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Ordinance 10-1929 • ORDINANCE NO. 104929 AN ORDINANCE OF THE CITY IF LONGWOOD, FLORID •` AMENDING THE LONGWOOD DEVELOPMENT CODE ARTICLE I GENERAL P'' OYISIONS, ARTICLE II LAND USE AND OVERLAY DISTRICTS, ARTICLE III DEVELOPMENT DESIGN STAN) ARDS, ARTICLE IV RESOURCE PROTECTION STANDARDS, ARTICLE V SUPPLEMENTAL STANDARDS, ARTICLE VI SIGN REGULATIONS, ARTI ARTICLE VII CONCURRENCY MANAGEMENT SYSTEM, AND ADMINISTRATION, T'! E LONGWOOD EISTO'' IC DISTRICT CO II E :0 0K, AND THE LONGWOOD DESIGN GUIDE OOK TO REFLECT CHANGES ES ASS PROVIDING CI TE I I W A P OPCSED COMPREHENSIVE PLAN AID CONFLICTS, C(SDIFICATION, SEVERA':ILITY 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 August 11, 2010 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 City Commission recently passed CPA 01 -10, an amendment to the City's Comprehensive Plan that necessitates changes to the City's Land Development Code; WHEREAS, the City Commission and staff have encountered procedural and technical corrections which are necessary to improve the Code and expedite the review process; NOW, THEREFORE BE IT 01 RAINED BY THE CITY COMMISSION OF THE CITY OF LONGWOI 1, FLORIDA, AS FOLLOWS: SECTION I. The Longwood Development Code shall be Amended as follows (Words that are atliek-en -o t are deletions; words that are underlined are additions; Articles, Sections, Subsections and Provisions not referenced in this ordinance are not modified): Article II. Land Use Districts and Overlay Districts 2.1.0. Generally. 2.2.0. Adoption of MUM districts. 2.3.0.'1aM1e- ofAllowable uses. 1 of 68 2.4.0. Overlay districts. Article HI. Development Design Standards 3.1.0. Generally. 3.2.0. Site design standards. 3.3.0. Subdivision design and layout.. 3.4.0. Reserved. 3.5.0. Buffer and landscape requirements. 3.6.0. 9 ff Jtree -t-v iVlobility and Parking Requirements 3.7.0. Standards for drive -up facilities. 3.8.0. Standards for clear visibility at intersections. 3.9.0. Fire lanes, addressing and key boxes. I 3.10.0. Storm management. 3.11.0. Mobility Design Article VIII. Boards and Agencies 8.1.0. Appointment to board vacancies. 8.2.0. Codes of conduct for board members. 8.3.0. Rules and procedures for boards. 8.4.0. Land planning agency. 8.5.0. Board of adjustment. 1 4.6 tolie- pfests-wationboar Article X. Administration 10.0.0. Generally. 10.1.0. Construction permits. 10.2.0. Site development plans. 10.3.0 Conditional Use Permits 10.4:0 Planned Developments 10.5.0 Develonrnent Agreements 10.6.0 Development Orders 10.7.0. Historic overlay district. 10.8.0. Small -scale future land use map amendment. 10.9.0. Variances. 10.10.0. Vacations. 10.1.1.0. Land use policy decisions. 10.12:0. Appeals. 10.13.0. Hearings. 10.14.0. Development Activity During Appeals ProcessDevelapre. =t 10.15.0. Plats. ARTICLE L GENERAL PROVISIONS 11.4.0. Applicability. 2 of 68 1.4.4. Relationshi• to the Longwood Design Guidebook. The Longwood Design Guidebook includes specific materials, styles, orientation, and other design criteria which, when in conflict, override such elements in the Longwood Development Code. Interpretation of the application of regulations, performance standards, criteria, definitions, procedures, or any other provision of this guidebook shall be the responsibility of the Community Development Director. 1.10.0. Definitions. The City of Longwood hereby incorporates by reference the definitions contained in F.A.C. 9J -5.003 and F.S. § 163.3164. Other words and terms used in this LDC shall be given their common and ordinary meaning, except where the context clearly provides otherwise or where a specific definition is given within the text. The following terrns are defined for purposes of this LDC: Abut means to physically touch or border upon, or to share a common property line. Bikewa means an road, street )ath or wa which in some manner is s ecificall desi • nated as bein • open to bicycle travel, regardless of whether the facility is designed for the exclusive use of bicycles or is to be shared with other transportation modes. Block means a _rou ) of lots existing within well- defined and fixed boundaries usuall bein • an area surrounded by streets or other physical barriers. 1? 1 7> A —d ned . - . � { TJl17�ri�'1� v .u. • Bu fer means the area reserved along the boundary of a parcel in which landscaping and /or walls, fences or berms provide a separation for uses of differing type and intensity as well as providing an attractive boundary between parcels. Buffering means the use of any mamnade or natural materials or open space in any fashion designed to limit the effects of one land use upon adjoining land uses. 2 - = . .. . twcer3 two lt- enied -+ rnpati- ble-vith-- e-aeFF -et- , : pe : met€r -tea natural feature t pretected from an in mp: • o -, : • • - - • arc vatll ab b er o fwi reek 1e sueh -i-r empat-ib-i-lity -by -serve cotnbi- nation of construction-design, vegetation plantings, .-- - .. _ : . • tenance pr a icl �zha�l l �ae3 � n I3�- �naintair� - Building means any structure, either temporary or permanent, excpt a fence or as otherwise provided in this definition, used or built for the enclosure or shelter of persons, vehicles. og ods. merchandise, equipment, materials or property generally. This definition shall include tents, dinin• cars trailers mobile homes, sheds, garages, carports, animal kennels, storerooms, jails, barns or vehicles serving in any way the function of a building as described herein. This definition shall not include individual doll houses, play houses, and animal or bird houses. Building envelope means the outermost surfaces forming the complete enclosure of a building. Buildin hei ht means the vertical distance measured from the average elevation of the proposed finished grade to the top plate of the highest story. 3 of 68 • �:. • - • . - - hit -e-a looses . -^ - - d- fef-sheltering -a -s-e-e -f . . ' . e • - - . • : • b - 8u se—ef enstruetien o - .. . }1—a iiinn iae4 -w : ? - - Cf . f:. rrda S-n. Carwash means a facilit for the cleanin. and washin . of motor vehicles including interior cleaning, vacuuming, waxing and detailing, by means of self - service, automated mechanical equipment, manual labor or a combination thereof. Any carwash dispensing gasoline or other motor vehicle fuels shall be considered an automobile service station. Marquee sign means any sign attached to or hung from a marquee, canopy or awning, each of which shall be defined as a covered structure projecting from and supported by a building. Setback or setback line means a line determined by measurement, parallel to a lot line, creating an area between the lot line and the setback line in which structures may not be erected unless otherwise allowed in this Land Development Code. Setback. An area- de-hned within the4i e . b, : - • , .n accessory structures may -be - boated except as o • - ' - . - eif ed in this L-D €. Traditional neighborhood development. This term refers to the design and layout of a neighborhood based on features such as the following: orientation to pedestrian access, use of alleys, use of a grid street •attern, use of small front and setbacks relativel narrow streets on- street •arking, sidewalks and within a ten minute walk of a neighborhood park, retail or service establishment. Not all features may be present. ARTICLE 11. LAND USE DI[STR]ICTS ANI OVERLAY DISTRICTS 2.1.0. Generally. 2.1.2. Interpretation of district boundaries. Where uncertainty exists as to the boundaries of districts shown on the future land use map, the following rules shall apply. G. Where features existing on the ground are different than those shown on the future land use map, or where other uncertainty exists, the administrator- Community Development Director shall render an interpretation on the location of the boundary line in question. 4 of 68 2,2.0. Adoption of FLUM districts. The City of Longwood is currently divided into districts en -that mirror the future land use map (FLUM) of the Longwood Comprehensive Plan. The FLUM in-hei into this d-c e t Bede. —The Ci ma ado et. modif , amend or create new districts consistent with. the goals , policies and objectives of the Comprehensive Plan. 2.2.1. Low density residential (LDR). The LDR land use district is designed for the predominant use of single- family residential development at densities up to 4.0 units per acre. Allowable uses include single- family detached homes, single- family cluster development, and customary residential accessory development that is incidental to the pr eiple -- principal residential use of the lot or parcel. Other uses are allowable, as shown in section 2.3.0 (table of allowable uses), subject to the supplemental standards in section 5.4.0 (supplemental standards for specific uses). Specifc uses, such as schools .arks houses of worshi municipal uses and low intensity mixed use, commercial and service uses intended to serve the needs of the adjacent neighborhoods and essential utilities ma be allowable through a conditional use as 'royal sub'ect to additional development and design standards, including but not limited to landscaping, buffering, site layout, access, hours of operation and consistency with Traditional Neighborhood Design standards as may be applied by the City Commission to ensure a reduction of impact and compatibility with the surrounding uses. 2.2.2. Medium density residential (MDR). The MDR land use district is designed for all types of residential development. The -'. -- . - hin--this district is-4,4-dwelling units - er cre, and Tthe maximum density within this district is 4-0.0 -7.0 dwelling units per acre. Allowable uses include both single - family (attached, detached, or cluster) development, duplex development, multifamily development in a variety of housing types, and customary residential accessory development that is incidental to the principle principal residential use of the lot or parcel. Other uses are allowable, as shown in section 2.3.0 (table of allowable uses), subject to the supplemental standards in section 5.4.0 (supplemental standards for specific uses). Specific uses, such as schools parks, houses of worship, municipal uses, and low intensity mixed use, commercial and service uses intended to serve the needs of the adjacent neighborhoods, essential utilities and densities up to 15 dwelling units an acre may be allowable, through a conditional use approval, subject to additional development and desi•n. standards includin' but not limited to landscajin,, bufferin• site la out access hours of o eration and consistency with Traditional Neighborhood Design standards as may be applied by the City Commission to ensure a reduction of impact and compatibility with the surrounding uses. 2.2.3. Neighborhood Commercial Mixed Use (NCMU). The neighborhood commercial mixed use district is designed to serve adjacent neighborhoods in a manner consistent with the scale of those adjacent neighborhoods. f vcid=- „ g —ef uses-een -i -suet with- the-histef i udural i e, - • o -hc e>-ty. Allowable uses include residential (at any density up to - i- 0 -0 -7.0 dwelling units per acre), office, medical, commercial, entertainment, government, civic, and recreational, all as further specified in section 2.3.0 (table of allowable uses). In the neighborhood commercial mixed use district uses may be combined on one lot or parcel and further may be combined within one building. Where uses are mixed. or combined the maximum density for the residential portion of the development shall be 4 -015.0 dwelling units per acre, provided that the dwelling units are placed on second or higher floors for structures immediately adjacent to the road and that nonresidential uses are placed on the ground floor. The maximum intensity of the nonresidential portion of the development shall be as shown in article III. Certain uses may also be subject to the supplemental standards in section 5.4.0 (supplemental standards for specific uses) or subject to Conditional Use Permits. All development must be compatible with adjoining residential uses, including but not limited to the utilization of buffers, walls, 5of68 hours of operation and site layout. 2.2.4. Gene - ':1 (GC). TheG --land use district is designd e pre- 44e a location for a wi • ra —ge-e- -alewab-ii, - , • - .. b nmorcial, office, pi - -, - - -eai -n-tn"-z-4dinnent-,-6iv-ic, as puh -lic se ire- uses, all-as furthe p€e ed in secti -en 2.3.0 (t- - le--ef - - • • subject to - . - . - - c' - . .' : - - - - . .. uscs),Infill and Mixed Use. The Infill and Mixed Use (IMU) District shall be applied to the major corridors, gateways and areas surrounding the commuter rail station. It is the purpose of the IMU to promote a greater mixture of uses district wide in addition to promotin . verticall and horizontall mixed use development on single or aggre ag ted parcels. It is the goal of the IMU to incentivize mixed use development through flexibility in design, and increased density and intensities as allowed through a Bonus System, an expedited permitting process and other appropriate means. Uses allowed in the IMU include commercial, office, multi - family residential, institutional, civic, cultural, light industrial and governmental uses. 2.2.5. Industrial (IND). The IND land use district is designed to provide a location for a wide range of industrial uses as well as uses that are supportive of and ancillary to industrial development. Allowable uses include general office, govermnent services, warehousing and distribution centers, manufacturing, and specified commercial, assembly, storage, artist and artisan studios, cottage industries, and limited residential use all as further specified in section 2.3.0 (table of allowable uses). Certain specified uses may also be subject to the supplemental standards in section 5.4.0 (supplemental standards for specific uses). Parcels in the IND category that are ad'acent to a .ro.er in the Infill and Mixed -Use IM cate_or and are a_are• ated under the same ownership, may when reviewed as a planned development, utilize all applicable standards of the IMU land use for the entire project. 2.2.6. Public /institutional (P /I). The P11 land use district is designed to provide a location for civic, educational, governmental, cultural, and specified recreational uses, all as further specified in section 2.3.0 (table of allowable uses). Certain uses may also be subject to the supplemental standards in section 5.4.0 (supplemental standards for specific uses). - 2.2. Conservation (CON). The CON land use district is intended to protect environmentally sensitive areas as identified in the conservation element of the Longwood Comprehensive Plan. Such environmentally sensitive areas include wetlands, floodways and floodplains, unique wildlife habitats, and lakes or other water bodies. Development shall be limited to outdoor active or passive recreation consistent with the intent of the CON district, and shall allow one residential dwelling unit on a lot of record existing at the time of the adoption of this development code. 2.2.8 Downtown Historic (DH). The DH land use district intended to protect and enhance the character of the City's Historic Downtown. The DI-I land use is subject to the standards of this Land Development Code and the Historic District Code Book. In the case of conflicting standards, the standards of the Historic District Code Book shall apply. 1 2.3,0. Tu-b e l .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, and may be further restricted by the Planning • 6 of 68 Districts in the Longwood Design Guidebook: A = allowable, subject to the standards, regulations and criteria of this Code. 