ARTICLE VII OVERLAY DISTRICTS AND AREAS

Transcription

1 ARTICLE VII OVERLAY DISTRICTS Section 7.1 Special Overlay Districts Special Overlay Districts may be created by the City of Mascotte to facilitate unique development activities where there is need for coordination between different land owners in the development of projects where there are special issues of infrastructure, environmental protection, employment activities, protection of historic resources, or other public issues deemed by the City Council to be appropriate for special treatment. There are two current Special Overlay Areas: (1) the Downtown Mixed-Use Community Redevelopment Area, and (2) the Green Swamp Overlay Area. It is the intent of the City that the designation of a Special Overlay District shall put landowners, developers, and the general public on notice that special opportunities exist for the development of the area and, concurrently, that special provisions or limitations may be placed on projects within the area; identify specific standards to be followed in the development of the area, which standards shall supersede conflicting general standards of this Code, but which shall not be inconsistent with the Comprehensive Plan. A) Establishment Procedures The City Council may, from time to time by ordinance, create, dissolve, and/or modify Special Overlay Areas. The following procedures shall be applicable to the adoption of any such ordinance: 1) The proposal to create or modify a Special Overlay Area shall include a statement of intent, specific boundaries, and a special development plan identifying the proposed special regulations to be applicable therein. Maps and diagrams, in addition to text, to explain the general intent and the specific regulations being adopted shall also be included with the Plan to delineate the conceptual spatial and aesthetic aspects pertaining to each Special Overlay Area. Special development plans formulated for all Special Overlay Areas shall, at a minimum, identify specific standards pertaining to potential uses of the property, setbacks, size/height/bulk of buildings, provision for mixed- and multi-use development, including housing options, master infrastructure requirement, stormwater management, vehicular access provision including cross access, shared access, limited access and planning for future roadway improvement, architectural compatibility, historic preservation, signage, landscaping, pedestrian access, parking, lighting, and the protection of natural resources including trees, lakes and wetland areas. In order to promote VII-1

2 flexibility and design innovations, each special development plan shall identify areas where the strict application of standard land development regulations may be waived in return for alternative development options which promote the intents of each Special Overlay Area. 2) All notices regarding public hearings to consider the creation or modification of the Special Overlay Area shall include reference to the plan and to the location where it can be reviewed. All notices shall also explain that the plan can be modified at the time of adoption of the ordinance, within the limitations of Chapter 166, Florida Statutes. All owners having properties situated within the proposed boundaries of each Special Overlay Area shall also be notified by mail at least (10) days prior to the public hearings before City Council for adoption of the ordinance. Individual properties do not need to be posted and no notice to surrounding property owners is required in connection with the hearings before the Planning and Zoning Board and the City Council. 3) The boundaries of the Special Overlay Area shall be shown on the Official Zoning Map along with a reference to the existence of special development standards and the location where the special development plan containing such adopted special standards can be reviewed. Where the establishment of a Special Overlay Area, or the subsequent approval of a development within such Area, is inconsistent with the provisions of the adopted Comprehensive Plan, the City shall consider the amendment of the Plan and may review and approve the proposed Special Overlay Area and/or individual developments therein in concert with the approval of any necessary Plan amendments. B) Administration of a Special Overlay Area: The designation of a Special Overlay Area shall not establish any special requirements for development review procedures except as may be contained within this Section. Before any change of zoning, subdivision approval, or site plan approval is granted within a Special Overlay Area, the approving authority shall review this Section and shall find that the approval is consistent with this Section, as well as with all other applicable requirements of this Code. No approval shall be granted which would violate the provisions of this Section and the special regulations contained within the individual special development plans. It is the intent of this Section that there be substantial coordination between the City and the different land owners within the Special Overlay Area during and after establishment of each Special Overlay Area. To accomplish this, the City VII-2

3 Manager shall have primary oversight responsibility for each area and, from time to time, convene meetings between the various land owners within the Special Overlay Area and interested governmental agencies to implement the provisions of this section. Additionally, it shall be the primary responsibility of the City Manager to recommend to the City Council each special development plan in consultation with area landowners. In order to expedite the formulation of each special development plan, owner or owners within each Special Overlay Area may contribute funds to permit the City to retain a consultant who will assist Staff in preparing the required documentation. VII-3

