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HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-076Temp Reso # 11391 May 19, 2008 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2008-76 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, REQUESTED BY SOUTH EAST ARCHITECT SERVICES, INC. (LAWRENCE KRAMER), APPLICANT (CASE NO. 4-SP-08); 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 0 ) year for final Site Plan approval for Mural Plaza requested by South East Architect Services, Inc. (Lawrence Kramer), Applicant. Temp Reso # 11391 May 19, 2008 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 park 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: 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") 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. 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 Temp Reso # 11391 May 19, 2008 Page 3 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: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this day of , 2008. BET FLANSBAUM-TALA ISC MAYOR ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. I W"AF- & 7 : .._ RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM PORTNER , DIST 2: COMM ATKINS-GRAD DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER Exhibit 111" Temp Reso #11148 — February 28, 2007 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007-_J—& 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/EGRESS 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" & "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' SEVERASILITY; AND PROVIDING FOR AN EFFECTIVE DATIw. 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 SiW Flan for development approval; and 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 I "); 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. 640' 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`h 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. SECTION 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. 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; 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. Temp 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 64" 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. E Temp Reso #11148 — 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 j L�h day of moMh , 2007. BETH FLANSBAUM TALABISCO MAYOR ATTEST: �6 ""RECORD OF COMMISSION VOTE: WRICgN SWENSON, CMC MAYOR FLANSBAUM-TALABISCO CITY CLERK DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSIER I HEREBY CERTIFY that I have approved this RESOLUTION as to form. A, lb-A/0-7, AMUEL S. G EN CITY ATTO EY TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: Mural Plaza (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this day of SeP!�006 by Mural Development LLC having an address of 2000 Tsland Blvd. N.Miami,FL 33160 (the "Grantor"), and the City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest 88th Avenue, Tamarac, Florida 33321 (the Grantee"). WITNESSETH WHEREAS, Grantor is the fee simple owner of the real property described on Exhibit "A", attached hereto (the "Property"); and WHEREAS, Grantor desires to Create a non-exclusive easement in favor of Grantee for ingress and egress over the property, as indicated on Exhibit "A", upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the sum of ten Dollar ($10.00) paid to Grantor, the receipt and adequacy of which is hereby acknowledged, and for other good and valuable considerations, Grantor does hereby create, establish and grant this Blanket Ingress and Egress Easement to Grantee for the specific purpose of access by Grantee, for Grantee to provide municipal services to the above -described property such as services to existing utilities, maintenance to existing canals, fire protection, police protection, emergency and other public safety services. 951208 1 Blanket Public Safety Ingress/Egress Easement It is acknowledged that Grantor, or its successors, intends to construct Mural plaza and other improvements upon the above -described property, and nothing contained herein shall be deemed to prohibit or restrict Grantor or its successors from constructing any buildings or improvements upon the property, subject to the requirements of Grantee or any other controlling governmental authority, and upon the construction of any building and improvements upon such property, the easement created hereby shall be subject to such improvements as are constructed and shall be used by Grantee in a manner which is consistent with the buildings and improvements constructed upon the property and which, to the extent possible, will minimize interference with and will be compatible with the construction and use of said buildings and improvements. The provisions of this easement shall be binding on the parties hereto and the respective successors and assigns as a covenant running with and binding upon the servient estate. This easement shall not be released or altered without consent of the Grantee. 