HomeMy WebLinkAbout1986-01-27 - City Commission Special Meeting Minutess
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January 14, 1986
NOTICE OF
SPECIAL MEETING
CITY COUNCIL OF TAMARAC, FLORIDA
There will be a Special City Council meeting on Monday,
January 27, 1986, at 9:00 A.M. in the Council Chambers of
City Hall, 5811 NW 88 Avenue, Tamarac.
The purpose of this meeting is to hold a public hearing and for
discussion and possible action on:
1. PTA Cable Corporation - Temp. 0_d. #1227 - Approval
of a transfer of a non-exclusive franchise for a
community antenna television system to Telesat
Cablevision, Inc. Second Reading.
2, Gregory B, Darb - Rezoning Petition #24-Z-85 -
Temp. Ord. #1239_ -- Rezoning of lands at the southwest
corner of University Drive and NW 82 Street from R-4A
(Planned Apartments) to B-6 (Business District) utilizing
the 5% flexibility rule for commercial development in
residential land use area not to exceed 10 acres. Second
Reading.
a) Acceptance of Affidavit of Publication and Affidavit
of Posting.
b) Consideration of application.
The public is invited to attend.
Marilyn Bertholf, CMC)79.
City Clerk
Pursuant to Section 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 will need a record of the proceedings and for such
purpose, he may need to ensure that a verbatim record includes
the testimony and_. evidence upon which the.appeal is to be based.
AN EQUAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
CITY OF TAMARAC, FLORIDA
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SPECIAL CITY COUNCIL MEETING
January 27, 1986
Tape 1 CALL TO 0 DE_: Mayor Kravitz called the meeting to order at
9:00 A.M. on Monday, January 27, 1986 in the Council Chambers of
City Hall.
ROLL CALL: PRESENT:
ABSENT AND EXCjjh9F,D:
ALSO PRESENT•
Mayor Philip B. Kravitz
Vice Mayor Helen Massaro
Councilman Arthur H. Gottesman
Councilman Sydney M. Stein
Councilman Raymond J. Munitz
Larry Perretti, City Manager
Jon M. Henning, City Attorney
Carol E. Barbuto, Assistant City Clerk
Patricia Marcurio, Secretary
MEDITATION AND PLEDGE -OE BLLEGIANCE: Mayor Kravitz called for a
Moment of Silent Meditation amd Pledge of Allegiance.
PUBLIC HEARINGS
1. UTA-Cabe Corporation - Temp. Ord. #1227 - Approval of a
transfer of a non-exclusive franchise for a community antenna
television system to Telesat Cablevision, Inc. Second Reading.
SYNOPSIS F TION: APPROVED ORDINANCE NO. 0-86-5 PASSED.
on second and final reading.
Public Hearing was held.
Mr. Henning read Temp. Ord._#],227 by title.
Mr. Henning said the Ordinance is approval of the transfer of the
cable television franchise from UTA to Telesat Cablevision, Inc.
for the remainder of a 20 year franchise. He said Telesat
Cablevision is attempting to acquire more than one company and
this transfer should be effective by 4/15/86 or it would be void.
Mayor Kravitz opened and closed the public hearing with no re-
sponse.
V/M Massaro MOVED APPROVAL of Temp. Ord. #1227 on second and final
reading, SECONDED by C/M Gottesman.
VOTE:
ALL VOTED AYE
For the record, the following people were present on this item:
Nancy Yanofsky, Manager of UTA Corporation
Harry Cushing, Senior Manager of Telesat
Robert Haber, of UTA
Michael Moskowitz, UTA
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2. GregorGregory B Da b - Rezoninq_Petition24-Z-$5 - Temp.
