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756ORDINANCE NO. 756 AN ORDINANCE AMENDING ZONING ORDINANCE NO.219 OF THE CITY OF EDGEWATER, FLORIDA, TO INCLUDE A NEW DISTRICT ENTITLED R-R PLANNED UNIT DEVELOPMENT ("R-R PUD") FOR THE PURPOSE OF OFFERING DEVELOPERS THE BENEFITS OF EFFICIENCY, ECONOMY, AND FLEXIBILITY OF LARGE SCALED UNIFIED DEVELOPMENT THAT WILL CREATE A DESIRABLE URBAN ENVIRONMENT BY PROVIDING FOR : (A) VARIETY AND FLEXIBILITY IN THE DEVELOPMENTAL LAYOUT AND DESIGN: (B) THE ADEQUATE AND ECONOMICAL PROVI- SIONS OF STREETS AND UTILITIES: (C) A MEANS TO PRESERVE THE NATURAL AND SCENIC QUALITIES OF OPEN AREAS: PRO- VIDING FOR ITS PUBLICATION AND PROVIDING FOR AN EFFECTIVE DATE THEREOF. BE IT ENACTED BY THE PEOPLE OF TH E CITY OF EDGEWATER, FLORIDA: GENERAL PROVISIONS: PURPOSE AND ENACTMENT Section 10. Purpose The purpose of the Planned Unit Development Ordinance is to offer developers the benefits of efficiency, economy, and flexibility of large scale unified development that will create a desirable urban environment by providing for: (a) variety and flexibility in the developmental layout and design, (b) the adequate and economical provisions of streets and utilities; (c) a means to preserve the natural and scenic qualities of open areas. Section 11. Enactment: In accordance with the authority granted by Chapter 176, Florida Statutes, and the Charter and Ordinances of the City of Edgewater, Florida, the City of Edgewater Council does hereby adopt this ordinance for application to areas of land and water which are to be developed as Planned Unit Developments, and hereby amends the Zoning Ordinance of the City of Edgewater, Florida, to include a new district entitled Resort -Residential Planned Unit Development "R-R PUD". ARTICLE H PERMITTED USES AND STANDARDS FOR THE RESORT -RESIDENTIAL PLANNED UNIT DEVELOPMENT Section 20. Permitted Uses: Uses permitted in a R-R PUD district may include and shall be limited to: 20. 01 Dwelling units in detached, semi-detached, attached or multi -storied structures or any combination thereof. 20.02 Uses of a religious, cultural or recreational character, to the extent they are designed and intended to principally serve the residents in the R-R PUD, 26.03 Retail and Business uses permitted within the R-R PUD are those which are listed below and intended primarslly to serve the residents in the D and their guests. The following are allowed: i �a C 0 2. 3. 4. 5. 6. 9. 10. Physicians 11. Gift and card shops Dental offices 12. Shoe repair and sales Attorneys offices 13. Men, women,and childrens apparel Accounting, auditing and 14. Sporting goods stores bookkeepping offices 15. Bakery (non manufacturing) Real Estate offices 16. Restaurant Out -patient medical and 17. Book and stationery stores dental clinics 18. Camera shops Pharmacies 19. Jewelry stores Self-service and glifck 20. Artist supply stores service laundries 21. Music supply stores Convenience food stores 22. Liquor stores Drug stores 23. Ice cream shops 24. Men and women's figure salon The gross floor area devoted to the permitted retail and business uses shall be in proportion to the entire complex and shall be approved by the Zoning Board and confirmed by the City Council. In addition, all of the permitted uses shall be concentrated in a general location and shall be located in. 1. A structure(s) specifically designed to accomodate the uses. 2. A multiple dwelling unit, or 3. An administrative or community service building for the R-R PUD. Section 21. Special Uses: The following special uses may be developed as an integral part of the R-R PUD Plan provided they are approved by the City Council and subject to the regulations of this ordinance. The Zoning Board and Planning Board may recommend and the City Council may approve more stringent requirements for these uses when such requirements are considered necessary to protect and preserve the amenity of water bodies and land areas. 21.01 Oceanfront hotels. 21.02 Marinas, provided that: a. Toilet facilities on boats docked at marinas are not used unless they are connected into the marina's sanitary system, and b. The related marina uses are limited to the following: 1. Wet storage area for pleasure, sports, fishing, and party fishing boats. 2. Limited size dry storage sees for water craft no greater than 30 feet in 3. Limited size service yard and emergency repair facilities for water craft no greater in length than 50 feet. 4. Administrative offices related to the operation of the marina. 