PLANNING
Future Land Use Amendment Requirements, Calendar and Process
HOW TO DETERMINE THE FUTURE LAND USE OF PROPERTY
A property’s future land use designation
can be obtained from either the Planning Division
at (407) 665-7444 or the Seminole
County Property Appraiser website.
If needed, a zoning and future land use letter
confirming the zoning classification of a property
may be obtained from the Planning Division.
The property’s tax parcel identification
number (PIN) or address must be provided to
determine the future land use designation.
The tax parcel identification number can be
obtained from the Seminole
County Property Appraiser’s Office,
which can be contacted at (407) 665-7555.
WHAT IS THE DIFFERENCE BETWEEN FUTURE LAND
USE AND ZONING?
Future land use designations indicate the
intended use and development density for a
particular area, while zoning
districts specifically
define allowable uses and contain the design
and development guidelines for those intended
uses. The Seminole County
Comprehensive Plan may allow (but not guarantee)
various zoning districts within a given future
land use designation. If an owner desires to
use or develop property in a manner that does
not conform to the current future land use
designation, they must apply for a future land
use amendment, which may accommodate an application
for rezoning.
To obtain County support, the applicant should
demonstrate that the proposed future land use
amendment is consistent with the Seminole County Comprehensive Plan. Future land
use applications are decided by the Board
of County Commissioners (BCC). Some applications
may require a rezoning, which can be processed
in conjunction with a future land use amendment
request.
Table
of Zoning District Regulations (Page 1 of 2) (PDF) [247KB]
Future
Land Use Designations and Allowable Zoning
Classifications (Page 2 of 2) (PDF)
[247KB]
Instructions
for Viewing Official Zoning & Future Land
Use Maps (PDF)
[105KB]
Future Land Use Zoning Applications and Forms
Fee Summary
WHAT ARE THE TYPES OF FUTURE LAND USE AMENDMENTS?
A. SMALL SCALE
Any change in the future land
use map that involves land
areas of 10 acres or less OR densities of 10
dwelling units per acre or less.
B. LARGE SCALE
Any change in the text of the
Seminole County
Comprehensive Plan OR any change
in the future land use map that involves land
areas greater than 10 acres OR more than 10
dwelling units per acre.
WHO CAN REQUEST A FUTURE LAND USE AMENDMENT?
Plan amendments for parcels of real property
within Seminole County may be initiated by
property owners or by agents of property owners
by written consent.
Plan amendments not associated with specific
parcels, where textual changes to a comprehensive
plan element or elements are requested, or
where a change stands to affect large areas
of the county, may be initiated by any interested
party. Any type of future land use text amendment
may also be initiated by the Planning
and Zoning Commission, Board of County
Commissioners or
staff.
HOW LONG DOES A FUTURE LAND USE AMENDMENT
TAKE?
All future land use amendments, except for
small scale amendments as defined by Chapter
163.3187, Florida Statutes, are limited to
an adoption schedule that occurs only twice
per calendar year. Future land use amendments
are transmitted to the Florida
Department of Community Affairs (DCA), following public hearings
by
the Planning and Zoning Commission and Board
of County Commissioners. A minimum of 60 days
is required for DCA to complete its Objections,
Recommendations and Comments (ORC) report process.
Upon receipt of DCA’s ORC report, final
action on a future land use amendment is taken
by the Board of County Commissioners.
Future land use amendments must be submitted
at least 45 days in advance of the next regularly
scheduled Planning and Zoning Commission meeting,
which typically occurs on the first Wednesday
of each month. All amendments adopted by the
Board of County Commissioners are transmitted
to DCA but may be exempted from the ORC process.
LARGE SCALE AMENDMENT CYCLE HEARING SCHEDULE
YEARS 2009 AND 2010
COMPREHENSIVE PLAN AMENDMENTS*
* Note that dates are subject to revision both prior to and during the hearing process.
|
|
YEAR 2009
|
SPRING CYCLE |
APPLICATION DEADLINE – December 2008 |
June 3, 2009 |
Land Planning Agency/Planning & Zoning Commission Public Hearing |
July 28, 2009 |
Board of County Commissioners Transmittal Public Hearing |
August-November* |
Review and response by the Department of Community Affairs, other state and regional agencies, and other local governments |
December 8, 2009 |
Board of County Commissioners Adoption Hearing |
FALL CYCLE |
APPLICATION DEADLINE – January 2009 |
July 1, 2009 |
No amendments requested during this cycle |
August 25, 2009 |
September-November* |
December 8, 2009 |
|
YEAR 2010
|
SPRING CYCLE |
APPLICATION DEADLINE – September 30, 2009, at 5:00 PM |
January 6, 2010 |
Land Planning Agency/Planning & Zoning Commission Public Hearing |
February 23, 2010 |
Board of County Commissioners Transmittal Public Hearing |
March-July* |
Review and response by the Department of Community Affairs, other state and regional agencies, and other local governments |
August 10, 2010 |
Board of County Commissioners Adoption Public Hearing |
FALL CYCLE |
APPLICATION DEADLINE – January 29, 2010, at 5:00 PM |
May 5, 2010 |
Land Planning Agency/Planning & Zoning Commission Public Hearing |
June 22, 2010 |
Board of County Commissioners Transmittal Public Hearing |
July-September* |
Review and response by the Department of Community Affairs, other state and regional agencies, and County review evaluation |
October 12, 2010 |
Board of County Commissioners Adoption Public Hearing |
*The time allotted includes the statutory response time for state and regional agencies as well as time for the County and applicant to review and respond to any objections, recommendations and comments from the Department of Community Affairs. The time allotted for the 2010 cycles is to accommodate an expected increase in the number of applications during these cycles.
