1-53-5.1. Purpose. The planned unit development (PUD) district is established to provide a process for unified planning and coordination of multi-use development or development of special concern for uses permitted by this code and the comprehensive plan. It is intended that the regulations and requirements applying to a PUD zoning district shall be sufficiently flexible to encourage creative and imaginative design in planning and development. Hendry County's comprehensive plan requires certain developments to be reviewed as a PUD. Proposed PUDs shall be consistent with the comprehensive plan at the time of adoption. Where there are conflicts between the requirements for a PUD zoning district and the general provisions of this chapter or other applicable codes of the county, the requirements herein shall govern.

1-53-5.2. PUD types. The following types of development require PUD approval:

(a)

Mixed-use developments;

(b)

Mining activity per the requirements of section 1-53-6.16;

(c)

Uses or developments which require PUD approval per the comprehensive plan or table 53-1 of the Land Development Code;

(d)

Development that does not meet the criteria of a standard zoning district; or

(e)

Other developments per the request of the applicant, planning and community development director, or board of county commissioners.

1-53-5.4-3. General standards for PUD developments. PUDs shall conform to the provisions of the adopted comprehensive plan. Where standards exist in the plan and comparable standards do not exist in this code, the standards and procedures set out in the plan shall apply in addition to the standards herein.

(a)

Only uses which are consistent with the comprehensive plan and are deemed by the board of county commissioners to be compatible with adjacent land uses may be approved as a PUD. Notwithstanding the limitations imposed by the preceding sentence, approval or denial of a PUD is deemed to be a legislative action of the board of county commissioners, and an applicant for a PUD shall have no right in the application hereunder beyond the right to have the board consider same and approve or deny the application based on its legislative discretion.

(b)

Accessory uses shall be permitted as set forth within the approved master concept plan or as found by the board of county commissioners to be compatible with an approved plan.

(c)

Subsequent to the approval of a PUD, uses not enumerated may be permitted through amendment of the PUD.

(d)

The land area included within the PUD shall be of such proportions as to properly accommodate all proposed uses in keeping with the general requirements of the county and the established objectives and policies of the adopted comprehensive plan.

(e)

The maximum height of structures, setbacks, and density within a PUD shall be as specifically established by the board of county commissioners in its approval action within the limitations of the comprehensive plan.

(f)

Approval of the proposed PUD shall include approval of all maps, diagrams, tables and reports submitted by the applicant.

1-53-5.4. Design and development standards. The following design criteria and development standards shall be addressed in the PUD.

(a)

General design criteria. The location and arrangement of uses, buildings and other facilities shall be designed to address internal and external compatibility.

(b)

Compatibility. The PUD must be able to coexist with adjacent properties without negatively impacting an adjacent use or the public health, safety and welfare. For the purposes of this section, compatibility does not require the proposed density or intensity of the PUD to adhere to the existing and/or approved densities of surrounding properties but does require sufficient buffering to ensure adequate separation and screening between different uses.

(c)

Open space. For the purposes of this section, open space shall include: Buffers and landscaped areas; conservation/preserve areas; and existing and proposed stormwater management areas. The percentage of open space and the general location of the open space or criteria for establishing the open space areas must be stated in the PUD ordinance.

(d)

Landscaping. The application must identify landscape buffers, natural areas and conservation/preserve areas on the master concept plan and in the PUD ordinance. The PUD ordinance shall identify the landscape requirements for the planned development. Native plant materials shall be utilized where appropriate. The retention of undisturbed natural areas is encouraged except when the natural area includes invasive vegetation. Existing invasive vegetation must be removed or eradicated.

(e)

Transportation facilities and services. PUDs will be required to address impacts to the state, county, and local transportation facilities and, where the development has negative impacts to the adopted Level of Service (LOS) standards for the roadway segment, the PUD ordinance shall identify how the impacts will be addressed. The details of the mitigation may be further addressed in a development agreement executed by the developer and the county or at the time of the site development plan, site improvement plan or preliminary plat.

