HomeMy WebLinkAbout1976 01 22 Regular
DRAFT
PUD APPROVAL PROCESS AND
ADMINISTRATIVE PROCEDURES
No_. 2
NZI
(i!l/tf) 11 f
. I ~ ,J L
I I';:
1. Pre-application conference
The applicant shall contact the City Clerk to arrange a meeting wi~h
the Planning and Zoning Board, or its designee, in order to review the
proposed PUD request prior to the formal submittal of said request.
(The City Clerk shall contact the Chairman of the Planning and
Zoning Board to establish a date for the conference. At the pre-application
conference the P&Z Board shall determine which department heads or
consultants should review the plan when it is submitted.)
2. Submittal
The applicant shall submit to the City Clerk a change. of zoning re-
quest and 3 copies of the Preliminary Development Plan.
(The City Clerk shall review the submittal package and determine
that all required items are present before accepting the application.
Upon acceptance, the Clerk shall establish a PUD file to keep all the
information pertaining to said application.)
-------- If any revisions are made to the Preliminary Development
Plan at any time, the applicant must re-submit 3 copies
of all documents affected by the revisions. ------------
3. Staff Rev~w
The City Clerk shall arrange".a: staff review meeting of the City
Engineer, Attorney, Planner, Fire Chief, Police Chief, and any other
pertinent department heads or consultants designated by the Planning
and Zoning Board to review the Preliminary Development Plan and submit
their written recommendations. The applicant shall also be invited to
attend this meeting.
(Prior to the meeting, the City Clerk shall distribute the two
extra copies of the Preliminary Development Plan and any supporting
documents among the members of the staff. After the staff meeting, the
City Clerk shall contact the Planning and Zoning Board Chairman and
place the pun request on the agenda for the Board's review. Prior to
the Board review, the City Clerk shall collect written recommendations
from each staff member, file them, and distribute copies of them to the
P&Z Board members. The Clerk shall also collect the two extra copies of
the Preliminary Development Plan and have them available for review
during normal business hours.)
,~-
4. Planning and Zoning Board Review
. The P~anning and Zoning Board shall review the Preliminary
Development 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 a public hearing on the PUD request before the Planning
and Zoning Board.
(The City Clerk shall schedule and advertise a public hearing
under the direction of the Planning and Zoning Board. The advertisement
shall indicate that copies of the Preliminary Development Plan are
available for public review.
II any revisions are made to the Preliminary Development Plan at this
time or any other time that involv~ changes other than those recommended
by the 'staff or the P&Z Board, the ~ity Clerk shall arrange another
staff review meeting to review the revisions and re-submit written
recommendations. The City Clerk shall collect the recommendations prior
to the P&Z.public hearing, place them in the file, and distribute them
to the P&Z Board members.)
5. Planning and Zoning Board~ublic Hearing
The Planning and Zon:rng Board shall hold a public hearing to c9nsi-
der the change of zoning request. The Board shall either recommend
approval, approval with modifications, or denial of the request to the
City Council. The City Clerk shall then schedule and advertise a
public hearing on the request before the City Council.
(The minutes from this hearing shall indicate the proposed land
uses, acreages, densities, and other pertinent statistics and regulations
indicated on the submitted and approved Preliminary Development Plan.
The City Clerk shall also attach the staff recommendations to the
minutes, place a copy of the package in the PUD file, and distribute
copies to the members of the City Council.)
-------- After the Planning and Zoning Board closes its public hearing,
the PUD request is turned over to the City Council. Any changes
to the Preliminary Development Plan after that hearing shall
shall be evaluated by the staff and City Council only. Any
revision made to the Preliminary Development Plan between
the time of the P&Z Board public hearing and the City Council
public hearing must be presented and explained at the City
Council public hearing and included in the minutes
thereof. ----___________
6. City Council Publi~ He~rin~
The City Council shall review the Preliminary Development Plan,
the staff recommendations, the P&Z Board recommendations, and hold a public
hearing to consider the request. The Council shall either approve, approve
with modifications, or deny the request.
(The minutes from this hearing shall also include the proposed
land uses, acreages, densities, and other pertinent information indi-
cated on the approved Preliminary Development Plan, as well as, the
recommendations of the staff and the Planning and Zoning Board.
If the request is approved, the property is then zoned PUD and has
Preliminary Development Plan approval which should be so designated on the
Official Zoning Map. ----- No permits may be issued at this point. }.
7. Final Development Plan
Ereliminary Review
When the applicant is preparing to submit a Final Development Plan,
he shall first contact the City Clerk ana 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
under the Subdivision Regul~tions. Review under the Subdivision Regu-
lations may be carried out simultaneously with or subsequent to review
of the Final Development Plan. It is recommended that the applicant
file th~ Final Development Plan and the "Preliminary Plat concurrently.
