(A)

Purpose, objective, and intent. The purpose of the planned unit development (PUD) regulations, standards, and criteria contained in this section is to provide an alternate zoning district under which land can be subdivided, developed, or redeveloped with innovation, imagination, and creative architectural design when sufficiently justified under the provisions of this chapter. Further, to encourage a higher level of design and amenity than is possible to achieve under otherwise applicable zoning regulations and to insure the harmonious and appropriate mixture of uses; to facilitate the adequate and economic provision of streets, pedestrian ways, bikeways, utilities, and city services; to preserve the natural, environmental and scenic features of the site; and to encourage and provide a mechanism for arranging improvements on sites so as to preserve these desirable features.

The end result shall be a development which fulfills the objectives of the comprehensive plan and planning policies of the city while departing from the strict application of the use and bulk regulations of the zoning ordinance and the design standards of the subdivision control regulations.

The planned unit development is intended to permit and encourage such flexibility and to accomplish the following purposes:

• To stimulate creative approaches to the residential and commercial development of land and streetscape design;

• To provide more efficient use of land;

• To preserve natural features and provide common open space areas and recreation areas;

• To develop new approaches to the living environment through variety in type, design and layout of residential structures, commercial buildings, transportation systems, public facilities, shared parking and pedestrian ways;

• To unify building and structures through a common design scheme;

• Buffer land uses proposed for the PUD so as to minimize any adverse impact which new development may have on surrounding properties; additionally to provide buffers and transitions of density within the PUD itself to distinguish between different land use areas.

Inherent to realizing these objectives are being adhered to is continuous and in-depth scrutiny of the proposed planned unit development. Hence, to enable thorough analysis of a planned unit development, more information is demanded about the proposal than would be required if development were being pursued under conventional zoning requirements.

The development of a PUD allows flexibility from the restraints of the conventional zoning ordinance and subdivision regulations and shall be granted only upon a recommendation of the planning commission and approval by the city council.

(B)

General requirements for a planned unit development (PUD).

(1)

The granting of a PUD application shall require a rezoning by way of an amendment to the official zoning map upon the recommendation of the planning commission and approval of the city council. Additionally, a PUD is considered a subdivision and subject to all applicable sections of the City of Florence Subdivision Regulations.

(2)

Any land use authorized in this zoning code may, upon approval by the planning commission and city council, be included in a PUD subject to adequate protection of the public health, safety, welfare, and the compatibility of various land uses both within and outside the development. Proposed land use within a PUD shall be:

(a)

Necessary or desirable for and appropriate to the primary purpose of the planned unit development;

(b)

May not be of a nature, or so located, as to adversely affect the surrounding neighborhood.

(3)

The minimum size of a planned unit development shall be forty (40) acres. The planning commission may consider a lesser area upon sufficient justification by the applicant that the proposed application meets the intent of these regulations and the comprehensive plan of the City of Florence.

(4)

If the PUD is approved by the planning commission and subsequently the city council, the site plan/plat shall be recorded with all necessary certificates and required surety for public improvements as applies to the subdivision regulations of the City of Florence. Further, all proposed land uses within the PUD, as approved by the planning commission and city council, shall be listed on the plat for recording.

(5)

The tract of land for a PUD may be owned by either a single person, a corporation, government agency, or a group of individuals or corporations. An application must be filed by the owner or jointly by the owners or contract purchasers of all properties included in the project.

(6)

A PUD may be approved by the planning commission and city council in any district provided the applicant can demonstrate that the characteristics of the proposal can meet the objectives of these regulations.

(7)

There shall be no modifications to an approved PUD plan with regard to an increase in the permitted uses, or other changes which may negatively impact adjoining properties either surrounding or within the PUD unless the proposed changes are submitted to and approved by the planning commission and the city council.

Proposed modifications to a PUD plan that are considered minor, such as changes in building layout, circulation, parking, open-space, building spacing, etc; may be approved by the planning, building and engineering departments.

A revised plat shall be required to reflect proposed changes that alter the configuration of the original plat.

(8)

A review of a PUD shall be based on planned unit development design standards, a copy of which can be obtained from the planning department.

The standards contained in the planned unit development design standards provide guidance on design matters more directly related to ensuring the proposed PUD is of high quality by promoting open space, architectural compatibility and common design scheme, streetscape, recreational needs, protection of existing neighborhoods, safety in traffic flow and circulation, and ease and protection of pedestrian access.