(f)

Interconnections. The applicant shall include pedestrian and/or vehicular interconnections to adjoining properties, where appropriate, to reduce trip generation onto arterial and collector roadways, to provide safe local traffic circulation, and to promote alternative modes of transportation, unless the planning and community development director determines one or more of the following criteria prohibits this requirement:

(1)

It is not physically or legally possible to provide the shared access or interconnection.

(2)

The location of environmentally sensitive lands precludes it.

(3)

The abutting use is found to be incompatible with the proposed use.

(g)

Relation to utilities, public facilities, and services. The PUD must address how the site will be served by essential public or private facilities and infrastructure. Essential public or private facilities and infrastructure includes, but is not limited to: Roads, water, sewer, electric, cable, solid waste, and any infrastructure required for the particular uses in the PUD.

(1)

If private utilities and facilities are to be provided the PUD must identify what private infrastructure is going to be provided and the timing for the installation of the private infrastructure.

(2)

Where possible, PUDs shall be located in proximity to sanitary sewers, water lines, and other applicable utilities systems and installations. PUDs must connect to public utilities where a connection point is within one-quarter mile of the parcel boundary.

(3)

Where public utilities do not exist within one-quarter mile of the development, on-site wastewater and potable water systems may be installed per the Florida Department of Health and other applicable approval agency requirements, and dry lines shall be installed to the most logical potential future connection point at the boundary of the development to accommodate future availability of public utilities.

(h)

Buffer requirements for planned unit developments. PUDs must provide buffering in accordance with chapter 1-58, article III based on the proposed uses and their location on the master concept plan (MCP) and the permitted or existing uses on the adjacent properties. An alternative buffer may be approved as part of the PUD ordinance and shall be shown on the MCP. Deviations or enhancements to the required buffers will be labelled on the MCP with an explanation included in the development regulations and deviations request narratives.

1-53-5.5. Planned unit development (PUD) application procedures.

(a)

Pre-application meeting. Prior to filing an application for PUD rezoning, the applicant or his authorized representative shall meet with the planning and zoning department and representatives of other applicable departments for a formal pre-application meeting. The purpose of this conference is for the applicant to present the initial concept of the proposed PUD, permit county staff to make preliminary comments on the proposal, and provide a detailed explanation of application requirements and review procedures. Application requirements may be waived at the pre-application meeting based on the existing state of the property, proposed use, and surrounding uses.

(b)

Application requirements. An application for PUD rezoning shall be submitted in accordance with the general requirements for amendments to the official zoning map as set forth in section 1-50-9. In addition to other required application materials, the application shall include the following:

(1)

PUD application. The applicant shall submit the application for a PUD to the planning and zoning department on a form provided by the county along with the application fee and the required exhibits listed in this section. Unless specified otherwise, engineered drawings and maps shall be provided on 24-inch by 36-inch or 11-inch by 17-inch sheets, drawn legibly at appropriate scale suitable for presentation. The complete application package shall be provided in an electronic format acceptable to the planning and zoning department. Mining PUD applications must include all of the requirements of section 1-53-6.16 in addition to the standard PUD requirements.

(2)

Owner confirmation and evidence of unified control. A notarized statement identifying all owners of the property, or properties, within the proposed development, together with evidence of the unified control of said area. If the property is not owned by a single individual, evidence that the signatory has legal decision-making authority shall be provided. If the application is submitted by someone other than the current owner(s) of the property, the statement shall be accompanied by satisfactory evidence of the existence of purchase or lease agreement(s) or other appropriate instrument(s) to indicate current or future unified control of the property. The statement shall include a certification by the applicant:

a.

That the proposed development shall be in accordance with the provisions of the application and all materials submitted therewith and supplied upon request, and in accordance with such specified modifications thereof as may be required by the board of county commissioners and agreed to by the applicant;

b.

