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Southwest Ranches Town Council
Regular Meeting Agenda of March 19, 2009
Southwest Ranches/SBDD Meeting Room 6591 SW 160th Avenue / Dykes Road
7:00 PM Southwest Ranches, FL 33331
Mayor Town Council Interim Town Administrator Town Clerk
Jeff Nelson Freddy Fisikelli Bert Wrains Susan A. Owens, CMC
Vice-Mayor Aster Knight Town Attorney Deputy Town Attorney
Steve Breitkreuz Doug McKay Gary A. Poliakoff, J.D. Keith Poliakoff
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. QUASI-JUDICIAL HEARINGS
Please be advised that the following items on the Council agenda are quasi-judicial in nature. All witnesses who will testify
on any item in this portion of the Agenda will be sworn. Participants who are members of the general public need not be
sworn and will not be subject to cross-examination if they are not sworn. However, the Council shall not assign un-sworn
testimony the same weight or credibility as sworn testimony in its deliberations.
The applicant has the burden of proof. After the applicant’s concluding remarks, the hearing will be closed and no
additional testimony, material or argument will be allowed unless the Council chooses to request additional testimony. The
members of the Town Council will then deliberate.
All evidence relied upon by reasonably prudent persons in the conduct of their affairs may be considered in these
proceedings, regardless of whether such evidence would be admissible in a court. Hearsay evidence may supplement or
explain other evidence, but shall not alone support a conclusion unless it would be admissible over objection in court. The
material in the Town Council agenda will be considered as evidence without authentication.
Anyone representing an organization must present written evidence of his or her authority to speak on behalf of the
organization in regard to the matter under consideration. Each person who appears during a public hearing shall identify
himself or herself and give their address, and if appearing on behalf of an organization state the name and mailing address
of the organization. The Council may, on its own motion or at the request of any person, continue the hearing to a fixed
date, time and place.
No notice shall be required if a hearing is continued to a fixed date, time and place. Any Applicant shall have the right to
request and be granted one continuance; however, all subsequent continuance shall be granted at the discretion of the
Council and only upon good cause shown.
____________________________________________________________________________________
QSI-1. AN ORDINANCE OF THE TOWN OF SOUTHWEST RANCHES, FLORIDA, ADOPTING A NEW,
CODIFIED, AND REVISED PORTION OF THE TOWN’S CODE OF ORDINANCES, INCLUDING BUT NOT
LIMITED TO THE CHARTER, UNIFIED LAND DEVELOPMENT CODE, AND SELECTED PROVISIONS OF
THE TOWN’S CODE; REPEALING ALL PRIOR ENACTMENTS WHICH THIS CODIFICATION REPLACES;
ESTABLISHING THE ENACTMENT DATE; PROVIDING FOR AMENDMENT; PROVIDING FOR THE
PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 2nd Reading
QSI-2. AN ORDINANCE OF THE TOWN OF SOUTHWEST RANCHES, FLORIDA, AMENDING THE FUTURE
LAND USE ELEMENT, UTILITIES ELEMENT, INTERGOVERNMENTAL COORDINATION ELEMENT, AND
CAPITAL IMPROVEMENTS ELEMENT OF THE TOWN OF SOUTHWEST RANCHES COMPREHENSIVE
PLAN CONSISTENT WITH THE TOWN'S TEN-YEAR WATER SUPPLY FACILITIES PLAN;
AUTHORIZING TRANSMITTAL OF THE WATER SUPPLY FACILITIES PLAN AND COMPREHENSIVE
PLAN AMENDMENTS TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND OTHER AGENCIES AS
REQUIRED BY RULE 9J-11, F.A.C; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN;
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PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE
DATE. 2nd Reading
BEGINNING OF REGULAR AGENDA
5. ORDINANCES
ORD-1. AN ORDINANCE OF THE TOWN OF SOUTHWEST RANCHES, FLORIDA, GRANTING A 20’ DRAINAGE
EASEMENT ON A PORTION OF PARCEL A, “PUBLIC FACILITY SAFETY COMPLEX,” ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 174, PAGE 57 OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA; AUTHORIZING THE PREPARATION AND EXECUTION OF THE
EFFECTING DOCUMENTS; PROVIDING INSTRUCTIONS TO THE TOWN CLERK; PROVIDING FOR
RECORDATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE. 2nd Reading
6. DISCUSSION ITEMS
DSC-1. PROFESSIONAL SERVICES CONTRACTS
7. RESOLUTIONS
RES-1. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SOUTHWEST RANCHES, FLORIDA,
APPROVING A WAIVER OF SIDEWALK REQUIREMENTS AGREEMENT BETWEEN BROWARD COUNTY
AND THE TOWN OF SOUTHWEST RANCHES RELATING TO THE SOUTHWEST MEADOWS
SANCTUARY PLAT; AUTHORIZING THE TOWN ADMINISTRATOR AND TOWN ATTORNEY TO
EFFECTUATE THE INTENT OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
RES-2. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SOUTHWEST RANCHES, FLORIDA,
APPROVING A MUNICIPAL LEASE AGREEMENT WITH TOSHIBA FINANCIAL SERVICES FOR THE
LEASE OF TWO (2) COPY MACHNIES; AUTHORIZING THE MAYOR, TOWN ADMINISTRATOR AND
TOWN ATTORNEY TO ENTER INTO THE LEASE AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE.
RES-3. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SOUTHWEST RANCHES, FLORIDA,
APPROVING THE FIFTH MODIFICATION TO THE AGREEMENT WITH THE MELLGREN PLANNING
GROUP, INC.; EXTENDING THE AGREEMENT UNTIL APRIL 30, 2009; AUTHORIZING THE MAYOR,
TOWN ADMINISTRATOR AND TOWN ATTORNEY TO ENTER INTO THE FIFTH AMENDMENT TO THE
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
RES-4. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SOUTHWEST RANCHES, FLORIDA,
APPROVING THE SECOND MODIFICATION TO THE TOWN’S AGREEMENT WITH RJ BEHAR &
COMPANY, INC.; EXTENDING THE AGREEMENT UNTIL APRIL 30, 2009; AUTHORIZING THE MAYOR,
TOWN ADMINISTRATOR AND TOWN ATTORNEY TO ENTER INTO THE SECOND AMENDMENT TO
THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
RES-5. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SOUTHWEST RANCHES, FLORIDA
APPROVING THE FIRST MODIFICATION TO THE AGREEMENT WITH RHON ERNEST-JONES
CONSULTING ENGINEERS, INC. FOR TOWN INFRASTRUCTURE MANAGEMENT SERVICES,
PARTICULARLY AS IT RELATES TO VERTICAL CONSTRUCTION; EXTENDING THE AGREEMENT
UNTIL APRIL 30, 2009; AUTHORIZING THE MAYOR, TOWN ADMINISTRATOR, AND TOWN
ATTORNEY TO ENTER INTO THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
END OF REGULAR AGENDA
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8. PUBLIC COMMENT
All Speakers are limited to 3 minutes.
Public Comment will last for 30 minutes.
All comments must be on non-agenda items.
All Speakers must fill out a request card prior to speaking.
All Speakers must state first name, last name, and mailing address.
Speakers will be called in the order the request cards were received.
Request cards will only be received until the first five minutes of public comment have concluded.
9. COUNCIL MEMBER COMMENTS
10. ADMINISTRATION COMMENTS
11. LEGAL COMMENTS
12. BOARD/COMMITTEE COMMENTS
13. ADJOURNMENT
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Town Council
Town of Southwest Ranches Jeff Nelson, Mayor
6589 SW 160 Avenue Steve Breitkreuz, Vice Mayor
Freddy Fisikelli, Council Member
Southwest Ranches, FL 33331 Aster Knight, Council Member
Dough McKay, Council Member
(954) 434-0008 Town Hall
(954) 434-1490 Fax Bert Wrains, Interim Town Administrator
Jean Watson, Town Financial Administrator
Gary A. Poliakoff, J.D., Town Attorney
Susan A. Owens, CMC, Town Clerk
MEMORANDUM
TO: The Honorable Town Council
VIA: Bert Wrains, Interim Town Administrator
FROM: Michele Mellgren, AICP – Town Planner
DATE: March 19, 2009
RE: PROPOSED ORDINANANCE ADOPTING AND CODIFYING PORTIONS OF THE TOWN’S
UNIFIED LAND DEVELOPMENT CODE AND CODE OF ORDINANCES- 2nd Reading
RECOMMENDATION:
This proposed ordinance is presented for your consideration and approval.
SUMMARY EXPLANATION & BACKGROUND:
The backup consists of the following:
The Code of Ordinances as codified by Municipal Code Corporation (MuniCode)
Index and summary of changes to the existing ULDC (yellow and white chart) that are incorporated into the
MuniCode document (Supplemental Exhibit 1). The numbers in the left margin correspond with the full text of each
change contained in the next Exhibit.
Full text of the changes to the existing ULDC incorporated into the MuniCode document (Supplemental Exhibit 2).
Index and summary of additional changes proposed by staff and NOT yet incorporated in the MuniCode document
(Supplemental Exhibit B). This index reflects the Council’s workshop direction to delete three proposed changes, as
well as new language the Council has not yet reviewed pertaining to code enforcement, retaining walls, fill, and site
plan expiration, which have been proffered by the Town Attorney and Drainage Committee via Administration.
This proposed Ordinance re-adopts of all the ordinances enacted by the Town, the Town Charter, and addition changes
proposed by staff after reviewing the MuniCode document, in a single codified format formally titled, “Code of
Ordinances of the Town of Southwest Ranches, Florida.” The Code of Ordinances presented for Council consideration is
not inclusive of the entire Broward County Code of Ordinances, which became the default Town code of ordinances upon
incorporation. Rather, the document includes only those ordinances that the Town Council enacted in order to revise,
replace or add to the county’s code of ordinances as it existed at the time of the Town’s incorporation.
The majority of the Code of Ordinances is comprised of the Unified Land Development Code (ULDC), located in Part III.
of the codified document. The codified ULDC includes revisions for Council consideration that address typographic
errors and deficiencies identified by staff through the daily administration of the ULDC.
Item Approved By: To be completed by Town Clerk’s Office:
Interim Town Administrator Council Meeting Date _March 19, 2009_
Town Attorney Agenda Item No. __QSI-1___
Town Planner Item Advertised _March 6, 2009 & March 7, 2009_
Version: Quasi-Judicial Items
Rev History: Est. 11/06/08
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SUPPLEMENTAL EXHIBIT 1: INDEX AND SUMMARY OF CODE CHANGES IN MUNICODE DRAFT
Revision Section Section Explanation of Revision Reason for Revision
# Reference Title
1 005-080(B) Expiration of Change “one hundred eight Typo. The text did not match the number.
Permits and days *180)” to “one hundred
Development eighty (180) days”
Orders
2 005-090(E) Compliance Requires the Town to It is problematic for the Town to issue development approvals when
Required withhold issuance of dev- there are code violations on the property that haven’t been
elopment approvals when addressed. Development orders that will correct the violation are
there is an outstanding code not subject to the preemption on issuance of additional approvals.
violation for the same
property on the application.
Also establishes that a
violation of any condition of a
prior development order is a
violation of the code itself.
3 005-160 Authority of Town Establishes the Town’s The Town has used the existing street section/right-of-way maps as
Council to Establish existing street section maps a guide for minimum right-of-way widths ever since incorporation,
Widths of as the de-facto streets plan because the Town has not pursued its own streets master plan.
Thoroughfares, for determining whether Until the Town adopts its own streets plan, the existing section map
Setbacks; dedications are required for series needs to be adopted by reference as the official streets plan.
Dedications new development.
Required
4 005-230 Violation of Delete this provision. Replaced by revision number 2, above.
Development Order
Conditions
5 005-270 Use of Rights-of- Recognizes that mail boxes The existing provision does not recognize mailboxes as permitted
Way and Swales are permitted in swales in structures within swales.
compliance with postal
regulations.
6 010-010 General Add reference for building The new reference tells the reader that the term building code
Construction of code. means Florida Building Code, Broward Edition, as amended.
Terms
7 010-030 Terms defined Delete the definition for the The term alley does not apply within the Town. The definition is an
term alley. urban remnant from the former county zoning code.
8 010-030 Terms defined Amend the definition of The revision is for consistency with revision 6, above.
building permit.
5
SUPPLEMENTAL EXHIBIT 1: INDEX AND SUMMARY OF CODE CHANGES IN MUNICODE DRAFT
Revision Section Section Explanation of Revision Reason for Revision
# Reference Title
9 010-030 Terms defined Amend the definition for The ULDC provides no occupancy, licensure of locational standards
community residential facility. for such facilities (a.k.a. group homes, assisted living facilities, etc.).
The governing standards are within the Comprehensive Plan. This
amendment defers to the definitions and provisions within the
Comprehensive Plan.
10 010-030 Terms defined Define the term gross floor The term is already used to limit the size of guest homes, but is not
area under roof to include all defined. The definition allows guest homes to have eaves of
area under roof except for customary dimension without counting them towards maximum floor
roof overhangs (eaves) area.
projecting up to four (4) feet
from the exterior walls. The change is consistent with the original intent to count garages,
roofed patios, storage rooms, etc. towards maximum guest house
floor area, but not to penalize a property owner for designing an
energy efficient and aesthetically pleasing roof line.
11 010-030 Terms defined Amend the definition of the Grade is the elevation above mean sea level. Mean sea level
term grade changes over time, so an official (standard) survey reference is
being added.
12 010-030 Terms defined Amend the definition of the The code defines a guest house as a unit being occupied as
term guest house temporary living quarter, regardless of whether it is presently
unoccupied but designed to be occupied as a temporary living
quarter. Under the revised definition, if permit plans are submitted
for a building that is clearly designed as a guest house but labeled,
for example, as a ceramic studio (with living room, bedrooms and
partial kitchen), the plans would be reviewed under the guest house
regulations based upon its design, in order to avoid a near-future
and long-term code violation in the making.
13 010-030 Terms defined Amend the definition of the WITHDRAWN
term kennel to include
boarding/breeding of
household pets in residences
14 010-030 Terms defined Amend the definition of the The term is meant to apply to community centers common in urban
term nonprofit neighborhood areas, as well as subdivision amenities like private clubhouses,
social and recreational facility tennis courts, etc. The revision clarifies that these facilities are
subdivision amenities.
15 010-030 Terms defined Define the term personal Personal services is a listed business use, but is not defined.
services
6
SUPPLEMENTAL EXHIBIT 1: INDEX AND SUMMARY OF CODE CHANGES IN MUNICODE DRAFT
Revision Section Section Explanation of Revision Reason for Revision
# Reference Title
16 010-030 Terms defined Define the term plant nursery WITHDRAWN
to exclude lawn maintenance
businesses and mulching
operations.
17 010-030 Terms defined Amend the definition of the Clarifies that portable storage units are temporary structures that
term portable storage unit can be of any shape, which differentiates them from shipping
containers, which are permanent accessory structures with more
specific structural characteristics.
18 010-030 Terms defined Amend the definition of the Provides a more complete definition of the term, to ensure the solid
term shipping container construction and design that makes these structures safe when
placed upon a lot.
19 010-030 Terms defined Amends the definition of the WITHDRAWN
term vehicle and equipment,
agricultural
20 015-100 Yard Clarify that eight (8) foot This provision prohibits parking lot lighting within required yards.
Encroachments height restriction for light This height limit was intended to apply to residential and agricultural
poles applies only to rural and properties whose maximum fence or wall height within a required
agricultural districts. yard is eight (8) feet. This provision, as is, eliminates the ability of
community facility properties to place parking within the required
yards while also meeting the no-spillover lighting requirements.
21 045-030(A) Fences, Walls and Clarifies that the eight (8) foot Fences and walls exceeding eight (8) feet in height are customary
Hedges height restriction applies only outside of required yards, in the form of tennis court fences and
to required yards. privacy walls outside of a bathroom or enclosing part of a courtyard,
for example. The existing language prohibits these customary
features.
22 045- Storage of Clarifies that road The existing language did not specify that the equipment can be
030(C)(2)a. Construction Equip- construction and utility stored only on swales adjacent to construction within the right-of-
ment and Materials; installation equipment can be way during the construction period.
Rural & Agricultural stored only on swales
Districts adjacent to the work area.
23 045-030(F)(3)g. Animals; Rural & Limits breeding of animals to WITHDRAWN
Agricultural farm products.
Districts
24 045-030(G) Guest Homes; Guest house provisions; adds The code requires 35,000 s.f. of plot area for a 600 s.f. guest house,
Rural & Agricultural the word net to plot area. and at least a full acre of plot area for a 1,200 s.f. guest house.
Districts However, without the addition of the word net, the language could
refer to gross lot area, which was never intended.
7
SUPPLEMENTAL EXHIBIT 1: INDEX AND SUMMARY OF CODE CHANGES IN MUNICODE DRAFT
Revision Section Section Explanation of Revision Reason for Revision
# Reference Title
25 045-030(I) Easements; Rural Allows fences and walls The code does not allow any structure to encroach within an
& Agricultural within easements if several easement. Residents routinely apply for fence or wall permits that
Districts conditions are satisfied. cannot be approved because there are utility easements along the
perimeter of the property, despite approval from the utility
companies and drainage district. Technically, this provision also
prohibits driveways from crossing over easements.
There have been similar situations with regard to a property owner
wishing to erect a fence along the outside edge of a private
ingress/egress easement that otherwise satisfies all requirements of
the code, but again, cannot be approved.
26 045-030(S) General Provisions Replaces the existing Community residential facility is listed as a permitted use, but there
Rural & Agricultural subsection (S) with a missing is no language referring the reader to the comprehensive plan for
Districts reference, then re-labels the detailed provisions.
existing (S) as subsection (T)
045-50 Uses Permitted
27 045-070(A)(2)g. Minimum Plot Size Inserts missing language The revision inserts the language from the Comprehensive Plan,
and Dimensions that must be included in the ULDC, prohibiting construction on an
045-070(B) Inserts missing language undersized lot unless the lot has not at any time after to May 8,
2003, been under common ownership with a contiguous lot(s) that,
045-070(C)(1)g. Inserts missing language and if combined, would form a single conforming lot.
clarifying punctuation
28 050-030(G) General Provisions Deletes erroneous reference The minimum yard requirement was subject to another referenced
for Commercial provision that does not exist.
Districts
29 050-030(L) CF District General Allows one mobile home to The code allows the use of a mobile home for a construction office
Provisions be used as a construction during construction of a residential subdivision, but does not make
office during major the same allowance for nonresidential zoning districts, despite an
construction. equal need.
30 055-030(O) General Provisions; Same as above Same as above
Commercial
Districts
31 060-020(M) Industrial District Same as above Same as above
General Provisions
32 050-050 Minimum Plot Size; Inserts missing word The section is intended to establish minimum plot sizes, but the
Commercial word minimum is missing.
Districts
8
SUPPLEMENTAL EXHIBIT 1: INDEX AND SUMMARY OF CODE CHANGES IN MUNICODE DRAFT
Revision Section Section Explanation of Revision Reason for Revision
# Reference Title
33 060-030 Permitted Uses; Inserts missing section Places of worship are permitted subject to sec. 060-060 and sec.
Community Facility reference 060-090(E).
District
34 060-050 Distance Corrects an incorrect section The reference to sec. 005-200 should instead read sec. 005-190.
Separation; reference
Community Facility
District
35 060-090(E) Limitations Of Use; Relocates incorrectly placed Council added language “on the fly” during an ordinance public
Community Facility language. hearing, pertaining to keeping of tractor trailers and shipping
District containers for a particular CF property. The resulting language
was put into the code, but not in the correct place.
36 070-020 Definitions; Corrects a problematic A commercial tenant’s shop frontage is used to calculate allowable
Sign Regulations; definition of the term building signage area. The existing definition carried over from the county
frontage zoning code allows signage only where there is a public entrance to
the establishment, and does not recognize that a corner storefront
or storefront with two public frontages has a legitimate need for
signage on both frontages, even though only one shopfront has a
public entrance. The revision adds a requirement that frontages
eligible for signage must face a public street or parking area.