5. Bait and tackle shop 6. Marina equipment store 7. Accommodations for tourists and transient boater, and B. Sanitary restrooms provided they are located ashore and within 100 feet from the shore end of any dock if public sewer is available. If under- ground disposal is used, facilities shall be located as close as soil conditions permit and subject to Health Dept. approval. Section 22. Design Standards for R-R PUD: The purpose of this Section is to provide desirable open space, tree cover, recreation areas, scenic vistas, and variety in residential properties. Ni' 22. 01 Ownershi The R-R PUD ro ects land area mu,p: p jgla:awrrE'tship or under option to single ownership prior to the Board'ew of the final develop- ment plan. BpTE���� -2- M 22.02 Minimum Proiect Site: A R-R PUD may include no less than fifteen acres of contiguous land. However, projects for the redevelopment of blighted areas may qualify with a minimum tract of contiguous land of two and a half acres. 22.03 Open Space: A minimum of sixty per cent (60%) of the net project area shall be devoted to open space. The net project area shall be the gross project area less street right of way or lands occupied by buildings. The open space may include open parking areas when the same are properly landscaped and ap- proved by the Zoning Board. 22.04 Residential Density: The maximum allowable number of dwelling units shall not exceed six (6) times the number of dwelling units allowed per acre in the zoning district where the R6R PUD is planned 22.05 Minimum Living Area: A minimum living area of 750 square feet shall be provided for each single family dwelling unit and 600 square feet for each multiple family dwelling unit. 22.06 Building Height: No structure shall be constructed to a height in excess of the height limits set forth herein. a. Single family dwellings shall not exceed 25 feet in height. b. All other buildings may be constructed to any height; however a building exceeding 35 feet in height will be subject to the building spacing require- ments of Section 22.07 (d) 22.07 Building, Location, Setback, Spacing, Length, and Perimeter Setback a. Every structure shall be located to have access to a public street court, walkway or other area dedicated to public use. b. Every structure shall be set back at least 30 feet from the street r.o.w. line. c. No structure shall be erected within a distance of 20 feet from another structure. d. The distance between buildings, building setbacks and setbacks from exterior project area boundary lines shall be increased one additional foot for every foot of height over 35 feet, except that no setback shall be required to exceed 100 feet. e. High rise buildings shall be located in such a way as to dissipate any adverse impact on adjoining low rise buildings and shall not invade the privacy of occupants of such low rise buildings. f. The building setbacks from the exterior boundaries of the R-R PUD project shall not be less than the minimum rear yard in the zoning district where located. g. Off street parking and loading areas shall be located a minimum of 25 feet from the perimeter boundary of R-R PUD. h. The Zoning Board and/or Planning Board may recommend and the City Council may approve more stringent requirements when such measures are considered to be necessary to protect and preserve the privacy and a ruty" of adjacent land uses. 22.08 Common Open Spaces: No open area may be acceptYdas common open a ace under the provisions of the ordinance unless it meets the fcRnvin s: -3- M a. The location, shape, size and character of common open space must be shown on the plan. b. Common open area must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the R-R PUD considering its size, density, expected popu- lation, topography, and the number and type of dwellings provided. c. Common open space must be suitably improved for its intended use but commom open space containing natural features worthy of preservation may be left unimproved. d. Common open space must be either conveyed to a public agency which will agree to maintain it or convey it to a non profit association such as a home owners association, which will be responsible for its maintenance, or there shall be provided by the developer a trust fund for perpetual maintenance of the area. e. If the open space is deeded to any nonprofit association, the developer or owner shall record a declaration of covenants and restrictions that will govern the open space of the association. The declaration shall be sub- mitted with the preliminary development plan. Provisions shall be established but limited to the following: The Association shall be established before the dwellings are sold; Membership shall be mandatory for each buyer and successive buyer; The association shall be responsible for the liability insurance, local taxes and the maintenance of recreational and other facilities; If all or any portion of property held by the Association is being disposed, or if the Association is dissolved, the open space shall be deeded to the City ofe Edgewater, Florida. 