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HomeMy WebLinkAbout1988-04-07 - City Commission Workshop Meeting Minutes0�: TAMARAC 5811 NORTHWEST 88TH AVENUE FLORIDA 33321 TELEPHONE (305) 722-5900 ORk MAIL REPLY TO P.O. BOX 25010 TAMARAC, F LORI DA 33320 March 29, 1988 NOTICE CITY COUNCIL WORKSHOP MEETING Please be advised that there will be a Workshop Meeting of the City Council on Thursday, April 7, 1988 at 10:00 a.m. in the Council Chambers at City Hall, 5811 N.W. 88th Avenue, Tamarac, Florida. The subject of this meeting is Planning/Growth Management. Patricia Marcurio Acting City Clerk The public is invited to attend. PM/nr AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS CITY OF TAMARAC CITY COUNCIL WORKSHOP MEETING THURSDAY, APRIL 7, 1988 TAPE 1 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Thursday, April.7, 1988 MEDITATION AND PLEDGE at 10:00 A.M. in the OF ALLEGIANCE: Mayor Council Chambers. Abramowitz for Pledges -Allegiance followed by a Moment of called Silent Meditation. PRESENT: Mayor Norman Abramowitz Councilman Herman "Larry" Bender Councilman Bruce Hoffman Councilman Henry Rohr ABSENT AND EXCUSED: Vice Mayor Jack Stelzer ALSO PRESENT: John P. Kelly, City Manager Richard Doody, City Attorney Pauline Walaszek, Special Services Secretary 1. Introduction - Growth Management Act. Rule 9J5. 2. Introduction - State Statute, Chapter 163 (Comprehensive Planning Re uirement). Thelma Brown -Porter, City Planner, announced that two agents were present from the South Florida Regional Planning Council. She said Mr. Osterholt would be speaking about the Growth Management Act (Rule 9J5). Jack Osterholt, Executive Director of the South Florida Regional Planning Council, said Carolyn Dekle, Assistant Director of the South Florida Regional Planning Council, would be speaking to the City Council as well, regarding the background on the Growth Management Legislation, which was passed in 1985 and, the Administrative Rule that guides the legislation. He said Ms. Dekle would discuss the details of Rule 9J5. Mr. Osterholt said he spent 4 years with the South Florida Regional Planning Council before joining Governor Graham's staff in 1979. He said his first assignment was to draft a linkage between the planning process and the public policy process which existed in various forms. He said issues were studied for a long time because Florida is the fastest growing State in the Country. He said it was important to talk about public policy in a meaningful way and involve it with the State budget. Mr. Osterholt said he was the State's Deputy Budget Director before he came back to South Florida and, at that time, he became aware that the importance of the process pertained to funding improvements that impacted the quality of life for the people. Mr. Osterholt said the Growth Management process in Florida is structured around a State plan and is the only one of its type in the Country. He said the plan laid out broad precepts in Chapter 187 of the Florida r Page 1 Statutes. He said the precepts served as milestones to determine where the State needs to go. He said the plan talks about measurable goals and objectives in a variety of areas. Mr. Osterholt said the next set of requirements under the law were for each Regional Planning Council to draft a regional plan which pertained to the State Plan. He said this draft was completed in July, 1987 and adopted as the South Florida Regional Planning Council's administrative rules. He said these rules would serve as the basis for the Regional Council's actions; however, it is not a plan for the South Florida Regional Planning Council but for the South Florida Region. He said the State Plan and the Regional Plan were closely linked structurally because they are derived through one piece of legislation, which is Chapter 186 of the Florida Statutes. Mr. Osterholt said the next level of activities are the local plans which were done more traditionally by a land development process and are found under Chapter 163 of the Florida Statutes. He said these plans relate to environmental land management and growth management types of issues and the Regional plan acts as the translator between the two processes. He said the local planning process was broadened in 1985 when the local plan development was redrafted to the State level. He said each local government was mandated to develop a local plan that had seven elements in it and to adopt a set of land development regulations twelve months after the submission of the local plan to the State for review. Mr. Osterholt said the plan should become a decision document for the local governments in improving the quality of their decisions. He said if the plan is only a compliance to the State, it would not be a good decision. He said the purpose of the plan is to get the collective thinking of the local governments' professional staff to determine what the Cities should be over the life of the plan. He said the capital improvements, land development regulations and the Intergovernmental Coordination Element.of the plan should implement the local governments' public policies. Mr. Osterholt said there were two important elements of the local plans, which are the Intergovernmental Coordination Element and the Capital Improvements Element. He said the Capital Improvements Element is the most important change in the process because of the spending program needed to achieve the changes. He said this program has never been achieved in the country at the level it is being done in Florida. He said the budget is used as the implementing process for the Local Government Comprehensive Plan. Mr. Osterholt said the Land Development Regulations are not a revolutionary thought in South Florida even though the plan mandates it. He said the process of revising the Land Development Regulations to the new planning requirements will bring new issues forward. He said the Land Development Regulations will become an important matter to Tamarac within the next 12 to 14 months. Mr. Osterholt said the Intergovernmental Coordination Element is written as the rest of the plan is being copied. He said this plan is used for the extra -territorial impacts of actions that are taken by the Cities. He said this plan is the least formed Page 2 1 1 document which will be issued and the sample plans drafted for this plan have not corrected these matters. He said this plan provides the City Council an opportunity to discuss how they will coordinate with the County, Water Management District, Regional Planning Council, Community Affairs and Department of Transportation. He said he would like Carolyn Dekle to discuss the Elements which will be required in the plan. 3. Cit�r of Tamarac Comprehensive Plan: Goal And objectives: 1. Conservation 2. Intergovernmental Coordination 3. Population Projection 4. Recreation & Open Space 4. Data and Analysis: 1. Conservation of Resources 2. Intergovernmental Coordination 3. Housing Element 4. Open Space/Recreation 5. Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Groundwater Aquifer Recharge 6. Traffic Circulation 5. Comprehensive Problems 1. Land Use Element 2. Capital Improvement Element Carolyn Dekle, Assistant Director of the South Florida Regional Planning Council, said she would like to discuss the Elements in Rule 9J5 and the opportunities that the Rule provides to the local governments. She said the Future Land Use Element is where the planning element begins. She said this Element talks about where the City is in terms of Land Use and where the City wants to be in the future. She said this Element is important in respect that the rest of the City's activities will have to be consistent with the Element. She said these activities are interrelated. Ms. Dekle said the Traffic Element will be where the City discusses current inventory as well as the Intergovernmental issues of how the City's transportation resource link with those that are regional, State and in some cases, Federal. She said this Element will have to be consistent with the City's future Land Use priorities. Ms. Dekle said the general sanitary sewer, solid waste, drainage, potable water, etc., is where the City will discuss the other traditional infrastructure demands that the City has capacity for now and the future. She said as the City begins to establish levels of service, they will begin to discuss all of the capacity issues included in the Conservation Element. Ms. Dekle said the Recreation Open Spaced Element pertains to the City's comprehensive system of recreational opportunities and is one of the Elements where the City is required to establish a level of service. She said the Capital Improvement Element will have a big part of this Element. I Page 3 ) Ms. Dekle said the Housing Element reflects what is in the City's existing inventory as well as the provisions for the future. She said this Element is linked to the City's Future Land Use Element. Ms. Dekle said the Coastal Element is not required for Tamarac; therefore, this element would not be needed for the City's plan. She said the Intergovernmental Coordination Element is prescribed by Rule 9J5 and there has not been direction given for this Element. She said this Element is an opportunity for the City as a community within a County that has a sophisticated planning operation which has an impact on other communities. Ms. Dekle said the City may have optional elements if they choose and the descriptions are listed in Florida Statute 163. She said the consistency issue discussed in Rule 9J5 requires the City to be compatible with the State Plan and the Regional Policy Plan. She said Regional Policy Plan is clear and general enough that the consistency concept will not be difficult for the City during the development of the Plan. Ms. Dekle said Rule 9J5 provided two opportunities for objectives and goals of the City. She said the front and back of Rule 9J5 pertained to two important provisions that tell the City how they respond within the contents and nature of the size of their community, within the constraints of their governmental structure as well as the services being provided by the City and outside communities. Ms. Dekle said the City staff and City Council are welcome to attend a Pre -Submission Workshop Conference on May 5, 1988, which will deal with issues that the Cities have and allow discussion for those concerns. She said the South Florida Regional Planning Council is available to assist the City in any matters they are not familiar with. Mr. Osterholt said there is a lot of concern regarding concurrency. He said the Statutes have been interpreted to state that development permits could not be issued unless there is a capacity available at the time when the development order is to be done. He said he has spent enough time in the Legislature to avoid saying that is the intent of the Legislature; however, it is not the intent of the Legislature that this be the law. He said there are 4 to 5 options available for the local governments to meet the test of concurrency. He said these options have been discussed with the Department of Community Affairs, who have adopted most of these options. He said these adoptions have been codified in a letter from the Secretary of Community Affairs to Senator Gwen Margolis and he Would provide the City's staff with a copy of this letter. He said these options officially notice local government regarding the issuance of development orders and land development regulations. Mr. Osterholt said the moratorium discussions are an irresponsible approach to Growth Management. He said the law was enacted to avoid matters pertaining to a moratorium. He said if a moratorium is being implemented than the concept of future public policy is being misused. Page 4 Mayor Abramowitz asked if this matter is being corrected in the Legislature and Mr. Osterholt said there has been discussion regarding this matter in which he has been an advocate. He said there is enough flexibility in the State Statutes for these matters and the Department of Community Affairs, who will be the viewing agency in this process, has stated how they will view it. He said the parties in this process will test the legalities and right of the Plans once the Plans are completed. He said the Department of Community Affairs will help maintain the City's Plans providing they are in compliance with the State Law. He said if the City's can prove that their Plan complies reasonably with the State Law, there will not be problems. C/M Hoffman asked Mr. Osterholt to explain the concurrency and the alternatives of the law and Mr. Osterholt said one year after the Land Development Regulations are in place, the