37 070-020 Definitions; Clarifies that the term Clarifies that frontage, for the purpose of defining which facades are
Sign Regulations; frontage pertains only to allowed signage, only applies to public streets, not internal shopping
public streets. Adds a center streets.
definition for the term street Adds a definition for the term street frontage, which is used
frontage. throughout the sign code, but not defined.
38 070-050(A)(7),(8) Sign Permits Clarifies a signage permit Eliminates the requirement for a retail tenant to submit elevation
submittal requirement drawings for which signs are not proposed.
39 070-070(C) General Sign Adds subsection (C) to There is a reference to flag display provisions in the code that was
Requirements for address display of flags. carried through from the Broward County Zoning Code. However,
Permanent Signs; there are no such regulations in the sign code. Subsection (C) is
Flags added to provide very basic regulations for flag display.
9
SUPPLEMENTAL EXHIBIT 1: INDEX AND SUMMARY OF CODE CHANGES IN MUNICODE DRAFT
Revision Section Section Explanation of Revision Reason for Revision
# Reference Title
40 070-080(A) Basic Design Reduces the maximum size The maximum area of wall signage is limited to twenty (20) percent
Schedule for of wall signs. of a façade. By current industry standards in South Florida, 20
Nonresidential percent is a generous signage allowance. This existing subsection
Signs allows a single sign to occupy more than 20 percent of a building
façade if the business has more than one building frontage eligible
for signage, because it allows the business to concentrate signage
on a particular facade.
The revision does not allow a sign to occupy more than 20 percent
of a façade.
41 070-090(F)(2) Permitted Allows signage on each The existing code provision allows only one wall sign for each
Permanent Signs eligible façade tenant, regardless of the number of exposures (frontages) the
for Shopping tenant has (ex: corner businesses). The revision allows one wall
Centers…. sign per eligible tenant frontage, as has been the practice of
Broward County and Davie in approving signage for Coquina Plaza
prior to the Town’s incorporation.
42 070-90(G)(2) Permitted Same as above 070-090(G)(9): same as above.
070-90(G)(9) Permanent Signs Also, eliminates a 070-090(G)(2) [as formerly numbered]: deleted because it was a
070-90(G)(10) for One and Two- redundancy and makes redundant allowance for canopy, pylon, and awning signs.
Occupant illumination requirements 070-090(10): channel letter signs in shopping centers must be
Commercial consistent with shopping internally lit, but the same requirement does not apply for outparcels
Properties & centers. to a shopping center. The revision treats channel letter signs for
Shopping Center outparcels and shopping centers the same.
Outparcels…
43 075-070(D) Perimeter Buffer Revises the catchline and The title currently reads, “Perimeter buffer adjacent to residential
Adjacent to Rural, corrects an erroneous and open space zoning and use.” The revised title is more
Agricultural and reference. accurate, as it refers to rural and agricultural use and zoning. Also
Open Space Use corrects a reference that currently reads (2) but should actually read
(B)(2).
43a 080-060(D) Calculating Provides for seating capacity There is no methodology provided in the code for determining the
Required Parking; calculation in the absence of seating capacity of an assembly area without fixed seating. The
Measurements fixed seating revision references the Fire Prevention Code occupancy standards.
44 080-070(B)(2) Amount of Increase parking requirement The parking requirement for this use must be the same as for other
Required Off-Street for auditoriums from 1 space places of assembly, which have a requirement of one (1) parking
Parking per 4 seats to 1 space per 3 space for each three (3) seats. Note: “athletic field seating” is
seats. moved from here to (D)(9), as it was repeated and internally
inconsistent
10
SUPPLEMENTAL EXHIBIT 1: INDEX AND SUMMARY OF CODE CHANGES IN MUNICODE DRAFT
Revision Section Section Explanation of Revision Reason for Revision
# Reference Title
45 080-070(B)(4) Amount of Increase parking requirement The parking requirement for this use must be the same as for other
Required Off-Street for private clubs, lodges, places of assembly, which have a requirement of one (1) parking
Parking union halls from 1 space per space for each three (3) seats.
4 seats to 1 space per 3
seats.
46 080-070(B)(7) Amount of Increase parking The parking requirement for this use must be the same as for other
Required Off-Street requirements for theatres places of assembly, which have a requirement of one (1) parking
Parking from 1 space per 4 seats to 1 space for each three (3) seats.
space per 3 seats.
47 080-070(D)(9) Amount of Increase parking The parking requirement for this use must be the same as for other
Required Off-Street requirements for athletic field places of assembly, which have a requirement of one (1) parking
Parking and sports court spectator space for each three (3) seats. Note: “sports court spectator
seating from 1 space per 5 seating” is added to athletic fields, as there is no standard for this
seats to 1 space per 3 seats. use.
48 080-070(E)(6) Amount of Increase parking The parking requirement for this use must be the same as for other
Required Off-Street requirements for funeral places of assembly, which have a requirement of one (1) parking
Parking homes from 1 space per 4 space for each three (3) seats.
seats to 1 space per 3 seats.
49 090-080(C)(3) Access to Corrects a typo Reference to Figure 90-1 should be 90-2.
Development
50 090-100 Table 90-1 Corrects a typo “h” is missing from the word chord
51 090-100 Table 90-5 Correct erroneous reference The fifth line from the top refers to sec. 90-100(D) but should
instead refer to sec. 90-100(E)(1).
52 095-030(A) Prohibited Outdoor Inserts the maximum number The ordinance of record that established the Town’s new lighting
Lighting; Uplighting of lumens for uplighting standards did not include this information.
53 100-030(C) Minimum Required Corrects immaterial typos; The provision is not clear that sign posting, to advertise a public
Content for Public Clarifies the number of hearing, is required along all abutting public streets in the case of
Hearing signs that must be posted; corner or multiple frontage lots.
Notifications; Sign Requires applicant to Applicants currently have three days to provide proof of sign
Notices submit proof of posting one posting. With current technology (scanning and emailing, faxing)
day after the posting there is no reason to need three days to submit the proof,
deadline. particularly when the sign posting deadline is, for some
applications, as late as seven days prior to the public hearing.
11
SUPPLEMENTAL EXHIBIT 1: INDEX AND SUMMARY OF CODE CHANGES IN MUNICODE DRAFT
Revision Section Section Explanation of Revision Reason for Revision
# Reference Title
54 100-040(A) Timing of Public Establishes a timeline for The current language defers the timing of public notice to that
Notice required newspaper, mail and required by Florida Statutes. However, Florida Statutes does not
sign notice. provide minimum public notice timeframes for every type of
development application. The revision requires that public notice be
given at least seven (7) days prior to a public hearing when Florida
Statutes does not specify the advertising requirement.
55 100-070 Inaction by Add to the specific inactions The existing “inaction” provision was created to address the
applicant deemed that cause automatic substantial number of applications that collect dust in a drawer
withdrawal withdrawal of a development without activity for a period of at least six (6) months, often despite
application, to include: numerous attempts to contact the person who filed the application.
failure to proceed with a
public hearing within three The revision expands this provision to address applicants for public
(3) months following a hearing items who are deferred but who fail to agendize a re-
deferral to a date and time hearing.
uncertain, and
requests for more than two There are several purposes for the inaction/automatic withdrawal
(2) deferrals that are provisions, as follows:
granted by the Town 1) Discourage applicants from filing premature applications they
Council. don’t intend to undertake
Also, correct a typo in (C) 2) Encourage applicants to complete the permit process with
diligence
3) Allow staff to close application files due to long-term inactivity
4) Minimize the vesting of development applications under older
code provisions
5) When applications sit for long periods without activity before
resubmitting with corrections or providing needed information, more
work is created for all parties because certain documents expire or
become inaccurate, and the collective memory of the application
details is diminished. It is often like starting over again.
Note: one additional non-substantive clarification was made.
56 100-090 Violation of Deleted in favor of the The existing language allows the Town to deny, defer or approve
Development Order revision 2. with conditions an application for development when the property is
Conditions in violation of a previously approved development order. Revision 2
of this table replaces this provision by requiring that a property
owner with an outstanding code violation rectify the violation before
the Town will issue any further development orders, other than a
development order that will correct the violation, which may include
amendments to the original development order conditions.
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Revision Section Section Explanation of Revision Reason for Revision
# Reference Title
57 110-070(C) Adequacy of Water Corrects a broken sentence Existing sentence does not make sense,
Management
58 115-030(A)(12) Plats; Replaces the Planning This paragraph requires that a note be placed on all plats to ensure
Supplemental Director’s signature with the that county impact fees are paid before the Town issues permits.
Submission Mayor’s. Currently, the code requires the planning director to sign under this
Requirements provision as an acknowledgement. County rules require the
Mayor’s signature instead.
59 120-010(B)(3) Mandatory Site Clarifies that the The existing paragraph exempts development of up to four (4)
Plan Approval; establishment of a shared homes from undergoing site plan approval if the development
Exception for up to driveway for up to four satisfies the exemption criteria, one of which is that there cannot be
Four Single-Family (4)residences does not any privately maintained common areas or facilities. A privately
Residences require site plan approval. maintained “shared driveway” would constitute such a common
area, and would require site plan approval if not revised as shown.
60 120-050 Site Plan Correct erroneous reference The reference for sec. 120-010(D) should be 120-010)(C).
Modification
61 120-060 Effect of Approval Replaces the term structure The existing language causes an approved site plan to expire if a
with the term building for the principal structure permit is not issued. Principal buildings are
requirement that a permit generally more substantial than principle structures, and are less
must be issued to prevent a open to interpretation. The primary rationale for causing site plans
site plan from expiring. to expire is to avoid the vesting of development rights that would be
considered nonconforming in the event that the code changes
subsequent to approval.
62 140-040(B)(4) Considerations for Insert a missing word The word property is missing in the provision (“…will not confer on
Variances the __ any special privilege that is denied to any other properties..”)
63 035-040(J)(K)(O) Outdoor Event Permits Delete specific dollar Consistent with best practices and as recommended by MuniCode,
035-050(B(8)(9) Holiday Wayside Stands amounts for required dollar amounts should generally be eliminated from the code and
035-050(E)(1) insurance policies and the Town Council should instead adopt them by resolution from time
035-070(J) Exhibition of Wildlife performance bonds in favor of to time. This recommendation applies generally to items that can
050-080(J)(3) Mobile Food Units adopting them by resolution. be adopted by resolution as opposed to ordinance.
055-080(E)(3) Mobile Food Units
64 050-040 Permitted Uses; Correct erroneous references When sections 050-050 through 050-080 were renumbered,
Commercial multiple incorrect references were created.
Districts
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Revision Section
Number reference Revision text
1 005-080(B) change eight to eighty
2 005-090 Add:
(E) “The Town shall withhold issuance of permit or development
orders when there are outstanding code violations on a property, and
the property owner has not entered into an order of been placed into
compliance by the Town . Development orders and permits
necessary for correcting the violation are not subject to this provision.
Any violation of a previously approved development order or permit,
including any condition of approval attached thereto, shall constitute
such a violation.”
005-120 Change second (C) to (D)
3 005-160 The Town Council is hereby authorized and empowered to prescribe
the width of roads, streets, alleys and other thoroughfares, and
setbacks therefrom. All plats of lands and new development shall be
required to dedicate right-of-way or grant ingress and egress easement
rights as necessary to satisfy the minimum width requirements of this
Code for right-of-waylying within Town limits shall comply with Town
thoroughfare width requirements as a prerequisite of the approval for
record. The Town in its sole discretion shall determine whether such
dedication shall be in the form of dedication or easement. Minimum
thoroughfare widths by road classification are established in Article 90
of these regulations. Thoroughfare widths for each existing road are
established on the “section maps” prepared, and previously
maintained, by the Broward County Department of Transportation -
Office of Engineering prior to the incorporation of Southwest Ranches.
The section maps, as may be amended or replaced from time to time
by resolution of the Town Council, are hereby adopted as the Town of
Southwest Ranches Right-of-Way Plan.
The widths of state and county roads shall be as such may be
prescribed by the Florida Department of Transportation and Broward
County Trafficways Plan. New development shall be required to
dedicated right-of-way or grant ingress and egress easement rights, at
the Town’s choosing, as necessary to satisfy the minimum width
requirements of this Code for right-of-way.
4 005-230 An application for a development permit may be deferred, denied, or
approved with appropriate conditions, when the property is in violation
of a condition of a previously approved development order. Reserved.
5 005-270 A Town permit is required for any use of any rights-of-way and swales
that involves installation, erection, placement or removal of any
structure, object or landscaping material, earthwork, grading, paving,
physical occupation, and any commercial or business use, including
but not limited to, use of rights-of-way and swales to grow or store
plants or material incidental to a plant nursery or other agricultural use
for wholesale or retail. Notwithstanding the aforementioned,
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mailboxes and newspaper tubes or boxes (intended to keep
delivered newspapers dry) may be erected within a swale,
subject to U.S. Postal Service regulations.
6 010-010 (R) The word “building code” shall mean the Florida Building Code,
Broward County Edition, as may be amended from time to time.
7 010-030 Alley. A thoroughfare or way, not more than thirty (30) feet wide,
paved or unpaved, and which normally provides a secondary means of
access to abutting property.
8 010-030 Building permit. For purposes of concurrency/adequacy
determination and required parking calculations, “bBuilding
pPermit” means a permit required by the Florida bBuilding
Ccode, as may be amended from time to time, for the erection or
construction of a new building, addition to an existing building, or
change in occupancy that may require additional parking
pursuant to Article 80, “Parking Requirements,” or may impact
services or facilities subject to concurrency requirements,
including one or more additional dwelling units, or additional
nonresidential building area.
In any other context, the term refers to any permit required
under the Florida Bbuilding Ccode, as may be amended from
time to time
9 010-030 Community residential facility. A “special residential facility” as
defined in the adopted comprehensive plan, as may be
amended from time to time. A residential building or buildings
designed or altered to provide housing, food service, and
personal services to persons unrelated to the owner or manager
of the facility, including such supervision and care by supportive
staff as may be necessary to meet the physical, emotional, and
social needs of the residents, and which is licensed by the State
of Florida or other government agency for such purposes.
10 010-030 Floor area, gross under roof. The gross horizontal area of all the
floors under roof, whether or not enclosed, but excluding roof
overhangs (eaves) projecting no more than four (4) feet from the
exterior walls.
11 010-030 Grade, established or finished. The elevation of land above
mean sea level (NVGD 1929), in its final, graded condition.
12 010-030 Guest house. A structure or any part of a structure ancillary to a
detached single-family dwelling unit, excluding mobile homes,
and located on the same plot as the principle dwelling unit, that
is occupied or designed, in whole or in part, as the temporary
residence or living quarter of one (1) or more persons. This
definition shall include any such living quarter that is connected
to the principal dwelling unit by an open or enclosed breezeway
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or other structure that serves to merely connect the guest
quarter to the principal dwelling, as contrasted with a customary
home addition that is physically and functionally integral to the
principal dwelling. If a temporary or permanent residence or
living quarter does not meet the definition of “guest house,” it
shall be deemed to be a dwelling unit for purposes of density
calculation.
*13* WITHDRAWN
14 010-030 Nonprofit neighborhood social and recreational facility. An
accessory building or plot of land devoted entirely to providing
customary social activities and/or services recreation facilities
only for the residents, and their guests, of the subdivision or
neighborhood where the building or plot is located.
15 010-030 Personal services. Establishments where the principal use is
engaged in the repair, care of, maintenance or customizing of
personal properties that are worn or carried about the person or
are a physical component of the person. Personal services shall
include, but need not be limited to, barber shops, beauty shops,
dry cleaning and other garment servicing establishments, tailors,
dressmaking shops, shoe cleaning or repair establishments, and
other similar places of business.
*16* WITHDRAWN
17 010-030 Portable storage unit. Any container designed for the storage of
personal property which is typically rented to owners or
occupants of residences or businesses for their temporary use,
and which may be delivered to a residence or business and later
retrieved from the premises by vehicle and stored in a
commercial storage facility until needed by the renter. Portable
storage units shall not include shipping containers located upon
a plot as a permissible accessory structure.
18 010-030 Shipping container. Any heavy-gauge steel container originally
designed for transporting cargo on a marine freighter vessel,
flatbed truck or flatbed railroad car, or a container manufactured
to the same strength and weight specifications that is similar in
design or function to such a container, but excluding a portable
storage unit.
*19* WITHDRAWN010-030 Vehicle and equipment, agricultural. Any
operable vehicle and equipment necessary for conducting
a permitted agricultural or equestrian use. Landscape
maintenance equipment used on the plot (ex: lawn tractor)
is also included in this definition, but landscape and lawn
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maintenance vehicles associated with a business that
provides such services off-site are not included.
20 015-100 (7) Lighting, subject to Article 95, “Outdoor Lighting Standards,”
provided that any freestanding lights within a rural or agricultural
zoning district shall be no taller than eight (8) feet above the
established grade.
21 045-030 (A) Fences, walls and hedges. Fences and walls, not
including entrance features, shall be permitted to a maximum
height of eight (8) feet above the established grade within any
required yard, and in any location on a residential or agricultural
plot, provided that a fence enclosing a tennis court or other
customary enclosure may be higher if located outside of a
required yard.
22 045-030(C)(2)a. Storage on construction sites. Equipment and materials
required for construction of a building and related land
preparation and infrastructure construction, may be stored on
the site of the construction from the date of building permit
issuance to the date of construction completion, provided that all
required permits remain valid for the duration of the project.
Construction equipment on a private property construction site
may be stored anywhere within a plot, and without the need for
screening or enclosure. Storage of construction equipment and
materials used for utility installation or road construction
purposes, is also construction- may be stored on an swale
adjacent including roadside swales, from the date of
construction permit issuance to completion of construction.
*23* WITHDRAWN 045-030(F)(3). Add:
**Staff recommends deleting the underlined language from
the Codification Ordinance.**
24 045-030(G)
(1) A guest house shall not be permitted on plots smaller than thirty-
five thousand (35,000) square feet in net area.
(2) For privately owned plots of at least thirty-five thousand (35,000)
square feet and up to and including forty-three thousand, five
hundred-sixty (43,560) net square feet, guest homes shall not
exceed six hundred (600) square feet of gross floor area under
roof, whether or not fully enclosed.
(3) For privately owned plots greater than forty-three thousand, five
hundred-sixty (43,560) net square feet, guest homes shall not
exceed twelve hundred (1,200) square feet of gross floor area
under roof, whether or not fully enclosed.
(4) Only one (1) guest house shall be permitted per plot, and it may
not be rented, leased or sold separately from the overall
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property. A guest house shall not contain, nor be designed to
contain, a stove or range, a dishwasher, or more than one (1)
refrigerator.
(5) Portable cooking equipment such as microwave and toaster
oven are not considered to be range or cookstove. In no event
shall a guest house be considered a dwelling unit, as defined
herein. A guest house shall not have a separate mailing
address or electrical meter.
25 045-030(I) Easements. No permanent structure, including but not limited
to, except a wood orand chain link fences, or similar type of
open fencing, shall encroach upon or into any easement of
record unless easement agreements have been executed and
permits issued, by the Town of Southwest Ranches and all
persons with easement rights. No structure or use of any type
shall encroach upon or obstruct access through any easement
specifically granted for exclusive ingress or egress purposes to
and from adjacent properties without the written consent of all
beneficiaries of the easement and the Town.
26 045-030 Add:
(S) Community residential facilities shall be subject to the
Special Residential Facilities provisions of the comprehensive
plan.
(TS) Rural and Agricultural districts are subject to the applicable
provisions of Article 15 “General Provisions”.
045-050
1-family detached dwellings P P P P
Nonprofit neighborhood social
and recreational facilities P P P P
Community residential facilities P P P P
[subject to Sec. 045-030(S)]
27 045-070(A) Agricultural districts.
(1) Any plot in an agricultural district shall have at least one (1)
dimension of two hundred fifty (250) feet.
