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19-2156 Amending LDC Article III, V, VI, IX, X, XII to Streamline and UpdateORDINANCE NO. 19-2156 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING THE LONGWOOD DEVELOPMENT CODE, ARTICLE III DEVELOPMENT DESIGN STANDARDS, ARTICLE V SUPPLEMENTAL STANDARDS, ARTICLE VI SIGNS, ARTICLE IX HARDSHIP RELIEF AND SPECIAL EXCEPTIONS, ARTICLE X ADMINISTRATION, AND ARTICLE XII HERITAGE VILLAGE URBAN CODE TO STREAMLINE AND UPDATE THE LONGWOOD DEVELOPMENT CODE, AND PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, on May 6, 2002, the City Commission of the City of Longwood enacted the Longwood Development Code (Ordinance 02-1599), as was amended from time to time, pursuant to the requirements of Chapter 163.3202, and Chapter 166.041, Florida Statutes; and WHEREAS, Chapter 163.3174 (4) (c), Florida Statutes, requires the Land Planning Agency to review proposed land development regulations, or amendments thereto, for consistency with the adopted Plan, as may be amended; and WHEREAS, the Land Planning Agency (LPA) held a public hearing on August 14, 2019 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 desires to protect the character of residential and commercial areas and preserve the value of the property throughout the City; NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, AS FOLLOWS: SECTION 1. The Longwood Development Code shall be Amended as follows (Words that are A are deletions; words that are underlined are additions; Articles, Sections, Subsections and Provisions not referenced in this ordinance are not modified): ARTICLE III: DEVELOPMENT DESIGN STANDARDS 3.2.0 Site Design Standards Section 3.2.1.0 D. Setbacks and height requirements for accessory structures are as follows: 1. Accessory structures including, but not limited to, accessory dwelling units, sheds, screen enclosures, dumpster enclosures, decks, patios, swimming pools, hot tubs, and their associated deck/patio areas, attached canopies, condenser units and pads may encroach into the side and rear setbacks and shall maintain a distance from the property line of no less than seven feet (or three feet in Ordinance No. 19-2156 Page 1 of 8 MDR-15 and MDR-7). Where a property is located within a commercial or industrial zoning district and is located adjacent to another commercial or industrial parcel, the setback for an accessory structure may be reduced to 3 feet in instances where the seven foot requirement is deemed impractical by the Community Development Director. Section 3.2.3.D. 12. When a proposed commercial or industrial development is adjacent to a parcel with a future land use of LDR or MDR, an eight -foot tall brick wall shall be erected along all property lines where the two land uses meet. Stone or a material that duplicates the quality and material of brick or stone, including stucco, split face block, and precast concrete or synthetic walls, may also be used in lieu of brick. If the development borders a lake or conservation area, those sides which front the lake or conservation area shall not require a wall. If any property line of a proposed development abuts an existing drainage or power easement where the construction of a wall is either prohibited or deemed impractical, those sides abutting that property line shall not require a wall. The Community Development Director may require an alternative landscape buffer and/or fencing either inside or outside of the easement area to meet the intent of the code. Where there is an office use proposed, the applicant may seek a waiver to place a fence rather than a wall pursuant to LDC section 9.2.4(C)(3). 3.6.0 Mobility and Parking Requirements Section 3.6.1.0 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. All access ways for a proposed development that do not meet City Code shall be brought up to code and shall meet the streets and stormwater requirements for the City. Where permits are required for resurfacing of parking lots, the parking lot shall be striped, ADA compliant handicap spaces shall be provided, and the parking lot shall otherwise be brought into compliance with this Code to the maximum extent practicable. 17. Fleet vehicles are allowed on the same parcel as the principal business in the Infill and Mixed -Use and Industrial land use districts; except withiR the Heritage Village. In the Heritage Village, fleet parking will only be allowed in the Neighborhood Edge with Workshop Overlay and the SR 434 Corridor. Fleet vehicle parking must be located within improved, code compliant parking areas, when it can be shown that there is adequate parking on the site to support the approved uses on the site along Ordinance No. 19-2156 Page 2 of 8 with the fleet vehicles. The fleet vehicle parking shall not be located within the front yard of a parcel. Fleet vehicle parking shall be screened from adjoining uses by a fence and a class A buffer yard. Where, as a result of lot configuration, fleet vehicle storage is proposed adjacent to any right-of-way or where it is adjacent to any other land use