(a)

Intent. It is the intent of this section to establish a fair procedure by which the city council can grant variances and exceptions to the Land Development Regulations in order to ensure that legally affected property owners have a viable and fair means of preventing or reducing any adverse impact upon their property as a result of the eminent domain or condemnation process (acquisition), and to allow the continued use of said property in a manner as similar to its pre-condemnation condition as practicable. Further, it is the intent of this section to establish procedures which will reduce the cost of acquisitions of property needed for public improvements. The cure plan procedures as established by this section shall serve in lieu of the variance process for all properties from which portions of land are condemned for the purposes of public right-of-way expansion under the jurisdiction of the City of Minneola; this provision is applicable to all local, county, and state road projects.

(b)

Requirements. The following information and documentation shall be shown on or enclosed with the cure plan submitted for approval:

(1)

Revised site plan submitted in accordance with the requirements as outlined in chapter 122, of the Land Development Regulations.

(2)

Accompanying right-of-way map depicting that portion of right-of-way that is being widened in association with the eminent domain process, and current site plan showing that portion of land being acquired from the site as well as all onsite improvements in their present condition.

(3)

Justification statement from the applicant. (condemning authority, or the landowner), in writing addressed to the city council for a determination that the granting of the variance or exception will not result in a condition which adversely affects the health, safety or welfare of the general public.

(4)

Listing of all non-conformities of the City of Minneola Land Development Regulations that will result due to the eminent domain process; references to each chapter and section number shall be listed on the cure plan, as well as to what degree each element of the Code is being affected (i.e., where parking requirements cannot be accommodated as a result of the taking, the net reduction in spaces shall be indicated as well as what percentage of the city's requirements are being provided in the revised plan).

(c)

Waivers and exceptions.

(1)

Existing characteristics of use which become nonconforming or increase in nonconformity as a result of the acquisition, including but not limited to, minimum lot size, setbacks, open space, off-street parking, landscape requirements, drainage and retention, shall be required to meet Code requirements to the greatest extent practicable and to the satisfaction of the city council. Thereafter, the existing characteristics of use shall be deemed conforming to the extent of those non-conformities caused by the government's acquisition. Any further redevelopment, expansion, or enlargement after acquisition thereof shall be in accordance with all applicable Land Development Regulations requirements.

(2)

If any legally existing structure(s) (principal or accessory), or vehicular use area(s) must be relocated as a direct result of the governmental acquisition, or as a result of safety concerns, if allowed to remain after the acquisition, then the city council in consultation with the building official may allow the relocation of the structure on the remaining property, so as to comply with all applicable regulations to the greatest extent practicable. If the allowed relocation results in substandard characteristics of use, it shall be deemed thereafter to be conforming with respect to said characteristics. Any future expansion or enlargement thereof after acquisition shall be in accordance with all applicable Code requirements.

(3)

Legally existing structures (principal or accessory) or vehicular use areas which become nonconforming or increase in nonconformity according to subsection (1), and which are thereafter damaged or destroyed other than by voluntary demolition, to an extent of more than 50 percent of assessed value at the time of destruction can be restored, but only to pre-destruction condition. Any expansion or enlargement under this section that does not increase the nonconformity of a characteristic of use shall only occur in accordance with all applicable Code requirements.

(4)

If a structure to be relocated as a result of acquisition has a nonconforming use, the city council and building official may permit relocation pursuant to this part, if the city council determines that public harm will not result.

(5)

Where part of a principal structure is acquired, the reconstruction of said structure (same size and use) may be permitted. The reconstruction must meet city development codes to the greatest extent practicable and to the satisfaction of the building official. The reconstructed structure shall thereafter be deemed conforming as to those non-conformities caused by the government acquisition. Any future expansion or enlargement after acquisition shall meet any and all applicable Code provisions.

(6)

Any alterations, repairs or rehabilitation work necessitated by acquisition may be made to any existing structure, building, electrical, gas, mechanical or plumbing system without requiring the building, structure, plumbing, electrical, mechanical or gas system to comply with all the requirements of the technical codes provided that the alteration, repair or rehabilitation work conforms to the requirements of the technical codes for new construction. The building official shall determine the extent to which the existing system shall be made to conform to the requirements of the technical codes for new construction.

