5.9.1.1. Intent and purpose of district.

The planned unit development (PUD) district is established to provide for well-planned and orderly mixed-use development. Further, PUD's are intended:

1.

To promote flexibility in design and permit planned diversification in the location of structures;

2.

To promote the efficient use of land to facilitate a more economic arrangement of buildings, circulation systems, land use, and utilities;

3.

To preserve to the greatest extent possible the existing landscape features and amenities and to utilize such features in a harmonious fashion;

4.

To provide for more usable and suitably located recreation facilities and other public and common facilities than would otherwise be provided under conventional land development procedures;

5.

To combine and coordinate architectural styles, building forms and building relationships within the planned development;

6.

To insure a quality of construction commensurate with other developments within the city;

7.

To lessen the burden of traffic conflict on streets and highways; and

8.

To provide for a balanced land use mixture.

5.9.1.2. Relation of planned unit development district regulations to the comprehensive plan, the Land Development Code, or other applicable regulations.

The provisions which follow shall apply generally to the creation and regulation of all planned unit development districts. Within the provisions of this section five types of planned unit development districts may be established: residential planned development (RPD) districts; commercial planned development (CPD) districts; industrial planned development (IPD) districts; mixed use planned development districts (MUPD) and PUD overlay district (PUD overlay). RPD presumes that the character, intent and design of the development is predominantly residential in nature; CPD and MUPD presume that the character, intent and design of the development is predominantly commercial in nature; and IPD presumes that the character, intent and design of the development is predominantly industrial. The PUD overlay is applied to residential developments without a minimum lot or land area requirement, yet maintains the base zoning.

The development of land uses within a PUD shall be consistent with the land uses as established in the future land use map element of the city's comprehensive plan. Residential densities, where proposed, shall not exceed the densities as established in the plan. Commercial and industrial land usage and intensity shall be consistent with the plan, the specific regulations as set forth in this section, and the general requirements of this Code.

Where there are conflicts between these special PUD provisions and other applicable regulations in this Code, these special regulations shall apply. The standards as contained herein, and the guidelines and standards set forth this section and to the RPD, CPD, IPD, MUPD and PUD overlay districts, as established, shall apply to the creation and regulation of said districts. Where no standard is designated herein for a particular element of a PUD the regulations as set forth in this Code shall apply as to such element. In a unique situation where no standard is specified either in this section or this Code, the city council shall determine the appropriate standard.

5.9.1.3. General regulations and requirements.

5.9.1.3.1. Professional services required.

All applications for rezoning and development approval in each of the planned unit development districts shall consist of a master development plan of the complete development, any phases therein, and shall be prepared by a professional in the planning process to include, but not be limited to, one or more of the following professionals as listed below and shall state their names, their business, address, and telephone numbers.

1.

An urban planner who possesses the education and experience to qualify for full membership in the American Institute of Certified Planners; or

2.

A landscape architect who possesses the education and experience to qualify for full membership in the American Society of Landscape Architects; or

3.

A registered architect, together with;

4.

A practicing civil engineer licensed by the State of Florida; and/or

5.

A registered land surveyor.

5.9.1.3.2. Minimum site area.

Any property proposed for development as a planned unit development shall not be less than ten acres. For the purpose of meeting minimum parcel or lot sizes as required herein, no land shall be included in the lot or parcel for the purpose of meeting minimum lot size which are not in and of themselves developable lands.

5.9.1.3.3. Unified control.

All land included for the purpose of development within a planned unit development shall be owned or under the control of the petitioner, whether that petitioner be an individual, partnership or corporation, or a group of individuals, partnerships or corporations.

5.9.1.3.4. Subdivision of property.

Property in a planned unit development shall be platted in accordance with procedures as set forth in this Land Development Code prior to the issuance of building permits. The provision for the development certificate option, as set forth in article IV, section 4.4.10.1, shall not apply to planned unit developments. In the case of lands that have been platted prior to the adoption of this Land Development Code, the landowner shall be required to vacate the previous plat or preplatted lands before any rezoning and master plan approval will be considered. In addition, all impact fees, required payments, easements, and dedications as required by this Code and other city ordinances will be applicable to any development within a planned unit development, whether vacating an existing plat or replatting, or unplatted lands, so that all new development within the city will bear its fair share of provision of public services.

5.9.1.4. Procedures for obtaining PUD zoning designation.

The zoning in a PUD district is a combination of the district designation on the city's zoning map and an approved master development plan, both to be in conformance with the city's comprehensive plan. The master development plan approval process shall be deemed to be a legislative zoning decision, particularly as to land use density and intensity allowances, building types, location of major roads and interior road networks and the design for public utility service. The city council shall be entitled to exercise a broad discretion to act in the welfare and for the benefit and protection of abutting properties and the city in general in the master development plan review process and such review process shall be deemed to be an integral part of the zoning decision pertaining to such property.

As a condition precedent to the processing of a PUD application, either upon initial submittal or any date during the review process, the city manager or the city council may require the owner of the property to undertake specific studies or reports to be submitted regarding the nature of the particular piece of property as to soil types, environmental aspects of the land or the impact of the proposed development on city utilities, roads or other city facilities. The carrying capacity of the land, including proximity to wetlands, nature of vegetation, site-specific and off-site environmental characteristics and impacts, together with other appropriate matters of impact on the community, may be taken into consideration by the city council in the review of the request and the property owner may be required to review whatever is necessary to ameliorate any negative or adverse impact on the community or abutting properties, including the provision of off-site improvements as are reasonably necessary owing to the development of the subject property.

5.9.1.4.1. Master development plan.

A master development plan for the proposed planned unit development shall be required as part of the application procedure for rezoning. The master development plan shall set forth the type of planned unit development being proposed, whether RPD, CPD, IPD or MUPD all the land uses proposed within the development, the location and spatial distribution of all land uses proposed within the development, residential development types and density, and development types and land use intensities for nonresidential land uses. The master development plan shall designate any areas proposed for recreation/open space, conservation, preservation, and any other land characteristic type land use or uses.

5.9.1.4.2. Master development plan conference.

For any rezoning action to a PUD designation a master development plan preapplication conference shall be scheduled, at which time the petitioner shall outline his proposal to all appropriate city staff members. The purpose for the preapplication conference is to assist the developer in clearly understanding all relevant city Code requirements, identify development issues specific to the proposed project and to review any other procedural issues relative to the review of the request. Neither the developer nor designated representative shall in any way interpret the remarks or statements, expressed or implied, of the city staff as being binding upon the city.

5.9.1.4.3. Requirements for PUD review.

An action to designate a tract of land into one of the defined planned unit development districts as previously set forth is a combination of the rezoning requirements as set forth in article III of this Code, and review and approval of a master development plan. The city council's determination concerning the appropriateness of the master development plan is as much a zoning decision as a decision to designate the particular parcel of property as a planned unit development district and, as such, the city council's determination whether to approve, approve with conditions, or deny the plan and zoning shall prevail if such decision is fairly debatable.