district other than Industrial, the fleet vehicle storage area shall be fenced with an opaque fence, set back from the ROW or adjoining property line by at least 25 feet, and screened by a class C buffer yard. Section 3.6.1.F Sidewalks and Pedestrian Connectivity 1. An internal pedestrian network shall be provided that is separate from the vehicular network and does not require pedestrians to mix with vehicular traffic except inside of a marked crosswalk in order to access buildings or other points of interest on site. Sidewalks shall be constructed adjacent to the curb shall be a minimum of six feet in width. If a buffer strip is provided between sidewalk and back of curb, it shall be a minimum of 3 feet which may be reduced to no less than two feet at the discretion of the City Engineer or a designee when a physical constraint exists. Sidewalks FeqUiFed aS Pak of the inteFna' pedestrian ^^"•••^-'- may be a minimum of four feet when physical constraints exist at the discretion of the City Engineer or a designee provided that the sidewalks have passing spaces of at least five feet by five feet at internals not exceeding two hundred feet. ARTICLE V: SUPPLEMENTAL STANDARDS Section 5.3.3.1) Fences 2. Fences shall not exceed eight feet in height in any side or rear yard. An eight foot fence may be permitted in the front yard on the flag portion of a flag lot. Where a lot abuts a neighboring property with an existing eight foot fence, the lot may also have an eight foot fence along that property line. ARTICLE VI: SIGN REGULATIONS Section 6.1.4 Definitions Direct Lighting: When the majority of the light spread of a fixture falls on a specific object or area. Indirect Lighting: When the light spread that lands outside of the direct scope and lights objects other than those in the direct illumination spread. Directional Sign: A sign providing direction or instruction and located entirely on the property to which it pertains and does not advertise a business, such signs including, Ordinance No. 19-2156 Page 3 of 8 but not limited to; directions to restrooms; public telephones; walkways; parking lot entrances; entrance or exit signs. A directional sign may identify the business by including their name on a sign. Window: An opening in the wall or roof of a building or vehicle that is fitted with glass or other transparent material in a frame to admit light or air that is not covered by any opaque material beyond allowable window signage or blocked by merchandise and which allows people to see in or out. Windfeather Sign: A sign of narrow vertical orientation comprised of a frame pole and/or base which may be made of metal, plastic or any other substance, to which a vinyl, nylon, canvas, polyester, or other type of fabric sign is attached. 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: CC. Signage or other opaque coverings of various materials, outside of allowable window signage, that blocks visibility through a window. Windows may only be covered during construction while an active building permit exists for the business. Section 6.4.3.A, B and C (Tables) Additional Standards Projecting Signs Section 6.8.2 Removal of Illegal and/or Unsafe Signs A. Unlawful signs, other than those within the public right-of-way, shall be physically removed by the city after giving ten days' notice, via certified mail, to the owner. The eity Shall FetaiR SigRS S9 Femeyed feF seven days befWe disposal. QwneFS May Fe69 A Femeyal and StWage of sign plus any fines aAd�BF peRaltier, vlohieh may have aGC-FLI B. All signs that are placed in the public right-of-way or on public land that are not placed there in accordance with this Code shall be considered illegal signs and subject to removal or caused to be removed immediately by the qualified designated city representative. . Ordinance No. 19-2156 Page 4 of 8 C. If the qualified designated city representative shall find that any sign regulated under these regulations is unsafe or unsecure, he shall give written notice to the permittee thereof. If the permittee fails to remove, repair, or alter, the sign so as to comply with the standards set forth in the City of Longwood Codes and/or the Florida Building Code, and its amendments, within seven days after such notice, such sign may be removed by the city and the cost assessed to the property owner of record. D. If the qualified designated city representative shall find that any sign regulated under these regulations is an imminent danger to the health or safety of the general public, he upen the aPPF8VaI of the city FnaRageF, shall remove or cause the removal of the sign or portion thereof that present the hazard. The eity shall FetaiR sign S^ "^".A_yPd SigR Was ^d ARTICLE IX: HARDSHIP RELIEF AND SPECIAL EXCEPTIONS Section 9.3.4 Commission review. The city commission shall hold a public hearing to consider all requests for special exceptions to the Code. At least ten days prior to the hearing date, notice of the time and place of such hearing shall be published in the official newspaper of the City of Longwood. The