Malabar City Zoning Code

ARTICLE IV

PLANNED UNIT DEVELOPMENT DISTRICT REGULATIONS

Section 1-4.1.- General regulations for all planned unit development.

The following regulations shall be applicable to all planned unit development:

Purpose and Intent of Planned Unit Development. This district is intended to implement Planned Unit Development (PUD) provisions of the Town of Malabar Comprehensive Plan, including but not limited to Objective 1-2.6 and Policy 1-2.6.1. The PUD district provides a voluntary management framework for coordinating objectives of the development community which may be inconsistent with conventional zoning district provisions. The PUD district incorporates a more flexible management structure for negotiating private sector development objectives which reinforce and further public sector goals, objectives and policies for the Town's development and resource conservation. The PUD district purpose is to:

Achieve high standards in the quality of urban design amenities within residential and non-residential developments;

Promote efficient use of land by facilitating more cost effective and environmentally sensitive site planning;

Stimulate opportunities for varied housing types;

Conserve and protect the natural environment including wetlands, natural habitat, drainage corridor, flood prone lands, and other environmentally sensitive lands; and

Provide for more useable and suitably located open space and recreation facilities and other public and common facilities than would otherwise be provided under conventional land development procedures.

Unified Control. All properties within a proposed planned unit development (PUD) shall be under unified ownership or control as evidenced by legal instruments submitted by the applicant. These legal instruments shall be approved by the Town Attorney.

Minimum Size. A planned unit development (PUD) shall have a minimum of twenty-five (25) acres under unified control as defined above in Subsection 1-4.1(B).

Conformance with Comprehensive Plan and Zoning Code. Each PUD submitted shall conform to all provisions of the Comprehensive Plan and all applicable provisions of this Code.

Compliance with Subdivision Regulations. All PUD applications shall be reviewed pursuant to provisions of this Article. In addition, PUD applications shall comply with provisions of the subdivision control ordinance. Planned unit development plans submitted under this Article must be in a form which will satisfy the requirements of the subdivision control ordinance for preliminary and final plats. Review time for plats shall conform to provisions of this Article.

Perimeter Transition Setback. Where perimeter landscape regulations within this section are found to be more restrictive than other provisions within the Land Development Code, this section shall be the controlling regulation. The perimeter boundary setback shall be measured from the nearest edge of the right-of-way. Adjacent or abutting property shall include property separated from the PUD by a right-of-way or easement.

Perimeter Transition Setback for Residential Planned Unit Development.

(a)

No building shall be constructed within one hundred (100) feet of a perimeter property line which abuts a major thoroughfare including:

•

Malabar Road (SR 514).

•

Babcock Street (SR 502).

•

US 1 Highway.

•

Weber Street.

•

Corey Road.

(b)

Along a perimeter boundary of a PUD(R), a minimum building setback of one hundred (100) feet shall be required in cases where the subject PUD(R) development:

(i)

Incorporates smaller lot sizes or varied structure types relative to adjacent residentially zoned property; or

(ii)

Abuts a nonresidentially zoned property.

The Town Council may modify the one hundred (100) feet setback requirement if the PUD(R) includes along the interior of the perimeter boundary:

(i)

Lot sizes equal to or greater than minimum lot sizes permitted on abutting residential zoned lands;

(ii)

Structure types compatible and consistent with structure types permitted on adjacent lands; and/or

(iii)

Incorporates a Type "A" opaque screen and buffer as defined in subsection 1-4.1(G) that clearly mitigates any potential adverse impacts.

Perimeter Transition Setback for Commercial or Industrial Planned Unit Developments.

(a)

No building or storage area shall be constructed within two hundred (200) feet of a perimeter property line which abuts property zoned for residential development.

(b)

In those cases where the property line does not abut and is not adjacent to residentially zoned land, no building shall be located within one hundred (100) feet of the outer boundary of the PUD(C) or PUD(I) district.

Screening and Buffer Yard Requirements.

Applicability. Any one of the following types of screening may be required by the Town during the planned unit development review process in order to minimize the impact of potentially objectionable areas such as: parking lots; utility or maintenance structures; solid waste disposal facilities; loading facilities, or other unsightly areas. Such screening may also be required along perimeter boundaries where land uses of different intensities are located in close proximity to each other.

Description of Screening Types. Three (3) basic types of screening are hereby established: Type "A," Opaque Screen; Type "B," Semi-Opaque Screen; and Type "C," Intermittent Screen.

(a)

Type "A," Opaque Screen. An opaque screen is intended to completely exclude all visual contact between uses. The Type "A" Screen shall be completely opaque from the ground up to a height of at least six (6) feet, with large deciduous or evergreen trees utilized as intermittent visual obstructions from the opaque portion to a mature height of at least twenty (20) feet. One (1) such tree shall be placed [for] every thirty-five (35) linear feet of screened property. The opaque screen may be composed of a wall, fence, or landscaped earth berm with planted vegetation, or existing vegetation, or any combination thereof which maintains a completely opaque screen of at least six (6) feet in height. Compliance of the man-made and natural vegetative screens will be judged on the basis of: (1) whether the natural vegetation and barrier fulfill the intent of the screen; (2) the average height and density of foliage of the subject species at the time of planting; and (3) the location, design specifications, and mix of natural vegetation with man-made barriers. The six (6) foot opaque portion of the screen must be opaque in all seasons of the year.

(b)

Type "B," Semi-Opaque Screen. The semi-opaque screen is intended to partially block visual contact between uses. The Type "B" screen shall be completely opaque from the ground up to a height of at least three (3) feet, with large deciduous or evergreen trees utilized as intermittent visual obstructions from the opaque portion to a mature height of at least twenty (20) feet. One (1) such tree shall be placed for every thirty-five (35) linear feet of screened property. The semi-opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, existing vegetation or any combination thereof which maintains a completely opaque screen of at least three (3) feet.

(c)

Type "C," Intermittent Screen. The intermittent screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. The Type "C" screen shall utilize large trees as intermittent visual obstructions from the ground up to a mature height of at least twenty (20) feet. The location and number of such trees shall be sufficient to establish the intended screen. The intermittent screen may be composed of fences, berms, and either existing or planted vegetation. Compliance of the man-made and vegetative screens will be judged on the basis of (1) whether the natural vegetation and man-made barrier fulfill the intent of the screen; (2) the average mature height and density of foliage of the subject species; and (3) the location, design, specifications and mix of natural vegetation and man-made barriers.

Compliance of the man-made and vegetative screens will be judged on the basis of (1) whether the natural vegetative and man-made barrier fulfill the intent the screen; (2) the average mature height and density of foliage of the subject species; and (3) the location, design, specifications and mix of natural vegetation with man-made barriers.

General Standards for Screening and Buffer Yards. In addition to the landscape requirements of Article XIV where the provisions of this ordinance require screening or buffering, the following standards shall apply:

(a)

Landscaped Buffer Strip Required. A landscaped buffer strip not less than ten (10) feet in width shall be provided in conjunction with all screening required herein. The buffer strip may be contained within required setbacks. Each buffer strip shall be landscaped with grass or other native cold tolerant ground cover in addition to the required screening materials and trees. The landscape strip shall contain no parking area.

(b)

Tree Plantings Required As Intermittent Obstructions. All screen types ("A," "B," or "C") shall include one (1) tree for each thirty-five (35) lineal feet or fraction thereof of screen length. Such trees shall satisfy the requirements for intermittent visual obstructions for all types of screens.

Palms shall not be used for the purposes of screening but may be retained and utilized in the calculation of other landscape requirements. Otherwise, tree specifications cited in the landscape regulations [of] Article XIII [Article XIV] shall apply.

(c)

Grading of Berms. Whenever berms are utilized, they shall be constructed with a grade not to exceed one (1) foot vertical to three (3) feet horizontal (1:3 slope). If berms are used in satisfying the screening and buffering requirements, they shall be landscaped with plant material to achieve the required heights.

(d)

Quality and Maintenance of Plant Materials. All plant materials utilized to fulfill the requirements of this section shall be cold tolerant and shall meet criteria established in the landscape specifications cited in Article XIII [Article XIV] of this Code. No plant species prohibited pursuant to Article XIII [Article XIV] shall be permitted in satisfying requirements of this Article. Synthetic or artificial material in the form of trees, shrubs, vines, ground cover or artificial turf shall not be used in lieu of plant requirements in this section. All landscape screening and buffering shall be maintained pursuant to requirements cited in the landscape maintenance regulations within Article XIII [Article XIV] of this Code.

(e)

Credit Towards Other Required Landscaping. Where the landscaping provided under this section meets the requirements of other provisions of this ordinance, such landscaping may be credited toward fulfilling those requirements, with the exception of any required recreational open space.

(f)

Front Yards, Visibility Triangles, Streetlines. The above standards notwithstanding, no screening shall be required which conflicts with front yard fence or wall height limitations or required visibility triangles, or which extends beyond any streetlines as specified in Article XIII [Article XIV] of this Code.

