The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means the property owner or the property owner's authorized agent seeking to develop land as a planned development pursuant to this article.

Common open space means a parcel of land or a combination of land and water within a planned development designed and intended for the use or enjoyment of the patrons or residents of the planned development. Common open space shall be integrated throughout the planned development to provide for a linked recreational/open space system.

Concept plan means a generalized plan illustrating the assessment and possible suitable development of a site.

Construction means the process, usually requiring the professional services of an architect and/or engineer, of building, altering, repairing, improving or demolishing any structure or building or other improvements of any kind to any real property.

Construction schedule means a comprehensive statement demonstrating the type and extent of development to be completed within the various practicable time limits and the order in which development is to be undertaken. A construction schedule shall contain an exact description of the specific buildings, facilities, common open space and other improvements to be developed by the end of each time period.

Phase means a specified portion of an approved planned development that may be developed as an independent entity which is delineated in the approved land use and site/construction plans and specified within the construction schedule.

Land use plan means the plan approved by the city council pursuant to this article and on file with the city which establishes the planned development zoning designation on the applicant's property.

Planned development means an area of land developed as a single entity or in approved phases in conformity with approved land use and site/construction plans by a property owner or a property owner's authorized agent(s), which is comprehensively planned to provide for a variety of land uses and common open space.

Site means the actual physical area to be developed as a planned development, including the natural and man-made characteristics of the area.

Site/construction plan means a detailed, dimensional plan at a reproducible scale providing information and graphic depiction of all physical development relationships to occur within a tract of a planned development.

Tract means an area of land delineated within a phase, which is separate unto itself having a specific legal description of its boundaries. A tract delineates all land uses, such as common open space, recreational area, development areas, and all other applicable areas, except single residential dwelling unit lots.

(Ord. No. 11-2012, § 3(Exh. B), 7-17-12)

(a)

The intent and purpose of the planned development zoning district are as follows:

(1)

To allow for diversification of uses, structures, and open space in a manner that is compatible with existing and permitted land uses on abutting properties.

(2)

To reduce development and energy costs resulting from a more efficient use of the land design and network of utilities and streets than would be possible through the application of the conventional zoning districts.

(3)

To ensure that development will occur according to limitations of use, design, density, height, lot coverage, and phasing that is stipulated on an approved land use plan.

(4)

To preserve the natural amenities and environmental assets of the land by encouraging innovation in design for the preservation and improvement of scenic and functional open areas.

(5)

To provide the maximum opportunity for the application of innovative architectural design and development concepts in the creation of aesthetically pleasing living, shopping and working environments on properties of adequate size, shape, and location.

(6)

The planned development district is a flexible zoning district which is intended to provide an appropriate balance between the intensity of development and the ability to provide adequate support services and facilities.

(7)

To streamline the procedure for obtaining approval of proposed developments through simultaneous review by the city of land use, site considerations, public needs and health and safety factors.

(Ord. No. 11-2012, § 3(Exh. B), 7-17-12)

The following uses shall be permitted in a planned development zoning district pursuant to an approved land use plan:

(1)

Planned commercial centers. Complementary and compatible residential uses, office uses and industrial uses may be included if they are compatibly and harmoniously designed into the commercial center within a planned development zoning district.

(2)

Planned attraction and destination uses. Complementary and compatible residential uses may be included, provided that their design within the planned development zoning district will produce a reasonable living environment.

(3)

Planned mixed-use development uses. Complementary and compatible residential uses may be included, provided that their design within the planned development zoning district will produce a reasonable living environment.

(4)

Planned industrial and office parks. Complementary and compatible commercial uses may be included if they are properly integrated into the total industrial or office park within a planned development zoning district.

(5)

Other uses. Any other private, public or semipublic use that is complementary to, and compatible with planned commercial, attraction and destination, mixed-use, office or industrial developments.

(Ord. No. 11-2012, § 3(Exh. B), 7-17-12)

(a)

In all planned developments, all common facilities shall be maintained in perpetuity for their intended purpose as identified in the approved land use plan. One of the following methods or a combination of the following methods shall be utilized for maintaining common facilities:

(1)

Public dedication to the city subject to formal acceptance by the city in its sole discretion.

(2)

Establishment of a nonprofit property owners' association comprised of all persons owning property within the planned development subject to the following:

(A)

The applicant shall establish the association prior to the sale of any parcels or tracts.

(B)

Membership in the association shall be mandatory for all property owners within the planned development, and the association shall not discriminate in its members or shareholders.

