§ 58-70. Planned unit residential development (PURD) district.

(a)

Purpose and intent.

(1)

The planned unit residential development (PURD) district is established to encourage the development of large tracts of land as planned residential areas which provide a more varied and interesting urban pattern and are capable of incorporating new demands in the housing market and changes in design and technology in the building industry.

(2)

Further, the objectives of the PURD district include:

a.

To provide a more desirable living environment than would be possible through the strict application of article requirements;

b.

To encourage developers to use a more creative approach in the development of land;

c.

To encourage a more efficient allocation and maintenance by private initiative of common open spaces within new residential areas;

d.

To encourage variety in the physical development pattern of the city;

e.

To provide for more efficient use of those public facilities and utilities required in connection with the new residential development;

f.

To encourage a variety of dwelling and building types within a neighborhood area; and

g.

To place emphasis on the density of dwelling units per acre rather than on minimum lot sizes, thereby permitting and encouraging a developer to preserve scenic and natural amenities.

(b)

Permitted uses. The uses permitted within this district shall be primarily residential in character, and may include the following:

(1)

Single family detached dwellings;

(2)

Duplex townhouses or cluster housing but excluding garden apartments or density in a single building beyond that defined in this article;

(3)

Multiple-family dwellings provided, however, in no case shall the building height as defined in this article exceed 35 feet. Parapet walls or mechanical equipment and related structures may be added to the building height but in no case shall extend more than five feet above the height limitation established in this section;

(4)

Parks and recreational areas;

(5)

Churches.

(c)

Development requirements and standards for approval.

(1)

The parcel for which a PURD is proposed must be compact in shape and be in a single ownership or control. The parcel must be a minimum of two acres in size, unless provided an exception by the city commission.

(2)

The overall density of development permitted on this tract shall not exceed five units per acre for properties designated as single-family in the comprehensive plan except in the approved PURD areas where the density of single-family, zero lot line or townhouse development may be increased to eight units per acre or ten units per acre for properties designated as low density or multi-family in the comprehensive plan. This calculation shall not include the land areas to be dedicated to the city as road rights-of-way or storm water retention areas necessary for those road rights-of-way. The residential units permitted in this district may be provided by a mixture of housing types provided that the number of multi-family units does not exceed 50 percent of the total residential units; the remaining units shall include cluster housing, attached and detached single family residences.

(3)

Minimum land area per residential unit:

Single family detached\5,000 sq. ft.

Cluster housing/townhouse\2,500 sq. ft.

Multiple-family unit\1,500 sq. ft.

(4)

Minimum land area per residential unit reserved in common open space:

Single family detached\1,000 sq. ft.

Townhouse/cluster housing\2,000 sq. ft.

Multiple-family unit\2,500 sq. ft.

(Required stormwater retention areas shall not be counted toward meeting this requirement.)

(5)

Minimum living area per residential unit:

Single family detached\1,500 sq. ft.

Cluster house\1,200 sq. ft.

Townhouse\1,000 sq. ft.

Multiple-family unit\750 sq. ft.

(6)

There shall be no minimum setbacks, no minimum percentage of lot coverage and no minimum lot widths unless otherwise stated in this section. However, the location of proposed structures shall be shown on the development plan and the development of the PURD shall be subject to the minimum lot size, setback lines, lot coverage or floor area, specified in the approved plan. The proposed location arrangement of structures shall not be detrimental to existing or proposed adjacent dwellings or to the development of the neighborhood.

(7)

When development standards are not proposed and adopted that are different than the applicable single family or low density building and accessory structure requirements, the regulations of this article shall apply.

(8)

A minimum of two off-street parking spaces shall be provided for each residential unit in the planned unit residential development. For single family attached and detached houses, these spaces shall be provided on each residential lot; for the multiple-family units, parking may be provided in small parking areas adjacent to the units served.

(9)

All streets within the PURD shall meet all the requirements outlined in the city's subdivision regulations.

(10)

The common open space and recreational areas may be deeded to the city for general public use. If the city does not accept this land or the developer elects not to offer the areas for general public use, the developer of the PURD shall provide a legally constituted homeowners association which owns and maintains this common open space property. The legal instruments of this association shall be reviewed and shall be acceptable to the city commission. If the property is owned by such an association, this property shall be subject to the city ad valorem taxes. The legal instrument creating this association shall be approved by the city commission.

