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HomeMy WebLinkAbout1983-09-20 - City Commission Joint Special Meeting MinutesMAIL REPLY TO: P.O. BOX 25010 TAMARAC, FLORIDA 33320 5811 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 September 15, 1983 NOTICE OF JOINT SPECIAL MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION Please be advised that the Joint Special Meeting of the City Council and the Planning Commission will be held on Tuesday, September 20, 1983, at 9:00 A.M. in the Council Chambers at City Hall, 5811 NW 88 Avenue, Tamarac, Florida on the following items: 1. Stratus Report on the south half of Land Section 7 - Discussion and possible action. 2. Stratus_ Report on lease condemnation case for the sludge farm - Discussion and possible action. The City Council may consider such other business as may come before it. The public is invited to attend. a Carol A. Evans Assistant 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 b3scd. "An Equal Opportunity Employer" CITY OF TAMARAC, FLORIDA JOINT SPECIAL MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION CALL TO ORDER: Mayor Walter W. Falck called the meeting to order at 9:00 A.M. on Tu.esday, September 20, 1983, in the Council Chambers at City Hall. ROLL CALL: PRESENT: CITY COUNCIL: PLANNING COMMISSION: Absent and Excused ALSO PRESENT Mayor Walter W. Falck Vice Mayor Helen Massaro Councilman Philip B. Kravitz Councilman David E. Krantz Councilman Jack Stelzer Vice Chairman Martin Schoenfeld Commissioner Emil Beutner Commissioner Maurice Meyers Commissioner Carl Alper Commissioner Irving Tepper Commissioner Arthur H. Gottesman Commissioner Saul Mesinger Planning Commission Chairman, Louis Becker Jon M. Henning, City Attorney Alan Ruf, Consultant City Attorney Richard Rubin, Consultant City Planner Patricia Marcurio, Secretary Mayor Falck read the call into the record. 1. Status Report on the south half of Land Section 7 - Discussion and possible action. SYNOPSIS OF ACTION: Status Report was given by Richard Rubin and action was TABLED for a Special Meeting scheduled for Monday, 9/26/83 at 10:00 a.m. Richard Rubin said his firm.has worked for 2 months preparing the overall analysis for Land Section 7 and it is identical to the way it was presented to Council last July. He said there is an 85 page report which will be submitted to Council this week. V/M Massaro asked if the report concerned the south portion only and Mr. Rubin said it concerns the entire Land Section 7 since the statistics are for the entire population, housing types, etc. V/M Massaro expressed her concern because the City is presently in litigation concerning the north half of Land Section 7 and no discussion on this portion should take place at this time. Mr. Henning said the Meeting Notice makes it clear that any action today would be on the south half of Land Section 7 only. Commissioner Schoenfeld asked for a clarification of the location being discussed and Mr. Rubin referred to a map which showed a line exactly in the center of the Section, the south half is one property owner, Land Section 7 Associates, and the north half has approximately 13 land owners. Mr. Rubin gave a slide presentation which he narrated: The location of Land Section 7 has Commercial Blvd. on the south side, the Sawgrass Expressway on the west side and this is the last undeveloped area in the City without public improvements, water and sewer, existing in that area. This will be in a different Water Management District. By the year 2020, it is estimated that the population of Florida will be 17,000,000 and it is 10,000,000 now. There has been an increase by 50% of the estimated growth in 10 years. Broward County is the second fastest growing in the State and the City of Tamarac follows suit. 1 - 9/20/83 /pm Mr. Rubin said in 1960 there were 500 people in Tamarac, in 1983 there are 34,000 and it is estimated that in 1990 there will be 39,000. In order to find jobs for the people coming to south Florida, there will be an increase in industries of communications, electronics, and microprocesses. Although there is increased population, the roads in Broward County are the poorest in the State. Within the next few years there will be a Sawgrass Expressway being planned west of -Land Section 7, it will go down to State Road 84, down into Miami and allow traffic to be routed east, west to Naples and north to Palm Beach County. Based on the existing over -capacities of the highways on the east, this corridor should be well used. Mr. Rubin said in 1976, the County's Plan was adopted and incorpor- ated into the City's Land Use Plan, was originally submitted by Leadership Housing and what was added was the inclusion of the school and park sites. Part of this school site falls in the south half and if this school site is not needed, this could be revised. He