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HomeMy WebLinkAboutOrdinance 367 Zoning ORDINANCE NO. 367 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING ARTICLE XIV, PLANNED UNIT DEVELOPMENT ZONING; PROVIDING FOR THE ADOPTION OF ARTICLE XIV, PART B; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, Article XIV of the Winter Springs Code of Ordi- nances entitled "Planned Unit Development Zoning" has become outdated; and WHEREAS, the City Commission of Winter Springs, Florida, has determined it to be in the best interest of the City to repeal Article XIV to allow for the adoption of a current and more effective Article XIV of its Code of Ordinances, entitled "Planned Unit Development Zoning". NOW, THEREFORE, THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION I - That the existing Article XIV of the Winter Spr ings Code of Ordinances is hereby amended such that it is hereby re-titled "Article XIV, Part A". SECTION II - That a new Article XIV, Part B of the Winter Springs Code of Ordinances, is hereby created to read as follows: ARTICLE XIV, PART B. PLANNED UNIT DEVELOPMENT ZONING SECTION 44.85.1 INTENT AND PURPOSE OF DISTRICT The intent and purpose of the Planned Unit Development (PUD) zoning district are as follows: 1. To provide for planned, and architecturally controlled residential communities allowing a diversification of structures; commercial centers allowing a diversifica- tion of uses and structures; controlled industrial parks; and public and quasi-public facilities developed in accordance wi th an approved development plan; all designed to promote the public health, safety and general welfare., 2. To allow for a controlled graduation of density, com- patible and harmonious with and complimentary to per- mitted land uses on abutting properties. 3. To preserve the natural amenities and environmental assets of the land by 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 more so than is possible through conventional practices. 5. To provide maximum opportunity for application of inno- vative concepts of site planning in the creation of aesthetically pleasing living, shopping, working and recreation environments on properties of adequate size, shape and location. 6. To encourage a natural use of land in planning networks of utilities and streets more so than is possible in other zoning districts. 7. To allow for the creation of well-balanced communities that provide active, improved recreational and support- ive facilities. 8. To insure that development will occur according to the limitations of use, design, coverage and phasing as stipulated on the master and final subdivision plans. SECTION 44.85.2 INTERPRETATION, PURPOSE AND CONFLICT In interpreting and applying the provisions of this ordi- nance, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general wel- fare of the community. It is not intended by this ordinance to interfere with, abrogate or annul any lawful easements, cov- enants, or other agreements between parties; provided however, that where this ordinance imposes a greater restriction upon the use of buildings or premises, or upon the heights of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by lawful easements, covenants or agreements, the provisions of this ordinance shall control. SECTION 44.85.3 PERMITTED USES The following uses shall be permitted in the PUD district if they are complimentary to and harmonious and compatible with each other and adjacent land uses, and if designated on an approved Master an~ Final Subdivision Plan: 1. Planned residential communities: Residential dwelling uni ts, including but not limi ted to detached single- family homes, patio homes, apartments, condominiums, and townhouses, provided that all are compatible with each other. Complimentary and compatible supportive commercial land uses, if included must not exceed 5% (five percent) of the net acreage and must be designed to create an aesthetically pleasing and harmonious environment. 2. Planned commercial centers: Commercial uses, including but not limited to business services, professional services, personal services, retail sales and services and full service stations (with mechanics). Compli- - 2 - mentary and compatible residential and/or industr ial land uses, if included, must be designed to create an aesthetically pleasing and harmonious environment. Complimentary and compatible industr ial land uses, if included, must not exceed 25% (twenty-five percent) of the net acreage. 3. Planned industrial parks: Light industrial uses not to exceed the intensity of use presently provided for by the City Code. Complimentary and compatible commercial land uses, if included, must be designed to create an aesthetically pleasing and harmonious environment. 