City has a facility operating below the level of service as specified in their plan, a development order cannot be issued that would add more traffic, etc., to the area until the area is brought up to an acceptable level of service as outlined in the Plan. He said this law states that it took 20 years to destroy the areas in South Florida, which will be fixed in the next 12 months and he said this did not make sense. Mr. Osterholt said he thinks the law states that the Cities have responsibilities to set a reasonable level of service to protect City, County and State resource systems. He said the Cities could use approaches in correcting the areas such as assuring that the areas will not become worse by issuing development orders. He said over the life of the Plan, the Cities will have to demonstrate how the areas are going to be brought to an acceptable level of service through a program. He said this program may have to be done through Intergovernmental Coordination because some of the improvements may have to be done to the City through the County. C/M Hoffman said a State Road, such as Interstate 95 (I-95), may be the cause of ceased development because of the possibility of not being able to correct the problems which occurred there. Mr. Osterholt said I-95 is presently operating below acceptable levels of service and, through the life of the County's Plan, I-95 will be improved to operate at acceptable levels of service. Mayor Abramowitz said he is not content with the fact that the South Florida Regional Planning Council will stand by the Cities plans even though they are not completely complying with the State Law. He said if the Courts decide that the Cities are wrong, South Florida Regional Planning Council will not be able to defend them as they claim they will. Mr. Osterholt said he is not an advocate of ignoring the law and he has spent the last 10 years bringing these laws into existence and he has been working diligently to enforce the law. He said an illogical law cannot be enforced and he does not believe that the law intends to bring the development of Florida to an end. Page 5 Mayor Abramowitz said he did not mean to imply that Mr. Osterholt is an advocate of the State Law; however, he did not want the City or City Planner put in a position that was not complying with the State Law. Mr. Osterholt said he apologizes if he gave the impression that he was encouraging the City to disregard any portion of the law. He said operations could not be based on the fact that nothing can be built until everything can be built. He said there will be Cities that will not be able to continue building; however, this law will not stop all of the Cities from building. He said this law does not change how business is conducted; however, fundamentally the law will change how business is being done. He said after this law goes into effect, public policy land use decisions will not be handled as they are presently. C/M Hoffman asked if a large track of land had to be planned and provided for before the developers can build on it or can the City give the developers the right to develop and collect impact fees for the creation of the infrastructure as the development is being done. Mr. Osterholt said the Department of Community Affairs is presently in between those procedures. He said the Department of Community Affairs has said that the Cities must have the ability to bring the developments on line prior to the impact of the proposed development occurring. He said the Cities can start the construction and complete the development providing the improvements are committed in a contractual relationship; however, the local governments should be getting commitments from the State regarding traffic improvement programs. He said the Cities will be able to build the facilities providing they can prove they are budgeted for Capital Improvements. C/M Hoffman asked if the communities in South Florida have been complying with this type of procedure for many years and Mr. Osterholt replied, yes. He said the State Statutes address all of Florida. C/M Hoffman asked how this law will affect the communities in South Florida since they are already doing the things that the new State Statute requires and Mr. Osterholt said the Cities will have to show compliance of the laws in their Capital Improvements Program. He said the Cities' plans will have to show the seven elements which Ms. Dekle described. He said the Cities' land development regulations will have to be amended to match the State's Plan and the Cities will be increasing their standings. Mr. Osterholt said how these changes will be affecting the local governments regarding their decisions is yet to be seen because he was not familiar enough with Tamarac's planning process to know how much it will have to change; however, Tamarac's staff will be greatly impacted by the changes. C/M Bender asked what budgetary elements or guidelines will be made available by the State for use by the Cities in order to raise funds to implement Rule 9J5. He asked if a list will be prepared for the Cities directing them to where the funds can be raised. Page 6 J 1 1 1 Mr. Osterholt said South Florida Regional Planning Council is constantly working with the Legislative Delegations and with the Governor's Office regarding how the Cities are to fund these new laws. He said much discussion is taking place regarding the State giving these local governments an increased funding capacity to meet the new laws. He said the State is finding these discussions difficult to come to grips with and the funding problems will not be resolved quickly. He encouraged the City Council to talk to the Legislature on two matters; one matter is that the Cities continue to get grants and funds from the State to handle the Land Development Regulations and the other matter is that the Cities be given a menu of approaches that the Cities can use to raise revenues on implementation. C/M Bender asked who handles the menus in Tallahassee and Mr. Osterholt said he could not recommend a name because the issue will be handled through the Legislative process this year. He said because of the Legislators of South Florida being in the House, South Florida is in a position to be heard and should raise their concerns with the House. C/M Rohr said it bothers him that the State has