CITYOFGREENACRES INTEROFFICE MEMORANDUM 2025.02EB3.001 TO: Emily Robarts, Chair Joan Hayes, Planning Commissioner, Vice Chair Ann Edmundson, Planning Commissioner Dannette Fitzgerald, Planning Commissioner Betty Litowsky, Planning Commissioner Robert Clements, Planning Commissioner (Alternate) Leonard Grant, Planning Commissioner (Alternate) FROM: Denise Malone, Development & Neighborhood Services Director SUBJECT: Planning and Zoning Board of Appeals - February 13, 2025 DATE: CC: February 5, 2025 Andrea McCue, City Manager (e-mail agenda only) Quintella Moorer, City Clerk (full packet) Linda Mia Franco, Zoning Administrator Gionni Gallier, Senior Planner Millie Rivera, Planner Enclosed are the agenda and related materials for the above referenced meeting. Should you have any questions prior to the meeting, or if you cannot attend, please contact our office at 642-2054. Enclosures PLANNING AND ZONING BOARD OF APPEALS City of Greenacres, Florida Thursday, February 13, 2025 at 6:00 PM City Hall Council Chambers 15 5800 Melaleuca Lane AGENDA CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. October 17, 2024 REGULAR AGENDA AGENDA APPROVAL-/ Additions, deletions, or other revisions to the agenda. 2. ZTA-24-11 Procedures and Timeframes This City-initiated amendment updates department and advisory board names, updates the procedures and duties of the Development Review Committee, and revises notice requirements for evelopment-related applications and ordinances, updates filing procedures and review processes, address expiration of approvals, and revises standards and criteria for approval. 3. ZTA-25-01: Prescribed Pediatric Extended Care (PPEC) A City-initiated request for a Zoning Text Amendment that primarily establishes the Prescribed Pediatric Extended Care (PPEC) use, provides standards and criteria for the same, and revses/reorganzes the zoning code with respect to Therapeutic Adult Day Care Centers. APPOINTMENT OF CHAIR AND VICE CHAIR DISCUSSION ITEMS CONCLUDING REMARKS ADJOURNMENT Meeting Records Request Any person requesting the appeal of a decision will require a verbatim record of the proceedings and for that purpose will need to ensure that such verbatim record is made. Pursuant to FS. 286.0105, the record must include the testimony and evidence upon which the appeal is to be based. The City of Greenacres does not prepare or provide such verbatim record. Planning and Zoning Board of Appeals February 13, 2025 Notice of Meetings and Agendas Meetings may be called based on an application and whenever necessary. Agendas are posted on the City's website on the Friday prior to each scheduled meeting. A copy of the meeting audio and the complete agenda may be requested at ivcer@grenacresigox or 561-642- Ina accordance with the provisions of the Americans with Disabilities Act (ADA), this document can be made available in an alternate format upon request. Special accommodations can be provided upon request with three (3) days advance notice of any meeting, by contacting City Clerk Quintella Moorer at Greenacres City Hall, 5800 Melaleuca Lane, Greenacres, Florida. Phone No. 561-642-2006. Hearing Assistance: Ifany person wishes to use a Listen Aid Hearing Device, please contact the City Clerk prior to any meeting held in the Council Chambers. 2006. Americans with Disabilities Act Planning and Zoning Board of Appeals City of Greenacres, Florida Thursday, October 17, 2024 at 6:00 PM City Hall Council Chambers I 5800 Melaleuca Lane Minutes Any person requesting the appeal of a decision will require a verbatim record of the proceedings and for that purpose will need to ensure that such verbatim record is made. Pursuant to FS. 286.0105, the record must include the testimony and evidence upon which the appeal is to be based. The City of Greenacres does not prepare or provide such verbatim record. CALL TO ORDER AND ROLL CALL Chair Robarts called to order the Planning and Zoning Board of Appeals Meeting October 17, 2024 at 6:00 PM and Assistant City Clerk Selene Tapia called the roll. Board Members Present: Emily Jacob-Robarts Joan Hayes Betty Ann Litowsky Ann Edmundson Danette Fitzgerald Robert Clements Leonard Grant Chair Robarts welcomed Mr. Grant. PLEDGE OF ALLEGIANCE AGENDA APPROVAL - Additions, deletions, or other revisions to the agenda. Motion made by Board Member Edmundson and Seconded by Board Member Litowsky to approve the agenda. Motion passed 5-0. APPROVAL OF MINUTES Motion made by Board Member Fitzgerald and Seconded by Board MemberLitowsky to approve the minutes. Motion 5-0. 1. August 8, 2024 REGULAR AGENDA 2. ZTA-24-07: Chapter 16- Off-Street Parking and Loading Regulations, and Front Yard Fences, and Chapter 14- Parking of Motor Vehicles, Boats, and Trailers. A City-initiated request for a Zoning Text Amendment pertaining to modifications of Chapter 16 regulations for off-street parking, and loading, and front yard fences, and Chapter 14 regulations for the parking of motor vehicles, boats, and trailers. Chair Robarts read ZTA-24-07 by title. Planning and Zoning Board of Appeals October 17, 2024 Senior Planner Gionni Gallier stated a City-initiated Zoning Text Amendment modifications of Chapter 16 would be off-street parking, loading, outdoor lighting, and front yard fences. Chapter 14 regulations would be for the parking ofmotor vehicles, boats, and trailers. Mr. Gallier mentioned Chapter 16 amendments would focus on enhancing the safety, functionality, and the aesthetics of parking and loading areas, revising the siting and design of front yard fences to align with neighboring standards, separating outdoor lighting regulations. Chapter 14 amendments would expand commercial vehicle parking regulations with right-of-way restrictions. These standards would promote efficient land use, safeguard public safety, and preserve the City's future development. Parking of motor vehicles, boats, and trailers would be within the section for parking on private property in residential zoning districts or residential property within mixed-use and commercial zoning districts. The parking of motor vehicles would be allowed on private property in residential zoning districts, or residential property within mixed-use and commercial zoning districts. Mr. Gallier also explained the requirements for landscape islands, loading areas, and lighting. Chair Robarts asked if the changes would affect the Chick-fil-a construction. Mr. Board Member Litowsky asked about obstruct vision to oncoming traffic when the trees start to grow. Mr. Gallier stated obstruct vision would be considered separately, but growth should not appeal to incoming traffic. Trees should be below nine feet. Board Member Grant asked if the green space require grass and trees. Mr. Gallier Mr. Gallier stated the house of worship would now require one space per three seats for parking and loading. Mr. Grant asked if the requirements were consistent with shopping plazas. Mr. Gallier mentioned shopping plazas were treated the same as Mr. Gallier then explained yard fences, could not exceed four feet in height and chain link fences must be vinyl coated. The purpose of outdoor lighting would be to regulate outdoor lighting to ensure the safety of pedestrians, motorists, and cyclists while Motion made by Board Member Litowsky and Seconded by Board Member Gallier stated it had been grand fathered in. stated the area needs to be sodded. retail and office spaces. minimizing adverse impacts on adjacent properties. Edmundson to approve ZTA-24-07. Motion passed 5-0. DISCUSSION ITEM None. CONCLUDING REMARKS Chair Robarts asked the purpose of Chickasaw Road being blocked at the end of the road. Zoning Administrator Linda Mia Franco stated the City was working on the sidewalks, right-of- Board Member Clements thanked Staff for the school traffic lights on 10th Avenue. Ms. Franco mentioned the next three meetings would be, November 14, 2024, December 12, ways, and improvements as part of the Capital Improvement project. 2024, and January 9, 2025. Planning and Zoning Board of Appeals October 17, 2024 ADJOURNMENT 6:46 PM. Emily Jacob-Robarts, Chair Denise Malone Director of Development & Neighborhood Services Quintella Moorer, MMC, City Clerk ZTA-24-11 (Ordinance 2025-01) Date: January 01,2025 Revised: 2/6/2025 DEVELOPMENT & NEIGHBORHOOD SERVICES STAFF REPORT AND RECOMMENDATION Project Description: Applicant: CityofGreenacres Request: City-initiated Zoning Text Amendment (ZTA) to enhance several key areas of the City's Zoning Code, addressing current needs and best practices while aligning with Florida Statutory requirements. This amendment streamlines filing procedures, clarifies review processes, expiration of approvals, and improves standards and criteria for approval to support sustainable aesthetically pleasing development throughout the City. Project Manager: Gionni Gallier, Senior Planner II. Proposed Zoning Code Amendments: Overview of Proposed Code. Amendments: Throughout the document, updates were made to replace the term "petition" with lapplication," correct references to ensure the department is consistently referred to as Development and Neighborhood Services. All references to the Planning and Zoning Board of Appeals" were updated to "Planning and Zoning Board," and all instances of"PZBA" were changed to "PZB" for consistency throughout the Code. Additionally, all references to "Site and Development Plan" were updated to "Site and Development Plans" to standardize terminology across the City Code. Division 1.- Generally Building Permits (Section 16-32) Revises the submittal requirements by removing the term "site and development plan" and replacing it with a set of plans demonstrating compliance with applicable zoning and land development regulations. Added the requirement for the plans to clearly show structure height and setbacks in addition to the other applicable criteria. Florida law requires municipalities to publish legal advertisements and public notices. The City previously used the Lake Worth Herald due to its lower cost, but its recent closure has forced reliance on: more expensive alternatives. The text amendment introduces the ability to do electronic publication and link the City's website to the County'sp public notice portal. This ensures compliance with statel law while streamlining public notice procedures. Under F.S. $50.011 and 50.0311,municipalities may: publish notices ctipcalyifilsmoeost: Public Hearing (Section 16-33) ZTA-24-11 (Ordinance 2025-01) Page 1 of6 Chapter 161 Filing Procedures, Review Processes, Expirations, Approval Criteria and Standards. effective than newspaper and staff estimates electronic publication will reduce Table 16-33 has been streamlined for clarity to align with actual application types and review processes mainly for Special Exceptions and Variances, eliminating Introduces community meetings which are highly encouraged and may be required based on the proposal's nature, size, or location. When required, meetings require mailed notices sent at least 14 days in advance to nearby property owners and neighborhood organizations within 300'. Documentation of the meeting must be submitted to the City atl least 21 days before the first public hearing. Combines the procedures and fees into one section and further clarifies that the department creates a review schedules and submittal checklists. Acknowledges the department may make policies to address application review, responses to deficiencies and comments, timeframes for resubmittals, requests for time Defines what completeness or a complete application means and clarifies that applications are reviewed for completeness with written notification of deficiencies costs and improve efficiency. redundant categories that do not differ in how they are reviewed. Filing Procedures and Fees (Section 16-34) extensions, and decision-making processes. provided in accordance with F.S. $166.033. Division 2. - Development Review Committee Rules of Procedure (Section 16-52) Removes prescriptive: meeting schedule, such as second & third Thursdays. Provides greater flexibility in scheduling where DRC must meet at least once per month for technical reviews per our established agenda unless no business requires attention, States that failure oft the DRC to identify any permit or procedure does not waive or Added review and recommendation on Live Entertainment Permits, Master Sign with special meetings as needed. relieve the applicant ofs such requirements. Functions, Powers, and Duties (Section 16-53) Plans, and Preliminary and Final Plats to DRC's duties. Division 4. - Variances Timeframe (Section 16-105) Extends the validity period for variances from six (6) months to one (1): year before expiration if a building permit has not been issued to align with the Administrative Variance and provide a more reasonable timeframe considering the usual Development Applications that are processed concurrently or considered a Condition Ties the variance expiration to thei issuance and continued status ofal building permit. ofA Approval. Administrative Variances (Section 16-178) ZTA-24-11 (Ordinance 2025-01) Page 2of6 Chapter 161 Filing Procedures, Review Processes, Expirations, Approval Criteria and Standards. Clarifies the expiration conditions for Administrative Variances, ensuring consistency with as standard Variance and directly links expiration tot thei issuance and active status ofal building permit. Division 8. - Special Exceptions Findings (Section 16-173) Revised to strengthen compliance with Comp Plan goals, objectives, policies and Zoning Code provisions along with the evaluation of nuisance factors and compatibility standards with focus on general compatibility with surrounding properties, including architectural style, scale, land use, and operational hours. Specifies that commencement occurs upon filing for al building permit or obtaining a Business Tax Receipt. Removing commencement occurs when filing for a preliminary plat or site plan, or upon the initiation of significant action to satisfy requirements for improvements contained in a development order. Allows only one extension of6 6: months. Special Exception Application Process (Section 16-178) Time Limits for Special Exceptions (Section 16-177) Simplifies the previous requirements for the development concept plan, referencing Section 16-197 (Site & Development Plan) for consistency. A development concept plani must meet the technical requirements for a site and development plan as outlined 16-178(a)(10) adds flexibility by allowing city officials to request additional in Section 16-197. data/info as needed. Division 9. - Site and Development Plans - Applicability (Section 16-196) Procedure (Section 16-197) Expanded to require: Clarifies site and development plan approval is required for all structures and uses except single-family or duplex dwellings. Justification statement to demonstrate compliance with relevant zoning regulations, criteria outlined in Section 16-198, and alignment with the Comp Plan goals, objectives, and policies, include an overview of current site conditions, and provide a summary ofthe popetyhisovyindluding any prior Inclusion ofrecreational facilities and common area amenities (ifany). Provide color-rendered elevations accurately depicting proposed development Introduces sustainability principles (e.g., LID, energy-efficient design), foundation landscaping to soften buildings, public art, pedestrian-friendy spaces, and wayfinding features. Building transparency at ground level to enhance engagement. approvals. Plans for public art (if applicable). and landscaping on completion to enhance public Site and Building Design (Section 16-198) ZTA-24-11 (Ordinance 2025-01) Page 3c of6 Chapter 16F Filing Procedures, Review Processes, Expirations, Approval Criteria and Standards. Emphasizes integration of Crime Prevention Through Environmental Design (CPTED) principles including open sightlines, territorial reinforcement, lighting, and Encourages cross-access between developments to improve connectivity and reduce Establishes design standards for structured parking garages, including architectural landscape design to enhance security and natural surveillance. traffic on our: roadway system. treatments to reduce the visual impact oft the parking garage. Standards for Review (Section 16-199) Strengthens review standards to promote: Compliance with Comp Plan goals, objectives, policies and applicable provisions oft the Codeof Ordinances along with focus on general compatibility Walkability, open space integration, buffering, and compatibility. with surrounding properties; Duration of Approval (Section 16-202) Approval remains valid for 2 years with commencement tied to issuance of all necessary building permits. Ifno building permits are issued within the 2 years then the site plan approval shall be considered null, void, and ofr no further effect, unless an extension is granted. Ifat any time a master building permit lapses, the site plan, including all phases thereof, shall be considered null, void, and oft no further effect. Allows for up to two 1-year extensions upon request, subject to review for changes ini regulations or approvals. III. Staff Analysis: Background: This Zoning Text Amendment is at the request of the City's Development and Neighborhood Services Department to modify regulations in Chapter 16 to enhance several key sections of the City's Zoning Code to address current needs, align with Florida statutory requirements, and integrate modern best practices. This amendment focuses on streamlining filing procedures, clarifying review processes, refining expiration provisions for approvals, and improving standards and criteria to support sustainable, aesthetically pleasing development citywide consistent with the Comprehensive Plan's goals and policies. Also addressed are public notice requirements in response to recent changes in local newspaper availability. Florida law requires municipalities to publish legal advertisements and public notices. Previously, the City utilized the Lake Worth Herald due to its lower cost; however, following its closure, the City has had to rely on more expensive alternatives. To enhance efficiency and reduce costs, the amendment introduces the option for electronic publication and allows the City's website to link to the County'spublicnotice portal, ensuring compliance with F.S. $50.011 and 50.0311. These provisions authorize electronic publication where it is more cost-effective than newspaper advertisements, with staff estimating The amendment consolidates and clarifies filing and review procedures, ensuring application processes are efficient and align with the timeframes established by F.S. $166.033. It also introduces flexibility within the scheduling ofthe City'sreview processes for efficiency, including that this transition will lower costs and improve efficiency. ZTA-24-11 (Ordinance 2025-01) Page 4 of6 Chapter 161 Filing Procedures, Review Processes, Expirations, Approval Criteria and Standards. allowing the administrative withdrawal for applications with no movement within the specified timeframe. The amendment expands the Development Review Committee's (DRC) responsibilities to specifically include reviewing and making recommendations on Live The updated standards for Special Exceptions and Site and Development Plans emphasize principles such as walkability, compatibility, and connectivity. These enhancements introduce features that improve quality of life, including public art, recreational amenities, pedestrian- friendly spaces, integration of Crime Prevention Through Environmental Design (CPTED) to ensure that developments are not only functional but also safe, enriching, and visually engaging. The standards further emphasize sustainable practices such as Low Impact Development (LID) Thej proposed amendment represents a proactive and comprehensive effort to increase efficiency and supports the Comprehensive Plan's vision prioritizing connectivity, sustainability, and