HomeMy WebLinkAboutCity of Tamarac Resolution R-89-0511
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Temp. Reso. #5334
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-89--5I
A RESOLUTION ISSUING REVISED DEVELOPMENT
ORDER NO. 250 FOR MARKETPLACE AT TAMARAC SITE
PLAN PURSUANT TO THE PROVZSIONS'OF SECTIONS
7-2 THROUGH 7-11 OF THE TAMARAC CODE AND
SUBJECT TO CERTAIN CONDITIONS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to the instructions of the City
Council. of Tamarac, Florida, a public meeting has been
advertised in accordance with applicable law stating the
date, time and place of this meeting regarding review of the
subjection application for a revised development order by the
applicant for development approval; and
WHEREAS, the City Council has examined and investigated
the application, staff and Planning Commission recommenda-
tions, and the attached Development Review Status Sheet dated
March 3, 1989; and
WHEREAS, the City Council reviewed the revised develop-
ment order and accompanying documents at a public meeting;
and
WHEREAS, the City Council has determined that the
application is in compliance with all elements of the Compre-
hensive Plan, or will be in compliance prior to the issuance
of a Certificate of Occupancy for the development that is the
subject of the application; and
WHEREAS, RK Development Corp. is the contract vendee for
that certain property which is subject to the Marketplace of
Tamarac Revised Final Site plan; and
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Temp. Reso. #5334
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WHEREAS, RK Development Corp. will not become the record
title owner of the property subject to the Marketplace at
Tamarac Final Site Plan until such time as a real estate
closing takes place on the property within the next few
weeks; and
WHEREAS, RK Development Corp. has submitted a check tc
be held by the City in escrow and which check covers the cost
of all development fees required under the City Code; and
WHEREAS, RK Development Corp. has submitted a Water and
Sewer Developer's Agreement, a Blanket Public Safety Ingress/
Egress Easement, a Water Retention Agreement, a Median
Maintenance Agreement and a Water/Sewer Easement which will
be held in escrow by the City;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1 That the development described on the
attached Development Review Status Sheet dated March 3, 1989
is granted a development order to proceed 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
Section II of the Development Review Status oheet
and approved engineering drawings.
B. Commencement of construction shall be- no longer
than one year from the date of approval. If the
development does not commence construction within
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Temp. Reso. #5334
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one year, the 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
Council consents to modify any of the original
requirements.
D. Additional conditions established in order to issue
the revised development order are set forth as
follows:
That the revised final site plan and related documents
referenced above for The Marketplace at Tamarac attached
hereto as Exhibit "A" is hereby approved subject to the
following:
1. On or before July 1, 1989, RK Development Corp.
shall notify the City Clerk in writing that the
real estate closing for the subject property has
taken place at which time the City Clerk shall
record the subject Water and Sewer Developers
Agreement, Blanket Public Safety Ingress/Egress
Easement, Water Retention Agreement, Median
Maintenance Agreement, Water/Sewer Easement and
special Warranty Deed for the vacated right-of-way
on the south side of N.W. 57th Street for The
Marketplace at Tamarac. Developer shall also
supply City Clerk with an updated Title Opinion
prior to City Clerk recording the subject
documents. At the same time the Finance -Director
shall release from escrow for deposit in the
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Temp. Reso. #5334
appropriate City account(s) the check(s) from RK
Development Corp. for fees, including, but not
limited to, for Water and Sewer, Drainage, Beauti-
fication and Road Impact fees, all required for the
Marketplace at Tamarac project. If a mortgage is
placed on the subject property prior to the
recordation of the documents referenced above, RK
Development Corp. will provide the City Clerk with
new Agreements executed by the Mortgagee evidencing
the Mortgagee's consent and recognition that in the
event of foreclosure the mortgagee will continue to
recognize the rights of the City in accordance with
the terms of the Agreements; or
2. On or before July 1, 1989, RK Development Corp.
shall notify the City Clerk in writing that the
closing will not take place and all required
documents and funds held in escrow shall be
returned to RK Development Corp. and the approval
of the revised final site development plan sub-
mitted by RK Development Corp. and this development
Order shall automatically be null and void with no
vested rights.