The design review of PUD proposals by the planning commission and city council will strive for the following goals:

• To fulfill the purpose, objective and intent of the PUD regulations;

• Provide standards for the orderly development of the PUD and the promotion of high quality development for the City of Florence;

• Implement the goals, objectives and policies of the master plan related to quality development, neighborhood compatibility, and the requirements contained within the planned unit development regulations;

• Maintain and protect the value of property;

• Promote initiative and innovation in design.

Examples in design and materials in the planned unit development design standards are illustrative of concepts and should not be interpreted as the only solution.

Through the course of review for each PUD, the design concept and application of the standards will be reviewed in its entirety. The intent of the planned unit development design standards shall be satisfied. if a deviation is proposed, the developer shall demonstrate how an alternative design solution will better the proposed PUD design and still provide conformance of the PUD to meet the intent of the applicable section.

The developer shall provide justification for departure from any specific design standard to the planning commission and city council for review and approval.

(C)

Planned unit development standards.

(1)

In general.

(a)

Deviation from conventional development: Deviations from the applicable setbacks, parking and loading, general provisions, and other requirements may be granted as part of the overall approval of the PUD, provided there are features or elements demonstrated by the applicant and deemed adequate by the city council upon the recommendation of the planning commission. The aforementioned features shall be designed into the project plan for the purpose of achieving the objectives of these regulations.

(b)

Landscaping design and buffering: There shall be a minimum perimeter setback/buffer area around the PUD of one hundred (100) feet in depth. This depth may be reduced to a minimum of fifty (50) feet depending on the nature and extent of landscaping, berms, and other improvements for the purpose of buffering the development in relation to surrounding properties. The setback distance need not be uniform at all points on the perimeter of the development upon justification and approval by the planning commission.

In addition, a planted buffer area of fifty (50) feet in depth shall be required within the PUD interior for the separation between single-family residential and multi-family residential and all non-residential uses. Pedestrian paths and bikeways shall be provided within these separation buffer areas. Where residential use adjoins non-residential use, berming shall be required within the separation strip nearest the non-residential portion of the PUD.

Where non-residential uses adjoin off-site residentially zoned property, noise reduction and visual screening mechanisms such as earthen and/or landscape berms and/or decorative walls shall be required.

The planning commission, shall review the landscaping, design and location of buffer areas, streets, plazas, pedestrian ways based on the planned unit development design standards. A copy can be obtained from the planning department.

(c)

Design of public facilities/utilities: Thoroughfare, drainage, and utility design shall meet or exceed the standards otherwise applicable in connection with each of the respective types of uses served. There shall be underground installation of all utilities.

(d)

Pedestrian ways: Pedestrian walkways shall be separated from vehicular circulation.

(e)

Sidewalks and street trees: Sidewalks are required on both sides of a street for all residential and non-residential areas within the planned unit development.

Street trees shall be required for the entire development on both sides of all rights-of-way. In addition, trees shall be required at points along all other pedestrian ways within the PUD.

Sidewalks and street trees shall be installed in accordance with the Code of the City of Florence, Appendix A, Subdivision Regulations.

(f)

Signage, lighting, landscaping and building materials: The exterior of all structures, and other features of the project, shall be designed and completed with the objective of achieving an integrated and controlled development. Review shall be based on the planned unit development design standards. A copy can be obtained from the planning department.

(g)

Access to public street: Every dwelling unit or other use within the PUD shall have direct access to a public or private street via pedestrian ways, courts, or other access related easements. It should not be construed that access for permitted uses must front on a dedicated street.

(h)

Build-to lines and access/residential: All residential uses shall be situated and faced at a "build-to" line as determined by the planning commission rather than setbacks on a building site so as to be pedestrian friendly near the street. For property owners, residential vehicular access and parking shall be via alley ways or service roads to the rear of the buildings unless the application for the PUD can sufficiently justify a deviation from this requirement.

Any drives and lanes which may be privately owned, and which provide access to individual structures, buildings, and uses within the planned unit development shall, by the nature and intent of the district, be considered and serve as mutual rights of access for owners, tenants, invited guests, clients, customers, support and utility service personnel, and emergency service providers, including law enforcement, fire protection, and ambulance services. No gates, structures, or other barriers shall be constructed across said accessways which may impede, limit, or restrict the above rights of access.

(i)

Build-to lines/non-residential: All non-residential uses shall be faced and situated at "build-to" lines as determined by the planning commission rather than setbacks on a building site so as to be pedestrian friendly near the street with parking to the sides or rear. Common pedestrian/plaza areas are encouraged at building fronts with uses incorporating a shared parking scheme whenever possible. At street intersections, main buildings should be located next to the corner provided there is no encroachment on the visibility triangle as determined by the planning commission to achieve the objectives of these regulations. Parking, loading, or service may not be located at an intersection.