(2) No plot within an agricultural zoning district shall be
developed for residential use unless the plot contains two (2) net
or two and one-half (2 ½) gross acres * of plot area, unless the
plot:
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a. Became undersized due to a right-of-way dedication or
change in district regulations prior to the adoption of the ULDC;
or
b. Is specifically designated on a plat approved by the Board
or County Commissioners prior to May 16, 1979; or
c. Was of public record prior to May 16, 1979, and has not
been at any time since the effective date of Broward County
Ordinance No. 79-34 (May 30, 1979) contiguous with another
parcel or parcels in common ownership that could be combined
into a single parcel of at least two (2) net acres, and which has
received the approval of the applicable agency for a sewage
disposal system; or
d. Is exempted from the minimum plot size requirement under
the “Developed Areas” provision of the Comprehensive Plan; or.
e. Was of public record as of July 14, 2005 and became
nonconforming as a result of Town of Southwest Ranches
Ordinance Number 2006 - 06, which excluded access
easements and reservations from counting towards net plot
area.;or
f. Was of public record as of March 2nd, 2006 and became
nonconforming as a result of Town of Southwest Ranches
Ordinance Number 2006-06, which excluded primary electrical
transmission easements, as well as drainage canals and lakes
from counting towards net plot area.; and
g. Has not at any time subsequent to May 8, 2003, been
under common ownership with a contiguous lot or lots that, if
combined, would form a single conforming lot (this provision
does not apply to “Developed Areas” under d., above).
(B) Rural Ranches District. Every plot in a RR District shall be not
less than one-hundred twenty-five feet in width and shall contain
not less than two (2) net or two and one-half (2 ½) gross acres
unless the plot satisfies one of the plot size exceptions
established in (A)(2) b, c, d, e or f, above and , subject to g.,
above, or has a minimum area of eighty thousand (80,000)
square feet in net area, of record as of February 8, 1993.
(C) Rural Estate District.
(1) Every plot in an RE district shall be not less than one
hundred twenty-five (125) feet in width and contain not less than
one (1) net acre. One-family dwellings may be permitted on
smaller plots which satisfy one of the five six (56) exceptions
listed below, and subparagraph g.:
(a.) Contain thirty-five thousand (35,000) square feet or more
in net area and are not less than one hundred twenty-five (125)
feet in width; and
1. Were of public record prior to September 18, 1979; and
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2. Have not been at any time since September 18, 1979,
contiguous with another plot or plots in common ownership
which could be combined into a single plot of at least one (1)
gross acre. ; or
or
(b.) Are included within an approved plat in which the average
density is not more than one (1)-dwelling unit per gross acre, as
defined in the Comprehensive Plan; or
(c.) Comply with requirements of exemptions for “Ddeveloped
Aareas specified in the Comprehensive Plan; or
(d.) Were of public record as of July 14, 2005 and became
nonconforming as a result of Town of Southwest Ranches
Ordinance Number 2006-06, which excluded access easements
and reservations from counting towards net plot area; or
(e.) Was of public record as of March 2nd, 2006 and became
nonconforming as a result of Town of Southwest Ranches
Ordinance Number 2006-06, which excluded primary electrical
transmission easements, as well as drainage canals and lakes
from counting towards net plot area; or
(f.2) When a plot which was recorded prior to January 1, 1973,
and contained thirty-five thousand (35,000) square feet or more
in area was reduced in size due to dedication for right-of-way,
the resulting plot need be no larger than one hundred twenty-five
(125) feet in width and thirty thousand (30,000) square feet in
net area. Said plot shall not be further subdivided.; and
g. Has not at any time subsequent to May 8, 2003, been
under common ownership with a contiguous lot or lots that, if
combined, would form a single conforming lot (this provision
does not apply to “Developed Areas” under (c), above.
28 050-030(G) (5) Any yard abutting an agricultural or rural district other than
as provided in (5), above, shall have a minimum dimension of
fifty (50) feet in the CB District…..
Identical language (see below) was added to each of the following three sections
29 050-030 Add (L)
30 055-030 Add(O)
31 060-020 Add(M)
One (1) mobile home may be placed upon a plot to be used as a
construction office, upon issuance of a building permit for the
construction of a building or addition thereto. Such mobile home
may not be utilized for dwelling purposes. The mobile home
shall be removed from the property prior to issuance of a
Certificate of Occupancy or after one (1) year, whichever occurs
first. The Town Administrator may grant one (1) extension for a
maximum six (6) months, upon petition from the property owner,
provided the petition demonstrates unexpected hardship, and
steady construction progress, such that construction can
reasonable be completed within the six (6) month extension
period. A decision of the Town Administrator to deny the
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request for extension may be appealed to the Town council
subject to the requirements of Article 135, Appeals of
Administrative Decisions.” Placement of the mobile home shall
be in compliance with all minimum yard requirements.
32 050-050(A) Minimum Pplot size.
One (1) acre in the CB District, except as specified for specific
uses in Sec. 050-080, “Limitations of uses.”
33 060-030 Places of worship [see Sec. 060-060 and 060-090(E)]
34 060-050 All uses within the CF District except for public parks, public
safety facilities and Town facilities and uses shall be permitted
only on properties located a minimum distance of one thousand
(1,000) feet from any other property with CF zoning and any
nonresidential, non-agricultural land use, measured pursuant to
Sec. 005-200190, “Separations and other measurements.” .....
35 060-090 Add:
(E) The temporary storage of shipping containers or tractor
trailers is permitted as an accessory use to a developed plot
within the CF District, having loading dock facilities designed for
semi-trailer deliveries, which facility is collecting goods for the
distribution to the needy or for individuals recovering from a
natural disaster. Notwithstanding the aforesaid, the number of
containers or trailers, in aggregate, shall not exceed five (5) at
any given time. Said containers and/or trailers shall not exceed
twenty-seven hundred (2,700) cubic feet capacity and nine and
one-half (9.5) feet in height.
36 070-020 Building frontage. The A wall extending the length of the
building, or portion thereof occupied by a single tenant, facing a
public street or parking lot, lease lines of any building, the legal
use of which is one of commercial or industrial enterprise and
including the location of public entrance(s) to the establishment.
37 Frontage. The total distance along any public street line.
Primary or principal frontage. That building frontage
designated by the owner/occupant to be the primary use
frontage when the business has more than one building
frontage is on more than one street.
Street frontage. The length of property lines, or portions
thereof, that are coincident with public streets.
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38 070-050(A) (7) For building, wall, parapet, facade, graphic, individual letter,
pylon, and roof signs, each building frontage and height of the
each building wall, parapet, facade or pylon, or silhouette of the
building for which signage is proposed;
(8) For window signs, the building frontage and height of the
building wall, parapet, facade or pylon within which window
signage is proposed; the area of all windows, and the area of
such windows to be used for signs; and
39 070-070 **Staff recommends that new Subsection (C) be adopted as amended
below with bold print showing added words and strike-thru showing
deleted words:**
Add:
(C) Flags. Display of flags in the CF, M and CB districts
is permitted subject to the following regulations.
(1) There shall be no more than one flagpole per lot in the
rural and agricultural districts, and no more than two
(2) flagpoles per lot of in all other districts.
(2) Setbacks for flagpoles shall be the greater of the
required setback for principal structures or one-half
(1/2) of the flagpole height;
(3) There shall be no more than one flag per wall-
mounted flagpole, and two (2) flags per freestanding
flagpole;
(4) No flag shall be longer than five (5) seven (7) feet in
its longest dimension.
40 070-080 (A) Building wall signs, graphic signs, canopy signs, marquee
signs, pylon signs or roof signs.
(1) Letters, cabinets or borders shall not exceed the height of
any canopy or marquee upon which the sign is affixed;
(2) The maximum length of signage upon any building
frontage shall not exceed eighty (80) percent of the building
frontage; and
(3) The total area of the signage area shall not exceed twenty
(20) percent of the aggregate facade area of the primary building
frontage.
41 070-090(F) (2) One (1) building wall sign, graphic sign, canopy sign,
awning sign, or pylon sign per for identification of each tenant
building frontage, not to exceed a total of three (3) building
frontages, which may be illuminated by any means specified in
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Sec. 070-070, "General Requirements for Permanent Signs."
Individual letter signs may only be internally illuminated;
42 070-090(G) (2) One (1) of the following for each occupant:
a. Canopy sign
b. Marquee sign
c. Pylon sign
d. Awning sign
(98) One (1) building wall sign, graphic sign, canopy sign,
marquee sign, awning sign or pylon sign per building
frontage, not to exceed a total of three (3) building
frontages for identification of the tenant(s). Signs may be
illuminated by any means specified in Sec. 070-070,
General requirements for permanent signs, provided that
individual letter signs may only be internally illuminated.”
43 075-070(D) Perimeter buffer adjacent to residential rural, agricultural and
open space zoning and use. Any nonresidential use that is
contiguous to, or separated only by a FPL primary transmission
easement or right-of-way from a rural, residential agricultural or
recreation and open space zoning district, or residential,
agricultural or open space plot line, shall provide the landscape
buffer described in (B)(2) above, which shall extend along the
entirety of the common plot line.
43a 080-060(D) Assembly areas without seating affixed to the floor shall be
deemed to have a seating capacity equal to the maximum
occupancy capacity allowed by the Florida Fire Prevention
Code for such assembly area.
44 080-070(B)(2) Athletic field seating, aAuditorium: 1.0 per 4 3 fixed seats plus
1.0 per 200 square feet of non-assembly area not having fixed
seating
45 080-070(B)(4) Private club, lodge, union hall: 1.0 per 100 square feet of gross
floor area or per 3 seats in the assembly area, whichever results
in a greater parking requirement.
46 080-070(B)(7) Theater: 1.0 per each 43 seats
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47 080-070(D)(9) Athletic field and sports court spectator seating: 1.0 per each 53
seats plus 1.0 per 250200 square feet of gross floor area of
buildings on sitefor non seating areas.
48 080-070(E)(6) Funeral home, mortuary: 1.0 per each 34 seats; 25 minimum
spaces
49 090-080(C) (3) Both individual and shared access to landlocked parcels
must meet the following conditions:
a. The base course and wearing surface materials and
specifications shall be as specified in the Figure 90-21, ….
50 090-100 Table 90-1. Corner chord requirements.
51 090-100, Change reference: “Typical Streets Spacing Pursuant to
Table 90-5 provisions of Sec. 90-100(D) E(1)
52 095-030(A) Uplighting, unless limited to [TBD by lighting engineer] eighteen
hundred (1800) lumens and either shielded by an architectural
overhang or landscape element, or used to illuminate the flag of
the United States of America.
53 100-030(C) Sign notices. The petitioner shall be responsible for posting a
sign along the each property line of the subject property with
street frontage for the following applications: land use plan
amendments, zoning map amendments, variances, and site
plans. The notice shall be posted so as to be visible from the
each public rights-of-way abutting the subject property, and shall
be at least six (6) square feet in area. The sign shall state the
nature of the request and the phone number to call for further
information. The Town Administrator shall provide the applicant
with the specific language required to appear on the sign for
each application.
Petitioner shall provide proof of sign posting no later than
three one (31) business days following the required posting
date required by Sec. 100-040, “Timing of public notice,.”
but in no case fewer than seven (7) days prior to the date
of the public hearing. Proof shall consist of one (1) or more
photograph(s) of the sign placed upon the site, as
necessary to demonstrate the location of the real property
upon which the sign is posted, and the exact location of the
sign upon the property. A notarized affidavit, signed by the
petitioner or sign company responsible for posting the sign,
shall accompany the photographs. Other proof may be
provided if acceptable to the Town Administrator.
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54 100-040(A) All advertising timeframes established in this Section shall be
the minimum advertising timeframes established by Florida law,
as may be amended from time to time, but in no case fewer than
seven (7) days prior to a public hearing.
55 100-070 (A) Inaction by an applicant exceeding one-hundred eighty
(180) days during the application review process, including
failure to supply additional information the Town deems
necessary for continued review and failure to submit revisions in
response to Town development review comments, shall be
deemed a withdrawal of the application, unless the applicant
files a request for extension. The Town may approve a request
for extension not to exceed ninety (90) days, only upon a
determination the applicant has been making a diligent effort to
proceed with the application review and approval process but
has been hampered by extenuating circumstances.
(B) Inaction by an applicant is deemed to include:
(1) Failure to supply additional information the Town deems
necessary for continued review;
(2) Failure to submit revisions in response to Town
development review comments;
(3) Failure to proceed with a public hearing within three (3)
months following a deferral to a date and time uncertain,
whether or not the deferral was initiated by the Town
Council or at the request of the applicant; and
(4) Requests for more than two (2) deferrals that are granted
by the Town Council.
(C) Applications that are deemed withdrawn shall be subject to
any reapplication fee determined by the Town for such
applications, and shall include resubmittal of an application and
all other required application documents. An applicant’s written
request to proceed to the Town Council for a public hearing on
the basis that the applicant believes the submittal complies with
the ULDC, despite a Town administrative determination to the
contrary, shall not be considered inaction.
56 100-090 An application for a development permit may be deferred,
denied, or approved with appropriate conditions, when the
property is in violation of a condition of a previously approved
development order (
25
SUPPLEMENTAL EXHIBIT 2: FULL TEXT OF ULDC CHANGES MADE IN
MUNICODE DRAFT
57 110-070(C) In addition to (B), above, a town development order for _ shall
requirethe applicant shall demonstrate,, prior to the issuance of
the development order, that …….
58 115-030(A) (12) The following language shall precede the area for the
Director’sMayor’s signature on the plat: “The Town of
Southwest Ranches agrees not to issue building permits
for the construction, expansion, and/or conversion of a
building within the plat until such time as the developer
provides the Town with written confirmation from Broward
County that all applicable impact fees have been paid or
are not due.”
59 120-010 Approval of a site plan or site plan modification is required prior to
any development of land in the Town, except as follows:
(A) Excavation, and the deposit and contouring of fill on land.
However, a permit is required under Sec. 005-080, “Permits
required,” prior to any such activity.
(B) Development of up to four (4) single-family residences on
adjacent plots if all of the following conditions are met:
(1) No additional or expanded infrastructure is required or
proposed in connection with the proposed development,
excluding sanitary sewer and water line connections to existing
infrastructure for service to individual plots;
(2) No subdivision sign or community entry feature is
proposed;
(3) No private, commonly owned and/or maintained areas are
required or proposed, including but not limited to, streets,
landscaping areas, recreation areas, open space areas, and
drainage features, but excluding access that is provided
pursuant to Section 090-080(C)(2) for plots without direct
frontage on a public or private street;
60 120-050 If an applicant's development plans change after receiving site
plan approval, the applicant shall file an application for revised
site plan approval with the Town Administrator for Town Council
consideration, unless Sec 120-010(DC) exempts the proposed
modification from this process……
*61* WITHDRAWN AND REPLACED WITH NUMBER 68.
26
SUPPLEMENTAL EXHIBIT 2: FULL TEXT OF ULDC CHANGES MADE IN
MUNICODE DRAFT
62 140-040(B) (4) That the variance proposed is the minimum variance that will
make possible the reasonable use of the property and it will not
confer on the property any special privilege that is denied to any
other properties in the same zoning district;
63 035-040(J)(K)(O) Specific dollar amounts for required liability insurance and performance bonds deleted
035-050(B(8)(9)
035-050(E)(1)
035-070(J)
050-080(J)(3)
055-080(E)(3)
64 See next the last three pages of this document.
27
EXHIBIT “B.” INDEX OF PROPOSED CHANGES TO MUNICODE DRAFT
Corresponding Section Explanation of Revision Revision text
Revision # in Reference
Backup
n/a 010-030 Correct the phrasing of a Floor area, gross under roof. The terms “gross under roof floor
definition. area” and “gross floor area under roof” means…
43a 080-060(D) …Assembly areas with unified seating that is not affixed to the
floor shall be deemed to have a seating capacity equal to the
Correct a typo.
maximum occupancy capacity allowed by the Florida Fire
Prevention Code…
44 080-070(B)(2) Corrects a conflict between Athletic field seating, Auditorium: 1.0 per 3 fixed seats Plus
parking requirements. 1.0 per 200 sq. ft. of non-assembly areanot having fixed seating.
47 080-070(D)(9) Athletic field and sports court spectator seating: 1.0 per each 3
Corrects a conflict between
seats Plus 1.0 per 250 200 sq. ft. of gross floor area for non-
parking requirements.
seating areasof buildings on site.
n/a 045-030() Deletes a word that (2) …guest homes shall not exceed six hundred (600) net
MuniCode incorrectly square feet…
inserted into the guest (3) …guest homes shall not exceed twelve hundred (1,200) net
house regulations square feet
n/a 100-060(B) Restores text, that should Prescribed distances for notification. Properties located within
not have been deleted the distances prescribed in subsections (B)1 through (B)(53) of
during codification, to the the section shall be notified by mail of any of the following
way it currently reads. application types:
(4) Site Plans: one thousand (1,000) feet
(5) Appeal of an administrative decision: one thousand (1,000)
feet
13 010-030 Domestic animal breeding, WITHDRAWN
boarding Any place or premises where dogs, cats or other
household pets are housed temporarily with or without
compensation for same, including any residence where
household pets are boarded or bred.
16 010-030 Defines plant nursery WITHDRAWN
(Definition of “plant nursery”
19 010-030 Defines agricultural vehicle WITHDRAWN
010-030 Vehicle and equipment, agricultural. Any operable
vehicle and equipment necessary for conducting a permitted
agricultural or equestrian use. Landscape maintenance
equipment (ex: lawn tractor) used exclusively on the to
maintain the agricultural plot where stored (ex: lawn
tractor) is also included in this definition,. but Llandscape
and lawn maintenance vehicles and equipment associated
with a business that provides such services off-site are not
included in this definition.
23 045-030(F)(3)g. Domestic animal breeding WITHDRAWN
g. Commercial breeding of animals shall be limited to farm
products
27 045-070(A)(2) Corrects an incorrect date e. Was of public record as of July 14, 2005 October 6, 2005 and
and ordinance number became nonconforming as a result of Town of Southwest
Ranches Ordinance Number 2006-0602…
27 045-070(C)(1) Corrects an incorrect date d. Were of public record as of July 14, 2006 October 6, 2005
and ordinance number, and and became nonconforming as a result of Town of Southwest
deletes repealed language Ranches Ordinance Number 2006-06 02
e. Was of public record as of March 2, 2006 and became
nonconforming as a result of Town of Southwest Ranches
Ordinance Number 2006-06, which excluded primary electrical
transmission easements, as well as drainage canals and lakes
Proposed for deletions are shown as stricken and proposed additions are shown as underlined. Proposed ULDC changes
incorporated into the MuniCode draft but not adopted by Council are shown as additions subsequently deleted.
28
EXHIBIT “B.” INDEX OF PROPOSED CHANGES TO MUNICODE DRAFT
from counting toward net plot area…
33 060-30 Adds a missing reference Places of worship [see Sec. 060-060, 060-090(D) and 060-
(to limitations on academic 090(E)
schools)
39 070-070 Deletes regulations on (C) Flags. Display of flags in the CB, M and CF districts is
display of flags in rural and subject to the following regulations.
agricultural areas (1) There shall be no more than one (1) flagpole per lot in the
rural and agricultural districts two (2) flagpoles per lot in all
other districts.
(4) No flag shall be longer than five (5) seven (7) feet in its
longest dimension
61, 68 120-60 Eliminates revision #61 and Revises site plan expiration language. See next page for full
replaces it with #68. text.
65 Chapter 2, Revises code enforcement See next page for full text.
Article VII provisions
66 New Sec.85-060 Retaining wall regulations See next page for full text.
67 New Sec. 85-070 New fill height regulations See next page for full text.
69 New Sec. 035-080 New indoor and assembly See next page for full text.
regulations
70 Sec. 005-080(c) Require that permits be See next page for full text.
posted on job sites
71 Sec.. 115-040 Establishes an expiration for See next page for full text
Sec. 115-100 plats and certificates of
conformity
65 Code Compliance Provisions
2-149 Code prosecutor means the Town Attorney
Owner means the person, entity, other responsible party, or combination thereof,
reflected as the property owner…
Violator means the person, entity, other responsible party, or combination
thereof…
2-154
(d) All fines and liens established pursuant to this Article shall be given super
priority and shall constitute a lien prior in dignity to all liens, including but
not limited to any mortgage on such property that may have been executed
and recorded prior to the existence of any fine or lien instituted pursuant to
this Article, excepting county tax liens and liens of equal dignity with county
tax liens.