4. Any other private, public or semi-public uses ade- quately buffered both in sight and distance from, but complimentary to and compatible and harmonious with, planned residential, commercial and/or industrial development. SECTION 44.85.4 SITE DEVELOPMENT STANDARDS 1. Site development standards shall be established for PUD's: to insure adequate levels of light and air; to maintain and enhance locally recognized values of com- munity 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 Commission an overall maximum residential density and height limitations for each dwelling unit type in the proposed PUD. The Com- mission may adopt the recommendation or make such changes or amendments it deems appropriate. Types 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 Commission and Planning and zoning Board in establishing the residential densities and height limitations shall be as follows: a. The compatibility wi th other zoning distr icts in the vicinity of the subject property and with adopted comprehensive land plans and policies. b. The preservation of natural features and environ- mental assets of the site. c. The provisions for landscaped common open space providing leisure and recreational uses for the residents. d. The adequacy and proximity of paved public roads, utilities, services, and facilities required to serve the development. e. Maximum densities for planned residential communi- ties shall be: Type Maximum Units Per Net Residential Acre Height Single Family Detached Patio Homes Townhouses Condominiums/ Apartments 4.0 2 Stories 6.0 8.0 10.0 2 Stories 2 Stories 3 Stories - 3 - f. Not exceeding the maximum number of units per net residential acre as shown in the preceding para- graph, densities shall be limited to a maximum increase of two units per acre for each 440 (four hundred forty) feet from the edge of any existing, or planned and approved, abutting or contiguous sub-divisions, whether the latter be wi thin the PUD or not. Any increase in densi ty beyond the first 440 (four hundred forty) feet shall simi- larly be limited to two additional units per acre per 440 (four hundred forty) feet. 3. The applicant shall propose, and the Planning and Zon- ing Board shall recommend, the maximum allowable floor area ratio for all commercial and industrial uses within the PUD to the City Commission. The Commission may adopt the recommendation or make such changes or amendments as it deems appropriate. 4. The following site development standards shall apply unless modified by the City Commission, after receiving recommendations from the Planning and Zoning Board, and specifically finding that the unique characteristics of the development in question make unnecessary the appli- cation of one or more of these provisions in order to carry out the intent and purpose of the planned unit development district. a. The natural topography, soils and vegetation 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 vegetation and trees shall be in accordance with the appropr ia te section (s) of Chapter 14 of the City Code. b. Landscaping consisting of trees, shrubs, vines, ground covers, and irrigation facilities shall be installed in common areas of residential develop- ments and in special areas of commercial and industrial developments. Special attention should be given to parking areas, refuse storage areas, building setback requirements and separation areas to achieve adequate screening. c. Common open space, at a rate of not less than 15% of the gross acreage, and recreational facilities shall be provided to adequately serve the resi- dents of the PUD. Recreational facilities to be provided shall be no less than those minimum stan- dards recommended by the current issue of the National Recreation Association. d. All land shown on the final development plan as common open space, parks and recreational facili- ties shall be protected through deed restrictions which shall insure the preservation of its intended use. A mandatory homeowners association shall insure the maintenance of said common open space, parks and recreational 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. - 4 - f. The proposed location and arrangement of struc- tures shall be compatible and harmonious with and complimentary 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 setbacks from the mean high water level of any lake, stream or body of water shall be at least one hundred feet (100). Structures or buildings located at the perimeter of the PUD shall be set back a distance of at least thirty five (35) feet. Other minimum setbacks, lot sizes, and lot widths shall be proposed by the applicant, reviewed by the Staff and the Planning and Zoning Board, and approved or modified by the City Commission. h. Central water systems, sewage systems, areas for the disposal of effluent, storm water management systems, utility lines and easements shall be provided in accordance with the appropriate sec- tions of Chapters 14 and 16 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 minimum ratio of two spaces per one bedroom unit and two and one-half spaces per two or more bedroom units. Public rights-of-way shall not be improved as parking areas. j. Streets shall be designated and improved in accor- dance with the appropriate sections of Chapter 14 of this Code. Collector and arterial streets shall be free from backing vehicles from adjoining parking areas. k. Local streets shall provide access within the PUD in a manner that will discourage through traffic and provide for convenient accessibility to park- ing areas. Local streets shall be so located that future urban development will not require their conversion to arterial routes. 