23-2240 Amending LDC to Address the Live Local ActORDINANCE NO.23-2240
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING THE LONGWOOD
DEVELOPMENT CODE ARTICLE I GENERAL PROVISIONS, ARTICLE II LAND USE DISTRICTS AND
ZONING DISTRICTS, ARTICLE III DEVELOPMENT DESIGN STANDARDS, ARTICLE V
SUPPLEMENTAL STANDARDS, ARTICLE IX HARDSHIP RELIEF AND SPECIAL EXCEPTIONS, AND
ARTICLE X ADMINISTRATION, TO IMPLEMENT THE PROVISIONS OF THE LIVE LOCAL ACT
INCLUDING THE ESTABLISHMENT OF A PLANNED DEVELOPMENT ZONING DISTRICT,
PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, on May 6, 2002, the City Commission of the City of Longwood enacted the
Longwood Development Code (Ordinance 02-1599), as was amended from time to time,
pursuant to the requirements of Chapter 163.3202, and Chapter 166.041, Florida Statutes; and
WHEREAS, Chapter 163.3174 (4) (c), Florida Statutes, requires the Land Planning Agency
to review proposed land development regulations, or amendments thereto, for consistency with
the adopted Plan, as may be amended; and
WHEREAS, the Land Planning Agency (LPA) held a public hearing on September 13, 2023
to consider the amendment of the Longwood Development Code; made certain findings of fact
regarding said amendments, determined the proposed changes are consistent and
recommended the proposed ordinance be enacted by the City Commission; and
WHEREAS, the Governor of the State of Florida signed Senate Bill 102, known as the "Live
Local Act" in an effort to address the affordable housing crisis; and
WHEREAS, the Live Local Act requires municipalities to authorize multifamily and mixed
use residential as allowable uses in any area zoned for commercial, industrial, or mixed use if at
least 40 percent of the residential units in a proposed multifamily rental development are, for a
period of at least 30 years, affordable as defined in s. 420.0004 and affects municipalities' ability
to enforce standards for density and building height;
WHEREAS, the Longwood City Commission has determined it is necessary to address the
implementation of the Live Local Act within the Longwood Development Code; and
WHEREAS, the City Commission determines that this Ordinance is consistent with the
Comprehensive Plan and in the best interest of the public health, safety and welfare.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
LONGWOOD, FLORIDA, AS FOLLOWS:
SECTION 1. The Longwood Development Code shall be Amended as follows (Words that are
StFiGkeR are deletions; words that are underlined are additions; Articles, Sections,
Subsections and Provisions not referenced in this ordinance are not modified):
Ordinance No. 23-2240
Page 1 of 25
ARTICLE I: GENERAL PROVISIONS
1.10.0. - Definitions.
Live Local Act or Senate Bill 102. Refers specifically to Senate Bill 102 known as the "Live Local
Act" as signed by the Governor of Florida on March 29, 2023 and made effective July 1 2023.
ARTICLE II: LAND USE DISTRICTS AND ZONING DISTRICTS
2.2.10. Planned Development District. The Planned Development (PD) District is an
independent, freestanding zoning district, wherein the zoning regulations need not be uniform
for each class or type of land use, but where the use of land shall be in accordance with a
Development Agreement as specified in Article X of this Land Development Code.
2.3.0. Allowable uses.
2.3.1. Table of allowable uses. The following uses are allowable, subject to the standards,
regulations, and criteria of this Code and the Longwood Comprehensive Plan. All uses, unless
exempted specifically or by supplemental standards or definition, must be contained within a
principal structure. A principal structure may not be a tent, trailer, canopy, shed, tent, or similar
structure. The use table is intended to apply to new development or changes of use that create
impacts that are not supported by the site:
A = allowable, subject to the standards, regulations and criteria of this Code, including
relevant parenthetical references in the table of allowable uses.
S = allowable, subject to the standards, regulations, and criteria of this Code and
supplemental standards of section 5.4.0, pertaining to the specific use. Where a use is
subject to additional use -specific standards, the relevant section is included in
parentheses.
C = subject to a Conditional Use Permit
PD = subject to planned development approval of a Planned Development District
MX = allowed as mixed -use development, subject to approval of a planned development
District appfeval
* = Uses allowed only as an accessory use
o = Allowed only in multi -unit centers
Ordinance No. 23-2240
Page 2 of 25
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2.3.3. Residential uses.
(a) Apartments, Single -Use. In the Infill and Mixed -Use Districts, apartments are only
allowed as a Planned Development. Single -use apartments are an allowable use in
the Station Workshop and Transit Village Neighborhood districts.
1) Live Local Act. Sinjzle-use apartments designed utilizing the provisions and
allowances of the Live Local Act are allowable in the Commercial zoning
districts (Neighborhood Commercial, Gateway, General Commercial, and
17-92), the Infill and Mixed -Use District, and the Industrial Districts (Light
Industrial and Industrial Core). Allowed as used in the Live Local Act shall
mean as allowed under the Comprehensive Plan and Longwood
Development Code at the time a proiect proposal application desiring to
utilize the Live Local Act is submitted to the city and it shall not include
densities, heights or uses allowed as non -conforming uses or structures.
(b) Apartments, Mixed -Use Development.
(1) A mixed -use development for the purposes of this section is defined as a
development where the project creates, in addition to any number higher
than 5 apartment dwelling units, a net of 20,000 SF or more (10,000 SF or
more for the Neighborhood Commercial district, 30,000 SF or more for the
Gateway district) of new commercial space, restricted to retail, restaurant,
personal services, office, hotel, bake shops, theaters, and concert and
event venues. Additional uses may be allowed by the City Commission
through a Planned Development.
Ordinance No. 23-2240
Page 4 of 25
(a) Live Local Act. "Mixed -use residential projects" as referenced in the
Act must have at least 65% of the total square footage dedicated
for residential purposes. The proiect shall otherwise be consistent
with the provisions of this section including the square footage and
use requirements of LDC 2.3.3(b)(1) the timing requirement of LDC
2.3.3(b)(2).
