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HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-057Temp Reso # 12198 April 25, 2012 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2012- -6"7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A TIME EXTENSION OF ONE (1) YEAR FOR FINAL SITE PLAN APPROVAL FOR THE MERRILL GARDENS II PROJECT, REQUESTED BY CRAVEN, THOMPSON, AND ASSOCIATES, INC., (CATHERINE A. DONN), DESIGNATED AGENT FOR THE PROPERTY OWNER, TAMARAC ACQUISITIONS, LLC C/O TERESA FRITSCH, (CASE NO. 6-SP-12); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 10 of the City of Tamarac Code of Ordinances provides that the City Commission may grant time extensions on Site Plan approvals; and WHEREAS, Craven, Thompson, and Associates, Inc., (Catherine A. Donn), Designated Agent for the property owner, Tamarac Acquisitions, LLC c/o Teresa Fritsch, has requested to have the Site Plan for the Merrill Garden II project extended for one (1) year (attached hereto as Exhibit "1 ", incorporated herein and made a specific part thereof); and WHEREAS, the City Commission of the City of Tamarac, Florida, granted Major Revised Site Plan approval for the Merrill Gardens II project on March 25, 2009 via Resolution No. R-2009-43 (attached hereto as Exhibit "2", incorporated herein and made a specific part thereof); and WHEREAS, the applicant agrees that the project will be constructed as originally envisioned; and Temp Reso # 12198 April 25, 2012 Page 2 WHEREAS, the City Commission of the City of Tamarac, Florida has previously approved a Site Plan Extension for the Merrill Gardens II project on March 10, 2010 via Resolution No. R-2010-27 and then again on March 23, 2011 via Resolution No. R-2011- 34 (attached hereto as Exhibits "3 and 4", incorporated herein and made a specific part thereof); and WHEREAS, the Director of Community Development recommends approval of the one (1) year Site Plan Extension; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac, Florida to grant a time extension of one (1) year for final Site Plan approval for the Merrill Gardens I I project, as requested by Craven, Thompson, and Associates, Inc., (Catherine A. Donn), Designated Agent for the property owner, Tamarac Acquisitions, LLC c/o Teresa Fritsch,. 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, all exhibits attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: That the application for a one (1) year extension for the Merrill Gardens II project, requested by Craven, Thompson, and Associates, Inc., (Catherine A. Donn), Designated Agent for the property owner, Tamarac Acquisitions, LLC c/o Teresa Fritsch„ is hereby approved subject to the following conditions: Temp Reso # 12198 April 25, 2012 Page 3 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 (attached hereto within Exhibit "3", as a part of Temp Reso No. 11767 - Resolution No. R-2010-27) and approved final engineering drawings. B. Commencement of construction shall be no later than one (1) year from April 25, 2012 for the Merrill Gardens II project. 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 requirements. D. Additional conditions established in order to issue the revised development order are set forth as follows: 1. That if, in the future, there were more stringent requirements for approval of a Site Plan, that Merrill Gardens II would modify their Site Plan to accommodate those new regulations. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp Reso # 12198 April 25, 2012 Page 4 SECTION 4: 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 5: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this day of , 2012. BETH • uA•' ATTEST: PETER M. J. ICHA ON, CRM, CMC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR TALABISCO DIST 1: COMM. BUSHNE L L DIST 2: COMM GOMEZ DIST 3: V/M GLASSER DIST 4: COMM. DRESSLEO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SA EL S. GORRV CITY ATTORNEY Merrill Gardens 11 Site Plan Extension 6-S P-12 B-2 R-3U R-4A Subject Property C• U) B-1 �• CD R-2 B-1 S-17 N NW 76th Street W E .s. Not To Scale City Commission April 25, 2012 Temp. Reso. No. 12198 Jennifer Bramley, Director Community Development Department 7525 N.W. 88th Avenue Tamarac, FL 33321-2401 Telephone (954) 597-3530 Exhibit 1 CRRJEN 1HOMPSON & ASSOCINTES INC. Engineers Planners Surveyors 3563 N.W. 53rd Street Fort Lauderdale, FL 33309-6311 (954) 739-6400 Fax (954) 739-6409 March 14, 2012 CITY OF TAMARAC Ms. Jennifer Bramley Director of Community Development XZ KAR 15 Sri 0 12 City of Tamarac, Community Development & Code Compliance Dept, 7525 NW 88th Avenue, Room 206 Tamarac, Florida 33321-2401 RE: MERRILL GARDENS MASTER SITE PLAN SITE PLAN EXTENSION JUSTIFICATION LETTER CTA Proiect No. 08-0018 Dear Ms. Bramley: The site plan for the Merrill