(g)

Maintenance. The owners or their agents shall be responsible for providing, protecting and maintaining all landscaping in a healthy and growing condition.

Size and Dimension Regulations. Within all planned unit developments the location, size, dimensions, and design of yards, building setbacks, points of vehicular access, parking areas, building characteristics, and all other planned site improvements shall provide for:

Safe and convenient internal vehicular circulation, including access and sufficient area for effective delivery of emergency services such as fire protection;

Buildings with safe entry and exit from the front and the rear of respective buildings; and

Convenient, well-landscaped, and designed pedestrian ways and open space systems.

Signs. Signs within a Planned Unit [Development] District shall be permitted only in accordance with the sign regulations within this Code. The applicant shall submit proper documentation of a unified plan for signage with established deed restrictions or covenants governing the type, height, number, size, design and location of all signs in the development. The intent of the plan is to minimize sign proliferation, maximize the architectural integrity, and provide an overall plan assuring harmony in the color theme, and design of all signage.

PUD Requirements Continuing. The requirements of Article IV shall be continuing and enforceable against any PUD approved pursuant to this Article. The requirements shall run with the land and shall be enforceable regardless of transition in ownership.

Section 1-4.2. - PUD(R) Residential Planned Unit Development.

This section provides specific regulations governing the development of planned unit developments (PUD) in areas designated for residential development on the Comprehensive Land Use Plan Map.

Purpose and Intent. The purpose of the PUD(R) is to establish a regulatory framework for implementing the residential Planned Unit Development policies contained in the Town of Malabar Comprehensive Plan Future Land Use Element. The PUD(R) is intended to incorporate a flexible management policy which fosters innovative planning, design, and development of large scale residential projects. The PUD(R) district provides for residential land uses and supportive community facilities which promote highest standards of land planning including application of urban design techniques which promote livability, convenience, privacy, access to pedestrian and recreational amenities, unified schemes for street graphics and signage, implementation of professional landscaping concepts, and innovative design and placement of buildings and structures.

Permitted and Conditional Uses. The permitted and conditional land uses within the PUD(R) District shall be determined by the underlying Comprehensive Plan Future Land Use Map designation and the land use table by zoning districts (Reference Table 1-3.2). The following table denotes zoning districts herein designed to implement the Town's Comprehensive Plan Future Land Use Map designations.

If the Comprehensive Plan Future Land Use Map Designation is:	Then the permitted and conditional land uses are the same as for the following district (1):
LDR	RS-21
MDR	RM-4 RS-10 RS-15
HDR	RM-6
MRO	RM-6 OI

(1) Less intensive residential zoning districts than cited above are permitted by right within the respective comprehensive plan designations.

The respective conditional uses shall be allowed only after a finding that the use complies with the appropriate conditional use criteria and all other applicable provisions of this Code. The Town Council shall determine if such conditions and provisions are satisfied after first considering the recommendations of the Planning and Zoning Board.

Size and Dimension Regulations.

Maximum Density. The Comprehensive Plan land use designation shall govern the maximum density permitted. No credit shall be given for land used for nonresidential purposes in calculating density.

Open Space. A minimum of fifty percent (50%) of the site shall be preserved as permeable green open space.

Frontage and Accessibility. Every dwelling unit or other use permitted in the PUD(R) shall have access to a paved public street either directly or via an approved roadway.

Minimum Lot Size. No lot area shall be smaller than 7000 square feet. A modification to this standard may be granted by the Town Council upon demonstration by the applicant that substantial project amenities for the future residents of the development and the public can be attained by such modification which cannot otherwise be achieved by retaining the 7000 square foot minimum. The burden of proof is on the applicant to demonstrate to the Town Council's satisfaction that the increased amenities yielded by the modified minimum lot size is substantial and beneficial to the Town and its residents.

Setbacks. Minimum setbacks shall be stipulated for typical lots proposed in the conceptual development plan. The preliminary development plan shall provide detailed information on all setbacks for each respective lot. There shall be no minimum setbacks aside from perimeter boundary setbacks. However, the Town shall retain the authority to increase proposed setbacks consistent with sound application of urban design principles and practices.

Consideration shall be directed toward provision of usable open space, privacy, fenestration (i.e., roof line, placement and design of windows and doors, and access to light and air), landscaping, and other similar attributes of urban design which impact lot configuration, building layout and arrangement of open spaces.

Distance Between Buildings. There shall be a minimum of twenty (20) feet separating structures, excepting buildings with immediately adjoining or common walls. However, the minimum distance separating any one building over twenty-five (25) feet in height from an adjacent building shall be twenty (20) feet plus one (1) foot for each additional two (2) feet in height above twenty-five (25) feet.

Height. The height of structures shall not exceed thirty-five (35) feet.

Building Configuration and Open Space. The arrangement and orientation of structures, open space, landscaping, and pedestrian and vehicular circulation improvements shall provide a functional and an aesthetically pleasing environment for pedestrian users.

Sidewalks and Improvements to Enhance Pedestrian Movement. Sidewalks shall be planned and installed. The sidewalks shall link vehicle use areas including parking areas with all principal buildings. The pedestrian circulation system shall include marked pedestrian crossings in order to separate vehicular and pedestrian traffic.

10.

Trash and Utility Plant Screens. In the PUD(R) district all central refuse, trash and garbage collection containers shall be screened from sight or located in such a manner that will comply with the provisions of this Code.

11.

Signs. Signs in the PUD(R) district shall be permitted only in accordance with the sign regulations within this Code. The applicant shall submit proper documentation of a unified plan for signage with established deed restrictions or covenants governing the type, height, number, size, design and location of all signs in the development. The intent of the plan is to minimize sign proliferation, maximize the architectural integrity, and provide an overall plan assuring harmony in the color theme, and design of all signage.

Section 1-4.3. - PUD(C) Commercial Planned Unit Development.

Purpose and Intent. The purpose of this zoning district is to establish regulatory standards for implementing the Commercial Planned Unit Development policies appearing on the Town of Malabar Comprehensive Plan Future Land Use Map. The PUD(C) is intended to incorporate a flexible management policy, require urban design amenities, including streetscape improvements, and foster innovative master planning in the design and development of commercial centers.

Location. A commercial PUD shall have frontage on one of the following arterial roadways:

•

US 1 Highway.

•

Malabar Road (SR 514).

•

Babcock Street (SR 502).

Permitted and Conditional Uses. The permitted and conditional land uses within the PUD(C) District shall be determined by the underlying Comprehensive Plan Future Land Use Map designation and the land use table by zoning district (Reference Table 1-3.2). The following tabular illustration denotes the Comprehensive Plan commercial future land use map designations and the corresponding zoning districts to be referenced in determining allowable permitted and conditional land uses.

If the Comprehensive Plan Future Land Use Map Designation is:	Then the permitted and conditional land uses are the same as for the following district:
OI	OI
CL	CL
CG	CG

The respective conditional uses shall be allowed only after a finding that the use complies with appropriate conditional use criteria and all other applicable provisions of this Code. The Town Council shall determine if such conditions and provisions are satisfied after first considering the recommendation of the Planning and Zoning Board.

Size and Dimension Criteria for Commercial Site Improvements.

(a)

Setback and Yard Requirements. Aside from required perimeter boundary setbacks (Ref. § 1-4.1(a) [§ 1-4.1(F)]), there are no required setbacks or yards within the Commercial Planned Unit Development except as otherwise provided for herein. The building setbacks shall provide adequate access to light and air and shall provide sufficient open areas to accommodate landscape improvements, sidewalks, and pedestrian plazas.

(b)

(c)

Height. The height of structures shall not exceed thirty-five (35) feet.

(d)

Open Space. Commercial development shall maintain no less than thirty-five (35) percent green open area, exclusive of parking surfaces.

(e)

(f)

(g)

Signs. Signs in the PUD(C) district shall be permitted only in accordance with the sign regulations within this Code. The applicant shall submit proper documentation of a unified plan for signage with established deed restrictions or covenants governing the type, height, number, size, design and location of all signs in the development. The intent of the plan is to minimize sign proliferation, maximize the architectural integrity, and provide an overall plan assuring harmony in the color theme, and design of all signage.

Subdivision Improvements and Urban Design Amenities. In addition to requirements of Division V [Articles XVI—XVIII] of this Code, all urban design amenities such as signage, open space systems, pedestrian walkways, and street furniture shall reflect accepted principles and practices of urban design, including streetscape amenities which promote a harmonious and aesthetic environment for pedestrians and other user groups within the proposed development. This requirement shall be enforced in order to implement the purpose and intent of the PUD(C).

To this end, development plans shall incorporate:

A drainage system approved by the Town Engineer. The Town Engineer shall consider the relative advantages and disadvantages of curb and gutters, french drains, retention/detention, swales and other similar drainage system components. The Town Engineer shall approve the system or combination of systems most appropriate for surface water management. The following factors shall be considered:

(a)

Natural environmental conditions of the site;

(b)

Existing and proposed future hydrological conditions of the site, including existing and proposed site elevations, amounts and rates of water run-off, water quality, and other related factors;

(c)

Available drainage improvements on and off site;

(d)

Intensity of proposed use, potential barriers to movement, and impacts of the drainage system alternatives on pedestrian and traffic circulation, aesthetics of the project and impacts on the surrounding area; and

(e)

Potential contaminants or pollutants generated by land uses, motor vehicles, or other sources of pollutants and contaminants.

