It is the purpose of this article to establish procedures and requirements for amending the adopted comprehensive plan, the rezoning of lands within the city, amendments to standards and regulations of this chapter, and the application of the flexibility provisions of the Broward County Land Use Plan.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Application requirements. Applications shall be made utilizing forms specified and provided by the planning and zoning director. The applicant shall submit all information required to adequately address the filing requirements adopted by the state land planning agency and if applicable, the requirements of the Broward County Planning Council. In addition, the applicant shall submit all other information required to support and adequately address the proposed comprehensive plan amendment and any other criteria determined necessary by the planning director. A fee covering the costs of processing an application for a plan amendment shall be established from time to time by resolution and shall be submitted with the application.

B.

Public hearings. Public hearings shall be held in compliance with F.S. ch. 163, as amended, and the provisions of section 30-10, administration; generally applicable procedures.

C.

Amendment procedure. The procedure for amendment of the plan shall be by ordinance, in accordance with F.S. ch. 163, as amended. The city commission shall adopt, adopt with changes or deny a proposed amendment in accordance with the provisions of F.S. ch. 163, as amended; provided that no amendment which is inconsistent with the Broward County Land Use Plan shall be effective.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Submittal requirements. An application for rezoning shall contain information sufficient in detail to reasonably apprise the city manager, the planning and zoning director, the planning and zoning board and the city commission of the nature and substance of the proposed amendment and the reasons therefor. An application for the rezoning of a particular parcel of land other than an application initiated by a city agency shall contain the following:

1.

An impact analysis report in accordance with the requirements of section 35-40.

2.

Proof of ownership of the property; and if the owner is not the applicant, proof of the applicant's authority to make such application.

3.

A survey or sketch and description of the property.

4.

Other information as required on an application form to be prepared by the planning and zoning director.

B.

Processing. An application for rezoning shall be processed in accordance with the following:

1.

The planning and zoning director shall review the complete application submittal and prepare a report.

2.

Public notice shall be made in accordance with section 30-10, administration; generally applicable procedures.

3.

All rezonings shall be heard by the planning and zoning board, which shall make a recommendation to the city commission.

4.

The city commission shall consider the application, the staff findings, the recommendation of the planning and zoning board, and the information presented during the public hearing.

5.

The city commission may approve or deny the application for rezoning based upon the review criteria in this section.

6.

All rezoning applications shall be processed as ordinances of the city in accordance with F.S. § 166.041.

7.

A rezoning shall take effect at the time provided in the ordinance approving the rezoning.

C.

Standards, guidelines and review criteria for rezonings. With respect to any pending legislation concerning a rezoning, the planning and zoning board and city commission shall consider and evaluate changes in relation to the following factors:

1.

The character of the district and its peculiar suitability for particular uses as well as the compatibility of the district with surrounding districts and uses and the impact upon neighboring communities and residences. The request shall not give privileges not generally extended to similarly situated property in the area, or result in an isolated district unrelated to or incompatible with the zoning of adjacent or nearby districts.

2.

Conservation of the value of buildings and encouraging the most appropriate use of land and water throughout the city.

3.

The applicable portions of any current municipal plan and programs, such as land use, trafficways, recreation, schools, neighborhoods, drainage and housing.

4.

The needs for the city for land areas for specific purposes to serve population and economic activities.

5.

Whether there have been substantial changes in the character of development of areas in or near the area proposed for rezoning.

6.

The facts and opinions presented to the reviewing agencies through public hearings.

7.

The anticipated impact of the maximum development permissible under the requested zoning upon the natural environment, the economy, the housing market and existing and programmed public facilities and services, both within and beyond the property.

8.

The impact of the proposed development on the existing road network, especially through traffic on Holmberg Road.

9.

The impact of the proposed development on the city road network and the ability of the existing (which shall include planned and funded improvements) to service the proposed development or number of units sought.

10.

Consistency with the comprehensive plan and other neighborhood plans, master plans and redevelopment plans approved by the city commission.

11.

Compatibility and consistency with abutting property (considering the future land use designation, zoning designation and present use of the abutting property).

12.

For rezonings involving lands that contain a golf course that were not reviewed under Policy 2.5.5 of the Broward County Land Use Plan, the applicant for rezoning shall address all of the following:

a.

The impact of the loss of open space on the surrounding residential areas. The loss of open space must be mitigated through provision of parks and open space to serve the surrounding neighborhood;

b.

Management of storm water retention taking into account the extent to which the golf course provided storm water retention for the surrounding development and how this will be mitigated, along with any additional storm water impacts created by the new development;

c.

Minimization of the impact on natural resources including wetlands, lakes, aquifer recharge areas and the tree canopy, including any historic trees on the site;

d.

Mitigation of environmental contamination. The level of environmental contamination must be determined by conducting a Phase 1 environmental assessment. A Phase 2 environmental assessment may be required based upon the findings of the Phase 1 assessment;

e.

