Rezoning for planned developments will be an entirely voluntary procedure, and the final approval of planned development rezoning rests entirely with the city commission following a recommendation from the Planning and Zoning Board which may include in the rezoning any conditions that the commission deems necessary. Planned developments may include any uses and any mixture of uses, but they must conform to all aspects of the comprehensive plan. However, the comprehensive plan may also be changed so as to permit a particular development.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

In general, these planned development provisions are designed to allow a landowner or developer to submit any proposal or consideration for any use of any mixture or uses and to allow the City Commission to approve any proposal which it determines to be in the best interest of the public health, welfare and safety along with any conditions or requirements or limitations thereon which the City Commission deems advisable. Regardless, however, of this designed flexibility, no planned development may be approved under these provisions which is inconsistent with the planned uses, planned residential density or open space objectives of the comprehensive plan unless a corresponding change to the comprehensive plan is also approved.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

All building code, housing code and other land use regulations of the City are applicable to a planned development except those permitting special exceptions and zoning variances and except to the extent that they conflict with a specific provision of the approved development plan. Unless otherwise provided in the approved development plan, all land use regulations which apply in relation to a zoning district category shall apply in areas of a planned development in the manner determined by the City Commission as part of the approved development plan or, if not determined therein, by the City Commission during the site plan approval process, giving due regard to the purpose of each such regulation and the similarity of each area of the planned development to other zoning districts in terms of permitted uses.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

(a)

The uses or buildings on the perimeter of a planned development must be compatible with existing and planned uses of properties surrounding the planned development; that is, the exterior uses and building should not have any avoidable or undue adverse impact on any existing or planned surrounding use, nor shall the uses along the perimeter of the planned development be subject to undue adverse impact from existing or planned surrounding uses.

(b)

An evaluation of the external compatibility of a planned development should be based on the following factors:

(1)

The use of existing and proposed landscaping;

(2)

The use of the topography, physical environment and other natural features;

(3)

The use and variety of building setback lines, separations and buffering;

(4)

The particular land uses proposed and the conditions and limitations thereon;

(5)

The particular use proposed near the planned development perimeter and the conditions and limitations thereon;

(6)

The type, number and location of surrounding external uses;

(7)

The zoning on surrounding lands;

(8)

Any other factor deemed relevant to the privacy, safety, preservation, protection or welfare of any proposed use within the planned development and of uses adjacent to the planned development; and

(9)

Any other factor deemed relevant to the privacy, safety, preservation, protection or welfare of lands surrounding the planned development and any existing or planned use of such lands.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

The approval process is also designed to be flexible so that, depending on the size, complexity and novelty of a proposed development and the desires of the applicant, approval of a planned development may be sought through either a one-step, two-step or multiple step procedure. The first possible step, concept review, is optional. The first required step is the preliminary development plan approval, after which there may be one or more required steps for the final site plan approval. If an applicant wishes, he may attempt to obtain any required site plan approval at the same time as the development plan approval.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

Prior to making expenditures or developing any detailed plans or data, an applicant may, at his sole option, submit to the Planning and Zoning Board for its review of the proposed planned development. This may be done with or without any supporting plan or sketch, but the applicant shall be required to pay a filing fee. The City Commission's concept review is intended solely to alert an applicant to problems with or objections to a particular proposed development so that a proposal may be abandoned without significant expenditure by the applicant if he determines that approval of the proposal will be questionable or unlikely. During the concept review, no comment concerning a proposed development concept by the City Commission of any of its members, or any officer or employee of the City, shall be relied upon by the applicant or any other person as representation or implication that the particular concept proposed will be ultimately approved in any form as a planned development.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

(a)

The first required step in the approval process of a planned development is the submission of a preliminary development plan for approval, accompanied by the prescribed filing fee and a petition to rezone the land involved in the planned development district in accordance with the development plan submitted pursuant to the requirements specified in this section. The rezoning petition will be first reviewed by the development services director who shall determine whether the application is sufficiently complete.

