PLEASE VISIT NEW PAGE http://www.seminolecountyfl.gov/gm/planning/FLUamend.aspx
HOW TO DETERMINE THE FUTURE LAND USE OF PROPERTY
A property’s future land use designation can be obtained from either the Planning & Development Division at (407) 665-7441 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 & Development 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.
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 Future Land Use Designations and Zoning District Regulations (PDF) [154KB]
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 fewer. A small scale amendment may also include a text amendment directly related to the property for which the amendment is requested. (A text amendment is an amendment to the written part of the Comprehensive Plan, such as a change to a goal, objective, policy or other written part of the plan.)
B. LARGE SCALE
Any change in the text of the Seminole County Comprehensive Plan that is not related to a specific property OR any change in the future land use map that involves land areas greater than 10 acres.
WHO CAN REQUEST A FUTURE LAND USE AMENDMENT?
Plan amendments for parcels of real property within unincorporated Seminole County may be initiated by property owners or by agents of property owners by written consent of the property owner.
Plan amendments not associated with specific parcels, where text changes to a comprehensive plan element or elements are requested, or where a change stands to affect large areas of the unincorporated county, may be initiated by any interested party, including the Planning and Zoning Commission and the Board of County Commissioners. Any type of future land use text amendment may also be initiated by the Planning and Zoning Commission, or the Board of County Commissioners.
THE COMPREHENSIVE PLAN MAP AMENDMENT PROCESS
All proposed future land use amendments (except for small scale amendments) must be reviewed by state and regional review agencies, following public hearings by the Planning and Zoning Commission and Board of County Commissioners. A minimum of 30 days is required for the state review agencies to provide their comments. Upon receipt of a comment letter from the State Land Planning Agency, the Board of County Commissioners has 180 days to adopt, adopt with changes, or decline to adopt the amendment. The adopted amendment is then submitted to the state and regional review agencies for final comments, and cannot take effect until 31 days after adoption by the Board of County Commissioners. (The State Land Planning Agency or an affected party does have the right to request a hearing at the state level to challenge the adoption.)
Future land use amendments are first reviewed through the pre-application process, and are submitted through ePlan.
An applicant who is unfamiliar with the County’s Comprehensive Plan may wish to request a conference with Planning & Development Division staff. The Division is located as follows:
Seminole County Services Building
1101 East First Street
Sanford, FL 32771
The applicant should first review the County’s Comprehensive Plan
and Land Development Code
to determine whether the proposal meets of the County’s requirements and is consistent with trends of existing development. The applicant may also choose to concurrently submit an application for a rezoning when the request is not for Planned Development (PD) Future Land Use. Where a rezoning may generate an 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.
An application for an amendment to the Planned Development (PD) Future Land Use designation must be accompanied by a rezoning application.
A future land use amendment application must be signed by the property owner(s) or a notarized letter of authorization must be provided.
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 Planning & Development Division, which may be contacted at (407) 665-7441.
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 notarized letter of authorization must be provided.
Planning & Zoning (covers Land Use Amendments and Rezonings):
Application (PDF) pending update
Attachment A (if needed) (PDF) pending update
Link to required forms:
Owner Disclosure Form
Owner Authorization Form (if needed)
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 (with Attachment A if needed).
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 9 (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 Seminole County 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) School Capacity Determination Letter from the Seminole County School District if the proposed amendment would increase residential densities.
19) 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.