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Public Hearing and Notification Requirements for Development in Kissimmee

Jurisdiction: KissimmeeCode Version: August 4, 2020

Public hearings for development orders in the City of Kissimmee must be noticed and advertised in accordance with Florida Statutes and the rules of order established by the Kissimmee City Commission. Depending on the application type, notification often requires newspaper publication at least 14 days prior to the hearing and written notice to property owners of record up to 30 days in advance. Review and final approval authority is distributed among the Planning Advisory Board, the Board of Adjustment, the Historic Preservation Board, and the City Commission based on the specific type of permit or amendment requested.

General Public Hearing Standards

All meetings involving the Kissimmee City Commission, the Planning Advisory Board, the Board of Adjustment, and the Historic Preservation Board require public notice. These bodies follow city standard operating procedures to approve, approve with conditions, continue, or deny applications [Section 14-3-20.A].

When a development permit or order is approved, the reviewing body in the City of Kissimmee may attach conditions. These conditions may include limitations on size, bulk, location, construction duration, and mitigation of traffic or environmental impacts. If an approval is granted with a specified expiration period, the applicant's obligations terminate if the condition is not met within that timeframe [Section 14-3-20.B].

Review and Approval Authorities

The City of Kissimmee utilizes a tiered review system. Table 3-1 in the Land Development Code (LDC) outlines which entities have the authority to review or provide final approval for various applications.

Table 3-1: Development Order Review Authorities (Selected)

Application Type Pre-App Meeting DRC Review Planning Advisory Board Board of Adjustment City Commission
Comprehensive Plan/LDC Amendments Yes Yes Yes No Final
Zoning Map Amendment (Site Specific) Yes Yes Yes No Final
Conditional Use Yes Yes Final No No
Variance (General) Yes Yes No Final No
Variance (Subdivisions) Yes Yes No No Final
Final Plat No Yes No No Final
Certificate of Appropriateness (Major) Yes No No No HPB (Final)
Historic District Designation Yes No Yes No Final

Note: "Final" indicates the body with final approving authority. DRC refers to the Development Review Committee.

Specific Notification Requirements

Historic Designations

For the designation of Historic Preservation Overlay (HPO) districts or historic landmarks, specific timelines apply to the City of Kissimmee:

  • Newspaper Notice: A public notice must be published in a newspaper of general circulation at least 14 days prior to the hearing [Section 14-3-35.E.2.a].
  • Written Notice: Written notice of the public hearing must be sent to the property owners of record within the proposed district (or their agents) at least 30 days in advance of the hearing [Section 14-3-35.E.2.b].

Appeals of Administrative Decisions

When an administrative decision by a City of Kissimmee official is appealed to the Board of Adjustment:

  • Filing: Appeals must be filed with the department within 30 calendar days of the decision [Section 14-3-21.A.2.a].
  • City Manager Review: The City Manager has 15 calendar days from the date of submittal to review the appeal and notify the applicant of the results [Section 14-3-21.A.2.c].
  • Board Response: If the applicant requests a hearing in writing, the Board of Adjustment must respond within 30 days and request that the appeal be acted upon [Section 14-3-21.A.2.d].

Special Events and Street Closures

For special events requiring street closures in the City of Kissimmee:

  • Neighboring Consent: The applicant must send notice via certified return receipt mail to all property owners adjacent to the affected portion of the street. Written consent from these owners acknowledging the application must be provided before a permit is issued [Section 14-6-28.G.4].
  • Timing: Applications must be submitted at least 30 days (but no more than 180 days) prior to the event [Section 14-6-28.H].

Administrative and Committee Reviews

Before reaching a public hearing, most applications in the City of Kissimmee undergo a technical review by the Development Review Committee (DRC).

  • DRC Composition: Includes representatives from Development Services, Public Works and Engineering, Toho Water Authority (TWA), Parks and Recreation, Fire, Police, and local utility authorities [Section 14-3-3.A].
  • DRC Duties: The DRC prepares comments on the consistency of the application with the Kissimmee LDC and determines the impact on public facilities and services [Section 14-3-3.B].
  • Completeness Review: Upon submission, the director makes a determination as to whether the application is complete before forwarding it to the DRC [Section 14-3-19.C].

Sections Cited

  • Section 14-3-3: Development review committee (DRC)
  • Section 14-3-16: Level of review required
  • Section 14-3-19: Application submittal and review
  • Section 14-3-20: Public hearings
  • Section 14-3-21: Appeals
  • Section 14-3-35: Designation of historic districts
  • Section 14-6-28: Special events

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