welcome everybody i'd like to call the planning and zoning meeting for the city of plantation date december 5th 2023 to order certainly we have the role mr speer here mr stall here mr denby burger here mr corman here mr freeman mr plass mr goldstein here thank you uh well welcome everybody first item is approval of meeting minutes for november 7th 2023 does anybody have any additions or edits do i approve we have a motion in a second please call the roll mr speer yes mr stall yes mr denby burger yes mr corman yes mr freeman yes mr goldstein yes thank you all right on the public hearings first item pp22-0032 consideration of a request for conditional used waiver requests site plan amendment elevation landscape plan approval for chevron store number 371 properties located at 1301 south university drive and zoned mpm mixed-use plantation midtown staff if you would for the record sean lamay with the city of plantation division of planning and zoning the staff report is numbered pp22-0032 and is dated december 5th 2023 at this time i'd like to incorporate this report as part of the record the site is located at 1301 south university drive is and is in the southern area of the city within the midtown special area boundary the subject site is approximately 0.87 acres in area it is zoned m-pm mixed-use plantation midtown and located on the southwest corner of south university drive in peters road and it is developed with a 3604 square foot convenience store with fuel pumps constructed in 1996. the site is zoned commercial m-pm to the north south and west together with single family residential rs-3f across south university drive to the east in a community called new orleans villas as shown on the area the site is bound by commercial uses to the north south and west and residential uses across south university drive to the east the site is bound by an office building to to the south which is the bank of america building a mix of commercial uses to the west which is the plantation common center and we have wells fargo to the north across peters road and again across south university drive or single-family homes as indicated on the aerial the surrounding area is fully developed and urbanized please note on the on the map the public notification boundary gasoline filling stations require conditional use approval and requires notification mail to property owners within 300 feet the applicant requests the following site plan elevation and landscape plan approval to construct a gasoline filling station chevron with six fuel pumps with 12 fueling positions with a 3920 foot detached fuel canopy and a single story 2250 square foot convenience store the site plan proposes a westerly located building with the detached fuel canopy orientated parallel to to south university drive on the eastern portion of the property parking is found at the front of the convenience store also like to note that the there's a little note here about existing bus and benches in fact we we did receive notice that the fdot does plan to remove and replace these bus and bench areas on south university drive the elevations show the proposed building along with material types and color palettes the building design meets the required design standards with class one and class two materials exterior facades include wood a class one material and stucco and metal canopies which give a contemporary and inviting character the three-dimensional projections both vertically and horizontally provide variation in form roof lines and wall surfaces along with extensive window coverage the front and side elevations facing streets are well articulated the canopy design continues to match color materials of the principal structure the building color palettes are harmonious and balanced with surrounding buildings and we do have the sample board with us this evening and i believe the architect is here as well also requested is the landscape plan the plan shows buffer locations landscape pedestrian zones tree sod and shrub locations the landscape architect for the project is also with us this evening the floor plan depicts the the sales area the cashier the office area restrooms and then the walk-in cooler areas the site circulation plan shows the traffic and project pedestrian walkway connections the site will maintain the existing access points on peters road and south university drive the applicant provided a pedestrian network which is indicated in red parking requirements are based on the convenience store size of 2250 square feet the parking standard is one space per 300 square feet which therefore requires eight parking spaces with nine provided also included are two ev charging stations per a recent city ordinance no parking waiver is required to support this use a traffic analysis which was provided by the applicant based on the study the current use shows 77 pm peak hours per trips the proposed smaller convenience store is shown to have 54 pm peak per hour trips therefore a decrease of 23 pm peak per hour trips a traffic impact statement has been submitted by the applicant and they have their staff here if the further detail is required this slide is from the engineering division it indicates the fdot is currently constructing roadway improvements on university drive which includes widening the roadway to accommodate bike lanes a 10 foot wide sidewalk and improvements to the bus stop adjacent to the property the second request is conditional use approval to allow a gas filling station in the m-pm zoning district responses to the criteria have been by the applicant have been addressed in the staff report and staff concludes concurs with the applicant's findings and statements the proposed conditional use will be consistent with the general plan for the physical development of the district the proposed development is compatible with adjacent commercial uses and the proposed conditional use should not adversely affect the general welfare residents visitors or workers in the neighborhood in the last item the applicant is requesting one landscape waiver from chapter 27 of the city code the lpz width section 27-255d2 requires a 10-foot landscape pedestrian zone where 5.5 is being provided the applicant held a community meeting on november 15th 2023 at the jim ward community center the applicant has indicated that one person attended the meeting the city of plantation posts signs on properties for site plan approvals and sends out notices to surrounding property owners when planning and zoning actions are requested this provides an opportunity for citizen participation in the zoning process notification was sent to the surrounding properties within 300 feet and staff has not received any written objections or phone calls from citizens objecting to this application additionally there are no violations on the property staff analysis staff evaluated the proposed site plan elevations landscape plan conditional use request and the waiver with justification in the context of the applicant's written narrative in the letter of intent proposal and impacts on the surrounding development pattern and zoning designations staff after conducting a complete review and analysis of the proposed case now must must ensure the request in fact qualifies for approval by compliance with the comprehensive plan and the regulations of the plantation zoning code staff has conducted three levels of analysis to address this request the first issue is compatibility staff believes the mass and scale of the proposed structures are compatible with existing nearby development the development of the site will be compatible with the with the existing commercial designations the second level of analysis addresses compliance