HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-1341
Temp Reso #11225
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June 12, 2007
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2007-143
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, ISSUING
DEVELOPMENT ORDER NO. 305.1 AND
GRANTING MAJOR REVISED SITE PLAN
APPROVAL FOR WALGREENS PHARMACY TO
ALLOW FOR THE CONSTRUCTION OF A 14,820
SQUARE FOOT WALGREENS PHARMACY
WITH A DOUBLE LANE DRIVE-THRU, ALONG
WITH A PARKING WAIVER TO REDUCE THE
NUMBER OF REQUIRED PARKING SPACES
FROM SEVENTY-FIVE (75) TO FIFTY-ONE (51)
AND TO ALLOW 33 PARKING SPACES AT 9' BY
18' WITH ASSOCIATED LANDSCAPING, AND
INFRASTRUCTURE IMPROVEMENTS FOR A
PARCEL OF LAND LOCATED AT THE
SOUTHEAST CORNER OF COMMERCIAL
BOULEVARD AND STATE ROAD 7/US 441, AND
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO ACCEPT AND EXECUTE A
BLANKET PUBLIC SAFETY INGRESS/EGRESS
EASEMENT (HERETO ATTACHED AS EXHIBIT
"1 ") WITH FPIP XIV, LLC FOR THE WALGREENS
PHARMACY PROJECT, AUTHORIZING AND
DIRECTING THE CITY CLERK TO RECORD
SAID AGREEMENT IN THE PUBLIC RECORDS
OF BROWARD COUNTY, FLORIDA (CASE NO.
15-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
Development Order and Major Revised Site Plan for development approval; and
Temp Reso #11225
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June 12, 2007
WHEREAS, the City Commission has examined the application, the staff and
Planning Board recommendations, and the Development Review Status Sheet dated June
8, 2007 (attached hereto as Exhibit "2"); and
WHEREAS, the Planning Board at its meeting of June 6, 2007 recommended
approval of this Major Revised Site Plan along with a Parking Waiver; and
WHEREAS, the Director of Community Development recommends approval; and
WHEREAS, the City Commission reviewed this Revised 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 Revised
Development Order No. 305.1 and grant Major Revised Site Plan approval to allow for the
construction of a 14,820 square foot Walgreens Pharmacy with a double lane drive-thru
along with a Parking Waiver reducing the number of required parking spaces from seventy-
five (75) spaces to fifty-one (51) spaces and to allow 33 parking spaces at 9' by 18' along
with associated landscaping, and infrastructure improvements for a parcel of land located
at the southeast corner of Commercial Boulevard and State Road VUS 441; and
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Temp Reso #11225
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June 12, 2007
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 ingress/egress
easement (hereto attached as Exhibit "1 ") with FPIP XIV, LLC forthe Walgreens Pharmacy
project located at the southeast corner of Commercial Boulevard and State Road 7/US 441
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 Major Revised Site Plan to allow for
the construction of a 14,820 square foot Walgreens Pharmacy with a double lane drive-thru
along with a Parking Waiver reducing the number of required parking spaces from seventy-
five (75) spaces to fifty-one (51) spaces and to allow 33 parking spaces at 9' by 18', along
with associated landscaping, and infrastructure improvements for the Walgreen's
Pharmacy located on a parcel of land at the southeast corner of Commercial Boulevard; is
HEREBY APPROVED subject to the following conditions:
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C.
D.
E.
F.
Temp Reso #11225
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June 12, 2007
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.
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.
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.
Broward County Impact Fees must be paid prior to issuance of a Building
Permit.
Local Traffic Impact Fees have been satisfied per Section 10-290(c) of the
City's Land Development Code.
Streetscape Improvement Fees in the amount of $400.00 is due per Section
10-313(b) of the City's Land Development Code prior to issuance of a
Building Permit.
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Temp Reso #11225
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June 12, 2007
SECTION 3: That the appropriate City Officials are hereby authorized to
accept and execute a blanket public safety ingress/egress easement (hereto attached as
Exhibit "1") with FPIP XIV, LLC for the Walgreens Pharmacy Project located at the
southeast corner of Commercial Boulevard and State Road 7/US 441.
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.
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
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
SAM EL S. GOREN
CITY ATTORNEY
Temp Reso #11225
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June 12, 2007
Q,R day of 4� , 2007.
"W" W.ro � r&
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALASISCO_
DIST 1: COMM. PORTNER
DIST 2: COMM. ATKINS-GRAD _
DIST 3: V/M SULTANOF
DIST 4: COMM. DRESSLER J
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TAMARAC UTILITIES
BLANKET PUBLIC SAFETY
INGRESS/EGRESS EASEMENT
PROJECT: Walgreens P,-tailii •harmacx
(NAME OF PROJECT)
This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this
9 day of -,Nov.,2(b6 by FP1P XIV LLc having an address of
W1 E. Las Olas Blvd., Suite 1000
Fort Lauderdale, FL 33301 " (the "Grantor"), and the City of Tamarac, a Florida municipal
corporation having an .address at 7525 Northwest 88t" 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.