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 supplemental standards, the specific section is included in parentheses. C = subject to a Conditional Use Permit = Uses allowed only as an accessory use Low Medium Neighbetheod- General- Industrial Publicflnstitutional Conservation Density Density Mixed Use Genuxefe al Residen Residential Neighborhood Infill and tial Commercial Mixed -Use • Mixed -Use Adult S entertainment establishments Amphitheatre C C A Bake shop C C A A (retail sales) Bakery A A (production) — Bed and S S S breakfast establishment (5.4.5) — Body shop, A freestanding or in conjunction with used vehicle sales, vehicle service, or vehicle repair Carwash AC (freestanding) _ Cemetery A A A Civic facilities C C A A A C (museum, — — library, and similar) Community C A A A A A centers and indoor recreation facilities Community residential homes (5.4.9) Day care and s S SA -SA SAY SA* pre - school — — — — facilities (3.44) Dog kernels C A A A without outdoor • 7 of 68 runs (5.4.2) Dog kennels S S with outdoor runs (5.4,2) Fast -food and ACC drive -up restaurants Financial C A A A A institutions Funeral home A A A Gasoline sales AC A A General offices, C C A A A A including government • offices, and excluding medical Government A A A A services, such as public works yard, utility facilities, emergency services facility, substations, etc. Group homes S S S S Hospitals (5.4.8) S S hotels and C A A motels Junkyards /salva S ge yards (5.4.1) Large -scale CA discount stores Light repair A A A (indoor) Lodges or clubs C A A A (private) Manufacturing, A A processing, assembly, or fabrication (indoor) Manufacturing, A processing, assembly, or fabrication with • outdoor storage or activity MedicaUdental C C A A A offices and clinics Mini - storage A A facilities Multifamily A A A A dwellings, including duplexes _ I Nursery, plant A A 8 of 68 Nursing and S convalescent care facilities (5.4.7) - -- Outdoor A A. A A A A recreation • facilities (active) Outdoor storage s A Package store C C A A (alcoholic beverage sales) _ Passive A A A A A A A recreation facilities Print shop (retail A A A service for personal or business use, such as photocopy, blueprint, laser print, and similar reproduction services, etc.) Commercial A • printer (offset press, newspaper, book binding) Professional C C A A A services Religious institutions • (5.4.11) Research A A facilities Retail facilities C A A A Schools A A A A A A Security A A. A A A A buildings /guard house _ - Shopping C A centers Single - family A A A. A dwellings Sit -down C C A A A restaurants Theaters A A A A Utility A A A A A A . A collection or distribution systems (cables, lines, pipes, pumping stations) Vehicle rental C S S facilities (5.4.4) Vehicle sales S 5 (5.4.4) 9of68 Vehicle service A A and repair Veterinary C A A clinics (indoor), and sales Warehousing A A (indoor storage) Warehousing S A (outdoor storage) Wholesale A A • facilities Woodworks A A (cabinet makers and similar woodworking) 2.3.2 Ou eor- Ste -Faagc A: -: - .. -st allow outdoor sto - .rev -i -fe fag€ -eu -side- thela zcipal build l wr Ttl =.a� such-storage-is- • , ' - '- esed-on all four sides, and he-s -- no s- toted- maatepiais or objeets - lietop-of,t e1 -ssing wall(s). P. • . .. - means-that mat -i-zd geee sf =sbcts are not,as-sembled, produce foc- eessed -other se used in-the-storage 2.3.2 Location of Facilities. Nothin• in this section shall .reclude necessar communi facilities from locatin• within an future land use designation when such activity satisfies established criteria of the Comprehensive Plan and the City's Land Development Code. 2.3.3 Accessory Residential Use in Industrial. Residential uses are limited to 40% of the square footage of the industrial use. No single family residential uses are allowed. Uses in this category shall not have access from local or residential streets. 2.3.4 For uses that are not listed, the Community Development Services Director may approve compatible uses at their direction. 2.4.0. Overlay districts. 2.4.1. Historic overlay district. The City of Longwood establishes a historic overlay district depicted on the FLUM. The purpose of the historic overlay district is to ensure that rehabilitation rather than demolition of historic structures is carried out, unless there are no economic or reasonable alternatives to demolition. The purpose of the historic overlay district is also to ensure that all public and private development and redevelopment within the district conforms to the adopted Longwood Historic District Code Book and Master Plan. 2.4.2. -(1 d* --adep . - • . .. . The Longwood Design Guidebook is hereby adopted by reference and incorporated herein. ARTICLE 11!. 10 of 68 DEVELOPMENT DESIGN STANDARDS 3.1. Gen ment design standards applicable to both. 3.1.1. Purpose. The purpose of this article is to provide develop public and private development activity within the City of Longwood. protection elo pent- design. Development design 1 shall d s e int avoid count the y All 3.1.2. Principles e development ri 1 i unnecessary es e design e uate access to lots and sites; and to ensure p and sealed by a of natural resources as prescribed in this q DC All development shall shall b engin eers s surface cover; to p url engineering plans submitted pursuant to the requirements of this article s eg registered professional civil engineer or aiQ t�et• • 3,2.0. Site design standards. • 3.2.1. Table of DillieflSional Standards. _-._ IINIIIIIII Maximum Maximum. Floor I I II ximu I IIei lit Rear (Feet) Area Ratio Floor Bu g F ront (Feet) Side m eet) Im ervious Feet) Residential Minimum Minimum p lot (Percent) Land Use Surface Ratio Categor3, Density er lot ercent (PLUM (Units /acre) NA fB District) e ( � I Low Density Min. 0.0 Max. Min. 25 (B all Residential `l. (LDR) Min. 25 I Medium Min 1I Density Max. 4-0 0 7 . Residential 75 75 1 13A , A R A BA BA Max. 10.0 �7 5 A MI Downtown_ Historic ID A Ne (D ighborhood Ma x. 7.0 A Co�meroial See Ta_._._ ble 3 2'1 BA Mix �3 80 CM Infil_ See Ta,_ Ule'•?• A - -- BA -50100 0 BA \bxedUSe. BA. �0 IMO I�IU �)A BA Industrial (IND) PSee Z_ - • �''A {$)A IAA NA (-AjA Public /Institutio 0 _ nal (P/I) NA Conservation 1 . 0 (CO ��- de- i}:�i- lets `�idt� ad- { � °4-a 1111.1111111.11111 5 16,-1-'oe -a�i� ° • . 11. of 68 t medium de -nsi I` ')aye ^^ ^ =f � efi- f�e� —I o r, no-str-u-e-t-u-re shall env - 1 -i e- any-ea-sera-eat- A. Setbacks and building height for nonresidential and mixed use development and redevelopment shall be as established by the Longwood Design Guidebook or the Historic District Code Book, if applicable. - B. There is no maximum building height in residential development, provided that new structures shall not exceed a total of the average building height of structures within the neighborhood plus 12 feet. (Maximum building height = average existing height 12 feet.) C. Parcels in the IND cate • or that are ad' acent to a . ro. ert in the Infill and Mixed -Use IMU category and are aggregated under the same ownership, may when reviewed as a planned development, utilize all applicable standards of the IMU land use for the entire project. D. Re-se-id The Community Development Services Director may reduce setback requirements for properties with a rear yard that is fully enclosed by a permitted opaque fence or wall for the placement of sheds, utility buildings, pool decks, screened porches, or similar accessory structures, as long as all other requirements including impervious surface requirements and landscape buffers are met. E. Corner lots shall have a setback on each road frontage equal to the required front setback. The Community Development Director may waive this requirement to maintain consistency with the existing neighborhood characteristics. F. A current survey, prepared by a surveyor, licensed in the State of Florida, should be submitted for all applications proposing construction, showing all setbacks (front, sides and rear); showing • all existing structures on the property, if any and proposed additions or structures, all being fully dimensioned. However, a scaled, proportioned, accurate representation of a survey may be accepted for minor residential construction projects (i.e., fences, sheds, or utility buildings, but not accessory dwelling units). G. Swimming pools, hot tubs, etc., shall maintain at least a seven -foot setback from the outer edge of the pool or pool deck (outermost part) to any side or rear propert y line, and shall not encroach into a required front yard setback, unless subject to 3.2.1 (D). • ::' . , • : • • • e-d-en the • :: - o - • _ _ . nds for applicatian- fei --a- -. . • -- . - e .'C • .. H. Densities and intensities for the Infill and Mixed -Use Category are established by the Comprehensive Plan, and are distributed pursuant to the City Density and Intensity Bonus Manual, as adopted by the City Commission. Densities and intensities for NCMU and MDR Cate_ or are limited to the amounts allowed b the Comprehensive Plan through either the Planned Development or Conditional Use Process. 12 of 68 3.2.3. Design standards for nonresidential and mixed use properties in the City of Longwood. D. Design standards. 1. The following -ate preferred materials shall be used as finish materials for buildings. • a. Concrete masonry with stucco. b. Wood, painted, natural, or stained. c. Brick. d. "Hardie- plank" or similar siding. e. Decorative block. f. Stone. g. Vinyl siding. The Community Development Services Director may, at his /her discretion, accept other appropriate finish materials consistent with the Longwood Design Guidebook or existing_ neighborhood characteristics. 2. Colors shall be soft, muted colors, chosen from the preferred color. palette. The adopted color palette for the City of Longwood is on file in the 'a.dm nis r ffi -eeeCommunity Development Services Department. a. - . • - - - --fe- 4 l-b-e- chose -n € - eri1 e -ri t e— availnble-pakttes„ and sl - neua- se -newe thanrtl •• . • ^o -et Corporate colors may replace the trim and /or accent pending a determination by the Community Development Services Director. Corporate colors may only be up to 20% of the total square footage of any one building facades.. Roof surfaces which are not shingled shall be compleimentary to the color selection for the building as determined by the city adlniniArator-Conrununity Development Services Director. Repainting of existing buildings shall comply with the requirements of this section. Awnings shall be_ the_ -tfim ae-ler fi-em- theetrim color selected for the building - set €ete - �� ROOFTOPS 13 of 68 6. Pedestrian areas, such as crosswalks, courtyards, drop -offs, or entry areas, should be identified or marked through the use of stone, brick, pavers, or stamped concrete. Internal pedestrian paths shall connect to existing city sidewalks, where applicable, in order to facilitate pedestrian access to the site. Where there are multiple buildings on a parcel, sidewalks or other appropriate pedestrian pathways shall connect the entry areas of all on -site buildings. Non - residential and mixed -use development adjacent to residential areas shall include pedestrian and bicycle connections. 9. Any fees- 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. Examples are illustrated below. Barbed wire, or plain wire mesh shall not be allowed on any nonresidential property in the city. Chain link fencing is allowed when fencing retention ponds or telecommunication towers and must use black vinyl chain link of no higher than eight feet. If chain link is used in this manner, it must be screened from view by landscaping or opaque fencing if adjacent to residential or mixed -use properties or visible from the street. Chain link is allowed only in the rearyard of industrial property when the chain link will directly abut another industrial or commercial property. 3.3.0. Subdivision design and layout. 3.3.1. Design standards. The layout and design of a subdivision, plat, or replat shall conform to the standards and criteria of this LDC and shall meet the following additional requirements. A. Blocks and lots. The lengths, widths and shapes of blocks shall be determined with regard to: 1. Provision of adequate building sites suitable to the special need of the type of use contemplated. 2. Lot area and dimension needs of the proposed use. 3. Needs for convenient access, circulation, control and safety of pedestrian and vehicular traffic. 4. Limitations and opportunities of topography. 5. The lot area, width, depth, shape, and orientation shall be adequate to accommodate the proposed use(s). 6. Corner lots for residential uses shall be larger than average for lots within the subdivision • in order to provide for front yard setbacks on all street frontages. Primary access on 14 of 68 corner lots shall be through the street with the lower functional classification. 7. Each lot within a subdivision shall have frontage on and access to an existing public street, except as provided in B.2. below. 8. Double frontage, triple frontage, and reverse frontage lots shall be avoided. 9. Side lot lines shall be substantially at right angles or radial to street lines. 10. No lot shall be divided by a city or county boundary line. 11-- --Nee v-ly; l d reni -lnt-s-sh l-n t-13a c- -d-ife t-ane-e s -- a-eell e-t:or or arteer al- rr 11. Flag lots may be allowable, but in no case shall flag lots account. for more than ten percent of the lots within a subdivision. 12. The finished grade of all lots at the slab location shall be a minimum of one foot above the crown of the adjacent street. 13. Lots shall not be platted so as to divide any pail of a stormwater retention. pond onto separate lots. For residential development, all parts of a retention pond, including slopes and berms, shall be constructed entirely within a dedicated tract. B. Rights -of -way and access. 1. The arrangement, character, extent, width, grade and location of all rights -of -way, streets, roads, alleys, or other uses of the rights -of -way shall conform. to the City of Longwood Comprehensive Plan and 4gn- an`1- est-rtie s'ht -3ovl . ua11Manual of Standards for Streets and Stormwaer established by t - ad...inistr-atefthe City Engineer. 2. Prior to issuance of a building permit, all parcels, lots, or new development shall have access to a dedicated public road or street, or to a private road or street which shall be developed, to city standards for a public road. + s u -l-de rrg to ei -.. +-a lord -- In an- 3. �� -1-t- lead- .- t�- s €�- �:,� � li��✓ade a c • y alp rs • ,. o ^c an: • . - of Gin -few - = . - • -- b°-- agile w e- d_ah€f_- -ether alternative is • ava able, n an effort to improve connectivity and improve access for police and fire, the use of Cul -de -sacs in new development is discouraged and shall only be allowed when no other alternative is available. 4. Street signs meeting city standards showing the names of all. intersecting streets shall be erected at each intersection by the developer at his expense. 15 of 68 5. Sidewalks and drivewa approaches shall be installed by the builder prior to issuance of a certificate of occupancy. All sidewalks and driveway approaches shall be of concrete construction and conform to the standards of the City of Longwood. 6. Any trees, plants or shrubs located within any public right -of -way are the property of the city, regardless of the cause for their location therein. • - • a-- sta- nda:Els -( -b-1 aer 7. Sidewalks shall conform to c = - • = ' - fii-a-nuedthe Manual of Standards for Streets and Stormwater and this Development Code for placement, location, and design. 8. The city may require the creation, use, and maintenance of common, joint -use driveways or other ingress /egress facilities to provide access to two or more lots, parcels, or developments. 9. No person shall erect, or cause to be erected, any building, shed, fence, formation of materials, or structure of any kind within any public right-of-way. Sheds that are not on a slab and fences may be allowable within easements; however, the risk of removal in the event such structures interfere with the easement shall be borne by the property owner. Mailboxes, conforming to U.S. Postal Service requirements shall be allowed in the right- of-way. 10. D eet c� ar c�s� to l oca l - s —tS hall ta ei e€, e - - , - earne-r-l-otsTfei�oT,unercia- l- er-industrial de-velepme13 Pedestrian and bicycle access are efiee ,-agedare required between residential areas and commercial, mixed -use, or other residential developments where these connections do not presently exist or are substandard. • . east; tial�ubd�rvisi6fl s shall b -elvs- . -- �aTl -s d- b z� E- fef)t -tAl k— • alh - which frcn er If the .. a - =d€ra ae lake -er-c servatien t Ee-s -e -side eer3 - . • e - : - r -a -yet r e-a. wall. 3.5.0. Buffer and landscape requirements. • 3.5.1. Generally. 3.5.2. Buffers required. 