(11)

The perimeter of the planned unit residential development shall contain a buffer or setback strip of 50 feet to any adjacent private property, if the development includes any building over 30 feet in height. Otherwise a buffer or setback strip of 20 feet shall be provided. When a development contains buildings of differing heights, the buffer or setback strip shall be determined by the height of the building closest to the adjacent private property. No buildings, parking lots or other structures may be located within this area. However, swimming pools and pool decks may be permitted in these buffer areas subject to the normal residential setback requirements. The planning and zoning commission may recommend and the city commission may approve the erection of a fence or wall or the location of other buildings or structures within this buffer area if it is located adjacent to a public street and if those buildings or structures are consistent with the character of the surrounding area or as deemed appropriate to protect the privacy and amenities of the adjacent existing uses. This buffer area may be included in the required open space, but is not required to be, if this land is open to common use and not fenced for the private use of the adjacent residential unit.

(12)

After the completion of a planned unit residential development, the use of the land and the construction, modification or alteration of any buildings or structures within the area covered by the plan shall be regulated by the approved development plan which shall be retained in the office of the building and zoning department of the city.

(13)

No changes may be made in the approved development plan except as provided below:

a.

Minor extensions, alterations or modifications of existing buildings or structures may be permitted after review and approval by the building official provided they are substantially consistent with the purposes and intent of the development plan.

b.

Substantial change in permitted uses, location of buildings or other specifications of the development plan may be permitted, but only after public hearing and approval by the city commission upon receipt of the recommendation of the planning and zoning commission.

(d)

Review and approval procedure. An application for a PURD shall be considered administratively as a petition for rezoning and will be subject to those procedures established in this article. Because of the nature of this district, additional procedures and requirements must be required; these are outlined in the following paragraphs. The application and additional supportive data shall be submitted to the building official.

(1)

Pre-application conference. The applicant for a PURD is encouraged to confer with the city's administrative staff prior to submitting a formal application to discuss the general concept of the plan and to obtain information regarding projected programs and other matters of the city which might affect the development.

(2)

Preliminary concept plan.

a.

Applications for PURD districts shall be accompanied by a preliminary concept plan and supporting documents that properly present necessary basic data such as the location and size of the entire proposed development, the existing and proposed land uses by type and density, the location of existing streets and highways, the location of streets proposed in the development, public uses, such as parks, playgrounds or other open spaces, and typical examples of various proposed buildings. The applicant shall also identify the present ownership of all land included in the development, indicate the expected sequence of development, and define the objectives and intent of the planned unit residential development.

b.

An application for approval of the planned unit residential development (PURD) shall be reviewed by the planning and zoning commission and the city commission in public hearings with final approval being given by the city commission. In the review the following points will be considered:

1.

Adherence to the city's comprehensive planning policies;

2.

The proper relation between the proposed development and the surrounding uses, and the effect of the plan upon the city's comprehensive plan;

3.

The adequacy of existing and proposed streets, utilities, and other public services to serve the development;

4.

The character, design and appropriateness of the proposed land uses and their adequacy to encourage desirable living conditions, to provide separation and screening between uses where desirable to preserve the natural amenities of the land; and

5.

The adequacy of open space areas and recreation facilities within the PURD. If a PURD district is approved, the building official shall change the zoning map to designate the appropriate PURD district and the date of approval. Planned unit residential developments shall also be subject to approval by the city commission receiving upon the recommendation of the planning and zoning commission of a comprehensive development plan (which shall substantially comply with the approved concept plan) prior to issuance of permits or authorization of development.

(3)

Comprehensive development plan. The application shall be supported by a development plan and a written summary of intent, and shall show the relation between the proposed development and the surrounding area, both existing and proposed. The following information shall also be presented for review:

a.

A general location map;

b.

Existing topographic conditions, including contour intervals of one foot based on field surveys or photogrammetric methods;

c.

The existing and proposed land uses and the proposed location of all buildings or structures in the PURD;

d.

The location of existing and proposed streets and major thoroughfares;

e.

The location of all existing and proposed utilities, including a preliminary utility and drainage plan;

f.

The present zoning of the surrounding area;

g.

A legal description of the subject property;

h.

The location and use of existing and proposed public, semipublic, or community facilities such as schools, parks and open spaces. This will include areas proposed to be dedicated or reserved for community or public use as required by this district;

i.

Perspective drawings of representative building types except for detached single-family dwellings and their accessory buildings. These drawings should indicate general architectural type and appearance; and

j.

