HomeMy WebLinkAbout1992-01-21 - City Commission Workshop Meeting MinutesCITY OF TAMARAC �c
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7525 Northwest 88 Avenue �ZR`QP Phone (305) 722-5900
Tamarac, Florida 33321-2401 Fax (305) 722-4509
January 20, 1992
NOTICE OF WORKSHOP MEETING
CITY COUNCIL OF TAMARAC, FLORIDA
There will be a Workshop Meeting of the City Council on Tuesday,
January 21, 1992, at 9:30 a.m. in the Conference Room #1, Tamarac
City Hall, 7525 N.W. 88 Avenue, Tamarac, Florida.
This meeting is a continuation from January 20, 1992 to discuss
all pending Ordinances and Resolutions.
The City Council may consider such other business as may come
before it.
In the event this agenda must be revised, such revised copies will
be available to the public at the City Council meeting.
Pursuant to Chapter 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
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.
Carol A. Evans
City Clerk
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THE CITY OF TAMARAC IS AN EQUAL. OPPORTUNITY EMPLOYER AND DOES NOT DI SCRIMINATE ON THE BASIS OF HANDICAPPED STATUS
City Council Workshop Meeting
1/21/92/KJ
Page 1
CITY OF TAMARAC
CITY COUNCIL WORKSHOP MEETING
TUESDAY, JANUARY 21, 1992
CALL TO ORDER: Mayor Abramowitz RECONVENED this meeting on
Tuesday, January 21, 1992, at 9:30 a.m. in Conference Room #1 of
Tamarac City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida from
the Workshop meeting of January 20, 1992.
Mayor Norman Abramowitz
Vice Mayor Dr. H. Larry Bender
Councilwoman Diane Glasser
Councilman Henry Schumann
Councilman Irving Katz
ALSO PRESENT
Dina McDermott, Assistant City Manager
Kelly Carpenter, Director of Community Development
Carol A. Evans, City Clerk
Karen Jackson, Secretary
Mayor Abramowitz said this meeting is a continuation from January
20, 1992 to discuss all pending Ordinances and Resolutions.
Mayor Abramowitz read the memo dated January 3, 1992 from Kelly
Carpenter, Director of Community Development to City Manager
Kelly. (See Attachment 1)
1. Amendments to Chapter 24 of the Code. These amendments
include major revisions to the master business list,
consolidation of the commercial districts, the addition of a
residential and a non-residential PUD and revisions to
parking requirements.
Ms. Carpenter said the Planning Commission has met to review these
proposed amendments and is scheduled to meet again for additional
review.
Ms. Carpenter said when Chapter 163 of the Florida Statute
amendments were passed in 1985, the Staff of the Department of
Community Affairs set out to develop a rule that would implement
the State Law, which is Rule 9J5. She said part of 9J5 requires
that local governments prepare a Land Development Code. She said
Tamarac already had most of the required land development
regulations on the books.
Ms. Carpenter said the City is required to regulate the
development of land and water, signage, protection of the
environment and other such activities. She said the State
invisions the Land Development Code as one document.
Ms. Carpenter said Tamarac updated its Sign Ordinance in 1989;
therefore, no attempt has been made to review it. She said the
Comprehensive Plan requires the City to review approximately 80
items. She said the need for some of these items to be corrected
is known.
Ms. Carpenter said the City has hired a consultant with the State
Grant money received who is almost finished with his work.
Ms. Carpenter said the City's master business list has been in
place since 1969 with revisions throughout. She used an example of
printers and the provisions of the Code involving printers. She
said there are many portions of the Code that are old and no
City Council Workshop Meeting
1/21/92/KJ
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longer meet the needs of modernization; therefore, Staff needs to
utilize interpretations of the Code.
Ms. Carpenter said Staff has prepared a list of general permitted
uses and then refers to an appendix which gives a detailed list of
uses. She said there is an attempt to make this list and the list
of the Occupational License Department uses similar to avoid mixed
interpretations.
Ms. Carpenter said Staff incorporated a proposal to combine the
business districts. She explained the differences between these
zoning categories and the proposed changes.
Mayor Abramowitz asked if this presentation is going to include
residential building and Ms. Carpenter said, yes.
Mayor Abramowitz said there are many things in the Code which
discourage people from coming into the City of Tamarac. Discussion
was held regarding these situations.
C/M Katz referred to occupational licensing and permitting.
Discussion was held regarding the various procedures and
limitations.
V/M Bender asked if there is a State or Federal standard set for
the various zoning designations and Ms. Carpenter said, no, but
there are state of the art definitions that are used within the
planning community.
