Planning and Zoning Advisory Board - Regular Meeting

No, not November. September 8th, 2026, planning a zoning board meeting to order today at 6.13 p.m.

Roll call.

Ms. Augustine. Here. Ms. Cox. Here. Mr. Neely. Mr. Neely. Ms. Moss.

Ms. Moss.

Mr. Florence.

Mr. Florence.

We have quorum.

Pledge of Allegiance. Pledge of Allegiance. I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

Amen.

Opportunity for public suggest the board. OK, seeing none. Approval of business August 30th. Motion. All in favor. OK, we're going to. Circle back to the public hearing for site plan approval. We'll move along to the text amendment, closed section 42-27.

Good evening. My name is Judith Frankel, Planning and Zoning Director. We're bringing... two ordinances to you tonight for review. This first one we're gonna discuss has to do with driveways. The purpose of this is to take information that is in several locations throughout the code and bring it together to consolidate it in a more readable, usable location and consolidate the text to make it more user friendly for the general public. Okay. So driveways. Information on single-family property driveways can be difficult to locate in the Code of Ordinances. Information on all development types is combined in Chapter 20, which is the Land Development Code. lots of municipalities have been moving towards having just either a land development code or a zoning code and not having both. Land development code goes over all of the different site plan requirements and it places all the information that has to do with driveways for your building, you know, a public shopping center right next to the single family. So it's all kind of combined in chapter 20. All the other residential requirements for single-family or two-family homes is found in Chapter 42, which is the zoning code section of the Code of Orders. Homeowners often are doing the permitting themselves for new driveways. If you own your own property, you're allowed to do owner-builder. We get a lot of residents who come in to the building department looking to do this process themselves. And it could be quite confusing. We don't have a specific section to point them to specifically regarding driveways. So I'm not going to read through all of this text, but you can see in chapter 20, there's information about these driveways in various locations. So unless you are a skilled developer and you know what you're looking at, it can be quite challenging. And often I'm explaining the requirements to people, but I don't have a consolidated place to point them to. So for example, like... So the third bullet point down under Section 192B, minimum driveway spacing between droids of adjacent single family or duplex lots shall be five feet measured between the closest edge of the first driveway and the closest edge of the second driveway. So what does that mean in practicality? What is it people want to know? You have to have a setback of two and a half feet, and your neighbor has to have a setback of two and a half feet, so then your driveways are five feet apart. The way it's explaining that requirement here is a bit dense. So when we get to it, you'll see where we've changed the setbacks. Not changed them, but explained it in a more easy to understand. Okay, so that was Chapter 20, the Land Development Code. This is Chapter 42, Zoning Code. These are things that are already in the Zoning Code where it's going over the material that the driveway can be made out of. Then it talks about here, again, we talk about two and a half feet, driveways and parking spaces for one family attached and detached dwellings, separate plots or lots of records should be set back at least. two and a half feet from any side property line. So there's an easier way to say that, which is you need a minimum two and a half foot setback from your side property line for a single family or two family lot. And then here, section 42, 612, then it talks about how much parking you need onsite. So this is our proposal here. It takes a lot of that information. It puts it in a section of the code where we're already talking about accessory structures. You want to put a shed on your property. What are the dimensions? What are the setbacks for that? It puts it kind of in a logical location for people who are looking, say, I'm interested in driveways. They can put driveway in the search bar, and they're going to come up with a section that tells them exactly what they need to put on their permit. So required driveway dimensions for single family or two family, two unit properties. Each property may have one maximum 24-foot wide driveway entrance or two 12-foot wide entrances. Minimum driveway width is 10 feet. So the smallest you could have is 10 feet. The largest you could have is 24. This is the regulation currently. It just doesn't clearly state it like that. And then underneath number one is A, properties with two or more suit frontages, so a corner property. may have one additional driveway or 12 feet maximum if staff determines there's no negative impact to the public right-of-way. That is a Scrivener's error. I'm just going to point that out. May have one additional driveway of 12 feet maximum. So the staff determination is going to come down mainly to the city engineer to make sure there's no conflict with the intersection or water meters or anything happening in the driveway. Two driveway entrances must be separated by 35 feet and measured from the center line of the entrances. So what this means is if you have two driveways, you want to do like a circular drive, like a semi-school, a lot of people prefer to have, they cannot be close to each other. They're going to have to be from the center point of each driveway, the drive measured 35 feet, and you'll have to show that on the, So that ensure you're going to get like a landscape island in the middle so you're not going to have, you know, solid concrete in front lawn. EACH DRIVEWAY ENTRANCE MUST BE SET BACK TWO AND A HALF FEET FROM THE SIDE PROPERTY AND MAY NOT INTERFERE WITH WATER AND SEWER INSTALLATIONS. THAT PORTION ABOUT NOT INTERFERING WITH WATER AND SEWER IS ALREADY IN THE CODE. THAT'S SOMETHING THAT THE CITY ENGINEERS LOOK FOR. BUT IT'S SOMETHING WHEN PEOPLE HAVE THEIR PROPERTY SURVEYS, IT'S EASILY SHOWN ON THERE SO PEOPLE WILL UNDERSTAND, OKAY, WE CAN'T PUT THE DRIVEWAY. Or anything that I have a conflict. A driveway must be located at least 25 feet from an intersection. That's for line of sight, no conflict between the cars. Additionally, the driveway approaches must match the on-site driving route. A separate right-of-way experiment is necessary to perform work in a right-of-way. Most people don't realize if you're redoing your driveway, that means you're trying to fix it. to be approached, which is in the right of way, usually the area.

I can hear everything they're saying, but they're not able to hear me.

You're adding a second driveway. You're going to need a second. So and that's a like the church by the city engineer to make sure this is so the water is draining correctly and that there's no is what it is is public right.

Hold on.

