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Home My WebLink About1989-10-11 - City Commission Special Meeting Minutesti OF rgMq'P U � ��OR10P 7525 N.W. 88th AVENUE TAMARAC, FLORIDA 33321.2401 RECORD OF COUNCIL ACTIONS/DISCUSSION SPECIAL MEETING CITY COUNCIL OF TAMARAC, FLORIDA There will be a Special Meeting of the City Council on Wednesday, October 11, 1989, at 7:30 p.m., in the Council Chamber of City Hall, 7525 NW 88 Avenue, Tamarac, to hold public hearings on the following items: 1. PUBLIC HEARING - MOTION TO ADOPT Tem . Ord. #1436 on second reading to amen Section 28-182 under Article XX of Chapter 28 of the Code, LI-1, Light Industrial District, to delete all B-3 uses; to amend Section 28 185 for plots of five (5) acres or less; and creating Section 28-188 for yard setbacks, plot coverage, open space requirement, building height and hours of operation. FINAL ACTION: ORDINANCE NO. 0-89-33 PASSED. Public Hearing was held. APPROVED on second reading. 2. PUBLIC HEARING - MOTION TO ADOPT Tem . Ord. #1445 on second reading to amend Chapter 28-25 d of the Cade revising the requirements for advertising public hearings before a Planning Commission meeting and to amend Chapter 28-25(f) of the Code revising the requirements for advertising public hearings before a City Council meeting. FINAL ACTION: ORDINANCE NO. 0-89-34 PASSED. Public Hearing was hcld. APPROVED on second reading. 3. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1456. Petition #t29-Z-89 —' - b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1456 on first reading concerning a request by TAMARAC PARTNERS, LTD., to rezone lands at the southwest corner of a parcel of land to be developed as MELAUR MEDICAL PLAZA on the west side of University Drive at NW 71 Court from B-6 (Business District) to B-5 (Limited Business District). Petition #29-Z-89. FINAL ACTION: 3.a. ACCEPTED Affidavits. 3.b. APPROVED on first reading. Second reading and public hearing will be held at a Regular City Council meeting on Wednesday, October 25, 1989 at or after 10:00 a.m. 4. PUBLIC HEARING - MOTION TO APPROVE transmittal of the City of Tamarac Comprehensive Plan to the Florida Department of Community Affairs. FINAL ACTION: Public Hearing was held. APPROVED. The City Council may consider and act upon such other business as may come before it. All meetings are open to the public. Pursuant to Section 286.0105, florida Statutes a Gerson decides to appeal Council with respect to an ► Carol A. Evans Y decision me,* the city City Clerk huring he will n y considered at such meetWW or Purpose, he "my need for n @Wrdo/ the proc r*s and for such 1M testimony and eviden, . �l record inio,� 1 CITY OF TAMARAC CITY COUNCIL SPECIAL MEETING WEDNESDAY, OCTOBER 11, 1989 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Wednesday, October 11, 1989 at 7:30 P.M. in the Council Chambers. MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiance followed by a Moment of Silent Meditation. PRESENT: ABSENT AND EXCUSED: ALSO PRESENT: Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilman Bruce Hoffman Councilman Henry Rohr Councilman ,Tack Stelzer Mike Couzzo, Acting City Manager Richard Doody, City Attorney Carol A. Evans, City Clerk Pauline Walaszek, Special Services Secretary 1. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1436 on second reading to amend Section 28-182 under Article cle XX of Chapter 28 of the Code, LI-1, Light Industrial District, to delete all B-3 uses; to amend Section 28-185 for plots of five (5) acres or less; and creating Section 28-188 for yard set- backs, plot coverage, open space requirement, building height and hours of operation. SYNOPSIS OF ACTION: ORDINANCE NO. 0--89-33 - PASSED Public Hear n� g was held. APPROVED on second reading. City Attorney Doody read Temp Ord. #1436 by title. * V/M Bender MOVED to APPROVE Temp. Ord. #1436 on second reading, * SECONDED by C/M Hoffman. Kelly Carpenter -Craft, City Planner, said this request was for a change in the LI-1 Zoning District to accommodate plats on sites that are 5 acres or less. She said staff was approached by several potential users of industrial land indicating that the Code may be restrictive in the acreage requirements. She said staff was recommending that 5 acres or less be allowed and regulations for the development were created that dealt with the maximum area of open space, building height, front yards along arterial streets, additional landscaping requirements were added, masonry walls and buffering was required along residential zones or S-1 zones. She said outside storage was not permitted that the regulations on signing and landscaping, except as specifically amended herein, would be as required in the other Chapters of the Code. Mrs. Carpenter -Craft said because the District had the language, "Any use permitted in the B--3 District, except as prohibited in Section 28-183", it was eliminated because it was not allowed under the City and County Land Page 1 10/11/89--pw Use Plans because the Land Use Plans tried to restrict industrial