(b)

If the application is sufficiently complete, both the development services director and the city attorney shall review the application and forward their comments and recommendations to the Planning and Zoning Board in time for a hearing by the City Commission on the rezoning petition within 45 days of the development services director's receipt of a sufficiently complete petition. The City Commission public hearing on the rezoning petition may be continued from time to time as necessary to facilitate the inclusion in the development plan of such change, conditions and additions as may be agreed upon by the City Commission and the applicant.

(c)

Following the Planning and Zoning Board public hearing and recommendations on the proposed rezoning as agreed to by the applicant, the City Commission shall conduct a public hearing and may either deny the rezoning, approve the rezoning or approve the rezoning with whatever other amendments or additions to the development plan it deems necessary or appropriate. Should the applicant not be agreeable to a development plan in the form in which it is approved by the City Commission, the rezoning petition may be withdrawn at any time prior to the final reading of an ordinance enacting the rezoning. The applicant must file any petition for amendment to the comprehensive plan which is necessary to the approval by the City Commission of the proposed rezoning. An applicant may file concurrently with the rezoning petition any applications for site plan approval as required in this division.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

Once a rezoning to a planned development district has been accomplished, based on an approved development plan, an applicant may not commence development except in accordance with an approved final site plan unless the rezoning ordinance specifically exempts all or part of the development from the site plan requirements. Final site plans may be submitted for approval at one time for all of a planned development or at different times for any parts of a planned development; provided, however, that if a preliminary development plan includes provisions for phased development, no final site plan may be approved for any phase of the development of a prior phase if not sufficiently complete to ensure that the phasing limitations of the approved development plan are met; that the public health, welfare and safety are not adversely affected; and that any phasing requirements are not subverted. Site plans must comply in all aspects with the requirements of the approved development plan with enforcement by the director pursuant to article II of this chapter.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

Along with a rezoning request, an applicant for planned development rezoning shall submit three copies each of the legal description of site and owners, existing conditions map, development plan map, development plan report, and any additional items required by the development services director or the City Commission.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

A legal description of the proposed planned development shall be submitted along with the names of every person owning an interest in any part of the site and the nature of each person's interest.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

This map or series of maps shall be drawn to a scale acceptable to the development services director but in no instance to a scale smaller than one-inch equals 100 feet, and shall include:

(1)

Title of the proposed planned development and names of the applicants;

(2)

Scale, date, north arrow and general location map showing the boundaries of the planned development and the nearest ones without, and the existing property lines for both public and private property within the planned development and for 300 feet surrounding it;

(3)

Within the site and the 300-foot area surrounding it, the location and names of all existing streets; the locations and use of all existing principal buildings and existing recreation or open space areas; the location and size of all existing drainage, water, sewer, electrical and other utilities facilities, including fire hydrants; and all existing easements, watercourses, bridges, lakes, marshes, wooded areas, sinkholes and other physical conditions affecting the area;

(4)

Existing topography at one-inch equals 100 feet with one-foot contour lines;

(5)

Generalized soil types in the project area and surrounding area;

(6)

Information about the type and location of existing vegetation, including the approximate size and location of major tree groupings and those trees with a diameter of at least 12 inches measured four feet from the ground. Aerial and on-site photographs may be used to show vegetation; and

(7)

The location and function of all other existing public facilities which would serve the site, such as schools, parks and fire stations. Notation of this information on a scaled map or by written description is acceptable.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

Such map or maps shall be drawn and submitted, along with an electronic copy of any maps prepared by CAD, at a scale acceptable to the development services director but not smaller than one-inch equals 100 feet, and shall include:

(1)

The proposed land use relationships, including the boundaries of each use area, the uses to be permitted therein and the form of ownership for each use;

(2)

The proposed vehicle, bicycle and pedestrian circulation system, including the general locations and widths of rights-of-way;

(3)

The use and, generally, the size, location, distance from one another and height of all proposed buildings and other structures;

(4)

The location and size of usable open space areas, plazas and recreation areas with an indication for each of whether it will be a common area or dedicated to public use; and

(5)

The location and size of all areas designated for public or semipublic institutional uses, such as schools, places of worship, libraries and public safety facilities.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

This report shall be a part of the development plan and shall include:

(1)

A statement indicating the purpose and intent of the project and the applicant's opinion of how the proposed planned development complies with the goals and policies of the City's comprehensive plan.