referred to a new shopping center planned and approved by Council for over 150,000 square feet of commercial zoning planned for this area. He said over 30 industrial/office parks were analyzed in Broward County and it was found that this space has over 3,000 acres available, which is 60% of the overall industrial needs in Broward County. Presently, without Land Section 7, there are 10-15 years of industry/office land available in Broward County and it was discovered there are over 400,000 square feet of office space existing unrented in broward County and there is no need to develop this land on the short term. He said a planned industrial park was envisioned adjacent to intersections of highways; however, it is expected that, because it does not have rail or airport access, the type of industry would be offices, research, hi -technology, distribution and storage. Mr. Rubin said the residential needs of the City were studied as well. In 1978, the City was approximately 70% adult development, 30% family - type development. After 1978, a change occurred, 90% is adult development, there was one public community that was planned and approved and never constructed and the other 10% are homes over $100,000. HP said the City has lost affordable housing in the last 5 years. With affordable housing the density is kept to 6 or 7 dwelling units per acre. He said there is an over -abundance of townhouses and single family, few multiple -family and no mobile home parks in Tamarac. He said Kings Point is building 5,000 units of adult housing in western Tamarac and their prices range from $43,000 to $60,000 and they provide amenities such as a recreation center, two acres under roof, medical facilities, etc. However, the adult market is saturated by Kings Point and the only market available today is for other income groups, singles, starting families, etc. Mr. Rubin said with a strong home- owners association, recreation area and an active maintenance associa- tion, this could be a very attractive asset to the community. He said the specific site plan, platting, Code and Beautification Committee requirements would assure this to be an asset to the community. Mr. Rubin said that Mr. Toll has said that he feels the south half should be a residential community and, because of the lack of access to the interchange for commercial use, Council might decide to move forward with the Land Use Amendment. He said Hiatus Rd. is planned to go through Sunrise Industrial Park and intersect with Commercial Blvd. about 1,300 feet west of Nob Hill Rd. and this would be a logical extension for an internal service road to this area. From a fire and emergency vehicle standpoint, a secondary means is needed into this area no matter what land uses are constructed. The waterways are a secondary concern and the waterways must lead west to the levee and down to the C13 canal basin and be constructed in a planned manner. Mr. Rubin said if the City reaffirms its Land Use Plan, staff would make a recommendation to move the school and park site from there and cause this site to be 11 units per acre in gross density. He said Mr. Toll feels 11 units per acre is too high a density for this type of development and the Council would approve prefabricated housing with a growth density of approximately 6 units per acre. - 2 - 9/20/83 /pm Mr. Rubin said the other alternative is to spread those 938 units across the entire parcel and that would give an average density of 5 dwelling units per acre which would be the proper density for pre- fab housing. This plan is reaffirming the City's Land Use Plan show- ing industrial -based activities on the west side, which can be spec- ified in the Code to be non -pollution type of industry. This is a permanent use of residential or it might be possible to permit prefab housing as an interim use on the west side of the Hiatus Rd. extension for a period of years and when the market dictates that this could be industrial, this area could be converted back to industrial use. Mr. Rubin said if this area is to be developed in a coordinated manner, then Council needs to address providing a special assessment district for that area. With a special assessment district, the main roads and canal can be constructed with backbone improvements. He said that in the Charter it states that all public improvements are required to have a referendum, Tamarac is one of the few cities in Broward County that requires a referendum for special assessment district, most are levied without referendum because the property owners have the burden to pay and not the tax payers. In conclusion to his presentation, Mr. Rubin said the three things for consideration by the Council are: 1. Special Assessment 2. Referendum 3. Mr. Toll's request for prefab housing in the entire south half of Land Section 7. Mr. Alper questioned what