10.0.1. Purpose. This article sets forth the application and review procedures required for obtaining development approval, appealing decisions, and taking legislative action. The City of Longwood intends that the standards and design criteria adopted in this Development Code apply to development carried out by the city; however, the city shall not be required to follow the procedural requirements established in this article, other than the requirements to provide notice and a citizen participation and awareness plan.

10.0.2. Definitions.

A.

Development activity. Any of the following activities:

1.

Construction, clearing, filling, excavating, grading, altering the grade, paving, dredging, mining, drilling or otherwise significantly disturbing or altering the soil of a site.

2.

Building, installing, enlarging, replacing or substantially restoring a structure, impervious surface, or water management system, and including the storage of materials.

3.

Dividing land into two or more parcels.

4.

A tree removal for which authorization is required under this Development Code.

5.

Erection of a permanent sign unless expressly exempted by section 6.3.2 of this Development Code.

6.

Alteration of a historic property for which authorization is required under this Development Code.

7.

Changing the use of a site in a manner that results in the addition of parking spaces that involves an increase in impervious surface.

8.

Construction, elimination or alteration of a driveway onto a public street.

9.

Any other activity for which a permit is required pursuant to any construction code (building, electrical, plumbing, etc.) adopted by the City of Longwood.

B.

Construction permit. For purposes of this Development Code, a construction permit is that official city document which authorizes the commencement of construction or land alteration without need for further application and approval. Construction permits include all types of building permits (plumbing, electrical, foundation, mechanical, and so forth, in addition to the building permit itself), grading and clearing permits, tree removal permits, sign permits, etc.

C.

Department. The community development department or person designated by the community development director.

D.

Local (Land) planning agency (LPA). The City of Longwood Local (Land) Planning Agency.

E.

Small-scale future land use map amendment. A small-scale future land use map amendment is an amendment to the future land use map portion of the City of Longwood Comprehensive Plan as provided for in F.S. ch. 163.

F.

Substantially affected person. A substantially affected person as used herein shall be any person who could suffer an adverse effect to an interest protected or furthered by the local government Comprehensive Plan, including but not limited to: interests related to health and safety; police and fire protection services; densities or intensities of development; transportation facilities; recreational facilities; educational facilities; health care facilities, equipment, or services; and environmental or natural resources. The alleged adverse effect may be shared in common with other members of the community at large, but must exceed in degree the general interest in community good shared by all persons. A person within the area receiving mailed notice for the hearing on the matter at issue shall be automatically deemed to be a substantially affected person.

G.

Development review committee. There is hereby established a development review committee (DRC).

1.

Membership. Membership of the DRC shall include the following, or their designated representative:

a.

Director of the community development department, who shall act as chair.

b.

Police chief.

c.

Fire chief or fire marshal.

d.

Building official.

e.

City engineer.

f.

Additional members who may be appointed by the community development department director on an as-needed basis.

2.

Other county, local, state or federal agencies may be consulted by the DRC for advice or recommendations on any matter or application being considered by the DRC.

3.

Duties and responsibilities. The duties and responsibilities of the DRC shall include:

a.

Review and provide recommendations on major and minor site plan applications, conditional use permits, planned developments and other items, as determined by the community development director.

b.

Determining areas of noncompliance with city development requirements contained as part of an application.

c.

Define steps necessary to bring applications into compliance with city development requirements.

d.

Consider waivers from the LDC along with conditions to be placed on development to mitigate potential impacts

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1976, § 1, 11-7-2011; Ord. No. 18-2136, § 3, 6-18-2018)

10.0.3. Withdrawal of applications. An application for any action under this article may be withdrawn at any time so long as the final public hearing on the matter has not commenced. Once withdrawn, all fees shall be paid and notices given anew if the application is re-filed.

10.0.4. Participation by applicant. The applicant or representative shall be notified of all meetings and shall be required to attend all public meetings at which any application for development approval is being considered.

(Ord. No. 10-1929, § 1, 9-27-2010)

10.0.5. Application requirements.

A.

All properties within a single application must be part of a unified site development plan.

B.

All applications must be filed on official forms provided by the City of Longwood and accompanied by the required fee.

C.

No application shall be accepted for review under this article unless the current property owner, as shown in the records of the Seminole County Property Appraiser or other legal document, either signs the application or signs a written authorization for another person to act as representative. In the case of an application for a change in use, the signature of the owner shall be notarized. Where the subject property is owned by multiple owners, all owners, or a legal representative, must be signatory to any development application.

D.

The department may prescribe deadlines for filing applications beyond which a filed application will not be considered at the next meeting of the first decision-making body.

E.

If an applicant withdraws an application or requests tabling so that additional costs of notice are incurred, the applicant shall be responsible for the additional costs.

F.

Except for building permits which are governed by the Florida Building Code, applications are valid for six months after a complete application is received. After six months, staff will send by certified mail a letter indicating that the application will be voided within 30 days without a resubmittal including a demonstrable good faith effort to address outstanding issues. If no resubmittal is received within that 30-day period, the application will be voided by staff and a new application will need to be submitted.

(Ord. No. 13-2016, § 1, 11-18-2013; Ord. No. 14-2049, § 1, 4-20-2015)

10.0.6. Notice.

A.

Generally.

1.

Notices of all meetings involving any application described herein shall be placed in a conspicuous place at city hall.

2.

All notices shall identify the tax parcel identification number taken from the Seminole County Property Appraiser records, the street address and/or the general location of the proposed project. A site location map may be included as appropriate.

3.

Proof of publication and mailing notices shall be available for public inspection.

B.

Specific types of notice.

1.

When mailing of notices is required in this article, the notice shall be sent to the applicant (where applicable), all property owners within 500 feet of any boundary of the subject parcel as shown on the Seminole County Property Appraiser records, and to the registered point of contact for any affected property owners' association registered with the department. Where the property owners' association point of contact is registered with the city, the notice shall also be sent to them by e-mail. Notices shall be mailed by certified mail or proof of mailing, unless otherwise specified. The notice shall be mailed not more than 30 days prior to the hearing and not less than 15 days prior to the hearing.

2.

When newspaper advertisements are required, they shall appear in a newspaper of general circulation within the City of Longwood. Any nonlegal advertisement shall include a laymen's description of the matter under consideration, and shall not be placed where legal notices and classified advertisements appear. The advertisement shall appear not less than ten days prior to the hearing.

3.

When site posting is required, the notice shall be posted in at least one conspicuous place on the subject site for not less than ten days prior to the hearing.

(Ord. No. 14-2049, § 1, 4-20-2015; Ord. No. 16-2107, § 1, 2-6-2017; Ord. No. 19-2156, § 1, 9-16-2019)

10.0.7. Failure to meet deadlines. Failure to meet any deadline imposed by this article on the department should be reported to the applicant and the city manager, but shall have no effect on the validity of the city's action on the application.

10.0.8. Citizen awareness and participation plan.

A.

Applications for the following land use decisions shall include a citizen awareness and participation plan (CAPP):

1.

Major site plans.

2.

Conditional use permit applications.

3.

Planned developments.

4.

Comprehensive plan amendments related to the development of a specific parcel or parcels.

5.

Other applications at the discretion of the community development director.

B.

The purpose of the citizen awareness and participation plan is to:

1.

Ensure that applicants pursue early and effective citizen participation in conjunction with their applications, giving them the opportunity to understand and mitigate any real or perceived impacts their application may have on the neighborhood and community.

2.

Ensure that the citizens and property owners of Longwood have an adequate opportunity to learn about applications that may affect them and to work with applicants to resolve concerns at an early state of the process.

3.

Facilitate ongoing communication between the applicant, interested citizens and property owners, city staff, and elected officials throughout the application review process.

4.

The citizen awareness and participation plan is not intended to produce complete consensus on all applications, but to encourage applicants to be good neighbors and to allow for informed decision-making.

5.

At a minimum the citizen awareness and participation plan shall include the following information:

a.

Identification of the residents, property owners, interested parties, political jurisdictions, and public agencies that may be affected by the proposed development.

b.

Description of how notification will be provided to those interested in and potentially affected by the proposed development. At a minimum, this will include a notification by the applicant to property owners within 300 feet of the boundaries of the proposed development and each city commissioner and the city manager. Further notification requirements may be required by the community development director based on the expected impact of the development.

c.

Description of how information will be provided to those interested and potentially affected of the substance of the change, amendment, or proposed development for which approval is sought.

d.

Description of the means by which an opportunity will be provided to those interested or potentially affected to discuss the proposal and express any concerns, issues, or problems well in advance of the first public hearing.

e.

The applicant's schedule for completion of the citizen awareness and participation plan.

f.

The means by which the applicant will keep city officials informed on the status of citizen participation efforts.

6.

The level of citizen interest and area of involvement will vary depending on the nature of the application and the location of the proposed development. The applicant will determine the target area for early notification after consultation with the planning division staff. At a minimum, the target area shall include the following:

a.

Property owners within the public hearing notice area as required by other sections of this Development Code.

b.

The head or chair of any homeowners association or registered neighborhood group within the public notice area required by other sections of this Development Code.

c.

Other interested parties who have requested to be placed on an interested parties notification list maintained by the planning division.

7.

These requirements apply in addition to any other notice provisions required elsewhere in this Development Code.

8.

The applicant may submit a citizen awareness and participation plan and begin implementation prior to formal application at the applicant's discretion. This shall not occur until after the required pre-application conference and consultation with the community development department.

9.

Where a citizen awareness and participation plan is required by this Code, the applicant shall provide a written report on the results of the citizen participation efforts prior to the notice of public hearing. This report will be attached to the public hearing report. The report shall, at a minimum, contain the following information:

a.

Details of techniques used to involve interested and potentially affected parties, including:

i.

Dates and locations of all meetings where citizens were invited to discuss the applicant's proposal.

ii.

Content, dates mailed, and numbers of mailings, including letters, meeting notices, newsletters, and other publications.

iii.

Location of residents, property owners and other interested parties who received notices, newsletters, or other written materials.

iv.

The number and names of people that participated in the process.

b.

A summary of concerns, issues, and problems expressed during the process, including:

i.

The substance of the concerns, issues, and problems.

ii.

The manner in which the applicant has addressed or intends to address these concerns, issues, and problems.

iii.

The concerns, issues, and problems the applicant is unwilling or unable to address and why.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 16-2107, § 1, 2-6-2017; Ord. No. 18-2136, § 3, 6-18-2018; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022)

10.1.1. Generally. No development activity, as defined herein, may be undertaken unless the activity is authorized by a construction permit.

10.1.2. Prerequisites to issuance of construction permit.

A.

Except as provided in section 10.1.3 below, a construction permit may not be issued unless the proposed development activity:

1.

Is authorized by an approved site development plan pursuant to section 10.2.0 of this article; and

2.

Conforms to all applicable codes as adopted by reference in article I.

(Ord. No. 10-1929, § 1, 9-27-2010)

10.1.3. Exceptions to requirement of an approved site development plan. For the following development activities, the applicant shall not be required to obtain site development plan approval pursuant to section 10.2.0 of this article. Unless otherwise specifically provided, the development activity shall conform to this Development Code and all applicable codes as adopted by reference in article I.

A.

Development activity necessary to implement a valid previously-approved site development plan.

B.

The construction or alteration of a one or two-family dwelling, or addition of an allowed accessory structure, on a lot in a valid recorded subdivision or on a lot of record.

C.

The alteration of an existing building or structure so long as the gross floor area is not increased by more than ten percent or 1,000 square feet, whichever is less.

D.

The erection of a sign that is not exempt from permitting or the removal of protected trees on a previously developed site where such sign or tree removal is independent of any other development activity on the site.

E.

The resurfacing of a parking area, driveway, or other impervious surface, or the addition of not more than 2,000 square feet of impervious surface.

F.

A change to site access that impacts vehicle circulation.

(Ord. No. 13-2016, § 1, 11-18-2013; Ord. No. 20-2170, § 1, 2-17-2020)

10.1.4. Procedure.

A.

Application. An application for a construction permit shall be filed with the department on forms provided by the department.

B.

Completeness review. The application and any required submittals shall be reviewed for completeness by the department. If incomplete, the department shall, within five working days of receipt of the application, inform the applicant of what additional information is needed.

C.

Compliance review. The department shall review the proposal and decide whether to grant or deny the requested construction permit. The department's decision shall be based on whether the proposal complies with all applicable provisions of this Development Code and other city regulations. The department shall complete the compliance review and issue or deny the permit within 20 working days of having received a complete application.

D.

Notice. No notice of an application for a construction permit need be given.

E.

Decision. A decision to approve the application shall be in the form of a written permit. A decision to deny shall be in the form of a letter setting forth the reasons for the denial.

10.1.5. Additional standards for the review of permits within the historic district.

A.

Submittal of a construction permit for addition, alteration, or significant repair of a contributing, support, or annex structure shall require a pre-application meeting with staff before submittal.