Integration of the proposed development with the surrounding areas including how the development will tie into the existing neighborhoods through roads, sidewalks, parks/open space and greenways and buffers, and impact of the proposed development on property values of properties adjacent to the area proposed to be rezoned.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2019-009, § 2(Exh. A), 9-25-2019)

Text amendments to this chapter shall be consistent with the adopted comprehensive plan, as may be amended from time to time.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

During the period of time that the city commission is considering either an amendment to the land development code or an amendment to the official zoning map, no permit(s) or development order(s) of any kind shall be issued if issuance would result in the nonconforming or unlawful use of the subject property should the text amendment or zoning map amendment be adopted by the city commission.

A.

The period of time of zoning in progress shall begin on the earlier of:

1.

Publication of a notice of a public hearing before the city commission to consider a resolution declaring zoning in progress; or

2.

The planning and zoning board has held its initial public hearing on the text amendment or zoning map change.

B.

There shall be a hold on the issuance of all plats and site plans and building permits with respect to the code requirement or area which is the subject of such amendment; and such hold on permits and development orders shall continue in effect for a period from the date of the application until the subject legislation, with or without amendments, shall have been approved or disapproved or a period of six (6) months, whichever is sooner.

C.

This section shall not apply if the planning and zoning director has determined that approval of the application for a permit or development order would not result in the nonconforming or unlawful use of property if the proposed text amendment or zoning map amendment is adopted.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Purpose. The purpose of this section is to provide a procedure whereby the number of dwelling units permitted on a plot or parcel of land may be increased in certain specific situations and subject to certain conditions in accordance with the applicable provisions of this Code and, particularly, the implementation section of the City of Parkland future land use element. Reserve units have been established to allow the city to provide an incentive for quality development and for the dedication of land or the payment of fees in lieu of the dedication of land for municipal purposes when such dedications and payments are in excess of those ordinarily required pursuant to the applicable provisions of city and county law. For the purposes of this section and other relevant sections of the Code, the term "reserve units" shall have the same meaning as provided in the Broward County Land Use Plan. Rearrangement of land uses and residential densities within a flexibility zone may require recertification by the Broward County Planning Council; in such case, the application of flexibility shall not be effective until such recertification.

B.

Consistency with plan. In evaluating the application for reserve units, the city shall consider the proposal's consistency with the goals and objectives of the city land use plan; the purpose of the reserve unit concept as stated in said plan; the characteristics of the surrounding area; the characteristics of the proposed development; the community need for the type of development proposed; the ability of the city, county and other applicable agencies to provide services for the additional dwelling units and the type and extent of the dedication for municipal purposes proposed by the application.

C.

BCLUP provisions. Allocation of flexibility units, in accordance with section IV.B., "Residential Use," of the Broward County Land Use Plan, shall be subject to Objective 1.12 of the city's future land use element, and Policies 1.01.03, 1.01.04, 1.02.01, 1.02.02, 2.04.04, 2.04.05, 3.01.06 and 3.02.02 of the Broward County Land Use Plan, as may be amended from time to time and the rules and regulations prescribed by the Broward County Planning Council in Article 2 of the Administrative Rules Document as may be amended from time to time.

D.

Timing. An application for flexibility or reserve units shall be filed in conjunction with an application for rezoning. The application for residential flexibility or reserve units shall include the number of dwelling units permitted by the current zoning and the number of reserve units requested.

1.

The application for flexibility reserve units shall be reviewed along with the rezoning application by the planning and zoning board and the city commission. An approval of the rezoning application shall also be an approval of the application for flexibility or reserve units. A denial of the rezoning application site plan shall also be a denial of the application for flexibility or reserve units.

2.

An application for flexibility or reserve units may be approved by the city commission with conditions and stipulations. An approval of an application for flexibility or reserve units with such conditions and stipulations as may be approved by the city commission shall be evidenced by an agreement which shall be signed by the city and applicant; and such agreement may, at the option of the applicant or the city, be recorded in the public records.

3.

Upon approval of the application for flexibility or reserve units, the city shall reduce the number of flexibility or reserve units available for use elsewhere by the number of reserve units approved in connection with the relevant application; and the city shall inform the Broward County Planning Council of such action.

E.

[Application for commercial flexibility.] An application for commercial flexibility in areas designated residential on the city's certified land use plan shall be filed in conjunction with an application for rezoning and shall be limited to five (5) percent of the area designated for residential use on the city's certified land use plan. The commercial shall be limited to neighborhood office or retail sales of merchandise or services and the parcel shall be limited to ten (10) acres in size.

F.

[Additional acreage permitted.] Commercial and residential acreage may also be permitted through rezoning in accordance with the standards and restrictions set forth in section 2.5 of the Broward County Administrative Rules Document.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)