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THE READINGmeeting record

City of Maitland Planning and Zoning Commission — March 5, 2026

Meeting Overview

Type: Regular Meeting Quorum: Yes (4 of 5 members present) Duration: Approximately 1 hour (6:00 PM – 6:59 PM)

Attendance

  • Present: Chair Glen Jaffee, Vice-Chair Jody Barry, Eddie Baird, Ken Linehan
  • Absent: Greg Hardwick
  • Staff Present: Director of Community Development Mike Daniels, City Attorney Drew Smith, Chief Planner Sara Blanchard, Senior Planner Barrett Chaix

Agenda Items

Item 1: LDC Text Amendment — Reasonable Accommodation Requests for Certified Recovery Residences

  • Type: Text Amendment
  • Case Number: Ordinance No. 2025-XXX (creating LDC Article 5, new Section 5.16)
  • Location: Citywide
  • Applicant: City of Maitland (staff-initiated, mandated compliance)
  • Request: Adopt a new LDC subsection 5.16 establishing procedures for the review and approval of reasonable-accommodation requests for certified recovery residences, as required by Senate Bill 954 (amending Fla. Stat. § 397.487 to add subsection (15)). The ordinance establishes application requirements, a 60-day Community Development Director review, an appeal path to the City Manager, no-fee processing, a stay of enforcement during review, 180-day approval expiration, and revocation procedures (including annual confirmation of active state certification, due September 30 each year).
  • Current Zoning: N/A (code-wide)
  • Proposed Zoning: N/A
  • Staff Recommendation: Approve (recommend to City Council)
  • Action: Approved (recommended for approval)
  • Vote: 4-0 (Baird, Linehan, Barry, Jaffee — Hardwick absent)
  • Conditions: Motion amended the annual-confirmation deadline date; minutes record a date-modification (October 31 referenced in the motion language; staff had advised September 30 is the correct codified date — see Raw Notes for the discrepancy).
  • Notable Discussion: This item was continued from the February 5, 2026 meeting, where commissioners directed staff to work with the City Attorney to tighten the revocation section (5.16.10). The revised draft requires applicants to provide annual confirmation that state licenses/certifications remain active, with failure triggering revocation (appealable to the City Manager). Commissioner Baird probed what other grounds for revocation were considered; City Attorney Drew Smith explained that violation of any condition of approval is a basis, and that nuisance-type concerns should be written into the conditions of accommodation rather than handled separately, given the narrow authority cities hold under the statute and the FHA/ADA. Chair Jaffee asked that staff keep the P&Z informed of any impending reasonable-accommodation applications — a notable request given that these applications are processed administratively by the Director, not by the board.

Item 2: LDC Text Amendment — Downtown Maitland Zone District (DICE elimination)

  • Type: Text Amendment
  • Case Number: EAR-based LDC consistency amendment (implements 2050 CDP)
  • Location: Downtown Maitland (DM) zone district / Main Street Future Land Use designation
  • Applicant: City of Maitland (staff-initiated, EAR-driven)
  • Request: Amend the LDC to conform to the EAR-based 2050 Comprehensive Development Plan amendments adopted by City Council November 10, 2025. The amendment eliminates the Density Incentive for Community Enhancement (DICE) program and deletes the Downtown Maitland Planned Development (DM-PD) zone district; converts Downtown Maitland density/intensity allocation from a parcel-size-based tiering to a uniform standard for all parcels regardless of size; and folds the Main Street FLU use restrictions into the Article 4 Principal/Accessory/Temporary Use tables.
  • Current Zoning: DM / DM-PD (Downtown Maitland)
  • Proposed Zoning: DM (DM-PD district deleted)
  • Staff Recommendation: Approve (recommend to City Council)
  • Action: Approved (recommended for approval)
  • Vote: 4-0 (Baird, Linehan, Barry, Jaffee — Hardwick absent)
  • Conditions: Motion added direction to strike a remaining DM-PD reference that Commissioner Linehan identified as not yet removed from the draft.
  • Notable Discussion: Chief Planner Sara Blanchard explained that DICE — introduced in 2019 with CDP 2035 — was the mechanism by which developers could buy higher density in Downtown Maitland by providing a community enhancement of roughly equal value. Since 2019, no applicant has ever used the DICE program. The CDP update had already shifted Downtown density allocation; this LDC amendment merely conforms the code. Staff stressed the change reduces no parcel's maximum density and the only material effect is that parcels under 3 acres can now potentially reach the same density/intensity as parcels of 3+ acres. Commissioner Baird pressed on whether density is genuinely being increased; Blanchard clarified the CDP already made that change for smaller parcels and the LDC is catching up. Commissioner Linehan caught a surviving DM-PD reference; staff agreed to strike it. Chair Jaffee recounted the long institutional history of the downtown-density debate.

