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HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-138Temp Reso #11942 October 18, 2010 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2010- / 3 9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING LIMITED PARKING WAIVER APPROVAL TO ALLOW FOR THE PROVISION OF ONE HUNDRED AND EIGHT (108) PARKING SPACES WHERE ONE HUNDRED AND FORTY-FOUR (144) PARKING SPACES ARE REQUIRED BY THE CODE OF ORDINANCES FOR THE GALLERY EAST PROJECT FOR THE PROPERTY LOCATED AT 3876-3900 W COMMERCIAL BOULEVARD, (CASE NO. 6-Z- 10); PROVIDING FOR CONDITIONS OF APPROVAL; 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 Limited Parking Waiver; and WHEREAS, Chapter 24 of the City of Tamarac Code of Ordinances provides that the City Commission may grant a Limited Parking Waiver of the off street parking and loading requirements whenever a hardship would exist by adhering to strict application thereof, and further provides that the waiver would not be detrimental to public safety, health and welfare of the citizens of the City; and WHEREAS, Richard Berrie, Designated Agent for the property owner, Investments Limited has filed an application for Limited Parking Waiver approval to allow for the provision of one hundred and eight (108) parking spaces where one hundred and forty-four (144) are required due to a proposed site plan modification request to address ADA (American Disability Act) deficiencies and to accommodate parking for future use in existing vacant spaces for the property located at 3876-3900 W. Commercial Boulevard; and Temp Reso #11942 October 18, 2010 Page 2 WHEREAS, the Director of Community Development recommends approval; and WHEREAS, the Planning Board recommended approval on October 6, 2010; and WHEREAS, the City Commission has examined the application, the staff and Planning Board recommendations; 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 Limited Parking Waiver approval to allow for the provision of one hundred and eight (108) parking spaces where one hundred and forty-four (144) are required due to a proposed site plan modification request to address ADA (American Disability Act) deficiencies and to accommodate parking for future use in existing vacant spaces for the property located at 3876-3900 W. Commercial Boulevard for the property located at 3876-3900 W. Commercial Boulevard; and 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. Temp Reso #11942 October 18, 2010 Page 3 SECTION 2: That the application for a Limited Parking Waiver of one hundred and eight (108) parking spaces where one hundred and forty-four (144) are required due to a proposed site plan modification request to address ADA (American Disability Act) deficiencies and to accommodate parking for future use in existing vacant spaces, located at 3876-3900 W. Commercial Boulevard is hereby approved subject to the following conditions: A. Construct a dumpster enclosure at the southwest corner of the site to eliminate unscreened dumpster containers throughout the parking lot within one hundred and twenty (120) days of the approval of this petition. This application may require a variance for the required setback to the southern and western property lines. B. Eliminate two (2) parking spaces at the northeast corner of the site to accommodate proper stacking at the egress of this property onto Commercial Boulevard within one hundred and twenty (120) days -of the approval of this petition. C. Correct accessible parking spaces within one hundred and twenty (120) days of the approval of this petition. D. Install two (2) signs placed at each end of the front parking lot that state: "Parking in Rear Available" within one hundred and twenty (120) days of the approval of this petition. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp Reso #11942 October 18, 2010 Page 4 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 7 day of �w , 2010. I ., BETH TALABist6, MAYOR ATTEST: PETER M. J' IC RDSON, CRM, CMC CITY. CLERK - RECORD OF COMMISSION VOTE: MAYOR TALABISCO l DIST 1: COMM. BUSH LL—�Z,��' DIST 2: COMM. GOMEZ DIST 3: COMM. GLASSER DIST 4: VM. DRESSLER �--� c. I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. 