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HomeMy WebLinkAboutCity of Tamarac Resolution (127)February 25, 2002 - Temp Reso #9711 1 CITY OF TAMA AC, FLORIDA RESOLUTIO NO. R-2002-127 A RESOLUTION OF T E CITY COMMISSION OF THE CITY OF TAM AC, FLORIDA, ISSUING REVISED DEVELOPI 4ENT ORDER NO. 304.3 AND GRANTING NE VV DEVELOPMENT SITE PLAN APPROVAL TO MERRILL GARDENS II TO ALLOW THE CONSTRUCTION OF SEVEN (7) ONE-STORY RESIDE14TIAL RETIREMENT UNITS WITH ASSOCIATED PARKING, LANDSCAPING AND INFRASTRUCT JRE IMPROVEMENTS IN CONJUNCTION WITF THE EXISTING MERRILL GARDENS ADULT IVING FACILITY (ALF), LOCATED AT 7650 NORTH UNIVERSITY DRIVE, SPECIFICALLY A PC RTION OF TRACT 13 OF THE "FORT LAUD RDALE TRUCK FARMS SUBDIVISION" PLAT, ACCORDING TO THE PLAT THEREOF AS F ECORDED IN PLAT BOOK 4, PAGE 31 OF TH PUBLIC RECORDS OF BROWARD COUNTY FLORIDA (CASE NO. 35- SP-01); PROVIDING FOR CONDITIONS OF APPROVAL; PROVI ING FOR CONFLICTS; PROVIDING FOR ' SEVERABILITY; AND PROVIDING FOR AN 1EFFECTIVE DATE. WHEREAS, pursuant to the instructions of the City Commission of Tamarac, Florida, a public meeting has been advertised in accordance with applicable law of the date, time and place of the meeting iregarding the review of the application for a development order and site plan approval by the applicant for development approval; and WHEREAS, the City Commission has examined the application, the staff and Planning Board recommendations, andl the Development Review Status Sheet dated February 25, 2002 (attached hereto as �xhibit 1 "); and WHEREAS, the Development Review Committee recommended approval on February 8, 2002; and February 25, 2002 - Temp Reso #9711 2 WHEREAS, the Planning Board recommended approval on February 20, 2002; and WHEREAS, the Director of Community Development recommends approval; and WHEREAS, the City Commission will review this development order and site plan approval 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 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. 304.3 and grant New Development Site Plan approval to Merrill Gardens I I to allow the construction of seven (7) one-story residential retirement units with associated parking, landscaping and infrastructure improvements in conjunction with the existing Merrill Gardens Adult Living Facility (ALF), located at 7650 North University Drive, specifically a portion of Tract 13 of the "Fort Lauderdale Truck Farms Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida (Case No. 35-SP-01). 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. Februaty 25, 2002 - Temp Reso #9711 3 and granting of New Development Site' Ian approval to Merrill Gardens II to allow the construction of seven (7) one-story residential retirement units with associated parking, landscaping and infrastructure improvements in conjunction with the existing Merrill Gardens Adult Living Facility (ALF), loca�ed at 7650 North University Drive, specifically a portion of Tract 13 of the "Fort Lauderdale Truck Farms Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida (Case No. 35-SP-01); is HERE$Y APPROVED. SECTION 3: Revised Development Order No. 304.3 and the New Development Site Plan issued and granted herein are subject to the following conditions: A. The associated Special Exception request (Case No. 4-Z-02) to allow the construction of the seven (7)! retirement units must be approved by the City Commission. B. Construction is to be in comp) Bte compliance with the plans and specifications submitted by the developer to the City of Tamarac as described in Section II of the Development Review Sta�us Sheet and approved engineering drawings. Y i C. Commencement of construction shall begin no later than one (1) year from the date of this approval. 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 a0plicable regulations. D. All off -site improvements shall! be completed to the City's satisfaction prior to the issuance of a Certificate of 00cupancy. E. The development order is assignable, but an assignment does not discharge any assignee from strict compliance withlthe order unless the City Commission consents to February 25, 2002 - Temp Reso #9711 4 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 application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 8t" day of May, 2002. -,ATTEST: _ .MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form ITCHELL" CITY ATT 11reso RECORD OF COMMISSION VOTE: MAYOR SCHREIBER A el DIST 1: V/M. PORTNER ,4 el DIST 2: COMM. MISHKIN E&LA� DIST 3: COMM. SULTANOF_Ayel DIST 4: COMM. ROBERTS A ev 1 1 1 EXHIBIT "1" TEMP RESO #9711 • Ll CITY C F TAMARAC 7525 NORTHWEST 88 AVE 4UE TAMARAC, FLORIDA 33321 TELEPHO E (954) 724-1292 DEVELOPMENT F EVIEW STATUS SHEET Date: February 25, 2002 Orig. Dev. Order: 304 Revised Dev. Order: 304.3 Project: Merrill Gardens II ----Master-File- -03=9 Location: 7650 North University D Developer: CPH Engineers, Inc. Owner: Merril Gardens, LLC Zoning: B-5 Future Land Use Designation: Commercial Acres: .73 acres, more or less Recommended Date for Commission Ac�tion. March 13, 2002 1. DEVELOPMENT ORDER FOR: NEVI DEVELOPMENT SITE PLAN APPROVAL Comments: Subject to Findings. 