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HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-027Temp Reso # 11767 March 1, 2010 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2010- �),'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 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 1 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, I I 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 0 ) 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) 1 1 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 5: adoption. Temp Reso # 11767 March 1, 2010 Page 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this /,�day of /Icg4l , 2010. ATTEST: 'l C MARION SWEfJSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SA EL S. GO CITY ATTOR Y 11141YOT Record of COMMISSION VOTE: MAYOR TALABISCO DIST 1: COMM BU HNELL DIST 2: COMM ATKINS-GRAD DIST 3: COMM GLASSER DIST 4: VM DRESSLER-� 1 E 1 Temp Reso #11682 March 16, 2009 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009- T 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: E TI N 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. i F 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 a25- day of Ra'oz� , 2009. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. kMUE. GOREN CITY ATTORNEY BETH FLANSBAUM-TALABISCO MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM BUSHNELL DIST 2: VM ATKINS-GRAD l�flT-ct� DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER .Q1 CRRJEN 1ROMPSON & ASSOCIATES INC Engineers Planners Surveyors 3563 N.W. 53rd Street Fort Lauderdale, FL 33309-6311 (954)739-6400 Fax (954) 739-6409 West Palm Beach January 21, 2010 Ms. Jennifer K. Bramley Director of Community Development Community Development Department City of Tamarac 7525 NW 88th Avenue Tamarac, Florida 33321-2401 RE: MERRILL GARDENS SITE PLAN EXTENSION REQUEST CTA Proiect No. 08-0018-001-01 Dear Jennifer: The project received a Revised Development Order and Major Revised Site Plan Development approval by Resolution No. R-2009-43 on March 25, 2009. My client has been trying to obtain, construction financing for the project for over a year without any luck. Without the construction financing they have been unable to move the project ahead for construction. 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 site plan. The City and Broward County approved the plat and it was recorded in Plat Book 178, Pgs. 110 & 110; BCR in March 2009. The United States is in the worst financial crisis since the Great Depression and the owner he been unable to obtain construction financing for the project. The City of Tamarac and the surrounding community's have a need for an Alzheimer's Care Facility and we respectfully request a one year site plan approval extension to obtain the needed construction financing to move the project ahead for construction. Attached is a check for $1000.00 for the site plan extension review fee request. Please contact me and let me know what the process is to apply for a one year site plan approval extension. You can contact me at (954) 739-6400 x 378 or email: eploski@craventhompson.com Sincerely, VAVEN THO, vMP ASSOCIATES, INC. 4w / - EDWARD P. PLOSKI, AICP Senior Planner cc email: Teresa Fritsch-Chartwell Seniors Housing, REIT EXHIBIT `A' MERRILL GARDENS SITE PLAN EXTENSION REQUEST The site plan for the development was revised & 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. 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 has 42 existing studio units, 45 existing one -bedroom units, 8 existing two -bedroom units and the approved 22 bed Alzheimer car facility building. In 2009 the City also approved the Merrill Gardens II, in which the proposed 22 bed Alzheimer care facility is to be constructed. The plat is recorded in Plat Book 178, Pg. 110 & 11 l; BCR. 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 site plan. The City and Broward County approved the plat and it was recorded in Plat Book 178, Pgs. 110 & 110; BCR in March 2009. The United States is in the worst financial crisis since the Great Depression and the owner he been unable to obtain construction financing for the project. The City of Tamarac and the surrounding community's have a need for an Alzheimer's Care Facility and we respectfully request a one year site plan approval extension to obtain the needed construction financing to move the project ahead for construction. Attached is a check for $1000.00 for the site plan extension review fee request. �kk /- 6 1.�,g CITY OF TAMARAC 7525 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (954) 697-3530 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 S. 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. 8. 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) I. School Sites: N/A PROCESSING FEES (PAID) Major Revised Site Plan $3,000.00 Engineering Review $300.00 u:\pats\userdata\wpdata\forms\drss K DOES NOT COMPLY DOES NOT COMPLY DOES NOT COMPLY N/A