ADVANCE AGENDA BROWARD COUNTY PLANNING COUNCIL REGULAR MEETING AND PUBLIC HEARING JUNE 24, 2021 10:00 A.M. ROOM 422 - GOVERNMENTAL CENTER
Call to Order
Pledge of Allegiance
Roll Call
Oath of Office Ms. Carla Romaner (Appointed by Commissioner Mark D. Bogen)
Acknowledgement of Service Ms. Mary Graham (Planning Council Member – 2011 through 2021)
NOTED STAFF RECOMMENDATIONS PH 1 through PH 5 are recommended for approval.
PH 6 is recommended for approval, recognizing the applicant’s voluntary commitments regarding affordable housing and notification of future lessees and/or property owners regarding the proximity to the Pompano Beach Airpark.
CONSENT AGENDA
C 1 APPROVAL OF FINAL AGENDA FOR JUNE 24, 2021
C 2 JUNE 2021 PLAT REVIEWS FOR TRAFFICWAYS PLAN COMPLIANCE
Recommendation Planning Council Staff Recommendation: Approval. C 3 APPROVAL OF SUMMARY MINUTES OF APRIL 22, 2021
Recommendation Planning Council Staff Recommendation: Approval.
C 4 EXCUSED ABSENCE REQUESTS
REGULAR AGENDA
R 1 PERFORMANCE REVIEW: PLANNING COUNCIL ATTORNEY
R 2 PERFORMANCE REVIEW: PLANNING COUNCIL EXECUTIVE DIRECTOR
R 3 COUNSEL’S REPORT • 2021 State of Florida Legislative Summary
R 4 EXECUTIVE DIRECTOR’S REPORT • In person quorum requirements • Proposed Year 2022 Meeting Schedule and Application Deadlines • Initiation of Clean Up/Enhancement Amendments to the BrowardNext - Broward County Land Use Plan and Administrative Rules Document (To be provided prior to meeting date)
R 5 CORRESPONDENCE
PUBLIC HEARING AGENDA
QUASI-JUDICIAL HEARING
Please be advised that the following items on the Planning Council’s Agenda are quasi-judicial in nature. Those persons wishing to offer testimony will be sworn. Sworn witnesses will be subject to cross examination. Non-parties will not be permitted to cross examine witnesses but, at their request, the Council may ask questions of staff or other witnesses.
• Disclosure of Ex Parte Communication
PH 1 RECERTIFICATION PCR 21-9 Public Hearing on Recertification of the City of Pompano Beach Future Land Use Element – Map Amendments
Recommendation Planning Council Staff Recommendation of June 15, 2021: Recertify the City’s Future Land Use Element. 2 PH 2 RECERTIFICATION PCR 21-11 Public Hearing on Recertification of the City of Coral Springs Future Land Use Element – Map Amendment
Recommendation Planning Council Staff Recommendation of June 15, 2021: Recertify the City’s Future Land Use Element.
END OF QUASI-JUDICIAL HEARING
PH 3 RECERTIFICATION PCR 21-7 Public Hearing on Recertification of the City of Pembroke Pines Future Land Use Element – Text Amendment
Recommendation Planning Council Staff Recommendation of June 15, 2021: Recertify the City’s Future Land Use Element.
PH 4 RECERTIFICATION PCR 21-8 Public Hearing on Recertification of the City of Pompano Beach Future Land Use Element – Text Amendment
Recommendation Planning Council Staff Recommendation of June 15, 2021: Recertify the City’s Future Land Use Element.
PH 5 RECERTIFICATION PCR 21-10 Public Hearing on Recertification of the Town of Southwest Ranches Future Land Use Element – Text Amendment
Recommendation Planning Council Staff Recommendation of June 15, 2021: Recertify the Town’s Future Land Use Element.
PH 6 AMENDMENT PC 21-6 Public Hearing on Amendment to the Broward County Land Use Plan – City of Pompano Beach
Application From Commerce to Irregular (29.5) Residential.
3 PH 6 (continued)
Location Approximately 12.1 acres; generally located on the south side of Copans Road, between Federal Highway/U.S. 1 and Northeast 12 Terrace.
Recommendation Planning Council Staff Transmittal Recommendation of June 15, 2021: Approval, recognizing the applicant’s voluntary commitments to set aside 15% of the dwelling units for affordable housing and notification of future lessees and/or property owners regarding the proximity to the Pompano Beach Airpark. (See page I-1 of the amendment report for the full recommendation.) Further, Planning Council staff does not recommend a second Planning Council public hearing be required. Additionally, if the County Commission approves the amendment, this action by the Planning Council shall serve as the “conditional” recertification of the municipal plan.
OTHER BUSINESS
Planning Council Member Comments
Next Regular Scheduled Planning Council Meeting – August 26, 2021, at 10:00 a.m., in Room 422 of the Broward County Governmental Center. July 22, 2021 Meeting previously cancelled by Council.
At the hearing, any citizen, property owner, public official or local governmental representative shall be entitled to be heard for or against the subject of these hearings through the remote participation process, in person, or by correspondence addressed to the Planning Council. In accordance with Section 3.08 of the Broward County Planning Council Rules of Procedure, all persons are hereby advised that any presentation to the Broward County Planning Council should be as concise as possible and the Chair may limit the time of each individual to allow maximum participation by the public at large. In addition, by a majority vote, Planning Council members may limit the length of a meeting or of any agenda item or set a time for adjournment.
Information relative to these hearings may be obtained at the Planning Council’s office: Room 307, Governmental Center, 115 South Andrews Avenue, Fort Lauderdale, FL; Telephone: (954) 357-6695. A copy of the Broward County Land Use Plan text and map are on file at the Broward County Planning Council.
Notice to Members of the Public: If you wish to appeal any decision made by the Broward County Planning Council with respect to any matter considered at such meeting or hearing, you will need a record of the proceedings. You may thus need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
4 C 1
FINAL AGENDA TO BE DISTRIBUTED AT THE MEETING C 2
BROWARD COUNTY PLANNING COUNCIL PLAT REVIEWS FOR TRAFFICWAYS PLAN COMPLIANCE
Page 1 of 3 pages COUNCIL MEETING: June 24, 2021
RIGHT-OF-WAY RIGHT-OF-WAY PLAT TRAFFICWAYS EXISTING PLAT NAME LOCATION PLAN ADDITIONAL DEDICATION NUMBER AFFECTED RIGHT-OF-WAY REQUIREMENT BY PLAT
Sunrise Foundry Sunrise Commission District 1 010-MP-21 Pulice Land Surveyors, West side of Hiatus Road, between Hiatus Road 94’ None 47’ Dedication Required Inc. Northwest 44 Street and Northwest 50 Street
Davie Sunshine Gas - Davie Commission District 7 006-MP-21 Pulice Land Surveyors, 28-50-41 University Drive 200’ 100’ Half No Dedication Required Inc. Northeast corner of University Drive and Orange Drive
Deerfield Beach Centrum Deerfield Commission District 4 Beach 31-47-43 Federal 009-MP-21 120’ 60’ Half No Dedication Required Pulice Land Surveyors, West side of Federal Highway/U.S. 1, Highway/U.S. 1 Inc. between Eller Street/Northeast 2 Street and Northeast 4 Street
Davie Commission District 5 Chelsea Parc 33-50-41 012-MP-21 Pine Island Road 110’ 60’ Half No Dedication Required Pillar Consultants, Inc. South side of Southwest 48 Court, between Pine Island Road and Southwest 82 Avenue
Davie Commission District 7 Zona Place 26-50-41 013-MP-21 Calvin, Giordano & Davie Road 80’ 40’ Half No Dedication Required North side of Southwest 38 Court, Associates, Inc. between Southwest 63 Avenue and Davie Road/Southwest 64 Avenue BROWARD COUNTY PLANNING COUNCIL PLAT REVIEWS FOR TRAFFICWAYS PLAN COMPLIANCE
Page 2 of 3 pages COUNCIL MEETING: June 24, 2021
RIGHT-OF-WAY RIGHT-OF-WAY PLAT TRAFFICWAYS EXISTING PLAT NAME LOCATION PLAN ADDITIONAL DEDICATION NUMBER AFFECTED RIGHT-OF-WAY REQUIREMENT BY PLAT
Davie Commission District 7 441 Commercial Center 36-50-41 State Road 7/U.S. 014-MP-21 120’ 60’ Half No Dedication Required Pillar Consultants, Inc. West side of State Road 7/U.S. 441, 441 between Southwest 51 Street and Southwest 52 Court/Carolton Lane
Dania Beach Commission District 7 Atlantica at Dania Beach 35-50-42 005-MP-21 Leigh Robinson Kerr & None None None No Dedication Required South side of Northeast 2 Street, Associates, Inc. between Northeast 6 Avenue and Northeast 6 Court
Plantation Park Place Homes Commission District 5 007-MP-21 Deni Land Surveyors, 01-50-40 None None None No Dedication Required Inc. Southeast corner of Northwest 8 Street and Northwest 118 Avenue
Davie Peaceful Center Commission District 7 008-MP-21 Deni Land Surveyors, 35-50-41 None None None No Dedication Required Inc. Southeast corner of Southwest 48 Street and Southwest 55 Terrace
Hollywood ZE Commission District 7 011-MP-21 McLaughlin Engineering 05-51-42 None None None No Dedication Required Company South of Stirling Road, between North 31 Avenue and North 32 Court BROWARD COUNTY PLANNING COUNCIL PLAT REVIEWS FOR TRAFFICWAYS PLAN COMPLIANCE
Page 3 of 3 pages COUNCIL MEETING: June 24, 2021
RIGHT-OF-WAY RIGHT-OF-WAY PLAT TRAFFICWAYS EXISTING PLAT NAME LOCATION PLAN ADDITIONAL DEDICATION NUMBER AFFECTED RIGHT-OF-WAY REQUIREMENT BY PLAT
Pompano Beach Commission District 4 03-49-42 Pompano Park Racino II 015-MP-21 West side of the C.S.X. Railroad, None None None No Dedication Required Keith between Pompano Park Place/Southwest 3 Street and Cypress Bend Drive C 3
SUMMARY MINUTES BROWARD COUNTY PLANNING COUNCIL APRIL 22, 2021
MEMBERS Thomas H. DiGiorgio, Jr., Chair PRESENT: Commissioner Angelo Castillo, Secretary Robert Breslau Mayor Felicia Brunson, via telephone Denise Birdsong Fernandez, via telephone Mayor Michelle J. Gomez Mary D. Graham Richard Grosso, via telephone Mayor Rex Hardin Chadwick Maxey Commissioner Bernie Parness Commissioner Nan H. Rich, via telephone David Rosenof Vice Mayor Beverly Williams, via telephone
MEMBERS Brion Blackwelder ABSENT: School Board Member Patricia Good, Vice Chair Mayor Michael J. Ryan
ALSO Barbara Boy, Executive Director PRESENT: Andrew Maurodis, Legal Counsel Carlos Adorisio, Broward County Environmental Engineering and Permitting, via telephone Nancy Cavender, The Laws Group
A meeting of the Broward County Planning Council, Broward County, Florida, was held in Room 422 of the Government Center, Fort Lauderdale, Florida, at 10:00 a.m., Thursday, April 22, 2021.
The meeting quorum and format were consistent with Section 1-233 of the Broward County Code of Ordinances regarding advisory boards utilizing communications media technology in the form of telephonic conferencing during a declared state or local emergency. To promote social distancing and avoid risk of additional community spread of the Coronavirus (COVID-19), this Public Hearing was not open to physical attendance by members of the public or the media. Members of the community were able to participate utilizing telephonic conferencing, as well as view the live meeting via webcast. Page 2 of 7
CALL TO ORDER
The Chair called the meeting to order.
PLEDGE OF ALLEGIANCE
Secretary Angelo Castillo led everyone in reciting the Pledge of Allegiance.
ROLL CALL
Following the Roll Call by the Real Time Reporter, the Chair declared a quorum present.
REAPPOINTMENT
The Chair acknowledged and congratulated the Council’s reappointed member, Vice Mayor Beverly Williams, on behalf of Commissioner Dale V.C. Holness.
CONSENT AGENDA
C 1 APPROVAL OF FINAL AGENDA FOR APRIL 22, 2021
C 2 APRIL 2021 PLAT REVIEWS FOR TRAFFICWAYS PLAN COMPLIANCE
C 3 APPROVAL OF SUMMARY MINUTES OF JANUARY 28, 2021 AND FEBRUARY 25, 2021
C 4 EXCUSED ABSENCE REQUESTS • Brion Blackwelder • School Board Member Patricia Good
Following the Chair’s request for a motion, a motion was made by Secretary Castillo and seconded by Mayor Gomez to approve the Consent Agenda. The Planning Council unanimously approved the Consent Agenda, Items C1 through C4.
REGULAR AGENDA
Prior to the start of the Regular Agenda, Ms. Boy noted the additional agenda materials that were received and sent to all Planning Council members regarding Items R 2 (email from the Broward County Office of the County Attorney) and PH 6 (correspondence from interested parties and PowerPoint presentation). The Council accepted the additional agenda material without objection.
R 1 FISCAL YEAR 2022 BUDGET PROPOSAL
Ms. Boy reported to the Board that the Fiscal Year 2022 budget proposal of $1.267 million dollars is an increase of 4.5% over Fiscal Year 2021 due to increases in personal service line items and no changes to the operating budget. Ms. Boy also noted the lower revenue estimate was in part due to fee exemptions for land use plan amendments that are filed with at least a 15 percent set aside for affordable housing subject to a legally enforceable mechanism.
Page 3 of 7
Following the Chair’s request for a motion, a motion was made by Secretary Castillo and seconded by Mayor Gomez to recommend approval of the proposed budget and to forward the same to the County Commission. The motion was unanimously approved.
R 2 Local Planning Agency Review: Proposed Revisions to the Broward County Code of Ordinances, Chapter 27, Article V, Water Resource Management, Sections 27-192 and 27-200, Establishing a Future Conditions 100-Year Flood Elevation Map.
Ms. Boy reported that the proposed revisions are consistent with climate resiliency, water resource management and wellfield strategies and policies and staff recommends to transmit the same to the Broward County Board of County Commissioners.
Mr. Carlos Adorisio from the Broward County Environmental Engineering and Permitting Division gave an overview of the proposed revision and noted that the establishment of the map will set the development standard for future planning and regulatory purposes.
The Council engaged in a brief discussion and questions.
Following the Chair’s request for a motion, a motion was made by Secretary Castillo and seconded by Mayor Hardin to find the proposed revisions consistent with the policies of the Broward County Land Use Plan and transmit same to the Board of County Commissioners. The motion was unanimously approved.
The Chair also directed Planning Council staff to invite the County’s Environmental staff to a future meeting to make a presentation regarding sea level rise, drainage and flooding policies and issues.
R 3 COUNSEL’S REPORT • Hybrid Virtual/In-Person Public Participation for Future Meeting Dates
Mr. Maurodis updated the Council on Hybrid Virtual/In-Person public participation for future meetings starting May 4th.
R 4 EXECUTIVE DIRECTOR’S REPORT • Upcoming Planning Council Meeting Schedule
Ms. Boy suggested that the Council could consider cancelling the May meeting and moving those items to the June 24, 2021, meeting date, as It would result in having more consistency in the meeting schedule, as the July meeting had previously been cancelled. Without objection, the Council cancelled the May meeting date.
Ms. Boy noted that she will send a survey to the Council Members regarding the Member’s preference for the receipt of agenda materials.
R 5 CORRESPONDENCE
(No correspondence)
Page 4 of 7
PUBLIC HEARING AGENDA
Ms. Boy advised the Council that items PH 1 through PH 5 are recommended for approval by the Planning Council staff and have no public speakers with the exception of the applicants. Ms. Boy advised the Council that there were 16 public speakers signed in for Item PH 6, including the City of Margate, as the applicant, as well as interested parties. It was further noted that Item PH 6 was recommended for provisional recertification by the Planning Council staff. The Chair asked if Planning Council members wanted to pull any items other than PH 6. Ms. Graham requested that Item PH 3 be pulled for discussion.
Following the Chair’s request for a motion, a motion was made by Secretary Castillo and seconded by Mayor Hardin to approve items PH 1, PH 2, PH 4 and PH 5 per Planning Council staff recommendations. The motion was unanimously approved.
PH 1 RECERTIFICATION PCR 21-5 Public Hearing on Recertification of the City of Oakland Park Future Land Use Element - Text Amendment
(Previously approved)
PH 2 RECERTIFICATION PCR 21-6 Public Hearing on Recertification of the City of Fort Lauderdale Future Land Use Element - Text Amendment
(Previously approved)
PH 3 FLEXIBILITY UNIT RELEASE REQUEST PCUFZ 21-1 Public Hearing on Flexibility Unit Release Request - City of Fort Lauderdale
Ms. Boy gave an overview of the request to release the next 5,000 flexibility units from the City of Fort Lauderdale’s flexibility unit pool, including a facilities and services summary. Ms. Boy noted that the request is not a site specific allocation.
The members engaged in a brief discussion.
Following the Chair’s request for a motion, a motion was made by Mayor Hardin and seconded by Commissioner Parness to approve the request per Planning Council staff recommendation. The motion was unanimously approved.
PH 4 AMENDMENT TO THE “ADMINISTRATIVE RULES DOCUMENT: BROWARDNEXT”
(Previously approved)
PH 5 AMENDMENT PCNRM 21-1 Public Hearing on Update of the Broward County Natural Resource Map Series - Cultural Resources/Local Areas of Particular Concern: Historic Sites Map
(Previously approved)
Page 5 of 7
PH 6 RECERTIFICATION PCR 21-1 Public Hearing on Recertification of the City of Margate Future Land Use Element – Text Amendment
Ms. Boy noted that this recertification request was continued by the Council from its January public hearing and gave an overview of the recertification request, including the Council’s role, the State of Florida statutory process and a description of the report updates, analysis and attachments. Ms. Boy stated that the Planning Council staff recommended approval of the provisional recertification of the City’s future land use element and the City agreed to address the deficiencies within one year.
The Chair called for the public speakers.
Speakers: Bill Laystom, Esq., Doumar Allsworth, Laystrom, et al., on behalf of the City of Margate Michele Mellgren, SEPI Consultants, on behalf of the City of Margate Mayor Arlene Schwartz, City of Margate Andrew VanValin, New Urban Communities (Opposed) Tim Hernandez, AICP, Principal, New Urban Communities (Opposed) (presented a PowerPoint on file with the Planning Council) John L. Renne, Ph.D., AICP, Professor of Urban Planning (Opposed) Joseph Kohl, CNU, Principal, Dover, Kohl & Partners (Opposed) Marcela Camblor, AICP, Principal, Marcela Camblor & Associates, Inc. (Opposed)
The following speakers signed in and did not speak: Kevin Rickard, New Urban Communities (requested to yield time to Tim Hernandez) Michael W. Moskowitz, Esq., on behalf of New Urban Communities (requested to yield time to Tim Hernandez) Cale Curtis, City Manager, City of Margate, Questions Only Janette Smith, Esq., City Attorney, City of Margate, Questions Only Elizabeth Taschereau, City Planner, City of Margate, Questions Only Robert Meehan, Planner, City of Margate, Questions Only Jeff Katims, SEPI Consultants, on behalf of the City of Margate, Questions Only Kaitlyn Forbes, SEPI Consultants, on behalf of the City of Margate, Questions Only
At the conclusion of the public speakers, the Council Chair asked the City of Margate to make any closing remarks or clarifications. Mr. Laystrom, representing the City of Margate, followed up.
The Chair called on each Council member in reverse alphabetical order for comments, questions and discussion. The following topics were discussed by the Council members, with the City of Margate and Planning Council staff responding to questions or discussion points as appropriate:
• The Council’s role and rules/guidelines for recertification requests; • Clarification of the Broward Metropolitan Planning Organization’s role in recertification requests; and • The status and legal applicability of the State Road 7 Collaborative.
(Secretary Castillo left the meeting)
Page 6 of 7
Following the Chair’s request for a motion, a motion was made by Mr. Maxey and seconded by Mayor Gomez to approve the provisional recertification per Planning Council staff recommendation. The Chair called for a roll call vote and the motion was approved 9 to 4 with the following votes:
Robert Breslau Yes Mayor Felicia Brunson Yes via telephone Denise Birdsong Fernandez Yes via telephone Mayor Michelle J. Gomez Yes Mary D. Graham Yes Richard Grosso No via telephone Mayor Rex Hardin Yes Chadwick Maxey Yes Commissioner Bernie Parness No Commissioner Nan H. Rich No via telephone David Rosenof No Vice Mayor Beverly Williams Yes via telephone Thomas H. DiGiorgio, Jr., Chair Yes
A second motion was made by Mr. Maxey and seconded by Mayor Hardin to request that the City of Margate provide an update to staff prior to the full recertification updating the Planning Council on their commitment to the State Road 7 Collaborative. The Chair called for a roll call vote and the motion failed 3 to 10 with the following votes:
Robert Breslau No Mayor Felicia Brunson No via telephone Denise Birdsong Fernandez No via telephone Mayor Michelle J. Gomez No Mary D. Graham No Richard Grosso No via telephone Mayor Rex Hardin Yes Chadwick Maxey Yes Commissioner Bernie Parness No Commissioner Nan H. Rich No via telephone David Rosenof No Vice Mayor Beverly Williams No via telephone Thomas H. DiGiorgio, Jr., Chair Yes
OTHER BUSINESS
PLANNING COUNCIL MEMBER COMMENTS
Planning Council members sent their thoughts and prayers to the Blackwelder family.
Page 7 of 7
NEXT REGULAR SCHEDULED PLANNING COUNCIL MEETING
The next Planning Council meeting is scheduled for June 24, 2021, at 10:00 a.m., in Room 422 of the Broward County Governmental Center.
ADJOURNMENT
Without objection the Chair adjourned this day’s meeting at 12:22 p.m.
(A copy of the audio recording of this meeting is available upon request by calling Document Control located in Room 336U, at (954)357-7297 or on the Planning Council website at https://www.broward.org/PlanningCouncil/Pages/Meeting%20Archives.aspx) C 4
NO BACKUP AVAILABLE FOR THIS ITEM R 1
To: Members - Broward County Planning Council
From: Thomas H. DiGiorgio, Chair
Subject: Annual Evaluation: Andrew Maurodis, Planning Council Attorney
Date: June 15, 2021
Consistent with a Letter of Understanding dated August 31, 1995, and subsequent Planning Council action, Mr. Maurodis, the Planning Council’s attorney, is to be reviewed annually. Having considered Mr. Maurodis’ performance for this past year, I offer the following performance review.
I believe Mr. Maurodis continues to provide the Council with the highest level of professional legal service. His ethics and professional demeanor, as well as his knowledge of legal matters respective and relative to Planning Council’s needs, are superior.
The most evident component of our Attorney’s responsibilities is his role at Planning Council meetings. In this regard, it is my observation that Mr. Maurodis provides expert legal advice and assistance to the Council. It is noted that Mr. Maurodis effectively utilizes his professional skills and qualities to guide the Council through its deliberations, including instances of high profile and controversial hearings. In addition, I have confidence that Mr. Maurodis is always readily available and provides the utmost professional assistance to all members and staff.
Outside of Council meetings, Mr. Maurodis capably represents the Council office as it deals with requests from our various clientele groups, including comprehensive review pertaining to land use plan amendment restrictive covenants and other documents requiring legal approval and conformity. In addition, my conversations with Planning Council staff reveal that Mr. Maurodis is always prompt and reliable in addressing day-to-day matters requiring legal evaluation or interpretation.
His extensive experience and in-depth knowledge of state and local provisions, in addition to his breadth of knowledge of the Broward County Land Use Plan, serves the Council well as we balance the concerns of municipalities, review agencies, the development community and residents. As a result, he is well positioned to advise the Council and to recommend enhancements when needed. I further wish to commend Mr. Maurodis on his positive and productive relationship with the Broward County Attorney’s office. This truly benefits the Council as we work in tandem with the County Commission on matters facing Broward County.
Performance Review: Planning Council Attorney June 15, 2021 Page 2
Regarding specific accomplishments this past year, I believe Mr. Maurodis should be commended for his performance and sound legal advice to the Council and our staff in regard to the following:
• Coordinated with the Planning Council Chair and Executive Director to ensure that the Council’s protocols and actions were consistent with the various states of emergency issued, beginning in March 2020; • Recommended and provided guidance to the Council regarding updated quorum policies, including a modification to the Rules of Procedure; • Ensured that the Administrative Rules Document accurately reflects the County Commission’s adoption ordinances; • Review of many complex regional, local, and inter-jurisdictional issues associated with numerous land use plan amendment proposals and recertifications; • Responding to inquiries of the Planning Council members and staff in a professional and timely manner; and • Ensuring that Council recommendations and documents meet legal sufficiency and standards.
In addition to this year’s evaluation, I note that the 2020 evaluation requirement was waived without objection by the Council at its June 25, 2020, meeting, due to the COVID pandemic; however, the Board verbally acknowledged that previous positive evaluations continued for that timeframe.
In summary, I wish to recognize Mr. Maurodis’ outstanding performance, as he continues to be instrumental to the positive reputation of Broward County Planning Council as its Attorney. Mr. Maurodis communicates clearly, directly and effectively while providing invaluable guidance relative to the applicable law. While it is my opinion that Mr. Maurodis more than qualifies for an increase to his compensation, I note that he has graciously declined requesting an increase and has done so for the past decade.
In this light, it is recommended that this record of Mr. Maurodis’ exceptional performance and professionalism this past year be noted and considered during future evaluations.
/THD
R 2
To: Members of the Broward County Planning Council
From: Thomas H. DiGiorgio, Chair
Subject: Annual Evaluation: Barbara Blake Boy, Planning Council Executive Director
Date: June 15, 2021
Consistent with a Letter of Understanding dated May 24, 2012, Ms. Boy, the Planning Council’s Executive Director, is to be reviewed annually. Having considered Ms. Boy’s performance for this past year, I offer the following performance review.
Ms. Boy joined the Planning Council staff in 2000 after working with the Broward County, Metropolitan Planning Organization, beginning in 1996. In completing her ninth year as the Planning Council’s Executive Director, Ms. Boy continues to be a valued and effective employee, as well as an outstanding representative of the Planning Council. Ms. Boy balances the requests and needs of the Planning Council membership while managing the daily work programs of the Planning Council staff. I find that Ms. Boy is responsive, knowledgeable, thoughtful and well- prepared, in addition to being a proven leader.
Ms. Boy maintains positive communications and relationships with Broward County Staff and agencies, as well as with the private sector, meets established deadlines, handles stressful situations effectively and ensures that the Planning Council is viewed in the most positive light possible, while raising the visibility of the Planning Council and its overall work program.
I continue to observe Ms. Boy capably balance her responsibilities, requests, and needs of the Planning Council while managing the Planning Council’s daily work programs and professional Staff. I know that Executive Director Boy treats all members of the Planning Council, whether newly appointed or seasoned, with the same open door and tireless passion.
As everyone is aware, the past 15 months have been an extraordinary and challenging time. Despite the circumstances, Ms. Boy with the support of the Planning Council Staff, has many positive accomplishments including, but not limited to:
• Coordinated with the Planning Council Attorney and Chair(s) to ensure a seamless meeting schedule and agendas, in spite of the COVID pandemic, including that protocols and actions were consistent with the various states of emergency issued, beginning in March 2020 and reflected in the Rules of Procedure; • Worked with the Planning Council Attorney to identify updates to the Administrative Rules Document to mirror the County Commission’s adoption ordinances; • Ensured the highest level of customer service and response times to the Council’s clients; • Successfully managed and provided sound professional judgment and recommendations in processing and evaluating 19 map and text amendments to the Broward County Land Use Plan, including complex analyses and consideration of amendments in Tamarac and Unincorporated Broward County; Annual Evaluation: Executive Director Page Two June 15, 2021
• Coordinated the public participation process, evaluation, consideration of comments and staff recommendations of updated affordable housing strategies and incentive based policies; • Under Ms. Boy’s leadership and consistent with the Planning Council’s long-established commitment, the Planning Council is provided with support materials, including in user friendly electronic format, and unbiased and considerate recommendations of a highly professional quality; • Provided technical planning support to the Broward County Office of the County Attorney regarding a multi-year lawsuit which summary judgment was granted in the County’s favor; • Continues a strong commitment to the Planning Council’s traditional role to provide coordination and communication amongst the residents, municipalities, County and regional and state interests; and • Coordinated with the Broward County Office of Management and Budget for the presentation of the Fiscal Year 2022 budget package and proposal (unanimously approved at our April 2021 Meeting) which continues to reflect a highly efficient and streamlined operation that effectively addresses a significant and highly visible work program. In addition to this year’s evaluation, I note that the 2020 evaluation requirement was waived without objection by the Council at its June 25, 2020, meeting, due to the COVID pandemic; however, the Board verbally acknowledged that previous positive evaluations continued for that timeframe.
Over the next review period, it is anticipated that Ms. Boy will continue to guide the Council’s work program, including text amendments or studies/recommendations regarding a series of modifications to address existing or proposed policies related but not limited to, hurricane evacuation, transportation and Activity Centers, as well as any additional concerns raised by the Planning Council.
In summary, I wish to recognize Executive Director Boy’s continued outstanding performance and commitment to the Broward County Planning Council. Ms. Boy has consistently received outstanding annual evaluations since her appointment as the Executive Director in May 2012, which have always warranted a merit increase based on her performance. However, any annual increases have been constrained due to budgetary limitations and Ms. Boy has declined requesting a salary increase. However, if the County Commission approves an increase for unrepresented employees deemed to “meet or exceed expectations” in the future, Ms. Boy shall be eligible to receive that increase.
In this light, it is recommended that this record of Ms. Boy’s exceptional performance and professionalism this past year be noted and considered during future evaluations.
/THD R 3
From: Andrew S. Maurodis, Legal Counsel
To: Barbara Blake Boy, Executive Director
Date: June 11, 2021
Re: Florida Legislative Session Update 2021
I provide the following summary of notable land use, and land use related legislation passed by the Florida Legislature during its 2021 Legislative Session. The summaries of each bill reflect those provided in the State legislative tracking system. Please distribute the summary to the Planning Council membership.
HB 487: Growth Management, Small Scale Amendments The Community Planning Act requires each local government to adopt a comprehensive plan to provide for orderly and balanced future economic, social, physical, environmental, and fiscal development while taking into account projected population growth, public facility needs, development over a five-year and 10-year period, comprehensive plans of adjacent local governments, and future land use. A comprehensive plan amendment may be classified as a small-scale amendment if the amendment involves less than 10 acres of land, does not impact land located in an area of critical state concern, preserves the internal consistency of the overall local comprehensive plan, and does not require substantive changes to the text of the plan. Small-scale plan amendments may be approved with a single hearing before the governing body of the local government and do not require review by the Department of Economic Opportunity. The bill increases the maximum acreage of a small-scale comprehensive plan amendment from 10 acres to 50 acres and increases the maximum acreage for a small-scale comprehensive plan amendment within a rural area of opportunity from 20 acres to 100 acres.
If approved by the Governor, these provisions take effect July 1, 2021.
CS/CS/CS/HB 59 — Growth Management
Under current law, local governments create and adopt local comprehensive plans to control and direct land use and development within a county or municipality. The Department of Economic Opportunity oversees the local comprehensive plan system at the state level. Notwithstanding,
MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I WSH-LAW.COM Page 2 of 13 local governments in the state retain ample independence in the substance of land use regulation of private property within their jurisdiction. The bill amends various sections of Florida law related to local government regulation of land, which is commonly referred to as “growth management.”
Comprehensive Plans
The bill amends s. 163.3167, F.S., to provide that all local comprehensive plans effective, rather than adopted, after January 1, 2016, and all land development regulations adopted to implement the plan, must incorporate development orders existing before the plan's effective date, may not impair the completion of a development order, and must vest the density and intensity approved on the effective date of the comprehensive plan.
Property Rights Element
The bill requires all local governments to adopt a property rights element in their comprehensive plans. The bill provides a model statement of property rights a local government may adopt to satisfy this requirement. Notwithstanding, a local government may adopt a distinct property rights element as long as it does not conflict with the model statement. This bill provision instructs local governments to consider certain private property rights when regulating land. The bill directs local governments to adopt this element by the earlier of its next proposed plan amendment initiated after July 1, 2021, or the date of its next comprehensive plan evaluation, as required by s. 163.3191, F.S.
Altering a Development Agreement
The bill provides that a development agreement between a local government and a party, or its designated successor in interest, may be amended or canceled without securing the consent of parcel owners that were initially subject to the development agreement unless the amendment directly modifies the land uses of an owner's property.
Department of Transportation
The bill requires the Department of Transportation, when disposing of surplus real property, to give the property's prior owner the right of first refusal to purchase the property. This right of first refusal only applies to the department's disposal of property acquired within 10 years before the date of disposition.
Developments of Regional Impact
The bill specifies that development agreements for certain developments of regional impact that are classified as "built out" may be amended using the processes adopted by local governments. Any such amendment may authorize the developer to exchange approved land uses if the Page 3 of 13 developer demonstrates that the exchange will not increase impacts to public facilities. This applies to such agreements and amendments effective on or after April 6, 2018.
If approved by the Governor, these provisions take effect July 1, 2021.
CS/CS/SB 896 — Renewable Energy The bill requires solar facilities to be a permitted use in all agricultural land use categories in a local government’s comprehensive plan and all agricultural zoning districts within an unincorporated area. Under the bill, such facilities are required to comply with certain criteria including setback and landscaped buffer areas and counties may adopt ordinances specifying buffer and landscaping requirements. However, such requirements may not exceed those of similar uses in agricultural land use categories and zoning districts. The bill provides that s. 163.3205, F.S., as created by the bill, relating to solar facility approval process, is not applicable to any site that was the subject of an application to construct a solar facility submitted to a local governmental entity before July 1, 2021.
Additionally, the bill expands the term “renewable energy,” and adds the terms “biogas” and "renewable natural gas.” “Renewable energy,” is expanded to mean electrical energy produced from a method that uses one or more of the following fuels or energy sources: hydrogen produced or resulting from energy sources other than fossil fuels, biomass, solar energy, geothermal energy, wind energy, ocean energy, and hydroelectric power. “Biogas,” is defined as a mixture of gases, largely comprised of carbon dioxide, hydrocarbons, and methane gas, that is produced by the biological decomposition of organic materials. “Renewable natural gas” is defined as anaerobically generated biogas, landfill gas, or wastewater treatment gas, which is refined to a methane content of 90 percent or more, that may be used as transportation fuel, for electric generation, or is of a quality capable of being injected into a natural gas pipeline.
The bill provides that the Public Service Commission may approve cost recovery by a gas public utility for renewable natural gas purchase contracts in which the pricing provisions exceed the current market price of natural gas, but which are otherwise deemed reasonable and prudent by the commission.
The bill includes conforming changes in ss. 366.92, 373.236, and 403.973, F.S., to reflect the revised definition of “renewable energy” and reenacts s. 288.9606(7), F.S., without modification, to incorporate the changes made to s. 366.91, F.S.
If approved by the Governor, these provisions take effect July 1, 2021.
CS/HB 35 — Legal Notices The bill provides an option for governmental agencies required by law to publish certain legal notices to publish those notices on a newspaper’s website in lieu of a paper-based publication. An agency wishing to exercise this option may only do so upon the agency finding, pursuant to a publicly noticed hearing, that such an Internet-based publication is in the public interest and that Page 4 of 13 residents have sufficient access to the Internet in order to review any legal notices published in this format. This determination must be made by a majority vote of the governing body.
If a governmental agency exercises the option to publish legal notices on a newspaper website, the agency must provide an additional notice at least once per week in a print edition newspaper of general circulation. This notice must contain a statement that legal notices pertaining to the agency do not all appear in the print edition of the local newspaper and that a full listing may be accessed on the statewide legal notice website located at the website managed by the Florida Press Association.
The bill expands the types of publications that qualify to publish legal notices. Currently, a newspaper must, among other requirements, be “for sale to the general public” and be qualified to be admitted and entered as a periodical matter the local post office. By removing these two requirements, the bill will allow for legal notices to be published in some smaller publications that are free to the public.
The bill requires the Florida Press Association to ensure that minority populations throughout the state have equitable access to legal notices that are posted on the statewide website. Additionally, the association must publish a quarterly report with the following information:
• A list of all newspapers that placed notices on the statewide legal notices website;
• The number of unique visitors to the statewide legal notices website;
• The number of legal notices published in print;
• The number of legal notices published by Internet-only publication; and
• The statutory criteria that qualified each newspaper to publish legal notices and advertisements.
Approved by the Governor on May 7. 2021, and takes effect January 1, 2022.
CS/CS/SB 1954 — Statewide Flooding and Sea Level Rise Resilience The bill establishes statewide programs for adaptation to flooding and sea level rise. The programs are intended to address flooding all across the state. The bill creates:
• The Resilient Florida Grant Program within the Department of Environmental Protection (DEP) to provide grants to counties or municipalities for community resilience planning, such as vulnerability assessments, plan development, and projects to adapt critical assets. The bill provides a comprehensive definition for “critical asset.” Specified information from such vulnerability assessments must be submitted to DEP.
• The Comprehensive Statewide Flood Vulnerability and Sea Level Rise Data Set and Assessment, which must be updated at least every five years. The bill requires DEP to: Page 5 of 13
o By July 1, 2022, develop a statewide data set, including statewide sea level rise projections, containing information necessary to determine the risks of flooding and sea level rise to inland and coastal communities.
o By July 1, 2023, develop a statewide assessment, using the statewide data set, identifying vulnerable infrastructure, geographic areas, and communities. The statewide assessment must include an inventory of critical assets.
• The Statewide Flooding and Sea Level Rise Resilience Plan. By December 1, 2021, and each December 1 thereafter, DEP must develop the plan on a three-year planning horizon and submit it to the Governor and Legislature. The plan must consist of ranked projects addressing the risks of flooding and sea level rise to communities in the state. The funding proposed in the plan may not exceed $100 million in one year and is subject to review and appropriation by the Legislature. Each project must have a minimum 50 percent cost- share unless it assists or is within a financially disadvantaged small community, as defined in the bill. Counties, municipalities, and regional resilience entities are authorized to submit to DEP lists of proposed projects for inclusion in the plan, and water management districts and flood control districts are authorized to submit to DEP lists of proposed projects specifically relating to water supplies or water resources for inclusion in the plan. DEP must assess projects for inclusion in the plan by implementing a four-tiered scoring system specified in the bill.
The bill authorizes DEP to provide funding to regional resilience entities for providing technical assistance to counties and municipalities, coordinating multijurisdictional vulnerability assessments, and developing project proposals for the statewide resilience plan.
The bill requires DEP to initiate rulemaking by August 1, 2021, to implement the statewide resilience programs.
The bill creates the Florida Flood Hub for Applied Research and Innovation (Hub) within the University of South Florida (USF) College of Marine Science. USF’s College of Marine Science or its successor will serve as the lead institution to coordinate efforts to support applied research and innovation to address flooding and sea level rise in the state. The Hub must conduct activities specified in the bill, including developing data and modeling, coordinating research funds across participating entities, establishing community-based programs, and assisting with training and workforce development. By July 1, 2022, and each July 1 thereafter, the Hub must submit to the Governor and Legislature an annual comprehensive report on its goals and its efforts and progress on reaching those goals.
The bill requires the Office of Economic and Demographic Research to include in its annual assessment of Florida’s water resources and conservation lands an analysis of flooding issues, including resilience efforts. When appropriations or expenditures are made to address flooding, the analysis must identify any gaps between estimated revenues and projected expenditures.
