Nov 01, 2023 Planning Board

GOOD MORNING. IT IS NOW 903 AND WE CAN START THE MEETING.

[1. Call to Order]

[00:00:15]

CAN WE HAVE THE PLEDGE OF ALLEGIANCE? I PLEDGE ALLEGIANCE TO THE FLAG, AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS.

ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR.

THANK YOU. WE'LL NOW BE DOING THE ROLL CALL .

THANK YOU. CAN WE HAVE?

[4. Minutes]

I SECOND.

THANK YOU.

. MOTION TO APPROVE THE MINUTES OF THE LAST MEETING PASSED.

THANK YOU. ARE THERE ANY DISCLOSURES FROM THE PLANNING BOARD? HEARING NONE? NO. WE'LL NOW TURN TO THE CITY ATTORNEY.

ANY QUASI-JUDICIAL PROCEEDINGS.

SO THERE'S NO ONE TO SWEAR IN TODAY.

OKAY. THANK YOU FOR CLARIFYING THAT.

YEAH. HENCE WE HAVE NO PUBLIC PARTICIPATION.

WE CAN ALWAYS ALLOW PUBLIC COMMENT, BUT SINCE WE DON'T APPEAR TO HAVE ANY MEMBERS OF THE PUBLIC, WE CAN MOVE ON FROM THAT AS WELL.

OKAY. SO, NO PUBLIC HEARING.

SO, WE'LL MOVE ON TO THE ITEM NUMBER 8.A.

[8.a TO2543 - An ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 10 of the City of Tamarac Code of Ordinances, entitled “Land Development Code” amending Article 2, entitled “Zoning Districts” amending Section 10-10-2.7(C), entitled “Woodlands Overlay District”, by specifically amending Subsection 10-2.7 (C)(4) entitled “General Maintenance Standards” to remove certain restrictions on fences and hedges; providing for codification; providing for conflicts; providing for severability; and providing for an effective date.]

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA.

AMENDING CHAPTER TEN OF THE CITY OF TAMARAC.

CODE OF ORDINANCES ENTITLED LAND DEVELOPMENT CODE.

AMENDING ARTICLE TWO ENTITLED ZONING DISTRICTS AMENDING SECTION 1010-2.7, SUBSECTION C, ENTITLED WOODLANDS OVERLAY DISTRICT.

BY SPECIFICALLY AMENDING OF SECTION TEN 2.7, SUBSECTION C, SUBSECTION FOUR, ENTITLED GENERAL MAINTENANCE STANDARDS TO REMOVE CERTAIN RESTRICTIONS ON FENCES AND HEDGES, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.

WE HAVE A PRESENTATION BY STAFF.

YES. OKAY. THANK YOU.

GOOD MORNING, BOARD MEMBERS.

IT'S GOING TO BE A SHORT PRESENTATION AND HOPEFULLY A SHORT MEETING.

OKAY TO TODAY, WE'RE HERE TO DO A TEXT AMENDMENT TO LAND DEVELOPMENT CODE FOR THE WOODLAND OVERLAY DISTRICT, JUST AS A VERY SHORT DEFINITION OF WHAT AN OVERLAY DISTRICT IS FOR, FOR THE BENEFIT OF EVERYONE.

THE OVERLAY DISTRICT IS A REGULATORY TOOL THAT CREATES ADDITIONAL RESTRICTIONS OR ZONING REQUIREMENTS ON A ZONING DISTRICT.

WE PLACE IT OVER AN EXISTING BASE ZONE SO SPECIAL PROVISIONS CAN BE ADDED IN ADDITION TO THOSE UNDERLYING AND THE UNDERLYING ZONING DISTRICT.

SO IN THIS CASE, THIS IS THE WOODLANDS IS A RESIDENTIAL ESTATE.

IT ALREADY HAS ITS OWN ZONING PARAMETERS.

WE CAN ADD ADDITIONAL PARAMETERS WITH THE OVERLAY DISTRICT.