mandated items that the Cities have to concur with; however, the State has mandated these items without thinking about the money involved. He said these mandated items place the Cities in a position where finances are not available and these mandates are forcing the local Governments to raise the taxes of the citizens. He said if these mandates will accomplish goals as opposed to bringing the Cities back to the same position then he would understand the process. Mr. Osterholt agreed with C/M Rohr and he said that funding is an issue that needs to be explored further. C/M Rohr said he understands that the State wants to make Florida more beautiful; however, he does not understand why the State is beginning to involve the Cities with their small areas and concerns. Mayor Abramowitz said he had enough confidence in the City's staff to know that the City will try very hard to be smarter than the next person. He said the State is telling the Cities what has to be done, what they want done and which way to go; however, the State has not told the Cities how to do these things. He said the concurrence issue is a very hard matter to deal with because the Cities are confused. He thanked South Florida Regional Planning Council for the information they brought to the City Council. Mr. Osterholt said South Florida Regional Planning Council is available for the City's staff whenever needed. He said South Florida Regional Planning Council's major concern is in getting these new laws into effect. 8. Speakers on Development Impact. At this time, Mrs. Brown --Porter introduced Greg Darby, of Darby and Way, and she said Mr. Darby was asked to speak to the City Council regarding the last 20 years of development. She said Mr. Darby would be addressing past, future and existing problems in Tamarac. Page 7 Mr. Darby said he has been working with the City since 1978 and has seen the affects of growth management and the City's long range planning. He said growth management is trying to create a program which will handle State, County and local services. He said the previous plan was just a skeleton and, since then, more information and detail have been added. He said at this time, the State is adding the external covering of the plan. Mr. Darby said he has seen the changes which Tamarac has gone through by working with the City as a Consultant. He said his firm works with other Cities, the County and the State. He said he has seen the frustrations in getting projects approved with the Comprehensive Plan on the State level. He said funding is a big problem because the local governments are presently doing what they have to do to get by. He suggested that the City create a plan with more than just getting by. He said the City should concentrate on items that will benefit the City and, in knowing the City's staff, they will do that. He said the Cities need to show the State their needs for funding. He said Mr. Osterholt is very instrumental in trying to get more funding for the local governments. Mr. Darby said if the City creates a plan that will be of benefit in the future, the implementation process will be easier. He said Tamarac has had rapid growth with little time for planning. He said when the State implemented the rezoning plans, Cities were trying to comply with the plan; however, the process became costly and timely causing most Cities to cease further rezoning plans. Mr. Darby said various Cities' Building Departments requirements have been a great focal point for South Florida and Tamarac has changed their philosophy about growth in the City, which is a very good change. He suggested the City continue to move forward in a manner that will benefit the City as opposed to just complying with the State requirements. Mrs. Brown -Porter said Mr. Darby developed a program for various Cities and Tamarac is trying to copy this program. She said City staff has prepared the elements and information being presented without the assistance of outside consultants except for the review of the material. She said the City received a Grant for $58,000.00 and, if outside consultants would have done the work, it would have cost the City $56,000.00. Mrs.Brown-Porter said the City of Tamarac needed individual attention rather then sending work out to consultants because of Court Orders on Sections 4, 5 and 6 with the new development process presently in existence. She said Tamarac has had a Development Plan since 1976 which is fortunate because the State will be mandating this type of plan. She said George Platt will be explaining how difficult it is to comply with the programs because of Court Orders and how much impact the programs will have on the plans once the programs are approved by the State. George Platt, Attorney, said the City Council asked Mr.. Osterholt the correct questions regarding the growth management law; however, the answers are not as simple;as one may think. He said when he served on the Broward/ Page 8 / County Commission, Broward County was just beginning to implement a system of growth management. He said at the time, when the level of services were high, Broward County shut down the development and declared a moratorium. Mr. Platt said Broward County worked with the surrounding development agencies, City and County agencies to put into effect a system of growth management which became the Broward County Office of Planning. He said Broward County was given great credit by John DeGrove, Secretary of the Department of Community Affairs. He said Mr. DeGrove studied Broward County when the Growth Management Act of 1985 was being legislated and labelled Broward County as the model County for the legislation. Mr. Platt said the Growth Management Act is a very critical system and it must be made to work. He said many people say that tourism is the number one basis of the Florida economy, which he believes is wrong. He said the number one basis of the Florida economy is the retirement community and the real estate development industry. He said the number of people involved in the real estate industry is large and there is a lot of money circulating in the economy. He said there is merit in having the growth management law work smoothly; however, the Law had to work in a way that is not passed along to the consumers. He said the final analysis shows that if the developer has to spend