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HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-166Temp. Reso. #11517 November 12, 2008 Revision No. 1 — 11 /05/08 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2008- 166 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ISSUING DEVELOPMENT ORDER NO. 304.4 AND GRANTING PLAT APPROVAL OF A PLAT FOR THE "MERRILL GARDENS II PLAT", REQUESTED BY EDWARD P. PLOSKI, OF CRAVEN, THOMPSON, AND ASSOCIATES DESIGNATED AGENT FOR THE PROPERTY OWNER MERRILL GARDENS, LLC., FOR THE PROPERTY LOCATED AT 7650 NORTH UNIVERSITY DRIVE; (CASE NO. 2-P-08); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR EXECUTION OF SAID PLAT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a plat has been submitted by Edward P. Ploski, designated agent for the property owner identified as the "Merrill Gardens II Plat", (attached hereto as Exhibit 1 ") for approval by the City of Tamarac; and WHEREAS, pursuant to the instructions of the City Commission of Tamarac, Florida, a public meeting has been advertised in accordance with the applicable law of the date, time and place of the meeting regarding the review of the application for a development order by the applicant for development approval; and WHEREAS, the City Commission has examined and investigated the application, staff and Planning Board recommendations, and the attached Development Review Status Sheet dated November 5, 2008 (attached hereto as Exhibit "2"); and WHEREAS, the City Commission reviewed the development order and accompanying documents at a public meeting; and Temp. Reso. #11517 November 12, 2008 Revision No. 1 — 11 /05/08 Page 2 WHEREAS, the City Commission has determined that the application is in compliance with all elements of the Comprehensive Plan, or will be in compliance prior to the issuance of a Building Permit for the development that is the subject of the application; and WHEREAS, the Planning Board of the City of Tamarac has reviewed said plat and has made recommendation for approval of said plat on November 5, 2008; and WHEREAS, the City Engineer has reviewed said plat and has made recommendation for approval and acceptance of said plat by the City of Tamarac; and WHEREAS, the Development Review Requirements of the Broward County Land Use Plan appeared to have been satisfied; and WHEREAS, the Director of Community Development recommends approval of the plat; 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 Development Order No. 304.4 and grant Plat approval of a Plat for the "Merrill Gardens II Plat", requested by Edward P. Ploski, designated agent for the property owner, located at 7650 North University Drive; and WHEREAS, the proposed plat be restricted to no more than twenty-two (22) dwelling units and that nine (9) reserve units be applied to this property to allow for the residential density. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 1 C 7 Temp. Reso. #11517 November 12, 2008 Revision No. 1 —11 /05/08 Page 3 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 upon recommendation of the Planning Board, the Director of Community Development and the City Engineer, the plat submitted for approval, the "Merrill Gardens II Plat", requested by Edward P. Ploski, designated agent for the property owner, located at 7650 North University Drive; is HEREBY APPROVED. SECTION 3: That the development described on the attached Development Review Status Sheet dated November 12, 2008 granted a development order subject to the following condition: (a) The 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. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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 portion or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this ATTEST: ,1 MARION SWE SON, CMC -CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 7 SAMUEL S. EN CITY ATT NEY Temp. Reso. #11517 November 12, 2008 Revision No. 1 — 11 /05/08 Page 4 n r day oflf 2008. io �A ( 0" z�e) BETH FLANSBAU—TALABISCO, MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO L G DIST 1: COMM BUSHNELL DIST 2: COMM ATKINS-GRAD - DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER e4a© , E 1 Cv. I CITY COMMSSION Jennifer Bramley 'l,ll',I9iva1° Director NOVEMBER 12, 2008 Community Development Department 1 y 7525 N.W 88thAve Tamarac, FL 33321-2401 CASE NO 2-P-08 Tlelephone (954) 597-3530 EXHIBIT "2" TEMP RESO #11517 CITY OF TAMARAC 7525 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (954) 597-3530 DEVELOPMENT REVIEW STATUS SHEET Date: November 3, 2008 Orig, Dev. Order: 304.4 Revised Dev. Order: N/A Project: Merrill Gardens II Plat Master File: 03-97 Location: North University Drive, directly south of the existing Merrill Gardens Adult Living Facility (ALF) Developer: Craven, Thompson, and Associates, Inc. Owner: Merrill Gardens c/o Brazos Tax Group, LLP c/o Teresa Fritsch Zoning: B-5 (Limited Business) Future Land Use Designation: Commercial Acres: 0.703 acres, more or less Recommended Date for Commission Action: November 12, 2008 1. DEVELOPMENT ORDER FOR: PLAT APPROVAL Comments: Subject to Findings. 2. PLANNING BOARD RECOMMENDATION: APPROVAL Date of Action: November 5, 2008 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 S. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A 1 EXHIBIT " 2" TEMP RESO #11517 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 1 EXHIBIT " 2" TEMP RESO #11517 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) Plat: Engineering Review Fee: N/A DOES NOT COMPLY DOES NOT COMPLY DOES NOT COMPLY $3,000.00 $300.00 Ec3 DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEEDINGS DATE: CASE NO.: IN THE MATTER O : 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. Susan P. Motley, Ruden McClasky WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING TO BE HELD IN MY ABSENCE. IN ADDITION, Edward P. Ploski, craven Thompson HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO property south and adjacent to 7650 N University Drive (Address of subject property) THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATURE OF OWNER: (Print Name of Owner) Pr3'J.Wd OF C> ►%) 7-/%Q NAME/ADDRESS AND PHONE NO, OF DESIGNATED AGENT: koi I z (Print Name of Designated Agent) Ruden McCloskey 200 East Broward Boulevard, Suite 1500 Fort Lauderdale, FL 33301 Phone:954-527-2412 Fax:954-333-4012 COUNTY OF C-+,0J4tP-A The foregoing instrument was acknowledged before me this 2b day of r ,J -� F _4 2DD�, by 14rti� LL _—_�'w'ner of property, who is personally known to me or has produced identification ( )and (type of identification) 61 �. who (did/did-net) .take an o Notary Public Stte of l; Nz� My Commission Expires: /JiA W,A, z....•� (Type or print name of Notary)