HomeMy WebLinkAboutOrdinance 56 Planned Unit Development
ORDINANCE NO. 56
AN ORDINANCE OF THE VILLAGE OF NORTH ORLANDO,
FLORIDA, BEING AN ADDITION TO THE COMPREHEN-
SIVE ZONING ORDINANCE FOR THE PURPOSE OF CREATING
A ZONING DISTRICT TO BE KNOWN AS "PLANNED UNIT
DEVELOPMENT"; PROVIDING FOR THE SUBMISSION OF
PLANS FOR PLANNED UNIT DEVELOPMENTS FOR APPROVAL;
USE OF LAND, CREATING OF OPEN SPACE AND AMENITIES
IN PLANNED UNIT DEVELOPMENT; EXEMPTING PLANNED
UNIT DEVELOPMENTS FROM OTHER PROVISIONS OF THE
COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE
OF NORTH ORLANDO.
WHEREAS, Chapter 176, Florida Statutes, and the Charter
empowers the Village of North Orlando, Florida, to make a zoning
ordinance and to provide for its administration, enforcement and
amendment; and,
WHEREAS, the Village Council of the Village of North
Orlando did on January 8, 1968, adopt Ordinance No. 44 to be a
comprehensive zoning ordinance for the Village of North Orlando;
and,
WHEREAS, the Village Council deems it appropriate to
amend said comprehensive zoning ordinance in order to provide for
Planned Unit Developments;
NOW, THEREFORE, be it ordained by the Village Council
of the Village of North Orlando, Florida:
ARTICLE XVI
SECTION 1. In General
It is the purpose of this article to create an addition-
al zoning district named "Planned Unit Developmentstl to promote
the public health, safety, morals and general welfare. More
particularly, Planned Unit Developments will: encourage the
development of land as planned neighborhood communities; en-
courage flexible and creative concepts in site planning; preserve
the natural amenities of the land by encouraging scenic and
functional open areas; provide desirable common open space for
aesthetic and recreational purposes; and provide an environment
of stable character compatible with surrounding residential
areas.
SECTION 2. Definition.
In addition to the definitions contained in Section
44.24, the following terms, phrases, words and derivations shall
have the meanings given herein:
1. Common Open Space: An area of land or an area of
water or combination of land and water within the area of a
Planned Unit Development which is designated and intended for
the use or enjoyment of residents of the Planned Unit Development
in common. Common open space may contain such structures and
improvements as are desirable and appropriate for the common
benefit and enjoyment of residents of the Planned Unit Development.
2. Detached Single Family Dwelling Structures: A
building designed to be occupied exclusively by one family.
3. Detached Two-Family Dwelling Structures: A
building designed for occupancy by families living independently
of each other in dwellings with two or more party walls, or one
party wall in the case of a dwelling at the end of a group of
attached dwellings.
5. Multi-Family Dwelling Structures: A detached
building that is designed for occupancy by three or more families
living independently of each other.
6. Gross Acreage: The total number of acres within
the perimeter boundaries of a Planned Unit Development.
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7. Land Owner: The legal or beneficial owner or owner
of all of the land proposed to be included in a Planned Unit De-
velopment; the holder of an option or a contract to purchase; a
lessee owning a remaining term of not less than 40 years; or a
person having possessory rights of equal dignity will be deemed
to be a land owner for the purpose of this Ordinance, so long
as the consent to the Planned Unit Development of the owners of
all other interest in the land concerned is obtained.
8. Planned Unit Development: An area of land devoted
by its owner to development as a single entity for a number of
dwelling units and complementary commercial uses in accordance
with a plan which does not necessarily comply with the provisions
of Articles I through XV with respect to lot size, lot coverage,
set backs, off street parking, bulk or type of dwelling, density
and other restrictions.
9. Plan: A comprehensive plan submitted by a land
owner as provided in paragraph 2 of Section 4.
SECTION 3. Permitted Uses.
1. Residential units including single family detached
dwellings, single family attached dwellings, two-family dwelling
and multi-family dwellings.
2. Churches, schools, community or club buildings and
similar public or semi-public facilities.
3. Commercial or retail uses, including offices and
clinics provided that they meet the following criteria:
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A. The Planned Unit Development includes an area
of at least 50 acres minimum.
