A planned unit development is land under unified control, planned and developed as a whole in a single development operation or an approved programmed series of development operations for dwelling units and related uses and facilities. It may include principal and accessory uses and structures substantially related to the character of the development itself and the surrounding area of which it is a part.

(Ord. No. 83-2-497, art. 13, § 2, 2-24-83)

Cross reference— Definitions generally, § 1-2.

The primary purpose of the planned unit development (PUD) district is to permit land under unified control to be planned and developed as a whole, as a single operation or an approved series of operations, with a greater amount of flexibility by removing some of the detailed restrictions of conventional zoning. Planned unit developments are recognized as serving the public interest and are encouraged for the following reasons:

(1)

Allow diversification of uses, structures, and open spaces when not in conflict with existing and permitted land uses on abutting properties;

(2)

Reduce improvement costs through a more effective use of land and a smaller network of utilities and streets than is possible through application of standards contained in conventional land development regulations;

(3)

Conserve the natural amenities of the land by encouraging the preservation and improvement of scenic and functional space;

(4)

Provide maximum opportunity for application of innovative site planning concepts to the creation of aesthetically pleasing environments for living on properties of adequate size, shape and location;

(5)

Ensure that development will occur according to limitations of land use, site design, population density, building coverage, improvement standards, and construction phasing authorized through the approval of a master development plan;

(6)

Ensure that development will occur within the guidelines and intent of the city comprehensive plan. Planned unit developments are equally adaptable to new development, redevelopment, and conservation of land, water, and other city resources. It is the intent of these regulations for planned unit developments to accomplish not only unified planning, but also, to the extent not inconsistent with the intent and objectives of this chapter, the purpose of zoning and other applicable city regulations to the same degree that they are intended to control development on a lot-by-lot basis; and

(7)

Based upon the substantial public advantages of a planned unit development, it is the intent of the planned unit development regulations to promote and encourage development in this form where tracts are suitable in size, location and character for the uses and structures proposed to be planned and developed as unified and coordinated communities.

(Ord. No. 83-2-497, art. 13, § 1, 2-24-83)

All land included for the purpose of development within a planned unit development district shall be under the control of the applicant, an individual, partnership or corporation, or group of individuals, partnership or corporations. The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed planned unit development. The applicant shall agree in the application for rezoning to the following:

(1)

To proceed with the proposed development according to the provisions of these regulations and conditions attached to the rezoning of the land to planned unit development.

(2)

To provide agreements, contracts, covenants, deed restrictions, and sureties acceptable to the city for completion of the development according to the plans approved at the time of rezoning to planned unit development and for continuing operation and maintenance of such areas, functions and facilities which are not proposed to be provided, operated or maintained at public expense.

(3)

To bind their successors in title to any commitments made under the above. All agreements and evidence of unified control shall be examined by the zoning and planning board, and no rezoning of land to planned unit development classification shall be adopted without a certification by the engineering department and the city attorney that such agreements and evidence on unified control meet the requirements of these regulations.

(4)

If the developer elects to administer common open space through an association or nonprofit corporation, said organization shall conform to the applicable laws of the state.

(Ord. No. 83-2-497, art. 13, § 3, 2-24-83)

The uses permitted in a planned unit development shall be consistent with the permitted uses in residential areas in the city land use element as further restricted in this article. Requirements for business uses in a planned unit development are:

(1)

No more than five percent of the total land area may be used for business uses.

(2)

The business uses in a planned unit development are restricted to the uses permitted in the city's B-1 zoning district.

(3)

Commercial uses located in a planned unit development are intended to meet the neighborhood shopping and service needs of the planned unit development and not the general needs of a surrounding area. Such uses shall be grouped in convenience centers designed as integral, harmonious parts of the planned unit development, appropriately buffered and screened from residential uses, whether within or without the planned unit development, to protect them from unsightliness, noise, odors, and other characteristics incompatible with residential uses. A convenience center should rarely exceed five acres in size, including buffering, building and parking. It should be pedestrian-oriented and accessible to walkways and bicycle paths. The center should consist of neighborhood shopping and personal services consistent with the daily needs of the planned unit development. All commercial uses located in the convenience center shall be internally oriented and should be designed so that no store fronts, store signs, or advertisements are visible from residential areas and that all commercial activities, storage of merchandise, equipment and materials, including trash and waste, are within an enclosed building, except for live plants that are accessory to a nursery or garden supply facility.

(4)

Signs for commercial use in a planned unit development shall meet the requirements of chapter 94 of this Code.

