HomeMy WebLinkAbout2007 01 03 Hand Out - Public Hearings #200 (2)
PLANNING & ZONING BOARD/LOCAL PLANNING
AGENCY
REGULAR MEETING
WEDNESDAY, JANUARY 3,2007
PUBLIC HEARINGS AGENDA ITEM #200
THE A TT ACHED WAS PRESENTED TO THE BOARD
MEMBERS BY MR. JOHN BAKER, AICP, SENIOR
PLANNER, COMMUNITY DEVELOPMENT
DEPARTMENT.
I _
-.
ATTACHMENT A
(27) Radio and television studios and offices'
,
(28) Recreational vehicles sales and service;
(29) Research development and service facili-
ties;
(30) Retail commercial and commercial outlets
not exceeding 50,000 sq. ft.;
(31) Showrooms;
(32) Theaters, not drive-ins.
(Ord. No. 2004-28, ~ 3, 7-12-04)
Sec. 20-346.2. Building height regulations.
No building or structure shall exceed fifty (50)
feet in height.
(Ord. No. 2004-28, ~ 3, 7-12-04)
Sec. 20-346.3. Conditional uses.
(1) Automotivelboat/manufactured home ma-
jor service and major repair establishments (in-
cluding body repairs and painting and similar
heavy type uses) provided that all activity shall
be conducted within a completely enclosed build-
ing and there is no outdoor storage of any kind;
(2) Halfway houses, group homes, and similar
uses;
(3) Light manufacturing, processing, assembly
and/or wholesale distribution, provided that all
activity shall be conducted within a completely
enclosed building (tenant space not to exceed
10,000 sq. ft.) and there is no outdoor storage of
any kind;
(4) Mortuary and funeral homes;
(5) Multiple-fami.ly residential with a maxi-
mum allowable density no greater than that al-
lowed under a High Density Residential future
land use designation and with at least two (2)
parking spaces for each unit provided;
(6) Outside storage if screened from streets
and adjacent properties by an eight-foot masonry
wall with any gates being opaque;
(7) Pawn shops;
(8) Retail commercial and commercial outlets
exceeding fifty thousand (50,000) sq. ft.;
Supp. No.6
.
ZONING
~ 20-351
(9) Seasonal or temporary outdoor display and/or
sales (such as Christmas tree lots, etc.).
(Ord. No. 2004-28, ~ 3, 7-12-04)
Sec. 20-346.4. Bulk regulations.
(1) All uses shall be maintained within an
enclosed permanent building with no outside dis-
play, sales, or storage unless stated otherwise or
permitted by conditional use.
(2) Minimum front setback: Twenty-five (25)
ft.
(3) Minimum rear setback: Fifteen (15) ft.
(4) Minimum side setback: Five (5) ft.; side
corner lot: Fifteen (15) ft.
(5) The total impervious surface area shall not
exceed seventy-five (75) percent of the total site.
(Ord. No. 2004-28, ~ 3, 7-12-04)
ARTICLE IV. PLANNED UNIT
DEVELOPMENTS
DMSION 1. GENERALLY
Secs. 20-347-20-350. Reserved.
DIVISION 2. PART A. PLANNED UNIT
DEVELOPMENT
Sec. 20-351. Definitions.
The following words, terms and phrases, when
used in this division, shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning:
Applicant. The legal or beneficial owner or
developer ofthe land proposed to be included in a
planned unit development.
Common open space. An area of land or water
or any combination thereof, within the area of a
planned unit development which is designated
and intended for the use and enjoyment of the
residents of the planned unit development in
common.
Condominium. Actual ownership of real prop-
erty that is a combination of ownership in fee
1342.55
~ 20-351
WINTER SPRINGS CODE
simple of the dwelling unit and an undivided
ownership, in common with other purchasers, of
the common elements in the structure including
the land and its appurtenances. Condominium
shall refer to any dwelling unit developed, con-
structed and sold in the manner described above.
Cooperative apartment. An apartment within a
multiunit building where the ownership and cost
of operation are shared by the occupants in pro-
portion to the value of the occupied space.
Detached single-family dwelling. A building
with no party or lot line walls, designed to be
occupied exclusively by one (1) family.
Developer. Any person, firm, association, syndi-
cate, partnership or corporation, or any combina-
tion thereof, who are actually involved in the
creation and construction of a planned unit devel-
opment.
