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HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-012Temp. Reso. No. 12445 January 8, 2014 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2014/OZ - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE REQUEST OF HOWARD JABLON, P.E. OF A.J. HYDRO ENGINEERING, INC., DESIGNATED AGENT FOR THE PROPERTY OWNER, KLEMOW PARK PLACE AT WOODMONT, LLC., TO AMEND THE DECLARATION OF RESTRICTIVE COVENANTS FOR PARK PLACE AT WOODMONT (I.C. PLAT) AS RECORDED IN OFFICIAL RECORD BOOK 130, PAGE 35 TO REFLECT THAT THE PLAT IS RESTRICTED TO 20 TOWNHOUSE UNITS (CASE NO. 6-P-13); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN . EFFECTIVE DATE. WHEREAS, the plat for Lago Tamarac, LLC was recorded on April 1, 1987 in -the public records of Broward County, Florida in Plat Book 130, Page 35; and WHEREAS, the property within the Lago Tamarac, LLC Plat was purchased by Klemow Park Place at Woodmont, LLC on July 11, 2013; and WHEREAS, the owner of the property has been granted approval by the City Commission of the City of Tamarac, Florida to development twenty (20) townhouse units via Resolution No. R-2013-55 (attached hereto as Exhibit "1", incorporated therein and made a specific part thereof); and Temp. Reso. No. 12445 January 8, 2014 Page 2 WHEREAS, the current plat note restricts development to professional offices, banks, savings and loan associations, eat -in restaurants not of a fast food variety and not in free standing buildings; and and WHEREAS, the amended plat note will restrict the Plat to 20 townhouse units; WHEREAS, the City Commission has determined that the application is in compliance with all elements of the Comprehensive Plan; and WHEREAS, the Director of Community Development recommends approval of this Delegation Request; and WHEREAS, the Planning Board recommended approval of this application at its January 8, 2014 public hearing; 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 approve the request of Howard Jablon, P.E. of A.J. Hydro Engineering, Inc., Designated Agent for the property owner, Klemow Park Place at Woodmont, LLC., to amend the Declaration of Restrictive Covenants for Park Place at Woodmont (I.C. Plat) as recorded in Official Record Book 130, Page 35 to reflect that the Plat is restricted to twenty (20) townhouse units; and Temp. Reso. No. 12445 January 8, 2014 Page 3 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; all exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: That the request to amend the Declaration of Restrictive Covenants for Park Place at Woodmont as recorded in Official Record Book 130, Page 35, is hereby approved. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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 5: adoption. Temp. Reso. No. 12445 January 8, 2014 Page 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this ATTEST: r PATRICIA TEU CITY CLERK L', CMC I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM //71 /Y Y. SAMJkL S. GORiffN CITY ATTORNEY o? a day of HARRY DRESSLER, MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BUSHN L� DIST 2: WM GOMEZ 09:g DIST 3: COMM. GLAS ER 2014. Exhibit 1 Temp. Reso. No. 12337 May 22, 2013 1st Revision 6/12J2013 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2013-`f�' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ISSUING DEVELOPMENT ORDER NO.343 AND GRANT NEW DEVELOPMENT SITE PLAN APPROVAL FOR THE PARK PLACE AT WOODMONT PROJECT, TO ALLOW FOR THE CONSTRUCTION OF A TWENTY (20) UNIT TOWNHOUSE DEVELOPMENT, FOR THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF PINE ISLAND ROAD (NW 88TH AVENUE) AND NW 77TH STREET (SPECIFICALLY PARCEL A, I.C. PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 130, PAGE 35 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA) (CASE NO. 8-SP-13), PROVIDING FOR CONFLICTS; PROVIDING FOR 0 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 WHEREAS the Director of Community Development recommends approval; and WHEREAS, the Planning Board recommended approval on May 1, 2013; and WHEREAS, the City Commission has examined the application, the staff and Planning Board recommendations, and the Development Review Statue Sheet dated May 22, 2013. (attached hereto as Exhibit 01 ", incorporated therein and made a specific part thereof), and Temp. Reso. No. 12337 May 22, 2013 1 Revision 6/12/2013 Page 2 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 It 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 Developrnent Order No. 343 and grant New Development Site Plan approval for the Park Place at Woodmont project, to allow for the construction of a twenty (20) unit townhouse development, for the property located at the southwest corner of Pine Island Road (NW 88th Avenue) and NW 77th Street, specifically Parcel A, I.C. Plat, according to the Plat thereof as recorded in Plat Book 130, Page 35 of 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. All exhibits attached hereto are incorporated herein and made a specific part of this resolution. 1 Temp. Reso. No. 12337 May 22, 2013 1st Revision 6/12/2013 Page 3 SECTION 2: That the application of the New Development Site Plan for Park Place at Woodmont project to allow for the construction of a twenty (20) unit townhouse � property development, for the located at the southwest corner of Pine Island Road (NW p 88th Avenue) and NW 77th Street, specifically Parcel A, I.C. Plat, according to the Plat thereof as recorded in Plat Book 130, Page 35 of the public records of Broward County, Florida; is HEREBY APPROVED subject to the following condition: 1. The applicant will satisfy park dedication requirements in keeping with Section 1 o-296 of the City of Tamarac's Code of Ordinances. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict SECTION 4: 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 5: This Resolution shall become effective immediately, upon its adoption. PASSED, ADOPTED AND APPROVED this ATTEST: K. PATRICIA TEUFEL, MC INTERIM CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM Y SAMUEL S. GOREN CITY ATTORNEY Temp. Reso. No. 12337 May 22, 2013 1 s Revision 6/12/2013 Page 4 102 day of Q--O� 40, MAYOR RECORD OF COMMISSION VOTE: MAYOR TALABISCO DIST 1: COMM. BUSHN L ir4j DIST 2: COMM. ATKINS•GR DIST 3: COMM. GLASSER DIST 4: VIM DRESSLER 2013.