Page 6 of 13
CS/SB 628 — Urban Agriculture CS/SB 628 exempts propelled equipment used on a farm or used to transport farm products for the purpose of urban agriculture from the requirement that that farm equipment be stored, maintained, or repaired within the boundaries of the owner’s farm and be located at least 50 feet away from a public road. The bill does not exempt nonresidential farm buildings, fences, or signs located on lands used for urban agriculture from the Florida Building Code or local governmental regulations.
The bill defines “urban agriculture” and provides applicability.
The bill authorizes the Department of Agriculture and Consumer Services (Department) to approve five urban agricultural pilot project programs in municipalities throughout the state. The bill sets forth requirements by which the Department may approve such projects, outlines eligibility and application requirements, and provides project length periods. The bill requires that municipalities submit a report to the Department outlining outcome and impact of their pilot projects by a specified date. The Department is then required to submit a report on the outcomes and impacts of the pilot projects to the President of the Senate and the Speaker of the House of Representatives.
The bill expressly preserves local governmental authority to regulate urban agriculture under certain circumstances.
If approved by the Governor, these provisions take effect July 1, 2021.
CS/CS HB 421 and HB 1101 — Amendment To Bert Harris Act
The bill amends the Bert J. Harris, Jr., Private Property Rights Protection Act and the Florida Land Use and Environmental Dispute Resolution Act. Both acts provide procedures and remedies to land owners whose property is inordinately burdened by a local government regulation. In the Bert Harris Act, the definitions of an “action of a governmental entity” is revised to include government actions that affect “real property including acting on an application or permit or adopting or enforcing any ordinance, resolution, regulation, rule, or policy.” The term “real property” is amended to mean, in part, land and any surface, subsurface, or mineral estates and any appurtenances and improvements to the land, including other relevant interests. The bill also revises the definition of “land” or “real property” in The Florida Land Use and Environmental Dispute Resolution Act to match, by cross-reference, the newly amended definition of real property in the Bert Harris Act. Additionally, the bill revises the Bert Harris Act to: • Reduce the timeframe under which a claimant must notify the government before filing an action for compensation; • Specify that written settlement offers are presumed to protect the public interest; • Allow the claimant to have the court, rather than a jury, determine damages; • Extend the point in time from which a prevailing claimant may recover attorney fees and costs; and Page 7 of 13
• Authorize a property owner to pursue a claim for compensation in certain circumstances without first formally pursuing an application for a development order, development permit, or building permit when doing so is deemed to constitute a waste of resources.
The Bert Harris Act is also amended to provide that a real property owner who files a claim under the Act remains entitled to relief for that claim even if he or she subsequently relinquishes legal title to the real property in question before the conclusion of proceedings to resolve the claim. (This appears to reverse the holding in a recent Second District Court of Appeals case in which the plaintiff, who sold the property while litigating a claim, was determined to no longer be a “property owner” entitled to relief under the Act. The appellate court certified the issue raised in the case to the Florida Supreme Court as an issue of great public importance.) The bill also allows a property owner to sue for injunctive relief, and a court to declare, that a prohibited exaction is invalid. Current law defines a “prohibited exaction” as a condition imposed by a governmental entity on a property owner’s proposed use of real property that does not have an essential nexus to a legitimate public purpose and is not roughly proportionate to the impacts of the proposed use that the governmental entity is seeking to avoid, minimize, or mitigate. The bill revises the statutes relating to prohibited exactions to expressly allow a property owner to sue for injunctive relief, and a court to declare, that a prohibited exaction is invalid. Additionally, the bill provides that the property owner does not have to exhaust all administrative remedies before filing suit to declare a prohibited exaction invalid and recover damages.
If approved by the Governor, these provisions take effect October 1, 2021.
HB 337 -- Impact Fees
Impact fees are fees imposed by counties, municipalities, and some special districts to fund local infrastructure needed to expand local services to meet the demands of population growth caused by development. An impact fee enacted by a county or municipal ordinance or special district resolution must meet certain minimum statutory criteria. The calculation of an impact fee must have a rational nexus both to the need for additional capital facilities and to the expenditures of funds collected and the benefits accruing to the new development construction. The bill provides specific limitations on the amount by which a local government may increase its impact fees. The limitations operate retroactively to January 1, 2021, and are as follows: • An impact fee increase of not more than 25 percent of the current rate must be implemented in two equal annual increments, beginning with the date on which the increased fee is adopted; • An impact fee increase of between 25 and 50 percent of the current rate must be implemented in four equal annual increments; • An impact fee increase may not exceed 50 percent of the current impact fee rate; and • An impact fee may not be increased more than once every four years. Page 8 of 13
However, a local government may exceed these limitations if the local government completes a demonstrated-need study that justifies the increase and demonstrates the extraordinary circumstances, holds at least two publicly noticed workshops, and adopts the impact fee increase by at least a two-thirds vote. The bill also makes the following changes to current impact fee law: • Defines the terms “infrastructure” and “public facilities,” used throughout the impact fee statutes, in order to specify that impact fees may be utilized only for fixed capital expenditures or fixed capital outlays for major capital improvements; • Prohibits a local government from increasing an impact fee retroactively for a previous or current fiscal or calendar year; and • Requires special districts, in addition to local governments, to issue dollar-for-dollar impact fee credits for impacts on the same public facilities in exchange for other required contributions received (i.e., proportionate share agreement or other exactions). Finally, the bill requires the chief financial officer of a local government, school district, or special district to attest annually by affidavit that, to the best of his or her knowledge, all impact fees were collected and expended in compliance with the spending period provision in the local ordinance or resolution, and that impact fee funds were used only to acquire, construct, or improve specific infrastructure needs. Approved by the Governor on June 4, 2021; takes effect on becoming law. CS/CS/HB 401 — Florida Building Code The Florida Building Commission (commission), housed within the Department of Business and Professional Regulation, is a 19-member technical body made up of design professionals, contractors, and government experts in various disciplines responsible for the implementation and adoption of the Florida Building Code (Building Code). The Building Code is the statewide building code for all construction in the state. The commission must adopt a new edition of the Building Code every three years.
Local governments enforce the Building Code within their jurisdictions, primarily by conducting inspections and issuing building permits to authorize construction. Under certain circumstances the commission and local governments may adopt technical and administrative amendments to the Building Code as permitted by statute. Local governments may adopt amendments to the Building Code that are more stringent than the Building Code, which are limited to the local government’s jurisdiction and expire upon the adoption of the newest editions of the Building Code.
As it pertains to the administration of the Building Code, the bill:
• Allows a substantially affected person, as defined in the bill, to petition the commission for a non-binding advisory opinion on any local government regulation that the person believes is a technical amendment to the Building Code and was not adopted in accordance with the Page 9 of 13
process for adopting local amendments to the Building Code. The commission must issue the opinion within 30 days of receiving the petition. • Allows the commission to issue an “errata to the code” to correct demonstrated errors in provisions contained within the Building Code. • Requires the commission to adopt rules for approving product evaluation entities in addition to the ones already listed and approved in current law, and clarifies that the commission may suspend any product evaluation entity.
The bill also:
• Allows local governments to use excess funds generated by building code enforcement fees (i.e., permit fees) for the construction of a building or structure that houses a local government’s building department or provides training programs for building officials, inspectors, or plans examiners. • Prohibits a local government from requiring a contract between a builder and an owner as a condition to apply for or obtain a building permit. • Specifies that a local government may not use preliminary maps issued by the Federal Emergency Management Agency for any law, ordinance, rule, or other measure that has the effect of imposing land use changes or permits.
The bill makes several changes to current law pertaining to licensed individuals providing private building inspection services, known as “private providers.” Current law allows contractors and property owners to hire licensed building code administrators, engineers, and architects to review building plans, perform building inspections, and prepare certificates of completion. The bill makes the following changes to the private provider statute:
• Expressly authorizes private providers to conduct virtual building inspections. • Allows private providers to submit various inspection forms, records, and reports electronically to local building departments and utilize electronic signatures. • Allows private providers to conduct “single-trade inspections,” as defined in the bill. • Authorizes private providers to conduct emergency inspection services.
Additionally, the bill expressly authorizes local governments and school districts to use private providers for public works projects and improvements to any building or structure.
Finally, the bill amends the Community Planning Act to prohibit local governments from adopting land development regulations that regulate specific building design elements (such as exterior color and cladding, ornamentation, styling of windows and doors, etc.) for single- and two-family dwellings. However, certain exceptions are provided that allow local governments to regulate such building design elements when:
• The dwelling is a historic property or located in a historic district, a community redevelopment area, or a planned unit development or master planned community. • The regulations are adopted in order to implement the National Flood Insurance Program or to ensure protection of coastal wildlife. Page 10 of 13
• The regulations are adopted in accordance with the procedures for adopting local amendments to the Building Code. • The dwelling is located within the jurisdiction of a local government with a design review board or architectural review board.
If approved by the Governor, these provisions take effect July 1, 2021.
CS/HB 403 — Home-based Businesses CS/HB 403 preempts areas of regulation for home-based businesses to the state. It forbids counties and municipalities from enacting or enforcing any ordinance, regulation, or policy or take any action to license or otherwise regulate a home-based business in violation of the bill provisions. Currently, local governments regulate business activities conducted on residential property through ordinances that address "home occupations." The bill’s restrictions on local government home-based business regulations would cause existing local government ordinances inconsistent with the bill's prohibitions to become null and void by operation of law.
The bill provides that a home-based business may operate in an area zoned for residential use and may not be prohibited, restricted, regulated, or licensed in a manner different from other businesses in a local government's jurisdiction otherwise provided by the bill.
The bill includes criteria that home-based businesses must meet to operate in an area zoned for residential use. To be considered a home-based business under the bill, a business must meet the following criteria:
• The activities of the home-based business must be secondary to the property's use as a residential dwelling.
• The business employees who work at the residential dwelling must also reside in the residential dwelling, except that up to two employees or independent contractors who do not reside at the residential dwelling may work at the business.
• Parking related to the business activities of the home-based business must comply with local zoning requirements. The business may not generate a need for parking greater in volume than a similar residence where no business is conducted. Local governments may regulate the parking or storage of heavy equipment at the business which is visible from the street.
• As viewed from the street, the residential property must be consistent with the uses of the residential areas surrounding the property. Any external modifications to a home- based business must conform to the residential character and architectural aesthetics of the neighborhood. The home-based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property.
• All business activities must comply with any relevant local or state regulations concerning signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, Page 11 of 13
fumes, or noxious odors. However, such regulations on a business, absent signage, may not be more stringent than those that apply to a residence where no business is conducted.
• All business activities must comply with any relevant local, state, and federal regulations concerning the use, storage, or disposal of hazardous materials. However, such regulations on a business may not be more stringent than those that apply to a residence where no business is conducted.
Any adversely affected current or prospective home-based business owner may recover reasonable attorney fees and costs incurred instituting or defending a legal action concerning the validity of a local government's home-based business regulations.
The bill does not supersede any current or future declaration of condominium adopted pursuant to ch. 718, F.S., cooperative document adopted pursuant to ch. 719, F.S., or declaration of covenants adopted pursuant to ch. 720, F.S. In addition, the bill does not supersede any local laws, ordinances, or regulations related to transient public lodging establishments that are not otherwise preempted under ch. 509, F.S.
The bill passed (77-41) as amended in the House and the Senate concurred in the House amendment and passed the bill on a vote of 19-18. Some four minutes later, however, Sen. Farmer raised a point of order as to the passage of the bill because three Senators, who were on the Floor, failed to vote in violation of the Senate’s Rules. The Senate President ruled the point of order well taken and requested the House return the bill for the Senate to take further action. The House failed to return the bill before adjourning Sine Die.
If approved by the Governor, these provisions take effect July 1, 2021.
CS/CS/CS/SB 88 — Farming Operations The bill amends the Florida Right to Farm Act. The general purpose of the act is to protect reasonable agricultural activities conducted on farmland from nuisance lawsuits. The bill provides stronger liability protections to farms that comply with best management practices and environmental regulations.
The definition of “farm operations” is expanded to add “agritourism” activities to the list of farm operations that receive limited legal protections from nuisance suits and other similar civil actions. The definition is further revised to include the generation of “particle emissions” to the list of conditions or activities that constitute farm operations.
The bill defines “established date of operation” for an agritourism activity as the date the specific agritourism activity commenced, providing for a separate established date of operation for an agritourism activity than for the farm operation.
The bill defines “nuisance” to mean any interference with the reasonable use and enjoyment of land, including, but not limited to, noise, smoke, odors, dust, fumes, particle emissions, or vibration. The term also includes all legal claims that meet the requirements of the definition of Page 12 of 13 nuisance, regardless of whether a plaintiff designates those claims as brought in an action for nuisance, negligence, trespass, personal injury, strict liability, or some other tort.
The burden of proof that a plaintiff must meet in a nuisance action is raised to the clear and convincing evidence standard if the claim is based upon allegations that the defendant’s conduct did not comply with state or federal environmental laws, regulations, or best management practices.
The bill limits those who may bring a nuisance action against a farm operation to people whose real property that is alleged to be damaged is located within one-half mile of the alleged source of the nuisance.
The bill limits compensatory damages in a private nuisance action to the reduction in the fair market value of the plaintiff’s property, which may not exceed the fair market value of the property.
The bill prohibits a plaintiff from recovering punitive damages for a farm operation in a nuisance action unless the alleged nuisance is based on substantially the same conduct that was subject to a civil enforcement judgment or criminal conviction and the conviction or judgment occurred within 3 years of the first action that formed the basis of the nuisance action.
A losing plaintiff is liable for a farm’s litigation costs and expenses incurred defending a nuisance action if the farm operation has been in existence for 1 year or more before the legal action was instituted and the farm operation conforms to generally accepted agricultural and management practices or government environmental laws.
Approved by the Governor April 29, 2021. This act shall take effect July 1, 2021.
SB 2512 — Documentary Stamp Tax Distributions SB 2512 conforms statutes to the funding decisions related to the Documentary Stamp Distributions in the General Appropriations Act (GAA) for Fiscal Year 2021-2022. The bill:
• Revises Documentary Stamp Tax distributions of the remainder after distributions are made to the Land Acquisition Trust Fund, Department of Revenue Administration cost, and the General Revenue Service Charge by:
o Adding a distribution of 5.4175 percent of the remainder to the newly created Resilient Florida Trust Fund to be used for the new Resilient Florida Program.
o Adding a distribution of 5.4175 percent of the remainder to the Water Sustainability and Accountability Program Trust Fund to be used for the wastewater grant program provided in s. 403.0673, F.S.
o Amending the distributions made to the State Housing Trust Fund and Local Government Housing Trust Fund to 9.70254 percent of the remainder. Also, prevents funds distributed to the State Housing Trust Fund and the Local Government Housing Trust Fund from being transferred to General Revenue. Page 13 of 13
• Amends the use of the Water Protection and Sustainability Program Trust Fund to authorize the fund to be used for the wastewater grant program.
• Makes other technical adjustments to clean up the subsection.
• Is linked to Resilient Florida Trust Fund bill (SB 2514) and Statewide Flooding and Sea- Level Rise Resilience (SB 1954)
Approved by the Governor on June 2, 2021; these provisions take effect on July 1, 2021 (conditioned on SB 1954 or similar legislation and SB 2514 (see above) or similar legislation being adopted in this legislative session – both conditions have been met).
CS/CS/SB 804 — Substance Abuse Services
The bill makes several changes to provisions governing the licensure and regulation of substance abuse treatment programs (service provider), including recovery residences. The bill makes it a third degree felony to falsify information, or to withhold material facts, on an application for licensure as a substance abuse service provider. Substance abuse service providers operated directly by, or under contract with, any state agency must be licensed by the Department of Children and Families (the DCF) and are not currently subject to a penalty for falsification of information or withholding of material facts in an application for licensure. The bill authorizes the DCF to suspend a service provider’s license for failing to pay, within 60 days of a date set by the DCF, administrative fines and accrued interest related to disciplinary action taken against the service provider. The bill also mandates that a service provider pay fines and accrued interest resulting from violations of patient referral prohibitions within 60 days of a date specified by the DCF. If a service provider fails to remit payment within 60 days, the bill requires the DCF to immediately suspend the service provider’s license. The bill also broadens the eligibility for exemption from employment disqualification for certain prior criminal offenses to specified employees of an applicant recovery residence and to applicant recovery residence administrators. This will allow additional qualified individuals with knowledge of, and experience within, recovery residences to be eligible for employment within recovery residences, or as recovery residence administrators. The bill prohibits certain classes of dwellings that are used as recovery residences from having their occupancy category changed or being reclassified for the purpose of enforcement of the Florida Building Code and for the Florida Fire Prevention Code’s requirement for installation of fire sprinklers.
If approved by the Governor, these provisions take effect July 1, 2021.
R 4
TO: The Honorable Chair and Members Broward County Planning Council
FROM: Barbara Blake Boy, Executive Director
SUBJECT: Proposed Year 2022 Meeting Schedule and Application Deadlines
DATE: June 15, 2021
At this time, staff is proposing that the Planning Council approve the year 2022 Planning Council meeting schedule and application deadlines for municipal recertifications and Trafficways Plan amendments and waivers. Approval of the 2022 calendar will enable us to notify the public, coordinate with the County Commission meeting schedule, and reserve meeting rooms in a timely fashion.
Attachment 1 lists scheduled, tentative Planning Council meeting dates consistent with and in consideration of the Planning Council’s Rules of Procedure, Section 3.01, that the Council meet at least every other month. The final date of the December meeting will be set by the Planning Council, subsequent to polling of Council members. The Council’s discussion when amending Section 3.01 to meet at least every other month was to set tentative meeting dates for the year so that Council members save the date but understanding that meetings may be cancelled due to lack of agenda items.
Attachment 2 provides the application timeframes for processing of municipal recertifications and Trafficways Plan amendments and waivers. Applications are accepted on a continuous basis and public hearing dates will be determined consistent with the stated application timeframes and consideration of the Council’s anticipated meeting schedule, upon determination of application completeness.
Broward County Land Use Plan (BCLUP) amendment application deadlines are accepted on a continuous basis and public hearing dates are determined on a case by case basis. Subsequent to Planning Council review, all County Commission meeting dates are coordinated through and set by the Board of County Commissioners.
RECOMMENDED ACTION: Approve the Year 2022 Broward County Planning Council Tentative Meeting Schedule and the Application Deadlines.
ATTACHMENTS: 1. Year 2022 Broward County Planning Council Tentative Meeting Schedule
2. Application Deadlines
ATTACHMENT 1
YEAR 2022 BROWARD COUNTY PLANNING COUNCIL TENTATIVE MEETING SCHEDULE
Pursuant to Section 3.01 of the Broward County Planning Council’s Rules of Procedure, the following dates comprise the Council’s tentative schedule of meeting dates for the year 2022. As the Council has determined that it will meet at least every other month, the schedule may be modified to reflect the same. All meetings are on Thursdays at 10:00 a.m.
January 27, 2022 February 24, 2022 March 24, 2022 April 28, 2022 May 26, 2022 June 23, 2022 July 28, 2022 (Cancelled) August 25, 2022 September 22, 2022 October 27, 2022 December 1 or 8, 2022*
*Due to Thanksgiving and Winter holiday conflicts, the combined meeting final date to be set by the Planning Council, subsequent to polling of Council members.
ATTACHMENT 2
Application Deadlines for Local Land Use Plan Recertification Requests and Trafficways Plan Amendment and Waiver Requests
Recertification Applications: Complete applications are due at least eight weeks prior to the desired Planning Council public hearing date. Please be advised that additional processing time may be needed for applications that include multiple recertification requests.
Trafficways Plan Amendment and Waiver Applications: Complete applications are due at least twelve weeks prior to the desired Planning Council public hearing date.
The Broward County Planning Council meeting date will be scheduled upon determination of application completeness. Applications deemed incomplete or insufficient may be delayed, pending receipt and acceptance of information required by application guidelines.
R 5
NO BACKUP AVAILABLE FOR THIS ITEM EXPLANATION OF TRANSPORTATION TERMINOLOGY
Year 2045: Long Range Regional Transportation Network
I.T.E.: Institute of Transportation Engineers Trip Generation Manual
Capacity: Capacity at Level of Service D in thousands of vehicles at p.m. peak hour
P.M. Peak Hour: Traffic in thousands of vehicles per peak hour (i.e. one hour measured between 4:00 and 6:00 p.m.)
Annual Average Daily Traffic (A.A.D.T.): The volume passing a point or segment of a roadway in both directions for one year divided by the number of days in the year. 1
Significance Threshold: Corresponding to additional p.m. peak hour trips at three-percent (3%) or more of such capacity of a regional transportation link at the long-range planning horizon per BrowardNext - Broward County Land Use Plan Policy 2.14.9.
LOS: Level of Service2 (LOS D is a policy of the Broward County Board of County Commissioners)
A LOS A describes primarily free-flow operations at average travel speeds, usually about 90 percent of the free-flow speed for the given street class. Vehicles are completely unimpeded in their ability to maneuver within the traffic stream. Control delay at signalized intersections is minimal.
B LOS B describes reasonable unimpeded operations at average travel speeds, usually about 70 percent of the free-flow speed for the street class. The ability to maneuver within the traffic stream is only slightly restricted, and control delays at signalized intersections are not significant.
C LOS C describes stable operations; however, ability to maneuver and change lanes in midblock locations may be more restricted than at LOS B, and longer queues, adverse signal coordination, or both may contribute to lower average travel speeds of about 50 percent of the free-flow speed for the street class.
D LOS D borders on a range in which small increases in flow may cause substantial increases in delay and decreases in travel speed. LOS D may be due to adverse signal progression, inappropriate signal timing, high volumes, or a combination of these factors. Average travel speeds are about 40 percent of free-flow speed.
E LOS E is characterized by significant delays and average travel speeds of 33 percent or less of the free-flow speed. Such operations are caused by a combination of adverse progression, high signal density, high volumes, extensive delays at critical intersections, and inappropriate signal timing.
F LOS F is characterized by urban street flow at extremely low speeds, typically one-third to one-fourth of the free-flow speed. Intersection congestion is likely at critical signalized locations, with high delays, high volumes, and extensive queuing. ______1 Definition provided by the Broward Metropolitan Planning Organization. 2 Highway Capacity Manual. Transportation Research Board: National Research Council, Washington, D.C. 2000, page 10-5. Updated: May 2020 Figure 1
Process for (Re) Certification
Municipal Process
Site-specific, individual Large-scale map amendment(s) with numerous map amendment property-owners or text amendment
Planning Council holds Planning Council holds non- quasi-judicial public hearing quasi-judicial public hearing
Municipal land use plan Municipal land use plan Municipal land use plan Municipal land use plan (re)certified not (re)certified (re)certified “provisionally” (re)certified
Municipal land use plan Municipality addresses deficiency corrected “provisional” (re)certification requirements
Planning Council holds Planning Council holds non- public hearing quasi-judicial public hearing
Municipal land use plan Municipal land use plan (re)certified (re)certified
Legend
County Commission Action
Planning Council Action
State Agency Action
Source: Broward County Planning Council Process for Adoption Expedited State Review Process “Regular” or “Development of Regional Impact” Broward County Land Use Plan Amendments
Municipal Process / Planning Council Staff Review
Planning Council holds Legend public hearing on transmittal of plan Planning Council Action amendment County Commission Action
State Agency Action County Commission holds
Source: Broward County first public hearing to Planning Council transmit plan amendment
Planning Council Staff Transmits plan amendment To State of Florida review agencies
State agencies comment directly to Broward County 30 days after transmittal package received and complete
Planning Council holds second public hearing on plan amendment, If required by Administrative Rules Document: BrowardNEXT
County Commission holds second public hearing to adopt or adopt with changes within 180 days (except no time limitation for DRIs)
Mail to State Agencies within 10 days; Challenge must be filed by “affected persons” within 30 days of finding adoption package is complete
Plan amendment is effective 31 days after State determines package is complete PH 1
BROWARDNEXT - BROWARD COUNTY LAND USE PLAN GENERALIZED LOCATION MAP PCR 21-9
LOXAHATCHEE ROAD HILLSBORO BLVD PALM BEACH COUNTY
PARKLAND HILLSBORO BOULEVARD DEERFIELD BEACH SW 10 STREET SAWGRASS EXPRESSWAY HILLSBORO LYONS ROAD LYONS BEACH
WILES ROAD COCONUT LIGHTHOUSE CORAL CREEK 95 POINT SAMPLE ROAD ¦¨§ SPRINGS POWERLINE ROAD POWERLINE ^_SITE 1
ROYAL PALM BLVD COPANS ROAD CORAL RIDGE DRIVE RIDGE CORAL POMPANO ^_ SUBJECT AREA LOCATION COCONUT CREEK PKWY BEACH MARGATE A1A
ATLANTIC BOULEVARD ROCK ISLAND ROAD ISLAND ROCK 441 ^_ ¤£ SITE 2 TAMARAC NORTH ¤£1 LAUDERDALE CYPRESS CREEK ROAD SEA RANCH LAKES
COMMERCIAL BOULEVARD LAUDERDALE-
UNIVERSITY DRIVE UNIVERSITY OAKLAND LAUDERDALE BY-THE-SEA PARK LAKES SUNRISE OAKLAND PARK BOULEVARD WILTON Conservation Area MANORS SAWGRASS EXPRESSWAY LAUDERHILL SUNRISE BOULEVARD
IND PLANTATION IAN FORT BROWARD BOULEVARD
TRA LAUDERDALE
CE
WESTON Atlantic Ocean 595
AD ¦¨§ SR 84
RO FLAMINGO ROAD FLAMINGO
DAVIE
PINE ISLAND ROAD ISLAND PINE NOB HILL NOB GRIFFIN ROAD GRIFFIN ROAD FLORIDA'S TURNPIKE FLORIDA'S DANIA Conservation Area ¤£441 BEACH DANIA BEACH BLVD SOUTHWEST STIRLING ROAD RANCHES COOPER ¤£27 75 95 ¦¨§ CITY SHERIDAN STREET ¦¨§
HOLLYWOOD PEMBROKE HOLLYWOOD BOULEVARD ¤£1 PINES BOULEVARD PINES
PEMBROKE ROAD DRIVE UNIVERSITY HALLANDALE RED BEACH RO AD HALLANDALE BEACH BOULEVARD
SW 184 AVENUE 184 SW MIRAMAR PARKWAY MIRAMAR WEST PEMBROKE PARK PARK
MIAMI-DADE COUNTY NOT TO SCALE BROWARDNEXT - BROWARD COUNTY LAND USE PLAN FUTURE LAND USE DESIGNATIONS LOCAL PLAN AMENDMENT RECERTIFICATION PCR 21-9 SITE 1
SAMPLE ROAD
POMPANO BEACH
NE 35 STREET
¦¨§
¦¨§ NE 16 TERRACE 16 NE
Site Low-Medium (10) Residential Low (5) Residential Commerce North Fork of Mid dl e Ri ver 125 62.5 0 125
Feet BROWARDNEXT - BROWARD COUNTY LAND USE PLAN FUTURE LAND USE DESIGNATIONS LOCAL PLAN AMENDMENT RECERTIFICATION PCR 21-9 SITE 2 ¦¨§ ¦¨§
POMPANO BEACH
NE 2 STREET
INTRACOASTAL WATERWAY
E
STATE ROAD A1A V
I R
D
RIVERSIDE DRIVE R
E
P I
P
D
N
A
ATLANTIC BOULEVARD S
ATLANTIC OCEAN
Site Commerce Municipal Boundary Recreation and Open Space Low (5) Residential Community High (50) Residential Water Activity Center 250 125 0 250
Feet RECERTIFICATION OF THE CITY OF POMPANO BEACH FUTURE LAND USE ELEMENT PCR 21-9
INTRODUCTION
Pursuant to the Broward County Charter, local governments in Broward County are required to submit all amendments to their certified land use elements for recertification by the Planning Council to ensure consistency with the BrowardNext - Broward County Land Use Plan (BCLUP).
The City of Pompano Beach has submitted two (2) map amendments to the Planning Council for recertification. The City adopted the local map amendment for Site 1 on March 23, 2021, and for Site 2 on March 10, 2020, and they have completed the Chapter 163, Florida Statutes, comprehensive plan amendment review process.
Planning Council staff review finds that the City of Pompano Beach Plan is in substantial conformity with the BCLUP. It is noted that the Council’s review regarding (re)certifications is limited in scope with the Council’s authority based on whether the municipal plan is in substantial conformity with the policies and rules of the BCLUP. It is not a re-examination of the merits of the original municipal amendment. In addition, it is noted that per Administrative Rules Document: BrowardNext Article 2.5(A)(4), if the Council determines that a recertification request is not in substantial conformity with the BCLUP, the Council must state its reasons for rejection, alterations or modifications and notify the local government in writing.
RECOMMENDATIONS/ACTIONS DATE
I. Planning Council Staff Recommendation June 15, 2021
Planning Council staff concludes that the local plan amendments are in substantial conformity with the BCLUP. It is recommended that the recertification of the City of Pompano Beach Future Land Use Element be approved.
BACKGROUND
Site 1
I. Flexibility Zone: Unified
II. Local Reference: Fire Station 103 (Ordinance No. 2021-45)
III. General Location: Approximately 0.45 acres; generally located on the east side of Northeast 16 Terrace and south of Sample Road.
IV. Previous Local Land Use Designation: Community Facilities
- 1 - CITY OF POMPANO BEACH RECERTIFICATION - PCR 21-9 June 15, 2021
BACKGROUND (continued)
V. Adopted Local Land Use Designation: Low-Medium (5-10 du/ac) Residential
VI. Applicant: City of Pompano Beach
VII. Agent: Scott Backman, Esquire Dunay, Miskel and Backman, LLP
VIII. Property Owner: Whitney LLC, 40th Street LLC and Clermont Realty LLC
Site 2
I. Flexibility Zone: Unified
II. Local Reference: Oceanside Parking Lot (Ordinance No. 2020-46)
III. General Location: Approximately 4.2 acres; generally located north of Atlantic Boulevard, between Riverside Drive and State Road A1A.
IV. Previous Local Land Use Designation: 3.5 acres of Open Space Recreation 0.7 acres of Community Facilities
V. Adopted Local Land Use Designation: Commercial
VI. Applicant/Agent: City of Pompano Beach
VII. Property Owner: City of Pompano Beach
RECERTIFICATION CONSIDERATIONS/REQUIREMENTS
I. Relationship to Broward County Land Use Plan
Site 1 local plan amendment was not the subject of a Broward County Land Use Plan (BCLUP) amendment. The purpose of local amendment is to change the designation of the subject parcel from Community Facilities to Low (5-10 du/ac) Residential. The adopted BCLUP designation of the subject site is Low-Medium (10) Residential.
Site 2 local land use plan amendment was the subject of BCLUP amendment PC 20-3, which amended the future land use designations from Recreation and Open Space and Community to Commerce. The amendment was adopted by the Broward County Commission on February 11, 2020. Planning Council staff notes that the City’s Commercial
- 2 - CITY OF POMPANO BEACH RECERTIFICATION - PCR 21-9 June 15, 2021
I. Relationship to Broward County Land Use Plan (continued)
designation is more restrictive than the BCLUP’s Commerce designation and is therefore in substantial conformity with the BCLUP.
II. Application of Flexibility Rules
The local amendments did not utilize any of the “Flexibility Provisions” of the BCLUP.
III. Parks Requirement
The City of Pompano Beach has 643 acres in its open space and parks inventory. The 2045 projected population (139,760) requires approximately 419.28 acres to meet the community parks acreage requirement of 3 acres per one thousand persons population. Site 1 land use plan amendment will result in a net increase of 0.02 acres on the projected demand for local parks. Site 2 land use plan amendment will have no net impact on the projected demand for local parks. The City of Pompano Beach will continue to meet the community parks acreage requirement of the Broward County Land Use Plan of 3 acres per one thousand persons population.
- 3 - PH 2
BROWARDNEXT - BROWARD COUNTY LAND USE PLAN GENERALIZED LOCATION MAP PCR 21-11
LOXAHATCHEE ROAD HILLSBORO BLVD PALM BEACH COUNTY
PARKLAND HILLSBORO BOULEVARD DEERFIELD BEACH SW 10 STREET SAWGRASS EXPRESSWAY HILLSBORO LYONS ROAD LYONS BEACH
WILES ROAD COCONUT LIGHTHOUSE CREEK 95 POINT
SAMPLE ROAD ¦¨§ POWERLINE ROAD POWERLINE
ROYAL PALM BLVD COPANS ROAD CORAL RIDGE DRIVE RIDGE CORAL POMPANO ^_ SUBJECT AREA LOCATION BEACH COCONUT CREEK PKWY
CORAL A1A ^_ MARGATE SPRINGS ATLANTIC BOULEVARD ROCK ISLAND ROAD ISLAND ROCK ¤£441
TAMARAC NORTH ¤£1 ^_ LAUDERDALE CYPRESS CREEK ROAD SEA RANCH LAKES
COMMERCIAL BOULEVARD LAUDERDALE-
UNIVERSITY DRIVE UNIVERSITY OAKLAND LAUDERDALE BY-THE-SEA PARK LAKES SUNRISE OAKLAND PARK BOULEVARD WILTON Conservation Area MANORS SAWGRASS EXPRESSWAY LAUDERHILL SUNRISE BOULEVARD
IND PLANTATION IAN FORT BROWARD BOULEVARD
TRA LAUDERDALE
CE
WESTON Atlantic Ocean 595
AD ¦¨§ SR 84
RO FLAMINGO ROAD FLAMINGO
DAVIE
PINE ISLAND ROAD ISLAND PINE NOB HILL NOB GRIFFIN ROAD GRIFFIN ROAD FLORIDA'S TURNPIKE FLORIDA'S DANIA Conservation Area ¤£441 BEACH DANIA BEACH BLVD SOUTHWEST STIRLING ROAD RANCHES COOPER ¤£27 75 95 ¦¨§ CITY SHERIDAN STREET ¦¨§
HOLLYWOOD PEMBROKE HOLLYWOOD BOULEVARD ¤£1 PINES BOULEVARD PINES
PEMBROKE ROAD DRIVE UNIVERSITY HALLANDALE RED BEACH RO AD HALLANDALE BEACH BOULEVARD
SW 184 AVENUE 184 SW MIRAMAR PARKWAY MIRAMAR WEST PEMBROKE PARK PARK
MIAMI-DADE COUNTY NOT TO SCALE BROWARDNEXT - BROWARD COUNTY LAND USE PLAN FUTURE LAND USE DESIGNATIONS LOCAL PLAN AMENDMENT RECERTIFICATION PCR 21-11 ¦¨§ ¦¨§
NW 7 STREET
NW 6 COURT
CORAL
SPRINGS
E
V I
RAMBLEWOOD DRIVE R
D
R
E
P I
P
ATLANTIC BOULEVARD D
N
A
S
Site Recreation and Open Space Low (5) Residential Community Commerce
250 125 0 250
Feet
RECERTIFICATION OF THE CITY OF CORAL SPRINGS FUTURE LAND USE ELEMENT PCR 21-11
INTRODUCTION
Pursuant to the Broward County Charter, local governments in Broward County are required to submit all amendments to their certified land use elements for recertification by the Planning Council to ensure consistency with the BrowardNext - Broward County Land Use Plan (BCLUP).
The City of Coral Springs has submitted a map amendment to the Planning Council for recertification. The City adopted the local map amendment on April 21, 2021, and it has completed the Chapter 163, Florida Statutes, comprehensive plan amendment review process.
Planning Council staff review finds that the City of Coral Springs Plan is in substantial conformity with the BCLUP. It is noted that the Council’s review regarding (re)certifications is limited in scope with the Council’s authority based on whether the municipal plan is in substantial conformity with the policies and rules of the BCLUP. It is not a re-examination of the merits of the original municipal amendment. In addition, it is noted that per Administrative Rules Document: BrowardNext Article 2.5(A)(4), if the Council determines that a recertification request is not in substantial conformity with the BCLUP, the Council must state its reasons for rejection, alterations or modifications and notify the local government in writing.
RECOMMENDATIONS/ACTIONS DATE
I. Planning Council Staff Recommendation June 15, 2021
Planning Council staff concludes that the local plan amendment is in substantial conformity with the BCLUP. It is recommended that the recertification of the City of Coral Springs Future Land Use Element be approved.
BACKGROUND
I. Flexibility Zone: 37
II. Local Reference: Fire Station #64 (Ordinance No. 2021-104)
III. General Location: Approximately 1.36 acres; generally located on the west side of Ramblewood Drive, between Atlantic Boulevard and Northwest 7 Street.
IV. Previous Local Land Use Designation: Recreation and Open Space
V. Adopted Local Land Use Designation: Community Facilities - Administration
- 1 -
CITY OF CORAL SPRINGS RECERTIFICATION - PCR 21-11 June 15, 2021
BACKGROUND (continued)
VI. Applicant/Agent: City of Coral Springs
VII. Property Owner: City of Coral Springs
RECERTIFICATION CONSIDERATIONS/REQUIREMENTS
I. Relationship to Broward County Land Use Plan
This local plan amendment was not the subject of a Broward County Land Use Plan (BCLUP) amendment. The purpose of the local amendment is to change the designation of the subject parcel from Recreation and Open Space to Community Facilities - Administration, for the construction of a municipal fire station. The adopted BCLUP designation of the subject site is Recreation and Open Space, which permits publicly owned community facilities up to 5 acres in size, provided that the local government can demonstrate that it will continue to meet the minimum open space requirement of 3 acres per one thousand existing and permanent population. As the subject site will be utilized as a municipal fire station, is less than 5 acres in size and the City of Coral Springs has demonstrated that it will continue to meet the open space requirement, the amendment is consistent with the Recreation and Open Space land use category of the BCLUP.
II. Application of Flexibility Rules
The amendment does not utilize any of the “Flexibility Provisions” of the BCLUP.
III. Parks Requirement
The City of Coral Springs has 806.9 acres in its open space and parks inventory, including the removal of 1.36 acres of recreation and open space with this amendment. The 2045 projected population (142,885) requires approximately 428.7 acres to meet the community parks acreage requirement of 3 acres per one thousand persons population. The subject land use plan amendment will have no net impact on the projected demand for local parks. The City of Coral Springs will continue to meet the community parks acreage requirement of the Broward County Land Use Plan of 3 acres per one thousand persons population.
- 2 - PH 3
RECERTIFICATION OF THE CITY OF PEMBROKE PINES FUTURE LAND USE ELEMENT TEXT PCR 21-7
INTRODUCTION/BACKGROUND
Pursuant to the Broward County Charter, local governments in Broward County are required to submit all amendments to their certified land use elements for recertification by the Planning Council to ensure consistency with the BrowardNext - Broward County Land Use Plan (BCLUP).
The City of Pembroke Pines has submitted a text amendment to its Future Land Use Element to the Planning Council for recertification. The City adopted its local amendment on February 3, 2021 (Ordinance No. 1957), and it has completed the Chapter 163, Florida Statutes, comprehensive plan amendment review process.
The City recently adopted its updated Water Supply Work Plan (WSWP) to align with the current South Florida Water Management District (SFWMD) regional water supply plan as required by Florida Statutes. This text amendment updates the City’s Future Land Use Element to reflect the WSWP timeframe consistent with the SFWMD. See Attachment 1.
Planning Council staff review finds that the City of Pembroke Pines Future Land Use Element is in substantial conformity with the BCLUP. It is noted that the Council’s review regarding (re)certifications is limited in scope with the Council’s authority based on whether the municipal plan is in substantial conformity with the policies and rules of the BCLUP. It is not a re- examination of the merits of the original municipal amendment. In addition, it is noted that per Administrative Rules Document: BrowardNext Article 2.5(A)(4), if the Council determines that a recertification request is not in substantial conformity with the Broward County Land Use Plan, the Council must state its reasons for rejection, alterations or modifications and notify the local government in writing.
