Planning and Zoning Board Meeting

Town of Lake Park, Florida Planning and Zoning Board Meeting Minutes Monday, January 05, 2026 at 6:30 PM 535 Park Avenue Lake Park, Florida Richard Ahrens — Chair Jon Buechele — Vice Chair Evelyn Harris Clark — Regular Member Karen Lau — Regular Member Patricia Leduc — Regular Member PLEASE TAKE NOTICE AND BE ADVISED, that if any interested person desires to appeal any decision of the Planning & Zoning Board, with respect to any matter considered at this meeting, such interested person will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Persons with disabilities requiring accommodations in order to participate in the meeting should contact the Town Clerk’s office by calling 881-3311 at least 48 hours in advance to request accommodations. CALL TO ORDER 6:31 P.M ROLL CALL PRESENT Chair Richard Ahrens Vice Chair Jon Buechele Board Member Evelyn Harris Clark Board Member Karen Lau Board Member Patricia Leduc PLEDGE OF ALLEGIANCE Chair Richard Ahrens SELECTION OF CHAIR AND VICE-CHAIR 1. Selection of a Chair and Vice-Chair - Annually, each board shall elect a chair and vice-chair who shall preside at all meetings. The Vice Chair has chosen Richard Arhen to continue serving as Chair. All other board members have consented. Board Member Patricia Leduc has nominated Planning and Zoning Board Meeting January 05, 2026 Page 1  Jon Buechele to retain the position of Vice Chair. All members have concurred. The Town Attorney has announced that, by acclamation, the Chair and Vice Chairs are permitted to resume their roles. APPROVAL OF AGENDA: Motion to approve agenda made by Vice Chair Buechele, Seconded by Board Member Leduc. Voting Yea: All. APPROVAL OF MINUTES: 2. June 13, 2024 Special Call Planning & Zoning Board Meeting Minutes. Motion to approve minutes made by Board Member Leduc, Seconded by Board Member Harris- Clark. Voting Yea: All. 3. September 22, 2025 Special Call Joint Planning & Zoning Board Meeting with the Village of North Palm Beach Minutes. Motion to approve minutes made by Board Member Leduc, Seconded by Board Member Lau. Voting Yea: All. PUBLIC COMMENTS ON AGENDA ITEMS: Any person wishing to speak on an agenda item is asked to complete a Public Comment Card located on either side of the Commission Chambers, and provide it to the Recording Secretary. Cards must be submitted before the agenda item is discussed. None ORDER OF BUSINESS: The normal order of business for Hearings on agenda items as follows: -Staff Presentation -Applicant Presentation (when applicable) -Board Member questions of Staff and Applicant -Public Comments -3 minute limit per speaker -Rebuttal or closing arguments for quasi-judicial items -Motion on the floor -Vote of Board NEW BUSINESS: 1. PZ 26-01: 1402 10th Court (Bent Tree Studio) Special Exception Town Planner Anders Viane presented to the Board (Exhibit A). Brent Tree Studio, Owner Andrew Johnson presented to the Board (Exhibit B). Board Member Leduc asked who would actually access or utilize the bike racks. Mr. Johnson responded that he was uncertain, as it was included in the code requirements. Vice-Chair Buechele inquired whether the building would be painted upon approval. Mr. Johnson affirmed that it would. Additionally, Vice-Chair Buechele asked if there would be a showroom accessible to the public. Mr. Johnson indicated that it will be accessible to the public; however, there will be no showroom or cabinets available for viewing. Board Member Harris-Clark inquired about who Mr. Johnson believes would be the primary users of the parking space, as well as the access point for the delivery driver. Mr. Johnson responded that employees would occupy some of the parking spots, and the delivery driver would need to park and make deliveries from the rear of the building. Board Member Lau inquired about the size of the dumpster that would be placed on the property and whether all fire safety requirements have been fulfilled. Mr. Johnson confirmed that the fire safety requirements have indeed been met and stated that the dumpsters would be of a standard size (8x4) situated at the rear of the property, which would be sufficient for the volume of work they handle. She also asked how they plan to manage the sawdust generated from wood chopping. Mr. Johnson responded that they possess equipment that dematerializes the sawdust into