HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-026Temp Reso # 11766
March 1, 2010
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2010- c)-6
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 PALMS
MEDICAL CAMPUS PROJECT, REQUESTED BY
VIRTUAL DESIGN GROUP (ERIC MILLS,
APPLICANT), DESIGNATED AGENT FOR THE
PROPERTY OWNER COURTYARD
PROPERTIES (JOSEPH VITOLO, OWNER)
(CASE NO. 2-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 Palms Medical Campus project on February 27, 2008 via Resolution No.
R-2008-27 (attached hereto as Exhibit "1 ", Temp Reso No. 11358 and incorporated herein
and made a specific part thereof); and
WHEREAS, Eric Mills of Virtual Design Group, Designated Agent for the property
owner Courtyard Properties (Joseph Vitolo) for Palms Medical Campus has requested to
have the Site Plan extended for one (1) year (attached hereto as Exhibit "2" and
incorporated herein and made a specific part thereof); and
WHEREAS, on March 25, 2009 the City Commission of the City of Tamarac, Florida
approved a one (1) year Site Plan Extension via Resolution No. R-2009-32 (attached
hereto as Exhibit "3", and incorporated herein and made a specific part thereof); and
Temp Reso # 11766
March 1, 2010
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 to grant a time
extension of one (1) year for final Site Plan approval for the Palms Medical Campus as
requested by Eric Mills of Virtual Design Group, Designated Agent for the property
owner Courtyard Properties (Joseph Vitolo).
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 Palms
Medical Center project as requested by Eric Mills of Virtual Design Group, Designated
Agent for the property owner Courtyard Properties (Joseph Vitolo), 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 1", Temp Reso No. 11358 of Resolution No. R-2007-27)
Temp Reso # 11766
March 1, 2010
Page 3
and approved final engineering drawings.
B. Commencement of construction shall be no later than one (1) year
from February 27, 2010 for the Palms Medical Campus Site Plan. 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 Palms Medical Cal�npus 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.
Temp Reso # 11766
March 1, 2010
Page 4
SECTION 5: This Resolution shall become effective immediately upon its
adoption.
PASSED, ADOPTED AND APPROVED this /� day of�� , 2010.
BETH TALABIS06
MAYOR
ATTEST:
Record of COMMISSION VOTE:
MARIGN $)WENSON, CMC MAYOR TALABISCO �
-CI-TY CLERK DIST 1: COMM BUSHNELL
DIST 2: COMM ATKINS-GRA
DIST 3: COMM GLASSER—�'
DIST 4: VM DRESSLER
I HEREBY CERTIFY that 60,
I have approved this
RESOLUTION as to form.
)m�
SA EL S. GO
CITY ATTOR Y
1
1
4*
Temp Reso #11358 — February 11, 2008
Revision #1 — February 28, 2008
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2008- a?
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA, ISSUING REVISED DEVELOPMENT ORDER NO. 286.3 AND
GRANTING NEW DEVELOPMENT SITE PLAN APPROVAL FOR THE PALMS
MEDICAL CAMPUS PROJECT TO ALLOW FOR THE CONSTRUCTION OF A
TOTAL OF 17,850 SQUARE FEET TO BE DIVIDED AMONG FOUR (4)
SINGLE STORY OFFICE BUILDINGS FOR USE AS A MEDICAL OFFICE
CONDOMINIUM CAMPUS, LOCATED AT THE NORTHEAST CORNER OF
NW 77TM STREET AND UNIVERSITY DRIVE, SPECIFICALLY LOTS 24 AND
25, BLOCK 11 OF "LYONS COMMERCIAL SUBDIVISION NO. 3",
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 76,
PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA;
(CASE NO. 23-SP-07); PROVIDING FOR CONDITIONS OF APPROVAL;
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 New Development Site Plan for development approval; and
WHEREAS, the City Commission has examined the application, the staff and Planning
Board recommendations, and the Development Review Status Sheet dated February 11 , 2008
(attached hereto as Exhibit "'I"); and
WHEREAS, the Director of Community Development recommends approval; and
WHEREAS, the Planning Board recommended approval on February 20, 2008; and
WHEREAS, the City Commission reviewed this Revised Development Order and
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
Temp Reso #11358 — February 11, 2008
Revision #1 -- February 28, 2008
Page 2
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 the
best interests of the citizens and residents of the City of Tamarac to issue Revised Development
Order No. 286.3 and grant New Development Site Plan approval for the Palms Medical Campus
project to allow for the construction of a total of 17,850 square feet to be divided among
four (4) single story office buildings for use as a medical office condominium campus,
located at the northeast corner of NW 771h Street and University Drive, specifically Lots 24
and 25, Block 11 of "Lyons Commercial Subdivision No. 3", according to the Plat thereof as
recorded in Plat Book 76, Page 31 of 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 application of the New Development Site Plan for the Palms
Medical Campus project to allow for the construction of a total of 17,850 square feet to be
divided among four (4) single story office buildings for use as a medical office condominium
campus, located at the northeast corner of NW 77 h Street and University Drive, specifically
Lots 24 and 25, Block 11 of "Lyons Commercial Subdivision No. 3", according to the Plat
thereof as recorded in Plat Book 76, Page 31 of the Public Records of Broward County,
Florida; is HEREBY APPROVED subject to the following condition:
A. That the property owner performs a traffic study six months after the
Temp Reso #11358 — February 11, 2008
1
1
Revision #1 — February 28, 2008
Page 3
last Certificate of Occupancy to determine if a modification to the
existing traffic light is warranted at the egress onto University Drive just
north of the subject property.
