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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-032Temp Reso #10898 — February 1, 2006 Page 1 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. 209.4 AND GRANTING NEW DEVELOPMENT SITE PLAN APPROVAL FOR FOUNTAINS PROFESSIONAL CENTER II TO ALLOW THE CONSTRUCTION OF A 15,156 SQUARE FOOT, TWO-STORY BUILDING, ALONG WITH ASSOCIATED LANDSCAPING AND A PARKING WAIVER FOR A SEVENTEEN (17) PARKING SPACE REDUCTION, AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT WITH FOUNTAINS PROFESSIONAL CENTER, LLC, FOR THE FOUNTAINS PROFESSIONAL CENTER II PROJECT, LOCATED AT THE NORTHEAST CORNER OF COMMERCIAL BOULEVARD AND NW 57T" STREET, SPECIFICALLY PARCEL "C" OF THE "FOUNTAINS CORPORATE CENTER PLAT', ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 139 PAGE 44 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. 25-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 Revised Development Order and New Development Site Plan for development approval; and Temp Reso #10898 — February 1, 2006 Page 2 WHEREAS, the City Commission has examined the application, the staff and Planning Board recommendations, and the Development Review Status Sheet dated February 1, 2006 (attached hereto as Exhibit I"); and WHEREAS, the Planning Board recommended approval on February 1, 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. 209.4 and grant New Development Site Plan approval for Fountains Professional Center II to allow the construction of a 15,156 square foot, two- story building, along with associated landscaping and a Parking Waiver for a seventeen (17) parking space reduction, located at 521 NE 11 n, Avenue, specifically Parcel "C of the "Fountains Corporate Center Plat", according to the Plat thereof as recorded in Plat Book 139, Page 44 of the Public Records of Broward County, Florida; and 1 C Temp Reso #10898 — February 1, 2006 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 Fountains Professional Center, LLC, for the Fountains Professional Center II Project located at the northeast corner of Commercial Boulevard and NW 57`h 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: 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 Fountains Professional Center II to allow the construction of a 15,156 square foot, two- story building, along with associated landscaping and a Parking Waiver for a seventeen (17) parking space reduction, located at the northeast comer of Commercial Boulevard and NW 57th Street, specifically Parcel "C" of the "Fountains Corporate Center Plat", Temp Reso #10898 — February 1, 2006 Page 4 according to the Plat thereof as recorded in Plat Book 139, Page 44 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 $2,383.00 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 $556.00 is due per Section 10-313(b) of the City's Land Development Code prior to issuance of a Building Permit. 1 1 Temp Reso #10898 — February 1, 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 Fountains Professional Center, LLC, for the Fountains Professional Center II Project located at the northeast corner of Commercial Boulevard and NW 57"' 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. Temp Reso #10898 — February 1, 2006 Page 6 SECTION 7: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this owl day of T7r-17YV Q r , 2006. ATTEST: MARION SWENS N, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. kMUEL S. GPPEN CITY ATTOANEY commdev\u:\pats\userdata\wpdata\res/r10898reso d1�2 ? JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Ave, DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF AN DIST 4: COMM. ROBERTS 7we 1 1 EXHIBIT 66 1" TEMP RESO #10898 CITY OF TAMARAC 7525 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (954) 597-3530 DEVELOPMENT REVIEW STATUS SHEET Date: February 1, 2006 Orig. Dev. Order: 209 Revised Dev. Order: 209.4 Project: Fountains Professional Center II Master File: 04-86 Location: Northeast corner of Commercial Boulevard and NW 57th Street Developer: Howe Real Estate, Inc. Owner: Fountains Professional Center, LLC Zoning: B-2 Future Land Use Designation: Commercial Acres: 1.39 acres, more or less Recommended Date for Commission Action: February 22, 2006 1. DEVELOPMENT ORDER FOR: NEW DEVELOPMENT SITE PLAN APPROVAL Comments: Subject to Findings. 2. PLANNING BOARD RECOMMENDATION: APPROVAL Date of Action: February 1, 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: December 19, 2005 5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A 1 EXHIBIT "1" TEMP RESO #10898 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: $2,383.00 2 EXHIBIT "1" TEMP RESO #10898 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 uApats\userdata\wpdata\forms\10898drss K, DOES NOT COMPLY DOES NOT COMPLY DOES NOT COMPLY $3,000.00 EXHIBIT 112" TEMP RESO #10898 TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: FOUNTAINS PROFESSIONAL CENTER This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this _21 _ day of r , 2005, by Fountains Professional Center LLC having an address of 521 NE 11th Avenue Fort Lauderdale FL 33301 (the "Grantor"), and the City of Tamarac, a Florida municipal corporation having an address at 7,525 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. 9R190R 1 RlRnkpt public Rafaty InarPWFnrPm FasArnPnt It is acknowledged that Grantor, or its successors, intends to construct a_ two-story office building consisting of apgroximately_1„5.000 square feet 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. 