HomeMy WebLinkAbout1994-11 Site Plan Cypress CayRESOLUTION 94-11
A RESOLUTION OF THE CITY OF PARKLAND FOR SITE
PLAN APPROVAL OF TRACT E & E-1 OF THE PARKLAND
LAKES PLANNED UNIT DEVELOPMENT, TO BE KNOWN AS
CYPRESS CAY AND PROPOSED FOR 106 SINGLE FAMILY
UNITS.
WHEREAS, it is the responsibility of the Planning and Zoning
Board of the City of Parkland, Florida to hold Public Hearing on
all site plan approvals; and
WHEREAS, a Notice of Public Hearing was published in a local
newspaper; and
WHEREAS, the Planning and Zoning Board of the City of Parkland
finds that the development is consistent with the Comprehensive
Plan; and
WHEREAS, the Planning and Zoning Board of the City of Parkland
determined that the petition of Transeastern Properties, Inc has
satisfied all of the concurrency requirements; and
WHEREAS, the Planning and Zoning Board of the City of Parkland
made MOTION to approve Case No. 08 -SP -93 with a roll call vote of
6-0;
WHEREAS, the Planning and Zoning Board finds the proposed
development Cypress Cay is not a substantial deviation from the
approved PUD Master Plan;
WHEREAS, pursuant to Section 22-74 (b)(2)(a) of the Code of
Ordinances, the City Commission adopted a resolution to review the
site plan and finds the site plan to be in conformance with the
City Code;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE
CITY OF PARKLAND HEREBY GRANTS SITE PLAN APPROVAL FOR CASE NO. 08 -
SP -93 WITH THE FOLLOWING CONDITIONS:
1. This approval is based on site plan entitled Cypress Cay
prepared by Carnahan -Proctor and Associates, Inc. dated
received by the City of Parkland December 28, 1993
including site plan, landscaping plans, signage, and
preliminary engineering.
2. The Petitioner shall provide funds to be placed in an
interest bearing account acceptable to the City Attorney
in the amount of $20,000.00 for the removal of the sales
trailer to be returned to the Petitioner upon complete
removal of the trailer and accessory parking and
landscaping and the lot returned to a buildable
condition. This condition shall be completed prior to the
issuance of a building permit for the sales trailer.
RESOLUTION 94-11
PAGE 2
3. The petitioner shall completely remove all existing
invasive exotic vegetation from the site during the
land development stage of the project and prior to the
issuance of a building permit.
4. The petitioner shall obtain a letter of approval from the
local drainage district for the construction of the
culvert, roadway, and driveway with in the existing 66'
drainage and utility easement. This letter of approval
shall be submitted to the city prior to the issuance of
a land development permit.
5. The petitioner shall install a 96 inch elliptical
concrete pipe.
6. The petitioner shall provide a 3-4 foot hedge at planting
along the complete length of the northern and southern
property line to be maintained at a 6 - 7 foot height.
7. The petitioner shall provide additional berming and
landscaping next to the tennis courts to provide a
parklike buffer.
8. The petitioner shall construct the pool, tot lot area and
the tennis court amenities on the east side of Parkside
Drive prior to the issuance of a certificate of occupancy
for the eleventh unit within the Cypress Cay development.
The petitioner shall also construct the tot lot area, the
pool and tennis court amenities on the west side of
Parkside Drive prior to the issuance of the fifty-fourth
certificate of occupancy for the overall Cypress Cay
development. This condition shall exclude the model
homes.
9. The petitioner shall not allow any building or structure
to be permitted over the raw water lines contained in
Lots 59 through and including Lot 64.
10. The petitioner shall remove areca palms and black olives
from the landscaping plan of the overall project.
11. This approval of the proposed site plan is subject to
approval by the City Commission and the Broward County
Commission of the replat of Tracts E & E-1 of Parkland
Lakes PUD.
12. This approval shall deem null and void all prior
approvals on Tract E & E-1 of the Parkland Lakes PUD.
