§ 19-67. Provisions regarding applying certain types of comprehensive plan flexibility.

Intent and purpose: The city has only a limited amount of flexibility available pursuant to its comprehensive plan, the Broward County Comprehensive Plan, and the Broward County Planning Council Administrative Rules document. In a substantially developed city such as Plantation, once flexibility is consumed, it is no longer available and generally cannot be replaced. The advantage to utilizing flexibility is to encourage development the city deems desirable in terms of increasing employment, raising the tax base, arresting blight, or providing other benefits. The chief advantage to utilizing flexibility is that it shortens the time otherwise needed for regulatory review and approvals needed to obtain building permits. In enacting this section, the city governing body desires to provide guidance to the public and to its development staff concerning how it wishes to utilize the city's various types of comprehensive planning flexibility so that these decisions will not be made in an arbitrary fashion. Decisions concerning the utilization of comprehensive planning flexibility are legislative in nature in part because a decision to utilize flexibility is the functional equivalent of deciding not to go through a lengthy process of amending the city comprehensive plan, and as local decisions concerning whether to amend a comprehensive plan are legislative in nature. The city governing body does not intend in enacting this section to transform a legislative decision into a non-legislative decision, and reserves its inherent legislative privilege to waive or not apply any provision contained in this section whenever it decides such waiver or nonapplication serves the future land use and needs of the community. All decisions approving the utilization of flexibility, as well as decisions to waive or not apply a provision of this section in connection with such approval, shall be evidenced by an ordinance which was considered in a legislative fashion.

(a)

Definitions:

Commercial-residential flex is provided for in Plantation Comprehensive Plan Future Land Use Element Policy No. 1.8.10 which permits a twenty (20) percent decrease in the lands designated commercial consistent with Broward County Planning Council Administrative Flexibility Rule 2.5(A)(1).

Flexibility units means the difference between the number of dwelling units permitted within a flexibility zone under the Broward County Comprehensive Plan and the number of dwelling units permitted within the same flexibility zone under the Plantation Comprehensive Plan. These units result from the Plantation Comprehensive Plan generally being more restrictive as to residential density than the Broward County Comprehensive Plan.

Flexibility Zone (or Flex Zone) means the geographic area, as delineated on the flexibility zone boundary maps and in the administrative flexibility rules documents with the Broward County Planning Council, within which residential densities and land uses may be redistributed through the plan certification process. The flexibility zones are also shown within the Plantation Comprehensive Plan Map and are designated in the Plantation Comprehensive Plan as enjoying numbers 68, 73, 75X or 76.

Flexibility Zone 75X (or Flex Zone 75X) is the land area comprising Former Flex Zone 74 and Former Flex Zone 75.

Former Flexibility Zone 74 (or Flex Zone 74) is bounded on the south by Broward Boulevard, on the east by the west right of way line of Florida's Turnpike from Broward Boulevard to the north City limit, on the north by the north City limit from Florida's Turnpike to the OPWCD Canal No. 1A, on the west (north of NW 5 ^th Street) by the OPWCD Canal No. 1A from the north City limit to NW 5 ^th Street, and on the west (south of NW 5 ^th Street) by University Drive from NW 5 ^th Street to Broward Boulevard.

Former Flexibility Zone 75 (or Flex Zone 75) is bounded by New Hiatus Road on the west, the City limit on the south, University Drive on the east (south of NW 5 ^th Street), the OPWCD Canal No. 1A on east (north of NW 5 ^th Street), and on the north by the north City limit.

Industrial-limited commercial flex is set forth in Plantation Comprehensive Plan Future Land Use Element Policy No. 1.10.4 and Broward County Planning Council Administrative Flexibility Rule 2.5(A)(6) and this section.

Quality housing: Residential developments that have the following attributes:

(1)

Cement tile roofs with staggered rooflines;

(2)

Stucco or brick covered sidings and walls;

(3)

Landscaped entryway and property perimeter features;

(4)

Waterway features (such as fountains) for lake, pond or wet retention areas;

(5)

A perimeter stuccoed concrete block wall, concrete panel and cap wall, brick walls or metal picket fence;

(6)

Dwelling units which all have central air conditioning and heating systems, hot water, and public sewer service;

(7)

Dwelling units which all have balconies, patios, or porches;

(8)

Dwelling units which, if they are single-family units, have a garage and laundry facilities interior to the units;

(9)

Dwelling units which, if they are multifamily, have storage facilities, and resident-only laundries on site;

(10)

A clubhouse and recreational amenities (pool, tot lot, courts, etc.);

(11)

A program of on site security measures;

(12)

Where the development has committed itself to the ongoing maintenance of the site in accordance with the standards set forth in the city's community appearance ordinance through appropriate restrictive covenants, the creation of associations or other substitute method of assuring that the maintenance obligations are capable of being paid for by assessments or property lien rights, and with such other restrictive covenants or documents as are reasonably required by the city's legal department in order to implement any other conditions of the city governing body's decision;

(13)

Where the architectural treatments and embellishments meet the requirements of section 5-57 of this Code.

