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HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-054Temp Reso #11166 — April 25, 2007 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007-� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ISSUING REVISED DEVELOPMENT ORDER NO. 315.15 AND GRANTING NEW DEVELOPMENT SITE PLAN APPROVAL FOR WEST POINT PLAZA RETAIL CENTER TO ALLOW THE CONSTRUCTION OF A 17,678 SQUARE FOOT RETAIL AND FOOD SERVICE PLAZA ALONG WITH ASSOCIATED LANDSCAPING AND PARKING, LOCATED ON THE NORTH SIDE OF COMMERCIAL BOULEVARD APPROXIMATELY 420 FEET WEST OF NOB HILL ROAD, AND IMMEDIATELY EAST OF HIATUS ROAD, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 162 PAGE 23 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT WITH WEST POINT BUSINESS PARK II, LTD FOR THE WEST POINT PLAZA RETAIL CENTER PROJECT; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID AGREEMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (CASE NO.3-SP-07); 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 #11166 — April 25, 2007 Page 2 WHEREAS, the City Commission has examined the application, the staff and Planning Board recommendations, and the Development Review Status Sheet dated April 25, 2007 (attached hereto as Exhibit I"); and WHEREAS, the Director of Community Development recommends approval; and WHEREAS, the Planning Board recommended approval on April 4, 2007; 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. 316.15 and grant New Development Site Plan approval for "West Point Plaza Retail Center" to allow the construction of a 17,678 square foot retail and food service plaza along with associated landscaping and parking, located on the north side of Commercial Boulevard approximately 420 feet west of Nob Hill Road, and immediately east of Hiatus Road, according to the plat thereof as recorded in Plat Book 162 Page 23 of the public records of Broward County, Florida; and 1 r_ Temp Reso #11166 — April 25, 2007 Page 3 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 (a copy of which is attached hereto as Exhibit "2") with West Point Business Park II, LTD for the West Point Plaza Retail Center Project, located on the north side of Commercial Boulevard, approximately 420 feet west of Nob Hill Road, and immediately east of Hiatus Road, 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 West Point Plaza Retail Center to allow the construction of a 17,678 square foot retail and Temp Reso #11166 — April 25, 2007 Page 4 food service plaza along with associated landscaping and parking, located on the north side of Commercial Boulevard approximately 420 feet west of Nob Hill Road, and immediately east of Hiatus Road, according to the plat thereof as recorded in Plat Book 162 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. 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 have been waived by the City Commission pursuant to Ordinance No. 0-2000-14. F. Streetscape Improvement Fees have been waived by the City Commission pursuant to Ordinance No. 0-2000-14. 1 1 Temp Reso #11166 — April 26, 2007 Page 5 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 West Point Plaza Retail Center Project located on the north side of Commercial Boulevard, approximately 420 feet west of Nob Hill Road, and immediately east of Hiatus 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. 