was meant by temporary residential areas ape and Mr. Rubin said if there would not be a subdivision of the land, 2 a homeowner or condominium document can plan for the interim use to be removed in the future when the market dictates. At V/M Massaro's request, Mr. Toll distributed pictures of the area he constructed in Palm Aire to Council and Planning Commission members. C/M Krantz asked the approximate price of the homes pictured and Mr. Toll said between $40,000 and $50,000 and that does not include the land. V/M Massaro said if the City were to assign to the Land Use Plan an interim designation of land use anyone would be foolish to build there and this idea should be discounted completely. Mr. Toll said he never suggested temporary housing on this site but it was considered as an alternative. Commissioner Schoenfeld asked if the City itself can assess the district for building the roads, etc. for a planned industrial development and have the cost borne by just the owners of the development. Alan Ruf, Consultant City Attorney, said when a special assessment district is decreed by the Council, there are certain statutory and Code requirements that must be followed. Once those are completed, those persons who are benefited are the only persons who pay, however, the Council determines how the land owners benefited will pay. He said the City fronts the money and then sets a time limit in which the owners reimburse the City. He said the Charter does not allow the City to spend for capital projects more than 2-1/2% of the then current budget; therefore, if the City were going to front the cost of the construction of the roadways, sewers and water lines in Land Section 7 and require those people who own those lands to reimburse the City, the City would ask the residents by referendum to allow the City to spend the money, the City would sell bonds, construct the improvement and the landowners in Land Section 7 would reimburse the City that money that was fronted. Mr. Schoenfeld said he would like to see it maintained as it is on the Land Use Plana and Mr. Alper concurred. Mayor Falck asked Mr. Rubin to review the steps that would be necessary for the City to follow if a land use change of this magnitude was considered. - 3 - 9/20/83 /pm Mr. Rubin said if Council chose to make an amendment to the Land Use Plan, one would be to remove some of that industrial designa- tion because, as the drawings show, there is already industrial land on the east side of Hiatus Rd. It would require a full County- wide amendment and the scenario would be as follows: 10/83 - The City Council will have their final review of the Land Use revision and have to submit for the 163 review by State Law, which takes 60 days. 1/84 - The City Council will receive the comments from the different agencies that reviewed their plans during those 60 days and the Planning Commission and City Council will hold public hearings to adopt their Land Use Plan. There is one new requirement over last year, after the City Council approves it, it will go to the Planning Council for re- certification, since it requires a full County -wide amendment. 4/84 - The Broward County Commission will be holding a public hearing to amend the plan consistent to Council's proposal which could be supported based on the specifics of this site. 5/84 - City Council would hold their public hearing after the County Commission approved the Land Use Amendment and the next step is rezoning. 6/84 to 9/84 -- The City would be holding the public hearing to zone the area in accordance to the Land Use Plan. Then it would be ready for development if the backbone improvements were in. 2. Status Report on Lease Condemnation Case for the Slud e Farm - Discussion and possible action. SYNOPSIS OF ACTION: TABLED to Special Meeting on 9/26/83. Alan Ruf said at the time Council declared a moratorium on Land Section 7 to restudy it, the City was advised by the primary land owner of the south half of Section 7 that the City should stop using the sod farm operation, which the City has used for many years. He said, at the same time, the City was involved with the County in the discussion of how the City would ultimately resolve its treatment of wastewater and how it would be disposed of. He said the City believed they would have to continue using the present site for approximately 30 months in order to plug into any new operation that might be dictated by the ultimate plan. The City passed a Resolution of Necessity indicating that it was necessary for the City to take an interest in that property for a 30-month period and authorize the City Attorney's office to file suit to achieve that Taking. The suit was filed, it's being defended vigorously and there was to be a hearing in July and the City Attorney's office and the special expert that has been engaged by the City to