Zoning Hearing

Agenda (non-virtual)

VILLAGE OF PALMETTO BAY

Mayor Karyn Cunningham

Vice Mayor Mark Merwitzer

Council Member Patrick Fiore (Seat 1)

Council Member Steve Cody (Seat 2)

Council Member Marsha Matson (Seat 3)

Village Manager Nick Marano

Village Attorney John Quick

Village Clerk Missy Arocha

In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation, a sign language interpreter, or hearing impaired to participate in this proceeding should contact the Village Clerk at (305) 259-1234 for assistance no later than four days prior to the meeting.

AGENDA

ZONING HEARING

MONDAY, SEPTEMBER 28, 2026 - 7:00 PM

VILLAGE HALL MUNICIPAL CENTER

9705 EAST HIBISCUS STREET, PALMETTO BAY, FL 33157

(IMMEDIATELY FOLLOWING THE LOCAL PLANNING AGENCY MEETING)

(305) 259-1234

1.

CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE, AND DECORUM STATEMENT, IN THAT ORDER:

Any person making impertinent or slanderous remarks, or who becomes boisterous, while addressing the Council may be barred from further appearance before the Council by the Mayor, unless permission to continue or again address the Council is granted by a majority vote of the Council. Applauding speakers shall be discouraged. Heckling or verbal outbursts in support or opposition to a speaker, or his or her remarks, shall be prohibited. No signs or placards shall be allowed in the Council meeting. Persons exiting the Council meeting shall do so quietly. All cellular telephones and beepers are to be silenced during the meeting.

2.

REQUEST, PETITIONS, AND PUBLIC COMMENTS

Individuals wishing to speak on matters on the agenda and on items pertinent to the Village may do so by speaking during this section of the agenda. The Mayor will recognize those persons who wish to speak. Each speaker must sign-in prior to speaking on the designated public commentary sign-in sheet. Items for public hearing provided for within the agenda shall not be a topic of discussion during this section of the agenda. Please limit your comments to three (3) minutes or less. Public comments made by members of the public are important to the Village Council. Speakers will address the Village Council with respect.

3.

APPROVAL OF MINUTES

A.

Local Planning Agency Meeting (June 15, 2026)

B.

Zoning Hearing (June 15, 2026)

4.

MAJOR PROJECTS UPDATE

5.

ORDINANCES FOR SECOND READING AND PUBLIC HEARING

A.

Applicant: Village of Palmetto Bay

Location: Village-wide

Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, AMENDING SECTION 30-30.2 OF THE VILLAGE LAND DEVELOPMENT CODE ENTITLED "GENERAL APPLICATION REQUIREMENTS," SUBSECTION (D)(4), TO UPDATE SURVEY STANDARDS FOR MINOR RESIDENTIAL BUILDING PERMITS; PROVIDING FOR THE ACCEPTANCE OF SURVEYS OLDER THAN THREE YEARS FOR MINOR WORK SUBJECT TO A NOTARIZED AFFIDAVIT OF NO CHANGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Mayor Karyn Cunningham)(Passed on First Reading on June 15, 2026, Zoning Hearing)

6.

ORDINANCES FOR FIRST READING AND PUBLIC HEARING

Mayor Karyn Cunningham Vice Mayor Mark Merwitzer Council Member Patrick Fiore (Seat 1) Council Member Steve Cody (Seat 2) Council Member Marsha Matson (Seat 3) Village Manager Nick Marano Village Attorney John Quick Village Clerk Missy Arocha 1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE, AND DECORUM STATEMENT, IN THAT ORDER: Any person making impertinent or slanderous remarks, or who becomes boisterous, while addressing the Council may be barred from further appearance before the Council by the Mayor, unless permission to continue or again address the Council is granted by a majority vote of the Council. Applauding speakers shall be discouraged. Heckling or verbal outbursts in support or opposition to a speaker, or his or her remarks, shall be prohibited. No signs or placards shall be allowed in the Council meeting. Persons exiting the Council meeting shall do so quietly. All cellular telephones and beepers are to be silenced during the meeting. 2. REQUEST, PETITIONS, AND PUBLIC COMMENTS Individuals wishing to speak on matters on the agenda and on items pertinent to the Village may do so by speaking during this section of the agenda. The Mayor will recognize those persons who wish to speak. Each speaker must sign-in prior to speaking on the designated public commentary sign-in sheet. Items for public hearing provided for within the agenda shall not be a topic of discussion during this section of the agenda. Please limit your comments to three (3) minutes or less. Public comments made by members of the public are important to the VILLAGE OF PALMETTO BAY In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation, a sign language interpreter, or hearing impaired to participate in this proceeding should contact the Village Clerk at (305) 259-1234 for assistance no later than four days prior to the meeting. AGENDA ZONING HEARING MONDAY, SEPTEMBER 28, 2026 – 7:00 PM VILLAGE HALL MUNICIPAL CENTER 9705 EAST HIBISCUS STREET, PALMETTO BAY, FL 33157 (IMMEDIATELY FOLLOWING THE LOCAL PLANNING AGENCY MEETING) (305) 259-1234 1