Gardens development was revised & approved by the City of Tamarac in 2009 to add a 22-bed Alzheimer care facility building. The proposed facility will share services with the existing 103-bed retirement community complex. Specifically, the project received a Revised Development Order and Major Revised Site Plan Development approval by Resolution No. R- 2009-43 on March 25, 2009. Merrill Gardens' master site plan has 42 existing studio units, 45 existing one -bedroom units, 8 existing two -bedroom units together with the approved 22-bed Alzheimer care facility building. In 2009 the City also approved the plat entitled Merrill Gardens II, for which the proposed 22-bed Alzheimer care facility is to be developed. The plat is recorded in Plat Book 178, Pg. 110, BCR. The current facility is platted as Merrill Gardens, Plat Book 165, Pg. 26, BCR. The owners have invested time and money to have the site plan reviewed and approved by the City of Tamarac, and unfortunately, are still unable to coordinate construction financing for the project. Chartwell Seniors Housing REIT has, and continues to go through some portfolio re -organization in the United States, and this has also played a role due to diversion of some of their project resources. They have also changed operators, which has delayed their ability to be get focused attention on this particular project. They still very much want to complete this project. The City of Tamarac and the surrounding communities have a need for an Alzheimer's care facility, and this is certainly a viable use for the vacant property. Therefore, by this letter and the attached application package, we respectfully request a one year site plan approval extension to have time to move this project ahead for construction. Please contact me at (954) 739-6400 x 379 should you have any questions. Sincerely, CAVE, THOMPSON & ASSOCIATES, INC. CATHERINE A. DONN, Planner cc email: Teresa Fritsch-Chartwell Seniors Housing, REIT West Palm Beach INCOMPLETE APPLICATIONS WILL NOMMg%1r C DESIGNATION OF AGENT DATE: FOR QUASI-JUDICIAL PROCEWtaS 15 AM 0 12 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. Catherine A. Donn, Craven Thompson & Assoc. , WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING TO BE HELD IN MY ABSENCE. IN ADDITION, Joseph D. Handley, Craven Thompson & Assoc. HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO 7650 N University Drive and site south and adjacent to the existing site (Address of subject property) THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATURE OF OWNER: Teresa Fn sch, Tamarac Acquisition LLC (Print Name of Owner) NAME/ADDRESS AND PHONE NO. OF DESIGNATED AGENT: Craven Thompson & Associates, Inc. 3563 NW 53 ST, FT Lauderdale, FL 33025 (Print Name of Designated Agent) Catherine A. Donn Phone:954-739-6400 Fax:9-739-6409 PROVINCE OF ONTARIO: COUNTRY OF CANADA: The foregoing instrument was acknowledged before me this d day of March , 2012 by Fr; }sue 1 , owner of property, who is 'rsµona Sv knowir-to-meor has produced identification ( ) and (type of identification) who (di id na take an oath. '-C Notary Public � My Commission Expires: o" i.J, 4t 1^ (Type or print name of Notary) Exhibit 2 Temp Reso #11582 March 16, 2009 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009- 73 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ISSUING REVISED DEVELOPMENT ORDER NO.304.4 AND GRANTING MAJOR REVISED SITE PLAN APPROVAL TO ALLOW FOR THE CONSTRUCTION OF A ONE-STORY, 11,015 SQUARE FOOT, EIGHTEEN (18) BEDROOM, TWENTY-TWO (22) BED ALZHEIMER'S CARE FACILITY WITH ASSOCIATED PARKING, LANDSCAPING, AND INFRASTRUCTURE IMPROVEMENTS , LOCATED ON NORTH UNIVERSITY DRIVE, DIRECTLY SOUTH OF THE EXISTING MERRILL GARDENS ADULT LIVING FACILITY (ALF), PARCEL 1: TRACT A OF MERRILL GARDENS ACCORDING TO THE PLAT THEREOF, PLAT BOOK 165, PAGE 26; PARCEL 2: A PORTION OF TRACT 13 OF FT. LAUDERDALE TRUCK FARMS SUBDIVISION OF SECTION 3 TOWNSHIP 49 SOUTH, RANGE 41 EAST, PLAT BOOK 4 PAGE 31 AS RECORDED IN THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (CASE NO.23-SP-08); 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 Major Revised Site Plan for development approval; and WHEREAS, the Planning Board recommended approval on March 4, 2009, and WHEREAS, the Director of Community Development recommends approval; 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. 