HomeMy WebLinkAbout1990-02-14 - City Commission Workshop Meeting Minutes2/14r90rpw
CITY OF TAMARAC
CITY COUNCIL WORKSHOP MEETING
WEDNESDAY, FEBRUARY 14, 1990
CALL TO ORDER: Mayor Abramowitz called this meeting to
Order on Wednesday, February 14, 1990 at 10 05 A M in the
Council Chambers
PRESENT
Mayor Norman Abramowitz
Councilman Bruce Hoffman
Councilman Henry Rohr
ABSENT AND -EXCUSED:
ALSO PRESENT:
Vase Mayor Dr H Larry Bender
(ENTERED AT 10 30 A M )
Councilman Jack Stelzer
John P Kelly, City Manager
Kelly Carpenter -Craft, Director of
Community Development
Pauline Walaszek, Special Services
Secretary
The purpose of this meeting is discussion regarding
Temp Ord #1471 relating to land development by providing a
list of chapters which together shall comprise the City's
Land Development Code and providing for standards and proce-
dures
Temp Ord #1471 is scheduled for public hearing and second
reading at the City Council regular meeting on Wednesday
February 14, 1990 at 7:30 P M
Kelly Carpenter --Craft, Director of Community Development,
said the first reading on this Ordinance was held on January
21, 1990 ; however, the City Council had concerns about the
Ordinance She said she and the City Manager felt that a
Workshop meeting would assist everyone in understanding the
Ordinance
Mrs Carpenter -Craft said yesterday there was a meeting held
with the development community to discuss the Ordinance She
said 5 people attended the meeting, which she felt was good
considering there was only one ma3or developer
Mrs Carpenter -Craft said there were no ma)or concerns
expressed at the meeting; however there could be concerns on
further reading of the Ordinance She said Chapter 163 3202
and the Rule which implemented Chapter 163, required the City
to adopt a unified Land Development Code
Mrs Carpenter --Craft said this meant that all of the
regulations concerning the development of land and water must
be put into one document She said the Ordinance would be
incorporating Chapters 5, 8 10 11, 18, 20 21 and 24 into
one Land Development Code She said by the end of 1990, they
anticipated publishing a document which had these Chapters in
one book for the developers
Mrs Carpenter -Craft said the Ordinance would set forth the
concurrency management system the consistency management
system and levels of servic standards Sh said sh would
describe Concurrency and Consistency in general terms and the
specifics of the Ordinance could be discussed She said the
questions the City Council had concerned the level of service
standards
Pane 1
2/14/90/pw
Mrs Carpenter -Craft said the concurrency management system
was required by the State Growth Manag m nt Act and this
r quired that services needed to sere development must be in
place at the tim the impact of the development occurred
She said concurrency management was a system of measuring the
level of capacity which was existing the level of develop-
ment which was existing, the level of d velopment which was
approved but not yet built to -date and it measured against
the level of service standards to determine whether or not
the services needed by a development were in place or could
reasonably be put in place at the time the development needed
them
Mrs Carpenter -Craft said if the services could not be putt in
place, the State law required the City Code to indicate that
a development permit may not be issued She said the
Ordinance was very specific in indicating the responsi-
bilities of the City and developer She said the responsi-
bilities stated what the City could set forth as a fee for
the concurrency review and she felt that a fee would be
needed because it was another expensive review
Mrs Carpenter -Craft said the Community Development and
Building Departments were keeping project time sheets W�hlch
indicated the cost for plats, site plans and zoning cases
She said when a fee was created the costs would be justified
C/M Hoffman asked if the infrastruture had to be in place or
provided for with money to put it in place
Mrs Carpenter -Craft said money would have to be provided to
place the infrastructure She said this had to be (done
contractually because the City could not accept the
developer's promise She said if the City listed the
development in its Capital Improvement Program and the
developer was to rely on it, the approved plat had to
indicate an affirmative finding in the staff report to leave
the money for the project in the City's Capital Budget for
that year
C/M Hoffman asked if the City could obtain funding from a
developer for a needed road before permission was given to
continue building
Mayor Abramowitz asked if a contractual agreement
between the developer and the City would cover C/M Ho'ffman's
concerns
Mrs Carpenter -Craft said the City had a traffic impact fee
Ordinance in existence which was enforced during the site
plan process She said if there were local roads that needed
to be improved by the developer for their project, the
traffic impact fee Ordinance required the fees to be paid at
the time of site plan approval She said the developer could