2-155 (c) Citations
(2) A Code Officer who finds a violation of a code or ordinance shall have the
authority to serve a notice of violation to the Violator. Prior to issuing a
citation, the Code Officer shall provide a written notice to the person in
violation that the person has committed a violation of a code or ordinance
and establish a reasonable period of time for the person to correct the
violation. In accordance with F.S., Ch. 162.21(b), as may be amended from
Proposed for deletions are shown as stricken and proposed additions are shown as underlined. Proposed ULDC changes
incorporated into the MuniCode draft but not adopted by Council are shown as additions subsequently deleted.
29
EXHIBIT “B.” INDEX OF PROPOSED CHANGES TO MUNICODE DRAFT
time to time, such time period shall be reasonable shall be no more than
thirty (30) days. In making a determination of reasonableness the Code
Officer shall consider whether it is a Repeat Violation, whether the violation
presents a serious threat to the public health, safety, or welfare, whether
the Violator is engaged in violations of an itinerant or transient nature, and
whether the violation is irreparable or irreversible. If, upon personal
investigation, the Code Officer finds that the person has not corrected the
violation within the designated time period, the Code Officer may issue a
citation to the person who has committed the violation. In the event that a
Code Officer finds a violation of a code or ordinance, and the Violator has
been previously issued a notice of violation under the same code or
ordinance, no additional time shall be given to correct the violation and the
Code Officer may issue an immediate citation to the Violator.
New Sec. 2-159. Release of Liens.
Fines and liens created pursuant to this Article may be discharged and satisfied
by paying the amount specified in the notice of fine or lien, together with the
administrative costs, filing and recording fees and fees paid to file a satisfaction
of the lien in the public records. When such fine or lien has been paid, the code
prosecutor shall execute and shall record a satisfaction discharging the fine or
lien in the public records.
New Sec. 2-160. Responsibility for maintenance and compliance.
It is the responsibility of each owner to maintain their property in accordance with
the provisions of the code. Upon the filing of a lis pendens and/or an action, the
purpose of which is to foreclose upon the mortgage or similar instrument that
secures a debt upon the property, the owner and holder of the note and
mortgage or other similar instrument shall be considered the owner for purposes
of maintaining of the property in accordance with the code. This obligation shall
remain until such time as the property is sold or transferred to a new owner or the
foreclosure action described herein is dismissed. Where applicable, tenants or
lessees shall receive enforcement notices in connection with enforcement;
however, the owner is ultimately responsible for code compliance.
The holder and/or owner of any mortgage which is upon real property which is in
violation of the code shall be a responsible party for compliance upon the filing of
a lis pendens and/or action, the purpose of which is to foreclose upon the
mortgage or similar instrument that secures debt upon the real property. This
responsibility for compliance shall remain until such time as the property is sold
or transferred to a new owner, or the action described herein is dismissed.
New Sec. 2-161. Conveyance of property containing a town fine or a lien.
No property that contains or may have contained an unpaid town fine or lien shall
be sold, transferred or otherwise alienated after a Certificate of Title has been
issued pursuant to Chapter 45, Florida Statutes unless and until the person or
entity listed upon the Certificate of Title as the purchaser has obtained
a written certification of code compliance from the code officer. The
written certification of code compliance required by this subsection shall be for
the purpose of determining that the property in question complies with all building
Proposed for deletions are shown as stricken and proposed additions are shown as underlined. Proposed ULDC changes
incorporated into the MuniCode draft but not adopted by Council are shown as additions subsequently deleted.
30
EXHIBIT “B.” INDEX OF PROPOSED CHANGES TO MUNICODE DRAFT
codes and zoning codes applicable to the property. The written certification of
code compliance shall be made only after inspection of the property by the code
officer and other responsible town officials. The town may charge a reasonable
fee to cover its costs in inspecting the property. The inspection fee shall
be established by Resolution.
66 New 85-060. Retaining walls.
(A) Definition. A retaining wall is defined as a wall or other structure that holds
back earth (fill) or fluid on one side of it.
(B) Stem walls. Retaining walls for the primary fill pad of a roofed structure may
be located at the minimum horizontal distance from the property line
necessary to maintain a minimum 4:1 (4 horizontal to 1 vertical) slope ratio
in order to determine its height, (e.g., 4 feet high retaining wall must be set
16 feet minimum from property line). Decorative walls acting as retaining
walls are permitted to be used in place of perimeter berms provided they
comply with the Town’s Tertiary Drainage Exhibit, applicable provisions of
the ULDC, and the building code.
(C) Driveway retaining walls. When a driveway over fill is proposed to be
located close to an interior property line, such that it is not possible to
maintain a 4:1 slope ratio from the driveway to the property line, a retaining
wall shall be allowed, provided that:
(1) The retaining wall shall not exceed two and one-half (2 ½) feet in
height;
(2) The town engineer may require that a drainage swale or berm be
graded along the property line if necessary to contain the on-site
stormwater run-off;
(3) Retaining walls shall meet the applicable drainage district criteria;
(4) Retaining walls shall not adversely impact the drainage of the
adjacent property;
(5) Retaining walls shall not conflict with the Town’s Tertiary Drainage
Exhibit; and
(6) See sec. 080-190(B) for the minimum allowable driveway setback
from an interior property line.
(D) Decorative retaining walls. The town engineer and town administration
shall consider retaining walls for decorative terrain features such as
planters, waterfalls, patios and swimming pool amenities for permitting on
a case-by-case basis.
67 New 85-070. Maximum allowable fill elevations.
(A) Purpose. The purpose of this section is to establish standards that govern
the allowable height of fill that can be placed upon any portion of a lot.
(B) Definition. Fill is defined as material that is likely to retain its physical
Proposed for deletions are shown as stricken and proposed additions are shown as underlined. Proposed ULDC changes
incorporated into the MuniCode draft but not adopted by Council are shown as additions subsequently deleted.
31
EXHIBIT “B.” INDEX OF PROPOSED CHANGES TO MUNICODE DRAFT
and chemical structure, and that will not leach contaminants when
deposited into water, or as defined by Broward County Code. Fill material
includes soil, rock and clean debris.
(C) The maximum slope ratio for all lots occupied by a single-family dwellings
shall be 4:1 (4 horizontal to 1 vertical), except for perimeter berms, which
shall be permitted to have 3:1 maximum slopes.
(D) The maximum slope ratio for all other lots shall be 3:1, except where this
3:1 slope conflicts with the requirements of any other jurisdictional agency.
(E) The maximum building pad elevation and maximum elevation adjacent to
any structure shall be teneleven (1011) feet N.G.V.D, except as provided in
subparagraph (F), below.
(F) An area up to ten (10) percent of the net acreage of a lot may be filled
higher than teneleven (1011) feet N.G.V.D., provided that:
(1) No elevation shall exceed twelve (12) feet N.G.V.D.;
(2) The slope criteria and adequacy of water management shall not be
exceeded; and
(3) No elevation exceeding ten (10) feet shall be located closer than forty
(40) feet from any property line.
68 Site Plans
120-060 An approved site plan shall be effective until the development is completed, but
shall be null and void if a building permit for a principal structure buildingis not
issued within one (1) year from the date the site plan approval. The Town
Council may grant one (1) extension not to exceed six (6) months duration
upon demonstration of hardship and intent to proceed.
(A) All site plans shall expire unless:
(1) Complete applications for a building permit for all improvements as
shown on the approved site plan have been submitted within twelve
(12) months following the date of approval of the site plan; and
(2) Building permits for such improvements are issued within eighteen (18)
months following the date of approval of the site plan; and
(3) Such building permits remains valid and in effect until a certificate of
occupancy, or other equivalent approval is granted for the
improvements.
(B) In lieu of the timeframes set forth in subsection (A), the Town Council may
approve a phasing agreement for buildout of a site plan that includes
multiple structures.
(1) The Council may approve a phasing agreement at any time prior to
expiration of the site plan.
Proposed for deletions are shown as stricken and proposed additions are shown as underlined. Proposed ULDC changes
incorporated into the MuniCode draft but not adopted by Council are shown as additions subsequently deleted.
32
EXHIBIT “B.” INDEX OF PROPOSED CHANGES TO MUNICODE DRAFT
(2) A phasing agreement shall not allow more than three (3) years for the
developer to obtain building permits for all improvements shown on
the site plan, unless the terms of phased buildout are made part of a
binding developer agreement between the Town and the developer.
(3) Approval of such a developer agreement with phasing provisions shall
require the affirmative vote of four (4) councilmembers, with a specific
finding that the there is a overriding public interest in allowing the
buildout of the site plan to be phased.
69 New 35-080 Indoor and outdoor assembly in rural and agricultural districts.
Assembly within the rural and agricultural districts is permitted as an accessory
use only. This section defines the parameters of accessory assembly. Any
assembly that exceeds the parameters established herein shall be unlawful, and
a violation of this code.
(A) Intent. It is the intent of this section to help regulate large and recurring
assemblies that disrupt the quiet use and enjoyment of residential
properties.
(B) Definition. The following definition applies to this section: “assembly” is
defined as the gathering of unrelated persons other than the residents
and/or owners of the property upon which the gathering occurs, for any
organized purpose. The term shall be used synonymously with the term
“gathering.”
(C) Vacant property. Assembly upon vacant and undeveloped property, and
upon property with an unoccupied dwelling is not a valid accessory use,
and is prohibited. Assembly upon farms for agricultural-related purposes,
and upon properties owned by a governmental entity is not regulated by
this section.
(D) Permissible assembly. Assembly shall be deemed an accessory use of an
occupied single-family detached residence when the assembly complies
with this subsection, as follows:
(1) Assembly is limited to family, friends and acquaintances of the
property owner(s) and/or permanent resident(s) of the premises,
and their guests.
(2) In no event shall any assembly be held for profit, nor shall there be
any admission fee, payment or other consideration, aside from
normal congratulatory gifts, given for participation in the assembly
or for use of the premises, and in no event shall any assembly be
advertised or open to the general public.
(3) Amplified and non-amplified noise from the assembly shall not be
audible from within an adjacent dwelling or guest house (with
windows and doors closed) from 8:00 p.m. to 9:00 a.m. Monday thru
Friday and 11:00 p.m. to 9:00 a.m. Saturday and Sunday. National
Proposed for deletions are shown as stricken and proposed additions are shown as underlined. Proposed ULDC changes
incorporated into the MuniCode draft but not adopted by Council are shown as additions subsequently deleted.
33
EXHIBIT “B.” INDEX OF PROPOSED CHANGES TO MUNICODE DRAFT
Holiday’s shall follow the Saturday and Sunday schedule. On New
Year’s Eve non-amplified noise shall not be audible from within an
adjacent dwelling or guest house from 1:00 a.m. on New Year’s Day
to 9:00 a.m. This section is supplemental and is not intended to
replace Section 27 of the Town’s Code concerning noise
restrictions. The more stringent of the provisions shall apply.
(4) Assembly of thirty (30) or more persons at any one time shall not
occur more than two (2) times in any one (1) calendar year period
unless the town issues a permit pursuant to subsections (D) and (E)
below. All such assemblies shall be attended for the full duration by
an owner or permanent resident of the premises. At least ten (10)
business days prior to such assembly, the property owner or
permanent resident of the premises shall notify the town in writing of
the time and date of the assembly, the purpose of the assembly,
and the approximate duration of the assembly.
(5) Notwithstanding paragraph (4), no permit or notice shall be required
for an emergency assembly such as a gathering for friends and
family after a funeral service.
(E) Permit submittal requirements. In the event that a property owner or
resident desires to exceed the occurrence limitations set forth in paragraph
(C)(4) above, the property owner or a permanent resident of the property
shall submit an application form no later than fifteen(15) business days
prior to a proposed gathering, detailing at a minimum:
(1) The proposed date of the gathering;
(2) The anticipated number of persons that will be in attendance;
(3) Whether there will be any live entertainment or temporary structures;
(4) Where the vehicles of attendees will be parked;
(5) The proposed hours during which the gathering will occur;
(6) Any other information stipulated on the application form; and,
(7) Any fee and/or deposit that the town council may establish by
resolution.
(F) Disposition of permit. The town administrator shall determine whether to
issue the permit or deny the permit within three (3) business days of a
complete application submittal, and shall notify the applicant immediately
upon such determination. Failure of the administrator to act upon a
complete application within the allotted time shall constitute an approval of
the application. The town administrator shall approve the application if the
administrator finds that it is consistent with all of the following criteria:
(1) That the proposed gathering, as described on the application, will be
consistent with the provisions of this section;
(2) That no assembly has occurred in violation of this section within one
(1) year preceding the proposed gathering;
(3) That neither a code compliance officer nor law enforcement officer
has been called to the subject property in relation to a gathering within
the one (1) year period preceding the date of the proposed gathering,
Proposed for deletions are shown as stricken and proposed additions are shown as underlined. Proposed ULDC changes
incorporated into the MuniCode draft but not adopted by Council are shown as additions subsequently deleted.
34
EXHIBIT “B.” INDEX OF PROPOSED CHANGES TO MUNICODE DRAFT
due to a verified complaint about noise, parking, disorderly conduct,
litter, property damage, or other similar complaint;
(4) That public safety will not be substantially compromised as a result of
the assembly; and,
(5) That the frequency of recurrence, scale and character of assembly at
the location has not and will not disturb the peaceful use and
enjoyment of properties in the immediate area.
(G) Enforcement and penalty. The code compliance department and the town’s
law enforcement agency are authorized to enforce the provisions of this
section, including the authority to shut-down an assembly that is in violation
of this section.
(1) Upon a second violation of this section, no further assemblies of
greater than thirty (30) persons at any one time shall be permitted
on the property for a period of one (1) year from the date of the
second violation.
(H) Nothing in this section shall be construed as repealing other laws or code
provisions requiring separate applications for permits, such as building or
related permits. Those permits must be applied for separately and in
accordance with the laws or code provisions governing those activities.
70 005-080. Permits required; expiration of permits and development orders.
(C) Whenever development is occurring on a property pursuant to a town
permit, Aa permit card, or copy thereof, shall be conspicuously posted on
the site and visible from the adjoining street at all times. , aA set of
approved plans, and a final as-built survey, where applicable, shall be
available on the site, where construction development is occurring at all
times, that a scheduled inspection is being conducted to ensure
compliance with such approved plans.
71 115-040. Procedure; expiration.
(D) Town council approval of all plats, replats and delegation requests,
including findings of adequacy, shall automatically expire at the later of:
(1) Six (6) months from the date of town council approval; or
(2) Upon expiration of such applications as provided by the Broward
County Land Development Code; or
(3) Upon expiration of the county commission approval for such
applications, including findings of adequacy, as provided by the
Broward County Land Development Code.
New 115-100. Expiration.
All certificates of conformity shall expire six (6) months from the date of approval
unless the requisite documents effectuating the subdivision, as approved, have
been recorded.
Proposed for deletions are shown as stricken and proposed additions are shown as underlined. Proposed ULDC changes
incorporated into the MuniCode draft but not adopted by Council are shown as additions subsequently deleted.
35
ORDINANCE NO. 2009 -
AN ORDINANCE OF THE TOWN OF SOUTHWEST RANCHES,
FLORIDA, ADOPTING A NEW, CODIFIED, AND REVISED
PORTION OF THE TOWN’S CODE OF ORDINANCES,
INCLUDING BUT NOT LIMITED TO THE CHARTER, UNIFIED
LAND DEVELOPMENT CODE, AND SELECTED PROVISIONS
OF THE TOWN’S CODE; REPEALING ALL PRIOR
ENACTMENTS WHICH THIS CODIFICATION REPLACES;
ESTABLISHING THE ENACTMENT DATE; PROVIDING FOR
AMENDMENT; PROVIDING FOR THE PENALTY FOR THE
VIOLATION THEREOF; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on December 29, 2005, Municipal Code Corporation (MCC)
submitted a proposal related to the codification of the Town’s Charter, Unified
Land Development Code, and other selected Ordinances in order to compile,
reference, and index the Town’s Unified Land Development Code and all related
ordinances of the Town in a coherent manner concurrent with governmental
standards, which would be accessible by the general public; and
WHEREAS, on January 5, 2006, pursuant to Resolution No. 2006-029,
the Town Council entered into an Agreement with MCC; and
WHEREAS, after an extensive review and codification process, MCC has
provided the Town with a new, codified, and revised portion of the Town’s
Charter, Unified Land Development Code (“ULDC”), and various other provisions
of the Town’s Code; and
WHEREAS, since this selected codification only consists of records
through May 1, 2008, all subsequent Ordinances shall be included in regular
supplements; and
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town
of Southwest Ranches, Florida:
Section 1: That the foregoing “WHEREAS” clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Ordinance.
Section 2: The Town hereby adopts a new, codified, and revised portion
of the Town’s Code of Ordinances, including but not limited to, the Charter,
Unified Land Development Code, and selected Ordinances, as published by the
36
Municipal Code Corporation in 2008 (hereinafter “2008 Codification”), as
attached hereto in Electronic Copy as Exhibit “A”, pursuant to the modifications
attached hereto as Exhibit “B”.
Section 3: That all prior enactments, which this 2008 Codification
replaces, shall be deemed to be repealed and replaced by the 2008 Codification.
As stated in Section 9.03 of the Town’s Charter, in no event is this 2008
Codification intended to repeal or replace any other portion of the June 6 2000,
Broward County Code of Ordinances unless previously modified or replaced by
the Town’s Charter, or official action of the Town Council.
Section 4: The 2008 Codification shall be deemed to be enacted upon
second and final reading of this Ordinance. All Ordinances adopted after May 1,
2008, that amend or refer to Ordinances or Sections that may have been codified
in the 2008 Codification shall be construed as if they amend or refer to like
provisions in the 2008 version and shall be included within the first supplement.
Section 5: The 2008 Codification may be amended by subsequent
Ordinance, when such amendment indicates that it shall be made a part of the
Town’s Code.
Section 6: Unless another penalty is expressly provided, every person
convicted of a violation of any provision of the Code or any ordinance, rule or
regulation adopted or issued in pursuance thereof shall be punished by a fine not
exceeding $500.00 and/or imprisonment not to exceed 60 days. Each act of
violation and each day upon which any such violation shall continue or occur
shall constitute a separate offense. The penalty provided by this section, unless
another penalty is expressly provided, shall apply to the amendment of any Code
section, whether or not such penalty is reenacted in the amendatory ordinance.
In addition to the penalty prescribed above, the Town may pursue other
remedies such as abatement of nuisances, injunctive relief and revocation of
licenses or permits.
Section 7: Conflicts. All Ordinances or parts of Ordinances, Resolutions
or parts of Resolutions in conflict herewith, and the same are hereby repealed to
the extent of such conflict.
Section 8: Severability. If any word, phrase, clause, sentence or section
of this Ordinance is, for any reason, held unconstitutional or invalid, the invalidity
thereof shall not affect the validity of any remaining portions of this Ordinance.
Section 9: Effective Date. This Ordinance shall become effective upon
its adoption.
37
PASSED ON FIRST READING this 15th day of January, 2009 on a motion
made by Vice Mayor Breitkreuz and seconded by Council Member Aster Knight.
PASSED AND ADOPTED ON SECOND READING this 19th day of March,
2009, on a motion made by _______________________________ and seconded
by ____________________________.
Nelson _______ Ayes _______
Breitkreuz _______ Nays _______
Fisikelli _______ Absent _______
Knight _______ Abstaining _______
McKay _______
Jeff Nelson, Mayor
ATTEST:
____________________________
Susan A. Owens, CMC, Town Clerk
Approved as to Form and Correctness:
_____________________________
Gary A. Poliakoff, J.D., Town Attorney
FTL_DB: S20572/69682:1133697_1
38
Town Council
Town of Southwest Ranches Jeff Nelson, Mayor
6589 SW 160 Avenue Steve Breitkreuz, Vice Mayor
Freddy Fisikelli, Council Member
Southwest Ranches, FL 33331 Aster Knight, Council Member
Doug McKay, Council Member
(954) 434-0008 Town Hall
(954) 434-1490 Fax Bert Wrains, Interim Town Administrator
Jean Watson, Town Financial Administrator
Gary A. Poliakoff, J.D., Town Attorney
Susan A. Owens, CMC, Town Clerk
MEMORANDUM
TO: The Honorable Town Council
VIA: Bert Wrains, Interim Town Administrator
FROM: Michele Mellgren, AICP – Town Planner
DATE: March 19, 2009
RE: PROPOSED ORDINANCE AMENDING THE COMPREHENSIVE PLAN TO INCLUDE THE
STATUTORY REQUIREMENT OF A WATER SUPPLY FACILITIES PLAN- 2nd Reading
RECOMMENDATION:
This proposed ordinance is presented for your consideration and approval.