In addition to the requirements as set forth in article III, of this Code, applications for PUD designation shall include the following:

1.

A letter of transmittal officially submitting the proposal for approval, signed by the developer or his authorized representative.

2.

Firm evidence of the unified control of the entire area within the planned unit development and shall state agreement that, if he proceeds with the proposed development, he will:

a.

Do so in accord with the officially approved master development plan of the development, and such other conditions and modifications as may be included.

b.

Provide proposed agreements, covenants, contracts or deed restrictions for completion of the undertaking in accordance with the approved master development plan as well as for the continuing operation and maintenance of such areas, functions, and facilities as are not to be provided, operated and maintained at general public expense.

c.

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

d.

Secure written consents and agreements from all property owners of record within the PUD that they have given the petitioner authority to act in their behalf and that said representative or agent has the delegated authority to represent the owner or owners and they agree that all commitments made by the aforementioned representative or agent are binding.

3.

A statement of the petitioner's interest in the property to be rezoned including certificate of title or attorney as to ownership and, if a contract purchaser, written consent of the seller/owner; or, if a lease, a copy of the lease agreement and written consent of the owner(s).

4.

A certified boundary survey of the tract prepared by a surveyor registered with the State of Florida showing the location and type of boundary evidence related to the state plane coordinate system, if available, and the accurate legal description of the property in metes and bounds and a computation of the total acreage of the tract to the nearest tenth of an acre. Survey must have been done within one year prior to filing.

5.

Twenty copies of a scaled master development plan of the entire proposal showing the following information:

a.

A key map at a convenient scale showing the master development plan which shall include existing roads, streams, street rights-of-way and street intersections; the location of the nearest public roads on all four sides; a statement indicating the distance to all public improvements such as schools, firehouses, public recreational areas and the like, which would serve the subject development; a description of how the proposed development is in conformity with the city comprehensive plan, land development regulations, and all other applicable laws, ordinances, and regulations.

b.

Location, with pavement type, right-of-way, names, and other related appurtenances of all public streets adjoining or traversing the site. In the event no public street now adjoins the site, sufficient description by metes and bounds as to identify the location of the site shall be required.

c.

Identification of the name, plat, book and page number of any recorded subdivision comprising all or part of the site.

d.

Identification and location of any existing watercourses, lakes, wooded areas, or other significant natural physical features upon the site, as well as on adjacent property within 250 feet of outside boundaries and proposed alterations to said features.

e.

Location and spatial arrangement of all land uses proposed, including the number of acres in each land use, the proposed density of land use, intensity of use, and development type (i.e., single-family residential, multifamily residential, commercial shopping center, hotel/motel, mixed use, etc.).

f.

All existing and proposed means of vehicular access to and from the site, including an internal traffic circulation plan depicting arterial and collector streets.

g.

A transportation analysis, prepared by a professional in the field of transportation planning, to include an estimate of average trips/land use, total average daily trips, distribution to total peak hour trips on existing and/or proposed transportation network(s), distribution splits onto existing and/or proposed transportation network(s), and a description of public mass transportation routes and schedules as related to the proposed development.

h.

Location of existing structures and/or open space facilities of adjacent properties within 250 feet of any boundary line of the site. (Use of a recent aerial photo is adequate.)

i.

A statement by the petitioner of the major planning assumptions and objectives of the development project including but not limited to:

1.

Development.

2.

Projected population.

3.

Proposed timing and phases of development.

4.

Proposed ownership and forms of organization to maintain common open space and facilities.

j.

A general layout of the types, quantities and location of trees and other such significant vegetative features. (A recent aerial photograph shall be adequate.)

k.

A map of soil conservation service soil classification by soil associations.

l.

A general floodplain map indicating areas subject to inundation and high groundwater levels up to a 100-year flood classification in the form of a sepia or other transparency at a scale of one inch to 500 feet, with which to overlay FIRM maps.

m.

Delineation of all wetland areas on the site including type (i.e., FDEP jurisdictional, SWFWMD isolated, and all others). For the purpose of master development plan review, wetland areas may be assumed using the best available data sources including, but not limited to, aerial photographs, recognized published reports/studies, etc.

n.

The most recent aerial photograph available, with the areas to be modified delineated.

o.

Preliminary master drainage plan showing existing topographic contours at one-foot intervals, identification of the major natural drainage basin(s) of the site, areas for proposed stormwater management retention/detention basins, and location of outfall.

p.

A description of anticipated potable water and energy demands of the proposed development and what measures are to be taken to reduce potable water and energy consumption, both through project design and permanent operational techniques.

q.

Any other reasonable information which may be required from time to time by the city manager which is commensurate with the intent and purpose of this Code.

In addition to the requirements as set forth above, planned unit development requests shall address pertinent development matters, including but not limited to:

1.

The proper relation between the anticipated project, surrounding land uses and zoning patterns, and the effect of the proposed development on the stated planning and development objectives of the city and/or adjacent jurisdiction(s).

2.

The adequacy of natural resources, existing and proposed transportation network, utilities, and other public services and facilities to serve the development, and the relationship of planned improvements in accommodating the anticipated needs of the project.

3.

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

4.

The ability of the subject property and of surrounding areas to accommodate future expansion, if needed.

5.

Drafts of covenants which may be required for the site.

6.

Information about existing vegetative cover and soil conditions in sufficient detail to indicate suitability for proposed structures and uses.

Upon receipt by the planning and redevelopment department of the materials described above, the planning official shall transmit copies of relevant materials to the TRC and those other departments and agencies as appropriate in order to perform a complete review, including but not limited to the Pinellas County sheriff's department, Pinellas County school board and the city's finance department. The planning official shall also notify all adjacent units of government within a 1,000-foot radius of any proposed PUD that such review is under way and shall include their comments and recommendations into the record.

Following its review, the TRC shall either recommend approval, conditional approval, or denial to the city manager, who will then give his recommendation to the planning board for its review and consideration. Said recommendation to the planning board shall be transmitted within 90 days from the date a complete application is filed with the planning and redevelopment department. The city manager shall include with his recommendations the applicant's application and written report which shall include without limitation all pertinent documents submitted by the applicant, reports of the reviewing city departments and any other applicable documentation or graphic.

5.9.1.4.4. Planning board review and recommendation.

The planning board shall hear the request at its regularly scheduled public hearing, as set forth in article III, of this Code, and recommend to the city council whether the proposed rezoning be approved, approved with modifications or conditions, or denied. The board shall summarize the reasons for its advisory recommendation in a written report which shall be transmitted to the city council through the city manager. In support of its recommendation, the board shall make findings as to:

1.

The suitability of the area for the type and pattern of development proposed in relation to the physical characteristics of the land, relation to surrounding areas, concurrency, and other requirements of this Code.

2.

Adequacy of evidence of unified control and suitability of any proposed agreements, or contracts, or other instruments, or the need for such instruments or for amendments in those proposed, particularly as they relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas, functions and facilities as are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the city attorney.

3.

Conformity of the proposed development with the comprehensive plan and/or stated planning and development objectives of the City of Oldsmar.

