HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-1391
Temp Reso #11943
October 18, 2010
15t Revision 10/21 /2010
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2010- /3 1
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, GRANTING
LIMITED PARKING WAIVER APPROVAL OF
SEVENTY (70) PARKING SPACES WHERE
NINETY-FIVE (95) PARKING SPACES ARE
REQUIRED BY THE CODE OF ORDINANCES
FOR THE TAMARAC PLAZA PROJECT FOR
THE PROPERTY LOCATED AT 6646-6682 NW
57t' STREET, (CASE NO. 5-Z-09); 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, Tony Angela, Designated Agent for the property owner, Tamarac,
Plaza, LLLP, has filed an application for Limited Parking Waiver approval of seventy (70)
parking spaces where ninety-five (95) parking spaces are required by the Code of
Ordinances to accommodate the future use of two (2) existing vacant spaces for the
property located at 6646-6682 NW 57t' Street; and
Temp Reso #11943
October 18, 2010
1st Revision 10/21 /2010
Page 2
WHEREAS, on October 28, 1981, the City Commission granted a Limited Parking
Waiver via Resolution No. R-81-238 (hereto attached as Exhibit "1", incorporated herein
and made a specific part thereof) for this property providing for sixteen (16) additional
parking spaces, this request will supersede the previously approved Limited Parking
Waiver effective immediately upon adoption of this Resolution; and
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 of seventy (70) parking spaces where ninety-five (95) parking
spaces are required by the Code of Ordinances to accommodate the future use of two (2)
existing vacant spaces for the property located at 6646-6682 NW 57th Street; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
1
1
1
1
Temp Reso #11943
October 18, 2010
1 St Revision 10/21 /2010
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.
all exhibits attached hereto are incorporated herein and made a specific part of this
Resolution
SECTION 2: That the application for a Limited Parking Waiver to allow for
seventy (70) parking spaces where ninety-five (95) parking spaces are required by the
Code of Ordinances to accommodate the future use of two (2) existing vacant spaces for
the property located at 6646-6682 NW 57th Street is hereby approved subject to the
following conditions:
A. Hedges will be installed along the west wall between the dumpster enclosure
and the north building wall of the center and along the perimeters of the
property adjacent to Commercial Boulevard, NW 66th Terrace and IOW 57th
Street within sixty (60) days of the approval of this petition.
B. The area between the building and the funeral home perimeter wall to be
cleaned up within thirty (30) 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.
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.
Temp Reso #11943
October 18, 2010
1st Revision 10/21 /2010
Page 4
SECTION 5: This Resolution shall become effective immediately upon its
adoption.
PASSED, ADOPTED AND APPROVED this c) day of , 2010.
BETH TAL BISC ,
MAYOR
FIX ii�119
PETER-M.=J. ICHARDSON, CRM, CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO &
DIST 1: COMM. BUSHNi
DIST 2: COMM. GOMEZ
DIST 3: COMM. GLASSE
DIST 4: VM. DRESSLER
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM.
SAMIJEL S. GOREN
CITY ATTORNEY
1
Gino F. Angella or
Tony Angella
Tamarac Plaza LLLP.
P.O. Box 1805
Dania Beach, Florida 33004-1805
Phone: 954-921-5070
Fax: 954-923-2851
Email: angeUa(u,kinaskamu.com
Email: tone ,kinaskamp.com
RE: Tamarac Plaza 6646 NW 57 Street, Tamarac, Florida 33319-2107
Broward County Folio #4941 1007-0010
For a Limited Parking Waiver address Sec. 24-584(4) a-e.
August 3, 2010
Frank Zickar
Planning and Zoning Manager
Community Development Department
7525 NW 88 Avenue
Tamarac, Florida 33321
Dear Mr. Zickar,
Tamarac Plaza is a typical Retail Shopping Center built in 1955 which currently
consist of retail stores, offices and restaurants. Over the years there has never been"
an addition to the square footage of the plaza, it has always remained the same
physical size, however, with the renting and re renting of different store fronts,
there have been, some different uses, depending on the needs of the tenants. The
stores are simply arranged as 600 square feet or 750 square feet each. There is a mix
of both.
On any given day, the parking area are less than one third to half full. There has
never been a need for additional parking. For this reason there is no need for a cross
parking agreement with an adjacent property owner.
The current uses of the units is identified on the attached spreadsheet showing the
current tenants and their allotted parking.
Requesting this Limited Parking Waiver for 8 additional spaces is being requested
solely to comply with the ordinance for the City of Tamarac, as actual additional
spaces are not needed.
Because there is no real need for additional spaces, the granting of this Limited
Waiver will not be injurious to the area or in any way detrimental to the public
welfare.