MARCH 19, 2009 UPDATE: The Florida Department of Community Affairs (DCA) required the Town to provide
additional data and comprehensive plan policies. The revised amendment package is attached, and DCA has indicated
that it addresses all of its issues.
SUMMARY EXPLANATION & BACKGROUND:
South Florida has historically relied on the easily accessed fresh water of the Biscayne Aquifer to supply potable water.
In 2006, the South Florida Water Management District (SFWMD) prohibited potable water utilities from increasing their
withdrawals of Biscayne Aquifer water to meet increasing demand for water. As a result, utilities all across South
Florida have been scrambling to find other sources of water and implement conservation programs to meet current and
future needs.
The actions of the Water Management District are in step with actions of the state legislature to force a stronger
connection between water suppliers and local government comprehensive plans. The legislature accomplished this chiefly
through amendments to Florida Statutes that require all local governments and water suppliers to adopt a ten-year water
supply facilities plan and implementing comprehensive plan amendments. For Southwest Ranches, which relies mostly
on individual wells for water, the actions of the SFWMD and state legislature are not of direct impact. However, the
Town is still required by law to adopt a ten-year water supply facilities plan and associated comprehensive plan
amendments.
The attached water supply facilities plan demonstrates coordination with the cities of Sunrise and Cooper City to the
extent that both supply potable water to properties within Southwest Ranches, but clearly states that the potable water in
the Town is supplied on a decentralized, individual-supply basis. Since the SFWMD has not taken actions to curtail the
use of individual wells for private residences, the Town has sufficient water to meet its needs for the next ten years and
beyond.
Staff is proposing to amend five policies in the Comprehensive Plan in order to satisfy the statutory requirement. All of
the proposed policy revisions and additions are formalities except for revisions to Policies II-A17.1 and II-A17.2, which
clarify the intent of the Town to continue to rely on individual wells in lieu of municipal water supply extensions as its
primary means of water supply.
Item Approved By: To be completed by Town Clerk’s Office:
Interim Town Administrator
Council Meeting Date _March 19, 2009_
Town Attorney Agenda Item No. __QSI-2__
Town Planner Item Advertised __March 6, 2009__
Version: Quasi-Judicial Items
Rev History: Est. 11/06/08
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MEMORANDUM
DATE: November 21, 2008
TO: Laura Regalado
FROM: Travis Minch, AICP
RE: Town of Southwest Ranches 10-Year Water Supply Facilities Work Plan and Related
Amendments
Attached, please find the revised Town of Southwest Ranches 10-Year Water Supply Facilities
Work Plan and Related Amendments. Our firm has revised both, the work plan and amendment
package, on behalf of the Town in response to the six objections raised by the Department of
Community Affairs and other reviewing agencies. We ask that you please review the changes
made to both documents and advise us as to whether the changes made are sufficient to address
the objections raised by DCA and other agencies before asking the Town to adopt the revised work
plan and amendments. Below is a description of each of the changes made in response to the six
objections.
Objection 1:
In response to Objection 1, the Town of Southwest Ranches has researched and determined that
no potable water facilities are provided to the Town by the City of Pembroke Pines. A service area
map for the Town was added to the Town of Southwest Ranches 10-Year Water Supply Facilities
Work Plan to better illustrate current and potential water service opportunities.
Objection 2:
In response to Objection 2, Policy II-E2.24 was added to the comprehensive plan. Policy II-E2.24
states that “the Town shall adopt procedures to ensure that prior to approving a building permit or
its functional equivalent, the Town will consult with the applicable water supplier to determine
whether adequate water supplies to serve the new development will be available no later than the
anticipated date of issuance of a certificate of occupancy or its functional equivalent.”
Objection 3:
In response to Objection 3, Objective II-F10 and Policies II-F10.1 through II-F10.6 were added to
the comprehensive plan. Objective II-F10 was created to “support the conservation of potable
water by adopting or supporting the water conservation practices and programs of the City of
Sunrise, Cooper City, Pembroke Pines, and Broward County.” The policies that were added were
created to implement the objective of water conservation.
Objection 4:
In response to Objection 4, Policy II-H2.5 was deleted and a new objective, II-H4 was added to the
comprehensive plan. In addition, policies II-H4.1 through II-H4.3 were added to the comprehensive
plan to implement this new objective. Objective II-H4 was created to “ensure a meaningful process
for collaborative planning and intergovernmental coordination, on a continuing and ongoing basis,
on water supply issues between the Town and the South Florida Water Management Districts,
Broward County and the local governments that provide water service within the Town.”
6555 Nova Drive Suite 305 Fort Lauderdale, FL 33317 954-475-3070 Fax: 954-475-9550 www.mellgrenplanninggroup.com
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Objection 5:
In response to Objection 5, Policy II-H4.3 was added. Policy II-H4.3 states that “the Town shall
coordinate with the South Florida Water Management District, the City of Sunrise, Cooper City, the
City of Pembroke Pines, and Broward County related to updating the Town’s Water Supply
Facilities Work Plan within 18 months after the South Florida Water Management District updates
the Lower East Coast Regional Water Supply Plan Update.”
Objection 6:
In response to Objection 6, the Town coordinated with Cooper City and has adopted in Policy II-
E2.13, a common LOS standard of 101.33 gallons per capita per day. The Town has also
concluded along with the City of Pembroke Pines that no potable water facilities are provided to the
Town by the City of Pembroke Pines.
Thank you for your assistance with this matter. If you have any questions, please do not hesitate to
contact me at (954) 475-3070.
6555 Nova Drive Suite 305 Fort Lauderdale, FL 33317 954-475-3070 Fax: 954-475-9550 www.mellgrenplanninggroup.com
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ORDINANCE NO. 2009 -
AN ORDINANCE OF THE TOWN OF SOUTHWEST RANCHES,
FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT, UTILITIES
ELEMENT, INTERGOVERNMENTAL COORDINATION ELEMENT, AND
CAPITAL IMPROVEMENTS ELEMENT OF THE TOWN OF
SOUTHWEST RANCHES COMPREHENSIVE PLAN CONSISTENT
WITH THE TOWN'S TEN-YEAR WATER SUPPLY FACILITIES PLAN;
AUTHORIZING TRANSMITTAL OF THE WATER SUPPLY FACILITIES
PLAN AND COMPREHENSIVE PLAN AMENDMENTS TO THE
DEPARTMENT OF COMMUNITY AFFAIRS AND OTHER AGENCIES AS
REQUIRED BY RULE 9J-11, F.A.C; PROVIDING FOR INCLUSION IN
THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 163.3177, F.S. requires that every local government that is
subject to a regional water supply plan prepare a local water supply facilities plan and
revise its General Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural
Groundwater Aquifer Recharge Element, or equivalent (the “Utilities Element” of the
Southwest Ranches Comprehensive Plan) within 18 months of the updated regional
water supply plan approval;
WHEREAS, Section 163.3177, F.S. requires that every local government that is
subject to a regional water supply plan revise its five year schedule of capital
improvements to include any water supply, reuse, and conservation projects and
programs to be implemented during the five year period;
WHEREAS, the Town relies on individual well water supply, and does not propose
any capital improvements for water supply, reuse, or conservation projects; and
WHEREAS, Section 163.3177, F.S. requires that every local government that is
subject to a regional water supply plan revise its Conservation Element to the extent
necessary to maintain internal consistency; and
WHEREAS, the Town Council finds that it is not necessary to amend the
Conservation Element for internal consistency; and
WHEREAS, Section 163.3177, F.S. requires that every local government that is
subject to a regional water supply plan revise its Intergovernmental Coordination
Element to ensure coordination of the comprehensive plan with applicable regional
water supply plans and regional water supply authority plans; and
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WHEREAS, the Town Council finds it appropriate to amend the text of the Future
Land Use Element of the Town of Southwest Ranches Comprehensive Plan for the
purpose of internal consistency with the water supply policies being incorporated in
other elements of the plan.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF SOUTHWEST RANCHES, FLORIDA:
Section 1: That the foregoing “WHEREAS” clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Ordinance.
Section 2: That the Town of Southwest Ranches Water Supply Facilities Plan,
attached as Exhibit “A” is hereby approved.
Section 3: That the Town of Southwest Ranches Comprehensive Plan is hereby
amended to incorporate water supply policies consistent with the Town of Southwest
Ranches Water Supply Facilities Plan into the Future Land Use Element, Utilities
Element, Intergovernmental Coordination Element, and Capital Improvements Element,
as shown in Exhibit “B” attached hereto.
Section 4: That the Town Administrator or designee is hereby authorized to
transmit the amendment and work plan to the Department of Community Affairs and
other agencies as required by state administrative rule for review.
Section 5: That the Town Administrator or designee shall, immediately
following the effective date of this Ordinance, cause the Town of Southwest Ranches
Comprehensive Plan to be updated to reflect this amendment.
Section 6: Conflicts. All Ordinances or parts of Ordinances, Resolutions or
parts of Resolutions in conflict herewith, be and the same are hereby repealed to the
extent of such conflict.
Section 7: Severability. If any word, phrase, clause, sentence or section of
this Ordinance is, for any reason, held unconstitutional or invalid, the invalidity thereof
shall not affect the validity of any remaining portions of this Ordinance.
Section 8: Effective Date. The effective date of this plan amendment shall
be the date a final order is issued by the Department of Community Affairs, finding the
amendment to be in compliance in accordance with Chapter 163.3184, Florida Statutes;
or the date a final order is issued by the Administrative Commission finding the
amendment to be in compliance in accordance with Section 163.3184, Florida Statutes.
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PASSED ON FIRST READING this 10th day of July, 2008 on a motion made by
Council Member Aster Knight and seconded by Council Member Steve Breitkreuz.
PASSED AND ADOPTED ON SECOND READING this 19th day of March, 2009,
on a motion made by __________________ and seconded by __________________.
Nelson _______ Ayes _______
Breitkreuz _______ Nays _______
Fisikelli _______ Absent _______
Knight _______ Abstaining _______
McKay _______
___________________________
Jeff Nelson, Mayor
ATTEST:
_____________________________
Susan A. Owens, CMC, Town Clerk
Approved as to Form and Correctness:
_____________________________
Gary A. Poliakoff, J.D., Town Attorney
FTL_DB: 1125229_1
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Town of Southwest Ranches
Water Supply Facilities Work Plan
TOWN OF SOUTHWEST RANCHES, FLORIDA
WATER SUPPLY FACILITIES WORK PLAN
Prepared For:
Florida Department of Community Affairs
Prepared By:
The Mellgren Planning Group
NovemberJune 215, 2008
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Town of Southwest Ranches
Water Supply Facilities Work Plan
INTRODUCTION
This water supply facilities work plan has been prepared to comply with Section
163, Part II, F.S.. Information contained in this document is primarily drawn
from the following four major document sources: South Florida Water
Management District’s Lower East Coast Water Supply Plan 2005-2006
Update, City of Sunrise Ten-Year Water Supply Facilities Work Plan 2008,
Technical Memorandum, “Impact of Revised Population Projections on Cooper
City’s Water Demand Projections,” prepared by CH2M Hill for Cooper City
Utilities Department on April 17, 2008, and the Town of Southwest Ranches
Comprehensive Plan. This work plan was also prepared using A Guide for
Local Governments in Preparing Water Supply Comprehensive Plan
Amendments and Water Supply Facilities Work Plans, a work plan guide
prepared by the Florida Department of Community Affairs, Division of
Community Planning.
BACKGROUND
In four of the five water management districts in Florida, traditional water supply
sources will not be sufficient to meet demands of the growing population and
the needs of the environment, agriculture, and industry. In response to this
water supply issue, the Florida Legislature enacted bills in 2002, 2004, and
2005 to more effectively address the state’s water supply needs by improving
the coordination between local land use planning and water supply planning.
The focus of the 2002 legislation was to add requirements to Chapter 163,
Florida Statutes (F.S.), for local governments to prepare 10-year water supply
facilities work plans and to incorporate certain portions of the work plans into
their comprehensive plans. The legislative change emphasized the need for
local work plans to consider the applicable regional water supply plans
prepared by the water management districts. In 2004, the Legislature further
amended Chapter 163 to give local governments until December 1, 2006 to
prepare the 10-year water supply facilities work plans.
In 2005, the Florida Legislature enacted Senate Bills 360 and 444. The
legislation significantly changed Chapters 163 and 373, F.S., to improve the
coordination of water supply and land use planning. Based on this legislation,
the local government’s water supply facilities work plan and associated
amendments to the comprehensive plan must be completed no later than 18
months after the water management district approves a regional water supply
plan or its update.
DESCRIPTION OF THE LEC PLANNING AREA
The South Florida Water Management District’s Lower East Coast (LEC)
Planning Area is world-renown for its spectacular ecosystems, such as the
Everglades, Lake Okeechobee, Florida Bay and Biscayne Bay. It is also known
for being a highly populated urbanized area in the southeastern portion of
Florida. The LEC Planning Area covers approximately 6,100 square miles and
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Town of Southwest Ranches
Water Supply Facilities Work Plan
includes essentially all of Miami-Dade, Broward, and Palm Beach counties,
most of Monroe County, and the eastern portions of Hendry and Collier
counties. The Town of Southwest Ranches is located in LEC Planning Area
which is one of the four water management districts where traditional water
supply sources will not be sufficient to meet future demands.
According to the SFWMD, the population in the LEC Planning Area is projected
to increase by 30 percent between 2005 and 2030, growing from 5.6 million to
7.3 million people. The will result in a net increase of 393 million gallons per
day (MGD) in water demand across all land use categories over the next 20
years. All or most of this demand will be supplied from alternate water sources.
Alternate water sources include brackish water from the Floridan Aquifer,
reclaimed water, excess storm water during the rainy season, or saltwater from
the ocean. Traditional water sources include fresh groundwater from the
Surficial Aquifer System (SAS) and the Biscayne Aquifer, and surface water,
primarily from the Everglades and Lake Okeechobee.
DESCRIPTION OF THE TOWN OF SOUTHWEST RANCHES
The Town of Southwest Ranches is located in southwest Broward County,
Florida. It is a semi-rural agricultural and equestrian community . Development
within Southwest Ranches consists of single-family detached residences on
large lots (predominantly two acres and larger), one shopping center and
several community facility land uses (mostly places of worship). The Town
encompasses a land area of approximately 13 square miles and has an
estimated population of 8,527 (2006).1 Only two small portions of the Town are
currently served by a centralized potable water system. The Town generally
opposes any further expansion of these utilities, as a matter of policy. The
Town’s population is projected to increase by approximately 27 percent
between 2006 and 2030, from 8,527 to approximately 10,805. All of this growth
will be accommodated by the remaining vacant land designated for singe family
estates. There are no areas of the town designated for attached housing of any
kind, or single-family detached housing on lots smaller than one full acre.
Additionally, there are no areas of the town designated for nonresidential and
nonagricultural use other than those already developed.
Table 1: Town of Southwest Ranches Current and Projected Population.
Year 2006 2010 2015 2020 2025 2030
Population 8,527 8,898 9,925 10,657 10,752 10,805
Source: Broward County Planning Services Division “Broward-by-the Numbers, Number 51”
March 2007.
POTABLE WATER DISTRIBUTION AND SUPPLY FACILITIES WITHIN THE
TOWN OF SOUTHWEST RANCHES
The Town of Southwest Ranches does not own or operate any potable water
distribution or supply facilities. There are two potable water distribution
1
Broward County Planning Services Division, March 2007, “Broward-by-the-Numbers,” Number 51.
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Town of Southwest Ranches
Water Supply Facilities Work Plan
systems, owned and operated by adjacent municipalities, located within the
Town. Each resident in the Town served by a centralized water system is a
retail customer of the entity which owns and operates that system. In the
eastern portion of the Town, the centralized water service provider is Cooper
City. In the middle portions of the Town, the centralized water service provider
is the City of Sunrise. Pembroke Pines maintains potable water mains adjacent
to Town limits but none of these facilities actually serve properties in the Town.
As shown in Map 1, a large percentage ofll other areas of the Town must rely
onhave a domestic self supply of water (i.e., individually owned private well
system) as opposed to municipal owned and operated potable water systems
(i.e., individually owned private well system).
A. The City of Sunrise’s Retail Water Service Area
The City of Sunrise is located in western Broward County, north of the Town’s
limits. Its utility provides centralized potable water service to the cities of
Sunrise, Weston, Town of Davie, and to the Town of Southwest Ranches if
requested. In total, this service area is made up of 215,000 retail water
customers. In the Town of Southwest Ranches, Sunrise currently serves
approximately 40 percent of the land area.2 This percentage may increase in
the future; a decision that will be driven by customer/residents discretion.
Potable water from City of Sunrise is not needed to accommodate future growth
in Southwest Ranches.
B. Cooper City’s Retail Water Service Area
Cooper City is located in southwestern Broward County, east of the Town’s
limits. Its utility provides centralized potable water service to Cooper City,
Town of Davie, and a very small area in the Town of Southwest Ranches. In
total, this service area is made up of 29,987 retail water customers. Of this
total, 68 people are served by Cooper City utilities but located outside the city
limits of Cooper City. It is estimated that twenty residents and a few non-
residential properties in the Town of Southwest Ranches are served by Cooper
City Utilities. Potable water from Cooper City is not needed to accommodate
future growth in Southwest Ranches. Also of note, Cooper City adopted a
policy of not expanding its facilities outside of the Cooper City limits.
POTABLE WATER FACILITIES INVENTORY AND ANALYSIS
A. Introduction
Although the Town of Southwest Ranches does not own or operate its own
potable water facilities, as a local government in Florida, it is required to meet
all statutory requirements pertaining to the creation of a water supply facilities
work plan. As such, included here is an inventory and analysis of the
centralized potable water systems located within the Town. In general, each
centralized water system can be described in four main parts: supply,
2
City of Sunrise, “10-year Water Supply Facilities Work Plan, presented on April 3, 2008.
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Town of Southwest Ranches
Water Supply Facilities Work Plan
production, treatment, and storage and distribution. However, because Cooper
City supplies water to such a small area of land in the Town (comprising less
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Town of Southwest Ranches
Water Supply Facilities Work Plan
Map 1: Municipal Water Systems within the Town of Southwest Ranches
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Town of Southwest Ranches
Water Supply Facilities Work Plan
than 1 thousandth percent of total demand), a detailed inventory of all potable
water components is not provided.
At this time, the water supply for both Sunrise and Cooper City is entirely
supported by a “traditional” source of drinking water, that is, the Biscayne
Aquifer. The Biscayne Aquifer is one of the most productive aquifers in the
world and is the primary source of freshwater for residents of Broward County,
Miami-Dade County, and southeastern Palm Beach County. Hydrological
modeling indicates that the Biscayne Aquifer gets two-thirds of its water from
rainfall infiltration and the remaining third from lateral seepage of the Florida
Everglades.
Consumptive Use Permitting
Withdrawals from the Biscayne Aquifer are managed by the SFWMD through
the issuance of Consumptive Use Permits (CUPs). In order to secure and
maintain a CUP, applicants must meet the criteria of a “three-prong test”. This
test requires:
1. Reasonable and beneficial use of the resource;
2. Consistency with public interest, including compliance with minimum
flows and levels (MFLs) established for surface water and groundwater
sources; and
3. Demonstration of no adverse impact to existing legal users (Chapter
373, F.S.).
The MFLs outlined in the Florida State Statutes are defined as the “limit at
which further withdrawals would be significantly harmful to the water resources
or ecology of the area” (section 373.042(1), F.S.). This serves to protect the
Biscayne Aquifer from saltwater intrusion, ensure adequate groundwater levels
for maintenance of natural systems, and prevent excessive groundwater
seepage or surface water flows from the regional (Everglades) system.