If a proposed development creates special problems or involves unusual circumstances or if the planning and zoning commission desires additional information to more adequately evaluate the proposal, such data may be required. Examples include an off-street parking and loading plan, an economic feasibility report or market analysis, a traffic study and circulation plan for the area or any other information needed.

(4)

Development report. The applicant shall submit a written statement with the plan that shall include the following information:

a.

A state of the present ownership of all land within the proposed development;

b.

An explanation of the character of the PURD, including a summary of acres for each use, the number of dwelling units and the gross density by type of land use. The statement shall include standards for floor area ratio, lot size, yard and spacing requirements for each type of dwelling unit. In the event any standards are not included in the development report, the applicable zoning standards for the single family, cluster housing or multi-family housing shall be utilized. This shall apply to the principal structure as well as any accessory structures such as swimming pools, fences, walls, etc.

c.

A general statement of the proposed development schedule and progression of unit division or staging;

d.

Statement giving the proposed ownership of the multiple-family units; and

e.

Agreements, provisions and covenants which govern the use, maintenance, and protection of the development of common or open areas where public dedication is not contemplated.

(5)

Staff review. After all required information has been received, the administrative staff of the city will have 30 days to review it. During this time, the staff may require the applicant to provide additional information which it deems necessary to adequately consider the comprehensive development plan.

(6)

Public hearings. After this review period, the planning and zoning commission and city commission will hold public hearings. The administrative staff will present its recommendations to the commissions at these hearings. Approval of the comprehensive development plan will be contingent upon its conformance to the approved preliminary concept plan.

(7)

Subdivision plan. The applicant may file a preliminary subdivision plan with the development plan in order that tentative approval of the subdivision may be granted by the planning and zoning commission. In no case, however, shall subdivision approval precede approval of the development plan. The building official shall issue building permits for structures in the area covered by the approved comprehensive development plan if they are in substantial conformity with the approved preliminary concept plan, the development schedule, and with all other applicable regulations. If the developer questions the building official, the matter will be resolved by the planning and zoning commission.

(8)

Revision of comprehensive development plan. Any major or substantial changes in the approved comprehensive development plan which affects the intent and character of the development, the land use pattern and density, the location or dimensions of streets or structures, or similar substantial changes shall be reviewed and approved by the city commission subsequent to the receipt of the recommendation of the planning and zoning commission. A request for a revision of the comprehensive development plan shall be supported by a written statement of why the revisions are necessary or desirable. The planning and zoning commission or city commission may require any additional supportive data they deem necessary.

(9)

Duration of approval. Approval by the city commission shall be for one year or the submitted development schedule. If no construction has begun within one year after approval of the development plan, or if the applicant fails to maintain the approved development schedule, the approval of the comprehensive development plan shall lapse and be of no further effect. If the approval of the comprehensive development plan lapses under this provision the comprehensive development plan shall automatically be removed from the official zoning map and the area shall automatically revert back to the zoning district which applied to the area prior to the approval of the comprehensive development plan. The city clerk shall also file a notice of revocation with the recorded comprehensive development plan.

(e)

Approved development plan standards for approved PURDs. Except as shown below, the applicable zoning standards (based on the comprehensive plan) shall apply for all principal and accessory structures. See section 58-71 "general provisions for residential zoning districts" for applicable standards for corner lots, accessory structures, fences, and other miscellaneous criteria not included within the PURD development standards. In addition, for Waterbridge and Windsong subdivisions, the development standards of section 58-65 Lakefront (R-1AAA) district, subsection (f)(8) "side wall articulation" shall be applied and other development standards of subsection 58-65(f) may be utilized in lieu of the Waterbridge or Windsong development standards if used exclusively without mixing the two sets of development standards within one property. However, the Windsong subdivision standards shall apply for lot types "A," "B," and "C," exclusively. The building heights in subsection 58-65(f)(2) shall apply in all PURDs, and the impervious coverage criteria of subsection 58-65(f)(2) shall apply to single-family home lots in Waterbridge Subdivision.

(1)

Winter Park Oaks and Waterbridge as shown below:

	Setbacks	Winter Park Oaks	Waterbridge
	Front	20'	25' Single Family 20' Zero Lot Line
	Side	5'	10' Single Family 10' (one side) Zero Lot Line
	Rear	10' lots 1-20 & 26-40 15' lots 21-25	20' Single Family 10' Zero Lot Line

 

(2)

Alabama Hotel: Only as shown on development plan report.

(3)

Winter Park Towers Village: Only as shown on development plan report.