1 A UEL S. GOREN CITY ATTORNEY wHANKS .J consulting (D engineers, inc. August 20, 2010 Frank 2ickar Senior Planner — City of Tamarac 7525 NW 88" Ave. Tamarac, FL 33321 RE: Gallery East —Justification for Limited Parking Waiver GMCF Job No. 100501 Dear Mr. Zickar: Please find below the justification for requested limited parking waiver. Each of the City's criteria is followed by an explanation as to how this site complies. The city's criteria are repeated below in italics. The uses of the . site are limited, by note on the site plan, to uses which can be accommodated by the available parking; Of this 13,682 SF shopping center, 1428 is proposed to be medical office or other intense parking demand generator and the remainder parked at 3poo. Granting of the limited waiver is the minimum waiver that will make possible the reasonable use of the land, building or structure; The waiver request of 25 spaces will allow for the beneficial use of the. facility, and the owner to lease presently vacant space to a variety of tenants. Granting of the limited waiver will be in harmony with the general intent and purpose of this chapter and other ordinances and such limited waiver will not be injurious to. the area involved or otherwise detrimental to the public welfare; Granting of this parking waiver will allow for the continued economic growth of the area while allowing for ADA modifications to the site. Hardship exists as follows; Special conditions and circumstances exist which are peculiar to the land and building involved and which are not applicable to other lands, or buildings in the some zoning district; This building was built in 1975 (per BCPA); prior to the adoption of current parking codes and Americans with Disabilities Act. This commercial building is unique in that it faces 57th Street, formerly a gateway to the city. Other, more recent developments within this zoning. district were built with additional parking. 7522 wiles rd., ate 203-6, coral springs, fl. 33067 Dhone:954-752-BBBO fax:954-752-SS69 EB#2BO34 Justification Statement - Limited Parking Waiver for Tamarac Plaza August 20, 2010 Page 2 That the special conditions and circumstances do not result from the actions of the applicant; These conditions are the result of changes to the Tamarac Code with respect to parking requirements and the implementation of the Americans with Disability Act. That granting the variance required will not confer on the applicant any special privilege that is denied by any law or ordinance to other lands or buildings in the same zoning district; Granting of this variance would not violate any known. law, but would allow the owner's to make beneficial use (by leasing vacant tenant space) of the existing structure. That literal interpretation of the provisions of this chapter or other ordinances would deprive the applicant of rights commonly enjoyed by other properties in the some zoning district under the term of such provisions and would work unnecessary and undue hardship on the applicant. The literal interpretation of the parking requirements would require the owner of this property to leave tenant space unoccupied to comply with the. City's parking requirements. I trust that you agree that approval of this limited parking waiver is justified based on the parking study presented and this justification statement. If you should have any questions on this matter please feel free to contact this office. Sincerely, Glen A. Hanks, P.E., PTOE Senior Professional wHANKS J consulting Q) engineers, inc. B-2 B-1 Gallery East Case No. 6-Z-10 Commercial Boulevard �eee��►eoa�°�°e°�°�°�MME-4 www�►ww�A�<� - Ow i°Oe�►°i°i°e°e°i Q.w e.w.w.w NW 49 Street City Conwrimn October 27 , 2010 Limited Parking Waiver Subject Property B-s Jennifer Bramley, Director Community Development 7525 NW 88 Avenue Tamarac, FL 33321. Telephone (954) 597-3530 wHANKS _j consulting (7 engineers, inc. September 17, 2010 Frank Zickar Senior Planner — City of Tamarac 7525 NW 88th Ave. Tamarac, FL 33321 RE: Gallery East -- Application for Limited Parking Waiver Parking Study - Revised GHCE Job No. 100501 Dear Mr. Zickar: This revised report was prepared to support the application for a limited parking waiver for the Gallery East shopping plaza. A literature review as well as site specific data were collected to support this proposed limited parking waiver. BACKGROUND Gallery East is a 25,687 SF office complex located at 3860-39A0 Commercial Blvd., just east of State Road 7 in Tamarac, FL. This