Reserve units means those additional permitted dwelling units created by Plantation Comprehensive Plan Future Land Use Element Policy No. 1.7.6 which consists of up to two (2) percent of the total number of dwelling units permitted within a flexibility zone:

Residential-neighborhood commercial flex means the ability to assign neighborhood commercial uses up to five (5) percent of the area designated residential within a flexibility zone pursuant to Plantation Comprehensive Plan Future Land Use Element Policy No. 1.8.9, and consistent with the Broward County Planning Council Administrative Flexibility Rule 2.5(A)(2).

(b)

Limitations on the use of the various types of flexibility the city enjoys:

(1)

Residential-neighborhood commercial flex.

a.

The City will consider allowing flexibility under this provision only for low intensity neighborhood offices, neighborhood retail sales of merchandise, or neighborhood retail sales of services which are limited in hours, which are compatible with residential uses, and which do not tend to create compatibility conflicts as a result of noise, odors, or high traffic generation. These low intensity neighborhood uses usually are designed to serve residents within five (5) minutes' driving time of the use's locations. Examples of stores include food, drugs, clothing, sundries, and small hardware stores. Examples of services include barber shops and beauty parlors, dry cleaners, pack 'n ship, printing, and jewelers. Examples of offices include real estate, accounting, and business. The major characteristic of low intensity neighborhood uses are their scale. These uses do not contain large stores or buildings designed to serve several neighborhoods. The following types of uses will not be permitted to use this type of planning flexibility: heavy commercial uses; garages; gasoline stations; vehicle service stations; vehicle painting; used or new vehicle sales or equipment lots; do-it-yourself building materials or warehouse supply stores; contractor storage yards; marine sales, service, or repair centers; freight, truck, bus or transportation terminals or centers; manufacturing uses; warehouse or self-storage facilities; adult entertainment uses; fertilizer, nursery or garden stores or centers; uses dealing with chemicals such as pool supply uses and insect exterminating uses; wholesale or retail membership store; government administrative offices; package stores; pawn shops; employment agencies; hospitals; hotels; sanatoriums; and similar uses.

b.

No more than a total of five (5) percent of the area designated for residential use within a Flexibility Zone may be used for low intensity neighborhood uses described in a. above.

c.

Residential-neighborhood commercial flex shall be considered only in redevelopment areas as designated by ordinance or adjacent to such redevelopment areas where the property's Future Land Use designation adjoins the redevelopment area on two (2) boundaries.

d.

This flexibility shall not be available for use in the Plantation Midtown Development District.

e.

The space within significant residential buildings in areas designated Medium High Twenty-Five (25) Residential on the Future Land Use Map may be used for low intensity neighborhood uses described in a. above, provided such uses are located on ground floors only, and so long as no more than fifteen (15) percent of the floor area is used for said purposes.

f.

The utilization of this type of flexibility will require a legislative ordinance enactment.

g.

The size and scale of buildings must be residential in nature, and be consistent in scale (building height, mass, elevations) with the dominant residential buildings in the neighborhood, and the proposed residential density shall not exceed the average density of adjacent development.

(2)

Flexibility Units.

a.

The City will permit the assignment of Flexibility Units in Commercial designated properties for:

1.

Any quality housing facility which provides a life care environment for elderly individuals which shall include but not be limited to creation of a life estate in the facility itself and the provision of offsite or onsite medical care;

2.

Any quality housing facility licensed by the State of Florida for more than eight (8) unrelated elderly individuals;

3.

Any not-for-profit quality housing facility for unrelated elderly individuals; or

4.

Any quality housing development meeting the affordable housing rules set forth in Article 8 of the Broward County Administrative Rules Document and regardless whether a density bonus is desired; or

5.

Any mixed residential/commercial development according to regulations set forth in Section IV.B "permitted uses" of the Broward County Comprehensive Plan, and Policy 1.8.8 of the Future Land Use Element of the City Comprehensive Plan.

b.

