MINUTES BROWARD COUNTY PLANNING COUNCIL March 27, 2014

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MINUTES BROWARD COUNTY PLANNING COUNCIL March 27, 2014 MEMBERS Anne Castro, Chair PRESENT: Commissioner Bobby DuBose, Vice Chair Commissioner Michael S. Long, Secretary Mayor Lisa K. Aronson Tim Bascombe Commissioner Richard Blattner Mayor Vincent Boccard Neal R. de Jesus Beam Furr School Board Member Patricia Good Mary D. Graham Dan Hobby Lynn Kaplan (Telephonic) Commissioner Rita Mack Mayor Michael J. Ryan Nicholas T. Steffens (Telephonic) Mayor Daniel J. Stermer MEMBERS Commissioner Martin D. Kiar ABSENT: Commissioner Michele Lazarow ALSO Barbara Blake Boy, Executive Director PRESENT: Andrew S. Maurodis, Attorney Leigh Kerr, Consultant Planner William Laystrom, Esq. John Milledge, Esq. Jean Russo, Broward County Real-Time Reporter (A sign in sheet reflecting those present is filed with the supplemental papers to the minutes of this meeting.) A meeting of the Broward County was held at 10:00 a.m., on Thursday, March 27, 2014 in Room 422 of the Broward County Governmental Center, Fort Lauderdale, Florida. CALL TO ORDER The Chair calling the meeting to order. On behalf of the, the Chair congratulated Mayor Aronson for her new role as Mayor of the City of Coconut Creek. 1

PLEDGE OF ALLEGIANCE Mayor Aronson led the Pledge of Allegiance. ROLL CALL The Real Time Reporter called the roll and the Chair declared a quorum present. On motion of School Board Member Good, seconded by Mayor Stermer and unanimously carried, the approved excused absences for Commissioners Kiar and Lazarow. In response to the Chair, Ms. Kaplan and Mr. Steffens confirmed their telephonic participation at this day s meeting. CONSENT AGENDA C 1 APPROVAL OF FINAL AGENDA FOR MARCH 27, 2014 C 2 MARCH 2014 PLAT REVIEWS FOR TRAFFICWAYS PLAN COMPLIANCE Staff : Approval. C 3 APPROVAL OF MINUTES OF FEBRUARY 27, 2014 Staff : Approval. C 4 EXCUSED ABSENCE REQUESTS Email Correspondence from Commissioner Michele Lazarow to Barbara Blake Boy, dated March 13, 2014. Additional Agenda Material Email correspondence from Tracy Roach on behalf of Commissioner Bobby DuBose, dated March 20, 2014. (As reflected on Page 1, Commissioner DuBose was present.) Email correspondence from Scott Barrocas on behalf of Commissioner Martin Kiar, dated March 24, 2014. On motion of Mayor Stermer, seconded by School Board Member Good and unanimously carried, the approved the Consent Agenda consisting of Items C 1, C 2, C 3 and C 4. 2

REGULAR AGENDA R 1 COUNSEL S REPORT (No report given.) R 2 EXECUTIVE DIRECTOR S REPORT (No report given.) R 3 CORRESPONDENCE Ms. Boy referenced correspondence that was emailed to the Planning Council. PUBLIC HEARING AGENDA PH 1 RECERTIFICATION PCR 14-6 Public Hearing on Recertification of the Town of Davie Future Land Use Element Map Amendment Staff : Conditionally Recertify the Town s Future Land Use Element. On motion of Mayor Stermer, seconded by Mr. de Jesus and unanimously carried, the approved PH 1, PH 3, PH 6, and PH 9. PH 2 RECERTIFICATION PCR 14-3 Public Hearing on Recertification of the City of Fort Lauderdale Future Land Use Element Map Amendment Staff : Recertify the City s Future Land Use Element. (This item was pulled by Ms. Graham.) Ms. Boy provided an overview PH 2. Mayor Boccard made motion to approve PH 2. The motion was seconded Mr. de Jesus. 3

