All laws, ordinances, rules and regulations of the city, including, but not limited to subdivision control, zoning, parking, landscape, sidewalk, signs, etc., shall be applicable to a PUD district except wherein the laws, ordinances, rules and regulations are in conflict with the terms and conditions of this article, in which case this article shall take precedence.

(Ord. No. 2005-06-22, § 5, 7-5-05)

(a)

Purpose and intent. The planned unit development (PUD) zoning district is intended to provide a method by which proposals for unique development projects, which are not provided for or allowed in the zoning districts otherwise established by this chapter, may be evaluated. The purpose of a planned unit development is to encourage the development of well-planned mixed-use communities.

The standards and procedures for the planned unit development are intended to promote flexibility of design and planned diversification and integration of uses and structures, while at the same time retaining in the city council discretion to establish such limitations and regulations for each PUD as it deems appropriate to protect and promote the public health, safety and general welfare. In exchange for zoning flexibility, planned unit developments shall provide tangible community benefits. In so doing, the PUD district is intended to accomplish all of the following objectives:

(1)

Allow a diversity of uses, housing types, open space, and buffers in a manner compatible with existing and planned uses on adjacent and other affected properties.

(2)

Allow for innovative design that promotes more efficient and environmentally sensitive use of the land than generally achievable through conventional zoning and development regulations.

(3)

Protect the environment by affording opportunities for the preservation of environmentally sensitive and important natural or historic areas.

(4)

Provide meaningfully integrated common open space and developed recreation areas.

(5)

Promote creativity in development layout, design, and construction.

(6)

Encourage development to occur concurrently with or following the coordinated and planned extension of all existing and programmed community facilities and infrastructure.

(7)

Incorporate good urban design principles within the PUD in order to create a sense of neighborhood and community.

(8)

Encourage economic development, workforce sustainability and job creation throughout the community.

(b)

Enhanced benefit required. The PUD zoning category permits development of land in a way which is not possible under traditional zoning regulations. However, the PUD is not intended to modify or in any way reduce the requirements of any city code requirements, unless commensurate benefits are provided in an enforceable manner to the community as part of the PUD plan.

(Ord. No. 2005-06-22, § 5, 7-5-05)

A PUD zoning district may contain any mixture of uses that is consistent with the comprehensive plan and is determined by the city council to be in the best interest of the public health, safety, and welfare, along with any conditions, requirements or limitations thereon which the city council deems advisable. No rezoning to a PUD zoning district shall be eligible for city council approval unless the following minimum conditions are met.

(1)

Minimum area requirement for a PUD zoning district. The area of a proposed PUD shall be large enough to permit its design and development as a cohesive unit fulfilling the purpose and intent of the district, and to establish the PUD as a meaningful part of the larger community. Each proposed PUD shall therefore be evaluated as to its adequacy in size with respect to both the nature and character of its internal design and to its specific location within the city. The minimum size of a PUD shall be twenty (20) acres, unless the PUD is located within the Homestead Community Redevelopment Area as described in the C.R.A. plan where the minimum size shall be reduced to five (5) acres, and shall be consistent with the comprehensive plan.

(2)

Consistency with the comprehensive plan. A PUD zoning district shall be consistent with all applicable elements of the city's adopted comprehensive plan, including its proposed internal design, use, and its relationship to adjacent areas and to the city as a whole.

The proposed PUD zoning district shall be located on property with at least one future land use designation that allows for residential development.

If a proposed PUD zoning district contains only a single, residential land use designation, then only twenty (20) percent of the acreage of the proposed PUD zoning district shall be nonresidential, in order to maintain consistency with the comprehensive plan.

If a proposed PUD zoning district contains more than one (1) land use designation, then the permitted uses within each land use designation may be mixed and located throughout the entire proposed PUD zoning district.