not be given a building permit without a review on this
matter
C/M Hoffman said he was using roads as an examples however,
this matter could pertain to anything needed such as water
and sewer He asked if the City could tax the developer to
install the needed infrastructures
Mrs Carpenter -Craft said the existing Code required that the
developer pay for the improvements through the water and
sewer traffic impact, park and drainage fees etc She said
the City required these fees up front or the funding was
already established by the City She said the Ordinance
strenghtened the language in the Code and spelled out how all
of the measurements would be made as well as who was respon-
sible
C/M Hoffman said the City was informed that in order to
permit development, the Cities had to tax themselves angt7er
$ 01 however, this was not factual because the Cities Mould
ask the developers to provide the funding
1
1
Page 2
C1
F-I
L]
2/14/90/pw
Mrs Carpenter -Craft said this was not how she reviewed this
matter She said other Cities were not as lucky as Tamarac
because Tamarac has foreseen the need to require impact fe s
for most of its major services
Mayor Abramowitz said Mrs Carpenter -Craft indicated that the
City "may" not issue building permits He asked if this
should be "may not" or "cannot" and Mrs Carpenter -Craft said
it should be "shall not"
Mayor Abramowitz asked why "shall not" as opposed to "cannot"
and Mrs Carpenter -Craft said "shall" and "can" would be the
same however, "may" would be permissive
Mrs Carpenter -Craft said the City was not permitted and
Mayor Abramowitz asked if a developer could get permission
for change at any given time
Mrs Carpenter -Craft said the Ordinance provided that if at
any point in the future the data changed and the developer
could prove that the services were in place, etc , a request
to continue the application could be made by the developer
Mayor Abramowitz said this was fair; however, he did not like
ambiguous statements because the statements were a subject of
interpretation and an opening to the Courts
C/M Rohr asked what occurred if the City provided funding for
the infrastructure He asked if the developer would be
asked to pay his share of the costs
Mrs Carpenter -Craft said she would have to review the
subdivision improvement requirements in the existing Code
before she could answer this concern She said the language
in the Ordinance did not address C/M Rohr's question;
however, she believed that the developer was assessed the
fees whether or not the services were in place She said she
did not know how the fees were handled if drainage was in
place She said this matter had to be handled carefully
because fees could be charged to cover new impact on the
system
C/M Rohr said he felt that any new development would impact
the existing infrastruture He said the City did not collect
impact fees for Fire and Police services and he asked if
staff considered a fee for the Concurrency Review because
more services would have to be provided
C/M Hoffman said he asked staff several months ago to review
an impact fee for Fire service He said the more people and
development, more services would be needed
Mrs Carpenter -Craft said the impact fees could only be used
for hardware and not people She said capital needs could be
built
Mrs Carpenter -Craft said the Consistency System of the
Ordinance provided that the City Planner produce all of the
reports concerning Land Development Regulations, Building
Permits, Demolition Permits, Certificates of occupancy, etc
She said these reports were to be maintained as part of the
City's data base to determine what the capabilities and
current status was in development She said most of the
information was already provided by the Building or Community
Development Departments; however, a system of reporting to
the public would have to be created
Mrs Carpenter -Craft said a system for each Department to
review permit applications for consistency with the policies
of th Comprehensive Plan had to be established She said
the staff presently reported that the applications were
consistent with the City and Broward County Land Use Plans=
however, the review had to b broadened to include a
consistency review for every element in the Comprehensive
Plan She said staff would copy all of the policies from the
Comprehensive Plan and develop a check list based on the
Page 3
2/14/90/pw
policies for each Department to use during their review She
said staff suggested that Public Works Police and Fire be
included in the Site Plan Committe
Mayor Abramowitz said the City would be spending more time,
money and manpower for this review and he asked if there was
thought given to creating a fee for the costs to compensate
for the expenses
Mrs Carpenter -Craft said there would be Concurrency and
Consistency Review Fees established by the City She Said
the Ordinance provided that the City could establish these
fees She said the language in the Ordinance was consisi�ent
with the language used by other Cities
Mrs Carpenter -Craft said there were several concerns
regarding Pages 4 and 5 of Ordinance She said the levels of