(2)

A statement of internal and external land use relationships and the applicant's opinion of their compatibility.

(3)

A plan for pedestrian, bikeway and vehicular circulation describing the general design capacity of the system as well as access points to the major thoroughfare system. A trip-generation report for each phase of development shall be included as a supplement to this plan.

(4)

Statistical information including:

a.

Total acreage of site;

b.

Maximum building coverage expressed as a percentage of the total site area;

c.

Maximum impervious ground coverage expressed as a percentage of the total site area;

d.

The calculated residential density for the project;

e.

The exact number of dwelling units and residential density in each residential use area;

f.

The exact number of commercial land uses by type and size (gross floor area) to be allowed;

g.

The specific acreage of each use area; and

h.

The areas of land devoted to publicly owned usable open space, publicly owned recreational area, publicly owned plazas, common area usable open space, common area recreational areas and common area plazas, all expressed as a percentage of the total site area.

(5)

Drainage concept plan, indicating the manner of controlling water drainage from the property.

(6)

A generalized landscaping plan.

(7)

A statement indicating the design standards proposed to be utilized for all streets and off-street parking and loading facilities, public and private.

(8)

A development schedule for the planned development (or for each phase if phasing is proposed) containing the following information, which schedule shall not be binding except as may be specifically required in the rezoning ordinance:

a.

The order of construction of the proposed land uses by use area delineated in the development plan;

b.

The proposed date for the beginning of construction of such land uses by use area;

c.

The proposed date for the completion of construction on such land uses by use area;

d.

The proposed schedule for the construction of required or permitted improvements of usable open space, plazas and recreational areas within each use area, including any complementary building or other facilities; and

e.

The proposed schedule for the installation of required public or utilities improvements and the dedication of public rights-of-way, easements and properties.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

All required documents are to be examined and approved by the city attorney as contemplated and required by this section and such supporting information as may be reasonably required to permit the certification required by the city attorney under this article.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

(a)

If any of the items required to be included in the development plan map or report is unapplicable or irrelevant to a proposed planned development, such item may be omitted, provided that the development plan report identifies the items missing and includes a brief explanation of why they are irrelevant or inapplicable.

(b)

With the concurrence of the development services director, some items to be included in the development plan report may be combined with others or shown on the development plan map, provided that no confusion or ambiguity thereby results.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

Additional items may be required by the development services director or the City Commission either for informational purposes or to be included in the development plan map or report. Such items may include, but are not limited to:

(1)

An off-street parking and loading plan;

(2)

Any special engineering features and traffic regulation devices needed to facilitate or ensure the safety of the proposed circulation pattern;

(3)

Drawings indicating the general architectural theme or appearance and representative building types; and

(4)

Environmental impact statements or environmental assessments.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

In considering a proposed development plan for approval, the development services director, the board and the City Commission shall evaluate the proposal in consideration of the criteria of this subdivision.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

No development plan may be approved unless it is in accordance with the City's comprehensive plan.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

All land uses proposed with a planned development must be compatible with other proposed uses; that is, no use may have any undue adverse impact on any neighboring use. An evaluation of the internal compatibility of a planned development should be based on the following factors:

(1)

The streetscape;

(2)

The existence or absence of and the location of open space, plazas, recreational areas and common areas;

(3)

The use of existing and proposed landscaping;

(4)

The treatment of pedestrian ways;

(5)

Focal points and vistas;

(6)

The use of the topography, physical environment and other natural features;

(7)

Traffic and pedestrian circulation pattern;

(8)

The use and variety of building setback lines, separations and buffering;

(9)

The use and variety of building groupings;

(10)

The use and variety of building sizes and architectural styles;

(11)

The use and variety of materials;

(12)

The separation and buffering of parking areas and sections of parking areas;

(13)

The variety and design of dwelling types;

