0989 PUD Regulations
ORDINANCE NO. 989
.
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING
ORDINANCE 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY
SECTION 90-401 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-
402 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-403 OF THE
LAND DEVELOPMENT REGULATIONS, SECTION 90-404 OF THE LAND
DEVELOPMENT REGULATIONS, SECTION 90-405 OF THE LAND
DEVELOPMENT REGULATIONS. SECTION 90-406 OF THE LAND
DEVELOPMENT REGULATIONS, AND SECTIONS 90-407 TO 90-440 OF THE
LAND DEVELOPMENT REGULATIONS, REVISING THE PLANNED UNIT
DEVELOPMENT (PUD) DISTRICT AND RENAMING IT TO MIXED-USE
PLANNED UNIT DEVELOPMENT (PUD-M) AND ADDING DIVISION 13 FOR THE
RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD-R) DISTRICT;
PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, the City of Council of the City of Okeechobee, Florida has adopted Ordinance
Number 716 known as the Land Development Regulations, and included requirements for
planned unit development zoning districts within the City; and
WHEREAS, upon review of same, the City of Okeechobee, through staff analysis, has determined
that current PUD regulations do not adequately safeguard the City's interest and promote
improved development patterns; and
WHEREAS, the City of Okeechobee has determined that setting forth specific regulations for a
comprehensive set of regulations for residential planned unit developments are in the best
interests of the City of Okeechobee, and an appropriate and necessary promulgation of
its authority;
NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida;
presented at a duly advertised public meting; and passed by a majority vote of the City
Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the
City:
Section 1. Sections 90-401,90-402,90-403,90-404,90-405,90-406, and 90-407through 90-
440 of Ordinance No. 716 be amended as follows:
DIVISION 12.
MIXED-USE PLANNED UNIT DEVELOPMENT (PUD-M) DISTRICT
Sec. 90-401. Generally.
(a) Defined. Provision is made for mixed-use planned unit development (PUD-M)
zoning districts in which diverse residential, commercial, institutional or recreation
uses may be brought together within a residential setting under a unified plan of
development which is in the interest and general welfare of the public.
(b) Purpose and intent. The PUD-M district is established to:
.
(1) Encourage innovative creative designs;
(2) Ensure enhanced open space and/or amenities and an improved living
environment;
(3) Encourage the use of land in accordance with its character and adaptability
and to protect environmentally sensitive areas;
(4) Promote and ensure high standards in layout, design and construction and
greater compatibility in design and use between neighboring properties;
(5) Ensure development of the site in a manner harmonious with surrounding
areas and community facilities;
(6) Provide for well located, clean, safe and pleasant developments of multiple
uses within a residential setting include clustering of uses to maximize opens
space and minimize strain upon transportation facilities; and
(7) Provide for safe and efficient internal and external vehicular and non-
vehicular traffic circulation.
i
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(c) Location. PUD-M zoning districts shall be permitted only on land designated as
Mixed-Use Residential in the Comprehensive Plan.
(d) Petition submittal requirements and other requirements and conditions for rezoning
to the PUD-M zoning district. and amendments to an approved PUD-M, shall be
governed by the provisions of Section 90-428 through 90-433 of Division 14 of these
Land Development Regulations.
(e) In addition to the requirements and limitations of Section 90-401 through 90-405, a
PUD-M shall comply with all limitations and standards set forth in Policy 2.1 of the
Future Land Use Element of the Comprehensive Plan.
(LDR) 1998, S 430)
Sec. 90-402. Perm itted uses.
The following principal uses and structures are permitted in the PUD-M district:
(1) Attached and detached single-family dwellings.
(2) Zero lot line single-family dwellings.
(3) Two-family dwellings.
(4) Town homes.
(5) Multiple-family dwellings.
(6) Adult family care homes or assisted living facilities.
(7) Day care center, nursing home.
(8) Professional office, business office, medical office.