RECOMMENDATIONS/ACTIONS DATE
I. Planning Council Staff Recommendation June 15, 2021
Planning Council staff concludes that the local plan amendment is in substantial conformity with the BCLUP. It is recommended that the recertification of the Pembroke Pines Future Land Use Element text be approved.
ATTACHMENT
1. City of Pembroke Pines Future Land Use Element Text Amendment
- 1 - ATTACHMENT 1
FUTURE LAND USE ELEMENT ADOPTION DOCUMENT
OBJECTIVE VII
Continue to maintain a concurrency management system to assure the availability of facilities and services which meet the adopted level of service standards as identified in the City’s Comprehensive Plan elements and land development regulations, as amended and updated, is concurrent with the impacts of new development.
Evaluation Measures Objective VII - Annual record of the City maintaining or exceeding adopted level of service standards; and reduction of facilities that do not meet or decrease adopted level of service standards.
Policy 7.1 - All facilities and services will either meet the adopted level of service standards identified in the Comprehensive Plan elements and land development regulations, and are available concurrent with the impacts of development, or development orders and permits are specifically conditioned on the availability of the facilities and services necessary to serve the proposed development.
Policy 7.2 - The Planning Division shall apply the concurrency management system pursuant to the land development regulations, as amended and updated, during the development review process.
Policy 7.3 - Individual and cumulative impacts of land use plan amendments shall be considered on existing and planned public services and facilities.
Policy 7.4 - Through the development review process, the City shall continue to ensure safe and convenient on-site vehicular and pedestrian movement, off-street parking, access control management techniques, right-of-way dedications and acquisitions, and adequate access for service and emergency vehicles.
Policy 7.5 - By 20082025, the City will update the land development regulations to reflect changes to the level of service standards in conformance with those identified in the Comprehensive Plan elements.
Policy 7.6 - Future land use plan amendments shall successfully complete Chapter 163, Florida Statutes review prior to recertification by the Broward County Planning Council.
Policy 7.7 - The City will update the vacant land analysis in coordination with the Transportation Element, and submit it with the EAR amendments in order to determine if there are adequate sites at sufficient densities to accommodate identified affordable housing needs, and provide direction for amendments to the future land use map and future land use categories to ensure that a sufficient supply of potential affordable housing sites are designated.
1 FUTURE LAND USE ELEMENT ADOPTION DOCUMENT
Policy 7.8 - Development permits granted by the City shall be consistent with the Development Review Requirements section of the Broward County Land Use Plan, as amended.
Policy 7.9 – Proposed Future Land Use Plan map amendments shall be supported with data and analysis demonstrating that adequate water supplies and associated public facilities will be available to meet the projected growth demands (cross-reference Existing IE Policy 8.7).
Policy 7.10 - The City of Pembroke Pines shall update the population projections contained within the Future Land Use Element in coordination with the 10 year water supply work plan no later than the next EAR update which is required to be updated within 18 months after the South Florida Water Management District updates the regional supply plan..
Policy 7.11 - The City of Pembroke Pines shall monitor water demands and future land use plan amendments within the City's service area as defined in the adopted 10 year water supply work plan, as amended.
Policy 7.12 - Effective July 8, 2009, the City of Pembroke Pines is designated a Transportation Concurrency Exception Area (TCEA) pursuant to Senate Bill 360 and the Legislature's Office of Economic and Demographic research, with the exception of the Broward County Transportation Concurrency Management areas further described in the Transportation Element.
Policy 7.13 - Within two years of July 8, 2009, the City of Pembroke Pines will coordinate with Broward County and other municipalities, and adopt land use and transportation strategies to support and fund mobility in the TCEA which will include alternative modes of transportation during the next amendment cycle following Broward County adoption.
OBJECTIVE VIII
Continue to implement land development regulations which insure the revitalization or redevelopment of any blighted areas that may be identified in the future, and encourage the provision of affordable housing opportunities for the residents with special attention to the low and very low income populations.
Evaluation Measure Objective VIII - Annual record of code enforcement activities relating to property maintenance; and annual record of housing assistance programs.
Policy 8.1 - Bond financing, and federal, state and local funding programs will continue to be utilized to the fullest extent possible.
2 PH 4
RECERTIFICATION OF THE CITY OF POMPANO BEACH FUTURE LAND USE ELEMENT TEXT PCR 21-8
INTRODUCTION/BACKGROUND
Pursuant to the Broward County Charter, local governments in Broward County are required to submit all amendments to their certified land use elements for recertification by the Planning Council to ensure consistency with the BrowardNext - Broward County Land Use Plan (BCLUP).
The City of Pompano Beach has submitted its Future Land Use Element to the Planning Council for recertification. The City adopted its local amendment on October 27, 2020 (Ordinance No. 2021-04), and it has completed the Chapter 163, Florida Statutes, comprehensive plan amendment review process.
The amendment revises the Goals, Objectives Policies section of the City’s Future Land Use Element for consistency with State requirements, the BCLUP and the Administrative Rules Document: BrowardNext. The amendment addresses issues such as design standards, sustainability and resiliency, density and intensity standards, smart growth principles, compatibility, equitable neighborhoods and economic development. Further, the amendment revises the definitions and permitted uses of the City’s Land Use Plan Implementation Requirements section to be consistent with the BCLUP, as well as general housekeeping, including updating BCLUP references. See Attachment 1. It is noted that the City adopted an updated Future Land Use Element in its entirety.
Planning Council staff review finds that the City of Pompano Beach Future Land Use Element is in substantial conformity with the BCLUP. It is noted that the Council’s review regarding (re)certifications is limited in scope with the Council’s authority based on whether the municipal plan is in substantial conformity with the policies and rules of the BCLUP. It is not a re- examination of the merits of the original municipal amendment. In addition, it is noted that per Administrative Rules Document: BrowardNext Article 2.5(A)(4), if the Council determines that a recertification request is not in substantial conformity with the Broward County Land Use Plan, the Council must state its reasons for rejection, alterations or modifications and notify the local government in writing.
RECOMMENDATIONS/ACTIONS DATE
I. Planning Council Staff Recommendation June 15, 2021
Planning Council staff concludes that the local plan amendment is in substantial conformity with the BCLUP. It is recommended that the recertification of the Pompano Beach Future Land Use Element text be approved.
ATTACHMENT
1. City of Pompano Beach Future Land Use Element Text Amendment
- 1 - ATTACHMENT 1
CITY OF POMPANO BEACH
Comprehensive Plan Goals, Objectives, Policies Adopted October 27, 2020
PLANNING HORIZON | 2020-2040 By
Purpose and Direction: The intent of the Future Land Use Element is to encourage sustainable development and meet the City’s vision for its future built environment and meet the requirements of the Broward County Land Use Plan. The goals, objectives and policies, along with the Future Land Use Map, 01. guide the distribution and intensity of future land uses, while meeting social, economic and environmental needs, provide for FUTURE adequate services and facilities, and ensure compatibility of adjacent land uses. LAND USE The goals, objectives and policies promote transit oriented ELEMENT development along the major corridors; support access to a comprehensive local and regional multi-modal transportation network that moves the City toward a balanced system that Plan It! Pompano accommodates the pedestrian and transit users as well as drivers; recognize that capital investments must support future growth while accommodating the anticipated sea level rise; and contribute to a sustainable environment and a high quality of life.
FUTURE LAND USE ELEMENT
Goals, Objectives, and Policies
The attainment of a living environment which provides the maximum physical, economic and social
Goal 01: well-being for the City and its residents through the thoughtful and planned use and control of the natural and man-made environments that discourages urban sprawl, is energy efficient and reduces greenhouse gas emissions.
Objective 01.01.00 – Future Land Use Plan and Levels of Service Maintain the City’s Future Land Use Map consistent with the Broward County Land Use Plan to ensure and all development permits issued are consistent with the City and County land use plans and the adopted level of service requirements for the availability of facilities and services can be met. The adopted levels of service standards will be adjusted over time as necessary to address the impacts of sea level rise and climate change.
Policy 01.01.01 Adopt and maintain community services based on the level of service standards contained in the various Elements of the City's Comprehensive Plan which may be adjusted over time to address the impacts of sea level rise and climate change.
Policy 01.01.02 Review all proposals for development or redevelopment and base the approval of same on the continued maintenance of all adopted Level of Service Standards which may be adjusted over time to address the impacts of sea level rise and climate change.
Policy 01.01.03 Phase development concurrent with the availability or phasing of infrastructure, potable water, wastewater, transportation, solid waste, schools and drainage capacity.
Policy 01.01.04 Maintain public and private recreation and open space facilities at a level of five (5) acres for each 1,000 residents.
Policy 01.01.05 Review proposals for new development, including future land use plan amendments, to identify the cumulative impacts of the proposed development on public services and facilities.
Policy 01.01.06 All site plan applications shall provide pedestrian facilities, such as but not limited to sidewalks and street trees (where not in conflict with underground utilities and permitted by City Engineer)
Policy 01.01.07 All site plan applications shall identify existing facilities and provide, where deficient, transit improvements, such as but not limited to bus shelters, benches, hardened surface for loading and unloading, garbage cans, bicycle racks and appropriate pedestrian connections along bus route, subject to coordination with Broward County Mass Transit.
Policy 01.01.08 Those facilities which are subject to concurrency requirements include: transit, parks and recreation, drainage and flood protection, potable water, solid waste, sanitary sewer facilities and public schools.
Policy 01.01.09 To ensure the adequate provision of public services and facilities, the City shall take into consideration the tourist population and the seasonal demands placed upon the City’s infrastructure.
CITY OF POMPANO BEACH COMPREHENSIVE PLAN 1-1
FUTURE LAND USE ELEMENT Policy 01.01.10 The City shall utilize the highway capacity methodology endorsed by the Broward County Metropolitan Planning Organization and approved by the Broward County Board of County Commissioners to determine the capacities and levels of service on the regional roadway network.
Policy 01.01.11 Require that all future land use map amendments ensure the availability of potable water supplies and water supply facilities, and reuse where available.
Policy 01.01.12 The City’s Future Land Use Map will be in conformance with the County’s Land Use Plan and will implement the County’s regional vision including provision of essential public services and facilities, enhanced sustainability and livability and give priority to protecting public beach access sites.
Policy 01.01.13 The City shall utilize flexibility units and redevelopment units to increase residential densities within the flex receiving area when consistent with the community character; adjacent land uses; and public school capacity both within Pompano and affected contiguous municipalities; and has undergone a compatibility review relative to potential impacts on Environmentally Sensitive Lands and County or regional parks in accordance with Policy 2.10.01 of the Broward County Land Use Plan.
Policy 01.01.14 A studio or efficiency housing unit, no greater than 500 SF in size may be counted as 0.5 units for residential density calculations.
Policy 01.01.15 The City will continue to differentiate on the adopted Future Land Use and Zoning Maps, the commercial and industrial land use categories and zoning designations which are consistent with but more specific than the County’s Commerce land use category in regard to intensity, permitted uses and compatibility with adjacent and surrounding land uses.
Policy 01.01.16 Future Land Use Plan amendments that contain golf courses will be reviewed in accordance with County policy 2.5.5.
Policy 01.01.17 Building permits will not be granted unless the property has an approved plat or platting exemption per County policy 2.13.1.
Policy 01.01.18 Future Land Use Plan amendments that create 100 additional residential units or more will be reviewed in conformance with County policy 2.16.2 in regard to affordable housing.
Objective 01.02.00 – Right-of-Way Protection and Accessibility Protect the existing and future right-of-way from building encroachments and ensure proper accessibility with the roadway and transit network.
Policy 01.02.01 Require a traffic impact analysis for development projects when necessary to determine post-development conditions of adjacent roadways and the local multimodal transportation system.
Policy 01.02.02 Approve site plans, plats and other development approvals on the condition that the applicant will dedicate right- of-way according to the requirements of the Broward County Trafficways Plan and the City’s street standards in Chapter 100 of the City’s Code of Ordinances.
CITY OF POMPANO BEACH COMPREHENSIVE PLAN 1-2
FUTURE LAND USE ELEMENT Policy 01.02.03 The City shall not issue building permits or development orders for construction within identified rights-of-way in order to protect the transportation corridors identified on the Broward County Trafficways Plan and to meet the street right-of-way standards in Chapter 100 of the City’s Code of Ordinances.
Policy 01.02.04 All property to be platted, or newly created lots are encouraged to be directly accessible from a publicly dedicated and improved road, which satisfies the right-of-way requirements of the Broward County Trafficways Plan and/or the street right-of-way standards in Chapter 100 of the City’s Code of Ordinances.
Policy 01.02.05 Where appropriate, approve site plans, plats and other development on the condition the applicant will dedicate additional right-of-way for bus shelters and sidewalks connecting to mass transit facilities including community shuttle buses, car sharing, on-demand transport and other modes of emerging transportation options.
Objective 01.03.00 – Inconsistent Land Uses Annually review and periodically update adopted land development regulations and established procedures that encourage the elimination or reduction of uses inconsistent with the City's character and Future Land Use Plan.
Policy 01.03.01 Eliminate or reduce nonconforming uses which are inconsistent with the land development regulations and the designations of the Future Land Use Plan map.
Policy 01.03.02 Require residential densities of zoning districts to be consistent with the densities on the Future Land Use Map.
Policy 01.03.03 Encourage property owners to rezone the subject properties when initiating development and/or redevelopment proposals to be consistent with the designations on the Future Land Use Map.
Policy 01.03.04 Consider the preservation of established single family neighborhoods in all rezonings, land use plan amendments and site plan approvals.
Policy 01.03.05 All Land Use Plan Map amendments and rezonings shall provide for the orderly transition of varying residential land use designations.
Policy 01.03.06 Consider density and intensity revisions with an emphasis on minimal negative impacts to existing residential areas, particularly single family areas.
Policy 01.03.07 Require the provision of building height transitions and decorative structural or vegetative buffers between different density residential land uses, and residential and non-residential land uses.
Policy 01.03.08 Establish criteria to protect residential areas and other land uses that are adjacent to industrial and commercial areas from excessive, odors, traffic and parking impacts.
Policy 01.03.09 Discourage Future Land Use Map amendments, rezonings or other methods that would place residential units into or adjoining industrial land use designations.
CITY OF POMPANO BEACH COMPREHENSIVE PLAN 1-3
FUTURE LAND USE ELEMENT Policy 01.03.10 Support and promote hotels, motels and other tourist accommodations in designated residential, commercial and commercial recreation land use designations.
Policy 01.03.11 Consider the compatibility of adjacent land uses in all Land Use Plan amendments and rezonings.
Policy 01.03.12 The following criteria may be used in evaluating rezoning requests: A. Density; B. Design; C. Distance to similar development; D. Existing adjoining uses; E. Proposed adjoining uses; F. Readiness for redevelopment of surrounding uses; and. G. Proximity to mass transit.
Policy 01.03.13 Future industrial land uses shall be located with access to major transportation facilities including highways, airports, railroads, and seaports.
Policy 01.03.14 The Future Land Use map and site plans prepared in conformance with the designated land uses will address compatibility with the existing and planned greenways identified on the Broward County Greenways System Map.
Objective 01.04.00 – Major Corridor Land Use Support and promote the intermix of residential and commercial uses along major traffic corridors.
Policy 01.04.01 The Planning Department shall support and promote the intermix of residential and commercial uses along major traffic corridors, where mass transit is available, through the allocation of flex and redevelopment units and approval of land use plan map amendments allowing for mixed use and residential developments.
Policy 01.04.02 The City of Pompano Beach shall amend its land development regulations to reduce parking requirements for residential and commercial uses along major corridors where it can be shown that pedestrian and transit amenities are provided, shared parking is provided, or sufficient public parking is nearby.
Policy 01.04.03 Except for schools, regional and community facilities shall be located close to major traffic corridors and mass transit routes adequate to carry the volume of traffic generated by such facilities.
Policy 01.04.04 Special exception uses on major corridors including the city’s gateway streets (Atlantic Boulevard, Dr. Martin Luther King, Jr. Boulevard and NW 31st Avenue) will be required to provide landscaping and beautification in excess of standard code requirements along all major street frontages.
Objective 01.05.00 – Flood Protection Require all substantial improvement, new development and redevelopment to be consistent with the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM); Chapter 152 of the City’s Code and future maps being prepared to determine appropriate finished floor elevations and crown of road elevations based on projected sea level rise.
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FUTURE LAND USE ELEMENT Policy 01.05.01 Continue to require all substantial improvement, new development and redevelopment to be consistent with the minimum finished floor elevations as specified in the Federal Emergency Management Agency Flood Insurance requirements, the South Florida Building Code, Chapter 152 of the City’s Code of Ordinances and future maps being prepared to determine appropriate finished floor elevations and crown of road elevations based on adopted sea level rise projections.
Policy 01.05.02 Continue to enforce the land development regulations in Chapter 152 of the City’s Code of Ordinances which require finished floor elevations be above the highest point of the adjacent road crown elevations for all new development and substantial improvement in areas that are not identified as flood zones on the FEMA FIRM or where the required finished floor elevation would otherwise be lower.
Policy 01.05.03 The City of Pompano Beach shall require redevelopment within identified 1 percent chance floodplains and areas subject to flooding with sea level rise to address existing and potential flooding problems, as may be identified on-site and in the adjacent street network.
Policy 01.05.04 The City shall regulate development on flood prone soil, as defined by the U.S. Soil Conservation Service, consistent with the criteria and mapping of the Federal Emergency Management Administration.
Policy 01.05.05 The City shall continue to participate in National Flood Insurance Program Community Rating System through the annual recertification process which enables residents and businesses to receive a discount on flood insurance policies.
Policy 01.05.06 The City shall continually strive to maintain and upgrade the community rating under the CRS program requirements to enable residents and businesses to receive an additional discount on their flood insurance policies while producing a more sustainable, flood resilient community.
Policy 01.05.07 The City shall maintain the National Flood Insurance Program maps and future maps being prepared which identify appropriate base flood elevations and crown of road elevations based on adopted sea level rise projections, in GIS format which enables users to easily identify individual properties.
Policy 01.05.08 The City shall participate in various processes which seek to update the existing 1 percent chance flood plain maps.
Policy 01.05.09 The City will amend the Zoning Code as necessary to ensure that properties proposing to build with a sustainable finished floor elevation that accommodates the necessary freeboard to accommodate adopted sea level rise projections will not be penalized in relation to maximum building height.
Objective 01.06.00 – Natural Resources & Historic/Cultural Preservation Protect natural resources and historic/cultural properties in all land use considerations.
Policy 01.06.01 Consider and minimize the impacts that land use amendments, rezonings or site plan approvals have on natural resources, including wetlands, and culturally, historically, archaeologically and paleontologically significant resources.
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FUTURE LAND USE ELEMENT Policy 01.06.02 Through the activities of the Historic Preservation Committee, identify and encourage property owners to list their historic and culturally significant structures on the local, state and/or national registers of historic places, as appropriate.
Policy 01.06.03 Refer to the Local Register of Historic Places for buildings and houses worthy of continued preservation prior to issuance of any building or demolition permits.
Policy 01.06.04 The City shall maintain a map and current list of culturally, historically, archaeologically and architecturally significant properties and encourage the property owners to protect these resources.
Policy 01.06.05 Promote the acquisition, retention and management of unique natural areas in the City to preserve their environmental, recreational and other public benefits.
Policy 01.06.06 Require permits for new development/redevelopment to include landscape plans for native vegetation, reestablishment or creation of tree canopy, and require the removal of exotic vegetation species.
Policy 01.06.07 Enforce the procedures for compliance with the County Wellfield Protection Ordinance in areas of the City that fall within Zone 3 as depicted on the County’s natural resource map series, at all levels of development, including Land Use Plan Amendments and Site Plans.
Policy 01.06.08 Review all proposals for development with consideration to the County’s Natural Resource Map Series and discourage activities which would have a detrimental impact on significant natural resource areas which may or may not be designated by Broward County as Local Areas of Particular Concern.
Policy 01.06.09 Require all development on the barrier island lying partially on or seaward of the Coastal Construction Control line to comply with the provisions as set forth in Chapter 161 Florida Statutes.
Policy 01.06.10 Protect the integrity of the two wellfields by designating wellfield sites with a suitable land use designation which restricts inappropriate development.
Policy 01.06.11 Protect the integrity of the two wellfields by City ownership of the wellfield sites or restrictive easements on the wellfield sites and the water lines from the wells.
Policy 01.06.12 Review all land use plan map amendments, rezonings and site plan applications to ensure that there is sufficient wastewater collection and treatment facilities, potable water resources available and if reuse water is available, require it be used, and that they pose no noxious impacts to the Biscayne Aquifer.
Policy 01.06.13 Work with Broward County and interested stakeholders to study and recommend incentives to preserve designated environmentally sensitive lands that are privately controlled.
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FUTURE LAND USE ELEMENT Objective 01.07.00 – New Land Use Regulations Encourage the adoption of innovative land development regulations. Adopt new land use designations as strategies continue to evolve to implement for Residential, Mixed Use, Transportation Oriented Districts and Transportation Oriented Corridors and amend the land development regulations, including the creation of new zoning districts for these land use designations to facilitate sustainable and resilient redevelopment and support adaptation strategies in the build environment that accommodate the adopted sea level rise projections.
Policy 01.07.01 Continue to evaluate and improve the City’s land development regulations to facilitate sustainable and resilient redevelopment and support adaptation strategies in the build environment that reduce greenhouse gas emissions and accommodate the adopted sea level rise projections.
Policy 01.07.02 Continually review and amend new land use designations for Residential, Mixed Use and Transportation Oriented Districts.
Policy 01.07.03 Evaluate and revise the land use regulations to conform to current development practices as to housing types and mixed use developments.
Policy 01.07.04 Through the ongoing updates to the land development regulations consider the development of various housing units types and residential lots including single family, cluster homes, zero lot line, staggered setbacks and zipper lots, coach houses, townhouses, stacked townhouses, courtyard buildings, terraced buildings and sculptured towers.
Policy 01.07.05 Through ongoing updates to the land development regulations revise the existing off-street parking provisions of the zoning code considering, shared parking, parking space size, compact spaces, parking rates by uses, etc.
Policy 01.07.06 Through ongoing updates to the land development regulations revise prohibited and permitted uses in the mixed use, commercial, industrial and non-residential zoning districts.
Policy 01.07.07 Through ongoing updates to the land development regulations provide standards for the upgrading and redevelopment of existing strip commercial areas to meet current code requirements such as access, landscaping, parking and setbacks.
Policy 01.07.08 Through ongoing updates to the land development regulations develop new zoning districts that encourage redevelopment, including mixed use along major highway corridors.
Policy 01.07.09 Through ongoing updates to the land development regulations revise parking codes and design criteria to include incentives for mass transit use and other transportation alternatives that don’t require parking spaces.
Policy 01.07.10 Through ongoing updates to the land development regulations revise parking codes to allow for parking space credit for onsite accommodation for transportation options that do not require parking.
Policy 01.07.11 Through ongoing updates to the land development regulations revise parking codes to require the provisions of on-street parking where appropriate.
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FUTURE LAND USE ELEMENT Policy 01.07.12 Through ongoing updates to the land development regulations provide criteria/uses specific standards for the approval of new outdoor storage uses and a list of acceptable uses.
Policy 01.07.13 Through ongoing updates to the land development regulations provide incentives for hotel development.
Policy 01.07.14 Through ongoing updates to the land development regulations provide criteria/ use specific standards for places of assembly in commercial shopping centers.
Policy 01.07.15 Through ongoing updates to the land development regulations, review landscape codes to encourage the planting of the most appropriate type and location of landscaping which provide the maximum benefits to structures and pedestrians, decrease debris collection, and recognize that sea level rise will require salt tolerate landscaping in areas subject to flooding from high tides and in areas subject to saltwater intrusion into the groundwater.
Policy 01.07.16 Through ongoing updates to the land development regulations provide criteria/use specific standards for accessory dwelling units and exempt these units from density calculations.
Policy 01.07.17 The maximum intensity of development within the following nonresidential land use categories will be determined as follows:
Category Maximum Lot Coverage Maximum Building Height C Commercial 60% 105 feet 100% Lot Coverage permitted in Downtown Historic Core Area and Downtown Historic Transitional Overlay Districts. Additional lot coverage and building height permitted in Atlantic Boulevard Overlay District provided special Zoning Code requirements are met Additional building height and lot coverage may be permitted in Planned Development Zoning Districts. CF Community 25% 60 feet Facility 105 Feet Building Height is permitted for properties located in the Atlantic Boulevard Overlay District. Additional lot coverage permitted in Atlantic Boulevard Overlay District provided special Zoning Code requirements are met CR Commercial 50% 105 feet Recreation Additional lot coverage permitted in Atlantic Boulevard Overlay District provided special Zoning Code requirements are met I Industrial 65% 45 feet OR Recreation and N/A Determined at Rezoning Open Space** 105 Feet Building Height is permitted for properties located in the Atlantic Boulevard Overlay District. U Utilities** N/A Determined at Rezoning RAC Regional Activity N/A Determined at Rezoning Center LAC Local Activity N/A Determined at Rezoning Center T Transportation** N/A Determined at Rezoning ** No lot coverage and height specified for these public use districts.
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FUTURE LAND USE ELEMENT Policy 01.07.18 Continue to implement the incentives for providing affordable housing per the policies in the Broward County Land Use Plan and/or in the City’s land development regulations including the use of density bonuses, flex and redevelopment units for affordable housing and the expedited permit review process for developments primarily aimed at providing affordable housing.
Policy 01.07.19 The City's land development code shall include provisions to encourage or enable a variety of housing opportunities in varying price ranges, including housing for low and moderate income families in large scale residential developments.
Policy 01.07.20 Amend the Land Development Code and Chapter 100 to adopt consistent street sections based on adopted right-of-way standards to ensure that all streets developed within the City provide an optimal Complete Street section.
Policy 01.07.21 Amend the Land Development Code to require special exception uses on major corridors including the city’s gateway streets (Atlantic Boulevard, Dr. Martin Luther King, Jr. Boulevard and NW 31st Avenue) to provide landscaping and beautification in excess of standard code requirements along all major street frontages.
Objective 01.08.00 – Community Redevelopment Areas Amend the Land Use Plan map and Zoning map to support new development and redevelopment in the Community Redevelopment Areas.
Policy 01.08.01 Follow the recommendation of the Community Redevelopment Plans in all Land Use Plan amendments and rezonings.
Policy 01.08.02 Develop a schedule for the expansion of infrastructure facilities such as roadway, sidewalks, drainage, water and sewer services in the Community Redevelopment areas in conjunction with the phasing and timing of the Redevelopment Plans and plans for the Innovation District within the Downtown TOC.
Policy 01.08.03 Continue the construction of facilities such as roadway, drainage, water and sewer facilities and enhanced medians and other street section beautification efforts in the northwest Dr. Martin Luther King Jr. Blvd, NW 31st Avenue and Atlantic Boulevard corridors. Encourage auto-oriented and industrial development along these gateway corridor to provide an enhanced roadway frontage for both the building facades and the landscaping visible from the roadway to beautify the corridor.
Policy 01.08.04 All streetscape design associated with the redevelopment efforts in the Northwest CRA area will be implemented consistent with city-wide design, construction and performance standards for street lighting, paved public roadways, sidewalks, landscaping and bus stop shelters.
Policy 01.08.05 The City, in coordination with the NWCRA, will identify areas that have developed without the benefit of platting to establish property lines and dedicated right-of-way for access and will work with existing property owners to ensure that public street right-of-way is delineated and public streets are constructed consistent with citywide design standards and that the Future Land Use Map and Zoning Map are consistent and appropriate for these areas.
Objective 01.09.00 – Hurricane Preparedness Continue City-wide emergency management, mitigation, preparedness and responsive actions to protect
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FUTURE LAND USE ELEMENT residences and businesses from hurricanes and other weather related events.
Policy 01.09.01 Continue to reject future land use plan amendments for increased density in the coastal area unless a consistency determination can be made with the Broward County Hurricane Evacuation Plan, or unless a finding can be made that the amendment will not increase current evacuation times and/or exceed emergency shelter capacities.
Policy 01.09.02 Adhere to the City’s Unified Flex Zone which does not contain a receiving area located east of the Intracoastal Waterway.
Policy 01.09.03 Adhere to Broward County/State of Florida requirements mandating high rise buildings of 75 feet or higher to maintain a working generator and fuel for elevator usage. Maintain an annual inspection program to ensure compliance.
Policy 01.09.04 Encourage homeowners to retrofit and fortify homes in accordance with Florida Building Code and recommendations to insure that they can withstand tropical or hurricane force winds and water associated with storms.
Policy 01.09.05 Cooperate with Broward County and other partners with mitigation research to identify methods to retrofit existing structures to be more hurricane resistant.
Policy 01.09.06 Collaborate with Broward County through participation with updates and adoption of the Enhanced Local Mitigation Strategy (ELMS).
Policy 01.09.07 Evaluate the feasibility of retrofitting/reconstructing existing city buildings and facilities to make them more hurricane resistant and build all new City buildings and facilities to be power ready with a transfer switch and generator.
Policy 01.09.08 Discourage new uses, such as, mobile home parks, community homes and other special needs facilities from locating in Hurricane Evacuation Zones, which require mandatory evacuation during hurricane or tropical storm warnings
Policy 01.09.09 Maintain a public emergency notification system to ensure the public is notified of known emergency situations.
Policy 01.09.10 Maintain a public education campaign utilizing through emergency management’s outreach and community education presentations, maintenance of the emergency management webpage on city’s website as well as through the Pompano Beach Citizens Corps and Community Emergency Response Team (CERT) training program.
Policy 01.09.11 City departments will maintain contracts with emergency primary and secondary vendors to including but not limited to: communications, fuel, emergency power equipment, debris removal, emergency food, water and ice, equipment including forklifts, portable toilets, etc. City departments shall maintain contracts to ensure access to services and supplies.
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FUTURE LAND USE ELEMENT Policy 01.09.12 Periodically update the Enhanced Local Mitigation Strategy documents by adding new resilience-related capital projects.
Policy 01.09.13 Maintain a Comprehensive Emergency Operations Plan (CEOP) to include annexes for hurricane, natural, man- made and pandemic events as well as a point of distribution plan.
Policy 01.09.14 Implement regulations that mandate gasoline stations, food stores, and other critical facilities be power ready with generators.
Policy 01.09.15 Evaluate the feasibility of retrofitting intersection lights for power readiness.
Policy 01.09.16 Develop a program to make city lift stations, community centers and other critical facilities power ready.
Policy 01.09.17 Cooperate with Broward County and FDOT in replacing span wire traffic lights with mast arm traffic lights.
Policy 01.09.18 In coordination with Broward County, maintain the vulnerable population and special needs registries.
Policy 01.09.19 Coordinate with Broward County in the preparation of a post disaster redevelopment plan and a long-term recovery and redevelopment strategy. Both plans should include the reestablishment of the tree canopy as a primary consideration.
Objective 01.10.00 – Utility Facilities Ensure the availability of suitable land for utility facilities required to serve the existing and future development of the City.
Policy 01.10.01 Continue to re-evaluate the need for additional property adjacent to existing utility plants or utility facilities in order to meet future development needs.
Policy 01.10.02 Continue to require the dedication of sites, easements, and rights-of-way for utilities which are needed to serve the proposed projects and surrounding land uses, as a condition of the approval of development plans.
Policy 01.10.03 Continue to require site plan review and screening at proposed sites for electric substations and switching stations, wastewater pumping stations, water storage facilities, reclaimed water storage and pumping facilities, and other utility land uses in all land use categories and zoning districts.
Policy 01.10.04 The city shall require existing development on septic tanks and private wells to hook up to centralized sewer and water facilities as they become available and will make extension of and connection to centralized sewer facilities in proximity to surface waters a priority.
Policy 01.10.05 Electric lines will be installed underground to the maximum extent feasible to minimize electric service disruptions during natural disasters.
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FUTURE LAND USE ELEMENT Policy 01.10.06 Encourage the installation of solar ready and electric vehicle ready infrastructure in all development and redevelopment projects and encourage battery storage to the maximum extent feasible to create opportunities for off-the-grid facilities that can maintain service during power-grid outages.
Objective 01.11.00 – Dredge Spoil Sites The City of Pompano Beach shall identify and ensure the availability of dredge spoil sites.
Policy 01.11.01 The City shall coordinate with Broward County Department of Natural Resource Protection, Florida Inland Navigation District (FIND) and the Army Corp of Engineers to maintain the development status of existing FIND parcels to allow for use as dredge spoil sites in cases of emergency.
Policy 01.11.02 Limit activity on the identified FIND parcels by submitting improvement plans to FIND for approval.
Policy 01.11.03 Prior to each Evaluation and Appraisal Report preparation, contact FIND to ensure that existing sites are adequate or to ascertain if new sites have been acquired or are needed.
Policy 01.11.04 The following criteria are established for dredge spoil site selection: A. The site(s) are in near proximity to the Intracoastal Waterway or connecting waterways. B. The site(s) are not located in established residential neighborhoods. C. The site(s) are located with access to roadway systems to allow vehicular access to the site.
Objective 01.12.00 – Broward County School Board The City of Pompano Beach shall cooperate with the Broward County School Board on the selection of sites for new schools, redevelopment and or expansion of existing school sites and encourage the collocation of libraries and park and recreation facilities where possible.
Policy 01.12.01 Coordinate the site selection for any new school or redevelopment and/or expansion of an existing school with representatives of the City Planning, Parks and Recreation and Police Departments, together with representatives of the School Board, Broward County Comprehensive Planning and Library departments to identify potential sites and/or issues concerning redevelopment of the site, including the acquisition of adjoining properties.
Policy 01.12.02 Schools shall be allowed on properties with Residential or Community Facilities Land use designations
Policy 01.12.03 Consider the collocation of libraries and parks and recreation sites at proposed site locations for new schools.
Policy 01.12.04 The following criteria pertain to the location of new schools:
A. Locate proposed school sites away from industrial uses, major arterials roadways (e.g. freeways), railroads, airports and similar land uses to avoid noise, odors, dust and traffic impacts and hazards. B. Provide buffers to shield the impacts from incompatible land uses such as industrial uses, major arterials roadways (e.g. freeways), railroads, airports and similar land uses to avoid noise, odors, dust and traffic impacts and hazards as part of the redevelopment of existing school sites. C. Consider surrounding land uses such as hospitals, adult communities, nursing homes and similar land uses that may be disrupted by school activities and traffic during the selection of new sites or redevelopment of existing sites.
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FUTURE LAND USE ELEMENT D. Centrally locate proposed new schools within their intended attendance zones, to the extent possible, and be consistent with walking and bus travel time standards. E. Ensure that the proposed site for a new school shall be of sufficient size so that buildings and ancillary facilities and future expansions can be located away from flood plains, flood prone areas, wetlands and other environmentally sensitive areas, coastal high hazard areas, and will not interfere with historic or archaeological resources. F. Make public utilities (e.g. water, sewer, storm drains) readily available to the site. G. Access to the proposed school site should be from a collector road (minor collector or local road for an elementary school) and avoid the need for slow down zones, if possible. H. The ingress and egress to the proposed school site, should not create detrimental impacts on adjacent roads, provide safe approaches for pedestrians, bicyclists, cars and buses, and mass transit or community shuttle stop should be located nearby. I. Implement the “safe routes to school” (SRTS) program to make schools and parks more accessible for children, including those with disabilities. The City supports further collaboration with FDOT and Broward Schools in funding SRTS improvements. Information available at https://www.fdot.gov/safety/2a- programs/safe-routes-funding.shtm.
Policy 01.12.05 The City will support the Broward County School Board, as appropriate, in implementation of the criteria for expansion of existing school sites in accordance with the adopted Interlocal Agreement between the cities and the School Board for school concurrency.
Policy 01.12.06 The City in collaboration with the School Board and Broward County shall implement concurrency management systems consistent with the policies included in the Broward County and the City’s Public School Facility Element with procedures and requirements included within the City of Pompano Beach’s land development regulations and the Interlocal Agreement for Public School Facility Planning.
Objective 01.13.00 – Local Activity Center Encourage compact development reflecting characteristics which include a mixture of community serving uses such as commercial, office, employment, civic and institutional, recreation and open space and residential, characterized by an efficient infrastructure, close–knit neighborhood and sense of community, preservation of natural systems, promotion of pedestrian circulation and convenient access to mass transit facilities through the establishment of a Local Activity Center land use category
Policy 01.13.01 Local Activity Centers will support the location of uses in a manner oriented around the five-minute (i.e. quarter mile) walk. Multiple nodes of activity oriented five-minute (i.e. quarter mile) walk may be included within the one Local Activity Center.
Policy 01.13.02 Local Activity Centers will support the location of uses and internal circulation such that pedestrian mobility is a priority. All land uses in a Local Activity Center shall be directly accessed via pedestrian ways, and accessible to existing or future alternate public transportation modes, including bicycle and transit.
Policy 01.13.03 Park Land and/or open space that is accessible to the public must be included as a functional component within a Local Activity Center.
Policy 01.13.04 Housing opportunities must be included as a functional component with a Local Activity Center.
Policy 01.13.05 Encourage affordable housing opportunities, through various mechanisms such as the utilization of reduced lot size for dwelling units, construction of zero lot line and cluster housing, vertical integration of residential units
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FUTURE LAND USE ELEMENT with non-residential uses, the allowance of accessory dwelling units, or through other mechanisms proven effective in increasing the affordable housing stock.
Policy 01.13.06 Promote the rehabilitation and use of historic buildings within a Local Activity Center.
Policy 01.13.07 The City shall adopt design guidelines that incorporate pedestrian and bicycle paths and greenways to accomplish fully connected routes to all destinations within the Local Activity Center. The paths should be spatially defined by buildings, trees and lighting, and should incorporate designs which discourage high-speed traffic.
Policy 01.13.08 The City ensures convenient access to mass transit or multi-modal facilities within a Local Activity Center.
Policy 01.13.09 The City’s community shuttle shall serve the residents and employees within the Local Activity Center.
Policy 01.13.10 The City shall adopt local design guidelines that require mass transit shelters to provide safe and comfortable service and to encourage mass transit usage.
Policy 01.13.11 The City shall promote development of key intersections or major transit stops to create nodes of development that could be implemented with a Local Activity Center land use designation.
Policy 01.13.12 The City shall review existing zoning and land development regulations and adopt changes necessary to implement the Local Activity Center land use designation.
Policy 01.13.13 Applications for the LAC land use designation must address the height transition to adjacent properties, include a volumetric plan showing the building sizes necessary to accommodate the requested entitlements that reflect the design standards in the City’s land development code, to ensure the mixed use development is compatible with adjacent land uses and adjacent Future Land Use designations.
Objective 01.14.00 – Smart Growth Initiative The City will promote “Smart Growth” type initiatives providing for energy efficient development and land use patterns which also account for existing and future electrical power generation and transmission systems in an effort to discourage urban sprawl and reduce greenhouse gasses.
Policy 01.14.01 The City shall emphasize re-development and infill, which concentrates the growth and intensifies the land uses consistent with the availability of existing urban services and infrastructure in order to conserve natural and man- made resources.
Policy 01.14.02 The City will encourage and implement the use of compact building design principles which preserve more open space, contain mixed use, support multi-modal transportation options, make public transportation viable, reduce infrastructure costs and take advantage of recycled and sustainably sourced building materials.
