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Ordinance 07-1833 ORDINANCE ].v0. 07-1833 AN Ok2DINANCE OF THE CITY OF .LONGWOOD, FLORIDA, AMENDING THE LONGWOOD DEVELOPMENT CODE, ARTICILE V, SECTION 5.3.3 ENTITLED "FENCES"; PROVIDING FOR CONFLICTS, CODIFI~A7'ION, SEVERA]BILITY 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, the City of Longwood ha~~ adopted a unified map approach based on the Future Land. Use Map of the Comprehensive Plan; and WHEREAS, the subdivisions of Danbury Mills, The Landings, and Westlake Manor (also known as Coventry) were developed as Planned Unit Developments (PLTDs) ~ under a zoning code no longer in use by the City; and. WHER)H:AS, the configuration of lots and buildings in said subdivisions are atypical of the land use districts in which they are now located, creating inconsistencies in the implementation of current fence placement regulations; and WHEI8IH:AS, Chapter 163.3174 (4) (c), Florida Statutes, requires the band Planning Agency to review proposed land development regulations, or amendments thereto, for consistency with the adopted Plan, ;~s may be amended; and WHERF,AS, the Land Planning Agency (LPA) held a public hearing on July 11, 2007 to consider the amendment of the Lon;;wood Development Code; made certain findings of fact regarding said amendment., determined the proposed changes are consistent and recommended the proposed ordinance be enacted by the City Commission; Ord, 07-1833 LDCA 03-07 Page 1 of 4 NOW, THEREFORE BE IT ORDAINED BY THE CITY COMNIISSION OF THE CITY OF LONGWOOD, FLORIDA, AS FOLLOWS: SECTION 1: Longwood Development Code Article V, Section 5.3.3 be amended to include a new part K to read as follows: K. Fence Placement Standards for Danbury Mill, The Landings, and Coventry. (1) Within the subdivisions known. as Danbury Mill, The Landings, and Westlake Manor Unit 1 (also known as Coventry, the fence placement requirements of this section shall not apply, except when the determination of a homeowners association is appealed by the applicant or by City staff. This shall not be construed to exempt fence placement from the requirement to obtain a construction permit. (2) Applications to the City for a fence permit within the subject subdivisions shall be accompanied by a letter from the homeowners association statine that the proposed fence location is approved. The City shall not issue a permit for the installation or replacement of a fence without receiving a letter of approval from the homeowners association: (3) The homeowners association shall evaluate each request for the placement of a fence consistent with the covenants and restrictions for the subdivision. Said covenants and restrictions shall be applied in a uniform and consistent manner to ensure that fence placement is appropriate to the lot and building_confiQuration of the subdivision. ' I Ord. 07-1833 LDCA 03-07 Page 2 of 4 (4) In the event that the application for the placement or replacement -of a fence is denied due to the proposed placement being- denied by. the homeowners association,- the applicant or .City staff rna~a~peal the decision. to the City Commission. The City Commission. shall then evaluate the request according to the placement requirements of this section, as the,4 are applied to other residential properties within the City. (5) Upon the dissolution or discontinuation of any of the above referenced . Homeowners Associations, , the+ standards for placement of fences as described in LDC 5.3.3 shall. anx~~ SECTION 2: All Ordinances, or parts thereof in conflict herewith, be and the same are hereby repealed. ~ SECTION 3: The provisions of this Ordinance are declared to be separable and if any section, paragraph, sentence or word of this ~Drdinance or the application thereto any person or circumstance is held invalid, that invalidity shall not effect other sections or words or applical:ions of this Ordinance. SECTION 4: This Ordinance shall take effect immediately upon its adoption. FIRST READING N©Uevh ~~v' S," ~ 0®7' SECOND READING: ~ f oUP v~ 17 P_~- ~ 9 Z~ O0 PASSED AND ADOPTED THIS ~ DAY OF D v'e vr~,~e,~' , 2007 ~m C. ~ go Mayor L Orct. 07-1833 LDCA 03-07 Page 3 of 4 i - ATTEST: Sarah 1VI: Mirus, CMC, City Clerk Approved as to form and legality for the use and reliance of the City of Longwood, Florida only. a~ T esa S. Roper, City Attorney I Ord. 07-1833 LDCA 03-07 Page 4 of 4