a bag that collects the dust. There were no public comments on this item. Motion to approve the site plan amendment and special exception application made by Board Member Leduc, Seconded by Board Member Lau. Voting Yea: All. 5. PZ 26-02: Proposed amendments to section 78-6 of the Town’s zoning code entitled “Applications and Regulations for Reasonable Accommodation for Residents of Recovery Residences”, to include certain provisions required by the recently enacted Senate Bill 954 and additional modifications. Town Planner Karen Golonka gave a verbal presentation to the Board of the item see (Exhibit C). Board Member Harris-Clerk inquired whether the staff has looked at other municipalities for language, given that the goal is to strengthen the ordinance regarding Planning and Zoning Board Meeting January 05, 2026 Page 3  Sober Living Homes. She also mentioned that she was uncertain about how Tallahassee’s new regulations are being implemented in other municipalities and whether they are being adhered to. Town Planner Karen Golonka responded and stated that she did look at other Municipalities and some are following legislation word for word. She also stated the State requires that some of the language to be verbatim. Board Member Harris-Clark inquired whether the staff or Magistrate fails to provide a response within a 30-day timeframe would the applicant automatically approved, or if there’s any flexibility to change that so it would favor the Municipality more than the Sober Living Home. Town planner Karen Golonka confirmed that based on this Florida Statue that is correct. Town Attorney Tom Baird also responded no, Tallahassee did not write this legislation. State Attorney Substance Abuse Task force, was responsible for the language and provided to the legislator who sponsor bills to prevent Municipality to deprived individual with disability( who are protected by the Federal and State law) reasonable exception. Board Member Lau asked how many recovery residences Lake Park currently have. Town Planner Karen Golonka responded that there is just one at the moment. Board Member Lau asked if it would be a good idea for the Town to handle the recertification. Town Attorney Tom Baird also responded, that Federal Acquisition Regulations (Far), handles the recertification for Sober Living Homes, which they must pass annual inspection to get recertified. Board Member Harris- Clark asked what the Town’s procedures are if a resident would have a complaint regarding a Sober Living Home. Town Planner Karen Golonka responded that they would need to contact Community Development (Code Compliance) to file a complaint and we would investigate further. Motion to approve the site plan amendment and special exception application made by Board Member Leduc, Seconded by Vice Chair Buechele. Voting Yea: All. PLANNING & ZONING BOARD MEMBER COMMENTS: Board member Leduc commented that Mr. Johnson has the ability to use the parking on the Northern side (10 Ct) of building due to less traffic travel. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND PROJECT UPDATES: Chair Richard Ahrens inquired about the status of the property situated at the intersection of Park Ave and 10th (North East). Community Development Director Nadia DiTommaso responded that there are currently no applications under review. She also provided an update on the following:  EXHIBIT A . TOWN LAKE OF PARK PLANNING & ZONING BOARD STAFF REPORT MEETING DATE: January 5 2026 PZ-26-01 APPLICATION: 1402 10th Ct Special Exception SUMMARY OF APPLICANT’S REQUEST: Andrew M Johnson (“Agent” and “Applicant”) on behalf of Dennis Catanzaro (“Property Owner”) is requesting special exception approval for a 4,800 square foot millwork and woodwork use. The proposed development is consistent with the Town of Lake Park’s adopted regulations for the C-4 District. The Subject Property is located at the intersection of 10th Court and Northern Drive in the Town of Lake Park. It is comprised of the following parcel, which totals .35 acres: Parcel 1 – PCN: 36-43-42-20-04-132-0120 BACKGROUND: Owner: Dennis and Diane Catanzaro Applicant: Andrew M Johnson (Bent Tree Studio) Location: Parcel 1 – PCN: 36-43-42-20-04-132-0120 Net Acreage (total): .35 acres Legal Description: See survey enclosed in packet. Existing Zoning: C-4 Business District Future Land Use: Mixed