Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO ENACT Ordinance, the title of which is as follows: (Continued from November 12, 2024 - Item No. 57)
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO HEIGHT LIMITATIONS FOR LANDFILLS WITHIN THE AGRICULTURAL-DISPOSAL A-6 DISTRICT; AMENDING SECTION 39-464 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
(Sponsored by Mayor Beam Furr)
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Why Action is Necessary
Section 125.66, Florida Statutes, requires that ordinances be enacted by the Board of County Commissioners ("Board") after a public hearing.
What Action Accomplishes
Allows for the Board's consideration of the proposed Ordinance.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
Summary Explanation/Background
The Monarch Hill landfill ("Landfill") is located on the south side of Wiles Road/Northwest 48th Street, between Powerline Road and the Florida Turnpike in the Broward Municipal Services District ("BMSD"). The portion of the property dedicated to active landfill use is currently zoned Agricultural-Disposal A-6 District under the County Zoning Code. Section 39-464(6) of the Zoning Code limits the height of a landfill within the Agricultural-Disposal A-6 District to one hundred twenty-five (125) feet above adjacent ground level. Through a series of variances obtained for the property, the current permitted height of the Landfill is two hundred twenty-five (225) feet above adjacent ground level with three (3) to one (1) slopes, as defined in Chapter 62-701 of the Florida Administrative Code.
At its current permitted height and footprint, Waste Management Inc. of Florida indicates that the Landfill has approximately eight (8) years of capacity remaining (assuming the current disposal rate, which could be significantly impacted by events such as a significant hurricane). An increase to the permitted height of the Landfill would extend the capacity and the useful life of the Landfill, thereby (i) allowing transportation costs to remain lower for specific waste types by potentially obviating the need to haul waste outside of the County, and (ii) providing additional, intermediate-term disposal options for consideration by Broward County and the newly established Solid Waste Disposal & Recyclables Materials Processing Authority of Broward County, Florida, while long term waste processing and disposal solutions are being studied and developed.
The proposed Ordinance amends the Zoning Code to allow an increase in the permitted height of a landfill in an Agricultural-Disposal A-6 District to up to three hundred twenty-five (325) feet. The increased height would apply to the Landfill and any other landfill(s) within the Agricultural-Disposal A-6 District.
The Local Planning Agency held its public hearing on August 14, 2024, and recommended that the proposed Ordinance is not generally consistent with the Broward County Comprehensive Plan. The initial public hearing for this item was held on November 12, 2024 (the "Initial Public Hearing"). The materials included in this agenda item as Exhibits 2 through 6 were submitted by the Planning Council, Resilient Environment Department, and County Administration in connection with the Initial Public Hearing.
Mayor Furr has submitted an amended Motion Statement and proposed legislative findings, both shown on Exhibit 7, and an amended effective date for the Ordinance, attached as Exhibit 8.
Additionally, the Board will be considering this item concurrently with its consideration of proposed land use plan amendments that, if approved, could result in the horizontal expansion of the Monarch Hill landfill into a 24.2 acre parcel that previously housed a waste-to-energy facility. In an effort to address the impacts (known and unknown, actual and potential) of the proposed height and vertical expansions in a manner that might provide sufficient comfort to the Board to approve the proposed expansions, on January 14, 2025, counsel for Waste Management sent a letter to each Board member expressing voluntary commitments Waste Management was proposing to undertake in the event the expansions were approved. If either or both requested expansions (horizontal or vertical) is/are approved, Waste Management understands that, to further address the enforceability of its proffered voluntary commitments, it will be required to enter into an agreement and to execute a declaration of restrictive covenants ("DRC"). The proposed agreement and DRC, together with an explanatory memorandum from the County Attorney, will be distributed to the Board before next week's agenda briefings and will be submitted as additional material for each of the applicable public hearing items.
Source of Additional Information
Maite Azcoitia, Deputy County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
Per the Office of Management and Budget, the estimated impact on the budget does not exceed the threshold required for a Fiscal Impact Statement.