(14)

The particular land uses proposed and the conditions and limitations thereon;

(15)

The form of ownership proposed for various uses; and

(16)

Any other factor deemed relevant to the privacy, safety, preservation, protection or welfare of any proposed use within the planned development.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

All land uses proposed within a planned development must be compatible with existing and planned uses of properties surrounding the planned development; that is, no internal use may have any avoidable or undue adverse impact on any existing or planned surrounding use, nor shall any internal use be subject to undue adverse impact from existing or planned surrounding uses. An evaluation of the external compatibility of a planned development should be based on the following factors:

(1)

All of those factors listed in section 134-373 with particular attention to those areas of the planned development located on or near its perimeter;

(2)

The particular use proposed near the planned development perimeter and the conditions and limitations thereon;

(3)

The type, number and location of surrounding external uses;

(4)

The zoning on surrounding lands; and

(5)

Any other factor deemed relevant to the privacy, safety, preservation, protection or welfare of lands surrounding the planned development and any existing or planned use of such lands.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

The residential density and intensity of use of a planned development shall have no undue adverse impact upon the physical and environmental characteristics of the site and surrounding lands, and they shall comply with the policies and density limitations set forth in the comprehensive plan. Within the limitations of the comprehensive plan, the permitted residential density and the intensity of use in a planned development may be adjusted upward or downward in consideration of the following factors:

(1)

The locations of various proposed uses within the planned development and the degree of compatibility of such uses with each other and with surrounding uses;

(2)

The amount and type of protection provided for the safety, habitability and privacy of land uses, both internal and external to the planned development;

(3)

The existing residential density and intensity of the use of the surrounding land;

(4)

The availability and location of utilities services and public facilities and services;

(5)

The amount of the size of open spaces, plazas, common areas and recreational areas;

(6)

The use of energy-saving techniques and devices, including sun and wind orientation;

(7)

The existence and treatment of any environmental hazards to the planned development property or surrounding lands;

(8)

The access to and suitability of transportation arteries proposed within the planned development and existing external transportation systems and arteries;

(9)

Any other factor deemed relevant to the limitation of the intensity of development for the benefit of the public health, welfare and safety; and

(10)

No planned development may exceed a gross density in excess of 14 dwelling units per acre. A lower density cap may be imposed by the elected officials if nonresidential land uses are proposed within the planned development.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

Usable open spaces, plazas and recreation areas provided within a planned development shall be evaluated based on conformance with the policies of the comprehensive plan and the sufficiency of such areas to provide appropriate recreational opportunities, protect sensitive environmental areas, conserve areas of unique beauty or historical significance, provide structure to neighborhood design and encourage compatible and cooperative relationships between adjoining land uses.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

The site of the planned development shall be suitable for use in the manner proposed without hazards to persons either on or off the site from the likelihood of increased flooding, erosion or other dangers, annoyances or inconveniences. Conditions of soil, groundwater level, drainage and topography shall all be appropriate to the type, pattern and intensity of development intended.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

A planned development shall be located on and provide access to a major street unless, due to the size of the planned development and the type of uses proposed, it will not adversely affect the type or amount of traffic on adjoining minor streets.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

(a)

Every dwelling unit or other use permitted in a planned development shall have access to a public street either directly or by way of a private road, pedestrian way, court or other area which is either dedicated to public use or is a common area guaranteeing access. Permitted uses are not required to front on a dedicated public road.

(b)

Private roads and other accessways shall be required to be constructed so as to ensure that they are safe and maintainable and that they allow for sufficient privacy for permitted uses.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

Sufficient off-street parking for bicycles and other vehicles as well as cars shall be provided. The requirements of chapter 118 of this Code shall be used as a guide only. Parking areas shall be constructed in accordance with such standards as are approved by the City Commission to ensure that they are safe and maintainable and that they allow for sufficient privacy for adjoining uses.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

The design of a planned development should, whenever feasible, incorporate appropriate pedestrian and bicycle accessways so as to provide for a variety of movement opportunities.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

