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HomeMy WebLinkAboutOtherDRAFT EAST RURAL AREA DEVELOPMENT STANDARDS A. PURPOSE The development standards for the East Rural Area of the City of Winter Springs are established to accomplish the following: A. To meet the intent of City of Winter Springs Resolution 2005-09 to promote the sound development of the East Rural Area and annexation into the City of Winter Springs; B. To provide flexibility and creativity in the use and development of land and in the placement and type of dwelling units in residential development patterns and subdivisions; C. To accommodate moderate levels of population growth through a compact form of residential development consistent with the retention of the East Rural Area's natural character and the provision of water and sewer service; D. To retain significant open space as a watershed protection measure and to ,,. preserve in perpetuity unique and sensitive natural resources including wetlands, floodplains, woodlands and other valuable habitats; E. To provide opportunities to restore previously disturbed lands as native landscapes, habitats, vegetation patterns and riparian systems; F. To provide opportunities for the retention of compatible agricultural activities; G. To conserve scenic rural character, and enhance property values by maximizing the number of houses with direct access to and views of open space; H. To promote an interconnected network of open space, habitats, greenways and trails throughout the East Rural Area; I. To encourage efficient well planned development and avoid fragmentation through a sliding scale of density based on property size. J. To encourage intergovernmental consistency and coordination among local governments including Oviedo and Seminole County in the sustainable development of the East Rural Area and K. To meet the goals and objectives of the Comprehensive Plan. 1 B. DEFINITIONS Agricultural Land: Land whose use is devoted to the production of livestock, groves, nursery plants, forestry, and equestrian activities. Conservation Easement: A nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open-space values of real property, assuring its availability for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property. Common Open Space: Undeveloped land within a conservation subdivision that has been set aside for use as agriculture, forestry, natural habitat, greenway corridors, stormwater treatment or compatible recreational purposes, and that is undivided and permanently protected from future development. Development and incompatible use of the Common Open Space is restricted in perpetuity through the use of Conservation Easement or other approved legal instrument. Conservation Easement: A permanent legal restriction stipulating that common open space shall be permanently protected from development. "'~..- Conservation Subdivision: A residential development characterized by compact clustered lots interspersed with significant common open space which is left in its natural state to the greatest extent possible. Developable Area: Land in a proposed subdivision that is not retained as open space and may be subject to subdivision and development. Development: An activity other than agricultural, forestry, or mining practices which materially alters or affects the existing conditions or use of land. Gross Density: A density standard establishing the maximum number of lots and/or dwelling units allowed to be built in a subdivision based on the total size of the tract. Homeowners Association: A formally constituted non-profit association or corporation made up of the property owners and/or residents of a subdivision. for the purpose of owning, operating and maintaining common open space and facilities. Nonprofit Conservation Organization: A charitable corporation, association or trust (land trust) the purposes or powers of which include maintaining and protecting common open space. 2 C. ZONING DISTRICT DESIGNATIONS To provide for flexibility and adaptability of development patterns to particular site or ownership conditions development within the East Rural Area may occur in one of eight zoning districts in two Tiers representing existing Seminole County large lot development and Conservation Development. Tier I -Existing County Zoning / Large Lot Subdivision Property owners in the East Rural Area _ Ma;„Rom have the option to retain existing zoning ~ ~ ^ ~ designations as established by Seminole __ _ --i--- .~ County, to permit development of large ^ i ~ lot rural subdivisions and retention of the ~ ~r~ -; ~~ ~ existing small lot Lakefront Hamlet. ~ ~' ~ Permitted densities in Tier One are ~'~ • • •~ determined by the applicable minimum ~ • ~ ~ ~-~ ' lot sizes. ~ ~~ L-~--- ~ ~----~ Large Lot Rural Subdivision Tier II -Conservation Development tiu6Au~ision 7.pil Development in Tier II will consist of M.,inRanA ~o.,~NO• residential subdivisions in the three ,:~.':` ~;. ;~:,.~`: `~; ,-; _ , :`°''~, i designations below, which applicants may ~' ~~ _ ,^,-~-~.~<~•;. , choose to apply for based on acreage. The " ~` o - ':. total number of permitted dwellings is I ~~:.:~. •~, ~~ w ~ -~::: i ~- ~~.. ~. determined by the designated gross density ~~. 