16 of 68 B. Table of required buffers. Graphic depictions of each buffer are provided following the table: Proposed Use LDR MDR DH CC—IMU/NCM 1ND P/I .CON (Category): _ U Existing Use (Type of Use): Single - family None B B C C B None and duplex residential Multifamily B A A C C A None residential _ Office or B A A A B A None personal service business Public or B A A A B None None institutional Retail and C B B None A B None general commercial Intense D C C A A C None commercial (corridor oriented) Industrial D D C A A C None Parks, None None None None None None None recreation, or oace _ B. Front perimeter landscape areas. A minimum of a ten -foot wide strip of land, located between the front property line and the vehicular use area (private parking lot) shall be landscaped on all new construction, except in permitted accessways. Width of sidewalks shall not be included within the ten -foot wide front setback perimeter landscape area. The required perimeter landscape area may be part of and included in any required buffer for the site. Within the corridor where special design standards apply (section 3.2.3), parking may be located in side or rear yards and buildings may have a zero front yard setback. In these situations, a front perimeter landscape area shall not be required. However, where the buildings are proposed to be setback from the property line, landscaping shall be provided between the building and the front property line. - . ": • -. -eien dish iCt —In add o —te4h iih c e landse- aapiii-g- i-e , e- : within the downto ist ict shall -be p1-anted with -a. mini:�3 per -. e • - - e - - - l-plant .-attic iuls. This percent coverage shall -n -t- i -tcl e -gr- anal- a-rear afking lots, or -e-ther irnfe -r• eus surfaces. Plant -rf1atei4a1 -s -m ll- dCsm -a1-1- trees, shr- u3`s,-c � , ettn-deevcr.), and arefts -f scuav5nral -EO-le er-bed ing 1a-nts- 17 of 68 C in . Parking lots for all new development an d all r ed d e e ot'e pment kmgis a. change lot s o an g chhange of use e or an expansion of �s based o Z a performance shall mauce standard as foll The landscaping for a parking to 10. Parkin. lots should be located to the side and rear of buildi11 5 hove the i l . Pr ierties with .arkina in front shall .rovide additional landsca_ m. landscape buffer. 3.5.5. Tree protection. standards. A. Applicability. Trees protected under this section are those with a trunk diameter of three inches DBI (diameter at breast height) or more. unit. A tree removal permit or prove�lte p n a ted all be the required for the e this B. Tree removal pe poisoning, o this is removal, replacement, or alteration of trees not otherwise exempted p cutting, hatracking, p or section. Alteration includes damaging, topping root pruning, grade change that can be expected to adversely affect the health cu of p trees and not require a vegetation. Ordinary maintenance such as seasonal prunr rg permit. C. Tree permit requirements. 1. ater Commun B i All tree removal permit applications shall be filed with the evelo ment Se rvices De art_ t, whether be according to the procedures in section not a site plan or other development p approval is required. Review and approval shall 10.1.4. 2. The following information depicted on a tree survey shall be subm mi ted with hi s Director: application unless otherwise waived b the Com m a. ion and identification of all trees (using either common or botanical name), Location designating trees to be retained, altered, removed, �lumps o to e d. cove Groups of trees in close proximity may be designated rees noted. Only those trees to be with the estimated number and type(s) removed, relocated, or replaced must be named on t d e e survey involved site or plan. The tree survey may show only that portion of affected by the tree removal. b. Location of all existing and proposed structures, improvements, or uses of the site. 18 of 68 c . Proposed changes, if any, in site elevations, grades and major contours. d. Location of existing or proposed utilities. e. Location of irrigation system, or drawing notes to indicate method of maintenance. lan, 3. If any approvals have previously r evider �e of� ucleapproval shall be p�ovided. development order, valiance, or plat, 4. The applicant shall flag all trees to remain on not da Wage the tree. I1eld sufcient to allow verii�ication of the tree survey and in such a manner that does • 5. A copy of the tree removal permit shall be posted on site during construction and tree • removal activities. • D. Criteria for approval of tree permits. n 1. Approval for tree removal shall only be granted on ree v loped or a lot rest arts the application for development approval where such otherwise allowable use of the property. feres with the safe 2. The tree is diseased, injured, .endangers zrnorrmotorists,The city may provision of utility services, or creates a haa d to visibility provide a list of a arborists, foresters, landscape t hi the to Sher related prof ssion.als to ascertain the health of trees. In this case or relocation of trees is required as described:- ap}pro- ei t -m ` l e- I 3. 'Replacement dui. a he e-f 3 . t �� a e Site development plans will b equ e rired to show all removed and re Dlaced trees. the it is not er feasible to shall makea� c tion num_ her of trees on a developed she to the number of trees that could not be t placed (at 3 it1ches I7BH pert 1 i _ht e nEhe -sti e�i�c�f —t1�e -pla. off -site tree mitigation fund. ;t�n��,_r- lyd s shall- c --ems ei -gr t ' fai-no ed i s b. Replacement trees shall be a size three inches shallrconform ant materials' used in conformance with the provis ions of this Standard for Florida No. 1 or better as given in Grades and Standards for Nursery Plants, State of Florida, Department of Agriculture and Consumer Services, Tallahassee. c. Fees collected in lieu of replacement shall be placed in an off site tree mitigation account. The fees shall be establishe d by the 19 of 68 d. Trees removed illegally without a permit are subject to a three -to -one replacement, i.e. tree inches replacement for each one inch removed. The established fee schedule would apply to this requirement if replacement is not feasible. e. Any retained or relocated tree shall be replaced if the tree dies within one year after final approval. f. Replacement trees shall be of a similar or greater canopy and shade potential as the tree being replaced. 4. In considering the application for tree permit and a plan for relocation or replacement of removed trees, the OEdministr -at Community Development Services Director may allow a tell percent reduction in the otherwise required replacement trees (calculated in inches of • diameter), based on the following criteria: a. Number, species and size of other trees and vegetation on site. Number, species, size, location and canopy of existing trees. b. Impact on stormwater runoff quantity and quality. c. Character of the site and its environs. d. Characteristics and amount of shrubs, grass, trees, or other vegetation proposed for the site. G. Exemptions. 1. Emergency removal due to storm damage as well as removal by the city from the right- . of -way shall not require a permit. - __d aged tree -- need 'o _ . e cit -at-the t-ime of a trees reffie-val-pet-m-i appy t en- 2. Single - family dwellings are exempt from the tree protection requirements of this section and are not required to obtain a tree removal permit_ -p 0- '= '414i g is o ,vne - ee • K. Planting requirements. 1. Tree species with a height greater than 20 feet at maturity shall not be planted within a utility easement when power lines lie directly overhead. 20 of 68 • • I No tree shall be planted within ten feet of a fire ohydrant o ut feey of an in e �� 1- 5- r section iiz Flr�e��� �c�n; within 20 feet of a traffic sign, • to ensure adequate visibility. Should this limit the Director may order m - - Commtiul trees on the proper': the city ax may adjust these specifications. ... 1!9[obiii and >t'a� °Pin >� uili em��ts 3 °6.®° �"i — I A. Applicabrhty. All new development and redevelopment shall p s v lords are mod fied o ding 1us •- s ,.- moUili� elements as .rovided by this section, unless such to section 3.6.4. B. Generally. Minimum to the parking parking spaces to be located in off - street parking lots sh b calcu e eon i according to the table of parking space requirements in section ed arking result in a fraction, it shall be rounded up to the nearest whole number. 2. Minimum • requlr p the most zl re q uired parking spaces for uses not specifically characteristics shall be as specifically similarity in similar use listed, considering trip generation and intensity type of activity. 3 T it he nnnun v Develo �ment Services Director ma increase or td Ce l t • r e.ui r ed j nc in hat based d on •arkn6 "C anal sis rovided U the a �licant. The a th_e o v'Aabl arkina will not have adverse affects and shall provid m e ulti modal clial? e �na _ trans )ortation alternatives where a licaUle. • B. Table of Parking Space Requirements for Nonresidentia Uses. Type of Activity Number of Spaces Assembly facilities (any 1 per - 4 occupants' plus ox facility with an auditorium, 1/2-5-0-500 s office, �bo k office, sanctuary, or other such a . assembly and fathering place whether fixed seats or o en area) I Banks and similar financial (SF) of g gross Osqu ble area e institutions GLA I General commercial, retail, 11 -350 SF GLA and convenience store uses 21 of 68 • Day care centers 1 /500 SF Day cart ccnterss, per classroo -pros 1/250 Pprivate scheels --(-1{ -8)— SF of office find similar- €aeilities Gasoline stations, service 3 per service bay plus stations, and vehicle repair 1/250 -500 SF of office facilities (without convenience store) Group lodging facilities, 1 for each 2 sleeping such as rooming houses, spaces plus 1 per boardinghouses, residential employee** on the largest care homes, or dormitories shift plus 5 visitor spaces Ilospitals 1 per every 2 beds plus 1/240 -500 SF of office area • Manufacturing and similar 1 per 750 500 square feet industrial uses of manufacturing area plus - - 1-pei 0240 -- square feet of offi =ara Medical, dental, optical, 1 per 4200 square feet of veterinary clinics and total floor area offices Mini - storage facilities 1/500 230 square feet of (storage only -- no retail or office or employee work wholesale selling) -- any area plus one adjacent to allowable vehicle storage each unit plus 1 visitor- shall not occur in space -p • ! ::b designated parking areas Nursing homes, assisted 1 per employee plus 1 per care facilities and similar each 4 beds uses Offices 1/230 -350 square feet GLA Personal service facilities 1 per employee + 1/250 square feet GLA Private schools (IC - -8). and 1 per classroom plus 1 /500 similar facilities SF of office All public schools; private Per state standards high schools shall meet the same standard as public high schools Recreation and amusement 1 space per 3-5 occupants facilities plus 1/250 -500 square feet of office area Restaurants, lounges, bars, 1 space per 3 seats taverns, and similar facilities Warehousing 1 /1,000 square feet GLA - 1/250 square fect c area • Where parking ratios are based on seating, the number of seats to be used in the calculation shall be based on the occupancy rating of the fire department. • Where parking ratios are based on number of employees, the maximum potential number of employees shall be used. • 22 of 68 C. Parking lot design. 1. Each parking lot shall meet design. requirements of the City of Longwood in order to provide appropriate access to a public street, maneuvering, and access aisles. 2. All parking lots shall provide landscaping as required in section 3.5.3. 3. Aisles and circulation areas shall be paved; however, up to 50 pe-r- Bent -ef-he-parking spaces may remain unpaved subject to approval by the administratorCommunitv Development Services Director. For larking lots with efe- t-Iia-n -1-8-0- spaces, the fart tief= ef- sp- aees -s -hall be— .. - . -d ais- h- a-ltern -ad-ve permeable- srtrfaee maeii-al--appie -i the administrator. Driveways and aisles shall be fully paved, and whenever a parking lot abuts a paved street, the driveway leading from such street to such parking lot shall be paved. In unpaved parking areas, parking spaces shall be demarcated by wheel stops or other similar devices. • church- of -ethei dail • -b - y-be a11owed--:e--lcava1-1 park; -n - , -- dither than t-ho- sc- spaces ne eded-e-n . o.' - Z. • -uch as office sta4 - tzaah , - - • 1 - , e - •. • :: - - . v . a ' . i ishi; � ai e- ark -ei- aII paving re quirem nts sh . , - , e- and -t c admi st a-te-r -s-hal l find - t-he -gae1 e - paving -^ - :u@ -ce-e esien -need iii -e ---� ce-'- quality, or ether sign i&a, de gradation of the at=aral-et hu It-ei i . In ne case, hemmer- sh- il4he- anpaved par -king ar- . c - .. - • - tun: --t tr rifer, „ . pa;e a-rea or-retentiori -area. Retention are-a-require hal- -be eale-ul-atz- based-sf the • assuxn -p ieu-t1 a -- the - parking -arcs. i -s-te-1b . +. • Tvation -off an area4e- a^c- c- e- mniudat -ee ete�-ntion ii - - ..: ing. • 4. All parking areas shall be used. for parking only, with no vehicle sales or other sales activity, storage, nonemergency repairs, or other similar sales, storage, or service uses conducted in designated parking areas. Seasonal sales, such as Christmas trees, and other approved uses may be allowable, subject to obtaining a temporary use permit. 5. A church or other similar institutional use without dail arkina needs ma be allowed to leave all parking spaces unpaved, other than those spaces needed on a daily basis (such as office staff, teachers, custodial staff, or other daily employees). The applicant wishing to waive any or all paving requirements shall supply a parking analysis. The design of the unpaved spaces shall not have a detrimental effect due to erosion, reduced air or water duality, or other significant degradation of the natural or built environment. In no case, however, shall the unpaved parking area be calculated as a minimum required buffer, open space area or retention area. 6.5- Parking lot design shall conform to the dimensions described in the following tables. Painted lines, curbs, or other means to indicate individual spaces shall delineate all parking. PARKING SPACE DIMENSIONS Minimum Width (Feet) of Total Length (Feet) of Total Length (Feet) with Total Length (Feet) With _ Parking Stall Parking Stall Wheel Stop Curb Standard bay dimension 9 20 18 18 _ 23 of 68 Handicapped bay 12 20 20 20 dimension PARKING SPACE ANGLE Dimension (Feet) 45 Degrees 60 Degrees 90 Degrees Parallel Parking space minimum 9 9 9 9 width Parking space minimum 20 20 20 24 length Parking space minimum 18 18 18 24 length with curb or wheel stop Driveway aisle width 14 16 18 12 One -way access aisle width 14 14 14 17 Two -way access aisle 22 22 24 20 width 7.-6, Traffic control signs and other pavement markings shall be used as necessary to ensure safe and efficient traffic operate of the site. All traffic control signs and other pavement markings shall be installed at the applicant's expense. All required signs and markings shall be shown on all applicable development plans. All traffic control pavement markings to be thermo- plastic type paint. 