aesthetic harmony. By addressing the City's evolving needs, streamlining processes, and establishing clear standards, the amendment ensures that developments align with the City's unique character and high quality oflife, benefiting all residents and stakeholders. Entertainment Permits, Master Sign Plans, and Preliminary and Final Plats. and energy-efficient design. Development. Review Committee Staff Comments: The request was reviewed by the Development Review Committee on January 16, 2025, and was recommended for approval. IV. Zoning Text Amendment Criteria: A. The need and justification for these changes: The proposed Zoning Text Amendments aim to address key areas of the City's Zoning Code, ensuring they meet current community needs, align with Florida statutory requirements, and reflect best planning practices. By streamlining filing procedures, clarifying review processes, and refining expiration provisions, these amendments enhance efficiency and transparency in development approvals. The changes improve clarity and enable City staff and applicants to work toward high- quality outcomes while maintaining adherence to established timeframes, such as Furthermore, the amendments clarify that Live Entertainment Permits, Master Sign Plans, and Preliminary and Final Plats go through review with the Development Review Committee (DRC). By emphasizing principles such as sustainability, walkability, and connectivity, these updates ensure developments meet the City's goals for creating functional, aesthetically pleasing, and environmentally responsible spaces that enhance residents' quality of life. The amendment also responds to evolving public notice requirements by incorporating electronic publication as an alternative to traditional print advertisements. Given the recent closure oft the Lake Worth Herald, the ability to utilize electronic notices under F.S. those mandated by F.S. $166.033. ZTA-24-11 (Ordinance 2025-01) Page 5 of6 Chapter 161 Filing Procedures, Review) Processes, Expirations, Approval Criteria and Standards. $50.011 and 50.0311 will increase cost-effectiveness: while maintaining compliance with state law. B. The relationship ofthe proposed amendments to the purpose and objectives ofthe City's Comprehensive Plan, and whether the proposed change will further the purposes of the City' 's Zoning Code regulations and other City codes, regulations Thej proposed amendments directly align with and further the goals, objectives, and policies of the City's Comprehensive Plan and will further the purposes of the City's Zoning Code regulations and other City Codes. Specifically, these changes emphasize sustainable land use, and the promotion of safe and visually appealing environments. By introducing enhanced standards for Special Exceptions and Site and Development Plans, the amendments support the City's emphasis on creating walkable, people-oriented spaces with the incorporation of features such as public art, recreational amenities, and pedestrian-friendly design enhances thel livability of neighborhoods and reflects the City's vision for community-oriented growth. and actions designed to implement the Comprehensive Plan. V. Staff] Recommendation: Approval ofZTA-24-11 through the adoption of Ordinance 2025-01. PLANNING & ZONING BOARD OF APPEALS- CITY COUNCIL ACTION First Reading- CITY COUNCIL, ACTION Adoption Hearing - Attachments: 1. Ordinance 2025-01 ZTA-24-11 (Ordinance. 2025-01) Page 60 of6 Chapter 161 Filing Procedures, Review Processes, Expirations, Approval Criteria and Standards. ARTICLE Il. ADMINISTRATION DIVISION 1. GENERALLY Sec. 16-29. Enforcement officer. enforcement procedures of section 2-72. Sec. 16-30. Development order consistency. orders shall also be consistent withi the Zoning Code. Sec. 16-31. Concurrency management. The provisions of this chapter shall be administered and enforced by the planningand ngneergdevelcpment and neighborhood services director or their designee in conjunction with the code Pursuant to Chapter 163 Florida Statutes, the city may not approve any development order which is not consistent with the adopted 1989 Comprehensive Plan, as amended, of the City of Greenacres. All development The development of residential and commercial land shall be timed and staged in conjunction with the provision of supporting community facilities such as streets, water, sewer, stormwater drainage outfall, publicsafety service, publics schools, and recreation facilities. Futurel land use amendments, zoning changes, site and development plans-apprevals, building permits, and other development orders as defined in Florida Statutes, shall only be approvedi if public facilities necessary to meet the level of service standards established ini the Comprehensive Plan are available concurrent with the impacts of development. Sec. 16-32. Building permits. (a) No building permit shall bei issued by the building official without written certification by the planning-and engineering development and neighborhood services department that plans submitted conform with applicable zoning regulations and with the approved site and development plans or other development order (b) Each application for al building permit pertaining to a principal structure or addition shall be accompanied by as survey bearing an original seal prepared within the last one (1) year and copiesof-a seand-develepment set of plans demonstrating compliance with the applicable zoning and land development regulations. For all other building permits, a survey bearing as seal prepared in excess of one (1) year prior to the permit request isa acceptable, provided that suchs survey accurately depicts the property and is acceptable to the planningand mgneelngdeveopment and neighborhood services director_ or their designee. The set of site-and develepmentplangshal. be drawn to scale showing the actual dimensions of the lot or lots to be built upon, height, setbacks, the size of the building or structure to be erected or site altered and the location of the building or structure on the lot or lots. Additionally, such other information which the planning-and mgneetgdevelopment and neighborhood services director or their designee shall deem necessary for the enforcement of this chapter shall be provided. The application and copies of all surveys and site-and cevelopment, associated plans shall be kept as a permanent recordi int thel building division of the development for the property. and neighborhood services department. Sec. 16-33. Public hearing. Public hearings required or called under the provisions of this chapter shall be conducted in accordance with (1a) In accordance with F.S. $166.041, requirements for advertisement, the city clerk shall publish notice of hearing ina a newspaper of general circulation or electronically pursuant to FS.550.0311, shall post such notice in a prominent location at the city hall, and shall give notice by mail to the developer, property this section. owner and/or applicant of the subject property; and Page 1of35 Deletions are marked witha a strikethrough, and additions are marked with: any underline. (2b) At least ten (10) days in advance ofah hearing or as otherwise required by Florida! Statutes, the city shall notify all owners of property within at three-hundred-foot radius of the boundary lines of the subject property oft the! hearing byr mail. Thel list of property owners within thes stated radius shall be provided! by the applicant from the most recent tax rolli information as provided by the county property appraiser's office and the applicant must furnish an affidavit signed by the person responsible for providing the aforementioned list. Notwithstanding any other provision herein contained, failure to provide written notice to any adjacent property owners shall not constitute a procedural defect provided that proper legal notice has been published. (3c) The public notice shall: (1a-) Givei thei time and place oft the hearing; and the: section of this chapter to be changed; (2b-) Containas statement identifying thes specificrequest oft the applicant, thet type of changer requested, (3e) Location description ofi the subject property and, if available, the street address; and (4d-) Specify the official or employee of the city from whom additional information can be obtained. (d) Community meetings are! highly encouraged,ac community meeting may ber required at the discretion of the Development and Neighborhood Services Director or their designee based on the nature, size, or location of a proposed development. When required, the community meeting is recommended to be held prior to Development Review Committee (DRC) review. Ifsuch meeting is required, the applicant shall mail notices with proper postage at least 14 days prior to the community meeting to all property owners and/or to the official neighborhood organizations whose boundaries fall within 300 feet oft the boundary lines of the subject property. The notice shall include the date, time, and location of the meeting; the application name and number; a description of the proposed development and the The applicant shall submit the following to the City, at least 21 days prior to the first scheduled public location of the project. hearing: (1) Ar meeting sign in sheet and summary of materials presented; (2) Issues raised by attendees and the applicant's responses; (3) A copy of the meeting notice; and as listed belowi in Table 16-33. (4) A copy of mailed notices, including the mailing list and proof of mailing. (5e) The development application approvals and notice requirements for each development application are TABLE 16-33: SUMMARY TABLE OF DEVELOPMENT APPLICATION APPROVALS AND NOTICE REQUIREMENTS (D-Decision, IR-Recommendation IS-Staff Review #-Mandatoryl Pre-application, Meeting Conferenee_IPBC Website- Publiclyaccessible Palm Beach Countywebsite established in accordance with FS.550.0311.) Review Procedure City Council and Planning DNS Zoning Board-of Appeals (PZAB) DRC NOTICE REQUIREMENTS Director PetiApplications Abandonment of Easement or D ROW-# (Cross Access, Drainage S Newspaper or Page 2of35 Deletions arer marked witha a strikethrougn, and additions are marked witha any underline. and LAE do not require newspaper notice and only require first class mail) Annexation, voluntary and D involuntary- # Comprehensive Amendment (text) -# Comprehensive Amendment small scale # Comprehensive Amendment large scale # Master Plan- # Master Plan Amendment-# Master Sign Plan-# Master Sign Plan Amendment Program-# Plat- - Preliminary- -# Plat -Final-# Plat Exemption- -# Site and Development Plans- # D Site and Development Plans Amendment (Minor)-# Site and Development Plans D Amendment (Major)-# Special Exception (Developed) D PBC Mail Posting City Hall Newspaper PBC Website Mail Posting City Hall Newspaper or PBC Posting City Hall Newspaper or PBC Mail Posting City Hall Newspaper or PBC Mail Posting City Hall Posting City Hall Posting City Hall Posting City Hall Posting City Hall Posting City Hall Posting City Hall Posting City Hall Newspaper or PBC Mail Posting City Hall Newspaper Mail Pesting-City-HaH Newspaperor PBC Mail Posting City Hall Website R S or 2 meetings Plan D 2 meetings Plan D 2 meetings Plan D 2 meetings D D D D R R S S Website Website R S Website R R S S S S S S S S S S S D S D D D R R R # Special Undeveleped)-# (Minor)-# (Major) -# Unity of Title- -# Variance Administrative)- -# Website Exception D R - S S Special Exception Amendment Special Exception Amendment D D R Website S S D Page 3of3 35 Deletions are marked witha as strikethrough, anda additions arer marked with any underline. Variance (single-familA-# D S Newspaper or PBC Mail Posting City Hall Newspaper Mail Pesting-City-Hal Newspaper Mail Posting CityHa!l Newspaper or PBC Mail Posting City Hall Newspaperor PBC Website, in accordance with F.S. S 166.041/3)a) Posting City Hall Newspaper or PBC Website, accordance with F.S. 5166.041(3)c Posting City Hall Website Varianee-fresidential-but-single APBNoPEVAeN Zoning Map Amendment- # -D -D R S S S family)-# D 2 meetings Website Zoning Text Amendment D (general No change to the actual 2 list of permitted, conditional, or meetings prohibited uses within a zoning category) # Zoning Text Amendment (Ordinances that change the 2 actual list of permitted, meetings conditional, or prohibited uses within a zoning category)-# R S D R S in Sec. 16-34. FlingApplication procedures and fees. (a) The development and neighborhood services department shall maintain a review schedule and submittal checklists for all application types. The filing deadline for flingalla applications shall be at noon oni thet fifteenth of the month ort the previous regular business day. AlaPpieatiensedAh:RedEPAsimeREshalberewewed edeteminewAeherineapplcatemJpon: application submission, Citystaffs shall review each application to determine its is completeness, and in-compliance with the filing procedures, submittal checklists, and applicable code requirements. Completeness or a complete application means that the application package includes all information, documents, and analyses as required by the Comprehensive Plan, the Zoning Code, and any implementing regulations necessary for staff to properly review the application. Applicants will be notified in writing whether the application is complete or of any deficiencies, with such notification provided (b) Once an application is deemed complete, it shall proceed into the applicable review process. AHether ppisanionsswbmieanerelingdsanaephasnienest-momthsagends. All applications shall be in compliance with filing the procedures and code requirements set forth herein. Any-additienal nformationreguirediocompetetheapiationshlbeswbmitedbytheiwentiethoHlhementhorthenext succeeding business-day-In the event that the application does not meet the filing requirements by the timeframe set forth-above, the application shall be considered incomplete and shall not be submitted to the staff for consideration.. Detailed procedures regarding application review, responses to deficiencies and comments, timeframes for resubmittals, requests for time extensions, and decision-making processes are (c) Aproject thal requires the filing of more than one applicatlon type pursuant to the City's Code of Ordinances shallf file allrelated applications concurrently, unless these requirements arey waived byt the Director. Ifap project ina accordance with the timeframes set forthi inFS.6166.033. as amended. outlined in the policies of the development and neighborhood: services department. Page 4 of35 Deletions are marked witha a strikethrougn, anda additions are marked with any underline. requires more than one (1) development application type, the applications shall be combined and reviewed in (d) Burden of proof. The applicant shall have the burden of demonstrating that all standards, requirements, and accordance with the procedures for the highest level of required review. criteria set forth in the Code of Ordinances have been met. See-1635-Hlg'es, (ea) Fees. The smangama-development and neighborhood services directorepartment, planning and zoning board efappeals-or the city council shall not consider any matter PeBAgtPIsepeum. there is first paid a nonrefundable fee as required below, except that such fee shall not be required where the city or any official body thereof is the initiating party. (b) The amount of required fees shall be adopted through a resolution of the city council ands shall! be kept on file theeficeofwith the nanganédevelcpment and neighborhood services department. Secs. 16-356--16-50. Reserved. DIVISION 2. DEVELOPMENT REVIEW COMMITTEE Sec. 16-51. Creation. (a) Established. The development review committee (DRC) shall be established and is an administrative and technical committee that provides input on technical issues raised by a development project for consistency with policies established by the city council, specifically the Zoning Code andi the City Code. (b) Members. The DRC is composed of representatives from the following disciplines: planning and zoning, building, fire, police, recreation, public works, and other departments as determined byt the development and (c) Other city, county, state, or federal agencies may be consulted by the DRC for advice or recommendations on any matter or application being considered by the DRC. The development and neighbornood services department shall have the authority to add or delete members of thel DRC as mayl be deemed necessary. neighborhood. services department. Sec. 16-52. Rules of procedure. (a) The development review committee shall be chaired by a representative of the planning division of development and neighborhood services department and the meetings shall be recorded but minutes need not be drafted.. Although the development review committee meetings are open to the public, no decision is (b) The development and neighborhood services department shalll be responsible for intake, agenda preparation, public notice, distribution of plans and specifications, collection of fees, audio recording of meetings, notification to applicants of the meetings and written notification to applicant of the outcome of the (c) Regular meetings of the Development Review Committee shall be held at least once per month, unless there is_no business to conduct, to perform technical reviews and provide recommendations on applications following a determination of completeness. Meetings shall follow a schedule established by the Development and Neighborhood: Services Department.. Special meetings may be called byt the Chair when ther need arisesor, ifappropriate, the application may be distributed to DRC members for technical review comments in lieu of holding a technical review meeting. Technical review means the evaluation of an application to verify its compliance and consistency with thei intent, standards, and minimum technical requirements set forth in the Comprehensive Plan, Zoning Code, and any applicable implementing regulations-APpieations-whch-have been-found-te-besufieentorProcessing-ytneeHySAa9eSesenedued-orpresentatOR-Sy-tneappleanton the-second-Fhussda-eFthe-moth-olowinga-deteminaton-oF-suieenep-Techae made at the meeting and public comment is noti intended to be solicited. development review committee review. Page! 5of35 Deletions are marked witha a strikethreugh, anda additions arer marked with any underline. eyelopmentreveaeoR-ReAIS-hurdsyOHementH-rdeemed-mecessar hesedatesmaybemodiedintneeventdfaeymoldaylalingenthesehescheduedmetinegdateorifaspecial (d) Review comments and questions by the development review committee, as-wellas-city consultants, and any other agency reviewing the proposal shall be consolidated and sent in-writing-to the applicant by the development and neighborhnood services department within two (2) weeks of the technical review meeting. (e) The development review committee shall have the right to require additional reviews of the application as necessary to ensure: all comments havel been addressed or resolved prior toi further processing. An application that has already been reviewed through two (2) technical review meetings by the development review committee will not be scheduled for a third technical review meeting, unless conditions have changed (f) The application and proposed development plans, if any, shall to the extent possible incorporate all changes mutually agreed upon by the development review committee and the applicant prior toi further processing. (g) AP-aPPHCtIOR-OFvelepmentpanstnaEAathaveaready-been-rewewed-wo-2timesbythe-develepment evew-cemitee-wlaotbescheduededlorathdmeting-umesscendsensavechangedsubstantiallyte WPFAEanoleF-meeIne. Failure of the development review committee to identify any required permits or proceduress shallnotrelieve the applicant tolanvsuchreuirements. nor constituteawaiver. oftherequirement (h) The development review committee shall recommend the application to the planning and zoning