THE COMPREHENSIVE PLAN TEXT AMENDMENT PROCESS:
With the exception of emergency amendments,
amendments directly related to a Development
of Regional Impact (DRI) or Florida Quality
Development (FQD), amendments to the Seminole
County Comprehensive Plan occur
twice per year, consistent with the large scale
amendment schedule depicted above.
THE LAND USE MAP AMENDMENT PROCESS
The process for initiating a future land use
amendment begins with the Planning Division,
located at:
Seminole County Services Building
Room 2201
1101 East First Street
Sanford, FL 32771
(407) 665-7444
Applications and applicable
fees, based on
an established schedule, are submitted to this
office. The future land use amendment process
is summarized below:
1. Conference with Planning Staff
The applicant should first review the County’s
Comprehensive Plan and Land
Development Code to determine whether the proposal meets all
of the County’s requirements and is consistent
with trends of existing development. Prior
to submitting an application for a future land
use amendment, the applicant is urged to prepare
a preliminary development proposal to discuss
with planning staff. Pre-Application
meetings are also available, should an applicant wish
to be advised by the Development
Review Committee (DRC). Pre-Application meetings are scheduled
by the Development
Review Division, which may
be contacted at (407) 665-7331.
2. Application Submittal
Once a proposal has been prepared, a completed
application package including the applicable
fees is submitted. The applicant may also choose
to concurrently submit an application for a
rezoning. Where a rezoning is perceived to
generate a high impact on the surrounding neighborhood
or community, the applicant is further urged
to hold an information meeting or open house
to inform the affected public of the proposal.
A future land use amendment application must
be signed by the property owner(s) or a notorized
letter of authorization must be provided.
Planning & Zoning (covers Land Use Amendments and Rezonings):
Application (PDF)
Attachment A (if needed) (PDF)
3. Application Distribution and Sufficiency
Review
An future land use application is determined
to be “sufficient” when it contains
the following information:
1) Statement of the request (e.g., request
to amend the future land use map from Low Density
Residential to Commercial for retail use).
2) Applicant’s contact information
including name, mailing address, phone
and fax numbers,
and e-mail address.
3) Project name.
4) Site address.
5) Current use of property.
6) Size of property.
7) Completed Seminole County Future Land Use
Amendment Application.
8) Application filing fee, based on the adopted
2004 fee schedule.
9) Authorization form with written consent
of the owner, when an applicant differs from
the property owner of record.
10) Vicinity map, which clearly shows the subject
property, adjacent properties and their relationship
to the surrounding street network.
11) Boundary survey and legal description of
property.
12) Justification statement explaining
how the proposed amendment further the
goals, objectives
and policies of the comprehensive plan
and specifically Issue FLU 8 (Amendments
to the
Exhibit FLU: Future Land Use Map), which
require amendments to the future land use
map to be
based upon:
•
Generally acceptable planning timing – requested
designation is consistent with goals,
objectives and policies of the Vision
2020 Comprehensive
Plan.
•
Compatibility – requested designation
will be compatible with existing and
future land uses of surrounding areas.
• Public facility
considerations detailed or inferred in
the policies of
the plan if
development at the highest intensity possible under the
requested designation can meet the
adopted concurrency standards.
13) Concurrent rezoning application,
if a future land use amendment request
includes
a concurrent
rezoning.
14) Special studies to justify the proposed
plan amendment, if required. Examples of
special studies, which may be required
are:
• Demonstration that
a proposed amendment is consistent with
the Wekiva River Protection
Act if within the Wekiva River
Protection Area.
• Traffic studies
to identify the ability of the road network
to accommodate the land
use with the existing or programmed network, near-site
improvements, project phasing,
etc.
• Wetlands mitigation
plans, where disruption above code requirements
is proposed to
accommodate the proposed amendment.
15) Concurrency application or concurrency
deferral affidavit. Unless specifically
requested by the applicant, a concurrency determination
will not be made in conjunction
with a future land use amendment (and associated rezoning
if applicable). However, a concurrency
test will be required in conjunction with the first
final development order for the
property.
