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HomeMy WebLinkAbout1986-03-19 - City Commission Special Meeting Minutes5811 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321 TELEPHONE (305) 722.5900 March 14, 1986 MAIL REPLY To NOTICE OF PUBLIC HEARING P.O. BOX 25010 CITY COUNCIL TAMARAC, FLORIDA 33320 TAMARAC, FLORIDA Please be advised that the City Council of Tamarac will hold a Public Hearing of Permitted Use Changes in Zoning Changes on Wednesday, March 19, 1986, at 7:00 P.M. in City Hall, 5811 NW 88 Avenue, Tamarac, Florida. The City Council will consider and take action on the follow- ing Ordinances: 1. Trafficways Improvement Contribution - Discussion and posible action to amend Chapter 24 of the Code by creating a new Article 8, Fair Share Contribu- tion for Road Improvements by Temp. Ord. #1.234. First Reading. 2. Traffic S'gnalization Improvement Contribution - Discussion and possible action to amend Chapter 7 of the Code by creating a new Article III, Traffic Signalization by Temp. Ord. #1235. First Reading. 3. Off -Street Parking and Loading - Discussion and possible action to amend Chapter 18 of the code regarding requirements for non-residential parking lots, lighting requirements for non-residential parking lots, and handicap parking requirements by . Temp. -Ord. #1242. First Reading. - 4. Residential Zgninq District Re uirements Discussion and possible action to amend Chapter 28 of the Zoning Code by revising the minimum net floor area table by Temp. d. #1240. First Reading. The public is invited to attend. Marilyn Bertholf, CMC 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. • CITY OF TAMARAC, FLORIDA SPECIAL CITY COUNCIL MEETING March 19, 1986 Tape 1 CALL TO QRDER: Mayor Bernard Hart called the meeting to order on Wednesday, March 19, 1986, at 7:00 P.M. in the Council Chambers. ROLL CALL: PRESENT: Mayor Bernard Hart Vice Mayor Sydney M. Stein Councilwoman Helen Massaro Councilman Jack Stelzer Councilman Arthur H. Gottesman ALSO PRESENT: Larry Perretti, City Manager Richard Rednor, Associate City Attorney Marilyn Bertholf, City Clerk Patricia Marcurio, Secretary 1. TrgfficWays I ro ent Contribution -- Discussion and pos- sible action to amend Chapter 24 of the Code by creating a new Article 8, Fair Share Contribution for Road Improvements by Temp, Ord #1234. First Reading. SYNOPSIS OF ACTION: APPROVED on first reading. Public Hearing was held. Mr. Rednor read T-emp. Ogd. #1234 by title. C/W Massaro said Line 7 of the title should read as follows: "Providing for rules of construction; providing for definitions; providing for fair share fee to be imposed on new land development activity generating traffic; providing for time of payment; providing for use of funds collected; providing for trust funds established; providing for time of payment; providing for exemption and credit; providing for liberal construction; providing for codification; and providing an effective date." Mayor Hart opened the public hearing and Planning Commissioner Martin Schoenfeld asked if there should not be a Motion to accept the Affidavit of Publication. The City Clerk said that was not required and Mayor Hart closed the public hearing with no further response. V/M Stein MOVED APPROVAL of Temp. 0 d. #1234 on first reading, SECONDED by C/W Massaro. C/M Stelzer asked if the fees imposed, being only 50% of the total cost, would require the City to match the amounts spent out of the trust fund when the construction is done. V/M Stein said the City is establishing the right to impose these funds estimating that the total cost is 50%. He said the construction will be done by the City. C/W Massaro said this would be to accummulate a fund to make corrective work in various places that are not new projects because in new projects, the developer will be required to do everything connected with that project. She said this money is in addition to that and will create an escrow fund specifically for other work. C/M Stelzer referred to Page 9, Line 12, Option One, which reads, "The fair share fees set out in the schedule below will only recover for the City 50% of those fair share fees which the traffic impact analysis has documented...". He questioned if the City would pay the other 50%. 1 / 3/19/86 J /pm Thelma Brown, City Planner, said the fees established within the guidelines of this Ordinance were 50% of that which Broward Courr charges for their road improvement. She said the City needed a base to calculate that which Tamarac would need to do the road improvement that a project would impact throughout the City. She said the monies that would be utilized from this trust account would not be matched with City funds unless the City did not have enough funds to do the road improvements needed. Ms. Brown said this is a trust fund that would be utilized by the City in the best interests of the community to correct roadways, to provide for turning lanes that do not now exist but not for the construction of new areas that the developer would be responsible for. She said normally when road improvements are needed, the City would pay for them and this is giving the City a tool by which the City would be collecting from the generated source, namely, the developer, so that the taxpayers would not have to contribute that money somewhere else. C/M Gottesman referred to Page 10, Table 14, "Single Family (de- tached), Townhouse and Other Residential". He said there is a possibility that other residential or townhouses could have more square footage than a single family house, which has the highest impact fee. He suggested this be reviewed further. C/W Massaro said the third Whereas clause on Page 1, Line 21, explains that this was determined in the Kimley-Horn report. She questioned how this could be supported in Court if this report w not used as a basis. VOTE: ALL VOTED_ AYE 2. Traffic Signalization Improvement Contribution - Discussion and possible action to amend Chapter 7 of the Code by creating a new Article III, Traffic Signalization by Temp. Ord. #1235 First Reading. 