(3)

Unified control/ownership. The PUD common areas shall at all times be under the unified control or ownership of an individual, a legal entity, or a legally established association or organization, such as a property owners' association, responsible for the ownership and maintenance of all required improvements and common facilities, infrastructure, amenities, elements, and areas. All documents establishing said association or organization shall be reviewed and approved by the city attorney's office prior to any approval of a final PUD plan and shall be recorded as part of the PUD approval. (See article V, chapter 25 of the City Code.)

(4)

Public facility and service impacts. The proposed PUD must support the efficient management of public facilities and services.

(5)

Internal compatibility. All land uses proposed within a PUD must be compatible with and avoid undue adverse impacts on other proposed uses. The following factors shall be considered in determining compatibility:

a.

Streetscape, treatment of pedestrian ways and circulation, motor vehicle circulation, and the separation and buffering of parking areas and sections of parking areas;

b.

The existence or absence of, and the location of, focal points and vistas, open spaces, plazas, recreational areas and common areas, and use of existing and proposed landscaping;

c.

Use of the topography, physical environment and other natural features; use and variety of building sizes, architectural styles, and materials; variety and design of dwelling types;

d.

Particular land uses proposed, and conditions and limitations thereon; and

e.

Any other factor relevant to the privacy, safety, preservation, protection of welfare of any proposed use within the PUD.

(6)

External compatibility. All land uses proposed within a PUD must be compatible with and not create or be subject to undue adverse impact from existing and planned uses of properties surrounding the PUD. The following factors shall be considered in determining the external compatibility of a PUD:

a.

Adjacent existing and proposed uses;

b.

Design of the development;

c.

Traffic circulation; and

d.

Density and intensity.

(7)

Density/intensity of development.

a.

The density and intensity of uses within a PUD shall comply with the city's adopted comprehensive plan. They shall also be compatible with the physical and environmental characteristics of the site and surrounding lands.

b.

Within the maximum limitations of the comprehensive plan, the permitted residential density and intensity of use in a PUD may be adjusted in consideration of the following factors:

1.

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

2.

The trip capture rate of development;

3.

The degree of internal and external connectedness of streets; and

4.

Any other factors that affect the impact of development.

(8)

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

(Ord. No. 2005-06-22, § 5, 7-5-05; Ord. No. 2007-03-07, § 21, 3-5-07)

(a)

Minimum open space and recreational facilities required. A minimum of thirty-five (35) percent of the gross area included in PUDs shall be maintained in common recreation and open space. Any privately maintained or owned exterior open space, excluding common open space adjacent to and for the exclusive use by the residents of an individual dwelling unit, that is enclosed or partially enclosed by walls, hedges, buildings or structures, including attached balconies, terraces, porches, decks, patios, and atriums may be counted toward the total open space requirement, provided staff determines that the proposed calculations are in accordance with the intent, purpose and underlying principles established for PUDs. In no case shall this area exceed five (5) percent of the gross area of the PUD, nor decrease the amount of ground level common open space below thirty (30) percent of the gross area of the PUD. All pervious land areas between the property or lot lines and the building or buildings thereon shall count as open space, except as herein otherwise provided.

(b)

Minimum usable common recreation and open space required. At least one-third (⅓) or thirty-three (33) percent of the required minimum open space for a PUD shall be usable common recreation and open space, as defined herein.

(1)

Land areas for structures, minimum yards and spacings between dwelling units and all impervious surfaces, including but not limited to sidewalks, public and private street rights-of-way, driveways, off-street parking and loading zones, alleys, fire protection, vehicular access and yards shall not be included in determining minimum usable common recreation and open space, unless such areas are determined to be an integral part of the required usable common recreation and open space required.

(2)

Water bodies and water related recreational amenities shall not be credited or calculated as minimum usable common recreation and open space. For example, an eighty-five (85) acre PUD would result in an overall requirement of a minimum thirty (30) acres of recreation and open space [thirty-five (35) percent of eighty-five (85) acres equals thirty (30) acres]. The minimum usable common recreation and open space requirement would be ten (10) acres (one-third (1/3) times thirty (30) acres equals ten (10) acres).

