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HomeMy WebLinkAboutOrdinance No. 03-1989ORDINANCE NO. 3 -89 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AS SECTION 640 OF THE ZONING CODE; ESTABLISHING RULES AND REGULATIONS; PROVIDING GUIDELINES; PROVIDING FOR SEVER - ABILITY; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Section 640 of the City of Cape Canaveral Code of Ordinances is hereby established as follows: 640.01 RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) PURPOSE AND INTENT The RPUD is a concept which encourages and permits variation in residential development by allowing deviation in lot size, bulk or type of dwellings, density, lot coverage, and open space from that required in any one residential land use classification under the Zoning Regulations of Cape Canaveral. The Purpose of a RPUD is to encourage the devel- opment of planned residential neighborhoods and communities that provide a full range of residence types designed to serve the inhabitants of the RPUD. It is recognized that only through ingenuity, imagination and flexibility can res- idential developments be produced which are in keeping with the intent of this Section, while departing from the strict application of conventional use and dimension requirements of other zoning districts of Cape Canaveral. This Section is intended to establish procedures and stand- ards for RPUDs within the city, in order that the following objectives may be attained: A. Accumulation of large areas of usable open spaces for the preservation of natural amenities. B. Flexibility in design to take the greatest advantage of natural land, trees, historical and other features. C. Creation of a variety of housing types and compatible neighborhood arrangements that give the home buyer greater choice in selecting types of environment and living units. D. Allowance of sufficient freedom for the developer to take a creative approach to the use of land and related physical development, as well as, utilizing innovative techniques to enhance the visual character of Cape Canaveral. E. Efficient use of land which may result in smaller street and utility networks and reduce development costs. ORDINANCE NO. 3 -89 PAGE 1 OF 19 F. Simplification of the procedure for obtaining approval of proposed developments through simultaneous review by the City of proposed land use, site consideration, lot and setback considerations, public needs and require- ments, and health and safety factors. 640.03 RPUD DEFINITIONS For the purpose of this Section, certain words and terms used herein shall be defined as follows: Words used in the present tense shall include the future tense, words used in the singular number shall include the plural number and words used in the plural number shall in- clude the singular number; and the word "shall" is man- datory, not directive. The word "person" includes any individual, group of persons, firm, corporation, asso- ciation, organization, and any legal public entity. Block - An area delineated within a Stage which is sub- divided into lots for single units and individual ownership. Common Open Space - A parcel or parcels of land, or a com- bination of land and water within the site designated as a RPUD, and designed and intended for the use or enjoyment of residents of the RPUD. Common open space shall be inte- grated throughout the RPUD to provide for a linked recrea- tional /open space system. Developer - A person, firm, association, syndicate, partner- ship or corporation, who owns land which is developed into a RPUD and who is actually involved in the construction and creation of a RPUD. Development Plan - The total site plan of the RPUD drawn in conformity with the requirements of this Section. Said development plan shall specify and clearly illustrate the location, relationship, design, nature and character of all primary uses, public and private easements, structures, parking areas, public and private roads and common open space. Development Schedule - A comprehensive statement showing the type and extent of development to be completed within the various practicable time limits and the order in which devel- opment is to be undertaken. A development schedule shall contain an exact description of the specific buildings, facilities, common open space, and other improvements to be developed at the end of each time period. Final Development Plan Application - The application for approval of the final development plan and for approval of the required exhibits as specified in this Section. Final Development Plan - The development plan approved by the City Council of the City of Cape Canaveral and recorded with the Clerk of the Circuit Court of Brevard County ac- cording to the provisions of this Section. Lot - A portion of a Block intended for the construction of one dwelling or the transfer of ownership, or both. Preliminary Development Plan Application - The application for approval of the use of a site as a RPUD and for approval of the required exhibits as specified in this Section. ORDINANCE NO. 3 -89 PAGE 2 OF 19 Preliminary Development Plan - The development plan ap- proved by the City Council and filed with approval by the City of a RPUD Zone. Residential Planned Unit Development or RPUD - An area of land developed as a single entity, or in approved stages in conformity with a final development plan by a developer or group of developers acting jointly, which is totally planned to provide for a variety of residential uses and common open space. Site - The actual physical area to be developed as a RPUD, IHaia ding the natural and created characteristics of said area. Site Plan - Detailed, dimensional plan at a reproducible scale providing information and graphic depiction of all physical development relationships to occur within a tract of a RPUD. Stage - A specified portion of the RPUD that may be devel- oped as an independent entity that is delineated in the preliminary and final development plan and specified within the development schedule. Tract - An area delineated within a Stage (except single unit lots) which is separate unto itself having a specific legal description of its boundaries. A "tract" will delin- eate all land uses such as common open space, recreational area, residential areas (except single unit lots) and all other applicable areas. 640.05 RPUD PERMITTED USES Uses permitted in the RPUD may include and shall be limited to the following: Single family detached dwelling units; multi - family residential dwelling units (including apart- ments) in semi - detached, attached, and multi- storied structures. 640.07 RPUD COMMON OPEN SPACE, DRAINAGE SYSTEMS, PRIVATE ROADS, AND OTHER RELATED COMMON FACILITIES A. All common facilities shall be maintained for their in- tended purpose as expressed in the final development plan. One method, or a combination of the following methods, shall be utilized for maintaining common facil- ities: 1. Public dedication to the City. This method is sub- ject to formal acceptance by the City in its sole discretion. 2. Establishment of an association or non - profit cor- poration of all individuals or corporations owning property within the RPUD to insure the maintenance of all common facilities. 3. Retention of ownership, control and maintenance of common facilities by the developer. B. A privately owned common open space shall continue to conform to its intended use and remain as expressed in the final development plan through the inclusion in all deeds of appropriate restrictions to insure that the common open space is permanently preserved according to ORDINANCE NO. 3 -89 PAGE 3 OF 19 the final development plan. Said deed restrictions shall run with the land and be for the benefit of present as well as future property owners and shall con- tain a prohibition against partition. C. All common open space, as well as public and recrea- tional facilities, shall be specifically included in the development schedule and be constructed and fully im- proved by the developer at an equivalent or greater rate than the construction of residential structures. D. If the developer elects to administer common open space through an association or non - profit corporation, said organization shall conform to the following require- ments: 1. The developer must establish the association or non- profit corporation prior to the sale of any lots, parcels, tracts, or dwelling units. 2. Membership in the association or non - profit cor- poration shall be mandatory for all residential property owners within the RPUD and said association or corporation shall not discriminate in its members or shareholders. 3. The association or non - profit corporation shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, shall provide for the maintenance, admin- istration and operation of said land and any other land within the RPUD not publicly or privately owned, and shall secure adequate liability insurance on the land. 4. If the developer elects an association or non - profit corporation as a method of administering common open space, the title to all residential property owners shall include an undivided fee simple estate in all common open space or appropriate shares in the assoc- iation. 5. The developer shall turn over control of the Asso- ciation in an orderly manner consistent with Florida Statute 718 regulating Condominium Associations, as though it was a condominium development. 640.09 RPUD LAND USE REGULATIONS A. Minimum Size The minimum size for a RPUD shall be ten (10) acres. B. Maximum Density The average density permitted in each RPUD shall be es- tablished by the City Council, upon recommendation of the Planning and Zoning Board. The criteria for estab- lishing an average density includes existing zoning, adequacy of existing and proposed public facilities and services, site characteristics, and the recommended density of any land use involving the area in question. In no case shall maximum density permitted exceed fif- teen (15) dwelling units per acre and in no case shall the overall number of dwelling units permitted in the ORDINANCE NO. 3 -89 PAGE 4 OF 19 RPUD be inordinately allocated to any particular portion of the total site area. Where a developer elects to develop the property in stages, the cumulative density with each subsequent stage must be approximately the same as the overall density approved for the entire project in that such cumulative density shall not vary upward more than two (2) units per acre, and that upon completion of all stages, the final density shall be equal to the density approved in the Preliminary Development Plan. C. Minimum Common Recreation and Open Space 1. Twenty -five percent (25 %) of the gross site acreage shall be delineated as tracts for common recreation and open space. 2. "Common recreation and open space" shall be defined as the total amount of improved usable area, in- cluding outdoor space, permanently set aside and designated on the site plan as recreational or open space for use by residents of the RPUD. Common open space shall be integrated throughout the RPUD to provide for a linked recreational /open space system. Such usable space may be in the form of active or passive recreation areas including but not limited to: playgrounds, golf courses, beach frontage, nature trails, and lakes. Common open space shall be improved to the extent necessary to complement the residential uses and may contain compatible and complementary structures for the benefit and enjoy- ment of the residents of the RPUD. Easements, parking areas, perimeter setback areas, road rights - of -way and minimum yards, and minimum spacings between dwelling units may not be included in deter- mining open space. Perimeter setback areas may be included as open space if improvements such as bikeways and pedestrian ways are provided. Water bodies may be used to partially fulfill common open space requirements; calculations for such may not exceed fifty percent of the required open space. The exclusion of water bodies which are in whole or part drainage easements may be waived by the City Council after adequate measures are provided which guarantee in perpetuity a level of water quality acceptable for recreational purposes. Private navigable canals shall not be utilized in fulfilling the common open space requirement. If golf courses are used to partially fulfill common open space re- quirements, calculations for such may not exceed sixty percent of the required open space. Where a golf course is utilized to partially fulfill the open space requirement, other facilities to meet the active residential needs of children and adults shall be provided. All water areas included as part of the open space requirement shall be permanent water bodies and shall be improved with 3:1 minimum sloped edge extending at least 20 feet into the water areas, and planted with grass and maintained around all sides so as not to harbor mosquitoes, insects and rodents, unless it is determined by an environmental review of the water body that such slope or improvements would be detrimental to the ecology of such water body site. ORDINANCE NO. 3 -89 PAGE 5 OF 19 D. Minimum Lot Area, Frontage and Setbacks; and Accessory Uses 1. Minimum lot size for detached single - family struc- tures: An area not less than six thousand (6,000) square feet and having a width of not less than sixty (60) feet. The minimum lot size requirement may be waived by the City Council if the proposed lot(s) all have substantial relationship to the common open space (e.g. directly adjacent or abut a common open space area) and the arrangement of dwelling units provides for adequate separation of units and the living area of the dwelling unit(s) is properly related to the configuration of the pro- posed lots. All lots to be platted at less than seven thousand five hundred (7,500) square feet shall be required to have the location of structures set forth on the final development plan. 2. Each dwelling unit or other permitted use shall have access to a public street either directly or in- directly via paved road, pedestrian way, court or other area dedicated to public or private use of common easement guaranteeing access. Permitted uses are not required to front on a public dedicated road. The City shall be allowed access on privately owned roads, easements and common open space to insure the police and fire protection of the area to meet emer- gency needs, to conduct City services, and to generally insure the health and safety of the res- idents of the RPUD. 3. Minimum distances between structures and setback shall be: Single- family detached structure - structure shall set back not less than eight (8) feet from the side lot lines and not less than fif- teen (15) feet from the rear lot line. On a corner lot, the side street setback shall be not less than twenty -five (25) feet. The City Council may, upon recommendation of Planning and Zoning Board, reduce the required side setbacks and the distances between structures provided that proposed structures do not abut utility easements or otherwise affect the ability to provide and maintain utility service to each lot to provide the usage of zero lot line appli- cation and other innovative building techniques. Between structures of 2 stories or less - 15 feet Between structures of 3 stories Between structures of 4 stories Between structures over 4 stories - 20 feet - 25 feet - 5 feet for each additional story Between structures of varying heights, the larger distance separation shall be required. Buildings shall not exceed the maximum height al- lowed in the zoning district in which they are constructed. ORDINANCE NO. 3 -89 PAGE 6 OF 19 4. Setbacks required between the nearest part of any building wall and the edge of any public right -of- way or private street pavement shall be twenty -five (25) feet unless waived by the City Council based on the recommendation of the Planning and Zoning Board. A minimum twenty -five (25) foot setback shall be maintained between the walls of all structures and the property line along the perimeter of the RPUD unless waived by the City Council. 5. On property bordering the ocean, a minimum of twenty - five (25) percent of the frontage shall be left open as breezeway. 6. On property bordering the ocean, all structures shall be set back at least fifty (50) feet from the bluff line or vegetation line, whichever is greater, provided such setback is also subject to the Coastal Setback Line established by the Department of Natural Resources of the State of Florida. On all property bordering other major waterways, all struc- tures shall be setback at least twenty -five (25) feet from the established shoreline. This setback shall be free of all uses. E. Maximum Length of Structures One hundred eighty -five (185) feet unless an excess is specifically authorized by the City Council, as recom- mended by the Planning and Zoning Board. F. Minimum Floor Area Per Unit Single family dwellings, - 1100 square feet attached or detached, unless waived by City Council Duplex - 750 square feet Multi - family dwellings: Efficiency One bedroom Two bedrooms Three bedrooms - 450 square feet - 650 square feet - 750 square feet - 950 square feet G. Off- street Parking 1. Primary residential uses: A minimum of three (3) parking spaces per dwelling unit shall be provided unless a reduction in parking is specifically author- ized by the City Council as recommended by the Planning and Zoning Board. Each space must contain at least 200 square feet of area and be convenient to residential use. Parking areas shall not be sep- arated from associated structures by any public right -of -way. Parking areas shall be landscaped in accordance with Section 639.44 of the Zoning Or- dinance of Cape Canaveral, Florida. 2. Where the RPUD consists of single- family detached dwellings on platted lots of less than 6,600 square feet, the developer may be required to provide an approved designated common area for the parking of campers, travel trailers, recreational trailers and ORDINANCE NO. 3 -89 PAGE 7 OF 19 vehicles, boats and boat trailers, and other similar vehicles. H. Underground Utilities Within the RPUD, all utilities including telephone, tele- vision cable, and electrical systems shall be installed underground. Primary facilities providing service to the site of the RPUD may be exempted from this require- ment. Large transformers shall be placed on the ground and contained within pad mounts, enclosures or vaults. The developer must provide landscaping with shrubs and plants to screen all utility facilities permitted above ground. The Planning and Zoning Board may require that substations be screened by trees and shrubs or walls resembling a structure which is compatible with the de- sign of the buildings within the RPUD. I. Development Standards The minimum construction requirements for streets or roads, sidewalks, sewer facilities, utilities and drainage shall be in compliance with the requirements of the City Zoning and Building Regulations. Design re- quirements with respect to streets, sidewalks, and drainage may be waived by the City Council upon the rec- ommendation of the Planning and Zoning Board. J. Preservation of Trees Within the RPUD, trees shall be preserved in accordance with Chapter 657 of the Code of Ordinances of the City of Cape Canaveral. 640.11 RPUD CLASSIFICATION OF APPLICATIONS The application sequence and nomenclature for each appli- cation level shall take the form as outlined below. These outlines reflect the Procedures for Preliminary Plan Applica- tion and Final Plan Application (this outline shows a two stage example). A. Preliminary Development Plan B. Final Development Plan 1. Final Development Plan, Stage One a. Stage One, Tract A Site Plan b. Stage One, Tract B Site Plan c. Stage One, Tract F Site Plan 2. Final Development Plan, Stage Two a. Stage Two, Tract E Site Plan b. Stage Two, Tract C Site Plan c. Stage Two, Tract D Site Plan 640.13 RPUD PROCEDURE FOR RECEIVING APPROVAL OF A PRELIM- INARY DEVELOPEMNT PLAN AND TENTATIVE ZONING A. Tentative Development Plan Before submission of a preliminary application for ap- proval as a RPUD zone, the developer and his registered engineer, architect, and site planner are encouraged to ORDINANCE NO. 3 -89 PAGE 8 OF 19 meet with the Building Official and such other personnel as necessary to determine the feasibility and suit- ability of his application. This step is encouraged so that the developer may obtain information and guidance from City personnel before entering into any binding commitments or incurring substantial expenses of site plan preparation. B. Preliminary Development Plan Application 1. Preliminary Application. A preliminary application shall be submitted to the Planning and Zoning Board by the developer requesting approval of the site as a RPUD zone, see sub - section (3) below. Said prelim- inary application shall contain the name of the developer, surveyor and engineer who prepared the development plan and topographic data map, and the name of the proposed RPUD. 2. Exhibits. The following exhibits shall be attached to the preliminary application: a. Vicinity map indicating the relationship between the RPUD and its surrounding area including ad- jacent streets and thoroughfares. b. Development plan that shall contain, but not be limited to, the following information: (1) Proposed name or title of project, and the name of the engineer, architect, and developer. (2) North arrow, scale (1" - 200' or larger) date and legal description of the proposed site. (3) Boundaries of tract shown with bearings, distances, closures and bulkhead lines. All existing easements, section lines, and all existing streets and physical features in and adjoining the project, and the existing zoning. (4) Name and location of adjoining developments and subdivisions. (5) Proposed parks, school sites, or other public or private open space. (6) Vehicular and pedestrian circulation systems, including off - street parking and loading areas, driveways, and access points. (7) Site data, including tabulation of the total number of gross acres in the project, the acreage to be devoted to each of the several types of primary residential and secondary non - residential uses, and the total number of dwelling units. (8) Proposed common open space, including the proposed improvements and any complementary structures and the tabulation of the per- cent of the total area devoted to common ORDINANCE NO. 3 -89 PAGE 9 OF 19 open space. Areas qualifying for common open space shall be specifically designated on the site plan. (9) Delineation of specific areas designated as a proposed stage. (10) General statement, including graphics, in- dicating proposed corridors of drainage and direction, natural drainage areas, specific areas which are to function as retention lakes /ponds, anticipated method for accommo- dating run -off (curb /gutter, swales, other) and treatment methods for discharge into area waterways for the site to insure con- formity with natural drainage within the vicinity area or with the drainage plan established within the vicinity area. (11) General location within site of each primary residential and secondary non -resi- dential use, and the proposed amount of land to be devoted to individual ownership. (12) Schematic drawing of the elevation and architectural construction of the proposed primary and secondary non - residential structures. (13) The proposed method of dedication and admin- istration of proposed common open space. c. Topographic data map drawn to a scale of two hundred (200) feet to one (1) inch or larger by a registered surveyor and /or engineer showing: (1) The location of existing property lines both for private property and public property, streets, buildings, water courses, transmission lines, sewers, bridges, culverts and drain pipes, water mains, and any public utility easements. (2) Wooded areas, streams, lakes, marshes, and any physical conditions affecting the site. (3) Existing contours based on U. S. Coast and Geodetic data with a contour interval of two (2) feet and proposed finished ele- vations. 3. Submittal a. The RPUD Zoning Application and Preliminary De- velopment Plan shall be submitted to the Planning and Zoning Board at least forty -five (45 days) prior to any regularly scheduled meeting of the Board. b. The application shall include six (6) black or blueline prints of the development plan of the proposed RPUD and a minimum of two (2) copies of the required exhibits. 4. Application Review. The preliminary development plan shall be reviewed formally by the Building ORDINANCE NO. 3 -89 PAGE 10 OF 19 Official and City Council to determine the feasi- bility and suitability of the plan prior to the sub- mission of the RPUD zoning application to the Planning and Zoning Board. The Planning and Zoning Board shall then review said preliminary development plan to determine its conformity with the official plans and policies of the City of Cape Canaveral and the requirements of this Section. Upon completion of its review, the Planning and Zoning Board shall recommend to the City Council, the approval, approval subject to conditions, or disapproval of the preliminary development plan ap- plication. 5. Review Criteria. The decision of the Planning and Zoning Board on the preliminary development plan application shall include the findings of fact that serve as a basis for its recommendation. In making its recommendation, the Planning and Zoning Board shall consider the following facts: a. Degree of departure of proposed RPUD from sur- rounding residential areas in terms of character and density. b. Compatibility within the RPUD and relationship with surrounding neighborhoods. c. Prevention of erosion and degrading of sur- rounding areas. d. Provision for future public education and recreation facilities, transportation, water supply, sewage disposal, surface drainage, flood control and soil conservation as shown in the preliminary development plan. e. The nature, intent and compatibility of common open space, including the proposed method for the maintenance and conservation of said common open space. f. The feasibility and compatibility of the specified stages contained in the preliminary development plan to exist as an independent development. g. The availability and adequacy of water and sewer service to support the proposed RPUD. h. The availability and adequacy of primary streets and thoroughfares to support traffic to be gen- erated within the proposed RPUD. i. The benefits within the proposed development and to the general public to justify the requested departure from the standard land use require- ments inherent in a RPUD classification. j. The conformity and compatibility of the RPUD with any adopted development plan of the City. k. The conformity and compatibility of the proposed common open space, primary residential and ORDINANCE NO. 3 -89 PAGE 11 OF 19 secondary non - residential uses within the pro- posed RPUD. 6. Review by the City Council. Upon receiving the re- commendation of the Planning and Zoning Board, the City Council shall, at a regularly scheduled meeting, review said recommendation and preliminary development plan and either approve, approve subject to conditions, or disapprove the preliminary develop- ment plan application. Approval of the preliminary development plan indicates approval of the RPUD Zoning subject to acceptance of the final develop- ment plan. The decision of the City Council shall be based upon a consideration of the facts specified as review criteria for the Planning and Zoning Board in Sub - section "5" above. 7. Recordation of Preliminary Application. In the event the preliminary development plan application is approved by the City Council, a copy of said ap- plication and required exhibits shall be filed with the City Clerk as a permanent record. 640.15 RPUD PROCEDURE FOR SECURING APPROVAL OF A FINAL DEVELOPMENT PLAN The developer shall have two (2) years from the approval of the preliminary development plan for a RPUD zone in which to file a final development plan application for the entire property or any stage thereof. At the request of the developer, and for good cause shown, the City Council may extend said period required for filing of said application for a time certain. A. Application Procedure. 1. Pre - Application Conference - The applicant shall meet with the Building Department to discuss the basic final development plan requirements outlined herein before submittal of the Final Development Plan. 2. Submittal - The final development plan shall be sub- mitted to the Planning and Zoning Board at least forty -five (45) days prior to any regularly sched- uled meeting of the Board. 3. The Planning and Zoning Board shall recommend the approval, approval subject to conditions, or dis- approval of the final development plan based upon substantial conformity with the preliminary develop- ment plan, the sufficiency and accurateness of the required exhibits, and the requirements and purposes of this Section and the Ordinances and Regulations of Cape Canaveral. If the Planning and Zoning Board determines that the Final Development Plan is not substantially in conformance with the approved Pre- liminary Development Plan, the Planning and Zoning Board shall review the Final Development Plan and determine the acceptability of said plan in view of the preliminary concept as approved and recorded. The Planning and Zoning Board shall recommend the approval, approval subject to change, or disapproval of the Final Development Plan. ORDINANCE NO. 3 -89 PAGE 12 OF 19 4. The City Council shall review the recommendations of the Planning and Zoning Board at a regular meeting of the City Council and shall approve, approve sub- ject to conditions, or disapprove the applicable Final Development Plan. B. The Final Development Plan application may request ap- proval for the entire RPUD or any stage designated in the Preliminary Development Plan containing a minimum of ten (10) acres. 1. The following exhibits shall be attached to the Final Development Plan application: a. Engineering Plans: The following engineering drawings depicting the detailed plans for services and utilities to serve all tracts, blocks, and other areas shall be provided. (1) The Drainage Plan shall indicate: - One foot interval contours based upon coast and geodetic datum. - Proposed finished elevation of each building site and first floor level. - All existing and proposed drainage con- trol and treatment facilities, including the method(s) for non -point pollution source treatment, with sizes, grades, and other appropriate structural or non- structural specification. - Proposed orderly disposal of surface water runoff. - Centerline elevations along adjacent streets. (2) If deemed necessary by the City, subsurface conditions within property including the location and results of tests made to ascer- tain the conditions of subsurface soil, rock, and groundwater, and the existing depth of groundwater. (3) Typical cross - section of proposed grading, streets and sidewalks, swales, retention ponds /lakes, canals, and waterways. (4) Proposed type of pavement in accordance with City specifications. (5) Layout of water distribution, sanitary sewer and storm drainage systems, with grades and sizes indicated. (6) Final engineering drawing of water, sani- tary sewer and storm drainage systems and sidewalks, streets, bulkheads, street name signs, and adequate lighting. Said engineering plans shall be in conformity with the requirements and specifications of the City. All dimensions shall be 1" = 50' and all angles to the nearest minute. b. Final Development Plan containing the following information: ORDINANCE NO. 3 -89 PAGE 13 OF 19 (1) Dedication by owner and completion of certi- ficate of surveyor. (2) The location and dimensions of each primary residential, secondary non - residential, and open space /recreational tract, including each tract's points of ingress and egress. The legal description of each of the afore- mentioned tracts and the specific number of units, including the range of unit types to be constructed within each tract. These items will be affixed to the original linen drawing for recording purposes. (3) Location and width of canals and waterways. (4) The location, dimensions, and legal descrip- tion of each reservation, easement, street, or any area to be dedicated to public use. (5) Sufficient data to determine readily and reproduce on the site the location, bearing and length of every street, line, lot line, boundary line, block line, and tract line whether curved or straight. (6) The radius, central angle, point of tan- gent, tangent distance and arcs and chords of all curved property lines. (7) A legal description of the RPUD boundaries with bearings, distances and tie point. (8) Accurate location and description of all monuments and markers. An original linen drawing in india ink of the Final Development Plan shall be filed plus five (5) black or blueline prints. All dimensions should be 1" = 100', and angles to the nearest second. The Final Development Plan shall be prop- erly signed and executed by the developer as required for recording. The Final Development Plan shall meet the platting requirements of Florida Statutes, Chapter 177, and all requirements and conditions of the City's Regulations applicable to sub- division plats required to be performed or met prior to recordation including, but not limited to, installation and completion of improvements or posting of applicable performance and main- tenance bonds. c. Development Schedule: The development schedule shall contain the following information: (1) The order of construction of the tracts and blocks as delineated in the stage develop- ment plan. (2) The proposed dates for the beginning of construction of said tracts and blocks. ORDINANCE NO. 3 -89 PAGE 14 OF 19 (3) The proposed date for the completion of construction of said tracts and blocks. (4) The proposed schedule for the construction and improvement of common open space with the stage including any complementary buildings. d. Deed Restrictions: Deed restriction proposals to preserve the character of the common open space as set forth above. Said deed restric- tions shall include a prohibition against partition by any residential property owner. e. Association or Non - profit Corporation: If the developer elects this method of administering common open space, the proposed by -laws of the association or the certificate of incorporation and the corporate by -laws of the non - profit cor- poration shall be submitted for approval by the City. f. Instruments: Instruments dedicating all rights - of -way, easements and other public lands shown on the Final Development Plan from all persons having any interest in said land. g. Bill of Sale: A bill of sale, conveying to the applicable authority, water and sewer utility lines, mains, lift stations, and other personal property required to be installed by this Section. h. Instruments: Indicating that all necessary off -site easements or dedications have been ac- quired. In lieu of originals, "certified true copies" will be accepted if the recording infor- mation from the public records of Brevard County, Florida is included thereon. i. Title Opinion: A title opinion from an attorney showing the status of the title to the site en- compassed by the Final Development Plan and all liens, encumbrances and defects, if any. 2. Recording of Final Development Plan a. After approval by the City Council of the Final Development Plan application, the Developer shall record said plan in the public records of Brevard County, Florida. No Final Development Plan of a RPUD within the City of Cape Canaveral shall be recorded unless it shall have the ap- proval of the City Council inscribed thereon. b. The transfer of, sale of, agreement to sell, negotiation to sell land by reference to or exhibition of, or other use of a Final Development Plan of a RPUD, or portion thereof that has not been given final approval by the City Council is prohibited. The description by metes and bounds in the instrument of transfer or other documents shall not exempt the transaction from such prohibition. ORDINANCE NO. 3 -89 PAGE 15 OF 19 3. Site Plans. Submittal and approval of a Site Plan in conformity with the requirements of this Sub- section shall be required of the developer or owner at the same time he is applying for a Final Develop- ment Plan. a. Site Plan Requirements: The Site Plan shall contain the following information, however, the information required may not be limited to these information items. No site plan shall be accept- ed for review which does not contain all the information stated below: (1) The site plan shall have a title affixed which is consistent with the application nomenclature outlined in Section 640.13. (2) The name of the owner and the designer /engi- neer /architect responsible for the design of the proposed tract development. (3) Each tract site plan shall have a vicinity map indicating the tract's general location within the total area of the RPUD. (4) Special requirements specified at either the Preliminary or Final Development Plan application steps, if any. (5) Date, north arrow and graphic scale (not less than one (1) inch equals fifty (50) feet. (6) A tabulation of certain data shall be pro- vided: - gross acreage - density - number of units proposed - percent of the tract covered by structures - floor area of dwelling units - number of proposed parking spaces (7) Location of the tract in relation to properties adjacent to it which are not part of the RPUD and the location of any screening or buffers on such properties. (8) Location and dimensions of all property lines, existing rights -of -way, utility drainage easements and existing streets. (9) Location and dimension of all existing and proposed pavement driveway approaches, side- walks, bikeways, curbs and gutters. (10) Location and dimension of all existing and proposed parking areas and loading areas. (11) Location and dimensions of all existing and proposed fire hydrants, meters, water and sewer lines, and subsurface power lines. (12) Location, size, and design of landscaped areas, including any existing trees. ORDINANCE NO. 3 -89 PAGE 16 OF 19 (13) Location and size of any lakes, ponds, canals or other waters or waterways. (14) All structures and major features fully dimensioned including setbacks and dis- tances between structures. (15) Location and dimensions of all solid waste disposal sites for placements of recep- tacles. (16) Engineering plans as described in the Final Development Plan procedures. The Drainage Plan shall be consistent with the overall drainage plan approval for the Final Devel- opment