Village Council. Speakers will address the Village Council with respect. 3. APPROVAL OF MINUTES A. Local Planning Agency Meeting (June 15, 2026) B. Zoning Hearing (June 15, 2026) 4. MAJOR PROJECTS UPDATE 5. ORDINANCES FOR SECOND READING AND PUBLIC HEARING A. Applicant: Village of Palmetto Bay Location: Village-wide Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, AMENDING SECTION 30-30.2 OF THE VILLAGE LAND DEVELOPMENT CODE ENTITLED "GENERAL APPLICATION REQUIREMENTS," SUBSECTION (D)(4), TO UPDATE SURVEY STANDARDS FOR MINOR RESIDENTIAL BUILDING PERMITS; PROVIDING FOR THE ACCEPTANCE OF SURVEYS OLDER THAN THREE YEARS FOR MINOR WORK SUBJECT TO A NOTARIZED AFFIDAVIT OF NO CHANGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Mayor Karyn Cunningham)(Passed on First Reading on June 15, 2026, Zoning Hearing) 6. ORDINANCES FOR FIRST READING AND PUBLIC HEARING A. Applicant: Village of Palmetto Bay Location: Village-wide Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO COMMUNITY PLANNING AND DEVELOPMENT, TO ADOPT HIGHER REGULATORY STANDARDS; AMENDING CHAPTER 30 “ZONING,” ARTICLE II “VILLAGE OF PALMETTO BAY, FLORIDA - LAND DEVELOPMENT CODE,” DIVISION 30-100.6 “FLOODPLAIN MANAGEMENT REGULATIONS” TO REVISE THE EFFECTIVE DATE OF THE FLOOD INSURANCE STUDY; PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. (Sponsored by Administration and prepared by Sustainability & Resiliency Planner, Andrea Candelaria) B. Applicant: Village of Palmetto Bay Location: Village-wide Request: AN ORDINANCE OF THE VILLAGE OF PALMETTO BAY, FLORIDA, AMENDING CHAPTER 30, DIVISION 30-40, "DEFINITIONS AND RULES OF CONSTRUCTION"; DEFINING DATA CENTERS AND ACCESSORY SERVER ROOMS; CREATING SECTION 30-60.32 TO EXPRESSLY PROHIBIT DATA CENTERS IN ALL ZONING DISTRICTS; CLARIFYING THE TREATMENT OF TELECOMMUNICATIONS FACILITIES AND ACCESSORY SERVER ROOMS; PROVIDING FOR LAWFUL EXISTING USES AND VESTED RIGHTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Vice Mayor Mark Merwitzer) 2

7. ADJOURNMENT WE, THE VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, HEREBY COMMIT OURSELVES TO MAINTAINING CIVILITY IN OUR PUBLIC AND POLITICAL DISCOURSE AND PLEDGE TO THE FOLLOWING PRINCIPLES: We will respect the right of all citizens in our community to hold different opinions; We will avoid rhetoric intended to humiliate or question the wisdom of those whose opinions are different from ours; We will strive to understand differing perspectives; We will choose our words carefully; We will speak truthfully without accusation and we will avoid distortion; We will speak out against violence, prejudice, and incivility in all of their forms, whenever and wherever they occur. NOTICE OF APPEAL RIGHTS Pursuant to Florida Statutes 286.0105, the Village hereby advises the public that if a person decides to appeal any decision made by the Council with response to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, the affected person may need to ensure that verbatim record of the proceedings is made, which record includes testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the Village for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed. AMERICAN DISABILITIES ACT OF 1990 This meeting is open to the public. In accordance with the American Disabilities Act of 1990, persons needing special accommodation or a sign language interpreter to participate in this proceeding should contact the Village Clerk at (305) 259-1234 no later than four (4) days prior to the meeting. Hearing Assistance Devices are available with the Village Clerk. 3

