Title
MOTION TO ADOPT PROPOSED ORDINANCE 2024-06 ON SECOND AND FINAL READING.
PROPOSED ORDINANCE NO. 2024-06 IS AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF PEMBROKE PINES, FLORIDA, PERTAINING TO THE SUBJECT OF ZONING AND LAND DEVELOPMENT; AMENDING CHAPTER 155 OF THE CITY OF PEMBROKE PINES CODE OF ORDINANCES TO UPDATE PROVISIONS AND USE TABLES; CORRECTING SCRIVENER ERRORS; AND IMPROVING THE CLARITY OF THE CHAPTER; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND, PROVIDING FOR AN EFFECTIVE DATE.
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
1. The City Commission at its March 17, 2021, meeting voted to approve the Land Development Code (LDC) update to the City's Code of Ordinances via Ordinance 1963. The intent of the update was to modernize, consolidate and clarify the City 's Land Development regulations. In addition, the LDC update codified the roles of all parties within the development process. On April 21, 2021, the City Commission approved the LDC update effective date of April 26, 2021.
2. Staff is continuously reviewing the LDCs to ensure that it remains user friendly, reflects the latest State Statutes, as well as clarifying changing rules, policies and procedures within the City.
3. The City Commission approved the first amendment to the Land Development Code at the June 15, 2022, meeting via Ordinance 1989.
4. City staff is now presenting the second amendment to the LDC’s for Commission review.
5. The following sections of the LDC are being recommended for changes as a result of this proposed amendment:
- 155.203 - Definitions
• Accessory Dwelling Unit definition modified, Automotive Dealership definition added, Canopy tree definition modified, Car Gallery definition added, Development Permit definition added, Driveway, Residential definition added, Electronic Nicotine Dispensing Device removed, Food Production definition modified, Freestanding Emergency Facility definition added, Hospital definition added, Ice cream truck removed, Mobile Food Dispensing Vehicle definition added, Outdoor Recreational Facility definition added, Paving definition added, Paved surface definition added, Public Hearing, Quasi-Judicial updated, Seasonal Merchandise Storage definition added
- 155.204 - Acronyms - ADU (Accessory dwelling unit) acronym added
- 155.453 - Mixed Use Development (MXD) - Typo corrected
- 155.501 - Permitted Use Table
• Added A/S (Accessory Use / Specific Use Regulations) in the A, R-E, R-1A,R-1B, R-1C, R/MF zoning districts to Accessory Dwelling Unit use and add specific use reference section number, Removed Electronic nicotine device retail sales from table, Added Car Gallery to table, Assigned Special Exception designation (SE) to B-3, C-1, I-L, I-M, I-H zoning districts and add Specific Use section number, Added Freestanding Emergency Facility to table. Permitted Use to A, CF, B-3, PO, C-1, I-L, I-M, I-H zoning districts, added seasonal outdoor storage use to table. Add P/S to B-2, B-3, C-1, I-L, I-M, I-H and add Specific Use section number. Added surgical center and urgent care as permitted uses in the PO district.
- 155.505 - Automotive and Vehicle Dealerships - Addition of standards and regulations for Car Galleries.
- 155.512 - Electronic Nicotine Device Retail Sales - UPDATED TO REFERENCE STATE LEGISLATION.
- 155.518 - Renamed Mobile Food Vendor to Mobile Food Dispensing Vehicles - Removed regulations regarding the licensing of these vehicles, consistent with Florida Statute. Updated location requirements for these vehicles.
- 155.534 - Seasonal Merchandise Storage - New Section - Addition of section to permit Seasonal Merchandise Storage with associated approval process and location restrictions.
- 155.544 - Nuisance Prohibited - Enhancements to nuisance regulations related to sites under construction.
- 155.550 - Limitations of Uses - Restoration of previously removed section of the Land Development Code. Requiring that activities in the B-1, B-2, B-3 and PO zoning districts must take place within a completely enclosed building.
- 155.601 - Requires vehicles to parked on a paved surface - unless in areas obstructed by view with a fence.
- 155.605 - Minimum Off Street Parking Requirements - 155.605 (Table)
• 155.605 (Table) Reduced restaurant outdoor dining parking requirements.
• 155.605 (Table) Created a Food Production / take out parking rate.
• 155.605 (Table) Added Freestanding Emergency Facility parking rate.
• 155.605 (Table) Added Outdoor Recreational Facility parking rate.
• 155.605 (Table) Added Racquet and Paddle courts parking rate.
• 155.605 (Table) Additional standards added for outdoor dining, and recreational use parking.
• 155.605 (Table) Added Place of Assembly parking rate.
• 155.605 Staff parking determination on parking for uses not specifically mentioned.
- 155.608 - Short-Term Parking - Revised short term parking requirements based on building area for out parcel buildings, freestanding buildings, and shopping centers.
- 155.613 - Commercial Vehicle Parking - Modify commercial vehicle parking to allow exemptions for commercial vehicle parking concealed form view by fence, material cover, or commercial copy concealed. Provisions to temporarily allow commercial vehicles in the street.
- 155.614 - Electric Vehicle Parking - Modify EV charging unit number allowed and criteria. UPDATED TO REFERENCE STATE LEGISLATION.
- 155.615 - Recreational Vehicles Parking - Maximum 14 foot height allowance for boats on trailers in residential zoned property.
