Planning and Zoning Board

AGENDA PLANNING AND ZONING BOARD REGULAR MEETING Monday, August 8, 2022 at 7:00 PM 2020 WILTON DRIVE, WILTON MANORS, FLORIDA 33305 1. CALL TO ORDER 2. SWEARING IN OF NEW PLANNING AND ZONING BOARD MEMBERS 3. ELECTION OF PLANNING AND ZONING BOARD CHAIR AND VICE CHAIR 4. ROLL CALL 5. PLEDGE OF ALLEGIANCE 6. APPROVAL OF MINUTES a. June 13, 2022 Planning and Zoning Board Meeting Minutes 7. PUBLIC COMMENTS Any member of the Public may speak on any issue for three (3) minutes. 8. DISCUSSION a. Article 105 of the City’s Unified Land Development Regulations related to “Conditional Uses”. b. Article 120 of the City’s Unified Land Development Regulations related to “Variances”. 9. STAFF COMMENTS a. 2023 Planning and Zoning Board Meeting Calendar 10. BOARD COMMENTS 11. ADJOURNMENT NEXT MEETING DATE - September 12, 2022 Page 1 of 45 All interested persons are invited to appear and be heard, subject to proper rules of conduct. Persons who cannot appear and be heard are encouraged to submit their written comments. Written comments filed with the Community Development Services Director will be entered into the record. Persons with disabilities requiring accommodations in order to participate should contact the City Clerk at 954-390-2123 at least 24 hours prior to the meeting. Pursuant to FS. 286.0105, if a person decides to appeal any decision made by the Board, with respect to any matter considered at the meeting, or hearing, he/she will need a record of the proceedings and that for such purposes he/she 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 based. Any person requiring Auxiliary Aids and Services for the Meeting may call the ADA Coordinator at (954) 390-2120 at least two working days prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service by using the following phone numbers: 1-800-955-8770 (voice) or 1-800- 955-8771 (TDD). All materials may be reviewed at the City of Wilton Manors Community Development Services Department at 2020 Wilton Drive, Wilton Manors, Florida 33305, between the hours of 7:00 a.m. and 6:00 p.m., Monday through Thursday, excluding legal holidays. Page 2 of 45 COMMISSION AGENDA REPORT MEETING DATE: Monday, August 8, 2022 From: Roberta Moore, Community Development Services Director Prepared by: Evangeline Kalus, City Planner (a) Subject: June 13, 2022 Planning and Zoning Board Meeting Minutes (b) City Manager Recommendation: (c) Report In Brief: Approval of June 13, 2022 Planning and Zoning Board Meeting minutes. (d) Discussion: Approval of June 13, 2022 Planning and Zoning Board Meeting minutes. (e) Strategic Plan Consistency: Strategic Plan 2021-2026: Goal B – Promote Economic Development and Goal C – Enhance Quality of Life and Livability. (f) Concurrences: (g) Fiscal Impact: (h) Alternatives: (i) Attachments: 1. 061322 WM PZ 1st draft minutes Page 3 of 45  1 DRAFT 2 MEETING MINUTES 3 PLANNING AND ZONING BOARD 4 COMMISSION CHAMBERS 5 2020 WILTON DRIVE, WILTON MANORS, FLORIDA 33305 6 MONDAY, JUNE 13, 2022 – 7:00 P.M. 7 8 MEMBERS ATTENDANCE 9 Richard Safaty, Chair P 10 Rudy Molinet, Vice Chair (via telephone) P 11 Don D’Arminio P 12 Jeffrey Ferraro P 13 Tim Moses P 14 Tim Theisen A 15 Roy David Walker P 16 17 Staff 18 Mike Cirullo, Assistant City Attorney 19 Roberta Moore, Community Development Services Director 20 Evy Kalus, City Planner 21 Carla Blair, Recording Secretary, Prototype, Inc. 22 23 I. CALL TO ORDER 24 25 Chair Safaty called the meeting to order at 7:00 p.m. 26 27 II. ROLL CALL 28 29 Roll was called by Ms. Blair and it was noted a quorum was present. It was noted that 30 former Alternate Jeb Shafer has resigned from the Board. 31 32 III. PLEDGE OF ALLEGIANCE 33 34 The Pledge of Allegiance was recited. 35 36 IV. APPROVAL OF MINUTES 37 38 a. April 11, 2022 39 40 Motion made By Board Member Ferraro, seconded by Board Member D’Arminio, to 41 approve. 42 43 Board Member D’Arminio noted the following corrections: 44 • P. 11, line 44: correct spelling of the name is “Connell” 45 • P. 12, lines 13-40: correct run-on sentence Page 4 of 45  Wilton Manors – Planning & Zoning June 13, 2022 Page 2 1 • P. 3, line 25: Board Member D’Arminio requested that this comment be deleted, as 2 it was not an accurate reflection of his statement 3 4 In a voice vote, the motion passed unanimously [as amended]. 5 6 b. May 9, 2022 7 8 Motion made by Board Member Ferraro, seconded by Board Member D’Arminio, to 9 approve. In a voice vote, the motion passed unanimously. 10 11 V. PUBLIC COMMENTS 12 13 It was determined that Public Comment would be heard following the Staff presentation 14 on tonight’s Item. 15 16 VI. PUBLIC HEARING 17 18 a. Amendment to the City of Wilton Manors’ Comprehensive Plan to add 1,000 19 dwelling units within the Transit Oriented Corridor (TOC) land use 20 designation and allow for double the maximum number of dwelling units for 21 hotel, motel, or similar lodging units and adult living facilities in the Future 22 Land Use Element; and the addition of a Property Rights Element. 23 24 City Planner Evy Kalus showed a PowerPoint presentation on the proposed Amendment, 25 explaining that the following changes are proposed: 26 • Amend the Future Land Use Element to increase the permitted maximum number 27 of dwelling units from six hundred twenty-two (622) to one thousand six hundred 28 twenty-two (1622) in the Transit-Oriented Corridor (TOC) land use designation 29 • Amend the Future Land Use Element to allow for double density for hotel units and 30 for special residential facility Category 3 development; this would count as one (1) 31 dwelling unit for every two (2) sleeping rooms, regardless of the number of kitchens 32 or baths per gross acre in the Future Land Use Element 33 • Addition of a new Property Rights Element 34 35 Planner Kalus advised that the first Amendment increases the overall permitted number 36 of dwelling units by one thousand (1000). This will allow an increase from three hundred 37 eighty-two (382) mid-rise units to one thousand three hundred eighty-two (1382). It will 38 allow for the allocation of all dwelling units in the TOC land use designation by right, 39 without the allocation of flexibility and/or redevelopment units. The proposed Amendment 40 will not change the maximum density of sixty (60) units per gross acre or the boundary of 41 the TOC. 42 43 Planner Kalus referred the Board members to a table showing the current and proposed 44 permitted land uses within the TOC. She pointed out that the six hundred twenty-two (622) Page 5 of 45  Wilton Manors – Planning & Zoning June 13, 2022 Page 3 1 units include one hundred three (103) dwelling units added by the City Commission per 2 Ordinance 2020-13 on June 22, 2021. There are three hundred sixty (360) flex units 3 available in the Urban Center Mixed-Use District, including the Wilton Arts and 4 Entertainment (WAE) district, TOC, and TOC-West (TOC-W). 5 6 There are fifty-four (54) reserve units available City-wide, thirty-eight (38) of which are 7 affordable housing flex units, two (2) of which are affordable housing Urban Center Mixed- 8 Use flex units, and fourteen (14) affordable housing reserve units. Flex reserve units are 9 allocated by the City Commission on a first come, first served basis. 