board-of appeals, local planning agency, and/or city council, as appropriate, for approval, approval with conditions, or denial. The development and neighborhood services department shall prepare a staff report and recommendationwhich: shall include an explanation oft thea application, analysisincomparisontorelevant: Code standards, the recommendation of the development review committee, and any proposed conditions of approval and provide such report to the planning and zoning board-ofappeals, local planning agency, and/or metingireguredwetoeimeenstants: substantially to warrant another meeting. bythe decision-making! body. city council. Sec. 16-53. Functions, powers, and duties. The development review committee shall have thet following functions, powers, and duties: (a) Tor review and make recommendations to approve, approve with conditions, or deny applications for: (1) Annexation. (2) Comprehensive Plan amendment. (3) Zoning changes. (4) Special exceptions. (5) Site and development plans. (7) Variances. (6) Special exception and site and development plans amendments. (8) Text amendments to the Zoning Code. (10) Preliminary and Final Plats. (11) Master Sign Plans. time-to-time assign. (9) Temporary Use and Live Entertainment permits n-accordancewithsection16-718. (120) Perform such additional duties as the development and neighborhood services department may from Page 6of35 (b) To conduct review and recommendation based on all relevant requirements of the Comprehensive Plan, City Code, policies oft the city, andi information received from the city's consultants and other reviewing agencies. (c) To prepare a staff report and recommendation which explains the application, references relevant Comprehensive Plan policies and Code requirements, summarizes the recommendation of the development review committee and1 the comments of other reviewing agencies, proposes necessary conditions of approval, and summarizes the approval or denial action of each successive reviewing body. The report shall contain exhibits such as plans and maps as necessary to adequately explain and detail the application. Secs. 16-54-16-80. Reserved. DIVISION 3. PLANNING AND ZONING BOARD-OF-APPEALSACALPLANNNG AGEACK Sec. 16-81. Creation. (a) There is hereby established a planning and zoning; board efappeals (PZAB) which shall consist of five (5) members, all of whom shall be appointed by the mayor upon advice and consent of the city council. During medawyabe (5) members shall bea appointed tot thef following terms: (1) One (1) member to a one-year term. (2) Two (2) members to a two-year term. (3) Two (2) members to at three-year term. Thereafter, as eacht terms shalle expire, alla appointments orr reappointments. shalll bef for at term of three (3) years. Members can be reappointed to the PZAB for an indefinite number of terms; the reappointments shall be by the mayor upon advice and consent of the city council. Vacancies that arise during the term shall bet filled by the mayor upon advice and consent of the city council for the unexpired term of any member whose seat has become vacant. Int the case of vacancies, the mayor may elect to fill such vacancies with the designated alternates and appoint new alternates upont the advice and consent of city council.. All members oft the PZAB shall be residents oft the city except as authorized by Article VIII Section! 5 oft the City Charter in order to obtain members withi technical and professional expertise from within Palm Beach County to serve on the PZAB. All members of the PZAB shall serve without (b) Inaddition tot the regular PZAB members, the mayor shall appoint upon the advice and consent of city council two (2) alternate members designated as PZAB alternate #1 and alternate #2. The alternate members shall serve in that order for succession and voting purposes at meetings of the PZAB when such alternate member iss substituting for an absent regular PZAB member. Int the event that all five (5) regular members and thet two (2)a alternate members are present at a meeting, the alternate members may take part in the discussion, but (c) The absence of a member for three (3) consecutive meetings, without an excuse approved by the chair of the PZAB, and noted in the minutes, shall be deemed cause for removal by the city council. In the event of a vacancy ont thel PZAB suchy vacancy shall bet filled within ap period oft thirty (30) days fromi the occurrence ofs such (d) No member of the PZBA: shall be ane elected official of the state, county, or city, or as state, county or municipal (e) Pursuant to, and in accordance with F.S. 5 163.3174 (and the Community Planning Act), the PZAB is hereby designated ande established: ast the local planning agency for thei incorporated territory of the city. compensation except for reimbursement of out-of-pocket expenses, ifa any. shall not cast a vote vacancy ini the manner provided herein. officer, or an employee of the city. Page7 7of35 Deletions are marked with a strikethreugh, and additions are marked with any underline. Sec. 16-82. Conflict ofinterest. (a) Members of all of the PZAB shall be subject to removal from office by the city council for nonfeasance, (b) No member shall have any interest, financial or otherwise, direct or indirect, or engage in any business, transaction or professional activity or incur any obligation of any nature which is in substantial conflict with the proper discharge of the member's duties in the public interest. To implement such policy and strengthen thei faith and confidence of the citizens oft the city, the members oft the PZAB are directed as follows: (1) Not to accept any gift,f favor, or service that might reasonably tend toi improperly influence the member (2) To make known by written disclosure any interests which such members shall have in pending application or other matters prior to al hearing thereof. In the event the member is not aware of the member'si interest or a conflict becomes known duringal hearing thereof, the member shalli immediately (3) To refrain from disclosing confidential information gained by reason of official position and to refrain (4) To refrain from accepting or receiving any compensation from any source which might impair his (5) Torefrain from participationi in any matteri iny which such member shall havea personal investment which will create: as substantial conflict between the member's private interests and the public interests. (6) Willful violation of this provision shall constitute malfeasance in office and shall render the action malteasance, misfeasance, or for other good cause shown tot the city council. int the discharge of official duties. disclose ther member'si interest and shall abstain from voting on such matter. from using suchi information for personal gain or benefit. independence ofj judgment int the; performance of his public duties. voidable byt the city council. Sec. 16-83. Officers, rules of procedures. (a) The PZAB shall elect annually a chair and vice-chair from among its regular members, and the chair and vice- (b) The PZAB shall be governed by Roberts' Rules of Order, latest edition, in all of its procedural matters. The presence of at least three (3) PZABI members (inclusive of alternate members): shall constitute a quorum. (c) Meetings of the PZAB shall be regularly scheduled on a monthly basis on a consistent day as determined by the PZAB and ats such other times ast the PZAB chair or majority oft ther members may determine tol be necessary. The chair, or in the chair's absence, the vice-chair, or in the vice-chair's absence the longest serving regular member, shall conduct the meeting. All meetings shall be open to the public. The PZAB: shall keep minutes of its proceedings, showing the vote ofe each member upon each question, ori ifabsent ori failingt to vote, indicating such fact, and shall keep records of its official actions, all of which shall be aj public record and be filed int the chair shall have the same voting rights as any other regular member. office of the city clerk. Sec. 16-84. Authority, functions, powers and duties. The PZAB: shall have the authority and dutyt to: deny applications for: (1) Annexations. (2) Rezonings. (3) Special exceptions. (a) Hear, consider, and make recommendations to the city council to approve, approve with conditions, or Page 8 of35 (4) Site and development plans. (5) Zoning text amendments. (b) Serve as the local planning agency for the city to hear, consider and make recommendations tot the city council for text amendments to the Comprehensive Plan and site-specific future land use amendments (c) Serve as a design review body to hear, consider, and make recommendations to the city council with regard to community appearance as part of site and development plans pelitienapplications to: (1) Balance carefully the natural environment with manmade systems which preserve, protect and (2) Sustain the comfort, health, tranquility and contentment of residents and attract new residents by (3) Minimize incompatible surroundings and visual blight which prevent orderly community (4) Encourage and promote development which features amenities and excellence in the form of variations of siting, types of structures and adaptation to and conservation of native vegetation (5) Foster civic pride and community spirit by maximizing the positive impact of developments; (6) Inspire creative approaches to the use of land and related physical developments; (7) Encourage the realization and conservation of a desirable aesthetic urban environment through (8) Foster the development of a positive visual character for the city by promoting a high degree of (9) Promote orderly growth, development and placement of all land uses so as to encourage a balanced natural, physical, and economic environment and advance the quality of life for city (d) Hear, consider and make recommendations to the city council with regard to the principles of Crime Prevention Through Environmental Design (CPTED) as part of site and development plans (e) Consider amendments to previously approved special exceptions and: site and development plans. (f) Conduct public hearings as may be required to gather information necessary for the maintenance oft the Comprehensive Plan and: such additional public hearings as required to perform their duties. (g) Formulate and propose generalr recommendations tot the city council regarding matters within the realm (i) Acquire and maintain information and materials as necessary to gain an understanding of past trends, (k) Hear and decide appeals in accordance with section 16-85 where it is alleged there is an error in any interpretation or administration of Chapter 12 and 16 of the City Code byt the administrative official. (1) Ina accordance with Section 16-103, grant, grant with conditions or deny variances from the provisions of tot thei future land use map of the Comprehensive Plan. conserve the natural environment; reason of a desirable urban environment; development and reduce propertyvalues; and other environmental design features; simple and cost-effective design elements; compatibility between land uses; residents. petitienapplications. of community: appearance and thes scope of1 this chapter. (h) Establish, principles and policies for guiding action int the development of thea area. present conditions andi forces at workt to cause changes ini these conditions. () Perform such other duties and assignments as are authorized by the city council. Chapter 12 and Chapter 16 of the City Code. Page 9 of 35 Deletions are marked with a strikethrough, anda additions arer marked with any underline. Sec. 16-85. Appeals. (a) Appeals tot theF PZAB concerningi interpretation or administration of Chapter 12 and Chapter 16 ofthe City Code may ber made by any person aggrieved or by any officer or department of the City affected by any decision of the administrative official. Such appeal shall be made within ar reasonable time, not to exceedi fifteen (15) days from the date of the decision being rendered by filing a notice of appeal with the development and neighborhood: services department. The notice ofa appeal shall be madel byf filinga a written application ont forms provided by the development and neighborhood services department and paying the applicable fee. The (1) A written description of the decision by the administrative official that is being appealed; notice of appeal must contain thet following information: (2) Abrief statement of facts and issues involved int the appeal; (3) A brief statement of the alleged error(s) made by the administrative official in rendering the (4) Any exhibits or materials relevant to the issues forming the basis of the appeal, such as vegetative surveys, environmental assessments and relevant permits issued by other governmental agencies; administrative official's decision; (5) Ther name, address and telephone number oft the property owner; (6) Alegal description of the property; (7) Aboundary: survey of the property, completed within twelve (12) months of the appeal; and (8) Such other information asi may reasonably be requested byt the development and neighborhood: services (b) The development and neighborhood services department shall transmit to the PZAB the applicant's notice of appeal as well as all documents constituting the record upon which the administrative official's decision was (c) Nor notice ofa appeal shall be considered or construed tol bei filed until the required feel has been paid. (d) The development and neighborhood services department shall fix a reasonable time for hearing the appeal which shall not to exceed forty-five (45) days from the date the notice of appeal is deemed as filed. The development and neighborhood services department shall give public notice of the appeal hearing following (e) At the hearing, the party filing the appeal may appear in person, by an attorney-at-law authorized to practice int the state, or by an agent who received written authorization from the party filing the appeal which is (f) When an appeal is made to the PZAB, all work and proceedings shall stop on the project, premises and/or property in question unless the administrative official whose decision is under appeal certifies in writing that as stay would cause imminent peril to life or property. Ins such case, work and proceedings shall not stop unless (g) In exercising its powers, the PZAB, inconformity with the provisions of Chapter 12 and Chapter 16, revers or affirm, wholly or partly, or may modify the order requirements, decision or determination made by the administrative official andi make such order, recommendation, decision or determination as ought tol be made, and to that ends shall have all the powers oft the administrative official from whom the appeal is taken. department. based. the procedures set forthi in section 16-33 for public hearings. submitted to the PZABI no later than the commencement of the hear. ac court of competent jurisdiction issues at temporary restraining order. Secs. 16-86--16-100. Reserved. DIVISION4. VARIANCE Page 100 of 35 Deletions are markedv with a strikethreugn, and additions are marked with any underline. Sec. 16-101. Purpose. (a) The purpose oft this section is to provide for relief from certain provisions in Chapter 12 and Chapter 16 oft the City's Code when the strict administration of such regulations prevents ani important need andt ther reasonable use of the property for which a variancei is sought. In sO doing, thet following rules apply: (1) Use variances are not permitted. (2) All variances run with thel land. (3) All variance requests to the requirements of the Florida Americans with Disabilities Accessibility Implementation. Act must be preceded through the procedures required under such act. (b) The following words, terms and phrases, when usedi ini this section, shall have the meanings ascribed to them Practical difficulty means use ofa all or a portion of the! property ati issue cannot occur with reasonable physical Unnecessary hardship means a practical difficulty which exists due to an unintended effect of the land Use variance means ane exception tot the uses permitted inay particular zoning district by right, special exception int this section, except wherei the context clearly indicates a different meaning: accommodation that is economically reasonable. development regulation. or conditional use. Sec. 16-102. Application requirements. (a) Application by a property owner fora a variance shall include the following: (1) Completed application form signed by the property owner including reasons identifying why a variance is warranted. (Note The burden of proof is the obligation of the applicant. Justification for compliance with the criteria for a variance must be fully documented and proven by the applicant. Each variance must stand on its own merits. Past variances will not be grounds for approval off future variances.). (2) Agent's authorization or power of attorney if the applicant is other than the property owner. (4) Survey including al legal description oft the property and all easements of record, referenced by Official (5) List of property owners within at three-hundred-foot radius and mailing envelopes as necessary to meet (6) One set of stamped plain envelopes with thet typed names of owners within a three hundred- foot radius (7) Dimensioned plans showing thei improvements that are the subject of the variance request. (b) All requests for variances shall be made by filing an application on forms provided by the neighborhood and development services department by noon on thet fifteenth oft the month or previous regular business day. (c) No application shall be considered or construed to be filed until the required feel has been paid. (3) Warranty deed. Records Book and page, prepared by as surveyor registeredi in the State of Florida. the requirements ofs section 16-331 for two (2) public hearings. of thel boundary lines oft the subject property. No return address. Sec. 16-103. Standards of review. (a) The PZAB shall have the power to authorize upon appeal such variance from the terms of Chapter 12 and Chapter 16 as will not be contrary to the public interest where, owing to special conditions, a literal enforcement ofi thep provisions of Chapter 12 and Chapter 16 will resulti in unnecessary: and undue hardship. In order to authorize any variance int thet terms of Chapter 12 and Chapter 16, PZABI must and shall find: Page 11 of35 (1) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings int the same district. (2) That thes special conditions and circumstances do not resulti from the actions of the: applicant. (3) That granting thev variance request will not confer ont the applicant any special privilege that is denied by this chapter to the other lands, buildings, or structures in thes same zoning district. (4) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under thet terms oft this chapter. (5) That the variance granted is the minimum variance that will make possible the reasonable use of the (6) Nor nonconforming use of neighboring lands, structures or buildings in thes same or other districts and no permitted use of land, structures, or buildings in other districts shall be considered grounds for the (b) In granting any variance, the PZAB: shall prescribe appropriate conditions and safeguards in conformity with Chapter 12 and Chapter 16 and as the PZAB determines are reasonably necessary in keeping with the above stated six (6) criteria. Violation ofs such conditions and safeguards, when madea a part oft thet terms underwhich the variance is granted, shall be deemed a violation of City's Code. The PZAB may also prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed or both. If (c) Financial hardship is not to be considered alone as sufficient evidence of a hardship in the granting of a (d) Requested variances shall be reviewed by the development and neighborhood services department and a development and