1. Wherever practicable, vehicular and pedestrian passageways shall be separated. A system of walk- ways between buildings, common open space, recrea- tion areas, and parking areas shall be adequately lighted where appropriate for night time use. m. For each 500 dwelling units within the residential PUD a minimum site of twenty'usable and contiguous acres shall be dedicated for the purposes of edu- cation and/or recreation, at the discretion of the City Commission. n. Commercial, multiple family structures or build- ings and common open areas located at the perim- eter of the PUD shall be permanently screened by a green belt or buffer zone. The green belt/buffer zone shall be an area at least thirty-five (35) feet in width and of such height and density as to protect the privacy and amenities of the adjacent areas. It may be tree, shrubs, wall or fence or a combination as approved by the City Commission. - 5 - o. As deemed appropr ia te, the Planning and Zoning Board may recommend and the Ci ty Commission may approve the imposition of additional restrictions not herein mentioned to insure the protection of the public interest. SECTION 44.85.5 PROCEDURE FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT The procedure for obtaining approval of a PUD zoning classi- fication shall be as follows: 1. Pre-application Conference - The applicant shall con- tact the City Planner to arrange a meeting with the Planning and Zoning Board, or its designee, in order to review the proposed PUD request pr ior to formal sub- mittal of said request. 2. Submittal The applicant shall submit to the Ci ty Clerk a change of zoning request, the proper applica- tion fee, and six copies of the Master Plan. The application form, one copy of the Master Plan, and all supportive documents shall be placed in a permanent file to be kept at City Hall and open to public inspec- tion during normal business hours. 3. Staff Review - The City Planner shall arrange a Staff Review meeting. The Staff shall consist of the City Engineer, Fire Chief, Police Chief, and such other department heads or consultants deemed necessary by the City Manager. It shall be the duty of the Staff to review the Master Plan and submit their written recom- mendation to the City Manager with copies to the Planning and Zoning Board. The applicant shall be invited to attend this meeting. 4. Planning and Zoning Board Review - The Planning and Zoning Board shall review the Master Plan and the Staff recommendations and propose any suggested revisions to the plan. The applicant shall be invited to attend this review meeting. The Board shall then authorize the City Clerk to schedule and advertise a public hear- ing on the PUD request before the Planning and Zoning Board. 5. Planning and Zoning Board Public Hearing - The Planning and Zoning Board shall hold a public hearing to con- sider the change of zoning request. The Board shall either recommend approval, approval with modification, or denial of the request to the City Commission, stat- ing their reasons for said action. The City Clerk ~hall then schedule and advertise a public hearing on the request before the City Commission. 6. City Commission Public Hearing - The City Commission shall review the Master Plan, the Staff recommendations and the Planning and Zoning Board recommendations, and then hold a public hear ing to consider the request. The Commission shall either approve, approve with modi- fications, or deny the request, stating their reasons for said action. if the request is approved, the prop- erty shall, by duly enacted ordinance, be re-zoned PUD with Master Plan approval and shall be so designated on the official zoning map. No permits may be issued at this time. - 6 - 7. Final Subdivision Plan; Preliminary Review - When the applicant is preparing to submit a Final Subdivision Plan, he shall first contact the City Planner and arrange to review the proposed 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 and in conformance with the Master Plan. The review pursuant to Chapter 14 must be carried out simultaneously with the review of the final subdivision plan. 8. Submittal The applicant shall submit to the City Planner seven (7) copies of the Final Subdivision Plan with an application form and fee as the request for Final Subdivision Plan approval. The Final Subdivision Plan may include all or a part of the area included in the Master Plan. The request and one copy of the Final Subdivision Plan shall be placed in the permanent file at City Hall and shall be open to public inspection during normal business hours. 9. Staff Review - The City Planner shall arrange a Staff Review meeting. The Staff, for the purpose of this paragraph, shall include the Land Development Coordina- tor, City Engineer, Fire Chief, Police Chief, and such other department heads or consultants deemed necessary by the City Manager. It shall be the duty of the Staff to review the Final Subdivision Plan and submit their written comments relative to Code compliance to the Ci ty Manager with copies to the Planning and Zoning Board. The applicant shall be invited to this meeting. 10. Planning and Zoning Board Review - The Planning and Zoning Board shall review the Final Subdivision Plan, and the Staff recommendations to insure compliance with the Master Plan. The Board shall ei ther recommend approval, approval with modifications, or denial of the plan to the City Commission, stating their reasons for said action. The applicant shall be invited to this meeting. 11. City Commission Review The City Commission shall review the Final Subdivision Plan and the comments of the Staff and recommendations of the Planning and Zon- ing Board. The Commission shall then either approve, approve with modifications, or deny the request for Final Subdivision Plan approval, stating the factual reasons for said action. 