The City may assign Flexibility Units upon approving a site plan, together with any other appropriate development orders or approvals prerequisite to applying for a building permit. The utilization of this type of flexibility will also require a legislative ordinance enactment.

c.

The use of Flexibility Units pursuant to subsection a. 1-3. above shall be limited to property located within Former Flex Zone 75 (excluding Plantation Midtown [f/k/a Central Plantation as defined in the adopted City Comprehensive Plan]) and within Former Flex Zone 74, and therein only north or east of Sunrise Boulevard or within 1500 feet of a hospital. The use of Flexibility Units for a project qualifying under subsection a.4. above will only be for projects within Flex Zone 73 [and therein only within the City Community Redevelopment Area (defined as that area presently within Plantation Gateway), or adjacent to such Area on lots along Broward Boulevard which enjoy as of January 1, 2008 a zoning classification of RS-1A or RS-2B]. The use of Flexibility Units for a project qualifying under subsection a.5. above will only be for projects within Flex Zone 73 [and therein only within the City Community Redevelopment Area (defined as that area presently within Plantation Gateway), or adjacent to such Area on lots along Broward Boulevard which enjoy as of January 1, 2008 a zoning classification of RS-1A or RS-2B], or within Plantation Midtown (f/k/a Central Plantation as defined in the adopted City Comprehensive Plan), or within that portion of the City bounded on the north by Sunrise Boulevard, on the south by Cleary Road, on the west by Pine Island Road, and on the east by University Drive. Notwithstanding the foregoing, Flexibility Units sourced from Former Flex Zone 74 and Former Flex Zone 75 shall be subject to the additional restrictions set forth in (2)e. below.

d.

The project should be consistent in scale, building height, mass, and elevations with the predominant nearby residential buildings, and the utilization of flexibility should not exceed the average density of the contiguous residential property (contiguous meaning adjacent or only separated by streets, canals, or easements). The commercial property for which Flexibility Units are proposed shall not exceed the average residential density for the contiguous residential property (contiguous meaning adjacent to or only separated by streets, canals, or easements). This policy guideline may not always be appropriate when the governing body of Plantation wishes to encourage multifamily structures near residential structures consistent with redevelopment plans or vision-based studies conducted for specific areas of the City, or wishes to encourage the elimination or prevention of urban blight.

e.

Flexibility Units may not be transferred between Flexibility Zones, except when used as allowed in subsection a. 4. above. Flexibility Units sourced from Former Flex Zone 75 have been allocated by the Comprehensive Plan to Plantation Midtown for assignment pursuant to Policy 1.8.8 of the Future Land Use Element of the Comprehensive Plan, and may be so assigned pursuant to the policy considerations of this Section. Additionally, Flexibility Units sourced from Former Flex Zone 74 may be assigned anywhere within Flex Zone 75X (and therefore to lands within Flex Zone 75X that are outside of Plantation Midtown) pursuant to such Policy 1.8.8; provided such assignment is pursuant to the policy considerations identified in this Section.

f.

In no instance shall a density greater than twenty-five (25) dwelling units per gross acre be permitted, calculated in a manner consistent with Future Land Use Element Policy 1.1.8 whenever such Policy is applicable.

g.

The City, in its sole legislative discretion, may choose not to assign Flexibility Units when it is requested to do so, or may choose to assign Flexibility Units so as to achieve a residential density that is less than residential density requested. The policy considerations set forth in this Paragraph (2) are not exclusive, and the City may consider other relevant policy considerations it determines serves the public interests and furthers the City's Comprehensive Plan. The purpose of identifying these policy considerations is to implement provisions of the City Comprehensive Plan, ensure compliance with the Broward County Administrative Rules Document (recognizing the City may be more restrictive than such Rules if it desires), and guide the City's governing body in exercising its legislative discretion so as to improve decision making. The use of these policy considerations shall not result in these decisions becoming quasi-judicial in nature or being policy application in nature.

(3)

Reserve Units.

a.

The City will permit the assignment of Reserve Units for:

1.

Any quality housing facility which provides a life care environment for elderly individuals which shall include but not be limited to creation of a life estate in the facility itself and the provision of offsite or onsite medical care;

2.

Any quality housing facility licensed by the State of Florida for more than eight (8) unrelated elderly individuals;

3.

Any not-for-profit quality housing facility for unrelated elderly individuals;

4.

Any quality housing development meeting the affordable housing rules set forth in Article 8 of the Broward County Administrative Rules Document and regardless whether a density bonus is desired; or

5.