So this is the proposed regulation. So you can hear, right? The room here was it takes up that.

But the machine doesn't shoot to the chamber.

And this is to an idea what's allowed versus what's not allowed.

Oh, yeah. You know what is going on.

Yes.

The system picks it up. But the system doesn't shoot it out to the person. The people say, you know what I'm saying.

They're going to be able to accommodate cars there.

So he's still there. Let me get back to you later. OK?

Where is their neighbor? Um, you know, it appears from the imagery that the whole front of the property is paved. Um, which would is is not allow would not be allowed with the code change. Um, again, you can see the other 2 examples. One where it's you know most of the front yard is paved brick pavers and the other one they have two coaches, but one is clearly much too wide. So it doesn't fit within these environments. OK. OK, so the task is not permitted.

The bottom one you could hear what she's saying.

entrances, it's set from property, this property on either side, extended it further into the property. So you probably fit, you know, three more cars, two or three more cars on that in the front yard. Do you have questions? We're here for discussion. This has not to City Commission yet. So feedback you provide, you know, we can make as part of the recommendation to City Commission.

Yes, I have a few questions. So the first being, what is the total size of a lot in West Park? A single-family lot.

There's a variety. The smallest that are single-family are usually 5,000 square feet, and then they go up from there.

So 50 by 100 roundabout?

Yeah, but I wouldn't say that it's necessarily the typical. There's sections where it's platted like that, and then there's places where it's 7,500. I would say in that range is probably pretty typical. 6,000 square feet maybe is the average. There are some that are larger. Okay.

Yeah, I've got a few comments regarding the setback from the property line. I've typically seen 5 feet, not 2 1⁄2, so that was a little different. The 35 feet in between the driveways, are you talking about from the outside driveway? Because looking at the second example here, That's not 35 feet in between the two driveways.

So I'm actually not sure exactly the width of this property, but if you have a 60-foot wide property, so 35 feet, and so what I'll say is I took the regulation that is already existing and put it in one location. So it's... If you would like to make improvements to it, we can talk about that too. But the 35 foot, it's from the center line. So if you have a 12 foot wide, two 12 foot wides, you're measuring it like six feet in the middle of that 12 foot to the middle of the other driveway, and that's the distance. So in the middle between the two, it's 29. So really in order to have the circular, drive you need a 60 foot wide property on a 50 foot wide property it doesn't really fit like that um and the idea there i'm assuming is to have that landscape island so you're not having you know too much concrete on the front of the property um you're correct i agree with you said about the five foot setback that's typically what i've seen other places um This code specifically says two and a half feet, but I think you know. That could be an area for discussion. And then if you wanted to change the center line, that center line measurement to something different for single family and two family, we would probably have to adjust the other section code as well, at least to delete it from there in reference to single family and two family and then put in a different requirement here. If you want to take that for single family and two family properties.

Okay, yeah, because I don't understand the center line. It's confusing me. If I don't understand it and I'm a planner, the layperson's not going to understand it. I mean, of course, I guess once it's further explained, but it's not very clear as to what that means.

So this may be a little bit better. That blue, I mean, it's not exact, but it's showing you're not measuring necessarily between The two driveways, but you're measuring from, like, the midpoint of each one.

The midpoint of the driveway or the midpoint of the lot?

The driveway. So the center line of the driveway.

So it has to be 17 1⁄2 feet from the center line on both sides? To the middle, yes. To the middle, yes. So it's going to be one by 17 the other way. It's going to be the third floor.

So it may be clear to come up with a number to separate the driveways by.

Yeah, I will have to do the math to give a good answer. I know one city that I work for, This had like a minimum square footage for the landscape island. It didn't have any like dimensions in between. And I kind of make a little bit more simple.

So what I tell people when they come in is that where we're measuring that width from, what the code says to measure the driveway width is at the front property line. So in some cases, the example where there's one driveway, if they say their whole backyard is unpaved, if they wanted to have, because you still have to meet your area requirements, if they wanted to have more of their front yard paved for either a patio or to vehicle they could. It's just that portion where it's crossing the property line at the where it meets the sidewalk. That's where our measure that distance. Because the our code does not have. Any open space landscape requirements for the frard? So some places you'll save percent of the front yard. Only maximum 15 can be paved. We don't have a requirement like that or a certain amount. You know landscaping. The square foot of the island is another tool that I've seen. I think the idea is that you'd want some landscaping. You want some greenery at the front of the property, not to have it solid concrete. But the code at the moment doesn't break in that way.

OK. Yeah, because with only 2 and 1 half feet on this side and just, I guess, minimal amount of air for the landscape element, I mean, there's potential to have a large portion of front yard paved. So I do think, because I want to add a question too, if there was front yard pervious requirement, I think that should be, this is just about talking about the distance, right, or the dimensions for this particular update, right? Right. Or just front yard driveways just in general.

Yeah, well, single family and two family. So we're not talking about any kind of commercial pretty or multifamily or anything like that. And if you have a corner lot... There are sometimes situations where you could have a driveway that could be considered your side yard, depending on how the property is configured. But most probably is going to be the front yard where you put your driveway.

OK. Yeah, I mean, currently, and then, well, before I go there, the other you mentioned about a corner lot. Let me see. What was it? Driving must be at least 25 feet from the intersection.

Mm-hmm.

I will have to see an example of that to just fully grasp in my head what that would look like.

Okay, so the 25 feet from the intersection, again, that's in the land development code. So you remember that section of the code is written by engineers. So the idea is you don't want that driveway to close that corner, but that 25 feet is really measured from the intersection, not from necessarily the corner of your property, because the idea is you don't want anybody backing out at the same time somebody's making a curve. And that's part of the code now. So it doesn't necessarily mean you have to have 25 feet from the edge of your property for that. It's from the... Yeah.