areas for employment base as opposed to retail uses only. She said the Plans also were limited to heavy commercial uses in industrial zones. Mrs. Carpenter -Craft said the Planning Commission and Community Development recommend approval. VOTE: ALL VOTED AYE 2. PUBLIC HEARING - MOTION TO ADOPT Temp Ord. #1.445 on second reading to amend Chapter 28-25(f) of the Code revising the requirements for advertising public hearings before a Planning Commission meeting and to amend Chapter 28-25(d) of the Code revising the requirements for advertising public hearings before a City Council meeting. SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-34 - PASSED Public Hearing was held. APPROVED on second reading. City Attorney Doody read Temp. Ord. #1445 by title. * C/M Hoffman MOVED to APPROVE Temp. Ord. #1445 on second reading * SECONDED by V/M Bender. Kelly Carpenter -Craft, City Planner, said the existing requirements for advertisement or posting of the sign for a rezoning and special exception stated as follows, "A Public Notice for Rezoning or Special Exception Hearing before the Planning Commission or the City Council, City of Tamarac." She said there was a , in which the date and hour of the hearing was inserted. She said the sign stated, "To be rezoned from to She said the Planning Department was required to ill in all of the blanks and has yet to find an efficient way to fill in the blanks. Mrs. Carpenter -Craft said the request was for a change to allow the following: 1. The signs would have sufficient information to advise surrounding property owners that a land permit was being sought for the property. 2. The sign need not describe the specific proposed plans or details thereof. Mrs. Carpenter -Craft said the recommendation was to have a standard sign, which would indicate that a land permit was being requested and the telephone number of City Hall would be listed for further information. Mrs. Carpenter -Craft said the Planning Commission recommended approval at their September 9, 1989 meeting. She said the Planning Commission suggested that letters be sent to surrounding property owner as opposed to posting signs, which was presently being done by the City of Coral Springs. She said the Planning Commission did not recommend that the City Council request staff to do this. VOTE: ALL VOTED AYE 1 1 1 Page 2 10/11/89-pw 1 I F'� 3. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1456. Petition #29-Z-89 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1456 on first r ae ding concerning a request by TAMARAC PARTNERS, LTD., to rezone lands at the southwest corner of a parcel of land to be developed as MELAUR MEDICAL PLAZA on the west side of University Drive at NW 71 Court from B-6 (Business District) to B-5 (Limited Business District). Petition #29-Z-89. SYNOPSIS OF ACTION: Pu6Tic Hear ni g was held. APPROVED on first reading. * a. V/M Bender MOVED to APPROVE the Affidavits of Publication, * Posting and Mailing for Temp. Ord. #1456, SECONDED by * C/M Hoffman. VOTE: ALL VOTED AYE b. City Attorney Doody read Temp. Ord. #1456 by title. * C/M Hoffman MOVED to APPROVE Temp. Ord. #1456 on first reading, * SECONDED by V/M Bender. Kelly Carpenter -Craft, City Planner, said this request was from Tamarac Partners, Ltd., to rezone lands from B--6 (Business District) to B-5 (Limited Business District). She said the site had 0.861 acres and was located on the west side of University Drive, south of NW 71 Court. She said the surrounding uses were as follows: North - Community Facility (Hospital) South - Undeveloped Commercial West - Commercial (B-6) East - Commercial (B-2) Mrs. Carpenter -Craft said the application had a special exception, which would be heard at the next City Council meeting. She said the application had a site plan and the use was proposed to be a day care center. She said the validity of the use should not be considered; however, the value of B-5 should be considered. Mrs. Carpenter --Craft said the Planning Commission recommended approval at their September 20, 1989 meeting and she recommended approval. Mayor Abramowitz Opened and Closed the Public Hearing with no response. ►i107162F ALL VOTED AYE 4. PUBLIC HEARING - MOTION TO APPROVE transmittal of the City of Tamarac Comprehensive Plan to the Florida Department of Community Affairs. SYNOPSIS OF ACTION: Public Hearing was held. APPROVED. Kelly Carpenter -Craft, City Planner, said staff was recommending that the City Council transmit the draft of the City of Tamarac Comprehensive Plan to the State Department of Community Affairs for a 90 day review. She said the contents of the Plan was heard during several Page 3 10/11/89-pw Workshop and Public Hearing meetings in 1988; however, there were problems with advertising and staff was going to retransmit the Plan to the State. Mrs. Carpenter -Craft said during 1989, the Planning Commission held a Public Hearing on the Plan and the City Council held an extensive Workshop on the Plan last week. She said she would explain the major points of the Plan. She said the