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O-084-C . . CODE ORDINANCES N~ 255- ORDINANCE NO. 84-C AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, REPEALING SECTION 26-68 OF THE CODE OF ORDINANCES AND SUBSTITUTING THEREFORE THE PROVISIONS OF THIS ORDINANCE, PERMITTING AND REGULATING PLANNED UNIT DEVELOPMENTS, AND ESTABLISHING THE PROCEDURE FOR SECURING APPROVAL THEREOF: AMENDING SUB-SECTION (F) OF SECTION 26-19 OF THE CODE OF ORDINANCES TO ALLOW PLANNED UNIT DEVELOPMENTS AS A CONDITIONAL USE IN R1AA ZONING DISTRICTS: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION BY POSTING THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT: SECTION 1. Section 26-68 of the Code of Ordinances of the City of Clermont is hereby repea 1 ed . SECTION 2. The Code of Ordinances of Clermont, Florida, is hereby amended by adding a Section, to be numbered 26-68, which said Section reads as follows: (A) Intent Within zoning districts now existing or which may hereafter be created, it is intended to permit as a Conditional Use, on application and on approval of site, use and building plans, creation of new Planned Unit Developments (PUD) for flexible comprehensive development purposes where tracts suitable in location and character for the uses and structures proposed are to be planned and developed as units. Suitability of such tracts for the plans and development proposed for the PUD shall be determined by the City Council upon reference to the comprehensive plan, applicable development plans which have been adopted, and the existing and prospective character of the surrounding development. Regulations for such unified planning and development are intended to accomplish the purposes of zoning and other applicable regulations to an equivalent or greater degree as in instances in which regulations are intended to control development on a lot-by-lot rather than a unified basis, to promote economical and efficient land use, an improved level of amenities, appropriate and harmonious variety in physical development, creative design, and a better urban environment. Flexibility in the arrangement of structures, open space, and the pedestrian and vehicular circulation pattern is permitted in order to encourage the best utilization of the land on which the development is being constructed. In view of the substantial public advantages of planned unit developments, it is the intent of this Section to promote and encourage development in this form where appropriate in location and character. (b) Definition of Planned Unit Development For the purposes of this Ordinance, a planned unit development is: (1) Land under unified control for development purposes, planned and developed as a whole, in a single development operation or a grog rammed series of development operations, including lands, buildings, structures, and densities. . . CODE ORDINANCES ORDINANCE NO. 84-C N~ 256 (2) According to comprehensive and detailed plans satisfactory to the City Council, which may include plans detailing streets, utilities, lot or building sites, landscaping, and the like, and also site plans, floor plans and e~evations for all buildings as intended to be located, constructed, used and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings. (3) With approval by the City Council as to: (a) Concept, uses, density, location, open space relating to comprehensive and detailed plans. (b) Streets, utilities, lot or building sites, site plans, open space areas and elevations for all buildings as intended to be located, constructed, used in relation to each other, and detailed plans for other uses and improvements on the land as related to the buildings. (c) A program for provision, operation and maintenance of such areas, improvements, facilities and services as will be for common use by some or all of the occupants of the PUD, but will not be pr'ovi ded, opera ted or ma i nta:i.ned: at general public expense. (C) Planned Unit Development: Where Permitted (1) Planned Unit Development may hereafter be established in existing zoning districts, or over a combined area of several zoning districts, or such districts as may be determined by the City Council pursuant to a PUD application, where tracts suitable in location and character for the uses and structures proposed are to be planned and developed as a PUD, according to the requirements and procedures set forth in this Section. In considering a PUD among the ,criteria to be used shall be the location and nature of the PUD with respect to intended funct- ions and the pattern of development existing or proposed in the general plan, or other officially adopted plans, and to public and private facilities and services, existing or clearly to be available by the time development reaches the stage where they will be required. (2) The location of the Planned Unit Development shall be designated on the zoning map by the designation "PUD" followed by the proper designation of the existing zoning district or districts. Examples are: PUD-R-1A, PUD-R-1, PUD-R-2. (D) Standards