V/M Bender asked how good Tamarac is in setting the City's
standards as compared to the State or National standards and will
they hold up in the future.
Ms. Carpenter said there are no National standards for zoning
categories or signage. She said there are model ordinances that
have been prepared by various agencies.
Ms. Carpenter said Tamarac's ordinance has not been amended since
1969 and the City does not have a PUD ordinance.
C/W Glasser asked if Ms. Carpenter wants to combine B-1, B-2 and
B-3 and Ms. Carpenter said she wants to combine B-3 into B-2 and
eliminate B-3.
Mayor Abramowitz said Staff is required to comply with the Code
and make their recommendations accordingly.
C/M Katz said there was a Community Development meeting held and
the consensus regarding a special exception for a restaurant was
why it had to come back before Council for approval. Mayor
Abramowitz said bringing it back before Council is due to
offensive odors and other such reasons. Further discussion was
held regarding this.
Mayor Abramowitz requested information be given regarding PUD.
Ms. Carpenter said the restrictions being addressed are those of
procedure and not of substance in the Code. She said developers do
not complain about setbacks being too stringent or other such
situations but the problem is that the City's engineering fees are
a little high and the procedures are antiquated. She said some of
the things that she will mention will remove government from the
Council and place it in the hands of the technician.
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City Council Workshop Meeting
1/21/92/KJ
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2. Amendments to Chapter 10 of the Code. These amendments
include major revisions to procedures for site plan approval.
Ms. Carpenter said for site plan amendments, when someone comes in
and they are not single-family and they want to add a fence to
their property, they must request a site plan review from the
City, for which there is a lead time of two weeks. She said once
this has been reviewed, an application for a building permit can
be submitted. She said Staff has recommended that when pools,
fences and patios are requested, these types of amendments be done
in the Building Department where there would be a place for the
sign -off by the Building Department, Community Development and
Engineering, in order to continue the processing of the permit.
3. Amendments to Chapter 21 of the Code. These amendments
include major revisions to procedures for plat approval. May
include amendments to the definition of subdivision.
Ms. Carpenter said another type of amendment would be where minor
square footage is being added and other minor changes to be done
at Staff level in order not to hold the applicant up for six weeks
for the process to be completed.
C/M Katz said the determination as to what is major and what is
minor is the problem. He said minor situations can remain in
Community Development and major situations must go through the
Planning Commission process. He said this needs to be clearly
defined. Discussion was held regarding the difference between
major and minor projects.
Ms. Carpenter said the definitions are as follows: minor -additions
to awnings, canopies, ornamental structures, redesign in different
locations, pools, parking spaces, drives and driveways,
modifications to stairs or elevations, decks, porches, terraces
and fencing or similar types of improvements and addition to
parking spaces not to exceed 25% of the total or 20 new spaces,
whichever is less, addition to the existing buildings which do not
increase the floor area more than 10%, construction of new
structures having less than 5,000 square feet of floor area and
their related site improvements and any of the above conditions
that constitute a change or amendment to a previously approved
site plan.
Ms. Carpenter said if any of these minor amendments are so
controversial, then it should be subjected to the more public
process. She said the Director will have the right to send them
through the process if necessary.
Ms. Carpenter said the Planning Commission has not yet discussed
this proposal other than in concept and will be discussing it on
Thursday, January 23, 1992, at which time, they will probably take
an extremely conservative position regarding this.
Ms. Carpenter said she is trying to distinguish between changes in
procedures and fees versus the substantive changes in the Code.
She said developers are upset with the amount of time it takes to
process applications and the fees charged for the processing. She
said the City's engineering fees are a little higher than
neighboring cities and the planning fees are equal. She said at
the end of this review, the City may not want to change or amend
anything.
C/M Katz said developers are not upset with the requirements but
the procedures involved.
TAPE 2
Ms. Carpenter said after the Planning Commission holds their
workshop on this it will be ready to bring to Council.
City Council Workshop Meeting
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Page 4
Ms. McDermott requested that Council note their comments and
changes and return them to Ms. Carpenter.
Mayor Abramowitz requested an explanation of the PUD.
Ms. Carpenter said Task 5 is the discussion on street widths.
Ms. Carpenter said PUD means Planned Unit Development and is a
concept in zoning that has been in existence for 30 years. She
said it means that when someone wants to put in a residential use,
which does not meet any zoning category on the books, the
applicant would apply for a rezoning to PUD. She said at the same
time this has been applied for, the equivalent of a site plan is
submitted to the City with the equivalent of a set of zoning
regulations for their project which will govern their project from
that point on. She said the rest of the Zoning Code would not
apply to them.