money in making the Law work, the consumer will feel the impact through the cost of housing. Mr. Platt said the issue of the Capital Improvements Plan, which the Cities had to have in place, pertained to several matters; however, the Cities have to establish a level of service for their Capital Improvements. He said the level of service for roadways is D; however, the Cities do not want this type of level all day long and they certainly did not want level of services E and F. He said as the Cities look at what it will take to achieve their level of service financially and logically, the Cities will be faced with very real concerns. He said maybe Tamarac is luckier than most because of the surrounding roadways such as, the Sawgrass Expressway, the Turnpike and University Drive. Mr. Platt said one of the biggest issues regarding levels of service is how the matters are going to be paid. He said local governments had their own system for impact fees; however, the developers did not cause the needs for levels of service. He said developers could not be charged for the problems; however, the developer could be charged for the impact of his particular development. He said even though impact fees are a source of income for the Cities, it is a very small source of income compared to the overall Capital needs; therefore, what has the State Government done for the Cities financially. Mr. Platt said a law was passed 10 years ago in which the State of Florida was told not to impose any more legal burdens on local governments unless a source of funds is provided to address those burdens. He said this legislature has been mandated to that law; however, the Cities are having problems meeting theirad�--valorum goals. He said the State of Florida had a constitutional tax cap; however, Broward County and Tamarac have been doing Page 9 i �i a good job with their tax cap. He said the State mandated that documents be submitted regarding the Cities elements and how these elements will be paid without assistance by the State. Mr. Platt said if the Cities did not have the development in their communities, it would affect them and the developers. He said the growth management law can be interpreted as not having an effect on development; however, the State could challenge the approval of a development. He said a Judge may interpret the Capital Improvement Element differently than others and this could cause problems. He said a developer must know what is allowed in order to continue development and, in 1974, 1975 and 1976, there were several developments abandoned because there were developers who did not know what they needed to do to comply. Mr. Platt said once the concurrency, capital improvements and standings of the local citizens are determined, the growth management law will be easier to comply with. He said the State Plan provided a requirement which states that the Cities must provide adequate sites for housing, including housing for low and moderate income families such as, mobile homes, group homes,foster care and public facilities. He said, unfortunately, Broward County has never done an adequate job of addressing this element. He said this requirement should be concentrated on because the State Law does require it. Mr. Platt thanked the City Council for inviting him today and he welcomed the new members of the City Council. C/M Rohr asked if Broward County was requesting a Constitutional Amendment on State Mandates and Mr. Platt said this Amendment must have been lost in the Growth Management Act of 1985. C/M Rohr said Broward County proposed the Constitutional Amendment that would prohibit State Mandates on local governments without State funding unless there is a 3/4 vote of the House of Representatives and the Senate. He suggested City Manager Kelly send a letter to the State Representatives from the City asking them to support this Constitutional Amendment. Mrs. Brown --Porter introduced Lew Lautin, President of the Builders Association. She said Mr. Lautin is presently developing in Tamarac and can provide the City with information regarding the Growth Management Act and the impact to the developers. Mr. Lautin, President of the Builders Association, said they have 1,100 of the finest builder and Associate members. He said the Builders Association is in support of the Growth Management Act to promote the quality of life in South Florida. Mr. Lautin said one of the major problems existing is the lack of firm commitment regarding how the funding for capital improvements will take place. He said this problem has put the Cities in a difficult position because levels of service cannot be set without establishing where the money will be found for those improvements. He said the development communities and the Cities have to work together in setting the levels of service along with determining how the funds are to be met. Page 10 Mr. Lautin said Mr. Osterholt stated that the law was not enacted to place moratoriums in effect and the Cities were knowledgeable enough to know what would happen if the building industry ceased. He said new growth could not pay for all past errors of omission in lack of funding for infrastructure over the last 20 years. He said the problems of lack of infrastructures were ignored in the past because it was easier to ignore it than face it. Mr. Lautin said developers are paying a large amount of impact fees; however, the raising of impact fees makes it impossible for the developers to sell their developments at an affordable price. He said buyers pay a big amount for impact fees and, if the owner decides to sell the house to a larger family, this family does not have to pay impact fees; however, the larger family is impacting the surrounding areas. Mr. Lautin said the Fort Lauderdale News/Sun Sentinel recently did a study on new housing in the South Broward area and found that a large amount of people moving into new houses came from the Broward County area. Mr. Lautin said the development communities and the builders must work with the Cities to resolve the funding problems. He said Tamarac is blessed with one of the best planning staffs that he has ever worked with and he will make a personal commitment to the City in helping the City resolve the problems. Mayor Abramowitz asked how Mr. Lautin would handle the problems with finances and how he