Commercial and Light Industrial Figure 1: Aerial View of Site (image not to scale; for visual purposes only) Subject Site N 2  LAKE PARK ZONING MAP Subject Site Adjacent Zoning: North: C-4 Business District South: C-2 Business District East: C-2 Business District West: C-4 Business District 3  LAKE PARK FUTURE LAND USE MAP Subject Site Adjacent Existing Land Use: North: Mixed Commercial and Light Industrial South: Commercial East: Commercial West: Mixed Commercial and Light Industrial 4  PART I: SPECIAL EXCEPTION APPLICATION The 1400 10th Court special exception application has been reviewed by the Palm Beach County Fire Rescue, the Town’s building official, Lake Park Public Works Staff, and the Lake Park Community Development Department. Based on these reviews, the project substantially complies with our Land Development Regulations and Comprehensive Plan. **This project has been noticed by certified mail to property owners within 300 feet 12/9/25 and advertised in the Palm Beach Post 12/15/25 ** SITE PLAN PROJECT DETAILS Comprehensive Plan: The proposal is consistent with the goals, objectives and policies of the Town’s Comprehensive Plan, including: Î 3.4.2 Objectives and Policies, Policy 1.5: The Town shall encourage development and redevelopment activities which will substantially increase the tax base while minimizing negative impacts on natural and historic resources, existing neighborhoods and development and adopted Levels of Service (LOS) standards. Î Future Land Use (FLU) Classification System 3.4.3: Lands and structures devoted to light industrial uses with pollutants controlled on site, warehouses, commercial, wholesale establishments, and limited small scale commercial uses that are supportive of workers in the area such as convenience stores and restaurants and that can be carried on unobtrusively, with a maximum F.A.R. of 2.0. Specific uses are delineated in the Town of Lake Park Zoning Code. Î Future Land Use Element, Policy 5.2: The Town shall foster the redevelopment of declining neighborhoods, underutilized parcels, and areas that demonstrate substandard and/or slum and blight conditions. Zoning: The proposed project is generally consistent with the requirements of the C-4 Business District, including the special exception use of millwork/woodwork, parking, and proposed paint color scheme. Of note, the applicant has requested a waiver for parking under the Town’s flexible land development waivers under Section 78-325. These waivers allow for a reduction of up to 20% of required parking and may be granted administratively upon a finding that the applicant has satisfied the waiver criteria. In this case, the waiver criteria requirements are as follows: 5  (1) A parking needs analysis for the proposed use demonstrates that less parking spaces than are required by Article V will meet the parking demand for the existing or proposed use. The parking needs analysis shall be prepared by a Florida registered engineer or architect, certified planner, or other professional who has the demonstrated qualifications to do such analysis. (2) The proposed use is an adaptive re-use within an existing structure and there is insufficient space on site to accommodate all of the required parking provided that a parking needs analysis pursuant to subsection (1) above is submitted. (3) An addition to an existing structure is proposed and new parking will be provided on site to accommodate the additional square footage without reducing the amount of parking serving the existing structure or site prior to the proposed addition. Criteria 1 was satisfied by the provision of a Kimley Horn parking study using ITE methodology to determine a 20% reduction is warranted for the Specialty Trade Contractor category, which calls for 1.76 spaces per 1,000 SF, thus requiring only 8 spaces; the applicant is providing 15 rather than the required 19 and therefore exceeds the ITE recommendation. Criteria 2 is satisfied because this project is a re-use of an existing structure and there are preexisting site limitations. Criteria 3 is satisfied because the project will increase the overall number of spaces on site above the existing amount. Therefore, staff finds in favor of granting this administrative waiver to reduce the required parking from 19 spaces to 15. As it pertains to the special exception request, these are