Final development plan. The set of documents
delineated in section 20-357 which serves as the
specific development standard for the planned
unit developm'3nt area which it encompasses. The
final development plan may include all or a part
of the preliminary development plan.
Floor area ratio. The ratio of the number of the
square feet, or fractions thereof, of covered floor
area as a numerator within a particular phase
over the number of every square foot ofland area,
within the same particular phase, exclusive of
public or private streets.
Garden apartments. Multifamily dwelling units
not to exceed three (3) stories in height. Typically,
garden apartments have units one above the
other with several units sharing a common en-
trance hall or court.
Gross acreage. The total number of acres within
the perimeter boundaries of a planned unit devel-
opment.
Gross residential acre. An acre of land commit-
ted to the explicit use of residential buildings or
structures or which provides access to or contrib-
utes to the amenities of a residential develop-
ment, such as parks, open space, parking lots, etc.
Land devoted to schools, utilities and water areas
shall not be included.
Supp. Nil. 6
.
Landowner. The legal or beneficial owners of
all land proposed to be included in a planned unit
development, or one having possessory rights of
equal dignity.
Lot line wall. A wall adjoining and parallel to
the lot line used primarily by the party upon
whose lot the wall is located.
Multifamily dwelling. Buildings designed to be
occupied by three (3) or more families living
independently of one another.
Open space. The gross acreage of the planned
unit development exclusive of buildings, vehicu-
lar accessways, and parking areas.
Patio homes. Single-family dwelling units with
a private outdoor living area, the sidewalls of
which may be party or lot line walls and having a
minimum two-hour fire rating. 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.
Planned unit development. A tract ofland 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 development in this Code.
Preliminary development plan. The set of doc-
uments delineated in section 20-356 which serves
as the general development standard for the
planned unit development district it covers.
Story. That portion of a building included be-
tween 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 ceiling next above it.
Townhouses. Self-contained dwelling units lo-
cated side by side with no units located above or
below one another, designed and constructed so
that the units may be individually owned.
'lbwnhouse units are to be separated by party or
lot line walls and shall have a minimum two-hour
fire rating.
(Ord. No. 367, ~ 1, Art. XIV; Part A, ~ 44.85.2,
5-11-87)
Cross reference-Definitions and rules of constructions
generally, ~ 1-2.
1342.56
ZONING
~ 20-352
Sec. 20-352. Intent and purpose of district.
The intent and purpose of the planned unit
development zoning district are as follows:
(1) 'lb provide for planned residential commu-
nities containing a variety of dwelling
unit types and arrangements, with com-
plimentary and compatible commercial cen-
ters with supportive residential and/or
complimentary and compatible industrial
land uses; and planned industrial parks
with complimentary and compatible resi-
dential and/or commercial land uses, all
designed to promote the public health,
safety and general welfare.
(2) 'lb allow diversification of uses, structures
and open spaces compatible with adjacent
land uses.
(3) 'lb preserve the natural amenities and
environmental assets of the land by en-
couraging the preservation and improve-
ment of scenic and functional open space
areas.
(4) 'lb encourage flexible and creative con-
cepts in site planning that will allow an
Supp. No.6
1342.57
~ 20-352
WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp. No.6
1342.58
increase in the amount and usability of
open space that is possible through con-
ventional practices.
(5) To encourage an environment of stable
character.
(6) To encourage a more efficient use ofland
and smaller networks of utilities and
streets than is possible in other zoning
districts.
(7) To allow for the creation of well-balanced
communities that provide basic recre-
ational and supportive facilities.
(8) To ensure that development will occur
according to the limitations of use, design,
coverage and phasing as stipulated on the
preliminary and final development plans.
(Ord. No. 367, ~ 1, Art. XIv, Part A, ~ 44.85.1,
5-11-87)
Sec. 20-353. Permitted uses.
The following uses shall be permitted in the
planned unit development district if they are
complimentary to and compatible with each other
and the adjacent land uses, and if designated on
an approved preliminary and final development
plan:
(1) Planned residential communities: Residen-
tial dwelling units, including but not lim-
ited to detached single-family, patio homes,
garden apartments, condominiums, coop-
erative apartments, townhouses, provided
that all are compatible with each other;
complimentary and compatible support-
ive commercial and/or industrial land uses
designed to create an aesthetically pleas-
ing and harmonious environment.