16) Water / sewer provider letter
for future land use designations
that require
central
water and sewer service. If the
site proposed for a land use amendment
is not presently
located within water and sewer
service
area boundaries
as currently depicted in the comprehensive
plan, the application must include
a letter from an appropriate utility
service provider
that states the following regarding
central water and / or sewer service:
• That the utility
is, or will be, both willing and capable
of providing sufficient capacity
and service to the site;
and
• What formal, legal
steps (if any) the utility must undertake
to extend service to the
site, and when the utility will undertake such
steps; and
•
That the utility would support and recommend
the County amending its comprehensive plan
service area maps in conjunction with the applicant’s
land use amendment; and
•
That the expansion of service to the site
would not have a negative impact on levels
of service
in the utility’s
existing service areas.
17)
Supplemental information
provided by request of
the applicant.
18) Copy of fully executed
sales contract, if applicable.
The applicant may be requested to submit
additional information or revise the proposal
as a result
of the sufficiency and development review
processes. When the application is deemed
to be complete,
it is reviewed for compliance with the County’s
Comprehensive Plan and Land
Development Code and scheduled for public hearing.
4. Review of Future Land Use Amendment Application
The application is reviewed by staff to ensure
the proposed development or range of allowable
development complies with the County’s
development policies. The County may retain
or employ consultants to assist in the review
of the application, especially in the assessment
of transportation and environmental impacts,
and in making recommendations to the Planning
and Zoning Commission and Board
of County Commissioners.
5. Planning & Zoning (P&Z) Commission
/ Local Planning Agency Public Hearing
Seminole County’s Planning and Zoning
(P&Z) Commission consists of volunteer,
unpaid members appointed by the Board of County
Commissioners (BCC) to advise on planning and
land development matters. Regular meetings
of the P&Z occur on
the first Wednesday of each month at 7:00 p.m.
No later than 15 days prior to the P&Z
public hearing, a public notice (placard) is
physically posted on the subject property by
the applicant detailing the applicant’s
request. Approximately 10 days in advance of
the hearing, a notification letter detailing
the future land use amendment request is sent
to all property owners within 300 feet of the
property under consideration, and a legal ad
explaining the same is published in the Orlando
Sentinel.
Any affected party may submit comments or
testify at the public hearing. The applicant
is strongly encouraged to attend the public
hearing to present and respond to public concerns
regarding the proposal. After receiving staff’s
written recommendations and input from both
the applicant and the affected public on the
future land use amendment application, the
P&Z makes a recommendation to the BCC.
If the P&Z does not support the application,
the applicant may revise the proposal to respond
to the concerns identified during the P&Z
public hearing.
6. BCC Transmittal Public Hearing
No later than 15 days prior to the BCC public
hearing, a public notice (placard) is physically
posted on the subject property by the applicant
detailing the applicant’s request. Approximately
10 days in advance of the hearing, a notification
letter detailing the rezoning request is sent
to all property owners within 300 feet of the
property under consideration, and a legal ad
explaining the same is published in the Orlando
Sentinel.
The BCC regularly meets on the second and
fourth Tuesdays of each month to conduct public
hearings. The BCC will typically hold an adoption
public hearing for small scale amendments and
both adoption and transmittal public hearings
for large scale amendments.
7. Transmittal of Future Land Use Amendments
to DCA
Following BCC approval, all future land use
amendments are transmitted to DCA. Small scale
amendments become effective 31 days after transmittal,
unless appealed by DCA. Large scale amendments
are distributed to various state and regional
agencies for a 30-day review period. DCA will
generally take 30 additional days to review
the comments received and make additional remarks
before sending a recommendation (ORC) to the
County.
8. BCC Adoption Public Hearing (Large Scale
Amendments Only)
After receiving comments from DCA, the BCC
has 60 days to adopt, adopt with changes or
not adopt the proposed future land use amendments.
No later than 15 days prior to the BCC adoption
hearing, a public notice (placard) is physically
posted on the subject property by the applicant
detailing the applicant’s request. Approximately
10 days in advance of the hearing, a notification
letter detailing the rezoning request is sent
to all property owners within 300 feet of the
property under consideration, and a legal ad
explaining the same is published in the Orlando
Sentinel.
After adoption, large scale amendments are
subject to a 45 day compliance review period
by DCA, after which it will publish its decision
as a Notice of Intent (NOI). Following the
lapse of a 21 day appeal period thereafter,
amendments become effective and the official
future land use map is revised to reflect the
newly approved amendments.
Fees
based on 2004 Fee
Schedule, adopted by the BCC on December
9, 2003 (Resolution 2003-R-210)
There
is an online
Fee Calculator available to assist
in obtaining an ESTIMATE of your possible
fees.