Public Hearings Summary

  • Number of speakers: 0 (both public hearings opened and closed with no public comment)
  • General sentiment: N/A — no public participation
  • Key concerns: None raised by the public; all discussion was board- and staff-driven

Key Signals

  • Maitland is voluntarily UN-winding a density-incentive tool — confirming density-cap-as-identity. The DICE program let developers purchase additional Downtown density via "community enhancement." In seven years (2019–2026) not one applicant ever used it, and the city is now deleting the mechanism entirely rather than reforming it. That is the canonical signature of a city where density is treated as an identity ceiling, not a negotiable variable: even a paid-upzoning pathway sat dormant and is being removed. The flattening to a uniform density standard quietly helps small parcels (under 3 acres) reach parity, which is the more consequential buried change — a modest pro-infill move inside an anti-incentive frame.
  • Recovery-residences pre-coding reaches a fourth Lake/Orange-region city. Maitland adopted its SB 954 reasonable-accommodation ordinance March 5, joining Clermont (Ord. 2026-013, March 3) and Leesburg (CRR CUP, March 19) in the same window. This is the regulatory-precoding pattern propagating across counties — cities building the procedural infrastructure to handle certified recovery residences administratively, ahead of litigation, on the same FHA/ADA-driven template. Maitland's twist: the Community Development Director decides these requests administratively (not the board), with appeal to the City Manager — a deliberately low-visibility, low-friction surface.
  • The board wants visibility into administratively-decided applications — a quiet jurisdiction-protection instinct. Chair Jaffee's request that staff keep P&Z informed of impending recovery-residence applications is small but telling: the board is ceding decision authority to the Director by statute, but is reluctant to lose situational awareness. Watch whether this informal notification commitment formalizes.
  • A four-member quorum carried two code amendments to Council — thin-board governance. With Hardwick absent, four commissioners moved both EAR-consistency and SB 954 items forward 4-0. Maitland's small commission means a single absence puts the board at bare quorum; consequential code changes are routinely advanced by four people in a near-empty room — the large-votes-small-crowds dynamic in its quietest form.
  • EAR-based code cleanup is the visible work of a fully-grandfathered city. Maitland's 2050 CDP was adopted November 2025 and its LDC consistency amendments are now flowing through. Because the underlying framework predates the August 2024 SB 180 line, this cleanup is low-risk — but any new substantive standard introduced through these EAR amendments after August 2024 is potentially SB-180-exposed. Worth tracking which downtown changes are pure conformance versus genuinely new policy.

Raw Notes

  • February 5, 2026 minutes approved 4-0 (Barry moved, Baird seconded) after fixing a Page 7 spelling error.
  • Date discrepancy on the SB 954 motion: the minutes' motion language records "with the aforementioned date amended to Oct 31," but the discussion records City Attorney Smith advising that "September 30th should be the correct date" for the annual-confirmation deadline, and the attached draft ordinance text (Section 5.16.10) codifies "October 31 of each year." The motion and codified date both reference October 31; Linehan's question and Smith's "September 30" answer create an internal inconsistency in the record that may be reconciled at adoption. Flagged for resolution.
  • The full SB 954 ordinance text (LDC Section 5.16) was attached to the agenda packet: covers purpose/applicability, applicant eligibility (any disabled person or service provider), application procedure, 60-day Director review, written determination, 30-day appeal to City Manager, no fee, stay of enforcement during pendency, 180-day approval expiration, revocation grounds, confidentiality of medical records, and the rule that an accommodation is specific to the applicant and does NOT run with the property.
  • Old Business: Director Daniels updated the board on prior items including the former Wells Fargo building.
  • New Business (significant discussion item): Chair Jaffee opened a discussion on the requirement that multifamily projects in Downtown Maitland include 60% non-residential ground-floor uses regardless of lot size. Commissioner Linehan disclosed he is participating in a statewide "missing-middle housing" project for lots under one acre and argued the additive hindrances (stormwater + parking + non-residential requirements) make small projects unworkable — he supports removing non-residential requirements on smaller lots. Director Daniels suggested agendizing it first as a discussion item, then an action item. Vice-Chair Barry warned against overbuilding retail ("dark" retail spaces) and called for a demand study. This thread becomes the recurring "Small Lot Residential Development in the DM Zoning District" item across April and May.
  • These March 5, 2026 minutes were approved 5-0 at the April 2, 2026 meeting.