1,;;, .:;. applied to the acreage. Minimum lot sizes are '' ~ ' ' ~: not directly regulated, but are determined by `~>~~•~- ~ ~ ~ `' ~~~~ area of a tract minus the amount of open ~ ., space required to be retained divided by the L_-:-____ ~ _ . gross density. Conservation Development CD-1 -Single family detached subdivisions with a permitted gross density of 1 lot /dwelling unit per acre and a minimum of 50% of the site area retained as common open space, applicable on tracts of twenty acres or greater. CD-2 -Single family detached subdivisions with a permitted gross density of 2 lots /dwelling units per acre and a minimum of 60% of the site area retained as common open space, applicable on tracts of thirty acres or greater. CD-3 -Subdivisions comprising single family detached or attached dwellings (townhouses, patio homes, etc.) with a permitted gross density of 3 lots /dwelling units per acre and a minimum of 70% of the site area retained as common open space, applicable on tracts of forty acres or greater. 3 D. DENSITY AND OPEN SPACE REQUIREMENTS Permitted residential densities and required common open space shall be as follows. TIER ONE -EXISTING COUNTY ZONING /LARGE LOT DEVELOPMENT A-10 1 DU / 10 10 NA 10 Acres A-5 1 DU / 5 5 NA 5 Acres A-3 1 DU / 3 3 NA 3 Acres Lakefront Hamlet 5 DU / NA NA 0.2 8712 Acre TIER TWO -CONSERVATION DEVELOPMENT CD - 1 1 DU / 20 50% 0.425 18,513 Acre CD - 2 2 DU / 30 60% 0.255 7405 Acre CD - 3 3 DU / 40 70% 0.085 3703 Acre * Determined by subtracting from the total tract size the required common open space and the area devoted to roads and utilities and dividing this residual developable area by the permitted number of lots (gross density times total tract size). E. COMMON OPEN SPACE 1) Configuration of Common Open Space Common open space shall be configured in a manner consistent with the following considerations: 4 • Common open space shall be configured and located to provide a scenic ~` amenity to the residents of conservation developments. • To the extent practicable, common open space shall be configured to create a contiguous open space network, adjoining common open space on adjacent conservation developments, as well as designated greenways and trails. • As determined by specific site conditions, common open space shall be of a size and shape to enable conservation, restoration and functioning of natural landscapes and habitats and/or as working landscapes for agricultural use. • Above-ground utility rights-of-way and small areas of impervious surface may be included within the Common Open Space but cannot be counted towards the minimum open space requirement. • At least 75 percent of the common open space shall be contiguous. • The Common Open Space shall be directly accessible to the largest practicable number of lots within the subdivision. Non-adjoining lots shall be provided with safe, convenient access to the common open space. 2) Designation of Common Open Space All dedicated common open space shall incorporate those site features considered most worthy of long-term protection, environmental restoration and with the greatest amenity value to residents of conservation developments. The following guidelines shall apply in the identification and delineation of lands to be included in common open space. • Areas subject to flooding with a recurrence interval of 100-years or greater frequency. • Wetlands regulated by the U.S. Army Corps of Engineers, as determined by the National Wetlands Inventory, or more accurate on-site studies, including a buffer of at least 100 feet around such wetlands. • Habitats of threatened or endangered species. • Riparian corridors associated with natural water courses and existing or proposed drainage ways flowing to Lake Jesup. • Shoreline buffer areas of 250 feet, unless modified as warranted by mitigating actions. • Indigenous plant communities, including but not limited to bald cypress, lowland hardwoods, pines and oaks, as well as lands well-suited for restoration to indigenous plant communities. • Areas in productive agricultural use. • Areas contributing to the recharge of groundwater or aquifers, or to the contribution of freshwater to Lake Jessup as identified by the St. Johns Water Management District. • Historic, archaeological or other culturally significant sites. 5 3) Use of Common Open Space Permitted Uses and Activities • Meadows, woodlands, wetlands, wildlife habitats, or similar conservation- oriented areas; • Passive recreational areas including open fields and unpaved trails • Active recreation areas including playgrounds, tennis and basketball courts, ball fields and paved trails, up to 10 percent of the required common open space; • Stormwater retention areas which are gently sloping, well landscaped, unfenced and designed to be an integrated element of the landscape of the common open space; • Pasture lands for equestrian facilities and • Agriculture, forestry, horticulture and silviculture uses, provided that applicable best management practices are used to minimize environmental impacts Prohibited Uses and Activities • Sale or outdoor display of agricultural or other products; • Signs, except those relating to street signs, trails and identification of natural features; • Parking lots; • Fenced, geometric stormwater structures that are not designed to be integrated in the landscape; • Dumping of debris, soil or other material; • Mining or excavation activities other than may be necessary for the restoration of natural landscapes and habitats; • Golf courses and • Agricultural and forestry activities not conducted according to accepted best management practices. 