A.

General.

1.

Purpose of PUDs. PUD districts are recognized as serving the public interest and are encouraged for the following reasons:

a.

Land use and housing diversity. To allow diversification of uses (where mixed-use is allowed), housing types and open spaces when not in conflict with abutting properties.

b.

Efficiency. To reduce facility improvement and maintenance costs through a more efficient use of land and a smaller network of utilities and streets than is possible through application of conventional site design controls.

c.

Open spaces. To conserve the natural amenities of the land by encouraging the preservation of scenic and functional open space.

d.

Site planning. To provide maximum opportunity for innovative site planning concepts to create pleasing living environments.

2.

General provisions.

a.

Density and intensity calculations shall comply with section 14-4-6.A.5.

b.

The relevant review criteria in section 14-3-31 (Site Plan Review) shall be used in reviewing a planned unit development (PUD) application.

c.

The ordinance adopting the rezoning for a specific PUD district shall specify the allowable number of units permitted therein.

d.

New planned unit developments are not allowed within the form-based code area (see chapter 14-5).

e.

To ensure that development will occur according to the limitations of housing types, site design, density, building coverage, improvement standards, and construction phasing it must be authorized through a conceptual plan.

f.

See section 14-3-28.B.1.b for ownership and control requirements.

g.

Mixed-use and commercial planned developments shall distribute pedestrian/bicycle-oriented amenities, such as bike racks, evenly throughout the residential and non-residential portions of the development.

3.

Density bonus. Any density bonus tentatively approved at the time of rezoning shall be conditioned upon full conformance at the time of site plan or subdivision plat. A five percent density bonus may be approved for each of up to five criteria listed below, which the city determines is satisfied No density bonus shall be provided unless the design used to achieve the criteria below exceeds the minimum standards of this chapter which would otherwise apply to the project.

a.

Design standards. A comprehensive set of standards are established which address the design of all buildings, signage, fences/walls, accessory structures, streetscapes, landscapes and site design elements. Design elements to be addressed shall include: architectural styles, details and materials; the configuration, massing, scale, spacing, façade design and orientation of buildings; setback patterns; the style, materials and placement of walls/fences and landscaping; streetscape design addressing pavement materials, lighting, street trees, pedestrian and bike facilities, signage, transit shelters, benches, trash receptacles and other hardscape features; screening design and placement of above-ground utility and solid waste facilities; and styles, materials, lighting and placement criteria for signage. This bonus shall require use of upgraded construction materials and design standards for all elements of the development.

b.

Amount of open space. The minimum amount of required common open space is increased by at least ten percent.

c.

Size of open space areas. At least 50 percent of the required open space is located in one or more areas at least one acre in size which have a minimum width and depth of at least 150 feet.

d.

Number of trees retained. The portion of the development considered buildable land must preserve an average of at least 15 trees per acre. Preserved trees must have a minimum DBH of 12 inches.

e.

Number of trees planted. The developer proposes to plant an average of at least 15 trees per acre within the portions of the development considered buildable land. Trees shall have a minimum DBH of four inches, shall be located within common areas, and shall be in excess of minimum landscaping requirements.

f.

Street/driveways. All entranceways to the development have a landscaped entranceway with at least 1,250 square feet of landscaped area and all major internal streets and driveways shall have trees (with an average spacing of 35 feet or less).

g.

Pedestrian/bicycle path system. All residential areas are connected by means of an appropriate pedestrian and/or bicycle path system which complies with the standards in section 14-7-5 and which is located primarily outside of street rights-of-way and generally a substantial distance from major internal streets and driveways. Pathways shall adhere to the following:

i.

Shall be a minimum of ten feet in width;

ii.

Must form a continuous internal loop through the development;

iii.

Shall connect to existing and/or proposed off-site pedestrian/bicycle systems where possible.

k [h].

Affordable housing. At least 20 percent of the dwelling units are substantially subsidized by governmental subsidies in a manner which provides long-term benefits to very low, low and/or moderate-income households. Use of this bonus shall require a letter of confirmation from the City of Kissimmee Housing and Community Development Coordinator or designee.

l [i].

