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HomeMy WebLinkAbout4819 Amending Article I - Article X in the LDR City CodeOrdinance No. 2025-4819 An ordinance of the City Commission of the City of Sanford, Florida substantially and comprehensively revising, amending and reassigning the provisions of Article | - Legislative Authority, Land Use Zoning, And Review Procedures, Article I! (former Article V) - Subdivision And Plat Procedures; Article Ill - Standards And Procedures For Use And Development Approval; Article IV - Zoning Amendments And Planned Development Projects; Article V (former Article VIII) - Concurrency Procedures; Article Vi (former Article IX) - Development Agreements and Article Vil (former Article X) - Fees of the City of Sanford Code/Land Development Regulations (LDRs); providing for a savings provision; providing for conflicts; providing for severability; providing for codification and the correction of scrivener’s errors; and providing for an effective date. Whereas, _ the City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance; and Whereas, __ legislative coding is used in this Ordinance and the following coding may be used: underlined words shall constitute additions to the current text of the City Code, and strike threugks shall constitute deletions to current text of the City Code and “Drafter’s Notes” may be intermittently provided; however, that 2 exhibits are attached to this Ordinance the first of which is a legislatively coded version of the changes referred to in the title of this Ordinance, while the other is a non-legislatively coded version of the changes which reflects the revisions to the City Code provided for in this Ordinance with the second exhibit taking precedence over the first in the event of any conflict between the exhibits. Now, Therefore, Be it enacted by the People of the City of Sanford, Florida: Section1. Substantial Revision And Amendment Of Article | - Legislative Authority, Land Use Zoning, And Review Procedures, Article II (former Article V) - Subdivision And Plat Procedures; Article Ill - Standards And Procedures For Use And Development Approval; Article IV - Zoning Amendments And Planned Development Projects; Article V (former Article Vill) - Concurrency Procedures; Article VI (former Article IX) - Development Agreements and Article VII (former 1| Article X) - Fees of the City of Sanford City Code/Land Development Regulations; Legislative Intent; Exhibits. (a). |The City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the recitals to this Ordinance and the City staff report and City Commission agenda memorandum relating to this Ordinance. (b). Article | - Legislative Authority, Land Use Zoning, And Review Procedures, Article || (former Article V) - Subdivision And Plat Procedures; Article Ill - Standards And Procedures For Use And Development Approval; Article IV - Zoning Amendments And Planned Development Projects; Article V (former Article VIII) - Concurrency Procedures; Article VI (former Article IX) - Development Agreements and Article VII (former Article X) - Fees of the City of Sanford City Code/Land Development Regulations are substantially revised and amended to read as set forth in the attached exhibits which are incorporated herein by this reference thereto as if fully set forth herein verbatim. Section 2. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. Section 3. Severability. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. Section 4. Savings; Effect Of Ordinance. The prior actions of the City of Sanford in terms of the matters relating to any and 2 | all actions and activities of the City pertaining to the City's Land Development Regulations/Land Development Code, by whatever name, title of document or reference, or of an associated nature, to include, but not be limited to, any and all land development regulations annexations and vacate actions, are hereby ratified and affirmed. Section 5. Codification; Scrivener's Errors. (a). The sections, divisions and provisions of this Ordinance may be renumbered or re-lettered as deemed appropriate by the Code codifier. (b). | Typographical errors and other matters of a similar nature that do not affect the intent of this Ordinance, as determined by the City Clerk and City Attorney, may be corrected with the endorsement of the City Manager, or designee, without the need fora public hearing. (c). |The provisions of the exhibits this Ordinance, as directed in this Ordinance, shall be codified in the Land Development Regulations or the City Code as determined by the City’s Code codifier. Section 6. Effective Date. This Ordinance shall become effective immediately upon enactment. Passed and adopted this 24'" day of February, 2025. Attest: City Commission of the City of Sanford, Flori hill pein Cme_ [ ) MW /} // Traci Houcbin, MMC, FCRM AdwWosdrutfi J ” / // ity Clerk Loe Blempio,CMe, (x Appr d as to form and | Nila L. Colbert, City Aging wie nv) PACA oMno07— CITY OF k Qs isp SANE Y SANFORD FLORIDA Business Impact Estimate This form should be included in agenda packet for the item under which the proposed ordinance is to be considered, and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: An ordinance of the City Commission of the City of Sanford, Florida substantially and comprehensively revising, amending and reassigning the provisions of Article | - Legislative Authority, Land Use Zoning, And Review Procedures, Article Il (former Article V) - Subdivision And Plat Procedures; Article Ill - Standards And Procedures For Use And Development Approval; Article {V - Zoning Amendments And Planned Development Projects; Article V (former Article Vill) - Concurrency Procedures; Article VI (former Article 1X) - Development Agreements and Article VI! (former Article X) - Fees of the City of Sanford Code/Land Development Regulations (LDRs); providing for a savings provision; providing for conflicts; providing for severability; providing for codification and the correction of scrivener’s errors; and providing for an effective date. The City is of the view that the following exception(s) to the Business Impact Estimate requirement apply that are checked off in a box below apply to the above-referenced proposed ordinance, although the City is implementing the procedure required by statutory law to ensure that no inadvertent procedural issue could impact the enactment of the proposed ordinance. X The proposed ordinance is required for compliance with Federal or State law or regulation; O The proposed ordinance relates to the issuance or refinancing of debt; O The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget: O The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant, or other financial assistance accepted by the O The proposed ordinance is an emergency ordinance; O The ordinance relates to procurement; or 1| X The proposed ordinance is enacted to implement the following: a. Part Il of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that, an exemption noted above may apply, the City hereby publishes the following information: 1. Summary of the proposed ordinance (must include statement of the public purpose, such as serving the public health, safety, morals, and welfare): Although this ordinance is exempt from the requirements for a business impact estimate, in order to be fully transparent and engaging to the public, it is noted that this ordinance updates the Land Development Regulations (LDRs) of the City. The general and overall purpose of the LDRs is to ensure the regulations are current and effective in promoting the public health, safety, and welfare. The update to the articles of the LDRs was designed to accomplish three main objectives: 1. Improve transparency by restructuring existing language to follow current land development process; 2. Remove redundant, impractical, and outdated regulations; and 3. Include new trends, tools and processes that provide a clear and streamlined workflow that is easy for any person to both find the necessary information and understand the information defined for the intended objective. 2. Estimate of direct economic impact of the proposed ordinance on private, for-profit businesses in the City: Although this ordinance is exempt from the requirements for a business impact estimate, in order to be fully transparent and engaging to the public, it is noted that the ordinance does not introduce significant changes that affect business operations, and will have minimal to no direct economic impact on private, for-profit businesses. 3. Estimate of direct compliance costs that businesses may reasonably incur: Although this ordinance is exempt from the requirements for a business impact estimate, in order to be fully transparent and engaging to the public, it is noted that the ordinance does not introduce new compliance requirements or changes that affect business operations and no new charges are introduced in the adoption of this ordinance for compliance. 2 | 4. Any new charge or fee imposed by the proposed ordinance: A/fhough this ordinance is exempt from the requirements for a business impact estimate, in order to be fully transparent and engaging to the public, it is noted that the ordinance does not introduce new charges affecting the public. 5. Estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs: Alfhough this ordinance is exempt from the requirements for a business impact estimate, in order to be fully transparent and engaging to the public, it is noted that the ordinance does not provide for significant changes in regulatory costs or new fees imposed. 6. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: Although this ordinance is exempt from the requirements for a business impact estimate, in order to be fully transparent and engaging to the public, it is noted that the proposed changes to the LDRs do not significantly impact a specific number of businesses or if any impact is incurred, the impact is minimal. 7. Additional information (if any, but may wish to include the methodology used to derive information for #1 and #2, above. For example: City staff solicited comments from businesses in the City as to the potential impact of the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on City website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses based on feedback from businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the proposed ordinance does not impose costs only upon businesses. ): Although this ordinance is exempt from the requirements for a business impact estimate, in order to be fully transparent and engaging to the public, it is noted that the ordinance updates existing LDRs to enhance clarity and efficiency. The changes are based on general feedback received from applicants over time, which highlighted areas for improvement in terms of transparency and process efficiency. While there was no specific community outreach conducted for this update, the changes reflect the ongoing efforts to address concems and suggestions from individuals and businesses interacting with the land development process. Furthermore, the proposed ordinance is designed to be generally applicable, impacting all individuals and businesses similarly situated. This approach ensures that the ordinance does not impose costs solely upon businesses but applies uniformly to all parties subject to the regulations. Additional information is available to the public by referring to the City Commission agenda materials relating to this matter. 3 | CITY OF fom: 7] APPROV WS RM_X_ 4 SANFORD & Item no. BAL CITY COMMISSION MEMORANDUM 25-053 FEBRUARY 24, 2025 AGENDA To: Honorable Mayor and Members of itt City Commission PREPARED BY: re Hinson, Alt miaiF m Norton N. Bonaparte, Ir, ICMA- CM, City Man Ordinance No. 2025-4819; Amending Article { through Development Regulations SUBMITTED BY: SUBJECT: icle X, Land STRATEGIC PRIORITIES: [] Unify Downtown & the Waterfront [_] Promote the City’s Distinct Culture (1 Update Regulatory Framework [-] Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Requesting to approve Ordinance No. 2025-4819, on first reading which amends the City’s Land Development Regulations (LDRs) related to Article I through Article X. FISCAL/ STAFFING STATEMENT: There are no anticipated costs to the City to implement the updated regulations; although the updates can improve efficiency and lessen staff review times and should positively impact the development community by providing more clarity and ease of use with respect to development standards, requirements, processes and procedures. BACKGROUND: In discussions with the Assistant City Attorney, it was recommended that the articles of the City’s LDRs relating to site and subdivision approval be reviewed as they relates to statutory requirements, entitlement issues and overall processes and procedures. Accordingly, City Planning staff is presenting modifications to the City’s LDRs related to Article I through Article X. These modifications directly update the City’s LDRs to be consistent with current application processes and standards, remove references to the Development Review Team (DRT), and reorganize the articles to provide greater transparency and usability by following logical development and approval processes and procedures. Due to the extensive modifications to the articles, it is proposed that all articles of the City’s LDRs be adopted as a complete rewrite. Further, City staff requests that the City Commission invoke the provisions of Section 3.16 of the City’s LDRs in implementing zoning in progress to make necessary modifications to the LDRs as it relates to Articles [II and VI, which was action was approved October 9, 2023, and extended on April 8, 2024 by the City Commission. Zoning in progress (or legislation in progress) is a process in which a government declares that a legislative change is needed and is implemented while in the process of being finally developed. Proposed changes to update the LDRs as they relate to processes and inconsistencies with development and subdivision plan review, approval and platting were being proposed. However, in the review and update of Article III and VI it was determined that there are significant elements within various other Articles in need of modification to prevent conflicts with the updates proposed to Article III and VI, including the removal of all references to the former Development Review Team (DRT) as this group was disbanded in 2020 by Ordinance No. 2020-4554. Staff is instead using this opportunity to overhaul the entirety of the articles and remove outdated language, update references, remove invalid processes, combine duplicated processes, relocate provisions to reflect a more logical order of land development approval, and apply consistency with previously adopted ordinances. The summary of the modifications within these articles are as follows: Article Layout Changes: Article I 1. Section 1.0: Created new language that includes the Purpose and Intent of the Article, a statement of Lawfulness, and a statement of Best Practices. This section applies to the entirety of the Article. 2. Section 4.0: Created new language that provides the description of the administrative authority for submitted applications. 3. Section 6.0.B: Created new language pertaining to historic districts that had not previously been recognized. 4. Section 6.0.C: Created new language to include various agreements and studies as extensions to the LDRs that will be recognized as enforceable elements in project review. 5. Section 7.0.C: Created new language that describes the review process in greater detail that will provide necessary transparency for developers to have more confidence in the timelines and expectations of the process. 6. Section 8.0: Created new language in the form of a chart that will identify the minimum documents required for specified applications to be determined sufficient for review. 7. Section 9.0: Created new language in the form of a chart that allows the reader to quickly determine the process and authoritative body that will provide the final decision based on application type. Article II 1. All provision of the original Article II has been either relocated or deleted, the majority of the provisions of Article VI have been relabeled as article Il. 2. Section 1.0.A: Created new language to include the statements of Lawfulness and Best Practices that applies to the entirety of the Article. 3. Section 1.0.B: Created new language that provides a description of the approval process for each subdivision application in a chart. 4. Section 2.0: Created new language that illustrates the flow of each type of subdivision application from the start to the finish. 5. Section 3.0: Reduced language to “Dedication of Easements or Rights-of- way” only as an exemption. 6. Section 4.0: Relocated language and application types to be included as minor subdivisions as these are administrative level approvals. 7. Section 5.0: Created new language providing an alternative process for applicants to obtain building permits prior to Plat in line with Section 177.073, Florida Statutes. Article III . Section 1.0: Created new language for the intent of the Article and included the Statement of Lawfulness and Best Practices. This section also includes a description of the process and authority to review and how to process modifications to properties with prior approvals. . Relocated all processes for each use to Article I. . Section 3.0.C: Created new language to modify when the urban infill program can be utilized and provide additional imitations to the program such as the maximum acreage it can be applied to and maximum number of allowable deviations through the program. This is intended to help maintain standard zoning districts in lieu of creating multiple PD’s and keep the project more consistent with the district and LDRs by limiting the number of variations. . Section 4.0: Created new language to provide greater clarification regarding when a site plan only is permitted and under what circumstances an engineering plan is required to be submitted as part of the development plan process. . Section 6.0: Created new language for site development permit that provides greater clarity as to when the permit is required and can be applied for. It also has relocated language from multiple articles that have now been consolidated for easier referencing. . Section 7.0: Language for variance standards have been relocated from multiple articles in order to consolidate all necessary information. Variances have also been renamed to Type 1 and Type 2, with Type | being administrative approval only, and Type 2 being Planning and Zoning Commission approval only. Article IV . Section 1.0: Created new language to include the statements of Lawfulness and Best Practices that applies to the entirety of the Article. . Section 2.0: Created new language that codifies that annexations are processed through the planning department as part of the development steps of a property. . Section 4.0: Combined the process of rezoning to standard and planned development districts under one section to further clarify that both are applications for rezoning of property. Under the Planned Development (PD) rezoning process language was expanded to clarify time limits for an approval’s validity, and requirement that an engineering plan may be required to be submitted with the PD application for properties with significant floodplain or wetland areas for staff to verify feasibility of the project prior to City approval. . Section 5.0: All language relating to master plans was consolidated and modified under this section to provide a clear process for when a master plan will be required and how it will be maintained. . Section 6.0: All language for the zoning in progress regulations have been relocated to this Article. . Section 7.0: New language was created to recognize zoning verification letters as an application and service provided by the Planning Department. . Section 8.0: All language for vested rights has been relocated to this Article. . Section 9.0: New language has been written to create the “Transfer of Development Rights” regulation which is referenced in controlling statutory law. This process has been created to specifically provide opportunity for property owners of undevelopable wetlands or floodplain properties to obtain a financial benefit while simultaneously dedicating these areas as native preservation to the City in perpetuity. The future land use of the property identifies a possible density of each property, since the city desires to preserve wetland and floodplain areas for better water management, the possible density is then sold as development rights that will allow an increase of density in another upland property. This way wetland and floodplain properties are no longer a financial drain and now become a source of benefit. 9. Section 10.0: All language for the appeals process has been relocated to this Article. New language clarifies submittal process and requirements for submittal. 10. Section 11.0: New language was created to recognize the various waivers through the LDRs, where they are located and what they are for. Article V 1. Section 1.0: Created new language that includes the Purpose and Intent of the Article, a statement of Lawfulness, and a statement of Best Practices. This section applies to the entirety of the Article. 2. Removed section for capacity reservation as this is no longer practiced by the City. Article VI 1. Section 1.0: Created new language that includes the Purpose and Intent of the Article, a statement of Lawfulness, and a statement of Best Practices. This section applies to the entirety of the Article. 2. Added titles throughout the Article and formatted. Article VII 1. Section 1.0: Created new language that includes the Purpose and Intent of the Article, a statement of Lawfulness, and a statement of Best Practices. This section applies to the entirety of the Article. 2. Section 3.0: Created new language to include the fee schedule and allow the fee schedule within the article to be updated by resolution. Article VIII No longer in use as a resulting of the reorganization and reformatting. Article [X No longer in use as a resulting of the reorganization and reformatting. Article X No longer in use as a resulting of the reorganization and reformatting. On September 5 and October 3, 2024, the Planning a Zoning Commission (P&ZC) held work sessions with staff to discuss the changes. As additional discussion and modifications were determined necessary, the P&ZC continued the item until the November meeting. The November 7, 2024, P&ZC meeting was continued due to lack of quorum. On December 5, 2024, a final public hearing was held before the P&ZC. The P&ZC recommended that the City Commission adopt an ordinance to modify the City’s LDRs related to Article I through Article X as now proposed to be Article I through Article VII — as reorganized and reformatted. LEGAL REVIEW: The Assistant City Attorney has reviewed the matter as it was presented to the P&ZC, has prepared Ordinance No. 2025-4819, enthusiastically supports those actions of the City’s Planning staff and has no legal objection to the enactment of Ordinance No. 2025-4819. It is further noted that the P&ZC has been very much engaged by the Director of Planning and her staff (far more than has occurred in over the past 25 years) and that that effort is to be highly commended for its professionalism and public transparency. The City Commission approved the first reading of Ordinance No. 2025-4819, on February 10, 2025 subject to one revision, which shall modify Article I, Section 7.0.B.4.e. The current “e.” will be shifted to “f.”’ and the revised section will read as follows: é. All City Commissioners shall receive notification of the meeting to be mailed to an address as provided by the City. ef A determination to provide notice in the context of the CAPP process shall not grant standing to any person for the purposes of subsequent legal challenges or appeals. In addition, after hearing the concerns of the Commission regarding receipt dates of the CAPP meeting notifications, City staff recommends amending Article I, Section 7.0.B.4 to read as follows: 4. Target Area for Citizen Notification The level of citizen interest and area of involvement will vary depending on the nature of the application and the location of the proposed development. The target area for early notification will be determined by the Administrative Official. All notifications shall be sent at least 15 days prior to the meeting date. At a minimum, the target area shall include the following: The City Clerk published notice of the 2" Public Hearing in the Sanford Herald on February 23, 2025. RECOMMENDATION: Staff recommend that the City Commission adopt Ordinance No. 2025-4819. SUGGESTED MOTION: “T move adopt Ordinance No. 2025-4819.” Attachments: (1). | Ordinance No. 2025-4819. (2). Business Impact Estimate. (3). Draft amendments to Article I through Article X. ARTICLE I LEGISLATIVE AUTHORITY, LAND USE ZONING, AND REVIEW PROCEDURES SECTION 1.0 PURPOSE, INTENT, LAWFULNESS, AND BEST PRACTICES 1 A. Purpose and Intent...............cscscccsscessssceresescssssccereccnsescsesssssssncscsessscsoreseseseses vs ww 1 B. Lawful mess. ...........sssssscscssserssscesccvscscssscorscesecosssssonsoes we otSTeb en ARebo aS cS WT aakaThieds ob AEG HLASTTS eb 1 C. Best Practices.........sccsscsscsssscscsessssesssscscscsceesesssssscsssesssessssscenscssscassssssssssescessesssassescesesesssascsscsssssssesssecsoseseoes 1 SECTION 2.0 SHORT TITLE 0.0.0.0... sccsssssscscsssccosesessssconsesssoscsenenssssenscsscesacsessscssacssssensceesessasscsessossssceseses 1 SECTION 3.0 LEGISLATIVE PURPOSE, AUTHORITY AND BINDING EFFECT 1 A. PURPOSE ......c.rver renee scaernse resin casran ed came rasa 006m aSTS ETESTTS 0 TOENTOENS UETERTENTWS B. Authority and Binding Effect. ................cssscessereserssssseeeses . 2 SECTION 4.0 ADMINISTRATIVE AUTHORITY ...........ccssscsssssvsssssseresssssssssssssssscossecssssscssssssasessessesseesesees 2 A. Administrative Official..... Sp SEVERE AEE ere ere Sees 2 B. Planning Review Staff (PRS). .............ssssocssssscssscssssecesscsssesscsssscssrsserssasesnrssosesseeconsees 3 1. Reviewing Agencies. .0.........ccccccceeccessesscessesseseceesecesecsnesseesseceseaecssceeessesseseserseeseeeeaesseseneeessesanseseesenneranens 3 De AMES, cence semen nme - oe semsfine Seder ieee online REARS Sn SEES -EERSWIR EN. -EEOTTE. SORE Tle EWG ESAS SRC SSG 3 3. General Review Considerations. ..............ccccccccesceesscesceteeeseceeeeseeeessensesseessesseeeseenaseneseaeenseesaterssaeseatennenas 3 SECTION 5.0 APPLICABILITY ..............ccscssscssssssssrsesscscssecssssensssosssnscees 3 A. General Applicabillity..................scccssssssssssssrssscesonsnecssscerssens 3 B. Consistency With Comprehensive Plan. ............secscsescseererees 3 C. Status of Previously Issued Construction Permits or Development Plans. .... . 3 D. Violations, Remedies, and Penalties. ..............s000 4 E. Conflict With Public or Private Provisions. .............ssceeeeersreees 4 1. Public Provisions. ..........:ccccccsccsscssceessceceeseecsesneeaeestessceesccsecsecnecseeeaseaeenseeedeneeesaesaeseeesaeeneerserereneeeneesases 4 2. Private Provisions. ...........::cseceesceeeceeesecssceeseeeneecesceceseeeseeeesecseesenecsseseesseeessseseeeseseeensecssscsaesessseeeseeneenees 4 SECTION 6.0 ZONING DISTRICTS, OVERLAYS, AGREEMENTS, AND MAP .... 4 A. Standard Districts. ..............ccssscesees = 4 1. Residential Districts. ..........cceccccessecssseeseneceeneeceeneeessnsecesseecssaaeeseeenseessneeseneeeseseesesuesenseenssensesateseeaeene 4 2. Multiple Family Residential/Office/Institutional (RMOI) District... eee eseesectecenesesreecseeeseoenes 5 3. Commercial DIStricts. 0.00... ccecceesscesseceesneeeesceeeesnereeseeeeesdeeceseeeseaeeesaesesaeeseaescesaeeeeceuecseeessenssseneeetesenere 5 4, Industrial Districts..............ccceeceecceseeesseeeceeceseessesecessceesecsseseaeeneceeseneeseeneeeseeeeeaeseaasesassasessesssssssssessesensenaee 6 5. Agricultural District. 2.0.0... cece seseeeseceseeesseesneeesseeeseeceeesesuecessseseesssceeesesseesesseeeesneessseseessesesoesecseenenseee 7 6. Parks, Recreation and Open Space District. 0.0... ce eee seeeseseeeecessersreeeetsceseeseeeseesssessensssesseresseesseosass 7 7. Planned Development. ........... cee eecceesceseceeeeeeneseneeseateeeescesseseseeseuesseseeeseseseaseenescneessssecssesessasnessstesseeenens 7 B. Historic and Overlay Districts. .............sccsssesreees Sass USEER EERSTE 8 1. Historic Districts. .........ccccccceescesccesecscccsceececeeeeeecsecescesseesseseseeeseneeseseceeaeeaesneesaeesseesseseasnesssassesssensseeeseaeaee 8 2. Overlay Districts. 2.2.0... eceeseeeceeeeeceeeeeseeeeseeesceceeeerscesereserssenseesseeessecseaesesssseseseeceseesenseeeeienererensseeneneeegs 8 C. Agreements and Studies. ..............ccrccccccersccserscsscerssersessarecesesecesses Su SS RSV OSeRERCSHESOU SURESOEE 9 1. Interlocal Agreement. 0.00.0... cecceeccceeseeeeeceneceeeensneessneesneenseeesaesnaceraeeeseeeeesseesesaeesasernseesansesseneseeesereneees 9 2. Joint Planning Agreement. ...0..... eee ceeeesreeereeeseeerseeeeseessseeesesssceescsseesssesseeseeeseneeessseresssenesneeeneeeses 9 3. Independent Supplemental Studies. 0.0... ccee see cesecsseseessessecseesesesessseessecneseseseeseeseeneeeesaeed 10 4. Development Agreements... ccc eeeccseeeeseeceneeteeeecneeeessesseeesseseasensessaeseeeeeseeseseesseecssesseesscntessneeeses 10 D. Assignment and Adoption of Zoning District Map..............ccccsscsescssrssscesecessccsnccesscsacseseesecceseseeessescess 10 1. Adoption of Zoning District Map. 20.0.0... eee cee ceescceceessreesseesseesesseeessseesseeseeesseeessseseseecneessessseessaes 10 2. Interpretation of Zoning District Map Boundaries. 00.0.0... eeeeseeseeeseeeeteeseeeeeeeeteeesssessseeeseseeeeeees 3. Unzomed Areas. ..........:ccccceccssccesceeceeseceneccenecenseeseesaceneceaesaceecsaeeneesssessecsaessscsesssessesesessesesssneseseeaeneeteeaes 4. Currency of Zoning District Map. ..........:esccsessseeseeeeeeseeeeeseescesersesesseecesessecsseseesesesesenapeceesseseeeeeaee SECTION 7.0 APPLICATION PROCESSES AND PROCEDURES .............ccccssssscssssssssesssessscsesssseseeseese A. Preapplication Conferences (PRE)..........cscsssscscssessssecscsssesseseeesesesessees savescsesessesnsecessenesenes 1. Applicability. 0. eee eee csseeeseteseeesesersecesesesssscsessescesssessaseaessnessssceesseecsseseneseseeensnesstenseesseeesaees 2. PULPOSCL......ceeeceececsceseceescetescesseeesseesscersneeeeecenecesaeessesereessscesecesseeseesseressnessceseecssersneessesenssssssseneessaeessees 3. 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Wetland or Floodplain Management. 00.00.00... cee sccessessesseensssseeseeceeeseeseesesseeseeeesessesseseessessesneseneens WD, TRS TO SEE SEI SETS A TEER EES SEES TVG + EVGA SUE + - ESS Gc 1S SPS SSE SI SECTION 8.0 REQUIRED DOCUMENTS BY APPLICATION TYPE.. SECTION 9.0 APPLICATION TYPES AND AUTHORITATIVE BODY .. w o o s an S h 10 10 11 11 1] 11 11 i] 12 12 12 12 13 13 13 14 14 15 16 17 17 19 21 22 25 25 26 27 ARTICLE I LEGISLATIVE AUTHORITY, LAND USE ZONING, AND REVIEW PROCEDURES SECTION 1.0 PURPOSE, INTENT, LAWFULNESS, AND BEST PRACTICES A. Purpose and Intent. To establish herein all essential and necessary policies, procedures, regulations, and information for the effective and orderly development of property within the City of Sanford. This is accomplished by identifying the authority responsible for establishing these Land Development Regulations (LDRs) and the specific zoning districts. It is through this authority that all land shall be controlled and developed to be consistent with the City’s visions and goals as adopted within the Comprehensive Plan. These LDRs are applied to a development through an application process, which is applicable to every application type and is defined here in a clear and organized manner that improves transparency for both the public and City staff. B. Lawfulness. Any deviation from the provisions of this Article, unless specifically stated herein or allowed by other provisions of these LDRs or under the authority of the Administrative Official is prohibited and unlawful. C. Best Practices. All reviews and determinations of the provisions within this Article by the Administrative Official shall be to implement the Purpose and Intent of this Article together with sound and generally accepted land use and growth management planning practices and principles that aim to balance the social, physical, economic and environmental needs of the City. SECTION 2.0 SHORT TITLE All Articles and Schedules of the City Code shall be known and may be cited as the "Land Development Regulations," or the “ZLDRs”’. SECTION 3.0 LEGISLATIVE PURPOSE, AUTHORITY AND BINDING EFFECT A. Purpose. The general purpose of the ZDRs is to implement the City's Comprehensive Plan and to: 1. Manage efficient growth with the capacity to serve new development and population; 2. Strengthen the City's economy and its tax base; 3. Enhance the livability and character of the City through an attractive and functional mix of living, working, shopping and recreational opportunities; . Encourage the use of existing public facilities and infrastructure through the redevelopment of infill areas; 4 5. Encourage private sector investment in the preservation and enhancement of downtown areas; 6. Stabilize and improve existing neighborhoods; 7 . Promote development and redevelopment that will enhance the value of properties and ensure that development and redevelopment will not have a negative impact on the value of surrounding properties; 8. Minimize conflicts among uses of land and structures in order to protect and conserve the value of land and the character of neighborhoods; 9. Enhance the aesthetic and visual character of the community; 10. Protect water supplies, natural resources and fish and wildlife habitats; 11. Preserve floodplains, drainageways and other natural areas having hydrological functions; 12. Protect historical structures, sites, streets and neighborhoods; I-1 rola Return to Ord. No. Table of Contents 13. Promote attractive and functional gateways into the City; 14. Balance the protection and recognition of private property rights with the appropriate regulation of land to protect the public interest consistent with generally accepted land use practices and principles, controlling State law and constitutional principles; and, 15. Coordinate the land development regulatory practices of the City with the requirements of Federal and State law. B. Authority and Binding Effect. The legislative authority for the LDRs is as follows: 1. Section 163.3202, Florida Statutes, mandates that local governments shall adopt or amend and enforce land development regulations that are consistent with and implement their adopted comprehensive plan. 2. Section 163.3202, Florida Statutes, requires that land development regulations shall contain specific and detailed provisions necessary or desirable to implement the adopted comprehensive plan and shall as a minimum: a. Regulate the subdivision of land; b. Regulate the use of land and water for those land use categories included in the land use element of the Comprehensive Plan and ensure the compatibility of adjacent uses and provide for open space; c. Provide for protection of potable water wellfields; d. Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater management; e. Ensure the protection of environmentally sensitive lands designated in the Comprehensive Plan; f. Regulate signage; g. Provide for concurrency management. The concurrency management system must require that no development order or permit for development be issued unless such order or permit is conditioned on the availability of required public facilities and services concurrent with the impacts of the development. The concurrency management system is further elaborated in Policies CIE-14.1 through CIE-1.5.8 of the City's Comprehensive Plan. h. Ensure safe and convenient on-site traffic flow while considering necessary vehicle parking. SECTION 4.0 ADMINISTRATIVE AUTHORITY A. Administrative Official. The City Manager shall appoint an Administrative Official who shall be charged with the authority to administer the LDRs and to enforce the regulations and procedures contained herein. The Administrative Official, in the performance of assigned duties and functions, may as a condition of an application being filed enter upon any land and make examinations and surveys that do not cause damage or injury to private property. For the purpose of performing any of the duties and functions necessary to administer and enforce the LDRs, the Administrative Official may appoint any appropriate persons as deputies who shall have and exercise the authority of the Administrative Official, except the authority to appoint deputies. Entry onto private property, absent an application being filed and as part of code enforcement process, shall occur only as authorized by controlling law. Throughout all Articles of the ZDRs the term “staff’, when used, if in the context of making an action, shall also mean the Administrative Official as the authoritative City representative. I-2 Return to B. Planning Review Staff (PRS). 1. Reviewing Agencies. The Planning Review Staff (PRS) shall be appointed by the Administrative Official and be composed of staff within City departments, divisions, and agencies responsible for reviewing land development proposals; provided, however, the PRS shall not act as a corporate body or committee and shall serve as a means whereby comments from various staff persons may be collectively generated and accounted for consideration by the Administrative Official and others, as appropriate. The following City officials or their designated representative(s) as may be authorized by the Administrative Official may be part of the PRS: a. Building Official. b. City Engineer. c. City Planner. d. Director of Utilities. e. Director of Public Works. f. Fire Marshal. 2. Duties. a. The PRS shall review applications for annexation, subdivisions, site plans, street vacations, use approvals, planned development projects, developments of regional impact and other applications referred to them by the Administrative Official. b. In reviewing such applications, the PRS shall provide review comments, proposed conditions, amendments or modifications to verify compliance with these LDRs and any other applicable codes. 3. General Review Considerations. In performing their review, the PRS shall consider whether: a. An application and/or a plan is consistent with the goals, objectives, and policies, of the Comprehensive Plan. b. All public facilities and services necessary to serve the proposed use will be available concurrent with the actual impact of the use in question. c. The established level of service of public facilities necessary to serve the development or phase thereof will be adversely impacted by the proposed use or activity. d. The proposed development minimizes adverse impacts to surrounding properties. e. The proposed use, development or activity violates any provisions of these LDRs. SECTION 5.0 APPLICABILITY A. General Applicability. The LDRs shall apply to all development or changes in land use within the City. No development or change in land use shall be undertaken without prior authorization pursuant to the LDRs. Consistency With Comprehensive Plan. The LDRs, pursuant to Sections 163.3201 and 163.3202, Florida Statutes, are hereby adopted to assist in implementing the goals, objectives, and policies of the Comprehensive Plan for managing the use of land and water resources within the City. The LDRs are and shall, be amended when necessary to, remain consistent with the Comprehensive Plan as mandated by Chapter 163, Pt. II: the “Community Planning Act”, Florida Statutes. Status of Previously Issued Construction Permits or Development Plans. The provisions of these LDRs shall not apply if a development is determined to be vested in accordance with the provisions of these ZDRs. [-3 xh Retna Ord. No. KXKKXX Table of Contents D. Violations, Remedies, and Penalties. Notwithstanding any provision of these LDRs or the City Code to the contrary, a person owning or occupying any building, that is used, erected, constructed, reconstructed, altered, moved or maintained in violation of these LDRs shall be subject to any and all penalties permitted by State law and the City may seek any and all legal remedies available to it under controlling law. E. Conflict With Public or Private Provisions. 1. Public Provisions. The ZDRs are not intended to interfere with, abrogate, or annul any other controlling City rule or regulation, statute, or other provision of law. Where any provision of the LDRs imposes restrictions different from those imposed by any other provision of the LDRs or any other City rule, regulations, or other provision of law, whichever provisions are more restrictive, or which impose higher standards shall control. 2. Private Provisions. The ZDRs are not intended to abrogate any easement, covenant, or any other private agreement, or restriction; provided that, where the provisions of the LDRs are more restrictive or impose higher standards or regulations than such easement, covenant, or private agreement or restriction, the requirements of the LDRs shall govern. SECTION 6.0 ZONING DISTRICTS, OVERLAYS, AGREEMENTS, AND MAP Consistent with the City's Comprehensive Plan Future Land Use Map and related policies (FLU 1.1, Comprehensive Plan), all land and water areas located within the incorporated territory of the City shall be designated for use and development based on the following zoning districts which shall be reflected on the Zoning District Map by the symbols set forth below. The term ‘zoning district’ shall be synonymous with the term ‘zoning classification. A. Standard Districts. 1. Residential Districts. a. SR-1AA; Single Family Dwelling Residential (10,000 sf/lot). Those areas of the City that are intended for one-family dwellings on a minimum 10,000 square foot lot with related accessory uses. b. SR-1A; Single Family Dwelling Residential (7,500 sf/lot). Those areas of the City that are intended for one-family dwellings on a minimum 7,500 square foot lot with related accessory uses. Where located on land with a Comprehensive Plan land use designation of "Low Density Residential Single Family," the net residential density shall not exceed six units per acre. c. SR-1; Single-Family Dwelling Residential (6,000 sf/lot). Those areas of the City that are intended for one-family dwellings on a minimum 6,000 square foot lot with related accessory uses. Lots platted under this zoning classification may also include plats for subdivisions with ten or less urban infill lots or the re-establishment of previously platted lots of record. Where located on land with a Comprehensive Plan land use designation of "Low Density Residential Single Family," the net residential density shall not exceed six units per acre. d. SR-2; Mobile Home Residential. Those areas of the City that are intended for mobiles homes and related accessory uses. Maximum gross residential density shall not exceed six units per acre. Replacement of existing mobile homes on existing mobile home parks and sites of record, as of the effective date of the Comprehensive Plan, shall be permitted. 1-4 Table of Contents e. MR-3; Multiple-Family Residential (20 du). Those areas of the City that are intended for multiple-family dwellings at a maximum density of 20 dwelling units per acre and related accessory uses except, however, that multiple-family dwellings located adjacent to single-family dwellings or single-family zoning districts shall have a maximum density of ten dwelling units per acre. f. MR-2; Multiple-Family Residential (15 du). Those areas of the City that are intended for multiple-family dwellings at a maximum density of 15 dwelling units per acre and related accessory uses except, however, that multiple-family dwellings located adjacent to single-family dwellings or single-family zoning districts shall have a maximum density of ten dwelling units per acre. g. MR-1; Multiple-Family Residential (8 du). Those areas of the City that are intended for multiple-family dwellings at a maximum density of eight dwelling units per acre and related accessory uses. 2. Multiple Family Residential/Office/Institutional (RMOD) District. a. RMOI; Multiple-Family Residential-Office-Institutional. 1) The multiple-family Residential/Office/Institutional (RMOJ) district is a planned mixed-use district designed to accommodate business and professional offices as well as high density multiple family residential opportunities and institutional uses. a) The allowable maximum residential density shall be up to a maximum of 20 units per acre except, however, that multiple-family dwellings located adjacent to single-family dwellings or single-family zoning districts shall have a maximum density of ten dwelling units per acre. b) The maximum intensity of nonresidential development measured as a floor area ratio is 0.35. Areas within WDBD are permitted a maximum floor area ratio of 2.0. c) The mix of residential and office/institutional uses shall contain at least 20 percent of the lesser use based on intensity and/or density of uses. 2) This land use policy designation district expressly excludes general retail sales and services, warehousing, and outside storage. Furthermore, this district is intended for sites which: a) Have accessibility to major thoroughfares or are located along the outer fringe of core commercial areas; b) Build on the purpose and function of the central business district and Lake Monroe waterfront; c) Encourage reinvestment in declining residential areas adjacent to commercial core areas; d) Have potential to be served by a full complement of urban services; e) Contain sufficient land area to accommodate good principles of urban design, including sufficient land area to provide adequate landscaping and buffers to separate existing as well as potential future adjacent land uses of differing intensity; f) Frequently serve as a transition area which buffers residential uses located in one area from a nearby area which accommodates uses of a higher intensity. 3. Commercial Districts. a. RC-1; Restricted Commercial. The RC-1 district is intended to implement the Comprehensive Plan "Neighborhood Commercial (NC) future land use designation and is intended to serve limited areas that are predominantly residential in character, but which require some supporting neighborhood office and retail establishments. 1) Property assigned to this district should be accessible to major thoroughfares near residential neighborhoods. I-5 Return to Ta tent: 2) The maximum density of development within the RC-1 district measured as a floor area ratio is 0.35. 3) Commercial development within this district is intended to serve the neighborhood in which the development is located and is generally restricted to business and professional offices, neighborhood convenience stores and drug stores, specialty shops, limited item retail shops and services such as beauty parlors, barber shops, laundry and dry-cleaning pick-up stations. 4) The RC-1 district is not intended to accommodate large scale retail sales, service or trade activities or large residential development on two acres or greater of all lots. b. GC-2; General Commercial. The GC-2 district is intended to implement the Comprehensive Plan “General Commercial" (GC) future land use designation. 1) Properties assigned to this district should accommodate community-oriented retail sales and services; highway-oriented sales and services; and other general commercial activities. 2) The GC-2 district is intended to include the easterly portion of the First Street business district. 3) The general commercial designation also is intended to include pre-existing commercial corridor development along such major thoroughfares as French Avenue, Orlando Drive (US 17-92), and strategic intersections along Airport Boulevard. 4) The GC-2 district generally shall be located in highly accessible areas adjacent to major thoroughfares which possess necessary location, site, and market requirements. 5) The maximum intensity of general commercial development measured as a floor area ratio is 0.35. Areas within WDBD are permitted a maximum floor area ratio of 2.0. 6) Transient residential facilities including hotels, motels, and residential care facilities are permitted uses in this zoning district. c. SC-3; Special Commercial. The SC-3 district is intended, in part, to implement the Comprehensive Plan’s Waterfront Downtown Business District (WDBD) future land use designation for mixed use residential and general commercial uses as well as related accessory uses. 1) The SC-3 district is intended to provide a planning and management framework for promoting development and redevelopment within the core of the Downtown Commercial Area, the central business district, including the Lake Monroe waterfront, the historic downtown commercial area, and its environs as designated on the Future Land Use Map. 2) In the SC-3 district, the maximum intensity of development measured as a floor area ratio is 2.0 for commercial development. The maximum density of residential development is 50 units per acre. Refer to Schedule U for maximum intensities and densities of parcels zoned SC-3 located in Overlay Districts. 