(2) Planned commercial centers: Commercial
uses, including but not limited to business
services, professional services, personal
services, retail sales and services, service
stations, hotels and motels; complimen-
tary and compatible residential and/or
industrial land uses designed to create an
aesthetically pleasing and harmonious en-
vironment.
(3) Planned industrial parks: All types of
industrial uses including but not limited
ZONING
~ 20-354
to warehousing, manufacturing, and truck-
ing facilities; complimentary and compat-
ible residential and/or commercial land
uses designed to create an aesthetically
pleasing and harmonious environment.
(4) Other: Any other private, public, or
semipublic uses complimentary to and
compatible with planned residential, com-
mercial, and/or industrial development.
(Ord. No. 367, ~ 1, Art. XIv, Part A, ~ 44.85.3,
5-11-87)
Sec. 20-354. Site development standards.
(a) Site development standards shall be estab-
lished for planned unit developments, to ensure
adequate levels of light, air and density; to main-
tain and enhance locally recognized values of
community appearance and design; to promote
the safe and efficient circulation of pedestrian
and vehicular traffic; to provide for orderly phas-
ing of development, and to protect the public
health, safety and general welfare.
(b) The applicant shall pz:opose, and the plan-
ning and zoning board shall recommend to the
city commission an overall maximum residential
density and maximum residential densities and
height limitations for each dwelling unit type in
the proposed planned unit development. The com-
mission may adopt the recommendation or make
such changes or amendments it deems proper.
Types of residential construction may be inter-
mixed, as long as the adopted overall residential
density and height limitation of each type is not
exceeded. The criteria to be used by the commis-
sion and planning and zoning board in establish-
ing the residential densities and height limita-
tions shall be as follows:
(1) The compatibility with other zoning dis-
tricts in the vicinity of the subject prop-
erty and with adopted comprehensive land
plans and policies.
(2) The preservation of natural features and
environmental assets of the site.
(3) The provisions for landscaped common
open space providing leisure and recre-
ational uses for the residents.
1343
~ 20-354
WINTER SPRINGS CODE
(4) The adequacy and proximity of public
roads, utilities, services, and facilities re-
quired to serve the development.
The maximum allowed number of dwell-
ing units per gross residential acre and
maximum height by type of dwelling unit
shall be as l'3llows unless specifically
waived by the city commission after re-
ceiving recommendations from the plan-
ning and zoning board:
Type
Single-family
detached
Patio homes
Townhouses
Garden apart-
ments
Maximum
Units per
Gross Resi-
dential Acre
Maximum
Height
2 stories
4.5
7.0
10.0
16.0
2 stories
3 stories
3 stories
(c) The applicant shall propose, and the plan-
ning and zoning board shall recommend, the
maximum allowable floor area ratio for all com-
mercial and industrial uses within the PUD to the
city commission. The commission may adopt the
recommendation or make such changes or amend-
ments as it deems proper.
(d) The following site development standards
shall apply unless waived by the city commission,
specifically finding after receiving recommenda-
tions from the planning and zoning board, that
the unique characteristics of the development in
question make unnecessary the application of one
(1) or more of these provisions in order to carry
out the intent and purpose of the planned unit
development district:
(1) The natural topography, soils and vegeta-
tion 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
mature trees shall be compensated through
the installation of landscaping materials.
(2) Landscaping consisting of trees, shrubs,
vines, ground covers, and irrigation facil-
ities shall be installed in common areas of
residential developments and in special
areas of commercial and industrial devel-
opments. Special attention should be given
to parking areas, refuse storage areas,
and in building setback and separation
areas to achieve proper screening.
(3) Common open space and recreational fa-
cilities in accordance with the standards
of the National Recreation Association
shall be provided to serve the residents of
the planned unit development.
(4) All land shown on the final development
plan as common open space, parks, and
recreational facilities shall be protected
through deed restrictions which shall en-
sure the preservation of its intended use,
the payment of future taxes, and the
maintenance of areas and facilities for a
safe, healthy and attractive living envi-
ronment.
(5) 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 con-
struction of the residential structures which
they serve.
(6) The proposed location and arrangement
of structures shall 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.
(7) Building setbacks from the mean high-
water level of any lake, stream or body of
water, shall be at least fifty (50) feet.
Other minimum setbacks, lot sizes, and
lot widths shall be proposed by the appli-
cant, reviewed by the staff and the plan-
ning and zoning board, and approved or
modified by the city commission.