No development plan shall be approved unless adequate public facilities including, but not limited to, storm drainage, sanitary sewers, water distribution system and recreational facilities which shall serve the proposed project, are either in place or imminent or proposed to be constructed by the applicant whether or not such facilities are physically located within the site boundaries of the planned development. All recreational facilities shall be constructed prior to development plan approval for over 70 percent of the total residential units within the planned development.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

All land included in any planned development shall be under the complete, unified, legal, or otherwise unencumbered control of the applicant whether the applicant is an individual, partnership, corporation, other entity, group or agency. The applicant shall furnish the City sufficient evidence to the satisfaction of the city attorney that the applicant is in complete, legal and unified control of the entire area of the proposed planned development. The applicant shall provide the city, for approval by the city attorney, all agreements, contracts, deed restrictions, guarantees and other necessary documents and information that may be required by the city attorney to ensure the City that the development project may be lawfully completed according to the plans sought to be approved. No application shall be considered by the City Commission unless the city attorney has certified in writing that the legal requirements of this section have been complied with.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

The City Commission may permit or require the phasing or staging through a master plan of a planned development. When provisions for phasing are included in the development plan, each phase of development must be so planned and so related to previous development, surrounding properties and the available public facilities and services that failure to proceed with subsequent phases of development will have no adverse impact on the planned development or surrounding properties.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

The City Commission may establish reasonable periods of time for the completion of any dedicated public facilities within a planned development, facilities planned for a common area and the total planned development. If phasing is provided for, time limits for the completion of each phase of the development may also be established. Any such time limit may be extended by the City Commission for reasonable periods upon the petition of an applicant for an amendment to the development plan and based upon good cause as determined by the City Commission; provided, however, that such extension of time shall not automatically extend the normal expiration date of a building permit, site plan approval or other development order. If time limits contained in the approved development plan are not complied with and not extended for good cause, the City Commission may rezone the property or any part of it or amend the approved development plan so as to best protect adjoining properties and the public health, welfare or safety.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

The City Commission may include in the development plan requirements for bonds (or alternative therefor) conditioned upon the satisfactory and timely completion of public facilities or facilities planned for common areas for the benefit of purchasers from the applicant when the development time limits and phasing schedule do not preclude the sale of individual lots or units prior to the completion of such facilities.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

Except as noted in section 134-412, an amendment to an approved development plan (except for an extension of a time limit) may be accomplished only by a petition to amend the approved site plan accompanied by a new proposed development plan. All appropriate maps, plans and reports submitted with the approved development plan may be resubmitted with the amendment petition, along with sufficient new maps, plans and reports to clearly and thoroughly indicate the proposed changes, as the new proposed development plan.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

Amendments to the development plan of an approved planned development of the following types may be authorized by the city commission during any required site plan review:

(1)

Minor adjustments or shifts in the location and sighting of buildings, structures, parking bays and parking spaces;

(2)

Changes in the location of utility tie-ins and dumpsters;

(3)

Reductions in the overall density or intensity of structural ground coverage of the development;

(4)

Changes in the location and types of landscape materials, excluding changes in the location of buffers;

(5)

Changes in the walkway and bikeway systems;

(6)

The addition of accessory structures or a utility building of less than 288 square feet;

(7)

The addition of up to five new parking spaces; and

(8)

Any expansion of gross floor area or enlargement of the building envelope which does not require the addition of required parking spaces.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

The rezoning of property by amendatory ordinance to a planned development district based on a particular development plan shall operate the same as any other zoning to prohibit the consideration by the City Commission of any new petition for rezoning for any part of such property, excluding an application to amend the approved development plan, for a period of 12 months from the date of the amendatory action. Neither the denial of a petition to rezone a planned development nor the withdrawal of a petition to rezone the planned development shall operate to deny the applicant consideration of a new rezoning petition at any time, except that no new petition to rezone a planned development may be considered by the City Commission within a period of 12 months from the date of such denial or withdrawal. The denial of a petition to rezone to a category other than planned development shall not act to prohibit the filing of a petition for planned development zoning at any time.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)