Yeah, I still have to see an example of that. Okay. I mean, as of right now, I'm not... sold on these modifications i know you just really didn't make many modifications you just put together like one area i think there's some work that needs to be done to this section um just to make it more um cohesive as it is to have an ample purview in the front yard and making sure the numbers all make sense um And a little bit more, I guess, user-friendly as it relates to understanding of the addition of the code. So those are my thoughts as of right now. I don't know if anybody else has any questions.

But I have a question. One thing you mentioned as far as we understand the pervious versus non-pervious. So most people, well, I won't say most people. Some people go with this. I have a larger... front yard driveway for parking purposes. So I want to make sure I'm clear. As far as the 12 feet, the 24 feet, that only pertains to the opening, not necessarily the whole parking area per se.

Correct. That's how it is now. So if you look at the driveway where there's two driveway entrances, they have a large portion of that area paved. You could, I don't know how many, but more than two cars, right? So because we don't have a previous area or landscape requirement for the front yard, we're only looking at the overall previous requirement for the property. So you have to have 40% previous for the property. You know, maybe their entire backyard is open, you know. But that's you have to provide those calculations when you submit for the permit.

So the image to the left is allowed is, you know,

Yes.

And that's because one side is 12 foot, the other side maximum is 12 foot.

Yes, and then they've put that landscape island in there so it's set back from the property line from the front side where their property line is. So we don't count the whole thing as the driveway, as the two driveway entrances onto the property, and then they have more paved in the front, which they can park vehicles on.

Okay. Now in this example, the 35 feet. From the center line would apply to this.

Yeah, we would be looking for that on the permit, yeah. So the the question that asked earlier is like on a 50 foot wide property. You can't get all these requirements in there unless you do to tell it, but the you two and a half feet on either side. So that's 5 feet and then you do 12 feet driveways, so that's. 2929 feet. Then there's not really enough space, but if you have 60 foot wide property, then you can get all the requirements in there.

To have that 35 foot you using that example, you just you started using you have 22 feet, which gives 5 feet. Then you have what it was at 212 feet give you.

Yeah, so 2024 plus 529. So if you're at if you have a 50 foot wide property, then you only have 29.

You have three you have 11.

No, it is not.

Thank you. Yeah, two and eight, two and a half feet, five feet. Then you have the 12 feet, which is going to be 24 plus 5, 29, subtract 29, 15. And that would be the middle. Two. You have to have a 35 because you have to have a 35, right?

Oh, a 35.

Yeah, let's see. That's 12. That's 47. You need a 5B when you're older. My question asking because most of lots in West Parker like 50 right? If I'm not missing their 50 feet, they're going to cause a problem for parking. You know, so if someone had 50 foot lot, they're not going to put two driveways.

Right. So, but this is just to include this regulation. Now, what I would recommend somebody in the situation is to do what's the, the other side of your screen to do one 20. And then you can do more of that front yard. They could make an L shape to come out and to have another parking space. If that's what they're looking for.

Oh, to make it like a, cause right now. Okay. So like a half a.

We lost the screen. Let's go back. OK. Because provided they have the 40% pervious elsewhere on their property, right now it's just like a straight shot back to their garage, which is enough for some people. But if you wanted to get a third parking space on, you could have a driveway that, you know, another parking area that comes off the side. So you do a 24 with a little extension. You just can't make that turn to come back to the street. So if somebody's blocking you in, you've got to get somebody to move so you can get your car out.

And then there's still a concern because some of the older houses, some of them are built closer to the front line, so it's hard to even get anything to the left, to turn to the left, like you're saying the L. So that just concerns me because I know that we already have a parking problem and I know that most of the lots are 50 feet. So maybe making, because it's 50 feet, making it 33 feet and still having those side setbacks of two and a half or even making it smaller to do a five foot setback on the side.

Okay.

Yeah, something of that.

Which of those options? I mean, I guess you want to say which of those options you prefer or that's agreement amongst the board because then we can make that recommendation and I can look at the other section of the code where we can tweak that to make that work.

I think because my suggestion is because it's 50 feet, just leave the sides at two and a half and make the middle 33 instead of 35.

So that it could be accommodated.

Anybody else?

I guess when you make a motion, if you would include that in the motion.

I still have questions. So one thing that I thought about when Mr. Florence was speaking was so for any of the driveways, the two-way or the one-way, so the two-way, for instance, is 12 feet at the property line. but there's no, there's nothing else that prevents them from going up one inch and then paving the rest. Like the dry, the lens of either can be like, you know, a slither, right? So I do think it should be maybe go up five feet and then, you know, the rest could be paved or whatever the case may be. Same with the one way. Because like I said, there's nothing that tells them that they'll just go up an inch. And it's like, okay, I have a landscape island. And the landscape island is only like 30 inches or something. And, you know, that's my landscape island. So I would include that as well. Hello? And I mean, I'm not opposed to the 33 feet just so that the 50-foot lots could fit the two driveways. I'm not opposed to that. But yeah, like I said, I think I feel like I need, I don't know. Yeah. Okay, I would say better than the five feet up from the property line. So you have to maintain that width at the proper length in the first five feet, basically.

Okay. Okay.

What is the front setback? Well, I know some houses may be considered not conforming, but what's the typical front setback?

25 feet. 25 feet?

Mm-hmm. Okay. Nope. I'm trying to think. Okay.

Okay.

I don't know. I'm not, I'm not a really big fan of like the whole front yard being paid.

I'm not a big fan of that.

And this property right here that you're showing on the left, I'm not sure like how large that property is, but they can fit a lot, a lot of cars. Um, so I would look into potentially, I would just have to see what that would, that example would look like. But like I mentioned, typically 50% for your previous requirement.

Um,

for single family homes and duplexes.

So when I bring this to the city commission, I can make that point. I mean, I think for them to consider, okay.