(8) Central water systems, sewerage sys-
tems, stormwater management systems,autility lines and easements shall be pro-
vided in accordance with the appropriate
sections of chapter 9.
1344
(9) Parking and loading requirements shall
be based on section 9-276 et seq. Residen-
tial off-street parking shall be provided at
a ratio of one and one-half (1112) spaces per
one (1) bedroom unit, and two (2) spaces
per two (2) or more bedroom units. 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.
(10) Streets shall be designed and improved in
accordance with the appropriate sections
of chapter 9. Collector and arterial streets
shall be free from backing movement of
adjoining parking areas.
(11) Local streets shall provide access within
the planned unit development in a man-
ner that will discourage through traffic
and provide for convenient accessibility to
parking areas. Local streets shall be so
located that future urban development
will not require their conversion to arte-
rial routes.
(12) Wherever practicable, vehicular and pe-
destrian passageways shall be separated.
A system of walkways between buildings,
common open space, recreation areas, and
parking areas shall be adequately lighted
where appropriate for nighttime use.
(13) As deemed appropriate, the planning and
zoning board may recommend and the
city commission may approve the imposi-
tion of additional restrictions not herein
mentioned to ensure the protection of the
public interest.
(Ord. No. 367, ~ 1, Art. XIv, Part A, ~ 44.85.4,
5-11-87)
Sec. 20-355. Procedure for approval.
The procedure for obtaining approval of a
planned unit development zoning classification
shall be as follows:
(1) Pre-application conference: The applicant
shall contact the city clerk to arrange a
meeting with the planning and zoning
ZONING
~ 20-355
board, or its designee, in order to review
the proposed pun request prior to formaJ
submittal of such requast.
(2) Submittal: The applicant shall submit to
the city clerk a change of zoning request,
the proper application fee, and three (3)
copies of the preliminary development plan.
The application form, one (1) copy of the
preliminary development plan, and all
supportive documents shall be placed in a
permanent file to be kept at city hall and
open to public inspection during normal
business hours.
(3) Staff review: The city clerk shall arrange
a staff review meeting. The staff shall
consist of the city engineer, fire chief, and
any other pertinent department heads or
consultants designated by the planning
and zoning board. It shall be the duty of
the staff to review the preliminary devel-
opment plan and submit their written
recommendation thereon. The applicant
shall be invited to attend this meeting.
(4) Planning and zoning board review: The
planning 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 au-
thorize the city clerk to schedule and
advertise a public hearing on the PUD
request before the planning and zoning
board.
(5) Planning and zoning board public hear-
ing: The planning and zoning board shall
hold a public hearing to consider the change
of zoning request. The board shall either
recommend approval, approval with mod-
ifications, or denial of the request to the
city commission, stating their reasons for
such action. The city clerk shall 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 preliminary
development plan, the staff recommenda-
tions, the planning and zoning board rec-
1345
~ 20-355
WINTER SPRINGS CODE
ommendations, and hold a public hearing
to consider the request. The commission
shall either approve, approve with modi-
fications, or deny the request, stating their
reasons for such action. If the request is
approved, the property shall be zoned
PUD with preliminary development plan
approval and shall be so designated on
the official zoning map. Provided, how-
ever, no permits may be issued at this
time.
(7) Final development plan; preliminary re-
view: When the applicant is preparing to
submit a final development plan, he shall
first contact the city clerk and arrange to
review the proposed plans with the plan-
ning and zoning board or its designee. If
three (3) or more parcels are to be created,
the property shall be platted pursuant to
chapter 9 of this Code. Review pursuant
to chapter 9 may be carried out simulta-
neously with, or subsequent to, review of
the final development plan. It is recom-
mended that the applicant file the final
development plan and the preliminary
plan concurrently.
(8) Submittal: The applicant shall submit to
the city clerk nine (9) 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 prelim-
inary development plan. The request and
one (1) copy ofthe final development plan
shall be placed in the permanent file at
city hall and shall be open to public in-
spection at all times.
(9) Staff review: The city clerk shall arrange
a staff review meeting. The staff, for the
purpose of this paragraph, shall include
the city engineer, attorney, fire chief and
any other pertinent department heads or
consultants designated by the planning
and zoning board. It shall be the duty of
the staff to review the final development
plan and submit their written recommen-
dations. The applicant shall be invited to
this meeting.