(Ord. No. 22-2219, § 1(Exh. A), 4-18-2022)

10.2.1. Generally.

A.

Applicability. A site development plan is required to authorize any development activity except that development activity listed in section 10.1.3 of this article. Administrative approval for projects developed under the Live Local Act shall be sought through the process detailed in this section.

B.

Authority of department. The department shall develop procedures for the review of site development plans. The procedures shall comply with the general procedural requirements set forth in this article.

C.

Major and minor site development plans. Site development plans will be classified as either "major" or "minor" based on the level of impact. Development activity that shall be considered a major site development plan shall include new construction, or expansions or redesigns of existing development when associated with a change of use that will create over 10,000 square feet of gross floor area and its required parking. All other site development plans (including site plan amendments) shall be considered minor unless otherwise determined by the community development director.

D.

Submittals. An application for major and minor site development plan approval shall be on forms provided by the department. For subdivisions, plats conforming with section 10.14.0 shall be provided. For all other development, the following information shall accompany the application and be prepared by a professional engineer, architect or qualified landscape architect where relevant to the proposed development unless waived by the community development director:

1.

A boundary survey map at a minimum scale of one inch equals 30 feet. All other submittals shall be of the same scale. The footprint of all structures on adjacent properties within 50 feet of the applicant's lot or the center line of a frontage street.

2.

A map showing surrounding land uses as per the adopted future land use map.

3.

The topography of the site at one foot contours, including 20 feet off site in each direction.

4.

A description of the density and/or intensity of the proposed development and the phases of development.

5.

A depiction of all structures, including the footprint and height calculation of all structures within 50 feet of the applicant's lot, roadways, pedestrian ways, open space, buffering, and recreation facilities, including points of access to public roadways and the location of any median cuts.

6.

A depiction of the location of fire lanes, security lighting and trash facilities.

7.

A tree survey consistent with LDC 3.5.5(C)(2).

8.

A landscape plan.

9.

Sufficient data and graphics to enable the city engineer to evaluate the proposed stormwater management facilities, including appropriate calculations.

10.

The name of each utility provider and the type of service to be provided.

11.

The location of all parking spaces and off-street loading facilities.

12.

Fire flow calculations.

13.

A table identifying the specific amount of each land use being proposed.

14.

The location and size of all signage.

15.

Any other information required on the application or as determined to be necessary at a preapplication conference.

16.

A detailed description of the proposed use of the site and structure.

17.

Color elevations of proposed structures.

18.

Conceptual lighting plan (including street lighting, where applicable).

19.

Where phasing is proposed, a master site plan detailing each proposed phase.

20.

For the following project types, scaled renderings are required that show the project from four directions, including accurate depictions of the visual impact on neighboring properties in each direction, including accurate building heights and grades for each property.

a.

Apartments.

b.

Planned developments.

c.

Buildings above 35 feet.

d.

Townhouse projects of five or more total units.

e.

Any project in the transit village neighborhood zoning category.

f.

Historic district projects other than single family homes.

g.

Any project adjacent to properties in single-family residential use.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 11-1976, § 1, 11-7-2011; Ord. No. 14-2049, § 1, 4-20-2015; Ord. No. 18-2136, § 3, 6-18-2018; Ord. No. 20-2189, § 1, 10-19-2020; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022; Ord. No. 23-2240, § 1, 10-2-2023; Ord. No. 24-2254, § 1, 8-5-2024)

10.2.2. Procedure for major and minor site development plans.

A.

Preapplication conference. Prior to filing for major or minor site development plan review, the applicant shall meet with the department to discuss the development review process and to be informed of which staff members to confer with about the application. No person may rely upon any comment concerning a proposed site development plan, or any expression of any nature about the proposal made by any participant at the preapplication conference as a representation or implication that the proposal will be ultimately approved or rejected in any form.

B.

Citizen awareness and participation plan meeting. Major site plans are subject to the requirements of section 10.0.8 of this LDC related to the citizen awareness and participation plan (CAPP). Minor site development plans may be subject to the citizen awareness and participation plan (CAPP) requirements as determined by the community development director based on projected development impact.

C.

Completeness review. The department shall review an application for site development plan approval to determine whether all necessary information has been provided. Within five working days of the receipt of an application, the department shall inform the applicant if additional information is needed to comply with submittal requirements. If the property has any outstanding Code violations, the community development director, based upon a review of the impacts of the violation and the applicant's efforts to correct the violation, may choose not to review the site development plan application until the violations have been cleared.

D.

Development review committee (DRC) meeting. A development review committee meeting is required for major site development plans. Minor site development plans may require a DRC meeting as determined by the community development director based on projected development impact. In considering whether to approve an application for a site development plan, the development review committee will consider the evidence presented by the applicant and its consistency with the Longwood Development Code, the Comprehensive Plan and any and all applicable legal documents. The development review committee shall recommend approval, recommend approval with conditions, or recommend denial to the community development director.

E.

For site plans that do not require formal review, the community development director will consider the recommendation of the development review committee before rendering a final decision approving, approving with conditions, or denying the site development plan. For site plans that require formal review, the community development director will recommend approval, approval with conditions, or denial of the application to the city commission prior to the formal review hearing.

F.

The community development director may allow for phased development through a site development plan. Phased developments may be approved subject to the following standards:

1.

Where a site development plan includes multiple phases, a master site development plan shall be included as part of the site plan submittal.

2.

Each phase shall be designed to stand on its own as it relates to required facilities including, but not limited to, stormwater management, utilities, roadways, and open space, and so that the failure to proceed with a later phase has no negative impact on previous phases or surrounding properties.

G.

Formal review for site development plans.

1.

Within five working days of receipt of a complete site development plan application, staff shall provide notice pursuant to the requirements for mailed notice set forth in section 10.0.6.B.1, and provide notice by e-mail to each city commissioner. The notice shall inform the recipient that complete plans of the proposed development may be viewed at the department. Except for Live Local Act projects where administrative approval is required, Any city commissioner may request formal review of the site development plan by the city commission by notifying the City Manager of their intent within 15 days of receiving notice. In addition the site shall be posted pursuant to the requirements for site posting set forth in section 10.0.6.B.3.

2.

If a request for formal review has been filed by a city commissioner, the department shall place the site development plan on the agenda of the next available city commission meeting following the recommendation of the community development director and allowing for required notice. The department shall prepare a report on whether the application complies with the Comprehensive Plan and the provisions of this Land Development Code, and this report shall be made available as part of the meeting agenda.

a.

The city commission shall hold a hearing on the matter pursuant to the procedures set forth in section 10.13.0 of this article. The city commission shall determine whether the proposed site development plan complies with all applicable section provisions and approve, approve with conditions, or deny the site development plan.

H.

Density and Intensity Bonuses. For projects developed under the Live Local Act where administrative review of a request for a density or intensity bonus is required by the Act, the standards for density and intensity bonuses in LDC 10.4.3(6)(f) shall apply to the development through the site development plan process. The applicant shall provide a narrative report with the site development plan detailing how the project meets the requirements of 10.4.3(6)(f). The Community Development Director may approve a requested bonus, approve a requested or lesser bonus with reasonable conditions fairly calculated to mitigate the impact of the bonus, or deny a requested bonus.

I.

Amended application. Amendment of a petition by the applicant may be permitted at any time prior the department or city commission's final decision, provided that no such amendment shall be substantially or fundamentally inconsistent, as determined by the community development director, with the description given in the CAPP process unless the changes to the plan are a direct result of comments received at the CAPP meeting.

J.

Final development plan approval. Prior to the issuance of any development order or building permit, final development plan approval will be required in accordance with applicable provisions of article X.

K.

Platting.

1.

Where proposed development includes the subdivision of land, the final approval of the proposal by the department or city commission, as the case may be, shall be made contingent upon approval by the city commission of a plat for the development.

2.

The city commission shall review the plat pursuant to the requirements of F.S. ch. 177. A conforming plat shall be approved. Nonconforming plats shall be returned to the applicant with an explanation of deficiencies and a notice that a corrected plat may be resubmitted for approval.

3.

Where formal review of the development has been requested, the applicant may submit the plat along with the site development plan and the city commission may consider both simultaneously.

L.

The community development director may approve a minor deviation from the final development plan. Minor deviations must be authorized in writing. Minor deviations that may be authorized are those that appear necessary in light of technical and engineering considerations brought to light by the applicant or the community development director and shall be limited to the following:

1.

Alteration of the location of any road or walkway by not more than five feet.

2.

Reduction of the total amount of open space by not more than five percent or reduction of the yard area or open space associated with any single structure by not more than five percent, provided that such reduction does not permit the required open space to be less the requirements of the Development Code.

3.

Alteration of the location, type or quality of required landscaping elements.

M.

Changes that do not fall under the definition of a minor deviation shall require a site plan amendment.

N.

Where a project is approved utilizing provisions of the Live Local Act, the applicant must, prior to approval of a site development plan for the project, execute and record in the public records of Seminole County deed restrictions running with the land with terms acceptable to and enforceable by the City that: (i) prohibit any affordable housing unit from being rented or sold at a price that exceeds the threshold for housing that is affordable for low-income or moderate-income persons or to a buyer who is not eligible due to their income; (ii) is binding for at least 30 years consistent with the Live Local Act; (iii) provides for the city's enforcement remedies; (iv) provides for reporting and monitoring requirements; (v) details the affordable housing and project conditions and restrictions, and (vi) establishes a definition for "reasonable time to cure" as referenced in F.S. 166.04151(8) as no more than 30 days from a notice of violation. Mortgage holders will be required to execute and record a subordination of their lien interest to such deed restrictions prior to or simultaneously with the recording of the deed restrictions required by this subsection. The responsibility for reporting requirements and penalties for non-compliance shall be placed on the applicant.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 11-1969, § 1, 8-15-2011; Ord. No. 14-2049, § 1, 4-20-2015; Ord. No. 18-2136, § 3, 6-18-2018; Ord. No. 19-2156, § 1, 9-16-2019; Ord. No. 20-2189, § 1, 10-19-2020; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022; Ord. No. 23-2240, § 1, 10-2-2023; Ord. No. 24-2254, § 1, 8-5-2024)

10.2.3. Notice.

A.

Where formal hearing procedure is followed. If a request for a formal hearing is received, the notice of the city commission hearing shall be by posting the site in accord with section 10.0.6 of this article.

B.

Plat approval by city commission. Where the site development plan is approved administratively contingent on plat approval by the city commission, no special notice of the meeting at which the city commission shall consider the plat is required.

(Ord. No. 10-1929, § 1, 9-27-2010)

10.3.1. Intent.

A.

It is the intent of this article to recognize and permit certain uses and developments which require special review, and to provide the standards by which the applications for permits for uses and development shall be evaluated.

B.

It is further intended that conditional use permits be required for developments which, because of their inherent nature, extent and external effects, require special care in the control of their location, design and methods of operation in order to ensure conformance with the Comprehensive Plan.

C.

Those uses listed in article II as permitted conditional uses in a future land use district may be established in that district only after approval of a conditional use permit by the city commission.

D.

Conditional use permits, with city commission approval, may be used to allocate density and intensity bonuses for projects under two acres in size.

E.

The expansion of any nonconforming use.

F.

The reestablishment of a nonconforming use that has been discontinued for more than one year but not more than two years.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1969, § 1, 8-15-2011; Ord. No. 18-2136, § 3, 6-18-2018)

10.3.2. Criteria for issuance. Applicants for conditional use permits shall submit a major site development plan. In addition to the requirements of section 10.2.0, the applicant shall submit a conditional use permit application form which describes how the proposed development meets the following conditions. No conditional use permit shall be approved unless the following findings are made concerning the proposed use:

A.

That the use or development complies with all required regulations and standards of Land Development Code and all other applicable regulations except where the Commission sees fit to expand or re-establish a non-conforming use.

B.

That the proposed use or development will have general compatibility and harmony with the uses and structures on adjacent and nearby properties.

C.

That the use or development limits to the maximum extent practicable nuisance factors detrimental to adjacent and nearby properties and the city as a whole. Nuisance factors shall include but not necessarily be limited to noise, odor, smoke, glare, electrical interference and/or mechanical vibrations.

D.

That the use or development is appropriately scaled to the neighborhood successfully mitigates otherwise incompatible elements.

E.

That necessary public utilities are available to the proposed site and have adequate capacity to service the proposed use and development.

F.

That the use or development is serviced by streets of adequate capacity to accommodate the traffic impacts of the proposed use.

G.

That screening and buffers are proposed of such type, dimension and character to improve compatibility and harmony of the proposed use and structure with the uses and structures of adjacent and nearby properties.

H.

That the use or development conforms to the general plans of the city as embodied in the City Comprehensive Plan.

I.

That the proposed use or development meets the level of service standards adopted in the Comprehensive Plan and conforms to the city's concurrency management requirements.

J.