for PUD'S In reaching recommendations and decisions on the granting of a Conditional Use Permit, the following standards shall be used: (1) Location (a) Relation to major transportation facilities The criteria to be considered for location of a PUD is its location with respect to local streets, collector streets, minor arterials or major arterials, other transportation facilities, or the creation thereof, so . . CODE ORDINANCES ORDINANCE NO. 84-C N~ 257 as to provide direct access to such districts thereby minimizing the creation or generation of traffic along local and collector streets in residential neighborhoods or other districts outside the PUD. (b) Relation to public utilities, facilities and services The criteria to be considered in the location of a PUD in relation to sanitary sewers, water lines, storm and surface drainage systems and other utilities, systems and installa- tions is such information as will allow the determination as to whether the extension or enlargement of such systems in manner, form, character, location, degree, scale or timing, may result in higher net public cost or earlier incursion of public cost than would development in forms generally permitted under existing zoning for the area. Such PUD districts shall be so located with respect to necessary public facilities as to have access to such facilities in the same degree as would development permitted under existing zoning, and shall be so located, designed and scaled that access for public services is equivalent to, and net costs for such services is not greater than, access and net costs for public services for development as permitted under existing zoning. A further criteria is the applicant's agreement to (1) provide adequate and appropriate facilities, utilities or services approved by the City Council to meet the needs arising out of the PUD, and assure their satisfactory continuing operation permanently or until appropriate public utilities, facilities or services areCavai1ab1e and used, or (2) make provisions acceptable to the City Council if required for off-setting any added net public cost or early committment of public funds made necessary by such development. Expenses involved in making such determinations as may be required in establishing the foregoing information shall be paid by the applicants. Final determination of these matters shall be made by the City Council. (c) Physical character of the site; relation to surrounding property The site shall be suitable for development in the manner as approved under the Southern Standard Building Code and the applicable State, County and City laws. The natural topography, soils, natural vegetation and surface water should be preserved and utilized through the careful location and design of circulation ways, buildings and structures, parking areas, recreation areas, open space and drainage facilities. Buildings and recreation areas should be situated to take full advantage of natural air flow, sun angle and views. (2) Minimum Area It is the intent of this Section to encourage the assembly of land into larger parcels in order to achieve a better urban environment. To qualify for a Planned Unit Development applica- tion, a tract of land shall possess not less than three (3) acres. Applications for areas of less than three (3) acres . . CODE ORDINANCES ORDINANCE NO. 84-C N~ 258 may be submitted for approval, where the area is uniquely distinguished from the surrounding area. The approval of an application for an area less than three (3) acres shall be based on the area's uniqueness and suitability for a Planned Unit Development by virtue of its historical character, topography, ecological, natural or other unusual features. (3) Uses, Density, Open Space, Living Area per family and other Regulations Within a Planned Unit Development, any principal and accessory use, density, open space, living area per family and other regulations is permitted which is already permitted in the existing zoning district or districts or PUD districts as may be determined by the City Council pursuant to a PUD application, in which such Planned Unit Development is located. The arrange- ment and location of the permitted principal and accessary uses shall not be subject to the existing zoning regulations, but shall be subject' to the approval of the City Council. Deviations from the permitted principal and accessory uses, density, open space, living area per family and other regulations, may be granted upon approval of the PUD Conditional Use application by the City Council. Criteria to be considered by the City Council for approval of deviations as described above may include but are not limited to: (a) private renewal and redevelopment that creates a better urban environment through the assembly of land, (b) providing of public usable open space through the provision of plazas, parks, and walkways, (c) clearance of obsolete, blighted or undesirable building and/or uses, (d) dedication of waterfront protection and ',enhancement of views for the public, especially 