As the general welfare, health, safety, and convenience of the community are directly affected by the use of land, it is in the direct interest of the public that developments be conceived, designed, and developed in accordance with sound rules and proper minimum standards. The purpose and intent of this code is to serve as one of the instruments of land use control for the city and to provide:

A.

Proper traffic circulation, both vehicular and pedestrian;

B.

Fire and police protection;

C.

Protection from flooding and provide proper stormwater management;

D.

Coordination with existing and proposed development;

E.

Protection of natural resources and the environment;

F.

Adequate open space and recreation, when applicable;

G.

The adequate and efficient supply of utilities, streets, and services to new land developments;

H.

The maintenance of minimum standards for visual, design and aesthetic development of properties in the city.

A.

Prior to any permit being issued, undertaking any development, or use of land in the City of St. Cloud, a development approval, approved development order, or permit shall be obtained in accordance with the procedures of this chapter unless otherwise exempt. Bona fide agricultural activity as defined by Florida Statutes shall be exempt from the requirements of this chapter.

B.

Development activities shall be classified as one of the following activities. If unsure, contact the office of community development to determine the appropriate application process.

1.

Administrative review and zoning permits. The construction of permanent and temporary structures shall require the application for an administrative review and permit prior to commencing any activity unless otherwise noted within the LDC.

2.

Site development plans. The development of a piece of land including that without structures such as parking lots, requires the application for site development plan approval.

3.

Subdivision plans. An applicant whom desires to subdivide property into two or more properties or reconfigure the existing lot lines of their property, then they must apply for a subdivision plan approval.

4.

Planned unit developments. An applicant who desires to develop a property(s) as a single development of multiple dwelling units and/or non-residential uses with a plan seeking deviation from provisions of chapter 3 or 4 or the LDC, then approval of a planned unit development is required.

5.

Certificate of appropriateness. Prior to commencing activities affecting the exterior of properties and resources, including noncontributing properties, within the historic district as well as properties on the local historic register within the city, a certificate of appropriateness shall be obtained from the city.

6.

Landscaping and tree preservation permits. The removal, relocation, or relocation of trees, or installation or alteration of potable/reclaim irrigation systems shall apply for a tree removal or irrigation permit for such work unless otherwise exempted in this LDC. Note, plans for landscaping may be required to accompany a site development plan and therefore follow said approval process.

7.

Entertainment District event permit. All events held within the Entertainment District shall require a permit for such activities.

8.

Other approvals. For development activities that require a variance from the provisions of the LDC, conditional use approval, or other activities not listed above, see section 1.3.11.3.3 of this LDC.

C.

Table 2.1.2 identifies the various development activities and the roles of city authorities, boards, commission, or other officials in reviewing or making final decisions on a particular development activity or hearing appeals on a previous decision. Specific rules and regulations for each of the entities can be found in chapter 1 of this LDC.

Notes: ¹ Some actions only require approval from staff. Those actions are appealable to the HPB. Other actions shall be decided by HPB.

The city manager or his designee shall administer and enforce these zoning regulations. The city manager or his designee shall investigate promptly complaints of violations, reporting his findings and actions to complainants, and shall use his best endeavors to prevent violations or to detect and secure the correction of violations. If the city manager or his designee finds that any of the provisions of these regulations are being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The city manager or his designee shall order the discontinuance of illegal use of land, buildings or structures, removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other lawful action authorized by these zoning regulations necessary to ensure compliance with or to prevent violation of these regulations.

The city manager or his designee shall maintain written records of all official actions of his office with relation to administration, and of all complaints and actions taken with regard thereto, and of all violations discovered by whatever means, with remedial action taken and disposition of all cases; and the same shall be a public record.

The city manager or his designee shall be responsible for determining that applications for building permits to erect, move, add to or alter any building are in accordance with the requirements of these zoning regulations or, as provided herein, he has received a written order in the form of an administrative review, interpretation, conditional use, variance or a written order from a court of competent jurisdiction.

All applications for permanent structure, temporary or accessory structure building permits may include, but are not limited to the items listed in the attached Table 2.2.3 and described in section 2.2.3.B through D:

A.

Address as provided by the county department of public safety and parcel identification number as provided by the county tax appraiser's office;

B.

Two site plans drawn to scale, showing:

1.

The actual shape, dimensions, easements, and required setbacks, on the lot to be built upon;

2.

The exact sizes, uses, and locations on the lot of buildings already existing, if any;

3.

The exact sizes and locations on the lot of the building or buildings to be erected or altered;

4.

The proposed finished floor elevation, driveway with dimensions, and sidewalk locations, and on-site drainage pattern with proposed elevations and off-site discharge location;

5.

Handicapped accessibility, if required;

6.

Statement of the intended use of each building or buildings or parts thereof;

7.

The number of families the building is designed to accommodate;

8.

The location and number of required off-street parking and off-street loading spaces;

9.

Exact location of trees protected by article 8 of chapter 4 of this LDC, for all dwelling units except for single-family and duplex units; and

10.

Such other information with regard to the lot and existing and proposed structures as may be necessary to determine compliance with and provide for the enforcement of these zoning regulations;

C.

Sealed survey of property, made by a land surveyor licensed in the state, including property dimensions, legal description, flood zone, and legible seal. Manufactured home/mobile home placements in manufactured/mobile home parks will not be required to meet the survey requirements of this section (see section 3.5.4 for requirements). In the case of temporary or accessory structures, when the dimensions of the proposed changes are less than three feet from the required setback line, a survey shall be required. In the case of permits for fencing, no survey shall be required. All property stakes shall be in place at the time of application; and

D.

In all cases, it shall be the responsibility of the homeowner or contractor to comply with all applicable state and city codes.

• Required

&diaK  May be required contact the Community Development Department for your specific requirements

A footprint survey of all developments, and or construction projects requiring a permanent structure building permit shall be submitted by the owner or his agent or the contractor of record, to the city manager or his designee for his inspection and approval prior to any such construction work proceeding beyond the footprint stage. Manufactured home/mobile home placements in manufactured/mobile home parks or manufactured home/mobile home subdivisions will not be required to meet the survey requirements of this section (see section 3.5.4 for requirements). Any work continued prior to the review of the footprint survey shall be at the risk of the owner, or his agent or the contractor of record. The footprint survey shall be made, after the lowest floor is established, by a land surveyor licensed in the state or a duly registered engineer pursuant to F.S. ch. 471, if that engineer is the engineer of record for that project. The surveyor shall show all existing easements and structures associated with the lot, the physical boundaries, position on the lot and the floor elevation of the structure in relation to the crown of the road or approved site plan elevation. A footprint survey shall include all dimensional ties from the nearest point of the structure to the closest property lines, in order to verify required building setback lines. The requirement of a footprint survey shall apply to construction of permanent structures; alterations or additions to existing structures when the dimensions of the proposed change are less than three feet from the required setback line. These requirements shall not apply to alterations or reconstruction of the interior portion of any principal structure not affecting the lot coverage of that structure. This document shall be retained by the city manager or his designee as a public record.

A final survey of all developments, and/or construction projects requiring a building permit shall be submitted by the owner or his agent or the contractor of record, to the city manager or his designee for his inspection prior to the issuance of a certificate of occupancy. Manufactured home/mobile home placements in manufactured/mobile home parks will not be required to meet the survey requirements of this section (see section 3.5.4 for requirements).

The final survey shall be made by a land surveyor licensed in the state. The survey shall show all easements and structures associated with the lot, physical boundaries, floor elevations of structures, final drainage pattern elevations and all dimensional ties from the nearest point of the structure to the closest property lines, in order to verify required building setback lines. This document shall be retained by the city manager or his designee as a public record. This requirement of a final survey shall apply to construction of permanent structures; and, alterations to the principal structure; or, construction of temporary or accessory structures when applicable. (See Table 3.14.1 of section 3.14.1) The final survey shall be submitted to the city manager or his designee for his inspection prior to final inspection. These requirements shall not apply to alterations or reconstruction of the interior portion of any principal structure not affecting the lot coverage of that structure.

If the work described in any building permit is not begun within 180 days from the date of issuance thereof and diligently prosecuted to completion, said permit shall expire. It shall be canceled by the city manager or his designee and written notice thereof shall be given to the persons affected, together with written notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.

Building permits issued on the basis of plans and specifications approved by the city manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications. Use, arrangements, or construction different from that authorized shall be deemed a violation of these zoning regulations.

Statements made by the applicant on the building permit application shall be deemed official statements. Approval of application by the city manager or his designee shall in no way exempt the applicant from strict observance of applicable provisions of these zoning regulations and all other applicable regulations, ordinances, codes and laws. A building permit issued in error shall not confer any rights or privileges to the applicant to proceed with construction, but the city shall have the power to revoke such permit.

No construction of any type shall be commenced prior to site plan approval or the issuance of a building permit where character of construction requires such permit under these zoning regulations or other applicable city regulations. (See chapter 10, buildings and building regulations of the City Code, and see article 5 of chapter 4 of this LDC.)

The city manager or his designee shall have authority to grant a variance to required setbacks, maximum heights and lot coverage contained in this Land Development Code for any single-family dwelling or two-family dwelling provided said variance does not exceed the required setback or height by more than ten percent. No administrative variance shall be granted unless the applicant can demonstrate that the variance was caused by a factor beyond his/her control, such as a verifiable survey error. Consideration of the variance shall be at the sole discretion of the city manager or his designee.

The procedures contained in this chapter are applicable to all projects involving land development (other than subdivisions), including those without structures such as parking lots, and which involve the construction of any facility. Also included are projects which involve the alteration or conversion of existing structures or the change of use of a structure where the site and/or structure does not meet the current criteria of this regulation. The provisions of this code, where appropriate, are to be applied to on-site and off-site development activity. Exceptions from applicability of this chapter are:

A.

Single-family dwellings or major appurtenances thereto;

B.

Three or less duplex units in a subdivision where a certificate of completion for the subdivision has been issued by the city manager or his designee;

C.

Subdivision improvements as provided for in chapter 6 of these regulations.

D.

Exceptions as provided in section 2.3.5.

E.

All projects involving construction by the city, provided such development meets all of the minimum requirements for development as determined by all affected departments and approved by the city manager.

F.

This document shall be the governing document for such development. Where there are conflicts and discrepancies with other city policies, ordinances, or regulations, the more restrictive requirements shall govern.

It is strongly recommended that the applicant meet with the city manager's designee to discuss the proposed development prior to submitting formal application.

An approved site development plan shall be required for the issuance of any development order. It shall be unlawful for any person to construct, erect, or alter a building or structure or to develop, change, or improve land for which a site development plan is required by section 2.3.1 except in accordance with an approved site development plan.

A.

All applications for site development plan review shall include:

1.

City application for development review process;

2.

City letter of transmittal;

3.

City application for concurrency management system capacity availability test;

4.

Twelve copies of the site development plan;

5.

A CD or DVD of the project in an AutoCAD digital format according to the city CADD standards as approved by the city manager and on file in the department of planning and zoning; and

6.

Any applicable fees;

7.

and shall be submitted to the city manager's designee(s), no later than 3:00 p.m., on a designated submittal date. No site development plan submitted after the deadline will be added to the agenda unless approved by the city manager or his designee.

B.

The development review committee (DRC) shall review all site development plans for compliance with site development plan requirements. The applicant or his designee is encouraged to meet with the development review committee in their review of the site development plan. Procedures for review of a site development plan are set forth in section 2.3.4.

C.

All communication or notice required or permitted hereunder of the city shall include written notice by U.S. mail, postage prepaid, to the address shown on the application; all communication or notice required or permitted hereunder of the applicant shall include written notice by U.S. mail, postage prepaid, to the city.

D.

The following cases shall be considered new applications and shall require payment of an additional application fee:

1.

Any submission beyond an initial submission and one resubmission, including submission for review of minor technical corrections;

2.

Any resubmission not submitted within 60 calendar days of the date of the initial development review committee comments and/or review;

3.

Any approval by the city council which is conditioned on or subject to correction or modification of plans;

4.

Any site development plan that has been scheduled on the development review committee agenda and is continued more than two times.

E.

Any resubmission, when necessary, changes are not the fault of the applicant but are necessary because of "additional" requirements of a governmental entity, no additional fee shall be charged.

Applicant should schedule a preapplication conference with development review committee (DRC) personnel. The following procedure shall be required for the processing of site development plans:

A.

The submitted site development plan shall conform to all of the "required site development plan submittals". Within five working days following the application submittal, all site development plans shall be reviewed by the city manager's designee(s) to determine completeness. (Reference section 2.3.9.) After a determination has been made, either the applicant is notified of any omitted submittal necessary to ensure compliance with all requirements which will permit a complete development review and the application is returned to the applicant or if complete, the case is scheduled for review by the development review committee.

B.

Within ten working days of completed submittal, the city will notify the applicant of the scheduled development review committee meeting date which must be scheduled within 21 calendar days from the date of the completed submittal.

C.

Five working days prior to the scheduled development review committee review date, written comments from individual departments shall be available to the applicant.

D.

The development review committee (DRC) shall review the application at the scheduled time and the development review committee shall:

1.

Approve the site development plan if all Land Development Code requirements have been met; or

2.

Deny the site development plan providing written notice of the reasons for denial, and informing the applicant of the applicant's right of appeal; or

3.

Approve the site development plan with minor conditions providing such conditions shall not conflict with any Land Development Code requirement and all conditions set shall be agreed to by the applicant. At the time of setting conditions, the development review committee shall also state a specified time period for all conditions to be met. Minor conditions are defined as those conditions which are exclusive of any details which may be shown on the plans, such as permits, submittal of easements, affidavits, or other documentation. Also, a minor condition may be considered a change on the site development plan to correct a typographical error or to provide a clarification; or

4.

Approve the site development plan subject to approval by the city council of any standard site variances to the Land Development Code; or

5.

Delay action on approval or denial of the site development plan until such time as the applicant resubmits plans with development review committee required changes; and

6.

After approval by the development review committee of the site development plan, the city manager's designee shall issue a written "notice of development review committee approval" and the application process shall be at an end and the site development plan shall stand approved without further review.

E.

The applicant shall have ten working days from the date of the development review committee meeting to accept or reject the action of the development review committee. If no request of "appeal to the city council" is submitted, the development review committee action is considered accepted, and the process will terminate.

F.

Appeal to the city council. The applicant may request an appeal of the decision of the development review committee. The following procedures shall apply for appeal:

1.

The applicant shall provide to the city a request for appeal in writing to the city manager. Such request shall state the appeal, reasons for such appeal and any other necessary documentation to support such an appeal.

2.

The city manager shall process the requested appeal to city council. Such request shall be forwarded to council at the next available submittal date for city council scheduling.

3.

After review by council of the appeal, thereupon the city council shall:

a.

Approve;

b.

Approve with conditions;

c.

Deny; or

d.

Return the application to the development review committee or city manager's designee for further review, information or recommendation.

G.

Council action final. The city council's action shall be final and will conclude the process.

A.