9R120R Z Rianket Piihiir SSafaty InnrasWFnrPRa FnRPmPnt IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Wi ss Type Name. Witness Type Name S Y S 4,0 I'►'1. m o l/ STATE OF FLORIDA SS COUNTY OF BROWARD: (GRANTOR) Fountains Professional Center, LLC a Florida limited liability company By: Howe Real Estate, Inc., its Managing Member itle Jason W. Howe President I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid a d in the County aforesaid to take acknowledgments, personally appeared `IASotd Howe to me known to be the person(s) described in and who executed the foregoing instrument and Nc- acknowledged before me and under oath that HE executed the same. WITNESS my hand and official seal this q day of November, 2005 ( Personally known to me, or ( ) Produced Identification N ARY PUBLIC, State of Florida at Large S nl Y�► . W U I ( (Name of Notary Public: Print, Stamp, or type as Commissioned) Typ a ''s Notary PUbpC - Safe of FlotidC - �iAycgrmilplcxi�iie�Nvr14,2008 �yy,.. _.�:� Gommisslon � DD 369520 ( ) DID take an oath, or ( L41D NOT take an oath. 9R12nR 3 Rlankat Pithlir. Safety lnnrPfisJFnrara Faaamant IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Mo- M- TyPk Name Jason W. Howe Type (Corporate Seal) STATE OF FLORIDA SS COUNTY OF BROWARD : (GRANTOR) Fountains Professional Center, LLC a Florida limited liability company By: Howe Real Estate, Inc., its 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 JSo ij Ifo w r - to me known to be the person(s) described in and who executed the foregoing instrument and 14d acknowledged before rye and under oath that #�- executed the same. WITNESS my hand and official seal this day of November, 2005. f4bTARY PUBLIC, State of Florida at Large zosow M. Mini (Name of Notary Public: Print, Stamp, or type as Commissioned) ( 4Personally known to me, or SUSM M MULL it �L N ftfy Public - Skft of Fk dda ( )Produced Identification ' : "''o°""ie"Mb0ftNM14.2= ( ) DID take an oath, or ( ) DID NOT take an oath. AR9;,08 3 Riankat Puhlir. Safaty InnrP.f;WFcjrAAls Fa%Pmant 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 ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joe reiber Mayor Date: 0 P6JefFrey L. ler City Manager Date: -4-2a-j 0, _. as to form: By. v►WYK STATE OF FLORIDA Samuel S. Goren- : SS City Attor� COUNTY OF BROWARD : I Z12.i-106, 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 ber ot-d J . LffilleAo me known to be the person(s) described in and who executed the foregoing instrument and �T� acknowledged before me and under oath that �_ executed the same. WITNESS my hand and official seal this ga- day of 20. (V 1/1ersonally known to me, or ( ) Produced identification NNO—aRYAPtQB&L1iAC,Sta�teof Florida at Large ►'" Madon SO My C ....... n 00290279 VVI) Expires ock bu 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 9R190R 4 Riankat P11hiie Safety InnraarJFnraRc FARP.mP.nt IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. 0 Type Name Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF BROWARD MORTGAGEE By: Type Na (ehur Shell Vice -President I HEREBY CERTIFY that on this day, before me, an Officer daulY authorized in the State aforesaid and in the County afores ' a e acknowledgments, p ally appeared u�„fit e.�, _ known to be the ers s) described in and who executedthe f r going in rumen an acknowledged before me and under oath that -- executed a same. za'..e ITNESS my hand and official seal this day of (14 Personally known to me, or NOTARY PUBLIC, State of Florida at Large r­'e�� ._ (Name amp, or typemisvpi NSON zo MY COMMISSIO # DD 202453 EXPIRES: A ril 10, 2007 7 t3(VKW Thnt Notary Public Underwriters ( ) Produced Identification Type of 1. D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. AR170R 5 RlankPt Pnhlie Safety Innrerfe/FnrAns FafsamPnt AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE ldo hereby affirm that I am the of 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. STATE OF FLORIDA SS COUNTY OF FURTHER AFFIANT SAYETH NOT. (Signature) This day of , 20 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 acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this day of 20 ' ( ) Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Florida 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. CIAMR rJ Rlanknt Piihlir. Safety InnrRAWFnrAnn FaramPnt EXHIBIT "A" LAND DESCRIPTION Parcel C of the FOUNTAINS CORPORATE CENTER PLAT, according to the Plat thereof, as recorded in Plat Book 139 page 44 of the Public Records of Broward County, Florida. LESS AND EXCEPT: A parcel of land being a portion of Parcels B and C, THE FOUNTAINS CORPORATE CENTER, according to the Plat thereof, as recorded in Plat Book 139, page 44, of the Public Records of Broward County, Florida being more particularly described as follows: Begin at the Southeast corner of said Parcel C; thence along the South line of said Parcels C and B South 89032'22" West, a distance of 258.18 feet; thence North 00°27'38" West, a distance of 13.42 feet; thence North 89°32'22" East, a distance of 205.14 feet; thence South 76°15'59" East, a distance of 54.71 feet to the Point of Beginning. Said lands lying and situate in the City of Tamarac, Broward County, Florida. TOGETHER WITH Non -Exclusive Easement Rights created by Cross -Access Easement Agreement dated August 20, 2002, and recorded in Book 33671, page 894, of the Public Records of Broward County, Florida.