Ord._41239 - Rezoning of lands at the southwest corner of
University Drive and NW 82 Street from R-4A (Planned Apart-
ments) to B-6 (Business District) utilizing the 5% flexibility
rule for commercial development in residential land use area
not to exceed 10 acres. Second Reading.
a) Acceptance of Affidavit of Publication and Affidavit of
Posting.
b) Consideration of application.
c) Repeal of Resolution 85-205, which approved Stipulation 19
to Case No. 72-11731-CZ with Woodmont Center Associates �-
Temp. eso�,. #3984
,
d) Approval of Stipulation 19 to Case No. 72--11731-CZ with
Vaughan S. Ford -- Temp. Reso. #3985
SYNOPSIS „OF_ACTION: ORDINANCE NO. 0-86-6 PASSED.
a) ACCEPTED Affidavits. RESOLUTION NO. R-86--35 PASSED.
b) APPROVED Temp. Ord_, RESOLUTION NO. R-86--36 PASSED.
#1239 on second and
final reading.
c) APPROVED. Agendized by Consent.
d) APPROVED as amended. Agendized by Consent.
Public hearing was held.
a) Mr. Henning read em d # 239 by title.
Mr. Henning said this item was originally a petition for rezoning
to B-2 and the Planning Commission recommended Denial. He said
the petitioners have agreed to revise their petition to B--6, which
is a less intense business use. He said this is a portion of
Tract 29 at one of the entrances of Woodmont on the south side of
the Ambassador Savings & Loan. He said there is a Stipulation
which has been proposed for the Leadership case since this is
within the boundaries of Land Sections 4, 5 and 6. He said
originally there were many uses which were suggested to be removed
based on the proposal of B-2 but by changing the petition to B-6,
many of the questionable uses are eliminated.
Mr. Henning suggested Council Agendize by Consent Stipulation 19,
which is a 90-year Deed Restriction. He said it specifies that
convenience stores, savings and loans, athletic clubs and gyms,
banks, monetary institutions, lodge halls, reducing salons,
theaters, funeral homes, and civic associations are excluded from
the B-6 property.
Thelma Brown, City Planner, said this was approved on first
reading and there were changes from B-2 to B--6 zoning. She said
there is a list itemized under Stipulation 20 that identifies all
of those Deed Restrictions and staff recommends they all be
addressed as running with the property. She said the Stipulation
should be amended on Page 2, Paragraph 6 to read:
1. Redesign of the southeast entrance on University Drive in
order to maintain a minimum building setback of 110-feet and
channelize traffic.
2. To increase the landscaping
to 42 inches instead of 36
3. Eliminate eastern driveway
V/M Massaro asked who requested
82 St. and Ms. Brown said this
2
berm height along University Drive
inches.
on 82 St.
the elimination of the driveway on
was attached to Stipulation 20.
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V/M Massaro said she would like to see that 110-foot setback on
University Drive maintained. Mr. Henning said the setback and the
berm are two issues that would be applicable to the site plan.
Mayor Kravitz opened and closed the public hearing with no re-
sponse.
V/M Massaro said it indicates on the Stipulation that Mr. Ford
will pay prior to site plan approval and she suggested the
Stipulation should run with the land and should not be connected
with any one person. Mr. Henning said Page 2, Paragraph 81
indicates, "That all rights and liabilities herein given to or
imposed on either of the parties shall extend to their respective
heirs, executors, administrators, successors and assigns. This
document shall be recorded in the public records of Broward
County." He said Mr. Ford is party to this Stipulation and that
is the reason he is mentioned in there.
V/M Massaro said it is stipulated that the traffic signalization
fee shall not exceed $20,000.00. She said something should be
written in the Stipulation that architecturally this should be
compatible with the Woodmont residential area.
C/M Stein asked Mr. Ford if it is his intention at this moment to
build a Woodmont professional building and Mr. Ford said yes.
C/M Stein said there is a rendering as to the type of construction
and part of the Stipulation should state that they will adhere to
this type of construction because of the surrounding area.
C/M Gottesman said at the last hearing he suggested that there
were some inconsistencies between the drawings and Mr. Henning
said the actual elevations will be reviewed and accepted as part
of the site plan approval. C/M Stein said if the petitioner
stipulates that they will conform to the surrounding area then the
site plan review has a right to reject the site plan if it does
not.
