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HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-083Temp Reso # 11889 June 14, 2010 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2010- 3 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A TIME EXTENSION OF ONE (1) YEAR FOR FINAL SITE PLAN APPROVAL FOR MURAL PLAZA, AS REQUESTED BY SOUTH EAST ARCHITECT SERVICES, INC. (LAWRENCE KRAMER), APPLICANT (CASE NO. 10-SP-10); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 10 of the City of Tamarac Code of Ordinances provides that the City Commission may grant time extensions on Site Plan approvals; and WHEREAS, the City Commission of the City of Tamarac, Florida, approved a Site Plan for Mural Plaza on March 14, 2007 via Resolution No. R-2007-28 (attached hereto as Exhibit "1 ", Temp Reso No. 11148); and WHEREAS, South East Architect Services, Inc (Lawrence Kramer), Applicant for Mural Plaza has requested to have the Site Plan extended for one (1) year; and WHEREAS, the Director of Community Development recommends approval of the one (1) year Site Plan Extension; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to grant a time extension of one (1) year for final Site Plan approval for Mural Plaza requested by South East Architect Services, Inc. (Lawrence Kramer), Applicant. 1 Temp Reso # 11889 June 14, 2010 Page 2 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 application for a one (1) year extension for the Mural Plaza final Site Plan, requested by South East Architect Services, Inc. (Lawrence Kramer), Applicant, is hereby approved subject to the following conditions: 1 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 (attached hereto as Exhibit "2", Temp Reso No. 11148 of Resolution No. R-2007-28) and approved final engineering drawings. B. Commencement of construction shall be no later than one (1) year from March 14, 2008 for the Mural Plaza Site Plan. 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. L 1 1 Temp Reso # 11889 June 14, 2010 Page 3 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 requirements. D. Additional conditions established in order to issue the revised development order are set forth as follows: That if, in the future, there were more stringent requirements for approval of a Site Plan, that Mural Plaza would modify their Site Plan to accommodate those new regulations. 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 in application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: adoption. This Resolution shall become effective immediately upon its Temp Reso # 11889 June 14, 2010 Page 4 PASSED, ADOPTED AND APPROVED this c day of 2010. BETH ULABItCO MAYOR ATTEST: ZEE REcnRD OF COMMISSION VOTE: MAYOR TALABISCO L r DIST 1: COMM. BUSHNELL DIST 2: COMM. ATKINS-GRAD LX�1 DIST 3: COMM.GLASSER_ L Y, _ DIST 4: VM. DRESSLER ... I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. GOREN CITY ATTORNEY 1 Exhibit " 1 " ... ' tii 4316 W. Broward Blvd. Plantation, FI. 33317 Telephone: 954-797-2821 May 18, 2010 Community Development Department City of Tamarac 7525 N.W. 88t4 Ave. Tamarac, FI. 33321 Dear Ms. Jennifer Bramley: Fax: 954-797-2847 E-Mail: Idk searcL�itects.rom r-- On behalf of our client, Mural Development, LLC, the owner of "Mural Plaza" a 37000 sq. ft. office retail development project we are requesting a site plan extension for one additional year. The request is made to allow for the time necessary to secure additional building and site development plan approvals and secure other development agreements. As of the date noted above we have secured a site permit for clearing and excavating [09-33300017 civil permit 8/12/09] and filed for final civil permits [water, sewer, drainage and paving permit no. 10- 333000191, building permit [building structure application no. 09-3390], D.O.T. permit [curb cut and related access]. The owner "Mural Development LLC' represented by Mr. Allan Ciftci, managing partner, has a strong track record for development in Broward County, California and internationally. He is committed to the development of "Mural Plaza", as demonstrated by his financial commitment on behalf of the project for development plans, governmental impact fees [county traffic impact fee, civil permit fee, mist. governmental fees as required], permit fees for clearing and grubbing and the execution of the work. This has been done in the midst of the worst down turn in our time. Personal time and finances have been expended in the belief that this project will be successful. 