neighborhood: services department: staffr report and recommendation shalll be prepared and (e) The development and neighborhood services department shall fix a reasonable time for the hearing of the variance request not to exceed forty-five (45) days from the date the application is deemed filed and the applicant has satisfied all comments and questions of the development and neighborhood services department staff. The development and neighborhood services department shall give public notice of the (f) At thel hearing, the applicant may appear in person, by an attorney-at-law authorized to practice int the state, or by an agent who has received written authorization from the applicant which is submitted to the PZABno land, building or structure. issuance of a variance. nos such limit is stated, section 16-105 shall apply. variance. forwarded to the PZBA at least four (4) days prior to thes scheduled hearing. variance following the procedures set forth in section 16-331 for public hearings. later than the commencement oft the! hearing. Sec. 16-104. Review of decisions; venue. (a) No person aggrieved bya any decision of the PZABI may apply tot the court for relief unless the person aggrieved has first exhausted the remedies provided for herein and has taken all available steps provided by the City Code. AC decision oft the PZABI mayl be reviewed byf filinga ai petitionapplication fora a writ of certiorari int the circuit court for thei fifteenth judicial circuit in andf fort the county, within thirty (30) days from the date of the decision sought to be reviewed. (b) Costs shall not be allowed against the PZAB. Sec. 16-105. Timeframe. (a) Expiration of Variances. A variance granted by the PZB shall become null andy void one (1) year from the date oft thet final decision granting the variance, unless otherwise provided in thef final decision,under thei following conditions: Page 120 of 35 Deletions arer marked with a strikethrough, anda additions are marked with any underline- (1) Avariance: approval shall become null and voidi ifab building, permit, where required by law, has not been issued in accordance with the approved plans and conditions oft they variance. Its shall bet the obligationof the owner to file written notice with the development and neighborhood services department that the (2) A variance approval shall become null and void ifa building permit issued in accordance with the plans and conditions upon which the variance was granted expires and is not renewed pursuant to the VariancesgrantedbyReP2ABSMa-setecOmevo-FOteMeNeRswAMASOPmORNSOPReGBNedategfanted-ESAaH be-the-obigation-oFIRe-owneH1O-e-wten-mele.AbOfno-ne-develepment-servces eparimentthattheprepesedwokhaSMegwn-PHOHeIpraltionoisuehSi-mORthpeRod,theappleant may-make-a-witen-egweste-the-development-and-eghbohodsenasene-deparimene-era-Sie-menth Mtension-Furtherewtensionsoftimeshalregureaewapplicaltioniebeprocesedintne-mamnerdeseribed (b) Variance requests which havel been denied may not be resubmitted for ap period of one (1) year. An application forr reconsideration will be filed with the neighborhood and development services department along with the appropriate documentation and fees. The city council shall consider thet following in granting a waiver of the (2) Whether there has been ane error in substantive or procedural law beforet the planning and: zoning board (3) Whether competent and substantial new evidence is available which was not presented toi the planning (5) Whether the particular facts and circumstances otherwise warrant another hearing before the planning proposed work has begun; and applicable provisions regarding renewal oft buildingp permits. herein. one-year waiting period: (1) Whether conditions affecting such property materially changed. efappeals. and zoning board-efappeals. (4) Whether a modified plan is presented. and zoning board-efappeals. Sec. 16-106. Administrative Variances (a) Administrative variances may be approved by the city manager or designee pursuant to this section. An administrative variance may be considered only for: (1) Ana adjustment up tot ten (10) percent for non-residential development. three hundred (300) feet, have already been developed or platted. (2) An adjustment ofal lot(s)withina an areay where atl least fifty (50) percent of the lots within approximately (3) An adjustment of no more than ninety (90) percent of a setback required by the underlying district (4) An adjustment of no more than ten (10) percent of the lot coverage for a principal and/or accessory (5) An adjustment of spacing between structures on the same lot may be reduced; provided, however, in (6) Ana adjustment for shared parking when minimum is not met; provided, however, in no event shalls such (7) An adjustment tos screening, type/mixing of materials, reduced landscape heights due to availability. (8) Ana adjustment for non-residential properties to provide fences and landscaping in lieu of walls. regulations. structure as required by the underlying district regulations. no event shall such spacing be less than five (5) feet. adjustment be less thant ten (10) percent of the required parking. Page 13of35 (9) Ana adjustment fort the construction of an addition oranaccessorys structure withinas single-family or two- family residential lot, where the minimum yard requirements were made more restrictive since the (b) At any time prior to the final decision, the city manager or designee shall have the authority to refer the (c) in addition to any other application requirements of this section, an application for administrative variance shall include letters of no objection from all abutting property owners and the governing homeowners' association, if applicable. Ifs such letters of no objection cannot be obtained, then the applicant may apply for (d) Inc consultation with the development and neighborhood services department staff, the city manager or designee shall consider applications for administrative variance according to the criteria set forth above and (1) The variance is necessary because of practical difficulty peculiar to the land, structure or building involved and which is not applicable to other lands, structures and buildings int the same zoning district. (3) The variance willl be in harmony with the general intent and purpose oft the zoning code and will not be (e) The city manager or designee shall set forth his or her findings and conclusions on the application in a' "notice ofi intent to approve" or a "notice ofi intent to deny" and provide such notice to the applicant in writing. A "notice of intent to approve" may include conditions necessary for the mitigation of any external impacts of the administrative variance and/or are necessary to accomplish the goals, objectives and policies of the Comprehensive Plan and this chapter, including, but not limited to, limitations on size, bulk, location, (f) Any "notice of intent to approve" shall be provided to the city council and mailed to surrounding property (g) No sooner than ten (10) but no later than twenty (20) days after the mailing of the "notice of intent to approve," the city manager or designee shall consider any public comments or additional information submitted in relation tot the application andr render ai final decision, setting out in writing the reasons for such approval or denial, and any conditions of approval. Ifany applicant is aggrieved by a final decision rendered by the city manager or designee, such applicant may appeal such decision to the PZAB as authorized by this (h) Expiration of Administrative Variances.. Ana administrative variances shall becomer null andi void one (1)year from the date oft the final decision granting the variance, unless otherwise provided in the final decision, under the (1) An administrative variance approval shall become null and void a-development-appleation-fer-the develepment-contempaie-AtneeadmistativevananceaPpiatonsHOR-SGE-SSURG-ANe/yea: HRea-desionof: al building permit,where required by law; has not been issued erthe-building PeFmtSeMPed-n accordance witht thes approved plans and conditions upon which the administrative (2) An administrative variance shall become null and void ifal building permit issued in accordance with the plans and conditions upon which the administrative variance was granted expires and is not renewed principal residence was lawfully constructed. decision to the PZAB. avariance to the PZAB. thet following standards: (2) Thev variancei is the minimum variance necessary to alleviate the practical difficulty. injurious tot the area involved or otherwise detrimental tot the public welfare. requirements forl lighting and provision of adequate ingress and egress. owners within three hundred (300) feet oft thes subject property. chapter. following conditions: variance was granted; and pursuant toi the applicable provisions regarding renewal of building permits. Secs. 16-107--16-115. Reserved. Page 14 of35 Deletions arer marked witha a strikethrough, and additions are marked with anj underline. DIVISION. 5. ANNEXATION Sec. 16-116. Florida Statutes. The annexation of any landsi intot the municipal boundaries of the city shall bei in accordance with the Florida Statutes in effect at the time oft the pettionapplication for annexation. Sec. 16-117. Comprehensive Plan. The annexation of any lands into the municipal boundaries of the city shall be in accordance with the annexation element oft the City's Comprehensive Plan, including satisfaction of the criteria of Objective 41.3, Policy 1.3.1(a) and, for proposals ten (10) acres or larger in size, completion of the feasibility study requirements of Objective 41.3, Policy 1.3.1(b). Sec. 16-118. Application requirements. (a) Application by a property owner for voluntary annexation intot the city shall include thei following: (1) Completed application form signed by the property owner and the applicant. (2) Agent's authorization or power of attorneyi ift the applicant is other than the property owner. (4) Survey including a legal description of the property and all easements of record, referenced by Official (5) List of property owners within at three-hundred-foot: radius andi mailing envelopes as necessary to meet (6) Vicinity map depicting the proposed annexation in relation to the existing city boundary. (b) Clyinltiatedamnesations, including annexations byr referendum: and mougrintecalagyremen, shallf follow (3) Warranty deed. Records Book and page, prepared by a surveyor registered in the State of Florida. ther requirements of section 16-33 for two (2) public hearings. the requirements of Chapter 171 of the Florida Statutes. Sec. 16-119. Processing requirements. (a) Annexation pettienapplications may be initiated by either the city or the property owner. No individual may submit an annexation application for property which they do not own except as an authorized agent for the (b) Application by the property owner shall be submitted by noon on the fifteenth of the month or previous regular business day on forms provided by the PBnAREamC-ePeeeInE development and neighborhood services department and shall include the documents in section 16-118(a) above as well as any other information necessary for review to ensure compliance with Florida Statues and the annexation element of (c) Proposed annexations shall be reviewed by the development review committee and a development Feview committeeandi neighborhood services department: staff report and recommendation prepared andf forwarded tot the planning and zoning board efappeals-at least four (4) days prior to the scheduled hearing. (d) The planning and zoning board efappeals-shall hold an advertised public hearing in accordance with section 16-33, shall review the proposal, shall provideanonbinding recommendation: tot the city council, and: shall have the recommendation incorporated into the development ewew-commitee-and neighborhood services department staff report and recommendation and forwarded to the city council. Annexations proposed through an interlocal agreement may omit the planning and zoning board ofappeals-hearing. owner. the Comprehensive Plan. Page 15 of35 (e) Upon determination that the necessary criteria have been met, the city council shall adopt the annexation through an ordinance, unless otherwise provided by Florida Statutes, after an advertised public hearing in (f) Unless otherwise provided through the adopting ordinance or resolution, annexations shall be effective upon adoption andi the city's official boundaryl legal descriptions shall bec considered amended toi include the annexed accordance with section 16-33. area. Secs. 16-120-16-125. Reserved. DIVISION 6. COMPREHENSIVE PLAN AMENDMENTS Sec. 16-126. Purpose. In accordance with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act in Florida Statutes Chapter 163, the City of Greenacres has adopted a Comprehensive Plan. The provisions of this division 6 are intended to provide a means of amending the adopted Comprehensive Plan. These amendments may consist of either site-specific amendments to future land use designations or text changes to elements of the plan. Sec. 16-127. Application requirements. (a) Site-specific future land use amendments applications shalli include thei following: (1) Completed: application forms signed byt thep property owner and the applicant, along with the appropriate (2) Agent's authorization or power of attorney if the applicant is other than the property owner. (4) Survey including a legal description of the property and all easements of record, referenced by Official Record Book and Page, prepared by a surveyor registered int the State of Florida. (5) List of property owners within at three hundred-foot radius and mailing envelopes as necessary to meet ther requirements of section 16-331 for public hearing(s) as required by Florida Statutes. (6) Documentation establishing the proposal's satisfaction of and effect on the concurrency requirements (7) Traffic impact analysis addressing the impact of the proposed future land use designation on the Metropolitan Planning Organization's current (at the time of the application) adopted Long Range (b) Other than site-specific future land use amendments, amendments to the Comprehensive Plan shall only be initiated byt the PBRAPEARGeREeeAR8 development: and neighborhood services department ifr necessaryt to comply with Florida Statutes, if necessary to maintain consistency between the Comprehensive Plan and the Zoning Code, as recommended in the periodic evaluation and appraisal report, or as directed by the local planning agency or city council. Application materials shalll be as necessary to perform a complete analysis of fees as established byt the city council. (3) Warranty deed. ofs section 16-31. Transportation Plani in comparison toi the existing futurel land use designation. the proposal andi to comply with Florida Statutes. Sec. 16-128. Processing requirements. (a) Site-specific future land use amendments may be initiated by either the city or the property owner. No individual mays submit at futurel land use amendment application for propertyv which they do not own except as an authorized agent for the owner. Page 16 of 35 Deletions are marked witha strikethrough, and additions arer marked with anj underline. (b) Other amendments shall only be initiated by the PSAAREaN6-enEneeNPE development and neighborhood (c) Application by the property owner shall be submitted by noon on the fifteenth of the month or previous regular business day on forms provided by the PanaRgaRdengeeAnE development and neighborhood services department and shall include the documents in section 16-127(a) above as well as any other information necessary for review to ensure compliance with Florida Statutes and the Comprehensive Plan. (d) Proposed amendments shall ber reviewed by the development review committee and a development Feview committeeand neighborhood: services department staff report andi recommendation; prepared andi forwarded toi thep planning andz zoning board ofappeals-at least four (4) days prior tot the scheduled hearing. (e) The planning and zoning board-efappeals, sitting as thel local planning agency, shall hold an advertised public hearing in accordance with section 16-33 and Florida Statutes, shall review the proposal, shall provide a nonbinding recommendation to the city council, shall have it incorporated into the development review committee-and neighborhood services department staff report and recommendation, and forward it to the Review by the city council at public hearing(s) and adoption of the amendment by ordinance shall be in services department per section 16-127(b). city council. accordance with Florida Statutes. Sec. 16-129. Standards of review. All proposed future land use amendments to the City's Comprehensive Plan shall be reviewed against the following criteria: (a) Compatibility with adjacent and nearby future land use designations. Regional Policy Plan, and the City of Greenacres Comprehensive Plan. (c) Maintenance of established levels of service (concurrency). (b) Consistency with Chapter 163 oft the Florida Statutes, the Treasure Coast Regional Planning Council's Strategic Sec. 16-130. Denial. date of the council action. Secs. 16-131-16-150. Reserved. Ift the city council denies an application for amending the future land use designation of a property, the city shall not accept anyf future land use amendments for the same property for ap period of twelve (12) months from the DIVISION 7. ZONING TEXTAMENDMENTS AND REZONING Sec. 16-151. Zoning amendments. These zoning regulations, the official zoning map and schedule of district regulations which are a part of this chapter may from time tot time be amended, supplemented, changed or repealed. Sec. 16-152. Initiation of proposals for amendment. A zoning amendment may take two (2) forms: as a rezoning of the district designation applied to a parcel of land which accordingly amends the official zoning map; or a text amendment which amends provisions of this chapter andi the schedule of district regulations. (a) Azoning amendment may be proposed by: (1) Cityo council; Page 17of35 (2) Planning and zoning board-efappeals; (3) Any other department or agency of the city; (4) Any person other than those listed in a-(1)-(3)d above; provided, however that no person shall propose an amendment for ther rezoning of property (except as an agent or attorney for an owner) which he does not own. The name oft the owner shall appear on each application. (b) All proposals for zoning amendment shall bec considered first by the development review committee: and the planning andz zoning board ofappeals int the manner herein set out prior to review byt the city council. (c) All proposals for zoning amendments shall be submitted in writing to the office of planning-and engineering development and neighborhood services department, accompanied by all pertinent information required by these zoning regulations and which may! be required by the planning and zoning board efappeals or the Panangamdengeeing development and neighborhood services department for proper consideration of the matter, along with payment of such fees and charges as have been established byt the city council. No application forz zoning amendment shall be heard by the development review committee until such fees and charges have been paid. Sec. 16-153. Planning and Zoning oasaeyaoaaeN report. (a) The planning and zoning board ofappeals shall submit a report to the city council which shows that the commission has studied and considered the proposed amendment for rezoning of property and change to the (1) Whether the proposed change would be contrary to the land use plan and would have an adverse effect official zoning mapi in relation tot the following, where applicable: on the Comprehensive Plan; (2) The existing land use pattern; (3) The possible creation of ani isolated district unrelated to adjacent and nearby districts; (4) The population