10 11 The double density Amendment addressing hotel and special residential facility units 12 would allow for a dwelling unit to be equivalent to two (2) hotel rooms. A special residential 13 facility allows for one (1) dwelling unit for every two (2) sleeping rooms, regardless of the 14 number of kitchens or baths. Planner Kalus offered the example of an adult living facility 15 with shared uses, such as cafeterias, some bathrooms, and smaller kitchen facilities, as 16 an example of a special residential facility. Densities for these units would be capped 17 based upon the number of sleeping rooms. The proposed Amendment would be 18 consistent with Broward County’s Comprehensive Plan, known as Broward Next. 19 20 The third Amendment would add a Property Rights Element. This requirement was signed 21 into law in 2021 by the Governor of Florida. The Amendment requires that local 22 governments adopt this Element into their Comprehensive Plans and acknowledge 23 constitutionally protected property rights, which include the following: 24 • Physical possession and controlled interest in property, including easements, 25 leases, and mineral rights 26 • Right to sue, maintain, develop, and improve property for personal use subject to 27 state law and local ordinances 28 • To exclude others from the property to protect the owner’s possessions or property 29 • To dispose of the property through sale or gifts 30 31 The Amendment was recommended for approval by the City’s Development Review 32 Committee (DRC) on June 2, 2022. 33 34 Chair Safaty noted that Vice Mayor Paul Rolli was present at tonight’s meeting. 35 36 At this time Chair Safaty opened public comment. 37 38 Ray Carrier, 2048 NE 6 Terrace, expressed concern with major capital improvement 39 projects carried out by the City, including infrastructure projects. He pointed out that the 40 addition of landscaping on Wilton Drive has taken over four years. He was also concerned 41 with wastewater and stormwater management, pointing out that there are no “shovel- 42 ready” projects of this nature. While he did not object to the proposed Amendments, he 43 felt the addition of one thousand (1000) units was premature until it is certain that the 44 City’s existing infrastructure is sufficient to the needs this addition would bring. 45 Page 6 of 45  Wilton Manors – Planning & Zoning June 13, 2022 Page 4 1 With no other individuals wishing to speak at this time, Chair Safaty closed public 2 comment. 3 4 Board Member Moses asked how many units were currently proposed by forthcoming 5 projects. Community Development Services Director Roberta Moore replied that there 6 are two (2) residential projects presently underway, one of which is located within the TOC 7 and proposes one hundred ninety (190) residential units on an approximately eight 8 thousand (8000) square foot development. The other project is ten thousand (10,000) 9 square feet in size and proposes three hundred twenty (320) multi-family residential units. 10 A third project outside the TOC is currently going through DRC review and requests two 11 hundred fifty (250) multi-family units. There are no commercial projects currently in 12 development. 13 14 Director Moore also addressed the concern for the City’s infrastructure raised during 15 Public Comment, stating that the City has analyzed its infrastructure capabilities and 16 expects to be able to accommodate an additional one thousand (1000) units. She 17 emphasized that every application must go through this analysis and sufficient capability 18 must be demonstrated in order for a project to advance. 19 20 Board Member Ferraro asked if the Community Development Services Department 21 reviews the surrounding area for a proposed project as well as the project itself in order 22 to determine system capability. Director Moore confirmed this is done, noting that an 23 internal group has been created for this purpose. They review adequacy within the subject 24 area, including traffic conditions as well as water/wastewater/stormwater infrastructure. 25 These analyses are performed whenever a development is proposed. The possibility of 26 flooding is also reviewed as part of the Site Plan process. 27 28 Director Moore also clarified that the TOC-W is a separate zoning district from the other 29 TOC. 30 31 Board Member Walker asked if the City’s existing systems would be able to accommodate 32 more than the proposed one thousand (1000) units to be added. Director Moore replied 33 that based on the professional judgments of Staff, the City can accommodate more than 34 these one thousand (1000) units. While she did not have full information on hand 35 regarding the additional capacity the City’s sewer system can handle, she pointed out 36 that the City’s Emergency Management/Utilities Department is looking into this to 37 determine how some of the existing issues may be addressed. 38 39 Chair Safaty asked if the additional impacts of stormwater runoff will be addressed once 40 the proposed projects have been built. Director Moore confirmed this. She also 41 emphasized that because of the importance of drainage and runoff issues to City 42 residents, both Board members and members of the public are encouraged to ask 43 questions to developers about these systems when they come before the Board. 44 Page 7 of 45  Wilton Manors – Planning & Zoning June 13, 2022 Page 5 1 Chair Safaty also asked if the addition of one thousand (1000) new units will affect the 2 City’s levels of service, including those associated with traffic. Director Moore replied that 3 appropriate levels of service would still be met. 4 5 Vice Chair Molinet asked if the developers of new projects are required to include the 6 mitigation of wastewater as part of these projects, including the use of technologies such 7 as injection wells. Director Moore noted that there are existing developments within the 8 City which use this technology, providing for underground drainage in some cases. 9 10 Vice Chair Molinet also expressed concern that the TOC-East does not currently have the 11 same level of opportunity for commercial development to activate that community. He was 12 concerned that the result of development in this and other areas outside the TOC-W might 13 result in a canyon effect on some corridors. Director Moore advised that the City’s 14 Economic Development Division is working with businesses which may be interested in 15 relocation. 16 17 Board Member D’Arminio suggested that Staff review the conditions that existed when 18 Article 30 was adopted. He pointed out that the City’s current minimum residential unit 19 size is six hundred (600) square feet, and emphasized the importance of promoting the 20 development of smaller units. 21 22 Motion made by Vice Chair Molinet, seconded by Board Member Moses, to approve, 23 subject to the inclusion of a letter confirming the City’s adequacy to accommodate more 24 units. In a voice vote, the motion passed unanimously. 