HomeMy WebLinkAbout1983-09-20 - City Commission Joint Special Meeting MinutesMAIL REPLY TO:
P.O. BOX 25010
TAMARAC, FLORIDA 33320
5811 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321
TELEPHONE (305) 722-5900
September 15, 1983
NOTICE OF JOINT SPECIAL MEETING
OF THE
CITY COUNCIL AND PLANNING COMMISSION
Please be advised that the Joint Special Meeting of the City Council
and the Planning Commission will be held on Tuesday, September 20,
1983, at 9:00 A.M. in the Council Chambers at City Hall, 5811 NW 88
Avenue, Tamarac, Florida on the following items:
1. Stratus Report on the south half of Land Section 7 - Discussion
and possible action.
2. Stratus_ Report on lease condemnation case for the sludge farm -
Discussion and possible action.
The City Council may consider such other business as may come before it.
The public is invited to attend.
a
Carol A. Evans
Assistant City Clerk
Pursuant to Section 286,0105, Florida Statutes
If a person decides to appeal any decision made by the city
Council with respect to any matter considered at such meeting or
hearing, he will need a record of the proceedings and for such
purpose, he may need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is to be b3scd.
"An Equal Opportunity Employer"
CITY OF TAMARAC, FLORIDA
JOINT SPECIAL MEETING
OF THE
CITY COUNCIL AND PLANNING COMMISSION
CALL TO ORDER: Mayor Walter W. Falck called the meeting to order at
9:00 A.M. on Tu.esday, September 20, 1983, in the Council Chambers at
City Hall.
ROLL CALL: PRESENT: CITY COUNCIL:
PLANNING COMMISSION:
Absent and Excused
ALSO PRESENT
Mayor Walter W. Falck
Vice Mayor Helen Massaro
Councilman Philip B. Kravitz
Councilman David E. Krantz
Councilman Jack Stelzer
Vice Chairman Martin Schoenfeld
Commissioner Emil Beutner
Commissioner Maurice Meyers
Commissioner Carl Alper
Commissioner Irving Tepper
Commissioner Arthur H. Gottesman
Commissioner Saul Mesinger
Planning Commission Chairman,
Louis Becker
Jon M. Henning, City Attorney
Alan Ruf, Consultant City Attorney
Richard Rubin, Consultant City Planner
Patricia Marcurio, Secretary
Mayor Falck read the call into the record.
1. Status Report on the south half of Land Section 7 - Discussion and
possible action.
SYNOPSIS OF ACTION: Status Report was
given by Richard Rubin and action was
TABLED for a Special Meeting scheduled
for Monday, 9/26/83 at 10:00 a.m.
Richard Rubin said his firm.has worked for 2 months preparing the
overall analysis for Land Section 7 and it is identical to the way it
was presented to Council last July. He said there is an 85 page report
which will be submitted to Council this week. V/M Massaro asked if
the report concerned the south portion only and Mr. Rubin said it
concerns the entire Land Section 7 since the statistics are for the
entire population, housing types, etc. V/M Massaro expressed her
concern because the City is presently in litigation concerning the
north half of Land Section 7 and no discussion on this portion should
take place at this time. Mr. Henning said the Meeting Notice makes
it clear that any action today would be on the south half of Land
Section 7 only.
Commissioner Schoenfeld asked for a clarification of the location being
discussed and Mr. Rubin referred to a map which showed a line exactly
in the center of the Section, the south half is one property owner,
Land Section 7 Associates, and the north half has approximately 13
land owners.
Mr. Rubin gave a slide presentation which he narrated: The location of
Land Section 7 has Commercial Blvd. on the south side, the Sawgrass
Expressway on the west side and this is the last undeveloped area in
the City without public improvements, water and sewer, existing in that
area. This will be in a different Water Management District. By the
year 2020, it is estimated that the population of Florida will be
17,000,000 and it is 10,000,000 now. There has been an increase by
50% of the estimated growth in 10 years. Broward County is the second
fastest growing in the State and the City of Tamarac follows suit.