(2) If residential uses are approved for development, a condition of the
Development Order (or Development Agreement for the PD) will be that
no use or occupancy of the residential portion of the development is
permitted without completion of the commercial portion of the
development. Thus, no Certificate(s) of Occupancy will be issued for the
residential portion of a development unless and until the issuance of a
Certificate(s) of Occupancy for the commercial portion occurs.
(3) Apartments totaling 5 units or fewer in a given development are allowed
as an accessory use to a project with a non-residential first floor in a single
vertical mixed -use building in districts where apartments are allowed in a
mixed -use development.
(c) Apartments in Downtown Storefront (DTS) district. Apartments are only allowed
in the Downtown Storefront district as an accessory to, and on the second or third
floors of, a building with a commercial first floor. A condition of the Development
Order for any such mixed -use building will be that the Certificate of Occupancy
will only be issued once the commercial portion is inspected and approved.
(d) Apartments in Industrial Core district. In the Industrial Core district, apartments
are allowed only as an accessory use that is subordinate to and compatible with a
new development in the industrial district, and only as a Planned Development.
Residential uses are limited to 40% of the square footage of the industrial use. If
residential uses are approved for development, a condition of the Development
Agreement for the PD will be that no use or occupancy of the residential portion
of the development is permitted without completion of the commercial portion
of the development. Thus, no Certificate(s) of Occupancy will be issued for the
residential portion of a development unless and until the issuance of a
Certificate(s) of Occupancy for the commercial portion occurs.
2.3.4. Single -Family Residential and Townhouses (3 or more attached units) in certain
districts.
(a) In the Neighborhood Commercial, General Commercial, 17-92, and Infill and
Mixed -Use Districts, single-family residential and townhouse development is
allowed as part of a mixed -use Planned Development. When adjacent to a
residential use, the residential uses shall be directed to the rear of the subject
property, or to any areas of the subject property that abut existing single-family
development, and shall be designed to buffer the existing residential from and
provide an appropriate downward transition from the commercial use to the
residential use. A mixed -use development for the purposes of this section is
Ordinance No. 23-2240
Page 5 of 25
defined as a development where the project creates a net of 20,000 SF or more
(10,000 SF or more for the Neighborhood Commercial district) of new commercial
space, restricted to retail, restaurant, personal services, office, hotel, bake shops,
theaters, and concert and event venues, or other appropriate uses allowed by the
City Commission through a Planned Development. If residential uses are approved
for development, a condition of the Development Agreement for the PD will be
that no use or occupancy of the residential portion of the development is
permitted without completion of the commercial portion of the development.
Thus, no Certificate(s) of Occupancy will be issued for the residential portion of a
development unless and until the issuance of a Certificate(s) of Occupancy for the
commercial portion occurs.
ARTICLE III: DEVELOPMENT DESIGN STANDARDS
3.2.0. Site design standards.
3.2.1.A. Table of Dimensional Standards.
A35 = Setbacks applied to buildings above 35' in height
A35R = Setbacks applied to buildings above 35' in height and adjacent to a property in single-family
residential use
NR = Non-residential building height, including multi -story apartment and condominium buildings.
R = Residential building height, including single-family homes and townhouses.
SF = Single family detached and duplex units
MF = Multi -family, including apartment units and townhouse units
Setbacks
Zoning Category
Residential
Front
Side
Rear
Maximum
Non-
Maximum
Minimum Dwelling Unit
Maximum
(Feet)
(Feet)
(Feet)
Impervious
Residential
Total
size
Density
(Minimum or
Minimum
Minimum
Surface
Maximum
Building
(Units/acre)
Range)
Ratio
Floor Area
Height
Per Lot
Ratio
A
A
A
A
A
A
Per Lot
NR
R
SF
MF
35
35
35
35
35
35
R
R
R
Residential
Categories
Conservation
1.0
10
-
-
7
-
-
20
-
-
5%
NA
35
35
900 SF
-
(CON)
Country
0.25
20
-
-
7
-
-
15
-
-
55%
.25
35
35
900 SF
-
Estates (CE)
Low Density
4.0
20
-
-
7
-
15
-
-
55%
.25
35
35
900 SF
-
Residential
(LDR)
Medium
7.0
15
-
-
5
-
-
15
-
-
65%
.25
35
35
200 SF
-
Density
Ordinance No. 23-2240
Page 6 of 25
Setbacks
Zoning Category
Residential
Front
Side
Rear
Maximum
Non-
Maximum
Minimum Dwelling Unit
Maximum
(Feet)
(Feet)
(Feet)
Impervious
Residential
Total
Size
Density
(Minimum or
Minimum
Minimum
Surface
Maximum
Building
(Units/acre)
Range)
Ratio
Floor Area
Height
Per Lot
Ratio
Per Lot
A
A
A
A
A
A
NR
R
SF
MF
35
35
35
35
35
35
R
R
R
Residential
(MDR-7)
Medium
10.0
10
-
-
5
-
-
10
-
-
70%
.50
35
35
200 SF
650 SF
Density
Max. with Tiny
Residential
Home
(MDR-15)
Communities
15.0
Non -Residential and Mixed -Use Categories
17-92
10.0
15
30
30
10
20
25
10
20
25
80%
1.0
45
35
900 SF
650 SF
Downtown
6.0
15
-
-
5
-
-
5
-
-
75%
.75
35
35
900 SF
-
Neighborhood
—
(DTN)
25
DTN Non-
-
15
-
-
10
-
-
15
-
-
75%
.75
35
35
-
-
Residential
—
25
Downtown
6.0
15
10
-
-
15
75%
.75
35
35
900 SF
650 SF
Storefront
—
(DTS)
25
Gateway (GW)
10.0
15
25
50
10
25
50
20
25
50
80%
1.0
35
35
-
-
General
10.0
15
25
50
10
25
50
20
25
50
80%
1.0
45
35
900 SF
650 SF
Commercial
(GC)
Infill and
15.0
15
25
50
10
25
50
20
25
50
80%
1.0
50
35
900 SF
650 SF
Mixed -Use
(IMU)
Neighborhood
7.0
15
25
50
10
25
50
20
25
50
75%
.75
40
35
900 SF
-
Commercial
(NC)
Transit Village
15.0
0*
10
15
5
10
15
5
15
20
80%
1.0
50
35
900 SF
650 SF
Neighborhood
-
-
(TV N)
10
10
Station
15.0
15
-
-
10
-
-
20
-
-
80%
1.0
35
35
900 SF
650 SF
Workshop
(SW)
Industrial
and Public/institutional
Light Industrial
10.0
15
25
50
10
25
50
20
25
50
70%
1.0
35
-
-
-
(L-IND)
Industrial
10.0
15
25
50
10
25
50
20
25
50
80%
1.0
45
45
-
650 SF
Core (IND)
Public
0
15
25
50
10
25
50
20
25
50
75%
.75
45
-
-
-
/Institutional
(P/I)
Ordinance No. 23-2240
Page 7 of 25
*The setback for the Transit Village Neighborhood district shall be modified within the ranee to
be consistent with the required street sections where applicable. Where there is not a specified
street section, the front setback shall be no less than 5 feet.