Tamarac Plaza was built before Commercial Blvd. was built and thus, the Plaza
faces NW 57 street and not Commercial Blvd. this special condition and
circumstance makes it exponentially more difficult to rent the spaces for retail use,
and thus the reason for more office use and other use because of the fact there is
very little exposure to the main Commercial Blvd.
This special condition is not caused by the owners or managers, but for the reason
as stated above.
The granting of this Limited Parking Waiver will not confer on the Plaza any
special privilege that would be denied by any law or ordinance to other buildings in
the same zoning district because of the existing circumstances.
The unfortunate literal interpretation of this ordinance's technical language would
deprive the owner from renting the two vacant stores, which would be harmful and
a waste of resources. The rights of the property owner would be unjustly taken
because of the technical nature of the. ordinance and the owner would lose
substantial income and so would the City of Tamarac in the form of License Fees,
permitting fees, and sales tax revenue.
With all due respect, we pray that the Planning Board and the City Commission will
grant this request for a Limited Parking Waiver.
Thank you,
Gino F. Angella
Tony F. Angella
Tamarac Plaza LLLP
Tamarac Plaza
Case No. 5-Z-10
� A■■■11■\ \I■I■■■■■■\
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NW 57 Street
B-2 I B-1
City Comnisson
October 27 , 2010
Limited Parking Waiver
) Subject Property I
Not To Scale
z
f
T
m
Jennifer Bramley, Director
Community Development
7525 NW 88 Avenue
Tamarac, FL 33321
Telephone (954) 597-3530
ntroduced by Temp. i 2074
Rev. 10/28/81
CITY OF TAMARAC, FLORIDA 3
RESOLUTION N0. R-�S
2 A RESOLUTION GRANTING A LIMITED WAIVER OF PARKING
3 FOR PAUL ABEL AND SIDNEY SHAPIRO-TAMARAC SHOPPING PLAZA
(BELIRO BUSINESS CENTER -PLAT BOOK81
A 57th STREET - PETITION 19-Z-81
WHEREAS, Chapter I8 of the Tamarac City Code provides that
Council may grant a:,limited waiver of the off-street parking and load-
ing requirements whenever a hardship would exist by adhering to strict
application thereof, and further provides that the waiver would not be
9 detrimental to public safety, health and welfare of the citizens of
10 the City; and
11 WHEREAS, a hardship exists at TAMARAC SHOPPING PLAZA, 6666
12 North west 57th Street, and
13 WHEREAS, the Planning Commission has held a public hearing
14 thereon and has made a recommendation; and
15 WHEREAS, the City Council desires to take action on the
16 limited waiver requested in the application of Paul Abel and Sidney
Shapiro, Petition No. 19-Z-81, Tamarac Shopping Plaza. 6666 N.W. 57th Street
19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,
20 FLORIDA; •
21 SECTION 1: That the application for Limited Waiver to
22 arking Requirements of Code Section 18 Petitioned by Paul Abel and Sidney Shapiro
23 umber 19-Z-81, Tamarac Shopping Plaza, 6666 N.W. 57th Street
24
25
26
27
29 '
32
33
34
35
36
is HEREBY APPROVED, and such limited waiver would not be detrimental to
the public safety, health and welfare of the citizens of the City.
SECTION 2: This Resolution shall become effective upon
xnpletion of all of the conditions set forth by the motion enumerated on Exhibit
"A" attached hereto.
PASSED, ACOP'.'.'ED AND APPROVED this T�U day of . 1981.
ATTEST: MAYOR
ASSISTANT CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this RESOLUTION.
m-�
CITY ATTORNEY
RECORD OF COUNCIL VOTE
MAYORS
DISTRICT I -
.—
DISTRICT 2:
DISTRICT 3,
DISTRICT 4: _ .
1
EXHIBIT "A" FOR RESOLUTION #R-81-238
A LIMITED WAIVER OF PARKING
1
FOR PAUL ABEL AND SIDNEY SHAPIRO -
TAMARAC SHOPPING PLAZA (BELIRO BUSINESS
q
CENTER - PLAT BOOK 81, PAGE 3) -
6666 NW 57th STREET - PETITION 19-Z-81
The
limited waiver of sixteen (16) parking spaces for this
shopping center:
7
1.
there will be eighty-five (85) spaces provided and two (2)
8
l
handicdpped spaces.
9
2.
The dumpster enclosure on 57th St. be enlarged to handle
20
all dumpsters for the shopping center.
u
3.
The dumpster enclosure on Commercial Blvd. be removed,
12
thereby creating two (2) more parking spaces.
33
A.
That all dumpsters shall be enclosed in the dumpster
1�
enclosure on 57th St.
5..
hedges will be installed along the west wall between the
26
Deli Warehouse and the new dumpster as was required by•the
•7
Revised Site Plan approved last February 11 (which was not
s
done).
6.