8. Each parking stall shall be accessible from an aisle or driveway and designed so that no . automobile shall back into a public street or public right -of -way, except for officially designated alleys or designated City or neighborhood parking areas, in order to exit a parking stall. Each parking lot and stall shall be designed to avoid conflict between pedestrian and vehicular movements, and shall be designed to avoid conflict with ingress or egress from the site. 9..8 -: No door or pedestrian entrance at ground level shall open directly upon a driveway or access aisle unless the doorway or pedestrian entrance is at least three feet or more from the driveway or access aisle and unless appropriate improvements are provided to allow for safe pedestrian access to the door. 10.9 All required spaces shall be used for automobile parking only, with no motor vehicle sales or any other sales activity, dead storage, nonemergency repair work, dismantling or servicing of any kind. 11.4-0 All parking areas shall have a system of lighting to provide adequate illumination for the entire parking area. Such lighting shall be directed away from adjacent properties and public streets. The lighting plan shall contain a statement that the lighting conforms to the Illuminating Engineering Society of North America (IESNA) recommendations and shall be based on the proposed activity level of the site. Photometrics shall be certified by an engineer or architect licensed in the State of Florida and qualified to attest to the adequacy of site lighting. A table listing the IESNA recommendations for the site shall be included on the photometric sheet. The Communit Development Services director may waive this requirement for existing facilities or minor amendments to existing 24 of 68 • develo mart at their discretion. I rovided for 411 parking areas and shall be approved by the I l2. i-}- Adequate drainage shall be provided city engineer. shall have lines between spaces to indic a appropriate ia talcs, and I 13.,2 each parking spaces ui each stall may be required to be equipped with wheel stops de city. a. heel stops for stalls adjacent to,landscaped strips sh a l l be required landscaped 1/2 feet froo p m. the front end of the stall to p revent encro area. 1 s for stalls not adjacent to landscaped strips shall be located 3 1/2 feet b. Wheel stn p from the front end of the stall. ed- b3��— b5, --e-f p °lc -e:- 14-.4-3- All traffic control pavement f arkndards for Str be and consistent with the Manual vewa s are required where feasible. For re_ Cletl°p Flo- ernes the si te 15. Cross- access drr - -- — e designed so that a cross-access iaisle ma be created when the nei•hborin� must P n � i o ernes redevelot�s th_ —e slf i I B. Bicycle parking. \ , , 'n shall be rovided b all educational facilities me well mixedtiuse, and vocational 1 Bicycle >tl business or technical schools) multi_ le S s h dwes i �ient services institutional and industrial uses. facilities shall be installed o alto resist theft and dam by rust corrosion or vandalism. The Communit Director ma waive re•uirements of this section when alternative ade uate facilities are p_rov_ ided_ ) a facilities. Bic cle arki — are °ln rised of Cla c s s cle sha Class es and sizeslarid facilities. Facilities shall accommodate a range allow easy lockin• without interferin• with adjacent bic rtes. 1 Class I. Bic cle locket s are Qen erall rectam,ular enclosures each holdinn one or two bia cles. 2 Cl -- ass Bic cle arldri racks which allow reel re be locked, r corn on � of the bis back wheel frame and front removal of t he front wl_ n =— C lass III. Stands and racks such as hitchin 1 t sts, rails r tsd i nverted U" - rack n?rn� s. Co _ I o_ cities i n a class lI f ar bic cle with or without the front wheel removed, its attractiveness a_ rid-- - 25 of 68 • 1 • • post or pipe dimensions which allow the use of the popular U- locks. Class III facilities are recommended for short -term parking, although, in combination with shelter, they may be adequate for long -term storage. b. Number of spaces. (1) A minimum of one bicycle parking space shall be provided for every ten re • uired vehicular s •aces or two s •aces for each •ublic and em lo ee entrance, whichever is greater. The development review committee may require additional spaces for educational facilities, libraries and • recreational facilities. (2) For multiple- family dwellings, a minimum of 25 percent of the required spaces shall be Class I bicycle lockers or sheltered Class II or III facilities to provide for long terrn storage. (3) For nonresidential developments requiring .30 or more spaces, a minimum of 25 percent of the required spaces shall be Class I bicycle • lockers or sheltered Class II or III facilities. (4) New retail, office, institutional and industrial buildings of more than 50,000 square feet in area shall provide employee showers, lockers and changing areas to facilitate bicycle and pedestrian commuting. Buildings with a single shower shall have a secure unisex facility. Buildings with multiple showers shall have gender specific facilities. (c) Location offacilities. All bicycle parking facilities shall be located to provide for convenient bicycle parking which shall be separated from automobile parking by a physical barrier or by a minimum of five feet. Bicycle parkin• facilities shall be located on the same lot or parcel of land as the use for which such facilities are required and as close to the public and employee entrances as possible without interfering with the flow of pedestrian and vehicular traffic. For nonresidential developments, any sheltered spaces required shall be connected to the building where possible without interfering with the flow of pedestrian and vehicular traffic. (d) Surfacing. The minimum parking area shall be provided with a hard - surface, all- weather pavement of asphalt or concrete, and shall be so graded and drained as to provide for the adequate runoff and disposal of surface water. Supplemental parking maybe on alternative surfaces. (e) Access to facilities. Convenient access to bicycle parking facilities shall be provided and shall minimize travel distances from adjoining sidewalks and pathways to the bicycle parking facilities. Where access is via a sidewalk or pathway, curb ramps shall be installed as appropriate. • 26 of 68 3. Bi ye e p r 1 afl be p 4d 1 uL-li� �d pi e-a-eademi-- sehee1s and at- e� ant- and-recreat' aeeeraing to t?�e- fe11owit�s -t�a b a r enta:y- o- r- ea4ddle Schools: 5.0 bi- eyle- sp -aees per alltomob - s 1 �a b. High a:.: A automobile—spare, - .. - er auto.- ebi.le spa e , : :rns, skatin_ risks, ten-ni e-s he : a. o • - ateetbal� -eurt er - :vols: 0.25 bicyelc-- spa- ees-pe utei . 2. B —ie e-ra ces-er e ei aterage- facilities shell be p-revv3 fe- -1 -ews: a. sh- a•1 b-e -- designed to al . • . , e-he-s uz;--d- ag-i-n t the-f- c. a-e - iitics she . • - *. • - .-a-s- - . • - . • ^ .c instal -sL3. as -to re°Ist-e rn'iage- by- ra-st, C81 -0 &-1en, or vandalism, d. Facilities-shall ace/ammo-Elate a i-an-ge-e-f-hieyel-e-sl3- apes-arn ai l al�� tasy- leel<1 �b �viti e in- er adjeeent bicycles. c. ; ilitics shat 1- be-l-eeaied -se-as-n-&t4.ee -i tcrf -ere with pedestrian or ehieurl -a-i mcVcnient. 3.6.2. Loading space requirements. A. Table of Loading Space Requirements. Type of Activity Floor Area Number of Spaces All retail activities, except First 4-020,000 SF (or 14 automotive fraction thereof) Automotive uses (new and Up to 15,000 square feet 1 used vehicle sales, 1 5,000 -- 40,000 square 2 including cars, trucks, feet boats, RVs, and the like) Each additional 10,000 1 square feet (or fraction thereof) Recreation facilities, Sane as automotive Same as automotive amusements, attractions Office uses Up to 20,000 square feet 1 20,000 -- 100,000 square 2 feet 3 Over 100,000 square feet 27 of 68 Multifamily (5 or more Same as office uses Same as office uses units), hotels, motels, and • other similar lodging facilities Same as for office uses Hospitals, nursing homes, Same as for office uses long-term care facilities I Manufacturing stralfacilities and industrial Up to 15,000 square feet 1 15,000 -- 40,000 square feet 2 40,000 -- 65,000 sq uare feet 3 1 additional space Each additional 80,000 square feet ace calculations for buildings with multiple uses shall be calculated applying the B. Load1 n g s p standard resulting in the largest number of spaces. C. Loading space design shall conform to City of Longwood engineering design and construction standards (public works manual). 3.6.3. Handicapped access. Each new development or redevelopment shall provide off - street parking spaces as required by state law. 3.6.4. Shared Parkif�g_Reduction eft =k n$ l egt-t" -n " z: -s. I A. Parking space q Q ace re uirements may be reduced or waived up t °—by the a.: - • - '• °r tenant - Community Develo_ meat Services Director based o more l dj or adjo n e p ng uses. The establishment, sho ing center, or joint use ort a equest reduction or prroopeper rty owner pp o wner shall provide the following information to supp waiver of otherwise required parking. . ng areas of the or more paved driveway connections between the pa ee of the building and 1. There is one o p developments involved. The e trian connect on be een the sa and the uses provide an pas and safe _ ed _ .: _ J . - . -• . ��;`�{�i -��ru serve ."`�� fi�,;= e.F- l�t�"(- s� -a33� - eak) parking demand of the respective developments do not 2. The hours of maximum . (P normally overlap. 3. A cross - access and cross - parking agreement, in rep rd bed. Said c cepment sl the city, shall be executed by the owners of developments approved b guarantee the joint use of a specified number of parking spaces and shall be app l ' by the administrator. 4. The development is a multi- tenant or mixed -use develol�ment•she iter \ • • • 28 of 68 • 3.7.0. Standards for derive -up facilities. E. Stacking lanes shall conform to city standards for design and construction (public i:sa-- alManual of Standards for Streets and Stormwater) and must provide for vehicles to leave the queue if necessary. 3.10.0. Stormwater management. • C. Requirements. In addition to meeting requirements for retention or detention, all facilities shall have a perimeter planting area between the property line and the top of the slope of the retention pond. The planting area, if grassed, shall be of sufficient width to accommodate mowing equipment. Excavation to the property line shall be prohibited. 1. Detention/retention facilities located within the Cit or Count ri • ht -of -wa shall not be located at intersections. 2. Detention /retention shall not be Located along transportation corridors unless designed as an amenity that does not interfere with optimal bicycle /pedestrian access. 3. Retention/detention basins shall be of irregular shape and shall have no parallel sides, when visible from public right - of-way or lands. The City Engineer may approve other designs when determined that no other design options exist, in which case additional landscaping and barriers may be required. 4. Retention ponds that are placed in the front yard should have a landscape barrier rather than fencing. 3.11.0 Mobility Design A. All new development and redevelopment must include provisions for transit and pedestrian/bicycle mobility including bike lames, minimum sidewalk widths, safe crosswalks, pedestrian scale lighting and other bike and pedestrian friendly features, and access to adjoining properties. B. Applicants of development or redevelopment exceeding 20,000 square feet gross floor area shall coordinate with LYNX regarding transit facilities necessary to serve that development. The developer /property owner shall install any improvements requested by LYNX unless otherwise waived by the City Commission. 29 of 68 • • AR TICLE V. • SUPPLEMENTAL STANDARDS 5.3.0. Accessory structures. 5.3.1. Sw iin .m ing pools. � east -z3-s� , �. �� t-1 -e{rt ae--r • A - ` .: , - .: ., #��- 11-t�a - --nest .. - :. - • - -e--r-re :r -isrop p - , • 4. �: n� 8-3:: .Where the swimming pool, hot tub, etc. is not located within a screen or other enclosure, i ° ' v d a fence shall be required, consistent with the Florida Buildin_ Code. _ _� � ipped=z l� amt ols hot tubs, and similar uses shall not be located in public easements or rights- la�3-ir�ggut�: Po ' of -way. B. An enclosure of a swimming pool, hot tub, or similar use, whether fog ta c e o or detaihed inn the fro principal building, shall meet back shall not less au seven f which it is located. The rear se C. Swimming pools in operation within the City of Longwood shall be maintained in good working • order at all times. This includes, but is not limited to rntain g an Lo he pool to prev erational to t circulate the water and proper maintenance of chemical levels D. accumulation of algae and debris. Refer to swimmint cool setbacks in 3.2.1 F of this Land Develo men e• 5.3.3. Fences. calls shall be constructed in a safe sturd manner. Horizontal the and vertical esi ned such A. Fences and .:� osts shall be •laced fa d with alte n ve -tical fence sue arts•'= . ,r. ' - that both sides are finished -sue _, • -I. ' �r ��- af-w - a • ' ` °' � r a �+ hat - light --e , a r-8 ae - and B. No fences or other structures will be allowed in easements dedicated for public purposes maintained by the city without written serrnission from the Cit or a _ roprrate amen • 30 of 68 • C. Fences may be placed. in private utility easements, provided the owner /contractor signs a hold harmless agreement with the City of Longwood. The length of fence located within the easement shall be minimized by placing fence along the edge of the easement where possible. D. On residential properties, fences may be located in any front, side, or rear yard. Fences shall not exceed 42 inches in height when placed in a front yard. Fences shall not exceed eight feet in height in any side or rear yard. Where the elevation of the lot results in a eight -foot fence being lower than the fence heights on other lots along the extended property lines, then the fence height may be increased for consistency. E. On nonresidential properties, walls and fences may not exceed eight feet in any yard. F. Chaim link fences shall not be permitted in or around front yards. G. Allowable fence materials shall include aluminum, treated wood, masonry, wrought iron, ehain link- and vinyl. Chain link fencing is allowed when fencing retention ponds or telecommunication towers and must use black vinyl chain link of no higher than eight feet. If chain link is used in this manner, it must be screened from view by landscaping or opa fencing if adjacent to residential or mixed -use properties or visible from the street. Chain link is allowed only in the rear yard of industrial property when the chain link will directly abut another industrial property. 1-I. Fences shall not obstruct visibility as required in section 3.8.0. I. Fences and walls on nonresidential property shall not obstruct any utility easement from being accessed by the City of Longwood. J. Building permits shall be required for all fence installation. Building permit shall not be required to complete a minor repair of an existing fence. For the purpose of this section the term "minor" shall mean the replacement of no more than 20 percent of the existing fence. Apermit will be required if any portion of the fence is moved to a new location. K. Any fence or wall required for the purpose of screening equipment, vehicle or storage by the city codes shall be a minimum of six feet in height. L. Temporary fences are prohibited; except those temporary fences constructed of materials of professional grade used to protect construction and excavation sites or to protect plants during grading and construction and such, are allowed for the duration of an active building permit for the fenced site. Temporary fences will require a fence permit. M.&. Fence placement standards for Danbury Ivfill, the Landings, and Coventry. 31 of 68 5.4.0. Supplemental standards for specified land use activities. 5.4.4. Vehicle sales or rental facilities. M. In addition to the ker - }Tr ill and Mixed -Use parking h building requirements of DC section ction 3.6.1 B, vehicle sales or rental facilities under two acres in size square fe P r of vehicles that may be on et must rovide one additional parking space for every three e vehicles for sale or rent. This calculation shall be determined based on the tnaxm�u site e for sale or rent at any one time. Fractions of the three car ratio shall be rounded up. 5.4.12. Outdoor storage a e and warehousing (outdoors). Outdoor storage des be al l areas eas in acco era ', as an accessoi to commercial industrial and mixed -use land u with the city -Cis Codes and the following conditions: e may be permitted in the rear yard, directly behind and a jacent to t the i ties and gi I A. Outdoor storage P or commercial building, providing that proper screening is provided that the outdoor storage yard area size is no larger than 30 percent exceed o h f t total lddingn q the The allowable percentage of outdoor storage area shall not and area is individual unit utilizing the outdoor storage area. Accumulation of adjacent storage y strictly prohibited. B. was Outdoor storage areas shall be screened from adjacent rs shall residential o historicuse buffer one my es by a wall. Outdoor storage areas adjacent to other land use is re uired in section 3.5.2, buffers required, (i.e., if bufferyard A is identified, then a higher than q bufferyard B would be required for outdoor storage). 1 5.6.0. Telecommunications towers. 5.6.4. Location and permitted uses. , 1 and • A. Telecommunications towers shall be a potentially permitted use on gicG I Mixed -Use and industrial properties within the city. 5.6.6. Performance standards 32 of 68 • • I-L Fencing. 