Any residential or mixed residential/commercial development according to regulations set forth in Section IV.B "permitted uses" of the Broward County Comprehensive Plan, and Policy 1.8.8 of the Future Land Use Element of the City Comprehensive Plan.

b.

Presently, the Appendix to the City's Comprehensive Plan, Volume II, requires an amendment to the City's Future Land Use Map whenever Reserve Units are assigned. A local land use plan map amendment will be necessary as long as same is required by the City Comprehensive Plan. At such time as the Comprehensive Plan is amended to no longer require a local land use plan map amendment process to be used to assign Reserve Units, the City will continue to require a legislative enactment of an ordinance to assign or utilize Reserve Units.

c.

The assignment of Reserve Units must be approved by the Broward County Planning Council Administrator in accordance with the County Administrative Rules Document prior to the City governing body approving same (until such time, if ever, that the City Comprehensive Plan expressly incorporates the County Comprehensive Plan Special Residential Facility provisions).

d.

The use of Reserve Units pursuant to subsection a.1., 2., or 3. above shall be limited to properties located within Former Flex Zone 74 (which are north or east of Sunrise Boulevard, or within 1500 feet of a hospital) and within Flex Zone 73 (and therein only within the Gateway 7 Development District, or adjacent to such redevelopment area on lots along Broward Boulevard which enjoy as of January 1, 2008 a zoning classification of RS-1A or RS-2B). The use of Reserve Units for a project qualifying under subsection a. 4. above will only be for projects within Flex Zone 73 [and therein only within the City Community Redevelopment Area (defined as that area presently within the Plantation Gateway), or adjacent to such area on lots along Broward Boulevard which enjoy as of January 1, 2008 a zoning classification of RS-1A or RS-2B]. The use of Reserve Units for a project qualifying under subsection a. 5. above will only be for projects located: (i) within Flex Zone 73 [and only within the City Community Redevelopment Area (defined as that area presently within Plantation Gateway), or adjacent to such area on lots along Broward Boulevard which enjoy as of January 1, 2008 a zoning classification of RS-1A or RS-2B], or (ii) within Plantation Midtown (f/k/a Central Plantation as defined in the adopted City Comprehensive Plan), or (iii) within that portion of the City bounded on the north by Sunrise Boulevard, on the south by Cleary Road, on the west by Pine Island Road, and on the east by University Drive. Notwithstanding the foregoing, Reserve Units sourced from Former Flex Zone 74 and Former Flex Zone 75 shall be subject to the additional restrictions set forth in (3)f. below.

e.

In no instance shall a density greater than twenty-five (25) dwelling units per gross acre be permitted, calculated in a manner consistent with Future land Use Element Policy 1.1.8 whenever such Policy is applicable.

f.

Reserve Units may not be transferred between Flexibility Zones, except when used as allowed in subsection a. 4. above. Reserve Units sourced from Former Flex Zone 75 have been allocated by the Comprehensive Plan to Plantation Midtown for assignment pursuant to Policy 1.8.8 of the Future Land Use Element of the Comprehensive Plan, and may be so assigned pursuant to the policy considerations of this Section. Additionally, Reserve Units sourced from Former Flex Zone 74 may be assigned anywhere within Flex Zone 75X (and therefore to lands within Flex Zone 75X that are outside of Plantation Midtown) pursuant to such Policy 1.8.8; provided such assignment is pursuant to the policy considerations of this Section.

g.

The City, in its sole legislative discretion, may choose not to assign Reserve Units when it is requested to do so, or may choose to assign Reserve Units so as to achieve a residential density that is less than residential density requested. The policy considerations set forth in this Paragraph (3) are not exclusive, and the City may consider other relevant policy considerations it determines serves the public interests and furthers the City's Comprehensive Plan. The purpose of identifying these policy considerations is to implement provisions of the City Comprehensive Plan, ensure compliance with the Broward County Administrative Rules Document (recognizing the City may be more restrictive than such Rules if it desires), and guide the City's governing body in exercising its legislative discretion so as to improve decision making. The use of these policy considerations shall not result in these decisions becoming quasi-judicial in nature or being policy application in nature.

