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Home My WebLink AboutCity of Tamarac Resolution R-2005-220Temp Reso #10836 — October 19, 2005 Revision No. 1 — November 15, 2005 Revision No. 2 — November 17, 2005 Revision No. 3 — November 17, 2005 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005-zVO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ISSUING REVISED DEVELOPMENT ORDER NO. 008.3 AND GRANTING MAJOR REVISED SITE PLAN APPROVAL FOR GOLFVIEW TOWNHOMES TO ALLOW THE DEMOLITION OF THREE (3) ONE- STORY BUILDINGS AND THE CONSTRUCTION OF A TWELVE (12) UNIT TOWNHOME PROJECT WITH ASSOCIATED DRIVEWAYS AND GUEST PARKING, ALONG WITH LANDSCAPING AND INFRASTRUCTURE IMPROVEMENTS, AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT WITH 8400 MCNAB, LLC, FOR THE GOLFVIEW TOWNHOMES PROJECT, LOCATED APPROXIMATELY 925 FEET EAST OF THE SOUTHEAST CORNER OF PINE ISLAND ROAD (AKA: NW 88TH AVENUE) AND MCNAB ROAD (8400 WEST MCNAB ROAD), SPECIFICALLY A PORTION OF PARCEL "R" OF THE "WOODLAND LAKES" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 71 PAGE 18 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. 15-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 Temp Reso #10836 — October 19, 2005 Revision No. 1 — November 15, 2005 Revision No. 2 — November 17, 2005 Revision No. 3 — November 17, 2005 Page 2 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 WHEREAS, the City Commission has examined the application, the staff and Planning Board recommendations, and the Development Review Status Sheet dated October 19, 2005 (attached hereto as Exhibit "'I "); and WHEREAS, the Planning Board recommended approval on October 19,2005; 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 I 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. 008.3 and grant Major Revised Site Plan approval for Golfview Townhomes to allow the demolition of three (3) one-story buildings and the construction of a twelve (12) unit townhome project with associated driveways and guest parking, along with landscaping and infrastructure improvements, located approximately 925 feet east of the southeast corner of Pine Island Road (aka: NW 88th Avenue) and McNab Road (8400 I I I Temp Reso #10836 — October 19, 2005 Revision No. 1 — November 15, 2005 Revision No. 2 — November 17, 2005 Revision No. 3 — November 17, 2005 Page 3 West McNab Road), specifically a portion of Parcel "R" of the "'Woodland Lakes" Plat, according to the Plat thereof as recorded in Plat Book 7 1, Page 18 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 Golfview Townhomes for the Golfview Townhome Project located approximately 925 feet east of the southeast corner of Pine Island Road (aka: NW 88 th Avenue)and McNab Road (8400 West McNab Road), 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 Golfview Temp Reso #10836 — October 19, 2005 Revision No. 1 — November 15, 2005 Revision No. 2 — November 17, 2005 Revision No. 3 — November 17, 2005 Page 4 Townhomes to allow the demolition of three (3) one-story buildings and the construction of a twelve (12) unit townhome project with associated driveways and guest parking, along with landscaping and infrastructure improvements, located approximately 925 feet east of the southeast comer of Pine Island Road (aka: NW 88th Avenue) and McNab Road (8400 West McNab Road), specifically a portion of Parcel "R" of the "Woodland Lakes" Plat, according to the Plat thereof as recorded in Plat Book 71, Page 18 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. I 1_1 I Temp Reso #10836 — October 19, 2005 Revision No. 1 — November 15, 2005 Revision No. 2 — November 17, 2005 Revision No. 3 — November 17, 2005 Page 5 E. Local Traffic Impact Fees in the amount of $1,824.00 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 $2,400.00 is due per Section 10-313(b) of the City's Land Development Code prior to issuance of a Building Permit. G. Parks and Recreation Impact Fees in the amount of $11,560.93 is due per Section 10-296(3)(d) 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 8400 McNab, LLC for the Golfview Townhomes Project located approximately 925 feet east of the southeast corner of Pine Island Road (aka: NW 88 th Avenue) and McNab Road (8400 West McNab Road). 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 Ihereby repealed to the extent of such conflict. Temp Reso #10836 — October 19, 2005 Revision No. 1 — November 15, 2005 Revision No. 2 — November 17, 2005 Revision No. 3 — November 17, 2005 Page 6 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. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. %MUEL S. GC CITY ATTOR a;73 day of '2005. JOE SCHREIBEK MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS 2,?