(The City Clerk shall contact the Chairman of the Planning and
Zoning Board to establish a date for the review. The P&Z Board shall
determine at this review which department heads or consultants should
review the plans when they are submitted).
8. Submittal
The applicant shall submit to the City Clerk 3 copies of the
Final Development Plan with a written request for Final Development Plan
approval. The Final Development Plan may include all or a part of the
area included in the Preliminary Development Plan.
(The City Clerk shall review the submittal package and determine
that all' required items are present before accepting the application.
Upon acceptance, the Clerk shall place the application and a copy of
the Final Development Plan in the original PUD file.)
------- If any revisions are made to the Final Development Plan
at any time, the applicant must re-submit 3 copies of
all documents affected by the revisions. -------------------
9. Staff Review
. The City Clerk shall arrange a staff review meeting of the City
Engineer, Attorney, Planner, Fire Chief, Police Chief, and any other
pertinent department heads or consultants designated by the Planning and
Zoning Board to review the Final Development Plan and submit their
written recommendations. The applicant shall be invited to this meeting.
(Prior to the meeting, the City Clerk shall distribute the two
extra copies of the Final Development Plan and any supporting documents
among the members of the staff. After the staff meeting, the City Clerk
shall contact the Chairman of the Planning and Zoning Board and place
the Final Development Plan Approval request on the agenda for the Board's
review. Prior to the Board's review, the City Clerk shall collect
written recommendations from each staff member, file them, and distri-
bute copies of them to the P&Z Board members. The Clerk shall also collect
the two extra copies of the Final Development Plan and have them
available for review during normal business hours).
10. Planning and Zonin~ Board Review
The Planning and Zoning Board shall review the Final Development
Plan and the staff recommendations. The Board shall then either recommend
approval, approval with modifications, or denial of the Plan to the
City Council.
(Upon receiving the decision of the Planning and Zoning Board,
the City Clerk shall place the Final Development Plan Approval request
on the agenda for review by the City Council.
"
I~ any revisions are made to the Final' Development Plan at ~R{S..
time or any other time 'that involve changes otheX' than those recommended
by the staff or the P&Z Board, the City Clerk shall arrange another~aff
meeting to review the revisions and re-submit writ'ten recommendations.
The City Clerk shall collect the recommendations prior to the City C6Un~il
review, place them in the file, and distribute them to the.members Qf
the City Council).
..
.~~:
11. -<~lly~go\ln,sil Review
The City Council shall review the Final Development Plan and the
recommendations of the staff and the P&Z Board. The Council shall then
either approve, approve with modifications, or deny the request for
Final Development Plan Approval.
------------ In reviewing the Final Development Plan, the P&Z
Board and the City Council shall find the following:
1. That there is substantial compliance with
the intent and purpose of the PUD district and
the approved Preliminary Development Plan.
2. That the phase of development in question
can exist as an independent unit capable of
creating an environment of substantial
desirability and stability.
3. That existing and proposed utilities
and transportation systems are adequate
for the population proposed.
12. If three or more parcels are created, the development must also
obtain final Plat approval before any permits are issued.
13. After the City Council has approved the Final Development Plan,
permits may be issued for buildings and structures in the area covered
by the Final Development Plan provided that they are in conformity
with the approved Plan and with all other pertinent ordinances and
regulations.
l~. The Building Official shall determine that all 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.
...,.,,-
BROCK, MASSEY & WALDEN
ATTORNEYS AND COUNSELORS AT LAW
SUITE 102, SBMORAN BUILDING
616 EAST SaHoRAN BOULEVARD
ALTAMONTE SPRINGS, FLORIDA 32701
NEWMAN D. BROCK
GARY E. MASSEY
FRANKLIN T. WALDEN
TELEPHONE
(3015) 834-8W
MEMORfu~Dm1
FEBRUARY la, 1976
FROM:
Gary E. Massey, City Attorney, City of Winter Springs, Fla.
TO:
Diane Kramer, City Planner and Planning and Zoning Board,
City of Winter Springs, Florida
RE:
Recommendations on reviewing revised draft of pun Ordinance
Let me begin my comments on the revised PUD draft by stating that I
think the Planning and Zoning Baord as well as the City Planner has
done a tremendous job in redrafting the Ordinance and I believe the
Ordinance as redrafted will better serve the citizens of the City of
Winter Springs, Florida.
