HomeMy WebLinkAboutCity of Tamarac Ordinance O-2000-014May 5, 2000 - Temp. Ord. #1895 1
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2000- )q'
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE THE DEVELOPMENT
AGREEMENT BETWEEN WEST POINTE LAND,
L.L.C., (A DELAWARE LIMITED LIABILITY
COMPANY) AND THE CITY OF TAMARAC,
FLORIDA (A MUNICIPAL CORPORATION OF
THE STATE OF FLORIDA) FOR
DEVELOPMENT OF WESTPOINT CENTRE;
CASE NO. 11-MI-00; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, economic welfare is one of the main concerns of a modern city; and
WHEREAS, West Pointe Land, L.L.C. owns a parcel of real property, legally
described as Section 7, Township 49 South, Range 41 East of the "Westpoint Section 7"
Plat, according to the Plat thereof as recorded in Plat Book 162, Page 3 of the Public
Records of Broward County, Florida; and
WHEREAS, the subject property consists of 158.61 acres and is defined under
Chapter 380, Florida Statutes (F.S.) as a Development of Regional Impact (DRI); and
WHEREAS, On December 20, 1989, the then City Council of the City of Tamarac
approved Ordinance No. 0-89-44, a Development Order for the Westpoint DRI; and
WHEREAS, the proposed Westpoint DRI is located within the Tamarac Commerce
May 5, 2000 - Temp. Ord. #1895 2
Park; and
WHEREAS, the Mayor and City Commission of the City of Tamarac have long
recognized the importance of the Tamarac Commerce Park for the economic vitality of the
City; and
WHEREAS, Chapter 163 of the Florida Statutes authorizes municipalities to enter
into Developer Agreements; and
WHEREAS, the City of Tamarac desires to increase it's tax base by having a
successful quality development on the subject property; and
WHEREAS, West Pointe Land, L.L.C. and the City desire to set forth the manner by
which the subject property shall be developed; and
WHEREAS, the City recognizes that the West Pointe Land, L.L.C. constructed, at its
own expense, Hiatus Road within the subject property along with various other off -site
improvements; and
WHEREAS, West Pointe Land, L.L.C., is requesting approval of the Development
Agreement for the Westpoint DRI pursuant to Chapter 163, Florida Statutes; and
WHEREAS, the Agreement is the culmination of discussions, conversations,
negotiations and mutual understandings between the City and West Pointe Land, L.L.C.;
and
WHEREAS, the Planning Board recommended approval on May 3, 2000; and
WHEREAS, the Director of Community Development recommends approval; and
n
May 5, 2000 - Temp. Ord. #1895 3
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 authorize the
appropriate City officials to execute the Development Agreement Between West Pointe
Land, L.L.C., (a Delaware Limited Liability Company) and the City of Tamarac, Florida (a
municipal corporation of the State of Florida) for Development of Westpoint Centre.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of the Ordinance
upon adoption hereof.
SECTION 2: That the City Commission authorizes the appropriate City
officials to execute the Development Agreement Between West Pointe Land, L.L.C., (a
Delaware Limited Liability Company) and the City of Tamarac, Florida (a municipal
corporation of the State of Florida) for Development of Westpoint Centre (attached
hereto as Exhibit "1").
SECTION 3: All Ordinances or parts of Ordinances, and all Resolutions or
parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.
SECTION 4: If any provision of this Ordinance or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions
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1
May 5, 2000 - Temp. Ord. #1895 4
or applications of this Ordinance that can be given affect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be severable.
SECTION 5: This Ordinance shall become effective immediately upon its
passage and adoption.
PASSED, FIRST READING this /o day of
[`
PASSED, SECOND READING this day of
MARION SWENSON
INTERIM CITY CLERK
I HER Y CERTIFY that I
hav p �p ved this
0 IN f>hCE aA form.
MITCHELL S. KW
CITY ATTOR Y
commdev\u:\pats\reso\1 895ord.doc
, 2000.
, 2000.