Ms. Carpenter said Tamarac has some strange residential districts;
therefore, this is important. She said Tamarac has the inability
to do the small single-family lot development that exists in
Plantation.
Ms. Carpenter said PUD will allow for minimum setbacks of 25 feet
from any arterial street, minimum widths of street, proposals up
to four stories or any other proposals that the developer feels
the market will bear at that time. She said this would first be
submitted to Staff, who would do the negotiating, then it would go
before the Planning Commission and finally, the City Council. She
used the example of Bon Aire.
Ms. Carpenter said there is also a non-residential PUD which
allows the developer to make a proposal about all of the
regulations and ties his or her'zoning to a site plan.
C/M Katz said the problem with this is that there no longer is a
zoning and a Code. He said this allows for the developer to
negotiate with the City the zoning and the changes in the Code,
specifically so that he can have a viable project.
Mayor Abramowitz said a special exception and a PUD amendment must
come before Council for final approval. Discussion was held
regarding this.
Ms. Carpenter said in the State of Florida, municipalities do not
give variances to the envelope requirements of the Zoning Code, in
other than a Board of Adjustment setting. She said special
exceptions in Florida are clearly reserved for use
interpretations, not envelope interpretations. She said in a case
where a builder needs a change in setback, in height or in street
width, this involves either a text amendment, a variance that goes
to the Board of Adjustment or a PUD, which Tamarac does not
currently have. She said special exceptions involve uses and are
granted for restaurants, laundromats or other things that may be
offensive or traffic generating. Further descriptions were
discussed.
Ms. Carpenter said it is very difficult for a developer to prove a
hardship.
Mayor Abramowitz said the PUD will be a very controversial subject
in Tamarac and Ms. Carpenter said the Motion for PUD in Tamarac
died in 1984.
V/M Bender said there are many shopping centers in the City that
have vacant stores and the City needs to do something to entice
the builder to get these stores filled. He asked how much land
Tamarac has left and how much time there is before Tamarac reaches
build out. He said priorities need to be established.
City Council Workshop Meeting
1/21/92/KJ
Page 5
Ms. Carpenter said she does not want to mislead Council into
thinking that the substantive changes to the Zoning Code are going
to make these vacant shopping centers fill up. She said every Code
has glitches which cause problems for various situations. She said
the changes to the Code will cost the City $1,000 each every time
they are advertised. Discussion was held regarding various
situations.
Mayor Abramowitz asked when Council can hold workshops to discuss
these situations and Ms. Carpenter recommended that the Planning
Commission hold their workshop prior to Council in order to hear
their recommendations. She said there is a possibility that this
will go on the Planning Commission agenda for February for public
hearings, which would place this in March or April for Council.
Ms. Carpenter said there is a major proposal to change the parking
waiver procedure. She said this is set up the same as a variance
procedure. She said Staff proposes that the parking waivers go
through the Board of Adjustment instead of going before Council.
Mayor Abramowitz said he would object to this going to the Board
of Adjustment; however, he would withdraw his objections if it
were to go through Staff. He said Council has the overall view and
Staff generally has the acquiescence of Council.
C/M Katz said there are different aspects of parking. He said he
does not have a problem with this going to a variance.
Mayor Abramowitz said he feels Staff has more communication with
Council than the Planning Commission or the Board of Adjustment.
Ms. Carpenter said the Law is going to tell the City that it needs
to set forth very detailed criteria when allowing Staff to make
these types of decisions, unless holding it to Council or the
Board of Adjustment. She said Staff would not want to have these
types of responsibilities without strict criteria.
Ms. Carpenter said amendments to the platting provisions need to
be considered. Discussion and examples were given regarding this.
She said the Engineering Department is reviewing this.
4. Amendments to Chapter 11 of the Code. This is a major rewrite
of the entire landscape ordinance to incorporate xeriscape
principles and to bring it up to date.
Ms. Carpenter said Council set forth pruning standards for the
City, which will be in place in March, 1992. She said Chapter 11
of the Code is on the installation end of this and requires a
xeriscape principle that will look closely at the conflict between
landscaping and utility poles and other such lines. She said it
will be more specific as to where things can be placed and what
kind of things can be placed.
C/M Katz said he would like to see the restoration of a
Beautification Committee.
Mayor Abramowitz asked what a Beautification Committee would give
to the process.
Ms. McDermott said Council recently established an Urban Forestry
Committee which will be responsible for a lot of detailed
information. She said there have been two Staff members and two
residents appointed to this Committee.
C/W Glasser asked if the Urban Forestry Committee will be involved
with the landscaping of developments and Ms. McDermott said, no.
Ms. McDermott said they will not be reviewing plans from
developers.