(4)

Genius or Windsong property as shown below:

Lot Type*	A	B	C(12)	D(9)	E(11)	F(10)	G(8)
Lot width	200'	150'	125'	125'	100'	100'	60'
Lot depth	435'	300'	200'	150'	150'	100'	105'
Max. density (DU/AC)	.5	.97	1.7	2.3	2.9	4.4	6.0
Minimum Setbacks:
Front	50'	35'	25'	25'	25'(1)(2)	20'(1)	15'(3)
Side	30'	25'	15'	15'	10'	10'	5'
Rear	75'	50'	25'	25'	25'	20'	20'
Lake (4) (5)	75'	75'	75'	—	—	—	—
Min. living area	2,500 s.f.	2,000 s.f.	1,800 s.f.	1,500 s.f.	1,500 s.f.	1,500 s.f.	1,200 s.f.
Max. height	40'	35'	35'	35'	35'	35'	30'
Max F.A.R. (%)	20%	25%	30%	33%	33%	38%	45%(6)
Max. impervious surface (%)	35%	40%	45%	50%	50%	50%	55%(7)
1. The front setback may be reduced to 20 feet if the house includes a front porch. 2. The front setback may be reduced to 20 feet if the lot fronts upon a common green/park. 3. Garages must be set back a minimum of ten feet behind the primary facade line. (please see Item 14 below for exceptions) 4. Setback is from normal high water elevation. 5. Minimum setback for all site improvements, (pools, patio, etc.). 6. The maximum FAR on all lots within Windsong-Elizabeth's Walk will be 45 percent, except for lots 2-6, 9-20, 49-50, and 61-62, for which the maximum FAR will be 55 percent; and lots 33-47, for which the maximum FAR will be 33 percent. 7. The maximum impervious surface on all lots within Windsong-Elizabeth's Walk will be 55 percent, except for lots 2-6, 9-20, 49-50, and 61-62, for which the maximum impervious surface will be 65 percent; and lots 33-47, for which the maximum impervious surface will be 50 percent. All other development standards for lots 33-47 Windsong-Elizabeth's Walk, shall conform to those listed as Type "E" lots referenced above. 8. The house constructed on Windsong-Elizabeth's Walk, lot 1 will be limited to single story in height. 9. Lots 13 and 32-34 in Windsong-North Shore are less than 18,750 sq. ft. and less than 125 feet in width, as approved by the city commission. 10. The minimum lot width for lots 6 and 7, Windsong-Lakeside Section One is 87.5 feet; for lots 8-10 Windsong-Lakeside Section One the minimum lot width is 90 feet; and the minimum lot width for lots 1-12 Windsong-North Shore is 95 feet, as approved by the city commission. 11. The rear yard setback for lots 39 and 40 Windsong-Lookout Landing shall be 35 feet, and the house on these two lots shall be limited to single story in height. 12. Lots are permitted 35 feet of building height, if side setbacks to that second story component over 30 feet in height are increased to 15 feet. 13. As per Windsong-Lakeside Section One, the front setback on Mizell Avenue for new construction after October 1, 2001 shall be 20 feet for lot 1, 25 feet for lot 2, 30 feet for lots 3, 4 and 5, 40 feet for lots 6 and 7 and 30 feet for lots 8, 9 and 10. 14. The waters edge for any pool on all of the lots within Windsong (lot types A—G) may be placed to the edge of the respective minimum side yard setback referenced above, and to within 10 feet of all rear property lines, within the respective rear yard setback. Pool decks may be placed within the side or rear yard setback, up to one-half of the distance within the respective side or rear setback for a particular lot type. Screen pool enclosures may be permitted at a ten-foot set back if limited to one-story in height, as per zoning regulations. Setbacks on lakefront lots may be permitted by the planning and zoning commission at a 60 feet setback in lieu of the required 75-foot setback and the side setbacks on lakefront lots may also be reduced to 12.5 feet in lieu of the required 25 feet by the planning and zoning commission if deemed advisable to preserve existing trees 15. As to Elizabeth's Walk, the following additional development standards shall apply: (a) HVAC equipment may be placed within the side yard setback lines for lots 1-32 and 48-71 Elizabeth's Walk. To screen the equipment from the adjacent lot, a minimum four-foot high stucco-concrete block and/or brick screen wall, shall be constructed on the side yard property line. If visible from the front street, landscaping shall be used in front of said HVAC equipment, so as to screen the equipment from the front;
(b) The front and rear yard setbacks for lots 2-6, 9-20, 30-31, 48-51 and 60-63 Elizabeth's Walk may be reduced to ten feet provided the front and rear setback is ten feet only on houses with front side entry and rear side entry garages. In addition, the front yard setback may be further reduced by three feet on lots 1-32 and 48-71, in Elizabeth's Walk, in the event the additional three-foot setback relief is utilized for a deeper front open porch on the respective house. On any lot where the front and rear yard setback is reduced to ten feet, a corresponding increase in the side yard setback will be required, as follows: •On houses that are two-story with a front garage, the side setbacks will increase to 13 feet total (with five feet minimum on one side). •On houses that are one-story with a rear-entry garage, the side setbacks will increase to 15 feet total (with five feet minimum on one side). •On houses that are two-story with a rear-entry garage, the side setbacks will increase to 20 feet total (with seven feet six inches minimum on one side). •On houses that are one-story with a front garage, the side yard setbacks shall remain ten feet total (with five feet on each side). •On houses that have a front-entry garage (garage doors facing the street), the garage front facade shall be setback a minimum to ten feet behind the primary house facade line. If the front garage plan has a side-entry or courtyard-entry garage (no garage doors facing the street), the garage front facade may be placed at the respective front yard setback line. (c) All corner lots shall be allowed to have rear-entry garage plans, with the driveway exiting the side street. (d) Any lots with a rear-entry garage may be connected to the main house by an enclosed or unenclosed breeze way, which connection will be counted in the FAR for the house, (e) All front garages on any lot with a reduced front yard setback must be one-story in height and function, and all rear-entry garages which back up to Glenridge Way must be one-story in height and function, however Lots 2-6 Elizabeth's Walk, which back up to Preserve Point Drive, may have a two-story function on the rear-entry garage, subject to additional tree plantings within the rear of said lot, or within the landscaping buffer outside the lot and the seven-foot Preserve Point wall, to screen any two-story function on said lot.

