4.17.1. Districts and intent.

The PRD Planned Residential Development category includes one (1) zone district: PRD. The purpose of this district is to permit planned residential developments within designated urban development areas as defined within the county's comprehensive plan, which are intended to:

1.

Encourage the development of land as planned residential developments;

2.

Encourage flexible and creative concepts of site planning;

3.

Preserve the natural amenities of the land by encouraging scenic and functional open areas;

4.

Accomplish a more desirable environment than would be possible through the strict application of the minimum requirements of these land development regulations;

5.

Provide for an efficient use of land resulting in smaller networks of utilities and streets and thereby lowering development and housing costs; and

6.

Provide a stable environmental character compatible with surrounding areas.

4.17.2. Permitted principal uses and structures.

1.

Residential dwellings, including conventional single-family dwellings, duplex dwellings, and multiple-family dwellings.

2.

Public or private schools offering curricula comparable to that of public schools.

3.

Marinas and marina developments.

4.

Churches and other houses of worship.

5.

Golf courses, county clubs, and racquet and tennis clubs.

6.

Public buildings and facilities.

4.17.3. Permitted accessory uses and structures.

1.

On-site signs. (See also section 4.18.)

2.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures.

b.

Are located on the same lot as the permitted or permissible use or structure, or on a contiguous lot in the same ownership.

c.

Do not involve operations or structures not in keeping with the character of the district.

4.17.4. Special exceptions. (See also articles 12 and 13.)

1.

Home occupations. (See article 2.1.)

4.17.5. Definitions.

In addition to the definitions contained in article two [2], the following terms, phrases, words, and derivations shall have the following meaning:

1.

Applicant. "Applicant" is a landowner or the landowner's agent or attorney who files a petition for a zoning amendment to a planned residential development district.

2.

Common open space. "Common open space" is an area of land, or an area of water, or a combination of land and water within the area of a planned residential development in common. Common open space may contain such recreational structures and improvements as are desirable and appropriate for the common benefit and enjoyment of residents of the planned residential development.

3.

Gross density. "Gross density" is the total number of dwelling units divided by the total number of acres within the perimeter boundaries of a planned residential development.

4.

Net residential acreage. "Net residential acreage" is the total number of acres within the perimeter boundaries of a planned residential development, excluding areas devoted to streets, rights-of-way, easements, lakes, public and private open space, recreation, and any nonresidential uses which are permitted in this section.

5.

Planned residential development. "Planned Residential Development (PRD),"

a.

Is a concept which required land to be under unified control, planned and developed as a whole in a single development or approved, programmed series of developments for dwelling units and related uses and facilities;

b.

Is a plan which when adopted, becomes the land development regulations for the land to which it is applied;

c.

Includes principal and accessory structures substantially related to the character of the development itself and the surrounding area of which it is a part; and

d.

Is a concept which when implemented allows for development according to comprehensive and detailed plans which include not only streets, utilities, building sites, and the like, but also site plans and elevations for all buildings as intended to be located, constructed, used, and related to each other, and detailed plans for other uses, and improvements on the land as related to the buildings.

6.

Plan. "Plan" is the proposal for development of a planned residential development, including a plat of subdivision, all covenants, grants of easement and other conditions relating to use, location and bulk of building, density of development, common open space, and public facilities.

4.17.6. Procedure for approval of a planned residential development.

The procedure for obtaining a change in zoning for the purpose of undertaking a planned residential development shall be as follows:

1.

Planned residential development zoning and preliminary development plan approval. The applicant shall submit to the land development regulation administrator his or her request for change to a planned residential development zoning district containing the following exhibits:

a.

A statement of objectives describing:

(1)

The general purpose of the proposed development.

(2)

The general character of the proposed development.

b.

A vicinity map showing the location of the proposed planned residential development in relation to:

(1)

Surrounding streets and thoroughfares.

(2)

Existing zoning on the site and surrounding areas.

(3)

Existing land use on the site and surrounding areas.

The vicinity map should be drawn at a scale suitable to show an area of no less than one thousand (1,000) feet on all sides of the property. A greater area may be required if the planning and zoning board determines that information on a larger vicinity is needed.

c.

A boundary survey and legal description of the property.

d.

A topographic survey. The most recent United States Geological Service topographic survey may be utilized if better topographic information is not available.

e.

A site analysis map, at the same scale as the preliminary development plan described below, shall be submitted indicating flood-prone areas, areas with slopes greater than five (5) percent, areas of soils which are marginally suited for development purposes, and tree cover.

f.