site was constructed in 1975. The site development predated the widening of Commercial Boulevard and the enactment of the American with Disabilities Act. At present, this office observed 113 parking spaces on this site. The current tenants of this building are mainly professional offices, with a barber shop, tutoring center, and 2 medical offices. A complete listing of the tenants and the occupied area is provided. Of the 25,687 SF building, 5,928 SF is vacant, leasable space. REASON FOR REQUEST This limited parking waiver is being sought to allow the owners of this office complex to fully lease their building and provide accessible parking spaces where none existed before. Applying City of Tamarac code required parking rates to Gallery East results in 103 spaces required for the currently leased area. One -hundred thirty five are required if all vacant space is leased as office (31200 SF) and 144 are required if current vacancies are leased as medical office (for a total of 9293 SF at a rate of 1 Space / 150 SF). These results are shown on Table 1. To allow the owner flexibility in leasing this building and accommodate ADA upgrades the applicant is requesting a waiver for 36 parking spaces. METHODOLOGY To assess the available supply of parking spaces for this site, this office utilized data from the Institute of Transportation Engineers (ITE), Urban Land Institute (ULI) and the City of Tamarac parking code, in conjunction with site specific data. A review of published parking data for Office Building indicates there are two peaks for office utilization from 9:00 am to 7522 wiles rd., ate 203-B, coral springs, fl. 33OB7 phone:954-752-BB50 fax:254-752-8989 EB#2E034 Gallery East Parking Study - Revised September 17, 2010 Page 2 noon and 2:00 pm to 4:00 pm. This office counted the number of utilized parking spaces 10:00 am to 4:00 pm. The site specific parking demand observations captured the apparent peak parking demands and were conducted on a Wednesday and Thursday in July. Maps depicting the parking zones are attached. DATA ADJUSTMENT The data collected for this site is specific to the month of July. To account seasonal differences in vacation habits, this office adjusted the raw counts using seasonal factors published by the Urban Land Institute. The adjusted values are shown in Tables 2 and 3. ANALYSIS Presently this site has 113 parking spaces. The peak parking demand for this shopping center (adjusted for monthly variation) was 56 parking spaces and occurred at 3pm. Fifty seven spaces are available to fulfill parking needs for future tenants of the vacant spaces and to accommodate uses with higher parking rates. Assuming all of the 5,928 SF vacant tenant space is leased as medical/dental office, and these uses will occupy parking at the code rate, 40 of the 57 spaces will be utilized. The total predicted peak utilization is about 97 parking spaces. This results in a predicted peak parking utilization of 86%. To facilitate vehicle circulation and limit congestion this office recommends providing approximately 10% more spaces than the peak observed parking utilization rate. LIMITED PARKING WAIVER For the uses listed on Table 1, the City of Tamarac requires 144 spaces. This site was observed to have 113 spaces. Data collected by this office indicates a peak utilization (seasonally adjusted) of 56 spaces. If vacant spaces are leased to tenants with similar parking demands (as the existing tenants) we project the maximum utilization to be 73 spaces._ If the 5,928 SF of vacant space is leased as medical office and the parking utilization corresponds to the city's rate, then 97 spaces are expected to be utilized during peak periods. To .fully lease the building as office a waiver of 22 spaces is required. To allow the owner flexibility in leasing up to 9293 SF as medical office a waiver of 31 spaces is required. The requested limited parking waiver, of 36 spaces will allow the owner to lease up to 9293 SF as medical office while providing for handicapped accessible parking spaces where none exist. CONCLUSION The parking analysis conducted by this office for Gallery East, using site specific data collected on 7/14/2010 and 7/15,=O indicates the peak parking demand for the fully leased site to be approximately 96 spaces. The City of Tamarac's code requires 144 spaces. Presently 113 spaces