density pattern and possible increase or overtaxing of the land on public facilities such (5) Whether existing district boundaries are illogically drawn in relation to existing conditions on the (6) Whether changed or changing conditions make the passage of the proposed amendment necessary; (7) Whether the proposed change will create or excessively' increase traffic congestion or otherwise affect (8) Whether the proposed change will adverselyi influence living conditions ini the neighborhood; (9) Whether there are substantial reasons why the property cannot be used in accord with existing zoning; (10) Whether the proposed change will constitute a grant of special privilege to an individual owner as (b) When pertainingt to other proposed text amendments oft this chapter, the planning and: zoningboardofappeas ass schools, utilities, streets, etc.; property proposed for change; public safety; and contrasted witht the public welfare. shall consider ands study: (1) Ther need andj justification for the change; and (2) Therelationship oft thep proposed amendment tot the purposes and objectives oft the city's comprehensive planning program and to the Comprehensive Plan, with appropriate consideration as to whether the proposed change will further the purposes of this chapter on other city codes, regulations and actions designed to implement the Comprehensive Plan. Page 180f35 Sec. 16-154. Restrictions, stipulations and safeguards. (a) Thep planning and zoning board ofappeals-may recommend that at petenapplication to amend or supplement ac district be approved subject to stipulations limiting the use of the property. The city council, after receiving the recommendation fromi the planning and zoning board ofappeals-on ar request to amend or supplement a district, may grant such amendment and make the granting conditional upon such restriction, stipulation and safeguard asi it may deem necessary1 to ensure compliance witht thei intent and purposes of the Comprehensive (b) Restrictions, stipulations and safeguards attached to an amendment may include but are not limited to those necessary to protect adjacent or nearby land owners from any deleterious effects from thet fulli impact of any permitted uses, limitations more restrictive than those generally applying to the district regarding density, height, connection to central water ands sewer: systems and stipulations requiring that development take place in accordance with the development concept plan submitted. The city council may also stipulate that the development take place within a given period of time after which time public hearings will be indicated and the district returned to the assigned designation or such other designation as determined appropriate by city council in accordance with the Comprehensive Plan. In cases where stipulations, restrictions or safeguards: are attached, all representation of the owner or his authorized agents at public hearings shall be deemed contractual and may be enforced by suit for injunction or other appropriate relief. All costs, including reasonable attorney's fees shall be awarded to the governmental unit ifitp prevails in such suit. Plan. Sec. 16-155. Zoning amendment process. (a) Awritten Pitomapalsionlereonin: shall be submitted by noon ont thet fifteenth oft the month or previous regular business day on forms provided by the PBnARgamd-engneeinE development and neighborhood services department and shall indicate the sections of this chapter under which the rezoning is sought and stating the grounds on whichiti is requested with particular reference toi the written findings ins section 16-153. The peition-application. shall include all material necessary to meet the requirements listed below and any (1) Asigned ands sealeds survey not moret than one (1)year old, including thel legal description oft they property and any easements, with reference to the Official Record Book and Page, prepared by a surveyor (2) Development concept plan on one (1) or more sheets of paper measuring not more than twenty-four (24)inches by thirty-six (36) inches and drawn to as scale not smaller than one hundred (100) feet toi the inch. The followingi information shalll be provided on the development concept plan: a. Scale, date, north arrow, vicinity sketch, title oft the project and total gross acreage. b. Thel boundaries ando dimensions oft thep property andi its relationshipi toi thes surrounding roads system C. The location and dimension of existing manmade features such as existing roads and structures d. The location of existing easements, watercourses, section lines, water and sewer lines, well and septic tank location, and other existing important physical features in and adjoining the project. e. Identification of surrounding land use and zoning within one hundred (100) feet of thes site as well f. Al layout of the proposed lots and/or building sites including the following site data: additional information that will demonstrate the rezoning approval is proper. registered int the State of Florida. including the width oft the existing travelway. withi indication as to which are to ber removed, renovated or altered. as thel land use and zoning of the subiectpetitiened site. 1. Common open areas; 2. Generalized landscaping and buffer areas; Page 19 of35 Deletions arer marked witha as strikethreugh, anda additions arer marked with an underline. 3. Internal circulation patterns including off-street parking and loading facilities; 4. Total project density; 5. Percentage of building lot coverage; 6. Percentage of impervious surface coverage; 7. Percentage of open space areas; 8. The shape, size, location and! height of all structures. (3) Atraffici impact analysis as required by the city engineer including the following: a. Future right-of-way dedications; b. Intersection improvements; Traffic-control devices; Standards Ordinance; e. Distribution and assignment of traffic; f. Additional roadway needs (travel lanes and turn lanes). (4) The proposed phasing of construction fort the project if applicable. d. Traffic generation analysis, including compliance with the Palm Beach County Traffic Performance (5) Commercial, office and uses other than residential shall provide the estimated square footage oft the structures, the number of employees, estimated seating, and the estimated number of users of the facility, such as members, students, and patients. (6) Proposed hours of operation for commercial uses. (7) Adrainage statement or drainage plan as required by the city engineer. (b) Ifit has been determined to have met the submittal requirements, the application shall be reviewed by the development review committee within thirty (30) days of thes submission deadline. Upon development review committee review and analysis of all submitted materials, the PnAngamd-engneeing development and neighborhood services department shall forward the development evew-commitee-and neighborhood services department staff report and recommendation to the planning and zoning board ofappeals-at least (c) A public hearing shall be held by the planning and zoning board-efappeals. The property owner may appear (1) Notice of publick hearing shall be advertised: following thep procedures! set forthi ins section 16-331 for public (2) Ther recommendation oft the planning and: zoning boarde ofappeals-shall be advisory only ands shall not be (3) The written recommendation and conditions, if any, of the planning and zoning board ef appeals-shall bei incorporated into the development evew-commiteeand neighborhood services department staff report and recommendation and transmitted to city council in accordance with adopted city council (d) Upon receipt of the planning and zoning board- of appeals's recommendation, the city council shall hold a public hearing at second reading of the ordinance relating tot ther rezoning request and take appropriate action four (4) days prior to the scheduled public hearing. personally or by agent or attorney. hearings. binding upon the city council. agenda procedures. with the application as set out in sections 16-153 and 16-154. Page 20 of35 Deletions arer marked witha as strikethreugh, and additions are marked with any underline. Sec. 16-156. Limitations on the rezoning of property. (a) Whenever city council has denied an application for the rezoning of property, the city shall not thereafter accept any further zoning change application for the same property for a period of twelve (12) months from (b) The city council shall havet the authority to establish: ap period of time ofr not less than two (2) years in duration commencing on the effective date of any rezoning of property within which such property shall not be the (c) The time limits of subsections (a) and (b) above may be waived by ai two-thirds (%) majority vote oft the city council when such actioni is deemed necessary to prevent injustice or to facilitate the proper development of the date ofs such action. subject of another rezoning pettiem-application to ar more intense: zoning classification. the city. Secs. 16-157--16-170. Reserved. DIVISION 8. SPECIAL EXCEPTIONS Sec. 16-171. Statement of purpose. The development and execution of a zoning ordinance is based upon the division of the city into districts, within which the use of land and structures and the bulk and location of structures in relation to the land are substantially uniform. Iti is recognized, however, that there are certain uses and features which because of their unique characteristics, cannot be distinctly classified or regulated in a particular district or districts, without consideration in each case, oft thei impact of such uses andf features upon neighboring uses and thes surroundingarea, compared with the public need for them at particular locations. Such uses and features are therefore treated as special exceptions. AS special exceptioni is not the automatic right ofa any applicant. Sec. 16-172. General provisions. Certain uses are permissible in designated zoning districts as special exceptions granted by the city council provided such usei is specified under the special exception. subsection of the appropriate. zoning district. Sec. 16-173. Findings. applicant, where applicable: Before any special exception is granted, city council shall apply the standards set forth herein and shall determine that satisfactory provision and arrangement of the following factors have been met by the petitiener (1) Compliance with all elementsgoals objectives, policies and other applicable requirements of the City's (2) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, efficient.traffic flow and control, and access in case of fire or (3) Off-street parking and loading areas are well-designed tor meet operational edFwAereregerw#A (4) Refuse and service areas are appropriately located and designed, with attention to safety, accessibility, (5) The proposed use must not introduce nNuisance factors detrimental to adjacent and nearby properties and the city as a whole. Nuisance factors shall include, but not necessarily be limited to, noise, odor, Comprehensive Plan and provisions of the City Code; catastrophe; artkcubratentionseineesnabove, and aesthetic compatbliy-wihgarieNAemsancabove, smoke, glare, electrical interference and/or mechanical vibrations; Page 21 of35 (6) Utilities, with referencet to location, availability: and compatibility; (7) Screening and buffering with reference to type, dimensions and character; compatibility and harmony with properties ini the district; (8) Signs and proposed exterior lighting with reference to glare, traffic safety, economic effect and (10) General compatibility with adjacent properties,thes surrounding district, and the overall character of the ommuntvconsceingarniecualsivesale. density, land use, hoursofo operation, and other factors that may be used to measure compatibility. andetherprepertyinthe-distriet; (11) Whether the change suggested is out of scale with the needs of the neighborhood or the city; (12) Any special requirements set out int the schedule of district regulations for the particular use involved. (9) Required yards and other open space; Sec. 16-174. Conditions and safeguards. (a) In addition to the standards listed above and specific conditions listed for each particular special exception listed within the schedule of district regulations, the city council may impose other such conditions and safeguards as it deems appropriate in conformity with this chapter for the protection of the surrounding (b) Once established andi not expired or voided, the approval ofaspecial exception use shall runy witht the property unless otherwise stipulated as a condition of approval. Ifa special exception is granted for as specific location within a property, such as a designated bay within a shopping center, the approval shall be limited to that location and shall not extend to the entire property. Anymodification to an approved special exception shall require an amendment pursuant to Division 10 of this chapter. Furthermore, any such modification shall remain subject to the previously imposed conditions of approval unless those conditions are formally properties and the neighborhood or general welfare of the public. amended. Sec. 16-175. Denial. Should the city council denya a special exception, its shalls statet fully for ther record the reasons for doings sO. Such reasons shall take into account thet factors under section 16-173 and all other conditions and particular regulation relating toi the specific special exception requested. Sec. 16-176. Limitations on the filing of a special exception. (a) Whenever city council has denied an application for a special exception, the city shall not thereafter accept any further application for special exception on any part or on all of the same property for a period of twelve (b) The time limits of subsection (a) above may be waived by a two-thirds (%) majority vote of the city council when such action is deemed necessaryt to prevent injustice or to facilitate the proper development of thec city. (12) months from the date of such action. Sec. 16-177. Time limits for special exceptions. A special exception shall commence within twelve (12) months from the date of grant unless extended by (1a) Commencement of as special exception occurs upon the filingis issuance of an-appleation-er allr necessary building permits, or if no building permit is required, at the time a Business Tax Receipt-and/or Registration is suedprelmnaypierstepierupenihelaisansiseierantastioniosais eqeents-teF-improvements-cemtsined-n-a-development-orderorether-regwiaony-deuments action of city council. Page 22 of35 relatingte-suehspecial-exeepton. Ifatanyt time ar master building.permit lapses, the special exception, including ally phases thereof, shall be considered null, void, and of no further effect. (2b) Only one (1) extension shall be permitted ands shall not exceed six (6) months. unless at time limitation is made as specific condition of the special exception. (3c) Special exceptions granted to any governmental unit shall be exempt from the provisions oft this section, Sec. 16-178. Special exception application process. (a) A written pettien-application for special exception shall be submitted by the property owner or authorized agent by noon on the fifteenth of the month or previous regular business day on forms provided by the PaRAREaNGenEeeAnE development and neighborhood services department andi indicating the section of this chapter under which thes special exception is sought and stating the grounds on whichi iti is requested, with particular reference tot the written findings in section 16-173 and other specific conditions, ifa applicable which city council shalla address. Thep pettienapplication: shalli include all material necessaryt tor meet the requirements listed below and any additional information that will demonstrate that the grant of special exception will bei in harmony with the general intent and purpose of these zoning regulations. Fees as established by the city (1) Asigned and sealed survey not moret than one (1)year old, including thel legal description of the property and any easements, with reference to the Official Record Book and Page, prepared by a surveyor (2) Ad development concept plan meeting the technical requirements for site and development plans as outlined in Section 16-197. OR-9RE#OFmOrESPeet50-PaPermePEHr 24inches-bythirt36/-ncheSand-drawntoaseslenotsmaHerhaanomehundred.00/feetto-the inch-ThefelewinginformatOnshalbeprowdedonthedevelopmentconeeptplan: a. Seale,date,noFthaOMAERySKeteh,eoHneprepetandola'gress-aereage. Theboundariesanesanddimensiensooperlyansisrelatenshipttheswrowndingreadsystem the-oeation-and-eimensien-FeNStRg-aR-madeleatures-sWena5eNStREea65.4nd-structures d. Thelecation-ofewsingeasements,watercourses,setion-ines,waterand-sewer-wer-lnes,weland septictanklecation,andOHheFeNSHPE-mpOriRE-eatures-nand-acpiningthe-preject: dentficationefswrounding-anduse,2eAingandewstingeuHdinesARonehunered/100feet DHthepetilonedsie,5welSPtRens.aNG:OMPEOAR. A-3youtoFtne-prepose-obane/pFPWHdImESESIOlowngske-data: 3. IAterna-eIFeIation-paterAsineldingo#streetparangandoadHeadingatites; council shall be paid at thet time of application. registered in the State of Florida. Rlwdngtnew.dIhOHeeeNsIPEHseoY. Withindieationaste-whcharetoberemoved,renovaled-eralered. 1 Commonepenareas, 2. Generalnedlsndepnebuferareas, 4. Telalpeet-densiw, Pereentageorbuidinglotcoverage, 6. PerceniggedtimpeowSSWPstPCPVeReS 7. Percentageeropenspaceareas, 8. Fheshape,sie,lea:ORaRGHeENEOFalStructures. a. Future right-of-way dedications. b. Intersection improvements. C. Traffic-control devices. Standards Ordinance. e. Distribution and assignment of traffic. f. Additional roadway needs (travel lanes and turn lanes). (4) The proposed phasing of construction for the projecti ifapplicable. (3) Atraffici impact analysis as required by the city engineer including thei following: d. Traffic generation analysis, including compliance with thel Palm Beach County Traffic Performance Page 23 of35 (5) Commercial, office and uses other than residential shall provide the estimated square footage of the structures, the number of employees, estimated seating, and the estimated number of users of the facility, such as members, students, and patients. (6) Proposed hours of operation for commercial uses. (8) Size, location and orientation of signs. (9) Proposed lighting of the premises. (7) Adrainage statement or drainage plan as required byt the city engineer. (10) Such additional data, maps, plans, surveys or statements as may be required by city officials for the (b) Ifit has been determined to have met the submittal requirements, the application shall be reviewed by the development review committee within thirty (30) days oft the submission deadline. Upon development review committee review and analysis of all submitted materials, the aRAREaG-engneeHRE development and neighborhood services department shall forward the development revew-committee-and neighborhood services department staff report and recommendation to the planning and zoning board efappeals-at least (c) A public hearing shall be held by the planning and zoning board-ofappeals. The property owner may appear (1) Notice of public hearing shall be advertised following the procedures seti forthi ins section 16-331 for public (2) Ther recommendation oft the planning and zoning boarde efappeals-shall be advisory only and shall not be (3) The written recommendation and conditions, if any, of the planning and zoning board ofappeals-shall bei incorporated into the development eMew-commiteeand neighborhood services department staff report and recommendation and transmitted to city council in accordance with adopted city council (d) Upon receipt of the planning and zoning board-ef-appealss recommendation, the city council shall hold a public hearing relating to the special exception request which has been advertised following the procedures set forth in section 16-33 for public hearings and take appropriate action with the application as set forth in sections 16-173, 16-174 and 16-175. The city council shall, in the form of a resolution, make written findings particular use or activity involved or listed on the applicable checklist. four (4) days prior to the scheduled public hearing. personally or by agent or attorney. hearing. binding upon the city council. agenda procedures. oft fact pertaining to the granting or denial oft the special exception request application. Secs. 16-179--16-195. Reserved. DIVISION. 