would expect the City to address these problems. TAPE 3 Mr. Lautin said one of the keys with the Growth Management Act is the setting of the level of services. He said this process would tie into the City's needs for capital improvements. He said the City Administration and the citizens have to understand that if a level of service is set at C, a moratorium will be imposed to building in the City. He said the level of services had to be set so that an adverse affect is not directed to the citizens by not causing a moratorium of building in the City. Mr. Lautin said the Growth Management Act was a responsibility of the citizens as well as the City and the developers. He said a practical level of service had to be reached by considering that the predecessors, County and State, may have done a terrible job in funding the correct infrastructure. He said the developers can not carry the responsibility of funding the capital improvements because building will have to cease in Tamarac. He said if Tamarac looked at their fee structure, they will see that the developers pay a substantial premium to build in the City. Mr. Lautin said the developers paid a 7.15% fee for engineering for all of the improvement which included, fill, water and sewer, drainage, etc. He said the City of Pembroke Pines recently raised their impact fees to 2%; however, the City of Pembroke Pines only charges 1% if their engineers certify the development. He said he pays 7.15% for Beautification fees in Tamarac and his Phase II project contains 9 buildings which will need 9 Page 11 inspections costing $3,650.00. He said unless these problems are corrected by not adding additional costs on the developers, the developers will build in another City which does not cost as much. He said Tamarac had to concentrate on the impact that ceased building would cause to the City. C/M Rohr said he is from Long Island and the people in Florida do not realize how good they have it. He said the traffic in Florida is great compared to Long Island. He said the taxes being charged for a house in Long Island are unbelievable. He said it is true that the developers may have to charge buyers of new homes a large amount for impact fees; however, Florida is growing and the citizens will not object to paying what Florida is asking because of the charges in other States. He said the citizens should have to pay for what is being created by them. He said he is not worried about the developers charging the citizens more money because the citizens will buy if they want the property. C/M Hoffman said he also came from Long Island and he moved to Florida because he could not afford to live on Long Island in retirement. He said when he bought his home, he knew what he could afford and he paid it. He said the money had to come from somewhere; however, it is difficult and disastrous to ask the citizens, who are retired, to pay a large fee for living. He said the developer has been an important factor to Tamarac and he said he appreciates Mr. Lautin's offer to assist the City. He said the City would be foolish not to take advantage of Mr. Lautin's expertise; however, the developers will have to help pay for the impact brought to the City. C/M Bender said it disturbs him that a Country like the United States makes no or low interest rate loans to foreign countries for their growth. He said the United States should get money from the foreign government for the problems occurring in the United States. Mayor Abramowitz said he understands that the Cities are paying for 20 years of neglect; however, when the impact fees are utilized properly by the Cities, the Builders Association will also benefit by it. Mr. Lautin said he wanted the City to call on him for any assistance. C/M Hoffman asked Mr. Lautin what he is presently developing in Tamarac and Mr. Lautin said he is building and developing Phase II of The Landings on Cypress Greens, which was abandoned and becoming very successful at this point. He invited the City Council to visit the facility. 3. City of Tamarac Comprehensive Plan: Goal And Objectives: 1. Conservation 2. Intergovernmental Coordination 3. Population Projection 4. Recreation & Open Space 4. Data and Analysis: 1. Conservation of Resources 2. Intergovernmental Coordination 3. Housing Element Page 12 4. Open Space/Recreation 5. Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Groundwater Aquifer Recharge 6. Traffic Circulation 5. Comprehensive Problems 1. Land Use Element 2. Capital Improvement Element Mrs. Brown --Porter said the City's Comprehensive Plan has been submitted to the City Council for their review. She said the requirement under Rule 9J5 states that Tamarac must have goals to protect the City and to make resource improvements in areas such as, conservation, intergovernmental coordination and housing. She said staff has been working on this plan for approximately 1-1/2 years and the third draft has been sent to the State which included data, analysis, goals and objectives. She said the State has submitted negative comments and the City is in the process of addressing them. Mrs. Brown -Porter said there will be Public Hearings held at 5:05 P.M. at a future date on these elements. She said the main problem with the Comprehensive Plan is the Land Use Element and the Capital Improvement Plan. She said the Engineering Department drafted the Sanitary Sewer, Solid Waste, Drainage, Potable Water and Ground Water Aquifer Recharge Elements and the Community Development Department drafted all the other Elements. She said consultants were only used to review those issues that are to be addressed by the State. Mrs. Brown -Porter said she spoke with Mr. Osterholt regarding to the Land Use Element and Capital Improvement Plan because there are problems with the Court Orders issued in 1972 through 1978. She said these Court Orders allowed more density in Sections 4, 5 and 6 than the County and State Plans allowed. She said the State received the information on the Court Orders and are requesting more information and did not want to recognize the Court Orders. She suggested the City Council bring these matters to the attention of the House when they visit Tallahassee on Broward Day because there is no way the City can discuss the State criteria with the imposition of the Court Orders. Mrs. Brown --Porter said the City