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HomeMy WebLinkAboutCity of Tamarac Resolution (328)Temp Reso #9960 — October 25, 2002 Revision No. 1 — October 31, 2002 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002- ,q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A TIME EXTENSION OF ONE (1) YEAR FOR FINAL SITE PLAN APPROVAL FOR YBR PROPERTIES, INC., REQUESTED BY JEAN CASCIO ESQ., ATTORNEY FOR THE APPLICANT (CASE NO.28-SP-02); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 10 of the City of Tamarac Code of Ordinances provides that the City Commission may grant one year time extensions on site plan approvals ; and WHEREAS, the City Commission of the City of Tamarac, Florida, approved a site plan for YBR Properties, Inc. on September 26, 2001 via Resolution No. R-2001-276 (attached hereto as Exhibit "1 ", Temp Reso #9960); and WHEREAS, Jean Cascio, Esq., attorneyforthe applicant, YBR Properties, Inc., has requested on behalf of the applicant to have the site plan extended for one (1) year; and WHEREAS, the Director of Community Development recommends approval of the one (1) year site plan extension; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to grant a time extension of one (1) year for final site plan approval for YBR Properties, Inc., requested by Jean Cascio, Esq., attorney for the applicant. Temp Reso #9960 — October 25, 2002 Revision No. 1 — October 31, 2002 Page 2 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 for a one (1) year extension for the YBR Properties, Inc. final site plan, requested by Jean Cascio, Esq., attorney for the applicant, 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 (attached hereto as Exhibit 1 ", Temp Reso #9474 of Resolution No. R-2001--276) and approved final engineering drawings. B. Commencement of construction shall be no later than one (1) year from September 26, 2002 for the YBR Properties, Inc. site plan. 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. 1 F-J 1 J E Temp Reso #9960 — October 25, 2002 Revision No. 1 -- October 31, 2002 Page 3 C. 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 requirements. D. Additional conditions established in order to issue the revised development order are set forth as follows: That if, in the future, there were more stringent requirements for approval of a site plan, that YBR Properties, Inc. would modify their site plan to accommodate those new regulations. 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. Temp Reso #9960 --- October 25, 2002 Revision No. 1 — October 31, 2002 Page 4 SECTION 5: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this 131h day of November, 2002. w JOE SCHREIBER MAYOR rrriirL� RECORD OF COMMISSION ,YOTE: MARION SWENSON, CMC MAYOR SCHREIBER CITY CLERK DIST 1: V/M PORTNER DIST 2: COMM. MISHKIN / i DIST 3: COMM. SULTANOF I HEREBY CERTIFY that I DIST 4: COMM. ROBERTS . have approved this RESOLUTION as to form. ITCHEL S. CITY ATTO commdev\u:\pats\userdata\wpdata\res19960reso L' EXHIBIT 1111to TEMP RESO #9960 July 27, 2001 - Temp Reso 49474 1 ICITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-276 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ISSUING REVISED DEVELOPMENT ORDER NO. 198.4 AND GRANTING NEW DEVELOPMENT SITE PLAN APPROVAL TO YBR PROPERTIES, INC. TO ALLOW THE CONSTRUCTION OF A 6,525 SQUARE FOOT OFFICE BUILDING WITH ASSOCIATED PARKING, LANDSCAPING AND INFRASTRUCTURE IMPROVEMENTS, INCLUDING A PARKING WAIVER TO ALLOW FOR THE PROVISION OF A TOTAL... OF TWENTY- EIGHT (28) SPACES (INCLUDING TWENTY-SIX (26) SPACES AT 9' X 18' AND TWO (2) HANDICAPPED SPACES), WHERE A TOTAL OF THIRTY-THREE (33) SPACES (INCLUDING THIRTY-ONE (31) SPACES AT 10' X 18' AND TWO (2) HANDICAPPED SPACES) WOULD BE REQUIRED; GENERALLY LOCATED ON THE NORTH SIDE OF COMMERCIAL BOULEVARD BETWEEN NW 82 AVENUE AND NW 84 TERRACE, SPECIFICALLY BLOCK 7, LOT 3 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, FLORID& CASE NO. 7-SP-00-1 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 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 development order and site plan approval by the applicant for development approval; and July 27, 2001 - Terrify Reso 119474 2 WHEREAS, the City Commission has examined the application, the staff and Planning Board recommendations, and the Development Review Status Sheet dated July 27, 2001 (attached hereto as Exhibit "I"); and WHEREAS, the Development Review Committee recommended approval on June 8, 2001; and WHEREAS, the Planning Board recommended approval on August 1, 2001; and WHEREAS, the Director of Community Development recommends approval; and WHEREAS, the City Commission will review this development order and site plan approval accompanying documents at a public meeting; and WHEREAS, the City Commission has determined that the application is in compliance with all elernents 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. 