I mean, I would say as a caveat to that for lots that may be, or houses that may be closer 25 feet to the front yard, then there could be some reconsiderations of the 50% purpose.

I don't know.

I'm just throwing things out there. I mean, they probably could get a VAERS or something, I guess, at that point.

Yeah.

Or adjustment.

There's very few that are less than 25 feet. Most of the houses that I've come across are single family, especially are 25 feet setback. That's been the norm since this Brown County. Okay, gotcha.

. . . . . .

Yeah, it's on the agenda. It's a discussion item. So I was told that you don't need to make a motion, but you don't need to make a motion. No, this is going to be on the city commission agenda next week. So I'm going to take your feedback and add that for first reading. I haven't done a first reading yet. So we'll take the feedback. I'll present that with this presentation to the city commission with your recommendations and they can decide whether they want to incorporate them or make their own changes before a second reading.

Well, I would go on, I would like to go on a record. I wouldn't, um, the 50%, I guess previous, I don't know if I would, I don't think I would support that personally. Um, I think then you'll find people parking in the swells or parking behind vehicles, uh, blocking the sidewalk and the approach. So I prefer to have them park their vehicles in the yard opposed to, uh, you know, blocking the sidewalks as you see, oftentimes in some cases where, and I guess they have four vehicles, they trying to park. So I'm kind of open to the idea as a Ms. Cox, I guess, um, put out there, uh, I guess what it was making it 33, uh, reducing it from the 35 to the 33. And, um, the idea of having maybe a setback, or the five feet. So you don't have, you know, at least the one foot, uh, to the sidewalk. So, you know, I think five feet is probably appropriate before you make the hail, but it still allows you to, you know, possibly fit three or four vehicles in your yard, opposed to blocking the sidewalks.

Okay.

There's my opinion.

Any other feedback? No?

Okay, so I guess we can, I believe the applicant is here, so we can move back to item number one. Then we'll go to the other text amendment. Okay, site plan approval, 4010 Pembroke Road, presentation by Planning Department staff.

Hello, hello, hello, hello.