4. Industrial Districts. The following industrial districts are designed to implement the Comprehensive Plan future land use "Industrial" designation. Industrially designated areas are not adaptive to residential use and as such residential activities shall not be located in areas designated for industrial development. This provision shall not prohibit residences for exclusive use by night watchmen or custodians whose presence on industrial sites is necessary for security purposes. a. RI-l; Restricted Industrial. This district includes areas of the City that are intended for light wholesale and manufacturing uses and related accessory uses. The maximum intensity for industrial development shall be regulated by its underlying land use. b. MI-2; Medium Industrial. This district includes those areas of the City that are intended for heavy wholesale and manufacturing uses and related accessory uses. The maximum intensity for industrial development shall be regulated by its underlaying land use. 5. Agricultural District. a. AG; Agriculture. The Agricultural (AG) district is intended to implement the Comprehensive Plan "Suburban Estates" (SE) future land use designation. Residential densities in this zoning district shall not exceed one dwelling unit per one acre. 6. Parks, Recreation and Open Space District. a. PRO; Parks, Recreation and Open Space. The Parks, Recreation and Open Space (PRO) district is intended to implement the Comprehensive Plan future land use designation of the same name and to distinguish the City’s parks, recreational facilities, and open space facilities from other uses. 1) 2) 3) 4) 5) Properties assigned to this district have developed City parks and areas of significant open space including, but not limited to, cemeteries. Parks and recreation areas should be readily accessible at the neighborhood and community level. Parks shall be developed and redeveloped according to the level of service standards for parks and recreational facilities, community demand and community input as appropriate. While parks generally provide outdoor recreational facilities, community centers and indoor facilities are also permitted up to a floor area ratio of 0.50. Site plans for recreation and open space, shall incorporate measures that mitigate against land use incompatibility as well as adverse environmental impacts and shall include appropriate buffering, landscaping and screening. 7. Planned Development. Planned Developments are further regulated through Schedule D and Article IV. a. PD; Planned Development. Properties assigned to the Planned Development zoning district are intended for residential and nonresidential uses that utilize flexible and creative site design to achieve a more desirable environment and more efficient land use. 1) Ord. No. XX-XXXX The project shall be a combination of two or more compatible land uses from the following categories: commercial/office, industrial, single-family residential, multiple-family residential, public/semipublic, and transient lodging/entertainment in order to be considered for the Planned Development zoning classification. a) The mix of uses shall contain at least 20 percent of the least prevalent use, unless located within the Westside Industry and Commerce (WIC) future land use designation that requires residential uses to be at least 35 percent. b) The minimum land area for a Planned Development shall be no less than three acres of net upland area, unless located within the Waterfront/Downtown Business District (WDBD) future land use designation. c) For multiple use Planned Developments, a minimum of 50 percent of each use shall be integrated either vertically or horizontally within the same footprint of at least 50 percent of the total number of structures within the development, except single family homes or residential structures of eight units or less. I-7 Return to Table of Contents 2) The planned development land management strategy is a technique for negotiating innovative development options and a design to achieve public objectives such as natural resource protection, which might not otherwise be achieved. 3) The underlying Comprehensive Plan future land use designation shall control the maximum density/intensity for Planned Development. B. Historic and Overlay Districts. 1. Historic Districts. Historic Districts are further regulated through Schedule S. a. Downtown Commercial Historic District. The Downtown Commercial Historic District was created in 1985 by Ordinance No. 1777. The district is generally bounded by Fulton and Commercial Streets to the north, Myrtle Avenue to the west, Sanford Avenue to the east, and Third Street to the south. The boundaries of the district are shown in Schedule S. . Sanford Residential Historic District. The Sanford Residential Historic District, originally designated under the name of Old Sanford District, was established in 1993 through Ordinance No. 3184. The district is generally bounded by Second and Third Streets on the north, French and Elm Avenues on the west, Fourteen Street on the south and Sanford Avenue on the east. The boundaries of the district are shown in Schedule. Sanford Avenue Historic District. The Sanford Avenue Historic District was created in 2023 through Ordinance No. 4729 and is generally described as both sides of Sanford Avenue from 2nd Street to Celery Avenue including all properties facing Sanford Avenue and extending from the alleys. . Georgetown Residential District. The Georgetown Residential Historic District was created in 2023 through Ordinance No. 4730 and is generally bounded by E. 2nd Street on the north, Bay Avenue and Mellonville Avenue to the east, Celery Avenue to the south, and the alley east of Sanford Avenue on the west, corresponding with the Georgetown National Register Historic District boundaries excluding Sanford Avenue. 2. Overlay Districts. Overlay Districts are further regulated through Schedule U. a. Lake Mary Boulevard Overlay District. The Lake Mary Boulevard Overlay District includes all lands located within the City that lie within 320 feet of the centerline of Lake Mary Boulevard between the CSX railroad line near Country Club Road and the intersection of SR 46 and CR 415. If any part of any parcel abuts the right-of-way line of the designated roadway, the entire parcel shall be subject to this part as if the parcel were wholly within the stated corridor. . West Sr/46 Rinehart Road Gateway Overlay District. The SR 46/West First Street Overlay District includes all lands located within the City that lie within 320 feet of the centerline of SR 46 between the Interchange at I-4 and Airport Boulevard (existing) and within 320 feet of the centerline of Rinehart Road between SR 46 and H E Thomas Jr Parkway. If any part of any parcel abuts the right-of-way line of the designated roadways, the entire parcel shall be subject to this part as if the parcel were wholly within the stated corridor. . Riverfront Overlay District. The primary purpose of the Riverfront Overlay District is to provide a mixed-use area for high-density residential, offices and retail uses. 1-8 Return to Ord. No. KXKXXX able of Content d. Midtown Overlay District. The primary purpose of the Midtown Overlay District is to encourage residential uses and to provide for a mixed-use area for single-family, multifamily housing, offices and neighborhood serving retail, where appropriate, and is not in direct conflict with the residential usage. e. Downtown Overlay District. The primary purpose of the Downtown Overlay District is to encourage commercial uses and to provide for a mixed-use area for single-family, multifamily housing, hotel, offices, and retail, where appropriate, and is not in direct conflict with the residential usage and the historic district. C. Agreements and Studies. The City has established and adopted multiple types of studies and agreements that are adhered to and utilized in the review and approval of development projects in the context of applying accepted land use and development standards in the review of development proposals. These studies and agreements shall be considered supportive and reliable documentation in addition to the LDRs during the review and overall site design considerations to development plans to the extent that they have been adopted by the City Commission and continue to be timely, pertinent and accurate. 1. Interlocal Agreement. An Interlocal Agreement is a contract between local governmental agencies such as a city, county, school board, airport authorities, or other similar agencies that aim to provide more efficient and less costly public services or otherwise agree to collaboratively perform in the public interest. 2. Joint Planning Agreement. A Joint Planning Agreement (JPA) is an agreement typically entered into between two or more adjacent municipalities or counties. These agreements facilitate planned growth that meets the common goals related to land development and community welfare at jurisdictional boundaries or overlapping areas to provide the greatest benefit to the community within the subject areas. Examples of JPAs include those entered under Section 163.3171, Florida Statutes, which provides for combinations of municipalities within a county, or counties, or an incorporated municipality or municipalities and a county or counties, or an incorporated municipality or municipalities and portions of a county or counties may jointly exercise the powers granted under the provisions of this act upon formal adoption of an official agreement by the governing bodies involved pursuant to law (but that no such official agreement shall be adopted by the governing bodies involved until a public hearing on the subject with public notice has been held by each governing body involved) or Part II, Chapter 171, Florida Statutes, relating generally to annexations and which identify the geographic areas anticipated for annexation, the future land uses that the City would seek to establish, necessary public facilities and services (including transportation and school facilities and how they will be provided), natural resources (including surface water and groundwater resources and how they will be protected) as well as agreements between local governments to jointly determine how to provide services to residents and property in the most efficient and effective manner while balancing the needs and desires of the community by means of coordinated planning, service delivery and boundary adjustments. JPAs reduce intergovernmental conflicts and litigation between local governments, promote sensible boundaries that reduce the costs to the public, avoid duplicating local services and increase political transparency and accountability. Amendments to the Comprehensive Plan which are consistent with the JPA must be considered as needed, as small-scale amendments. Return to Table of Contents 3. Independent Supplemental Studies. An independent supplemental study is a document created by either the City or County and adopted by the City Commission, considering the recommendations of the Planning and Zoning Commission, as a recognized element of research and data collection that provides additional direction of how a project should be developed in the subject area of study. A developer or property owner who is impacted by a study shall have the right to be heard during the course of the adoption process. 4. Development Agreements. A development agreement is a written agreement that facilitates specific use, design, intensity/density, etc. limitations between the City and a developer or other jurisdiction. Development agreements can be either statutory development agreements approved in accordance with the provisions of State law authorizing such agreements or non-statutory development agreements that are more in the nature of a normative development order. D. Assignment and Adoption of Zoning District Map. 1. Adoption of Zoning District Map. All land and water areas located within the City are hereby assigned the zoning districts reflected on the Zoning District Map for the City adopted as a part of the LDRs, a certified copy of which is located in the Office of the Administrative Official. Changes, amendments, and reassignment of districts thereon shall be made only in accordance with the provisions of the LDRs by the Administrative Official. 2. Interpretation of Zoning District Map Boundaries. The following rules shall be used to interpret the exact location of the zoning district boundaries reflected on the zoning district. a. Where a zoning district boundary approximately follows a parcel or property line, that line is the boundary of the zoning district. b. Where a zoning district boundary follows a street or railroad the centerline of the street or railroad right-of-way is the boundary of the zoning district. c. Where a zoning district boundary follows a stream or canal or a lake or other body of water, the centerline of such stream or canal or the shoreline of such lake or other body of water is the boundary of the zoning district. d. Where a zoning district boundary does not clearly follow any of the features mentioned above, its exact location on the ground shall be determined by measurement according to map scale and/or legal descriptions of the land area involved which are filed in the Office of the Administrative Official and related to the zoning district question. Any parcel bisected by two or more zoning districts shall be considered as applied to the whole parcel that district which occupies the larger portion of the parcel. e. Inany instance in which the exact location of a zoning district boundary is not clear, the Administrative Official shall apply the criteria herein cited to confirm the exact location prior to issuing a site development permit or certificate of completion. The property owner may appeal the decision of the Administrative Official in the manner set forth in the LDRs. 3. Unzoned Areas. If any land and/or water area does not appear to have an identifiable or specific zoning district map symbol reflected on the Zoning District Map, the Administrative Official shall present an amendment to the Planning and Zoning Commission relative to the Zoning District Map in order to establish a zoning district for such area and no site development permits or certificates of completion shall be issued for such areas until after the City Commission has taken final action on the proposed amendment. I-10 Ord. No. Table of Contents 4. Currency of Zoning District Map. The Administrative Official shall ensure that all zoning district boundaries are accurately reflected on the Zoning District Map. If a proposed development is for a combination of uses, the acreage required for each use shall be determined independently based on the floor area ratio or the density for each individual use such that no acreage may be dedicated for more than one use. SECTION 7.0 APPLICATION PROCESSES AND PROCEDURES The process and procedures for most applications will require the applicant to participate in both a preapplication conference and the citizen awareness and participation plan process prior to the formal submittal of an application. A. Preapplication Conferences (PRE) 1. Ord. No. KX-KXXX Applicability. The following shall apply to all proposed development within the City. a. A preapplication conference is recommended prior to the submittal of any development application. b. Applications for conditional uses, variances for one- and two- family dwellings and minor subdivisions shall not require preapplication conferences. c. A preapplication conference shall be required prior to the submittal of the following types of applications. 1) Administrative Use. 2) Conditional Use. 3) Exceptional Use. 4) Variance. 5) Planned Development Project. 6) Master Plan. 7) Major Subdivision. Purpose: The purpose of the preapplication conference is to acquaint the participants with the requirements of these LDRs and the views and concerns of the PRS prior to the submittal of any formal application for development approval. Depending on the scope of the proposed project, an applicant may meet with the Administrative Official or with any other PRS member. Comments made at the preapplication conference are intended to provide guidance and are nonbinding on the formal review of the development plans. Submittal Requirements. Prior to the preapplication conference, the applicant shall provide the following information: a. A description of the character, location, and magnitude of the proposed development. b. A survey, preliminary site plan or copy of the plat of the parcel proposed for development. c. A written list of any deviations from the LDRs proposed by the applicant. d. Any questions or concems regarding the development review process or the LDRs. Scheduling. Preapplication conferences will be scheduled for the next available meeting date as determined by the Administrative Official from the application date, excluding holidays, in accordance with a time schedule established by the Administrative Official. Conferences will be scheduled in the order that applications are received unless the Administrative Official finds that it is in the public interest to modify the regular schedule. A conference may not be scheduled with less than two working days’ notice to the City or applicant. Table of Contents B. Citizen Awareness and Participation Plan (CAPP) 1. Applicability. The following requirements apply in addition to any other notice provisions required elsewhere in the LDRs. The Administrative Official may require, based upon the needs of the abutting communities or the City to ensure full public participation in the planning and land use processes of the City, a Citizens Awareness and Participation Plan (CAPP). This requirement is for the benefit of the City in terms of its processing applications for development related approvals and none of the requirements set forth in this Section provides any private party with the right to appeal or to challenge a land use decision. The sole remedy available, should the processes and procedures relating to the CAPP process not be adhered to, shall be for the Administrative Official, in her or his discretion, requiring that the process, or part of the process, be reinitiated and completed. a. This process shall be applicable to project applications for developments such as the following, which list is provided for illustrative purposes only and not as a limitation of the requirement: 1) Planned Developments; 2) Variances; 3) Rezonings; 4) Amendments to the future land use map; 5) Other land use or development applications providing for a modification of the existing land use. b. ACAPP is not intended to produce complete consensus on all applications, but to encourage applicants to be good neighbors and to allow for informed decision making and to maximize, to the extent practicable, public participation and transparency in the planning and land use processes of the City. 2. Purpose. The purpose of the requirement of a CAPP is, at a minimum, to: a. Further implement the public participation provisions of the City’s Comprehensive Plan. b. Ensure that applicants pursue early and effective citizen participation in conjunction with their applications, giving them the opportunity to understand and mitigate any real or perceived impacts their application may have on the community. c. Ensure that citizens and property owners are provided with an adequate opportunity to learn about applications that may affect them and to work with applicants to resolve concerns at an early state of the process. d. Facilitate ongoing communication between the applicant, interested citizens and potentially affected property owners, PRS and elected officials throughout the application review process. 3. Submittal Requirements. The applicant shall submit and complete the CAPP process prior to formal application. This shall not occur until after the pre-application conference or consultation with the Planning Division, if required, has occurred. At a minimum the CAPP shall include the following information: a. Identification of the residents, property owners, interested parties, political jurisdictions and public agencies that may be affected by the proposed development and should be given notice of the CAPP meeting. b. Description of how notification will be provided to those interested in and potentially affected by the proposed development. c. Description of how information will be provided to those interested and potentially affected relative to the substance of the change, amendment or proposed development for which approval is sought. [-12 Table of Contents d. Description of how, and with whom, an opportunity will be provided to those interested or potentially affected to discuss the proposal and express any concerns, issues, or problems well in advance of the first public hearing. e. The applicants schedule for completion of the CAPP. f. The means by which the applicant will keep the PRS informed on the status of citizen participation efforts and the location of the CAPP meeting. 4. Target Area for Citizen Notification. The level of citizen interest and area of involvement will vary depending on the nature of the application and the location of the proposed development. The target area for early notification will be determined by the Administrative Official. At a minimum, the target area shall include the following: a. Property owners within 500 feet of the property proposed for any public hearing determination or 250 feet for Administrative Official determinations. b. All homeowners’ association or registered neighborhood group within the public notice area as set forth in this Section or that may be impacted by the proposed development each of whom shall be notified at their address shown on corporate records. c. Any person or entity that may be impacted by the proposed development as determined by the Administrative Official. d. Other interested parties, who have requested of Administrative Officer to be placed on an interested party’s notification list maintained by the City. e. A determination to provide notice in the context of the CAPP process shall not grant standing to any person for the purposes of subsequent legal challenges or appeals. 5. Time and Place. CAPP meetings shall be held at a time and place that facilitates the greatest number of attendances by the interested parties of the area and in a location that is publicly accessible, meets all ADA access requirements and provides reasonable shelter and proximate to the subject property. If it is determined by the Administrative Official that the meeting place or time was inadequate, the Administrative Official may require that all, or part, of the CAPP process must be re-accomplished. 6. CAPP Report. When a CAPP is required, the applicant shall provide a written report on the results of the citizen participation efforts at the time of submittal for the formal application included as an attachment. This report will be attached to the City agenda materials for each public hearing. The report shall, at a minimum, contain the following information: a. Details of techniques used to involve interested and potentially affected parties, including: 1) Dates and locations of all meetings where citizens were invited to discuss the applicant’s proposal. 2) Content, dates mailed, and numbers of mailings, including letters, meeting notices, newsletters, and other publications. 3) Location of residents, property owners and interested parties who received notices, newsletters, or other written materials. 4) The number and names of people that participated in the process. b. A summary of concerns, issues and problems expressed during the process and proposed methods of resolution, including by way of example only: 1) The substance of the concerns, issues, and problems. 2) The manner in which the applicant has addressed or intends to address these concerns, issues and problems. 3) The concerns, issues, and problems the applicant is unwilling or unable to address and the basis and rationale of the applicant with regard to each issue that has not been addressed. 1-13 aR nce Ord. No. Tabl ontent C. Application Submittal and Review The procedure for securing an order approving a proposed use, variance, site plan, subdivision or any application not otherwise identified with a separate process, shall be as follows: 1. Application Submittal. a. Authorized Agents. Any property owner or an owner's authorized agent who desires to subdivide or modify the boundaries of any lot, tract, parcel or premises or construct, enlarge, or alter any building or structure or to occupy any existing structure or premises for a use requiring approval pursuant to Schedule B shall first make application to the City for approval of such use or modification. 1) Only authorized agents/property owners listed on the application may submit documents, modify or withdraw the application. The City shall not determine conflicts between private parties relative to any contractual rights or relationships between the property owner and other parties. 2) The Administrative Official may require all communication about the project to be limited to the authorized agent/property owner as a single point of contact for the PRS, such that information about a project may not be provided to any person not listed as the owner or authorized agent. A firm or agency in general will not be considered a single point of contact and a specific person must be designated. If the property is owned by an entity, then the full details of the entity must be disclosed. 3) A property owner may revoke the appointment of an authorized agent at any time by informing the Administrative Official in writing. b. Required Information. All applications for a proposed subdivision, use, or development approval shall be in the form required and provided by the Administrative Official. Such application shall be submitted to the Administrative Official together with the documents listed in Section 8.0 of this Article and the established fee as prescribed in Article VII, along with all supplemental data or information deemed necessary by the PRS to determine the proposed application’s extent, probable impact, and compliance with the LDRs. ce. Concurrent Submittal. 1) Subdivision. An application for a proposed subdivision may be submitted in conjunction with a use application. The subdivision application shall also include all supplementary materials required as prescribed in Article II of the LDRs. Both the use and subdivision applications shall be treated as separate applications and subject to applicable processes. 2) Use. An application for a proposed use may be submitted in conjunction with a subdivision application. The use application shall also include all supplementary materials required as prescribed in Ill, of the LDRs. Both the use and subdivision applications shall be treated as separate applications and subject to applicable processes. 2) Variance. Any application submitted in conjunction with a variance shall also include all supplementary materials required as prescribed in Article Ill, Section 7.0 of the LDRs. d. Submittal Deadline. 1) Administrative. Administrative review applications may be submitted at any date or time, as allowed though the official electronic application portal. These applications are only subject to the State mandated review deadline. I-14 Return to Table of Contents 2) Public Hearing. Applications that require a public hearing shall not be scheduled for any public hearing meeting less than 30 calendar days from the date the application has been certified for public hearing by the PRS pursuant to Section 7.0.C.5b.2) The Administrative Official may permit a project to be scheduled for a public hearing at an earlier meeting date if the applicant submits in writing a justification explaining the reason an earlier meeting date is necessary. e. Other Board Approvals. If any element of an application requires approval from either the Historic Preservation Board or the Airport Zoning Commission, these approvals must be completed and submitted as part of the application packet, unless such approvals are contingent upon the application being approved. f. Submitted Materials. All required materials for each application type as listed pursuant to Section 8.0 of this Article shall be provided at time of submittal. All documents shall be substantially compliant with the LDRs and shall be named in accordance with the document naming convention and formatted in a manner acceptable to the Administrative Official. 2. Sufficiency Review. The Administrative Official shall determine if the application meets all submittal requirements. Sufficiency review, determination, and timing for an application shall be consistent with Section 166.033, Florida Statutes. a. Sufficiency. If the application is determined to be sufficient by the Administrative Official a notification shall be sent to the applicant. The application form, applicable plans, supplemental data, all documents with correct naming convention, and fee are collectively called the "complete application". A complete list of all required documents are listed in Section 8.0. of this Article. b. Insufficiency. If an application is determined by the Administrative Official to be insufficient a notification shall be sent to the applicant. Incomplete applications may be returned unprocessed. In these cases: 1) No further action shall be taken on the application until the deficiencies are remedied. 2) The Applicant shall address all insufficiencies within 30-calendar days from the date of notification that the application was determined to be insufficient, by resubmitting the required documents to resolve the deficiencies. 3) Ifthe deficiencies are remedied the application will be processed for full review, and the applicant will be notified the application is now sufficient. 4) If the deficiencies are not remedied after the resubmittal or within 30 days of the notification of insufficiency, the Administrative Official shall issue a notification to the Applicant that the application has been withdrawn. 5) Any sufficiency review fee shall be non-refundable. 6) Notwithstanding the foregoing, an applicant may appeal a determination of insufficiency made by the Administrative Official in accordance with the appeal provision of these LDRs. I-15 Ord. No. KX XXXX Table of Contents c. Additional Resubmittal Requests. If the Applicant determines that the insufficiencies will extend beyond 30 days from the first insufficiency notification date, the Applicant may submit a written request for an additional resubmittal to the Administrative Official to address deficiencies of the application. Such request shall be submitted no later than 30 days after the issuance of the insufficiency notification. The Administrative Official may grant or deny the request, and the applicant will be electronically notified of the decision. If no request is received within the allotted time the application will be withdrawn. Notwithstanding the foregoing, an applicant may appeal the decision made by the Administrative Official in accordance with the appeal provisions of these LDRs. 3. Full Review by Planning Review Staff (PRS). PRS review shall be based on applications that are complete and deemed sufficient, including any subsequent resubmittals. Review of submitted applications and documents shall be as follows: a. Initial Submittal. The PRS shall provide review comments, conditions, amendments, or modifications within 12 working days of the determination of sufficiency/completeness. b. Applicant Response. The Applicant shall provide a written response to each comment and revised documents addressing all outstanding comments of the plan or document elements that were not provided in a manner and form acceptable to the PRS. 1) Revised document(s) shall be submitted only after all PRS have posted comments on any previously submitted documents and the review round has been closed. Documents submitted untimely or mid-review cycle may not be reviewed. 2) Comments on the response letter shall align by corresponding numbers with the corrections shown on any resubmitted plans or documents. 3) All modifications shall be indicated by red clouds or as otherwise directed by the Administrative Official. Any changes to documents not indicated by red clouds or otherwise directed when the documents are approved shall be presumed to be non-responsive and may require new plans or documents to be re-approved. c. Resubmittals. All subsequent submittals to resolve PRS comments shall be reviewed by applicable PRS within 12 working days of the most recent document received and new comments, if any, will be provided to the applicant. Responses to PRS comments shall not significantly modify the application that was determined to be sufficient, unless otherwise directed by the Administrative Official. 1) Significant Modifications. Shall include, but are not limited to the following: a) Additional requests to the application, such as new uses or structures, or relocation of more than 50 percent of any single site element, structure, or boundary; or b) Modifications to the site layout or submitted documents that would require review of new elements of the documents or impact the timing of the decision by the PRS. 2) Significant Modification Correction. If the Administrative Official determines that the revised documents are significantly modified from the original request that was determined to be sufficient, the Administrative Official shall provide a notification to the Applicant describing what changes significantly modified the application. The Applicant shall either: a) Revise the requests and modify plans to eliminate the significant modification; I-16 aime — Ord. No. KX-KXXX Table of Contents 4. 5. Ord. No. b) Submit a written request for a time extension to the Administrative Official to determine if the application can still be reviewed within the 120 days, or if an extension needs to be granted. Both parties must agree to the amount of time granted in the extension. c) Request the withdrawal of the application. Fees shall not be refunded. d) Notwithstanding the foregoing, an applicant may appeal a determination made by the Administrative Official in accordance with the appeal provisions of these LDRs. 3) Resubmittal Fee. A resubmittal fee shall be applied to any application upon receipt of a third resubmittal and every submittal that is a multiple of three thereafter. The resubmittal fee is established in the fee schedule. Intergovernmental Coordination. All development applications shall be coordinated, as appropriate or practicable, with all appropriate entities of government. This may require coordination with the City of Lake Mary, Seminole County, the Seminole County School District, the Sanford Historic Preservation Board, the Sanford Airport Authority, the East Central Florida Regional Planning Council (ECFRPC), the St. Johns River Water Management District, as well as applicable special districts and State and Federal agencies. Consistent with Section 166.033, Florida Statutes, unless a State or Federal agency has issued a final agency action that denies the State or Federal permit before City action on a City development permit, the City shall not condition its approval of a permit on any required State or Federal permit and issuance of a development permit or development order by the City does not create any right on the part of an applicant to obtain a permit from a State or Federal agency and does not create any liability on the part of the City for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a State or Federal agency or undertakes actions that result in a violation of State or Federal law. The City shall attach such a disclaimer to the issuance of development permits and shall include a permit condition that all other applicable State or Federal permits be obtained before commencement of the development. Action by Administrative Official. a. Not Approved/Denied. If the revised document(s) fail to address all listed outstanding comments, the Administrative Official shall issue a notification that the application is not approved\denied. A notification will be issued if the proposed project cannot comply with the requirements of the LDRs or if the project exceeds 120 or 180-calander days with unresolved comments pursuant to Section 166.033, Florida Statutes. The notification shall constitute a denial development order, which is subject to appeal by the applicant in accordance with these LDRs. 1) Failure to Address Comments. If the Applicant fails to address the listed outstanding comments within the 120 or 180-calendar days deadline, fails to request and receive approval for a time extension from the Administrative Official, or exceeds the maximum approved time extension: a) Administrative Reviews. The application shall receive a decision of denial. A notice for failure to comply with the standards, regulations, or provisions of the LDRs shall be provided to the applicant. b) Public Hearing Reviews. i. Ifthe application has not been certified for public hearing prior to the review deadline a decision of denial shall be issued. A notice of failure to comply with the standards, regulations, or provisions of the LDRs shall be provided to the applicant. I-17 Return to Table of Contents 2) 3) ii. Ifthe application has been certified for public hearing prior to the review deadline it shall be placed on the next available meeting agenda for the applicable commission, pursuant to SERRE of this Article. The Planning and Zoning Commission shall render a decision, or a recommendation if the City Commission is the deciding authority. Decisions of the Planning and Zoning Commission shall be by means of the issuance of a development order or denial development order while recommendations shall provide the basis for the recommendation whether it be positive or negative. Minority reports shall be provided by Planning and Zoning Commission members who dissent from the action of the majority. Decisions by the City Commission shall also be by means of the issuance of a development order or denial development order although the City Commission may refer a matter back to the Planning and Zoning Commission for further consideration if it deems such action appropriate. Time Extension. If an application is not approved within 120 calendar days, for administrative reviews, or 180 calendar days, for public hearings reviews, from the date of sufficiency determination an applicant may submit a written request to the Administrative Official for a time extension. The request must be received by the Administrative Official before the applicable deadline. If an extension is to be granted, both the Administrative Official and the Applicant must agree to the extension of time. The maximum extension that may be granted is six months, in 30-day increments, or as determined by the Administrative Official. The extension request letter must include a justification statement explaining the necessity of the extension, the project application number, project address, and agent name. An applicant may appeal a denial of an extension request in accordance with the provisions of these ZDRs. With or Without Prejudice. a) With Prejudice. If an application is denied with prejudice, under the doctrine of administrative res judicata the same application for all or part of the same land shall not be considered for a period of one year after the date of denial. An application denial letter shall constitute a denial development order and must specifically state “with prejudice”. Denial with prejudice prohibits the filing of a successive application, which is not materially different as determined by the Administrative Official. An applicant may submit a waiver application to the deciding body of the denied application in accordance with ‘Article IV, Section 11.0 — Waivers, to request the reduction or full relief of the one-year time limitation. b) Without Prejudice. If an application is denied without prejudice, an application for all or part of the same land may submit a new application without any time limitation. Any denial that does not specifically identify with or without prejudice shall be considered as denied without prejudice. b. Approved/Certified. 1) Ord. No. AX-XXXX Administrative Review. If an application, with or without resubmitted documents, satisfies all applicable requirements of the LDRs and addresses all PRS outstanding comments, if any, the applicant shall submit a clean set of plans and documents showing no clouds and reflecting only what has been approved at the latest submittal. The Administrative Official shall then provide a notification of the approved application with any Conditions of Approval and issue a development order, if applicable, in accordance with Section 7.0.C.8 and 9 f this Article. 1-18 Return to Table of Contents Cc. 2) Public Hearing Review. If the application, with or without resubmitted documents, satisfy all applicable requirements of the LDRs and address all PRS outstanding comments, if any, the Administrative Official shall deem the application as certified for public hearing, and place the application on the next available meeting agenda for the Planning and Zoning Commission or City Commission, in accordance with Section 7.0.C.6 or 7.0.C.7 of this Article whichever is applicable. If a commission approves the application, a clean set of plans and documents shall be submitted showing no clouds and reflecting only what has been approved or certified at the latest submittal or a final site or subdivision plan shall be submitted showing any modifications required by condition of approval. Then the Administrative Official shall issue the development order, if applicable, to the applicant as executed by the City. If the signature of the property owner is required on the development order, the property owner shall execute the document prior to the City’s execution of the document. Suspension of Review. An application may be suspended during the pendency of a code enforcement proceeding or for any violation of a City code or ordinance involving all or a portion of the land proposed for development, unless it is demonstrated in writing by the Applicant to the Administrative Official that suspension of development review processing could be averse to the public interest or has no material effect on the application submitted. This shall not apply to any application necessary to resolve the code enforcement action. Withdrawal. The Applicant shall have the right to withdraw an application at any time prior to the action on the application by the decision-making body. Requests for withdrawal received by the Administrative Official at least five days prior to a hearing date shall be granted without prejudice. If less than five days, the decision-making body, upon recommendation by the Administrative Official, may determine that the application for withdrawal is with or without prejudice. Withdrawal with prejudice prohibits the filing of a successive application, which is not materially different, for one calendar year. At any time, a property owner or authorized agent may withdraw a submitted application, and the City shall not determine conflicts between private parties relative to any contractual rights or relationships between the property owner and other parties. 6. Action by Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing upon the application in accordance with the procedures in this Section, and controlling law, and enter its order granting or denying such application in accordance with the requirements of Section 166.033, Florida Statutes, and other controlling law, by means of the issuance of an approval or denial development order. The Commission may prescribe appropriate conditions and safeguards in the development order that shall become a part of the terms under which a site development permit and certificate of completion shall be issued. a. Date of Hearing. Hearings shall be held by the Planning and Zoning Commission at a date and time fixed by the Administrative Official. Notice. Notice of the hearing shall proceed in the following manner or as required by controlling State law, which shall prevail in the event of conflict herewith: 1) Upon a determination of the meeting date, the Administrative Official shall cause a notice of such hearing to be published at least once in a newspaper of general circulation in the City with such publication to be at least ten days prior to the date of the hearing. The notice shall include: a) Location, date and time of the hearing; I-19 et 0 Ord. No. Table of Contents b) A description of the location of the parcel proposed for development sufficient to identify the site to the public. A full legal description shall not be required as part of the notice, but shall be required as part of the application; c) A brief description of the proposal being considered; d) Identification of the body conducting the hearing; and e) Type of application being considered. 2) Properties considered for public hearings shall be posted by the applicant with a sign for 15 consecutive days prior to the Planning and Zoning Commission meeting. The sign, to be provided by the Administrative Official, shall be located on the property, clearly visible from the public right-of-way. 3) The Administrative Official shall also mail similar notices setting forth the time, place and purpose of the hearing to: a) the applicant; b) the owner of the property described in the application, if other than the applicant; c) the owners of every parcel of land located within a distance of 500 feet from the property line of the property described in the application; d) each homeowners association or neighborhood group relating to property which is located within the public notice area described above to the extent that a determination may be reasonably made by the Administrative Official with regard to the existence of such entities; and, e) additional notices as determined by the Administrative Official in order to ensure public participation and governmental transparency. 4) Affidavit proof of the required publication, mailing and posting of the notices shall be presented at or prior to the hearing by the applicant. Failure to provide proof of required notifications shall result in a public hearing being continued. 5) For purposes of determining the name and address of persons entitled to notice under this Section, the owner of property shall be deemed to be the person who is so identified in the most current tax roll certified for collection and maintained in the office of the Seminole County Property Appraiser. Such notice shall be mailed at least ten days prior to the scheduled hearing date. . Appearance and Argument. At any hearing upon any matter subject to the provisions of this Section, the applicant seeking action and any other party desiring to be heard upon the application may appear in person, by agent or by attorney. The applicant shall be entitled to make an initial presentation respecting the application and, at the conclusion of presentations or statements by all other parties, shall be entitled to offer a statement in rebuttal to such presentations if the applicant so desires. The Chairperson may, at the commencement of the hearing upon each application or at any time during such hearing, require that parties desiring to make a presentation identify themselves and may specify the time to be allowed each such party within which to make such presentation. The provisions of these LDRs relating to quasi-judicial proceedings shall apply. . Decision by the Planning and Zoning Commission. Action by the Planning and Zoning Commission upon any matter subject to the provisions of this Section shall be announced by the Chairperson immediately following the vote determining such action. 1-20 Return to Table of Contents 1) 2) Approve/Approve with Conditions. All actions to approve or to approve with conditions shall thereafter be embodied in a written development order (DO) prepared by the Administrative Official in conjunction with the City Attorney. The Administrative Official shall provide a notification of the approved application with any conditions of approval and issue a DO, if applicable, in accordance with Section 7.0.0.8 and 9, of this Article. Denial. Denials shall comply with the provisions of Section 166.033, Florida Statutes, and other controlling law. If the application is denied the chairman may indicate if the application has been denied with prejudice. a) With Prejudice. If an application is denied with prejudice, an application for all or part of the same land shall not be considered for a period of one year after the date of denial. An application denial development order must specifically state “with prejudice”. Denial with prejudice prohibits the filing of a successive application, which is not materially different, as determined by the Administrative Official. An applicant may submit a waiver application to the deciding body of the denied application in accordance with Article IV, Section 11.0 — Waivers, to request the reduction or full relief of the one-year time limitation. b) Without Prejudice. If an application is denied without prejudice, an application for all or part of the same land may submit a new application without any time limitation. Any denial that does not specifically identify with or without prejudice shall be considered as denied without prejudice. 