9. SITE AND DEVELOPMENT PLANS Sec. 16-196. Applicability. No person shall commence any use or erect any residential structure, any commercial structure, or parking area without having first receivinged approval ofa a-site and development plans for the property. This requirement excludes the construction of a single-family residential dwelling or duplex, including accessory structures, ona vacant,lawfully established lot. After approval of thes site and development plans, nos structure shalll be changed and no other improvements or construction shall be undertaken unless consistent with thes site and development plans ora approved oni an amended site and development plans. Page 24 of35 Deletions arer marked witha a strikethrough, and additions are marked with an underline. Sec. 16-197. Procedure. (a) A written pettien-application for site and development plans approval shall be submitted by the property owner or authorized agent by noon on thei fifteenth of the month or previous regular business day on forms provided byt the naingandegneerng development: and neighborhood: services department andi indicating theu uses, structures, and layout to! be approved. The pettionapplication. shalli include all material necessaryt to meet ther requirements listed below anda any additional information that willo demonstrate that the approval of the site and development plans will be in harmony with the general intent and purpose of these zoning regulations. Fees as established by the city council shall be paid at thet time of application. The lamaingandensnee"gdevelopment and neighborhood services director or their designee may waive itemsi ift he-determineds that one (1) or more ofs such elements does not applyt to the particular development. (1) Statements of ownership and control of the proposed development, including the warranty deed. (2) Project Description and. Justification Statement describingi in detail thec character andi intended use oft the development, demonstrating compliance with all relevant zoning regulations and alignment with the goals, objectives, and policies of the Comprehensive Plan. The statement must identify how the project meets the criteria outlined in Section 16-198, include an overview of current site conditions, and provide (3) General location map, showing relation of the site for which site and development plan approval is sought to major streets, schools, existing utilities, shopping areas, important physical features in and (4) A signed and sealed survey not more than one year old, prepared by a surveyor registered in the State asummary of the property's history,including: anyprior approvals. adjoining the project and thel like. a. Legal description. of Florida. The survey: shalli includei thef following: C. Existing topography on the property. b. Alle easements including a reference toi the Official Record Booka and Page. one hundred (100) feet of the project boundary. e. Existing structures within one hundred (100) feet of the project boundary. hundred (100) feet of the project boundary. g. Existing trees on thep property, identified by Caliper and species. developer, date, north arrow, and the additional information below: b. Exact location of all buildings ands structures; d. Existings streets andr roadwayi improvements (medians, landscaping, signage, driveways, etc.)within f. Existing utilities, including inverts of pipes, rim elevations, wells, and septic tanks, etc. within one (5) A-sSite and development plans containing the title of the project, the names of the project planner and a. Boundaries of the project, any existing streets, buildings, watercourses, easements and section Access and trafficf flow and how vehicular traffic willl be separated from pedestrian and other types d. Off-street parking and off-street loading layout anda access, including bicycle racks; Location andi nature of recreational facilitiesand common area amenities, ifany; f. AllI landscape details including all trees, shrubs, ounctoverAr-ndsatonsonasePePumes and-sizes, all screens and! buffers) with cross-sectional drawings illustrating the buffers inc context with the surrounding features, including adjacent buildings. signs, and madama-amépowsoler Indicate the botanical and common names, height, spread, and spacing of all plant materials. Specify whether the plant materials are native, drought-tolerant, Florida-Friendy, and/or Refuse collection areas with details, including sizing, height, screening, gates, and materials; lines; oft traffic; flowering. Provide irrigation and maintenance plans; h. Access to utilities and points of utilities hookup; Page 250f35 Deletions are marked witha as strikethrough, anda additions arer marked with any underline. i. Project information including the number of users oft thef facility, employees, seating, and hours of de-dtedysewéhsimes Plan for all outdoor lighting, including thel location and! height ofa alll lightingf fixtures, as well as illumination! levels measured to all property lines,spill, direction, and shielding. Provide details for lighting, including materials, finishes, colors, operation; and anchoring; and Land use and: zoning ofi thes site andz zoning of adjacent properties. (6) Tabulation oft total gross acreage int the project and the percentage thereof proposed to be devoted to: a. Various permitted uses; b. Ground coverage by structures; Impervious surface coverage; above; and d. Derivation of numbers of off-street parking and off-street loading spaces listed in subsection (4) (7) If common facilities (such as recreation areas, private streets, common open space, etc.) are to be provided for the development, statements as to how such common facilities are to be provided and permanently maintained. Such statements may take the form of proposed deed restrictions, home owners associations, surety arrangements or other legal instruments providing adequate guarantees to e. Total project density in dwelling units per net acre. the city that such common facilities will not become at future liability of the city. a. Proposed streets and roadways with dimensions and cross sections. b. Curve radii for alli internal ande external vehicular use areas. Access tot the property by means of paved dedicated right-of-way. d. Proposed traffic control signs and striping. (8) Conceptual engineering plans containing thet following: e. Proposed water distribution system showing location of all existing and proposed utilities for water. Fire hydrants, water mains, service lines and Fire Department connections, with size of line f. Proposed sanitary sewer collection system and point of connection, or size and location of septic g. Written Ddrainage statement. providing a comprehensive description of deseribing-thes system h. Proposed storm water management: system with location ofi inlets, piping and! legal positive outfall along witht typical section andi tops surface area ofs storm water retention/detention pond, including soil types, slope, bottom and top elevations, normal water surface elevation, the max water WithecalioneHfire-ydrantsandponntefconnection. design and the applicable design standards utilizedused. tank and drainfield if applicable. surface elevations for storm events, and finish floor elevations. Existing and proposed fire protection systems. (9) Traffic impact analysis addressing at a minimum: Distribution and assignment of traffic, intersection improvements, additional roadway needs (travel lanes and/or turn lanes), traffic control devices, future right-of-way dedications and compliance with the Palm Beach County Traffic Performance Standards (10) Architectural floor plans and elevations for-buldings-from all exposures, including construction materials, finishes, and colors; and the exact number of dwelling unit sizes and types. Provide color- rendered elevations accurately depicting the proposed development andl landscaping upon completion, including front, side, and rear views showing concealment of any rooftop mechanical equipment. For (11) Signage Pplans including, locations, signage area, height, lighting and type of materials usedfersigns," Ordinance. multi-level buildings, include dimensions and clear heights for each level. any. (12) Plans for public art, ifany. Page 26 of35 Deletions arer marked witha a strikethrough, and additions are marked with: anj underline. (132) Proposed phasing of construction, if applicable. (143) Such additional data, maps, plans, surveys or statements as may be required by city officials for the (154) Such additional data as the applicant may believe is pertinent to thes site and development plans. (165) Items (4), (5) (8) and (9) and (10). above shall be prepared by registered surveyor, engineer, landscape architect or architect as may be appropriate to the particular item. Alls site and development plans shall be submitted on one (1) or more sheets of paper measuring not more than twenty-four (24) inches by thirty-six (36) inches and drawn to a scaler not smaller than one. hundred (100) feet toi thei inch. (b) Ifit has been determined to have met the submittal requirements, the application shall be reviewed by the development review committee within thirty (30) days of the submission deadline. Upon development review committee review and analysis of all submitted materials, the PanaRgandengeeing development and neighborhood services department shall forward the development reMew-commite-and neighborhood services department staff report and recommendation to the planning and zoning board ofappeals-at least (c) A hearing shall be held by the planning and zoning board ofappeals. The property owner may appear (1) The meeting shall be open to the public and1 the publics shall be allowed reasonable time to address the (2) The written recommendation and conditions, if any, of the planning and zoning board efappeals-shall bei incorporated into the development evew-commiteeand neighborhood services department staff report and recommendation and transmitted to city council in accordance with adopted city council (d) Upon receipt of the planning and zoning board ofappeals-'s recommendation, the city council shall hold a hearing relating to the site and development plans request and take appropriate action with the application particular use or activity involved or listed on the applicable checklist. four (4) days prior to the scheduled hearing. personally or by agent or attorney. planning and zoning board efappealsregarding the proposal. agenda procedures. as set forth in sections 16-198 and 16-199. Sec. 16-198. Site and building design. (a) The goalpurpose of this section ist to ensure that allj proposals for new or amended site and development plan propesals have the highest possible aesthetic and functional appearanee-qualities through cost effective and sustainable design by concentrating on the interrelationship between structures and their surroundings. The recognition of the South Florida climate, including its influence on building shape and orientation,roof: design, overhangs, and window placement, is integral to achieving these objectives. New developments and redevelopment should incorporate high-quality site design to enhance the community image and foster (b) The ANAReROHMeDoNnE four(4) general-prineiples: is-intended, Design and Performance: Standards are established to stimulateensure creative design and planning solutions, which-woule-directly Fesultin enhancing the visual appearance within the city, and promotinge the public health, safety, and welfare of its residentst through high-quality design and thei integration of architectural, landscape, urban design elements. pedestrian-oriented. spaces with a distinctive sense of place. and pedestrian and streetscape connections, byi incorporating the following: (1) Site development relationships: a. Transition. The sites should be planned to accomplish a smooth transition from adjacent properties that differ in land use and/or design philosophy by the use of site breaks such as landscaping, b. Engineering Design treatment. The design of drainage systems, ponds, wetlands, and utility placements must seamlessly integrate functionality with visual appeal, adhering to sound berms, fences, and walls for aesthetic purposes. Page 27of35 Deletions arer marked with a strikethrough, anda additions are marked with any underline. engineering practices. Utilities should bei installed undergroundi to prevent conflicts withl landscape growth and enhance aesthetic quality, with utility hardware discreetly located and effectively screened. Low Impact Development practices, such as bioswales, permeable pavements, and rain gardens, are to be incorporated to promote environmental. sustainability: and resilience.: The-site ShouiG-be-plannedsotnatthedraimege-ponds,weliands,andplseemeRtoFuHeses-enandoffthe e-are-designed-AaPSESHheHEmamnersubecttosoundengnerneerngpractieesans-prineiples-by, orexample,nsialPe-steundegounasesEmOHoHiocnlkw#h-ndkandseape-growth-and Control of effects of lights from automobiles or other sources. Where the site plan indicates potential adverse effects of parking or of other sources on thel lot on which ther nonresidential use ist to be located, such effects shall be eliminated or at ar minimum prevented so that lights do not illuminate adjacent residential property! belowa al height of five (5)f feet at the residential lot line,or from shining into any residential window if there is to be nonresidential parking on the premises In addition to the above, outdoor lighting is subject to the provisions of Section 16-767 and ifi in conflict with the provisions of this section, the more restrictive provisions shall apply. SReHPPGIPEAnAeeARVHPAardNare after dark. (2) Building and site design relationships: a. Buildings. Buildings should demonstrate compatibility in materials and consistency in style 1. Being compatible with adjacent land uses int terms of scale andI lot coverage. 2. Using color schemes that blend with those of neighboring developments whileand using 3. Using building wall extensions to connect structures and other site elements. 4. Incorporating canopies or awnings to enhance building character and shelter pedestrians 5. Designing building signs as integral architectural elements with their proportions 6. Rooftops. Screening rooftop equipment from the public right-of-wayand residential: areas in such a manner as to present an integrated appearance relative to overall design. Parapets, pediments, and other traditional designs should be used toa articulate ther roofline and conceal Roof finishes should be light in color to encourage maximum reflection/minimum 7. Defining building entrances through the use of massing, design elements, architectural features,and logical location. Primary building facades and entries should face publicrights- of-way and provide a clear destination point for approaching pedestrians. 8. Ensuring that thel building prepertiens, amdHmepreperiensoHhe alongw with its component elements, incorporates materials of durable qualityt to promotel longevity, arei is harmonious and are compatible witht the architectural: style oft thel building andi itss surroundings. Harmony does not require buildings tol looki identical or be oft thes same style. Harmony can be achieved by proper consideration of combining various factors such as setbacks, floor and overall heights, scale, massing, bulk, proportions, orientation, landscaping, materials, and architectural components, including but not limited to balconies, porches, roof types, throughout all exterior elevations by: accent colors chosen to enhance architectural details. from the elements. Felataligned to thes surfaces to which they are attached. flat roofs and rooftop equipment. transmission of heat loadings. fenestration, entrances, ands stylistic expressions. Page 28 of3 35 Deletions arer marked witha at strikethrough, anda additions arer marked with any underline. 9. Ground-floor transparency should be prioritized, particularly at building corners, entries, corridors, and publics spaces,to enhance engagement and connectivity with thepublicrealm,. 10. Applying principles of Crime Prevention Through Environmental Design (CPTED) by ensuring open sightlines, utilizing effective territorial reinforcement lighting, and landscaping to b. Site design. Sites should enhance the streetscape and provide for variety in relationships between 1. Defining entrances through lighting and design mechanisms, such as elevated landscape areas, back lighting of signs, and/or-landscaping elements,and architectural focal points. 2. Encouraging vard-setbacks in excess of zoning requirements to provide diversity in site 3. Locating loading, service,and refuse facilities and areas andrelusecentmesto the rear of buildings for screening from public view. These facilities must be of sufficient size, design, andl location to accommodate access byl large vehicles servicing such facilities. 4. Adding pedestrian-focused elements such as public art, exterior lighting fixtures, street furniture, street trees, bike racks, and other exterior features se-as-to be compatible with 5. Designing free-standing signs as integral parts of the development theme, including the use of colors, materials, andi features that reflect and complement the architectural character of 6. Installing bulding-foundation landscaping to soften building edges and enhance the site's encourage natural surveillance. buildings and site design by: appearance contributing to aesthetic varietyand usability. and complementary to site and building design. the principal building or buildings. aesthetic appeal. (3) Parking and circulation relationships: a. Parking. SitepParking areas lots-should be designed to Adcaesepasatcnihowdsepngte aveid-minimize impervious surface areas masses and enhance usability and aesthetics by: 1. Including curbed landscape islands_ to break up large impervious surface areas and also 2. Incorporating pedestrian crosswalks and pathways through landscape areas. 3. Installing wheel stops to avoid trees, poles, or interruption of sidewalks by overhanging 4. Structured parking garages must minimize the appearance of expansive blank walls along the ground floor by employing thoughtful exterior design, architectural features, and b. Circulation. The site should have defined vehicular and pedestrian access and circulation elements 1. Differentiatefning walkways and circulation patterns through variations of pavement 2. Using landscapinge elementfeatures: ardeinewahwoyamdeamddielsionpaltens, such as flower beds, hedges, and landscaped embankments to define walkways and circulation 3. Providing clear wayfinding signage for vehicles and pedestrians for ease of navigation. reduce heat island effects. vehicles. landscaping to blend with the surrounding context. by: textures; and materialsthrougnsig-placement. patterns. Page 29 of35 Deletions are marked with: a strikethrough, and additions are marked with any underline. 4. Providing cross-access connections where appropriate between adjacent properties and within developments to reduce reliance ond collector and arterial streets and enhance overall connectivity. (4) Open space relationships: a. Landscaped and usable open spaces should be designed as integral partscomponents of the site and building design. Open spaces shall provide opportunities for respite, community interaction, 1. Incorporating public art installations, fountains, or other focal points to create unique and 2. Ensuring open spaces are accessible to all users, including individuals with disabilities. 