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HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-155Temp Reso # 11634 November 2, 2009 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009- / 5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A TIME EXTENSION OF TWELVE (12) MONTHS FOR FINAL SITE PLAN APPROVAL, FOR THE SABAL PALM PROJECT REQUESTED BY SHAWN CHAIT, DESIGNATED AGENT FOR THE PROPERTY OWNER, PRESTIGE HOMES OF TAMARAC INC., (CASE NO. 12-SP-09); 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, Shawn Chait, Designated Agent for the property owner, Prestige Homes of Tamarac Florida Inc., has requested to have the Site Plan extended for twelve (12) months (hereto attached as Exhibit "1", incorporated herein and made a specific part thereof) ; and WHEREAS, the City Commission of the City of Tamarac, Florida, approved a Site Plan for the Sabal Palm project on April 25, 2007 via Resolution No. R-2007-57 (attached hereto as Exhibit "2", Temporary Resolution No. 11169); and WHEREAS, the City Commission of the City of Tamarac, Florida approved a Site Plan Extension for the Sabal Palm project on May 14, 2008 via Resolution No. R-2008-68 (attached hereto as Exhibit "3", Temporary Resolution No. 11398) WHEREAS, the Director of Community Development recommends approval of the twelve (12) months Site Plan Extension from the date of City Commission action regarding Temp Reso # 11634 November 2, 2009 this request; and Page 2 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 twelve (12) months for final Site Plan approval for the extension for Sabal Palm from the date of City Commission action regarding this request. 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 for a twelve (12) month extension for the Sabal Palm final Site Plan approval, requested by Shawn Chait, Designated Agent for the property owner, Prestige Homes of Tamarac, Inc., 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 "4", Temp Reso No. 11169 of Resolution No. R-2007-57) and approved final engineering drawings. E II Temp Reso # 11634 November 2, 2009 Page 3 B. Commencement of construction shall be no later than twelve (12) months from November 10, 2010 for the Sabal Palm Site Plan. If the development does not commence construction within twelve (12) months, 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. D. Additional conditions established in order to issue the revised development order are set forth as follows: That if, in the future, there were more stringent requirements for approval of a Site Plan, that Sabal Palm 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. Temp Reso # 11634 November 2, 2009 Page 4 SECTION 5: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this % 6 day of �'�'��% , 2009. ATTEST: JAM4ARJON SWE SON, CM CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. Vja�x11V_A_" SA MUEL S. OREN CITY ATT RNEY Ak < W C� BETH FLANSBAUM-TALABISCO MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM BUSHNELL DIST 2: VM ATKINS-GRAD DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER E 0 u Exhibit "1" �-!Ui'ME: V May 13, 2009 Ms. Deborah Ross, AICP Planning and Zoning Manager City of Tamarac Community Development 7525 N.W. 8e Avenue Tamarac, Florida 33321 Regarding: Saba[ Palm Justification Letter Dear Deborah: The applicant is requesting a Site Plan Extension, proposing to develop low density (i.e., single family and townhouse) residential uses that are compatible with the adjacent residential communities. In addition, the site design of the proposed development will include water bodies and other appropriate landscape buffers between the new development and existing contiguous uses in the area. The developer will also mitigate the impacts of the proposed development on public services and facilities through the payment of applicable impact fees; the dedication of land to the City of Tamarac for recreational and open space purposes, and the mitigation of the proposed development on public schools in accordance with Broward County School Board Policy No. 1161. The location of this residential development is near.mass transit routes and also conveniently located near transportation facilities. If you have any questions or require additional information, please do not hesitate to contact our office. incerely, awn Chait Prestige Homes of Tamarac Exhibit " 2 " Temp Reso #11169 — April 25, 2007 Revision #1 — 4/19/07 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007-,d_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ISSUING REVISED DEVELOPMENT ORDER NO. 337.1 AND GRANTING NEW DEVELOPMENT SITE PLAN APPROVAL FOR THE SABAL PALM PROJECT TO ALLOW THE CONSTRUCTION OF A. TOTAL OF FOUR -HUNDRED NINETY-SIX (496) DWELLING UNITS CONSISTING OF TWO - HUNDRED EIGHT (208), THREE (3), FOUR (4),AND FIVE (5) BEDROOM SINGLE-FAMILY DWELLING UNITS, AND TWO -HUNDRED EIGHTY-EIGHT (288) RESIDENTIAL TOWNHOMES CONSISTING OF TWO - HUNDRED FOURTEEN (214); TWO (2) BEDROOM UNITS AND SEVENTY-FOUR (74), THREE (3) BEDROOM UNITS WITH ASSOCIATED DRIVEWAYS, GUEST PARKING, LANDSCAPING, AND INFRASTRUCTURE IMPROVEMENTS, LOCATED BETWEEN FLORIDA'S TURNPIKE AND ROCK ISLAND ROAD ON THE NORTH AND SOUTH SIDE OF COMMERCIAL BOULEVARD; (CASE NO. 13-SP- 07); 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 #11169 — April 25, 2007 Revision #1 — 4119/07 Page 2 of 5 WHEREAS, the City Commission has examined the application, the staff and Planning Board recommendations, and the Development Review Status Sheet dated April 25, 2007 (attached hereto as Exhibit "I"); and WHEREAS, the Director of Community Development recommends approval; and WHEREAS, the Planning Board recommended approval on April 18, 2007; 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. 