Hedges and trees be installed along 57th St.,66th Terrace,
20
and Commercial Blvd. in conformity with the city's
?1
beautification ordinance and that be done within the next
22
60 •days.
23
7.
They present to the city a Revised Site Plan for the
24
expanded size of the new dumpster.
.25
8.
No future rentals for any business be granted an occupatic
26
license other than those requiring not more.than one (1)
27
space per 200 square feet.
26
9.
The area between the building and the wall erected by the
29
funeral home be cleaned and kept in a neat and orderly
30
condition.
i
10.
The Deli Warehouse be advised that they are not permitted
32
flats for the receipt of merchandise or other pallets to k
33
placed along side the sidewalk adjacent to their building.
34
35
Page 1 of 2
36
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EXHIBIT "A"
11. That the outstanding invoice for the prior occupant
(Chinese Restaurant) shall be paid within seven (7) days.
12. Conditional on the L'Hostaria renting and using the
adjoining bay of 979 square feet in addition to their
own present location of 1,594 square feet with a permit
to be pulled within 30 days for construction.
13. The other three bays will not be granted occupational
licenses until all,work has been completed but building
permits can be obtained for L'Hostaria.
14. Revised Site Plan must be submitted in time to have all
work completed within the sixty (60) day time limit.
15. All work to be completed within sixty (60) days.
16. This waiver is effective upon completion of all the
conditions set forth by the motion.
Page 2 of 2
1\
.wHANKS
J consulting
(D engineers, inc.
August 11, 2010
Frank Zickar
Senior Planner
City of Tamarac
7525 NW 88`" Ave.
Tamarac, FL 33321
RE: Tamarac Plaza -- Application for Limited Parking Waiver
Parking Study
GHCE Job No. 100702
Dear Mr. Zickar:
This report was prepared to support the application for a limited parking waiver for the Tamarac
Plaza development. A literature review as well as site specific data were collected to support this
proposed limited parking waiver.
BACKGROUND
Tamarac Plaza is a 13,682 SF shopping center located at 6646-6682 NW 57 Street in Tamarac, FL.
This site was constructed in the 1950's. At present,. this office observed 70 parking spaces on this
site. The current tenants of this building are a wide variety of uses, including restaurants, hair
salon, barber, animal hospital and grooming, fitness studio, religious use, and professional offices.
A complete listing of the tenants and the occupied area is provided. Of the 13,682 SF building,
1,428 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. Applying City of Tamarac code required parking rates to Tamarac Plaza results in 84
spaces required for the currently leased area. Ninety-four spaces are required if all vacant space is
leased as medical office (for a total of 1,428 SF at a rate of 1 Space / 150 SF). These results are
shown on Table 1. Since the site provides only 70 parking spaces, approval of a limited parking
waiver is required to lease the vacant space.
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 the
combined uses of shopping center, restaurant, and office indicates that the peak utilization can
occur anywhere from 10:00 am to 8:00 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.
7,522 wiles rd., ste 203-13, coral springs, fl. 33067
A
Tamarac Plaza Parking Study
August 11, 2010
Page 2
DATA ADJUSTMENT
The data collected for this site is specific to the month of July. To account for 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 70, parking spaces. The peak parking demand for this shopping center
(adjusted for monthly variation) was 44 parking spaces and occurred at 12 pm. Twenty-six spaces
are available to fulfill parking needs for future tenants of the vacant spaces. Assuming all of the
1,428 SF vacant tenant space Is leased as medical/dental office, and these uses will occupy parking
at the code rate, 10 of the 26 spaces will be utilized. The total predicted peak utilization is about 54
parking spaces. 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 94 spaces. This site was observed to
have. 70 spaces. Data collected by this office indicates a peak utilization (seasonally adjusted) of 44
spaces. If vacant spaces are leased to tenants with similar parking demands (as the existing
tenants) we project the maximum utilization to be 49 spaces. If the 1,428 SF of vacant space is
leased as medical office and the parking utilization corresponds to the city's rate, then 54 spaces
are expected to be utilized during peak periods. The requested limited parking waiver, of 40 spaces
will allow the owner to lease. the remaining, vacant, space as general office or medical office.
CONCLUSION
The parking analysis conducted by this office for Tamarac Plaza, using site,specific data collected on
7/28A010 and 7/29/2010 indicates the peak parking demand for the fully leased site to be
approximately 54 spaces. The City of Tamarac's code requires 94 spaces. Presently 70 spaces exist..
We are requesting a waiver of 25 spaces. Granting of this waiver will allow the owner to lease the
entire building.
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., PTOE
Senior Professional
FL P.E. No. 53852
w HANKS
,J consulting
0 engineers, Inc.