1akefront and riverfont, (f) preservation of historical structures and/or areas, (g) provisions of parks or other landscaping which will enhance the environment, and (h) other public benefits. (E) Procedures for Securing Approval of A Planned Unit Development (1) Preapp1ication Procedure (Optional) (a) Before any preliminary work is prepared the developer should become familiar with the regulations and requirements .fD"'a Planned Unit Development in order to avoid heavy expenditures of time, effort and money, only to find that unnecessarily costly changes are required by the City Council to make the plans conform to its requirements. (b) The "pre-app1 ication conference"" is designed to afford the developer an opportunity to avail himself of the advice and assistance of the appropriate city officials regarding the proposed project before he makes formal application. No statement or representation made prior to the official review shall be binding on the Planning and Zoning Commission or the City Council. (c) The developer should prepare or have prepared a sketch plan showing the boundaries of the property to be developed. He should also have any physcica1 information readily available. The sketch plan need not be any particular scale or drawn on any special material or meeting any other specifications. . , . CODE ORDINANCES ORDINANCE No. 84-C N~ 259 (2) Application for PUD An applicant applying for PUD shall submit an application for a Conditional Use Permit in accordance with the provisions of Section 26-87 of this Ordinance. The application shall be accompanied by the following documents and information. (a) The evidence of unified control of the proposed PUD to effectuate the proposed plan including a statement of all the ownership and beneficial interest in the tract of land and the proposed development. (b) A survey of tract to be developed showing existing features of the property including streets, alleys, easements, utility lines, existing land use, general topography and physical features. (c) Site development plans containing: (1) The title of the project and names of the professional project planner and the developer, (2) scale, date, north arrow, (3) location and arrangement of all existing and proposed structures, (4) proposed traffic circulation pattern within the development, (5) areas to be developed for parking, (6) the points of ingress and egress, (7) the relationship of abutting land uses and zoning districts, (8) proposed lots and blocks, if any, (9) locations of different uses proposed by dwelling types, open space, recreational facilities, commercial uses, other permitted uses, and off-street parking,(lID) a statement of anticipated residential density or other commercial or industrial uses (when applicable, the proposed total gross floor area, and the percentages of the development to be occupied by structures, (11) where required by law or by the City Council, reports or studies prepared by iryterested agencies such as the Lake County Pollution Control Board, (12) preliminary drawings of proposed structures and landscaping. (d) When a Planned Unit Development is to be constructed in stages, a schedule of development shall be submitted. No such stage shall have residential density that exceeds the proposed density of the entire Planned Unit Development. When a Planned Unit Development provides for common'open space provided at any stage of development shall, at a minimum bear the same relationship to the total open space to be provided in the entire development. (e) When it deems necessary; (1) The Planning and Zoning Commission or the City Council may require a traffic survey setting out and analyzing the effect that the PUD will have on traffic in the streets adjacent to and in the vicinity of the proposed Planned Unit Development. (2) The City Council may require an economic feasibility study. . e CODE ORDINANCES ORDINANCE NO. 84-C N~ . 260 (f) When a PUD includes commón open space or recreational facilities, a statement describing the provisions for the care and maintenance of such open space or recreational facilities must be made. Satisfactory provisions shall be made to assure that non-public areas and facilities for the common use of occupants of the PUD, but not in individual ownership of such occupants, shall be maintained in satisfactory manner without expense to the taxpayers of the City of Clermont. Such may be provided by the incorporation of an automatic membership home association for the purpose of continuously holding title to such non-public areas and facilities, and levying assessments against each individual owner, whether improved or not, for the purpose of paying the taxes and maintaining such non-public areas and facilities, which may include, but not be limited to, recreational areas, off- street parking areas, walkways, lighting and common and landscaped areas. Such assessments shall be a lien superior to all others including, but not limited to, mortgage liens, save and except tax liens. Other methods may be acceptable if