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HomeMy WebLinkAbout1992-09-15 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COUNCIL WORKSHOP TUESDAY, SEPTEMBER 15, 1992 Tape 1 CALL TO ORDER : Mayor Bender called the City Council Workshop to order at 5:36 P.M. in Council Chambers, City Hall. PRESENT : Mayor H. L. Bender Vice Mayor Henry Schumann Councilman Norman Abramowitz Councilman Irving Katz ABSENT AND EXCUSED : Councilman Joseph Schreiber (arrived at 5:40 P.M.) ALSO PRESENT : John P. Kelly, City Manager Mitchell S. Kraft, City Attorney Kelly Carpenter, AICP, Director of Community Development Patricia Marcurio, Office Manager, City Clerk Phyllis Polikoff, Secretary 1. DISCUSSION concerning a request by WESTLAKE VILLAS (SPRINGLAKE II) fUr a limited waiver of parking to waive the requirement for an additional ten percent (10%) of the required spaces designated on the site and posted on the spaces for guest only, located on the southwest corner of Westwood Drive and Northwest 77th Street. Petition #31-Z--92. (Tabled 8/12/92) John Kelly, City Manager, said the problem was caused by the developer who did not provide adequate parking spaces and the complex was short 36 spaces. He said the developer requested a waiver but it was Tabled and that Council could not vote at a Workshop. Ed Stacker, Attorney representing Westlake Villas, said his previous request for a waiver indicated a revised site plan showing the required 353 parking spaces had been submitted without the additional 36 spaces for guest parking. He said an 28 additional spaces would be provided. C/M Katz asked if the 28 spaces included the 11 additional proposed spaces. Attorney Stacker said, no. Attorney Stacker said the 11 spaces would apply towards the required amount of parking spaces. He reiterated that the site plan indicated the required 353 parking spaces plus the additional 28 spaces. Attorney Stacker said an amendment was presented at a Board of Adjustment meeting which provided an additional 15 parking spaces within the open space area. He said the original site plan was 15 spaces short although parking was provided on some private lots. He said the revised site plan eliminated parking in the open space area, eliminated the 36 spaces where cars were parked on private lots but it included the 11 spaces. Attorney Stacker said four areas in the complex were identified where 28 guest parking spaces would be provided. He said one unit was eliminated in the open space area and four spaces were provided., He said seven spaces were provided at Building #14 and five spaces were provided at Building #29. He said Unit #35 was eliminated and 12 parking spaces were provided. C/M Katz asked about six proposed spaces which were previously discussed. Attorney Stacker said they were on the site plan which showed 3,53 plus the additional 28. He said the developer: City Council Workshop 9/15/92/PP Page 2 a) was still short six spaces required in the Code. b) was requesting a waiver of these six spaces. c) avoided the necessity to pave the park area. C/M Abramowitz agreed the developer should not pave the park area. He said he went to the complex to see the areas the residents were concerned about and where the additional spaces would be located. Attorney Stacker said if Council granted the waiver and the 20 spaces were provided, all other parking on private lots would be eliminated. Mayor Bender said the current density was in excess of the parking requirements. He said currently the developer was short 36 spaces and six additional spaces were needed. He said the developer would need 27 additional spaces and suggested that the four units at Building #1 should not be built. He said this area could be used just for parking because it could provide 26 parking spaces. He said one additional space could be placed in the area between Northwest 96th Terrace and Northwest 97th Avenue. He said these 27 spaces would meet the Code requirements and the developer would not need the waiver. Attorney Stacker disagreed. Attorney Stacker said it was not functional to put the parking area at the entrance to the complex. He said the developer had suggested putting 12 at the entrance and 14 spaces in the other previously mentioned locations. Attorney Stacker asked why guest parking was required at a single- family residence. A member of the audience disagreed and said it was a multi -unit complex. Attorney Stacker clarified his statement of a single --family residence and said guest parking should be provided in more than one area. Attorney Stacker said the City wanted to eliminate four units in addition to the unit which had already been eliminated. Mayor Bender said Attorney Stacker's proposal did not meet Code requirements and the developer should consider his proposal which would meet the Code. Attorney Stacker said his proposal would provide for 1.5% fewer parking spaces than what was required in the Code. Tape 2 Mayor Bender said the hardship was self-imposed because the developer did not provide adequate guest parking. C/M Katz suggested that Building #37 could accommodate six additional spaces and would not create a hardship on the part of the developer. A member of the audience expressed his concerns and advised that Lot #1A, Building #37, was his property. C/M Katz asked how many cars could be accommodated in the area of Northwest 97th Avenue. Attorney Stacker said the developer eliminated parking spaces that were on private lots and parking would be provided on lots owned by the developer. Attorney Stacker said in his opinion, the developer did not realize that inadequate parking was being provided and would ',not have put parking in certain areas. He said five spaces could be squeezed into four spaces at the open park area. C/M Katz reiterated that if a portion of Building #1, Lot #34,'was eliminated, the developer would be in compliance with the Code.'