That the development is supportive of the surrounding neighborhood including pedestrian and transit connectivity where applicable.

K.

Non-Conforming Uses. Where the Commission is considering a CUP for the expansion of a non-conforming use, the following additional criteria shall be considered:

1.

The resulting condition is in the best interest of the City.

2.

The applicant has provided a justification for why the non-conforming use should be expanded or re-established, and detailed efforts taken to ensure that any negative impacts of the non-conforming use have been mitigated to the maximum extent practicable.

3.

The request is not so common as to be applicable to numerous sites, thus establishing a precedent that could be reasonable expected to undermine the codes that made the use non-conforming in the first place.

4.

The expansion or re-establishment of the use could not reasonably be considered detrimental to economic development goals of the City.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 18-2136, § 3, 6-18-2018; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022; Ord. No. 24-2254, § 1, 8-5-2024)

10.3.3. Permit conditions. Additional conditions or requirements shall be included as part of the conditional use permit and may include, but shall not be limited to, the following:

1.

Adjusting the required lot size or yard dimension.

2.

Adjusting the height, size or location of buildings.

3.

Controlling the location and number of vehicle access points.

4.

Adjusting the street width.

5.

Adjusting the number of required off-street parking spaces.

6.

Limiting the number, size, location or lighting of signs.

7.

Require additional fencing, screening, landscaping or other facilities to protect adjacent or nearby property.

8.

Designating sites for open space or requiring the protection of existing natural areas and habitats.

9.

Restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor.

10.

Designate the size, location, screening, drainage, surfacing or other improvement of a parking or truck loading area.

11.

Protect existing trees, vegetation, water resources, wildlife habitat or other significant natural resources.

12.

Consider the size, style, history, and appearance of a structure.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022)

10.3.4. Procedures for approval.

A.

Citizen awareness and participation plan meeting. The applicant shall be subject to the citizen awareness and participation plan (CAPP) requirements of article X, section 10.0.8 of this Development Code. CAPP meetings for conditional use permits must be held prior to the city commission hearing.

B.

Application submittal requirements. A conditional use permit application shall be filed with the city's community development department on the form prescribed. Any incomplete applications will be returned to the applicant.

C.

Site development plan. The applicant for a conditional use permit shall follow the procedure for a major site development plan consistent with section 10.2.0 of this Land Development Code, with additional requirements as described in this section.

D.

Development review committee (DRC) meeting. A development review committee meeting is required for conditional use permits. In considering whether to recommend approval on an application for a conditional use permit, the DRC shall consider the evidence presented by the applicant and shall act on the application based on the findings required in section 10.3.2. The development review committee shall recommend approval, recommend approval with conditions, or recommend denial to the community development director. The community development department shall prepare a written staff analysis of the conditional use permit including whether the application complies with the Comprehensive Plan and the provisions of this Land Development Code, as well as the recommendation of the DRC, and submit a recommendation for approval, approval with conditions or denial to the city commission.

E.

Effect of denial or withdrawal on subsequent application. No application for a conditional use permit shall be entertained within six months after the denial of a request for the same use for the same property unless substantial changes, as determined by the community development director, are included as part of the revised application. The applicant may appeal the director's determination to the city commission, who may waive this time limitation.

F.

The city commission shall hold a hearing on the matter pursuant to the procedures set forth in section 10.13.0 of this article. The hearing shall have mailed notice, newspaper advertisement, and site posting notice consistent with 10.0.6(B). The city commission shall determine whether the proposed conditional use permit complies with all applicable section provisions and shall approve, approve with conditions, or deny the conditional use permit application. The city commission may approve, approve with conditions, or deny the conditional use permit application.

G.

Amended application. Amendment of a petition by the applicant may be permitted at any time prior to the community development director's decision, provided that no such amendment shall be substantially or fundamentally inconsistent with the description given in the CAPP process unless those changes are in direct response to comments made at the CAPP meeting.

H.

Appeal of decision. Any affected person may appeal community development department's decision on an application for a conditional use permit. The appeal must be filed within 15 days of the date notification of the decision is sent to the applicant. The procedure for the appeal shall be the same as is provided in section 10.12.0, Appeals, for appeals from decisions of the community development department. In cases where a public hearing before the city commission is required. The decision of the city commission shall constitute a final action for the city and may, thereafter, be appealed to circuit court in accordance with Florida Law.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 11-1969, § 1, 8-15-2011; Ord. No. 18-2136, § 3, 6-18-2018; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022)

10.3.5. Amendments to and modification of permits.

A.

The community development director may approve a minor deviation from the final development plan associated with the conditional use permit. Minor deviations must be authorized in writing and can not affect any condition of approval of the conditional use permit. Minor deviations that may be authorized are those that appear necessary in light of technical and engineering considerations brought to light by the applicant or the community development director and shall be limited to the following:

1.

Alteration of the location of any road or walkway by not more than five feet.

2.

Reduction of the total amount of open space by not more than five percent or reduction of the yard area or open space associated with any single structure by not more than five percent, provided that such reduction does not permit the required open space to be less the requirements of the Development Code.

3.

Alteration of the location, type or quality of required landscaping elements.

B.

Any change or amendment which modifies one of the following criteria shall constitute a modification of the conditional use permit and will be processed as an amendment to the conditional use permit:

1.

A change in the boundaries of the approved site, except for minor boundary adjustments;

2.

Either an increase of ten percent or more or incremental increases that total ten percent or more in the floor area or number of parking spaces as approved;

3.

Substantial changes in the approved location of principal and/or accessory structures;

4.

Structural alterations significantly affecting the basic size, form, style, ornamentation and appearance of principal and/or accessory structures as shown on the approved plans;

5.

Substantial changes that negatively impacts approved pedestrian or vehicular access or circulation;

6.

Substantial change that negatively impacts approved amount or location of landscape screens or buffers; and

7.

Any change that impacts a condition of approval for the conditional use permit.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1969, § 1, 8-15-2011; Ord. No. 18-2136, § 3, 6-18-2018)

10.3.6. Expiration, abandonment, revocation and extension of permits.

A.

Expiration. Permits issued under this article shall expire after two years from issuance unless a subsequent development order or building permit is obtained in reliance of the issued permit.

B.

Abandonment of permits. On request of the permit holder, the community development director may approve the abandonment of a conditional use permit provided no construction has begun.

C.

Revocation of permit. If any conditions of the conditional use permit are violated, the permit issuing authority may revoke the permit after giving proper notice to the permittee. The permit may be reinstated by the community development department director if the circumstances leading to the revocation are corrected.

D.

Extension of permit. At the request of the applicant and for good cause shown, the community development department director may extend the time of the permit's expiration, up to two years. The extension may only be granted if all the concurrency management requirements of this chapter can be met and if the extension would not be in conflict with any other ordinance of the city.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 18-2136, § 3, 6-18-2018)

10.4.1. Generally.

A.

Purpose. It is the purpose of the planned development district to provide a method for landowners or developers to submit unique proposals which are not specifically provided for or allowed in districts found in this Land Development Code. In particular, these provisions allow for the superior design of a mix of residential and nonresidential uses, higher-density residential uses, and/or unique design features which might otherwise not be allowed in the district, however all uses must conform to the Comprehensive Plan including the underlying future land use of the property. The PD process is also intended to provide for density and intensity bonuses. The planned development district will be applied only upon specific petition by the property owner or authorized agent.

B.

Objectives. The PD provisions are intended to promote flexibility of design and integration of uses and structures, while at the same time retaining in the city commission the absolute authority to establish limitations and regulations thereon for the benefit of the public health, welfare and safety. PD provisions are designed to:

1.

Permit outstanding and innovative residential, nonresidential, and mixed-use developments with a building orientation generally toward streets and sidewalks; provide for an integration of housing types and accommodation of changing lifestyles within neighborhoods; promote innovative buffering and design techniques to mitigate the external impacts of the development; and provide for design which encourages the preservation and enhancement of natural features including trees and water bodies, internal and external convenient and comfortable travel by foot, bicycle, and transit.

2.

Provide flexibility to meet changing needs, technologies, economics and consumer preferences.

3.

Preserve to the greatest extent possible, and utilize in a harmonious fashion, existing and outstanding landscape features and scenic vistas.

4.

Lower development and building costs by permitting smaller networks of utilities, a network of narrower streets, and the use of more economical development patterns and shared facilities.

5.

Achieve overall coordinated building and facility relationships and infill development, and eliminate the negative impacts of unplanned and piecemeal development.

6.

Enhance the combination and coordination of architectural styles, building forms and building relationships within the development.

7.

Promote the use of traditional, quality-of-life design features, such as pedestrian scale, parking located to the side or rear of buildings, narrow streets, connected streets, terminated vistas, front porches, recessed garages, alleys, aligned building façades that face the street, and formal landscaping along streets and sidewalks.

8.

Provide an efficient mechanism for considering larger-scale industrial center projects with or without a direct impact on residential areas.

C.

Planned developments shall meet the requirements of all other sections of this Code, including, but not limited to, parking, landscaping, and open space requirements. Conflicts between the base zoning requirements and the proposed planned development standards shall be noted as exceptions and documented in the development agreement. The planned development district shall in no way be used to circumvent requirements of other districts or other codes of the city. The proposed master plan shall be consistent with the land use plan designation of the site.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022; Ord. No. 23-2240, § 1, 10-2-2023)

10.4.2. Minimum requirements for planned development district approval. All planned developments shall be larger than two acres and shall otherwise include one or more of the following justifications as determined by the city commission as part of the review of the zoning map amendment:

1.

The proposed development is unique and promoted by Comprehensive Plan. The use, site design, or other associated design elements associated with the proposed project are not provided for by the Land Development Code or require flexibility in order to support a project type that is otherwise prioritized in the Comprehensive Plan.

2.

Size, scale, complexity and design. The proposed development is of such size, scale, complexity, and/or unique design that it would be inconvenient and inefficient to process such a proposal outside the PD process.

3.

Specialized compatibility and design characteristics. The nature of the proposed use at a specific site requires specialized design characteristics to preserve and protect neighborhood character, environmental concerns and other concerns unique to the immediate area, consistent with Comprehensive Plan policies.

4.

The project requires the implementation of a density or intensity bonus provided for by this Land Development Code and is not a Live Local Act project.

5.

The use is subject to planned development approval per LDC 2.3.0Allowable Uses.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022; Ord. No. 23-2240, § 1, 10-2-2023; Ord. No. 24-2254, § 1, 8-5-2024)

10.4.3. Review process. The review process for a planned development district is as follows:

1.

Pre-application meeting. The applicant for a planned development district shall schedule a pre-application meeting to discuss the procedures and requirements and to consider the elements of the proposed use and site and the proposed site plan.

2.

Submittal of zoning map amendment. The applicant for a planned development district shall submit an application for a zoning map amendment consistent with LDC 10.11.0, inclusive of all requirements unique to a planned development district included in this section. Where the underlying land use does not support a proposed planned development, an amendment to the future land use map may be considered simultaneously.

3.

Citizen awareness and participation plan meeting. The applicant is subject to the citizen awareness and participation plan (CAPP) requirements of article X, section 10.0.8 of this Development Code.

4.

Conceptual development plan. Concurrent to the submittal of a zoning map amendment pursuant to section 10.11.0, a conceptual development plan shall be submitted. Should the city commission approve a zoning amendment to a planned development district, the commission shall concurrently or shortly thereafter adopt a conceptual development plan, which shall be the basis for implementation of a site development plan and/or plat as appropriate. The conceptual site plan shall include the requirements of 10.2.1.D except as amended below:

a.

The following submittal requirements of LDC 10.2.1.D may be omitted for the purposes of a conceptual plan and zoning approval, but will be required as part of the final site development plan unless expressly waived in the development agreement:

(1)

A depiction of the location of security lighting and trash facilities.

(2)

A tree survey consistent with LDC 3.5.5(C)(2).

(3)

Sufficient data and graphics to enable the city engineer to evaluate the proposed stormwater management facilities, including appropriate calculations.

(4)

Fire flow calculations.

(5)

Conceptual lighting plan (including street lighting where applicable).

b.

An enumeration of anticipated differences between the current applicable design standards of the most appropriate zoning district for the property as determined by the community development director during the pre-application phase and the proposed PD standards.

c.

A development schedule for the PD (or for each phase, if phasing is proposed). The development schedule shall not be binding, except as may be specifically required in the development agreement.

d.

A detailed description of the specific manner in which the project exceeds the standards of the Comprehensive Plan, Development Code, and other applicable visioning documents by providing a higher quality of design, including, but not limited to, the furthering of quality mixed-used design multi-modal transportation options, and the provision of public amenities, and well-designed civic spaces, and community activity centers.

e.

A detailed location map and specific narrative description of how the project will be designed to be in harmony with the surrounding area, the Heritage Village Redevelopment Strategy, and/or any development plan, and how any negative impacts to surrounding development or development plans will be mitigated.

f.