(9) Retail store, retail service.
(10) Restaurant.
(11) Personal service, dry cleaner.
(12) Mechanical and repair services.
(13) Auto service station.
(14) Private club, nightclub.
(15) Hotel, motel.
(16) Craft studio.
(17) Business school.
(18) Commercial indoor recreation.
(19) Outdoor recreation, commercial outdoor recreation, golf course.
(20) Marina.
(21) Community center.
(22) School.
(23) House of worship.
(24) Public facility or use.
(25) Open space.
(26) Public utility.
(LDR 1998, S 431)
Sec. 90-403. Customary accessory uses.
Each permitted principal use in the PUD-M district is also permitted to have accessory uses
and structures that are customary and incidental to that use. Accessory uses and structures
that are customary and incidental to residential development areas include, but are not
limited to clubhouses, common meeting areas, recreation areas or recreation structures
that may be provided as an amenity by the developer or owners.
(LDR 1998, S 433)
Sec. 90-404. Dimensional requirements.
The dimensional standards for the PUD-M zoning district shall be as follows:
(1) Minimum area. Minimum size of PUD-M zoning district shall be 30 contiguous acres
under single ownership with a minimum frontage of 100 feet on a public street.
Properties will be considered contiguous if they are separated only by public rights-
of-way and no individual parcel is less than five acres in area.
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(2) Maximum overall density. Maximum overall density in a PUD-M district shall not
exceed 7.5 dwelling units per gross acre.
.
(3)
Aggregate land use mix and density/intensity standards. All development within a
PUD-M district shall comply with the mix of land uses; and density and intensity
standards set forth in the following table:
Land Use Mix
Residential
Com mercial/Non-residential
o en S ace
(1) Floor Area Ratio
,
Minimum % of
total acrea e
45%
10%
40%
Maximum % of
total acrea e
50%
15%
53%
(4) Maximum building dimension. The maximum dimension of any structure or group
of attached structures shall not exceed 160 feet for anyone building face,
(5) Minimum perimeter setback. No building or structure shall be located closer than
20 feet to any perimeter boundary of the PUD-M district.
(6) Minimum separation between structures and/or buildings.
(a) Residential buildings shall be separated from each other by a distance equal
to not less than 12 feet.
(b) Nonresidential structures shall be separated from residential buildings by not
less than 20 feet or the height of the nonresidential structure, whichever is
greater.
(7) Maximum lot coverage and impervious surface coverage. Maximum allowable lot
coverage is 40 percent and the aggregate of lot coverage and impervious surface
area is 60 percent of the gross land area of the PUD-M district.
(8) Maximum height of structures. Allowable height in a mixed-use PUD-M district shall
be determined after review of surrounding land uses to ensure that the proposed
development will not create any external impacts that would adversely affect
surrounding development, existing or proposed, No building, structure, or part
thereof shall exceed a total height of 45 feet, except as approved by special
exception.
(9) Open Space Requirement. A minimum of 40 percent of the PUD-M district area shall
be reserved for landscaping and open space. The following uses may contribute to
the open space requirements provided the minimum dimensions are met:
(a) Buffers and landscaped areas in off-street parking areas;
(b) Dry detention areas and existing or proposed bodies of water, including wet
stormwater management areas, may count up to a maximum of 50 percent
of the open space requirement;
(c) Golf course fairways may account for no more than 50 percent of the
required open space.
(d) Active and passive recreation areas and public use areas such as
playgrounds, golf courses, lake-beach frontage, nature trails, bike paths,
pedestrian ways, tennis courts, swimming pools, plazas, atriums, courtyards
and other similar areas count as open space as long as not more than 20
percent of the recreational or public area counted as open space consistsof
impervious surface;
(e) Areas must have a minimum dimension of at least 10 feet (length and width)
and comprise an area of not less than 200 square feet to count towards
meeting the minimum open space requirement.
. (10) Improved recreation areas required.