evaluated using the criteria of 78-184 (b). The evaluation criteria are identified below along with the applicant’s responses. (1) The proposed special exception use is consistent with the goals, objectives, and policies of the town's comprehensive plan. Applicant Response: Bent Tree Studio prides itself on providing handmade, locally crafted custom furniture and cabinetry. Our goal is in line with the Town’s goal by ensuring we provide the highest services to our community at large, but on a small personalized scale. The custom woodworking, and light cabinet manufacturing, aligns directly with the Town’s current purpose and intent for the C-4 Business district in which we believe will create a vibrant community. Staff Evaluation: We are generally in agreement. Relevant comprehensive plan objectives achieved through this redevelopment are as follows: 6  x 3.4 Goal, Objectives and Policies, Town Goal Statement 3.4.1 (3) - The Town shall maintain and seek opportunities to improve its ability to provide… commercial, industrial and mixed-use development opportunities that will further the achievement of economic development goals. x 3.4 Goal, Objectives and Policies, 3.4.2. Objectives and Policies, Objective 1, Policy 1.1 j. – encourage redevelopment, renewal or renovation, that maintains or improves existing neighborhoods and commercial areas; x 3.4 Goal, Objectives and Policies, 3.4.2. Objectives and Policies, Objective 5 – The Town shall promote redevelopment and infill development in a manner that is consistent to existing neighborhoods and uses, the built and natural environments and adjacent jurisdictions. (2) The proposed special exception is consistent with the land development and zoning regulations and all other portions of this Code. Applicant Response: Bent Tree Studio is designed to be a place where customers can see their custom furniture being crafted by simply walking in the door. The current zoning aligns with our mission to allow customers to be a part of the design and build process. The studio using traditional woodworking tools to craft custom products, with focus on details and quality. All items are custom made to order. Staff Evaluation: We are in agreement. The use of millwork and woodwork is consistent with the C-4 zoning code; additionally, the applicant has increased overall conformity at the site by proposing additional parking and a new dedicated loading space; their outdoor storage yard to the rear of the building will be screened with mesh fencing and they’re additionally proposing to beautify the building with a repaint, consistent with the general architectural painting code. (3) The proposed special exception use is compatible with the character and use (existing and future) of the surrounding properties in its function; hours of operation; type and amount of traffic to be generated; building location, mass, height and setback; and other relevant factors peculiar to the proposed special exception use and the surrounding property. Applicant Response: We are currently surrounded by an array of different small scale custom service and trade shops. We are all like-minded in our effort to provide quality work for the community. One shop adjacent to our location provides custom marine upholstery, 7 another provides automotive repairs, a garden store, lawn mower repair, and lastly, across the street, is a local Jamaican restaurant, Silver Spoon. Our current location backs up to the railroad tracks. Our hours of operation fall in line with the local shops and our doors are open for business from 8:00 am to 5:00pm. Staff Evaluation: We are in agreement. The C-4 district is the Town’s second most intense commercial district; along 10th Court, these businesses have historically been zoned C-4 and a number of light industrial uses remain there today. Bent Tree Studio is consistent with these other users as a low traffic-generating craftsman’s workshop. Bent Tree Studio’s schedule will generally follow this format: 7:45AM open, 9:30AM to 11AM sawing and cutting, edge banding from 11AM to noon, lunch from noon to 1PM, assembly 1PM to 2:30PM, 3PM to 3:30PM shop cleaning and QA checks until 4:30PM closing. No changes to height, massing or setbacks are proposed to the 1400 10th Ct structure, although some internal reconfigurations will be required. The applicant will apply for