Wait. Technology is okay? Okay. Again, Judith Frankel, Planning and Zoning for City of West Park. This is a site plan application, 4010-4012 Pembroke Road. The applicant, property owner is Capital J Developments, LLC. The owner is Jermaine Fearon. This is a site plan for a parking lot. There are existing structures at the property. The site area that we're going to talk about today under this site plan application is 12,680 square feet, a little more than a quarter of an acre. It's in the TOC, Future Land Use category, and the zoning is TOC 3. Okay. And this is the site. As you can see in the blue box, part of the existing commercial building, that structure is present. It's not going anywhere. A little bit about the history here is the owner wanted to get building permits. He wanted to open up establishments to be able to use the space and was told by Planning and Zoning that in order to do that the site would need parking. The building there that's as part of this development has been there some time. It needs renovations. If you're familiar with the property, you've seen it from the street, you know that it needs renovations. We stopped them from being able to pull building permits until we could see that the site would really be usable. So we told them they were going to have to have parking and they had to come in for site plan approval to construct the parking that's going to be needed. So the property owner is aware that he needs building permits and that there are renovations that are going to be necessary before the building can be usable. But we wanted them to go through this step of the process first to ensure that they were going to be allowed to get the parking that they're seeking that would support those commercial uses. So right now the property is everything we're talking about is six parcels. You see there's small parcels and it would be very difficult to do anything individually with any of these parcels. So we're going to, you know, kind of review this one whole site. This is the exterior view looking west on Pembroke Road. When you see the property from the street, there are actually three addresses on it. Only two of them are part of the site plan approval. owned by the subject property's owner. The third address in this row is under different ownership and is part of a different property. So in this picture, you can see there are two, there's those three metal kind of barriers from the road. There are two doors there, one with a gate on it and then one that's a little bit boarded up. And those are the two commercial addresses that the parking lot is meant to support. And this is the view of the property looking east on Pembroke towards 95. There's a vacant lot that comprises four of those parcels. That's the area that's going to be the parking for the two commercial entities. Okay, so this is a look at the site plan. The two things in red, those are those existing commercial structures. I'm actually not 100% sure whether they're two individual structures or they're all structurally one. Okay, they're all structurally one. That third one, when you look at it from the street, looks almost like it's part of the same, but it is structurally separate. So these two, the easternmost portion The owner is intending to turn that into a motel with six, seven units, and then the other portion of the property will be retail, which hasn't been identified yet. So in order to support these two uses, there's required parking, and that's what this site plan is for. So you can see they're adding 20, in this site plan they're adding 20 spaces. I'm gonna go over some of the conditions, I'm gonna go over all the conditions with you, but specifically relating to the site plan. The entrance and exit to property, which they have a curb cut now, is from Pembroke Road. None of the customers or employees will be using the alleyway. And the city's preference now is to have trash pickup from Pembroke Road and not from the rear alleyway. I've been in conversation with the applicant's representative who is here about potentially relocating one of the parking spaces that you see, the space that is closest to Pembroke to the east, right at the edge. to the west, northwest corner of the property that's close to the sidewalk about relocating that one space that would take them down to 19 parking space, although they have other space on their property to be able to relocate that parking space. I'm just going to go over some of the development standards for the parking lot. They're not building a building, so there are no setbacks. There's no height that they're adding. It has the buffer for the parking lot, the required 10-foot buffer for the parking lot. They have the requisite pervious area for the site. They have more parking than is strictly required for general commercial, which could be retailer office in the TOC, three spaces per 1,000 square feet. With the buildings about 1,900 square feet, we would ask for six parking spaces. They have 13 at the moment. And then with the motel use, it's seven spaces for seven rooms. So if they decide to do six, then they have one more than they need to, but they could have up to seven. So they have more, they're providing more parking than is strictly required. So if we have to lose one parking space or relocate it, it wouldn't be a problem for their plans for renovation of the existing building. So I'm gonna go through the conditions. recommended conditions for the property. There's quite a lot of them. The main thing we're trying to ensure, and the property owner is here and he can speak for himself, but that the city, we went to the development review committee, wanted to ensure that the existing commercial structure gets renovated externally and that they pull the appropriate building permits for internally. We have every indication that's the intention of the property owner and that's their plan moving forward. What the city would not want is for them to come in and get a permit to do the parking lot and then use the parking lot for other commercial properties. We want to ensure that the parking lot is serving those commercial properties. Okay. So we are recommending a pull of the site plan subject to the following conditions. One, the existing structures must be painted in accordance with TOC paint color requirements. Building permits to improve the interior and exterior of the existing building must be submitted concurrently with parking lot permits. A certificate of use for any business in the existing building may not be issued until the permits for work at the building and the parking lot are closed. Prior to the issuance of a certificate of occupancy, property owners shall record either the unification of the subject parcel or a cross-access agreement to ensure the parking lot serves the existing structures as intended and in perpetuity. The parking lot area surface shall be improved e.g. black topped and striped in accordance with the site plan submitted with this application prior to the issuance of a certificate of use. So there again the idea is that we're not going to let them open the businesses until the parking lot is built and that the parking lot permits have to be opened at the same time as at least some of the permits for the work at the structure. So we're ensuring all the work is happening not simultaneously but Right after each other typically you're not going to finish a parking lot You know you're gonna start with you're gonna start in the building first And then you're gonna do the parking lot so you can get your work vehicles in without missing up your you know your new asphalt But from a permitting standpoint we want to make sure that these things are happening at the same time just to ensure that the The building is getting renovated and the parking lot is being used for those buildings Okay The site plan shows 20 parking spaces. The number may be reduced to two spaces to accommodate vehicle travel as directed by the city engineer. When this gets reviewed at permitting, we wanted to give them a little bit of leeway if the city engineer needs them to move things for drainage or for other purposes. Mostly we're concerned about vehicles turning in off Pembroke and being in conflict with somebody backing out of a parking space. Ingress and egress and on-site circulation shall be properly marked on paved surfaces and indicated through approved signage. This shall be reflected in the plans at the time of building permit application. The site shall provide sufficient permanently marked with loading and unloading area in accordance with the code. A dumpster and dumpster enclosure are required and shall be properly permitted and provided in accordance with the city code. Parking vehicles in drive aisles and unmarked areas, swales and other right of ways is not permitted with this approval. Violation of this condition shall result in a penalty including and not limited to 500 per incident or revocation of business tax receipt license. Calculations must be provided at time of permitting to confirm adequacy of retention area. If area is deemed insufficient, additional drainage system improvements may be required. The final grading and drainage of the site design shall be submitted at the time of building permit application and in accordance with Broward County surface water management requirements. Plans shall ensure the site is in compliance with all on-site stormwater mitigation and drainage requirements and all drainage will be contained within the site and not drained to the street. A stormwater pollution prevention plan will be required for construction projects that disturb more than one acre of developed or undeveloped land. The owner slash contractor where applicable shall implement and strictly adhere to all necessary best management practices in accordance with NPDES requirements. Ensure all fire department requirements are met during the time of building permit. Containers shall not be permitted. Any existing containers shall be removed prior to the issuance of the certificate of occupancy. Violation of the condition shall result in a penalty including and not limited to 500 per incident or revocation of business tax receipt license. Canopy shall not be permitted. Any existing canopy shall be removed prior to the issuance of the certificate of occupancy. Violation of this condition shall result in a penalty including and not limited to 500 per incident or revocation of business tax receipt license. Landscape plan will be required at the time of permitting for the parking lot. Landscape areas must be maintained at all times during business operation. Ensure landscape buffer is in good condition and in a manner which provides adequate screening. Banner and pennant signs shall be prohibited. Violation of this condition shall result in a penalty including and not limited to 500 per incident or revocation of business tax receipt license. Flags shall be prohibited unless on flagpole. Violation of this condition shall result in a penalty including a not limited to 500 per incident or revocation of business tax receipt license. All signs on the property shall come with the code and application for a sign permit shall be submitted for approval. Prior to the issuance of a certificate of occupancy, the property owner shall record this adopted list of conditions at the Broward County Records, Taxes, and Treasury Division. All standing fees fines to include code investment, fire fees, stormwater fees, solid waste, business tax receipt fees, and per fees shall be paid, settled before any building permit or strategic use or business tax receipt is issued on the pre, if any exist. That's the whole list. I'm here for any questions. The applicant's representative are here as well if you have questions for them.

Thank you. I'd like to open up this meeting for a public hearing for this item. Seeing none, I'd like to close the public hearing. Deliberation is recommended by the board.

Madam Chair, question. I understand you to say that the structures that to eliminate this parking is to be a hotel that's not yet been built or structured. But they should be done simultaneously with the parking, somewhat close to the parking being. I'm just trying to understand whether what should come, what sounds practical to come first, the building or the parking.

So let me put up there. The buildings are there now. They're not proposing to do any new buildings. The building needs to be renovated. And or they were allowed to get permits to renovate them. Usually when we see a permit for a commercial, we'll look and see is there an existing VTR, existing sort of use for the property. So we know the intention is. When there isn't one, sometimes we hold the permit until they get like a zoning review or some kind of approval to say, okay, we're not gonna somebody renovate a property to be to open a business if we know we're not gonna let open the business because they're not meeting all the requirements. So they went to apply for, and you can correct me if I'm wrong, They came in live for a building permit and then they were zoning who said, well, but you don't have any parking. How you operate businesses here without any parking to go with the businesses because there are parking requirements. So that's when the process held up. So they were, you know, they want to renovate the property. They're not, the buildings are not getting any here. They're not expanding. They're just going to be renovated. Does it help her?

