Welcome, everybody. I apologize if there's a little bit of feedback in these microphones. They are getting fixed tomorrow. But at this point, I'd like to call to order the planning and zoning meeting for the City of Plantation, November 7, 2023. City Clerk, would you please call the roll? Mr. Spear? Here. Mr. Stahl? Here. Ms. Demby-Burger? Here. Mr. Corman? Here. Mr. Freeman? Here. Mr. Plass? Here. Mr. Goldstein? Here. Thank you. All right. First item is approval of meeting minutes, October 3, 2023. Does anybody have any changes or alterations? Motion to approve the meeting minutes. Second. We have a motion and a second. Would you please call the roll? Mr. Spear? Yes. Mr. Stahl? Yes. Ms. Demby-Burger? Yes. Mr. Corman? Yes. Mr. Freeman? Yes. Mr. Plass? Yes. Mr. Goldstein? Yes. Thank you. All right. Public hearing, the first item up is PP23-0035, an ordinance of the City of Plantation, Florida, pertaining to the subject of zoning and land development, amending Chapter 27 of the City Code of Ordinances, specifically amending Section 27-105A, entitled Accessory Dwelling Units, ADUs, and Mobile Houses. I thought we were going in reverse order tonight. I thought that's what you all had decided. We had talked about it. I hadn't, in essence, but... I think they're here. That's all. All right. Then we're going to amend that one, and we'll go from the bottom of the agenda, which is going to be a quasi-judicial item, PM23-0084, consideration of a request to approve a practical difficulty waiver for the Rodriguez residents. The property is located at 1217 Northwest 107 Terrace and Zone PRD 9.4Q, planned residential development. Would you like to read the quasi-judicial statement? Yes. Thank you, Mr. Chairman. I'm not sure if I'm getting picked up or not. Not even in the recording? In the recording? Is it picking up? So as long as it's picking up in the recording, I think we're good. So I'll be quick. Thank you again, Mr. Chairman. This is a meeting of the City of Plantation's Planning and Zoning Board, and tonight we have a quasi-judicial item. The board is here to decide the application that's being presented, which is a practical difficulty waiver. For purposes of the hearing, quasi-judicial matters require that any testimony or documents be presented and entered under oath. At the close of my remarks, I will ask the parties who are planning on speaking on this item to stand and be sworn in. The order of the business will be the City will make a presentation. The applicant will have the opportunity to present any additional information. Members of the public or affected parties, do we have any affected parties, first of all? We have no affected parties, so members of the public may come up and speak if they have any additional relevant testimony. At the conclusion of the testimony, the board will consider the testimony and evidence and make a decision based on those evidence and testimony. Now, with that being said, if you have any evidence that you plan on presenting tonight on this practical difficulty waiver, please stand and be sworn in. You raise your right hand, sir, ma'am. You swear firm. Yeah, they are the right. Testimony will be the truth, the whole truth, and nothing but the truth. Mr. Chairman. All right. Thank you. Staff, if you would like to present, and then we'll give the resident a chance to, and we'll go from there. Good evening, board members, city attorneys, city clerk. Anna Restrepo, Planner 2. This is a practical difficulty waiver for synthetic turf. The property is a single-family home located at 1217 Northwest, 107 Terrace in the Fountain Spring Planner community. The city sent out notices to the surrounding properties. So far, we didn't receive any comments. After being issued with a color enforcement violation, the property owner applied for a building permit to legalize the work that had been done without a building permit. Recently, the city approved amendments to the landscape design standards, including regulation for the use of artificial turf. Now, I will turn over to my colleague, Indelie Brown, Environmental Land Supervisor, to go over the request and provide with the recommendation of staff. As she stated, Indelie Brown, Environmental Land Supervisor. So, request number one, section 27298, synthetic turf, A, to not exceed 10% of total landscape pervious area. Also, B, 18, limits area of all non-living hardscape material to 10%. Two, allow synthetic turf and other non-living hardscape materials to be about 31% of the landscaped pervious area. Also, request number two, section 27298, synthetic turf, B, 9, synthetic turf requires a five-foot rear and side yard setback. Two, reduce required setbacks from five feet to three feet on the rear yard, which is the west, and five feet to zero feet on the side yard, which is the north. This is the front of the house, on-site photography to your left. To the right is the south side of the house. Existing fence and landscape buffer on the same south side. Existing setbacks, as I mentioned, the side yard is to the west, and the rear yard, um, the rear yard, beg your pardon, is to the west, and the side yard on the left is to the north. This is a rendering decision of the applicant's proposal. The applicant, um, provided area calculations. Staff conducted our own calculations, which would need to be amended