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Mr. Rubin said in 1960 there were 500 people in Tamarac, in 1983
there are 34,000 and it is estimated that in 1990 there will be
39,000. In order to find jobs for the people coming to south Florida,
there will be an increase in industries of communications, electronics,
and microprocesses. Although there is increased population, the roads
in Broward County are the poorest in the State. Within the next few
years there will be a Sawgrass Expressway being planned west of -Land
Section 7, it will go down to State Road 84, down into Miami and allow
traffic to be routed east, west to Naples and north to Palm Beach
County. Based on the existing over -capacities of the highways on the
east, this corridor should be well used.
Mr. Rubin said in 1976, the County's Plan was adopted and incorpor-
ated into the City's Land Use Plan, was originally submitted by
Leadership Housing and what was added was the inclusion of the
school and park sites. Part of this school site falls in the south
half and if this school site is not needed, this could be revised.
He referred to a new shopping center planned and approved by Council
for over 150,000 square feet of commercial zoning planned for this
area. He said over 30 industrial/office parks were analyzed in
Broward County and it was found that this space has over 3,000 acres
available, which is 60% of the overall industrial needs in Broward
County. Presently, without Land Section 7, there are 10-15 years of
industry/office land available in Broward County and it was discovered
there are over 400,000 square feet of office space existing unrented
in broward County and there is no need to develop this land on the
short term. He said a planned industrial park was envisioned adjacent
to intersections of highways; however, it is expected that, because
it does not have rail or airport access, the type of industry would
be offices, research, hi -technology, distribution and storage.
Mr. Rubin said the residential needs of the City were studied as well.
In 1978, the City was approximately 70% adult development, 30% family -
type development. After 1978, a change occurred, 90% is adult
development, there was one public community that was planned and
approved and never constructed and the other 10% are homes over $100,000.
HP said the City has lost affordable housing in the last 5 years.
With affordable housing the density is kept to 6 or 7 dwelling units
per acre. He said there is an over -abundance of townhouses and single
family, few multiple -family and no mobile home parks in Tamarac. He
said Kings Point is building 5,000 units of adult housing in western
Tamarac and their prices range from $43,000 to $60,000 and they provide
amenities such as a recreation center, two acres under roof, medical
facilities, etc. However, the adult market is saturated by Kings
Point and the only market available today is for other income groups,
singles, starting families, etc. Mr. Rubin said with a strong home-
owners association, recreation area and an active maintenance associa-
tion, this could be a very attractive asset to the community. He said
the specific site plan, platting, Code and Beautification Committee
requirements would assure this to be an asset to the community.
Mr. Rubin said that Mr. Toll has said that he feels the south half
should be a residential community and, because of the lack of access
to the interchange for commercial use, Council might decide to move
forward with the Land Use Amendment. He said Hiatus Rd. is planned to
go through Sunrise Industrial Park and intersect with Commercial Blvd.
about 1,300 feet west of Nob Hill Rd. and this would be a logical
extension for an internal service road to this area. From a fire and
emergency vehicle standpoint, a secondary means is needed into this
area no matter what land uses are constructed. The waterways are a
secondary concern and the waterways must lead west to the levee and
down to the C13 canal basin and be constructed in a planned manner.
Mr. Rubin said if the City reaffirms its Land Use Plan, staff would
make a recommendation to move the school and park site from
there and cause this site to be 11 units per acre in gross
density. He said Mr. Toll feels 11 units per acre is too high a
density for this type of development and the Council would approve
prefabricated housing with a growth density of approximately 6 units
per acre.
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Mr. Rubin said the other alternative is to spread those 938 units
across the entire parcel and that would give an average density of
5 dwelling units per acre which would be the proper density for pre-
fab housing. This plan is reaffirming the City's Land Use Plan show-
ing industrial -based activities on the west side, which can be spec-
ified in the Code to be non -pollution type of industry. This is a
permanent use of residential or it might be possible to permit prefab
housing as an interim use on the west side of the Hiatus Rd. extension
for a period of years and when the market dictates that this could be
industrial, this area could be converted back to industrial use.
Mr. Rubin said if this area is to be developed in a coordinated
manner, then Council needs to address providing a special assessment
district for that area. With a special assessment district, the
main roads and canal can be constructed with backbone improvements.