Well, it explains what they're doing. However, the parking, is it commercial parking or public parking?

I mean, I wouldn't call it commercial parking because the use is not going to be parking. The use is the motel and the retail, and then there's associated parking that goes with those uses. So they would not be allowed to, I mean, I think a commercial lot would be, say you're going to the beach and you pay $5 to park in the lot. It could not operate as a standalone commercial parking lot, right? The parking has to be associated with the uses which are allowed in the zoning district. So the motel and the either retailer or office use. So we have to show you what they're doing to show that the parking calculations are correct. But this is the parking itself is not a standalone project. It goes with the commercial uses.

I have a question. As far as the exterior, the front, do that have to be reviewed by the planning board as far as bringing it up to what the current TOC requirements are?

So it's a legal non-conforming structure. If they were going to build new there, right now there's a zero lot line. There's no setback at all in the front. If they were going to build a new building, you would need several variances to get that structure there. But it's an existing, the structure is legal non-conforming. So in terms of the exterior design, There isn't anything that's going to come before you for those, unless they're to tear it down and build new buildings. The DOC paint colors know that the building needs to be painted to ensure that they do it in the paint colors required. I also believe they're putting on new windows and doors, but that's not going to come for you. This would just be part of their, you know, their building permit process.

Second, the use as far as for motel, is that, that's about right use as well?

Yes, they don't need a special exception for that.

It looks like the interest is from there. Is that correct? Or the establishment?

If you go to the microphone and then your name and address for their record.

From the engineering office that I'm working with during the property owner. and the adjacent property um In that room would be the access to the unit. So there'd be like a set room level where you've got this open-air access door to each unit. There's one front entry facing Pembroke, which would be the principal office, controlled space. That door is on Pembroke, and then we do have rear access to the driveway and the property as well. So the general idea is... And then what we. proposed with the ADA parking is a room where we would have to meet those conditions in the accessibility code. So we've got an accessible parking space in the rear of the property and one at the front. So that way, if she's using the room and they're needing some type of means of accessibility, they're traveling too far. We do plan on reworking the front building. In the plans that were submitted in partnership group, they're in different levels of approval and essentially stopped the design for the zoning and conditional apartments. We do have storefront windows and doors going in on that office space to clean up that area. The other space has already been completed. So in that image showing the The front of the property, where things were boarded up, a permit was pulled to change those doors and windows already on that side, where that space is not being touched or changed, staying as is, but the windows and doors are already replaced and they look good. We'll do that as well for this side to make sure we address cleaning up the property. And then in terms of painting, we'll go through the requirements of paint colors and selection that goes along with something that's been designed for the building to ensure performance. Do you have no issues with that? What you're asking about permits, what's worse, the idea is to run them concurrently. Do you need parking to operate the building? We actually had, partially in early work, or start working, Because at the early stages when we started this process, it seemed like everything was going to get approved. And it got stopped in the zoning deal because of the parking conditions. Previously, the lot had access through the building, and we were told that they don't want to use the alley for access anymore, so that's where we needed to meet the condition of how would we get the property, and not just use the space that it has, maybe parking, but actually, you know, retaining the spaces next to us and creating parking. So the parking lot is not a standalone commercial parking space. It's to operate as a part of a private commercial park. So that's the way.

Just to be clear, the breezeway that you referred to is to the east?

Yes, it's the east. Where this red line is, it's right over the breezeway.

Can you see the cursor on the screen? Yes. It's this kind of...

There you go. That hatch is the breezeway. Okay. And then that blue line is the exterior wall, and those are the doors that enter into the unit. And then you have a door from...

Is that pretty visible from Pembroke Road?

The breezeway is visible. Currently, it's bordered over since the property needed to stop access. There's actually a gate there, a picket stop gate that's there to stop people from wandering around. It does have security. It doesn't have a bar now for a panic bar for neighbors, but that will be added in once the mom crossroads in. Got you. So it'll meet all the accessible and life safety means for entry and exit. And then we are also doing a park sprinkler fire line. And those plans were already conceived.

I have a concern regarding, because this building is a one-foot building, but there's another tenant that's not a part of this project. The concern that I have is painting the building, the portion of the building that is for this project, and then it's mismatched the other one. I don't know what the paint color palette is, if it could potentially, I don't know, hopefully it aligns with what the current paint is on the building. Yeah, so that's a concern that I have. And to be quite frank, I'm not going to pose this as an actual recommendation, but I would like the building to be, the facade to be fully renovated, but because, like I said, because there's a separate business that's not part of this, then it would be like, once again, a message of this business and the adjacent business. Because the business is not currently visually appealing. So yeah, I just want to put on the record, it's not like an official recognition, but I do have concerns regarding that. Okay.

Because our innovations But is it cohesive to what these other property I the other property, it does have a separation because of that bruise wave where it's not a direct continuous line. The only thing that actually makes the continuum of the line is the mansard root. So you've got these two extrusions that come out from the root point that separate the destination of each base. When you look to the property which you can't see here, the The man's line doesn't make that if you look at traditional grounds or commercial buildings where you have rural south structures, you do have that condition where buildings may have different color or different paint scheme. The goal would be to pick something that ultimately would be the city that's being used now. So it would probably be light. The color would be something assuming the code would be something not too reflective. So you're saying the other one is not connected. Yeah. The roof.

Okay, I'll have to see that.

It's a faux, it's just a visual.

It's a decorative front line. I mean, that Bruceway ceiling could be taken away, and then the buildings would be completely separate. They're actually independent. We are putting strangers in there, including Bruceway, but just because of the proximity of spaces. Perfect. We're doing that in terms of running buildings in the West Park.

Is the roof connected?

Yes.

On the two buildings?