3.2.0. Site design standards.
Building Height U.mi*s; ^^-d 2 ^+4^^9
1. Height calculation. Outside of special flood hazard areas, building height shall be
measured from the average grade of the street or streets abutting the property,
measured from the centerline. Within special flood hazard areas, building height shall
be measured from the required design flood elevation line to the roof peak. For
structures other than buildings, including accessory structures, height shall be
measured from the mean elevation of the existing (pre -construction) grade to the
highest point of the structure above the existing grade.
2. Exceptions to the height limit are as follows:
(a) The height limit can be exceeded by up to five feet for incidental structures such
as stairwells and up to two feet for architectural features.
(b) The total amount for all incidental structures that exceed the height limit shall be
no more than five percent of the square footage of roof area and shall be located
to the center of the roof area and/or hidden from street level view to the
maximum extent practicable pursuant to LDC 3.2.3(D)(6).
(c) Architectural features can only exceed the height limit over 25 percent of the
length of the building.
(d) A single -use, infill residential subdivision of five units or less in the MDR category
shall be calculated at the highest allowable density for the category.
(e) The maximum height for a proiect developed under the Live Local Act shall not
be restricted below the highest currently allowed height for a commercial or
residential development within 1 mile of the development or 3 stories,
whichever is higher.
G. Calculation of density. The calculation of density for projects shall be as follows:
(1) Net developable area. The net developable area shall be based on the calculation of
the total area of the parcel or the total area of contiguous parcels under common
ownership and submitted for approval under a single development plan, including
retention/detention areas, existing ponds, lakes and streams, wetlands, future public
Ordinance No. 23-2240
Page 8 of 25
rights -of -way, parkland dedication, circulation, recreation facilities, etc., but excluding
land in existing public rights -of -way, and any parcels with no allowable density.
(2) Calculation. The total amount of units allowed is calculated by multiplying the
allowable units per acre for the parcel by the amount in acres of net developable area.
When calculating allowed density for any given site in the City, the net developable
area is multiplied by the allowed density per acre that applies to the zone where the
site is located. The result is the maximum number of units that may occupy that site.
For the purposes of this calculation, fractional values shall be rounded to the nearest
whole number (0.5 and above, round up; below 0.5, round down). All development
must be consistent with the standards of the Longwood Development Code.
(3) Live Local Act. The maximum density for projects meeting the standards of the Live
Local Act shall be permitted the highest allowed density on any land in the
municipality where residential development is allowed, which for interpretative
purposes is 15 dwelling units per acre pursuant to LDC 3.2.0. Projects developed under
the provisions of the Live Local Act may be eligible to apply for and receive a density
bonus beyond the 15 dwelling unit maximum through a Planned Development at the
discretion of the City Commission pursuant to the standards found in LDC 10.4.0.
7. Fagades shall have a traditional base, middle, and top delineated through a change in
material, texture, color, and traditional expression lines. Architectural elements and
variation shall not be restricted to the primary facade. All sides of a building shall
display a balanced level of quality and architectural interest, in accordance with sound
and generally accepted development and architectural practices and principles. The
following minimum number of architectural elements from Subsection 8 are required
and must be applied consistently, thoroughly, and in an architecturally compatible
manner across the facade:
a. Primary facade: Three elements.
b. Secondary facade: Two elements.
c. Rear facade: One element.
d. Rear facade visible from a right-of-way or residential property, but not fronting a
right-of-way: two elements.
e. If the building is placed in a corner of two rights -of -way, an additional corner
element is required.
f. Apartments and townhouses where the total amount of square footage
associated with the primary use exceeds 20,000 SF are required to incorporate
wall offsets with a minimum depth of two feet in the form of projections or
recesses spaced evenly across the facade plane, spaced no more than 30 feet
apart.
8. Architectural elements.
Ordinance No. 23-2240
Page 9 of 25
a. Solid color fabric, metal, or glass canopies/awnings providing shade to
pedestrian ways and/or to accent doors and windows.
b. Porticos or porte-cocheres integrated with the building's massing and style.
c. A prominent architectural element, such as increased building height or massing,
a cupola, a turret (this element is required when a building terminates at a "T"
intersection or is located on the corner of two rights -of -way).
d. Colonnades or arcades.
Cornice, a minimum of two feet in height with 12-inch projection.
Arches with a minimum 12-inch recess depth.
g. Curved walls.
h. Columns.
i. Architectural features of like quality and aesthetics.