4) Dedication Requirements All required common open space shall be protected by a permanent conservation easement, the form of which shall reflect U.S. Internal Revenue Service guidelines as well as the requirements of Section 704.06, Florida Statutes, as amended, and shall include at minimum the following provisions: • The easement shall be perpetual and shall run with the land • The easement shall prohibit all use or development other than specified herein as permitted uses. 5) Ownership and Management of Common Open Space The designated common open space may be dedicated and managed by one of the following entities, as may be approved by the City of Winter Springs. 6 A) Homeowners' Association If the common open space is to be held by a homeowners association, the association must be approved by the City. The conveyance to the homeowners association must contain appropriate provisions for reversion in the event that the association becomes unwilling or unable to uphold the terms of the conveyance. Membership in the association is mandatory for all purchasers of homes in the development and their successors. The homeowners' association bylaws, guaranteeing continuing maintenance of the open space and other common facilities, and the declaration of covenants, conditions and restrictions of the homeowners association shall be submitted for approval to the City as part of the information required for the preliminary plat. The homeowners' association bylaws or the declaration of covenants, conditions and restrictions of the homeowners association shall contain the following information: 1. The legal description of the common land; 2. A description of common facilities; 3. The restrictions placed upon the use and enjoyment of the lands or facilities; 4. Persons or entities entitled to enforce the restrictions; 5. A mechanism to assess and enforce the common expenses for the land or facilities including upkeep and maintenance expenses, real estate taxes and insurance premiums; 6. A mechanism for resolving disputes among the owners or association members; 7. The conditions and timing of the transfer of ownership and control of land facilities to the association; 8. Any other matter the developer deems appropriate. B) A Nonprofit Conservation Organization If the common open space is to be held by a nonprofit conservation organization, the organization must be approved by the City. The conveyance to the nonprofit conservation organization must contain appropriate provisions for reversion in the event that the organization becomes unwilling or unable to uphold the terms of the conveyance. C) Public Dedication of Open Space and Streets The City of Winter Springs, may at its discretion accept a dedication of fee title or dedication of a conservation easement to the common open space. The City may accept the common open space provided that: (i) The common open space is accessible to the residents of the City and (ii) The City agrees to and has access to maintain the common open space; D) Individual Ownership An individual may hold fee title to the land while a nonprofit or other qualified organization holds a conservation easement for the common open space. 7 6) Open Space Management Plan Every conservation development must include a plan that provides evidence of a means to properly manage the common open space in perpetuity and evidence of the long-term means to properly manage and maintain all common facilities, including any storm water facilities. The plan shall be approved by the City prior to final plat approval. A) The plan shall do the following: • Designate the ownership of the open space and common facilities; • Establish maintenance responsibilities; • Estimate costs and define the means for funding the same on an on-going basis. • Include a land stewardship plan specifically focusing on the long-term management of common open space lands. The land stewardship plan shall include a narrative, based on the site features specifically referencing: a. Existing conditions including all natural, cultural, historic, and scenic elements in the landscape. b. The proposed use of each common open space area; and the measures proposed for achieving the end state. c. Proposed restoration measures suited to proposed uses, including measures for restoring riparian areas, natural drainage features, wetlands, hammocks and other habitats or ecosystems indigenous to the Black Hammock and other areas of the East Rural Area. d. The operations needed for maintaining the stability of the resources, including: mowing schedules; weed control; removal of exotic species; planting schedules; clearing and cleanup. At the City's discretion, the applicant may be required to place in escrow sufficient funds for the maintenance and operation costs of common facilities for a maximum of one year. B) In the event that the organization established to own and maintain the open space and common facilities, or any successor organization, fails to maintain all or any portion of the common facilities in reasonable order and condition the City may provide notice to the residents and owners of the open space and common facilities, setting forth the manner in which the organization has failed to maintain the common facilities in reasonable condition. Such notice shall set forth the nature of corrections required and the time within which the corrections shall be made. Upon failure to comply within the time specified, the organization, or any successor organization, shall be considered in violation this Section, in which case the bond, if any, may be forfeited, and any permits may be revoked or suspended. The City may enter the premises and take corrective action. The costs of such actions by the City may be charged to the owner and may include administrative costs, and at the City's discretion, may become a lien on all subdivision properties. 