Sidewalks.

Traffic circulation improvements, including all needed intersection improvements along internal and perimeter streets required to service projected traffic volumes, including turning lanes, acceleration, deceleration and turning lanes, as well as traffic control devices and signage. All such improvements shall conform to Town specifications.

Street lighting and signage which is harmonious with the urban design theme of the project, promotes aesthetics and reinforces good principles and practices of streetscape design. Street lighting shall be installed on all internal and perimeter streets, within parking areas, and along pedestrian walkways. Signage shall incorporate a unified design.

Open space and landscape furniture, including open plazas, walkways, possible use of functional and aesthetic paving material, street benches, waste disposal receptacles, and sidewalk plantings which promote the project's urban design and aesthetics.

All other subdivision improvements and project amenities shall be consistent with a unified urban design.

Loading docks are prohibited on interior streets. They shall be located at the rear of all principal structures. Parking for trucks and all other company owned or controlled vehicles shall be located at the rear of all principal structures.

No shipping or receiving shall be permitted within two hundred (200) feet of any residentially zoned property or within forty (40) feet of any property line adjacent to any zoning district other than residential.

All storage areas shall be located at the rear of all structures. All outside storage areas shall be enclosed by a solid wall with solid entrance and exit gates. Such wall shall be a minimum of six (6) feet and a maximum of eight (8) feet in height, and in no case shall materials be stacked or stored so as to exceed the height of the wall. Storage areas shall be located at least seventy-five (75) feet from any street right-of-way. No motor vehicle which is inoperative shall be stored or used for storage on any lot or parcel of land in any PUD(C) unless it is within a completely enclosed building.

10.

Shaded light sources shall be used to illuminate signs, facades, buildings, parking and loading areas; and shall be so arranged as to eliminate glare from roadways and streets; and shall be directed away from properties lying outside the district. Shaded light sources are lighting elements shielded with opaque shade to direct the light. No neon lights, intermittent, or flashing lights or such lighted signs shall be allowed.

11.

All utility lines shall be placed underground. All telephone lines shall be placed underground. Service lateral electrical distribution lines serving individual installations shall be placed underground. Other high voltage electrical lines may be placed underground or on concrete poles provided that the poles are within the street right-of-way and have provisions for street lighting. Large transformers shall be placed on the ground and be contained in pad mounts, enclosures, or vaults. Where enclosures or vaults are used, the construction and design shall be compatible with the primary building design. Landscaping with shrubs and plants shall be provided to screen pad mounted transformers.

Section 1-4.4. - PUD(I) Industrial Planned Unit Development.

Purpose and Intent. The purpose of this zoning district is to establish regulatory standards for implementing the industrial Planned Unit Development policies contained in the Town of Malabar Comprehensive Plan Future Land Use Element. The PUD(I) is intended to incorporate a flexible management policy which fosters innovative planning, in the design and development of large scale industrial areas. The PUD(I) district provides for industrial land uses and accessory activities which promote high standards of land planning and site design.

Location. An industrial PUD shall have frontage on a major thoroughfare, as designated on the Town of Malabar Future Traffic Circulation System: 2010 Map. The Town Council may provide a waiver to this requirement where the PUD(I) district is serviced by a paved street which is designed to standards applicable to a collector street or arterial, as shall be recommended by the Town Engineer and approved by the Town Council. However, the improved street must provide direct access to an arterial street.

Permitted and Conditional Uses. The permitted and conditional land uses within the PUD(I) district shall be determined by the underlying Comprehensive Plan Future Land Use Map designation and the land use table by zoning district (Reference Table 1-3.2). The permitted conditional uses cited in Table 1-3.2 for the conventional industrial district shall be the same permitted and conditional uses allowable within the PUD(I) district.

Size and Dimension Criteria for Industrial Site Improvements.

(a)

Setback and Yard Requirements. Aside from perimeter boundary setbacks (Ref. § 1-4.1(F)), there are no required setbacks or yards within the Industrial Planned Unit Development except as otherwise provided for herein. The building and structures shall be arranged in a manner which provides for all required amenities including but not limited to: open space; surface water management; access to light and air; safe and convenient access and internal circulation, including off-street parking and loading; as well as landscaping and screening.

(b)

Distance Between Buildings. There shall be a minimum of twenty (20) feet separating buildings, excepting buildings with immediately adjoining or common walls. However, the minimum distance separating any one building over twenty-five (25) feet in height from an adjacent building shall be twenty (20) feet plus one (1) foot for each additional two (2) feet in height above twenty-five (25) feet.

(c)

Height. The height of structures shall not exceed thirty-five (35) feet.

(d)

Open Space. Commercial development shall maintain no less than twenty-five (25) percent green open area, exclusive of parking surfaces.

Subdivision Improvements and Urban Design Amenities. In addition to subdivision regulations within Division V [Articles XVI—XVIII] of this code, subdivision improvements shall reinforce a unified industrial park design scheme. To this end, development plans shall incorporate all subdivision improvement provisions as cited in § 1-4.3(E)(1—11) of the PUD(C) district. In these provisions reference to the PUD(C) district shall be interchangeable with the PUD(I) district.

Section 1-4.5. - General procedure for PUD zoning: Conceptual Development Plan.

Petitions for PUD zoning shall be submitted and processed as zoning amendments generally and in accordance with the following special procedures:

Preapplication Conference. Prior to submitting a formal application for PUD zoning, the petitioner is encouraged to confer with the Town and other County, State or regional agencies having jurisdiction or permitting responsibilities impacting the proposed development. The petitioner is further encouraged to submit a tentative land use sketch plan for review at the conference, and to obtain information on any projected plans, programs or other matters that may affect the proposed planned community. This preapplication conference should address, but not be limited to, such matters as:

The proposed relationship between the anticipated project and surrounding uses, and the effect of the proposed development on the Town of Malabar Comprehensive Plan goals, objectives, and policies as well as other stated planning and development objectives of the Town. Prior to receiving any PUD zoning district classification, the applicant must apply for and receive a PUD(R), PUD(C), and/or PUD(I) Comprehensive Plan Future Land Use Map designation for the subject property.

The adequacy of existing and proposed streets, utilities, and other public facilities to serve the development. The applicant shall be required to submit narrative and graphic information which addresses concurrency management issues identified in Policy 1-3.1.2 of the Town of Malabar Comprehensive Plan.

The nature, design, and appropriateness of the proposed land use arrangement for the size and configuration of property involved.

Initial Filing. Before a PUD shall be approved, an application for such approval shall be filed together with the requisite fee at the office of the Town Clerk. Such applications shall contain the following materials or data in sufficient quantities for necessary referrals and records:

Evidence that the subject property has been designated as a PUD on the Town of Malabar Comprehensive Future Land Use Map. The applicant may seek such Comprehensive Plan Future Land Use Map amendment concurrently with a request for a PUD zoning amendment. However, no action shall be binding on the PUD zoning petition until the necessary amendment to the Comprehensive Plan Future Land Use Map is duly approved by the Town and the State of Florida. The application requirements for a PUD amendment to the Comprehensive Plan Future Land Use Map shall include submission of a conceptual development plan. The requirements defining the form and content of a conceptual development plan are cited in § 1-4.8.

The evidence of unified control of the proposed planned development and the associated agreements required herein.

A proposed Conceptual Development Plan as prescribed in § 1-4.8 herein.

Such other material as the petitioner may feel is applicable to and in support of the PUD zoning.

Any additional information as may be required by the Planning and Zoning Board or the Town Council at the time of any public hearing.

Fee for PUD Zoning Review. The minimum fee for filing said application shall be established by resolution of the Town Council.

Ownership Requirements for Application. A PUD zoning application shall be filed in the name of the record owner of the property included in the PUD. However, the application may be filed by an applicant with an equitable interest in the property, or by an attorney or agent for the owner, provided the record owner joins in and executes the application. All applications shall include a verified statement showing each and every individual person having a legal equitable and/or beneficial ownership interest in the property upon which the application for site plan approval is sought, except corporations, in which case the name and address of the corporation and principal executive officers will be sufficient.

All land included for the purpose of development within a Planned Unit Development shall be owned or under the control of the petitioner for such zoning designation, whether that petitioner be an individual, partnership or corporation, or a group of individuals, partnerships or corporations. The petitioner shall present firm evidence of the unified control of the entire area within the proposed Planned Unit Development and shall stipulate that, if he proceeds with the proposed development, he will:

Do so in accord with the officially approved Final PUD Plan for the development, and such other conditions or modifications as may be attached to the special exceptions.

