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HomeMy WebLinkAboutOrdinance 134 Planned Unit Developments ORDINANCE NO. 134 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, REPEALING SECTIONS 44.85.1 THROUGH 44.85.5 OF THE CODE OR ORDINANCES OR THE CITY; SETTING FORTH THE REQUIREMENTS FOR A ZONING DISTRICT KNOWN AS PLANNED UNIT DEVELOPMENTS; CREATING A NEW ZONING CLASSIFICATION KNOWN AS PLANNED UNIT DEVELOPMENTS; CREATING SECTIONS 44.85.1 THROUGH 44.85.12 AS AN AMENDMENT TO ARTICLE XIV OF THE CODE OF ORDINANCES; CONFLICTS; SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City Council of the City of Winter Springs, deems it to be in the public interest of the citizens of Winter Springs, and in order to provide for their public health, safety and welfare, to revise Article XIV of the Code of Ordinances of the City of Winter Springs; and WHEREAS, to accomplish the above designated purposes, Sections 44.85(1) through 44.85(5) of Article XIV of the Code of Ordinances of the City of Winter Springs shall with the passage of this Ordinance be repealed; and WHEREAS, it is further the legislative intent and pur- pose of the City Council of Winter Springs in passing this re- vision. (A) To provide for planned residential communities containing a variety of dwelling unit types and arrangements, with complimentary and compatible commerical and/or industrial land uses; planned commercial centers with supportive residential and/or complimentary and compatible industrial land uses; and planned industrial parks with complimentary and compatible res- idential and/or commercial land uses - all designed to promote the public health, safety and general welfare. (B) To allow diversification of uses, structures, and open spaces compatible with adjacent land uses. (C) To preserve the natural amenities and environmental assets of the land by encouraging the preservation and improvement of scenic and functional open space areas. (D) To encourage flexible and creative concepts in site planning that will allow an increase in the amount and usability of open space than is possible through conventional practices. (E) To encourage an environment of stable character. (F) To encourage a more efficient use of land and smaller networks of utilities and streets than is possible in other zoning districts. (G) To allow for the creation of well-balanced commu- nities that provide basic recreational and supportive facilities. (H) To insure that development will occur according to the limitations of use, design, coverage, and phasings as stip- ulated on the Preliminary and Final Development Plans. WHEREAS, in order to accomplish the above designated purposes the City Council must amend Article XIV of the Code of Ordinances of the City of Winter Springs, by establishing Sections 44.85(1) through 44.85(12) to be placed in Article XIV of the Code of Ordinances. NOW THEREFORE, THE CITY OF WINTER SPRINGS HEREBY ORDAINS: Section 1. That Sections 44.85(1) through and including Section 44.85.5 of Article XIV of the Code of Ordinances of the City of Winter Springs, be and the same are hereby repealed. Section 2. That the City of Winter Springs hereby amends Article XIV of the Code of Ordinances of the City of Winter Spring by adding therein Sections 44.85(1) through 44.85(12) which shall be known by the subtitle "Planned Unit Development Zoning" which shall be as follows: CODE SECTION 44.85(1) INTENT AND PURPOSE OF DISTRICT. The intent and purposes of the Planned Unit Development Zoning District are as follows: 1. To provide for planned residential communities con- taining a variety of dwelling unit types and arrangements, with complimentary and compatible commercial centers with supportive residential and/or complimentary and compatible industrial land uses; and planned industrial parks with complimentary and com- patible residential and/or commercial land uses - all designed to promote the public health, safety, and general welfare. -2- 2. To allow diversification of uses, structures, and open spaces compatible with adjacent land uses. 3. To preserve the natural amenities and environmental assets of the land by encouraging the preservation and improvement of scenic and functional open space areas. 4. To encourage flexible and creative concepts in site planning that will allow an increase in the amount and usability of open space than is possible through conventional practices. 5. To encourage an environment of stable character. 6. To encourage a more effecient use of land and smaller networks of utilities and streets than is possible in other zoning districts. 7. To allow for the creation of well-balanced commu- nities that provide basic recreational and supportive facilities. 8. To insure that development will occur according to the limitations of use, design, coverage, and phasing as stipu- lated on the Preliminary and Final Development Plans. CODE SECTION 44.85.2 DEFINITIONS. 1. Applicant: The legal or beneficial owner or devel- oper of the land proposed to be included in a Planned Unit Devel- opment. 