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: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this day of , 2008.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
A�
•
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: V/M PORTNER
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
N
EXHIBIT "1"
F.
TEMP RESO #11368
CITY OF TAMARAC
7525 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321
TELEPHONE (964) 597-3530
DEVELOPMENT REVIEW STATUS SHEET
Date: February 11, 2008
Orig. Dev. Order: 286
Revised Dev. Order: 286.3
Project: The Palms Medical Campus
Master File: 19-82
Location: Northeast corner of NW 77th Street and University Drive
Developer: Virtual Design Group / Eric Mills
Owner: R & S Enterprise / Ed Rega
Zoning: B-6
Future Land Use Designation: Commercial
Acres: 2.31 acres, more or less
Recommended Date for Commission Action: February 27, 2008
1. DEVELOPMENT ORDER FOR: NEW DEVELOPMENT SITE PLAN APPROVAL.
Comments: Subject to Findings.
2. PLANNING BOARD RECOMMENDATION: APPROVAL
Date of Action: February 20, 2006
Planning Board findings of compliance with certified Plan: Yes
3. FINAL ENGINEERING DRAWINGS:
On file in the City Engineer's Office
4. LANDSCAPE PLAN: N/A
5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A
1
4
EXHIBIT "1"
TEMP RESO #11368
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
2
N
EXHIBIT $51"
TEMP RESO #11368
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
F. Local Streets and Roads
Compliance with Minimum Standards:
COMPLIES X WILL COMPLY
G. Police Protection Service
Compliance with Minimum Standards:
COMPLIES WILL COMPLY X
H. Local Parks (Parks and Recreation Facilities)
School Sites: N/A
8. PROCESSING FEES (PAID)
New Development Site Plan
3
DOES NOT COMPLY
DOES NOT COMPLY
N/A
$3,000.00
;�, ,�, /- 2-
Office & Industrial Leasing Specialists
LEASING
954-572-6900
(F) 954-572-2678
January 19, 2010
Mr. Frank Zickar
Planning and Zoning Manager
City of Tamarac
7525 NW 88 Avenue
Tamarac, FL 33321
4577 Nob Hill Rd. Suite 105
Sunrise, FL 33351
Re: The Palms Medical Campus
Request for Site Plan Extension
(Expiration: February 27, 2010)
Dear Mr. Zickar:
DESIGN & CONSTRUCTION
954-572-5451
(F) 954-572-8841
It pains me to write this request for the City of Tamarac to extend our Site Plan for
another year through February 27, 2011; however, I must ask that you take the following
under consideration when asking the City Commission to gram us this extension.
As you recall, our company wrote to you on September 11, 2009 expressing our need for
a Site Plan extension and provided your office with the distressing news that our lender,
Metro Bank, was unable to complete its commitment to our construction loan. I have
included a copy of that correspondence for the Commission's reference.
Since the passing of the last quarter of 2009, our company still faces the complications of
finding the proper financing in the economic downturn we continue to experience. Not
only is financing a challenge, marketing results still lack response from the medical
community.