(Ord. No. 83-2-497, art. 13, § 4, 2-24-83)

(a)

Minimum size. There shall be no minimum size required for a planned unit development. The city reserves the right to reject any proposed planned unit development if it is not of sufficient size in the city's judgement to satisfy the intent of the planned unit development district by establishing a unifying theme throughout the entirety of the area of the PUD. The city shall not approve any proposed planned unit development if it is apparent that the intent is to seek relief from the standards contained elsewhere in this chapter.

(b)

Maximum density. The maximum density permitted in a planned unit development shall be as follows:

(1)

The total number of dwelling units permitted in a planned unit development shall not exceed the total number of units permitted by the city land use element.

(2)

The ordinance adopting the specific rezoning for a given planned unit development in question shall so specify the allowable number of units permitted in that particular planned unit development.

(c)

Minimum lot area, distance between structures, frontage, and setbacks:

(1)

No minimum lot size shall be required within a planned unit development.

(2)

No minimum distance between structures shall be required within a planned unit development. The appropriate distance between structures shall be evaluated on an individual development basis, after considering the type and character of the current structure types within a development by the governing body upon recommendation of the zoning and planning board.

(3)

Each dwelling unit and other permitted use shall have access to a public street either directly or indirectly via an approach, private road, pedestrian way, court, or other area dedicated to public or private use of common easement guaranteeing access. Permitted uses are not required to front on a dedicated road. The city shall be allowed access on privately owned roads, easements and common open space to ensure the police and fire protection of the area, to meet emergency needs, to conduct city services, and to generally ensure the health and safety of the residents of the planned unit development.

(4)

There are no required setbacks or yards except the following:

a.

There shall be a setback or yard of not less than 25 feet in depth abutting all public road rights-of-way, except that there shall be a setback or yard of not less than 50 feet in depth abutting a trafficway as depicted on the county trafficways plan, as amended from time to time, within or abutting a planned unit development district.

b.

There shall be a peripheral setback from boundary lines of the planned unit development of not less than 25 feet in depth. Except for accessways, no more than ten feet of this peripheral setback may be used for parking or other vehicular use area. The remaining 15 feet shall consist of a minimum three-foot-high landscaped berm containing a minimum of one tree per 40 lineal feet.

(d)

Maximum length of structures. No maximum length of structures shall be required within a planned unit development district.

(e)

Maximum height of structures. The governing body upon recommendation of the planning and zoning board and development review committee shall determine the appropriate height limitations on an individual development basis after considering the character of the surrounding area, the character of the proposed development, and the goals for community development as stated in the city comprehensive development plan.

(f)

Minimum floor area requirements. The minimum floor area per dwelling unit shall be as follows:

(g)

Building site coverage. The combined ground area occupied by all principal and accessory buildings shall not exceed the following:

Where buildings of different height are to be constructed on the same building site, the combined ground area occupied by all principal and accessory buildings shall not exceed the weighted average of the applicable building site coverages indicated in subsection (g) of this section.

(h)

Off-street parking and loading requirements. Off-street parking and loading requirements shall meet all the requirements of article VI of this chapter.

(i)

Landscaping. Landscaping requirements in a planned unit development are as follows:

(1)

All landscaping shall meet the requirements of chapter 102, article II. The landscaping requirements within a PUD shall be determined by utilizing the requirements in the landscape code for the zoning categories which most closely resemble the type of structures to be developed within the PUD. This determination shall be made by the planning and zoning board, development review committee and the governing body. The governing body, upon a recommendation from the development review committee and planning and zoning board may require that additional landscaping be provided in unique situations.

(2)

Landscaping should be related to the general landscaping for the planned unit development, practical and aesthetically functional. Plant material should be used to accomplish the design objectives of the planned unit development, defining and intensifying spaces and routes of movement and identifying space, should be native to South Florida, and should be functionally appropriate for shade, shelter, height and mass, texture, color and form. Major areas should have distinctive planting schemes using unique type trees, ground cover and paving to give identity to these areas.

(j)

Underground utilities. Within the planned unit development, all utilities including telephone, television cable, and electrical systems shall be installed underground. Primary facilities providing service to the site may be exempted from this requirement. Large transformers shall be placed on the ground and contained within pad mounts, enclosures or vaults. The developer shall provide adequate landscaping with shrubs and plants to screen all utility facilities permitted aboveground.

(k)

Open space requirements. A planned unit development shall provide and maintain open space at least equal to 35 percent of the gross area of the planned unit development except that lakes, lagoons, or other waterways shall not count for more than 25 percent of the open space requirement. In calculating open space, land areas for structures, public and private street rights-of-way, driveways, off-street parking and loading zones, alleys, fire protection, vehicular access and side yards between single-family residential buildings shall not be included. The governing body may, after considering the unique characteristics of a development, allow additional credit for lakes, lagoons or other waterways, such credit not to exceed 40 percent of the required open space.