Shall provide at the time of final development review agreements, covenants, contracts, deed restrictions, or sureties acceptable to the Town for completion of the undertaking in accordance with the adopted Final PUD Plan, as well as for the continuing operation and maintenance of such areas, functions, and facilities as are not to be provided, operated or maintained at general public expense.

Bind his development successors in title to any commitments made under 1. and 2. preceding.

Review Procedures for PUD Zoning. Each applicant for PUD zoning shall submit a Conceptual Development Plan for review by the Town. The review process shall be carried out pursuant to this Article. If the Conceptual Development Plan and PUD zoning are approved, the applicant shall submit a Preliminary Development Plan for review by Town officials.

Staff Review. Ten (10) copies of the Conceptual Development Plan shall be submitted to the Office of the Town Clerk and shall be reviewed by the Building Official, the Town Planner and Town Engineer, and/or such other staff or professional consultants as the Town Council deems appropriate.

Criteria for Review. The Town staff shall present its findings in a written report to the Planning and Zoning Board. Staff review shall be accomplished expeditiously in order to prevent undue delay or inconvenience, but shall not be limited to the subdivision ordinance time frame for review of plats. The Staff Review shall address the following criteria:

(a)

Compliance with the Town of Malabar Comprehensive Plan. The PUD Zoning and Conceptual Development Plan is consistent with the PUD(R), PUD(C) and/or PUD(I) land use designation denoted on the future land use map and shall be consistent with the policies contained therein.

(b)

Conformance with Applicable Ordinances. Whether the PUD zoning and Conceptual Development Plan complies with the requirements of all applicable regulations and ordinances of the Town of Malabar.

(c)

Land Use Compatibility. Whether the proposal would result in any incompatible land uses, considering the type and location of uses involved.

(d)

Adequate Public Facilities. Whether the proposal would result in demands on public facilities and services, exceeding the capacity of such facilities and services, existing or programmed, including transportation, utilities, drainage, recreation, education, emergency services, and similar necessary facilities and services.

(e)

Natural Environment. Whether the proposal would result in significantly adverse impacts on the natural environment.

(f)

Economic Effects. Whether the proposal would adversely affect the property values in the area, or the general welfare.

(g)

Orderly Development. Whether the proposal would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern.

(h)

Public Interest; Enabling Act. Whether the proposal would be in conflict with the public interest, and is in harmony with the purpose and intent of this ordinance and its enabling legislation.

(i)

Other Matters. Any other matters which the Town may deem appropriate or that would be of particular relevance to the Planning and Zoning Board and/or the Town Council.

Review by Planning and Zoning Board and Town Council. The procedures of the Planning and Zoning Board and the Town Council in amending the Comprehensive Plan and/or the Land Development Code including the official Zoning Map are stipulated in Article XI [Article XII].

(a)

Considerations by the Planning and Zoning Board. The Board shall consider all aspects of the Conceptual Development Plan necessary to meet the intent and requirements of this Article and the Comprehensive Plan. The Board shall also consider the recommendations and comments of the staff. The Board shall use the environmental impact statement defined in Section 1-4.8(E)(3) to identify those areas within the PUD of critical environmental sensitivity. The Board shall recommend to the Town Council areas of critical environmental sensitivity which should be retained in their natural state or other appropriate measures to protect the areas.

(b)

Action by the Planning and Zoning Board. The Board shall recommend approval, approval with modifications or conditions, or disapproval; and such recommendation shall be endorsed on the face of each copy of the Conceptual Development Plan by the Chairman of the Board. The recommendation and reasons for the Board action shall be reduced to writing and forwarded to the Town Council.

(i)

Effect of Planning and Zoning Board Denial. If the Board denies the Conceptual Development Plan, the plan shall not be considered by the Town Council unless the applicant shall appeal the decision of the Board to the Town Council. Such notice of appeal must be filed in writing by the applicant to the Town Clerk within ten (10) days following action by the Board. If the decision is not appealed, no new PUD zoning application may be filed by the applicant until the passage of six (6) months from the date of the Board's action.

(c)

Consideration by Town Council. The Town Council shall consider the recommendations and comments of the Planning and Zoning Board and staff. The Town Council may make such investigations as may be deemed reasonably necessary to insure conformity with the intent and requirements of this Article.

(d)

Action by the Town Council. The Town Council shall approve, approve with modifications or conditions, or deny the Conceptual Development Plan, or may refer the plan to the Planning and Zoning Board for further consideration. In making its decision, the Town Council shall consider all aspects of the Conceptual Development Plan necessary to meet the intent and requirements of this Article and the Comprehensive Plan.

(e)

Conditions. In approving a Conceptual Development Plan, the Town Council may establish such conditions and may require such modifications as shall assure compliance with the Planned Unit Development standards and regulations and further, the Town Council may waive or modify subdivision, site plan or other zoning requirements otherwise applicable to the development when such waiver or conflict is not in conflict with said Planned Unit Development standards and regulations.

(f)

Application for Rezoning. In the event that a Conceptual Development Plan shall be disapproved by the Town Council, the application for rezoning shall thereby be deemed to be denied. In the event that the Town Council shall approve, or approve with modifications or conditions, a Conceptual Development Plan, the Town Council shall thereupon grant the rezoning application accompanying said plan.

(g)

Requests for Additional Information. Prior to, or in addition to, approval of a Conceptual Development Plan, and upon a determination that additional information is necessary for proper review of a Planned Unit Development project, the Town Council may require the submission of additional information by the applicant. The review of such additional information shall follow the procedures applicable to the review of the Conceptual Development Plan.

(h)

Amendments of Conceptual Development Plans. Once a Conceptual Development Plan has been approved, and there is cause for amendment of the same, or any portion thereof, such amendment shall be processed in a like manner as the original submission. However, there shall be no requirement to file an amended rezoning application unless the proposed amendment would so dictate.

(i)

Prescribed Time Limit for Development. Any Town Council approval of a Planned Unit Development application shall be subject to a prescribed time limit of not more than eighteen (18) months for the submission and approval of a Preliminary Development Plan. If the developer cannot meet this requirement, the developer shall request a public hearing for purposes of demonstrating why the Planned Unit Development should not be terminated. If the developer does not appeal before the Town Council to preserve the Planned Unit Development or if the developer fails to demonstrate why an extension should be granted, then the Town Council may initiate rezoning of the property to an appropriate zoning classification, pursuant to the procedures outlined in the Article XI [Article XII] of the Land Development Code. The prescribed time limit for the submission approval of a Preliminary Development Plan may be extended by the Town Council, for good cause if the developer presents evidence within the one and one-half year period which demonstrates that the developer has progressed in good faith toward implementing the Concept Development Plan.

Section 1-4.6. - General procedure for Preliminary Development Plan review.

The granting of a rezoning to a Planned Unit Development and the approval of its accompanying Conceptual Development Plan by the Town Council shall constitute authority for the applicant to submit a Development Plan. The Preliminary Development Plan shall be filed, processed and reviewed pursuant to this Section.

Filing Preliminary Development Plan. No Preliminary Development Plan shall be filed unless it has been prepared on the basis of a duly approved Conceptual Development Plan. The Preliminary Development Plan shall be submitted within the requisite time limit, as established at Conceptual Development Plan approval or as may be extended by Town Council action.

Fee for Preliminary Development Plan Review. The minimum fee for filing said application shall be established by resolution of the Town Council.

Ownership Requirements for Application. The ownership requirements for filing a Preliminary Development Plan shall be the same as for filing the Conceptual Development Plan as herein set forth.

Review Procedures for Preliminary Development Plan. Each applicant for a PUD shall submit a Preliminary Development Plan for review by Town officials. The review process shall be carried out pursuant to this Article. If the Preliminary Development Plan is approved, the applicant shall submit a final plat for review by Town officials.

Staff Review. Ten (10) copies of the Preliminary Development Plan including a preliminary plat thereof, shall be submitted to the Town Clerk and shall be reviewed by the Building Official, the Town Planner and Engineer, and such other staff or professional consultants as the Town Council deems appropriate.

Criteria for Review. The Town staff shall present its findings in written report to the Planning and Zoning Board. Staff review shall be accomplished expeditiously in order to prevent undue delay or inconvenience, but shall not be limited to the subdivision ordinance time frame for review of plats. The staff review shall address the following criteria:

(a)

Compliance with Subdivision Regulations. The Preliminary Development Plan shall comply with the preliminary plat requirements of the subdivision ordinance, Division V [Articles XVI—XVIII] of the Land Development Code.

(b)

Compliance with Zoning Regulations. The Preliminary Development Plan shall comply with all applicable zoning requirements, including site plan review procedures.

Review by Planning and Zoning Board and Town Council. The Planning and Zoning Board shall hold a meeting to review the Preliminary Development Plan. If approved by the Planning and Zoning Board, the Town Council shall also review the plan and approve said plan prior to the submission of any Final Development Plan.