4 Section 7.2 Community Redevelopment Area (CRA) Downtown Overlay District A) CRA Downtown Overlay District Legal Description A portion of Sections 10, 11, 14, 15, and 16, Township 22 South, Range 24 East, City of Mascotte, Lake County, Florida, being more particularly described as follows: BEGIN at the South ¼ corner of said Section 14, being on the centerline of Avondale Road, a right of way as shown on Midway, Plat Book 11, Pages 10 & 11, Public Records Lake County, Florida; thence Northerly to the Southeast corner of Lot 23, said Midway; thence Northerly along the East line of said Lot 23 to the Northeast corner thereof; thence Westerly along the North line of Lots 14-23, said Midway to the Northwest corner of said Lot 14; thence Westerly to the Southeast corner of Comunicasa Subdivision, Plat Book 30, Page 77, said Public Records; thence Westerly along the South line of said Comunicasa Subdivision to the East Line of the Southeast ¼ of said Section 15; thence Northerly along said East line to the Southeast corner of the North ½ of the Southeast ¼ of said Section 15; thence Westerly along the South line of said North ½ of the Southeast ¼ of Section 15 to the Southwest corner thereof; thence Westerly along the South line of the Northeast ¼ of the Southwest ¼ of said Section 15 to the Southwest corner thereof; thence Northerly along the West line of said Northeast ¼ of the Southwest ¼ to the Northwest corner thereof; thence Northerly along the East line of the Southwest ¼ of the Northwest ¼ of said Section 15 to the Southeast corner of the North ½ of said Southwest ¼ of Northwest ¼; thence Westerly along the South line of said North ½ of Southwest ¼ of Northwest ¼ to the East line of the Northeast ¼ of said Section 16; thence Northerly along said East line to the Southeast corner of the Southeast ¼ of the Northeast ¼ of the Northeast ¼ of said Section 16; thence Westerly along the South line of said Southeast ¼ of the Northeast ¼ of the Northeast ¼ to the Southwest corner thereof; thence along the West line of said Southeast ¼ of the Northeast ¼ of the Northeast ¼ to the Northerly right of way of State Road 50; thence Northeasterly along said Northerly right of way line to the West line of the Northwest ¼ of said Section 15; thence Northerly along said West line to the Northwest corner thereof; thence Northerly along the West line of the Southwest ¼ of said Section 10 to the Westerly extension of the Northerly right of way line of Lotus Path, a foot right of way as shown on Mascotte Hills Unit 1, Plat Book 8 Page 70, said Public Records; thence Easterly along said Westerly extension, the Northerly right of way line of said Lotus Path, and the Easterly extension thereof to the Northeasterly right of way line of Hibiscus Road, a foot right of way as shown on said Mascotte Hills Unit 1; thence Southeasterly along said Northeasterly right of way line to the Northwesterly right of way line of Jefferson VII-4

5 Street said Mascotte Hills Unit 1; thence Northeasterly along said Northwesterly right of way line to the Southwesterly right of way line of Tuscanooga Road said Mascotte Hills Unit 1; thence Northeasterly to the most Westerly corner of Tract A, Courtney Park Phase 1, Plat Book 41, Pages 90 & 91, said Public Records; thence along the Northerly line of said Tract A to the North line of said Section 15; thence along said North line to the Westerly right of way line of Sunset Street (Groveland Farms Road, said Midway); thence Northerly along said Westerly right of way line to the North line of the Southeast ¼ of said Section 10; thence Easterly along said North line to the West ¼ corner of said Section 11; thence Easterly along the North line of the Southwest ¼ of said Section 11 to the Easterly right of way line of County Road 33 (formerly State Road 33); thence Southerly along said Easterly right of way line to the North line of Tract 4, Bluff Lake Estates, Plat Book 11, Page 79, said Public Records; thence Easterly along said North line to the Northeast corner thereof; thence Southerly along the East line of said Tract 4 and the Southerly extension thereof to the South right of way line of Underpass Road; thence Easterly along said Southerly right of way line to the Westerly right of way line of American Legion Road; thence Southerly along said Westerly right of way line to the South line of the Northeast ¼ of the Northwest ¼ of said Section 14; thence Easterly along said South line to the Southeast corner thereof; thence Easterly along the North line of the South ½ of the Northeast ¼ of said Section 14 to the East line of said Section 14; thence Southerly along said East line to the Southeast corner thereof; thence Westerly along the South line of the Southeast ¼ of said Section 14 to the POINT OF BEGINNING; Containing approximately 1,000 acres, more or less. VII-5

6 B) Maps of the CRA Downtown Overlay District (Map 7-1) (Map 7-2) VII-6

7 C) Overview of Development Standards in the CRA Overlay Area. The Downtown Special Overlay Area is established to facilitate development and redevelopment in the City s Community Redevelopment Area (CRA). This overlay area is developed to respond to the need for coordination between different land owners in the development of high density, mixed- and multi- use projects involving special issues of infrastructure, environmental protection, employment activities, protection of historic resources, or other public issues deemed by the City Council to be appropriate for special treatment. It is the intent of the City that the designation of a Special Overlay Area shall put landowners, developers, and the general public on notice that special opportunities exist for the development of the area and, concurrently, that special provisions or limitations may be placed on projects within the area; identify specific standards to be followed in the development of the area, which standards shall supersede conflicting general standards of this Code but shall not be inconsistent with the Comprehensive Plan. All property within the CRA district has been rezoned to Planned Unit Development (PUD). Development within this area must be processed using detailed land use (preliminary) plans, developers agreements and conceptual elevation plans that include colors and materials to be used on the buildings. These design standards are indicative of those required under the PUD zoning development processes noted elsewhere in this code (Art. III-Sec. 3.10). The objective of the Downtown Special Overlay Area is to attract reinvestment in the downtown area of Mascotte through flexible land development regulations and codes, innovative designs, such as on-street parking, pedestrian ways, and mixed-use scenarios. Density allowances, among other incentives may be offered to developers to attract them to the area. Downtown redevelopment can benefit the City by increasing the tax base. Benefits to residents include increased property values, a unique visual and pedestrian experience, and opportunities to live and work within the same community, and economic viability to those who own property within the area. Proposed development schemes should include visual landmarks and public areas; quality pedestrian areas; mixed uses, including retail, general commercial, restaurants, a variety of residential uses and professional offices and services. Within the Downtown Special Overlay Area, pedestrian travel shall be encouraged by guiding the use and setbacks of buildings, and street and sidewalk design. Buildings should be close to the street and may include retail and restaurant uses on the first floor. Sidewalks should include benches and landscaping. The street design should provide for well planned corridors that are aesthetically pleasing and pedestrian oriented. In order to achieve high quality development which also promotes innovative design concepts and flexibility, the following components shall be considered by the City when formulating standards applicable to the Downtown Special Overlay Area: 1) The arrangement of uses and structures designed to encourage compatible mixed -and multi-use developments within a master-planned environment. VII-7

8 2) The provision for adequate transportation systems to serve the development including sufficient rights-of-way, street extensions, shared access, cross access, internal circulation; capacity improvements, bicycle facilities, mass transit facilities, turning lanes, access restrictions and signalization. 3) The provision of shared infrastructure for parking, sanitary systems, water systems, and stormwater management facilities as well as public utilities. 4) The provision of upgraded landscaping, parking facilities, pedestrian amenities, and signage controls as well as standards promoting architectural compatibility within the development. 5) The preservation of natural amenities on site including trees, water bodies, wetlands, wildlife habitat, and open space Section 7.3 Green Swamp Overlay Area A) Green Swamp Area The GSACSC was designated in 1979 by the Florida Legislature pursuant to the Florida Statutes. This legislation set forth the requirements of the designation that are also found within the Florida Administrative Code. The boundary of the GSACSC is legally described within Rule Chapter 28-28, FAC, and is also described as follows: All that certain lot, piece, or parcel of land situated, lying, and being in Lake County, in the State of Florida, being more particularly described as follows: Beginning at a point in Section 34, Township 24 South, Range 24 East, which point is the southwest corner of said Section 34, and running thence in Lake County, north along the west boundary line of Sections 34, 27 and 22 in Township 24 South, Range 24 East, a distance of three (3) miles; thence turning and running east along the north boundary line of Section 22 in Township 24 South, Range 24 East, to the point of intersection of the north boundary line of said Section 22 and the westerly right-of way line of the Seaboard Coast Line Railroad; thence Northwesterly along the westerly right-of-way line of the Seaboard Coast Line Railroad to a point in the north boundary line of Section 4, in Township 24 South, Range 24 East, a distance of 3.5 miles, more or less; thence turning and running west along the boundary between Townships 23 and 24 South, which boundary is the south boundary line of Sections 33 and 32 in Township 23 South, Range 24 East; thence turning and running north along the VII-8

9 west boundary of Section 32 in Township 23 South, Range 24 East, a distance of one mile; thence turning and running east along the north boundary line of Sections 32 and 33 in Township 23 South, Range 24 East to a point in the westerly right-of-way line of the Seaboard Coast Line Railroad; thence turning and running northwesterly along the westerly right-of-way line of Seaboard Coast Line Railroad to a point, which point is in the boundary between Ranges 23 East and 24 East, which point is also in the west boundary of Section 31 in Township 22 South, Range 24 East, a distance of six miles more or less; thence turning and running north along the boundary between Range 23 East and Range 24 East to a point in the southerly right-of-way line of the Seaboard Coast Line Railroad, a distance of 3.25 miles, more or less; thence turning and running east along the south right-of-way line of said Seaboard Coast Line Railroad to a point in the east boundary line of Section 16 in Township 22 South, Range 24 East; thence turning and running south along the east boundary line of Section 16, in Township 22 South, Range 24 East, a distance of one-half mile; thence turning and running east along the north boundary line of Section 22 in Township 22 South, Range 24 East, a distance of one mile; thence turning and running south along the east boundary line of Section 22 in Township 22 South, Range 24 East, a distance of one mile; thence turning and running east along the north boundary line of Sections 26 and 25 Township 22 South, Range 24 East and Section 30 in Township 22 South, Range 25 East, a distance of three miles; thence turning and running north along the west boundary of Section 20, Township 22 South, Range 25 East to a point in the south right-of-way line of State Road 50, a distance of one-half mile, more or less; thence turning and running east along the south rightof-way line of State Road 50 to a point in Section 23, Township 22 South, Range 25 East, which point is the point of intersection of State Road 50 and the east boundary of the canal which connects Lake Minnehaha and Lake Minneola; thence turning and running south along the eastern bank of said canal and continuing south along the eastern shore of Lake Palatlakaha to a point in the westerly right-of-way line of State Road 561, a distance of one-half mile, more or less; thence Southerly along the westerly right-of-way line of State Road 561 to a point in Section 11, Township 23 South, Range 25 East, which point is the point of intersection of State Road 561, a distance of one-half mile, more or less; thence turning and running west along the north right-of-way line of State Road 565B to a point in the west boundary line of Section 11 in Township 23 South, Range 25 East, a distance of one-quarter mile, more or less; thence South along the west boundary line of Sections 11 and 14 Township 23 South, Range 25 East, a distance of 1.5 miles, more or less; thence East along the south boundary line of Sections 14 and 13 in Township 23 South, Range 25 East, a distance of two miles; thence North along the west boundary line of Section 18 and 7 in Township 23 South, Range 26 East, to a point in the north right-of-way line of Hull Road, VII-9

10 which is depicted on the February 1969 edition of the Florida State Road Department General Highway Map of Lake County as a graded and drained road skirting the south end of Lake Susan while running approximately along the north boundary line of Section 12 in Township 23 South, Range 25 East; thence turning and running west along the north right-of-way line of Hull Road a distance of one-half mile, more or less, to a point in Section 12, Township 23 South, Range 25 East, which point is the intersection of the north right-of-way line of Hull Road with the east right-of-way line of Lake Shore Road, which is depicted on the February 1969 edition of the Florida State Road Department General Highway Map of Lake County as a paved road running west and then north of Lake Susan; thence turning and running north, then easterly, along the easterly, then southerly, right-of-way line of Lake Shore Road a distance of 1.5 miles, more or less, to a point in Section 6, Township 23 South, Range 26 East, which point is the intersection of the southerly right-of-way line of Lake Shore Road, with the west right-of-way line of Lake Louisa Road, which is depicted on the February 1969 edition of the Florida State Road Department General Highway Map of Lake County as a bituminous road running in a north-south direction to the east of Lake Susan and skirting the northeast shoreline of Lake Louisa; thence turning and running south, then southeasterly, along the westerly right-of-way line of Lake Louisa Road to a point in Section 16, Township 23 South, Range 26 East, which point is the intersection of the westerly right-of-way line of Lake Louisa Road with the west right-of-way line of United States Route 27 (State Road 25), a distance of four miles, more or less; thence South along the west right-of-way line of United States Route 27 to a point of intersection of the south boundary of Lake County and the north boundary of Polk County; thence turning and running west, then north, then west, then south, then west along the south boundary of Lake County, to the point of beginning, specifically excluding and exempting Lake Louisa State Park. VII-10

11 B) Map of the Green Swamp Overlay District C) Overview of Development Standards in the Green Swamp Overlay Area. The Green Swamp Overlay Area is established by the City of Mascotte to effectively and equitably conserve and protect the Green Swamps environmental and economic resources, provide a land and water management system to protect such resources, and facilitate orderly and well-planned growth. The protection objectives are: 1) Minimize the adverse impacts of development on resources of the Floridian Aquifer, wetlands, and flood detention areas. VII-11

12 2) Protect the normal quantity, quality, and flow of groundwater and surface water, which are necessary for the protection of resources of State and regional concern. 3) Protect the water available for aquifer recharge. 4) Protect the functions of the Green Swamp Potentiometric High of the Floridian Aquifer. 5) Protect the normal supply of ground and surface waters. 6) Prevent further salt-water intrusion into the Floridian Aquifer. 7) Protect or improve existing ground and surface water quality. 8) Protect the water-retention, and biological filtering capabilities of wetlands. 9) Protect the natural flow regime of drainage basins. 10) Protect the design capacity of flood detention areas, and the watermanagement objectives of these areas through the maintenance of hydrologic characteristics of drainage basins. D) In order to achieve these objectives, the following regulatory guidelines are established: 1) Site Planning. The platting of land shall be permitted only when such platting commits development to a pattern which will not result in the alteration of the natural surface water flow regime, and which will not reduce the natural recharge rate of the platted site. 2) Site Alteration. Site Alteration shall be permitted only when such alteration will not adversely affect the natural surface water flow regime, or natural recharge capabilities of the site; and when it will not cause siltation of wetlands, or reduce the natural retention and filtering capabilities of wetlands. All site alteration activities shall provide for water retention and settling facilities, maintain an overall site runoff equivalent to the natural flow regime prior to alteration, and maintain a runoff rate which does not cause erosion. No site work shall be initiated prior to the issuance of drainage/stormwater permits by concerned agencies. 3) Soils. All exposed soils as a result of site alteration or development activities shall be located and stabilized in a manner to prevent the alteration of the VII-12

