HomeMy WebLinkAboutCity of Tamarac Board Order 3-B-15I
Prepared by and Return to:
Sam Goren
City Attorney
CITY OF TAMARAC
7525 NW 88`t'Avenue
Tamarac, Florida 33321-2401
Space Above This Line for Processing Data
iNSTR # 113336911
Recorded 11 /09/15 01:38:12 PM
Broward County Corurnission
Deputy Clerk 3150
#3, 5 Pages
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BEFORE THE PLANNING BOARD
CITY OF TAMARAC, FLORIDA
HEARING DATE: September 2, 2015
CASE NO.3-B-15
IN RE: The Application of: Towmaxx
Location: 3816 NW 49th Street, Tamarac, Florida 33319
Property Identification Number: 494218030322
Property Legal Description: A portion of Lot 15, Block 3, of Tamarac Business Center
Section 2, according to the Plat thereof, as recorded in Plat
Book 61, Page 50, Public Records of Broward County,
Florida
ORDER APPROVING VARIANCE
The Applicant, Shelley Eichner, Vice President, Calvin, Giordano and Associates,
Inc., Designated Agent for the property owner, Dwayne L. Williams, (the "Applicant"), filed an
application with the City of Tamarac ("City") Department of Community Development for the
approval of the following Variances:
Variance Request No. 1: (Minimum Street Yard Setback)
Code Section: 24-368(b): Minimum yard setback requirements shall be as follows: Street: 50 feet
required
Street Setback Provided: 1I'll
"
Variance Request No. 2: (Minimum Rear Yard Setback)
Code Section: 24-368(b): Minimum yard setback requirements shall be as follows: Rear: 50 feet
required
Rear Setback Provided: 19'6" to Dumpster. Building meets requirement.
Variance Board Order — Case No. 3-B-15
Page 1 of 5
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Variance Request No. 3 (Perimeter Landscape Buffer)
Code Section: 11-8(k)(6): A landscaped area shall be a minimum of ten (10) feet from the
property line to any vehicular use area or permanent structure in properties greater than one (1)
acre other than permitted fences, walls, landscaping or pedestrian walkways unless specifically
required elsewhere in this chapter. -For properties less than one (1) acre, five (5) feet shall be
required unless specifically required elsewhere in this chapter. Landscape Area Provided: 3 feet
along West Property Line
Variance Request No. 4 (Vehicular Use Area)
Code Section: 11-8(m) Vehicular Areas: All vehicular use areas shall conform to the following
landscaping requirements:
(1): Required landscaping adjacent to public right-of-way or private roadways. On the site of a
building or open lot providing an off-street parking area or other vehicular use area, landscaping
shall be provided between the area and adjacent right-of-way or private roadway as follows:
(a). At least a width of fifteen (15) feet of landscaping, measured from the property line to the
vehicular use area excluding egress and ingress drives, shall be provided. Landscape Area
Provided: 57' along Vehicular Storage Area
Variance Request No. 5 (Landscape Buffer Rear Property Line)
Code Section: 11-80) Buffer Requirements:
(3): B-1, B-2, B-3, B-5, B-6, I-1, L-1, and SU zoned property that directly abuts or is directly
across from any road right-of-way, canal, other water body or any other separator, any
residentially zoned plot or a plot zoned open space including golf courses and S-1 zoning
districts, a buffer area shall be provided on the nonresidential plot. This area shall be a minimum
continuous depth of twenty-five (25) feet of landscaped area. A solid masonry wall, stuccoes and
painted or earthen berm, or combination thereof, of at least six (6) feet in height shall be required
within this buffer unless the buffer is a front yard or a major arterial or Broward County collector
street. On the side of the wall or earthen berm that abuts the residential plot or S-1 zoning district
including golf courses, two (2) trees, with one (1) tree being a shade tree, for every thirty (30)
linear feet or major fraction thereof and a continuous hedge shall be provided. On the side of the
wall or earthen berm that is interior to the nonresidential plot, one (1) shade tree spaced every
forty (40) lineal feet and a continuous hedge shall be provided. If a berm is utilized, one (1)
continuous hedge shall be installed at the top of the berm only. The wall shall contain a door to
permit access necessary for the owners to maintain the required landscaping material. The
nonresidential user is responsible for maintenance of both sides of any wall. An optional design
or material of such wall may be considered by the city manager or his designee as long as such
wall is designed to be an architectural enhancement to the overall property other than strictly for
separation purposes. Additional buffer width will be required on plots where the building height
is five (5) stories or higher when the B,1-1, L-1 or SU zoned plot abuts or is across a water body
from an R zoned plot. In this case, the minimum width of the buffer shall be thirty-five (35) feet
where there is a water body separator and fifty (50) feet where there is no water body separator
between the parcels. Landscape Buffer Provided: 10' landscaped area south of wall and no
landscaping provided on the interior side of the wall.
Variance Board Order —Case No. 3-B-15 Page 2 of 5
Variance Request No. 6 (Landscape Pedestrian Zone)
Code Section: 11-8(I)(1)
(1)Pedestrian zones along building facades:
(1) Recognizing that it is universally accepted that trees and other plantings function to visually
and aesthetically buffer and enhance building facades to reduce air and noise pollution and to
conserve energy within the structure, there shall be a landscaped pedestrian zone along the entire
length of all building walls that are the primary frontage as well as building walls that face a
vehicular use area, excluding sections of such facade that are utilized for direct access into the
building.