building permits to upgrade fire facilities consistent with PBC Fire recommendations following special exception approval. (4) The establishment of the proposed special exception use in the identified location does not create a concentration or proliferation of the same or similar type of special exception use, which may be deemed detrimental to the development or redevelopment of the area in which the special exception use is proposed to be developed. Applicant Response: As noted above, we are currently the only business offering locally crafted custom furniture and cabinetry on 10th Court. There are a few other cabinet shops located within a mile radius, west of the railroad tracks. Staff Evaluation: We are in agreement. No over-concentration of use. (5) The proposed special exception use does not have a detrimental impact on surrounding properties based on: a. The number of persons anticipated to be using, residing, or working on the property as a result of the special exception use; b. The degree of noise, odor, visual, or other potential nuisance factors generated by the special exception use; and c. The effect on the amount and flow of traffic within the vicinity of the proposed special exception use. Applicant Response: (a) Bent Tree Studio currently has 4-5 employees on average on site. (b) Our noise is consistent with the surrounding area of various repair shops, using light machinery and tools to complete jobs. 8 (c) There will not be a disruption of traffic based on our 4-5 employees on site. Delivery of materials are received in the rear of the building behind a covered fenced. Staff Evaluation: We are in agreement. As previously noted, the applicant’s parking demand study indicated an insignificant parking demand and low trip generation. The applicant’s sawing operation will be enclosed within the building to mitigate noise impacts; additionally, the applicant will use dust collectors installed at key locations within the building to sequester dust created by their work, as indicated on the site plan. (6) That the proposed special exception use: a. Does not significantly reduce light and air to adjacent properties. b. Does not adversely affect property values in adjacent areas. c. Would not be a deterrent to the improvement, development or redevelopment of surrounding properties in accord with existing regulations. d. Does not negatively impact adjacent natural systems or public facilities, including parks and open spaces. e. Provides pedestrian amenities, including, but not limited to, benches, trash receptacles, and/or bicycle parking. Applicant Response: Bent Tree Studio intends to operate out of 1400 10th Court. The building has been around since roughly 1963. Over the years various businesses have used this space. Bent Tree Studio will not impact or change the light, air, or property values to the current surrounding businesses. In fact, we believe, bringing in a small-scale furniture and cabinet shop can only help contribute to the growing vibrant area. Bent Tree Studio has proposed new landscape planters (4) and a pedestrian bike rack on the south side of the building, along with exterior painting. Staff Evaluation: We find no evidence to suggest Bent Tree Studio’s operation will adversely impact light, air flow, property values, redevelopment, natural resources or public facilities. Furthermore, the applicant has provided a bike rack and pedestrian amenity improvements in accordance with criteria e. and we consider this condition satisfied. PART II: STAFF RECOMMENDATION Staff recommends APPROVAL of the Special Exception for 1400 10th Ct. 9  EXHIBIT B BENT TREE STUDIO  10th Court Concrete Sidewalk 5’ REMARKS REVISIONS Water Main Asphalt Site Data Calculations ... ... ... ... ... Asphalt Description Square Feet Percentage MM/DD/YY 07/18/2025 09/25/2025 10/15/2025 _ _ /_ _ /_ _ _ _ /_ _ /_ _ Bay 1402 1800.00 1 2 3 4 5 Bay 1400 3000.00 36 ‘ -6’’ 19’ - 4’’ Total 4800.00 Electrical Panel Parking Spots 9 Acreage 0.35 Bay - 1402 Bay 1400 Electrical Panel Metal Mezzanine 48'-8" Bent Tree Studio Fire Wall 1400 10th Court 51'-1/4" Lake Park, FL 33403 No Dri rthern ve Covered Awing Site Plan Existing Concrete Block Wall Concrete Driveway Metal Fence Interior and Exterior North Existing Layout A A  10th Court Site Data Calculations Elevation 1 Description Square Feet Water Main Total 4800.00 Bay 1402 1,800.00 REMARKS Bay 1400 3,000.00 9’ Office Space 512.00 REVISIONS 12’ 5’’ 2,488.00 18'-10 5/8" 18'-10 5/8" Manufacturing Space Bathroom (2) per Unit Planter Parking Spots 15 (6e) Bicycle Spots 5 4'-6 1/2" Lot Size / Acreage. 