with the comprehensive plan with regards to the comprehensive plan the redevelopment of a gasoline filling station with six fuel pumps over a 3920 foot detached fuel canopy with a single story 2250 square foot convenience store has found to be consistent with the commercial land use designation on the adapted future land use map the last part of our analysis addresses consistency with the zoning code the development as conditioned has been found to be consistent with the following requirements of the zoning code number one it meets section 27-50 the site development plan sufficiency two meets section 27-41 the notice for zoning measures three meets 27-45 d the conditional use criteria and lastly meets 27-52 g2 which is the practical difficulty waiver standards in conclusion based on the findings and conclusions outlined in the staff report staff recommends approval subject to staff conditions noted in section vb of this report for a conditional use site plan elevation landscape plan and a waiver by the various reviewing agencies all right thank you uh before we begin though i want to note that matt mcintosh was added as an alternate to the dais thank you all right that being the case anybody on the dais have any questions or comments the staff joshua yeah i'm fully supportive uh and i i see no problems with it but i just had a question about the trip generation study since i'm not a transportation planner uh why why is it that when we reduce the the square footage of the convenience store that leads to less trips but the consideration of additional pumps doesn't add any trips study um good evening samira shallan the city engineer uh we use the international or national transportation uh booklet or manual for trip generation and uh the trip generation equation for gas station is based on square footage not for fuel pumps so that's why the calculation supported the numbers it seems counterintuitive to me but yeah but that's correct yeah i actually had a question on the landscaping uh waiver can someone tell me what the existing um setback is now for the landscaping because i looked on there and it looked like it was six feet and change and now we're we want to reduce that to five do you have your landscape architect here actually unfortunately but i can answer so my question is if we're reducing the the footprint of the store you should have adequate room for landscaping why are we reducing it even more than it is now i understand maybe you can't get to the 10 but why reduce it more than what it is currently well sorry my name is damian leslie i'm with mdm services we are the engineer for the project um so we would have loved a bigger building more building more generation of income for this for the site but the challenge is sometimes with these sites is that you've got to maintain uh circulation and the use of the site for both um the end user and for truck delivery and so the challenge with the site is the geometry did not facilitate a building the lpz and to your question it was a landscape protection zone that we were asking for waiver for not not in the back but actually in the front of the building where the code requires 10 feet so we are reducing it to about 5.5 feet and so but i mean i think currently it's six feet and something is it not i'm not sure what the existing building landscape protection zone is it looked like it by the drawing so i just okay somebody can pull that up but it kind of kind of like what max was saying it seems counterintuitive we're making the building smaller but then we're making the landscaping smaller too it just so addition additionally to complicate things is on the university side the fdot is actually we're giving land back to them and so we didn't want to position the building when that property is dedicated that that additionally reduces the usability and the circulation on the site so it was a really tight site to try to fix how much land you're giving up uh 10 feet i think 10 feet from the university side yeah so it was just might be the answer yes sir that's what it is to follow up on that i had a question um what is the average score footage that we need for the adequate sidewalks that we have the maximum sidewalk will it fit in the 5.5 or is it shrinking the sidewalk itself no i we have the we are we're meeting the standard for the sidewalks in front of the building even the newer standards that we're yeah aiming for yeah well yes i believe so i don't think it would get this far if we didn't i can't exactly remember i want to say it was i want to say it was five feet but i don't recall um but i know that we meet that code i just can't remember okay thank you hi mr chairman uh members of the board my name is ed stacker and i'm an attorney with uh shudson bowen llp in 201 east las olas boulevard in fort lauderdale this is damian leslie he's a the professional engineer working on the project for uh mdm services inc and uh what i wanted to say at the outset is that we have reviewed the overall we've worked closely with staff and we've reviewed the overall package and their comments and we concur with their recommendations this site is a 27 or so year old site that is in need of and i think it's a renovation and i think it's a win-win for this for the city and the community as well as the owner a couple of things you know mr freeman you're i think years ago it did count based on pumps etc but the conventional wisdom today and with the way the industry's gone it's the size of the the square footage of the convenience store the facility that that pun intended drives the traffic onto the site um one of the points i want to make about uh updating the site and and damian indicated that it was tight and we you have uh we're working closely with fdot today's uh delivery of fuel are significantly larger vehicles trucks and i don't have the turning radiuses memorized but that gives makes it more difficult to accommodate internal traffic circulation so i'm not dismissing what you're saying mr spear about the uh the uh the the the the buffer but um it is a difficult site uh and it will it will function perfectly fine and meet all the requirements and standards but uh we we feel like this is the best result for the redevelopment of the of the site so we're happy to go into any level of detail that you would like but we would ask since it's an existing site that you find that it's compatible and grant the conditional use approval and the site plan approval and the minor waiver that we're asking for and and we're happy to answer any questions or address any specific concerns thank you are there any other that were generated from the dais on that it's definitely an improvement what's there right now is my mic on yeah you're just not close enough uh question on the ev stations are those going to be installed stations or is the infrastructure alone going to be there and for a future date to install the charging stations it's the plan to install the units and everything for your use okay so they'll be there yeah okay i've got a question for you you mentioned sites 27 years old the tanks that are in the ground are they fiberglass or metal tanks damien would know that i think i should i can't recall if they are fiberglass or metal but it's they are going to actually be removed and replaced with new tanks oh because one of the documents showed that they are gonna that you're gonna uh the existing tanks are to remain that was the original intent uh later the owner decided to go ahead and update okay so they are going to excavate they are going to drop three new tanks in there yes sir perfect that solves my problem um anybody else from the dais anybody from the public oh sorry staff mr albert michael albert