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(A) Description of district. The purpose of this district is as follows:
(1) To provide for planned residential communities containing a variety of residential structures and a diversity of building arrangements, with complementary and compatible commercial or industrial uses or both; planned commercial centers with complementary and compatible residential or industrial uses or both; or planned industrial parks with complementary and compatible residential or commercial uses or both, developed in accordance with an approved final development plan.
(2) To allow diversification of uses, structures, and open spaces in a manner compatible with existing and permitted land uses on abutting properties.
(3) To reduce improvement costs through a more efficient use of land and a smaller network of utilities and streets than is possible through the application of other zoning districts.
(4) To insure that development will occur according to the limitations of use, design, density, coverage, and phasing stipulated on an approved final development plan.
(5) To preserve the natural amenities and environmental assets of the land by encouraging the preservation and improvement of scenic and functional open areas.
(6) To encourage an increase in the amount of usable open space areas by permitting a more economical and concentrated use of building areas than would be possible through conventional subdivision practices.
(7) To provide the maximum opportunity for the application of innovative concepts of site planning in the creation of aesthetically pleasing living, shopping, and working environments on properties of adequate size, shape, and location.
(B) Permitted uses. The following uses shall be permitted in the Planned Unit Development District if designated on an approved final development plan.
(1) Planned residential communities: complementary and compatible commercial uses may be included if they are compatibly and harmoniously designed into the total residential community within a Planned Unit Development District.
(2) Planned commercial center: complementary and compatible residential and industrial uses may be included if properly designed into the total commercial center within a Planned Unit Development District.
(3) Planned industrial parks: complementary and compatible residential and commercial uses may be included if properly related to the total industrial park within a Planned Unit Development District.
(4) Any other private, public, or semi-public use complementary to, and compatible with, planned residential, commercial, or industrial developments.
(C) Site development standards.
(1) For properties having a DDD (Downtown Development District) future land use designation, the minimum area for a PUD shall be two acres above the ordinary high water elevation. For all other properties, the minimum area for a PUD shall be five acres above the ordinary high water elevation.
(2) Site development standards shall be established for Planned Unit Developments in order to insure adequate levels of light, air, and density to maintain and enhance locally recognized values of community appearance and design, to promote functional compatibility of uses, to promote the safe and efficient circulation of pedestrian and vehicular traffic, to provide for the orderly phasing of development, and to otherwise protect the public health, environment, safety, and general welfare.
(3) The applicant shall propose, and the Planning and Zoning Board shall recommend, maximum residential densities and maximum height limitations to the City Commission. The Board may adopt the recommendation, or make changes or amendments as it deems proper. Types of residential construction and densities may be intermixed, so long as the gross density conforms to the comprehensive plan.
(4) The criteria for establishing the residential density and height of structures shall include:
(a) Compatibility with other zoning districts in the vicinity of subject property, and with adopted city development plans and policies.
(b) The preservation of natural features and environmental assets of the site.
(c) The provision of landscaped common open spaces for the leisure and recreational use of the occupants.
(d) The adequacy of public roads, utilities, public services, and facilities required to serve the development.
(e) For residential development, the Planned Unit Development shall not exceed the density of the Future Land Use (FLU) designation of the subject property.
1. For the purposes of the Planned unit Development, the net residential acreage shall include all land above the 100- year flood plain that is devoted to one particular residential use and its accessory recreational uses.
2. The net residential acreage does not include general development circulation, major recreation areas, or retention areas.
(5) For nonresidential development, the Planned Unit Development shall comply with the maximum impervious ratio or other measure of intensity allowed for the future land use designation of the subject property, in accordance with the City of Lake Mary Comprehensive Plan.
(6) The following site development standards shall apply, unless specifically waived by finding of the Planning and Zoning Board and the City Commission that the unique characteristics of the development in question make unnecessary the application of one or more of these provisions in order to carry out the intent and purposes of the Planned Unit Development District:
(a) The natural topography, soils, and vegetation should be preserved and utilized, where possible, through the careful location and design of circulation ways, buildings and structures, parking areas, recreation areas, open space, and drainage facilities.
(b) Landscaping shall conform to Chapter 157 unless the final development plan is otherwise approved.
(c) Open space and recreation space shall be provided and should be adequate in size and location to serve the residents of the planned unit development.
(d) The proposed location and arrangement of structures should not be detrimental to existing or prospective adjacent land uses, or to the existing or prospective development of the neighborhood. Established minimum floor elevations shall be observed. Lighting, access points, or activities resulting in high noise levels, which adversely affect abutting property, shall be prohibited.
(e) Streets to be dedicated to the public shall be designed and improved in accordance with Chapter 155, Appendix A.