7. Action by City Commission. If required, the Planning and Zoning Commission will render a recommendation on the application. The application will then be presented to the City Commission at the next available and regularly scheduled public hearing meeting date. The Commission will review and enter its order approving, approving with conditions, or denying such application in accordance with the requirements of Section 166.033, Florida Statutes, and other controlling law. The City Commission may prescribe appropriate conditions and safeguards in the development order which shall become a part of the terms under which a site development permit and certificate of completion shall be issued when such actions are permitted by controlling law. a. Date of Hearing. Hearings shall be held by the City Commission at a date and time fixed by the City Clerk after a request has been made by the Administrative Official. b. Notice. Notice of the hearing shall proceed in the following manner or as required by controlling law, which shall prevail in the event of conflict herewith: 1) xx/xxlax Ord. No. XX-KXXX Upon a determination of the meeting date, the City Clerk shall cause a notice of such hearing to be published at least once in a newspaper of general circulation in the City with such publication to be at least ten days prior to the date of the hearing. The notice shall include: a) Location, date and time of the hearing; b) A description of the location of the parcel proposed for development sufficient to identify the site to the public. A full legal description shall not be required as part of the notice, but shall be required as part of the application; c) A brief description of the proposal being considered; d) Identification of the body conducting the hearing; and I-21 Return to Table of Contents e) Type of application being considered. 2) For purposes of determining the name and address of persons entitled to notice under this Section, the owner of property shall be deemed to be the person who is so identified in the most current tax roll certified for collection and maintained in the office of the Seminole County Property Appraiser. Such notice shall be mailed at least ten days prior to the scheduled hearing date. . Appearance and Argument. At any hearing upon any matter subject to the provisions of this Section, the applicant seeking action and any other party desiring to be heard upon the application may appear in person, by agent or by attorney. The applicant shall be entitled to make an initial presentation respecting the application and, at the conclusion of presentations or statements by all other parties, shall be entitled to offer a statement in rebuttal to such presentations if the applicant so desires. The Chairperson may, at the commencement of the hearing upon each application or at any time during such hearing, require that parties desiring to make a presentation identify themselves and may specify the time to be allowed each such party within which to make such presentation. The provisions of these LDRs relating to quasi-judicial proceedings shall apply. . Decision by the City Commission. Action by the City Commission upon any matter subject to the provisions of this Section shall be announced by the Chairperson immediately following the vote determining such action. 1) Approve/Approve with Conditions. All actions to approve or to approve with conditions shall thereafter be embodied in a written development order (DO) prepared by the Administrative Official in conjunction with the City Attorney. The Administrative Official shall provide a notification of the approved application with any conditions of approval and issue a DO, if applicable, in accordance with Section 7.0.C.8 and 9, of this Article. 2) Denial. Denials shall comply with the provisions of Section 166.033, Florida Statutes, and other controlling law. If the application is denied the chairman may indicate if the application has been denied with prejudice. a) With Prejudice. If an application is denied with prejudice, an application for all or part of the same land shall not be considered for a period of one year after the date of denial. An application denial development order must specifically state “with prejudice”. Denial with prejudice prohibits the filing of a successive application, which is not materially different, for one calendar year. An applicant may submit a waiver application to the deciding body of the denied application in accordance with Article IV, Section 11.0 — Waivers, to request the reduction or full relief of the one-year time limitation. b) Without Prejudice. If an application is denied without prejudice, an application for all or part of the same land may submit a new application without any time limitation. Any denial that does not specifically identify with or without prejudice shall be considered as denied without prejudice. 8. Conditions of Approval. The Administrative Official, Planning and Zoning Commission, or City Commission may attach such conditions to a use, subdivision or any other applicable approval permit as are necessary to carry out the purposes of the plan and to prevent or minimize adverse effects upon other property in the neighborhood including, but not limited to: I-22 Ord. No. XXX a te a. Limitations. Conditions of approval shall be limited to size, bulk, and location of site elements or structures; requirements for landscaping, lighting and provision of adequate ingress and egress and off-site project-related improvements; duration of the permit; hours of operation; and mitigation of environmental impacts. b. Final Development Plan. Submission and approval of a final development plan is only necessary if a condition of approval impacts the site design that was presented to the Commission. This plan must be submitted and approved before a site development permit application may be submitted. A final site or subdivision plan shall be submitted within 15 calendar days of the public hearing date through the original application, labeled as final site or subdivision plan, whichever is applicable. It shall include only the modifications required by the Planning and Zoning Commission or City Commission that show the plan complying with their conditions of approval. 1) Ifthe final site or subdivision plan is not submitted within 15 days of the hearing date the approval may be deemed as invalid and the application will be subject to re-review through a new application and hearing process. 2) The final site or subdivision plan shall be limited to one resubmittal if the Administrative Official finds that the submittal did not comply with conditions of approval. If a resubmittal is required and the applicant has not provided all the information on the plan as required, the application may be deemed invalid and subject to re-review through a new application and hearing process. 9. Development Order. a. Granting of Order. The written order shall grant the application, in whole or in part, under such terms and conditions as are determined to be appropriate. A denial development order shall be issued in the event of a denial of an application. 1) Public Facilities Capacity. A development order may only be granted for a proposed development where there is a finding that all public facilities and services have sufficient capacity at or above their adopted level-of- service (LOS) to accommodate the impacts of the development including, but not limited to, traffic impacts, or those improvements necessary to bring facilities up to their d LOS will be in place concurrent with the impacts of the development, as defined in , Concurrency Management of these LDRs. 2) Standards. All development orders shall be in writing and shall contain, as appropriate, the following information. The Administrative Official may require the Applicant provide a title search of the property: a) The name of the property owner and the name of the proposed development. b) The legal description of the property and, where appropriate, the street address. c) A precise description of the development activity being approved. d) Reference to the approved plans or blueprints including name of the preparer and the date of the plans. e) Any special conditions of the development approval. f) The expiration date of the development order. 3) Intent. The development order shall be drafted to meet the intent established by the decision. [-23 Return to Table of Contents b. Effect and Limitation. A development order granting a use, variance, site development permit or any other application process shall be applicable to the parcel for which it is granted and not to the applicant, to that end, when recorded in the Official Records of the County, shall run with the land. 1) No order, site development permit or certificate of completion that has been issued shall be deemed valid for any use of the premises other than that specified in the approved application. Except, permitted-by-right uses may occur in conjunction with or in place of an administrative, conditional, or exceptional use, provided there are no conditions of approval that prohibit the permitted uses from being added to the building or site that complies with the development order. 2) Issuance of a development order shall authorize only the particular site configuration, layout, and level of impacts that were approved pursuant to these LDRs. 3) Ifa development order is abandoned an instrument shall be recorded by the Administrative Official perfecting such action and all granted uses and associated approvals shall be rescinded. . Recording. No development order approving, or approving with conditions, any development, variance, or use shall become effective until said development order is recorded in the Official Records of Seminole County along with payment of all applicable fees. 1) City staff shall provide the development order and recording fee to the applicant within eight working days from the date of approval. The Administrative Official shall inform the applicant when the development order is available through the electronic application portal and include the necessary recording fee amount. 2) If the signature of the property owner is required, the development order shall be signed by the applicant and return a hard copy with wet signature to the Planning Division within 21 calendar days of the date it is made available to the applicant through the application’s electronic portal. 3) A development order and recording fee that is not received by the Planning Division within the 21 calendar days shall render the approval abandoned by the applicant and considered null and void. . Time Limit. The approving body may impose specific time limits, within which actions must be taken in granting any approval. The development order shall be considered abandoned and become null and void if: 1) all critical infrastructure construction is not completed within three years from the effective date of the development order, as determined by the Administrative Official, unless otherwise specified in the development order; or, 2) the conditional actions as identified in the development order have not been accomplished to the intent of the development order, as determined by the Administrative Official. . Extension. A development order may be extended by the Administrative Official for a period not to exceed six months if the request for the extension is made before the development order expires and is determined to be abandoned, thereby becoming null and void. Any extension beyond six months must be approved by the City Commission. A denial development order shall be summarily issued by the Administrative Official if an application for an extension is submitted after a development order has expired. 1-24 Table of Contents f. Abandonment. A development order may also be abandoned if the property owner provides a letter informing the Administrative Official that the property owner has abandoned the development order. The Administrative Official may determine that a development order has been abandoned if significant modifications are proposed for the site that would no longer be consistent with the terms or conditions that granted the development order, or if the site approved in a development order for a non- conforming use remains vacant for a period of at least one year. 10. Wetland or Floodplain Management. 11. The Administrative Official may require an engineering plan for wetland or floodplain mitigation prior to public hearings for a planned development project or any project located within a wetland or floodplain area or withhold a development order until there is a finding that all wetland and floodplain areas can be mitigated through an engineering plan or additional studies, unless the applicant demonstrates that such requirement would violate the provisions of Section 166.033, Florida Statutes. Fees. An application shall not be scheduled for a public hearing or receive a development order before all application or other assessed fees have been paid. Any project that maintains unpaid fees, without special approval, beyond 30 days from the date of submittal shall be considered an insufficient application and be withdrawn or denied. Any recording fees assessed shall also be paid within 21 days from the date that the applicant is notified of any such fees. If these fees are not paid within the allotted period, the City shall record a document at the expense of the applicant, indicating that the applicant has abandoned the approval and stating that the previously recorded documents are invalid, null and void and that a new approval shall be required. I-25 SECTION 8.0 REQUIRED DOCUMENTS BY APPLICATION TYPE All submitted documents shall be clear, legible and accurate. Table 8.0 — Required Documents by Application Type Ey F 2 a4 E = | §/ lz |2 | =| |2/8| & c 3 _ {2 ~)/2}e o/2/8/& Zz 42/2 Ay @ 3 = )2e/ EISl8 /ElSlSlelez| |Sls]e] [ee] |& eigss a) s/a|a|olso B/S] 8&2 & L g/22|_2/=|3 /€/2|2/2/22) (3/2 2elslele | |e S/ESITS/S(Sz/ S/S E/S/SSl ele Cl2Sl/=] sles sly Document 24lS<¢|e8|siFel 2S ldlslesle|S|S (FEES Se sis Abstract Survey * * v * Viv|vl|vo v viv v vi|v v Affidavit of Ownership/Agent Form | ¥ | “ Vv |lvi[ Vv lvi|Vv ivi] vw vVilviv|vi[VviV¥ v Annexation Petition v CAPP Meeting Summary v v |v viv v v W7 Certified Cost Estimate of Project v Completed Utilities Review Checklist * * * ¥v[VviVvi[v *lv] v * * Economic Impact Statement v| wv ¥ viv v Y Environmental Impact Statement * v ¥iv|[v~iv |v) vw vi|[v| Vv v | * * Environmental Impact Study? * * | * |e |e | * |e | x * Geotechnical Study Report * *) viv elv Iv * | * * Hydrant Flow Curve Test * fel el el ele] vo * Homeowners Association Document v Justification Statement v¥| v viv v¥|Vviv“i|v| Vv [viv YY V¥ilvilvlVv Legal Description vil v vv |v Viviv v viv v¥i|v| * Permeability Report/Calculations * Vivi tl ele ae ae * * Plan, Architectural Elevation v | * *) ele lv] vw *)*] v * * Plan, Civil viv 74 * * Plan, Engineering * *] eR) e 1 Wo * v * | * * Plan, Landscaping v v v v * * Plan, Lighting * se ee a * | * Plan, Maintenance * Y Plan, Master v v Plan, Sign * * * ely * * * Plan, Site * v Y¥| Vv * Plan, Subdivision * * v viv v | * * Plan, Topography ” * e foe fe [oe | x Y¥i[v| * » | * Prior Development Order v v * lv Proof of Standing v Proposed Language v TDR Supplemental Documents v Traffic Statement (ADT) v *|[v¥v|[vI|Vvilv Traffic Study qd) * * * * * * * * Wetland/Floodplain Mitigation 7 x la lalaele «| « * * Statement @ Notes ¥ means the document is required at time of submittal. ‘*” means the document may be required depending on request. Staff will notify applicant during pre-application process or as a comment within the full review if this document must be submitted. (1) Document shall be required if total peak trips will exceed 500 ADT’s. (2) Document shall be required if subject property has any wetland or floodplain area per FEMA. (3) Document shall be required if subject property has any protected species, such as Gopher Tortoise, Eagles, etc. (4) All annexation applications and documents to be submitted and processed through the City Clerk’s office. I-26 XX/xx/XX Return to Ord. No. XXXXXX able of Content SECTION 9.0 APPLICATION TYPES AND AUTHORITATIVE BODY The final decision on an application shall be made by the deciding body as indicated in Table 9.0. Table 9.0. — Application Types and Authorities Application Type Acym. | Process Final Decision Body Annexation®? ANX_| Legislative City Commission Appeals?) APL | Quasi-Judicial _ | City Commission Certificate of Appropriateness COA | Quasi-Judicial | Historic Board Comprehensive Plan Amendment®) CP | Legislative City Commission Land Development Regulation Text Amendment”) TXA_ | Legislative City Commission Rezone, Planned Development”) PDR | Quasi-Judicial | City Commission Rezone, Straight® RZ | Quasi-Judicial | City Commission Development Plan (Site and Eng. Plan)? DP | Administrative | Administrative Official Site Development Permit® SDP | Administrative | Administrative Official Subdivision, Minor (3-5 Lots) MNSP | Administrative | Administrative Official Subdivision, Major MJSP | Quasi-Judicial | City Commission Subdivision, Improvement Plan“? SIP Administrative | Administrative Official Subdivision, Final Plat SFP | Quasi-Judicial _| City Commission Master Plan®) MP | Quasi-Judicial | City Commission Transfer of Development Rights TDR | Quasi-Judicial | City Commission Use, Administrative?) AU_ | Administrative | Administrative Official Use, Conditional” CU | Quasi-Judicial _| Planning Commission Use, Exceptional EU | Quasi-Judicial | City Commission Variance, De Minimis/! or 2 Family Dwellings? VDM | Administrative | Administrative Official Variance”) VAR | Quasi-Judicial | Planning Commission Vacate ROW/Easement')) VAC | Quasi-Judicial | City Commission Vested Rights”) VR | Administrative | Administrative Official Waivers”) WAV | Quasi-Judicial _| City Commission Zoning and Site Review” ZSR__| Quasi-Judicial | City Commission Zoning Administrative Letter ZAL_ | Administrative | Administrative Official Notes: 1. | Applications, plans, and review are subject to Article II. Applications, plans, and review are subject to Article III. 2 3. | Applications, plans, and review are subject to Article IV. 4 As-of-Right use is subject to the Development Plan process of Article III. [-27 Return to Table of Contents ARTICLE II SUBDIVISION AND PLAT PROCEDURES SECTION 1.0 INTENT OF SUBDIVISION PLAN REVIEW.........cccscsssssscsssssscescssssscsssescsssoeees 1 A. GeTerall........ccccccssoscscsccsssccscsesssccsscccsssscsnsesessensesesssenesssssssssessscsarescesscsssecsnscessasees 1 1. Purpose and Intent... eee eecceceenecnsecneceeeseeeeceaesaeeseeesessesesesseeseesaeenaeeeecseessessaeseesseesssesseaeeaseneseeees 1 2. Lawful mG. .s.... ass. sas.mmstm teste LAr AIEEE RS SEAS FOE A EY <0 SOE SEP no SOE SE STSE 5 TOSEUEEMEESSUERE #1 SESE. 1 3. Best Practices. .......cccccescesscesscceesceeeececeseseaceeeecsanersaeeeecaecseesesecsceesaeeesaecsaecnscessaeeeeteesaeesrsesseeeeenseesasenees l B. Subdivision Plan Application Review Types. .............ssssscsccssccssesssssescsessscnsscnesssssessecseessssssssssoooassoes 1 C. General Stipulations and Conditions. ...............ccscsccssccsscsscescccessccscssescecssasssesesesesersnseess 2 1. Compliance with Land Development Regulations. ...............eecsecceeseeeeeeeseeesscessneennetseceesesseecesevaeenees 2 2. Transfer of Property Regulated. .............cecceccceesceeeeceeeeenseeseeeseeenneseneseneeeseeceaeeeaeesseeseaseneceeseerseeseaeeeaeesaes 2 3. Subdivision by Metes-and-Bounds Description Prohibited... eee cece eeseeeeeeeeeeecreeseserseeeenneeneenees 2 4. Site Development and Construction Regulated. 0.0.0.0... eee eseeeecseesseeeeeeeesesecascnsecssesevscssnacssonssnsenaee 2 SECTION 2.0 SUBMITTAL AND REVIEW PROCESS sscsscssscssecsecssecscescsesssessssecsesessssecesessesesves 3 SECTION 3.0 SUBDIVISION PLAN EXEMPTIONS (EXSP) A. Applicability. ... RATS FTES SO ESET 3 1. Dedication of Easement or Right-of-Way. ............:ccccsccsssesseseceseeseeeneeseeeneesesecesareneceaecseeesseeetaeeneeteeats 3 B. Formal Application. ..............cccscssssesssssesecesesscsosnes 4 C. Required Materials. ..............sscccscscsssssssserscessscoeeeones 4 SECTION 4.0 MINOR SUBDIVISION PLAN (MNSP) 4 A. Applicability. ...........cscsscsssessssesesees 4 1. Lot Lime Adjustments. 0.0.0.0... ccccccececsseceseeeseeeececenessaeceneccascsececsnecseeseaesesaeesseessaessaesesscesseesessseenseesneeses 4 2. Lot Splits (2-5 Lots)... cece cceceeecccenceeseeesseesseeseseeeaeseseeseeceeeseesnaeeeaeesesesessessseseseessasesseeesesnensessesseeegs 4 3. Lot Combination. 0.0.0... ccccccsecesccesseceneeesceceaeecsnercaecsanecseessceesceesaeesseseseesscecnsseseseceeasnessaesaseresseseaeesnenge® 4 B. Formal Application. .................ccssccscscssccscesereensesesnsees 4 C. Number Of Lots, ..........ccccssccccssscssscsecssesesccecevscessceessecssesssvassscsssasesesescess 4 D. Required Materials. .............ccccssccscssesssessscescsescsesscenssessecessseees 4 E. Improvement Pla. ...............cccscccscccsceseonseeencsersnsceecnesennees 5 F. Final Plat Requirement. SRE le 0S SERS U STO SUES ONA UOTE 5 G. AGGFESSING 5 cecscnseseesceecnsescesescoeromenmmsnseseorenseucerenen comensness 5 SECTION 5.0 MAJOR SUBDIVISION PLAN (MJSP) 5 A. Applicability. ............cccscssssssssssssscsscscscssscsssesssssseaseres we B. Procedure. ..........sccscscssccssscssscssssesssccsssesnscsssssoscsssosecasesssees 5 1. Standard Review Submittal... eeeeeccseceeeseecseeeeseteneesseeeseeeneessnessaeeeseesesterseeceasessesessreeesnseesseesaase 5 2. Alternative Review Submittal... ccc eeeseecnecenecneceseeneescssecssecseessecsssesecseesseeseuseseessesesessseeneteneaeneegs 6 C. Plan Requirements..............cccscscscsssscscssscsssscsssssssesssssassvsscssessescssessesscoes ma 7 1. Preliminary Subdivision Plan Sheet Format. 20.0.0... ce cceecessseceeeeeeeersseceeseesescnsesesescesessessesseseesessaseseegs 7 2. Gemeral Information. 00.0... cee eeceeceeseceeeenecesceesecreeeeeeceeecsessseesecesesescneesseessesesessessenssssessssnessoneuseeseseeeees 7 3. Existing Conditions. ...........ccecceseeeceseceneceeseesenecsscesneeeseeeseeeseeenseseneseseessseceseecsseesssesssesesscessssesessesseesenases 8 4. Proposed Development. .......... ccc ceceecesecereeteeserenereneesescseeseceseceeessseneecseesuseseseessesuessssseesuesseecseesseneeeeeeseses 9 5. EX Ceptioms. ........cecceseeeeeesrecenccesneceseceeeceaeessnecssaeesnecscecseasnseenssenseecsaresseeesaesenseceeasensesseasssssseessenerasenees 11 D. Addressing. ..........sccscccsscssesescvsssssccscscsecsssescsceeeseseesssees wee 11 E. Improvement Plam. ...............cscssssecsscscscccescacccscccceserssssccsconscsscessessasesescssacesececcsessssssensccessesecssscsensecs 11 F. Final Plat Requirement. .................cscccssssossscscessseessssescosessnsnsssssessonaes we seccescesecsscseossceoesaees 11 G. Building Permits.................cccsssssscsscssccsccnssssessssssesecsssscesssccssesssassecssassessessecsssssecssescecsscasscsscsaesenses 11 SECTION 6.0 SUBDIVISION IMPROVEMENT PLAN (SIP) .........cscsscsscsescescsesecsscescscsseseesscssssessecsserees 12 A. Applicability. ..............csscscccccscssesessccesssersssesssecsssesecssssesscscnssesessssssesscssecssssesecesccesecesscsesecesscesessacseassonsesasees 12 B. Procedures. ..........ccsccssssoseressscosscseoess aticseonscacense 12 1. Formal Application, ........0..ccccceccsessccsscesseeesececeeeeecssecenscesueceseceasenseeeaeecsessssesseecsueeeseeeseesaessesseseeesas 12 2, Referral fo City AEM, wn sams. cbetonk MitenedeReSndade Bane Mi SeeBe Tiemenstle oo sBaneaSnedanahaesedase +e sil Lansenane ase 12 3. Reapplication. 00.0... cee cesesccessecncesseeeseseeensessevseesseesecsecaecssevsecseseseesecaeensessecsseeseseaeseeaesseneseeesaeeaees 12 C. Requirements.............ccsccccscsscscsescccsssscsceessesersssscsssccssssessssscsssesssesssssscscssseesesessesessssesseeee 12 1. General Requirement. ...........ccccceccccecccessecsseenecesceceseeeseesscecesceeseeeeecsseesesesesseseseeeeeseaeceseeseseessessaeenses 12 2. Sheet Data, Size and Scale... ccc ccccccesscccsscecessecesseeecssescssneecseccesseseseseseseseseessesesssessssersesteeseeeees 12 3. Required Information. ..............cccccceccessceseeseceseesecenecseesseecenseeceeeseceeenesaneceesaesscesseseeeseeueeesseetaeeeeeseenees 13 SECTION 7.0 SITE DEVELOPMENT PERMIT ...........csscsccssssessceeseeses 13 SECTION 8.0 FINAL PLAT ..............csscsssssssssccseessssecscccssccsccesessscsssssnsssscesessassccsssssccsecenessserscesecsesseres .14 A. Applicability. ..............scccscccssssccsssscsssrsscscsesssscessssesoesees 14 B. Procedures. ...........cssssecoressressevsseversscssscessssssssscsesseecssosssesssssscssosseescnsssasssscsessensossseseesssessoessessssseseessesseesees 14 1. Formal Application, ......0.....cccccescceseecseeeseeseeececeeseseneceneesecacessecenesareaasaesecnessesnesaeesaeenessecacereeatenseeats 14 2. Administrative Official's ACtiOn. 0.0.0... ce cscessscecseeneceserseessecsesescenesecessecesesserseesnerseseaeesesseesseeeeaeseresaes 14 3. Action by the City Commission. .............:ccecceccesceeeceeeeeseeseeeeeceeecsecsceeseeseeaeesesseseaceseceaeseeeaeseseseneesarensees 14 C. Requirements..............ccccccsossccsssssseseccsseesers 14 1. Final Plat Sheet Format... 0... eeccscessccssesseeecsnecseessesseeesecnsecsecsessavseeeaseaecsaesaecesenaeeeeesaseserseeeaesees 14 2. Required Information and Data. ...........ceeeseseesesceeeeeseeneeseserenersesenesavsessesesaeeneseeseesnesaceacateesaeeasaeeeeers 15 3. Mylar. cee. eescecscccescesnecseeeeseeceeeescecssecsneceasceseceseseseeeseeeesecececeseceaeeessecseeeaaeesseeaeeesseseeeeeeseasseesseeeeenenees 16 4. Effect of Final Plat and Improvement Plan Approval. .............cc:cccscsecesseseeeseeseeeeeaeeeseeecenesesseeseeeseeats 16 D. Recording of Final Plat. jo SETSARe SUTCSUGD ASUUSAREVESA SUL SSOHUENTelBe SAASUSNG GASB CUESTA 0 oo TWUTS 5 90 SURENGWTA AAUOUENESING SUSS® 16 SECTION 9.0 VACATION OF PLATS ........csscssssscsceeseseeees 17 A. By Owner...... 17 1. Formal Application, 000.000. cseceeeeeeeeseeseeneeeseseneceesaeenesaeceaecaeecaasaesesssessessessaeesaeeneseeseneeesnetaeeenss 17 2. Required Materials. ............cccccccscccssscesceeseceeccseceesecesasceseeeseceeaeceaeessaeeesecaeenseceaeceseeesaeensceserseseseseeeeeas 17 3. Decision and Recording. ........... cc ceseesceseseeseccesnenecscesecesceseeaceseseesseesessaseesassassaesassaeaeavencarseeneeseatenee 17 B. By City Commission, ..............cscsssscsscrssssesscesesessssscessserscasens = 17 SECTION 10.0 REPLATS, RESUBDIVISION, AND CORRECTIONS 18 A. Substantially Similar Plats. ...............sccscsscsscsecveccssscesessscsescsecsasesesess 18 B. Corrective Plats. ...........sssscscsccsssscsscesesesssccssccesesensesscssseceesases 18 SECTION 11.0 VACATION OF RIGHTS-OF-WAY AND EASEMENTS 18 A. Required Documents. .............cccsccsccssscccscssessessesssscccecsscssssssssvacssecsonsesessassecssessassocssasssesesssesseesesscesoesonsces 18 B. Public Notice.............ccccscsssscssscsscsesccsssccscccesececesessssccesnsccssssesassasceesecssscessssscscsesesecssceesceeees 18 C. Property Posting............ccccsccescsescssscecsescscvescsscscarsesasecssersescesescsesescssscasescessssesesesceseenes 18 D. City Commission. ..............scccsscssssscssssescscsscscsssssssesscsssscscsesesessssosesevasessssevascsssosassscesssasesasevcsonssscnasessssoosse 18 ARTICLE II SUBDIVISION AND PLAT PROCEDURES SECTION 1.0 INTENT OF SUBDIVISION PLAN REVIEW A. General. 1. Purpose and Intent. The intent of subdivision plan review is to: a. Set forth uniform procedures, well-defined application processes and information requirements that ensure that the subdivision of land within the City is consistent with all applicable minimum development standard and controlling State law; b. Ensure that the approval of such subdivisions will be based upon the provision and availability of adequate public facilities and services coincident with the impact of the subdivision's development within the immediate area surrounding the site; c. Ensure that the subdivision is compatible and coordinated with existing and anticipated development within the immediate area surrounding the site; and d. Maintain consistency with all applicable laws including but not limited to, Chapter 177, Florida Statutes. 2. Lawfulness. Any deviation from the provisions of this Article, unless specifically stated herein or allowed by other provisions of the LDR, the Administrative Official, or as granted in a development order, is prohibited and unlawful. 3. Best Practices. All reviews and determinations of the provisions within this Article by the Administrative Official shall be to implement the purpose and intent of this Article together with sound and generally accepted land use planning practices and principles. B. Subdivision Plan Application Review Types. Each of the review processes herein are intended to define the relationship and differentiate between overall and specific subdivision design considerations, technical engineering and construction requirements and platting requirements consistent with Schedule N — Subdivision Requirements. The authority to approve the various plan es are found in Table 1.0.B. The description and specific review requirements of each type are listed in through Section 8.0. II-1 Table 1.0.B — Application Types and Authorities Subdivision Application Type Acym. | Process Final Decision Body Exemption Plan (ROW and Easement Dedication) EXSP | Administrative | Administrative Official Minor Subdivision Plan MNSP | Administrative | Administrative Official Major Subdivision Plan MJSP | Quasi-Judicial | City Commission Subdivision Improvement Plan “ SIP | Administrative | Administrative Official Site Development Permit SDP | Administrative | Administrative Official Final Plat SFP | Quasi-Judicial | City Commission Master Plan ®) MP | Quasi-Judicial | City Commission Notes: 1. Subject to Final Plat approval process, Section 8.0. 2. Required for developments that will be subdivided in phases or include a mix of residential and non-residential areas, lots, tracts, or parcels, this includes all planned development projects. subject to C. General Stipulations and Conditions. The following provisions shall apply to all land modification of boundaries or development: 1. Compliance with Land Development Regulations. No subdivision of land within the City shall be made, platted, or recorded, nor shall any site development permit or building permit be issued, unless such subdivision meets all applicable requirements and provisions of the LDRs. 2. Transfer of Property Regulated. No owner or agent of the owner of any parcel of land located in a proposed subdivision shall transfer or sell any such parcel before a final plat of such subdivision has been approved by the City Commission in accordance with the provisions of the LDRs and recorded with the Clerk of the Circuit Court. 3. Subdivision by Metes-and-Bounds Description Prohibited. The subdivision of any lot, tract or parcel by the use of metes-and-bounds description or other similar means for the purpose of sale, transfer, or lease with the intent of evading the LDRs shall be considered a violation of the LDRs and shall be considered to be void and invalid by the City. This provision shall not be construed to prohibit the conveyance of any lot, tract, or parcel that has been created subject to the requirements of the LDRs. 4. Site Development and Construction Regulated. No site development permit or building permit shall be issued for the construction of any building or structure located on a lot, tract, parcel, or plat subdivided, sold, leased or otherwise transferred or identified in violation of the provisions of the LDRs. Y-2 EF tents SECTION 2.0 Subdivision Improvement Plan SECTION 3.0 A. Exemption Plan Minor Subdivision Plan_ Major Subdivision Plan Site Development Permit Final Plat SUBMITTAL AND REVIEW PROCESS Chart 2.0. — Submittal and Review Processes by Type Application Process Application Submittal and Review Administrative Determination Application Process Pre-Application Conference Citizen Awareness Participation Plan Application Submittal and Review Administrative Determination Application Process Pre-Application Conference _ Citizen Awareness Participation Plan Application Submittal and Review City Commission Determination Application Process Application Submittal and Review Administrative Determination Application Process Application Submittal and Review Administrative Determination Site Inspections of Construction Progress Certificate of Completion _ Application Process Application Submittal and Review City Commission Determination Plat Recorded and Fee Paid SUBDIVISION PLAN EXEMPTIONS (EXSP) Applicability. Improvement Plan Project Complete Submit Site Development Permit Submit Subdivision Submit Site Development Permit Submit Final Plat Project Complete The following types of land modifications are excepted from major subdivision plan, subdivision improvement plan, and final plat requirements. 1. Dedication of Easement or Right-of-Way. Dedication of an easement for drainage or utilities or dedication of land for public road right-of-way as a condition of development plan approval shall not occur in conjunction with an accessway to a lot, tract, or use. II-3 xx/RX/KX Ord. No. Return to Table of Contents B. Formal Application. An en shall provide such plans and information to the Administrative Official pursuant to Article I, C. Required Materials. Along with the information required within the online application, the applicant will need to prepare and attach to the application the following documents: 1. Survey of existing boundaries, lot lines, easements, etc. 2. Legal description of existing parcel. 3. Survey of proposed boundaries, lot lines, easements, etc. 4. Legal description of proposed parcel. 5. Owner affidavit form. 6. Title search, if deemed appropriate by the Administrative Official. SECTION 4.0 MINOR SUBDIVISION PLAN (MNSP) A. Applicability. The approval process for a minor subdivision plan is a PRS level review that is completed upon a decision of the Administrative Official. A minor subdivision does not involve the dedication of streets or easements to the City or the provision of access of utilities to a lot, tract, or parcel by means of a right-of-way or easement. All lots must have access to an existing right-of-way to qualify for minor subdivision plan approval. The following types of land boundary modifications are exempted from major subdivision plan or subdivision improvement plan requirements. The types of minor subdivision processes are as follows: 1. Lot Line Adjustments. The rearrangement of lots or tracts in an existing subdivision for the purpose of constructing one-family dwellings to be located on one lot or tract per dwelling unit when all lots, tracts or parcels have frontage on existing streets. A lot line adjustment shall not result in the creation of additional lots, tracts, or parcels. Lot Splits (2-5 Lots). A lot, tract, or parcel being split when the division of a parcel does not result in the creation of more than five parcels. All parcels shall have frontage on an existing public street right-of-way and only one such lot or tract split may occur for a parcel or parcels under common ownership or interest or the successors of such ownership or interest within a period of five years. . Lot Combination. When two or more lots are combined into a single lot, parcel, or tract and the resulting combined property will comply with required minimum configurations pursuant to Schedule C and frontage on a public right- of-way with existing street access. All lots to be combined shall be under common ownership prior to the combination. B. Formal Application. Application shall be submitted and reviewed pursuant to Section 7.0. C. Number of Lots. Maximum of five parcels or lots. D. Required Materials. The minor subdivision plan shall include all documents identified in Section 8.0. 11-4 Return to Ord. No. KXXKXX Table of Contents E. Improvement Plan. As no public utilities or services are included in the review and approval of the minor subdivision plan, a subdivision improvement plan is not required to be submitted. Therefore, the minor subdivision plan will be the controlling document, unless approval of the final plat is required at which time the final plat shall control. F. Final Plat Requirement. A final plat application shall be submitted, in accordance with Section 8.0 of this Article, after the approval of a minor subdivision plan for non-residential parcels with existing development. A final plat is not required for residential or vacant non-residential properties. The Administration Official shall have the authority to require a final plat be submitted at any time and any and all stipulations and conditions deemed necessary. G. Addressing. An application for addressing shall be submitted concurrently with any lot split application. Addressing shall be assigned and approved prior to the approval of the lot split. SECTION 5.0 MAJOR SUBDIVISION PLAN (MJSP) A. Applicability. The major subdivision plan process is a PRS level review and recommendation by the Administrative Official that is completed upon decision by the City Commission. The approval of this plan shows the location of all proposed lot lines, easements, rights-of-way, sidewalks, parcels, tracts, open space, setback lines, common areas, parking lots, fences, and walls, and required buffer areas. The approval of this plan creates limited entitlements specific to lot layout and design. The elements of this plan will be carried forward as the basis for the design of subdivision improvements such as roadways, utilities, storm drainage and landscaping as part of the subdivision improvement plan process. Compliance with the major subdivision plan review procedures and requirements set forth in this Article shall be required prior to one or more of the following actions: 1. The division of land into three or more parcels; 2. The dedication of streets or easements to the City; or, 3. The provision of access or utilities to a lot, tract or use by means of a right-of-way or easement established after July 27, 1992. B. Procedures. The applicant shall initiate a major subdivision plan review procedure as set forth in this Section and shall be approved prior to the initiation of the subdivision improvement plan review procedure for the parcel in question. The procedure for the review of a major subdivision plan may be processed through either a standard or alternative review, the applicant must inform staff as to which process they will follow as they will not be permitted to change processes after the application has been deemed sufficient. The two processes are as follows: 1. Standard Review Submittal. Standard review submittal of subdivision plans shall be as follows: a. Formal Application. The application shall be submitted pursuant to Article I, The major subdivision plan and supplementary materials shall be in the form prescribed in Section 8.0, Plans stating, "Not For Construction," "For Review Only," or any such similar wording shall not be accepted. II-5 Return to Table of Contents b. Transmittal to City Commission. The City Commission shall acknowledge receipt of the subdivision plan at a regular City Commission meeting. The City Commission is not required to take action upon the subdivision plan other than to acknowledge receipt of same provided, however, the City Commission has the authority to review and comment upon the subdivision plan. Recommendation by the Planning and Zoning Commission is not required. c. Time Limits and Extension. City Commission action to approve or approve with conditions upon the proposed subdivision plans shall be valid for a period of one year. Subdivision improvement plan procedures must be initiated within that one-year period to maintain the subdivision plan as active. d. Final Plat Requirement. Application procedures for major subdivision plan review shall include, but not necessarily be limited to, compliance with final plat procedures, pursuant to Section 8.0 and requirements set forth in this Article. The Administration Official shall have the authority to require any and all stipulations and conditions deemed necessary. A final plat shall be recorded prior to submittal of any building permits. 2. Alternative Review Submittal. Alternative review submittal shall be consistent with Section 177.073, Florida Statute, and the following: a. Formal Application. The application shall be submitted pursuant to Article I, The major subdivision plan and supplementary materials shall be in the form prescribed in Plans stating, "Not For Construction," "For Review Only," or any such similar wording shall not be accepted. The Soe information shall be provided at time of submittal in addition to the requirements of Article 1) A building permit plan shall be submitted that identifies the exact parcels of no more than 50 percent of the homes proposed to obtain a building permit prior to recording of the final plat with the Clerk of Circuit Court. 2) An engineering plan or subdivision improvement plan shall be submitted as a separate application concurrently with the major subdivision plan for approval. 3) An addressing application shall be submitted as a separate application concurrently with the major subdivision plan. This application shall provide at least three name options per street for the subdivision for the creation of valid addresses. Any application submitted without sufficient names may result in an insufficient major subdivision plan, subdivision improvement plan and addressing application. b. Addressing and Parcel Identification. Addressing and temporary parcel identifications shall be provided to the applicant within ten days of the approval of the major subdivision plan by the City Commission. However, rejection of address street names by 911 services, or other authority relative to the addressing of property, shall be just cause for the addressing to be held from the applicant beyond ten days. c. Utility Providers. The applicant shall provide proof that a copy of the approved major subdivision plan has been provided to the relevant electric, gas, water, and wastewater utility providers. d. Bonds. The applicant shall submit a performance bond for 130 percent of necessary infrastructure improvements prior to the issuance of any building permits. II-6 Table of Contents e. Sale of Property. An applicant may contract to sell but may not transfer ownership of any structure or building until the final plat has been approved, recorded by the Clerk of Circuit Court, and all recording fees paid. f. Building Permits. Building permits shall be issued only for those lots identified in the building permit plan. After the major subdivision plan is approved no adjustments or redesignation of lots to be issued a building permit prior to final plat shall be permitted. f. Certificate of Occupancy. An applicant may not obtain a temporary or final certificate of occupancy for any structure until the Final Plat has been approved, recorded by the County Clerk of Court, and all recording fees paid. g. Indemnify and Hold Harmless. The City, its City Commission, its employees, and its agents shall be indemnified and held harmless from liability or damages resulting from the issuance of any building permit or the construction, reconstruction, improvement, repair or demolition of any building or associated utilities located within the subdivision if such structure is constructed prior to recording of the final plat. Additionally, the same shall be held harmless from any liability or disputes resulting from the issuance of a certificate of occupancy for a structure that is constructed, reconstructed, improved, or repaired before the approval and recordation of the final plat. This indemnification includes, but is not limited to, any liability and damage resulting from wind, fire, flood, construction defects, bodily injury, and actions, issues, or disputes arising out of a contract or other agreement between the developer and a utility operating in the subdivision. C. Plan Requirements. All major subdivision plans and required supplementary materials shall cover the entire parcel proposed for development unless such subdivision plan and required supplementary material is based on a master plan approved and filed with the Administrative Official in accordance with Article IV, Section 5.0. All subdivision plans shall contain at least the following data and information: 1. Preliminary Subdivision Plan Sheet Format. Subdivision plans shall be drawn at a scale of one inch to 100 feet or larger. The maximum sheet size for subdivision plans shall not exceed 24” by 36”. Multiple sheets may be used provided each sheet is numbered and the total number of sheets is indicated on each sheet. All sheets shall-be submitted in a digital format acceptable to the Administrative Official. Cross referencing between sheets shall be required. Necessary notes and symbol legends shall be included. Abbreviations should be avoided but if used they shall be defined in the notes or in a key or legend on each sheet. 2. General Information. All of the following information shall be shown on the plan unless otherwise permitted by the Administrative Official. a. Identification. "Major Subdivision Plan" shall be listed on each sheet. b. Legend. The legend shall include the following: 1) Name of Development. 2) Proposed Street Address. 3) Acreage. 4) Scale. II-7 Return to Table of Contents 5) North Arrow. 6) Existing Zoning and Other Special Districts. 7) Preparation/Revision Date. 8) Tax Parcel Identification Number (Assigned by the Seminole County Property Appraiser). Name, Address and Phone Number. A name, address, and phone number shall be provided for the following: 1) Owner. 2) Owner's Authorized Agent. 3) Engineer. 4) Surveyor. 5) Others involved in application. Vicinity Map. A vicinity map showing the relationship of the site to surrounding streets and public facilities at a scale of 1":2000' or larger. Legal Description. The legal description shall be shown on the cover page. Name of Subdivision. Every subdivision shall be given a name by which it shall be legally known. The name shall not be the same or in any way similar to any name appearing on any recorded plat in the county, pursuant to F.S. § Ch. 177.051. It also cannot be a street name, a number or symbol. 3. Existing Conditions. All of the following information shall be shown on the subdivision plan unless otherwise permitted by the Administrative Official. a. Ord. No. XX-XXXxx Streets. Both on and within 50 feet of site, including: 1) Name. 2) Location. 3) Right-of-Way Width. 4) Driveway Approaches. 5) Medians and Median Cuts. 6) Curb-cuts. Easements. Indicate location, dimensions, purpose, and maintenance responsibility. Utilities. Provider, type location, and size of all utilities shall be provided. On-Site Improvements and Uses. All on-site improvements and uses are to be clearly shown. Adjacent Improvements, Uses, Parcels and Zoning. Identify and show, a minimum of 50 feet from the property boundaries, all adjacent: 1) Buildings or structures. 2) Curb cuts, accessways, streets, other vehicular use areas. 3) Drain-fields and wells. II-8 Return to le of Content 4) Other impervious surfaces. 5) Zoning districts. 6) Easements. 7) Sidewalks. 