§ 58.362. Rezones and Zoning Map Applications.

The PD district is designed to allow an applicant to submit a proposal for consideration, for any uses or any mixture of uses, and to allow the City Council to approve any proposal which it determines to be in the best interest of the public health, safety, and welfare, along with any conditions or requirements or limitations thereon which the City Council deems advisable. Rezoning to the PD district shall be an entirely voluntary procedure to be pursued only at the option of the applicant, and the City shall not itself initiate such rezoning on privately-owned property nor designate specific privately-owned lands for planned development in its adopted Growth Management Plan. The approval of planned development rezoning rests with the City Council. However, no rezoning or Development Plan may be approved unless the following minimum conditions are met:

Minimum Development Site Size. 10,000 sq. ft.

Perimeter Setbacks. Minimum setbacks at the perimeter of the development shall be equal to those of the abutting zoning district(s), except where City Council finds that alternate minimum perimeter setbacks would be appropriate. Conditions under which alternate minimum perimeter setbacks may be considered include, but are not limited to, the following:

(a)

The minimum PD perimeter setback required by this section would be greater than the setback required under the original zoning;

(b)

Property in the abutting zoning district is located across a major roadway from the PD, and therefore, a reduced setback would have little or no impact on the character of the adjacent property;

(c)

The minimum PD perimeter setback required by this section would be greater than the setbacks for the majority of the existing structures on the same blockface.

GMP Consistency. The development shall be consistent with the Orlando Growth Management Plan, unless a corresponding amendment to the GMP is also adopted.

After a site has been rezoned to the PD district, and after more than fifty percent (50%) of the land in the PD has been developed, amendments to the PD for the developed portions of the property may only be initiated by:

(a)

The property owner, for an amendment to the PD applicable to only a single lot or building site; or

(b)

Petition by the owners of more than fifty percent (50%) of the developed property in the PD district for an amendment to the PD applicable to all of the developed portions of the PC; or

(c)

City Council, where necessary to preserve the health, safety and welfare of the property owners in the Planned Development.

(Ord. of 9-16-1991, Doc. #25094; Ord. of 4-26-1999, § 1, Doc. #32042)