1 A 7 4-i l e �l c haff, k ende-fence consistent with finished t his e 11 be to stallod de. or masonry wall not less than eight feet in height from. grade � applicant around each telecommunications tower site. T-e—$ 5tihet-f-efie -ig- Fencing �t material to prevent unauthorized access to the tower, not to exceed two o feet in height, shall be installed along the top of the fence or wall, but shall . not be included when calculating the height of the fence or wall. ARTICLE VI. SIGN REGULATIONS • 6.2.0. Prohibited signs. V. "A- frame" (sandwich board) or sidewalk type signs when visible from a aublicstreet. 641.0. Permitted permanent on -site signs. 6.4.3. Permitted signs in land use districts. • • . S. inn . are allowed, as B. Commercial and industrial Land Use Districts: GC, ' • ' follows in M 1\4- NCB' and IND land use districts with an approved sign permit where required: at a 1. Permitted building signs and one monument s gn per parce builcalcufioedta s total of one square foot in sign area for each linear foot of allowed up to a maximum of 100 square feet. • 2 One changeable copy sign or electronic n structure b_ uild rt not included as part of feet may be included on the primary sign portable the overall allowable signage square feet. When this sign has been allowed, p • signs shall be prohibited on the site. 33 of 68 6.4.4. Specially regulated signs. D. Directional signs. 2. Off -site directional signs. All off-site directional signs shall require a permit and shall be subject to the following guidelines and requirements: a. Off -site directional signs may be permitted in the G:IMU, IND, and mixed use land use districts. E. Flags. Flags are allowed to show nation, state, and /or organization patronage. A flag shall not include any device used for advertising that falls under the definition of banner or pennant. No more than four flags will be allowed on any one general commciazlnfill and Mixed -Use or industrial property. The number of flags shall not be restricted on residential properties. Flags shall not be longer than one -third the total height of the flag pole. On gener corme- reiallnfill and Mixed -Use and industrial property, flag poles shall be no taller than 35 feet measured from grade of the land at the base of the pole to the top of the pole. On residential property flag poles shall be no taller than 20 feet. 63.0.Off-site signs. 6.5.1. Generally. A. Where allowed. Off -site signs are allowed in ge €3 l--c- mer- eia1Infill and Mixed -Use and industrial as designated on the future land use map of the City of Longwood. Off-site signs are prohibited in the historic land use district of the City of Longwood. 6.6.0. Temporary signs. 6.6.1. Generally. A. Permitting. 3. A temporary sign permit may be granted for any period deemed reasonable for a parcel not to exceed 30 days, with a minimum of 90 days between permits. If there are multiple 34 of 68 businesses on a parcel, the full 90 days shall elapse before another business on the same parcel may receive a temporary sign permit, unless the additional temporary sign permits are associated with a Temporary Use Permit, permitted Development Sign, permitted Grand Opening signage, or permitted New Business signage as otherwise allowed by this Land Development Code. 45. Temporar simn permits associated with Temporary Use Permit, Development Sign, Grand Opening sign e, or New Business signage shall run concurrent to other temporary sign requirements, so long as there are no more than two temporary signs allowed on any parcel at any one time. . • 6.6.2. General design and location standards. • A. Minimum separation. The minimum distance between signs shall be 200 feet from other temporary signs on the same side of the street. However, a- taus -ii . 7 occupation -a-1 license for -r -ev hasi- s -n the city an approved temporary sign permit for New Business, Grand Opening, or Development Signs, shall not be subject to this separation requirement. 6.6.3. Specific types of temporary signs. F. Real estate signs. 1. One real estate sign is allowed on the property being sold leased, or rented, not to exceed the following square footage per parcel: LDR land use district: four square feet; MDR land use district: four square feet; G€ Mixed -Use, and 1ND land use district: 32 square feet. H. Portable (trailer) signs. 7. All portable signs shall be limited to FIMU and IND land use districts in accordance with this Code, unless approved by the city administrator. 35 of 68 • ARTICLE VII. CONCURRENCY MANAGEMENT SYSTEM M 7.1.0. General provisions. 7.1.6. Planned Develo 3ments. The Ci Commission ma waive re. u.irements in this section related to transportation concurrenc throu • h the Planned Develo ment )rocess until such time as the City implements a state - required mobili strafe_ . Trans.ortation concurrenc re.uirements ma be waived u on sufficient evidence that transportation impacts will be mitigated and multimodal strate• ies have been inte•rated. 7.4.2. Trafc analysis. Prior the adoption of the City's mobility strategy as required by F.S. 163.3180, new develo ment that will have an im act on an trans ortation s stems within the Cit shall be re uired to provide an anal sis of those im acts along with a strate• to minimize impacts includin , but not limited to developer- funded bike, pedestrian, and transit improvements on and off -site. Improvements are to be made prior to the issuance of a Certificate of Occupancy or Final Inspection unless an alternative timeframe is approved by the City Commission. The threshold for transportation system impact shall be established in the Longwood Develo ment Code. The traffic anal sis shall include the following unless exem_ ted b the Communit Development Services Director:The- traffic analysis shall nett e- ARTICLE IX. HARDSHIP RELIEF 9.2.0. Variances. • 9.2.1. Generally. A. Granted by board of adjustment. The board of adjustment may grant a variance from the strict application of any provision of this code, except provisions in arti- e- le— Article II (1 Land useUse) and aftiele- Article VII (eencu- rren.cy Concurrency . - - - - Management), Article IX (Hardship Relief), and Article X (Administration) if the following procedures are followed and findings made. B. Procedure. The procedures established in article Article X of this code for review of applicatio 36 of 68 • • for variances shall be followed. 9.2.2. Limitations on granting variances. D. Self-imposed hardships. Any structure that is placed improperly on the property without a permit is not eligible to app for a variance. E. Historic District Variances. In the event ofa variance request to any of the regulations defined in the Longwood Historic District Code Book for either contributing or supporting structures, the city commission shall hold a hearing on the matter pursuant to the procedures in section 10.13.0 of this article. F. Expiration. A granted variance shall expire one year after the date of the Board of Adjustment or City Commission decision, unless such variance is included as part of a site plan or construction permit that is approved during this one year period. 9.2.4. Administratively approved variances. A. Aplicability. Specified site design requirements may be modified by the Community Development Services Director sub'ect to the criteria in this section 10.2.5. Onl the followin • pecified site design requirements may be modified by administrative variance: 1. Front perimeter landscape area (3.5.3.B.). 2. Tree count in front perimeter landscape area (3.5.3.B.1.). 3. Shading of vehicular use area (3.5.3.C.). 4. Parking ratio (3.6.1.A. and B.). 5. Setbacks (dimensional standard) (3.2.1). 6. Impervious Surface Ratio (3.2.1). B. Eligibility. Proposed projects where an administrative variance is requested shall meet at least one of the following criteria: 1. The situation giving rise to the need for variance is preexisting and was created by the original plat or by the street location; the existence of the situation creates practical difficulties for development. 2. There are existing historic or century trees that will be damaged or destroyed in order to 37 of 68 • meet the site design criteria. istin uni h sical characteristics of the develo em site that create 3 There are pr eex -� � Tactical difficulties for develo•ment. a The variance will better enable the site to accommodate multimodal facilities. C Variances. 1. Variances ma be • ranted to dimension area and im • ervious surface ratio re uirernen ss to reduce the standard b not more than twent ilercent. arkul re uirement by a to 2. Variances ma be .ranted to the arkina ratio to reduce th e twenty ercent• D. Procedui e• lanation should identi the reeuiremen� rnm 1. proeosed variances must be clearl identified on the site plan and listed in an accom • an ina ex •lanation. The written ex he LDC the 'ustification for the variance and the amount of variance re uc� ste t •rovin: the site elan the Communit Develo_ went Services Director shall 2. In as s ecificall note the variances that are 'rante . 9,2,49.2.5.. Hardship—Eininent domain takings. B. Definitions. • irector" shall mean and refer to the City of Longwood Director of. Community ii. Dn Development Services or his /her designee. ARTICLE X. ADMINISTRATIO 10.0.2. Definitions. A. Development activity. Any of the following activities: 38 of 68 7. Changing the use of a site se- t-h-at the riec --d '- ac-r in a manner that affects required parking C. Department. Theo ° . - -s com.munit3-s- ervicesComnnmity Development Services Department or person designated by the direct- ei- e{ -t-h. pa i t Co3nmunity Development Services Director. D. Land Local (Land) _planning agency (LPA). The City of Longwood Land- -Local (Land) Planning Agency. • G. Development review committee. There is hereby established a Development Review Committee (DRC). 1. Membership. Membership of the DRC shall include the following, or their designated • representative: a. Director of the Community Development Services Department, who shall act as chair b. Police Chief c. Fire Chief or Fire Marshal d. Building Official e. City Engineer f. Additional members who may be appointed by the Community Development Services Department Director on an as- needed basis 2. Other county, local, state or federal agencies may be consulted by the DRC for advice or recommendations on any matter or application being considered by the DR.C. 3. Duties and responsibilities. The duties and responsibilities of the DRC shall include: a. Review and provide recommendations on major and minor site plan applications, conditional use permits, planned developments and other items, as determined by_ the Communit Develo•mentServices Director b. Determining areas of noncompliance with City development requirements contained as part of an application c. Define steps necessary to bring applications into compliance with City development requirements. d. Consider waivers from the LDC aloe with conditions to be _placed on development to mitigate potential impacts • 39 of 68 10.0.3. Withdrawal final public hearing of applications. An application for any action under this article may be withdrawn at any time so long as the on the matter has not commenced. Once withdrawn, all fees shall e application is re- filed. paid and notices given anew if the app l icant. T h e app licant or representative shall be notified oL all meetings being and • I 10.0.4. Participation by app application for development app' 3t�aae33eI a 3ee s '�� at-thc d�sisne shall be required to attend all publint�>n pf which any app � -f rog- �i� c- �- - co ed-.-- ed.�F- ailij�� � :-.--•. .:lal- icati� n s tl�- c- l -ec-i� � _ .. �, fib- 10.0.8. Citizen awareness and participation plan. citizen awareness and A. Applications for the following land use decisions shall include a participation plan (CAPP): \ • 1. - a. -- .. Ma;or ite P Slans 2. Conditional Use Permit Applications 3 Planned Develo_ nJr Zents C ,- ,rr,,,n;ty Develoument i..3- Other applications at the discretion of the ac =t `'"— I Services Director. B. The purpose of the citizen awareness and participation plan is to: • licant may submit a citizen awareness and participation plan and begin S• The a pp lication. at the applicant's discretion. This shall not implementation prior to formal app I occur until after the required pre_app lication conference and consultation with the pl-anning-divi-s-ienCommuni Development Services De.ait tne11t• 10.1.0. C permits. 10.1.2. Prerequisites to issuance of construction permit. 40 of 68 • • I ] ?s------ iz' �.- 'u�-E�i�- S3{- �-&;i�'-5����,�, Elm �cit�a=,- T1- C�- f- �`'- pp� a- ias�l��rei�c-'� -� ; .�� i�,,aide-litiel cviet'dfe { C Er`` 'ie' 10.2.0. Site development plans. 10.2.1. Generally. procedures for the review of site B. Authority of department. The department shall develop p' i procedures shall comply with the general procedural requirements set development plans. The 1 forth b�1$v,in this Article. C. 'or and "m "minor" site develo ment Tans. Site develo ment plans c l be that shall d e red shall include new construction e x ans n.or area. and its r .aired .act. Deve o ment "major" or "ml Flo' bnPed lanee level of im� a is t i n site dev p t laps __ICI- in site lan amendrnen all be c onsidered existing develo ment that will create over 10,000 s uare feet of io !larking. All other site develo mei _ minor unless otherwise determined b the Cominunit Develo ment Services for ma' or and minor site development plan approval shall be on forms • Subf ��ittals. An application f with sections 3.3.4 and 3.3.5 I D plats conforming provided ro the depor For development, s, l waived b the c n_ l For other development, the following information shall accompany the shall be provided. Fo1 application where relevant to the proposed development unless I Develo meat Services Director map at a minimum scale of one inch equals 30 feet. All other 1 A boundary s urve Y submittals shall be of the same scale. showing surrounding land uses as per the adopted future and use map. 2. A m a p 3 The topography of the site at one foot contours. the ensity and /or intensity of the proposed development and the phases �� , A description of tl of development. and edestrian ways, open space, buffering, location of any 5. r depiction facilities, ci all s, including points of access to public roadway recreation facilities, inchiding median cuts. 6. A depiction of the location of fire lanes, security lighting and trash facilities. 41of68 r 7. The location of all protected trees, by species, diameter and approximate height. 8. A landscape plan. 9. Sufficient data and graphics to enable the city engineer to evaluate the proposed • stormwater management facilities, including appropriate calculations. 10. The name of each utility provider and the type of service to be provided. 11. The location of all parking spaces and off - street loading facilities. 12. Fire flow calculations. 13. A table identifying the specific amount of each land use being proposed. 14. * The location and size of all signage. 15. Any other information required on the application or as determined to be necessary at a preapplication conference. 16. A detailed description of the proposed use of the site and structure. 