(10) Planning and zoning 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, stating their reasons for such action.
(11) City commission review: The city commis-
sion shall review the final development
plan and the recommendations of the staff
and the planning and zoning board. The
commission shall then either approve, ap-
prove with modifications, or deny the re-
quest for final development approval, stat-
ing the factual reasons for such action. In
reviewing the final development plan, the
planning and zoning board and the city
commission shall make findings of fact
upon the following:
a. Whether there is substantial compli-
ance with the intent and purpose of
the pun district and the approved
preliminary development plan.
b. Whether the phase of development
in question can exist as an indepen-
dent unit capable of creating an en-
vironment of substantial desirability
and stability.
c. Whether existing and proposed util-
ities and transportation systems are
adequate for the population pro-
posed.
(12) If three (3) or more parcels are created,
final plat approval must also be obtained
before any permits may be issued.
(13) After the city commission has approved
the final development plan, permits may
be issued for buildings and structures in
the area covered by the final development
plan, provided they are in conformity with
the approved plan and with all other
pertinent ordinances and regulations.
(14) The building official shall determine that
all common open space and recreational
improvements have been provided in ac-
cordance with the final development plan,
1346
prior to the final acceptance of the last
building or structure covered by the final
development plan.
(Ord. No. 367, ~ 1, Art. XIv, Part A, ~ 44.85.5,
5-11-87)
Sec. 20-356. Preliminary development plan.
The preliminary development plan, consisting
of properly identified exhibits and supporting
materials, shall clearly indicate the following:
(1) The name, location, legal description, acre-
age and type of planned unit develop-
ment.
(2) Identification of the present owners and
developers of all land included in the
development.
(3) Identification of all consultants involved
in the preparation of the preliminary de-
velopment plan.
(4) A vicinity map indicating the relationship
between the planned unit development
and its surrounding area, including adja-
cent streets, thoroughfares and develop-
ments.
(5) The existing land use and zoning of the
adjacent property and all contiguous prop-
erty.
(6) The existing topography and other natu-
ral features including but not limited to
lakes, swamps, and flood-prone areas.
(USDA information acceptable.)
(7) A soils map derived from the USDA Soil
Survey and Soil Survey Supplement of
the county indicating the location of exist-
ing soil types and a brief description of the
development capabilities and water capac-
ities of each soil type.
(8) A general description of existing vegeta-
tion and an indication of which natural
areas will be preserved and which will be
altered or eliminated.
ZONING
~ 20-356
(9) A proposed land use plan of the subject
property including but not limited to the
following items:
a. The location of all streets and high-
ways proposed in the development,
and the general location of all access
points to abutting arterials and high-
ways.
b. Identification of all existing major
road setba~s and proposed right-of-
way wid!!ts.
c. Each residential area according to
the location, the number and types
of permanent or transient dwelling
units, the acreage, and the proposed
density by number of dwelling units
per gross residential acre.
d. Each commercial or industrial area
according to the location, type, acre-
age, and proposed floor area ratiQ..
e. All public and semipublic uses,
schools, common open space, and
recreational areas according to loca-
tion, type and acreage.
(10) The proposed maximum height of all build-
ings and structures.
(11) The priority and phasing of the develop-
ment, in map form, ana the manner in
which each phase of the development can
exist as an independent unit capable of
creating an environment of sustained de-
sirability and stability. Recrea.tional facil-
ities and other development facilities and
amenities shall be specifically delineated
in this phasing plan.
(12) The proposed method of providing all nec-
essary road improvements, water and san-
itary sewer services, stormwater manage-
ment systems, and fire protection.
(13) All exhibits must indicate the title, graphic
scale, date of submittal, and dates of any
subsequent revisions.
(14) In order to protect the public interest, the
planning and zoning board and/or the city
commission may request any additional
information deemed necessal); for the de-
1347
~ 20-356
WINTER SPRINGS CODE
cision-making process. Submittal of this
additional information is at the option of
the applicant, although failure to submit
the requested information could result in
the denial of the application.
(Ord. No. 367, ~ 1, Art. XIV, Part A, ~ 44.85.6,
5-11-87)
Sec. 20-357. Final development plan.
The final development plan, which may include
all or a part of the preliminary development plan,
shall consist of properly identified exhibits and
supporting materials, and shall include the fol-
lowing:
(1) Identification of the present owners and
developers of all land included in the
development.
