HomeMy WebLinkAbout1976 02 26 Regular
Winter Springs Planning and Zoning Board
DATE: February 26, 1976
PUD, Ordinance Comments
from Workshop of February 19, 1976
1. Regarding the inclusion of SECTION (44.85.6):
- Councilman Daniels has indicated that he favors the inclusion of this
Section because of the detail and additional control.
- Councilmen Hendrix, Ash, Hunter, Browning, and Mayor Piland voiced
agreem~nt with the Board in eliminating this Section.
2. Regarding Section (44.85.9):
- Mayor Piland indicated that this Section should be expanded and
clarified so that it states that both the Planning and Zoning Board and
the City Council shall hold a public hearing on changes in the Preliminary
and/or Final Development Plans.
- Councilman Hendrix indicated that the P&Z Board should have the option
of holding a public hearing if they deem it necessary, but that it should
be mandatory only before the City Council.
- Councilman Browning essentially agrees with Councilman Hendrix in that
two public hearings are not necessary in all cases and should be held only
with discretion.
- Councilman Hunter indicated that the definition of substantial should
be clarified.
There was general agreement that the Section should be revised and clarified.
3. Additional Comments and suggestions were as follows:
a. Hayor Piland requested that "Planner" be eliminated from the Staff
Review because it is not a permanent position within the City. If it is
to be included, it should be broadened to cover a representative from the
County or Regional Planning Staffs.
b. Mayor Piland reque~ted that Section (44.85.8) be clarified to indicate
that a Final Development Plan does not have to cover the entire PUD; that
it may be submitted in phases.
c. Councilman Daniels indicated that the ordinance is too general and
needs more specific standards and controls.
d. Councilman Hendrix agrees with the Board that the commercial use
restrictions recommended by the Attorney should be omitted.
e. Councilman Ash and others agreed t;,at paragraph 2a of Section (44.85.10)
should not be changed for the same reasons expressed by the Board.
f. During this past week Councilman Ash also expressed concern that an
appeal provision be included.
DATE: February 26, 1976
Winter Springs Planning and Zoning Board
PUD ordinance revisions for consideration:
SECTION (44.85.9) Alterations to the Preliminary Development Plan
Any request for an alteration, revision, or modification to the Preliminary
Development Plan shall be submitted to the City Clerk for review by the
Planning and Zoning Board. After review and receipt of staff recommendations
the Board may approve or approve with modifications a change that is
consistent with:
a. the purposes and intent of the PUD District
b. the concept, land uses, densities, and phasing of the approved
Preliminary Development Plan
c. any other pertinent ordinances or regulations
~f the Planning and Zoning Board determines that the proposal is not con-
t () n +he r l"CfJu ("<;;,1-
sistent with said provisions, a public hearing shall be held by City
Council. Upon receipt of recommendations from the staff and the Planning
and Zoning Board, the City Council shall hold a public hearing on the
request and either approve, approve with modifications, or deny the
proposal stating the reasons for such action.
To protect the public interest, the Planning and Zoning Board may, for
just cause, hold a public hearing in the process of determining consistency
or in making a recommendation to the City Council.
/0
SECTION (44.85.9) Alterations to the Final Development Plan
Any request for an alteration, revision, addition, or deletion to the
Final Development Plan shall be submitted to the City Clerk for review
by the Planning and Zoning Board. The Board shall review the request
and make finding of fact as to whether the proposal constitutes a change
in the Preliminary Development Plan. If so, the request must first be
processed according to Section (44.85.9). If not, the Board shall review
the proposal and the staff recommendations to determine whether or not
the proposed change is substantially consistent with the approved Final
Development Plan. If the proposal is determined to be consistent, the
Planning and Zoning Board may approve or approve with modifications
the proposed change.
If the proposal is determined not to be substantially consistent with
the approved Final Development Plan, the Board shall forward to the City
Council a recommendation for approval, approval with modifications, or
denial of the request stating their reasons for such action. The Council
shall then review the proposal and the recommendations of the staff and
the Planning and Zoning Board and either approve, approve with modifi-
cations, or deny the request stating their reasons for such action.
SECTION (44.85.11) APPEAL
A decision by the Planning and Zoning Board may be appealed to the City
Council. The City Council shall not, however, modify or reverse a decision
of the Planning and Zoning Board without first holding a public hearing on
the appeal.
A decision of the City Council may be appealed to the appropriate Circuit
Court of the State of Florida.