(4)

Industrial-limited commercial flex. Pursuant to Chapter 27, Article XV of this Code, and specifically subsection 27-802(b), adult entertainment establishments are prohibited anywhere in the city limits. Section 27-803 of the City Code provides that if Section 27-802 is declared by a Court of competent jurisdiction to be invalid, such ruling shall not affect the remaining divisions and sections of Article XV of Chapter 27, City Code. There are sections of such Article XV which would apply only in the event Section 27-802 is declared unconstitutional and the regulations set forth in Division IV of such Article XV would permit adult entertainment establishments in the City's I-LP zoning district. The Comprehensive Plan Future Land Use Designation for these zoned districts is Industrial. The Industrial Future Land Use Designation permits heavy commercial uses in Industrial areas. Adult entertainment establishments are (and additionally are hereby defined as being) heavy commercial uses for purposes of applying the City Comprehensive Plan. If a Court were to declare Section 27-802 unconstitutional and additionally not give effect or deference to the foregoing sentence and construe the City Comprehensive Plan Industrial Future Land Use Designation in such a manner so as to not allow adult entertainment establishments as "heavy commercial uses" therein, then and in such event alone shall all of the Industrial-limited commercial flexibility be available for use in the City's I-LP zoned properties for adult entertainment establishments permitted pursuant to Division IV of Article XV of Chapter 27. The City has two (2) Industrial designated areas in Flex Zone 75X, one of which is zoned I-L2P. The City will be able to count twenty (20) percent of the industrial designated acreage zoned I-L2P for the flexibility it may need to utilize for adult entertainment establishments in the I-LP zoned property which enjoys an Industrial Land Use Designation. If this Industrial-limited commercial flex is ever needed under the conditions set forth herein, it shall be deemed assigned after the conditional provision of such flexibility as set forth herein is approved as available by the Broward County Planning Council, and it shall be deemed effective upon the adult entertainment establishment obtaining either a site plan approval or an adult entertainment permit (such latter permit being obtained pursuant to Division V of Article XV, Chapter 27 of the City Code).

(5)

Commercial-residential flex.

a.

The city would consider allowing flexibility under this provision for residential and mixed commercial/residential developments that are compatible with surrounding residential or commercial (as applicable) uses and that do not tend to create compatibility conflicts as a result of noise, odors, or high traffic generation, i.e. heavy commercial uses.

b.

The city would consider allowing use of flexibility through the allocation of flexibility or reserve units to a development parcel with a commercial land use designation.

c.

No more than twenty (20) percent of the total acreage within the flexibility zone which is designated commercial may be used for residential uses.

d.

The use of this flexibility is subject to the development meeting the following conditions:

1.

Assignment of flexibility units shall be consistent with subsection (b)(2); assignment of reserve units shall be consistent with subsection (b)(3).

2.

Residential units shall endeavor to comply with quality housing standards as outlined in subsection (a), Definitions. This policy guideline recognizes that some of the definitional attributes for quality housing may not always be appropriate (such as perimeter walls, for example), however, the intent is to encourage special attention to elevations, landscape, and building components that are designed to reflect as suitable long term investment in the structures (cement tile as opposed to asphalt shingle roofs, for example).

3.

The use of this flexibility is restricted to the proposed developments found to be consistent with city approved redevelopment plans.

4.

The city may allocate flexibility or reserve units for a residential or mixed commercial/residential development through the assignment of flexibility and reserve units consistent with provisions outlined in this chapter and through approval of a residential or mixed commercial/residential development as provided in chapter 27-687 of the land development regulations.

(c)

Policy considerations to be reviewed when utilizing the various types of city flexibility.

(1)

If a project meets the limitations of subsection (b) above to qualify for flexibility, the following are the guiding policy considerations that the city will evaluate in its legislative review when deciding whether to allocate or utilize its flexibility:

a.

Whether there is a change in population, socio-economic factors, or physical development of property near or affecting the subject property, which change was unforeseen or unanticipated, and which change has created a present problem or opportunity that justifies utilizing the flexibility;

b.

Whether the project as proposed offers significant benefits not otherwise available to the city if the city's land development regulations were otherwise followed (for example, does the planning, design, and development of the property exceed the minimum otherwise required land development requirements in terms of reserving appropriate open space, development themes, taking advantage of natural and manmade conditions or environments, controlling pedestrian and vehicular traffic systems, substantially intensifying landscape or providing landscape contributions to the city, improving or maintaining public infrastructure or giving the city a contribution in aide of infrastructure improvements or maintenance, exceeding setbacks and building separations, and reflecting an orderly and creative arrangement of buildings and land uses as appropriate?);

c.

The extent to which the project contributes to the tax base, adds employment, and provides other positive economic impacts;

d.

The extent to which the project impacts public services (e.g., fire, EMS, school, police, water, wastewater, and other services), and generates negative secondary effects of odors, fumes, noise, traffic, or crime;

e.