Policy 01.14.03 The City will encourage and implement energy conservation and the reduction of greenhouse gasses by encouraging land developers and builders to implement the Florida Green Building Coalition, US Green Building Council Leadership in Energy and Environmental Design (LEED), or equivalent standards, which generally include the following:
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FUTURE LAND USE ELEMENT
A. Use of compact building design; energy efficient street lighting; energy efficient automobiles/transit; B. Priority use of small properties in urban areas; use of "brownfield" lands that can be cleaned; use of lands close to sewer and power lines mass transit or green space; C. Use of very efficient clothes washers; Low-flow toilets or waterless urinals; use of reclaimed water; innovative irrigation or drought tolerant plants; use of rain gardens, bioswales and cisterns; D. Use of light-colored exterior walls; buildings shaded on the east and west by trees; properly sized air conditioners; use of ceiling fans; energy efficient appliances and indoor lighting; efficient well-pumping; use of alternate electrical grids. and/or use of wind/solar/natural gas energy; E. Use of building materials with recycled content; eco-friendly insulation; lumber from sustainable sources; or locally produced materials; and, F. Use of detached garage; carbon monoxide alarm; central dehumidification systems; energy efficient bathroom exhaust fans with timer; humidistat whole house filtration. G. Use of pedestrian scale and appropriately shielded lighting that limits excess light, reduces glare, and creates a safe and pedestrian scale lit environment, utilizing Night Friendly Lighting or Dark Sky principles for the purpose of creating appropriate outdoor lighting standards that reduce energy use, increase public safety, and protect human health and wildlife.
Policy 01.14.04 Take advantage of “smart city” initiatives as these continue to evolve and become more affordable to small and medium size cities.
Policy 01.14.05 Investigate the use of a monthly subscription app to enable easy access to city services such as: paying for parking; water taxi; community bus and/or on-demand shuttle services; as well as other city services and event notifications. Strive to make the app available at a discount for residents and available to visitors for download.
Policy 01.14.06 The preservation and proper maintenance of significant tree groupings, efforts to relocate trees that cannot be accommodated in redevelopment projects and specific incentives for the reestablishment or creation of tree canopy shall be a primary consideration of infill and redevelopment projects.
Policy 01.14.07 All site plans will be reviewed for Crime Prevention Through Environmental Design (CPTED) design principles such as lighting, street design, natural surveillance, natural access control, and territorial reinforcement. CPTED infrastructure such as security lighting, security cameras, bollards and other access control methods will be required based on the specific needs of the project.
Objective 01.15.00 – Regional Activity Center The Regional Activity Center Land Use Category encourages attractive and functional mixed living, working, shopping, education and recreational activities.
Policy 01.15.01 The Planned Development Land Development Regulations shall provide the zoning district that facilitates attractive and functional mixed living, working, shopping, education and recreational activities for application to Regional Activity Centers.
Policy 01.15.02 Regional Activity Centers shall include a mix of land uses that are regionally significant and shall include residential uses when they are complimentary to other uses within the RAC. The application for a RAC land use designation will include a purpose statement for the nonresidential uses based on the scale and identity for the activity center district.
Policy 01.15.03 Applications for the RAC land use designation must address the height transition to adjacent properties, include a volumetric plan showing the building sizes necessary to accommodate the requested entitlements that reflect
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FUTURE LAND USE ELEMENT the design standards in the City’s land development code to ensure the mixed use development is compatible with adjacent land uses and adjacent Future Land Use designations. Policy 01.15.04 The Land Development Regulations shall encourage redevelopment within Regional Activity Centers by reducing the number of required off-street parking spaces proportionate to the parking efficiency achieved with various mixes of uses, as well as greater modal shift to transit, walking and bicycling. In addition to providing for shared parking standards, the Land Development Regulations shall provide for off-site and on-street parking allowances, the use of centralized parking, and other innovative urban parking strategies within Regional Activity Centers.
Policy 01.15.05 Regional Activity Centers should provide substantial housing opportunities in order to allow people to both live and work within the area.
Policy 01.15.06 Quality, affordable housing opportunities shall be included as a functional component of Regional Activity Centers that allow for residential use.
Policy 01.15.07 The Land Development Regulations shall require that Regional Activity Centers provide safe and convenient pedestrian access to transit stops, and safe and secure bicycle parking facilities.
Policy 01.15.08 To enhance pedestrian movement and safety, the Land Development Regulations shall provide for separation of pedestrian and vehicular traffic within the Regional Activity Centers.
Policy 01.15.09 Urban public or publically accessible park land and/or open space shall be included as a functional component of Regional Activity Centers.
Policy 01.15.10 The City shall adopt design guidelines that require transit shelters in the Regional Activity Center to provide safe and comfortable service and to encourage transit usage.
Policy 01.15.11 The City shall adopt performance and design standards within its land development regulations that provide for an interconnected street network, a safe and attractive pedestrian environment and multi-modal transit connections for Regional Activity Centers.
Policy 01.15.12 The City shall maintain design standards within its land development regulations to ensure compatibility between existing and planned land uses within and adjacent to Regional Activity Centers.
Objective 01.16.00 – Transit Oriented Corridor (TOC) Activity Center Facilitate mixed use development with access to transit stations or stops along existing and planned high performance transit service corridors (such as bus rapid transit or rapid bus) designated in the Pompano Beach Comprehensive Plan Transportation Element; the Broward County Transit Master Plan; the Broward County Metropolitan Planning Organization’s (MPO) Long Range Transportation Plan; and the Broward County Transit Development Plan, through the establishment of a Transit Oriented Corridor (TOC) land use category.
– Land Use Criteria Policy 01.16.01 The City may designate a Transit Oriented Corridor within an area approximately ¼ mile on either side of the mainline transit corridor. The area may extend beyond ¼ mile around all major intersections, activity nodes and in locations served by existing or funded community shuttle service.
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FUTURE LAND USE ELEMENT Policy 01.16.02 Residential use is required as a principal component within a Transit Oriented Corridor (TOC). Maximum residential density will be specified by the City and may vary along the corridor. Densities and intensities for the TOC will be described in the permitted uses section of the Pompano Beach Future Land Use Element. Residential densities will be specified as a maximum number of permitted units (e.g. pool of units such as in the “Local Activity Center” (LAC) and “Regional Activity Center” (RAC) designations).
Policy 01.16.03 At least two non-residential uses must be permitted in the designated area as a principal use: e.g. retail, office, restaurants and personal services, hotel/motel, light industrial (including “live work” buildings), research business, civic and institutional.
Policy 01.16.04 Nonresidential intensities may vary along the corridor and will be specified as an overall maximum square footage by use [e.g. pool of square footage by permitted use (retail, office etc.) or land use category (commercial)]. The application for a TOC land use designation will include a purpose statement for the nonresidential uses based on the scale and identity for the activity center district.
Policy 01.16.05 Additional or expanded stand-alone automobile oriented uses such as: large surface parking lots, gas stations/auto repair/car washes; auto dealers; self/equipment storage; “big box”/warehouse; single-family detached dwelling units; carwashes; and drive-through facilities are discouraged and will be prohibited or limited unless designed in a manner to encourage pedestrian and transit usage and may be further restricted in the City’s TOC Zoning District regulations.
– Design Guideline Principles Policy 01.16.06 Applications for the TOC land use designation must address the height transition to adjacent development, include a volumetric plan showing the building sizes necessary to accommodate the requested entitlements that reflect the design standards in the City’s land development code to ensure the mixed use development is compatible with adjacent land uses and adjacent Future Land Use designations.
Policy 01.16.07 Public plazas, urban open space or green space/pocket park uses that are accessible to the public must be provided as an integrated component within a Transit Oriented Corridor.
Policy 01.16.08 Areas designated as Transit Oriented Corridors must include design features that promote and enhance pedestrian mobility, including connectivity to transit stops and stations, based on the following characteristics which are detailed further in the City’s TOC Zoning District regulations: A. Integrated transit stop with shelter, or station (within the TOC area). B. Wide (the minimum shall be consistent with ADA requirements) pedestrian and bicycle paths that minimize conflicts with motorized traffic and are adequately landscaped, shaded and provide opportunities for shelter from the elements. C. Buildings should front the street (zero or minimal setbacks are encouraged). D. Vehicle parking strategies that encourage and support transit usage (such as parking that does not front the street, shared parking, parking structures, and/or reduced parking ratios). E. Streets (internal and adjacent to the TOC) shall be designed to discourage isolation and provide connectivity (such as streets in the grid pattern).
Policy 01.16.09 Development within the TOC land use designation must include internal pedestrian and transit amenities to serve the residents and employees within the area (such as seating on benches or planter ledges, shade, light fixtures, trash receptacles, information kiosks, bicycle parking) and other amenities that can be incorporated into adjacent publicly accessible areas and plazas (such as clocks, fountains, sculpture, drinking fountains, banners, flags and food and refreshment vendor areas.)
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FUTURE LAND USE ELEMENT Policy 01.16.10 Applications seeking a Transit Oriented Corridor land use designation will demonstrate consistency with the design elements described above and with the implementation strategies in the City’s TOC zoning ordinance to ensure the proposal accomplishes the design objectives of the TOC.
– Review Process Considerations Policy 01.16.11 The transportation impact analysis for a proposed Transit Oriented Corridor designation shall be reviewed and approved by Broward County as part of the County’s Land Use Plan amendment process and shall consider the modal shift provided through the provision of transit and the transit oriented design. In addition, the transportation impact analysis shall consider the effects of internal capture as applicable to transit oriented mixed use projects.
Policy 01.16.12 In consideration of non-residential land uses in areas proposed for designation as a Transit Oriented Corridor, the impact analysis for the designation may be based on the amount of non-residential development which could be permitted as per the intensity standards rather than the alternative 10,000 square feet per gross acre utilized for non-residential impact analysis.
Policy 01.16.13 An interlocal agreement between the City and Broward County must be executed no later than six months from the effective date of the adoption of a Transit Oriented Corridor which provides that monitoring of development activity and enforcement of permitted land use densities and intensities shall be the responsibility of the City.
Objective 01.17.00 – Transit Oriented Development (TOD) Activity Center Encourage mixed use development in areas served by regional transit stations, such as Tri-Rail stations, major transit hubs, and neighborhood and regional transit centers as designated in the Pompano Beach Comprehensive Plan Transportation Element; the Broward County Mass Transit Master Plan; Broward County Metropolitan Planning Organization’s (MPO) Long Range Transportation Plan; and the Broward County Transit Development Plan, through the establishment of a Transit Oriented Development (TOD) land use category.
The TOD land use category must incorporate design criteria to provide pedestrian connectivity to regional transit stations to and from development that is mixed use with a “sense of place” and is transit supportive.
– Land Use Criteria Policy 01.17.01 Residential use is required as a principal component within a Transit Oriented Development.
Policy 01.17.02 Maximum Residential Density may vary in the Transit Oriented Development and must be described in the permitted uses section of the Pompano Beach Future Land Use Element. Residential densities will be specified as a maximum number of permitted units (e.g. pool of units like in the “Local Activity Center” (LAC) and “Regional Activity Center” (RAC) designations).
Policy 01.17.03 At least two non-residential uses must be permitted in the designated area as principal uses: e.g. retail, office, restaurants and personal services, hotel/motel, light industrial (including “live work” buildings), research business, civic and institutional. The application for a TOD land use designation will include a purpose statement for the nonresidential uses based on the scale and identity for the TOD district.
Policy 01.17.04 Additional or expanded, stand-alone automobile oriented uses such as: large surface parking lots, gas stations/auto repair/car washes; auto dealers; self/equipment storage; “big box”/warehouse; single-family detached dwelling units; carwashes; and drive-through facilities are discouraged and may be prohibited or limited, unless designed in a manner to encourage pedestrian and transit usage.
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FUTURE LAND USE ELEMENT Policy 01.17.05 Applications for a TOD land use designation will include a volumetric plan which shows building height transitions, the building volumes necessary to fit the requested entitlements on the subject property, and reflect the design standards in the City’s land development code, to ensure the mixed use development is compatible with adjacent land uses and adjacent Future Land Use designations.
– Design Guideline Principles Policy 01.17.06 Transit Oriented Development must include design features that promote and enhance pedestrian mobility, including connectivity to regional transit stations, based on the following characteristics which are detailed further in the City’s TOD Zoning District Regulations: A. Integrated transit stop with shelter, or station (within the TOD area). B. Public plazas, urban open space or green space/pocket park uses that are accessible to the public must be provided as an integrated component within a Transit Oriented Development. C. Wide (the minimum shall be consistent with ADA Requirements) pedestrian and bicycle paths that minimize conflicts with motorized traffic and are adequately landscaped, shaded and provide opportunities for shelter from the elements. D. Buildings should front the street (zero or minimal setbacks are encouraged). E. Vehicle parking strategies that encourage and support transit usage (such as parking that does not front the street, shared parking, parking structures, and/or reduced parking ratios). F. Streets (internal and adjacent to the TOD) shall be designed to discourage isolation and provide connectivity (such as streets in the grid pattern).
Policy 01.17.07 Internal pedestrian and transit amenities are required to serve the residents and employees within the Transit Oriented Development (such as seating on benches or planter ledges, shade, light fixtures, trash receptacles, information kiosks, bicycle parking) or other amenities that could be incorporated into adjacent publicly accessible areas and plazas (such as clocks, fountains, sculpture, drinking fountains, banners, flags and food and refreshment vendor areas).
Policy 01.17.08 Applications seeking a Transit Oriented Development land use designation will demonstrate consistency with the design elements described above and with the implementation strategies in the City’s TOC zoning ordinance to ensure the proposal accomplishes the design objectives of the TOD.
– Review Process Considerations Policy 01.17.09 The transportation impact analysis for a proposed Transit Oriented Development designation shall consider the modal shift provided through the provision of transit and the transit oriented design. In addition, the transportation impact analysis shall consider the effects of internal capture as applicable to transit oriented mixed use projects.
Policy 01.17.10 In consideration of nonresidential land uses in areas proposed for designation as a Transit Oriented Development, the impact analysis for the designation may be based on the amount of non-residential development which could be permitted based on the proposed intensity, rather than the alternative 10,000 square feet per gross acre standard utilized for nonresidential impact analysis.
Policy 01.17.11 An interlocal agreement between the City and Broward County must be executed no later than six months from the effective date of the adoption of a Transit Oriented Development which provides that monitoring of development activity and enforcement of permitted land use densities and intensities shall be the responsibility of the affected municipality.
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FUTURE LAND USE ELEMENT Objective 01.18.00 – Mixed Use Residential (MUR) Activity Center Promote mixed use land development patterns which combine residential and nonresidential uses to achieve an attractive, well integrated, and pedestrian and transit friendly environment through the establishment of a residential mixed land use category.
Policy 01.18.01 The mixed use residential activity center designation allows a combination of residential, commercial, employment-based and other appropriate uses as described in the permitted uses section of the Future Land Use Element. The application for a MUR land use designation will include a purpose statement for the nonresidential uses based on the scale and identity for the mixed use activity center district.
Policy 01.18.02 Mixed Use Residential designations shall be described as a pool of uses including the number of residential units and the total square footage of nonresidential development.
Policy 01.18.03 The Mixed Use Residential designation shall promote an urban form which creates well integrated land use combinations, balances intensity and density, and promotes the safe, interconnectivity of vehicular, pedestrian and other nonmotorized movement while integrating the public realm, through open space, urban public plazas and/or recreational areas.
Policy 01.18.04 Applications for the Mixed Use Residential designation shall include a volumetric plan which show building height transitions, the building volumes necessary to fit the requested entitlements on the subject property and reflect the design standards in the City’s land development code, to ensure the mixed use development is compatible with adjacent land uses and adjacent Future Land Use designations.
Objective 01.19.00 – Activity Centers The City shall adopt the flexibility offered through Broward Next to allow additional development rights in an activity center land use category, limited to the TOC, RAC, LAC, and TOD activity center districts, without a Broward County Land Use Plan amendment.
Policy 1.19.10 Permitted residential densities and hotel rooms within areas designated “Activity Center” on the Broward County Land Use Plan (except for any “Activity Center” located east of the Intracoastal Waterway) and TOC, RAC, LAC or TOD on the City’s Land Use Plan Map may be increased by 20% or 500 dwelling units and/or hotel rooms, whichever is less, no earlier than every five (5) years via a local land use plan amendment and recertification by the Broward County Planning Council, and/or permitted non-residential intensities within areas designated “Activity Center” on the Broward County Land Use Plan and TOC, RAC, LAC or TOD on the City’s Land Use Plan Map may be increased by 20% or 200,000 square feet, whichever is less, every five (5) years via a local land use plan amendment and recertification by the Broward County Planning Council, subject to the following:
A. No more than 10% of permitted residential units and/or non-residential intensities proposed for increase are available for allocation at the time the local land use plan amendment is heard by the P&Z board. B. “Every five (5) years” means starting from the date the 2017 Broward County Land Use Plan is effective for “Activity Centers” included in that Plan, or when a new or revised “Activity Center” is adopted by the County Commission and is effective. C. An application for a Broward County Land Use Plan amendment may be submitted at any time for “Activity Center” proposals which would exceed the above referenced residential and non-residential density/intensity increases. D. The local land use plan shall include policies addressing the affordable/workforce housing needs of “Activity Centers.” E. The local land use plan shall demonstrate sufficient capacity for public facilities and services, including coordination with public schools.
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FUTURE LAND USE ELEMENT Objective 01.20.00 – Broward County Planning Council Recertification The City will continue to maintain a Land Use Plan certified by Broward County as implemented by the procedures in the Administrative Rules Document: Broward County Land Use Plan by incorporating the relevant Objectives and Policies of the Broward County Land Use Plan into the City’s Land Use Element to facilitate Certification of the City’s Comprehensive Plan.
Policy 01.20.01 The Future Land Use Element includes by reference the following other Comprehensive Plan Objectives and Policies: Transportation (02.02.02, 02.02.04, 02.02.05, 02.02.06, 02.04.04); Housing (03.01.00, 03.01.04); Coastal Zone Management (11.01.00, 11.01.03, 11.01.07, 11.03.01, 11.04.02); Conservation (10.01.00, 10.01.01, 10.02.01, 10.04.00); Potable Water (07A.05.05); Solid Waste (09.01.04); PSFE (Objective 05A.02.00, 05A.03.01, 05B.01.05); Plan Implementation Requirements 3.02.A.9.a, 3.02.B.8)
Policy 01.20.02 The City’s land use plan amendments will successfully complete the Chapter 163, F.S. local comprehensive plan amendment review process prior to their recertification by the Broward County Planning Council.
Objective 01.21.00 – Conservation Use Designate Conservation areas on the City of Pompano Beach Future Land Use Map for natural areas and other lands such as sanctuaries, preserves, archeological sites or historic sites, open spaces, ecological communities and/or designated wildlife management areas that warrant additional protections provided by a Conservation designation.
Policy 01.21.01 Promote the acquisition, retention and management of unique natural, historic and archaeological areas in order to preserve their environmental, recreational, historical, educational and other public benefits.
Policy 01.21.02 Permit within designated conservation areas only those uses which are identified in the Conservation Permitted Uses subsection of the Plan Implementation Requirements section of this comprehensive plan.
Objective 01.22.00 – Equitable Neighborhoods Ensure equitable outcomes result from public and private investment in all Pompano Beach neighborhoods.
Policy 01.22.01 Adopt and implement standard Complete Street sections based on right-of-way availability and purpose so all streets have consistently connected sidewalks, appropriate lighting, street trees and sheltered transit stops.
Policy 01.22.02 All neighborhoods shall be equally protected from crime, trash accumulation, speeding traffic, and have equal access to transportation options, parks and open spaces, clean drinking and surface water, sanitary sewer collection and treatment, healthy food, quality schools, and employment opportunities.
Policy 01.22.03 All neighborhoods shall have accurate and consistent planning in regard to the Future Land Use and Zoning Map designations and be adequately served by well-planned urban infrastructure.
Policy 01.22.04 The City will seek opportunities in all neighborhoods to increase resiliency by incentivizing the retrofitting of existing homes and nonresidential buildings for impact windows and doors, insulated roofs, solar panels to reduce fossil fuel use; installation of gutters and rain barrels to collect roof runoff and allow for its use when needed to mitigate dry periods; enhance on-site stormwater storage areas to reduce flooding; enhance tree canopy to attenuate carbon in the atmosphere, reduce heat island effects, enhance air quality, utilize available ground water and provide shade and beautification.
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Policy 01.22.05 The City will work with the community to identify “food deserts” within neighborhoods and encourage quality food stores that meet the needs of the community to locate on appropriate sites in proximity to a majority of the area’s residents.
Policy 01.22.06 The City will seek opportunities to support the public school system and attract educational facilities such as charter schools and institutions for higher education to supplement the educational offerings so that all neighborhoods have access to quality education.
Objective 01.23.00 – Economic Development Expand the economic based by attracting Class A office space and higher education institutional uses, continuing to support the industrial and manufacturing sectors while protecting tourism as well as the quality of life and delivery of services to local residents.
Policy 01.23.01 To create balanced communities, encourage the expansion of neighborhood-serving retail and office uses in areas dominated by the industrial, and manufacturing sectors if appropriate to better serve the local community.
Policy 01.23.02 Activities intended to diversify the economy shall not adversely impact the quality of life of the City’s permanent, seasonal and tourist populations.
Policy 01.23.03 Address the integration of tourism into any cultural, historical, archaeological, and park and recreation plans.
Policy 01.23.04 Consider the effects of land use and zoning decisions on the marine industry and consider developing incentives to retain marine-related uses.
Policy 01.23.05 Discourage rezonings that permit additional self-storage and warehouse uses along the City’s gateway corridors which include Atlantic Boulevard, Dr. Martin Luther King, Jr. Boulevard and NW 31st Avenue.
Land Use Plan Implementation Requirements
Section 1. Definitions
"Accessory use" shall mean a use naturally and customarily incidental, subservient or subordinate to the principal use.
"Accommodations" means any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room, campground, or other private or commercial structure which is situated on real property and designed for occupancy or use by one or more individuals.
“Adaption Action Areas” means a designation in the coastal management element of a local government’s comprehensive plan which identifies one or more areas that experience coastal flooding due to extreme high tides and storm surge, and that are vulnerable to the related impacts of rising sea levels for the purpose of prioritizing funding for infrastructure needs and adaptation planning.
"Administration Commission" means the Governor and the Cabinet of the State of Florida.
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"Administrative Rules Document" means a publication containing rules, guidelines, procedures, and methodologies reviewed, revised, adopted and amended by the Broward County Planning Council and Board of County Commissioners for the purpose of providing assistance and guidance to local governmental entities and providing direction to Council staff in implementing the Broward County Land Use Plan.
"Affected Persons" includes the affected local government; persons owning property, residing, or owning or operating a business within the boundaries of the local government whose plan is the subject of the review; and adjoining local governments that can demonstrate that adoption of the plan as proposed would produce substantial impacts on the increased need for publicly funded infrastructure or substantial impacts on areas designated for protection or special treatment within their jurisdictions. Each person, other than an adjoining local government, in order to qualify under this definition, shall also have submitted oral or written objections during the local government review and adoption proceedings.
"Affordable Housing" means housing for which monthly rents or monthly mortgage payments (including taxes and insurance) do not exceed 30 percent of an amount representing the percentage (very low = 50%; low = 80%; moderate = 120%) of the median income limits adjusted for family size for the households.
"Agricultural Uses" means activities within land areas which are predominantly used for the cultivation of crops and livestock including: cropland; pastureland; orchards; vineyards; nurseries; ornamental horticulture areas; groves; confined feeding operations; specialty farms; and silviculture areas.
"Airport Clear Zone" means a designated area of land which is subject to peak aircraft noise and on which there is the highest potential of danger from airport operations.
"Airport Facility" means any area of land or water improved, maintained or operated by a governmental agency for the landing and takeoff of aircraft, or privately owned paved runways of 4,000 or more feet in length, and any appurtenant area which is used for airport buildings, or other airport facilities or rights-of-way.
"Airport Obstruction" means any structure, object of natural growth, existing condition or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or which otherwise increases the risk of danger to aircraft operations.
"Alley" means a right-of-way providing a secondary means of access and service to abutting property.
"Amendment" means any change to an adopted comprehensive plan, except corrections, updates and modifications of the capital improvements element concerning costs, revenue services, acceptance of facilities or facility construction dates consistent with the plan as provided in Subsection 163.3177(3)(b), Florida Statues, and corrections, updates or modifications of current costs in other elements, as provided in Section 163.3187(2) Florida Statues.
"Annexation" means the adding of real property to the boundaries of an incorporated municipality, such addition making such real property in every way a part of the municipality.
"Aquatic Vegetation" means a plant characteristically growing wholly or partly submerged in water.
"Area or Area of Jurisdiction" means the total area of Broward County including all of the lands lying within the limits of an incorporated municipality, and the unincorporated lands within the county.
"Areas Subject to Coastal Flooding" see "hurricane vulnerability zone".
"Arterial Road" means a roadway providing service which is relatively continuous and of relatively high traffic volume, long trip length, and high operating speed. In addition, every United States numbered highway is an arterial road.
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FUTURE LAND USE ELEMENT “Auto-Oriented Use”– auto-oriented uses include, but are not limited to, large surface parking lots (other than park and ride facilities for transit connections), gas stations, auto repair/service, car washes, auto/truck/trailer/boat sales, auto/truck/trailer/boat storage, auto/truck/trailer/boat rentals/leasing, self/equipment storage; “big box”/warehouse, single family detached dwelling units; drive-through or drive-in facilities and similar uses that, by their nature, are built with special accommodations for service directly to the automobile or the occupants of automobiles and require the extensive use of automobiles as part of their primary function.
"Beach" means the zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to line of permanent vegetation, usually the effective limit of storm waves.
"Beach", as used in the coastal management element requirements, is limited to oceanic and estuarine shorelines.
"Bicycle and Pedestrian Ways" means any road, path or way which is open to bicycle travel and traffic afoot and from which motor vehicles are excluded.
"Broward County Coastal Area" means the land and water eastward of U.S. Highway 1 to the Atlantic Ocean.
"Broward County Coastal High Hazard Area" means the land and water eastward of the Atlantic Intracoastal Waterway to the Atlantic Ocean including any coastal protection structures.
"Broward County Land Use Plan" means the future land use plan element for all of Broward County adopted by the Broward County Commission in conformance with the requirements of the Broward County Charter
"Broward County Trafficways Plan" means the plan promulgated by the Broward County Planning Council pursuant to Chapter 59-1154, Laws of Florida, as amended, and the Broward County Charter, which depicts a network of roads for Broward County (also known as the Broward County Planning Council Trafficways Plan).
"Building" means any structure having a roof and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind.
"Building Permit" means: 1. Any permit for the erection or construction of a new building required by Section 301.1 of the Florida Building Code, as amended. 2. Any permit for an addition to an existing building which would: a. create one or more dwelling units, or b. involve a change in the occupancy of a building as described in Section 104.7 of the Florida Building Code, as amended. 3. Any permit which would be required for the nonresidential operations included in Section 301.1(a) of the Florida Building Code, as amended.
"Capital Budget" means the portion of the City’s government's budget which reflects capital improvements scheduled for a fiscal year.
"Capital Improvement" means physical assets constructed or purchased to provide, improve or replace a public facility and which are large scale and high in cost. The cost of a capital improvement is generally nonrecurring and may require multi-year financing. For the purpose of this rule, physical assets which have been identified as existing or projected needs in the individual comprehensive plan elements shall be considered capital improvements.
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FUTURE LAND USE ELEMENT "Certified Land Use Plan" means the City of Pompano Beach land use plan which has been certified by the Broward County Planning Council as being in substantial conformity with the Broward County Land Use Plan and which has been adopted by the City in conformance with the applicable requirements of Chapter 163. F.S.
“Climate Change” means a change in global or regional climate patterns, in particular a change apparent from the mid to late 20th century onwards and attributed largely to the increased levels of atmospheric carbon dioxide produced by the use of fossil fuels.
"Coastal Construction Control Line" means the line established by the Florida Department of Natural Resources after a determination, through comprehensive engineering study and topographic survey, that the establishment of such control line is necessary for the protection of upland properties and the control of beach erosion, pursuant to Section 161.053, Florida Statutes.
"Collector Road" means a roadway providing service which is of relatively moderate traffic volume, moderate trip length, and moderate operating speed. Collector roads collect and distribute traffic between local roads or arterial roads.
"Commercial Uses" means activities within land areas which are predominantly connected with the sale, rental and distribution of products, or performance of services.
“Community Cultural Facility” means a facility that is readily accessible to all segments of the community for cultural activities (performing, visual and literary arts). The center should include classroom and workshop space, exhibit and performance space and cultural programming by professional artists for all age groups.
"Community Park" means acreage listed in the "Community and Regional Parks" subsection of the Plan Implementation Requirements Section of the Broward County Land Use Plan that is utilized by local government entities to meet the community parks requirement of the Broward County Land Use Plan.
"Community Shopping Center" means a shopping center which typically ranges from approximately 100,000 to 300,000 square feet of gross leasable area and is generally built around a junior department store or variety store and supermarket as the major tenants. Community shopping centers typically range in area from approximately 10 acres to 30 acres and serve trade areas ranging from roughly 40,000 people to 150,000 people.
“Complete Street” means a street where the entire right-of-way is planned, designed, and operated for all modes of transportation and all users regardless of age or ability. Pedestrians, bicyclists, transit riders, and motorists of all ages and abilities must be able to safely move along and across a Complete Street. Complete Streets make it easy to cross the street, walk to shops, catch the bus, bike to work, and enjoy many other healthy activities.
"Comprehensive Plan" means a plan that meets the requirements of ss 163.3177 and 163.3178, Florida Statutes.
"Concurrency" means public facilities and services needed to support development shall be available consistent with concurrency requirements as per Section 163.3180 Florida Statutes.
"Concurrency Management System" means the provisions in the local government comprehensive plan including implementation regulations, encompassing the restrictions, methods, resources, timing and solutions intended to be compatible with and further compliance with the statutory requirement to provide public facilities and services needed to support development consistent with concurrency requirements and Section 163.3180 Florida Statutes.
"Cone of Influence" (Zone of Influence) means an area around one or more major waterwells the boundary of which is determined by the government agency having specific statutory authority to make such a determination based on ground water travel or drawdown depth.
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"Conservation Uses" means activities within land areas designated for the purpose of conserving or protecting natural resources or environmental quality and includes areas designated for such purposes as flood control, protection of quality or quantity of groundwater or surface water, floodplain management, fisheries management, or protection of vegetative communities or wildlife habitats.
“Context Sensitive Roadways” means roadways that are planned and developed with improvements that are considerate of the character and environment of the corridor and the surrounding neighborhood, are responsive to multiple transportation modes, and maintain safety and mobility.
"Contiguous" means in close proximity, touching or adjacent.
"Contraction" means the reversion of real property within municipality boundaries to an unincorporated status.
"County Commission" means the Board of County Commissioners of Broward County, Florida.
"County Land Planning Agency" means the agency designated to prepare the comprehensive plan for the County or in case of Chartered Counties, the agency which has the planning responsibility between the County and the municipalities as stipulated in the Charter.
"County Land Use Plan" means the effective Broward County Land Use Plan adopted by the County Commission.
"Dashed-Line Area” means an area on the Pompano Beach Future Land Use Plan Map bordered by a dashed line and designated as having a particular maximum overall density of dwelling units for all land and land uses within the area, and/or a particular total number of dwelling units permitted within the area.
"Designated Redevelopment Area" are those areas identified by the City of Pompano Beach which are included in a community redevelopment plan pursuant to Chapter 163, Part III, F.S.. These areas are identified pursuant to criteria setforth in the Broward County Land Use Element Plan Implementation Requirements section.
"Developer" means any person, including a governmental agency, undertaking development.
"Development" means: 1. The carrying out of any building activity or mining operation, the making of any material change in the use of appearance of any structure or land, or the dividing of land into two or more parcels. 2. The following activities or uses shall be taken for the purposes of this section to involve "development," as defined in this section: a. A reconstruction, alteration of the size or material change in the external appearance of a structure or land. b. A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land. c. Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any "coastal construction" as defined in ss.161.021. d. Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land. e. Demolition of a structure. f. Clearing of land as an adjunct of construction. g. Deposit of refuse, solid or liquid waste, or fill on a parcel of land. 3. The following operations or uses shall not be taken for the purpose of this section to involve "development" as defined herein: a. Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad tract, if the work is carried out on land within the boundaries or the right-of- way.
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FUTURE LAND USE ELEMENT b. Work by any utility and other persons engaged in the distribution or transmission of gas or water, for the purposes of inspecting, repairing, renewing, or constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like. c. Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure. d. The use of any structure or land devoted to dwelling uses or any purpose customarily incidental to enjoyment of the dwelling. e. The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products; raising livestock; or for other agricultural purposes. f. A change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class. g. A change in the ownership or form of ownership of any parcel or structure. h. The creation or termination of rights of access, reparian rights, easements, covenants concerning development of land, or other rights in land. 4. "Development," as designated in an ordinance, rule, or development rule includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, "development" refers to the act of developing and the resulting development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of subsection (1).
"Development Order" means any order granting, denying, or granting with conditions an application for a development permit.
"Development Permit" includes any building permit, zoning permit, plat approval, or rezoning, certification, variance, or other action having the effect of permitting development.
“Disaster” means a sudden event, such as an accident or a natural catastrophe that causes great damage or loss of life.
"Downtown Development Authority" means a local governmental agency established under part III of Chapter 163 or created with similar powers and responsibilities by special act for the purpose of planning, coordinating, and assisting in the implementation, revitalization, and redevelopment of a specific downtown area of a city.
"Downtown Revitalization" means the physical and economic renewal of a central business district of a community as designated by local government, and includes both downtown development and redevelopment.
"Drainage Basin" means the area defined by topographic boundaries which contributes stormwater to a drainage system, estuarine waters, or oceanic waters, including all areas artificially added to the basin.
"Drainage Facilities" means a system of man-made structures designed to collect, convey, hold, divert or discharge stormwater, and includes stormwater sewers, canals, detention structures, and retention structures.
"Dune" means a mound or ridge of loose sediments, usually sand-sized sediments, lying landward of the beach and extending inland to the landward toe of the dune which intercepts the 100-year storm surge.
"Dwelling Unit" means a house, apartment, or condominium unit, trailer, group of rooms, or a single room intended for occupancy as separate living quarters with direct access from the outside of the building or through a common hall and with complete kitchen facilities for the exclusive use of the occupants, including the rental units contained in a multi-unit structure or complex which are licensed by the State Department of Business Regulation, Division of Hotels and Restaurants, as "apartments", "rental condominiums" and "retirement housing" or live-aboard vessels located in multi-family “residential”
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FUTURE LAND USE ELEMENT designated areas which are required to hookup to marine sanitation systems.
"Easement" means any land for public or private utilities, drainage, sanitation, or other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude.
"Ecological Community" means a distinctive combination of two or more ecologically related species, living together and interacting with each other in a characteristic natural habitat.
"Educational Uses" means activities and facilities of public or private primary or secondary schools, vocational and technical schools, and colleges and universities licensed by the Florida Department of Education, including the areas of buildings, campus open space, dormitories, recreational facilities or parking.
“Electrical Power Plant” means an electrical generating facility where electricity is produced for the purpose of supplying twenty-five mega watts (MW) or more to utility power systems.
“Enhancement” shall mean the alteration of an existing wetland to increase the fundamental value.
"Environmentally Sensitive Land" means those areas containing Natural Resources, as depicted in the Natural Resource Map Series of the Broward County Land use Plan, which have been determined to be environmentally sensitive by the Broward County Board of County Commissioners. The criteria for designation of Environmentally Sensitive Land are contained within the Plan Implementation section of the Broward County Land Use Plan.
"Estuary" means a semi-enclosed, naturally existing coastal body of water in which saltwater is naturally diluted by freshwater and which has an open connection with oceanic waters. "Estuaries" include bays, embayments, lagoons, sounds and tidal streams.
"Evacuation Routes" means routes designated by county emergency management authorities or the regional evacuation plan, for the movement of persons to safety, in the event of a hurricane.
"Existing Urban Service Area" means built-up areas where public facilities and services such as sewage treatment systems, roads, schools, and recreation areas are already in place.
“Fabrication and Assembly” means the manufacturing from standardized parts of a distinct object differing from the individual components involving materials with form and substance (as opposed to liquid or gas), with a physical, as opposed to chemical, mating or joining of the individual parts.
"Flexibility Zone" corresponds to the municipal boundaries upon the adoption of BrowardNext.
"Floodplains" means areas inundated during an identified flood event as identified by the National Flood Insurance Program Flood Insurance Rate Maps (FIRM).
“Floor Area” generally means the total square footage of all floors measured to the outside surface of the building or portion of the building. This may include hallways, stairways, elevators, storage and mechanical rooms whether internal or external to the structure. Floor area may also be limited to what is considered leasable space. The specific definitions are determined by local government development regulations.
“Floor Area Ratio (FAR)” means the square footage of the floor area of a building divided by square footage of the lot (net site area) on which the building is located.
"Freshwater Marsh" means a wetland having more than 25 percent vegetative cover by terrestrial herbs but 40 percent or less cover by woody plants, occasionally or regularly flooded by fresh water (e.g., sawgrass).
CITY OF POMPANO BEACH COMPREHENSIVE PLAN 1-28
FUTURE LAND USE ELEMENT "Freshwater Swamp" means a wetland having more than 40 percent cover by woody plans and that is occasionally or regularly flooded by freshwater (e.g., cypress swamp).
"Future Broward County Land Use Plan Map (Series)" means the series of maps adopted by the Broward County Board of County Commissioners as part of the Broward County Land Use Plan.
"Goal" means the long term end toward which programs and activities are ultimately directed.
"Governing Body" means the City Commission of City Pompano Beach, Florida.
"Governmental Agency" means: 1. The United States or any department, commission, agency, or other instrumentality thereof; 2. The State of Florida or any department, commission, agency, or other instrumentality thereof; 3. Any local government, or any department, commission, agency, or other instrumentality thereof; 4. Any school board or other special district, authority, or other governmental entity.
"Gross Acre" means the total number of acres within a parcel of land generally to the centerline of adjacent streets, roadways, alleys, canals and waterways (exclusive of expressways and the primary drainage system).
"Gross Density" means the number of dwelling units constructed or proposed to be constructed within a parcel of land, divided by the gross acreage of the parcel of land. In determining the gross acreage of the parcel, the area encompassed by an extension of the parcel's boundaries to the centerline of adjacent public right-of-ways such as streets, roadways, alleys, canals and waterways (exclusive of expressways and the primary drainage system) can be added to the parcel area.
"Group Home" means a licensed facility which provides a living environment for unrelated residents who operate as the functional equivalent of a family, including such supervision and care as may be necessary to meet the physical, emotional and social needs of the residents. Adult Congregate Living Facilities comparable in size to group homes are included in this definition. It shall not include rooming or boarding homes, clubs, fraternities, sororities, monasteries or convents, hotels, residential treatment facilities, nursing homes, or emergency shelters.
“Hammock” means a dense growth of broad-leaved trees on a slight elevation, not considered wet enough to be a swamp.
“Hardwood” means a broad-leaved angiosperm (flowering plant) tree having wood characterized by the presence of specialized cells called vessels.
“Hazardous Liquid Pipeline” means a pipeline, a right-of-way, or a facility, used or intended to be used in transporting petroleum or petroleum products.
"Hazardous Waste" means solid waste, or combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise managed.
"Historic Resources" means all areas, districts or sites containing properties listed on the Florida Master Site File, the National Register of Historic Places, or designated by a local government as historically, architecturally, or archaeologically significant.
"Hurricane Shelter" means a structure designated by County officials as a place of safe refuge during a storm or hurricane.