0.35 ... ... ... ... ... 110'-0" Concrete Side Walk MM/DD/YY 07/18/2025 09/25/2025 10/15/2025 _ _ /_ _ /_ _ _ _ /_ _ /_ _ 1 2 3 4 5 19’ -4’’ Bay 1402 Office Bay 1400 Metal Mezzanine 50'-0" 48'-8" Bent Tree Studio Key List Bicycle Rack - (For 5 Bikes) 8" Fire New Door 7 1/ 1400 10th Court Dust Collection Table Saw Fire Wall 48'- Lake Park, FL 33403 51'-1/4" Work Bench Elevation 2 Tool Storage 36’- 6’’ Material Rack 15’ ve 0’’ Dri 9 ' 2'-10 1/8" Outdoor Stroage ern SITE PLAN NOTES rth Proposed Work No 1. Parking Spots (6) Rear Of Building Elevation 3 2. New Dumpster Location Rear of Building Dumpster 3. Separate Office with Fire Door 4. Loading Zone Rear of Building Site Plan Covered Awning Maneuving apron Loading Space 15'-0" Parking Space 35'-0" Interior and Exterior Concrete Driveway 18' -10 5/8 North " Metal Frence 90° 60 Proposed Layout 10' -0" A 01  Site Data Calculations Description Square Feet Percentage Stucco 1,635.00 78.4 % SITE PLAN NOTES Garage Door (2) 157.00 7.5% Proposed Work REMARKS REVISIONS 21.50 1. Exterior Paint Primary Color Light Gray Entry Door 1402 1.03% 2. Ornamental Trim Dary Gray Entry Door 1400 51.20 2.45 % 3. Decal / Signage Entry Door Metal Shuttlers (3) 159.30 7.63% Metal Gutter 62.00 2.97% Elevation 1 2,086.00 ... ... ... ... ... MM/DD/YY 07/18/2025 09/25/2025 10/15/2025 _ _ /_ _ /_ _ _ _ /_ _ /_ _ Ornamental Trim Dark Gray 1 2 3 4 5 10% Primary Color - Light Gray 90% Bent Tree Studio 1400 10th Court Lake Park, FL 33403 Metal Gutter 18'-8" Utility Meter 9'-2" 9'-2" 5'-9" 9'-2" 8'-1" 7'-2" Site Plan 6'-4" 9'-7" 9'-7" 2'-10 1/2" 110'-0" Interior and Exterior 10th Court Existing Garage Doors (2) E1 Elevation 1 Existing A 02  Site Data Calculations SITE PLAN NOTES Description Square Feet Percentage Proposed Work Stucco 910.35 96.00 % 1. Exterior Paint Primary Color Light Gray REMARKS Window .728% 2. Ornamental Trim Dary Gray 6.90 3. Landscape Planters (4) REVISIONS Metal Gutter 30.25 3.20% 4. Bike Rack ( 5 loop) Elevation 1 947.50 Ornamental Trim - Dark gray 10% ... ... ... ... ... Primary Color MM/DD/YY 07/18/2025 09/25/2025 10/15/2025 _ _ /_ _ /_ _ _ _ /_ _ /_ _ - Light Gray 90% 1 2 3 4 5 Bent Tree Studio 1400 10th Court 18'-8" 2'-3 7/8" Lake Park, FL 33403 45'-5 1/2" 4'-9 1/4" Site Plan Landscape Bike Rack Planters Interior and Exterior Northern Drive Elevation 2 E2 Existing A 03  Site Data Calculations Description Square Feet Percentage Stucco 1,240.50 72.16 % SITE PLAN NOTES Garage Door (4) 426.75 26.64% Proposed Work REMARKS REVISIONS 55.25 3.20% 1. Exterior Paint Primary Color Light Gray Metal Gutter 2. Ornamental Trim Dary Gray Elevation 1 1731.50 ... ... ... ... ... MM/DD/YY 07/18/2025 09/25/2025 10/15/2025 _ _ /_ _ /_ _ _ _ /_ _ /_ _ Ornamental Trim Dark Gray Primary Color - Light Gray Existing 2 3 4 5 1 - 10% - 90% -Metal Awning - White Powder Coating Bent Tree Studio 1400 10th Court 18'-8" Lake Park, FL 33403 9'-4" 9'-7" 9'-7" 10'-6" 15'-3 3/4" 92'-10 1/4" Existing Garage Doors (4) Site Plan Interior and Exterior e Elevation 3 E3 Existing A 04  REMARKS REVISIONS Planter Detials - Metal Bike Rack Deep Stream Design Uline - 5 Loop Wave Style ... ... ... ... ... #MAR -361821 Bike Rack #H-2544BL MM/DD/YY 07/18/2025 09/25/2025 10/15/2025 _ _ /_ _ /_ _ _ _ /_ _ /_ _ 1 2 3 4 5 Side Front Bent Tree Studio 1400 10th Court Lake Park, FL 33403 2’-0’’ 1'-6 1/2" 3’- 0’’ Native - Plant List - Sea Lavender Site Plan - Fakahetchee Grass Interior and Exterior e Planter Detail Pedestrain improvement 6e 6e A 05  Site Data Calculations REMARKS REVISIONS Description Square Feet Percentage Entry Door 43.250 Door Decal .200 .5% Window Signage- Front Door ... ... ... ... ... MM/DD/YY 07/18/2025 09/25/2025 10/15/2025 _ _ /_ _ /_ _ _ _ /_ _ /_ _ Advertise / Front Door Decal - Vinyl black 1 2 3 4 5 Bent Tree Studio Bent Tree Studio Bent Tree Studio 11 1/2" 1400 10th Court Custom Woodwork Custom Woodwork 561-889-8130 561-889-8130 M-F 8 -5 M-F 8 -5 1'-6" Lake Park, FL 33403 6'-8" Site Plan 3'-2" 6'-4" Interior and Exterior A 06  Wall Section Fire Door REVISIONS A Bent Tree Studio MM/DD/YY REMARKS 1400 10th Court Site Plan 1 07/18/2025 ... Lake Park, FL 33403 2 09/25/2025 ... Interior and Exterior 3 10/15/2025 ... 