Diversified housing market. At least 75 percent of the dwelling units contain 2,000 square feet or more of heated/cooled space to provide expanded options for higher income households.

m [j].

Traditional neighborhood design. The development complies with the traditional neighborhood design standards in section 14-10-13.

n [k].

Public school site dedication. The developer dedicates land to the Osceola County School Board for use as a public school. This criterion alone may achieve a bonus equivalent to 20 percent of the total allowable density for the project. In order to qualify for this bonus:

o [i].

The site to be dedicated must be accepted by the Osceola County School Board as being consistent with their plans and need for schools in the area;

p [ii].

The dedication of land shall be made prior to or concurrent with final plat approval for the proposed development.

q [l].

Public facility dedication. The dedication of land for use by a government entity for a fire station, police substation, community center, athletic facility or similar public facility when requested by the local government entity.

r [m].

Green building practices. The use of "green" building practices in accordance with the policies of the U.S. Green Building Council (USGBC) and leadership in energy and environmental design (LEED) certification program. To qualify, the project must have a minimum of 25 percent of the points required to become LEED certified, based on the LEED certification checklist issued by the USGBC. Methods for utilizing these principles shall be clearly outlined in the PUD documents and must be verified in all building and site construction documents.

s [n].

Infill development. The development meets the definition of "infill," as identified in chapter 14-2 and is within existing city limits or would reduce an existing enclave. This section shall not be construed to promote the demolition of existing structures deemed historic within the city, as defined by chapter 14-2.

t [o].

Historic preservation. The development includes the rehabilitation, restoration, and/or adaptive reuse of an existing historic structure, as defined by chapter 14-2. The use of this bonus shall require historic preservation board review and approval of any improvements to existing historic structures utilized within the project.

B.

Residential Planned Unit Development District (RPUD).

1.

Intent. The purpose of this district is to permit land under unified control to be planned and developed for permanent residential occupancy with a greater amount of site design flexibility by removing some of the restrictions of conventional zoning.

2.

Future land use categories. This district is intended for use in suitable areas which have been assigned any of the following future land use designations by the comprehensive plan: Single Family Low Density Residential (SF-LDR), Single Family Medium Density Residential (SF-MDR), Multiple Family Medium Density Residential (MF-MDR), Multiple Family High Density Residential (MF-HDR), Open Space (OS), and Institutional (INST).

3.

Permitted uses. The primary permitted uses shall be those uses authorized by the category designated on the future land use map of the comprehensive plan. Within this framework, the following subordinate uses may be authorized if they utilize less than 50 percent of the gross area of the development:

⁽¹⁾ Per Future Land Use category

Permitted (P); Not Permitted (N)

4.

Site design standards.

a.

Residential planned unit development (RPUD) density.

i.

The maximum density within a mixed-use future land use designation shall not exceed 75 percent of the maximum density permitted by the future land use designation of the site. No density bonuses may be approved. However, the development shall be required to meet a minimum of four of the criteria identified in subsection 14-4-8.A.3. If the site has a residential or non-residential future land use designation, however, a density bonus may be approved in accordance with section 14-4-8.A.3.

ii.

Densities may be restricted to less than six units per acre in areas assigned a multiple family future land use designation if during the conceptual plan review process the city determines such densities are needed in order to protect environmentally sensitive lands or to achieve greater consistency with surrounding uses of land.

iii.

The density shall be calculated based on gross acreage as defined in chapter 14-2.

iv.

Densities in RPUDs shall be compatible with the densities of existing and anticipated future development surrounding the RPUD, according to the policies of the future land use element of the comprehensive plan. .

b.

Lot area, yards, building separation, and setbacks.

i.

Single family detached dwellings shall be located on lots with an area of at least 9,000 square feet and a lot width of at least 70 feet. Single family lots with an area of less than 9,000 square feet and a lot width of less than 70 feet may be permitted provided the development complies with the traditional neighborhood design standards listed in section 14-10-13. However, greater area and lot widths may also be required after considering the relevant characteristics of the use, the rest of the planned unit development (PUD), and the surrounding area - including those characteristics relating to compatibility, physical feature constraints, and infrastructure constraints. Lot depth and yard requirements for single family dwellings shall be determined on a similar basis. Area, width, depth, and yard requirements for townhouse lots and other lots shall also be determined on an individual development basis, after considering the relevant characteristics of the use, the rest of the PUD, and the surrounding area.

ii.