A program to provide for operation and maintenance of such areas, facilities, and improvements for common use by the occupants of the planned development; but which will not be provided, operated or maintained at general public expense.

g.

A transportation analysis shall be required at the conceptual phase for any development generating more than 250 average trip ends for weekday or weekend (whichever is higher) according to the latest edition of the Institute of Transportation Engineers Trip Generation Manual. The analysis and methodology shall be in accordance with generally accepted traffic engineering practices and procedures subject to review and approval of the city engineer. At a minimum, the analysis shall include total trips generated by the project, a.m. (if deemed necessary by the analyst) and p.m. peak hour directional trips and distribution at project access points and links to significant other roadways to such a point as the impacts become acceptable and other traffic improvements required as a result of the project. Where the project impacts roads under another agency's jurisdiction, including Seminole County, the transportation analysis shall reflect data from that agency including the impact of approved and anticipated projects on affected facilities.

5.

Approval process.

a.

The granting of a zoning map amendment of a property to a planned development district and the approval of its accompanying conceptual development plan by the city commission shall constitute authority for the applicant to submit an application for a site development plan within 12 months of the approval date of the re-zoning. The conceptual development plan may, where applicable, serve as a preliminary plat.

b.

The site development plan shall be processed pursuant to LDC 10.2.0 and any approvals associated with the conceptual development plan including any waivers or exceptions.

c.

The site development plan shall be approved through a Development Agreement pursuant to LDC 10.5.0.

6.

Requirements and evaluation of PD. The applicant shall prepare a report that is submitted with the application and addresses each item in the subsections below. In considering a proposed PD for approval, the city commission shall evaluate the proposal in consideration of these criteria and approve, approve with conditions, or deny the PD application:

a.

Conformance with the PD objectives and the Comprehensive Plan. No development plan may be approved unless it is consistent with the objectives set forth in this section and the Comprehensive Plan and any and all applicable documents.

b.

Concurrency. The proposed PD must meet or exceed the level of service standards adopted in the Comprehensive Plan. Proof of the ability of the conceptual plan to meet these standards shall exist in the form of a certificate of concurrency exemption, certificate of preliminary or final concurrency (as applicable at the particular review stage), or certificate of conditional concurrency reservation, or mobility fund contributions where applicable.

c.

Internal compatibility. All land uses proposed within a PD must be compatible with other proposed uses; that is, no use may have any undue adverse impact on any neighboring use within the project boundaries, based on the streetscape, treatment of pedestrian ways and circulation, motor vehicle circulation, and the separation and buffering of parking areas and sections of parking areas; the existence or absence of, and the location of, focal points and vistas, open spaces, plazas, recreational areas and common areas, and use of existing and proposed landscaping; use of the topography, physical environment and other natural features; use and variety of building setback or build-to lines, separations and buffering; use and variety of building groupings, building sizes, architectural styles, and materials; variety and design of dwelling types; particular land uses proposed, and conditions and limitations thereon; and any other factor deemed relevant to the privacy, safety, preservation, protection or welfare of any proposed use within the PD.

d.

External compatibility. All land uses proposed within a PD must be compatible with existing and planned uses of properties surrounding the PD; that is, no internal use may have any avoidable or undue adverse impact on any existing or planned surrounding use, nor shall any internal use be subject to undue adverse impact from existing or planned surrounding uses. An evaluation of the external compatibility of a PD should be based on the following factors; adjacent existing and proposed uses, design of the development, traffic circulation, and density and intensity.

(1)

The density, intensity, height, and bulk of the building or buildings must be generally compatible with the surrounding neighborhood while also advancing the applicable goals, objectives, and policies of the Comprehensive Plan. "Compatible with the surrounding neighborhood" does not necessarily mean "identical to" or even "similar to" the surrounding neighborhood. Developments using a density and/or intensity bonus will often be, by their nature, more dense, more intense, or both more dense and more intense than the surrounding neighborhood, but general compatibility with the surrounding neighborhood can still be achieved by ensuring that the subject development presents a logical transition between itself and the surrounding neighborhood. This can be accomplished in part through incorporating less intense and more compatible uses adjacent to the surrounding areas, and through landscape buffering that exceeds code minimums in a manner consistent with the impact of the new development, particularly as it relates to building height and massing and density bonuses.

(2)

Projects shall provide functional and logical linkages to activity centers and circulation facilities on such adjacent properties, where applicable.

e.

Intensity of development. The residential density and intensity of use of a PD shall be compatible with (that is, shall have no undue adverse impact upon) the physical and environmental characteristics of the site and surrounding lands, and they shall comply with the policies and density limitations set forth in the Comprehensive Plan. Within the maximum limitation of the Comprehensive Plan, the permitted density and intensity is adjusted based on compliance with bonus system provisions.

f.

Density and intensity bonuses and criteria. Density and bonuses for projects that would exceed the zoning district density or intensity maximums for a project, but do not exceed the Comprehensive Plan maximums for the future land use district are eligible for density and intensity bonuses pursuant to a finding that the project meets the standards below. Density and intensity bonuses may only be granted through approval of planned development by the City Commission or through administrative site development plan approval as required by the Live Local Act for applicable projects.

(1)

A development may be granted only a density bonus, only an intensity bonus, or may be granted both a density and an intensity bonus.

(2)

The city commission (or Community Development Director for Live Local Act projects) may approve a requested bonus, approve a requested or lesser bonus with reasonable conditions fairly calculated to mitigate the impact of the bonus, or deny a requested bonus.

(3)

A bonus shall not be considered an entitlement. A bonus may be granted only when an applicant presents clear and convincing evidence that the proposed design, density, intensity, and mix of uses will result in a superior development that is compatible with the surrounding area and neighborhood and achieves the criteria for approval provided in this section.

(4)

The following design enhancements represent options for creating a superior development. While not a strict point-based system, the amount of the density bonus given should be commensurate with both the number and scale of the enhancements provided. Enhancements deemed to have a greater public benefit will be more likely to receive a density bonus at the higher end of the allowable range. If improvements to the streetscape or other public property is part of a selected option, then such improvements must be maintained by the property owner or owners of the subject development unless appropriate maintenance obligations are accepted by the city. Eligible enhancements for density bonuses include:

(a)

Streetscape treatment that significantly exceeds the minimum standards normally required of the development's location.

(b)

Preservation of a significant natural habitat, particularly where more intense development is clustered in a manner that leaves treed areas or natural waterbodies undisturbed and protected.

(c)

Meaningful utilization of a natural area or water body through the provision of boardwalks, small boat ramps, or other similar features deemed desirable.

(d)

Outdoor plazas with fountains, decorative lighting, and other features to support outdoor dining and entertainment.

(e)

Undergrounding of existing utilities in the right-of-way of primary corridors that are presently above ground, coordinated with the appropriate agency.

(f)

Entrance features that highlight prominent intersections with unique artistic features, landscaping, lighting, and other elements that help make the development a landmark and improve the visual appeal of key corridors and intersections.

(g)

Provision of public art. The size, amount, location, and other quantitative and qualitative features of the public art are subject to review and approval as part of the planned development. Public art installed pursuant to this part must be maintained by the property owner or owners of the subject development unless appropriate maintenance obligations are accepted by the City

(h)

Another enhancement not otherwise required by code that is proposed by the applicant.

(i)

Structured parking that is lined with habitable space or other suitable measures.

g.

Usable open spaces, plazas and recreation areas. Usable open spaces, plazas and recreation areas provided within a PD shall be evaluated based on conformance with the policies of the Comprehensive Plan and the sufficiency of such areas to provide appropriate recreational opportunities, protect sensitive environmental areas, conserve areas of unique beauty or historical significance, enhance neighborhood design, and encourage compatible and cooperative relationships between adjoining land uses.

h.

Environmental constraints. The site of the PD shall be suitable for use in the manner proposed without hazards to persons either on or off the site from the likelihood of increased flooding, erosion or other dangers, annoyances or inconveniences. Condition of soil, groundwater level, drainage and topography shall all be appropriate to the type, pattern and intensity of development intended. All requirements related to environmental management, including surface water, gateway, nature park, greenway, uplands, and wellfield overlay districts, must be met.

i.

External transportation access. A PD shall be located on, and provide access to, a major street (arterial or collector) unless, due to the size of the PD and the type of uses proposed, it will not adversely affect the type or amount of traffic on adjoining local streets and/or other adequate transportation alternatives will be provided. Connection to existing or planned adjacent streets is encouraged.

j.

Internal transportation access. Every dwelling unit or other use permitted in a PD shall have access to a public street either directly or by way of a private road, pedestrian way, court or other area which is either dedicated to public use or is a common area guaranteeing access. Permitted uses are not required to front on a dedicated public road. Private roads and other accessways shall be required to be constructed so as to ensure that they are safe and maintainable.

k.

Provision for the range of transportation choices. Sufficient off-street and on-street parking for bicycles and other vehicles, as well as cars, shall be provided. Parking areas shall be constructed in accordance with such standards as are approved by the city commission to ensure that they are safe and maintainable and that they allow for sufficient privacy for adjoining uses. When there is discretion as to the location of parking in the project, it is strongly encouraged that all motor vehicle parking be located at the rear or interior side of buildings, or both. The design of a PD should, whenever feasible, incorporate appropriate pedestrian and bicycle accessways so as to provide for a variety of mobility opportunities. Connection to all sidewalks, greenways, trails, bikeways, and transit stops along the perimeter of the PD is required. Where existing perimeter sidewalks do not exist, sidewalks shall be provided by the development.

l.

Consistency with article II. Must incorporate any use requirements from article II of this LDC.

7.

Unified control. All land included in any PD shall be under the complete, unified, legal, otherwise-encumbered control of the applicant, whether the applicant be an individual, partnership, corporation, other entity, group or agency. The applicant shall furnish the city sufficient evidence to the satisfaction of the city attorney that the applicant is in the complete, legal and unified control of the entire area of the proposed PD. The application shall not be considered by the city commission until the city attorney has certified in writing that the legal requirements of this section have been fully met. The applicant shall submit an agreement stating that the applicant will bind the successors and assigns in title to any commitments made in the Development Agreement.

8.

Phasing. The city commission may permit or require the phasing or staging of a PD. When provisions for phasing are included in the development plan, each phase must be so planned and so related to previous development, surrounding properties and the available public facilities and services that a failure to proceed with subsequent phases will have no adverse impact on the PD or surrounding properties. Concurrency certification is not reserved by PD phasing.

9.

Timing. The city commission may establish reasonable periods of time for the completion of any dedicated public facilities within a PD, facilities planned for common areas, and the total PD, including the timing of residential uses in mixed-use developments pursuant to LDC 2.3.3 and 2.3.4 as applicable. If phasing is provided for, time limits for the completion of each phase shall also be established or may be deferred until development review. Any such limit may be extended by the city commission upon the petition of an applicant for an amendment to development agreement and based upon good cause, as determined by the city commission. Any such extension shall not automatically extend the normal expiration date of a building permit, site development plan approval or other development order. If time limits contained in the approved PD layout plan are not complied with and not extended for good cause, the city commission may amend the approved development plan or take other action so as to best protect adjoining properties and the public health, welfare or safety of the City. Failure to complete phasing on schedule shall require a new concurrency review and appropriate concurrency permit.

10.

Bonds. The city commission may also include, in the development agreement, requirements for bonds conditioned upon the satisfactory and timely completion of facilities planned for common areas, for the benefit of purchasers from the applicant, and public infrastructure improvements, when the development time limits and phasing schedule do not preclude the sale of individual units prior to the completion of such facilities.

11.

Applicability of other regulations. All building code, and other land use regulations including the Comprehensive Plan and this Land development code are applicable to a PD unless expressly waived by the city commission as part of the development agreement where applicable.

12.

Effect of denial, withdrawal, or non-compliance.

a.

Following the approval of a zoning amendment to a planned development district and the approval of a conceptual plan, should the applicant withdraw or otherwise abandon the application including the development agreement, the conceptual plan shall remain in effect until a new application is submitted or until the city commission re-zones the property. The city commission may consider allowing a new applicant to develop to the existing conceptual plan by adopting a new resolution that specifies a new submittal deadline for the final site development plan.

b.

No application for a planned development shall be entertained within six months after the denial of a request for the same use for the same property unless substantial changes, as determined by the community development director, are included as part of the revised application. The applicant may appeal the director's determination to the city commission, who may waive this time limitation.

13.

Amendments to approved planned developments.

a.

An amendment to a development agreement must be consistent with LDC 10.5.0 or a mutually agreed-upon process as specified in the development agreement.

b.

If, in the process of preparing the site development plan, a significant and unanticipated change from the conceptual plan becomes necessary, the applicant may pursue an amendment to the conceptual plan in the form of a resolution to be considered by the city commission prior to the consideration of a development agreement.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 13-2002, § 1, 3-18-2013; Ord. No. 13-2016, § 1, 11-18-2013; Ord. No. 18-2136, § 3, 6-18-2018; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022; Ord. No. 23-2240, § 1, 10-2-2023; Ord. No. 24-2254, § 1, 8-5-2024)

10.5.1. Applicability. The City of Longwood may consider and enter into a development agreement for a development located within its jurisdiction.