25 26 VII. STAFF COMMENTS 27 28 None. 29 30 VIII. BOARD COMMENTS 31 32 It was noted that Board Members D’Arminio and Walker were serving their last meetings 33 as members of the Planning and Zoning Board. All present recognized their service to the 34 City. 35 36 IX. ADJOURNMENT 37 38 The meeting was adjourned at 7:58 p.m. 39 40 NEXT MEETING DATE: July 11, 2022 41 42 [Minutes prepared by K. McGuire, Prototype, Inc.] Page 8 of 45 COMMISSION AGENDA REPORT MEETING DATE: Monday, August 8, 2022 From: Roberta Moore, Community Development Services Director Prepared by: Evangeline Kalus, City Planner (a) Subject: Article 105 of the City’s Unified Land Development Regulations related to “Conditional Uses”. (b) City Manager Recommendation: (c) Report In Brief: Pursuant to Article 105 of the City’s Unified Land Development Regulations (ULDRs), conditional uses may be compatible with other land uses permitted within a zoning district, but due to their unique characteristics and potential impacts on the surrounding neighborhood and the City as a whole, they require individual review of their location, design, configuration, and/or operation in order to ensure that the use is appropriate at a particular location. The Planning and Zoning Board determines whether the proposed use is consistent with standards of review found in the Article. (d) Discussion: Article 105 entitled “Conditional Uses” of the City’s Unified Land Development Regulations (ULDRs) describes the conditional use approval process. The conditional use process requires a public hearing, notification of property owners within 300 feet of the subject parcel, and a determination of approval, approval with conditions, or denial by the Planning and Zoning Board. Any use that is considered “conditional” is identified with a “C” in the permitted and prohibited use table for the appropriate zoning district. The Planning and Zoning Board's determination is based on standards of review that include, but are not limited to, consistency with the City's Comprehensive Plan; the proposed use shall not be detrimental to the public welfare; the proposed use shall not diminish the use and property value of other property in the immediate neighborhood; proposed use shall be consistent with the community character, and the proposed use shall limit adverse impacts to adjacent properties. (e) Strategic Plan Consistency: Strategic Plan 2021-2026: Goal B – Promote Economic Development and Goal C – Enhance Quality of Life and Livability. (f) Concurrences: (g) Fiscal Impact: (h) Alternatives: (i) Attachments: 1. Article 105 Memo 8.8.22 (2) Page 9 of 45 2. ARTICLE 105 - Conditional Use 3. Article 105 Presentation 8.8.22 Page 10 of 45  WILTON MANORS, Island City 2020 WILTON DRIVE, WILTON MANORS, FLORIDA 33305 COMMUNITY DEVELOPMENT SERVICES (954) 390-2180 FAX: (954) 567-6069 TO: Planning and Zoning Board THRU: Roberta Moore, Community Development Services Director FROM: Evangeline G. Kalus, City Planner DATE: August 8, 2022 RE: Article 105 of the City’s Unified Land Development Regulations related to “Conditional Uses”. ________________________________________________________________________________ Article 105 entitled “Conditional Uses” of the City’s Unified Land Development Regulations (ULDRs) describes the conditional use approval process. Conditional uses may be compatible with other land uses permitted within a zoning district, but due to their unique characteristics and potential impacts on the surrounding neighborhood and City as a whole, require individual review of their location, design, configuration, and/or operation in order to ensure that the use is appropriate at a particular location. Any use that is considered “conditional” is identified with a “C” in the permitted and prohibited use table for the appropriate zoning district. For example, a “bed and breakfast dwelling” is considered a conditional use with specific use provisions within the RS-5 (Single-Family Residential), RD-10 (Two- Family Duplex Residential), RM-10 (Multi-Family Residential), RM-12 (Multi-Family Residential), and RM-16 zoning districts (Multi-Family Residential) zoning districts and a “coffee shop/tea house” is considered a conditional use in the WDAE (Wilton Drive Arts and Entertainment District), TOC-E (Transit Oriented Corridor East), TOC-N (Transit Oriented Corridor North), TOC-S (Transit Oriented Corridor South), and TOC-W (Transit Oriented Corridor West) zoning districts. This Article includes, but is not limited to, Section 105-020 – Applicability  No use designated as a conditional use can receive an approval under the provisions of this Article until the property and/or building receive a Certificate of Compliance, a Determination of Level of Service Compliance, a Building Permit, a Certificate of Occupancy, and/or a local business tax receipt, as applicable, pursuant to the requirements of this Article. Section 105-030 – Supplemental application requirements  A site plan meeting the requirements of Article 085 of the City’s ULDRs.  Any other information as may be required for a determination of the nature of the proposed use and its consistency with the Comprehensive Plan, and effect on the surrounding properties and neighborhood.  This is in addition to the general application requirements found in Article 065 of the ULDRs which include, but are not limited to, owner’s and agent’s name, contact information, agent and Page 1 of 3 Page 11 of 45  property owner notarized authorization, proof of ownership, legal description, signed and sealed survey current within two (2) years, and description and justification of request. Section 105-040 – Application processing and review  The Community Development Services Director shall forward copies of the complete application to the Development Review Committee for review to determine whether the conditional use complies with these regulations, and whether conditions of approval are recommended in order to mitigate concerns related to the conditional use criteria found in this Article.  The Planning and Zoning Board shall establish a public hearing pursuant to the quasi-judicial public hearing procedures of Article 075 of the City’s ULDRs to consider public testimony, if any, and the staff recommendation, and based upon the criteria for review in this Article, shall deny, approve or approve application with conditions as it deems necessary to have the proposed use meet the standard set forth in the review criteria, below, and to prevent or minimize adverse effects on other property in the neighborhood.  Conditions may include, but are not limited to: limitations on size, bulk and location; duration of construction period; signage; requirements for landscaping and other screening, outdoor lighting, and the provision of adequate ingress and egress; duration of the approval; hours of operation; and the mitigation of environmental impacts. Conditions may be imposed for a specific period of time, after which time the condition shall expire and the obligations of the applicant pertaining to such condition shall automatically terminate.  The criteria or standards of review are as follows: a. The proposed use shall be consistent with the Comprehensive Plan. b. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, comfort, or general welfare. c. The proposed use shall not diminish the use or enjoyment of other property in the immediate neighborhood for the purposes permitted in the district. d. The establishment of the conditional use shall not impede the normal and orderly development and improvement of surrounding properties for uses permitted in the zoning district. e. The proposed use shall not diminish property values in the neighborhood. f. Adequate utilities, road access, drainage, and other necessary facilities already exist, shall be provided by the applicant, or are programmed to serve the proposed use. g. Adequate measures already exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets, and to provide safe and adequate pedestrian and vehicular circulation. h. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed development. i. Development of the proposed use shall not adversely affect a known archaeological, historical, or cultural resource located on or off the parcel proposed for development. j. The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property. k. The applicant has the financial and technical capacity to complete, operate, and maintain the conditional use as proposed and has made adequate legal provisions to guarantee the provision, development and maintenance of any buffers, landscaping, public open space, and other improvements associated with the proposed use. l. The proposed use shall meet all other standards or requirements set forth in the ULDR that apply to that use in the zoning district in which it is located.  