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 . Florida 0]32 1-2 10
I 41ophona (9 5 4) 5 9 7131, 3 0