(2) Identification of all consultants involved
in the preparation of the final develop-
ment plan.
(3) A location map indicating the relationship
between the area proposed for final devel-
opment, 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.
(5) A preliminary subdivision I!!an (prelimi-
nary plat), if the applicant proposes to
create three (3) or more parcels.
(6) Aplot plan with scaled dimensions includ-
ing but not limited to the following:
a. The name, location, right-of-way
width, and width of pavement of
proposed streets, easements, pedes-
trian ways, bicycle paths, and water-
courses.
b. The name, location, width and de-
sign of existing streets, including
abutting arterials within two hun-
dred (200) feet of the subject prop-
erty.
c. The locations, dimensions and uses
of all buildings and structures, in-
cluding proposed property lines, util-
ity plants and permanent signs.
d. Open and covered off-street parking
areas, including landscaping and ex-
ternallighting systems.
e. Distance of dwelling units from ve-
hicular accessways and parking ar-
eas.
f. Walls, fencing or landscaping be-
tween private and common areas,
along streets and highways, drain-
age ways, railroads, and the perim-
eters 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,
playgrounds, school sites, utilities,
and other similar public or semipublic
uses.
i. The number and type of permanent
or transient dwelling units; the floor
area ratio of commercial and/or in-
dustrial uses; density by number of
dwelling units per gross residential
building type; minimum setbacks and
building separations; maximum lot
coverage; minimum floor elevation;
and height of structures.
(7)X A general landscaping and tree planting
plan indicating areas of vegetation to be
preserved and the proposed method of
preservation, in addition to proposed irri-
gation systems and landscaping materi-
als.
(8) Design elevations and/or renderings of all
proposed buildIDgs or structures.-
(9) 'lbtal acreage and types of open space and
recreation.
(10) Specific recreational facilities and improve-
ments.
(11) Preliminary engineering plans for roads,
water, fire protection, sanitary sewer, and
stormwater management systems includ-
1348
ing existing ground surfaces and proposed
elevations; typical cross-sections of pro-
posed grading, streets and sidewalks, ca-
nals and waterways; and proposed types
of pavement. All plans must be approved
by the city engineer.
(12) Covenants, conditions, restrictions, agree-
ments and grants which govern the use,
maintenance and continued protection of
buildings, structures, landscaping, com-
mon open space, recreational areas and
facilities within the development. Such
documents shall indicate to the satisfac-
tion of the city council an acceptable method
of ensuring that all obligations and im-
provements designated in the final devel-
opment plan can and shall be completed.
Bonds or an escrow account may be nec-
essary in order to satisfy this require-
ment.
a. The covenants, conditions, restric-
tions, agreements or grants which
govern the use, maintenance, and
continued protection of buildings,
structures, landscaping, common open
spaces, recreational areas and facil-
ities within the development, shall
specifically include a detailed out-
line of the following:
1. Uses;
2. Building height limitations;
3. Building area limitations;
4. Front, rear and side yard set-
back criteria;
5. Lot area coverage;
6. Minimum living area;
7. Any other restrictions pertain-
ing to buildings or building
placement. Examples of such
restrictions are "no garage en-
trance shall be located on the
front street side of dwellings"
or "all appurtenant buildings,
swimming pools, screen enclo-
sures, or other additions shall
be at the rear of and within the
ZONING
S 20-358
encompassed by a rearward ex-
tension of the sidelines of pri-
mary dwelling;"
8. Off-street parking requirements,
both enclosed and open, and
authorized locations for same.
A developer or owner of a planned
unit development, as a condition to
receive approval of PUD zoning or
approval of a preliminary final de-
velopment plan shall agree as a con-
dition thereof that these covenants,
conditions, restrictions, agreements
or grants shall be enforceable by the
city and that the city shall be a
proper party plaintiff to enforce the
sanie in law or equity in any court of
competent jurisdiction. In addition,
no permits shall be issued for build-
ings in a planned unit development
that does not conform with the re-
quirements above.
b. In currently approved planned unit
developments, the requirements of
subsection (12)a. above which are
contained in currently listed or sub-
sequently revised covenants, condi-
tions, restrictions, agreements or
grants shall be enforceable by the
city in law or equity in any court of
competent jurisdiction.
(13) All exhibits must indicate the title, name,
graphic scale, and date of submittal and
any subsequent revisions.