4.

Conformity with these regulations, or as to desirable modification of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes.

5.

All such other review criteria as may be suitable as set forth in article III of this Code.

5.9.1.4.5. Action by city council.

The city manager, upon receipt of the written report of the planning board, shall transmit the application to the city council and place the item on the next available regular agenda. That transmittal may include, without limitation, all pertinent documents submitted by the applicant, the city manager's report and recommendation, the board report and any other applicable documentation or graphic. The city clerk shall keep all this material as part of the public record of the city council. The city council may:

1.

Deny the application.

2.

Phase the application to insure compliance with the standards herein and other standards and requirements in this Code.

3.

Modify the application so that these standards are met.

4.

Grant conditional approval or modification of the application, attaching whatever reasonable conditions or requirements the city council deems necessary to insure compliance with these standards or maximum mitigation of the adverse impacts of the development.

5.9.1.4.6. Development conditions.

Conditions placed on a request by the city council may include, without limitation, requiring the applicant, at his cost and expense, to:

1.

Finance or dedicate land for public rights-of-way, easements, parks and open space, school sites, or other such sites as may be necessary to protect the health, safety, and welfare of the residents/occupants of the PUD.

2.

Finance or construct potable water, wastewater or drainage facilities.

3.

Any other reasonable conditions necessary to insure compliance with these standards, if the applicant agrees in writing, in a recordable agreement binding upon his successors and assigns, that no further processing of the development request, pursuant to the provisions of article IV of this Code, shall occur until the requirements of this article are met. Attachment of these conditions shall be voluntary on the part of the applicant, and agreement by the applicant to provide any conditions will not, in any way, obligate the city to approve the subject application. Any conditional approval shall be based solely on the fact that the development application, as modified or conditioned, meets the standards of this article, and may not be based solely on the granting of certain conditions deemed favorable by the city unless the standards of the specific planned unit development district are thereby met.

5.9.1.5. Approval.

Approval of a planned unit development shall constitute a rezoning of the subject planned unit development parcel consistent with the provisions as set forth in article III of this Code for the rezoning of property and amendment to the official zoning map for the City of Oldsmar. The city council, at its first public reading of the ordinance for rezoning, shall establish in the title of the ordinance the planned unit development type, as being either a residential planned development (RPD), commercial planned development (CPD), industrial planned development (IPD) mixed use planned development (MUPD) or a PUD overlay development, as established in sections, 5.9.2, 5.9.3, 5.9.4, 5.9.5 and 5.9.6 of this article and, after a public hearing, approve or deny the ordinance.

If the planned unit development zoning request includes changes in land use from that established in the future land use map element of the comprehensive plan, said request, after the first reading of the ordinance, shall be submitted by the planning official to the Florida department of community affairs, the Tampa Bay regional planning council, and the Pinellas planning council for review, comment, and recommendation. All relevant comments/recommendations, if agreed to by all parties, shall be incorporated into the request and the ordinance shall be amended and said amendment shall be made part of the ordinance at the second and final reading, if granted. Said procedure shall also apply to land being rezoned or receiving such designation concurrent with or following annexation into the city.

On adoption of the ordinance, the master development plan shall be adopted as an exhibit to the ordinance and shall be recorded by the city clerk as an integral part of the adopted ordinance. Any further development of the approved planned unit development shall be in strict conformance with the master development plan, as recorded.

5.9.1.6. Annual status report.

After approval by the city council the petitioner shall submit, on the anniversary date of the approval, a yearly status report to the city manager. The report shall give the current status of the approved project and the projected future construction schedules.

This report shall be submitted, with the city manager's recommendation, to the city council at the next regular meeting for their review.

5.9.1.7. Development within planned unit developments.

Any development within an established planned unit development shall comply strictly with its recorded master development plan, or part thereof, be consistent with the land use and other regulations herein set forth as to the type of planned unit development created and defined in its adoption ordinance, comply with the procedures and requirements as set forth in article IV, section 4.4 of this Code, and comply with all other requirements as set forth in this Code.

Nothing herein shall prohibit a petitioner applying for planned unit development designation from concurrently applying for concept development plan approval, as set forth in article IV of this Code, for all or part of the proposed PUD. The city manager may, at his discretion, postpone review and action on a concept development plan component of a PUD request at any time during the PUD process if, in his opinion, development issues prevent concurrent review.

(Ord. No. 2010-08, § 1, 7-20-10; Ord. No. 2013-09, §§ 1, 2, 6-4-13)

5.9.2.1. Intent and purpose of district.

The purpose of the RPD district is to provide for orderly mixed-use development where the principal development type and pattern is residential in character.

5.9.2.2. Permitted uses.

Within any residential planned district the following uses shall be permitted:

1.

Single-family detached dwellings.

2.

Single-family attached dwellings with a maximum number of five units per building.

3.

Multiple-family dwellings, provided that efficiencies do not exceed 20 percent of any individual building.

4.

Recreational facilities and structures intended for the use of the residential planned district.

5.

Golf courses, which may be calculated as recreation space as is hereinafter required, provided the clubhouse and other structures are located over 150 feet from any dwelling structure.

6.

Off-street parking and garage facilities intended for the exclusive use of the residents of the residential planned district.

7.

Model dwelling units erected on the site pursuant to all applicable codes and ordinances of the city. In addition, all model dwelling units shall be subject to the following additional restrictions:

a.

Model dwelling units shall not be used for a period of longer than one year; however, the city council may grant an extension for a period not to exceed one year.

b.

The number of model dwelling units shall not exceed eight in number, and shall not be connected to water and sewer facilities until a plat of record has been provided for the subdivision area in which the models are located.

c.

One sales model may be used for a temporary real estate sales office by special use permit. Said permit shall include provisions for water and sanitary sewer connection; however, a certificate of occupancy, either for habitation or sale, shall not be issued until a final plat has been recorded for the subdivision.

d.

At least two off-street parking spaces per model unit shall be provided on the same lot as the model dwelling unit or on contiguous lots, and shall be maintained as long as the model dwelling unit is used as such.

(Ord. No. 92-18, 4-20-93)

5.9.2.3. Conditional uses.

1.

Public/semipublic uses; ancillary nonresidential uses shall not exceed a maximum area of three acres. Such use or contiguous like uses in excess of this threshold shall require a plan amendment.

2.

Marinas which provide launching, docking for the sole use by the residents.

3.

Places of worship.

4.

School (public or private). Kindergarten through 12th grade, defined as any building or group of buildings, the use of which meets State of Florida requirements for primary or secondary education, provided they are located on a minimum of five acres.

(Ord. No. 92-18, 4-20-93)

5.9.2.4. Building height regulations.

Maximum building height: 35 feet.

No structure shall exceed a height of 35 feet unless special permission is granted by the city council for increased height up to a maximum of 80 feet. For each additional foot of building height in excess of 35 feet, three additional feet of setback from property lines and separation from other buildings will be required. The city council shall authorize increased height on buildings in this zone only if it makes a determination that the denial of such request will work an undue hardship on the applicant and that the abutting property owners or other affected persons in the neighborhood will not be adversely affected in any way whatsoever by such increased building height.

