HomeMy WebLinkAboutCity of Tamarac Board Order 5-B-17Prepared by and Return to:
Sam Goren
City Attorney
CITY OF TAMARAC
7525 NW 88'bAvenue
Tamarac, Florida 33321-2401
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INSTR 0115104674
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Broward County Cw r*mgon
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01
BEFORE THE PLANNING BOARD
CITY OF TAMARAC, FLORIDA
for
HEARING DATE: May 2, 2018
CASE NO. 5-B-17
IN RE: The Application of: Pollo Tropical
8851 W Commercial Blvd, Tamarac, Florida
Property Folio Identification Number: 494108020040 & 494108020030 & 494108 020020
Property Legal Description:
A portion of LOTS 2,3,4, and 5, Block 9, LYONS COMMERCIAL SUBDIVISION UNIT NO.
2, according to the Plat thereof recorded in Plat Book 69, Page 43, of the Public Records of
Broward County.
BOARD ORDER APPROVING VARIANCE
The applicant, Craig McDonald, designated agent for the property owner, Tamarac Main Street
Land, LLC (the "Applicant") filed an application with the City of Tamarac ("City") Department
of Community Development seeking approval of the following Variances listed in the tables
below:
Code Section
Required
Proposed
Variance
Chapter 24, Section
Minimum lot area and dimension in
+/-1.345 acres in area
+/- .655 acres in area
24-538 (A), Property
an MXD district is 2 acres in area
Development
Chapter 24, Section
Minimum lot width in an MXD
200.04 feet in width
99.96 feet
24-538 (A), Property
district is 300 feet
Development
Chapter 24, Section
Minimum lot frontage in an MXD
200.04 feet
99.96 feet
24-538 (A), Property
district is 300 feet
Development
Chapter 24, Section
Mixed use district corridor frontage
77.11 feet
67.11 feet
24-538 (B), Property
(build -to line) is 10 feet
Development
Variance Board Order — Case No. 5-13-17
Page 1 of 5
�.F.4',P4, o
Chapter 24, Section
24-538 (C), Property
Development
Minimum height in an MXD district
is 35 feet
27'-4" in height
7'-8" in height
Chapter 24, Section
A ten -foot build -to line shall be
A 77.11 foot building
67.11 feet
24-540 (A)(3),
established for the first twenty-five
setback will be
Special Regulations,
feet in elevation along the
established in order to
Bulk and Massing
designated mixed -use condor
accommodate the drive
except to provide a vehicular
thru lane exit drive aisle,
access driveway if none can be
parking and landscaping.
provided from a secondary
roadway. This build to line
requirement for the ground
elevation may be reduced to zero
(0) feet if an arcade or colonnade
is provided along the street front
sidewalk.
Code Section
Required
Proposed
Variance
Chapter 24, Section
A minimum fifty (50) percent of the
The proposed building is
Provide transparent
24-540 (A)(5), Special
ground floor facade of the building
one story, and the
elements such as windows,
Regulations, Bulk and
frontage along the designated
facade consists of a
doors and other
Massing
mixed -use corridor shall consist of
reasonable amount of
fenestration less than the
transparent elements such as
transparent elements
minimum 50% similar to
windows, doors and other
such as windows, doors
adjacent uses along
fenestration. All ground floor space
and other fenestration.
Commercial Boulevard
designed for pedestrian oriented
An external entrance has
within the MXD.
uses shall have external entrances
been provided from the
directly accessible from the public
public sidewalk.
sidewalk space. At least one (1)
external entrance shall be located
along the frontage of the mixed use
designated corridor on a corner
intersection. Additionally, each
building use shall have separate
entrances and shall consist
primarily of transparent materials.
Chapter 24, Section
A minimum of seventy-five (75)
The building frontage will
Less than 25% dedicated to
24-540 (B)(1), Special
percent of the building frontage
be used to
entrances, lobbies,
Regulations, Building
along the designated mixed use
accommodate a
customer driveways,
Functionality
corridor shall contain ground floor
restaurant use that
architectural treatment, or
uses designed to accommodate
promotes pedestrian
non -pedestrian uses.
retail, restaurant, entertainment,
activity. The design
and other uses that promote
incorporates a dedicated
pedestrian activity. The remaining
entrance, as well as
maximum twenty-five (25) percent
special architectural
shall be dedicated to entrances,
treatment.
lobbies, customer driveways,
architectural treatment, or non -
pedestrian oriented uses.
Chapter 24, Section
Double frontage lots shall have all
The proposed building is
Allow a 45.33 feet in width
24-540 (B)(2), Special
vehicular access from a secondary
+/- 45.33 feet in width
building to have access
Regulations, Building
roadway and not from the
and has vehicular
from both frontages due to
Functionality
designated mixed -use corridor
access from both the
the site dimensions and
unless buildings are greater than
secondary and the
safety provided for onsite
three hundred 300 feet in width.
circulation and parking.
Variance Board Order — Case No. 5-B-17 Page 2 of 5
Reverse frontage lots shall not be
designated mixed use
permitted.
I corridor.
Code Section
Required
Proposed
Variance
Chapter 24, Section
A minimum 13-foot wide paver or
Due to the site
5-foot wide paver sidewalk.