981208 2 Blanket Public Safety Ingress/Egress Easement 0 a IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first abov t en. Type Name Lawr Kramer Witness Type Name STATE OF FLORIDA SS COUNTY OF (GRANTOR) Type Name/Title Managing Partner Mural Development LLC I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the Cqunty aforesaid to take acknowledgments, personally appeared 4U41V Czer6 / _ to me know to 'be the person(s) described in and who executed th foregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this Z day of S 6.. 20-00 -1VP Personally known to me, or "( ) Produced Identification M (Name of tJv ' + +�"�i►'»: + np, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 9B1208 3 Blanket Public Safety Ingress/Egress Easement ATTEST: By: Z2�7-71� Type Name_ _6] r: �40�•✓�fr�LA�irC/911"�lTild+/7' (Corporate Seal) STATE OF FLORIDA : SS COUNTY OF b-: MORTGAGEE �n By: Type Name vls --f�g'4 tr T-1 I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State ooresaid and in the County aforesaid to take acknowledgments, personally appeared JaMs P-boC.KC'ti to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this 2,5 day of Sena 200� . NANCYFRANCO MY COMMMION 1 DD 41M EXPIRES: An 12, 2009 oWm4 a Thu Nowwy Puhr uoanwftr ( personally known to me, or ( ) Produced Identification NO AR P BLIC, State of Florida at Large NomCU - i a yt. 'c _. (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( -roD NOT take an oath. AFFIDAVIT SHALL SE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT AE L_I CABLE 981208 5 Blanket Public safety Ingress/Egress Easement DESIGNATION OF AGENT 0t",I`IP0TY QEVEI.OPMENi FOR QUASI-JUDICIAL PROCEEDINGS DF P�,,(s7"°EfdT DATE: 06 15 PM 12: 15 CASE NO.: 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. Lawrence Kramer (insert name of Agent) HEARING TO BE WILL ATTEND THE QUASI-JUDICIAL HELD IN MY ABSENCE. HAS MY PERMISSION TO ACT ALL MATTERS RELATING TO ANY PROCEEDING Parcels A & B of Regina Subdivision (Address of subject property) IN ADDITION, AS MY AGENT IN S RELATED TO THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATURE OF OWNER: I NAME/AD-P RE- S D PHONE NO. Q -D r' f E GENT: Al an Ciftci r (Print Name of Owner) (Print Name of Designated Agent) 4316 W. Broward Blvd. Plantation, FL 33317 Phone: Fax: STATE OF FLORIDA: COUNTY OF BROWARD: The foregoing instrument was acknowledgedbeeqf/re me this �_ day of Q` Q :r 200, by L—!�"iC{, owner of property, who is ersonally known me or has produced identification and (type of identification) Ln ..a r,i r..... ; ",;;ry....................... M R M. who 4 /did take an th. �,µr, CMrls P, ZI Commission 0 D D0103ld7 m r- � ever" 3129=06 t c;n 3 Bonder! Vor%gh 3 ar Pu c State of Florida �-- (U00.132a254)��Florida NotaryAsan., Inc ....... ....... C7 M I.... ...............: My Commission Expires: `.�_ (Type or print name of Notary) MURAL PLAZA CASE NO. 7-SP-06 TEMP RESO #11148 West McNab Road B 3 a� B-2 Site - a� B-6 \ S-1 B-1 r r i B-2 N. S-1 R-4A N 300 0 300 Feet CITY COMMISSION �.a R �- City of Tamarac March 14, 2007 New Site Plan Jennifer Bramley Uir ecIor CvmmunityDeveloVmenlDepailmenl 7525 N.W. 881h Ave . Tamarac . Florida 33321.2101 Telephone1(954)507-3530 Exhibit "2" TEMP RESO #11148 CITY OF TAMARAC 7525 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (954) 597-3530 DEVELOPMENT REVIEW STATUS SHEET Date; March 14, 2007 Orig, Dev, Order: 339 Revised Dev. Order: N/A Project: Mural Plaza Master File: 04-87 Location: East side of University Drive between N.W. 64`h Street and McNab Road Developer; Mural Development LLC Owner: Mural Development LLC Zoning: B-1 Future Land Use Designation: Commercial Acres: 4,16 acres, more or less Recommended Date for Commission Action: March 14, 2007 1. DEVELOPMENT ORDER FOR: NEW DEVELOPMENT SITE PLAN APPROVAL Comments: Subject to Findings. 2. PLANNING BOARD RECOMMENDATION: APPROVAL Date of Action: February 21, 2007 Planning Board findings of compliance with certified flan: Yes 3. FINAL ENGINEERING DRAWINGS: Can lile in the City Fngincer's Office 4, LANDSCAPE PLAN: DecerfiUer 14, 2006 5, BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A TEMP RESO #11148 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 K Public Works Engineering Fees Utility Engineering Fees I, Bonds (Utilities, Public Works) Fee Amount: NIA Fee Amount: To be determined Fee Amount: Determined by certified Cost Estimates. 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: $29, 680.57 2 TEMP RESO #11148 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) New Development Site Plan $3,000.00 K3 MURAL PLAZA CASE NO, 4-SP-08 TEMP RESO # 11391 West McNab Road ABI C11-1y CONINIIISSION MAY 28,2008 Site Plan Extension B-2 Site City of Tarnarac jonnifer 0i -midy Director Comffjunjly ()ayqIopmqnj DepirtnienI 7525 N.W. 88th AVC 7Bmj)r8c . 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