8) Utility and drainage facilities. f. Topography. At 1-foot contours (elevations based on mean sea level datum preferred) and extending 50’ beyond the property boundaries. All elevations shall be based on mean sea level datum and referenced to the United States Geodetic Survey or its equivalent. Note on the plans the benchmark used, its designation, location, description, and elevation as described in the Seminole County Vertical Control Points and Elevations Manual. g. Soil Type(s). All soil types shall be noted as identified in the Soil Survey, Seminole County, Florida, U.S.D.A. Soil Conservation Service or other competent expert evaluation. When soil suitability limitations are indicated for the proposed development, the City Engineer may require a preliminary soil analysis by a qualified soils engineer. h. Drainage. As identified on Map Water Resources of the Comprehensive Plan. Depict and explain existing surface drainage characteristics of site including relationship to adjacent land areas and sub-basin. i. Wetlands. As identified by Future Land Use Map of the Comprehensive Plan as Resource Protection (RP), the St. Johns River Water Management District Wetlands Mapping or other competent evaluation. j. Wellfield Protection Zones. Indicate whether or not the parcel is located within a wellfield protection zone as identified by the Wellfield Protection Zone Maps on file in the Department of Engineering and Planning. k. 100-year Floodplain. If applicable, indicate 100-year flood elevation, minimum required habitable floor elevation and limits of 100-year floodplain for all land areas located within Zones "A" and “AE” for the parcel in question as identified on , Water Resources of the Comprehensive Plan, and the Flood Insurance Rate Map by the Federal Emergency Management Agency. l. Surface Water. Approximate normal high-water elevation or boundaries of existing surface water bodies, streams, and canals, both on and within 50 feet of site. m. Existing Vegetation. Identify existing vegetative communities including forest cover types as well as wetland types as identified by Map I-9, Vegetative Communities of the Comprehensive Plan, the St. Johns River Water Management District Wetlands Mapping, or other competent evaluation. n. Aquifer Recharge Areas. As identified on Map I-1, Water Resources of the Comprehensive Plan. . Proposed Development. All of the following proposed information shall be shown on the plan unless otherwise permitted by the Administrative Official. -9 Return to Table of Contents a. Lot Layout. The proposed lot layout shall include: 1) Lot and Tract Sizes, Dimensions and Shapes. 2) Proposed Use for Lots and Tracts. 3) Sequential numbering of lots, blocks and tracts or other proper identification. 4) Number of Dwelling Units - By lot, by type of dwelling unit and total. 5) Density - By type of residential land area (one family, two family, mobile home or multiple family) and for total residential land area. 6) Net Density - Same as e., above, except excluding land area that is unsuitable for development. 7) Nonresidential Uses - Indicate maximum potential building coverage in square feet. b. Required Yards, Setbacks, Buffers, and Parcel Width at Building Line. For a ‘typical’ lot, as well as an irregularly shaped or irregularly located lot, the following information shall be indicated: 1) Location and dimensions of all required yards, setbacks, buffers along parcel boundary lines and parcel width at building line along all proposed lot or tract lines. 2) Direction of drainage flow. 3) Typical location, in terms of setbacks from front, side and rear property lines, of mechanical equipment, accessory structures, screen porches, overhangs, decks and pools. c. Circulation System. The following information shall be included: 1) The location and dimensions of: a) Streets, Right-of-Way Width and Street Name. b) Sidewalks. c) Traffic Control Devices. d) Medians. e) Curbing. 2) An analysis of the traffic circulation and related impacts based on requirements in Level of Service Requirements and Methodologies. d. Natural Vegetation Protection. Identify existing trees or tree groupings, wetlands, and other natural vegetation to be retained and explain or illustrate method to preserve such features both during and after construction. Identify such features to be removed and state and/or explain reasons and/or justification for removal. e. Public and Semi-Public Lands and Facilities. Identify location and dimensions and explain maintenance responsibility and ownership of all lots, tracts, easements, and improvements that are proposed to be in common or public ownership. f. Potable Water Supply and Wastewater Disposal System. Indicate required capacity, available capacity, provider, general location and size of lines and connections. g. Fire Protection. Indicate the location of proposed hydrants. [I-10 roll ctun Ord. No. KXGXXXX Table of Contents h. Reclaimed Water System. Unless the proposed subdivision is exempt from the City's reclaimed water system regulations, indicate the amount of reclaimed water to be utilized and method of application on the site including the location and size of lines and connections. i. Topographic Elevations and Preliminary Drainage Plan. Indicate proposed topographic elevations at one foot contours, direction of flow, proposed methods of stormwater retention, proposed drainage improvements, proposed outfalls, drainage easements and preliminary engineering calculations; mean sea level datum preferred. j. Typical Construction Details. Illustrate, by cross section or other appropriate method, the typical construction type, dimensions, size, and material specifications to be utilized for streets, water retention areas, berms, sidewalks, culverts, swales, walls, and other required and proposed improvements. 5. Exceptions. Any applicant may request that required information described in Paragraphs 3 and 4 of this Section be omitted from the proposed subdivision plan; provided however, that such request shall be subject to the following requirements: a. The request shall be in written form and shall be submitted with the proposed subdivision plan. b. The request shall identify the information, item or data that is proposed to be omitted from the proposed subdivision plan and shall fully explain the reasons that such information, item or data does not apply to such plan. c. The Administrative Official has the authority to accept or reject any such request. . Addressing. An application for addressing shall be submitted concurrently with any major subdivision application. Addressing shall be assigned and approved prior to the approval of the subdivision. Addressing must also be assigned prior to release of any building permit. . Improvement Plan. A subdivision improvement plan is required to be submitted within one year of the approval of the major subdivision plan. The major subdivision plan will be the controlling document until the approval of the subdivision improvement plan. . Final Plat Requirement. A final plat application shall be submitted, in accordance with Section 8.0 of this Article, after the approval of a subdivision improvement plan. The final plat shall become the controlling document for the subdivision after it has been recorded with the Clerk of Circuit Court. The Administration Official shall have the authority to require any and all stipulations and conditions deemed necessary. . Building Permits. Building permits shall not be issued for any structure of a subdivision that was approved through the standard process prior to recording of the final plat in the Clerk of Circuit Court. Building permits may only be issued before the recording of the Final Plat for those Subdivision Plans that have been reviewed through the alternative approval process pursuant to Section 5.0.B.2. This does not apply to model homes. I-11 Return to Table of Contents SECTION 6.0 SUBDIVISION IMPROVEMENT PLAN (SIP) A. Applicability. Subdivision improvement plan review shall be completed upon decision of the Administrative Official. This process is for the review and approval of the engineering design of all site improvements consistent with the layout of the approved major subdivision plan. On-site conditions that require a minor modification to the location of easements or property lines from what was approved in the major subdivision plan may be allowed within this process. Any significant adjustments to prior approved property line location may require re- review through the major subdivision plan review process, as determined by the Administrative Official. B. Procedures. Improvement plan review procedures may be initiated after approval of the major subdivision plan for the parcel in question. Subdivision improvement plans shall be processed as follows: 1. Formal Application. The applicant for a subdivision improvement plan shall submit the required plans, supplementary materials and the fee to the Administrative Official subject to Article I, . The subdivision improvement plan and supplementary materials shall be in the form prescribed in Section 8.0. Plans stating, "Not For Construction,” "For Review Only," or any such similar wording shall not be accepted. 2. Referral to City Attorney. The Administrative Official shall transmit a copy of any proposed legal instrument or agreement included in the proposed subdivision improvement plan to the City Attorney for review. 3. Reapplication. If the Administrative Official enters their decision to deny a proposed subdivision improvement plan or approve the same subject to modification, the applicant may at any time within 30 days following the date of such decision file an amended subdivision improvement plan and supplementary material whereupon the same shall be received, reviewed and acted upon in the same manner as if it were an original application for approval of a subdivision improvement plan and no additional fee for such application shall be required, except for recording fees. C. Requirements. All subdivision improvement plans and required supplementary material shall cover the entire parcel covered by a major subdivision plan for the parcel in question. All subdivision improvement plans shall contain at least the following data and information: 1. General Requirements. In general, subdivision improvement plans shall be suitable for contracting and construction purposes. The subdivision improvement plan shall show those improvements that are required; and which are assured by bond or improvement agreement; and which must be satisfactorily completed before the bond or escrow is released. 2. Sheet Data, Size and Scale. Subdivision improvement plans shall be drawn at a scale of one inch to 50 feet or larger. Sheet size for subdivision improvement plans shall be 24” by 36”. Multiple sheets may be used provided each sheet is numbered and the total number of sheets is indicated on each sheet. Cross referencing between sheets is required. Necessary notes and symbol legends shall be included. Abbreviations should be avoided but if used they shall be defined in the notes or in a key or legend on each sheet. I-12 Re to Ord. No. Table of Contents a. The identification "Improvement Plan", the date, scale, revision date (if any), development name, and other such information shall be shown in a convenient grouping in the lower right-hand corner of every sheet, preferably in a conventional title block. b. Each copy of an Improvement Plan submitted to the Administrative Official shall bear the original signature and seal of a professional engineer licensed in Florida and authorized by the applicant. 3. Required Information. a. Civil Engineering Construction Drawings. Provide civil engineering construction drawings of all infrastructure, utilities and subdivision improvements including all technical specifications, profiles, and geometry. Such improvements shall include but not be limited to road construction, grading, drainage facilities, signs, sodding, streetlights, and other construction. b. Soil Tests. In tabular form, indicate results of test holes including soil types and water table information found at each location. At least one such test shall be conducted every 500 feet of road construction and at the center of each proposed water retention or detention area. c. Final Drainage Plan. Include topographic elevations at one-foot contours for the parcel in question and at least 25 feet beyond the parcel, final computations for stormwater retention and construction drawings of all related improvements; mean sea level datum preferred. d. Fire Protection. Indicate hydrant location and type of internal fire protection systems to serve buildings. e. Landscape Plan and Tree Protection. Identify material specifications, planting/removal/relocation instructions and irrigation system location and specifications. f. Ownership and Maintenance. Provide a detailed statement of method of assuring the perpetual ownership and maintenance of permanent open space, recreational facilities, or other common purposes or improvements shall, when utilized, include draft copies of covenants, agreements, dedications, stipulations, common vehicular access agreements, property owner association articles and other applicable documents or legal instruments. SECTION 7.0 SITE DEVELOPMENT PERMIT A site development permit application shall be submitted pursuant to the review process and procedures as identified in Article L Section 7.0.C. A, A site development permit shall be obtained, pursuant to Article III, 0, for the installation, completion, and maintenance of all required improvements, prior to the recording of any final plat. II-13 SECTION 8.0 FINAL PLAT A. Applicability. Final plat approval shall result upon decision by the City Commission. The subdivision plat that has been certified by the Administrative Official as consistent with the minor or major subdivision plan and subdivision improvement plans, shall be presented to the City Commission for approval. After all required site improvements have been installed and a certificate of completion has been granted by all applicable City departments, through the site development permit process of Article III, Section 6.0, the approved plat shall be fully executed and delivered to the Clerk of Circuit Court for recording in accordance with the provisions of Chapter 177, Florida Statutes, and Chapter: 5J-17, Florida Administrative Code, which shall prevail in the event of conflict with this Article. B. Procedures. The applicant shall initiate final plat review procedures set forth in this Section after approval of the minor subdivision plan or subdivision improvement plan. The final plat may be submitted concurrently with the initiation of site development permit review procedures. The procedure for review of final plats shall be as follows: 1. Formal Application. The application for review of a final plat shall be submitted in accordance with Article I, Section 7.0. and shall include the final plat, supplementary materials, and the fee to the Administrative Official. 2. Administrative Official's Action. The Administrative Official, in addition to Article I, Section 7.0.C.5 shall: a. Prepare a written recommendation to approve, approve with conditions or deny the proposed final plat and transmit such recommendation to the owner or authorized agent, and; b. Fix a date for consideration of the proposed final plat by the City Commission. 3. Action by the City Commission. The Administrative Official shall submit the proposed final Ppat to the City Commission for consideration. The City Commission shall consider and act upon the proposed final plat and thereafter approve or deny the final plat. Plats shall not be submitted to the Planning and Zoning Commission. C. Requirements. All final plats and required supplementary material for major subdivision applications shall cover all subject parcels included within the major subdivision plan or minor subdivision. The final plat shall conform to the subdivision plan in all respects except that minor variations in dimensions and alignment resulting from the more exact final computations and plotting will be permitted. All final plats for minor and major subdivision applications shall contain at least the following data and information. In addition to the final plat requirements, the City may require stipulations and conditions upon minor subdivision applications. 1. Final Plat Sheet Format. Final plat sheets shall be formatted as follows: a. Shall be drawn at a scale of one inch to 100’ or larger. b. The sheet size shall be 24” by 36”. c. A three-inch margin shall be provided on the left side of each sheet for binding and a one-inch margin shall be provided on all other sides of each sheet. d. Original sheets shall be of a durable reproducible mylar. Drafting shall be with black, permanent ink. f. North orientation shall be toward the top of each sheet. I-14 Xx/xx/xx Return to Ord. No. O able o ti 1OUK @ g. h. Lettering shall read from the bottom of the sheet or the right side of the sheet. No letter or number shall be less than one-eighth of an inch in height and stroke for letters shall be bold enough so as to be clearly legible. 2. Required Information and Data. The following items and information shall be shown on the final plat or submitted to the City as applicable: a. Title Block. Include the name of subdivision, the appropriate section, township, and range, and the words, "City of Sanford, Florida". Legal Description. Include bearings, distances, and references to a section corner tie. Acreage shall also be indicated. Vicinity Map. Showing the proposed subdivision in relation to surrounding streets. Monuments. Permanent reference monuments (P.R.M.), 30" long min. shall be located on all block corners if rectilinear, and at all P.C.'s and P.T's, if curvilinear, but in no case more than 1,000’ apart. P.R.M.'s shall be installed prior to submission of the final plat and in a manner prescribed by law. Monuments shall be installed at all corners, points of intersection and changes of direction of lines within the subdivision which do not require a P.R.M. or a P.C.P. Legend. Define all symbols, show stated and graphic scale, and display north arrow. Dimensions and Bearings. Provide sufficient data to determine readily, and to reproduce on the ground, the location, bearing, and length of each street right-of-way line, boundary line, lot, block or tract line, easements and building line, whether curved or straight, adequately correlated with monuments and markers. Delineate right- of-way lines, center lines, widths, and names of all streets and roads. Show radii, central angle, internal angles and lengths and points of curvature of arcs of all curved streets and curved lot, block, and tract lines. Numbering. Indicate lot, block and tract numbers and letters in conformity with Preliminary Subdivision Plan. All lots, tracts, parcels, or blocks shall be numbered sequentially. Setbacks and Buffers. Indicate required building setback lines for all lots and required buffers for all lots or tracts located along the subdivision boundary lines or fronting a Major Thoroughfare. Flood Plains and Surface Water. Indicate the location and edge of water of lakes, canals, streams, and other surface water bodies. Delineate 100-year flood plains by contour and elevation, which shall be based on mean sea level datum. II-15 Re to Table of Contents j- Dedications, Reservations and Easements. Indicate all dimensions, purpose, conditions, and stipulations. Also include a notice on the face of the plat that there may be additional restrictions that are not recorded on the plat that may be found in the public records (Official Records Book) of Seminole County. The Applicant shall coordinate with the utility companies and incorporate their easement requirements on the plat including locations and dimensions. The Applicant shall provide to the City written verification from utility companies that necessary dedications, reservations and easements are included on the plat. k. Adjacent Subdivisions and Streets. Delineate name, lot location, plat book and page number of abutting subdivisions and streets. l. Required Certificates. In accordance with State law and as set forth herein, the following certificates and signatories shall be shown on the first sheet of the final plat: 1) Certificate of the Surveyor who prepared the plat; 2) Approval of City Surveyor; 3) Approval of the City Commission as indicated through execution by the Mayor; 4) Approval of the Planning Director; 5) Dedication by Owners, including mortgagees by joinder, which may be by separate instrument that is recorded in the Official Records of the Clerk of Circuit Court; 6) Title Opinion pursuant to Section 177.041, Florida Statutes, as reviewed by the City Attorney. m. Conditions of Development Approval. If a development order, development agreement or ordinance has been executed in conjunction with this project, the conditions or reference to the Official Records Book and Page(s) shall be placed in the notes section on the final plat prior to approval by the City Commission. 3. Mylar. A mylar consistent with the approved plat shall be submitted to the City no more than eight working days beyond the City Commission meeting date that approved the plat, unless conditions of approval require additional administrative modification of the plat, in this case the mylar shall be submitted within eight working days the Administrative Official verifying and approving the final plat showing the conditions of approval. A plat is required to be recorded pursuant to Section &.0.D to be valid. A mylar not received within the indicated deadline may constitute an invalid or expired approval. 4. Effect of Final Plat and Improvement Plan Approval. Approval of a subdivision improvement plan for the parcel in question shall serve as the basis for the issuance of site development permits and approval of a final plat shall be the basis for the issuance of a certificates of completion. D. Recording of Final Plat. The Administrative Official shall certify that the final plat, the subdivision improvement plan, and all required supplementary materials, documents, agreements, guarantees, bonds, and instruments meet all requirements of the LDRs and shall transmit such certification to the City Clerk. Upon receipt of such certification of the Administrative Official, approval of the final plat by the City Commission and receipt of all required fees and documents from the owner, including proof that all taxes on the land have been paid, the City Clerk shall, within a period of 30 days, cause the final plat to be recorded in the manner prescribed by law by Section 177.111, Florida Statutes. II-16 Re to Table of Contents . Prior to the recording of the final plat, the installation, completion, and maintenance of all required improvements shall be guaranteed in a manner acceptable to the Administrative Official and in conformity with all applicable provisions of the LDRs. 2. No plat of lands in the City subject to the ZDRs 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 Commission in accordance with the provisions of the ZDRs. SECTION 9.0 VACATION OF PLATS Subdivision plats or a portion thereof shall be vacated as provided in Section 177.101, Florida Statutes and shall be initiated in one of the following described manners: A. By Owner. 1. Formal Application. The owner of any land subdivided into lots located in the City may apply to the City in accordance with Article I, Section 7.0 to remove, vacate and abandon an existing plat, or portion thereof from the Official Records of Seminole County by resolution. Required Materials. The applicant shall submit the petition, proof of publication of notice of intent, certificate of title, statement of taxes and resolution and a survey and legal description of the land area involved in the application as ee and signed by a registered surveyor and shall pay the fee established in the manner prescribed is Decision and Recording. The PRS shall review such proposed application, pursuant to Article I, Section 7.0, for vacation and transmit a recommendation to the City Commission. The application shall be acted upon by the City Commission. The applicant shall be responsible for payment of any fee for recording the vacation and the proof of publication with the Clerk of Circuit Court. B. By City Commission. The City Commission may vacate and abandon all or part of a subdivision located in the City by resolution. Such action may include the vacation of streets, lots, tracts, or other parcels. Such action shall be based on findings by the City Commission that the proposed vacation and abandonment: l. Is consistent with the Comprehensive Plan. 2. Promotes the public health, safety, economy, comfort, order, convenience, and welfare. 3. 4. Does not result in the owner of any parcel of land being deprived by the vacation and abandonment of the Does not result in a violation of the LDRs. plat or portion thereof in question, of reasonable access to such parcel nor of reasonable access there from to existing facilities to which such parcel has theretofore had access; provided, however, that such access remaining or provided after such vacation need not be the same as that theretofore existing, but shall be reasonably equivalent thereto. Before acting on a proposal for vacation and abandonment of subdivided land, the City Commission shall hold an advertised public hearing. II-17 Return to Table of Contents SECTION 10.0 REPLATS, RESUBDIVISION, AND CORRECTIONS A. Substantially Similar Plats. If a platted area is proposed to be re-platted and if the proposed plat is substantially similar in design, layout, and concept to the original plat, as determined by the Administrative Official, and, if all lots, tracts, streets and easements are in conformity with the LDRs, then only a final plat complying with the requirements of the LDRs is required. The original plat or portion of a plat of the parcel to be re-platted will be vacated and abandoned in accordance with 177.101, Florida Statutes, and prior or coincidental to approval of a final plat by the City Commission. Corrective Plats. In the event an appreciable error or omission in the data shown on any approved and recorded plat is detected by subsequent examination or revealed by a retracement of the original survey of the lands shown on the recorded plat, corrections may be made in accordance with Section 177.141, Florida Statutes. SECTION 11.0 VACATION OF RIGHTS-OF-WAY AND EASEMENTS In the manner prescribed by law, rights-of-way and easements may be vacated by the City Commission after an advertised public hearing is held on the matter. A. Required Documents. 1. An applicant requesting such action shall submit, at a minimum the following documents to the City Clerk: a Application; b Recommendation letters from utility companies; c. Survey with legal description of the area to be vacated; and d A fee established in the manner prescribed in e. A title search or searches, if requested by the Administrative Official. 2. The Administrative Official shall prescribe and approve forms for petitions to vacate rights-of-way and/or easements. Public Notice. Upon receipt of the above, the City Clerk shall publish a notice of public hearing not less than 14 days prior to the public hearing, and shall notify property owners by certified, return receipt requested mail, as follows: 1. Rights-of-way: All owners of property whose property lies within the block or blocks where the right-of- way is proposed to be vacated. 2. Easement: The property owner(s) whose property abuts the portion of easement to be vacated. Property Posting. In addition to the above, the City Clerk shall transmit to the applicant a notice setting forth the time and place of the hearing and a description of the right-of-way or easement to be vacated. The applicant shall post same at each end of the right-of-way or easement to be vacated, not less than 14 days prior to the public hearing. Affidavit proof of the posting shall be submitted to the City Clerk not less than seven days prior to the public hearing. City Commission. The City Commission will consider the petition based on the recommendations of the Administrative Official in regard to the possible effect of the proposal on the City in general, the immediate neighborhood, and individuals near the specific right-of-way or easement in question. [I-18 Return to Table of Contents ARTICLE III STANDARDS AND PROCEDURES FOR USE AND DEVELOPMENT APPROVAL SECTION 1.0 GSENERA Doss si sresazeretezi0snist oceans 70h TsbTTT oT To eTTSTTTTS 0oTSTG 0005 FNTATLETOTS ATID 0 SeESENT 0 cHNSCSISooSUNR 0 SUMSSETTNT 1 A. Purpose and Intent................cccsccsscrsssscessscscscscssessecssscssscssssssssescscesesssssescssnssessssosensasesescssssassosssassoasescesces 1 DL, TRG «pee tetentiemeecBemne a sBernBi ome sofas ARES sxeBionide SAFE PEARSE SEE TOE Aa SAAAE SAS SERIES SIR Se SETI TT 1 2. Lawftlness. ......... cc ccscccscceesecseseeeseecneceeeesaecesecsaeeesaeceseeceaeecaeeseneesseecseceaeeeeessaeesseeeeenseeeseteeseseeeeaeenseees 1 3. Best Practices. .........ccceecesscccesceeeseseseesececececsneeseecescerseeesaeccecsnecseeeeesaeenseesieesneeseaeeessseseesseaeseaeeaeeatenes 1 B. Planning and Zoning Applications. 1 1. Applicability. 20... ccecceeesesseeeseesneeseessecseecsecenesacecseceaeeseceseesecaesseceeesaecssessesseeeaeseasessseeasensensenaeeaeeas ] 2. Application Types and Authoritative Body. ........ ccc ec eeee essen ceecteeeeceecseceeeeecaeeeessecaaeeseceesaeseesaeeeesases 1 C. Prior Approvall............... . 2 1. Prior Approval effect. 2.2.0... ccccccesseseeseseceeseceseeseeeseceseeeeeseceeeseesaeeseessessessnesseeaesaesenersesssesdsenssareaeenanea 2 2. Modification of Prior Approvals.............ccscccccessceesseceseeeeseeeseeesaeecacecaneeseeesneesaecsaeenseesseessessceseseateseesenaees 2 3. Invalid Approvals. ............cccccceesccescesceeseceseescececsceeneenecsecesecsceeseessesaeeseesecsaeenessnesseeaaesansaanseeeeaeeaeseeeaeens 2 4. Applications in Process. ..........ccccccsccesscesseceseceseecseeessesesceceseseneeceaeecseceseaeecaesaesesaeeeeesaeeesiaeesaeeneeenaeeeaes 2 SECTION 2.0 ADMINISTRATION 2 SECTION 3.0 STANDARDS AND PROCEDURES FOR ALL USE APPROVALS 3 A. Standards. s 3 B. Procedures and Types of Approvals. 3 1. As-of-Right Use Development. ....0........ccecceeecceseeseceeeceeeeeeseeceseesseeessceacessaeenaeenssenseeeseceasscersaaeseensatenaes 3 2. Administrative Use Approval. .0.........cccccecscceseeeeeceseeesceceseeeaceceneecsaeeeeeanesaeesenessneesanecsaeeaeeeesaeeeeeeeneneees 4 3. Conditional Use Approval. 20.0.0... ccceesceseceeeeeceneeesneceeceesaeseseenaeenaeecseeseeecaeeseaeseaaeeseesserseeressessneeneseaeees 4 4. Exceptional Use Approval. ..........cceccesccsseeseseeessesseeeecenesseeeneessecnsevascnecneesseeneeseseeueneensestsesesiessenensenges 5 SECTION 4.0 DEVELOPMENT PLAN PROCESS (DP) 5 A. General... nee 5 1. Site Plan Applicability. .2.....0...cccecccccccceecesseecenececeeeseeeeacecsneeeaeessaeeseeeseesseceusesaeesasensaeeseesacsaeesateseneatenaes 6 2. Engineering Plan Applicability... cece cseeseeceeseeeeeesseeseseecseecseeeseecseessnessaeseasersaceneeareneesseseaesanees 6 B. Site Plan Review Procedures and Requirements. .................ccsccsscssssscessccenescesscecsnssorssssscessessoscssene 6 L. Procedures. ..........cccccecssscssceeeesneeessnnecseseeeseeeceneeeessaeeesenesesseeceaaaeessaceseaaesssuessaeeseeeeestaaestieeneceneeeseneereaeees 6 2. Requirement. ...........ccccccesceesesecceeceeseceeeceeeeseeceesecceeeseesseceseceneessecsesensesececsaesseeeseceseaeseeeaeeesereeeeeeenatenees 6 C. Engineering Plan Review Procedures and Requirements. 11 LD. Procedures. ..........:cccccesecsseeseesceescecscessecaecseesseeaeseeessecssecsecsserscesseseseseeseaseneseeseaecnaeeseceaseascaseeeeeesaeeaneeaeras 11 2. ReQuireMent ..0.......ceceeccesceeceneesseesneeseeesersreesecseeeaecesesenesseeseassaesseeseesscsecsssceeaeseseesesseesessiesssesstesuenneses 12 D. Effect of Site and Engineering Plan Approval. 13 SECTION 5.0 MAINTENANCE OF IMPROVEMENTS 14 SECTION 6.0 SITE DEVELOPMENT PERMIT (SDP) 14 A. General Installation and Maintenance Requirements. .............ccccsssscserssceserssesescsseseeesearersccseccensensenses 14 1. Applicability. 0.0... eeeeeeeeceneeneeeseeeneceseceeeesecssecereeesserseessecessessassecsesseceesseseseeaseeeseuseeseseesneesesenen 14 2. Purpose of Installation and Maintenance Requirement. ..........0.. ccc eee eee ces cee reeereeeeceseereeeeeneceese 14 3. Relationship to the Comprehensive Plan. 0.0.0.0... eeeseesceseeecceseceeceseeecneeeeeseeeeseseaeeesenesseessenesseesetens 14 4. Professional Engineer Required... ccc cseeeeceseeeeeseeseseeseeseessesseseessesseseeeaeesessessesicsesecseseesensenas 14 B. Improvements Dedicated to the City 14 L. ProCe@Cure. ..........cccccccccessseseveccccccccccccscsesececceccecenacuvevecececccucatvesnsesevecesccseeeeaususavsenscessesssssseessseeceseseeaunaas 14 2. Construction and Inspection of Improvement. «0.0... esse eeeeeneceecreeeeeesctsonecseceeeesenseesessseneesaesaeeeenes 16 3. ‘TRSPSCtGT, FPCESL.....anuneree sennane veaemnenncannnanradinSewuns sun anedurarunsie BikeBiodesMs san Pesos ToS BA ape YORE FiSerbeSR- HeelSRT 17 C. Acceptance of Improvements and Certificate of Completion.................s.ccsssccsssssssssceesssserserseees 17 1. Acceptance of Improvements. 20.0.0... ccc esceesseeeceseesneeeseeeeeeaeeeceeeeaeseasesececeeaeeseeesscesaseuceessecesaeeseevaesats 17 2. Certificate of Completion. 0.0.0.0... ceceseeeesecesecseesereeseeeseesetseeesecseesaerseeseeseseeessserssesetescsseesseeeeessentes 17 D. Improvements Retained in Private Ownership....... 18 1. Construction and Inspection of Improvement. 0.0.0.0... ec ceeeeeseeeeeeneeeeeeseeneeeeeeseceseesseesssesesesasneeaseaee 18 2. Certificate of Completion. 000.0... cece escsseseecesseneeeneeeseceeeeseceeesseseeeseseeersecnecsssessseseessesecsasnesseeenenaaeaas 18 3. Performance Guarantee for Certain Improvements. «0.0.0.0... eceeseeseeeeeseeeeseseneeseseeeeeeeseteeeneeseaees 18 4. Completion and Acceptance of Improvement. ..............cceceeccssceeeeseesesceeeeesenesenesseersevscaeessvaeeneeeaneats 19 E. Maintenance of Common Areas, Facilities, and Improvements. os wee 19 1. Applicability. 2.0.0... ce ccecssceseesseeeressecseeeseceneeerecsnessecesecsscseeseesseesesssevsesenesatceuessaeesesataessesasenaeeneenes 19 2. EXeMptions. 200.....ccceeecceeceeeceeneesscecsseeseeececeeeaeecseeesseeceseeseseceasseaeenareceaeceseseaeseatersnesessessseesssessrscesecnsaeeaes 19 3. Establishing Common Ownership and Management (HOA/POA). ..0.... cc ceecseccteesseessestseseteeneeseeeenes 19 4. Failure to Maintain Common Areas, Facilities, and Improvements. ...............:c:ccseceseceseeeeeeeeeeeeatenee 20 F. Guarantee of Improvements. 20 G. Model Home...............cssescccsessseeee 20 Vig PP BRN sec se ee 2 SS 0 PO EE TS 20 2. Number of Homes. .............ccccccsccccsssssescenssceeeessseeccccssseeucceussesecseeeceseusecesenseecesaeeseseneeeeeseeaeueessnaeeceags 20 3. Model Home Multi-family... cece ccssscceseeeseccseeesneceseceeeeseeceeccseeeseessnecaeecaeesenessecseseaeeaeeenaeeaaes 21 4. Certificate of Occupancy for Models. ...0.........cceeeceeeseeeseceeceeeseceseceeeenneesseceaeceseceseeceneeeeaeceseeevanesseteaeesas 21 SECTION 7.0 VARIANCES 21 A. Applicability. ...........cccssscosees 21 B. Standards for Consideration for Variances. 21 1. Policy Standards... ecceceesecessesseeceeeeecesaeeeseeseeeseanersaeeserecseeceeesseeseneeseeecnneseseaeseeeseeeseseeesseseeeneeaenes 21 2. Technical Standards. .............ccccccecccceescccsssccesssecessseecessesessessseeeensaeccesseesceesesaeceeaaesesauesesausneseeesesaesenees 22 C. Authority to Grant a Variance. 22 1. Administrative Official (Type 1). 20... ccc ccccccccceeseeseeeesceceseeeeevsnerseeceseeseneceeaseneseaaeeeeseaesesneeeneeeereseatens 22 2. Planning and Zoning Commission (Type 2). ..........c:cceeccessseeseseeeeenceseseeeneeeacecseseneesnaserssseaeeaeaseesegeneeeas 22 D. Procedures for Variance Application 22 1. Formal Application. ............cccccccesscceeseeseceeseseesenaeeresanereecerenenecseeseneneseneeesssaeseseeseeeuesesaeneeecasensaeasenaae 22 2. Application Types. ..........cccceccceccesccsscescesseecseceeeesecseessneesneesecsceesessecesecscesaesesesaesaeeeasonadesseaesesesseeseaeeenenas 23 a OX) 016 11000) 6 1 eee 24 A. Time Limit. 2.0... ccccccccceessscceesesseeccccsssecceessaceccesssuceeceseseeecssaeesenseaueececaueececsnaeeecsceeeeaescuateseseeanees 24 5. Prohibited Allowances, .............ccecssccesssscccesssesececsssneeeceesstaecessneseesessnnececssnseeeseeaeeeesessaaessseettaeetenaeesens 24 6. Development Order Granting 4 Variance. 000.0... eee cscs ences enssesereseceeeseeseecaeeseeesesesusseseesetseseseesnenes 24 7. Conforming. «2.0.0.0... cceceeeccesceeseeseeeceseeeseeneeesecesecseeseeeatsesevsnesscessessesenececeaecesossecsceessseeessaessesssssesseensenas 24 ARTICLE III STANDARDS AND PROCEDURES FOR USE AND DEVELOPMENT APPROVAL SECTION 1.0 GENERAL A. Purpose and Intent. 1. Intent. To establish procedures and standards for planning and zoning applications. In order to ensure that all development within the City is consistent with the Comprehensive Plan, it is necessary to provide processes and procedures that will clearly guide, direct, and inform all users how to submit an application and accompanying documents for review while also providing expectations for both applicant and staff during the review period. This Article establishes the specific processes and procedures for both administrative and public hearing applications. 2. Lawfulness. Any deviation from the provisions of this Article, unless specifically stated herein or allowed by other provisions of the LDRs, the Administrative Official, or as granted in a development order, is prohibited and unlawful. 3. Best Practices. All reviews and determinations of the provisions within this Article by the Administrative Official shall be to implement the purpose and intent of this Article together with sound and generally accepted land use planning practices and principles. B. Planning and Zoning Applications. The sections of this Article address application processes of the Planning Division of the Development Services Department and all associated City functions and activities as determined by the Administrative Official. These processes are generally classified as administrative, quasi-judicial, and legislative and are reviewed by various City departments for consistency with adopted codes. Both quasi-judicial and legislative processes are subject to public hearing procedures. The Administrative Official or a hearing officer appointed in accordance with the provisions of the City Code may, on occasion, engage in quasi-judicial decision- making processes. 1. Applicability. The provisions in this Article shall apply to all applications unless otherwise specified. Quasi-judicial and administrative approval of applications may result in the issuance of development orders. A development order runs with the land along with land use entitlements granted by the development order and may be transferred to new owners unless otherwise stipulated in accordance with law. 2. Application Types and Authoritative Body. The final decision on an application shall be made by the deciding body as indicated in Article I, Section IlI-1 Retum to Table of Contents C. Prior Approvals. 1. Prior Approval effect. All development orders or permits, and all other decisions by the Administrative Official, Planning and Zoning Commission, or City Commission or other decision-making and advisory boards issued under prior LDRs, if still in effect, shall remain in full force and effect unless the amendatory ordinance specifically states to the contrary. The uses, site design, intensity, density, and tabular data shown on a development plan that was approved in accordance with a prior version of the LDRs, shall not be subject to the requirements of these LDRs for any information clearly shown. This information may be carried forward onto subsequent plans if necessary to implement the previously approved plan. 2. Modification of Prior Approvals. The area of modification to a development order or permit, which was approved under prior versions of the LDRs, shall comply with the current review processes and LDRs. a. Determination of Modified Area. The proposed modification shall comply with these LDRs to the greatest extent possible in the affected area, which also includes the determination of whether the prior approval has non-conformities or any vested rights. b. Modification to Non-Conformity. Proposed modifications shall not increase a non-conformity, pursuant to Schedule L. The Applicant shall identify the extent of the proposed modification on the applicable plan submitted in the application. All non-conformities outside of the affected area that are clearly shown within the most recent development order shall be vested until otherwise modified or removed. The application and plan shall: 1) List all ordinances amending the ZDRs to establish a record of any prior vesting claim. 2) Delineate on the plan the boundary of the affected area and indicate all proposed modifications; if necessary, the Administrative Official shall render a decision on the validity of the affected area. 3) Identify all non-conformities with prior approved development orders, which include: lot, structure, use, and site elements of the subject property or affected area of the subject property to establish a record of non-conformities in the tabular data of the plan, and notate on the plan these non-conformities. 4) Be submitted subject to Section 4.0.C. of this Article. 5) Show all proposed modifications within the prior approved engineering and site plan. 3. Invalid Approvals. Invalid development orders include those which have been revoked, voided, abandoned, or have expired. If a development order for a parcel of land is invalid, any future development order for that parcel shall be subject to all applicable provisions of the LDRs. 4. Applications in Process. A development order application that is found sufficient for review purposes shall be required to meet the provisions of the LDRs in effect on the date the application is submitted. SECTION 2.0 ADMINISTRATION Any development or use approval shall be under the applicable authoritative body as identified in Article I, II-2 xx/xx/xx Return to Ord. No. KX-XKXX Table of Contents SECTION 3.0 STANDARDS AND PROCEDURES FOR ALL USE APPROVALS A. Standards. In considering and acting upon an application for any use brought before the Administrative Official, Planning and Zoning Commission, or City Commission, the applicable authoritative body shall make findings as to whether the application, with the applicant having the burden of proof, meets the following standards: 1. The proposed use must be consistent with the goals, objectives and policies of the Comprehensive Plan and the LDRs. 2. Public facilities and services including, but not limited to, roadways, park facilities, schools, police and fire protection, drainage systems, refuse and disposal systems, water and sewer facilities must be adequate to serve the osed use. One- and two- family dwellings shall be exempt from concurrency review, pursuant to Antiele V 3. The proposed development must not adversely affect known archeological, historical, or cultural resources. 4. The design of the proposed development must minimize adverse effects including, but not limited to, visual, noise and traffic impacts, of the proposed use on the surrounding properties. 5. The proposed use must be compatible with the nature, density and intensity of the development surrounding the premises and with the community character of the immediate vicinity of the parcel proposed for development. 6. The use shall be applied to the location and topography of the premises proposed for development in an appropriate manner that will not adversely affect the public interest. B. Procedures and Types of Approvals. Development of a use shall be approved either as-of-right, or through an Administrative, Conditional, or Exceptional Use process according to Schedule B, Permitted Uses; provided, however, that all development shall comply with controlling Federal and State law to include, but not be limited to, the Americans with Disabilities Act. All applications for use approvals shall be submitted and reviewed pursuant to Article I, Section 7.0, unless otherwise indicated. Procedures additional to those of Article I, Section 7.0 for Use approvals are listed below. 1. As-of-Right Use Development. Uses permitted as of right are those uses that are permitted in the zoning district and developed in conformity with the LDRs without the need for a variance. As-of-right use are typically only subject to building or development permit processes. Those processes must be approved by the applicable authority. No public hearing or notice is required. a. Application. An SRE Use only requires a site and engineering plan review, in accordance with Section 4.0 , if located on a vacant property or as a modification to an existing development. The applicant shall include a description of the proposed development as part of the application process. b. Public Hearing. The Administrative Official shall have the authority to refer any permitted-by-right use development plan application to the Planning and Zoning Commission upon a finding of fact that the application does not comply with the City’s LDRs, thereby making the Planning and Zoning Commission the approving authority. IIi-3 Fries — Ord. No. XX-KXXX able ontent: 2. Administrative Use Approval. Uses that are subject only to approval by the Administrative Official are generally compatible with the other land uses permitted in a land use district, but which require individual review of their location, design and configuration and the potential imposition of conditions in order to ensure the appropriateness of the use at a particular location. Administrative uses are approved, approved with conditions, or denied by the Administrative Official after a review by the PRS. The following provisions are in addition to the requirements of a. Public Notice. The applicant shall be responsible for publishing a notice of approval in a newspaper of local circulation in the County that will serve as a time limitation for any appeal of the approval. The public notice may be published when the Administrative Official has provided the applicant with a development order. A legal advertisement template will be provided by the Administrative Official upon request of the applicant. b. Public Hearing. A public hearing may be requested on an application for an administrative use by the Administrative Official, Applicant, an adjacent property Owner, or affected person who is determined to have standing in the matter. The hearing shall be conducted by the Planning and Zoning Commission in accordance with the provisions of Article I) Séetion 7.0.0.6. c. Modifications to Prior DO. The Administrative Official may modify any prior development order approved by the Planning and Zoning Commission or City Commission up to a maximum change of 15 percent of any element within Schedules C, D, E, F, H, J, K and U, provided that the modification is found to comply with the LDRs or enhance the ability of non-conforming elements to meet the general standards of Article L 1) The approved development site plan must be submitted showing the proposed modifications to the Site. 2) Modifications to prior approved plans shall be submitted subject to Article I, Section 7.0. 3) Modifications shall be processed through engineering plan review process pursuant to Section 3. Conditional Use Approval. Conditional uses are those uses that would not be generally compatible with, or appropriate in, the zoning district that the real property on which the use is proposed to be located could impair the integrity and character of the specific area or adjoining areas unless restrictions or conditions on location, size, extent, character or time of performance are imposed in addition to those specifically imposed by the LDRs. Conditional uses are approved, approved with conditions, or denied by the Planning and Zoning Commission at a public hearing. The following provisions are in addition to the requirements of a. Planning and Zoning Commission Hearing. The Planning and Zoning Commission shall hold a public hearing upon the application in accordance with the procedures in Article I, Section 7.0.C.6.and enter its order granting or denying such application for conditional use approval in accordance with the requirements of Section 166.033, Florida Statutes, and other controlling law. III-4 Return to Table of Contents b. Urban Infill. Any applicant desiring to utilize the provisions of urban infill, pursuant to Schedule E, Section 15.0, shall be processed as a Planning and Zoning Commission approval. The urban infill program process shall approve the deviations from the LDR necessary for the site design or layout of the proposed use to be considered as conforming and to provide a determination of the requested use pursuant to See subdivision pursuant to Schedule N. If the minimum use approval process, pursuant to , requires City Commission approval the Planning Commission will only provide a recommendation on the urban infill application. Urban infill applications may only be utilized on properties less than three acres in size of upland area. Properties greater than three acres that request multiple deviations shall be processed as a Planned Development. 