The Chair called for a Roll Call Vote for PH 2. MEMBERS Mayor Aronson Mr. Bascombe Commissioner Blattner Mayor Boccard Mr. de Jesus Commissioner DuBose Mr. Furr School Board Member Good Ms. Graham Mr. Hobby Ms. Kaplan (Telephonic) Commissioner Long Commissioner Mack Mayor Ryan Mr. Steffens (Telephonic) Mayor Stermer Ms. Castro (Chair) VOTE No The motion passed 16-1 with Ms. Graham dissenting. PH 3 RECERTIFICATION PCR-14-4 Public Hearing on Recertification of the City of Fort Lauderdale Future Land Use Element Map Amendment Staff : Conditionally Recertify the City s Future Land Use Element. On motion of Mayor Stermer, seconded by Mr. de Jesus and unanimously carried, the approved PH 1, PH 3, PH 6, and PH 9. PH 4 RECERTIFICATION PCR 14-5 Public Hearing on Recertification of the City of Fort Lauderdale Future Land Use Element Map Amendment Staff : Conditionally Recertify the City s Future Land Use Element. 4

(This item was pulled by Ms. Graham.) Ms. Boy provided an overview of PH 4 and then in response to Ms. Graham, affirmed traffic compliance. On motion of Commissioner DuBose, seconded by Mayor Stermer and unanimously carried, the approved PH 4. PH 5 RECERTIFICATION PCR 14-10 Public Hearing on Recertification of the City of Fort Lauderdale Future Land Use Element Text Amendment Staff : Recertify the City s Future Land Use Element. (This item was pulled by Ms. Graham.) Ms. Boy provided an overview of PH 5 and pointed out that PH 5 amends the transportation category as relates to the Executive Airport. On motion of Mr. de Jesus, seconded by Mayor Stermer and unanimously carried, the approved PH 5. PH 6 RECERTIFICATION PCR 14-2 Public Hearing on Recertification of the City of Parkland Future Land Use Element Text Amendment Staff : Recertify the City s Future Land Use Element. On motion of Mayor Stermer, seconded by Mr. de Jesus and unanimously carried, the approved PH 1, PH 3, PH 6, and PH 9. PH 7 AMENDMENT PC 14-4 First Public Hearing on Amendment to the Broward County Land Use Plan City of Plantation (This item was pulled by members of the public.) Additional Agenda Material 5

Correspondence from Henry Sniezek, Director, Broward County Planning and Redevelopment Division, dated March 21, 2014 Application From Office Park to 9.4 acres of Office Park within a Dashed-Line Area and 4.9 acres of Irregular (20.1) Residential within a Dashed- Line Area. Location Approximately 14.3 acres; generally located west of University Drive, between Peters Road and Southwest 10 Street. Staff of March 18, 2014: Denial. (See Page I-1 of the amendment report for the full recommendation.) Following an overview of PH7 by Ms. Boy, she noted that Planning Council staff recommends denial as relates to planning reasons in the Broward County Land Use Plan, as well as the potential to be precedent setting. Ms. Boy provided a PowerPoint presentation outlining Dashed-Line Areas, and then referred to the alternative recommendation as outlined in the back-up, reducing the number of units. Leigh Kerr, William Laystrom and John Milledge spoke in favor of PH 7. Ms. Graham referenced sea level rise and raised concern as to urban flooding and storm water issues. In response to Ms. Graham, the Chair explained that the County Commission is aware of the differences relating to urban flooding between now and 10-20 years ago. The Chair pointed out that the Board of County Commissioners would address any concerns that may arise. Commissioner Long noted that the City of Lighthouse Point is in the process of changing codes related to drainage, as there are ongoing concerns surrounding site plans and drainage issues. The Chair echoed draining concerns. Commissioner DuBose noted that drainage is an ongoing issue in the City of Fort Lauderdale and noted that sea level rise is a County issue as well. 6