12. In reviewing the Final Subdivision Plan, the Planning and Zoning Board and the City Commission shall make findings of fact upon the following: a. Whether there is compliance with the intent and purpose of the PUD district and the approved Master Plan. b. Whether the phase of development in question can exist as an independent unit capable of creating a desirable and stable environment that does not adversely affect abutting existing communities. c. Whether existing and proposed utilities and trans- portation systems are adequate for the proposed population. d. Whether the development in question will be har- monious and compatible with and complimentary to - 7 - planned and/or existing abutting neighborhoods. Matters of homogeneity to be considered shall include, but not be limited to, density, architec- ture, landscaping, thoroughfares and lighting. e. As deemed appropriate, the Planning and Zoning Board may recommend and the City Commission may approve the imposition of additional restrictions not herein mentioned to insure the protection of the public interest. of the City Code 13. A final subdivision plan and final engineering plan, pursuant to Chapter l4/must be approved by the City before final plat approval can be given. 14.Any parcel that is created must have final plat approval by the City and recorded with the County, before any permits may be issued. 15. The Building Official, the Recreation Director and the City Engineer shall determine that all common open space and recreational improvements have been provided in accordance with the Master Plan, prior to the final acceptance of the last building or structure covered by the final subdivision plan. SECTION 44.85.6 MASTER PLAN The Master Plan, consisting of properly identified exhibits and supporting materials, shall clearly indicate the following: 1. The name, location, legal description, acreage and type of PUD. 2. Identification of present owners and developers of all land included in the development and the identification of the principal planners and engineers involved in the preparation of the Master Plan. Identification shall consist of the name of the individual, organization employing the individual and the address and phone number of the organization. 3. A vicinity map indicating the relationship between the PUD and its surrounding area, including adjacent streets, thoroughfares and developments within a 200 feet radius of the property line at a scale of 1" to 1000'. 4. The existing land use and zoning of the adjacent prop- erty and all contiguous property. 5. The existing topography and other natural features including but not limited to lakes, swamps, and flood prone areas. (USGS and FEMA information acceptable). 6. A soils map derived from the USGS 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. 7. An aer ial photo showing existing vegetation will be required at a scale of 1" to 200'. No vegetation shall be altered or eliminated prior to approval of the final subdivision plan except as permitted by the appropriate section of Chapter 14 of the City Code. - 8 - 8. A proposed land use plan of the subject property including 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 dwelling units, the acreage, and the proposed density by number of dwelling units per net residential acre. d. Each commercial or industr ial area according to the location, type, acreage, and proposed square footage of impervious surface which shall not exceed 65% of the total commercial or industrial acreage. e. All public and semipublic uses (schools, common open space, and recreational areas, etc.) accord- ing to location, type, acreage and square footage of impervious surface which shall not exceed 50% of the total acreage. 9. The proposed maximum height of all buildings and structures. 10.The priority and phasing of the development, in map form and narrative form, and the manner in which each phase of the development can exist as an independent uni t capable of creating an environment of sustained desirability and stability. Recreational facilities and other development facilities and amenities shall be specifically delineated in this phasing plan. 11.The proposed method of providing all necessary road improvements, water and sanitary sewer services, storm water management systems, power and communication sys- tems, and fire protection. 12.All exhibits must indicate the title, date of sub- mittal, and dates of any subsequent revisions and be at a graphic scale of 1" per 200'. 