Loading...
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