22.09 Deed Covenants: The R-R PUD project shall contain such covenants, easements and other provisions relating to the bulk, location and a density of such residential units, non-residential units and public facilities as are necessary for the welfare of the R-R PUD project and are not inconsistent with the best interests of the City. Such legal instruments shall be approved by the City Legal Department. 22. 10 Landscaping and Utility Lines: All required open space, parking lot islands and all land area not otherwise developed shall be landscaped in a manner that enhances the appearance of the R-R PUD project and in accordance to the planting plan as required in Article III, Section 32.01 (b) All utility Basle shall be installed beneath the surface of the ground and a planned layout and specifications to accomplish this requirement shall be submitted to the Zoning Board as an integral part of the R-R PUD application. 22. 11 Off Street Parking. Loading, and Unloading a. Off Street Parking: There shall be designed at the time of submission of the preliminary R-R PUD Plan, permanent off-street parking space in the amount specified herein. Such parking spaces may be provided in a parking garage or properly graded and drained outdoor area. No public rights of way shall be used in determining or providing required off- stre a f ilig. The requkred number of off-street parking spaces are specified below. DA E ti15-0 Residential Single family One space for each dwelling unit Duplex of Multi family One and one half spaces for each family Retail business shopping Two and two tenths (2.2) square feet of Area parking area for every one square foot of gross floor area. In determining area for parking purposes, 400 square feet shall be alloted for each car. This figure includes space assignable to moving lanes, access drives, pedestrian walks, drive up windows and grocery loading areas, as well as land- scaped areas to be incorporated in the city layout. Churches One parking space for each 4 seats in the sanctuary. Golf course, tennis club, One space for every 3 families on membership or swim clubs or minimum of 25 spaces. Social halls, community can- One space for each 4 seats provided for patron -ters, dance halls, private uses, plus 1 space for each 100 square feet of clubs, and assembly halls if floor area or ground area used for amusement not located in conjunction or assembly but not including fixed seats. with shopping areas Hotels One space per unit Restaurants - built in con- One parking space for each 4 seats in rooms junction with a marina for customer services. Marinas One parking space for each boat slip plus 1 boat trailer parking space for every 25 boat slips. b. Off street loading and unloading space: Every building or structure used for business or trade hereafafter erected on the R-R PUD shall have space as indicated herein for the loading and unloading of vehicles off the street. For the purpose of this section, an off street loading space shall have a minimum dimension of 12 ft. x 40 ft. and an overhead cleamace of 14 ft. in height above the street grade. Office building, hotels and One loading space for every 10,000-40,000 other institutional uses sq. ft. of gross floor area, plus one space for each additional 50,000 sq.ft. of gross floor area. Retail and service operations One loading space for each 20,000 sq. ft. of gross floor area. 22.12 Sign and Lighting Requirements: The following sign and lighting requirements shall apply to all uses of the R-R PUD. a. Sign Review and approval: When the final plan is reviewed by the Zoning Board and approved by the City Council, all sign design and locational s shall also be reviewed by the Zoning Board and approved b dr ton , a - 5- b. Sian Height:A sign that is architecturally designed as part of the structure shall not exceed the height of the building wall on which it is located. All other signs shall not exceed twenty feet in height. No sign shall be located on the roof of any structure. c. Sign Proiection: No sign shall project more than one foot from any building wall or canopy edge, or project more than one foot over any walk, drive, parking area, or public way, d, Sian size: No sign shall exceed one square foot of area per two lineal feet of each building wall facing a public street, or facing an access drive if the building has n;o frontage on a public street. e. Sian Placement: All+signs shall be attached to the structure to which the sign advertises. f. Sian Illumination: Illuminatbd,signs shall be limited to those lighted from behind to silhouette letters and figures, a, Sian Design and Color: All signsassociated with a particular use area shall be uniformly designed .and colored. h. Sales Promotion Devices: There shall be no sales promotion devices used on