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HomeMy WebLinkAbout2023-03-22 - City Commission Regular Meeting MinutesREGULAR CITY COMMISSION MEETING MINUTES WEDNESDAY, MARCH 22, 2023 6:30 PM COMMISSION CHAMBERS CALL TO ORDER Mayor Michelle J. Gomez called the Wednesday, March 22, 2023, City Commission meeting, being held in Commission Chambers, to order at 6:32 p.m. ROLL CALL Present were Mayor Michelle J. Gomez, Vice Mayor Marlon D. Bolton, Commissioner Kicia Daniel, Commissioner Morey Wright Jr., and Commissioner Elvin Villalobos. Also present were City Manager Levent Sucuoglu, Assistant City Manager Maxine Calloway, City Attorney Hans Ottinot, and City Clerk Kimberly Dillon. PLEDGE OF ALLEGIANCE Commissioner Wright led the Pledge of Allegiance and moment of silence. 1. CITY ATTORNEY REPORT City Attorney Ottinot had no report. 2. CITY MANAGER REPORT 2.a. Women's History Month Proclamation Mayor Gomez read proclamations from the members of Commission; each recognized a member of the community in honor of Women's History Month: Mayor Gomez — Barbara Tarnove Vice Mayor Bolton — Yvette Evans Commissioner Wright — Ameerah Adejola Commissioner Villalobos — Lurow May Hill Commissioner Daniel — Dr. Valerie Smith Wanza Mayor Gomez recognized former District 4 Commissioner Debra Placko, who was in attendance. 2.b. Investment Report — January 2023 City Manager Sucuoglu had no report. Minutes March 22, 2023 — Regular Commission Meeting 3. PUBLIC PARTICIPATION Page 2 Mayor Gomez noted the number of people signed up to speak exceeded the Commission's allotted time for the item. Moved by Mayor Gomez; seconded by Commissioner Villalobos to extend Public Participation to allow three (3) minutes per speaker signed up to speak. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, Commissioner Wright, and Commissioner Villalobos. Voting Against: None. City Attorney Ottinot read the rules for public participation. Mayor Gomez opened the floor to comments from the public. 1) Darcy Schiller, Kings Point, Tamarac, asserted the City Attorney had been hired illegally and stated the residents should demand he pay back his salary. She stated Commissioner Daniel should not get credit for the fire truck, as Carol Mendelson and the previous Commission should receive recognition. 2) Carol Mendelson, Woodmont, Tamarac, referenced a recent Tamarac Post article which stated the City was trying to save taxpayers money by looking into Broward Sheriff's Office (BSO) Fire and stated if they wanted to save money, the Commissioners should reduce their salaries, car allowances, staffing, and travel budgets. She discussed reasons the community supports keeping Fire Rescue services in Tamarac and issues with the behavior of Vice Mayor Bolton. 3) Ronald Wasserman, Shangri La, Tamarac, spoke on the importance of being screened for cancer. He stated the City supports BSO, and Fire Rescue speaks for itself. He discussed issues with a developer and stated his community had been targeted. 4) Sarahca Peterson, Tamarac, thanked the Commission and stated she sees their work. She stated if the Commissioners are looking to save the residents money, that is a good thing. She asserted it was positive for the City to look into BSO Fire and stated it was a good organization that other cities were utilizing. 5) David Schneider, 7416 Corkwood Terrace, Tamarac, stated the Commission had perturbed him a lot over the past 10 years. He stated he has been a first responder for four (4) years and asserted Fire Rescue services need to stay in Tamarac. He added that there were issues with the Commission and the way it is run, and stated they should be embarrassed. 6) William Goffernet, 5106 Bayberry Lane, Tamarac, asked the Commission whether there were any other 275 acre parcels available in Tamarac. He continued to ask questions of the Commission and the audience. Minutes March 22, 2023 — Regular Commission Meeting 4. CONSENT AGENDA Page 3 City Manager Sucuoglu stated there were no changes to the agenda. Moved by Mayor Gomez; seconded by Commissioner Villalobos to approve the Consent Agenda. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, Commissioner Wright, and Commissioner Villalobos. Voting Against: None. 4.a. Approval of February 13, 2023, Strategic Planning Workshop Minutes 4.b. Approval of February 22, 2023, Strategic Planning Workshop Minutes 4.c. TR13908 - A Resolution of the City Commission of the City of Tamarac, Florida, accepting a grant in the amount of $414,367 from the Florida Department of Environmental Protection Resilient Florida Program; authorizing the appropriate City Officials to execute an agreement between the Florida Department of Environmental Protection and the City of Tamarac for grant funding in the amount of $414,367, from the Resilient Florida Program for the Development of a Vulnerability Assessment; providing for conflicts; providing for severability; and providing for an effective date. 4.d. TR13912 - A Resolution of the City Commission of the City of Tamarac, Florida adopting a Resolution of Support for three Municipal Capital Projects for the Broward County Mobility Advancement Program (30-Year One Percent Surtax For Transportation) funding; acknowledging that the projects are located within the City of Tamarac; authorizing the appropriate City officials to take any and all actions necessary to apply and receive the funding for three Municipal Capital Projects in an amount not to exceed $3,353,459; providing for conflicts; providing for severability; and providing for an effective date. 5. QUASI-JUDICIAL HEARING(S) — SECOND READING 5.a. TO2402 - An Ordinance of the City Commission of the City of Tamarac, Florida, adopting a Large Scale Land Use Plan Amendment to the City of Tamarac's Comprehensive Plan Future Land Use Map in accordance with Chapter 163, specifically Section 163.3184 of the Florida State Statutes, for said lands situated, lying, and being in Broward County, Florida, and known as "The Woodlands" and located at or bounded by West Commercial Boulevard to the North, Rock Island