service were the standards that the City Council adopted when
the Comprehensive Plan was approved She said the standards
were placed into the Ordinance because they were required to
be in both places She said the concerns pertained to Open
Space/Recreation standards
Mrs Carpenter -Craft said the previous document dated Jan'ary
18, 1990 indicated, "Public Recreation Standards", which was
an error She said this should state, "Recreation
Standards", which meant there would be a combination of
public and private recreation areas to meet the standards
Mrs Carpenter -Craft said the City needed or exceeded in a
mix of public and private all of the recreation standPards
listed in the Ordinance She said Open Space and Recreation
site standards were complex and staff discussed this in great
detail with Lennar Homes, Inc , who would be mostly affected
by the change
Mrs Carpenter -Craft said the Broward County Land Use Plan
required that the City have available at least 3 acres per
1,000 population of open space She said private open space
was permitted providing it was zoned and deed restricted for
open space uses She said the public open space in the City
required 1 3 acres per 1,000 population, which was consider-
ably less than the 3 acre per 1,000 population in the County
however the City had 3 5 acres per 1,000 population of
private recreation already existing in the City
Mrs Carpenter --Craft said the standard did not state 3 acrles
per 1,000 population but 1 3 acres per 1,000 population of
public and 3 5 acres per 1,000 of private She said 3 5
acres per 1,000 was already provided on average by the
individual developments in the City and she did not believe
this would present a hardship She said Lennar Homes, Ipc ,
was reviewing the information however, they were not alarmed
with the change
Mrs Carpenter -Craft said this was important because it would
affect the park and recreation impact fees as specified in
the Code She said developers were being charged fees bused
on 3 acres of public land per 1 000 population depending Upon
the zoning She said this would have to be changed to
reflect this standard She said if the public requirement
was set above 1 3 acres per 1,000 population the City was in
the position to buy and develop park space for the existing
residents up to the set standard
At 1000 A M , V/M Bender ENTERED the meeting
C/M Hoffman said the Ordinance indicated 1 tennis court per
2,000 population was required He said if the facility was
private , it would not be a value to the population if the
tennis courts could not be used at one time
Mrs Carpenter -Craft said an open space planner strugg_ed
with this issue and C/M Hoffman said if the open space was
not open to the public, it really did not exist for the
ma3ority of the people
Page 4
2/14/90/pw
11
Mrs Carpenter -Craft said the City Council had to make a
decision to provide standards for facilities that applied
only to public facilities She said it could be argued that
cr dit should not be given for private open space facilities
if the facilities were not open to th public however the
State and County allowed Cities to do this providing the
facilities were deed restricted and zoned for open space
C/M Rohr asked if the open space/recreation zoning was
created to restrict the density of residences He said the
County wanted enough open land to avoid a cluster and build -
out in the Cities
Mrs Carpenter -Craft said the provision was created to
conserve lands that could be recreated on She said
nationally, there were 10 acres per 1,000 population as a
reasonable standard She said the park and recreation
standards in Florida were very low
Mayor Abramowitz said the Cities were being asked to purchase
approximately 70 acres of land= however, the finances were
not available to purchase or maintain the land
Mayor Abramowitz said he was pleased with the Ordinance and
glad that this Workshop meeting was held
Mayor Abramowitz said Page 2 stated "The action of the City
Council in rendering an interpretation shall be an admini-
strative rather than a legislative action" He asked if this
was legal and he asked Mrs Carpenter -Craft to review this
matter with the Land Development Code Consultant and City
Attorney
Mayor Abramowitz announced that this Ordinance would be
discussed during the City Council Regular meeting to be held
at 7 00 P M tonight
C/M Rohr had concerns regarding a recent newspaper article
about the lavatory facility at Tamarac Park and Mayor
Abramowitz said this matter would be discussed during the
City Council meeting
Mayor Abramowitz said the City was asked to present a
proclamation to the Tamarac Athletic Federation (TAP) for the
initiation of the teeball season He said a proclamation
would be presented to TAF on Saturday, February 17, 1990
With no further business, Mayor Abramowitz ADJOURNED this
meeting at 11:45 A M
CA6_4 �17�ANS CITY CLERK
"This document was promulgated at a cost of $47 25 or $9 45
per copy to inform the general public, public officers and
employees of recent opinions and considerations of the City
Council of the City of Tamarac "
Page 5