ARTICLE V. SUPPLEMENTAL STANDARDS
5.3.3. Fences.
A. Fences and walls shall be constructed in a safe, sturdy manner. Any walls visible
from the public right-of-way shall be decorative, in a style, material, color, and finish
consistent with the buildings on the site. Where a fence has horizontal or vertical
support posts on only one side of the fence, those support structures shall face the
interior of the property. Where a fence has support structures on both sides, a
finished side shall face toward adjacent properties or right-of-way.
ARTICLE IX: HARDSHIP RELIEF AND SPECIAL EXCEPTIONS
9.3.3. Criteria. The city commission may grant a special exception from the strict application of
any provision of this Code, except provisions in article II (Land Use Districts and Overlay
Districts), LDC 5.4.0 (Supplemental standards for specified land use activities), Section 6.1.6
(Nonconforming signs), Article VII (Concurrency Management), Article IX (Hardship Relief), and
Article X (Administration) and 12.1.3 (Heritage Village Table of Allowable Uses) if the following
procedures are followed and findings made. The city commission shall consider the following
criteria when making their determination:
1. The request is consistent with the spirit and intent of the Code;
2. The resulting development will provide equal or better results than required by the
Code;
3. That the resulting development is consistent with the city's Comprehensive Plan
and other city adopted planning documents;
Ordinance No. 23-2240
Page 10 of 25
4. That the granting of the special exception will not diminish property values of the
area surrounding the site;
5. That the request represents the minimum modification(s) necessary and is not
primarily driven by a desire to reduce costs on the project; and
6. If the condition resulting for the request for a special exception is common to
numerous sites, so that the request for similar special exceptions are likely to be
received, the cumulative impacts of granting the request.
7. If the request is related to conditions that result from a land use, density, height, or
other similar allowance resulting from changes in State law, the City Commission is
not obligated to approve special exceptions made necessary by those changes to
allow the proiect to meet other standards of the Longwood Development Code.
ARTICLE IX: ADMINISTRATION
10.2.2. Procedure for major and minor site development plans.
D. Submittals. An application for major and minor site development plan approval shall be on
forms provided by the department. For subdivisions, plats conforming with section 10.14.0
shall be provided. For all other development, the following information shall accompany the
application and be prepared by a professional engineer, architect or qualified landscape
architect where relevant to the proposed development unless waived by the community
development director:
5. A depiction of all structures, including the footprint and height calculation of all
structures within 50 feet of the applicant's lot, roadways, pedestrian ways, open
space, buffering, and recreation facilities, including points of access to public
roadways and the location of any median cuts.
20. For the following project types, scaled renderings are required that show the project
from four directions, including accurate depictions of the visual impact on
neighboring properties in each direction, including accurate building heights and
grades for each property
a. Apartments.
b. Planned developments.
c. Buildings above 35 feet.
d. Townhouse proiects of 5 or more total units
e. Anv proiect in the Transit Village Neighborhood zoning categor
Ordinance No. 23-2240
Page 11 of 25
f. Historic District proiects other than single family homes
4.g. Any project adjacent to properties in single-family residential use.
M. Where a proiect is approved utilizing provisions of the Live Local Act the applicant
must, prior to approval of a site development plan for the project execute and
record in the public records of Seminole County deed restrictions running with the
land with terms acceptable to and enforceable by the City that: (i) prohibit any
affordable housing unit from being rented or sold at a price that exceeds the
threshold for housing that is affordable for low-income or moderate -income
persons or to a buyer who is not eligible due to their income; (ii) is binding for at
least 30 years consistent with the Live Local Act; (iii) provides for the city's
enforcement remedies; (iv) provides for reporting and monitoring requirements;
and (v) details the affordable housing and proiect conditions and restrictions.
Mortgage holders will be required to execute and record a subordination of their
lien interest to such deed restrictions prior to or simultaneously with the recording
of the deed restrictions required by this subsection. The responsibility for reporting
requirements and penalties for non-compliance shall be placed on the applicant.
10.4.0. Planned development districtsis.
10.4.1. Generally.
A. Purpose. It is the purpose of thiS SeGtiOR the Planned Development district to
provide a method for landowners or developers to submit unique proposals which
are not specifically provided for or allowed in districts found in this Land
Development Code. In particular, these provisions allow a for the superior design of
a mix of residential and nonresidential uses, higher -density residential uses, and/or
unique design features which might otherwise not be allowed in the district,
tkxy however all uses must conform to all aspeets of the Comprehensive Plan
including the underlying Future Land Use of the property. The PD process is also
intended to provide for density and intensity bonuses. The Planned Development
district will be applied only upon specific petition by the property owner or
authorized agent.
B. Objectives. The PD provisions are intended to promote flexibility of design and
integration of uses and structures, while at the same time retaining in the city
commission the absolute authority to establish limitations and regulations thereon
for the benefit of the public health, welfare and safety. By „R69 FagiRg fle)(ihility i"
the p oolo ..,hi. h .nay be eeRsideFed, while t the Same time . etaiRi.,r...ept.rel in
the city yeF the appFeyal r .diSaPPr.,.,-.I of c„eh pFepesals, the PD
provisions are designed to:
1. Permit outstanding and innovative residential, nonresidential, and mixed -use
developments with a building orientation generally toward streets and
Ordinance No. 23-2240
Page 12 of 25
sidewalks; provide for an integration of housing types and accommodation of
changing lifestyles within neighborhoods; promote innovative buffering and
design techniques to mitigate the external impacts of the development; and
provide for design which encourages the preservation and enhancement of
natural features including trees and water bodies, internal and external
convenient and comfortable travel by foot, bicycle, and transit.
2. Provide flexibility to meet changing needs, technologies, economics and
consumer preferences.
3. Preserve to the greatest extent possible, and utilize in a harmonious fashion,
existing and outstanding landscape features and scenic vistas.
4. Lower development and building costs by permitting smaller networks of
utilities, a network of narrower streets, and the use of more economical
development patterns and shared facilities.