THE OR THE WOODLANDS OVERLAY DISTRICT WAS INITIALLY ADOPTED BY ORDINANCE IN 2004 AND IS CURRENTLY CODIFIED IN SECTION 10-2.7 OF THE CITY'S LAND DEVELOPMENT CODE.

[00:05:06]

THE OVERLAY DISTRICT IS NOT ONLY INTENDED TO PROVIDE GUIDELINES TO ENSURE THE PRESERVATION OF THE WOODLANDS COMMUNITY VISUAL INTEGRITY, BUT TO ALSO ENSURE THAT EVERY PROPERTY IS MAINTAINED IN ACCORDANCE WITH THE COMMUNITY STANDARDS.

THE PURPOSE OF THE TEXT AMENDMENT IS IN RESPONSE TO A REQUEST FROM THE WOODLAND.

SECTION ONE HOA AND SECTION FOUR HOA TO REMOVE RESTRICTIONS ON FENCES AND HEDGES.

OUR EIGHT SECTIONS IN CURRENTLY IN THE WOODLANDS SECTION ONE HAVE 422 HOMES, SO REPRESENT 422 HOMEOWNERS.

SECTION FOUR 341.

THE TOTAL IN THE WOODLANDS IS 893.

SO, THIS IS REALLY THE MAJORITY OF THE HOMEOWNERS WHO REQUESTED THIS TEXT AMENDMENT.

IT'S A VERY SHORT AND SIMPLE TEXT AMENDMENT TO SECTION 10-2.74.

IN SUBSECTION C AND D, ACTUALLY LANGUAGE WAS REMOVED.

BASICALLY, THAT WAS IT.

FENCES ARE PERMITTED AND ONLY WHEN THE FENCE WILL BE USED AS A SAFETY BARRIER TO ENCLOSE A POOL THAT WAS STRICKEN OUT.

SO NO LONGER THE REQUIREMENT TO.

IT'S ONLY IN CASE OF A SWIMMING POOL.

SO SOMEBODY WITHOUT A SWIMMING POOL CAN NOW INSTALL A FENCE AND THE REMAINING OF THE LANGUAGE REMAIN.

FENCES SHALL BE CONSTRUCTED OF NON-POROUS MATERIALS, SPECIFICALLY METAL, ALUMINUM OR PLASTIC, AND SHALL BE PAINTED BLACK, DARK GREEN, WHITE OR BRONZE IN COLOR.

AGAIN, THE PART AND HIDDEN FROM VIEW WITH A CONTINUOUS HEDGE ALSO WAS STRICKEN OUT.

THE PROPERTY OWNER SHALL RECEIVE ALL REQUIRED PERMITS FROM THE CITY PRIOR TO INSTALLATION.

SECTION. SUBSECTION D DEALS WITH HEDGES.

HEDGES ARE PERMITTED AND SHALL BE MAINTAINED UNIFORMLY AT A HEIGHT NOT TO EXCEED SIX FEET.

WHAT WAS STRICKEN OUT, AND SO AS NOT TO OBSTRUCT THE NEIGHBORING PROPERTY OWNER'S VIEW OF THE GOLF COURSE OR WATER BODIES.

JUST FOR YOUR INFORMATION, THIS ITEM IS ALREADY BEEN PRESENTED TO THE CITY COMMISSION ON FIRST READING AND IT HAS BEEN MODIFIED SLIGHTLY PER THEIR RECOMMENDATION.

SO NOW TODAY IS COMING TO YOU AND IT'S GOING TO GO FROM HERE TO THE SECOND READING.

THE THE REVIEW STANDARDS FOR FOR A TEXT AMENDMENT ARE LISTED HERE.

WE HAVE SEVEN IS CONSISTENT WITH THE COMPREHENSIVE PLAN.

CONFLICTS WITH ANY OTHER PROVISION OF THE CODE WITH OF THIS CODE OF THE TAMARAC CITY CODE.

IT DOES NOT. IT'S JUST SPECIFICALLY FOR THE WOODLANDS OVERLAY DISTRICT IS REQUIRED BY CHANGE CONDITIONS.