(C)

The association shall manage all common open space and recreational facilities that are not dedicated to the public; shall provide for the maintenance, administration and operation of the land and any other land within the planned development not publicly or privately owned; and shall secure adequate liability insurance on the property.

(D)

Title to all common open space shall be an undivided fee simple estate to all property owners.

(E)

The applicant shall turn over control of the association in an orderly manner consistent with Chapter 718, Florida Statutes.

(3)

Retention of ownership, control and maintenance of common facilities by the applicant.

(b)

A privately owned common open space shall continue to conform to its intended use and remain as expressed in the approved land use plan through the inclusion in all deeds of appropriate restrictions to ensure that the common open space is permanently preserved according to the land use plan. The deed restrictions shall run with the land and be for the benefit of property owners and shall contain a prohibition against partition.

(c)

All common open space, as well as public and recreational facilities, shall be specifically included in the construction schedule and shall be constructed and fully improved by the applicant at an equivalent or greater rate than the construction of other structures.

(Ord. No. 11-2012, § 3(Exh. B), 7-17-12)

The city shall have the right to evaluate the physical layout, architectural characteristics and amenities of the planned development and to suggest changes or modifications designed to create compatibility and conformity in the variety of uses within the development to ensure, protect and promote the health, safety and general welfare of the property owners of the planned development and the residents of the city.

(Ord. No. 11-2012, § 3(Exh. B), 7-17-12)

No building permit for construction within a planned development shall be issued by the city until the site/construction plan has been approved.

(Ord. No. 11-2012, § 3(Exh. B), 7-17-12)

Failure of an applicant to submit a site/construction plan for the entire development, or any phase therein, within five years from the date of the city council's approval of a land use plan shall result in the automatic revocation of an approved land use plan. Revocation of a land use plan under this section shall result in the subject property reverting to its previous zoning classification and the official zoning map shall be changed accordingly to reflect such revocation. In the event of revocation, an applicant shall have no further development rights and any subsequent application for a planned development shall be subject to the land use plan approval requirements of this Article.

(Ord. No. 11-2012, § 3(Exh. B), 7-17-12)

In addition to any other method of enforcement, the city shall have the power to enforce this article by an appropriate suit in equity.

(Ord. No. 11-2012, § 3(Exh. B), 7-17-12)

Each application for planned development zoning shall be subject to the submittal and review procedures of this division, which shall include the submittal and approval of a concept plan, land use plan and site/construction plan consistent with the provisions set forth herein.

(Ord. No. 11-2012, § 3(Exh. B), 7-17-12)

(a)

Concept plan required. Prior to an applicant's formal submittal of a land use plan for planned development zoning, the applicant and their registered engineer, architect and/or site planner shall attend a pre-application conference with the development review committee and such other personnel deemed necessary by the planning official to determine the feasibility and suitability of the application. This step is required so that the applicant may obtain information and guidance from city personnel before entering into any binding commitments or incurring substantial expenses of site plan preparation.

(b)

Concept plan submittal requirements. The concept plan shall consist of a generalized sketch drawn to scale (the proportion and locations of land uses may be generalized), and which shows or addresses the following:

(1)

Boundary of the subject property, identified by a heavy line.

(2)

Major natural features located on the property such as lakes, streams and conservation areas.

(3)

Existing or proposed streets abutting the subject property and other major streets and intersections within 500 feet of access points to the subject property.

(4)

Generalized location map and legal description, including acreage.

(5)

Proposed land use types and their locations (land use or building bubbles are acceptable).

(6)

Gross densities.

(7)

Approximate number of residential units.

(8)

Approximate floor area for commercial, office or industrial uses.

(9)

Adjacent zoning.

(10)

Anticipated internal major road network.

(11)

Anticipated maximum building height.

(12)

Anticipated phasing schedule.

(13)

Proposed method of providing:

A.

Water service (including fire protection).

B.

Sewage disposal.

C.

Stormwater management.

D.

Parks/recreation facilities.

E.

Schools, if applicable.

(c)

City review and comment. The development review committee and any other personnel deemed necessary by the planning official shall conduct a preliminary and non-binding review of the concept plan. Comments and statements made by city officials as part of the concept plan review are non-binding unless memorialized in a written agreement approved by the city council. City staff shall not make a formal recommendation regarding the proposed project at this time, unless the application is accompanied by a written development agreement being proposed by city staff for the city council's approval, in which case, city staff shall make a recommendation regarding the application and proposed agreement. This preliminary and non-binding review shall not be relied upon by the applicant as a final decision and shall not be construed in any manner as creating any vested right or entitlement for the development of the subject property.

