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Home My WebLink AboutOrdinance 2011-02 Amending Chapters 6, 9 and 20 of the City Code - Planned Unit Development PUD Zoning DistrictORDINANCE NO.2011-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTERS 6, 9 AND 20, OF THE CITY CODE REGARDING THE PLANNED UNIT DEVELOPMENT "PUD" ZONING DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission desires to provide uniform and streamlined procedures for the review of applications for a planned unit development zoning district; and WHEREAS, the City Commission desires to allow a flexible management structure for the efficient, orderly, and sustainable integration of uses within a zoning district through use of a negotiated development agreement; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code Sections 20-351 through 20-389, which are attached hereto as Exhibit "A", are hereby deleted in their entirety and replaced with the following text: Sec. 6-87. Reserved. Minimum setbaeZwithin PUD yuaug di T+ iie+ T City of Winter Springs Ordinance No. 2011-02 Page 1 of 13 ANNUMMIIIII ■ � e MEN ■ City of Winter Springs Ordinance No. 2011-02 Page 2 of 13 • Sec. 9-153. General layout; connections with existing streets. The proposed street layout shall be coordinated with the street system of the surrounding area. The arrangement and location of all streets shall be considered in relation to topographical conditions, to public convenience and safety and in appropriate relation to all proposed uses of the land to be served by such streets. atr-eL4s in a planned nit aevelepmet4 intended and .,......,..... -I ...,...., ..... - .,»,... ,.., --w „». — --- ——jr ----- -� --�- �-----------------_ __ _ the intema4 eelleeAe« street ., an after-W street Section 20-351. Intent and purpose of district. The intent and purpose of the planned unit development "PUD") district are to accomplish through a master plan with an appropriate mix of uses, a more desirable environment and efficient land use pattern than would be possible through a strict application of Euclidian zoning, while adheringto the provisions of the comprehensive plan and applicable federal and state regulations. The purpose of the PUD is further defined to: (a) Allow a more flexible management structure for the efficient, orderly, and sustainable integration of uses consistent with and complementary to their context within the community; (b) Create a greater sense of place community, and neighborhood identity, through superlative urban design and innovation; (c) Provide a development plan that is compatible with and complements the surrounding community, creating a safe inviting environment, a sense of place, and neighborhood cohesiveness; (d) Maintain enhance and preserve salient or otherwise significant existing natural features, by identifying these features and designing the project to incorporate them as view -sheds, terminating vistas, focal points, and/or other scenic amenities; (e) Provide the greatest choice of realistic, safe, functional, interconnected, and convenient multi -modal transportation options within the PUD and with the surrounding areas; City of Winter Springs Ordinance No. 2011-02 Page 3 of 13 (f) Limit urban drawl, greenhouse gas emissions, stormwater runoff, and vehicle miles traveled; (g) Provide economically efficient means for delivery of government services and infrastructure; (h) Provide a mix of housing designed in pedestrian scale neighborhood unit increments, (i) Incorporate energy and water efficient land use patterns and technologies beyond the minimums required by state law or the Florida Building Code; (j) Promote positive interaction among and between uses and, where residential is included, the use of residential housing types that could not readily be accomplished through Euclidean zoning; (k) Incorporate crime prevention through environmental design (CPTED)principles compatible with the pedestrian -oriented design; and (1) Further the goals, objectives and policies of the comprehensive plan. Section 20-352. Development Agreement and Master Plan. a. Development Agreement. The PUD zoning district requires the review, approval, execution and recordingof a development agreement between the applicant and city commission. No site work, other than that normally associated with surveying and soil boring, may be initiated prior to recordation of such development agreement, although demolition of structures, wells, and/or septic systems or hazardous materials cleanups may be permitted if not otherwise prohibited by this Code. b. Master Plan. The PUD zoning district additionally requires the review and approval of a master plan which is approved as an exhibit to or by reference in a development agreement. C. Amendments. Proposed amendments to an approved development agreement shall be reviewed and approved in the same manner as the approved development agreement. Proposed amendments to an approved master plan shall be considered an amendment to the approved development agreement. Section 20-353. Standards for planned unit developments. (a) Unified Control. At the time of application, all properties within a proposed PUD shall be under unified ownership or control, as demonstrated by appropriate legal documents submitted b theapplicant. These documents shall be reviewed for and are subject to a determination of legal sufficiency by the City Attorney. City of Winter Springs Ordinance No. 2011-02 Page 4 of 13 (b) Minimum Size. The minimum parcel size for a PUD is 10 acres. All proposed developments which contain at least fifty (50) developable acres inclusive of wetlands proposed to be mitigated, except developments proposed to be located within the Town Center or Greeneway Interchange zoning districts, shall be located within a PUD zoning district. (c) Permissible Uses, Density, & Intensity. Permissible uses within the PUD shall be established within the development agreement consistent with the underlying_ future land use desi ation(s) identified on the future land use may of the comprehensive plan. There shall be at least two (2) different uses within a new PUD, and at least one of the uses shall be a non-residential use. Nothing herein shall be construed to abrogate specific use restrictions set forth in this Code including the restrictions set forth in Chapter 20, Article V, Supplemental District Regulations. (d) Maximum Density and Intensityof Development. The density and intensity of development within the PUD zoning district shall be established within the development agreement consistent with the maximum density and intensity allowed within the property's future land use designation set forth in the Comprehensive Plan. (e) Size & Dimensional Regulations. (1) The location, size, dimensions, and design of yards, building and parking setbacks, vehicular access, loading and unloading areas, accessory structures, and utility areas (including, but not limited to, permanent areas for dumpster enclosures, utility infrastructure, stormwater management facilities, outdoor storage of vehicles, machines, and materials) shall be identified and set forth in the development agreement and master plan, and/or preliminary engineering plans for each applicable portion of the planned unit development. (2) Existing PUDs. (a) Unless otherwise provided elsewhere in the City Code or upon a plat of record or in an active development agreement approved by the City, principal building setbacks forproperty zoned PUD shall be as follows: (i) Front yards. The front yard shall not be less than twenty-five (25) feet in depth; (ii) Rear yards. The rear yard shall not be less than ten (10) feet in depth; (iii) Side yards. The side yard shall not be less than five (5) feet on each side of the dwelling structure; and (iv) Corner yards. On corner lots, the front yard set back of twenty, (25) feet must be maintained, at a minimum, on all sides abutting private or public rights -of -way. City of Winter Springs Ordinance No. 2011-02 Page 5 of 13 (b) Zero Lots Line: Notwithstanding the minimum setback requirements of this subsection, zero lot line property shall be governed as follows. Unless otherwise provided elsewhere in the City Code or upon a plat of record or in an active development agreement previously approved by the city commission, the principal building setbacks for zero lot line property zoned planned unit development (PUD) shall be as follows: (i) Front yards. The front yard shall not be less than twenty-five (25) feet in depth; (ii) Rear vards. The rear yard shall not be less than ten (10) feet in depth; (iii) Side yards. The side yard shall not be less than five (5) feet on one (1) side of the dwelling structure; and (iv) Corner yards. On corner lots, the front yard set back of twenty-five (25) feet must be maintained, at a minimum, on all sides abutting private or public rights -of -way. (c) Conflicts. In the event of any conflict between the requirements of this section and any declarations of covenants and restrictions governing site conditions of a PUD development within the city, the more restrictive shall apply. In the event of any conflict between the requirements of this section and any recorded development agreement approved by the city commission or court approved settlement agreement governing site conditions of a PUD development within the city, the conflicting provision in the development agreement or court approved settlement agreement shall prevail. (3) New PUD developments. Nothing contained in this section shall be construed as limiting the city commission's authority to impose setback requirements greater or lesser than the minimum requirements of this section for PUD developments approved after the effective date of this section. (f) Perimeter Transition. (1) General. The transition between existing development and the PUD shall provide a progression of complementary uses to the greatest extent reasonably Possible. The goal is to encourage interconnectivity, to avoid the need for or use of walls earthen berms, or other obstacles, and to encourage access and positive interaction and synergy among and between uses. (2) Landscape Buffers. If the City Commission determines that a buffer is required the buffer shall be dedicated on the plat, if applicable and shall be held in common ownership to ensure adequate and uniform maintenance. Any buffer plantings around the perimeter of the PUD or any portion of the PUD shall be City of Winter Springs Ordinance No. 2011-02 Page 6 of 13 comprised of at least 75 percent native plant species and shall be compatible with the soil pH conditions and hydrology. (g) Street Dedication and Public Access. The provision of new private gated communities is prohibited except to accommodate extreme circumstances of adjacent incompatibility. Adequate access among and between adjacent developments shall be provided to the greatest extent reasonably possible Existing private streets within PUDs shall not be converted to public streets unless the streets are designed and constructed to City specifications at minimum and unless adequate access to adjacent Properties is provided. Even where existing development is not conducive to access connection acquiring or providing adequate emergency access is important to protect the public safety and access shall be maximized. In new development or substantial redevelopment emergency, pedestrian, and bicycle access shall be maximized to the extent that is reasonable even if or when motor vehicle access cannot be expanded. Intersections within the PUD shall be designed to ensure pedestrian safety. (h) Sidewalks and Trails. Lighted sidewalks (a minimum of five [51 feet in width shall be provided on both sides of the road within any new PUD or any new subdivision (or subdivision redevelopment) within an existing PUD, except that where a trail of at least 8 foot in width is provided in close proximity to and substantially parallel to the roadside the trail may count for the sidewalk on that side of the roadway. Sidewalks and trails shall be planned designed and constructed to provide maximum safe connection to mass transit other trails and sidewalks as well as to schools parks restaurants, shopping, and other activity centers. Adequately lighted and designated pedestrian walkways shall be provided within parking lots to ensure pedestrian safety. 