5.9.2.5. General requirements.

1.

Maximum land coverage. The maximum area of land coverage by all structures shall not exceed 40 percent of the gross site area.

2.

Minimum open space. The minimum open space required shall not be less than 40 percent of the gross site area and shall [sic] land area not covered by buildings, parking structures or accessory structures, except recreational structures; land which is accessible and available to all occupants of dwelling units for those whose space is intended.

Open space, under the provisions of this section, shall not include proposed or existing street rights-of-way; open parking areas and driveways for dwellings; land which has been or is to be conveyed to a public agency for public use via a purchase agreement or dedication for schools, parks, community buildings, or other public facilities; commercial areas, and the buildings, accessory buildings, parking and loading facilities for those commercial areas; land covered by impervious surface unless it is a parking area for the recreational use of the residents.

The minimum open space requirement may be reduced if:

a.

The proposed development consists of detached, conventionally constructed single-family dwelling lots.

b.

Within item (a) above, 15 percent of the total number of proposed lots substantially exceed the minimum lot size as required by this section.

c.

The proposal has unanimous approval by the technical review committee.

3.

Recreation area. Common recreation space shall be not less than 20 percent of the amount of usable area, including open space, permanently set aside and designated on the certified plan and final plat specifically for recreational use by the residents of the residential planned district. It is further required that a minimum of one-third of the space must be contained in one location.

Said requirement may be reduced if all conditions in section (b), above, have been satisfied and a payment in lieu of recreation facilities is paid as set forth in article X of this Code.

4.

Minimum living space per unit. Defined as the livable floor area, and which is habitable yearround of any structure internal to such structure, and measured in square feet. This does not include the exterior walls, garages, open porches, breezeways, terraces, stoops, carports, patios or other similar areas. In order to insure public notice as to minimum living area requirements in structures whose lots or parcels of an RPD project may be sold to third parties, the developer, coincidental with certified plan and final plat approval, will record deed restrictions in the public records of Pinellas County designating the minimum living area requirement for each lot or parcel that conforms to the above standards. The City of Oldsmar will be shown as a beneficial party with enforcement power on such deed restrictions on a form approved by the city attorney.

5.

Minimum required housing mixture. In order to insure that a mixture and variety and housing opportunities for different categories and types of people with varying income levels are available, and to encourage the development of any economically integrated, diversified and stable community appealing to a variety of housing needs, and to accomplish a more desirable living environment than would be possible by the consistent construction of substantially similar housing types, the following percentages of minimum housing mixtures, whether single-family detached/attached or multiple-family units, are permitted:

SINGLE-FAMILY DETACHED AND ATTACHED

*Each specific housing type proposed for a project will be evaluated specifically for that housing type (i.e., percentages of multifamily units will be evaluated solely by this type).

MULTIFAMILY HOUSING

¹ In addition, no more than ten percent may be efficiency units.

*Each specific housing type proposed for a project will be evaluated specifically for that housing type (i.e., percentages of multifamily units will be evaluated solely by this type).

6.

The maximum permitted density shall not exceed that permitted by the future land use map designation as described in the comprehensive plan.

7.

All uses shall be consistent with the comprehensive plan. Where a proposed use is inconsistent with the comprehensive plan, a plan amendment shall be required prior to any approval of a project.

8.

Maximum allowable residential density, and impervious surface ratios and floor area ratios for nonresidential uses are provided for the RPD district to the future land use designation as follows:

(Ord. No. 92-18, 4-20-93)

5.9.2.6. Building area requirements.

1.

Multifamily structures. All portions of RPD development which propose platting of multifamily attached dwellings shall require all platted lots to contain a minimum of ten feet of frontage on a permanent easement for access and having access to either a dedicated or perpetual common area which has been legally described and recorded as part of the plat. Any such easement shall be a minimum width of 24 feet. This provision shall not permit platting of multilevel (i.e., timeshare/interval ownership) condominium-type ownerships. No such platting shall be approved by the city until such time as a certified plan and plat for that portion of the development in question has been reviewed and recommended for approval by the city staff.

a.

Front yard. A minimum of 30 feet from any public right-of-way line to any structure. For any private street lying in an RPD district, setback shall be 50 feet from the centerline of pavement.

b.

Side yard. A minimum of 25 feet between structures and side lot lines, and for each story over one story an additional five feet between structures shall be required.

c.

Rear yard. A minimum of 25 feet measured from the rear property line to any structure, and for each story over one story an additional five feet between structures shall be required.

d.

Perimeter. A minimum of 35 feet shall be maintained between the outside walls of all structures and the perimeter of the RPD district.

2.

Single-family detached structures. All portions of RPD developments which propose single-family detached dwellings shall meet all applicable portions of this Land Development Code.

a.

Building site area requirements. Each lot to be developed as a single-family detached unit shall contain a minimum of 7,500 square feet and shall be a minimum of 75 feet in width at the front building setback line and a minimum of 100 feet in depth.

b.

Front yard. A minimum of 25 feet from any public right-of-way line to any structure. For any private street lying in an RPD district, setback shall be a minimum of 50 feet from the centerline of pavement.

c.

Side yard. A minimum of 7½ feet measured from the side lot line to any structure. On side streets the minimum setback shall be 25 feet from any public rights-of-way, or 50 feet from the centerline of pavement for private streets.

d.

Rear yard. A minimum of 20 feet measured from the rear property line to any structure, except that swimming pool structures may be no closer to the rear property line than ten feet, such distance to be measured from the edge of the pool decking.

3.

Zero lot line. Zero lot line single-family detached dwellings may be permitted subject to the following requirements:

a.

Front yard. A minimum of 25 feet from any public right-of-way to any structure. For any private street lying in an RPD district the front setback shall be a minimum of 50 feet from the centerline of pavement.

b.

Rear yard. A minimum of 20 feet measured from the rear property line to any structure, except that swimming pool structures may be no closer to the rear property line than ten feet, such distance to be measured from the edge of the pool decking.

c.

Side yards. Side yards shall be zero feet on one side and a minimum of 20 feet on the other side. Side yard of ten feet each side may be permitted provided 20 feet is maintained between structures.

d.

Maintenance easement. A maintenance easement of five feet shall be designated on the adjacent lot abutting the zero lot line boundary, and shall be recorded on the plat.

e.

Roofs or awnings. Shall not project into a maintenance easement.

f.

Identification. In a zero lot line subdivision, all lots shall identify the zero lot line boundary and building area on the certified plan and recorded plat.

4.

Single-family, attached. All portions of the RPD developments which propose single-family attached dwellings shall meet all portions of the City of Oldsmar land development regulations.

a.

[Front, side and rear yards.] Front yard, side yard and rear yard setbacks shall be identical to the setbacks for single-family detached structures.

b.

Building site area requirements. Each lot to be developed as a single-family attached unit shall contain a minimum of 5,000 square feet for each single-family unit occupying such lot or parcel.