AGENDA ITEM NO. 3.A Item Cover Page DATE: September 28, 2026 SUBMITTED BY: Missy Arocha, Village Clerk's Office ITEM TYPE: Minutes AGENDA SECTION: APPROVAL OF MINUTES SUBJECT: Local Planning Agency Meeting (June 15, 2026) SUGGESTED ACTION: ZONING HEARING AGENDA ITEM REPORT ATTACHMENTS: 2026-06-15 LPA-Minutes 4

MINUTES LPA – Monday, June 15, 2026 Page 1 of 3 1 2 3 4 MINUTES5 LOCAL PLANNING AGENCY MEETING6 MONDAY, JUNE 15, 2026 – 7:00 PM7 VILLAGE HALL MUNICIPAL CENTER8 9705 EAST HIBISCUS STREET, PALMETTO BAY, FL 331579 10 1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE, AND11 DECORUM STATEMENT, IN THAT ORDER.12 13 Mayor Karyn Cunningham called the meeting to order at 7:00 p.m.14 15 The following members of the Village Council were present during the roll call:16 Mayor Karyn Cunningham17 Vice Mayor Mark Merwitzer18 Councilmember Patrick Fiore19 Councilmember Steve Cody20 Councilmember Marsha Matson21 22 The following Charter Officers were present during the roll call:23 Village Manager Nick Marano24 Acting Village Attorney Lillian Arango25 Village Clerk Missy Arocha26 27 Councilmember Patrick Fiore led the invocation and the Council led the pledge of28 allegiance.29 30 2. REQUESTS, PETITIONS, AND PUBLIC COMMENTS: The following speaker spoke for a31 time allotment of three minutes:32 33  Steve Kreisher (18201 SW 98th Avenue) questioned why the Miami Parking34 Authority is going through the neighborhoods and expressed concerns regarding the35 enforcement of applicable parking regulations. Stated that he is not in favor of the36 proposed parking code and raised concerns regarding changes to the parking lot at37 this location.38 39 3. APPROVAL OF MINUTES40 41 A. Local Planning Agency Meeting (April 20, 2026)42 43 Councilmember Steve Cody moved to approve the minutes. Councilmember44 Patrick Fiore seconded the motion. All voted in favor (5-0). The motion carried45 unanimously.46 47 5

MINUTES LPA – Monday, June 15, 2026 Page 2 of 3 4. PUBLIC HEARING ITEMS1 2 A. Applicant: Village of Palmetto Bay3 Location: Village-wide4 Request: A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE5 VILLAGE OF PALMETTO BAY, FLORIDA, SITTING AS THE LOCAL PLANNING6 AGENCY; RECOMMENDING APPROVAL TO THE VILLAGE COUNCIL OF A TEXT7 AMENDMENT TO SECTION 30-30.2 OF THE VILLAGE LAND DEVELOPMENT CODE8 ENTITLED "GENERAL APPLICATION REQUIREMENTS," SUBSECTION (D)(4), TO9 UPDATE SURVEY STANDARDS FOR MINOR RESIDENTIAL BUILDING PERMITS;10 PROVIDING FOR AN ADMINISTRATIVE EXCEPTION TO THE SURVEY AGE LIMIT FOR11 MINOR WORK SUBJECT TO A NOTARIZED AFFIDAVIT OF NO CHANGE; AND12 PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Mayor Karyn Cunningham)13 14 Item 4A was moved by Councilmember Patrick Fiore and seconded by15 Councilmember Steve Cody.16 17 Planning and Zoning Director, Javier Gonzalez explained that the Village’s current18 requirements ensure that a survey must be no more than three years old. He19 explained that this requirement may require homeowners to obtain a new survey at20 a significant expense and that the proposed Ordinance would allow a survey that is21 no more than 15 years old, rather than three years old. Director Gonzalez stated22 that staff reviewed the applicable provisions of the Village Code and recommended23 approval of the Resolution.24 25 There were no questions from the Village Council following the staff report.26 27 Mayor Karyn Cunningham asked whether any other Councilmember wished to co-28 sponsor the Resolution.29 30 Councilmember Steve Cody responded yes to his interest in co-sponsoring the31 Resolution.32 33 Mayor Karyn Cunningham agreed to the co-sponsorship.34 35 There were no additional Council comments or objections to the Resolution by the36 members of the Village Council.37 38 Final Vote for Item 4A39 The Resolution was approved by a vote of (5–0).40 41 o Karyn Cunningham - YES42 o Councilmember Patrick Fiore - YES43 o Councilmember Steve Cody - YES44 o Vice Mayor Mark Merwitzer - YES45 o Councilmember Marsha Matson - YES46 47 4. COUNCIL COMMENTS: None.48 49 50 6