(a) Except as set forth in subsection (b), multi-family areas of 5 acres or more or
multi-family developments containing 50 or more dwelling units; or, single-
family, zero lot line single-family, or two-family developments containing 50
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or more dwelling units and built on lots smaller than 6,250 square feet
(12,500 square feet for duplexes) or developed at a density greater than five
units per gross acre, shall provide an improved recreation/play area or areas
that meet(s) the following standards:
i. Said recreation area shall have at least 15 square feet of land area for
each dwelling unit with two or more bedrooms;
ii. The minimum size for said recreation area shall be 750 square feet
and the improved recreation area shall be located away from streets,
lakes or canals or shall be fenced; and
iii. The improved recreation area shall be constructed in accordance with
the U. S. Consumer Products Safety Commission guidelines.
(b) This requirement shall not apply to developments, or portions thereof, that
are restricted by deed, notation on the face of the plat, or other recorded
instrument which, in the opinion of the city attorney, limits occupancy within
the development, or portion thereof, to adults.
Sec. 90-405. Additional regulations.
Additional regulations which shall apply to all uses in the PUD-M district include, but are not
limited to:
(1) Conditions, requirements, and standards contained in Sections 90-428 through 90-
433.
(2) Utilities shall be placed underground in accordance with Section 78-72.
(3) All development shall be connected to central water and sewer.
(4) Concurrency regulations.
(5) Parking and loading regulations.
(6) Landscaping regulations.
(7) Sign regulations.
(8) Accessory use regulations.
(9) Supplementary use regulations.
(10) Environmental and stormwater regulations.
(11) Utilities regulations.
(LDR 1998, S 435)
Sec. 90-406 through 90-415. Reserved.
DIVISION 13,
RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD-R)
DISTRICT
Sec. 90-416. Generally.
(a) Defined. A parcel to be planned and developed as a single entity containing one or
more types of residential dwelling units. Appropriate recreational, public and
semipublic uses may be included if such uses are primarily for the benefit of the
residential development.
(b) Purpose and intent. The PUD-R district is established to:
(1) Encourage innovative creative designs;
(2) Ensure enhanced open space and/or amenities and an improved living
environment;
(3) Encourage the use of land in accordance with its character and adaptability
and to protect environmentally sensitive areas;
(4) Promote and ensure high standards in layout, design and construction and
greater compatibility in design and use between neighboring properties;
(5) Ensure development of the site in a manner harmonious with surrounding
areas and community facilities;
(6) Provide for well located, clean, safe and pleasant residential developments
that minimize strain upon transportation facilities; and
(7) Provide for safe and efficient internal and external vehicular and non-
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vehicular traffic circulation.
(c)
Location. A PUD-R district is permissible only on tracts within areas designated on
the Future Land Use Map in the Comprehensive Plan as Residential Single Family
or Residential Multi-Family.
.
(d) Petition submittal requirements and other requirements and conditions for rezoning
to the PUD-R zoning district, and amendments to an approved residential PUD, shall
be governed by the provisions of Sections 90-428 through 90-433 of Division 14 of
these Land Development Regulations.
Sec. 90-417. Permitted uses.
(1) Allowable uses in a PUD-R district located on lands designated Residential Single
Family on the Future Land Use Map include:
(a) Detached single-family dwellings, zero lot line single-family dwellings.
(b) Public facilities.
(c) Accessory uses and structures that are customary and incidental to the
primary residential use, including but not limited to clubhouses, common
meeting areas, recreation areas or recreation structures that may be
provided as an amenity by the developer or owners.
(2) Allowable uses in a PUD-R district located on lands designated Residential Multi-
Family on the Future Land Use Map include:
(a) Detached single-family dwellings, zero lot line single-family dwellings.
(b) Two-family dwellings.
(c) Multiple-family dwellings.
(d) Adult family care or assisted living facilities.
(e) Public facilities.