B. City of Sunrise Inventory of Potable Water Components
1. Water Supply (e.g., aquifers, surface waters, and seawater)
The City of Sunrise currently holds a consumptive use permit from SFWMD to
withdrawal an average of 29.09 MGD of water from the Biscayne Aquifer.
Taking into account a historic raw to finished water ratio of 1.12 (over the past
five years), this provides Sunrise with the ability to supply up to 26 MGD of
finished water. In 2007, the average day demand was 25.7 MGD which was
down slightly from the year prior due to water restrictions. Residents in the
Town of Southwest Ranches are estimated to comprise approximately 1.2% of
the total demand placed on the potable water utility.
2. Water Production (e.g., wells and Intakes)
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Town of Southwest Ranches
Water Supply Facilities Work Plan
Raw water for the entire Sunrise water service area is produced at four active
wellfields which, in total, have an installed capacity of 63 MGD.
a. The Springtree wellfield is located South of NW 44th Street, east of
Pine Island Road and west of University Drive. The wellfield consists of a
total of 24 production wells with 17 wells in operation and 7 wells that have
been abandoned. This wellfield has a total installed pump capacity of 27.3
mgd.
b. The Sawgrass wellfield is located near or adjacent to the Bank Atlantic
Arena, west of NW 136th Avenue and east of the Sawgrass Expressway
(State Road 869). This wellfield was constructed in 1998 and is comprised
of six Biscayne wells with a total raw water capacity of 18 mgd. This
wellfield supplies raw water to the Sawgrass Water Treatment Plant (WTP).
c. The Flamingo Park wellfield is located between NW 136th Avenue and
Flamingo Road North of NW 8th Street. The wellfield consists of four
existing wells with a total raw water capacity of 15 mgd. These wells add
flow to the Sawgrass WTP.
d. The Southwest wellfield is located south of Stirling Road, west of
Interstate I-75 on the South West Water Treatment Plant site. The wellfield
consists of three Biscayne Aquifer wells with a total raw water capacity of
3.0 mgd.
3. Water Treatment (e.g., centralized treatment plants)
Finished water for the entire Sunrise water service area is produced at three
treatment plants which have a combined permitted design capacity of 44 MGD.
a. The Springtree WTP is located on a 20.6-acre site located south of NW
44th Street and east of Springtree Drive. The water treatment facility is a
conventional lime softening treatment facility followed by disinfection and
has undergone several expansions since its purchase. This facility is
composed of two plants, A and B, with a total design and permitted
treatment capacity of 24 mgd. Lime sludge residuals generated from the
softening process are separated from the main process flow and dewatered
for ease of handling and disposal. Water extracted in the dewatering
process is reprocessed for use.
b. The Sawgrass WTP, located at NW 8th Street within the Sawgrass
Corporate Park, was constructed in 2000 and expanded in 2003. The plant
uses nanofiltration as the primary treatment process with post treatment
degasification and disinfection. The plant has a permitted treatment capacity
of 18 mgd and a design capacity of 24 mgd. The concentrate produced from
the membrane softening process is pumped to a concentrate disposal well
located on site.
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Town of Southwest Ranches
Water Supply Facilities Work Plan
c. The Southwest WTP was built in 1988 and is located near the
intersection of Interstate 75 and Stirling Road. The water treatment facility is
a conventional lime-softening treatment plant with a treatment capacity of
approximately 2 mgd. The residual handling systems for this facility consist
of one wash water recovery basin (Sav-All Tank) and two sludge lagoons.
4. Water Storage, Transmission and Distribution System (e.g., towers,
groundwater storage tanks, mains, and lines)
The potable water transmission and distribution system for the City of Sunrise
Utilities service area is comprised of over 750 miles of water lines ranging from
2 to 48 inch in diameter. No lines larger than 12 inches in diameter extend into
the Town of Southwest Ranches.
The three water treatment plants each have two ground water storage tanks
each designed to buffer the water production process from the water
distribution system. In addition to the water treatment plant storage, the City
maintains two offsite storage facilities. These offsite facilities are comprised of
ground storage tanks, re-chlorination systems and high service pumps that
assist with meeting peak hourly flow and fire flow requirements.
5. Summary of Sunrise’s Potable Water System
In summary, the Sunrise Water Utility System consists of four main
components which operate together to provide potable water to the residents of
the Town of Southwest Ranches and other municipalities. Since all
components are interdependent on each other, the capacity of the entire
system depends on the component with the lowest capacity. In the case of
Sunrise, the capacity of the entire system is currently limited by the
consumptive use permit issued by the SFWMD. Note in the table below that
the CUP issued by the SFWMD is the most limiting of the four components.
Table 2: Summary of Sunrise Water System Components
Component Capacity Notes
Supply (finished water) 26.0 (avg. day est.) Limit placed upon the water
source by the CUP
Production 63 MGD Produced from four
wellfields in total
Treatment 44 MGD Produced at three water
treatment plants
Storage and Distribution 10-12 inch mains, 2 Needed for peak periods
offsite storage tanks and fire flow requirements.
Source: City of Sunrise 10-year Water Supply Facilities Work Plan.
Information compiled by The Mellgren Planning Group.
C. Cooper City Water Supply (e.g., aquifers, surface waters, and seawater)
Cooper City currently holds a consumptive use permit from SFWMD to
withdrawal an average of 4.62 MGD of water from the Biscayne Aquifer.
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Town of Southwest Ranches
Water Supply Facilities Work Plan
Taking into account a current efficiency rate of 83 percent, this provides Cooper
City will the ability to supply up to 3.83 MGD of finished water. In 2007, the
average day demand was 3.14 MGD which was down slightly from the year
prior due to water restrictions. Demands from the Town of Southwest Ranches
are estimated to comprise less than one thousandths percent of the total
demand placed on the potable water utility.
CURRENT AND PROJECTED POPULATION AND FINISHED WATER
DEMANDS
In order to assess whether there will be sufficient potable water to serve the
residents in the Town of Southwest Ranches who are, or will be, connected to a
centralized water service, the current and projected potable water needs of the
Town must be analyzed with the needs of all water users in the City of Sunrise;
and then again with the needs of all water users in Cooper City. This is
because Sunrise and Cooper City each serve other areas in addition to the
Town of Southwest Ranches. Table 3 presents the current and projected
population and finished water demand for the Sunrise Service Area including
Weston, Town of Davie, and the Town of Southwest Ranches until the year
2030. Table 4 presents the current and projected population and finished water
demand for the Cooper City Service area including Monterra, an approved but
mostly unbuilt development in Cooper City, the Town of Davie, and the Town of
Southwest Ranches until the year 2025.
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Town of Southwest Ranches
Water Supply Facilities Work Plan
Table 3: Current and Projected Population and Finished Water Demand for the Sunrise Service Area including the
Town of Southwest Ranches, 2008-2030.
Weston Davie Sunrise TOSWR Total
Year
Population Demand Population Demand Population Demand Population* Demand** Population Demand
2008 63,200 10.92 55,700 6.17 92,800 10.42 10,200 0.66 221,900 28.17
2013 65,500 11.30 59,400 6.54 101,800 11.65 11,100 0.70 237,800 30.19
2015 66,100 11.42 60,800 6.68 106,000 12.20 11,400 0.72 244,300 31.02
2018 66,900 11.55 62,500 6.84 110,400 12.81 11,900 0.74 251,700 31.94
2030 68,500 11.92 65,200 7.17 119,000 13.80 12,300 0.76 265,000 33.65
Source: The Mellgren Planning Group, Inc. Figures derived from the Sunrise 10-Year Water Supply Facilities Work Plan, as presented April 3, 2008.
* Includes population of future water service areas.
** Includes demand of future water service areas.
Note: Demand is calculated in millions of gallons per day.
Table 4: Current and Projected Population and Finished Water Demand for the Cooper City Service Area including
the Town of Southwest Ranches, 2008-2030.
Cooper City Monterra Population Davie TOSWR Total
Year
Population Demand Population Demand Population Demand Population Demand Population Demand
2008 29,808 3.0207 393 .0358 48 .0049 20 .0020 30,269 3.0634
2010 29,958 3.0359 2,337 .2126 48 .0049 20 .0020 32,363 3.2554
2015 32,570 3.3001 5,730 .5213 48 .0049 20 .0020 38,368 3.8283
2020 32,857 3.3297 5,730 .5213 48 .0049 20 .0020 38,655 3.8579
2025 33,181 3.3626 5,730 .5213 48 .0049 20 .0020 38,979 3.8908
Source: The Mellgren Planning Group, Inc. Figures derived from the Technical Memorandum, “Impact of Revised Population Projections on
Cooper City’s Water Demand Projections,” prepared by CH2M Hill for Cooper City Utilities Department on April 17, 2008.
Note: Demand is calculated in millions of gallons per day.
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Town of Southwest Ranches
Water Supply Facilities Work Plan
CAPACITY ANALYSIS
A. City of Sunrise
As was discussed in the Potable Water Facilities Inventory and Analysis
section, the City of Sunrise has the ability to supply an estimated 26 MGD of
finished water to its service area per its current CUP. At this time, the City of
Sunrise is in the final stages of being issued a new CUP by the SFWMD. The
new CUP allocation will be based on the projected demand of the Sunrise
Service Area as shown in the section above. Due to a determination by the
SFWMD that traditional water supply resources from the Biscayne Aquifer will
not be adequate to meet future demands, however, the City of Sunrise will not
be able to simply increase the amount of water withdrawn from each of its
wellfields. Instead, it must develop alternate water supply sources and
construct new facilities to meet its projected service area water demand.
Additional information on the SFWMD’s determination and this issue in general
can be found in the City of Sunrise’s10-Year Water Supply Facilities Work Plan.
To meet its projected demand, the City of Sunrise will develop alternate water
supply sources, construct new facilities based on those alternate water supply
sources, and implement new conservation efforts. Information on the proposed
improvements can be found in the City of Sunrise’s10-Year Water Supply
Facilities Work Plan. As demonstrated below, the City of Sunrise will have
sufficient capacity to meets its projected finished water demand in its service
area which includes the Town of Southwest Ranches. Table 5 presents the
projected demand and supply (both traditional and alternate) for the Sunrise
Service Area to the year 2030 in five year increments.
Table 5: City of Sunrise Service Area Projected Finished Water Demand
and Supply, 2008-2030.
Projected Traditional Alternate Total
Year
Demand Supply Supply* Supply
2008 28.2 27.86 0.75 28.61
2010 29.0 27.15 2.75 29.90
2015 31.0 26.00 8.75 34.75
2020 32.6 26.00 11.15 37.15
2025 33.2 26.00 11.15 37.15
2030 33.7 26.00 11.15 37.15
Source: The Mellgren Planning Group, Inc. Figures derived from the Sunrise 10-
Year Water Supply Facilities Work Plan, as presented April 3, 2008.
* Includes Floridan Aquifer Reverse Osmosis, Water Reuse, and Recovery (conservation).
Note: All demand and supply figures are expressed in millions of gallons per day.
B. Cooper City
As was discussed in the Potable Water Facilities Inventory and Analysis
section, Cooper City has the ability to supply an estimated 3.83 MGD of
finished water to its service area per its current CUP. At this time, Cooper City
is negotiating with SFWMD to use the population and demand projections
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Town of Southwest Ranches
Water Supply Facilities Work Plan
outlined in Table 4 of this document. Cooper City Utilities is also proposing to
implement implementing a water conservation program that will allow Cooper
City and its service areas to meet its water service demands until the year 2016
without having to build new supply facilities. Table 6 presents the projected
demand and supply of the Cooper City Service Area to the year 2025 in five
year increments.
Table 6: Cooper City Service Area Projected Finished Water Demand and
Supply, 2008-2030.
Projected Total Projected Total
Year
Demand Supply
2008 3.06 3.83
2010 3.26 3.83
2015 3.83 3.83
2020 3.86 3.83
2025 3.89 3.83
Source: The Mellgren Planning Group, Inc. Figures derived from the Technical
Memorandum, “Impact of Revised Population Projections on Cooper City’s Water
Demand Projections,” prepared by CH2M Hill for Cooper City Utilities Department
on April 17, 2008.
Note: All demand and supply figures are expressed in millions of gallons per day.
TOWN OF SOUTHWEST RANCHES DOMESTIC SELF SUPPLY
Nearly all developed areas in the Town of Southwest Ranches are currently
using a domestic self supply of water. This water is extracted from the ground
by individually owned and maintained private well systems. New development
in the Town is encouraged to develop and rely upon domestic self supply
systems as opposed to seeking further expansion of centralized water service
in the Town, which is discouraged by the Town of Southwest Ranches
Comprehensive Plan. This decision, however, will be ultimately driven by
customer/ residents discretion, as centralized potable water is not required due
to the very-low density residential and agricultural character and Future Land
Use Map restrictions. Further expansion, if any, can be anticipated in the
Sunrise water service area since Cooper City recently adopted an ordinance
prohibiting any further expansion of its utility outside its city service area.
Finally, it is important to note that nearly all homes and businesses in the Town
now served by centralized water systems also own private well systems for
irrigation/alternate supply and can switch to a private well system if needed.
CONCLUSION
The Town of Southwest Ranches does not own or operate any potable water
facilities. There are two centralized water service providers operating within the
Town and each has considered the future potable water needs of the Town
through the short and long term planning horizons. The majority of the Town
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Town of Southwest Ranches
Water Supply Facilities Work Plan
receives its potable water from a domestic self supply and this percentage can
increase as needed. Future expansion of centralized water service in the Town
is discouraged by the Town, however, the decision ultimately rests with the
customers/residents in the service areas and the entity supplying the water.
No deficiencies in potable water supply are projected to occur in the Town of
Southwest Ranches through the year 2030.
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TOSWR PROPOSEDWORK PLAN BASED AMENDMENTS
Part II-A Future Land Use Element
Objective II-A17 Efficient Use and Coordination of Urban Services
Policy II-A17.1
The Town will continue to coordinate with Broward County and adjacent municipalities
to coordinate water and/or sanitary sewer service to the rural portions of the Town which
are currently not served by public water or sewer systems. The Town shall continue to
accommodate buildout of its FLUM without the need for central water through the
continued reliance on private wells and its rural land use densities.
Policy II-A17.2
When extending new services to undeveloped portions of the Town, priority shall be
given to those areas where other facilities and services are available or are anticipated to
be provided concurrent with the extension of such new services. It shall be the general
policy of the Town not to finance or otherwise cause the extension of public water
systems within its boundaries except as necessary to serve its governmental facilities.
Part II-E Utilities Element
Objective II-E2 Potable Water & Sanitary Sewer
Policy II-E2.13
The level of service (LOS) standard for potable water facilities shall be the Florida
Department of Environmental Protection Permitted Capacity of the facility. The LOS
standard for water treatment plants shall be measured by maximum daily flow.
The level of service (LOS) standard for potable water facilities serving the Town are as
follows:
Cooper City Facilities: 101.33 gallons per capita per day
City of Sunrise: 65 gallons per capita per day
Policy II-E2.23
The Town shall update its water supply facilities work plan within 18 months following
the approval of a regional water supply plan.
Policy II-E2.24
The Town shall adopt procedures to ensure that prior to approving a building permit or its
functional equivalent, the Town will consult with the applicable water supplier to
determine whether adequate water supplies to serve the new development will be
available no later than the anticipated date of issuance of a certificate of occupancy or its
functional equivalent.
Part II-F Natural Resources (Conservation Element) Goals, Objectives and Policies
Objective II-F10: Support the conservation of potable water by adopting or supporting
the water conservation practices and programs of the City of Sunrise, Cooper City, and
Broward County.
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Policy II-F10.1
The Town shall conserve potable water by pursuing implementation of the water
conservation practices described in the 10-Year Water Supply Facilities Work Plans of
Sunrise, Cooper City, and Broward County.
Policy II-F10.2
The Town shall encourage the use of Xeriscape plantings which will reduce the overall
amount of water to be used for irrigation purposes.
Policy II-F10.3
The Town shall encourage the use of water saving plumbing fixtures in all new homes
and businesses.
Policy II-F10.4
The Town shall support the adoption of a tiered water rate structure that discourages the
overuse of water in the Town.
Policy II-F10.5
The Town shall continue to support the Broward NatureScape Program which promotes
landscapes that conserves water, protect water quality, and creates wildlife habitat.
Policy II-F10.6
The Town shall support governmental entities which encourage conservation by the
public through an educational awareness campaign.
Part II-G Capital Improvements Element
Objective II-G1 The Town Shall Annually Adopt a 5 Year Capital Improvement
Plan to Provide for the Capital Needs of the Town.
Policy II-G1.6
The Town hereby adopts by reference the Sunrise 10-Year Water Supply Facilities Work
Plan as presented on April 3, 2008 and the capital projects described therein for the
purposes of ensuring adequate water supply will be provided for the limited number of
properties that are or will be served by City of Sunrise.
Policy II-G1.7
The Town hereby adopts by reference the Cooper City 10-year Water Supply Facilities
Work Plan as incorporated and adopted in the Infrastructure Element of its
Comprehensive Plan and the capital improvement projects contained therein.
Part II-H Intergovernmental Coordination Element
Objective II-H4: Ensure a meaningful process for collaborative planning and
intergovernmental coordination, on a continuing and ongoing basis, on water supply
issues between the Town and the South Florida Water Management Districts, Broward
County and the local governments that provide water service within the Town.
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Policy II-H4.1
The Town shall share information regarding water supply needs with the local
governments that provide water service within the Town.
Policy II-H4.2
The Town shall coordinate the establishment of level of service standards and population
projections with the local governments that provide water service within the Town to
ensure that water supply will be adequate to serve demand.
Policy II-H4.3
The Town shall coordinate with the South Florida Water Management District, the City
of Sunrise, Cooper City, and Broward County related to updating the Town’s Water
Supply Facilities Work Plan within 18 months after the South Florida Water Management
District updates the Lower East Coast Regional Water Supply Plan Update.
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Town Council
Town of Southwest Ranches Jeff Nelson, Mayor
6589 SW 160 Avenue Steve Breitkreuz, Vice Mayor
Freddy Fisikelli, Council Member
Southwest Ranches, FL 33331 Aster Knight, Council Member
Doug McKay, Council Member
(954) 434-0008 Town Hall
(954) 434-1490 Fax Bert Wrains, Interim Town Administrator
Jean Watson, Town Financial Administrator
Gary A. Poliakoff, J.D., Town Attorney
Susan A. Owens, CMC, Town Clerk
MEMORANDUM
TO: The Honorable Town Council
VIA: Bert Wrains, Interim Town Administrator
FROM: Emily McCord, Community Services Director
DATE: March 19, 2009
RE: PROPOSED ORDINANCE GRANTING A 20’ DRAINAGE EASEMENT ON A PORTION OF THE
PUBLIC SAFETY FACILITY PROPERTY TO THE SOUTH BROWARD DRAINAGE DISTRICT-
2nd Reading
RECOMMENDATION:
This proposed ordinance is presented for your consideration and approval.
SUMMARY EXPLANATION & BACKGROUND:
The Town recently constructed a temporary fire station at 17220 Griffin Road and made several improvements to the site,
including culverts and catch basins for drainage. The South Broward Drainage District (SBDD) requires easements over
culverts that drain directly into the canals SBDD controls for the purpose of constructing, maintaining, and repairing the
drainage system.