(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 de-
cision-making process. Submittal of this
additional information is at the option of
the applicant, although failure to submit
the requested information could result in
the denial of the application.
(Ord. No. 367, ~ 1, Art. XIV; Part A, ~ 44.85.7,
5-11-87)
Sec. 20-358. Alterations to the preliminary
development plan.
(a) Any request for an alteration, revision or
modification to the preliminary development plan
shall be submitted to the city clerk for review by
1349
~ 20-358
WINTER SPRINGS CODE
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:
(1) The purpose and intent of the PUD dis-
trict;
(2) The concept, land uses, densities and phas-
ing of the approved preliminary develop-
ment plan;
(3) Any other pertinent ordinances or regula-
tions.
(b) If the planning and zoning board deter-
mines that the proposal is not consistent with
such provisions, a public hearing on the request
shall be held by the city commission. Upon receipt
of recommendations from the staff and the plan-
ning and zoning board, the city commission shall
hold a public hearing on the request and either
approve, approve with modifications, or deny the
proposal stating the reasons for such action.
(c) 'lb protect the public interest, the planning
and zoning board may, for just cause, hold a
public hearing in the process of determining that
the alterations, revisions or modifications are
consistent in making a recommendation to the
city commission.
(Ord. No. 367, ~ 1, Art. XIV, Part A, ~ 44.85.8,
5-11-87)
Sec. 20-359. Alterations to the final develop-
ment plan.
(a) 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 also. If so, the
request must first be processed according to sec-
tion 20-358. If not, the board shall review the
proposal and the staff recommendations to deter-
mine 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.
(b) If the proposal is determined not to be
substantially consistent with the approved final
development plan, the board shall forward to the
city commission a recommendation for approval,
approval with modifications, or denial of the re-
quest, stating their reasons for such action. The
commission shall then review the proposal and
the recommendations of the staff and the plan-
ning and zoning board and either approve, ap-
prove with modifications, or deny the request
stating their reasons for such action.
(Ord. No. 367, ~ 1, Art. XIV; Part A, ~ 44.85.9,
5-11-87)
Sec. 20-360. Control of development follow-
ing approval after construction
completed.
(a) An approved planned unit development shall
be considered to be a separate zoning district in
which the final development plan, as approved,
established the restrictions, regulations, and dis-
trict description according to which development
shall occur. Upon approval of the final develop-
ment plan, the use of the land and the construc-
tion, modification or alteration of any buildings or
structures within the planned unit development
shall be in accordance with the approved final
development plan, rather than with other provi-
sions of this chapter.
(b) After completion of construction of the area
covered by a final development plan, no changes
may be made except under the procedures pro-
vided below:
(1) If any minor extensions, alterations or
modifications of existing buildings, struc-
tures or utilities are consistent with the
purposes and intent of the final develop-
ment plan, they may be authorized by the
building code.
(2) Any uses not authorized by the final de-
velopment plan may be added to, modified
or deleted from the final development
plan in accordance with the provisions of
section 20-359.
(3) A building or structure that is totally or
substantially destroyed may be recon-
structed only in compliance with the final
1350
development plan unless an amendment
to the plan is approved in accordance with
the provisions of this article.
(Ord. No. 367, ~ 1, Art. XIV; Part A, ~ 44.85.10,
5-11-87)
Sec. 20-361. Time restrictions on approval.
(a) After the applicant has submitted a final
development plan for all or a part of the planned
unit development within twelve (12) months of
the date of the city commission approval of any
final development plan, the applicant, owner or
developer shall commence substantial develop-
ment according to the final development plan. For
the purpose of this section, "substantial develop-
ment" shall be defined as follows:
(1) Where ten (10) acres or less is included
within the final development plan, one
hundred (100) percent of all roads, utili-
ties and drainage facilities plus more than
forty (40) percent of all buildings must be
completed.
(2) Where the final development includes more
than ten (10) acres but less than twenty-
five (25) acres, eighty (80) percent of all
roads, utilities and drainage facilities, plus
thirty (30) percent of all buildings must be
completed.
(3) Where the final development plan in-
cludes more than twenty-five (25) acres,
but less than fifty (50) acres, sixty (60)
percent of all roads, utilities and drainage
facilities plus at least twenty (20) percent
of all buildings must be completed.