1. Streets and driveways shall be constructed in accordance with adopted road construction specifications, and designed to provide for the free movement and safety of vehicular traffic, and to provide safe, efficient, and convenient access to land uses within the development and to roadways adjacent to the development.
2. The local, collector, and arterial street system must provide adequate access to the development, and properly accommodate traffic generated by the development.
3. 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 serving each group of units. Local streets shall be so located that future urban development will not require their conversion to arterial routes.
4. Collector and arterial streets shall be free of backing movements from adjoining parking areas.
(f) Parking and loading facilities requirements for residential, commercial, and industrial uses shall be based on Appendix B of Chapter 155. Entrances to parking areas shall be easily accessible and identifiable from local streets and drives, and shall not interfere with traffic movement on adjoining streets. Public rights-of-way shall not be improved as parking areas. Grassed parking areas may be permitted where frequency of use does not destroy ground cover.
(g) Wherever practical, vehicular and pedestrian passageways shall be separated. A system of walkways and bicycle paths between buildings, common open spaces, recreation areas, community facilities, and parking areas shall be distinctively designed and adequately lighted where appropriate for nighttime use.
(h) Central water systems, sewerage systems, storm water management systems, utility lines, and easements shall be provided in accordance with the appropriate regulations.
(i) All land shown on the final development plan as common open space, private parks, and recreation facilities shall be subject to deed restrictions which insure the payment of future taxes and the maintenance of areas and facilities for a safe, healthful, and attractive living environment.
(D) Approval procedure. The procedure for obtaining approval of a Planned Unit Development shall be a two-step process as follows:
(1) Step 1.
(a) The applicant shall meet with staff in a preapplication conference. The purpose of the preapplication conference is for both staff and the applicant to review the proposed PUD and discuss the review process.
(b) The applicant shall submit the required number of copies of a preliminary development plan, supporting material, and fees as prescribed by the City Commission. Staff shall schedule the Preliminary PUD for a meeting with the Development Review Committee.
(c) The Development Review Committee shall meet on the proposed preliminary development plan, and make a written recommendation to the Planning and Zoning Board. A copy of the recommendation shall be sent to the applicant prior to the review scheduled by the Planning and Zoning Board.
(d) Upon receipt of the written recommendation, the Planning and Zoning Board shall review the application, hold a public hearing in accordance with the provisions of this chapter, and submit its recommendation to the City Commission for official action.
(2) Step 2.
(a) The applicant shall submit the required number of copies of a final development plan, supporting materials, fees as prescribed by the City Commission, and a preliminary subdivision plat if required. The final development plan may cover all or a portion of the approved preliminary development plan. The applicant shall schedule a meeting with the Development Review Committee.
(b) The Development Review Committee shall review the final development plan and submit a written recommendation to the City Commission. A copy of the recommendation shall be sent to the applicant prior to the review scheduled by the City Commission.
(c) The City Commission shall review the final development plan at a regularly scheduled public meeting. If two or more parcels are proposed to be created, the property shall be platted under the subdivision regulations in Chapter 155. Review under the subdivision regulations may be carried out simultaneously with, or subsequent to, review of the final development plan. It is recommended that the applicant concurrently file the final development plan and the preliminary plat.
(d) The City Commission shall find the following:
1. That there is substantial compliance with the purpose of the Planned Unit Development District and the preliminary development plan.
2. That the phase of development in question can exist as an independent unit capable of creating an environment of substantial desirability and stability.
3. That existing or proposed utility services and transportation systems are adequate for the population densities proposed.
4. That the preliminary engineering plans as required by the City Engineer have been approved.
(e) The Community Development Director shall approve all land use permits for buildings and structures in the area covered by the approved final development plan if they are in conformity with the approved plan and with all other applicable ordinances and regulations.
(f) The Community Development Director shall determine that all open space improvements have been provided in accordance with the approved final development plan prior to final acceptance of the last building or structure covered by the approved final development plan.
(E) 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) The existing land use and the proposed development by phase of construction, identifying for each phase and for the total development the proposed use, the number of permanent or transient dwelling units or the floor area of commercial or industrial use, the gross density, and the density by number of dwelling units per net residential acre, for each residential category and area, or the ratio of commercial or industrial floor area to the gross acreage reserved for those uses.
(3) The existing topography and other natural features including lakes, marshes or swamps, water courses (U.S. Geological Survey map acceptable), and soils, and a general description of the vegetation.
(4) The maximum height of buildings and structures requested.
(5) The priority and phasing of the development and the manner in which each phase of development can exist as an independent unit capable of creating an environment of sustained desirability and stability.
(6) The location of collector and arterial streets and highways proposed in the development, the general location of access points to abutting arterial streets and highways, and projected traffic generation.
