Broward County Commission Regular Meeting


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AI-26769 54.       
Meeting Date: 05/08/2018  
Director's Name: Mark D. Bogen
Department: County Commission  

Information
Requested Action
MOTION TO DIRECT Office of the County Attorney to draft an Ordinance and Resolution increasing the notice requirements for applications for rezonings, variances, and environmental licenses and permits related to property used, or to be used, as a dump, sanitary landfill, incinerator, or resource recovery facility to four miles from the perimeter of the property. (Vice-Mayor Bogen)

ACTION:  (T-12:21 PM)  Approved.  The Board requested that the County Attorney's Office draft an Ordinance and Resolution consistent with the Board's discussion surrounding Yellow-Sheeted Additional Material amendments dated May 8, 2018, submitted at the request of Vice Mayor Bogen and Commissioner Geller.  (Refer to minutes for full discussion.

VOTE:  9-0.
Why Action is Necessary
Pursuant to Section 18.5(e) of the Broward County Administrative Code, approval by the Board is required prior to the drafting of an Ordinance.
What Action Accomplishes
Directs the Office of the County Attorney to draft an Ordinance and Resolution amending the Broward County Code of Ordinances and Administrative Code to increase the notice requirements for applications for rezonings, variances, and environmental licenses and permits related to property used, or to be used, as a dump, sanitary landfill, incinerator, or resource recovery facility.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
Sections 39-27 and 39-38 of the Broward County Code of Ordinances ("Code") currently provide for notice of owner-initiated rezonings, developments of regional impact, and variances to be provided to property owners and the mayor and city manager of any municipality within a radius of 500 feet of the property line of the property subject to the application. In the event the property subject to an owner-initiated application is in or contiguous to any Rural, Estate, or Agricultural district, or any Wellfield Zone of Influence, the notification radius is 1,000 feet.
 
If the property subject to a variance request is in or contiguous to any Rural, Estate, or Agricultural district, the notification radius is also 1,000 feet or the next two adjacent properties, whichever distance is greater. Notices of variances are required to be provided to the mayor and city manager of any municipality within a two mile radius of the property line for which the variance is requested.
 
Section 27.170 of the Broward County Administrative Code requires that notice of applications for a license under Chapter 27 of the Code to construct, operate, or make a major modification to a "Significant Environmental Impact Facility" be provided to all owners within 500 feet of the facility boundary. Notice must also be provided to the mayor, each city commissioner or council member, and the city administrator or city manager of any municipality within the 500 foot radius. 
 
The effects of certain uses, however, extend beyond the current radii. The proposed Ordinance and Resolution would increase the notification radii set forth above to four miles from the perimeter of any property used, or to be used, as a dump, sanitary landfill, incinerator, or resource recovery facility, with the costs of the increased notice being borne by the applicant.
Source of Additional Information

Fiscal Impact
Fiscal Impact/Cost Summary:
To be determined by the Office of Management and Budget upon presentation of a draft Ordinance.
Attachments
Additional Material - Information
Additional Material - Information


    

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