6) Placemaking. Pedestrian -oriented block size (approximately '/4 mile perimeter) interconnected roadways and building orientation toward the most prominent public spaces is required throughout a new PUD (except in industrial areas within a PUD). 0 Lighting and Signal Street lighting and signage which promotes aesthetics and reinforces appropriate pedestrian - oriented streetscape design shall be incorporated throughout the PUD On -site lighting shall retain light on -site, so that off -site light spillage is limited to not more than 0.5 foot-candles unless otherwise approved by the City Commission. Street and parking lot lighting within or adjacent to residential portions of the PUD shall be designed to be consistent with that residential development (for example, so that lights do not interfere with second or third story residential activity and light source glare is not visible from adjacent residential properties) Signa a shall City of Winter Springs Ordinance No. 2011-02 Page 7 of 13 incorporate a common architectural and aesthetic inte rg_ity, context, harmony, and theme for the PUD. SiMage shall adhere to City Code specifications, except that certain signage encouraged or permitted within the Town Center district may be provided where appropriate within a PUD outside of the Town Center, subject to approval (e.g. aesthetics, dimensions, materials, colors, illumination, context, and location) by the City Commission and inclusion in the development agreement. (k) Utili . Lines. All new or relocated utility lines shall be located underground at the developer's expense. Unshielded utility features shall not be visible from private or public rights -of -way or other public places. Placement of a utility feature in conflict with this provision in a new development or substantial redevelopment shall be relocated promptly at the developer's expense. (1) Water and Sewer. All new PUDs or substantial development or redevelopment in a PUD shall connect to City potable water and sanitary sewer services. The PUD shall extend the distribution lines along the property to accommodate future service to adjacent properties, unless otherwise approved by the City Commission. Connection to existing water and sewer systems shall be at the developer's expense, except that where the City requires utility lines of greater capacity than required for the proposed development, the City shall be responsible for providing the greater capacity and shall reimburse the developer for such excess costs paid by the developer. No interim water or sewer service outside of the Cilsystem shall be allowed. Connection to reclaimed effluent shall be required where available. (m) Drainage and Stormwater Management. Drainage and stormwater management shall be master planned for the PUD and shall incoroorate innovative designs, such as, but not limited to, cisterns, green roofs, rain gardens, pervious pavement, and bio-swales to limit pollution runoff, to off -set potable water use for irrigation, and to aid in efficiently and economically heating and cooling buildings. Drainage and stormwater may be phased, consistent with phasing for the development, provided that the each phase can stand on its own and does not compromise future phases of development. (n) Landscaping. All planted material shall be certified as Florida number one grades and standards (most recent iteration) before installation and shall be installed pursuant to plan specifications or as approved by the City Arborist. These installation specifications shall be consistent with the Institute for Agricultural Sciences (IFAS) standards and best practices. Such plant materials shall have been grown within an approximate 150 mile radius of Seminole County as documented to ensure survivability and sustainability. After installation, the applicant's landscape architect shall City of Winter Springs Ordinance No. 2011-02 Page 8 of 13 certify that the landscape materials have been appropriately installed pursuant to the specifications set forth on the landscape plans approved by the City (e.g. species, quality, height, location spacing, quantity, site preparation, planting, and mulching). This shall include, but not be limited to, ensuring that plantings are at the prescribed and appropriate depth, in relation to adjacent grade, to ensure survivability. Section. 20-354. Procedures for approval of planned unit development zoning classification. (a) General procedures for PUD approval. The procedure for obtaining approval of a planned unit development zoning classification shall be as follows: (1) Pre -application conference: Prior to submitting a formal application package for a PUD all applicants shall submit a tentative master plan and shall schedule a pre -application conference with staff. The applicant shall address the factors set forth in subsection (5) of this subsection and staff may provide non -binding comments and recommendations to the applicant. (2) Formal Submittal: After the pre -application conference, the applicant shall submit a change of zoning request, the proper application fee, the master plan, and a draft development agreement and the following: a. Notarized documentation of ownership or owner authorization; b. Documentation of unified control; c. Up-to-date boundary survey and topographical information sufficient to identify drainagepatterns and floodplain and legal description of the subject property (specify whether elevations are NGVD or NAVD); d. A vicinitymap with the north arrow, scale, and date, indicating the transportation network, zoning_ classifications, and present uses of the properties within 500 feet (exclusive of roadways) of the subject property; e. The Future Land Use designation, zoning classification, zoning district boundaries, and present use of the subject property_ f. A description of any known hazardous materials or environmental contamination; g. The proposed PUD master plan (1 electronic copy and the applicable number of paper copies); h. Wetland and floodplain maps and supporting information; i. Listed flora and fauna) pecies survey_ j. Conservation acreage and locations; City of Winter Springs Ordinance No. 2011-02 Page 9 of 13 k. Preliminary transportation analysis methodology, scope, format, and other issues to be determined prior by City Engineer); 1. Gross residential density, non-residential floor area ratio (FAR), and recreation acreage; m. Total number of dwelling units, by_type, and non-residential building area, by We; n. Preliminary phasing plan; o. Adequately demonstrate that the proposal is and can be reasonably anticipated to be constructed consistent with the requirements and provisions of the comprehensive plan; and p. Preliminary economic analysis. (3) Staff review: The master plan and draft development agreement shall be reviewed formally by the community development department and a representative from the county fire department as necessary to determine the feasibility and suitability of proposal prior to the submission of the master plan and development agreement to the planning and zoningboard. oard. Staff shall provide comments and recommendations on the proposed master plan and development agreement in accordance with the factors set forth in subsection_ (5) of this section. (4) Community Meeting. The applicant shall provide a public meeting with notice to neighboring property owners within one -hundred and fifty( 150) feet of the proposed development and ownership associations within five -hundred (500) feet of the proposed development to review the proposed development as set forth in the master plan and development agreement. (5) Planning and zoning board public hearing., The planning and zoning board shall hold a public hearing to consider the change of zoning request, including the master plan, proposed development agreement, and staff recommendations. The board shall either recommend approval, approval with modifications, or denial of the request to the city commission, stating their reasons for such action. In making its recommendation, the planning and zoning board shall make findings of fact upon the following_ (i), Consistency between the proposal and the City Comprehensive Plan and City Code; (ii) Compatibility with/transition to surrounding land uses (both existing, approved entitlements, and those currently/actively proposed for development); (iii) Adequacy of existing infrastructure to accommodate the development and existing entitlements; City of Winter Springs Ordinance No. 2011-02 Page 10 of 13 (iv) Significant ecological geological, or aesthetic features which may be incorporated into the plan (to include but not be limited to approximate wetland boundaries listed species survey, and general assessment by both an ecologistand_ landscape architect); and (v) The nature design, and appropriateness of the proposed development arrangement to the property involved. (6) City commission public hearing: The city commission shall review the master plan, proposed development agreement the staff recommendations the planning and zoning board recommendations and hold a public hearing to consider the request. The commission shall either approve approve with modifications or deny the request stating their reasons for such action. If the request is approved the property shall be zoned PUD and shall be so designated on the official zoning map. The decision of the city commission shall be based on consideration of the facts specified as review criteria for the planning and zoning board as set forth in subsection (5) of this section. 