(Ord. No. 10-1929, § 1, 9-27-2010)

10.5.2. Purpose and intent. The purpose of this article is to allow the City to enter into development agreements that meet the requirements of the Florida Local Government Development Agreement Act, F.S. §§ 163.3220—163.3243. The development agreement provides assurance to a developer that upon receipt of their permits under the City's development regulations he may proceed in accordance with existing ordinances and regulations, subject to the conditions of the development agreement. This section will strengthen the public planning process, encourage private participation in Comprehensive Planning, and reduce the economic costs of development. A development agreement is in addition to all other local development permits or approvals required by the city. A development agreement does not relieve the developer of the necessity of complying with all land development regulations in effect on the date that the agreement is executed.

(Ord. No. 10-1929, § 1, 9-27-2010)

10.5.3. Public hearings.

A.

Before entering into, amending, or revoking a development agreement by resolution, two public hearings shall be held by the city commission.

B.

Notice of intent to consider a development agreement shall be advertised approximately seven days before each public hearing in a newspaper of general circulation in Seminole County.

C.

Notice of intent to consider a development agreement shall be mailed pursuant to the requirements for mailed notice set forth in section 10.0.6.B.1 approximately seven days before the first public hearing. The day, time and place at which the second hearing will be held, shall be announced at the first public hearing. In addition the site shall be posted pursuant to the requirements for site posting set forth in section 10.0.6.B.3.

D.

The notice shall specify the location of the land subject to the development agreement, the uses proposed on the property, the proposed population densities, and the proposed building intensities and height, and shall specify that a copy of the proposed agreement may be obtained from the office of the city clerk in City Hall between the hours of 8:30 a.m. and 4:30 p.m.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 19-2156, § 1, 9-16-2019)

10.5.4. Requirements of a development agreement. A development agreement shall include the following:

A.

A legal description of the land subject to the agreement, the names of its legal and equitable owners, and a title opinion of an attorney licensed in Florida or a certification by an abstracter or a title company showing that the record title to the land as described is in the name of the person, persons, corporation, or entity party to this agreement;

B.

The duration of the agreement;

C.

The development uses permitted on the land, including population densities, and building intensities and height;

D.

A description of the public facilities that will service the development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities are available concurrent with the impacts of the development;

E.

A description of any reservation or dedication of land for public purposes;

F.

A description of all development permits approved or needed to be approved for the development of the land;

G.

A finding that the development permitted or proposed is consistent with the city Comprehensive Plan, this Land Development Code, and any and all applicable documents;

H.

A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the city for the public health, safety, or welfare of its citizens;

I.

A statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms, or restriction; and

J.

A development agreement may provide that the entire development or any phase thereof be commenced or completed within a specific period of time.

(Ord. No. 10-1929, § 1, 9-27-2010)

10.5.5. Duration and relationship to the city Comprehensive Plan.

A.

The duration of a development agreement shall not exceed ten years, but may be extended by mutual consent of the city and the developer, subject to reporting requirements and to a public hearing before the city commission in accordance with F.S. § 163.3225.

B.

No development agreement shall be effective or be implemented by the city unless the Comprehensive Plan and any plan amendments implementing or related to the agreement are found to be in compliance with state law by the department of community affairs.

C.

A development agreement and authorized development shall be consistent with the city Comprehensive Plan, this Land Development Code, and any and all applicable regulations.

(Ord. No. 10-1929, § 1, 9-27-2010)

10.5.6. Laws governing a development agreement.

A.

The city Comprehensive Plan and Land Development Regulations in effect at the time of execution of the development agreement shall govern the development of the land for the duration of the development agreement.

B.

The city may apply subsequently adopted Comprehensive Plan amendments and amended provisions of the Land Development Regulations to a development that is subject to a development agreement only if the city commission has held a public hearing in accord with F.S. § 163.3225 and determined that:

1.

They are not in conflict with the Comprehensive Plan and Land Development Regulations governing the development agreement and do not prevent development of the land uses, intensities, or densities in the development agreement;

2.

They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement;

3.

They are specifically anticipated and provided for the development agreement;

4.

The city demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement;

5.

The development agreement is based on substantially inaccurate information supplied by the developer.

(Ord. No. 10-1929, § 1, 9-27-2010)

10.5.7. Review of a development agreement.

A.

The City of Longwood shall review land subject to the development agreement a minimum of every 12 months from date of adoption to determine if good faith compliance with the terms of the development agreement has been demonstrated. If there has been a failure to comply with the agreement, the city commission may revoke or modify the agreement. For each annual review conducted during years six through ten of a development agreement, the review shall be incorporated into a written report which shall be submitted to the parties to the agreement and to the department of community affairs.

B.

A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest.

(Ord. No. 10-1929, § 1, 9-27-2010)

10.5.8. Recording and effectiveness.

A.

The development agreement shall be recorded with the Seminole County Clerk of Court within 14 days after the adoption of the agreement and a copy of the recorded development agreement shall be sent to the department of community affairs within 14 days after the agreement is recorded. A development agreement shall not become effective until it is recorded with the Seminole County Clerk of Court and until 30 days after having been received by the department of community affairs. The burdens of the development agreement shall be binding upon, and the benefits of the agreement shall inure to all successors in interest to the parties to the agreement.

B.

If state or federal laws are enacted after the execution of a development agreement which are applicable to and preclude the parties' compliance with the terms of a development agreement, such agreement shall be modified or revoked as is necessary to comply with the relevant state or federal laws.

(Ord. No. 10-1929, § 1, 9-27-2010)

10.6.1. Generally. With the exception of those approvals subject to a development agreement, development orders are issued whenever a site plan is approved or approved with conditions.

A.

Required contents of development orders. Each final development order shall contain the following:

1.

An approved major or minor site development plan.

2.

Terms and conditions placed on the approval.

3.

If modifications must be made to the development plan before a final development order may be issued, a listing of those modifications and the time limit for submitting a modified plan.

4.

The determination of concurrency, and mobility fees if applicable.

5.

The time period for which the development order is valid.

B.

Expiration. Development orders shall be valid for two years from the date of approval on the development order, or four years for a phased development. The applicant must receive a building permit for the work requiring the development order within two years of the development order's approval. If the applicant does not receive the building permit within two years, or if a building permit expires prior to the expiration date of the development order, then the development order is no longer valid and the applicant must reapply for a development order to proceed with the development. Once a development order has expired, a new application and fee shall be required.

C.

Extension. The applicant may request from the community development director up to a two-year extension, providing that the application and the reason for extension is received 30 days prior to the date of expiration of the development order. To extend the permit, the community development director must consider and then make written affirmative findings of the following standards:

1.

Whether the proposal remains consistent with applicable provisions of the city's Comprehensive Plan and Land Development Code, including a consideration of any change to the future land use map designation for adjacent properties since the original approval of the development order.

2.

Whether the proposal remains consistent with applicable provisions of the city's adopted Land Development Code, including a consideration of any change to applications of setbacks, buffers, height requirements.

3.

Whether the proposal remains compatible with existing development on adjacent properties, including a consideration of any new development on adjacent properties since the original approval of the development order.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 13-2016, § 1, 11-18-2013; Ord. No. 18-2136, § 3, 6-18-2018; Ord. No. 20-2189, § 1, 10-19-2020; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022)

10.7.1 Generally.

A.

Applicability. All property within the historic district as identified on the adopted future land use map shall be subject to the requirements of the Longwood Development Code.

B.

Procedure.

1.

In the event of a variance or special exception request to any of the regulations defined in the Longwood Historic District Code Book for either contributing or supporting structures, the city commission shall hold a hearing on the matter pursuant to the procedures in section 10.13.0 of this article. All special exceptions for historic district properties shall require a mailing notice to all property owners in the historic district.

2.

All records concerning the historic district shall be maintained permanently by city staff.

C.

Demolition of contributing structures.

1.

Demolition for the primary purpose of cleaning the land or alleviating the burden of maintenance is not an option. In the absence of a well-defined redevelopment plan for a property, the only reason for the demolition of a designated on contributing structure is the protection of the public from an imminent threat to health and/or safety.

2.

Any applicant/owner who wants to demolish a building must show that the demolition is warranted. The applicant/owner must show that they have explored alternatives to demolition including renovation, stabilization or relocation. The approval of demolition must be finalized before a building permit for demolition will be issued.

3.

In reviewing applications for demolition of a contributing structure, the city may be guided in its decision by the following criteria, to be provided by the applicant:

(a)

Whether the applicant has made a good-faith effort to pursue alternatives to demolition.

(b)

Whether the loss of the subject property would deteriorate the quality and continuity of the site, district or surrounding neighborhood.

(c)

Whether the applicant/owner will be denied a reasonable return on their investment.

(d)

If the property is on the National Register of Historic Places or is recognized as a state or local landmark.

(e)

Whether there is an economic hardship for the owner/applicant. Based on a thorough analysis of the financial, economic, and engineering information described below, the city commission may determine that there is an undue economic hardship if the following criteria are met:

(i)

No economically viable use of the property will exist unless the demolition is approved. Inability to put the property to its most profitable use does not constitute an undue economic hardship.

(ii)

The hardship is peculiar to the building or property in question and is not common to other properties.

(iii)

The hardship is not self-imposed, caused by action or inaction of the owner, applicant, or some other agent.

(iv)

The owner has attempted and exhausted all other feasible alternatives which would eliminate the hardship, such as offering the resource for sale or moving it elsewhere within the historic district.

(f)

In reviewing applications for demolition of a contributing structure, the city may be guided, but is not bound, in its decision by the following information, to be provided by the applicant:

(i)

An estimate of the cost of the proposed demolition or removal and an estimate of any additional cost that would be incurred to comply with recommendations of the city.

(ii)

A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of the structure and its suitability for rehabilitation.

(iii)

Estimated market value of the property both in its current condition and after completion of the proposed demolition or removal.

(iv)

An estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation or reuse of the existing structure on the property.

(v)

Amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased and any terms of financing between the seller and buyer.

(vi)

If the property is income-producing, the annual gross income from the property for the previous two years; and the depreciation deduction and annual cash flow before and after debt service, if any, during the same period.

(vii)

Remaining balance on the mortgage or other fi nuancing secured by the property and annual debt service, if any, for the previous two years.

(viii)

All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing or ownership of the property.

(ix)

Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two years.

(x)

Assessed value of the property according to the two most recent assessments.

(xi)

Real estate taxes for the previous two years.

(xii)

Form of ownership or operation of the property, whether sole proprietorship, for-profit or non-profit corporation, limited partnership, joint venture, etc.

(xiii)

Pictures of the building and land from the front street showing as much of the land and building as possible

(xiv)

Pictures of all exterior elevations from rooftop to ground and interior rooms.

(xv)

A statement of all special features and materials used inside and outside.

4.

The application is submitted to the community development department. The department reviews all documentation for completeness and prepares the proper documents with findings to be presented to the city commission.

5.

The application, with the findings and recommendations of the community development director, shall be presented to the city commission in accordance with the city's administrative procedures and required advertising. The city commission will have up to 270 calendar days to consider and render their final decision. The city commission may postpone rendering a final decision if, in the sole discretion of the city commission, the postponement is in the best interest to save the structure or building.

6.

Demolition penalty. If the owner of a historic building or structure abates or demolishes the building or structure (in whole or part) without first obtaining the permits through following the procedures detailed herein, the owner shall pay a fine of $250.00 per square foot of the affected area.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 14-2049, § 1, 4-20-2015; Ord. No. 16-2088, § 1, 6-20-2016; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022)

10.7.2. Hearing by city commission. In the event of an appeal, a request to demolish or move a contributing structure, or a variance or special exception request for a property within the historic district, the city commission shall hold a hearing in accordance with the procedures set forth in section 10.13.0 of this article.

(Ord. No. 04-1699, 1(10.3.2), 8-2-2004; Ord. No. 06-1791, §2, 4-17-2006; Ord. No. 06-1800, § 8, 8-7-2006; Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 14-2049, § 1, 4-20-2015; Ord. No. 16-2088, § 1, 6-20-2016; Ord. No. 18-2136, § 3, 6-18-2018; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022)

10.7.3. Notice.

A.

Hearing by city commission. Notice requirements for special exceptions and variances shall be as prescribed in their respective sections. A request to demolish or move a contributing structure shall require mailing of notices to all property owners in the historic district, newspaper advertisement, and site posting in accord with section 10.0.6.

(Ord. No. 06-1791, § 2, 4-17-2006; Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 16-2088, § 1, 6-20-2016)

10.8.1. Generally.

A.

Amendments authorized. The future land use map may from time to time be amended pursuant to the procedures set forth below.

