HomeMy WebLinkAbout1976 01 08 Regular
J?O:
W~nter $~r~ng~ fl~nning ~nd Zoning Board
~FROM :
Dianne Kramer (City Planner)
DATE:
22 October 1975
RE :
PUD Ordinance Revisions
After reviewing the City PUD Ordinance and the changes you have already
made, I would like to offer a few items for thought and discussion.
A. The most important aspect of a successful PUD Ordinance is the
administration, or implementation, of that ordinance. 'l,'he
procedures that are followed, the records that are kept, etc.
can either make the ordinance a valuable tool in the City's
planned growth or create a giant headache and overalLbad
experience for the City. For this reason I feel 'that'you should
establish a PUD processing and guideline system to accompany
your new ordinance. This procedure system would not be a:part
of the ordinance, but it would be informally established as City
administrative policy. Some suggested items to be included in
this system are as follows: '
1. A City employee (i.e. City Clerk or Zoning Administrator)
should be in charge of establishing permanent PUD files on
each PUD application. These files would contain the initial
application, any correspondence relating to the PUD, minutes
from any and all hearings held on the PUD, any and all plan
revisions (properly dated and noted), etc.
2. The City employee who is in charge of the PUD files should
be the only one who can accept an initial or subsequent
application. He, or she, then would be responsible for making
sure that all required exhibits are included.
4.
3. Any and all minutes from hearings when a PUD plan is present~d
(reguardless of the nature of the presentation) should ,,' ,"
include the basic la,nd use statistics of the, plan,presel1-:t:e.d,;, ,.~ ;
(i. e., number of acres, number and types '6f~ uni ts', derisi~ie:s~-:;
etc.) ,';L'h,is inclusion is espicially impo:x'tant, beG.~use~t;'s~~ef
as a doubl~ check and record of what isapproved.-,: So~ .inany,<"~' "
times plans are not dated and no one is really sure,:Y{hichc,;
plan was presehtedwhen, or which plan is th~;,c:tppr6ved'J?f.an."
Some kind of technical review committee should be -'es.ta,b,I~hed
to review all PUD applications and revisions and proviae~ a'
wri tten recommendation to the Planning and Zoning Boar,d';);md
the City Council before any action is taken on thepr9i)os~1.
This review committee might include the City Engipeer;'t1le
employee in charge of the PUD files, the Fire Chief, ,the '
City's planner (or'perhaps a planner from Seminole ~QUPty
Planning Department or ECFRPC), etc. ','
(2)
8, ~our present and proposed ordinance is basically limited to
planned residential development. Planned commercial and planned
industrial developments also have a great deal of merit and it
seems unfortunate to rule out these possibilities.
C. It would also be worthwhile to reconsider the detailed elements
under "Permitted Uses". Each PUD has different development
qualities - location, service area, adjoining land use, etc.,
and each PUD should be thus evaluated on its own merit. That
is the purpose of PUD. In accordance with this concept, there
should be no specific "permitted uses", the ordinance should
simply state that all proposed uses should be "compatible and
complementary". The City then has the flexibility to determine,
in each case, whether or not the proposed uses are compatible and
complementary. The present ordinance spells out exactly which uses
are compatible and complementary and thus leaves nothing to
individual site development evaluation.
The commercial and office restrictions particularly limit the
City's flexibility of design and control. The specified
standards are valid in some situations, but not in all, and that
is the problem. (Many of these points could perhaps be included
as development guidelines)
D. The preliminary development plan (or preliminary application as
it is referred to in your ordinance) should include the following
information:
1. The name, location, legal description, acreage and type of
planned unit development.
2. Identification of the present ownership and developers of all
land included in the development.
3. Identification of all consultants involved in the plan
preparation.
4. A vicinity map indicating the relationship between the planned
unit development and its surrounding area, including adjacent
streets, throughfares, and developments.
5. The existing land use and zoning of the subject property and
all contiguous property.
6. The existing topography and other natural features including
lakes, swamps, and flood prone areas. (USGS Acceptable)
7. A soils map indicating the location of existing soil types and
a brief description of the development capabilities of each
soil type. Prime water recharge areas should also be
indicated.
8. A general description of existing vegetation.
""\"""'--~,..............,._-_..~.~.,--
(3)
9. A proposed land use plan of the subject property including
but not being 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 areterials and highways.
b. Identification of all existing major road setbacks and
proposed ROW widths.
c. Each residential area according to the location, the
number, and type of permanent or transient dwelling
units, acreage, and the density b~ number of dwelling
units per gross residential acre.
d. Each commercial or industrial area according to the
location, type, acreage, and the proposed floor area
ratio.
e. All public uses, schools, open space, and recreation
areas according to location, type, and acreage.
10. Maximum height of buildings and structures requested.
11. The priority and phasing of development and the manner in
which each phase of development can exist as an independent
unit capable of creating an environment of sustained
desirability and stability.
12. The proposed method of providing for all necessary road
improvements, water and sanitary sewer service, storm water
management system, and fire protection.
13. All exhibits must indicate the date of submittal and the dates
of any subsequent revisions.