(j)

Interconnectivity of the PUD: The individual land use components of the master PUD plan shall be interconnected by safe and convenient pedestrian linkages.

(k)

Landscaping design: Landscaping of buffer areas, streets, plazas, and pedestrian ways is addressed in planned unit development design standards. A copy can be obtained from the planning department. In general, street trees shall be required for the entire development for all rights-of-ways in accordance with the subdivision regulations of the City of Florence.

(l)

Open Space. There shall be dedication, construction and maintenance of open space within the PUD for use by all residents as well as the general public. Open space requirements are outlined in Section III.C. of these regulations.

(m)

Street Design. The design of public and private streets within the PUD shall comply with all applicable city standards and traffic calming techniques as may be required. A reduction of right-of-way, pavement widths, and street widths may be approved by the planning commission where it is determined that:

• The PUD plan provides for separation of vehicular, pedestrian, and bicycle traffic;

• Access for emergency service vehicles is not impaired;

• Adequate off-street parking is provided for the uses proposed;

• Adequate space for public utilities is provided;

• On street parking is prohibited or only allowed on one (1) side of a street.

(n)

Concurrent construction of PUD elements: A planned unit development proposed for mixed use shall require concurrent construction of both residential (single-family and/or multi-family) and commercial (non-residential) phases at a reasonable percentage as approved by the planning commission and city council so as to insure adherence to the intent of the master plan for the PUD.

Further, each element of the planned unit development (single-family, multi- family, and non-residential/commercial) shall stand alone with regard to required open space, buffering, stormwater detention, and other criteria to meet the intent of these regulations.

(o)

Ambiguities: The planning commission shall resolve all ambiguities as to applicable regulations using the zoning ordinance, master plan, subdivision regulations, planned unit development design standards, and other city standards or policies as a guide.

(2)

Area and dimensional regulations.

(a)

Minimum lot area. There is no minimum lot area within the PUD with the exception that a privacy yard, having a minimum area of three hundred (300) square feet, is provided for each single-family attached or detached dwelling unit lot. For purposes of this section, a "privacy yard" shall mean an open space on a private lot open to the sky for the private enjoyment of the occupants of the lot. This yard shall be screened with a wooden, vinyl, or masonry privacy fence a minimum of six (6) feet in height.

(b)

Minimum lot width. There is no requirement for minimum lot widths within the PUD.

(c)

Density and building site coverage.

Allowable density: The allowable density in a PUD shall not exceed the following:

1.

Single-family dwellings, attached or detached: Eight (8) dwelling units per acre of the total acreage devoted to single-family development. No more than six (6) dwelling units may be in any individual single-family attached cluster.

2.

Multi-family dwellings: Sixteen (16) dwelling units per acre of the total acreage devoted to multi-family development.

3.

Non-residential uses: The gross maximum building site coverage by all non-residential uses shall be fifty-five (55) percent of the acreage devoted to non-residential uses provided such percentage is compatible with the integrity of the overall PUD.

Bonus density:

The allowable density for residential uses and maximum building site coverage by non-residential uses may be increased upon approval by the planning commission and based upon the unique character of the property of the proposed PUD, and after taking into account the topographical, historical nature, water and recreational attributes, aesthetics, and planned amenities of the PUD that would justify such flexibility.

(d)

Minimum setbacks or build-to lines. In general, there shall be no minimum setback requirement for lots within the PUD other than a corner lot visibility triangle. However, a designated minimum and maximum setback or "build-to" line shall be determined for the PUD and recorded on the plat for the purpose of consistency of design.

(e)

Build-to lines. Rather than conventional setback requirements, there shall be established build-to lines, as approved by the planning commission. This is to allow the PUD to become more pedestrian friendly. There shall be designated a minimum build-to line and a maximum build-to line with a maximum distance between of five (5) feet in which the part of the structure nearest the street or access easement will be served.

Structures are encouraged to be staggered within these build-to lines so as to provide additional visual articulation for the streetscape of the PUD.

There shall be no parking within the established build-to lines.

Front porches and handicap ramps may be exempt from build-to lines as approved by the planning commission upon submittal of a detailed site plan of the particular lot in question accompanied by a letter from the PUD homeowners/property owners association indicating their concurrence of the proposal.

(f)

Maximum building height. The maximum height for all buildings within a PUD shall be thirty-five (35) feet unless the proposed design of the project justifies flexibility in height requirements.