Revisions and/or modifications to approved site development plans while under construction which do not increase the gross square footage of a building or adversely impact compliance with the approved site development plan and would not alter the required infrastructure and improvements necessary to serve the site, may be approved in writing by the city manager's designee provided such additions and/or modifications fully conform to all existing city regulations. Prior to final acceptance of the site, as-built drawings shall be submitted indicating such revisions, and/or modifications prior to site acceptance.

B.

Changes to existing development (mini site development plan). Mini site development plans shall not require development review committee approval when the site proposed for development meets the following criteria:

1.

All infrastructure exists on the site to service the site;

2.

Site engineering is not required for the development of the site;

3.

Parking meets all parking code requirements or no more than six parking spaces are being added to the site;

4.

Square footage of the proposed structure does not exceed 1,500 square feet;

5.

The proposed development does not significantly alter the traffic circulation system or significantly change the use of the property; and

6.

The existing site meets all stormwater management requirements.

The applicant shall request a determination from the city manager or designee as to whether the proposed mini site development plan meets the criteria established above. If the mini site development plan meets the criteria, the applicant shall provide the submittals as required by the city manager or his designee. The affected department, and in the case of water, sewer, and/or reclaimed water system infrastructure—water authority, shall review, comment, and approve in writing or shall notify the applicant that a mini site development plan is not acceptable and a complete site development plan is required.

C.

Changes to existing development to extend water, sewer and reclaim services or provide fire protection (minor site plan). Minor site plans shall require the approval of the water authority and fire departments when the proposed new service site for water, sewer and reclaim services or fire protection meet the following criteria:

1.

The plans do not include the addition of a publicly maintained sanitary sewer lift station development;

2.

The site is already in use with existing multi-family or commercial structure(s) in place;

3.

The existing site meets all stormwater management requirements; and

4.

The site can be served by a service extension.

The applicant shall request a determination from the water authority as to whether the proposed mini site plan meets the criteria established above. If the mini site plan meets the criteria, the applicant shall provide the water authority with submittals as required by the water authority executive director or his designee. The water authority and the fire departments shall review, comment, and approve in writing or shall notify the applicant that a mini site plan is not acceptable and a complete site development plan is required.

D.

Changes in use shall be evaluated by the development review committee as to the need for a complete site development plan review, and possible modifications, based on the nature of the change in use or occupancy, and the need for compliance with current regulations. Any proposed change of use in the following categories will automatically be required to go through the change of use process standard which includes a five-day DRC process: Automobile (all sub-uses), boat repair/boat service, assembly (including places of worship, childcare), restaurant, industrial, gymnastic/health spa facility, pet grooming, pawn shops, pain clinics. The following items shall be provided for review of a change of use:

1.

Type of business;

2.

Previous use;

3.

Hours of operation;

4.

Square footage of all structures;

5.

Scaled drawing of the site and structure. Drawing to include:

a.

Parking (with dimensions) including handicapped spaces;

b.

Loading;

c.

Ingress/egress to the site;

d.

Traffic circulation pattern;

e.

Adjacent roadways;

f.

Dumpster location;

g.

Existing and proposed signage;

h.

Any other information pertinent to the operation of the site.

6.

State accessibility standards for entrance and restrooms.

No building permit shall be issued by the city until a development order has been issued. No work of any nature shall commence on the property until a development order has been issued, except with the express approval of the city council. Upon site development plan approval and issuance of a building permit, the development shall be built in accordance with the approved site development plan.

Application fees for site development plan review and all concurrency fees, as adopted from time to time by resolution of the city council, shall be paid to the city at the time the submittals are made to the city manager or his designee.

Following issuance of the development order, the applicant shall have one calendar year to commence construction on the site. Where substantial construction has not begun within one calendar year, or where substantial progress has not been made during any six-month period following commencement of construction, the site development plan shall be reevaluated by the appropriate bodies. One extension of one calendar year may be granted by the development review committee on request of the applicant, if the application is made prior to expiration and where conditions or codes have not changed during the first year, so as to affect the public health, safety and welfare of the citizens of the city. Request must be in writing and must be received on or before any consideration is given.

If a request for phasing is approved at the time of issuance of the development order, the dates for each phase shall be adhered to or the development order shall expire. The following guidelines shall be used for determining eligibility for phasing: 1) Sites greater than three acres, and 2) buildings greater than 15,000 square feet. Phasing shall not be granted for more than three calendar years. Each phase shall be required to receive a separate certificate of capacity prior to commencement of construction.

In keeping with the requirements of this article, all site development plans shall include the items listed in the "required submittals check list" as adopted by resolution by the city council. The required submittal checklist shall be made available in the office of the city manager or designee.

A.

Standard site variances. The city council may grant a standard site variance from the applicability or specific terms of these regulations, exclusive of zoning regulations which shall be heard by the board of adjustment, when such standard site variance will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this LDC would result in unnecessary hardship. Such standard site variance shall not be granted if it has the effect of nullifying the intent and purpose of these regulations. Furthermore, such standard site variance shall not be granted by the city council unless and until:

1.

Written application for a standard site variance is submitted to the city council demonstrating the following:

a.

That special conditions and circumstances exist which are peculiar to the land, structures, or required subdivision improvements involved and which are not applicable to other lands, structures, or required subdivision improvements;

b.

That a literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties with similar conditions;

c.

That the special conditions and circumstances do not result from the actions of the applicant.

2.

A public hearing on the proposed standard site variance shall be held by the city council after due written notice to the adjacent property owners by certified mail and publication of a notice of public hearing in a newspaper of general circulation in the city at least seven calendar days in advance of the public hearing. The costs of mailing notices and advertising or any fees established by resolution shall be paid by the applicant upon the filing of such written application.

3.

The city council shall find that the standards in subsection A of this section have been satisfied, and that the standard site variance being granted is the minimum variance required in order to make possible the reasonable use of the land, buildings, and other improvements.

4.

The city council shall further find that the granting of the standard site variance would be in harmony with the general purpose and intent of these regulations, will not be injurious to the surrounding territory, or otherwise be detrimental to the public.

5.

In granting any standard site variance, the city council may prescribe appropriate conditions and safeguards to ensure that the purposes of these regulations are carried out and to ensure that the standard site variance granted is the minimum necessary to allow reasonable use of the land and improvements.

B.

Exceptions. The standards and requirements set forth in these regulations may be modified by the city council in the case of a plan and program for a complete community or a planned unit development which in the judgment of the city council provides adequate public or private spaces and improvements for the circulation, recreation, light, air, and service needs of the tract when fully developed and populated, and which also provides such covenants or other legal provisions as will assure conformity to the implementation of the plan. In granting such modification, the city council shall require such reasonable conditions and safeguards as will secure substantially the objectives and standards of this LDC.

C.

Appeals. Appeals to the terms of this LDC are as provided for in section 2.3.4.F herein.

The following procedure shall be required for the processing of site development plans that meet the definition of a live local act as defined in Article II of the Land Development Code:

A.

Applicant shall schedule a pre-application conference with development review committee (DRC) personnel. The following materials shall be provided to DRC personnel at the time a pre-application conference is scheduled:

1.

Project concept plan;

2.

Narrative detailing how the project meets the requirements of the live local act, including at minimum; project acreage; project gross density; proposed maximum building height, and the total number of affordable housing units proposed in the development, categorized by level of eligible households (very low-, low- and moderate-income households).

3.

Live local act questionnaire.

B.

In the event a proposed development is found to meet the parameters of a Live Local Act Project, a site development plan may be submitted to the city for review. The site development plan shall, at a minimum, conform to all of the "required site development plan submittals", as referenced in section 2.3.1. Additionally, a detailed narrative shall be provided which, at a minimum, outlines the following:

1.

Live Local Act consistency. How the project meets the requirements for the Live Local Act, including a formal request for the project review to be expedited.

2.

Proposed building height. In the event the proposed building height is taller than what the existing zoning district allows, backup materials, such as a map showing constructed building heights within a one-mile radius of the project, shall be provided.

3.

Project density. Proposed residential density and how it conforms to the comprehensive plan.

4.

Affidavit of commitment. Applicant must file an affidavit of commitment to record a deed restriction or other legally binding instrument acceptable to the city manager or designee, detailing the affordable housing restrictions and compliance with the monitoring and requirements of the city. The deed restriction must be recorded prior to the first certificate of occupancy in the project.

C.

Expedited review process:

1.

Within three working days following the application submittal, the site development plan shall be reviewed to determine completeness. After a determination has been made, either the applicant is notified of any omitted submittal necessary to ensure sufficiency and the application is returned to the applicant or if sufficient, the case is scheduled for review by the development review committee.

2.

Within seven working days of completed submittal, the city will notify the applicant of the scheduled development review committee meeting date which must be scheduled within 14 calendar days from the date of the completed submittal.

3.

The development review committee (DRC) shall review the application at the scheduled time and the development review committee shall:

i.

Approve the site development plan if all land development code requirements have been met; or

ii.

Deny the site development plan providing written notice of the reasons for denial, and informing the applicant of the applicant's right of appeal; or

iii.

Approve the site development plan with minor conditions providing such conditions shall not conflict with any land development code requirement and all conditions set shall be agreed to by the applicant. At the time of setting conditions, the development review committee shall also state a specified time period for all conditions to be met. Minor conditions are defined as those conditions which are exclusive of any details which may be shown on the plans, such as permits, submittal of easements, affidavits, or other documentation. Also, a minor condition may be considered a change on the site development plan to correct a typographical error or to provide a clarification; or

iv.

Delay action on approval or denial of the site development plan until such time as the applicant resubmits plans with development review committee required changes; and

v.

After approval by the development review committee of the site development plan, the city manager's designee shall issue a written "notice of development review committee approval" and the application process shall be at an end and the site development plan shall stand approved without further review.

(Ord. No. 2024-22, § I, 4-25-2024)

Live Local Act Projects as defined in article II must comply with the following monitoring program for 30 years from the date of the first certificate of occupancy within the project.

A.

Annual progress and monitoring report. Live Local Act Projects shall be subject to the monitoring program set forth in this section. The developer shall provide the city manager or designee with an annual progress and monitoring report regarding the delivery of affordable housing rental units throughout the period of their construction, rental, and occupancy for each development subject to the Live Local Act Provisions of this Code. The annual progress and monitoring report shall, at a minimum, require any information reasonably helpful to ensure compliance with this section. To the extent feasible, the city manager or designee shall maintain public records of all affordable dwelling units constructed pursuant to the live local act, occupancy statistics of such dwelling units, complaints of violations of this section which are alleged to have occurred, the disposition of all such complaints, and such other records and information as the city manager or designee believes may be necessary or desirable to monitor the success of the program and the degree of compliance therewith. Failure to complete and submit the monitoring report to the city manager or designee within 60 days from the due date will result in a penalty of up to $50.00 per day per incident or occurrence unless a written extension not to exceed 30 days is requested prior to expiration of the 60-day submission deadline.

B.

Income verification and certification.

1.

Eligibility. The determination of eligibility of moderate-, low-, and very-low-income households to rent and occupy affordable housing units is the central component of the live local act monitoring program. Household income eligibility is a three-step process:

(a)

Submittal of an application by a tenant;

(b)

Verification of household income and assets; and

(c)

Execution of an income certification.

All three shall be accomplished prior to a tenant being qualified as an eligible household to rent or purchase and occupy an affordable housing unit pursuant to the Live Local Act Program. No person shall occupy an affordable housing unit provided under the Live Local Act Program prior to being qualified at the appropriate level of income (moderate-, low-, or very-low-income).

2.

The developer shall be responsible for accepting applications from tenants, verifying income and obtaining the income certification for its development, and all forms and documentation must be provided to the city manager or designee prior to qualification of the tenant as a moderate-, low-, or very-low-income household. The city manager or designee shall review all documentation provided and may verify the information provided from time to time. Prior to occupancy by a qualified tenant, the developer shall provide to the city manager or designee, at a minimum, the application for affordable housing qualification, including the income verification form and the income certification form, and the lease or rental agreement for that qualified tenant. At a minimum, the lease shall include the name, address and telephone number of the head of household and all other occupants, a description of the unit to be rented, the term of the lease, the rental amount, the use of the premises, and the rights and obligations of the parties. Random inspections to verify occupancy in accordance with this section may be conducted by the city manager or designee.

3.

Application. A potential tenant shall apply to the developer, owner, manager, or agent to qualify as a moderate-, low-, or very-low-income household for the purpose of renting or owning and occupying an affordable housing unit pursuant to the Live Local Act Program. The application for affordable housing qualification shall be in a form provided by the city manager or designee and may be a part of the income certification form.

4.

Income verification. The developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income to the potential tenant (including the entire household). The written verification form shall include, at a minimum, the purpose of the verification, a statement to release information, employer verification of gross annual income or rate of pay, number of hours worked, frequency of pay, bonuses, tips and commissions and a signature block with the date of application. The verification shall be valid for up to 90 days prior to occupancy. Upon expiration of the 90-day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The income verification may take the form of the most recent year's filed income tax return for each occupant who had filed and will occupy the affordable housing unit.

5.

Income certification. Upon receipt of the application and verification of income, an income certification form shall be executed by the potential tenant (including the entire household) prior to sale or rental and occupancy of the affordable housing unit by the owner or tenant. Income certification that the potential occupant has a moderate-, low-, or very-low-income household income qualifies the potential occupant as an eligible household to buy or rent and occupy an affordable housing unit under the AHDB program. The income certification shall be on a form provided by the city manager or designee.

6.

The developer shall be deemed in compliance with the live local act if the developer has complied with the tenant eligibility and qualification requirements of the Florida Housing Finance Corporation by providing Osceola County's Community and Human Services Division a copy of the annual Florida Housing Finance Corporation compliance and program reports.

(Ord. No. 2024-22, § I, 4-25-2024)

Public health, safety, comfort, and welfare require the harmonious, orderly, and progressive development of land within the corporate limits of the city. Once the subdivision of land has been shaped into building lots, blocks, and streets, the correction of defects is costly and difficult. Substantial public responsibility is created by each new subdivision, involving the maintenance of streets and drainage facilities, and the provision of additional public services. As the general welfare, health, safety, and convenience of the community are thereby directly affected by the use of land as a subdivision, it is in the direct interest of the public that subdivisions be conceived, designed and developed in accordance with sound rules and proper minimum standards. Consideration shall be given to the character of an area and the availability of public facilities to ensure the compatibility and coordination of land uses and facilities within a given geographic unit. The purpose and intent, therefore, of this LDC is to serve as one of the several instruments of land use control authorized by the state legislature for the city and to secure:

A.

The establishment of standards of subdivision design which will encourage the development of sound and stable areas within the corporate limits of the city;

B.

Installation to prescribed standards by the land developer of those required improvements which ought not become a charge on the citizens and taxpayers of already existing areas;

C.

The adequate and efficient supply of utilities, streets, and services to new land developments;

D.

The prevention of haphazard, premature, or scattered land development;

E.

The prevention of traffic hazards and congestion which result from narrow or poorly aligned streets and from excessive ingress and egress points along major traffic arteries, and the provision of safe and convenient traffic circulation, both vehicular and pedestrian, in new land development;

F.