(c)

Timing and distribution of open space and recreational facilities within the PUD.

(1)

Required minimum open space within residential areas. The following minimum open area shall apply in each residential area of the PUD:

*The minimum open area for these uses counts as part of the thirty-five (35) percent requirement noted in subsection (a). Five (5) percent of the minimum open space area shall be devoted to active recreational features. "Active recreational features" shall not be interpreted to include water bodies. The minimum open area shall not be used for parking or drive aisles, except that parking spaces serving an active recreational feature are allowed in an open space area. The remaining balance shall be landscaped.

(2)

Timing. Usable common recreation and open space shall be provided concurrently with the related phases of development. All common recreation and open space shall be specifically included in the PUD phasing schedule and shall be constructed and fully improved by the developer, no later than the issuance of fifty (50) percent or more of the certificates of occupancy; or within one (1) year of the issuance of the first certificate of occupancy.

(3)

Connectivity. Usable common recreation and open space shall be proportionately distributed throughout the PUD. Connectivity between elements of open space and recreation shall be provided, to the extent practicable.

(d)

Protection of open space and recreational facilities. All open space and recreational facilities shall be designated on the PUD master development plan and the relevant site plans. All common open space and recreational facilities shall be preserved for its intended purpose as expressed in the adopted PUD plan. The developer shall provide for and establish a mechanism, such as a homeowners' association, for the ownership and maintenance of usable open space or other recreational facilities contained within a PUD as provided for in article V, chapter 25 of the City Code. All common recreation and open space shall continue to conform to its intended use and remain as expressed in the PUD plan through its inclusion in all deeds with appropriate restrictions to ensure permanent preservation. The deed restrictions shall run with the land and shall be for the benefit of present, as well as future, property owners and shall contain a prohibition against partition.

(Ord. No. 2005-06-22, § 5, 7-5-05; Ord. No. 2018-01-01, § 2, 1-17-18)

(a)

Principal and accessory uses/structures. All uses shall comply with the comprehensive plan designation for the property. No buildings, structures, or land shall be used or occupied, and no building or structure shall hereinafter be erected, altered, enlarged or occupied in a PUD except for those specifically provided for below.

(b)

Residential uses. The following primary residential uses and structures are permitted in PUD:

(1)

Single-family attached or detached dwellings;

(2)

Two family dwellings and twin homes;

(3)

Cluster one (1) and two (2) family dwellings;

(4)

Townhouses, one (1) family;

(5)

Multifamily dwelling units, including apartments and condominiums;

(6)

Community residential homes, types 1 and 2, subject to the standards set forth in section 30-475; and

(7)

Assisted living facilities if approved as special exception uses in accordance with section 30-45 and 30-475.

Residential uses and structures may be mixed with any nonresidential uses otherwise permitted within this category. Residential uses and structures provided for within subsection (b)(5) above, shall comply with all R-3 district regulations as set forth within section 30-208 as well as the requirements of this article. In the event of a conflict this division shall govern.

(c)

Attached storage area or garage. All units shall provide for either attached storage areas or attached garages. Each garage shall provide a clear interior parking area as follows:

One (1) car = (12 feet × 20 feet)

Two (2) cars = (20 feet × 20 feet)

Three (3) cars = (30 feet × 20 feet)

Each unit without an attached garage shall provide for an attached storage area that is at least forty (40) square feet, accessible from the exterior.

(d)

Parking. The minimum off street parking requirements shall be as follows:

(1)

1—2 bedrooms = 2 parking spaces

3—4 bedrooms = 3 parking spaces

5+ bedrooms = 4 parking spaces

Such parking spaces may be provided for by any of the following that is consistent with urban design standards and promotes the quality and compatibility of the proposed development:

Attached parking;

Driveways;

Parking pads;

Parallel parking on interior roadways; and

Covered parking.