E. The final development plan should include the following
information:
1. Identification of the present ownership and developers of all
land included in the development.
2. Identification of all consultants involved in the plan
preparation.
3. Location map showing 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.
*
Gross Residential Acre - an acre of land committed to the explicit
use of residential buildings or structures or which provides access
or contributes to the amenties of the development such as parks,
open space, parking lots, etc. Land devoted to schools, water
areas and utilities shall not be included.
(4)
5. A preliminary subdivision plan, if applicant proposes to
create parcels.
6. A plot plan with scaled dimensions including but not limited
to the following:
a. The name, location, width and design of existing streets,
including abutting arterials within 200 feet of the
subject property.
b. The names, locations, ROW widths, arid width of pavement of
proposed streets, easements, pedestrian ways, bicycle
paths and water courses.
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, indicating
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 or highways, drainage ways, railroads,
and along the periphery of the development.
g. Refuse storage areas and method of solid waste disposal.
h. Areas to be conveyed or dedicated and improved for
roadways, parks, parkways, playgrounds, school sites,
utilities, and other similar public or public service uses.
i. The number 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
acre; setbacks and buildings separations; maximum lot
coverage and height of structures.
7. General landscaping and treeplanting plan.
8. Design elevations and/or renderings of all proposed buildings
or structures.
9. Total acreage and types of open space and recreation areas.
10. Preliminary engineering plans for roads, water, fire protection,
sewerage, and storm water management systems including
existing ground surfaces and proposed elevations; typical
cross-sections of proposed grading, streets and sidewalks,
canals and waterways; and proposed types of pavement.
(5)
11. Covenants, conditions, resitrictions, agreements and grants
which govern the use, maintenance, and continued protection
of buildings, structures, and landscaping within the
development.
F. The Final Development Plan should be evaluated according to the
following criteria:
1. The plan should substantically comply with the purpose and
intent of the PUD district and the approved preliminary
development plan.
2. The phase of development in question should exist as an
independent unit capable of creating a desirable and stable
environment.
3. The existing or proposed utility services and transportation
systems should be adequate for the proposed population.
4. The preliminary engineering plans should be acceptable to the
City Engineer.
After a Final Development Plan is approved, a PUD may proceed in the
following directions:
1. If the phase in question is being subdivided, the PUD will then
follow through in obtaining final Plat approval.
2. The Zoning Director/Building Official shall approve permits for
buildings and structures in the area covered by the approved
Final Development Plan, if they are in conformity with the
approved Final Development Plan and with all other applicable
ordinances and regulations. The Official shall also determine
that all open space improvements have been provided in
accordance with the approved Final Development Plan prior to
acceptance of the last building or structure covered by the
approved Final Development Plan.
3. No permits shall be issued in any area not included in an
approved Final Development Plan.
4. Improvement bonds for facilities to be owned and maintained
by the City shall be posted before the issuance of building
permits.
G. Site Development Standards, or Section 44-85-5 Standards for
Approval in your ordinance, should be established in order to
insure adequate levels. of light, air, and density; to maintain and
enhance locally recognized values of community appearance and
design; to promote functional compatibility of uses; to promote
the safe and efficient circulation of pedestrian and vehicular
traffic; to provide for the orderly phasing of development; and to
otherwise protect the public health, safety and general welfare.
"""f""""~""'-'~--"'-~-~
(6)
1. Winter Springs ordinance requires a minimum area of 50 acres
for a PUD, and of 100 acres if that PUD is to include any
commercial. This requirement is extremely restrictive,
espically for a City ordinance. PUDs need not cover large
areas-small acreage PUDs lend themselves to better control
and are a very valuable asset to City development. The City
would have mush better flexibility and control without a
specified minimum acreage.
2. Residential densities should be expanded to include criteria,
similar to the following:
The applicant shall propose and the Planning and Zoning Board
shall recommend to the City Council an overall maximum
residential density and maximum residential densities and
maximum height limitations for each dwelling unit type in the
proposed PUD. The Council may adopt the recommendation or
make such changes or amendments it deems proper. Types of
residential construction may be intermixed so long as the
adopted overall residential density and height limitation of
each type is not exceeded.
The criteria for establishing the residential densities and
height limitations are as follows:
a. Compatibility with other zoning districts in the vicinity
of the subject property and with adopted City development
plans and policies.
b. The preservation of natural features and environmental
assets of the site.
c. The provision of landscaped common open space for the
leisure and recreational use of the residents.
d. The adequacy of public roads, utilities, public services,
and facilities required to serve the development.
e. The maximum allowed number of dwelling units per gross
residential acre and maximum height by type of dwelling
unit are as follows:
TYPE
MAXIMUM UNITS
PER GROSS
RESIDENTIAL ACRE
MAXIMUM
HEIGHT
Single Family
Patio Homes
Townhouses
Garden Apartments
Hi-rise Apartments
Detached
(a)
(b)
(c)
(d)
4.5
7.0
10.0
16.0
32.0
2 Stories
2 Stories
3 Stories
3 Stories
(7)
a. Patio Homes - Single family dwelling units with a private
outdoor living area, side walls of which may be partly
or lot line walls with a minimum 2 hr. fire rating.
b. Townhouses - Self-contained dwelling units located side by
side with no units located above or below each other, which
are designed and constructed so that the units may be
individually owned. Townhouse units are separated by
party or lot line walls which shall have a minimum 2 hr.
fire rating.
c. Garden Apartments - Multi-family dwellings up to three
stories in height, provided with some community amenities
such as swimming pools, tennis courts, and laundry rooms.