Safety from fire, panic, and other dangers to promote health and the general welfare;

G.

Protection from flooding hazards and ensure proper water management;

H.

The provision of public open spaces in new land developments through the dedication or reservation of land for recreational, educational, and other public purposes;

I.

Coordination of land development in accordance with orderly physical patterns and general plans and policies adopted by the city council, in particular, the city comprehensive land use plan;

J.

Protection of the natural and scenic resources of the city, including surface waters and groundwater recharge areas.

The provisions of this LDC are applicable to the division of a parcel of land (which in this context is defined to mean the totality of contiguous land holdings by a single owner regardless of how described or recorded) into two or more parcels for the purpose, whether immediate or future, of transfer of ownership or building development, and also includes all cases where:

A.

The subdivider advocates, proposes, suggests, or exhibits a proposed plan, map, or plat of development of land; or

B.

The subdivider proposes to create a street, right-of-way, or easement that joins or connects to an existing public street.

Property subdivided prior to the effective date of the ordinance from which this LDC is derived shall comply with all requirements of this LDC unless such property fully complied with the terms of all requirements in effect at the time such property was divided. Where a final plat has not been recorded, the following shall apply:

C.

Those proposed subdivisions which have obtained preliminary approvals, but have not recorded a plat and/or completed the installation of all required improvements prior to the effective date of these regulations, shall be subject to reevaluation by the development review committee and the city council based upon all new regulations and requirements contained in the Land Development Code, unless final plat approval is obtained within 12 months from the effective date of these regulations. In the event that this deadline is not met, and the city council determines that the failure to meet this requirement was due to administrative reviews or delays not attributable to the developer, a reasonable extension of time may be granted by the city manager or designee.

D.

Nothing in this LDC shall be construed to limit or modify the rights of any person to complete any development for which a plat has been recorded, or for which a building permit or other authorization to commence development has been obtained prior to the effective date of these regulations, provided that there has been a good faith change in position and/or substantial expenditures made in reliance upon such approval as of the effective date of the ordinance from which this LDC is derived.

E.

For these subdivisions which are determined by the city council to have vested rights, so as to be entitled to complete the subdivision improvements in accordance with previously submitted plans, failure to diligently prosecute the required work to a timely completion shall result in a forfeiture of the previously vested rights, and such subdivision shall then be subject to re-evaluation by the city.

F.

Owners of all or part of undeveloped or partially developed plats shall have one year from the effective date of the ordinance from which this LDC is derived to apply to the city for a determination of vested rights. Failure to apply shall result in all such plats being vacated for purposes of this section.

(Ord. No. 2024-86, 1-9-2025)

It shall be the intent of the city that there be an orderly process for the approval of the subdivision plats in the city. This process is intended to permit full and adequate review by the city in order to ensure and protect the public interest. This process will also benefit the subdivider by providing for the identification of potential problems with the development and offering solutions to alleviating those problems. This three-step process shall be:

1.

The preliminary subdivision plan;

2.

The subdivision construction plan; and

3.

The final plat.

The plans may be reviewed concurrently at the applicant's risk. There are exceptions to this process for subdivisions and changes to lot lines that are deemed to have minimal impact to the general public. They are known as simple lot splits, lot reconfigurations, and minor subdivisions.

1.

Simple lot splits, see section 2.4.7;

2.

Lot reconfigurations, see section 2.4.8; and

3.

Minor subdivisions, see section 2.4.9.

A.

Purpose. The purpose of the preliminary subdivision plan is to provide for the initial review of the proposed development site. A complete and accurate presentation of the data shall be provided. This will allow complete review and evaluation of the proposed development and its impact on both the site and the surrounding areas.

B.

Reserved.

C.

Submittals. All applications shall be submitted to the city department designated by the city manager. The preliminary subdivision plan shall consist of a lot design geometry plan and other auxiliary submittals as required by the city manager or their designee.

D.

Subdivision and subdivision construction plans or any portion thereof involving engineering shall be certified and prepared by and/or under the direct supervision of a professional engineer, qualified by training and experience in the specific technical field involved and registered or licensed to practice that profession in the State of Florida.

E.

Fees. Fees for preliminary subdivision plan review, as adopted from time to time by resolution of the city council, must be paid to the city at the time the submittals are made.

F.

Reserved.

G.

Review process. Each preliminary subdivision plan shall be subjected to a standard review process.

1.

Staff review. Once an application is determined to be complete, copies shall be reviewed for conformity with the approved provisions of this LDC and other applicable ordinances, articles, laws, and regulations. Upon completion of the development review, comments from the city, county, state and/or school board shall be compiled and provided to the applicant. The applicant shall prepare revised drawings and respond in writing to any deficiencies noted in the development review comments. If determined necessary during the development review process or at the request of the applicant, the case may be brought before a meeting of the development review committee for review.

2.

If a revised plan is submitted within 60 days of the original review, no additional fees will be charged. If more than one resubmittal is required or if more than 60 days lapse, an additional fee may be charged. An extension to any of these deadlines may be considered by the city manager or their designee if a written request is submitted by the developer prior to the expiration date.

3.

City council review. At its regularly scheduled meeting, the city council shall review the preliminary subdivision plan. Based on the information generated and the comments made during the development review, the city council shall approve, disapprove, or approve subject to stated conditions. Approval of the preliminary subdivision plan shall authorize review for approval of the subdivision construction plans and final plat by the development review committee as outlined in sections 2.4.5 and 2.4.6.

4.

Time limit on approval. Subdivision construction plans shall be submitted within 12 months of the preliminary subdivision plan approval. Said subdivision construction plans shall include all areas included in the preliminary subdivision plan or the approved preliminary subdivision plan shall become void. A single extension, not to exceed the original 12-month time limit, may be considered by the city manager or designee, upon written request by the applicant prior to the expiration date, showing cause for such an extension. When a subdivision is being developed in phases, subdivision construction plans and plats are to be submitted within the time frames established at the time of approval of the preliminary subdivision plan, unless further extensions are granted by the city manager or designee following written application.

(Ord. No. 2024-86, 1-9-2025)

A.

Purpose. The purpose of the subdivision construction plans is to ensure the review and approval of final technical submittals and engineering drawings.

B.

Reserved.

C.

Submittals. All applications shall be submitted to the city department designated by the city manager. The subdivision construction/engineering drawings shall include submittals as required by the city manager or designee and/or required as a condition of approval by the city council of the preliminary subdivision plan. The subdivision construction/engineering drawings may be reviewed concurrently with the preliminary subdivision plan and/or the final plat.

D.

Fees. Fees for subdivision construction plans, as adopted by a resolution of the city council must be paid to the city at the time of submittal.

E.

Review process.

1.

Staff review. Once an application is determined to be complete, copies shall be distributed for development review and evaluated for conformity with the approved preliminary subdivision plan, the provisions of this LDC, and other applicable ordinances, articles, laws, and regulations. Upon completion of the development review, comments from the city, county, state and/or school board shall be compiled and provided to the applicant. The applicant shall prepare revised drawings and respond in writing to any deficiencies noted in the development review comments. If determined necessary during the development review process or at the request of the applicant, the case may be brought before a meeting of the development review respondents for review.

If a revised plan is submitted within 60 days of the original review, no additional fees will be charged. If more than one resubmittal is required or if more than 60 days lapse, an additional fee may be charged. An extension to any of these deadlines may be considered by the city manager or their designee if a written request is submitted by the developer prior to the expiration date.

2.

Subdivision construction plan approval. Approval of the preliminary subdivision plan by the city council shall authorize review for approval of the subdivision construction plans by the development review committee. Subdivision construction plans shall only be approved once the plans achieve conformity with the provisions of this LDC and other applicable ordinances, articles, laws and regulations and have addressed all comments made during the development review process.

(Ord. No. 2024-86, 1-9-2025)

A.

Purpose. The purpose of the final plat review is to ensure the preparation, completion and recording of the final plat map and its accompanying legal documentation.

B.

Reserved.

C.

Submittals. All applications shall be submitted to the city department designated by the city manager. The final plat shall constitute only that portion of the approved preliminary subdivision plan which the subdivider proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of these regulations. The final plat shall include submittals as required by the city manager or their designee and any submittals required as a condition of approval by the city council of the preliminary subdivision plan. The approval of the final plat shall be made only pursuant to certification of adequacy of the following list of required submittals by the city manager or his designee and/or city attorney as appropriate:

1.

Title certificate. A certificate of ownership, signed by a licensed attorney at law or an abstract company, licensed to practice in the state, in form approved by the city attorney, and showing:

a.

Parties executing plat are owners of the land embraced by the plat;

b.

All mortgages, liens, or other encumbrances;

c.

That all city, county, or school board taxes and/or assessments are paid to date;

d.

Description of plat is correct;

e.

No conflicting rights-of-way, easements, or plats exist.

2.

Development agreement. If determined necessary by the city to secure the future performance of any conditions imposed by the city or representations made by the developer, an executed development agreement in a form acceptable to the city may be required. In such event the developer shall be required to pay all costs involved in the recording of such agreement.

D.

Fees. Fees for plat review, as adopted from time to time by resolution of the city council must be paid to the city at the time the submittal is made to the department of as determined by the City Manager.

E.

Review process. All final plats shall be subjected to a standard review process as outlined below:

1.

Staff review. Once an application is determined to be complete, copies shall be distributed for development review and evaluated for conformity with the approved preliminary subdivision plan, the provisions of this LDC, and other applicable ordinances, articles, laws and regulations. Upon completion of the development review, comments from the city, county, state, and/or school board shall be compiled and provided to the applicant. The applicant shall prepare revised drawings and respond in writing to any deficiencies noted in the development review comments. If determined necessary during the development review process or at the request of the applicant, the case may be brought before a meeting of the development review respondents for review.

If a revised plat is submitted within 60 days of the original review, no additional fees will be charged. If more than one resubmittal is required or if more than 60 days lapse, an additional fee may be charged. An extension to any of these deadlines may be considered by the city manager or their designee if a written request is submitted by the developer prior to the expiration date.

Further, if any deviations are found from the approved preliminary subdivision plan, the final plat shall be considered for action by city council.

2.

Final decision. Approval of the preliminary subdivision plan by the city council shall act as a delegation of authority to the development review committee to approve the final plat in substantial accordance with the approved preliminary subdivision plan. For minor subdivisions, the final plat shall be forwarded to city council for approval. When the final plat complies with all requirements and the applicable fees for the recording of the plat with the clerk of the circuit court have been received, it shall be presented for final approval, consistent with the approval authority noted above. For minor subdivisions, the city council shall have the option of approving the final plat as presented or requiring additional information or revisions. The mayor shall execute the final plat approved in accordance herewith, and the deputy mayor shall have the authority to sign final plats in the absence of the mayor.

3.

The appropriate steps in recording of the final plat are outlined in sections 2.4.6.F and G. If all items are received, the final plat is approved and upon execution of the final plat by the mayor, the city shall be authorized to record the plat with the clerk of the circuit court and provide copies of the recorded plat to the applicant.

4.

Time limit. If the infrastructure improvements will be guaranteed through a performance bond, the final plat must be recorded within 60 days of approval or it shall become void. If the infrastructure is installed in lieu of performance bonding the final plat must be recorded within 60 days of infrastructure acceptance by the City of St. Cloud or it shall become void.

F.

Compliance with these regulations and state law required. The mylar of the final plat will be retained by the city for the purpose of recording with the clerk of the circuit court of the county after approval. Such plats shall comply with section 2.4.6. A through E of these regulations and F.S. ch. 177. All fees and documents required by the clerk for filing and recording of the approved final plat shall be transmitted through the city manager or designee when final approval is received.

G.

Approval and payment of fees required. No plat of lands in the city subject to these regulations shall be recorded, whether as an independent instrument or by attachment to another instrument entitled to record, unless and until such plat has been approved by the City Manager or designee, all fees and the following requirements have been received.

1.

Bonds. The approval of any plat shall be subject to the subdivider guaranteeing the installation of storm drainage facilities, bulkheads, streets, water and sewer lines and/or other required public improvements by filing a performance bond or bonds executed by an approved corporate surety company in the amount of 110 percent of the construction costs, including landfill. Cost for construction shall be (1) estimated by the subdivider's professional engineer, or (2) a copy of the contract provided. The amount of the performance bond must be approved as adequate by the city manager or designee, and/or the water authority official responsible for utility services. In cases where improvements are installed prior to recording, a maintenance bond must be submitted to the city manager or their designee. Performance and maintenance bonds for water, sewer reclaimed lines and related improvements shall include the water authority as a named dual- obligee.

a.

Escrow deposit, cashier's check, certified check and/or irrevocable and unconditional letters of credit;

b.

Notwithstanding anything contained in this section, bond requirements may be met by the use of other submittals as approved by the city council.

2.

Recorded covenants. Any protective deed covenants to be placed on the property.

3.

Construction costs. Itemized costs shall be submitted concurrently with all required bonds for review by the city manager or his designee. A professional engineer's cost estimate or the accepted contractor's bid shall be submitted for performance bond review. A corrected contractor's bid reflecting any additional cost increases shall be required for the review of maintenance bonds. All cost documents shall be signed and sealed where appropriate.

(Ord. No. 2024-86, 1-9-2025)

The subdividing of a tract, lot or parcel into only two lots (one new lot and the remainder) is allowed if each lot abuts a publicly maintained street which has been duly dedicated and accepted by the city and/or a privately maintained right-of-way, no new streets are created, and there is no change in the length or alignment of an existing street.

A.

Simple lot splits do not require the formal platting process but shall be reviewed and approved by the city manager's designee; and

B.

Simple lot splits approved by the city manager's designee shall be recorded in public records; and

C.

If required due to noncompliance or nonconforming conditions, the applicant shall provide the necessary right-of-way to bring the applicable roadway to standards; and

D.

No property shall be subdivided pursuant to this section more than once per year; and

E.

For purposes of this section, the ownership interest in the portion of the lot which abuts a publicly or privately maintained street must be fee simple ownership.

Reconfigured lots shall adhere to the following:

A.

Lot reconfigurations do not require a formal platting process but shall be reviewed by the city manager's designee; and

B.

Lot reconfigurations approved by the city manager's designee shall be recorded in public records; and

C.

The lot lines are reconfigured to be in compliance with current regulations; and

D.

The number of reconfigured lots is less than or equal to the number of existing lots; and

E.

No easements existing on the subject property would need to be modified, unless approval is granted by the city manager; and

F.

The combined area of the new lots is equal to the combined area of the existing lots; and

G.

Each new lot abuts a publicly maintained street which has been duly dedicated and accepted (or a privately maintained right-of-way); and

H.

No new streets are created and there is no change in the length or alignment of an existing street.

Where property abuts an existing standard street and the proposed plans do not require the creation of new streets or improvements for water, sewer, drainage, or other public facilities other than those services normally provided for individually platted lots, the city manager or designee may waive preliminary subdivision plan review and permit the final plan and accompanying plat to be submitted for development review and presented to the city council for approval, in accordance with section 2.4.6.