public and business communities expressed great interest in the Plan; however, in the future, the City should receive more input from the community at large. She said proposals of a program for participation would be submitted to the City Council in the future. Mrs. Carpenter -Craft said staff felt that the grade on the Plan was a solid "B"; however, the description of the City of Tamarac, present and future, was not strong. She said during the 90 day review period more spirit and life could be implemented in the Plan. Mrs. Carpenter -Craft said Tamarac was approximately 75% built out; therefore, 25% of land was available for development. She said most of the undeveloped lands were either held by Lennar Homes, Inc., and already master planned or located in Land Section 7. She said the south half of Land Section 7 was under an active DRI and a hearing would be held on December 21, 1989, to determine the land uses and configuration of the major roads. She said the north half of Land Section 7 had a loose but existing coalition of owners who were planning improvements to their property. Mrs. Carpenter -Craft said there were spots of undeveloped land around the City, such as portions of the Visual Graphics site and some residential lands. She said staff was not requesting any notable changes to the Land Use Plan Map, except the items she would be explaining to the City Council. Mrs. Carpenter -Craft exhibited the future Land Use Map for the City and said the only significant changes from the previous map were located in Land Section 7. She said one change was that the commercial and industrial uses, while acreages remained the same, have changed location. She said more details of the changes would be worked out during the DRI process. Mrs. Carpenter -Craft said the second change concerned the alignment of Hiatus Road and the third change concerned the utility site/Florida Power & Light. Mrs. Carpenter -Craft said staff worked very hard in August and September, 1989, with the property owners in Land Section 7 to come to an alignment of Hiatus Road. She said all of Land Section 7 was designated residential on the City's Land Use Plan; however, in 1986, the lands were changed to industrial. She said during this time, Hiatus Road indicated a cul-de-sac to the north and south from Commercial Boulevard. Mrs. Carpenter -Craft said recently the property owners agreed to align Hiatus Road and the City desired to use all of the right-of-way currently on the half section line of Land Section 7. She said the City wanted the road to come to the edge of the alignment, which was similar to the Broward County Trafficways Plan. She said there would be some flexibility in the middle. Page 4 10/11/89-pw Mrs. Carpenter -Craft said the property owners in the north half of Land Section 7 originally wanted the alignment indicated in yellow on the drawing and the property owners in the south half submitted an alignment as an alternate. She exhibited the alternative drawing for review. She said the property owners of the north and south halves of Land Section 7 met and agreed to another alignment and she exhibited this alignment. Mrs. Carpenter -Craft said the City favored the alignment for Hiatus Road; however, there would be no left turns --allowed from Hiatus Road onto McNab Road. She said this was decided because of the traffic alignment, which may cause the road to be used as an alternative route to enter into Coral Springs and the City and property owners did not want this to occur. She said there would be a median strip on McNab Road and east bound traffic would be allowed to make a left turn into the industrial. areas. She said the City would like to see a substantial buffer on the south side of McNab Road so that the residents on the north side of McNab Road were not affected. Mrs. Carpenter -Craft said the City's Land Use Plan indicated a 5 acre site for utilities. She said this site has been on the Plan for several years and the County Land Use Plan had a substantially larger portion of 29 acres for utilities. She said the City intended to submit its Plan for a 5 acre site and ask the County to amend their Plan to reflect a 5 acre utility site as opposed to a 29 acre site. Mayor Abramowitz Opened the Public Hearing. Robert Huebner, Attorney for Florida Power & Light, submitted a letter to the City Council (SEE ATTACHMENT #1). He said his concern was with the utility site in the City and Florida Power & Light rejected that only a 5 acre site would be provided. Ed Ploski, Director of Planning with Craig Smith & Associates, Consulting Engineers and Planning Surveyors, said he had the honor to work with the property owners from the north half of Land Section 7 and he thanked Mrs. Carpenter -Craft for her and her staff's assistance in creating an alignment on Hiatus Road. He said the Westport DRI staff agreed with the alignment. He said the property owners along McNab Road would be complying with the requests to buffer the area. Sam Butters, property owner of a site on the north half of Land