RESOLUTION 94-11
PAGE 3
13. The Petitioner shall provide proposed landscaping for
Model A to be consistent with and in conformance with the
minimum Landscaping Code requirements provided in the
City Code, as well as the other Models proposed for the
Cypress Cay development.
14. The Petitioner shall provide a total of eight additional
trees around the tennis courts; species to be reviewed
and approved by Staff.
15. The berms located at the turn lanes shall be flattened to
allow for the equestrian trail.
16. There shall be no transfer of density but trips may be
transfered.
17. FPL transformers constructed on Parkside Drive shall be
screened per City Code and reviewed for approval by
Staff.
18. The signs shall be of marble, masonry, wood, tile, and
textured stucco.
19. The Petitioner shall provide split -leaf philodendron
every thirty feet on center on each side of Parkside
Drive in the landscape buffer.
20. The Petitioner shall remove valley gutters which conflict
with traffic lanes.
PASSED AND ADOPTED ON THIS THE 16 DAY OF FEBRUARY , 1994.
ATTEST:
SUSAN ARMSTRONG, C.M C.
CITY CLERK
S PAGLI•'•1 MAYOR
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AGREEMENT
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THIS AGREEMENT, made this /D day of May, 1994, among CYPRESS
HEAD CLUB, INC. ("CYPRESS HEAD"), CYPRESS CAY HOMEOWNERS'
ASSOCIATION, INC. ("CYPRESS CAY") and TRANSEASTERN PROPERTIES OF
SOUTH FLORIDA, INC. ("TRANSEASTERN").
WITNESSETH
WHEREAS, CYPRESS HEAD, a Florida corporation not for profit,
has been organized to own, administer and maintain the Common Areas
of the real property subject to the Declaration of Protective
Covenants and Restrictions for the project known as CYPRESS HEAD AT
PARKLAND LAKES, as recorded at Official Records Book 8791, Page 456
of the Public Records of Broward County, Florida; and
WHEREAS, included in the Cypress Head Common Areas are certain
water courses designated on the Plat of Parkland Lakes, P.U.D., as
recorded in Plat Book 102, Page 44, of the Public Records of
Broward County, Florida; and
WHEREAS, CYPRESS HEAD has the responsibility for operating the
surface water management system of the Plat of Parkland Lakes,
P.U.D. pursuant to South Florida Water Management District Surface
Water Management Permit #06-00088-S special condition # 8, (the
"Permit"); and
WHEREAS, TRANSEASTERN is the owner of the following described
property situate and lying in Broward County, Florida:
Tracts "E" and "E-1" of PARKLAND LAKES, P.U.D.,
according to the Plat thereof as recorded in Plat
Book 102, Page 44 of the Public records of Broward
County, Florida (the "Cypress Cay Project"); and
WHEREAS, TRANSEASTERN shall execute and record in the Public
Records of Broward County, Florida certain Declarations of
Covenants and Restrictions for the Cypress Cay Project; and
1
WHEREAS, CYPRESS CAY is a Florida corporation not .for profit,
organized for the purpose to own, administer and maintain the
Common Areas of the Cypress Cay Project and to perform certain
other functions; and
WHEREAS, as part of the development of the Cypress Cay
Project, TRANSEASTERN wishes to eliminate a four hundred and sixty-
five (465') feet section of an existing drainage canal located
within a sixty-six (66) foot wide drainage easement located in
the Cypress Cay project, to substitute therefor a ninety-six (96")
inch elliptical reinforced concrete pipe culvert (the "Culvert")
and to construct certain improvements within such easement; and
WHEREAS, the water course system maintained by CYPRESS HEAD is
connected to such existing canal and the proposed replacement of
the existing canal with the Culvert may impact on tho operation
and maintenance of the water course system owned and, maintained by
CYPRESS HEAD; and
WHEREAS, the parties wish to enter into an Agreement providing
for protection to CYPRESS HEAD, and for the sharing of the
maintenance and repair of the storm water drainage system, which is
deemed critical to insuring the CYPRESS HEAD drainage system
operates as originally intended.