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Table 2. Counting Tally Sheet
Project: Tamarac Plaza
Location: Commercial Boulevard and NW 66th Terrace
Date: Wednesday, July 28, 2010
Counter's Name: Kevin Alvarez
Weather/other notes:
Region 1 Region 2 Region 3
walkthrough &
parking spot 17 31 22
verification
TOTAL Season -ally
Adjusted
70
8-9ama
8-9amb
9-10ama
9-10am8
10-11amA
3
11
3
17
27
10-11am B
4
12
3
19
30
11-12pmA
4
14
3
21
33
11-12pmB
5
15
3
23
36
12 -1 pm A
6
14
3
23
36
12-1pmB
_
-
-
1- 2 pm A
6
15
2
.23
36,
1-2pmB
7
18
2
27
42
2 - 3 pm A.
2- 3 pm B
6
6
16
14
3
3
25
23
39
36
3-4pmA
7
14
2
23
36
3-4pmB
4-SA
4-58
5 - 6 A
5-68
6-7.A
6-7 B
7-8A
7 - 8 B
Table 3. Counting Tally Sheet
Project: Tamarac Plaza
Location: Commercial Boulevard and NW 66th Terrace
Date: Thursday, July 29, 2010
Counter's Name: Kevin Alvarez
Weather/Other notes:
Region 1 Region 2 Region 3
walkthrough &
parking.spot 17 31 22
verification
TOTAL Season -ally
Adjusted
70
8-9ama
8-9amb
9-10ama
9-10am B
10-11amA
5
10
3
18
28
10-11.amB
5
11
3
19
30
11-12pmA
6
12
3
21
33
11-12pm B
12-1pmA
5
7
15
16
5
5
25
28
39
44
12-1pm8
-
-
-
1-2pmA
6
13
3
22
34
1-2pmB
6
10
3
19
30
2-3pmA
.6
11
4
21.
33
2- 3 pm 8
5
13
4
22
34
3- 4 pm A
3-4pm8
5
13
4
22
34
4-5A
4-58
5-6A
5-66
6-7A
6-76
7 - 8 A
7-88
BS
September 23, 2010
Mr. Frank Zickar
Planning and Zoning Manager
City of Tamarac
7525 NW 88`h Avenue
Tamarac, Florida 33321-2401
Re: Tamarac Plaza Shopping Center
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
Tamarac Plaza Shopping Center located at 6646 to 6682 NW 57,h Street in the City of Tamarac. This
parking waiver involves a potential medical office (1,428 square feet) to be located in a vacant portion
of this shopping center. Our review focused on parking supply, current parking demand, and projected
parking demand with the medical office. A parking analysis report was prepared by Glen Hanks
Consulting Engineers, Inc. and is dated August 11, 2010. A corresponding boundary survey prepared
by AFA & Company, Inc. was also provided. The following is a summary of our findings:
❑ The total number of existing parking spaces provided on site is 70.
a The parking calculations (i.e. parking required by code) contained in the report indicate that this
site is required to provide 84 parking spaces for the currently leased area.
❑ Should the currently vacant space (1,428 square feet) be leased as medical office, an additional
10 parking spaces would be required to meet code. As a result, a total of 94 parking spaces
would be required on site to meet code.
a The resulting parking waiver is 24 parking spaces (94 required parking spaces minus
70 available parking spaces).
0 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 4:00 PM.
• The peak parking demand observed on Wednesday occurred between 1:00 PM and 2:00 PM
(27 occupied parking spaces). The peak parking demand observed on Thursday occurred
between 12:00 PM and 1:00 PM (28 occupied parking spaces).
❑ In order to reflect peak season conditions, the parking counts were adjusted by a factor of
1.57 (+/-). The seasonally adjusted peak parking demand is 44 parking spaces.
❑ At the time of the parking counts / field observations 1,428 square feet of the shopping center
space was vacant (i.e. 10.4% vacancy rate).
Jacobs Engineering Group Inc. Page 1 of 2
JACOBS
❑ The predicted number of available (unoccupied) parking spaces during the peak period and
peak season of a typical weekday is 26 (70 parking spaces provided minus a demand of 44
parking spaces not including the proposed tenant).
a The analyst concludes that, if the subject vacant space is leased for medical office, the peak
parking demand would yield 54 occupied parking spaces. As a result, there would be an
additional 16 available parking spaces.
As part of this review, I personally visited the site on the afternoon of Tuesday, September 20, 2010
between 11:00 AM and 2:00 PM to observe the reported peak parking demand period. 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 appears to be both accurate and reasonable. In fact, the peak season
adjustment factor would seem to be exceedingly high given my personal experience with the area in
general, and with the subject plaza, specifically. As a result, the projected peak season parking demand
is likely to be less than projected.
Based upon the data collected and the analysis performed relative to the parking supply and demand at
the Tamarac Plaza. Shopping Center, 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.
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