13. In order to protect the public interest, the Planning and Zoning Board and/or the City Commission may request any additional information deemed necessary for the decision making process. Failure to submit the requested information ~ill result in denial of the application. conditions, 14. A preliminary draft of declarations of covenants, and I restrictions must be submitted including, but not lim- ited to, the following items: a. Articles of incorporation for the Homeowners Asso- ciation. b. By-laws of the corporation. c. The relationship of the association of the sub- divisions to the master PUD association. - 9 - d. Dues, fees, maintenance of common areas, architec- tural guidelines, etc. SECTION 44.85.7 FINAL SUBDIVISION PLAN The final subdivision plan, which shall include all or a part of the Master Plan, must include those sections of Chapter 14 in regard to the preliminary engineering plan and shall include the following: 1. The name, location, legal description, acreage and type of PUD. 2. Identification (Name of the individual), the organiza- tion employing the individual, the address and phone number of the organization) of the present owners and developers of all land included in the development and identification of all consultants involved in the prep- aration of the master plan. 3. A vicinity map indicating the relationship between the PUD and its surrounding area, including adjacent streets, thoroughfares and developments wi thin a 200 foot radius of the property line at a scale of 1" to 1000 " . 4. The designated land use, densities prescribed, and present land use for the adjacent and all contiguous properties. 5. The existing topography and other natural features including but not limited to lake, swamps, and flood prone areas. (USGS and FEMA information acceptable). 6. A soils map derived from the USGS 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. 7. An aerial photo showing existing vegetation will be required at a scale of 1" to 2001. No vegetation shall be altered or eliminated prior to approval of the final subdivision plan except as permitted by the Winter Springs Arbor Ordinance. 8. A preliminary subdivision plan (preliminary plat) if the applicant proposes to create three (3) or more parcels. 9. A proposed land use plan of the subject property including but not limited to the following items: a. The name and location of all streets, highways, right-of-way widths, pavement width of proposed streets, easements, pedestrian ways, bicycle paths, and watercourses proposed in the develop- ment, and the general location of all access points to abutting arterials and highways. b. Each residential area according to the location, the number and types of permanent dwelling units, the acreage, and the proposed density by number of dwelling units per gross and net residential acre. - 10 - c. The locations, dimensions and uses of all build- ings and structures, other than dwelling uni ts, including proposed property lines, utility plants and permanent signs. d. Each commercial or industrial area according to the location, type, acreage, and proposed square footage of impervious surface. e. Open and covered off-street parking areas, includ- ing landscaping and external lighting systems. f. Distance of dwelling units from vehicular access- ways and parking areas. g. The design elevations and/or renderings and the proposed maximum height of all proposed buildings and structures; minimum setback and building sep- arations; maximum lot coverage; minimum floor elevation; and height of structures. h. Wall, fencing or landscaping between pr i vate and common areas, along streets and highways, drainage ways, railroads, and the perimeters of the development. i. Refuse storage areas and method of solid waste disposal. j. Areas to be conveyed or dedicated and improved for roadways, parks, playgrounds, school sites, utili- ties, and other similar public or semipublic uses. 10. A specific landscaping and tree planting plan in accor- dance with the City of Winter Springs Arbor Ordinance (Chap. 14, Article 1. 5) . The plan shall include the areas of vegetation to be preserved, the proposed method of preservation, and any proposed irrigation systems and landscaping materials. 11. Total acreage and types of open space and recreation areas. 12. Preliminary engineering plans and all land development plans must meet the requirements of Chapter 14 for roads, on and off site water, fire protection, sanitary sewer, and storm water management systems including existing ground surfaces and proposed elevations; typi- cal cross-sections of proposed grading, streets and sidewalks, canals and waterways; and proposed types of pavement. 13. Covenants, conditions, restrictions, agreements and grants which govern the use, maintenance and continued protection of buildings, structures, landscaping, com- mon open space, recreational areas and facilities wi thin the development. Said documents shall indicate to the satisfaction of the City Commission an accept- able method of insuring that all obligations and improvements designated in the final subdivision plan can and shall be completed. Bonds, or an escrow account, may be necessary in order to satisfy this requirement. a. The covenants, conditions, restrictions, agree- ments or grants which govern the use, maintenance, and continued protection of buildings, structures, landscaping, common open space, recreational areas - 11 - and facilities within the development, shall spe- cifically include a detailed outline of the following: 1. Uses; 2. Building height limitations; 3. Building area limitations; 4. Front, rear and side yard setback criteria; 5. Maximum lot area coverage; 6. Minimum living area; 7. Any other restrictions pertaining to build- ings or building placement. Examples of such restrictions are "no garage entrance shall be located on the front street side of dwell- ings" or "all appurtenant buildings, swimming pools, screen enclosures, or other additions shall be at the rear of and within the area encompassed by a rearward extension of the sidelines of primary dwelling." 