The roof is made. It has a pitch point where one roof stops. So it has a point that delineates the structure from the other. But the roof is in use in terms of material. We've got these blockage systems that pitch in that way.

So I'm looking, I just pulled up the street on my iPad. So that round section that we can hardly see, that's the other business. Okay. So it's already not even cool with that. So, okay. That's fine. Okay.

Okay.

Okay, gotcha.

The parking, the entrance is from Pembroke Road and the exit is from Pembroke Road. Yes, sir. How are the cars parked? Are they going to be parked on an angle or are they going to be parked straight in?

They'll be parked straight in. In the parking zone that we've configured, there's enough space to drive in and then back in and back in space just like a traditional parking lot. Just instead of having three or four rows of parking, we've got just two rows back and back. And then you also have a turnaround space at the end behind the building. If we need to do a dumpster retention area, we've got the space back there to allocate that and keep it from visibility. There is an existing... that surrounds the rear and sides of the property. That is to say, I think that's a condition that we're asked about in the review. We're going to keep it and make sure that that portion of the property is kept that way. There's an existing rolling gator. It won't be used for access because it's no longer... So with the parking being straight in and we straight in updating the You have to drive in and then turn into a space.

Which is there being on an angle.

No, not on an angle. They'll be head parking, but off the road. You won't go drive in and back out onto the car. Right. You'll be driving in, you turn around fully, and then you can leave exit and see the traffic as you exit onto the car.

Hmm.

The one from today? I didn't include it because we'll get some changes to that one. If you can see the green lines on the screen, that's representing the parking spots.

Maybe that will help.

But it's a little bit brighter on the screen that the board is looking at. Yeah.

So the structure to the left, which I guess would be then the west side of the building, where the west side of the parking.

Right.

Is that part of this? Is that?

So the two red boxes, they're essentially two units that are side by side. They have a tenant wall that joins them. this space that is not hatched is the space that we're working in for this permit in particular and in conjunction with that would be creating uh the parking the the red box adjacent to the parking lot would have a landscape buffer between the parking and the building itself which is the traditional way to write projections of the building or having where you can park two-person structure

So from the parking lot to the hotel, patrons would go in on the rear of...

Right.

So the only entrance to the hotels would be in the rear right.

You do have two entrances. Do you have an entrance from the sidewalk or... There's actually a five-foot separation between the sidewalk and the front of the link. There's a setback there on the next hard route. So you could walk from the front of the link to the breezeway and get units, or you can go from the parking lot back and walk directly to the breezeway to go to the units. So the units meet the accessibility needs of having a direct exit, and each also has a limit. So there are two points of difference.

And was this breezeway created on the one that was already existing?

Hmm.

And the green represent parking for. This is two lanes of parking. And you're making a turnaround. Is that on the south end of the parking?

Yes. Typically, with the dual access, with the two-way drive-out, you wouldn't need a turnaround. But we have a turnaround. The general space would just provide one additional ADA room. What is the distance between the backup person cars are backing out?

What is the distance they have for? Maybe in the car behind them.

We have 24 feet there between parking stall to parking stall. So you've got a thinner 18-foot stall and 24 feet of dual lane dry wood and another 18-foot stall. If you were to go to any publics or home people...

The reason I ask the question about whether it's commercial or public park, because the hotel that you're talking about, commercial vehicles that might patronize the hotel, is there accessibility for their vehicles if there are trucks?

The parking spaces are standard sizes. If there's commercial vehicles, that's coming to the start of the building, they'd be able to park in any of your spaces. We do have an overrun space, again, at the property where that turnaround area is, where a commercial vehicle that needs extra area to park could park there without being a soil or without parking on the grass or turf or whatever. So there is space to accommodate service vehicles.

How many rooms did you say it would be? I think rather from the board.

OK, if not elected in a motion for this item.

I'd like to make a motion to approve.

A second.

In favor? Aye. Okay, thank you. Okay, moving along to text amendment for code section 42-200. Okay.