2. Common open space: An area of land or water or any combination thereof, within the area of a Planned Unit Development which is designated and intended for the use and enjoyment of the residents of the planned Unit Development in common. 3. Condominium: Actual ownership of real property that is a combination of ownership in fee simple of the dwelling unit and an undivided ownership, in common with other purchasers, of the common elements in the structure including the land and its appurtenances. Condominium shall refer to any dwelling unit developed, constructed, and sold in the manner described above. 4. Cooperative Apartment: An apartment within a multi- unit building where the ownership and cost of operation are shared by the occupants in proportion to the value of the occupied space. -3- 5. Detached single family dwelling: a building with no party or lot line walls, designed to be occupied exclusively by one family. 6. Developer: Any person, firm, association, syndicate, partnership, or corporation, or any combination thereof, who are actually involved in the creation and construction of a Planned Unit Development. 7. Final Development Plan: The set of documents deline ated in Section 44.85.7 which serves as the specific development standard for the Planned Unit Development area which it encom- passes. The Final Development Plan may include all or a part of the Preliminary Development Plan. 8. Floor Area ratio: The ratio of the number of the square feet, or fractions thereof, of covered floor area as a numerator within a particular phase over the number of every square foot of land area, within the same particular phase, ex- clusive of public or private streets. 9. Garden apartments: Multi-family dwelling units not to exceed three stories in height. Typically, garden apartments have units one above the other with several units sharing a common entrance hall or court. 10. Gross acreage: The total number of acres within the perimeter boundaries of a Planned Unit Development. 11. Gross residential acre: An acre of land committed to the explicit use of residential buildings or structures or which provides access to or contributes to the amenities of a residential development, such as parks, open space, parking lots, etc. Land devoted to schools, utilities, and water areas shall not be included. 12. Landowner: The legal or beneficial owners of all land proposed to be included in a Planned Unit Development, or one having possessory rihgts of equal dignity. 13. Lot line wall: A wall adjoining and parallel to the lot line used primarily by the party upon whose lot the wall is located. -4- 14. Multi-family dwelling: Buildings designed to be occupied by three or more families living independently of one another. 15. Open space: The gross acreage of the Planned Unit Development exclusive of buildings, vehicular accessways, and parking areas. 16. Patio homes: Single family dwelling units with a private outdoor living area, the side walls of which may be party or lot line walls and having a minimum 2 hour fire rating. Patio homes are designed and constructed to be individually owned and are sometimes referred to as cluster houses, single family attached dwelling units, atrium houses, or court garden houses. 17. Planned Unit Development: A tract of land zoned and developed in accordance with the purposes, intent, and pro- visions of this Article. The letters "PUD" shall be considered an abbreviation for Planned Unit Development in this Code. 18. Preliminary Development Plan: The set of documents delineated in Section 44.85.6 which serves as the general devel- opment standard for the Planned Unit Development district it covers. 19. Story: That portion of a building included between the surface of any floor and the surface of the floor directly overhead, or if there is no floor directly above, then the space between such floor and the ceiling next above it. 20. Townhouses: Self-contained dwelling units located side by side with no units located above or below one another, designed and constructed so that the units may be individually owned. Townhouse units are to be separated by party or lot line walls and shall have a minimum 2 hour fire rating. CODE SECTION 44.85.3 PERMITTED USES. The following uses shall be permitted in the Planned Unit Development District if they are complimentary to and com- patible with each other and the adjacent land uses, and if desi- gnated on an approved Preliminary and Final Development Plan: -5- 1. Planned residential communities: residential dwelling units, hcluding but not limited to detached single family,patio homes, garden apartments, condominiums, cooperative apartments, townhouses, provided that all are compatible with each other; complimentary and compatible supportive commercial and/or industrial land uses designed to create an aesthetically pleasing and harmonious environment. 2. Planned commercial centers: commercial uses, in- cluding but not limited to, business services, professional services, personal services, retail sales and services, service stations, hotels and motels; complimentary and compatible resi- dential and/or industrial land uses designed to create an aesthetically pleasing and harmonious environment. 