HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-187Temp Reso #11051 — September 6, 2006
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2006-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY. OF TAMARAC, FLORIDA, ISSUING
REVISED DEVELOPMENT ORDER NO. 298.5
AND GRANTING NEW DEVELOPMENT SITE
PLAN APPROVAL TO ALLOW THE
CONSTRUCTION OF A ONE-STORY, 2,500
SQUARE FOOT MEDICAL OFFICE BUILDING
WITH ASSOCIATED LANDSCAPING AND
PARKING FOR THE DH PROFESSIONAL
CENTER II PROJECT LOCATED AT 8390
NORTH UNIVERSITY DRIVE, AND A PARKING
WAIVER TO ALLOW 9' X 18' PARKING STALLS
WHERE 10' X 18' PARKING STALLS ARE
REQUIRED, AND AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT
AND EXECUTE A BLANKET PUBLIC SAFETY
INGRESS/EGRESS EASEMENT WITH DH
PROFESSIONAL CENTER, INC. FOR THE DH
PROFESSIONAL CENTER II PROJECT,
LOCATED AT 8390 NORTH UNIVERSITY DRIVE,
SPECIFICALLY LOT 3 OF THE "LYONS
COMMERCIAL SUBDIVISION NO. 3" PLAT,
ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 76, PAGE 31 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.
22-SP-05); 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
Temp Reso #11051 — September 6, 2006
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Revised 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
September 6, 2006 (attached hereto as Exhibit "1 "); and
and
WHEREAS, the Planning Board recommended approval on September 6, 2006; and
WHEREAS, the Interim Director of Community Development recommends approval;
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. 298.5 and grant New Development Site Plan approval to allow the
construction of a one-story, 2,500 square foot medical office building with associated
landscaping and parking for the DH Professional Center II project located at 8390 North
University Drive, and a Parking Waiver to allow 9' x 18' parking stalls where 10' x 18'
parking stalls are required, and authorizing the appropriate City Officials to accept and
execute a Blanket Public Safety Ingress/Egress Easement with DH Professional Center,
Inc. for the DH Professional Center 11 project, located at 8390 North University Drive,
Temp Reso #11051 — September 6, 2006
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specifically Lot 3 of the "Lyons Commercial Subdivision No. 3" Plat, according to the Plat
thereof as recorded in Plat Book 76, Page 31 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 Ingress/Egress
Easement (a copy of which is attached hereto as Exhibit "2") with DH Professional Center,
Inc., for the DH Professional Center II Project located at 8390 North University Drive, 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 the
DH Professional Center I I project to allow the construction of a one-story, 2,500 square foot
medical office building with associated landscaping and parking for the DH Professional
Center II project located at 8390 North University Drive, and a Parking Waiver to allow 9' x
Temp Reso #11051 — September 6, 2006
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18' parking stalls where 10' x 18' parking stalls are required, specifically Lot 3 of the
"Lyons Commercial Subdivision No. 3" Plat, according to the Plat thereof as recorded in
Plat Book 76, Page 31 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 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 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 $422.40 are 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 $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 #11051 — September 6, 2006
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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 DH Professional Center Inc., for the DH Professional Center II Project
located at 8390 North University Drive.
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:
adoption.
Temp Reso #11051 — September 6, 2006
Page 6
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this AVh day of Se&Mber , 2006.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
i
BETH ♦ A
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: V/M PORTNER
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM. SULTANOF Ale
DIST 4: COMM. DRESSLER
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EXHIBIT 69
1"
TEMP RESO #11051
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: 298
Revised Dev. Order: 298.5
Project: DH Professional Center II
Master File: 32-85
Location: 8390 North University Drive
Developer: Ram Design, Inc.
Owner: DH Professional Center, Inc.
Zoning: B-6 (Business District)
Future Land Use Designation: Commercial
Acres: 0.67 acres, more or less
Recommended Date for Commission Action: September 27, 2006
1. DEVELOPMENT ORDER FOR: NEW DEVELOPMENT SITE PLAN APPROVAL
Comments: Subject to Findings.