5. Achieve overall coordinated building and facility relationships and infill
development, and eliminate the negative impacts of unplanned and piecemeal
development.
6. Enhance the combination and coordination of architectural styles, building forms
and building relationships within the development.
7. Promote the use of traditional, quality -of -life design features, such as pedestrian
scale, parking located to the side or rear of buildings, narrow streets, connected
streets, terminated vistas, front porches, recessed garages, alleys, aligned
building fagades that face the street, and formal landscaping along streets and
sidewalks.
8. Provide an efficient mechanism for considering larger -scale industrial center
projects with or without a direct impact on residential areas.
C. Planned developments shall meet the requirements of all other sections of this
code including, but not limited to, parking, landscaping, and open space
requirements. Conflicts between the base zoning requirements and the proposed
Planned Development standards shall be noted as exceptions and documented in
the Development Agreement. The planned development district shall in no way be
used to circumvent requirements of other districts or other codes of the city. The
proposed master plan shall be consistent with the land use plan designation of the
site.
10.4.2. Minimum requirements for a planned development district approval.
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planned development PFGeess. All planned developments shall be larger than two acres and shall
otherwise include one or more of the following justifications as determined by the city
commission at the eeRGeptual Feview as part of the review of the zoning map amendment:
Ordinance No. 23-2240
Page 13 of 25
1. The proposed development is unique and promoted by Comprehensive Plan. The
use, site design, or other associated design elements associated with the proposed
project are not provided for by the Land Development Code or require flexibility in
order to support a project type that is otherwise prioritized in the Comprehensive
Plan.
2. Size, scale, complexity and design. The proposed development is of such size, scale,
complexity, and/or unique design that it would be inconvenient and inefficient to
process such a proposal outside the PD process.
3. Specialized compatibility and design characteristics. The nature of the proposed use
at a specific site requires specialized design characteristics to preserve and protect
neighborhood character, environmental concerns and other concerns unique to the
immediate area, consistent with Comprehensive Plan policies.
4. The project requires the implementation of a density or intensity bonus provided
for by this Land Development Code.
5. The use is subject to planned development approval per LDC 2.3.0 Allowable Uses.
10.4.3. Review process. The review process for a planned development district is as follows:
1. Pre -application meeting. The applicant for a planned development district shall
schedule a pre -application meeting to discuss the procedures and requirements
and to consider the elements of the proposed use and site and the proposed site
plan.
2. Submittal of Zonina Man Amendment. The applicant for a planned development
district shall submit an application for a zoning map amendment consistent with
LDC 10.11.0, inclusive of all requirements unique to a Planned Development District
included in this section. Where the underlying land use does not support a proposed
Planned Development, an amendment to the Future Land Use Map may be
considered simultaneously.
2. Citizen awareness and participation plan meeting. The applicant is subject to the
citizen awareness and participation plan (CAPP) requirements of article X, section
10.0.8 of this Development Code.
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66 esa ed—y.4-heut sigRifir;-ant expeAditwFe by the
annlieant if they de+erw,ines that a gal of then opesal will he r. estienahle e
i
any
efits Mei3 bei5, or any effiEeF OF empleyee of City, shall be Feiied upeRR by the
.,li, n+ a aRY e+horneFsei; as FeppeseRtatieR ., imnliGa+inn that the paniewlar
,.epeent n ed will ..I+ima+el., he a ,e.d i any feFm a a on Ge-Reentual
Feview FneetiRgs shall „-be-Retieediirthe saMe fer.m.;-;-r, a C-A°, P FseetiR^,s-orrd may
sati.f.. a (ADP Fn a+iRlt" n+ at the eitye-ernmessien's diseretieR
Ordinance No. 23-2240
Page 14 of 25
4 A4&r— ra;+e n;en %Ah.m;++64 Conceptual development plan. r-e"—•zine +he e ptblaI
described 'n sera+inn 1rl 7 and-.slsli+inn-+1
acac��ocd ��� accc,o�, xv.c.A A this ban Development Code
to eonsisler a site plan for a nlenned development shall he advertised - nrevi fflatel"
s e"ep days before eaeh publie hea Fin„ i a newspaper of a ral a ulatien i
SP—M.inele Ge„n+,,. IR AddWAR Concurrent to the r remep+s of the submittal of a
zoning map amendment pursuant to section 10 P 9 10.11.0, zhe fnII�TT IAXIR5
a conceptual development plan shall be
submitted. Should the City Commission approve a Zoning Amendment to a Planned
Development District, the Commission shall concurrently or shortly thereafter
adopt a conceptual development plan, which shall be the basis for implementation
of a site development plan and/or plat as appropriate. The conceptual site plan shall
include the requirements of 10.2.1.D except as amended below:
a. The following submittal requirements of LDC 10.2.1.D may be omitted for the
purposes of a conceptual plan and zoning approval, but will be required as part
of the final site development plan unless expressly waived in the Development
Agreement:
(1) A depiction of the location of security lighting and trash facilities
(2) A tree survey consistent with LDC 3.5.5(C)(2)
(3) Sufficient data and graphics to enable the city engineer to evaluate
the proposed stormwater management facilities, including
appropriate calculations
(4) Fire flow calculations
(5) Conceptual lighting plan (including street lighting where applicable)
a ll_d.enict.inp of the �re�s
depiccwi� a Feas
f land devoted d +n hl'ral ed .�s-.hle
of land
o rae
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devoted co pubkly'-ovi"rv'Red usable
open �$ac,
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apeas, plaza
ubliely owned Gammen
aFea able
open space, eemmen
area reereatienal
aFeasand eAn,n,An aFea
plazas
c. An enumeration of anticipated differences between the current applicable
design standards of the most appropriate zoning district for the property as
determined bvthe Community Development Director during the Pre -Application
phase the PD preper+., and the proposed PD standards.
d. A development schedule for the PD (or for each phase, if phasing is proposed).
