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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.