7) In approving a PUD, the citv commission may establish any reasonable conditions or requirements in addition to those provided in this Code. Such additional conditions or requirements shall be entered into the development agreement and/or depicted on the master plan prior to execution of the development agreement by the City and are enforceable in the same manner and to the same extent as the other requirements of the development agreement and/or master plan. (8) The applicant shall pay all costs to record the development agreement. Section 20-355. Appeals. A decision of the city commission may be appealed to the appropriate circuit court of the state. Section 20-356. Control of development following recordation of development agreement. (a) An approved planned unit development shall be considered to be a separate zoning district in which the recorded development agreement established the restrictions, regulations, and district description according to which development shall occur. (b) After recordation of a development agreement, no changes may be made except under the procedures provided below: (1) If any minor extensions, alterations or modifications of existing buildings, structures or utilities are consistent with the purposes and intent of the development agreement, they may be authorized by the community development director. City of Winter Springs Ordinance No. 2011-02 Page 11 of 13 (2) Any uses not authorized by the development agreement may be added to modified or deleted from the development agreement if an amendment to the development agreement is approved in accordance with the provisions of this article. (3) A building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the development agreement unless an amendment to the development agreement is approved in accordance with the provisions of this article. (4) One (1) accessory dwelling unit ancillary to the principal dwelling may be allowed by conditional use unless prohibited by the declarations covenants conditions and restrictions of the homeowner's association Section 20-357. Amendment to Existing PUD. Any amendments to a pro erty with a PUD zoning district classification existing on the effective date of this Ordinance shall be subject to the requirements set forth herein including amendments to any property with a PUD zoning district classification that is subject to a master plan or other development plandevelopment agreement and/or settlement agreement except that in the event of a conflict between the terms of a settlement agreement and this Chapter, the terms of the settlement agreement shall prevail If a property with a PUD zoning district classification existing on the effective date of this Ordinance is not subject to ansuch plan or agreement, the property shall nonetheless be subject to the requirements set forth herein prior to development of the property. Section 20-358. Additional Requirements. All property with a PUD zoning district classification remain subject to applicable requirements of the Code, including but not limited to Chapter 9 for platting_ preliminary engineering, and final engineering for subdivision and/or site planning, as applicable Sections 20-359 through 20-389. Reserved. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. City of Winter Springs Ordinance No. 2011-02 Page 12 of 13 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in fa regular meeting assembled on the 9 th day of May , 2011. �a IMMB C /,Y. -1yo ATT _ AND / NZO-LUACES City Ci Clerk APPROVEA AS TO LEGAL FORM AND SUFFICIENCY FOR T C OF WINTER SPRINGS ONLY. THO . GARGANESE City Attorney First Reading_ April 25, 2011 Second Reading: May 9, 2011 Effective Date: See Section 6. City of Winter Springs Ordinance No. 2011-02 Page 13 of 13 ARTICLE IV. PLANNED UNIT DEVELOPMENTS Pagel of 2b Exhibit "A" ARTICLE IV. PLANNED UNIT DEVELOPMENTS DIVISION 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 of the 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 property 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, constructed 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 proportion 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, syndicate, partnership or corporation, or any combination thereof, who are actually involved in the creation and construction of a planned unit development. Final development plan. The set of documents delineated in section 20-357 which serves as the specific development standard for the planned unit development 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 of land 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 entrance hall or court. Gross acreage. The total number of acres within the perimeter boundaries of a planned unit development. Gross residential acre. An acre of land committed to the explicit use of residential buildings or structures or which provides access to or contributes to the amenities of a residential development, such as parks, open space, parking lots, etc. Land devoted to schools shall not be included. Areas http://Iibrary4.municode.com/default-test/DocView/12019/l/121/125 4/1/2011 ARTICLE IV_ PLANNED UNIT DEVELOPMENT'S Page 2 of 26 primarily dedicated to water or utility related uses may be included in calculating gross residential acre, if incorporated into a final development plan as a significant and bona fide amenity to the residential development. 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. Mixed residential PUD. A planned residential community which may include any combination of single-family homes, patio homes, townhouses or garden apartments. Multihamily 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, vehicular 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 of land 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 documents 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 between 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 located side by side with no units located above or below one another, designed and constructed so that the units may be individually owned. Townhouse 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; Ord. No. 2007-29, § 2, 12-10-07, § 2, 12-10-07) Cross references: Definitions and rules of constructions generally, § 1-2. Sec. 20-352. Intent and purpose of district The intent and purpose of the planned unit development zoning district are as follows: (1) To provide for planned residential communities containing a variety of dwelling unit types and arrangements, with complimentary and compatible commercial centers with supportive residential and/or complimentary and compatible industrial land uses; and planned industrial parks with complimentary and compatible residential and/or commercial land uses, all designed to promote the public health, safety and general welfare. (2) To allow diversification of uses, structures and open spaces compatible with adjacent land uses. (3) To preserve the natural amenities and environmental assets of the land by encouraging the preservation and improvement of scenic and functional open space areas. http://Iibntry4.municode.com/default-tesVDoeView/12019/l/121/125 4/1/2011 ARTICLE IV. PLANNED UNIT DEVELOPMENTS Page 3 of 26 (4) To encourage flexible and creative concepts in site planning that will allow an increase in the amount and usability of open space that is possible through conventional practices. (5) To encourage an environment of stable character. (6) To encourage a more efficient use of land 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 recreational 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. Residential dwelling units, including but not limited to detached single-family, patio homes, garden apartments, condominiums, cooperative apartments, townhouses, provided that all are compatible with each other; complimentary and compatible supportive commercial and/or industrial land uses designed to create an aesthetically pleasing 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; complimentary and compatible residential and/or industrial land uses designed to create an aesthetically pleasing and harmonious environment. (3) Planned industrial parks: All types of industrial uses including but not limited to warehousing, manufacturing, and trucking facilities; complimentary and compatible 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, commercial, and/or industrial development. (5) Public recreational areas and facilities: Public recreational areas and facilities shall be permitted in planned residential and commercial communities and shall hereby be deemed compatible with surrounding residential and neighborhood commercial developments, provided said areas and facilities are located at the southwest corner of the intersection of S.R. 417 and S.R. 434 and adjacent to state owned recreational lands and the area comprises at least twenty (20) acres of land. (Ord. No. 367, § 1, Art. XIV, Part A, § 44.85.3, 5-11-87; Ord. No. 2006-19, § 2, 11-13-06) Sec. 20-354. Site development standards. (a) Site development standards shall be established for planned unit developments, to ensure adequate levels of light, air and density; to maintain and enhance locally recognized values of community appearance and design; to promote the safe and efficient circulation of pedestrian http://IibraTy4.municode.com/default-tesVDocView/12019/l/121/125 4/1/2011 ARTICLE IV. PLANNED UNIT DEVELOPMENTS Page 4 of 26 and vehicular traffic; to provide for orderly phasing of development, and to protect the public health, safety and general welfare. (b) The applicant shall propose, and the planning and zoning board shall recommend to the city commission an overall maximum residential density and maximum residential densities and Wight limitations for each dwelling unit type in the proposed planned unit development. The commission may adopt the recommendation or make such changes or amendments it deems proper. Types of residential construction may be intermixed, as long as the adopted overall residential density and height limitation of each type is not exceeded. The criteria to be used by the commission and planning and zoning board in establishing the residential densities and height limitations shall be as follows: (1) The compatibility with other zoning districts in the vicinity of the subject property 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 recreational uses for the residents. (4) The adequacy and proximity of public roads, utilities, services, and facilities required to serve the development. The maximum allowed number of dwelling units per gross residential acre and maximum height by type of dwelling unit shall be as follows unless specifically waived by the city commission after receiving recommendations from the planning and zoning board: TABLE INSET: Type Maximum Units per Gross Residential Acre Maximum Height Single-family 4.5 2 stories detached Patio homes 7.0 2 stories Townhouses 10.0 3 stories Garden 16.0 3 stories apartments Mixed residential Actual units per gross residential acre and actual height shall be PUD determined by the city commission on a case -by -case basis by development agreement. (c) The applicant shall propose, and the planning and zoning board shall recommend, the maximum allowable floor area ratio for all commercial and industrial uses within the PUD to the city commission. The commission may adopt the recommendation or make such changes or amendments as it deems proper. (d) The following site development standards shall apply unless waived by the city commission, specifically finding after receiving recommendations 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 vegetation 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 facilities shall be installed in common areas of residential developments and in special http:/Ilibrary4.municode.com/default-testIDocView/I2019/1/121/125 4/1/2011 ARTICLE IV. PLANNED UNIT DEVELOPMENTS Page 5 of 26 areas of commercial and industrial developments. 