8 E. CONSERVATION DEVELOPMENT STANDARDS 1) Dimensional Requirements Lot sizes in conservation developments are not directly regulated, but are a function of the permitted number of lots under the gross density provisions, the percent of open space required and the proportion of the site developed as roads and utilities. The following standards apply to yard setback, coverage and building heights. ,. ..- CD - 1 40' 15' 40' 35% 35' CD - 2 30' 10' 30' 50% 35' CD - 3 10' NA 15' 70% 35' 2) Subdivision Design Characteristics a) All lots shall be accessed from interior streets, except for pre-existing structures that will be incorporated into the conservation development b) To the maximum extent possible lots shall abut open space on at least one side. A local street may separate lots from open space (single-loaded street). c) Rear residential lots and any structures including fences shall be located no closer than 35 feet from any exterior public road. d) Conservation developments shall not be designed as disconnected "gated communities". Fencing and walls surrounding conservation developments and individual lots are generally discouraged, so as to preserve scenic views. However, rustic and traditionally rural fencing which is largely transparent (such as split rail) is permitted. 3) Street Requirements a) Sidewalks shall be provided on at least one side of all internal streets and shall be a minimum of 5 feet. b) Native or naturalized shade trees shall be planted (or retained) on both sides of internal street at intervals of not less than 50 feet. c) Street connections to adjacent conservation developments are encouraged to provide pedestrian and vehicular connectivity within the East Rural Area and shall be provided in logical locations to avoid creating landlocked parcels. 9 4) stormwater Requirements a) Existing canals and ditches are encouraged to be retained and reconfigured as riparian corridors with gently sloping banks, and native littoral zoning plantings to enhance water quality b) Conservation developments shall limit the volumes of stormwater runoff by retaining on-site the difference between pre-development and post-development runoff volume fora 25-year / 24 hour storm event with recovery of seventy-five percent of volume within seventy- two hours of a storm event. c) Conservation developments shall maintain stormwater runoff quality through an offline stormwater management system which incorporates sediment forbays equal to one-half of the water volume, as required by the St. Johns River Water Management District, upstream of water quality treatment areas. F. APPLICATION REQUIREMENTS The application and approval procedures for conservation development in the East Rural Area shall generally follow those set out in Chapter 9, Article II - Procedures for Approval of Plans and Plats of the City of Winter Spring Code, modified as follows. 1) Initial Conference Before submitting an application for a subdivision or re-zoning for a conservation development, the applicant shall schedule an appointment and meet with the Director of Community Development or his designee to discuss the procedure for approval of a conservation subdivision, including submittal requirements and conservation design standards and principles. Applicant shall be notified of the requirement that an initial sketch plan be prepared by a landscape architect licensed by the State of Florida Department of Professional Regulation. After the initial conference, the applicant shall submit a series of maps and descriptive information to the Director according to the following. Mapping for the initial application can be done in any combination of features as long as individual map components can be distinguished and the relationship between map components can be determined. The initial conference may be conducted in coordination with a site visit. 2) Sketch Plan Submission In addition to the requirements set out in Section 9-46 -Filing and Contents of a Preliminary Map and Plan, applicant shall submit the following. • Views of the site, including views onto the site from surrounding roads, public areas and elevated areas, including photographs with a map indicating the location where the photographs were taken; 10 ~' • Sketch plan indicating site natural conditions including vegetation, soil, wetlands, floodplains and habitats; • Sketch Plan depicting conceptual layout of lots, roads and land to be reserved as common open space and protected by a conservation easement and • Proposed methods for ownership and management of common open space. 3) Final Plan In addition to the requirements of 9-73 - Form and Contents of Final Development Plan, applicant shall submit the following: • Open Space Management Plan - An open space management plan, as described herein • Instrument of Permanent Protection - An instrument of permanent protection, such as a conservation easement or permanent restrictive covenant 11