(g)

Spacing between buildings. Building spacing within PUD design shall take into consideration provisions for privacy, light and air, especially for living spaces and bedrooms. At a minimum, spacing between the sides of detached buildings shall be at least fifteen (15) feet.

(h)

Parking. Single-family attached or detached, and multi-family units shall provide two (2) spaces per dwelling unit. Residential parking and access shall be provided by an alleyway or service road to the rear of the buildings.

For non-residential uses, the total design scheme shall be considered along with the requirement for shared facilities and maneuvering areas and the number of spaces may be reviewed and negotiated on a case by case basis in order to provide greater flexibility of development within the PUD.

(i)

Signage. All signs within the PUD shall be architecturally compatible and consistent in design and theme throughout the planned unit development.

Placement of signs on public rights-of-ways shall be subject to the Manual on Uniform Traffic Control Devices.

Building mounted signs shall be the predominant signage on the project site. Freestanding signs shall be monument style and of a limited size and height. The use of signage design guidelines is required for multi-phased projects.

The review of architectural character shall be considered in accordance with the planned unit development design standards.

Wayfinding signs within the PUD shall be uniform in design and height.

The general architectural nature of signage, placement and dimensions shall be presented with elevation layouts upon submittal of the general plan for the planned unit development to the planning commission.

(3)

Open space. There shall be open space dedicated for the PUD development; conveniently located, accessible, and visible for the occupants and/or the general public. Open space shall remain in its natural state and/or be restricted for use for active and/or passive outdoor recreational purposes harmonious with peaceful, residential uses in and surrounding the development. Open space may also contain such elements as parks, bike ways, pedestrian paths, courtyards, plazas, pools, tennis courts, ball fields, various buildings or structures intended for recreational use, provide natural greenbelts along roadways, and to preserve a buffer from adjacent land uses where appropriate.

All open spaces within a PUD shall be connected by a comprehensive on-site pedestrian circulation system which connects to public rights-of-ways at multiple locations within the development.

The amount of open space, including the area and percentage of the site, shall be specified on the site plan.

(a)

Open space ownership. Two (2) types of ownership of open space will be permitted in a planned unit development.

(1.)

Public ownership open space is dedicated in fee to the City of Florence; the open space is then operated and maintained by the city and is open for public use.

(2.)

Common ownership open space is owned and maintained in common by all the owners in the P.U.D. through a property owner association.

(b)

Open space maintenance. Public open spaces, which are dedicated to the city, are maintained by the city. Common open spaces must be maintained by an owner association. The developer must file a declaration of covenants and restrictions that will govern the owner's association. The following provisions must be included:

(1.)

The appropriate owners association must be set up before the parcels are sold.

(2.)

Membership shall be mandatory for each buyer and any successive buyer.

(3.)

The open space restrictions must be permanent, and not just for a period of years.

(4.)

The association must be responsible for liability insurance for such open space, all ad valorem and other local taxes and assessments, and the maintenance of open spaces.

(5.)

Owners must pay their pro rata share of the cost: The assessment levied by the association can become a lien on the property.

(6.)

The association must be able to adjust the assessment to meet changing needs.

(c)

Open space infringement. To insure that open spaces cannot be developed or infringed upon, a restrictive covenant must be filed by the developer at the time the PUD is given final approval. The covenants shall run with the land and shall be enforceable upon all future residents and owners of the PUD. The following provisions must be incorporated into restrictive covenants:

(1.)

Common open space shall be guaranteed by a restrictive covenant describing the open space, its maintenance, and improvements running with the land for the benefit of residents and owners of the planned unit development.

All open space within the PUD shall be platted and noted as such on the plat for recording.

(2.)

The developer must file in the office of the city planning commission, at the time the proposed final subdivision plat is filed, legal documents that will produce the aforesaid guarantees and, in particular, will provide for restricting the use of common spaces for the designated purposes.

(3.)

All lands so conveyed to the city or the property owner association shall be subject to the right of the grantee or grantees to enforce maintenance and improvements of the common space.

(d)

Amount of open space required for a planned unit development.

(1.)

Single-family attached or detached—A minimum of fifteen (15) percent of the total single-family land area dedicated as open space;

(2.)

Multi-family—A minimum of twenty (20) percent of the total multi-family land area dedicated as open space;

(3.)

Non-residential uses—Thirty (30) percent of the total non-residential land area dedicated as open space.

(e)

Areas not considered as open space. The following areas shall not constitute open space and may not be utilized to satisfy the open space requirement:

(1.)

Any areas located within any public street easement or right-of-way;

(2.)