NOW, THEREFORE, the parties agree as follows:
1. INSTALLATION. TRANSEASTERN AND CYPRESS CAY hereby
represent and warrant that the Culvert shall be installed in
accordance with the revised Plans and Specifications prepared by
Carnahan, Proctor and Associates, Inc. and approved for
construction by the City of Parkland Engineering Department, a copy
of the relevant portions of which is attached hereto.as Exhibit
"A". CYPRESS HEAD hereby approves the proposal by TRANSEASTERN to
install the Culvert in place of the existing canal as reflected by
such revised Plans and Specifications. However, Transeastern and
Cypress Cay are still required to obtain other permits for the
construction of the Culvert, including but not limited to any
permits required by the South Florida Water Management District.
CYPRESS HEAD further agrees that it does not object to the
2
encroachment of the driveway for Lot 11 and a portion of the
roadways of the Cypress Cay Project (as shown on the as yet
unrecorded Plat thereof attached hereto as Exhibit "B") into the
aforementioned drainage easement as shown on such Plat. The
foregoing action by CYPRESSHEAD is not intended nor shall it be
construed to indicate that CYPRESSHEAD is required to consent to
any such encroachment into the aforesaid easement or that by
consenting to such encroachment CYPRESSHEAD is in any fashion
relinquishing its right to require CYPRESS CAY to perform its
obligation hereunder to maintain the Culvert and any improvements
constructed within the easement and to indemnify CYPRESSHEAD from
any claim of any nature by any party or agency against CYPRESSHEAD
arising from the failure of CYPRESS CAY to perform its obligations
hereunder. The Declaration of Covenants and Restrictions to be
executed by Transeastern for the Cypress Cay Project and recorded
in the public records of Broward County, Florida shall
affirmatively impose upon CYPRESS CAY the obligation for any claim
by any party arising from the performance of maintenance, repair or
replacement activities regarding the Culvert which may impact any
improvements constructed within the drainage easement described
above, whether such improvements are privately owned (by CYPRESS
CAY or the owner of any lot within the Cypress Cay Project) or
dedicated to the public use.
2. INSPECTIONS. CYPRESS HEAD shall have, at all time
during the construction and installation of the Culvert as well as
during the term of the contract, the right to have said
construction and installation inspected by an engineering firm of
its choosing.
3. MAINTENANCE. In consideration of the grant hereby given
by CYPRESS HEAD, CYPRESS CAY, hereby agrees they shall pay as
their share of the maintenance and repair of the water courses at
Parkland Lakes, P.U.D. as depicted in Exhibits "1" and "2" to the
Permit, a sum equal to 3.50 percent of the annual maintenance and
repair expense incurred by CYPRESS HEAD for the maintenance and
repair of the water courses in the Parkland Lakes, P.U.D. For
example, the cost of such maintenance and repair incurred by
CYPRESS HEAD in 1993 was approximately $16,000.00. Thus, CYPRESS
3
CAY'S share of such expense would have been $560.00. Said sum
shall be paid on or before January 20th each year, commencing
January 1, 1994. Furthermore CYPRESS CAY will be responsible for
any maintenance, repairs or replacement of the Culvert, as well as
any improvements constructed by any party within the easement.
4. INDEMNIFICATION. TRANSEASTERN and CYPRESS CAY
hereby agree to indemnify and save CYPRESS HEAD harmless from any
and all liability, loss, damage, expense, causes of actions, suits,
claims or judgments, arising out of any act or omission on the part
of TRANSEASTERN and CYPRESS CAY, under or in connection with this
Agreement, or the performance or failure to perform, any matter
required by this Agreement. TRANSEASTERN and CYPRESS CAY shall
save harmless and indemnify CYPRESS HEAD against any and all
claims, losses, or expenses, including, but not limited to counsel
fees which CYPRESS HEAD may suffer, pay, or incur, as the result of
claims or suits due to, arising out of, or in connection with any
and all such damage, real or alleged, and TRANSEASTERN and CYPRESS
CAY shall, upon written demand by CYPRESS HEAD, assume and defend
at their sole cost and expense any and all such suits or defense of
claims. The agreement of TRANSEASTERN to indemnify CYPRESS HEAD
for any actions of CYPRESS CAY as set forth in this Paragraph shall
be
as
of
limited to actions of CYPRESS CAY which occur during such time
TRANSEASTERN controls the Board of Directors of CYPRESS CAY.