304.4 and grant Major Revised Site Plan approval to allow for the i 1 1 Temp Reso #11582 March 16, 2009 Page 3 SECTION 4: 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 5: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this -25'_ day of , 2009. ATTEST: �� titer MARION SWENSON, CMC CITY CLERK 1 HEREBY CERTIFY that I have approved this RESOLUTION as to form. BETH FLANSBAUM-TALABISCO MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM BUSHNELL DIST 2: VM ATKINS-GRAD DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER -c3 Temp Reso #11582 March 16, 2009 Page 2 construction of a one-story, 11,015 square foot, eighteen (18) bedroom, twenty-two (22) bed Alzheimer's care facility with associated parking, landscaping, and infrastructure improvements, located on North University Drive, directly south of the existing Merrill Gardens Adult Living Facility (ALF),Parcel 1: Tract A of Merrill Gardens according to the Plat thereof, Plat Book 165, Page 26; Parcel 2: a portion of Tract 13 of Ft. Lauderdale Truck Farms Subdivision of Section 3 Township 49 South, Range 41 East, Plat Book 4 Page 31 as recorded 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 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. 304.4 and grant Major Revised Site Plan to allow for the construction of a one-story,11,015 square foot, eighteen (18) bedroom, twenty-two (22) bed Alzheimer's care facility with associated parking, landscaping, and infrastructure improvements, located on North University Drive, directly south of the existing Merrill Gardens Adult Living Facility (ALF),Parcel 1: Tract A of Merrill Gardens according to the Plat thereof, Plat Book 165, Page 26; Parcel 2: a portion of Tract 13 of Ft. Lauderdale Truck Farms Subdivision of Section 3 Township 49 South, Range 41 East, Plat Book 4 Page 31 as recorded in the Public Records of Broward County, Florida, is hereby granted. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Exhibit 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2010- 0� 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A TIME EXTENSION OF ONE (1) YEAR FOR FINAL SITE PLAN APPROVAL FOR THE MERRILL GARDENS II PROJECT, REQUESTED BY CRAVEN THOMPSON AND ASSOCIATES, INC., (EDWARD P. PLOSKI), DESIGNATED AGENT FOR THE PROPERTY OWNER, MERRILL GARDENS, LLC. (CASE NO. 1-SP-10); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Temp Reso # 11767 March 1, 2010 Page 1 WHEREAS, Chapter 10 of the City of Tamarac Code of Ordinances provides that the City Commission may grant time extensions on Site Plan approvals; and WHEREAS, the City Commission of the City of Tamarac, Florida, approved a Site Plan for the Merrill Gardens II project on March 25, 2009 via Resolution No. R-2009-43 (attached hereto as Exhibit "1 ", incorporated herein and made a specific part thereof); and WHEREAS, Craven Thompson and Associates, Inc., (Edward P. Ploski), Designated Agent for the property owner Merrill Gardens, LLC., has requested to have the Site Plan extended for one (1) year (attached hereto as Exhibit "2", incorporated herein and made a specific part thereof); and WHEREAS, the Director of Community Development recommends approval of the one (1) year Site Plan Extension; and Temp Reso # 11767 March 1, 2010 Page 2 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac, Florida to grant a time extension of one (1) year for final Site Plan approval for the Merrill Gardens, II project, as requested by Craven Thompson and Associated (Edward P. Ploski), Designated Agent for the property owner Merrill Gardens, LLC. 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, all exhibits attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: That the application for a one (1) year extension for the Merrill Gardens, II project requested by Craven Thompson and Associates (Edward P. Ploski), Designated Agent for the property owner Merrill Gardens LLC., 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 (attached hereto as Exhibit "3", of Temp Reso No. 11582 - Resolution No. R-2009-43) Temp Reso # 11767 March 1, 2010 Page 3 and approved final engineering drawings. B. Commencement of construction shall be no later than one (1) year from March 25, 2010 for the Merrill Gardens II project. 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 requirements. D. Additional conditions established in order to issue the revised development order are set forth as follows: That if, in the future, there were more stringent requirements for approval of a Site Plan, that Merrill Gardens II vgould modify their Site Plan to accommodate those new regulations. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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 5: adoption. Temp Reso # 11767 March 1, 2010 Page 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this l,)& day of ?14W4 , 2010. ATTEST: MARIOI`4 SW SON, CMC .CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. vov SA EL S. GO CITY ATTORNEY SIT'ruff/j, -� I BETH TALAMCO MAYOR Record of COMMISSION VOTE: MAYOR TALABISCO DIST 1: COMM BU HNELL DIST 2: COMM ATKINS-GRADZ4e-2_-- DIST 3: COMM GLASSER DIST 4: VM DRESSLER CITY OF TAMARAC 7625 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (954) 597-3530 DEVELOPMENT REVIEW STATUS SHEET Date: March 16, 2009 Orig. Dev. Order: 304 Revised Dev. Order: 304.4 Project: Merrill Gardens II Master File: 03-97 Location: 7650 University Drive Developer: Craven, Thompson, & Associates, Inc. Owner: Merrill Gardens, LLC. Zoning: B-5 Future Land Use Designation: Commercial Acres: 0.73 acres, more or less Recommended Date for Commission Action: March 25, 2009 1. DEVELOPMENT ORDER FOR: MAJOR REVISED SITE PLAN APPROVAL Comments: Subject to Findings. 