applicant shall send written notice pursuant to the requirements for mailed notice set forth in section 10.0.6.6.1 of the public heaFiR^ by eeFtified Mail For special exceptions in the Historic District, all property owners in the District shall be notified. Such notice shall be given not less than ten days prior to the date set for the public hearing by posting such notice, properly addressed and postage -paid to each owner of record as it appears on the most recently approved tax roll. In addition the site shall be posted pursuant to the requirements for site posting set forth in Section 10.0.6.B.3. The applicant is responsible for all costs and fees associated with such notification. ARTICLE X: ADMINISTRATION Ordinance No. 19-2156 Page 5 of 8 Section 10.0.6.13.1 Specific Types of Notice When mailing of notices is required in this article, the notice shall be sent to the applicant (where applicable), all property owners within 300 500 feet of any boundary of the subject parcel as shown on the Seminole County Property Appraiser records, and to the registered point of contact for any affected property owners' association registered with the department. Where the property owners' association point of contact is registered with the City, the notice shall also be sent to them by e-mail. Notices shall be mailed by certified mail or proof of mailing, unless otherwise specified. The notice shall be mailed not more than 30 days prior to the hearing and not less than 15 days prior to the hearing. Section 10.2.2.G. Formal Review for Site Development Plans 1. Within five working days of receipt of a complete site development plan application, the applicant shall provide notice by eeFti ed Mail eF PFeef of ^ ailiFi - to ^ e" .+ti:rn frnmthe6.,Af the P eFty subject to the pFepe „a deyelepmem plan pursuant to the requirements for mailed notice set forth in section 10.0.6.13.1 ^f +"*, artorcl , and provide notice by e-mail to each city commissioner. The notice shall inform the recipient that complete plans of the proposed development may be viewed at the department. Each city commissioner may request formal review of the site development plan by the city commission within 15 days of receiving notice. In addition the site shall be posted pursuant to the requirements for site posting set forth in Section 10.0.6.B.3. Section 10.5.3. Public Hearings C. Notice of intent to consider a development agreement shall be mailed teal! PF8pekry pursuant to the requirements for mailed notice set forth in section 10.0.6.13.1 approximately seven 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. In addition the site shall be posted pursuant to the requirements for site posting set forth in Section 10.0.6.6.3. Section 10.10.2.0 Submittals Letters of approval or opposition from the adjacent property owners of record if applicable. Section 10.14.2 Plats Ordinance No. 19-2156 Page 6 of 8 F. Building permits for the construction of residences shall not be issued until the final plat has been approved by the city commission and recorded with Seminole County. A building permit for up to four single family model homes or one townhome building in a fee -simple ownership development to be used ^A "^ effiene may be issued prior to the final plat recording. G. Formal review for preliminary plats. 1. Within five working days of receipt of a complete preliminary plat application, the applicant shall provide notice pursuant to the requirements for mailed notice set forth in section 10.0.6.13.1 of this article, and provide notice by e-mail to each city commissioner. The notice shall inform the recipient that complete plans of the proposed development may be viewed at the department. Each city commissioner may request formal review of the preliminary plat by the city commission within 15 days of receiving notice. Heritage Village Urban Code Article 12.7.0 Administration 12.7.6 Special Exceptions All requests for a Special Exception shall meet all requirements of and be processed pursuant to Section 9.3.0 of the City of Longwood Land Development Code. SECTION 2. CONFLICTS. If any ordinance or part thereof is in conflict herewith, this Ordinance shall control to the extent of the conflict. SECTION 3: CODIFICATION. Section 1 of this Ordinance shall be codified; that such sections may be renumbered or relettered to accomplish the intent of this Ordinance. SECTION 4: 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 Ordinance No. 19-2156 Page 7 of 8 or circumstance is held invalid, that invalidity shall not affect other sections or words or applications of this Ordinance. If any part of this Ordinance is found to be preempted or 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: August 14, 2019 FIRST READING: September 9, 2019 SECOND READING AND ADOPTION: September 16, 2019 PASSED AND ADOPTED THIS 161h DAY OF September 2019 MATT MORGAN, MAYOR A' MICHELLE LONGO, CMC, FCRM, CITY CLERK Appr as to orm and legality for the use and reliance of the City of Longwood, Florida, only. DANIEL W. L06EYdTY ATTORNEY Ordinance No. 19-2156 Page 8 of 8