Property located within any private road or road easement;

(3.)

The area within a platted building lot;

(4.)

Off-street parking areas;

(5.)

Detention and retention ponds;

(6.)

Areas comprising a golf course (including fairways and holes).

(D)

Procedure for planned unit developments. The unique character of a planned unit development requires their administrative processing as both a new zoning classification (PUD) and a subdivision of property. Planned unit developments are more complex and are of a significant difference in character than allowed by conventional zoning and subdivision standards therefore requiring specific review procedures and detailed submittal of drawings and documents.

The following outlines the steps necessary to achieve a planned unit development classification within the City of Florence and its extraterritorial zoning jurisdiction.

(1)

Preliminary plan approval and rezoning. It is the intent of the preliminary plat submission to obtain tentative approval from the planning commission for the master PUD plan, and overall concept and design of the proposed planned unit development in terms of both subdivision as well as consideration for a recommendation for a change in zoning by the city council.

The planning commission is the approving authority for the subdivision of property for the PUD and the city council is the approving authority for the reclassification in zoning. These requests must be submitted simultaneously. A public hearing will be held by the planning commission for the proposed PUD at a regularly scheduled meeting. If preliminary approval and the request for reclassification to a PUD zone is granted, the request will go forward to the city council, and an advertised public hearing will be scheduled as required in accordance with the Code of Alabama.

In addition to the required preliminary plat/master plan for the PUD, all proposed land uses must be submitted in conjunction with the request for rezoning. Should the planning commission approve the plat and recommend a change in zoning, the proposed land uses will be forwarded to the council as a part of the plan. There shall be no deviation in land uses from the initial approval unless the project is re-submitted to the planning commission for review with a recommendation forwarded to the council to approve the changes or additions to the initial land use proposals.

Should the city council deny the request for reclassification to a planned unit development zone, the preliminary plat shall be null and void.

(a)

Content of preliminary plan. The following information will be required for consideration of a preliminary plan for a planned unit development.

(NOTE: It is recommended that the preliminary plan and application be evaluated by the planning department prior to an official submittal so that all required items may be reviewed to expedite the planned unit development review.)

(1.)

A complete survey of the land area to be considered as a planned unit development with topography and contours at two-foot intervals prepared and certified by a licensed land surveyor with all required distances and bearings for the perimeter boundaries noted. In addition, a written legal description of the proposed land area for rezoning, prepared to the centerlines of adjoining streets, as appropriate.

(2.)

A master layout of the entire scope of the planned unit development including all proposed phases, lots, blocks, streets, service roads, residential and non-residential area, existing and proposed easements, open space proposals, trails and/or pedestrian ways, natural features, buffer areas, stormwater drainage areas, floodway and floodplains, recreation areas, parking areas, community plazas, schools, and any other details to completely define the proposed PUD for the planning commission, the city council and the general public.

(3.)

Elevations of proposed structures, prepared by a registered architect, illustrating typical single-family, multi-family, and non-residential development as well as typical signage to define the intent and character of the planned unit development. For single-family areas of the PUD, a minimum of six (6) different floor plans and elevations shall be submitted.

(4.)

Typical cross sections of street-scaping and sidewalks as relates to residential and non-residential use as well as buffer areas from streets and pedestrian ways.

(5.)

Preliminary density calculations for single-family, multi-family, and non-residential development as well as open space ratios.

(6.)

An application for planned unit development completed in full with payment of all necessary processing fees. The application may be obtained from the Florence Planning Department.

Accompanying the application shall be a letter from the applicant outlining the planned unit development in full, intended construction schedules, phasing, elements of the PUD, and all other information deemed necessary by the applicant to describe the total concept of the development.

(7.)

A list of all adjoining property owners (and addresses) to the proposed land area to be developed as a planned unit development, both abutting and across adjacent rights-of-ways, certified by an abstract title company.

(8.)

Phasing intent and proposed schedule for construction will be required with the submittal of a preliminary plan. If the PUD is proposed to be mixed-use, it shall require concurrent construction of both residential (single-family and/or multi-family) and commercial (non-residential) phases at a reasonable percentage as approved by the planning commission so as to insure adherence to the intent of the master plan for the PUD. Further, it is the intent of these regulations that no one (1) phase shall dominate the development at any one (1) time, and the planned unit development will be completed as originally proposed by the applicant, his successors or assigns.

(b)

Planning commission action on preliminary plan and re-classification of PUD area by city council.

(1.)

A public hearing shall be scheduled by the planning commission for a proposed planned unit development in accordance with planning commission policies and procedures.

(2.)

