(A)

The purpose of planned unit development regulations is to encourage flexibility in the design and development of land in order to promote its most appropriate use; to facilitate the adequate and economical provision of streets, utilities and public spaces; and to preserve the natural and scenic qualities of open areas.

(B)

The procedure is intended to permit diversification in the location of structures and improve circulation facilities and other site qualities while ensuring adequate standards relating to public health, safety, morals and general welfare both in the use and occupancy of buildings and facilities in planned groups.

('81 Code, § 7.10) (Ord. 97, passed 4-26-76; Am. Ord. 212, passed 2-25-03)

Planned unit developments shall be subject to the approval of the Town Commission after a public hearing. When a special exceptions use, planned unit developments shall specifically comply with the requirements of Section 151.568 and other applicable Sections of this chapter. When a permitted use, planned unit developments shall not include any uses other than the remaining uses permitted in the zoning District in which the planned unit development is located.

('81 Code, § 7.20) (Ord. 97, passed 4-26-76; Am. Ord. 212, passed 2-25-03)

(A)

Tentative approval. In order to provide an expeditious method for processing a plan for a planned unit development, it is hereby declared to be in the public interest that all matters and procedures with respect to the approval or disapproval of a plan for a planned unit development, and the continuing administration thereof, shall be consistent with the following provisions:

(1)

An application for a tentative approval of the plan for a planned unit development shall be filed by or on behalf of the landowner with the Building Official at least thirty (30) days prior to the Town Commission meeting at which such request is proposed to be considered.

(2)

The following information shall be submitted with the application:

(a)

The location and size of the site and the nature of the landowner's interest in the land proposed to be developed.

(b)

The density of land use to be allocated to parts of the site to be developed.

(c)

The location and size of any common open space and the form or organization proposed to own and maintain any common open space.

(d)

The use and approximate height, bulk and location of buildings and other structures.

(e)

The feasibility of proposals for the disposition of sanitary waste and storm water and for essential services and utilities.

(f)

The substance of covenants, grants of easements or other restrictions proposed to be imposed upon the use of the lot and structures including proposed easements or grants for utilities.

(g)

The provision for access and parking/storage of vehicles and the location and width of proposed streets, alleys and public ways.

(h)

In the case of plans which call for development over a period of years, a schedule showing the proposed times within which applica-tion for final approval of all Sections of the planned unit development are intended to be filed.

(i)

If the PUD does not comply with the Comprehensive Land Use Plan and applicant is seeking to have the Plan changed, that information to be submitted with the application.

(j)

The applicant shall submit information with the application which specifies the extent to which the PUD departs from the zoning regulations.

(3)

The application for tentative approval of a planned unit development shall include a written statement by the landowner or any other entity having a cognizable interest in the lands setting forth the reasons why, in his or her opinion, a planned unit development would be in the public interest and would be consistent with the Town's statement of purposes on planned unit development and the Town's comprehensive development plan.

(B)

Public hearings. A public hearing on the planned unit development (PUD) application or an amendment to a previously approved PUD shall be held by the Town Commission, public notice of which hearing shall be sent by facsimile, electronic mail (e-mail), hand delivery or regular or bulk mail to all Town residents at least ten (10) days prior to the hearing. A record and minutes of the hearing shall be caused to be made by the Town Commission.

(C)

Findings.

(1)

The Town Commission shall, immediately following the conclusion of the public hearing, either grant tentative approval of the plan as submitted, grant tentative approval subject to specified conditions not included in the plan as submitted, deny tentative approval to the plan or postpone same to a time certain.

(2)

In the event tentative approval is granted, either of the plan as submitted or of the plan with conditions, the Town Commission shall specify the drawings, specifications and form of performance bond that shall accompany an application for final approval.

(3)

Tentative approval of a plan shall not qualify a plat of the planned unit development for recording or authorize development or issuance of any building permits. A plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions, shall not be modified, revoked or otherwise impaired by action of the Town pending an application or applications for final approval, without the consent of the landowner.

(4)

In the event that a plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon all or part of the plan and shall so notify the Town Commission in writing and the PUD shall be withdrawn. In the event the landowner shall fail to file application or applications for final approval within sixty (60) days of the tentative approval, such application shall be deemed to be null and void.