- My first comment as far as the revised draft is concerned is that I
still feel that old Section 44.85.3(3E) should be retained in some
form. My reason....Jor including this in the revised PUD Ordinance is
that a developer ie~sting PUD zoning who has a combination of
residential and commer2ta~ establishments within the PUD zone could
develop the commercial area'wLt::hout ever developing the residential
area which it is designed to serve". Asking for the PUD zoning could,
in effect, be a subterfuge to getting--Gommercial zoning in this manner
where the developer would not otherwise-be-able to establish a commer-
cial zone. I therefore feel that some control. feature should be
placed in the ordinance which would establish tn-at the commercial uses
must be built along with the residential buildings .-:J:'he old Section E
of 44.85.3 (3e) could be revised to read as follows: "All commercial
uses or buildings devoted primarily to a corrrrnercial use shsJl be built
or established at no greater than an equivalent rate fuan the~nstruction
of the residential structures which they serve." ....
In this same regard in the area of control of a pun development, I
question the leaving out of Section 44.85.4 (J) of the first pun
revision which read as follov!s: "If a plan unit development is to
include a mixture of residential, corrrrnercial and/or industrial land
uses, the parcel must contain a minimum of 100 acres."
..~
This I believe is a good control feature, although I am not sure that
100 acres is a realistic figure. I would state though that anything
under 50 acres should probably not receive PUD zoning where the plan
comines residential with conrrnercial or industrial. If the Planning
and Zoning Board would think about fuis, 50 acres is not a very large
MEMORANDUM
PAGE TWO
parcel of land and to try to combine residential with either one of
the other two uses, in my opinion, would be a disaster. I feel that
(J) of the old Section 44.85.4 should be retained in some form for
the minimum acreage put in and if there is some question about the
100 acres, then it should not be lowered, in my opinion, below 75 with
a designated percentage such as only 1/3 being devoted to commercial.
In Section 44.85.5(8) I would still recommend that when the three copies
are submitted to the City Clerk, that the three copies of the Preliminary
Development Plan shall be placed in a permanent file and kept in the
City Hall, open to public inspection at all times. As I stated before,
I believe this should be added to Paragraph 8 since I had been in-
formed that in the past, Plans for some of the developments in and
around Winter Springs have totally disappeared from the City Hall. The
reason being that, there was no permanent file located within the City
Hall where these plans were to be kept and that the plans could not be
removed from the City Hall.
As I have been informed by Diane Kramer, you are considering two
proposals, one of which would eliminate Section 55.85.6 and one to
include the same within the PUD ordinance. It is most important
that Section 44.85.6 be retained. As I indicated before, you could
have a developer ask for a PUD zoning and never carrying through with
PUD development and in order for the orderly growth of the City, you
would have to have either another developer who wants to use PUD
zoning or you could have someone who wants to use the land but must
go in and ask for another change in zoning. I therefore, feel that
if the PUD developer does not carry through with his development plan
that the area in question under PUD zoning be rezoned to a zoning
classification which would be most compatible with the surrounding
neighborhood. After all, the only reason an area is zoned PUD at the
beginning is because the Preliminary Development Plan and Final
Development Plan which has been submitted to the Planning and Zoning
Board and the City Council has been approved by both parties as being
compatible with the area in question and the surrounding neighborhood.
I am afraid that where a PUD development is not developed that the PUD
zoning could unreasonably tie the land up. If, Section 44.85.6 is
retained, and I feel that it should be, then I believe there should be
some standard place in Section 3 thereof as to what the substantial
development means. As an example, I believe that substantial develop-
ment could be deemed to be the building of roads or the laying of
foundations or some other criteria which would give the City Council
a definate mark as to when substantial development has been obtained.
This, of course, would alleviate a situation which I understand, occured
on another PUD development in Winter Springs where there was a question
MEMOR.A,.J\WUM
PAGE THREE
between the City Council and the developer as to when substantial
development has begun. Any standard placed therein would be approp-
riate as long as the Planning and Zoning Board and the City Council
agree on the same. I believe such a standard would eliminate the
possibility of a suit between the City and the developer in the future
with the result that there would be a savings in the area of legal
expenses.
In Section 44.85.8, subparagraph 12, I believe was placed in as a
control feature to help alleviate my concern about the promises of
PUD developers as to the building of residential units and the common
open space and recreational areas to serve those residential units.
I am not sure this would be the best method, but if this feature
remains in the Ordinance, I of course, will do my best to insure that
the City as well as its inhabitants are protected in this manner.