(Ord. No. 2024-86, 1-9-2025)

A.

Variances. The city council may grant a variance from the applicability or specific terms of these regulations when such variance will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this LDC would result in unnecessary hardship. Such variance shall not be granted if it has the effect of nullifying the intent and purpose of these regulations. Furthermore, such variance shall not be granted by the city council unless and until:

1.

A written application for a variance is submitted to the department as determined by city manager demonstrating:

a.

That special conditions and circumstances exist which are peculiar to the land, structures, or required subdivision improvements involved and which are not applicable to other lands, structures, or required subdivision improvements;

b.

That a literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties with similar conditions;

c.

That the special conditions and circumstances do not result from the actions of the applicant.

2.

A public hearing on the proposed variance shall be held by the city council after due notice to the public and written notice to the adjacent property owners. The costs of holding hearings and of sending notices shall be paid by the applicant upon the filing of such written application. The public hearing may be held prior to or simultaneously with the public hearing for consideration of the development plan.

3.

The city council shall find that the standards in subsection 1. above have been satisfied, and that the variance being granted is the minimum variance required in order to make possible the reasonable use of the land, buildings, and other improvements.

4.

The city council shall further find that the granting of the variance would be in harmony with the general purpose and intent of these regulations, will not be injurious to the surrounding territory, or otherwise be detrimental to the public.

5.

In granting any variance, the city council may prescribe appropriate conditions and safeguards in conformity with this article.

B.

Exceptions. The standards and requirements set forth in these regulations may be modified by the city council in the case of a plan and program for a complete community or a planned unit development which, in the judgment of the city council, provides adequate public or private spaces and improvements for the circulation, recreation, light, air, and service needs of the tract when fully developed and populated, and which also provides such covenants or other legal provisions as will assure conformity to the implementation of the plan. In granting such modification, the city council shall require such reasonable conditions and safeguards as will secure substantially the objectives and standards of this LDC.

(Ord. No. 2024-86, 1-9-2025)

A.

Vacation of plats.

1.

By owner. The owner of any land subdivided into lots may petition the city under the provisions of F.S. § 177.101 to remove (vacate and annul) the existing plat, or portion of a plat, from the official records of the county. The applicant for vacating of a plat, or a part of a plat, shall file the petition, proof of publication of notice of intent, certificate of title, statement of taxes and resolution, and shall pay the appropriate filing fee as established by the city. Following review of the appropriate departments the petition shall be acted upon by the city council. The applicant shall be responsible for recording the petition and the proof of publication with the clerk of the circuit court for the county.

2.

By city. The city council may, on its own motion, order the vacation and annulment of all or any part of a plat within its jurisdiction after conducting a public hearing, provided that:

a.

The subdivision plat was lawfully recorded not less than five years before such action by council; and

b.

No more than ten percent of the total subdivision or phase thereof, has been sold as lots by the original subdivider or his successor in title.

c.

Such action shall be based on a finding by the council that:

(1)

The proposed vacation and annulment of the plat will result in greater conformity with the comprehensive plan of the area; and

(2)

The public health, safety, and welfare will be promoted thereby.

d.

Notwithstanding these provisions, the city may require conformity with existing standards for all or parts of subdivisions as outlined in section 2.4.2. For rights-of-way and easement abandonment procedures, see section 2.4.11D.

3.

Access to individually owned parcels. No owner of any parcel of land in a subdivision shall be deprived by the vacation and annulment of a plat, or a portion of a plat, of reasonable access to such parcel nor of reasonable access therefrom to existing facilities to which such parcel has access; provided, however, that such access remaining or provided after such vacation need not be the same as that theretofore existing.

B.

Replats and resubdivision. It is the intent of this regulation to eliminate unnecessary and duplicative staff review and public hearings for those plats which, by their nature, meet the intent and requirements of the city's Land Development Code. Replats and resubdivisions shall be in conformity with the following provisions:

1.

Substantially similar plats. An application to replat a platted piece of property may proceed directly to the development review committee for final approval of the revised plat provided that all of the following requirements are met:

a.

The proposed plat is substantially similar in design, layout and concept to the original plat, as determined by the city manager, or designee;

b.

The proposed plat will not result in the creation of more lots than were originally approved;

c.

All lots, rights-of-way and easements are in conformance without variance to the city's Land Development Code and other applicable standards;

d.

The original plat has been vacated and annulled in accordance with the procedures established in F.S. ch. 177, or its successor, and in accordance with city requirements prior to final approval of the replat and resubdivision.

C.

Plat corrections. Should an error or omission be discovered in a plat legally recorded under these regulations, an affidavit stating the true and correct information may be filed by the original surveyor of the plat. Said affidavit shall be accepted in place of that portion of the plat in error or omitted only if the affidavit has been filed in conformance with F.S. § 177.141, or its successor.

D.

Vacating of rights-of-way and easements. Rights-of-way and easement vacations shall not be valid unless and until the following requirements have been satisfied:

1.

A petition and legal description, along with a sketch of the legal description, of the area to be vacated has been properly submitted to, and accepted by, the city;

2.

A revised plat has been submitted upon determination by the city manager or designee that such a plat is required;

3.

For utility, sidewalk and construction easements, the easement rights may be vacated or modified by the city manager or designee upon a determination that the easement rights no longer serve or are needed for public purposes based on recommendations of the development review committee; and

4.

For rights-of-way, upon final approval of the city council has been granted through a public hearing. Said approval shall be based upon the recommendations of the development review committee with regard to impacts to:

a.

The city;

b.

The immediate neighborhood and/or adjacent area;

c.

The property owners immediately adjacent to the affected right-of-way or easement;

d.

Any utility providers or governmental agencies having a possible need for the right-of-way or easement.

(Ord. No. 2024-86, 1-9-2025)

No building shall be erected on a lot or parcel of land subject to these regulations, nor shall any building permit be issued therefore unless one of the following conditions exist:

A.

Such lot or parcel is within a subdivision for which a final plat has been approved by the council and the required improvements have been approved by the city council and the required improvements have been installed and accepted by the council. However, buildings may be erected concurrently with the construction of the required improvements if a performance bond has been posted as provided for in these regulations subject to the approval of the development review committee. The final inspection of such buildings shall not be approved, and such buildings shall not be occupied until all the required improvements have been completed and duly certified to the council.

B.

Such lot or parcel abuts a public street which has been dedicated to and accepted by the council or such street is shown on a legally recorded subdivision plat, or unless a waiver has been obtained. However, building permits may be refused if water management, soil characteristics or other standards established in article 3 and this LDC are not met.

C.

A variance has been granted pursuant to section 2.4.10.

D.

The city manager or his designee has approved construction of units as models. Final certificates of occupancy for models may not be issued until required improvements are completed.

(Ord. No. 2024-86, 1-9-2025)

Approval for a planned unit development is obtained through a two-step process. The first step is an approval of the preliminary master plan and zoning of the land. The second step consists of final master plan approved along with the recording of the developer's commitment agreement form.

Prior to formally submitting a request for planned unit development zoning, the developer should meet with officials of the development review committee for comments regarding the advisability of undertaking a planned unit development in the proposed location.

A.

Submittal. The applicant shall submit to the planning commission a request for change to PUD zoning classification and a proposed preliminary master plan containing the following exhibits:

1.

The evidence of unified control of the proposed PUD and the agreements required under subsection 6 hereof;

2.

A vicinity map showing the location of the proposed planned unit development, relationship to surrounding streets and thoroughfares, existing zoning on the site and surrounding areas, existing land use on the site and surrounding areas within 500 feet;

3.

A boundary survey and legal description of the property;

4.

A topographic survey including flood prone delineations; the most recent USGS Topographical Survey and USGS Flood Prone Mapping may be utilized;

5.

A soils survey, which may be based on the most recent county soils survey, drawn to the same scale as the preliminary land use plan, clearly identifying all soils types especially those areas which are apparently not suitable for buildings or major structures due to soils limitations;

6.

A master plan with topography which clearly identifies proposed land uses, open space, and the proposed location of major streets and thoroughfares, recreation areas, and other major facilities;

7.

A table showing acreage for each category of land use including roads, open space, and recreation, and a table of proposed maximum and average, gross and net residential densities for residential land uses;

8.

A proposed utility service concept plan, including existing electric gas utilities on and around the perimeter, sanitary sewers, storm drainage, potable water supply, and water supplies for fire protection, including a definitive statement regarding the disposal of sewage effluent and stormwater drainage;

9.

A statement indicating that legal instruments will be created providing for the management of common areas and facilities;

10.

An analysis of the impact of the proposed planned unit development on roads, schools, utilities, and other public facilities and services;

11.

Reduced copies of the preliminary master plan, suitable for mailing, must be provided to the community development department at the time of application;

12.

A preliminary zoning and land use classification description in sufficient detail to determine the general intent with respect to the following:

a.

The general purpose and character of the proposed development;

b.

Land use by acreage and densities;

c.

Structural concepts, including height and anticipated building type;

d.

Major landscaping concepts;

e.

Recreation and open space;

f.

Facilities commitments;

g.

Housing types, price ranges, and staging;

13.

A general indication of the perceived impact area for the commercial or industrial uses.

B.

Procedures. On application for rezoning of land to PUD classification, the planning commission and city council shall proceed in general as for other applications for rezoning of land giving special consideration, however, to the following matters and requirements, and allowing changes in the rezoning application prior to the required planning commission public hearing as follows:

1.

Prehearing conference with applicants. On request by the applicant, the development review committee shall meet with the applicant or his agent to review the preliminary master plan submitted by the applicant. The purpose of such prehearing conferences shall be to assist in bringing the overall petition as nearly as possible into conformity with these or other regulations applying generally to the property involved and/or to define specifically those variations from application of general regulations which appear justified in view of equivalent service of the public purposes of such regulations.

In the course of such prehearing conferences, any recommendations for changes shall be recorded in writing and shall become part of the record in the case. All such recommendations shall be supported by stated reasons for the proposal for change. The applicant shall state in writing his agreement to such recommendations, or his disagreement, and if there is disagreement, shall in writing indicate his reasons therefore, and such responses by applicant shall be included in the record.

At such time as further conferences appear unnecessary, or at any time on the request of the applicant, public notice shall be given and the hearing before the planning commission held as for other applications for rezoning, but the notice and hearing shall be on the petition as it may have been amended following the prehearing conferences rather than as originally submitted.

2.

Planning commission findings and recommendations. After public hearing, the planning commission may recommend to the city council that the PUD rezoning be granted subject to stated stipulations and conditions, or be disapproved. In making its recommendation, the planning commission shall find that the preliminary master plan submitted by the applicant and presented at the public hearing do or do not establish that the applicant has met the requirements of these regulations applicable to rezoning generally, and in addition:

a.

The requirements of unified control and agreement set forth herein;

b.

The locational standards set forth herein;

c.

The internal PUD standards set forth herein;

d.

The tract for the proposed PUD is suitable in terms of its relationships to the city comprehensive plan and that the area surrounding the proposed PUD can continue to be developed in coordination and substantial compatibility with the PUD proposed;

e.

That the desirable modifications of general zoning or PUD regulations as applied to the particular case, justify such modification of regulations and meet to at least an equivalent degree the regulations modified, based on the design and amenities incorporated in the site development plan;

f.

That increased open space is provided for the occupants of the proposed PUD and the general public, and desirable natural features indigenous to the site are preserved in the development plan presented.

3.

Binding nature and rezoning to PUD. The conditions, safeguards, and stipulations made at this time of rezoning to PUD shall be binding upon the applicant or any successors in interest. Deviations from approved plans or failure to comply with any requirement, condition, or safeguard shall constitute a violation of these zoning regulations.

The applicant for a planned unit development shall submit, within 12 months from the date of preliminary master plan approval, a final master plan covering all areas of the approved preliminary master plan. Failure to present the final master plan within the required 12-month period may, at the direction of the city council, result in a review by the planning commission to determine the appropriateness of the existing PUD zoning classification and the preliminary master plan.

Direction of the city council will be based on their evaluation of the causes of the failure to meet the deadline.

The final master plan shall include the following exhibits:

A.

A topographic map drawn to a scale of 100 feet to one inch by a registered surveyor and/or engineer showing:

1.

The location of existing right-of-way lines and pavement widths, building, water courses, transmission lines, sewers, bridges, culverts, drain pipes, water mains, fire hydrants, and any public easements.

2.

Wooded areas, streams, lakes, marshes, and any other physical conditions affecting the site. Mean high-water elevations must be indicated for each water body. One-hundred-year flood prone elevations must be clearly delineated throughout the site.

3.

Existing contours shown at a contour interval of one foot.

B.

A master land use plan drawn at a scale of 100 feet to one inch, or other appropriate scale as determined by the community development department and showing:

1.

The boundaries of the site and the proposed topography shown at five-foot intervals.

2.

Width, location, and names of surrounding streets.

3.

Proposed major streets and other vehicular and pedestrian circulation systems.

4.

Specific delineation of each residential use by type, including location, acreage, maximum density, anticipated number of units, and a clear parcel designation.

5.

The use, size, and location of each proposed non-residential land use area.

6.

Specific delineation, use, location, and size of each common open space and public and semi-public area. The amount of each open space type expressed as a percentage of the total site area.

C.

A site development plan including:

1.

An earthmoving concept plan indicating proposed terrain alterations. Areas to be cut shall be shaded and areas to be filled shall be crosshatched. The altered 100-year flood prone areas shall be delineated.

2.

A soils map and a detailed soils report based on the findings of a recognized professional soils expert. Depth of all muck and peat areas shall be identified.

D.

A transportation plan including:

1.

The layout of roads in the project, along with traffic controls, rights-of-way, and typical cross sections.

2.

The layout of bikeways and pedestrian ways with typical cross sections.

3.

An analysis of the area traffic impact.

4.

A traffic circulation plan detailing methods of handling high traffic-flow areas, such as, major entrances.

E.

A utility service plan including:

1.

Location, size, and specific delineation of sewage and/or water lines.

2.

Existing drainage and sewage lines.

3.

The disposition of sanitary waste and stormwater to include ultimate discharge or disposal.

4.

The source of potable water.

5.

Location and width of all major utility easements or rights-of-way.

6.

In some cases, it may be necessary to show plans for the special disposition of stormwater when it appears that said drainage could substantially harm a body of surface water.

7.

Any supporting documentation necessary to clearly establish the feasibility of the proposed water, sewage, and storm drainage concepts, including special safeguards to prevent public health hazards or environmental degradation.

F.

Electric utility plan including:

1.

Point of delivery, line extension, type of service, service voltage, main line switch amperes, maximum demand amperes, number and size of service entrance conductors, and meter location.

G.

A fire protection plan including:

1.

Water main size, type of pipe material, hydrant spacing, water plant pumping and storage capacities, minimum daily consumption (calculated) fire flow estimates.

2.

A statement of adequacy of fire protection service in compliance with all adopted fire protection standards in the city.

H.

A landscaping plan showing:

1.

Landscaped areas, including berms, fences, and buffers.

2.

Species, location, size and amount for each planting.

3.

Location, height, and material for walks, fences, walkways, and other manmade landscape features.

