HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-034Temp Reso # 11999
March 14, 2011
Page 1
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.
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 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 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 (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:
1
1
1
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. f/�
PASSED, ADOPTED AND APPROVED this —23„-day of W44'r'L , 2011.
ATTEST:
;7
PETER M. J. IIAYMSOV, CRM,
CITY CLER',,.\ pF: �•••• AAgc.,.
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I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM.
SAWEL S.
CITY ATTORNE
PAMELA BUSHNELL,
MAYOR
I:N810
RECORD OF COMMISSION VOTE:
MAYOR BUSHNELL
DIST 2: V/M GOMEZ "
DIST 3: COMM. GLASScc��yytt��
DIST 4: COMM. DRESSLER co, 4,Z-L--
ell
1
February 22, 2011
Ms. Jennifer K. Bramley Director of Community Development
Community Development Department
City of Tamarac
7525 NW 88th Avenue
Tamarac, FI.33321-2401
RE: MERRILL GARDENS
SITE PLAN EXTENSION REQUEST
EPP TECH PROJECT NO. 11-0002
Dear Jennifer
The master site plan for the development was reviewed & approved by the City of
Tamarac in 2009 to add a 22 bed Alzheimer care facility building. The new facility will
share services with the existing Merrill Gardens retirement community complex.
Merrill Gardens has 42 existing studio units, 45 existing one -bedroom units & 8
existing two -bedroom units and the approved 22 bed Alzheimer care facility building.
In March 2010, the City Commission approved a one year site plan extension for the
Merrill Garden Master Site Plan. The reason for the extension was they could not
obtain construction financing for the proposed 22 bed Alzheimer Care Facility building.
The owners have invested money and time to have the site plan reviewed and
approved by the City of Tamarac. They also had the property platted in conjunction
with the 22 bed Alzheimer care facility building. The City of Tamarac and Broward
County reviewed and approved the Merrill Garden II plat. The plat was recorded into
the Broward County records in Plat Book 178, Pgs. 110 & 111; B.R.C. in March 2009.
The United States is slowly moving out of the worst financial crisis since the Great
Depression and the owners have still been unable to obtain construction financing for
ASSOCIATES, INC.
LAND PLANNING
5671245.0619
6928 Cd11eOe1 Paz5auth
,Boca Raton, R.33433
email.,ploskie@bellsouth.net
the project. The City of Tamarac and the surrounding communities have a great need
for an Alzheimer's Care Facility. We respectfully request another one year site plan
approval extension to obtain the needed construction financing to move the project
ahead for construction.
Please contact me and let me know if you have any questions on this site plan
extension request or need anything else. You can contact me at (561) 245-0819
or email: ploskie@bellsouth.net
bellsouth.net
Sincerely,
EPP TECH ASSOCIATES, &C
Edward P. Ploski AICP
President
epptech ASSOCIATES, INC.
EXHIBIT `A'
MERRILL GARDENS
SITE PLAN EXTENSION REQUEST
The master site plan for the development was reviewed & approved by the City of
Tamarac in 2009 to add a 22 bed Alzheimer care facility building. The new facility will
share services with the existing Merrill Gardens retirement community complex.
Merrill Gardens has 42 existing studio units, 45 existing one -bedroom units & 8
existing two -bedroom units and the approved 22 bed Alzheimer care facility building.
In March 2010, the City Commission approved another one year site plan extension
for the Merrill Garden Master Site Plan because of the economy.
The owners have invested money and time to have the site plan reviewed and
approved by the City of Tamarac. They also had the property platted in conjunction
with the 22 bed Alzheimer care facility building. The City of Tamarac and Broward
County reviewed and approved the Merrill Garden II plat. The plat was recorded into
the Broward County records in Plat Book 178, Pgs. 110 & 111; B.R.G. in March 2009.
The United States is slowly moving out of the worst financial crisis since the Great
Depression and the owners have still been unable to obtain construction financing for
the project. The City of Tamarac and the surrounding communities have a great need
for an Alzheimer's Care Facility. We respectfully request another one year site plan
approval extension to obtain the needed construction financing to move the project
ahead for construction.
Temp Reso #11582
March 16, 2009
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009- 1/3
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
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.
1
1
i
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 v?.� R44Z4�1 day of , 2009.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
CITY.ATTORNEY
BETH FLANSBAUM-TALABISCO
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FL.ANSSAUM-TALABISCO
DIST 1: COMM BUSHNELL
DIST 2: VM ATKINS-GRAD
DIST 3: COMM. GLASSER
DIST 4: COMM. DRESSLER
Temp Reso # 11767
March 1, 2010
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2010- 02 "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.
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 If 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
11
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 "S', of Temp Reso No.11682 - Resolution No. R-2000-43)
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 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.
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 a:
adoption.
Temp Reso # 11767
March 1, 2010
Page 4
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this AQ day of A/eiz , 2010.
"l
MARIOI'4 S."WEfY$ON, CMC
CI'fY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to farm.
SA EL S. GO ��N
CITY ATTOR Y
_0
"i'%
MAYOR
Record of COMMISSION VOTE:
MAYOR TALASISCO
DIST 1: COMM BU HNELL
DIST 2: COMM ATKINS-GRAD Z
DIST 3: COMM GLASSER
DIST 4: VM DRESSLER
C',
CITY OF TAMARAC
7525 NORTHWEST $$ AVENUE TAMARAC, FLORIDA 33321
TELEPHONE (964) 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 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: N/A
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
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
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