A decision by the planning commission on a preliminary PUD plan and a recommendation for re-classification to a PUD zone shall be approved, denied, or tabled to gather more information from the applicant regarding the proposed PUD within forty-five (45) days of the time of the first meeting of the planning commission to consider the PUD request.

(3.)

If the plan is denied by the planning commission, the request may not be resubmitted for a period of six (6) months.

(4.)

If the PUD plan is approved, the recommendation for reclassification to a PUD zone by the city council shall go forward for a public hearing in accordance with state law.

(5.)

The recommendation for reclassification shall carry with it the condition that the proposed planned unit development shall not be developed until final approval for a PUD with allowable land uses is approved by the planning commission and a final site plan/plat for recording, with allowable land uses, is recommended to and approved by the city council.

(6.)

A preliminary PUD plan is void after one (1) year if general and/or final approval is not obtained by the applicant for the planned unit development.

Should the plan become void, the planning commission may allow an extension of the time frame provided the developer can show cause to justify the granting of said extension. In addition, should a plan become void, the Florence City Council, upon a recommendation by the planning commission, may take the appropriate steps to reclassify the land area to the original zoning district prior to the placement of a PUD zone.

(7.)

The planning department may authorize minor changes in the layout of the preliminary plan prior to submittal of a general plan. Any additions in land use or major changes to the PUD plan must be approved by the planning commission and the city council and so noted on the final plat and attendant items at the time of submittal.

(2)

General plan approval for a planned unit development. If the preliminary plan has been approved, and the land area proposed for a planned unit development has been reclassified to a PUD zone, the applicant/developer may proceed to the general development plan with reasonable assurance that the general plat will be approved if substantially in compliance with the preliminary plat.

The purpose of the general PUD plan, together with the attendant items required herein, is to provide plans for the construction of the planned unit development and its improvements. To this end, during preparation of the general plan, the applicant should consult with the planning department, the city engineer, county engineer, Alabama Department of Transportation, and with other officials and agencies as appropriate that may be involved with the planned unit development and its improvements. The detailed general PUD plan shall be based on the approved preliminary plan and permitted land uses.

(a)

Content of general PUD plan. The following information will be required for consideration of general approval for a planned unit development proposal:

(NOTE: It is recommended that the general plan and application be evaluated by the planning department prior to an official submittal so that all required items may be reviewed to expedite the planned unit development review.)

(1.)

A complete survey of the land area to be considered as a planned unit development with topography and contours at two-foot intervals prepared and certified by a licensed land surveyor with all required distances and bearings for the perimeter boundaries noted.

(2.)

Complete survey data, engineering drawings and cross sections on all interior parcels, rights-of-ways, access easements, existing and proposed utilities, grading plans, and all other engineering and survey data necessary to completely define the proposed planned unit development. Drawings and calculations shall be prepared by a licensed professional engineer and/or land surveyor.

(3.)

Stormwater detention design drawings and calculations as outlined in the Code of the City of Florence, Appendix A, Subdivision regulations.

(4.)

A complete site development plan of the planned unit development illustrating all elements and phases, building layout, parking layout, typical residential layout with build-to lines as required, private areas, access service roads and alleys, private lanes or easements, pedestrian ways and proposed pedestrian inter-connectivity between the various elements of the PUD, natural features and stormwater detention areas, floodplains, density and open space calculations and other information as required to completely define the proposed planned unit development.

(5.)

A master landscaping plan, prepared by a licensed landscape architect, illustrating planting schemes for streetscape, buffer areas, pedestrian ways, plazas, parking lots, perimeter landscaping, entrance ways, street trees, cross sections of streetscape as relates to parking, sidewalks, structures, and other areas as required to completely define the landscaping features of the proposed planned unit development.

(6.)

Architectural elevations of all proposed structures prepared by a registered architect, types of materials, typical residential layouts (single-family and multi-family), street signage, non-residential signage, way-finding signs, and other elevations and materials as needed to completely define the architectural elements of the proposed planned unit development.

(7.)

Phasing intent and proposed schedule for construction will be required with the submittal of a general plan. If the PUD is proposed to be mixed-use, it shall require concurrent construction of both residential (single-family and/or multi-family) and commercial (non-residential) phases at a reasonable percentage as approved by the Florence Planning Commission so as to insure adherence to the intent of the master plan for the PUD. Further, it is the intent of these regulations that no one (1) phase shall dominate the development at any one (1) time, and the planned unit development will be completed as originally proposed by the applicant.

(8.)