F
JOE r r
ER
MAYOR
RECORD OF COMMISSION
MAYOR SCHREIBER
DIST 1: COMM. PORTNER, j
DIST 2: COMM. MISHKIN -4
DIST 3: COMM. SULTANOF6
DIST 4: VIM ROSSM „,.,,„
EXHIBIT 11"
i
TEMP ORD #1895
DEVELOPMENT AGREEMENT
BETWEEN
WEST POINTE LAND, L.L.C.,
a Delaware limited liability company
AND
CITY OF TAMARAC, FLORIDA,
a municipal corporation of the State of Florida
FOR DEVELOPMENT OF
WESTPOINT CENTRE
FTL:638573:4
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into
this q9L day of , 1999, by and between WEST POINTE LAND, L.L.C., a
Delaware limited liability company authorized to conduct business in the State of Florida
("Developer"), and the CITY OF TAMARAC, a municipal corporation of the State of
Florida ("City")
WITNESSETH:
WHEREAS, Developer owns a parcel of real property, a legal description of
which is attached hereto and made a part hereof as Exhibit "A" ("Property") which
consists of approximately 158.61 acres; and
WHEREAS, the City recognizes that the Developer constructed at its own
expense Hiatus Road within the Property; and
WHEREAS, the Property is a Chapter 380, Florida Statutes approved
Development of Regional Impact ("DRY) that is commonly known as Westpoint Centre
and is currently undeveloped. The Property is approved for commercial, industrial and
office use.
WHEREAS, the Developer proposes to build a quality development on the
Property consistent with the DRI and the City's Comprehensive Plan. Such development
will provide the City with a significantly increased tax base; and
WHEREAS, THE City desires to increase its tax base by having a successful
quality development on the Property; and
WHEREAS, Developer and City desire to set forth the manner by which the
Property shall be developed; and
FTL:638573:4
2
WHEREAS, this Agreement is the culmination of discussions, conversations,
negotiations and mutual understandings, and the Developer and the City believe that it is
in the best interest of each party to initiate the process required by law to enable the
Property to be developed in accordance with the terms and conditions described herein,
and in accordance with applicable Florida law, the City's Charter and the City's Code of
Ordinances ("City Code").
NOW, THEREFORE, for and in consideration of mutual benefits and the public
interest and other good and valuable considerations, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto agree as follows:
1. The foregoing recitations are true and correct and are incorporated herein
by reference. All exhibits to this Agreement are hereby deemed a part hereof.
2. This Agreement is entered into under the authority of the Florida
Constitution, the general powers conferred upon municipalities by statute and otherwise
(including Chapter 166, Florida Statutes), the Florida Local Government Development
Act ("Act"), Sections 163,3220 through 163.3243, Florida Statutes, and the City's
Charter.
3. For the purposes of this Agreement, any term defined by Section
163.3221, Florida Statutes, and not otherwise defined herein, and used herein, shall have
that meaning set forth in Section 163.3220, Florida Statutes.
4. This Agreement, as well as the Ordinance adopting same, shall be
effective upon the expiration of any applicable appeal periods.
5. Developer acknowledges and represents to the City that Developer is the
owner of the Property and that Developer is empowered to enter into this Agreement.
FTL:638573:4 3
1 . _ a
The City acknowledges that in the event that Developer sells the Property, all terms,
conditions and provisions of this Agreement shall inure to the benefit of any successor(s)-
in-title to Developer.
6. The duration of this Agreement shall be for a ten (10) year period and may
only be extended by mutual consent of the City and Developer. Consent of the City to
extend the duration of this Agreement shall be evidenced by adoption of a Resolution
adopting this Agreement and adopted in compliance with Section 163.3225, Florida
Statutes. All development approved pursuant to this Agreement shall be vested and shall
not constitute nonconforming uses or structures. This provision shall survive any
expiration of this Agreement and shall run with the land
7. City agrees that it shall waive applicable Site Plan Review Fees for
qualified economic development projects. The City Manager shall review Westpoint
Centre development projects and shall determine whether a development project is a
qualified economic development project. In such cases, the City Manager shall
recommend that the City Commission waive all applicable Site Plan Review Fees for the
project.