3. Designing open spaces to accommodate a diverse range of activities, from passive relaxation b. Thel location and configuration of usable open space should be SO designed as to encourage: social 1. Selecting plant materials with consideration for building design, growth patterns, colors, texture, spacing, shade,maintenance needs, and compatibility with site activity. 2. Preserving and incorporating existing natural features including opogephy,Mwaterounes, 3. Designing planting areas to avoidi injury to pedestrians and vehicular traffici through the use 4. Creating pedestrian-friendly spaces with walkways, bike paths, and seating arrangements within open space areas_ that encourage social interaction and activity. Include street furnishings that complement the architectural style and surrounding context to create a 5. Incorporating buffers and! berms for topographical diversity, separation, and noise control. engagement and recreation by: engagingspaces. to active recreation. interaction, recreation.maximize its utility andi facilitate maintenance by: and vegetation into thes site design. of curbing, terracing, and other suche elements. cohesive public realm. Sec. 16-199. Standards for review. Thei following standards of review shall be applied when considering a request for site and development plans (a) Compliance with all elementsgoals, objectives, policies of the Citvys-Comprehensive Plan and applicable (c) Ingress and egress to the property and proposed structures thereon with particular attention to automotive and pedestrian safety and convenience, efficienttraffict flow and control, and access in case (d) Off-street parking, loading, and circulationare well-designed to meet operational needs; (e) Refuse ands service areas are appropriately located and designed, with attention to safety, accessibility, approval: provisions of the Zening City's Code of Ordinances; (b) Satisfaction of the concurrency requirements of section 16-31; of fire ore emergency; and aesthetic compatibility; (f) Utilities with reference to service location and compatibility; (g) Screening and buffering with reference to type, dimension, and character; Page 30 of 35 Deletions arer marked witha a strikethrough, and additions arer marked with an underline. (h) Setbacks and open space are designed to promote walkability, social interaction, and environmental preservation,with: af focus on connecting to adjacent public amenities or pathways; (i) Signs and exterior lighting with referencet to glare, traffic safety, economic effect, and compatibility and () The proposed use must noti introduce nNuisance factors detrimental to adjacent and nearby properties and the city as a whole. Nuisance factors include but are not limited to noise, odor, smoke, glare, (k) Compliance with the site and building design standards of section 16-198 and any standards specific to (1) General compatibility with adjacent properties, thes surrounding district,and the overall character of the communlyconsceingarenarhtecturalivesale. density,and landuseandolherproperyinihedisiict. harmony with adjacent properties and the rest of the district; electrical interference, and mechanical vibrations; applicable zoning districts and overlay areas as authorized by the Code; and Sec. 16-200. Limitation of authority. (a) ASSite and development plans authorizes only the use arrangement and construction set forth in such approved plans and applications. Changes different from that authorized that were not permitted via (b) Statements made by the applicant in conjunction with the submitted site and development plans shall be deemed official statements. Approval of thes site and development plans shall inr no way exempt the applicant from strict observation of applicable provisions of this chapter anda all other applicable regulations, ordinances, (c) A-sSite and development plans approved in error shall not confer any rights or privileges to the applicant to amendment shall be deemed a violation oft this chapter. codes and laws. proceed with development, and the city shall have the power to revoke such approval. Sec. 16-201. Required impact fees. Thei following impact fees are applicable: (1) New residential development shall ber required to dedicate land for parks andi recreation andf for general government services pursuant to the subdivision regulations, or provide payment in lieu of land dedication payable at thet time of plat approval or issuance ofal building permit, whichever occurs first. (2) All new commercial structures, and additions to existing commercial structures, shall be required to dedicate to the city's capital improvement fund two dollars and eighty cents ($2.80) per square foot of gross floor area. Such dedication is required in order that the capital needs of police, fire, public works and administrative. services of the city can bes supplemented due to increased activity which can burden existing services andi facilities. Payment shall be required prior to issuance of the building permit. (3) The provision of section 16-201 shall be effective: for all approved projects which have not submitted: a complete ands sufficient application fora ab building permit as of January: 21, 2016; for all approvals pending as oft that date; andi for all projects submitted for approval after. January 21, 2016. For all other projects, the prior rate of two dollars and twenty-five cents ($2.25) per square foot of gross floor area shall apply. Sec. 16-202. Duration of approval. Approval of the an application for a-site and development plans by the city council shall be effective for a period of two (2) years from the date of such approval. Commencement of development of an approved site and development plans must occur within the two-yeart time frame andi is considered to start uponetysowndaprewas ofthe-plat-the issuance of all necessary building permits-orvpon-he-ntstondisgaiant-action-esats requirements-for alli improvements: set forth on the approved site and development plans and those contained in Page 31 of35 Deletions arer marked with a strikethrough, and additions are marked with any underline. the te-ama-development review-committee- -and neighborhood services department staff report and recommendation. Such building permits shall remain valid, and in effect until a Certificate of Occupancy (CO), or equivalent approval is granted. Shouamepitlauiangperkrhnernsensdopmemtasionsw.tn no building permits are issued within thet two (2)-year time frame, the approval oft the site and development plans shall expire be considered null, void, and ofr no further effect, unless an extension is granted in accordance with the provisions below. If at any time a master building permit lapses, the site and development plans, including all undeveloped (1) Int the event that expiration eFthisiwe-yearperiod has occurred without any of the actions abovel being commenced, the granting ofu up toi two (2) additional one-year time extensions may be approved subject a. The first one-year time extension shall be requested by the pettener-appicant prior to the expiration of the original time pproval-wolPyesRededn-byaiy council!, and the second one-year time extension shall be requested by the pettionerapplicant prior to the expiration of the first-time extension. Such requests to be made to the planning-and b. The Panangam6-engneetne development and neighborhood services department shall review the proposed extension of time to determine if any modifications have been made to the previously approved site and development plans, and if changes have occurred to this chapter, concurrencyapprovals, or other development regulations whichwould: affect the original approval. C. Substantial modifications shall necessitate a completely new review oft thes site and development plans by the planning and zoning board tappeais-and city council. Conditions which shall require 1. A change to approved site and development plans approval-change which involves an 2. AThes site and development plans which would be affected bya any changes in this chapter or other development regulations which have occurred subsequent to the time oft the original 3. Any other proposed change which is deemed by the Panangantengneetsneermgdevelopment and neighborhood services director or their designee to be a substantial deviation to the d. The PBRARE-and-emgeeneerngdevelopment and neighborhood services director or their designee will also review the time extension request with the development review committee and provide a recommendation: to the city council inwriting. Ifr no member ofthe city council objects to the proposed time extension within seven (7) working days, the proposed modification will be approved by the PBAAREaRG-enERee#mgdevelopment and phases thereof, shall be considered null, void, and of no further effect. tot thet following requirements: engineering development andi neighborhood services department. a new review are as follows: increase int floor area. approval. original approval. neighborhood services director or their designee. (2) eprevsionselseton162025A3lseelecliweHoralapprovetpreeet-wehhavenetyetexpired 58HMay19,2998:006F0Fa1aPpPovaspendinga5eHn3tdale,andoralprepetisswbmited-erappreval aRer-May19,2908. Any period of extension authorized under state law or by executive action shall reduce the time period for any extensions available under this section ona onedarfor-onedaybasis. This provision does not apply to extensions that have already been granted. Extensions granted under state law do not preclude or limit the city's authority to review applications for local extensions in accordance with this section. Secs. 16-203--16-210. Reserved. Page 32 of 35 Deletions are marked witha a strikethrough, and additions are marked with any underline. DIVISION 10. AMENDMENTS TO APPROVED SPECIAL EXCEPTIONS AND SITE AND DEVELOPMENT PLANS Sec. 16-211. Purpose. From time to time, in response to changing market conditions, social and economic circumstances, fashion, and changing desires of the property owner, it is necessary to change the materials, physical appearance, layout, intensity, and/or uses calledi fori in approved special exceptions and site and development plans. The purpose of this division 10-is to establish procedures for modifying these previous approvals, including planned commercial developments and/or special exceptions which have been used at times as the functional equivalent of site and development plans, and providing an appropriate level ofr review andi input byt the! bodies which provided the original Sec. 16-212. Minor special exception and site and development plans amendment process (a) The following types of changes shall be categorized as a minor site and development plans and special (1) Modification to signage and lighting plans when such changes are consistent with the intent of the approval. exception amendment: approved master sign plan or lighting plan. (2) Additional landscape species ands structure screening. (3) Outdoor coolers. (4) Exterior modification to approved residential models or addition of new models. (5) Addition or relocation of refuse areas. (6) Protection of existing vegetation. (7) Aone-time or cumulative decrease in non-residential floor area of less than ten (10) percent. (8) Aone-time or cumulative decrease in residential dwelling units of less than ten (10) percent. (9) Aone-time or cumulative increase or decrease in non-residential parking or open space ofl less than ten (10) percent. (10) Exterior residential or non-residential appearance modifications, including color. (12) Alteration of the location ofr road, walkway, or structure by not morei than five (5) feet. (11) Shared parking agreement for mixed use zoning districts. (13) Decrease ini the height or number of stories of as structure. (14) Relocation of parangnenage/nciscapne due to loss of site area to accommodate widening of public (15) Particular amendments may not meet the criteria for minor site and development plans or special exception amendments but due to their uniqueness or meeting goals of the city, the following amendments willl be processed as a minor site and development plans or special exceptionamendment: rights-of-ways or intersections. (i) Amendment makes as significant positivei impact on the city's employment; (ii) Amendment is a significant financial generator; (ii) Amendment involved innovative and! high-quality design, architecture, site layout or sustainability (iv) Amendment significantly furthers establishment ofa a city council approved plan; features or; Page 33 of35 (v) Modifications to any conditions of approval. his/hertheir designee to be ai minor amendment. (165) Any other proposed amendment which is deemed by the development and neighborhood director or (b) Thei following process shall apply to all minor site and development plans ands special exception amendments: (1) Apre-application meeting shall be scheduled and conducted with the development and neighborhood services department prior tot thes submission ofa minor site plan or special exception amendment. (2) A written application for an amendment shall be submitted when ready on forms provided by the development and neighborhood services department, shalli indicate what changes are desired, and shall include all documents, of a nature similar to that called for ifi it was an application for a new approval, necessary to evaluate the proposal. Such information shall include, but not be limited to, as applicable, as site plan, landscape and buffer plan, proposed hours of operations, parking standards and proposed use limitations. The application shall be signed by the owner and the applicant, shall include agent authorization for the applicant to represent the owner, and shall include the application fee as established by the city council. It shall be the applicant's burden of proof to satisfy all applicable (3) The development and neighborhood services department shall review the proposed changes in comparison to the original approval, original conditions of approval, and current Zoning Code (4) Once the development and neighborhood services department shall schedule the application for the next available development review committee (DRC) meetings. The DRC shall consider each application, shall complete at technical evaluation of the application, shall identify any deficiencies or discrepancies, and for each comment shall either indicate that the comment involves a code, safety, or engineering requirement or that the comment is advisory. Comments shall consist oft the draft comments andi items discussed at the DRC meeting. Complete and final comments on all applications considered at the DRC meeting shall be assembled and forwarded to the applicant. At the discretion of the DRC, applications with substantial deficiencies may, upon post-DRC re-submittal, be scheduled for re-review at another (5) Resubmission. The: applicantsresponse tot the DRC comments shalli include: ani itemized letter that recites each staff comment, details how each comment has been adequately addressed, and states where any corresponding plan revision can be located. Once all comments have been adequately addressed, all technical and informational requirements met, and the commenting members of the DRC have recommended: approval or approval with conditions on the application, the application shall be sent to (6) Ift the application is to be approved, a memorandum shall be prepared explaining the request and containinga any conditions of approval. Its shall be: signed byt the development and neighborhood services director or his/her designee to indicate official approval and the memorandum and supporting (7) Int the event the applicant does not agree with the conditions of approval or ift the application is denied, the development and neighborhood services director or his/her designee shall provide written notice of denial which shall be served to the applicant by certified registered mail. Said notice shall notify the applicant ofi the city's action and specify the reasons for denial, including applicable Code citations. The applicant may appeal to the city manager within thirty (30) days of the date of the written notice of requirements for the proposed request. requirements. DRC meeting. the development and ncighborhood director or his/her designce for review. documents placed into the property's file. denial. The city manager's decision willl bei final. Page 34 of 35 Deletions arer marked witha a strikethreugh, and additions are marked with any underline. Sec. 16-213. Major site and development plans and special exception amendments review. Any deviation from a-site and development plans or aspecial exception that does not meet the criteria fora a minor site and development plans or special exception amendment, as defined above, or is not deemed by the Development and Neighborhood Services Director or their designee to be ar minor amendment, shall be considered a major amendment. Major amendments shall follow the original site and development plans or special exception (a) Any proposed amendment may be deemed a major amendment by the Development and Neighborhood application process pursuant to this Code. Services Director or their designee ifiti is determined to: (1) Have a significant impact on thes surrounding area;or (2) Represent a substantial deviation from the originally approved plan;or (3) Raise public interest concerns that warrant further review. Sec. 16-214. Exemptions and duration. (a) The following types of changes shall be exempt from the need to modify the approved special exception or (1) Floorplan layout changes to thei interior of approved residential models or to non-residential buildings provided that the changes have no impact on the exterior appearance, density, or floor arear ratio. (2) Minor species substitution and minor location adjustments of landscaping. (3) Items covered under the scope of thet temporary use permit provisions of section 16-718. (4) Any other proposed change which is deemed by the development and neighborhood services (b) Amendments made through the approval process of this division 10s shall be validi for thel life ofi the underlying original special exception or sitea and development plan approval. Amendments made byf filingf fora a newr review site and development plans using these procedures: department director or their designee to be exempt. shall have the duration of a new approval. Sec-16-215-Fees. Application-fees-shal-beas-esiabishedbythedHy.souneHaNE-sAal-sepadattne-timeolaPPHcatn-Ne evew-orpreesingistebecemdvaeduniMeRaaYeEavebenpals. Secs. 16-2156--16-220. Reserved. Amending Related Code Sections. With ther renaming of thel Planning and Zoning Board of Appeals tot the Planning and2 Zoning Board through this ordinance, the City Code must! be revised in numerous: sections to reflect this change. All references toi the "Planning and Zoning Board of Appeals" shall be amended to "Planning and Zoning Board." Additionally, all references to "PZBA" shall be updated to "PZB" to ensure consistency throughout the Code. Amending Related Code Sections. To ensure consistency with the approved naming convention and to standardize terminology throughout the City Code, all references to' "Site and Development Plan" shall be updated to' "Site and Development Plans." Page 35 of 35 ZTA-25-01 (Ordinance 2025-03) Date: February 13, 2025 Revised: February 7, 2025 DEVELOPMENT & NEIGHBORHOOD SERVICES STAFF REPORT AND RECOMMENDATION Project Description: City-initiated Zoning Text Amendment (ZTA) pertaining to modifications of Chapter 16 regulations to establish Prescribed Pediatric Extended Care (PPEC) as a permitted use, provide standards and criteria for the same, and revise and reorganize the Zoning Code with respect to Therapeutic