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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■■■■■■\ ����■■■\ \I■■■■■■■■R 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 1 2 3 4 5 i 8 9 10 11 12 13 14 15 16 17 ]8 3 �0 21 22 23 24 25 26 27 28 29 30 33 34 35 36 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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V) A, u u 7 O or 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. Page 2 of 2 G:)productionyo6a\EAXA36=Tamarac Plaza Parking waivanF.Zidcar . Tamarac Plena - Parldng RiMew 09.23-10.dDa