YES. PROPERTIES AND PROPERTY OWNERS WANT, DON'T DO THAT ADDITIONAL LIBERTY WITH LET'S SAY TO TO INSTALL FENCES EVEN IF THEY DON'T HAVE SWIMMING POOL FOR INSTANCE ADDRESS DEMONSTRATED COMMUNITY NEEDS.

WE WE THE CITY WAS RECEIVED THE REQUEST FROM THE CITY HOA PRESIDENT.

TWO OF THEM IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE ZONING DISTRICT IN THIS ORDINANCE OR WOULD IMPROVE COMPATIBILITY AMONG USERS AND WOULD ENSURE EFFICIENT DEVELOPMENT WITHIN THE CITY.

YES, WOULD RESULT IN A LOGICAL AND ORDERLY DEVELOPMENT PATTERN AND WOULD AVOID SIGNIFICANTLY ADDRESS IMPACTS ON THE NATURAL ENVIRONMENT, INCLUDING BUT NOT LIMITED TO WATER, AIR, NOISE, STORMWATER MANAGEMENT, WILDLIFE, VEGETATION, WETLAND AND THE NATURAL FUNCTION OF THE ENVIRONMENT.

SO BASICALLY, IT'S JUST A SLIGHT ADJUSTMENT TO THE OVERLAY DISTRICT.

OTHER THERE ARE SEVERAL OTHER PROVISIONS.

THIS IS ONLY REQUIRED CONCERNING FENCES AND HEDGES.

THE DIRECTOR OF COMMUNITY DEVELOPMENT RECOMMENDS THAT THE PLANNING BOARD FORWARD A FAVORABLE RECOMMENDATION OF APPROVAL FOR THE ADOPTION OF THE PROPOSED TEXT AMENDMENT TO CHAPTER TEN, ARTICLE TWO, ENTITLED ZONING DISTRICTS AMENDING SECTION 10-2.7 C OF THE CITY OF TAMARAC CODE OF ORDINANCES ENTITLED WOODLANDS OVERLAY DISTRICT, SPECIFICALLY AMENDING SUBSECTION 10-2.7 C 4, ENTITLED GENERAL MAINTENANCE STANDARDS TO REMOVE CERTAIN RESTRICTIONS ON FENCES AND HEDGES TO THE CITY COMMISSION ON SECOND READING AT ITS NOVEMBER 8TH, 2023 MEETING.

AND I'M OPEN TO ANY QUESTIONS YOU MIGHT HAVE.

THANK YOU, SIR. THANK YOU SO MUCH.

AND DID I SAY FOR THE RECORD, MY NAME IS MAHA MANSOUR.

COMMUNITY DEVELOPMENT DEPARTMENT.

THANK YOU, MADAM. DO WE HAVE ANY QUESTIONS? GO AHEAD. WERE THE IMPACTED HOMEOWNERS NOTIFIED? WRITTEN NOTIFICATION OF THIS PROPOSED AMENDMENT.

IT CAME FROM THE HOA ITSELF.

SO REQUEST WE THE CITY RECEIVED THE REQUEST FROM THE HOA, SECTION ONE AND SECTION FOUR.

IN THE BACKUP IT SAYS WE RECEIVED A LETTER FROM THE HOA PRESIDENTS.

YES. THAT DOESN'T MEAN THE HOA KNOWS ANYTHING ABOUT IT.

[00:10:04]

NO HE OR SHE HAS NO AUTHORITY TO SPEAK FOR THE, YOU KNOW, INDEPENDENTLY ON BEHALF OF THE WHOLE HOA.

I'M NOT AWARE OF ANY MEETING.

MAXINE YEAH, I APOLOGIZE ERIC COULD YOU JUST REPEAT THE QUESTION? WAS WRITTEN NOTICE SENT OUT TO THE PROPERTY OWNERS OF THIS PROPOSED AMENDMENT TO THE ORDINANCE.