Road to the East, NW 64 Avenue to the West and NW 44 Street to the South, and more particularly described in the legal description shown in Exhibit "A" attached hereto, to change the future land use designation of approximately 165.53 gross acres of land from "Commercial Recreation" to "Low (5) Residential" to facilitate and allow for the development of a residential use, Minutes March 22, 2023 — Regular Commission Meeting Page 4 restricted to (0-3) dwelling units per acre, by Michael Nunziata of 13th Floor Woodlands HB GP, designated agent for the property owner, Clublink us Corporation and providing consistency with the Land Development Code in accordance with the intent of the Comprehensive Plan of the City of Tamarac; (Case No. 1- LUA-19) authorizing adoption of the Large Scale Land Use Map Amendment (No. 20-01ESR — Woodlands) and recertification of the City of Tamarac Future Land Use Map; providing for amendment to the land use plan to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Ottinot outlined the City's procedures regarding Quasi -Judicial proceedings. He confirmed the public notice items were met. City Attorney Ottinot stated items 5a and 5b would be heard together. He read the titles for the record. City Attorney Ottinot asked for any ex-parte disclosures. Each of the Commissioners disclosed that they had spoken with residents of the Woodlands and neighboring communities, the applicant, and applicant's legal counsel. Mayor Gomez addressed questions regarding whether she had a conflict of interest. She stated under Florida Statutes, she is eligible to take part in the meeting and to vote. She reviewed the rules and procedures for the meeting, as well as the agenda. City Clerk Kimberly Dillon swore in those wishing to provide testimony. Attorney Scott Backman, of Dunay, Miskel, and Backman, provided a presentation on behalf of the applicant. The presentation is on file in the City Clerk's Office. He noted all exhibits associated with the project were a part of the record, along with all prior proceedings before the City. Lesley Deutsch, Managing Principal, John Burns Real Estate Consulting and Howard Nelson, Chair of Environmental Practice Group Bilzin and Sundberg spoke as part of the presentation. Maxine Calloway, Assistant City Manager/Community Development Director, provided a presentation on behalf of staff. The presentation is on file in the City Clerk's Office. Mayor Gomez called for a recess at 8:35 p.m. Mayor Gomez called the meeting to order at 8:49 p.m. Registered Affected Parties in opposition of the application were provided with an opportunity to speak. A full list of those registered is on file in the City Clerk's Office. Speakers were as follows: 1) Stanley Tracy, 5708 Walnut Drive, voiced his opposition to the project, citing destruction of green space, changed character of the community, Minutes March 22, 2023 — Regular Commission Meeting Page 5 concerns with traffic, release of chemicals in the soil, and the impacts of enclosing the community. He stated the current owners had represented themselves as a company that would rehabilitate the golf course and asserted the contributions promised by the developer did not have an impact and were meant as inducements to lobby the Commission. 2) Andy Felix, Tamarac, spoke in opposition to the project. He discussed concerns with chemicals being introduced to the air during excavation and construction, citing concerns of breast cancer and stating the costs outweigh the benefits. He asserted the materials sent to residents in the mail are not legally binding documents, and stated the developer was not prepared and did not have professional plans. Continuing, Mr. Felix expressed concern with an increase in traffic, impacts on emergency response, and increased accidents. He expressed concern with the developers not being reliable and stated the developer had thrown parties instead of addressing resident issues. Mr. Felix registered with an attorney, Robert Hartsell, who did not make a presentation. 3) Jeffrey Shapiro, 6104 Orchard Tree Lane, Tamarac, submitted an email for the record and spoke in opposition to the project. He stated the developer's presentation had left out existing waterways and asserted the proposed site plan and development agreement moved the water closer to his home. He expressed concern with space for sidewalks and other amenities, taking land from property owners, and honesty from the developer. Continuing, Mr. Shapiro shared concerns regarding arsenic and other chemicals which would be brought up during excavation and remediation. He discussed flooding concerns related to changes to waterways, loss of absorption from open land, drainage from the roads, and drainage for new homes. He addressed issues with a requirement to widen roads, impact on sewer capacity, traffic, and changes to entrances. Mr. Shapiro registered with Sylvia Brenstein, who was not present. 4) Jose Spena, Tamarac, spoke in opposition to the project. He stated he was concerned the project took up too much useable green space, and once that was gone, it could not be gotten back. He asked how much of the space described as "open space" on the plan was water. Attorney Backman asked for clarification on the process, as it was a Quasi- judicial hearing. Discussion ensued briefly. Attorney Backman responded to Mr. Spena's question with an explanation of the deeded open space and the acreage of the lake and green space. Minutes March 22, 2023 — Regular Commission Meeting Page 6 Lindsay Murphy, Urban Design Studio, explained the number of acres of the open space would be new and existing water, and stated the rest would be passive open space. Mr. Spena asked whether the lakes were designed to retain the runoff from rain and when the clubhouse would be built. Attorney Backman and Assistant City Manager Calloway directed him to the backup materials. Mr. Spena asked whether the land could be sold between the rezoning and approval of the development agreement. City Attorney Ottinot explained the binding nature of the