B. The location is appropriate in relation to
other land uses.
C. The proposed use is designed so that it will
primarily serve the planned development.
D. The proposed commercial or retail uses do
not utilize more than five, per cent (5%) of
the area of the Plan.
E. No commercial use, nor any building devoted
primarily to a commercial use shall be built
or established prior to beginning construction
of the residential buildings or uses it is de-
signed or intended to serve.
4. No structures exceeding thirty-five (35) feet in
height will be permitted. Any changes must conform to Section
5 - paragraph 9.
SECTION 4. Procedure for Approval of a Planned Unit
Development.
The procedure for obtaining a change in zoning district
for the purpose of undertaking a Planned Unit Development shall
be as follows:
1. Pre-Application Conference.
The Land Owner is encouraged to confer with repre-
sentatives of the Planning and Zoning Board of the Village of
North Orlando and the Village Engineer prior to formally sub-
mitting a request for rezoning to PUD. The purpose of conferring
is to give the Land Owner the benefit of comment from authorities
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as to the advisability of undertaking a PUD development in the
proposed location.
2. Zoning Approval.
The land Owner shall submit to the planning and zoning
board a comprehensive plan containing the following exhibits:
A. A vicinity map showing the location of the proposed
Planned Unit Development, relationship to sur-
rounding streets and thoroughfares, existing
zoning on the site and surrounding areas, existing
land use on the site and surrounding areas, and
political boundary lines.
B. A boundary survey and legal description of the
property.
C. A U.S.G.S. Topographic Map outlining the area
involved and a description of the site, its
vegetative cover, drainage, and extraction of
pertinent information from the Soils Survey,
Seminole County, Florida, by the United States
Department of Agriculture Soils Conservation
Service.
D. A land use plan and preliminary development plan.
E. A table showing acreage for each category of land
use and a table of proposed maximum densities for
residential land uses.
F. Road construction standards and standard road cross
sections to be utilized, including designation of
where on the development plan the various road
cross-sections are to apply.
G. A preliminary engineering plan for providing
utilities including sanitary sewers, storm drainage
and water supply.
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H. A statement describing the objectives of the Land
Owner, the plan and sequence of development provi-
sions for maintenance of common open spaces and
such other matters as the Land Owner or the Plan-
ning and Zoning Board may deem pertinent.
I. All deviations from the requirements of the Sub-
division Ordinance No. 50 shall be set forth in
the preliminary plans submitted for approval.
The Planning and Zoning Board shall review the
Comprehensive Plan and supporting exhibits, prepare its preli-
minary report, hold such hearings as it deems necessary under
Chapter 176, Florida Statutes, and shall forward the Plan to the
Village Council with its recommendations and reasons therefor.
The Village Clerk shall within five (5) days of
receipt of the recommendations of the Planning and Zoning Board,
institute proceedings under Sections 44.14 - 44.16 in order to
determine whether or not the property described in the Plan will
be rezoned, "PUD". The Village Council will either approve or
disapprove the application of the Land Owner for approval of the
Plan and PUD zoning after receipt of the recommendations of the
Planning and Zoning Board, setting forth in the Minutes of the
meeting its findings of fact and the reasons for its action.
3. Procedure Subsequent to Zoning PUD.
Prior to commencing development of property zoned PUD,
the Land Owner will submit the following for review by the
Planning and Zoning Board and the Village Engineer:
A. A topographic map drawn to a scale of one hundred
(100) feet to one (1) inch by a registered surveyor showing:
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1. The location of existing property lines both
for private property and public property,
streets, buildings, water courses, transmission
lines, sewers, bridges, culverts and drain pipes,
water mains and any public utility easements.
2. Wooded areas, streams, lakes, marshes, and any
other physical conditions affecting the site.
3. Existing contours shown at a contour interval of
one (1) foot.
B. A final development plan drawn at a scale of one
hundred (100) feet to one (1) inch and showing:
1. The boundaries of the site, topography and pro-
posed grading plan.
2. Width, construction standards, location and names
of surrounding streets.
3. Surrounding land use.
4. Proposed streets and street names and vehicular
and pedestrian circulation systems including
off street parking.
