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HomeMy WebLinkAbout1980-07-09 - City Commission Public Hearing Meeting Minutesm 5811 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321 J TELEPHONE (305) 722-5900 June 5, 1980 NOTICE OF PUBLIC HEARING CITY COUNCIL TAMARAC, FLORIDA Please be advised that the City Council will hold a public hearing on Wednesday, July 9, 1980 at 5:60 P.M. in'Council Chambers of City Hall, 5811 N.W. 88th Avenue, Tamarac, Florida 33321. This public hearing is being called to amend the Tamarac Land Use Element regarding the Sabal Palm Country Club, pursuant to the Final Decree of the Fourth District Court of Appeals in which the density of 21.8 dwelling units per acre was upheld. The location of the property in question is approximately 17.38 acres in the southwest quarter of Land Section 12, Township 49 South Range 41 east - more precisely described as the northeast corner of Rock Island Road (on the west) and West Commercial Boulevard (on the south), bounded on the east by the Mainlands Section 7 and on the north by the Sabal Palm Village Condominium complex. The parcel contains the existing Sabal Palm Country Clubhouse, parking lot and driving range. The Public is invited to attend. rilyn Bertholf City Clerk CITY OF TAMARAC, FLORIDA PUBLIC HEARING SABAL PALM COUNTRY CLUB JULY 9, 1980 Mayor Falck called the Public Hearing to order, on Wednesday, July 9, 1980, at 5:30 P.M., in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice -Mayor Helen Massaro Councilman Irving M. Disraelly Councilman Irving Zemel Councilwoman Marjorie Kelch ALSO PRESENT: Ass't. City Manager, Laura Z.Stuurmans City Attorney, Arthur M. Birken City Clerk, Marilyn Bertholf Sabal Palm Country_Club - Amending the Tamarac Land Use Element, pursuant to Final Decree of the Fourth District Court of Appeals. SYNOPSIS OF ACTION: Action for Rezoning and the Land Use Plan Amendment be prepared and presented to the County for Re --certification. Mayor Falck read the Notice of Public Hearing into the record. Evan Cross, the City Planner, advised that page 27 of the Tamarac Land Use Element includes language relating to the fact that the City was appealing the decision of the Circuit Court regarding the zoning on the parcel in question. He additionally read a portion; "the City is now appealing that decision.T.he Land Use Plan reflects the City wishes; however, if further appeals are ultimately denied, the Plan will have to be changed to reflect the Court Order". He advised that an order was recently received from the Fourth District Court of Appeals, upholding the Lower Court decree, in permitting a density of 21.8 units per acre on the 17.38 acres in question, in the northeast corner of Rock Island Road and Commercial Boulevard. Accord- ing to the Broward County Planning Council, Mr.Cross said there is a procedure established for amending Land Use Plans, in which this is a requirement. This would increase the density in the number of units in the potential population of the City, and requires an amendment to the Land Use Element, with re -certification prior to adoption. The procedure would, therefore, require approval of the amendment and submission to the Broward County Planning Council for action by the County; with a request for re -certification of the Tamarac Land Use Plan. After action by the City Council this day, he said, it would require approval by the County Commission, which would be returned to the City, after re --certification, for their adoption. This, in effect, he said, would be an amendment to the ordinance adopting the Land Use Element. Mr. Cross, advised that the owner of the property which is Sabal Palm Country Club, is not the City, but the applicant. The City, he said, is proposing an amendment to its Plan, due to the Final Court Order. He indicated the following procedure is required by the City: 1.. Hold a Public Hearing 2. City Clerk to notify the owners of the property of the proposed amendment, with the time, date and place of the Public Hearing to be included, at least 30 days in advance. 3. Prior to approval of the amendment, the Broward County Planning Council, will request re -certification of the Plan. 4. The amendment will then be adopted by the City, after re -certifica- tion by Broward County. 5... The amendment also indicated pages 8, 21, 27, 31, 32, 34, and 35, in the future Land Use Map that would be affected by statistical - 6hanges, due to the effects of this element. -1- 7/9/80 (PM) mr/ J Mayor Falck opened the discussion to the public. Genevieve Washburn of Section 7,requested information on Sabal Palm, and whether it concerns the clubhouse, parking lot and driving range;and also, the balance of the golf course. Mr. Cross replied that there was a portion 600 feet wide by 1262 feet in depth, which includes the clubhouse, the driving range, and parking lot on Commercial Boulevard and Rock Island Road. Only the 17.38 acres is involved, he said,and there have been Court proceedings for some length of time, whereby, the City has shown the area as S-1, which is golf course open space. The owner of the property, he said, felt there was a high density of 21.8 units per acre on the parcel, which zoning district does not exist in Tamarac, because the highest permitted density is 15.units per acre. Mr. Cross indicated that the City and the area under discussion was involved in a lengthy legal proceeding, in which the City attempted to maintain the golf course designation of the property. The case was not approved in the Circuit Court, and the City appealed the decision, but did not win in the Appeals Court. It is his understanding that the City no longer plans to appeal, but the City would be obligated to pro- vide an R-4A density of 21.8 units per acre, which zoning would permit condominium or apartments on this parcel of 17.38 acres. Mayor Falck explained that it was for purposes of correcting the City's Land Use Plan, which was previously filed and approved, with the under- standing that the final ruling from the Court would determine the Land Use designation for that particular parcel in Tamarac. This change in designation, he said, will conform with the order of the Court. C/M Disraelly said that development may not occur to that particular density, or could be put to some other use in the future. V/M Massaro advised that rezoning was approved in 1973 to permit apart- ments, which has been upheld by the Court to -date. The zoning for apart- ments at this time is for 21.8 units per acre, if such configuration is applicable on this parcel of property. She also noted that setback requirements would have to be observed. Antoinette Mayo asked why the people were present for a Public Hearing, when everything has already been approved, because their input is meaning- less. V/M Massaro clarified that the law in effect, as relates to a County Land Use Plan, requires the City Land Use Plan be certified by the County. The only parcel being affected is that area which borders on to Rock Island Road, for a depth of 600 feet, for the entire frontage on Rock Island Road. C/M Disraelly further explained that the Land Use Plan does require Public Hearings, and Council would listen to input by the public, but there is a Court Order involved which directs the City to approve this, but still abide by the decision of the Court. Mayor Falck closed the discussion to the public, because there were no further comments received. C/M Disraelly said that because the Court Order mandates it, he would MOVE that the action for rezoning and the Land Use Plan amendment, be prepared and submitted to the County for re -certification, and V/M Massaro SECONDED. VOTE: ALL VOTED AYE. MEETING ADJOURNED. R YO ATTEST: APPROVE B CITY CLERK CM COUNCIL ON -2- 7/9/80 - This public document was promulgated at a cost of $ 3 ► TPM)mr/ or $ per copy, to inform the general public and p blic offic s and employees about recent opinions and considerations by the City Council of the City of Tamarac.