198-4 and grant New Development Site Plan approval to YBR Properties, Inc_ to allow the construction of a 6,525 square foot office building with associated parking, landscaping and infrastructure improvements, including a Parking Waiver to allow for the provision of a total of twenty-eight (28) spaces (including twenty-six (26) spaces at 9' x 18' and two (2) handicapped spaces), where a total of thirty-three (33) Spaces (including thirty-one (31) spaces at 10' x 18' and two (2) handicapped spaces) would be required; generally located on the north side of Con-imercial Boulevard between u July 27, 2001 Terrip Reso #9474 3 NW 82 Avenue and NW 84 Terrace, specifically Block 7, Lot 3, of the "Lyons Commercial Subdivision" Flat, according to the Plat thereof as recorded in Plat Book 69, Page 42 of the Pudic Records of Broward County, Florida', Case No. 7-SP-00. 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. SEC-t ION 2- That the issuance of Revised Development Order No. 198.4 and granting of New Development Site Plan approval to YBR Properties, Inc. to allow the construction of a 6,525 square foot office building with associated parking, landscaping and infrastructure improvements, including a Parking Waiver to allow for the prevision of a total of twenty-eight (28) spaces (including twenty --six (26) spaces at 9' x 18' and two (2) handicapped spaces), where a total of thirty-three (33) spaces (including thirty-one (31) spaces at 1 O' x 18' and two (2) handicapped spaces) would be required; generally located on the north side of Commercial Boulevard between NW tit Avenue and NW 84 Terrace, specifically Block 7, Lot 3 of the "Lyons Commercial Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 69, Rage 42 of the public Records of Broward County, Florida; Case No. 7-SP-00; is HEREBY APPROVED. July 27, 2001 - Temp Reso 49474 4 SECTION 3: Revised Development Order No_ 198.4 and the New Development Site Plan issued and granted herein are subject to the following conditions: A. Construction is to bo, in complete compliance with the plans and specifications submitted by the developer to the City of Tamarac as described in Section 11 of 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 corrrpliance with the order unless the City Commission consents to modify any of the original requirements, � SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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 stall riot affect the validity of the: remaining portions or applications of this Resolution, I[] 1 July 27, 2001 - Temp Reso 49474 5 SECTION 6: This Resolution ,h:alf bec.oni , effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 261" day of September, 2001. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I 17ave approved this RGS>ODUTION as to farm. I•TC`HELL S. K CITY Ai f OR0 commdeOpats\userdata\wpdata\res\9474reso JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE; MAYOR SCHREIBER A ( DIST 1: COMM. PORTNERA-ye, DIST 2. COMM. MISHKIN- A-yel DIST 3: V/M SULTANOF ,g Pi DIST 4: COMM. ROBERTS Aye., EXHIBIT "1" TEMP RESO #9474 CITY OF TAMARAC 7525 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (954) 724-1292 DEVELOPMENT REVIEW STATUS SHEET Date: July 27, 2001 Orig. Dev. Order. 198 Revised Dev, Order: 198.4 Project: YBR Properties, Inc. Master File: 05-86 Location: Generally located on the north side of Commercial Boulevard between NW 82 Avenue and NW 84 Terrace Developer: Keith & Ballbe", Inc. Owner: YBR Properties, Inc. Zoning: B-1 Future Land Use Designation: Commercial Acres: .67 Recommended Date for Commission Action: August 22, 2001 1. DEVELOPMENT ORDER FOR: NEW DEVELOPMENT SITE. PLAN APPROVAL Comments: Subject to Findings. 