2. PLANNING BOARD RECOMMENDATION: APPROVAL
Date of Action: September 6, 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: August 22, 2006
5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A
1
EXHIBIT 4$1"
TEMP RESO #11051
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
Fee Amount: N/A
EXHIBIT "1"
TEMP RESO #11051
K. Local Traffic Impact Fees:
Fee Amount: $422.40
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
School Sites: N/A
8. PROCESSING FEES (PAID)
New Development Site Plan $3,000.00
u:\pats\userdata\wpdata\forms\11051 drss
3
EXHIBIT 112" TEMP RESO #t11051
TAMARAC UTILITIES
BLANKET PUBLIC SAFETY
INGRESS/EGRESS EASEMENT
PROJECT: DH PROFESSIONAL CENTER
(NAME OF PROJECT)
This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this
day of ,20_ by DH PROFESSIONAL CENTER, INC. having an address of
6209 W. Commercial Blvd # 1 Tamarac FL 33319 (the "Grantor"), and the City of
Tamarac, a Florida municipal corporation having an address at 7525 Northwest 88th
Avenue, Tamarac, Florida 33321 (the Grantee").
VITA 1i►14&1 =69:1
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
0
It is acknowledged that Grantor, or its successors, intends to construct a 2500 sq.ft.
office bldg. 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 th6 day and
year first above written.
- (GRANTOR)
By -
Type Name Desiree D H f m a n Type Name _ Desiree D Hof m a n
Corporate Secretary President
DH Professional Center Inc.
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF s r o w a r d.
DH Professional Center Inc.
I HEREBY CERTIFY that on this day, before me, an Officer duly authohl i ed in
the State aforesaid and in the County aforesaid to take acknowledgments, per4onaliy
appeared Desiree D Hoffman to me known to be the persorq( )
described in and who executed the foregoing instrument and - b p acknowledged
before me and under oath that .Sheexecuted the same.
WITNESS my hand and official seal this , 20 06 1 ? day of Al2ril
: f '
r TARY P BLIC, Stdfe of Florida
DAISYRIG4LACOSTA at Large
*: *. t.1Y COMMISSION # DD 134510
EXPIRES: July 16.2006 I
Bnn*ed Thu Notary Public Und..raers ti.. PICAL _
(Name of Notary Public: Print; Stamp,
or type as Commissioned)
(xx) Personally known to me, or
( ) Produced Identification
Type of I.D. Produced
( ) DID take an oath, or (xh DID NOT take an oath.
981208 3 BL2nkat Pubr4 sooty hgre&%T4;ress Easement
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
ATTEST:
Marion.�W-enson, MC
`bty Clerk -
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRANTEE
-4CX By: ,( 1`744f�
qI Jeffrey L. ille
City Manager
Date:
AppAe
or
By:
Sa,
SS 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
� u M11 to me known to be the person(s) described in and
who ex cuted the foregoing instrument and hcacknowledged before me and
under oath that he executed the same.
WITNESS my hand and official seal this oll day of ,
20D.
(✓) Personally known to me, or
( ) Produced identification
NO ARY PUBLIC, Statb of Florida
at Large
Mown s.om
�, Commaswn rroz8trl7�
Expires odOber 2a, 2007
aw
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.
( ) DID take an oath, or ( vj---DID NOT take an oath
IN WITNESS WHEREOF, Mortgagee has hereunto set
and year first above written.
D. Produced
his hand and seal on the day
981208 4 Blanket Public Safety Ingress/Egress Easement
04/12/2006 12:44 954-742-6193 BEACON TITLE PAGE 02/02
IN WITNESS WHERI
and year first above m
ATTEST:
By,
1�ype Name
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
COUNTY OF -arnc
I HEREBY CE
the State aforesaid a
appeared
described In and who
before me and under
WITNESS my 1
201*,
( ✓) Personally known
( ) Produced Idenbfl
( 46113 take an oath,
901205
�i
Mortgagee has hereunto set his hand and aeal 'p� the day
n.
