The purpose of the planned unit development (PUD) classification is to provide for a special exception to develop residential, commercial and recreational uses in conformance with provisions and standards which ensure compatibility among all the land uses, foster innovation in site planning and development, and encourage sound design practices. Provisions are included for planned unit developments to permit establishment of areas in which diverse uses may be brought together in a compatible and unified plan of development which shall be in the interest of the general welfare of the public. In planned unit development, land and structures may be constructed and used for any lawful purpose in accordance with the provisions set forth herein.

(Ord. No. 207, § 6.10, 8-8-1979; Ord. No. 264, 7-13-1982; Ord. No. 416, 9-25-1991; Ord. No. 450, 5-11-1994)

The procedure for obtaining a special exception for undertaking development as a planned unit development (PUD) shall be as follows. This procedure shall be in lieu of the special exception procedures contained in section 34-93. See section 34-1334 for a minor amendment to an approved planned unit development.

(1)

The owner or agent thereof (hereinafter referred to as "owner") of the land shall apply in writing and shall submit five copies of a preliminary development plan as described in section 34-1331 to the town.

(2)

The town staff shall consider the proposed application, shall review the preliminary development plan with the owner, and shall prepare recommendations with regard to the preliminary development plan.

(3)

The town staff shall provide its recommendations to the owner indicating its approval in principle, or its disapproval. If the preliminary development plan is approved in principle, the town staff shall state any specific changes it may require.

(4)

The owner shall submit five copies of any application for special exception and five copies of a revised development plan as described in section 34-1332.

(5)

The planning and zoning board shall then consider the development plan and submit its recommendation to the town council. The planning and zoning board's failure to adopt a recommendation by motion shall be treated as no recommendation.

(6)

After receipt of the planning and zoning board recommendations, public notice shall be given and a public hearing held by the town council on the proposed special exception subject to the specifications of the development plan.

(7)

If the special exception and development plan are approved by the town council, the council shall indicate such approval through the adoption of a resolution setting forth all conditions applicable to the planned unit development.

(8)

Prior to the issuance of a building permit for any phase of the development plan, approval shall be obtained as described in subsections (1)—(7) of this section.

(9)

The developer shall post a form of surety or guarantee described in the town's subdivision regulations, in an amount equal to 110 percent of the town engineer's estimate for items listed in section 34-1332(a)(1) and (2) and those infrastructure improvements as described in section 34-1332(a)(4) of the development plan by phase.

(10)

Failure to meet the conditions set forth in the resolution approving the special exception and development plan shall constitute grounds for the repeal of the PUD approval by the town council.

(Ord. No. 207, § 6.20, 8-8-1979; Ord. No. 264, 7-13-1982; Ord. No. 416, 9-25-1991; Ord. No. 450, 5-11-1994; Ord. No. 454, 11-16-1994)

The planning and zoning board, after determining that the requirements of this division have been met, shall recommend the approval, approval with modifications, or disapproval of the development plan to the town council. The planning and zoning board may recommend the establishment of a planned unit development provided it determines that:

(1)

The uses proposed will not be detrimental to the natural characteristics of the site or to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under any other zoning.

(2)

Land surrounding the proposed development can be developed in coordination with the proposed development and be compatible in use.

(3)

The proposed planned unit development special exception is in conformance with the general intent of the comprehensive development plan of the town.

(4)

Existing and proposed streets are suitable and adequate to carry anticipated traffic within the proposed development and in the vicinity of the proposed development.

(5)

Existing and proposed utility services are adequate for the proposed development.

(6)

Each phase of the proposed development, as it is proposed to be completed, contains the required spaces, landscape and utility areas necessary for creating and sustaining a desirable and stable environment.

(7)

Each phase of the proposed development, as it is proposed to be completed, contains a comprehensive network of bicycle and pedestrian facilities in order to create and sustain alternative modes of transportation and a desirable environment.

(8)

The architectural design of buildings meets the appearance review criteria as described in section 34-116(2)b.

(Ord. No. 207, § 6.30, 8-8-1979; Ord. No. 264, 7-13-1982; Ord. No. 416, 9-25-1991; Ord. No. 450, 5-11-1994)

The owner shall submit an application for a planned unit development special exception with a preliminary development plan which shall include the following:

(1)

Application form and fee.

(2)

Survey of the property, showing existing features of the property, including contours, buildings, structures, trees over eight inches in trunk diameter, streets, utility easements, rights-of-way and adjacent land uses.

(3)

Proposed site plan, showing building locations, occupancy and land use areas, including any subdivision intended within the development, and phasing for development of the plan.

(4)

Proposed traffic circulation, parking areas, pedestrian walks, bikeways (paths and lanes), and landscaping.

(5)

Proposed public utilities plan including water supply, sewerage and stormwater drainage.

(6)

Proposed grading plan, showing one-foot contour intervals, building locations, and proposed storm drainage system.

(7)

Preliminary drawings of buildings to be constructed in the development which shall include exterior elevations.

(8)

Statement justifying area regulations modifications. In reference to section 34-1333(b)(3)a and b, the applicant shall provide a full written justification for each modification requested.

(Ord. No. 207, § 6.40, 8-8-1979; Ord. No. 264, 7-13-1982; Ord. No. 416, 9-25-1991; Ord. No. 450, 5-11-1994)

(a)

The owner shall submit a development plan for review by the planning and zoning board and approval by the town council prior to the issuance of any building permit. Plans and specifications shall bear the signature and seal of the professional person responsible for the design and drawings and contain the following items:

(1)

Traffic circulation, required parking and loading areas, pedestrian walks, and bikeways (paths and lanes).

(2)

Landscaping plan, including site grading and landscape planting and structures.

(3)

Preliminary drawings of buildings to be constructed in the current phase, including floor plans, exterior elevations and sections.

(4)

Conceptual final engineering plans, including street improvements, drainage system, and public utility extensions. All such improvements shall comply with construction standards outlined in the town's subdivision regulations. All lots shall have frontage on an accepted town, county, or state road, or private road built to town specifications.

(5)

Engineering feasibility studies for the solution of any anticipated problems which might arise due to the proposed development, as required by the planning and zoning board.

(6)

Construction sequence and time schedule for completion of each phase for buildings, parking spaces and landscaped areas, if applicable.

(7)

Complete documentation of community association or other means for the continued maintenance of common areas and buildings.

(b)

In addition to the site plan, a plat shall be submitted for approval which shall be in accordance with the town's subdivision regulations.

(c)

The development plan shall be in general conformance with the approved preliminary development plan. Approval shall be secured by the owner for each phase of the development. Development of each phase shall commence within two years of approval of the development plan for each phase. If development of the first phase does not commence within two years, the approved development plan shall terminate. If development of subsequent phases does not commence within two years of approval of the development plan for that phase, the development plan shall terminate and no additional building permits shall be issued until a new development plan is approved. Commencement of development shall consist of receipt of a validly issued building permit and first building inspection approval for a minimum of one principal structure or completion of 25 percent of the total cost of the infrastructure (water, sewer, roads, and drainage) for the subject phase. Infrastructure costs for the project shall be reviewed and approved by the town engineer prior to final engineering plan approval.

(d)

Prior to the expiration of the two-year period, a one-year extension to commence development may be applied for with the town council. An extension may be granted upon a determination by the town council that the applicant has made a good faith effort to commence construction but has been prevented from doing so for reasons beyond the control of the applicant. No more than a one-year extension may be granted to each particular phase.

(Ord. No. 207, § 6.50, 8-8-1979; Ord. No. 264, 7-13-1982; Ord. No. 416, 9-25-1991; Ord. No. 450, 5-11-1994; Ord. No. 454, 11-16-1994; Ord. No. 689, § 18, 1-25-2017)

(a)

The standards for a planned unit development (PUD) are to provide the planning and zoning board and town council with a means to evaluate applications for these developments consistent with the provisions and general intent of this chapter and the comprehensive plan of the town. The minimum size of all PUD's shall be as follows:

The uses identified above include all associated accessory uses.

(b)

The following standards are intended to provide the necessary latitude for the developer to make creative and efficient use of his property:

(1)

Use regulations. Any use or uses permitted by right, any accessory use or uses or special exception use or uses permitted in the zoning district in which the PUD is to be located may be permitted in a planned unit development special exception.

(2)

Mixed use regulations. A planned unit development in residential districts in excess of 20 acres may be permitted with mixed uses according to the following schedule:

(3)

Area regulations.

a.

Area standard modifications. Except as provided in subsection b of this subsection (b)(3), area regulations applicable to the district in which a PUD may be permitted may be modified by 25 percent of the standard. For example, a 1,000 square foot minimum dwelling unit size may be reduced to 750 square feet.

b.

Constant standards. The following area standards may not be modified as a part of the PUD special exception process:

1.

Maximum height in RH district*

2.

Minimum front yard setback**

3.

Minimum rear yard setback

4.

Ocean setback

*Maximum height in other residential districts may be increased by one story provided the additional floor is occupied by dwelling units.

**In order to allow variety in streetscape appearance and design flexibility, the front yard setback may be reduced to 15 feet for any portion of a dwelling except for that portion of a house which is a front end loaded garage. Front end loaded garages shall be setback the required minimum front yard setback in order to allow for sufficient stacking depth for driveway parking. Side entry garage dwellings shall have a minimum stacking depth of 25 feet for driveway parking.

c.

Side yard setbacks. The minimum side yard setback requirements for all zero lot line developments shall be zero feet on one side and on the other side a minimum of ten feet. A minimum five-foot wide nonexclusive access easement shall be established along the lot line of the ten-foot required side yard, in order to allow for adjacent property owners to perform construction, remodeling, maintenance and repairs to the zero lot line side of any structure, in favor of the required association. A minimum 25-foot setback shall be required on corner lots adjacent to public streets. However, a minimum ten-foot side setback shall be required from an adjacent property which is not part of the development. All building walls facing a street or adjacent property which is not part of the development shall be required to have architectural features and treatments, such as but not limited to windows, ornamentations, and glass block. Such features and treatments are required to prevent solid blank building wall facades.

(4)

Density modification. Under a planned unit development the maximum average dwelling unit density per gross acre may be increased as set out in the following schedule:

(Ord. No. 207, §§ 6.60—6.64, 8-8-1979; Ord. No. 264, 7-13-1982; Ord. No. 329, 1-20-1988; Ord. No. 372, 8-16-1989; Ord. No. 416, 9-25-1991; Ord. No. 450, 5-11-1994; Ord. No. 499, 3-11-1998; Ord. No. 596, 9-27-2006)

A minor amendment to the originally approved planned unit development may be approved by the planning and zoning director or his designee, in consultation with the town manager, only if the amendment adheres to the following requirements:

(1)

An increase in the total floor area of any principal structure does not exceed ten percent and there is no increase in the number of principal structures, or in the number of residential dwelling units as specified by the adopted master plan. However, a decrease in the total floor area of any building, or reduction in the number of principal structures, stories, or units as specified by the master plan may be approved as minor amendments.

(2)

There is no change in the boundary of the planned development.

(3)

Rearrangement of uses or locations on a property may be permitted unless they conflict with a specific provision of the adopted planned unit development approval.

(4)

There is a relocation of no more than ten percent of the total building footprint on a site. For example, if there are two buildings on a site and each has 5,000 square feet of building footprint, then the total building footprint for the site is 10,000 square feet. If one building relocates 500 square feet and the other building relocates 1,000 square feet, then the total relocation is 1,500 square feet out of 10,000 square feet, which is a relocation of 15 percent of the total building footprint. This would qualify as a major amendment under this provision.

(5)

Any increase in traffic generation shall be by no more than ten percent above that established by the development plan approved by the town council. However, the county's traffic performance standards, as specified in section 7.9 of the Palm Beach County Unified Land Development Code, must be adhered to.

(6)

There is no increase in negative impacts on adjacent properties.

(7)

There is no major alteration in the architectural design. Major alteration in design shall mean any change in the character of the structure. However, an amendment to a previously approved planned unit development that was not reviewed under the current appearance criteria in section 34-116(2)b may be amended in architectural design to conform with the current appearance standards and not be considered a major alteration.

(8)

The amendment does not violate any of the conditions which were placed on the approval.

(Ord. No. 207, § 6.70, 8-8-1979; Ord. No. 264, 7-13-1982; Ord. No. 450, 5-11-1994)