agreement. Mr. Spena inquired regarding the mix of houses included in the project and asked whether the City had put together a risk assessment in dealing with an active construction site for upward of eight (8) years. City Attorney Ottinot stated that Mr. Spena could also set up a meeting with the City Manager's office to discuss the details of the evidence. Mr. Spena discussed concerns with financial gain for the City and stated the project did not benefit the residents enough. He asserted they should consider keeping a golf course on the site. 5) Christopher Hodgkins, Tamarac, stated there was supposed to be a final site plan at this point in the process. He asserted there had not been appropriate notice of the Commission workshop, and the final hearing had been rushed. He stated pictures shown of degradation in the Woodlands were all on the golf course property, which had been neglected. He discussed concerns with traffic, including a Florida Department of Transportation (FDOT) opinion and ingress and egress from the community. He expressed concern with arsenic levels. Mr. Nelson responded regarding the arsenic concerns. Mr. Hogkins asked to call an attorney to give additional testimony. Discussion ensued regarding the procedure for Mr. Hodgkin's calling an attorney he had not registered in advance, and the request was denied. Mr. Hodgkins shared concerns regarding compatibility and drainage. He questioned the timeline of moving forward with the project after a lengthy time and stated the Commission needed to do better. He asked that the City come up with a project that makes sense. 6) Sandra Hill, Banyon Lane, discussed her pride in the community of Woodland Hills. She expressed concern with the group in opposition to the project and stated not everyone against the development was part of a faction. She stated she was now in support of the development. Minutes March 22, 2023 — Regular Commission Meeting Page 7 Registered Affected Parties in support of the application were provided with an opportunity to speak. A full list of those registered is on file in the City Clerk's Office. Speakers were as follows: 1) Harvey Quinton, Woodlands, Tamarac, spoke in support of the project. He drew a comparison between the Woodlands development process and a doctor developing a treatment plan over time, revising again and again until the plan becomes great. He asked that the Commission support the residents in breathing new life into the neighborhood and not listen to the loud opposition. 2) Patrick Sherlock, Woodlands, Tamarac, spoke in support of the redevelopment. He stated he had liked having a golf course, but time moves on. He discussed issues with vermin since the golf course closed down, as well as use of the clubhouse by the homeless. He stated the plans had been codeveloped with the homeowners' associations, and the developer had been responsive. 3) Cecilia Kleinrichert, 3262 Banyon Lane, Tamarac, stated the Woodlands had been beautiful but she had seen it deteriorate, and 13th Floor was the savior. She asserted that most people she talked to either did not have an opinion or want the project. 4) Patricia Fox, Mulberry Drive, Tamarac, thanked 13th Floor for listening to the community and making changes to the site. She stated she thought the development was a great thing for the community and for the City, and noted she looks forward to meeting her new neighbors. She expressed concern with what would happen to their investments if the project did not move forward. 5) Armondo Perez, 4609 Holy Drive, stated that he had purchased his dream place, and now it was unrecognizable. He asserted the golf course was dangerous and had issues with trash. He discussed concerns with the homeless and those coming to fish. Mayor Gomez called for a recess at 10:45 p.m. Mayor Gomez called the meeting to order at 11:05 p.m. Moved by Vice Mayor Bolton; seconded by Commissioner Wright to extend the meeting past 11:30 p.m. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, Commissioner Wright, and Commissioner Villalobos. Voting Against: None. Minutes March 22, 2023 — Regular Commission Meeting Page 8 Mayor Gomez opened the public hearing. A complete list of those registered to speak is on file in the City's Clerk's Office. Speakers were as follows: 1) Ray Martin, Lauderhill Vice Mayor, shared concern regarding ingress and egress on NW 64th Avenue. He stated without mitigation of that issue, his city's residents are in opposition to the project. He read an excerpt from a Lauderhill Resolution passed in 2019 and 2021 voicing that opposition. 2) Erwin E. Kendall, Tamarac, asked whether the City had looked into a positive alternative such as a hotel on the site with the amenity of two (2) golf courses. 3) Jeffrey Smalley, 4714 Banyon Lane, Tamarac, spoke in opposition to the project. He stated residents had been duped by the developer as they could not get funding or move forward with flood plans or other steps without a site plan. He asserted blocking public streets was illegal under Florida Law. 4) Sonya Rose, Water Oak Place, Tamarac, went on record in opposition to the project. 5) Kristin Leonard Angulo, Tamarac, stated since Clublink has taken over the golf course grounds, they have gone derelict. She asserted she has a vision of being retired and traversing the golf courses, and with this plan that is gone. She stated the situation could be turned around. 6) Bryce Short, White Oak Lane, Tamarac, noted both sides are not happy with the state of affairs. He stated because the developer is working with Club Link, they are also responsible for the derelict. He asserted people are afraid, and that is not a reason to vote in support of the project. He stated this was all about money and asked that the Commission take into account what was being said when making their decisions. 7) Dave Pesch, White Oak Lane, Tamarac, stated he and his husband had moved to Tamarac because they were tired of congestion in Fort Lauderdale. He asserted games were being played with the money related to the project. He discussed the possibility of residents developing the property collectively and projected the developer's profits. 