if, um, the board approves the application in their billing submittal. Engineering department provided impervious-pervious calculations, which this, uh, request does not exceed the 65% threshold. The applicant has a son with an allergy, and they provide a medical report. So, we recommend approval subject to the following. The side setback to be three feet in lieu of the existing one foot. Zero. The record. Three feet instead of zero. This is, uh, on-site photography of that area highlighted. There's a, um, palm tree that was removed by ownership, um, and after the fact tree removal permit will be required to through my department, through my department, or an arborist letter. There is a state statute 163.045 that allows homeowners to remove trees and palms that pose risk. If that arborist letter was acquired at the time of removal, that would suffice. Otherwise, the tree removal permit will be required, and monetary mitigation can be their option. The applicant also has to legalize the expansion of the rear patio under the existing permit, B2302685, which is currently on hold, that prompted this, um, the applicant's proposal is 867 square feet. The allowable area per zoning code is 280 square feet. The rendering on the right shows what would be permissible. Any questions? That would be the conditions correct. The inclusion of the three foot setback, the building permit, um, resubmittal, and the after the fact tree removal permit. Mike, Mike Laupert. Um, they have a building permit process in, in process already. So whether or not the, the waiver is approved, they would still have to, if this waiver is not approved, obviously, could make it conform. If it is approved, then it would, with what our recommendation is. And also with regarding to the tree, it can all be, happen in the permitting process, regardless of whether, right. Yes. Right. But regardless of whether this is approved, there's still a building permit process to where this would apply. Come on, please. If you would just, obviously, state your name. We know your address. Um, good, good evening. My name is Mario Rodriguez, owner of the residence. Uh, yes, I, I've read the documents so far and the, um, everything that's put together by the planning and zoning board, the review comments. We have no objection with that three foot, um, extension there. So cutting back and creating that, the buffer. Um, as for the, um, the building permit, as you heard, we already have one in progress, which really was what prompted this planning and zoning review. As for the tree permit, um, and I've talked to this already, um, that tree fell down during the storm a year and a half ago. I've got some photographic evidence and I can work with the team on the landscaping side to provide that evidence. Um, the palm tree was extremely large. It was a great tree. We loved it. But, um, unfortunately that came down and snap halfway and, and actually into our house, uh, thankfully no damage. So that's, we, there was no choice at that point. Do you have any problems meeting the staff's recommendations for everything that's going to be done? Uh, not, uh, and as I understand of the, the three or the recommendation to cut back on that side, correct? From a change in what we've already put in place, I understand that that component, which I have no problem complying with. Was there something I? Mr. Brown, if you could clarify, I think that wasn't, wasn't there something about, uh, with regards to that tree, not only doing the retroactive tree removal, it's something about a replacement. Correct. Um, into the ground. So, the tree removal permit, this all is an effort to develop a good rapport with the residents as he's applied for this, um, request. It's, uh, to avoid code enforcement. Now that I'm aware the tree was removed, even though it's justified, there is no, uh, account, account for that tree being removed permit wise. So, we would have to have the permit or open the code case. So, if we get the permit now, it just would satisfy everything. And the mitigation, which is your inquiry, is, um, we can offer for single family residents, 450 for replacing the tree monetarily. If he wants to replace the palm on site, which I don't believe is feasible, you know, um, that's their option as well. But we do offer that courtesy to have the after the fact permit and the mitigation of 450. And are you okay with that aspect of it as well? I guess that's one part of it I wasn't aware of, and I'll just have need a little more time to understand what the mitigation cost is. Like you mentioned, is replacing the tree at this moment of that size would be not doable. Well, I mean, yeah, there's the problem of that and where, where it would go there. So, the city offers the chance, in essence, to pay into a fund that allows us to put a tree somewhere else. Am I getting that one right? In theory, that does, uh, give us budget for education and mitigation elsewhere. Um, to answer his question, the replacement tree wouldn't, replacement palm, rather, would not have to be that size. It's a minimum eight feet clear trunk. So, if there is a, during the tree removal permit, they'll have to show the area in which they're located in the replacement tree sustainably. We're not going to throw it somewhere that 10 years later we want to remove it or offer the