(l)

Internal circulation. An internal pedestrian and bicycle circulation system shall be provided within the planned unit development separate from vehicular circulation systems and at a distance sufficient to ensure safety. Such pedestrian and bicycle ways shall be surfaced with a durable and dustless material. The city may waive this requirement or a portion of this requirement upon a demonstration that pedestrian and/or bicycle paths are infeasible or undesirable in the proposed development.

(m)

Energy conservation. A planned unit development shall incorporate passive energy conservation in its site design. Such measures shall include, but need not be limited to, the directional orientation of buildings, the location of windows, minimization of radiant heat absorption and the inclusion of energy-efficient landscaping.

(n)

Professional services required. Any plans submitted as a part of a petition for a planned unit development shall certify that the services of competent professionals were utilized in the designing or planning process and shall state their names and businesses and addresses. Plans submitted as part of a petition for a planned unit development must be prepared by either a planner, who by reason of his education and experience is qualified to become or is a full member of the American Institute of Certified Planners; or an architect licensed by the state; together with a professional engineer registered by the state and trained in the field of civil engineering; and/or a land surveyor registered by the state.

(Ord. No. 83-2-497, art. 13, § 5, 2-24-83; Ord. No. 91-11-800, § 3(Exh. A), 11-14-91)

(a)

A master plan meeting the requirements of this section shall be required of developments requesting rezoning to planned unit development.

(b)

The planned unit development approval procedure is as follows:

(1)

The developer shall submit 12 copies of the proposed master plan along with the application for rezoning to PUD to the city clerk.

(2)

The city clerk is hereby authorized and directed to charge a fee as established by ordinance to any person who shall make application to the city for rezoning to PUD. Such fee shall be in any form acceptable to the city clerk and shall be payable to the city and shall cover the costs and expenses of processing and consideration of PUD proposals.

(3)

An application for rezoning to PUD shall be reviewed by the development review committee at its next regularly scheduled meeting which is to be held at least 14 days after submission of the application for rezoning to PUD and all necessary accompanying data.

(4)

The chairman of the development review committee shall prepare a report of the recommendations of the committee and submit it to the planning and zoning board within 14 days subsequent to the meeting at which the proposed development was discussed.

(5)

The master plan for the proposed development shall be placed on the agenda for the next regularly scheduled meeting of the planning and zoning board which is to be held at least 14 days after the receipt of report from the development review committee.

(6)

After review of the planning and zoning board, the proposed master plan and application for rezoning to PUD, the development review committee report and the recommendations of the planning and zoning board will be submitted to the governing body for consideration.

(7)

The governing body shall consider the ordinance for rezoning to PUD as required by this chapter.

(8)

A master plan shall include the following information:

a.

Delineation of the geographical area covered by the entire development.

b.

General schematic representation of the land uses included within the development.

c.

Approximate delineation of internal circulation, with hierarchical classification of streets.

d.

Points of connection of the local streets to the trafficways, including general indication of the necessary improvements to the trafficway to accommodate the local trips generated by the development.

e.

General location and size of any community facility included within the development such as parks, schools, fire stations, community centers, etc.

f.

Indication of existing native vegetation and any other natural features within the development.

g.

Schematic depiction of surface water management elements, including retention facilities, drainage easement and swales.

h.

Table of computation of land use distribution showing proposed uses, acreage, and number of units and density in the case of residential uses.

i.

Schematic depiction of the water and wastewater treatment facilities and/or source of public water and wastewater disposal facilities. General distribution and collection plans within the development including easements for utility pipelines.

(Ord. No. 83-2-497, art. 13, § 6, 2-24-83)

(a)

After rezoning to planned unit development district, no permits shall be issued by the city, and no development shall commence unless in conformance with the approved master plan, unless a change or deviation is approved.

(b)

The city engineer upon approval from the city manager may approve minor changes and deviations from the approved master plan which are in compliance with the provisions and intent of this article and which do not depart from the principal concept of the approved master development plan. All other requested changes and deviations shall be referred to the governing body.

(c)

The governing body may at the request of the owner, without requiring a new application, authorize changes to approved master plans that pertain to location, types and configuration of buildings, landscaping, and similar changes when the full character and intent of the approved master plan is not violated.

(d)

The governing body may determine that requested changes and deviations from an approved master plan constitute a substantial alteration to the character of the development and thus require that the requested changes be subject to the same procedures as required for new applications.

(Ord. No. 83-2-497, art. 13, § 7, 2-24-83)

Approval of a rezoning to a planned unit development shall be effective for a period of 18 months. Unless construction of some phase of the proposed approved project is commenced on or before the last day of the 18th month following the date of approval, then such approval shall expire. Approval of a PUD shall remain effective while development activity continues on the project.

(Ord. No. 83-2-497, art. 13, § 8, 2-24-83)