4. Exceptional Use Approval. Exceptional uses are those uses that are generally incompatible with or may have significant impacts in the zoning district that it is proposed to be located or could impair the integrity and character of the specific area or adjoining areas unless restrictions or conditions on location, size, extent, character, and time of performance are imposed in addition to those specifically provided by the LDRs as determined by the Administrative Official. Exceptional uses are approved, approved with conditions, or denied by the City Commission at a public hearing after a recommendation by the Planning and Zoning Commission at a public hearing. The following provisions are in addition to the requirements of Article I, Section 7.0. a. Planning and Zoning Commission Hearing. The Planning and Zoning Commission will render a recommendation on the project for transmittal to the City Commission. b. City Commission Hearing. The City Commission shall hold a hearing for the project at the next available and regularly scheduled public hearing meeting date. The City Commission will review and enter its order granting or denying such application for an exceptional use approval in accordance with the requirements of Section 166.033, Florida Statutes, and other controlling law. The City Commission may prescribe appropriate conditions and safeguards in the development order which shall become a part of the terms under which a site development permit and certificate of completion shall be issued. c. Two Readings Required. The following applications require two City Commission meetings, one meeting for each reading of the ordinance. 1) Annexations. 2) Comprehensive Plan Amendment. 3) Statutory Development Agreements. 4) Rezonings (straight or PD). SECTION 4.0 DEVELOPMENT PLAN PROCESS (DP) A. General. The development plan process contains both the site plan and engineering plan approval processes. Both processes are Administrative Official level approvals. A full development plan application, requiring the submittal of both a site and engineering plan, is typically only necessary for as-of-right uses on vacant lots that do not require any other process to meet standard code requirements. Site plan only applications may be submitted for developments needing limited entitlements for obtaining State or Federal funding. Engineering plans are required for all projects. A Site or Engineering plan shall be required as follows: IlI-5 | Reum t Ord. No. XX-XKXX Table of Contents 1. Site Plan Applicability. Site plans are required to be submitted with the following application types and may be approved as part of the applicable application: As-of-Right Use (vacant lot). Administrative Use. Conditional Use. Exceptional Use. Planned Development Rezone. m o a o g s s Variance. g. Urban Infill. 2. Engineering Plan Applicability. Engineering plans are required to be submitted after a site plan has been approved through any application process. The site plan must be submitted as part of the engineering plan application process, regardless of if it was previously approved through a separate process. Engineering plan applications may also be submitted for minor modifications to the site layout of an existing developed property, in accordance with . If determined necessary by the Administrative Official, an engineering plan may be required to be included with the site plan for any application to verify the site can meet floodplain or wetland mitigation requirements. In these cases, the engineering plan serves as an exhibit only and must still be submitted through a separate development plan application to be approved. B. Site Plan Review Procedures and Requirements. 1. Procedures. Applications for a development site plan shall be submitted, reviewed, and have a determination made pursuant to Article I, Section 7.0. Site shall be submitted in conjunction with any use approval or planned development application. a. Approved site plans from a development plan or use approval process shall be approved prior to submittal of any engineering plan or site development permit application. b. An engineering plan shall be submitted subject to Section 4.0.C. c. A site development permit application must be submitted within six months of the approval date of the development plan application for engineering plan approval. 2. Requirements. All site plans and required supplementary material shall cover the entire parcel proposed for development unless such site plan and required supplementary material is based on a master plan approved and filed with the Administrative Official. All site plans shall contain at least the following data and information or as deemed necessary by the Administrative Official: a. Site Plan Sheet Format. Site plans shall be submitted as follows: 1) Site plans shall be prepared and certified by an architect, engineer or landscape architect licensed in Florida and drawn at a scale of 1” to 100’ or larger. 2) The digital sheet size for site plans shall be 24” by 36”. 3) All submittals shall be accompanied by a reduction of the site plan of 11” by 17”. Multiple sheets may be used provided that each sheet is numbered, and the total number of sheets is indicated on each sheet cross-reference between sheets, by match lines, is required. IIl-6 Return to Table of Contents 4) Necessary notes and symbol legends shall be included. Abbreviations should be avoided but if used they shall be defined in the notes. b. General Information. 1) 2) 3) 4) 5) Sheet Identification. The identification “Site Plan” shall be provided on each sheet. Legend. The legend shall include the following: a) Name of Development. b) Proposed Street Address. c) Acreage. d) Scale. e) North Arrow. f) Existing Zoning and Other Special Districts. g) Preparation/Revision Date. h) Tax Parcel No. (Seminole County Property Appraiser). Name, Address and Phone Number. A name, address, and phone number shall be provided for the following: a) Owner. b) Owner’s Authorized Agent. c) Engineer. d) Surveyor. e) Others involved in application. Vicinity Map. A vicinity map showing relationship of site to surrounding streets and public facilities at a scale of 1”:2000’ or larger, with major cross street names shown. Legal Description. A legal description for all subject parcels in question. c. Existing Conditions. All of the following information shall be shown on the site plan unless otherwise permitted by the Administrative Official. 1) 2) 3) Ord. No. AX-XXXX Streets. Existing streets on the site shall be depicted, including: a) Name. b) Location. c) Right-of-Way Width. d) Driveway Approaches. e) Medians and Median Cuts. f) Curbing. Easements. Indicate location, dimensions, purpose, and maintenance responsibility. Utilities. Provider, type, location, and size of all utilities shall be provided. [I-7 Re! to Table of Contents 4) 5) On-Site Improvements and Uses. a) Each building and structure footprint shall be individually shown and identified or numbered. Existing use, square footage and number of dwelling units shall be provided. b) Vehicular use areas that show landscape islands, painted features and sidewalks shall be depicted. c) Other impervious surfaces shall be depicted. Adjacent Improvements, Uses and Zoning. Identify and show, a minimum of 50 feet from the property boundaries, all adjacent: a) Buildings or structures. b) Curb cuts, accessways, streets, other vehicular use areas. c) Drain-fields and wells. d) Other impervious surfaces. e) Zoning districts. f) Easements. g) Sidewalks. h) Utility and drainage facilities. 6) Topography. 7) 8) 9) At 1-foot contours (elevations based on mean sea level datum preferred) and extending 50’ beyond the property boundaries. All elevations shall be based on mean sea level datum and referenced to the United States Geodetic Survey or its equivalent. Note on the plans the benchmark used, its designation, location, description, and elevation as described in the Seminole County Vertical Control Points and Elevations Manual. Soil Type(s). All soil types shall be noted as identified in the Soil Survey, Seminole County, Florida, U.S.D.A. Soil Conservation Service or other competent expert evaluation. When soil suitability limitations are indicated for the proposed development, the City Engineer may require a preliminary soil analysis by a qualified soils engineer. Drainage. As identified on Map I-1, Water Resources of the Comprehensive Plan. Depict and explain existing surface drainage characteristics of site including relationship to adjacent land areas and sub-basin. 100-year Floodplain. If applicable, indicate 100-year flood elevation, minimum required habitable floor elevation and limits of 100-year floodplain for all land areas located within Zones "A" and “AE” for the parcel in question as identified on Map I-2, Water Resources of the Comprehensive Plan, and the Flood Insurance Rate Map by the Federal Emergency Management Agency. 10) Surface Water. Approximate normal high-water elevation or boundaries of existing surface water bodies, streams, and canals, both on and within 50 feet of property boundaries. 11) Wetlands. Ord. No. HCXKXX As identified by the Future Land Use Map of the Comprehensive Plan as Resource Protection (RP), St. Johns River Water Management District Wetlands Mapping or other competent evaluation. III-8 Return to Table of Contents 12) Wellfield Protection Zones. Indicate whether or not the parcel is located within a wellfield protection zone as identified by the Wellfield Protection Zone Maps on file in the Department of Engineering and Planning. 13) Floodways and Drainageways. Floodways and drainageways shall be show as identified on Map I-1, Water Resources of the Comprehensive Plan. 14) Aquifer Recharge Area. Aquifer recharge areas shall be identified consistent with Map I-1, Water Resources of the Comprehensive Plan. 15) Upland Wildlife Habitat. Upland wildlife habitat areas shall be identified consistent with Map I-9, Vegetative Communities of the Comprehensive Plan. 16) Trees. Indicate the location, size and type of existing trees as required by the LDRs. 17) Signs. Indicate the location, size, and type of all signs. d. Proposed Development. All of the following proposed information shall be shown on the plan unless otherwise permitted by the Administrative Official. 1) Buildings and Structures. Proposed buildings and structures shall be individually identified by number, symbol, or other appropriate system, including the following information: a) Location of all buildings or structures. b) Proposed use for each building or portion thereof. c) Dimensions and height, including distance between buildings. d) Gross floor area for nonresidential uses — in square feet by building, use and total. e) Floor plan for non-residential buildings. f) Number of dwelling units — by building, by type of dwelling unit and total. g) Density — by type of residential land area (one family, two-family, mobile home, or multiple- family) and for total residential land area. h) Net density — same as g., above, except exclude land area that is unsuitable for development. i) Preliminary architectural elevations. j) Location of each single-family residence. Individually identify each house lot and indicate the location, square footage, and dimensions of each house on the lot. k) For residential subdivisions and multifamily developments, indicate the location, dimensions, and materials of entrance features, including entrance signage, water features and associated landscaping. 1) Proposed preliminary address list including street names and address scheme in accordance with the established addressing system. m) Size, and type of signs. 2) Required Yards, Setbacks, Buffers, Open Space and Distances. Indicate location and dimensions of all required yards, setbacks and buffers; also the location and percentage of the site devoted to open space. Iil-9 Xx/xx/KX Return to Ord. No. KX-KXXK Table of Contents 3) 4) 5) 6) 7) 8) 9) Outdoor Storage and Display Areas. Indicate the dimensions, type, screening type and materials of all outdoor storage and display areas. On-Site and Off-Site Vehicular and Pedestrian Circulation System, and Parking Areas. Indicate the location, dimensions and typical construction specifications of: a) Driveways, approaches, and curb cuts. b) Vehicular access points, accessways and common vehicular access points. c) Off-street parking spaces, loading, unloading and service area space. Requirements — also note number of spaces required and provided by use. d) Other vehicular use areas. e) Sidewalks and other pedestrian use areas showing circulation in-between structures and connectivity of all structures to adjacent rights-of-way. f) Typical cross-sections — by type of improvement. g) Traffic control devices. Landscaping Plan. Landscape plans shall be designed to: a) Include the location and specifications of plantings for parking lot landscaping, buffers, open spaces, recreation areas and other required landscaped areas. b) Include a schedule of common and botanical plant names and total quantities by container size and species, seed mixes with application rates and relevant germination specifications. c) Identify water conservation techniques which include use of drought tolerant plants as well as efficient relationship of plant types to irrigation water demands; Irrigation Plan. The irrigation plan shall consist of: a) Location and specifications for irrigation equipment. b) Source of water for irrigation system. c) Take back calculations for reclaimed water system. Existing Tree Protection. Identify existing trees to be protected and explain or illustrate methods to preserve such trees both during and after construction. Outdoor Lighting. Include the locations, intensity and nature of all proposed lighting. Public and Semi-Public Lands and Facilities. Identify the location, extent, maintenance responsibility and ownership of: a) Street Rights-of-way. b) Easements for ingress/egress, utilities, drainage, or a related stormwater management function, pedestrian ways, sidewalks, bike paths and other similar or related functions. c) Designated lands for parks, open space and recreational facilities, stormwater management, schools, and other public facilities. 10) Potable Water Supply and Wastewater Disposal System. Indicate required capacity, available capacity, provider, general location and size of lines and proposed ownership of and maintenance responsibility for improvements. {I-10 Return to Table of Contents 11) Fire Protection. Indicate all existing or proposed hydrant locations in relationship to building(s) and other fire protection systems that will serve the site. 12) Reclaimed Water System. Unless exempt from the reclaimed water requirements, indicate the amount of reclaimed water to be utilized and method of application on the site including the location and size of lines and connections. 13) Solid Waste Disposal and Service Equipment. Indicate the location of dumpsters and other service equipment locations, dimensions of pads and maneuvering areas for collection and service vehicles: and methods and materials to be utilized to prevent such dumpsters and equipment from being viewed from public rights-of-way and adjacent property. 14) Proposed Topographic Elevations and Preliminary Drainage Plan. Indicate proposed topographic elevations at 1-foot contours (datum based on mean sea level preferred), direction of flow, proposed methods of stormwater retention/detention, including location and size of swales, drainage improvements, proposed outfalls, drainage easements and preliminary engineering calculations. 15) Concurrency Management. An analysis of the traffic circulation and related impacts to prove that the proposed plan would meet all roadway concurrency requirements if the project were approved based on requirements in Concurrency Management. 16) Elevation Drawings. Renderings of the north, south, east, and west side of each building depicting the general architectural style, height, exterior materials, colors and finishes shall be submitted as a part of the Site Plan Review package. Include a typical wall section of every facade of each building. Along with the cardinal directions of each fagade, also provide the labels of front, side, and rear. C. Engineering Plan Review Procedures and Requirements. 1. Procedures. Applications for as-of-right development shall submit engineering plans in conjunction with site plans. Applicants for Administrative, Conditional, and Exceptional Uses, or a planned development rezone shall initiate engineering plan review procedures set forth in this section after receiving an approved development order, unless otherwise directed. The procedure for reviewing an engineering plan shall be as follows: a. Formal Application. The applicant shall submit an application pursuant to Article I, Section 7.0 along with all required documents. Engineering plans stating, "Not For Construction," "For Review Only," or any such similar wording shall not be accepted. Site plans or any plans approved through a prior application that have been modified or are inconsistent with the prior approved plan will not be accepted, unless otherwise directed by the Administrative Official. b. Administrative Official's Action. In addition to the provisions of Article I, Section 7.0 the Administrative Official shall do the following: 1) Enter a determination: ITI-1 1 Return to Table of Contents a) Approving such engineering plan subject to such conditions, modifications and specific time limits prescribed by the Planning and Zoning Commission respecting the proposed site plan; b) Disapproving such engineering plan; or c) Approving such engineering plan subject to such conditions, modifications and specific time limits prescribed by the Planning and Zoning Commission respecting the approved site plan. 2) If the engineering plan is approved, the Administrative Official shall indicate such approval by executing the engineering plan and indicating the date of such approval. The approved engineering plan and required supplementary materials shall then be filed with the Administrative Official and shall constitute the engineering plan for the parcel. 3) If the engineering plan is disapproved or approved subject to modification, the Administrative Official shall provide the applicant a copy of their determination respecting the same. Re-application. If the Administrative Official disapproves an engineering plan the applicant may appeal the decision within 30 days from the decision or submit a new application and supplementary materials in accordance with Article I, Section 4.0.C. 2. Requirements All engineering plans and required supplementary material shall cover the entire parcel covered by a site plan that is either proposed or approved in accordance with Section 4.0.B. A copy of the approved site plan, or proposed site plan if no prior approved site plan exists, shall be incorporated into the engineering plan. All engineering plans shall contain at least the following data and information: a. General Relationship of Engineering Plan Requirements to Site Plan Requirements. In general, engineering plans shall include, but not be limited to, all required information items set forth in Section 4,0,B.2. provided, however, that all such information, data, analysis and supplementary materials shall be provided in final engineering and construction form for purposes of engineering plans rather than in preliminary or conceptual form as provided for site plans. Additional and more detailed engineering plan required information is set forth in Sections 4.0.C.2.b and c. Engineering Plan Sheet Data, Size and Scale. Engineering Plans shall be drawn at a scale of one inch to 50’ or larger, unless otherwise permitted by Administrative Official. The digital sheet size for Engineering Plans shall be 24” by 36”. Multiple sheets may be used provided each sheet is numbered and the total number of sheets is indicated on each sheet. Cross referencing between sheets shall be required. Necessary notes and symbol legends shall be included. Abbreviations should be avoided, but, if used, they shall be defined in the notes. 1) The identification "engineering plan", the date, scale, revision date (if any), development name, and other such information shall be shown in a convenient grouping in the lower right-hand corner of every sheet, preferably in a conventional title block. 2) Each copy of an engineering plan required to be submitted to the Administrative Official shall bear the electronic or digital signature and seal of the Florida licensed professional engineer representing the applicant. Engineering Plan Required Information. 1) Final Soils Report. Indicate in the final soils report the results of borings for building locations and method of foundation construction/footer design in relationship to soil conditions as recommended by a Florida licensed geotechnical engineer. I-12 Return to Table of Contents 2) Final Drainage Plan. Indicate in the final drainage plan the topographic elevations at one-foot contours (mean sea level datum required) for site and at least 50’ beyond the site, final calculations for stormwater retention and construction drawings of all related improvements. 3) Fire Protection. Indicate all hydrant locations and types of internal fire protection systems that will serve each building(s). 4) Civil Engineering Construction Drawings. Provide civil engineering construction drawings of all infrastructure, utilities and site improvements including technical specifications and geometry. 5) Elevation Drawings. Signed and sealed architectural drawings consisting of all structures, front, sides and rear elevations, and overhead view of roof shall be submitted as part of the engineering plan requirements. Shall include construction material specifications, color charts, structure dimensions, service area and mechanical equipment locations, outdoor storage area locations, screening devices, master light plan and any other information as determine necessary by the City to ensure consistency with the intent of the LDRs. 6) Landscape Plan and Tree Protection. Indicate material specifications, planting/removal/relocation instructions and irrigation system location and specifications. 7) Lighting Design Plan. A lighting plan depicting the foot-candle dispersion on the site and detail of the proposed fixtures shall be submitted and include at least the following: a) A site plan, drawing to scale, showing all buildings, landscaping, parking areas, all proposed exterior lighting fixtures; b) Specifications (details) for all proposed lighting fixtures including photometric data; designation is Illuminating Engineering Society of North America (IESNA) ‘cutoff’ fixtures, and other descriptive information on the fixtures; c) Proposed mounting height of all exterior lighting fixtures; d) Analyses and luminance level diagrams showing that the proposed installation conforms to the lighting standards of the LDRs. Off-site lighting shall be considered in the analyses; e) Drawing of all relevant building elevations showing the fixtures, the portions of the walls to be illuminated, the luminance levels of the walls and the aiming points for any remote light fixtures. d. Ownership and Maintenance. A detailed statement of method of assuring the perpetual ownership and maintenance of permanent open space, recreational facilities or other common purposes shall, if appropriate, include covenants, agreements or other specific documents approved by the Administrative Official. D. Effect of Site and Engineering Plan Approval. Approval or approval with modifications/conditions of both a site plan and an engineering plan for the parcel in question shall serve as the basis for the issuance of site development permits and certificates of completion. {I-13 Return to Table of Contents SECTION 5.0 MAINTENANCE OF IMPROVEMENTS All improvements, requirements and conditions approved pursuant to Sections 3.0 and 4.0 shall be maintained in good condition and in the manner prescribed by such approval for as long as the use of the premises in question is in existence. Failure to maintain such improvements shall be subject to code enforcement proceedings. SECTION 6.0 SITE DEVELOPMENT PERMIT (SDP) The site development permit is the finalization of any engineering plan or subdivision improvement plan that grants the construction, modification, and alteration of any non-vertical site improvements to commence. This process is comprised of three phases, construction pre-review, installation and maintenance, and site closeout/certificate of completion. All applications for a SDP shall be submitted in accordance with Article | A. General Installation and Maintenance Requirements. All improvements required by the LDRs shall be built to the standards and specifications of the LDRs and in accordance with any additional requirements and policies of the Administrative Official. All required improvements shall be installed by, and at the expense of the developer/builder, except as specifically provided by these requirements. 1. Applicability. These requirements apply to all development that have obtained either subdivision plan, site plan, planned development and master plan approval. In addition, these requirements apply to any improvement that is to be maintained and/or dedicated to a public entity. 2. Purpose of Installation and Maintenance Requirements. The requirements of this Section are intended to provide standards and procedures for the installation and maintenance of improvements required by the LDRs. These requirements are intended to ensure that all improvements will be installed in a timely and efficient manner which protects the public health, safety and welfare, and that, where improvements will be retained in private ownership, they will be maintained permanently in accordance with the requirements of the LDRs. 3. Relationship to the Comprehensive Plan. These Installation and Maintenance requirements implement the Comprehensive Plan regarding the goals, objectives and policies contained in the Capital Improvements Element. In general, these requirements shall ensure that community facilities and services are available to support development in a manner that is concurrent with the impact of such development. 4. Professional Engineer Required. A Florida registered professional engineer shall be employed to design and certify the installation of all required improvements to be dedicated to a public entity. Said professional engineer shall prepare all plans for such improvements. All plans for such improvements shall be approved by the Administrative Official prior to construction. B. Improvements Dedicated to the City. All improvements to be dedicated to the City or any other public entity shall be as follows. 1. Procedures. The owner may request the Administrative Official to either allow the use of a performance bond or install all required infrastructure. The options below are at the discretion of the Administrative Official, based on the type, nature and scope of the particular development with a determination to be provided through either a development order or document of equal dignity: Tl-14 Return to Table of Contents a. Performance Guarantee/Bond. The performance guarantee shall be filed with the Administrative Official in accordance with this Section for the installation of required improvements. The owner or legally authorized representative shall be responsible for ensuring that the improvements have been guaranteed. A performance guarantee shall be provided in a manner and form acceptable to the Administrative Official. In addition, such performance guarantee shall comply with requirements of the law and shall be approved as satisfactory by the City Attorney as to form and manner of execution. 1) Acceptable Types of Guarantees. All financial entities shall have offices located in Florida reasonably proximate to the City at which the City may engage in business relative to the performance guarantee, as determined by the City Attorney in collaboration with the City’s Finance Director. The performance guarantee shall consist of either: a) aperformance bond, b) an equivalent cash deposit with the City, c) acertificate of deposit or irrevocable letter of credit, or d) acashier's check or a certified check. 2) Amount of Guarantee. The minimum amount of the performance guarantee shall be 130% of the current construction costs of improvements in question. Such amount shall be subject to approval by the Administrative Official. 3) Effective Period. The effective period of the performance guarantee shall not exceed one year from the date of approval of the certificate of completion. After the expiration date, the guaranteed amount shall be considered as a new submittal and shall be re-issued based on current construction costs. 4) Extensions and Substitutions. The City Commission may grant extensions for a one-year effective period of the performance guarantee for good cause shown. The applicant shall apply to the Administrative Official for such extension. The Administrative Official shall review the performance guarantee and may require renegotiation of the amount of guarantee and impose other reasonable conditions upon such guarantee. The City Commission may, at any time during the effective period, accept a substitution of principal, sureties or other parties, upon a request by the developer and a recommendation by the City Attorney in collaboration with the City’s Finance Director. 5) Default. Whenever the required improvements have not been installed according to the terms of the performance guarantee and no extension or substitution has been granted, the City Manager, upon recommendation by the Administrative Official, shall declare, upon 30 days' written notice to the parties to the instrument, the performance guarantee to be in default and exercise the City's rights thereunder. Upon default, building permits or other approvals shall not be granted until the City Manager, upon a report being filed by the Administrative Official, determines that adequate progress has been made toward completion of the remaining improvements. b. Install Required Improvements. If required improvements are to be installed prior to recording of the final plat or dedication of such improvements to a public entity, the following procedures shall apply: III-15 Za Returm to Ord. No. Table of Contents 1) Subdivision Plan Review. The preliminary subdivision plan, the improvement plan, and the final plat shall be approved in accordance with the procedures set forth in Article II of the LDRs. 2) Conditional Final Plat Approval. City Commission approval of the plat shall be conditioned upon the completion of the required improvements within one year of such conditioned approval in full conformance with the approved Improvement Plans and any other conditions or stipulations subject to City Attorney and Surveyor review. 3) Retention of Plat by City Clerk. The approved final plat shall not be recorded but shall instead be retained by the City Clerk until, upon recommendation of the Administrative Official, the City Manager notifies the City Clerk of the issuance of a certificate of completion for the improvements where upon the City Clerk shall be authorized to execute the recording of the final plat in accordance with provisions set forth in the LDRs and in the manner prescribed by law. 4) Compliance with All Requirements. Installation of the required improvements shall be subject to all applicable requirements of this Section pertaining to the construction, inspection, completion and acceptance of such improvements. 5) Building Permits. a) Residential Development. No building permits may be issued for any building site within the proposed residential development until the required improvements have been accepted by the Administrative Official or designee, or valid performance bonds have been secured by the applicant and provided to the Planning Division. The irement for a final plat to be recorded shall be pursuant to the review process of Article Il, Section 5.0.B, b) Non-residential Development. Non-residential developments may obtain building permits prior to the completion of installed improvements for standalone sites. Any non-residential development with associated outparcels or part of a subdivision shall first obtain a certificate of completion prior to issuance of any building permit, unless the individual parcel will install all necessary infrastructure through a phasing plan in order to standalone. 6) Acceptance of the Required Improvements. Upon issuance of a certificate of completion for all required improvements by the Administrative Official, the City shall accept responsibility for the maintenance of the improvements, subject to the provisions of the maintenance guarantee. 2. Construction and Inspection of Improvements. The developer shall notify the Planning Division inspector at least 72 hours prior to when the inspection is needed. The planning inspector shall: a. Carry out inspections and tests of all required improvements during construction and following the completion of each stage of construction, b. Determine if improvements are in accordance with accepted construction and testing practices, Ensure improvements are in compliance with approved plans and advise the Administrative Official whether or not the improvements being constructed appear to qualify for acceptance by the City, III-16 Return to Table of Contents d. Be authorized to execute all actions deemed necessary to determine compliance with specifications and requirements of the LDRs. e. Determine if action for compliance with LDRs are beyond and additional to customarily required inspections and tests are necessary, the Administrative Official shall have the authority to require the owner to pay for the expense of any such action incurred by the City. f. Ensure all required improvements are installed, inspected and approved prior to acceptance by the City. 3. Inspection Fees. The owner shall pay to the City, for engineering and inspection services provided by the City, a fee to be established in the manner prescribed in the LDRs. The fee shall be due upon issuance of a site development permit, provided that the Administrative Official may establish an alternative method of payment of such fee. However, in all cases such fee shall be due prior to final acceptance of improvements by the Administrative Official or their designee. C. Acceptance of Improvements and Certificate of Completion. 1. Acceptance of Improvements. The City shall accept installed or constructed improvements that have obtained a certificate of completion and have a valid maintenance guarantee. 2. Certificate of Completion. a. Issuance of Certificate. The Administrative Official shall issue a certificate of completion, and the City Manager shall be empowered to accept responsibility for maintenance and operation of the required improvements, upon determination of compliance with all the following requirements: 1) 2) 3) Ord. No. XK Final Inspection. Completion of satisfactory final inspections for the improvements in question; Submittal of As-Built Drawings. Upon completion of any required critical infrastructure or improvements, the owner shall submit to the Administrative Official as-built drawings prepared and certified by the engineer of record, showing the actual installation of such improvements. As-built drawings shall be provided in reproducible form. Posting of Maintenance Guarantee. A maintenance guarantee shall be provided to the City for the repair or correction of material defects or failures of the improvements. All financial entities shall be recognized lending institutions and have offices located in Florida reasonably proximate to the City at which the City may engage in business relative to the maintenance guarantee as determined by the City Attorney in collaboration with the City’s Finance Director. a) Standard Requirements. The guarantee shall be for a period of three years following acceptance of improvements and shall be provided in an amount equal to 20 percent of the actual construction cost of all the improvements, and shall consist of either: i) a maintenance bond; ii) an equivalent cash deposit with the City; 111) a construction loan agreement; iv) acertificate of deposit or irrevocable letter of credit; and v) acashier's check or a certified check. UI-17 Return to Table of Contents b) Discharge of Guarantee. Upon default, the City Commission or other applicable public body may exercise its rights upon ten days written notice by certified mail, return receipt requested, to the parties to the instrument. c) Reduction by Phase or Release of the Performance Guarantee. Upon issuance of the certificate of completion for an approved phase of the required improvements, the Administrative Official shall be authorized to reduce the amount of the performance guarantee for such improvements by the amount of the original cost estimate for the improvements covered by the certificate. Where the Certificate covers all required improvements, the performance guarantee shall be fully released. 4) Bill of Sale A bill of sale clearly showing the full cost of improvements for the entire project or phase of project that will be used to calculate the 20 percent necessary for the maintenance guarantee. D. Improvements Retained in Private Ownership. The following provisions shall apply wherever improvements required by the LDRs shall be retained in private or common ownership and will not be dedicated to the City or another public entity. 1. Construction and Inspection of Improvements. Prior to the approval of any certificate of completion or certificate of occupancy, all required improvements shall be installed according to plans approved in the manner prescribed in the LDRs. The Administrative Official shall inspect all improvements during and after construction and shall conduct or approve all tests of materials to ensure compliance with all applicable requirements of the LDRs. All proposed modifications of the approved plans shall require written request to and approval by the Administrative Official prior to installation. 2. Certificate of Completion. The engineer, architect or landscape architect of record shall submit a certification that the required improvements have been installed and completed in accordance with approved plans for the premises in question. 3. Performance Guarantee for Certain Improvements. The Administrative Official has the authority to determine that the installation of the certain improvements may be delayed without substantial detriment to the public health, safety, or welfare or where necessary to coordinate such improvements with publicly financed capital improvements or improvements of adjacent premises. a. The Administrative Official may permit the owner to provide a performance guarantee bond and a recordable agreement to install such improvements at a later specified date. Such certain improvements may include but not be limited to the following: 1) Improvements within public rights-of-way. 2) Installation of sidewalks and bikeways. 3) Improvements to major drainageway. b. The performance guarantee and agreement shall be provided prior to the issuance of any certificate of occupancy, and, except for the effective period, shall be subject to all the performance guarantee requirements set forth in Section 6.0.B.2 of this Article. Improvements installed in this manner shall be subject to all the requirements of the LDRs pertaining to the construction, inspection and completion of such improvements. II-18 Return to Table of Contents 4. Completion and Acceptance of Improvements. Upon completion of any required improvements, the owner shall submit to the Administrative Official as- built drawings prepared and certified by the engineer of record, showing the actual installation of such improvements. E. Maintenance of Common Areas, Facilities, and Improvements. The following regulations are designed to ensure that adequate ownership, management, and maintenance responsibilities will be established for the protection and perpetual maintenance of such common areas, facilities and improvements. The common areas, facilities, and improvements will be maintained and owned in a manner other than under a single unified ownership. In addition, the owners shall continually make available the utility of common areas, facilities and improvements and prevent such facilities from becoming an unnecessary burden or nuisance to the public or surrounding property. Nothing in this section shall be construed as creating any obligation or liability upon the City to maintain such facilities or improvements or otherwise ensure their availability and condition. 1. Applicability. All common areas, facilities, and improvements which are identified and/or designated in approved plans are to be owned or maintained under a common entity. 2. Exemptions. The following types of areas, facilities, and improvements shall not be subject to these requirements: a. Lands, Facilities and Improvements Dedicated to the Public. Any lands or improvements after being dedicated or conveyed to the City or other applicable public entity, for designated or public use. b. Private Areas, Facilities, and Improvements. Common areas, facilities, or improvements to be owned and maintained under the same unified ownership as for the entire premises in question such as, but not limited to, parking areas or recreational amenities for multiple-family development projects or community shopping centers. c. Condominiums and Cooperatives. Any lands or improvements to be owned and maintained under a condominium or cooperative that is established and regulated in the manner prescribed by law. 3. Establishing Common Ownership and Management (HOA/POA). a. Document Information. Draft documents to establish common ownership and management responsibilities, entities, procedures and related considerations shall be approved by the City Attorney prior to the commencement of installation of facilities and improvements in question. a. Such documents shall be accomplished in a manner that complies with applicable procedures and requirements of the LDRs, which may include, but not be limited to, review and approval procedures involving conditional use permits, planned development project plan approval, development plan review and subdivision plan review. b. Such documents shall establish a means of common ownership and management of all common areas, open space, facilities and improvements. c. Such documents shall also establish an organization or entity to own and manage the common areas, facilities, and improvements in question, setting forth membership and responsibilities, including maintenance and fiscal programs and providing procedures for conducting business and activities of the organization or entity. III-19 XX/xX/ xx Return to Ord. No. KAKKXX Table of Contents d. Such documents shall be certified that they have been approved, established, incorporated, and recorded in the office of the Clerk of Circuit Court shall be provided to the Administrative Official prior to issuance of a certificate of completion. b. Funding Mechanism Required. The documents establishing common ownership and management shall establish a funding mechanism for the maintenance of the common areas, facilities and improvements. A method for the organization or entity to assess the property owners having beneficial use of common areas, facilities and improvements shall be set forth in such documents. The method of assessment shall provide the legal right for the organization or entity to impose liens against those properties for which payment of any assessment is not made. Collection of assessments and enforcing the payment thereof shall be the responsibility of the organization or entity and shall not be the responsibility of the City. The assessments imposed by the organization or entity shall not relieve property owners from any taxes, fees, charges or assessments imposed by the City or any other governmental agency. c. Notice to Buyers. The documents establishing common ownership and managements shall also be recorded in the Official Records and provide for notice to purchasers and prospective purchasers of properties that the organization or entity shall have the authority to make assessments and impose liens as provided herein. 4. Failure to Maintain Common Areas, Facilities, and Improvements. Failure to maintain common areas, facilities or improvements in accordance with the requirements of the LDRs shall be a violation of the LDRs subject to provisions applicable to violations, remedies and penalties prescribed in Article I of the LDRs. In the case of such a violation, the organization or entity and all property owners, occupants and lessees having beneficial use of or legal interest in the common areas, facilities, and improvements in question shall be subject to applicable remedies and penalties. The City shall not be required or obligated in any way to construct or maintain or participate in any way in the construction or maintenance of the common areas, facilities, or improvements. F. Guarantee of Improvements. Prior to the issuance of a site development permit, and prior to the recording of the final plat, if applicable, the installation, completion and maintenance of all required improvements shall be guaranteed in a manner acceptable to the Administrative Official and in conformity with all applicable provisions of the LDRs. G. Model Homes. For residential subdivisions the developer may request to construct model homes within a property that has received approval of the Major Subdivision Plan by the City Commission prior to completion of on-site critical infrastructure. At their discretion the Administrative Official may permit a deviation from these provisions. 1. Plans. The applicant shall submit a model home plan showing the exact layout of the proposed models within the designated lot showing the lot number, as part of the Site Development Permit process. The Administrative Official shall approve that the location and number of model homes shown on the plan. 2. Number of Homes. A maximum of four model homes may be permitted within any subdivision, however the total number allowed within the subdivision is subject to the total number of units approved for the subdivision as shown in table 6.0.G.- Number of permitted model homes. III-20 Return to Table of Contents Table 6.0.G — Number of Permitted Model Homes Total # of approved units for the subdivision Number of model homes allowed 6-25 1 26-50 2 51-100 3 100 or greater 4 3. Model Home Multi-family. For multi-family units or structures with multiple units a maximum of one structure may be constructed for model home purposes. The one structure must be used for all proposed models. 4. Certificate of Occupancy for Models. Any unit requested to be constructed as a model home shall not be permitted to be reclassified as a non- model or obtain a certificate of occupancy until all other units of the subdivision have been constructed and all critical infrastructure has received a certificate of completion. SECTION 7.0 VARIANCES A. Applicability. A modification to the terms and development standards may be granted, subject to the applicable authority listed below, where a deviation would relieve a practical difficulty or undue hardship caused by a strict application of the regulations. A deviation may only be granted after a finding that the proposed variance is consistent with the standards enumerated below. It shall be the burden of the applicant to prove, by substantial competent evidence, compliance with said standards. Under no circumstance shall the provisions of this Section be construed to mean that any provisions, requirements or regulations contained within the LDRs can be waived or reduced which may reasonably be complied with by the applicant. B. Standards for Consideration for Variances. Before any variance for a policy or technical deviation may be granted, the Planning and Zoning Commission or Administrative Official shall find that the variance would relieve a practical difficulty or undue hardship caused by a strict application of the regulations. All of the following standards for policy or technical deviations for the subject property must obtain an affirmative answer for the variance to be granted and a negative finding for any of the requirements shall result in a denial development order being issued. 1. Policy Standards. Policy standards include the following: a. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. b. The literal interpretation of the provisions of the LDRs would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the LDRs. c. The special conditions and circumstances do not result from the actions of the applicant. d. Granting the variance will not confer on the applicant any special privilege that is denied by the LDRs to other lands, structures, or buildings in the same district. e. The reasons set forth in the application justify granting the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. f; The granting of the variance will be in harmony with the general purpose and intent of the LDRs and the Comprehensive Plan and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. I-21 Return to Table of Contents 2. Technical Standards. Technical standards include the following: a. All of the policy standards listed in Section 7.0.B.1. b. The variance provides for equal or better performance than the stated requirement in the LDRs. The Administrative Official may require a performance guarantee in the manner set forth in the LDRs and/or engineering under signature and seal of a Florida licensed professional engineer to ensure such performance. C. Authority to Grant a Variance. The following are authorized to grant variances: 1. Administrative Official (Type 1). a. One- and Two-Family Dwellings. The Administrative Authority may grant a variance for one-family dwellings and two-family dwellings located in residential zoning districts (SR-1AA, SR-1A, SR-1 and SR-2) after a review by the PRS. b. De-Minimis (15% or less). The Administrative Official may grant a de-minimis variance of 15 percent or less of any standard or term included in Schedules C, D, E, F, G, H, I, J, K, S and U for all land uses including one-family and two-family dwellings. c. Technical Specifications. The Administrative Official may grant variances for Schedules M, N, O, and P for deviations of technical specification requirements such as, but not limited to, the type of materials, installation sequence, material performance, construction techniques, or specific construction feature. Any variance from a non-technical specification provision of these schedules shall be referred to the Planning and Zoning Commission. 