the premises of any hotel marina, and shopping areas. L. Window Advertising: All wondow advertising that consists of paper paste-ons, posters, or other materials shall be prohibited. T. Sidewalk Displays: Sidewalk displays shall be prohibited, k. Flood and Display Lighting: Flood and display lighting shall be shielded so as to prevent direct beaming to residential districts and so as to prevent a direct view of the light source from a residential district. ARTICLE III PROCEDURE Section 30. Pre -Application Conference: Before submitting an application for rezoning to a R-R PUD, an applicant shall confer with the Zoning Board to obtain information and guidance before entering into binding commitments, or incurring substantial expense in the preparation of plans, surveys, and other data. Section 30.1 Within ten (10) days after the pre -application conference above set forth, the Zoning Board shall notify all heads of departments, particularly, but not limited to the City Manager, the Chief of Police, Chief of Fire Department, Director of Utilities and the Director of Public Works, for the purpose of a con- ference with the developer to determine whether or not the needed services for the development can be provided, and under what circumstances they may be provided. Section 31 Application for Rezoning: An application for rezoning to a R-R PUD classification shall be made in accordance with Sections 13 through 15 of the Zoning Ordinance and shall include five (5) copies of all exhibits required by Section 31 or 32. Standards for ground coverage, density, building height, spacing,and length, perimeter setbacks, open space, deed convenants, land- scaping, off-street parking and loading, permitted uses, and signs shall be determined by the requirements and procedures set forth in this Ordinance, which shall prevail over conflicting requirements of the Zoning Ordina e. -6- O it E 31.01 Outline Development Plan: a. The applicant, at his option may accompany his application with an outline development plan as specified in this section. If no outline development plan is filed with the application, the applicant shall accompany his application with a preliminary development plan as required by Section 32 of this Ordinance. b. An outline development plan must include both maps and a written statement, and must show the site in relation to the adjoining uses and zoning classifications. c. The maps may be in general, schematic form and must contain the following information: 1. The existing topographic character of the land. 2. Existing and proposed land uses and the approximate location buildings and other structures. 3. The character and approximate density of dwellings. 4. The approximate location of major thoroughfares and improvements. 5. Public uses, including schools, parks, playgrounds, and other open spaces. d. The written statement accompanying the outline development plan must contain the following information: 1. An explanation of the character of the development. 2. A statement of proposed financing. 3. A statement of the present ownership of all of the land included within the development. 4. A general indication of the expected schedule of development 31.02 Approval of Outline Development Plan a. Within thirty (30) days after the filing of the outline development plan, the Zoning Board shall forward the plan to the City Council with a written report recommending that the plan be disapproved, approved, or approved with modi- fications, and giving reasons for those recommendations. b. The City Council shall give notice of a public hearing according to Section 15 of the Zoning Ordinance. c. If the outline development plan is approved, the City Council shall amend the zoning map to show the R--R PUD District. If the outline plan is approved with modifications, the City Council shall not amend the zoning map until the appli- cant has filed with the City Council written consent to the plan as modified. No building permits may be issued for any development until the final plans have been approved by the City Council under the provisions provided in the following sections. Section 32. Preliminary Development Plan: An applicant seeking approval of a R-R PUD shall submit a preliminary development plan at either of the following times: 1. If no outline development plan has been submitted and approved, at the time of application. 2. If an outline development plan has been approved within six months following its approval. In its discretion and for good cause, the Zoning Board may rec- commend and the City Council may extend for three months the period for the filing of the preliminary development plan. J __09 32.01 Required Exhibits: The preliminary development plan must include all of the following information: a. A site plan drawn to a scale of 1" - 50' showing: 1. A ten foot contour interval toppgraphic map of the project area, prepared by a registered surveyor or engineer. 