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 facilities 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 ensure 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 environment. (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 construction 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 applicant, reviewed by the staff and the planning and zoning board, and approved or modified by the city commission. (8) Central water systems, sewerage systems, stormwater management systems, utility lines and easements shall be provided in accordance with the appropriate sections of chapter 9. (9) Parking and loading requirements shall be based on section 9-276 et seq. Residential off-street parking shall be provided at a ratio. of one and one-half (1 112) 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 manner 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 arterial routes. (12) Wherever practicable, vehicular and pedestrian 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 imposition 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; Ord. No. 2007-29, § 2, 12-10-07) Sec. 20-355. Procedure for approval. The procedure for obtaining approval of a planned unit development zoning classification shall http://library4.municode.com/default-test/DoeView/12019/l/121/125 4/1/2011 ARTICLE IV. PLANNED UNIT DEVELOPMENTS be as follows: Page 6 of 26 (1) Pre -application conference: The applicant shall contact the city clerk to arrange a meeting with the planning and zoning board, or its designee, in order to review the proposed PUD request prior to formal submittal of such request. (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 development 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 authorize 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 hearing. 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 modifications, 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 recommendations, the planning and zoning board recommendations, and hold a public hearing to consider the request. The commission shall either approve, approve with modifications, 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, however, no permits may be issued at this time. (7) Final development plan, preliminary review. 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 planning 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 simultaneously with, or subsequent to, review of the final development plan. It is recommended 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 preliminary development plan. The request and one (1) copy of the final development plan shall be placed in the permanent file at city hail and shall be open to public inspection 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 recommendations. The applicant shall be invited to this meeting. (10) Planning and zoning board review. The planning and zoning board shall review httP://library4.municode.com/default-test/DocView/12019/l/ 121 /125 4/1 /2011 ARTICLE IV. PLANNED UNIT DEVELOPMENTS Page 7 of 26 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 commission shall review the final development plan and the recommendations of the staff and the planning and zoning board. The commission shall then either approve, approve with modifications, or deny the request for final development approval, stating 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 compliance with the intent and purpose of the PUD district and the approved preliminary development plan. b. Whether the phase of development in question can exist as an independent unit capable of creating an environment of substantial desirability and stability. c. Whether existing and proposed utilities and transportation systems are adequate for the population proposed. (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 accordance with the final development plan, [THIS PAGE INTENTIONALLY LEFT BLANK] 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, acreage and type of planned unit development. (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 development plan. (4) A vicinity map indicating the relationship between the planned unit development and its surrounding area, including adjacent streets, thoroughfares and developments. (5) The existing land use and zoning of the adjacent property and all contiguous property- (6) The existing topography and other natural 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 http://.libmg4.municode.com/default-test/DocView/12019/l / 121 /125 4/1 /2011 ARTICLE IV. PLANNED UNIT DEVELOPMENTS Page 8 of 26 county indicating the location of existing soil types and a brief description of the development capabilities and water capacities of each soil type. (8) A general description of existing vegetation and an indication of which natural areas Will be preserved and which will be altered or eliminated. (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 highways proposed in the development, and the general location of all access points to abutting arterials and highways. b. Identification of all existing major road setbacks and proposed right-of-way widths. 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, acreage, and proposed floor area ratio. e. All public and semipublic uses, schools, common open space, and recreational areas according to location, type and acreage. (10) The proposed maximum height of all buildings and structures. (11) The priority and phasing of the development, in map form, and the manner in which each phase of the development can exist as an independent unit capable of creating an environment of sustained desirability and stability. Recreational facilities and other development facilities and amenities shall be specifically delineated in this phasing plan. (12) The proposed method of providing all necessary road improvements, water and sanitary sewer services, stormwater management 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 necessary for the decision - 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 following: (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 development plan. (3) A location map indicating the relationship between the area proposed for final development, the remainder of the area within the approved preliminary development plan, and the surrounding area. http://Iibrary4.municode.com/default-test(DocView/I2019/1/121/125 4/I/2011 ARTICLE IV. PLANNED UNIT DEVELOPMENTS Page 9 of 26 (4) Boundary survey, legal description, and gross acreage of the area submitted for final approval. (5) A preliminary subdivision plan (preliminary plat), if the applicant proposes to create three (3) or more parcels. (6) .A plot plan with scaled dimensions including but not limited to the following: a. The name, location, right-of-way width, and width of pavement of proposed streets, easements, pedestrian ways, bicycle paths, and watercourses. b. The name, location, width and design of existing streets, including abutting arterials within two hundred (200) feet of the subject property. c. The locations, dimensions and uses of all buildings and structures, including proposed property fines, utility plants and permanent signs. d. Open and covered off-street parking areas, including landscaping and external lighting systems. e. Distance of dwelling units from vehicular accessways and parking areas. f. Walls, fencing or landscaping between private and common areas, along streets and highways, drainage ways, railroads, and the perimeters 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 industrial 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) A general landscaping and tree planting plan indicating areas of vegetation to be preserved and the proposed method of preservation, in addition to proposed irrigation systems and landscaping materials. (8) Design elevations and/or renderings of all proposed buildings or structures. (9) Total acreage and types of open space and recreation. (10) Speck recreational facilities and improvements. (11) Preliminary engineering plans for roads, water, fire protection, sanitary sewer, and stormwater management systems including existing ground surfaces and proposed elevations; typical cross -sections of proposed grading, streets and sidewalks, canals and waterways; and proposed types of pavement. All plans must be approved by the city engineer. (12) Covenants, conditions, restrictions, agreements and grants which govern the use, maintenance and continued protection of buildings, structures, landscaping, common open space, recreational areas and facilities within the development. Such documents shall indicate to the satisfaction of the city council an acceptable method of ensuring that all obligations and improvements designated in the final development plan can and shall be completed. Bonds or an escrow account may be necessary in order to satisfy this requirement. a. The covenants, conditions, restrictions, agreements or grants which govern the use, maintenance, and continued protection of buildings, structures, landscaping, common open spaces, recreational areas and facilities within the http://Iibrary4.municode.com/default-test/DoeView/l 2019/l/121/125 4/1/2011 ARTICLE IV. PLANNED UNIT DEVELOPMENTS Page 10 of 26 development, shall specifically include a detailed outline of the following: 1. Uses; 2. Building height limitations; 3. Building area (imitations; 4. Front, rear and side yard setback -criteria; 5. Lot area coverage; 6. Minimum living area; 7. Any other restrictions pertaining to buildings or building placement. Examples of such restrictions are "no garage entrance shall be located on the front street side of dwellings" or "all appurtenant buildings, swimming pools, screen enclosures, or other additions shall be at the rear of and within the encompassed by a rearward extension of the sidelines of primary 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 development plan shall agree as a condition 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 same in law or equity in any court of competent jurisdiction. In addition, no permits shall be issued for buildings in a planned unit development that does not conform with the requirements above. b. In currently approved planned unit developments, the requirements of subsection (12)a. above which are contained in currently listed or subsequently revised covenants, conditions, 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 decision - 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 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 district; (2) The concept, land uses, densities and phasing of the approved preliminary development plan; (3) Any other pertinent ordinances or regulations. http://library4.municode.com/default-tesVDoeView/12019/l/121/125 4/1/2011 ARTICLE IV. PLANNED UNIT DEVELOPMENTS Page 11 of 26 (b) If the planning and zoning board determines 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 planning 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) To 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 development plan. (a) Any request for an alteration, revision, addition or deletion to the final development plan shall be submitted to the city Berk for review by the planning and zoning board. The board shall review the request and make finding of fad as to whether the proposal constitutes a change in the preliminary development plan also. If so, the request must first be processed according to section 20-358. 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. (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 request, stating their reasons for such action. The commission shall then review the proposal and the recommendations of the staff and the planning and zoning board and either approve, approve 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 following 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 district description according to which development shall occur. Upon approval of the final development plan, the use of the land and the construction, 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 provisions 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 provided below: (1) If any minor extensions, alterations or modifications of existing buildings, structures or utilities are consistent With the purposes and intent of the final development plan, they may be authorized by the building code. (2) Any uses not authorized by the final development 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 reconstructed only in compliance with the final development plan unless an amendment to the plan is approved in accordance with the http://library4.municode.com/default-test/DoeView/12019/1/121/125 4/1/2011 ARTICLE IV. PLANNED UNIT DEVELOPMENTS Page 12 of 26 provisions of this article. (4) One (1) accessory dwelling unit ancillary to the principal dwelling may be allowed by conditional use, unless prohibited by the declarations, covenants, conditions and - restrictions of the homeowner's association. (Ord. No. 367, § 1, Art. XIV, Part A, § 44.85.10, 5-11-87; Ord. No. 2010-08, § 5, 10-25-10) 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 development according to the final development plan. For the purpose of this section, "substantial development" 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, utilities 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 includes 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 includes 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 completed. (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, 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 hereunder, substantial development has not been started, both the final and preliminary development plan shall be automatically 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 commission shall not fulfill the submittal requirements delineated in item (1) of this section. (6) Any zoning classification which has been rezoned pursuant to a preliminary or final 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 rezoned pursuant to a final and/or preliminary 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 established 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 approve 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. http://Iibrary4.municode.com/default-test/DmView/12019/1/121/125 4/1t2011 ARTICLE IV. PLANNED UNIT DEVELOPMENTS (Ord. No_ 367, § 1, Art. XIV, Part A, § 44.85.11, 5-11-87) Sec.20-362. Appeal. Page 13 of 26 (a) A decision by the planning and zoning board may be appealed to the city commission. The city commission shall not, however, modify or 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. XN, Part A, § 44.85.12, 5-11-87) Secs.20-363--20-375. Reserved. DIVISION 3. PART B. PLANNED UNIT DEVELOPMENT Sec.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. Apartments, may or may not, have units one above the other with several units sharing the same entrance 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 property 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, constructed 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, syndicate, partnership or corporation, or any combination thereof, who is actually involved in the creation 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 subdivision thereof. http://Iibmry4.munir-ode.com/default tesUDoeView/12019/l/121/125 4/1/2011 ARTICLE IV. PLANNED UNIT DEVELOPMENTS Page 14 of 26 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 development standard for the PUD district, or subdivision, it covers. Multifamily dwelling. Buildings designed to be occupied by two (2) or more families living independently of one another. Net residential acreage. The total number of acres of land explicitly available for the construction of residential buildings and structures. Land which is not suitable for the construction of residential buildings or structures, or which is devoted to schools, water areas, commercial land uses, utilities, common open space shall not be included. Land which has been declared environmentally sensitive by the state department of environmental regulation shall not be included. Open space. The gross acreage of the PUD exclusive of buildings, accessways and parking areas. Party wall. A fire wall on an interior lot line, used or adapted for joint service between two (2) buildings. Patio homes. Single-family dwelling units with a private outdoor living area, one (1) side wall of which may be a party or lot line wall having a 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 of land 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. Story. That portion of a building included between 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 located side by side with no units located above or below one another and designed and constructed so that the units may be individually owned. Townhouse units are normally in groups of three (3) to six (6) units and except for the end units are separated by party or lot line walls on each side, each of which shall have a minimum two-hour fire rating. (Ord. No. 367, § 2, Art. XIV, Part B, § 44.85.14, 5-11-87) Cross references: Definitions and rules of construction generally, § 1-2. Sec. 20-377. Intent and purpose of district The intent and purpose of the planned unit development (PUD) zoning district are as follows: (1) To provide for planned, and architecturally controlled residential communities allowing a diversification of structures; commercial centers allowing a diversification of uses and structures; controlled industrial parks; and public and quasi -public facilities developed in accordance with an approved development plan; all designed to promote the public health, safety and general welfare. http://hbrary4.municode.com/default-test/DoeView/12019/l/121/125 4/1/2011 ARTICLE IV. PLANNED UNIT DEVELOPMENTS Page 15 of 26 (2) To allow for a controlled graduation of density, compatible and harmonious with and complimentary to permitted land uses on abutting properties. (3) To preserve the natural amenities and environmental assets of the land by the preservation and improvement of scenic and functional open space areas. (4) To encourage flexible and creative concepts in site planning that will allow an increase in the amount and usability of open space more so than is possible through conventional practices. (5) To provide maximum opportunity for application of innovative concepts of site planning in the creation of aesthetically pleasing living, shopping, working and recreation environments on properties of adequate size, shape and location. (6) To encourage a natural use of land in planning networks of utilities and streets more so than is possible in other zoning districts. (7) To allow for the creation of well-balanced communities that provide active, improved recreational and supportive facilities. (8) To ensure that development will occur according to the limitations of use, design, coverage and phasing as stipulated on the master and final subdivision plans. (Ord. No. 367, § 2, Art. XIV, Part B, § 44.85.1, 5-11-87) Sec. 20-378. Interpretation, purpose and conflict In interpreting and applying the provisions of this division, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare of the community. It is not intended by this division to interfere with, abrogate or annul any lawful easements, covenants, or other agreements between parties; provided however, that where this division imposes a greater restriction upon the use of buildings or premises, or upon the heights of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by lawful easements, covenants or agreements, the provisions of this division shall control. (Ord. No. 367, § 2, Art, XIV, Part B, § 44.85.2, 5-11-87) Sec. 20-379. Permitted uses. The following uses shall be permitted in the PUD district if they are complimentary to and harmonious and compatible with each other and adjacent land uses, and if designated on an approved master and final subdivision plan: (1) Planned residential communities. Residential dwelling units, including but not limited to detached single-family homes, patio homes, apartments, condominiums, and townhouses, provided that all are compatible with each other. Complimentary and compatible supportive commercial land uses, if included must not exceed five (5) percent of the net acreage and must be designed to create an aesthetically pleasing and harmonious environment. (2) Planned commercial centers_ Commercial uses, including but not limited to business services, professional