Ordinance 09-1891 ORDINANCE. N~~. 09-1891
AN ORDINANCE OF THE ~CI'TY OF LUNGWOOD,
FLORIDA RELATING TO ILLEGAL SITES,
.STRUCTURES AND OTHER IMPPOVEMENTS ;ADDING
A NEW SECTION 9.2.4 'C0~ THE LONGWOOD
DEVELOPMENT CODE, ARTICLE; ILL, OF THE CODE OF
ORI)][NANCES OF THE C:[T•Y OF LONGWOOD,
FLORIDA; SETTING FORTH A PROCEDURE :BY WHICH
OWNERS OF PROPERTY REM~~IIVING AFTER PARTIAL
TRANSFER OF PROPERTY 7°O A GOVERNMENTAL
ENTITY MAY ATTEMPT TO BRING RESULTING
ILLEGAL SITES, USES, ~ AavT? STRUCTURES ON
REMAINING PROPERTY INTO COMPLIANCE WITH
THE LONGWOOD DEVELOPMI~NT CODE, PREVIOUSLY
APPROVED SUBDIVISION AND/RJR SITE PLANS AND
PREVIOUSLY APPROVED ' D:E~'ELOPMENT AND/OR
ANNEXATION AGREEMENTS; PROVIDING FOR A
PROCEDURE FOR OBTAIr1IPdG WAIVERS AND
EXCEPTIONS TO THE LONGWOOD DEVELOPMENT
CODE AND/OR ]PREVIOUSLY A,PI'ROVED SUBDIVISION
AND/ OR SITE PLANS ANI) PRI~.VIOUSLY APPROVED
DEVELOPMENT AND/OR ANNI~;XATION AGREEMENTS,
~ FOR ILLEGAL SITES,STRUCTURES AND OTHER
IMPROVEMENTS RESULTING FROM A TRANSFER TO
A GOVERNMENTAL ENTITY UNDER HARDSHIP
CIRCUMSTANCES; PROVIDING F'OR FEES; PROVIDING
FOR NONBINDING DETI~;RMINATIONS TO
CONDEMNING AUTHORITIES; PROVIDING FOR
ENFORCEMENT; PROVIDING ]FOR SEVERABILITY;
PROVIDING FOR CODIF[CATIO7\', PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Longwood, Florida has the authority to
adopt this Ordinance pursuant to Article VIII, 2(b) of the Constitl~tion of the State of Florida
and Chapter 166, Florida Statutes; and.
WHEREAS, the City Commission wishes to provide a fair and equitable process by
which landowners affected by transfers of their l~roperl:y to an entity having the power of
eminent domain may obtain relief in instances where strict application of the Longwood
:Development Code would result in rendering the rerx~aining portion of their property unusable or
otherwise place an unreasonable burden upon such landowner.
BE IT ENACTED BY THE CITY C~~MMISSION OF THE CITY OF
LONGWOOD, FLORIDA:
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SECTION I: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
- ~ - SECTION II: -New Section 9.2.4 of the City of Longwood, Florida, Longwood
Development Code is hereby added to such Code and shall read as follows:
9.2.4. Hardship -Eminent Domain Takiri~s.
A. Intent.
This Section is intended to provide a fair and equitable process wherebX
either landowners affected by the transfer of an~part of such property to an entity
having the power of eminent domain, or such landowners iointly with the
condemning authority,. can rehabilitate, or mitigate damage to, the Remaining
Parcel, and the condemning .authority can independently obtain. nonbinding
determinations, where such Remaining Parcel deviates from the LDC and/or any ~
applicable subdivision and/or site plan(s'), and/or developer or annexation
agreements with the City that may result from such transfer.
