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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-234Temp Reso #11092 -- November 1, 2006 Revision No. 1 — December 6, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006--g3� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ISSUING REVISED DEVELOPMENT ORDER NO. 336.1 AND GRANTING MAJOR REVISED SITE PLAN APPROVAL FOR COMMERCE BANK TO ALLOW THE DEMOLITION OF THE EXISTING, ABANDONED BANK BUILDING AND THE CONSTRUCTION OF A 4,260 SQUARE FOOT BANK BUILDING WITH FIVE (5) REAR DRIVE- THRU LANES, ALONG WITH LANDSCAPING AND INFRASTRUCTURE IMPROVEMENTS, AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT WITH SAUL STRACHMAN, GRANTOR AND OWNER OF THE SUBJECT PROPERTY, FOR THE COMMERCE BANK PROJECT LOCATED AT 7001 WEST COMMERCIAL BOULEVARD, SPECIFICALLY TRACT "A" OF THE "TAMARAC FINANCIAL PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 104, PAGE 49B 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. 11-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 Major Revised Site Plan for development approval; and Temp Reso #11092 — November 1, 2006 Revision No. 1 — December 6, 2006 Page 2 WHEREAS, the City Commission has examined the application, the staff and Planning Board recommendations, and the Development Review Status Sheet dated December 6, 2006 (attached hereto as Exhibit I "); and WHEREAS, on November 1, 2006, the Planning Board tabled this Major Revised Site Plan to the November 15, 2006 Planning Board meeting; and WHEREAS, the November 15, 2006 Planning Board meeting was cancelled; and WHEREAS, the Planning Board at its meeting of December 6, 2006, recommended approval of this Major Revised Site Plan; and WHEREAS, the Interim Directorof Community Development recommends approval; FTif 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. 336.1 and grant Major Revised Site Plan approval for Commerce Bank to allow the demolition of the existing, abandoned bank building and the construction of a 4,260 square foot bank building with five (5) drive-thru lanes, along with landscaping and infrastructure improvements, for the Commerce Bank Project located at 7001 West 1 1 Temp Reso #11092 — November 1, 2006 Revision No. 1 — December 6, 2006 Page 3 Commercial Boulevard, specifically Tract "A" of the "Tamarac Financial Plat", according to the Plat thereof as recorded in Plat Book 104, Page 49B 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 Saul Strachman, Grantor and Owner of the subject property, for the Commerce Bank Project located at 7001 West Commercial Boulevard, 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 Major Revised Site Plan for the Commerce Bank to allow the demolition of the existing, abandoned bank building and the Temp Reso #11092 — November 1, 2006 Revision No. 1 — December 6, 2006 Page 4 construction of a 4,260 square foot of bank building with five (5) drive-thru lanes, along with landscaping and infrastructure improvements, located at 7001 West Commercial Boulevard, specifically Tract "A" of the "Tamarac Financial Plat", according to the Plat thereof as recorded in Plat Book 104, Page 49B 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 $817.92 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 $800.00 is due per Section 1 E 1 Temp Reso #11092 — November 1, 2006 Revision No. 1 — December 6, 2006 Page 5 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 Saul Strachman, Grantor and Owner of the subject property, for the Commerce Bank Project located at 7001 West Commercial Boulevard. 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 #11092 -- November 1, 2006 Revision No. 1 — December 6, 2006 Page 6 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 13'k day of De-cembcC , 2006. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. GOREN CITY ATTORNEY RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER C 1 1 EXHIBIT "1" TEMP RESO #11092 CITY OF TAMARAC 7526 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (954) 597-3530 DEVELOPMENT REVIEW STATUS SHEET Date: December 6, 2006 Orig. Dev. Order: 366 Revised Dev. Order: 366.1 Project: Commerce Bank Master File: 03-79 Location: 7001 West Commercial Boulevard Developer: Commerce Bank Owner: Saul Strachman Zoning: B-1 Future Land Use Designation: Commercial Acres: 1.33 acres, more or less Recommended Date for Commission Action: December 13, 2006 1. DEVELOPMENT ORDER FOR: MAJOR REVISED SITE PLAN APPROVAL Comments: Subject to Findings. 2. PLANNING BOARD RECOMMENDATION: APPROVAL Date of Action: December 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: September 13, 2006 5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A 1 EXHIBIT 99 1" TEMP RESO #11092 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: $817.92 EXHIBIT 44V TEMP RESO #11092 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 DOES NOT COMPLY DOES NOT COMPLY DOES NOT COMPLY H. Local Parks (Parks and Recreation Facilities) N/A I. School Sites: N/A 8. PROCESSING FEES (PAID) Major Revised Site Plan u Apats\userdata\wpdata\forms\11 092drss $3,000.00 3 TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: COMMERCE BANK (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this // day oUr�7,20o1*by E4VtITQe.S&&/ having an address of 700,1 4v. ro&Ai,e ? zoee /3" (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 It is acknowledged that Grantor, or its successors, intends to construct _a 4,260 sf bank 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 above written. (GRANT ) Witness -- ype N me/Title Type Name ��� `. 5 ... r�� c . 1 F < < t o Witness Type Name Type NamefTitle STATE OF FLORIDA I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State a ore Idar)d) In the County aforesaid to take acknowledgments, personalty appeared 1�.