services, personal services, retail sales and services and full service stations (with mechanics). Complimentary and compatible residential and/or industrial land uses, if included, must be designed to create an aesthetically pleasing and harmonious environment. Complimentary and compatible industrial land uses, if included, must not exceed twenty-five (25) percent of the net acreage. http://Iibrary4.municode.com/default-tesvDoeView/12019/1/121/125 4/1/2011 ARTICLE IV. PLANNED UNIT DEVELOPMENTS Page 16 of 26 (3) Planned industrial parks. Light industrial uses not to exceed the intensity of use presently provided for by the City Code. Complimentary and compatible commercial land uses, if included, must be designed to create an aesthetically pleasing and harmonious environment. (4) Other uses. Any other private, public or semipublic uses adequately buffered both in sight and distance from, but complimentary to and compatible and harmonious with, planned residential, commercial and/or industrial development. (5) Public recreational areas and facilities: Public recreational areas and facilities shall be permitted in planned residential and commercial communities and shall hereby be deemed compatible with surrounding residential and neighborhood commercial developments, provided said areas and facilities are located at the southwest corner of the intersection of S.R. 417 and S.R. 434 and adjacent to state owned recreational lands and the area comprises at least twenty (20) acres of land. (Ord. No. 367, § 2, Art. XIV, Part B, § 44.85.3, 5-11-87; Ord, No. 2006-19, § 2, 11-13-06) Sec. 20-380. Site development standards. (a) Site development standards shall be established for PUD's to ensure adequate levels of light and air, to maintain 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 phasing of development, and to protect the public health, safety and general welfare- (b) The applicant shall propose and the planning and zoning board shall recommend to the city commission an overall maximum residential density and height limitations for each dwelling unit type in the proposed PUD. The commission may adopt the recommendation or make such changes or amendments it deems appropriate. Types of residential construction may be intermixed, as long as the adopted overall residential density and height limitation of each type is not exceeded. The criteria. to be used by the commission and planning and zoning board in establishing the residential densities and height limitations shall be as follows: (1) The compatibility with other zoning districts in the vicinity of the subject property 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 recreational uses for the residents. (4) The adequacy and proximity of paved public roads, utilities, services, and facilities required to serve the development. [THIS PAGE INTENTIONALLY LEFT BLANK] (5) Maximum densities for planned residential communities shall be: TABLE INSET: Type Maximum Units per Net Residential Acre Height Single family detached 4.0 2 stories Patio homes 6.0 2 stories Townhouses 8.0 2 stories Condominiumalapartments 10.0 3 stories httpJ/Iibrary4.municode.r-om/default-test/DocView/12019/1/121/125 4/1/2011 ARTICLE IV. PLANNED UNIT DEVELOPMENTS Page 17 of 26 (6) Not exceeding the maximum number of units per net residential acre as shown in the preceding paragraph, densities shall be limited to a maximum increase of two (2) units per acre for each four hundred forty. (440) feet from the edge of any existing, or planned- and approved, abutting or contiguous subdivisions, whether the latter be within the PUD or not. Any increase in density beyond the first four hundred forty (440) fleet shall similarly be limited to two (2) additional units per acre per four hundred forty (440) feet. (c) The applicant shall propose, and the planning and zoning board shall recommend, the maximum allowable floor area ratio for all commercial and -industrial uses within the PUD to the city commission. The commission may adopt the recommendation or make such changes or amendments as it deems appropriate. (d) The following site development standards shall apply unless modified by the city commission, after receiving recommendations from the planning and zoning board, and specifically finding 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 vegetation 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 vegetation and trees shall be in accordance with the appropriate section(s) of chapter 5 of this Code. (2) Landscaping consisting of trees, shrubs, vines, ground covers, and irrigation facilities shall be installed in common areas of residential developments and in special areas of commercial and industrial developments. Special attention should be given to parking areas, refuse storage areas, building setback requirements and separation areas to achieve adequate screening. (3) Common open space, at a rate of not less than fifteen (15) percent of the gross acreage, and recreational facilities shall be provided to adequately serve the residents of the PUD. Recreational facilities to be provided shall be no less than those minimum standards recommended by the current issue of the National Recreation Association. (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 ensure the preservation of its intended use. A mandatory homeowners' association shall ensure the maintenance of such common open space, parks and recreational facilities for a safe, healthy and attractive living environment. (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 construction of the residential structures which they serve. (6) The proposed location and arrangement of structures shall be compatible and harmonious with and complimentary 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 one hundred (100) feet. Structures or buildings located at the perimeter of the PUD shall be set back a distance of at least thirty-five (35) feet. Other minimum setbacks, lot sizes, and lot widths shall be proposed by the applicant, reviewed by the staff and the planning and zoning board, and approved or modified by the city commission. http://library4.municode.com/default-test/DocView/12019/i/121/125 4/1/2011 ARTICLE IV. PLANNED UNIT DEVELOPMENTS Page 18 of 26 (8) Central water systems, sewage systems, areas for the disposal of effluent, stormwater management systems, utility lines and easements shall be provided in accordance with the appropriate sections of chapters 9 and 19 of this Code. (9) Parking and loading requirements shall be based on section 9-276 et seq. Residential off-street parking shall be provided at a minimum ratio of two (2) spaces per one -bedroom unit and two and one-half (2 1/2) spaces per two -or more bedroom units. Public rights -of -way shall not be improved as parking areas. (10) Streets shall be designated and improved in accordance with the appropriate sections of chapter 9 of this Code. Collector and arterial streets shall be free from backing vehicles from adjoining parking areas. (11) Local streets shall provide access within the PUD in a manner 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 arterial routes. (12) Wherever practicable, vehicular and pedestrian 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) For each five hundred (500) dwelling units within the residential PUD a minimum site of twenty (20) usable and contiguous acres shall be dedicated for the purposes of education and/or recreation, at the discretion of the city commission. (14) Commercial, multiple -family structures or buildings and common open spaces located at the perimeter of the PUD shall be permanently screened by a greenbelt or buffer zone. The greenbelt/buffer zone shall be an area at least thirty-five (35) feet in width and of such height and density as to protect the privacy and amenities of the adjacent areas. It may be composed of trees, shrubs, wall or fence or a combination as approved by the city commission. (15) As deemed appropriate, the planning and zoning board may recommend and the city commission may approve the imposition of additional restrictions not herein mentioned to ensure the protection of the public interest (Ord. No. 367, § 2, Art. XIV, Part B, § 44.85.4, 5-11-87) Sec. 20-381. Procedure for approval of a planned unit development. The procedure for obtaining approval of a PUD zoning classification shall be as follows: (1) Pre -application conference. The applicant shall contact the city planner to arrange a meeting with the planning and zoning board, or its designee, in order to review the proposed PUD request prior to formal submittal of such request. (2) Submittal. The applicant shall submit to the city clerk a change of zoning request, the proper application fee, and six (6) copies of the master plan. The application form, one (1) copy of the master 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 planner shall arrange a staff review meeting. The staff shall consist of the city engineer, fire chief, police chief, and such other department heads or consultants deemed necessary by the city manager. It shall be the duty of the staff to review the master plan and submit their written recommendation to the city manager with copies to the planning and zoning board. The applicant shall be invited to attend this http://Iibrary4.municode.com/default-test/DoeView/I2019/1/121/125 4/1/2011 ARTICLE IV. PLANNED UNIT DEVELOPMENTS Page 19 of 26 meeting. (4) Planning and zoning board review. The planning and zoning board shall review the master 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 and advertise a public hearing on the PUD request before the planning and zoning board. (5) Planning and zoning board public hearing. 