PD Rezoning Process & Requirements
HOW TO DETERMINE THE ZONING OF PROPERTY
A property’s official zoning classification can be obtained from either the Planning & Development Division at (407) 665-7371 or the Seminole County Property Appraiser website. If needed, a 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 zoning classification.
The tax parcel identification number can be obtained from the Seminole County Property Appraiser’s Office (407) 665-7555.
WHAT IS A REZONING?
Zoning regulations are the rules that determine how parcels of land may be used or developed. When owners want to use or develop property in a manner that does not conform to the current zoning district regulations, they must apply for a change of zoning or what is commonly described as a “REZONING” or “REZONE”.
To obtain County support, the applicant should demonstrate that the proposed rezoning is consistent with the Seminole County Comprehensive Plan and benefits the community as a whole. Zoning applications are decided by the Board of County Commissioners (BCC). Some applications may require a Future Land Use (FLU) Amendment, which can be processed in conjunction with a rezoning request.
Table of Future Land Use Designations and Zoning District Regulations
THE REZONING PROCESS
The process for initiating a rezoning application begins with the Planning & Development Division, located at:
Seminole County Services Building
Room 2028
1101 East First Street
Sanford, FL 32771
(407) 665-7371
Please read the Community Meeting Procedure and the Public Notice Amendment Procedure.
Applications and applicable fees are submitted to this office, which is summarized along with the entire rezoning process 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 rezoning, 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).
2. Application Submittal
Once a proposal has been prepared, a completed rezoning application package is submitted via email to plandesk@seminolecountyfl.gov, via postal mail, or in person. The applicant may also concurrently submit an application for a Future Land Use (FLU) Amendment. Where a rezoning is perceived to 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.
Fee Summary
Application and Attachment Forms
3. Application Distribution and Sufficiency Review
An application is determined to be “sufficient” when it contains the following information:
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) Boundary survey and legal description of property.
7) Size of property.
8) Copy of fully executed sales contract.
9) Applicable fee.
11) Topographic survey including flood prone and wetland delineations.
12) Soils survey identifying soil types.
13) Table showing acreage for each category of land use, including roads, wetlands, open space, and recreation.
14) Table of proposed maximum and average, gross and net residential densities for residential land uses.
15) Proposed utility service concept plan, including sanitary sewer, storm drainage, potable water supply, water supplies for fire protection, and sewage disposal.
16) Statement indicating that legal instruments will be created to provide for management of common areas and facilities.
17) Statement with general information regarding provisions for fire protection.
18) Any analysis of the impact of the proposed development on roads, schools, utilities, and other public facilities.
19) Preliminary zoning classification description to show general purpose and character of proposed development; land use by acreage and densities; structural concepts of building heights and types; major landscaping concepts; recreation and open space; facilities commitments; and housing types, staging and pricing.
20) General indication of perceived impact area for the commercial or industrial uses.
21) Table showing pre and post development acres of wetlands by type and significance and a conceptual plan for protection and multiple use of on-site wetlands.
22) Transportation management plan.
23) Pedestrian, bicycle and vehicular linkage plan.
The rezoning application is circulated to County departments and divisions / agencies as necessary. The application is reviewed by staff to ensure the proposed development or range of allowable development complies with the County’s development policies. The applicant may be requested to submit additional information or revise the proposal as a result of the sufficiency review.
4. Staff Comments Document (COMDOC)
Following distribution and review of a proposed rezoning application, a Comments Document (COMDOC) is sent to the applicant, which outlines staff comments. The COMDOC also identifies the preliminary list of technical requirements for the development to proceed, which may include infrastructure improvements, issuance of applicable permits, etc. The scheduled meeting date, time and location for discussion of the proposal by the DRC is also indicated.
5. Development Review Committee (DRC) Meeting
Following delivery of the COMDOC to the applicant, County staff meets as a technical review team to discuss issues and respond to questions by the applicant. The Applicant should thoroughly review the COMDOC before the scheduled DRC meeting.
6. Local Planning Agency / Planning & Zoning Commission / Public Hearing
The County’s Planning and Zoning Commission / Local Planning Agency (P&Z / LPA) consists of volunteer, unpaid members appointed by the Board of County Commissioners (BCC) to advise and make recommendations to the BCC on planning and land development matters. The P&Z Board's recommendation is included in the staff report when the project is heard at the BCC meeting. The BCC makes the final determination after considering the following: recommendations of the P&Z, presentation by the applicant, public input, and staff findings.
Public Hearing Items: Public hearing items heard by the P&Z include, but are not limited to, rezones, major amendments, large and small scale future land use amendments.
Non Public Hearing Items: Preliminary Site Plan approval (PSP) projects are heard by the P&Z; however, they are not public hearings and are not subject to the public hearing requirements of Florida Statutes and LDCSC.
Pursuant to Florida Statute 125.66 and Seminole County Land Development Code Section 30.44, a public notice in the form of a placard shall be physically posted on the subject property at least 15 days prior to any scheduled public hearing. Additionally, at least 10 days prior to any scheduled public hearing a legal advertisement will be placed in a newspaper of general circulation (Orlando Sentinel) listing the specific details of each public hearing item scheduled for a date and time certain.
In addition to the requirements stated above, approximately 15 days prior to a scheduled public hearing, staff may provide a courtesy notice to residents who live within a 500-foot radius of the property under consideration, as well as display a copy of the meeting agenda in the County Services Building main lobby.
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 rezoning application, the P&Z / LPA makes a recommendation to the BCC. If the P&Z / LPA does not support the application, the applicant may revise the proposal to respond to the concerns identified during the P&Z / LPA public hearing.
7. Board of County Commissioners (BCC) 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 15 days in advance of the hearing, a notification letter detailing the rezoning request is sent to all property owners within a minimum of 500 feet of the property under consideration, and a legal ad explaining the same is published in the Orlando Sentinel.
The BCC considers the rezoning application and may deny, approve, or conditionally approve the applicant's request of a PD rezoning. The BCC's decision is reflected in a development order.
8. Amendment to the Official Zoning Map & Recordation of the Development Order
If the rezoning application is approved by the BCC, an ordinance effecting the change is executed by the BCC and forwarded to the Florida Department of Economic Opportunity within 10 days from the decision date. Also, the development order associated with the rezoning is executed first by the applicant and subsequently by the BCC Chairman before it is forwarded to the Land Records for recording.
The official zoning map is then revised to reflect the newly approved amendment. With the exception of PD zoning, which requires a two-step zoning process, all proposed development allowed by the zoning amendment must then proceed through the subdivision / site plan review process prior to the construction of improvements.
9. Approval of the Final Development Plan
Approval for PD zoning is obtained through a two-step process. Following the rezoning of the property and approval of the master development plan, the final development plan is reviewed and approved by the Development Services Director within 5 years thereafter, along with the recording of the associated developer’s commitment agreement.
A master development plan shall be submitted concurrently with a PD rezoning application.
The development requirements for each individual tract or phase within a planned development shall be included as a part of the master development plan.
The master development plan shall clearly indicate an outer site boundary as well as internal boundaries between proposed tracts, stages, phases, outparcels, etc. The plan shall also indicate common properties within the PD and provide for necessary property owners or management associations to ensure maintenance of such properties.
The master development plan shall include the items shown on the following table. see link for table
HOW LONG DOES THE REZONING PROCESS TAKE?
A PD rezoning application generally takes between approximately three (3) and six (6) months to process from start to finish. It should be recognized that the more complex a proposal is, the more time it is likely to require. To assist with the timely processing of a rezoning application, the applicant should provide complete application and plan submissions.