CITY OF POMPANO BEACH COMPREHENSIVE PLAN 1-29
FUTURE LAND USE ELEMENT "Hurricane Vulnerability Zone" (also "areas subject to coastal flooding") means the areas delineated by the regional or local hurricane evacuation plan as requiring evacuation in the event of any category hurricane threat.
"Improvements" may include, but are not limited to street pavement, curbs and gutters, sidewalks, alley pavement, walkway pavement, water mains, sanitary sewers, storm sewers or drains, street names, signs, landscaping, permanent reference monuments, permanent control points, or any other improvement required by a governing body.
"Industrial Uses" means the activities within land areas predominantly connected with manufacturing, assembly, processing, or storage of products or materials.
"Infrastructure" means those man-made structures which serve the common needs of the population, such as; sewage disposal systems; potable water systems; potable water wells serving a centralized system; solid waste disposal sites or transfer areas; stormwater systems; utilities; piers; docks; wharves; breakwaters; bulkheads; seawalls; bullwarks; revetments; causeways; marinas; navigation channels; bridges; and roadways.
“Lake” means a large retention area that always contains water or a natural depression fed by one or more streams and from which a stream may flow; occurs due to widening or natural blockage of a river or stream or occurs in an isolated natural depression that is not part of a surface river or stream; usually too deep to permit the growth of rooted plants from shore to shore.
"Land" means the earth, water, and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as land.
"Land Development Code" means various types of regulations relating to development within the City when combined in a single document.
"Land Development Regulation" means ordinances enacted by governing bodies for the regulation of any aspect of development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations or any other regulations controlling the development of land.
"Land Use" means the development that has occurred on the land, the development that is proposed by a developer on the land, or the use that is permitted or permissible on the land under an adopted comprehensive plan land use map or element or portion thereof, land development regulations, or a land development code, as the context may indicate.
"Land Use Plan" means the Future Land Use Element and Map for the City of Pompano Beach, Florida, adopted as the Future Land Use Element in accordance with Sections 163.3161 - 163.3211, Florida Statutes, and certified by the Broward County Planning Council as being in substantial conformity with the Broward County Land Use Plan pursuant to Article VI of the Broward County Charter.
"Level of Service" means an indicator of the extent or degree of service provided by, or proposed to be provided by a facility based on and related to the operational characteristics of the facility. “Light Manufacturing” means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.
"Limited Access Facility" means a roadway especially designed for through traffic, and over, from, or to which owners or occupants of abutting land or other persons have no greater than a limited right or easement of access.
"Littoral" means that portion of a body of water extending from shoreline toward the middle of the water to the limit of occupancy by rooted plants.
CITY OF POMPANO BEACH COMPREHENSIVE PLAN 1-30
FUTURE LAND USE ELEMENT "Live-Aboard Vessel" means any vessel which is a habitable vessel on which habitation is occurring and which is used as a person’s primary legal residence or temporary or seasonal residence even though it is not used solely as a residence but is also used for other purposes. A person’s primary legal residence is a vessel where a person is presently living with the present intention of making it his or her permanent abode. A temporary or seasonal residence means habitation aboard a floating home or a vessel occupied by one (1) or more persons, while the home or vessel is moored or docked. Habitable vessel means a vessel that is equipped with an on-board toilet. The term live- aboard vessel shall not include commercial fishing boats. Nothing within this definition shall be construed to prohibit or regulate the anchorage of non-live-aboard vessels engaged in the exercise of rights of navigation.
"Local Area of Particular Concern" means an area designated on the Natural Resource Map Series of the Broward County Land Use Plan which has been declared to be environmentally sensitive. Those areas are subject to environmental impact report provisions of the Broward County Land Development Code.
"Local Comprehensive Plan" means any or all local comprehensive plans or elements or portions thereof prepared, adopted, or amended pursuant to the applicable sections of Chapter 163 F.S. which may be amended from time-to-time.
"Local Government Entity" means a unit of government or any officially designated public agency or authority of a unit of government with less than statewide jurisdiction, or any officially designated public agency or authority of such a governmental entity. The term includes a county, an incorporated municipality, a consolidated city-county government, a metropolitan planning organization, an expressway or transportation authority, a turnpike project, a regional planning council, or a school board or other special district.
"Local Planning Agency" means the agency designated to prepare the comprehensive plan required by Ch.163, Florida Statutes.
"Local Road" means a roadway providing service which is of relatively low traffic volume, short average trip length or minimal through traffic movements and provides land access for abutting property.
"Lot" includes tract or parcel - means the least fractional part of subdivided lands having limited fixed boundaries and an assigned number, letter, or other name through which it may be identified.
"Lot or Parcel of Record" means a quantity of real property as a single unit described and identified in a deed and/or plat recorded in the public records of a county in the State of Florida.
"Low and Moderate Income Families" means "lower income families" as defined under the Section 8 Assisted Housing Program, or families whose annual income does not exceed 80 percent of the median income for the area. The term "families" includes "households."
"Low-Income Person" means one or more natural persons or a family, not including students, that has a total annual anticipated income for the household that does not exceed 80 percent of the median annual income adjusted for family size for the county.
"Major Trip Generators or Attractors" means concentrated areas of intense land use or activity that produces or attracts a significant number of local trip ends.
"Marine Habitat" means areas where living marine resources naturally occur, such as mangroves, seagrass beds, algae beds, salt marshes, transitional wetlands, marine wetlands, rocky shore communities, hard bottom communities, oyster bars or flats, mud flats, coral reefs, worm reefs, artificial reefs, offshore springs, nearshore mineral deposits, and offshore sand deposits.
"Marine Resources" means living oceanic or estuarine plants or animals, such as mangroves, seagrasses, algae, coral reefs, and living marine habitat; fish, shellfish, crustacea and fisheries; and sea turtles and marine mammals.
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"Marine Wetlands" means areas with a water regime determined primarily by tides and the dominant vegetation is salt tolerant plant species including those species listed in Subsection 17-4.02(17), Florida Administrative Code, "Submerged Marine Species."
"Mass Transit" means passenger services provided by public, private or non-profit entities such as the following surface transit modes: commuter rail, rail rapid transit, light rail transit, light guideway transit, express bus, community shuttle bus and local fixed route bus.
"Mean High Water" means the average height of the high waters over a 19-year period. For shorter periods of observation, "mean high water" means the average height of the high waters after corrections are applied to eliminate known variations and to reduce the result to the equivalent of mean 19-year value.
"Mean High Water Line" means the intersection of the tidal plane of mean high water with the shore.
"Mean Low Water" means the average height of the low waters over a 19-year period. For shorter periods of observation, "mean low water" means the average height of low waters after corrections are applied to eliminate known variations and to reduce the result to the equivalent of mean 19-year value.
"Mean Low Water Line" means the intersection of the tidal plane of mean low water with the shore.
"Minerals" means all solid minerals, including clay, gravel, phosphate rock, lime, shells (excluding live shellfish), stone, sand, heavy minerals, and any rare earths, which are contained in the soils or waters of the state.
"Mining" means the removal of minerals from their site, solely for commercial purposes which may include crushing, batching, mixing and forming of mined materials.
"Mobile Home" means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, and which is built on a metal frame and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained herein. If fabricated after June 15, 1976, each section bears a U.S. Department of Housing and Urban Development label certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standards.
"Moderate-Income Person" means one or more natural persons or a family, not including students, that has a total annual anticipated income for the household that does not exceed 120 percent of the median annual income adjusted for family size for households within the county. "Municipality" means any incorporated city, town, or village.
“Native Vegetative Communities” means those areas which contain ecological communities, such as coastal strands, oak hammocks, and cypress swamps, which are classified based on the presence of certain soils, native vegetation and animals.
"Natural Drainage Features" means the naturally occurring features of an area which accommodate the flow of stormwater, such as streams, rivers, lakes and wetlands.
"Natural Reservations" means areas designated for conservation purposes, and operated by contractual agreement with or managed by a federal, state, regional or local government or non-profit agency such as: national parks, state parks, lands purchased under the Save Our Coast, Conservation and Recreation Lands or Save Our Rivers programs, sanctuaries, preserves, monuments, archaeological sites, historic sites, wildlife management areas, national seashores, and Outstanding Florida Waters.
"Natural Resources" means natural vegetation and wildlife habitat as well as existing and planned waterwells and cones of influence; beaches and shores, including estuarine systems; rivers, bays, lakes, floodplains, and harbors; wetlands; minerals and soils.
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FUTURE LAND USE ELEMENT "Neighborhood Park" means a park which serves the population of a neighborhood and is generally accessible by bicycle or pedestrian ways.
"Neighborhood Shopping Center" means a shopping center typically ranging from 30,000 to 100,000 square feet of gross leasable area for the sale of convenience goods (food, drugs and sundries) and personal services which meet the daily needs of an immediate neighborhood. Neighborhood shopping centers range in area from approximately 3 acres to 10 acres and generally require a minimum market support population ranging from 2,500 to 40,000 people.
“Net Site Area” means the entire acreage of the site located inside the parcel boundary.
"Newspaper of General Circulation" means a newspaper published at least on a weekly basis and printed in the language most commonly spoken in the area within which it circulates, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices, or a newspaper that is given away primarily to distribute advertising.
"Nonpoint Source Pollution" means any source of water pollution that is not a point source.
"Objective" means a specific, measurable, intermediate end that is achievable and marks progress towards a goal.
"Ocean Waters" means waters of the Atlantic Ocean, Gulf of Mexico, or Straits of Florida, but does not include bays, lagoons, or harbors.
"Open Space" means undeveloped lands suitable for community gathering, passive recreation or conservation uses.
"Parcel of Land" means any quantity of land capable of being described with such definiteness that its location and boundaries may be established which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.
"Park" means a neighborhood, community, or regional park.
"Person" means an individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.
"Planning Act" means the Community Planning Act, Sections 163.3161 et.seq., Florida Statutes.
"Planning Council" means the Broward County Planning Council.
"Plat" means a map or delineated representation of the subdivision of lands, being a complete exact representation of the subdivision and other information in compliance with the requirement of all applicable sections of this chapter and of any local ordinances, and may include the terms "replat", "amended Plat", or "revised Plat."
"Playground" means a recreation area with play apparatus.
"Point Source Pollution" means any source of water pollution that constitutes a discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.
"Policy" means the way in which programs and activities are conducted to achieve an identified goal.
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FUTURE LAND USE ELEMENT "Pollution" is the presence in the outdoor atmosphere, ground or water of any substances, contaminants, noise, or manmade or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or water, in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or unreasonably interfere with the enjoyment of life or property.
"Pond" means a small, quiet body of standing water, usually sufficiently shallow to permit the potential growth of rooted plants from shore to shore.
"Port Facility" means harbor or shipping improvements used predominantly for commercial purposes including channels, turning basins, jetties, breakwaters, landings, wharves, docks, markets, structures, buildings, piers, storage facilities, plazas, anchorages, utilities, bridges, tunnels, roads, causeways, and all other property or facilities necessary or useful in connection with commercial shipping.
"Potable Water Facilities" means a system of structures designed to collect, treat, or distribute potable water, and includes water wells, treatment plants, reservoirs, and distribution mains.
"Principal Building" means a building which is occupied by, or devoted to, a principal use or an addition to an existing principal building which is larger than the original existing building. In determining whether a building is of primary importance, the use of the entire parcel shall be considered. There may be more than one principal building on a parcel.
"Principal Use" means the primary or main use of a parcel of land as distinguished from an accessory use. There may be more than one principal or main use on a parcel of land.
"Private Recreation Sites" means sites owned by private, commercial or non-profit entities available to the public for purposes of recreational use.
"Protected Potable Water System" means a community water supply which has been given a consumptive use permit by the South Florida Water Management District and which is protected by the Broward County wellfield protection program.
"Public Access" means the ability of the public to physically reach, enter or use recreation sites including beaches and shores.
"Public Building and Grounds" means structures or lands that are owned, leased, or operated by a government entity, such as civic and community centers, hospitals, libraries, police stations, fire stations, and government administration buildings.
"Public Facilities" means major capital improvements, including, but not limited to, transportation, sanitation, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities.
"Public Notice or Due Public Notice" as used in connection with the phrase "public hearing" or "hearing to be held after due public notice" means publication of notice of the time, place, and purpose of such hearing in a newspaper of general circulation in the area not less than 7 days prior to the date of the hearing.
"Public Recreation Sites" means sites owned or leased on a long-term basis by a federal, state, regional or local government agency for purposes of recreational use.
"Public Utility" includes any public or private utility, such as, but not limited to, storm drainage, sanitary sewers, electric power, water service, gas service, or telephone line, whether underground or overhead.
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FUTURE LAND USE ELEMENT "Recertification" means a local land use plan which has previously been certified by the Broward County Planning Council, but because of amendments, decertification, or amendment to the Broward County Land Use Plan, is no longer in conformity, and must be recertified by the Broward County Planning Council as being in substantial conformity with the Broward County Land Use Plan.
"Recreation" means the pursuit of leisure time activities occurring in an indoor or outdoor setting.
"Recreation Facility" means a component of a recreation site used by the public such as a trail, court, athletic field or swimming pool.
"Recreational Uses" means activities within areas where recreation occurs.
“Recreational Vehicle Park” means a place set aside and offered by a person or public body, for either direct or indirect remuneration of the owners, lessor or operator of such place, for the parking and accommodation of six or more recreational vehicles or tents utilized for sleeping or eating; and the term also includes buildings and sites set aside for group camping and similar recreational facilities.
“Redevelopment Units” means additional permitted dwelling units equal to three percent (3%) of the total number of dwelling units as established by the adoption of the 2017 Broward Next Broward County Land Use Plan.
"Regional Park" means acreage listed in the "Community and Regional Parks" subsection of the Plan Implementation Requirements Section of the Broward County Land Use Plan that is utilized by the Broward County Board of County Commissioners to meet the regional level parks requirement of the Broward County Land Use Plan.
"Regional Planning Agency" means the regional planning council created pursuant to ss. 186.501-186.515 to exercise responsibilities under ss.186.001-186.031 and 186.801- 186.911 in a particular region of the state.
"Regional Roadway Network" means the roads contained within the Broward County Metropolitan Planning Organization's adopted Year 2015 Highway Network, except for those roads functionally classified as city collector roads.
"Regional Shopping Center" means a shopping center which typically ranges from approximately 300,000 square feet to 1,000,000 square feet or more of gross leasable area and provides a full range of shopping goods, general merchandise, apparel, furniture and home furnishings. Such center is usually built around a full-line department store as the major drawing power. Regional shopping centers are approximately 30 acres in size or larger and generally require a minimum market support population in excess of 150,000 people and a trade area extending 10 to 15 miles or more modified by such factors as competitive facilities and travel time over access highways. "Regulated Plant Index" means the total number of species native to the State of Florida that are listed as commercially exploited plants, endangered plants, and threatened plants.
"Remnant Natural River" means a naturally occurring watercourse or riverine system, or a portion or segment thereof, whose channel has remained unaltered over time as evidenced by historical surveys or other appropriate documentation. Examples of remnant natural rivers in Broward County include portions of the following: South Fork of the Middle River, North Fork of the New River, New River, Tarpon Creek, South Fork of the New River and Whiskey Creek.
"Resident Population" means inhabitants counted in the same manner utilized by the United States Bureau of the Census, in the category of total population. Resident population does not include seasonal population or inmate population.
"Residential Uses" means activities within land areas used predominantly for housing.
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FUTURE LAND USE ELEMENT "Retail Shopping Area" means a miscellaneous collection of individual stores which stand on separate lot parcels along streets and highways or which are clustered as a concentrated business district, with or without incidental off-street parking (as distinguished from a shopping center).
“Research Laboratory” means an establishment or other facility for carrying on investigation in the natural, physical, or social sciences, which may include engineering and product development.
“Revetment” means a facing of resistant material such as stone or concrete that is built to protect a scarp, embankment, or other shoreline feature against erosion.
"Right-of-Way" means land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, drainage facility, access or ingress, or other purpose by the public, certain designated individuals, or governing bodies.
"Roadway Capacity" means the maximum volume of traffic which can be accommodated on a roadway at a given level of service.
"Roadway Functional Classification" means the assignment of roads into categories according to the character of service they provide in relation to the total road network. Basic functional categories include limited access facilities, arterial roads, and collector roads, which may be subcategorized into principal, major or minor levels. Those levels may be further grouped into urban and rural categories.
"Saltwater Marsh" means a wetland having saline (including brackish) soils with 40 percent or less cover by woody plants and 25 percent or more cover by terrestrial herbs that is occasionally or regularly flooded by brackish or saline water (e.g., smooth cordgrass marshes).
"Saltwater Swamp" means a wetland having saline (including brackish) soils with 40 percent or more cover by woody plants and occasionally or regularly flooded by brackish or saline water (e.g., mangrove swamps).
"Sanitary Sewer Facilities" means structures or systems designed for the collection, transmission, treatment, or disposal of sewage and includes trunk mains, interceptors, treatment plants and disposal systems.
"Seasonal Population" means part-time inhabitants who utilize, or may be expected to utilize, public facilities or services, but are not residents. Seasonal population shall include tourists, migrant farmworkers, and other short-term and long-term visitors.
"Septic Tank" means an on-site sewage disposal system, consisting of a watertight receptacle constructed to promote separation of solid and liquid components of wastewater, to provide limited digestion of organic matter, to store solids, and to allow clarified liquid to discharge for further treatment and disposal in a soil absorption system. "Services" means the program and employees determined necessary by local government to provide adequate operation and maintenance of public facilities and infrastructure as well as those educational, health care, social and other programs necessary to support the programs, public facilities, and infrastructure set out in the local plan or required by local, state, or federal law.
"Shopping Center" means a group of architecturally unified commercial establishments built on a site which is planned, developed, owned, and managed as an operating unit related in its location, size, and type of shops to the trade area that the unit serves. The unit provides on-site parking in definite relationship to the types and total size of the stores.
"Shoreline or Shore" means the interface of land and water and, as used in the coastal management element requirements, is limited to oceanic and estuarine interfaces.
"Solid Waste" means sludge from a waste treatment works, water supply treatment plant, or air pollution control facility or garbage, rubbish, refuse, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or
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FUTURE LAND USE ELEMENT governmental operations.
"Solid Waste Facilities" means structures or systems designed for the collection, processing, or disposal of solid wastes, including hazardous wastes and includes transfer stations, processing plants, recycling plants, and disposal systems.
"Solid Waste Processing Plant" means a facility for incineration, resource recovery, or recycling of solid waste prior to its final disposal.
"State Comprehensive Plan" means the goals and policies contained within the state comprehensive plan, s. 187.201, F.S.
"State Land Planning Agency" means the Department of Economic Opportunity and may be referred to in this part as “DEO”
"Stormwater" means the flow of water which results from a rainfall event. "Stream" means any mass of water with an undirectional flow.
"Street" includes any access way such as a street, road, lane, highway, avenue, boulevard, alley, parkway, viaduct, circle, court, terrace, place, or cul-de-sac, and also includes all of the land lying between the right-of-way lines as delineated on a plat showing such streets, whether improved or unimproved, but shall not include those access ways such as easements and rights-of-way intended solely for limited utility purposes, such as for electric power lines, gas lines, telephone lines, water lines, drainage and sanitary sewers, and easements of ingress and egress.
"Structure" means anything constructed, installed or portable, the use of which requires a location on a parcel of land. It includes a movable structure while it is located on land which can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently. "Structure" also includes fences, billboards, swimming pools, poles, pipelines, transmission lines, tracks, and advertising signs.
"Subdivision" means the platting of real property into two or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land, and includes establishment of new streets and alleys, additions, and resubdivisions and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided.
"Substantial Conformity" refers to the Broward County Charter requirement contained in Article VIII, Section 8.05 D and E that local government future land use plans shall be materially and pertinently compatible with and further the Broward County Land Use Plan in order to be certified or recertified.
"Support Documents" means any surveys, studies, inventory maps, data, inventories, listings or analyses used as bases for or in developing the local comprehensive plan.
"Surface Waters" means lakes or ponds excavated to generate fill material for a development and/or to provide stormwater retention/detention and/or recreational and aesthetic amenities. Other water upon the surface of the earth, contained in bounds created naturally or diffused, including water from natural springs, is defined as "lake," "pond" or "stream."
"Threatened Species" means any species of fish and wildlife naturally occurring in Florida which may not be in immediate danger of extinction, but which exists in such small populations as to become endangered if it is subjected to increased stress as a result of further modification of its environment.
"Tide" means the periodic rising and falling of the waters of the earth that result from the gravitational attraction of the moon and the sun acting upon the rotating earth.
"Time-Share Period" means that period of time when a purchaser of a time-share plan is entitled to the possession and use of the accommodations or facilities, or both, of a time-share plan.
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"Time-Share Plan" means any arrangement, plan, scheme, or similar device, other than an exchange program, whether by membership, agreement, tenancy in common, sale, lease, deed, rental agreement, license, or right-to-use agreement or by any other means, whereby a purchaser, in exchange for a consideration, receives ownership rights in or a right to use accommodations or facilities, or both, for a period of time less than a full year during any given year, but not necessarily for consecutive years, and which extends for a period of more than 3 years.
"Time-Share Property" means one or more time-share units subject to the same time- share instrument, together with any other property or rights to property appurtenant to those units.
"Time-Share Unit" means an accommodation of a time-share plan which is divided into time-share periods.
"Tourist Unit" means a house, an apartment, a group of rooms, or a single room occupied or intended for occupancy as a separate living quarter which is licensed, or intended for license as a "hotel" or "motel" by the State Department of Business Regulation, Division of Hotels and Restaurants.
“Urban Agriculture” refers to the practice of cultivating, processing, and distributing food in or around a village, town, or city. Urban agriculture can also involve animal husbandry, aquaculture, agroforestry, urban beekeeping, and horticulture.
"Urban Character" means an area used intensively for residential, urban recreational, commercial, industrial, institutional, or governmental purposes or an area undergoing development for any of these purposes.
“Urban Infill” means the development of vacant parcels in otherwise built-up areas where public facilities such as sewer systems, roads, schools, and recreation areas are already in place.
"Urban Purposes" means that land is used intensively for residential, commercial, industrial, institutional, and governmental purposes, including any parcels of land retained in their natural state or kept free of development as dedicated green space.
"Urban Redevelopment" means the demolition and reconstruction or substantial renovation of existing buildings or infrastructure within urban infill or existing urban service areas.
"Urban Services" means services offered by a municipality, either directly or by contract, to any of its present residents.
"Vegetative Communities" means ecological communities, such as coastal strands, oak hammocks, and cypress swamps, which are classified based on the presence of certain soils, vegetation and animals. "Very Low-Income Person" means one or more natural persons or a family, not including students, that has a total annual anticipated income for the household that does not exceed 50 percent of the median annual income adjusted for family size for households within the county.
"Vested Rights" means rights which have so completely and definitely accrued to or settled in a person or property, to the extent that it is right and equitable that government should recognize and protect, as being lawful in themselves, and settled according to then current law.
"Water Conservation Area" means designated Conservation areas on the Future Broward County Land Use Plan Map (Series) including reserve water supply areas such as the 790 square miles of Broward County west of Levees 33, 35A, 36, L-37 and L-35 and includes the natural reservations.
"Water Dependent Uses" means activities which can be carried out only on, in or adjacent to water areas because the use requires access to the water body for: waterborne transportation including ports or marinas; recreation; electrical generating facilities; or water supply.
"Water Recharge Areas" means land or water areas through which groundwater is replenished.
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"Water-Related Uses" means activities which are not directly dependent upon access to a water body, but which provide goods and services that are directly associated with water-dependent or waterway uses.
"Water Wells" means wells excavated, drilled, dug, or driven for the supply of industrial, agricultural or potable water for general public consumption.
"Wetlands" means those areas that are inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Section 2. General Requirements
2.01 The Land Use Plan shall be implemented by the adoption and enforcement of appropriate land development regulations and no development shall be permitted within the City's jurisdiction unless the development is consistent with the Land Use Plan.
2.02 The City shall initiate and actively process the adoption of land development regulations, a land development code or amendments thereto, and the rezoning of all parcels of land within the City's jurisdiction as to permitted uses and densities as may be necessary to comply with the Land Use Plan within a reasonable time after its adoption.
2.03 Following the effective date of the Land Use Plan, the City may not grant a development permit unless: A. The proposed development would be consistent with the Land Use Plan;
B. The proposed development would be in compliance with applicable City land development regulations; which are consistent with the Land Use Plan; and
C. The development permit is granted in compliance with the requirements of Section 4 of this chapter (Development Review Requirements).
2.04 After the effective date of this Plan, the City shall not grant an application for a building permit for the construction of a principal building on a parcel of land unless a plat including the parcel or parcels of land has been approved by the County Commission subsequent to June 4, 1953 and recorded in the official records of Broward County. Such platting requirement shall not apply to applications for a building permit which meets any of the criteria in Broward County Land Use Policy 2.13.1.
Section 3. Zoning as to Permitted Uses and Densities
3.01 City zoning as to permitted uses and densities must be in compliance with or be more restrictive than the requirements of the Land Use Plan. For purposes of this section "more restrictive" means zoning which permits less than all of the uses permitted by the Land Use Plan on a parcel of land, or, for a parcel of land designated residential by the Land Use Plan Map, a lower residential density than permitted by the Land Use Plan.
3.02 City zoning as to permitted uses and densities shall be in compliance with the City's Land Use Plan if the following requirements are met:
A. Residential Land Use Each parcel of land within an area which is designated in a Residential land use category by the Land Use Plan must be zoned in a zoning district which permits any one or more of the following uses, but not other uses:
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FUTURE LAND USE ELEMENT 1. Residential dwelling units at a maximum density that does not exceed the maximum gross residential density designated for the parcel of land by the Land Use Plan Map.
a. Accessory dwelling units are permitted in single-family residential areas per and subject to Florida Statutes Chapter 163.31771 without the need to calculate density.
b. A studio or efficiency unit no greater than 500 square feet in size is considered a half-unit for density calculation purposes.
2. Agriculture
3. Home occupations and other activities and uses accessory to a dwelling unit.
4. Hotels, motels and similar lodging. The maximum number of hotel, motels or similar lodgings units permitted on any parcel designated for residential uses is double the maximum number of dwelling units designated for the parcel of land by the City's Land Use Plan Map.
5. Parks, golf courses and other outdoor recreational facilities and recreational, civic or cultural buildings ancillary to the primary outdoor recreational use of the site.
6. Community facilities designed to serve the residential area, such as schools, day care centers, churches, clinics, nursing homes, governmental administration, police and fire protection facilities, libraries and civic centers.
7. Public utilities, including water and wastewater treatment plants, pumping stations, power plant substations and transmission facilities and solid waste disposal and transfer stations.
8. Communication facilities.
9. Office and/or neighborhood retail sales of merchandise or services, subject to the following limitations and provisions:
a. No more than a total of five percent (5%) of the area designated for residential use on the Future Broward County Land Use Plan Map within Pompano Beach may be used for offices and/or neighborhood retail sales of merchandise or services.
b. No contiguous area used for offices and/or retail sales of merchandise or services may exceed ten (10) acres. For the purpose of this provision, contiguous is defined as: attached; located within 500 feet; or separated only by streets and highways, canals and rivers, or easements.
c. Regardless of a and b above, space within residential buildings in areas designated for Medium- High (25) Residential or High (46) Residential density may be used for offices and/or retail sales of merchandise or services, as long as no more than 50% of the floor area is used for said purpose.
d. Space within residential buildings in areas designated for Medium (16) Residential density may be used for offices, as long as no more than 50% of the floor area is used for offices.
10. Special Residential Facilities; subject to: meeting one of the Category definitions as contained in the Special Residential Facilities Permitted Uses subsection (Section 2) of the Broward County Land Use Plan; meeting density provisions by Category type stated below; the provisions regarding the use and allocation of flexibility units, redevelopment units or bonus sleeping rooms as contained in the "Administrative Rules Document" of the Broward County Planning Council.
Density Provisions: a. Special Residential Facility Category (1) development shall count as one dwelling unit each.
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b. Special Residential Facility Category (2) development shall count as two dwelling units each.
c. Special Residential Facility Category (3) development shall count as one dwelling unit per every two sleeping rooms regardless of the number of kitchens or baths.
11. Residential Density a. Density Standards Residential areas are shown on the Pompano Beach Land Use Map according to the following residential classifications: • Low permits up to five dwelling units per gross acre. • Low - Medium permits up to ten dwelling units per gross acre. • Medium permits up to sixteen dwelling units per gross acre. • Medium - High permits up to twenty-five dwelling units per gross acre. • High permits up to forty-six dwelling units per gross acre.
The following other land use categories and land uses are subject to density standards as provided within Section 3. Zoning as to Permitted Uses and Densities • Special Residential Facilities. • Recreational vehicle sites. • Hotels, motels and similar lodging. • Accessory dwelling units permitted in single-family residential areas per and subject to Florida Statutes Chapter 163.31771 shall not be included in density calculations. Local governments shall report to the Planning Council the number of accessory dwelling units granted building permits on an annual basis. • Efficiency and studio apartments that are 500 square feet or less are considered a half-unit for density purposes.
b. Density Calculation All references to density within the City of Pompano Beach Land Use Plan mean gross density. Gross density means the number of dwelling units constructed or proposed within an area, divided by the gross acreage of the area. Gross acreage means the total number of acres in the area including to the centerline of adjacent dedicated street rights-of-way, and including acreage used or proposed for internal streets, lakes, waterways, and other proposed land uses permitted in residential areas by the Broward County Land Use Plan. Calculations of acreage covered by different land use categories on the Broward County Land Use Plan Map will necessarily be approximate, due to the scale of the map. Where edges of land use categories are close to property lines, streets, transmission lines or other existing lines, edges should be construed to follow these lines. c. Arrangement of dwelling Units Any arrangement of dwelling units on a parcel of land designated for residential use is compatible with the City Land Use Plan as long as the maximum number of dwelling units permitted within the parcel is not exceeded. For example, the City Land Use Plan does not regulate whether a developer uses 100 acres of land designated for Low (5) Residential density to build 500 single family homes or if only 80 acres is used with the balance of the land maintained as permanent open space. The distribution of units will be determined by City zoning and land development regulations.
d. Dashed-Line Areas Some areas have been marked on the City Land Use Plan Map by dashed lined circumscribing their edges. For some of these areas, the maximum overall density in dwelling units per acre is the number which appears in the circle inside the dashed line or in some cases, the total number of units allowed is included inside the circle. The dwelling units that are permitted within areas circumscribed by a dashed line may only be applied within the boundaries of the circumscribed area and may not be transferred.
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e. Flexibility Units "Flexibility units" mean the difference between the number of dwelling units permitted by the Future Broward County Land Use Plan Map and the number of dwelling units permitted by the City's certified Future Land Use Plan map.
Since the certified City land use Plan map may be more restrictive than the Future Broward County Land Use Plan Map (Series), available flexibility units may be utilized by the City of Pompano Beach to rearrange residential densities consistent with County Land Use Plan provisions.
The boundaries of the area that can receiving flexibility units is the entire City west of the Intracoastal Waterway. Rules governing the allocation of flexibility is established within the Broward County Planning Council's "Administrative Rules Document”.
f. Redevelopment in Coastal High Hazard Area Redevelopment of residentially designated areas, including hotel uses, located within the Coastal High Hazard Area which were subject to past decreases in density resulting from adoption of the 1977 or 1989 Broward County Land Use Plan are permitted up to the actual built density/intensity (number of dwelling units and building square footage). All public safety codes in effect at the time of redevelopment, including the building code, finished floor elevation, and hurricane evacuation standards must be met. Building square footage can be increased by 1% for every 2% reduction in the number of units subject to zoning code limitations on building bulk, shadow and form. The redevelopment must comply with all natural resource protection policies addressing the protection of beaches and marine resources in the County and City land use plans.
12. Recreational vehicle park sites in the Low-Medium (10), Medium (16), Medium-High (25) and High (46) Residential density ranges. The maximum number of recreational vehicle park sites permitted is:
a. Equal to the maximum number of dwelling units designated for that parcel on the land use plan map if the local land development regulations allow permanent location of recreational vehicles on the sites; or
b. Double the maximum number of dwelling units designated for that parcel on the land use plan map if the local land development regulations prohibit permanent location of recreational vehicles on the sites.
B. Commercial Land Use Each parcel of land within an area designated in a Commercial land use category by the City's Land Use Plan Map must be zoned in a zoning district which permits any one or more of the following uses, but no other uses:
1. Retail uses, including gas stations with retail stores.
2. Office and business uses.
3. Wholesale, storage, light fabricating and warehouses uses, if deemed appropriate by the City.
4. Hotels, motels, time shares and similar lodging.
5. Recreation and open space, cemeteries, and commercial recreation uses.
6. Community facilities and utilities.
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7.a. Special Residential Facility Category (2) development as defined in the Special Residential Facilities Permitted Uses subsection of the Plan Implementation Requirements section of the Broward County Land Use Plan.
7.b. Special Residential Facility Category (3) development as defined in the Special Residential Facilities permitted Uses subsection of the Plan Implementation Requirements section of the Broward County Land Use Plan
8. In accordance with Broward County Administrative Rule 3.5(A)(4) Residential uses, up to 10 acres (up to 20 acres for projects that include a minimum of 15% affordable housing restricted to such use for a minimum of 15 years) are permitted via City Commission allocation of “flexibility units” and/or “redevelopment units,” provided that the total residential uses do not exceed 20% of the land area designated “Commerce” on the County’s Land Use Plan.
9. Transportation and communication facilities.
10. Residential units within the same structure as commercial uses for the owner, manager or caretaker of the commercial uses are permitted.
11. Agriculture
12. Recreational vehicle park sites at a maximum density of ten (10) sites per gross acre if permanent location of recreational vehicles on the site is permitted by the local land development regulations, or twenty (20) sites per gross acre if such permanent location is prohibited by the local land development regulations.
C. Commercial Recreation Land Use Each parcel of Land within an area designated in a Commercial Recreation category by the City's Land Use Plan Map must be zoned in a zoning district which permits one or more of the following uses:
1. Outdoor and indoor recreation facilities such as active recreation complexes, marinas, stadiums, jai- alai frontons, bowling alleys, golf courses, and dog and horse racing facilities.
2. Accessory facilities, including outdoor and indoor recreation facilities that are determined by the City to be an integral part of and supportive to the primary recreation facility (excluding residential uses).
3. Hotels, motels, time shares and similar lodging ancillary to the primary commercial recreation uses.
4. Recreational vehicle sites at a maximum density of ten (10) sites per gross acre if permanent location of recreational vehicles on the site is permitted by the local land development regulations, or twenty (20) sites per gross acre if such location is prohibited by the local land development regulations; subject to the allocation by the local government of available flexibility or redevelopment units.
5. Accessory facilities, including outdoor and indoor recreation facilities that are determined by the local government to be an integral part of and supportive to the primary recreation facility (excluding residential uses).
6. Other active and passive recreation uses.
D. Community Facility Land Use Each parcel of Land within an area designated in a Community Facility category by the City's Land Use Plan Map must be zoned in a zoning district which permits one or more of the following uses:
1. Community facilities, including schools, churches, hospitals, governmental administration, police and fire stations, libraries, civic centers, nursing homes, cemeteries, utilities, and parks and
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2.a. Special Residential Facility Category (2) Development as defined in the Special Residential Facilities Permitted Uses subsection of the Plan Implementation Requirements section of the Broward County Land Use Plan
2.b. Special Residential Facility Category (3) development as defined in the Special Residential Facilities Permitted Uses subsection of the Plan Implementation Requirements section of the Broward County Land Use Plan
3. Communication facilities.
4. Non-residential agricultural uses.
5. Other uses determined to be ancillary to the civic and utilities uses described above.
E. Park and Recreation Land Use Each parcel of land within an area designated in a Park and Recreation land use category by the City's Land Use Plan Map must be zoned in an open space or park and recreation zoning district which permits one or more of the following uses, but no other uses:
1. Passive recreational uses, including, but not limited to: nature centers and trails, scenic areas, wildlife sanctuaries and feeding stations, aquatic preserves, and picnic areas.
2. Golf courses which are intended to remain permanent open space.
3. Campground and facilities.
4. Cemeteries.
5. Active recreational uses, including, but not limited to: tennis courts, playgrounds, swimming pools, athletic fields and courts, beaches and bikeways.
6. Boat ramps and docks.
7. Outdoor cultural, educational and civic facilities, including, but not limited to: animal exhibits, habitats, bandshells and outdoor classrooms. 8. Concessions only when accessory to the above uses. Examples of such concession stands are refreshment stands, pro shops, souvenir shops and rental facilities. 9. Civic and cultural buildings may be permitted if they are ancillary to the primary recreation use of the site.
10. Community facilities and utility uses, up to five (5) acres, provided that the:
a. Community facility and/or utility uses are publicly owned and intended to serve a public purpose to promote health, safety and welfare;
b. The local government can demonstrate that it will continue to meet the minimum open space requirement of 3 acres per 1,000 existing and projected permanent residents;
c. The proposed community facility or utility use is limited to no more than 5 acres and the municipality must demonstrate that sufficient and functional open space serving the area residents will be retained.
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FUTURE LAND USE ELEMENT F. Industrial Land Use Each parcel of land within an area designated in an Industrial land use category by the City's Land Use Plan Map must be zoned in an industrial zoning district which excludes electrical power plants but permits one or more of the following uses, but no other uses:
1. Light and heavy industrial uses.
2. Heavy commercial uses including new and used automobile, truck, motorcycle, boat and trailer display, sales, and service which include gas stations with retail stores; newspaper, magazine, and printing plants; bakeries, carpentry, cabinet shops and other trade shops; motion picture studios; ice houses; propane gas sales and repair; and salvage yards.
3. Educational, scientific and industrial research facilities, research laboratories, and medical or dental laboratories.
4. Office uses.
5. Transportation and communication facilities.
6. Recreation and open space, cemeteries, and commercial recreation uses, as long as the location of these uses does not preclude or adversely affect the future use of surrounding areas for industry.
7. Community facilities and utilities.
8. Ancillary commercial uses within buildings devoted to primary industrial uses.
9. Wholesaling uses.
10. The following uses may also be permitted if certified by the Broward County Planning Council in the City land use plan as long as the location of these uses do not preclude or adversely affect the future use of surrounding areas for industrial uses:
a. Commercial and retail business uses.
b. Hotel, motel and similar lodging.
11. Vocational Schools
12. Residential units within the same structure as industrial uses for the owner, manager or caretaker of the industrial uses are permitted.
G. Transportation Land Use Each parcel of Land within an area designated in a Transportation Land use category by the City's Land Use Plan Map must be zoned in a Transportation zoning district which permits one or more of the following uses, but no other uses:
1. Air transportation areas designed primarily to serve the needs of airport users and airport employees, airport and aircraft operation and maintenance facilities, cargo and distribution terminals, transit warehousing, other compatible uses and those land uses permitted in the recreation and open space and commercial recreation land use categories (except for any type of residential use).
2. Expressways, expressway ramps, interchanges or arterial roadways adjacent to an interchange area.
3. Railroad corridors
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H. Special Residential Facilities This type of development includes group homes and foster care facilities as defined by category type below and the limitations as expressed by the certified land use plan map; and if applicable, the provisions regarding the use and allocation of flexibility units or bonus sleeping rooms as contained in the "Administrative Rules Document" of the Broward County Planning Council. Special Residential Facilities are not specifically designated on the Future Land Use Plan Map (series) as a special land use category but are permitted within the residential land use category.