337.1 and grant New Development Site Plan approval for the Sabal Palm Project to allow the construction of a total of four -hundred ninety-six (496) dwelling units consisting of two -hundred eight (208), three (3), four (4),and five (5) bedroom single-family dwelling units, and two -hundred eighty-eight (288) residential townhomes consisting of two -hundred fourteen (214), two (2) bedroom units and seventy-four (74), three (3) bedroom units with associated driveways, guest parking, landscaping, and infrastructure improvements, located between Florida's Turnpike and Rock Island Road on the north and south side of Commercial Boulevard; and 1 L�' Temp Reso #11169 — April 25, 2007 Revision #1 — 4119/07 Page 3 of 5 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 the Sabal Palm Project to allow the construction of a total of four -hundred ninety-six (496) dwelling units consisting of two -hundred eight (208), three (3), four (4),and five (5) bedroom single-family dwelling units, and two -hundred eighty-eight (288) residential townhomes consisting of two -hundred fourteen (214), two (2) bedroom units and seventy-four (74), three (3) bedroom units.with associated driveways, guest parking, landscaping, and infrastructure improvements, located between Florida's Turnpike and Rock Island Road on the north and south side of Commercial Boulevard; 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. Temp Reso #11169 — April 25, 2007 Revision #1 — 4119/07 Page 4 of 5 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. E. Local Traffic Impact Fees in the amount of $87,664.00 are due per Section 10-290(c) of the City's Land Development Code. F. Streetscape Improvement Fees in the amount of $99,200.00 are due per Section 10-313(b) of the City's Land Development Code. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repeaied to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its adoption. Temp Reso #11169 — April 25, 2007 Revision #1 — 4/19/07 Page 5 of 5 PASSED, ADOPTED AND APPROVED this ;k day of April , 2007. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that, I have approved this RESOLUTION as to form. LOW$,) SAMU S. REN CITY ATT RNEY n 6 9(� BETH FL.ANSBAUM-TALABISCO MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM. PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: V/M SU1_TANOF DIST 4: COMM. DRESSLER TEMP RESO #11169 CITY OF TAMARAC 7525 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (954) 597.3530 DEVELOPMENT REVIEW STATUS SHEET Date: April 25, 2007 Orig, Dev. Order: 337.1 Revised Dev. Order: NIA Project: Sabal Palm Master File: 05-03 Location: Between Florida's Turnpike and Rock Island Road on the north and south side of Commercial Boulevard Developer: HSQ Group, Inc. Owner: Prestige Homes of Tamarac, Inc. Zoning: S-1 Future Land Use Designation: Low (0-5) Residential Acres: 118.03 acres, more or less Recommended Date for Commission Action: April 25, 2007 1. DEVELOPMENT ORDER FOR: NEW DEVELOPMENT SITE PLAN APPROVAL Comments: Subject to Findings. 2. PLANNING BOARD RECOMMENDATION: APPROVAL Date of Action: April 18, 2007 Planning Board findings of compliance with certified Plan: Yes 3. FINAL ENGINEERING DRAWINGS: On file in the City Engineer's Office 4. LANDSCAPE PLAN: August 31, 2006 5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: NIA 1 TEMP RESO #11169 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 H. Public Works Engineering Fees Utility Engineering Fees I. Bonds (Utilities, Public Works) Fee Amount: N/A Fee Amount: To be determined Fee Amount: Determined by certified Cost Estimates. Bond Amount: Determined by certified Cost Estimates. Date: Approved by City Engineer NIA Utilities Engineer N/A City Attorney N/A J. On Site Beautification Fee Amount: N/A K. Local Traffic Impact Fees: Fee Amount: $87,664.00 2 TEMP RESO #11169 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 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 H. Local Parks (Parks and Recreation Facilities) School Sites: N/A 8. PROCESSING FEES (PAID) New Development Site Plan 3 DOES NOT COMPLY DOES NOT COMPLY DOES NOT COMPLY Hampton Hills Site Plan File $3,000.00 Exhibit " 3 " 1 Temp Reso # 11398 — May 5, 2008 Revision #1 — May 12, 2008 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2008- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A TIME EXTENSION OF TWELVE (12) MONTHS FOR FINAL