If applicable, the applicant will file with the county copies of any documents for a homeowners' association, condominium association, commercial property owners' association, community development district or similar entity and the corresponding letter of approval from the Florida Department of Business and Professional Regulation, if appropriate, in order to ensure that provision will be made for the continuing operation and maintenance of all common facilities and open areas; and

c.

That the applicant will bind all successors of the applicant to such agreement.

(3)

Agent authorization. The applicant may authorize agents to assist in the preparation and presentation of the application. Any agent authorized by the applicant will be deemed to have the authority to bind the property with respect to conditions.

(4)

Aerial location map. A map showing the location of the proposed PUD in relation to each of the following:

a.

Surrounding transportation network; and

b.

Surrounding existing uses.

(5)

Future land use and zoning map. A map with the future land use and existing zoning designation for the site and surrounding areas within one-half mile of the proposed site boundaries.

(6)

Surrounding property owners list and map. A complete list, map, and one set of mailing labels of property owners and their mailing addresses in accordance with section 1-50-10.

(7)

Boundary survey. A boundary survey prepared and sealed by a professional surveyor that meets the minimum technical standards set forth in chapter 5J-17, F.A.C. The boundary survey must identify and depict all easements affecting the subject property, and all improvements readily identified by a field inspection.

(8)

Master concept plan (MCP). A MCP at an appropriate scale showing the character, extent, and general location of the following:

a.

Building location and use and outdoor use locations, if appropriate;

b.

Setbacks of buildings and outdoor uses;

c.

Public facilities;

d.

Internal and external circulation and connections including access, sidewalks, and roads;

e.

Parking areas;

f.

Service areas and applicable screening;

g.

Abutting driveway locations;

h.

Interconnections with abutting properties;

i.

Buffers and landscaping;

j.

Minimum open space provided;

k.

Wet and/or dry retention areas;

l.

Preservation/Conservation areas;

m.

Signage types and locations;

n.

Deviation locations; and

o.

Other areas identified in the pre-application meeting or application review process as integral to the review of the proposed development.

(9)

Development regulations narrative and table. The application shall include property development regulations which address the following:

a.

Schedule of uses. A list of the specific uses proposed for the entire site keyed to the master concept plan. See table 53-1 the Table of Use Regulations for a list of potential use types.

b.

Density and intensity. The total number of units and the total square footage for the entire planned development, and a table that identifies the maximum density and intensity for each tract, parcel, and phase.

c.

Height. The maximum height (in feet) of buildings. For proposed developments consisting of multiple parcels, multiple uses, or multiple unit types, the maximum height for each parcel, use or unit type shall be listed. The property development regulations shall define how the height of a building is measured.

d.

Building setbacks. The following boundaries, building setbacks and separations in a table format:

i.

Surrounding property lines;

ii.

Public right-of-way and right-of-way easement lines;

iii.

Preservation and conservation areas;

iv.

Other manmade or natural features which would affect compatibility;

v.

Other buildings; and

vi.

Front, rear and side setbacks for principal and accessory structures and uses.

e.

Open space and preservation/conservation. The acreage to be set aside for open space and conservation.

f.

Buffers. The buffer and landscape standards.

g.

Building placement. Provide the minimum lot size(s), setbacks, lot coverage, and other information necessary to place the building(s) on a parcel.

h.

Deviations. Description of requirement and what is requested.

(10)

Traffic impact statements (TIS). A TIS must survey current and anticipated traffic conditions in order to identify potential traffic problems posed by the proposed development and meet the following standards:

a.

Provide information regarding the development's traffic generation and impacts at the development's access points onto the adjacent street system and local road network.

b.

Prepared in accordance with the current edition of the Institute of Transportation Engineers (ITE). The developer or his representative must assume full occupancy and a reasonable build-out of the development in the preparation of the TIS.

c.

Signed and sealed by a professional engineer.

d.

A traffic methodology meeting must be held with the Hendry County Engineer prior to submitting the TIS.

(11)

Project narrative. A report indicating how the proposed project will conform to the applicable goals, objectives and policies in the adopted comprehensive plan and the following:

a.