3. If neither of the conditions outlined in paragraphs
1 or 2 has occurred by August 1, 1989 then the
final site development plan submitted by RK
Development Corp. shall automatically be null and
void with no vested rights to RK Development Corp.
nor any other person or entity and all required
documents, agreements, deeds, and funds held in
escrow shall be returned to RK Development Corp.
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Temp. Reso. #5334
SECTION 2 : Should any section or provision of this
revised development order be declared by a court of competent
jurisdiction to be invalid, the City Council shall determine
if the other portions of the order remain valid or whether
the approval shall be null and void.
SECTION 3 : This revised development order is approved
subject to the foregoing conditions.
MASSED, ADOPTED AND APPROVED this__,�_day of 1989.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
RICHARD ROOD
CITY ATTORNE
reso.marketplac
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CIO
NORMAN ABRAMOWITZ
MAYOR
RECORD OF COUNCIL. VOTE
MAYOR ABRAMOWITZ ,^
DISTRICT 1: C/M ROHR
DISTRICT 2: V/M STELZER
DISTRICT 3: C/M IJOFFMAN
DISTRICT 4: C/M BENDER
J
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An" -Q-25-SI
5811 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321
TELEPHONE (305) 722.5900
DEVELOPMENT REVIEW STATUS SHEET
MEMO #
DATE 3/3/89
250 Orig. Dev.716rder
"THE RK PLAT" Final Plat Revised Dev. Order
Project THE MARKETPLACE AT TAMARAC.Final Site Plan Master File # 16-88
Location NE corner Commercial Blvd and NW 70 Ave_
Developer RK DEVELOPMENT CORP.
Owner RK DEVELOPMENT CORP. (proposed owner)
Zoning ....B-2. — Acres 5_ 94 Recommended DAte for Council Action 3/8/89
Future Land Use Designation CQ MerCial Proposed Use Shopping Center
DEVELOPMENT ORDER FOR: .
Final Site Plan x Final Plat X Revised Site Plan
I. STAFF APPROVAL DATES: Final Site Plan — Final Plat Revised Site Plan
City Planner
City Engineer
Chief Building Official
Fire Chief
Comments
II.' PLANNING COMMISSION RECO! IMENDAT IONS:.
APPROVAL or APPROVAL WITH CONDITIONS/Date 2/15/89 DENIAL/Date
Final Site Plan dated 12/15/88 Rev 2/9/89
Final Plat dated Rev
Revised Site Plan dated_ Rev
Planning Commission finding of compliance with Certified Plan:
III. FINAL ENGINEERING DRAWINGS:
APPROVAL/Date _ APPROVAL AS REDLINED/Date DENIAL/Date
Comments
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DEVELOPMENT REVIEW STATUS SHEET $
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SCAPEPLAN:
f Action APPROVAL APPROVAL WITH CONDITIONS X DENIAL
Date 2/9/89
V. BROWARD COUNTY DEVELOPMENT REVIE14 COMMITTEE REPORT:
(If applicable)
Comments
VI. DEVELOPERS AGREEMENTS/FEES (Where a licable S U M M A R Y
A. Water and Sewer Developer Agreement
Date 1 5
City Engineer Approval/Date
City Attorney Approval/Date
B. Other Development Agreem nt5 (Covenants, Stipulations, etc.)
Warranty Deed Water/Sewer Utility Easement
Water Retention Agreement
Blanket Public Safety Ingress/Egress Easement
Vacation of 13' x 835' Right -Of -Way -So. side NW 57 St.