A complete listing of proposed land uses for the planned unit development. These uses shall be placed on the plat for recording (as submitted for final approval) as well as in the required supporting documents for the PUD.

(9.)

Complete calculations on development density and open space, for all individual elements of the planned unit development.

(10.)

Other information as may be required by the Florence Planning Commission to fully comprehend the scope of the proposed planned unit development.

(b)

Planning commission action on general plan.

(1.)

A decision by the Florence Planning Commission on a general PUD plan shall be approved, denied, or tabled to gather more information from the applicant regarding the proposed PUD within forty-five (45) days of the time of the first meeting of the Florence Planning Commission to consider the general PUD request.

(2.)

If the general plan is denied by the Florence Planning Commission, the applicant may revise the plans accordingly with any necessary changes and resubmit to the Florence Planning Commission at the next regularly scheduled meeting.

(3.)

If the general PUD plan is approved by the Florence Planning Commission, the applicant may proceed to the final development plan with reasonable assurance that the final plat will be approved if substantially in compliance with the general plan.

(4.)

A general PUD plan is void after one (1) year if final approval is not obtained by the applicant for the planned unit development.

Should the plan become void, the planning commission may allow an extension of the time frame provided the developer can show cause to justify the granting of said extension.

In addition, should a plan become void, the Florence City Council, upon a recommendation by the Florence Planning Commission, may take the appropriate steps to reclassify the land area to the original zoning district prior to the placement of a PUD zone.

3.

Final plan approval for a planned unit development. If the general plan has been approved by the planning commission, the applicant/developer may proceed to the final development plan with reasonable assurance that the final plat will be approved if substantially in compliance with the general plat and all accompanying documents are in order.

The purpose of the final plan is to provide a plat for recording with all necessary notes and certifications, and illustrating the site development plan for the planned unit development. Additionally, all approved land uses shall be noted on the PUD plat and no deviation from the layout (other than minor changes) or additions to said uses will be allowed without approval by the planning commission and city council. Any change will require the recording of a new plat and a public hearing may be called by both the planning commission and the city council for the proposed change in layout or additional uses.

A submittal of a final planned unit development plan shall be accompanied by all legal documents which establish a homewner's association, business association, or the like, outlining all terms for perpetual maintenance of the entire planned unit development. All owners within the PUD shall be required to be a part of such associations.

(a)

Content of final PUD plan. The following information will be required for consideration of final approval for a planned unit development proposal:

(NOTE: It is recommended that the final plan and application be evaluated by the planning department prior to an official submittal so that all required items may be reviewed to expedite the planned unit development review.)

(1.)

All materials and plans submitted for the general plan indicating additions, changes, or deletions from the general plan to the final plan must be submitted in detail.

(2.)

All legal documents defining various associations within the PUD for ownership and perpetual maintenance.

(3.)

A final plat for recording with all necessary certificates, notes, land uses, easements, build-to lines, public areas, pedestrian ways, bike paths, plazas, parking, right-of-ways, buffer areas, distances, bearings, and other information needed to completely define the proposed planned unit development.

The final plat shall also list in detail one hundred (100) percent of the proposed land uses within the PUD. These uses shall also be required to be listed in the supporting documents for the PUD.

The final plat shall carry various notations as required by the planning commission and/or city council to give notice to all current or future land owners the scope of the proposed planned unit development with regard to required improvements or other issues that will impact the PUD or surrounding properties.

Further, a notation shall be placed on the final plat that references adherence to required improvements as illustrated on all drawings as well as accompanying documents submitted to the planning commission and city council during all phases of the application process. i.e.; landscaping plan, architectural elevations, covenants, etc.

There will be no further additions to the proposed land uses recorded on the final plat unless approved by the planning commission and subsequently the city council. Additions to land uses shall require the recording of a new PUD plat.

(4.)

Detailed final engineering, landscaping, elevation, and design drawings (if changed from general plan submittal) of typical homes, lots, multi-family uses, businesses, signage, way-finding signage, buffering, landscaping details, and other information needed to completely define the design elements of the planned unit development.

The final landscaping plan shall be prepared by a registered landscape architect and illustrate planting schemes for streetscape, buffer areas, pedestrian ways, plazas, parking lots, perimeter landscaping, entrance ways, street trees, cross sections of streetscape as relates to parking, sidewalks, and structures, and other areas as required to completely define the landscaping features of the proposed planned unit development.

(5.)

Final stormwater detention design drawings and calculations as outlined in the City of Florence Subdivision Regulations if changed or modified from general approval.

(6.)

Proper surety to cover the costs of all public improvements. Surety shall be as outlined in the subdivision regulations of the City of Florence.

