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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-1041 March 25, 1998 - Temp. Reso. #8177 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98-/04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING DEVELOPMENT ORDER NO. 304 FOR THE "MERRILL GARDENS PLAT" REQUESTED BY MERRILL GARDENS, L.L.C., OWNER, TO ALLOW THE CONSTRUCTION OF A 107 BED, 99 SLEEPING ROOM (50 DWELLING UNIT) ASSISTED LIVING FACILITY (ALF) LOCATED AT THE SOUTHEAST CORNER OF UNIVERSITY DRIVE AND NW 77 STREET; SPECIFICALLY A PORTION OF TRACT 13 OF "FORT LAUDERDALE TRUCK FARMS SUBDIVISION" OF SECTION 3, TOWNSHIP 49 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; CASE NO. 14-P-97; PURSUANT TO THE PROVISIONS OF SECTION 10-2 THROUGH 10-29 OF THE TAMARAC CODE OF ORDINANCES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a plat has been submitted by Merrill Gardens, L.L.C., Owner, identified as the Merrill Gardens Plat 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 1 March 25, 1998 - Temp. Reso. #8177 2 development order by the applicant for development approval; and WHEREAS, the City Commission has examined and investigated the application, staff and Planning Commission recommendations, and the attached Development Review Status Sheet dated March 25, 1998 (attached hereto as Exhibit "'I"); and WHEREAS, the City Commission reviewed the 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 prior to the issuance of a Certificate of Occupancy for the development that is the subject of the application; and WHEREAS, the Planning Commission of the City of Tamarac has reviewed said plat and has made recommendation for approval of said plat on March 18, 1998; 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 grant Development 1 March 25, 1998 - Temp. Reso. #8177 3 Order No. 304 and Plat approval to the Merrill Gardens Plat requested by Merrill Gardens, L.L.C., Owner, to allow the construction of a 107 bed, 99 sleeping room (50 dwelling unit) Assisted Living Facility (ALF) located at the southeast corner of University Drive and NW 77 Street; specifically a portion of Tract 13 of "Fort Lauderdale Truck Farms Subdivision" of Section 3, Township 49 South, Range 41 East, according to the Plat thereof, as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida; Case No. 14-P-97. 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 is hereby made a specific part of this Resolution. SECTION 2: That upon recommendation of the Planning Commission, the Director of Community Development and the City Engineer, the plat submitted for approval, the "Merrill Gardens Plat" requested by Merrill Gardens, L.L.C., Owner, to allow the construction of a 107 bed, 99 sleeping room (50 dwelling unit) Assisted Living Facility (ALF) located at the southeast corner of University Drive and NW 77 Street; specifically a portion of Tract 13 of "Fort Lauderdale Truck Farms Subdivision" of Section 3, Township 49 South, Range 41 East, according to the Plat thereof, as recorded in Plat Book 4, Page 1 1 March 25, 1998 - Temp. Reso. #8177 4 31 of the Public Records of Broward County, Florida; Case No. 14-P-97, is hereby approved. SECTION 3: That the development described on the attached Development Review Status Sheet dated March 25, 1998, is granted a development order subject to the following conditions: (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: That the Mayor and City Clerk are hereby authorized and instructed to execute said plat. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: 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. 1 March 25, 1998 - Temp. Reso. #8177 5 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this g day of , 1998. 114W4 Z' JOE SCHREIBER MAYOR ATTEST: CAROL GO CMC/AAE CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form, "ELL S. Wi; CITY ATTORN com mdev\u:\userdata\wpdata\res\8177 reso\ps RECORD OF COMMISS N VOTE MAYOR _ SCHREIBER. DIST 1: COMM. MCKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS CITY OF TAMARAC 7525 NORTHWEST 88 AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (305) 724-1292 DEVELOPMENT REVIEW STATUS SHEET Date: March 25, 1998 Orig. Dev. Order: 304 Revised Dev. Order: Project: Merrill Gardens Plat Master File: 3-97 Location: Southeast corner of University Drive and NW 77 Street Developer: Merrill Gardens, L.L.C. Owner: Merrill Gardens, L.L.C. Zoning: B-2 Future Land Use Designation: Commercial Acres: 4.13 Recommended Date for Commission Action: April 8, 1998 1. DEVELOPMENT ORDER FOR: PLAT APPROVAL Comments: Subject to Findings. 2. PLANNING COMMISSION RECOMMENDATION: APPROVAL Date of Action: March 18, 1998 Planning Commission findings of compliance with certified Plan: Yes 3. FINAL ENGINEERING DRAWINGS: Dated Received: Due at Final Site Plan Review 4. LANDSCAPE PLAN: Due at Final Site Plan Review 5. BROWARD COUNTY DEVELOPMENT REVIEW COMMITTEE REPORT: N/A EXHIBIT "1" 1 TEMP RESO #8177 . 6. DEVELOPERS AGREEMENTS/FEES (where applicable) is A. Water and Sewer Developer's Agreement: Utilities Engineer City Attorney Required before Building or Utility Construction Permits are issued. C� B. Other Development Agreements (Covenants, Stipulations, etc.) Utility Easement, Blanket Public Safety Ingress/Egress Easement, Public Utility Easement Fee Amount: To be determined at Final Site Plan Approval C. Drainage Retention: N/A 5% Required/Acres Deficiency/Acres X $45,500/Acre D. Drainage Improvement: N/A Project Acreage X $130.00/Acre E. Water & Sewer Contribution Charges Fee Amount: N/A Fee Amount: N/A Fee Amount: To be determined by Water/Sewer Developer's Agreement. F. ERC Review Fee, if more than 9 ERC's Fee Amount: Required G. Local Parks/Recreation Fee Amount: N/A H. J Public Works Engineering Fees Utility Engineering Fees Bonds (Utilities, Public Works) 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 On Site Beautification 0 K. Local Traffic Impact Fees: Fee Amount: N/A Fee Amount: Determined at Final Site Plan Approval. EXHIBIT 64 1" 2 TEMP RESO #8177 0 • 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 To be determined by Broward County 8. PROCESSING FEES (PAID) Plat Application Fee $1,225.00 u:\pats\userdata\wpdata\forms\8177d rss I* EXHIBIT 99 1" 3 TEMP RESO #8177