(7) The proposed method of providing for all necessary road improvements, sewerage systems, water supply, storm water management systems, and fire protection.
(8) The proposed location of public uses, schools, open space, and recreation spaces.
(9) Identification of the present ownership and the developers of all land included in the development.
(10) Identification of consultants involved in plan preparation.
(F) Final development plan. The final development plan, consisting of properly identified exhibits and supporting materials, shall contain not less than 30% engineering details and shall include the following:
(1) The preliminary subdivision plan, if the applicant proposes to create two or more parcels.
(2) A location map showing the relationship between the area proposed for the development, the remainder of the area within the approved preliminary development plan, and the surrounding area.
(3) The legal description and gross acreage of the area submitted for final approval.
(4) A plot plan with scale dimensions.
(5) The name, location, width, and design of existing streets, including abutting arterial highways, within 200 feet of the property in question.
(6) The names, locations, right-of-way widths, and width of pavements of proposed streets, easements, pedestrian ways, bicycle paths, and water courses.
(7) The locations, dimensions, design elevations or renderings, and uses of all buildings and structures, including proposed property lines, utilities, plants, and permanent signs.
(8) The proposed use; the number of permanent or transient dwelling units, or the floor area of commercial or industrial use; the gross density; the density by number of dwelling units per net residential acre, or commercial or industrial floor area ratio; the setbacks and building separations; the maximum lot coverage; and the height of structures.
(9) The open space, recreation space, and private outdoor living area.
(10) A landscaping and tree planting plan.
(11) The open and covered off-street parking areas, indicating landscaping and external lighting systems.
(12) The distance of dwelling units from vehicular accessways and parking areas.
(13) The walls, fencing, or landscaping, where required, between private and common areas, along streets or highways, drainage ways, railroads, and along the periphery of the development.
(14) Any refuse storage areas and methods of solid waste disposal.
(15) The treatment of street lighting, external lighting, and roof-mounted equipment.
(16) The preliminary engineering plans for the provision of roads, water, fire protection, sewerage, and storm water management systems for the entire planned development.
(17) An environmental impact report.
(18) Any covenants, conditions, restrictions, agreements, and grants which govern the use, maintenance, and continued protection of buildings, structures, and landscaping within the Planned Unit Development.
(19) Any areas to be conveyed or dedicated, and improved for roadways, parks, parkways, playgrounds, school sites, utilities, public buildings, and other similar public and public service uses. Improvement bonds for facilities to be owned and maintained by the city shall be posted before the issuance of building permits. Before final acceptance of the Planned Unit Development as outlined in division (H) below, all instruments of dedication shall be submitted and accepted.
(20) The identification of the present ownership, and the developers of all land included in the development.
(21) The identification of consultants involved in plan preparation.
(G) Alterations to preliminary or final development plans.
(1) Substantial proposed changes in requested uses, densities, phasing, or other specifications of the preliminary development plan may be permitted only following public hearing by the Planning and Zoning Board.
(2) Substantial proposed changes in requested uses, density, phasing, or other specifications of the final development plan may be permitted following review by the Development Review Committee and approval by the City Commission.
(H) Control of development following completion.
(1) Upon the completion of the final development plan or any phase thereof, the Community Development Director shall certify the completion on the official zoning map.
(2) After that certification, the use of land and the construction, modification, or alteration of any buildings or structures within the planned development will be in accordance with the approved final development plan, rather than with other provisions of the zoning regulations.
(3) After certification, no changes may be made in the approved final development plan except under the procedures provided below:
(a) 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 Community Development Director.
(b) Any uses not authorized by the final development plan may be added to the final development plan if approved by the City Commission, which shall hold a public hearing.
(c) 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 final development plan is approved under the provisions of this chapter.
(I) Approval expiration.
(1) If a final development plan for all or part of the preliminary development plan has not been submitted within 12 months following the approval of the preliminary development plan, the City Commission may review the preliminary development plan and changing conditions, and determine whether the approved uses are still appropriate. Following this review, the City Commission may take the following action:
(a) If there have been no significant changes in the surrounding area, the City Commission may extend the approval for another 12 months.
(b) If significant changes have occurred in the area that make the approved uses inappropriate, the City Commission may, after formal public hearing and recommendations of the Planning and Zoning Board:
1. Revise the preliminary development plan; or
2. Change the zoning classification to a more appropriate district.
(2) Actual construction must begin on an approved final development plan within 12 months of approval. If actual construction has not begun, the final development plan must be re-submitted for review in accordance with division (D)(2) above, before any building permits shall be issued.
(Ord. 241, passed 11-27-85; Am. Ord. 581, passed 1-16-92; Am. Ord. 1213, passed 9-21-06; Am. Ord. 1443, passed 10-20-11) Penalty, see § 154.999