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HomeMy WebLinkAbout2005 08 22 Regular Item 512- Bruster's Ice Cream Plans to be built COMMISSION AGENDA ITEM 512 Consent Information Public Hearin Re ular August 22. 2005 Meeting MGR. l/L/ /Dept. x J~ REQUEST: The Public Works Department/Engineering Division requests the City Commission validate the staff recommendation finding Bruster's Ice Cream to be built in substantial accordance with the Final Engineering plans and to accept the potable water and sanitary sewer infrastructure for ownership and maintenance. PURPOSE: The purpose of this Agenda Item is to request the City Commission validate the staff recommendation finding Bruster's Ice Cream to be built in substantial accordance with the Final Engineering per Section 9-178 and to accept the potable water and sanitary sewer infrastructure for ownership and maintenance in order for Certificates of Occupancy to be issued. This site is located on the southeast comer of S.R. 434 and Costa Rica Drive APPLICABLE CODE: Section 9-178. Required Improvements to be completed prior to building on lots; exceptions. ( c) Where the building official has an authoritative method of assurance that the improvements will be completed in accordance with approved plans, such as withholding occupancy, the building official may issue building permits upon advising the developer that all or partial occupancy will be restricted until satisfactory completion of the improvements has be accomplished. (d) ... Certificates of occupancy will not be issued until all improvements are accepted by the city comrrusslon. FINDINGS: 1) The site construction completed to-date has been determined to be acceptable, except as noted below. August 22, 2005 Regular Agenda Item 512 Page 2 2) The Final Engineering for Bruster's was approved by the City Commission at the January 24, 2005 Commission meeting. The work completed to-date has been determined to be constructed in accordance with the approved final engineering plans, with the exceptions as noted below. 3) Staff acknowledges that the developer, Mr. Ayube Khan, would like to open Bruster's for business as soon as possible. Staffhas worked diligently with Mr. Khan up to 7-days a week to help him through the final completion process. EXCEPTIONS: 1) The following construction items are incomplete as of 8/17/05 a. Curb and gutter in the parking area b. Signage and striping in the parking area c. Site landscaping and sodding (all) d. Final grading on the dry detention pond e. Off site restoration (SR 434) f. Installation of the sidewalk drain per the plans 2) As-built drawings have not been provided. 3) The engineer-of-record's certification letter has not been received. 4) A copy of the engineer's SJRWMD's certification has not been received. 5) The FDEP water certification has been submitted to FDEP, but the water system has not been cleared. 6) The final video of the sanitary system has not been received. 7) The FDEP sewer certification has not been submitted and is being held until the remainder of the utility-related items on this exception list are complete. 8) A warranty bond or letter of credit for the City-owned portions of the potable water and sanitary sewer improvements has not been provided. 9) A bill of sale for the City-owned portions of the potable water and sanitary sewer systems has not been provided. 10) FDOT has not completed their final inspection and sign-off on the improvements within the FDOT right-of-way. 11) Departmental signoffs (Arborist, Fire, etc..) 12) Any additional punchlist items that may be identified at a later date based on as-built inspections of any incomplete items listed above. RECOMMENDA TION: Due to the exceptional number of incomplete items listed above, Staff recommends a conditional approval, consisting of the following: 1. The items listed below must be complete prior to issuance of a Certificate of Occupancy: a. Complete construction of curb and gutter, signage, striping, final grading, offsite restoration in SR 434, and the sidewalk drain. b. Engineer of record's certification letter August 22, 2005 Regular Agenda Item 512 Page 3 c. FDEP water certification d. Submittal of SJRWMD certification e. As-built drawings f. Final video of the sanitary system and clearance of all items necessary for the release the FDEP sewer certification g. Warranty bond or letter of credit h. Bill of sale for the utilities 1. FDOT certification 2. The developer shall issue a performance bond to the City for the construction of the site landscaping, sodding, and irrigation in the amount of$15,000. The bond shall have a release date three months after its issue date. 3. The bond shall be brought back to the Commission for release when all staff comments have been addressed. IMPLEMENTA TION: A Certificate of Occupancy for can be issued after Commission conditional approval and full compliance with the conditions noted. The bond will be brought back to the Commission for release approval and any final input from the City Commission. ATTACHMENTS: None CITY COMMISSION ACTION: