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Callaway City Zoning Code

Sec. 15.565

Planned development-zoning regulations.

(a)

Purpose. The purpose of the planned development zoning district is to provide an alternative method of land development not available within the framework of the other zoning districts of the City. This classification may be assigned to land which is to be developed as a whole or in a single development, or programmed series of development operations, utilizing innovative design techniques not possible through the structure of other zoning districts of the City, for the purpose of achieving one or more of the following development objectives:

(1)

To preserve or be otherwise sensitive to significant environmental or topographical features which exist on the site.

(2)

To accommodate a mixture of uses on one or more parcels of land with single or multiple ownerships, zoned, approved, operated and developed as a single unit and made internally and externally compatible through use limitations, sign control, cross easements for access and utilities, coordinated building orientation, design, aesthetics and buffering, with principal and accessory structures substantially related to the character of the development and the context of the neighborhood of which they are a part.

(3)

To accommodate a comprehensively planned and phased redevelopment project involving multiple ownerships which provides for interrelated uses, circulation patterns (both vehicular and pedestrian), building orientation, parking areas, architectural motif, signs, open space, amenity areas and like features, which positively contribute to the area being redeveloped and the City. Planned development shall be designed according to comprehensive plans which provide for interrelated uses, circulation patterns (both vehicular and pedestrian), streets, utilities, lots, building orientation, parking areas, architectural motif, signs, open space, amenity areas and like features with a program to provide for the maintenance and operation of all such areas. Planned developments must also provide improvements and facilities for the common use of all or some of the occupants of the development and a provision for the maintenance and operation of all necessary services which the City of Callaway does not agree, in writing, to provide, maintain or operate.

(b)

Permitted areas. Planned developments of mixed commercial and residential uses, more than one residential use, or more than one commercial use are permitted within the following areas:

(1)

All areas shown on the 1990 official zoning map of the City of Callaway, Florida.

(2)

All areas annexed into the City of Callaway after January 1, 1991.

(c)

Application for planned development. The proponents of a planned development shall make a written application in accordance with the provisions of this chapter, to the Callaway City Commission for the approval of a planned development zoning classification.

(d)

Permitted uses. All uses permitted in a planned development shall be consistent with the comprehensive land use plan designation for the subject site, including densities and intensities of use. Uses permitted in a planned development may include and shall be limited to:

(1)

Dwelling units in detached, semi-detached, attached or multi-family structures, or combinations thereof.

(2)

Non-residential uses such as commercial, religious, cultural, recreational, governmental, and other uses which are compatible and harmoniously incorporated into a unitary design of the planned development.

(3)

Combination of dwelling units and non-residential uses as described in (1) and (2) above.

(e)

Submission of plans and action thereon. The development plan of the planned development shall meet the requirements of professional land-planning services, promote public health, safety and general welfare; provide adequate light, air, privacy and convenience, conserve the values of surrounding property, and protect against fire, panic, explosion, noxious fumes, flooding among natural watercourses, and other hazards.

Development plans for all planned developments shall be submitted in accordance with City general site specific development plan requirements contained in Section 15.630 (site specific) of the Callaway Code of Ordinances and, where applicable, in accordance with City subdivision regulations contained in Article VII of this Chapter.

In addition to the submission requirements described above, the applicant shall submit a detailed textual statement containing all proposed uses within the planned development and including all restrictions, covenants, limitations, hours of operation, rules, regulations and such other data and information as the City shall require, which the applicant intends to place on the property. Upon approval by the City Commission, this textual statement shall become a part of the City's zoning regulations for that planned development. After final approval of the planned development, including the textual statement, any amendment to the provisions of the textual statement must be made in accordance with this Section.

(f)

Public hearing and zoning action.

(1)

Upon review of the final site plan and consideration of the recommendations of the Director of Planning, the City Commission shall, by resolution, set a public hearing to obtain public input on the proposed planned development rezoning, in accordance with the applicable Florida Statutes and City ordinances.

(2)

Following receipt of the recommendations of the Director of Planning and the Planning Board, and upon consideration of public input obtained at the public hearing, and review of the planned development, the City Commission shall, within sixty (60) days from the conclusion of the public hearing, adopt a resolution either denying the application or instructing the City Attorney to draft the appropriate ordinance to establish the planned development zoning classification on the specified parcel.

(g)

Time periods and extensions thereof.

(1)

Construction shall begin within a period of two (2) years, beginning with the enactment date of the ordinance creating the planned development. Upon the applicant's failure to begin construction within this two (2) year period, the City Commission may rescind or modify the ordinance establishing the planned unit development, unless a request for an extension of time is granted.

(2)

An application for an extension of the two (2) year period shall be made to the City Commission of Callaway and shall be accompanied by such evidence as shall be necessary to show substantial need and shall be made before the expiration of the two (2) year period. In its sole discretion, the City Commission may, by resolution, grant the extension; provided, however, that the petitioner shall have no vested right to receive such an extension.

(3)

After a planned development has been approved by the City Commission, no substantial modification to the approved plan of development shall be made unless submitted to City Commission and approved by the City Commission.

(4)

If the City Commission determines that (1) the plan is abandoned or (2) if construction is terminated after the completion of any state, or (3) if construction is abandoned or discontinued for a period of two years, or (4) if there is evidence that further development is not contemplated, City Commission may rescind or modify the ordinance establishing the planned development.

(h)

Modifications of ordinances and codes. The requirements of Chapter 15, including, but not limited to, off street parking, landscaping, lot coverage, building heights, setbacks, buffers and walls, of the zoning district most closely resembling the proposed use shall apply to the planned development. The City Commission may waive or modify said requirements on finding that such modifications are not required in the interest of the planned development and that the modification is not inconsistent with the interest of the City and with the uniqueness of the planned development.