2. PLANNING BOARD RECOMMENDATION: APPROVAL Date of Action: February 20,12002 Planning Board findings of compliance with certified Plan: Yes 3. FINAL ENGINEERING DRAWINGS:] Dated Received: On File in tho City Engineer's Office. 4. LANDSCAPE PLAN: February 1, �002 5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A 1 EXHIBIT "1" TEMP RESO #9711 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. I'? C. Ld Other Development Agreements (Covenants, Stipulations, etc.) Utility Easement, Blanket Public Safety Ingress/Egress Easement, ---Public-Utility-Easement--- wee-Amount:--T-c-be-determined ------ Drainage Retention: N/A Fee Amount: N/A 5% Required/Acres Deficiency/Acres X $45,500/Acre 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: To be determined H. Public Works Engineering Fees Fee Amount: To be determined Utility Engineering Fees Fee Amount: To be determined I. Bonds (Utilities, Public Works) 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: $574.00 111 �q F- I EXHIBIT "1" TEMP RESO #9711 7. DEVELOPMENT REVIEW REQUI EMENTS A. Potable Water Service Certification of Utilities Engi eer or Consulting Engineer of Availability Service: AVAILABLE X WILL 13E 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 Servi e Determination of Availabilit' of Service: AVAILABLE WILL flE AVAILABLE X NOT AVAILABLE D. Drainage Adequately Certification of City Engine r or Consulting City Engineer of Adequacy of Drainage ADEQUATE WILL E E ADEQUATE X NOT ADEQUATE E. Regional Transportation NO twork Compliance with Minimum tandards: COMPLIES X WILL COMPLY DOES NOT COMPLY F. Local Streets and Roads Compliance with MinimumStandards: COMPLIES X WILL COMPLY DOES NOT COMPLY G. Police Protection Service Compliance with MinimumStandards: COMPLIES WILL OMPLY X DOES NOT COMPLY H. Local Parks (Parks and Re reation Facilities) N/A I. School Sites: To be determined by Broward County School Board 8. PROCESSING FEES (PAID) Site Plan $2,250.00 u:\pats\userdata\wpdata\forms\9711 drss 3 MERRILL GARDENS CASE NO.35-SP-01 -TEMP RESO #9711 R-4A I B-6 SITE B 5 JR-3U S-1 ������011 300 0 300 Feet F A y�{ U CITY COMMISSION City of Tamarac March 13, 2002 J. Christopher King 7525 N.W. 88th Ave., Tamarac, Florida 33321-2401 Director Telephone: (954) 724-1292 New Development Site Plan Community Development Facsimile: 724-2453 • • RU DEN MCCL©SKY SMITH SCHUSTER & RUSSELL, RA. •• Mr. J. Christopher King City Hall Community Develorment Department 7525 Northwest 881 Avenue Tamarac, FL 33321 _r y 01E II F LOPMEI I 02 � R, 2 9 Am to: D 6 Re: Merrill Gardens L.L.C. Designation of Agent for Dear Mr. King: Enclosed please find a copy of tl Proceedings for the City Commission meet the Existing Developer's Agreement and Sitl If you have any questions, please call Enclosure cc: Susan P. Motley, Esq. Deena M. Tonning, Esq. FTL:848957:1 126, 2002 i Judicial Proceedings 200 EAST BROWARD BOULEVARD FORT LAUDERDALE, FLORIDA 33301 POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 (954) 761-2963 FAX: (954)333.4061 EVA. BE RTU GLIA(&RU DE N.COM Designation of Agent Form for Quasi -Judicial ig regarding the Special Exception, Amendment to Plan to be held on May 8, 2002. me. Sincerely, RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. Eva Bertuglia ,Assistant to Deena M. Tonning i FORT LAUDERDALE ■ MIAMI ■ NAPLES • PORT ST. LUCIE ■ SAf ASOTA ■ 5T. PETERSBU RG ■ TALLAHASSEE ■ TAMPA ■ WEST PALM BEACH DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEEDINGS DATE: 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. Ruden McClosky, et al. , WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING TO BE HELD ON May 8, 2002 _ IN MY ABSENCE. IN ADDITION, Ruden McClosky, et al. HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO 7650 N. Universi Drive (Address of subject property) THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATURE OF OWNER: NAME/ADDRESS AND PHONE NO. OF DESIGNATED AGENT: hc1,�Llq•, � • S.ndhe� � DtreG�vr cF De�nP n�rKt :'Merrill Gardens L.L.C. Ruden, McClosky, et al.^ (Print Name of Owner) (Print Name of Designated Agent) 200 East Broward Boulevard Fort Lauderdale. FL 33301 Phone:954-527-2412 Fax: 954-333-4012 STATE OF FLORIDA: COUNTY OF BROWARD: The foregoing instrument was acknowledged before me this day of ,200 2., by -, ncAyc-­S owner of property, w4Ha-is-pe�q r h. s r�oduced identification ( VL _0( ICOS and who (did/did (type of id ntification) not) take an oath. -.- ;:��'r' Kristen Ferretti No'tary Pubfie,$tatef Florida ...: ._ MY COMMISSION # CC834663 EXPIRES o May 9, 2003 ;f BONDED TNRU TROY FAIN INSURANCE INC (Type or print name of Notary) FTL:853526:1