(Ord. No. 11-2012, § 3(Exh. B), 7-17-12)

(a)

Land use plan application. Applicants shall submit a land use plan application for planned development zoning to the planning official. The application shall include the required number of copies of plans and exhibits as determined by the planning official and shall contain the name of the applicant, site planner, surveyor and/or engineer who prepared the land use plan, topographic data map and the name of the proposed planned development.

(b)

Exhibits. The following shall be attached as exhibits to the land use plan application:

(1)

Vicinity map indicating the relationship between the planned development and its surrounding area, including adjacent streets and thoroughfares.

(2)

Land use plan that shall contain but not be limited to the following information:

A.

Proposed name or title of project and the name of the engineer, architect, site planner, surveyor and applicant.

B.

North arrow, scale of one inch to 200 feet or larger, date and legal description of the proposed site.

C.

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.

D.

Name and location of adjoining developments and subdivisions.

E.

Proposed parks, school sites or other public or private open space, as applicable.

F.

Vehicular and pedestrian circulation systems, including off-street parking and loading areas, driveways and access points.

G.

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 uses and the total number of dwelling units, minimum net living floor area, building height, non-residential gross floor area, non-residential floor area ratio, setbacks, open space, and buffers.

H.

Proposed common open space, including the proposed improvements and any complementary structures and the tabulation of the percent of the total area devoted to common open space. Areas qualifying for common open space shall be specifically designated on the land use plan.

I.

Delineation of specific areas designated as a proposed phase.

J.

General statement, including graphics, indicating proposed corridors of drainage and direction, natural drainage areas, specific areas which are to function as retention lakes or ponds, anticipated method for accommodating runoff (curb and gutter, swales, other) and treatment methods for discharge into area waterways for the site to ensure conformity with natural drainage within the vicinity area or with the drainage plan established within the vicinity area.

K.

General location within the site of each land use and the proposed amount of land for each tract.

L.

Schematic drawing of the elevation and architectural construction of the proposed structures.

M.

The proposed method of dedication and administration of proposed common open space.

(3)

Topographic data map drawn to a scale of 200 feet to one inch or larger by a registered surveyor or engineer showing the following:

A.

The location of existing property lines both for private property and public property, streets, buildings, watercourses, transmission lines, sewers, bridges, culverts and drainpipes, water mains and any public utility easements.

B.

Wooded areas, streams, lakes, marshes and any physical conditions affecting the site.

C.

Existing contours based on U.S. coast and geodetic data with a contour interval of two feet and proposed finished elevations.

(c)

Development review committee review. Within 14 days of receipt of a complete application, the development review committee shall formally review the proposed land use plan for planned development zoning to determine the feasibility and suitability of the plan, and shall provide written comments and recommendations to the applicant. The applicant shall be given an opportunity to review, respond to and make any changes deemed appropriate to conform to the comments and recommendations of the development review committee.

(d)

Recommendation to planning and zoning board. Following applicant's resubmittal, if any, the development review committee shall issue a written recommendation to the planning and zoning board to approve, approve with conditions, or to deny the land use plan application. A copy of the recommendation shall be sent to the applicant prior to the planning and zoning board public hearing. The planning official shall schedule the application for a public hearing before the planning and zoning board during its next available regular meeting.

(e)

Planning and zoning board review. Upon receipt of the development review committee's written recommendation, the planning and zoning board shall conduct a public hearing to review the application and shall issue a written recommendation to the city council to approve, approve with conditions, or to deny the land use plan application. The planning and zoning board's recommendation shall be based on consideration of the following criteria:

(1)

Degree of departure of proposed planned development from surrounding areas in terms of character, density, and intensity of use.

(2)

Compatibility within the planned development and relationship with surrounding neighborhoods and other uses.

(3)

Prevention of erosion and degrading of surrounding areas.

(4)

Provision for future public education (if required), recreation facilities, transportation, water supply, sewage disposal, surface drainage, flood control and soil conservation, as shown in the land use plan.

(5)

The nature, intent and compatibility of common open space, including the proposed method for the maintenance and conservation of the common open space.

(6)

The feasibility and compatibility of the specified phases contained in the land use plan to exist as an independent development.

(7)

The availability and adequacy of water and sewer service to support the proposed planned development.

(8)

The availability and adequacy of primary streets and thoroughfares to support traffic to be generated within the proposed planned development.

(9)

The benefits within the proposed development and to the general public to justify the requested departure from the standard land use requirements inherent in a planned development zoning district.