He said that in the Charter it states that all public improvements
are required to have a referendum, Tamarac is one of the few cities
in Broward County that requires a referendum for special assessment
district, most are levied without referendum because the property
owners have the burden to pay and not the tax payers. In conclusion
to his presentation, Mr. Rubin said the three things for consideration
by the Council are: 1. Special Assessment
2. Referendum
3. Mr. Toll's request for prefab housing
in the entire south half of Land Section 7.
Mr. Alper questioned what was meant by temporary residential areas
ape and Mr. Rubin said if there would not be a subdivision of the land,
2 a homeowner or condominium document can plan for the interim
use to be removed in the future when the market dictates. At V/M
Massaro's request, Mr. Toll distributed pictures of the area he
constructed in Palm Aire to Council and Planning Commission members.
C/M Krantz asked the approximate price of the homes pictured and Mr.
Toll said between $40,000 and $50,000 and that does not include the
land. V/M Massaro said if the City were to assign to the Land Use
Plan an interim designation of land use anyone would be foolish to
build there and this idea should be discounted completely.
Mr. Toll said he never suggested temporary housing on this site but
it was considered as an alternative. Commissioner
Schoenfeld asked if the City itself can assess the district for
building the roads, etc. for a planned industrial development and
have the cost borne by just the owners of the development. Alan
Ruf, Consultant City Attorney, said when a special assessment district
is decreed by the Council, there are certain statutory and Code
requirements that must be followed. Once those are completed, those
persons who are benefited are the only persons who pay, however,
the Council determines how the land owners benefited will pay.
He said the City fronts the money and then sets a time limit in
which the owners reimburse the City. He said the Charter
does not allow the City to spend for capital projects more than
2-1/2% of the then current budget; therefore, if the City were going
to front the cost of the construction of the roadways, sewers and
water lines in Land Section 7 and require those people who own
those lands to reimburse the City, the City would ask the residents
by referendum to allow the City to spend the money, the City would sell
bonds, construct the improvement and the landowners in Land Section 7
would reimburse the City that money that was fronted.
Mr. Schoenfeld said he would like to see it maintained as it is on
the Land Use Plana and Mr. Alper concurred. Mayor Falck asked Mr.
Rubin to review the steps that would be necessary for the City to
follow if a land use change of this magnitude was considered.
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/pm
Mr. Rubin said if Council chose to make an amendment to the Land
Use Plan, one would be to remove some of that industrial designa-
tion because, as the drawings show, there is already industrial
land on the east side of Hiatus Rd. It would require a full County-
wide amendment and the scenario would be as follows:
10/83 - The City Council will have their final review of the Land
Use revision and have to submit for the 163 review by
State Law, which takes 60 days.
1/84 - The City Council will receive the comments from the
different agencies that reviewed their plans during those 60
days and the Planning Commission and City Council will hold
public hearings to adopt their Land Use Plan. There is one
new requirement over last year, after the City Council
approves it, it will go to the Planning Council for re-
certification, since it requires a full County -wide
amendment.
4/84 - The Broward County Commission will be holding a public
hearing to amend the plan consistent to Council's proposal
which could be supported based on the specifics of this
site.
5/84 - City Council would hold their public hearing after the
County Commission approved the Land Use Amendment and the
next step is rezoning.
6/84 to
9/84 -- The City would be holding the public hearing to zone the
area in accordance to the Land Use Plan. Then it would be
ready for development if the backbone improvements were in.
2. Status Report on Lease Condemnation Case for the Slud e Farm -
Discussion and possible action.
SYNOPSIS OF ACTION: TABLED to
Special Meeting on 9/26/83.
Alan Ruf said at the time Council declared a moratorium on Land
Section 7 to restudy it, the City was advised by the primary land
owner of the south half of Section 7 that the City should stop using
the sod farm operation, which the City has used for many years.
He said, at the same time, the City was involved with the County
in the discussion of how the City would ultimately resolve its
treatment of wastewater and how it would be disposed of. He said
the City believed they would have to continue using the present site
for approximately 30 months in order to plug into any new operation
that might be dictated by the ultimate plan. The City passed a
Resolution of Necessity indicating that it was necessary for the
City to take an interest in that property for a 30-month period and
authorize the City Attorney's office to file suit to achieve that
Taking. The suit was filed, it's being defended vigorously and
there was to be a hearing in July and the City Attorney's office
and the special expert that has been engaged by the City to estimate
the value of that Taking, filed with the Court the indication that
the Taking is in the area of $120,000 to $150,000. When that was
done, Gene Toll came to the City and the City Attorney's office and
said he felt he might be interested in purchasing that land from
the owner and developing it and if he could work out a development
plan that was suitable for him as a developer and the Council, as
far as the Land Use is concerned. He would like to allow the City
to continue to use the Sludge Farm until an alternate site was
available.