exist. We are requesting a waiver of 36 spaces. Granting of this WHANKS I consulting (D engineers, inc. Gallery East Parking Study - Revised September 17, 2010 Page 3 waiver will allow the owner flexibility in leasing and allow the owner to make improvements to ADA accessibility. and select improvements to the site. I certify that the data collected under my supervision is accurate and that the analysis indicates the supply of parking is sufficient to support the proposed and existing uses at this site. Sincerely, Glen A. Hanks, P.E., PiOE Senior Professional FL P.E. No. 53852 W HANKS ,J consulting 0 engineers, inc. c-� Table 1, GALLERY EAST WILDING 230 Al Se4ur1 Securit 202 office 1 00 1.01 Z13 Alma 6lnated Transit Union Trensit 585 office 200 2.93 Z28 Amal mated Credit Credit.Cbunselin 167 office 1/200 0.84 3888 Bruce Le er & L & 8 Barber Barber Sho 1050 retail 1/200 5.25 234 Comtel Networks CammunicaWons 297 office 1/200 1.49 246 David Musson Insurance 129 office 1/200 0.65 3899 EddyDalus Massage Thera 1165 medical/dental 1/150 7.77 222 Eugenia Hankerson Headstones Admin Office 148 office 1/200 0.74 218 FlrstChoiceTax. Tax & Multi Services 560 office 1/200 2.80 3900/101 Florida No -Fault Insurance Auto Insurance 1790 office 1/200 8,95 3896 Furvis Learning Center Tutoring 1100 school 1/150 7.33 244 Glad Tidings Long Distance Learning 133 office 1/200 0.67 229 Global Realty Realtor 374 office 1/200 1.87 3876-3884 Hanger Ortho edic Prosthetic & Orthotics 5320 office 1/200 26,60 227 Herick Williams Tax & Multi Services 214 office 1/200 1.12 3900/1018 Janitorial One Janitorial Admin Office 400 office 1/200 2,00 232 M & D Services Plus, Inc. Tax & Multi Services 1 200 office 1/200 1.00 226 New. Covenant Counseling227 office 1/200. 1.14 211 Night Hawk Security_ 800 office 1/200 4.00 215 Nurse Staffin& LLC Nurse Staffing 575 office 11200 2.88 233 Promotional Printers Printers/Marketln 369 office 1/200 1.85 220 Real X osure Marketing 885 office 1120D 4.43 238 REVG Construction Contractor's office 367 office 1/200 1,84 242 RMACK Insurance 135 office 1/200 1 0.69 225 The Credit Group Credit Repair 317 office 1/2001 1.59 224 Thomas Prope Proper Management 147 office 1/200 0.74 214 Triple Care Home Health 630 office 1/200 3.15 217 United Health. Medical Chiropractor 1100 medical/dental 1/150 7.33 231 Universal Property Realtor 363 office 1/200 1.82 203 Vacant Vacant 170 office 1/200 0.85 209 Vacant Vacant 190 office 1/200 0.95 210 lVacant Vacant 1005 office 1/200 1 5.03 212 Ivacant Vacant 1208 office 200 6.04 219 Ivacant Vacant 380 office 1/200 1.90 221 Vacant Vacant 546 office 1/200 2.73 223 Ivacant Vacant 323 office 1/200 1.62 235 Vacant Vacant 460 office 1/200 2.30 236--1 Vacant Vacant 304 office 1/200 1.52 240 Vacant lVacant 307 office 1/200 1.54 3888 Vacant jV2Cant 1035 • office 1/200 5.18 TOTALS Total Bulldin SF = 25,687 134.04 spaces Total occupied SF - 19,759 104.40 spaces Total vacant SF - 5,923 Additional parking required due to vacant leasable area (office): 29.64 spaces Additional parking required due to vacant leasable area (medical/dental); 39.52 spaces Assuming all vacancies leased as office: Total Parking Required . 135 spaces Assuming all vacancies leased as medical/dental: Total Parking Required ■ 144 spaces Table 2. Counting Tally Sheet - Day 1 Project: Gallery East Location: Commercial Boulevard, East of 441 Date: Wednesday, July 14, 2010 Counter's Name: Kevin Alvarez Weather/Other notes: Region 1 Region 2 Region 3 Region 4 TOTAL walkthrough & parking spot 39 21 45 8 113 Season -ally verification Adiusted 8-9ama 8-9amb 9-10ama 9-10amB 10 -11'am A 14 9 2 0 25 26 10-11amB 16 9 3 1 29 31 11-12 pM A 20 8 4 1 33 35 11=12pro 17 B 3 1 29 31 12-1pmA 16 9 5 1 31 33 12-1pm6 - - - 1- 2 pm A 16 8 7. 1 32 34 1-2pmB 16 7 7 1 31 33 2- 3 pm A 18. 8 7 1 34 36 2- 3 pm B 15 8 8 1 32 34 3-4pmA 22 9 7 1 39 41 3- 4 pm B 17 8 7 1 33 35 . 4-5A 16 8 7 1 32 34 4-5 B 5-6A 5-68 6-7A 6-78 7-8A 7-8B Maximum 39 41 Utilization Table 3. Counting Tally Sheet - Day 2 Project: Gallery East Location: Commercial Boulevard, East of 441 Date: Thursday, July 15, 2010 Counter's Name: Kevin Alvarez Weather/Other notes: Region 1 walkthrough & parking spot 39 Region 2 Region 3 Region 4 21 45 8 TOTAL 113 Season -ally Adlusted 8-9ama 8-9amb 9-10ama 9-10amB 10-11amA 15 10 5 0 30 32 10-11amB 17 10 6 2 35 37 11-12pmA 21 10 11 1 43 45 11-12 pm B 22 11 12 1 46 48 12-1pmA 21 12 11 2 46 48 12-1pm8 - - - - 1-2 mA 18 8 8 1 35 37 1-. 