3. Planned industrial parks: all types of industrial uses including but not limited to warehousing, manufacturing, and trucking facilities; complimentary and compatible residential and/or commercial land uses designed to create an aesthetically pleasing and harmonious environment. 4. Any other private, public, or semi-public uses com- plimentary to and compatible with planned residential, commercial, and/or industrial development. CODE SECTION 44.85.4 SITE DEVELOPMENT STANDARDS. 1. Site development standards shall be established for planned unit developments, to insure adequate levels of light, air, and density; to maintain and enhance locally recognized values of community appearance and design; to promote the safe and efficient circulation of pedestrian and vehicular traffic; to provide for orderly phasing of development, and to protect the public health, safety and general welfare. 2. The applicant shall propose and the Planning and Zoning Board shall recommend to the City Council an overall maxi- mum residential density and maximum residential densities and height limitations for each dwelling unit type in the proposed Planned Unit Development. The Council may adopt the recommenda- tion or make such changes or amendments it deems proper. Types -6- of residential construction may be intermixed, as long as the adopted overall residential density and height limitation of each type is not exceeded. The criteria to be used by the Council and Planning and Zoning Board in establishing the residential densities and height limitations shall be as follows: a. The compatibility with other zoning districts in the vicinity of the subject property and with adopted comprehensive land plans and policies. b. The preservation of natural features and environmental assets of the site. c. The provisions for landscaped common open space pro- viding leisure and recreational uses for the residents. d. The adequacy and proximity of public roads, utili- ties, services, and facilities required to serve the development. The maximum allowed number of dwelling units per gross residential acre and maximum height by type of dwelling unit shall be as follows unless specifically waived by the City Council after receiving recommendations from the Planning and Zoning Board. MAXIMUM HEIGHT 2 stories 2 stories 3 stories 3 stories TYPE MAXIMUM UNITS PER GROSS RESIDENTIAL ACRE Single family detached 4.5 Patio homes 7.0 Townhouses 10.0 Garden apartments 16.0 3. The applicant shall propose, and the Planning and Zoning Board shall recommend, the maximum allowable floor area ratio for all commercial and industrial uses within the PUD to the City Council. The Council may adopt the recommendation or make such changes or amendments as it deems proper. 4. The following site development standards shall apply unless waived by the City Council, specifically finding after receiving recommendations from the Planning and Zoning Board, that the unique characteristics of the development in question make unnecessary the application of one or more of these provisions in order to carry out the intent and purpose of the Planned Unit Development District. -7- a. The natural topography soils, and vegatation shall be preserved and utilized, where possible, through the careful location and design of circulation systems, buildings and structures, parking areas, and open space and recreational areas. Removal of mature trees shall be compensated through the instal- lation of landscaping materials. b. Landscaping consisting of trees, shrubs, vines, ground covers, and irrigation facilities shall be installed in common areas of residential developments and in special areas of com- mercial and industrial developments. Special attention should be given to parking areas, refuse storage areas, and in building setback and separation areas to achieve proper screening. c. Common open space and recreational facilities in accordance with the standards of the National Recreation Associ- ation shall be provided to serve the residents of the Planned Unit Development. d. All land shown on the Final Development Plan as common open space, parks, and recreational facilities shall be protected through deed restrictions which shall insure, the pre- servation of its intended use, the payment of future taxes, and the maintenance of areas and facilities for a safe, healthy, and attractive living environment. e. All common open space and recreational facilities shall be specifically included in the phasing plan, and shall be constructed and fully improved by the developer at an equivalent or greater rate than the construction of the residential struc- tures which they serve. f. The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent land uses. Lighting, access points, or high noise level activities which adversely affect abutting property shall be prohibited. g. Building set backs from the mean high water level of any lake, stream or body of water, shall be at least 50 feet. Other minimum setbacks, lot sizes, and lot widths shall be