HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-028Temp Reso #11148 — February 28, 2007
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2007-_2,&
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 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
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. 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
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Ingress/Egress Easement (a copy of which is attached hereto as Exhibit "21 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.
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. 64"' 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 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 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 64th 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.
Temp Reso #11148 — February 28, 2007
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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 14�h day of Morch , 2007.
BETH FLANSBAUM TALABISCO
MAYOR
ATTEST:
6�RECORD OF COMMISSION VOTE:
MARION SWENSON, CMC• MAYOR FLANSBAUM-TALABISCO
CITY CLERK DIST 1: V/M PORTNER
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER A,i P
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
3))3Ja7.
AMUEL S. GPPEN
CITY ATTO EY
EXHIBIT "1"
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. 64t" 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 Plan: Yes
3. FINAL ENGINEERING DRAWINGS:
On file in the City Engineer's Office
4. LANDSCAPE PLAN: December 14, 2006
5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A
1
EXHIBIT "1"
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
H. Public Works Engineering Fees
Utility Engineering Fees
I. Bonds (Utilities, Public Works)
Fee Amount: N/A
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:
4
Fee Amount: N/A
Fee Amount: $29, 680.57
EXHIBIT "117
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
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
I:I
8
Local Parks (Parks and Recreation Facilities)
School Sites: N/A
PROCESSING FEES (PAID)
New Development Site Plan
DOES NOT COMPLY
DOES NOT COMPLY
DOES NOT COMPLY
N/A
$3,000.00
3
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 Sept "�006 by
2000 Island Blvd.
N.Miami,FL 33160
Mural Development LLC
having an address of
(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.
981208
1 Blanket Public Safety Ingress/Egress Easement
V_
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
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first abov i en.
Type Name Lawr Kramer
Witness
Type Name
STATE OF FLORIDA
: SS
COUNTY OF JOAVOW
(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 AU41y ezoYc / to me know to 'be the person(s)
described in and who executed th foregoing instrument and acknowledged
before me and under oath that Ad executed the same.
WITNESS my hand and official seal this ZL-day of S de4-
204
Personally known to me, or
"( ) Produced Identification
(Name of N��►:
or type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
981208 3 Blanket Public Safety Ingress/Egress Easement
ATTEST:
By:
Type Name _ wj ' N,AkD "70-wTi2&
loq,lSeseta
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF - d C:
Mellor) U,,,
MORTGAGEE �j�
By:O/� �
P 64��6
Type Name
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State a resaid and in the County aforesaid to take acknowledgments, personally
appeared JUMS tip. DQc.lQLfto 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 25 day of
200�- .
�� wu�r
MY COMMISSION # M 4198M
r EXPIRES: June 12, 2009
„ ftMTIVUNo*yPd cundMwN�n
( personally known to me, or
( ) Produced Identification
NO WP—BLIC,State of Florida
at Large
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( -f'D'ID NOT take an oath.
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
981208
5 Blanket Public Safety Ingress/Egress Easement
MURAL PLAZA
CASE NO. 7=SP-06 TEMP RESO #11148
Commerical Boulevard
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Site
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300 0 300 Feet
CITY COMMISSION
March 14, 2007
New Site Plan
01
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City of Tamarac
Jennifer Bramley
Director
Community Development Department
7525 N.W. 88th Ave. Tamarac. Florida 33321.2401
Telephone: (954) 597-3530
DESIGNATION OF AGENT 1L�C'�I°;I�r11 DEWEI_OPMEN!.
FOR QUASI-JUDICIAL PROCEEDINGS ' ' R T1' E I`I r
DATE: 06 MiA °' 15 PM 12: 15
CASE NO.: 7 —
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 , WILL ATTEND THE QUASI-JUDICIAL
(insert name of Agent)
HEARING TO BE HELD IN MY ABSENCE. IN ADDITION,
HAS MY PERMISSION TO ACT AS MY AGENT IN
ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO
Parcels A & B of Regina Subdivision
(Address of subject property)
THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL
HEARING.
SIGNATURE OF OWNER: I NAME/.RI D PHONE NO.
OF'`DESYE GENT:
Al an Ciftci c Amer
(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 acknowledged bef re me this day of
o
�% ! , 200A, by e! owner of property, who is
ersonally known me or has produced identification and
(type of identification)
-
a rn ��-�
who /did�t#take an th. E ti�jir+" CMhls P. ZIMMEt7 AN
Cammissivn
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Expires 3/29/2doB �
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ar u c State of Florida _ !� ?54) Florida Notary Assn.
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My Commission Expires:
(Type or print name of Notary)