2. Planning and Zoning Commission (Type 2). The Planning and Zoning Commission may grant a variance for multiple-family dwellings, non-residential land uses, and all other land uses beyond what may be granted by the Administrative Official. The Administrative Official may also transmit any administrative variance to the Planning and Zoning Commission for determination if deemed necessary, advisable or at their discretion. D. Procedures for Variance Application. An owner or his authorized agent seeking a variance as permitted by this Section must make application in accordance with the following procedures: 1. Formal Application. a. Application Requirements. All applications for variances shall be submitted in score A complete list of all required documents for submittal is found in . Applications for deviations from regulations are subject to the following: 1) The request shall accompany the proposed plan in question. 2) The request shall identify the requirement or provision that is proposed to be modified and shall fully explain the reasons that such variance should be permitted. b. Sequence of Submittal. An application for variance shall be submitted as a concurrent or standalone variance, and shall comply with the following: {I-22 Ord. No. XX-XXXX Table of Contents 1) 2) Concurrent Variance. A concurrent variance shall be submitted with the use application, both the variance and use application shall be assessed their applicable separate fees. The variance and use application shall be scheduled for the same hearings to be considered by the Planning and Zoning Commission, approval of the variance must be obtained prior to the approval of the use application or any development plan. Standalone Variance. If an application for a use or subdivision is contingent upon approval of a variance, then the variance shall be submitted as a standalone variance application. The approval of the variance shall be obtained prior to approval of the use or subdivision by the Administrative Official, Planning and Zoning Commission, or City Commission. All variances for subdivision applications shall be processed as a standalone application. 2. Application Types. a. Type 1 Variances. The Administrative Official shall prepare a development order pursuant to for those applications that are approved or approved with conditions. The development order shall find whether the standards for variances 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, structures and other improvements. 1) 2) 3) De-Minimis (15% or less). A de-minimis variance application is a request of less than 15 percent deviation and shall be reviewed by the Planning Division Staff only and a recommendation shall be made to the Administrative Official of approve, approve with conditions, or deny. Technical Specifications. A technical specifications variance application shall be reviewed by the PRS and a recommendation shall be made to the Administrative Official of approve, approve with conditions, or deny. a) Referral To Planning and Zoning Commission. When the request for a variance does not involve improvements that are dedicated, owned or maintained by a public entity, the Administrative Official has the authority to transmit such request for a variance to the Planning and Zoning Commission, in accordance with Section 7.0.C.6. for action in conjunction with the subject plan or application involved in the request for a variance. b) Referral To City Commission. When the request for a variance involves improvements that are to be dedicated, owned or maintained by a public entity, the Administrative Official has the authority to transmit such request for a variance to the City Commission, in accordance with Article I, Section 7.0.C.7, for action in conjunction with the subject plan or application involved in the request for a variance. Action upon a request for a variance involving improvements to be dedicated to the public must be through action of the City Commission. Single-family and Two-family. A single-family and two-family use variance application shall be reviewed by the PRS who shall make a recommendation to the Administrative Official to approve, approve with conditions or deny the variance. III-23 Return to Table of Contents a) Public Notice. The applicant shall be responsible for publishing a notice of approval in a newspaper of local circulation in the County that will serve as a time limitation for any appeal of the approval. The public notice may be published when the Administrative Official has provided the applicant with a development order. A legal advertisement template will be provided by the Administrative Official upon request of the applicant. b) Public Hearing. Administrative variances do not require a public hearing. The Administrative Official shall have the discretion to require that an application for an Administrative Variance be heard by the Planning and Zoning Commission at a public hearing, if determined necessary or if mee by the applicant. The public hearing shall be processed in accordance with b. Type 2 Variances. These are variance of greater than 15 percent deviation for multiple-family dwellings and non- residential land uses. The Planning and Zoning Commission shall hold a public hearing upon the application in accordance Article 1 Section 7.0.C.6 and enter its order granting or denying such application. In granting such variance the Planning and Zoning Commission must make specific affirmative findings respecting each of the variance standards, in accordance with Section 7.0.B above. . Conditions. In granting any variance, the Planning and Zoning Commission or the Administrative Official may prescribe appropriate conditions and safeguards that shall become a part of the terms under which a site development permit and certificate of completion shall issue. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be subject to the code enforcement processes of the City. a. The Administrative Official may require conditions, safeguards, or requirements in conformity with the LDRs. b. The Planning and Zoning Commission may require conditions, safeguards, or requirements in excess of those otherwise required by the LDRs. . Time Limit. The Planning and Zoning Commission or the Administrative Official shall prescribe a time limit that, in no event shall be greater than one year, within which the action for the variance is required, shall be initiated and diligently pursued to completion thereafter without cessation of 30 days or greater. . Prohibited Allowances. Under no circumstances shall the Planning and Zoning Commission or the Administrative Official grant a variance to allow a use not permissible in the district involved, or any use expressly or by implication prohibited by the terms of these LDRs in said district. . Development Order Granting a Variance. Shall be consistent with Article I, Section 7.0.C.9. . Conforming. Approval of a variance shall render a parcel of land, building, or the structure to be conforming. Use of the variance shall be limited to the exact dimensions and configuration of the parcel of land, building, or structure as indicated on the accompanying plan as submitted in the application. The parcel of land, building, or structure may not be further expanded, except in accordance with the standards of the LDRs. I-24 Return to Table of Contents ARTICLE IV ZONING AMENDMENTS, PLANNED DEVELOPMENT AND UNIQUE PROJECTS SECTION 1.0 PURPOSE, INTENT, LAWFULNESS, AND BEST PRACTICES 1 A. Purpose and Intent...............cccssssesereeee 1 B. Lawful ness. ...........sccsccsesoseees aoe 1 C. Best Practices............sccsccccsssssscsssssssscsssccsssscsscssssscnssssesssscsssessscsssescssnsssesssesscossscescsosscsscssssoessonssesenssssesensares 1 SECTION 2.0 ANNEXATION “ “ 1 SECTION 3.0 TEXT AMENDMENTS TO COMPREHENSIVE PLAN OR LDR 1 SECTION 4.0 REZONING wu... cccesssseeessereens 1 A. Standard District................scssscsscsssecscsscscscssscssessscsscsscssescsoecsssssenscsessenessssssonssseccscssccssacsssseersessesssesceseeces 2 1. Origination of Proposed Amendments. ..............::ccccececscesseeseeeeseseeenecsecececseseseeaeeaessesseeseeseeseaseseeeesensens 2 2. Formal Application. ..........cccscssesccsscssseseeseceseseesecseeeeeesecscsaecseceesaecseeaeseaseceneesessecaessecseneessssseeeaeessenses 2 3. Planning and Zoning Commission ACction.........ccccccsccssesceseeseeesseeseenecceeaseeeceecsecsecsesseeaeescseseaeeeseesenseases 2 4, City Commission Action. .........cccceccescesscesseeeceeseeseeesececesecseeececseeeaecscesaeseaesaecsecaeensensesaeesseseeseesssaeeeseseaes 2 5. Rezoning Limitation. .........ccccccccccsceeesceveesesseeeseecsseesseceseeessceseeenseessaecscecessecseceeecuessaesescsecnssateseeeeaeees 3 6. Finality of Decision. ..............cccccccscccsceeseseceeseseseeseenseeseececsccseceseseaeessessessesseesesseeessessseeeacseseseaseascneeessees 3 B. Planned Development District. 3 1. Formal] Application. 00.0.0... ceccecesccsssessecscescessecseecsecseeeseeseseeeseeeaeseesseeeseeseenaesaesacesaeseeeaeeseneeseeseceesenaens 3 2. Planning and Zoning Commission Action. ........ccccccccscesseseeeceseeseeseeeeneeseesececsesseeseeeeeneceeseeeesesecseeaeeateas 3 4. City Commission Action .........cccccccseccsesceseceseceeeeseceecseeeeeeseeaeceaeeeecsacsseseeenseseeeecesaeeeseeaeeaseaessenesseesseesaees 3 5. Zoning Map by Ordinance and Development Order. .............c.cccccseesseeseessesseeseesceeseesceseesecsesseesesecestens 3 6. Extension of Time Limits. 2.0.0.0... eccecsecsssscceeseeceseceessecsececesaceeeeeeaesseceaecaaseaeeseeeeeeaeeaesseceeseneesaeesseeas 4 7. Expiration of a Planned Development. .00..........ceeeccececceeseeseeseeseraeeeeeeecaecneeneeseeaesaessataeeessesssaeeeaeeaeeaees 4 8. Master Plan. oo... cceeecssecsscesecssecsacenecsccesececsnecnesseeeaessesaesseseaeeaecsecssecseeesecseeeeeeaeeeeaesseeseaseeeeaeens 4 95 Finality? ©£ DeGiSi Ofte rs on.r.sre.m.ncme o-n3.m oem mS wha Mi SnnrseR I DSM MaasTB ean cnn rane dee noBeBeBemecrmemere 4 SECTION 5.0 MASTER PLAN REVIEW AND REQUIREMENTS wee 4 A. Gererrall...........sccsscsssssssscssscssscsessccnscsecccsecscscsscsssssossssoessossscesseascnsssscsesessseesscoesssesssnessnsssecssosccescecssecsessasseesesees 4 1. Formal Application. ............cccecccceceesseescesscceseeeeenseeseeeaecsceeseeaeesaeeesecaeesaeseseeaesuseseessesaesaeesesaaesensesaeesseesees 4 2. Sufficient Capacity.......ccccccccccsccssscssssseeesseesesecsseeseeseseseceeesscessesseessessecseessssseessesseesusneeseesaescestecseesaees 5 3. RECOPCING. «0.0... ceeeeeceecessceeseeseceneescesseeesneeseesaesneeaesaeeesecsaesessneeaeeeeecsesaceseensessessaesaeseaeeseasesesesaeceaseeeess 5 B. Requirements.............cccsccccssesesseee Pi) 1. Master Plan Sheet Format. ....0......cccccccccsecescesseesecereceeeeneessesevnecuecnecsaesaecsneeseenseesesnesseeseeaeeaeeeseeeeeeeates 5 Qey Gem teenl Vry f Comet SA GH cm rr I PA ST IT TT A FA Bios Fan BIRRA TM sf ane Hace 5 3. Existing Conditions and Proposed Development. ...0..........:cecceecceeceeseeseeeseceeeeseteeeneeseesesaesesesenaeeaeeeseens 6 C. Special Master Plan Condition. ...............cccscsscssssssssssssscsessscsssesessesessecsscesecssevesvessescscveseessevensssessssesseesoers 8 SECTION 6.0 ZONING IN PROGRESS 8 A. Starting Date.............0000 8 B. Time in Effect. ...........ccscssscssosseeees 8 SECTION 7.0 ZONING VERIFICATION LETTERS seve 8 SECTION 8.0 VESTED RIGHTS ..000.0.0.......cscccssssscosccccvesscecescccccsssssccsscsscssosesscnsssesceccsoccsesseccersenssccsssesssessenses 8 A. Definitions........... 8 1. Applicant... ce eeccsesseessesseesneseeeeeesscesseeeseescessecesessesesesaesnecssensessaecseseneceessesetesaeetesaeeseeaseseereeneseaesaes 9 2. Date of notice of a change in a land development regulation. .......0..... ce eecceceesseenseeeseeseceeeseesteessseenes 9 3. Development ordet..........eccccccesccsccsescesccesceeseeeseesecneesecececsceececaeeesesececeaeasessaesaeeeeecseeesesaeeaeeecaeeesenesetenees 9 4. Investment-backed expectation... ceeecceeecseesseeeseeeeseseeneeneceeeenecseseeeseseessseseesecesaseesescssesssaeesesseseeees 9 5. Land development regulation, 2.0.0.0... ceeeecceseeeeeceeeeneeececeeseeecessesseeseensesseessessesseesssesecssesesseseseesensenes 9 6. Newspaper of general circulation. 00.0.0... cece eeeecceseeeeeenecesensecteesseeseessesssessecseeesesseessessesessassaseseeseaens 9 B. Development Order, .............scsccscscscsscorcsesscsesescscsssscorssersssssessensensscnsssessssssscscesesesserees 9 C. Considerations for Determination of Permit; Demonstration of Vested Rights...............cssccsssesesesees 9 1. Permit Determination Criteria... ieee eseeeeeeeeeeneceseeecneerseeseseseseesesessseceesseessecssessseesesseeseasseseenes 9 2. Development Order Demonstration Standards. .0......0... ccc ccceeeseseeesceeeeeteseeeceeteeeseseenecseseteeeeeseeeeaeeas 10 D. Application process. ............ccsessssessees .1l 1. Application Deadline. 2.0.0... eee ceeeeecceseeeseeeeeeneeeeeseneseeeeeesseenseesaseessssesessussssesessesseusentiessesseeseesesges 11 2. Application Requirements. 00.0.0... cece seeeseseeceeeseceeesserseesesecesonsesetseseecesececseesececssesecsenssseseesenseeaueas 11 3. Application REVIeW. .0......: cscs sseseseessecneececeereeceaeseessessstaesesssesesecseesesesesesscseseccesessssenssessnesessesseenee 12 4, Public Notice... cceecccccesesneeeeeseeesecseeeeensecneessneseesceseecnesesesseceseeseeeseensssseessceeseeseseseessaceessassasneegs 12 5. Term of Approval Validity. 00... cece esececeeseeeeecneeeneceseesecreeneesesceseseascsecsesiesssessesseseseeeseenesseenenes 13 E. Application fee...............scccssscsessers 13 SECTION 9.0 TRANSFER OF DEVELOPMENT RIGHTS (TDR) — DENSITY BONUG.............ccc000 13 A. Purpose and Intent............... = 13 B. Applicability. ...............sccssee . 13 C. Previous Approvalls.............0 13 D. Administration. ...........ccccccscessseees 14 TD. Gerneral. 0... ceccceseccseceeeeeeeceerseceseesecececeeseaesenersaecseeeasesaceeesacessesessessesesecesessesesscsesseasseesssssesessasaeeesass 14 2. Responsibilities. ...........ccceeccescescceseesecenecenceseeesecaeceeeseeeececsscseeeaeeeecaeseaeenseseecasesesenseesesesanessesssesessesensegs 14 E. TDR Sending Areas. ................ “ 14 LT. Gere ral. oo... cccccesccccesecessncecsecereneecesacereceeecceaceessacesesaeeessaeeesseeceseeesnseesessecesseesssrsesssssesseenseessasseesenenaas 14 2. Eligible Sending Areas. ............cccccesceeceescceteeseeeseeeeceseveneeaesseeseesseesseseeseseesscesuesecesseseueseseessaceessetieeasegs 14 3. Transfer Rate... cccccccccccesscsccesseeseesececeeseeenecceseeeneceacesnecancecessecseesseeaeeeaesesssaeeseceaesevsaeesevaeseseassaeeeaeeas 15 4. Computation of Development Rights. 00.0... eee ccc cee eee eeeeereeseeeesaeesesesnesesaeesseessesseseeeaeeeaaeas 15 5. Restriction on Future USe. .0.........eeccceecceeceseceeeneeeeseeeeeeeseceeaeecseeneeeneeenseeesaeeneeseaseesesceesesessearasentaeseaenss 15 7. Existing USeS. .......eccceccceesceseeseeceneeeseceseecsnesesceesaeeeeecsacesssecsessnsecssseessesssesseseseeessseessesesesesssesssuesseeesaenes 15 8. Remaining Land Area. 0... eececeeceseeneeeeeseeceeesaecesecesecaceassassessesenssecseseseensesssessacsasesesdeeseesesseeeaas 16 F. TDR Receiving Areas. eee ve 16 1. Eligible Receiving Areas. 0.0.0... ce cceeceseseeeseceseeeeneeeneeeseeesseeeaeeeeeeesaecessesssesesesseeeseuceessesseenseesesieeeereeseees 16 2. Qualify as a Receiving Area. ..........ccecceeceescceeeeeeeeneceneeesececcererseenseseeseeeeeesesetonteesseasensenesaesesseeneeenaags 16 3. Compatibility with Adjacent Environmentally Sensitive Lands. 000.000... cece cece ceceteeseeeeeeeeeeeeees 16 4, Prohibitions. 0.0.0.0... cccccceecceeseeseesceesceeceeeeceeeceecneeeseseneseceesaseaseeeeeseaecesenseseeetietieeseetseesseensensoneeiaseseneeente 16 G. Transfer of Development Rights Bank. voee 17 LV. Gemeral. eee eecceececeecseesercereseceeeneeeeseesevseceeseeeeseceesseceessesecsesssesesssesseseseesesseessasessesereseesseeesaeeseeseasoney 17 2. Establishment of Development Rights for the Bank............ ccc cecccesecseeseceseeseneenessenssesssessesseeesanes 17 3. Transfer Rate from the TDR Bank... ceeseeeeeeeeneeneeeeeeeeseeecnseeneeesaeseseeecsecssesesessosessenseseeesensgs 17 4. Pricing and Sale of TDR Bank Development Rights... cece cece eee ceeceseeececeseseenereeseeeesseseseeees 17 5. Revenue from the Sale of TDRS. .0.......ccececcsceseeeeeneeeerensceesessesseeseesuesseeseeseeseeeseuseaeeneesesaeseessesaeeeeesas 17 H. Housing Program Requirements. 18 1. Affordable Housing. ............cccsceeesesecseeeeceseesceseeeeseceecesenscneseseeeceeesseressseeeeessseeeseseesssenssesseseesensenseneey 18 2. Permitted Density Ranges............ccececeecenceeseeeseeeseeeneeseesseseenseeseseeeseeseeeseeeseeseesesesesesseessseesauenseeeees 18 I. TDR -— Sending Area Procedure. 19 1. Sending Parcel Application... eee eeesscescesseesecessesseesscssessesessesscseesesssesssesseessessesesesssersssesessessaeens 19 2. Review PLOcess. .........ccccceccesceeseeseceseenecesececsseceseceseceseseceeecesseessceeeeeeeeresseessecsseeesasessesseuseesseesessassaeseees 19 3. Written Determination. ............c ccc eececcccccseececceneccccceesecscvescecsscuvsessseeuuscessecauecseceseueseeaueseseceeesssseuaeness 19 4. Easement Agreement/Restriction..........cccccccsseencenerssesseesecesesecessesseeeceseeceanerseseeeseraecsssseesersatesseeeaesas 19 5. Resubmittal of Application. 00.0.0... cece ceccscessecesececeesecsseesecesssececesecsecsseessesesceaecnseesesaeenseesserseseaeenseeees 20 6. Development Rights Certificates. 000... ec cecescceseeseceeeceeeeeeesersecescesesaesseeeaeeecesesaesseceesieessneesseseaeeets 20 JT. Limitations. 2.0.0... cccceecccssccssecesseceneceseeesecsseecaeceseecaeecesecsaeseseceasceaeessteseaeceaeceeesseeeeesnececseeieestaeseeeees 20 J. TDR -— Receiving Area Procedure. 20 L. Gomera. on... cece ceseeecessceesececeseeesceceaeeesaeeseesseecsnersneceaecssaeensecsaecssscnasesaessesecsaesuaeesasseseesessesaseseaeeneaees 20 2. Pre-Application Conference... cccccesccesececesseeeseseseesteeeeesseeessecsecnseceecseeeneesecenessesaeessassasieeseeeeneesas 20 3. ReVIOW PLOCESS. ........eccceeesecceenceseneeeenacecseaeeessaesessneeeeeeeesssecsaessseeccieecseaeeceseneensasesesesessessacensessaaeeeranees 20 4. Contents of Application, 20.0.2... ce ccecceceecsececeseeceaeceeeeeaceceseeaeeesneeeessseceieessneeeseeeaerseseessensetaeetiaeesnees 21 5. Standards. ..........cccccceescessesseceseeececececeeseceseccesseesaeseaeccecseceacenececsaeceesseceeeseeeesesseaeseseaeeenaeeasueeeneseaeenas 21 6. Contract for Sale and Purchase of Development Rights. ..0......... oc ceececesceeseeeseeseeneeseessseeeseteeeeeeeneenes 22 K. Notification to Property Appraiser’s Office. ...............ssccccsssscssssssssssssccsssccssssnssesnscncessesessenssnseseseoess 22 L. City Initiated Land Use Amendment. aac 22 M. Overall Accounting System for TDR Density. on 2d 1. Density Reduction. 0.0.00... cceccccscessseeseceeeseceseeeeeecaceesceceeeceseenanecseecereseaeseeaeceseeeaeesseeneeseseeseseetseensesesaaees 22 2. PD Unused Density. ...0........cccccecccescesceeseeeseesecesecnsceecesecececseeseceseesaeenecseeseeeeseeasenesscceasenseseneseesereeneeeaeeas 22 SECTION 10.0 APPEALS .........cccecseeseeee 22 A. Right of Appeal. ............cecscssesees 22 B. Procedure For Appeal; Time Limitation. wo 23 1. Formal Application. .............ccccecccsccsseeescesecenecseeesecescesaceseseaeesecenecessceeaeeesecesecsaceeessesenessecsesesnensaeeaeeseees 23 2. Submittal Time Period. ....0......ccc cc ceccccccesscesececeseseseseeceeeceseeeneeeeeceneesaeeeseecesuecsaeenseesaessseneesseesesessesesaes 23 3. Required Materials. .............ccccecccececscceceeseeesceeneessecsecesecsceesecseesseeseessecseesaeeeaaseaceseseaseaseneeneaaseevadseseeeaeses 23 4. Transmittal to City COMMISSION. ............cccceeccesceeeereeececeseeseeseeeceseecacesseeseaeeesaeesseeetesseeesesesienaeeseaeeenaes 23 C. Hearing...... 23 D. Scope of Review of City Commission. 23 E. Effect of Appeal; Stay of Proceedings. we 23 F. Rules of Procedure. 24 G. Notice and Hearing Procedure for Administrative Appeals. 24 1. Date of Hearing for Appeals. .............ceccecceesceceeeeeereeseeeeceaeeseeeneeeeeeseseeeescessecnsseseeneessecesteseassesseenseenee 24 2. NOC. .....cccceccccesscesscesssessecceseecsceessccsseceneeeuscecsusecsceceasecneceasenseeseaeensteneeeseaeesssecsaeceaeeeaeeeseesesecaeeseaseeeees 24 3. Appearance and Argument, 00.0.0... cecceeceseseeseeceereceseeraceceneeeeenanceseesseeensseseaeesseseeeesseaseresscesensaeseesenees 24 4. Decision and Order by the City Commission. 2000.0... eee cee ceceeeeceeceeeeeseeeaesesesseesecseseeeeeseeseeeseeeae 24 H. Finality Of Decision ................cccece 24 I. Judicial Review of Decisions ...................cccsscsccsssssccsssccsssssecsesecssscessnssssnesscsesccsnsscsssecssosecsctesensesessseesenes 25 SECTION 11.0 WAITVERG.i............csccssscsesorees 25 A. Applicability. ...........sc0e0 25 B. Stand ards.............csccscccsssesees 25 C. Effect Of Waiver, .........cccccssccscscessscsessnecseecoreccsscecssecersscesocssescssavsouscessronsovevereesseoscssanseenscasoverencsveonsasoenacess 25 ARTICLE IV ZONING AMENDMENTS, PLANNED DEVELOPMENT AND UNIQUE PROJECTS SECTION 1.0 PURPOSE, INTENT, LAWFULNESS, AND BEST PRACTICES A. Purpose and Intent. It is the purpose and intent of this Article to provide specific processes and procedures for the development of master planned communities, the amending of City LDRs and Comprehensive Plan goals, policies, and objectives, the rezoning of properties, the transfer of development rights, and other supplementary processes. It is necessary for these development tools to be clearly defined as they are the processes that have the ability to implement large scale changes that can significantly impact the community’s character and living conditions for significant areas of the City. While some of these processes are governed by State law, their specific processes have been included within this Article to provide easier access and clarify their connection to other processes; provided, however, as to statutory processes, they control over their recitation in this Article. B. Lawfulness. Any deviation from the provisions of this Article, unless specifically stated herein or allowed by other provisions of the LDR, the Administrative Official, or as granted in a development order, is prohibited and unlawful. C. Best Practices. All reviews and determinations of the provisions within this Article by the Administrative Official shall be to implement the Purpose and Intent of this Article together with sound and generally accepted land use planning practices and principles. SECTION 2.0 ANNEXATION The City has the authority to annex any contiguous parcel, lot, or tract in accordance with Chapter. 171, Florida Statute. Annexations result in the change in the municipal boundary through the increase in land areas by either voluntary annexation or the annexation of enclaves and the reduction of land area through the process of contraction. Annexations may be privately initiated as prescribed in the City Code. All annexation applications are provided by the City Clerk and complete annexation applications must be submitted to the City Clerk. SECTION 3.0 TEXT AMENDMENTS TO COMPREHENSIVE PLAN OR LDR Amendments to the text of the ZDRs may occur pursuant to Section 166.041, Florida Statutes. Prior to consideration by the City Commission for enactment, such ordinances shall be submitted to the Planning and Zoning Commission, as the City’s local planning agency, for review and recommendation as to whether the ordinance is consistent with the City's Comprehensive Plan in accordance with Section 163.3174, Florida Statutes; provided, however, that if the Planning and Zoning Commission fails to make a recommendation after the matter has been agendized twice before the body, the City Commission may take action without a recommendation. SECTION 4.0 REZONING The Zoning District Map may be amended to change the zoning district assigned to a parcel, lot or property within the City in accordance with the following procedures: Iv-1 XX/XX/KX Return to Ord. No. XXXAXX Table of Contents A. Standard District. A parcel, lot or property may be rezoned to a district that is consistent with the future land use designation assigned to the property as well as the entirety of the Comprehensive Plan. Rezonings may be initiated by either the public through a formal application or by the City Commission. 1. Origination of Proposed Amendments. Proposed amendments to the Zoning District Map may originate by vote of the City Commission, the Planning and Zoning Commission or by application of the owners of 51 percent or more of the land area involved in the proposed change; provided, however, that dissenting owners shall be deemed to have standing for any challenger to or of any decision. a. Initiated by City Commission. Proposals originating with the City Commission, or the Planning and Zoning Commission must be reflected in an appropriate resolution of the originating body and a copy of such resolution, upon adoption, shall be filed with the Administrative Official. b. Initiated by Private Owner. Proposals originating with the owners of 51 percent or more of the land area involved in the proposed change shall be in the form of an application required and provided by the Administrative Official and shall be submitted to the Administrative Official together with the fee. Such application shall be signed by the owners of 51 percent or more of the land area involved in the proposed change and described in the application or by the authorized agent of such owner or owners. Written authority authorizing a person other than the property owner, or 51 percent or more of the owners of the land area involved, to sign an application shall be attached to such application. 2. Formal Application. Any application for the rezoning of any standard zoning district to another zoning district shall be submitted in accordance with the provisions of Article L Section 7.0. 3. Planning and Zoning Commission Action a. Referral to the Planning and Zoning Commission. Any proposal for a rezoning shall, upon receipt by the Administrative Official, be referred to the Planning and Zoning Commission for consideration and recommendation to the City Commission. b. Hearing By Planning and Zoning Commission. The Planning and Zoning Commission shall hold a hearing in accordance with Article I, Section 7.0.C.6. The Planning and Zoning Commission shall recommend adoption or denial of the application to the City Commission provided, however, that in the case of a proposed planned development master plan, the Planning and Zoning Commission shall recommend adoption, adoption with modifications or conditions or denial of the application to the City Commission. Recommendations for denial must state a collective basis for the recommendation and it shall be presumed that the basis for denial or approval was stated in the staff report, but an alternative or supplemental basis may also be stated. 4. City Commission Action. Following a hearing by the Planning and Zoning Commission, the Administrative Official shall submit the proposed amendment to the Zoning District Map, with the recommendation of the Planning and Zoning Commission, to the City Commission for consideration in accordance with Article I, Section 7.0.C.17. and the following: a. The City Commission shall consider and act upon such application and the recommendation of the Planning and Zoning Commission in the manner prescribed by law for the adoption of ordinances and thereafter approve or deny such proposed amendment. IV-2 XX/XX/XX Return to Ord. No. KX-KXXX Table of Contents b. In acting upon a proposal to amend the Zoning District Map, the City Commission may approve a more restrictive, less dense or intense, zoning district than the district proposed, including, but not limited to, applications relating to planned development; provided, however, the conditions relating to approval of a planned development must be accepted by all property owners in order to implement such an approval. 5. Rezoning Limitation. It shall be presumed at a quasi-judicial proceeding that a proposal to rezone property to a zoning district different than the abutting property would be incompatible unless all of the following are proven to exist: a. The parcel has a minimum of 75’ of street frontage, b. The parcel has a minimum of 10,000 square feet. c. The parcel is being rezoned to be added to an existing Zoning District of an adjacent property of any size or frontage. 6. Finality of Decision. Whenever the City Commission has taken action to deny an application of a proposed amendment to the Zoning District Map, no lication shall be received for a period of one year consistent with the provisions of Arle I, Section 7.0.C.5..3)8). B. Planned Development District. Approval of planned development district shall constitute and thereby require an amendment to the Zoning District Map. Planned development projects shall be subject to the regulations of Schedule D. The procedure for review of planned development project plans shall be as follows: 1. Formal Application. Any application for the rezoning of any zoning district to a planned development district shall be submitted in accordance with the provisions of Aric, Seoton 7.0. paste plan shall be required and all plans shall be submitted in accordance with 2. Planning and Zoning Commission Action. a. Referral to the Planning and Zoning Commission. Any proposal for a rezoning pursuant to this Section shall, upon receipt by the Administrative Official, be referred to the Planning and Zoning Commission for consideration and the formulation of a recommendation to the City Commission. b. Hearing By Planning and Zoning Commission. The Planning and Zoning Commission shall hold a hearing for recommendation to the City Commission in accordance with Article I, Section 7.0.C.6. The Planning and Zoning Commission shall recommend adoption, adoption with modifications and/or conditions or denial of the application to the City Commission. 4. City Commission Action. Following a hearing by the Planning and Zoning Commission, the Administrative Official shall submit the proposed amendment to the Zoning District Map, with the recommendation of the Planning and Zoning Commission, to the City Commission for consideration in accordance with Article I, Section 7.0.C.7. The City Commission shall consider and act upon such application and the recommendation of the Planning and Zoning Commission in the manner prescribed by law for the adoption of Ordinances by the City Commission and thereafter adopt or refuse to adopt such proposed amendment. 5. Zoning Map by Ordinance and Development Order. a. The Zoning District Map shall be amended by ordinance enacted by the City Commission. IV-3 xanax Retum to Ord. No. KXKXXX Table of Contents b. All zoning map amendments that include planned development projects shall be approved, in supplementation to the enacted ordinance, by a non-statutory development agreement in the form specified in 6. Extension of Time Limits. The City Commission may prescribe requirements in excess of those otherwise required by the LDRs, as a condition to approval of such proposed master plan, subject to the following. a. The approval may specify time limits within which all or specified portions of the development contemplated shall be commenced or completed. b. Only the City Commission may grant a time extension to an approval with specified time limits. Such extension shall not exceed six months and may only be granted within the original period of validity. c. Ifthe City Commission does not specify a time limit, the planned development project approval shall expire three years from the effective date of the approval and all work must be completed within the three-year time frame. d. The Administrative Official may grant an extension of time not to exceed six months and only within the original period of validity to the time limit when the City Commission specifies no time limit. An extension of more than six months may be granted by the City Commission. 7. Expiration of a Planned Development. If an approved master plan for a planned development or a development order extending the time expires without compliance with such order, the action of the City Commission approving the master plan shall be automatically rescinded without City Commission action and the zoning district shall revert to the prior zoning district or to a district consistent with the future land use designation assigned to the property as determined by the Administrative Official. 8. Master Plan. If, after approval of a master plan for a planned development the owner of any property within the subject properties of the master plan may apply to amend the plan pursuant to ea of this Article If approved, all owners must execute the non-statutory development agreement. 9. Finality of Decision. Whenever the City Commission has taken action to deny a rezoning application, no application for the same rezoning shall be ted by the City for a period of one year consistent with the provisions of SECTION 5.0 MASTER PLAN REVIEW AND REQUIREMENTS A master plan is a comprehensive, long-term dynamic document that provides a conceptual framework for growth and provides design guidelines for the physical development of the subject area. It includes the entire parcel(s) proposed for development. A. General. A master plan covering the entire parcel(s) proposed to be developed or subdivided is required prior to, or in conjunction with, a development plan or subdivision plan, whichever is applicable, that covers the specific portion of the entire parcel proposed to be developed or subdivided. A master plan constitutes the controlling document used and required for all planned development projects covering the entire parcel(s) in question. Any modifications or amendments to a master plan shall also follow these procedures. 1, Formal Application. The Fam & for submission, review and approval of a proposed master plan shall be submitted subject to Section 7.0. Iv-4 XX/xX/xx Return to Ord. No. KXXx% Table of Contents 2. a. The proposed master plan shall be transmitted to the Historic Preservation Board for appropriate action if roquired by Schedule S, Seotion 40 b. The proposed master Fra shall be transmitted to the Airport Zoning Commission for appropriate action if required by Section 9.0. Sufficient Capacity. No final development order shall be granted for a proposed master plan until there is a finding that all public facilities and services have sufficient capacity at or above their adopted level-of-service (LOS) to accommodate the impacts of the development including, but not limited to, traffic impacts, or that improvements necessary to bring facilities up to their adopted LOS will be in place concurrent with the impacts of the development, as defined in Schedule 0, Concurrency Management of these LDRs. Recording. One copy of the master plan shall, when approved, shall be signed and dated by the Mayor. a. The approved and signed master plan shall be filed with the Administrative Official and constitute the basis for preparation and submittal of future development plans or subdivision plans for the parcel in question. b. No site development permit and/or certificate of completion shall be issued on the basis of an approved Master Plan until an Engineering Plan or Subdivision Improvement Plan for the specific land or water area in question has been approved and recorded by the Administrative Official in conformity with the provisions of the LDRs. B. Requirements. All master plans and supplementary material shall cover the entire parcel(s). All master plans shall contain at least that data and information prescribed below: 1. Ord. No. KX XXXx Master Plan Sheet Format. Master Plans shall be drawn at a scale of 200’ to the inch or larger. The maximum sheet size for master plans shall not exceed 24” by 36”. Multiple sheets may be used provided each sheet is numbered and the total number of sheets is indicated on each sheet. Cross referencing between sheets shall be required. Necessary notes and symbol legends shall be included. Abbreviations should be avoided but if used they shall be defined in the notes. General Information. The master plan shall include, at a minimum, the following general information: a. The identification "Master Plan" on each sheet. The master plan shall conform to the naming convention guidelines. b. Legend. The legend shall include the following: 1) Name of Development. 2) Proposed Street Address. 3) Acreage. 4) Scale. 5) North Arrow. 6) Preparation/Revision Date. 7) Tax Parcel No. (Seminole County Property Appraiser). c. Name, Address and Phone Number. A name, address and phone number shall be provided for the following: IV-5 Return to Table of Contents 1) Owner. 2) Owner's Authorized Agent. 3) Engineer. 4) Surveyor. 5) Others involved in application. Vicinity Map. The vicinity map shall show relationship of site to surrounding streets and public facilities at a scale of 1":2000' or larger. Legal Description of the subject parcel. The legal description shall be provided in word document format. 3. Existing Conditions and Proposed Development. Ord. No. The master plan shall show the existing and proposed location and general dimensions of the following: a. Streets. Streets shall be shown both on and adjacent to the site including: 1) Name. 2) Location. 3) Right-of-Way Width. 4) Driveway Approaches. 5) Medians and Median Cuts. 6) An analysis of the traffic circulation and related impacts based on requirements in Schedule Q, Concurrency Management. Easements. Easements shall be shown indicating location, dimensions, purpose, and maintenance responsibility. Utilities. Indicate the utility provider and capacity. Zoning Districts. The zoning district assigned shall be provided for the subject property. On-Site Improvements and Uses. The following on-site improvements and uses shall be shown: 1) Residential areas including acreage, housing types, maximum height, densities, and maximum number of dwelling units by type, phase, and total parcel. 2) Nonresidential areas including acreage, maximum square footage, maximum height, and type of use. 3) General areas of permanent open space, recreation or buffers including acreages. 4) General areas, including acreages, to be reserved or dedicated for public parks, playgrounds, schools, or other public uses. 5) Boundaries of areas proposed for subdivision including their designated purpose and/or use, provided, however, the subdivision of such areas shall be subject to all provisions and requirements of the City's subdivision regulations. 6) Boundaries and numerical sequence of proposed development phasing. Adjacent Improvements, Uses and Zoning. All improvements, uses, and zoning shall be shown a minimum of 50’ beyond the subject property boundaries. IV-6 Retum to Table of Contents . Topography. As delineated by U.S. Geological Survey Maps or other competent expert evaluation and extending 50’ beyond the property boundaries. All elevations shall be based on mean sea level datum and referenced to the United States Geodetic Survey or its equivalent. . Soil Type(s). As identified in the Soil Survey, Seminole County, Florida, U.S.D.A. Soil Conservation Service, or other competent expert evaluation. When soil suitability limitations are indicated for the proposed development, the City Engineer may require a preliminary soil analysis by a qualified soils engineer. 100-year Floodplain. The 100-year floodplain shall be indicated as identified on Map I-1, Water Resources of the Comprehensive Plan. Drainage. Depict existing drainage characteristics and proposed stormwater management concept. . Surface Water. Indicate the approximate normal high-water elevation or boundaries of existing surface water bodies, streams, and canals, both on and within 50 feet of site. Wetlands. Indicate all wetlands as identified by the Future Land Use Map of the Comprehensive Plan, designated as Resource Protection (RP), St. Johns River Water Management District Wetlands Mapping or other competent evaluation. . Natural Vegetation and Landscape. Indicate general location, size and type of existing upland wildlife habitats as identified on Map I-9, Vegetative Communities of the Comprehensive Plan and identify general location, size and type of proposed vegetation including trees. . Wellfield Protection Zones. Indicate whether the parcel is located within a wellfield protection zone as identified by the Wellfield Protection Zone Maps on file in the Department of Engineering and Planning. . Aquifer Recharge Area. Indicate all aquifer recharge areas as identified on Map I-1, Water Resources of the Comprehensive Plan. . Potable Water and Wastewater. Indicate required potable water and wastewater capacity, available capacity, and provider. . Fire Protection. State method of fire protection. Reclaimed Water. Include a statement regarding the use of the City’s reclaimed water system including the amount of reclaimed water to be utilized and method of disposal on the site. Solid Waste Disposal. Include a statement regarding the proposed provider, projected amount, and method of solid waste disposal. Explain hazardous waste disposal if applicable. [V-7 Return to Ord. No. Table of Contents C. Special Master Plan Condition. When a master plan covers the entire parcel proposed for development, no site development permit or certificate of completion shall be issued for a lot, tract, phase, or other increment of development which covers only a portion of the entire parcel proposed for development when the effect of action would result in a violation of the LDRs. SECTION 6.0 ZONING IN PROGRESS During the period of time that the City Commission is considering either a text amendment to the Comprehensive Plan, an amendment to the LDRs or a change of zoning district, no development permit or development order of any kind will be issued if issuance would result in the nonconforming or unlawful use of the subject property should the Comprehensive Plan amendment, LDRs text amendment or zoning district change be finally enacted by the City Commission. The period of time in which the aforementioned freeze of development permitting shall be in effect shall be known as the period of zoning in progress. A. Starting Date. The zoning in progress period of time shall begin on the earlier of the following: 1. The date the City Commission instructs the City Manager to cause the publication of a notice of a public hearing before the City Commission to consider a resolution declaring zoning in progress; or 2. The date the Planning and Zoning Commission held its initial public hearing on the text amendment or zoning district change. 3. The date the City Commission grants a resolution declaring a zoning in progress that was prepared and presented by the Administrative Official. B. Time in Effect. The period of time that the zoning in progress is in effect shall not exceed six months after notice of a public hearing before the City Commission for a text amendment to the Comprehensive Plan, an amendment to the CDRs or a change of zoning district has been published. 1. The City Commission may extend the zoning in progress by up to six additional months if deemed necessary for the public health, safety and welfare; 2. If final action by the City Commission is not taken on the proposed change within the timeframe prescribed in this section, the development permit or development order shall be issued if it is consistent with existing permitted land uses, land development regulations and zoning district requirements. SECTION 7.0 ZONING VERIFICATION LETTERS Zoning verification letters are typically requested by an applicant, agent, or owner to obtain either limited or in- depth information about a specific parcel or development or for the general zoning district or future land use designation. Depending on the information requested, PRS will administratively gather and provide all available or applicable documentation of approvals or denials, code regulations, current and past applications, development orders, and ordinances for a zoning interpretation letter as issued by the Administrative Official. The documentation, as requested, will be provided along with a letter summarizing the gathered information about the subject property. SECTION 8.0 VESTED RIGHTS A. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. IV-8 xx) xx/Kx Retum to Ord. No. Table of Contents Applicant. Means any person, partnership, corporation, or other legal entity having an ownership interest in a parcel of real property in the City, or his/her/its designated lawful attorney-in-fact, who applies for a determination pursuant to this section. Date of notice of a change in a land development regulation. Means the date on which a notice ofa public hearing on a proposed change to the LDRs was first published in a newspaper of general circulation. Development order. Means any order granting, with or without conditions, a permit for development including, any building permit, zoning permit, rezoning, subdivision approval, site plan approval, special exception, conditional use, variance, or any other official action of the City. Investment-backed expectation. Means the expenditure of substantial sums of money by the applicant which cannot be recovered by the applicant, or an irreversible and substantial change of position that imposes on the applicant an obligation to expend sums of money in the future. Land development regulation. Means a regulation in the LDRs that controls the development of property including, but not limited to, regulations for: zoning, land development, utilities, building, life safety, fire and others that affect the use, density, or intensity of land use. Newspaper of general circulation. Means the same as set forth in the Florida Statutes. B. Development Order. 1. Upon application and after review as provided herein, the City Commission may authorize as a development order an exception to the otherwise applicable provisions of the currently effective City Comprehensive Plan or the LDRs. The special permit shall be a development order for a specific type, level, nature, density, intensity, or other form of development of a specifically described parcel of real property. The special permit may be granted upon a finding by the City Commission that the applicant has demonstrated, pursuant to the standards set forth in this section, that the applicant has a preexisting vested right to commence, maintain, and complete a specific level, type, nature, density, intensity, or other form of development. The development order may be granted with or without conditions as may be appropriate considering the evidence drawn up and reviewed before the City Commission. The development order is not transferable, in whole or in part, to any other parcel of real property or to any other person, corporation, or other legal entity. C. Considerations for Determination of Permit; Demonstration of Vested Rights. 