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. Temp Reso #11166 — April 25, 2007 Page 6 PASSED, ADOPTED AND APPROVED this pS4h day of Apr 1 ( , 2007. ATTEST: _b� MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. kMUEL S. G REN CITY ATTORNEY 411� RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM. PORTNER Ad P DIST 2: COMM. ATKINS-GRAD DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER 1 EXHIBIT 66 1" TEMP RESO #11166 CITY OF TAMARAC 7525 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (954) 597-3530 DEVELOPMENT REVIEW STATUS SHEET Date: April 25, 2007 Orig. Dev. Order: 315.15 Revised Dev. Order: N/A Project: West Point Plaza Retail Center Master File: 01-00 Location: North side of Commercial Boulevard, approximately 420 feet west of Nob Hill Road, and immediately east of Hiatus Road Developer: Butters Development Owner: Butters Development Zoning: B-3 Future Land Use Designation: Commercial Acres: 3.33 acres, more or less Recommended Date for Commission Action: April 25, 2007 1. DEVELOPMENT ORDER FOR: NEW DEVELOPMENT SITE PLAN APPROVAL Comments: Subject to Findings. 2. PLANNING BOARD RECOMMENDATION: APPROVAL Date of Action: April 4, 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 19, 2006 5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A 1 EXHIBIT 49 1" TEMP RESO #11166 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 Fee Amount: N/A K. Local Traffic Impact Fees: Fee Amount: Waived K EXHIBIT 46 1" TEMP RESO #11166 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 H. Local Parks (Parks and Recreation Facilities) School Sites: N/A 8. PROCESSING FEES (PAID) New Development Site Plan DOES NOT COMPLY DOES NOT COMPLY DOES NOT COMPLY $3,000.00 3 TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: Ir'V71 L (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this 16 day of �z ruA , 200-1, by ��� 5 Po,.u� %�Ju s,.� „s $ Lle IF, Z_ a -- e-S S , having an address of CM Ls -T _4 Ct2cle 5,.,Ye Ino . (ocanutC ree.K 35'_)l3 , (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 One Dollar ($1.00) 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 It is acknowledged that Grantor, or its successors, intends to construct a Retail Buildin 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 vPar first ahnve written /�'� 6 Witness Type Name Za ` +�1 D Uc/ Witness Type Name lam( STATE OF FLORIDA SS COUNTY OF -I 190uJAN-`�, (GRANTOR) Type Name/Title Type Name/Title nt usiness I/"D 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 44 A-z Cv c& t3Lt. 7-F&X S to me known to be the person(s) described in and who executed the foregoing instrument and 4--�5 acknowledged before me and under oath that tt25' executed the same. WITNESS my hand and official seal this If day of 200 7 . ( ") Personally known to me, or ( ) Produced Identification ( ✓ ) DID take and oath, or ( NOTA UBLIC, State of Florida La rge S i .tic o.) &' e-74-� •J (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ) 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, 6MC f City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: Jeffrey L. ler City Manager Date: 30 ©-1 Approvep as to form: By: --7 XA*/)AjA,, 0-*7, Samuel S. dorenf City Attorney COUNTY OF 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 . Mfe.14 I.. - ID� t � j3nj' to me known to be the person(s) described in and who executed the ff reg oing instrument and hC acknowledged before me and under oath that executed the same. VIR WITNESS my hand and official seal this 1 `- day of , zoo. (personally known to me, or ( ) Produced identification d � An h rv-) NOTARY PUBLIC, Stati of Florida at Large ,,salon sworn M,, cow^ 63N.- 4� '� FXOM October 24. 2W a (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. t11.1 IN 4 Blanket Public Safety Ingress/Egress Easement IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Business (GRANTOR) Pa ' LT By: By: Type Na4z �K « �'�"� 7�xu S Type Name Corporate Secretary President (Corporate Seal) STATE OF FLORIDA : SS COUNTY OF ot-OA ``''• 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 M'k L0- 0L'/'X 6,4 , -rau s to me known to be the person(s) described in and who executed the for oing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this t f'day of 200 `C-3 . � aa20�9Fs ••°°` :'�'= Cat O LIC State of Florida �� fib• •. �+a o .