A preliminary development plan, drawn at a scale suitable for presentation, showing, and/or describing the following:

(1)

Proposed land uses.

(2)

Lot sizes.

The lot sizes should be indicated either by lot lines drawn in their proposed location or a statement noted on the face of the preliminary development plan concerning lot sizes, including minimum lot sizes proposed.

(3)

Building setbacks.

Building setbacks should be noted and shall define the distance buildings will be set back from:

(a)

Surrounding property lines.

(b)

Proposed and existing streets.

(c)

Other proposed buildings.

(d)

The centerline of rivers, streams, and canals.

(e)

The high-water line of lakes.

(f)

Other manmade or natural features which would be affected by building encroachment.

(4)

Maximum height of buildings.

(5)

Common open spaces.

(6)

Arterial and collector streets and thoroughfares.

Local access streets and interior circulation should be shown on the preliminary development plan for planned residential developments which have no planned arterial or collector streets within the projects.

(7)

Common outside storage areas.

(8)

Screening, buffering, and landscaped buffer areas.

Special provisions: A minimum thirty-five (35) foot natural buffer shall be required from all wetlands, perennial rivers, streams and creeks within this zoning district. The location of residential and water-oriented commercial land uses (with the exception of marinas and marina developments) shall be prohibited within these buffer areas, although non-intensive agriculture, silviculture and resource-based recreational activities shall be permitted within these buffer areas subject to best management practices.

g.

A table showing acreage for each category of land use.

h.

A statement concerning gross density and net residential acreage. (See section 4.17.5 for definition of gross density and net residential acreage.)

i.

A statement concerning proposed floor area ratios (percent of lot in relation to building floor area) and the maximum building coverage expressed as a percent of the total site area.

j.

A preliminary utility service plan including sanitary sewers, storm drainage, and potable water supply, showing general locations of major water and sewer lines, plant location, lift stations, and indicating whether gravity or forced systems are planned. Size of lines, specific locations, and detailed calculations are not required at this stage.

k.

A statement indicating the type of legal instruments that will be created to provide for the management of common areas and any private roads.

2.

Processing the planned residential development zoning application and preliminary development plan submittals. When the land development regulation administrator has received the application and submittals, and is satisfied that the application and submittals are complete, the application shall be processed as any other zoning application in accordance with the provisions of these land development regulations.

The planning and zoning board shall make a recommendation to the board of county commissioners. The board of county commissioners' actions shall be one (1) of the following:

a.

Approval as submitted.

b.

Conditional approval.

c.

Disapproval.

3.

Final development plan. If rezoning approval for the planned residential development is granted, the applicant shall submit a final development plan covering all or part of the approved preliminary development plan within twelve (12) months to the land development regulation administrator. If a final development plan is not submitted within this twelve (12) month period, the land development regulation administrator shall cause the planned residential development district to be removed from the official zoning atlas, mail a notice by registered mail of revocation to the applicant, and reinstate the zoning district which was in effect prior to the approval of the planned residential development. Thirty (30) days prior to any lapse date, the land development regulation administrator shall notify the board of county commissioners and the applicant of such date. The board of county commissioners may extend this twelve (12) month period for a period not to exceed an additional twelve (12) months, provided the request for extension is made by the applicant prior to the expiration of the initial approval period.

The final development plan shall include the following exhibits:

a.

A statement of objectives:

(1)

The general purpose of the proposed development.

(2)

The general character of the proposed development.

b.

A topographic map drawn to scale of one hundred (100) feet to one (1) inch by a registered surveyor and/or engineer showing:

(1)

The location of existing private and public property right-of-way lines, streets, buildings, watercourses, transmission lines, sewers, bridges, culverts, and drain pipes, water mains, and any public utility easements.

(2)

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

(3)

Existing contours shown at a contour interval of one (1) foot.

c.

A development plan drawn at a scale of one hundred (100) feet to one (1) inch and showing:

(1)

The boundaries of the site, topography, and proposed grading plan.

(2)

Width, location, and names of surrounding streets.

(3)

Surrounding land use.

(4)

Proposed streets and street names and other vehicular and pedestrian circulation systems including off-street parking.

(5)

The use, size, and location of all proposed building sites.

(6)

Location and size of common open spaces and public or semi-public areas.

d.

A utility service plan showing:

(1)

Existing drainage and sewer lines.