This is another text amendment which the intent is to provide the reader with a little bit more clarity of information in the zoning code. Leading to community residential homes. Okay. So a community residential home as defined by the state of Florida is intended to offer the functional equivalent of a family to independent operators for individuals with disabilities, elderly clients, and certain children or minors in supportive living situations. There is a state statute around this type of home. And our code does not exactly mirror what the state statute is. So this is Again, an intent to be a little bit clarifying and to point people who are interested in opening this type of home to the correct state statute, which gives them the full information that we're charged with enforcing. use the word home intentionally. The code right now uses the word facility. I think facility conjures up something much larger that have more akin to a nursing home, assisted living facility where you would have on-site medical staff and a cafeteria and amenities and that kind of thing. What we're really talking about is operating out of a traditional single family home in a residential neighborhood, specifically with single family zoning. So right now, there's a space in our code that says where this is allowed, but then it doesn't provide the reader any kind of direction on what the city is going to be looking for. OK. So this is just a snippet of a longer statute coming from the state regulations. The community residential home needs a dwelling unit license to serve residents who are clients of, and this is very specific about this, Department of Elderly Affairs, Agency for Persons with Disabilities, the Department of Juvenile Justice, the Department of Children and Families, or licensed by the Agency for Healthcare Administration. The statute starts off talking about living environment for four to seven unrelated residents and where those types of homes are allowed. FURTHER DOWN, IT TALKS ABOUT HOMES OF SIX OR FEWER RESIDENTS WHICH OTHERWISE MEET THE DEFINITION WHICH IS STATED ABOVE COMMUNITY RESIDENTIAL HOME DEEMED A SINGLE FAMILY UNIT AND A NONCOMMERCIAL RESIDENTIAL USE PURPOSE OF LOCAL LAWS AND ORDINANCE. HOMES OF SIX OR RESIDENTS WHICH OTHERWISE MEET THE DEFINITION shall be allowed in single-family or multi-family zoning without approval by the local government, provided that the homes are not located within a radius of 1,000 feet of another existing home with six or fewer residents or within a radius of 1,200 feet of another existing community residential home. Let's see. The two things to point out there that we're enforcing on the local level is that these homes have license. through one of these five state agencies. So you cannot decide you're going to open a community residential home on your own that is unlicensed. The licensing provides city with insurance that these homes are being properly that they're being reviewed for care needs and the needs of the residents serving by the state agency. The second that's important is the distance separation. So that's also what we're checking for through our zoning review, that the home is sufficiently distant from another similar property. that 1,000 feet is from homes with fewer and the 1,200 feet are homes with seven to 14, which is what you would be allowed in a multifamily district, zoning district. So when people then make inquiries, about opening a home. These are the things that I point them to. You need to make sure that you're doing your paperwork to get your licensure from the state agency because we can begin the process, but we can't click process with an approval until we have that. either the licensure or the intent of the state agency, and that you have distance separation. And the purpose of distance separation is to where the character of a single family neighborhood stays as a residential neighborhood. In a situation where some of these homes were clustered together, it could have the potential for changing the character from that of a single-family residential to sets more institutional. So right now when you're looking under permitted uses in the residential zoning section, what it says now is community residential facility with adult daycare permitted and accessory use. So the facility language itself FROM WHAT THE STATE IS ALLOWING. AND THEN IN THESE ZONES WHICH ARE SINGLE FAMILY OR DUPLEX ZONES, YOU CAN ONLY HAVE THIS SIX OR FEWER DESIGNATION, A COMMUNITY RESIDENTIAL HOME WITH SIX OR FEWER. SO THIS SMALL CHANGE, BUT PUT IT INTO THIS TABLE TO CHANGE YOUR COMMUNITY RESIDENTIAL FACILITY TO A COMMUNITY RESIDENTIAL HOME FOR SIX OR FEWER AND THEN WE'VE ADDED THAT LITTLE ASTERISK THERE THAT WILL APPEAR AT THE BOTTOM OF THE TABLE TO PEOPLE BACK TO THE STATE STATUTE SO THEY CAN READ THAT LANGUAGE FOR THEMSELVES. and reminds people about the distance separation because that's one of the things we're checking. People come in, they're opening a business, they fill out a zoning use review form. And in most cases, you can tell them yes or no based on the zone. In this case, until I have the distance separation information, we can't approve or deny. We have to have that information first and they would be approved for zoning use review and then they would be allowed to begin the process. So this is the only change that's being proposed under this ordinance. This is an example of some homes that are open now. There are other ones that are in the permitting process. We keep track of them as they come in to ensure that it's beginning the process, that they're in approved location that's going to work. We keep records of that so that we don't approve two that are next to each other before they because it takes a while to get your license. It can take folks sometimes a year to do that. So again, basis for the recommendation, city staff often receive inquiries regarding these homes. The language that cites the state statute gives staff the basis for informing prospective and current property owners. The expectation of distance separation allows prospective property owners to understand the process, and we're recommending approval. Are there any questions?

Yes, I have a few. So for community residents 7 to 14, is that in the code too? I just see the 6 if you're indicating it here.

So when you're in the permitted use table for commercial, there's community residential home under that category as well. So that's where like if you're in the TOC or other areas that more things are allowed. Since I've been here and from what I learned from my predecessor, we haven't had any applications for those. Because in those zones, you're not really having houses. You would have to build new structure to accommodate that. Although somebody could do that at some point in the future, but that COMMUNITY RESIDENTIAL HOME IS SHOWING UP. THIS TABLE IS REALLY JUST SINGLE FAMILY AND DUPLEX PROPERTIES. THAT'S THE MAJORITY OF WHAT WEST PARK IS OUTSIDE OF THE TOC. YOU CAN HAVE MULTI-FAMILY OR THREE-UNIT PROPERTIES AND THEN THAT WOULD BE DIFFERENT. These are the applications that we see and the kind of questions we get on a weekly basis about these one single family homes.

So is there any regulations, I'm not familiar with any, for how many people can be in a bedroom?

Yes. So there's rules for all of that, and that's all going to follow the state guidelines. That's why I thought it was important to point to the state guidelines, because we're going to follow the state's rules, and the state's going to come in. They're going to inspect if they need a building purpose on things. A lot of times, a little family home, One of the requirements is you have ADA accessible bathrooms. Most typical homes don't have that, older homes. So they'll need a building permit, you know, at the point. But before they get their license in the state, the state is going to make sure that they meet all the requirements. So it's on them to be in contact with agencies that they're working with to make this property is meeting all of its requirements. I have seen in a four-bedroom home, because typically one bedroom is required to be for staff, and that there's three... additional bedrooms that are large where you can have two people per bedroom. But the state has got its own requirements about the size of the rooms and how much space. So really, we don't want to have separate regulation. We just want to follow the state legislatures, the state, you know, statutes on that and make sure that we get the copy license from the state. And then we know that the state's been inspecting them, you know, that they're having their rules.

Okay, got you. And the other thing I had a question about in that map you showed of the current community homes, I noticed some were within the, I guess, thousand foot buffer. Was that because something was approved in error or the code was changed?

Yeah, where they overlap, right? You want to be a thousand feet from another home. So if there isn't a home inside your circle, Are you looking at the one in the...

Okay, I see. If it's not inside the circle, you're fine.

Yeah, the circles overlap, but the homes are more than 1,000 feet. Okay, I see.

Yeah. Okay. All right. Okay. I think that was all that I have right now, questions that I have. Okay. Okay, so there's really no, I guess, recommendations. Because I know this is just verifying, you know, what the state statute already is.

All right. Okay.

Okay, so anything for the good of the order? Okay, seeing none, I would like to motion to adjourn today at 7 p.m. Have a good evening.

Thank you.