(d)

Signs. A sign which is located on a parcel that is subject to acquisition by a governmental or public agency for a public purpose may, subject to approval of the city council, be relocated on the remaining portion of the parcel in accordance with the following:

(1)

The sign must be relocated on the remaining parcel in such a manner as to meet the setback and distance separation requirements. If due to the size and/or configuration of the remaining parcel, setback and distance separation requirements cannot be met, then, subject to the approval of the city council, the sign may be relocated so as to comply with such regulations to the greatest extent practicable as determined by the city council.

(2)

Any legally existing nonconformity of a sign, other than setback or distance separation, shall not be increased upon relocation.

(3)

If the sign to be relocated is a legal, but nonconforming sign, upon proof submitted by the applicant and subject to the determination by the city council that public harm would not occur, then such sign may be relocated pursuant to this subsection notwithstanding the provisions as set forth in chapter 118.

(Ord. No. 2014-02, § 1(Exh. A), 8-5-2014)

(a)

Pre-application conference. Prior to filing for a cure plan approval, the applicant (condemning authority, or the landowner) shall meet with the planning department in order to verify the steps necessary for application and review and to discuss potential issues regarding the proposal.

(1)

Scheduling. Arrangements for the pre-application conference are to be made through the planning department.

(2)

Items required. The applicant shall bring one 24" × 36" copy of the conceptual sketch plan of the proposed development. A general description of the proposed development must be noted including the approximate building size, type and use, proposed parking areas, location map, provisions for water and wastewater, proposed phasing of development, parcel size and proposed uses, environmentally sensitive areas, and existing zoning and comprehensive land use classification of the subject site and adjacent sites.

(b)

Application for development plan approval. Application for cure plan approval shall be made to the city manager or designee utilizing the form provided by the planning department for that purpose and accompanied by the appropriate review fee. Application shall be accompanied by eight 24" × 36" copies and four 11" × 17" copies of the proposed plans, signed and sealed by a registered engineer, architect, and/or landscape architect, as required by the Code. Plans shall be prepared as outlined in chapter 122, section 122-41, of the Land Development Regulations.

(c)

Development review process.

(1)

Development review process (DRP). All applications shall be reviewed pursuant to the development review process provided in the City Land Development Regulations.

(2)

Cure plan approval. Final cure plan sets, 12 11" × 17" sets, and three 24" × 36" sets, shall be submitted following determination by city staff and consultants, as applicable, that all issues have been addressed and the application is complete. The planning department shall report their findings and recommendations to the city council for its consideration.

(3)

The city council shall consider the cure plan at a regularly scheduled meeting and determine if it meets Code requirements to the greatest extent practicable and does not result in a condition which adversely affects the health, safety or welfare of the general public. The applicant (condemning authority, or the landowner) or his or her authorized agent shall be present at the time of consideration. Upon consideration of the comments of city staff, consultants, and the public, the city council shall take one of the following actions:

a.

Table the consideration of the cure plan until their next regularly scheduled meeting to allow for the resolution of outstanding issues. If the applicant or his authorized agent is present, no project shall be tabled more than once. If they are not, it may be tabled as many times as the city council wishes.

b.

Deny the proposed cure plan.

c.

Approve the proposed cure plan.

d.

Approve the proposed cure plan with conditions.

(d)

Plan resubmission. If the cure plan presented is not deemed acceptable by the city council, the applicant may resubmit another application in accordance with the processes of this section; however, this application shall be required to be filed within 90 days of the date on which the city council denied the preceding proposal.

(e)

Extension of resubmittal deadlines. The city manager or designee may extend the deadlines cited above when warranted by unforeseeable events. A request for extension must be filed in writing with the city manager explaining the circumstances justifying the extension.

(f) The city manager or designee shall issue a development order for the modified site plan (cure plan) within five working days of unconditional approval or verification that conditions have been met.

(Ord. No. 2014-02, § 1(Exh. A), 8-5-2014)