Mayor Aronson noted that high rise units should be able to utilize green space that could help with drainage issues. In response to Mayor Aronson, the Chair noted that the project was unanimously approved by the City of Plantation. In response to Mayor Aronson, Ms. Boy explained that staff s recommended reduction of units is based on concerns of a Dashed- Line Area, and expressed that it is not a socioeconomic zoning issue. In response to Mayor Stermer, Ms. Boy affirmed that the City of Plantation is in compliance with Policy 1.07.07, as well as affirmed that the concern is setting a precedent for potential future development coming forward. Mr. Furr, Commissioner Long, School Board Member Good and Commissioner Blattner spoke in favor of the project. Commissioner Blattner pointed out that population growth will increase and will require this type of development. Commissioner Blattner stressed the importance of remaining proactive as to traffic, schools, parks, affordability and environmental issues, in addition to Complete Streets. Mr. Bascombe spoke in support of the project and expressed that he is looking forward to future steps surrounding affordable housing, as well as collaborating with Metropolitan Planning Organization (MPO) and other stakeholders to ensure good sound-planning. The Chair asked that staff look into a future Action Item or a workshop as to reevaluating the Land Use Plan in its entirety relative to urban development while taking into consideration the differences between development in the east and west, with the inclusion of the MPO and other stakeholders. Mayor Ryan spoke in favor of the project and complimented the applicant and the City of Plantation for coming forward with their plan. In response to Mr. Hobby, Mr. Laystrom affirmed that the project does have a parking garage. Mr. Hobby suggested looking at increasing residential units in the future. On motion of Mayor Stermer, seconded by Commissioner Long and unanimously carried, the denied staff s recommendation and approved PH 7 as presented. 7

PH 8 AMENDMENT PC-14-6 First Public Hearing on Amendment to the Broward County Land Use Plan City of Lauderdale Lakes (This item was pulled by Ms. Graham.) Additional Agenda Material Correspondence from John Stunson, City Manager, City of Oakland Park, dated March 24, 2014. Correspondence from Fernando Leiva, AICP, Assoc. AIA, Development Services Manager, City of Lauderdale Lakes, dated March 25, 2014. (This item was pulled by Ms. Graham.) Application From 16.9 acres of Commercial and 7.3 acres of Commercial Recreation to Medium-High (25) Residential. Location Approximately 24.2 acres; generally located south of Commercial Boulevard and east of State Road 7/U.S. 441. Staff of March 18, 2014: Approval. Ms. Graham raised concern as to drainage issues. On motion of Mayor Stermer, seconded by Mr. de Jesus and unanimously carried, the approved PH 8. PH 9 AMENDMENT PCT 14-2 First Public Hearing on Amendment to the Broward County Land Use Plan Text City of Hollywood Application Revising the Sheridan Station Transit Oriented Development dwelling unit type and phasing requirements Location Approximately 40.4 acres; generally located on the east side of the C.S.X. Railroad, between Sheridan Street and Taft Street 8

Staff Transmittal of March 18, 2014: Approval, recognizing that the previous voluntary commitments offered as part of the 2007 BCLUP amendments will remain in effect. On motion of Mayor Stermer, seconded by Mr. de Jesus and unanimously carried, the approved PH 1, PH 3, PH 6, and PH 9. PH 10 AMENDMENT PCT 13-1 Second Public Hearing on Amendment to the Broward County Land Use Plan text revising policies and requirements regarding Application of Affordable Housing Policy 1.07.07 to the Allocations of 100 or More Flexibility or Reserve Units to Non-Residential Uses. (This item was pulled by the Chair) s Land Use/Trafficways Committee of May 23, 2013: The Land Use/Trafficways Committee does not presently recommend approval of the proposed text amendment based upon the current lack of support from municipalities and the lack of clarity regarding the mechanism for implementation as well as the impact on municipalities. (See page I- 1of the amendment report for the full recommendation.) Transmittal of June 27, 2013: Tabled to the August 22, 2013, Meeting. Transmittal of August 22, 2013: Per the Land use/trafficways Committee recommendation of May 23, 2013, the Council strongly supports affordable housing policies but does not presently recommend approval of the proposed text amendment based upon the current lack of support from municipalities and the lack of clarity regarding the mechanism for implementation as well as the impact on municipalities. County Commission Transmittal of October 8, 2013: Continued by the County Commission until the public hearing of October 22, 2013. 9