8. Off-street parking requirements, both enclosed and open, and authorized locations for same. 9. Landscaping and tree preservation in accor- dance with the City of Winter Springs Arbor Ordinance (Chap. 14, Article 1.5). b. A developer or owner of a PUD as a condition to receive approval of PUD zoning or approval of a Final Subdivision Plan shall agree as a condition thereof that these covenants, conditions, restric- tions, agreements, or grants must be enforceable by the City of Winter Springs and that the City is the proper party plaintiff to enforce the same in law or equity in any court of competent jurisdic- tion. In addition, no permits shall be issued for buildings in a PUD that do not conform with the requirements above. c. In currently approved PUD's the requirements of subsection 13(a) above which are contained in currently listed or subsequently revised cove- nants, conditions, restrictions, agreements or grants shall be enforceable by the City in law or equity in any court of competent jurisdiction. 14. In order to protect the 'public interest, the Planning and Zoning Board and/or the City Commission may request any additional information deemed necessary for the decision-making process. Failure to submit the requested information will result in the denial of the application. SECTION 44.85.8 FINAL ENGINEERING PLAN APPROVAL After the approval of the Final Subdivision Plan and the Preliminary Engineering Plan, a Final Engineering Plan must be submitted and approved by the City Commission in accordance with - 12 - Chapter 14 and all other pertinent ordinances and regulations must be complied with. SECTION 44.85.9 ALTERATION TO THE MASTER PLAN 1. Any request for an alteration, revision or modification to the Master Plan shall be submitted to the City Planner for review by the Planning and Zoning Board. After review and receipt of Staff comments, 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 Master Plan: c. Any other pertinent ordinances or regulations. 2. 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 Commission. Upon receipt of recommendations from the Staff and the Planning and Zoning Board, the City Com- mission shall hold a public hearing on the request and either approve, approve with modifications, or deny the proposal stating the reasons for such action. 3. To protect the public interest, the Planning and Zoning Board may hold a published public hearing in the pro- cess of determining whether the alterations, revisions or modifications are consistent with the approved Master Plan in making a recommendation to the Ci ty Commission. SECTION 44.85.10 ALTERATIONS TO THE FINAL SUBDIVISION PLAN 1. Any request for an alteration, revision, addi tion or deletion to the Final Subdivision Plan shall be sub- mitted to the City Planner for review by the Planning and Zoning Board. The Board shall review the request and make finding of fact as to whether the proposal consti tutes a change in the Master Plan. If so, the request must first be processed according to Section 44.85.9. 2. If the proposed change is determined to be consistent with the Master Plan, the Board shall review the pro- posal and the Staff comments to determine whether or not the proposed change is consistent with the approved Final Subdivision Plan. If the change is substantially consistent with the Final Subdivision Plan, the Plan- ning and Zoning Board may approve, or approve with modification, the proposed change. 3. If the proposal is determined not to be substantially consistent with the approved Final Subdivision Plan, the Board shall forward to the City Commission a recom- mendation for approval, approval with modifications or denial of the request, stating their reasons for such action. The Commission shall then review the proposal and the comments of the Staff and the recommendations of the Planning and Zoning Board and either approve, approve with modifications, or deny the request stating their reasons for such action. - 13 - SECTION 44.85.11 CONTROL OF DEVELOPMENT FOLLOWING APPROVAL AFTER CONSTRUCTION COMPLETED 1. An approved PUD shall be considered to be a separate zoning distr ict, in which the Final Subdivision Plan, or Plans as approved, establish the restrictions, regu- lations, and district description according to which development shall occur. 2. After completion of construction of the area covered by a Final Subdivision 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 utili- ties are consistent with the purpose and intent of the Final Subdivision Plan they may be authorized by the City Commission unless superseded by the Declarations, Covenants, Conditions and Restric- tions covering the Final Subdivision Plan. b. Any uses not authorized by the Final Subdivision Plan must be approved in accordance with the pro- visions of Section 44.85.10. c. A Building or structure that is totally or sub- stantially destroyed may be reconstructed only in compliance with the Final Subdivision Plan unless an amendment to the Plan is approved in accordance with the provisions of this article. SECTION 44.85.12 UNIT DEVELOPMENT TIME RESTRICTIONS ON APPROVAL OF PLANNED 1. A Master Plan shall become null and void if a Final Subdivision Plan, for any subdivision of the PUD, is not submitted for approval within one year of the date of the approval of the Master Plan. 2. After the applicant has