The purpose of this section is to describe planned unit development districts used to impose special development standards in certain areas. The location of planned unit development districts is established by the city based on the need for special development standards in specified areas. A planned unit development district imposes additional or different development standards than those that would otherwise apply in a conventional zoning district.

(Ord. No. 2017-15, § 1(Exh. A), 9-11-2018)

Planned unit development (PUD): Land under unified control, planned and constructed as a whole in a single unified development or in approved phases. PUDs may include a variety of land uses and types of dwelling units as well as related uses and facilities. There is no minimum acreage size required for a PUD. The PUD is allowed in every zoning district except the single family residential zoning district.

(Ord. No. 2017-15, § 1(Exh. A), 9-11-2018)

(1)

Purpose and intent of the PUD zoning district:

(a)

It is the purpose of this district to provide a method for landowners or developers to submit unique proposals which may not be provided for or allowed in the other zoning districts otherwise established by this Code. The PUD zoning district allows a mix of residential and nonresidential uses and/or unique design features which might otherwise not be allowed in one of the other listed districts, but that otherwise conform to the City of Indian Rocks Beach Comprehensive Plan.

(b)

These PUD provisions are intended to promote flexibility of design and integration of uses and structures, while at the same time retaining in the city commission (the "city commission" or "commission") the absolute authority to establish limitations and regulations thereon for the benefit of the public health, welfare and safety. By encouraging flexibility while retaining control by the city commission, the PUD is designed to accomplish one or more of the following:

1.

Permit innovative residential, nonresidential, and mixed-use developments provide for an integration of housing types and accommodation of changing lifestyles within neighborhoods; and provide for design that encourages internal and external convenient and comfortable travel by foot, bicycle, and transit through such strategies as various street widths compatible with the type of development project proposed, modest setbacks, front porches, connected streets, multiple connections to nearby land uses, and mixed uses.

2.

Provide flexibility to meet changing needs, technologies, economics and consumer preferences.

3.

Preserve to the greatest extent possible, and utilize in a harmonious fashion, existing and outstanding landscape features and scenic vistas.

4.

Lower development and building costs by permitting smaller networks of utilities, and the use of more economical development patterns and shared facilities.

5.

Achieve overall coordinated building and facility relationships and infill development, and eliminate the negative impacts of unplanned and piecemeal development.

6.

Enhance the combination and coordination of architectural styles, building forms and building relationships within the development.

7.

Promote the use of traditional, quality-of-life design features, such as pedestrian scale, parking located to the side or rear of buildings, connected streets, terminated vistas, front porches, recessed garages, alleys, aligned building facades that face the street, and formal landscaping along streets and sidewalks.

8.

Provide an efficient public process for considering complex developments where the proposed development is of such size, scale, complexity, and/or unique design that it would be inconvenient and inefficient to process such a proposal outside the PUD process.

(c)

All building code, housing code and other land use regulations of this Code are applicable to a PUD, unless otherwise approved within the PUD Ordinance.

(Ord. No. 2017-15, § 1(Exh. A), 9-11-2018)

(1)

An applicant for a PUD rezoning must present evidence in the PUD narrative that the rezoning to PUD is justified by one or more of the following:

(a)

The proposed development is unique. Although it does not fit within an existing zoning district, it is consistent with the city comprehensive plan. The proposed development is of such size, scale, complexity, and/or unique design that it would be inconvenient and inefficient to process such a proposal outside the PUD process.

(b)

The nature of the proposed use at a specific site requires specialized design characteristics to preserve and protect neighborhood character, environmental concerns and other concerns unique to the immediate area, consistent with comprehensive plan policies.

(2)

The applicant for the PUD rezoning must further present evidence in the aforementioned PUD narrative that the rezoning to PUD meets the following standards:

(a)

The density and/or intensity, character and type of development proposed in the development plan is consistent with the Comprehensive Plan, future land use map and the concurrency management system, and the development plan meets one or more of the objectives set forth in section 110-643 of this Code.

(b)

An evaluation of the external compatibility of a PUD should be based on the following factors: (1) adjacent existing and proposed uses, (2) design of the development to avoid undue noise, odor, traffic or other nuisances and other nuisances and dangers to abutting property owners; (3) traffic circulation to ensure the transportation system and streets are of sufficient width and capacity to serve the demands created by the development; and (4) density or intensity, including type and size of structures or units, and height shall be considered to address compatibility.

(c)

Usable open spaces and recreation areas provided within a PUD must provide appropriate recreational opportunities, protect sensitive environmental areas, conserve areas of unique beauty or historical significance, enhance neighborhood design, and encourage compatible and cooperative relationships between adjoining land uses.