City Council Workshop Meeting
1/21/92/KJ
Page 6
Ms. Carpenter said the plans are sent to the Planning Commission
and the review of them is treated the same as for water and sewer,
building height, setbacks, signage and other such technicalities.
Further discussion was held regarding this.
C/W Glasser asked if the previous Beautification Committee went
above and beyond the criteria and Ms. Carpenter said in the time
she has been with the City, it has always been under the Planning
Commission. Discussion was held regarding the history of this
process.
Ms. Carpenter said Staff makes zoning decisions in accordance with
a zoning map and a Land Use Plan. She said there is a set of
policies in existence which guides Staff in making zoning
decisions and there is nothing in comparison for landscaping. She
said the idea of the Urban Forestry Committee was to set forth a
master landscaping plan for the City. She said the Committee would
look at how the City treats its major arterials. She said the
standards would be adopted and Staff would look at these standards
and the Planning Commission would make recommendations to Council
accordingly.
C/W Glasser asked if consideration is given to the encompassing
area if there are homes or condos affronting these areas and Ms.
Carpenter said Staff would look at an individual development with
respect to the criteria that would be in the Code and are proposed
in Chapter 11.
Ms. Carpenter said if this is in respect to how the arterial
street relates to the condominium, it would be an issue for the
Urban Forestry Committee. Discussion was held regarding this.
C/W Glasser said her concerns are that in Tamarac, there was no
set plan in the development of the City as to what was going to be
commercial. She said she is trying to protect the residents as
well as bring commercial industry into the City.
Mayor Abramowitz said when Nob Hill Road was built, Broward County
removed the sidewalks along the canal and Broward County told the
City they were not going to clean it up; therefore, the City did
so. He said Broward County was also supposed to put beautification
along Nob Hill Road but did not do it. He said the City had to
access a one foot easement from the golf course in order to plant
landscaping. He said this is his objection to beautification.
C/W Glasser asked if there are restrictions in the main
entranceway to put up a menu board indicating what is in the
shopping center and Ms. Carpenter said a menu board is not
permitted within 50 feet of the property line; therefore, in most
cases, they are not allowed.
Mayor Abramowitz said the City has issued three variances. He said
Tamarac is trying to emulate Coral Springs which does not permit
menu boards.
C/W Glasser said she feels that part of the problem with people
not being successful in their business is due to the public not
knowing what is in the various shopping centers.
TAPE 3
Discussion was held regarding the berm in front of the Tamarac
Square West shopping center.
Ms. McDermott expressed her appreciation to Ms. Carpenter for
presenting these items on such short notice.
Ms. McDermott said Mr. Kelly received a fax from the Joint Group
of Cities regarding the contract for the recycling program for
single-family homes to expand to clear glass and aluminum and for
multi -family homes to begin recycling. She requested Council
review the fax and make their recommendations and comments to the
L
City Council Workshop Meeting
1/21/92/KJ
Page 7
City Manager's office regarding this. She said this document will
be taken back to the Joint Group on Monday, January 27, 1992 with
additional comments.
Mayor Abramowitz said the City of North Lauderdale is in
agreeance, Margate has problems but has indicated they are in.
Ms. McDermott said there is an option for plastics in the
contract. Further discussion was held regarding the recycling
efforts.
With no further business, Mayor Abramowitz ADJOURNED this meeting at
11:15 a.m.
CAROL A. EVANS
CITY CLERK
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MEMORANDUM
TAMARAC COMMUNITY
DEVELOPMENT DEPARTMENT
TO: John P. Kelly, City Manager
FROM: Kelly Carpenter, Director of Community Develo e
DATE: January 3, 1992
RE: Pending Ordinances
COPIES: Dina McDermott, Assistant City Manager
The Community Development offers the following list of pending ordinances.
This list is for your use in the workshop to be scheduled with the council to
discuss pending ordinances:
1. Amendments to Chapter 24 of the code. These amendments include
major revisions to the master business list, consolidation of the
commercial districts, the addition of a residential and a non-residential
PUD, and revisions to parking requirements.
2. Amendments to Chapter 10 of the code. These amendments include
major revisions to procedures for site plan approval.
3. Amendments to Chapter 21 of the code. These amendments include
major reivisons to procedures for plat approval. May include
amendments to the definition of subdivision.
4. Amendments to Chapter 11 of the code. This is a major rewrite of the
entire landscape ordinance to incorporate xeriscape principles and to
bring it up to date.
Chapters 10, 11, 20, 21, 24 and probably 5 and 8 should be put into one
Chapter entitled Land Development Code. We have scheduled a workshop
with the Planning Commission on these amendments for January 15, 1992.
I