(10)

The conformity and compatibility of the planned development with any adopted development plan of the city.

(11)

The conformity and compatibility of the proposed common open space and land uses within the proposed planned development.

(f)

City council review. Upon receiving the recommendation of the planning and zoning board, the city council shall, at a regularly scheduled public hearing, review the application and the recommendation of the planning and zoning board and shall either approve, approve with conditions, or deny the land use plan application. Approval of the land use plan application indicates approval of the planned development zoning designation on the subject property. The city council's decision shall be based on consideration of the criteria set forth in subsection (e) herein.

(g)

Recordation of land use plan and planned development zoning designation. Upon the city council's approval of any land use plan pursuant to this section, the city's official zoning map shall be revised to reflect a planned development zoning designation on the subject property. Any such approval shall become a binding condition on the use of the land encompassed by the land use plan under the applicable planned development zoning district regulations. A copy of the land use plan and required exhibits shall be maintained on file with the city clerk as a permanent record.

(Ord. No. 11-2012, § 3(Exh. B), 7-17-12)

(a)

Time limits. An applicant shall have five years from the date of the city council's approval of any land use plan for planned development zoning in which to file a site/construction plan application for the entire property or any phase thereof. At the request of the applicant and for good cause shown, the city council may extend the period required for filing the application for a time certain. Any such request shall be submitted to the planning official in writing prior to the expiration of the five years.

(b)

Application and review procedure.

(1)

Generally. Site/construction plan applications submitted pursuant to this article shall be subject to the general site plan submittal and review procedures set forth in article VI of this chapter. The requirements and procedures set forth in this section shall be supplemental and in addition to the provisions of article VI.

(2)

Pre-application conference. Prior to the commencement of formal site/construction plan review pursuant to this section and article VI of this chapter, the applicant shall meet with the development review committee to discuss the basic site/construction plan requirements outlined in this division.

(3)

Submittal. The site/construction plan application shall be submitted to the planning official and shall be accompanied by the following:

a.

Site/construction plan reflecting and including the information set forth in section 110-222 of this Code.

b.

A legal description of the planned development boundaries.

c.

A construction schedule, which shall contain the following information:

A.

The order of construction of the tracts as delineated in the phases of the land use plan.

B.

The proposed schedule for the construction and improvement of common open space with the phase, including any complementary structures.

d.

Deed restriction proposals, consistent with the requirements of this article, to preserve the character of the common open space. The deed restrictions shall include a prohibition against partition by any property owner.

e.

If the applicant elects to use a nonprofit association to administer common open space, the proposed bylaws of the association or the certificate of incorporation and the corporate bylaws of the nonprofit corporation shall be submitted for approval by the city.

f.

Instruments dedicating all rights-of-way, easements and other public lands shown on the site/construction plan from all persons having any interest in the land.

g.

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 division.

h.

Instruments demonstrating that all necessary off-site easements or dedications have been acquired. In lieu of originals, certified true copies will be accepted with the recording information from the public records of the county included thereon.

i.

A title opinion from an attorney showing the status of the title to the site encompassed by the site/construction plan and all liens, encumbrances and defects, if any.

(4)

Review. Upon submission of a complete site/construction plan application consistent with the requirements of this section and article VI of this chapter, the application shall be processed and reviewed consistent with the procedures of section 110-223 of this Code.

(c)

Approval in phases. An applicant may request approval for the entire planned development or any phase therein designated in the approved land use plan.

(d)

Recordation of site/construction plan. Any site/construction plan approved pursuant to this section, and any accompanying exhibits thereto, shall be maintained on file with the city clerk as a permanent record.

(e)

Amendments; sale or transfer of tracts. An applicant may amend a previously-approved site/construction plan or offer tracts for sale or transfer as follows:

a.

Upon the issuance of a building permit based on an approved site/construction plan, the planned development shall be built substantially in accordance with the site/construction plan and the associated specifications. If, after such approval, the applicant or successors desire to modify the site/construction plan, such proposed modifications shall first be submitted to the planning official. If the planning official deems the modifications to the approved site/construction plan to substantially deviate from the approved plan, the application for modification shall be subject to the review procedures of this section and article VI of this chapter.

b.

Upon approval of the site/construction plan, the applicant may sell or transfer any separately identified parcel or tract of land within the boundaries of the site/construction plan not designated as common open space or areas specified for the use of all owners within the planned development.

(Ord. No. 11-2012, § 3(Exh. B), 7-17-12)