The development schedule shall not be binding, except as may be specifically
required in the development agreement.
e A deserip+inn of all ineluded hie„rale/pedestrian/tr-.nsi+fae"i+'
Ordinance No. 23-2240
Page 15 of 25
f. A detailed description of the specific manner in which the project exceeds the
standards of the Comprehensive Plan, Development Code, and other applicable
visioning documents by providing a higher quality of design, including but not
limited to the furthering of quality mixed -used design multi -modal
transportation options, and the provision of public amenities, and well -designed
civic spaces, and community activity centers.
g n „ifie.d sigRage „laR fer the on
h. A detailed location map and specific narrative description of how the project will
be designed to be in harmony with the surrounding area, the Heritage Village
Redevelopment Strategy, and/or any development plan, and how any negative
impacts to surrounding development or development plans will be mitigated.
i. A program to provide for operation and maintenance of such areas, facilities,
and improvements for common use by the occupants of the planned
development; but which will not be provided, operated or maintained at general
public expense.
j. A transportation analysis shall be required at the conceptual phase for any
development generating more than 250 average trip ends for weekday or
weekend (whichever is higher) according to the latest edition of the Institute of
Transportation Engineers Trip Generation Manual. The analysis and
methodology shall be in accordance with generally accepted traffic engineering
practices and procedures subject to review and approval of the City Engineer. At
a minimum, the analysis shall include total trips generated by the project, a.m.
(if deemed necessary by the analyst) and p.m. peak hour directional trips and
distribution at project access points and links to significant other roadways to
such a point as the impacts become acceptable and other traffic improvements
required as a result of the proiect. Where the project impacts roads under
another agency's jurisdiction, including Seminole County, the transportation
analysis shall reflect data from that agency including the impact of approved and
anticipated projects on affected facilities.
5 D„„►e„.re„t G„ree„,e„,. Approval process.
The „I.,„„ed .deyele„wee„t may her er.Je.d devele„pAe„t agFeement
ee^sste R vAth _f;estieR =0.-9.A ef phis band Development Cede. The
granting of a zoning map amendment of a property to a Planned
Development District and the approval of its accompanying conceptual
development plan bythe City Commission shall constitute authorityforthe
applicant to submit an application for a site development plan within 12
months of the approval date of the re -zoning. The conceptual
development plan may, where applicable, serve as a preliminary plat.
Ordinance No. 23-2240
Page 16 of 25
b. The site development plan shall be processed pursuant to LDC 10.2.0 and
any approvals associated with the conceptual development plan including
any waivers or exceptions.
C. The site development plan shall be approved through a Development
Agreement pursuant to LDC 10.5.0.
6. Requirements and evaluation of PD. The applicant shall prepare a report that is
submitted with the application and addresses each item in the subsections below.
In considering a proposed PD for approval, the city commission shall evaluate the
proposal in consideration of these criteria and approve, approve with conditions, or
deny the PD application:
a. Conformance with the PD objectives and the Comprehensive Plan. No
development plan may be approved unless it is consistent with the
objectives set forth in this section and the Comprehensive Plan and any
and all applicable documents.
b. Concurrency. The proposed PD must meet or exceed the level of service
standards adopted in the Comprehensive Plan. Proof of the ability of the
conceptual plan to mee6Rg these standards shall exist in the form of a
certificate of concurrency exemption, certificate of preliminary or final
concurrency (as applicable at the particular review stage), or certificate of
conditional concurrency reservation, or mobility fund contributions where
applicable.
C. Internal compatibility. All land uses proposed within a PD must be
compatible with other proposed uses; that is, no use may have any undue
adverse impact on any neighboring use within the project boundaries.,
based on the streetscape, treatment of pedestrian ways and circulation,
motor vehicle circulation, and the separation and buffering of parking
areas and sections of parking areas; the existence or absence of, and the
location of, focal points and vistas, open spaces, plazas, recreational areas
and common areas, and use of existing and proposed landscaping; use of
the topography, physical environment and other natural features; use and
variety of building setback or build -to lines, separations and buffering; use
and variety of building groupings, building sizes, architectural styles, and
materials; variety and design of dwelling types; particular land uses
proposed, and conditions and limitations thereon; and any other factor
deemed relevant to the privacy, safety, preservation, protection or welfare
of any proposed use within the PD.
Ordinance No. 23-2240
Page 17 of 25
d. External compatibility. All land uses proposed within a PD must be
compatible with existing and planned uses of properties surrounding the
PD; that is, no internal use may have any avoidable or undue adverse
impact on any existing or planned surrounding use, nor shall any internal
use be subject to undue adverse impact from existing or planned
surrounding uses. An evaluation of the external compatibility of a PD
should be based on the following factors; adjacent existing and proposed
uses, design of the development, traffic circulation, and density and
intensity.
(1) The density, intensity, height, and bulk of the building or buildings
must be generally compatible with the surrounding neighborhood
while also advancing the applicable goals, objectives, and policies
of the Comprehensive Plan. "Compatible with the surrounding
neighborhood" does not necessarily mean "identical to" or even
"similar to" the surrounding neighborhood. Developments using a
density and/or intensity bonus will often be, by their nature, more
dense, more intense, or both more dense and more intense than
the surrounding neighborhood, but general compatibility with the
surrounding neighborhood can still be achieved by ensuring that
the subject development presents a logical transition between
itself and the surrounding neighborhood. This can be accomplished
in part through incorporating less intense and more compatible
uses adjacent to the surrounding areas, and through landscape
buffering that exceeds code minimums in a manner consistent with
the impact of the new development, particularly as it relates to
building height and massing and density bonuses.
(2) Projects shall provide functional and logical linkages to activity
centers and circulation facilities on such adjacent properties,
where applicable.
e. Intensity of development. The residential density and intensity of use of a
PD shall be compatible with (that is, shall have no undue adverse impact
upon) the physical and environmental characteristics of the site and
surrounding lands, and they shall comply with the policies and density
limitations set forth in the Comprehensive Plan. Within the maximum
limitation of the Comprehensive Plan, the permitted density and intensity
is adjusted based on compliance with bonus system provisions.
f. Density and intensity bonuses and criteria. The city commission may elect
to assign density and bonuses for projects that would exceed the zoning
Ordinance No. 23-2240
Page 18 of 25
district density or intensity maximums for a project, but do not exceed
the Comprehensive Plan maximums for the future land use district.
