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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 u:\pats\userdata\wpdata\forms\9377drss 3 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)