mitigation. So, usually. So, based on that and based on the potential for further conversation with the city, you would be willing to go down that route with the palm. Yes. If it's a tree of any sort somewhere in the property, then I was more concerned about having to replace something in kind. Yeah. Okay. I won't say that much. Any other questions or comments? So, it would be $4.50 and then he wouldn't have to put a tree there. So, he could add it. All right. That would substitute. That would be the monetary mitigation. Okay. So, it's either or. So, are you okay with the $450? Would that be feasible with the additional three-foot? Would that be all feasible to you? Yes. Yes. And really, that's, I think, part of the permit, it would be something that I'll work with. And definitely evaluate it. And if we could put a tree back in the property that mitigated, that avoid the mitigation. I'm willing for both. So, either or. Either replace a tree on site that can account for it or you'll go through the mitigation with the city assistance. Okay. Is there anything you'd like to add or tell us about or add color to this event? I mean, I guess my big question is also, that's a lot of artificial turf to have put down for a peanut allergy. Yeah. So, and part of it was the intent to keep it clean. We couldn't get a lot of the grass to grow and the grass that was growing in there. It was hard to keep in a condition that our son could play. The replacement of the concrete was also kind of something we had to do because the previous concrete had gone through multiple tile replacement and was splitting, cracking, sharp edges all over the place. So, we never really could play or use the yard much with our son. And since it has, I understand it seems like a lot. From a square footage perspective, being a small yard, it's trying to make the most use we can with our son. You know, it's not necessarily one of those peanut allergies where it just gets a little high. We ended up in the ER within a couple of times. So, just trying to avoid that. Got it. And I appreciate everybody's consideration. I know this is not the ideal scenario that this review would have happened. And I appreciate everybody taking time to review and consider the best possible a waiver. Any other questions? I got one for staff. Possibly the engineering department. Because we talked about this when this came up. Do we know, does this meet the specs that the city is looking for with regards to artificial terms? Good evening. Samira Shalan, city engineer. This is after the fact permit. So, there was no way for me to verify that it was installed per the manufacturer's spec. The manufacturer's spec was provided part of the pending building permit. And we will provide a final inspection once the permit is issued. Perfect. Thank you. Any comments from the audience? All right. Discussion is closed on this one. Do I have a motion? I move to approve with staff comments. Second. We have a motion and a second. Please call the roll. Mr. Spear? Yes. Mr. Stahl? Yes. Mr. I'm sorry, Ms. Dembeberger? Yes. Mr. Corman? Yes. Mr. Freeman? Yes. Mr. Plass? Yes. Mr. Goldstein? Yes. Mr. Goldstein? Yes. Thank you. Congratulations. Wherever you are. There you go. Congratulations. All right. Now, backtracking. We'll go back to public hearings. PP23-0035, an ordinance of the City of Plantation Florida pertaining to the subject of zoning and land development amending Chapter 27 of the City Code of Ordinances, specifically amending Section 27-105 alpha entitled Accessory Dwelling Units, ADUs, and Pool Houses. Staff. Good evening, Board members, City Attorney, City Clerk, Michael Alpert, Assistant Director. Florida Statute Section 163.317712A defines ADUs as an ancillary or secondary living unit that has a separate kitchen, bathroom, and sleeping area existing either within the same structure or the same lot as the primary dwelling unit. This is something that was presented to you previously. We've talked about as part of our affordable housing strategies. So this is one of the strategies for the missing middle. This shows in yellow some ADUs alongside the homes, the compatibility with the neighborhood. There's various types of ADUs. It could be an addition on the ground floor, an addition on an upper story, or, of course, a separate structure. There's many types of accommodations there. One of the greatest challenges that homeowners face with building ADUs is government approval and permitting. Overall, 50 percent of homeowners nationally found it difficult to build them to their cities or counties' development standards. ADUs can increase property values, generate revenue for property owners, and increase density within our residential neighborhoods without changing the character of those neighborhoods. So the City's requesting amendments to the following sections of Chapter 27 in order to provide for all single-family and dual-family properties to allow accessory dwelling units. 27-11 definitions. 27-72 residential zoning districts. 27-92 planned community development zoning districts. The bulk of this ordinance is focused on the section of 27-105 specific use regulations, which was the guest house section and is now modified to the accessory dwelling units. 