(a)

Considerations by the Planning and Zoning Board. The Board shall consider all aspects of the Preliminary Development Plan necessary to meet the intent and requirements of this article and the comprehensive plan. The Board shall also consider the recommendations and comments of the staff. The Board shall use the updated environmental impact statement defined in § 1-4.9(A)(3) to identify those areas within the PUD plat of critical environmental sensitivity. The Board shall recommend to the Town Council areas of critical environmental sensitivity to be retained in their natural state or other appropriate measures to protect the areas.

(b)

Action by the Planning and Zoning Board. The Board shall recommend approval, approval with modifications or conditions, or disapproval; and such recommendation shall be endorsed on the face of each copy of the Preliminary Development Plan, by the Chairman of the Board. The recommendation and reasons for the Board action shall be reduced to writing and forwarded to the Town Council.

(i)

Effect of Planning and Zoning Board Denial. If the Board denies the Preliminary Development Plan, the plan shall not be considered by the Town Council unless the applicant shall appeal the decision of the Board to the Town Council. Such notice of appeal must be filed in writing by the applicant to the Town Clerk within ten (10) days following action by the Board. If the decision is not appealed, no new PUD application may be filed by the applicant until the passage of ninety (90) days from the date of the Commission's action.

(c)

(d)

Action by the Town Council. The Town Council shall approve, approve with modifications or conditions, or deny the Preliminary Development Plan, or may refer the plat to the Planning and Zoning Board for further consideration. In making its decision, the Town Council shall consider all aspects of the Preliminary Development Plan necessary to meet the intent and requirements of this Article and the Comprehensive Plan.

(e)

Conditions. In approving a Preliminary Development Plan, the Town Council may establish such conditions and may require such modifications as shall assure compliance with the Planned Unit Development standards and regulations and further, the Town Council may waive or modify subdivision, site plan or other zoning requirements otherwise applicable to the development when such waiver or conflict is not in conflict with said Planned Unit Development standards and regulations.

(f)

Requests for Additional Information. Prior to, or in addition to, approval of a Preliminary Development Plan, and upon a determination that additional information is necessary for proper review of a Planned Unit Development project, the Town Council may require the submission of additional information by the applicant. The review of such additional information shall follow the procedures applicable to the review of the Preliminary Development Plan.

(g)

Amendments of Preliminary Development Plans. Once a Preliminary Development Plan has been approved, and there is cause for amendment of the same, or any portion thereof, such amendment shall be processed in a like manner as the original submission. However, there shall be no requirement to file an amended rezoning application and Conceptual Development Plan, unless the proposed amendment would so dictate.

(h)

Prescribed Time Limit for Development. The Town Council shall approve a Planned Unit Development application subject to a prescribed time limit of not more than eighteen (18) months for the submission and approval of a Final PUD Plan. If the developer cannot meet this requirement, the developer shall request a public hearing for purposes of demonstrating why the Planned Unit Development should not be terminated. If the developer does not appear before the Town Council to preserve the Planned Unit Development or if the developer fails to demonstrate why an extension should be granted then the Town Council may initiate the rezoning of the property to an appropriate zoning classification pursuant to the procedures outlined in Article XI [Article XII] of the Land Development Code. The prescribed time limit for the submission and approval of the Final PUD Plan may be extended by the Town Council, for good cause if the developer presents evidence within the eighteen month period which demonstrates that the developer has progressed in good faith toward implementing the Preliminary Development Plan.

(i)

Changes in Preliminary Development Plan. If a Final PUD Plan is submitted which includes changes from the approved Preliminary Development Plan, the Building Official or other professional designated by the Town Council shall review the plan to determine the effect of the PUD and consistency with applicable ordinances. The Planning and Zoning Board shall determine whether any changes are of such significance that the Preliminary Development Plan should be re-submitted to the Planning and Zoning Board. In any case of doubt, the revised Preliminary Development Plan shall be re-submitted for approval by the Planning and Zoning Board and the Town Council.

Section 1-4.7. - General procedure for Final PUD Plan review.

Approval of the Preliminary Development Plan by the Town Council shall constitute authority for the applicant to submit a Final PUD Plan prepared in accordance with the approved Preliminary Development Plan and all conditions as may have been required by the Town Council. A Final PUD Plan, including a plat thereof, shall not be considered approved by the Town Council and shall not be recorded in the records of Brevard County until it has been approved in a manner prescribed herein.

Filing Final PUD Plan. No Final PUD Plan shall be filed unless it has been prepared on the basis of a duly approved Preliminary Development Plan. Ten (10) copies of the Final PUD Plan shall be filed with the Town Clerk together with the requisite fee for processing and reviewing the said plan.

Filing Staged Final PUD Plans. A Final PUD Plan may be prepared and submitted for the entire Planned Unit Development at one time, or for the approved development stages on an individual basis.

Time Limit for Submission of Final PUD Plan. The Final PUD Plan for either the entire Planned Unit Development or the first phase(s) thereof shall be submitted within eighteen (18) months of the date of approval of the Preliminary Development Plan or within such extended periods as the Council may authorize.

Fee for Town Review of Final PUD Plan. A minimum fee for filing a Final PUD Plan shall be as resolved by the Town Council from time to time.

Ownership Requirements for Application. The ownership requirements for filing a final PUD Plan shall be the same as for filing the Conceptual Development Plan as herein set forth.

Review Procedures for Final PUD Plan. Each applicant for a Final PUD Plan shall submit said plan for review by Town Officials. The review process shall be carried out pursuant to this Article.

Staff Review. The Town Clerk shall transmit the final PUD plat to the Building Official, Town Planner and Town Engineer and/or such other staff or professional consultants as may be deemed necessary.

As part of the staff review, the Building Official or other designated professional shall review the Final PUD Plan to assure that all public improvements are constructed and in place pursuant to the approved plans and specifications, and that no outstanding indebtedness is due for said improvements. As an alternate surety, the applicant may deposit a certified check, cash, performance bond, or such surety as the Town Council deems adequate to insure total compliance. The bond requirement shall be established based on procedures to be adopted by resolution of the Town Council.

Criteria for Final PUD Plan Review. The Town staff shall report its findings in a written report to the Planning and Zoning Board. The staff report shall evaluate the said plan based on the following criteria:

(a)

Compliance with Preliminary Development Plan. The Final PUD Plan shall incorporate all changes, modifications, and conditions required for approval of the Preliminary Development Plan. The Final PUD Plan may constitute only that portion of an approved Preliminary Development Plan which the applicant proposes to currently record and develop, provided all requirements of this Article are satisfied by such portion standing alone.

If a Final PUD Plan is submitted which includes changes from the approved Preliminary Development Plan, the Building Official or other designated professional shall review the plan to determine the effect of the PUD and consistency with applicable ordinances. The Building Official or other designated professional shall review the Final PUD and file a written report to the Planning and Zoning Board evaluating whether the Final Plan complies with the Preliminary Development Plan and all applicable regulations and laws. The Planning and Zoning Board shall determine whether any changes are of such significance that a revised Preliminary Development Plan should be re-submitted to the Planning and Zoning Board and the Town Council. In any case of doubt, a revised Preliminary Development Plan shall be re-submitted for approval by the Planning and Zoning Board and the Town Council.

(b)

Compliance with Subdivision Ordinance. The Final PUD Plan and plat thereof shall comply with all applicable provisions of the Land Development Code, including Division V [Articles XVI—XVIII], "Subdivision Regulations."

(c)

Compliance with Final PUD Plan Requirements. The Final PUD Plan shall comply with all requirements for form and content of a Final PUD Plan herein stated. This information shall be used to evaluate compliance with the purpose and intent of the PUD district. All permitted and conditional uses shall be allowed only in the location shown on the approved Final PUD Plan.

(d)

Compliance with Other Regulations, Ordinances, and Statutes. The Final PUD Plan shall comply with all other provisions of this Article as well as provisions of this Chapter [Code] which are not in conflict with this Article and shall comply with all other applicable regulations, ordinances, and statutes of the Town, County and State concerning final plats and site plan review.

Review and Action by Town Council. Upon receipt of the written staff evaluation of the Final PUD Plan, the Town Council shall consider said plan. Such consideration shall be predicated on criteria listed in the above paragraph. The Town Council shall approve, approve with conditions or modifications, or deny the Final PUD Plan. The signature of the Town Clerk and Mayor of the Town Council, date of approval and the Seal of the Town Council on the Final PUD Plan shall certify that the Final PUD Plan has been adopted. However, no plan approved with conditions or modifications shall be executed until such conditions or modifications are carried out. The Town Clerk shall provide the applicant with written notice of its action, including reasons for rejection in cases of denial.

Commencement of Development. Following the approval of the Final PUD Plan by the Town Council, the plat of the Final PUD Plan shall be filed by the applicant with the Brevard County Court Clerk. The applicant shall be authorized to apply for other necessary permits to proceed with the construction and development of the Planned Unit Development project.