1. Ord. No. KXXXXX Permit Determination Criteria. In determining whether a right to commence, maintain, and complete construction of a specific level, type, nature, density, intensity, or other form of development has been vested, the following factors shall be considered: a. Whether there has been an act or omission to act by the City; b. Whether a City official acted or omitted to act and the personnel rank, official position and authority of that official; c. Whether the City official acted or omitted to act within the course and scope of his/her personnel rank, authority and official position; IvV-9 Return to Table of Contents d. The nature of the act committed and date thereof, or the nature of the omission to act and approximate date thereof; e. Whether the applicant made a substantial change in position, or has an investment backed expectation, based upon the City's act or omission to act; f. The nature of the applicant's change in position or investment-backed expectation, including expenditure of money or obligation to expend funds, amounts thereof, dates of expenditures; or incurrence of the obligation to incur expenditures, acts committed which represent a change in position, and dates thereof; g. The good faith of the applicant in substantially changing his/her position, or the incurring of extensive obligations and expenses based upon the City's actions or omissions to act; h. Any legally permitted acts of the applicant and the specific dates thereof associated with physical improvements on the land or for the design of specific buildings and improvements to be constructed on the site; i. The extent to which the applicant has secured building permits for, and commenced in whole or in part, but not completed, the construction of physical improvements on the land, utility infrastructure or other public improvements or buildings germane to a phased development that was contemplated to extend over a period of months or years; j. Whether the applicant prior to or on the date of notice of a change in a land development regulation has made contractual commitments to complete structures and deliver titles thereto or occupancy thereof, and the dates of and amounts of money involved in those commitments; k. Whether prior to, or on, the date of notice of change in a land development regulation for the currently effective Comprehensive Plan, LDRs, or applicable section of either document, the applicant incurred financial obligations to a lending institution, which, despite a thorough review of alternative solutions, the applicant will be unable to meet, or it would be inequitable and unjust to require the applicant to meet, unless permitted to proceed with the previously permitted specific level, type, nature, density, intensity, or other form of development; |. Whether enforcement of the terms of the currently effective Comprehensive Plan or LDRs will expose the applicant to substantial monetary liability to third persons, or will leave the applicant completely unable, after thorough review of alternative solutions, to earn a reasonable return on investment in the property; m. Whether the right of the applicant to commence, maintain, and complete the proposed development, or a specific level, type, nature, density, intensity, or other form of development has been vested only with respect to an identifiable and discreet portion of the applicant's property; and n. Any other information relevant to understanding the applicant's claim to vested rights to develop his/her/its real property in a particular manner that may be pertinent under State or Federal law. 2. Development Order Demonstration Standards. The right of the applicant to commence, maintain, or complete construction of a development or to a specific level, type, nature, density, intensity, or other form of development on his/her/its parcel of real property, or a portion thereof, is vested if the applicant can demonstrate that: a. The applicant owned the parcel of real property proposed to be developed on the date of notice of a change in a land development regulation, and that the specific level, type, nature, density, intensity, or other form of development proposed for the parcel of real property was lawful and legally permitted at that time; IV-10 sae Reum to Ord. No. Table of Contents b. The applicant has continuously owned the parcel of real property since the date of notice of a change in a land development regulation until the date of the public hearing before the City Commission on the special permit application; c. The most current legislated City Comprehensive Plan or LDRs, or portion thereof, cited by the applicant as being counter to the applicant's vested right to commence, maintain, and complete construction of a specific level, type, nature, density, intensity, or other form of development, has a material and adverse effect upon the applicant's vested right to develop the subject parcel or continue the use of real property as contemplated; d. By application of the considerations set out in this Section, the applicant in good faith upon some act or omission of the City has made such a substantial change in position it has an investment-backed expectation that would make it inequitable and unjust to destroy the right of the applicant to commence, maintain, and complete a specific level, type, nature, density, intensity, or other form of development upon all or a portion of the applicant's parcel of real property; and e. The requirement that the applicant's property be developed in accordance with the currently effective City Comprehensive Plan or LDRs, will deprive the applicant of a reasonable rate of return on investment or effectuate a substantial change in position, given the substantial change in position of the applicant or the creation of an investment-backed expectation prior to or on the date on which the most current City Comprehensive Plan or LDRs, was subject to a notice of a change. In determining the reasonableness of the projected rate of return, the following categories of expenditures shall not be included in the calculation of the applicant's investment: 1) Expenditures for professional services that are unrelated to the design or construction of the contemplated improvements proposed; 2) Expenditures for taxes, except for any increases in tax expenditures which result from issuance of a development order which would now be contrary to the currently existing City Comprehensive Plan or LDRs; and 3) Expenditures which the applicant would have been obligated to incur as ordinary and necessary business expenses including, but not limited to employees’ salaries, equipment rental, chattel mortgage payments. f. The fact that the property has been or is in a particular zoning district or Comprehensive Plan classification under the currently effective City Comprehensive Plan or LDRs, or any prior City Comprehensive Plan or zoning ordinance of the City, shall not, in and of itself, establish that an applicant's right to commence, maintain, and complete construction of a specific level, type, nature, density, intensity, or other form of development has been vested. D. Application process. 1. Application Deadline. Any person, partnership, corporation, or other legal entity having an ownership interest in a parcel of real property may file an application for a special permit within six months of the effective date of the amendatory ordinance that rezones, changes the land use of the property, or otherwise materially and adversely affects the applicant's parcel of land (or portion thereof) so as to prohibit the specific level, type, nature, density, intensity, or other form of development, in whole or in part, or vested rights shall be deemed to have been waived. 2. Application Requirements. The application shall be filed with the Administrative Official who shall, upon receipt of the same, stamp the application with the date and time. The application shall contain: Iv-11 XX/XX/xx Return to Ord. No. XXXXXX Table of Contents a. A concise and complete recital of the facts, including dates of expenditures or obligation to expend funds, dollar amounts, the nature of expenditures or obligation to expend funds, and other factors which are claimed to support the claim to a vested right to commence, maintain, and complete a specific level, type, nature, density, intensity, or other form of development; b. A legal description of the parcel of real property and a survey, if available, thereof upon which the applicant claims to have vested development rights; c. The applicant's name, address, and telephone number, email address and fax number; d. The name, address, and telephone number, email address and fax number of any attorney or agent who is or will be representing the applicant; e. A title opinion by a Florida licensed attorney or a complete abstract of title or other evidence acceptable to the City demonstrating that the applicant has continuously held title to the real property described in the application from the date of the notice of a change in amendatory ordinance in question until the date of application for the development order; A complete description of the extent and quality of ownership of the real property during that period; g. An affidavit under penalty of perjury executed by the applicant before a notary public attesting to the truth, accuracy, and veracity of the application based on the applicant's personal knowledge and all attachments thereto; and h. Such other information relevant to the standards and matters germane to this section as the director of planning and development services may specify. 3. Application Review. Applications shall be submitted in accordance with Article I, Section 7.0 with the following exceptions to the process. a. Within 14 days of submission, the Administrative Official will determine whether the petition is technically complete and will accept it or request corrections. A technically incomplete application shall be returned to the applicant with written notification of the deficient items. The applicant shall be granted 14 additional calendar days to complete this application. If a response is not submitted to the Administrative Official within the time specified, the application shall be deemed abandoned. b. Within 30 calendar days of determining that an application is technically complete, the City Manager shall schedule a public hearing before the City Commission to review the application and the City Commission makes a final determination as to whether or not vested rights have been clearly and convincingly demonstrated. c. Within seven calendar days after making a final determination of vested rights status, the City Commission shall provide the applicant with written notification of the determination of vested rights status. If the City Commission determines that vested rights exist the applicant shall have the right to rely upon such written determination and the determination shall be final. 4. Public Notice. In addition to published notice in a newspaper of general circulation, actual notice of any hearing before the City Commission for recognition of vested rights status shall be mailed to the applicant and all persons who are required to be so noticed with regard to applications for a major conditional use. [V-12 XX/XX/xx Return to Ord. No. KX-XXXX Table of Contents 5. Term of Approval Validity. Any determination by the City Commission with respect to vested rights and the issuance of a development order under this Section shall expire and be of no further force or effect, unless construction is commenced on the parcel of real property within one year of the date that the development order 1s filed with the City Clerk. For good cause shown by the applicant, the City Commission may, in its legislative discretion, extend the foregoing one-year period by a time period of up to an additional year. E. Application fee. The City Commission shall establish the required application fee by resolution, per Article VII. The fee shall cover the cost of processing the special permit application, advertising and the preparation and mailing of notices as well as related administrative costs of the City. All fees shall be paid in full prior to any vesting determination being considered valid. SECTION 9.0 TRANSFER OF DEVELOPMENT RIGHTS (TDR) — DENSITY BONUS A. Purpose and Intent. The purpose of this Section is to provide for a program authorizing the transfer of development rights (TDR), including the establishment of a TDR bank, to facilitate both the protection of environmentally sensitive lands (ESL) and to promote orderly growth in the City. This is accomplished by allowing development rights to be severed from environmentally sensitive, public, and agricultural lands assigned a future land use (FLU) designation of SE, PSP, PRO, and RP and be transferred to sites where additional development can be accommodated. The TDR Program is designed to redistribute population densities, or development potential, to encourage the most appropriate and efficient use of resources, services, and facilities. Further, it is the purpose and intent of this Section to provide an alternative to the development of environmentally sensitive lands by establishing a mechanism to seek economic relief from the limitation of development imposed on these lands. TDR can mitigate inequities in the valuation of land by providing a means of compensating landowners whose property is restricted, by permitting the sale of development rights, and making landowners in more intensively developed areas pay for the right to develop beyond the existing density, by purchasing development rights. The TDR program allows a property Owner to achieve a density bonus by purchasing the increase in density from the City TDR bank, or from a property Owner with land in a designated sending area, without going through the land use designation amendment process. In order to increase density, the site must meet the requirements to become a designated receiving area and follow the procedures as described in this Section. After development rights have been transferred from the sending area to the receiving area, an appropriate conservation or preservation easement shall be attached to the sending area and recorded in the official Records of Seminole County, restricting future development potential. B. Applicability. This Section shall apply to property in the City, which is located within designated sending areas, as defined in Section 9.0.F, TDR sending areas. Development rights may be transferred from sending areas pursuant to the procedures contained in this Section, to property which meets the qualifications to receive such density according to Section 9.0.G, and the standards contained herein. The use of TDR shall be allowed in all residential zoning districts and shall be approved pursuant to this Section. TDR units may be utilized for all housing types. C. Previous Approvals. All previously approved TDRs, as long as they remain in force, shall remain valid and shall not be affected nor changed by subsequent revisions to the TDR Program. IV-13 XX/XX/XX Return to Ord. No. Table of Contents D. Administration. 1. General. Except as otherwise specified, the TDR program shall be administered by the Administrative Official. 2. Responsibilities. The Administrative Official of the City shall be responsible for: a. Establishing, administering, and promoting the City’s TDR program; b. Establishing and administering the TDR bank; c. Ensuring the orderly and expeditious processing of TDR applications under this Section; d . Executing contracts for sale and purchase of TDR units being purchased from the City’s TDR bank, including related escrow or similar bonding agreements, and TDR deeds as part of the approval process; e. Ensuring the contracts for sale and purchase of development rights are executed, and all deeds and conservation easements are recorded; Ensuring that the Property Appraiser’s office is notified of all TDRs; g. Ensuring that the densities approved through the TDR program are placed on appropriate maps within the City with notations following approval of the TDR sending and receiving areas; and, h. Ensuring that all appropriate maps are amended by a City initiated land use designation amendment to reflect an appropriate future land use designation for land acquired by the City whose units are placed in the TDR bank. E. TDR Sending Areas. 1. General. Sending areas represent those areas of the City that are designated as environmentally sensitive, including wetland, floodplain, and conservation areas, the City Commission determine warrant protection. Sending areas may also be non-environmentally sensitive lands that are determined by the Administrative Official as meeting the eligibility standards. The owner of property in a designated sending area may transfer the development rights to a parcel of land in a designated receiving area, subject to the provisions of this Section. 2. Eligible Sending Areas. a. Private or publicly owned lands assigned the PSP, PRO, RP, LDR, MDR, HDR, or SE future land use designations; 1) Site that have been approved by the City Commission as an environmentally sensitive land; or, 2) Site that are approved by the Administrative Official, through application, verifying the area meets one of the following criteria: a) Rarity in City of native ecosystems present on the site. b) Diversity of the native ecosystems present on site. c) Presence of species listed as endangered, threatened, rare, or of special concern by the U.S. Fish and Wildlife Service, the Florida Fish and Wildlife Conservation Commission, or another agency of Florida government. d) Significant wetland or floodplain presence on the site that may not feasibly be mitigated. e) Presence of historic or archaeological significance. f) Cannot be located contiguous or adjacent to the receiving area parcel. b. The City Commission may also designate any areas worthy of protection, provided that the sites: 1) Further the purpose of the TDR Program in keeping with the criteria listed above; or IvV-14 Xx/XX/XX Return to Ord. No. KX-KXXK Table of Contents 2) Further other City goals, objectives, and policies. At such a time that the City Commission determines that a parcel of land is either environmentally sensitive, or preservation of the site is in the public interest, the parcel is eligible to become a sending area. 3. Transfer Rate. The owner of land which is designated as a sending area may elect to transfer development rights as provided in this Section. Development rights may be transferred from sending areas according to the following schedule. a. Development rights may be transferred from all eligible sending areas at a rate which equals the maximum density permitted by the future land use designation for the gross acreage of the property, as determined by the Administrative Official. The City Commission may reduce the total transferable units of a sending area to be equal to the number of units being transferred to a receiving area for any site if they determine the sending area site should not retain any development rights due to its environmental sensitivity or public interest. b. Development rights may be transferred from all City owned or public property at the maximum allowed as determined by the City Commission within the City regardless of assigned future land use designation, based on the gross acreage of the site. 4. Computation of Development Rights. The number of development rights assi to a sending area parcel of land shall be determined by the Administrative Official pursuant to , Eligible Sending Areas, and Section 9.0.J, TDR - Sending Area Procedure, as calculated below: a. All development rights shall be in whole numbers, no fractions shall be permitted. Any fractional residential unit that may occur during calculations shall be converted upward, if one-half or more of a whole unit, or downward, if less than one-half of a whole unit, to the nearest whole unit. b. The amount of development rights assigned to a sending area parcel shall be reduced by one dwelling unit for every conforming residential structure situated on the property at the time of approval. 5. Restriction on Future Use. Upon City Commission or Administrative Official approval of the TDR transfer, a conservation easement shall be recorded for the sending area. a. Prior to recordation of the easement, a legally enforceable maintenance plan, in a form approved by the City Attorney, providing for perpetual maintenance of the sending area shall be established by the property Owner and approved by the Administrative Official. b. No further development orders for the designated receiving area shall be issued by City Commission or Administrative Official until the applicable easement is recorded. c. The easement shall restrict the use of the sending area in perpetuity. d. The easement shall, in a form approved by the City Attorney, require that the sending area be maintained in its natural state or may restrict the use of the sending area to bona fide agriculture, fallow land, passive or active park uses, or City utilities permitted in the future land use category; all other development rights of the subject property shall be considered transferred in perpetuity. 7. Existing Uses. Conforming residential dwelling units that existed prior to making TDR application shall be permitted to remain as legal conforming uses. All other existing uses on the sending area shall cease. IV-15 Return to Table of Contents 8. Remaining Land Area. If all of the development rights assigned to a sending area are not transferred off the site, the remaining land, if proposed for development, shall be developed in accordance with the LDRs and in a manner that is compatible with the surrounding area. If the owner of land in a sending area only transfers a portion of the development rights available for the property, the City Commission, upon a recommendation from Planning and Zoning Commission and the Administrative Official may determine which portion of the land is subject to the applicable conservation easement. The intent is to link environmentally sensitive land, to link agricultural land, and to link open space areas, when feasible, and allow compatible development to occur on the remainder of such sites. F. TDR Receiving Areas. Development rights shall only be transferred to those parcels which meet the qualifications for designation as receiving areas. 1. Eligible Receiving Areas. a. Planned Developments (PD); and b. Residential subdivisions which are not within a PD. 2. Qualify as a Receiving Area. a. Total site area has a minimum of 75% existing upland area. Be compatible with surrounding land uses and consistent with the Comprehensive Plan; Meet all concurrency requirements; Meet all requirements as outlined in the LDRs; Be compatible with adjacent environmentally sensitive lands; and m o a o s Not have density limitations from an interlocal agreement or other determination. g. Not be located contiguous or adjacent to the sending area. 3. Compatibility with Adjacent Environmentally Sensitive Lands. A receiving area shall not degrade adjacent environmentally sensitive lands. Receiving areas, therefore, shall reduce the intensity/density of that portion of the development which is contiguous to any regionally significant natural resource as defined by the Administrative Official, or sites designated as preserve areas. So that the development is compatible with, and does not negatively impact the environmentally sensitive area, a buffer zone shall be provided of native vegetation according to the following Table. Table 5.G.3.H — Required Buffer Zone Density Bonus of Development Area Required Buffer Zone of Native Vegetation Density < 3 Units per ac. 25° buffer Density > 3 Units per ac. < 7 Units per ac 50’ buffer Density > 7 Units per ac. 75° buffer 4. Prohibitions. Under no circumstances may a receiving area contain a sending area as defined in Section 9.0.F.2, Eligible sending areas. This shall not apply if the project is providing all of the units at prices attainable by persons making between 30 to 120 percent of annual median income as calculated by the United States Department of Housing and Urban Development. IV-16 Returm to Table of Content: G. Transfer of Development Rights Bank. 1. General. The purpose of this Section is to authorize the establishment of a TDR bank. The TDR bank is hereby created in order to, among other things, facilitate the purchase and transfer of development rights as hereinafter provided and maintain an inventory of those development rights purchased or maintained by the City. 2. Establishment of Development Rights for the Bank. Development rights for the TDR bank shall be generated from the purchase or designation of environmentally sensitive lands by the City, beginning at the adoption date of this provision. The TDR bank shall be maintained by the Administrative Official of the City and shall be reviewed to determine the need for additional units. Development rights in the TDR bank generated under the TDR program shall remain in the TDR bank until sold by the City, the TDR bank is dissolved, or the units are otherwise disposed of. 3. Transfer Rate from the TDR Bank. The number of development rights within the TDR bank shall equal the maximum density allowed by the future land use designation, of City owned properties, as established by the Comprehensive Plan. 4. Pricing and Sale of TDR Bank Development Rights. The City may sell development rights to Property Owners who meet the receiving area criteria pursuant to this Section. a. A property Owner seeking an increase in density must apply to become a receiving area and submit a draft contract for sale and purchase of development rights. b. The price of a development right shall be set annually pursuant to a methodology approved by the City Commission. No TDR price or price reduction other than those included in this Section shall be permitted. The Administrative Official shall utilize the appropriately calculated median sales price data for Seminole County for the month of March to set the price each year: 1) For single-family units (single-family and two-family Units) the full price shall be ten percent of the median sales price of single-family, existing homes. 2) For multifamily units, the full price shall be ten percent of the median sales price of existing condominiums and townhouses. c. For proposals including a mix of single-family and multifamily units, the pricing of TDR units shall proportionally reflect the proposal’s unit type mix. d. Additional prices adjustments are available for TDR units as indicated below: 1) The price for TDRs used to provide workforce housing units on site shall be five percent of the applicable TDR price as established in Section 9.01.41) or Section 9.0.H.4.b.2) above.; and, 2) Affordable housing TDR units are required to be provided on site and shall be priced at one percent of the applicable TDR price as established in Section 9.0.H1.4.b.1) or 9.01462) above. The dollar difference between the TDR price and the affordable housing TDR price can be used as a price waiver to be counted as part of the local government contribution for housing funding application purposes. These units cannot be used in conjunction with any project utilizing the Live Local Act as that program already allows maximum density of the highest district. 5. Revenue from the Sale of TDRs. The revenue generated from the sale of development rights from the TDR Bank shall be allocated to the TDR fund administered by the City Commission for acquisition and management of environmentally sensitive lands, wetlands, or other projects as directed by the City Commission. IV-17 rod xx/xx Return to Ord. No. Table of Contents H. Housing Program Requirements. 1. Affordable Housing. In accordance with affordable housing policies of the Comprehensive Plan TDR density bonus units acquired from the TDR bank shall have an affordable housing obligation of 40 percent for the applicable project. These affordable housing program units shall be constructed on site and shall comply with the affordability range requirements of 30 to 120 annual median income (AMI). 2. Permitted Density Ranges. The maximum number of development rights which may be transferred to the receiving parcel shall be determined in accordance with Section 9.0.G, TDR Receiving Areas, Section 9.0.K, TDR — Receiving Area Procedure, and the following: a. Standard Density Bonus. Receiving areas meeting one or both of the following criteria shall be eligible for one additional dwelling units/per acre density bonus. 1) Receiving areas within one-quarter mile radius of a public park, (excluding golf courses), community commercial facility, or mass transit facility; and 2) Receiving areas within one-quarter mile radius of a regional commercial facility or a major industrial facility. In order to be eligible for the additional dwelling unit per acre density bonus, at least 25 percent of the receiving area must be located within the required radius. The density bonus shall apply to the entire receiving area. b. A Development's Affordable Housing Program Density Bonus Increase. A density bonus increase will be given consideration when assigning the number of TDR units recommended to the development. Other factors to be considered include: the location of the proposed development and its relationship to the surrounding area; the housing type(s) proposed; if the development site is located within: 1) one-quarter mile radius of a: a) public park (not a golf course); b) civic uses (schools/libraries); c) amass transit facility; d) child care facilities; e) medical facilities; f) a supermarket; g) acommunity commercial facility; h) employment opportunities; 2) one-half mile radius of a: a) social services center; b) regional commercial facility; c) industrial facility; d) additional civic uses, e) employment opportunities. IV-18 XX/XX/xX Return to Ord. No. KKK Table of Contents I. TDR - Sending Area Procedure. 1. Sending Parcel Application. The property Owner of lands which are designated ae areas as defined under Section 9.0.F.2, Eligible Sending Areas, must make application, per to the City for an administrative determination in order to be designated as a sending area. The purpose of this administrative determination is to ascertain the exact number of development rights the property Owner is entitled to. The application shall include, at a minimum: a. Proof of ownership; b. A legal description of the property; and, c. Contract, or option, for the purchase and sale of development rights (unless requesting a TDR certificate, as outlined in Section 9.0.16. development rights certificates). The application shall be submitted to the Administrative Official. Applications for a sending area designation may be accepted for review and processing at any time, d. An application fee as determined by the fee schedule. 2. Review Process. a. Environmentally Sensitive Lands. The Administrative Official shall review the TDR application and make a determination of the number of TDR’s applicable to the parcel. As part of review of the application, the Administrative Official shall request that a site check be conducted by the appropriate City personnel. The site check shall be completed to ensure that the site has not been altered and the site meets the criteria provided in Section 9.0.F.2. Eligible Sending Areas. The City personnel shall complete a written recommendation to the Administrative Official regarding the site. Sending area applications for environmentally sensitive lands must be submitted in conjunction with a receiving area application. b. Non-Environmentally Sensitive Lands. The Administrative Official shall review the TDR application and provide a recommendation to the Administrative Official as to the number of TDRs applicable to the site. The Administrative Official shall review the recommendation for the sending area application and make a determination regarding the number of units associated with the parcel. As part of review of the application, the Administrative Official shall direct a site check to ensure that the site is suitable for bona fide agriculture or other open space purposes. Sending area applications which are not submitted in conjunction with a receiving area application shall be reviewed and acted upon within 25 days. 3. Written Determination. The property Owner shall receive a written determination from the Administrative Official indicating how many TDRs can be transferred from the property. The number of TDRs for the site shall be documented and be kept on file in the Planning Division. The written document shall be valid for a period of 12 months. If any modifications or alterations are made to the property during the 12-month period, the property Owner shall not be permitted to participate in the TDR program. 4. Easement Agreement/Restriction. Prior to engineering plan approval, the conservation easement, in a form and content acceptable to the City Attorney shall be recorded. The easement shall restrict future use of the land consistent with the requirements in Section 9.0.F.5, Restriction on Future Use. Prior to recordation of the easement, a legally enforceable maintenance plan, in a form approved by the City Attorney, providing for perpetual maintenance of the sending area shall be established by the property Owner and approved by the Administrative Official. IV-19 XX/XX/xx Return to Ord. No. KXKAXX Table of Contents 5. Resubmittal of Application. The owner of a sending parcel may reapply until all development rights have been severed from the property. 6. Development Rights Certificates. Environmentally sensitive lands shall be managed by the property Owner in perpetuity as provided in the maintenance plan. The maintenance plan must be approved by the City before the certificate can be issued. a. Eligibility. Development rights certificates shall only be issued to property Owners of environmentally sensitive land (ESL) that record a conservation easement and follow the procedures in this Section. The development rights certificate shall require restrictions be placed on the sending area prior to the sale of those TDRs. b. Issuance of the Certificate. Upon completion of the application process, and recordation of the conservation easement and approval by the Administrative Official of a legally enforceable maintenance plan providing for perpetual maintenance of the sending area, the property Owner shall be issued a development rights certificate. The certificate shall indicate the exact number of development rights which can be sold, transferred, or traded, by the holder of such certificate. The certificate shall remain in effect until applied to a TDR receiving area in accordance with provisions of this Section. c. Unused Certificates. A property Owner of land, with a conservation easement recorded, may reassociate development rights to the original sending parcel provided that no development rights have been sold. A written request to reassociate the development rights shall be submitted to the Administrative Official along with proof of ownership and a legal description of the property. Prior to approval of a request to the reassociate development rights, the Applicant must petition and receive City Commission approval to release the easement recorded against the sending area parcel. 7. Limitations. The amount of development rights assigned to a sending area parcel, or indicated on a certificate, shall be reduced by one for every conforming residential structure situated on the property at the time of application. J. TDR - Receiving Area Procedure. 1. General. Receiving areas shall be approved concurrent with issuance of a development order for a planned development or a residential subdivision. The following procedures shall be followed in order to become a receiving area to obtain the density bonus. 2. Pre-Application Conference. Prior to submittal of an application requesting a receiving area density bonus, the Applicant must attend a pre-application conference, pursuant to Art 1 Section 7.0.A, pre-application conference (PRE), to review the proposed development, and the requirements and procedures of the TDR Program. 3. Review Process. The review process for TDR applications is based upon the density and type of residential development proposed. A general application by a property Owner for receiving area status and a density bonus shall be accepted for review and processing. A development requesting to utilize TDR units must have the TDR units approved prior to the approval of a use or aubdivision. TDR requests must be processed as a separate application. IV-20 xx/xx/xx Return to Ord. No. AXOXXXK Table of Contents The transfer of one unit per acre or less to a residential subdivision is reviewed by the Administrative Official and shall be subject to the provisions of Article III, Section 3.0.B.2, Administrative Use Approval process, except as provided below. The transfer of more than two to four units per acre to a residential subdivision is reviewed by the Planning and Zoning Commission and shall be subject to the provisions of Article II, Section 3.0,B.3, Conditional Use Approval process. The transfer of more than four units per acre to a residential subdivision is reviewed by the City Commission, with recommendation from the Planning and Zoning Commission and shall be subject to the provisions of Article III, Section 3.0.B.4, Exceptional Use Approval process. The transfer of any density to a planned development is reviewed by the City Commission, with recommendation by Planning and Zoning Commission, and shall be subject to the provisions of Schedule D, Section 2.0, Planned Development. The Administrative Official may approve any number of TDR units for a project that is requesting a density increase for Affordable Housing Units. The Administrative Official may require the TDR units to be approved by the City Commission if the project will result in a density of more than 60 units per acre. . Contents of Application. In conjunction with the general application for a rezoning or subdivision approval, an Applicant for receiving area status and a density bonus must submit a supplemental TDR application. The application shall: a. be submitted in a form established by the Administrative Official; b. include a site or subdivision plan; c. include architectural elevations for TDR applications that require public hearing. Elevations shall not be required for single-family dwellings or multifamily dwellings less than 8 units. However, the Applicant shall ensure these units are architecturally compatible with the other units in the development by using consistent colors, materials, layouts, etc.; and, d. include an application fee as determined by the fee schedule. . Standards. In addition to fulfilling the requirements of Section 9.0.G, TDR Receiving Areas, to qualify as a receiving area and be eligible for an increase in density, all applications requesting receiving area designation shall comply with these standards: a. The TDR is accomplished by deed, and the deed shall be recorded before engineering plan or subdivision improvement plan approval. A subdivision of any number of lots requesting TDR units must be processed as a major preliminary subdivision. The transfer is to a parcel of land that meets all the requirements of the LDRs and within which the transferred densities have been included and amended. The proposed development meets all concurrency requirements at the level of impact calculated to include the TDR density. If the transfer is between two private parties, at the time the transfer is approved, the sending area from which the transfer will occur shall be subject to a conservation easement and shall be identified on the Zoning District Map. Pending recording of the conservation easement, no development order approvals shall be issued for the sending area or receiving area. If the transfer of rights is from the City TDR bank, all rights have been accounted for and there are enough development rights in the bank to cover the project. IV-21 Return to Table of Contents f. The proposed development and density are compatible with the surrounding area and land use. g. The proposed development and density do not negatively impact adjacent environmentally sensitive lands. 6. Contract for Sale and Purchase of Development Rights. A contract for sale and purchase of development rights is required. A deed of TDR shall also be required as part of the approval of a TDR transfer. The contract shall be executed prior to engineering plan or subdivision improvement plan approval of a TDR receiving area. 100 percent of the funds must be received by the City prior to subdivision approval for TDR’s obtained from the TDR Bank. For private TDR’s a fund transfer receipt must be provided to the city showing the total amount paid to the owner of the sending area prior to first Building Permit. The deed must be recorded before issuance of the first Building Permit for a project designated as a receiving area. This paragraph shall not apply to building permits for sales models permitted pursuant to the LDRs. K. Notification to Property Appraiser’s Office. Upon recordation of the deed of transfer, the Administrative Official shall notify the Property Appraiser’s Office in writing that development rights have been transferred from the sending area or TDR bank to the receiving area in perpetuity. L. City Initiated Land Use Amendment. Following recording of the deed, the Administrative Official, upon direction from the City Commission, shall initiate a Comprehensive Plan amendment to designate the property with a CONS, AG, or PUBSRVC future land use designation. Densities obtained through the TDR program shall be placed on the Future Land Use Map as notations following approval of the TDR receiving area. M. Overall Accounting System for TDR Density. The Administrative Official shall maintain an overall accounting system for monitoring density availability and density transfers in the TDR program. The accounting system shall include both private development rights and development rights in the City’s TDR bank. Density needed for the TDR program may be derived from different sources including, but not limited to: 1. Density Reduction. Approved Comprehensive Plan amendments that result in a density reduction; and 2. PD Unused Density. At such a time that the TDR Program, any subsequent density bonus programs, or amendments to the Comprehensive Plan requesting an increase in density, deplete the number of units available, the Administrative Official shall begin to monitor the PD units that have been approved through the Zoning process, but have remained unused. The later units may at that time be considered as a source for density for the TDR Program. SECTION 10.0 APPEALS A. Right of Appeal. Appeals to the City Commission may be taken by any person aggrieved by a decision of the Administrative Official, Historic Preservation Board, or the Planning and Zoning Commission. [V-22 Return to Table of Contents B. Procedure For Appeal; Time Limitation. 1. Formal Application. An appeal to the City Commission shall be submitted to the Administrative Official, in accordance with the application process prescribed within Article I, Section 7.0.C, within 30 calendar days after rendition of the order, requirement, or determination by the Planning and Zoning Commission, Historic Preservation Board, or the Administrative Official to which the appeal is directed. 2. Submittal Time Period. For purposes of computing the time for filing an appeal, "rendition" of an order, requirement, decision, or determination shall be the date at which a written, dated, and signed instrument expressing such decision is filed in the records of the Administrative Official. 3. Required Materials. A justification statement identifying how the decision was made in conflict with the Comprehensive Plan or the LDRs and include supporting documentation or materials to the position. 4. Transmittal to City Commission. The notice of appeal on a form provided by the Administrative Official shall be filed with the Administrative Official who shall forthwith transmit to the City Commission all the documents, plans, papers, or other materials constituting the record upon which the action appealed from was taken and the original notice of appeal. C. Hearing. Appeals to the City Commission shall be held in conformity with the provisions of this Section as a regularly scheduled agenda item at a City Commission meeting. D. Scope of Review of City Commission. In reviewing orders, requirements, decisions or determinations of the Planning and Zoning Commission, Historic Preservation Board, or the Administrative Official upon appeal thereof in conformity with this Section, the City Commission shall review the documents, plans, papers, or other materials constituting the record upon which the action was taken and any new material, documents or testimony that may have bearing on the decision. Appeals shall be de novo. The City Commission may, upon appeal, reverse or affirm wholly or partly, or may modify the order, requirement, decision, or determination made by the Planning and Zoning Commission, Historic Preservation Board, or the Administrative Official, and may make any necessary further orders, requirements, decisions or determinations respecting the subject of the appeal and, to that end, shall have all the powers of the Planning and Zoning Commission and/or the Administrative Official, respecting such matter. E. Effect of Appeal; Stay of Proceedings. An appeal to the City Commission shall, upon filing, stay all work on the premises and all proceedings in furtherance of the order, requirement, decision of determination appealed from, unless the Administrative Official certifies to the City Commission that, by reason of facts stated in the certificate, a stay would cause immediate peril to life or property in which case, proceedings or work shall not be stayed except by an order issued by the City Commission for due cause shown after notice to the party filing the appeal. If a party accomplishes work or engages in proceedings after an appeal is filed, the party does so at their own risk and the City is not responsible for any costs or expenses incurred by the party. IV-23 Return to Table of Contents F. Rules of Procedure. The City Commission has adopted processes and procedures relating to quasi-judicial procedures relating to hearings, which shall be applicable to all processes and procedures in these LDRs and shall prevail in the event of conflict. G. Notice and Hearing Procedure for Administrative Appeals. In considering and acting upon an appeal, the following procedures shall be observed: 1. Date of Hearing for Appeals. Hearing shail be held by the City Commission at a date and time fixed by the City Manager and shall in no event be less than 30 days nor more than 60 days after the filing of a notice of appeal. 2. Notice. Upon notification by the City Manager of the date fixed for hearing on any matter subject to the provisions of this Section, the City Clerk shall cause a notice of the time, place, and purpose of such hearing to be published at least once in a newspaper of general circulation in the City with the first such publication to be at least ten days prior to the date of the hearing. a. The Administrative Official shall mail similar notices setting forth the time, place, and purpose of the hearing to: 1) the applicant; and 2) the owner of the property described in the application, if other than the applicant. b. When the hearing is an appeal of a Planning and Zoning Commission decision, the Administrative Official will mail notices to all property owners as required for the original hearing. c. The Administrative Official shall cause notices setting forth the time, place, and purpose of the hearing to be posted in a conspicuous place or places on or about the land described in the application. Affidavit proof of the required publication, mailing and posting of the notices shall be presented at the hearing. 3. Appearance and Argument. At any hearing upon any matter subject to the provisions of this Section, the applicant seeking action by the City Commission and any other party desiring to be heard upon the application may appear in person, by agent or by attorney. The applicant shall be entitled to make an initial presentation respecting the application and, at the conclusion of presentations or statements by all other parties, shall be entitled to offer a statement in rebuttal to such presentations if the applicant so desires. The Mayor may, at the commencement of the hearing upon each application or at any time during such hearing, require that parties desiring to make a presentation identify themselves and may specify the time to be allowed each such party within which to make such presentation. 4. Decision and Order by the City Commission. Action by the City Commission upon any matter subject to the provisions of this Section shall be announced by the Mayor immediately following the vote determining such action and shall thereafter be embodied in a written order prepared by the City Clerk, in conjunction with the City Attorney, and exe- cuted by the Mayor and the City Clerk. H. Finality Of Decision When the City Commission has taken action respecting an administrative appeal, no application for the same relief shall be accepted by the Administrative Official for consideration by the City Commission for a period of one year from the date of such action, provided however, that an applicant may request waiver of the time for reapplication, and the City Commission may waive, the provision of this section for proper cause after hearing in conformity with the provisions of this section. 