•• ����_ its Large S er w-e j xJ (personally known to me, or ( ) Produced Identification (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( DID take an oath, or ( ) DID NOT take an oath. 981208 Blanket Public Safety Ingress/Egress Easement AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, __ 111Ak&, p do hereby affirm that I am the /`'1Z3 S. Of _ W0. i Po, - t4u_S„Jr5s A4-d1C U r z T- _ and that I have executed a Blank t Public Safety Ingress/Egress Easement with the City of Tamarac for 6Je5+0DiATJ?q;bit project and that I am the owner of the property covered by said Blanket Public Safety Ingress/Egress Easement. There are no mortgages held on the property, which is the subject of said Blanket Public Safety Ingress/Egress Easement. FURTHER AFF (Sigl This 11�1i day of STATE OF FLORIDA COUNTY OF ��v�a.•� : SS 're) YETLI NOT. , 2oo-i . 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 H Az e o,-, r f IrT-Ttle s to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that 1 executed the same. WITNES �ns qQd and official seal this L%ay of 6�Xadx , 200 _ �y5 ?009/ ;n°'ter NO ARY PU , ate of Florida at Ll�ge oil S t ,It >,&) 6—e'' t u b •J (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 Blanket Public Safety Ingress/Egress Easement -xi)Ib,t —P " I I�AII 21 I 1 HIATUS ROAD t 'r r A 1 �► i L i �. �. U U 1 ! i g al 4 Tn.e.: • 1 ' 44 I L I h jig C L Z 1, It !� II et L i It r itlr ' irllll�r rrr■ r r r r r r r ,rrr r r r 1 i ' 11 liesi t1 1r11� � j �tii�l tt I N, p��IDii!I !� 1 iIrlli �Iji �;� Ilj ;1 '" i 11 1 ��'I�w�r1i' " 1 �r rri i" r 1 rtl �1 r � "� �. ri"I .r r � �r 1A 1 A 1 � 1 � rl r • .i� 1 � r I .. � ." A trr� 1.� �� illj LIr .t r JI 1 �� ... • . � i, t ,� � ,�° M^,°"" I !glDID ,, ,1■rl . � 1 "' 1• �� 111 1 t 1 rl r M 1! 1 t li I�II,�■���!; HIlll r 1 Ilelii'I It I Mr��1 �111"t�r� r v4v BOUNDARY AND TOPOGRAPHIC •URV9V rR` Mn MMMWM DAN w . 1A I A PORTION OF TRACT D iar SIMMgASPLANNI S n =P to A MW I= , WuTpogwr s1C.71DR 7. P.m. 10:. PO. =1 B.C.R. Id am T ~ 4101001-m DROWARD COUNTY, FLORIDA tm M. CM■ tRM KWAI M RAW 73M W ESTPO I NT PLAZA RETAIL CENTER a CASE NO. 3-SP-07 - TEMP RESO #11166 ----------- U-1 --------- - -- B-3 B-3 0 cy- 0 Site A z B-3 B-3 B-3 Commer i"4yad. C 100 0 100 Feet N CITY COMMISSION City of Tamarac APRIL 25, 2007 Jennifer Bramley Director NEW DEVELOPMENT SITE PLAN Community Development Department 7525 N.W. 88th Ave. Tamarac . Florida 3.3321-2401 Telephone: (954) 597-3530 (.:' D'M. C i P i i i1: 4 3 DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEEDINGS DATE: CASE NO.: •_ S ego- _a 7 T 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-,IUCIDIAL HEARING AND THE MATTER MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY. Jeffrey A. Evans, AICP , WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING TO BE HELD IN MY ABSENCE. IN ADDITION, Ken Carlson HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO West Point Plaza (Address of subject property) THIS FORM MU,�T BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. � 1 NAME/ADDRESS AND PHONE NO. OF DESIGNATED AGENT: Jeffrey_ A. Evans, AICP Broad and Cassel (Print Name of O ner) (Print Name of Designated Agent) Jeffrey A. Evans, AICP 7777 Glades Road, Suite 300, Boca Raton, FL 33434 Phone: 561-218--8854 Fax:561--218-8973 STATE OF FLORIDA- COUNTY OF BROWARD: The foregoing instrument was acknowledged before me this ? QL day of 200.�, by'M kC L! owner of property, who is personally known to me or has produced identification (type of identification) who did/did not) take an oath. �] Notary Public. State of Florida My Commission Expires: (Type or print name of Notary) KAREN SEYMOUR-FLETt' My COMMISSION N DD 346981 y • a = EXPIRES: September 23, 2008 Sondad 7hru Notary Public Un dervrtitars