In each case where the Planning and Zoning Board take action for a conditional use, the decisions of the Planning and Zoning Board shall be recorded in the meeting minutes, and Page 2 of 3 Page 12 of 45  thereafter an order shall be prepared and entered into evidence of the decisions, which shall set out with sufficient clarity the exact legal description of the land and premises affected, and the decision, including conditions, made by the Planning and Zoning Board. Once (1) copy of the order shall be kept by the City Clerk, one (1) copy shall be kept by the Community Development Services Department and one (1) copy shall be forwarded to the applicant. Section 105-050 – Effect of conditional use approval; expiration  The approval of a conditional use request, unless otherwise provided by the Planning and Zoning Board approval, shall become null and void unless a development permit (if required for use or occupancy) pursuant thereto is issued within twelve (12) months of the date of any such action by the Planning and Zoning Board, and construction or use of the premises is underway. The Community Development Services Director may grant one (1), four (4) month extension upon receipt of a request for extension from the applicant, prior to the twelve (12) month expiration, stating the reasons for the request.  Whenever the Planning and Zoning Board has acted upon a conditional use for property, whether approved or denied, the Planning and Zoning Board shall not thereafter consider any further application for the same or any other kind of conditional use for any part or all of the same property for a period of one (1) year from the date of approval or denial by the Planning and Zoning Board. The above time limits may be waived by a majority vote of the Planning and Zoning Board when the Planning and Zoning Board deems such action necessary to prevent injustice or to facilitate the proper development of the City.  Permits issued under a conditional use approval shall be revoked by the Community Development Services Director in the case of failure to comply with conditions of approval or applicable regulations.  Any discontinuation of an approved conditional use for a period of one hundred eighty (180) consecutive days shall constitute abandonment, and shall rescind the approval of the conditional use. Section 105-060 – Amendments and alterations to approved conditional uses.  Any modifications to an approved conditional use and any addition to or expansion of an existing conditional use shall require the same application, review and approval as required under this Article for the original approval of the conditional use, except for minor changes.  Minor changes in the site plan or design details of an approved conditional use which are consistent with the standards and conditions applying to the conditional use and which do not result in additional external impacts, including but not limited to, a minor shift in the location of a building or structure, the realignment of parking spaces and aisles, and the relocation of a driveway, may be approved by the Director. Page 3 of 3 Page 13 of 45  PART II ‐ CODE OF ORDINANCES APPENDIX A ‐ UNIFIED LAND DEVELOPMENT REGULATIONS ARTICLE 105. CONDITIONAL USES ARTICLE 105. CONDITIONAL USES Sec. 105‐010. Purpose. Conditional uses may be compatible with the other land uses permitted in a zoning district but, because of their unique characteristics and potential impacts on the surrounding neighborhood and City as a whole, require individual review of their location, design, configuration, and/or operation in order to ensure that the use is appropriate at a particular location. Sec. 105‐020. Applicability. No use designated as a conditional use by the schedule of district regulations shall be established until the use has received approval under the provisions of this Article and has received a Certificate of Compliance, a Determination of Level of Service Compliance, a Building Permit, a Certificate of Occupancy, and a local business tax receipt, as applicable, pursuant to the requirements of these regulations. (Ord. No. 914, § 2, 2‐13‐07) Sec. 105‐030. Supplemental application requirements. (A) A site plan meeting the requirements of Article 85, Site Plans. (B) Any other information as may be required for a determination of the nature of the proposed use and its consistency with the Comprehensive Plan, and effect on the surrounding properties and the neighborhood. Sec. 105‐040. Application processing and review standards. (A) The Director shall forward copies of the complete application to the DRC for review to determine whether the conditional use complies with these regulations, and whether conditions of approval are recommended in order to mitigate concerns related to the review criteria of Subsection (B), below. (B) Planning and Zoning Board review. (1) The PZB shall establish a public hearing pursuant to the quasi‐judicial public hearing procedures of Article 75 to consider public testimony, if any, and the staff recommendation, and based upon the criteria for review in this Article, shall deny, approve or approve the application with conditions as it deems necessary to have the proposed use meet the standards set forth in the review criteria, below, and to prevent or minimize adverse effects on other property in the neighborhood. Conditions may include, but are not limited to: limitations on size, bulk and location; duration of construction period; signage; requirements for landscaping and other screening, outdoor lighting, and the provision of adequate ingress and egress; duration of the approval; hours of operation; and the mitigation of environmental impacts. Conditions may be imposed for a specific period of time, after which time the condition shall expire and the obligations of the applicant pertaining to such condition shall automatically terminate. (2) The standards of review are as follows: a. The proposed use shall be consistent with the Comprehensive Plan; Wilton Manors, Florida, Code of Ordinances Created: 2022‐05‐03 10:03:12 [EST] (Supp. No. 59) Page 1 of 3 Page 14 of 45  b. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, comfort, or general welfare; c. The proposed use shall not diminish the use or enjoyment of other property in the immediate neighborhood for the purposes permitted in the district; d. The establishment of the conditional use shall not impede the normal and orderly development and improvement of surrounding properties for uses permitted in the zoning district; e. The proposed use shall not diminish property values in the neighborhood. f. Adequate utilities, road access, drainage, and other necessary facilities already exist, shall be provided by the applicant, or are programmed to serve the proposed use; g. Adequate measures already exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets, and to provide safe and adequate pedestrian and vehicular circulation; h. