HomeMy WebLinkAboutCity of Tamarac Resolution R-99-0961
February 24, 1999 - Temp. Reso. #8543 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99-%
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, ISSUING
REVISED DEVELOPMENT ORDER NO. 219.2
AND GRANTING MAJOR REVISED SITE PLAN
APPROVAL FOR COMMERCIAL SHOPPES TO
ALLOW THE DEMOLITION OF THE EXISTING
1,248 SQUARE FOOT BUILDING AND
RECONSTRUCTION OF A 6,045 SQUARE FOOT
RETAIL STORES/RESTAURANT, LOCATED AT
THE SOUTHWEST CORNER OF COMMERCIAL
BOULEVARD AND PROSPECT ROAD;
PURSUANT TO CHAPTER 10 OF THE CODE OF
ORDINANCES OF THE CITY OF TAMARAC;
CASE NO. 38-SP-98; 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, Martin P.
Heise, 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
7, 1999 (attached hereto as Exhibit 1"); and
WHEREAS, the Development Review Committee recommended conditional
February 24, 1999 - Temp. Reso. #8543 2
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approval on January 8, 1999; and
WHEREAS, the Planning Board recommended a conditional approval on February
17, 1999; 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, or will be in compliance 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. 219.2 and grant Major Revised Site Plan approval Commercial
Shoppes to allow the demolition of the existing 1,248 square foot building and
reconstruction of a 6,045 square foot retail stores/restaurant, located at the southwest
corner of Commercial Boulevard and Prospect Road; Case No. 38-SP-98.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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February 24, 1999 - Temp. Reso. #8543 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
Commercial Shoppes to allow the demolition of the existing 1,248 square foot building and
reconstruction of a 6,045 square foot retail stores/restaurant, 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. 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.
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,
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February 24, 1999 - Temp. Reso. #8543 4
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 day of , 1999.
0�_e_ Z&a�n
JOE SCHREIBER
MAYOR
ATTEST:
du'j-�
CAROL GOLD, C/AAE
CITY CLERK
I HEREBY CERTIFY that I
hv€pproved this
ES UT4Mas to form.
MITCHELL SA(
CITY ATTORN
commdev\u:\pats\userdata\wpd ata\res\8543reso
RECORD OF COMMISSION
MAYOR _ SCHREIBER
DIST 1: COMM. PORTAM
DIST 2: _ V!M MISNKIN
DIST 3, COMM. SU1,�At�i 1
DIST 4: COMM. RO—BEM,.
31044, W-1 e�,,
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CITY OF TAMARAC
7525 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321
TELEPHONE (954) 724-1292
DEVELOPMENT REVIEW STATUS SHEET
Date: April 7, 1999
Orig. Dev. Order: 219
Revised Dev. Order: 219.2
Project: Commercial Shoppes
Master File: 21-86
Location: Southwest corner of Commercial Boulevard and Prospect Road
Developer: Prospect Commercial, Inc./Martin P. Heise
Owner; Prospect Commercial, Inc./Martin P. Heise
Zoning: B-3
Future Land Use Designation: Commercial
• Acres: .88
Recommended Date for Commission Action: March 10, 1999
1. DEVELOPMENT ORDER FOR: MAJOR REVISED SITE PLAN APPROVAL
Comments: Subject to Findings.
2. PLANNING BOARD RECOMMENDATION: CONDITIONAL APPROVAL
Date of Action: February 17, 1999
Planning Board findings of compliance with certified Plan: Yes
3. FINAL ENGINEERING DRAWINGS:
On file in the City Engineer's Office
4. LANDSCAPE PLAN: April 7, 1999
5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A
EXHIBIT "1" 1 TEMP RESO #8543
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: $4,165.00
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EXHIBIT 96
1" 2 TEMP RESO #8543
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)
Site Plan $2,250.00
u:\pats\userdata\wpdata\formsM43drss
EXHIBIT "l" 3 TEMP RESO #8543
NOV-17-98 TILE 04:54 PM TAMARAC BLDG DEPT FAX NO. 954 724 2453 P. 04
DESIGNATION OF AGENT
FOR QUASI-JUDICIAL PROCEEDINGS
DATE;
CASE NO.: - S
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.
' 1 0 r- R oy M Prssg A
�1(1�pre•�iti P• t-��-SSE WILL ATTEND THE QUASI-JUDICIAL
(Insert name of Agent)
HEARING TO BE HELD ON
IN MY ABSENCE. 1N ADDITION,
HAS MY PERMISSION TO ACT AS MY AGENT IN
ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED 07
L�Ca . a w fl.
(Address of subject property)
THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING.
SI NATURE OF OWNER:
(Print Name of Owner)
STATE OF FLORIDA:
COUNTY OF BROWARD•
NAMEIADDRESS AND PHONE NO. •
OF DESIGNATED AGENT:
awy MASS
a 3 U.,,-7 ►Moc, rza. Ars
(Print Name of Designated Agent) 33`
Phone:-9J_1-CC9VFax-.
The foregoing instru nt was acknowledged before me this �� _ day of
' ' E , 192 by r_ owner of property, who is
ersonally known to m or has produced identification ( _ land
`- (type of identification)
who (di did not) take an oath.
otary Public State of Florida
My Commission Expires:
OFFICIAL NOTARYS�AL
kV' INA J WOOD (Type or print name of Notary)
NOTARY PUBLIC STATE OF FLORIDA
COMMLSSION NO. CC783155
MY COM1,11SSION EXP. UNE 10 001
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COMMERCIAL SHOPPES
CASE NO. 38-SP-98 -TEMP RESO #8543
1Q
CITY COMMISSION
e
APRIL 14, 1999
MAJOR REVISED SITE PLAN
Jeffrey L. Miller
Director
munity Development
City of Tamarac
7525 N.W. 88"' Ave., Tamarac, Florida 33321-2401
Telephone: (954) 724-1292
Facsimile: (954) 724-2453
pF TA/y.9
FOR% p
Robert S. Noe, Jr.
City Manager
bnoe®tamarac.org
City of Tamarac
/3L3 IN.W. 00M iwenue, lamarac, Florida 33321-2401
Telephone: (954) 724-1230 - Facsimile (954) 724-2454
April 7, 1999
The Honorable Mayor and Members of the City Commission
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, Florida 33321
Mr. Mayor and Members of the Commission:
The purpose of this letter is to elaborate on Temporary Resolution 8543
on the April 14 h agenda. This is a quasi-judicial hearing and I plan to make
these comments at the April 14th meeting. 0
The owner and developer, Mr. Martin P. Heise telephoned me to request
that this item be put on the Commission agenda, even though he had not
reached agreement with the staff. While there may be other minor issues, the
major disagreement revolves around Mr. Heise's preference not to close the
existing entrance and to move it further from the intersection as recommended by
staff. Mr. Heise asked for his item to be placed on the agenda so that he can
plead his case with the Commission.
I believe that the staff is correct in its assessment, and that the resolution
should be approved as prepared which stipulates in part that the existing
entrance will be closed and moved further from the intersection.
This is provided for your information. If you have questions, I will be
pleased to answer them at the April 14th quasi-judicial hearing.
Very truly yours,
S. 0
Robert S. Noe, Jr.
C: City Attorney
Mr. Martin P. Heise
Equal opportunity Employer