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HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-099Temp Reso # 11897 July 5, 2010 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2010- 4?9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A TIME EXTENSION OF ONE (1) YEAR FOR FINAL SITE PLAN APPROVAL FOR THE ST. MORITZ DEVELOPMENT, AS REQUESTED BY HSQ GROUP, INC. (JAY HUEBNER), APPLICANT (CASE NO. 11-SP- 10); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 10 of the City of Tamarac Code of Ordinances provides that the City Commission may grant time extensions on Site Plan approvals; and WHEREAS, HSQ Group, Inc. (Jay Huebner), Designated Agent for the property owner, Silvio Cardoso/United Homes International has requested to have the Site Plan extended for one (1) year (attached hereto as Exhibit "l Justification Letter, incorporated herein and made a specific part thereof); and WHEREAS, the City Commission of the City of Tamarac, Florida, approved a New Development Site Plan for the St. Moritz project on June 14, 2006 via Resolution No. R- 2006-99 (attached hereto as Exhibit "2" - Temp Reso. No. 10973, incorporated herein and made a specific part thereof); and WHEREAS, the Director of Community Development recommends approval of the one (1) year Site Plan Extension; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to grant a time extension of one (1) year for final Site Plan approval for the St. Moritz project as requested by HSQ Group, Inc. (Jay Huebner), Designated Agent for the property owner, Silvio Cardoso/United Homes International. Temp Reso # 11897 July 5, 2010 Page 2 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 application fora one (1) year extension for the St. Moritz final Site Plan, requested by HSQ Group, Inc. (Jay Huebner), Designated Agent for the property owner, Silvio Cardoso/United Homes International, 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 (attached hereto as Exhibit "3", of Temporary Resolution No. 10973) and approved final engineering drawings. B. Commencement of construction shall be no later than one (1) year from July 14, 2010 for the St. Moritz project. 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 revised 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 requirements. 1 D. Additional conditions established in order to issue the revised Temp Reso # 11897 July 5, 2010 Page 3 development order are set forth as follows: That if, in the future, there were more stringent requirements for approval of a Site Plan, that Mural Plaza would modify their Site Plan to accommodate those new regulations. 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 day of , 2010. BETH TALAB SCO, MAYOR I�MARION SWEI#ON, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. �A 4UELS. GOREN ' CITY ATTORNEY Record of COMMISSION V M. MAYOR TALABISCO DIST 1: COMM BUSHNELL DIST 3: COMM GLASSER DIST 4: VM DRESSLER City Commission July 14, 2010 Site Plan Extension Temp. Reso. No.11897 Jennifer Bramley, Director Community Development Department 7525 N.W. 88th Ave Tamarac, FL 33321-2401 Tlelephone (954) 597-3530 HSQ GROUP, INc Exhbt - Consulting Engineers •Planners • Transportation 1489 W. Palmetto Park Road, Suite 340 Boca Raton, FL. 33486 (561) 392-0221 Phone - (561) 392-6458 Fax June 2, 2010 Frank L. Zickar Planning and Zoning Manager Community Development Department City of Tamarac 7525 NW 88th Ave, Tamarac, FL 33321 Re: ST. MORITZ — SITE PLAN EXTENSION JUSTIFICATION STATEMENT HSQ Project Number: 0501-05 Dear Mr. Zickar: The St. Moritz development was originally approved by the City Commission in 2005 and developed by St. Moritz Townhomes, Inc. This development consists of 36 town house units. The developer has already completed the infrastructure for the project to include water, sewer, paving, drainage, and landscaping per the approved plans. The developer constructed the first building in 2006 and planned to construct the remaining buildings based upon sales of the units. Due to the economic and housing crash the developer has not been able to sell more units at a reasonable price. The properties for sale in the surrounding communities are less than the cost to build the units at St. Moritz. This has caused the property appraisers to lower their property value assessments reducing the chances of a buyer to obtain a loan to purchase a unit. St. Moritz Townhomes, Inc. is willing to finish the project as the housing market returns to more normal conditions. We are requesting the City of Tamarac to extend the site plan approval for a year or more to assist the developer during these hard economic times. If you have any questions or require additional information please do not hesitate to contact my office. Sincerely, HSQ GROUP, INC. Jay Huebner, P.E., A.I.C.P., LEED AP Principal Florida Registration Number 54615 YAHSQ Closed Projects\2005\0501-5 St. Moritz\Correspondence\stmodtzjustification.doc Exhbit "2" Temp Reso #10973 — May 18, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006-.-�---1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ISSUING REVISED DEVELOPMENT ORDER NO. 335.1 AND GRANTING NEW DEVELOPMENT SITE PLAN APPROVAL FOR ST. MORITZ TO ALLOW THE CONSTRUCTION OF THIRTY-SIX (36), TWO -BEDROOM TOWNHOME UNITS WITH ASSOCIATED DRIVEWAYS, GUEST PARKING, LANDSCAPING AND INFRASTRUCTURE IMPROVEMENTS, AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT WITH UNITED HOMES INTERNATIONAL, INC. FOR THE ST. MORITZ PROJECT, LOCATED AT 5902-6030 WOODLANDS BOULEVARD, SPECIFICALLY THAT PORTION OF TRACT 9 OF THE "FORT LAUDERDALE TRUCK FARMS SUBDIVISION" OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS SHOWN ON THE PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 31 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. 