My last comment is in regards to Section 44.85.10, subparagraph 2(a),
I still believe from a legal standpoint, that any minor extentions,
alterations or modifications of existing building structures or utilities
must be authorized by the Planning and Zoning Board instead of the
building official. After all, the reason the planned unit development
is granted is upon the over-all plans of the development itself. The
delegation of authority to the Building Official to grant approval of
minor extensions, alterations or modifications would be granting to the
Building Official, the authority to grant variances or special exceptions
within a zoning classification and I do not believe that this can be
legally done. I can appreciate, possibly your concern over the Planning
and Zoning Board gettine involved in the approval of these minor matters
and that time will be taken up thereon. However, pun zoning is a
special zoning classification and to allow the Building Official to
grant these minor exceptions would be delegating authority to that
official which is legally not permissible.
Let me again state, over-all, I think the revised draft of the pun
Ordinance is an exceptional job by the Planning and Zoning Board and
accomplishes the purposes of a pun development more so than the old
pun sections. You are to be congratulated upon your efforts in this
respect and if I can be of any further assistance in this matter, please
do not hesitate to contact my office.
( ;J(~
DRAFT
2-7-76
City of Winter Springs
Planning and Zoning Board
Procedures
Applicant Handout
CITY OF WINTER SPRINGS
REZONING PROCEDURES
General Information:
- The City application forms may be obtained from the City Clerk.
- The fee schedule is att3ched to this memo.
- The Planning and Zoning Board holds its regular meetings at City Hall
generally on the second and fourth Thursday at 7:30 PM.
- The City Council holds its regular meetings at City Hall every Monday
at 7:30 PM.
-
1. Su bmi t tal
1. The applicant shall submit the following items to the City Clerk:
a. a completed application form
b. the appropriate application fee
c. a copy of a Seminole County Tax Map (Scale 1"-400') with the subject
property clearly indicated.
In addition, many of the various zoning classifications require that
additional information be submitted with the application. It is the responsi-
bility of the applicant to be familiar with these requirements.
To propect the public interest the Planning and Zoning Board or City Council
may request additional information on any application to aid in the
decision making process or to clarify and/or supplement City files and
records.
2. Applications which are not accompanied by the proper application fee
and/or do not bear the signature of the landowner or authorized agent will
not be accepted.
II. Planning and Zoning Board Review
The Planning and Zoning Board shall review all applications before
setting a date for the public hearing.
III. Public HearinF,s
Applications for rezoning require a public hearing before the Planning
and Zoning Board and before the City Council, in accordance with the
procedures outlined in Section 44.16.1 of the Zoning Ordinance.
It is the responsibility of the applicant to post a notice of each public
hearing in a conspicuous place on the property to be rezoned at least
15 days prior to the date of each public hearing. The notices may be.
obtained from the City Clerk and must be placed not more than 15 ft. from
the street or road.
After holding a public hearing, the Planning and Zoning Board shall submit
a written reco~endation for the City Council to the City Clerk.
Upon receipt of the recommendations of the Planning and Zoning Board, the
City Clerk shall set a date for and initiate the notification and advertising
process for the public hearing before the City Council. Following public
hearing the decision of the City Council shall be final, subject to appeal
to the Circuit Court of the State of Florida.
(2)
A qualified represent&tive must appear at any public hearing in order to
present his-rezoning request. If the representative is other than the
applicant, he should be familiar with the request and be able to make
statements and commitments with the authority of the applicant.
Failure to comply with any of the above procedures may result in the delay
and/or readvertisement of the public hearing, at the cost of the applicant.
*************
CITY OF WINTER SPRINGS
PLANNING ~~D ZONING BOARD
REVIffi~ PROCEDURES
General Information:
- The City application forms may be obtained from the City Clerk.
- The fee schedule is attached to this memo.
- The Planning and Zoning Board holds its regular meetings at the City
Hall generally on the second and fourth Thursdays at 7:30 PM.
- The City Council holds its regular meetings at City Hall every Monday
at 7:30 PH.
1. Submittal
1. The applicant shall submit the following items to the City Clerk:
a. a completed application form
b. the apprppriate application fee
_ c. a copy of a Seminole County Tax Map (Scale 1"-400') with the subject
-- property clearly indicated. (This requirement may be waived if deemed
inappropriate by the Board).
d. any additional exhibits required by the Zoning or Subdivision Ordinance.
Applications to be reviewed by the Board must be received by the meeting
prior to the meeting at which it will be considered. In other words, any
application to be reviewed on the second Thursday of the month must be
received by the fourth Thursday of the preceding month, and any application
to be reviewed on the fourth Thursday of the month must be received by
the second Thursday of the same month.
Upon receipt of an application the Planning and Zoning Board shall review
the submitted information and inform the applicant if additional exhibits
are desired.
II. Review and recommendation
After the application has been duly accepted, the Planning and Zoning
Board shall review the request and submit a written recommendation to the
Ci ty Co~mcil.