These provisions shall be applicable to all zoning districts including all covered parking
structures or multi -level parking garages except single family and duplex single family
properties. However, these provisions shall not be applicable when a building wall faces a
dedicated alleyway. The minimum width of such landscaped zone for all structures shall be
measured from the base of the building and shall relate to the adjacent structure's wall height to
the top of a parapet wall, flat roof or the midpoint of the eave and ridge for a slopped roof as
follows:
Adjacent Structure Wall Height
ILandscape Zone Width
Wall height up to and including 60
50% of height, or ten feet, whichever is greatest
feet
Wall height greater than 60 feet
o less than 30%, nor more than 50% of such wall height
as determined by the city manager or his designee
Landscape Pedestrian Zone Provided: 10' along Primary Frontage and public vehicular use area
(2 sides of the required 4 sides)
Variance Request No. 7 (Landscape Pedestrian Zone Required Trees)
Code Section: 11-8(I)(3)
(I)Pedestrian zones along building facades:
(3) One (1) tree shall be installed in this zone per each thirty (30) lineal feet, or fraction thereof,
of facade width. Trees must be of a size as required by subsection (4), below. Trees may be
grouped, but there must be a minimum of one (1) tree per facade. The remainder of the landscape
area of the zone shall be treated appropriately with plantings, seating, and sidewalks and other
pedestrian access ways. Palms may be substituted for trees in landscape zones of limited width.
Palms shall be required at the rate of three (3) palms for each tree that would otherwise be
required under this section. Palms must be of a size as required by subsection (4), below. These
requirements are in addition to other requirements required by this chapter. Landscape Pedestrian
Zone Trees Provided: 2 trees (6 palms) (I per north and west facades accessible to the public)
Variance Board Order —Case No. 3-B-15 Page 3 of 5
Variance Request No. 8 (Perimeter Landscape Requirements)
Code Section: 11-8(k)(2)
Perimeter landscaping requirements: Perimeter landscaping requirements for areas not
previously addressed in this chapter shall be adhered to as follows:
B-1, B-2, B-3, B-5, B-6, I-1, L-1 and MXD zoned properties shall provide three (3) trees, with
one (1) tree being a shade tree, for every forty (40) linear feet or major fraction thereof and a
continuous hedge. Along the main public street frontage, involving only one (1) perimeter unless
the property is a corner property or a double frontage property that has store fronts facing it, this
requirement shall be reduced to one (1) shade tree, in addition to the street tree requirement and a
continuous hedge. Perimeter Landscape Provided: Existing walls provided on East, North and
West frontages with a new wall proposed on the South frontage. Continuous hedges only on the
outside of the north and south walls.
Notice of the request for the Variance was given as required by law. The Plannin� Board
of the City of Tamarac ("Board") has identified that the property located at 3816 NW 49 Street,
Tamarac, Florida 33319, Tamarac, Florida (the "Properties") are located in the B-3, (General
Business District) Zoning District, and following consideration of all testimony and evidence
presented at the hearing on September 2, 2015 the Board finds as follows:
1. That special conditions and circumstances exist which are peculiar to the
land, structure, or building involved and which are not applicable to other lands,
structures, or buildings in the same zoning district.
2. That granting the variance requested will not confer on the applicant any
special privilege that is denied by any law or ordinance to other lands, buildings
or structures in the same zoning district.
3. That the requested variance is the minimum variance that will make
possible the reasonable use of the land, structure or building.
5. That the granting of the variance will be in harmony with the general
intent and purpose of the City's Land Development Regulations, and such
variance will not be injurious to the area involved or otherwise detrimental to the
public welfare.
6. The Public Record, including sworn testimony and evidence established
before and presented to the Planning Board on September 2, 2015 is hereby
incorporated by reference and made a part hereof.
Pursuant to the authority contained in Section 24-71 of the City of Tamarac Code of Ordinances,
the Applicant's request for Variance approval as outlined is hereby GRANTED.
This document shall be recorded in the public records of Broward, County, Florida.
Variance Board Order — Case No. 3-B-15 Page 4 of 5
DONE and ORDERED this day of GCfQ 6tC , 2015, in Tamarac, Florida.
PLANNING BOARD
CITY OF TAMARAC, FLORIDA
By:,Aj,j
BOARD
PAMELA LEMELLE-GRAY
ATTEST:
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Alaina Gordon, Administrative Coordinator
STATE OF FLORIDA )
)H
COUNTY OF BROWARD )
I hereby certify that on this day, before me, appeared Planning Board Chairperson,
Pamela LeMelle-Gray, to me personally known, who acknowledged that he is the Chair of the
City of Tamarac ("City") Planning Board, a Florida municipal corporation, and that this
instrument was signed for the purposes contained on behalf of the City and by the authority of
the City, and that he further acknowledges the instrument to be the free act and deed of the
Board.
Sworn to and subscribed before me this
A. L GORDON
MY COMMISSION # EE 185417
a•. t.
`' Bonded
EXPIRES: August 1, 2016
Thru Not Public Underwriters
My Commission Expires:
day of UltC,2015.
�6, - F l a
NOTARY PUBLIC, STATE OF FLORIDA
Variance Board Order —Case No. 3-B-15
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