Item Approved By: To be completed by Town Clerk’s Office:
Interim Town Administrator Council Meeting Date _March 19, 2009_ Agenda Item No. ___ORD-1___
Town Attorney Item Advertised __March 6, 2009__
Version: Regular Agenda Items
Rev History: Est. 11/06/08
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ORDINANCE NO. 2009 -
A ORDINANCE OF THE TOWN OF SOUTHWEST RANCHES,
FLORIDA, GRANTING A 20’ DRAINAGE EASEMENT ON A
PORTION OF PARCEL A, “PUBLIC FACILITY SAFETY
COMPLEX,” ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 174, PAGE 57 OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA; AUTHORIZING
THE PREPARATION AND EXECUTION OF THE EFFECTING
DOCUMENTS; PROVIDING INSTRUCTIONS TO THE TOWN
CLERK; PROVIDING FOR RECORDATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the South Broward Drainage District seeks a twenty foot (20’)
drainage easement on the Town of Southwest Ranches’ Public Facility Safety
Complex site generally located on 17220 Griffin Road, as delineated in Exhibit
“A”; and
WHEREAS, the location of the proposed twenty (20) foot drainage
easement is legally described as:
A PORTION OF PARCEL A, “PUBLIC FACILITY SAFETY COMPLEX,”
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 174, PAGE 57 OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF SAID PARCEL
A; THENCE NORTH 01º53’42” WEST, A DISTANCE OF 31.23 FEET;
THENCE SOUTH 88º26’54” EAST, A DISTANCE OF 163.30 FEET;
THENCE NORTH 01º53’42” WEST, ALONG A LINE 12 FEET WEST
OF AND PARALLEL WITH THE EAST LINE OF SAID PARCEL A, A
DISTANCE OF 68.87 FEET; THENCE NORTH 88º06’18’” EAST, A
DISTANCE OF 12.00 FEET; THENCE SOUTH 01º53’42” EAST,
ALONG THE EAST LINE OF SAID PARCEL A, A DISTANCE OF 89.29
FEET; THENCE SOUTH 73º40’52” WEST, A DISTANCE OF 1.10
FEET; THENCE NORTH 88º26’54” WEST, A DISTANCE OF 154.21
FEET; THENCE SOUTH 01º53’42” EAST, A DISTANCE OF 9.99
FEET; THENCE SOUTH 88º05’16” WEST, ALONG THE SOUTH LINE
OF SAID PARCEL A, A DISTANCE OF 20.00 FEET TO THE POINT OF
BEGINNING. ALL LYING AND BEING IN THE TOWN OF
SOUTHWEST RANCHES, BROWARD COUNTY, FLORIDA (the
“Drainage Easement Area”); and
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WHEREAS, the Town recently constructed its first Public Safety Complex
on the northwest corner of 172nd Avenue and 46th Street; and
WHEREAS, the Town adopted Resolution 2008-057 approving a contract
with Weekley Asphalt and Paving, Inc. to construct said drainage improvements;
and
WHEREAS, the Town Council finds that the granting of this Drainage
Easement will help to protect the health, safety and welfare of its residents.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF SOUTHWEST RANCHES, FLORIDA:
Section 1: The above referenced recitals are true and correct and are
incorporated herein by reference. All exhibits referenced herein and attached
hereto are hereby incorporated herein.
Section 2: The Town Council and the Town of Southwest Ranches,
Florida, hereby authorizes the granting of the Drainage Easement in substantially
the same form as Exhibit “A”, attached hereto and made a part hereof.
Section 3: The Town Attorney is hereby authorized to prepare any and
all documents necessary to effectuate the intent of this Ordinance and the
appropriate Town officials are hereby authorized to execute said documents.
Section 4: The Town Clerk is hereby directed to record a copy of the
Drainage Easement in the Public Records of Broward County, Florida.
Section 5: Conflicts. All Ordinances or parts of Ordinances,
Ordinances or parts of Ordinances in conflict herewith, be and the same are
hereby repealed to the extent of such conflict.
Section 6: Severability. If any word, phrase, clause, sentence or
section of this Ordinance is for any reason held unconstitutional or invalid, the
invalidity thereof shall not affect the validity of any remaining portions of this
Ordinance.
Section 7: Effective Date. This Ordinance shall be effective
immediately upon its adoption.
[SIGNATURES ON FOLLOWING PAGE]
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PASSED ON FIRST READING this 5th day of February, 2008 on a motion
made by Vice Mayor Steve Breitkreuz and seconded by Council Member Aster
Knight.
PASSED AND ADOPTED ON SECOND READING this 19th day of March,
2009, on a motion made by __________________ and seconded by
__________________.
Nelson ______ Ayes ______
Breitkreuz ______ Nays ______
Fisikelli ______ Absent ______
Knight ______ Abstaining ______
McKay ______
___________________________
Jeff Nelson, Mayor
ATTEST:
____________________________
Susan A. Owens, CMC, Town Clerk
Approved as to Form and Correctness:
_______________________________
Gary A. Poliakoff, J.D., Town Attorney
FTL_DB: 1154821_1
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Town Council
Town of Southwest Ranches Jeff Nelson, Mayor
6589 SW 160 Avenue Steve Breitkreuz, Vice Mayor
Freddy Fisikelli, Council Member
Southwest Ranches, FL 33331 Aster Knight, Council Member
Doug McKay, Council Member
(954) 434-0008 Town Hall
(954) 434-1490 Fax Bert Wrains, Interim Town Administrator
Jean Watson, Town Financial Administrator
Gary A. Poliakoff, J.D., Town Attorney
Susan A. Owens, CMC Town Clerk
MEMORANDUM
TO: The Honorable Town Council
FROM: Bert Wrains, Interim Town Administrator
DATE: March 19, 2009
RE: PROFESSIONAL SERVICES CONTRACTS
SUMMARY EXPLANATION & BACKGROUND:
The following contracts will be expiring soon:
Planning and Zoning Services- The Mellgren Planning Group (expires March 2009)
Town Engineering Services- R.J. Behar & Company, Inc. (expires March 2009)
Town Infrastructure Manager Services (Vertical)- Rhon Ernest-Jones Consulting Engineers, Inc. (expires March
2009)
Town Infrastructure Manager Services (Horizontal)- Winningham & Fradley, Inc. (expires May 2009)
Town Environmental Engineering Services- Miller Legg & Associates (expires March 2010)
Since the approval of these agreements, the Town Council has made significant changes to many of the Planning, Zoning,
and Engineering processes, including the implementation of a Cost Recovery System for all permits issued by the Town
utilizing the services of outside contractors. All five firms are providing to the Town Administrator a revised fee schedule
and the Council may want to extend individual contract for more or less services, based on the revised fees they are
providing. Each firm has been requested to provide a fee schedule and a time period that the fees will be honored. They
have been informed that the Town is seeking firm prices and contract extensions with no CPI adjustments.
This item is being brought forward to solicit Council input on the contractors and the services that we are considering. If
the Council wishes to extend these agreements in order finalize some of these changes, then it is recommended that the
Council extend the three agreements that expire this month. If there are major changes, then Administration will bring the
contracts back to the April 2, 2009 Council meeting.
Item Approved By: To be completed by Town Clerk’s Office:
Interim Town Administrator Council Meeting Date _March 19, 2009_ Agenda Item No. ___DCS-1___
Version: Regular Agenda Items
Rev History: Est. 11/06/08
74
Town Council
Town of Southwest Ranches Jeff Nelson, Mayor
6589 SW 160 Avenue Steve Breitkreuz, Vice Mayor
Freddy Fisikelli, Council Member
Southwest Ranches, FL 33331 Aster Knight, Council Member
Doug McKay, Council Member
(954) 434-0008 Town Hall
(954) 434-1490 Fax Bert Wrains, Interim Town Administrator
Jean Watson, Town Financial Administrator
Gary A. Poliakoff, J.D., Town Attorney
Susan A. Owens, CMC Town Clerk
MEMORANDUM
TO: The Honorable Town Council
VIA: Bert Wrains, Interim Town Administrator
FROM: Carol Kalliche, Assistant Town Attorney
DATE: March 19, 2009
RE: PROPOSED RESOLUTION APPROVING A WAIVER OF SIDEWALK REQUIREMENT
AGREEMENT FOR THE SOUTHWEST MEADOWS SANCTUARY SITE
RECOMMENDATION:
This proposed resolution is being presented for your consideration and approval.
SUMMARY EXPLANATION & BACKGROUND:
The Town has undertaken the platting of the Southwest Meadows Sanctuary Plat, which will include a park, the public
safety facility and the future town hall. Chapter 5, Article IX, of the Broward County Code of Ordinances requires that, in
conjunction with development of the Property, sidewalks be constructed adjacent to the property. Since sidewalks have
not been built along the nearby parcels, an isolated segment of sidewalk would exist along the property.
The Town wishes to use the property without constructing sidewalks until such time as sidewalks are constructed by any
owner, developer, or governmental entity along any adjacent properties or streets. As a condition of approval of the Plat
and for County approval of development of the property without construction of sidewalks, it is necessary for the Town
and Broward County to enter into a Waiver of Sidewalk Requirements Agreement relating to the Southwest Meadows
Sanctuary Plat.
Item Approved By: To be completed by Town Clerk’s Office:
Interim Town Administrator
Town Attorney
Council Meeting Date _March 19, 2009_ Agenda Item No. ___RES-1___
Version: Regular Agenda Items
Rev History: Est. 11/06/08
75
RESOLUTION NO. 2009 –
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
SOUTHWEST RANCHES, FLORIDA, APPROVING A WAIVER OF
SIDEWALK REQUIREMENTS AGREEMENT BETWEEN BROWARD
COUNTY AND THE TOWN OF SOUTHWEST RANCHES RELATING
TO THE SOUTHWEST MEADOWS SANCTUARY PLAT;
AUTHORIZING THE TOWN ADMINISTRATOR AND TOWN
ATTORNEY TO EFFECTUATE THE INTENT OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Southwest Ranches (“Town”) has undertaken platting of
approximately 25 acres of the parcel of land owned by the Town located at the
southwest corner of Griffin Road and Dykes Road (the “Property”), which site shall be
known as the Southwest Meadows Sanctuary Plat and shall include a park, public safety
facility and town hall site (the “Plat”); and
WHEREAS, Chapter 5, Article IX, of the Broward County Code of Ordinances
requires that, in conjunction with development of the Property, sidewalks be constructed
adjacent to the Property; and
WHEREAS, sidewalks have not been built along nearby parcels, which would
leave an isolated segment of sidewalk along the Property; and
WHEREAS, the Town wishes to use the Property without constructing sidewalks
until such time as sidewalks are constructed by any owner, developer, or governmental
entity along any adjacent properties or streets; and
WHEREAS, as a condition of approval of the Plat and for County approval of
development of the Property without construction of sidewalks, it is necessary for the
Town and Broward County to enter into a Waiver Of Sidewalk Requirements Agreement
relating to the Southwest Meadows Sanctuary Plat, a copy of which is attached hereto,
made a part hereof and marked Exhibit “A”, (the “Agreement”); and
WHEREAS, the Town Council deems it to be in the best interest of the citizens
and residents of the Town of Southwest Ranches to approve the Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Southwest Ranches, Florida:
Section 1. The foregoing “Whereas” clauses are confirmed and ratified as being
true and correct, and are incorporated herein by this reference.
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Section 2. The Town Council of the Town of Southwest Ranches hereby
approves the Agreement between Broward County and the Town of Southwest
Ranches, which is attached hereto as Exhibit “A” and incorporated herein.
Section 3. The appropriate Town officials are hereby authorized to execute the
Agreement, and the Town Administrator and Town Attorney are authorized to make any
non-material revisions to the Agreement as may be acceptable to the Town
Administrator and approved as to form and legality by the Town Attorney, consistent
with the intent of this Resolution.
Section 4. The Town of Southwest Ranches hereby agrees to be bound by the
covenants and requirements of the aforementioned Agreement and comply with all
provisions therein.
Section 5. The Agreement shall be recorded by the Town in the Public Records
of Broward County, Florida.
Section 6. This resolution shall take effect immediately upon its passage and
adoption.
PASSED AND ADOPTED by the Town Council of the Town of Southwest
Ranches, Florida, this 19th day of March, 2009, on a motion by ____________________
and seconded by ____________________.
Nelson _____ Ayes _____
Breitkreuz _____ Nays _____
Knight _____ Absent _____
McKay _____ Abstaining _____
Fisikelli _____
_______________________________
Jeff Nelson, Mayor
Attest:
_____________________________
Susan A. Owens, CMC, Town Clerk
Approved as to Form and Correctness:
______________________________
Gary A. Poliakoff, J.D., Town Attorney
FTL_DB: 1173483_1
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Town Council
Town of Southwest Ranches Jeff Nelson, Mayor
6589 SW 160 Avenue Steve Breitkreuz, Vice Mayor
Freddy Fisikelli, Council Member
Southwest Ranches, FL 33331 Aster Knight, Council Member
Doug McKay, Council Member
(954) 434-0008 Town Hall
(954) 434-1490 Fax Bert Wrains, Interim Town Administrator
Jean Watson, Town Financial Administrator
Gary A. Poliakoff, J.D., Town Attorney
Susan A. Owens, CMC Town Clerk
MEMORANDUM
TO: The Honorable Town Council
VIA: Bert Wrains, Interim Town Administrator
FROM: Lee Rickles, Administrative Services Director
DATE: March 19, 2009
RE: PROPOSED RESOLUTION APPROVING A LEASE AGREEMENT WITH TOSHIBA FOR TWO
NEW COPIERS
RECOMMENDATION:
This proposed resolution is being presented for your consideration and approval.
SUMMARY EXPLANATION & BACKGROUND:
The Town currently owns two Ricoh copy machines which are used heavily to conduct the Town’s affairs; and, both of
these copiers are about five years old, require regular maintenance, and need to be replaced. In order to secure new
machines and to get the best possible pricing, the Town sought vendors who already had a contract with the State of
Florida to piggyback off of. After reviewing the quotes and other information provided from these vendors in was
determined that Toshiba Business Solutions offered the best package, pricing, and level of service.
The appropriation of these two new copy machines will provide expanded and more reliable service to the Town, and it is
expected to save the Town over $2,000.00 per year (a copy of the estimate is attached hereto).
Item Approved By: To be completed by Town Clerk’s Office:
Interim Town Administrator
Town Attorney
Council Meeting Date _March 19, 2009_ Agenda Item No. ___RES-2___
Version: Regular Agenda Items
Rev History: Est. 11/06/08
85
SWRanches Property Monthly Maintenance Covered Color Mo. Avg.Overages Overages Covered B&W Mo. Avg. Overages B&W Overages Current Avg Total
Ricoh CL 7000 (own) 2,000 1,562 $0.15 10,000 1,623 0.015 $24.35
Monthly Maintenance $346.68
Ricoh 2045 (own) BW Only NA 2,000 4,274 0.015 $64.11
Monthly Maintenance $53.50
TOTAL $440.18 $234.30 $88.46 $762.94
SWRanches Lease (under state contract) 36 mo Lease Monthly Maintenance Covered Color Mo Avg Copies* Color Fee Avg Col Fee Covered B&W New Avg. Total
Toshiba e-Studio3530c $233.83 0 1,500 0.06 $90.00 40,000 0.009 $0.00
Monthly Maintenance $60.54
Toshiba e-studio 283 BW Only $98.00 NA 5,000 0.0098 $0.00
Monthly Maintenance $49.00
Toshiba eCopy Scan Station $134.85
$466.68 $109.54 $90.00 $666.22
Agenda Manager Annual Maintenance Annual Maintenance Monthly Maintenance Avg.
$1,000.00 ($83.33) ($83.33)
New Total $582.89
*average based on number of color copies monthly over 12 month period.
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RESOLUTION NO. 2009 –
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
SOUTHWEST RANCHES, FLORIDA, APPROVING A MUNICIPAL
LEASE AGREEMENT WITH TOSHIBA FINANCIAL SERVICES FOR
THE LEASE OF TWO (2) COPY MACHNIES; AUTHORIZING THE
MAYOR, TOWN ADMINISTRATOR AND TOWN ATTORNEY TO
ENTER INTO THE LEASE AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town currently owns two Ricoh copy machines which are used
heavily to conduct the Town’s affairs; and
WHEREAS, both copiers are about five years old and require regular
maintenance; and
WHEREAS, in order to secure new machines and to get the best possible
pricing, the Town sought vendors who already had a contract with the State of Florida
to piggyback off of; and
WHEREAS, after reviewing the quotes and other information provided from
these vendors in was determined that Toshiba Business Solutions offered the best
package, pricing, and service; and
WHEREAS, the lease of these two (2) new copy machines will provide expanded
and more reliable service to the Town and is expected to save the Town over $2,000.00
per year; and
WHEREAS, the Town has determined that the leasing of these two (2) copiers
from Toshiba Financial Services is in the best interest of the Town.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Southwest Ranches, Florida:
Section 1. The above referenced recitals are true and correct and are
incorporated herein by reference.
Section 2. The Town Council hereby approves the Lease Agreement between
the Town of Southwest Ranches and Toshiba Financial Services, which is attached
hereto as Exhibit “A” and incorporated herein.
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Section 3. The Town Council hereby authorizes the Mayor, Town
Administrator and Town Attorney to enter into the Lease Agreement in substantially the
same form as that attached hereto as Exhibit “A” and to make such modifications,
additions and/or deletions which they deem necessary and proper to effectuate the
intent of this Resolution.
Section 4. That this Resolution shall become effective immediately upon its
adoption.
PASSED AND ADOPTED by the Town Council of the Town of Southwest
Ranches, Florida, this 19th day of March 2009, on a motion by _______________ and
seconded by __________________________.
Nelson _____ Ayes _____
Breitkreuz _____ Nays _____
Fisikelli _____ Absent _____
Knight _____ Abstaining _____
McKay _____
___________________________
Jeff Nelson, Mayor
ATTEST:
_______________________________
Susan A. Owens, CMC, Town Clerk
Approved as to Form and Correctness:
___________________________________
Gary A. Poliakoff, J.D., Town Attorney
FTL_DB: 1177141_1
88
89
90
Town Council
Town of Southwest Ranches Jeff Nelson, Mayor
6589 SW 160 Avenue Steve Breitkreuz, Vice Mayor
Freddy Fisikelli, Council Member
Southwest Ranches, FL 33331 Aster Knight, Council Member
Doug McKay, Council Member
(954) 434-0008 Town Hall
(954) 434-1490 Fax Bert Wrains, Interim Town Administrator
Jean Watson, Town Financial Administrator
Gary A. Poliakoff, J.D., Town Attorney
Susan A. Owens, CMC, Town Clerk
MEMORANDUM
TO: The Honorable Town Council
FROM: Bert Wrains, Interim Town Administrator
DATE: March 19, 2009
RE: PROPOSED RESOLUTION EXTENDING THE TOWN’S AGREEMENT WITH THE MELLGREN
PLANNING GROUP (TMPG) UNTIL APRIL 30, 2009
RECOMMENDATION:
This proposed resolution is presented for your consideration and approval.
SUMMARY EXPLANATION & BACKGROUND:
TMPG is the Town’s current provider of Planning and Zoning Services. On December 11, 2008 the Town Council
approved the implementation of a new Planning and Permitting Process which involves TMPG. The Council wishes to
evaluate the new process after an adequate amount of time has elapsed; however, the current contract with TMPG is set to
expire on March 31, 2009. The Town and TMPG both agree that this timeframe is not an adequate amount of time to
properly evaluate the new system, and are desirous of extending the contract until April 30, 2009.
Item Approved By: To be completed by Town Clerk’s Office:
Interim Town Administrator
Town Attorney Council Meeting Date _March 19, 2009_ Agenda Item No. ___RES-3___
Version: Regular Agenda Items
Rev History: Est. 11/06/08
91
RESOLUTION NO. 2009 -
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
SOUTHWEST RANCHES, FLORIDA, APPROVING THE FIFTH
MODIFICATION TO THE AGREEMENT WITH THE MELLGREN
PLANNING GROUP, INC.; EXTENDING THE AGREEMENT UNTIL
APRIL 30, 2009; AUTHORIZING THE MAYOR, TOWN
ADMINISTRATOR AND TOWN ATTORNEY TO ENTER INTO THE
FIFTH AMENDMENT TO THE AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on March 8, 2001 the Town Council authorized the issuance of a
Request for Proposal for Development Management and Zoning Code Services; and
WHEREAS, on April 12, 2001, pursuant to Resolution No. 2001-045, the Town
Council selected Michele Mellgren and Associates, Inc.; and
WHEREAS, on September 10, 2003, pursuant to Resolution No. 2003-073 the
Town Council approved the First Amendment to its Agreement with Michele Mellgren
and Associates, Inc., extending the term of the Agreement for an additional two (2)
years; and
WHEREAS, on December 9, 2004, pursuant to Resolution No. 2005-021, the
Town Council approved the Second Amendment to its Agreement with Michele Mellgren
and Associates, Inc., which included several modifications and extended the term of the
Agreement for an additional two (2) years, until September 30, 2007; and
WHEREAS, on September 20, 2007, pursuant to Resolution No. 2007-096, the
Town Council approved the Third Amendment to its agreement with Michele Mellgren
and Associates, Inc., which extended the term of the agreement until September 30,
2008; and
WHEREAS, on September 24, 2007, Michele Mellgren and Associates, Inc.,
changed its name to the Mellgren Planning Group, Inc. (“TMPG”); and
WHEREAS, on September 25, 2008, the Town Council adopted Resolution No.