All parking for multifamily structures greater than three (3) stories shall be provided for by parallel parking on interior roadways and commonly owned and maintained covered off street parking structures that promote and encourage maximum open space throughout the proposed development. Such parking structure shall be constructed in the same manner and utilize similar architectural design elements and materials as the dwelling unit it is intended to serve, and shall comply with Crime Prevention Through Environmental Design (CPTED) design guidelines.

(2)

Each dwelling unit shall provide a minimum of one-fourth (.25) guest parking spaces.

(3)

In mixed use developments shared parking agreements with commercial uses may be used in order to satisfy a portion of the guest parking requirement.

(4)

No parking space (other than a guest parking space) shall be more than one hundred (100) feet by the most direct pedestrian route from the door of the dwelling unit or structure containing the dwelling unit it is intended to serve. A decorative paved connector shall run from the parking structure to the building it is intended to serve.

(e)

Patios, terraces and balconies. All ground floor units shall provide at least one hundred (100) square feet of patio or terrace living area, exclusive of parking and entryway areas. However, a front patio or terrace of at least forty (40) square feet may be counted towards this requirement. Units that are completely located on an upper floor shall have a minimum of forty (40) square feet of balcony area, with a minimum depth of four (4) feet.

(f)

Nonresidential uses. Every PUD shall have both residential and nonresidential uses. If over fifty (50) percent of the acreage is devoted to residential use, at least twenty (20) percent of the acreage shall be nonresidential. If the proposed PUD separates uses on the site, the nonresidential uses shall be situated and buffered so as not to detrimentally affect residential uses.

(1)

Applicant proposes uses. The developer or applicant shall propose land uses within the PUD. Staff shall review the compatibility of such land uses to ensure compliance with the intent, goals, and policies established for all PUDs, and recommend whether to approve the particular mix of uses in a particular PUD. Notwithstanding the foregoing, self-service storage facilities shall be a prohibited nonresidential use, except as otherwise permitted within the Villages of Homestead (VOH) Development of Regional Impact (DRI) pursuant to the approved VOH DRI Master Development Plan.

(2)

Hotels, motels and bed and breakfast. Hotels, motels and B & B's may be permitted where appropriate and compatible, upon consideration of the following criteria:

1.

The total acreage used for the hotel/motel, including necessary parking, support buildings and grounds and appurtenances, shall not be considered common open space and shall be included within the maximum acreage permitted under this article for nonresidential uses.

2.

The proposed streets, thoroughfare and traffic plan in the area adjacent to the hotel/motel site shall be adequate to support the anticipated traffic to be generated by the proposed hotel/motel.

3.

The proposed hotel/motel use shall be compatible with the proposed primary residential uses, secondary nonresidential uses, and common open and recreation space within the planned unit development.

4.

The proposed hotel/motel use shall be compatible with the existing land use classifications in the surrounding vicinity.

5.

The area of the hotel/motel use shall be calculated as part of the total nonresidential acreage permitted.

(g)

Accessory use/structure. Any use, building or structure permitted as an accessory use in any other district of this Code shall be permitted as an accessory to that use (if it is allowed in the PUD).

(h)

Building design standards. The exterior colors of buildings, trim and other site features shall be subject to the approval of the department of development services. They shall be selected to ensure compatibility among the various colors and a visually appealing environment, and they shall conform to the requirements of chapter 32.

(i)

Separation, buffering, and screening. In order to promote the underlying intent of the PUD, all proposed uses shall provide adequate separation, buffering and screening in order to promote urban design guidelines, compatibility and quality of life throughout the proposed development. At a minimum, proposed industrial uses shall be separated from residential uses by a visual, auditory, and spatial buffering. Such spatial buffer shall be a minimum of fifty (50) feet wide and shall include, but is not limited to roadways, greenbelts, parks, and passive recreation and open areas.