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 modification, 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 master plan, the staff recommendations and the planning and zoning board recommendations, and then hold a public hearing to consider the request. The commission shall either approve, approve with modifications, or deny the request, stating their reasons for such action. if the request is approved, the property shall, by duly enacted ordinance, be rezoned PUD with master plan approval and shall be so designated on the official zoning map. No permits may be issued at this time- (7) Final subdivision plan, preliminary review. When the applicant is preparing to submit a final subdivision plan, he shall first contact the city planner and arrange to review the proposed plans with the planning 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 and in conformance with the master plan. The review pursuant to chapter 9 must be carried out simultaneously with the review of the final subdivision plan. (8) Submittal. The applicant shall submit to.the city planner nine (9) copies of the final subdivision plan with an application form and fee as the request for final subdivision plan approval. The final subdivision plan may include all or a part of the area included in the master plan. The request and one (1) copy of the final subdivision plan shall be placed in the permanent file at city hall and shall be open to public inspection during normal business hours. (9) Staff review. The city planner shall arrange a staff review meeting. The staff, for the purpose of this paragraph, shall include the land development coordinator, city engineer, fire chief, police chief, and such other department heads or consultants deemed necessary by the city manager. It shall be the duty of the staff to review the final subdivision plan and submit their written comments relative to code compliance to the city manager with copies to the planning and zoning board. The applicant shall be invited to this meeting. (10) Planning and zoning board review. The planning and zoning board shall review the final subdivision plan, and the staff recommendations to ensure compliance with the master plan. The board shall either recommend approval, approval with modifications, or denial of the plan to the city commission, stating their reasons for such action. The applicant shall be invited to this meeting. (11) City commission review. The city commission shall review the final subdivision plan and the comments of the staff and recommendations of the planning and zoning board. The commission shall then either approve, approve with modifications, or deny the request for final subdivision plan approval, stating the factual reasons for such action. (12) Findings. In reviewing the final subdivision plan, the planning and zoning board and the city commission shall make findings of fact upon the following: a. Whether there is compliance with the intent and purpose of the PUD district http://Ubrary4.municode.r,om/default-test/DoeView/12019/l/121/125 4/1/2011 ARTICLE IV. PLANNED UNIT DEVELOPMENTS Page 20 of 26 and the approved master plan. b. Whether the phase of development in question can exist as an independent unit capable of creating a desirable and stable environment that does not adversely affect abutting existing communities. c. Whether existing and proposed utilities and transportation systems are adequate for the proposed population. d. Whether the development in question will be harmonious and compatible with and complimentary to planned and/or existing abutting neighborhoods. Matters of homogeneity to be considered shall include, but not be limited to, density, architecture, landscaping, thoroughfares and lighting. e. As deemed appropriate, the planning and zoning board may recommend and the city commission may approve the imposition of additional restrictions not herein mentioned to ensure the protection of the public interest. (13) Approval of final plans. A final subdivision plan and final engineering plan, pursuant to chapter 9 of this Code, must be approved by the city before final plat approval can be given. (14) Plat recorded. Any parcel that is created must have final plat approval by the city and recorded with the county, before any permits may be issued. (15) Compliance with master plan. The building official, the recreation director and the city engineer shall determine that all common open space and recreational improvements have been provided in accordance with the master plan, prior to the final acceptance of the last building or structure covered by the final subdivision plan. (Ord. No. 367, § 2, Art. XIV, Part B, § 44.85.5, 5-11-87) Sec. 20-382. Master plan. The master plan, consisting of properly identified exhibits and supporting materials, shall clearly indicate the following: (1) The name, location, legal description, acreage and type of PUD. (2) Identification of present owners and developers of all land included in the development and the identification of the principal planners and engineers involved in the preparation of the master plan. Identification shall consist of the name of the individual, organization employing the individual and the address and phone number of the organization. (3) A vicinity map indicating the relationship between the PUD and its surrounding area, including adjacent streets, thoroughfares and developments within a two -hundred -foot radius of the property line at a scale of one (1) inch to one thousand (1,000) feet. (4) The existing land use and zoning of the adjacent property and all contiguous property. (5) The existing topography and other natural features including but not limited to lakes, swamps, and flood -prone areas (USGS and FEMA information acceptable). (6) A soils map derived from the USGS Soil Survey and Soil Survey Supplement of Seminole County indicating the location of existing soil types and a brief description of the development capabilities and water capacities of each soil type. (7) An aerial photo showing existing vegetation will be required at a scale of one (1) inch to two hundred (200) feet. No vegetation shall be altered or eliminated prior to http://Iibrary4.municode.com/default-test/DocView/12019/l/121 /125 4/1/2011 ARTICLE IV. PLANNED UNIT DEVELOPMENTS Page 21 of 26 approval of the final subdivision plan except as permitted by the appropriate section of chapter 9 of this Code. (8) A proposed land use plan of the subject property including but not limited to the following items: a. The location of all streets and highways proposed in the development, and the general location of all access points to abutting arterials and highways. b. Identification of all existing major road setbacks and proposed right-of-way widths. c. Each residential area according to the location, the number and types of permanent dwelling units, the acreage, and the proposed density by number of dwelling units per net residential acre. d. Each commercial or industrial area according to the location, type, acreage, and proposed square footage of impervious surface which shall not exceed sixty- five (65) percent of the total commercial or industrial acreage. e. All public and semipublic uses (schools, common open space, and recreational areas, etc.) according to location, type, acreage and square footage of impervious surface which shall not exceed fifty (50) percent of the total acreage. (9) The proposed maximum height of all buildings and structures. (10) 'The priority and phasing of the development, in map form and narrative form, and the manner in which each phase of the development can exist as an independent unit capable of creating an environment of sustained desirability and stability. Recreational facilities and other development facilities and amenities shall be specifically delineated in this phasing plan. (11) The proposed method of providing all necessary road improvements, water and sanitary sewer services, stormwater management systems, power and communication systems, and fire protection. (12) All exhibits must indicate the title, date of submittal, and dates of any subsequent revisions and be at a graphic scale of one (1) inch per two hundred (200) feet. (13) 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 decision - making process. Failure to submit the requested information will result in denial of the application. (14) A preliminary draft of declarations of covenants, conditions, and restrictions must be submitted including, but not limited to, the following items: a. Articles of incorporation for the home -owners' association. b. Bylaws of the corporation. c. The relationship of the association of the subdivisions to the master PUD association. d. Dues, fees, maintenance of common areas, architectural guidelines, etc. (Ord. No. 367, § 2, Art. XIV, Part B, § 44.85.6, 5-11-87) Sec. 20-383. Final subdivision plan. The final subdivision plan, which shall include all or a part of the master plan, must include http://Iibrary4.municode.com/default-test/DocView/12019/l/l2lfl25 4/1/2011 ARTICLE IV. PLANNED UNIT DEVELOPMENTS Page 22 of 26 those sections of chapter 9 in regard to the preliminary engineering plan and shall include the following: (1) The name, location, legal description, acreage and type of PUD. (2) Identification (name of the individual, the organization employing the individual, the address and phone number of the organization) of the present owners and developers of all land included in the development and identification of all consultants involved in the preparation of the master plan. (3) A vicinity map indicating the relationship between the PUD and its surrounding area, including adjacent streets, thoroughfares and developments within a two -hundred -foot radius of the property line at a scale of one (1) inch to one thousand (1,000) feet. (4) The designated land use, densities prescribed, and present land use for the adjacent and all contiguous properties. (5) The existing topography and other natural features including but not limited to lakes, swamps, and flood -prone areas (USGS and FEMA information acceptable). (6) A soils map derived from the USGS Soil Survey and Soil Surrey Supplement of the county indicating the location of existing soil types and a brief description of the development capabilities and water capacities of each soil type. (7) An aerial photo showing existing vegetation will be required at a scale of one (1) inch to two hundred (200) feet. No vegetation shall be altered or eliminated prior to approval of the final subdivision plan except as permitted by chapter 5. (8) A preliminary subdivision plan (preliminary plat) if the applicant proposes to create three (3) or more parcels. (9) A proposed land use plan of the subject property including but not limited to the following items: a. The name and location of all streets, highways, right-of-way widths, pavement width of proposed streets, easements, pedestrian ways, bicycle paths, and watercourses proposed in the development, and the general location of all access points to abutting arterials and highways. b. Each residential area according to the location, the number and types of permanent dwelling units, the acreage, and the proposed density by number of dwelling units per gross and net residential acre. c. The locations, dimensions and uses of all buildings and structures, other than dwelling units, including proposed property lines, utility plants and permanent signs. d. Each commercial or industrial area according to the location, type, acreage, and proposed square footage of impervious surface. e. Open and covered off-street parking areas, including landscaping and external lighting systems. f. Distance of dwelling units from vehicular accessways and parking areas. g. The design elevations and/or renderings and the proposed maximum height of all proposed buildings and structures; minimum setback and building separations; maximum lot coverage; minimum floor elevation; and height of structures. h. Wall, fencing or landscaping between private and common areas, along