Matntena ce Agreement for Median on NW 57 St. 10 500.00
C. Drainage Mention Fee Amount �
5% Required/Acres ____ Provided
Deficiency/Acres X $35,000/Acre
D. Drainage Im rovement Fee Amount
Project Acreage X $130/Acre
E. Water & Sewer Contrib4tion Charges Fee Amount $
Number of ERCs X
F. ERC Review Fee, if more than 10 ERCs Fee Amount $
G. Local Parks/Recreation Fee Amount $
Acres Required - Provided
$/Acre X Deficiency/Acres 25,799.24 Total
H. Engineering Fees Fee Amount $ 750.00 Pre aid
Balance
I. Bonds Bond Amount $ 52,347.00
Date: Approved by City Engineer_._--. City Attorney
1
J. On Site Beautification '
(Fees to be paid at time of building permit issuance)
($63,908.50 x .0715)
K. Future Traffic Needs Fees
Retail C1 7an Cn f+ 6
Office 6,000 sq. ft. = 1,004.00
4,569.46
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Pape 3
Di JEIDpMEA'T REVIEW STATl1S SwitT
REVEL0P?1rNT REVIEW RE UIRtMENTS:
A. PoUtle Viter Service
Certification of City Engineer or Consulting City Engineer of
Availability of Service:
Memo
AVAILABLE X , WILL It AVAILABLE .,,..,ram,.,, NOT AVAILABLE „ W-Um,
Date Comments
f. Wastrwater Treatment and Disposal Service
Certification of City Engineer or Consulting City Engtarer of
Availability of Service:
AVAILABLE �,,. WILL BE AVAILABLEMDT AVAILABLE .�
Date torments
C. Solid Weste Disposal Service
Determination of Availability of Service:
AVAILABLE « - L ...,. WILL BE AVAILABLE. NDT AVAILABLE .�.._._.
Date Coc:nents
D, Drainage Adequacy
Certification of City Engineer or Consulting City Engineer of
Adequacy of,Drainage:
ADEQUATE. ' WILL It ADEQUATE _,,... NOT ADEQUATE
Date Conrments
E. Regional Transportation Network
Compliance with Minimum Standards:
COMPLIES ,,,,..i_„ WILL COMPIYDOES NOT COMPLY
Date Corrrnents Per County requirements
F. Local Streets and Roads
Compliance with Minimum Standards:
COMPLIES x WILL CO1PLYr.. DOES NOT CO SPLY
Date Comments
w. Fire Protection Service
Compliance with Minimum Standards:
COKPLIES.,.,_,,,,,xWILL COMPLY DOES NDT [ONLY �..._.—
Date Conrn+ents
N. Police Protection Service
Compliance with Minimum Standards:
COMPILES - x WILL COMPLY DOES NOT COMPLY
Date Comments
1. o:al Parks (Parks and Recreation Facilities) N/A
Land citation Required/Acres Provided
Cash in Lieu of Land. --,Gross Acres Max. It S_./AC • S _�-----
J.W^
ocplihnce With the Standards of the froward County School bard: N/A
SCHDDL SITES NEEDED FOR ELEMENTARY SCHOOL NDT WIEDER
' " • MIDDLE SCHOOL NDI NEEDED
" NISH SCHDOL NOT NEEDED
Letter from School fond Dated
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DEVELOPMENT REVIEW STATUS MIT
V111. PROCESSING FEES (PAID):
Site Plan Review: S 1,300.00
*Aevtsed Site Plan: S
Plat Review: 750.00
Scharnatic Ing.: ; 750.00
Other: Rezoning 00 0
Variance 300.00
• Vacation R/W 300.00
STAFF COWL NTS: -
Proposed development is/ JOW in general confomance with Tamarac's Land
Use Plan Element and recanmends:
Adoption Of Development Order / 250 Master File / 16-88 For:
"THE RK PLAT" Final Plat• and THE MARKETPLACE AT TAMARAC Final Site Plan
Project subject to the requirements included in the Report and the following
conditions:
1. All staff comments
2. Broward County approval of final plat
3. Payment of all fees
4. Water/Sewer Developers Agreement
5. Water Retention Agreement
6. Blanket Public Safety Ingress/Egress Easement
7. Water/Sewer Utility Easement
8. Median Maintenance Agreement
9. Warranty Deed to road right-of-way -