 

*See Plats of Windsong—Chart Attached

(5)

Pennsylvania Place property as shown below:

a.

Lots 1 and 29:

15-foot side buffer on the outside of each lot (side facing adjoining property).

Ten-foot side setback on inside of each lot (side facing neighboring home within the property).

Front and rear setbacks 25 feet.

b.

Lot 2:

20-foot street side setback.

Ten-foot interior side setback.

Front and rear setback 25 feet.

c.

Lots 3—16:

Side setbacks of 5 feet, both sides.

Front setbacks of 25 feet.

Rear setbacks, 25 feet from centerline.

d.

Lots 17—20:

Setback 15 feet from closest edge of access easement.

Setback 20 feet from closest edge of pavement.

Ten-foot side setbacks.

e.

Lots 21—27:

Front setback 25 feet.

Rear setback 20 feet from closest edge of pavement.

Ten-foot side setbacks.

f.

Lot 28:

Front and rear setback 25 feet.

Ten-foot side setbacks.

g.

Corner lots 21, 24 and 25:

20-foot street side setback.

h.

Maximum floor area ratio for all lots is 38 percent.

i.

No additional setback for the second story up to 30 feet in height and on lots 90 feet or greater, 35 feet is permitted with a side setback of 15 feet to that second story component over 30 feet in height.

j.

Impervious coverage up to 50 percent (excluding private alleys) and up to 55 percent for one-story houses without semi-circular driveways.

k.

Lots with 25-foot street front setbacks may reduce front setback five feet for front porch.

(6)

Within the single-family lots of Waterbridge Subdivision and on Lot types A through E in the Windsong Subdivision containing residences that are 5,000 square feet or larger in gross floor area, a second kitchen may be included in a dwelling or cabana subject to not having a separate utility meter and not allowing this portion of the dwelling to be rented, let or hired out for occupancy whether compensations be paid directly or indirectly and subject to executing a deed restriction which outlines the above restrictions. That deed restriction shall be recorded prior to the issuance of the building permit and shall be removed only with the consent of the city.

(Ord. No. 2296, §§ 1, 2, 4-13-99; Ord. No. 2336, § 1, 12-14-99; Ord. No. 2344, §§ 1, 2, 5-9-00; Ord. No. 2443-01, § 3, 10-9-01; Ord. No. 2453-02, § 1, 1-8-02; Ord. No. 2510-03, § 3, 4-8-03; Ord. No. 2601-04, § 3, 9-13-04; Ord. No. 2795-10, § 3, 2-22-10; Ord. No. 2875-12, § 3, 6-11-12; Ord. No. 3096-17 , § 3, 12-11-17)