8) Wanda Bartley, Lauderhill, expressed concern regarding increases to traffic. She stated the project on Rock Island had already resulted in traffic jams every day of the week. 9) William Goffernet, 5106 Bayberry Lane, Tamarac, stated other plans could not be heard unless the project was voted down at this meeting. He asserted a project on the. property should be higher -end and less dense. He stated it Minutes March 22, 2023 — Regular Commission Meeting Page 9 was heavy-handed to remove the golf course and asserted people bought there for the course. 10) Lindsay Rainer Foster, Central Park, Tamarac, stated she owns a 13t` Floor home, and discussed how much she enjoys her neighborhood. She spoke in support of the project and noted it would be an opportunity for others to become homeowners of a quality built home. She stated she has also been employed by 13th Floor for nine (9) years and knows they care about people. 11) Liz Cruz, Woodlands, Tamarac, spoke in support of the project. She stated she loves the City and the people behind it and believes with more homeowners there will be more people to volunteer and more funds to invest in the City. She referenced the article commented on regarding breast cancer and stated they forgot to mention that arsenic is a common ingredient in weed killer. She added that the sidewalks would be beneficial. She addressed concerns regarding traffic and referenced hybrid and virtual work and stated residents had not supported the golf course when it was open. 12) Zoila Crescimbeni, 4609 Holly Drive, Tamarac, stated Woodlands needs a drastic change. She asserted the community is being rapidly destroyed, and the golf course has turned into a jungle, as well as a filthy and dangerous place to be. She added that she supports the development by 13th Floor. 13) Jodi Sierra, Tamarac, spoke in support of the development. She stated she believed it was the best option for maintaining the integrity and beauty of the Woodlands which they had been known for since the 1970s. She noted it was a neighborhood which needed trails to bike and walk. 14) Diane L. Rechner, Village of Woodland Lake, Tamarac, spoke in opposition. She cited traffic issues and stated more people are not needed, and asserted that as a breast cancer survivor, she was concerned about the arsenic people would breathe during the development. 15) Linda Goran, Woodlands, Tamarac, stated her parents were among the first to build a house in Woodlands, and she had lived there 54 years. She asserted the Woodlands made the City what it was, and was responsible for the entrance and exit on the turnpike. She argued against raised rates due to gating the community and noted ongoing issues with flooding. 16) Marilyn Tippenhauer, 6110 White Oak Lane, Tamarac, stated like many others, she bought her house for the golf course. She asserted there is traffic at all hours of the day, and she does not see how adding more than 300 homes would reduce traffic. She stated the developer was bending over backward for profits, not the residents, and stated the project would make her home a nightmare. Minutes March 22, 2023 — Regular Commission Meeting Page 10 17) Kathleen Latemps, Laurel Circle, Tamarac, stated she would be affected by the project through three (3) generations of her family. She asserted for 13' Floor to make decisions on property they do not own by closing off the street was wrong. She noted that she was responsible for the costs of cleaning up her home during the Manor Park construction, and the noise was atrocious. She stated the project did not make sense. 18) Micele Alcier, Woodlands, Tamarac, stated her home was her sanctuary and her heaven, and she was disappointed that people run for office and tell people all the good things they will do, then turn around and do the opposite. She asserted she was all for change, but it could not be a lie. 19) Judith Jagoda, 6101 Royal Poinciana Lane, Tamarac, stated she had been affiliated with Woodlands since its inception, and remembers the good days. She noted she would like to have a golf course, but it is not going to happen. She stated 13th Floor had spent time and money explaining what they are going to do and how they will do it, and it is time to vote yes and let them build their homes to make Woodlands the jewel it was before. 20) Wendy Conforme, Coral Gables, shared her experience as an engineer with FDOT and addressed concerns regarding traffic. She explained the capacity of some of the State roads adjacent to the Woodlands has already been exceeded. She discussed the traffic report completed by Kimley Horn and stated the Comprehensive Plan criteria was not met by the project. 21) Wayne Wise, Woodlands, Tamarac, discussed changes to the community since he and his husband Alan had moved there. He stated the changed plan was an asset and would be in keeping with the existing mix of homes. He noted he did not want the decision on development to take another 5-10 years and asked that the Commission consider approving this project as it would only make the diverse community better. 22) Georgia Scott, 5700 South Travelers Palm Lane, Tamarac, stated she moved to the Woodlands because it was beautiful and quiet. She noted concern was with quality of life. She discussed traffic and overpopulation, and stated she had come in against the project, but understood the need to move forward. 23) Jim McDaniel, Royal Poinciana Lane, Tamarac, stated he was in support of the 13'h Floor project and asked the Commissioners to vote yes. 24) Attorney Shai Ozery, Robert N Hartsell PA, representing Save the Woodlands, asked that his previously submitted letter be entered into the record. Minutes March 22, 2023 — Regular Commission Meeting Page 11 Mayor Gomez confirmed that a 22-page letter dated May 2021 had been entered into the record. Mr. Ozery stated his client is a non-profit organization which opposes development of the Woodlands and supports preserving open space. He asserted the issues which was demonstrably in violation of Florida law and in conflict with the City's Comprehensive Plan was the adverse impact to the traffic and level of service on roadways. Continuing, Mr. Ozery stated the traffic study included cherry -picked data and still found there were adverse impacts in excess of the one (1) percent standard. He stated despite mitigation efforts, the project should be denied. City Attorney Ottinot clarified that under the Quasi -Judicial rules, statements made by an attorney were not considered evidence. 