8. City shall waive all applicable City Traffic Impact Fees for the Westpoint
Centre Property. Developer shall construct any roads Developer elects to construct
within Westpoint Centre in accordance with City standards and at Developer's sole
expense.
9. City shall waive all applicable City Streetscape Improvement Fees
because Developer shall install perimeter streetscape landscaping along Nob Hill Road,
Commercial Boulevard, the Sawgrass Expressway and any internal roadway within
Westpoint Centre consistent with the Conceptual (Streetscape) Landscape Plan attached
FTL:638573:4
hereto and made a part hereof as Exhibit "B". Developer shall install perimeter
streetscape landscaping along Hiatus Road, and Commercial Boulevard east from Hiatus
Road to Nob Hill Road and west from Hiatus Road to the western boundary of Phase 1,
prior to the issuance of a certificate of occupancy for the first building in Phase 1.
Developer shall install two (2) primary park identification signs at Hiatus Road and
Commercial Boulevard, along with sign related landscaping, prior to the issuance of a
certificate of occupancy for the first building in Phase 1. Developer shall install the
required perimeter streetscape landscaping (i) along Nob Hill Road prior to the issuance
of a certificate of occupancy for the first building in Phase 3; and (ii) along the Sawgrass
Expressway prior to the issuance of a certificate of occupancy for the first building in
Phase 4. These phases are more particularly described in Exhibit "B". Developer shall
install perimeter streetscape landscaping along internal roadways within the Property
prior to the City's approval or acceptance of such roadway.
10. The City Manager shall recommend to the City Commission the reduction
of engineering fees by the Utilities, Public Works and Engineering Departments for water
distribution, wastewater and paving, grading, drainage as well as building permit fees on
an individual project by project basis for qualified economic development projects.
11. Developer shall have the right to appeal to the City Commission any
determination made by the City Manager pursuant to this Agreement.
12. City shall permit Westpoint Centre to develop the project under a phased
Master Plan with each phase addressing applicable signage and streetscape
improvements.
FTL:638573:4
13. City agrees to assign a project manager to each site plan for Westpoint
Centre and to ensure that all site plans and permits are reviewed expeditiously.
14. The development standards attached hereto and made a part hereof as
Exhibit "C" shall be the applicable standards for the Westpoint Centre and, in the event of
any conflict with the City's Land Development Code or other applicable Code of
Ordinances requirements, Exhibit "C" shall control.
15. Miscellaneous.
(a) Pronouns. All pronouns and any variations thereof shall be
deemed to refer to the masculine, feminine and neuter, singular or plural, as the identity
of the party or parties, personal representatives, successor or assigns may require.
(b) Severability. The invalidity of any provision hereof shall in no
way affect or invalidate the remainder of the Agreement.
(c) Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which shall together
constitute one in the same instrument.
(d) Governing -La . This Agreement shall be construed in accordance
with the laws of the State of Florida, and any proceeding arising between the parties in
any manner pertaining to this Agreement shall, to the extent permitted by law, be held in
Broward County, Florida.
(e) Binding Effect. The obligations imposed pursuant to this
Agreement upon the Developer and Developer's Property shall run with the land and this
Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their
personal representatives, heirs, successors, grantees and assigns. A copy of this
FTL:638573:4 6
Agreement shall be recorded in the Public Records of Broward County, Florida, upon
execution of this Agreement by the parties hereto.
M Attorney's Fees. Should either party hereto bring an action against
the other to enforce the terms and provisions hereof, then the party prevailing in said
action shall be entitled to a judgment against the other for his reasonable attorneys' fees
and costs at both the trial and appellate levels.
Witnesses:
rn rl/
Pri e:
Print name:
STATE OF S11
SS
COUNTY OF Go,K )
'A I fild
CITY OF TAMARAC, a Florida
municipal corporati
By: ��" No 4e2!.-2��JAPYrD RM:
tyAt
torney
DEVELOPER:
WEST POINTE LAND, L.L.C., a
Delaware limited liabi ' company
By:
Pri t ame: �`�,h�r, Kev;n �'ooc.,mav�
Titl
(Seal)
The foregoing instrument was acknowledged before me this l��" day of
M 2000, by 1A,14eo JoucLg , as `r ;c�ev�� of WEST
POINTO LAND, L.L.C., a Delaware limited liability company on behalf of said
FTL:638573:4
7
company. He or she is personally known to me or has produced as
identification or is known to me personally.