07 4 _ _ /_ _ /_ _ ... 5 _ _ /_ _ /_ _ ...  Boundary Survey REVISIONS A Bent Tree Studio MM/DD/YY REMARKS 1400 10th Court Site Plan 1 07/18/2025 ... Lake Park, FL 33403 2 09/25/2025 ... Interior and Exterior 3 10/15/2025 ... 08 4 _ _ /_ _ /_ _ ... 5 _ _ /_ _ /_ _ ...  EXHITBIT C TOWN OF LAKE PARK PLANNING AND ZONING BOARD Meeting Date: January 5, 2026 Agenda Item # PZ 26-02 DESCRIPTION: Proposed amendments to section 78-6 of the Town’s zoning code entitled “Applications and Regulations for Reasonable Accommodation for Residents of Recovery Residences”, to include certain provisions required by the recently enacted Senate Bill 954 and additional modifications. Background The Town has in place a process known as “reasonable accommodation” which provides a mechanism for the Town to regulate “Certified Recovery Residences”. This process is codified within section 78-6 of the Zoning Code. This section, with the proposed amendments is contained in the proposed ordinance in Attachment 1. Prior to discussing the amendments, an explanation of the process is provided here, as the Board has not previously dealt with this code section. Certified Recovery residences are defined by the Town as “a recovery residence that holds a valid certificate of compliance from a credentialing entity approved by the department of children and families, and is actively managed by a certified recovery residence administrator” A recovery residence is a residential setting that someone receiving treatment or post-treatment can live that provides a peer-supported, alcohol-free, and drug free living environment. It is not a substance abuse treatment center. Any treatment is conducted off-site. Certification of a recovery residence is voluntary by the state, however the Town requires that a residence be certified through the Florida Association of Recovery Residences, Inc. (FARR) “Reasonable accommodation” is a statutorily established method by which an individual who is disabled and/or handicapped [as those terms are defined in the Americans with Disabilities Act (ADA) and/or the Fair Housing Amendments Act (FHA), or a provider of services to the disabled], can request a modification or  alteration in the application of a specific Code provision, rule, policy, or practice. The proposed accommodation sought by the disabled individual must be reasonable and necessary to afford such person an equal opportunity to use and enjoy housing. Under the ADA, addiction is generally considered a disability because it is an impairment that affects the brain and neurological functions. Addiction to alcohol is generally considered a disability whether the use of alcohol is in the present or in the past. For people with an addiction to opioids and other drugs, the ADA only protects a person in recovery who is no longer engaging in the current illegal use of drugs. Reasonable Accomodation in Lake Park The typical request for accomodation is for modification of the Town’s definition of family which limits the number of people living together in a household but unrelated to no more than 3 unrelated individuals. Typically a recovery residence houses 2 individuals per room, thus often resulting in 6-12 non-related individuals. If the applicants demonstrate that the individuals are in recovery from a substance abuse addiction, they could be considered disabled under the ADA and FHA, and thus a request for “reasonable accommodation” could be made to allow a greater number of unrelated individuals than the code permits At this time, there is one FARR certified recovery residence in the Town, located on W. Kalmia, for addiction and mental health disorders. (As the recovery residence limited themselves to no more than three unrelated individuals they were not required to go through the reasonable accomodation process.) Town’s Current Ordinance The current version of the Town’s ordinance reflects updates in 2016 and 2018. At that time the Town needed a means to regulate the influx of “sober homes” that occurred between 2013 and 2017, particularly in single-family districts. Many operators saw recovery residences merely as a means for financial gain, with little oversight of those residing in them. Neighborhoods were impacted by parked car, noise, and wondering individuals. The current