5.9.2.7. Additional requirements.

1.

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

2.

Buffer zone. Where the RPD development abuts another residential district, a permanent open space at least 35 feet wide shall be provided along the property line, shall be maintained in landscaping, and no driveway or off-street parking shall be maintained in such area. No intensive recreation or commercial use shall be permitted within 150 feet of the boundary of any adjacent residential district.

3.

Compatibility zone. Within 150 feet of the exterior perimeter of any RPD development proposed uses, setbacks, height and lot coverage requirements shall be compatible with established development adjacent thereto.

4.

Garbage and refuse collection. In the RPD district, all refuse, trash and garbage containers shall be screened from sight or located in such a manner so as not to be visible from any street within or adjacent to the RPD district. In addition:

a.

Outdoor collection stations shall be provided for garbage and trash removal when individual collection is not made and indoor storage is not provided.

b.

Outdoor collection stations shall not be offensive and shall be enclosed by a fence or wall at least as high as the containers and in no case less than four feet.

c.

Access to indoor or outdoor collection stations shall be such that the removal vehicle need not make several unnecessary turning or backing movements.

5.

Bike paths. Bike paths are required for all RPD developments along all private and public roads and must be designed and constructed to meet the requirements of the Florida department of transportation (FDOT) Bicycle Facilities Planning and Design Manual.

6.

Public transportation. All RPD developments, wherever appropriate and feasible, shall be designed in such a manner as to promote the use of available public transportation by the residents, users and employees of the development. Measures such as the following should be employed by the applicant, wherever appropriate:

a.

Dedication of additional right-of-way for bus bays at approved transit stops;

b.

Installation of on- or off-site sheltered seating facilities for the convenience of waiting transit users; and

c.

Display of conveniently located on-premises route schedules and timetables.

Regarding the above, developer should contact both the Pinellas County school board transportation division and Pinellas Area Transit System (PATS).

7.

Pedestrian access. Pedestrian access shall be arranged so as to provide safe and convenient routes to and from the development. Pedestrian access routes within the development need not be adjacent to or in the vicinity of vehicular access routes. When public safety requires, pedestrian crossings at the perimeter of the development shall be marked and controlled and where pedestrians are exposed to substantial vehicular traffic, fencing or other similar barriers shall be erected to prevent crossing at other than designated points.

5.9.2.8. Development standards.

1.

Standards. Development standards shall be in accordance with all provisions of this Land Development Code.

2.

Development maintenance requirements. The developer shall provide for and establish a property owner's organization or other legal entity for the perpetual ownership and maintenance of any open space and other community facilities designated on the master development plan and certified plan, including pedestrian ways, play lots, landscaped open spaces, lakes, swimming pools, bathhouses, tennis courts, jogging paths, parking lots, utilities, drainage channels, retention and detention ponds, and roads for the exclusive use of the users of the development. Such organizations shall be created by covenants running with the land, and such covenants shall be included as part of the final plan or plat of each phase and subject to approval of the city council.

a.

In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after the establishment of a planned unit development district and residential planned development fails to maintain the common areas as previously defined above, in reasonable order and condition, and in accordance with the adopted master development plan, certified plan and final plat of development, the city may serve written notice upon such organization and/or the owners or residents of the residential planned development and hold a public hearing. If deficiencies of maintenance are not corrected within 30 days after such notice and hearing, the city shall call upon any public or private agency to maintain the common open space for a period of one year. When the city determines that the subject organization is not prepared or able to maintain the common open space, such public or private agency shall continue maintenance for yearly periods.

b.

The cost of such maintenance by such agency shall be assessed proportionately against the properties within the residential planned development which have a right of enjoyment of the common open space, and shall become a lien on said property.

c.

The provisions in subsections (a) and (b) above shall be inserted into the legal documents of the organization. Furthermore, the legal documents of the condominium, homeowners' organization, or any other legal entity shall be structured to serve the following purposes:

1.

To define what is owned and by whom, including the specific location and parameters of the individual units and the ownership interest in the common elements of the owners of the association or organization;

2.

To establish a system of interlocking relationships binding each owner to all other owners for the purpose of maintaining and preserving what is owned and used in common;

3.

To establish an array of protective standards or restrictions designed to establish limits and assure that a certain level of appearance is maintained;

4.

To create an administrative vehicle, the owners' association, to manage those elements shared in common and to enforce standards;

5.

To provide for the operation and financing of the association;

6.

To specify the process involved in effecting the transfer of control of the association and responsibility for the common elements from the developer to the unit owners collectively; and

7.

To set forth proper access and utility easements for the owners and the association.

d.

All common areas are to be properly defined in legal descriptions and must be consistent with the master development plan, certified plan, and final plat of the subdivision.

e.

The developer shall be required to provide to the city council appropriate information regarding the financial structure of the association to assure its capacity to meet its maintenance responsibility for the common areas; and to present a procedure for establishing association capital reserves for future repair of common area facilities or maintenance bond for such purpose.

f.

All condominium developments shall follow the provisions of F.S. ch. 718, as amended.

g.

The provisions in subsections (a) and (b) above shall be fully disclosed to all prospective purchasers together with description of all common areas, and the proposed monthly maintenance charge (if any) to be assessed against the individual purchasers.

h.

The developer shall disclose to prospective purchasers the current ownership of any landscaped or decorative entrance to the development, its present land use category, and the proposed future disposition.

3.

Guarantees. Infrastructure maintenance and construction guarantees shall be as defined in article IV of this Code.

5.9.3.1. Intent and purpose of the district.

The purpose of the CPD commercial planned development district is to provide areas for the appropriate development of mixed land uses where the primary development type consists of retail sales and services, all of which are in a well-planned service center, minimizing the need for external trips of visitors and occupants. The uses permitted, and the standards for said uses, recognize the need for such facilities to be provided for the residents of the city and the surrounding area.

5.9.3.2. Permitted uses.

In the commercial planned development (CPD) district, the uses permitted are as follows:

1.

Commercial centers and shopping malls which provide retail, restaurant, and commercial services

2.

Hotels and resorts.

3.

Commercial recreation including:

a.

Health clubs and spas.

b.

Movie theaters, except drive-in.

c.

Miniature and adventure golf courses.

d.

Bowling alleys and skating rinks.

e.

Amusement arcades and similar enclosed or appropriately screened uses from which light, noise, odor, dust, or vibration are strictly controlled.

4.

Administrative and executive offices as part of the overall master development plan. The areas within the commercial planned development devoted to such use shall not exceed 25 percent of the district.

5.

Medium-density multifamily development consistent with the requirements and standards set forth in the residential planned development district, as part of the overall master development plan. The areas within the commercial planned development devoted to such use shall not exceed 25 percent of the district.

5.9.3.3. Conditional uses.

1.

Public or private utility, electrical, natural gas, telephone, water or sewerage, provided these facilities are subsurface installations.

2.

Public or private utility substations, provided that these facilities are appropriately screened from view and noise and that there be no storage of trucks or materials on the site.

3.

Government buildings and structures.

