Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO ADOPT Resolution No. 2021-057 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, February 23, 2021, at 10:00 a.m., in Room 422 of the Governmental Center to consider enactment of a proposed Ordinance, the title of which is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO ZONING; AMENDING SECTION 39-294 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); PROVIDING DESIGN STANDARDS IN COMMERCIAL DISTRICTS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
(Sponsored by Commissioner Dale V.C. Holness)
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Why Action is Necessary
The proposed Ordinance was prepared by the Office of the County Attorney at the direction of the Board of County Commissioners at its meeting of January 26, 2021.
What Action Accomplishes
Enables the setting of a public hearing during which the Board may consider enacting an Ordinance amending the Zoning Code relating to the design standards in commercial districts.
Is this Action Goal Related
No
Previous Action Taken
Summary Explanation/Background
Chapter 39 of the Broward County Code of Ordinances (the "Zoning Code") regulates zoning in the Broward Municipal Services District (BMSD). Section 39-294(n) of the Zoning Code establishes design standards for commercial buildings and sites within the BMSD. The design standards are applicable to additions and improvements to commercial buildings and structures that result in an increase of twenty percent (20%) or more of the floor area or appraised value of the building or structure and do not distinguish between new construction and the reuse of existing buildings and structures, which often have significant constraints. The proposed amendments would promote commercial redevelopment in the BMSD by increasing the threshold for application of the design standards to existing buildings from twenty percent (20%) to fifty percent (50%).
The design standards are also applicable to façade improvement projects, which are often funded by projects managed by the Office of Economic and Small Business Development. The proposed amendments would facilitate façade improvement projects, irrespective of the source of funding, by exempting such projects from the design standards when the improvements do not affect the rest of the site.
Developers of commercial redevelopment and façade improvement projects within the BMSD that are not subject to the design standards, as set forth above, would be required to submit design plans to the Planning and Development Management Division demonstrating that: (i) the design plan generally conforms with the purpose and intent of the design standards; (ii) each variation from the design standards is necessitated by an existing condition; (iii) each variation from the design standards is in the minimum amount reasonably necessary to address the existing condition; and (iv) there are unique and special circumstances or conditions applicable to the property in question, or to the intended use of the property, that do not apply generally to other properties in the same district.
Source of Additional Information
Maite Azcoitia, Deputy County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
The Fiscal Impact Statement by the Office of Management and Budget will be provided at the time of the public hearing, in compliance with Section 18.5(e)(7) of the Broward County Administrative Code.