submitted a Final Subdivision Plan for all, or a part of the PUD, the applicant shall, wi thin twelve months of the date of the Ci ty Commission approval, complete substantial development in accordance with the Final Subdivision Plan. For the purpose of this section, "substantial development" is defined as follows: a. Where ten (10) acres, or less, are included within the Final Subdivision Plan, one hundred (100) per cent of all roads, utilities and drainage facili- ties plus more than forty (40) per cent of all buildings must be completed. b. Where the Final Subdivision Plan includes more than ten (10) acres but less than twenty-five (25) acres, eighty (80) per cent of all roads, utili- ties and drainage facilities, plus thirty (30) per cent of all buildings must be completed. c. Where the Final Subdivision Plan includes twenty- five (25) acres, but less than fifty (50) acres, sixty (60) per cent of all roads, utili ties and drainage facilities plus at least twenty (20) per cent of all buildings must be completed. d. Where the Final Subdivision Plan includes fifty (50) acres or more, forty (40) per cent of all roads, utilities and drainage facili ties plus at - 14 - least twenty (20) per cent of all buildings must be completed. 3. The Final Subdivision Plan approval and Final Engineer- ing Plan approval shall be declared null and void if substantial development, as specified above, has not been completed within twelve (12) months from the date of City Commission approval. a. A time extension of up to twelve (12) months may be granted, upon a showing of good cause, if requested by the applicant and approved by the City Commission. The determination of good cause shall be in the sole and absolute discretion of the City Commission. b. If after an extension granted hereunder, substan- tial development has not been completed, both the Master Plan and the Final Subdivision Plan shall be automatically declared null and void, provided however this shall not effect the zoning density of plats recorded thereunder. 4. Any zoning density which has been assigned pursuant to a master or final subdivision plan under this article, which plan subsequently is declared null and void shall not be effected. affected SECTION 44.85.13 APPEAL A decision by the Planning and Zoning Board may be appealed to the City Commission. The City Commission shall not modify or reverse a decision of the Planning and Zoning Board without first holding an advertised public hearing on the Appeal. A decision of the City Commission maybe appealed to the appropriate circuit court of the State of Florida. SECTION 44.85.14 DEFINITIONS 1. Apartments: Multifamily dwelling uni ts not to exceed three (3) stories in height and in which the occupants are not normally the owners. Apartments, mayor may not, have units one above the other with several units sharing the same entrance hall or court. 2. Applicant: The legal or beneficial owner or developer of the land proposed to be included in a PUD or subdi- vision thereof. 3. Common Open Space: An area of land or water or any combination thereof, within the area of a PUD which is designated and intended for the use and enjoyment of the residents of the PUD in common. 4. Condominium: Actual ownership of real property that is a combination of ownership in fee simple of the dwell- ing unit and an undivided ownership, in common wi th other purchasers, of the common elements in the struc- ture including the land and its appurtenances. Condo- minium shall refer to any dwelling unit developed, constructed and sold in the manner described above. - 15 - 5. Detached Single-family Dwelling: A building with no party or lot line walls, designed to be occupied exclu- sively 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 construc- tion of a PUD, or subdivision thereof. 7. Final Subdivision Plan: The set of documents delin- eated in Section 44.85.7 which serves as the specific development standard for the PUD area which it encom- passes. The final Subdivision Plan may include all, or part of, the Master Plan. 8. Floor Area Ratio: The ratio of the number of square feet, or fractions thereof, of covered floor area in a particular phase as the numerator, over the number of every square foot of land area, within the same par- ticular phase, exclusive of public or private streets. 9. Gross Acreage: The total number of acres wi thin the perimeter boundaries of a PUD, or subdivision thereof. 10. Gross Residential Acreage: The total number of acres available for the construction of residential buildings or structures. Land devoted to schools, utilities and water areas shall not be included. 11. Landowner: The legal or benef icial owner of all land proposed to be included in a PUD, or one having pos- sessory rights of equal dignity. 12. Lot Line Wall: A wall adjoining and parallel to the lot line used primarily by the party upon whose lot the wall is located. 13. Multifamily dwelling: Buildings designed to be occu- pied by two (2) or more families living independently of one another. 14. Open Space: The gross acreage of the PUD exclusive of buildings, accessways and parking areas. 15. Party Wall: A fire wall on an interior lot line, used or adapted for joint service between two buildings. 16. Patio Homes: Single family dwelling units with a pri- vate outdoor living area, one side wall of which may be a party or lot line wall having a two hour fire rat- ing. 