streets and highways, drainageways, railroads, and the perimeters of the development. http://Iibrary4.municode.com/default-test/DoeView/12019/l/121/125 4/1/2011 ARTICLE IV. PLANNED UNIT DEVELOPMENTS Page 23 of 26 i. Refuse storage areas and method of solid waste disposal. j. Areas to be conveyed or dedicated and improved for roadways, parks, playgrounds, school sites, utilities, and other similar public or semipublic uses. (10) A specific landscaping and tree planting plan in accordance with chapter 5. The plan shall include the areas of vegetation to be preserved, the proposed method of preservation, and any proposed irrigation systems and landscaping materials. (11) Total acreage and types of open space and recreation areas. (12) Preliminary engineering plans and all land development plans must meet the requirements of chapter 9 for roads, on -and off -site water, fire protection, sanitary sewer, and stormwater management systems including existing ground surfaces and proposed elevations; typical cross -sections of proposed grading, streets and sidewalks, canals and waterways; and proposed types of pavement. (13) Covenants, conditions, restrictions, agreements and grants which govern the use, maintenance and continued protection of buildings, structures, landscaping, common open space, recreational areas and facilities within the development. Such documents shall indicate to the satisfaction of the city commission an acceptable method of ensuring that all obligations and improvements designated in the final subdivision plan can and shall be completed. Bonds, or an escrow account, may be necessary in order to satisfy this requirement. a. The covenants, conditions, restrictions, agreements or grants which govern the use, maintenance, and continued protection of buildings, structures, landscaping, common open space, recreational areas and facilities within the development, shall specifically include a detailed outline of the following: 1. Uses; 2. Building height limitations; 3. Building area limitations; 4. Front, rear and side yard setback criteria; 5. Maximum lot area coverage; 6. Minimum living area; 7. Any other restrictions pertaining to buildings or building placement. Examples of such restrictions are "no garage entrance shall be located on the front street side of dwellings" or "all appurtenant buildings, swimming pools, screen enclosures, or other additions shall be at the rear of and within the area encompassed by a rearward extension of the sidelines of the primary dwelling;" 8. Off-street parking requirements, both enclosed and open, and authorized locations for same. 9. Landscaping and tree preservation in accordance with chapter 5. b. A developer or owner of a PUD as a condition to receive approval of PUD zoning or approval of a final subdivision plan shall agree as a condition thereof that these covenants, conditions, restrictions, agreements, or grants must be enforceable by the city and that the city is the proper party plaintiff to enforce the same in law or equity in any court of competent jurisdiction. In addition, no permits shall be issued for buildings in a PUD that do not conform with the requirements above. http://Iibrary4.municode.com/default-test/DoeView/12019/1/121/125 4/l /2011 ARTICLE IV. PLANNED UNIT DEVELOPMENTS Page 24 of 26 c. In currently approved PUD's the requirements of (13)a, above which are contained in currently listed or subsequently revised covenants, conditions, restrictions, agreements or grants shall be enforceable by the city in law or equity in any court of competent jurisdiction. (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 decision - making process. Failure to submit the requested information will result in the denial of the application. (Ord. No. 367, § 2, Art. XIV, Part B, § 44.85.7, 5-11-87) Sec. 20-384. Final engineering plan approval. After the approval of the final subdivision plan and the preliminary engineering plan, a final engineering plan must be submitted and approved by the city commission in accordance with chapter 9 and all other pertinent ordinances and regulations must be complied with. (Ord. No. 367, § 2, Art. XIV, Part B, § 44.85.8, 5-11-87) Sec. 20-385. Alteration to the master plan. (a) Any request for an alteration, revision or modification to the master plan shall be submitted to the city planner for review by the planning and zoning board. After review and receipt of staff comments, the board may approve, or approve with modifications, a change that is consistent with., (1) The purpose and intent of the PUD district; (2) The concept, land uses, densities and phasing of the approved master plan; (3) Any other pertinent ordinances or regulations. (b) If the planning and zoning board determines 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 planning 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 masons for such action. (c) To protect the public interest, the planning and zoning board may hold a published public hearing in the process of determining whether the alterations, revisions or modifications are consistent with the approved master plan in making a recommendation to the city commission. (Ord. No. 367, § 2, Art. XIV, Part B, § 44,85.9, 5-11-87) Sec. 20-386. Alterations to the final subdivision plan. (a) Any request for an alteration, revision, addition or deletion to the final subdivision plan shall be submitted to the city planner for review by the planning and zoning board. The board shall review the request and make findings of fact as to whether the proposal constitutes a change in the master plan. If so, the request must first be processed according to section 20-385. (b) If the proposed change is determined to be consistent with the master plan, the board shall review the proposal and the staff comments to determine whether or not the proposed change is consistent with the approved final subdivision plan. if the change is substantially consistent with the final subdivision plan, the planning and zoning board may approve, or approve with httpJ/Iibrary4.municode.com/default-tesVDocView/12019/1 /121/125 4/1/2011 ARTICLE IV. PLANNED UNIT DEVELOPMENTS Page 25 of 26 modification, the proposed change. (c) If the proposal is determined not to be substantially consistent with the approved final subdivision plan, the board shall forward to the city commission a recommendation for approval, approval with modifications or denial of the request, stating their reasons for such action. The commission shall then review the proposal and the comments of the staff and the recommendations of the planning and zoning board and either approve, approve with modifications, or deny the request stating their reasons for such action. (Ord. No. 367, § 2, Art. XIV, Part B, § 44.85.10, 5-11-87) Sec. 20-387. Control of development following approval after construction completed. (a) An approved PUD shall be considered to be a separate zoning district, in which the final subdivision plan, or plans as approved, establish the restrictions, regulations, and district description according to which development shall occur. (b) After completion of construction of the area covered by a final subdivision plan, no changes may be made except under the procedures provided below: (1) If any minor extensions, arierations or modifications of existing buildings, structures or utilities are consistent with the purpose and intent of the final subdivision plan they may be authorized by the city commission unless superseded by the declarations, covenants, conditions and restrictions covering the final subdivision plan. (2) Any uses not authorized by the final subdivision plan must be approved in accordance with the provisions of section 20-386. (3) A building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final subdivision plan unless an amendment to the plan is approved in accordance with the provisions of this article. (4) One (1) accessory dwelling unit ancillary to the principal dwelling may be allowed by conditional use, unless prohibited by the declarations, covenants, conditions and restrictions of the homeowner's association. (Ord. No. 367, § 2, Art. XIV, Part B, § 44.85.11, 5-11-87; Ord. No. 2010-08, § 5, 10-25-10) Sec. 20-388. Time restrictions on approval. (a) A master plan shall become null and void if a final subdivision plan, for any subdivision of the PUD, is not submitted for approval within one (1) year of the date of the approval of the master plan. (b) After the applicant has submitted a final subdivision plan for all, or a part of the PUD, the applicant shall, within twelve (12) months of the date of the city commission approval, complete substantial development in accordance with the final subdivision plan. For the purpose of this section, "substantial development" is defined as follows: (1) Where ten (10) acres, or less, are included within the final subdivision plan, one hundred (100) percent of all roads, utilities and drainage facilities plus more than forty (40) percent of all buildings must be completed. (2) Where the final subdivision plan 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 subdivision plan includes twenty-five (25) acres, but less than fifty http://Iibrary4.municode.com/default-tesVDoc V iew/ 12019/l /121 / 125 4/1 /2011 ARTICLE IV. PLANNED UNIT DEVELOPMENTS Page 26 of 26 (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 subdivision plan includes fifty (50) acres or more, forty (40) percent of all roads, utilities and drainage facilities plus at least twenty (20) percent of all buildings must be completed. (c) The final subdivision plan approved and final engineering plan approval shall be declared null and void if substantial development, as specified above, has not been completed within twelve (12) months from the date of city commission approval. (1) A time extension of up to twelve (12) months may be granted, 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. (2) If after an extension granted hereunder, substantial development has not been completed, both the master plan and the final subdivision plan shall be automatically declared null and void, provided however this shall not affect the zoning density of plats recorded thereunder. (d) Any zoning density which has been assigned pursuant to a master or final subdivision plan under this article, which plan subsequently is declared null and void shall not be affected. (Ord. No. 367, § 2, Art. XIV, Part B, § 44.85.12, 5-11-87) Sec. 20-389. Appeal. (a) A decision by the planning and zoning board may be appealed to the city commission. The city commission shall not modify or reverse a decision of the planning and zoning board without first holding an advertised 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, § 2, Art. XIV, Part B, § 44.85.13, 5-11-87) Secs.20-390--20-410. Reserved. http-//Iibrary4.municode.com/default-test/DocView/12019/l/121/125 4/1/2011