NO WRITTEN NOTICE WAS NOT SENT OUT, BUT A MEETING WAS HELD WITH THE PROPERTY OWNERS AND IT WAS DISCUSSED AND THE CONSENSUS WAS OBTAINED FOR THE HOA PRESIDENT TO THEN SEND THE FORMAL REQUEST.

WE KNOW FOR A FACT THAT THAT MEETING WAS HELD, OR SOMEBODY JUST TOLD US THAT THAT MEETING WAS HELD.

THAT'S WHAT WE WERE ADVISED AT THE MEETING.

WE TYPICALLY DON'T ATTEND THOSE MEETINGS.

OKAY. THANK YOU.

ANY OTHER QUESTIONS? I HAVE A QUESTION MYSELF.

MAYBE A SIDE NOTE, BUT FOR THE OVERLAY DISTRICT, CAN ANY NEIGHBORHOOD HAVE AN OVERLAY DISTRICT? THERE IS A PROCESS TO GO THROUGH.

IT'S NOT THAT ANY ANY NEIGHBOR CAN EVENTUALLY REQUEST.

I DON'T KNOW IF IT WILL BE GRANTED OR NOT.

THERE ARE CRITERIA THAT THEY HAVE TO BE MET.

OKAY. OKAY.

AND THERE ARE SOME UNIQUENESS WITH THIS OVERLAY DISTRICT.

IT'S NOT SOMETHING THAT WE TYPICALLY SUPPORT BECAUSE OF THE STANDARDS THAT ARE CONTAINED IN THE OVERLAY DISTRICT.

IT'S NOT CONSISTENT WITH TRADITIONAL ZONING OVERLAY DISTRICT.

THIS IS MORE OF HOA REQUIREMENTS.

BUT THIS COMMUNITY HAS HAD ISSUES FOR SEVERAL YEARS RELATED TO A GENERAL HOA.

THERE ARE EIGHT SECTIONS IN THIS COMMUNITY, AND THEY HAVE ATTEMPTED FOR YEARS TO HAVE A MASTER SECTION TO GOVERN ALL 800 HOMES, AND THAT IS NOT THAT WAS NOT ACHIEVED.

AND SO WHAT THE CITY COMMISSION DID WAS ESTABLISH THIS OVERLAY DISTRICT WITH A SUNSET PERIOD, WHICH IS EXPECTED TO TERMINATE 2025. OKAY.

IN REGARDS TO THE FENCE.

I KNOW, I KNOW THE CHARACTERISTICS OF THE FENCE WEREN'T MENTIONED HERE.

WOULD THAT BE COVERED UNDER THE GENERAL TAMARAC CODE, MEANING THE HEIGHT, THE LOCATION, THE TYPE? WE HAVE VERY SIMILAR CODE, BUT ALSO THERE ARE SPECIFIC REQUIREMENTS FOR HOA.

FOR INSTANCE, IN MY HOA EITHER COULD BE THE WHITE PLASTIC OR CHAIN LINK.

IT COULD NOT BE ANYTHING ELSE.

SO ALSO THESE ARE RESTRICTIONS IMPOSED BY THE HOA.

AND THIS THESE VARIATIONS ARE ALREADY THERE IN THE WOODLANDS.

SO, THEY APPROVED AS SUCH.

IT'S ALREADY IN THERE. OKAY.

OKAY. I THINK THAT'S ALL I HAVE.

ANY OTHER QUESTIONS? GO AHEAD. VIOLA. YES.

IS ANYTHING GOING TO BE DONE TO THE EXISTING HOMES TO MAKE SURE THEY MAINTAIN THEIR SECTIONS IN A MORE, IN A BETTER WAY THAN IT'S BEING MAINTAINED NOW? BECAUSE I'VE BEEN OVER THERE A FEW TIMES AND IT'S RUNNING DOWN.

YEAH. WELL, WE DO HAVE A BIG PROJECT MOVING IN HOPEFULLY.

AND THAT WILL BE THAT WILL BE A TRANSITIONAL PERIOD, I BELIEVE, OVER THE NEXT COUPLE OF YEARS WITH CONSTRUCTION GOING ON.