981208 1 Blanket Public Safety IngreWEgress Easement
It is acknowledged - that Grantor, or its successors, intends to construct
a Walgreen Pharmacy 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
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easement created hereby shall be subject to such improvements as are constructed
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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
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IN WITNESS WHEREOF, Grantor has hereu
year first above written.
Witness
c
Type Name
IL Li;
Witn ss
Type Named
STATE OF FLORIDA
SS
COUNTY OF Broward
is hand and seal on the day and
(GPqNNT1M FPIP XIVr LLC
Type NameTTitle Richard J. Magner, Jr.
Project Manager/Senior Vice President
Type Name/Title
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid and in the County aforesaid to take acknowledgments, personally
appeared Richard J. Magner, Jr. to me known to be the person(s)
described in and who executed the foregoing instrument and ,he acknowledged
before me and under oath that he executed the same.
WITNESS my hand and official seal this 9 day of November ,
2006 .
Mary Kleff"
Mr CWniUw o0185887 NOTARY OX16LIC, Statofif Florida
+ „ EIcpR"Febnwy20.2D0? at Large
Mary Klemyk
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
(Personally known to me, or
( ) Produced Identification
Type of I.D. Produced
( ) DID take an oath, or ( DID NOT take an oath.
981208 3 Blanket Public safety Ingress/Egress Easement
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
ATTEST:
BY
Marion Swenson, CIVIC
City Clerk
STATE OF FLORIDA
( ) DID take an oath, or
IN WITNESS WHEREOF,
and year first above written.
ACCEPTED BY CITY OF TAMARAC
GRANTEE
rr c
By: G/r
46)
Jeffrey CMiller
City Manager
Date: %
Approved as o form:
By:
Samuel S. Goren,
: SS City Attorney
COUNTY OF &Wj :
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
of resaid and in the County aforesaid to take acknowledgments, personally appeared
to me known t be the person(s) described in and
who exe uted the foregoing instrument and _ acknowledged before me and
under oath that 0 _ executed the same.
WITNESS my hand and official seal this A;�o day of
Personally known to me, or
Produced identification
Type of I. D.
} DID NOT take an oath
h
1.
NOTARY PUBLIC, State of Vorida
at Large NOTARY PUBUC.STATZOFF pRIDA
Patricia A. Teufel
Commission # DD6S4007
%Z.V Expires; AUG. 2S, 2011
BONDED TH&U ATLWnC BONDING CO__ nvr.
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Produced
Mortgagee has hereunto set his hand and seal on the day
981208 4 Blanket Public Safety Ingress/Egress Easement
No Text
EXHIBIT "2"
TEMP RESO #11225
CITY OF TAMARAC
7525 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321
TELEPHONE (954) 597-3530
DEVELOPMENT REVIEW STATUS SHEET
Date: June 12, 2007
Orig. Dev. Order: 305.1
Revised Dev. Order: N/A
Project: Walgreen's Pharmacy
Master File: 25-80
Location: SEC of West Commercial Boulevard & SR 7/US 441
Developer: Florida Property Investment Partners, Inc.
Owner: FPIP XIV, LLC.
Zoning: B-3
Future Land Use Designation: Commercial
Acres: 1.73 acres, more or less
Recommended Date for Commission Action: June 27, 2007
1. DEVELOPMENT ORDER FOR: MAJOR REVISED SITE PLAN APPROVAL
Comments: Subject to Findings.
2. PLANNING BOARD RECOMMENDATION: APPROVAL
Date of Action: June 6, 2007
Planning Board findings of compliance with certified Plan: Yes
3. FINAL ENGINEERING DRAWINGS:
On file in the City Engineer's Office
4. LANDSCAPE PLAN: May 7, 2007
S. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: NIA
EXHIBIT "2"
TEMP RESO #11225
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: NIA
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 Fee Amount: N/A
H. Public Works Engineering Fees
Utility Engineering Fees
I. Bonds (Utilities, Public Works)
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
K. Local Traffic Impact Fees:
Fee Amount: N/A
Fee Amount: Have been satisfied
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8.
EXHIBIT 6'2"
TEMP RESO #11225
DEVELOPMENT REVIEW REQUIREMENTS
A. Potable Water Service
Certification of Utilities Engineer or Consulting Engineer of Availability
Service:
AVAILABLE X WILL BE AVAILABLE NOTAVAILABLE
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
F. Local Streets and Roads
Compliance with Minimum Standards:
COMPLIES X WILL COMPLY
G. Police Protection Service
Compliance with Minimum Standards:
COMPLIES WILL COMPLY X
H. Local Parks (Parks and Recreation Facilities)
I. School Sites: N/A
PROCESSING FEES (PAID)
Major Revised Site Plan $3,000.00
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DOES NOT COMPLY
DOES NOT COMPLY
DOES NOT COMPLY
N/A
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