assistant director i just wanted to address the landscape question um the existing pedestrian zone and of course this was built before we had that in our code is roughly five to six feet before you get to the sidewalk which ranges from seven and a half to eight feet wide um the current so the request is to reduce the requirement which is ten feet to five and a half feet and the trees there's shrubs ground cover in there but there's the trees they're in there are small trees and alexander palms so they won't have a problem horticulturally and that's why we're supporting it okay then i will again open up the comments to the chamber anyone come on up just list your name and address please hey uh patrick peck uh 1431 northwest 115th avenue plantation so i didn't actually come for this but i think this is i like it i like what i'm hearing the things that hit me as i'm listening to the briefing is as we all know in in the news you know evie is there's you know stations that don't work and they get backed up and so if we're talking about a condensed parking area you know how to handle people waiting in line for evie's and so forth and actually i would i would even think the reverse numbers you should have probably more evie's and less gas but whatever you know there ought to be a way to but i know you got city city rules now that you're to come at least we're doing it right so that's good news but i'm just thinking congestion how do you know that ev is even working if they do break down as often as they claim on on the news and is there a way to flag people just not even to bother drive in or you know basically drive by instead because it's you know not available gas pumps are kind of different i think we kind of know they they work most of the time so i'm just trying to think ahead about congestion for plantation not necessarily that i have an extra in the fight here on on this particular but this good it sounds like a a nice looks like a pretty uh nice uh use of that property so anyway thank you actually i don't disagree with that comment um in my mind it's a filling station whether you're filling with gas or whether you're filling with electric i wouldn't mind seeing extra ones as well but they're meeting the code can't ask for more than that i mean i could but so any other comments from the room any comments online all right in that case then i will close public comments do i have a motion on this one subject to staff report second we have a motion and a second please call the roll mr speer yes mr stall yes miss demby burger yes mr corman yes mr freeman yes mr goldstein yes mr mcintosh thank you thank you all very much for your consideration thank you so much guys we appreciate it uh next order that's up uh pd 23-0006 an ordinance of the city of or the city council of the city of plantation florida pertaining to the subject of comprehensive planning amending the text of the future land use element to establish a unified flex zone and amend related flex and reserve policies staff mike lauper assistant director we would like to present items two and three together i have no objection anybody you have to read the i guess i do have to read that next one too uh thank you uh two and three two has already been read three pp23-0057 an ordinance of the city of plantation florida pertaining to the subject of zoning and land development amending chapters 19 and 27 of the city code of ordinances thank you now staff application pd 23-006 is a comprehensive plan tax text amendment to create a unified flexibility a unified flexibility zone and to clarify comprehensive plan procedures related to the assignment of flexibility units application pp 23-0057 is a companion application for land development code text amendment to modify text and tables to clarify land development regulations related to the assignment of flexibility units and comprehensive plan procedures the comprehensive plan text amendment also adopts the county's policies 2.16.3 and 2.16.4 of the broward county land use plan which relate to the affordable housing bonus density and sets our maximum density to 25 units per acre in priority areas for redevelopment the ldc text amendment modifies text in chapter 19 and tables in chapter 27 to clarify procedures and to be consistent with the comp plan text amendments i do want to add that in addition to the 25 units per acre if they were to add affordable units that would go beyond that that would be the extra bonus and consonants with the county comprehensive plan so policies 2.16.3 and 2.16.4 allow for six bonus units for every moderate income unit nine bonus units for every low income unit and 19 bonus units for every very low income unit what does flex mean flex or flexibility units represent the difference between the number of dwelling units permitted within a flexibility zone under the broward county comprehensive plan and the number of dwelling units permitted within the same flexibility zone under the plantation comprehensive plan these units result from the city's plan generally being more restrictive as to residential density than the county plan what are redevelopment units redevelopment units are additional permitted dwelling units equal to three percent of the total number as established by the adoption of the 2017 broward next broward county land use plan redevelopment units replace reserve units which no longer exists within that plan what does flexibility zone mean flexibility zones are the geographic area as delineated on the flexibility zone boundary maps and in the administrative flexibility rules documents within the broward county planning council documents within which residential densities and land uses may be redistributed through the plan certification process the city is proposing to create a unified flex zone which will exclude all residential areas outside of mixed use areas and priority redevelopment areas and these references are in exhibit a definitions if you're in your backup of section 19-67 this is our current map in the neighborhood design element figure 1.6 and the city is divided into four flex zones zone 68 is west of hiatus road zone 75x is west of university drive zone 76 is west of the turnpike and zone 73 is east of the turnpike this is a conceptual of the unified zone so it would be one zone for the entire city the areas that are in red are the ones where the flexibility units and redevelopment units could be utilized and these are commercial mixed-use industrial areas the rest of the map that's not in red is primarily residential primarily single-family residential but also some multi-family and duplex and so forth so there wouldn't be any allocation of units within these areas i mentioned priority zones so this is um again a conceptual graphic of the midtown priority zone which is between pine island and university drive south of cleary north of um state road 84 sunrise boulevard the western portion and again we're going to this is conceptual we're trying to clarify because there are certain parcels within here that are primarily residential um but it's a little hard to see with this graphic but it's generally um the areas surrounding both northern and southern side of sunrise boulevard um from just east just west of pine island to where sunrise starts to curve and then sunrise boulevard east it goes all the way to 441 and again some there's some areas mixed in there so we will clarify that by the time of um second reading for the council um and then the area around city hall that commercial area um mostly along broward boulevard be another priority area and then of course the gateway area around state road seven staff recommends approval and is recommended that the planning and zoning