(D)

Application for final approval.

(1)

An application for final approval may be for all the land included in a plan or, to the extent set forth in the tentative approval, for a section thereof. The application shall be made to the Building Official. The application shall include such drawings, specifications, covenants, easements, conditions, and form of performance bond as were required by the Town Commission at the time of tentative approval. A public hearing on an application for final approval of the plan, or part thereof, shall not be required, provided the plan, or the part thereof submitted for final approval, is in compliance with the plan theretofore given tentative approval. When the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by the tentative approval, the Town Commission shall, within forty-five (45) days of such filing, place the item on the Commission agenda for action on the application. An order shall be issued by the Town within ten working days of the action taken. Such order may contain conditions of approval as deemed necessary to ensure the orderly development of the project.

(2)

A plan or any part thereof which has been given final approval by the Town Commission shall be so certified without delay to the Town Clerk and a record plat may be filed of record forthwith in the office of the County Clerk in accordance with F.S. ch. 177 before any development shall take place in accordance therewith. Upon the filing of record of the plan, all other ordinances and subdivision regulations otherwise applicable to the land included in the plan shall cease to apply thereto. Pending completion of the planned unit development within five years, or of that part thereof which has been finally approved, as the case may be, no modification of the provisions of the plan, or part thereof, as finally approved, shall be made nor shall it be impaired by act of the Town, except with the consent of the landowner.

(3)

In the event that a plan, or a section thereof, is given final approval and thereafter the landowner shall abandon the plan or the section thereof that has been finally approved, the landowner shall so notify the Town Commission in writing; or, in the event the landowner shall fail to commence the planned unit development within eighteen (18) months, such final approval shall terminate and be deemed null and void unless such time period is extended by the Town Commission upon written request of the landowner showing therein good cause why the final approval should not terminate and be deemed null and void and why the planned unit development is still in the best interest of the public health, safety, morals and general welfare.

('81 Code, § 7.30) (Ord. 97, passed 4-26-76; Am. Ord. 131, passed 4-19-83; Am. Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03; Am. Ord. 237, passed 12-13-04; Am. Ord. 263, passed 6-27-06)

Cross reference— Penalty, see Section 151.681

(A)

Generally. A planned unit development (PUD) shall expressly conform to the height regulations of the District in which the PUD is situated and shall otherwise seek to conform to all other applicable Sections of this chapter which are not inconsistent with the purpose of PUD's, except as otherwise expressly provided in a final PUD approval. PUD's shall not be inconsistent with architecture, design, density, size and bulk of structures and open space within the District in which any PUD is proposed; rather, PUD shall protect existing development and shall be compatible with its surroundings.

(B)

Minimum area. The minimum area required for a PUD is no less than three (3) contiguous acres under one unity of title. The acreage computation shall exclude all existing streets, street rights-of-way, alleys and record easements.

(C)

Lot coverage. In no event shall the lot coverage of all buildings or structures located within a PUD site exceed thirty-five (35) percent of the gross area included within such PUD site; provided, however, such lot coverage shall not include fully covered and concealed cellars. No less than fifteen (15) percent of each PUD site area in any District shall be developed as common open space; vehicle access facilities and parking areas shall not be considered in calculating such common open space. The common open space minimum site area requirement may be satisfied in conjunction with the requirements of subsection 151.460(B)(4) through the PUD approval process.

(D)

Cluster development. In order to promote the health and general welfare of the community and to preserve and make available open space, the Town Commission may grant a developer the right to vary the net residential density within a tract to be developed, leaving a substantial and open area, landscaped and free of development. The right to vary the net density shall be subject to the following conditions:

(1)

An overall plan of the entire tract showing lots, lot lines, lot areas, easements, encumbrances and other relevant data shall be submitted.

(2)

The average lot size may be reduced by twenty (20) percent with no lot reduced by more than twenty-five (25) percent. The uses in the proposed subdivision shall be grouped in clusters.

(3)

Minimum yard requirements in a cluster development shall be:

(a)

Front yard, twenty-five (25) feet.