17. Color elevations of proposed structures 10.2.2. Procedure for Major and Minor Site Development .Plans. A. • Preapplication conference. Prior to filing for major or minor site development plan review, the applicant shall meet with the department to discuss the development review process and to be infornried of which staff members to confer with about the application. No person may rely upon any comment concerning a proposed site development plan, or any expression of any nature about the proposal made by any participant at the preapplication conference as a representation or implication that the proposal will be ultimately approved or rejected in any form. B. Citizen Awareness and Participation Plan meeting. Major and minor site development plans may be subject to the Citizen Awareness and Participation Plan (CAPP) requirements of Article 10, Section 10.0.8 of this Development Code, as determined by the Community Development Services Director based on .ro'ected development im act. C.1- Completeness review. The department shall review an application for site development plan approval to determine whether all necessary information has been provided. Within five working days of the receipt of an application, the department shall inform the applicant if additional information is needed to comply with submittal requirements. If the property has any outstanding Code violations, the Community Development Services Director, at their discretion 42 of 68 may choose not to review the site development plan application until the violations have been cleared. D. Development Review Committee (DRC) Meeting. A Development Review Committee meeting is required for major and minor site development plans as determined by the Community Development Services Director based on projected development impact. In considering whether to approve an application for a site development plan, the Development Review Committee will consider the evidence presented b the op and its consistent with the Lon. wood Development Code, the Longwood Design Guidebook, the Comprehensive Plan and any and all applicable legal documents. The Development Review Committee shall recommend approval, recommend approval with conditions, or recommend denial to the Community Development Services Director. E. For site plans that do not require formal review, the Community Development Services Director will consider the recommendation of the Development Review Committee before rendering final decision approving, approving with conditions, or denying the site development plan. For site plans that require formal review, the Community Development Services Director will recommend approval, approval with conditions, or denial of the application to the City Commission prior to the formal review hearing, F. Formal review - or ma'or site develo rnent .laps. Followin• the recommendation of the Cormmunity Development Services Director, the department shall place the site development plan on the agenda of the next available City Commission meeting allowing for required notice. The department shall prepare a report on whether the application complies with the Comprehensive Plan and the provisions of this code, and shall make the report available to the applicant the..erson or ersons re.uestin• formal review, and the public not later than five days prior to the City Commission hearing a. The Cit Commission shall hold a hearing on the matter ursuant to the procedures set forth in section 10.13.0 of this article. The City Comn ission shall determine whether the proposed site development plan complies with all applicable provisions and approve, approve with conditions, or deny the site development plan. G. C. Req--s-t-foi= Formal review for minor site development plans. 1. Within five working days of receipt of a complete minor site development plan application, the applicant shall provide notice to s reu-n'c g property owners within 300 feet from the boundaries of the property subject to the proposed site development plan pursuant to the requirements for mailed notice set forth in section 10.0.6 of this article, and to each city commissioner. The notice shall inform the recipient that complete plans of the proposed development may be viewed at the department, and that the recipient, including each city commissioner, may request formal review of the site development plan by the city commission. 2. The request for formal review shall be filed with the department or postmarked within 15 calendar days of the mailing of the notice. The request shall include the following: 43 of 68 a. Name and address of the person making the request. b. Certification by the person making the request that the request is not being filed for delay or other improper purpose, and that the person making the request intends to present, in person or through a representative, evidence and /or argument to the city commission regarding the development proposal. 3. If a request for formal review has been filed by a person who received notice, and the department finds that the request meets the requirements in [subsection] CT.2 above, the department shall place the minor site development plan on the agenda of the next available City Commission meeting allowing f-er required notice following the recommendation of the Community Development Services Director. The department shall prepare a report on whether the application complies with the Comprehensive Plan and the provisions of this eerie Land Development Code, and shall make the report available to the applicant, the person or persons requesting formal review, and the public not later than five days prior to the City Commission hearing. a. The City Commission shall hold a hearing on the matter pursuant to the procedures set forth in section 10.313.0 of this article. The City Commission shall determine whether the proposed site development plan complies with all applicable section provisions and approve, approve with conditions, or deny the site development plan. • . , - .' - .. ..o -I lse -ice -cst for format revie‘- • • - 'thin the-p esei d period, - - • - ... -a-sect-site-development plan complies with all a • .. . .. - . . appre aappre wit-lconditions, - - . rSre 3 - - :. - - lo 5 � J d. _ - - : - . - :.'cation— denial oerted by writ rrfi-Rd rgs- H. Amended application. Amendment of a petition by the applicant may be permitted at any time prior the Department or City Commission's final decision, provided that no such amendment shall be substantially or fundamentally inconsistent. as deterrnined by the Community Development Services Director, with the description given in the CAPP process unless the changes to the plan are a direct result of comments received at the CAPP meeting. Final development plan approval. Prior to the issuance of any development order or building permit, final development plan approval will be required in accordance with applicable provisions of Article X. J.B Platting. 44 of 68 10.2,4. A111011611 , • "s.t - • A. MineFamendments to a-n-apiafeved-s-ite-develepinent plan-mny b-ei..ppfeved-by411-&-administrator. Mer amen arnndmeft must b•e-ap-proved-using-the-pfeeedtwe-her-e-in-f-.• . a - • i- dec-Lelepnic.-nt-plans, 3. Minor amendments shall include-tlietn-Hewing. All other-ekana14-he-inajencirnents: er shifts in the-leeation and siting-af4nildings; struetares; solid-waste- recycling, and yard trash eent-aine&stly-and-laikeway ,,ystems; and-pat:king bays -. • . howe-v-ene-eltanpa11 1 6 - G . -eser to any residential- dwelling than was ofiginally-apprre-ed.- 2. ---Ghangas-in4lie-type-ai-l-oeation oPandseape-m-atci-ials, aelnd-ing-c-hange-An-the-1-e-ea- e.€13uffers-, 3. The,addition-ef screened-perehes, decks, patios, and-ether unheated and uneeeled-afe-a- n .-e-t-ine-td-, • ding-gafages-,-ef 0--s-Einare-feat or lass, \-vhi-eh-are accessory aid ineiden•take-a- - — ---develepinent-plan, `. • • • .7 0 -g-fess-floor area-er exits": . • .-14ing-aiwalrepe-whieli- deas-net-exeeed-0-0-sqn-are-f-e-et, does-net-add “n ad4 itinnal7rn-am-ef-renins, and vvhich- dees-net-t-eqnire the-addition of-re-quirad-pat spac-as, 5. Re-dnetiens-in4he-intensity of structufal-greund-eov - arc' - - net-exeeed-ten-pefc-e-nt-ef-the tota-1-ground-eaverage. 10.2.5. AdMilliStF614-iVelyed--1461-riali-C--e-S* • A. Appli : site-design-requiraments-may--be-madiffed-by the city adminjstfater or • designee criteria in this-section 10.2.5,-0-n-15-z-the4e llowing , pecified-si•te design tee may be modified by administrace 1. --Front per-imeter landseape arca (3.5.3.B,), Tree count in-fFent-perimeter •" (3.5.3.B .1.). 3. -Shading of vahiatilnE-hs-c 1. Parking-fat-ie-( 5. Sethaek-s-Edimensional standard)-(-3.2.1+ • 1 .--,:a-sed-p-pejects - where-errhaehnini strativo vafianee-is requested sha-1-1-ineet .at-least- 45 of 68 • e e— f hef- c eafi�db l�c— A 1 • eli€f�c�tilti� fer -Elet! - - - deg e- • _ � "�3 -eel b • �'c�C • . • v - - - - • -�- • ,ion mil' •a� _ b - - nit- of= �al -e -e� • t#���stif' - - .. -' _ - , .'- r�3�a� -. • -11 -V • l = - • . l��ZU7T1T`r • 1 10.3.0. cCon�itional pexflnits 10.3.1. Intent. A It is the intent of this article to reco_nize and _ ermit certain uses and Zds develo for i c h ren s ecial review and to provide the stadards b which the a_ develo_ meat shall be evaluated. 13, e further intended that conditional use permits be re uired for deve to tl c ents which, because of rsuire s ecial care in their inherent nature extent and external on in o der to ensure conformance with the location desi•n and methods of. o ei comprehensive plan_ C Those uses listed in Article 11 as p ermitted conditional uses in a Future La aUuseDern t b thb i established in that district onl Di ecto issuance and recordation of a u Community Development 46 of 68 10.3.2. Criteria for Issuance. No conditional use permit shall be approved by the Community Development Services Director unless the followin• findin_s are made concernin• the Ho _Dosed use: A. That the use or development complies with all required regulations and standards of Land Development Code and all other applicable regulations. • E. That the proposed use or development will have general compatibility and harmony with the uses and structures on adjacent and nearby properties. C. That the use or development limits to the maximum extent practicable nuisance factors detrimental to adjacent and nearby properties and the City as a whole. Nuisance factors shall include but not necessarily be limited to noise, odor, smoke, glare, electrical interference and /or mechanical vibrations. D. That the use or development is appropriately scaled to the neighborhood and is supportive of the neighborhood, including pedestrian and transit connectivity. E. That necessary public utilities are available to the proposed site and have adequate capacity to service the proposed use and development. F. That the use or development is serviced by streets of adequate capacity to accommodate the traffic impacts of the proposed use. G. That screening and buffers arepr posed of such type, dimension and character to improve compatibility and harmony of the proposed use and structure with the uses and structures of adjacent and nearby properties. H. That the use or development conforms to the general plans of the City as embodied in the City Comprehensive Plan. I. That the proposed use or development meets the level of service standards adopted in the Comprehensive Plan and conforms to the'City's concurrency management requirements. 10.3.3. Permit Conditions Additional conditions or requirements shall be included as part of the Conditional Use permit and may include, but shall not be limited to, the following: 1. Adjusting the required lot size or yard dimension. 2. Adjusting the height, size or location of buildings. 3. Controlling the location and. number of vehicle access points. 4. Adjustingthe street width. 47 of 68 5. Adjusting the number of required off - street parking spaces. 6. Limiting the number, size, location or lighting of signs. 7. Require additional fencing, screening, landscaping or other facilities to protect adjacent or nearby property. 8. Designating sites for open space. 10.3.4. Procedures for Approval A. Citizen Awareness and Participation Plan meeting. The applicant shall be subject to the Citizen Awareness and Participation Plan (CAPP) requirements of Article 10, Section 10.0.8 of this Development Code. B. Application submittal requirements. An application shall be filed with the City's Community_ Development Services Department on the form prescribed. Any incomplete applications will be returned to the applicant. C. Site development plan. The applicant for a conditional use permit shall submit a Site Development Plan consistent with 10.2.0 of this Land Development Code. D. Formal review for conditional use permits. 1. Within five workin• da s of recei t of a complete conditional use •ermit a •lication, the applicant shall provide notice to property owners within 300 feet of the boundaries of the property subject to the permit application pursuant to the requirements for mailed notice set forth in section 10.0.6 of this article, and to each city commissioner. The notice shall inforrn the recipient that complete plans of the proposed conditional use may be viewed at the department, and that the recipient, including each city commissioner, may request formal review of the conditional use permit by the city commission. 2. The request for formal review shall be filed with the department or postmarked within 15 calendar days of the mailing of the notice. The request shall include the following: a. Name and address of the person making the request. b. Certification by the person making the request that the request is not being filed for delay or other improper purpose, and that the person making the request intends to present, in person or through a representative, evidence and /or ar•ument to the ci commission regarding the development proposal. 3. If a request for formal review has been filed by a person who received notice, and the department finds that the request meets the requirements in [subsection] D.2 above, the department shall place the conditional use permit on the agenda of the next available Cit— . 48 of 68 • Commission meetin• followin• the recommendation of the Communit Develo ment Services Director. The department shall prepare a report on whether the application complies with the Comprehensive Plan and the provisions of this Land Development Code, and shall make the report available to the applicant, the person or persons requesting formal review, and the public not later than five days prior to the City Commission hearin•. a. The'City Commission shall hold a hearing on the matter pursuant to the procedures set forth in section 10.13.0 of this article. The City Commission shall determine whether the proposed conditional use permit complies with all applicable section provisions and approve, approve with conditions, or deny the conditional use permit. E. Development Review Committee (DRC) Meeting. A Development Review Committee meeting is required for conditional use permits. In considering whether to recommend approval on an application for a conditional use permit, the DRC shall consider the evidence presented by the applicant and shall act on the application based on the findings required in Section 10.3.2. The Development Review Committee shall recommend approval, recommend approval with conditions, or recommend denial to the Community Development Services Director. F: L feat of denial or withdrawal on subsequent application. No application for a conditional use permit shall be entertained within six months after the denial of a request for the same use for the same pro unless substantial chanc as determined by the Community Development Services director, are included as part of the revised application. The Director may waive this time limitation. G. Consideration by Community Development Services Department. The Community Development Services Director shall approve. approve with conditions, or deny the conditional use permit. H. Amended application. Amendment of a petition by the applicant may be permitted at any time prior to the Community Development Services Director's decision, provided that no such amendment shall be substantially or fundamentally inconsistent with the description given in the CAPP process unless those changes are in direct response to comments made at the CAPP meeting. Appeal of decision.. Any affected person may appeal Community Development Services Department's decision on an application for a conditional use permit. The appeal must be filed within 15 days of the date notification of the decision is sent to the applicant. The procedure for the a..eal shall be the same as is rovided in 10.12.0 A eats for a_ peals from decisions of the Community Development Services Department. 10.3.5. Amendments to and modification of permits. 