B. Definitions.
1. For the purposes of this Section and this Section only, the
following terms shall have the following meanings.
i. "Transfer in satisfaction of condemnation ("TSC", " shall
mean and refer to a transfer of an interest in real property to
an entity having the power of eminent domain, whether
such transfer be effected by finallud~ment in a
condemnation action, certificate of deposit pursuant to an
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order of taking, deed under threat of condemnation,
voluntary transfer, or otherwise.
ii. "Director" shall mean and refer to the City of Longwood
Director of Comrriunit~iervices or his/her designee.
iii. "Remaining Parcel" shall mean and refer to the remaining
portion of real proper including existing improvements,
after a portion of such property is transferred to an entity
having the power of eminent domain.
iv. "Governing Documents'' shall mean and refer to those site
and/or subdivision plans and/or agreements and/or City
zoning/development ap~.•ovals, including but not limited to
developer or annexation agreements, which are applicable
to or otherwise enforceable against a particular property or
development. Such documents when submitted to the City
for approval, shall be fully engineered and :meet any
requirements of the LDC applicable to such documents
unless otherwise states( h~:rein.
v. "Nonbinding" shall mf;an and refer to determinations by the
City that do not require the owner of a Remaining Parcel to
comply with the City's dfaenninations.
C. Taking or Transfer Causing Nonco:nfc~rmance of Remaining Property
1. Notwithstanding any provision of the LDC to the contrary,
whenever a transfer in satisfaction of condemnation ("TSC")
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occurs, and such transfer causes the Remaining Parcel to deviate
from the LDC and/or Governing Documents applicable to such
property, then such Remaining Parcel shall thereafter be an illegal
site and/or structure to the extent that the TSC causes the
Remaining Parcel to deviate from the LDC and/or Governing
Documents.
2. ~ (a) Within ninety (90ws after the date of the TSC, the
owner of the Remaining Parcel must schedule and
participate in apre-application conference with the Director
to discuss the actions or improvements necessary to brim
such Remaining Parcel into compliance with the LDC and
Governing Documents. Such 90-day period shall constitute
a "race period" during which Code Enforcement action `J
against the Remaining Parcel, with respect only to those
deviations caused by the TSC, shall be temporarily
suspended to facilitate operation of this Section. An
application made within such 90-damperiod shall extend
such "grace period" pending the owner's Good faith
participation in the rehabilitation process pursuant to this
Section. A property owner may still apply for relief
pursuant to this Section after the expiration of the 90-day
period, at which time, pending Code Enforcement action
against deviations caused by the TSC shall be abated
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_ pending the owner's mood faith participation in the
rehabilitation process pursuant to this Section.
~b~ Nothing in this Section shall be construed to prohibit or
otherwise abate .Code Enforcement action against a
Remaining Parcel for: ~1) deviations or violations not
caused by a TSC or (:?deviations or violations, regardless
of whether such are cau..ed by a TSC, that pose a threat of
imminent harm or darner to the. health, safety, and welfare
of the community, including, but not limited to, nuisances,
environmental hazard~;~r other hazardous conditions.
3. Within one-hundred eighty (8(I) days after the date of the TSC,
the owner of the Remaining F'arc;el must propose and submit to the
Director an application; for relief pursuant to this section
accompanied b~proposed amendments and revisions to the
Governing Documents currently in effect, outlining a plan to
correct the deviations from the LDC and Governing Documents
that are caused by the TSC_ Such proposed amendments and
revisions shall account for the effect of the TSC and propose a plan
to bring those portions of the_F'emaining Parcel, which the TSC
has caused to deviate from the LDC and Governing Documents
into compliance with all requirements of the LDC, including, but
not limited to, any applicable landscape buffers, stormwater
requirements, setback requirements, landscaping requirements
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signage requirements, and parking requirements. To be considered
by the Director, the foregoing documentation. must be submitted
together with appropriate application forms, as well as payment for
any application fees, pursuant to the requirements of Section
10.0.5 B .
4. Following submittal of such application, the owner of the
Remaining Parcel must continue in good faith with the processing
of the application and the proposed revisions and amendments to
the. Governing Documents and respond to city staff comments
within thirt~(3^0) dais of receiving any such comments.