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed development; i. Development of the proposed use shall not adversely affect a known archaeological, historical, or cultural resource located on or off the parcel proposed for development; j. The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property; k. The applicant has the financial and technical capacity to complete, operate, and maintain the conditional use as proposed and has made adequate legal provisions to guarantee the provision, development and maintenance of any buffers, landscaping, public open space, and other improvements associated with the proposed use; and l. The proposed use shall meet all other standards or requirements set forth in the ULDR that apply to that use in the zoning district in which it is located. (3) In each case wherein action upon application for a conditional use is taken by the PZB, the decision of the PZB shall be recorded in the minutes of its meeting, and thereafter an order shall be prepared and entered into evidence such decision, which shall set out with sufficient clarity the exact legal description of the land and premises affected, and the decision, including conditions, made by the board. One copy of the order shall be kept by the City Clerk to become a public record, one copy shall be kept by the Department, and one copy forwarded to the applicant. Sec. 105‐050. Effect of conditional use approval; expiration. (A) Approval of a conditional use request, unless otherwise provided by the PZB approval, shall become null and void unless a development permit (if required for use or occupancy) pursuant thereto is issued within twelve (12) months of the date of any such action by the board, and construction or use of the premises is underway. The Director may grant one, four (4) month extension upon receipt of a request for extension from the applicant, prior to the twelve (12) month expiration, stating the reasons for the request. (B) Whenever the PZB has acted upon a conditional use for property, whether approved or denied, the PZB shall not thereafter consider any further application for the same or any other kind of conditional use for any part or all of the same property for a period of one year from the date of approval or denial by the PZB. The above time limits may be waived by a majority vote of the PZB, when the PZB deems such action necessary to prevent injustice or to facilitate the proper development of the City. Created: 2022‐05‐03 10:03:12 [EST] (Supp. No. 59) Page 2 of 3 Page 15 of 45 (C) Permits issued under a conditional use approval shall be revoked by the Director in the case of failure to comply with conditions of approval or applicable regulations. (D) Any discontinuation of an approved conditional use for a period of one hundred eighty (180) consecutive days shall constitute abandonment, and shall rescind the approval of the conditional use. Sec. 105‐060. Amendments and alterations to approved conditional uses. (A) Except as provided under Subsection (B) below, any modifications to an approved conditional use and any addition to or expansion of an existing conditional use shall require the same application, review and approval as required under this Article for the original approval of the conditional use. (B) Minor changes in the site plan or design details of an approved conditional use which are consistent with the standards and conditions applying to the conditional use and which do not result in additional external impacts, including but not limited to, a minor shift in the location of a building or structure, the realignment of parking spaces and aisles, and the relocation of a driveway, may be approved by the Director. Created: 2022‐05‐03 10:03:12 [EST] (Supp. No. 59) Page 3 of 3 Page 16 of 45  Article 105 of the City’s Unified Land Development Regulations – “Conditional Uses” August 8, 2022 Planning and Zoning Board Meeting Page 17 of 45 Introduction • Article 105 entitled “Conditional Uses” of the City’s Unified Land Development Regulations (ULDRs) describes the conditional use approval process. • Conditional uses may be compatible with other land uses permitted within a zoning district, but due to their unique characteristics and potential impacts on the surrounding neighborhood and City as a whole, require individual review of their location, design, configuration, and/or operation in order to ensure that the use is appropriate at a particular location. • Any use that is considered “conditional” is identified with a “C” in the permitted and prohibited use table for the appropriate zoning district. • The following slides are examples of “conditional uses” within the City’s zoning districts. Page 18 of 45 Article 030-030 – Urban Center Mixed Use Zoning Districts. Examples of Conditional Uses in the Urban Center Mixed-Use Districts. Use WDAE TOC- TOC-S TOC- TOC- N E W Assisted living facility N N N P(14) C Coffee shop/tea house C(17) C(17) C(17) C(17) C(17) College or other institution of higher learning C C C C C Day care center C P P P P Drive-through windows, and any commercial use that N N N N C(21) provides goods or services to customers as they remain in their automobiles, excepting bank, coffee shop/tea house and pharmacy drive-through service Dry cleaning drop off with on-site dry cleaning C C C C C Flea market, bazaar, merchandise mart, green market P P P P C Home improvement center; sales of building materials C N N N N Hospital N C C C C Medical marijuana retail center C(15) C(15) C(15) C(15) C(15) Microbrewery, microwinery, brewpub, brewery, and C(18) C(18) C(18) C(18) C(18) micro-distillery Pharmacy C(15) C(15) C(15) C(15) C(15) Public utility or service facility C C C C C School, trade or vocational C C C C C Page 19 of 45 Article 030-030 – Specific Use Provisions for Conditional Uses in Urban Center Mixed Use Districts Specific use provisions (see footnote references in table) - (15) Distance separation. The listed use shall not be permitted unless the closest projection of the building or outdoor sales area, if any, from public or private elementary, middle, or secondary schools, and child daycare facilities to the closest projection measures a minimum of five hundred (500) feet. (17) Coffee shop and tea house are defined as a business operation involving the principal sale of coffee or tea. No drive-through hours shall be permitted between the hours of 10:00 p.m. and 5:00 a.m. Drive-through facilities shall allow for vehicle stacking distances that accommodate anticipated demand without impairing traffic circulation. (18) See Article 030-160, Microbreweries, Microwineries, Brewpubs, Brewery, and Micro-distillery within the Urban Center Districts. (21) No drive through hours shall be permitted between the hours of 10:00 p.m. and 5:00 a.m. Drive-through facilities shall allow for vehicle stacking distances that accommodate anticipated demand without impairing traffic circulation. Page 20 of 45 Article 020-070 – Residential Zoning Districts Examples of Conditional uses in residential zoning districts. USE RS‐5 RD‐10 RM‐10 RM‐12 RM‐16 Non‐residential public or government bldg. or use (5) C C C C C Public utility or service facility N N C C C Assisted living facility N N N N C Day care center N N N N C Bed and breakfast dwelling (4) C C C C C Page 21 of 45 Article 020-070 – Specific Use Provisions for Conditional Uses in Residential zoning districts Specific use provisions (see footnote references in table) - (4) Specific location and operational limitations are placed on the location of bed and breakfast dwellings by Section 050-050. • This provision references Section 050-050 of the City’s ULDRs which provides for the specific regulations relating to bed and breakfasts (not short term or vacation rentals) which include, but or not limited to, geographic limitations, approval procedure, operational plan, conditional use, and site plan requirements. Page 