Definitions of Special Residential Facilities Categories: Special Residential Facility, Category (1) means a housing facility which is licensed by the State of Florida for no more than eight individuals who require treatment, care, rehabilitation or education. The facility is usually referred to as a group home. This includes individuals who are elderly, dependent children, physically disabled, developmentally disabled or individuals not overtly of harm to themselves or others. The facility provides a family living environment including supervision and care necessary to meet the physical, emotional and social needs of the individuals. It may or may not provide education or training. There may be more than one kitchen within the housing facility. There may be more than one Special Residential Facility Category (1) on a parcel.
Special Residential Facility, Category (2) means a housing facility which is licensed by the State of Florida for nine to sixteen non-elderly individuals who require treatment, care, rehabilitation or education. The facility is usually referred to as a group home. This includes individuals who are dependent children, physically disabled, developmentally disabled or individuals not overtly of harm to themselves or others. The facility provides a family living environment including supervision and care necessary to meet the physical, emotional and social needs of the individuals. It may or may not provide education or training. There may be more than one kitchen within the housing facility. There may be more than one Special Residential Facility Category (2) on a parcel.
Special Residential Facility, Category (3) means
1. Any housing facility which is licensed by the State of Florida for more than sixteen (16) non-elderly individuals who require treatment, care, rehabilitation or education. This includes individuals who are dependent children, physically disabled, developmentally disabled or individuals not overtly of harm to themselves or others; or
2. Any housing facility which is licensed by the State of Florida for more than eight (8) unrelated elderly individuals; or
3. Government subsidized housing facilities entirely devoted to the care of the elderly, dependent children, the physically handicapped, developmentally disabled or individuals not overtly of harm to themselves or others; or 4. Any not-for-profit housing facility for unrelated elderly individuals; or
5. Any housing facility which provides a life-care environment. A life-care environment shall include, but is not limited to, creation of a life estate in the facility itself and provision of off-site or on-site medical care.
I. Utility Land Use Each parcel of land within an area designated in a Utility Land use category by the City's Land Use Plan Map must be zoned in a utility zoning district which permits one or more of the following uses, but no other uses. These uses are also allowed in areas designated residential, commercial or industrial:
1. Utilities such as but not limited to water and wastewater treatment plants, pumping stations, electrical substations, solid waste disposal and transfer stations.
2. Other uses determined to be ancillary to the primary uses described in (1.).
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J. Water Land Use Each parcel of land within an area designated in a Water land use category by the City's Land Use Plan Map can be zoned in any zoning district. The permitted uses for the water land use category are lakes, waterways, rivers, and canals. No residential units or non-residential development can be located on areas designated as water. Water acreage cannot be used in determining the number of residential units or the amount of other development which can be located on land adjacent to water except when located in an irregular land use category.
K. Regional Activity Center Land Use The Regional Activity Center land use designation is reserved for areas of regional significance and is intended to encourage development and redevelopment. Examples of areas which may be appropriate for the Regional Activity Center designation include: downtown and redevelopment areas; Areawide Developments of Regional Impact; and areas surrounding regional community facilities such as airports, convention centers or governmental complexes.
1. In order to qualify as a Regional Activity Center, the following criteria must be met:
a. The Regional Activity Center land use designation shall not be approved where other land use designations within the Broward County Land Use Plan provide sufficient flexibility for the existing or proposed land uses.
b. The density and intensity of land uses permitted within each Regional Activity Center shall be specified within the Broward County Land Use Plan.
c. Regional Activity Centers shall include mixed land uses of regional significance.
d. Regional Activity Centers shall either be the subject of an Areawide Development of Regional Impact, or provide direct access to existing or proposed airports, ports, and rail and/or other mass transportation facilities.
e. Each Regional Activity Center shall be a defined geographical area, delineated on the Future Broward County Land Use Plan Map.
2. Pompano Park North Regional Activity Center The Pompano Park North Regional Activity Center consists of the Arvida/Pompano Park Development of Regional Impact (DRI). The RAC is located south of Atlantic Boulevard and north of Racetrack Road, between Powerline Road and the CSX Railroad and comprises approximately 169 gross acres. The area encompassed by the RAC must be zoned in a mixed zoning district that limits the density and intensity of land uses to the following:
Type of Use Square footage/ Residential units Office Land Uses 248,867 SF Industrial Land Uses 1,013,250 SF Commercial Land Uses 301,273 SF
3. LIVE! Resorts Pompano Regional Activity Center The LIVE! Resorts Pompano RAC is located south of Racetrack Road, between Powerline Road and the CSX Railroad, and comprises approximately 230 gross acres. The LIVE! Resorts Pompano RAC will continue to be developed as a center of regional tourism and employment that provides direct access to mass transportation facilities. The area encompassed by the RAC must be zoned in a mixed-use zoning district that limits the density and intensity of land uses to the following per Ordinance 21-01:
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Type of Use Square footage/ Residential units Commercial Recreation 1,000,000 SF Commercial 300,000 SF Office 1,350,000 SF Industrial 1,500,000 SF Multi-Family Residential 4,100 Units
The Residential uses may consist of stand-alone residential as well as residential units as part of mixed use commercial and office development. Residential unit types may be re-allocated subject to a voluntary mitigation agreement with the Broward County School Board in the event of inadequate student capacity, and provided that the total number of residential units shall remain at 4,100.
Building Heights: The Applicant will coordinate with the FAA and City of Fort Lauderdale Executive Airport for any required aviation obstruction permitting per City Code Section 155.2422;
Affordable Housing: The land use plan amendment adopted in 2010 for this RAC created 1,300 new residential units and the LIVE! Resorts Pompano RAC land use plan amendment adopted in 2020 created 2,800 new residential units and a minimum of 15% of the total 4,100 units (615 units) are required to be affordable or the project may otherwise contribute to the implementation of the city's policies, methods and programs to achieve and/or maintain a sufficient supply of affordable housing in the City. The City may apply to new housing projects one or a combination of the following affordable housing strategies, without limitation:
a. Each residential development may be required to set aside a minimum of 15% of their proposed units as affordable housing to provide all or a portion of the required 615 affordable housing units as vertically integrated affordable housing; or
b. Until such time as all 615 affordable housing units have been provided, each residential development shall contribute in-lieu-of fees per City Ordinance 2014-19, as may be amended from time-to-time.
These funds will be used to promote one or more of the following: • programs that facilitate the purchase or renting of the existing affordable housing stock; • programs which facilitate the maintenance of the existing supply of affordable housing; • programs which facilitate the use of existing public lands, or public land-banking, to facilitate an affordable housing supply; • other programs or initiatives designed and implemented by the city to address specific affordable housing market needs and challenges in the City that may arise, including but not limited to, strategies that reduce the cost of housing production; promote affordable housing development; prevent displacement; prevent homelessness; promote economic development; and promote transit amongst low- income populations.
L. Local Activity Center Land Use The intent of the Local Activity Center land use designation is to support a balanced mix of land use characterized by compactness, pedestrian friendly design, neighborhood-scale and framed by architecture and landscape design appropriate to local history and ecology. Development patterns within Local Activity Centers shall generally reflect planning and design principles such as walkable neighborhoods oriented around the five-minute walk, primary orientation towards public transit systems, a centrally located community-serving land use or land uses and greater integration of housing, employment, shopping and recreation at the neighborhood level.
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FUTURE LAND USE ELEMENT For an area to qualify as a Local Activity Center, the following criteria must be met:
1. A Local Activity Center shall be a specific geographic area not exceeding 160 gross contiguous acres, unless located within an approved Chapter 163, Florida Statutes, Redevelopment Area. At such time as 75% of the originally designated Local Activity Center is developed/redeveloped, consistent with Objective 01.15.00, an expansion to a subject Local Activity Center up to 100% may be proposed.
2. The density and intensity of land uses permitted within a proposed Local Activity Center shall be specified for inclusion within the Plan Implementation Requirements section of the Broward County Land Use Plan.
3. Uses proposed within a Local Activity Center shall include residential uses and park land and/or open space. One or more other uses such as commercial, civic, institutional, or employment-based activity shall also be included within a Local Activity Center.
4. Park land must reflect no net loss of acreage of existing and designated parks within the proposed Local Activity Center. Park and open space land may include squares, greenbelts, greenways and playgrounds; ill-defined residual areas such as buffers and berms, for purposes of this criteria, are not considered park land or open space.
5. A proposed Local Activity Center must have a geographic configuration of appropriate depth and frontage to support the location of uses in a manner oriented around the five-minute (i.e. quarter- mile) walk may be included within one Local Activity Center.
6. Seventy-five (75%) of the land within a Local Activity Center must be located within a quarter mile of mass transit or multi-modal facilities or are included within an adopted plan to be located within a quarter mile of mass transit or multi-modal facilities upon buildout of the Local Activity Center. Local governments shall ensure convenient access to mass transit, community shuttle or multi-modal facilities where such facilities are in place or planned to be in place at the time the Local Activity Center is proposed. Where such facilities are not in place or planned to be in place at the time of the proposal, the local government shall require design standards in the local land use element for a Local Activity Center that ensure that the primary priority is a safe, comfortable and attractive pedestrian environment that will allow for convenient interconnection to transit, will reduce the number of automobile trips internally and will ultimately support an integrated multi-modal transportation system.
7. A proposed Local Activity Center shall demonstrate consistency with the goals, objectives and policies and other requirements of the Broward County Land Use Plan
8. An interlocal agreement between the municipality and Broward County must be executed no later than six months from the effective date of the adoption of a Local Activity Center which provides that monitoring of development activity and enforcement of permitted land uses densities and intensities shall be the responsibility of the affected municipality.
9. John Knox Village Local Activity Center shall have the following development rights per Ordinance 21-47:
Type of Use Density / Intensity Residential 1,224 dwelling units Commercial Uses (Retail) 42,300 Office Uses 96,000 Ancillary Uses Unlimited Recreation and Open Space (minimum) 4.28 Acres
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M. Electrical Generation Facilities Electrical Generation Facilities Uses are designated on the Future Broward County Land Use Plan Map, consistent with County policy 2.11.9 and 10, to ensure the availability of land for electrical power plants and associated ancillary uses are adequate to meet the current and future needs of Broward County’s population.
Uses permitted in the areas designated Electrical Generation Facilities are as follows: 1. Electrical power plants as defined in the City’s Future Land Use Element, Plan Implementation Requirements, Definitions. 2. Other uses determined to be ancillary to the primary uses described in (1). 3. Recreation and open spaces uses may also be permitted in the areas designated electrical generation facility as long as the location of the uses do not preclude or adversely affect the future use of the surrounding areas for electrical generation facilities.
N. Transit Oriented Corridor Land Use 1. Downtown Pompano Transit Oriented Corridor (Text Amendment Ordinance 13-14 and Map Amendment Ordinance 13-15) as amended by Text Amendment Ordinance 21-03. The densities and intensities of permitted uses within the designated Downtown Pompano Transit Oriented Corridor (DPTOC) are as follows:
Type of Use Density / Intensity Residential 3,368 dwelling units (143 Single Family, 236 Townhouse and 2,989 Multifamily) Commercial/General Business 4,051,220 square feet Hotel 420 Rooms Office 2,835,557 SF Utility 95,832 SF Community Facility 1,459,260 SF Recreation and Open Space 2.1 acres
a. Guiding Design Principles and Procedures: All Applicants with development proposals in the DPTOC will be required to attend a mandatory pre-design workshop with the CRA and City’s urban design staff prior to Site Plan or Master Plan submittal for official review. Ensuring compatibility with adjacent properties in regard to both zoning designation and existing development will be the focus of the preliminary design meeting. In all cases, the best approach to respecting and designing for the existing context and optimizing compatibility with adjacent properties will be identified. Guiding principles will include specific focus on the following:
i. Land Use Compatibility: • Compatibility of adjacent uses by incorporating berms, fences, walls or other appropriate edge treatments along with building design elements that respect existing development. • Building setbacks that increase compatibility between proposed and existing development. • Service areas that do not impact adjacent residential development. • All land uses, including institutional and utility uses, must be designed to be compatible with adjacent properties.
ii. Connectivity: • Pedestrian connectivity which results in sidewalks that connect to an adjacent sidewalk or street crosswalk and do not dead-end at property lines. • Incorporation of the principles of Complete Streets, subject to the limitations of right-
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iii. Historic Resources: • Protection of designated historic resources including buildings and historic and specimen trees.
iv. Affordable Housing: All new residential construction in the DPTOC which does not meet the definition of affordable housing will be required to implement the city's policies, methods and programs to achieve and/or maintain a sufficient supply of affordable housing in the DPTOC using 15% of the total units proposed in that development as the "base" upon which the affordable housing implementation strategy will be applied.
b. The City may apply to new housing projects one or a combination of the following affordable housing strategies, without limitation: i. a specific set-aside of all or a portion of the 15% base units as vertically integrated affordable housing; ii. contribute, through in-lieu-of fees multiplied by the number of base units (15% of total units proposed in the project): • to programs that facilitate the purchase or renting of the existing affordable housing stock; • to programs which facilitate the maintenance of the existing supply of affordable housing; • to programs which facilitate the use of existing public lands, or public land- banking, to facilitate an affordable housing supply; • to other programs or initiatives designed and implemented by the city to address specific affordable housing market needs and challenges in the DPTOC that may arise including but not limited to, strategies that reduce the cost of housing production; promote affordable housing development; prevent displacement; prevent homelessness; promote economic development; and promote transit amongst low- income populations.
c. Existing Auto-Oriented Uses – Existing auto-oriented uses within the TOC boundaries on the date of adoption of this land use plan amendment ordinance will be treated as any other permitted use within the TOC and will be allowed to remain, rebuild and expand and otherwise continue business operations regardless of present or future ownership. New auto-oriented uses, however, will not be allowed within the TOC except under the limited circumstances described in the Goals, Objectives and Policies for the TOC land use category.
d. Auto-Oriented Use Definition – auto-oriented uses include, but are not limited to, large surface parking lots (other than park and ride facilities for transit connections), gas stations, auto repair/service, car washes, auto/truck/trailer/boat sales, auto/truck/trailer/boat storage, auto/truck/trailer/boat rentals/leasing, self/equipment storage; “big box”/warehouse, single family detached dwelling units; drive-through or drive-in facilities and similar uses that, by their nature, are built with special accommodations for service directly to the automobile or the occupants of automobiles and require the extensive use of automobiles as part of their primary function.
2. East Transit Oriented Corridor (ETOC) - This designation has been applied to the Future Land Use Map for the East Transit Oriented Corridor (Text Amendment Ordinance 2018-38 and Map Amendment Ordinance 2018-39). The densities and intensities of permitted uses within the designated East Transit Oriented Corridor (ETOC) are as follows:
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Type of Use Density / Intensity Residential 3,718 dwelling units (maximum with 86 units unrestricted and the remainder multifamily) Nonresidential (Retail, Office, Hotel, 7,000,000 SF Institutional, Utility, etc. as per the Zoning Code permitted uses) Community Facility 5.0 acres (minimum) Recreation and Open Space 5.5 acres (minimum)
a. Guiding Design Principles and Procedures: All Applicants with development proposals in the ETOC will be required to attend a mandatory pre-application conference with staff prior to major Site Plan submittal for official review. Ensuring compatibility with adjacent properties in regard to both zoning designation and existing development will be the focus of the pre-application conference. In all cases, the best approach to respecting and designing for the existing context and optimizing compatibility with adjacent properties will be identified. Guiding principles will include specific focus on the following:
i. Land Use Compatibility: • Compatibility of adjacent uses by incorporating appropriate edge treatments along with building design elements that respect existing development but do not impede safe and efficient pedestrian access. • Building setbacks and heights that address compatibility between proposed and existing development and FAA height limits, if applicable. Maximum height for residential and mixed use projects will be 80 feet transitioning down to 55 feet and 35 feet as properties approach single-family neighborhoods as defined in the TO/EOD Zoning Regulations on the Sub-Areas/Building Heights Regulating Plan, Diagram155.3709.D. • Service areas that do not impact adjacent residential development. • All land uses, including institutional and utility uses, must be designed to be compatible with adjacent properties.
ii. Connectivity: • Pedestrian connectivity which results in sidewalks that connect to an adjacent sidewalk or street crosswalk and do not dead-end at property lines. • Incorporation of the principles of Complete Streets, subject to the limitations of right- of-way.
iii. Historic Resources: • Protection of designated historic resources.
iv. Affordable Housing: The ETOC land use plan amendment created 2,399 new residential units and a minimum of 15% of those units (360 units) are required to be affordable or to contribute to the implementation of the city's policies, methods and programs to achieve and/or maintain a sufficient supply of affordable housing in the City.
b. The City may apply to new housing projects one or a combination of the following affordable housing strategies, without limitation: i. Each residential development may be required to set aside a minimum of 15% of their proposed units as affordable housing to provide all or a portion of the required 360 affordable housing units as vertically integrated affordable housing; or ii. Until such time as all 360 affordable housing units have been provided, each residential development shall contribute in-lieu-of fees per City Ordinance 2014-19, as may be amended from time-to-time. These funds will be used to promote one or more of the
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FUTURE LAND USE ELEMENT following: • programs that facilitate the purchase or renting of the existing affordable housing stock; • programs which facilitate the maintenance of the existing supply of affordable housing; • programs which facilitate the use of existing public lands, or public land-banking, to facilitate an affordable housing supply; • other programs or initiatives designed and implemented by the city to address specific affordable housing market needs and challenges in the City that may arise, including but not limited to, strategies that reduce the cost of housing production; promote affordable housing development; prevent displacement; prevent homelessness; promote economic development; and promote transit amongst low- income populations.
O. Transit Oriented Development The densities and intensities of permitted uses within designated Transit Oriented Development will be included in this section upon approval through the Future Land Use Plan Amendment process
P. Mixed Use Residential Land Use 1. Within the Mixed Use Residential category, urban form could include several variations; vertical mixed use, where commercial/retail uses are located with residential uses in the same building. It may also include horizontal mixed use where separate uses are located in separate buildings within the same site. There is a minimum of two (2) uses required within the development and residential development is a required use. The MUR district’s entitlements will be described as a total number of units and square footage in a pool of rights in the same manner as the other activity center land use categories.
2. Design Guidelines The design guidelines for Mixed Use Residential shall promote an urban form which creates well integrated land use combinations, balances intensity and density, promotes the safe, interconnectivity of vehicular, pedestrian and other non-motorized movement and promotes the public realm. These guidelines may include: • Buildings should front the street. (zero or minimum setbacks are preferable). • Vehicle parking strategies which lessen conflicts with bicycles and pedestrians and promote transit usage. (i.e. parking structures, off-site parking, reduced parking ratios, shared parking facilities and parking which does not front the street). • Other design features which promote transit (e.g. integrated transit stop, shelter or station on site). • A circulation system designed to strengthen bicycle and pedestrian connectivity to all areas of the site/area, including recreation areas, parks, adjacent uses, transit facilities and activity nodes. • Integration of the public realm through open space or urban public plazas and/or recreational areas. • The physical separation, such as walling off neighborhoods from adjacent development or roadways, is discouraged where it disrupts the connectivity of compatible uses, pedestrian and/or bicycle access. If a buffer is necessary, adequate landscaping could be used in place of a continuous wall.
Design guidelines shall ensure a mixed use development is compatible with surrounding land uses and/or adjacent adopted Future Land Use Plan designations. These guidelines should address the following:
• Complement and support adjacent existing land uses and/or adopted Future Land Use Plan designations through the effective use of density, massing and other design elements. • Protect the integrity of existing single family neighborhoods through design elements which
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FUTURE LAND USE ELEMENT maintain consistency and/or improve the aesthetic quality of the neighborhood. (i.e. maintaining an architectural style or quality of building materials and construction predominant in the neighborhood). • Promote connectivity, open space, pedestrian and other non-motorized networks and landscaped streetscapes. • Incorporate designs which are environmentally sensitive (i.e. reduction of impervious surfaces, alternative material for spillover parking).
3. Uses permitted under the Mixed Use Residential category:
a. Hidden Harbour MUR Land Use Category: i. General Location: East side of Federal Highway/US 1, between NE 14 Street and NE 17 Street ii. Density and Intensity of Land Uses: No more than 1,377 peak hour traffic trips based on ITE Trip Generation Manual, 9th Edition iii. List of Permitted Uses*:
Type of Use Density / Intensity Residential 323 multi-family units Marina use (including boat storage, 75,000 maximum SF of buildings and 15 wet slips boat repair and slips) Commercial floor area maximum 510,000 SF All Uses floor area maximum 650,000 SF * Subject to Declaration of Restrictions recorded as Instrument #115931649 and attached to City Ordinance 2019-12.
Q. Conservation Land Use Each parcel of land within an area designated in a Conservation Land Use category by the City’s Land Use Plan Map must be zoned in a conservation zoning district which permits one or more of the following uses, but no other uses:
1. Natural Reservations, historic and archaeological sites including public lands which are conservation areas operated by contractual agreement with or managed by federal, state, regional, local government or non-profit agency.
2. Uses permitted in areas designated for conservation are as follows:
a. Passive outdoor recreational uses such as wildlife sanctuaries and feeding stations, nature centers and trails, outdoor research stations and walkways.
b. Uses which do not impair the natural environment or disturb the natural ecosystem of the area and which are not in conflict with any applicable contractual agreement or management policies of the federal, state, regional, county, municipal or non-profit agency which manages the Natural Reservation.
c. Uses appropriate for historic or archaeological sites for education, preservation and other activities which are not in conflict with historical or archaeological management and preservation practices and do not impair or degrade the designated historic or archaeological resource.
Section 4. Development Review Requirements
4.01 After the effective date of the Broward County Land Use Plan, the City may grant an application for a development permit consistent with the Broward County Land Use Plan or a certified City land use plan
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FUTURE LAND USE ELEMENT when it has determined that the following requirements are met:
A. Traffic circulation, recreational, drainage and flood protection, potable water, solid waste and sanitary sewer public facilities and services will be available to meet established level of service standards, consistent with Chapter 163.3202(g) Florida Statutes and the concurrency management policies in the Broward County Land Use Plan. B. Local streets and roads will provide safe, adequate access between buildings within the proposed development and the trafficways identified on the Broward County Trafficways Plan prior to occupancy. C. Fire protection service will be adequate to protect people and property in the proposed development. D. Police protection service will be adequate to protect people and property in the proposed development. E. School sites and school buildings will be adequate to serve the proposed development F. Development does not include a structure, or alteration thereof, that is subject to the notice requirements of Federal Aviation Regulations (FAR), Part 77, Subpart B, unless the Federal Aviation Administration issues, or has issued within the previous ninety (90) days, a written acknowledgement that said structure or alteration would not constitute a hazard to air navigation and does not require increases to minimum instrument flight altitudes within a terminal area, increases to minimum obstruction clearance altitudes, or other operational modifications at any existing airport or heliport or any planned or proposed airport as described in FAR Part 77.21(c)(2).
Section 5. Reporting Requirements
5.01 Following the effective date of the Land Use Plan, no land development regulation, land development code, or amendment thereto shall be adopted by the City Commission until such regulation, code or amendment has been referred to the City's local planning agency for review and recommendation as to the relationship of such proposal to the Land Use Plan.
5.02 The following shall be provided to the Broward County Planning Council: A yearly summary regarding the allocation of various forms of flexibility provisions of the Broward County Land Use Plan and the certified Pompano Beach Land Use Plan as described within the Permitted Uses subsection of those plans, which include the allocation of flex and/or redevelopment units; Residential uses in Commercial/Commerce land use designations; and Commercial uses in Residential land use designations). A yearly summary of development activity within Pompano’s “Activity Centers” will also be provided.
5.03 In any legal action in which the validity of the Land Use Plan or a portion thereof is in issue, the City shall notify the County Commission and provide copies of all papers in connection therewith.
Section 6. Amendments
6.01 Future Land Use Map.
A. The City shall submit to the Planning Council for certification all proposed amendments to the City’s Future Land Use Map. A proposed amendment to the Future Land Use Map must be certified by the Planning Council prior to it becoming effective. B. All amendments to the Future Land Use Map shall be adopted in the manner prescribed by the applicable sections of Chapter 163 F.S. and other applicable provisions of law.
6.02 County Land Use Plan. Any person may request the City to submit to the Planning Council a proposal for an amendment to the County Land Use Plan. The City shall submit such a proposal in writing to the Planning Council and shall include the City's recommendation regarding the proposal and the reasons therefore.
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The Objectives and Policies from the City of Pompano Beach’s Comprehensive Plan Elements as adopted by reference in Future Land Use Element Policy 1.20.01:
Policy 01.20.01 The Future Land Use Element includes by reference the following other Comprehensive Plan Objectives and Policies: Transportation (02.02.02, 02.02.04, 02.02.05, 02.02.06, 02.04.04); Housing (03.01.00, 03.01.04); Coastal Zone Management (11.01.00, 11.01.03, 11.01.07, 11.03.01, 11.04.02); Conservation (10.01.00, 10.01.01, 10.02.01, 10.04.00); Potable Water (07A.05.05); Solid Waste (09.01.04); PSFE (Objective 05A.02.00, 05A.03.01, 05B.01.05); Plan Implementation Requirements 3.02.A.9.a, 3.02.B.8)
Transportation Element
Policy 02.02:02: The City will incorporate the Broward County Transportation Concurrency Management System and will only issue development permits for projects that pay the Transit Fee.
Within Northeast and Central Transportation Concurrency Management Districts, the transportation LOS standards, for the purpose of issuing development orders and permits, are to achieve and maintain the following by FY 2023: • Increase transit ridership 10% • Provide 1.4 million fixed-route revenue service hours • Construct bus shelters at 1/3 of stop locations • Maintain average fleet age of 6 years or less • Maximum vehicular traffic volume 75% above LOS standard • Ensure adequate transit maintenance infrastructure to accommodate fleet demand • Study and develop two additional intermodal transit centers • Increase fixed-route fleet by up to 15 vehicles to support new and expanded service • Procure up to 40 vehicles to support Community Bus operations.
Almost all of Pompano Beach is within the Northeast TCMA, within which two additional LOS standards are: • 30-minute peak hour headways on 70% of bus routes; and • Maintain and enhance the Northeast Transit Center.
Pompano Beach contains short sections of I-95, Dixie Highway, Federal Highway and Cypress Road that are within the Central TCMA, within which two additional LOS standards are: • 30-minute peak hour headways on 60% of bus routes; and • Maintain and enhance the Lauderhill Transit Center and West Regional Terminal.
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Policy 02.02.04: In accordance with County Policy 2.14.2, the City will require a transportation analysis of Future Land Use Plan amendments that present a significant increase in anticipated traffic compared to the vested rights on the subject property to ensure that the above level of service standards can be maintained or effectively mitigated with the proposed land use plan amendment.
Policy 02.02.05: In accordance with County Policy 2.14.3, the City will continue to support and enforce the County’s well established procedures to ensure that public facilities and services are available to meet the above level of service standards prior to plat approval.
Policy 02.04.04: Continue to protect the right-of-way widths as depicted on the Broward County Trafficways Plan for existing or future roadways in the County by requiring appropriate setbacks when issuing development orders. In the City’s mixed use and urban districts, the appropriate setback may be a zero setback.
Housing Element
Objective 03.01.00: The City should provide, through the undertaking or support of public and private development efforts, sufficient housing units through the long range planning horizon to meet the anticipated population through 2040. Provision of these units shall be based on the need for adequate and affordable housing for all segments of the existing and future population including those households with very-low, low, and moderate income and those with special housing needs, including homelessness.
Policy 03.01.04: The City shall continue to cooperate with other local governments concerning providing affordable housing for very-low, low, and moderate income households and the homeless.
Coastal Zone Management Element
Objective 11.01.00: The City shall protect and enhance the City's waterways, canals, lakes, remaining coastal wetlands, coastal water quality, natural and artificial reefs, living marine resources and wildlife habitat.
Policy 11.01.03: The City shall coordinate and participate with Broward County in the sea turtle program including beach lighting regulations and will prepare and adopt land development regulations consistent with state and federal guidelines to control beachfront lighting. Those regulations shall be consistent with Chapter 62B-55 (FAC) Model Ordinance for Marine Turtle Protection and they shall additionally be in compliance with Lighting/Development Categories as outlined in the Broward County Technical Report 97-06 Broward County Beach Lighting Management Plan.
Policy 11.01.07: The City will prepare a Beach Master Plan for dune restoration purposes and will cooperate with Broward County in the development of a comprehensive beach management and maintenance plan to address activities including dune restoration and
2 vegetation management, beach nourishment, and sand by-passing. The Beach Master Plan shall include consideration of climate change impacts on these efforts.
Policy 11.03.01: Waterfront uses shall be designed in a manner compatible with the environment and be compatible with existing surrounding land uses and are prioritized according to the following criteria: 1. Water dependent commercial and municipal uses. 2. Water related uses in conjunction with water dependent uses. 3. Public accessibility. 4. Non-water related uses.
Policy 11.04.02: Continue to implement the Land Development Regulations to require beachfront properties to protect, restore and revegetate the existing sand dune system along the beach frontage as part of redevelopment that may include conservation easements, elevated walkways and clustering of development.
Conservation Element
Objective 10.01.00: The City shall put forth an effort to ensure compliance with the minimum air quality standards established by the Florida Department of Environmental Protection and the Broward County Environmental Protection and Growth Management Division including factors that affect energy conservation.
Policy 10.01.01: The City shall coordinate efforts to preserve air quality with Broward County Environmental Protection and Growth Management Division and will review all proposed development with respect to potential impacts on regional air quality with negative impacts eliminated or effectively mitigated.
Policy 10.02.01: Enforce the City regulations that require new development retain the first flush of storm water before it enters surface water bodies, minimize the direct discharge of stormwater runoff into such water bodies and enforce the City regulations that provide for the protection and creation of surface waters in conformance with policies and "best management practices" of the State and the South Florida Water Management District.
Objective 10.04.00: The City shall enforce the adopted soil erosion controls including those consistent with Chapter 27 of the Broward County Code.
Potable Water Element
Policy 07A.05.05: Seek available grants (federal, state and local) for the expansion of the reuse water distribution system.
Solid Waste Element
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Policy 09.01.04: The siting of trash transfer facilities will require the review and approval of the City Commission in order to ensure compatibility with adjacent existing and future land uses.
Public Schools Facilities Element
Objective 05A.02.00: Broward County shall continue to maintain a county-wide public school facilities concurrency management system for implementation of public school concurrency to ensure that public school facilities are available at the adopted level of service standard concurrent with the impact of proposed residential development.
Policy 05A.03.01: A residential development’s proportionate share mitigation value shall be determined by multiplying the number of additional student stations needed to mitigate the impact of the proposed development on schools within the affected CSA(s) not meeting the adopted LOS standards by the State cost per student station for each school type plus a land impact cost share, if any. Pursuant to Section 163.3180(6)(h)2.b, F.S., the applicant’s proportionate share mitigation obligation shall be credited toward any other impact or exaction fee imposed by local ordinance for the same need, on a dollar-for dollar basis, at fair market value.
Policy 05B.01.05: The School Board shall monitor and participate in the Broward County and/or local government plat review and site plan review processes, the Development of Regional Impact (DRI) process, the land use plan amendment process and other development order/permit processes that may have an impact on current or planned public educational facilities in Broward County.
Future Land Use Element, Land Use Implementation Requirements, Section 3
Policy 3.02.A.9.a: Office and/or neighborhood retail sales of merchandise or services, subject to the following limitations and provisions: a. No more than a total of five percent (5%) of the area designated for residential use on the Future Broward County Land Use Plan Map within Pompano Beach may be used for offices and/or neighborhood retail sales of merchandise or services.
Policy 3.02.B.8: In accordance with Broward County Administrative Rule 3.5(A)(4) Residential uses, up to 10 acres (up to 20 acres for projects that include a minimum of 15% affordable housing restricted to such use for a minimum of 15 years) are permitted via City Commission allocation of “flexibility units” and/or “redevelopment units,” provided that the total residential uses do not exceed 20% of the land area designated “Commerce” on the County’s Land Use Plan.
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PH 5
RECERTIFICATION OF THE TOWN OF SOUTHWEST RANCHES FUTURE LAND USE ELEMENT TEXT PCR 21-10
INTRODUCTION/BACKGROUND
Pursuant to the Broward County Charter, local governments in Broward County are required to submit all amendments to their certified land use elements for recertification by the Planning Council to ensure consistency with the BrowardNext - Broward County Land Use Plan (BCLUP).
The Town of Southwest Ranches has submitted two (2) text amendments to its Future Land Use Element to the Planning Council for recertification. The Town adopted its local amendments on January 28, 2021 (Ordinance No. 2021-001) and February 11, 2021 (Ordinance No. 2021-006), and they have completed the Chapter 163, Florida Statutes, comprehensive plan amendment review process.
The Town’s amendments update the Goals, Objectives and Policies and the Permitted Uses sections of its Future Land Use Element to eliminate the Medium Density (16) Residential land use category and to clarify the boundaries of its US Highway 27 Business District land use category. The amendments also revise the list of permitted uses within the US Highway 27 Business land use category, which is consistent with the BCLUP’s Commerce land use category. See Attachment 1.
Planning Council staff review finds that the Town of Southwest Ranches Future Land Use Element is in substantial conformity with the BCLUP. It is noted that the Council’s review regarding (re)certifications is limited in scope with the Council’s authority based on whether the municipal plan is in substantial conformity with the policies and rules of the BCLUP. It is not a re- examination of the merits of the original municipal amendment. In addition, it is noted that per Administrative Rules Document: BrowardNext Article 2.5(A)(4), if the Council determines that a recertification request is not in substantial conformity with the Broward County Land Use Plan, the Council must state its reasons for rejection, alterations or modifications and notify the local government in writing.
RECOMMENDATIONS/ACTIONS DATE
I. Planning Council Staff Recommendation June 15, 2021
Planning Council staff concludes that the local plan amendments are in substantial conformity with the BCLUP. It is recommended that the recertification of the Southwest Ranches Future Land Use Element text be approved.
ATTACHMENT
1. Town of Southwest Ranches Future Land Use Element Text Amendment
- 1 - ATTACHMENT 1
III. Plan Elements
FUTURE LAND USE ELEMENT
III.A. Future Land Use Element (FLUE)
1. Goals, Objectives and Policies
FLUE GOAL 1
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FLUE OBJECTIVE 1.8 US HIGHWAY 27 BUSINESS LAND USE CATEGORY
ESTABLISH AND MAINTAIN A US HIGHWAY 27 BUSINESS LAND USE CATEGORY EXCLUSIVELY FOR THE US HIGHWAY 27 CORRIDOR, ALLOWING ONLY CAREFULLY PLANNED DEVELOPMENT THAT IS DESIGNED TO BE COMPATIBLE WITH ADJACENT RURAL RESIDENTIAL LAND USES AS SUBSTANTIALLY BUFFERED BY THE EXISTING CEMETERY AND OPEN SPACE, AND WHICH WOULD BE ENVIRONMENTALLY NEUTRAL.
Measurement: Designation of a US Highway 27 Business category.
FLUE POLICY 1.8-a: The Town has identified the US 27 Corridor as appropriate for business uses on the land use plan map. The Town created the US Highway 27 Business Category for this purpose. Only parcels west of US Highway 27 and parcels that fronting the east side of US Highway 27 that are buffered from Rural Ranch land use designations by an intervening Open Space or Community Facilities land use designation are eligible for this designation, including parcels that also front Griffin Road or Stirling Road. Parcels designated US Highway 27 Business on the land use plan map must only be developed and used in strict compliance with the following policies. The Town Council shall consider the extent to which each application submitted for land use plan amendment, rezoning and development furthers the intent and spirit of the policies hereunder in determining whether to approve the application.
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2. PERMITTED USES IN FUTURE LAND USE CATEGORIES
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1 Town of Southwest Ranches Comprehensive Plan Adopted by Southwest Ranches Town Council May 2003 – Updated March, 2021 5. US HIGHWAY 27 BUSINESS CATEGORY
The US Highway 27 Business Category is intended to facilitate a limited range of “clean” light industrial and business uses along the US 27 corridor that are not a threat to the potable water quality of the Biscayne Aquifer or to the peaceful enjoyment of residential properties to the east. This category may be applied only to properties fronting the east side of U.S. Highway 27 that are buffered from parcels designated Rural Ranches, Rural Estates and Agricultural by an intervening permanent open space or community facility land use.
The Town shall carefully consider potential environmental, traffic and quality of life impacts before changing the land use plan map designation of any parcel to US Highway 27 Business. An application for land use plan amendment to designate a property as US Highway 27 Business must affirmatively demonstrate that the amendment is consistent with all of the performance standards established herein. Every such application for plan amendment shall be submitted concurrently with a rezoning application to an implementing zoning district.
A. Performance Standards. 1. Development shall not generate levels of noise, vibration, odor, dust, fumes, smoke, glare, or night-time illumination that can be detected from are incompatible any property with residential land uses east of US Highway 27 an Agricultural, Rural Ranch or Rural Estate land use plan map designation. 2. City of Sunrise sanitary sewer and potable facilities must be in place, or the provision of City of Sunrise sanitary sewer and potable facilities must be the subject of a binding agreement with the City of Sunrise to serve any parcel designated US Highway 27 Business, prior to issuance of any permit for the construction of any building or roofed structure. Such service must be in place prior to the issuance of a certificate of occupancy, temporary or otherwise. 3. Development shall not involve use of any chemicals, substances or processes that create byproducts that are combustible, carcinogenic, biohazardous, or are otherwise toxic to humans or animals. The land development regulations may permit fuel storage tanks for emergency generators and for the purpose of servicing vehicles or equipment used in the regular course of business, provided that any such tanks may be required to exceed the installation, containment, inspection and other requirements of Article 27, Chapter 10, “Storage Tanks” of the Broward County Code of Ordinances, as may be amended from time to time. 4. Any use – the nature of which may be considered dangerous, or which may potentially compromise the comfort, peace, enjoyment, health or safety of the community or any property with a Rural Ranches, Rural Estate or Agricultural land use plan map designation - shall be prohibited. 5. All development shall provide for north-south cross-access to abutting parcels in accordance with the conceptual master access management plan for the US-27 corridor (see FLUE Policy 1.8-e.). Such access may include dedication and construction of a frontage drive and/or site design that anticipates driveway connections or drive aisle connections with abutting properties, and which provides cross-access easements for such connections.
2 Town of Southwest Ranches Comprehensive Plan Adopted by Southwest Ranches Town Council May 2003 – Updated March, 2021 B. Uses permitted in areas designated US Highway 27 Business are as follows, subject to limitations, conditions of use and review requirements established within the Unified Land Development Regulations:
Light industrial uses: 1. Fabrication and assembly. 2. Contractor shops and similar uses. 3. Sales and display of agricultural equipment, construction equipment, utility trailers, boats, and similar uses. 4. A limited range of light manufacturing and light industrial uses that are consistent with the performance standards set forth herein. 5. Educational and scientific research businesses, including dental laboratories but excluding medical and industrial laboratories. Industrial laboratories may be approved on a case-by-case basis after review by the Town Council. All such uses shall be that are consistent with the performance standards set forth herein. 6. A limited range of commercial recreation uses that are consistent with the performance standards set forth herein. 7. Wholesaling, warehousing and storage provided that only storage or materials and items that are consistent with the performance standards set forth herein may be permitted. 8. Distribution uses that the Town determines are consistent with the performance standards set forth herein.
Other permitted uses: 9. Communication facilities.
10. Non-residential agricultural uses.
11. Office uses, excluding call centers, provided that principal office uses shall not exceed twenty percent (20%) of the land area within the Town designated Industrial on the Broward County Land Use Plan.
12. Utilities located on the site of a development and confined to serving only the specific development.
13. Recreation and open space that does not adversely affect the suitability of adjacent US 27 frontage parcels for business use.