Section 7, commended Mrs. Carpenter -Craft for such a great job. He said 98% of the property owners agreed with the alignment. Mayor Abramowitz said 98% of the property owners agreed because the 14 property owners did not attend the alignment meetings. He said he was sorry that the public did not attend the workshop presented by the Community Development Department regarding the alignment because it was a very good meeting. He congratulated Mrs. Carpenter -Craft for holding such a good meeting. Mayor Abramowitz Closed the Public Hearing with no further response. * V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE Page 5 10/11/89-pw With no further business, Mayor Abramowitz ADJOURNED this meeting at 8:05 P.M. N R AN ABRAMOWITZ, MAYOR CAROL A. EVAN S, CITY CLERK "This public document was promulgated at a cost of $49.00 or $6.13 per copy to inform the general public, public officers and employees of recent opinions and considerations of the City Council of the City of Tamarac." CITY OF TAMAIZAC APPROVED AT MEETING OF City Clerk 1 1 Fj Page 6 ROSERT E. HUEBNER DAVID G. MURRAY QF CQuNSEL KATHERINE J. LANGLEY, P. A. JUDY A. BARRINGER, P, A ANDREW S. MAURODIS ATTACHMENT 1 LAW OFFICE5 HUEBNER & MURRAY PROFESSIONAL ASSOCIATION 321 SOUTHEAST ISTH AVENUE FORT L,AUDERDALE, FLORIDA 33301 Mayor Norman Abramowitz City Commission City of Tamarac 7525 N. W. 88th Avenue Tamarac, Florida 33321 TELEPHONE (305) 467-2000 TELECOPIER (305) 467-2305 October 11, 1989 Dear Mayor and City Commission: Page 1 of 2 Special City Council Mtg. October 11, 1989 MAILING ADDRESS: POST OFFICE BOX 2427 FORT LAUDERDALE, FLORIDA 33303 As you know, i represent Florida Power and Light, the owner of a parcel of property within the City of Tamarac and the purchaser of an additional parcel of property lying west of the Sawgrass Expressway directly adjacent to the conservation area. As you also know, Florida Power and Light does carry on business in the City of Tamarac. It is our contention that the proposed Comprehensive Plan, in particular the future land use element, is inconsistent with the state plan, the regional plan, and Broward County Land Use Plan. Chapter 163.3171 (2) states that, "In the case of chartered counties the countv may exercise such authority --over municipalities or districts within its boundaries as is provided fgrr in the. charter". Section 9J-5. 002 (2) (d) further supports this county authority. Pursuant to Section D of the Broward County Land Use Plan and Section 804 of the Broward County Charter, the county has chosen to exercise authority over land use. Each local government entity is required to adopt a land use element which is consistent with the Broward County Land Use Plan. The Plan further states that the arrangement of land uses on the local land use map should bear a resisonable relationshiR to the arrangement of land uses on the future Broward County Land Use, Map and permitted uses should be within the parameters of permitted uses established by the Broward County Land Use Plan. The proposed designation for the property owned by Florida Power and Light and under contract for purchase by Florida Power and Light, more particularly described in the exhibit attached hereto, fails to comply with this requirement of the Broward County Land Use Plan and is inconsistent with the South Florida Regional Planning Council Plan. A plan is consistent if it is compatible . -with and furthers the goals of the plan. The term "compatible ATTACHMENT 1 Page 2 of 2 Special City Council Mtg, October 11, 1989 Mayor Norman Abramowitz City Commission October 11, 1989 Page Two with" means that the plan is not in conflict with the State Comprehensive Plan or the appropriate regional policy plan. The term "further" has been defined as meaning to take action in the direction of realizing the goals or policies of the state or regional plan. The present classification fails each of these tests. Based upon the fact that Broward County's Land Use Plan must prevail within the boundaries of the county, the present Tamarac Land Use Plan clearly is not in compliance with state law. Additionally, it does not comply with the provision of the regional plan which calls for this area to be utilities and which, at Page 140, requires that each region support their fair share of uses determined as "locally unwanted land uses". For these reasons, we would respectfully request that the future land use element of the Tamarac Comprehensive Plan be changed to reflect that the area in the attached Exhibit be given a land use designation of utilities as it presently is in the Broward County Land Use Plan. Sincerely, ROBERT E. EBNER REH/jms Enclosure r.r J 7-� I riCo m ��`I - - ----r��h1.��`►�� , ,�... �'llt�llll Iuiir•ia�ti11:� r ,- /-�-�---�.''.� t tIL.�� fir, 'IriAlti.�� "��■ I lam WE 411111102 gill j%/ri,.•.%j////�_ II•!-r-�—�--•-- �;� III illllll —� ,��c'J � it III =�y�.Il 1i` lilill IIII��:I� �� IIIIII � -- nnnnnt.upnunu glttlnnnuu uuutq tlluum ununut uununl nntn11 1 171 ��uuunl� 11in .Ilk ENGINEERING DEPTI i CRY of ri