22 of 45 Article 020-90 – Business Zoning Districts Examples of Conditional uses in business zoning districts. USE B-1 B-2 B-3 I-L Automobile repair, minor N C P N Check cashing store N N C(11) N College or other institution of N C N N higher learning Day care center N C N N Dry cleaning plant N C C N Funeral home N C C N Hospital N C N N Medical marijuana treatment N C(12) N N center Motor fuel pumps N C(3) C(3) N Parking lot, commercial or public C(5) C(5) P(5) C(5) Pawn shop N N C(10) N Public or governmental building or C C C C use, excluding residential Public utility or service facility C C C C Page 23 of 45 Article 020-90 – Specific Use Provisions for Conditional Uses in Business Zoning Districts Specific use provisions (see footnote references in table) - (3) See Section 050-070, Motor fuel pumps, for additional development standards. (5) For automobiles, motorcycles, and trucks, but excluding heavy trucks and all commercial motor vehicles, all as defined under F.S. § 320.01, as amended. (10) See Section 050-100, pawnshops, for supplemental use regulations. (11) See Section 050-110, check cashing store, for supplemental use regulations. (12) Distance separation. The listed use shall not be permitted unless the closest projection of the building or outdoor sales area, if any, from public or private elementary, middle, or secondary schools, and child daycare facilities to the closest projection measures a minimum of five hundred (500) feet. Page 24 of 45 Article 020-120 – Mixed-Use and Public/Quasi-Public Districts. Examples of Conditional uses in mixed-use and public/quasi-public zoning districts. USE R-O CF OS ROSC Music, photo, art studio N N N C Book Store/Card & Gift Shop N N N C Coffee/Tea Shop N N N C Accessory Retail/Accessory Food Service N N N C Handicraft shop N N N C Public park, playground, pool, courts C N P C Parking lot/structure N N N C Non-residential public or government use other than park or C P N C recreation facility (6) Place of worship (6) C P N C Office, professional, (excludes clinic/medical clinic) C N N C Beauty, barber shop N N N C(3) Bed and breakfast dwelling C(4) N N C(4) Personal services N N N C(5) Clinic, medical clinic N N N C(5) Page 25 of 45 Article 020-120 – Specific Use Provisions for Conditional Uses in Mixed-Use and Public/Quasi-Public Districts Specific use provisions (see footnote references in table) - (3) In conjunction with a residential use provided there is one licensed resident- operator, with a maximum of two (2) operators. (4) Specific locational limitations are placed on the location of bed and breakfast dwellings by Section 050-050). (5) Limited to twelve hundred fifty (1,250) square feet of gross floor area in conjunction with a residential use. (6) The minimum depth of interior side yards for schools, libraries, places of worship, and other public and semi-public buildings adjacent to residential districts shall be fifty (50) feet. Page 26 of 45 Conditional Use Process • The Planning and Zoning shall establish a public hearing pursuant to the quasi-judicial public hearing procedures of Article 75 to consider public testimony, if any, and the staff recommendation, and based upon the criteria for review in this Article, shall deny, approve or approve the application with conditions as it deems necessary to have the proposed use meet the standards set forth in the review criteria and to prevent or minimize adverse effects on other property in the neighborhood. • The action by the Planning and Zoning Board is evidenced in a Development Order of which copies of Development Order are kept with the City Clerk, Community Development Services Department, and a copy is forwarded to applicant. Page 27 of 45 Standards of Review a. The proposed use shall be consistent with the Comprehensive Plan. b. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, comfort, or general welfare. c. The proposed use shall not diminish the use or enjoyment of other property in the immediate neighborhood for the purposes permitted in the district. d. The establishment of the conditional use shall not impede the normal and orderly development and improvement of surrounding properties for uses permitted in the zoning district. e. The proposed use shall not diminish property values in the neighborhood. f. Adequate utilities, road access, drainage, and other necessary facilities already exist, shall be provided by the applicant, or are programmed to serve the proposed use. Page 28 of 45  Standards of Review(continued) g. Adequate measures already exist or shall be taken to provide ingress egress to the proposed use in a manner that minimizes traffic congestion in the public streets, and to provide safe and adequate pedestrian and vehicular circulation. h. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed development. i. Development of the proposed use shall not adversely affect a known archaeological, historical, or cultural resource located on or off the parcel proposed for development. j. The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property. k. The applicant has the financial and technical capacity to complete, operate, and maintain the conditional use as proposed and has made adequate legal provisions to guarantee the provision, development and maintenance of any buffers, landscaping, public open space, and other improvements associated with the proposed use. l. The proposed use shall meet all other standards or requirements set forth in the ULDR that apply to that use in the zoning district in which it is located. Page 29 of 45 Effect and Expiration of Conditional Use Approval • Conditional use approval shall become null and void unless a development permit (if required for use or occupancy) is issued within twelve (12) months of the date of any such action by the Planning and Zoning Board. This would include building permits and or a local business tax receipt. • The Community Development Services Director may grant one (1), four (4) month extension upon receipt of a request for extension from the applicant, prior to the twelve (12) month expiration, stating the reasons for the request.  The Planning and Zoning Board shall not consider any further application for the same or any other kind of conditional use for any part or all of the same property for a period of one (1) year from the date of approval or denial by the Planning and Zoning Board.  Time limits with regards to any further applications for the same property may be waived by a majority vote of the Planning and Zoning Board when the Planning and Zoning Board deems such action necessary to prevent injustice or to facilitate the proper development of the City.  Permits issued under a conditional use shall be revoked by the Community Development Services Director in the case of failure to comply with conditions of approval or applicable regulations.  