2. Street systems, plot lines, and plot design, and off-street parking and loading areas. 3. The approximate location of all buildings, structures, and improvements, and open spaces around buildings. 4. Specifications for all improvements as required by the City of Edgewater, zoning ordinance. 5. Areas proposed to be conveyed, dedicated or reserved for parks, parkways, playgrounds, public buildings and similar public and semi-public uses. b. A landscaping and tree planting plan. c. Preliminary elevation and perspective drawings of all proposed structures except single-family residences and their accessory buildings. d. A development schedule indicating: 1. The approximate date when construction of the project can be expected to begin. 2. The stages in which the project will be built 3. The anticipated cost of each development stage 4. The approximate completion dates of each stage, and S. The area and location of common open space that will be provided at each stage. e. Agreements, provisions or convenants as required by this ordinance which governs the use, maintenance and continued protection of the R-R PUD and any of its common open spaces. I. Preliminary engineering plans and specifications of all required improvements, made in accordance with City of Edgewater regulations and specifications and approved by the City Manager. g. A written statement required by Section 31.01 (d) and a key map showing the development in relation to adjoining uses and zoning classifications. This statement and key map will be required only if the outline development plan was not filed. 32,02 Approval of Preliminary Development Plan: a. If no outline development plan has been submitted and approved, the preliminary development plan shall be considered for approval under the procedures provided in Section 31.02. ' { ^�7 �. 6 b. If the outline development plan map has been submitted and approved, the applicant shall file the preliminary development plan with the Zoning Board. c. The Zoning Board shall give notice of the review and provide an opportunity for the following to be heard. 1. Any freeholder of the City of Edgewater, who is on record as having appeared at the hearing on the outline development plan. 2. Any freeholder of the City of Edgewater who has indicated to the Zoning Board in writing that he wishes to be notified. 3. Any proposed building that exceeds 35 ft, in height the developer shall before obtaining building permits, furnish specifications to the Zoning Board of his proposed fire protection plans. Upon the Zoning Board's recommendation, the City Council may approve or approve with conditions the preliminary development plan if it is in substantial compliance with the outline development plan, the regulations of this ordinance, and all other applicable regulations. Section 33. Final Development Plan: The final plan shall be filed with the Zoning Board within six (6) months following the approval of the preliminary development plan. In its discretion and for good cause, the City Council may extend for six (6) months the period for filing of the final development plan. 33.01 Required Exhibits: The final development plan must include all of the following: a. All the information required in the preliminary development plan. b. Any information or modifications as requested by the Zoning Board or the City Council. 33.02 Approval of Final Development Plan: a. The Zoning Board shall give notice of a hearing according to Section 32.02 (c). b. Upon the Zoning Board's recommendation, the City Council may approve the final development plan if it is in substantial agreement to the preliminary plan. The City Clerk shall record the final development plan in the manner provided for recording subdivision plats. Section 34. Performance Guarantee: Prior to the approval of the final plan, the applicant shall either: 1. Install the required improvements for each stage or stages to be developed according to the development schedule, or 2. File a performance bond for each stage or stages to be developed according to the cost estimates of the development schedule. ARTICLE IV BUILDING PERMITS, AMENDMENTS OF THE FINAL DEVELOPMENT PLAN AND ENFORCEMENT Section 40. Building Permits: Building permits shall not be issued until the final plan has been approved. The building inspector shall issue building permits for buildings in the stage or stages according to the approved final development � � e schedule and plan, if the buildings are in conformity to the plan and all other applicable ordinances, codes and regulations. Certificates of occupancy shall be issued for buildings that are completed according to the