(2)

The disposition of sanitary wastewater and stormwater.

(3)

The source of potable water.

(4)

Location and width of all utility easements or rights-of-way.

(5)

Plans for the special disposition of stormwater drainage when it appears that said drainage could substantially harm a body of surface water.

e.

A landscaping plan showing:

(1)

Landscaped areas.

(2)

Location, height, and material for walks, fences, walkways, and other manmade landscape features.

(3)

Any special landscape features such as, but not limited to, man-made lakes, land sculpture, and waterfalls.

f.

Statistical information:

(1)

Total acreage of the site.

(2)

Maximum building coverage expressed as a percent of the area.

(3)

Area of land devoted to landscaping and/or common open space usable for recreation purposes expressed as a percent of the total site area.

(4)

Calculated gross density and net residential acreage for the proposed development. (See section 4.17.5 for definition of gross density and net residential acreage.)

g.

The substance of covenants, grants, easements, or other restrictions to be imposed on the use of the land, buildings, and structures, including proposed easements for public and private utilities. All such legal documents, including homeowners associations and deed restrictions, must be approved by the county attorney before final approval of the plan.

4.17.7. Issuance of building permits.

No building permit shall be issued for any portion of a proposed planned residential development until the final development plan has been approved.

4.17.8. Revision of a planned residential development.

Any proposed major and substantial change in the approved preliminary development plan which affects the intent and character of the development, the density or land use patterns, proposed buffers, the location or dimensions of arterial or collector streets, or similar substantial changes, shall be reviewed by the planning and zoning board and the board of county commissioners in the same manner as the initial application. A request for a revision of the preliminary development plan shall be supported by a written statement and by revised plans demonstrating the reasons the revisions are necessary or desirable. All revisions to the approved preliminary development plan shall be consistent with the original purpose, intent, overall design, and integrity of the approved preliminary development plan.

Minor changes, and/or deviations from the preliminary development plan which do not affect the intent or character of the development shall be reviewed and approved by the land development regulation administrator. Upon approval of the revision, the applicant shall make revisions to the plans and submittals and file the revised plans with the land development regulation administrator within thirty (30) days.

Examples of substantial and minor changes are:

Substantial changes:

a.

Perimeter changes.

b.

Major street relocation.

c.

Change in building height, density, land use patterns, or buffers.

Minor changes:

a.

Change in alignment, location, or length of local street.

b.

Adjustments or minor shifts in dwelling unit mixes, not resulting in increased overall density.

c.

Reorientation or slight shifts in building locations.

4.17.9. Planned residential development time limitations.

If substantial construction, as determined by the land development regulation administrator, has not begun within two (2) years after approval of the final development plan, the approval of the planned residential development will lapse. Thirty (30) days prior to any lapse date, the land development regulation administrator shall notify the board of county commissioners and the applicant of such date.

The board of county commissioners may extend the period for beginning construction, at the request of the applicant for a period not to exceed an additional two (2) years, provided the request for extension is made prior to the expiration of the initial approval period. If the planned residential development lapses under this provision, the land development regulation administrator shall cause the planned residential development district to be removed from the official zoning atlas, mail a notice by registered mail of revocation to the applicant, and reinstate the zoning district which was in effect prior to the approval of the planned residential development.

4.17.10. Deviation from the final development plan.

Any unapproved deviation from the accepted final development plan shall constitute a breach of agreement between the applicant and the board of county commissioners. Such deviation may cause the county to immediately revoke the final development plan until such time as the deviations are corrected or become a part of the accepted final development plan.

4.17.11. Phasing.

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

4.17.12. Development standards for planned residential developments.

a.

The minimum size parcel to be considered for planned residential development shall be five (5) acres.

b.

Conformance with the comprehensive plan. Densities for planned residential developments shall be based upon and consistent with the comprehensive plan. No final development plan may be approved unless it is in conformance with the comprehensive plan.

c.

Relationship to zoning district. An approved planned residential development is a separate zoning district in which the final development plan, as approved, establishes the restrictions and regulations according to which the development shall occur. Upon approval, the official zoning atlas will be changed to indicate the area as a planned residential development.

d.

Residential density and housing types. Any combination of residential density and housing types are permitted for a planned residential development, as long as the overall gross density does not exceed the prescribed total number of dwelling units of the comprehensive plan land use classifications contained on the project site.

e.