Any discontinuation of an approved conditional use for a period of 180 consecutive days shall constitute abandonment and rescind the conditional use approval. Page 30 of 45 Amendments and Alterations to Conditional Use Approvals • Any modifications to an approved conditional use and any addition to or expansion of an existing conditional use shall require the same application, review and approval as required under this Article for the original approval of the conditional use, except for minor changes. • Minor changes in the site plan or design details of an approved conditional use which are consistent with the standards and conditions applying to the conditional use and which do not result in additional external impacts, including but not limited to, a minor shift in the location of a building or structure, the realignment of parking spaces and aisles, and the relocation of a driveway, may be approved by the Community Development Services Director. Page 31 of 45 Questions THANK YOU FOR YOUR SERVICE TO THE ISLAND CITY Page 32 of 45 COMMISSION AGENDA REPORT MEETING DATE: Monday, August 8, 2022 From: Roberta Moore, Community Development Services Director Prepared by: Evangeline Kalus, City Planner (a) Subject: Article 120 of the City’s Unified Land Development Regulations related to “Variances”. (b) City Manager Recommendation: (c) Report In Brief: Article 120 of the City's ULDRs describes the regulations associated with the processing of "Variances". The Article stipulates that variances may be granted by the Planning and Zoning Board only in the case of an undue hardship caused by special circumstances related to the property for which the variance is sought, whereby the strict application of these regulations would deprive the applicant of reasonable use of the land or building. The Article details the criteria that the Planning and Zoning Board utilizes to determine whether the variance may be approved, approved with conditions, or denied. (d) Discussion: Article 120 entitled “Variances” of the City’s Unified Land Development Regulations (ULDRs) provides for regulations for the processing and approval of variances. Variances require notice of property owners within 300 feet of the subject parcel, a public hearing, and an approval, approval with conditions, or a denial granted by the Planning and Zoning Board based on criteria detailed in the Article. Article 120 of the ULDRs stipulates that variances may be granted by the Planning and Zoning Board only in the case of an undue hardship not self-created caused by special circumstances unique to the land or building for which the variance is sought, the least variance necessary to have reasonable use of the land or building, and the granting of the variance will be in harmony with the general purpose of the Article and the variance will not be injurious to the neighborhood or detrimental to public welfare. (e) Strategic Plan Consistency: Strategic Plan 2021-2026: Goal B – Promote Economic Development and Goal C – Enhance Quality of Life and Livability. (f) Concurrences: (g) Fiscal Impact: (h) Alternatives: (i) Attachments: 1. Article 120 Memo 8.8.22 (2) 2. Article 120 - Variances Page 33 of 45 3. Article 120 Presentation 8.8.22 Page 34 of 45  WILTON MANORS, Island City 2020 WILTON DRIVE, WILTON MANORS, FLORIDA 33305 COMMUNITY DEVELOPMENT SERVICES (954) 390-2180 FAX: (954) 567-6069 TO: Planning and Zoning Board THRU: Roberta Moore, Community Development Services Director FROM: Evangeline G. Kalus, City Planner DATE: August 8, 2022 RE: Article 120 of the City’s Unified Land Development Regulations related to “Variances”. ________________________________________________________________________________ Article 120 entitled “Variances” of the City’s Unified Land Development Regulations (ULDRs) provides for regulations for the processing and approval of variances for any provision of the ULDRs unless otherwise indicated. The ULDRs stipulate that variances may be granted by the Planning and Zoning Board only in the case of an undue hardship caused by special circumstances related to the property for which the variance is sought, whereby the strict application of these regulations would deprive the applicant of reasonable use of the land or building. The Article includes, but is not limited to: Section 120-010 – Applicability  The Planning and Zoning Board may grant a variance for any provision of the ULDRs unless otherwise indicated by provisions of these regulations.  The Planning and Zoning Board is not authorized to review or grant variances which include a request for reasonable accommodation for persons with disabilities. Such variance requests shall be processed by City staff and the City Commission will make the decision as to whether or not the variance will be granted, pursuant to Article 175 of the ULDRs. Section 120-020 – Supplemental application requirements  A site plan showing the proposed improvement as it would be constructed if the variance is granted.  This is in addition to the general application requirements found in Article 065 of the ULDRs which include, but are not limited to, owner’s and agent’s name, contact information, agent and property owner notarized authorization, proof of ownership, legal description, signed and sealed survey current within two (2) years, and description and justification of request. Section 120-030 – Variance application procedure  The Planning and Zoning Board shall hold a public hearing and after consideration of the staff recommendation and public input, if any, may deny, approve or approved with conditions the application for variance, based on its determination of the following: Page 1 of 2 Page 35 of 45  a. There are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to land or buildings in the same district, and that said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building for which the variance is sought, and that alleged hardship is not self- created by any person having an interest in the property. b. The granting of the variance is necessary for the reasonable use of the land or building and that the variance as requested is the minimum variance that will accomplish this purpose. c. The granting the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.  Approval of variance request shall become null and void unless a development permit pursuant thereto is issued within twelve (12 months) of the date of approval of the variance by the Planning and Zoning Board.  The Planning and Zoning Board’s decision shall be recorded in the minutes of its meeting, and thereafter the City Clerk shall prepare, an order to be entered to evidence the decision, which shall set out with sufficient clarity the exact right and privilege given, a correct legal description of the land and the premises affected, and the decision made by the Planning and Zoning Board. One (1) copy of the order shall be kept by the City Clerk to become public record, one (1) copy shall be provided to the Community Development Services Department, and one (1) copy forwarded to the applicant.  Whenever the Planning and Zoning Board has acted upon a variance for property, whether approved or denied, the Planning and Zoning Board shall not thereafter consider any further application for the same or any other kind of variance for any part or all of the same property for a period of one (1) year. The above time limits may be waived by a majority vote of the board when the board deems such action necessary to prevent injustice or to facilitate the proper development of the City. Page 2 of 2 Page 36 of 45  PART II - CODE OF ORDINANCES APPENDIX A - UNIFIED LAND DEVELOPMENT REGULATIONS ARTICLE 120. VARIANCES ARTICLE 120. VARIANCES Sec. 120-010. Applicability. The PZB may grant a variance for any provision of the ULDR unless otherwise indicated by provisions of these regulations. Variances may be granted only in the case of an undue hardship caused by special circumstances relating to the property for which the variance is sought, whereby the strict application of these regulations would deprive the applicant of the reasonable use of land or building. The PZB is not authorized to review or grant variances which include a request for reasonable accommodation for persons with disabilities. Such variance requests shall