(d)

Every dwelling unit or other use permitted in the PUD shall have access to a public street either directly or by way of a private road, pedestrian way, court or other area which is either dedicated to public use or is a common area guaranteeing access. Permitted uses are not required to front on a dedicated public road, but at a minimum, private roads and other access ways shall be required to be constructed so as to ensure that they are safe and maintainable. To that end, all public roads within any PUD shall be constructed in accordance with the latest applicable FDOT specifications. The city further recommends that private roads be built to the latest applicable FDOT specifications connection to existing or planned adjacent streets is required, where applicable and feasible to minimize adverse traffic impacts.

(e)

Sufficient off-street parking for bicycles, automobiles and other vehicles must be provided. Parking areas must be constructed in accordance with the standards outlined in the land development regulations in the city's Code, and any deviations must be specifically identified and approved by the city commission to ensure that they are safe and maintainable and that they allow for sufficient privacy for adjoining uses. The design of a PUD should, whenever feasible, incorporate appropriate pedestrian and bicycle access ways so as to provide for a variety of mobility opportunities. Connection to all sidewalks, greenways, trails, bikeways, and transit stops along the perimeter of the PUD is required. Where existing perimeter sidewalks do not exist, sidewalks shall be provided by the development unless otherwise approved within the PUD ordinance.

(f)

Utilities and essential public services, including but not limited to sanitary sewer, potable water, fire abatement services or appurtenances, solid waste, and other services must be available and have capacity to serve the development.

(Ord. No. 2017-15, § 1(Exh. A), 9-11-2018)

(1)

An application for the review, approval, and public hearings concerning a PUD zoning district shall proceed in the following manner:

(a)

Preliminary review by relevant city staff.

1.

An application for preliminary review by relevant city staff shall be submitted to the city.

2.

Relevant city staff may include the building official, city planner, public services director, city attorney, city manager and other staff as designated by the city manager. Individual staff members may provide comments, including but not limited to recommended reconfigurations, modifications, additions or deletions to the preliminary submission.

(b)

PUD application, narrative and associated documents.

1.

After the owner has received comments from city staff and incorporated those comments into the proposed development of the PUD, the application for rezoning to PUD may be submitted along with the requisite narrative and any other associated documents.

2.

City staff will review the PUD application, narrative and associated documents for consistency with the Land Development Code. When the review is complete, the rezoning of the property to the PUD district will proceed to the requisite public hearings. City staff may require an applicant to supplement their submission before it can proceed to public hearing.

(c)

PUD ordinance and public hearings. A PUD ordinance will be prepared and presented to the following bodies within a reasonable time after initial review and approval by city staff:

1.

The planning and zoning board, for review and recommendation to city commission; and

2.

The city commission, for final review and approval or denial.

(Ord. No. 2017-15, § 1(Exh. A), 9-11-2018)

(1)

The preliminary application for initial review by city staff should include a location map, a brief description of the project and a conceptual plan.

(2)

City staff shall review the application and prepare a report including comments from the city departments about the possibility of rezoning to PUD.

(Ord. No. 2017-15, § 1(Exh. A), 9-11-2018)

(1)

In addition to the standard rezoning application and submission, the applicant shall submit a PUD narrative describing the PUD and setting for the manner in which the proposed PUD complies with the requirements of section 110-643 of this Code.

(2)

Applications for review of a PUD rezoning shall be available from the planning and zoning department (hereafter, the "department"). The completed application shall be signed by all owners of the property subject to the proposal, and, where applicable, their agent; all signatures shall be notarized. Signatures by other parties will be accepted only with notarized proof of legal authorization by the owners. In a case of corporate ownership, the authorized signature shall be accompanied by a notation of the signer's office in the corporation. All applications will be required to comply with the following submittal requirements and where applicable and necessary additional submittal requirements as specified by the city staff or designated by the city manager.

(a)

The application shall include documents and drawings showing:

1.

Name, address, e-mail address, and telephone number of owner.

2.

Legal description of property involved.

3.

Parcel identification numbers.

4.

Survey of property.

5.

Description of intended use(s).

6.

PUD narrative.

7.

Description of proposed development activities.

8.

Development plans for all proposed project activities.

9.

A site plan drawn to scale. Each site plan sheet shall show:

(a)

The north arrow;

(b)

The graphic scale;

(c)

The drawing date;

(d)

All existing and proposed structures with the setbacks from each other and the property line;

(e)

The lot coverage; and

(f)

The proposed parking and landscaping.

10.

Traffic analysis.

11.

Flood zones.

12.

Architectural renderings.

13.

Electronic version of plans and all documents.

(b)

Where applicable to the development activity proposed, the city staff may require the following to be submitted as part of the application:

1.

Building, structure, sidewalk and pavement location, height and setback;

2.

Location, length and width of proposed driveways and driveway alignment with driveways on surrounding land;

3.

A map of vegetative cover including the location and identity by common name of all protected trees;

4.

Floor plan for existing and proposed structures;

5.

