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Ordinance 11-1969 ORDINANCE NO. 11 -1969 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING THE LONGWOOD DEVELOPMENT CODE ARTICLE II LAND USE AND OVERLAY DISTRICTS, ARTICLE III DEVELOPMENT DESIGN STANDARDS, ARTICLE V SUPPLEMENTAL STANDARDS, ARTICLE VI SIGNS, ARTICLE VII CONCURRENCY MANAGEMENT, ARTICLE IX HARDSHIP RELIEF, ARTICLE X ADMINISTRATION, AND THE LONGWOOD DESIGN GUIDEBOOK, TO STREAMLINE AND CLARIFY EXISTING (DEVELOPMENT PROCESSES, REFLECT CHANGES FROM COMPREHENSIVE PLAN AMENDMENT 01 -11, AND EXTEND THE BOUNDARIES OF THE TRANSIT VILLAGE; PROVIDING FOR CONFLICTS, CODIFICATION, SEVERADILITY AND EFFECTIVE DATE. WHEREAS, on May 6, 2002, the City Commission of the City of Longwood enacted the Longwood Development Code (Ordinance 02- 1.599), 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 ri:view 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 July 13, 2011 to consider the amendment of the Longwood Development Code; made certain findings of fact regarding said amendments, detennined the proposed changes are consistent and reconunended the proposed ordinance be enacted by the City Commission; and WHEREAS, the City Commission and staff have identified procedural and technical corrections which are necessary to improve the Code and expedite the review process; WHEREAS, the City Commission desires to protect the character of residential and commercial areas and preserve the value of the property throughout the City NOW, THEREFORE DE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, AS FOLLOWS: SECTION 1 . The Longwood Development Code shall be Amended as follows (Words that are *rim 0 it are deletions; words that are underlined are additions; Articles, Sections, Subsections and Provisions not referenced in this ordinance are not modified): 222. Medium density residential (MDR). The MDR land use district is designed for all types of residential development. The maximum density within this district is 7.0 dwelling units per acre (15 dwelling units pe r acre 1 of 21 for mixed -use projects under a conditional use permit or planned development) Allowable uses include both smaller -lot 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 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 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. 2.2.3. 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. Allowable uses include single -use, multi - family residential (at any density trp-te 7-.9 between 6.0 and 10.0 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 15.0 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, hours of operation and site layout. 2.2.4. 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 promoting vertically and horizontally mixed use development on single or aggregated 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. Parcels in either the IND or IMU categories that are adiacent to a property in either the IND or IMU categories and are aggregated under the same ownership, may when reviewed as a planned development, utilize all applicable standards of either the IND or IMU land use for the entire project. 2.2.5. Industrial (IND). The IND land use district is primaFily intended to ensure the City's industrial core is protected and preserved and to provide a location for light and clean industrial uses. Limited additional uses that are supportive of and ancillary to industrial development are also allowed. Allowable uses include general office, government services, warehousing and distribution centers, manufacturing, and specified commercial, storage, artist and artisan studios, cottage industries, and limited residential use when subordinate to and compatible with the industrial 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 2 of 21 specific uses). Aarnels in the IND r•ategGry that are adianent to a property in the infill and mixed use (IM l )- GategGry and are aggregated LiRder the sarne E)WRGFSh may when reviewed as a planned d —1-p- — I', ut ilize all a pplicable standards of the IMU land use far the entire prGjeGt Parcels in either the IND or IMU categories that are adjacent to a property in either the IND or IMU categories and are aggregated under t he same ownership, may when reviewed as a planned development, utilize all applicable standards of either the IND or IMU land use for the entire project. 2.3.0. - Allowable uses. 2.3.9. 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 districts in the Longwood Design Guidebook. The use table is intended to apply to new development or changes of use that create impacts that are not supported by the site: A = allowable, subject to the standards, regulations, and criteria of this Code. 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 PD= subject to Planned Development Approval = Uses allowed only as an accessory use o = When within 600 feet of the SunRail station, use is only allowed as part of a,mixed -use developrent o = Allowed only in multi -unit centers m = Prohibited on properties adjacent to CR 427 Low Medium Neighborhood Transit Industrial' Public/ Conservation Density Density Commercial Infill and Village Institutional Residential Residential Mixed -Use Mixed -Use (TOD) Overlay Adult S entertaimnent establishments (5.4.5) Amphitheatre C C C A Bakeshop C C A A AO A (retail sales with limited on- site production Bakery A A (production) Bars, cocktail A AO lounge, tavern or saloon Bed and S S S 3 of 21 breakfast establishment (5.4.4) Body shop, A freestanding or in conjunction with used vehicle sales, vehicle service, or vehicle repair Carwash Cm (freestandin Cemetery A A Civic facilities C C A A A C (museum, library, and similar) Commercial A A4 A Indoor Recreation Facilities and G ms Community C A A A A centers and - indoor ;ter f e 44i - Community C C C C C C C Garden Community S S residential homes (5.4.8) Crematorium S* S* 5( 4 181 — — Day care and S S A A A© pre - school facilities Dog kennels C A A CO A without outdoor runs (5.4.1) Dog kennels S S with outdoor runs (5.4. 1) Low Medium Neighborhood Transit Industrial Public/ Conservation Density Density Commercial Infill and Village Institutional Residential Residential Mixed -Use Mixed -Use Overlay Duplexes A A (3.2.5) Fast -food Am restaurants (With Drive - Thru Fast Food (No A AO A" Drive -Tlmu) Financial C A A Ao A institutions (No Drive -Thru) Financial A53 institutions (With Drive - 4 of 21 Thru) Fleet Storage of A A'` 5 vehicles or less (5.4.17) Fleet Storage of C* more than 5 vehicles (5.4.1 7) Funeral home A A Gasoline sales C A® An General offices, C C A A AO A A including government offices, and excluding medical Government A A A services, such as public Nvorks yard, utility facilities, emergency services facility, substations, etc. Group homes S S S S Hospitals S S (5.4.7) Hotels and C A A A motels Large -scale C® 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 ✓ Massage S S Ao Therapy Establishments per F. S. 480 (5.4.13) Low Medium Neighborhood Transit Industrial Public/ Conservation Density Density Commercial Infill and Village Institutional Residential Residential Mixed -Use Mixed -Use Overlay Medical /dental C C A A A4 offices and clinics 5 of 21 Mini - storage A A facilities Multifamily A A A A4 A* dwellings Nursery, plant C A (5.4.15) Nursing and S S convalescent care facilities {3 4-7) J4.6) Outdoor A A A A A A recreation facilities (active Outdoor storage S S (5.4.11 Package store C C A A® (alcoholic beverage sales Parking, C C PD* C C structured with liner buildings Passive A A A A A A A A recreation facilities Pawn Shop Ao Print shop A A AO A (retail 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 A4 A services Religious S S S S S institutions (5.4.1 0) Research A AO A facilities Retail facilities C A A AO A Schools A A A A A© A A Security A A A A A A buildings /guard house Shopping C A centers Low Medium Neighborhood Transit Industrial Public/ Conservation Density Density Commercial Infill and Village Institutional Residential Residential Mixed -Use Mixed -Use Overlay 6 of 21 Single - family A A A A dwellings Sit -down C C A A. A® A restaurants Tattoo Parlor AO Theaters A A A A Trade/Vocation A A0 A al Schools utility A A A A A A A A. collection or distribution systems (cables, lines, pipes, pumping stations Vehicle rental C S® CO S facilities Vehicle sales S® S Vehicle service A® A and repair Veterinary C A A0 A clinics (indoor), Warehousing A A (indoor storage)* Warehousing S A (outdoor storage) i Wholesale A A facilities Wood�vorks A A (cabinet makers and similar woodworking) 2.3.4. [Uses not listed.] For uses that are not listed, the community development services director may approve GGrnpat similar uses based upon an evaluation of projected impacts in terms of, parking, trip generation, environmental impact, impact on City facilities, consistency with Comprehensive Plan and Development Code standards, and /or other pertinent factors. Uses that are not listed in this table and are not determined to be similar in impact are considered prohibited in the City of Longwood. 3.2.0. - Site design standards. 3.2.1. Table of Dimensional Standards. Setbacks Land Use Residential Front (Feet) Side (Feet) Rear (Feet) Maximum Maximum Maximum Category Density Minimum Minimum Impervious Floor Area Building (FLUM (Units /acre) Surface Ratio Ratio per lot Height District) per lot (Percent) Percent Low Density Min. 0.0 Max. Min. 25 7 15 42 NA B Residential 4.0 (LDR ) — 7 of 21 Medium Min 8 4.0 Min. 25 7 15 65 NA B Density Max. 7.0 Residential Max. With (MDR) Mixed Use 15.0 Downtown Max. 10.0 A A A 75 75 A Historic DH Neighborhood Max.:7.0 15 1.0 20 75 75 2 stories Commercial Min. 6.0 Mixed -Use Max. 10.0 (NCMU) Max. 15.0 With Mixed Use Infill and See 3.2.1 (H) A A A 80 See 3.2.1 (H) A Mixed -Use (IMU Industrial See LDC 2.3.4.4 A A A 80 100 A IND 2.3.3 Public /Instituti 0 A A A 75 50 A onal (P /1) Conservation Max. 1.0 NA NA NA 5 NA A (CON Transit Village Min. 12.0 A A A Established by underlying A (TOD) F=9F Max, �, M se e Future Land Use Category in Overlay IJRder;Y'Rg the Longwood Comprehensive District F�k1M- Plan. G ate g er y d GeMpFeheRSW e Plan See 3.2.1 (J) C. Gategery and aFe aggregated under the same ownership, may when reviewed as a plaRned development, utilize all appliGable standards ef the IMIJ land use fer the entiFe . development reviewed as a Planned Development pursuant to Sec 10.4.0 of this Land Development Code, that contains adjoining parcels in both the IND and IMU categories may utilize all applicable standards of either the IND or IMU land use for the entire protect. D. Accesso accessory dwelling structures such as accesso dwelling units, sheds, screen enclosures dumpster enclosures, decks, patios, shall maintain a rear and side setback of no less than 7 feet. 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 bui pe e l decks patio areas or similar accessory structures, as long as all other requirements including impervious surface requirements and landscape buffers are met and as long as the structure does not exceed the height of the proposed fence. H. Maximum 8densities and intensities for the infill and mixed -use category are established in the Future Land Use Element of by the Comprehensive Plan, and are distributed through the Planned 8 of 21 Development (for projects at or above two acres) or conditional use process ; (for projects under two acres). When allocated through the conditional use process, City Commission approval of the Conditional Use Permit is required. Applicants wishing to receive density and intensity bonuses must demonstrate as part of their application that the project is significantly more consistent with the i of the Longwood Design Guidebook than a project without the bonus. The applicant must demonstrate that the project exceeds the standards of the Design Guidebook and Development Code by providing a higher quality of design, including but not limited to the furthering of multi -modal transportation options, the provision of public amenities, and well - designed civic spaces and community activity centers. I. Densities and intensities for NCMU and MDR categoriesy are limited to the amounts allowed by the Comprehensive Plan through either the planned development or conditional use process. In the MDR District, the highest amount of density and intensity may only be reached in a mixed -use project. In the NCMU district, the highest amount of density and intensity allowable may only be reached where uses are mixed or combined, 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 applicant must demonstrate that the project exceeds the standards of the Design Guidebook and Development Code by providing a higher quality of design, including but not limited to the furthering of multi -modal transportation options, the provision of public amenities, and well - designed civic spaces and community activity centers. J. Density and Intensity in the Transit Village Overlay. For projects in the Transit Village with an Infill and Mixed -Use (IMU), designation, the following additional standards apply: 1. All development that is 600 feet or less from the SunRail station must be ve mixed -use and may have a density of up to 50 du /acre and a maximum FAR o f up to 3.5. 2. Mixed -use development that is more than 600 feet from the SunRail station but within the boundaries of the Transit Village may have a density of up to 50 du /acre and a maximum FAR of up to 3.5. 3. Single -use development is only permitted more than 600; feet from the SunRail station but within the boundaries of the Transit Village has an allowable density of 35 du /acre and a maximum FAR of 2.5. 3.5.3. General landscaping requirements. E. The Community Development Services Director may provide for minor modifications to the landscaping requirements of this section for projects that are reviewed unde the Green Building Program as described in Article XI of this LDC. The director may adjust requirements as they relate to size, type, and placement of landscape materi to facilitate compliance with green building standards as described in LDC 11.0.7, provided that there is no net loss in the total amount of landscape material and that the modification will not result in a reduction of the effectiveness: of required lands 9 of 21 buffers between the preen building protect and adjoining residentially zo ned or utilized parcels The applicant must make a written request of the director in dicating the specific changes requested and demonstrating compliance with this s ection. require to facilitate compliance with green building standards as described in LDC 11.0.7, as long as there is no net loss in the total amount of landscape material provided. 3.9.0. - Stormwater management. 2. Detention / retention shall not be located adjacent to ales transportation corridors unless designed as a-n a public amenity by a registered Landscape Architect and that does not interfere with optimal bicycle /pedestrian access. To be considered a public amenity, the retention area must be landscaped and include seating areas) passive recreation areas and ped estrian paths. 5.3.3. Fences. F. Allowable fence materials shall include aluminum, treated wood, masonry, wrought iron, and vinyl. Chain link fencing is only allowed in the following situations: 1. When enclosing retention ponds located in rear yards or telecommunication towers. If chain link is used in this manner, it must be black or green vinyl chain link, no taller than eight feet, and screened from view by landscaping or opaque fencing if adjacent to residential or mixed -use properties or visible from the street. 2. As perimeter fencing in the rear yard of industrial property when chain link fence will directly abut another industrial property. Chain link fencing used in this manner must be either green or black vinyl coated and must be separated from adjacent p roperties by a landscape buffer. 3 As temporary fencing for construction sites special events temporary us es, as provided for by this Development Code. 4 As an extension of up to 20% the length of an existing legally non - confo fence to comply with the Florida Building Code as it relates to enclosing pool area 5.4,18. Crematoria Crematoria are permitted only in the Infill and Mixed Use District as an accessory use to a funeral home Crematoria are defined as property, structures and other app urtenances a nd improvements used solely for the incineration of dead human bodies for funeral (burial) purposes. Crematoria may be approved pursuant to the following standards and requirem 10 of 21 A. A site plan application in accordance with the Longwood Development Code, Section 10.2.0, along with payment of applicable fees shall be submitted to the Community Development Services Department. ' B. Applications shall include a Citizen Awareness and Participation Plan (CAPP). C. No crematorium shall be permitted within 150 feet of an existing residential unit. This distance shall be measured in a straight line between the two closest points of the respective buildings. D. Landscape buffers along property lines adjacent to residentially designated or used parcels (along with those residential properties separated from the crematorium u:;e by an easement or Right of Way) shall meet or exceed the standards for bufferyard "B" as described in the Longwood Development Code, Section 3.5.0. E. The development must be found to be consistent with the parking and landscape standards of this Development Code. F. A crematorium shall be a private facility incidental and subordinate to the prii funeral home use. In the event that an entity operates more than one funeral home licensed under the same name within the city limits of Longwood, the crematorium ma also serve those facilities. At no time shall a crematorium serve any entity outsi of the city limits, whether the entity is licensed under the same name as the funeral home or through an agreement with another similar entity. The City Commission may consider applications for accessory crematoriums that serve entities licensed under the same name that are outside of the city only through the conditional use' permit process. In addition to the requirements of 10.3.0 pertaining to conditional uses and all other requirements of this section the applicant shall provide information detailing the number of facilities that will be served by the crematorium, their location, estimated number of deliveries associated with each entity, anticipated increases to the intensity of use, and whether the other services typically associated with crematoria will be provided for at the Longwood location or at the point of origination. In reviewing a conditional use permit, the City Commission shall consider the requirements under Section 10.3.0 and the following factors prior to approving, approving with conditions, or denying the request: 1. Proximity to residential uses or residentially zoned properties. 2. Proximity to businesses that are incompatible with the more industrial nature of a crematorium (restaurants, civic spaces, schools, child /senior care etc). r 3. The number of additional facilities outside the city of Longwood being served. 4. Whether the additional intensity of the use creates adverse environmental or aesthetic impacts on adjacent properties. 5. Whether the additional intensity of the use creates traffic impacts on adjacent roads or properties 11 of 21 6. The intensity of the crematorium shall not be increased in such a manner to w here the intensity of the use exceeds the generally accepted definition of an accessory use. The City Commission may attach any conditions to the approval of the conditional use that they deem necessary to protect the best interests of the city and the surrounding property owners. 6.1.0. a General provisions. 6.1.4. Definitions. Fr-ee-s fa P di - Pg s4n. A sign plaGed, not supported permanently, upen the ground by poles or braGeS nrl nnt' --- a - nhed to any buildin Ground sign: A sign having no more than two faces that is supported by one or more columns, poles ( where allowed by this Development. Code) or braces extended from the ground or from an object on the ground, or that is erected on the ground, where no part of the sign is attached to any part of a building. Mansard sign: Any sign installed on the lower rafter of a mansard roof or parapet wall de signed to appear as a roof and not extending above the highest point of the roof or wall at any point. A mansard sign shall be parallel to the roof, wall or building and shall not extend outside the limits of the bu ilding or roof. A mansard sign is not considered to be a roof sign if it meets the conditions described ab 6.1.6. Nonconforming signs. B. Loss of legal nonconforming status. A legal nonconforming sign may lose this designation and become illegal if: 1. The sign is relocated or replaced without proper approval. 2. The structure or size of the sign is altered in any way except to be brought into full compliance with this Ordinance. A building permit shall not be issued for a structural alteration to a nonconforming sign except as allowed for in 6.1.6 (C) or if the sign is in full 12 of 21 compliance with the Land Development Code. This does not refer to change of copy and sign face changes for businesses that have a valid Business Tax Receipt. 3. The primary structure to which the sign is accessory is demolished. 6.2.0. - Prohibited signs. 6.2.2. Specifically. The following signs are expressly prohibited unless exempted by this Code or expressly authorized by this Code: J. Signs attached to the roof of any building or attached to the building which project above the roof or are suspended above the roof except for mansard signs 6.4.0. - Permitted permanent on -site signs. 6.4.1. Sign types allowed. A permanent sign may be a monument sign or building sign a an accessory structure to a non - residential use as allowed by this Code 6.4.4. Specially regulated signs. D. Directional signs. 4— On -site directional signs. On -site directional signs at each access drive may be permitted in multi- family and non - residential areas and are limited in area to four squamE feet and in height to 3.5 feet, including embellishments, giving directions to motorists regarding the location of parking areas. These signs shall be permitted as permanent signs on all parcels and shall not be counted as part of the allowable sign area for that parcel. Signs shall not be placed within any public right -of -way. 2. Off -site directional signs are prohibited unless mart of ' district -wide Commission approved wayfinding program A ll off site dir signs sh,_,��_i._ a pe r m it a nd 6 q." he su bject to the following guidelines and requirements: a. Off-sote doreGtional signs may be permitted On the IMI- . and mixed tA i -la -rid se dictriGtc 13 of 21 t b. The rnaxm'4un:�-�y aFea ef an off site direGtienal sign is 25 square feet. G. The maximurn height ef aR eff-646-difeGtiGnal sign gzhnll hP 15 feet and shall be determined aGG0rdiRg to the 4. —An offs;te tional sign shall P ler-ateedd-en private preperty and Gnly in the leGations approved, othenNise it shall be Gens' R_ An eff site direGt.enal sign is to be _set -baGk at least five feet from any right-of-way f. Only GRe )ff-site d;reGt sign may be allowed er permitted peF parGel with written permission frGrn the preWy owner. Off site direGtienal signs shall no GGunted against the total allowable signage for the preperty�. Off site diFeGtiena SigRS shall adhere to all design Griteria appliGable to permitted on site signage iRGluding but not limited to sign type, base materials, and l . e st a bli s hment , R or event ames � '" OT�a event -� C9Tl.A 4A 6.5.0. a Off -site signs (billboards /fosterboards). 6.5.1. Generally. A. Where allowed. Off -site signs ( Billboards and Posterboards) are allowed in infill and mixed - use and industrial as designated on the future land use map of the City of Longwood pursuant to the standards of this section Off -site signs are prohibited in the historic land use district of the City of Longwood. 6.6.0. - Temporary signs. 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, ,an approved temporary sign permit for new business, grand opening, or development signs, shall not be subject to this separation requirement. B. On -site. Temporary signs described in this section shall be on -site type sign. C. Encroachment on public property. No part of any temporary sign may encroach into public right -of -way, public property or public easement unless described herein. D. Temporary signs shall not be higher than 15 feet from ground level at the sign base and 14 of 21. shall not exceed 32 square feet in size, unless otherwise provided for in this section. E. Sign construction. The copy area of all temporary signs must be professionally prepared, neat in appearance, and well- maintained. F. Visibility: All signs shall be designed and located so as to not interfere with the visibility at any intersection, driveway or otherwise create any traffic or pedestrian hazards_. G. Signs located within a sight -line distance as defined in LDC ;3.8.0 shall conform in accordance with this Code, unless otherwise exempted. Sight -line clearance distance for signs shall be a triangular area formed by the intersection of two or more public right -of -way or private street or driveway with two sides of the triangle being 25 feet in length along the abutting right-of- way /property lines, measured from their point of intersection, and the'' third side being _ line connecting the ends of the other two sides. In case of private drives the measurement shall be the same as above but will be measured along the edge of pavement and the intersecting right- of-way. H. Setbacks. All signs shall be located no closer than five feet from any right -of -way or K)ublic property unless otherwise identified herein. Setback shall be measured from that part of thEL sign or sign structure closest to the street. I. Over right -of -way. No sign shall project over, into, or on a public right -of -way except as permitted by this Code. J. Blocking exits, fire escapes etc. No sign or sign structure shall be erected that impeder use of any fire escape, emergency exit, or standpipe. K. Over pedestrian way. All signs over pedestrian ways shall be a minimum of seven feet above pedestrian way. L. Vehicular. Shall provide a minimum of 17 feet of vehicular clearance as required by C it of Longwood Police Department. i 10.2.0. - Site development plans. 10.2.2. Procedure for major and minor site development plans. K. The Community Development Services director may approve a minor deviation from the final development plan. Minor deviations must be authorized in writing. Minor deviations that ma be authorized are those that appear necessary in light of technical and engineering considerations brought to light by the applicant or the Community Development Services director and shall be limited to the following: 1. Alteration of the location of any road or walkway by not more than five feet. 15 of 21 2. Reduction of the total amount of open space by not more than five percent or reduction of the yard area or open space associated with any single structure by not more than five percent, provided that such reduction does not permit the required open space to be less the requirements of the Development Code 3. Alteration of the location, type or quality of required landscaping elements L. Changes that do not fall under the definition of a minor deviation shall require a site plan amendment. 10.3.0. m Conditional use permits. 10.3.1. Intent. D. Conditional use permits, with City Commission approval, may be used to allocate density and intensity bonuses for projects under 2 acres in size. 10.3.4. Procedures for approval. F. Consideration by community development services department. The community development services director shall approve, approve with conditions, or deny the conditional use permit. If the conditional use permit includes the allocation of density and intensity bonuses or is otherwise required by this LDC to be reviewed by the City Commission, the item will be placed on the agenda of the next available city commission meeting following the recommendation of the community development services director and allowing for required notice. The department shall prepare a report on whether the application complies with the Comprehensive Plan and the provisions of this Land Development Code, and this report shall be made available as part of the meeting agenda. 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 shall approve, approve with conditions, or deny the conditional use permit application. 10.3.5. Amendments to and modification of permits. p rGvide rey plans reflentiRg those nhaRges A. The Community Development Services director may approve a minor deviation from the final development plan associated with the conditional use permit. Minor deviations must be authorized in writing and can not affect any condition of approval of the conditional use permit. Minor deviations that may be authorized are those that appear necessary in light of technical and engineering considerations brought to light by the applicant or the Community Development Services director and shall be limited to the following: 16 of 21 1. Alteration of the location of any road or walkway by not more than five feet. 2. Reduction of the total amount of open space by not more than five percent or reduction of the yard area or open space associated with any single structure by not more than five percent provided that such reduction does not permit the required open space to be less the requirements of the Development Code 3. Alteration of the location type or quality of required landscaping elements S. 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 an amendment to the conditional use permit a new app 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 parking spaces as approved; 3. Substantial changes in the approved location of principal and /or accessory structures; 4. Structural alterations significantly affecting the basic size, form, style, ornamentation and appearance of principal and /or accessory structures as shown on the approved plans; 5. Substantial changes that negatively impacts approved pedestrian or vehicular access or circulation; and 6. Substantial change that negatively impacts approved amount or location of landscape screens or buffers. 7. Any change that impacts a condition of approval for the conditional use permit. H. 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 appeal shall be the same as is provided in section 10.12.0, Appeals, for appeals, from decisions of the community development services department. In cases where a public hearing before the City Commission is required, The decision of the city commission shall constitute a final action for the pit and may, thereafter, be appealed to circuit court in accordance with Florida Law. 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 City Commission beam --e# 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 City Commission bo -r" 'd" ;t . No special notice for the City Commission board of adjustment hearing shall be required. 1.7 of 21 F SECTION 2 : The Longwood Design Guidebook shall be Amended as follows (Words that are s*,-�n ou i are deletions; words that are underlined are additions; Articles, Sections, Subsections and Provisions not referenced in this ordinance are not modified): • The boundaries of the Heritage Village (Transit Village) District, the Lyman District, and the Longwood Boulevard East District shall be amended as shown in `Exhibit A.' • The Future Transit Village Section (Pape 20) shall be amended to include the following: • The rear setback shall be amended as follows: Rear - 20' min al • All parking areas, both surface and structured, shall be surrounded by liner buildings on all primary streets to minimize visual impact and provide for an active street. • Retention ponds shall not be located within the front setback and should be located behind buildings. • Development in the Transit Village shall be consistent with the Block Diagrams and all related standards on Page 3. • Direct, safe connections and accommodations for public transit, bicycles, and pedestrians that provide internal circulation and connect the site to adjacent properties and walkways shall be provided. • Building fagade treatments shall maintain a pedestrian scale and mitigate building mass mass through the articulation of wall panes, material changes, roof types, transparencV, lighting, and use of awnings. • Architecture should be of a consistent quality/, detail, and permanence. Compatibility in scale, configuration, materials and colors with surrounding development is required. Strict uniformity with other buildings is not required or encouraged. • Architecture in the Transit Village shall be of one of the architectural styles described in the Longwood Design Guidebook. • In order to create an environment that is supportive of pedestrian and transit mobility, public sidewalks shall be located along both sides of all Transit Village District streets. No sidewalk shall be less than 15 foot in width. The 15 foot minimum requirement shall 18 of 21 apply regardless of available right-of-way. Where required, the sidewalk shall 'extend onto private property to fulfill the 15 foot minimum requirement with a 'si&walk easement provided. The Sidewalk shall consist of two zones: a street tree /furniture zone located adjacent to the curb, and a clear zone. SECTION 3 : CONFLICTS. If any ordinance or part thereof is in conflict herewith, this Ordinancd 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. SEC'T'ION 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 ;riven 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 PLANNIN AGENCY FEARING: FIRST READING: � l�1 � Li 2 1 � 2 D l I SECOND READING AND ADOP'T'ION: z4UAq S4- PASSED AND ADOPTED THIS DAY OF At U 5 - (:� 2 011 / aY 14i1�,JL�JC DYJRS ®j MAYOR 19 of 21 ATTEST: �. n SARAH M. MIRUS, MMC, MBA, CITY CLERK Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only. o� DAME LA L C ATTORNEY 20 of 21 EXHIBIT A g 7 - Transit Villa ep i1� ! �� �11_L L-C ! . � Lli= l LJ U 1 -J -L! �_� L. I I I _ 3 17__l I I � I -- I - Historic Core B ERM ELI' '� --� �� �.. ._Longwood -- -- -. j Longwood _..__. F 17n 434 - Do' �I�iVal U East Artisan iL7 an 427 Village Lyman 21 of 21