pro- posed by the applicant, reviewed by the Staff and the Planning and Zoning Board, and approved or modified by the City Council. -8- h. Central water systems, sewerage systems, storm water management systems, utility lines and easements shall be provided in accordance with the appropriate sections of the Chapter 14 of this Code. i. Parking and loading requirements shall be based on Article XII of this Zoning Code. Residential off-street parking shall be provided at a ratio of 1-1/2 spaces per one bedroom unit and 2 spaces per two or more bedroom unit. Public rights-of- way shall not be improved as parking areas. Grassed parking areas may be permitted where the frequency of use does not destro the ground cover. j. Streets shall be designed and improved in accordance with the appropriate sections of Chapter 14 of this Code. Collec- tor and arterial streets shall be free from backing movement.of adjoining parking areas. k. Local streets shall provide access within the Planned Unit Development in a manner that will discourage through traffic and provide for convenient accessibility to parking areas. Local streets shall be so located that future urban development will not require their conversion to arterial routes l. Wherever practicable, vehicular and pedestrian pass- ageways shall be separated. A system of walkways between building , common open space, recreation areas, and parking areas shall be adequately lighted where appropriate for nighttime use. m. As deemed appropriate, the Planning and Zoning Board may recommend and the City Council may approve the imposition of additional restrictions not herein mentioned to insure the pro- tection of the public interest. CODE SECTION 44.85.5 PROCEDURE FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT. The procedure for obtaining approval of a Planned Unit Development zoning classification shall be as follows: 1. Pre-application conference: The applicant shall contact the City Clerk to arrange a meeting with the Planning and Zoning Board, or its designee, in order to review the proposed -9- PUD request prior to formal submittal of said request. 2. Submittal: The applicant shall submit to the City Clerk a change of zoning request, the proper application fee, and three copies of the Preliminary Development Plan. The applicatio form, one copy of the Prelimhary Development Plan, nad all suppor - tive documents shall be placed in a permanent file to be kept at City Hall and open to public inspection during normal business hours. 3. Staff Review: The City Clerk shall arrange a staff review meeting. The Staff shall consist of the City Engineer, Fire Chief, and any other pertinent department heads or consult- ants designated by the Planning and Zoning Board. It shall be the duty of the staff to review the Preliminary Development Plan and submit their written recommendation thereon. The applicant shall be invited to attend this meeting. 4. Planning and Zoning Board Reveiw: The Planning and Zoning Board shall review the Preliminary Development Plan and th staff recommendations and propose any suggested revisions to the plan. The applicant shall be invited to attend this review meet- ing. The Board shall then authorize the City Clerk to schedule a d advertise a public hearing on the pun reqeust before the Planning and Zoning Board. 5. Planning and Zoning Board Public Hearing: The Plan- ning and Zoning Board shall hold a public hearing to consider the change of zoning request. The Board shall either recommend appro val, approval with modifications, or denial of the request to the City Council, stating their reasons for said action. The City Clerk shall then schedule and advertise a public hearing on the request before the City Council. 6. City Council Public Hearing: The City Council shall review the Preliminary Development Plan, the staff recommendation the Planning and Zoning Board recommendations, and hold a public hearing to consider the request. The Council shall either approve, approve with modifications, or deny the request, stating their reasons for said action. -10- If the request is approved, the property shall be zoned PUD with Preliminary Development Plan approval and shall be so designated on the Official Zoning Map. Provided, however, no permits may be issued at this time. 7. Final Development Plan - Preliminary review: When the applicant is preparing to submit a Final Development Plan, he shall first contact the City Clerk and arrange to review the pro- posed plans with the Planning and Zoning Board or its designee. If three or more parcels are to be created, the property shall be platted pursuant to Chapter 14 of this Code. Review pursuant to Chapter 14 may be carried out simultaneously with, or sub- sequent to review of the Final Development Plan. It is recommend d that the applicant file the Final Development Plan and the Pre- liminary Plan concurrently. 8. Submittal: The applicant shall submit to the City Clerk three copies of the Final Development Plan with a written request for Final Development Plan approval. The Final Develop- ment Plan may include all or a part of the area included in the Preliminary Development Plan. The request and one copy of the Final Development Plan shall be placed in the permanent file at City Hall and shall be open to public inspection at all times. 