(7.)

A final proposed schedule for construction, if revised or modified from general approval. If the PUD is proposed to be mixed-use, it shall require concurrent construction of both residential (single-family and/or multi-family) and commercial (non-residential) phases at a reasonable percentage as approved by the Florence Planning Commission so as to insure the intent of the master plan for the PUD is adhered to; Further, it is the intent of this section that no one (1) phase shall dominate the development at any one (1) time, and the planned unit development will be completed as originally proposed by the applicant.

(8.)

Final calculations on development density and open space for all individual elements of the planned unit development.

(9.)

A plat recording fee payable to the probate judge.

(10.)

Other information as may be required by the planning commission to fully comprehend the scope of the proposed planned unit development.

(b)

Planning commission and city council action on final plan.

(1.)

A decision by the Florence Planning Commission on a final PUD plan shall be approved, denied, or tabled to gather more information from the applicant regarding the proposed PUD within forty-five (45) days of the time of the first meeting of the planning commission to consider the final PUD request.

(2.)

If the final plan is denied by the planning commission, the planning commission shall state the reason(s) for denial. The applicant may revise the plans accordingly with any necessary changes and resubmit to the planning commission at the next regularly scheduled meeting.

(3.)

If the final PUD plan is approved by the planning commission, the final plat shall be forwarded to the Florence City Council for approval. No public hearing will be required at the council level for the final PUD plan if there are no additional land uses or significant layout changes from the applicable previously held public hearings.

(4.)

An approved final PUD plan must be recorded within six (6) months of approval by the Florence City Council. If the final plat is not recorded in that time frame, it must be resubmitted to the Florence Planning Commission for another final review and additional fees shall apply.

(5.)

After approval of a final PUD plan by the city council, the development will have a period of one (1) year to begin construction as set forth in Section IV-B of these regulations, or the plan will become void. Should the plan become void, the planning commission may allow an extension on the time frame provided the developer can show cause to justify the granting of said extension.

(6.)

Additionally, should a plan become void, the city council, upon a recommendation by the planning commission, may take the appropriate steps to reclassify the land area to the original zoning district prior to the placement of a PUD zone.

[E.]

Phasing and commencement of construction.

A.

Phasing. Where a project is proposed for construction in phases, the planning and designing shall be such that, upon completion, each phase shall be capable of standing on its own in terms of the presence of services, facilities, open spaces. The plan shall contain the necessary components to ensure protection of the health, safety, and welfare of the users of the PUD and the surrounding area. Additionally, in developments which include residential and non-residential uses, the relative mix of uses and the scheduled completion of construction for each phase shall be disclosed by the developer and approved by the planning commission.

B.

Commencement and completion of construction. To insure completion of required improvements, the city is authorized to impose performance guarantees in accordance with the Subdivision Regulations of the City of Florence. Substantial construction shall be commenced within one (1) year following final approval of a PUD and shall proceed substantially in conformance with the schedule set forth by the applicant.

If construction is not substantially commenced and continues within such time, approval of the PUD shall expire and be null and void. However, an extension for a specified period may be granted by the Florence Planning Commission upon good cause shown if such request is made to the planning commission prior to the expiration of the initial period.

Moreover, in the event approval of the PUD has expired, the planning commission shall re-evaluate the PUD plan. Upon review, the planning commission may consider the PUD plan as void and forward a recommendation to the council to take the appropriate steps to reclassify the land area to the original zoning district prior to the placement of a PUD zone.

In the event of an expired plan, and if no extension is requested by the applicant and/or denied by the planning commission, the applicant shall be required to submit a new application which shall conform to any current land use regulations adopted during the time of the PUD approval process and the one (1) year time frame for beginning construction. The plans and specifications shall be revised accordingly.

Further, in the event a site plan for a planned unit development has expired, the city shall be authorized to rezone the property in any reasonable manner, and, if the property remains classified as a PUD, a new application shall be required and shall be reviewed in light of then existing and any applicable law and ordinance provisions.

C.

Public improvements and guarantees of performance. All public improvements proposed for a planned unit development shall be installed in accordance with the Subdivision Regulations of the City of Florence. Prior to recording of the final PUD plat, the city is authorized to impose performance guarantees in accordance with the Subdivision Regulations of the City of Florence.

[F.]

Effect of approval. When approved, the PUD with all conditions imposed, shall constitute the land use authorization for the property, and all improvement and use shall be in conformity with such authorization. The final PUD plan and conditions shall be recorded in the office of the Lauderdale County Probate Judge.