49 of 68 • • A. Minor changes in the development plans associated with approved conditional use permits may be permitted with the approval of the Community Development Services Director. The applicant will provide revised plans reflecting these changes. B. Any change or amendment which modifies one of the following criteria shall constitute a modification of the conditional use permit and will be processed as a new application: 1. A change in the boundaries of the approved site, except for minor boundary adjustments; 2. Either an increase of ten percent or more or incremental increases that total ten percent or more in the floor area or number of .arkin• s.aces as approved; • 3. Substantial changes in the approved location of principal and /or accessory structures; 4. Structural alterations si•nificantl affectin• the basic size, form st le ornamentation and appearance of principal and /or accessory structures as shown on the approved plans; 5. Substantial chan• es that ne• ativel im•acts a..roved .edestrian or vehicular access or circulation; and • 6. Substantial chance that ne•ativel im acts a..roved amount or location of landscape screens or buffers. 10.3.6. Expiration. abandonment, revocation and extension of permits. A. Expiration. Permits issued under this article shall expire after two (2) years from issuance unless a subsequent development order or building permit is obtained in reliance of the issued permit. izv` vdi�' v' i-=— upo..���izva�@33 p�16z .a - niv �T•� � cric c6zii rviccs Director in, - - - . - mit for enc-f3 ---ad i . . + • ' - ,mss B. Abandonment of permits. On request of the permit holder, the Community Development Services Director may approve the abandonment of a conditional use permit provided no construction has begun. C. Revocation of permit. If any conditions of the conditional use permit are violated, the permit issuing authority may revoke the permit after giving proper notice to the permitee. The permit may be reinstated by the Community Development Services Department Director if the circumstances leading to the revocation are corrected. D. Extension of permit. At the request of the applicant and for good cause shown, the Community Development Services Department Director ma extend the time of the •ermit's ex.iration up to two years. The extension may only be granted if all the concurrency management requirements of this chapter can be met and if the extension would not be in conflict with any other ordinance of the city. • 10.4.0 Pbn nect Deveflopm 50 of 68 • 10.4.1 Generally A. Purpose. It is the purpose of this section to - rovide a method for landowners or develo •ers to submit unique proposals which are not specifically p rovided for or allowed in districts found in this Land Development Code. In particular, these provisions allow a mix of residential and nonresidential uses and /or unique design features which might otherwise not be allowed in the district, but they must conform to all aspects of the comprehensive plan. The PD process is also intended to provide for density and intensity bonuses. B. Objectives. The PD provisions are intended to •romote flexibilit 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 safet : B encoura•in• fiexibilit in the •ro osals which may be considered, while at the same time retaining control in the City Commission over the approval or disapproval of such proposals, the PD provisions are designed to: 1. Permit outstanding and innovative residential and nonresidential developments with a buildin• orientation ^enerall toward streets and sidewalks; rovide for an integration of housing types and accommodation of changin lig festyles within neighborhoods; and provide for design which encourages internal and external convenient and comfortable travel b" foot, bic cle and transit throu•h such strategies as narrow streets. modest setbacks, front porches, connected streets, multiple connections to nearby land uses, and mixed uses. 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 bu- ildinr and facili.t relationshi s and infll develo•ment 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 -lire design features. such as pedestrian scale, parking located to the side or rear of buildings, narrow streets, connected streets, terminated vistas, front Porches recessed games, allegned building facades that face the street, and formal landscaping a long streets and sidewalks. 51 of 68 • 10.4.2 Minirnurn requirements for a planned development. An applicant for a PD must present evidence that justifies the Planned Development process. Justification must include one or more of the followinz: 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. 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. All Planned Developments shall be larger than 2 acres. 3. Specialized compatibility and design characteristics. The nature of the proposed use at a pecific 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. 10.4.3 Review Process. The review process for a Planned Development is as follows: 1. Pre - application meeting.. The applicant for a conditional use permit 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. Citizen Awareness and Participation Plan meeting. The applicant is subject to the Citizen Awareness and Participation Plan (CAPP) requirements of Article 10, Section 10.0.8 of this Development Code. 3. Conce tual Review. The Ci Commission conce.tual review is o•tional and intended solely to alert an applicant to problems with, or objections to, a particular proposed development, so that a proposal may be abandoned without significant expenditure by the applicant if he /she determines that approval of the proposal will be questionable or unlikely. During concept review, no comment concerning_a mposed development concept, nor any expressed approval of such a concept by the City Commission, any of its members, or any officer or employee of the city, shall b relied upon by the applicant or any other person as representation or implication that the particular concept proposed will ultimately be approved in any form as a PD. 4. Major Site Plan Submittal. The applicant shall submit a site plan that conforms to the requirements of 10.2.0 of this Land Development Code. In addition to the requirements 52 of 68 of 10 L 0 the followill information should be provided: depiction of the areas of land devoted cl o v d vas, common area usab publicly owned recreational areas,_—_---- - o ens ace common area recreational areas and common area plazas all ex ressed as ercen es �_ the tot ar b A descrip of t he desis�n stal�dard cilities� � or utilized fol all streets and off-street •arlcin and loadin fa c. An enwneration of antici_ ated differences between the current at livable design • standards of the PD roDElty and the proposed PD s d. A develo •ment schedule for the PD or for each phase, a pi na s � l b �� ecifi The develo meat schedule shall not be binding, exce re uired in the Development A,:reement. e. A descri tion of all include bic cle /•edestriau/transit facilities. is f A description of all features pr oint assitn not andeor re di and a table detanz the antic� dEnSi /Hite_ nslty b011 L -.e uni fied.si a nalal for the PD_ 5 Develo inentA• 'eement. a , The Planned Develo anent will be recorded as a D v o nlent Agreement consistent with 10 5 0 of this Land Dev : ___ C 6. 12e.tiriNen7ents and Evaluation o PD. The PD .ort ahhe Cit nl subsections below. In consider6 a pro osed PD for app shall e the pro osal in consideration of these criteria and a p rove a Drove with conditions or Evaluat deny the PD applica_ ti0n: a Con of ^n with t he PD oU'ectiv uald the is coin_ r i the ob ectivES set develo •ment lan ma be a roved forth in this section and the Com prehensive Plan and any and all a.plicable docu_ meats.. b. Concurrent /. The _ ro •osed PD must meet the level elstaula all exis in he in the Comprehensive Plan. Proof of meetm these form of a certificate of concurrent ihe }a�.toular review if sta e , or certificate of final con (as at�llca_ ble at -- conditiollal concu rrent reservation, o mobili fund contributions where a jlic_ able• . 53 of 68 • 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, based on the streetscape, treatrnent 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 existin• and roposed 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. 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 followin• factors: ad'acent existin• and .ro osed uses design of the development, traffic circulation, and density and intensity. 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. 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 si • nificance enhance nei_hborhood desi • n and encoura__ e com•atible and cooperative relationships between adjoining land uses. g. 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 54 of 68 intended. All requirements related to environmental management, including surface water, gateway, nature park. greenway, uplands, and wellfielcl overlay districts, must be met. h. 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 acfoininc local streets and /or other ade uate trans ortation alternatives will be provided. Connection to existing or planned adjacent streets is encouraged. i. Internal trans ortation access. Ever dwell ina 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. j. 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 buildin ,.s 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. 7. Uni red confrol.All land included in an PD -shall be under the coni.lete unified, legal, otherwise - encumbered control of the applicant, whether the applicant be an individual, partnership corporatio oth entity, grou or agenc enzec r° ef- the -Git3 Administrates e-i de &ignne: ; tTlie 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. . ;o± -re, t-efthe Cit 3nist-rate eilesign„- it shal e the - 'a1 b the-Gi e n-e . . - €e - : Tact _ . et-her necessary - decument-s- astern£ -- rtien4hat —may be required -by h-e- City -A ney-te- a.ssurc t e-' . - de la z'y-- eeempl ed- ace- etAing te4hc-p-1- gar -seu0. be ed any ,)uch docurn -&nts e- fequested, Tthe application shall not be considered by the City Commission until the Cit Attorney has certified in writin that the legal re uirements 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 adopted PD ordinance. 8. Phasing. The city commission may permit or require the phasing or suing of a PD. 55 of 68 • 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.. 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. 9 Revised lan. If the Ci Commission approves a PD layout plan or approves it with conditions or modifications at an ste• in the a•.roval process, then the applicant shall revise the plan to clearly indicate such conditions or modifications, and file the appropriate number of copies of the revised plan with the Community Development Services Department within 60 days of such approval. Failure to file the revised PD layout or development plan within the time prescribed herein shall render any approval of the City Commission null and void unless the applicant files with the City Commission a written request for an extension of time within such 60 -day period. The City Commission may grant an extension for good cause shown. 10. Tinting. 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. If phasing is provided for, time limits for the completion of each chase 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 PD layout plan or development plan 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 plan approval or other development order. If time limits contained in the • approved PD la out flan are not com•lied with and not extended for food cause the Cit 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 plan, 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, housing code and other land use regulations of this Land Development Code are applicable to a PD, except for those permitting_ special use permits and variances, and except to the extent that they conflict with a specific provision of the approved PD. Unless otherwise provided in the approved development plan, all land use regulations which apply in relation to a Future Land Use district, including the • 56 of 68 regulation of signs, shall apps to areas of a PD. All such land use regulations shall apply in other areas of a PD in the manner determined by the City Commission as part of the approved PD layout plan or, if not determined therein, by the Community Development Services Director during the development plan approval process, giving due regard to the purpose of each such regulation and the similarity of each area of the PD to other Future Land Use districts, in terms of permitted uses. 13. Amendments to approved Planned Developments a. An amendment to an approved PD (except for an extension of a time limit) must be accomplished only by a resolution of the City Commission. All appropriate maps, plans and reports submitted with the approved PD layout plan may be resubmitted with the petition, along with sufficient new maps, plans and reports to clearly and thoroughly indicate the proposed changes, as the new proposed PD layout plan. b. Amendments to the final plan of an approved PD of the following types may be authorized b _, the Communi Develo Dment Services Director durin• an required development plan review: 1. Minor adjustments or shifts in the locationand siting of buildings, structures, solid waste, recycling, and yard trash containers. parking bays and parking spaces, provided any dumpsite is not located closer to any single - family or multiple - family dwelling; 2. Changes in the location of utility tie -ins 3. Reductions in the overall density or intensity of structural ground coverage of the development; 4. Changes in the location and types oflandscap materials, excluding chan in _ location of buffers: 5. Minor changes in the walkway and bikeway systems; 6. The addition of accessory structures or utility buildings of less than 1,000 square feet where there are no major changes to the perimeter features of the development; 7. The addition of up to ten new parking spaces; 8. Modifications which do not entail amendments to specific language included • within the PD ordinance. • 10.5.0 DevelopmentAareeFents 57 of 68 • 10.5.1 Applicability. The City of Lon ,wood may consider and enter into a development agreement for a development located within its jurisdiction. • 10.5.2 Purpose and intent. The purpose of this article is to allow the City to enter into development agreements that meet the requirements of the Florida Local Government Development Agreement Act. F.S. 163.3220 - 163.3243. The development agreement provides assurance to a developer that upon receipt of their permits under the City's development regulations he may proceed in accordance with existing ordinances and re ulations, subject to the conditions of the development agreement. This section will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of develo ment. A development agreement is in addition to all other local develo ment permits or approvals required by the City. A development agreement does not relieve the developer of the necessity of complying with all land development regulations in effect on the date that the agreement is executed. 