Plan. b. Final Approval. The City Council shall approve a RPUD Site Plan if it meets all the require- ments stated herein and is consistent with the approved Final Development Plan. Upon the Site Plan being approved and a building permit being issued, the development shall be built substan- tially in accordance with the Site Plan and the associated specifications. If after such ap- proval, the owner /applicant or his successors desire to make any changes to said Site Plan, such changes shall first be submitted to the Building Official. If the Building Official deems that there is a substantial change or deviation from that which is shown on the approved Site Plan, the owner /applicant or his successors shall be required to return to the Planning and Zoning Board and the City Council where it is determined that the public interest warrants same. Upon final approval of the Site Plan, a design- ation of such approval shall be incorporated on the Official Zoning Map of the City of Cape Canaveral and said approval shall become a binding condition on the use of the land encom- passed by the approved Site Plan under the applicable RPUD Zone. c. Upon approval of the Final Development Plan, the developer may sell or transfer any separately identified parcel or tract of land within the boundaries of the Final Development Plan not designated as common open space or areas spec- ified for the use of all owners with the RPUD. 640.17 RPUD PHYSICAL REVIEW The City shall have the right to evaluate the physical lay- out, architectural characteristics, and amenities of the RPUD and to suggest changes or modifications designed to create compatibililty and conformity in the variety of uses within the development to insure, protect and promote the health, safety and general welfare of the property owners of the RPUD and the residents of the City of Cape Canaveral. 640.19 RPUD BUILDING PERMIT No building permit shall be issued by the City of Cape Canaveral until the final development plan and the appli- cable Site Plan have been approved and duly recorded, and until all required fees have been paid. ORDINANCE NO. 3 -89 PAGE 17 OF 19 640.21 RPUD BONDING Prior to the commencement of construction within a tract or block of a RPUD, the developer shall file with the City of Cape Canaveral the following contracts and bonds: A. A performance, labor and material payment bond for the completion of the construction within one (1) year from the date of commencement of construction of all public improvements specified in the final development plan. B. A performance, labor and material payment bond for the completion of the construction within one (1) year from the date of commencement of construction of all common open areas designated in the final development plan. C. A maintenance warranty bond in the amount of ten (10) percent of the total cost of the construction of all public improvements to be in force for a period of two (2) years following acceptance by the City of the final construction of said public improvements. D. In lieu of any bond, the developer may use an escrow account to insure the performance of the construction as planned if said account and the administration thereof is approved by the City Council. Performance bonds may only be accepted for public improve- ments or for the following private improvements: streets, drainage and common usable open space. All such bonds shall be from a company licensed as a surety in the State of Florida, listed by the U.S. Treasury Deparatment and rated A:AAA in Best's Insurance Guide. Upon Acceptance of all improvements described in Sub - sections "A" and "B" above, said performance and payment bonds shall be released. All of the provisions relating to bonding contained in the Subdivision Regulations of the City of Cape Canaveral shall be fully applicable to the bonds required under this Section. 640.23 RPUD TERMINATION ZONE A. Any owner of all or a portion of land that has been des- ignated a RPUD under the provisions of this Section can apply to the City for the termination of that portion of a state within an approved final development plan within which his property is located if construction has not been commenced pursuant to said final development plan. The procedure for said termination shall be that applicable to a land use classification change under the Zoning Regulations of the City of Cape Canaveral. B. Failure of the developer to submit a final development plan for the entire development or a stage within the time periods specified in Section 640.11 shall automat- ically revoke approval of the complete preliminary development plan filed under Section 640.13 and the site shall revert to the previous Zoning Classification and the Official Zoning Map shall be changed accordingly to reflect such revocation. 640.25 RPUD ENFORCEMENT In addition to any other method of enforcement, the City shall have the power to enforce the provisions of this Section by an appropriate suit in equity. ORDINANCE NO. 3 -89 PAGE 18 OF 19 SECTION 2. If any provision of this ordinance or the appli- cation thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application and to this end the provisions of this ordinance are declared severable. SECTION 3. All portions of the Code in conflict herewith are hereby repealed. SECTION 4. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 4th day of April , 1989. HOOG KIDD MILLER First Reading March 21, 1989 Posted: March 22, 1989 Advertised: March 23, 1989 Second Reading: April 4, 1989 ORDINANCE NO. 3 -89 PAGE 19 OF 19