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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-275Temp. Reso. #10601 — December 2; 2004 Revision No. 1 — December 13, 2004 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004-� Jam" A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ISSUING REVISED DEVELOPMENT ORDER NO. 328.1 AND GRANTING NEW DEVELOPMENT SITE PLAN APPROVAL TO SANTA MONICA TO ALLOW THE CONSTRUCTION OF FORTY-FOUR (44) TOWNHOUSE UNITS CONSISTING OF FIVE (5) BUILDINGS, A CABANA AND SWIMMING POOL WITH ASSOCIATED PARKING, LANDSCAPING AND INFRASTRUCTURE IMPROVEMENTS, LOCATED AT THE SOUTH SIDE OF SOUTHGATE BOULEVARD, NEAR SAWGRASS EXPRESSWAY, SPECIFICALLY A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 49 SOUTH, RANGE 41 EAST, BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS: COMMENCE AT THE POINT OF INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF CANAL C-14 OF CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT AND THE WEST LINE OF SAID SECTION 6: THENCE EASTERLY ALONG THE SAID SOUTH RIGHT-OF-WAY LINE OF CANAL C-14, 1200 FEET TO A POINT; THENCE SOUTHERLY, PERPENDICULAR TO THE LAST DESCRIBED LINE, 286 FEET TO A POINT OF BEGINNING OF THE DESCRIPTION; THENCE CONTINUE SOUTHERLY, ALONG THE LAST DESCRIBED LINE, 435 FEET TO A POINT; THENCE EASTERLY, PERPENDICULAR TO THE LAST DESCRIBED LINE 435 FEET TO A POINT; THENCE WESTERLY, PERPENDICULAR TO THE LAST DESCRIBED LINE, 400 FEET TO THE POINT OF' BEGINNING (CASE NO. 31-SP-04); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Temp. Reso. #10601 — December 2, 2004 Revision No. 1 — December 13, 2004 Page 2 WHEREAS, pursuant to the instructions of the City Commission 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 site plan approval by the applicant for development approval; and WHEREAS, the current zoning classification of the'subject property is R-3 (Low - Density Multi -Family Residential District); and WHEREAS, the City Commission has examined the application, the staff and Planning Board recommendations, and the Development Review Status Sheet dated December 16, 2004 (attached hereto as Exhibit I"); and WHEREAS, the Development Review Committee recommended approval on November 5, 2004; and �. WHEREAS, the Planning Board recommended approval on December 15, 2004; WHEREAS, the Director of Community Development recommends approval; and WHEREAS, the City Commission will review this development order and site plan approval 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 Temp. Reso. #10601 — December 2, 2004 Revision No. 1 — December 13, 2004 Page 3 the best interest of the citizens and residents of the City of Tamarac to issue Revised Development Order No. 328.1 and grant New Development Site Plan approval to Santa Monica to allow the construction of forty-four (44) townhouse units consisting of five (5) buildings, a cabana and swimming pool with associated parking, landscaping and infrastructure improvements, located at the south side of Southgate Boulevard, near Sawgrass Expressway, specifically a parcel of land lying in Section 6, Township 49 South, Range 41 East, Broward County, Florida, being more particularly described as: commence at the Point of Intersection of the South right-of-way line of Canal C-14 of Central and Southern Florida Flood Control District and the West line of said Section 6: thence Easterly along the said South right-of-way line of Canal C-14, 1200 feet to a point; thence Southerly, perpendicular to the last described line, 286 feet to a Point of Beginning of the description; thence continue Southerly, along the last described line, 435 feet to a point; thence Easterly, perpendicular to the last described line 435 feet to a point; thence Westerly, perpendicular to the last described line, 400 feet to the Point of Beginning (Case No. 31-SP-04). 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. Temp. Reso. #10601 —December 2, 2004 Revision No. 1 — December 13, 2004 Page 4 SECTION 2: That the issuance of Revised Development Order No. 328.1 and granting of New Development Site Plan approval to Santa Monica to allow the construction of forty-four (44) townhouse,- units consisting of five (5) buildings, a cabana and swimming pool with associated parking, landscaping and infrastructure improvements, located at the south side of Southgate Boulevard, near Sawgrass Expressway, specifically a parcel of land lying in Section 6, Township 49 South, Range 41 East, Broward County, Florida, being more particularly described as: commence at the Point of Intersection of the South right-of-way line of Canal C-14 of Central and Southern Florida Flood Control District and the West line of said Section 6: thence Easterly along the said South right-of-way line of Canal C-14, 1200 feet to a point; thence Southerly, perpendicular to the last described line, 286 feet to a Point of Beginning of the description; thence continue Southerly, along the last described line, 435 feet to a point; thence Easterly, perpendicular to the last described line 435 feet to a point; thence Westerly, perpendicular to the last described line, 400 feet to the Point of Beginning; is HEREBY APPROVED. SECTION 3: Revised Development Order No. 328.1 and the New Development Site Plan issued and granted herein are subject to the following conditions: 1. Construction is to be in complete compliance with the plans and specifications submitted by the developer to the City of Tamarac, Development Review Status Sheet and approved engineering drawings. 2. Commencement of construction shall begin no later than one (1) year from the date of this approval, If the development does not commence construction Temp. Reso. #10601 — December 2, 2004 Revision No. 1 — December 13, 2004 Page 5 within one (1) year, this approval is null and void unless an extension has been granted in accordance with applicable regulations. 3. 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 requirements. 4. Site Plan approval is subject to recertification by the Broward County Planning Council regarding the Small -Scale Land Use Amendment (Case No. 2-LUA-04). SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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. 1 Temp. Reso. #10601 — December 2, 2004 Revision No. 1 — December 13, 2004 Page 6 SECTION 6: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this 22"d day of December, 2004. ATTEST: MAR ON SW NSON, C C CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to/form. JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO 2nqc DIST 3: V/M SULTANOF ( . DIST 4: COMM. ROBERTS 1 1 1