(4) Where the final development plan in-
cludes more than fifty (50) acres, forty
(40) percent of all roads, utilities and
drainage facilities plus at least ten (10)
percent of all buildings must be com-
pleted.
(5) The final development plan approval shall
be declared null and void if substantial
development, as specified above, has not
begun within twelve (12) months from the
date of city commission approval of the
final development plan. A time extension
of up to twelve (12) months may be granted,
ZONING
9 20-362
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. If after
an extension of twelve (12) months here-
under, substantial development has not
been started, both the final and prelimi-
nary development plan shall be automat-
ically declared null and void. Provided,
however, this shall not effect the zoning
classification of plats recorded hereunder.
A final development plan which has been
declared null and void by the city commis-
sion shall not fulfill the submittal require-
ments delineated in item (1) of this sec-
tion.
(6) Any zoning classification which has been
rezoned pursuant to a preliminary or fi-
nal development plan under this division,
which plan subsequently is declared null
and void shall not be effected because the
underlying plan is declared null and void.
The zoning classification of property re-
zoned pursuant to a final and/or prelimi-
nary development plan shall retain the
PUD zoning classification despite the fact
that the original preliminary and/or final
development plan may be declared null
and void.
(b) These time restrictions have been estab-
lished to promote the orderly and progressive
development of PUD districts and to protect the
public interest. In accordance with this purpose
and intent, the planning and zoning board may
recommend, and the city commission may ap-
prove variances from the definition of substantial
development provided that such variance and
reasons for such requested action are presented,
approved and recorded at a public hearing before
the city commission.
(Ord. No. 367, ~ 1, Art. XIV; Part A, ~ 44.85.11,
5-11-87)
Sec. 20-362. Appeal.
(a) A decision by the planning and zoning
board may be appealed to the city commission.
The city commission shall not, however, modify or
1351
~ 20-362
WINTER SPRINGS CODE
reverse a decision of the planning and zoning
board without first holding a public hearing on
the appeal.
(b) A decision of the city commission may be
appealed to the appropriate circuit court of the
state.
(Ord. No. 367, ~ 1, Art. XIV; Part A, ~ 44.85.12,
5-11-87)
Sees. 20-363-20-375. Reserved.
DMSION 3. PART B. PLANNED UNIT
DEVELOPMENT
See. 20-376. Definitions.
The following words, terms and phrases, when
used in this division, shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning:
Apartments. Multifamily dwelling units not to
exceed three (3) stories in height and in which the
occupants are not normally the owners. Apart-
ments, mayor may not, have units one above the
other with several units sharing the same en-
trance hall or court.
Applicant. The legal or beneficial owner or
developer of the land proposed to be included in a
PUD or subdivision thereof.
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.
Condominium. Actual ownership of real prop-
erty that is a combination of ownership in fee
simple of the dwelling unit and an undivided
ownership, in common with other purchasers, of
the common elements in the structure including
the land and its appurtenances. Condominium
shall refer to any dwelling unit developed, con-
structed and sold in the manner described above.
Detached single-family dwelling. A building
with no party or lot line walls, designed to be
occupied exclusively by one (1) family.
Developer. Any person, firm, association, syndi-
cate, partnership or corporation, or any combina-
tion thereof, who is actually involved in the cre-
ation and construction of a PUD, or subdivision
thereof.
Final subdivision plan. The set of documents
delineated in section 20-357 which serves as the
specific development standard for the PUD area
which it encompasses. The final subdivision plan
may include all, or part of, the master plan.
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 particular phase, exclusive of
public or private streets.
Gross acreage. The total number of acres within
the perimeter boundaries of a PUD, or subdivi-
sion thereof.
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.
Landowner. The legal or beneficial owner of all
land proposed to be included in a PUD, or one
having possessory rights of equal dignity.
Lot line wall. A wall adjoining and parallel to
the lot line used primarily by the party upon
whose lot the wall is located.
Master plan. The set of documents delineated
in this article which serves as a general develop-
ment standard for the PUD district, or subdivi-
sion, it covers.
Multifamily dwelling. Buildings designed to be
occupied by two (2) or more families living inde-
pendently of one another.
Net residential acreage. The total number of
acres of land explicitly available for the construc-
tion of residential buildings and structures. Land
which is not suitable for the construction ofresi-
dential buildings or structures, or which is de-
voted to schools, water areas, commercial land
uses, utilities, common open space shall not be
1352