MORTGAGEE
By:(:El
Type Name
President Vovr Co rnrrn� .p"—,Vt 01P
�a
.i
�i
'I
SS
FY that on this day, before me, an Officer duly authorized in
In the County aforesaid to take acknowledgments, ;pPrsortally
to me known be the: person(s)
muted the foregoing instrument and ✓ acknowled$ed
h that jyef-executed the same.
d and official seal this day of
NOTARY PUBLI , State of Fld Ida
at Large
• i
( me of Nota Public; Prl , Stamp,
or type as Commisalone6yl _ 0j:a4!Pu0u,)4u811)v ,,.,.9
-qi papu-9 }
LOOZ `£Z ��W :salidx�
me, or 00tJ61(1Q# Rss!=03 :
3n
Type of I.D. Produced
:I
( ) DID NOT take an oath.
5 Blanket Public Safety Ingraso/Epsao eWrr4nt
SCHEDULE "A"
Lot 3, Block 12, LYONS COMMERCIAL SUBDIVISION NO. 3, according
to the Plat thereof, recorded in Plat Book 76, at Page 31, of
the Public Records of Broward County, Florida.
DH PROFESSIONAL CENTER II
CASE NO. 22-SP-05 TEMP RESO #11051
Southgate Boulevard
Site
a�
c
N
200 0 200 Feet
0CITY COMMISSION City of Tamarac
SEPTEMBER 27, 2006
New Development Site Plan
& Parking Waiver
Community Development Department
7525 N.W. 88th Ave . Tamarac. Florida 33321-2401
Telephone: (954) 597-3530
DESIGNATION OF AGENT
DATE,: 5/ 0 5
FOR QUASI-JUMCIAL PROCEEDINGS
7 2
caSE NO.: —0
IN THE MA'ITEROF: DH PROFESSIONAL CENTER II
ANY PERSON APPEARING ON YOUR BEHALF, IN YOUR ABSENCE, MUST RE
DESIGNATED AS YOUR AGENT ON THIS FORM OR SUCH PERSON WILL NOT BE
ENTTTLFD TO SPEAK, AT THE QUA.SI•.TUCTDTAL HEARING AND THE MATTER MAX BE
DETERMINED WITHOUT THE BENEFIT OE THEIR TESTIMONY.
Robert McIntire WILL ATTEND THE QUASI-JUDICIAL
(insert name of Agent)
HEARING TO BE HELD IN MY ABSENCE. IN ADDITION, Rob e r t M c I n t i r e HAS
MY PERMISSION TO ACT AS MY AGENT IN .ALL MATTERS RELATING, TO ANY
PROCEEDINGS RELATED TO DH PROFESSIONAL CENTER II I
(Address ofsubjectproperty) 8390 N. University Drive, Tamarac, FL 33321
THIS FORM MUST RE RETURNED PRTOR'TO THE QUASI•TUDICTAL REARING.
SIGNATURE OF OWNERrNAM&/ADDRF,SS AND PHONE NO.
OF DESIGNATED AGENT:
6209 W. Commercial Blv d 11 1
D H/ arac, FL 33319 ra_t—S5iona ^Ter II) Tel: fi954) 993-4006
(Print Name of Owner) (Print Name of Designated Agent)
Agent: Robert McIntire
10001 N.-W. 50th St # 203G, Sunrise, FL 33351
-
Phone:�Fax.(954) 74 7-0988
STATE OF FLORIDA:
COUNTY OF BROWARD:
The foregoing instrumeut was acknowledged before me this ~
day of
20( y_, by 1 - ry o owner et of property, toho is
e1y known to or has produced identification and
(type of identif, at""
w did/did n ke an oath.
Notary Pu lic Sta a of Florida
My Commissi95 Expires:
(Type or print name of Nota
M:�wph, DAISY PoGAI-ACOSTA
MY O NNiSSION 0 DD 134510
EY,f IFES! July 16, 2006
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