HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-163April 23, 2001 - Temp. Reso. #9377
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-163
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, ISSUING
REVISED DEVELOPMENT ORDER NO. 066.3
AND GRANTING NEW DEVELOPMENT SITE
PLAN APPROVAL TO WENDY'S TO ALLOW THE
CONSTRUCTION OF A 3,330 SQUARE FOOT
FAST-FOOD RESTAURANT WITH A DRIVE-
THRU WINDOW WITH ASSOCIATED PARKING,
LANDSCAPING AND INFRASTRUCTURE
IMPROVEMENTS, INCLUDING A LIMITED
PARKING WAIVER TO REDUCE THE SIZE OF
THE LOADING SPACE AT THE NORTHWEST
CORNER OF THE PROPERTY FROM 12' X 60'
TO 12' X 31.3', LOCATED AT THE NORTHWEST
QUADRANT OF WEST COMMERCIAL
BOULEVARD AND PINE ISLAND ROAD,
SPECIFICALLY A PORTION OF LOTS 4-6,
BLOCK 9 OF THE "LYONS COMMERCIAL
SUBDIVISION UNIT NO. 2" PLAT, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 69, PAGE 43 OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA;
CASE NO. 1-SP-01; PROVIDING FOR
CONDITIONS OF APPROVAL; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
1
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
WHEREAS, the City Commission has examined the application, the staff and
Planning Board recommendations, and the Development Review Status Sheet dated May
April 23, 2001 - Temp. Reso. #9377 2
3, 2001 (attached hereto as Exhibit I"); and I
WHEREAS, the Development Review Committee recommended approval on April
20,2001;and
WHEREAS, the Planning Board recommended approval on May 2, 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 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 I
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. 066.3 and grant New Development Site Plan approval to Wendy's
to allow the construction of a 3,330 square foot fast-food restaurant with a drive-thru
window with associated parking, landscaping and infrastructure improvements, including a
Limited Parking Waiver to reduce the size of the loading space at the northwest corner of
the property from 12' x 60' to 12' x 31.3', located at the northwest quadrant of West
Commercial Boulevard, specifically A portion of Lots 4-6, Block 9 of the "Lyons
Commercial Subdivision Unit No. 2" Plat, according to the Plat thereof as recorded in Plat
Book 69, Page 43 of the Public Records of Broward County, Florida; Case No. 1-SP-01. I
April 23, 2001 - Temp. Reso. #9377 3
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 issuance of Revised Development Order No. 066.3
and granting of New Development Site Plan approval to Wendy's to allow the construction
of a 3,330 square foot fast-food restaurant with a drive-thru window with associated
parking, landscaping and infrastructure improvements, including a Limited Parking Waiver
to reduce the size of the loading space at the northwest corner of the property from 12' x
60' to 12' x 31.3', located at the northwest quadrant of West Commercial Boulevard,
specifically A portion of Lots 4-6, Block 9 of the "Lyons Commercial Subdivision Unit No. 2"
Plat, according to the Plat thereof as recorded in Plat Book 69, Page 43 of the Public
Records of Broward County, Florida; Case No. 1-SP-01; is HEREBY APPROVED.
SECTION 3: Revised Development Order No. 066.3 and the New
Development Site Plan issued and granted herein are 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 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.
April 23, 2001 - Temp. Reso. #9377 4
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 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 shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 2711 day of June, 2001.
SCHREIBER'
MAYOR
--ATTEST:
MARION SWENSON, CMC
- CITY CLERK
I HEREBY CERTIFY
have aVt d this
J I
RESMU IIN as to
MITCHELL S. 1<,RAFT
CITY ATTOnEY
commdev\u:\pats\userdata\w pdata\res\9 3 7 7 reso
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER C_
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKIN
DIST 3: VIM SULTANOF
DIST 4: COMM. ROBERTS
I
1.1
EXHIBIT 69V1
TEMP RESO #9377
CITY OF TAMARAC
7525 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321
TELEPHONE (954) 724-1292
DEVELOPMENT REVIEW STATUS SHEET
Date: May 3, 2001
Orig. Dev. Order: 066
Revised Dev. Order: 066.3
Project: Wendy's
Master File: 25-82
Location: Northwest quadrant of West Commercial Boulevard and Pine Island Road
Developer: Corporate Property Services, Inc.
Owner: NYCH Partners, Ltd By: Durbeck Inc. as Gen Partner
Zoning: B-2
Future Land Use Designation: Commercial
Acres: 1.29
Recommended Date for Commission Action: June 27, 2001
1. DEVELOPMENT ORDER FOR: NEW DEVELOPMENT SITE PLAN APPROVAL
Comments: Subject to Findings.
2. PLANNING BOARD RECOMMENDATION: APPROVAL
Date of Action: May 2, 2001
Planning Board findings of compliance with certified Plan: Yes
3. FINAL ENGINEERING DRAWINGS:
Dated R eceived: On File in the City Engineer's Office.
4. LANDSCAPE PLAN: April 13, 2001
5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A
1
EXHIBIT ill IV
TEMP RESO #9377
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 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: 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:
To be determined
H.
Public Works Engineering Fees
Fee Amount:
N/A
Utility Engineering Fees Fee Amount: N/A
1. 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: $2,890.44
K
EXHIBIT 6111
TEMP RESO #9377
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
1. School Sites: N/A
8. PROCESSING FEES (PAID)
Site Plan $2,250.00
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No Text
DESIGNATION OF AGENT
DATE: JDJ FOR QUASI-JUDICIAL PROCEEDINGS
I, �
CASE NO.:
IN THE MATTER OF: (A a F6:41 O-Aeck
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-JUDICIAL HEARING AND THE MATTER MAY BE DETERMINED WITHOUT THE BENEFIT OF
THEIR TESTIMONY.
AGENT / CORPORATE PROPERTY SERVICES, INC.
(Insert name of APO) WILL ATTEND THE QUASI-JUDICIAL HEARiNG TO BE
HELD ON IN MY ABSENCE. IN ADDITION, HAS MY
PERMISSION TO ACT AS MY AGENT IN ALL MATTERS R�LATING TO ANY PWZEEDINGS
RELATEDTO Wendv's Development @ Nw Corner of Commercial Blvd. & Pine Island Road
(Address of subject property)
THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING.
SIGNATURE OF OWNER:
e=5
(PRnt Name of Owner)
V/"
STATE OF FLORIDA:
COUNTY OF BROWARD:
NAME/ ADDRESS AND PHONE NO.
OF DESIGNATED AGENT:
-CORPORATE PROPERTY SERVICES. INC.
600 Fairway Drive, Suite 104
(15Rnt Name of Designated Agenf)
Deerfield Beach, FL 33441
The foregoing instrument was acknowledged before me this -?,2A4D day of
.e
�a 19.2v-0, b C- —, owner of property, who is
personally known fo—m-6 or'has produced identification ( ) and
who (did/did not) take an oath. I . (type of identification)
My Commission Expires:
0' 'N janette L Barr
*MV COMMIWon OC683942
exp-lre, Sept9mber 28, 2001
2/12M
NorAry Public State of Florida
�Yan-e -1-1-e /- - 61 r" -
(Type or print name of Notary)