Adult Day Care Centers. Project Manager: Millie Rivera, Planner II. Proposed Zoning Code Amendments: Overview of Proposed Code. Amendments: For Chapter 16 Article I, In General Definitions (Section 16-1) Added definition for Prescribed Pediatric Extended Care (PPEC) Center which shall mean a center, whether operated for profit or not, that provides basic nonresidential services to three (3) or more medically or technologically dependent Medicaid eligible children from birth through age 20 with medically complex conditions to receive licensed medical care, such as nursing services, personal care, developmental therapies, and caregiver training, pursuant to $400.901, Florida Statutes, as amended, in a non- For organizational clarity, relocated the Therapeutic Adult Day Care Center operational criteria from Article I, Definitions to Article III, District residential setting, up to ai maximum of 12 hours per day. Regulations. Article III, District Regulations Commercial General - Permitted Principal Uses (Section 16-472) Revised and reorganized Therapeutic Adult Day Care Center standards and operational criteria in addition to existing criteria. Added PPEC as aj permitted use, use standards, and criteria for such to ensure comprehensive protection and safety ofall patrons and address any potential pedestrian and vehicular site conflicts. ZTA-25-01 (Ordinance 2025-03) Page 1 of4 Chapter 161 Prescribed. Pediatric Extended Care and Therapeutic Adult Day Care Center Commercial Intensive - Permitted Principal Uses (Section 16-497) Revised and reorganized Therapeutic Adult Day Care Center standards and operational criteria in addition to existing criteria. Added PPEC as aj permitted use, use standards, and criteria for such to ensure comprehensive protection and safety of all patrons and address any potential pedestrian and vehicular site conflicts. Article IV,Supplementary District Regulations Requirements for Specific Uses (Section 16-764) Added PPEC under the Sale or Dispensing of Controlled Substances and further establishes criteria, same as that of Therapeutic Adult Day Care Center, for the on-site dispensing of controlled substances. II. Staff Analysis: Background: This Zoning Text Amendment is at the request of the City's Development and Neighborhood Services Department to modify regulations in Chapter 161 to define Prescribed Pediatric Extended Care (PPEC), add such as a permitted use, and establish standards and criteria under Article III, District Regulations. The change also revises and reorganizes the criteria of Therapeutic Adult Day Care Center: from ArticleI, Definitions to Article III, District Regulations. PPEC's are distinct from a medical office or a childcare center/preschool facilities, because they specifically serve medically or technologically dependent Medicaid eligible children from birth through age 20, providing specialized care for their respective needs. Duei to the uniqueness ofthe use, thej primary objective of these changes is to provide clear standards for provider and center licensing requirements in accordance with the requirements of Florida Agency for Health Care Administration (AHCA), on-site dispensing of controlled substances, and criteria for site circulation. Relating to' Therapeutic Adult Day Care Center, the proposed amendments aret to revise and reorganize the Zoning Code with respect to Therapeutic Adult Day Care Centers. These updates support the Comprehensive Plan's goal to improve the quality of life for all residents and patrons while maintaining public safety and the aesthetic quality oft the City. Development Review Committee Staff Comments: The petition was reviewed by the Development Review Committee on February 5, 2025, and recommended for approval. Planning, GIS, and Engineering Division: Recommended for approval Building Division: Fire Rescue Department: PBSO District 16: Public Works Department: Recommended for approval Recommended for approval Recommended for approval Recommended for approval Community and Recreation Services Dept: Recommended for approval ZTA-25-01 (Ordinance 2025-03) Page 2 of4 Chapter 16 Prescribed! Pediatric Extended Care and Therapeutic Adull Day Care Center IV. Zoning Text Amendment Criteria: A. The need and justification for these changes: The need for these zoning changes arises from the growing demand for medical facilities that cater to the specific healthcare needs of children, particularly those under the age of 20. By adding Prescribed Pediatric Extended Care (PPEC) as a permitted use and establishing clear standards in the Zoning Code, the City of Greenacres can ensure that residents, including eligible children in a daycare type setting, have access to specialized medical care in a structured, safe environment. This amendment will not only allow for the development oft these facilities but will also establish development standards and introduces regulations that are essential elements such as site circulation and the dispensing of controlled substances to ensure the safety and quality of care provided. Furthermore, moving the Therapeutic Adult Day Care Center criteria from Article Ito Article III improves the organization the Zoning Code, ensuring a well-structured approach to regulating healthcare facilities in the City. This change is a response to the community'sneed for such healthcare services, ensuring the proper framework for both medical care and operational standards. B. The relationship of the proposed amendments to the purpose and objectives of the City's Comprehensive Plan, and whether the proposed change will further the purposes of the City! 's Zoning Code regulations and other City codes, regulations Thej proposed amendments directly align with the goals, objectives, and policies of the City's Comprehensive Plan, particularly its goal ofimproving the quality oflife for all. By expanding access to essential healthcare services, this directly supports the health and wellness objectives of the Comprehensive Plan, specifically concerning vulnerable populations ini need of extended medical care. Additionally, the amendments further the City's broader goals ofaccessibility, healthcare equity, and safety by providing detailed standards and criteria that align with the city's overall vision for a thriving, healthy community. By addressing specific zoning regulations for both Prescribed Pediatric Extended Care (PPEC) and Therapeutic Adult Day Care Center, the change supports the development of health-related infrastructure that is safe, efficient, and aligned with the city's long-term planning efforts, thus strengthening the city's zoning code and ensuring it serves the needs and actions designed to implement the Comprehensive. Plan. ofits residents. V. Staff Recommendation: Approval ofZTA-25-01 through the adoption of Ordinance 2025-03. ZTA-25-01 (Ordinance 2025-03) Page 3 of4 Chapter 161 Prescribed Pediatric Extended Care and Therapeutic Adult Day Care Center PLANNING & ZONING BOARD OF APPEALS CITY COUNCIL ACTION First Reading CITY COUNCIL ACTION Adoption Hearing Attachments: 1. Ordinance 2025-03 ZIA-25-01 (Ordinance. 2025-03) Page 4 of4 Chapter 161 Prescribed: Pediatric Extended Care and Therapeutic Adult Day Care Center PART II- GREENACRES CODE Chapter 16- ZONING REGULATIONS ARTICLEI I. IN GENERAL PARTI II GREENACRES CODE Chapter 16 ZONING REGULATIONS ARTICLEI. IN GENERAL Sec. 16-1. Definitions. [The definitions for Building through Premises storage unit have been omitted for brevity.] Prescribed Pediatric Extended Care (PPEC) Center shall mean a center, whether operated for profit or not, that provides basic nonresidential services to three (3) or more medically or technologically dependent Medicaid eligible children from birth through age 20 with medically complex conditions to receive licensed medical care, suchas nursing services, personal care, developmental therapies, and caregiver training, pursuant to $400.901, Florida [The definitions for Principal building through Theater recycling collection have been omitted for brevity.] Therapeutic adult dayo care centers shallr mean ane establishment: fort the care andi therapeutic treatment ofa adults who need a protective setting during the day. Services may include social activities, self-care training, nutritional meals, a place to rest, and respite care. This definition does not include medical or dental office. Suchan Statutes, as amended, in a non-residential: setting, up to ar maximum of 12 hours pero day. MBHARERSNmeENEPMPMENeN ARegstereueGFPAPGBRGAS eencuty (2) ACHca-stal-tFaiRed-P-EAa-seon-cuty (3) RereAaBedaHyAEPeHRePaPeeeiweses#eraHpatients. (4) A-patentsSA3-aHA3veaR-ndM.daHzed-arepian -Aregarphypstioéntstendiien: (6) AGHFeR6,VaHG-icenselremtmeageney1grhaaHhcaresemAstateReeFSweceseragen6y-a5aA-3d48 dayearecenter"shal-be-ebtained. #-RedepeeEPP (8) ReresAalBemeeveraAEHIAGNRSNedatond-patetta epingquarterst [The definitions for Tire store through Zoning map have been omitted for brevity.] Page 1of5 Deletions arer marked with as strikethreugh, and additions are marked with any underline. ARTICLE III. DISTRICT REGULATIONS DIVISION 10. COMMERCIAL GENERAL (CG) [Section 16-471 has been omitted for brevity.] Sec. 16-472. Permitted principal uses. The permitted principal uses and structures int the commercial general (CG) district shall be: (23) Therapeutic adult day care center,swbjectte.theragHreeRselH9R16-764. Use standards. Thet following requirements shall applyt to the use: [Section 16-497/1) through. 16-497/22) have been omitted for brevity.] Ar registered nurse or physician shall be on dutys supervising medical carei in accordance with the minimum Florida Agency for Health Care Administration (AHCA) operating requirements. 2. Ac clinical staff trained in therapys shall be on duty. 3. There shall be daily structured therapeutic activities for all patients. 4. All patients shall have ani individualized care plan. 5. Ar regular physician shall have on! hand a report detailing the patient's condition. A current. valid license from AHCA or successor agencyas an ladult day care center" shall be maintained and, operations kept in compliance with their requirements. 7. Hours of operation shall be limited to 8:00 a.m.t to 6:00p.m. 8. There shall be no overnight sleeping quarters and no overnight stays. 9. Maximum occupancy shall be limited to the maximum occupant load as established byt the applicable Florida codes, including the Florida Fire Prevention Code, Life Safety Plan requirements, and the Florida Building Code. 10. Subject to the requirements of section 16-764. Site circulation. The following requirements shall apply to site circulation: 1. Tor minimize traffic conflicts, vehicular and pedestrian traffic shall noti intersect within the site unless devices are provided at such intersection in compliance with Code Section 12-67. 2. Pick-upand drop-off areas shall noti impede with internal site circulation or occur within 3. Parking and drive aisles shall not be utilized for vehicular stacking or as pick-up and drop-off asamended. restricted parking areas, including fire lanes. areas. (24) Prescribed Pediatric Extended Care (PPEC)Center. a. Uses standards. The following requirements shall apply to the use: 1. Ar registered nurse or physician shall be on dutys supervising medical carei in accordance with the minimum Florida Agency for Health Care Administration (AHCA) operating requirements. Page 2of5 Deletions arer marked with a strikethreugh, and additions are marked with any underline. 2. Ac clinical staff trained int therapys shall be on duty. 3. Ar regular physician shall have on hand ar report detailing the patient's condition. 4. Hours of operation shall bel limited to 7:00 a.m. to 7:00 p.m., not to exceed ar maximum of12 hours. There shall ber no overnight sleeping quarters. Ac current, valid license from AHCA or successor agency shall be obtained. Separate licenses arerequired for PPEC centers maintained on separate premises. event though theyare operated under the same management pursuant to 6400.905, Florida Statutes, as amended. 7. Maximum occupancy: shall be limited to the maximum occupant load as established byt the applicable Florida codes, includingt the Florida Fire Prevention Code, Life Safety Plan requirements, and the Florida Building Code. 8. Subject to the requirements of section 16-764. b. Site circulation. The following requirements shall apply to site circulation: To minimize traffic conflicts, vehicular and pedestrian traffic shall not intersect within the site unless devices are provided at suchi intersection in compliance with Code Section 12-67, Pick-up and drop-off areas shall noti impede with internal site circulation or occur within 3. Parking and drive aisles shall not be utilized for vehicular stacking or as pick-up and drop-off asamended. restricted parking areas, including fire lanes. areas. [Section 16-473 through 16-496 have been omitted for brevity.] DIVISION 11. COMMERCIAL INTENSIVE (CI) Sec. 16-497. Permitted principal uses. The permitted principal uses and structures int the commercial intensive (CI) district shall be: (30) Therapeutic adult day care center,sebjeete-the'hereg.emeRiseN-16-764. a. Use standards. The following requirements shall applyt to the use: (Sec. 16-497(1) through 16-497(22) have been omitted for brevity.) AI registered nurse or physician shall be on dutysupervising mdglarnasoranetn the minimum Florida Agency for Health Care Administration (AHCA) operating requirements. 2. A clinical staff trained in therapy shall be on duty. 3. There shall be dailystructured therapeutic activities for all patients. 4. All patients shall have ani individualized care plan. Ar regular physician shall have on hand ar report detailing the patient's condition. Page 3of5 Deletions arer marked with as strikethreugh, and additions are marked with any underline. 5. Ac current, valid license from AHCA or successor agencya as an' "adult day care center" shall be maintained and. operations kept in compliance with their requirements. 7. Hours of operation shall be limited to 8:00 a.m. to 6:00p.m. 8. There shall be no overnight sleeping quarters and no overnight stays. 9. Maximum occupancyshall be limited to the maximum occupant load as established bythe applicable Florida codes, including the Florida Fire Prevention Code, Life Safety Plan requirements. and the Florida Building Code. 10. Subject to the requirements of section 16-764. Site circulation. Thei following requirements: shall apply to site circulation: Tor minimize traffic conflicts, vehicular and pedestrian traffic shall not intersect within the site unless devices are provided at suchi intersection in compliance with Code Section 12-67, Pick-up and drop-off areas shall noti impede with internal site circulation or occur within 3. Parking and drive aisles shall not be utilized for vehicular stacking or as pick-up and drop-off asa amended. restricted parking areas, including fire lanes. areas. (24) Prescribed Pediatric Extended Care (PPEC) Center. a. Use standards. The following requirements shall apply to the use: 1. Ar registered nurse or physician shall be on dutysupervising medical carei in accordance with the minimum Florida Agency for Health Care Administration (AHCA) operating requirements. 3. Aregular physician shall have on hand ar report detailing the patient's condition. 4. Hours of operation shall bel limited to 7:00a.m. to 7:00p.m., not to exceed a maximum of12 2. Ac clinical staff trained in therapy shall be on duty. hours. 5. There shall be no overnight sleeping quarters. Acurrent. valid license from AHCA or successor agencyshalll be obtained. Separate licenses arerequired for PPEC centers maintained on separate premises, even though theyare operated under the same management pursuant to S 400.905, Florida Statutes, as amended. 7. Maximum occupancy: shall be limited to the maximum occupant load as established by the applicable Florida codes, including the Florida Fire Prevention Code, Life Safety Plan requirements. and the Florida Building Code. 5. Subject to the requirements of section 16-764. b. Site circulation. The following requirements shall applyt to site circulation: 1. Tor minimize traffic conflicts, vehicular and pedestrian traffic shall noti intersect within the site unless devices are provided at suchi intersection in compliance with Code Section 12-67, Pick-up and drop-off areas shall noti impede with internal site circulation or occur within asamended. restricted parking areas. including fire lanes. Page 40 of5 Deletions arer marked with as strikethreugh, and additions are marked with any underline. 3. Parking and drive aisles shall not be utilized for vehicular stacking or as pick-upand drop-off areas. Section 16-498 through 16-524 have been omitted for brevity.] ARTICLE IV.. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 11. SALE OR DISPENSING OF CONTROLLED SUBSTANCES [Section 16-763 has been omitted for brevity.] Sec. 16-764. Requirements for specific uses. [Section. 16-764(1) through 16-764(3) have been omitted for brevity.] (5) Prescribed Pediatric Extended Care (PPEC) Center. On-site dispensing of controlled substances that are identified in Schedule I, III, or IVi in $893.03, and as further amended by 558 893.035, 893.0355, or 893.0356, Florida Statutes, shall be limited tot that administered directlytoapatient in an amount adequate to treat the patient during that particular treatment session. [Section. 16-765 through 16-767 have been omitted for brevity.] Page! 50 of5 Deletions arer marked with as strikethreugh, and additions are marked with any underline. CITY OF GREENACRES PLANNING DEPARTMENT POLICY AND PROCEDURES POLICY# ISSUED: EFFECTIVE: 4/21/03 PDO-002W 4/21/03 SUBJECT: Planning Commission and Local Planning Agency Chairman and' Vice-Chairman elections CROSS REFERENCE: Chapter 16, Article II, Division 3, Section 16-83 (a) and (b) Chapter 16, Article II, Division 5, Section 16-133 Robert's Rules of Order, pages 352, 362 and 368-373 PURPOSE: POLICY: To clarify procedures for the election of Chairman and Vice-Chairman Ina accord with the requirements of Section 16-83(a), an election for the positions of Chairman and' Vice-Chairman of the Planning Commission, also functioning as the Local Planning Agency per Section 16-133, shall be held once per year. The following procedures have been reviewed with the City Attorney and shall be used. Alternate procedures in compliance with Robert's Rules of Order may be adopted 1. The election shall take place at a public meeting in January each year. 2. The Election of Officers" item shall be placed att the end oft thel Planning Commission agenda immediately following any public hearing items. 3. The Chairman shall declare "Nomination of a regular member, or regular members, are nowi in orderi for the office of Chairman." 4. No second is required for ar nomination. After each nomination, the Chair shall aski ift there are any additional nominations. 5. When there are no more nominations, the Chairman shall close nominations. 6. Blank paper shall be distributed to each member by thel Recording Secretary. The Recording Secretary shall then read the names oft those nominated. 7. Each member shall indicate on the paper ballot their vote for the office of Chairman. The ballots shall be collected by the Recording Secretary, counted, 9. Int the event that there is only one nominationi for the office, the Chairman may 10. The election of the Vice-Chairman shall be conducted immediately thereafter 11. Those elected shall take office immediately after completion of the elections. Planning Department staff shall ensure that these requirements are met on an by the Planning Commission/Local Planning Agency: andi the results written down. 8. The Chairman shall announce the results oft thel balloting. declare the candidate elected by acclamation". by the same procedure. PROCEDURE: annual basis. REVISED: January 21,2004 Policy &1 Procedure Manual Thomas J. Lanahan Planning Director Page lofl PDO-002W