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Home My WebLink AboutCity of Tamarac Resolution (56)February 20, 2002 - Temp. Reso. #9687 Revision No. 1 — February 20, 2002 Revision No. 2 — February 27, 2002 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-56 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A SPECIAL EXCEPTION TO ALLOW THE CONSTRUCTION OF MORE THAN ONE (1) PRINCIPAL BUILDING ON THE SUBJECT PROPERTY IN AN R-4A (PLANNED APARTMENT RESIDENTIAL DISTRICT) ZONING CATEGORY TO CATALINA LAKES, LOCATED ON THE SOUTHWEST CORNER OF NOB HILL ROAD AND NW 80 STREET; SPECIFICALLY A PORTION OF PARCEL "A" OF THE "KINGS POINT COMMERCIAL PARK" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 150, PAGE 9 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (CASE NO. 22-Z-01); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Code of the City of Tamarac provides for the granting of a special exception to allow the construction of more than one (1) principal building on the subject property in an R-4A (Planned Apartment Residential District) zoning category to Catalina Lakes, located on the southwest corner of Nob Hill Road and NW 80 Street; specifically a portion of Parcel "A" of the "Kings Point Commercial Park" Plat, according to the Plat thereof as recorded in Plat Book 150, Page 9 of the Public Records of Broward County, Florida; and WHEREAS, the current zoning classification of the subject property is B-1 (Neighborhood Business District); and WHEREAS, Gerald L. Knight, Esq., Holland and Knight, LLP (Designated Agent for February 20, 2002 - Temp. Reso. #9687 2 Revision No. 1 — February 20, 2002 Revision No. 2 — February 27, 2002 owner) has requested the subject property be rezoned from B-1 (Neighborhood Business District) to R-4A (Planned Apartment Residential District) in order to facilitate the development of the proposed 84 unit townhome development (Case No. 23-Z-01); and WHEREAS, approval of the Special Exception Request is contingent upon the rezoning of the property to R-4A (Planned Apartment Residential District) as requested by the Designated Agent for owner (Case No. 23-Z-01); and WHEREAS, the Planning Board held a public hearing on February 20, 2002 and recommended approval; and WHEREAS, the Director of Community Development recommends approval of this application; and WHEREAS, the City Commission of the City of Tamarac finds that granting the petition for special exception would be in keeping with the public health, safety, and general welfare of the City of Tamarac; 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 grant this special exception to allow the construction of more than one (1) principal building on the subject property in an R-4A (Planned Apartment Residential District) zoning category to Catalina Lakes, located on the southwest corner of Nob Hill Road and NW 80 Street; specifically a portion of Parcel "A" of the "Kings Point Commercial Park" Plat, according to the Plat thereof as recorded in Plat Book 150, Page 9 of the Public Records of Broward County, Florida. February 20, 2002 - Temp. Reso. #9687 3 Revision No. 1 — February 20, 2002 Revision No. 2 — February 27, 2002 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 Petition for special exception to allow the construction of more than one (1) principal building in an R-4A (Planned Apartment Residential District) zoning category to Catalina Lakes, generally located on the southwest corner of Nob Hill Road and NW 80 Street; specifically a portion of Parcel "A" of the "Kings Point Commercial Park" Plat, according to the Plat thereof as recorded in Plat Book 150, Page 9 of the Public Records of Broward County, Florida, requested by Holland & Knight, LLP (Case No. 22-Z- 01), is HEREBY APPROVED. SECTION 3: Conditions of approval: 1. Provide Fifty Thousand Dollars ($50,000.00) in additional landscaping within the project area, if possible or in the alternative, contribute an equivalent amount ($50,000.00) to complete landscaping in the adjacent vicinity, or other improvements to be determined by the residents of the three (3) communities. 2. Construct a temporary fence with plastic/vinyl mesh screening along all sides of property banks to screen view of project during construction. 3. A twenty-five (25 lb.) pound dog restriction limited to one (1) per unit. 4. During construction, vehicles will park in areas screened from view from the February 20, 2002 - Temp. Reso. #9687 4 Revision No. 1 — February 20, 2002 Revision No. 2 — February 27, 2002 right-of-way to minimize impacts to existing residential communities. 5. Remove existing boulders on NW 80 Street and replace with gate at access point, as well as replace missing existing vegetation along NW 80 Street. 6. The applicant shall be required to pay all appropriate fees associated with the special exception. 7. The special exception is transferable administratively pursuant to compliance with City Codes, submitting documentation and payment of fees. 8. Approval of this special exception is subject to the property being rezoned to R-4A (Planned Apartment Residential District). 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 application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 SECTION 6: passage and adoption. February 20, 2002 - Temp. Reso. #9687 5 Revision No. 1 — February 20, 2002 Revision No. 2 — February 27, 2002 This Resolution shall become effective immediately upon its PASSED, ADOPTED, AND APPROVED this 27th day of February, 2002. ATTEST: MARION _SW_ NSON, CMC CITY CLERK 1 commdev\u:\pats\u serdata\wpdata\res\9687reso 1 OE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER A ei DIST 1: COMM. PORTNER f1 ei DIST 2: COMM. MISHKIN fl ei DIST 3: V/M SULTANOF five' DIST 4: COMM. ROBERTS A er CATALINA LAKES CASE NO. 22-Z-01 - TEMP RESO #9687 600 0 600 Feet � F T AM�9 ' 9(1 I CITY coMMlssloN City of Tamarac f P R� February 27, 2002 J. Christopher King S ecial Exce tion p p Director Commu nity Development 7525 N.W. 88th Ave., Tamarac, Florida 33321-2401 Telephone: (954) 724-1292 Facsimile: 724-2453 DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEEDINGS DATE: CASE NO.: 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 L. Knight, Esq. Holland & Knight LLP WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING TO BE HELD ON IN MY ABSENCE. IN ADDITION, Gerald L. Knight, Rsq. HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO Kings bin . CAlFme-r.cia1_Park (Address of subject property) THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING.. SIGNATURE OF OWNER: t UNIVERS�A%L AMERICAN REALTY CORP. Sylvia r,_ RPrnc.tpin_ Virg Prwciriont (Print Name of Owner) STATE OF FLORIDA COUNTY OF' MIAMI-DADE NAME/ADDRESS AND PHONE NO. OF DESIGNATED AGENT: Gerald L. Knight, E (Print Name of Designated Agent) Holland s; Knight LLp One East Broward Boulevard, Suite 1300 Fort Lauderdale, Florida 33301 " . Phone:(954) 525-1000 Fax: (954) 463--2.030 The foregoing instrument was acknowledged before me this 1 9 t h day of Sept ember , 2001 , by Syl vi a G. Bern stei n*owner of property, who is personally known to me ( )and who (diNdid not) take an oath. (type of identification) *as Vice President of Universal American Realty Corp. 6a,�_Z674w"i Notary Public State. of Florida My Commission Expires: pV P OFFICALNOTARYSEAL ARIDAD G. L+�I'RE 0 L@jl CARCAo E LAIAE COYMI58X:NNUH:®ER (Type or print name of Notary) DOWN13 F� W1, W comm S" EXPOSS 1�OF Jtn V 29 2005