Failure to Comply with Approved Final PUD Plan. Failure to comply with the requirements of the approved Final PUD Plan and any conditions imposed in its final approval, including time conditions, shall constitute a violation of this Article. Upon finding by the Town Council that the developer has failed to comply with the conditions of any staging plans or prescribed time limits, the approval of the Final PUD Plan shall be automatically terminated. Prior to continuing with the Planned Unit Development, the developer shall reapply to the Town Council for approval to continue. The Town Council may authorize the petitioner to continue under the terms of the Final PUD Plan approval or may require the developer to re-submit the application in conformance with any step outlined in the procedure for Preliminary Development Plan or Final PUD Plan approval. No subsequent plan or re-approval shall effect an increase in the overall project density or change in use as established in the original Conceptual Development Plan approval.

Minor Changes in Approved Final PUD Plan. Minor changes from the approved Final PUD Plan in the location or siting of buildings and structures or in the landscape plan may be authorized by signature of the Chair of the Planning and Zoning Board and the Town Council, if required by engineering or other circumstances not foreseen at the time the Final PUD Plan was approved. A staff or consulting professional shall first review the Final PUD Plan and Plat and provide an appropriate recommendation to the Chair of the Town Council and the Chair of the Planning and Zoning Board. No change authorized by this subsection may cause any of the following:

A change in the use or character of the PUD plan;

An increase in overall coverage of structures;

An increase in the intensity of use, or the density;

An increase in the problems of traffic circulation and public utilities;

A reduction in approved open space;

A reduction in required pavement widths;

A violation of a specific requirement or condition of this Article. Changes, erasures, modifications, additions or revisions shall not be made to a final PUD plat after the Town Council approval has been given, unless the final PUD plat is resubmitted for approval, except as required by law for clarification.

All changes in use, rearrangement of lots and blocks, changes in the provision of common open spaces, and other changes except those listed in the paragraph above, may be allowed at the discretion of the Town Council. Such amendments may be made only if they are shown to be required by changes in conditions that have occurred since the Final PUD Plan was approved, or by changes in adopted community policy. Any changes which are approved in the Final PUD Plan must be recorded as amendments in accordance with the procedure established for the recording of the Final PUD Plan.

Occupancy and Use of Premises. Prior to the use or occupancy of any portion of the Planned Unit Development project, the developer must satisfy all the provisions of the approved Final PUD Plan as stipulated herein, and obtain all necessary permits.

Section 1-4.8. - Conceptual Development Plan: Form and content.

An official application for PUD zoning shall be accompanied by a Conceptual Development Plan which includes as a minimum, the following:

Vicinity Map. A vicinity map drawn to scale which clearly shows the site in relationship to its surroundings. Where the project exceeds 100 acres in area, an aerial photograph made within the last two (2) years at a scale of at least one (1) inch = 500 feet showing all property within 1,000 feet of the project boundaries.

Property Boundaries. A certified survey delineating the location and dimensions of all boundary lines of the development, and of any contiguous lands, including those separated only by a street, canal, or similar feature, in which the developer or property owner presently has any legal interest.

Existing Conditions. The approximate location, nature, and extent of all existing easements, streets, buildings, land uses, historic sites, zoning, tree groupings, wetlands, watercourses, and general U.S. Coast and Geodetic sheet topographic contours on the site, the names of the property owners of record and existing zoning and land uses for all contiguous property; the approximate location and width of all existing or platted streets, drainage ways, utilities, and similar features contiguous to the site.

Development Plan.

Land Use. The total project acreage, approximate location of each land use and proposed intensity, acreage by proposed land use dwelling unit types, general types of non-residential uses, open spaces, recreational facilities, and other proposed uses.

Circulation. Circulation facilities plan showing approximate locations and types of all access points and major streets.

Conceptual Drainage Plan. A conceptual drainage plan approved by the Town Engineer.

Densities. Proposed densities for each dwelling unit type and approximate number of dwelling units by type.

Non-Residential Square Footage. Approximate square footage of all non-residential land uses by general type, e.g., offices, neighborhood commercial, industrial, etc.

Written Material.

Planning Objectives. A statement of planning objectives to be achieved by the PUD through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant.

Development Schedule. A proposed development schedule indicating the approximate starting and completion dates for the entire project and any phases thereof, together with appropriate identification and conceptual description of such phases.

Environmental Impact Statement. A statement explaining the positive and negative environmental impacts of the proposed development on: (a) environmentally fragile lands including wetlands, native habitats, flood plain, and any other significant features; (b) natural vegetation, including general tree removal estimates; (c) impact of proposed grading plan and drainage system improvements; and (d) other significant natural features of site.

Public Facility Impact Statement. A statement identifying the estimated impact of the proposed development on public facilities including: (a) quantity of wastewater generated; (b) quantity of potable water required; (c) description of recreation facilities proposed; (d) estimated number of school age children expected within the development; (e) estimated property tax and/or sales tax revenue generated by the project by phase; and (f) any other positive or negative significant public facility impact.

Additional Information. Any other additional material and information as the Town Staff, Planning and Zoning Board or Town Council may reasonably require.

Section 1-4.9. - Preliminary Development Plan form and content.

A Preliminary Development Plan shall be submitted along with all of the material included in the approved Conceptual Development Plan. No permit for construction of subdivision improvements shall be issued until the preliminary development plan has been duly approved together with the preliminary subdivision plat and a surety has been submitted and accepted by the Town Council pursuant to Section 1-4.10(B)(2). The Preliminary Development Plan shall include the following:

Written Material:

Development Schedule. A development schedule indicating the approximate date when construction of the PUD or stages of the PUD can be expected to begin and be completed.

Quantitative Data:

(a)

Total number of dwelling units by type.

(b)

Total parcel size.

(c)

Proposed lot or building site coverage by buildings and structures.

(d)

Proposed lot or building coverage by impervious surfaces, other than buildings and structures.

(e)

Gross and net residential density.

(f)

Proposed amount of open space.

(g)

Proposed amount of public lands including all dedicated rights-of-way, easements, and other lands dedicated for public facilities and services.

Updated Environmental Impact Statement and Environmental Survey. A statement explaining any additional information that may have been gathered or calculated since the approval of the Conceptual Development Plan concerning any positive or negative environmental impacts that may be associated with the development. This statement shall include all environmental information that may be submitted as part of the Development of Regional Impact (DRI) review process, as applicable. The updated environmental impact statement shall also include an environmental survey showing the existing and proposed site conditions, including contours at two-foot intervals; watercourses; flood plains; unique natural features; areas of environmental concern; historic features; and trees and vegetative cover shown in a tree survey. The environmental survey shall identify trees on the site, drainage, and the various aesthetic characteristics of the subject site and of adjacent areas, and shall identify those portions of the area deemed to be of critical environmental sensitivity. The Planning and Zoning Board may grant a waiver to the tree survey requirement upon recommendation by the Town Engineer. In such case, an aerial photograph denoting the tree canopy at a scale acceptable to the Town Engineer shall be submitted in lieu of the tree survey.

Updated Public Facility Impact Statement. A statement identifying any additional data or information that may have [been] gathered or calculated since the approval of the Conceptual Development Plan, concerning any impacts of the development on public facilities including: (a) quantity of wastewater generated; (b) description of proposed recreational facilities; (c) quantity of potable water required; (d) estimated number of school age children expected within the development; (e) estimated property tax and/or sales tax revenue generated by the project by phase; and (f) any other positive or negative public facility impact. In addition, the statement shall also include all public facilities impact information that may be submitted as part of the Development of Regional Impact (DRI) review process, as applicable.

DRI Information. If any Planned Unit Development qualifies as a Development of Regional Impact (DRI), as defined in Chapter 380, Florida Statutes, such projects shall include all data submitted as part of the required Application for Development Approval (ADA).

If the applicant is within 80 percent of the State's established DRI threshold, or if land ownership patterns in the vicinity of the site indicate DRI potential, the Town shall require that the applicant obtain a binding letter from the State Department of Community Affairs. In such case the Town shall not grant a development order or site plan approval until the applicant has demonstrated through a binding letter that the project is not a DRI.

Additional Information. Any other additional information or material, including a traffic impact analysis, which the Town Staff, Planning and Zoning Board or Town Council may reasonably require.

Graphic Element of Development Plan.

Plat and Site Plan. A preliminary plat and site plan shall be submitted in accordance with the provisions of the subdivision regulations and zoning ordinance as constituted or may be amended. The preliminary plat and site plan shall include maps necessary to show at least the following:

(a)

Proposed name of the PUD, title of map, name of Town, and description of section, township and range.

(b)

Name and address of record owners, applicant, and person preparing preliminary development plan.

(c)

The locations and names of abutting subdivisions and the names of owners of record of adjacent acreage.

(d)

Date, north arrow and graphic scale acceptable to the Town Engineer.

(e)

Legal description and survey of the proposed PUD boundaries made and certified by the Florida registered land surveyor.

(f)

Proposed lot or building site lines with dimensions, setbacks, and landscaped yards. Location and floor area size of all existing and proposed buildings, structures, and other improvements. Designation of all dwelling unit types and number of units. Net residential density calculations. Plans for non-residential uses shall include the square footage allocated to each respective use.

(g)

Any desired changes from the underlying zoning regulations, and the boundaries of underlying zoning districts.