A detailed landscape plan meeting or exceeding the requirements of this Code for all new or existing uses;

6.

Sign plans, including the location of signs on the site; dimensions of all signs, including maximum square footage, height and width; and distance from the ground to the bottom of the sign display area (including borders); and

(3)

City staff will review the PUD application for compliance prior to any public hearings.

(Ord. No. 2017-15, § 1(Exh. A), 9-11-2018)

(1)

The PUD ordinance must include the following:

(a)

Written findings the proposed PUD ordinance complies with the provisions of this article;

(b)

The PUD agreement;

(c)

The development plan for the PUD;

(d)

The schedule for development of the PUD;

(e)

The legal description of the area within the PUD; and

(f)

Language requiring:

1.

That the proposed development shall proceed in accordance with the PUD ordinance, the development plan for the PUD, the schedule for development of the PUD, and such conditions and safeguards as may be established by the city commissioners in such ordinance.

2.

That the proposed development will be completed according to plans approved by the PUD ordinance, and that there will be continuing operating and maintenance of such areas, functions and facilities as are not to be provided, operated or maintained by the city pursuant to written agreement.

3.

That any commitments made in the application or approved PUD report shall be binding on the applicant's successors in title or interest.

(Ord. No. 2017-15, § 1(Exh. A), 9-11-2018)

(1)

For all PUD developments, the staff and commission shall review the plans. In order to facilitate minor adjustments, changes which comply with the following criteria may be approved by the city manager or designee.

(a)

The number of dwelling units is the same or less.

(b)

The open space is in the same general location and in the same amount, or greater amount.

(c)

The floor area of the buildings is the same or less.

(d)

The streets follow approximately the same layout.

(e)

Access points for the project site are the same or less in number and in the same general location.

(f)

Extension of time limits for development for periods not exceeding two years upon showing good cause, submission of a development status report and submission of a revised schedule of development.

(Ord. No. 2017-15, § 1(Exh. A), 9-11-2018)

(1)

The development of the PUD must proceed according to the schedule for development included in the PUD ordinance. If the development does not commence within the time frame specified in the PUD ordinance, or in the case of a phased development, a phase of development does not commence within the time frame specified in the PUD ordinance, the ordinance shall become invalid and no further development shall be permitted. If time limits contained in the approved PUD are not complied with and not extended for good cause, the city commission may initiate rezoning of the property or any part of it, and/or amend the approved PUD development plan, so as to best protect adjoining properties and the public health, safety or welfare. City staff shall initiate action to rezone the property to another appropriate zoning district by following the rezoning procedure set forth in this Code. No development shall be permitted under an expired PUD.

(2)

Extensions of time: Applicants may request extensions of time on PUD ordinances. Such extensions may be granted for a maximum of up to four years. Extensions may be granted only upon a showing by the applicant that reasonable efforts have been made towards securing the required permits and commencing work on the project, that any proposed amendment of the development plan will serve to the benefit of the city and the project, and the extension is based upon good cause, as determined by the city manager. Any such extension shall not automatically extend the normal expiration date of a certificate of concurrency, building permit, site plan approval, development agreement or other development order. Failure to complete phasing on schedule shall require a new concurrency review and obligation to obtain the appropriate certificate of concurrency reservation pursuant to this Code, where applicable.

(Ord. No. 2017-15, § 1(Exh. A), 9-11-2018)

All construction in the development of a PUD shall proceed only under applicable permits issued by the city and any other regulatory department or agency. No building permit, certificate, or other document authorizing construction or occupancy within a PUD shall be issued except in accordance with the approved development plan.

(Ord. No. 2017-15, § 1(Exh. A), 9-11-2018)

(1)

All land included in any PUD shall be under the complete, unified, legal, otherwise-encumbered control of the owner, whether the owner be an individual, partnership, corporation, other entity, group or agency. The owner may designate an agent of record for the purposes of this process.

(2)

The city attorney shall review all agreements, contracts, guarantees and other necessary documents and information that may be required by the city attorney to assure the city that the development project may be lawfully completed according to the plans sought to be approved.

(3)

The application shall not be considered by the city commission until the city attorney has certified in writing that the legal requirements of this section have been fully met. The city attorney may require the applicant to provide an opinion of its attorney to the same effect. The owner shall acknowledge within the application that the applicant and any successors and assigns in title and/or interest shall be bound by any commitments made in the adopted PUD ordinance unless otherwise approved by the city commissioners.

(Ord. No. 2017-15, § 1(Exh. A), 9-11-2018)

When provisions for phasing are included in the development plan, each phase must be so planned and so related to previous development, surrounding properties and the available public facilities and services that a failure to proceed with subsequent phases will have no adverse impact on the PUD or surrounding properties.

(Ord. No. 2017-15, § 1(Exh. A), 9-11-2018)