2. PLANNING BOARD RECOMMENDATION: APPROVAL Date of Action: August 1, 2001 Planning Board findings of compliance with certified Plan: Yes 3. FINAL ENGINEERING DRAWINGS: Dated Received: On File in the City Engineer's Office, 4. LANDSCAPE PLAN: June 20, 2001 5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A 1 EXHIBIT Ail rr TEMP RESO #9474 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. 1-01 Other Development Agreements (Covenants, Stipulations, etc.) Utility Easement, Blanket Public Safety Ingress/Egress Easement, Public Utility Easement Fee Amount: To be determined at Final Site Plan Approval 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: NIA Project Acreage X $130.00/Acre E. Water & Sewer Contribution Charges Fee Amount: To be determined by Water/Sewer Developer's Agreement. FERC Review Fee, if more than 9 ERC's Fee Amount: $750.O0 G. Local Narks/Recreation Fee Amount: N/A H. Public Works Engineering Fees I-ee Arnount: To be determined Utility Engineering Fees Fee Amount: To be determined !. 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: $1,102.73 E E EXHIBIT "1" TEMP RESO #9474 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 FR Local Streets and Roads } Compliance with Minimum Standards. r COMPLIES X WILL COMPLY DOES NOT COMPLY G. Police Protection Service Compliance with Minimum Standards: COMPLIES WILL COMPLY X DOES NOT COMPLY N_ I-ocal Parks (Parks and Recreation Facilities) N/A I. School Sites: To be determined by Broward County School Board 8. PROCESSING FEES (PAID) Site Plan $2,250.00 i.kpatsWserdata\wpdatalforms\9474drss K YBR PROPERTIES, INC. CASE NO. 7-SP-00 -'TEMP RESO #9474 ji �....�..... �� l ,I.. Y �l:.,I i TTCryllll� Trl C1 _. �T�r _T: ..... I�LJ=rl 1)J: �_..l f� r7 1 SITE EfL {.� TT1 P-27 B" 1 �1 , CCXvTXRG/U._ WULE1/ARD .I�I 1 sit -- PLANNING BOARD City of Tamarac August 22, 2001 1. 0 Krg 7525 N W. 88th Ave., T;wmrdc, F1ix133321-2401 L�recta 7dcE .-Yvxa (954) 724-1292 ' New Development Site Plan CC(T=t.dutyDeve+ Facskrr,e.724-2453 ALL MATTERS (Addre DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEEDINGS DATE: CASE NO.: IN THE MATTER OF: ANY PERSON APPEARING OOYOUR N THIS FORM OR SUOUR ABSENCE, CH PERSON WILLMUST B1 NOT BE AS YOUR AGENT ENTITLED TO SPEAK AT THE (.QUASI-JUCIDIAL HEARING AND THE MATTEF MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIF3 TESTIMONY, WILL ATTEND THE QUASI-Z� ICIAL (insert name of Agent) HEARING T4 BE HELD ON ^_ _ HAS MY RELATING TO IN MY ABSENCE. IN ADDITION, PERMISSION TO ACT AS ' MY AGENT IN ANY PROCEEDINGS PIV„Vi— b? 7 J/zELATED TO of subject property) THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATURE OF Ow (Print Name of Owner) NAMEIADDRESS AND PHONE NO. OF DESIGNATED AGENT'. �lr dS T G�wSriSri /+XV %"� 24 (Print Name of Designated Agent) w O'PI C63 0 Jf��7 C u Phone:. Fax° . STATE OF FLORIDA, COUNTY OF BROWARD: e fare of irlstr merit was acknowl dged before me this day of g 9 ooa (� t �, owne of pro Arty, who is - --. by ___,Q and pe nally kno n to 5ne or has produced identification (type of identification) who (did/did not) take an oath. o Public S to of F= arida My r�rt����. w 1a IA t. mwdlwvo� coma then # Cc 135 0! i DESIGNATION OF AGENT FOR QUASI -,JUDICIAL PROCEEDINGS DATE: AU05T 1 2001 CASE NO.: IN THE MATTER OF: ANY PERSON APPEARING ON YOUR BEHALF, IN YOUR ABSENCE, MUST E DESIGNATED AS YOUR AGENT ON THIS FORM OR SUCH PERSON WILL, NOTE ENTITLED TO SPEAK AT THE QUASI-JUCIDIAL HEARING AND THE MATTE MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY, JONATHAN W. KEITH WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING'*TO 13E HELD ON IN MY ABSENCE. IN ADDITIO1 .JONATHAN W. KEITH HAS MY PERMISSION TO ACT AS -MY AGENT I ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED T. YBR PROPERTIES.FX GRAPHICS (Address of subject property) ._ THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIM;r%OWN,ER: NAMEiADDRESS AND PHONE NO. OF DESIGNATED AGENT: KEITH & BAI. LBE' , INC. CAR�IELO CONSOLO 'JONATHAN W. KEITH (Print Name of Owner) (Print Name of Designated Agent) STATE OF FLORIDA: COUNTY OF BROWARD: 1.700 NORTHWEST 614T TREET S[7IT FORT LAUDERDALE, FLORIDA 33309 Phone(954) 489-980I Fax: (954) 489---9802 y r The foregoing instrument was acknowledged before m i r IST• day of ACAUGUSTqot by �'AR„M�.ELtL000SOLO- of property, who is personally known to me or has produced identification (U1 urgs__T1aENs,_,_. )and (type of identification) who (did/did not) take an oath. My Commission Expires: 11/17/02 Notary Pulalic State.of Florida ,. Lft% Loma I Tom" •'+..,./ Exp(rea Na--nikw 17. 2002 LORNA I. TORRES No Text