13 natural flow regime. All soil exposed as a result of site alteration or development activities shall be restored with suitable vegetation. 4) Groundwater. Ground water withdrawal shall not exceed the safe yield per acre as determined by the St. John s River or the Southwest Florida Water Management Districts, or its successor agency. 5) Stormwater. Pre-treated Stormwater runoff shall be released into the wetlands in a manner approximating the natural flow regime if consistent with the stormwater management ordinance. Any industrial waste, sewage, or other man-induced wastes shall be effectively treated by the latest technological advances, and shall not be allowed to discharge into these waters unless in conformance with FDEP rules and regulations. 6) Solid Waste. There shall be no solid waste facilities located in the Green Swamp. 7) Waste Water Treatment Plants/Facilities. There shall be no waste water treatment plants or facilities located in the Green Swamp. 8) Structures. Structures shall be placed in a manner that will not adversely affect the natural flow regime, and which will not reduce the recharge capabilities. Placement of structures shall be consistent with sound floodplain management practices such as compliance with the Flood Disaster Protection Act of ) The impervious surface ratio shall be limited to 30 percent of the site. 10) Sixty percent of the project site shall be retained as open space. 11) Development shall be clustered on uplands away from environmentally sensitive lands. 12) A qualitative wetland study is required for all developments in excess of 100 acres. The purpose of said wetland study is to maintain the integrity of wetland systems. 13) A study for threatened and endangered species and species of special concern is required for all proposed developments exceeding 50 acres. If it is determined that listed species are located on the site, a habitat management plan must be prepared using guidelines and protocols of the FFWCC. This plan must be reviewed by FFWCC prior to the issuance of a development order by the City. VII-13

14 14) No exotic or nuisance plant species shall be used in landscaping. 15) Within the GSACSC it will be unlawful for any person to dispose of any type of sludge from a wastewater treatment plant or land spreading of septage from septic tanks. 16) New river and stream crossings will be prohibited unless required for site access. 17) Silvicultural and agricultural activities shall follow Best Management Practices as identified in other policies of the Plan. 18) For all developments in the GSACSC that propose the use of septic tanks, the following criteria shall apply: a) All septic tanks and all the drainfields shall be required to have a 75 feet setback from the furthest upland extent of any wetland using the most extensive determination of the wetland area by the DEP, the appropriate WMD, the Army Corps of Engineers, or Department of Environmental Protection. b) At least once every five (5) years, or except as otherwise provided herein, the lot owner shall have all septic tanks cleaned and inspected in accordance with the requirements of the Lake County Public Health Unit. The Lake County Public Health Unit shall require that the septic tank be cleaned, that the mound, drainfield and septic tank system be in good working order and in compliance with the standards of Chapter 10D-6, FAC, and the standards described herein. The Lake County Public Health Unit shall assess a fee to be paid by the lot owner to cover the costs of administering this program. The lot owner shall make all repairs that are necessary to bring the septic tank system in compliance with all the requirements hereof. c) The developer shall disclose the above conditions to the purchaser of the lot by including them on the sales contract or deed, as appropriate. 19) Wetlands within a project shall be placed in a conservation easement, which shall run in favor of, and be enforceable by, the City, other governmental agency or a qualified non-profit conservation organization. The conservation easement shall require that the wetlands be maintained in their natural and unaltered state. The entity accepting said conservation easement shall enforce its provisions. In addition, wetlands shall not be included as part of any platted lot, but the wetland shall be shown on the plat as a common area, which shall be dedicated to the homeowners' association or the City, at its option, for VII-14

15 ownership and maintenance. Any isolated wetland of less than one acre shall be exempt from these requirements. 20) A detailed flood insurance study shall be performed for all subdivision proposals and other proposed development which have 5 acres or more in the 100-year floodplain or which contain 50 lots or more in the 100-year floodplain. The construction of a single family residence on a parcel of land containing 5 or more acres which is not part of a subdivision or which is part of a subdivision in existence on the effective date of this Plan, such as Groveland Farms Subdivision, is exempt from this requirement. Phases of a larger development, if the larger development meets the 5-acre or 50 lot criteria, are not exempt from this requirement. If existing subdivisions are proposed for replatting, the replatted portion shall be required to comply with this requirement if the replatted portion meets the 5-acre or 50 lot criteria. The purpose of this study shall be to map more precisely the extent of the 100- year floodplain. Subdivisions with septic tanks shall be designed so that each lot has at least one acre of upland not contained within the floodplain. The one-acre upland area must be of sufficient size and shape to accommodate the proposed structures, including septic tank and drainfield, without any part infringing into the floodplain or any required septic tank setback. 21) All new peat or phosphate mines in the GSACSC shall be prohibited. Section 7.4 Commerce and Industrial Overlay Area This section has not yet been created. As the City of Mascotte is getting ready to construct its wastewater plant and system, it will be important to create this overlay district to assist with future Economic Development. VII-15