MINUTES LPA – Monday, June 15, 2026 Page 3 of 3 1 5. ADJOURNMENT:2 3 Councilmember Steve Cody motioned to adjourn the meeting. Vice Mayor Mark Merwitzer4 seconded the motion. All voted in favor (5-0). The motion passed unanimously.5 6 The meeting adjourned at 7:09 PM.7 ____________________________________________________________________________8 9 The meeting minutes were approved this 28th day of September, 2026.10 11 Attest:12 13 14 15 ____________________________ ___________________________16 Mayor Karyn Cunningham Village Clerk Missy Arocha17 7

AGENDA ITEM NO. 3.B Item Cover Page DATE: September 28, 2026 SUBMITTED BY: Missy Arocha, Village Clerk's Office ITEM TYPE: Minutes AGENDA SECTION: APPROVAL OF MINUTES SUBJECT: Zoning Hearing (June 15, 2026) SUGGESTED ACTION: ZONING HEARING AGENDA ITEM REPORT ATTACHMENTS: 2026-06-15 Zoning-Minutes 8

MINUTES Zoning Hearing – Monday, June 15, 2026 Page 1 of 3 1 2 3 4 MINUTES5 ZONING HEARING6 MONDAY, JUNE 15, 2026 – 7:00 PM7 VILLAGE HALL MUNICIPAL CENTER8 9705 EAST HIBISCUS STREET, PALMETTO BAY, FL 331579 10 1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE, AND11 DECORUM STATEMENT, IN THAT ORDER.12 13 Mayor Karyn Cunningham called the meeting to order at 7:10 p.m. immediately following14 the Local Planning Agency Meeting.15 16 The following members of the Village Council were present during the roll call:17 Mayor Karyn Cunningham18 Vice Mayor Mark Merwitzer19 Councilmember Patrick Fiore20 Councilmember Steve Cody21 Councilmember Marsha Matson22 23 The following Charter Officers were present during the roll call:24 Village Manager Nick Marano25 Acting Village Attorney Lillian Arango26 Village Clerk Missy Arocha27 28 The innovation was led during the LPA and Councilmember Marsha Matson led the pledge29 of allegiance.30 31 2. REQUESTS, PETITIONS, AND PUBLIC COMMENTS: None.32 33 3. APPROVAL OF MINUTES34 35 A. Zoning Hearing (April 20, 2026)36 37 Vice Mayor Mark Merwitzer moved to approve the minutes. Councilmember Patrick38 Fiore seconded the motion. All voted in favor (5-0). The motion carried39 unanimously.40 41 4. MAJOR PROJECTS UPDATE: Planning and Zoning Director Javier Gonzalez illustrated42 a PowerPoint presentation on current planning and development projects and activities,43 including rezoning applications, site plan applications under review, approved site plan44 applications, completed plat applications, and plat applications under review.45 46 47 9

MINUTES Zoning Hearing – Monday, June 15, 2026 Page 2 of 3 5. ORDINANCES FOR SECOND READING AND PUBLIC HEARING1 2 A. Applicant: Fernando H. Chamula3 Location: 17391 SW 92nd Court4 Folio: 33-5033-000-07405 Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE6 VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO ZONING; AMENDING THE7 OFFICIAL ZONING MAP, AS REFERRED TO IN SECTION 30-10.5, TO CHANGE THE8 DESIGNATION FROM “AGRICULTURAL” (AG) TO “ESTATE MODIFIED SINGLE FAMILY9 DISTRICT” (EM) FOR THE PROPERTY LOCATED AT 17391 SW 92 COURT (FOLIO NO.10 33-5033-000-0740); AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by11 Administration and prepared by Planning & Zoning Director, Javier Gonzalez)12 13 Item 5A was moved by Councilmember Patrick Fiore and seconded by14 Councilmember Steve Cody.15 16 There was no public comment on the public hearing item.17 18 Acting Village Attorney Lillian Arango explained the quasi-judicial proceeding.19 20 There were no ex-parte communications disclosed by any member of the Village21 Council.22 23 Planning and Zoning Director, Javier Gonzalez reported that there was no staff24 report, as the item was previously heard in First Reading.25 26 There were no Council questions or comments.27 28 Final Vote for Item 5A29 The question was called in favor of the Ordinance on Second Reading. All voted in30 favor (5-0). The Ordinance passed unanimously by a roll-call vote.31 32  Councilmember Patrick Fiore - YES33  Councilmember Steve Cody - YES34  Councilmember Marsha Matson - YES35  Vice Mayor Mark Merwitzer - YES36  Mayor Karyn Cunningham - YES37 38 6. ORDINANCES FOR FIRST READING AND PUBLIC HEARING39 40 A. Applicant: Village of Palmetto Bay41 Location: Village-wide42 Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE43 VILLAGE OF PALMETTO BAY, FLORIDA, AMENDING SECTION 30-30.2 OF THE44 VILLAGE LAND DEVELOPMENT CODE ENTITLED "GENERAL APPLICATION45 REQUIREMENTS," SUBSECTION (D)(4), TO UPDATE SURVEY STANDARDS FOR46 MINOR RESIDENTIAL BUILDING PERMITS; PROVIDING FOR AN ADMINISTRATIVE47 EXCEPTION TO THE SURVEY AGE LIMIT FOR MINOR WORK SUBJECT TO A48 NOTARIZED AFFIDAVIT OF NO CHANGE; PROVIDING FOR SEVERABILITY;49 PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; AND PROVIDING50 10