/PT commdev\u:\pats\userdata\wpdata\res/r1 0836reso I J I EXHIBIT "I" TEMP RESO #10836 CITY OF TAMARAC 7525 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (954) 724-1292 DEVELOPMENT REVIEW STATUS SHEET Date: October 19, 2005 Orig. Dev. Order: 008 Revised Dev. Order: 008.3 Project: Golfview Townhomes Master File: 26-81 Location: Southeast corner of Pine Island Road and McNab Road Developer: Keith and Ballbe, Inc. Owner: Brian Scheinblum, 8400 McNab LLC Zoning- R-3 Future Land Use Designation: Residential Acres- 1.29 acres, more or less Recommended Date for Commission Action: November 9, 2005 1. DEVELOPMENT ORDER FOR: MAJOR REVISED SITE PLAN APPROVAL Comments: Subject to Findings. 2. PLANNING BOARD RECOMMENDATION: APPROVAL Date of Action: October 19,'2005 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, 2005 5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A 1 EXHIBIT 991 Y9 TEMP RESO #10836 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 Fee Amount: N/A I J 1114 Public Works Engineering Fees Utility Engineering Fees Bonds (Utilities, Public Works) 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 On Site Beautification Local Traffic Impact Fees: Fee Amount: N/A Fee Amount: $1,824.00 2 VA 8. EXHIBIT 46113 TEMP RESO #10836 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 School Sites: N/A PROCESSING FEES (PAID) Major Revised Site Plan u-.\pats\userdata\wpdata\forms\I 0836drss $3,000.00 3 Exhibit 2 TEMP RESO *10836 TAMARAC UTILITIES BLANKET PUBLIC SAFE INGRESSIEGRESS EASEMENT PROJECT Golfview Townhomes (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this 10L day of August , 2005 by 8400 McNab, LLC- having an address of 210 N. Coconut Lane, Miami Beach, FL 33139 , (the "Grantor"), and the City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest 88 th 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 "A7, upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) 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 12 Townhomes 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. 9BI2W 2 Blanket Public Safety Ingress/Egress Easement IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first a0ove written. Itness Type Name CAZ w�s L\ - T!U—Ea� STATE OF FLORIDA SS COUNTY OF A&I, Z�2ApE--. (GRANTOR) 8400 McNab, LLC TY7*e/Title emArt4tiit- w6zdeV— Type Nametritle 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 --- RpiA, -alrJ 8LUn3 to me known to be the person(s) described in and who executed the foregoing instrument and Ye acknowledged before me and under oath,that ff-L executed the same. WITNESS my hand and official seal this day of 200 F. NOTARY PUBLIC, State(of Florida IVYSWANE5----` My COMMISSION # DD 134574 EXPIRES: Juiy 16,2W6 BMded Thru NoUry PWW*demdft Personally known to me, or ( ) Produced Identification ) DID take and oath, or ( wrallotary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced DID NOT take an oath. 9812M 3 Blanket Public Safety InWess/Egress Easement IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST- -Mario Sw ns ' CIVIC ri- . e on, City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: - LC:-, Joe,�9hreiber Mayor Date: ag, �VBY: , 7'r'� Jeffrey L� �Aillgr City Manager Date- 1(jagio's Approved as to form: B y: A 0 4- )A 1'4�" . 'I I Sam?el S. Grore I Interim Citv Atto ey COUNTY OF 9YQ W(W CL: 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 Joe 5chretbezonaJd4rev L Milldo me known to be the person(s) described in and who executed the foregoing instrument and 6%cM acknowledged before me and under oath that executed the same. J SS WITNESS my hand and official seal this d-0 day of 1)cA)eM12Cf 20_OS , Personally known to me, or Produced identification WaaAm- NOtRY PUBLIC, StatJ-o—f Florida at LaIrge e0 marlon Se"09 yllf� V my Cominouion D0200M VIV Expires October 24,2007 (Name of Notary Public- Print, Stamp, or Type as Commissioned) Type of I.D, Produced DID take an oath, or ( V(DID NOT take an oath 981208 4 Blanket Public Safety ingress/Egress Easement IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. Witness- MORTGAGEE Pan American Bank By: Type Name Leah Stewart By: Type Name Kenneth Osterb�rger STATE OF FLORIDA 6M COUNTY OF JP-m MAOA: Type Name Barry Goldberg Senior Vice President FA4 ArnCep,1CAAS 94tAK 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 4a((�4 cakcob?-(!� �5ve- — to me known to be the person(s) described in'and who executedb6 foregoing instrument and acknowledged before me and under oath that kQ-- executed the same. WITNESS my hand and official seal this I I day of Zuu -1 . IN 10" ALYSSA LORING MY COMMISSION # DD 419000 EXPIRES: Apdl 17, 2009 OMM Thru NoWry POIC UndervMters (Name bf No-ta'ry Pu lic. Print, Stamp, or type as CommissioZ Personally known to me, or Produced Identification Type of I.D. 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