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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-020Temp Reso #10885 -- January 4, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006- AO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ISSUING REVISED DEVELOPMENT ORDER NO. 118.1 AND GRANTING NEW DEVELOPMENT SITE PLAN APPROVAL FOR HALL FOUNTAINS OFFICE/WAREHOUSE TO ALLOW THE CONSTRUCTION OF A ONE-STORY, 10,846 SQUARE FOOT OFFICE/WAREHOUSE BUILDING WITH ASSOCIATED PARKING, LANDSCAPING AND INFRASTRUCTURE IMPROVEMENTS, ALONG WITH A PARKING WAIVER FOR FIVE (5) SPACES WHERE TWENTY-SEVEN (27) ARE REQUIRED AND TWENTY-TWO ARE PROVIDED, AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT WITH S&S WORLDWIDE PROPERTIES, FOR THE HALL FOUNTAINS OFFICE/WAREHOUSE PROJECT, LOCATED AT 5500 NW 22ND AVENUE, SPECIFICALLY LOTS 10 AND 11 OF THE "TAMARAC INDUSTRIAL PARK" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 63 PAGE 26 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. 19-SP-04); 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 #10885 -- January 4, 2006 Page 2 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 January 4, 2006 (attached hereto as Exhibit "1 "); and WHEREAS, the Planning Board recommended approval on January 4, 2006; 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. 118.1 and grant New Development Site Plan approval for Hall Fountains Office/Warehouse to allow the construction of a one-story, 10846 square foot office/warehouse building with associated parking, landscaping and infrastructure improvements, along with a Parking Waiver for five (5) spaces where twenty-seven (27) are required and twenty-two are provided, located at 5500 NW 22Id Avenue, specifically Lots 10 and 11 of the "Tamarac Industrial Park" Plat, according to the Plat thereof as recorded in Plat Book 63, Page 26 of the Public Records of Broward County, Florida; 1 Temp Reso #10885 — January 4, 2006 Page 3 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 S&S Worldwide Properties for the Hall Fountains Office/Warehouse Project located at 5500 NW 22"d Avenue, 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 Hall Fountains Office/Warehouse to allow the construction of a one-story, 10,846 square foot office/warehouse building with associated parking, landscaping and infrastructure improvements, along with a Parking Waiver for five (5) spaces where twenty-seven (27) are required and twenty-two are provided, located at 5500 NW 22"d Avenue, specifically Lots Temp Reso #10885 — January 4, 2006 Page 4 10 and11 of the "Tamarac Industrial Park" Plat, according to the Plat thereof as recorded in Plat Book 63, Page 26 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 in the amount of $1,196.55 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 $409.50 is due per Section 10-313(b) of the City's Land Development Code prior to issuance of a Building Permit. Temp Reso #10885 — January 4, 2006 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 S&S Worldwide Properties for the Hall Fountains Office/Warehouse Project located at 5500 NW 22"d Avenue. 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 park 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 SECTION 7: adoption. Temp Reso #10885 -- January 4, 2006 Page 6 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this A5 day of Jonuo(y , 2006. (3-,n Z4��' el-c" e, * �"/— JOE SCHREIBER MAYOR ATTEST: MARION SWE SON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. C- SA14UEL S. GOREN CITY ATTORNEY commdev\u:\pats\userdata\wpdata\res/r10885reso RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Ale DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS F 1 1 EXHIBIT 641" TEMP RESO #10885 CITY OF TAMARAC 7625 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (964) 597-3530 DEVELOPMENT REVIEW STATUS SHEET Date: January 4, 2006 Orig. Dev. Order: 118 Revised Dev. Order: 118.1 Project: Hall Fountains Office/Warehouse Master File: 23-83 Location: 5500 NW 22"d Avenue Developer: MIL Architect, Inc. Owner: S&S Worldwide Properties Zoning: LI-1 Future Land Use Designation: Industrial Acres: 0.910 acres, more or less Recommended Date for Commission Action: January 25, 2006 1. DEVELOPMENT ORDER FOR: NEW DEVELOPMENT SITE PLAN APPROVAL Comments: Subject to Findings. 2. PLANNING BOARD RECOMMENDATION: APPROVAL Date of Action: January 4, 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: October 20, 2005 5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A 1 EXHIBIT "1" TEMP RESO #10885 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: iJ Fee Amount: N/A Fee Amount: $1,196.55 EXHIBIT 61v TEMP RESO #10885 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 u Apats\userdata\wpdata\farms\10885drss 3 DOES NOT COMPLY DOES NOT COMPLY DOES NOT COMPLY $3,000.00 s EXHIBIT 12" TEMP RESO #10885 TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: Hall Fountains Office / Warehouse This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this 22 day of Nov , 2005,_by S&S Worldwide Pro erties having an address of 5500 NW 22nd Ave Tamarac FI (the "Grantor"), and the City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest 881" 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 r It is acknowledged that Grantor, or its successors, intends to construct a new one (1) story. building 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 AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, Scott Hall do hereby affirm that I am the President of S&S Worldwide Pro erties and that I have executed a Blanket Public Safety Ingress/Egress Easement with the City of Tamarac for Hall Fountains Office / Warehouse 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 AFFIANT SAYETH NOT. (Signature) This 22_ day of Nov , 2005._ STATE OF FLORIDA SS 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 appearedto me known to be the person(s) described in and who executed the foregoing instrument and _acknowledged before me and under oath that 6 executed the same. WITNESS my hand and official seal this ' ' day of f`— wY oU f C, Staf Wayne H. Blanding NOTARY PU e of * * GOmmission # DD30o438 at Large 7'019 ( Y-) 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 5 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. Type Name Scott Hall Corporate Secretary STATE OF FLORIDA ,? : SS COUNTY OF: (GRANTOR) By: Type Name Scott Hall President 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 executed the foregoing instrument and Wf- acknowledged before me and under oath that ,r executed th same. ''f WITNESS my hand and official seal this�Ldday of /klr�0e'r" 20p,6 .. Y ""I Wayne H. Blanding $' Commission # DD300438 "4 Expires April 22, 2008 (A) Personally known to me, or ( ) Produced Identification NOTARY Fl`U8LIC, State of rida at Large (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: _- lay: Marion Swenson, CIVIC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE j% By: ;�L� Jo hreiber Mayor Date: ►13 i U Y� Jeffrey L. Aner City Manager Date: Ufo V t to form: By: J13)1ri- Samue S. Goren, SS Interim City Attortoy COUNTY OF &I 'b('a : I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State sforesaid and in t e Coun aforesaid to take acknowledgments, personally appeared � tuft<j ,Q P,>fto me knqyvn to be the person(s) described in and who executed the. oregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this �A) ._ day of 20_0�. personally known to me, or ) Produced identification NOT RY PUBLIC, State df Florida at L raA ,,,aiion SWOM My Commiswn DD2E0279 or w Expires october 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 981208 4 Blanket Public Safety Ingress/Egress Easement EXHIBIT "A" Leval Description Lots 10 and 11 of the "Tamarac Industrial Park" Plat, according to the Plat thereof as recorded in Plat Book 63, Page 26 of the Public Records of Broward County, Florida.