(h)

Location, name and dimensions of all existing and proposed dedicated public lands and the conditions of such dedication.

(i)

The width and location of any street or other public way shown upon the comprehensive plan within the PUD and the proposed width, location and grade of all streets or other public ways proposed by the applicant.

(j)

Location of closest available public water supply system and proposed preliminary design for water service improvements, including proposed level of service, general location of facility improvements, and schematic drawings as required by the Town Engineer. The final construction drawing shall not be required prior to preliminary plan approval, but shall be required prior to commencement of the installation of such improvements.

(k)

Area in square feet of each lot or building site, to be indicated in a rectangle within each lot or building site.

(l)

Typical cross-sections of proposed streets, sidewalks, canals and ditches and other proposed improvements.

(m)

Location of proposed wastewater collection system and proposed preliminary design of wastewater collection improvements, including proposed location of improvements, level of service proposed, and schematic drawings as required by the Town Engineer. Final construction drawings shall not be required prior to Preliminary Development Plan approval, but shall be required prior to commencing the installation of such facilities.

(n)

Location of proposed improvements for collecting and discharging surface drainage and the preliminary design of such facilities, including the proposed level of service, and schematic drawings as required by the Town Engineer. Final construction drawings shall not be required prior to Preliminary Development Plan approval, but shall be submitted prior to commencing the installation of such facilities. The drainage plans shall comply with Article VIII of this Code.

(o)

Location and preliminary design of proposed bridges or culverts which may be required, including the type of facility and general level of service as well as schematic drawings as required by the Town Engineer. Final construction drawings shall not be required prior to Preliminary Development Plan approval, but shall be required prior to commencing the installation of such improvements.

(p)

Proposed locations and preliminary designs for sidewalks, curbs, storm drainage facilities, water mains, sanitary sewers, fire hydrants, and flow facilities.

(q)

Location and width of proposed permanent utility easements. The easements shall provide satisfactory access to existing rights-of-way or other open space shown upon the tentative PUD plat. Permanent drainage easements shall also be shown.

(r)

Where the tentative PUD plat covers only a part of contiguous rear property owned by the applicant, a master phasing plan shall also be required unless the application certifies that the remaining real property shall be developed independently of the proposed PUD plat.

(s)

The proposed treatment of the perimeter of the PUD plat, including material and techniques used, such as landscape, fences and walls for screening and buffering.

General Appearance. Graphic presentation of the general features of proposed structures, excluding single family detached dwellings, including:

(a)

Floor plans and square footage of all multi-family and non-residential buildings or structures.

(b)

Elevations, sections and/or perspectives as necessary to indicate the basic architectural intent, the height of buildings and structures, and the general window and door arrangements.

Dedication or Reservations of Land for Public Use. The location and size, in acres or square feet, of all areas to be conveyed, dedicated or reserved as open spaces, public parks, recreational areas, school sites, and similar public uses.

Vehicular, Pedestrian and Bicycle Circulation and Parking. The existing and proposed circulation system of arterial, collector, and local streets including off-street parking areas, service areas, loading areas, and major points of access to public rights-of-way (including major points of ingress and egress to the development). Notations of proposed ownership—public or private—shall be included where appropriate.

The existing and proposed pedestrian and bicycle circulation system, including its interrelationship with the vehicular circulation system indicating proposed treatments of points of conflict.

Open Space and Landscape Plan. A general landscape and grading plan indicating the proposed modifications in the topography and ground cover together with a plan for design of open space systems and landscaping. The landscape plan shall comply with open space, landscape and tree preservation requirements of this Article and other applicable provisions of this Code.

Information Concerning Adjacent Lands. Information on adjacent areas sufficient to indicate the relations between the proposed development and the adjoining areas, including:

(a)

Land ownership within 500 feet of the exterior boundary of the property. Where lands in the vicinity include substantial acreage under unified control, the applicant may be required to submit land ownership data, including principal officers/owners of corporately owned property.

(b)

Existing land use and designation on the Comprehensive Plan Future Land Use Map.

(c)

Zoning classification.

(d)

Circulation system.

(e)

Density.

(f)

Public facilities.

(g)

Unique natural features.

Additional Information. Any additional graphic information required by the Planning and Zoning Board which is necessary to evaluate the character and impact of the proposed PUD.

Site Plan Review Standards. All of the Site Plan review procedures and development standards cited in the Land Development Code shall apply.

Section 1-4.10. - Final PUD Plan form and content.

A Final PUD Plan shall include all elements of the approved Preliminary Development Plan as described herein including all written documents such as planning objectives, development schedule, quantitative data, environmental impact statement and public facility impact statement, in addition to approved graphic elements of the plan including the necessary maps, plans, surveys and plat. The final PUD plat, along with the Preliminary Development Plan elements as approved by the Town Council, or as subsequently amended pursuant to applicable regulations, shall comprise the elements of the Final PUD Plan.

Required Content and Characteristics. The final PUD plat shall be characterized by and include the following:

Preparation by Professional. Be appropriately prepared and sealed by a land surveyor registered in the State of Florida.

Scale. Be clearly and legibly drawn in India ink on tracing cloth or other acceptable material, to a size twenty-four (24) inches by thirty-six (36) inches, and to a scale of one (1) inch equals one hundred (100) feet, and shall include a north arrow.

Compliance. Comply with all applicable regulations, ordinances and statutes of the Town, County, and State concerning the preparation of plats.

Name. The PUD shall have a title or name acceptable to the Town. If the final PUD plat is an addition to or a revision of a prior recorded final PUD plat, then the title of the PUD plat shall include the name of the prior recorded final PUD plat.

Legal Description. There shall be lettered or printed upon the final PUD plat a complete description of the land embraced in the plat, showing the township and range in which such lands are situated, the section and part of sections platted, and a location sketch showing the plat's location in reference to the closest section corner of [or] quarter-section corner of each section embraced within the plat. The description must be so complete that from it, without reference to the plat, the starting point can be determined and the outlines run. The initial point in the description shall be tied to the nearest government corner or other recorded and well established corner.

If platting of a part of a previously recorded plat is made, the previous lots and blocks to be developed and replatted shall be given. If the plat is a replatting of an entire or part of a previously recorded plat, that fact shall be so stated. Vacation of previously platted lands must be accomplished in the manner provided by law.

Adjacent Subdivision Rights-of-Way, and Easements. The plat shall include the location and names of adjacent subdivisions, including plat book and page number, together with the location and dimensions of all streets, rights-of-way, and easements adjoining or within the plat. The purpose of the easements shall be designated.

Plat Boundaries. All plat boundaries shall be delineated by Municipal, County or section lines, accurately tied to the lines of the PUD plat by distance and bearing.

Bearing and Monuments. The plat shall include accurate location of all monuments together with bearings and dimensions to the nearest established section or quarter-section corner or other recognized permanent monuments which shall be accurately described in the plat.

The center line of all streets shall be shown with distances, angles, arc distance, central angles, tangents, and radii. Control points will be shown on the plat by an appropriate designation and will be placed along the centerline of rights-of-way, preferably at centerline intersection, and other applicable points as may be directed by the Town Council. Permanent control points and permanent reference markers shall be considered improvements and shall be included in the performance bond and approved by the Town.

Plat Delineations. The plat shall include lengths of all arcs together with deltas, degrees of curves, radii, tangent distances, internal angles, points of curvature and tangent bearings.

When lots are located on a curve or when side lot lines are not parallel and are at angles other than ninety (90) degrees, the width of the lot at the front building setback line shall be shown.

10.

Lot and Block Numbers. The numbering of all lots, parcels and blocks shall be shown on the plat. All lots or parcels shall be numbered by progressive numbers individually or in blocks progressively numbered. Blocks in numbered additions bearing the same plat name shall be numbered consecutively throughout the several additions. Excepted parcels shall be marked "not part of this plat."

11.

Dedications. All lots and parcels dedicated for public purposes including parks and recreation areas, and the area in square feet of those lots and parcels shall be shown.

12.

Lot and Parcel Dimensions and Area. The dimensions of all lots and parcels to the nearest hundredth, except where riparian boundaries are involved which may be plus or minus. Whenever lands are subdivided along the Indian River or its tributaries, lot dimensions shall be shown to the approximate mean high water, at date of survey, and as defined in the shore boundaries.

13.

Seal by Land Surveyor. Certification by a State of Florida registered land surveyor to the effect that the PUD plat represents a survey made under his direction and that the survey meets the minimum technical standards established by the State of Florida.

14.

Acknowledgement of Plat Adoption and Dedication. An acknowledgement by the owner (or if a corporation then two (2) authorized officers signature and seal) of the adoption of the plat, and of the dedication of streets and other public areas, and the consent of any mortgage holders to such adoption and dedication. Existing right-of-way beneath a proposed plat shall be vacated in accordance with the laws and ordinances of the Town, County and State prior to approval and acceptance of a final PUD plat by the Town Council.

Additional Certifications for Final PUD Plan Approval. The Final PUD Plan shall be accompanied by the following certifications:

As-Built Plan. The Final PUD Plan shall include an as-built plan of all improvements with a certificate of their respective locations by the applicant's engineer and the developer.