4.

Any special landscaped features, such as, but not limited to, manmade lakes, land sculpture, and waterfalls.

I.

A recreation concept plan including the location of major facilities by type and areas of use.

J.

Detailed economic justification studies showing the proposed service areas for commercial use.

K.

The substance of covenants, grants, easements, dedications, or other restrictions to be imposed on the use of the land, buildings, and structures, including proposed easements for public and private utilities.

L.

A completed summary of the PUD commitments, classification, and district description according to format provided by the community development department and executed by the mayor and the developer.

M.

A written outline and justification of any charges from the approved preliminary master plan.

N.

An aerial photograph of the site as it currently exists with a transparent overlay showing major roads and tracts.

After approval of the final master plan for a planned unit development by the city council, the developer must submit either a preliminary and final plat, according to the procedure outlined in the subdivision regulations, or must submit a site plan, according to article 3 of this chapter for all other areas, including residential, commercial, industrial, recreational, or any other area where structures or roads are to be constructed, or major terrain alterations are to be made. After review and final approval by the designated officials of either the final subdivision plat or site plan, the developer may request building permits for the approved section.

Any major or substantial change in the approved PUD, which affects the intent and character of the development, land use pattern, the location or dimensions of major streets, or similar substantial changes, shall be reviewed and approved by the city council upon receipt of the recommendation of the development review committee and the planning commission. If the requested changes are deemed to have a substantial effect on the adjacent property owners, residents of the PUD or the general public, or involves an increase in density, the city council shall cause a public hearing to be held prior to official action on said requested change. A request for a revision of the final master plan shall be supported by a written statement demonstrating the reasons the revisions are necessary or desirable. Minor changes which do not affect the intent or character of the development may be approved by the city manager or their designee.

If substantial development, as determined by the city council has not begun within three years after approval of the final master plan of the PUD, the approval of the planned unit development will be reviewed by the planning commission to determine the appropriateness of the planned unit development zoning classification for the subject property. The city council shall consider the recommendations of the development review committee and the planning commission and shall move to rezone the property to a more appropriate zoning classification or shall extend the deadline to undertaking construction. These procedures shall also be followed when such extended deadlines are not met.

Any unapproved deviation from the accepted final master plan or final section shall cause the city council to immediately revoke the final master plan or final section approval until such time as the deviations are corrected or revisions are approved by the city council.

The review process shall be initiated with the submittal of a certificate of appropriateness application to the city. The certificate of appropriateness application shall contain information on project costs, and, if applying for a tax exemption, a copy of the most recent tax bill for the subject property from the Osceola County Property Appraiser. Upon the receipt of the certificate of appropriateness application by the city, the city shall conduct a review for eligibility in accordance with the requirements stated herein.

A review of the certificate of appropriateness application shall be completed by the city in accordance with the established schedule and process. If the application may be reviewed by staff, a decision shall be rendered within ten working days of receipt of a complete application. Applications that require approval by the historic preservation board (HPB) will be scheduled for a public hearing within 60 calendar days of receipt of a complete application. The owner and applicant will be provided at least 30 days notice of the hearing date.

A.

Once the city determines that the work as proposed is a qualifying improvement and is in compliance with the review standards contained herein, the city shall approve the certificate of appropriateness application and issue a written notice to the applicant with a copy to the HPB.

B.

If the city determines that the work as proposed is not a qualifying improvement or is not in compliance with the review standards contained herein, a written notice shall be provided to the applicant, including recommendations concerning the changes to the proposed work necessary to make it a qualifying improvement to bring it into compliance with the review standards.

A.

Within ten days of receipt of notice that the city has denied a certificate of appropriateness application, the applicant may file a written notice of appeal of the denial to the HPB. The appeal shall be processed in accordance with the public meeting and notification procedures required of the city's quasi-judicial hearing process, except that public notices need only be mailed to owners of abutting or adjacent property as determined by the HPB.

B.

If the HPB denies the appeal, the applicant may appeal the action of the HPB to the city council.

A certificate of appropriateness shall be considered a prerequisite to the issuance of any other permits required. The issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other permits or approvals required by the city.

No certificate of occupancy or completion shall be issued by the city until the certificate of appropriateness application has been approved by either the HPB or city staff and all appeal proceedings have been completed.

An applicant must begin all work within two years following the date of approval of a certificate of appropriateness. A certificate of appropriateness application shall be automatically revoked if the property owner has not completed work within two years after commencement of the work.

The HPB, upon the recommendation of the city, may extend the time for completion of a substantial improvement in accordance with the procedures of the city's building code.

For projects that determined eligible for tax exemption:

A.

The request for review of completed work shall be accompanied by documentation of the total costs of the qualifying improvements. Appropriate documentation may include, but is not limited to, paid contractor's bills, cancelled checks, and an approved building permit application listing the cost of work to be performed. Upon the receipt of a request for review of completed work and all required supporting documents, the city shall inspect the completed improvements to ensure compliance with the certificate of appropriateness and any approved amendments.

B.

If the city determines that the work is a qualifying improvement and is in compliance with the review standards contained herein, the request for review of completed work shall be approved and forwarded to the HPB for review, and written notice shall be provided to the applicant.

C.

If the city determines that the work as completed is not in compliance with the certificate of appropriateness application or the established timeframe as described in this section, the applicant shall be given written explanation for such findings, including recommendations concerning the changes to the proposed work necessary to make it a qualifying improvement and bring it into compliance with the review standards. The application will be forwarded to the HPB for review once the applicant makes the adequate changes necessary for compliance, or upon receiving notice from the applicant that no further changes will be made to the project.

D.

Recommendations to HPB and city council. On completion of the review of a request for review of completed work, the city shall present such request at a regularly scheduled meeting of the HPB and recommend that the HPB grant or deny the exemption. The recommendation and explanation shall be provided in writing to the applicant and HPB for consideration at a public meeting. The application, along with a recommendation of approval or denial, shall subsequently be forwarded by the HPB to the city council for final consideration.

E.

Approval by the city council. Upon approval of a request for review of completed work by the HPB, the request shall be placed on the consent agenda of the city council for approval. The information on the consent agenda to approve the request shall indicate the property owner, property address and legal description, time period that the tax exemption will remain in effect, and expiration date, and shall require the owner to record the restrictive covenant in the Official Record Book of Osceola County. The applicant shall provide the city with two certified copies of the recorded covenant.

F.

Notice of approval to the property appraiser. The city shall transmit the following certified copies to the Osceola County Property Appraiser:

1.

Recorded restrictive covenant;

2.

Approved request for review of completed work; and

3.

The resolution of the city council approving the request and authorizing the tax exemption.

G.

Effective date and duration of tax exemption. When the city council approves a historic preservation tax exemption, the covenant shall be in effect for ten years; however, the city council has the discretion to approve a shorter time frame if petitioned by the property owner. The effective date of the exemption shall be January 1 of the following year from when the covenant and resolution are recorded with the Osceola County Clerk of the Court.

H.

Property maintenance, penalty, and revocation. The character of the property and qualifying improvements are to be maintained during the period that the exemption is granted. Such covenant shall be binding on the current property owner, transferees, and their heirs, assigns and successors. A violation of the covenant shall result in the revocation of the granted tax exemption, and the property owner being subject to the payment of taxes that would have been owed had the exemption not been initially granted. The revocation process shall occur as follows:

1.

Revocation proceedings.

a.

The HPB may initiate proceedings to revoke the ad valorem tax exemption provided herein, in the event the applicant, or subsequent owner or successors in interest to the property, fails to maintain the property according to the terms and conditions of the covenant;

b.

The HPB shall provide notice to the current owner of record of the property and hold a revocation public hearing, and make a recommendation to the city council;

c.

The city council shall review the recommendation of the HPB and make a determination as to whether the tax exemption shall be revoked. Should the city council determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided herein shall be provided to the owner, to the Osceola County Property Appraiser, and filed in the official records of Osceola County;

d.

Upon receipt of the resolution revoking the tax exemption, the Osceola County Property Appraiser shall discontinue the tax exemption on the property as of January 1 of the year following receipt of the notice of revocation.

2.

Notice of penalties. The resolution revoking the tax exemption shall include a statement that a penalty equal to the total amount of taxes that would have been due in March of each of the previous years in which the tax exemption and covenant were in effect had the property not received the exemption, less the amount of taxes actually paid in those years, plus interest on the difference calculated as provided in F.S. § 212.12 shall be imposed by the Osceola County Tax Collector for violation of the terms, conditions and standards of the historic preservation exemption covenant.

I.

Annual report. The HPB shall prepare an annual report to the city council regarding the tax exemption proposed in this section. The report shall be filed in January of each calendar year, and shall summarize the activities of the city and the HPB related to this section during the previous calendar year. The information shall include, but not be limited to, a list of the properties for which a Part 1, "Evaluation of Property Eligibility," a Part 2, "Description of Improvements," and Part 3, "Request for Review of Completed Work" were made during the preceding year; an explanation of the disposition of each application; the expenditures on each approved qualifying improvement during the calendar year; the total number of properties currently participating in the program provided within this section; and any other information requested by the city council.

Unless otherwise exempted in section 4.8.2.A, activities involving landscaping shall be authorized by the city as follows:

A.

Tree removal permit.

1.

Permits for removal, relocation or replacement of trees covered herein shall be obtained by making application to the city manager or his/her designee.

2.

Upon receipt of proper application, the city manager or his or her designee shall review said application, which may include a field check of the site and referral of the application for recommendations to other appropriate administrative departments or agencies. Applicants shall supply the necessary quantities of approved flagging to identify all trees that are to remain.

B.

Utilities. Any telephone or other public utility firm or corporation wishes to extend, maintain or relocate service such that any tree on an unimproved lot or tract will be removed, they shall make application for a permit to do so. Any public utility wishing to prune trees on a right-of way shall notify the parks and recreation department in writing in advance of the time and place these pruning activities will take place. The parks and recreation department shall supervise these activities as necessary and shall have the authority to regulate or halt pruning when these actions are deemed detrimental to the trees or beyond that needed to ensure continued utility service.

C.

Irrigation permit. Permits for installation or alteration of potable or reclaim irrigation systems shall be obtained by making application to the city manager or his/her designee.

A.

Tree removal/mitigation plan. Each application for a permit to remove, relocate or replace trees covered herein shall be accompanied by a written statement indicating the reasons for the requested action and two copies of a legible site plan drawn to the largest practicable scale indicating the following:

1.

Location of all existing or proposed structures, improvements and site uses, properly dimensioned in reference to property lines, setback and yard requirements in spatial relationship;

2.

Proposed changes, if any, in site elevations, grades and major contours;

3.

Location of existing or proposed utility services;

4.

Location and identification of all trees (common or botanical name) which are a minimum of four inches in diameter measured four and one-half feet above the ground on the site within 30 feet of the buildable area, designating the trees to be retained, altered, removed, relocated or replaced. Smaller trees to be retained may also be shown by the applicant to assist the city manager or his or her designee in determining replacement requirements. Groups of trees in close proximity may be designated as "clumps," "forests," or "dense tree cover" with the estimated number and type of trees noted. Only those trees to be removed, altered, relocated or replaced must be named (common or botanical name) on the site plan;

5.

Tree information required above shall be summarized in legible form on the plan and shall include the reason for the proposed alteration, removal, relocation or replacement;

6.

Replacement tree species and minimum size requirements shall be per this article herein;

7.

Applications involving developed properties may be based on drawings showing only that portion of the site directly involved and adjacent structures and landscaping on natural growth incidental thereto; and

8.

For trees that are to be saved or retained, each application should contain a statement of how these tree areas are to be protected during construction and landscape operations.

B.

Landscape plan for SDP (article 3) submittal. Landscape plans shall be prepared by a qualified professional with knowledge of the natural systems of the region such as a landscape architect or horticulturalist as follows:

1.

For new development other than single-family and two-family dwellings on individual lots, of sites up to ½-acre in size, the qualified professional can be an engineer, architect or landscape architect registered in the State of Florida or any nurseryman, nursery stock dealer, or agent as defined by F.S. ch. 581, who is required under chapter 581 to hold a valid license issued by the division of plant industry of the department of agriculture and consumer services and who does hold a valid license to engage in the selling of nursery stock in the State of Florida, insofar as he engages in preparation of plans or drawings as an adjunct to merchandising his product.

2.

For new development over ½-acre in size, the landscape plan shall be prepared by a landscape architect registered in the State of Florida. Where applicable, irrigation plans for any permanent or temporary irrigation shall be included in all landscape plans in accordance with the requirements of this article and chapter 8, article 4 of this LDC.

C.

Irrigation plan. The irrigation plan shall be prepared by a qualified professional with knowledge of irrigation systems as well as plant moisture requirements for this region such as a landscape architect or certified irrigation specialty contractor.

Where applicable, irrigation plans for any permanent or temporary irrigation shall include the landscape plans to demonstrate compliance with the requirements of this article.

D.

Record drawing.

1.

No final certificate of completion for an SDP shall be issued until the city has granted final approval and acceptance of the installed landscape as well as the protection of existing native vegetation. Final approval shall include as-built landscape plan/certification from a registered professional certifying that the landscaping is installed and functioning as intended, that prohibited and discouraged non-native vegetation has been removed, and that all applicable provisions of this article and chapter 4, article 8 of this LDC have been met.

2.

Landscape may be installed in phases, which coincide with infrastructure improvements on the site, if approved by the city manager or his or her designee prior to certificate of completion. Removal of invasive and noxious species as specified on the FLEPPC as a category 1 designation shall be conducted prior to certificate of completion and maintained invasive free in perpetuity.

3.

Failure to install or maintain landscaping according to the terms of this article or any approved plan shall constitute a violation of this article and subject to the remedies and penalties set forth in section 4.8.13.

A.

All events held within the district require an entertainment district event permit in accordance with the provisions of this article and section 3.13.3, unless expressly exempted. No event organizer required by this article to obtain an entertainment district event permit shall advertise, engage in, participate in, aid, form, or start any special event prior to obtaining an entertainment district event permit from the City of St. Cloud.

B.

Re-occurring event's organizers are to renew permitting documentation after a calendar year since permit approval have passed or 12 re-occurrences of the event have taken place, whichever comes first.

C.

Any changes to the original permit application are subject to a new application process and its payment of its associated fees as established by section 2.9.2.C fees of this article.

D.

The city manager or his/her designee shall review the application and provide approval or denial. City departments have the opportunity to comment on the application and provide their recommendation to the city manager or his/her designee.

E.

The City of St. Cloud, including all departments within, is exempt from the entertainment district event permit process.

F.

The issuance of an entertainment district event permit by the City of St. Cloud shall not relieve any person from the duty to secure any other permits or approvals as may be required by the city's Code of Ordinances to include, but not be limited to, a business tax receipt, street closure authorization, or other permits/authorizations.

A.