board make a finding that the proposed amendments are consistent with our comprehensive plan and therefore recommends approval for both applications and is that it that's it all right questions oh yes sir so michael um you mentioned that this is still conceptual and as part of what you're looking for from the board i just want to make sure that they understand that some input as to some of the clarifications that you're going to get going forward as far as what the map looks like now like there's some areas in the map that are surrounded by pink just want to make sure that's kind of what you're asking for too so they understand not just the the text of it but some of that other part of it yes we would like these to be adopted into our code into our comprehensive plan uh but we we will have final maps by the time of the second reading so as i mentioned for example there are areas here that are shown and again i apologize for the the orange color it's a little hard to see but there are areas that are commercial where we would like this to apply and areas that are strictly residential that we will not want this to apply so we will be redrawing these maps um to finalize that process but generally what we're looking for is the areas that already have commercial either zoning or existing uses or industrial or mixed use to be a part of this area where they would be able to have flex and redevelopment units i have a question sorry thank you so much but you went a little bit fast so um 25 minimum six nine and then what was the final number 19 for very 19 okay and of that because i don't imagine that there's very many do you know a breakdown of if we even are going to have very low income units or do you have a proposed breakdown of this or no no no we don't okay right it's and it's 25 maximum correct currently allowed in the city um but but if an applicant comes before the city um providing units at these different income levels then they would be able to get through the county and we're asking that the city honor that those additional units based on the affordability factor i also when you went through can you go back to the screen that had the pink and the um zoning the overall city map yeah even even with these i'm still squinting i don't know thank you is there a way to make it bigger no uh ariel while you're looking max you know hi michael so i've got a quick question about how the bonus units would count like would they count as our flex or redevelopment units no no so they would be a additional okay so if they want to just use easy numbers if they want to propose a 36 unit building where it's six moderate income units and then 30 bonus units it would only count as six flex units um i know you're trying to simplify it but say again please maybe i'm making it more complicated yeah so if they want to build a 36 unit building for example and how many are permitted by right huh so in your example how many are permitted by right well if it's a commercial zone zero okay um so then the the formula says that for every moderate income unit they get six bonus units right so if they want to build a 36 unit building where it's six moderate income units and then 30 bonus units it only counts as six flex units now correct yes okay that that would only be five to one it'd be six to one but sure in your example in your example if you got six you had six market rate you would get 36 so if you get six medium and moderate income and then 30 bonus oh no you get 36 bonus right my math was off yeah 42 unit building right okay that was my main question the the second actually come back to me because i lost my chair okay arielle did you figure out what you wanted to what you were looking at i'm still squinting it's fine i wish it was like zooming a little bit more but it's good thank you joshua um in in policy 2.16.4 it mentions arterial roads that are commerce right or that are designated commerce are there areas that we have identified plantation that meet that criteria that aren't included in this map i didn't understand the question i'm sorry for the record dan homes planning zoning economic development director the county the county policy allows for this to be used on any within a quarter mile of of any arterial road that's designated commerce i'm asking are there areas in plantation that meet that criteria that aren't highlighted on the map uh probably not i think most of those areas would be highlighted there um i i just want to add something to uh the the map that you're looking at because one of the things that we've tried to do uh is first off you know we've tried to protect the single family uh residential areas and the character of those areas as well as we move forward with growth the question for us is you know we're going to continue to have net in migration as showing up right now so we're going to continue to have growth within broward county plantation in general so the question is how do we best shepherd or locate this growth within the city so we're trying to do this uh kind of in a smart what i call smart growth principles uh so to speak so the first thing we one of the things that we really took a look at here was we've already identified midtown as one as our sort of urban district so that would be an appropriate location that we would allow you know density to to take place in uh also the local activity center which is the state road 7 corridor as well so that's why you kind of see that highlighted we then took a look at broward county's primo uh transportation plan okay because one of the things that local governments and the county's expecting local governments to do is to kind of look at their land use and look at the county's uh transit plan and we should be kind of locating our density along the transit routes so that we can uh you know um kind of you know it would be a benefit for residents to be located in that area would help reduce traffic people jumping in their cars it'd be convenient to the use of transit particularly for those who are low income or moderate income individuals many of whom often do not own cars so we should be putting these individuals closer uh to the transit routes and so and particularly uh in the county's primo plan one of the areas and you know there's a lot of people still trying to wonder whether we're really going to get to that point where we really have uh transit you know rail uh transit or light rail in the county i don't know if we'll get to that point we will i think at least get to bus rapid transit that's something that's very doable without much improvement and one of the routes that they identify is of course coming down broward boulevard from downtown it would then kind of go north on the state road 7 corridor uh to commercial i mean to to sunrise and all the way out to sunrise to what they consider a major uh you know uh generator out to the to the uh the sawgrass mills mall and then you also have the um the panthers uh the bbt is it still bbt i think they just yeah yeah i can't i can't keep up they keep yeah they keep changing these names so much i can't keep up so whatever it's called today so um so you know so you see us looking at that sunrise boulevard uh corridor to kind of also to absorb some of the growth again this helps shepherd you know uh more development away from our residential single family areas to move it to uh prioritize uh areas that we think uh will be in line with more smart growth principles for the city so that's i just wanted to add that to the discussion as to why you see some of the areas there that you see as well thank you max so i remembered my question which is i'm a little confused about when this would be by right versus when it's discretionary