9. Staff Review: The City Clerk shall arrange a staff review meeting. The staff, for the purpose of this paragraph, shall include the City Engineer, Attorney, Fire Chief and any other pertinent department heads or consultants designated by the Planning and Zoning Board. It shall be the duty of the staff to review the Final Development Plan and submit their written re- commendations. The applicant shall be invited to this meeting. 10. Planning and Zoning Board Review The Planning and Zoning Board shall review the Ehal Development Plan and the staff recommendations. The Board shall then either recommend ap- proval, approval with modifications, or denial of the Plan to the City, stating their reasons for said action. 11. City Council Review: The City Council shall review the Final Development Plan and the recommendations of the staff -11- and the Planning and Zoning Board. The Council shall then either approve, approve with modifications, or deny the request for Final Development approval, stating the factual reasons for said action. In reviewing the Final Development Plan, the Planning and Zoning Board and the City Council shall make findings of fact upon the following: a. Whether there is substantial compliance with the intent and purpose of the PUD District and the approved Pre- liminary Development Plan. b. Whether the phase of development in question can exist as an independent unit capable of creating an environment of substantial desirability and stability. c. Whether existing and proposed utilities and trans- portation systems are adequate for the population proposed. 12. If three or more parcels are created, Final Plat approval must also be obtained before any permits may be issued. 13. After the City Council has approved the Final Dev- elopment Plan, permits may be issued for buildings and structures in the area covered by the Final Development Plan, provided they are in conformity with the approved Plan and with all other pertinent ordinances and regulations. 14. The Building Official shall determine that all corom open space and recreational improvements have been provided in accordance with the Final Development Plan, prior to the final acceptance of the last building or structure covered by the Final Development Plan. CODE SECTION 44.85.6 PRELIMINARY DEVELOPMENT PLAN. The Preliminary Development Plan, consisting of properly identified exhibits and supporting materials, shall clearly in- dicate the following: 1. The name, location, legal description, acreage, nad type of Planned Unit Development. 2. Identification of the present owners and developers of all land included in the development. -12- 3. Identification of all consultants involved in the preparation of the Preliminary Development Plan. 4. A vicinity map indicating the relationship between the Planned Unit Development and its surrounding area, including adjacent streets, thoroughfares, and developments. 5. The existing land use and zoning of the adjacent property and all continguous property. 6. The existing topography and other natural features including but not limited to lake, swamps, and flood prone areas. (USGA information acceptable.) 7. A soils map derived from the USDA Soil Survey and Soil Survey Supplement of Seminole County indicating the location of existing soil types and a brief description of the development capabilities and water capacities of each soil type. 8. A general description of existing vegetation and an indication of which natural areas will be preserved and which will be altered or eliminated. 9. A proposed land use plan of the subject property in- cluding but not limited to the following items: a. The location of all streets and highways proposed in the development, and the general location of all access points to abutting arterials and highways. b. Identification of all existing major road setbacks and proposed right-of-way widths. c. Each residential area according to the location, the number and types of permanent or transient dwelling units, the acreage, and the proposed density by number of dwelling units per gross residential acre. d. Each commercial or industrial area according to the location, type, acreage, and proposed floor area ratio. e. All public and semi-public uses, schools, common open space, and recreational areas according to location, type, and acreage. 10. The proposed maximum height of all buildings and structures. -13- 11. The priority and phasing of the development, in map form, and the manner in which each phase of the development can exist as an independent unit capable of creating an environment of sustained desirability and stability. Recreational facilities and other development facilities and amenities shall be specific- ally delineated in this phasing plan. 12. The proposed method of providing all necessary road improvements, water and sanitary sewer services, storm water management systems, and fire protection. 