'c7 "Mural Plaza" will provide a new and exciting projector the city's main boulevard University Drive, one that will provide immediate jobs in the construction phase and in the future permanent employment in the new businesses that will occupy the building. This is a significant project, not an infill project, but a generator for other new development projects in the city. We are currently looking for early approvals for the civil permit, building permit and we are filed with D.O.T. for our access permit [curb cut, transition lane and D.O.T. drainage approval and license]. The one year extension we are requesting will permit us to properly execute our work in securing those permits and allow an orderly progression into the construction phase. We have a strong belief in our project, the vitality of the City of T arac and the economic recovery. S' cerel L nce , Pres. [South East Architect Services, Inc.] Exhibit " 2 Temp Reso #11146 — February 28, 2007 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO, R-2007-_23- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ISSUING DEVELOPMENT ORDER NO. 339 AND GRANTING NEW DEVELOPMENT SITE PLAN APPROVAL FOR MURAL PLAZA TO ALLOW THE CONSTRUCTION OF A 37,375 SQUARE FOOT, TWO -'STORY BUILDING FOR OFFICE AND RETAIL USE, ALONG WITH ASSOCIATED LANDSCAPING AND PARKING - AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A BLANKET PUBLIC SAFETY INGRESS/EGRE$S EASEMENT WITH MURAL. DEVELOPMENT LLC., FOR THE MURAL PLAZA PROJECT, LOCATED ON THE EAST SIDE OF UNIVERSITY DRIVE BETWEEN NW 64T" STREET AND MCNAB ROAD, SPECIFICALLY PARCEL "A" & t "B" OF THE "REGINA SUBDIVISION PLAT", ACCORDING_ TO. THE PLAT THEREOF AS RECORDED IN PLAT BOOK 141, PAGE 23 OF THE PUBLIC 'RECORDS OF BROWARD COUNTY, FLORIDA; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID AGREEMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (CASE NO. 07-SP-06); PROVIDING FOR CONDITIONS OF APPROVAL; 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 New Development Site Plan for development approval; and r Temp Reso #11148 — February 28, 2007 Page 2 WHEREAS, the City Commission has examined the application, the staff and Planning Board recommendations, and the Development Review Status Sheet dated February 21, 2007 (attached hereto as Exhibit "1 "); and WHEREAS, the Director of Community Development recommends approval; and WHEREAS, the Planning Board recommended approval on February 21,2007; and WHEREAS, the City Commission reviewed this 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 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 Development Order No. 339 and grant New Development Site Plan approval for Mural Plaza to allow the construction of a 37,375 square foot, two-story, retail office building along with associated landscaping and parking, located at University Drive between McNab Road and N.W. 64t' Street, specifically Parcel "A" & "B" of the "Regina Subdivision Plat", according to the Plat thereof as recorded in Plat Book 141, Page 23 of the Public Records of Broward County, Florida; 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 authorize the appropriate City Officials to accept and execute a Blanket Public Safety ' Temp Reso #11148 — February 28, 2007 Page 3 Ingress/Egress easement (a copy of which is attached hereto as Exhibit "2") with Mural Development LLC., located on University Drive between McNab Road and N.W. 64`^ Street to provide proper access to the property for municipal services such as utility, canal, fire and police protection, emergency and other public safety services; authorizing and directing the City Clerk to record said document in the Public Records of Broward County, Florida. 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. K91ION 2: That the application of the New Development Site Plan for Mural Plaza to allow the construction of a 37,375 square foot, two-story, retail office building, along with associated landscaping and a parking, located on University Drive between McNab Road and N.W. 60 Street specifically Parcel "A" & "B" of the "Regina Subdivision Plat", according to the Plat thereof as recorded, in Plat Hook 141, Page 23 of the Public Records of Broward County, Florida; is HEREBYAPPROVED 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. Tamp Reso #11148 — February 28, 2007 Page 4 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 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. D. Broward County Impact Fees must be paid prior to issuance of a Building Permit, E. Local Traffic Impact Fees in the amount of $29,680.57 is due per Section 10- 290(c) of the City's Land Development Code prior to issuance of a Building Permit. F. Streetscape improvement Fees in the amount of $2,000.00 is due per Section 10-313(b) of the City's Land Development Code prior to issuance of . a Building Permit. SECTION 3: That the appropriate City Officials are hereby authorized to accept and, execute the Blanket Public Safety Ingress -Egress Easement (attached hereto as Exhibit "2") with Mural Development LLC, for the Mural Plaza Project located on the east side of University Drive between NW 64t' Street and McNab Road. SECTION 4: That the City Clerk Is hereby authorized and directed to record said agreement in the public records of Broward County, Florida. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 Temp Rasa #11146 — February 28, 2007 Page 5 SECTION 6: 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 in application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon Its adoption. PASSED, ADOPTED AND APPROVED this ) L 4h day of Mom , 2007. BETH FLANSRAUM TALABiSCO MAYOR ATTEST: (/&4RECORD OF COMMISSION VOTE: 1, MARION SW NSON, CMC MAYOR FLANSBAUM-TALABISCO CITY CLERK DIST 1: V/M hORTNER GIST 2: COMM ATKINS-GRAD DIST 3: COMM, SULTANOF DIST 4: COMM. DRESSLER I HERESY CERTIFY that I have approved this RESOLUTION as to form. 3�1a%D7. AMUEL S. EN CITY ATTO EY