HomeMy WebLinkAbout2011 04 25 Public Hearings 502 1st Reading Ordinance 2011-02 Planned Unit Development Ordinance
CITY COMMISSION
AGENDA
Consent
Consent
ITEM 502
Informational
Public Hearing X
Regular
April 25, 2011 MGR. /DEPT.______
Meeting
REQUEST:
The Community Development Department requests that City Commission
review and approve on first reading Ordinance No. 2011-02, which will repeal and
replace most of the existing Planned Unit Development (PUD) language in the City Code
of Ordinances.
________________________________________________________________________
SYNOPSIS:
The purpose of this agenda item is the promulgation of a new and
understandable and defensible PUD regulation to replace the existing two (2) PUD
regulations. Through the years, the City Commission has repeatedly directed the PUD
regulations be revised and up-dated. This proposal combines and integrates most of the
regulations associated with the development of a PUD into one comprehensive section of
the Code of Ordinances.
CONSIDERATIONS:
APPLICABLE LAW AND PUBLIC POLICY:
Sec. 2, Article VII, Florida Constitution.
Chapter 166, Florida Statutes.
Section 163.3202 (3), Florida Statutes.
Chapter. 6, Sec. 6-87 Minimum setback requirements within PUD zoning districts.
Chapter 9, Land Development.
Chapter. 20, Article IV, Div. 1: Planned Unit Developments. (Part A: Sec. 20 – 351 thru
20 – 362 and Part B: Sec. 20 - 376 thru 20 - 389).
DISCUSSION:
The current PUD regulations date back to 1987 and are divided into two (2) separate
parts (A and B), within Chapter 20 of the City Code of Ordinances (although minimum
building setbacks for PUDs, which were added in 2004 and amended in 2009 and 2010,
are in Chapter 6), with no particular instructions for choosing either or the other part.
April 6, 2011
Public Hearing 503
Page 2 of 3
There are different processes, different residential unit types, different heights, and
different densities provided in each part. For example, single-family residential is
addressed in both parts, at a two (2) story maximum, but at up to 4.5 dwelling units (du)
per acre in Part A and 4.0 in Part B. Town houses area addressed, at a maximum of three
(3) stories at a maximum of 10 du/acre in Part A, but at a maximum of two (2) stories at a
maximum of 8.0 du/acre in Part B. Garden Apartments are addressed in Part A, only.
Condominiums/apartments are addressed in Part B, only. The current regulations are
difficult and time consuming to understand and often require the City Attorney’s
interpretation. Staff and the City Attorney have drafted the proposed regulation to
provide a document that will be simple to understand and implement.
The Planning and Zoning Board addressed the proposed Ordinance No. 2011-02 at its
regularly scheduled meeting of April 6, 2011. The board inquired of the benefits to the
developer of providing a PUD, of how existing and active development agreements or
court settlement agreements are addressed in existing PUDs, and how replacement of an
existing home would be addressed if it did not meet the current PUD minimum setbacks
and were to be totally destroyed, for example, by a fire or act of God. The board also
briefly discussed the effect of the existing conservation easement over the Winter Springs
Golf Course on any attempt to redevelop the property. The Planning and Zoning Board
voted 4-1 to recommend approval of Ordinance No. 2011-02
FISCAL IMPACT:
The cost of administering one PUD regulation that is understandable and defensible
should be less than it is at present, due to less staff time, City Attorney time, and
Commission time expended.
COMMUNICATION EFFORTS:
This Agenda Item Has Been Electronically Forwarded To The Mayor And City
Commission, City Manager, City Attorney/Staff,And All eAlert/eCitizen Recipients;
And Is Available On The City’s Website, LaserFiche, And The City’s Server.
Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective
Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals
Noted Above; And Which Is Also Available On The City’s Website, LaserFiche, And
The City’s Server; Has Been Sent To City Staff, Media/Press Representatives Who Have
Requested Agendas/Agenda Item Information, Homeowner’s
Associations/Representatives On File With The City, And All Individuals Who Have
Requested Such Information; And Has Been Posted Outside City Hall; Posted Inside City
S:\dept - Community Development\Planning\2011\Commission\2011 04 25 COMM PH 502 PUD Ord.
2011 02.doc
April 6, 2011
Public Hearing 503
Page 3 of 3
Hall With Additional Copies Available For The General Public; And Posted At Five (5)
Different Locations Around The City. This Agenda Item Is Also Available To Any New
Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item
With Any Interested Individuals.
This proposed ordinance was advertised in the Orlando Sentinel, on page E3, on March
24, 2011, as well as on page G7 on April 14, 2011, in addition to the postings by the City
Clerk’s office.
RECOMMENDATION:
The Planning and Zoning Board and staff recommend that
the City Commission approve first reading of Ordinance No. 2011-02.
ATTACHMENTS:
A.Advertisement
B.Draft Ordinance No. 2011 – 02
C.Draft P&Z Minutes
S:\dept - Community Development\Planning\2011\Commission\2011 04 25 COMM PH 502 PUD Ord.
2011 02.doc