13. All exhibits must indicate the title, graphic scale, date of submittal, and dates of any subsequent revisions. 14. In order to protect the public interest, the Planning and Zoning Board and/or the City Council may request any additional information deemed necessary for the decision making process. Sub- mittal of this additional information is at the option of the applicant, although failure to submit the requested information could result in the denial of the application. CODE SECTION 44.85.7 FINAL DEVELOPMENT PLAN. The Final Development Plan, which may include all or a part of the Preliminary Development Plan shall consist of properly identified exhibits and supporting materials, and shall include the following: 1. Identification of the present owners and developers of all land included in the development. 2. Identification of all consultants involved in the preparation of the Final Development Plan. 3. A location map indicating the relationship between the area proposed for final development, the remainder of the area within the approved Preliminary Development Plan, and the surrounding area. 4. Boundary survey, legal description, and gross acreage of the area submitted for final approval. 5. A preliminary subdivision plan (preliminary plat), if the applicant proposes to create 3 or more parcels. 6. A plot plan with scaled dimensions including but not limited to the following: -14- a. The name, location, right-of-way width, and width of pavement of proposed streets, easements, pedestrian ways, bi- cycle paths, and water courses. b. The name,location, width, and design of existing streets, including abutting arterials within 200 feet of the subject property. c. The locations, dimensions, and uses of all buildings and structures, including proposed property lines, utility plants and permanent signs. d. Open and covered off-street parking areas, including landscaping and external lighting systems. e. Distance of dwelling units from vehicular accessways and parking areas. f. Walls, fencing, or landscaping between private and common areas, along streets and highways, drainage ways, rail- roads, and the perimeters of the development. g. Refuse storage areas and method of solid waste dis- posal. h. Areas to be conveyed or dedicated and improved for roadways, parks, playgrounds, school sites, utilities, and other similar public or semi-public uses. i. The number and type of permanent or transient dwelling units; the floor area ratio of commercial and/or industrial uses; density by number of dwelling units per gross residential build- ing type; minimum setbacks and building separations; maximum lot coverage; minimum floor elevation; and height of structures. 7. A general landscaping and tree planting plan in- dicating areas of vegetation to be preserved and the proposed method of preservation, in addition to proposed irrigation systems and landscaping materials. 8. Design elevations and/or renderings of all proposed buildings or structures. 9. Total acreage and types of open space and recreation. 10. Specific recreational facilities and improvements. -15- 11. Preliminary engineering plans for roads, water, fire protection, sanitary sewer, and storm water management systems including existing ground surfaces and proposed elevations; typ- ical cross-sections of proposed grading, streets and sidewalks, canals and waterways; and proposed types of pavement. All plans must be approved by the City Engineer. 12. Covenants, conditions, restrictions, agreements, and grants which govern the use, maintenance, and continued pro- tection of buildings, structures, landscaping, common open space, recreational areas and facilities within the development. Said documents shall indicate to the satisfaction of the City Attorney an acceptable method of insuring that all obligations and im- provements designated in the Final Development Plan can and shall be completed. Bonds or an escrow account may be necessary in order to satisfy this requirement. 13. All exhibits must indicate the title, name, graphic scale, and date of submittal and any subsequent revisions. 14. In order to protect the public interest, the Planning and Zoning Board and/or the City Council may request any additi- onal information deemed necessary for the decision making process. Submittal of this additional information is at the option of the applicant, although failure to submit the requested information could result in the denial of the application. CODE SECTION 44.85.8 ALTERATIONS TO THE PRELIMINARY DEVELOPMENT PLAN. Any request for an alteration, revision, or modification to the Preliminary Development Plan shall be submitted to the City Clerk for review by the Planning and Zoning Board. After review and receipt of staff recommendations, the Board may approve or approve with modifications, a change that is consistent with: a. The purpose and intent of the PUD District b. The concept, land uses, densities, and phasing of the approved Preliminary Development Plan. c. Any other pertinent ordinances or regulations. -16- If the Planning and Zoning Board determines that