estimate the value of that Taking, filed with the Court the indication that the Taking is in the area of $120,000 to $150,000. When that was done, Gene Toll came to the City and the City Attorney's office and said he felt he might be interested in purchasing that land from the owner and developing it and if he could work out a development plan that was suitable for him as a developer and the Council, as far as the Land Use is concerned. He would like to allow the City to continue to use the Sludge Farm until an alternate site was available. Mr. Ruf continued that in order to that would be mutually beneficial hearing was continued to 10/26/83. which the City is working and this Special Meeting. He said the City forward with their hearinc before had an indication from the City's probably be the only continuation - 4 - attempt to work out something to Mr. Toll and to the City, that This is the time element with is what has precipitated this is currently scheduled to go the Judge on10/26/83 and he has adversaries that that uin0d that they would agree to. 9/20/83 /pm Mr. Ruf said the City Attorney's estimate of the costs include not only the $120,000 to $150,000 for the Taking, but in an Eminent Domain proceeding, the authority attempting to take pays not only his own attorneys and experts but pays the attorneys and experts for the land owner. He said the City's estimate of the value of the Taking is being contested, the land owner believes it is substantially more. He said the dollar amount that the Council has committed to this Eminent Domain Taking is substantial and it is within that context that it should not be the major reason for any decision making with respect to the Land Use on the south half of Section 7 but it should be one of those things that Council considers in making a decision. Commissioner Alper asked Mr. Ruf, assuming that the City was successful in the suit, would the City then permanently own that land. Mr. Ruf said no, the City does not believe that that is the most appropriate place for a long term sludge operation since it is located on Nob Hill. Rd. and rather centrally located in terms of what will develop around it. He said the City believes there are alternative sites in Section 7 that are better. Mr. Ruf said under the 201 Plan there will be sludge operations that are regionalized. Commissioner Meyers asked if Mr. Ruf had an estimate of what it would. cost to take the land by Eminent Domain and Mr. Ruf said he could not speculate on that, but they have agreed that the value of the Taking for 30 months is $120,000 approximately. Commissioner Schoenfeld asked Mr. Ruf if the proper fee were deposited with the Court and it turns out that that is sufficient, is the City still responsible for costs? Mr. Ruf answered yes. Mr. Toll said he volunteered to manufacture housing ranging from $35,000 to $50,000, for which there is a need. He said the present Land Use Plan shows 938 units on this piece of ground and the balance of the ground in industrial growth but he would spread the 938 units over the entire south half of land. He said his reasons are to stop the bad press which does not help sales of properties he presently has in the City. Commissioner Alper asked why Mr. Toll could not build homes in this price range including the land and Mr. Toll said he could not compete with Lennar Homes and Sunrise Lakes.. Commissioner Meyers asked Mr. Toll if these prefabs were considered affordable housing and he said yes, they are considered by the government as housing. Mr. Toll said they have all the utilities connected as a regular home would have. Mr. Toll said there would be three section development there, one adult, one a family and a. single. He said whichever one grows the fastest would be the one that would continue. He said he just saw a graph which showed that 63% of what was being sold in this industry now was for 35 years and younger. Commissioner Meyers asked if there would be any government control of these homes and Mr. Toll said no. C/M Kravitz asked if Mr. Toll were having a Feasibility Study on this and Mr. Toll said more to absorption rate and the type of people who would buy in there, etc. and this would be received in about 3 months. Commissioner Gottesman asked Mr. Toll how much he estimated the land cost would be added to the cost of the home and Mr. Toll said if he were to copy one of the parks he has built, the homes on the property pay rent and the new ones are condominium. C/M Stelzer asked Mr. Toll if he proposed having permanent homes to the east and the rest of the property would be land leased for a certain number of years? Mr. -Toll said his proposal is not for just an interim use. Mayor Falck said there are legal requirements con - Tape cerning land rental that usually give the option to buy the land. 3 V/M Massaro said it was never