Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Resilient Environment Division: Urban Planning Division
Information
Requested Action
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MOTION TO ENACT Ordinance related to Monarch Hill Landfill expansion, the title of which is as follows: (Commission District 2)
AN ORDINANCE OF BROWARD COUNTY, FLORIDA, ADOPTING A SMALL-SCALE AMENDMENT TO THE BROWARD COUNTY COMPREHENSIVE PLAN; AMENDING THE BROWARD COUNTY MUNICIPAL SERVICES DISTRICT FUTURE LAND USE MAP OF THE BROWARD COUNTY COMPREHENSIVE PLAN; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
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Why Action is Necessary
Section 163.3184(11), Florida Statutes requires comprehensive plan amendments be adopted at a public hearing.
What Action Accomplishes
This action changes the Broward Municipal Services District Future Land Use Map Designation of an approximately 24.2-acre site from Electrical Generating Facility to Industrial.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
June 15, 2021: Deferred (Item No. 98)
August 24, 2021: Deferred (Item No. 95)
December 7, 2021: Transmitted the proposed amendment to the Broward County Planning Council (Item No. 79, Vote - 6-2)
October 10, 2023: Approved Resolution to set date for Public Hearing on January 23, 2024 (Item No. 16)
January 23, 2024: Continued to May 21, 2024 (Item No. 46)
May 7, 2024: Public Hearing date changed to September 5, 2024 (Non-Agenda Item)
October 22, 2024: Approved Resolution to set date for Public Hearing on November 12, 2024 (Item No.16)
Summary Explanation/Background
THE RESILIENT ENVIRONMENT DEPARTMENT AND THE URBAN PLANNING DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.
On February 7, 2020, Waste Management Inc. submitted an application to amend the land use designation of an approximately 24.2-acre site from “Electrical Generating Facility” to “Industrial” use, on the Broward Municipal Services District Future Land Use Map (BMSD FLUM). The application site is located in unincorporated Broward County adjacent to the Monarch Hill Landfill. Pursuant to Section 163.3187 Florida Statutes, this amendment is a small-scale amendment. It requires only one public hearing before the Board and becomes effective 31 days after adoption. It is not subject to review by State agencies or the South Florida Regional Planning Council.
The site is the former Wheelabrator North Resource Recovery Facility that is owned and operated by Waste Management, Inc. of Florida. It is bound by landfill use to the south, east, and west. The primary use on the site is the waste to energy plant that is no longer operating. In 2015, the use was discontinued following approval of a Global Amendment among Broward County, Waste Management Inc. of Florida, Wheelabrator Environmental Systems Inc., Wheelabrator South Broward Inc., and related parties regarding solid waste disposal services (Board Agenda Item No. 42, May 19, 2015). The site was used as a solid waste transfer station consistent with the Global Amendment which term recently expired on July 2, 2023 (Exhibit 13).
On June 2, 2021, the Environmental Protection and Growth Management Department (now Resilient Environment Department) Local Planning Agency (LPA) considered the proposed amendment. The LPA received comments from municipalities and the public (Exhibits 5 and 6). The applicant made a presentation to the LPA (Exhibit 7). The LPA recommended the Board transmit the application to the Broward County Planning Council for their consideration and advised the Board that “while the proposed amendment to Industrial future land use is compatible with adjacent uses and consistent with land use policies in the Broward County Comprehensive Plan, expansion of Monarch Hill Landfill and the loss of Electrical Generation Facility use is not consistent with environmental and solid waste goals, objectives and policies of the Comprehensive Plan” (Exhibit 8).
Land use is regulated by both the Broward County Land Use Plan and the BMSD FLUM in the Broward County Comprehensive Plan. All land use plan amendments in the Broward Municipal Services District (unincorporated area) must be consistent with both documents. On December 16, 2021, the applicant submitted a companion amendment to the Broward County Land Use Plan.
On October 27, 2022, the Broward County Planning Council made the following recommendation: “While we find no technical fault with staff’s recommendation, as a matter of urban planning essential to the implementation of effective land use planning, we cannot recommend expansion of any landfill facilities within Broward County at this time. Further, a second Planning Council public hearing is not required.” (12-0 vote)
On January 5, 2023, the applicant requested to delay scheduling both items before the Board until after the meetings of the Broward County Solid Waste Task Force “to see if the Task Force addresses construction and demolition waste disposal.”
On May 23, 2023, the Board approved the Interlocal Agreement for Solid Waste Disposal and Recyclable Materials Processing Authority of Broward County, Florida (ILA).
On July 24, 2023, the applicant requested to schedule public hearings on both amendments (Exhibit 12). On January 23, 2024, the Board voted to continue the Public Hearing item until May 21, 2024 (Item No. 46). On May 7, 2024, the Board directed staff to advertise the Public Hearing for September 5, 2024 (Non-agenda Item), this date was extended at the applicant’s request to November 12, 2024. The Business Impact statement is attached (Exhibit 3).
The proposed Ordinance, including Attachment A, are attached (Exhibit 1).
Source of Additional Information
Josie P. Sesodia, AICP, Director, Urban Planning Division, 954-357-6602.
Fiscal Impact
Fiscal Impact/Cost Summary
No fiscal impact.