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Home My WebLink AboutCity of Tamarac Resolution R-2006-151Temp Reso #11006 — July 19, 2006 Revision No. 1 —August 10, 2006 Revision No. 2 — August 22, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006--LSL A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ISSUING DEVELOPMENT ORDER NO. 337 AND GRANTING NEW DEVELOPMENT SITE PLAN APPROVAL TO ALLOW THE CONSTRUCTION OF ONE -HUNDRED TWENTY (120) RESIDENTIAL UNITS (80 TWO -BEDROOM; 40 THREE -BEDROOM) AND APPROXIMATELY 53,892 SQUARE FEET OF RETAIL SHOPS AND RESTAURANTS, ALONG WITH ASSOCIATED PARKING, LANDSCAPING AND INFRASTRUCTURE IMPROVEMENTS FOR THE MAIN STREET VILLAGE PROJECT LOCATED AT 9201-9301 WEST COMMERCIAL BOULEVARD AND 9200-9300 NW 57T" STREET, AND A PARKING WAIVER TO REDUCE THE REQUIRED PARKING STALL DIMENSIONS FROM 10 FEET BY 18 FEET TO 9 FEET BY 18 FEET, AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT WITH B. COMMERCIAL, INC. FOR THE MAIN STREET VILLAGE PROJECT, LOCATED BETWEEN NW 91 ST AVENUE AND NW 94T" AVENUE, NORTH OF COMMERCIAL BOULEVARD AND SOUTH OF NW 57T" STREET, SPECIFICALLY LOTS 2, 3, 4, 5, 6, 7 8 AND 9 OF THE "LYONS COMMERCIAL SUBDIVISION UNIT NO. 2", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 69, PAGE 43 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LESS THE SOUTH 7 FEET THEREOF; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID AGREEMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (CASE NO. 5-SP-06); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND Temp Reso #11006 — July 19, 2006 Revision No. 1 — August 10, 2006 Revision No. 2 — August 22, 2006 Page 2 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 New Development Site Plan for development approval; and WHEREAS, the City Commission has examined the application, the staff and Planning Board recommendations, and the Development Review Status Sheet dated July 19, 2006 (attached hereto as Exhibit "1 "); and WHEREAS, the Planning Board recommended approval on June 21, 2006; and WHEREAS, the Director of Community Development recommends approval; 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. 337 and grant New Development Site Plan approval to allow the construction of one -hundred twenty (120) residential units (80 two -bedroom; 40 three -bedroom) and approximately 53,892 square feet of retail shops and restaurants, along with associated Temp Reso #11006 -- July 19, 2006 Revision No. 1 — August 10, 2006 Revision No. 2 — August 22, 2006 Page 3 parking, landscaping and infrastructure improvements for the Main Street Village project located at 9201-9301 West Commercial Boulevard and 9200-9300 NW 57t" Street, and a Parking Waiver to reduce the required parking stall dimensions from 10 feet by 18 feet to 9 feet by 18 feet, located between NW 915t Avenue and NW 94t" Avenue, north of Commercial Boulevard and south of NW 57t" Street, specifically Lots 2, 3, 4, 5, 6, 7, 8 and 9 of the "Lyons Commercial Subdivision Unit No. 2", according to the Plat thereof as recorded in Plat Book 69, Page 43 of the Public Records of Broward County, Florida, less the south 7 feet thereof; 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 Ingress/Egress Easement (a copy of which is attached hereto as Exhibit "2") with B. Commercial, Inc., for the Main Street Village Project located between NW 91' Avenue and NW 941" Avenue, north of Commercial Boulevard and south of NW 57' 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: Temp Reso #11006 — July 19, 2006 Revision No. 1 — August 10, 2006 Revision No. 2 — August 22, 2006 Page 4 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 the Main Street Village project to allow the construction of one -hundred twenty (120) residential units (80 two -bedroom; 40 three -bedroom) and approximately 53,892 square feet of retail shops and restaurants, along with associated parking, landscaping and infrastructure improvements for the Main Street Village project located at 9201-9301 West Commercial Boulevard and 9200-9300 NW 57th Street, and a Parking Waiver to reduce the required parking stall dimensions from 10 feet by 18 feet to 9 feet by 18 feet, located between NW 91 st Avenue and NW 90' Avenue, north of Commercial Boulevard and south of NW 57tt' Street, specifically Lots 2, 3, 4, 5, 6, 7, 8 and 9 of the "Lyons Commercial Subdivision Unit No. 2", according to the Plat thereof as recorded in Plat Book 69, Page 43 of the Public Records of Broward County, Florida, less the south 7 feet thereof; 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 Temp Reso #11006 — July 19, 2006 Revision No. 1 — August 10, 2006 Revision No. 2 — August 22, 2006 Page 5 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. The owner/developer shall develop a right turn lane for westbound traffic and will have the right turn lane permitted, inspected and approved by the appropriate jurisdictional agencies prior to the issuance of the first Certificate of Occupancy. E. Broward County Impact Fees must be paid prior to issuance of a Building Permit. F. Local Traffic Impact Fees in the amount of $144,195.43 are due per Section 10-290(c) of the City's Land Development Code prior to issuance of a Building Permit. G. Streetscape Improvement Fees in the amount of $28,952.00 is due per Section 10-313(b) of the City's Land Development Code prior to issuance of a Building Permit. H. Parks and Recreation Impact Fees in the amount of $1,128-339.03 are due per Section 10-296(3)(d) of the City's Land Development Code prior to the issuance of a Building Permit. 