4.

Places of worship.

5.9.3.4. Site requirements.

Maximum density and impervious surface ratios (ISR's) and floor area ratios (FAR's) for nonresidential uses are provided for the CPD district in relationship to the future land use plan designation on the property as follows:

All setbacks, yards and other requirements shall be determined during the concept development plan review process and shall, at a minimum, take into consideration appropriate open space around each building and separation for fire safety and adequate light and air considerations. At a minimum, distance between buildings shall be 25 feet with an additional one foot for each one foot of building height above 35 feet, with the maximum building height not to exceed 80 feet.

The minimum site requirements for residential uses shall be that as set forth in the RPD section of this article.

(Ord. No. 92-18, 4-20-93)

5.9.3.5. Additional landscape requirements.

In addition to the landscaping and tree protection requirements as set forth in article XII of this Code, every nonresidential use which abuts a residential use or district shall have a six-foot brick or masonry stucco wall adjacent to such residential use or district, and shall have a setback of not less than 30 feet from the residential use or district, which shall be used for no purpose other than landscaped open space.

5.9.3.6. Guarantee of completion.

The city manager may, at his discretion, authorize building permits to be issued prior to the completion of all utilities, streets and other infrastructure improvements if not less than 75 percent of such improvements have been completed, inspected and accepted by the city, a letter of credit for the balance of the completion of work has been posted with the city manager, and all relevant provisions of article IV of this Code have been met. This provision shall not apply to residential land uses within the CPD.

5.9.3.7. Property owners' association required.

For any ownership project, either freehold or condominium, where there are common elements not to be maintained by the city or by a single owner, before any certificate of occupancy is issued, the city manager shall be satisfied that there will be a property

owners' association established that will be capable of improving, operating, and maintaining common facilities, including drainage works, utilities, driveways, service and parking areas, and recreation areas. Such association shall be established and enforced by deed restriction in a form approved by the city attorney. The developer shall present evidence, satisfactory to the city manager, that an association will be provided and will be capable of undertaking the above tasks.

5.9.3.8. Development standards.

All residential development proposed within a CPD shall be required to meet the development standards as set forth in section 5.7.2.8 of this article.

5.9.3.9. Public/semipublic threshold.

Public/semipublic uses shall not exceed a maximum area of five acres. Such use or contiguous like uses in excess of this threshold shall require a plan amendment.

(Ord. No. 92-18, 4-20-93)

5.9.4.1. Intent and purpose of the district.

The intent and purpose of the industrial planned development (IPD) district is to provide areas specifically for and conducive to the development of highly specialized and technological industries, certain industrial support and distribution facilities, research and experimental institutions, and administrative facilities, all of which are within a planned industrial park. It is intended that these parks be created to produce a campus-like setting; to be aesthetically pleasing and not obnoxious nor offensive to the surrounding area. These should also provide maximum protection for the specialized uses against odor, fumes, smoke, gas, dust, noise, vibration, and similar objectionable hazards to the degree that uses within any individual lot or parcel will not be observable or recognizable beyond the boundaries of that parcel. It is further intended that this district be located so as to be readily accessible to major transportation facilities and other municipal services and to provide compatibility between the uses both internal and external to the site so that these uses may be established and operated in keeping with the purpose and intent of the district.

(Ord. No. 2009-10, § 1, 5-5-09)

5.9.4.2. Permitted uses.

In the industrial planned development district (IPD), the uses permitted are as follows:

1.

Specialized and technological industrial activities, generally as those described in the L-1 and M-1 districts, and which are not offensive or obnoxious by reason of emission of odor, fumes, dust, smoke, gas, noise, or vibration and which are conducted within enclosed buildings and provide no outdoor storage of materials or finished products.

2.

Administrative and executive offices as part of the overall master development plan. The areas within the industrial planned development devoted to such use shall not exceed 25 percent of the district.

3.

Commercial centers which provide retail, restaurant, and commercial service activities as part of the master development plan. The areas within the industrial planned development devoted to such use shall not exceed 25 percent of the district, subject to the requirements of section 5.9.4.13.

4.

Hotels, not to exceed 50 units per acre.

(Ord. No. 92-18, 4-20-93; Ord. No. 2009-10, § 1, 5-5-09)

5.9.4.3. Conditional uses.

1.

Public or private utility, electrical, natural gas, telephone, water or sewerage, and railroad rights-of-way.

2.

Public or private utility substations, provided there be no storage of trucks or materials on the site.

3.

Government structures and radio, television, and cellular telephone transmitting stations which exceed height limitations of the district.

4.

Heliports and helistops constructed in accordance with all applicable Federal Aviation Administration regulations; however, not to be located within 1,000 feet of a residentially zoned parcel. Such use shall be discontinued in the event that the residential setback is violated by reason of the latter institution of a residential use.

5.

Outdoor storage areas which are screened, fenced or landscaped in a manner so as not to be obnoxious or offensive to the surrounding area and which are adequately set back from nonindustrial districts. The fencing or landscaping material shall be at least 75-percent opaque and at least eight feet in height. Within 300 feet of a residential district, all processes and storage, except storage for passenger vehicles, shall be in completely enclosed buildings.

(Ord. No. 2009-10, § 1, 5-5-09)

5.9.4.4. Building height regulations.

Building height: 80 feet.

(Ord. No. 2009-10, § 1, 5-5-09)

5.9.4.5. Building site area requirements.

Area: 20,000 square feet.

Width: 100 feet.

Depth: 100 feet.

(Ord. No. 96-2, § 1, 1-16-96; Ord. No. 2009-10, § 1, 5-5-09)

5.9.4.6. Yard regulations (front, side, rear).

Front: 50 feet from any arterial highway and collector street and 25 feet from any minor street, measured from any right-of-way line to a structure.

Side: 10 feet.

Rear: 10 feet.

(Ord. No. 96-2, § 1, 1-16-96; Ord. No. 2009-10, § 1, 5-5-09)

5.9.4.7. Maximum impervious surface ratio.

Maximum impervious surface ratio (ISR): 80 percent.

(Ord. No. 2009-10, § 1, 5-5-09)

5.9.4.8. Maximum floor area ratio.

Maximum floor area ratio (FAR): 55 percent.

(Ord. No. 2009-10, § 1, 5-5-09)

5.9.4.9. Minimum open space.

Open space shall be provided around each building so as to provide adequately for light, air, fire protection, and the proper relationship of building to site. In addition, buffering between land uses within an IPD master development plan shall follow, at a minimum, the buffering requirements as set forth in article XII of this Code. However, nothing in this section shall be construed to impose open space requirements on an approved development of regional impact which are more stringent than such requirements in a development order adopted pursuant to F.S. § 380.06.

(Ord. No. 96-2, § 1, 1-16-96; Ord. No. 2009-10, § 1, 5-5-09)

5.9.4.10. Performance standards.

Performance standards within an IPD district shall conform to those standards as set forth in section 5.5.1.1 et al. of this article.