There shall be at least 15 feet between multiple family structures with four or more dwellings, and for each story over one, an additional five feet of separation is required. Where residential structures have differing heights, the distance shall be based upon the tallest structure. Accessory structures shall be located no closer than five feet to residential structures. Additional separation may be required to provide adequate light, air, privacy, and protection from fire hazards. However, the separation requirements may be partially waived by the city commission after review by the planning advisory board. Such a waiver shall only be permitted if the city commission determines that a reduction in the standards is justified after considering the impact on light, air, privacy, and protection from fire hazards. The separation requirements may also be waived if the project is developed in accordance with the traditional neighborhood standards listed in section 14-10-13.

iii.

No building shall be located closer than 25 feet to any street or street right-of-way unless suitable provisions have been made for public safety, parking/access, landscaping/buffering, and the placement of utilities, or when the development fully complies with the traditional neighborhood design standards listed in section 14-10-13.

c.

Frontage. Each dwelling unit and other permitted uses shall have access to a public or private right-of-way and all lots shall front on a public or private right-of-way. All streets shall comply with the standards in chapter 14-7, except that private streets do not need to satisfy the minimum right-of-way width specified in that chapter. The city shall be allowed access on private streets, driveways, easements and common open space to ensure the police and fire protection of the area, to meet emergency needs, to conduct city services, and to generally ensure the health and safety of the residents of the development.

d.

Height of structures. Unless specified in the development standards, no structure shall exceed a height of 35 feet.

e.

Underground utilities. All utilities including telephone, television cable, and electrical systems shall be installed underground in easements suitable for maintenance and extension. Primary facilities providing service to the site may be exempted from this requirement. Large transformers shall be placed on the ground and contained within pad mounts, enclosures or vaults.

f.

Internal circulation. An internal pedestrian and bike path circulation system shall be provided in accordance with section 14-7-5.

g.

Other site design standards. All RPUD development shall also meet the applicable provisions of the following sections:

i.

Minimum living area: Section 14-4-6.A.

ii.

Short-term rentals: Section 14-6-44.

iii.

Parking and access: Chapter 14-7.

iv.

Landscaping: Chapter 14-8.

v.

Floodplain: Section 14-9-1.

vi.

Signs: Chapter 14-11.

vii.

Communication facilities: The requirements of sections 14-3-29.F (Conditional Uses - Review Criteria) and 14-6-38 (Communication Towers and Facilities) shall be met.

viii.

Open space: Section 14-10-10.

ix.

Parks and recreation: Section 14-10-11.

h.

Professional services required. Any plans submitted as a part of a rezoning application for an RPUD development shall be prepared by qualified professionals registered or licensed by the State of Florida. This can include an architect, landscape architect, surveyor, civil engineer, or land planner.

5.

Variances. Variances to Code requirements that cannot be waived through the PUD process must be approved by the board of adjustment in accordance with chapter 14-3.

C.

Short-Term Rental Planned Unit Development District (SRPUD).

1.

Intent. The purpose of the Short-Term Rental Planned Unit Development (SRPUD) District is to permit land under unified control to be planned and developed for short-term rental and/or time-share dwelling (as defined in chapter 14-2) residential structures with a greater amount of site design flexibility by removing some of the restrictions of conventional zoning. However, specific district locations must be compatible with surrounding areas and, unless created prior to the short-term rental overlay (STRO) regulations, must have also received a STRO district classification.

a.

Conceptual plan. To ensure that development will occur according to the limitations of housing types, uses, site design, density, building coverage, improvement standards, and construction phasing authorized through a conceptual plan.

2.

Future land use categories. This district is intended for use in suitable areas which have been assigned any of the following future land use designations by the comprehensive plan: Mixed-Use (MU), Single Family Low Density Residential (SF-LDR), Single Family Medium Density Residential (SF-MDR), Multiple Family Medium Density Residential (MF-MDR), Multiple Family High Density Residential (MF-HDR), Open Space (OS), and Institutional (INST).

3.

Permitted uses. The primary permitted uses shall be those uses authorized by the category designated on the future land use map of the comprehensive plan. Short-term rentals and time-share dwellings may be allowed. Within this framework, the following subordinate uses may be authorized if they utilize less than 50 percent of the gross area of the development:

⁽¹⁾ Per Future Land Use category

Permitted (P); Not Permitted (N)

4.

Site design standards. The site design standards of the RPUD district (see subsection 14-4-8.B.4) shall apply in addition to the following:

a.

Roadway access. All short-term rental developments and time-share dwelling developments shall have direct access to a collector or arterial road.

b.

Buffer. All short-term rental developments and time-share dwelling developments shall be separated on each side from areas which have not been approved for short-term rental or time-share dwelling use by a 15-foot or wider common area buffer with dense vegetation or a wall at least six feet high. A waiver to the size of the buffer may be granted by the development review committee when the short-term rental or time-share dwelling development is adjacent to a non-residential district.

c.

Location within mixed developments. All short-term rental or time-share dwelling developments which have one or more sections approved for short-term rentals or time-share dwellings and one or more sections not approved for short-term rentals or time-share dwellings shall locate the sections approved for short-term rentals and time-share dwellings in the front of the development or shall provide separate driveway access to such sections.

d.

Conversions. All short-term rental and time-share dwelling developments involving a conversion of existing dwellings to short-term rental or time-share dwelling residential units shall not be approved unless at least 80 percent, or the more restrictive standard in any specific property regulations controlling the property (example: association documents), of the owners in the development demonstrate acceptance of the conversion in a manner suitable to the city attorney.

e.

Sales contracts. All sales contracts involving the sale of lots or dwelling units in short-term rental or time-share dwelling developments shall indicate in red bold type that residential lots in the development may be used for short-term rental or time-share dwelling residential units.

f.

Licenses. Applicable city, county, and state licenses shall be obtained for all short-term rentals, short-term rental developments, time-share dwellings, and time-share dwelling developments.

g.

Other conditions. All short-term rental and time-share dwelling developments shall comply with any other conditions deemed necessary and just.

5.

Procedures and requirements for rezoning to SRPUD. See section 14-3-28.

6.

Site plan and plat reviews. See chapter 14-3.

7.

Conformance to conceptual plan. See section 14-3-28.A.

8.

Effective period of SRPUD approval. See section 14-3-28.F.

9.

Variances. Variances to the Code requirements that cannot be waived through the PUD process must be approved by the board of adjustment in accordance with section 14-3-51.

D.

Mixed-Use Planned Unit Development District (MUPUD).

1.

Intent. The purpose of this district is to permit land under unified control to be planned and developed for a compatible mix of residential and commercial purposes or commercial-light industrial uses with a greater amount of site design flexibility by removing some of the restrictions of conventional zoning.

2.

Future land use categories. This district is intended for use in suitable areas which have been assigned any of the comprehensive plan future land use designations other than the Mobile Home Medium Density Residential (MH-MDR) designation. The uses, density and intensity allowed in this district shall be consistent with the future land use designation.

3.

Permitted uses. The primary permitted uses shall be those uses authorized by the category designated on the future land use map of the comprehensive plan, including short-term rentals and time-share dwellings in areas with land use designations allowing residential uses if in compliance with section 14-6-44. Within that framework, the following subordinate uses are authorized in a mixed-use pattern:

a.

Mixed residential - Non-residential development (except in areas with a MU future land use designation).

i.

Residential as subordinate use. Any use allowed in the RC-2 Multiple Family High Density Residential District (RC-2), including short-term rentals and time-share dwellings if in compliance with section 14-6-44.

ii.

Non-residential as subordinate use in Single Family Low Density Residential (SF-LDR) designated areas. Any use allowed in the B-2 or OS districts, other than communication towers and other communication facilities as defined in chapter 14-2.

iii.

Non-residential as subordinate use in other residential designated areas. Any uses, other than communication towers as defined in chapter 14-2, which are allowed in the B-2, B-5, CF, UT, or OS districts. However, no communication towers and no other communication facilities shall be allowed in areas which have been assigned a Single Family Medium Density Residential (SF-MDR) future land use designation by the comprehensive plan.

b.

Non-residential development (except in areas with a Mixed-Use (MU) future land use designation). The subordinate uses, except adult entertainment establishments, may be any use allowed in the B-2, B-3, HC, B-5, AI, BP, IB, CF, UT, or OS districts.

c.

Areas with a Mixed-Use (MU) future land use designation. The subordinate uses may be any use authorized by the comprehensive plan future land use element policy which established the MU land use designation for the property. Each of the above uses shall only be allowed in locations which the city commission determines them to be appropriate giving consideration to the characteristics of the particular project being proposed, their compatibility with nearby uses, the physical feature constraints of the site and nearby property, and the infrastructure constraints.

4.

Site design standards.

a.

Mixed-Use Planned Unit Development District (MUPUD) residential density.

i.

The maximum density within a mixed-use future land use designation shall not exceed 75 percent of the maximum density permitted by the future land use designation of the site. Density bonuses may be approved; however, the development shall be required to meet a minimum of five of the criteria identified in subsection 14-4-8.A.3. If the site has a residential or non-residential future land use designation, however, a density bonus may be approved in accordance with subsection 14-4-8.A.3.

ii.

Densities may be restricted to less than six units per acre in areas assigned a Multiple Family future land use designation if during the conceptual plan review process the city determines such densities are needed in order to protect environmentally sensitive lands or to achieve greater consistency with surrounding uses of land.

iii.

The density shall be calculated by gross acreage as defined in chapter 14-2.

b.

Lot area, yards, building separation, and setbacks. Area, width, depth, yard, building separation, and setback requirements for lots shall be determined on an individual development basis, after considering the relevant characteristics of the use, the rest of the planned unit development, and the surrounding area - including those characteristics relating to compatibility, physical feature constraints, and infrastructure constraints. However, areas assigned a residential land use designation on the future land use map of the comprehensive plan and areas assigned a mixed-use designation with a primary use of residential shall comply with the more restrictive requirements in section 14-4-8.B.4.b.

c.

Frontage. Each principal structure shall have access to a public or city approved private street and all lots shall front on a public or city approved private street. All streets shall comply with the standards in chapter 14-7, except that private streets do not need to satisfy the minimum standards for right-of-way width specified in that chapter. The city shall be allowed access on private streets, driveways, easements and common open space to ensure the police and fire protection of the area, to meet emergency needs, to conduct city services, and to generally ensure the health and safety of the occupants of the development.

d.

Height of structures. The city commission, upon recommendation of the planning advisory board, shall determine the appropriate height limitations on an individual development basis after considering the character of the surrounding area, the character of the proposed development, and the development goals as stated in the Kissimmee Comprehensive Plan. However, areas assigned a residential land use designation on the future land use map of the comprehensive plan and areas assigned a mixed-use designation with a primary use of residential shall comply with the more restrictive requirements in section 14-4-8.B.4.b.

e.

Underground utilities. All utilities including telephone, television cable, and electrical systems shall be installed underground in easements suitable for maintenance and extension. Primary facilities providing service to the site may be exempted from this requirement. Large transformers shall be placed on the ground and contained within pad mounts, enclosures or vaults.

f.

Pervious area.

i.

Future land use designation is residential. The maximum amount of impervious surface on the non-residential portion of such a site shall not exceed 80 percent of the non-residential acreage.

ii.

Future land use designation is non-residential. The maximum amount of impervious surface shall be no greater than 80 percent.

iii.

Future land use designation is mixed-use. The maximum amount of impervious surface shall be as specified in the comprehensive plan future land use element policy which established the MU land use designation for the property.

g.

Open space and recreation facilities.

i.

Common open space provided shall at least equal to the amount of pervious area required above or ten percent of the gross area of the development, whichever is less, when the future land use designation assigned by the comprehensive plan is a non-residential designation or when the future land use designation is mixed-use and the primary use is non-residential.

ii.