Mr. Ruf continued that in order to
that would be mutually beneficial
hearing was continued to 10/26/83.
which the City is working and this
Special Meeting. He said the City
forward with their hearinc before
had an indication from the City's
probably be the only continuation
- 4 -
attempt to work out something
to Mr. Toll and to the City, that
This is the time element with
is what has precipitated this
is currently scheduled to go
the Judge on10/26/83 and he has
adversaries that that uin0d
that they would agree to.
9/20/83
/pm
Mr. Ruf said the City Attorney's estimate of the costs include
not only the $120,000 to $150,000 for the Taking, but in an
Eminent Domain proceeding, the authority attempting to take pays
not only his own attorneys and experts but pays the attorneys and
experts for the land owner. He said the City's estimate of the
value of the Taking is being contested, the land owner believes
it is substantially more. He said the dollar amount that the
Council has committed to this Eminent Domain Taking is substantial
and it is within that context that it should not be the major
reason for any decision making with respect to the Land Use on
the south half of Section 7 but it should be one of those things
that Council considers in making a decision.
Commissioner Alper asked Mr. Ruf, assuming that the City was
successful in the suit, would the City then permanently own that
land. Mr. Ruf said no, the City does not believe that that is the
most appropriate place for a long term sludge operation since it
is located on Nob Hill. Rd. and rather centrally located in terms
of what will develop around it. He said the City believes there
are alternative sites in Section 7 that are better. Mr. Ruf said
under the 201 Plan there will be sludge operations that are
regionalized.
Commissioner Meyers asked if Mr. Ruf had an estimate of what it
would. cost to take the land by Eminent Domain and Mr. Ruf said he
could not speculate on that, but they have agreed that the value
of the Taking for 30 months is $120,000 approximately. Commissioner
Schoenfeld asked Mr. Ruf if the proper fee were deposited with the
Court and it turns out that that is sufficient, is the City still
responsible for costs? Mr. Ruf answered yes.
Mr. Toll said he volunteered to manufacture housing ranging from
$35,000 to $50,000, for which there is a need. He said the present
Land Use Plan shows 938 units on this piece of ground and the
balance of the ground in industrial growth but he would spread the
938 units over the entire south half of land. He said his reasons
are to stop the bad press which does not help sales of properties
he presently has in the City. Commissioner Alper asked why Mr.
Toll could not build homes in this price range including the land
and Mr. Toll said he could not compete with Lennar Homes and
Sunrise Lakes.. Commissioner Meyers asked Mr. Toll if
these prefabs were considered affordable housing and he said yes,
they are considered by the government as housing. Mr. Toll said
they have all the utilities connected as a regular home would have.
Mr. Toll said there would be three section development there, one
adult, one a family and a. single. He said whichever one grows the
fastest would be the one that would continue. He said he just saw
a graph which showed that 63% of what was being sold in this
industry now was for 35 years and younger. Commissioner Meyers
asked if there would be any government control of these homes and
Mr. Toll said no. C/M Kravitz asked if Mr. Toll were having a
Feasibility Study on this and Mr. Toll said more to absorption rate
and the type of people who would buy in there, etc. and this would
be received in about 3 months.
Commissioner Gottesman asked Mr. Toll how much he estimated the
land cost would be added to the cost of the home and Mr. Toll said
if he were to copy one of the parks he has built, the homes on the
property pay rent and the new ones are condominium. C/M Stelzer
asked Mr. Toll if he proposed having permanent homes to the east
and the rest of the property would be land leased for a certain
number of years? Mr. -Toll said his proposal is not for just an
interim use. Mayor Falck said there are legal requirements con -
Tape cerning land rental that usually give the option to buy the land.
3 V/M Massaro said it was never Mr. Toll's idea to have an interim
plan for this property. C/M Stelzer asked Mr. Toll the difference
between a mobile home and a prefab and Mr. Toll said a mobile home
5 - 9/20/83
/pm
has wheels and can be moved and a prefab home is stationary.