(Ord. No. 2009-10, § 1, 5-5-09)

5.9.4.11. Guarantee of completion.

The city manager may, at his discretion, authorize building permits to be issued prior to the completion of all utilities, streets and other infrastructure improvements if not less than 75 percent of such improvements have been completed, inspected and accepted by the city, a letter of credit for the balance of the completion of the work has been posted with the city manager, and all relevant provisions of article IV of this Code have been met.

(Ord. No. 2009-10, § 1, 5-5-09)

5.9.4.12. Property owners' association required.

For any ownership project, either freehold or condominium, where there are common elements not to be maintained by the city or by a single owner, before any certificate of occupancy for permanent uses is issued, the city manager shall be satisfied that there will be a property owners' association established that will be capable of improving, operating and maintaining common facilities, including drainage works, utilities, driveways, service and parking areas and recreation areas. Such association shall be established and enforced by deed restriction in form approved by the city attorney. The developer shall present evidence, satisfactory to the city manager, that an association will be provided and will be capable of undertaking the above tasks.

(Ord. No. 2009-10, § 1, 5-5-09)

5.9.4.13. Nonindustrial use threshold.

Public/semipublic, retail commercial, personal business, commercial/business service and transient accommodation uses shall not exceed a maximum area of five acres. Any such use, alone or when added to contiguous like uses in excess of this threshold, shall require a plan amendment which shall include such use and all contiguous like uses.

(Ord. No. 92-18, 4-20-93; Ord. No. 2009-10, § 1, 5-5-09)

5.9.4.14. Non-substantial change of approved IPD.

A.

Any non-substantial change to an approved industrial planned development (IPD) plan shall be subject to review and approval by the city council, following recommendation by the technical review committee, prior to being implemented.

B.

Any modification of the industrial planned development (IPD) plan shall be unlawful in the absence of compliance with this code and if inconsistent with the goals, objectives, and policies of the comprehensive plan.

C.

For the purposes of this section, a substantial change shall be deemed to exist where:

1.

There is a proposed increase of greater than ten percent of the total building square footage as previously approved for the industrial planned development.

2.

There is a proposed major redistribution of building square footage such that it adversely affects traffic patterns exiting the project as previously approved for the industrial planned development.

3.

There is a proposed decrease of preservation or conservation areas of more than five percent of the area previously set forth in the industrial planned development (IPD) plan.

4.

There is a substantial increase in the adverse impact of the development due to modifications or failure to comply with conditions or stipulations authorized in the previously approved industrial planned development (IPD) plan.

D.

For the purposes of this section, the planning official shall be authorized to determine, based upon section C. above whether the proposed plan modification constitutes a substantial change to the previously approved industrial planned development (IPD) plan.

If the planning official determines that a substantial change exists, he shall inform the city council by memorandum. If the city council determines, based upon such memorandum, that a substantial change exists, it shall initiate appropriate notice and hearing for the purpose of reviewing and taking action upon such change.

(Ord. No. 2005-18, § 1, 11-15-05; Ord. No. 2009-10, § 1, 5-5-09)

5.9.5.1. Intent and purpose of the district.

The primary purpose of the mixed use planned development (MUPD) district is to provide areas for the appropriate development of mixed uses, subject to the applicable underlying future land use map category(ies). This district is also intended to provide for more intensive and/or specialized uses. In addition the district is intended to provide, subject to the applicable underlying future land use map category(ies), a combination of two or more uses, such as resort, tourist, commercial recreation, office, transient accommodations, commercial and similar uses; and to allow for appropriate mixed use development in locations where unique commercial, commercial recreational assets, activity centers or special entertainment centers are in proximity to and served by the arterial and major thoroughfare network. The MUPD district provides for greater flexibility in the development and redevelopment process by encouraging a joint planning/design effort by developers and city officials.

The MUPD process shall encourage the following:

a.

Flexibility in land development and redevelopment in order to contribute significantly to individual and community success by supporting mobility choices, reducing rates of vehicle miles traveled, decreasing infrastructure costs, and utilize new techniques of building design, construction and land development;

b.

Energy conservation through the use of more efficient building designs and siting and the clustering of buildings and land uses;

c.

Preservation of desirable site characteristics and open space and protection of sensitive environmental features; and

d.

More efficient parking options through the use of shared parking agreements, off-site parking arrangements, and the exemption of parking structures from the calculated floor area.

5.9.5.2. Permitted uses.

Subject to the applicable underlying future land use map category(ies), in the mixed use planned development (MUPD) district, the permitted uses are as follows:

1.

All permitted and conditional uses within the R/O/R zoning district.

2.

All permitted and conditional uses within the C-2 zoning district.

3.

All permitted and conditional uses within the M-1 zoning district.

4.

Commercial recreation.

5.

Transient accommodations (hotels), not to exceed 50 units per acre (any increase in units per acre shall be in accordance with the Countywide Rules, if applicable).

6.

Conference centers.

7.

Interim agricultural uses, subject to approval by city council.

8.

Public/semi-public uses.

9.

Temporary events and special events.

10.

Places of worship.

11.

Heliports and helistops constructed in accordance with all applicable Federal Aviation Administration regulations.

12.

Off-site and/or extra-jurisdictional parking.

a.

Up to 30 percent of the minimum required parking may be provided at an off-site parking location;

b.

Valet parking may be permitted at the off-site parking location provided the spaces utilized for valet are above the minimum number of parking spaces required for the specific use;

c.

The off-site parking location must be improved as required by article XV, Design and Construction and article XII Tree Protection, Landscaping and Buffering [of this Land Development Code];

d.

A safe, direct, convenient, pedestrian route shall be provided between the off-site parking location and the use being served, i.e.: the construction of eight-foot sidewalks between the use and the off-site parking location;

e.

The off-site parking location and the use site shall be situated on the same side of a public road classified as arterial or greater;

f.

Low level lighting is required at the off-site parking location; and

g.

Buffering in the form of opaque screening, including landscaping, shall be required for any off-site parking location adjacent to a residential use.

13.

Alcoholic beverage sales and services subject to applicable State of Florida alcoholic beverage licensing/permitting requirements.

5.9.5.3. Site requirements.

Maximum density, intensity, transient density, floor area ratio (FAR) and impervious surface area ratio (ISR) shall not exceed the applicable underlying future land use map category(ies). Transient accommodations may be permitted additional density in accordance with Countywide Rules.

All setbacks, yards and other requirements may be established at the time of MUPD approval or alternatively, may be determined during the concept development plan review process and shall, at a minimum, take into consideration appropriate open space around each building and separation for fire safety and adequate light and air considerations. The maximum building height shall not exceed 80 feet.

5.9.5.3.1. Stormwater ponds.

a.

Up to 100 percent of stormwater pond requirements may be satisfied by stormwater ponds or improvements located off-site (extra-jurisdictional or otherwise) on property in the same ownership (or control) as the principal use and within 500 feet or contiguous to the property on which the principal use is located.