the proposal is not consistent with said provisions, a public hearing on the request shall be held by the City Council. Upon receipt of recommendations from the staff and the Planning and Zoning Board, the City Council shall hold a public hearing on the request and either approve, approve with modifications, or deny the proposal stating the reasons for such action. To protect the public interest, the Planning and Zoning Board may, for just cause, hold a public hearing in the process of determining that the alterations, revisions, or modifications are consistent in making a recommendation to the City Council. CODE SECTION 44.85.9 ALTERATIONS TO THE FINAL DEVELOP- MENT Any request for an alteration, revision, addition, or deletion to the Final Development Plan shall be submitted to the City Clerk for review by the Planning and Zoning Board. The Board shall review the request and make finding of fact as to whether the proposal constitutes a change in the Preliminary Development Plan also. If so, the request must first be processed according to CODE SECTION 44.85.8. If not, the Board shall re- view the proposal and the staff recommendations to determine whether or not the proposed change is substantially consistent with the approved Final Development Plan. If the proposal is determined to be consistent, the Planning and Zoning Board may approve or approve with modifications, the proposed change. If the proposal is determined not to be substantially consistent with the approved Final Development Plan, the Board shall forward to the City Council, a recommendation for approval, approval with modifications, or denial of the request, stating their reasons for such action. The Council shall then review the proposal and the recommendations of the Staff and the Planning and Zoning Board and either approve, approve with modifications, or deny the request stating their reasons for such action. CODE SECTION 44.85.10 CONTROL OF DEVELOPMENT FOLLOWING APPROVAL AFTER CONSTRUCTION COMPLETED 1. An approved Planned Unit Development shall be con- sidered to be a separate zoning district in which the Final Dev- -17- elopment plan, as approved, established the restrictions, regu- lations, and District description according to which development shall occur. Upon approval of the Final Development Plan, the use of the land and the construction, modification, or alteration of any buildings or structures within the Planned Unit Develop- ment shall be in accordance with the approved Final Development Plan, rather than with other provisions of this Zoning Code. 2. After completion of construction of the area covered by a Final Development Plan, no changes may be made except under the procedures provided below: a. If any minor extensions, alterations, or modifica- tions of existing buildings, structures, or utilities are con- sistent with the purposes and intent of the Final Development Plan, they may be authorized by the Building Code. b. Any uses not authorized by the Final Development Plan may be added to, modified, or deleted from the Final Devel- opment Plan in accordance with the provisions of CODE SECTION 44.85.9. c. A Building or structure that is totally or sub- stantially destroyed may be reconstructed only in compliance with the Final Development Plan unless an amendment to the Plan is approved in accordance with the provisions of this Article. CODE SECTION 44.85(11) TIME RESTRICTIONS ON APPROVAL OF PLANNED UNIT DEVELOPMENT. 1. After the applicant has submitted a Final Devel- opment Plan for all or a part of the Planned Unit Development within 12 months of the date of the City Council approval of any Final Development Plan, the applicant, owner or developer shall commence substantial development according to the Final Develop- ment Plan. For the purpose of this Section, "substantial devel- opment" shall be defined as follows: a. Where 10 acres or less is included within the Final Development Plan, 100% of all roads, utilities and drainage faci - ities plus more than 40% of all buildings must be completed. -18- b. Where the Final Development includes more than 10 acres but less than 25 acres, 80% of all roads, utilities and drainage facilities plus 30% of all buildings must be completed. c. Where the Final Development Plan includes more than 25 acres, but less than 50 acres, 60% of all roads, utiltities and drainage facilities plus at least 20% of all buildings must be completed. d. Where the Final Development Plan includes more than 50 acres, 40% of all roads, utilities and drainage facilities plus at least 10% of all buildings must be completed. e. The Final Development Plan approval shall be de- clared null and void if substantial development, as specified above, has not begun within 12 months from the date of City Council approval of the Final Development Plan. A time exten- sion of up to 12 months may be granted, upon a showing of good cause, if requested by the applicant and approved by the City Council. The determination of good cause shall be in the sole and absolute discretion of the City Council. If after an exten- sion of 12 months hereunder, substantial development has not been started, both the Final and Preliminary Development Plan shall be automatically declared null and void. Provided, however this shall not effect the zoning classification of plats recorded hereunder. A Final Development Plan which has been declared null and void by the City Council shall not fulfill the submittal requirements delineated in Item 1 of this Section. 