COURTYARD BUSINESS CENTER • COURTYARD MEDICAL CENTERS • COURTYARD DISTRIBUTION CENTERS
COURTYARD OFFICE PLAZA • COURTYARD CORPORATE PARK • COURTYARD JOINT VENTURE
Mr. Frank Zickar
Planning and Zoning Manager
City of Tamarac
RE: Site Plan Extension for The Palms Medical Campus
Page 2-
In lieu of this current disastrous financial outlook, our company refuses to give up hope
by continuing our request for a Site Plan extension to be granted by the City of Tamarac.
We are looking ahead, knowing that the quality of this project will offer a unique setting
for a fresh "Recovery -Ready" start for the medical professionals seeking growth in their
practices.
Not only will the medical professionals benefit from the final outcome, possibly more
importantly, the job creations resulting from the construction of this project alone, will
help stimulate our local businesses.
I have included additional supporting documentation of the current banking trends and
miscellaneous references on medical real estate trends. The common thread of the real
estate market offers the "hang -on" approach due to increasing volume of "Boomers"
requiring medical attention ranging from increased visits to their primary care provider to
a variety of specialists. Keeping in mind, the crisis in the Healthcare Plan muddies the
developer's sights due to its unknown direction. As far as construction loans, we are
confident that financing will be more obtainable over the horizon.
We are ready to ride this recession's wave to the shore -line of recovery. We look
forward to Tamarac's Development Review Committee and the City Commission's
positive response in granting this Site Plan Extension until February 27, 2011.
Sincerely,
Joseph Vitolo,
Courtyard Properties
Enclosures: $1,000.00 Ck # 1196/review fee
Multiple articles of reference
COURTYARD BUSINESS CENTER • COURTYARD OFFICE CENTER • COURTYARD DISTRIBUTION CENTERS
COURTYARD OFFICE PLAZA • COURTYARD CORPORATE PARK 9 COURTYARD JOINT VENTURE
I/
e�rX4. X,, / -3
K11
Temp Reso # 11579
March 2, 2009
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009- 3�,
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 PALMS
MEDICAL CAMPUS PROJECT, REQUESTED BY
VIRTUAL DESIGN GROUP (ERIC MILLS,
APPLICANT), DESIGNATED AGENT FOR THE
PROPERTY OWNER COURTYARD
PROPERTIES (JOSEPH VITOLO, OWNER)
(CASE NO. 3-SP-09); 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 Palms Medical Campus project on February 27, 2008 via Resolution No.
R-2008-27 (attached hereto as Exhibit "1 ", Temp Reso No.11358 and incorporated herein
and made a specific part thereof); and
WHEREAS, Virtual Design Group (Eric Mills, Applicant), Designated Agents for the
property owner Courtyard Properties (Joseph Vitolo, Owner) for Palms Medical Campus
has requested to have the Site Plan extended for one (1) year (attached hereto as Exhibit
"2" and 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
Temp Reso # 11579
March 2, 2009
Page 2
the best interest of the citizens and residents of the City of Tamarac to grant a time
extension of one (1) year for final Site Plan approval for the Palms Medical Campus,
Virtual Design Group (Eric Mills, Applicant), Designated Agent for the property owner
Courtyard Properties (Joseph Vitolo, Owner).
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 Palms
Medical Center project requested by Virtual Design Group (Eric Mills, Applicant),
Designated Agent for the property owner Courtyard Properties (Joseph Vitolo, Owner),
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 "'I", Temp Reso No. 11358 of Resolution No. R-2007-27)
and approved final engineering drawings.
B. Commencement of construction shall be no later than one (1) year
from February 27, 2009 for the Palms Medical Campus Site Plan. If
the development does not commence construction within one (1)
l
Temp Reso # 11679
March 2, 2009
Page 3
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
1
1
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 Palms Medical Campus 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 shalt not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 5:
adoption.
This Resolution shall become effective immediately upon its
Temp Reso # 11579
March 2, 2009
Page 4
PASSED, ADOPTED AND APPROVED this ,? day of IIZIL110�', 2009.
B TH L..ANSBAUM- LABISCO
j MAYOR
ATTEST: '
RECORD OF COMMISSION VOTE:
MARION�SWEN ON, CMC MAYOR FLANSBAUM-TALABISCO
CITY tL.ERK DIST 1: COMM BUSHNELL
DIST 2: VM ATKINS-GRAD r
DIST 3: COMM. GLASSER_
DIST 4: COMM. DRESSLER
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
S S. GOREN
CITY ATTORNEY