9YNQP,h,I$ QF ACTION: APPROVED ion first reading as amended. Public Hearing was held. Mr. Rednor readTem d #1235 by title. Mayor Hart opened and closed the Public Hearing with no response. V/M Stein MOVED APPROVAL of Temp.Ord._#1235 on first reading, SECONDED by C/M Gottesman. C/M Stelzer asked if there was a professional study done to deter- mine the amount of $.40 per square foot and Thelma Brown said the signalization Ordinance that is proposed is not one that is norm- ally on file with any City in Broward County. She said this Ord- inance before Council tonight indicates those fees which are normally being charged by the County under a policy form in orde At to determine the need for traffic signalization. Ms. Brown said the square footage formula in the Ordinance is needed for each development coming before Council for approval to pay for their share of generating traffic. She said the answer to C/M Stelzer's question is that there is no study or Ordinance available and there is a basis only in a policy at the County level for this. 2 3/19/86 J /pm Ms. Brown said this is the first Ordinance in Broward County to be adopted. She said each City in the County finding out about this has called requesting to be advised of the content of this Ordinance since they need the same Ordinance. C/W Massaro referred to Page 2, Line 18, "7-15", noting that it should read, "The City Staff shall be responsible for calculating the necessary fee for traffic signalization needs using the formula of twenty-five percent (25%) of the "gross" instead of "total" land area times forty cents ($.40) per square foot of gross area." She said the word "land" on Line 22 should be removed. C/W Massaro referred to Page 1, Line 25, noting that it should read, "...share in the fair share cost of thg signalization needs of the community". She said on bottom of Page 1, next to the second line, should read, "...other than...", instead of "...other that...". VOTE: ALL VOTED AYE 3. Off -Street Parking and Loading - Discussion and possible action to amend Chapter 18 of the Code regarding requirements for non- residential parking lots, lighting requirements for non- residential parking lots, and handicap parking requirements by Temp. Ord. #1242. First Reading. SYNOPSIS OF ACTION: APPROVED on first reading. Public Hearing Ir was held. Mr. Rednor read Temp. Ord. #1242 by title. Mayor Hart opened the Public Hearing. Planning Commissioner, Martin Schoenfeld said he wrote a memo concerning creating an Ordinance for this situation. He said this came about because of several conditions that are created in the City and he referred, in particular, to Three Lakes Plaza. He said in this instance the Planning Commission granted limited waiver for 90-degree parking in the rear areas of the shopping center. He said Mr. Sartori, the owner of the shopping center, stipulated that he would use this area for the employees. Planning Commissioner Schoenfeld said when this area is observed, in most instances, the rear parking is not used. He said the copy of the Ordinance that he reviewed was very different from what the Planning Commission had approved. C/W Massaro said Council has received copies of the Planning Commission Minutes regarding this item and those suggestions should be included in there. Mayor Hart suggested that Planning Commissioner Schoenfeld submit a memo.to Council for further study by Council and he closed the Publ-ic Hearing with no further response. V/M Stein said there are many cross -parking agreements in the City and -Whether people use them or not, people are still allowed to ha-# cross parking. He said if a person provides sufficient parking with sufficient lighting in that area, the fact that the people do not use the rear parking area is not the fault of the owner. He said as an example, 80% of Coral Square Shopping Cen- ter's parking is in the rear and not in the front. i 3 3/19/86 /pm C/W Massaro said it is a confiscation of people's property to only allow 15% for parking in the rear. C/M Gottesman noted that lighting in the rear of many parking areas is shot out and Council members noted that there is nothing that can be done about that. C/M Stelzer MOVED APPROVAL of Temp. Ord_,__#_1242 on first reading, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 4. Residential Zoning District Requirements - Discussion and possible action to amend Chapter 28 of the Zoning Code by revising the minimum net floor area table by Temp. -Ord. #1240. First Reading. SYNOPSIS -OF ACTION: TABLED at the suggestion of the City Attorney. Mr. Rednor read Temp. Ord. #1240 by title. Mayor Hart opened the public hearing. Vickie Beech, resident, asked for comment on this Ordinance by staff. City Planner, Thelma Brown, said the new requirements are: Efficiency - 600 square feet One -Bedroom - 800 square feet Two -Bedrooms - 1100 square feet Three -Bedrooms - 1300 square feet plus 150 square feet fo each bedroom in excess of the third bedroom Mayor Hart closed the Public Hearing with no further response. V/M Stein MOVED to TABLE this item at the suggestion of the Consul- tant City Attorney, for further review by him. SECONDED by C/M Gottesman. Planning Commissioner Schoenfeld suggested this Ordinance be approved on first reading since time is important on this item. Mayor Hart said the Public Hearing has been held and the MOTION to TABLE this item stands. VOTE: ALL VOTED AYE Mayor Hart adjourned the meeting at 7:40 P.M. -A (I A A/ MAYOR AtTTEST: Az&� CITY CLE This public document was promulgated at a cost of $85.20 or $3.95 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 AREROVED AT MEETING OF �d� City •Ckfx 4 3/19/86 v /pm