When the designation is residential or mixed-use and the primary use is residential, the development shall meet the requirements of sections 14-10-10 (Open Space) and 14-10-11 (Parks and Recreation Facilities).

h.

Internal circulation. An internal pedestrian and bike path circulation system in accordance with section 14-7-5 shall be provided within the development separate from vehicular circulation systems and at a distance sufficient to ensure safety. The city may waive all or a portion of this requirement upon a demonstration that the paths are infeasible or undesirable in the proposed development.

i.

Other site design standards. All PUD development shall also meet the applicable provisions of the following sections or articles.

i.

Minimum living area: Section 14-4-6.A.

ii.

Short-term rentals: Section 14-6-44.

iii.

Time-share dwellings: Section 14-6-44.

iv.

Parking and access: Chapter 14-7.

v.

Landscaping: Chapter 14-8.

vi.

Floodplain: Section 14-9-1.

vii.

Signs: Chapter 14-11.

viii.

Heliport: The requirements of section 14-6-6 shall be met and any maintenance facilities shall be accessory.

ix.

Communication towers and other communication facilities: The requirements of sections 14-3-29.F (Conditional Uses - Review Criteria) and 14-6-38 (Communication Towers and Facilities) shall be met.

x.

General regulations for specific uses: Chapter 14-6.

j.

Professional services required. Any plans submitted as a part of a rezoning application for an MUPUD development shall be prepared by qualified professionals which means an architect, landscape architect, or surveyor licensed by the State of Florida, a civil engineer registered by the State of Florida, or a land planner.

5.

Procedures and requirements for rezoning to MUPUD. See section 14-3-28 except that any phasing plan involving a residential component shall ensure that the proportion of the residential units constructed shall always equal or exceed the proportion of non-residential building square footage constructed if the area with the residential component has been assigned a residential land use classification on the future land use map of the comprehensive plan.

6.

Site plan and plat reviews. See chapter 14-3.

7.

Conformance to conceptual plan. See section 14-3-28.

8.

Effective period of MUPUD approval. See section 14-3-28.

9.

Previously approved PUD. The Kissimmee Industrial Park shall be developed in accordance with the provisions of Ordinance 400, its original PIP zoning. Any other tract designated PUD-I, PUDC, PUD-R, or PUD-S prior to the enactment of the MUPUD district shall be subject to the terms and conditions of the ordinance authorizing that PUD and all other documents approved by the city pertaining to that PUD, including, but not limited to, city approved plans and agreements. However, this section shall apply where such documents are silent with regard to a particular issue or when a PUD amendment is proposed [to] alter the enactment of the MUPUD district, so long as the application of this section does not result in the abrogation of any vested rights attributable to such PUD.

10.

Appeals process. Any applicant that is aggrieved by a decision of an administrative officer of the city relative to vesting hated upon Code provisions prior to adoption of this ordinance may appeal to the city manager, and if still aggrieved, to the board of adjustment. Any vesting appeal review shall be based upon the relevant statutes (such as F.S. ch. 163 or 380) and common law on the subject.

11.

Variances. Variances to Code requirements that cannot be waived through the PUD process must be approved by the board of adjustment in accordance with section 14-3-51.

(Code 1995, §§ 14-2-50—14-2-52; Ord. No. 2038, 12-20-1994; Ord. No. 2138, 11-26-1996; Ord. No. 2144, 12-17-1996; Ord. No. 2146, 12-17-1996; Ord. No. 2158, 2-4-1997; Ord. No. 2241, 8-18-1998; Ord. No. 2242, 9-1-1998; Ord. No. 2400, 12-11-2001; Ord. No. 2510, 3-16-2004; Ord. No. 2572, 9-20-2005; Ord. No. 2692, 6-24-2008; Ord. No. 2742, 12-22-2009; Ord. No. 2908, 10-6-2015; Ord. No. 3034, § 1(14-4-8), 8-4-2020; Ord. No. 3067, § 1(Exh. A), 11-15-2022)