County Commission Transmittal of October 22, 2013: Approval. State of Florida Review Agency Comments of November 30, 2013: The State of Florida Review Agencies issued no comments or objections. Final of January 23, 2014: Deferred to the March 27, 2014, Meeting. On motion of Mayor Stermer, seconded by School Board Member Good and unanimously carried the tabled PH 10 until the July 2014 Meeting. PH 11 AMENDMENT TO THE ADMINISTRATIVE RULES DOCUMENT: BROWARD COUNTY LAND USE PLAN Public Hearing on Amendment to the Administrative Rules Document: Broward County Land Use Plan for the addition of Article 10 regarding rules for implementation and administration of Broward County Land Use Plan Policy 1.07.07. (This item was pulled by the Chair) Additional Agenda Material Email correspondence from Henry Sniezek, Director, Planning and Redevelopment Division, dated March 19, 2014. s Staff of January 14, 2014: Approval. Land Use/Trafficways Committee of January 23, 2014: Defer item to February 27, 2014, meeting to allow for input from January 29, 2014, Joint Affordable Housing Workshop. of January 23, 2014: Defer item to February 27, 2014, meeting per the Land Use/Trafficways Committee. Staff of February 18, 2014: Defer the item to the Mach 27, 2014, Meeting. of February 27, 2014: Defer the item to the March 27, 2014, Meeting. 10

Staff of March 18, 2014: Approval, per Attachment 20, with a further request to delineate the in-lieu of fee payment per unit as either Option 1: 1.25% of hard construction costs of the residential project or Option 2: one dollar ($1.00) per gross square foot (gross floor area) of the residential dwelling unit, as outlined in Attachment 20, page 5. Land Use/Trafficways Committee of March 27, 2014: To be presented at the Meeting. The Chair provided an overview of PH 11 and pointed out that the s goal today is to look at Broward County Land Use Plan Policy 1.07.07. Ms. Boy noted that the Land Use/TrafficWays Committee met this morning prior to this day s meeting and accepted staff s recommendation of approval of Attachment 20, and further agreed to an in-lieu of fee payment per unit of one dollar ($1.00) per gross square foot (gross floor area) of the residential dwelling unit, as outlined in Attachment 20, page 5, in situations when a municipality is unable to demonstrate compliance with Broward County Land Use Plan Policy 1.07.07. Mayor Stermer encouraged the to support Option 2 as proposed. Following discussion, Mayor Ryan made motion to approve PH 11, Attachment 20, with a further recommendation to approve the in-lieu of Option 2, as outlined in Attachment 20, page 5 back-up. ($1.00 per gross square foot per dwelling unit.) The Chair called for a Roll Call Vote for PH 11. MEMBERS Mayor Aronson Mr. Bascombe Commissioner Blattner Mayor Boccard Mr. de Jesus Commissioner DuBose Mr. Furr School Board Member Good Ms. Graham Mr. Hobby Ms. Kaplan (Telephonic) 11 VOTE No No

Commissioner Long Commissioner Mack Mayor Ryan Mr. Steffens (Telephonic) Mayor Stermer Ms. Castro (Chair) The motion passed 15-2 with Commissioner DuBose and Ms. Kaplan dissenting. PH 12 AMENDMENT TO THE PLANNING COUNCIL S RULES OF PROCEDURE Revisions to Sections 2 and 3.07 regarding committees and receipt of agenda materials. (This item was pulled by Mayor Stermer.) s Staff of March 18, 2014: Approval. Executive Committee of February 27, 2014: Approval per staff recommendation. On motion of Mayor Stermer, seconded by Mr. de Jesus and unanimously carried, the approved PH 12. DISCUSSION ITEM OTHER BUSINESS Ad-hoc Affordable Housing Committee Membership and Organization Mr. de Jesus commended Chair Castro as she recently received a Proclamation, and an award, as well as a key to the city from her peers in Dania Beach for her many years of dedicated service. The Chair thanked the League of Cities, the Board of County Commissioners and the Council for coming together and working on affordable housing. The Chair directed Ms. Boy to place an item on the April agenda to discuss 1) the ad-hoc affordable housing committee and 2) the potential review of the Broward County Land Use Plan. NEXT SCHEDULED PLANNING COUNCIL MEETING April 24, 2014 12

The next meeting is scheduled for April 24, 2014, at 10:00 a.m., in Room 422 of the Broward County Governmental Center. ADJOURNMENT There being no further business to come before the at this time, without objection, the Chair adjourned this day s meeting at 11:54 a.m. 13