Typically garden apartments have units one above another
with several units sharing a common entrance hall or court.
d. High-rise Apartments - Multi-family dwellings four or more
stories in height.
3. The City is even further restricted by the specified ratios of
dwelling units. This section of the ordinance is of marginal
value and would afford the City better flexibility if it were
eliminated.
4. Parts (5( and (6) (Dimensional and Bulk Regulations; Open
Space) should be deleted, as they are actually covered ~n other
sections. Suggested replacements are listed below:
The following site development standards shall apply, unless
specifically waived by finding of the Planning and Zoning
Board and the City Council that the unique characteristics
of the development in question make the application of one
or more of these provisions unnecessary in order to carry out
the intent and purposes of the PUD district.
a.
The natural topofraphy, soils and vegetation should be
preserved and utilized, where possible, through the careful
location and design of circulation systems, buildings and
structures, parking areas, open space and recreation areas.
Removal of nature trees shall be compensated through
installation 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
commercial and industrial development. Special attention
should be given to parking areas, refuse storage areas, and
in building setback and separation areas to achieve proper
screening.
c.
Open space and recreational facilities and areas shall be
provided and should be adequate in size and location to
serve the residents of the PUD.
(8 )
d. The proposed location and arrangement of structures should
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.
e. All land shown on the Final Development Plan as common
open space, parks, and recreation facilities shall be
subject to deed restrictions which insure the payment
of future taxes and the maintenance of areas and
facilities for a safe, healthful, and attractive living
environment.
f. Building setbacks from the mean high water level of any
lake shall be 50 feet. No other minimum setbacks, lot
size, or lot width shall prevail.
g. Streets shall be designed and improved in accordance with
the appropriate sections of the Subdivision Ordinance.
Collector and arterial streets shall be free of backing
movem~nt from adjoining parking areas.
,..,,~'->.,.
h. Parking and loading reguirements shall be based on Article
XII of the Zoning Ordinance.
Residential off-street parking shall be provided in a ratio
of 1 1/2 spaces per one bedroom dwelling unit and 2 spaces
per 2 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 destroy the ground cover.
H. Alterations to Preliminary or Final Development Plans.
1. Minor alterations or modifications to the Preliminary or Final
Development Plan may be permitted after review and approval
by the Planning and Zoning Board, provided they are sub-
stantially consistent with purposes and intent of the approved
Preliminary Plan.
2. Substantial changes in requested uses, densities, phasing,
or other specifications of the Preliminary or Final
Development Plan may be permitted following public hearing
and approval by the City Council upon receipt of recommendations
from staff and the Planning and Zoning Board in accordance
with Section 44.14.
I. Control of Development Following Completion.
1. Upon completion of the Fianl Development Plan, the use of the
land and the construction, modification or alteration of any
buildings or structures within the PUD will be in accordance
with the approved Final Development Plan, rather than with
other provisions of the Zoning Ordinance.
~~-~--'-.-"r-"--._-"-~"'" .
(9)
2. A building or structure that is totally or substantically
destroyed may be reconstructed only in compliance with
the Final Development Plan unless an amendment to the Final
Development Plan is approved in accordance with Section 44.14.
CC:kr
City Council
Attorney Newman Brock
,-
MEMO
TO: Winter Springs
Planning and Zoning Board
FROM: Dianne L. Kramer
Planner
RE: PUD ordinance revision
DATE: November 12, 1975
In reviewing the attached data, I would like you to consider the
following:
1. Read carefully the INTENT AND PURPOSE OF DISTRICT. Do these
statements adequately reflect your purpose in creating a PUD district?
You should be able to find reasons for approving or denying any PUD
request in these purposes.
2. Read over the DEFINITIONS, make any notations you think necessary,
b5t'~eep this section in mind as you read through the rest of the
ordinance.
Circle any other words or terms that you feel should be defined.
3. Please study the Section on SITE DEVELOPMENT STMfDARDS very
carefully. It is in this section that you should find your major
development controls.
Are your concerns adequately covered? What additional revisions,
explanations, or deletions do you feel are necessary?
4. I have not included any time clauses or reversionary allowances.
This topic is open for discussion.
Personally, I would prefer to see only a construction time limit on
the Final Development Plan.
5. This is a very rough draft and I hope you will forgive the
many typos and oversights. Please feel free to ask questions and offer
any comments and suggestions you might have.
If you as the Planning and Zoning Board do not have a good grasp of
how the PUD district functions, we can not expect proper implementation; -
so please let me know which sections are not clear, etc.
Many thanks,
4'-/~-/fi1//U-
Dianne L. Kramer
.-..-