2 pm B 17 9 9 2 37 39 2-3pmA 18 9 8 3 38 40 2- 3 pm B. 22 9 9 3 43 45 3 - 4 pm A 30 9. 11 3 53 56 3 - 4 pm B 22 10 11 3 46 48 4- 5 A 24 8 14 4 50 53 4-5B 5-6A 5-6B 6-7A 6-7B 7-8A 7-8B Maximum 53 56 Utilization .l�►►;�COBS September 23, 2010 Mr. Frank Zickar Planning and Zoning Manager City of Tamarac 7525 NW 88'h Avenue Tamarac, Florida 33321-2401 Re: Gallery East Office Complex Limited Parking Waiver Dear Frank: 800 Fairway Drive Suite 190 Deerfield Beach, FL 33441 U.S.A. 1.954.246.1234 Fax: 1.954.246.1235 Jacobs Engineering Group Inc. has reviewed the limited parking waiver analysis in connection with the Gallery East Office Complex located at 3860 to 3900 Commercial Boulevard in the City of Tamarac. This parking waiver involves potential medical office use (5,928 square feet) to be located in vacant portions of this office complex. Our review focused on parking supply, current parking demand, and projected parking demand with the medical office use. A parking analysis report was prepared by Glen Hanks Consulting Engineers, Inc. and is dated September 17, 2010. A corresponding boundary survey prepared by Keri Land Surveying was also provided. The following is a summary of our findings: ❑ The total number of existing parking spaces provided on site is 113. ❑ The parking calculations (i.e. parking required by code) contained in the report indicate that this site is required to provide 103 parking spaces for the currently leased area. ❑ Should the currently vacant space (5,928 square feet) be leased as medical office, an additional 41 parking spaces would be required to meet code. As a result, a total of 144 parking spaces would be required on site to meet code. ❑ Required site plan modifications will eliminate approximately five (5) existing parking spaces. Therefore, the resulting parking waiver is 36 parking spaces (144 required parking spaces minus 108 available parking spaces less 5 parking spaces eliminated due to site plan changes). ❑ Field observations were conducted on a typical Wednesday and Thursday during the month of July. The hours of observation on both days were between 10:00 AM and 5:00 PM. ❑ The peak parking demand observed on Wednesday occurred between 3:00 PM and 4:00 PM (39 occupied parking spaces). The peak parking demand observed on Thursday occurred between 3:00 PM and 4:00 PM (53 occupied parking spaces). ❑ In order to reflect peak season conditions, the ,parking counts were adjusted by a factor of 1.06 (+/-). The seasonally adjusted peak parking demand is 56 parking spaces. ct At the time of the parking counts / field observations 5,928 square feet of the office complex space was vacant (i.e. 23.1 % vacancy rate). Jacobs Engineering Group Inc. Page 1 of 2 ❑ The predicted number of available (unoccupied) parking spaces during the peak period and peak season of a typical weekday is 57 (113 parking spaces provided minus a demand of 56 parking spaces not including the proposed tenant). ❑ The analyst concludes that, if the subject vacant space is leased for medical office, the, peak parking demand would yield 97 occupied parking spaces. As a result, there would be an additional 16 available parking spaces. (With the required site modifications, the actual number of available parking spaces will be 11.) As part of this review, 1 personally visited the site on Tuesday, September 20, 2010 to observe the reported parking demand. The parking demand and the corresponding amount of available parking were consistent with the observations documented by the Applicant's parking consultant. The subject parking analysis indicates that, during the peak periods, the supply will exceed the projected demand by approximately 11% (i.e. 11 parking spaces). Based upon the data collected and the analysis performed relative to the parking supply and demand at the Gallery East Office Complex, it appears that the overall parking supply will be adequate with the inclusion of the proposed medical office use. Please contact me if you have any questions or comments. Sincerely, JACOBS ENGINEERING GROUP INC. Karl B. Peterson, P.E. Senior Project Manager Jacobs Engineering Group Inc. G:%productloMobMEAXA36001Gallery East Parking WalverT Zickar - Gallery East - Parking Review 09-23.10.dodc Page 2 of 2