telephone: (954) 724-1292 Facsimile: 724-2453 I DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEEDINGS DATE: _ 'U/3zo/ CASE NO.: 2 C ( IN THE MATTER OF: ANY PERSON APPEARING ON YOUR BEHALF, IN YOUR ABSENCE, MUST BE DESIGNATED AS YOUR AGENT ON THIS FORM OR SUCH PERSON WILL NOT BE ENTITLED TO SPEAK AT THE QUASI-JUCIDIAL HEARING AND THE MATTER MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY. Gerald L. Knight, Esq. Holland & Knight L_P , WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING TO BE HELD ON IN MY ABSENCE. IN ADDITION, Gerald L. Knight, Esq. HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO 10599 N.W. 67th Street, Tamarac. FL 33321 (Address of subject property) THIS FORM MUST BE URNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATURE OF 0 NAME/ADDRESS AND PHONE NO. OF DESIGNATED AGENT: -a'Aao R- Cs^ a-ae-- (Print Name of Owner) DHJ Pier San Jose, LLC STATE OF cALTFoi;tjP_: COUNTY OF SAN FFANCISCO Gerald L. Knight, Esa. (Print Name of Designated Agent) Holland & Knight UP One East Brcm rd Boulevard, Suite 1300 Fort Lauderdale, Florida 33301 Phone:(954) 525-1000 Fax: (954) 463-2030 The foregoing instrument was acknowledged before me this S ' H day of 2,-.j Nk:., , 200 , by QVvi D R G . , owner of property, who is personally known to me or has produced identification ( )and (type of identification) who (dWdid not) take an oath. J. STRONG Notary Public �§'tate of CALIFOPSTIA My Commission Expires ' Comm. A 1305142 S NOTARY PUBLIC -CALIFORNIA City arA County of San Francisco " My Comm. Expiies May (Type or print name of Notary)