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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-3021 September 8, 2000 - Temp. Reso. #9032 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, DENYING NEW DEVELOPMENT SITE PLAN APPROVAL TO RACETRAC GAS STATION FOR THE CONSTRUCTION OF A 3,952 SQUARE FOOT GAS STATION WITH A CONVENIENCE STORE WITH FUEL ISLANDS AND ASSOCIATED PARKING, LOCATED AT THE EAST SIDE OF UNIVERSITY DRIVE, NORTH OF BROOKWOOD BOULEVARD; SPECIFICALLY PARCEL "B" OF THE "PICCADILLY CAFETERIA" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 115, PAGE 37 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; CASE NO. 29-SP-99; 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 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 August 15, 2000 (attached hereto as Exhibit "'I"); and WHEREAS, the Development Review Committee recommended conditional September 8, 2000 - Temp. Reso. #9032 2 1 approval on October 22, 1999; and WHEREAS, the Planning Board recommended denial on September 6, 2000; and WHEREAS, the City Manager, the Director of Community Development, and the Director of Utilities recommend denial; and WHEREAS, the City Commission reviewed this site plan approval and accompanying documents at a public meeting; and WHEREAS, the City Commission has determined that the application is not in compliance with all elements of the Comprehensive Plan, and would not 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 deny New Development Site Plan approval to RaceTrac Gas Station for the construction of a 3,952 square foot gas station with a convenience store with fuel islands and associated parking, located at the east side of University Drive, north of Brookwood Boulevard; specifically a Parcel "B" of the "Piccadilly Cafeteria" Plat, according to the Plat thereof as recorded in Plat Book 115, Page 37 of the Public Records of Broward County, Florida; Case No. 29-SP-99. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: LJ 1 1 September 8, 2000 - Temp. Reso. #9032 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 New Development Site Plan approval to RaceTrac Gas Station for the construction of a 3,952 square foot gas station with a convenience store with fuel islands and associated parking, located at the east side of University Drive, north of Brookwood Boulevard; specifically Parcel "B" of the "Piccadilly Cafeteria" Plat, according to the Plat thereof as recorded in Plat Book 115, Page 37 of the Public Records of Broward County, Florida; Case No. 29-SP-99; is HEREBY DENIED. 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 application, it shall not affect the validity of the remaining portions or applications of this Resolution. 11 CCP`TInAI r, passage and adoption. September 8, 2000 - Temp. Reso. #9032 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this ATTEST: ue NSON, CMC RK ) (E;RTIFY that I ro(4M this T'foN alto form. MIT ELL S. KR4 CITY ATTORNEY commdev\u:\pats\userdata\wpdata\res\9032reso 1 t� day of , 2000. 1"'� 29- JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE MAYOR SCHREIBER,..,..._,-41� DIST t: COMM. PORTNER4 DIST 2: COMM. MISHKIN _J,4,._..I-t- DIST 3: COMM. SULTANOF ""*—--- DIST 4: VIM ROBERTS EXHIBIT $91" TEMP RESO #9032 CITY OF TAMARAC 7525 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (954) 724-1292 DEVELOPMENT REVIEW STATUS SHEET Date: August 15, 2000 Orig. Dev. Order: 052 Revised Dev. Order: 052.3 Project: RaceTrac Gas Station Master File: 14-81 Location: East side of University Drive, north of Brookwood Boulevard Developer: RaceTrac Petroleum, Inc. Owner: RaceTrac Petroleum, Inc. Zoning: B-2 Future Land Use Designation: Commercial Acres: 3.72 Recommended Date for Commission Action: September 27, 2000 1. DEVELOPMENT ORDER FOR: NEW DEVELOPMENT SITE PLAN APPROVAL Comments: Subject to Findings. 2. PLANNING BOARD RECOMMENDATION: DENIED Date of Action: September 6, 2000 Planning Board findings of compliance with certified Plan: No 3. FINAL ENGINEERING DRAWINGS: Dated Received: On File in the City Engineer's Office, 4. LANDSCAPE PLAN: April 6, 2000 5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A 1 EXHIBIT "1" TEMP RESO #9032 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 by Utilities 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: N/A Utility Engineering Fees Fee Amount: N/A 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: $15,615.00 0 EXHIBIT "1" TEMP RESO #9032 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\forms\9032drss KI RACETRAC GAS STAl10N CASE NO. 29-SP-99 - TEMP RESO #9032 R-3 B-1 B--3 ..:1V1C-XAELR0AD--- - 400 0 400 800 Feet CITY COMMISSION City of Tamarac September 27, 2000 J Christopher King 7525 N.W. 88th Ave, Tamarac, Florida 33321-2401 New Development Site Plan Director Teiephone: (954) 724-1292 CaTmAnity Development Facsimile: 724-2453 00�'20/99 MON 21:01 FAX 7703336207 RA (7V0G ON XH/XTl sT:ZT ain 66/BO/90 DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEEDINGS DATE: CASE NO.: IN THE MATTER OF: ANY PERSON APPEARING ON YOUR BEHALF, IN YOUR ABSENCEMUST 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. liric . WILL ATTEND THE QUASI-JUDICIAL HARING TO BE HELD ON IN MY ABSENCE. ^..t_ PE�•ABSENCE. IN ADDITION, ALL MATTERS RELATING HAS TO ANY 1 PROCEEDINGS AS SSION TO MY AGENT 1N A" � #^r RELATED TO (Address Of subject property) THIS FORM MUST BE RETURNED PRIOR Tp THE QUASI-JUDICIAL HEARING. SIGNATURE OF O E DONALD L. CLARK (Print Namo of Owner) AUTHORIZED AGENT NAMEIADDRESS AND PHONE No. OF DESIGNATED AGENT: (Print Name of Designated Agent) C T��Wfa3ti+�i �u+Z-T S STATE CF=r-LQR#&A: Georgia: Phone; 1701; �6vo Fax: C-1-2b13"��-6Za7 COUNTY OF BR0WA#4B: Gwinnett: The foregoing instrument was acknowledged l�u �r�e� me,h is zest day a S-ptembe � qg 9. by Donald L. Clark ��A/t"te�F�27f e personally known to me— o�t��6���-, wFra is and Who (did/did not) take an oath. (LYPe of identification) MY Commission Expires: Notary Public State o ari3#a Georgia NOTARY PUBLIC, GUNNETT COUNTY, GEORGL4 MY COMMISSIONU.PIRESMIM1'4M Gloria B. Hough (Type or print name of Notary) - ., M.