5. DURATION. This Agreement shall inure to the benefit
the property owners in the respective subdivisions of CYPRESS
HEAD AT PARKLAND LAKES and CYPRESS CAY, as well as to the
successors and assigns of the parties hereto, for a term of twenty-
five years from date hereof, after which time said Agreement shall
automatically be extended for successive periods of twenty-five
years unless otherwise canceled or modified by written agreement
executed by the respective Associations or their successors or
assigns.
6. ATTORNEY'S FEES. In the event of any litigation
arising out of this Agreement the prevailing party shall be
entitled to recovery or its reasonable costs and reasonable
attorney's fees.
4
IN WITNESS WHEREOF the parties have caused these presents to
be executed as of the date and year first set forth above.
5
CYPRESS HEAD CLUB,
By:
President
CYPRESS CAY HOMEOWNERS'
ASSOCI•TION, C
'-President
TRANS TERN PROPERTIES OF
SOUTH ORID C.
By:
v
wf4/3'
Vice-Pres dent'
STATE OF FLORIDA
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day, before me, an officer duly
authorizedto administer 044s/end take acknowledgements, personally
appeared d1tij It .1itidrAe /d'/ , to me known to be the President of
CYPRESS HEAD CLUB, INC., a Florida corporation not for profit, to me
personally known, and who executed the foregoing instrument and who
acknowledged before me that he executed same for the purposes therein
stated on behalf of said corporation.
WESS my hand and seal in the C. nt and State 57 afo esaid,
this'- day of May, 1994.
CMN•
\ NdTAW FUELIC, s!'E t7 MOA
Mel D.PURBY
R,M y M:, i aw:J.i:YY i:G ma
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Wz44_19.
NOTARY PUBLIC
kGln.DM47
el
Printed Notary Name
My Commission Expires:
F rm of Ident icati9n
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Did:
Did Not:
Take an Oath
STATE OF FLORIDA
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized to administer oaths and take acknowledgements, personally
appeared -,-,,` tc ln0I6ofl , to me known to be the President of
CYPRESS CAY HOMEOWNERS' ASSOCIATION, INC., a Florida corporation not for
profit, to me personally known, and who executed the foregoing instrument
and who acknowledged before me that he executed same for the purposes
therein stated on behalf of said corporation.
WITNESS my hand and seal in the County and State last aforesaid,
this V) day of May, 1994.
6
cc
ARY PUBLIC
itl�'c.c31 /i d 154E n
Printed Notary Name
My Commission Expires:
Fyyrm of Idex}tific�tion:
IS lOW ` t, I.�Q—
Did:
Did Not:
Take an Oath
�"1 Nicole A Holstein
otcry STATE CF FLORIDA
P'� My conte, Exp8/1/94
BONDED
STATE OF FLORIDA
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized to administer oaths and take acknowledgements, personally
appeared l.oe_ - , to me known to be the President of
TRANSEASTERN PROPERTIES OF SOUTH FLORIDA, INC., to me personally known,
and who executed the foregoing instrument and who acknowledged before me
that he executed same for the purposes therein stated on behalf of said
corporation.
WITNESS my hand and seal in the County and State last aforesaid,
this )D day of May, 1994.
7
40.6, a 7/ -tr-n
N T Y PUBLIC
Printed Notary Name
My Commission Expires:
Fog of Iden tificrtionq
Did:
Did Not: jf
Take an Oath
Nicole A Holstein
STATE OF FLOP.IDA
My Comm Expa/1/94
BONDED