Required Surety and/or Engineers Certification of Improvements. A certificate by the applicant's engineer and verification by the Town Engineer that the applicant has installed all requirement [required] improvements in accordance with the approved plans and Town specifications, and further certifying that no outstanding indebtedness is due for said improvements.

For any improvements not so constructed and installed, the applicant's engineer shall certify that the applicant has posted a sufficient surety in form of a certified check or cash with the Town Clerk, or has posted an alternate surety bond as the Town Council deems adequate, to assure completion of all required improvements. The Town Engineer shall verify such certification by the applicant's engineer.

Certificate of Title or Attorney's Opinion. A current certificate of title from a title company doing business in the State of Florida or an opinion from an attorney authorized to practice law in this state, either of which must demonstrate fee simple title is held by the applicant.

Certification of Payment of Taxes and Assessments. A certification from the Town and County that all taxes and assessments have been paid on the land within the proposed PUD plat.

Verification of Preliminary Development Plan. The Building Official or designated professional shall verify that the Preliminary Development Plan, as duly approved, has been filed as part of the Final PUD Plan and that all conditions of preliminary approval have been incorporated in the Final PUD Plan. The Building Official or designated professional shall also verify that no certificate of occupancy shall be granted in the future until all elements of the plan have been completed, including the landscaping.

Verification of Final PUD Plat. The final PUD plat shall be accompanied by a written statement by the Building Official or designated professional verifying that the final PUD plat includes all the requirements of this Article and all other applicable Town, County, or State ordinances, statutes, or regulations.

The Building Official or designated professional shall check all final plats to verify conformity with the preliminary plat as approved by the Town Council. In case of doubt as to conformance with the Town Council's approval, the Building Official or designated professional shall refer a copy of the final plat to the Planning and Zoning Board for a report on conformity with the Council's action.

Section 1-4.11. - Open space and landscaped areas.

All open space required by this Chapter [Code] shall be either private, reserved for common use, or dedicated to the public. All required open space shall be reserved as such through appropriate deed restrictions which cannot be removed without the consent of the Town Council.

Private open space shall be owned in fee simple title as part of a lot or parcel in private ownership. The use of private open space shall be reserved and limited through appropriate deed restrictions. The deed restriction shall require the property owner to maintain the private open space in perpetuity.

All open space reserved for common use shall ultimately be owned in fee simple by an organization of property owners within the PUD plat. The organization shall be established by the applicant, and all organizational documents, including, but not limited to, article of incorporation, bylaws and restrictive deed covenants, shall be submitted to the Town Attorney for approval prior to recording in the public records of the County and filing with the Secretary of State. The organization shall be responsible for the maintenance of all common open spaces. The organization shall be empowered to assess reasonable maintenance fees upon the owners of real property within the PUD plat for the maintenance of the common open space.

All open space reserved for common use shall be conveyed to the organization prior to or at the time when two-thirds (⅔) of all the dwelling units of the PUD plat under development have been sold. Conveyance shall be by a general warranty deed in fee simple absolute, acceptable to the Town Attorney. The deed shall include a deed restriction providing for the perpetual maintenance of the common open space by the organization.

The organization may offer to convey the common open space to the Town at no cost. If the Town accepts the offer, then the conveyance shall be of general warranty deed in fee simple absolute, acceptable to the Town Attorney. Upon acceptance, the open space shall be available for use by the general public. The Town shall not accept a conveyance of common open space unless arrangements acceptable to it are made for the continued maintenance of the open space, which arrangements may include maintenance by the Town.

Open space dedicated to the public shall be open to the general public.

All landscaped yards shall be owned in fee simple as part of an approved lot or parcel and the landscaped yards shall be reserved and limited through appropriate deed restriction. The deed restrictions shall require the property owner to maintain the landscaping in perpetuity.

Section 1-4.12. - Enforcement and penalties.

In the event of a non-compliance with this Article, the Town Council or a designated representative of the Town Council shall have the authority to suspend construction activity and revoke any building permit used under this Article, and to take all actions necessary to halt construction until such time as the provisions herein are complied with. In the event legal action is necessary, and costs are incurred by the Town in forcing compliance, these expenses shall be borne by the developer or parties violating the terms of this Article.

Section 1-4.13. - Savings clause.

If any section, part of a section, paragraph, sentence, clause, phrase or word of this Article is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this Article without such constitutional [unconstitutional], invalid, or inoperative part therein; and the remainder of this Article, after the exclusion of such part of parts, shall be deemed to be held valid as if such part or parts had not been included therein; or, if this Article or any of the provisions thereof shall be held inapplicable to any person, groups of persons, property, kind of property, circumstances, or set of circumstances, such holding shall not affect the applicability hereof to any other person, property or circumstances.

Malabar City Zoning Code

ARTICLE IV

PLANNED UNIT DEVELOPMENT DISTRICT REGULATIONS

Section 1-4.1.- General regulations for all planned unit development.

The following regulations shall be applicable to all planned unit development:

Achieve high standards in the quality of urban design amenities within residential and non-residential developments;

Promote efficient use of land by facilitating more cost effective and environmentally sensitive site planning;

Stimulate opportunities for varied housing types;

Conserve and protect the natural environment including wetlands, natural habitat, drainage corridor, flood prone lands, and other environmentally sensitive lands; and

Minimum Size. A planned unit development (PUD) shall have a minimum of twenty-five (25) acres under unified control as defined above in Subsection 1-4.1(B).

Conformance with Comprehensive Plan and Zoning Code. Each PUD submitted shall conform to all provisions of the Comprehensive Plan and all applicable provisions of this Code.

Perimeter Transition Setback for Residential Planned Unit Development.

(a)

No building shall be constructed within one hundred (100) feet of a perimeter property line which abuts a major thoroughfare including:

•

Malabar Road (SR 514).

•

Babcock Street (SR 502).

•

US 1 Highway.

•

Weber Street.

•

Corey Road.

(b)

Along a perimeter boundary of a PUD(R), a minimum building setback of one hundred (100) feet shall be required in cases where the subject PUD(R) development:

(i)

Incorporates smaller lot sizes or varied structure types relative to adjacent residentially zoned property; or

(ii)

Abuts a nonresidentially zoned property.

The Town Council may modify the one hundred (100) feet setback requirement if the PUD(R) includes along the interior of the perimeter boundary:

(i)

Lot sizes equal to or greater than minimum lot sizes permitted on abutting residential zoned lands;

(ii)

Structure types compatible and consistent with structure types permitted on adjacent lands; and/or

(iii)

Incorporates a Type "A" opaque screen and buffer as defined in subsection 1-4.1(G) that clearly mitigates any potential adverse impacts.

Perimeter Transition Setback for Commercial or Industrial Planned Unit Developments.

(a)

No building or storage area shall be constructed within two hundred (200) feet of a perimeter property line which abuts property zoned for residential development.

(b)

Screening and Buffer Yard Requirements.

Description of Screening Types. Three (3) basic types of screening are hereby established: Type "A," Opaque Screen; Type "B," Semi-Opaque Screen; and Type "C," Intermittent Screen.

(a)

(b)

(c)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

Maintenance. The owners or their agents shall be responsible for providing, protecting and maintaining all landscaping in a healthy and growing condition.

Safe and convenient internal vehicular circulation, including access and sufficient area for effective delivery of emergency services such as fire protection;

Buildings with safe entry and exit from the front and the rear of respective buildings; and

Convenient, well-landscaped, and designed pedestrian ways and open space systems.

Section 1-4.2. - PUD(R) Residential Planned Unit Development.

This section provides specific regulations governing the development of planned unit developments (PUD) in areas designated for residential development on the Comprehensive Land Use Plan Map.

If the Comprehensive Plan Future Land Use Map Designation is:	Then the permitted and conditional land uses are the same as for the following district (1):
LDR	RS-21
MDR	RM-4 RS-10 RS-15
HDR	RM-6
MRO	RM-6 OI

(1) Less intensive residential zoning districts than cited above are permitted by right within the respective comprehensive plan designations.

Size and Dimension Regulations.

Maximum Density. The Comprehensive Plan land use designation shall govern the maximum density permitted. No credit shall be given for land used for nonresidential purposes in calculating density.

Open Space. A minimum of fifty percent (50%) of the site shall be preserved as permeable green open space.

Frontage and Accessibility. Every dwelling unit or other use permitted in the PUD(R) shall have access to a paved public street either directly or via an approved roadway.

Height. The height of structures shall not exceed thirty-five (35) feet.

10.

11.

Section 1-4.3. - PUD(C) Commercial Planned Unit Development.

Location. A commercial PUD shall have frontage on one of the following arterial roadways:

•

US 1 Highway.

•

Malabar Road (SR 514).

•

Babcock Street (SR 502).

If the Comprehensive Plan Future Land Use Map Designation is:	Then the permitted and conditional land uses are the same as for the following district:
OI	OI
CL	CL
CG	CG