(f) Accessory uses and structures that are customary and incidental to the
primary residential use, including but not limited to clubhouses, common
meeting areas, recreation areas or recreation structures that may be
provided as an amenity by the developer or owners.
Sec. 90-418. Dimensional standards.
The dimensional standards for the PUD-R zoning district shall be as follows:
(1) Minimum parcel size: Five contiguous acres under single ownership with a
minimum frontage of 100 feet on a public street. Properties will be considered
contiguous if they are separated only by public rights-of-way and no individual parcel
is less than two acres in area.
(2) Maximum density: Maximum density allowable in the PUD-R zoning district shall be
as follows:
Land MAXIMUM GROSS DENSITy*1
Use Housing Conventional
Designation Component Housin
Sin Ie Famil 4 d.u. er acre
Multi-Famil All housin t es 10 d.u. er acre 11 d,u. er acre
Gross acreage in PUD (excluding public streets and rights-of-way
existing prior to rezoning to the PUD-R district) divided by the total
number of dwellin units.
(3)
Maximum height. Allowable height in developments in a PUD-R district shall be
determined after review of surrounding land uses to ensure that the proposed
development will not create any external impacts that would adversely affect
surrounding development, existing or proposed. No building, structure, or part
thereof shall exceed a total height of 45 feet, except as approved by special
exception.
.
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(4) Maximum building dimension. The maximum dimension of any structure or group
of attached structures shall not exceed 160 feet for anyone building face.
(5) Minimum perimeter setback. No building or structure shall be located closer than 20
feet to any perimeter boundary of the PUD-R district.
(6) Minimum separation between buildings. Buildings shall be separated from each
other by a distance equal to not less than 12 feet.
(7) Maximum lot coverage and impervious surface coverage. Maximum allowable lot
coverage is 40 percent and the aggregate of lot coverage and impervious surface
area is 60 percent of the gross land area of the PUD-R district.
(8) Open Space Requirement. A minimum of 40 percent of the PUD-R district area shall
be reserved for landscaping and open space. The following uses may contribute to
the open space requirements provided the minimum dimensions are met:
(a) Buffers and landscaped areas in off-street parking areas;
(b) Dry detention areas and existing or proposed bodies of water, including wet
stormwater management areas, may count up to a maximum of 50 percent
of the open space requirement;
(c) Active and passive recreation areas and public use areas such as
playgrounds, golf courses. lake-beach frontage, nature trails, bike paths,
pedestrian ways, tennis courts. swimming pools, plazas, atriums, courtyards
and other similar areas count as open space as long as a not more than 20
percent of the recreational or public area counted as open space consists of
impervious surface;
(d) Areas must have a minimum dimension of at least 10 feet (length and width)
and comprise an area of not less than 200 square feet to count towards
meeting the minimum open space requirement.
(9) Improved recreation areas required.
(a) Except as set forth in subsection (b), multi-family areas of five acres or more
or multi-family developments containing 50 or more dwelling units; or, single-
family, zero lot line single-family, or two-family developments containing 50
or more dwelling units and built on lots smaller than 6,250 square feet
(12,500 square feet for duplexes) or developed at a density greater than five
units per gross acre, shall provide an improved recreation/play area or areas
that meet(s) the following standards;
i. Said recreation area shall have at least 15 square feet of land area for
each dwelling unit with two or more bedrooms;
ii. The minimum size for said recreation area shall be 750 square feet
and the improved recreation area shall be located away from streets,
lakes or canals or shall be fenced; and
iii. The improved recreation area shall be constructed in accordance with
the U. S. Consumer Products Safety Commission guidelines.
(b) This requirement shall not apply to developments, or portions thereof, that
are restricted by deed. notation on the face of the plat, or other recorded
instrument which, in the opinion of the city attorney, limits occupancy within
the development, or portion thereof, to adults.