has allowed for consistency and level, of service in the Land Use Element; however, the level of service has not been set because the levels of service had to be reviewed closely by the City Council and the Planning Commission. She said the City intended to keep the level of service at E; however, the City disagreed with the State and County regarding the moratorium issue which stated that if the infrastructure is not in place, development is not allowed. She said Mr. Osterholt mentioned that a moratorium was not intended with the Act; however, the Growth Management Act clearly states that this was their intention. Mrs. Brown -Porter said Mike Von Hofen, Assistant City Planner, is constantly contacting the State, Regional Planning and the Broward County Planning regarding the City's infrastructure needs and submittal deadlines. She asked the City Council to review the submitted information regarding these elements. She said the data Page 13 and analysis will inform the City Council of what is wrong in the City and the goals and objectives will inform the City Council how the matters can be corrected. Mrs. Brown -Porter said there was not a lot of money in the City budget to purchase capital equipment which is needed. She said there is no money available for programs needed by the Engineering Department in order to keep the infrastructure in place. She said the City had a 5 year capital improvement plan which deals with a 6 year time period. She said within the 6 years, the Finance Director will investigate funding sources for the improvements. She said impact fees could not be enforced or initiated without a complete study showing the need and the background for the fees. She said the City has been blamed for collecting more impact fees than they should have. She said the City has been criticized on how they handled traffic impact studies which had to be abandoned because there was no need for traffic impact. Mrs. Brown -Porter said the State is looking very closely at Tamarac's Comprehensive Plan and they specifically asked the City to submit information about the City's complete impact fee package. She said the City may not be happy with the State's comments on the impact fee package. She said City staff has been working overtime to meet the deadlines imposed by the State and she thanked the City Staff and the City Manager in assisting with the information being presented at this meeting. Mayor Abramowitz said the State's requirements were more stringent than the Court Orders and Mrs. Brown -Porter agreed. He said the City had to begin complying with the State because they were the City's supreme authority. City Manager Kelly said the State of Florida ranked second in the lowest tax effort. He said the unincorporated areas of Broward County were subsidized by the surrounding communities and a Referendum may be established for the citizens to decide if this should continue. He said if this matter goes to Referendum, many areas will want to be annexed into the municipalities. City Manager Kelly said Tamarac imposed high impact fees on the developer; however, a utility service tax is not imposed. He said Tamarac ranked 4th lowest in the effective tax rate. He said some Cities did impose a utility service tax which brings in a substantial amount of additional monies. He said a developer preferred to pay utility taxes as opposed to high impact fees. He said Tamarac did not tax as much as they could and this year, Tamarac is worse than other Cities because of the .constant change in office. He said the City has been sharing the burden with the developer; however, the developer is feeling the sharing. City Manager Kelly said the City has looked at Grants to help offset the impact of taxation, improvements, planning, etc. He said the City cannot surcharge the areas because of the restrictions of the Federal Grants. He said many Cities are relying on the County and the State for Grants because they have no tax efforts. He said Grants were given to Tamarac because Tamarac had tax efforts. Page 14 City Manager Kelly said Tamarac will have to keep a barebones budget which will be hard because of the increasing need for employees, improvements, machinery, etc. He said Tamarac's residents will have to understand that they will have to pay for services in order to keep the City running properly. He said the State is telling the Cities to begin realizing their responsibilities in the upkeep of their City. City Manager Kelly said Tamarac has taxing efforts, ways of raising more funds, which need more exploration. He said every municipality has avoided these responsibilities in the past and Tamarac has put off these responsibilities because of the rapid changing of offices. City Manager Kelly said the City will have to begin making serious decisions this year. He said the City will study the Grant and Bond matters. He said the City will be looking at contracting work in some of the Departments, etc. Mayor Abramowitz said he is a practical person and believes the budget should be the first place the City concentrates on in getting money. He said he was elected by the people to be the Mayor of the City and he had enough confidence in the residents to understand what has to be done to keep their City in proper existence and share the process. He said the City had to keep the residents aware of what is being done in the City. C/M Hoffman asked who the City Council should speak to in Tallahassee regarding the Court Orders. He asked Mrs. Brown -Porter to submit information to the City Council regarding this matter. C/M Hoffman asked if the City would be violating the State's Sunshine Law if they did meet with the State Representatives and City Attorney Doody said he would have to investigate this matter and report back to the City Council with his findings. C/M Rohr said the City does not have very long before the impact fees stop coming into the City. He said the City should begin to concentrate on this fact. C/M Bender agreed with C/M Rohr and he suggested the City concern themselves with the tearing down and rebuilding of areas and the revenue generated by this process. He said the City needed a contingency plan for the City's continuing growth and source of income. Mayor Abramowitz said if the developers thought that they would be better off in another City, they would build in