Dimensional and bulk restriction. The location of all proposed building sites shall be shown on the final development plan, subject to the minimum lot sizes, setback lines, lot coverage, or floor area, specified by the preliminary development plan as approved by the board of county commissioners.

f.

Internal compatibility. All land uses proposed within a planned residential 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 by a planned residential development should be based on the following factors:

(1)

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

(2)

The use of existing and proposed landscaping;

(3)

The treatment of pedestrian ways;

(4)

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

(5)

The traffic and pedestrian circulation pattern;

(6)

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

(7)

The use and variety of building groupings;

(8)

The use and variety of building sizes;

(9)

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

(10)

The variety and design of dwelling types;

(11)

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

(12)

The form of ownership proposed for various uses; and

(13)

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

g.

External compatibility. All land uses proposed within a planned residential development must be compatible with existing and planned uses of properties surrounding the planned residential 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 residential development should be based on the following factors:

(1)

All of these factors listed in this section, with particular attention to those areas of the planned residential development located on or near its perimeter;

(2)

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

(3)

The type, number, and location of surrounding external uses;

(4)

The comprehensive plan designation and zoning on surrounding lands; and

(5)

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

h.

Intensity of development. The residential density and intensity of use of a planned residential development shall be compatible with (that is, 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, specific densities and intensity of uses within a planned residential development shall be determined based on the following factors:

(1)

The locations of various proposed uses within the planned residential 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 residential development;

(3)

The existing residential density and intensity of use of surrounding lands;

(4)

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

(5)

The amount and size of common open spaces and recreation areas;

(6)

The existence and treatment of any environmentally sensitive areas on the planned residential development property or surrounding lands;

(7)

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

(8)

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

i.

Common open space. At least fifteen (15) percent of the area covered by a final development plan shall be usable, common open space owned and operated by the applicant or dedicated to a homeowner association or similar group, provided that in establishing the density per gross acre, the board of county commissioners may increase the percentage of common open space in order to carry out the intent and purpose set forth in this article; and provided, that any planned residential development which only consists of one-family dwellings with individually deeded lots shall only be required to have five (5) percent usable, common open space. Not more than one-half (½) of the total common open space area may be in a floodplain, buffer area, and/or water bodies.

Special provisions. A minimum thirty-five-foot natural buffer shall be required from all wetlands, perennial rivers, streams and creeks within this zoning district. The location of residential and water-oriented commercial land uses (with the exception of marinas and marina developments) shall be prohibited within these buffer areas, although non-intensive agriculture, silviculture and resource-based recreational activities shall be permitted within these buffer areas. For all uses other than single-family residential, agricultural and silvicultural adjacent to a "Work of the District" as established in F.A.C. ch. 40B-4, as amended, a minimum buffer setback shall be required for rivers, streams and creeks, and their floodways, as required within such rule.

j.

Access and parking. All streets, thoroughfares, and access ways shall be designed to effectively relate to the traffic circulation plans of the area. Adequate off-street parking shall meet the requirements specified for the particular uses found in the district regulations and section 4.18 of these land development regulations.

k.

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

l.

Internal transportation access. Every dwelling unit or other use permitted in a planned residential development shall have access to a public street either directly or by way of a private road. Permitted uses are not required to front on a dedicated public road. Private roads shall be constructed according to county specifications as established by the county's subdivision regulations. If the planned residential development contains any private roads, such private roads shall be owned and maintained by the applicant or dedicated to a homeowners association or similar group.

m.

Perimeter requirements. The board of county commissioners may impose the requirement that structures, buildings, and streets located at the perimeter of the development be permanently screened by providing a landscaped buffer area (see section 4.18) to protect the privacy of the adjacent existing uses. (See section 4.18.30 for right-of-way setback requirements.)

n.

Control of area following completion. After completion of a planned residential development, the use of the land and/or modification or alteration of any buildings or structures within the area covered by the plan shall continue to be regulated in accordance with the approved final development plan except as otherwise provided for herein.

(1)

Minor extensions, alterations, or modifications of existing buildings or structures may be permitted after review and approval by the land development regulation administrator, provided they are substantially consistent with the original purpose, intent, overall design, and integrity of the final development plan.

(2)

Substantial change in permitted uses, location of buildings, or other specifications of the final development plan may be permitted following public hearing and approval by the board of county commissioners upon receipt of the recommendation of the planning and zoning board, as long as such changes are consistent with the original purpose, intent, overall design, and integrity of the final development plan.