7 Temp Reso #11006 — July 19, 2006 Revision No. 1 — August 10, 2006 Revision No. 2 — August 22, 2006 Page 6 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 B. Commercial, Inc., for the Main Street Village Project located between NW 91"Avenue and NW 94th Avenue, north of Commercial Boulevard and south of NW 57t" Street. 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. 1 1 Temp Reso #11006 — July 19, 2006 Revision No. 1 — August 10, 2006 Revision No. 2 — August 22, 2006 Page 7 SECTION 7: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this o:3 day of ' � VSt , 2006. ,17 BETH LANSBAUM-TALABI CO MAYOR ATTEST: MARION SWtNSON, CMC - CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION m to form. lvmt6 wM EL S. GO CITY ATTORI 1 RECORD OF COMMISSION VOTE: MAYOR FLANSSAUM-TALABISCO DIST 1: V/M PORTNER N16— DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER Up EXHIBIT 661" TEMP RESO #11006 Revised 819106 CITY OF TAMARAC 7525 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (954) 597-3530 DEVELOPMENT REVIEW STATUS SHEET Date: July 19, 2006 Orig. Dev. Order: 337 Revised Dev. Order: Project: Main Street Village Master File: 03-02 Location: 9201-9301 West Commercial Boulevard and 9200-9300 NW 57t" Street Developer: Luis LaRosa Architects, Inc. Owner: B. Commercial, Inc. Zoning: MXD (Mixed -Use District) Future Land Use Designation: Commercial Acres: 5.38 acres, more or less Recommended Date for Commission Action: August 23, 2006 1. DEVELOPMENT ORDER FOR: NEW DEVELOPMENT SITE PLAN APPROVAL Comments: Subject to Findings. 2. PLANNING BOARD RECOMMENDATION: APPROVAL Date of Action: June 21, 2006 Planning Board findings of compliance with certified Plan: Yes 3. FINAL ENGINEERING DRAWINGS: On file in the City Engineer's Office 4. LANDSCAPE PLAN: April 25, 2006 5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A 1 EXHIBIT 69 1" TEMP RESO #11006 Revised 8/9/06 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: $1,128,339.03 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: EXHIBIT 661" TEMP RESO #11006 Revised 8/9/06 Fee Amount: $144,195.43 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) N/A School Sites: N/A 8. PROCESSING FEES (PAID) New Development Site Plan ulpats\userdata\wpdata\forms\11006drss DOES NOT COMPLY DOES NOT COMPLY DOES NOT COMPLY $3,000,00 3 Exhibit 2 TEMP RESO #110% TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: MAINSTREET VILLAGE (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this o day of4,20p1c by B. Commercial, Inc. having an address of 15030 Coconut Avenue, Miami Lakes, FL 3301.4 (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 Ingress/Egress Easement s� It is acknowledged that Grantor, or its successors, intends to construct Mainstreet Village mixed use project 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 WHERE Grantor has hereunto set his hand and seal on the day and year fi t above writte V (GRANTOR) S.Commercial, Inc. Witness Type Name/Title Type Name 1 Witness Ack�P—V,-)-� Type Name �fggu-\--r Type Name/Title STATE OF FLORIDA SS COUNTY OF &auAkV 4: I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aAoresaid and,�' Athe County aforesaid to take acknowledgments, personally appeared r r,' e ��(\&\It , n c, to me known to be the person(s) described in and who executed the foregoing instrument and,/ acknowledged before me and under oath that 9. /0 . executed the same. WITNESS my hand and official seal this' � day of Aar,, 20 o c,,. ROSANNA PELAEZ Rory Public •Spite of Flodde " C0MM1eelon #D05M1o4 MyComm1W$5lonExplrwAprll11,8010 Bonded Thru Pichard insurance (✓) Personally known to me, or ( ) Produced Identification N TARY PUBLI , State of Flor Large :Z 0-S -R n—P71 ES, P_ o� Z (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 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: MallorrSwenso , CMC City Cie* ACCEPTED BY CITY OF TAMARAC GRANTEE CX By: o� c�. e, Jeffrey L. ill r City Manager Date: e By: STATE OF FLORIDA Samuel ore COUNTY OF d W , SS City Att y 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 to me known to be the person(s) described in and who exe uted the oregoing instrument and he acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this A5_ day of Ava ( ✓Personally known to me, or ( ) Produced identification JG111.1.Oy1, N__U_UTARY PUBLIC, S to of Florida at Large , tom„ serp,," .+�� • tiN ca p DD25WO Expires oGE w 24, 2007 (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, 981208 4 Blanket Public Safety Ingress/Egress Easement Exhibit A 0007O O y0 N m O C,d F— M Z m cu w0--II O O" 00 =mo co :D v a -TI�cn m i > m =m0 m�� 7� m 000 O M r- i7 O (= Z CC) Cn F- O O 70 K m :27 (7 m 070 77 C) p T Cn r N r m r� p m C) O 0 e -w surpp ti-0 a >deay" I i I o� I IF I I I V I I I I I I I vde�w I i ra i i i .:vK i I N I I .. flo.�rop +.+.no I 1 I � r �ry ■r A! �p R • r t!►r•grRR II 10 13 { !P ppr a • III I 1 � law F. of q! a 0 z v