B.

Initiation of proposals. An application for a small-scale future land use map amendment may be proposed by the city commission, department or the owner of the subject property. Applications shall be filed with the department.

C.

Submittals. An application for a small-scale future land use map amendment shall be on the form provided by the department. At a minimum, the following information shall be provided:

1.

If the application is filed by an individual, a statement of the applicant's interest in the property and, if joint and several ownership, a written consent to the application by all owners of record. All signatures of the owner(s) on the application and/or on the written consent to the application shall be notarized.

2.

A current sketch of description by a surveyor registered to practice in the State of Florida.

3.

A narrative statement of the reasons for requesting the small-scale future land use map amendment and the manner in which the proposed amendment maintains the internal consistency of the City of Longwood Comprehensive Plan.

(Ord. No. 10-1929, § 1, 9-27-2010)

10.8.2. Procedure.

A.

Preapplication conference. Prior to filing for a small-scale future land use map amendment, the applicant shall meet with the department to discuss the review process and to be informed of which staff members to confer with about the application. No person may rely upon any comment concerning a proposal, or any expression of any nature about the proposal made by any participant at the preapplication conference as a representation or implication that the proposal will be ultimately approved or rejected in any form.

B.

Review by department.

1.

The department shall review the application to determine if all required information has been submitted. If additional information is needed, the department shall notify the applicant of the deficiencies within five working days of receipt of the application.

2.

Upon receipt of a complete application, the department shall place the matter on the agenda of the next available LPA meeting, allowing for required notice and the preparation of the report as set forth below.

3.

Within 15 working days after receipt of a complete application, the department shall issue a written report setting forth findings and conclusions with regard to whether the proposed amendment should be approved. This report shall be mailed to the applicant immediately upon its completion.

(Ord. No. 10-1929, § 1, 9-27-2010)

10.8.3. Review by LPA.

A.

Public hearing. A hearing shall be held by the LPA to consider a proposal for a small-scale future land use map amendment pursuant to the procedures in section 10.13.0 of this article.

B.

LPA report.

1.

The LPA shall make recommendations to the city commission which shall address:

a.

The need and justification for the change; and

b.

The relationship of the proposed amendment to the City of Longwood Comprehensive Plan, and whether the amendment preserves the internal consistency of the Comprehensive Plan.

2.

The recommendation of the LPA shall be advisory only and shall not be construed to be binding upon the city commission.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1956, § 1, 3-7-2011)

10.8.4. Action by city commission. The city commission shall conduct a first reading of the ordinance for the small-scale future land use map amendment, and then schedule a hearing to consider the proposal pursuant to the procedures in section 10.13.0 of this article.

(Ord. No. 10-1929, § 1, 9-27-2010)

10.8.5. Further requests after withdrawal or denial. When any request for a small scale Comprehensive Plan amendment related to specific property or properties is withdrawn by the applicant after the initial public hearing or is denied by the city commission, no other petition for a small scale Comprehensive Plan amendment on the same property shall be considered within one year from the date of such withdrawal or denial. The city commission, upon a unanimous vote, may permit the resubmittal of a withdrawn application within the one year period.

(Ord. No. 22-2219, § 1(Exh. A), 4-18-2022)

10.8.6. Notice.

A.

Hearing by LPA. The site shall be posted and mailed notice of the LPA meeting shall be given in accord with section 10.0.6 of this article.

B.

Hearing by city commission. Notice shall be given in accord with the requirements of F.S. § 163.3187, for small-scale future land use map amendments. In addition, whether required by statute or not, the site shall be posted in accord with section 10.0.6 of this article.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 16-2107, § 1, 2-6-2017; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022)

10.9.1. Generally. Applications for variances, as provided for in article IX of this Code, shall be reviewed pursuant to the procedures set forth below.

(Ord. No. 10-1929, § 1, 9-27-2010)

10.9.2. Procedure.

A.

Application. An application for a variance shall be filed with the department on forms provided by the department.

B.

Review by department.

1.

The department shall review the application to determine if all required information has been submitted. If additional information is needed, the department shall notify the applicant of the deficiencies within five working days of receipt of the application.

2.

Upon receipt of a complete application, the department shall place the matter on the agenda of the next available board of adjustment meeting allowing for required notice and the preparation of the report as set forth below.

3.

Within 15 working days after receipt of a complete application, the department shall issue a written report setting forth findings and conclusions with regard to whether the proposed variance should be approved. This report shall be mailed to the applicant immediately upon its completion.

C.

Notice. The site shall be posted and mailed notice of the board of adjustment meeting shall be given in accord with section 10.0.6 of this article.

D.

Hearing by board of adjustment. A hearing shall be held by the board of adjustment on applications for variances pursuant to the procedures in section 10.13.0 of this article.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1956, § 1, 3-7-2011)

10.10.1. Generally.

A.

The procedures and standards in this part shall be followed where any application is made to the city for vacation of any plat, right-of-way, or easement.

B.

Notwithstanding the provisions of this part, the applicable provisions of state law, such as F.S. ch. 177, for the vacation of plats, shall be followed in all respects.

(Ord. No. 05-1746, § 17(10.6.1), 4-4-2005; Ord. No. 10-1929, § 1, 9-27-2010)

10.10.2. Submittals. An application for a vacation pursuant to this part shall include the following:

A.

A recent boundary survey showing the area to be abandoned and adjacent parcels.

B.

A legal description of the area to be abandoned including the tax parcel identification number.

C.

Letters of approval or opposition from the adjacent property owners of record if applicable.

D.

Letters of approval or opposition from the affected utility companies and adjacent governments as may be applicable.

E.

Other appropriate information as may be defined in the application package.

F.

A statement of the reason for the request.

G.

An applicant shall be an adjacent property owner(s) of record, or the owner(s) of the plat or right-of-way to be vacated.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 19-2156, § 1, 9-16-2019)

10.10.3. Procedure.

A.

An application with required submittals shall be submitted to the department with required application fee.

B.

The application and any required submittals shall be reviewed for completeness by the department. If incomplete, the department shall, within five working days of receipt of the application, inform the applicant of what additional information is needed.

C.

Within 15 working days after receipt of a complete application, the department shall issue a written report setting forth findings and conclusions on whether the proposal meets the applicable requirements of this Development Code and/or state law. This report shall be mailed to the applicant immediately upon its completion.

D.

The city commission shall hold a hearing on the matter pursuant to the procedures in section 10.13.0 of this article.

E.

The site shall be posted and mailed notice of the city commission meeting shall be given in accord with section 10.0.6 of this article.

F.

Pursuant to F.S. ch. 177, a decision vacating a plat shall be provided to Seminole County.

(Ord. No. 05-1746, § 17(10.6.3), 4-4-2005; Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1956, § 1, 3-7-2011)

10.10.4. Criteria. The decision whether to grant or deny an application for vacation shall be based on the following criteria:

A.

Consistency with all applicable requirements of state law and with the City of Longwood Comprehensive Plan.

B.

The effects, if any, on any planned or programmed expenditures of any public agency.

C.

The effect on adjacent and nearby properties and existing land uses, including access and traffic patterns.

D.

The effect on future development patterns in the area, including access and traffic patterns.

E.

In the case of easements, that all grantees of the easement have agreed to the vacation.

F.

Other matters of concern applicable to the specific area involved.

(Ord. No. 10-1929, § 1, 9-27-2010)

10.10.5. Effect of vacation. If the city commission approves the vacation, ownership of the vacated area reverts to the adjacent property owners of record in equal proportions, as was dedicated.

(Ord. No. 10-1929, § 1, 9-27-2010)

10.11.1. Generally.

A.

Land use policy decisions defined. Land use policy decisions are those that have been declared by the courts of Florida to be legislative in nature, rather than quasi-judicial. These include the following:

1.

Amendments to the text of the Comprehensive Plan or this Development Code.

2.

Amendments to the future land use map of the Comprehensive Plan.

3.

Amendments to the zoning map.

B.

Applicability. The procedures in this section shall be followed for the making of all land use policy decisions as defined above.

C.

State law controlling. This section supplements the mandatory requirements of state law which must be adhered to in all respects.

1.

For amendments to the text of the Comprehensive Plan, or for amendments to the land use map which do not qualify as small-scale future land use map amendments, the procedures in F.S. ch. 163 shall be followed, as applicable.

2.

For amendments to the text of this Development Code, the procedures in F.S. § 166.041 shall be followed, as applicable.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 14-2025, § 1, 5-5-2014; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022)

10.11.2. Procedure.

A.

Application. The city manager, the community development department or the city commission, or the property owner of the property that is subject to the change or an authorized agent said property owner may initiate a proposal for a land use policy decision.

B.

Submittals. An application for a land use policy decision shall be on the form provided by the community development department. At a minimum, the following information shall be provided:

1.

If the application is filed by an individual, a statement of the applicant's interest in the property and, if joint and several ownership, a written consent to the application by all owners of record. All signatures of the owner(s) on the application and/or on the written consent to the application shall be notarized.

2.

A current sketch of description by a surveyor registered to practice in the State of Florida.

3.

A narrative statement of the reasons for requesting the land use policy decision and the manner in which the proposed amendment maintains the internal consistency of the City of Longwood Comprehensive Plan.

C.

Preapplication conference. Prior to filing for a land use policy decision, the applicant shall meet with the department to discuss the review process and to be informed of which staff members to confer with about the application. No person may rely upon any comment concerning a proposal, or any expression of any nature about the proposal made by any participant at the preapplication conference as a representation or implication that the proposal will be ultimately approved or rejected in any form.

D.

Review by department.

1.

The department shall review the application to determine if all required information has been submitted. If additional information is needed, the department shall notify the applicant of the deficiencies within five working days of receipt of the application.

2.

Upon receipt of a complete application, the department shall place the matter on the agenda of the next available LPA meeting, allowing for required notice and the preparation of the report as set forth below.

3.

Within 15 working days after receipt of a complete application, the department shall issue a written report setting forth findings and conclusions with regard to whether the proposed amendment should be approved. This report shall be mailed to the applicant immediately upon its completion.

E.

Referral to LPA. The department shall refer all land use policy matters to the LPA for review. The department shall set the application for hearing before the LPA at its first available meeting.

F.

Justification for land use policy. All hearings held by the city commission pursuant to the requirements of state law shall be in accord with the procedures in section 10.13.0 of this article. Amendments to the Comprehensive Plan shall be transmitted for review pursuant to the procedures in F.S. ch. 163.

G.

Recommendation of LPA. The LPA shall hold a hearing on each land use policy matter pursuant to the procedures in section 10.13.0 of this article. The LPA shall thereafter submit to the city commission a recommendation which:

1.

Identifies any provisions of this Development Code, Comprehensive Plan, or other law relating to the proposed change and describes how the proposal relates to them.

2.

States factual and policy considerations pertaining to the recommendation.

3.

In the case of proposed amendments to this Code, includes the written comments, if any, received from the LPA.

H.

Hearings by city commission. All hearings held by the city commission pursuant to the requirements of state law shall be in accord with the procedures in section 10.13.0 of this article. Amendments to the Comprehensive Plan shall be transmitted for review pursuant to the procedures in F.S. ch. 163.

I.

Justification for land use policy decisions. In formulating a recommendation or decision on a land use policy decision, the city commission shall consider and shall evaluate the proposed amendment in relation to the following pertinent factors

1.

The request is consistent with all of the following criteria:

(a)

The proposed change will result in an isolated land use district that is unrelated or incompatible with adjacent or nearby districts and is inconsistent with the defined intent of said districts.

(b)

The proposal does not violate goals, objectives, and policies of the Comprehensive Plan.

(c)

The proposal is in the public's best interest and does not solely benefit the property owner or applicant.

(d)

Where an increased development potential is proposed, that the realistic highest potential use would not create an adverse impact upon public facilities such as schools and streets

2.

The request is consistent with one or more of the following criteria:

(a)

That there exists an error or ambiguity which must be corrected.

(b)

That there exists changed or changing conditions which make approval of the request appropriate.

(c)

That the request would allow a property or properties to function in a manner that is more consistent with the Comprehensive Plan.

J.

Further requests after withdrawal or denial. When any request for a land use policy decision related to specific property or properties is withdrawn by the applicant after the initial public hearing or is denied by the City Commission, no other petition for a land use policy on the same property shall be considered within one year from the date of such withdrawal or denial. The city commission, upon a unanimous vote, may permit the resubmittal of a withdrawn application within the one year period.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022)

10.11.3. Notice. Notice shall be provided as required by state law for the particular decision, and by posting the site, where appropriate, in accord with section 10.0.6 of this article.