MINUTES Zoning Hearing – Monday, June 15, 2026 Page 3 of 3 FOR AN EFFECTIVE DATE. (Sponsored by Mayor Karyn Cunningham)1 2 Item 6A was moved by Vice Mayor Mark Merwitzer and seconded by3 Councilmember Steve Cody.4 5 There was no public comment on the public hearing item.6 7 Acting Village Attorney Lillian Arango explained the proposed changes to the8 general application requirements under the code.9 10 Planning and Zoning Director, Javier Gonzalez illustrated a powerpoint presentation11 on the update survey standards for minor residential building permits and answered12 questions raised by the Council13 14 There were no objections by the Council to the proposed Ordinance on First15 Reading.16 17 Final Vote for Item 6A18 The question was called in favor of the Ordinance on First Reading. All voted in19 favor (5-0). The Ordinance passed unanimously by a roll-call vote.20 21  Councilmember Patrick Fiore - YES22  Councilmember Steve Cody - YES23  Councilmember Marsha Matson - YES24  Vice Mayor Mark Merwitzer - YES25  Mayor Karyn Cunningham - YES26 27 7. ADJOURNMENT:28 29 Councilmember Patrick Fiore motioned to adjourn the meeting. Councilmember Steve30 Cody seconded the motion. All voted in favor (5-0). The motion passed unanimously.31 32 The meeting adjourned at 7:25 PM.33 ____________________________________________________________________________34 35 The meeting minutes were approved this 28th day of September, 2026.36 37 Attest:38 39 40 41 ____________________________ ___________________________42 Mayor Karyn Cunningham Village Clerk Missy Arocha43 11

AGENDA ITEM NO. 5.A Item Cover Page DATE: September 28, 2026 SUBMITTED BY: Javier Gonzalez, Community and Economic Development ITEM TYPE: Ordinance AGENDA SECTION: ORDINANCES FOR SECOND READING AND PUBLIC HEARING SUBJECT: Applicant: Village of Palmetto Bay Location: Village-wide Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, AMENDING SECTION 30-30.2 OF THE VILLAGE LAND DEVELOPMENT CODE ENTITLED "GENERAL APPLICATION REQUIREMENTS," SUBSECTION (D)(4), TO UPDATE SURVEY STANDARDS FOR MINOR RESIDENTIAL BUILDING PERMITS; PROVIDING FOR THE ACCEPTANCE OF SURVEYS OLDER THAN THREE YEARS FOR MINOR WORK SUBJECT TO A NOTARIZED AFFIDAVIT OF NO CHANGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Mayor Karyn Cunningham)(Passed on First Reading on June 15, 2026, Zoning Hearing) SUGGESTED ACTION: ZONING HEARING AGENDA ITEM REPORT ATTACHMENTS: LDC Text Amendment - Survey Standards For Minor Residential Permits Staff Report 12

LDC_Text_Amendment - Survey Standards For Minor Residential Permits Ord Attachment A - Public Notice 13