5. Following the City Commission's approval of the proposed
amendments and revisions to the Governing Documents, the owner
must proceed in good faith to bring the Remaining Parcel into ~
compliance with any such revised or amended Governing
Documents. The City Commission or the Director shall approve a
specific timeline for completion of site improvements required by
any such revised Governing Documents, which shall be tailored to
account for the complexity of the required improvements as well as
any special conditions pertaining to the rehabilitation of the
Remaining Parcel. Following timely completion of the site
improvements required by any of the revised Governing
Documents approved by the City Commission, the Remaining
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Parcel shall thereafter be deemed to be conforming as it relates to
the matters addressed in such doctunents.
6. The City Commission may, at its option, require the execution o:E a
new development agreement ir,. connection with the approval of
any revised Governing Documents or amendments thereto. Any
new agreements or amendments to existing development or
annexation agreements must be approved by the City Commission
and be executed by the City officials having. authority over such
matters.
7. Unless otherwise stated h.°rein, all review procedures and
requirements contained in the L1~~C that pertain to particular types
of Governing Documents shall be equally applicable to the revised
versions of such Governing Do~~uments that are submitted by an
owner pursuant to this section, except that no public hearings shall
be required other than those required by State law.
I). Waivers.
1. If, due to the TSC, bringing the :remaining Parcel into conformity
with the LDC and/or the Governing Documents would place an
unreasonable burden upon th~~~roperty owner, then the property
owner may seek applicable wai~~ers or exceptions from the LDC
and proposed revisions or ~.me:ndments to the Governing
Documents as part of the, ov~mer's application. In determining
whether bringing a particular ~lrcel of property into conformity
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with the LDC and the newl~pproved Goyerning~Documents
would place an unreasonable burden upon the owner of the
Remaining Property the City Commission must .consider the
following factors:
i. Physical constraints imposed based upon' the size, shape, or
usable area of the Remaining. Parcel and existing structures
located. thereon;
ii. Safety concerns that would be created by strict adherence
to the LDC;
iii. Factors and circumstances that preclude the continued use
of the Remaining Parcel with the uses actually occurring on
the property immediatelyprior to the TSC;
iv. The effects of the proposed waiver or exception on traffic
congestion on the surrounding public streets and the danger
of fire or other hazard to the public;
v. Whether the effect of the proposed waiver or exception is
in harmony with the general intent of the CitY's LDC and
the specific intent of any and all relevant .subject areas of
such Code.
2. In connection with the approval of any revised Governing
Documents, the City Commission may~rant waivers or exceptions
from the provisions of the LDC upon finding that an unreasonable
burden would otherwise be placed on the property owner in
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accordance with the criteria :yet forth in Section 9.2.4(D1(1) of this
Code.
3. In granting a waiver or ex:ce~~tion the City Commission may
impose such conditions and restrictions upon the Remainin Pg arcel
benefited bX a waiver or excf~,~t,~'ion as may be necessaxy to allow a
positive finding to be made: on any of the factors set forth in
9.2.4(Dl(I) of this Code, or t~
r.iinimize the ir~urious effect of the
waiver or exception.
4. Regardless of whether brin~::ng the Remaining Parcel into
conformity with the LDC ancVor the Governing Documents would
Mace an unreasonable burden upon the property owner, if a TSC
causes a Remaining Parcel i:o ~~3eviate from the LDC to such a
degree that the granting of w~~ivers and exceptions would not
permit the general intent of the ~~ity's LDC and the specific intent
of any and all relevant subiect ~~reas of such Code to be met, the
City Commission maw refu:~e to grant any such waivers and
exceptions.
E. Actions_Taken Prior to Transfer in Satisfaction of Condemnation
1. Prior to the occurrence of the TSC a property owner maw
his/her option:
i. Hold the preapplication ronference with the Director and
submit such application and proposed revisions or
amendments to the .Governing Documents to such Director
;
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ii. Apply for waivers or exceptions as set forth in subsection
j'
"D" supra; and/or
iii. Obtain approvals pursuant to such application to address
the conditions that are expected to exist following the TSC.
2. At an ty me prior to a TSC, the condemning authorit~~pp1Y to
the Director for a written, non-binding determination as to whether
one or more .specifically detailed "cure plans," waivers,. or
exceptions proposed by such condemning authority will likely
sans . the requirements of this Section. Prior to submitting any
such application the condemning authority shall hold apre-
application conference with. the Director.