(Ord. No. 10-1929, § 1, 9-27-2010)

10.12.1. Appeals from decisions of the department. An applicant or any substantially affected person, as defined herein, may appeal any final decision of the department to the city commission by filing a notice of appeal with the department within 15 working days of the decision. The appeal shall be scheduled on the next available meeting of the city commission. No special notice for the city commission hearing shall be required.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1969, § 1, 8-15-2011)

10.12.2. Appeals from decisions of the board of adjustment. An applicant, any substantially affected person, as defined herein, or the city manager, may appeal any final decision of the board of adjustment, by filing a notice of appeal with the department within 15 calendar days of the decision. In the event the board of adjustment approves any variance application for which staff has recommended denial, it shall be automatically appealed to the city commission. The appeal shall be scheduled on the next available meeting of the city commission. Notice of the city commission meeting shall be provided in the same manner as was provided for the decision appealed from. The decision of the city commission shall constitute final action for the city and may, thereafter, be appealed to circuit court in accordance with Florida law.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1956, § 1, 3-7-2011)

10.12.3. Notice of appeal. A notice of appeal shall contain:

A.

A statement of the decision to be reviewed, and the date of the decision.

B.

A statement of the interest of the person seeking review.

C.

The specific error alleged as the grounds of the appeal.

(Ord. No. 10-1929, § 1, 9-27-2010)

10.12.4. Appellate hearing. When a decision is appealed to the board of adjustment or city commission, the hearing shall be conducted as set forth in section 10.13.0 of this article. The city commission or board of adjustment, as the case may be, shall make its own determination on the merits, and shall not be limited to review of the record below.

(Ord. No. 10-1929, § 1, 9-27-2010)

10.12.5. Stay of proceedings. An appeal shall stay all administrative proceedings in furtherance of the action appealed until such time as a final determination has been made by the board of adjustment on the appeal, provided that no action shall be taken by the applicant or the administrative official during such time which would change the status of the matter being appealed.

(Ord. No. 10-1929, § 1, 9-27-2010)

10.13.1. Generally. Under the law of Florida, a hearing on a land use matter may be legislative or quasi-judicial. If the hearing is for the purpose of establishing land use policy that will have general applicability, the hearing is legislative and must be conducted in accordance with procedures applicable to such hearings. If the purpose of the hearing is to apply general standards to a specific land use proposal, then the hearing is quasi-judicial and must be conducted in accordance with procedures applicable to such hearings. Set forth below are the procedures to be followed for each type of hearing when such a hearing is to be held by the LPA, board of adjustment, or the city commission.

(Ord. No. 10-1929, § 1, 9-27-2010)

10.13.2. Legislative hearings.

A.

Conduct of hearing.

1.

The matter shall be introduced.

2.

The department shall present its analysis and any recommendation by an advisory board that may have previously heard the matter, and any reports or recommendations received by other agencies.

3.

Interested parties shall be allowed to submit written recommendations and comments before or during the hearing and shall be given a reasonable opportunity to make oral statements in favor of or in opposition to the proposal.

B.

Decision. The decision shall take the form of a recommendation, resolution, ordinance or other form as appropriate to the proceedings.

(Ord. No. 10-1929, § 1, 9-27-2010)

10.13.3. Quasi-judicial hearings.

A.

Parties. The parties to a quasi-judicial hearing shall be the following:

1.

The applicant.

2.

The City of Longwood.

3.

Any person or entity who received mailed notice of the proceedings and notifies the department at least three days prior to the hearing that they intend to participate in the hearing as a party.

4.

Any person or entity qualifying as a substantially affected party, as defined herein. Such person or entity shall give notice to the department of their intent to participate as a substantially affected party. The notice shall be provided to the department at least three days prior to the hearing, and shall set forth the basis for the assertion that the person or entity is substantially affected.

B.

Rights of parties. All parties to a quasi-judicial proceeding shall have the following rights:

1.

Present a case or defense by oral and documentary evidence.

2.

Submit rebuttal evidence and conduct such cross examination as may be required for a full and true disclosure of the facts.

3.

Submit proposed findings and conclusions and supporting reasons therefor.

4.

Make offers of compromise or proposals of adjustment.

5.

To present the case in person, or be accompanied, represented and advised by counsel.

6.

Be promptly notified of any action taken on the matter.

C.

Procedures for hearings. Quasi-judicial hearings shall be conducted according to the procedures adopted in Resolution 01-1023, or as maybe amended from time to time.

(Ord. No. 10-1929, § 1, 9-27-2010)

10.14.1. Purpose. This section regulates the subdivision or resubdivision of land in order to protect and promote the health, safety, and general welfare of the citizens of Longwood. The regulations are intended to assure the harmonious, orderly, and progressive development of land by providing for proper legal description, identification, monumentation, and recording of real estate boundaries; the safe, convenient, and efficient circulation of vehicular and pedestrian traffic; the provision of suitable drained and readily accessible building sites; the provision of necessary public improvements and services; and the conservation and protection of the physical, natural and economic resources of the city.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1956, § 1, 3-7-2011)

10.14.2. General requirements.

A.

Any division of land (plat or replat) into four or more lots or parcels shall be subject to all requirements of this section.

B.

A preliminary plat shall be required. A preliminary plat graphically depicts the proposed development or the location of individual lots. Information required on or along with the preliminary plat is described in section 10.14.4.

C.

A plan for proposed public improvements shall be submitted with the preliminary plat. A development order shall not be approved until the plan for public improvements is found to comply with all requirements of this Code and city standards for construction and installation of public facilities and improvements. Contents of the public improvements plan are specified in section 10.14.5(21).

D.

A final plat shall be submitted to the community development department within one year of approval of the preliminary plat and shall be reviewed for compliance with the approved preliminary plat.

E.

A final plat shall not be approved until there is a finding that the final plat is in full compliance with the approved preliminary plat and public improvements plan. Prior to city commission approval, the subdivision improvements required by these regulations and shown in the public improvements plan shall have been installed in accordance with the standards and specifications of the Code and the approval of appropriate officials and agencies has been certified to the city or a surety bond. Should the applicant wish to defer some public improvements until after final plat approval, the applicant may choose to place in escrow with the city or submit an irrevocable letter of credit in favor of and acceptable to the city. Either method shall be in the amount of 120 percent of the remaining contract cost of the improvements specified in the public improvements plan. The remaining contract cost estimate shall be based on either an estimate prepared by the developer's engineer or bids by two licensed contractors for the completion of all required public improvements and verified by city staff. Information required on the final plat is specified and described in section 10.14.6.

F.

Building permits for the construction of residences shall not be issued until the final plat has been approved by the city commission and recorded with Seminole County. A building permit for up to four single-family model homes or one townhome building in a fee-simple ownership development may be issued prior to the final plat recording.

G.

Historic district. Lots that are improved with a contributing structure shall not be eligible for a lot split, subdivision, or re-plat unless the contributing structure is maintained and the structure and lot remains in compliance with the Longwood Development Code.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 13-2002, § 1, 3-18-2013; Ord. No. 13-2016, § 1, 11-18-2013; Ord. No. 14-2049, § 1, 4-20-2015; Ord. No 15-2065, § 1, 8-17-2015; Ord. No. 18-2136, §§ 1, 3, 6-18-2018; Ord. No. 19-2151, § 1, 3-4-2019; Ord. No. 19-2156, § 1, 9-16-2019; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022)

10.14.3. Lot splits and replats.

A.

Where a parcel of land is being divided into two or three separate lots or parcels, plat approval according to the requirements of this section shall not be required, if one of the following conditions is met.

1.

The division of land consists solely of the conveyance of land or granting of easements or rights-of-way to a governmental or public agency.

2.

The division is limited to lots, blocks, parcels, tracts, or other portions thereof, with minimum lot areas and dimensions in accordance with article III of the Longwood Development Code. Every parcel created by the proposed division shall have dedicated access to a public road or street, or to a private road or street which shall be developed to city standards for a public road. Divisions of this type shall be cumulative and a second split shall not be permitted without a plat according to the requirements of this section.

3.

The division is a replat of existing lots and is solely for the purpose of refacing a lot or lot line adjustments without an increase in the number of lots or units otherwise allowed.

B.

For lot divisions subject to approval under this section, the following minimum information shall be submitted to the city.

1.

A certified boundary survey by a registered land surveyor licensed to practice in the state of the property proposed to be split or readjusted and a separate land surveyor prepared and certified instrument with metes and bounds descriptions showing the proposed lots to be created by the lot split or lot adjustment and existing and proposed easement locations.

2.

Fully executed instruments pertaining to required deeds, rights-of-way, easements, joinders and consents of mortgagees, declaration of covenants and restrictions, and reservations.

3.

Establishment of an escrow account for all construction and maintenance of improvements required by the city.

4.

A title opinion of an attorney at law licensed by the State of Florida or a property information report by an abstractor or a title company certified to the city, along with referenced documents, showing that record title to the land as described and shown on the plat is in the name of the person, persons, corporation, or entity executing the dedication. The title opinion or property information report shall also show all mortgages, easements, and other encumbrances not satisfied or released of record nor otherwise terminated by law.

C.

For existing duplexes or townhomes that share a common wall, the property may be split into separate ownership along this common wall without regard to setbacks.

(Ord. No. 06-1800, § 9, 8-7-2006; Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 13-2016, § 1, 11-18-2013; Ord. No. 14-2049, § 1, 4-20-2015; Ord. No. 19-2151, § 1, 3-4-2019)

10.14.4. Requirements for preliminary plats.

A.

The preliminary plat shall be drawn at a reasonable scale (preferably one inch to 100 feet) and shall show the following:

1.

Legal description, boundary survey, tract dimensions, lot and block designations, location and description of existing and proposed permanent reference monuments.

2.

Vicinity map. Showing relationship between area proposed for development and surrounding streets and public facilities, shall be at a scale of not less than one inch equals 2,000 feet.

3.

Existing streets. The name, location, and right-of-way width of all existing streets which abut the proposed subdivision, and existing easements on the property and location of all existing driveways and meeting openings in the vicinity.

4.

Location, names and width of existing and proposed streets and rights-of-way, accesses to the parcel, easements, building lines, alleys, signage, parks, and other open public spaces and similar facts regarding adjacent property. The width and location of any rights-of-way, streets, easements or other public ways or places shown upon the future land use map within the area to be subdivided and any proposed vacations of such streets, easements, public ways or places.

5.

Development specifications of the tract including, but not limited to:

a.

Area of the tract.

b.

Proposed number of lots and dwelling units.

c.

Amount and location of all land to be dedicated or reserved for all public and private uses, including rights-of-way, easements, etc.

d.

Amount of area devoted to all existing and proposed land uses, including schools, open space, churches, residential and commercial, as well as the location thereof.

e.

All existing and proposed property lines with approximate dimensions.

6.

Soils.

a.

Soil classification map drawn on the face of the plan for comparison with proposed development activities. Indicate soil classifications on the plat as identified by the United States Department of Agriculture Soil Conservation Service in the "Seminole County Soil Survey" and "Soil Survey Supplement." An applicant may challenge this designation by securing competent expert evaluation, at the applicant's own expense, demonstrating that the identified soils are not classified correctly. If said determination is concurred by the city engineer, the soils shall be correctly identified for the purpose of this chapter.

b.

Soil analysis by a qualified soil engineer shall be furnished, upon request of the city engineer, for submittal with preliminary plat.

7.

A recent topographic survey of existing conditions based on United States Coast and Geodetic Survey, Mean Sea Level (MSL) Datum, National Oceanographic Survey contoured to an interval of one foot. The survey shall include the proposed plat area plus adjacent lands within a minimum of 100 feet of the boundaries thereof.

8.

Other natural features. Including lakes, wetlands, watercourses, and other pertinent features. Tree cover will be compared with road locations, but no submittals will be necessary at this stage. Seminole County wetlands maps or aerial photography interpretation may be utilized for wetlands delineation.

9.

Limits of floodplain. Indicate flood elevation, drawn on the face of the plan, for 100-year flood as established by the United States Geological Survey Map series entitled, "Map of Flood Prone Areas," or the "Flood Insurance Rate Map (FIRM)." An applicant may challenge this designation by securing competent expert evaluation, at the applicant's own expense, demonstrating that the property does not fall within the designated flood delineation. If said expert determines that the property in question is not within a flood-prone area, and said determination is concurred by the Seminole County Engineer or his designee, said property shall be designated as nonflood-prone for the purpose of this chapter.

10.

Utilities. Proposed source of water and sewer. The location of any underground or overhead utilities, culverts and drains on the property to be subdivided, and within 200 feet of the proposed plat boundary.

11.

The boundaries of proposed utility easements over or under private property. Such easements shall provide satisfactory access to an existing public right-of-way or other public open space for maintenance or other activities by utility companies. Drainage easements shall also be shown.

12.

Reviews and submission of letter verifying availability of service by public utility companies and agencies that would be involved or would have an interest in utility installations as part of the development of a particular subdivision.

13.

Proposed property lines of the subdivision prepared by a registered land surveyor in accordance with F.S. ch. 177. A registered professional civil engineer, architect, or landscape architect licensed to practice in the state may assist in the preparation of the site plan.