Mr. Toll's idea to have an interim plan for this property. C/M Stelzer asked Mr. Toll the difference between a mobile home and a prefab and Mr. Toll said a mobile home 5 - 9/20/83 /pm has wheels and can be moved and a prefab home is stationary. Richard Potash, representing Toll Development and Leadership Housing, said Florida has regulations concerning underlying land leases when you own the property above. Commissioner Schoenfeld said this is a potentially dangerous situation because as soon as the development is sold out, the developer no longer cares about maintaining a minimum lease amount. V/M Massaro said there is no difference with a rental and concerning safety, the standards are dictated by the South Florida Building Code. C/M Krantz asked the width of these homes and Mr. Toll said approximately 14 feet wide is the average, which is 2 feet wider than apartments. C/M Stelzer asked if there were any recreation facilities planned and Mr. Toll said 3 will be developed for each of the 3 types of homes there. Mr. Toll said their job is to lease and rent these homes and if they are not satisfactory, Toll Development will suffer. Commissioner Alper questioned the availability of mortgage money on mobile homes and he suggested tabling this until Mr. Toll can determine what he will do there. Mr. Toll said he is not doing a Feasibility Study but just an absorption rate study as to which type of housing will sell the fastest. Commissioner Tepper asked if the development in Palm Aire is land leased or individually owned homes and Mr. Toll said that development is land leased. Commissioner Tepper said a land lease for less than 99 years could cause problems and the alternative of moving these homes is prohibitive to the average person. He said if a time should come when the market changes and since the tract is owned by one person, there may be a desire at that time to use that land for another purpose at which time an acceleration of rental could serve the purpose of driving people off the land with their mobile homes and leaving the land then free to be developed in another area. Mayor Falck said Mr. Toll has not decided at this point what type of housing would be going in there. V/M Massaro said Mr. Toll has been honest in stating that if the manufactured homes are used in there it would be with a land rental basis so that, in no way, would it be a transient mobile home park. She said this would have to be part of an agreement that would be very specific. C/M Stelzer asked if there were any chance of having a minimum lease rental for the land at a specific rental increase over a period of years? Mr. Toll said he would probably be willing to do something like that. Commissioner Alper said people owning only the house and not.the land will pay a smaller amount of tax but their demand for services of police and fire will be as great as anyone else. Abe Silverglide, Vice President of the Board of Directors of the Isles of Tamarac,said mobile homes will not add to the improvement of the City but rather have the opposite effect. James Ephraim, member of the. Board of Directors of the Isles of Tamarac, said his sister owned a mobile home in Hallandale and paid no taxes to either the City or County but paid a license fee since these mobile homes are deemed to be vehicles. Milt Siegel, President of the Isles of Tamarac, said he feels it would not be an asset to the community. V/M Massaro said the laws would protect the homeowners as much as possible but the economy would dictate if a land lease fee would be raised. Commissioner Alper repeated his desire for tabling of this until all the facts are known and V/M Massaro asked Mr. Ruf what problems the City might have since there is a definite date set for the next hearing with no further postponement. Mr. Ruf said the hearing is scheduled for 10/26/83 and the City is prepared to go forward with its case. However, he said, the decision on the land use of the south half of Section 7 should be under consider - Tape ation. Mr. Ruf said if the Council were to agree that T-1 zoning 4 on this property were reasonable and authorized the staff to go forward with the rezoning and the change in the Land Use Plan, Mr. Toll and the landowners would then grant the City the right to - 6 - 9/20/83 /pm use the sludge farm property until such time as Tamarac had developed the ultimate sludge treatment that will be used for decades. Mayor Falck suggested TABLING this Item to the Special Meeting to be held on Monday, 10/26/83 and V/M Massaro so MOVED. SECONDED by C/M Krantz. 111244 ALL VOTED AYE Mayor Falck adjourned the meeting at 11:30 A.M. MAYO' ASSISTANT CITY CLERK This public document was promulgated at a cost of $ lel, V- or $ �/, / 7 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. -7- CITY OF TAMA.RAC W i f{OW AT MEETING OF � City Clerk 9/20/83 /pm