5. The use, size and location of all proposed
buildings and other structures and any existing
structures to be retained.
6. Location and size of common open spaces and
public or semi-public areas.
C. Engineering Plans prepared by a Registered Florida
Professional Engineer and other plans showing proposed facilities
and pertinent parts of existing facilities as follows:
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1. Street paving, storm drainage facilities, and site
grading plans.
2. Sanitary sewer lines and waste treatment facilities
being provided in connection herewith.
3. The source of potable water and engineering plans
for any water supply, storage, pumping and distri-
bution facilities being provided in connection
herewith.
4. Location and width of all utility easements or
rights-of-way.
5. Construction standards for all utility facilities.
D. A landscaping plan showing:
1. Landscaped areas, green belt or buffer zones.
2. All mature wooded areas, indicating those to be
retained and those to be removed or altered.
3. Location, heights and material for fences, walk-
ways, and other man-made features.
4. Any special landscape features such as, but not
limited to, man-made lakes, land sculpture, and
water-falls.
E. Statistical information:
1. Total acreage of the site.
2. Building coverage expressed as a percent of the
site area.
3. Area of land devoted to landscaping and/or open
space usable for recreation purposes expressed as
a percent of the total site area.
4. Population density for the project including
the methodology used for calculating density.
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F. Definition covenants, grants, easements, dedication
and restrictions to be imposed on the land, buildings and struc-
tures, including proposed easements for public utilities and
instruments relating to the use and maintenance of common open
spaces.
The Planning and Zoning Board shall review the exhibits
presented to determine that they are in accordance with the ap-
proved plan and conform to the standards specified in Section 5
hereinafter.
4. Submittal of Final Documents.
Promptly upon receipt of all necessary documents to
comply with Subsection 3 above, the Planning and Zoning Board
and the Village Engineer will forward same to the Village Council
The Village Council will review the documents submitted and vote
either approval cr disapproval of the same. If the Village
Council fails to approve the documents, it will note its reasons
for disapproval in its Minutes and refer the documents to the
Planning and Zoning Board and the Village Engineer for correction
or other appropriate action. The Land Owner, upon approval by
the Village Council, may then record the appropriate documents
and obtain permits to commence development and construction in
accordance with the Plan and approved documents.
Approval of the Planned Unit Development shall be in
effect for a period of six (6) months. If no construction has
begun within six months after approval of the development plan
or if the applicant fails to maintain the approved development
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schedule, the approval of the development plan shall lapse and
be of no further effect. At its discretion and for good cause,
the Zoning Board and Council may extend for six months the
period for beginning construction.
SECTION 5. Standards for Approval.
1. Size of Planned Unit Developments.
A parcel which is proposed for a Planned Unit
Development must contain a minimum area of fifty contiguous
acres in single ownership or control. If the Planned Unit
Development is to include any commercial development, the
parcel must contain a minimum of one hundred acres.
2. Relation to Adjoining Zoning Districts.
The Planned Unit Development must not adversely
affect adjoining properties and must be consistent with the
comprehensive zoning plan of the Village.
3. Residential Density.
Density standards by housing type for dwelling
unit per gross acre will be optional to the Land Owner up to
the following maximums:
Detached single-family dwelling structures... 5
Detached two-family dwelling structures...... 10
Single family attached dwelling structures... 12
Multiple-family dwelling structures not
over 35 feet in height ...................... 20
4. Ratios of Dwelling Units.
A Planned Unit Development consisting of not less
than 50 gross acres may, at the option of the Land Owner, in-
clude a maximum of 10% of its gross acres in detached two-family
dwelling structures and single family attached dwelling structure ,
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and additional 10% of its gross acres in multi-family dwelling
structures. A greater percentage of such uses may be permitted
if approved under Section 4, Paragraph 2.
5. Dimensional and Bulk Regulations.
Dimensions and bulk will be such as to permit
development in accordance with permitted and proposed densities.
No minimum size, set backs, lot widths and percentages of lot
coverage will prevail. The proposed land uses shall not be
detrimental to existing adjacent dwellings or to the development
of the neighborhood.
6. Open Space.
Twenty percent (20%) of the gross acres covered by
proposed development shall be common open space.