another City. He said if the City enhanced and improved the image and the quality of life in the City, people will pay to be a part of the City. He said he does not want to hurt the people who cannot afford it and discussions regarding large homeowners taxes have been done. He said as a large homeowner, he did not object to paying more than the person in a two bedroom apartment. He said taxes should be generated around those people who can afford it. He suggested City staff concentrate on this matter because someone has to pay and if the residents have to pay, they should pay what they can. Page 15 �J City Manager Kelly congratulated the Planning Department for their tremendous work in getting the information together for this meeting. With no further business, Mayor Abramowitz ADJOURNED the meeting at 12:15 P.M. CAROL E. BARBUT©, CITY CLERK "This public document was promulgated at a cost of $165.60 or $4.60 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." a I 1 1 Page 16 I PLANNING WORKSHOP APRIL 7, 10:00 AM AGENDA 1. Introduction - Growth Management Act. Rule 9J-5. 8 Introduction - State Statute, Chapter 163 (Comprehensive Planning Requirement). �3. City of Tamarac Comprehensive Plan: Goals and Objectives: 1. Conservation 2. Intergovernmental Coordination 3. Population Projection 4. Recreation & Open Space 4. Data and Analysis: 1. Conservation of Resources 2. Intergovernmental Coordination 3. Housing Element 4. Open Space/Recreation 5. Sanitary Sewer, Solid Waste, Drainage. Potable Water, and Groundwater Aquifer Recharge 6. Traffic Circulation 5. Comprehensive Problems I. Land Use Element 2. Capital Improvement Element ' 11:30 AM 6. Delegation Request - City of Lauderhill 7. Zoning vs. Land Use. . 8. Speakers on Development Impact. 9. How the Growth Management Act affects the City of Tamarac. 10. Adjournment. 1 t m ra s �r a m C m O CD 00 m m G O O h v iO C b a h A� C go ' H G p m 06 O N ow I QQ ry D C aim CL .* aN r CD O d a d r O � h � 1 om d d m O E cu t9 1 n �l d The statute sets out a series of required elements which every plan must include. In addition, the statute lists a series of optional elements which a local government may include. What follows is a list of the eight required elements in the plan and a brief description of what each is intended to do. Within each element, the statute includes a series of topics and issues to be addressed. (These are referred to as "components" of an element.) The contents of each element are further refined in the rules of the Department of Community Affairs. These rules, entitled "Minimum Criteria for Review of Local Comprehensive Plans and Determination of Compliance" are included in Part 5 of this handbook (Chapter 9J- 5, F.A.C.) . For a thorough understanding of what each element addresses, you must read the statute and the corresponding element in the department rules together. 1. FUiure _Land Use Element Perhaps the most significant addition to the plan requirements in 1985 was made in this element. Unlike under the previous act, the statute now requires local governments to adopt a land use map or series of maps: "The future land use plan shall include standards to be followed in the control and distribution of population densities and building structure intensities. The proposed distribution, location, and extent of the various categories of land use shall be shown on a land use map or map series which shall be supplemented by goals, policies, and measurable objectives. Each land use category shall be defined in terms of the types of uses included and specific standards for the density or intensity of use." (§163.3177(6)(a), F.s.). These maps must show both the current land use pattern and the land use pattern which the local government plans for the future. These decisions must be based on surveys, studies and data which address a number of items listed in the statute. 2. Traffic C[culation -Element This element must address the types and locations of both existing and proposed major thoroughfares and transportation f� r i '"J routes, including bicycle and pedestrian ways (§163.3177(6)(b), F.S.). Local governments hhving a population greater than 50,000 must also address mass transit and plans for port, aviation, and related facilities. These issues may be addressed as part of this element or as a separate element in the plan. Correlated to the future land use element, this element must describe how the local government intends to provide each of these services and what it intends to do to protect groundwater recharge. .I �� .I a=� Here, the local government must set forth its plan for the "conservation, use, and protection of natural resources in the area", including but not limited to a specific list of these resources. Included in this element must be an assessment of current water needs as well as the projected water needs for a 10-year period. Locations of certain natural resources must be depicted on maps. ;:sTR_&. •.-a eY-T@T:RW4A114d This element must address a comprehensive system of recreational opportunities. "Standards, plans, and principles" must be adopted to provide housing for existing residents, up -grade substandard housing, provide adequate sites for future housing, including low- and moderate -income housing, mobile homes, and group home facilities, and protection for historically significant housing. 7. re9stal Element This element is the only element for its contents set out in two different of the requirements appear among the which has the requirements places in the statute. Some list of other element 1 1 1 8. IntergoveramfIntal Coordination Element Each local government must show how it considers the impacts of its decisions on its neighboring local governments and how it will deal with other units of government, such as school boards and special districts, which provide services but do not have regulatory authority over the use of land. The statute contains a list of optional elements which a local government may choose to include in its plan (§163.3177(7)(a)-(j), F.S.). In addition to this list, the legislature added a "catch-all" to allow the local government to include any other element which the local planning agency recommends for inclusion in the plan to deal with matters which are "peculiar to, and necessary for, the area concerned" (§163.3177(7)(k), F.S.). 1 L11