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 provisions of this article. The letters "PUD" shall be considered an abbreviation for "Planned Unit Develop- ment" in this Code. 18. Master Plan: The set of documents delineated in Sec- tion 44.85 which serves as a general development stan- dard for the PUD district, or subdivision, it covers. 19. Net Residential Acreage: The total number of acres of land explicitly available for the construction of resi- dential buildings and structures. Land which is not - 16 - suitable for the construction of residential buildings or structures, or which is devoted to schools, water areas, commercial land uses, utilities, common open space shall not be included. Land which has been declared environmentally sensitive by the Florida State Department of Environmental Regulation shall not be included. 20. 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 ceil- ing next above it. 21. Townhouses: Self-contained dwelling units located side by side with no units located above or below one another and designed and constructed so that the units may be individually owned. Townhouse units are nor mally in groups of three to six units and except for the end units are separated by party or lot line walls on each side, each of which shall have a minimum two hour fire rating. ARTICLE XV. CHANGES AND AMENDMENTS SECTION 44.86. CHANGES AND AMENDMENTS The City Commission, may from time to time amend, supple- ment, change or repeal the regulations, restrictions or district boundaries and designations as set out in this ordinance after a public hearing(s) as provided in Chapter 176.06, Florida Statutes 1965, and any amendments thereto, and as provided by the intents herein contained and in accordance with the intents and purposes of the Florida Statutes. ARTICLE XVI. PENALTY SECTION 44.87. PENALTY Any person or persons, firm or corporation violating or failing to comply with the terms and provisions specified herein upon conviction and at the discretion of the court may be fined, imprisoned or both as deemed appropriate by the court. Each day that a violation is permitted to exist shall constitute a sepa- rate offense. SECTION III - If any section or portion of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section or subsection or part of this Ordinance. - 17 - SECTION IV - Article XIV, Part A applies to all Planned Unit Developments approved prior to the effective date of Article XIV, Part B. Article XIV, Part B applies to all Planned Unit Developments approved and all applications for PUD approval submitted after the effective date of this ordinance. SECTION V - That all ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION VI - This Ordinance shall take effect immediately upon its final passage and adoption. Passed and adopted this 11th day of May, 1987. CITY OF WINTER SPRINGS JOHN V. TORCASO, MAYOR ATTEST: Mary T. Norton CITY CLERK First Reading 1/26/87 Posted 2/2/87 First Reading Amended Ordinance 3/23/87 Posted 3/31/87 Public Hearing 5/11/87 A227LJBZ03-E2 - 18 - 01/23/87 The'Orl:~ndo Sentinel }'"- _ Puhlir~ baily .. Alc;.monte Sp';">ga, Seminole County, Florida ADVERTISING CHARGE----1 ~htte of lfloriba} SS. COUNTY OF ORANGE , who on oath says that she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper Before the undersigned authority personally appeared Donnaberta Miner Sworn to and subscribed before me this 21st clay NOTICE OF PUllLIC HEARING CITY OF-WINTER SPRINGS, FLORIDA NOTICE IS HEREBY GIVEN by Ihe Ci~ Commi~ of the City of Winter Spnngs, AoriCIe, thaI said Commission will hold a Public Hearing on an ordi- nance entitled 88 follows: ORDINANCE NO. 317 AN ORDINANCE OF THE-CITY OF WINTER SPRINGS, FLORIDA, AMENDING ARTICLE XIV, PLANNED UNIT DEVELOPMENT ZONING; PROVIDING FOR THE ADOPTION OF ARTICLE XIV PART B; PROVIDING FOR SEV~ ERABILlTY, CONFLICTS AND EF- FECTIVE DATE. This Public Hearing ",ill be held at 7:30 p.m. on Monday, May 11, 1987, or 88 soon. ~ 88 possjble in the Commission Chamber, City Hall, ~~~g:.881 S.R, 434, Winter Springs, A. Copies of the proposed ordinance are evailabla in. the office. of the City Clerk for '118P89lion. Il)\eraatad parties may appear at this hearing and be haard with respect to this proposad ordInance. Persona are adviead that if !hay d. c,de to appeal any decision mads at this maeting, !hay will need a record of the procaadlngs and for such pur" ~, !hay may need to ansure that s verbatim record of the procaadings is made which includes the testimony and evidence upon which the appeal ~~~St= par Section 286.0105 I Dated this 10th d~ of April, 1987. i ~~~I~: INTER SPRINGS, / s/Mary T. Norton Mary T. Norton, City Clark L8-036(8a) Apr.19,1987 published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad- vertisement, being" Notice of Public Hearing in the matter of Ordinance No. 367 in the Court, was published in said newspaper in the issues of April 19, 1987 Affiant further says that the said Orlando Sentinel is a newspaper published at Altamonte Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin- uously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Seminole County, Florida for a period of one year next preceding the first publication of the attached copy of ad- vertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. -l)=<A <z-b~ it ~4'A:J.' of _---Ap ~'"V, ~ FORM NO. AD-264