§ 27-82. Procedure for applying for and issuing development orders.

(a)

Optional pre-application conference. Prior to filing for preliminary development plan review, the developer may, at their option, meet with city officials to discuss the development plan and review process. No person shall rely upon any comment concerning a proposed development plan, or any expression of any nature about the proposal made by any participant at the pre-application conference as a representation or implication that the proposal will be ultimately approved or rejected in any form.

(b)

Submittal of preliminary development plan. The developer shall submit a preliminary development plan, as defined in this division, accompanied by a fee established by resolution of the city council. If more than three (3) months elapse following the issuance of the preliminary development order, the developer must resubmit the plan for preliminary review.

(c)

Determination of complete application. Within ten (10) days of receipt of a preliminary development plan, the city manager or designee shall determine that the information is complete or incomplete and inform the developer in writing of the deficiencies, if any. If the plan is deemed incomplete, the developer may submit an amended plan within thirty (30) working days without payment of an additional fee, but, if more than thirty (30) days have elapsed, the developer must thereafter initiate a new application and pay a new fee.

(d)

Copies. The building department shall send a copy of the proposed preliminary development plan to each member of the community development board and shall place the proposed plan on the agenda of the next meeting that allows for proper notice.

(e)

Public hearing. The community development board shall conduct a public hearing as outlined in the Florida Statutes, and shall consider the following factors:

(1)

Characteristics of the site and surrounding area, including important natural and manmade features, the size and accessibility of the site, and surrounding land uses.

(2)

Whether the concurrency requirements of article VI of this Code could be met if the development were built.

(3)

The nature of the proposed development, including land use types and densities; the placement of proposed buildings and other improvements on the site; the location, type and method of maintenance of open space and public use areas; the preservation of natural features; proposed parking areas; internal traffic circulation system, including trails; the approximate total ground coverage of paved areas and structures; and, types of water and sewage treatment systems.

(4)

Conformity of the proposed development with the comprehensive plan, this Code, and other applicable regulations.

(5)

Applicable regulations, review procedures, and submission requirements.

(6)

Concerns and desires of surrounding landowners and other persons.

(7)

Other applicable factors and criteria prescribed by the comprehensive plan, this Code, or other law.

(f)

Review of preliminary development plans and issuance of a preliminary development order. The community development board shall conduct a public hearing on the preliminary development plan to determine whether the plan satisfies the requirements of this Code. Based on the determination from evaluating the above factors, the community development board shall either:

(1)

Issue a preliminary development order complying with section 27-87 of this Code with or without conditions; or

(2)

Refuse to issue a preliminary development order if it is not possible for the proposed development, even with reasonable modifications, to meet the requirements of this Code.

(g)

Submittal of final development plan. The developer shall submit a final development plan, as defined in this Code, for review by the city council within the time period in which the preliminary development order is valid. The final development plan shall be consistent with the preliminary development order and shall contain no land uses different than those approved in the preliminary development order.

(h)

Review of final development plans and issuance of a final development order. The city council shall conduct a public hearing on the final development plan to determine whether the plan satisfies the requirements of this Code. Based on the determination from evaluating the above factors the city council shall either:

(1)

Issue a final development order complying with section 27-87 of this Code with or without conditions, ensuring that the final development plan is consistent with the preliminary development order; or

(2)

Refuse to issue a final development order if it is not possible for the proposed development, even with reasonable modifications, to meet the requirements of this Code.

(i)

Development permit application. Application for a development permit shall be made to the building department on a form provided by the city and may be acted upon by the city without public hearing or notice.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 12, 9-7-10)