Sec. 90-419. Additional regulations,
Additional regulations which shall apply to all uses in the PUD-R district include, but are not
limited to:
(1) Conditions, requirements, and standards contained in Sections 90-428 through 90-
433.
(2) Utilities shall be placed underground in accordance with Section 78-72.
(3) All development shall be connected to central water and sewer.
(4) Concurrency regulations.
Page 6 of 11
.
(5) Parking and loading regulations.
(6) Landscaping regulations.
(7) Sign regulations.
(8) Accessory use regulations.
(9) Supplementary use regulations.
(10) Environmental and stormwater regulations.
(11) Utilities regulations.
Sec. 90-420 through 90-427. Reserved,
DIVISION 14.
REGULATIONS APPLICABLE TO ALL PUD-M AND PUD-R
DISTRICTS
Sec. 90-428. General development review standards.
The following general standards shall be utilized in evaluating and establishing conditions
for PUD-M and PUD-R zoning districts and in reviewing conceptual and final site plans:
(1) Physical characteristics of the site. The property shall be suitable for development
in the manner proposed without hazard to persons or property, on or off the site,
Conditions of soil, groundwater level, drainage, and topography shall be appropriate
to both type and pattern of use intended.
(2) Compatibility and relationship to adjacent property. The approval process of
development in PUD-M and PUD-R districts shall take into consideration the existing
uses and development adjacent to the district. The development shall be designed
and located so as to avoid incompatibility with adjacent development or land uses
to the extent reasonably possible. This shall be determined by requiring the
applicanVdeveloper to provide documentation that the location, design, and final site
plan, as reflected in the eventual PUD-M or PUD-R ordinance, will result in a
development that is consistent with sound planning principles and complies with all
applicable ordinances and land development regulations, The PUD-M and PUD-R
zoning categories contemplate, contrary to traditional zoning categories, innovative
design and land use, including a mix of uses, with amenities, recreation areas and
common areas, and use of zero lot lines. Regardless, the approval process will
address compatibility with neighboring zoning categories, including that the overall
density, height and location of buildings and improvements, traffic flow, drainage and
retention, and overall impact of a PUD-M or PUD-R project, should not materially
affect the nature of land uses enjoyed on adjacent properties.
Developments in PUD-M or PUD-R districts shall include additional screening,
buffering, transitional uses or other design features, as necessary, to adequately
protect existing or probable uses of surrounding property.
Opaque durable fencing, masonry walls, or a vegetative screen that is continuous
within one year after time of planting, shall be provided at the periphery of PUD-M
and PUD-R districts to protect occupants from undesirable views, lighting, noise or
other off-site influences, and to protect occupants of adjoining properties from
similar adverse influences.
This provision gives consideration to the site's advantages and limitations, as well
as the compatibility of the development to adjacent sites. The design of the site
should consider all existing features, both natural and man-made, to determine
those inherent qualities that give the site and surrounding area its character,
(3)
Access and internal circulation. Principal vehicular access points shall be designed
to encourage smooth traffic flow with controlled access and turning movements and
minimize hazards to vehicular and pedestrian safety, The interior circulation system
shall be designed to provide for safe and efficient motorized and non-motorized
(e.g., bicycles) vehicular and pedestrian movement, as appropriate to the character
of the proposed development.
.
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Vehicular access to streets or portions of streets from off-street parking and service
areas shall be so combined, limited, located, designed and controlled as to channel
traffic from and to such areas conveniently, safely, and in a manner which minimizes
friction and excessive interruptions, and promotes vehicular and pedestrian safety.
(4) Streets, drives, parking and service a reas. Streets, drives, parking and service areas
shall provide safe and convenient access to all buildings and general facilities.