approval um so our flex units correct me if i'm wrong our flex units when we allocate them it's always discretionary at least right now it is uh but this policy 216-4 the way that it's written is it requires us to permit it by right at least when it has affordable units in it no flex units will always be uh something that discretionary the council has a discretion as to whether they want to approve it or not so it'll always come before the council the council can look at the plan and look at how they what they're proposing and they can either approve it or not there's no vested rights to anyone you know to come in and say i want to use your flex units we've also as as uh mr albert has indicated so we're adding some additional rules to if you want to use the city's flex uh units then we have some goals there where we've talked about uh for housing affordability and some other goals that we're looking at there so we're saying hey right right sustainability so if you're going to use these units which kind of affords you uh benefit of not having to go through a full-scale land use plan amendment save you lots of time then we want you also to try to meet some of the city's goals as well so that's why we've added some of those rules in as well as part of the requirement if you're going to request to utilize flex okay just because i was reading 216-4 the county's uh amendment and and it's a little weird where it says that it must be by right but it also says that the city must have a public hearing on it so that's kind of uh contradictory to me yes gotcha it is by right doesn't necessarily mean no hearing for example site plans they could ask for a site plan approval without any waivers or variances it still has to go to our council for final approval so by right doesn't necessarily mean administrative approval okay uh for for me i was uh wondering if there was the income range just what's considered moderate income low income or in very low income it is in the county plan okay yeah michael i don't want to because i think the midtown area and i think the 441 i think that's great and i don't want to nitpick it but i'm going to um so if we're talking about in the sunrise while i don't necessarily agree with the omega area there why was the motorola the old motorola campus completely carved out of that i mean that seemed like if you're going to do something like this that would have been perfect to have it included it is included it is yes whoops one with the yellow hang on one minute the one with the yellow dashed looks like it goes right around it no yes you're right and there it does so that's why i said we need to clarify and correct some of these but the intent is you'll see it here um this large area sorry my pointer's not working so i'm going to go ahead and point to it right okay so i guess the two the two different ones so the yellow one yes excludes it yes we realize that there were some inconsistencies with these maps and that's why we're not we're saying we're not adopting that tonight but we will clarify them and correct them by the time of the council hearing but that is the intent the plantation point property which includes motorola would be included within that and why the little pockets you know kind of scattered all over the place i mean if we were going to do this why wouldn't we kind of keep this consolidated to the three or four major areas so for example you're talking about along broward boulevard sunrise cleary there are some pockets of those are those are properties that are commercially zoned so technically they could be benefit in the future if somebody wanted to do a mixed use project there perhaps so they would generally meet the criteria but they fall outside of the priority areas so with the code amendment that you have alongside this comprehensive plan amendment we have criteria that we established that would incentivize and kind of target the areas where we we would have allocation to to try to get them to do mixed use preferably vertical mixed use sustainable um and uh and so forth so that may most of them will probably end up on those on these priority areas but it's potentially possible to do that in some of the smaller commercial areas and that's why we wanted to open it up to that i want to add something additional to that let us not forget the live local act that's out there as well those parcels that you see are already opened up to greater development just by the nature of what the the state legislature did uh to local governments would live local so whether it's in our plan or not the state is gonna would allow uh you know more intense development on those sites as well but probably not to this extent we're kind of taking i don't know this would probably be um yeah it'd be about the same actually right right so yeah thank you to that point when we're talking about the priority redevelopment areas the max is listed as 25 per acre for those which is basically the city max but uh with the bonus density for affordable housing that could go to the county max of 50 is that correct that's going to be as far as it can exceed yeah it could go there i doubt that this uh body uh but would would approve that we like i'm thinking for when none of us are on the dais and none of the city council members are in their seat and the mayor is in that seat either um we're crafting for the future in this case which is why it's part of the comp plan so the reason why i ask that is because if we're able to with this affordable housing go to 50 per acre the effective density on some of these parcels depending upon how they do it if they dash line or something like that could be much higher than what they actually are or what what we intended so just to verify max's point as written it is only if approved it is not an entitlement on the part of a developer once they say affordable housing that automatically have to start rolling these through right it is going to be at the discretion and nobody gets to claim affordable just to jack density that's correct okay the the the council still has the discretion as to whether approve it or not now as i say we still have the live local act out there which is a higher threshold they could probably still get to uh that even though they would be limited to 25 they could still get to because our max right now uh within the city is a maximum density of 25 they could still do pretty uh you know uh dense development on some of those sites no question but they have to meet that minimum uh 40 percent you know uh affordable housing affordability criteria um as far as the information that was included and you somewhat alluded to this by creating this revised map relative to the yellow dash line maps but can you tell me why the zoning map that was included in the background information is the 2016 zoning map do we not have a more current one we we do but that's a document from our comprehensive plan so we have not changed those documents yet that's coming in a few months so is that in essence that's the existing legal use map okay cool as far as being in the comp plan currently yes all right and it will be updated as far as this whole comprehensive plan awesome i have a quick question for clarification about the the maximum density because from my understanding the brow county land use plan this the geller amendment um the 50 uh units per acre maximum density was only if we applied it to a residential land use area whereas if it was a commercial the county doesn't have a limit on the maximum density am i wrong you know what i don't know i'd have to take out that i'm not sure i have to go back and look at it there's a distinction between that i believe it was if it was if it was a the