25) Demitria Rawls, Lauderhill, stated she felt the project would negatively affect her. She discussed the impact of traffic on the safety of students getting on and off school busses, and stated the developers had never contacted the Forest Lake Estate community to bring them to the table. She asked that the Commission vote against the development. 26) Dr. Olebade, West Palm Circle, Tamarac, stated he had purchased his dream property on a cul-de-sac the year before. He noted the only problem is that when it rains, the golf course floods, but it is clean and beautiful. He asserted additional homes would make the flooding worse, and arsenic poisoning would be a real issue for the children and grandchildren in his neighborhood. He noted his daughter loves the burrowing owls which come to his atrium, and stated he believed they were protected, and the developers should apply for a permit to protect them. 27) Hernan Gonzalez, 4911 Woodlands Boulevard, Tamarac, reminded the Commissioners they were on the dais to work on behalf of the community. He stated the trucks involved in the project would destroy the street, and asserted he did not want the people to be affected by arsenic poisoning. He asked that the Commission vote no. 28) Mark Nagaben, Woodlands, Tamarac, spoke in support of the project. He stated he was a science and math enthusiast and was very upset by the arguments made by Save the Woodlands. He asserted there is arsenic all over, and it was a fabricated argument to sow fear and doubt, doing a disservice to the community. 29) Walt Siwierka, Royal Poinciana Lane, Tamarac, stated he supports 13th Floor. He asserted they had bent over backward to try to please everyone in the community. He noted none of the residents own the golf course, and if Minutes March 22, 2023 — Regular Commission Meeting Page 12 the owners want to sell it, they have the right to do so. He stated redevelopment was needed, and that if the residents were concerned with arsenic, they would not allow their children to play on the golf course. He discussed his pride in the City and his home. 30) Richard Grinnage, 5400 White Oak Lane, Tamarac, quoted Sam Cook regarding change, and stated he hoped change was going to come in a good way. He discussed his efforts to campaign for members of the Commission and asserted COVID-19 had taught people what they need, what they don't need, and who they can trust. He stated 17 of the 18 people in his section are against the development and asked the Commission to do the right thing. Mayor Gomez closed the public hearing. Attorney Backman presented his rebuttal to the public comments, including a statement objecting to the admission and consideration as evidence testimony presented by Affected Parties on their own behalf without establishing the basis or qualification for that testimony, and objecting to the admission and consideration of any hearsay statements made without supporting evidence. Attorney Backman stated volumes of material had been submitted by the applicant and reviewed by staff and consultants, and asserted they had provided competent, substantial evidence that they meet all appropriate criteria. He addressed concerns voiced regarding 13th Floor, past and ongoing performance of the developer, and meetings with Lauderhill. Mayor Gomez opened the floor to Commission deliberation. Commissioner Villalobos thanked everyone for taking the time to voice their opinions. He stated he was initially in opposition, until he gave 13th Floor the opportunity to share their updated plan. He noted the Commission was unable to vote based on their emotions and asked that counsel reiterate the rules governing Quasi-judicial proceedings and evidence. City Attorney Ottinot provided a brief description of the City's procedures regarding Quasi -Judicial proceedings and explained which items presented could be considered as evidence, and the discretion of the Commission. Commissioner Villalobos asked how the Planning Board had voted on the item. Assistant City Manager Calloway stated the vote had been 3-2 in favor. Continuing, Commissioner Villalobos asked questions regarding the Site Plan process, planned restrictions to access to the Woodlands, and the poor condition of the golf course. Attorney Backman responded to each question in turn. Commissioner Wright noted Attorney Backman had clarified questions regarding green space in the project at the March 20 workshop, and asked that he repeat those Minutes March 22, 2023 — Regular Commission Meeting Page 13 details for the record. Attorney Backman stated the applicant had agreed to a minimum of 160 acres of deed restricted green space within the development, but the plan is for approximately 190 acres of actual green space within the community. Commissioner Wright asked questions regarding outreach to the City of Lauderhill, traffic impacts, relocation of utilities, maximum heights, home designs, and health concerns. Attorney Backman responded to each question in turn. Commissioner Wright stated he had grown up coming to the Woodlands, and discussed his experience in the community. He asserted he would not be supporting the project because he did not believe compatibility existed. Commissioner Villalobos referenced the chart from the staff presentation regarding the number of emails received related to the project and noted the numbers were accurate and the 426 emails in support, 180 emails in opposition, one (1) neutral email were on file in the City Clerk's Office. Commissioner