Broward County Commission Regular Meeting

MOTION TO DIRECT Office of the County Attorney to draft an amendment to Chapter 5, Article XVII, of the Broward County Code of Ordinances ("Ordinance"), regarding preservation of historic resources, to modify the effective area of the Ordinance by establishing minimum standards for municipalities that enact their own historic preservation Ordinance; to update historic preservation designation procedures and requirements; to update and/or delete references to the initial formation of the Historic Preservation Board; and to make minor updates to the Ordinance for clarification.

(Transferred to the Consent Agenda.)
 
ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.

Pursuant to Section 18.5(e) of the Broward County Administrative Code, the subject matter of a proposed Ordinance must be considered by the Board prior to the drafting of the proposed Ordinance.

Provides required direction to the Office of the County Attorney.

None.

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE PLANNING AND DEVELOPMENT MANAGEMENT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.

The County's Historic Preservation Board ("HPB") has expressed concern that historic resources and archaeological sites may be inadequately protected from inappropriate development, demolition, and destruction. The County Ordinance specifically provides regulations related to development, demolition, and destruction, providing for a Certificate of Appropriateness and a Certificate to Dig. The County Ordinance is currently applicable to 13 municipalities and the Broward Municipal Services District (please see Exhibit 1). The County Ordinance allows municipalities to be exempted upon passage of a local historic preservation ordinance. Currently, there are no minimum standards for a local municipal program to qualify for such exemption. In this light, the HPB reviewed the County Ordinance and expressed that historic and archaeological resources may be lost in parts of Broward County where local programs have insufficient regulations to protect and preserve historic and archaeological resources.

It is noted that Broward County and four municipal programs - Fort Lauderdale, Hollywood, Oakland Park, and Pompano Beach - have attained the status of Certified Local Government ("CLG") by meeting criteria established by the State of Florida. CLG program Ordinances must include provisions for designating historic buildings and sites, and must establish a process to allow for the alteration to historic buildings and disturbance of archaeological sites. These requirements ensure that a CLG's historic preservation program is robust, professionally administered, and supported by a qualified board.

At their November 17, 2016 meeting, the HPB recommended, consistent with staff's recommendation, that the Ordinance be amended to provide that municipalities seeking to be exempt from Chapter 5, Article XVII, "Preservation of Historical Cultural Resource Sites," attain CLG status from the State of Florida and that those that have not attained CLG status be subject to the Ordinance.  Subsequently, the HPB held a workshop on June 15, 2017 with municipal representatives, and received written feedback from interested parties. In addition, staff has presented the subject matter to the City County Managers Association and to the League of Cities.

Josie P. Sesodia, AICP, Director, Planning and Development Management Division, (954) 357-6602