�i1��9,� to 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. _ 20jo WITNESS my hand and official seal this day of , �5 ( Personal) known to me, or ) Y ( ) Produced Identification NOTARY IPU130(: State of Florida at Large j Z ZI (N e ok Notaryublic: Print, Stamp, or type as Commissioned) NOMkRypUB'JC' 1E OF FLORIDA BUSCH *c�NV5,s1f0.,NHDD401664 Bonded T S' ham' 01, 2009 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: Marion Swenson, CMC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE T Jeffrey L. iller City Manager Date: Approved as to form: Samuel . Goren, : 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 eeU Mlllcf to me known to be the person(s) described in and who executed the foregoing instrument and _ he acknowledged before me and under oath that he executed the same. WITNESS my hand and official seal this day of D CCeI'Yt„f-C , 20_&. Personally known to me, or ( ) Produced identification aA'C M _ Q 1641QD NOUFARY PUBLIC, St to of Florida at Large MY Commrasion Db280278 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 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 I, VL F do hereby affirm that I am the 0&/y/ _ of +r✓t3 iC�'.i it and that I have executed a Blanket Public Safety Ingress/Egress Easement with the City of Tamarac for ) _ 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. "�4/A���- (Signature) Thisa day of S-i �/7 , 201-I C' STATE OF FLORIDA COUNTY OF APA4gW. I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid d 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 y� acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this �2_ day of , 2006. ( /Personally known to me, or ( ) Produced Identification of Florida at Large (Na" okNotary Public: Print, Stamp, or type as Commissioned) "My FUSLIC-MTg OF FLORIDA cow o H USCH DD40 664 Bonded Thaw AttIandc Bond1 Bonding Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 981208 5 Blanket Public Safety Ingress/Egress Easement Exhibit "A" DESCRIPTION: TRACT A, TAMARAC FINANCIAL PLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 104, AT PAGE 49 OF THE PUBLIC RECORDS OF BROWARD COUNTY. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, CONTAINING 57,966 SQUARE FEET MORE OR LESS. 211416-NOV-01 09:09AM FROM -PUBLIC WORKS 7241365 T-413 P.002/004 F-726 OR page.CFN.# 1,0374990►ar b8 : �B AM, d CoSuXnty6946 Cnsnmission 1Doa�aQe $7350.00 Deputy Clerk2218504 at RETURN TO & PREPARED BY: ROBERT D. SCHARF. VP WEINSTEIN & SCHARF, P.A. 1999 UNIVERSITY DRIVE, SUITE 402 CORAL SPRINGS, FI- 33071 (954) 755-4011 VIIARRANTY_ DEED THIS WARRANTY DEED is made the ll3-�\ day of -�� �' - M 2004, BETWEEN TSC TAMARAC LTD., a Florida Limited Partnership, whose address is 33 West Camino Gardens Blvd., Suite 200, Boca Raton, Florida 33432, ("Grantor") and SAUL $TRACKMAN, as Trustee .0 the Saul Strachman RLT, UAD 12J18/97, whose mailing - c Grantee"). address is: WITNESSETH- That grantor, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, grants, bargains, sells, aliens, remises, releases, conveys and confirms unto Grantee, its successors and assigns, all that certain land situate in Broward County,, Fiorida, and legally described as follows, Tract A of TAMARAC FINANCIAL PLAT, according to the Plat thereof, as recorded In Plat Back 104, Page 49, of the Public Rocords of Broward County, Florida. Pursuant to F,S. sec, 809,071, the Trustee, or his successor, has the full power and authority either to protect, conserve and to sell, or to lease, or to encumber, or otherwise to manage and dispose of the real property described herein. PARCEL IDENTIFICATION #: 19110-23-00100 SUBJECT TO restrictions, reservations, easements and limitations of record, and those matters ,specifcally set forth in EXHI8IT "A", provided that this shall not serve to reimpose same, zoning ordinances and taxes for the current year and subsequent years. Said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence. iCk vrknt ICBM&L� O E.l' .•SGz • LA z , Prink N+�o= TSC TAMARAC, LTD., a Florida Limited Partnership By: TSC TAMARAC, INC., a Florida corporation. its sole general partner T. SCOTT COLEMRN, PRESIDENT C) 2906-NOV-01 09:09AM FROM -PUBLIC WORKS OR I3x, 36946 FG 316, page 2 of 3 7241865 T-413 P.003/004 F-726 STATE OF FLORIDA 0OUN-TYOF13F,GWA= rlirir r�'t t �. The foregoing instrument was acknowledged before me this ILL) day of c, 2004, by T. Scott Coleman, as president of TSC Tamarac, Inc., a Florida corporatl6h, as the sole general partner of TSC Tamarac, Ltd., a Florida limited partnership, on behalf of the partnership who is, rsonall kn to me or has produced valid Drivers License as identification. My COMMISSION EXPIRES: 9)-5A. i ,K IUK My GpWIp11S5�N A DD 245211 e> co NOTARY PUBLIC!-SSTAT'jr OF FLORIDA - E%PIF�S: Auquel �& 2007 2R06-NOV-01 09:09AM FROM -PUBLIC WORKS OR BK 36946 PG 33.7, Page 3 of 3 7241365 T-413 P.004/004 F-726 EXHIBIT "A" Title Exceptions 1, Declaration of Restrictions Lyons Business Center recorded June 11, 1968 in Official Records Book 3682, Page 673, amended April 13, 1970 in Official Records Book 4186, Page 55 and June 5, 1979 in official Records Book 8249, Page 997. 2, Developer Agreement recorded in Official Records Book 4057, Page 961. 3. Easement in favor of Florida Power & bight Company recorded .July 5, 1972 in Official Records Book 4914, Page 497, 4. Easement in favor of Broward County recorded July 21, 1976 in Official Records Book 6661, Page 108. 5, Restrictions and Easement(s) as shown in Plat of TAMARAC FINANCIAL PLAT, as recorded in Plat Book 104, Page 49. 6, Easement in favor of Florida Power & Light Company recorded June 23, 1980 in Official Records Book 8973, Page 988. 7. Developer's Agreement recorded August 29, 1980 in official Records Book 9093, Page 962, NOTE: All of the recording information contained herein refers to the Public Records of Broward County, Florida, unless otherwise noted.