Filing period. A complete application with all required documents for a special event permit shall be filed with the city manager or his/her designee not more than 180 days before, and not less than 45 calendar days before the date and time at which it is proposed to commence the event. The city manager may waive the minimum 45-day filing period and accept an application filed within a shorter period if after due consideration of the date, time, place, and nature of the event, the anticipated number of participants, and the necessity for an amount of city services that will be required in connection therewith, and that the City of St. Cloud or designee determines that such waiver will not present a hazard to the public safety because of the reduced amount of time available to fully process the application.

B.

Contents. The application shall, at a minimum, state the following:

1.

The name of the event organizer, sponsor or responsible person or entity.

2.

The mailing address, email address, and telephone number of the event organizer, sponsor or responsible person or entity.

3.

If the event is to be conducted for, on behalf of, or by an organization, the name, address, and telephone number of the headquarters of the organization and of the authorized and responsible heads of such organization.

4.

The specific location(s) of the proposed event.

5.

The date of the event and the hours of operation.

6.

The approximate number of spectators and/or participants present or participating in the event.

7.

A designation of any public facilities or equipment proposed to be utilized.

8.

State permit if state roadway is to be used.

9.

Proof of general liability insurance, with the City of St. Cloud named as an additional insured if the event is held on public or city-owned property.

10.

A security plan with the name of the company providing staffing, including certified crowd managers (if applicable), for the event. A predetermined manpower allocation table shall be used as a guideline in order to determine how many officers with arrest powers will be assigned to the event (if any). The chief of police or designee may adjust the requirement of officers with arrest powers as he/she determines necessary.

11.

A site plan, which shall show at a minimum the following:

a.

The dimensions and locations of all permanent and proposed temporary structures to be located on the property. Should any temporary structures be required for the event, the applicants will be responsible for obtaining all necessary building permits and meeting all requirements of applicable building and fire codes;

b.

Ingress and egress locations; access to the site must not impede normal traffic flow on adjacent roadways;

c.

The capacity and location of restroom facilities (either permanent or temporary) sufficient to meet the anticipated demand at the event;

d.

Adequate provision for solid waste collection and disposal;

e.

A parking plan with all on-site and overflow parking (if necessary) and proposed traffic flow, in addition to any necessary traffic control devices at the special event location.

12.

A certificate of good standing certifying that the event organizer is authorized to do business in Florida if the event organizer is a corporation or limited liability company or some other business entity required to be registered with the department of state.

13.

Copies of all fliers, handbills, newspaper advertisements and other advertising that the event organizer anticipates using to promote or advertise the special event.

14.

Written proof of permission from the owner of the regulated property for the use of aid property by the event organizer for the special event. The owner shall be required to sign the application and agree to any conditions placed on the special event by the city. If the owner of the property is the city, or the property is public property, this term shall not be required.

15.

Copies of all required federal, state, and local business or regulatory licenses required to be held by the event organizer.

16.

Any other documentation or information that city staff or the city council, upon appeal, determines to be reasonably necessary to properly evaluate the application.

C.

Fees. A non-refundable application fee as approved by resolution of the city council shall be paid to the City of St. Cloud at the time the application is filed.

It is the intent of this article to ensure that public facilities and services needed to support development shall be available concurrent with the impacts of such development.

This article sets forth criteria for assessment of development impact and guidelines to ensure that the adopted level of service standards (found in the city's comprehensive plan) required for roads, potable water, sanitary sewer, solid waste, drainage, and parks and recreation.

The city shall determine, prior to the issuance of development orders, whether or not there is sufficient capacity of public facilities to meet the standards for levels of service for existing development and the proposed development, concurrent with the impacts of the proposed development.

In no case shall the city issue a development order to a proposed development until there is sufficient capacity of public facilities to meet the adopted level of service standards for existing development and the proposed development. Such sufficiency shall be based on the guidelines, standards, and procedures set forth in this article.

All final development orders issued on or after June 30, 1991, are required to be assessed for concurrency. Prior to the issuance of a final development order, the developer/applicant must obtain a certificate of capacity.

For purposes of this section, final development orders are considered to be:

•

Final subdivision plat approval for single-family or duplex subdivisions and residential planned unit developments, including residentially zoned areas of the city grid; and

•

Site plan approval or building permit for commercial, industrial, or multifamily projects.

There are four possible scenarios related to vested rights and concurrency (i.e., capacity availability) as described by the following table:

Notes relating to above table:

a)

Property is vested for development and capacity is available: Capacity will be reserved because it is available.

b)

Property is not vested for development, but capacity is available: Capacity will be reserved because it is available.

c)

Property is vested for development but capacity is not available, or is not sufficient: Available capacity is reserved with a "lien" on future capacity until capacity catches up with demand. Any and all previously issued development orders have priority over any new development orders for future capacity.

d)

Property is not vested for development and capacity is not available: Capacity is not reserved.

A.

Development orders issued prior to June 30, 1991, and vested for development rights. Final development orders issued prior to June 30, 1991, are determined to be vested for concurrency for the following time periods:

1.

Final subdivision approval for single-family or duplex subdivisions and residential planned unit developments (PUD), including residentially zoned areas of the city grid, are entirely vested and individual building lots in these subdivisions and the city grid do not need to undergo a concurrency test at the time of application for a building permit, unless:

a.

There is a change in the zoning classification or land use for the land;

b.

There is a major alteration to the subdivision resulting in an increase in the number of buildable lots;

c.

Improvements which have been bonded to serve the approved subdivision or PUD have not been installed and the performance bond for said improvements expires; or

d.

In cases where no performance bond has been posted and improvements are not completed, substantial construction activity has not occurred within one year of the date of issuance of the final subdivision approval.

2.

Site plan approval for commercial, industrial, or multifamily projects are vested for one year from June 30, 1991, for traffic circulation, potable water, solid waste, drainage, and recreation/open space; and for 180 days from June 30, 1991, or one year from the receipt of payment of full sewer impact fee for the project.

3.

Land zoned for multifamily residential uses and where all services have been constructed and approved, or when said improvements have been bonded, as of June 30, 1991, are vested for one year from June 30, 1991, for traffic circulation, potable water, solid waste, drainage, and recreation/open space; and for 180 days from June 30, 1991, or one year from the receipt of payment of full sewer impact fee based on the maximum buildout of the land parcel.

4.

Additional time may be granted by the city council, following application of extension and appeal to the time periods noted in subsections (a), (b) and (c) above. The city council shall extend and set additional time periods for vested rights at formal public hearing and after formal recommendation of the city planning commission. Any additional time allowance for vested rights shall be based on the following criteria:

a.

Good faith reliance on an act or omission of the city;

b.

Substantial expenditures or obligations subsequent to reliance on an act or omission of the city; and

c.

Highly inequitable to deny development (i.e., private hardship outweighs the public hardship).

5.

In addition, final development orders issued prior to June 30, 1991, shall be vested for the time periods noted above provided that:

a.

The original development order, or a formal extension of said development order, has not expired; or

b.

Development activity, excluding single-family or duplex development, has occurred on site prior to expiration of the original development order and substantial construction activity has occurred within one year of the issuance of the final development order; and

c.

A certificate of occupancy is issued and/or site improvements have been accepted by the city engineer.

2.

Once a certificate of occupancy is issued for commercial, industrial, or multifamily development, those completed structures shall be entirely vested.

B.

Exemptions from concurrency test. Certain development causes no added impacts on facilities, and therefore can be considered exempt from concurrency and the requirement to undergo a concurrency test.

The following development orders or permits are considered exempt from concurrency:

1.

Room additions (including screen rooms) to a residence;

2.

Accessory structure to a residence;

3.

Amenities: swimming pools, fences, walls, and signs;

4.

Replacement structures which have no difference in impact on public facilities;

5.

Utility stations and substations (e.g., microwave stations, electric utility transformer stations, lift stations);

6.

Use permits or right-of-way permits;

7.

Completion or finishing permits if the shell permit was vested or tested for concurrency (e.g., obtained certificate of capacity); or

8.

Any other development that generates no impact on public facilities.

C.

Concurrency test requirements. For development that requires one or more public facilities which are provided by entities other than the city, the city shall condition the issuance of any final development order for the same parcel on the availability of such public facilities (see section 2.11.7.G).

A.

The actual concurrency test is a determination of the capacity of public facilities needed by each applicant, and a comparison of the needed amount of capacity to the capacity that is actually available. If the capacity available is equal to or greater than the capacity needed, the concurrency test is passed, and a certificate of capacity is issued and recorded. If the capacity available is less than the capacity needed, the concurrency test is failed.

B.

The applicant may choose to undergo a concurrency test, at either the time of, or prior to, application of a preliminary development order, or at the time of application for a final development order. For purposes of determining whether a development order is preliminary or final, the following table is to be used.

1.

An applicant for a preliminary development order may select either of two options related to the concurrency test:

a.

Voluntarily request a concurrency test at the time of, or prior to, preliminary development order application, and pay all associated fees to reserve capacity; or

b.

Defer the concurrency test until a final development order review, and sign an affidavit acknowledging that future rights to develop the property are subject to the future concurrency test, and without such a test, no vested rights have been granted by the city or acquired by the applicant.

2.

All applications for a concurrency test shall include the following:

a.

Name of project;

b.

Name, address, and telephone number of the applicant and the agent and the firm which they represent;

c.

Statement of intended use of the site;

d.

Existing land use classification and zoning of the site;

e.

Legal description of the property and size of the parcel in acres or square feet;

f.

Number of dwelling units and/or building lots and the density of the project for multifamily site plans;

g.

If applicable, a phasing plan specifying the number of units per phase and estimated dates of commencement of construction and buildout of phases;

h.

Square footage for proposed development (i.e., gross square footage, non-storage area, square footage of each story, gross square footage of sales area, etc.); and

i.

Any other information required by the community development department in order to adequately determine the impacts of the proposed development on public facilities.

3.

All applications are on a first come, first serve basis, and if capacity is available, that capacity shall be encumbered (for time periods set forth herein) until a final development order and a certificate of capacity is issued. Some public facilities may require that encumbered capacity be ensured through payment of fees as set forth and authorized in section 2.11.6 of these regulations.

4.

All concurrency test applications are required to pay a fee to process the concurrency test and provide a concurrency determination. The schedule of fees are set forth and authorized in section 2.11.6 of these regulations.

C.

Predevelopment order application concurrency test review.

1.

Prior to submittal of an application for a preliminary development order, the applicant may apply for a concurrency test and capacity determination. All applicable fees for a concurrency test must be paid.

2.

Within five days of the receipt of the application, the city shall notify the applicant of the need for additional information and/or fees to process the concurrency test.

3.

The city shall schedule the concurrency test for review by and action of the city's development review committee (DRC) no earlier than 14 days from the date of receipt of the complete application, nor later than 30 days from the date of receipt of the complete application.

4.

The development review committee may continue action of the application until the next development review committee meeting, but no longer than 14 days, for any of the following reasons:

a.

Reasonable doubt to the accuracy of the determination, and/or a need for a recalculation of the impacts on the facility capacity;

b.

Inadequate information to make a determination; or

c.

A member charged with authority over the public facility has not provided information regarding the impacts on the facility capacity.

5.

The city's development review committee shall review and act on the request for capacity by recommending the concurrency test be:

a.

Passed and a certificate of capacity be issued;

b.

Failed and a certificate of capacity not be issued; or

c.

Passed for public facilities which have capacity, and failed for public facilities which do not have capacity with recommendations for:

(1)

The applicant to amend his application to "balance" it with available capacity;

(2)

The applicant to withdraw the application and resubmit at a later date; or

(3)

The applicant to develop alternatives for providing the facilities to eliminate the insufficiency.

6.

Any and all public facilities which pass the concurrency test shall be encumbered and said encumbrance shall remain provided the application continues for final development in the time periods specified in these regulations.

7.

Facility capacities encumbered, and passed, by a predevelopment order application concurrency test review, shall expire within 60 days of the action of the development review committee unless a preliminary development order application is made. If the preliminary development order application is not made, any encumbered capacity shall be returned to the capacity pool and made available to other applicants.

D.

Preliminary development order application concurrency test review.

1.

If the concurrency test has not been made through procedures identified in section 2.11.3.C above, the applicant for a preliminary development order may:

a.

Voluntarily request a concurrency test at the time of, or prior to, preliminary development order application, and pay all associated fees to reserve capacity; or

b.

Defer the concurrency test until a final development order review, and sign an affidavit acknowledging that future rights to develop the property are subject to the future concurrency test, and without such a test, no vested rights have been granted by the city or acquired by the applicant.

2.

If the applicant chooses to apply for a concurrency test at the time of application for a preliminary development order, all fees established for processing the concurrency test shall be paid prior to processing the preliminary development order.

3.

The concurrency test shall be processed concurrently with the application for a preliminary development order. The city's development review committee shall review and act on the request for capacity by recommending the concurrency test be:

a.

Passed and a certificate of capacity be issued;

b.

Failed and a certificate of capacity not be issued; or

c.

Passed for public facilities which have capacity, and failed for public facilities which do not have capacity with recommendations for:

(1)

The applicant to amend his application to "balance" it with available capacity;

(2)

The applicant to withdraw the application and resubmit at a later date; or

(3)

The applicant to develop alternatives for providing the facilities to eliminate the insufficiency.

4.

The city manager, or designee, shall, at the time of approval of the preliminary development order, issue a certificate of capacity and public facility capacity shall be reserved for the development in the amounts stated in the certificate. If the preliminary development order is not issued, the applicant may appeal the decision and the public facility capacity shall remain encumbered until the results of the appeal are finalized.

5.

Any and all public facilities which are included in the certificate of capacity shall be reserved and said reservation shall remain in effect provided the application continues for final development in the time periods specified in these regulations, and all fees for reservation of capacity are paid as authorized in section 2.11.6 of these regulations.

6.

The certificate of capacity shall expire with the expiration of the preliminary development order or within one year of the date of issuance of the preliminary development order, whichever is less; unless a final development order application is made. If the final development order application is not made, any reserved capacity shall be returned to the capacity pool and made available to other applicants.

7.

Capacity certificates will be extended under the same terms and conditions as the underlying development order. If a development order for which capacity was reserved is granted an extension, the capacity reservation is also extended. If an applicant does not request an extension, or the requested extension is denied and the development order expires, the certificate of capacity will also expire, and the reserved capacity will be returned to the available capacity pool.

8.

No specific time limits will be placed on encumbrances as they will only last as long as the review process (i.e., until the final disposition of the application for the underlying development order). However, if issuance of the development order is not granted within six months of the date of application, the encumbrance will be returned to the capacity pool and made available to other applicants. Appeals to this six-month time period may be made following procedures outlined in section 2.11.5 of these regulations.

E.

Final development order application concurrency test review.

1.

If the concurrency test has not been made through procedures identified in section 2.11.3.C or 2.3.11.D above, the applicant for a final development order shall apply for, and undergo, a concurrency test. All fees established for processing the concurrency test shall be paid prior to processing the final development order.

2.

The concurrency test shall be processed concurrently with the application for a final development order. The city's development review committee shall review and act on the request for capacity by recommending the concurrency test be:

a.

Passed and a certificate of capacity be issued;

b.

Failed and a certificate of capacity not be issued; or

c.