10.5.3 Public I- 1earing s. A. Before entering into, amending, or revoking a development agreement by resolution, two public hearings shall be held by the City Commission. B. Notice of intent to consider a development agreement shall be advertised approximately 7 days before each public hearing_in a newspaper of general circulation in Seminole County. • C. Notice of intent to consider a development agreement shall be mailed to all property owners within 300 feet of the boundaries of the proper subject to the proposed development agreemerr of the prior to the public hearing approximately 7 days before the first public hearing. The day, time and place at which the second 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 uses proposed on the property, the proposed population densities, and the proposed building intensities and hei11t and shall specify that a copy of the proposed agreement may be obtained from the office of the City Clerk in City Hall between the hours of 5 :30 A.M. and 4:30 P.M. 10.5.4 Requirements of a Development Agreement. A development agreement shall include the following_ A. A legal description of the land subject to the agreement, the names of its legal and equitable owners, and a title opinion of an attorney licensed in Florida or a certification by an abstracter or a title company showing that the record title to the land as described is in the name of the person, persons, corporation, or entity party to this agreement: • B. The duration of the agreement; C. The development uses permitted on the land, including population densities, and building intensities and height: • 58 of 68 • D. A description of the public facilities that will service the development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities are available concurrent with the impacts of the development; E. A description of any reservation or dedication of land for public purposes:: F. A description of all development permits approved or needed to be approved for the development of the land; G. A finding that the development permitted or proposed is consistent with the City Comprehensive Plan, this Land Development Code. and any and all applicable documents; H. A description of any conditions, terms, restrictions, or other requirements. determined to be necessary by the City for the public health, safety, or welfare of its citizens; I. A statement indicating that the failure of the 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 restriction; and J. A development agreement mayprovicle that the entire development or an thereof be commenced or completed within a specific period of time. 10.5.5 Duration and Relationship to the City Comprehensive Plan A. The duration of a development agreement shall not exceed ten (10) years. but may be extended by mutual consent of the City and the developer, subject to reporting requirements and to a _ public hearing before the City Commission in accordance with F.S. 163.3225. B. No development agreement shall be effective or be im )lemented b the Cit unless the Comprehensive Plan and any Plan amendments implementing or related to the agreement are found to be in compliance with State law by the Department of Community Affairs. C. A development agreement and authorized development shall be consistent with the City Comprehensive Plan, this Land Development Code, and any and all applicable regulations. 10.5.6 Laws Governing a Development Agreement. A. The City Comprehensive Plan and Land Development Regulations in effect at the time of execution of the development agreement shall govern the development of the land for the duration of the development agreement. B. The City may apply subsequently adopted Comprehensive Plan amendments and amended provisions of the Land Development Regulations to a development that is subject to a development agreement only if the City Commission has held a public hearing in accord with s. 163.3225 and determined that: 59 of 68 1. They are not in conflict with the Comprehensive Plan and Land Development Regulations governing the development agreement and do not prevent development of the land uses, intensities, or densities in the development agreement; 2. They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement; 3. They are specifically anticipated and provided for the development agreement; 4. The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement; 5. The development agreement is based on substantially inaccurate information supplied by the developer. 10.5.7 Review of a Development Agreement A. The City of Longwood shall review land subject to the development agreement a minimum of every twelve (12) months from date of adoption to determine if good faith compliance with the terms of the development agreement has been demonstrated. If there has been a failure to comply with the agreement, the City Commission may revoke or modify the agreement. For each annual review conducted during years six (6) through ten (10) of a development agreement, the review shall be Incorporated into a written report which shall be submitted to the parties to the agreement and to the Department of Community Affairs. B. A development a•reement ma be amended or canceled b mutual consent of the earties to the agreement or by their successors in interest. 10.5.8 Recording and Effectiveness A. The development a shall be recorded with the Seminole Count Clerk of Court within fourteen (14) days after the adoption of the agreement and a copy of the recorded development agreement shall be sent to the Department of Community Affairs within fourteen (14) days after the agreement is recorded. A development agreement shall not become effective until it is recorded with the Seminole County Clerk of Court and until thirty (30) days after having been received by the Department of Community Affairs. The burdens of the development agreement shall be binding upon, and the benefits of the agreement shall inure to all successors in interest to the parties to the agreement. B. If State or Federal laws are enacted after the execution of a development agreement which are applicable to and preclude the parties' compliance with the terms of a development agreement, such agreement shall be modified or revoked as is necessary to comply with the relevant State of Federal laws. 10.6.0 TD➢eveloprnent Orders 60 of 68 • • • 10.6.1 Generally: With the exception of those approvals subject to a Development A.greement, Development Orders .are issued whenever a site plan is approved or approved with conditions. A. Required Contents of Development Orders. Each final development order shall contain the following: 1. An approved major or minor site development plan 2. Terns and conditions .laced on the a m.roval 3. A statement that the Development Agreement shall be recorded in the records of Seminole County and shall run with the land. The rights, obligations and limitations arising from or contained within the development agreement shall inure to and be binding upon the applicant and all successive owners of the subject property. 4. If modifications must be made to the development plan before a final development order may be issued, a listing of those modifications and the time limit for submitting a • modified plan. 5. The determination of concurrency, and mobility fees if applicable 6. The time period for which the development order is valid. C. Expiration. -. Development orders shall be valid for two years from the date that the City provided its final approval.Once a development order has expired, a new application and fee shall be required. - nent and vGl nr�9-o', - 1-1 -d 4ei3r ent -- old -ers fe£-i a4e-an mor site - d em t plans shall be-va-1 -id for twe- years — from - the -dl -te that the Git e d- ids --E l- ap-pre al, DE. Extension. The applicant may request from the Community Development Services Director up to a two rear one. 12 month extension, roviding that the application and the reason for extension is received 30 days prior to the date of expiration of the development order. 10.7.0. Historic overlay district. 10.7.1 Generally. 101.2. Hearing by city commission. 10.7.3 Notice. 10.8.0. Segall -scale future land use map amendment. 61 of 68 • 10.8.1. Generally. 10.8.2. Procedure. 10.8.3. Review by LPA. by ci commission. The city commission shall conduct a first reading of the ordinance for 10.8.4. Action land the small -scale fut land use map amendment, and then schedule a hearing to consider the proposal pursuant I to the procedures in section 10.13.0 of this article. 10.8.5. Notice. 1 10.9.0. Variances. 10.9.1. Generally. Applications for variances, as provided for in article IX of this code, shall be reviewed pursuant to the procedures set forth below. 10.9.2. Procedure. 1 10.10.0. Vacations. 10.10.1. Generally. 10. 10.2. Submittals. An application for a vacation pursuant to this part shall include the following: 10. 10.3. Procedure. 10. 10.4. Criteria. The decision whether to grant or deny an application for vacation shall be based on the following criteria: 62 of 68 10. 10.5. Effect of vacation. If the city commission approves the vacation, ownership of the vacated area reverts to the adjacent property owners of record in equal. proportions, as was dedicated. 10.11.0. Land use policy decisions. • 10. 11.1. Generally. 10.11.2. Procedure. 10.11.3. Notice. Notice shall be provided as required by state law for the particular decision, and by posting the site, where appropriate, in accord with section 10.0.6 of this article. 1 10.12.0. Appeals. 10.12.1. Appeals from decisions of the department. An applicant or any substantially affected person, as defined herein, may appeal any final decision of the department to the board of adjustment by filing a notice of appeal with the department within 15 working days of the decision. The appeal shall be scheduled on the next available meeting of the board of adjustment. No special. notice for the board of adjustment hearing shall be required. 10.12.2. Appeals from decisions of the board of adjustment. An applicant, any substantially affected person, as defined herein, or the administrator, may appeal any final decision of the board of adjustment, 1 including decisions made pursuant to 10.12.0 above, by filing a notice of appeal with the department within 15 calendar days of the decision. The appeal shall be scheduled on the next available meeting of the city commission. Notice of the city commission meeting shall be provided in the same manner as was provided for • die decision appealed from. The decision of the city commission shall constitute final action for the city and may, thereafter, be appealed to circuit court in accordance with Florida law. 10.12.3. Notice of appeal. A notice of appeal shall contain: A. A statement of the decision to be reviewed, and the date of the decision. B. A statement of the interest of the person seeking review. C. The specific error alleged as the grounds of the appeal. • 10.12.4. Appellate hearing. When a decision is appealed to the board of adjustment or city commission, the hearing shall be conducted as set forth in section 10.13.0 of this article. The city commission or board of adjustment, as the case may be, shall make its own determination on the merits, and shall not be limited to review of the record below. 63 of 68 10.12.5. Stay of proceedings. An appeal shall stay all administrative proceedings in furtherance of the action appealed until such time as a final determination has been made by the board of adjustment on the appeal, provided that no action shall be taken by the applicant or the administrative official during such time which would change the status of the matter being appealed. 1 10.13.0. Hearings. 10.13.1. Generally. Under the law of Florida, a hearing on a land use matter may be legislative or quasi - judicial. If the hearing is for the purpose of establishing land use policy that will have general applicability, the hearing is legislative and must be conducted in accordance with procedures applicable to such hearings. If the purpose of the hearing is to apply general standards to a specific land use proposal, then the hearing is quasi - judicial and must be conducted in accordance with procedures applicable to such hearings. Set forth below are the procedures to be followed for each type of hearing when such a hearing is to be held by the LPA, hi- storie- pz- . -ead, board of adjustment, or the city commission. 10.13.2. Legislative hearings. 10.13.3. Quasi-judicial hearings. 1 10.14.0. Dee op e -t-e Ele §Development Activity During As eals Process. A. Development activity. Development activities or permits are prohibited during the appeals period as follows: • 1. No development activity, including grading or site preparation, or actual construction, until the period during which appeals maybe filed has expired. 2. No permits shall be issued for any type of development activity on the development site until the period during which appeals may be filed has expired. - i , The- applicant may-feqnes-t -fro-r t e —city administrator one- l4-mo - sion- pro he application and he reason for - sion- isreceived 30 days -prior to the cate-- o£- expi -ra i-a s£ C. Expipafion. Q: -r parer -erde -has cxpircd ew-applicatio-n nd -fee shall bc- -fcqu r D. Site dcvclop ..� -a, ' ian-e-e-orders. All development - e • , ::anent and variances (h-ar ships)-shull be va for 12 metes- ftoml- the -Elate that -the city- provided-its fiea. pprova-1 -e bed ac-tien- 10.15.0. Plats. 64 of 68 • 10.15.1. Purpose. • 10.15.2. General requirements. 10.15.3. Lot splits and replats. A. Where uire l of land is being divided into two separate lot or p r following approval a c co r ing . to the requirements quirements of this secaion shall no5���d> if one o I arcels consists solely of the conveyance of land. or 1, The division of land into two p to a governmental or public agency. granting of easements or rights-of-way 2. The division is limited to lots, blocks; parcels, tracts, or of er portions the Longwood minimum lot areas and dimensions in accordance with Develop ment Code. Every parcel created by the proposedldivis o e s a ahave de d c at second access to a public street. Divisions of this type shall be uirements of this section. shall not be permitted without a plat accordin g to the req 3. The division is a replat of two existing lots and is sol.el number for of loes purpose s otherwise a lot of reacing or lot t line adjustments without an increase in the allowed. 10.4-115.4. Requirements for preliminary plats. 10.4-1-15.5. Requirements for site plan. and public improvements plan. �JEC�1� ��. dditions; Art Sections, Subsections The Longwood Historic District Code Book shall be are a e amended as follows ws (Words that are ��c -k�re� are deletions; words that are unde- and Provisions not referenced in this ordinance are not modified): >l'a� fl ll 4'�dcavaaaara Change map to designate the Bradlee -Mc tyre House as "Mixed - Use," replacing the "Civi.c" designation shown on the map. 65 of 68 Page 12 Planning ).Lot Type Uses Outdoor Seatin areas of less than 160 square feet may be allowed as an accessory to a permitted use within the Historic District. Any request for accessory outdoor seatingthat is greater than 100 SF shall be approved by the City Commission. Table: Permitted Downtown Historic Land Uses Lot Type Designation Activity Use Civic Mixed -Use Storefront Ledigweed-Hotel Bed and -j�c t X lIa ? X Office X 1 Retail (Stand -Alone or Mixed - Use - it1-i- R-esideii-tia-1) Arts /Craft Studios X X Galleries and Museums X X Pet Grooming and SpecialSy Pet Shops (no live animal sales) X X Recording Studios X X Wine Bars and rew Pubs"' X X 3fiis . . . - A-riues -a=rm - , , • : - Lucas. *This use pertics ft-c• n �: - - feeh -a-n: - • • : en e-s- and -C.R. '127. * Wine bars and Brew Pubs may be with or without outdoor seating, may offer instruction, and may sell wine /beer for both on -site consumion along with package sales subject to City Commission approval with a findin6 that the .r ro, osed use is consistent with the Ci 's Com,. rehensive Plan and the Historic District Code Book. The City Commission in determinin whether to al irove deny or a r *rove with conditions a Wine Bar or : rew Pub will consider the hours of operation, that the proposed location is a reasonable distance from any incompatible uses, along with the availability of on or off site parking, location of outdoor seatin ' and noise mana!ement. The Ci Commission can in addition to settin ' the hours of o r eration a r 11 whatever conditions deemed necessa on the a r royal to mill. ate )otential impacts at their discretion. Uses that are not s i ecificall' mentioned in the table that are consistent with the intent of the ]Lon l wood Historic Code look may be approved at the discretion of the Community Development Director, e 1.7 Planning Historic District Planning Process 66 of 68 • Projects that meet the following thresholds will require the submission of a Site Development Plan $DP)'for city approval: Commercial buildings that have been vacant for more than k8- 9-4aya X65 da � 5 SECTION 3 CONFLICTS. If any ordinance or part thereof is in conflict herewith, this .Ordinance shall control to the extent of the conflict. SECTION 4: CODIFICATION. Sections 1 and 2 of this Ordinance shall be codified; that such sections may be renumbered or relettered to accomplish the intent 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 effect other sections or words or applications of this Ordinance. If any part of this Ordinance is found to be preempted or 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. SECTION 6: This Ordinance shall take effect immediately upon its adoption. LAND PLANNING AGENCY HEARING: A l — /t_ .0 1/ _•s / FIRST REAIDING: r • .1-44t) 1 SECOND REA'SING AND ADOPTION: '�'`" `' °1' 53C/0 PASSED AND ADOPT ED TH]I 7 IDAY OF 2010 JOHN C. ,! I A 1 :: r, O , MAY OR 67 of 68 r AT MS • Al* SARAH M. MII US, MMC, MCA, CITY CLERK Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only. n � DANI.A . L •,N/ `; ITY ATTORNEY • • • • • • 68of68