Villalobos asked a follow-up question regarding removal of arsenic from the property. Howard Nelson, Chair of Environmental Practice Group Bilzin and Sundberg, addressed remediation of arsenic and the safety of the public. Vice Mayor Bolton asked staff to reiterate the result of the vote when the development was first before the City Commission. Assistant City Manager Calloway shared a timeline of hearings for the Land Use Plan Amendment dating back to June 5, 2019 review by the Planning Board. She stated the City had conceded at that time that the applicant met the requirements of the City Code. Vice Mayor Bolton inquired as to compatibility. Assistant City Manager Calloway explained the amendment which had been recommended and the changes made by the applicant. In response to a follow up question, she stated the density proposed was compatible with the existing build in the surrounding area. Continuing, Vice Mayor Bolton asked Assistant City Manager Calloway to review subsequent decisions. Assistant City Manager Calloway stated the Broward Planning Council had reviewed the application and recommended approval in January 2020, the Broward County Commission had approved the project in October 2020, and the State of Florida provided a letter of no comments in November 2020. Vice Mayor Bolton shared his experience with the process and asked for an explanation of the Land Use, Zoning, Development Agreement, and Site Plan processes. Assistant City Manager Calloway explained as appropriate. Vice Mayor Bolton asked the applicant to address resident concerns that there was not a Site Plan at this time. Attorney Backman discussed the commitment to move Minutes March 22, 2023 — Regular Commission Meeting Page 14 forward with a site plan and stated the plan is in the review process and is attached to the development agreement. Vice Mayor Bolton stated residents are concerned that 13t' Floor is not doing what they say they are going to do, and asserted the development agreement should not move forward to a second reading without the site plan. City Attorney Ottinot clarified the separation between the processes. Vice Mayor Bolton asserted that while he hears the concerns of the neighbors, the golf course is not their property and developers also have rights. He stated it is the City's job to balance the two and come to a fair decision. He added that he has always thought something needed to be done in the Woodlands, but he does not know if this project is it. Vice Mayor Bolton inquired as to whether the applicant was trying to sway votes with proffers within the development agreement. Attorney Backman stated that they absolutely are not. Vice Mayor Bolton asked whether the applicant felt they were under duress in any way. Attorney Backman responded that they do not and are addressing impacts of the development to the benefit of the City. Mayor Gomez noted she had missed a speaker during the public hearing. She apologized for the oversight and reopened the hearing to allow the resident to speak. 31) Donna Williams, Tamarac, stated a lot of people may be thinking residents in opposition to the project are afraid of change, but while she thinks something needs to be done, it is a matter of what is being done and at what price. She discussed the beauty of her home on the golf course and expressed concern about other developments. Mayor Gomez closed the public hearing. Commissioner Daniel noted residents had expressed concern regarding noise and asked whether there would be an agreement restricting hours of construction work. Attorney Backman stated the Code provides for reasonable hours from 8 a.m. to 6 p.m., and 4 p.m. on Saturday, with no work on Sunday. Commissioner Daniel asked whether a construction fence to protect neighboring homes. Mr. Backman explained there would be a construction management plan, which would include silt fence and dust control, along with dollars being allocated in the development agreement for cleanup. Commissioner Daniel inquired regarding the concerns with arsenic, and asked whether the company would be able to meet the requirements. Mr. Nelson stated the requirement is to come down to Code levels or cap it over. He explained Minutes March 22, 2023 — Regular Commission Meeting Page 15 background concentrations of arsenic and stated the developer would be touching all the dirt on the site under the supervision of Broward County. Commissioner Daniel stated she was continually hearing about arsenic concerns, and asked for confirmation that the City would not allow the project to be built on land with arsenic levels that were too high. Mr. Nelson stated City, County, and Department of Environmental Protection staff would be monitoring the issue and making sure the developer lives up to the requirements. Mr. Backman added that permits would not be issued if the requirements were not met. Mayor Gomez expressed appreciation for everyone's respectful comments. She stated it was the Commission's responsibility to listen and make a decision in the best interest of the community. She discussed the Woodlands Country Club and its failure. She shared her personal experience with the Woodlands since she was two (2) years old and discussed lack of participation in helping the golf course to survive. She asserted as a Woodlands homeowner she understands the concerns and cares deeply. Continuing, Mayor Gomez addressed gating the community of Woodlands, and noted the Woodlands Neighborhood Improvement District was created at the specific request of the residents for the limited purpose of gating the entire community, beautifying, and landscaping. She shared renderings created by residents at the time of the district's creation and noted the images were for demonstrative purposes only. Mayor Gomez reiterated comments that the golf course was not public property, and stated if the development goes through, there will be safe public walking trails and sidewalks for people to walk their dogs, run, and travel safely. Mayor Gomez stated as a breast cancer survivor, she is not