distinction between i believe it was if we wanted to have a portable housing within residential land use that's a 50 unit per acre max that that might be correct i know there is uh there are uh some limitations on that so i don't recall what it is right off the top of my head yeah because i think that applying it to to non-residential land uses uh there's no maximum density by the county it's whatever maximum density we have as long as it's higher than 25 per acre you mentioned uh vertically do we have any um information on what they're suggesting as a max or minimum vertically if we're going to be expanding that way what i meant by vertical is vertical mixed use so you would have shops on the ground floor and and the residential above it is there a max limitation like whatever the zoning district allows unless they go under the live local act where they get you know i think we explained at our august meeting they could be comparable to the height already of an existing building within a one mile radius okay so it's governed by the live local act and our current code restrictions on the zoning district of the property yes because i think that will be something that people would have a lot of um suggestions for or opinions on understood thank you yep um to that point in the document it talks about integrated mixed use as a preference um kind of take issue with that because when we talk about integrated mixed use now mostly people think of kind of the buildings that are behind the fountains where you have residences up top retail on the bottom that works in a fully urbanized environment where you have people who move around by foot or by bike there's a reason why that retail is not occupied in that particular building and why many of the ones around the country and particularly south florida aren't because we're such a car heavy society so i i wonder about requiring integrated mixed use as a preference because the developers would just default to that particular plan as opposed to trying to find a creative use for truly integrated mixed use is there any way to tighten that or frankly loosen it so that that is not or or maybe clarify what you mean by preference so is that's that's not what we get or a bunch of buildings that are dropped in with straight retail bottom yeah okay um and so yeah in just in response that i think it does say by preference but it doesn't mandate that and also you have to keep in mind that in commercial corridors where they're asking to use this it's along what should be tod and within the quarter mile of the archival roadway so in theory we should have more foot traffic if these were to be utilized than currently this is not i'm saying this wouldn't apply yeah to like the middle of a of a residential neighborhood true but your point nonetheless i just wanted to and yeah that that is a good point it's just that because like that particular property sits within a quarter mile of university it's it's like one of those that it's just i want us again to try to consider this so if we can somehow just keep that in the back of our minds i'd like it currently that's the exception it's like an outpost right versus like if there was a string of these maybe they wouldn't it wouldn't be so lonely true true except i'm looking at something that's right next to a shopping plaza that actually halved its entire inventory in order to create it because arguably there wasn't that retail space or retail demand right there so i just want to caution on putting up places that might stay vacant on the bottom floor which then winds up being an issue if we can think of a more creative way to use that from a mixed use standpoint not just automatically think retail that's it's not automatically retail for example retail is different than restaurant retail is different than hotel retail is different than office and entertainment right we all know the world is changing with with regard to that you're seeing less stores per se you're seeing more restaurant and entertainment uses the office market while plantation has an excellent office market nationwide they're reducing their building sizes right and so forth so i think what's what the intent here is to say we prefer to have integrated vertical mixed use not to say that it's going to be 100 stories we're not saying that but in in terms of traffic of trips it it's helpful to have mixed use because you do have some people that are right there that don't 100 agree those types of things so while each project comes in asking for flexibility units aside from the live local just say it's it's a project that's not taking advantage of the live local act at a case-by-case basis they would come before planning and zoning and before the city council for final approval and these are standards that that you all as members of the board or council would look at are they is it a good location is it a good mixed-use project are they building sustainably those types of things so these are frameworks that we currently don't have in our code that we wanted to promote and try to get better projects well if they're asking for something yeah i just wanted to also point out that this is in things that are currently zoned commerce so the idea is not to displace the commerce and turn into residential but to keep that you know right true but it's going to be turning into that residential commercial combo and to that point there's an order to my madness 19-67 b1c which is located on page 199 in the packet what it says is residential neighborhood commercial flex sal be considered only in priority redevelopment areas awesome the pink right up there as designated by ordinance or adjacent to such redevelopment areas where the property's future land use designation it joins a redevelopment area on two boundaries so looking at this picture i see a lot of places where those the pink bounds two sides think of it like two sides of a trunk of a square um so does that mean in those areas if those designation designations change does that get added to the flex as part of the ability to use these units could you repeat the section yeah 19 is this in the comp plan amendment or the text uh it's probably in the comp plan amendment okay uh or no the code sorry uh it's 19-67 b1c okay so my question is based on this map where could you see this coming into play um as things change because it seems to me like that says residential commercial flex is only going to be used in the pink area unless there are two sides that are bounded in which case we could expand it yeah i could see probably a rare case yeah probably a rare case but i guess is there a way to do away with that rare case and just lock it down so that we don't have the two sides cool yes we could look at that that way we just keep the pink and call it a day awesome all right last little bit once again i'm coming to the well on this one for a long time you've heard me talk about the the uh notification boundaries when you looked at the previous chevron station for example that particular boundary of 300 feet only hits six residential homes so the residential boundaries notification boundaries uh which let me just go to the page number so i can know what i'm talking about uh notification boundaries so for flex application i'm looking at a 500 foot boundary any way to get a thousand foot boundary on that same thing goes for rezoning it's 750 i'd request a thousand site plan amendments uh 300 foot same thing with the use variants i think those should be 500 feet same thing goes for all the previous notifications that are out there um but i've been arguing for those for a while i figure if we're rewriting it let's actually put it in there obviously subject to city council approval