SITE PLAN APPROVAL AND DENIAL OF A WAIVER OF THE FEE FOR THE EXTENSION FOR THE SABAL PALM PROJECT, REQUESTED BY THE LAW OFFICE OF BILLING AND COCHRAN (GERALD L. KNIGHT), ON BEHALF OF BRUCE CHAIT, OWNER OF PRESTIGE HOMES, APPLICANT (CASE NO. 6-SP-08); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN 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, the City Commission of the City of Tamarac, Florida, approved a Site Plan for Sabal Palm on April 25, 2007 via Resolution No. R-2007-57 (attached hereto as Exhibit "2", Temp Reso No. 11169); and WHEREAS, the Law Office of Billing and Cochran (Gerald L. Knight), on behalf of Bruce Chait, Owner of Prestige Homes, applicant, for Sabal Palm has requested to have the Site Plan extended for twelve (12) months and a waiver of the fee for the extension ; and WHEREAS, the Director of Community Development recommends approval of the twelve (12) months Site Plan Extension and denial of a waiver of the fee for the extension (attached hereto as Exhibit "1 " and Exhibit "4"); 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 twelve (12) months for final Site Plan approval and a waiver of the fee for Temp Reso # 11398 — May 5, 2008 Revision #1 — May 12, 2008 Page 2 the extension for Sabal Palm requested by the Law Office of Billing and Cochran (Gerald L. Knight), on behalf of Bruce Chait, Owner of Prestige Homes, applicant. 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 for a twelve (12) month extension for the Sabal Palm final Site Plan and a waiver of the fee for the extension, requested by the Law Office Billing and Cochran (Gerald L. Knight), on behalf of Bruce Chait, owner of Prestige Homes, applicant 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", Temp Reso No. 11169 of Resolution No. R-2007-57) and approved final engineering drawings. B. Commencement of construction shall be no later than twelve (12) months from April 25, 2008 for the Sabal Palm Site Plan. If the development does not commence construction within twelve (12) months, 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. D. Additional conditions established in order to issue the revised L, Temp Reso # 11398 — May 5, 2008 Revision #1 — May 12, 2008 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 Sabal Palm 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 /0-1day,of . 2008. BETH FLANSBAUM-TALABrsco MAYOR ATTEST: MARION'SWENSON, CM CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. yAMUEL S. GOREN `�u L CITY ATTORNEY RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABIS O DIST 1: COMM PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: VIM SULTANOF DIST 4: COMM. DRESSLER (&LZ INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. DESIGNATION OF AGENT FOR UASI-JUDICIAL PROCEEDINGS DATE: lob SQ . CASE NO.: 5 -114- 09 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. , WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING TO BE HELD IN MY ABSENCE. IN ADDITION, HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS FELATING TO ANY PROCEEDINGS RELATED TO Sabah Palm, 5101 West Commercial Boulevard Tamarac FL. (Address of subject property) THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATURE OF OWNER: Bruce Chait (Print Name of Owner) STATE OF FLORIDA: COUNTY OF BROWARD: NAME/ADDRESS AND PHONE NO. OF SIGNAT D A ENT: huwd ChOA Illy, (Pt t Name of Designated Agent) ��fG.� Phone: 114) 31q-37X Fax: TN Ig4,B6sZ The foregoing instrument was acknowledged before me this 6th day of May , 2009, by Bruce Chait, owner of property, who is personally known to me or has produced identification ( ) and (type of identification) whdid/did not) take an oath. tary Public State of Florida My Commission Expires: (Type or print name of Notary) "; OTARY PUBLIC -STATE OF FLORIDA Kim 1. Loss Commission # DD796970 Expires: AUG. 02, 2012 BONDLD THRU ATLANTIC BONDING CO., INC. g+ Community Development 7525 NW 88th Avenue Tamarac, FL 33321 Telephone (954) 597-3530 Fax (954)_597-3540 0� L9 FOR S v AFF USE ONLY: CASE #: IU-SQ -UJ Master File #: Project #• cQ a Date Received: Received by: `5 - H GQ Zoning district: Land Use Classification: Surrounding zoning: North: South: East: West: Fee Collectedm SP-CASE DEVELOPMENT APPLICATION (Incomplete Applications will not be accepted.) Type/Purpose of Development Request: Site Plan Extension Project Name: Sabal Palm Project Address (if applicable): 5101 West Commercial Boulevard Project Location: 5101 West Commercial Boulevard Parcel Size: 119.03 acres acres/sq. ft. Folio No. Project Description: Sabal Palm North — 288 Townhomes 34 Single Family Sabah Palm South —174 Single Family (identify modifications being made to the site including # of units, sq.-footage, etc.) Agent/Contact) KOL Q� / Phone: 15�1 3`�`}-371 � Fax: 1.9N/l 3` q, W2 Addr ss: l `� it, f >lti .S 0(o i E-Mail Address: r@ t i1r► Sow c Property Owner's Name: Prestige Homes of Tamarac Inc. Phone: 954 344-3776 Address: 11784 West Sample Road Suite 101 Coral Springs FL 33065 NOTE: Must also include notarized designation of quasi judicial form.