5.9.5.4. Additional landscape requirements.

In addition to the landscaping and tree protection requirements as set forth in article XII of this Land Development Code, every nonresidential use which abuts a residential use or district shall have a six-foot brick or masonry stucco wall, which is architecturally integrated with the principal structure, adjacent to such residential use or district (or alternative screening if approved as part of a specific MUPD zoning district approval), and shall have a setback of not less than 30 feet from the residential use or district, which shall be used for no purpose other than landscaped open space (e.g., sidewalks, walkways, trails, passive recreation, landscaped areas, ponds or natural areas).

5.9.5.5. Special sign district.

Special sign district shall mean any single, legally described area within the MUPD which has been designated a special sign district by the city council.

5.9.5.5.1. Intent and purpose.

In this district the overall signage and graphic identity concepts should be designed to support both project and district planning and economic development objectives. A Master Sign Graphic Identity Plan shall include deliberate gateway signage and include sculpture, fountains and other features that add visible interest and identity. The landscape plan should identify locations and infrastructure support of the signage and graphic identifiers concept shall contribute to graphic identity of the project and the district.

Special sign district package should include items such as the following:

1.

Number;

2.

Maximum height;

3.

Maximum gross area;

4.

Maximum display area;

5.

Type;

6.

Relationship to street frontage; and

7.

Interrelationships between signs.

5.9.5.6. Guarantee of completion.

The city manager may, at his discretion, authorize building permits to be issued prior to the completion of all utilities, streets and other infrastructure improvements if not less than 75 percent of such improvements have been completed, inspected and accepted by the city, a letter of credit for the balance of the completion of work has been posted with the city manager, and all relevant provisions of article IV of this Code have been met.

5.9.5.7. Property owners' association required.

For any ownership project, either freehold or condominium, where there are common elements not to be maintained by the city or by a single owner, before any certificate of occupancy is issued, the city manager shall be satisfied that there will be a property owners' association established that will be capable of improving, operating, and maintaining common facilities, including drainage works, utilities, driveways, service and parking areas, and recreation areas. Such association shall be established and enforced by deed restriction in a form approved by the city attorney. The developer shall present evidence, satisfactory to the city manager, that an association will be provided and will be capable of undertaking the above tasks.

5.9.5.8. Non-substantial change of approved MUPD.

A.

Any substantial change to an approved MUPD plan shall be subject to review and approval by the city council, following a recommendation by the technical review committee, prior to being implemented. All non-substantial changes may be administratively approved by the planning official upon finding that the change(s) is not a substantial change under the criteria set forth in subsection B below. Appeals to the planning official's administrative approval shall be made to the city council.

B.

For purposes of this section, a substantial change shall be deemed to exist where:

1.

There is a proposed increase of greater than ten percent of the total building square footage permitted under the approved MUPD;

2.

There is a proposed addition of a use not permitted under the approved MUPD; and

3.

There is a proposed major redistribution of building square footage from that previously approved in the MUPD and such change materially and adversely affects traffic patterns exiting the project roadways.

(Ord. No. 2010-08, § 2, 7-20-10)

The planned unit development overlay (PUD overlay) district is established herein as an overlay-zoning district to the adopted zoning districts within the city. The PUD overlay district is established to provide for well-planned and orderly development of residential property in the city that do not meet all of the requirements of the RPD. Normal development and zoning controls may be modified upon approval of the project provided the rationale for doing so is sound.

It is recognized that assemblage of large land parcels in the city may be impractical and development of lots based on the regulations set forth in each zoning district may prevent development or redevelopment from occurring; therefore, the PUD overlay district may be applied to a residential subdivision or multifamily development property in any district without a minimum lot or land area requirement. In so doing the PUD overlay district is intended:

A.

To promote flexibility in site design and location of buildings, driveways, parking areas, and other improvements;

B.

To promote the efficient use of land to facilitate a more aesthetic arrangement of buildings, circulation systems, and utilities;

C.

To combine and coordinate architectural styles, building forms and building relationships within the planned development overlay in relation to the surrounding development;

D.

To ensure that other aesthetic and movement features, such as landscaping, sidewalks, and streetscapes are considered within the development's overall design; and

E.

To provide for a balance land use and development mixture.

5.9.6.1. Requirements for PUD overlay review and approval.

a.

Unified control: All land to be included in the PUD overlay shall be owned or under the control of the petitioner, whether that petitioner be an individual, partnership or corporation, or a group of individuals, partnerships or corporations.

b.

Master development plan: A master development plan, at a scale no larger than 1" = 100' shall be required for PUD overlay review and zoning designation. The master development plan will:

1.

Include a certified boundary survey of the property proposed for PUD overlay designation prepared by a surveyor registered within the State of Florida related to the state plane coordinate system and the accurate legal description of the property in metes and bounds and a computation of the total acreage of the property to the nearest tenth of an acre. Said survey shall be prepared within one year prior to PUD overlay designation filing;

2.

Identify any land uses within the PUD overlay boundary;

3.

Show all right-of-way widths facing the property, street widths facing the property, and all platted alleys, easements, or recorded restrictions on the property;

4.

Locate all structures proposed to be built on the property, including building(s) orientation to the street(s), all access points, driveways, parking areas, and service areas;

5.

Site drainage, including site topography (pre and post development), size and location of stormwater retention/detention areas based on Southwest Florida Water Management District and Land Development Code requirements, and stormwater outfall location if an on-site system;

6.

Include a tree survey and proposed landscape plan of the site;

7.

Detail improvement(s) in the right(s)-of-way and platted alleys, if applicable; and

8.

Include an architectural rendering of the structure(s) to be located on the site showing all elevation sides of each structure.

c.

Additional evaluation criteria, including: In order to foster the attractiveness of a PUD overlay and its surrounding neighborhoods, preserve property values, provide an efficient road and utility network, ensure the movement of traffic, implement comprehensive planning, and better serve the public health, safety, and general welfare, the following criteria shall apply. These criteria shall neither be regarded as inflexible requirements nor are they intended to discourage creativity or innovation.

1.

The proper relation between the proposed project and its neighboring development, including compatibility with abutting structures, compatibility with the existing architecture and building styles within the immediate neighborhood. Proposed buildings shall be sited harmoniously to the terrain and to other buildings in the vicinity that have a visual relationship to the proposed buildings.

2.

The adequacy of the existing transportation network, including streets and access to public transit, utilities, and other public services and facilities to serve the development and the relationship of planned improvements in accommodating the needs of the project. With respect to vehicular and pedestrian circulation and parking, special attention shall be given to the location and number of access points to public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, and the arrangement of parking areas, that are safe and convenient and insofar as practicable do not detract from the design of the proposed structures and neighboring structures.

3.

Insofar as practicable the landscape shall be preserved in its natural state by minimizing tree and soil removal.

4.

Setbacks shall be governed by the PUD overlay. Lots located on the perimeter of a PUD overlay district shall adhere to the minimum and maximum of the base zoning district unless a lesser setback is approved in the master site plan.

5.

Drafts of development agreements, covenants, or other instruments that provide assurance for specific actions and requirements, if any.

(Ord. No. 2013-09, § 3, 6-4-13)