14.

Proposed subdivision name and any previous or former subdivision name, north arrow, scale, date, section, township and range, and the county property appraiser's parcel number(s).

15.

Name and address of the owner and individuals responsible for preparation of the drawings. Where a corporation or company is the owner of the subject subdivision, the name and address of the president and secretary of the corporation shall be shown.

16.

Name and address of any lien holder for the property.

17.

Existing land use of the parcel or tract and all adjacent property, based on the designations in the Longwood Comprehensive Plan or other jurisdiction, as may be applicable.

18.

Location of all natural resources on and impacting the site including the location of all protected trees, by species, diameter and approximate height.

19.

Sufficient data and graphics to enable the city engineer to evaluate the proposed stormwater management facilities, including existing and proposed major drainage patterns, drainage courses, and easements, and appropriate calculations.

20.

The following additional information shall be provided for land in floodprone areas.

a.

Plan of the channel showing the location of existing structures therein, obstructions and other typical areas, along with representative cross-sections of these areas.

b.

Typical cross-section of the existing and proposed channel.

c.

One-hundred-year storm (24 hours duration) hydrographs and/or flood routing calculation and backwater curve profiles of the proposed waterway unless the use of a lesser recurrence intervals approved by all appropriate permitting agencies.

d.

Engineering evaluation of all potential increase in flood hazards to lands upstream or downstream and facilities thereon and provisions for eliminating at no public cost, all adverse effects due to this increase on said lands and facilities.

e.

Minimum finished floor elevation which shall be set at or above the maximum water surface elevation determined from a map of floodprone areas prepared by the Federal Emergency Management Agency (FEMA) or based on more accurate or better information provided by a professional engineer licensed in the state (see the Manual of Standards for City streets, stormwater systems, and subdivisions, Chapter 7, Section 3, for finished floor elevation requirements).

21.

Location of the nearest available public water supply, sewage collection system, and the proposed tie-in points, fire flow calculations, and including the name and address of the utility provider.

22.

Any legal documents necessary to the control of the ownership and maintenance of such common areas as designated open space or signs. Legal documents shall be provided for all off-site drainage rights-of-way and easements.

23.

Demonstration and documentation that all liens and assessments that encumber the property to be platted have been satisfied.

24.

Any other information required on the application or as determined to be necessary at a preapplication conference.

25.

Color elevations are required, except for single-family residential projects.

26.

The public improvements plan shall detail all construction for which the developer will be responsible for constructing prior to final plat approval and include the following information:

a.

A cover sheet including a vicinity sketch and benchmark based on MSL datum.

b.

A master drainage plan drawn to a minimum scale of one inch equals 100 feet showing the complete drainage system. For drainage plans that will not fit on one 24-inch by 36-inch sheet, a scale of one inch equals 200 feet may be allowed.

c.

Soils map, location depth, type and results of subsurface borings.

d.

Paving and drainage plans and profiles showing existing and proposed elevations and grades of all public and private paved and open areas, including size, location, and type of drainage facilities and proposed first floor finished elevations of all structures.

e.

Water distribution and wastewater collection plans and proposed profiles.

f.

Construction details showing compliance with the construction standards.

g.

Special profile sheets showing special or unique situations, such as intersections or waterways.

h.

Plans showing existing and proposed improvements to waterways, streams, channels or ditches, bridges, culverts, bulkheads, retaining walls, and any other similar proposed structure.

i.

Street lighting, landscaping within public rights-of-way, parks, fire lanes, recreational areas and parking areas.

j.

Written specifications meeting, or exceeding, all applicable design minimum standards.

k.

The location of all parking spaces and off-street loading facilities.

l.

Copies of all permits issued by agencies exercising jurisdiction over proposed drainage improvements and areas containing natural resources.

m.

Name and seal of the registered professional civil engineer, architect, or landscape architect licensed to practice in the state who was responsible for the preparation of the public improvements plans.

B.

Preapplication conference. Prior to filing for preliminary plat review, the applicant shall meet with the department to discuss the development review process and to be informed of which staff members to confer with about the application. No person may rely upon any comment concerning a proposed preliminary plat, or any expression of any nature about the proposal made by any participant at the preapplication conference as a representation or implication that the proposal will be ultimately approved or rejected in any form.

C.

Citizen awareness and participation plan meeting. Preliminary plats for new residential subdivisions are subject to the requirements of section 10.0.8 of this LDC related to the citizen awareness and participation plan (CAPP). Other plats may be subject to the citizen awareness and participation plan (CAPP) requirements as determined by the community development director based on projected development impact.

D.

Completeness review. The department shall review an application for preliminary plat approval to determine whether all necessary information has been provided. Within five working days of the receipt of an application, the department shall inform the applicant if additional information is needed to comply with submittal requirements. If the property has any outstanding Code violations, the community development director, based upon a review of the impacts of the violation and the applicant's efforts to correct the violation, may choose not to review the preliminary plat application until the violations have been cleared.

E.

Development review committee (DRC) meeting. A development review committee meeting is required for residential subdivisions. Other plats may require a DRC meeting as determined by the community development director based on projected development impact. In considering whether to approve an application for a preliminary plat, the development review committee will consider the evidence presented by the applicant and its consistency with the Longwood Development Code, the Comprehensive Plan and any and all applicable legal documents. The development review committee shall recommend approval, recommend approval with conditions, or recommend denial to the community development director.

F.

For preliminary plats that do not require formal review, the community development director will consider the recommendation of the development review committee before rendering a final decision approving, approving with conditions, or denying the preliminary plat. For preliminary plats that require formal review, the community development director will recommend approval, approval with conditions, or denial of the application to the city commission prior to the formal review hearing.

G.

Formal review for preliminary plats.

1.

Within five working days of receipt of a complete preliminary plat application, the applicant shall provide notice pursuant to the requirements for mailed notice set forth in section 10.0.6.B.1 of this article, and provide notice by e-mail to each city commissioner. The notice shall inform the recipient that complete plans of the proposed development may be viewed at the department. Each city commissioner may request formal review of the preliminary plat by the city commission within 15 days of receiving notice.

2.

If a request for formal review has been filed by a city commissioner, the department shall place the preliminary plat on the agenda of the next available city commission meeting following the recommendation of the community development director and allowing for required notice. The department shall prepare a report on whether the application complies with the Comprehensive Plan and the provisions of this Land Development Code, and this report shall be made available as part of the meeting agenda.

a.

The city commission shall hold a hearing on the matter pursuant to the procedures set forth in section 10.13.0 of this article. The city commission shall determine whether the proposed preliminary plat complies with all applicable section provisions and approve, approve with conditions, or deny the preliminary plat.

H.

Amended application. Amendment of a petition by the applicant may be permitted at any time prior the department or city commission's final decision, provided that no such amendment shall be substantially or fundamentally inconsistent, as determined by the community development director, with the description given in the CAPP process unless the changes to the plan are a direct result of comments received at the CAPP meeting.

I.

Time limit on approval. A final subdivision plat or plats shall be submitted within two years after preliminary plat approval or the preliminary plat approval shall lapse. Where there have not been substantial changes to the Land Development Code and/or the city's Comprehensive Plan as it pertain to the development of the subject lands, up to a one-year extension to the two-year limit may be considered by community development director, upon written request by the applicant 30 days prior to the expiration date, showing cause for such an extension.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 13-2002, § 1, 3-18-2013; Ord. No. 15-2065, § 1, 8-17-2015; Ord. No. 18-2136, § 3, 6-18-2018; Ord. No. 19-2156, § 1, 9-16-2019)

10.14.5. Requirements for final plats.

A.

A final plat, prepared by a registered land surveyor in accordance with F.S. ch. 177, shall be submitted. The number of copies of the final plat shall be specified by the city. A registered professional civil engineer, registered architect or landscape architect licensed to practice in the state may provide assistance in the preparation of final plats.

B.

A final plat shall be drawn to a minimum scale of one inch equals 100 feet. The document shall contain selected information required on preliminary plats plus sufficient data to reproduce on the ground the location, bearing, and length of every curved or straight street line, lot line, boundary line, block line, and true north point. Radii, arc distances and central angles, or radius chords and chord bearings, or both, shall be indicated along with designation of radial lines and the direction of nonradial lines.

C.

Every subdivision shall be given a name, approved by the county, by which it shall be legally known.

D.

All lots shall be numbered progressively or, if in blocks, progressively numbered within each block. Blocks shall be similarly numbered or lettered, except that those in numbered additions bearing the same name may be numbered consecutively throughout several additions.

E.

If the subdivision to be platted is a replat of all or part of a previously recorded subdivision, ties to controlling lines appearing on the earlier plat sufficient to permit an overlay to be made shall be shown. In the event of a replat, the word "replat" shall be a subtitle following the name of the subdivision wherever it appears on the plat. All contiguous properties shall be identified by subdivision title, plat book, and page.

(Ord. No. 05-1746, § 6(10.11.0), 4-4-2005; Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 15-2065, § 1, 8-17-2015)

Editor's note— Ord. No. 15-2065, § 1, adopted Aug. 17, 2015, repealed § 10.14.5 and renumbered the former § 10.14.6 as § 10.14.5 as set out herein. The historical notation has been retained with the amended provisions for reference purposes. The former § 10.14.5 pertained to requirements for site plan and public improvements plans and derived from Ord. No. 10-1929, § 1, adopted Sept. 27, 2010; Ord. No. 11-1956, § 1, adopted March 7, 2011; and Ord. No. 14-2049, § 1, adopted April 20, 2015.

A.

Applicability. A permit is required for all site alterations including; clearing, filling, excavating, grading, altering the grade, paving, dredging, mining, drilling or otherwise significantly disturbing or altering the soil of a site where construction is not proposed or planned.

1.

Re-striping. The re-painting of existing striping and markings does not constitute an alteration provided that the parking configuration remains the same and does not require a permit. Although a permit is not required, paint materials and applications shall be consistent with applicable Florida Department of Transportation standards.

2.

Re-sealing. Properties with an approved site development plan after March 15, 2012 may see their parking areas re-sealed and re-striped consistent with that plan without acquiring a permit. Re-sealing and re-striping of parking lots with site development plans approved prior to that date will require a permit under this section and shall require all striping, signage, and other applicable elements to be brought into compliance with present ADA standards, and city standards to the maximum extent practicable.

3.

Re-surfacing permits. Re-surfacing of parking lots shall require all striping, signage, and other applicable elements to be brought into compliance with present ADA standards, and city standards to the maximum extent practicable.

B.

Submittals. An application shall be filed on forms provided by the department. The requirements below may be waived by the Community Development Director on a recommendation from the Public Works Director or designee including where the information is deemed not applicable, or where an existing approval (site development plan, survey, etc.) will suffice for review of the permit. The following information shall be required with all applications:

1.

A boundary and topographic survey should be prepared or provided for the subject property. Where applicable, topography (spot grades and contours) should extend beyond the property line at least 20-feet or as necessary to adequately define onsite and offsite drainage patterns.

2.

A tree survey is required where relevant to locate any specimen trees that could be impacted by the proposed earthwork activities.

3.

For permits related to parking and paved areas, a site plan shall be submitted showing the locations of proposed work and indicating the scope of work (full depth pavement repair, milling and overlaying, direct overlay, curb replacement, etc.). The site plan shall also show the location of ADA compliant parking spaces and signage.

4.

For grading permits, a grading plan shall be developed by a professional engineer (signed and sealed) to illustrate the proposed change in grades. Cross sections, or at least a typical section, should be included along with an estimate of the proposed volume of excavating or filling in cubic yards.

5.

Additional information, including but not limited to: tree protection details; temporary erosion control; impact on wetland and flood hazard areas, etc. may be required as necessary and relevant to the permit.

C.

Completeness review. The department shall review an application for site alteration approval to determine whether all necessary information has been provided.

D.

Review. The [department] shall review the application and provide a recommendation to the community development director who will render a final decision approving, approving with conditions, or denying the site alteration permit.

E.

Protection of wetlands or natural areas. Silt fences and other erosion control best management practices should be installed before commencing land disturbing activities and shall be maintained throughout the duration of construction. Special emphasis should be given for any wetlands or natural areas, offsite properties and road rights-of-way. Trees shall be protected to the greatest extent possible as required by section 3.5.5. Tree Protection Standards. Tree removal permits will be required where applicable.

F.

Landscaping. For grading permits, affected areas will need to be sodded to avoid erosion and runoff.

G.

Inspection. As a condition of permits issued under this section, the applicant shall notify City staff of the intended start of work prior to commencement. City staff will periodically inspect the work activities, with a specific focus on compliance with approved permits and to observe the quality of imported fill material where applicable. Work carried out on site will be subject to a final inspection by the city engineer prior to project completion.

(Ord. No. 16-2107, § 1, 2-6-2017; Ord. No. 18-2136, § 3, 6-18-2018; Ord. No. 24-2254, § 1, 8-5-2024)