(b)

Side yard, ten (10) feet except that garages upon an adjacent lot may join at the property line or be grouped on land away from the individual lot.

(c)

Rear yard, twenty-five (25) feet.

(4)

The balance of the land not contained in the lots or within streets shall be contiguous and of such condition, size and shape as to be usable for recreation. Such lands shall be held in corporate ownership by the owners of lots within the development and there shall incorporate into the deeds of such lands a clause giving to the owners an interest in such open land which shall be used for recreational purposes only. No structures except those incident to the recreational use shall be permitted thereon.

('81 Code, § 7.40) (Ord. 97, passed 4-26-76; Am. Ord. 131, passed 4-19-83; Am. Ord. 136, passed 5-22-84; Am. Ord. 142, passed 4-28-86; Am. Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03; Am. Ord. 294, passed 8-4-10)

Cross reference— Penalty, see Section 151.681

The Town Commission shall approve the planned unit development only if it finds that the planned unit development satisfies all of the following standards.

(A)

General standards.

(1)

The planned unit development shall be consistent with the regulations governing planned unit developments as set forth within Section 151.618.

(2)

The planned unit development plan shall be consistent with the Town comprehensive development plan.

(3)

The planned unit development shall provide for an effective and unified treatment of the development possibilities on the project site making appropriate provision for the preservation of scenic features and amenities of the site and the surrounding areas.

(4)

The planned unit development shall be planned and developed to harmonize with any existing or proposed development in the area surrounding the project site.

(B)

Design standards.

(1)

All buildings in the layout and design shall be an integral part of the development and have convenient access to and from adjacent uses and blocks.

(2)

Individual buildings shall be related to each other in design, bulk, materials, placement and connections to provide a visually and physically integrated development.

(3)

Treatment of the sides and rear of all buildings within the planned unit development group shall be comparable in amenity and appearance to the treatment given to street frontage of these same buildings.

(4)

The design of buildings and the parking facilities shall take advantage of the natural features, topography of the project site, where appropriate.

(5)

All building walls shall be so oriented as to ensure adequate light and air exposures to the room within.

(6)

All buildings shall be arranged so as to avoid undue exposure to concentrated loading or parking facilities wherever possible and shall be so oriented as to provide visual and audible privacy between adjacent buildings.

(7)

All buildings shall be arranged so as to be accessible to emergency vehicles.

(C)

Landscape design standards.

(1)

Landscape treatment for plazas, streets, paths, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire project area.

(2)

Primary landscape treatment shall consist of shrubs, ground cover and shade trees, and shall combine with appropriate walks and street surfaces to provide an attractive development pattern. Landscape materials selected should be appropriate to local growing conditions.

(3)

Whenever appropriate, existing trees shall be conserved and integrated into the landscape design plan.

(4)

All streets bordering the project areas shall be planted at appropriate intervals with shade trees.

(D)

Circulation system design standards.

(1)

There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, streets; access roads, driveways, off-street parking and loading space.

(2)

Streets, access roads, driveways, pedestrian walks and open space shall be designed as integral parts of an overall site design. They shall be properly related to existing and proposed buildings and appropriately landscaped.

(3)

Buildings and vehicular circulation with open spaces shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.

(4)

Landscaped, paved and comfortably graded pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas and adjacent buildings.

(5)

Materials and design of paving, lighting fixtures, retaining walls, fences, curbs, benches, and the like, shall be of good appearance, easily maintained and indicative of their function.

(E)

Parking and loading design standards.

(1)

Parking facilities shall be landscaped and screened from public view to the extent necessary to eliminate unsightliness and monotony of parked cars.

(2)

Pedestrian connections between areas and buildings shall be via special pedestrian walkways and/or elevators.

(3)

Parking facilities shall be designed with careful regard to orderly arrangement, landscaping, ease of access, and shall be developed as an integral part of an overall site design.

(4)

Any above grade loading facility should be screened from public view to the extent necessary to eliminate unsightliness.

(5)

Parking and loading facilities shall be provided in accordance with other Sections of this chapter.

('81 Code, § 7.50) (Ord. 97, passed 4-26-76; Am. Ord. 148, passed 5-26-87; Am. Ord. 151, passed 5-10-88; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681