14. One (1) residential caretaker or watchman unit within the same structure as a light industrial use.
15. Retail, restaurants, personal serviced and other ancillary commercial uses, limited to less than fifty percent (50%) of any building occupies by a light industrial use.
16. The following uses ay also be permitted as long as the total area of these uses does not consume more than twenty percent (20%) of the land designated Industrial on the Future Broward County Land Use Plan Map (Series) within the Town, and as
3 Town of Southwest Ranches Comprehensive Plan Adopted by Southwest Ranches Town Council May 2003 – Updated March, 2021 long as the location of these uses does not preclude or adversely affect the future use of surrounding areas for light industrial use:
15.a. Commercial and retail business uses, including restaurants and personal services. 16. b. Hotel, motel and similar lodging. 17. Community facilities uses limited to cemeteries, mausoleums, trade and vocational schools, and theatrical studios.
* * * * * * * * * *
15. MEDIUM DENSITY (16) RESIDENTAL LAND USE CATEGORY
The primary uses permitted in areas designated for Medium density (16) on the Town’s Future Land Use Map are as follows:
A. Multi-family housing to serve the needs if the Town’s current and future very-low income, low-income, moderate income and affordable income families.
B. Home occupations and other normally accessory to a dwelling unit.
C. Parks and other outdoor recreational facilities, and recreational, civic, or other cultural buildings ancillary to the primary outdoor recreational use of the site.
D. Community facilities designed to serve the community consistent with the uses included in Section 2, Permitted Uses in Future Land Use Categories, Subsection 11, Utilities Use.
E. Utilities facilities designed to serve the community consistent with the uses included in Section 2, Permitted Uses in Future Land Use Categories, Subsection 11, Utilities Use.
F. Agricultural uses.
G. Neighborhood offices or services, subject to the review and approval requirements of Broward County’s Comprehensive Plan Policy 13.01.10 as amended in November, 2002 and the following limitations and provisions:
1. No more than a total of five (5%) percent of the area designated for residential use on the Town’s Future Land Use Map with the Town’s Flexibility Zone 117 may be for neighborhood offices and/or services.
2. The maximum size of contiguous areas used for neighborhood offices and/or services may exceed ten (10) acres.
3. Regardless of the above constraints, space within residential buildings may be used for offices, as long as no more than 50% of the floor area is used for offices.
4 Town of Southwest Ranches Comprehensive Plan Adopted by Southwest Ranches Town Council May 2003 – Updated March, 2021 Conservation Area ^ _ ¤ £ 27 PINES BOULEVARD PINES
WESTON SUBJECT AREA LOCATION AREA SUBJECT
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SAWGRASS EXPRESSWAY GRIFFIN ROAD GRIFFIN GENERALIZED LOCATION MAP LOCATION GENERALIZED
PEMBROKE PEMBROKE FLAMINGO ROAD R
AMENDMENT PC 21-6 PC AMENDMENT E
PINES
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HILLSBORO BLVD HILLSBORO Mc NAB ROAD NAB Mc COOPER O LL R AD CORAL RIDGE DRIVE
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UNIVERSITY DRIVE ¨¦ § PETERSROAD DAVIE ROAD 595
HOLMBERG ROAD HOLMBERG
LAUDERDALE
BROWARD BLVD BROWARD WILES ROAD WILES MIAMI-DADE COUNTY MIAMI-DADE NORTH
ROCK ISLAND ROAD
HALLANDALE BEACH BLVD BEACH HALLANDALE MARGATE LAUDERDALE
SUNRISE SUNRISE BLVD DA'S TURNPIKE FLORI OAKLANDPARK BLVD ¤ £ ¤ £ 441 441
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OC COCONUT
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U PEMBROKE DAVIE BLVD
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AMENDMENT PC 21-6
NE 15 TERRACE 15 NE NE 12 TERRACE 12 NE
COPANS ROAD
Retail
Vacant Golf Course Retail Retail
FEDERAL HIGHWAY
Golf Course
NE 18 STREET
POMPANO BEACH
400 200 0 400 Feet E MAP 2 BROWARDNEXT - BROWARD COUNTY LAND USE PLAN CURRENT FUTURE LAND USE DESIGNATIONS AMENDMENT PC 21-6
Current Land Use: Commerce
Gross Acres: Approximately 12.1 acres
NE 15 TERRACE 15 NE NE 12 TERRACE 12 NE COPANS ROAD
POMPANO BEACH
FEDERAL HIGHWAY
POMPANO BEACH MUNICIPAL GOLF COURSE
NE 18 STREET
Site Commerce Low (5) Residential Recreation and Open Space Low-Medium (10) Residential E 400 200 0 400
Feet MAP 3 BROWARDNEXT - BROWARD COUNTY LAND USE PLAN PROPOSED FUTURE LAND USE DESIGNATIONS AMENDMENT PC 21-6
Proposed Land Use: Irregular (29.5) Residential
Gross Acres: Approximately 12.1 acres
NE 15 TERRACE 15 NE NE 12 TERRACE 12 NE COPANS ROAD
POMPANO BEACH
29.5
FEDERAL HIGHWAY
POMPANO BEACH MUNICIPAL GOLF COURSE
NE 18 STREET
Site 0.0 Irregular Residential Low (5) Residential Commerce Low-Medium (10) Residential Recreation and Open Space E 400 200 0 400
Feet SECTION I AMENDMENT REPORT BROWARD COUNTY LAND USE PLAN PROPOSED AMENDMENT PC 21-6 (POMPANO BEACH)
RECOMMENDATIONS/ACTIONS DATE
I. Planning Council Staff Transmittal Recommendation June 15, 2021
Planning Council staff finds that the proposed amendment is generally consistent with the policies of the BrowardNext – Broward County Land Use Plan, recognizing the applicant’s voluntary commitments to 1) restrict 15% of the proposed dwelling units as moderate-income affordable housing units (up to 120% of median income) for a minimum of 30 years and 2) submit notice to the FAA prior to the issuance of residential building permits and provide written notification of the proximity to the Pompano Beach Airpark in any leases or deeds for residential units built on the property. See Attachments 7 and 10. Therefore, it is recommended that the proposed amendment be approved.
Effectiveness of the approval of the land use plan amendment shall not occur until the municipal recertification of the local amendment is complete, subject to the recordation in the public records of Broward County, Florida, to the satisfaction of Broward County, of a legally enforceable agreement, such as a Declaration of Restrictive Covenants, to memorialize the voluntary commitments proffered by the applicant, as an inducement for Broward County to favorably consider its application.
As the Planning Council is aware, the Broward County Charter requires at least one Planning Council public hearing and Article 1.2(A) of the Administrative Rules Document: BrowardNext outlines the following circumstances in which a second Planning Council public hearing may be recommended or required: (1) At its initial public hearing, the Planning Council takes an action to recommend denial of a proposed amendment; or (2) At its initial public hearing, the Planning Council takes an action to recommend approval subject to meeting specific criteria or policy prior to a second Planning Council public hearing; or (3) At its initial public hearing, the Planning Council votes by a majority of the members present with a minimum of six (6) affirmative votes for a second Planning Council public hearing; or (4) If the County Commission requests by a vote of the majority of members present to request a second Planning Council public hearing; or (5) If an objection or comment on adverse impacts to important state resources or facilities is issued during the State of Florida Chapter 163 review process; or (6) If State of Florida Chapter 163 requires or is modified to require a second local planning agency public hearing.
I - 1
RECOMMENDATIONS/ACTIONS (continued) DATE
I. Planning Council Staff Transmittal Recommendation (continued) June 15, 2021
If the Planning Council chooses to require a second Planning Council public hearing per Article 1.2(A)(1)(2) or (3), such recommendation must be made as part of its motion.
In addition, if the Planning Council does not require a second Planning Council public hearing and the Broward County Land Use Plan amendment is adopted by the County Commission, this action by the Planning Council shall be considered the “conditional” recertification of the municipal land use plan amendment, which directly correlates to the referenced BCLUP amendment. The land use plan amendment will not be deemed effective until such time as the Planning Council Executive Director and Attorney determine that the municipality has fulfilled all application requirements for recertification of local land use plans, as outlined in the Administrative Rules Document: BrowardNext. The Planning Council Executive Director will issue a written letter of effectiveness to the municipality upon satisfaction of the same.
I - 2
SECTION II AMENDMENT REPORT PROPOSED AMENDMENT PC 21-6
INTRODUCTION AND APPLICANT’S RATIONALE
I. Municipality: Pompano Beach
II. County Commission District: District 2
III. Site Characteristics
A. Size: Approximately 12.1 acres
B. Location: In Section 25, Township 48 South, Range 42 East; generally located on the south side of Copans Road, between Federal Highway/U.S. 1 and Northeast 12 Terrace.
C. Existing Use: Vacant retail and ancillary surface parking
IV. Broward County Land Use Plan (BCLUP) Designations
A. Current Designation: Commerce
B. Proposed Designation: Irregular (29.5) Residential
C. Estimated Net Effect: Addition of 356 dwelling units Zero (0) dwelling units currently permitted by the Broward County Land Use Plan Reduction of 12.1 acres of commerce use
V. Existing Uses and BCLUP Designations Adjacent to the Amendment Site
A. Existing Uses: North: Retail East: Retail South: Golf course West: Golf course
B. Planned Uses: North: Commerce East: Commerce South: Recreation and Open Space West: Recreation and Open Space
II - 1
INTRODUCTION AND APPLICANT’S RATIONALE (continued)
VI. Applicant/Petitioner
A. Applicant: The Morgan Group
B. Agent: Dennis D. Mele, Esq., Greenspoon Marder, LLP
C. Property Owners: Sterling Organization Macy’s Inc.
VII. Recommendation of Local Governing Body: The City of Pompano Beach recommends approval of the proposed amendment.
VIII. Applicant’s Rationale
The applicant states: “The Subject Property is part of the Pompano Citi Centre Shopping Mall and is developed with a former Macy’s department store and associated parking. When this shopping mall was originally constructed in 1970, it was one of the only enclosed malls in Broward County. It was designed like a typical shopping mall of that era with an internal corridor that connected all the individual tenants. In 2004 the shopping center was redesigned and the internal connectivity was removed. With this redesign, the Macy’s store became isolated from the rest of the center on the back side of the center and had very poor visibility. The trend in apparel retail during the past few years has been a move away from apparel focused department stores to retail boutiques and fast fashion stores. In addition, there have been many bankruptcies in the retail sector due to the impacts of the COVID-19 Pandemic. COVID-19 will likely impact the way people shop well into the future which will continue to reduce the need for brick-and-mortar stores as people continue to do much of their shopping on-line. All of these factors combined led this Macy’s store to close and it is unlikely that the store could be successful going forward. With the conversion of the Subject Property to residential, the remaining tenants in Pompano Citi Centre would benefit from the residents living on-site that will become patrons of those businesses.
The Subject Property is surrounded on three (3) sides by commercial development and on the fourth by the City’s municipal golf course. As a result, the proposed development will be separated from existing single-family development north of Copans Road by existing commercial development. The analysis of the proposed amendment documents that there are existing adequate public facilities available to serve the proposed development. For these reasons, the proposed amendment will not have any negative impacts on the immediate area or the City as a whole.
II - 2
INTRODUCTION AND APPLICANT’S RATIONALE (continued)
VIII. Applicant’s Rationale (continued)
Although the Subject Property is not located in a designated redevelopment area, the Citi Centre is in need of redevelopment of the existing vacant space. The proposed amendment will facilitate sustainable infill redevelopment on a portion of the Citi Centre and provide additional patrons for the commercial uses in the area.”
II - 3
SECTION III AMENDMENT REPORT PROPOSED AMENDMENT PC 21-6
REVIEW OF PUBLIC FACILITIES AND SERVICES
I. Potable Water/Sanitary Sewer/Solid Waste/Drainage/Parks & Open Space
Adequate potable water facility capacity and supply, sanitary sewer facility capacity, drainage and solid waste services, and park and open space acreage will be available to serve the proposed land use. See Attachment 1.
Regarding the long-range planning horizon for potable water supply, it is noted that the City of Pompano Beach adopted its 10-year Water Supply Facilities Work Plan on October 27, 2020.
II. Transportation & Mobility
The proposed amendment from the Commerce land use category to the Irregular (29.5) Residential land use category is projected to decrease the number of p.m. peak hour trips on the regional transportation network at the long-term planning horizon by approximately 490 p.m. peak hour trips. See Attachment 2. As such, the proposed amendment would not negatively impact the operating conditions of the regional transportation network.
Planning Council staff notes the following roadway levels of service for informational purposes only:
• Federal Highway/U.S. 1, between Sample Road and Copans Road, is currently operating at and projected to continue operating at level of service (LOS) “F,” with or without the subject amendment. • Federal Highway/U.S. 1, between Copans Road and Northeast 10 Street, is currently operating at LOS “D,” and projected to operate at LOS “F,” with or without the subject amendment. • Copans Road, between Dixie Highway and Federal Highway/U.S. 1, is currently operating at and projected to continue operating at LOS “C,” with or without the subject amendment. • Northeast 14 Street, between Federal Highway/U.S. 1 and Ocean Boulevard/A1A, is currently operating at and projected to continue operating at LOS “D,” with or without the subject amendment.
III - 1
REVIEW OF PUBLIC FACILITIES AND SERVICES (continued)
II. Transportation & Mobility (continued)
The Broward County Transit Division (BCT) report states that current and planned fixed- route county transit service, as well as community shuttle service, is provided to the proposed amendment site. In addition, the BCT report identifies planned Penny Surtax transit improvements to the county routes serving the amendment site. Further, the BCT staff recommends that any proposed development be designed to provide safe movement for pedestrians and bicycles, including transit connectivity to the existing sidewalk/bicycle network and bus stops. See Attachment 3.
III. Public Schools
The School Board of Broward County staff report states that the proposed amendment would generate 29 additional students into Broward County Public Schools, consisting of 8 elementary school students, 7 middle school students and 14 high school students. The report further states that Cresthaven Elementary, Crystal Lake Community Middle and Deerfield Beach High schools are all under-enrolled in the 2020-2021 school year and are anticipated to operate below the adopted level of service (LOS) of the higher of 100% of gross capacity or 110% of permanent capacity through the 2022-2023 school year. In addition, the School Board report indicates that there is one (1) charter school located within a two-mile radius of the proposed amendment site. See Attachment 4.
The School Board report indicates that there are no planned improvements which increase the capacities of the affected elementary, middle and high schools in the currently adopted 5-year or 10-year School Board District Educational Facilities Plans. See Attachment 4.
Based on the School District’s Seven Long Range Planning Areas, the proposed amendment is located within School District Planning Area “7,” which is anticipated to have sufficient excess capacity to support the students generated by the residential units proposed in the Planning Area. The residential dwelling units will be subject to a public school concurrency review at the plat or site plan phase of development review, whichever comes first. See Attachment 4.
III - 2
SECTION IV AMENDMENT REPORT PROPOSED AMENDMENT PC 21-6
REVIEW OF NATURAL RESOURCES
I. Designated Protected/Regulated Areas
The Broward County Environmental Protection and Growth Management Department (EPGMD) report indicates that the proposed amendment site does not contain Natural Resource Areas, Local Areas of Particular Concern, Urban Wilderness Inventory sites, or Protected Natural Lands within its boundaries. See Attachment 5.
II. Wetlands
The EPGMD report indicates that the proposed amendment site does not contain wetlands within its boundaries. Therefore, the proposed amendment is not expected to have a negative impact on wetland resources. See Attachment 5.
III. Sea Level Rise
The EPGMD report indicates that the proposed amendment site does not contain, fall within, or overlap with an area for planning consideration, as indicated on the Priority Planning Areas for Sea Level Rise Map. See Attachment 5.
IV. Other Natural Resources
The EPGMD report indicates that the subject site contains mature tree canopy. Development of the site must comply with the Tree Preservation Regulations of the City of Pompano Beach. The applicant is required to minimize the number of trees to be removed by incorporating suitable existing trees in the site plan design. If trees cannot be incorporated into the site plan in their current location, the applicant is required to relocate suitable trees. Any trees permitted for removal must be replaced. If the above requirements are adhered to, the proposed land use plan amendment is not expected to have a negative impact on upland resources. It is further noted that development of the proposed amendment site should be coordinated with the NatureScape Broward Program for guidance in development of any related landscaping plans. See Attachment 5.
V. Historical/Cultural Resources
The Broward County Planning and Development Management Division (PDMD) report states that the proposed amendment will not have an adverse effect on any known historical or archaeological resources or areas of archaeological or paleontological sensitivity. See Attachment 6.
IV - 1
SECTION V AMENDMENT REPORT PROPOSED AMENDMENT PC 21-6
OTHER PLANNING CONSIDERATIONS/INFORMATION
I. Affordable Housing
The proposed land use plan amendment is subject to Broward County Land Use Plan (BCLUP) Policy 2.16.2, as it proposes an additional 356 dwelling units to be permitted by the BCLUP. The amendment application was submitted with a voluntary commitment to designate at least 15% of the dwelling units (54 dwelling units) as moderate-income affordable housing (120% of median income) for a period of 30 years. Therefore, the proposed amendment was exempt from the land use plan amendment fee and is in compliance with Policy 2.16.2. See Attachment 6. The applicant has submitted a draft Declaration of Restrictive Covenants outlining its voluntary commitment regarding affordable housing. See Attachment 7.
II. BrowardNext - Broward County Land Use Plan Policies
The proposed amendment is found to be generally consistent with the policies of the BrowardNext - Broward County Land Use Plan, including Strategy MM-2 recognizing the transportation and housing connection:
• Broward County shall support strategically directing new growth and redevelopment to mixed use activity areas such as downtowns and along major corridors which offer multi-modal connections and cost effective infrastructure investments to accommodate full access to housing, jobs, local businesses, and community services.
III. Other Pertinent Information
The proposed amendment site is located in close proximity to the City of Pompano Beach Airpark. Planning Council staff solicited comments from the municipal facility. The City Airpark staff states that the proposed development will be subject to airport noise and aircraft overflights. As such, the development must be reviewed by the Federal Aviation Administration (FAA) to ensure that the buildings do not penetrate any of the airport approach surfaces. Further, Airpark staff states that any lessee or property owner be notified of potential aircraft operations and associated noise from said aircrafts. See Attachments 8.A. and 8.B. Planning Council staff recommends that this notification be memorialized in a legally enforceable agreement to ensure that prospective renters or buyers are notified of potential noise issues, etc. related to the proximity to Pompano Airpark airspace.
V - 1
OTHER PLANNING CONSIDERATIONS/INFORMATION (continued)
III. Other Pertinent Information (continued)
The applicant has submitted a draft Declaration of Restrictive Covenants confirming that a “Notice of Proposed Construction or Alteration” will be submitted to the FAA prior to the issuance of residential building permits. Further, written notification of the proximity to the Airpark will be provided in any leases or deeds for residential units built on the property. See Attachment 10.
The applicant conducted a virtual community outreach meeting with neighboring residential property owners to present the proposed development plan.
Regarding notification to the public, the Broward County Planning Council staff sent approximately 66 courtesy notices to all property owners within the land use plan amendment boundaries, as well as within 300 feet of the boundaries.
V - 2
SECTION VI AMENDMENT REPORT PROPOSED AMENDMENT PC 21-6
PLANNING ANALYSIS
The proposed BrowardNext – Broward County Land Use Plan (BCLUP) amendment from Commerce to Irregular (29.5) Residential would result in an addition of 356 dwelling units. The amendment site is generally surrounded by retail uses to the north and east and a municipal golf course to the west and south. In addition, the proposed amendment site is located along Copans Road and Federal Highway/U.S. 1, which are primary transportation corridors. Development of the amendment site with higher density multi-family residential will serve to promote the transportation and housing connection promoted by the BCLUP. In addition, this proposed amendment is consistent with the types of proposals that are anticipated for vacant big box retail sites and shopping centers along transportation corridors. It is also noted that the proposed development parcel will continue to be supported by and integrated with remaining retail parcels.
Planning Council staff’s analysis finds that adequate potable water plant capacity and supply, sanitary sewer, drainage, solid waste capacity and park acreage will be available to serve the proposed land use. In addition, our analysis finds that the proposed amendment is not projected to negatively impact the operating conditions of the regional transportation network. See Attachment 2. Further, no adverse impacts to natural or cultural resources were identified.
Regarding impacts to public schools, the School Board of Broward County staff report states that the proposed amendment would generate 29 additional students into Broward County Public Schools, consisting of 8 elementary school students, 7 middle school students and 14 high school students. Based on the School District’s Seven Long Range Planning Areas, the amendment is located within School District Planning Area “7,” which is anticipated to have sufficient excess capacity to support the students generated by the residential units proposed in the Planning Area. In addition, the residential dwelling units will be subject to a public school concurrency review at the plat or site plan phase of development review, whichever comes first. See Attachment 4.
Regarding affordable housing, the proposed land use plan amendment is subject to Broward County Land Use Plan (BCLUP) Policy 2.16.2, as it proposes an additional 356 dwelling units to be permitted by the BCLUP. The amendment application was submitted with a voluntary commitment to designate at least 15% of the dwelling units (54 dwelling units) as moderate- income affordable housing (120% of median income) for a period of 30 years. Therefore, the proposed amendment was exempt from the land use plan amendment fee and is in compliance with Policy 2.16.2. See Attachment 6. The applicant has submitted a draft Declaration of Restrictive Covenants outlining its voluntary commitment regarding affordable housing. See Attachment 7.
VI - 1
PLANNING ANALYSIS (continued)
Regarding proximity to the City of Pompano Beach Airpark, City Airpark staff states that the proposed development will be subject to airport noise and aircraft overflights and must be reviewed by the Federal Aviation Administration (FAA) to ensure that the buildings do not penetrate any of the airport approach surfaces. Further, Airpark staff states that any lessee or property owner be notified of potential aircraft operations and associated noise from said aircrafts. See Attachments 8.A. and 8.B. The applicant has submitted a draft Declaration of Restrictive Covenants confirming that a “Notice of Proposed Construction or Alteration” will be submitted to the FAA prior to the issuance of residential building permits. Further, written notification of the proximity to the Airpark will be provided in any leases or deeds for residential units built on the property. See Attachment 10.
In conclusion, Planning Council staff finds the proposed amendment is generally consistent with the policies of the BrowardNext - Broward County Land Use Plan (BCLUP), recognizing the applicant’s voluntary commitments to 1) restrict 15% of the proposed dwelling units as moderate-income affordable housing units (up to 120% of median income) for a minimum of 30 years and 2) submit notice to the FAA prior to the issuance of residential building permits and provide written notification of the proximity to the Pompano Beach Airpark in any leases or deeds for residential units built on the property. See Attachments 7 and 10. Therefore, it is recommended that the proposed amendment be approved.
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SECTION VII AMENDMENT REPORT PROPOSED AMENDMENT PC 21-6
ATTACHMENTS
1. Broward County Planning Council Supplemental Report of May 2021
2. Broward County Planning Council Traffic Analysis of March 10, 2021
3. Broward County Transit Division Report of March 31, 2021
4. School Board of Broward County Consistency Review Report of April 9, 2021
5. Broward County Environmental Protection and Growth Management Department Report of April 13, 2021
6. Broward County Planning and Development Management Division Report of April 14, 2021
7. Draft Declaration of Restrictive Covenants Regarding Affordable Housing
8. A. Email correspondence from Steven P. Rocco, C.M., ACE, Airport Manager, City of Pompano Beach, to Julie M. Bernal, Planner Trainee, Broward County Planning Council, dated April 7, 2021
B. Email correspondence from Steven P. Rocco, C.M., ACE, Airport Manager, City of Pompano Beach, to Deanne D. Von Stetina, AICP, Assistant Executive Director, Broward County Planning Council, dated June 9, 2021
9. Proximity of Site to Pompano Beach Airpark (Map)
10. Draft Declaration of Restrictive Covenants Regarding Pompano Airpark
11. Broward County Parks and Recreation Division Report of April 14, 2021
12. Broward County Water Management Division Report of March 16, 2021
VII - 1
ATTACHMENT 1
BROWARD COUNTY PLANNING COUNCIL SUPPLEMENTAL REPORT PUBLIC SERVICES AND FACILITIES
BROWARD COUNTY LAND USE PLAN AMENDMENT NUMBER PC 21-6
Prepared: May 2021
POTABLE WATER
The proposed amendment site will be served by the Pompano Beach Water Treatment Plant, which have a current combined capacity of 50 million gallons per day (mgd). The current and committed demand on the treatment plant is 14.2 mgd, with 35.8 mgd available. The wellfield serving the amendment site has a permitted withdrawal of 18.39 mgd, with 4.19 mgd available for water withdrawal, which expires on December 8, 2040. The amendment will result in a net increase in demand of 0.12 mgd. Planning Council staff utilized a level of service of 0.1 gallons per day (gpd) per square foot for commerce uses and 161 gpd per capita (2.27 persons per household) for residential uses. Sufficient potable water supply and treatment capacity will be available to serve the proposed amendment site.
SANITARY SEWER
The proposed amendment site will be served by the Broward County North Regional Wastewater Treatment Plant, which has a current capacity of 95 mgd. The City of Pompano Beach has an allocated capacity of 17 mgd. The current and committed demand on Pompano Beach’s portion of the treatment plant is 14.7 mgd, with 2.3 mgd available. The amendment will result in a net increase in demand of 0.09 mgd. Planning Council staff utilized a level of service of 0.1 gpd per square foot for commerce uses and 300 gpd per dwelling unit for residential uses. Sufficient sanitary sewer capacity will be available to serve the proposed amendment site.
SOLID WASTE
The proposed amendment site will be served by Waste Management for solid waste disposal service. Waste Management collects and transports the City’s solid waste to the Monarch Hill landfill, which has a capacity of 41,096 tons per day (tpd) and a demand of 4,110 tpd, with 36,986 tpd available. The amendment will result in a net decrease in demand of 0.84 tpd. Planning Council staff utilized a level of service of 4 pounds (lbs.) per 100 square feet per day for commerce uses and 8.9 lbs. per dwelling unit per day for residential uses. Sufficient solid waste capacity will be available to serve the proposed amendment site.
DRAINAGE
The proposed amendment site is located within the jurisdiction of the Broward County Environmental Protection and Growth Management Department (EPGMD). A surface water management permit from EPGMD may be required prior to any construction.
PARKS AND OPEN SPACE
The City of Pompano Beach has 643 acres in its parks and open space inventory. The projected 2045 population (139,760) requires approximately 419.28 acres to meet the community parks acreage requirement of 3 acres per one thousand persons population. The proposed amendment will result in a net increase of 2.4 acres on the projected demand for local parks. The City of Pompano Beach continues to meet the community parks acreage requirement of the Broward County Land Use Plan of 3 acres per one thousand persons population. ATTACHMENT 2
TRAFFIC ANALYSIS PC 21-6
Prepared: March 10, 2021
INTRODUCTORY INFORMATION
Jurisdiction: City of Pompano Beach
Size: Approximately 12.1 acres
TRIPS ANALYSIS
Potential Trips - Current Land Use Designation
Current Designation: Commerce
Potential Development: 121,000 square feet of commercial use
Trip Generation Rate: “ITE Equation (820) Shopping Center”*
Total P.M. Peak Hour Trips: 647 peak hour trips
Potential Trips - Proposed Land Use Designation
Proposed Designation: Irregular (29.5) Residential
Potential Development: 356 dwelling units
Trip Generation Rate: “ITE Equation (221) Multifamily Housing (Mid-Rise)”
Total P.M. Peak Hour Trips: 157 peak hour trips
Net P.M. Peak Hour Trips -490 peak hour trips
PLANNING COMMENTS
The proposed amendment is projected to decrease traffic on the regional roadway network by approximately 490 p.m. peak hour trips at the long-range planning horizon.
*Institute of Transportation Engineers (ITE) traffic generation equations from “Trip Generation Manual - Tenth Edition,” the professionally accepted methodology for estimating the number of vehicle trips likely to be generated by a particular land use. ATTACHMENT 3
Transportation Department TRANSIT DIVISION- Service and Capital Planning 1 N. University Drive, Suite 3100A • Plantation, Florida 33324 • 954-357-8300 • FAX 954-357-8382
VIA EMAIL
March 31, 2021
Julie Bernal Planner Trainee Broward County Planning Council 115 South Andrews Ave, Room 307 Fort Lauderdale, FL 33301
RE: PC 21-6 – Pompano Citi Center
Dear Ms. Bernal:
Broward County Transit (BCT) has reviewed your correspondence dated March 16, 2021, regarding the Pompano Citi Center Land Use Plan Amendment (LUPA) located in the City of Pompano Beach for current and planned transit service. The current transit service provided within a quarter mile of the amendment site includes BCT fixed routes 10, 11, 83 Hillsboro Beach Route, Lighthouse Point Route, and the City of Pompano Beach Green and Orange Routes. Please refer to the following table for detailed information.
BUS DAYS OF SERVICE SPAN SERVICE ROUTE SERVICE A.M. – P.M FREQUENCY Weekday 5:10a – 11:22p 27 minutes BCT 10 Saturday 5:10a – 11:22p 30 minutes Sunday 8:20a – 9:35p 41 minutes Weekday 5:00a – 11:21p 45 minutes BCT 11 Saturday 5:00a – 11:21p 45 minutes Sunday 7:00a – 9:23p 57 minutes Weekday 6:15a – 8:57p 42 minutes BCT 83 Saturday 6:15a – 8:57p 42 minutes Sunday 9:00a – 7:46p 60 minutes Hillsboro Beach Weekday 9:00a – 5:50p 60 minutes (BCT 721)
Lighthouse Point 9:00a – 11:56a Weekday 60 minutes (BCT 745) 12:30p – 3:26p Pompano Beach Green Route Weekday 9:00a – 4:52p 68 minutes (BCT 708)
Broward County Board of County Commissioners Mark D. Bogen • Lamar P. Fisher • Beam Furr • Steve Geller • Dale V.C. Holness • Nan H. Rich • Tim Ryan • Barbara Sharief • Michael Udine www.broward.org
Transportation Department TRANSIT DIVISION- Service and Capital Planning 1 N. University Drive, Suite 3100A • Plantation, Florida 33324 • 954-357-8300 • FAX 954-357-8382
BUS DAYS OF SERVICE SPAN SERVICE ROUTE SERVICE A.M. – P.M FREQUENCY Pompano Beach Orange Route Weekday 9:00a – 4:57p 68 minutes (BCT 706)
As part of the 30 year Mobility Advancement Program, BCT plans to implement several fixed route bus improvements, including shorter headways and increased span of service to better meet passenger needs. Rapid Bus service via Federal Highway (US 1), between Sample Road and Aventura Mall, are currently prioritized for study as part of a countywide Transit Systems Plan.
Please be advised that capital improvements to existing or future bus stops located adjacent or within the amendment site will be addressed during the project’s development review process: - BCT Bus Stop ID # 4278 - BCT Bus Stop ID # 4279 - BCT Bus Stop ID # 5524
BCT has adequate capacity for current and planned services to meet additional service demand as described in this proposed LUPA. BCT recommends that any proposed (re)development on the amendment site be designed to provide safe movement for pedestrians and bicycles including transit connectivity between the existing sidewalk / bicycle network and proposed future bus stops.
Please feel free to call me at 954-357-8387 or email me at [email protected] if you require any additional information or clarification on this matter.
Sincerely, Diego B. Munoz
Diego B. Munoz Planner Service and Strategic Planning
Broward County Board of County Commissioners Mark D. Bogen • Lamar P. Fisher • Beam Furr • Steve Geller • Dale V.C. Holness • Nan H. Rich • Tim Ryan • Barbara Sharief • Michael Udine www.broward.org
The School Board of Broward County, Florida SCHOOL CONSISTENCY REVIEW REPORT LAND USE SBBC-2856-2020 County No: PC 21-6 4/13/2021 Pompano City Center
April 9, 2021 10:08:36 AM ATTACHMENT 4
Growth Management Facility Planning and Real Estate Department 600 SE 3rd Avenue, 8th Floor Fort Lauderdale, Florida 33301 Tel: (754) 321-2177 Fax: (754) 321-2179 www.browardschools.com SCHOOL CONSISTENCY REVIEW REPORT - LAND USE PROJECT INFORMATION IMPACT OF PROPOSED CHANGE PROPERTY INFORMATION
Units Units Existing Land Use: Commercial Date: April 9, 2021 Permitted 0 Proposed 356 10:08:36 AM Name: Pompano City Center Proposed Land Use: Irregular 29.5 NET CHANGE (UNITS): 356 Residential SBBC-2856-2020 SBBC Project Number: Students Permitted Proposed NET CHANGE Current Zoning B-3/PCD County Project Number: PC 21-6 Elem 0 8 8 Proposed Zoning: rm-30 Municipality Project Number: TBD Mid 0 7 7 Section: 25 Owner/Developer: Burdines Real Estate, Inc. High 0 14 14 Township: 48 south Jurisdiction: Pompano Beach Total 0 29 29 Range: 42 east SHORT RANGE - 5-YEAR IMPACT Currently Assigned Schools Gross LOS* Benchmark** Over/Under Classroom Equivalent % of LOS*** Cumulative Capacity Capacity Enrollment LOS Needed to Meet LOS Capacity Reserved Seats Cresthaven Elementary 705 776 515 -261 -14 66.4% Crystal Lake Community Middle 1,585 1,585 1,281 -304 -10 80.8% 3 Deerfield Beach High 2,848 2,848 2,394 -454 -7 84.1% 13
Adjusted Over/Under LOS-Adj. % LOS Capacity Projected Enrollment Currently Assigned Schools Benchmark Benchmark Enrollment Adjusted Benchmark 21/22 22/23 23/24 24/25 25/26 Cresthaven Elementary 515 -261 66.4% 522 531 539 512 496 Crystal Lake Community Middle 1,284 -220 81.0% 1,311 1,335 1,368 1,401 1,393 Deerfield Beach High 2,407 -177 84.5% 2,471 2,457 2,443 2,425 2,412
Students generated are based on the student generation rates contained in the currently adopted Broward County Land Development Code. A traditional cohort survival methodology is used to project school-by-school District traditional school enrollment out over the next five years, and a proportional share of charter school enrollment is used to project future charter school enrollment by school level Districtwide. For more information: http://www.broward.k12.fl.us/dsa/EnrollmentProj.shtml. The annual benchmark enrollment is used to apply individual charter school enrollment impacts against school facility review processes. * This number already represents the higher of 100% gross capacity or 110% permanent capacity. ** The first Monday following Labor Day. *** Greater than 100% represents above the adopted Level Of Service (LOS) INFORMATION CONTAINED HEREIN IS CURRENT AS OF THE DATE OF REVIEW
* See comments for additional Impacted Planning Area information School Consistency Review Report - Prepared by the Facility Planning and Real Estate Department - The School Board of Broward County, Florida Page 1 LONG RANGE - TEN-YEAR IMPACT School District's Planning Area Data Aggregate Projected Enrollment Impacted Planning Area Aggregate School Aggregate Aggregate Over/(Under) 25/26 26/27 27/28 28/29 29/30 Capacity Enrollment Enrollment Area 7 - Elementary 17,705 12,096 -5,609 12,034 11,858 11,690 11,527 11,357 Area 7 - Middle 7,885 6,596 -1,289 6,803 6,852 6,881 6,909 6,938 Area 7 - High 11,157 8,657 -2,500 8,546 8,524 8,507 8,493 8,476 * See comments for additional Impacted Planning Area information
CHARTER SCHOOL INFORMATION
2020-21 Contract 2020-21 Benchmark** Projected Enrollment Charter Schools within 2-mile radius Permanent Capacity Enrollment Over/(Under) 21/22 22/23 23/24 Somerset Pines Academy 500 440 -60 440 440 440
Students generated are based on the student generation rates contained in the currently adopted Broward County Land Development Code. A traditional cohort survival methodology is used to project school-by-school District traditional school enrollment out over the next five years, and a proportional share of charter school enrollment is used to project future charter school enrollment by school level Districtwide. For more information: http://www.broward.k12.fl.us/dsa/EnrollmentProj.shtml. The annual benchmark school enrollment is used to apply individual charter school enrollment impacts against school facility review processes.
**The first Monday following Labor Day INFORMATION CONTAINED HEREIN IS CURRENT AS OF THE DATE OF REVIEW * See comments for additional Impacted Planning Area information School Consistency Review Report - Prepared by the Facility Planning and Real Estate Department - The School Board of Broward County, Florida Page 2 PLANNED AND FUNDED CAPACITY ADDITION IN THE ADOPTED DISTRICT EDUCATIONAL FACILITIES PLAN (Years 1 - 5)
School(s) Description of Capacity Additions Cresthaven Elementary There are no capacity additions scheduled in the ADEFP that will increase the reflected FISH capacity of the school. Crystal Lake Community Middle There are no capacity additions scheduled in the ADEFP that will increase the reflected FISH capacity of the school. Deerfield Beach High There are no capacity additions scheduled in the ADEFP that will increase the reflected FISH capacity of the school.
PLANNED CAPACITY ADDITION IN THE ADOPTED DISTRICT EDUCATIONAL FACILITIES PLAN (Years 6 - 10) Capacity Additions for Planning Area 7 School Level Comments
Elementary None
Middle None
High None
INFORMATION CONTAINED HEREIN IS CURRENT AS OF THE DATE OF REVIEW
* See comments for additional Impacted Planning Area information School Consistency Review Report - Prepared by the Facility Planning and Real Estate Department - The School Board of Broward County, Florida Page 3 Comments Information contained in the application indicates that the approximately 12-acre site is generally located south of East Copans Road between North Dixie Highway and North Federal Highway in the City of Pompano Beach. The current land use designation for the site is Commercial, which allows no residential units. The applicant proposes to change the land use designation to Irregular (29.5) Residential to allow 356 mid-rise units (all two or more bedroom), which are anticipated to generate 29 additional students (8 elementary, 7 middle, and 14 high) into Broward County Public Schools.
This application was reviewed based on its location in the School District’s Long Range Seven Planning Areas, and Ten-Year Long Range Plan contained in the Adopted District Educational Facilities Plan (DEFP). However, the statistical data regarding the Level of Service (LOS) standard status of the actual schools impacted by this land use application in the initial five years of the ten-year period is depicted herein for informational purposes only.
Schools serving the amendment site in the 2020-21 school year are Cresthaven Elementary, Crystal Lake Middle, and Deerfield Beach High. Based on the District's Public School Concurrency Planning Document, all the schools are operating below the adopted LOS of the higher of 100% gross capacities or 110% permanent capacities in the 2020-21 school year. Incorporating the cumulative students anticipated from approved and vested developments anticipated to be built within the next three years (2020 -21 – 2022-23), all the schools are expected to operate below the adopted LOS of the higher of 100% gross capacities or 110% permanent capacities through the 2022-23 school year. It should be noted that the school capacity or Florida Inventory of School Houses (FISH) for the impacted schools reflects compliance with the class size constitutional amendment and the permanent capacity additions that are planned for the schools within the first three years of the Five-Year Adopted DEFP, FY 2020-21 – 2024-25. In addition, to ensure maximum utilization of the impacted Concurrency Service Areas, the Board may utilize other options such as school boundary changes to accommodate students generated from developments in the County. Charter school located within a two-mile radius of the subject site in the 2020-21 school year is depicted herein.
Capital Improvements scheduled in the long-range section (2025-26 to 2029-30) of the currently Adopted DEFP Fiscal Years 2020-21 – 2024-25 regarding pertinent impacted schools are depicted above. Based on the School District’s Seven Long Range Planning Areas, the amendment site is located within School District Planning Area “7” and the elementary, middle, and high schools currently serving Planning Area “7” and their cumulative student enrollments, cumulative capacities, and pertinent student enrollment projections are depicted herein. Therefore, Planning Area “7” is anticipated to have sufficient excess capacity to support the students generated by the residential units proposed in the Planning Area.