DRA.FT
2-4-76
Planning and Zoning Board
Procedures
(Qrdinanc;)additions and revisions:
Chapter 2 Administration
Article I. In General
Section 2-1 Fee Schedule
a) All applications submitted to the City of vlin ter Springs, Florida,
shall be accompanied by a fee based upon the following schedule:
1. Annexation
No. Acres
0-10 acres
more than 10 acres-50 acres
more than 50 acres-lOO acres
more than 100 acres
2. Change of zoning
Conventional request
PUD request
3. Conditional Use
4. Variance
5. PreliminoTY Plat
6. Final Plat
Fee
$100.00
200.00
300.00
500.00
$35.00
$100.00 plus $1.00 an acre or ~1.00
per dwelling unit, whichever is
greater
$25.00
$25.00
$50.00
$100.00
b) These fees shall be used to pay the costs of processing the application
and any additional costs related thereto.
Appendix A
Zoning
Article I.
Section 44.16.1 Public Hearing required for rezoning; Procedure
a) All applications for rezoning within the municipal limits of the City
of Winter Springs, Florida, shall require a public hearing before both
the Planning and Zoning Board and the City Council.
b) Upon receipt of the application the Planning and Zoning Board shall
review said request, set a date for a public hearing, and notify the City
Clerk to initiate the notification and advertising process.
c) The City Clerk shall cause notice of the time, date, and purpose
of the public hearing to be published in a newspaper of general circiulation
within the City of Winter Springs at least 15 days prior to the date of
each public hearing.
d) The City Clerk shall notice by direct mail all land OHners of
property located within 500 ft. of the perimeter boundaries of the subject
property at le~st 15 days prior to the date of e~ch public hearing.
e) At least 15 days prior to the date of each public hearing, the
applicant shall place a notice of the public hearing in a conspicuous
place on the. property to be considered for rezoning. Said notice shall be
supplied by the City Clerk and must be posted not more than 15 ft. from the
street or road.
The Clerk shall also post notices in two(2) other conspicuous places
throughout the City, one of which shall be City Hall.
f) After the public hearing on the said application, the Planning and
Zoning Board shall forward its decision to the City Council within thirty
(30) days of the said public hearing.
g) The City Council of the City of Winter Springs, Florida, is authorized
to proceed without the recommendation of the Planning and Zoning Board if
the said recommendations are not forwarded to the City Council within the
thirty (30) day requirement set forth in subsection (f).
******************
Section 44.16 Actions to alter, etc.
All actions to alter, chrolge, establish, repeal or enact any ordinance or
variance or change of zoning classification thereunder shall be initiated
by written application. Said application form shall be established and
approved by the City Council upon recommendation of the Planning and Zoning
Board and shall be submitted to the City Clerk accompanied by the
appropriate fee as est3blished in Section 2-1, Article I, Chapter 2 of
the Code of Ordinances and any additional materials required by this
ordinance or the decision making body. The application shall be received by
the City Clerk at least 7 days prior to the date of the meeting at which
it is to be presented.
Applications which are not accompanied by the proper application fee and/or
do not bear the signature of the lando\mer or authorized agent will not be
accepted.
DRAFT 1-29-76
APPLICATION
CITY OF WINTER SPRINGS
Application for:
D Annexation
L:7 Conditional Use
D Variance
#d!;;uo;ye};;:;I;pZ~j/1t;:1?
D Change of zoning
D Preliminary Plat approval
D Final Plat approval
Please print in ink or type
*
Anplicant
Middle initial
First name
Last name
(If the
applicant is
not the ovmer Mailing address
of the subject
property, the
application
must include
a letter of authorization signed by the o\vner.)
Telephone
Legal description of the subject property:
To;kiU No. acres
Total No. usable acres
General location of subject property (including name and type of road
which tract abuts)
Present zoning classification
Present land use
Abutting zoning classifications and land uses
Nature of request: _
Additonal information (including purpose and intent of request)
Requests which require a public hearing must also include the following
information:
Names and addresses of all surrounding property owners lying within 500
ft. of the perimeter boundaries of the subject property. The applicant
shall also attach 2 legal size, stamped, addressed envelopes for each
property owner liste~ below.
1.
3.
~.
2.
Date
Signa ture of
Applicant/owner
*************************
For office use only
Fee
File Code No.
Amount
Receipt No.
Review
L:7 Planning and Zoning Board
L:7 Board of Adjustment
~ City Council
Date
Action
Public Hearing
~ Planning and Zoning Board
~ Board of Adjustment
L:7 City Council
-Ordinance References
Information verified by:
Date