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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-099Temp Reso #10973 — May 18, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006- 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 "1 "); 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 7 E 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 "2") 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 5209-6030 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(3)(d) of the City's Land Development Code prior to issuance of a Building Permit. F 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 "2") 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 j U le- , 2006. ATTEST: RECORD OF COMMISSION VOTE: MARION SWENS N, CMC MAYOR FLANSBAUM-TALABISCO CITY CLERK DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD_ DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER I HEREBY CERTIFY that I have approved this RESOLUTION as to form. S. G EN 1 ti P -li - C Y ATTORNEY 1 1 1 EXHIBIT "1" TEMP RESO #10973 CITY OF TAMARAC 7525 NORTHWEST $$ AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (964) 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 5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A 1 EXHIBIT "1" TEMP RESO #10973 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: To be determined 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: $5,472.00 2 EXHIBIT "1$$ 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 8. PROCESSING FEES (PAID) New Development Site Plan $3,000.00 u:\pats\userdata\wpdata\forms\10973drss 3 Exhibit 2 TEMP RESO #10973 TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: St. Moritz (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this day of J un e-_ , 2005, by United Homes International, Inc.. having an address of 7975 N.W. 154th Street, Suite 400, Miami Lakes, Florida 33016_, (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 One Dollar ($1.00) 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 Basement It is acknowledged that Grantor, or its successors, intends to construct 36 RESIDENTIAL TOWNHOUSES 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) United Homes International, Inc. �� By: By: — _�. Type Name Aak--W l� 0 E Type Name Silvio Cardoso, President Corporate Secretary (Corporate Seal) STATE OF FLORIDA �SS COUNTY OF tuask.: 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 appearedSlkimo oso tome known to be the person(s) described in and who executed the foregoing instrument and he acknowledged before me and under oath that executed the same. �� WITNESS my hand and official seal this �t�' day of t1 2005. sa,W M(WO)432.4254 TA Y PUBLIC, tate of Florida Plprida Notary Aasn., Inc : .....:::....................................: at Large (�) Personally known to me, or ( ) Produced Identification (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 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. Mrarion Swenson, 011VIC City,Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE c7G �BY: ,.," Jeffrey L. ill r . City Manager Date: CP I UDC? Approve as to form: By: Sam el S. ren, SS City Attorney COUNTY OF HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State I oresaid and in the County aforesaid to take acknowledgments, personally appeared e I I lefto me knovyn to be the person(s) described in and who exec ted the foregoing instrument and t)& acknowledged before me and under oath that h6 executed the same. WITNESS my hand and official seal this day of , 20D�,. (�) Personally known to me, or ( ) Produced identification ( ) DID take an oath, or ( IN WITNESS WHEREOF, and year first above written. N (-VI A.CMJ e -A p lyp NO ,ARY PUBLIC, Stake of Florida at Large Marion semwo My commvssion D0260M a Expires October 24, 2007 (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced DID NOT take an oath Mortgagee has hereunto set his hand and seal on the day 981208 4 Blanket Public Safety Ingress/Egress Easement z O CL Of U U) W O J Q 0 W J CD Z F- F-- QZ W Q QLL.O3�:p 00 I ` cy- F I— Z L'J z zcl-- 2 WZ0�O W CY LL. Q0QD pCQO� =U U) cn �O w W LJ ~ p 0 p N Q Q �� WO w U U) QO W � W W rn0E-ZF--iLWiw_ W '�WOZwz O Ld Ud _ p 2 W m z r� T H Z p p n Q 0 U om .. = w Q Q H �L`0U)v'F- z va C)C)LLd 0 Z L- LL- z�� 0LLJOQ=o z cr'=`n UN�zO�UwOro z z� OWJUZ LL_F_ OLEO —(n LLJ O U ODU =pOmwprJW� zW�UF-moQZo0 pZ�W �c =wz z Q cnr7i �wQ chQL`00U)OfLL-~Zz Q pCa mQw f--0 ©ULLJQO QU z-LLJLn F! 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XY "M Nil ir.Xawtws=:Aw;*.�ii....AurA.�.r w..wurA.w W AwrAlA�.IIrX n� T CITY COMMISSION City of Tamarac June 14, 2006 7525 N.W. 88'" Ave., Tamarac, Florida 33321-2401 New Development Site Plan Telephone: (954) 597-3530 J. Christopher King Facsimile: (954) 597-3540 Director Community Development DESIGNATION OF AGENT .0MM111"11'FY DEVELOPMENT FOR QUASI-JUDICIAL PROCEEDINGS !'#.`�TMFNI r DATE: OG FF163 CASE NO.: a 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. GERALD KNIGHT WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING TO BE HELD IN MY ABSENCE. IN ADDITION, Jay Huebner, P.E. HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO ST. MORITZ. (Address of subject property) THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATURE OF OWNER: Silvio Cardoso/President (Print Name of Owner) STATE OF FLORIDA: COUNTY OF BROWARD: NAME/ADDRESS AND PHONE NO. OF DESIGNATED AGENT: (Print Name of Designated Agent) Gerald Knight 888 SE 3rd Ave Ste 301 Fort Lauderdale, FL 33316-1159 Phone:(954) 764-7150 Fax:(954) 768-1391 The foregoing instrument was acknowledged before me this a� "-' day of 200k, by owner of property, who is personally known to me or has produced identification r-W�and (type of identification) ........................................... LILLY M. pEA1 w (did/did o®t) take an oath. _'"roe,, • Comm# DD02844{p E.:pire 2/1/2008 ...m,,;��o u (800)432 4254` •........................,........ otary blic Stat lorida p �. , .. ::,; � :....t My Commission Expires: (Type or print name of Notary)