Passed for public facilities which have capacity, and failed for public facilities which do not have capacity with recommendations for:

(1)

The applicant to amend his application to "balance" it with available capacity;

(2)

The applicant to withdraw the application and resubmit at a later date; or

(3)

The applicant to develop alternatives for providing the facilities to eliminate the insufficiency.

3.

The city manager, or designee, shall, at the time of approval of the final development order, issue a certificate of capacity and public facility capacity shall be reserved for the development in the amounts stated in the certificate. If the final development order is not issued, the applicant may appeal the decision and the public facility capacity shall remain encumbered until the results of the appeal are finalized. The ensure capacity reservation, all fees for reservation of capacity shall be paid as authorized in section 2.11.6 of these regulations.

4.

Capacity certificates will be extended under the same terms and conditions as the underlying development order. If a development order for which capacity was reserved is granted an extension, the capacity reservation is also extended. If an applicant does not request an extension, or the requested extension is denied, and the development order expires, the certificate of capacity will also expire and the reserved capacity will be returned to the available capacity pool.

5.

No specific time limits will be placed on encumbrances as they will only last as long as the review process (i.e., until the final disposition of the application for the underlying development order). However, if issuance of the development order is not granted within six months of the date of application the encumbrance will be returned to the capacity pool and made available to other applicants. Appeals to this six-month time period may be made following procedures outlined in section 2.11.5 of these regulations.

F.

Nonbinding capacity test. If requested by an applicant, the city shall provide an informal, nonbinding capacity test. The purpose of this nonbinding test is to identify areas of potential deficiency for a proposed project.

The certificate of capacity runs with and is tied to the final development order, or a formal extension of said development order, and expires with said development order unless:

A.

Development activity has occurred on site prior to expiration of the final development order and substantial construction activity has occurred within one year of the issuance of the final development order; or

B.

A certificate of occupancy is issued and/or site improvements have been accepted by the city engineer.

1.

For commercial, industrial, or multifamily site plans and/or building permits, capacity assignment is verified and the project is vested for concurrency when a certificate of occupancy is issued.

2.

For single-family and duplex subdivisions, the subdivision's capacity assignment is verified and the project is vested for concurrency when all site improvements have been accepted by the city engineer. The subdivision shall retain concurrency vested rights for all lots in the subdivision providing:

a.

The first building permit is issued within one year of the completion and acceptance of site improvements;

b.

Thirty-three percent of all allowable building permits are issued within two years of the completion and acceptance of site improvements;

c.

Sixty-six percent of all allowable building permits are issued within three years of the completion and acceptance of site improvements; and

d.

All allowable building permits are issued within four years of the completion and acceptance of site improvements.

3.

Building lots which have not been issued building permits within the time periods noted above will lose their concurrency vested right status and are required to undergo a separate concurrency test prior to issuance of a building permit.

A.

An applicant may appeal a denial based on capacity determination on four grounds:

1.

A technical error;

2.

The applicant provides alternative data which has been rejected by the city;

3.

The developer provides evidence which demonstrates that the development proposed will not produce level of service (LOS) inadequacies below the existing LOS standard or due to an error in the concurrency test process; or

4.

Unwarranted delay in review that allowed capacity to be given to another applicant.

B.

If any capacity was encumbered prior to an appeal, it will remain encumbered during the appeal process.

C.

The appeal process shall begin with the city council, and from there progress to a hearing officer and then to the courts.

D.

If an applicant is denied a development order on concurrency grounds, they may resubmit the same application at any time upon payment of the concurrency test processing fees.

A.

The city council hereby establishes that all concurrency test applications shall be levied a fee or charge. It is the intent that the city not be required to bear any part of the cost of a concurrency test and that the fees and costs involved in the processing of applications shall be borne by the applicant.

B.

In addition, the city council may require that applicants for a certificate of capacity pay fees and charges to reserve their share of a public facility. These fees and charges may include payment of impact fees, connection charges, etc.

C.

The fees and charges shall be authorized from time to time by resolution of the city council. The schedule of fees and charges shall be posted in the offices of the city manager or their designee.

The following procedures are guidelines to be used in a concurrency test. Actual circumstances of a development (i.e., internal capture, special generator, use of water reuse systems, etc.) may alter these guidelines in the determination of concurrency.

A.

Roads and traffic circulation.

1.

Peak hour generation/attraction shall be used in the determination of capacity for roadways. The development's peak hour impact shall be based on the development's total impacts during the P.M. peak hour of the adjacent street. The peak hour volumes published in the latest edition of the publication entitled Trip Generation, published by the Institute of Transportation Engineers, shall be used to determine the development's peak hour impacts.

2.

Only affected roadways within the city's network will be used in the concurrency test. If the development's impacts force an affected roadway below an adopted level of service (LOS), the concurrency test is failed. Provisions for issuance of a certificate of concurrency on roadways which are programmed for improvement are found later in this regulation.

3.

To determine a development's impact on the city's roadway network, the following procedures shall be used:

a.

For projects generating/attracting over 3,000 average daily trips (ADTs), an FSUTMS transportations model run is required, city staff may defer the execution of the model run if:

(1)

The development's generator/attractor parameters (i.e., socio-economic data) does not exceed the socio-economic estimates for the development's attendant traffic zones used in modeling the city's future network; or

(2)

A model run is untimely because of:

(a)

Lack of data to calibrate the present year; and/or

(b)

Capital budget process, proposing additions/improvements to the city's road network, is not complete.

b.

For projects generating/attracting between 150 and 3,000 ADTs, the publications Quick-Response Urban Travel Estimation Techniques and Transferable Parameters, Transportation Research Board, 1978, and Site Impact Traffic Evaluation Handbook, Federal Highway Administration, January 1985, shall be used as guidelines for a "table top" analysis of the proposed development's impact on the city's roadway network, city staff may defer the execution of the "table top" analysis if the development's generator/attractor parameters (i.e., socio-economic data) does not exceed the socio-economic estimates for the development's attendant traffic zones used in modeling the city's future network.

c.

For projects generating/attracting less than 150 ADTs, only those roadways within a one-half mile radius of the proposed development's entrance shall be assessed for concurrency. This "minimum impact standard" is based on the assumption that such small development has a minimal impact on the city's network beyond one-half mile of the development's entrance.

d.

Projects which attract or generate passerby trips (i.e., do not generate/attract new trip ends), or generate/attract trip ends of vehicle trips which have already been included, or vested, in the roadway capacity allocations, may be adjusted in the impact determination process to ensure vehicle trips are not "double counted" in roadway capacity reservation.

4.

The roadway/traffic circulation concurrency test shall be passed for a proposed development provided:

a.

All affected roadways have adequate peak hour capacity to serve the impacts of the proposed development;

b.

The development order is conditioned upon all affected roadways having adequate peak hour capacity prior to issuance of a certificate of occupancy or acceptance of site improvements; or

c.

Improvements to provide additional peak hour capacity to serve the impacts of the proposed development are under construction at the time of issuance of the final development order.

5.

In addition, the roadway/traffic circulation concurrency test may be passed for a proposed development provided:

a.

The necessary facilities and services are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities within one year of the issuance of the final development order;

b.

The necessary facilities and services are the subject of a binding executed contract which provides for the commencement of the actual construction of the required facilities within one year of the issuance of the final development order; or

c.

The necessary facilities are included in the city's five-year capital improvement program (CIP) and the necessary facilities are scheduled to commence construction in or before the third year of the five-year capital improvement program.

6.

All roadways which are under the jurisdiction of another local government or government agency may be required to be assessed through the concurrency management system adopted by that government or agency. However, the city shall conduct a concurrency test for all roads within the city limits, regardless of who has administrative responsibility. Development orders shall be conditioned on the actual completion of public facilities by other providers.

B.

Sanitary sewer.

1.

The level of service (LOS) as adopted in the city's comprehensive plan shall be used in the determination of capacity for sanitary sewer.

2.

If the development's impacts force the city's sanitary sewer system to operate above its adopted and permitted capacity (as identified in the support documentation for the sanitary sewer subelement of the city's comprehensive plan), the concurrency test is failed. Provisions for issuance of a certificate of concurrency when the concurrency test finds the development will force the system to operate above capacity are found later in this regulation.

3.

The land use designation of the property on which the proposed development is to be located shall be used in the calculation of sanitary sewer demand. The following formulas shall be used:

a.

Residential land uses.

Total Units × Adopted LOS = Sanitary Sewer Demand

b.

Commercial, professional, institutional, and industrial land uses.

Daily Flow × Adopted, or comparable, LOS standard = Sanitary Sewer Demand

Notes:

(1)

The daily flow shall be based upon the planned use and consistent flow provided in F.A.C. 64E-6.008 Table 1. If the use of the property is not specified, the applicant shall submit a sanitary sewer use estimate that is signed and sealed by a professional engineer and subject to approval by the city manager or his designee.

(2)

A comparable LOS standard is one which is calculated using the same assumptions as the adopted LOS standard. The assumptions for, and/or, the comparable LOS standard are those found in the support documentation for the sanitary sewer sub-element of the city's comprehensive plan.

c.

Mixed uses, planned unit developments, etc. Demand of Residential Uses as identified in subsection a above + Demand of Commercial, Professional, Institutional, and Industrial Land Uses as identified in subsection b above = Sanitary Sewer Demand

4.

The sanitary sewer concurrency test shall be passed for a proposed development provided:

a.

The necessary facilities are in place to serve the impacts of the proposed development;

b.

The final development order is issued subject to the condition that the necessary facilities will be in place prior to issuance of a certificate of occupancy or acceptance of site improvements;

c.

The necessary facilities are under construction at the time of issuance of the final development order; or

d.

The necessary facilities are guaranteed in an enforceable development agreement which requires and guarantees that the necessary facilities will be in place prior to issuance of a certificate of occupancy or acceptance of site improvements.

C.

Solid waste.

1.

The level of service (LOS) as adopted in the city's comprehensive plan shall be used in the determination of capacity for solid waste.

2.

If the development's impacts force the city's, or other provider's, solid waste system to operate above its adopted and permitted capacity (as identified in the support documentation for the solid waste subelement of the city's comprehensive plan), the concurrency test is failed. Provisions for issuance of a certificate of concurrency when the concurrency test finds the development will force the system to operate above capacity are found later in this regulation.

3.

The land use designation of the property on which the proposed development is to be located shall be used in the calculation of sanitary sewer demand. The following formulas shall be used:

a.

Residential land uses.

Total Units × Persons per household × Adopted LOS × Percent of Residential to Total Customers, if applicable

Notes:

(1)

Persons per household derived from the support documentation for the land use element of the city's comprehensive plan.

(2)

Percent of residential to total customers derived from the support documentation for the solid waste subelement of the city's comprehensive plan, or other methods determined by the city. The factor is used to allocate residential demand from total demand when the adopted LOS standard is based on population. For purposes of this section, the factor is assumed to be 0.90 or 90 percent unless justification is provided to prove otherwise.

b.

Commercial, professional, and institutional land uses.

Total Gross Square Footage/1,000 × Commercial ERUC Factor &times Adopted, or comparable, LOS standard

Notes:

(1)

The commercial ERUC factor is used to equate commercial uses with residential uses. For purposes of this section, the factor is assumed to be 0.50 or 50 percent unless justification is provided to prove otherwise.

(2)

A comparable LOS standard is one which is calculated using the same assumptions as the adopted LOS standard. The assumptions for, and/or, the comparable LOS standard are those found in the support documentation for the solid waste subelement of the city's comprehensive plan, or other methods determined by the city.

c.

Industrial land uses.

Total Gross Square Footage/1,000 × Industrial ERUC Factor × Adopted, or comparable, LOS standard

Notes:

(1)

The industrial ERUC factor is used to equate commercial uses with residential uses. For purposes of this section, the factor is assumed to be 0.30 or 30 percent unless justification is provided to prove otherwise.

(2)

A comparable LOS standard is one which is calculated using the same assumptions as the adopted LOS standard. The assumptions for, and/or, the comparable LOS standard are those found in the support documentation for the solid waste subelement of the city's comprehensive plan, or other methods determined by the city.

d.

Mixed use, planned unit developments, etc. Demand of residential uses as identified in subsection a above + Demand of Commercial Uses as identified in subsection b above + Demand of Industrial Uses as identified in subsection c above

4.

The solid waste concurrency test shall be passed for a proposed development provided:

a.

The necessary facilities are in place to serve the impacts of the proposed development;

b.

The final development order is issued subject to the condition that the necessary facilities will be in place prior to issuance of a certificate of occupancy or acceptance of site improvements;

c.

The necessary facilities are under construction at the time of issuance of the final development order; or

d.

The necessary facilities are guaranteed in an enforceable development agreement which requires and guarantees that the necessary facilities will be in place prior to issuance of a certificate of occupancy or acceptance of site improvements.

5.

All solid waste facilities which are under the jurisdiction of another local government or government agency may be required to be assessed through the concurrency management system adopted by that government or agency. However, the city shall conduct a concurrency test for solid waste regardless of who has administrative or legal responsibility for solid waste facilities. Development orders shall be conditioned on the actual completion of public facilities by other providers.

D.

Drainage.

1.

Two standards are used for the determination of concurrency for drainage. They are stormwater runoff quantity and quality.

2.

In most circumstances, new development is required to construct drainage facilities which meet the requirements of F.A.C. ch. 17-25, without exception or exemption. This requirement meets or exceeds the city's adopted level of service (LOS) for both quality and quantity and would allow the development to pass the concurrency test.

3.

In addition, and as required by the city engineer as a condition of development order approval, in order to pass a concurrency test a development may be required to make improvements to major drainage systems which are impacted by the development. These improvements are to be identified in the city's comprehensive plan and/or stormwater master plan. Improvements include, but are not limited to:

a.

Construction of, or improvement to, major basin outfall facilities; and/or

b.

Dedication of easements or rights-of-way for future improvements.

4.

In the area of redevelopment where an existing development generates stormwater runoff directly to the basin, with no on-site stormwater facilities, the following guidelines shall apply:

a.

If the identified outfall of the development/redevelopment meets the adopted LOS standard, then retrofit of the site to F.A.C. ch. 17-25 standards is not required.

b.

If the identified outfall of the development/redevelopment does not meet the adopted LOS standard, then:

(1)

Retrofit is not required if redevelopment does not change pre- and post-stormwater drainage directions; and

(2)

Retrofit is required for only that portion of storm runoff which exceeds the existing stormwater runoff amounts (the incremental increase only).

c.

For those sites where retrofit is impossible (i.e., central business district), and/or highly impractical (i.e., those built up areas of the city, original grid area, etc.) that are served by existing stormwater drainage system constructed prior to February 1, 1982, retrofitting will not be required.

d.

In all cases, redevelopment is urged to retrofit the site to meet or exceed the requirements of F.A.C. ch. 17-25, with no exceptions or exemptions.

E.

Potable water.

1.

The level of service (LOS), as adopted in the city's comprehensive plan, shall be used in the determination of capacity for potable water.

2.