the same positively provide for the proper and continuous payment of taxes and maintenance without expense to the taxpayers of the City of Clermont. The instrument incorporating such provisions ahll be approved by the City Attorney as to form and legal sufficiency before submission to the City Council and shall be upon approval of the "Conditional Use" for a PUD by the City Council, recorded in the Public Records' of Lake County, Florida. (g) Copies of any restrictive covenants that are to be recorded with respect to property included in the PUD. (3) Action on Preliminary Development Plan After receiving the application, the Administrative Official (City Manager or his designated representative) shall rev iew the develop- ment plan. During the review, the Administrative Official may request the applicant to confer on the PUD concerning any suggested changes in the original proposal, and/or additional information necessary to make essential findings. In the course of the conferences, any agreements or disagreements between the Administrative Official and the applicant shall be recorded in writing and shall become a part of the record. (4) Platting Requirements (a) If it is determined by the City Council that the lands encompassed by the PUD must be platted or replatted, this must be done in accordance with the procedures and regulàtions set forth by the codes and ordinances of the City of Clermont. (5) Administrative Officials's Findings Within thirty (30) days after receiv~ng the application, the Administrative Official shall recommend (2) approval of the app~'ication as submitted, (b) approval with modifications, (c) disapproval of the proposal. . . CODE ORDINANCES ORDINANCE NO. 84-C N~ 261 The recommendations of the Administrative Official shall include findings of fact and shall set forth the reasons.'for the recommendation in specific, including but not limited to findings of fact and conclusions on the following: (a) as to the suitability of the tract for the proposed PUD in terms of its relation to the comprehensive plan or other officially adopted plans, physical characteristics of the tract, and its relation to the surrounding area and existing and probable future development. (b) as to the standards as set out in Section 26-68(D). (c) as to (1) its conformity with applicable zoning or other regulations, or (2) the extent to which the PUD departs from zoning and other regulations otherwise applicable to the subject property, including but not limited to density, use, open space, living area per family, and the reasons why such modifications are necessary or justified in the particular case by demonstration that the public purpose of the PUD would be met to at least an equivalent or greater degree by such modification. (d) as to the adequacy of evidence on unified control and agreement, or other instruments. (e) as to the nature and extent of the common open space in the PUD, the reliability of the proposals for maintenance and conservation of the open space, and the adequacy or inadequacy of the amount and function of open space in terms of densities, dwelling types and total gross floor area. (f) as to the case of a PUD which proposed development over a period of years, the súfficiency of the terms and condi- tions proposed to protect and maintain the integrity of the PUD which finding shall be made after consultation with the City Attorney. (g) as to its conformity with all applicable provisions of this Section. (6) Planning and Zoning Commission Action and Findings The Planning and Zoning Commission shall within thirty (30) days after receiving the Administrative Official's report hold a public hearing on the application. Such public hearing shall consider all aspects of the Administrative Official's findings, and of the proposed PUD. Within thirty (30) days after the last public hearing on such plan, the Planning and Zoning Commission shall prepare and transmit to the City Council, specific findings d'. fact together with its recommendations. The Planning and Zoning Commission may recommend approval of the PUD as proposed, approval conditioned on stated modifications, or disapproval. . . N~ 262 CODE ORDINANCES ORDINANCE NO. 84-C (7) Action by the City Council The City Council shall within thrity (30) days after receiving the Planning and Zoning Commission's report hold a public hearing on the application. Such public hearing shall consider all aspects of the Planning and Zoning Commission's findings, and of the proposed PUD. The City Council shall either grant the application, with or without modification, or deny such application. If the Conditional Use Permit is granted, the area of land involved shall be designated as a Conditional Use Planned Unit Development by resolution, and such resolution shall include any condition or restriction that may be imposed by the City Council A performance bond (or bonds) may be required by the City Council to assure that no ecological damage is done to surrounding properties or waters; and to assure the restora- tion of the subject