Mr. Henning suggested the wording be, "that the deveopment shall
be substantially consistent with the preliminary rendering sub-
mitted." V/M Massaro suggested this rendering be reduced and
attached to the Stipulation.
Vaughan S. Ford, owner of the property, said they hope to build a
project that conforms to the rendering he previously submitted and
he asked if the Stipulation could state that this must be archi-
tecturally compatible to Woodmont. Mr. Henning said Council is
not holding him to this facade for 90 years but they are stipulat-
ing that if the petitioner wants to change the architectural
design, Council must agree. V/M Massaro said if the owner wants
to make a change from this rendering, it would be put on the
Council agenda and the people would state their objections, if
any.
Mayor Kravitz asked the Assistant City Clerk if the Affidavits of
Publication and Posting were received and she answered yes.
C/M Gottesman MOVED ACCEPTANCE of the Affidavits of Publication
and Posting, SECONDED by V/M Massaro.
UTE •
ALLYOTED AYE
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c) Mr. Henning requested Agendizing by Consent a c) portion to this
& item, Temp. Reso. #3984 repealing Resolution 85-205, which
d) approved Stipulation 19 and a d) portion, Tem so. 85
approving Stipulation 19 with Vaughan S. Ford.
C/M Gottesman so MOVED, SECONDED by C/M Stein.
VOTE:
ALL VOTED AYE
c) Mr. Henning read Tema. ,Reso. #,3.984 by title.
Mr. Henning said the project itself, Woodmont Center Associates,
is unrelated to this particular development. He said, however,
they have attempted to keep consecutive numbers of the Stipula-
tions and have assigned and approved Stipulation 19 to Barry
Eden's project. He said Mr. Eden has submitted a letter to
Council dated 1/17/86 in which he has requested a withdrawal of
this rezoning petition and, because of that, he is suggesting the
approved Stipulation be cancelled and, if the property is rezoned
at a future time, it can be addressed then. He said the number
should be abandoned to allow consecutive numbers for the Stipula-
tions and No. 19 will be assigned to the project on Tract 29.
Mayor Kravitz questioned whether items can be Agendized by Consent
on this item since they were not advertised for public hearing and
Mr. Henning said yes, because the rezoning was advertised and a
public hearing was held on that item.
V/M Massaro MOVED APPROVAL of Temp.,Reso. #3984 repealing Resolu-
tion 85-205, which approved Stipulation 19 to Case No. 72 11731CZ
with Woodmont Center Associates, SECONDED by C/M Gottesman.
VOTE:
d) Mr. Henning read Temp_,-Reso 43985 by title.
Mr. Henning said there is an addition to the Stipulation of two
Paragraphs numbered 6 and 7. He said Paragraph 6 would be regard-
ing the 42-inch berm rather than 36-inch berm and Paragraph 7
would be regarding the substantial compliance with the site plan
and architectural design as submitted in the two Exhibits that
have been signed by Mr. Ford. He suggested that Paragraphs 6, 7
and 8 be renumbered to 8, 9 and 10.
V/M Massro MOVED APPROVAL of Temp. Reso. 43985 as amended,
SECONDED by C/M Gottesman.
Mr. Henning stated for the record that the architectural design
and the site plan will be in substantial conformance with the
architectural renderings and the preliminary site plan submitted
to Council.
VOTE:
ALL VOTED_ AYE
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b) V/M Massaro MOVED APPROVAL of Temp._Ord.__t1_23.9. as amended on
second and final reading, SECONDED by C/M Gottesman.
VOTE:
ALL VOTED AYE
Mayor Kravitz adjourned the meeting at 9:50 A.M.
200�v��! , -5eq
jffAYOR '
ATTEST:
TY CLERK
This public document was promulgated at a cost of $46.29 or
$1.28 per copy to inform the general public and public officers
and employees about recent opinions and considerations by the City
Council of the City of Tamarac.
CITY OF TAMARAC
R ED AT MEETING 0 �
City. & rk.
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