(5) Natural and historic features. Developments in a PUD-M or PUD-R district shall be
designed to preserve natural features of the land and historic resources, such as
existing trees, natural topography, and historic and archeological sites, as much as
possible. Natural resources and natural features may not be impaired or destroyed
unless it is in the public interest to do so. In determining whether such action is in
the public interest, the benefit which would reasonably be expected shall be
balanced against the reasonably foreseeable detriments of the activity,
(6) Density. Density shall not exceed maximums established in the Comprehensive
Plan and shall be established after consideration of criteria in the Comprehensive
Plan, neighborhood compatibility, and site design.
(7) Screening of trash and refuse containers. All central refuse, trash and garbage
collection containers, orthose serving multiple dwelling units, shall be screened from
sight or located in a such a manner so as not to be visible from any public area
within or adjacent to the PUD-M or PUD-R district.
Sec. 90-429. Petition requirements for rezoning to a PUD-M or PUD-R district.
A petition form provided by the City shall be filled out and submitted along with a written
statement describing the nature and intent of the proposed development. The petition
package shall include the following:
(1) A professionally prepared conceptual site plan that conveys the general extent and
character of the proposed development and that contains the following information:
(a) the title of the project and name of the developer, owner, and authorized
agents;
(b) areas of residential and nonresidential development;
(c) location and extent of proposed open space;
(d) location of proposed community or public uses (e,g., recreation areas,
clubhouses, schools, houses of worship, etc.);
(e) basic vehicular, pedestrian and other circulation systems;
(f) proposed points and methods of access; and
(g) anticipated phasing plans.
(2) A summary table with the following information.
(a) maximum number and type of residential units;
(b) total land area, overall gross residential density and land area and density of
each individual residential area;
(c) total maximum square footage of each nonresidential use by type, land area
and maximum square footage by type of nonresidential use for each distinct
development area; and
(d) approximate land area devoted to conservation, retention, recreation, parks,
and other open space areas.
(3) Surveys, drawings or other information sufficient to indicate the general proposed
plan for drainage including out-falls and a written summary of the proposed drainage
plan.
(4) A list and description of any areas or facilities proposed to be dedicated for public
use.
(5) A phasing plan if applicable, including a time frame for the completion of each phase
and for the entire development.
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(6) An "as built" map of the site indicating the boundaries of the subject property and
indicating all streets, buildings, water courses and other important features.
.
(7)
A description, and a map identifying the location, of all environmentally sensitive
lands, wetlands, significant areas of native vegetation, and wildlife habitat.
(8) A preliminary traffic impact analysis and discussion of the availability or proposed
construction of necessary transportation facilities by proposed phase to verify that
adequate capacity currently exists or will exist prior to issuance of any Certificates
of Occupancy.
(9) A preliminary analysis on the impact on schools.
(10) A discussion of the proposed or anticipated sources of potable water, sanitary
sewer, solid waste disposal and other utilities and the availability of such utilities
based on projected residential and nonresidential demand.
(11) A list of required regional, state or federal permits or approvals.
(12) Documentation demonstrating that new growth associated with the project will occur
in an area where public facilities exist, are planned within the City or County Five-
Year Capital Improvements Plan, or are committed to through a Developer
Agreement, or otherwise assured to be funded by the appropriate agency,
(13) A fiscal impact study of the proposed project demonstrating net fiscal benefit to the
City (PUD-M only).
(14) Other written or graphic materials, such as architectural elevations, may be
submitted to conveyor clarify the nature, character, intent or other attributes of the
proposed development.
Sec. 90-430. Other requirements and conditions.
(1) All plans, maps, surveys, documents and the like required as part of the petition may
be submitted in large format or in binders where appropriate for review and
presentation purposes, but shall also be submitted in a reproducible format for
distribution to review bodies unless a sufficient number of copies is provided.
(2) When provisions for phasing are included in the development plan, each phase of
the development must be so planned and related to previous development phases,
surrounding properties, and the availability of public facilities and services that
failure to proceed with subsequent phases of the development will have no adverse
impact on any completed phase or surrounding properties.