VILLAGE OF PALMETTO BAY, FLORIDA PLANNING AND ZONING DEPARTMENT 9705 East Hibiscus Street • Palmetto Bay, Florida 33157 Phone: 305-259-1243 • Fax: 305-259-1290 • www.palmettobay-fl.gov 1 Date: September 28, 2026 To: Honorable Mayor and Village Council From: Javier Gonzalez, AICP, CFM, Planning and Zoning Director Subject: Land Development Code Text Amendment to Section 30-30.2(d)(4): Survey Standards for Minor Residential Building Permits. ___________________________________________________________________________________ REQUEST The Village of Palmetto Bay is proposing a text amendment to Section 30-30.2(d)(4) of the Land Development Code (LDC) to update survey requirements for minor residential development. The intent of this amendment is to allow for the acceptance of surveys older than three years for minor residential building permits, provided they are accompanied by a notarized affidavit of no change. This amendment aims to reduce the financial and administrative hurdles for residents seeking to perform routine property improvements such as fences, driveways, and minor accessory structures. A copy of the public notice is included in Attachment A. BACKGROUND The current LDC enforces a three-year age limit on property surveys, even when a property owner can legally attest that no physical changes have occurred on the site. Under these regulations, a resident seeking a building permit for a simple driveway, backyard fence or a pre-fabricated shed is required to obtain a new professional survey if their existing one is older than three years, despite site conditions remaining identical to the original certified survey. Staff recognizes that the current survey age limitation often imposes an unnecessary financial burden on residents seeking to perform routine property improvements. By granting the Planning and Zoning Director the administrative discretion to accept older surveys for minor projects, contingent upon a sworn affidavit of no change, the Village can effectively streamline the permitting process. This approach ensures the integrity of the building permit review while also protecting the quality of life and property values of Village residents. ORDINANCE SUMMARY This Ordinance amends Section 30-30.2(d)(4), General Application Requirements, of the Village Land Development Code to:  Authorize the Planning and Zoning Director to accept surveys older than three years, but in no event older than fifteen (15) years, for specifically defined "minor residential building permits."  Define eligible minor work to include fences, driveways, and similar non-habitable accessory structures (e.g., pre-fabricated sheds not exceeding 145 square feet).  Explicitly exclude swimming pools, habitable accessory structures (ADUs), and any construction involving permanent foundations or utility extensions from the exception to maintain infrastructure and life-safety standards. 14

Land Development Code Text Amendment to Section 30-30.2(d)(4). 2  Require the submission of a notarized affidavit from the applicant certifying that no physical changes have occurred to the property and that the survey accurately depicts current site conditions.  Reserve the right for the Planning & Zoning Director to require a current certified survey if site inspections or available Village records (such as aerial photographs) indicate that site conditions have changed. ANALYSIS In evaluating this proposed text amendment, staff has considered the criteria outlined in Section 30- 30.7(b) of the Village's Land Development Code: 1. Whether the proposal is consistent with the comprehensive plan, including the adopted infrastructure minimum levels of service standards and the village's concurrency management program. o Response: The proposed amendment is consistent with the Comprehensive Plan as it promotes efficient governance, and reduces administrative and financial hurdles for residents while maintaining essential regulatory protections for the Village and its residents. 2. Whether the proposal is in conformance with all applicable requirements of Chapter 30. o Response: The proposal is in conformance with Chapter 30. It establishes an administrative exception for survey age limits, supported by a notarized affidavit of no change. By excluding habitable structures and those with permanent foundations, the Village ensures that high-impact development remains subject to the current survey requirements and setback verification. 3. Whether, and the extent to which, land use and development conditions have changed since the effective date of the existing regulations, and whether the changes support or work against the proposed change in land use policy. o Response: While land use patterns remain unchanged, the rising cost of professional surveying services has placed an increasing financial burden on residents seeking minor building permits. This amendment adjusts existing regulations to reflect a more reasonable balance between documentation requirements and the actual scale of residential improvements. 4. Whether the proposal would result in any incompatible land uses. o Response: The amendment modifies survey standards, not land use. It will not result in any incompatible land uses or adverse impacts on neighboring properties. 5. Whether the proposal would result in demands on transportation systems or public facilities. o Response: As a procedural update for minor residential improvements, this proposal does not increase density or intensity of use and has no impact on transportation systems. 15

Land Development Code Text Amendment to Section 30-30.2(d)(4). 3 6. Whether the proposal would result in adverse impacts on the natural environment. o Response: The amendment does not affect environmental protections. All projects must still comply with applicable requirements of the Land Development Code. 7. Whether the proposal would adversely affect property values or the general welfare. o Response: The proposal is anticipated to have a positive impact on the general welfare by making it more affordable for residents to secure building permits for property improvements, thereby encouraging code compliance and proper maintenance. 8. Whether the proposal would result in an orderly and compatible land use pattern. o Response: The amendment maintains an orderly pattern by ensuring that even olde