if they decide to go through with it but do you all see a problem by extending that boundary i get that it presents maybe possibly a problem for the developer but frankly as you have made clear we don't have a lot of developable land in broward county if they want to do it in our city i think we should at least notify the residents of it okay um when you had brought that up last time the the board considered it but the council did not agree to increase any of them except for the land use plan amendment and i don't believe that the table give me one second it's like on page 214 of the packet okay if your pages are numbered the same okay we can propose those changes and um it's all i can ask the board would like to see that and then we'll see the council proves it part of the motion if everyone agrees obviously just so it's clear on the record when that time comes just to keep it uh consistent and to summarize the changes it was to mandate that this policy can only apply to the pink areas like to get rid of that bounded on two sides and then it was to increase the notification boundaries right those were the two correct okay purposes of a motion to to that would it be just to strike section 19 point i don't remember 67b1c or is there more in that section mike i don't i don't have it in front of me okay there's more to it so just that just the bounded by two sides okay all right um that was all my questions or comments from dais anybody else all right public comments on these two items are closed no they're not anybody from the public want to speak on this thing what very well according to robert's rules of order i would now like to open these two items to public comments would anybody in chamber like to speak about them good evening donna mccormick 1201 northwest 114th avenue plantation acres i want to thank you danny for your leadership and mr albert for all your hard work obviously we feel listened to and by the definition of we i'm talking about plantation acres but not only plantation acres the entire single-family homes all of the single-family homes in the city of plantation so it goes to show that yes you can speak up you can be heard and people can work to make sure that we come up with an appropriate solution and for that i'm very appreciative mr chairman i like your suggestions also about expanding the notification because that is always an issue where people do not find out about changes because they're not in close enough proximity i think this is a great document i look forward to it going before the city council i'd like to thank the residents of plantation for speaking up and for all of you for listening thank you very much no applause uh anybody else anybody online now i'm going to close comments so do i have a motion do you want to say it with your tell you what i'll make the motion to approve subject to the removal of the adjacent adjacent bounded by two sides in section 19-67 b1c and changing notification boundaries for flex and rezoning to 1 000 feet site plan amendment use variance to 500 feet second that is within item three yes oh two would be just straight up it's just straight up approval or not sorry so i'll do three i withdraw my previous motion i move to recommend approval of item two second we have approval and second for number two please read the roll mr speer yes yes mr stalk yes miss denby berger yes mr corman yes mr freeman yes mr goldstein yes mr mcintosh yes thank you and now when it comes to pp23-005 second i make a motion to approve subject to the removal of the words adjacent bounded by two sides in 19-67 b1c and changing the flex and rezoning notification boundaries to 1 000 feet site plan amendment and use variance boundaries to 500 feet second we have a motion a second please call the roll mr speer yes mr stall yes miss denby berger yes mr corman yes mr freeman yes mr goldstein yes mr mcintosh yes thank you i'm back here number four uh pp23-0037 an ordinance of the city of plantation florida pertaining to the subject of zoning and land development specifically pertaining to updating development procedures throughout the city code of ordinances including the elimination of references of the plans adjustment committee board of adjustment and landscape review board staff if you would good evening again michael albert the city is in the process of updating updating the entire city code of ordinances city administration and planning staff desire to eliminate the plans adjustment committee also known as pack as one of the authorized boards committees in addition the board of adjustment boa and the landscape review board lrb are no longer functioning boards since the 2021 update of chapter 27 land development regulations the board of adjustment mostly was to approve homeowner variances and the landscape review board obviously landscape plans both of those since 2021 became part of the role of the planning and zoning board consequently staff has reviewed several chapters to delete references to pack boa and lrb and to find other ways to streamline the code furthermore we have cleaned up and clarified various other development review processes in these chapters including portions that is specific articles and sections or subsections of the following chapters one two five five and a half eight nine ten fourteen nineteen twenty twenty five and twenty seven i'm doing this for you quentin speeding it up what is pack the plans adjustment committee is tasked with approving certain application types so that they do not have to be heard by the council or the planning and zoning board including certain minor conditional uses certain minor site plan amendments and certain minor use variances that have not been approved by the director pack is composed of the mayor the building official and the pz ed director all three must attend in order to have a quorum so it's a regular public hearing just like this meeting this ordinance would provide for the pz ed director to make a determination as to whether an application should be decided by either the planning and zoning board or council so in other words most of them would be administrative approval if we felt that it was warranted to come before planning and zoning or city council for a decision we would do that and we already have a procedure in place called the call-up procedure so for example an application that's considered a minor development approval which we have the director has authority to approve after we finalize our review we send out notices to all the council members as well as all the people in the surrounding area per the radius which is 300 feet and if after two weeks if we hear from residents or council members we would like to see this item and hear it at the council meeting that procedure is already in place and that's been used several times so this would function accordingly so the current functions of the pack would fall under administrative with the potential to go higher than than administrative approval in in every case the minor development reviews the drc development reviews the plan the items that come before you planning and zoning board and city council they are reviewed by the same people we have members of the review committee from planning landscaping engineering utilities police fire review every single application so it's held to the same standards design standards and criteria and so forth and therefore we feel confident in most cases we can approve those administratively but in some cases we will take beyond that to a higher hearing level so here's an example of one of the tables that we we changed and the basic change here was there's administrative approval for conditional use less than 2500 square feet subject to