be processed by City staff and the City Commission will make the decision as to whether or not the variance will be granted, pursuant to Article 175 of the ULDR. (Ord. No. 842, § 2, 6-24-03; Ord. No. 2019-007 , § 2, 10-7-19) Sec. 120-020. Supplemental application requirements. A site plan showing the proposed improvement as it would be constructed if the variance is granted. Sec. 120-030. Variance application procedure. (A) Planning and Zoning Board review of matters that do not include reasonable accommodation requests. (1) For matters that do not include reasonable accommodation requests, the PZB shall hold its public hearing and, after consideration of the staff recommendation and public input, if any, may deny, approve or approve with conditions the application for variance, based upon its determination that: a. There are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to land or buildings in the same district, and that said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building for which the variance is sought, and that alleged hardship is not self-created by any person having an interest in the property; b. The granting of the variance is necessary for the reasonable use of the land or building and that the variance as requested is the minimum variance that will accomplish this purpose; c. The granting the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. (2) Approval of a variance request shall become null and void unless a development permit pursuant thereto is issued within twelve (12) months of the date of any such action by the PZB. (3) In each case wherein action upon application for a variance is taken by the PZB, the decision of the Board shall be recorded in the minutes of its meeting, and thereafter the City Clerk shall prepare, an order to be entered to evidence the decision, which shall set out with sufficient clarity the exact right and privilege given, a correct legal description of the land and premises affected, and the decision Wilton Manors, Florida, Code of Ordinances Created: 2022-05-03 10:03:13 [EST] (Supp. No. 59) Page 1 of 2 Page 37 of 45  made by the board. One copy of the order shall be kept by the City Clerk to become a public record, one copy shall be provided to the Department, and one copy forwarded to the applicant. (4) Whenever the PZB has acted upon a variance for property, whether approved or denied, the PZB shall not thereafter consider any further application for the same or any other kind of variance for any part or all of the same property for a period of one year. The above time limits may be waived by a majority vote of the board when the board deems such action necessary to prevent injustice or to facilitate the proper development of the City. (Ord. No. 842, § 2, 6-24-03; Ord. No. 2019-007 , § 2, 10-7-19) Created: 2022-05-03 10:03:13 [EST] (Supp. No. 59) Page 2 of 2 Page 38 of 45  Article 120 of the City’s Unified Land Development Regulations – “Variances” August 8, 2022 Planning and Zoning Board Meeting Page 39 of 45 Introduction • Article 120 entitled “Variances” of the City’s Unified Land Development Regulations (ULDRs) provides for regulations for the processing and approval of variances for any provision of the ULDRs unless otherwise indicated. • The ULDRs stipulate that variances may be granted by the Planning and Zoning Board only in the case of an undue hardship caused by special circumstances related to the property for which the variance is sought, whereby the strict application of these regulations would deprive the applicant of reasonable use of the land or building. • The Planning and Zoning Board is not authorized to review or grant variances which include a request for reasonable accommodation for persons with disabilities. Such variance requests shall be processed by City staff and the City Commission will make the decision as to whether or not the variance will be granted, pursuant to Article 175 of the ULDRs. Page 40 of 45 Variance Determination Criteria: The Planning and Zoning Board shall hold a public hearing and after consideration of the staff recommendation and public input, if any, may deny, approve or approved with conditions the application for variance, based on its determination of the following: a. There are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to land or buildings in the same district, and that said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building for which the variance is sought, and that alleged hardship is not self-created by any person having an interest in the property. b. The granting of the variance is necessary for the reasonable use of the land or building and that the variance as requested is the minimum variance that will accomplish this purpose. c. The granting the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Page 41 of 45 Variance Application Procedure • Approval of variance request shall become null and void unless a development permit pursuant thereto is issued within twelve (12 months) of the date of approval of the variance by the Planning and Zoning Board. • The Planning and Zoning Board’s decision shall be recorded in the minutes of its meeting, and thereafter the City Clerk shall prepare, an order to be entered to evidence the decision, which shall set out with sufficient clarity the exact right and privilege given, a correct legal description of the land and the premises affected, and the decision made by the Planning and Zoning Board. One (1) copy of the order shall be kept by the City Clerk to become public record, one (1) copy shall be provided to the Community Development Services Department, and one (1) copy forwarded to the applicant. • Whenever the Planning and Zoning Board has acted upon a variance for property, whether approved or denied, the Planning and Zoning Board shall not thereafter consider any further application for the same or any other kind of variance for any part or all of the same property for a period of one (1) year. The above time limits may be waived by a majority vote of the Planning and Zoning Board when the Board deems such action necessary to prevent injustice or to facilitate the proper development of the City. Page 42 of 45 Questions THANK YOU FOR YOUR SERVICE TO THE ISLAND CITY Page 43 of 45 COMMISSION AGENDA REPORT MEETING DATE: Monday, August 8, 2022 From: Roberta Moore, Community Development Services Director Prepared by: Evangeline Kalus, City Planner (a) Subject: 2023 Planning and Zoning Board Meeting Calendar (b) City Manager Recommendation: (c) Report In Brief: Discuss the 2023 Planning and Zoning Board Calendar. (d) Discussion: Discuss the 2023 Planning and Zoning Board Calendar. (e) Strategic Plan Consistency: Strategic Plan 2021-2026: Goal B – Promote Economic Development and Goal C – Enhance Quality of Life and Livability. (f) Concurrences: (g) Fiscal Impact: (h) Alternatives: (i) Attachments: 1. 2023 Draft Planning and Zoning Board Meeting Calendar Page 44 of 45  WILTON MANORS, Island City 2023 WILTON DRIVE, WILTON MANORS, FLORIDA 33305 COMMUNITY DEVELOPMENT SERVICES (954) 390-2180 FAX: (954) 567-6069 Draft Planning and Zoning Board 2023 Meeting Dates Meetings are held at 7:00 p.m. at City Hall  Monday, January 9, 2023  Monday, February 13, 2023  Monday, March 13, 2023  Monday, April 17, 2023 *  Monday, May 8, 2023  Monday, June 12, 2023  Monday, July 10, 2023  Monday, August 7, 2023  Monday, September 11, 2023  Monday, October 16, 2023 *  Monday, November 13, 2023 **  Monday, December 18, 2023 * *Moved due to Holidays. **Tentative pending Taste of the Island date. Page 45 of 45