24-540 (D)(1), Special
stamped decorative concrete
dimension limitations, a
Regulations,
sidewalk shall be provided along
5-foot wide concrete
Designated Mixed-
the street front, including plant
sidewalk is proposed.
use corridor
beds, however a minimum five-foot
wide must remain clear of all
obstructions to ensure adequate
pedestrian circulation.
Chapter 24, Section
On -street parking shall be required
No on -street parking
Waiver on -street parking
24-540 (D)(3), Special
to promote ground floor retail
provided. Proposed
Regulations,
activity.
parking is provided off -
Designated Mixed-
street within the site,
use corridor
similar to adjacent
Wend 's & Wal reen's.
Chapter 24, Section
Street furniture shall be part of the
No street furniture
Street furniture, benches,
24-540 (D)(4), Special
streetscape to encourage
proposed. The site is
and pedestrian lighting.
Regulations,
pedestrian activity. Benches shall
only 200.04 feet in width
Outdoor seating/ dining
Designated Mixed-
be provided at a minimum of 300
therefore it is not feasible
plaza area.
use corridor
foot intervals. Bicycle racks shall
to provide benches at
be provided at 600-foot intervals.
300 foot intervals. A bike
Trash/recycling receptacles shall
rack has been provided
be provided at every intersection.
near the entrance. There
Pedestrian lighting shall not
is no street intersection
exceed fifteen (15) feet in overall
applicable to this
height and shall be consistent in
property. An outdoor
scale and style throughout the
seating/dining area has
corridor as approved by the
been provided in the rear
community development
of the site for customers
department. All street signs
to use. The area will
throughout the district shall be of
contain 4 tables and 16
consistent style and scale. These
seats with pedestrian
may be located in the pedestrian
connectivity.
areas as long as pedestrian flow
patterns are continuous.
Code Section
Required
Proposed
Variance
Chapter 24, Section
Shade trees shall be provided
Landscaping along both
Shade trees at a maximum
24-540 (D)(5)(a),
along the street front at a
street fronts.
spacing of 40-foot on center
Special Regulations,
maximum spacing of 40-foot on
with an eight -foot
Designated Mixed-
center with an eight -foot
continuous canopy. Shade
use corridor
continuous canopy spread at
trees located in the median
planting with a three-inch caliper.
placed at intervals of no
Shade trees shall have a minimum
more than thirty (30) feet on
height of fourteen (14) feet at
center.
planting and maintain a minimum
height of twenty-five feet at
maturity. Street trees may be
placed in on -street parking bulb -
outs or in sidewalk plant beds
provided that a 15-foot minimum
Variance Board Order — Case No. 5-B-17 Page 3 of 5
hodiontal clearance from
structures is maintained. Shade
trees located in the median shall
be placed at intervals of no more
than thirty 30 feet on center.
Chapter 24, Section
Palm trees shall be provided three
No palms provided in
Palms in sidewalk planter
24-540 (D)(5)(b),
(3) feet to five (5) feet from the
sidewalk plant beds.
beds.
Special Regulations,
curbline located in sidewalk plant
Designated Mixed-
beds or 5'x5' planters at intervals
use corridor
of no more than fifteen (15) feet on
center. Large palms shall have a
minimum height of sixteen (16)
feet and small palms shall have a
minimum height of eight (8) feet.
Palm trees located in the median
shall be spaced at intervals of no
more than 30 feet on center.
Chapter 24, Section
Surface parking areas shall be
Surface parking is
Parking 50 feet from
24-540 (E)(4)(a),
setback a minimum of fifty (50) feet
provided from the
roadway and behind the
Special Regulations,
from the roadway and shall, to the
roadway, however, not
building. Due to the site
Parking
greatest extent practicable, be
behind the building.
layout and for safety and
located behind the principal
circulation purposes
building. I
I
parking does not comply.
Notice of the request for the Variance was given as required by law. The Planning Board
of the City of Tamarac ("Board") has identified that the property located at 8851 W. Commercial
Blvd, Tamarac, Florida (the "Property") is located in the (MXD), Mixed Use District, District, and
following consideration of all testimony and evidence presented at the hearing on May 2, 2018,
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. The special conditions and circumstances do not result from the actions of
the applicant.
3. 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.
4. That the literal interpretation of the provisions of the applicable Land
Development Regulations ("LDRs") would deprive the Applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms
of the LDRs.
5. That the requested variance is the minimum variance that will make possible
the reasonable use of the land, structure or building.
6. 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.
Variance Board Order —Case No. 5-B-17 Page 4 of 5
The Public Record, including sworn testimony and evidence established before and
presented to the Planning Board on May 2, 2018 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 Applicants' request for Variance approval as outlined is hereby GRANTED subject to the
following conditions:
1. Approval of the variance is contingent upon approval of the application for Special
Exception for Pollo Tropical, Case #5-Z-17, by the City Commission.
2. Approval of the variance is contingent upon approval of the application for New
Development Site Plan for Pollo Tropical, Case #3-SP-17, by the City Commission.
This document shall be recorded in the public records of Broward, County, Florida.
DONE and ORDERED this ,D day of-nlA,, 2018, in Tamarac, Florida.
PLANNING BOARD
CITY F TAMAR�AoC, FLORIDA
By: xl� AU,4 44,f
PAMELA LEMELLE-GRAY,
BOARD CHAIR
ATTEST:
t
(d. 6u -
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 —9a day of 2018.
ALAINA L. GOWN
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Commission M FF 990065
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Variance Board Order — Case No. 5-B-17 Page 5 of 5