2. PLANNING BOARD RECOMMENDATION: APPROVAL Date of Action: March 4, 2009 Planning Board findings of compliance with certified Plan: Yes 3. FINAL ENGINEERING DRAWINGS: On file in the City Engineer's Office 4. LANDSCAPE PLAN: September 13, 2006 5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A 1 6. DEVELOPERS AGREEMENTSIFEES (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 Fee Amount: NIA H. Public Works Engineering Fees Utility Engineering Fees I. Bonds (Utilities, Public Works) 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: N/A 2 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) Major Revised Site Plan $3,000.00 Engineering Review $300.00 u:\pats\userdata\wpdata\forms\drss 3 Exhibit 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2011- 31 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A TIME EXTENSION OF ONE (1) YEAR FOR FINAL SITE PLAN APPROVAL FOR THE MERRILL GARDENS II PROJECT, REQUESTED BY EPP TECH ASSOCIATES, INC., (EDWARD P. PLOSKI), DESIGNATED AGENT FOR THE PROPERTY OWNER, TAMARAC ACQUISITIONS, LLC. (CASE NO. 5-SP-11); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Temp Reso # 11999 March 14, 2011 Page 1 WHEREAS, Chapter 10 of the City of Tamarac Code of Ordinances provides that the City Commission may grant time extensions on Site Plan approvals; and WHEREAS, EPP Tech Associates, Inc., (Edward P. Ploski), Designated Agent for the property owner Tamarac Acquisitions, LLC., has requested to have the Site Plan for the Merrill Garden II project extended for one (1) year (attached hereto as Exhibit °1", incorporated herein and made a specific part thereofl; and WHEREAS, the City Commission of the City of Tamarac, Florida, granted Major Revised Site Plan approval for the Merrill Gardens II project on March 25, 2009 via Resolution No. R-2009-43 (attached hereto as Exhibit "2", incorporated herein and made a specific part thereof); and WHEREAS, the City Commission of the City of Tamarac, Florida has previously approved a Site Plan Extension for the Merrill Gardens 11 project on March 10, 2010 via Resolution No. R-2010-27 (attached hereto as Exhibit "3", incorporated herein and made a specific part thereof); and Temp Reso # 11999 March 14, 2011 Page 2 WHEREAS, the Director of Community Development recommends approval of the one (1) year Site Plan Extension; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac, Florida to grant a time extension of one (1) year for final Site Plan approval for the Merrill Gardens II project, as requested by EPP Tech Associates, Inc., (Edward P. Ploski), Designated Agent for the property owner Tamarac Acquisitions, LLC. 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, all exhibits attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: That the application for a one (1) year extension for the Merrill Gardens II project, requested by EPP Tech Associates, Inc. (Edward P. Ploski), Designated Agent for the property owner Tamarac Acquisitions, LLC, is hereby approved subject to the following conditions: Temp Reso # 11999 March 14, 2011 Page 3 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 (attached hereto as Exhibit "4", of Temp Reso No.11582 - Resolution No. R-2009-43) and approved final engineering drawings. B. Commencement of construction shall be no later than one (1) year from March 25, 2011 for the Merrill Gardens II project. 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 requirements. D. Additional conditions established in order to issue the revised development order are set forth as follows: 1. That if, in the future, there were more stringent requirements for approval of a Site Plan, that Merrill Gardens II would modify their Site Plan to accommodate those new regulations. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp Reso # 11999 March 14, 2011 Page 4 SECTION 4: 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 5: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this—23A4ay of W" , 2011. PAMELA BUSHNELL, MAYOR ATTEST: 1 l PETER M. J. t�VW 1kSOV, CRM, CITY CLER!C.`tQF .� ••• ARq�., 1g6S :cc- �© iC OIJ 00I111110\ I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. �J 3/� zlll SANE: EL S. CITY ATTORNEY CIVIC RECORD OF COMMISSION VOTE: MAYOR BUSHNELL DIST 2: V/M GOMEZ DIST 3: COMM. GLASSffi DIST 4: COMM. DRESSLER c% No Text