Density and intensity bonuses may only be granted through approval of
planned development.
(1) A development may be granted only a density bonus, only an
intensity bonus, or may be granted both a density and an intensity
bonus.
(2) The city commission may approve a requested bonus, approve a
requested or lesser bonus with reasonable conditions fairly
calculated to mitigate the impact of the bonus, or deny a
requested bonus.
(3) A bonus shall not be considered an entitlement. A bonus may be
granted only when an applicant presents clear and convincing
evidence that the proposed design, density, intensity, and mix of
uses will result in a superior development that is compatible with
the surrounding area and neighborhood and achieves the criteria
for approval provided in this section.
(4) The following design enhancements represent options for
creating a superior development. While not a strict point -based
system, a development that meets a greater number of these
enhancements is eligible for a greater bonus than a development
that meets only one or two enhancements. If improvements to
the streetscape or other public property is part of a selected
option, then such improvements must be maintained by the
property owner or owners of the subject development unless
appropriate maintenance obligations are accepted by the city.
(a) Streetscape treatment that exceeds the minimum
standards normally required of the development's
location.
(b) Preservation of a significant natural habitat, particularly
where more intense development is clustered in a manner
that leaves treed areas or natural waterbodies
undisturbed and protected.
(c) Utilization of a natural area or water body through the
provision of boardwalks, small boat ramps, or other similar
features deemed desirable by the city commission.
(d) Outdoor plazas with fountains, decorative lighting, and
other features to support outdoor dining and
entertainment.
Ordinance No. 23-2240
Page 19 of 25
(e) Undergrounding of existing utilities that are presently
above ground.
(f) Entrance features that highlight prominent intersections
with unique artistic features, landscaping, lighting, and
other elements that help make the development a
landmark and improve the visual appeal of key corridors
and intersections.
(g) Provision of public art. The size, amount, location, and
other quantitative and qualitative features of the public
art are subject to review and approval as part of the
planned development. Public art installed pursuant to this
part must be maintained by the property owner or owners
of the subject development unless appropriate
maintenance obligations are accepted by the City
(h) Another enhancement not otherwise required by code
that is proposed by the applicant. Examples include a
publicly accessible park, a premium transit stop, or the
provision public parking.
(i) Structured parking that is lined with habitable space or
other suitable measures.
g. Usable open spaces, plazas and recreation areas. Usable open spaces, plazas and
recreation areas provided within a PD shall be evaluated based on conformance
with the policies of the Comprehensive Plan and the sufficiency of such areas to
provide appropriate recreational opportunities, protect sensitive environmental
areas, conserve areas of unique beauty or historical significance, enhance
neighborhood design, and encourage compatible and cooperative relationships
between adjoining land uses.
h. Environmental constraints. The site of the PD shall be suitable for use in the
manner proposed without hazards to persons either on or off the site from the
likelihood of increased flooding, erosion or other dangers, annoyances or
inconveniences. Condition of soil, groundwater level, drainage and topography
shall all be appropriate to the type, pattern and intensity of development
intended. All requirements related to environmental management, including
surface water, gateway, nature park, greenway, uplands, and wellfield overlay
districts, must be met.
External transportation access. A PD shall be located on, and provide access to, a
major street (arterial or collector) unless, due to the size of the PD and the type
of uses proposed, it will not adversely affect the type or amount of traffic on
Ordinance No. 23-2240
Page 20 of 25
adjoining local streets and/or other adequate transportation alternatives will be
provided. Connection to existing or planned adjacent streets is encouraged.
j. Internal transportation access. Every dwelling unit or other use permitted in a PD
shall have access to a public street either directly or by way of a private road,
pedestrian way, court or other area which is either dedicated to public use or is a
common area guaranteeing access. Permitted uses are not required to front on a
dedicated public road. Private roads and other accessways shall be required to
be constructed so as to ensure that they are safe and maintainable.
k. Provision for the range of transportation choices. Sufficient off-street and on -
street parking for bicycles and other vehicles, as well as cars, shall be provided.
Parking areas shall be constructed in accordance with such standards as are
approved by the city commission to ensure that they are safe and maintainable
and that they allow for sufficient privacy for adjoining uses. When there is
discretion as to the location of parking in the project, it is strongly encouraged
that all motor vehicle parking be located at the rear or interior side of buildings,
or both. The design of a PD should, whenever feasible, incorporate appropriate
pedestrian and bicycle accessways so as to provide for a variety of mobility
opportunities. Connection to all sidewalks, greenways, trails, bikeways, and
transit stops along the perimeter of the PD is required. Where existing perimeter
sidewalks do not exist, sidewalks shall be provided by the development.
I. Consistency with article II. Must incorporate any use requirements from article II
of this LDC.
7. Unified control. All land included in any PD shall be under the complete, unified,
legal, otherwise -encumbered control of the applicant, whether the applicant be an
individual, partnership, corporation, other entity, group or agency. The applicant
shall furnish the city sufficient evidence to the satisfaction of the city attorney that
the applicant is in the complete, legal and unified control of the entire area of the
proposed PD. The application shall not be considered by the city commission until
the city attorney has certified in writing that the legal requirements of this section
have been fully met. The applicant shall submit an agreement stating that the
applicant will bind the successors and assigns in title to any commitments made in
the Development Agreement .
8. Phasing. The city commission may permit or require the phasing or staging of a PD.
When provisions for phasing are included in the development plan, each phase
must be so planned and so related to previous development, surrounding
properties and the available public facilities and services that a failure to proceed
with subsequent phases will have no adverse impact on the PD or surrounding
properties. Concurrency certification is not reserved by PD phasing. adsable open
Ordinance No. 23-2240
Page 21 of 25
..