1V-24 cd Retum 0 Ord. No. KXXXXK Table of Contents I. Judicial Review of Decisions Any person aggrieved by any decision of the City Commission may appeal such decision in the manner provided by law, to the Circuit Court in the Eighteenth Judicial Circuit for judicial relief within 30 days after rendition of the decision. SECTION 11.0 WAIVERS Waivers allow flexibility and minor adjustments to the ZDRs in site design or applicable criteria. Waivers are not intended to relieve specific financial hardship nor circumvent the intent of the LDR. A waiver may not be granted if it conflicts with other sections of the LDR, the Comprehensive Plan or the Florida Building Code. A. Applicability. Requests for waivers shall only be permitted where expressly stated within the LDR or indicated in the following Table 11.0. — List of Permitted Waivers. Waivers may be applied to an active application. Waivers applied to a project must be shown on an approving plan in a table format. Table 11.0 — List of Permitted Waivers Schedule and Section Title Request Article I, Section 7.0.C.5.a.3)a) Denial — With Prejudice Article IV, Section 10.0.H Finality of Decision Schedule E, Section 13.2.0 Wireless Communication Facilities Schedule E, Section 14.0.D 1,500 Foot Distance Limitation Schedule J, Section 2.4.A Required Landscaping Schedule J, Section 2.7 Comprehensive Landscape Program Schedule J, Section 3.5.A Modifications to Land use Compatibility Requirements Schedule J, Section 4.4.B Exceptions and Exemptions Schedule O, Section 10.0.D Finished Floor - Topography Schedule Q, Section 4.0.E Transit Facility Evaluation Schedule S, Section 12.0.C Waiting Period B. Standards. When considering a waiver, the following Standards in addition to any other standards applicable to the specific waiver as contained in the LDRs shall be considered. 1. The waiver does not create additional conflicts with other requirements of the ZDR and is consistent with the stated purpose and intent of the zoning district or overlay; 2. The waiver will not cause a detrimental effect on the overall design and development standards of the project and will be in harmony with the general site layout and design details of the development; and, 3. The alternative design option recommended as part of the waiver approval, if granted, will not adversely impact adjacent properties. C. Effect of Waiver. Any granted waiver shall be in effect with the issuance of a development order pursuant to Article I, Section Waivers utilized for a project must be recognized within the development order. IV-25 Ord. No. Table of Contents ARTICLE V CONCURRENCY PROCEDURES SECTION 1.0 PURPOSE, INTENT, LAWFULNESS, AND BEST PRACTICES... me | A. Purpose and Intent...............scsccosssscsssesssencssscscsesscnsscscncssscsscsesssesesssscesessesscsosscensserseoness 1 B. Lawful ness. ..........ssscssssssscsescees 1 CC. Best Practices...c...cscsstosscccscsceooossinnstSeWeoiestsTveebersTeobsTedsTiovesToTRTA STRATA so oSTRWs TTA TAT 6 SCUSTE eT CORTESE UANETS «SSTCSTNTS 1 SECTION 2.6 CONCURRENCY STANDARDS AND PROCEDURES 1 A. Concurrency Management Administrative Procedures 1 LD. Gereral. .....ccceecccccccsccsecenncceseceeseceseceseeesecesaeceaeecsceceaeecseesenerseeeneseeesaeceseesseceeeseseseaseeseeaesasenassnesnaeens 1 2. Concurrency Facilities Defined. ..............ccccceccescesceseeeeeeeseesecesecceeseesecsseeseceeesnecaesenenscensesevsseesaeeneseneeas 1 3. PULPOSE......eceeceeccecsseeeseceneeeneeesarersacersneesaecsscessceesseeeeneseneeseasensecssesensenaneessecseessseesceeseseseecsessesseesedenseesaaees 2 B. Applicability and Exemptions 2 1. AXppliGa bility, .emssm.s corrom.5.000.m Same SSeS GRA AOE. FG.SERNES A EERE EES SEAN ASSAY ASI PS « SOMOS A 2 2. EX@Mptions, ............cssccccsrsccsesecccseeensconssnnenceetseteeeesecotersanenentassaeseoneasseeossesesonsessnsausessaensisssssasenessasenssoses 2 C. Criteria for Concurrency and Final Development Orders 3 1. Final Development Order. .............cccccccececsssesceseceseeeeetseeeseeaeceascaaseeeeaeeneecaeeneesseseecsacseassneeessesseeeeeateeaaes 3 2. CHiterda. oo. eccccccececssseecsseecssceecesaeesseessnatessaeeceeaeesseeeesneesnesesieesseersneeecsssesenseeesseesenasentecnsenseaeoeeteegs 3 D. Concurrency Administration 4 1. Application for Concurrency Review. ...........:cccsccecesseeececeeeeneceeeeeeneceasenevenessacenessasessesseseeeessseeseaeseasenaeas 4 2. Project Impact Assessment. 2.00.00... eceeeeeeeeeseeeeseeseeeeestereeaeesesseessusesssceseeeseesseesessseseasseseeseseasseseeesseeseaes 4 3. Project Phasing/Timing of Improvements. ..............:ccecceecceesessceeeeesceeeeeceseesecaerseeeseeacenevestecseeaeoneeeasenes 4 4. Development Agreement. 0.0.0.0... ceeceeseeeseeceeeeeneeeeeeeesseceeeceseerscenseecsueesesesesessseceseseseesssseesiessgeresessaees 4 5. Concurrency Findings. ............c:cccceecesceeseeeeceseceseeecesseeeseseeseasenecensseseesesaeesevececseceeesseessesssasesensesasessensoues 5 E. Investment Reimbursement Plan for Construction of New Public Facilities 5 1. Authorization. 2.0.2.0... ccceccccceccesceceseceeeeeeeeeesceceeeeaeeeseneencersneceeeeseeecaesnaeeeaasueessaeeaesesesenaseeseeessesaeeeseeeaeees 5 2. Applicability. 2.0.0... eccecccceseesceeseeeseeesecsecesecsecenecssesseenaeceeesseesecessceeseaececeseceeesaeessessssnseseseseseesesressseasens 5 3. Establishment of Investment Reimbursement Fund. .0.....00..0.ccceecceeceesceceseceeeescesseeeeseceaeeeeseeeeeesneeenaeees 5 4. Establishment of Investment Reimbursement Area. ............ cece eeeseeseceeeeceeeeeeeneeeeeenenteseseseenenneeeees 5 5. Recovery of Reasonable Costs... eceeeeseeesereceeeeeeeeeeseneececessseceeeesssneeeseceeesesesaeseesessasasseeseesseeegs 6 6. Share Formula. ...0.........cccccceeseeeececceeecssecseeseeeenecseessacenecaeseeeeeeeaeceseenesseeeaeceeeeecneasseeeasssesssesessseecssesenegeeas 6 7. Duration of Investment Reimbursement Area. ..0.......... ccc eecccesceeseeeneeeeceetenaceceaeceseecnsesaeseesseeseeesavensees 6 8. Development Agreement Requirement. .00......... cc cccecssseeseesseceeeeseseesesesseenesseeeesesssesseesesssesssesseasieeneeses 6 ARTICLE V: CONCURRENCY PROCEDURES SECTION 1.0 PURPOSE, INTENT, LAWFULNESS, AND BEST PRACTICES A. Purpose and Intent. It is the purpose and intent of this Article to provide specific regulations for the determination and maintenance of utility facility capacities through concurrency procedures. The availability of utilities can significantly impact development design, location, intensity, density, and permit ability; therefore, these provisions are intended to provide the process for an applicant to obtain conclusionary information regarding the feasibility of the utility needs for their project. It is necessary for this development tool to be clearly defined as overburdening the City’s utility facilities can create insufficient levels of services that can be detrimental to the community’s character and living conditions for significant areas of the City. Lawfulness. Any deviation from the provisions of this Article, unless specifically stated herein or allowed by other provisions of the LDRs is prohibited and unlawful. . Best Practices. All reviews and determinations of the provisions within this Article by the Administrative Official shall be to implement the purpose and intent of this Article together with sound and generally accepted land use planning practices and principles. SECTION 2.0 CONCURRENCY STANDARDS AND PROCEDURES A. Concurrency Management Administrative Procedures 1. General. Concurrency is a finding that the public facilities and services necessary to support a proposed development are available, or will be made available, concurrent with the impacts of the development. The provisions of this Article are designed to provide a systematic process for the review and evaluation of the impact of all proposed development on concurrency facilities. 2. Concurrency Facilities Defined. Concurrency facilities are defined as and include: Road and streets as defined in Section 334.03, Florida Statutes. Potable Water Facilities. Sanitary Sewer Facilities. Solid Waste Facilities. Recreation and Open Space Facilities. Drainage Facilities. Police public safety requirements. a. b. c. d. €. f. g. h. Fire public safety requirements. V-l Return to Table of Contents 3. Purpose. The purpose of this Article is to ensure that development orders and permits are conditioned on the availability of concurrency facilities which meet adopted level of service requirements described in SaIEaEG cites level of service requirements and methods of calculating facility capacity governing concurrency determination. Further, in order to ensure certainty in the development process, this Article provides procedures and mechanisms to reserve capacity for concurrency facilities. B. Applicability and Exemptions 1. Applicability. All applicants for development approval shall submit any information, data and analysis deemed necessary by the Administrative Official to conduct a concurrency review. 2. Exemptions. All applicants for development shall be subject to concurrency review unless specifically exempted below: a. Projects Below the Minimum Threshold. The following development shall be exempt from concurrency management review processes; however, in no case will a development order be issued for a minimum threshold project that would impact a public facility for which a moratorium or deferral on development has been placed: 1) Residential projects which would result in the creation of one additional single-family dwelling or one two-family dwelling as well as structural alterations, including room additions which do not change the land use. This threshold does not apply to water or sanitary sewer; 2) Nonresidential change of use or expansion projects of up to ten percent of the existing gross floor area, providing such change of use or expansion is estimated to generate less than 120 vehicle trips per day and create one equivalent residential unit of utility demand or less. Trip generation data shall be pursuant to the latest edition of the publication entitled: Trip Generation, Institute of Transportation Engineers, or as hereinafter updated and amended. This threshold does not apply to water or sanitary sewer; 3) Construction of accessory buildings and structures which do not create additional public facility demand. 4) Other developments that do not increase capacity of concurrency facilities, such as grading or excavation of land or structural alterations which do not include a change of use and satisfy provisions of 1) and 2) above. b. Vested Projects. Projects which have valid development orders or permits prior to the effective date of this Article, shall be exempt from concurrency management. This shall include the following: 1) Any project for which a building permit has been issued and for which the building permit has not expired, and construction has commenced prior to the expiration of the building permit. 2) All vacant single-family detached, single-family attached and two-family dwelling lots in subdivisions that were platted and recorded prior to the effective date of this Article when initially enacted; 3) All vacant nonresidential lots in subdivisions that were platted and recorded prior to the effective date of this Article when initially enacted, provided however, only one principal building and one land use shall be permitted per lot or tract; 4) Any residential subdivision that had a major subdivision plan approved and has received a Certificate of Completion; 5) Any project zoned as a Planned Development, that had a master plan approved prior to the effective date of this Article when initially enacted; V-2 xx/xx/KX Return to Ord. No. KXXXXK Table of Contents 6) Any project that had a development plan approved prior to the effective date of this Article and that approval has not expired; 7) Approved developments of regional impact with a development order that has not expired; and, 8) Any project that the City Commission approved as a vested project pursuant to procedures set forth in the Article. c. Redevelopment Projects. Proposed redevelopment shall be credited for 100 percent capacity of the existing project. If a redevelopment project generates capacity in excess of 100 percent of the existing project, a concurrency review shall be required; however, the concurrency review shall only be directed to the capacity generated which exceeds the capacity of prior existing development. Capacity determination shall be conducted at the time of demolition permit application based on signed and sealed for engineer or architect evaluation of plumbing fixtures, traffic trips, etc. of the applicable facility. The proposed redevelopment generates less impact than the existing project, the applicant for concurrency review shall be given a concurrency credit memorandum within 30 days of the concurrency evaluation which enables the applicant to reapply for the unused capacity. The concurrency credit memorandum will expire within three years of its issuance. The applicants’ submission of an application for a demolition permit shall initiate the concurrency review for the express purpose of issuing credits for redevelopment. d. Public Facilities. Public facilities necessary to ensure the protection of the health, safety and general welfare of the citizens of the City, including public schools (pre-kindergarten through 12th grade), shall be exempt from concurrency review. This shall include all public facility construction projects included in the City's Capital Improvements Program required to meet any adopted level-of-service standard. C. Criteria for Concurrency and Final Development Orders 1. Final Development Order. Final development orders include site development permits, building permits and development orders or agreements. A final development order shall only be granted for a proposed development based upon a finding that all public facilities and services included in this Article have sufficient capacity at or above their adopted level-of-service to accommodate the impacts of the development, or that improvements necessary to bring facilities up to their adopted level of service will be in place concurrent with the impacts of the development, as defined herein. 2. Criteria. The following criteria must be met in order to comply with concurrency management requirements. It is the responsibility of the developer to construct the necessary infrastructure to create the capacity serving the project. This includes any improvements to public infrastructure such as pipes, lift stations, roadways, etc. Public sanitary sewer lines shall be improved to and include the nearest lift station. Public roadways, water lines, or drainage systems shall be improved equal to the furthest extent of the property: a. The necessary concurrency facilities and services are in place at the time a development permit is issued, or a development permit is issued subject to the condition that the necessary facilities and services will be in place by a specified date when the impacts of the development are anticipated to occur; or b. The necessary facilities are under construction at the time a development permit is issued; or The necessary facilities and services are the subject of a binding executed contract for the construction of the facilities or the provision of services at the time the development permit is issued; or V-3 Return to Table of Contents d. The necessary facilities and services have been included in the Capital Improvements Program and are programmed for construction prior to or concurrent with the impacts of the proposed development; or e. In the case of road facilities, the necessary improvements are committed in the first three years of the applicable adopted Florida Department of Transportation Five Year Work Program, or the Seminole County Five Year Transportation Plan; or f. The necessary facilities and services are guaranteed in an enforceable development agreement. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes, or any other development agreement entered into between the City and a property owner who’s property is proposed for development. The agreement must guarantee that the necessary facilities and services will be in place prior to or concurrent with the impacts of the development. D. Concurrency Administration The Administrative Official shall be responsible for concurrency reviews as required by this Article. A concurrency determination shall be based on a numerical review performed by the City based on information provided by the Applicant. The City, upon request from the applicant, may make a non-binding determination of whether sufficient capacities in public facilities and services are available to satisfy the demands of each proposed development. 1. 4. Ord. No. KXKKXK Application for Concurrency Review. Concurrency review shall be initiated upon submission and acceptance of any development application in accordance with Article I, Section 7.0. An applicant may request a standalone concurrency review in an acceptable form to the Administrative Official with a fee as established in the fee schedule. Project Impact Assessment. The City shall use the best available information to establish and evaluate existing capacities for concurrency facilities. The applicant shall be responsible for calculating the anticipated impacts of a proposed development. The City shall assess the impacts of the proposed development against existing conditions. Project Phasing/Timing of Improvements. Public facility improvements associated with a phased development may likewise be phased, provided that all public facility improvements necessary to accommodate the impacts of the entire development are to be provided and a schedule established for their construction prior to the issuance of a Certificate of Completion. a) The schedule of facility improvements shall ensure that all facility improvements necessary to accommodate the impacts of the development (or portion thereof), for which a certificate or completion or certificate of occupancy has been applied, shall be in place prior to the issuance of the certificate. b) Under no circumstances shall the final certificate of occupancy or completion be issued for a project unless all required facility improvements required by the development order, development agreement, or development plan have been completed. Development Agreements. If the minimum requirements for concurrency as outlined in Article VI cannot be met, concurrency may be achieved by guaranteeing necessary facility improvements in an enforceable development agreement, as permitted by Article VI. Said development agreement may include guarantees to construct required facility improvements, or to provide funds equivalent to the cost of providing such facility improvements. V-4 Return to Table of Contents The terms and schedules of all investment reimbursement programs shall be set forth in a binding development agreement. Concurrency Findings. The following criteria will be evaluated during any development review process. The evaluation shall include, but are not limited to: a. The anticipated public facility impacts of the proposed development; b. The ability of existing facilities to accommodate the proposed development at the adopted level of service standards; c. Any existing facility deficiencies that will need to be corrected prior to the completion of the proposed development; d. The facility improvements or additions necessary to accommodate the impact of the proposed development at the adopted level of service standard and the entity responsible for the design and installation of all required facility improvements or additions; and e. The date such facility improvement or additions will need to be completed to be concurrent with the impacts on such facility created by the proposed development. E. Investment Reimbursement Plan for Construction of New Public Facilities 1. Authorization. The Administrative Official is authorized to negotiate and establish within a development agreement for approval by the City Commission an investment reimbursement plan. When it is required that a developer funds the cost of infrastructure or public facilities improvements in order to support the proposed development concurrent with the impacts of the development and pursuant to the concurrency management system and the developer is also required to provide or fund additional capacity in the system to accommodate other future development in the area or fund a facility that will be regularly utilized by other future developments the developer may be eligible to participate in an equitable system of investment reimbursement to recover a portion of the costs incurred in the installation of the facilities according to the provisions of this section. Applicability. This Section shall apply to any developer who is required to fund public roadways, potable water facilities, sanitary sewer facilities, water facilities and/or drainage facilities that may be used or shared in the future by the developers and owners of other parcels of land in the vicinity. Establishment of Investment Reimbursement Fund. Upon approval of an appropriate development agreement or development order the Administrative Official shall establish, in conjunction with the City’s Finance Director, an Investment Reimbursement fund to manage the contributions of the participants. The City’s Finance Director shall determine how the investment reimbursement fund is accounted for. The Administrative Official shall also establish a fee schedule and method of collecting investment reimbursement administrative fees, which shall be incorporated into the development agreement or development order. Establishment of Investment Reimbursement Area. The Administrative Official shall establish the geographical boundaries of the investment reimbursement area based on the City's plans for infrastructure development and the future utilization of the proposed public infrastructure by adjoining or proximate parcels of land. Every future development or future subdivision located within the Investment Reimbursement Area shall be required to contribute to the cost of the built infrastructure which benefits the property. V-5 Return to Ord. No. XK Table of Contents 5. Recovery of Reasonable Costs. The Administrative Official shall prepare criteria and rules to determine the allowable costs to be recovered including, but not limited to, the design, supervision, construction and installation costs of that portion of the infrastructure or facility that will be shared by other owners. 6. Share Formula. The Administrative Official shall prepare rules to determine the costs apportioned to each project or property within the Investment Reimbursement Area, which rules shall be submitted to the City Commission for approval. For properties located within the Investment Reimbursement Area, the Administrative Official shall establish proposed conditions at the time of subdivision or development requiring future developers to pay contributions into the fund. 7. Duration of Investment Reimbursement Area. The Investment Reimbursement Area shall remain in effect for a maximum period of ten years. 8. Development Agreement Requirements. Every development agreement that includes an investment reimbursement plan shall contain, at a minimum, the following components: a. Description of the public facilities included in the investment reimbursement plan; b. An exhibit delineating the applicable investment re1mbursement area; and c. Engineering computations and documentation of estimated construction costs which form the basis for determining cost recovery amounts for the investment reimbursement schedule. The estimated construction costs shall be amended in the investment reimbursement schedule upon completion of the project should they differ from the original estimated costs. The party funding and/or constructing the project shall be responsible for furnishing the updated construction cost data to the Administrative Official, for review and approval, prior to any disbursement according to the investment recouping schedule. XX/xx/XX Return to Ord. No. XXX Table of Contents ARTICLE VI STATUTORY DEVELOPMENT AGREEMENTS SECTION 1.0 PURPOSE, INTENT, BEST PRACTICE, AND IAWFULNESS ....0.......ccesscscssscsssosccessoees 1 A. Purpose and Intent.............csssscecsssscssessscsssenscsesescsesscssesscscsscsessesesssesesessenesseseesscessooesasssseeee a | B. Lawful ness. ............ssscesssessseoees vee 1 Ci GSE PLAC COS. sso: sca. cars sas 00am esc rane OST Hasna a TUT oh STTTE SAFEST ATTA cab TET TSO TTT DOTA Te sTalehahennsensesee 1 SECTION 2.0 DEVELOPMENT AGREEMENT STANDARDS ..000..0......cssssssssscsssccsccrceccecsersscesesesesceseseens 1 A. Authorization to Enter into Agreements 5 caeR aSEESESERESESEEET 1 B. Application..............scccsssrsseees : 1 C. Conte nt........ccccscssessscssseeee . 1 1, Legal Tveistenst potter oct sere ce NE -:MSEOSE TSE SIE TOSS Sh SE SEF SFE FIT FEBHRETS Fo 2 2. Duration. 2.0... eee ecceccesecssecesceseceseeescesecenecseceaeceeeeseesseceesteeenecsaecsecseeeseceeesesceeseeseeeseseaesensicteeaeseaesaeeeaeeeres 2 3. USCS. eee eecccesceeneceseeensceeeseeesneceasenscessasessesececssesssetesseeenaecaesssaenaeesseeseaeseaeeeassuseessaeeeaeecaeaeceaesesesenseesaees 2 4. Documentation. 0.0.0.0... ceecceecceeseeeeceeceeseeeseeceaeeeucessaceesaeseseecsueceeceseseaeeescessaeseaeseaeeesueceaeeecseseaeeeseeteaeeeas 2 5. Public Facilities... cece cseccsscsssesecsceeecseessevnceseeesecsceseceeeseecscesecsseeseceesenecsseesecaaessaeeeseeeseeesarenseeaeens 2 Gs BiG Se gine serra cr A SE A A EE «ABA. MA AS A OR OGL Hie FEE - GHOST ELT ov FI 2 7. Dedications. .........ccccecccescesccssersceeseesreeseceaeesceenecaeeaeeaeesecsceesecsaesseeseeaecesecseseresseseaesateaesseaeecesseseaeeeaeeats 2 B. Impact Fees. occ cecccccesscecssneecsscessseecesneeeeseateeeseecseaeecessceeseneeceaceessaseseeecnceeceaeeceeeeesaeseeseeesnneseeneeseaee 2 9. Description of Permits. ........... cc eccesseeseesceesesseseessessccuecsecssescessesaesceneenevscenscsaeseesseseeseesseeseensssaeoreeeeeneeees 2 10. Consistency with the Comprehensive Plan and Land Development Regulations. ........00.c cece 3 11. Conditions of Approval... ce eecsseseceresseeeessesacesessecseesnesacscesecsecseeseesecsaescesaesaesaesasessenacseeseseneneeeee 3 12. Compliance with Conditions.........0... ccc ceeecccsceeseenceeceeeceseceesesersaseaessaeesecaeesevstessessaeeaeenseasesenseasenaeenees 3 13. Time Limitation for Completion. .............ccccesceescssceececeseceseesecenenseseeeesecseeesessecesesacenaeesaeeasenaeeaesneeeereaeees 3 D. Review and Determination. 3 1. Application Materials... cece ceccseseseseeeeseceeceseeeaeesaeseeessesesessesseesescesseceeecseveeeessesateasseeasteseaeeeeseate 3 2. Action by Planning and Zoning Commission. ...........:..c:ccsccesceeseesseesessscecessevenecseeeneeeeeeeeneneeesnerenersaseaes 4 3. Action by the City Commission. ........... ce ceeecesssceneceseeeeeeseeeasenscesccaesaecnscseesaeceaeeneeeseseesenesaeeeaeeeaeeates 4 4. Noticing Requirements. .............:cccescesseesccsceeeseeseeseeseesseeeseesceesecseceaeesseseceaevaeeececaeseaesaasseseseeeaeeeeeaeeees 4 E. Recording; Effective Date of Agreement. . 4 F. Amendment or Cancellation. or G. Modification/Revocation. Sa SERN TES ERROR 4 H. Periodic Review. ................ssessccccsssssssssscsssrssssssscsssssesnsesnssssesssnsasconscasssonsesassenssesnsssessscasescaseessnssesesnsesouscness 5 ARTICLE VI: STATUTORY DEVELOPMENT AGREEMENTS SECTION 1.0 PURPOSE, INTENT, BEST PRACTICE, AND LAWFULNESS A. Purpose and Intent. It is the purpose and intent of this Article is to provide processes that can be utilized by the City as a development tool for securing project specific elements that are not inherently authorized by the LDRs or may recognize regulations of a prior time or supplement. B. Lawfulness. Any deviation from the provisions of this Article, unless specifically stated herein or allowed by other provisions of the LDRs, is prohibited and unlawful. C. Best Practices. All reviews and determinations of the provisions within this Article by the Administrative Official shall be to implement the purpose and intent of this Article together with sound and generally accepted land use planning practices and principles. If there is any conflict between the provisions of this Article or a provision of any other Article of the LDRs, the provisions of this Article shall prevail. SECTION 2.0 DEVELOPMENT AGREEMENT STANDARDS A. Authorization to Enter into Agreements The City Commission, in its sole and exclusive discretion, may enter into development agreements with the legal and equitable owners of real property within, or to be annexed to the City, as is authorized in Section 163.3220, Florida Statutes. B. Application. A property owner desiring to enter into a development agreement with the City shall submit an application requesting a development agreement to the Administrative Official, in accordance with Article . Section 7.0, and the following: 1. Such request shall identify the lands that will be subject to the development agreement and shall identify all legal and equitable owners having any interest in such property. 2. Such ownership interest shall be certified by a title company, or a Florida licensed Attorney. 3. In the event that any partnerships, joint ventures or other entities, other than individuals, own a legal or equitable interest in the subject property, all principals and other persons with interest in such partnerships or joint ventures shall be revealed. 4. Inthe event that any corporation owns a legal or equitable interest in the subject property, the officers and directors and any shareholder owning more than ten percent of the interest in the corporation shall be revealed. C. Content. Any development agreement approved under the provisions of this Article shall contain the following as well as any other information required by controlling State law: VI-1 rexlrx/nx Return to Ord. No. KXXAKX Table of Contents . Legal Description. A legal description of the land subject to the development agreement and the identification of all persons having legal or equitable ownership therein. . Duration. The duration of the development agreement, which duration shall not exceed the maximum period of time authorized by controlling State law, but which may be extended by mutual consent of the City and the property owner to address vested rights, investment backed expectations or the public interest. Any request for an extension shall be subject to the public hearing process necessary for the initial approval. . Uses. The development uses permitted on the land, including population densities, building intensities and building heights. . Documentation. All documents required to comply with criteria cited in the LDRs applicable to the subject project. . Public Facilities. A description of the public facilities that will service the development, including designation of the entity that shall be providing such facilities. Additionally, if new facilities are needed to serve the project, the date by which such facilities will be constructed shall be provided. A schedule to ensure that public facilities shall be available concurrent with the impacts of the development shall also be provided. Such schedule, relating the provision of public facilities or services to events or thresholds in the development, may be substituted for the certain dates required hereunder. . Bonds. The applicant may be required to provide a performance bond, letter of credit, or similar instrument, to be deposited with the City to secure the construction of any new facilities that are required to be constructed as part of the proposed development agreement. Alternatively, such construction may be a condition precedent to the issuance of any site development or building permits or other development permissions. In the event that the new public facilities are in place and operating at the time development permits are requested, no such performance bond or letter of credit shall be necessary unless such facilities are not adequate for the project. . Dedications. A description of any reservation or dedication of land for public purposes. The development agreement shall provide specifically how all impact fees and other funding requirements for the project are to be met. . Impact Fees. In the event that land is to be conveyed to the City in discharge of the obligation of any impact fee or other similar obligation, the development agreement shall provide that such conveyance will be by warranty deed and will be accompanied by an environmental audit and a title insurance policy which shall be in an amount not less than the assessed value of the land. The applicant shall bear the cost of these requirements. . Description of Permits. A description of all development permits approved or needed to be approved for the development of the land, which description shall specifically include, but not be limited to, the following: a. Any required Comprehensive Plan amendments or rezonings. VI-2 Return to Table of Contents 10. 11. 12. 13. b. Any required submissions to or approvals from Seminole County; the East Central Florida Regional Planning Council; the State of Florida and any of its agencies; the United State Army Corps of Engineers; the St. Johns River Water Management District; the United States Environmental Protection Agency; or any other departments with competent jurisdiction over any aspect of the proposed development. c. In the event that development requirements are not satisfied, action in reliance on the development agreement or expenditures in pursuance of its terms, shall not vest any development rights in the applicant/property owner. Failure to perform as specified in the development agreement shall not constitute partial performance entitling the applicant or property owner to a continuation of the development agreement. Consistency with the Comprehensive Plan and Land Development Regulations. A specific finding in the development agreement that the development permitted or proposed is consistent with the City's Comprehensive Plan and with the LDRs. However, if amendments are required to the Comprehensive Plan or LDRs, such amendments shall be specifically identified in the development agreement, and the agreement shall be contingent upon those amendments being made and approved by the appropriate governmental agencies. The Administrative Official and the City Attorney shall collaborate in making such conclusions. Conditions of Approval. The City Commission may provide for any conditions, terms, restrictions or other requirements determined to be reasonably necessary for the public health, safety or welfare of City residents and property owners. To the maximum extent possible, the City shall attempt to shift any and all legal costs, development costs, development review costs, permitting costs and other costs to the developer or property owner in a manner that sets forth financial guarantees. Compliance with Conditions. A statement indicating that failure of the development agreement to address a particular permit, condition, term or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. Time Limitation for Completion. At the City Commission's discretion, the development agreement may provide that the entire development, or any phase thereof, be commenced or completed within any specific period of time. Notwithstanding the foregoing, if public lands are to be conveyed or public funds are to be expended in performance of the development agreement, unless specifically stated in the development agreement as to timing and amount, no public funds shall be expended or public lands conveyed until total project completion, which shall be based upon the issuance of certificates of occupancy or certificates of completion, as the case may be. D. Review and Determination. 1. Application Materials. An applicant for approval of a development agreement shall submit all materials listed in as well as the fee established in Article VII to the Administrative Official. No application shall be deemed accepted unless it is complete. VI-3 Return to Ord. No. Table of Contents 2. Action by Planning and Zoning Commission. The Administrative Official shall refer the development agreement application to the Planning and Zoning Commission, in accordance with Article L, Section 7.0.6. The Planning and Zoning Commission shall hold a public hearing to review and transmit a recommendation to the City Commission of approve, approve with conditions, or deny the development agreement. The Planning and Zoning Commission shall provide to the City Commission written findings on the consistency of the development agreement with the Comprehensive Plan and the LDRs and include within the recommendation any conditions, terms, restrictions or other requirements determined to be necessary for the public health, safety, or welfare of the citizens. Action by the City Commission. Upon receiving a recommendation from the Planning and Zoning Commission, the City Commission shall hold a public hearing to consider the development agreement, in accordance with 4. Noticing Requirements. a. Notice of intent to consider a development agreement shall be advertised approximately seven days before each public hearing in a newspaper of general circulation and readership in Seminole County. b. Notice of intent to hear a development agreement shall also be mailed to all affected property owners within 200 feet of the subject property before the first public hearing. c. The day, time and place at which the second public hearing will be held shall be announced at the first public hearing. d. The notice shall specify the location of the land subject to the development agreement, the development uses proposed on the property, the proposed population densities, and the proposed building intensities and height and shall specify a place where a copy of the proposed agreement can be obtained. . Recording; Effective Date of Agreement. 1. 2. Within 14 days after the City enters into a development agreement, the Administrative Official shall record the agreement with the Clerk of the Circuit Court. The Administrative Official shall transmit a copy of the development agreement to all appropriate or required persons and entities. A development agreement shall become effective only after it is recorded in the public records of the County and in accordance with controlling State law. The burdens of the development agreement shall be binding upon, and the benefits of the agreement shall ensure to, all successors in interest to the parties of the agreement. . Amendment or Cancellation. A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest. . Modification/Revocation. If State or Federal laws are enacted after the execution of a development agreement which are applicable to the parties and preclude the parties’ compliance with the terms of a development agreement; the development agreement shall be modified or revoked as is necessary to comply with the relevant State or Federal laws. VI-4 Returm to Ord. No. XXCKXXX Table of Contents H. Periodic Review. The Administrative Official shall review land subject to a development agreement at least once every 12 months to determine if there has been demonstrated good faith compliance with the terms of the development agreement and submit a written report containing, at a minimum, such findings to the City Commission and Planning and Zoning Commission as well as all other parties as required by controlling State law. The report shall be limited to the information sufficient to determine the extent to which the parties are proceeding in good faith to comply with the terms of the development agreement, If the City commission finds, on the basis of substantial competent evidence that there has been a failure to comply with the terms of the development agreement, the agreement may be revoked or modified by the City Commission by means of the enactment of an ordinance. VI-5 exhale Retum to Ord. No. KXXXXX Table of Contents ARTICLE VII FEES SECTION 1.0 PURPOSE, INTENT, BEST PRACTICES, AND LAWFULNESS ..........cccccsssscssscesseoeens A. Purpose and Intent................ccssscsccsssrssssscsccsssscscscecssssssncesessescesecssscsssesessssesesscasssassecsssessssessesssscscasscscess B. Lawfullnes. ............cssssssscsserssescsssssscscssssscsescnssccssenscccessnssssscnsnscsscecessessacscsossccssessscssssossccsscssessescocsssosceseeess C. Best Practices..........csssssscsssssccssssssssscsnssscscssssscsssssssocsssssnacsessesssssvsscsessscscsessoesscssnccessscccssssssescsscecssesescoeoess SECTION 2.0 FEES.............cssscssssessssecssssccsssccscssccscsscssencsccsssssscnscsescessosscenssesscsscssoccssccscsessesevesssecsacenscssssessoeeseass SECTION 3.0 FEE SGHEDULE. snc. -sescsssssancencorensan causes cenneeseanesvensenesesaseaaessuscuseesnerss -eacseavnes amaeaen Seer -REEEESS ARTICLE VII FEES SECTION 1.0 PURPOSE, INTENT, BEST PRACTICES, AND LAWFULNESS A. Purpose and Intent. It is the purpose and intent of this Article is to provide transparency of established fees applicable to all application types and specific processes. B. Lawfulness. Any deviation from the provisions of this Article is prohibited and unlawful. C. Best Practices. All applicants shall be treated equally and charged the same fees for the same applications. Only the City Commission may waive the payment of a fee but may only do so upon the adopting of a resolution that specifically states the supporting law and public purpose justifying such a waiver. SECTION 2.0 FEES No application for permits, certificates, applications, inspections or any other authorization required by these LDR’s may be accepted by the Administrative Official unless and until all fees required to accompany the application are paid in full. Fees established herein may be amended by adoption of a resolution by the City Commission. The Administrative Official shall annually recommend to the City Commission a fee schedule to be embodied in such a resolution establishing fees to include, but not be limited to, amendments, updated, additions, corrections and other appropriate modifications to such fee schedule. Notwithstanding the foregoing, the fees shall be modified each October 1“ by the Administrative Official, upon consultation with the City’s Financial Director, based on the percentage increase in the U.S. Consumer Price Index (CPI) as published by the U.S. Bureau of Labor Statistics for the 12-month period ending the previous July. SECTION 3.0 FEE SCHEDULE Land Development Fee Schedule Per Resolution No. 3219 adopted February 26, 2024 | Any necessary City Attorney’s fees and recording fees will be charged in addition to the noted fixed fees. | Annexation (1) Annexation — Single Family Dwelling $250.00 Annexation — All Others $500.00 Comprehensive Plan Amendment (1) Small Scale $1,500.00 Large Scale $3,500.00 DRI, Reg, Activity Center, Urban Central Bus District $5,000.00 Rezoning (1) Amendment to the Zoning Map (Rezone) $1.000.00 (Other than Planned Development Rezone) a Any Change to PD (Planned Development) VH-1 xx/xx/xx Return to Ord. No. AX-KXXX Table of Contents Less than 3 acres $2,000.00 3 acres to 10 acres $2,500.00 Greater than 10 acres $5,000.00 Amendment to an approved PD $2,000.00 Conditional Use (1) Major Conditional Use (Planning & Zoning Approval $750.00 Major Conditional Use $1.500.00 (Planning & Zoning + City Commission Approval) oe Minor Conditional Use $500.00 After the Fact Conditional Use Double Regular Fee Variances (1) De Minimis Variance of less than 15% Single and Two-Family Residential Uses $25.00 All Other Uses $100.00 Variance for Single and Two-Family Residential Uses $150.00 (DRT Review; Administrative Official Approval) . Variance that required P&Z Commission Approval $750.00 After the Fact Variance Double Regular Fee Appeals and Other Requests (1) Administrative Appeal $500.00 (Appeal of any Administrative Official or Board Decision) : Waive | Year Waiting Period Requirement $1,000.00 Waive Distance Separation Requirement $1,000.00 Development Order / Development Agreement $250.00 plus all City Attorney Fees Comprehensive Sign Plan Review $250.00 Vested Rights Application (1) $600.00 plus City Attorney Fees Mobile Food Vendor $100.00 Temporary Sign $25.00 Dog Friendly Restaurants — Outdoor Seating $30.00 Alcoholic Beverage License Review $35.00 Development Review (1) Pre-Application Conference — 15‘ Meeting No Fee Pre-Application Conference — Extra Meetings (2) $100.00 Site Plan Review Up to 0.5 acre $300.00 0.51 acre to 2.5 acres $600.00 2.5 acres to 10 acres $900.00 10.1 acres and larger $1,500.00 Engineering Plan Review Up to 0.5 acre $300.00 0.51 acre to 2.5 acres $600.00 2.5 acres to 10 acres $900.00 VIT-2 vex x la Ord. No. KKK Return to Table of Contents | 10.1 acres and larger $1,500.00 Development Plan Review Up to 0.5 acre $500.00 0.51 acre to 2.5 acres $800.00 2.5 acres to 10 acres $1,200.00 10.1 acres and larger $1,600.00 Applicant initiated revision to Development Plan, Site, PSP, 1/2 of Original Fee or Engineering after staff review or extra reviews required (3) Zoning Site Review Additional Parking — Residential $40.00 Porches, Decks, and Patios - Residential $40.00 Utility Review (Not part of a Development Plan Review) Up to 0.5 acre $300.00 0.51 acre to 2.5 acres $600.00 2.5 acres to 10 acres $900.00 10.1 acres and larger $1,500.00 Applicant initiated revision to Utility Plan after staff review 1/2 of Original Fee or extra reviews required (3) Subdivision Plan Review (1) Preliminary Subdivision Plan $1,000.00 Final Plat $600.00 plus Survey Review Fee Minor Plat $250.00 Flood Plain Review (Not part of a Development Plan Review) (1) Flood Plain Determination $20.00 Flood Plain Application $150.00 Flood/FEMA MT-1 Form Single Lot/Single Structure $180.00 Multiple Lots/Multiple Structures $250.00 Flood/FEMA MT-2 Form Up to 100 acres $1,600.00 Greater than 100 acres $2,000.00 Site Development Permit One and Two-Family Residential (no building permit) $50.00 All Other Uses 2% value of construction ($100 Minimum Fee) Engineering Re-inspection Fee $50.00 Abandonment / Vacates (1) Plat $500.00 Easement $500.00 Streets / Right-of-Way $500.00 Voluntary Dedication of Private Road to the City $1,500.00 plus Engineering and Attorney Fees Right-of-Way Utilization Activities (1) Single Family Residential Driveway $40.00 VIl-3 Return to Table of Contents All Other Right-of-Way Activities (4) $150.00 Right-of-Way Use Agreement $250.00 Right-of-Way use — Open Cut (4) $1,000.00 Arbor Permits (1) Single Family Residential No Fee All Others $100.00 per acre — ($100.00 Minimum Fee) Addressing Residential — Per Address $10.00 ea. Non-Residential — Per Address $25.00 ea. Street Name Change $100.00 ea. Administrative Letter (1) Residential $25.00 All Other $100.00 Printed and Digital Copies, etc. (1) Digital copy of any document on CD $5.00 Standard Copies — Single sided $0.15 per page Standard Copies — double sided $0.20 per page Large Copies — over 11” x 17” (8) $5.00 Historic Preservation — Certificate of Appropriateness (1) Application for Minor Review - Staff Single Family Residential No Fee Single Family — After the Fact — Minor (5) $25.00 All Others $25.00 All Other Uses- After the Fact — Minor (5)(9) $50.00 Application for Major Review — HPB Single Family Residential Use $50.00 Single Family — After the Fact — Major (5) $100.00 All Other Uses (Other than Single Family (5)(9) $200.00 All Other Uses — After the Fact — Major (5)(9) $400.00 Variance to Schedule S Single Family Residential $150.00 All Others $750.00 Right-of-Way Use — SC3 — Based Permit (6)(9) $150.00 Right-of-Way Use — SC3 — First Additional Permit (6)(9) $50.00 Right-of-Way Use — SC3 — Second Additional Permit (6)(9) $25.00 Right-of-Way Use — SC3 — Third Additional Permit (6)(9) $25.00 HPB Review of Alternative Signage (9) $200.00 A-Frame Sign Application (9) $25.00 Merchant Directional Signs (6)(7)(9) $50.00 Public Art Activities (1) Art Easement Execution (10) $25.00 Pop Up Art Project Application (10) $25.00 VII-4 v/a xx Ord. No. KX-KXXK Return to Table of Contents | Public Work of Art Application | $50.00 NOTES: 1) 2) 3) 4) 5) 6) 7) 8) 9) All City Attorney’s fees and other required City contracted service costs (ie. surveyor, engineering, appraisal, printing, etc.) are the responsibility of the applicant and will be in addition to the noted fixed fees. There is no charge for initial pre-application conference. When an owner or developer submits the same site multiple times the Administrative Official has the option to charge the specified fee. Engineering, utility, flood plain and development review fees cover initial review and up to two follow up reviews. Additional reviews that are required because of changes or failure to make corrections will require payment of 1/2 original fee before proceeding. Development plans must contain complete engineering, erosion control and all plans necessary to construct the site. Maintenance of traffic (MOT) plan review other than single-family driveway, curb cut, etc.; any non-specified work in ROW. Required applicant complete a notarized acknowledgement of Historic District Requirements. Required annual renewal (renewal fee is the same as application fee). Fee is per sign blade. Fee is based on charge by contract service provider if copied off site. Fee to be deposited in to Historic Preservation Fund. 10) Fee to be deposited into the Public Art Fund. Any action or activity not listed or enumerated shall be charged at a rate which shall approximate the cost of the action or activity as determined by the City Manager, or designee. VII-5 Ord. No. KX-KXXX Table of Contents