requirements of the final development schedule and plan and all other ordinances, codes, and regulations. Section 41 Amendments to the Final Plan: No changes may be made in the approved final plan during the construction of the development except upon application to the appropriate agency under the procedures provided below: a. Minor changes in the location, siting, and height of buildings and structures may be authorized by the Zoning Board if required by engineering or other cir- cumstances not foreseen at the time the final plan was approved. No changes authorized by this Section may increase the cubic content of any building or structure by more than ten percent (10%). b. All other changes in use, any rearrangement of lots, blocks, and building tracts, any changes in the provisions of common open spaces, and all other amendments to the approved final plan must be made by the City Council, under the procedures authorized by this ordinance. No amendment may be made in the approved final plan unless they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the communtiy. Section 42. Enforcement: The construction and provision of all of the common open spaces and public and recreational facilities which are shown on the final development schedule and plan must be completed prior to or at the same rate as the construction of dwelling units. At least once every six months following the approval of the final development schedule and plan the building inspector shall review all building permits issued for each development stage and examine with the City Council the construction which has taken place on the site. If they shall find that the rate of construction of the dwelling units is greater than the rate at which common open spaces and public and recreational faciltties have been constructed and provided, the City Council may take the necessary action to stop construction and put the property into a temporary holding zone. Re- application reapproval according to this ordinance would be needed before anything further could be done with the property. ARTICLE V Section 50. Reverter: If tangible construction is not instituted within 12 months from the date of final approval of the final Development Plan, the R-R PUD zoning shall revert to its former zoning. ARTICLE VI DEFINITONS DATE The following definitions shall apply in this ordinance. SY City Manager - The City Manager shall be construed to encompass the Mayor of the City of Edgewater. Common Open Space - Common Open Space is a parcel or parcels of land or an area of water, excepting water bodies dedicated to the public, or a combination of land and water within the state designated for a Resort Residential Planned Unit Development, and designed and intended for the use or enjoyment of residents of the Resort - Residential Planned Unit Development. Common Open Space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the Resort - Residential Planned Unit Development. -10- Planned Unit Development - Planned Unit Development shall meanaan area of land, contr6lied by a single landowner, to be developed as a single entity primarily for a number of dwelling units, the Plan for which does not correspond in lot size, bulk of type of dwelling, density, lot coverage or required open space to the regulations of any one residential district established by any other Sections of this Zoning Ordinance. Development Schedule- A Development Schedule is a comprehensive statement showing the type of development to be completed within various practicable time limits and the order in which such development is to be undertaken, and con- taining the information required by Article III, Section 32.01 (d). Stage - A stage is delineated geographic portion of the total project in which construction is programmed according to the development schedule. ARTICLE VII SUPREMACY CLAUSE Section 70: That all Ordinances or parts of Ordinances and all Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed. ARTICLE VIII Section 80: That this Ordinance shall take effect immediately upon its adoption by t the City Council and approval by the Mayor, The above Ordinance was read in full and passed by vote of the City Council ofithe City of Edgewater, Florida as a regular meeting of said Council held on the 19th day of June, A.D. 1972. The second reading of said Ordinance to be at the Special Meeting of the City Council to be held on June 30, 19T2. The roll call vote of said Council being as follows: Passed by vote of the City Council of the City of Edgewater, Florida at a regular meeting of said Council held on the 19th day of June, 1972, and approved as provided by law; the vote of said Council upon roll call as follows: Approved this 19th June, A.D. 1972. READING DATE SECOND READING This Ordinance was prepared by: