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HomeMy WebLinkAboutOrdinance 715Em 0, /%4a0,1-;7 S— r 6 go [ORDINANCE NO. CITY OF OCOEE, FLORIDA AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING ORDINANCE NUMBER 710, THE GENERAL ZONING ORDINANCE OF SAID CITY, BY ADDING THERETO A SECTION NUMBERED 13, ESTABLISHING A ZONING CATEGORY FOR PLANNED DEVELOPMENTS, DEFINING THE SAME, ESTABLISHING PERMITTED USES WITHIN SUCH DISTRICTS, ESTABLISHING DEVELOPMENT STANDARDS AND PROCEDURES WITHIN SUCH DISTRICTS, PROVIDING FOR ENFORCEMENT OF SUCH STANDARDS AND PROCEDURES AND PRO- VIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF OCOEE, FLORIDA: Section 1. Ordinance Number 710, the general zoning ordinance lof the City of Ocoee is hereby amended by adding thereto another Isection to read as follows: "SECTION 13 PLANNED DEVELOPMENT DISTRICT 13.1 INTENT AND PURPOSE It is the purpose of this Section to permit Planned Developments which are intended to encourage the development of land as planned communities; encourage flexible and creative concepts of site planning; pre- serve the natural amenities of the land by encouraging scenic and functional open areas; accomplish a more desirable environment than would be possible through the strict application of the minimum requirements of conventional zoning districts; provide for an efficient use of land resulting in smaller networks of utilities and streets and thereby lowering development and housing costs; provide a stable environmental character compatible with surrounding areas; and provide the City of Ocoee with adequate development controls to assure the proposed development proceeds in an orderly manner and conforms with these stated objectives. 13.2 PERMITTED USES The uses permitted within this District shall include the following: 1. Residential units including single family attached and detached dwellings and all forms of multi- family housing. 2. Churches, schools, community or club buildings and similar public and semi-public facilities. 3. Non-residential uses, including commercial or retail uses, offices, clinics and professional uses, provided the following criteria are met: A. The location of non-residential uses are in appropriate relation to other land uses both within the Planned Development and adjacent thereto. B. The proposed non-residential uses are designed to serve primarily the residential use within the Planned Development. C. The non-residential uses do not utilize more than five (5) percent of the gross acreage of the development. D. No non-residential use shall be built or estab- lished prior to beginning construction of the residential buildings or uses it is intended to serve. 0 13.3 DEFINITIONS In addition to the definitions contained in the Zoning Regulations Definitions Chapter VI the following terms, phrases, words and derivations shall have the following meaning: 1. Common Open Space: An area of land, or an area of water, or combination of land and water within a Planned Development which is intended for the use of residents of the Planned Development. Common open space may contain such structures and improvements as are appropriate. 2. Density: The total number of dwelling units divided by the gross acreage of the Planned Development. 3. Final Master Plan: The specific plan for the Planned Development which shall include such information as required by this Section. 4. Preliminary Master Plan: The specific plan for the Planned Development which shall include such information as required by this Section. 5. Site Plan: An illustration of the details of development of areas which are not platted into single family residential lots. 6. Gross Acreage: The total number of acres within the perimeter boundaries of a Planned Development. 7. Living Area: The interior air condition living area exclusive of porches, carports or patios. 13.4 PLANNED DEVELOPMENT APPROVAL PROCEDURE Approval for a Planned Development is obtained through a two-step process. The first step is an approval of the Preliminary Master Plan and zoning of the land. The second step consists of Final Master Plan_approval along with the approval of the Developer's Commitment Agreement. Prior to formally submitting a request for Planned Develop- ment zoning, the developer is encouraged to meet with City officials for comments regarding the advisability of under- taking a Planned Development in the proposed location. Notices of public hearings in connection with Planned Development shall include a description of the type of intended development. 13.5 PLANNED DEVELOPMENT ZONING AND PRELIMINARY MASTER PLAN APPROVAL The applicant shall submit a request for change of zoning Preliminary Master Plan containing the following exhibits: 1. A vicinity map showing the location of the Planned Development, relationship to surrounding streets and throughfares, existing land use on the site and surrounding areas within five hundred (500) feet. 2. A legal description of the property. 3. A topographic survey including flood -prone delineations. The U.S.G.S. Topographic Survey and U.S.G.S. Flood Prone Mapping may be utilized. 4. A soils survey which may be based on the Orange County Soils Survey. 5. A master plan with topography which clearly identifies proposed land uses, open space, and the proposed location of major streets, recreation areas and other major facilities. 6. A diagram illustrating the phasing of development together with a development schedule. -2- • • 7. A table showing acreage for each category of land use including roads, open space, and recreations, and a table of proposed densities for each residential parcel 8. A statement on how sanitary sewers, storm drainage, potable water supply and water supplies for fire protection will be supplied, including a definitive statement regarding the disposal of sewage effluent and storm water drainage. 9. A statement indicating what legal instruments will be created providing for the management of common areas and facilities. 10. A statement with general information regarding provisions for fire protection. 11. An analysis of the impact of the proposed project on roads, schools, utilities, and other public facilities. 12. Identification of the present ownership and the developers of all land included in the development and the consultants involved in plan preparation. The Planning and Zoning Commission and the City Commission shall review the exhibits presented and consider rezoning in the same manner that any rezoning request is processed except that when zoning is tied to annexation. It shall be the responsibility of the City Commission alone to consider and approve the annexation and zoning when simultaneous approvals are requested. After rezoning, the right to develox shall be contingent upon compliance with all procedures defined in this Section. The City Commission may, as deemed appropriate, impose additional restrictions not herein mentioned to protect the public interest. 13.6 FINAL MASTER PLAN APPROVAL The applicant shall submit, within twelve (12) months from the date of Preliminary Master Plan approval, a Final Master Plan convering all land areas of the approved Preliminary Master Plan. Failure to present the Final Master Plan within the required time period may, at the direction of the City Commission, result in a review to determine the appropriateness of the existing zoning classification and Preliminary Master Plan. The Final baster Plan shall include the following exhibits: 1. A boundary survey of the property. 2. A topographic map drawn to an appropriate scale by a registered surveyor and/or engineer showing: A. The location of existing right-of-way lines and pavement widths, buildings, water courses, transmission lines, sewers, bridges, culverts, drain pipes, water mains, fire hydrants and any public utility easements. B. Physical conditions of the site. C. Existing contours shown at a contour interval of one (1) foot. 3. A Master Land Use Plan drawn at a scale of one hundred (100) feet to one (1) inch, or other appropriate scale showing: A. Proposed major streets and other vehicular and pedestrian circulation systems. B. Specific delineation of each residential use by type, including location, acreage, density, number of units, and a parcel designation. -3- • C. The use, size and location of each proposed non-residential land use area. D. Specific delineation, use, location, and size of each common open space and public or semi- public area. 4. A phasing plan indicating the number of units and acreage in each phase; together with a chart indicating open space and recreation facilities to be provided with the development of each phase. 5. A Development Plan including: A. An earthmoving plan indicating proposed terrain alterations and any proposed alterations in the Flood Prone areas. B. A soils map and report. Depth of all muck and peat areas shall be identified. 6. A Transportation Plan including: A. The layout of roads in the project, along with all traffic controls, right-of-way, and typical cross sections. B. The layout of bikeways and pedestrian ways with typical cross sections. C. An analysis of the area traffic impact. D. A detail of high traffic flow areas such as entrance ways. E. An indication if any private streets are to be included and a program to maintain any private streets. 7. A Utility Service Plan including: A. Location, size, and specific delineation of sewage treatment plants and/or water plants. B. Existing drainage and sewer lines. C. The disposition of sanitary waste and storm water to include ultimate discharge or disposal. D. The source of potable water. E. Location and width of all major utility easements or rights-of-way. F. In some cases, it may be necessary to show plans for the special disposition of storm water when it appears that said drainage could substantially harm a body of surface water. 8. A Fire Protection Plan including: A. Water main size, type of pipe material, hydrant spacing, water plant pumping and storage capacities, minimum daily consumption (calculated) fire flow estimates. B. A statement of adequacy of fire protection service. 9. A Landscaping Plan showing: A. Landscaped areas including plantings, berms, fences, and buffers. B. Location, height and material for walks, fences, walkways and other man-made landscape features. -4- 0 r� 10. A Recreation Concept Plan including the location of major facilities by type and areas by use. A time table for construction by development phase shall also be provided. 11. A description of the street lighting system and method of financing same. 12. A description of the structure, organization and financing of a Home Owners Association if one is to be provided. 13. The substance of covenants, grants, easements, dedications, or other restrictions to be imposed on the use of the land, buildings, and structures, includ- ing proposed easements for public and private utilities. 14. A completed Developer's Commitment Agreement signed by the Developer. 15. A written justification of any changes from the approved Preliminary Master Plan. The City Commission shall review the Final Master 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 Regulation. Review of the preliminary plat submission as required under the Subdivision Regulation may be carried out simultaneous with, or subsequent to, review of the Final Master Plan. The City Commission may approve, approve subject to additional restrictions, or require additional submittals prior to approval. The.City Commission shall not approve any Final Master Plan until all required information has been submitted and is found to be satisfactory. 13.7 PLAT OR SITE PLAN APPROVAL FOR EACH PHASE After approval of the Final Master Plan the developer must submit either a preliminary or final plat or must submit a site plan for all areas where structures or roads are to be constructed. After review and final approval of either the final plat or site plan, the developer may request building permits for the approved phase. Plats or site plans may be submitted for only those phase, phases or portion of a phase that will be developed immediately. The developer, at his option, may submit a preliminary plat or final site plan for a portion of the project or the entire project along with the final development plan. This additional submission shall meet all subdivision regulation and site plan requirements except for approved changes contained in the Developer's Commitment Agreement and will be reviewed concurrently with the Final Development Plan. The site plan submitted shall conform to the requirements of Chapter III, Section 12 of this ordinance. The site plan shall be reviewed by the City staff and submitted to the City Commission for approval at a regularly scheduled meeting. 13.8 REVISION OF FINAL MASTER PLAN Any major or substantial change which affects the intent and character of the development, land use pattern, or similar substantial changes must be approved by the City Commission. If the requested changes are deemed to have a substantial effect on adjacent property owners, residents of the PD, or the general public the City Commission shall cause a public hearing to be held prior to official action. A request for a revision of the Final Master Plan shall be supported by a written statement demonstrating the reasons the revisions are necessary or desirable. Minor changes which do no affect the intent or character of the develop- ment or do not increase density may be approved by the City Administrator. -5- • 13.9 DEVIATION FROM THE FINAL MASTER PLAN Any unapproved deviation from the accepted Final Master Plan shall cause the City Commission to immediately revoke the Final Master Plan approval and stop issuance of building permits within the project until such time as the deviations are corrected or revisions are approved by the City Commission. 13.10 MUNICIPAL REVIEW The City shall retain the necessary technical assistance to fully review the proposed PD. The developer shall deposit a sum of money the City deems necessary to pay for the cost of technical review. Prior to the adoption of the Planned Development and Preliminary Master Plan, a technical review shall be completed and made a part of the record of the public hearing. 13.11 DEVELOPMENT STANDARDS FOR PLANNED DEVELOPMENT Standards for the design, subdivision, and improvement within planned developments shall be the same as those specified by the subdivision regulations, land use plan, zoning ordinance, and other appropriate land development regulations unless the City specifically authorizes less restrictive standards as reflected in the Developer's Commitment Agreement. The development standards for Planned Development are as follows: 1. Relation to Zoning Districts - An approved PD shall be considered to be a separate zoning district in which the Final Master Plan, as approved, establishes the restrictions, regulations and district description according to which the development shall occur. Upon approval, the official Zoning Map will be changed to indicate the area as PD and the Final Master Plan, phasing schedule and Developer's Commitment Agent, as approved by the City Commission shall be filed with the City Clerk and a copy to the Building Official. 2. Density - The density based on gross acreage in each PD development shall be established by the City Commission and shall be incorporated in the Preliminary and Final Master Plan Approvals. 3. Dimensional, Bulk and Height Restrictions - The location of all proposed building sites as shown on the Final Plat or Site Plan shall be subject to the minimum lot sizes, setback lines, lot coverage or floor area, specified in the Developer's Commitment Agreement and shall be shown on the Final Master Plan as approved by the City Commission. No buildings shall exceed thirty- five (35') feet in height. 4. OPEN SPACE - At least twenty-five (25%) per cent of the area covered by a Final Master Plan shall be usable open space and recreation areas dedicated to a home owners association or similar group, or the City sub- ject to its acceptance. Each phase of development must contain at least twenty-five (25) per cent open space. 5. Minimum Living Area - The minimum living area permitted in any Planned Development shall be 600 square feet." Section 2. This Ordinance shall become effective immediately upon passage by the City Commission ENACTED THIS -^ DAY ATTEST: CITY6CLERK ■"Q of the City of Ocoee, Florida. OF � /'laei r V _1980. CITY OF OCOEE, FLORIDA AY