- 155.620 - General - Accessory Buildings and structures - Addition of Accessory Dwelling Units (ADU), fences and walls, and artificial turf, Addition of regulations for ADUs, Non-roofed Structure (attached), and Artificial Turf.
- 155.620 (Table) - General - Addition of Accessory Dwelling Units (ADU) with zoning criteria, addition of Non-roofed Structure with zoning criteria, modification of walkway size / location for single family lots, modification of driveway coverage requirements for typical lots and circular driveways, and addition of Artificial Turf with zoning criteria.
- 155.621 - Supplemental Regulations for Accessory Buildings and Structures - Clarification that existing R-1Z zoning district setback rule applies to at grade structures, Relocation of artificial turf standards from section 155.665(D), Addition of supplemental regulations for Accessory Dwelling Units.
- 155.636 - Height Limitation Encroachment Specifications- Modify standards for flagpole height.
- 155.652 - Zero Lot Line Homes - Modify standards for opaque, non operational openings on zero lot property line
- 155.655 - Fences, Walls, and Hedges - Addition of standard for finish side location of fence requirement, convert fence maximum height to feet in front yards for mobile home districts, Line of sight requirement for Residential, Height restriction for ground covers, shrubs and hedges.
- 155.661 - Minimum Landscape Requirements - All Properties - Addition of standards for minimum landscape requirements for ground cover, shrubs, and hedges (Species Diversification).
- 155.662 - Specific Minimum Landscape Requirements - Addition of minimum landscape requirements for Townhouse properties, Organization of minimum landscape requirements for Single Family, Townhouse and Mobile Home Lots into a table format, Modify the number of tree required per lot based on lot size, Added requirement that one tree on site must be a canopy tree, Addition of regulation for swale trees requiring that it must be canopy tree, Addition of regulation restricting landscaping from obstructing ground sign information
- 155.663 - Parking Islands - Modify ground cover height to 24 inches for interior parking areas. (Line of sight and surveillance)
- 155.664 - Plant Material Design and Installation standards - Landscape areas shall not be used for parking, modify regulations for category IV trees.
- 155.665 - Non-living Durable Landscape Material Design and Installation Standards - Artificial Turf. Reference section 155.620 - 155.621. Rest of the requirements removed from (d)
- 155.669 - Maintenance Standards - All Properties - Clarified that swale trees must be maintained in accordance with Chapter 52 of the Code of Ordinances.
- 155.674 - Tree Removal or Relocation Permit - Remove application cost for tree removal permit from Code. Reference Planning and Economic Development fee schedule for tree removal permit cost.
- 155.699 - Permanent Signs - Modify service station wall sign square footage requirement and add regulation requiring concealment of conduit and wires.
- 155.6100 - Permanent Signs - Supplemental Regulations - Correct typo for letter height on service stations canopy (36 inches)
6. City staff provides a separate attachment which outlines the specific changes to the Code by section in strikethrough and underline format.
7. The City's LDCs can be found in Chapter 155 of the City Code of Ordinances. A user friendly, PDF version, of the LDCs as well as a history of LDC adoption process can be found at the following web address: https://www.ppines.com/1357/Land-Development-Code.
8. Exhibit A of the agenda item provides a strike through and underline version of the proposed amendments for Commission review.
9. The Planning and Zoning Board, at the March 14, 2024 meeting, voted unanimously to transmit the proposed amendments to the LDCs with a favorable recommendation.
10. The City Commission at its May 1, 2024 meeting voted to pass Ordinance No. 2024-06 on first reading.
11. The following changes were made to the proposed city regulations between first and second reading. These changes were made to reflect recent legislation changes at the State level:
• 155.512 ELECTRONIC NICOTINE DEVICE RETAIL SALES
(A) Regulation of the marketing, sale, or deliver of nicotine products and nicotine dispensing devices, including electronic cigarettes and similar device or product, is preempted to the State pursuant to Section 569.315, F.S. .
• 155.614 ELECTRIC VEHICLE PARKING
(A) Regulation of electric vehicle charging stations is preempted to the State pursuant to Section 366.94, F.S. .
(B) Operators of electric vehicle charging stations must apply for a local business tax receipt or use permits in compliance with ch. 115 of the city code of ordinances
12. Administration recommends adoption of Ordinance No. 2024-06 on second and final reading.
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: None.
b) Amount budgeted for this item in Account No: Not Applicable
c) Source of funding for difference, if not fully budgeted: Not Applicable
d) 5 year projection of the operational cost of the project: Not Applicable
e) Detail of additional staff requirements: Not Applicable
FEASIBILITY REVIEW:
A feasibility review is required for the award, renewal and/or expiration of all function sourcing contracts. This analysis is to determine the financial effectiveness of function sourcing services.
a) Was a Feasibility Review/Cost Analysis of Out-Sourcing vs. In-House Labor Conducted for this service? Not Applicable
b) If Yes, what is the total cost or total savings of utilizing Out-Sourcing vs. In-House Labor for this service? Not Applicable
BUSINESS IMPACT ESTIMATE:
Pursuant to Section 166.041, F.S., a Business Impact Estimate (BIE) must be prepared for certain ordinances that impact the operations of local businesses.
a) Is a Business Impact Estimate (BIE) Form attached to this Ordinance? Yes.
b) Is this Ordinance exempt from requiring an Business Impact Estimate (BIE)? No.