blaming anyone for her experience and cannot allow fear tactics to dictate how she votes. She discussed issues of access by emergency responders and stated that while golf courses do not count as green space, this project will include green space that runs with the land for eternity and offer protections to the community. Mayor Gomez stated in her 12 years on the Commission, she had not seen any other developer listen and change projects the way 13t' Floor had. She noted it was not easy to watch the community die as it had been, and asserted they should not be afraid to be great. Moved by Commissioner Villalobos; seconded by Vice Mayor Bolton to adopt Ordinance TO2402 on second reading. Motion Approved: 3-2. Voting For: Mayor Gomez, Commissioner Daniel, and Commissioner Villalobos. Voting Against: Vice Mayor Bolton and Commissioner Wright. Minutes March 22, 2023 — Regular Commission Meeting Page 16 5.b. T02403 - An Ordinance of the City Commission of the City of Tamarac, Florida, amending the official Zoning Map of the City of Tamarac referenced in Section 10-2.1(B) of Chapter 10 of the City of Tamarac Code of Ordinances for said lands situated, lying, and being in Broward County, Florida, and known as "The Woodlands" and located at or bounded by West Commercial Boulevard to the North, Rock Island Road to the East, NW 64 Avenue to the West and NW 44 Street to the South, and more particularly described in the legal description shown in Exhibit "A" attached hereto, to rezone approximately 165.53 acres from RC (Recreation) zoning classification to RE (Residential Estate) zoning classification, to facilitate the development of a residential use by Michael Nunziata of 13th Floor Woodlands HB GP, designated agent for the property owner, Clublink us Corporation and provide consistency with the Land Development Code in accordance with the intent of the comprehensive plan of the City of Tamarac; (Case No. 3-Z19); providing for amendment to the official zoning map to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. Items 5a and 5b were heard together. Moved by Commissioner Villalobos; seconded by Vice Mayor Bolton to adopt Ordinance T02403 on second reading. Motion Approved: 3-2. Voting For: Mayor Gomez, Commissioner Daniel, and Commissioner Villalobos. Voting Against: Vice Mayor Bolton and Commissioner Wright. 6. ORDINANCE(S) — FIRST READING — PUBLIC HEARING 6.a. T02488 - An Ordinance of the City Commission of the City of Tamarac, Florida, providing notice of intent to approve a development agreement between Woodlands Club Holdings, LLLP and the City of Tamarac, for the development of a maximum of 335 single family dwelling units, not to exceed 30 ft. In height, located within residential pods, developed at a maximum density of 2.4 dwelling units per gross acre; a new clubhouse and amenity campus, not to exceed 60 ft. In height, located within the recreation pod; and accessory commercial uses incidental to the single family dwelling units; and a minimum of 160 acres of open space, for the development of property known as "The Woodlands" bounded by West Commercial Boulevard to the North, Rock Island Road to the East, NW 64 Avenue to the West, and NW 44 Street to the South; as more fully described in the development agreement attached hereto as Exhibit "A"; authorizing the appropriate City Officials to do all things necessary to effectuate the intent of this ordinance; providing for conflicts; providing for severability; and providing for an effective date. Minutes March 22, 2023 — Regular Commission Meeting Page 17 City Attorney Ottinot read the title for the record. Moved by Commissioner Villalobos; seconded by Vice Mayor Bolton to approve Ordinance T02488 on first reading. There were no presentations and no discussion on the item by the Commission. Motion Approved: 3-2. Voting For: Mayor Gomez, Commissioner Daniel, and Commissioner Villalobos. Voting Against: Vice Mayor Bolton and Commissioner Wright. Mayor Gomez asked for a proffer that the development agreement on second reading be presented with a Site Plan attached. Mr. Backman agreed. 7. REGULAR AGENDA 7.a. TR13911 - A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to execute a locally funded agreement between the State of Florida Department of Transportation (FDOT) and the City of Tamarac, attached hereto as Exhibit "1", and incorporated herein; to provide financial assistance in the amount of One Hundred Fourteen Thousand Nine Hundred Sixty Four Dollars and no cents ($114,964.00), in connection with FDOT's construction of an adaptive traffic signal control system and associated upgrades along SR870/Commercial Boulevard from Rock Island Road to SR5/US-1 in Broward County, Florida; project # FM NO.441944-1-52-01; funded in Fiscal Year 2023/2024; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Ottinot read the title for the record. Assistant City Manager Maxine Calloway explained the obligation for payment within the agreement was predicated on the development agreement in Item 6a be approved and asked that the item be tabled to the same agenda as the second reading of that agreement. Mayor Gomez stated the item was tabled until such time as the development agreement was before the Commission for second reading. 8. ORDINANCE(S) — SECOND READING 9. PUBLIC HEARING(S) 10. OTHER ADJOURNMENT There being nothing further to discuss, Mayor Gomez adjourned the meeting at 2:11 a.m. Minutes March 22, 2023 — Regular Commission Meeting Page 18 Minutes transcribed by Crysta Parkinson, Prototype, Inc. and submitted by Kimberly Dillon, City Clerk. Kimberly Dillon, CMC Michelle J. Gomez, Mayor Note to the reader: The above signature is the City Clerk, of the City of Tamarac, Florida. If the minutes you have received are not signed, or completed as indicated above, they are not the official minutes of the Regular City Commission Meeting held Wednesday, March 22, 2023. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. The City of Tamarac complies with the provisions of the Americans with Disabilities Act. If you are a disabled person requiring any accommodations or assistance, please notify the City Clerk's Office at (954) 597-3505 of such need at least 48 hours (2 days) in advance. Additionally, if you are hearing or speech impaired and need assistance, you may contact the Florida Relay Service by dialing 7-1-1. Affected Parties that registered For Harvey Quinton Patrick Sherlock 3) Gilles Boudreau )4 4) Robert A Wood X 5) Karen Wood 7 6) Tao Pan Cecilia Kleinrichert .�) Patricia Fox Armando Perez Against 1) Laurence Mellgram — ,2� Sandra Hill — sAJc� Ste- t ✓af Stanley Tracey 4) Gordan and Deborah Merritt Andy Felix & Witness, Robert Hartsell, ESQ. Jeffrey Shapiro / Sylvia Brenstein �7) Jose Spena ✓8) Christopher Hodgkins Monica Barros From: Kimberly Dillon Sent: Wednesday, March 22, 2023 9:26 PM To: Monica Barros Subject: Fwd: [EXTERNAL] Stop 13th Floor - Save The Woodlands! Print for me plz. Asap Get Outlook for iOS From: jsstoy@aol.com <jsstoy@aol.com> Sent: Sunday, March 12, 2023 10:50:40 AM To: Michelle J. Gomez <Michelle.Gomez(ptamarac.org>; Morey Wright Jr. <Morey.Wright@tamarac.org>; Marlon Bolton <Marlon.Bolton@tamarac.org>; Elvin Villalobos <Elvin.Villalobos@tamarac.org>; Kicia Daniel <Kicia.Daniel@tamarac.org>; Kimberly Dillon <Kimberly.Dillon @tamarac.org>; Maxine Calloway <Maxine.Calloway@tamarac.org>; info@savethewoodlands.org <info@savethewoodlands.org> Subject: [EX-1 ERNAL] Stop 13th Floor - Save The Woodlands! You don't often get email from jsstoy@aol.com. Learn why this is important This message has originated from an External Source. Please use proper judgment and caution when opening attachments; clicking links, or responding to this email. Dear Mayor and Commissioners, I'm writing to you in opposition of the current proposal submitted by 13th Floor to the City. Please VOTE NO on the 13th Floor proposal and save our community from destruction! My name is Jeffrey Shapiro and reside at 6104 Orchard Tree Lane with my 91-year-old mother, Sylvia Bronstein, in the Woodlands Community. The reasons for my house holds opposition are numerous: Here just a few of the major reasons: 1) There is Arsenic in the golf course soil, and redevelopment of the land will just release the arsenic into the air causing a major health hazard (causing Cancer and other major breathing health ailments) to the community and outside the community to Lauderhill residents. Arsenic has no smell, and is invisible in the air, and will be released with all the dirt and dust in the air form what the redevelopment of the golf course land will have. 2) Flooding - Broward County Code is that any redevelopment has to be at a much higher elevation that what the Woodlands Community was built at over 50 years ago. There will be also the loss of absorption from the golf course land which is has had and was designed for over 50 years ago. With the Woodlands golf course land being replaced by mainly asphalt and concrete the absorption is lost and science tells you that water only runs down -hill. This will result in major Flooding, expanding the waterways is not going to resolve this issue because of the amount of absorption content that will be lost is so much greater than what expanding of what the waterways will be is not enough, and will not offset the amount of absorption lost from the Woodlands golf course land. With the new elevation higher and loss of moisture content, the Flooding risks become much greater than what they are today. 3) Household Sewer System - The original sewer system pipes were all relined on the inside of the pipes narrowing the diameter of the original piping throughout the Woodlands Community to the residence of the Woodlands. This lowered the capacity inside the pipes. As of 3 years ago, the sewer system for the Woodlands Community is operating at full capacity. Development of additional home sites would have to be tied in and connected to our existing sewer system, but there is no room for all the additional waste in the sewer system pipes because it is already operating at full capacity. If this is done, we wilt ,have exploding sewer pipes just like what had happened 2 years ago in downtown Ft. Lauderdale off of Las Sol Las Blvd` to the residence there. This can also cause sewage to backup into our homes. This is a potential health hazard. 4) Traffic - Commerical Blvd. is already an 'F" rating by FDOT (Florida Department of Transportation). The traffic currently in the mornings backs up going Eastbound to White Oak Lane on Commerical Blvd from US 441 (which is also known as State Road 7). The back up is so bad it becomes a very slow -moving parking lot. It is this way currently for hours, and I just experienced it again on March 10, 2023. FDOT had stated in a report that the traffic would have to be improved "prior to" approving any additional new development inside the Woodlands Community, from US 441 to NW 64th Avenue for both East -bound and West -bound traffic. This has not been done. The current rating is still an "F". 5) Entering and Exiting the Woodlands Community - Currently, and the way the Woodlands Community was designed aver 50 years ago has 6 Entrance's and 6 Exit's. The development plan calls for there only being one main entrance at the intersection Woodlands Blvd and Commerical Blvd with a smaller entrance on Rock Island Road. Exiting the Woodlands Community there would be the main entrance and only 3 other exit places. This will divert much more traffic to exit the Woodlands Community and the intersection of Woodlands Blvd & Commerical Blvd, putting much more traffic on to Commerical Blvd than currently. This will also directly impact response time of Fire Rescue putting life and health at risk, especially if it is a life -or -death situation at the time. This is a horrible plan for the Woodlands Community and the homeowners. This is just some of my reasons to oppose the Woodlands Country Club project, Case No. Petition 1-LUA19: Large -Scale Land Use Plan Amendment and Case No. Petition 3-Z-19: Rezoning along with Case Petition Development. Sincerely, Jeffrey Shapiro (954) 873-4425.