. C/M Abramowitz said there was inadequate parking and asked it it was due to the parking not being nearby. He said the residents abutting the open park area would not have that area paved. City Council Workshop 9/15/92/PP Page 3 Mayor Bender said there were 11 parking spaces near Buildings #16 and #17. VIM Schumann said seven spaces across the street brought the total to 18 spaces. Mayor Bender OPENED the Meeting to the public. Mary Bach, resident, expressed her concerns and said she had an opportunity to read the plat which indicated that parking was not allowed on utility easements. She said Buildings #14 and #29 included utility easements and asked that the plat should be reviewed. Kelly Carpenter, Director of Community Development, said parking was often allowed where easements were in the front but there might be a problem with Building #29 if the developer put -parking spaces in those areas. C/M Katz said parking on an easement was permitted in one area in the City and Ms. Carpenter said permission would have to come from FP&L. Attorney Stacker said the plat also provided for more buildings. Ms. Carpenter said there were 10 foot utility easements on the front of every single lot. She said the first 10 feet of every driveway was on an easement and people were parking on a right-of- way. Alan Gallagher, resident of Building #37 - Lot #1A, expressed his concerns and said the developer caused the hardship and the residents wanted the parking they were promised. He said they did not care where parking would be but there was not enough parking. Stan Freeman, resident, expressed his concerns and said there was inadequate parking for his family. He agreed with Mayor Bender's proposal and said Building #1 was centrally located with regard to guest parking. He said the developer caused the hardship by not providing adequate parking. Gerald Bunin, resident, expressed his concerns and said the problem was due to the parking area not being paved. He asked if the spaces would be grass or paved. Mayor Bender said the Parking Ordinance would prevail. • Ms. Carpenter said the site plan was approved on August 4, 1988 and she did not know why the 36 grass parking spaces were allowed on the site plan and were not paved. Mayor Bender asked if all proposed spaces would be paved. Ms. Carpenter said, yes. C/M Abramowitz said Judge Weissing's Decision, Section 6, allowed grass parking although not specifically in that area. Attorney Stacker said the parking requirements were less and the developer accommodated the request of the Planning Department and provided grassy parking spaces. Martin Kane, resident, expressed his concerns and said parking at Building #1 would provide adequate guest parking for the residents. Clifford Morse, resident, expressed his concerns and asked if the park would be accessible if four parking spaces were put there. C/M Katz said it would be a walking path only. C/M Abramowitz said he understood the residents whose homes surrounded the park paid extra for that location. He asked if thby watnted to use that area as a community park for the entire -. Om�ex. _Mr_,. Morse agreed. Tape-3 3ar7T6.i h', resident, expressed his concerns and agreed there �w City Council Workshop 9/15/92/PP Page 4 should be no building at Lot #1. He said it was accessible to all residents. Mayor Bender asked for a Consensus of Opinion. C/M Katz recommended that the developer should prepare an alternate solution which did not require a parking waiver. V/M Schumann said he was confused about what the majority of the residents wanted. He asked if there would be a building on Lot #36. Attorney Stacker said, no. V/M Schumann said the complex was almost completed and parking spaces could only be put in certain areas. A member of the audience said that Units #32, #33, #34 and #35 should be eliminated. V/M Schumann asked how many spaces could be placed on one lot and if Lot #34 was eliminated, could six spaces be added. Attorney Stacker replied he did not know to both questions but 12 spaces were provided on two lots. Mayor Bender said the entire lot could provide 26 parking spaces. C/M Abramowitz said most people in the audience favored Mayor Bender's proposal. He said the developer had to get permission from the Council before anything could be done. Mayor Bender said the situation of lack of guest parking was a self-imposed problem and he could not approve the waiver. He reiterated that the developer had to conform to the Ci'ty's requirements. Angela Wright, resident, expressed her concerns and asked when would the residents of Westlake Villas be advised of Council's decision. * Mayor Bender said he requested that Mr. Kelly establish a time certain with regard to scheduling, what he hoped would be,,a final meeting on this matter. Mr. Kelly said September 23 was the next Council day Meeting. C/M Katz suggested it should be an evening meeting. Mr. Kelly said this date was October 14 at 7:00 P.M. Ms. Wright asked if the developer could be prevented from doing any construction until October 14. C/M Katz disagreed. Attorney Stacker said Building #1 would not be under construction by October 14. City Attorney Kraft said the parking waiver had nothing to do with construction. Walter Rekuc, resident, suggested that a Special Meeting should be scheduled. Mayor Bender suggested that all Council members check their calendars and he would schedule a Special evening meeting for the purpose of finalizing this matter. He said Mr. Kelly would advise , everyone of the meeting. Mayor Bender ADJOURNED the Workshop at 7:04 P.M. CAR A. EVANS CITY CLERK 4 _ _ --