BUT OVERALL, WE EXPECT AN IMPROVEMENT FOR THE AREA.

SO, IS THERE ANYTHING THAT THE CODE ENFORCEMENT COULD DO? WELL, IF THERE IS A CODE ENFORCEMENT ISSUE, IF THERE IS A COMPLAINT, CODE ENFORCEMENT CAN DO SOMETHING ABOUT IT AS LONG AS IT'S NOT WITHIN THE PURVIEW OF THE HOA.

YEAH. OKAY.

OKAY. THANK YOU. CAN WE MOVE FOR A MOTION FOR APPROVAL OR DENIAL TO THE CITY COMMISSION? I SO MOVE, MADAM CHAIR.

I SECOND. MADAM CHAIR, IF I MAY GO BACK TO THE ROLL CALL BEFORE WE TAKE THE VOTE.

JUST FOR THE RECORD, NIKOLE CLAIRE AND ALEXANDRA ALVAREZ ARE ABSENT AND EXCUSED.

SO NOW FOR THE VOTE.

I'M SORRY. AND DID WE RECOGNIZE.

AND VIOLA IS NOT HERE PRESENT.

OKAY. THANK YOU.

LET THE RECORD SHOW.

OKAY, SO FOR THE VOTE.

CALL]. MOTION TO MAKE A FAVORABLE RECOMMENDATION TO THE CITY COMMISSION.

PASS 5 TO 0.

[00:15:02]

AND IF I MAY JUST ADD ONE THING FOR ERIC'S BENEFIT, THIS ITEM GOES FORWARD TO THE CITY COMMISSION ON THE NOVEMBER 8TH MEETING THAT WOULD BE PUBLISHED.

THE ORDINANCE WOULD BE PUBLISHED.

AND SO THAT WILL BE SOME NOTICE FOR THE COMMUNITY.

OKAY. THANK YOU. THANK YOU.

ARE THERE ANY REPORTS FROM THE BOARD? OKAY. SEEING NONE.

LET'S GO OVER TO THE DIRECTOR'S REPORT.

[10. Director's Report]

THERE'S A WORKSHOP FOR THE DEVELOPMENT AGREEMENT THAT WILL BE ON NOVEMBER 6TH.

AND THEN ON NOVEMBER 8TH AT 7 P.M., THE ITEM WILL BE HEARD ALONG WITH THE DEVELOPMENT AGREEMENT, THE LAND USE AMENDMENT THAT THIS BOARD CONSIDERED, AS WELL AS THE MAJOR REVISED SITE PLAN.

IN ADDITION TO THAT, THE CITY MANAGER'S OFFICE IS IN THE PROCESS OF PUTTING TOGETHER ANOTHER TRAINING SESSION SIMILAR TO.

I THINK SOME MEMBERS OF THIS BODY MIGHT HAVE ATTENDED A JOINT TRAINING SESSION WITH THE CITY COMMISSION IN THE PAST.

IT'S A CERTIFICATE TRAINING SESSION, LAND USE AND ZONING THAT WE'RE TRYING TO COORDINATE FOR EARLY JANUARY.

YOU'LL GET MORE INFORMATION ON THE DATE AND THE TIME.

WE ARE LOOKING FOR 20 PARTICIPANTS.

THE CITY, THE CITY COMMISSION WILL BE A PART OF THE TRAINING AS WELL AS THIS BOARD.

SO, I JUST WANTED TO PUT YOU ON NOTICE AND LET YOU KNOW.

AS THE TIME GETS CLOSER, WE'LL PROVIDE INFORMATION ON THE DATE AND THE TIME.

PERFECT. WE APPRECIATE THAT.

THANK YOU SO MUCH. I THINK THAT COVERS EVERYTHING ON THE DOCKET FOR THIS MORNING.

GREAT. MEETING ADJOURNED.

10:20. 10:19.

THANK YOU, GUYS. 9:20.

* This transcript was compiled from uncorrected Closed Captioning.