Please be advised that if approved, the units from this project will be subject to a public school concurrency review at the plat, site plan (or functional equivalent) phase of development review, whichever comes first.
INFORMATION CONTAINED HEREIN IS CURRENT AS OF THE DATE OF REVIEW
* See comments for additional Impacted Planning Area information School Consistency Review Report - Prepared by the Facility Planning and Real Estate Department - The School Board of Broward County, Florida Page 4 The School Board of Broward County, Florida SCHOOL CONSISTENCY REVIEW REPORT PROJECT NUMBER: SBBC-2856-2020
Reviewed By:
April 09, 2021
Date Signature
Mohammed Rasheduzzaman, AICP Name
Planner Title
* See comments for additional Impacted Planning Area information School Consistency Review Report - Prepared by the Facility Planning and Real Estate Department - The School Board of Broward County, Florida Page 5 ATTACHMENT 5
EP&GMD COMMENTS 4/13/2021 PC 21-6 Page 1
ENVIRONMENTAL PROTECTION & GROWTH MANAGEMENT DEPARTMENT REVIEW AND COMMENTS ON PROPOSED BROWARD COUNTY LAND USE PLAN MAP AMENDMENT
For: Broward County Planning Council
Applicant/Agent: The Morgan Group/ Dennis D. Mele, Esq., Greenspoon Marder, LLP
Amendment No.: PC 21-6
Jurisdiction: Pompano Beach
Size: Approximately 12.1 acres
Existing Use: Retail, municipal complex, educational facilities and parks
Current Land Use Designation: 12.1 acres of Commerce (Commercial in Pompano Beach)
Proposed Land Use Designation: Irregular (29.5) Residential
Estimated Effect: Addition of 356 dwelling units Zero (0) dwelling units currently permitted by County Land Use Plan Reduction of 12.1 acres of commerce use
Location: In Section 25, Township 48 South, Range 42 East; generally located on the south side of Copans Road, between Federal Highway/U.S. 1 and Northeast 12 Terrace.
ANALYSIS AND FINDINGS:
ENVIRONMENTAL ENGINEERING AND PERMITTING DIVISION
Wetlands - [CP Policies 7.5.9, 7.5.11, 13.8.1, 13.8.2, 13.8.3, 13.8.5, 13.8.6, 13.9.3, 13.9.4, 13.9.6, 13.10.1, 13.10.3, 13.10.4; BCLUP Policies 2.22.1, 2.22.2] Review of available information by staff of the Water and Environmental Licensing Section of the Broward County Environmental Engineering and Permitting Division determined that, at this time, there are no indications of wetlands within the boundaries of the plat.
Upland Resources (including Tree Preservation and Greenways) - [CP Policies 13.6.11, 13.6.13, 13.6.14; BCLUP Policies 2.20.17] EP&GMD COMMENTS PC 21-6 Page 2
Review of aerial photographs indicates that the subject site contains mature tree canopy. Development of the site must comply with the tree preservation regulations of the City of Pompano Beach. The applicant is required to minimize the number of trees to be removed by incorporating suitable existing trees in the site plan design. If trees cannot be incorporated into the site plan in their current location, the applicant is required to relocate suitable trees. Any trees permitted for removal must be replaced. If the above requirements are adhered to, the proposed land use plan amendment is not expected to have a negative impact on upland resources.
Air Quality - [CP Policy 13.1.15, BCLUP Policy 2.25.1] The preliminary traffic analysis indicates that the proposed amendment would result in a decrease by 490 PM peak hour trips per day compared to trips associated with the current designation. Based upon the trips generated and the projected level of service on surrounding roadways, an amendment to the proposed land use designation can reasonably be assumed to have a minimal impact on air quality.
Based on the Broward County Roadway Capacity and Level of Service Analysis 2017 and 2040, the current level of service rating on all roadways is currently degraded and the long-term traffic impact on the level of service rating will continue to decline in 20 years. There are no Air State Permitted facilities within half a mile of the amendment site. Therefore, there are no existing or potential odor or noise concerns. (MO 3/30/2021)
Contaminated Sites - [CP Policies 13.2.1, 13.2.6, 13.2.7; BCLUP Policies] The list of known contaminated sites (from EPGMD’s GIS Database of Contaminated Locations in Broward County) has been reviewed. Two (2) listed contaminated sites were found within the proposed amendment location. See attached map and database for further information as it relates to the land use amendment site.
The subject application is within one-quarter mile of known contaminated sites. Section 27-353, Broward County Code, prohibits dewatering at or within one-quarter mile of contaminated sites without approval from the Environmental Engineering and Permitting Division (EEPD). In order to receive approval to dewater, a certified Dewatering Plan must be submitted in accordance with EEPD’s Standard Operating Procedure for Dewatering, which can be found at https://www.broward.org/Environment/ContaminatedSites/Pages/Dewatering.aspx. The interactive map of contaminated sites in Broward County can be found on the internet at https://www.broward.org/Environment/ContaminatedSites/Pages/Default.aspx. Any questions can be directed to (954) 519-1483 or [email protected]. (MO 3/30/2021)
Solid Waste - [CP Policies 6.1.2, 6.1.3, 6.2.6, 6.2.7, 13.2.7; BCLUP Policies 2.26.1,2.26.2,2.26.3, 2.11.5, 3.4.2, 3.4.3, 2.11.8] There are no active or inactive solid waste facilities located within one mile of the site. (MO 3/30/2021) EP&GMD COMMENTS PC 21-6 Page 3
ENVIRONMENTAL AND CONSUMER PROTECTION DIVISION
Wellfield Protection - [CP Policies 4.2.10, 4.4.13, 6.2.6, 6.2.7, 7.5.2, 7.5.3, 7.5.4, 13.2.2, 13.3.3, WM3.6, WM3.18; BCLUP Policies 2.26.1, 2.26.2, 2.26.3, 2.11.5] The proposed amendment site is not currently within a wellfield zone of influence. No special restrictions apply under Broward County's Wellfield Protection regulations. (VM 03/31/2021)
SARA TITLE III (Community Right to Know) - [CP Policy 13.2.7, WM3.18;]; BCLUP Policies 6.2.6] The list of known SARA Title III Facilities in Broward County has been reviewed. There are two (2) SARA Title III Facilities on, adjacent to, or within ¼ mile of the proposed amendment site. These are: 1) City of Pompano Beach, Effluent Treatment – 1799 N Federal Hwy, Pompano Beach, 33062; and 2) City of Pompano Beach Mun. Golf Course – 1401 N Federal Hwy, Pompano Beach, 33062. (VM 03/31/2021)
Hazardous Material Facilities - [CP Policies 13.2.1, 13.2.6, 13.2.7, WM3.18; BCLUP Policies 6.2.6] The list of known hazardous material facilities and storage tank facilities (from ECPD’s GIS Database of hazardous material facilities in Broward County) has been reviewed. There are three (3) known hazardous material/storage tank facilities on, adjacent to, or within ¼ mile of the amendment site (2 of which are SARA Title III facilities). Of the three (3) facilities, two (2) are hazardous material facilities, and one (1) is a facility that has both hazardous materials and storage tanks. (VM 03/31/2021)
ENVIRONMENTAL PLANNING & COMMUNITY RESILIENCE DIVISION:
Specially Designated Areas - [ CP policies 13.6.1, 13.6.4, 13.6.6, 13.6.7, 13.6.9, 13.6.10, 13.7.2, 13.7.5; BCLUP Policies 2.23.1, 2.23.2, 2.23.3, 3.3.9, 3.3.10] County specially designated areas, e.g. Natural Resource Areas, Native Vegetative Communities Category Local Areas of Particular Concern, Urban Wilderness Inventory sites, do not exist within the boundaries of the proposed amendment site.
Protected Natural Lands – The project site is not included, nor is it adjacent to any site in the Protected Natural Lands Inventory. The Protected Natural Lands Inventory is a comprehensive database of public and private native vegetative communities that have been protected through acquisition or regulatory mechanisms and are managed for conservation purposes. The Inventory provides information regarding the ownership and management for each of the Protected Natural Lands and may be accessed at: http://www.broward.org/NaturalResources/LandStewardship/Pages/NaturalLands.aspx
Marine and Riverine Resources - [CP Policies 7.5.10, 13.2.3, 13.5.3, 13.7.6, 13.7.8; BCLUP Policies 3.3.4, 2.11.6, 2.27.1, 2.27.2, 2.27.3, 2.11.7, 3.3.12, 2.27.4, 2.24.2] The proposed land use designation EP&GMD COMMENTS PC 21-6 Page 4 is not expected to have an impact on marine or riverine resources. Impacts to resources require review and licensing under Article XI of Chapter 27, Broward County Code of Ordinances.
Priority Planning Areas for Sea Level Rise – [CP Policies 19.2.2, 19.3.7, 19.3.12, 19.3.13; BCLUP Policies 2.21.1, 2.21.2, 2.21.3, 2.21.5]
The Priority Planning Areas for Sea Level Rise Map identifies areas that are at increased risk of flooding due to, or exacerbated by, sea level rise by the year 2060. In review of land use plan amendments, the County requires the applicant to demonstrate that the project will not increase saltwater intrusion or areawide flooding, not adversely affect groundwater quality or environmentally sensitive lands, and that subsequent development will be served by adequate stormwater management and drainage facilities.
The County also strongly discourages those amendments which would place additional residential and non-residential development at risk of flooding from sea level rise. The County will take into consideration sea level rise and flood protection mitigation strategies and requirements included within the city’s local comprehensive plans and/or development regulations, or improvements committed to by the applicant which would mitigate or enhance flood protection and adaptation from rising sea levels.
While the County encourages applicants to consider these and other impacts from climate change during the site planning process, the proposed amendment site does not contain, fall within, or overlap with an area for planning consideration, as indicated on the Priority Planning Areas for Sea Level Rise Map. Therefore, Policies A.03.05, 9.07.02, and 9.09.04 do not apply to the review of this project.
NatureScape Program – [CP Policies 4.4.8, 13.3.5, 13.3.7, 19.4.11; BCLUP 2.20.14] – NatureScape is about creating Florida-friendly landscapes that conserve water, protect water quality, and create wildlife habitat. Development of the proposed amendment site should be coordinated with the NatureScape Broward Program for guidance in development of any related landscaping plans. Information regarding Naturescape can be accessed at: http://www.broward.org/NatureScape/Pages/Default.aspx
Surface Water Management - [CP Policies 7.4.2, 7.4.3, 7.5.2, 7.5.9, 13.2.4, 13.3.12; BCLUP Policies 2.24.1, 2.24.2, 2.21.5] The proposed amendment site is located within the jurisdiction of the South Florida Water Management District (SFWMD) and Broward County. Development within the site will be required to meet the drainage standards of Broward County and the South Florida Water Management District. Successful compliance with the criteria established should result in reducing the potential danger from flooding and maintaining the quality of surface waters. A surface water management permit may be needed prior to any construction on the site.
EP&GMD COMMENTS PC 21-6 Page 5
Tracts within the proposed amendment site are located within the Federal Emergency Management Agency (FEMA) flood insurance zone AH with a NAVD88 elevation of 11 feet and portions fall into zone X-Below 500 Year flood plain; flood insurance rate zones that correspond to areas of shallow flooding with average depths between 1 and 3 feet, and flood zone X-Below 500 Year flood plain, flood insurance rate zones that are outside the flood plain or the average flood depths of less than 1 foot.
Water Recharge - [CP Policies 7.4.3, 7.5.2, 7.5.3, 7.5.4, 7.5.7, 7.5.9, 7.5.11, 7.5.12, 13.3.12, 13.3.13; BCLUP Policies 2.26.1]
The proposed land use designation would involve a major percentage of impervious area. The development resulting from the proposed land use designation would result in a net increase in the volume of water available for recharge due to a decrease in recharge area. The change in recharge capacity resulting from development under the proposed designation would be minor.
This impact level is determined by factoring the size of the site with the percent change of impervious area from the current designation to the proposed designation.
Please see attached Water Recharge Questionnaire.
Broward County Land Use Plan Proposed Amendment PC 21-6
NE 23rd Ct
E Copans Rd E Co pan s Rd
ABC Fine Wine J Mark's AVIS & Spirits Wendy's
Macy's
Big Lots
JCPenney
Pompano Citi
Pompano Sq Centre
Lowe's
Po mpa
no Sq FDOR and Broward Co PA, State of Florida, Maxar, Microsoft, Esri Community Maps Contributors, FDEP, Esri, HERE, Garmin, SafeGraph, INCREMENT P, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA
Proposed Land Use Plan Amendment ² Priority Planning Areas for Sea Level Rise near tidal water bodies at an 0 300 increased risk of inundation under a 40 inch sea level rise scenario projected to occur by 2070 Feet (Priority Planning Areas do not fall within LUA PC21-6) 4/13/2021 BROWARD COUNTY PLANNING COUNCIL
WATER RECHARGE QUESTIONNAIRE
as completed by
ENVIRONMENTAL PROTECTION & GROWTH MANAGEMENT DEPARTMENT
I. Introductory Information
A. Amendment No.: PC 21-6
B. Municipality: Pompano Beach
C. Applicant: The Morgan Group/ Dennis D. Mele, Esq., Greenspoon Marder, LLP
II. Site Characteristics
A. Size: Approximately 12.1 acres
B. Location: In Section 25, Township 48 South, Range 42 East; generally located on the south side of Copans Road, between Federal Highway/U.S. 1 and Northeast 12 Terrace.
C. Existing Use: Retail, municipal complex, educational facilities and parks
III. Broward County Land Use Plan Designation
Current Land Use Designation: 12.1 acres of Commerce (Commercial in Pompano Beach)
Proposed Land Use Designation: Irregular (29.5) Residential
IV. Water Recharge Review
A. Describe the general impacts of the current land use designation on water recharge:
The current land use designation is Commerce.
A typical value for an impervious area produced by this type of development is approximately 72 percent. Water Recharge Questionnaire PC 21-6
Page 2 of 2
B. Describe the general impacts of the proposed land use designation on water recharge:
The proposed land use designation is Irregular (29.5) Residential. A typical value for an impervious area produced by this type of development is approximately 80 - 85% percent.
V. Impact of Change in Land Use Designation The proposed land use designation would involve a major percentage of impervious area. The development resulting from the proposed land use designation has the potential to result in a net increase in the volume of water available for recharge and a decrease in recharge area. The change in recharge capacity resulting from development under the proposed designation would be minor.
This impact level is determined by factoring the size of the site with the percent change of impervious area from the current designation to the proposed designation.
VI. Comments
If a proposed development has the potential to result in a net increase of volume of water available for recharge due to a decrease in recharge area, it is recommended that mitigating design improvements be considered, which may include the use of curvilinear berms to aid in screening; increased vegetation size and quantity, native species utilization, and preservation of existing significant vegetation to increase the quality of greenspace areas; the use of interlocking paving blocks along pedestrian walkways; and grassed retention basins, swales and rain gardens to aid in the filtration of storm water runoff.
By:______Date ______4/12/21_
Sara Forelle, AICP Environmental Planning and Community Resilience Division
Contaminated Sites Site Number Facility Name Street Address City Zip Code Pollutant Facility Type NF-2795 1990 Associates 2050 N FEDERAL HWY Pompano Beach 33062 Arsenic; Petroleum Gas Station NF-2118 Sears Auto Center #6226 2251 N FEDERAL HWY Pompano Beach 33062 Gasoline Auto Repair Contaminated Sites DEP Facility Active Number 69808955 Y 68626156 Y LUA PC 21-6
Hazardous Materials Facilities within, adjacent to, or in close proximity (.25 miles) of Land Use Amendment Name of Facility Address Type of Facility based on SIC Type of License City of Pompano Beach, Effluent 1799 N Federal Hwy, Pompano Beach, 4952 - Sewerage Systems Hazardous Materials Treatment 33062 City of Pompano Beach Mun. Golf 1401 N Federal Hwy, Pompano Beach, 7992 - Public Golf Courses Hazardous Materials Course 33062 1851 N Federal Hwy, Pompano Beach, 5211 - Lumber and Other Building Hazardous Materials and Storage Lowe's of Pompano Beach #1792 33062 Materials Dealers Tank
EPGMD ECPD 3/31/2021 Page 1 of 1 Land Use Amendment Site: LUA PC 21-6 Urban Broward County *# Location of Land Use Amendment Site *# · *# *# *#
*#*#
Land Use Amendment Map Legend ^_ Sara Title III 302 Facility *# *# Hazardous Materials Facility 0.25 Mile Buffer Proposed Amendment Site Wellfield Zone 1 Wellfield Zone 2 *# Wellfield Zone 3 ^_ Miles 0 0.125 0.25
*# *# Environmental and Consumer Protection Division review of Land ^_ Use Amendments for presence of hazardous materials and # community right to know sites within urban Broward County. * Review includes also the location of Wellfield Protection Zones. The display is generated for location purposes only. Marker (if present) is a visual aid and neither represents exact location nor distance to project site. If data are associated, data are provided "as is". *# The division does not accept responsibility for damages suffered as a result of using, modifying, contributing or distributing the *# · materials. Prepared by: VMEBANE - March 2021 1 inch = 750 feet Environmental and Consumer Protection Division Land Use Amendment Comments Site PC 21-6
F e d e ra l H ig h w a y
0.5 Miles
Legend Generated for location purposes only. Solid Waste Facilities One Mile Buffer Marker size is a visual aid and neither represents exact location nor area of Air State Permitted Facilities Half Mile Buffer designated facility.
Contaminated Sites Quarter Mile Buffer Prepared by: MOSPINA 3/30/2021
Proposed Site Environmental Engineering and Permitting ATTACHMENT 6
4/14/2021
ATTACHMENT 7
Return to: (enclose self-addressed stamped envelope)
Name: Elizabeth Adler, Esq. 6/15/2021 Address: Greenspoon Marder LLP 200 E. Broward Boulevard, Suite 1800 Fort Lauderdale, FL 33301 This Instrument Prepared by: Elizabeth Adler, Esq. Greenspoon Marder LLP 200 E. Broward Boulevard, Suite 1800 Fort Lauderdale, FL 33301 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS ("Declaration") made this _____ of ______, 2021, by MORGAN GROUP DEVELOPMENT LLC, a Texas limited liability company, (“Declarant”), which shall be for the benefit of BROWARD COUNTY, FLORIDA, a political subdivision of the State of Florida (“County”)
WITNESSETH:
WHEREAS, Declarant is the fee simple owner of land located in the City of Pompano Beach, Florida (“City”), more particularly described in Exhibit "A" ("Property"); and
WHEREAS, Declarant made applications to the City and the County Planning Council requesting that the land use plan designation on the Property be changed from Commercial on the City Land Use Plan and Commerce on the County Land Use Plan to Irregular (29.5) Residential on both the City Land Use Plan and County Land Use Plan in conjunction with redevelopment of the Property (“Project”); and
WHEREAS, the Property is being developed as a rental apartment complex, subject to the affordable housing restrictions set forth in this Declaration. Declarant reserves the right to convert the Property, or a portion thereof, to a condominium or other fee simple ownership structure in the future, subject to the affordable housing restrictions as set forth in this Declaration (a “Conversion”); and
WHEREAS, in connection with the Project, Declarant has voluntarily agreed to place certain restrictions on the development of the Property as set forth below in favor of the County and the City; and
WHEREAS, Declarant agrees to make certain provisions for affordable housing for the period of time provided herein. NOW, THEREFORE, in consideration of the foregoing premises and the promises and covenants herein contained, Declarant hereby declares that the Property shall be subject to the covenants, restrictions, and regulations hereinafter set forth, all of which shall run with the land and which shall be binding upon all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns.
1. Recitations. The recitals set forth above are true and correct and are incorporated into this Declaration by this reference.
2. Covenants. Declarant hereby declares the following:
Fifteen (15) percent of the residential units to be constructed on the Property (as set forth on the final site plan approved by the City) shall be affordable moderate income units as defined in the County Comprehensive Plan, and as further restricted by this Declaration (“Affordable Housing Units”). If fifteen (15) percent of the actual residential units to be constructed on the Property does not yield a whole number of Affordable Housing Units, the partial of Affordable Housing Units yielded shall be rounded up to the next whole number.
3. Affordable Housing Units Offered For Sale. In the event of a Conversion, Declarant hereby declares all Affordable Housing Units offered for sale shall be purchased in accordance with the following:
(a) All Affordable Housing Units constructed on the Property shall be used solely as each owner's principal residence and shall be used solely for residential purposes. No Affordable Housing Unit may be used for any non-residential purpose, other than home offices when permitted by applicable zoning regulations; and
(b) All Affordable Housing Units shall be purchased solely by persons who meet the following criteria at the time of purchase of an Affordable Housing Unit. "Purchased" shall be defined to mean by sale, inheritance, court order, or other legal method of transfer or acquisition.
1) One or more natural persons or a family, the total annual adjusted gross household income of which does not exceed 120 percent of the median annual adjusted gross income for Broward County, adjusted for family size, shall occupy said Affordable Housing Unit. Said limits to be published annually by Broward County or other appropriate governmental entity designated by Broward County. For the purposes of this provision, the term "adjusted gross income" shall mean all wages, assets, regular cash or noncash contributions or gifts from persons outside the household and such other resources and benefits as may be determined to be income by the United States Department of Housing and Urban Development, adjusted for family size, less deductions allowable under section 62 of the Internal Revenue Code. For the purposes of this provision, the term
"adjusted for family size" means adjusted in a manner which results in an income eligibility level which is lower for households with fewer than four people, or higher for households with more than four people, based upon a formula as established by the United States Department of Housing and Urban Development; and
2) The purchaser of the Affordable Housing Unit shall have monthly mortgage payments (including taxes and insurance) that do not exceed thirty (30) percent of their monthly adjusted gross income; and
3) Excluding government subsidies, the down payment, if any, for the purchase of the Property must not exceed twenty (20) percent of the purchase price; and
4) During the term of this Declaration, as defined herein, every deed of sale or equivalent document transferring title to the Affordable Housing Unit shall include a restriction stating as follows:
This property is to be sold and occupied as an “Affordable Housing Unit,” in accordance with the Declaration of Restrictive Covenants recorded in the Official Records of Broward County at O.R. Book ______, Page______.
5) Prior to any transfer of title or closing on a purchase of an Affordable Housing Unit, each purchaser shall request written certification that the criteria in (b) 1), 2), and 3) above have been satisfied from the City or from an agent designated by the City for the purpose of providing such certifications. Purchaser shall not be required to comply with this provision if the City does not approve or deny the request within thirty (30) days of purchaser's request.
4. Affordable Housing Units Offered For Rent. Declarant hereby declares all Affordable Housing Units offered for rent shall be rented in accordance with the following:
(a) All Affordable Housing Units constructed on the Property shall be used solely as each renter's principal residence and shall be used solely for residential purposes. No Affordable Housing Unit may be used for any non-residential purpose, other than home offices when permitted by applicable zoning regulations; and
(b) All Affordable Housing Units shall be rented solely by persons who meet the following criteria at the time of lease:
1) One or more natural persons or a family, the total annual adjusted gross household income of which does not exceed 120 percent of the median annual adjusted gross income for Broward County, adjusted for family size, shall occupy said Affordable Housing Unit. Said limits to be published annually by Broward County or other appropriate governmental entity designated by Broward County. For the purposes of this provision, the term "adjusted gross income" shall mean all wages, assets, regular cash or noncash contributions or gifts from persons outside the household and such other resources and benefits as may be determined to be income by the United States Department of Housing and Urban Development, adjusted for family size, less deductions allowable under section 62 of the Internal Revenue Code. For the purposes of this provision, the term "adjusted for family size" means adjusted in a manner which results in an income eligibility level which is lower for households with fewer than four people, or higher for households with more than four people, based upon a formula as established by the United States Department of Housing and Urban Development; and
2) The renter of an Affordable Housing Unit shall have monthly rental payments (including taxes and insurance) that do not exceed thirty (30) percent of their monthly adjusted gross income.
(c) On an annual basis, beginning no later than 12 months after the effective date of this Declaration, the owner of an Affordable Housing Unit offered for rent shall request written certification that the criteria in 4(b) has been satisfied from the City or from an agent designated by the City for the purpose of providing such certifications. Said owner of an Affordable Housing Unit offered for rent shall not be required to comply with this provision if the City does not approve or deny the request within thirty (30) days of said owner's request.
5. Amendments. Except as otherwise provided herein, this Declaration shall not be modified, amended or released as to any portion of the Property except by written instrument, executed by the then owner or owners(s) of the portion of the Property affected by such modification, amendment, or release and approved in writing by the County Commission and City. The appropriate governmental authority of the County and City shall execute a written instrument effectuating and acknowledging such modification, amendment or release. Any amendment, modification or release of this Declaration shall be recorded in the Public Records of Broward County, Florida, at the then owner’s sole expense. No amendment to this Declaration shall be necessary in the event of a Conversion (as may occur from time to time).
6. Recordation and Effective Date.
(a) This Declaration shall not become effective ("Effective Date") until the later of (i) Final Approval and (ii) recordation amongst the Public Records of Broward County, Florida. As used herein, "Final Approval" shall mean final approval and adoption of the City plan amendment application and the County plan amendment application, and the expiration of any appeal periods applicable thereto without an appeal having been taken or, if taken, when finally dismissed with no further appeal permitted.
(b) Once recorded, this Declaration shall run with the Property for the sole benefit of the City and the County and does not operate as a restriction in favor of any Property owner, and shall bind all successors and assigns to the title of the Property.
(c) From and after such time as any Affordable Housing Unit is conveyed by Declarant to a third party purchaser, following a Conversion, Declarant shall have no further obligations under this Declaration with respect to that particular Affordable Housing Unit and such third party purchaser shall be obligated to comply with all of the provisions of this Declaration with respect to said Affordable Housing Unit.
7. Severability. If any court of competent jurisdiction shall declare any section, paragraph or part of this Declaration invalid or unenforceable, then such judgment or decree shall have no effect on the enforcement or validity of any other section, paragraph or part hereof, and the same shall remain in full force and effect.
8. Captions, Headings and Titles. Articles and paragraph captions, headings and titles inserted throughout this Declaration are intended as a matter of convenience only and in no way shall such captions, headings or titles define, limit or in any way affect the subject matter or any of the terms and provisions thereunder or the terms and provisions of this Declaration.
9. Context. Whenever the context requires or admits, any pronoun used herein may be deemed to mean the corresponding masculine, feminine or neuter form thereof, and the singular form of any nouns or pronouns herein may be deemed to mean the corresponding plural form thereof and vice versa.
10. Term. Release and Termination. The restrictions, covenants, rights and privileges granted, made and conveyed herein ("Affordable Housing Restrictions") shall be valid for a period of thirty (30) years from the Effective Date (“Term”); thereafter the Affordable Housing Restrictions shall be of no further force and effect and shall automatically terminate without the consent of the City or the County, or the necessity to record any instrument in the Public Records of Broward County, Florida.
11. Remedies for Violation. In the event the Declarant, its successors or assigns, violate any of the covenants and restrictions contained herein, Declarant hereby acknowledges and agrees that the County and/or City, as applicable, may withhold further permits and approvals with respect to the Property. The City and the County are the beneficiaries of these covenants and restrictions, and as such, the City and the County may enforce these covenants and restrictions by action at law or in equity, including without limitation, a decree of specific performance or mandatory or prohibitory injunction, against any person or persons, entity or entities, violating or attempting to violate the terms of these covenants and restrictions.
12. Waiver, Applicable Law, and Venue. Any failure of the City or the County to enforce these restrictive covenants shall not be deemed a waiver of the right to do so thereafter. This document shall be construed in accordance with the laws of Florida and venue shall be Broward County, Florida.
IN WITNESS WHEREOF, Declarant has executed this Declaration on the day first above written MORGAN GROUP DEVELOPMENT LLC, a Texas limited liability company
By: Printed Name:
Printed Name:
STATE OF ) ) SS COUNTY OF ______)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, by ______, as ______of MORGAN GROUP DEVELOPMENT LLC, a Texas limited liability company, who is personally known to me or who has produced ______as identification.
WITNESS my hand and official seal in the County and State last aforesaid this ____ day of ______, 2021.
Notary Public
Typed, printed or stamped name of Notary Public
My Commission Expires: Mortgagee Consent:
Mortgagee, being the holder of a mortgage to the parcels(s) described in Exhibit “A” hereby consents and joins in for the purpose of agreeing that its mortgage shall be subordinated to the foregoing Declaration.
WITNESSES: ______By:______Signature Name:______Title:______Print Name Date: Signature
Print Name
STATE OF ______) ) SS: COUNTY OF ______)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization,______, the ______of ______, freely and voluntarily under authority duly vested in him/her by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. He/she is personally known to me or who has produced ______as identification.
WITNESS my hand and official seal in the County and State last aforesaid this ____ day of ______, 2021. ______Notary Public
______Typed, printed or stamped name of Notary Public
My Commission Expires: EXHIBIT A LEGAL DESCRIPTION PROPERTY ATTACHMENT 8.A.
From: Bernal, Julie Sent: Wednesday, April 7, 2021 4:48 PM To: Dennis Mele Cc: 'Cynthia Pasch' Subject: FW: Land Use Plan Amendment - PC 21-6
Julie,
I have carefully reviewed Land Use Amendment Plan proposed for the property located adjacent to the Pompano Beach Airpark on the Pompano Citi‐Centre. I have some concerns regarding the proximity of this proposed development to the Airpark’s operating environment, especially Runway 6/24. The proposed development will be subject to airport noise as well as aircraft overflights. The proposed development will need to be reviewed by the FAA to ensure that the buildings/structures do not penetrate any of the airports approach surfaces that may create obstruction hazards. The FAA will want to ensure that if the development is in compliance with their airspace requirements, they may seek the developer to grant an avigation easement to the City (Airpark) over the property to mitigate any potential noise complaints and/or safety concerns. If you need additional information please let me know. Thank you.
1 ATTACHMENT 8.B.
From: Steve Rocco
Ms. Von Stetina:
I have reviewed the Declarations of Restrictive Covenants provided and have a couple of comments. I noted that on page 2 paragraph 2 there is a statement that reads: 2. Covenants. Declarant declares the following:
a. City of Pompano Beach Airpark. The declarant will submit the required Notice of Proposed Construction or Alteration (FAA Form 7460‐1) to the Federal Aviation Administration (FAA) prior to the issuance of a building permit for a residential dwelling unit on the property. If required by FAA, Declarant shall provide written notification of the proximity of the property to the City Airpark in any leases or deeds for residential units built on the property” . As part of the FAA 7460‐1 review process the FAA is mostly interested in determining if the proposed development will affect or impede the airspace above and around the airport. It has been my experience the FAA most likely will not require the developer/declarant to provide any written notification to any lessees or property owners that there is an airport close by. I believe that It would be beneficial to the City “Airpark” to mandate that any lessee or property owner of each individual unit be notified (made aware) that there is the potential to experience aircraft operations and associated noise from said aircraft over there units. You may want to include an Avigation Easement granting aircraft the right to overfly these units. I am not an attorney so I do not know the specific language that is required in an avigation easement. I am completely in favor of the proposed development and believe that this will be a wonderful enhancement for the City. However, my main concern is when this project is completed and people have moved in and start to experience the aircraft activity over their homes they will call the Airpark Manager to complain about the noise and there concern about safety. They usually want something to be done about it. As the Airpark Manager I have limited ability to control aircraft activity and airspace. The FAA establishes regulations pertaining to airspace and they have sole control. I hope this clarifies my concerns regarding this proposed development. If you have any questions or require additional information please let me know.
1 ATTACHMENT 9 BROWARDNEXT - BROWARD COUNTY LAND USE PLAN PROXIMITY OF SITE TO POMPANO BEACH AIRPARK AMENDMENT PC 21-6
COPANS ROAD
FEDERAL HIGHWAY POMPANO BEACH AIRPARK
800 400 0 800 Feet E ATTACHMENT 10
Return to: (enclose self-addressed stamped envelope) 6/14/2021 Name: Elizabeth Adler, Esq.
Address: Greenspoon Marder LLP 200 E. Broward Boulevard, Suite 1800 Fort Lauderdale, FL 33301 This Instrument Prepared by: Elizabeth Adler, Esq. Greenspoon Marder LLP 200 E. Broward Boulevard, Suite 1800 Fort Lauderdale, FL 33301 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA
DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS ("Covenant") made this _____ of ______, 2021, by, MORGAN GROUP DEVELOPMENT LLC, a Texas limited liability company ("Declarant”), which shall be for the benefit of BROWARD COUNTY, FLORIDA, a political subdivision of the State of Florida (“County”).
WITNESSETH:
WHEREAS, the real property subject to this Covenant is that land located in the City of Pompano Beach, Florida (“City”), more particularly described in Exhibit "A" ("Property"); and
WHEREAS, Declarant made an application to the City and County to amend the City and County land use plans to designate the Property as Irregular (29.5) Residential (collectively “Application”); and
WHEREAS, in connection with the Application to amend the City and County land use plans, Declarant has agreed to place certain restrictions on the development of the Property as set forth below in favor of the County.
NOW, THEREFORE, in consideration of the foregoing premises and the covenants herein contained, Declarant hereby declares that the Property shall be subject to the covenants, restrictions, and regulations hereinafter set forth, all of which shall run with the land and which shall be binding upon all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns.
1. Recitations. The recitals set forth above are true and correct and are incorporated into this Covenant by this reference.
2. Covenants. Declarant declares the following: a. The Declarant will submit the required Notice of Proposed Construction or Alteration (FAA Form 7460-1) to the Federal Aviation Administration (“FAA”) prior to issuance of a building permit for a residential dwelling unit on the Property. Evidence of said submission shall be provided to County with the application for Development Review Approval; and
b. Declarant sha ll provide written notification of the proximity of the Property to the City Airpark in any leases or deeds for residential units built on the Property.
3. Amendments. Except as otherwise provided herein, this Covenant shall not be modified, amended or released as to any portion of the Property except by written instrument, executed by the then owner or owners(s) of the portion of the Property affected by such modification, amendment, or release and approved in writing by the County Commission.
4. Recordation and Effective Date. This Covenant shall become effective and recorded in the Public Records of Broward County, Florida, upon approval by the County of the requested Application and the expiration of all appeal periods or, if an appeal is filed, the final conclusion of such appeal in a manner that does not materially and adversely affect the County’s approval of the Application (“Effective Date”). Once recorded, this Covenant shall run with the land for the sole benefit of the County and shall bind all successors-in-interest with respect to the Property. This Covenant shall not give rise to any other cause of action by any parties other than the County, and no parties other than the County shall be entitled to enforce this Covenant. Any failure by the County to enforce this Covenant shall not be deemed a waiver of the right to do so thereafter.
5. Severability. If any court of competent jurisdiction shall declare any section, paragraph or part of this Covenant invalid or unenforceable, then such judgment or decree shall have no effect on the enforcement or validity of any other section, paragraph or part hereof, and the same shall remain in full force and effect. The agreed upon venue for any disputes arising hereunder shall be Broward County, Florida.
6. Captions, Headings and Titles. Articles and paragraph captions, headings and titles inserted throughout this Covenant are intended as a matter of convenience only and in no way shall such captions, headings or titles define, limit or in any way affect the subject matter or any of the terms and provisions thereunder or the terms and provisions of this Covenant.
7. Context. Whenever the context requires or admits, any pronoun used herein may be deemed to mean the corresponding masculine, feminine or neuter form thereof, and the singular form of any nouns or pronouns herein may be deemed to mean the corresponding plural form thereof and vice versa.
IN WITNESS WHEREOF, Declarant has executed this Covenant on the day first above written. MORGAN GROUP DEVELOPMENT LLC, a Texas limited liability company
By: Printed Name:
Printed Name:
STATE OF FLORIDA ) ) SS COUNTY OF ______)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, by ______, as ______of MORGAN GROUP DEVELOPMENT LLC, a Texas limited liability company, who is personally known to me or who has produced ______as identification.
WITNESS my hand and official seal in the County and State last aforesaid this ____ day of ______, 2021.
Notary Public
Typed, printed or stamped name of Notary Public
My Commission Expires: Mortgagee Consent:
Mortgagee, being the holder of a mortgage to the parcels(s) described in Exhibit “A” hereby consents and joins in for the purpose of agreeing that its mortgage shall be subordinated to the foregoing Covenant.
WITNESSES: ______By:______Signature Name:______Title:______Print Name Date: Signature
Print Name
STATE OF ______) ) SS: COUNTY OF ______)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization,______, the ______of ______, freely and voluntarily under authority duly vested in him/her by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. He/she is personally known to me or who has produced ______as identification.
WITNESS my hand and official seal in the County and State last aforesaid this ____ day of ______, 2021. ______Notary Public
______Typed, printed or stamped name of Notary Public
My Commission Expires: EXHIBIT A LEGAL DESCRIPTION PROPERTY ATTACHMENT 11
FLORIDA 4/14/2021
PARKS AND RECREATION DIVISION• Administrative Offices 950 N.W. 38'hSt. • Oakland Park, FL 33309-5982 • 954-357-8100 • TTY 954-537-2844 • FAX 954-357-5991 Winner of the National Gold Medal Award for Btcellence in Park and Recreation Management Accredited by the Commission for Accreditation of Park and Recreation Agencies /CAPRA)
MEMORANDUM
April 14, 2021
To: Dawn B. Teetsel, Director of Planning Broward County Planning Council
Thru: �est, Director Parks and Recreation Division
From: Linda Briggs Thompson, Environmental Program Manager r;;er Parks and Recreation Division
Re: Land Use Plan Amendment Comments Proposed Amendment PC 21-6 Pompano Citi Center
Broward County Parks and Recreation Division has reviewed the proposed amendment to the Broward County Land Use Plan for Pompano Citi Center (Pompano Beach) Our comment is as follows:
PC 21-6 No objections to the Land Use Plan Amendment. However, regional park impact fees will be required for the additional 356 dwelling units planned for this project.
If you or your staff has any questions about our comments, please call me at 954-357-8120.
Broward County Board of County Commissioners Mark D. Bogen· Lamar P. Fisher· Beam Furr• Steve Geller• Dale V.C. Holness• Nan H. Rich• Tim Ryan• Barbara Sharief • Michael Udine Broward.erg/Parks • Facebook.com/BrowardCountyParks • Twitter.com/BrowardParks • YouTube.com/BrowardCountyParks ATTACHMENT 12
3/16/2021 Public Works Department – Water and Wastewater Services WATER MANAGEMENT DIVISION 2555 West Copans Road • Pompano Beach Florida 33069 • PHONE: 954-831-0751 • FAX: 954 831-3285
Broward County Planning Council 115 South Andrews Avenue, Room 307 Fort Lauderdale, FL 33301 Attn: Julie Bernal, Planner Trainee Via email to [email protected]
FROM: Susan Juncosa Broward County Water Management Division
SUBJECT: PC 21-6 Pompano Citi Center Land Use Plan Amendment – Drainage Analysis
Dear Ms. Bernal:
The information in the above-captioned land use plan amendment (LUPA) is essentially correct. Our office has no objection to this LUPA.
Sincerely,
Susan Juncosa Natural Resource Specialist Broward County Water Management Division 2555 W. Copans Road, Pompano Beach, FL 33069 Office:(954)-831-0778 E-mail: [email protected]
Broward County Board of County Commissioners Mark D. Bogen • Beam Furr • Steve Geller • Dale V.C. Holness • Chip LaMarca • Nan H. Rich • Tim Ryan • Barbara Sharief • Michael Udine www.broward.org