The extent to which the property has potential to be developed in a desirable manner under its present land use and zoning scheme without the application of flexibility and whether such foreseeable development is or is not more beneficial to the community;

f.

The nature and types of uses surrounding the subject property and whether the development proposal is compatible and complements those uses;

g.

Specific goals, objectives or policies of the city comprehensive plan and other city plans that are consistent or inconsistent with the development proposed;

h.

The extent to which the type of flexibility proposed to be utilized will remain available for future use by the city under this section's requirements and under any possible regulatory scheme;

i.

The extent to which the utilization of flexibility serves or does not serve the public's health, safety, or welfare;

j.

The future land use and needs of the community; and

k.

Such other policy considerations that may not be set forth above but which are nonetheless considered by the city governing body to be reasonable and appropriate under the circumstances.

(d)

Time limits/procedure.

(1)

Any decision for the city to utilize flexibility shall minimally require a binding and buildable site plan review and approval, in addition to applications for other development orders or approvals prerequisite to applying for building permits. The use of flexibility shall be evidenced by an ordinance of the city governing body heard as a legislative agenda item. In any development order or approval where flexibility is requested, the review committee and the planning and zoning board shall review the application as to the policy considerations set forth in this section and shall make recommendations to the city governing body. When a proposed project using flexibility is processed, flexibility issues shall be considered as part of the site plan review and such other development orders as are prerequisite to applying for a building permit. The matter shall be advertised as set forth in section 19-66 of this Code.

(2)

Any decision to utilize flexibility (and any zoning decision [as defined in subsection 27-6(a) of this Code] granted in connection therewith) shall be initially valid for a period of time not to exceed twenty-four (24) months from the date the decision is made. If the rights granted by the flexibility decision (and any dependent zoning decisions) are not exercised in the aforesaid twenty-four (24) month period of time by an application for a building permit sufficient to meet the requirements of Section 105.3 et. seq. of the Florida Building Code (Broward County Administrative Provisions as same may be amended from time to time), the flexibility decision (and all dependent zoning decisions) shall become null and void. The City Council may extend this time period for one (1) additional extension not to exceed six (6) additional months for good cause demonstrated prior to the expiration of the period of initial validity.

(3)

The flexibility decision shall also become null and void if, after an application for a building permit sufficient to meet the requirements of Section 105.3 et. seq. of the Florida Building Code (Broward County Administrative Provisions as same may be amended from time to time) is made, a building permit is not issued within six (6) months. The City Council may extend this time period for one (1) additional extension not to exceed six (6) additional months for good cause demonstrated prior to the expiration of this time period.

(4)

The flexibility decision shall become null and void after a building permit is issued upon the earlier of:

a.

If no work has commenced, when the initial permit expires by virtue of the time limits set forth in Section 105.3.2 of the Florida Building Code (Broward County Administrative Provisions as same may be amended from time to time); or

b.

If work has commenced when the permit expires by virtue of the time limits set forth in Section 105.3.2 of the Florida Building Code (Broward County Administrative Provisions as same may be amended from time to time); or

c.

When the building official requires that any work which has been commenced or completed be removed from the building site; or

d.

When the building official determines not to issue a subsequent, new permit to complete construction under Section 105.3.2 of the Florida Building Code (Broward County Administrative Provisions, as same may be amended from time to time).

(5)

In the event there are any changes to a proposed development which has received a utilization of flexibility (e.g. in terms of a change to a proposed or approved zoning classification or reclassification, or to a proposed or approved "zoning decision" as defined in subsection 27-6(a) of this Code, or to the proposed intensity or density of uses, etc.), then such changed development shall not be able to utilize the flexibility awarded previously unless:

a.

Such changes are minor development approvals granted in accordance with the procedures contained in section 27-51 of this Code [in which event the time period set forth in subsection (d)(2) shall continue to run from the effective date of the ordinance enacted prior to such minor development approvals being granted which initially approved the utilization of flexibility for the development]; or

b.

An ordinance approving a utilization of flexibility for such changed development is enacted pursuant to the procedures of this section [in which event the time period set forth in subsection (d)(2) shall run from the effective date of the ordinance approving the utilization of flexibility for such changed development].

(Ord. No. 2157, § 1, 4-29-98; Ord. No. 2222, § 1, 5-31-2000; Ord. No. 2240, §§ 1—7, 11-29-2000; Ord. No. 2297, § 1, 4-23-2003; Ord. No. 2407, §§ 1, 2, 4, 4-30-2008; Ord. No. 2548, §§ 1—6, 7-28-2016 )