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Longwood approves Dairy Queen site changes, cuts tree mitigation fee

City of Longwood City Commission · March 2, 2026
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Summary

The Longwood City Commission approved a special exception allowing a Dairy Queen on East State Road 40 to pay a reduced tree-replacement fee ($43,000) and to use brand colors on more than 20% of two facades; the vote was unanimous, 5–0.

The Longwood City Commission on March 2 voted 5–0 to grant a special exception that reduces the tree‑replacement obligation for a proposed Dairy Queen and allows the restaurant to use principal brand color on more than 20% of two facades.

Chris Kettner, the city's community development director, told commissioners that staff viewed the color request as a minor design deviation and recommended a fee reduction after recalculating the tree mitigation obligation by excluding areas already used for building, parking and stormwater. "We find that to be a very minor change," Kettner said during his presentation.

Harry Newkirk, the project engineer for the applicant, told the commission the site is tightly constrained by required building, parking and stormwater areas. He said the company plans to plant 70 trees ("55 canopy, 15 understory"), install 532 shrubs and about 1,310 square feet of groundcover as part of on‑site landscaping, and estimated the overall project investment at roughly $4,000,000 with 65–70 employees. "We're putting back 70 trees total," Newkirk said.

On the motion approved by Commissioner Morgan and seconded by Commissioner McMillan, the commission set the tree mitigation payment at $43,000 and approved the façade color exception. The motion passed by roll call vote, 5–0.

The staff report and the commission's discussion stressed that the fee reduction was based on a documented methodology that removes inherently non‑replaceable areas (building, parking, stormwater) from the replacement calculation, producing a materially lower mitigation number than the applicant's initial calculation. The city also noted the requested funds would come from and replenish the city's tree fund, which staff said held about $70,958 at the time of the hearing.

Next steps for the project include permit processing and final site construction approvals; the applicant and staff will coordinate required landscaping and post‑construction tree replacement work consistent with the commission's action.

Outcome: special exception approved; vote 5–0.