ordinance addressed many of those issues by requiring 1) State certification of the recovery residence and 2) a certified administrator living on site. The ordinance requires that anyone seeking a reasonable accomodation must apply to the Town describing the code relief requested, documenting the disabilities and providing justification for the request. The request is considered by a town magistrate in a quasi-judicial hearing, where the need for the accommodation is balanced with the impact on the community. The magistrate can take into consideration impacts on the neighborhood such as an overconcentration of recovery residences in one area or lack of parking, and deny the request. The magistrate can also condition approvals such as requiring all resident vehicles to be parked in a driveway. A “Reasonable Accommodation Order” is issued by a town magistrate following a public hearing, based on the facts presented by the applicant and town staff. Violation of conditions of approval are subject to code enforcement actions. Proposed Amendments In 2025 the legislature adopted SB 954, codified in 397.487 FS, which mandates that by January 1, 2026 local governments adopt an ordinance establishing procedures for the review and approval of recovery residences, and set out certain minimum provisions that are required to be included. (This SB is included as attachment 2) As stated above, the Town currently has such an ordinance which addresses most of the statutory requirements. However, the Town is now required to follow state-mandated timeframes for review and determination as to whether a reasonable accomodation should be granted. The current ordinance does not have specific timeframes, and is being amended to set out those required by statute, as follows: x Application must be “date stamped” by department when received. x Once submitted, the Town has 30 days to require additional information, applicant has 30 days to respond. x Once the application is deemed complete by the department, the Town has 60 days in which to issue a final written determination, unless the parties agree to a time extension. For the Town, within those 60 days the department must review the application, formulate a recommendation and schedule a magistrate hearing with proper notice. The hearing must be held, and then an order issued with magistrate’s written determination and reasoning x If no written determination is made in 60 days, the request is considered approved. The statutory requirements do not substantially change the Town’s process, other than specifying the timeframe for a decision. Unrelated to the statute, staff is also proposing the following additional changes: Establishment of an expiration date for the approval: provides a maximum 120 days after approval for the recovery residence to start, or the approval will be considered expired. Deletion of the requirements for annual re-certification by the Town. Both the Town attorney and Staff believe this is no longer needed. By requiring any recovery residence to be state –certified, this triggers an annual review by the State. The Town would respond if any code violations are received. New sections 1) addressing the revocation of the reasonable accommodation if the recovery residence is found in violation of conditions of its approval, or there has been a significant time lapse in its state license, and 2) providing a process for revisions to the original approval. Consistency with the Comprehensive Plan The ordinance is consistent with Comprehensive Plan policies: Future Land Use Element, Policy 5.1: The Town shall protect, preserve, maintain and improve its core residential neighborhoods and historic resources, and protect these areas from physical degradation and the intrusion of incompatible uses. Housing Element, Policy 4.3: The Town shall enforce compliance with the Americans with Disabilities Act (ADA) in order to ensure that persons with disabilities have equal access to housing, employment and services There is no economic impact to existing businesses. Notice of Hearing was published in the legal ad section of the Palm Beach Post. STAFF RECOMMENDATION: Staff recommends approval of the proposed amendments contained in Ordinance 01-2026. MOTION: Motion to recommend approval of the proposed amendments contained in Ordinance 01-2026 to the Town Commission