27-296 accessory uses and standards, and 27-310 accessory buildings and structures. So, not to go read this. It's a little hard to read, actually, but some of the benefits of accessory dwelling units. I don't know if you can read that from where you are. They meet a range of housing needs. They promote intergenerational and multifamily arrangements. They optimize collective infrastructure, create additional income for both cities and homeowners, reduce urban sprawl, and foster sustainable cities. So the process, this ordinance complies with the State of Florida's affordable housing strategies, Florida statute 420.90764E, to help our community provide more housing options for our residents. In December of 2022, and this was in your backup, the City Council approved this concept as part of the final AHAC report, which we submit to the State of Florida's Florida Housing Coalition each December. On July 6th, the Affordable Housing Advisory Committee, AHAC, recommended approval of the draft ordinance. And then on July 18th, this board heard this item and suggested some modifications in order to address the board's questions. So we conducted research and we tried to address the concerns that were brought up, not only by this board, but staff and others to try to make this a better ordinance overall. So this ordinance replaces the existing ADU regulations, which are characterized as guest houses, that may only be utilized for family members or household employees. So in consonance with the statute, allows for full kitchen, allows ADUs by right rather than by conditional use, allows them in every RS residential single-family zoning district, our RDL 6L duplex district, and the planned residential development residential districts. Provides that ADUs may be occupied by family members as well as unrelated people. Here's an example of what we're talking about requires. So this ordinance also requires at least one bedroom and one bathroom, but no longer has a maximum number. But in relation to that, increases the proportionate size of the ADU with respect to the primary residence, from a maximum of 25% to 50%, but with limitations on minimum of 500 square feet and a maximum of 1,250 square feet. If you recall a few months ago, considering some of the larger homes that we have in the city, do we want ADUs to be as large as one of those homes? So we talked about limiting, giving more options for the homeowners, but within reasonable size frames. Maintains existing structural front and side setbacks for the home, but allows a minimum rear setback of 10 feet, so a little bit of flexibility. Does not require extra parking spaces provided the home already meets on-site parking requirements, unless the ADU has two or more bedrooms. Does not impede the homeowner from adding a garage, carport, or driveway subject to the respective standards for those. This ordinance complies with Florida statutes. Adjusts the relevant sections of the code where needed. That's what all those other sections were about. Provides that ADUs may be rented either as short-term or as long-term, but either the primary residence or the ADU must always be owner-occupied perpetually and must abide by the city's ordinance for short-term. And this ordinance does not enforce homeowner association regulations. Just some examples, a home without, although it could also be inside the home, in addition to the second upper story, in addition to the ground level, or a separate unit, many options for homeowners. Staff recommends approval and recommends that the planning and zoning board make a finding that the proposed amendments are consistent with our comprehensive plan and therefore recommend the approval of ADUs. Thank you. All right. Believe it or not, I, for one, have no questions. So I will open it up to the dais. Questions or comments from the dais? Hold on. Questions or comments from the audience? Name and address, please. Hey, Sarah Clark, 10451 West Broward Boulevard. It doesn't sound like this is a real controversial one, but I just wanted to say that I'm in favor of it. It really helps people age in place, helps provide flexibility for people who are young, who may want to live in, you know, a nice neighborhood. Yeah, that's all. Thank you. I do want to make it very clear, at least from my position. Thank you to staff for working on everything that we talked about from July. I think it really cleaned it up and turned it into a very effective change to code. So I do appreciate that. I guess comments are closed. I'll entertain. Motion to approve. Second. We've got a motion in a second. Please call the roll. Mr. Spear. Yes. Mr. Stahl. Yes. Mr. Dembe Berger. Yes. Mr. Corman. Yes. Mr. Freeman. Yes. Mr. Plass. Yes. The next item, PP23-0037. I'm not going to read the whole title unless I have to, because it's going to be continued until the December 5th meeting. We do not need to vote on that one, or we do? All right. Continue it. All right. I'll make that motion to continue it to the December 5th meeting. I'll second it. The December 5th meeting at 6 p.m. in Plantation City Hall Council Chambers. Outstanding. I'll second it. We've got a motion in a second. Please call the roll. Mr. Spear. Yes. Mr. Stahl. Yes. Ms. Dembe Berger. Yes. Mr. Corman. Yes. Mr. Freeman. Yes. Mr. Plass. Yes. Mr. Goldstein. Yes. Thank you. All right. Thank you very much. Any other business? Very well. Barring that, meeting a...