land to a state that would permit , no ecological damage in the event the project shall fail, be abandoned or work stopped for any reason for a period of more than eighteen (18) months, and said bond (or bonds) shall be utilized by the City Council in the restoration, as nearly as possible, of the land to a state equivalent to the natural ecological conditions prevailing at the time of the issuance of the Conditional Use Permit. Said bond or bonds shall terminate at a time after phase or stage completion or final completion as determined by the City Council. Said bond or bonds may be a surety bond, a cash bond, or an unencumbered certificate of deposit, bank savings account or government security, assigned to the City of Clermont for the purpose of these requirements. (8) Effect of Approval The plan as approved together with the conditions and restrictions imposed shall constitute the Conditional Use Permit and PUD zoning on the land, and no building permit shall be issued except in conformity with all provisions of the grant of Conditional Use. The terms of the grant of Conditional Use shall be binding upon the applicant and any successors in interest during any time period specified as a safeguard in the granting of the Conditional Use. (9) Expiration of Time Limits on Grant of PUD Conditional Use. If development actions required by the grant of Conditional Use are not taken within any time limits set in the grant of Conditional Use, the Planning and Zoning Commission shall review the circumstances and recommend to the City Council that (a) revised time limits be set, or (b) that the grant of Conditional Use be cancelled. Recommendation under (a) shall include proposals for appropriate action in respect to any legal instruments involved in the case. (10) Building Permits Building permits shall be obtained for each and every structure erected, and construction and operation of the proposed use shall comply at all times with the regulations of this and other governmental agencies. Prior to the issuance of any building . . CODE ORDINANCES ORDINANCE NO. 84-C N~ 263 permits, complete building plans shall be submitted to the building official for approval. Said plans shall be in substantial conformity with plans approved by the Planning and Zoning Commission and City Council. Separate facilities deemed possible sources of pollutants, ð shall have received approval from the Lake County Pollution Control Board prior to construction. (F) Changes in Development Plans Changes in plans approved as part of the grant of Conditional Use may be permitted upon application by the Petitioner or his successors in interest, but only upon a finding that any such change or changes are in accord with all regulations in effect when change is requested and the general intent and purpose of the comprehensive plan in effect at the time of the proposed change. Changes other than those indicated above shall be made only by a new petition for PUD. (G) Confl icts After public hearing and upon the findings by the Planning and Zoning Commission and the City Council that the grant of a Conditional Use Planned Unit Development in the particular case serves a greater public purpose as to design of the particular plan and its relation- ship to the surrounding area, it is intended that where there are conflicts between the requirements of this Section and other provisions of this Zoning Ordinance, the provisions of this Section shall apply. SECTION 3. Sub-Section F of Section 26-19 is hereby amended by adding the following as item (6) under the Conditional uses permitted in R1AA residential estate zoning districts: (6) Planned Unit Developments. SECTION 4. This Ordinance is made pursuant to the authority of the Charter of the City of Clermont, Florida, the general laws of the State of Florida, and special act of the Legislature of the State of Florida. SECTION 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 6. Should any section or part of a section of this Ordinance be declared invalid by any Court of competent jurisdiction, such adjudication shall not apply or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. . . COD E 0 R DIN A N C E S N.Q. 264 ORDINANCE NO. 84-C SECTION 7. This Ordinance shall be posted as provided by law and it shall become law and shall take effect at 12:01 A.M. on the 13th day of April, A.D., 1973. First Reading this 27th day of February, A.D. 1973 Second Reading this 13th day of March, A.D. 1973 PASSED AND ORDAINED~ THE CITY COUNCIL OF T~ CITY OF CLERMONT, LAKE COUNTY, FLORIDA, this /3- DAY OF "huvt.dL A.D. 1973. CI~ERMONT ,..--. . BY: ./ [J. '4./~ Pr dent of cou~ . Lo;~lÞ~~ City Cl erk APPROVED by me this IJr~ day of ~ ~ r/lud- MAYOR , A. D. 1973. CERTIFICATE OF POSTING I HEREBY CERTIFY that a certified copy of the foregoing Ordinance No. 84-C was posted on the Public Municipal Bulletin Board at City Hall for a period of not less than one (1) week, as re~ired under the Charter of the City of Clermont, Florida, beginning~.v /7'- ' A. D. 1973. LOm P. -'PA) k/- Ûv1A~ '~CITY CLERK