If the development's impacts force the city's potable water system to operate above its adopted and permitted treatment capacity (as identified in the support documentation for the potable water subelement of the city's comprehensive plan), the concurrency test is failed. Provisions for issuance of a certificate of concurrency when the concurrency test finds the development will force the system to operate above its treatment capacity are found later in this regulation.

3.

The land use designation of the property on which the proposed development is to be located shall be used in the calculation of potable water demand. The following formulas shall be used:

a.

Residential land uses.

Total Units × Adopted LOS = Potable Water Demand

b.

Commercial, professional, institutional, and industrial land uses.

Daily Flow × 1.13 × Adopted, or comparable, LOS standard = Potable Water Demand

Notes:

(1)

The daily flow shall be based upon the planned use and consistent flow provided in F.A.C. 64E-6.008 Table 1. If the use of the property is not specified, the applicant shall submit a water use estimate that is signed and sealed by a professional engineer and subject to approval by the city manager or his designee.

(2)

A comparable LOS standard is one which is calculated using the same assumptions as the adopted LOS standard. The assumptions for, and/or, the comparable LOS standard are those found in the support documentation for the potable water sub-element of the city's comprehensive plan, or other methods determined by the city.

c.

Mixed use, planned unit developments, etc. Demand of Residential Uses as identified in subsection a above + Demand of Commercial, Professional, Institutional, and Industrial Land Uses as identified in subsection b above = Potable Water Demand

4.

The potable water concurrency test shall be passed for a proposed development provided:

a.

The necessary facilities are in place to serve the impacts of the proposed development;

b.

The final development order is issued subject to the condition that the necessary facilities will be in place prior to issuance of a certificate of occupancy or acceptance of site improvements;

c.

The necessary facilities are under construction at the time of issuance of the final development order; or

d.

The necessary facilities are guaranteed in an enforceable development agreement which requires and guarantees that the necessary facilities will be in place prior to issuance of a certificate of occupancy or acceptance of site improvements.

F.

Parks and recreation.

1.

Five standards, identified in the city's comprehensive plan, are used for determining concurrency for parks and recreation. These are:

a.

Location of the proposed development relative to a regional park facility;

b.

Location of the proposed development relative to a community park facility;

c.

Location of the proposed development relative to a neighborhood park facility;

d.

Population served by the neighborhood park facility; and

e.

Population served by recreation facilities.

2.

Only residential land uses are required to undergo a concurrency test for parks and recreation.

3.

For determining whether the proposed development meets the levels of service (LOS) for the location of a development of a regional, community, and neighborhood parks as adopted in the city's comprehensive plan, the distance from the nearest edge of the proposed development to the nearest edge of the nearest park facility shall be used. If the proposed development is located further than the adopted distance, the concurrency test is failed. Provisions for issuance of a certificate of concurrency when the concurrency test finds the development is beyond the adopted allowed distance are found later in this regulation.

4.

For determining whether the proposed development meets the adopted levels of service (LOS) for the population served by a neighborhood park and for recreational facilities, the existing population served by the park and all facilities plus any capacity certificates for developments which will be served by the park and all facilities, shall be used in determining whether the proposed development will exceed the level of service standard. Persons per household by land use type, as identified in the support documentation for the land use element of the city's comprehensive plan, shall be used to determine population, if the proposed development's population forces a recreational facility or neighborhood park need below the adopted level of service (LOS), the concurrency test is failed. Provisions for issuance of a certificate of concurrency when the concurrency test finds the development will adversely affect a level of service standard are found later in this regulation.

5.

The parks and recreation concurrency test shall be passed for a proposed development provided:

a.

The necessary facilities and parks are in place to serve the impacts of the proposed development;

b.

The final development order is issued subject to the condition that the necessary parks and facilities will be in place prior to issuance of a certificate of occupancy or acceptance of site improvements;

c.

The necessary facilities are under construction at the time of issuance of the final development order;

d.

The necessary parks are under procedures of acquisition at the time of issuance of the final development order; or

e.

The necessary facilities are guaranteed in an enforceable development agreement which requires and guarantees that the necessary facilities will be in place prior to issuance of a certificate of occupancy or acceptance of site improvements.

6.

In addition, the parks and recreation concurrency test may be passed for a proposed development provided:

a.

The necessary facilities and services are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities, or acquisition of the required park, within one year of the issuance of the final development order; or

b.

The necessary facilities and services are the subject if a binding executed contract which provides for the commencement of the actual construction of the required facilities or acquisition of the required park within one year of the issuance of the final development order.

AFFIDAVIT FOR DEFERRING A CONCURRENCY TEST
UNTIL A FINAL DEVELOPMENT ORDER

I,________, the Owner/Duly Authorized Agent of the Owner of certain real property described as: ________ have applied to the City of St. Cloud for approval of a preliminary development order to: ________ and hereby acknowledge that future rights to develop the above-mentioned property are subject to a concurrency test, and without such a test, no vested rights have been granted by the city, or acquired through the approval of the above mentioned preliminary development order; and therefore defer said concurrency test until application for a final development order.

IN WITNESS WHEREOF: The City of St. Cloud has caused this affidavit to be executed by its city manager, or his designee, on the _______ day of _______, 20___, and the applicant for a preliminary development order has executed the same at St. Cloud, Osceola County, Florida.

CITY OF ST. CLOUD

a Florida Municipal Corporation

STATE OF FLORIDA,

COUNTY OF OSCEOLA

I hereby certify that on the _______ day of _______, 20___, before me, _______, personally appeared to me, known to be the person described in and who executed the foregoing affidavit.

Notary Public, State of Florida at Large

My Commission Expires: _______

G.

Public school concurrency.

1.

It is the intent of this section to implement the goals, objectives, policies and standards of the city comprehensive plan, as amended, and particularly, the public school facilities element and to implement the "Interlocal Agreement between The Board of County Commissioners of Osceola County, Florida, the City of Kissimmee, the City of St. Cloud, and the School Board of Osceola County, Florida, Relating to School Concurrency and the Planning and Coordination of Public Schools" (hereinafter referred to the "agreement").

2.

Unless otherwise provided herein, this section shall apply to all development orders with any residential component and any amendment to an existing development order to the extent that the student generation is increased above what was previously approved, or any other official action of the city having the effect of permitting residential development of land. The following residential uses shall be considered exempt from the requirements of school concurrency (unless the development approval for such use required it to meet school concurrency):

a.

Single-family lots of record having received final plat approval prior to the effective date of the city's school concurrency ordinance or other lots which the city has determined are vested based on statutory or common law vesting.

b.

Multifamily residential developments having received final site plan approval prior to the effective date of the city's school concurrency ordinance or other multifamily residential development which the city has determined is vested based on statutory or common law vesting.

c.

Amendments to residential development approvals issued prior to the effective date of the city's school concurrency ordinance, which do not increase the number of residential units or change the type of residential units proposed or is subject to a covenant or deed related to long term age restrictions.

d.

De minimis developments not exceeding five dwelling units.

3.

To measure the capacity of school facilities, the Florida Department of Education (FDOE) Florida Inventory of School Houses (FISH) shall be used. School facilities shall not include portables or relocatables as permanent capacity for concurrency calculations. To ensure the capacity of schools is sufficient to support student growth at the adopted level of service for each year of the five-year planning period and through the long term planning period, the following level of service standard shall be established for all schools of each type of school:

a.

Elementary: 110 percent of permanent department of education FISH capacity.

b.

Middle: 110 percent of permanent department of education FISH capacity.

c.

High: 110 percent of permanent department of education FISH capacity.

d.

Magnet and school of choice: 110 percent of enrollment quota as established by the school board or court-ordered agreements and as adjusted by the school board annually.

e.

Other: K—8, sixth grade centers, ninth grade centers, 6—12 are at 110 percent of permanent department of education FISH capacity.

4.

The following procedures will be utilized to obtain a school concurrency determination from the county school board and to allow for mitigation if a development proposal is determined not to be in compliance.

5.

A completed application provided by and delivered to the county school board must be submitted concurrent with a final development order application by an applicant proposing residential development. The application at a minimum shall include the following information:

a.

Proposed development name.

b.

Application type.

c.

Intake date.

d.

Signature of agent.

e.

Number of residential units broken down by unit type.

f.

Property deed.

g.

Consent form.

h.

Phasing plan (if applicable).

i.

Site plan.

j.

Survey.

k.

Justification statement.

l.

Location map.

6.

Within three days of submitting to the school board, the applicant must present a copy of the application to the city. The city shall provide a determination of authenticity to the school board within three days of receiving the application.

7.

The school board shall review the application and base the concurrency determination on standards outlined in article 4 of the agreement.

8.

No final development order shall be approved unless a letter of determination of concurrency has been issued by the school board finding the development in compliance.

9.

Once the school board has reviewed the application it shall issue a letter of determination of concurrency within 30 days if the impact of the proposed developments on student growth does not cause the adopted level of service to be exceeded.

10.

If the development is not in compliance, the letter of determination of concurrency shall detail why the development is not in compliance and shall offer the applicant the opportunity to enter into a 90-day negotiation period in accordance with the provisions of article 5 of the agreement.

11.

During the 90-day negotiation period, the applicant shall meet with the school board in an effort to mitigate the impact from the development.

a.

Mitigation shall be limited to those options which the school board recognizes and assumes the responsibility to operate, and which will maintain the adopted level of service standards for the first five years from receipt of the school board's letter of determination of concurrency.

b.

The city shall have the opportunity to review the mitigation options.

c.

The city council shall approve all proportionate share agreements.

12.

If mitigation is not agreed to, the letter of determination of concurrency shall detail why mitigation proposals were rejected and detail why the development is not in compliance. In this case, no development order shall be issued.

13.

If the school board and the applicant agree to mitigation, the letter of determination of concurrency shall be issued based on the agreed mitigation measures and an agreement between the school board, the city and the applicant.

14.

A letter of determination for school concurrency, finding the development in compliance, issued by the school board shall be valid for one year from the date of issuance unless extended by the school board. Once the development order is issued, the concurrency determination shall run with the development order.

15.

If the letter of determination of concurrency requires conditions or mitigation to be placed on the development, the development order issued by the city shall incorporate conditions as set forth by the school board.

16.

If the letter of determination of concurrency requires the development to be phased to school construction or other mitigation, the conditions of approval of the development order shall reflect the phasing requirements by withholding subsequent development orders for building permits.

17.

In no case shall a development order be issued unless provisions are made through conditions of approval or by agreement between the school board, the city, and the applicant to provide performance security when required.

Transfer of development rights (TDR) approved by the city council is an economic development incentive to preserve environmentally sensitive lands within St. Cloud. The TDR program allows property owners of environmentally sensitive areas to benefit from the development potential by allowing the sale of the development rights.

A property approved by the city council for preservation that is preserved in its natural state and not developed, altered, or improved shall be eligible to transfer density or intensity credits for dwelling units or floor area ratio (FAR) as allowed by this section. TDR for designated sending properties may be transferred to abutting land in the same ownership, approved upland receiving properties, or property zoned for commercial purposes.

An application shall, at a minimum, include the following information:

A.

Certified survey.

B.

Site plan showing the geographical boundaries and location of the sending property.

C.

Applicable site data typically required for site plan approval.

D.

Any applicable fees.

The procedure to designate and transfer TDR credits shall be as follows:

A.

Staff review and recommendation. Application is reviewed by the planning and zoning department. A summary report is presented to the planning commission with a recommendation to approve, approve with conditions, or deny. The summary report shall include justification for the recommendation.

B.

Planning commission review. Upon receipt of the recommendation from the planning department, the planning commission shall conduct a public hearing on the application and shall recommend to the city council to approve, approve with conditions, or deny TDR credits. The planning commission shall fully state the justification for the recommendation in the motion for action.

1.

The planning commission may include a recommended condition that the applicant guarantees the maintenance of the sending property in the manner designated in the application. Such guarantee shall be by one of the following methods:

a.

Conveying fee simple title to the city, with the approval of the city;

b.

Execution and recordation of appropriate deed restrictions and covenants running with the land to provide for the preservation of the land as natural open space, which may not be amended or released without the consent of the city;

c.

Execution and recordation of an appropriate easement or easements or a 99-year lease, with the approval of the city, granting the city the exclusive use of the land for the purposes consistent with preservation as natural open space, which may not be amended or released without the consent of the city;

d.

Convey an interest (i.e., fee simple, lease, easement, or other acceptable means) to Osceola County, the State of Florida, or the Federal government or other entity committed to the preservation of the land. This option requires approval of the city council.

2.

The qualifying area on the sending property shall be a designated preservation district.

3.

TDR may be approved prior to a receiving property is identified.

4.

All documents, including those evidencing all title transfers, covenants, deed restrictions, easements and leases shall be in a form acceptable to and approved by the city attorney.

C.

City council review. Upon receipt of the recommendation from the planning and zoning department, and the planning commission, the city council shall conduct a public hearing to consider the application. The city council shall approve, approve with conditions, or deny TDR credits.

D.

Issuance of development rights certificate. Upon approval of the city council and compliance with any requirements, conditions and restrictions that may have been imposed, a development rights certificate indicating the number of units or amount of floor area ratio shall be issued by the city to the owner of the property occupied by the sending property. Once a development rights certificate is issued, the sending property shall not be developed. However, limited development intended to serve the public such as interpretive centers, nature trails, observation platforms, pavilions, fences, and similar improvements shall be permitted on the property if approved by the city council.

E.

Sale, transfer, or conveyance of development rights credits.

1.

An owner of development rights, who is properly registered as an owner with the city and who wishes to use the credits to transfer density or intensity to a parcel of land, shall make an application for such transfer and use of development rights in accordance with the zoning district and other city ordinances.

2.

The owner of the receiving property must have the approval of a site development plan by the development review committee before density or intensity credits may be used.

3.

The planning and zoning department shall maintain a record of all credits and sales.

In reviewing the application for credits, the planning and zoning department shall determine the amount of development potential existing on the site.

A.

On-site transfer of density credits. Transfer of density or intensity credits to abutting land shall be limited to one dwelling unit per acre in areas designated low density in the comprehensive plan, two units per acre in areas designated medium density residential or three units per acre in areas designated high density residential. Non-residential floor area ratio shall be limited to an addition of 0.05 FAR to the amount allowed on the site prior to the transfer.

B.

Off-site transfer of density credits. Density may be transferred off site at the same ratio as on-site density transfers.

A.

When density or intensity credits from a preservation district are transferred, up to 25 percent of the preservation district may be used to meet open green space requirements of the abutting development provided that the development is in the same ownership or control and is an integral part of the development;

B.

The density or intensity credit transferable from a preservation district shall not be calculated from any portion of the preservation district in a right-of-way or of that area used to meet minimum lot area requirements. No density or intensity credit shall be transferred from or to any property [that] is below the mean high water line, including submerged lands;

C.

Receiving properties shall be allowed to exceed the comprehensive plan and zoning density and/or intensity limitations of by the density and/or intensity transferred.

Development rights certificates do not expire. They may be sold immediately or can be retained for future sale. Sales of some credits can be made. It is not necessary to sell all rights to one entity.

A registry of development rights certificates shall be kept by the planning and zoning department.