RC
_.
10. Timing. The city commission may establish reasonable periods of time for the
completion of any dedicated public facilities within a PD, facilities planned for
common areas, and the total PD, including the timing of residential uses in mixed -
use developments pursuant to LDC 2.3.3 and 2.3.4 as applicable. If phasing is
provided for, time limits for the completion of each phase shall also be established
or may be deferred until development review. Any such limit may be extended by
the city commission upon the petition of an applicant for an amendment to the
laye t PI@R A-" develepmeRt plan Development Agreement and based upon good
cause, as determined by the city commission. Any such extension shall not
automatically extend the normal expiration date of a building permit, site
development plan approval or other development order. If time limits contained in
the approved PD layout plan are not complied with and not extended for good
cause, the city commission may amend the approved development plan or take
other action so as to best protect adjoining properties and the public health, welfare
or safety of the City. Failure to complete phasing on schedule shall require a new
concurrency review and appropriate concurrency permit.
11. Bonds. The city commission may also include, in the Development Agreement
deyelepmeRt ^'a^, requirements for bonds conditioned upon the satisfactory and
timely completion of facilities planned for common areas, for the benefit of
purchasers from the applicant, and public infrastructure improvements, when the
development time limits and phasing schedule do not preclude the sale of individual
units prior to the completion of such facilities.
12. Applicability of other regulations. All building code, hewSiRg rsede and other land use
regulations of including the Comprehensive Plan and this Land Development Code
are applicable to a PD unless expressly waived by the City Commission as part of the
Development Aereement where applicable.- ^e-At f .r the -Se ., tt-iR , ,...,,Gial use
r .- .................- , -... r . ... -.... ... , _.. r _..._
previsieR of the appFeved PP. v„ ss -the—ise—pr-Addedd iR the appFeved
Ordinance No. 23-2240
Page 22 of 25
.ren�
.. ._IAr
MLA
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13. Effect of denial eF withdrawal, or non-compliance ^p ^p.,4GG404
a. Following the approval of a zoning amendment to a Planned Development
District and the approval of a conceptual plan, should the applicant
withdraw or otherwise abandon the application including the
Development Agreement, the conceptual plan shall remain in effect until
a new application is submitted or until the City Commission re -zones the
property. The City Commission may consider allowing a new applicant to
develop to the existing conceptual plan by adopting a new resolution that
specifies a new submittal deadline for the final site development plan.
b. No application for a planned development shall be entertained within six
months after the denial of a request for the same use for the same
property unless substantial changes, as determined by the community
development director, are included as part of the revised application. The
applicant may appeal the director's determination to the city commission,
who may waive this time limitation.
14. Amendments to approved planned developments.
a An ^mpn,dment to an a ,erd DID (exeept fer an extenrien pf +imp
4n444 An amendment to a Development Agreement must be consistent
with LDC 10.5.0 or a mutually agreed -upon process as specified in the
Development Agreement. mist he ^ plisherd enl„ by ^ el„tier, of
the ..it., , nll ^ i^te maps, r.laRs and r eFts submitted
with the ^ ,erd 129 layout plan may her ubmitterd vVith the tit'
a'E)Rg With suffir•ie.,t r maps, .,pl^r aR d r rt er tp ele-,.-I...,R d
theFoughly in dir•^te the r peserd ehaRger i as the Rew proposed- DID
b. If, in the process of preparing the site development plan. a significant and
unanticipated change from the conceptual plan becomes necessary, the
applicant may pursue an amendment to the conceptual plan in the form
of a resolution to be considered by the City Commission prior to the
consideration of a Development Agreement. ^menrdme is to the final
plaR of an appFeyerd Drl of the fpllp\.,ing types may he th d by the
Ordinance No. 23-2240
Page 23 of 25
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SECTION 2. CONFLICTS. If any ordinance or part thereof is in conflict herewith, this Ordinance
shall control to the extent of the conflict.
SECTION 3: CODIFICATION. Section 1 of this Ordinance shall be codified; that such sections may
be renumbered or relettered to accomplish the intent of this Ordinance. Grammatical,
typographical and similar or like errors may be corrected, and additions, alterations, and
omissions not affecting the construction or meaning of this ordinance and the City Code may be
freely made.
SECTION 4: LIVE LOCAL ACT. Certain sections of this ordinance reference the Livre Local Act,
Senate Bill 102, as signed by the Governor of Florida on March 29, 2023. Should the Live Local
Act and its provisions be repealed or amended, the sections of this Ordinance that specifically
reference that act shall be immediately nullified.
SECTION 5: EXISTING PLANNED DEVELOPMENT. Site Development Plan SP 03-23, having been
submitted by Wood Partners Group prior to adoption of this ordinance, may continue utilizing
the Planned Development Process as it existed prior to the adoption of this ordinance.
SECTION 5: SEVERABILITY. The provisions of this Ordinance are declared to be separable and if
any section, paragraph, sentence or word of this Ordinance or the application thereto any person
or circumstance is held invalid, that invalidity shall not affect other sections or words or
applications of this Ordinance. If any part of this Ordinance is found to be preempted or
Ordinance No. 23-2240
Page 24 of 25
otherwise superseded, the remainder shall nevertheless be given full force and effect to the
extent permitted by the severance of such preempted or superseded part.
LAND PLANNING AGENCY HEARING: September 13, 2023
FIRST READING: September 18, 2023
SECOND READING AND ADOPTION: October 2.2023
PASSED AND ADOPTED THIS 211 DAY OF October. 2023
ATTEST:
MICHELLE LON(
•k
CITY COMMISSION
CITY OF LONGWOOD, FLORIDA
TONY O I, MAYOR
Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only.
v
D A N I E L W. N Y, 2fArirro RNEY
Ordinance No. 23-2240
Page 25 of 25