the call-up procedure the administrative approval with discussionary drc review and then the pack review so if it's over four thousand but less than six thousand square feet it would be subject to pack review with this change it would fall under administrative with discrep with the director's discretionary decision to send it back to the drc to review it so staff recommends approval and is recommended that the planning and zoning board make a finding that the proposed amendments are consistent with the comprehensive plan and therefore recommend approval thank you any questions or comments from the dais sorry folks um all right i've got a list of them i apologize i'll try to go through quickly exhibit c uh has to do with temporary structures with regards to like construction and stuff like that i imagine that means a container or one of those it does not mean a container home it means similar to the pods correct that's what i was thinking right but uh we took the uh the limit and expanded it to potentially yes by my math 120 days when you take this correct emergency use and all that so that's four months out there uh with i'm just thinking if i'm the neighbor because it happened to me uh who's the enforcement body on that building official and so anytime the building official would visit the site that would be something that they're looking at uh to mandate the removal of it because it says remove and then a couple days later you can bring it back does that clock start again uh as far as removal and coming yeah so you mean the gap in between the requests yes so you could just kind of keep a gap and keep going for 120 days at a time no does it you feel it's written that way that wasn't the intent okay i okay if somebody could just take a look at that and see if i'm wrong i would love to be wrong on that but that's how i read it and the reason we're requesting this changes code enforcement and building department receive a lot of requests from people that are actually doing this 14 days is not long enough for many of them they're doing construction work in their home that type of thing so we thought it would be fair to increase that time frame a little bit and if there were adequate justification that staff would find then we could increase one one more extension beyond that that's the intent of the change okay it's not the intent for it to be there for a very long time obviously and yeah as always most of the people follow the rules it's not a problem i'm just there's always wondering about the people who aren't absolutely um just to verify we removed smoke and heat detectors because it's now under state law it's yes it's inconsistent with nfpa and the fire marshal and fire department and fire chief said that that was okay to remove that section got it um in exhibit f there's a definition of accessory structure uh which is only for parking units does that in light of the adu rewrite code edition that's coming up is that something that has to be addressed or are those two actual different things and we're okay with it i get that accessory dwelling unit and accessory structure are two different things first of all which exhibit literally my computer decided to tank exhibit f no yes exhibit f and the definitions okay what code section it's a definition of accessory structure and used throughout that well it's it's within it i would assume it's used without because it's part of the definitions and it just says it's used it's only for parking uses okay so what would that be like a carport a shed oh i see you're in division three definitions yeah so this is in chapter nine the floodplain ordinance um we actually didn't change the definition it was more of the formatting um all of our definitions are instead of shall mean or just is it's we're we're trying to standardize them all to say the word and then means right so in this particular case but the wording itself didn't change from what's existing but yes when we looked at the adu ordinance there were several exhibits that related to definitions of accessory structure accessory building and so forth i'll look at that to see if we're being consistent here all right yeah uh just two more exhibit i grandfather invested rights for vacation rentals so yes talk to me like i'm three years old uh we are proposing to remove that section so basically means nobody will be grandfathered in they will have to comply with all vacation rental ordinances correct okay cool when it was an originally adopted in 2019 dan yeah 2019 um that provision was in there and then it remained in there when we amended it in january um we don't want people taking advantage of it so we're removing it we're proposing to remove it cool and any problem with the state's preemption laws with regards to eliminating grandfathering we don't believe so okay cool uh last thing uh i say second last thing exhibit j is it complete because there were rows of stars across things like uh definitions the stars are used to separate so instead of putting the entire section there might be a whole bunch of paragraphs that were not changing anything so instead of including all that okay it's kind of breaking it up and i probably should have done that with exhibit n which was huge well yeah and as i was reading through that one i was like there's not many changes here not okay yeah there's sections where there's nothing so sorry for that uh and the last thing is subject to what we just did uh there's a notification radii table in exhibit j that hopefully the same changes will be made understood you mean exhibit and maybe i didn't i didn't write down the exhibit like i said i totally lost it it's page 371 of the packet there actually is some crossover between this ordinance and the one you just uh approved with 1967 so trying to make sure everything's consistent at some point but before it's adopted that works okay i've got nothing else now i would like to open this up to public comments is there anybody in the chamber who would like to speak i have any paperwork vicky alfa 9381 northwest 18th place plantation first thing is when you're on the dais and you're speaking to each other could you also make sure your microphones are on so we can hear what you're saying to each other that's all i'm asking that with regards to the plan adjustment committee um i put in several years ago maybe eight or nine years ago a screened enclosure in my backyard and because the people that i purchased the home from had put in euro tile and did not get a permit i had to go before the pac had a cost of personal cost of 250 what are you going to do for the next person is that you're going to completely get rid of because i had the mayor and somebody from p and that was an engineering they what right and they were all there so now you're getting rid of that what are you going to do to check out people that are doing what i did and i did it follow the rules they said you have to go before how is that going to change if you're taking it out what's disappearing is the actual committee it does not the need to get it reviewed to make sure it's legal so there's not going to be there will be a process it just won't have the pac committee anymore thank you happy hanukkah to everyone any other questions from the chamber any online all right public comments are closed do i have a motion motion to recommend approval second we have an approval and a second please call the roll mr speer yes mr stall yes miss denby burger yes mr corman yes mr freeman yes mr goldstein yes mr mcintosh yes thank you all right i am 17 sure that we are done any other business to be had our next meeting is january 9th that's all that's good to know thank you all right this meeting is adjourned you