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Home My WebLink AboutCity of Tamarac Resolution R-2006-066Temp Reso #10892 — March 6, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006--" A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ISSUING DEVELOPMENT ORDER NO. 333 AND GRANTING NEW DEVELOPMENT SITE PLAN APPROVAL FOR TAMARAC CIRCLE TO ALLOW THE CONSTRUCTION OF FOUR (4) TWO- STORY, SINGLE-FAMILY HOMES RANGING IN SIZE FROM 2,757 SQUARE FEET TO 2,898 SQUARE FEET WITH ASSOCIATED DRIVEWAYS, LANDSCAPING AND INFRASTRUCTURE IMPROVEMENTS, AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT WITH PAUL HARRY BENJAMIN FOR THE TAMARAC CIRCLE PROJECT, LOCATED APPROXIMATELY 579 FEET NORTH OF COMMERCIAL BOULEVARD ON THE WEST SIDE OF ROCK ISLAND ROAD, SPECIFICALLY TRACT "A" OF THE "COMROCK PLAT", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 95, PAGE 47 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. 16-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 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 Development Order and New Development Site Plan for development approval; and Temp Reso #10892 — March 6, 2006 Page 2 WHEREAS, the City Commission has examined the application, the staff and Planning Board recommendations, and the Development Review Status Sheet dated March 6, 2006 (attached hereto as Exhibit "'I"); and WHEREAS, the Planning Board recommended approval on January 18, 2006; and WHEREAS, the Director of Community Development recommends approval; and WHEREAS, the City Commission reviewed this 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 Development Order No. 333 and grant New Development Site Plan approval for Tamarac Circle to allow the construction of four (4) two-story, single-family homes ranging in size from 2,757 square feet to 2,898 square feet, along with associated driveways, landscaping and infrastructure improvements, located approximately 579 feet north of Commercial Boulevard on the west side of Rock Island Road, specifically Tract ""A" of the "Comrock Plat", according to the Plat thereof as recorded in Plat Book 95, Page 47 of the Public Records of Broward County, Florida; and I 1 Temp Reso #10892 — March 6, 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 "2") with Paul Harry Benjamin, Grantor, for the Tamarac Circle Project located approximately 579 feet north of Commercial Boulevard on the west side of Rock Island 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 New Development Site Plan for Tamarac Circle to allow the construction of four (4) two-story, single-family homes ranging in size from 2,757 square feet to 2,898 square feet, along with associated driveways, landscaping and infrastructure improvements, located approximately 579 feet north of Commercial Boulevard on the west side of Rock Island Road, specifically Tract "A" of the Temp Reso #10892 — March 6, 2006 Page 4 "Comrock Plat', according to the Plat thereof as recorded in Plat Book 95, Page 47 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. E. Local Traffic Impact Fees in the amount of $844.00 is due per Section 10- 290(c) of the City's Land Development Code prior to issuance of a Building Im"r"i1I# F. Streetscape Improvement Fees in the amount of $800.00 is due per Section 10-313(b) of the City's Land Development Code prior to issuance of a Building Permit. 1 1 1 Temp Reso #10892 — March 6, 2006 Page 5 G. Parks and Recreation Impact Fees in the amount of $6,439.18 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 Paul Harry Benjamin for the Tamarac Circle Project located approximately 579 feet north of Commercial Boulevard on the west side of Rock Island 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 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. SECTION 7: adoption. Temp Reso #10892 — March 6, 2006 Page 6 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 4 day of AjpYj 1 , 2006 ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. � ez // SAMUE1 S. GOREN CITY ATTORNEY commdev\u:\pats\userdata\wpdata\res/r10892reso BETA A NSBAUM-TALABISCO MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD_ DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER 1 I C EXHIBIT "1" TEMP RESO #10892 CITY OF TAMARAC 7525 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (954) 597-3530 DEVELOPMENT REVIEW STATUS SHEET Date: March 6, 2006 Orig. Dev, Order: 333 Revised Dev. Order: Project: Tamarac Circle Master File: 02-78 Location: Approximately 579 feet north of Commercial Boulevard on the west side of Rock Island Road Developer: Virtual Design Group Owner: Paul Harry Benjamin Zoning: R-1 C Future Land Use Designation: Low (0-5 du/ac) Residential Acres: 1.12 gross acres, more or less Recommended Date for Commission Action: February 8, 2006 1. DEVELOPMENT ORDER FOR: NEW DEVELOPMENT SITE PLAN APPROVAL Comments: Subject to Findings. 