B. All common open space shall be preserved for its in-
tended purpose as expressed in the Final Development
Plan. The developer shall choose one or a combina-
tion of the following three methods of administer-
ing common open space:
(a) Public dedication to the City of the Com-
mon Open Space. This method is subject to
formal acceptance by the City.
(b) Establishment of an association or non-
profit corporation of all individuals or
corporations owning property within the
Planned Unit Development to insure the
maintenance of all common open space.
C. All privately owned common open space shall con-
tinue to conform to its intended use and remain as
expressed in the Final Development Plan through the
inclusion in all deeds of appropriate restrictions
to insure that the common open space is permanently
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preserved according to the Final Development Plan.
Said deed restrictions shall run with the land
and be for the benefit of present as well as future
property owners and shall contain a prohibition
against partition.
D. All common open space as well as public and recre-
ational facilities, shall be specifically included
in the Development Schedule and be constructed and
fully improved by the Developer at an equivalent
or greater rate than the construction of residentia
structures.
E. If the developer elects to administer common open
space through an association or non-profit corpo-
ration, said organization shall conform to the
following requirements:
(a) The developer must establish the associa-
tion or non-profit corporation prior to
the sale of any lots.
(b) Membership in the Association or non-profit
corporation shall be mandatory for all resi-
dential property owners within the Planned
Unit Development and said association or
corporation shall not discriminate in its
members or shareholders.
(c) The association or non-profit corporation
shall manage all common open space and
recreational and cultural facilities that
are not dedicated to the public, shall pro-
vide for the maintenance, administration
and operation of said land and any other
land within the Planned Unit Development
not publicaly or privately owned, and shall
secure adequate liability insurance on the
land.
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If the developer elects an association or non-
profit corporation as a method of administering
common open space, the title to all residential
property owners shall include an undivided fee
simple estate in all common open space.
7. Access and Parking.
All thoroughfares shall be designed to effectively
relate with the major thoroughfare plan (of the subdivision
regulations) for the Village of North Orlando.
Off Street Parking shall be provided in a ratio of
one and one-half (1-1/2) spaces per dwelling unit,
one bedroom; two (2) spaces per dwelling of two
bedrooms. All parking areas shall be located
and designed in such a manner as to be compatible
and complementary to the dwelling units as they
are intended to serve.
8. Perimeter Requirements.
The Village Council, upon the recommendation of
the Planning and Zoning Board, may impose one or all of the
following requirements in order to protect the privacy of ex-
isting adjoining uses.
A. Structures or buildings located at the perimeter
of the development plan shall be setback a dis-
tance of at least thirty-five feet to protect the
privacy and amenities of adjacent existing uses.
B. Commercial and multiple family structures or
buildings and common open areas located at the
perimeter of the development shall be permanently
screened in a green belt which sufficiently pro-
tects the privacy and amenities of the adjacent
existing uses.
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C. Green Belt or Buffer Zone:
It must be 35 feet in width and of such height
and density so as to protect the privacy and
amenities of the adjacent existing uses. It can
be trees, shrubs, wall or fence, or combination.
The Green Belt or Buffer Zone must carry the
approval of the Zoning Board and Village Council.
D. All property dedicated to the Village, or as common
open area or green belt area shall first be com-
pletely developed.
9. Changes in Approved Plan and Control of Area
Following Completion.
A. Changes may be made in the Plan as provided below:
1. Minor alterations or modifications may be
permitted after review and approval by the Planning
and Zoning Board provided they are substantially
consistent with purposes and intent of the develop-
ment plan.
2. Substantial changes in permitted uses, location
of buildings, or other specifications of the Plan
may be permitted following public hearing and ap-
proval by the Village Council, upon receipt of the
recommendation of the Planning and Zoning Board
and Village Engineer.
B. After completion of a Planned Unit Development, the
use of land or the modification or alteration of
any buildings or structures within the area cov-
vered by the Plan shall be in accordance with the
provisions of Section 44.14 or 44.21 as appropriate.
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READ FIRST READING March 1, 1971.
READ SECOND READING March 12, 1971.
PASSED AND ADOPTED March 12, 1971.
VILLAGE OF NORTH ORLANDO
By Granville Brown
Mayor
ATTEST:
Mary T. Norton
Village Clerk
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