=ARODRIGUEZ
SEAL"
DRIGUEZ NOTARY PUB IC
OF ILLINOIS(SEAL)ES 12/9/2000
Print Name:,r�
Commission No.:
My commission expires: la_q -avc�
FTL:638573:4
EXHIBIT "A"
Westpoint Section 7 Plat as recorded in Plat Book 162, Page 23 of the Public Records of
Broward County, Florida.
FTL:638573:4
EXHIBIT "B"
Conceptual (Streetscape) Landscape Plan
FTL:638573:4
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EXHIBIT "C" (1 of 4)
WESTPOINT CENTRE
B-3 and LI-1 ZONING CRITERIA
ITEM DESCRIPTION
AGREED UPON STANDARDS
BUILDING SETBACKS
Front
50'
Rear
35'
Sides
25'
PARKING SETBACKS*
From Roadways
50' (Hiatus)
20' (Comm./Nob Hill)
35' (internal)
Not adjacent to Roadways
10' (front, rear, sides)
REQ'D LANDSCAPE YARDS
Same as parking setbacks
* Provided no objection from Utility providers holding easements
FTL:640849:1
EXHIBIT "C" (2 of 4)
WESTPOINT CENTRE
B-3 and LIW 1 ZONING CRITERIA
ITEM DESCRIPTION
AGREED UPON STANDARDS
LANDSCAPE BUFFER
10' front building
AREAS ADJACENT
5' rear and sides (except loading
TO BUILDING
areas)
LANDSCAPE BUFFER
Same as parking setbacks
AREAS
REQUIRED % OF PERVIOUS/
20% of each site
GREEN SPACE AREA
MAX BLDG COVERAGE
40% Building Coverage
COVERAGE (FAR)
FAR limits on case by case
Basis.
FT' L:640849:1
EXHIBIT "C" (3 of 4)
WESTPOINT CENTRE
B-3 and LI-1 ZONING CRITERIA
ITEM DESCRIPTION
AGREED UPON STANDARDS
MINIMUM PARKING
9' x 18' all spaces
SPACE DIMENSIONS
MAXIMUM SPACES
10
BETWEEN LANDSCAPE
PARKING ISLANDS
PARKING REQ'TS AND
RATES
Office
1 sp./250 s.f.
Manufacturing/Warehouse
1 sp,/500 s.f. (manufacturing)
1 sp./1000 s.f. (warehouse)
Commercial
1 sp./250 s,f
BUILDING HEIGHT
RESTRICTIONS
Office
50'
Industrial/Warehouse
50'
Commercial
50'
MINIMUM PLOT SIZE
1 acre Commercial
2 acres all other uses
MATERIAL/RESTRICTIONS/
None
BUILDING SKIN
REQUIRED SHIELDING
Loading areas
Landscape screening
Dumpsters
Landscape screening, concrete
enclosure walls with opaque gates
FTL:640849:1
EXHIBIT "C" (4 of 4)
WESTPOINT CENTRE
B-3 and LI-1 ZONING CRITERIA
ITEM DESCRIPTION
AGREED UPON STANDARDS
EXTRA SETBACKS FOR
N/A
OR BECAUSE OF ADJACENT
USES
SIDEWALK REQ'TS
Roadways
On 1 side of roadway
Adjacent to buildings
Only required for access to front
entrance (except if more required by
ADA)
RESTRICTIONS FOR
Shared driveways permitted
LIMITATIONS FOR SHARED
ENTRYWAYS/DRIVEWAYS
USE OF BUILDING MOUNTED
Permitted
LIGHT FIXTURES FOR
ILLUMINATION OF "PARKING
AREAS" & SIDEWALKS
REQUIREMENTS FOR
N/A
UNDERGROUND UTILITIES
FTL:640849:1