4-SP-06); 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 #10973 — May 18, 2006 Page 2 WHEREAS, the City Commission has examined the application, the staff and Planning Board recommendations, and the Development Review Status Sheet dated May 18, 2006 (attached hereto as Exhibit "I"); and WHEREAS, the Planning Board recommended approval on May 17, 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. 335.1 and grant New Development Site Plan approval for St. Moritz to allow the construction of thirty-six (36), two -bedroom townhome units with associated driveways, guest parking, landscaping and infrastructure improvements, located at 5902-6030 Woodlands Boulevard, specifically Tract 9 of the "Fort Lauderdale Truck Farms Subdivision" of Section 11, Township 49 South, Range 41 East, as shown on the Plat., according to the Plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida; and Temp Reso #10973 — May 18, 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 "21 with United Homes International, Inc., Grantor for the St. Moritz Project located at 5902- 6030 Woodlands Boulevard, 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 St.. Moritz to allow the construction of thirty-six (36) two -bedroom townhome units with associated driveways, guest parking, landscaping and infrastructure improvements, located at 6209-6030 Woodlands Boulevard, specifically Tract 9 of the "Fort Lauderdale Truck Farms Subdivision" of Section 11, Township 49 South, Range 41 East, as shown on the Plat„ according to the Plat thereof as recorded in Plat Book 4, Page 31 of the Temp Reso #10973 — May 18, 2006 Page 4 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 Revised 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 $5,472.00 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 $7,200.00 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 are due per Section 10-296(3Xd) of the City's Land Development Code prior to issuance of a Building Permit. 1 1 1 Temp Reso #10973 — May 18, 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 7) with United Homes International, Inc. for the St. Moritz Project located at 5902-6030 Woodlands Boulevard. 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 #10973 — May 18, 2006 Page 6 SECTION 7: This Resolution shall become effective immediately upon Its adoption. PASSED, ADOPTED AND APPROVED this I q f h day of o t ne, , 2006. '91ETH FLANSBAUM-TALABISCO MAYOR ATTEST: RECORD OF COMMISSION VOTE: MARION SWENS , CMC MAYOR FLANSBAUM-TALABISCO CITY CLERK DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF I HEREBY CERTIFY that I have approved this RESOLUTION as to form. S. G b EN -� 4 /�.,-d- C Y ATTORNEY Exhbit "3" TEMP RESO #10973 CITY OF TAMARAC 7525 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (954) 597-3530 DEVELOPMENT REVIEW STATUS SHEET Date: May 18, 2006 Orig. Dev. Order: 335 Revised Dev. Order: 335.1 Project: St. Moritz Master File: 05-02 Location: 5902-6030 Woodlands Boulevard Developer: United Homes International, Inc. Owner: Silvio Cardoso, United Homes International, Inc. Zoning: R-3 (Low -Density Multi -Family Residential) Future Land Use Designation: Low- Medium (5-10) Residential Acres: 3.69 gross acres, more or less Recommended Date for Commission Action: June 14, 2006 1. DEVELOPMENT ORDER FOR: NEW DEVELOPMENT SITE PLAN APPROVAL Comments: Subject to Findings. 2. PLANNING BOARD RECOMMENDATION: APPROVAL Date of Action: May 17, 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: April 24, 2006 6, BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A I TEMP RESO #10973 S. 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: To be determined H. Public Works Engineering Fees Fee Amount: To be determined J. K. Utility Engineering Fees Bonds (Utilities, Public Works) 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 Fee Amount: NIA Local Traffic Impact Fees: Fee Amount: $5,472.00 2 TEMP RESO #10973 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 DOES NOT COMPLY F. Local Streets and Roads Compliance with Minimum Standards: COMPLIES X WILL COMPLY DOES NOT COMPLY G. Police Protection Service Compliance with Minimum Standards: COMPLIES WILL COMPLY X DOES NOT COMPLY H. Local Parks (Parks and Recreation Facilities) N/A I. School Sites: N/A B. PROCESSING PEES (PAID) New Development Site Plan $3,000.00 uApats\userd sta\wpd ata\forms\10973d rss 3 INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEEDINGS DATE: 10 CASE NO.: W'se l o IN THE MATTER OF: ANY PERSON APPEARING ON YOUR BEHALF, IN YOUR ABSENCE, MUST BE DESIGNATED AS YOUR AGENT ON THIS FORM OR SUCH PERSON WILL NOT BE ENTITLED TO SPEAK AT THE QUASI-JUCIDIAL HEARING AND THE MATTER MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY. Ja Huebner P.E. WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING TO BE HELD IN MY ABSENCE. IN ADDITION, Ja Huebner P.E. HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO St. Moritz -Woodlands Blvd. North of Commercial (Address of subject property) THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATURE OF OWNER: Aad oso (Print Name of Owner) STATE OF FLORIDA: COUNTY OF BROWARD: NAME/ADDRESS AND PHONE NO. OF DESIGNATED AGENT: Jay Huebner P.E. A.I.C.P. (Print Name of Designated Agent) 1489 W. Palmetto Park Rd./Suite 340 Boca Raton, FL 33486 Phone: 561-392-0221 Fax: 561-392-6458 The foregoing instrument was acknowledwo before me this /0 day of 20� �, by43 )A owner of property, who is personally known to me or has produced identification (type of identification) who (did/di�dnot) take an oath. Notary Public State of Florida Commission E fires: (Type or print name of Notary) and ;fraf RAW + 988 NOTARY PUS K41Amor it == (Rj= A�;17D916988 M,�013 ao�a �tunrr n� saxnataoa,�NC.