(Ord. No. 2005-06-22, § 5, 7-5-05; Ord. No. 2009-03-09, § 19, 3-16-09; Ord. No. 2024-04-07, § 4, 4-17-24)

(a)

Density and intensity. The comprehensive plan land use designation shall govern the maximum density permitted, as further limited by the City Code of Ordinances as provided in article IV "Supplemental District Regulations," division 3 "Density."

(b)

Maximum height of structures. In order to promote flexibility in the layout and design of a PUD, the applicant shall propose, at master plan submission, appropriate height dimensions for all structures, which shall not exceed one hundred fifty (150) feet. The city council, upon recommendation of the local planning agency, shall determine the appropriate height limitations for each individual PUD, development basis after considering the character of the surrounding area, the character of the proposed development, and consistency with the city's comprehensive plan.

(c)

Minimum lot dimensions. In order to promote flexibility in the layout and design of a PUD, the applicant shall propose, at master plan submission, appropriate minimum lot dimensions. The city council, upon recommendation of the local planning agency, shall determine the minimum lot size, lot width, and lot depth. The average residential lot size shall not be reduced by more than twenty-five (25) percent of the required minimum lot sizes provided for within residential zoning districts within chapter 30. For example, a seven thousand five hundred (7,500) square foot lot may not be reduced below five thousand six hundred twenty-five (5,625) square feet. The city retains the authority to require lot sizes along the periphery of the project be designed in a manner that is similar in size to abutting lots within adjacent developments or zoning districts. The transition in lot size should be internalized in order to abate adverse impacts on adjacent zoning districts. The city also retains the authority to require more open space or amenities which have a significant public benefit in return for allowing flexibility in the minimum lot dimensions.

(d)

Minimum setbacks. In order to promote flexibility in the layout and design of a PUD, the applicant shall propose, and the city council shall approve, appropriate minimum setbacks. Setbacks shall clearly conform to the land use compatibility and open space policies in the comprehensive plan and shall be consistent with the standards set forth in the required minimum open space for residential areas of PUDs.

(e)

Minimum distance. Space between structures shall be required within a PUD. The appropriate distance between structures shall be approved by the city council upon recommendation of the local planning agency for each individual PUD, after considering the character of the structure types and uses within the PUD development.

(f)

Accessibility. Every PUD shall have at least two (2) pedestrian and vehicular accesses to a public street, either directly or via an approved private driveway, pedestrian way, court, or other area dedicated to public use or private use or common element guaranteeing access.

(g)

Minimum unit size. The following minimum unit size requirements shall apply to the following residential unit types in the PUD, in accordance with section 30-398.

(h)

Landscaping. All landscaping shall exceed the requirements set forth within chapter 29. Landscaping should be related to the general landscaping for the planned unit development, practical and aesthetically functional. Planting material should be used to accomplish the desired objectives of the PUD, be native to South Florida, and functionally appropriate for shade, shelter, height and mass, texture, color and form. Major areas should have distinctive planting schemes using unique types of trees, ground cover, and paving to give identity to these areas. A twenty-five (25) percent minimum increase in size and/or quantity is required for all plant material used in PUD landscaping.

(i)

Screening. All mechanical equipment, utility hardware, and waste storage areas, including but not limited to, central refuse, trash and garbage collection containers shall be properly landscaped or screened.

(j)

Signs. Signs shall be permitted only in accordance with an approved sign plan. Such sign plan shall provide for effective sign controls on the type, height, number, size and location of all signs in the development, and shall be designated to minimize sign proliferation and maximize the architectural integration of all signs into the development.

(k)

Underground utilities. In the PUD, all utilities including telephone, television cable, and electrical systems shall be installed underground. Primary facilities providing service to or passing through the site may be exempted from this requirement. Large transformers shall be placed on the ground and contained within pad mounts, enclosures or vaults. The developer or private utility shall provide adequate landscaping with shrubs and plants to screen all utility facilities permitted above ground, except for city electrical substations.

(Ord. No. 2005-06-22, § 5, 7-5-05; Ord. No. 2022-04-08, § 2, 4-27-22)