2. PLANNING BOARD RECOMMENDATION: APPROVAL Date of Action: January 18, 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: December 7, 2005 5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A 1 EXHIBIT $61" TEMP RESO #10892 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: $6,439.18 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 J. On Site Beautification Fee Amount: N/A K. Local Traffic Impact Fees: Fee Amount: $844.00 2 EXHIBIT 66 1" TEMP RESO #10892 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 8. PROCESSING FEES (PAID) New Development Site Plan $3,000.00 u Apats\userdata\wpdata\forms\10892drss 3 EXHIBIT 112" TEMP RESO #10892 TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: Tamarac Circle (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this day of�,2004 by Paul Harry Benjamin, having an address of 1800 SE 10t" Ave.,. Suite 240, Fort Lauderdale, FL 33316, (the "Grantor"), and the City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest 88t" 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 "A°, upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the sum of ten Dollar ($10.00) 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 Single Familx Homes 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. 981208 2 Blanket Public Safety Ingress/Egress Easement IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. (GRANTOR) Witness Type Name/Title -2 F+ 1 e. a- l'k1 Type Nameq Witness Type Name Type Name/Title STATE OF FLORIDA SS COUNTY OF 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 A� 4ri /�s> y ley >4�` �y, �, to me known to be the person(s) described in and who executed the foregoing instrument and _,qe acknowledged before me and under oath that �4e— executed the same. WITNESS my hand and official seal this Q i day of 20_f_j/. -71 AN z=, ocev- NOTARY N�lBLIC State of Florida at Large rOFFLORIDA �Monres (Name of "R E'lt e ni oA*mp, or type as Commissioned) ( Personalty known to me, or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 981208 3 Blanket Public Safety Ingress/Egress Easement IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: By: -. Marion Swenson, CIVIC --City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE 4- By: 4 r'7 Jeffrey L.Miller" City Manager Date:. Approved as t r 11. By: Samuel S. Goren, SS City Attorney COUNTY OF ! r I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State fore aid and in the County aforesaid to take acknowledgments, personally appeared ' r to me know to be the person(s) described in and who execilted the foregoing instrument and 6!, acknowledged before me and under oath that _ThPr executed the same. WITNESS my hand and official seal this day of , 20_0�2. NO ARY PUBLIC, State bf Florida at LaIrge � . Marion serptm My Commission DD260279 Expires October 24.2007 (Name of Notary Public: Print, Stamp, ( Personally known to me, or or Type as Commissioned) ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or ( DID NOT take an oath IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. 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. ATTEST: MORTGAGEE Gaddis Capital Corporation By: By: Type Name Type Name e 6G 1 J r s Corporate Secretary President STATE OF FLORIDA : SS COUNTY OF 04,4, d 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 _ �—e Sf e 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 IYe- executed the same. WITNESS my hand and official seal this ;21 day of ,Selr , 20 05' . .WO�pSandra J. Black •�%�«: Cernrriwsjon # DD401923 OS,rowpresApril 14, 2009 eoYnm i�c. WQ�386-7019 (><I Personally known to me, or ( ) Produced Identification ,1Z -. r�h --, � �dL C.�- N TARY PUBI_ , State of Florida at Large SAti t , /34, -Clc (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 981208 5 Blanket Public Safety Ingress/Egress Easement Oet•k06 05 03: 35p Virtual Design Group EXHIBIT "A" p. 6 AOUIDAW BURM -mm 173ma, I=. rm"m 9 RAW(M) 4744� tZZ=C ATE 08 ff"Mi I t"m ABDD.CMA LSGAL CGSCFMwrKMs TRAG' % Or =M);= ACCORDING TO THE PIAT TRIM" AS i1V r p I r-C IN FIAT DODK 95 AT FAGC 47 Or THG mmm mxxRD6 or oKOWAKp COuN)Y, RDRICA. Nam 1) M&AMONS, Ir 5HONM "OWN, AFM RAATIVC TO THE NATInJM GCODC)1G VMUWAI CATUM OF 1929. 21 UNCIPMOUND %97CVCAAACMTS AND)OR UNDCRGR4UND DKROAC)fi49MM NOT L0CAT1'D OR9HOw11I 8) BEARINGSANGLES SHOWN HCRL"ON RQLR TO THE AOOVC MCKnONID PLAT OR LCCsAL 01=0MION. 4) R00F OVEpMANG NOT LOCATED LXIUW 01HCIGMSE SHOWN. 9) THO 5umv IS POK Tif1,C AM MORTGA= r(Aw'0599 ONLY. Q RZASONADLE U?MTS WW MACE R1:GARpWG MC I MSTENGII Mm UXAnoN OP UNDMKOUNP U)'ILRIR3. TH)S MRM, ""WIVE& COOS NOT ACCCPT RESPONMILITY FOR THL91NrORINATION, t a9M C)TCJWATION, CCMACr THE ArrROPR)ME UTILHY COAAPANIM FOR FIELD VMMCATTON. 7) ALL MAMNGS/ANGLC9 AND DLWTANCGS SHOWN MOON ARE BOM FAC45LWM ON THE GROUIJO AND RCOCRD W rM PLAT) UNL@9 OTHCR MC ZHONM. C) "SURVEY LS CPJMED EXCLUSWELY TOe HARRY DEN)AAMN 9) q 1O OOIM" IN151 W GRACE MAMN, NCO* LAND9'JHOWN HCIkEON WCRC NOTADSTKACMQ tylm SURMnx roR RIGHmOr-WAY ANNOK CASM4M5 Or M=ORO. T11CIMMM ONLY TM OC RIGHT$OP-WIAY ANp C49CMCNT9 SHDWN ON TNI: Rp'MCM PLAT ARC SHOWN. � ,raw FW tlOC)K A. MCe a L (AJ' FCR FMT) n an `� `' r & 2440C a FS W ) r +� •S �I 1 IB Id I-ANII.AT J `�a "4 S TRACT #Av 1 1� PLATWOK911. PAM 47 1 1 �`9 01 •4 +�wa e4 .P3 I 00MOKE111IFT TYtAT7H155UP11�1r�aR�. �t1�'C �� FA' 27. ruawoA 9T �vr vauD�our THE s16�1a►TUr� �t�uSt� seat, or PIORIOA P>•9510NA.l3tpR��.: . I'RD IOh1AL�1►4APF�'TJp: 5721 lACATION sKE" NQf TO 9CAtZ 14 it 9