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HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-105Temp. Reso. No. 12553 September 24, 2014 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R — 2014 /d. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING PLAT APPROVAL FOR THE "CHELSEA PLACE PLAT", TO ALLOW FOR FINAL PLAT APPROVAL (WITH CONDITIONS) FOR THE PROPERTY KNOWN AS CHELSEA PLACE TO ALLOW FOR THE IMPROVEMENT OF THE SUBJECT PROPERTIES INTO A SIXTY-EIGHT (68) UNIT TOWNHOUSE DEVELOPMENT AS REQUESTED BY SCOTT BACKMAN, ESQ., OF DUNAY, MISKEL, BACKMAN & BLATTNER, LLP, AND JONATHAN KEITH, P.E., DESIGNATED AGENTS FOR THE PROPERTY OWNER, WOODLANDS THJV, LLC, C/O PERRY VENTURES, FOR THE PROPERTIES LOCATED ON THE NORTH SIDE OF WEST COMMERCIAL BOULEVARD, ON THE EAST AND WEST SIDES OF NW 59 AVENUE, AT 5931 AND 5981 WEST COMMERCIAL BOULEVARD; (CASE NO. 1-P-14); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR EXECUTION OF SAID PLATS PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a Plat application has been submitted by Scott Backman, Esq., of Dunay, Miskel, Backman & Blattner, LLP, and Jonathan Keith, P.E., designated agents for the property owner, Woodlands THJV, LLC, c/o Perry Venture for approval by the City of Tamarac; and WHEREAS, pursuant to the instructions of the City Commission of Tamarac, Florida, a public meeting has been advertised in accordance with the applicable law of the date, time and place of the meeting regarding the review of the application for a development order by the applicant for development approval; and Temp. Reso. No. 12553 September 24, 2014 Page 2 WHEREAS, the Planning Board of the City of Tamarac has reviewed said Plat and has made recommendation for approval (with conditions) of said Plat on September 3, 2014; and WHEREAS, the City Engineer has reviewed said Plat and has made recommendation for approval and acceptance of said Plat by the City of Tamarac; and WHEREAS, the Director of Community Development recommends approval of the Plat; and WHEREAS, the Development Review Requirements of the Broward County Land Use Plan appeared to have been satisfied; and WHEREAS, the City Commission has examined the application, staff and Planning Board recommendations, and all 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 prior to the issuance of a Building Permit for the development that is the subject of the application; 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 grant Plat approval for the "Chelsea Place Plat", to allow for final Plat approval for the property known as Chelsea Place to allow for the improvement of the subject properties into asixty-eight (68) unit townhouse development as requested by Scott Backman, Esq., of Dunay, Miskel, Backman & Blattner, LLP, and Jonathan Keith, P.E., designated agents for the property owner, Woodlands THJV, LLC, c/o Perry Ventures, for the properties located on the north side of West Commercial Boulevard, on the east and west sides of NW 59 Avenue, at 5931 and 5981 West Commercial Boulevard. Temp. Reso. No. 12553 September 24, 2014 Page 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION L The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. All exhibits attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: That upon recommendation of the Planning Board, the Director of Community Development and the City Engineer, the Plat application submitted to grant Plat approval for the "Chelsea Place Plat", to allow for final Plat approval for the property known as Chelsea Place to allow for the improvement of the subject properties into a sixty- eight (68) unit townhouse development as requested by Scott Backman, Esq., of Dunay, Miskel, Backman & Blattner, LLP, and Jonathan Keith, P.E., designated agents for the property owner, Woodlands THJV, LLC, c/o Perry Ventures, for the properties located on the north side of West Commercial Boulevard, on the east and west sides of NW 59 Avenue, at 5931 and 5981 West Commercial Boulevard; is HEREBY APPROVED. SECTION I following conditions: That the approval of the Plat described hereto is subject to the 1. Proposed roadway, drainage and utility easements, shown on the New Development Site Plan for Chelsea Place and not dedicated pursuant to the Chelsea Place plat, shall be dedicated by separate instrument and recorded in the Public Records of Broward County at the applicant's expense prior to plat execution with original signature by the City Engineer. 2. An application for building permit for the construction of a principal building on the Temp. Reso. No. 12553 September 24, 2014 Page 4 subject properties will not be granted by the City's Building Department until the proposed Chelsea Place plat has been approved by the city and Broward County and recorded in the official records of Broward County at the applicant's expense. 3. No development permit will be issued by the city until an Impact Fee by Land Use for traffic generation, pursuant to Section 10-290, Code of Ordinances, is paid. 4. No development permit will be issued by the city until a Park and Recreation Impact Fee in the form of a cash payment, pursuant to Section 10-296, Code of Ordinances, is paid. 5. The approval of the proposed final Chelsea Place plat by the City Commission shall have full force and effect for a period of twenty-four (24) months. 6. The proposed Chelsea Place plat will expire and a new plat application will be required to be submitted to the City of Tamarac if the Chelsea Place plat is not filed for record by the Broward County Finance and Administrative Services Department, County Records Division —Recording Section within the twenty-four (24) month approval period. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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 portion or applications of this Resolution. SECTION 6: adoption. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this ATTEST: PATRICIA TEUFE CITY CLERK i I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM eAMUEL S. GOREN ITY ATTORNEY Temp. Reso. No. 12553 September 24, 2014 Page 5 day of HARRY DRESSLER, MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER 41i5,-a DIST 1: COMM. BUSHN L� DIST 2: VICE MAYOR GO DIST 3: COMM. GLASSE DIST 4: COMM. PLACKO , 2014.