2008-103, extending this Agreement until March 31, 2009 to see if a comprehensive
integrated computerized tracking program can assist the Town in implementing a full
cost recovery system; and
WHEREAS, in order to give the Town additional time to finalize a preliminary
analysis on Consultant’s cost recovery, the Town desires to extend TMPG’s agreement
through April 30, 2009; and
92
WHEREAS, this Resolution and the attached Fifth Amendment to the Agreement
seek to effectuate the extension as described herein.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Southwest Ranches, Florida:
Section 1. The above referenced recitals are true and correct and are
incorporated herein by reference.
Section 2. The Town Council hereby approves the Fifth Amendment to the
Agreement with The Mellgren Planning Group, Inc. (“TMPG”), which extends the term
of the Agreement until April 30, 2009, as specifically delineated in Exhibit “A”, attached
hereto and incorporated herein by reference.
Section 3. The Town Council hereby authorizes the Mayor, Town Administrator
and Town Attorney to enter into the Fifth Amendment to Agreement in substantially the
same form as that attached hereto as Exhibit "A" and to make such modifications,
additions and/or deletions which they deem necessary and proper to effectuate the
intent of this Resolution.
Section 4. That this Resolution shall become effective immediately upon its
adoption.
PASSED AND ADOPTED by the Town Council of the Town of Southwest
Ranches, Florida, this 19th day of March 2009, on a motion by _______________
__________________ and seconded by ________________________________.
Nelson ______ Ayes ______
Breitkreuz ______ Nays ______
Fisikelli ______ Absent ______
Knight ______ Abstaining ______
McKay ______
[SIGNATURES ON FOLLOWING PAGE]
93
___________________________
Jeff Nelson, Mayor
ATTEST:
______________________________
Susan A. Owens, CMC, Town Clerk
Approved as to Form and Correctness:
______________________________
Gary A. Poliakoff, J.D., Town Attorney
FTL_DB: 1175294_1
94
EXHIBIT “A”
FIFTH AMENDMENT TO AGREEMENT
THIS FIFTH MODIFICATION TO AGREEMENT entered into as of this ____
day of March, 2009 between the Town of Southwest Ranches, a municipal corporation
of the State of Florida (the “Town”) and the Mellgren Planning Group, Inc., consultant
firm doing business or authorized to do business in the State of Florida, for the purpose
of amending the Agreement between the Town and Michele Mellgren and Associates,
Inc., dated April 26th, 2001.
WITNESSETH:
WHEREAS, on March 8, 2001 the Town Council authorized the issuance of a
Request for Proposal for Development Management and Zoning Code Services; and
WHEREAS, on April 12, 2001, pursuant to Resolution No. 2001-045, the Town
Council selected Michele Mellgren and Associates, Inc.; and
WHEREAS, on September 10, 2003, pursuant to Resolution No. 2003-073 the
Town Council approved the First Amendment to its Agreement with Michele Mellgren
and Associates, Inc., extending the term of the Agreement for an additional two (2)
years; and
WHEREAS, on December 9, 2004, pursuant to Resolution No. 2005-021, the
Town Council approved the Second Amendment to its Agreement with Michele Mellgren
and Associates, Inc., which included several modifications and extended the term of the
Agreement for an additional two (2) years, until September 30, 2007; and
WHEREAS, on September 20, 2007, pursuant to Resolution No. 2007-096, the
Town Council approved the Third Amendment to its agreement with Michele Mellgren
and Associates, Inc., which extended the term of the agreement until September 30,
2008; and
WHEREAS, on September 25, 2008, the Town Council adopted Resolution No.
2008-103, extending this Agreement until March 31, 2009 to see if a comprehensive
integrated computerized tracking program can assist the Town in implementing a full
cost recovery system; and
WHEREAS, in order to give the Town additional time to finalize a preliminary
analysis on Consultant’s cost recovery, the Town desires to extend Consultant’s
agreement through April 30, 2009; and
95
WHEREAS, both parties are desirous of amending the Agreement.
NOW THEREFORE, for and in consideration of the premises and for Ten Dollars
($10.00) and for other good and valuable consideration the receipt and sufficiency
whereof is hereby acknowledged, the parties hereto agree that the Original Agreement
shall be amended as follows:
1. The foregoing recitals are true and correct.
2. Article 3 “Term” which has previously been amended by the First, Second, Third,
and Fourth Amendments to Agreement, shall be further amended to read as follows:
3.1 This Agreement shall terminate on April 30, 2009 March 31, 2009, unless
further extended, at the Town’s sole discretion, through mutual agreement of both
parties.
3. All other terms and conditions not modified herein shall remain of full force and
effect and binding on the parties.
IN WITNESS WHEREOF, this Fifth Amendment is accepted and executed as of
this ____ day of March, 2009.
TOWN OF SOUTHWEST RANCHES THE MELLGREN PLANNING GROUP
____________________________ _____________________________
Jeff Nelson, Mayor Michele Mellgren, President
__________________________________
Bert Wrains, Interim Town Administrator
Attest:
_____________________________
Susan A. Owens, CMC, Town Clerk ____________________________
Witness
Approved as to form and correctness:
____________________________
_____________________________ Witness
Gary A. Poliakoff, Town Attorney
FTL_DB: 1175294_1
96
Town Council
Town of Southwest Ranches Jeff Nelson, Mayor
6589 SW 160 Avenue Steve Breitkreuz, Vice Mayor
Freddy Fisikelli, Council Member
Southwest Ranches, FL 33331 Aster Knight, Council Member
Doug McKay, Council Member
(954) 434-0008 Town Hall
(954) 434-1490 Fax Bert Wrains, Interim Town Administrator
Jean Watson, Town Financial Administrator
Gary A. Poliakoff, J.D., Town Attorney
Susan A. Owens, CMC, Town Clerk
MEMORANDUM
TO: The Honorable Town Council
FROM: Bert Wrains, Interim Town Administrator
DATE: March 19, 2009
RE: PROPOSED RESOLUTION EXTENDING THE TOWN’S AGREEMENT WITH R.J. BEHAR AND
COMPANY, INC. (BEHAR) UNTIL APRIL 30, 2009
RECOMMENDATION:
This proposed resolution is presented for your consideration and approval.
SUMMARY EXPLANATION & BACKGROUND:
BEHAR is one of the Town’s current providers of Engineering Services. On December 11, 2008 the Town Council
approved the implementation of a new Planning and Permitting Process which involves BEHAR. The Council wishes to
evaluate the new process after an adequate amount of time has elapsed; however, the current contract with BEHAR is set
to expire on March 31, 2009. The Town and BEHAR both agree that this timeframe is not an adequate amount of time to
properly evaluate the new system, and are desirous of extending the contract until April 30, 2009.
Item Approved By: To be completed by Town Clerk’s Office:
Interim Town Administrator
Town Attorney Council Meeting Date _March 19, 2009_ Agenda Item No. ___RES-4___
Version: Regular Agenda Items
Rev History: Est. 11/06/08
97
RESOLUTION NO. 2009 -
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
SOUTHWEST RANCHES, FLORIDA, APPROVING THE SECOND
MODIFICATION TO THE TOWN’S AGREEMENT WITH RJ BEHAR &
COMPANY, INC.; EXTENDING THE AGREEMENT UNTIL APRIL 30,
2009; AUTHORIZING THE MAYOR, TOWN ADMINISTRATOR AND
TOWN ATTORNEY TO ENTER INTO THE SECOND AMENDMENT TO
THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 9, 2004, pursuant to Resolution No. 2005-022, the
Town Council approved an agreement with RJ Behar & Company, Inc. (“Consultant”) to
provide Engineering Services to the Town of Southwest Ranches (“Town”), which
became effective on March 3, 2005; and
WHEREAS, on February 19, 2009, pursuant to Resolution No. 2009-038, the
Town Council approved the First Modification to the Agreement with Consultant to
provide Engineering Services to the Town, which extended the term of the agreement
through March 31, 2009; and
WHEREAS, the Town is currently reviewing Consultant’s performance and its
ability to fully cost recover for its services rendered; and
WHEREAS, in order to give the Town additional time to finalize a preliminary
analysis on Consultant’s cost recovery, the Town desires to extend Consultant’s
agreement through April 30, 2009; and
WHEREAS, this Resolution and the attached Second Modification to the
Agreement seek to effectuate the extension as described herein.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Southwest Ranches, Florida:
Section 1. The above referenced recitals are true and correct and are
incorporated herein by reference.
Section 2. The Town Council hereby approves the Second Modification to its
Agreement with RJ Behar & Company, Inc., which extends the term of the Agreement
until April 30, 2009, as specifically delineated in Exhibit “A”, which has been attached
hereto and is incorporated by reference.
Section 3. The Town Council hereby authorizes the Mayor, Town
Administrator and Town Attorney to enter into the Second Modification to the
98
Agreement in substantially the same form as that attached hereto as Exhibit “A” and to
make such modifications, additions and/or deletions which they deem necessary and
proper to effectuate the intent of this Resolution.
Section 4. That this Resolution shall become effective immediately upon its
adoption.
PASSED AND ADOPTED by the Town Council of the Town of Southwest
Ranches, Florida, this 19th day of March 2009, on a motion by _____________________
and seconded by _____________________.
Nelson _____ Ayes _____
Breitkreuz _____ Nays _____
Fisikelli _____ Absent _____
Knight _____ Abstaining _____
McKay _____
______________________________
Jeff Nelson, Mayor
ATTEST:
_______________________________
Susan A. Owens, CMC, Town Clerk
Approved as to Form and Correctness:
___________________________________
Gary A. Poliakoff, J.D., Town Attorney
FTL_DB: 1175250_1
99
EXHIBIT “A”
SECOND MODIFICATION TO AGREEMENT
THIS SECOND MODIFICATION TO AGREEMENT entered into as of the ___
day of ____________, 2009 between the Town of Southwest Ranches, a municipal
corporation of the State of Florida (the “Town”) and RJ Behar & Company, Inc., a
corporation of the State of Florida (“Consultant”), for the purpose of extending he
Agreement between the Town and Consultant effective March 3, 2005 (the “Original
Agreement”).
WITNESSETH:
WHEREAS, on December 9, 2004, pursuant to Resolution No. 2005-022, the
Town Council approved an agreement with Consultant to provide Engineering Services
to the Town, which became effective on March 3, 2005; and
WHEREAS, on February 19, 2009, pursuant to Resolution No. 2009-038, the
Town Council approved the First Modification to the Agreement with Consultant to
provide Engineering Services to the Town, which extended the term of the agreement
through March 31, 2009; and
WHEREAS, the Town is currently reviewing Consultant’s performance and its
ability to fully cost recover for its services rendered; and
WHEREAS, in order to give the Town additional time to finalize a preliminary
analysis on Consultant’s cost recovery, the Town desires to extend Consultant’s
agreement through April 30, 2009; and
WHEREAS, the Town and Consultant are both desirous of extending their
agreement until April 30, 2009.
NOW THEREFORE, for and in consideration of the premises and for Ten Dollars
($10.00) and for other good and valuable consideration the receipt and sufficiency
whereof is hereby acknowledged, the parties hereto agree that the Original Agreement
shall be amended as follows:
1. The foregoing recitals are true and correct.
2. Section 4.1 of Section 4 “TERM” shall be amended to read as follows:
100
4.1 TOWN and CONSULTANT agree that this Agreement shall be in full force and
effect until April 30, 2009 March 31, 2009, commencing upon the Effective Date of this
Agreement, which shall be the date the last party signs this Agreement. Based upon the
approval of the Town Council, this Agreement may be extended for additional time
periods.
3. All other terms and conditions not modified herein shall remain of full
force and effect and binding on the parties.
IN WITNESS WHEREOF, this Extension and Modification is accepted and
executed as of the ____ day of March, 2009.
TOWN OF SOUTHWEST RANCHES RJ BEHAR & COMPANY, INC.
____________________________ _____________________________
Jeff Nelson, Mayor Robert J. Behar, President
Attest:
____________________________
Susan A. Owens, CMC, Town Clerk ____________________________
Witness
Approved as to form and correctness:
____________________________
_____________________________ Witness
Gary A. Poliakoff, Town Attorney
FTL_DB: 1175250_1
101
Town Council
Town of Southwest Ranches Jeff Nelson, Mayor
6589 SW 160 Avenue Steve Breitkreuz, Vice Mayor
Freddy Fisikelli, Council Member
Southwest Ranches, FL 33331 Aster Knight, Council Member
Doug McKay, Council Member
(954) 434-0008 Town Hall
(954) 434-1490 Fax Bert Wrains, Interim Town Administrator
Jean Watson, Town Financial Administrator
Gary A. Poliakoff, J.D., Town Attorney
Susan A. Owens, CMC, Town Clerk
MEMORANDUM
TO: The Honorable Town Council
FROM: Bert Wrains, Interim Town Administrator
DATE: March 19, 2009
RE: PROPOSED RESOLUTION EXTENDING THE TOWN’S AGREEMENT WITH RHON-ERNEST
JONES CONSULTING ENGINEERS, INC. (REJ) UNTIL APRIL 30, 2009
RECOMMENDATION:
This proposed resolution is presented for your consideration and approval.
SUMMARY EXPLANATION & BACKGROUND:
REJ is one of the Town’s current providers of Engineering Services; and, their current contract with the Town is set to
expire on March 3, 2009. REJ has been an integral participant in the planning phases of the Town’s Public
Safety/Municipal Complex, and the Town wishes to maintain continuity through this critical project. The Town and REJ
both agree that there was not enough time to properly finalize an amendment to the existing agreement, and are desirous
of extending the contract until April 30, 2009.
Item Approved By: To be completed by Town Clerk’s Office:
Interim Town Administrator
Town Attorney Council Meeting Date _March 19, 2009_ Agenda Item No. ___RES-5___
Version: Regular Agenda Items
Rev History: Est. 11/06/08
102
RESOLUTION NO. 2009 -
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
SOUTHWEST RANCHES, FLORIDA APPROVING THE FIRST
MODIFICATION TO THE AGREEMENT WITH RHON ERNEST-JONES
CONSULTING ENGINEERS, INC. FOR TOWN INFRASTRUCTURE
MANAGEMENT SERVICES, PARTICULARLY AS IT RELATES TO
VERTICAL CONSTRUCTION; EXTENDING THE AGREEMENT UNTIL
APRIL 30, 2009; AUTHORIZING THE MAYOR, TOWN
ADMINISTRATOR, AND TOWN ATTORNEY TO ENTER INTO THE
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on June 22, 2004, in furtherance of Florida Statutes § 287.055, the
Town published a request for letters of interest seeking qualified vendors for the Town’s
Infrastructure Management Services; and
WHEREAS, on November 10, 2004 the Town Council approved the ranking of
the responses and ranked Rhon Ernest-Jones Consulting Engineers, Inc. (“Consultant”),
as one of the highest ranked firms for the Town’s Infrastructure Management Services;
and
WHEREAS, on December 9, 2004, and pursuant to Resolution No. 2005-025,
the Town Council approved an agreement with Consultant to provide Infrastructure
Manager Services for vertical construction; and
WHEREAS, this agreement expired on March 3, 2009; and
WHEREAS, Consultant has been an integral participant in the planning phases
of the Town’s Public Safety/Municipal Complex; and
WHEREAS, the Town wishes to maintain continuity through this critical project;
and
WHEREAS, in order to give the Town additional time to finalize an amendment
to the Consultant’s agreement, the Town desires to extend Consultant’s agreement
through April 30, 2009; and
WHEREAS, this Resolution and the attached First Modification to the Agreement
seek to effectuate the extension as described herein.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Southwest Ranches, Florida:
103
Section 1. The above referenced recitals are true and correct and are
incorporated herein by reference.
Section 2. The Town Council hereby approves the First Modification to its
agreement with Rhon Ernest-Jones Consulting Engineers, Inc., which extends the term
of the Agreement until April 30, 2009, as specifically delineated in Exhibit “A”, which has
been attached hereto and is incorporated by reference.
Section 3. The Town Council hereby authorizes the Mayor, Town Administrator
and Town Attorney to enter into the First Modification to the Agreement in substantially
the same form as that attached hereto as Exhibit “A” and to make such modifications,
additions and/or deletions which they deem necessary and proper to effectuate the
intent of this Resolution.
Section 4. That this Resolution shall become effective immediately upon it
adoption.
PASSED AND ADOPTED by the Town Council of the Town of Southwest
Ranches, Florida, this 19th day of March 2009, on a motion by _____________________
and seconded by _____________________.
Nelson _____ Ayes _____
Breitkreuz _____ Nays _____
Fisikelli _____ Absent _____
Knight _____ Abstaining _____
McKay _____
______________________________
Jeff Nelson, Mayor
ATTEST:
______________________________
Susan A. Owens, CMC, Town Clerk
Approved as to Form and Correctness:
______________________________
Gary A. Poliakoff, J.D., Town Attorney
FTL_DB: 1175247_1
104
EXHIBIT “A”
FIRST MODIFICATION TO AGREEMENT
THIS FIRST MODIFICATION TO AGREEMENT entered into as of the ____
day of _____________, 2009 between the Town of Southwest Ranches, a municipal
corporation of the State of Florida (the “Town”) and Rhon Ernest-Jones Consulting
Engineers, Inc., a corporation of the State of Florida (“Consultant”), for the purpose of
extending he Agreement between the Town and Consultant effective March 3, 2005
(the “Original Agreement”).
WITNESSETH:
WHEREAS, on December 9, 2004, and pursuant to Resolution No. 2005-025,
the Town Council approved an agreement with Consultant to provide Infrastructure
Manager Services for vertical construction; and
WHEREAS, this agreement expired on March 3, 2009; and
WHEREAS, Consultant has been an integral participant in the planning phases
of the Town’s Public Safety/Municipal Complex; and
WHEREAS, the Town wishes to maintain continuity through this critical project;
and
WHEREAS, the Town Council has determined that it is in the best interest of the
Town to extend the agreement between the Town and Consultant to allow for
finalization of an amendment to Consultant’s agreement; and
WHEREAS, Town and Consultant are both desirous of extending their
agreement until April 30, 2009.
NOW THEREFORE, for and in consideration of the premises and for Ten Dollars
($10.00) and for other good and valuable consideration the receipt and sufficiency
whereof is hereby acknowledged, the parties hereto agree that the Original Agreement
shall be amended as follows:
1. The foregoing recitals are true and correct.
2. Section 4.1 of Section 4 “TERM” shall be amended to read as follows:
105
4.1 TOWN and CONSULTANT agree that this Agreement shall be in full force and
effect until April 30, 2009 for a period of four (4) years, commencing upon the Effective
Date of this Agreement, which shall be the date the last party signs this Agreement.
Based upon the approval of the Town Council, this Agreement may be extended for
additional time periods.
3. All other terms and conditions not modified herein shall remain of full
force and effect and binding on the parties.
IN WITNESS WHEREOF, this Extension and Modification is accepted and
executed as of the _____ day of March, 2009.
TOWN OF SOUTHWEST RANCHES RHON ERNEST-JONES CONSULTING
ENGINEERS, INC.
____________________________ _____________________________
Jeff Nelson, Mayor Rhon Ernest-Jones, President
Attest:
____________________________
Susan A. Owens, CMC, Town Clerk ____________________________
Witness
Approved as to form and correctness: ____________________________
Witness
_____________________________
Gary A. Poliakoff, Town Attorney
FTL_DB: 1175247_1
106