Richard Potash, representing Toll Development and Leadership
Housing, said Florida has regulations concerning underlying land
leases when you own the property above. Commissioner Schoenfeld
said this is a potentially dangerous situation because as soon as
the development is sold out, the developer no longer cares about
maintaining a minimum lease amount. V/M Massaro said there is
no difference with a rental and concerning safety, the standards are
dictated by the South Florida Building Code. C/M Krantz asked the
width of these homes and Mr. Toll said approximately 14 feet wide
is the average, which is 2 feet wider than apartments. C/M Stelzer
asked if there were any recreation facilities planned and Mr. Toll
said 3 will be developed for each of the 3 types of homes there.
Mr. Toll said their job is to lease and rent these homes and if
they are not satisfactory, Toll Development will suffer.
Commissioner Alper questioned the availability of mortgage money
on mobile homes and he suggested tabling this until Mr. Toll can
determine what he will do there. Mr. Toll said he is not doing a
Feasibility Study but just an absorption rate study as to which
type of housing will sell the fastest. Commissioner Tepper asked
if the development in Palm Aire is land leased or individually owned
homes and Mr. Toll said that development is land leased. Commissioner
Tepper said a land lease for less than 99 years could cause problems
and the alternative of moving these homes is prohibitive to the
average person. He said if a time should come when the market
changes and since the tract is owned by one person, there may be
a desire at that time to use that land for another purpose at which
time an acceleration of rental could serve the purpose of driving
people off the land with their mobile homes and leaving the land
then free to be developed in another area.
Mayor Falck said Mr. Toll has not decided at this point what type
of housing would be going in there. V/M Massaro said Mr. Toll has
been honest in stating that if the manufactured homes are used in
there it would be with a land rental basis so that, in no way,
would it be a transient mobile home park. She said this would have
to be part of an agreement that would be very specific. C/M
Stelzer asked if there were any chance of having a minimum lease
rental for the land at a specific rental increase over a period of
years? Mr. Toll said he would probably be willing to do something
like that. Commissioner Alper said people owning only the house and
not.the land will pay a smaller amount of tax but their demand for
services of police and fire will be as great as anyone else.
Abe Silverglide, Vice President of the Board of Directors of the
Isles of Tamarac,said mobile homes will not add to the improvement
of the City but rather have the opposite effect. James Ephraim,
member of the. Board of Directors of the Isles of Tamarac, said his
sister owned a mobile home in Hallandale and paid no taxes to either
the City or County but paid a license fee since these mobile homes
are deemed to be vehicles. Milt Siegel, President of the Isles of
Tamarac, said he feels it would not be an asset to the community.
V/M Massaro said the laws would protect the homeowners as much as
possible but the economy would dictate if a land lease fee would
be raised. Commissioner Alper repeated his desire for tabling of
this until all the facts are known and V/M Massaro asked Mr. Ruf
what problems the City might have since there is a definite date
set for the next hearing with no further postponement. Mr. Ruf
said the hearing is scheduled for 10/26/83 and the City is prepared
to go forward with its case. However, he said, the decision on
the land use of the south half of Section 7 should be under consider -
Tape ation. Mr. Ruf said if the Council were to agree that T-1 zoning
4 on this property were reasonable and authorized the staff to go
forward with the rezoning and the change in the Land Use Plan,
Mr. Toll and the landowners would then grant the City the right to
- 6 - 9/20/83
/pm
use the sludge farm property until such time as Tamarac had developed
the ultimate sludge treatment that will be used for
decades. Mayor Falck suggested TABLING this Item to the Special
Meeting to be held on Monday, 10/26/83 and V/M Massaro so MOVED.
SECONDED by C/M Krantz.
111244
ALL VOTED AYE
Mayor Falck adjourned the meeting at 11:30 A.M.
MAYO'
ASSISTANT CITY CLERK
This public document was promulgated at a cost of $ lel, V- or $ �/, / 7
Per copy, to inform the general public and public officers and employees about
recent opinions and considerations by the City Council of the City of Tamarac.
-7-
CITY OF TAMA.RAC
W i f{OW AT MEETING OF �
City Clerk
9/20/83
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