The purpose and intent of the proposed development;

b.

A description of the character of the proposed development;

c.

An explanation of how the proposal is in conformance with specific applicable provisions of the county's comprehensive plan;

d.

A description of the proposed stormwater management system; and

e.

A schedule of uses and development standards.

(12)

Deviations. A schedule of requested deviations from the provisions of the land development code and a written justification for each deviation requested. The location of each requested deviation must be indicated on the master concept plan.

(13)

Utility service plan. A utility service plan must be provided that includes availability of sanitary sewer service and potable water supply and depict all existing utilities, public utility easements and rights-of-way. The utility service plan must identify whether the service is going to be provided by a private entity or a public entity.

(14)

Protected species survey (PSS). A PSS must be completed by a qualified environmental consultant. This requirement may be waived at the pre-application meeting or during the application review process.

(15)

Florida Land Use, Cover and Classification System (FLUCCS) map. A FLUCCS map at the same scale as the master concept plan, prepared by an environmental consultant. This requirement may be waived at the pre-application meeting or during the application review process.

(16)

Such other materials as may be determined by the planning and community development director as being necessary for the review of the development based on its unique location, character or extent.

1-53-5.6.

PUD approval procedures.

(a)

Review and consideration of the PUD application shall be conducted in the same manner as provided by section 1-50-9 for any changes in the zoning map.

(b)

Within five business days of receipt of an application, the county shall advise the applicant in writing if the application is complete or what information is needed to deem the application properly completed in compliance with the filing requirements prescribed by the county. If the county does not provide written notice that the applicant has not submitted a properly completed application, the application shall be deemed properly completed and accepted. This does not imply the application will be approved. Following receipt of a completed application, it shall be reviewed by county staff and by other agencies as requested by county staff. Within 30 days after the application has been deemed complete, the county must notify an applicant if additional information is required for the county to determine the sufficiency of the application and shall specify the additional information that is required. Each time an applicant's response to a request for additional information is received, a 30-day review period begins.

(c)

Based on such review, staff shall prepare a recommended action and provide it to the applicant, local planning agency and board of county commissioners for their consideration.

(d)

As part of approval of an application for PUD zoning, the board of county commissioners may establish further requirements or limitations applicable to the development. Such conditions shall be based on findings by the board that they are necessary to ensure compliance with the comprehensive plan and/or this code.

1-53-5.7.

PUD administrative amendments. Administrative amendments to an approved PUD may be requested at any time during the development of or useful life of a PUD.

(1)

Administrative amendments may be considered for the following:

a.

Setbacks, lot coverage, lot width, lot depth and building height each by no more than 15 percent.

b.

The addition of a use not covered in the PUD but similar in nature in all its components to a permitted or permissible use.

c.

A waiver of no more than ten percent for the required parking spaces (areas).

(2)

Procedures.

a.

The applicant must submit the administrative amendment request to the planning and community development director in writing with applicable documentation.

b.

Notice of the amendment request shall be sent to property owners within the PUD and all properties adjoining the PUD. Notification shall be by first class mail at the expense of the applicant.

c.

Property owners have 15 days from the postmark of the letter to file a written objection of the amendment with the county.

d.

If no written objection is received, the planning and community development director may issue an approval letter.

e.

If a written objection is received, the matter shall be presented to the county commission for final decision at a public hearing. Notice of the public hearing shall be sent per the requirements of subsection (2)b at least ten days prior to public hearing.

(Ord. No. 91-23, § 3(53-5), 8-27-1991; Ord. No. 2008-22, §§ 13, 14, 11-12-2008; Ord. No. 2009-10, § 1, 5-12-2009; Ord. No. 2010-02, §§ 8—10, 1-12-2010; Ord. No. 2016-02, § 1, 1-12-16; Ord. No. 2019-19, § 1, 7-16-2019; Ord. No. 2021-03, § 1, 3-9-2021)