3. Following a condemning authority's pre-application conference
with the Director, the condemning authority may submit an \`-J
a~pl'ication for a written, non-binding determination as described
above. Such application shall include the information requested by
the Director at the pre-application conference. Any cure flan
specified in the application must clearly depict and describe the
existing condition of the affected property prior to the TSC and the
predicted condition of the affected property following the TSC and
the completion of the site improvements proposed by the cure plan.
4. The issuance of anon-binding determination by the Director or
Cites Commission pursuant to this Section shall not preclude the
Director or the City Commission from approving a competing
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application from the owner of tl.ie Remaining Parcel, which differs
~ from the cure plan, waivers an~i exceptions addressed in the non-
binding determination, it;bei~~reco~nized that there may be more
than one (1) alternative approach to cure the effects of a TSC that
would bring the Remaining_Parcel into conformity with the
Governing Documents acid th.e City's code requirements.
5. In the event a condemniri~ authority obtains a non-binding
determination concerniri~ ~i
c;ure plan, waiver, or exception
pursuant to this Section.. such shall only become binding upon the
Remaining Parcel to the extent. such cw-e plan, waiver, or
exception has been approved by the Cites Corrunssion and is
incorporated into a written se~tlement of the TSC between the
owner of the Remaiiun~. Parcel and the condemning authorit ~~If
more than one determination concerning a cure plan, waiver or
exception is approved by the Cites Commission .any of the
determinations that are approved by the City_Commission may be
used and relied upon by thf; c~,wner of the Remaining Parcel to
rehabilitate such parcel.
F. Fees.
1. Anyone submitting an application pursuant to this Section shall be
responsible for all of the Ci~t~'s review costs associated with the
submittal of such applicatiom., any revised Governing~Documents,
and any proposed cure plans submitted in conjunction therewith.
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2. The fees for the submission of a revised, fully engineered site plan
are the same as those for an initial site plan as set forth in
Appendix B of this LDC.
G. Enforcement.
The City may enforce violations of this Section by way of Code
Enforcement Board action, revocation of any certificates of occupancy
related to the subject pro~erty, and/or all other remedies available to the
City in law or equity. Prior to enforcing a violation of this Section, the
City shall provide written notice of such violation to the applicable
property owner, requiring such owner to cure such violation.
H. Notice.
If a condemning authority or owner of a Remaining. Parcel seeks City
approval of a cure plan, waiver, or exception, the party seeking such relief
shall provide to the other party written notice of such application at the
time of submittal of the application and at least ten (1 OLays notice of the
hearin~sl before the City Commission related to the application.
SECTION III: Severability - If any portion of this Ordinance is determined to void,
unconstitutional, or invalid by a court of competent jurisdiction, the remainder of this Ordinance
shall remain in full force and effect.
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SECTIOrd l[V: Controlling Provisions - :[n The event of a conflict or conflicts between
~ this ordinance and other previously adopted ordii~mc~s, this ordinance shall control only to the
extent that such conflict exists.
SECTI(DI•t V: E#fective Date -This ~Or+linance shall take effect upon its second
reading and final. e~doption by City Commission.
SECT$C7Nf VI: Codification. Section Ti of ttas Chdinance shall be codified and made a
part of the Longwood Development Code of the City of Longwood, and the Sections and
subsections of this Crrdinance may be renumbered o~r r+,lettered to accomplish such intention (e.g.
the word "Ordinance "may be changed to "Section "Art7cle or other appropriate word).
PASSED AND A])OPTED on first reading this (~-!~3ay of ri ~ 2009.
PASSED AND ADOPTED on second reading this ~~~;day of ~d 2009.
CI'T'Y +CCiMl~TISSION
CITY +DF LONGWOOD, TLORIIDA
Ha : .d Bundy, Jr., Mayo
ATT)^ST•
Sarah M. Mires, MMC, MBA
Ciry Clerk
Approved as to form and legality for the use ands re lianee of the City of Longwood,
Florida, only.
Teresa S. Roper, City Attorney
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