3. These time restrictions have been established to promote the orderly and progressive development of PUD districts and to protect the public interest. In accordance with this purpose and intent, the Planning and Zoning Board may recommend, and the City Council may approve variences from the definition of substantial development provided that said varience and rea- sons for said requested action are presented, approved, and re- corded at a Public Hearing before the City Council. CODE SECTION 44.85(12) APPEAL A decision by the Planning and Zoning Board may be -19 appealed to the City Council. The City Council shall now, however , modify or reverse a decision of the Planning and Zoning Board without first holding a public hearing on the appeal. A decision of the City Council may be appealed to the appropriate Circuit Court of the State of Florida. Section 3. Conflicts This Ordinance shall not be construed to have the effect of repealing any existing Ordinance concerning the subject matter of this Ordinance, except as specifically stated herein, but the regulations established herein shall be supplemental and cumula- tive; however, in the case of a direct conflict with a provision or provisions of any existing Ordinance, the provision which is more restrictive and imposes higher standards or requirements, shall govern. Section 4. Severability. If any section, part of section, paragraph, sentence, clause, phrase, or word of this Ordinance is, for any reason, held or declared to be unconstitutional, inoperative, or void, such holding of invalidity shall not affect the remaining portion of this Ordinance and it shall be construed to have been the legislative intent to pass this Ordinance without such unconsti- tutional invalid or inoperative part therein, and the remainder of this Ordinance, after the exclusion of such parts, shall be deemed to be held valid as if this Ordinance had been adopted without the invalid provision therein; or if any provisions there of, shall be held inapplicable to any person, group of persons, property, kind of property, circumstances, or set of circumstance such holding shall not affect the application thereof to any other person, property or circumstances. Section 5. Effective Date. This Ordinance shall take effect immediately upon passage and adoption. FIRST READING June 7, 1976 SECOND READING: August 9, 1976 CITY OF WINTER SPRINGS, FLORIDA BY: Troy J. Piland ATTEST: Mary T. Norton CITY CLERK -20- CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the City Council of the City of Winter Springs, Florida, that said City Council will hold a public hearing at 7:30 p.m. or as soon thereafter as possible, on Monday, June 7 1976, to consider the adoption of an ordinance by the City of Winter Springs, Florida, title of which is as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, REPEALING SECTIONS 44.85.1 THROUGH 44.85.5 OF THE CODE OF ORDIN&~CES OF THE CITY; SETTING FORTH THE REQUIREMENTS FOR A ZONING DISTRICT KNOWN AS PLANNED UNIT DEVELOPMENTS; CREATING A NEW ZONING CLASSIFICATION KNOlNN AS PLANNED UNIT DEVELOPMENTS; CREATING SECTIONS 44.85.1 THROUGH 44.85.10 AS AN AMENDMENT TO ARTICLE XIV OF THE CODE OF ORDINANCES; CONFLICTS; SEVERABILITY AND EFFECTIVE DATE. A copy of said ordinance shall be available at the office of the City Clerk of the City of Winter Springs, Florida, for all persons desiring to examine the same. All interested parties are invited to attend and be heard. THIS NOTICE is to be published in the Evening Herald, a newspaper of general circulation in said City, one (1) time at least fifteen (15) days prior to the time of the public hearing. DATED this 10th day of May, 1976. CITY OF WINTER SPRINGS, FLORIDA MARY T. NORTON, City Clerk GARY E. MASSEY, ESQUIRE 616 E. Semoran Blvd. Altamonte Springs, FL 32701 Attorney for City F o R I N F o R M A T I o N o N L y - BROCK, MASSEY & WALDEN ATTORNEYS AND COUNSELORS AT LAw SUITE 102, SEHOJlAN BUILDUiO 616 EAST SEHORAN BOULEVABD ALTAMONTE SPRINGS, FLORIDA 32701 NEWMAN D, BROCK GARY E, MASSEY FRANKLIN T, WALDEN Hay la, 19]C The Evening Herald 300 North French Avenue S~~ford, Florida 32771 Re: Notice of Public Hearing City of ~\1inter Springs " Dear Sir: Enclosed please find notice of Public Hearing to be published as a legal aevertisenent. Please publish as soon after receipt, or in nor event later than 15 days prior to the date of the public hearing. Please fonrarrl your bill and proof of phblication to tiIrs. I-lary T... Norton, City Clerk, 102 North 110ss Road, Winter Springs, Florida. Thank you for your cooperation in this matter. Yours truly, Gary E. l'!assey CityAAttorney GEH/amw Ene. cc: Nary T. Northn, City Clerk TELEPHONE (30I5l'834.8lU