(3) The City Council may establish, in addition to concurrency requirements, reasonable
periods of time for completing the project or phases thereof, including any dedicated
publiC facilities that are part of the development.
(4) If the review of construction plans, the review of a final traffic impact analysis or the
process of obtaining required regional, state or federal permits results in a finding
by the City that amendments to the planned development are necessary beyond
those that may be approved administratively, including a failure to meet an
established level of service, the development plan shall be resubmitted to the City
for review and consideration of such amendments in the same rl1anner in which the
planned development was initially approved.
Sec. 90-431. Status of an approved PUD-M or PUD-R development.
.
When approved pursuant to the provisions of the Land Development Regulations, the
conceptual development plan and other materials and documents as are adopted by
ordinance shall constitute an amendment to these regulations and the Official Zoning Map,
Development within a PUD-M or PUD-R district may occur only in conformity with the
approved conceptual development plan unless amended as provided under Section 90-
433.
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Sec. 90-432. Review and approval process for rezoning PUD-M and PUD-R zoning
districts.
(1) The petition including the conceptual site plan, is reviewed by the building
official/zoning administrator for completeness in accordance with Sec,70-334. When
the petition is deemed complete, the formal substantive review process begins.
(2) The Technical Review Committee (TRC) reviews the conceptual plan and forwards
its report and recommendations to the Planning Board in accordance with Sec. 70-
102.
(3) The Planning Board reviews the petition for rezoning, including the conceptual site
plan in accordance with Sec. 70-152(3). This review is conducted at a public hearing
[per Sec. 70-335(3)] and the Planning Board's recommendation is forwarded to the
City Council for consideration.
(4) The City Council considers the petition for rezoning. If the rezoning is approved, the
site plan review process is initiated.
(5) The Applicant submits the final site plan, accompanied by the more detailed
information and drawings required for this review. TRC reviews the final site plan
and approves, approves with changes or conditions, or denies the petition for site
plan approval. If there are additional aspects of the site plan requiring approval by
another body, such as variances or requests for exception to the parking
regulations, the site plan is forwarded to the Board of Adjustment and/or City
Council, as appropriate, for final disposition.
Sec. 90-433. Amending an approved planned development.
A planned development approved as part of a rezoning to the PUD-M or PUD-R zoning
districts, may be amended in the same manner in which it was initially approved; provided,
however, that a minor amendment may be approved administratively by the City
Administrator after review and approval by the TRC. The City Administrator, at his
discretion, may direct that a minor amendment be considered in the same manner as the
development plan was initially approved. A minor amendment is defined as follows:
(1) Any decrease in the total square footage, density or intensity in the approved
development plan;
(2) Internal realignment of rights-of-way, other than a relocation of access points to the
planned development itself, where there is no net reduction in the size of
conservation, preservation or required open space areas or easements;
(3) Relocation of building envelopes where there is nor encroachment upon required
conservation, preservation or required open space areas or easements and no
reduction in the setbacks between buildings or from perimeter boundary lines;
(4) Relocation of swimming pools, clubhouses, or other recreation or other common
facilities when such relocation will have no net impact on adjacent properties or land
uses, and do not encroach upon required conservation or preservation areas or
required easements; and,
(5) Relocation, reduction, or reconfiguration of lakes, ponds, or other water facilities
subject to the submittal and approval of revised water managerpent plans,
Sec. 90-434 through 90-440. Reserved,
Section 2. Conflict.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Page 10 of 11
Section 3. Severability.
If any provisions or portion of this ordinance is declared by any court of competent jurisdiction to
be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this
ordinance shall remain in full force and effect.
.
Section 4. Effective Date.
This Ordinance shall take effect immediately upon its passage.
INTRQDlJCED for first reading and set for final public heari
I
I
A TTEST:-
PASSED AND ADOPTED after Second and Final Public Hearin
.,
~ ~iSi:F~Rc:ai:F'C'ENCY:
John R. Cook, City Attorney
"
.
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