(a)

Scope. Provisions of this section shall apply in all zoning districts.

(b)

Purpose and intent. It is the intent and purpose of this district to provide, upon specific application and through the processes of unified planning and coordinated development, for creation of new neighborhood or community areas offering a physical, social, and economic environment of high quality. Specific objectives of the district include the establishment of an orderly pattern of land uses geared to accommodate both near-term and long-term community needs; the efficient and economical use of land; an appropriate and harmonious variety in physical development; creative design; a high level of living and working amenities, including plentiful open space and recreation opportunities efficient and effective systems of public facilities and services; a high degree of compatibility with adjacent and nearby existing and future development; appropriate conservation and preservation of natural features and resources; and the staging of development so as to best serve the general welfare and implementing the of the city comprehensive plan.

Regulations for planned developments are intended to accomplish the purposes of zoning, subdivision regulation, and other applicable city regulations are intended to control development on a lot-by-lot basis rather than on a unified development approach. However, it is essential that the regulations and requirements applying to planned developments be sufficiently flexible in structure so as to encourage creative and imaginative design in planning and development. Where there are conflicts between the requirements of the general provisions of this chapter or other applicable codes of the city and the requirements established by official action upon a specific planned development, said latter requirements shall govern.

(a)

Planned development defined. For the purposes of this chapter a planned development (PD) is defined as land planned under unified control and developed in a coordinated manner in one (1) or more development phases for uses and structures well suited to the development itself and the surrounding area of which it is a part, according to an approved conceptual plan of development, and with programs for full maintenance and operation of any facilities and services, not to be dedicated to, and accepted by, a public agency for public ownership, operation and maintenance.

(a)

General standards for district establishment. In reaching recommendations and decisions as to rezoning land to PD classification, the planning and zoning board and the city commission shall apply the following standards in addition to the standards and procedures of article XIII of this chapter applicable to the rezoning of land generally:

(1)

Area requirements. In general, the area of a proposed planned development district will have to be of substantial size to permit its design and development as a cohesive unit fulfilling the stated purpose and objectives of these regulations and to establish the district as a meaningful segment of the larger community. Each proposed district shall therefore be evaluated as to its adequacy in size with respect to both the nature and character of its internal design and to its specific location within the city. The minimum size of a PD district to be considered for establishment shall be five (5) acres, unless the city commission, specifically, gives prior PD conceptual approval to proceed with the PD application process.

Existing non-conforming uses and uses permitted within a given district by use permit are examples of potential uses that might be considered for PD district designation.

(2)

Relation to major transportation facilities.

Facilities: PD districts shall be so located with respect to arterial or major streets, highways, collector streets, or other transportation facilities as to provide suitable access to such district without creating or generating traffic along minor streets in residential areas or districts outside the PD districts.

(3)

Relation to utilities.

Public facilities and services: PD districts shall be so located in relation to sanitary sowers, water lines, storm and surface drainage systems, and other utilities systems and installations that neither extension nor enlargement of such systems will be required in manner, form, character, location, degree, scale, or timing resulting in higher net public cost or earlier incursion of public cost than would development in forms generally permitted under preexisting zoning in the area. Such districts shall be so located with respect to necessary public facilities (e.g., schools, parks and playgrounds) as to have access to such facilities in the same degree as would development permitted under preexisting zoning, and shall be so located, designed, and scaled that access for public services is equivalent to, and net cost for such services is not greater than, access and net costs for public services for development as permitted under preexisting zoning.

However, if applicants will (1) provide private facilities, utilities, or services approved by appropriate public agencies as substituting on an equivalent basis, and assume their satisfactory continuing operation permanently, or until similar public utilities, facilities, or services are available for use; or (2) make provision acceptable to the city for offsetting any added net public costs shall be paid by the applicants. Determination shall be made by the city or by experts acceptable to the city.

(4)

Physical character of the site: The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, or other dangers, annoyance, or inconveniences. Condition of soil, ground water level, drainage and topography shall be appropriate to both kind and pattern of use intended.

(5)

Consistency with the comprehensive plan: To be eligible for consideration, a PD rezoning proposal shall be found to be consistent with all applicable elements of the city's adopted comprehensive plan with respect to both its proposed internal design and its relationship to adjacent areas and the city as a whole.

(a)

In order to permit maximum flexibility in the design of a proposed planned development, no specific permitted uses established. Uses permitted within a PD district shall be only those residential, cultural, recreational, business, commercial, industrial, and related uses as are deemed by the city commission to be fully compatible with each other, with the context of the propose development as a whole, and with the zoning and land use patterns of surrounding areas. The type, general location, and extent of all proposed uses shall be clearly designated as part of the conceptual development plan, and approval of said uses or types of uses as part of a rezoning amendment shall constitute the permitted land use requirements of a particular PD district to the same intent and degree as were said permitted uses specifically included within these regulations. Any proposed change of approved land usage, other than necessary minor refinements in size, configuration, or location as may be required in the preparation of the detailed development plans, shall require a new hearing and approval action in accordance with the administrative review and approval procedures herein established. Accessory uses normally associated with the uses permitted as part of the approval action upon a specific PD proposal shall be permitted at such location and in such intensity as normally provided for such development within other zoning districts of the city, unless accessory uses are expressly prohibited within the approval action or are otherwise regulated by said action.

(a)

Standards for internal PD design.

(1)

Residential density: The number and type of residential dwelling units to be permitted within a PD district or within specific portions of a PD district shall be as determined by the city commission and stipulated within the approval action. Maximum gross residential density of a PD district shall be eighteen (18) units per acre.

(2)

Access: Every dwelling unit or other use permitted within a PD district shall have access to a public street (of the type required for the PD under subsection section 14-102(a)(2) above) either directly or via an approved private road, pedestrian way, court or other area dedicated to public or private uses, or common element guaranteeing access.

(3)

Internal lots and frontage: No minimum lot sizes or minimum yards are established for a PD district under these regulations. However, the applicable minimum lot size and yard size requirements of conventional zoning districts shall be utilized wherever proposed PD development is essentially equivalent to that development permitted under conventional zoning district classifications. In additional, wherever land within a PD district has frontage upon preexisting public roads, the front yard requirements of the conventional zoning district most apply and wherever yard within a PD district abut a conventional zoning district, said yard shall comply with the yard requirements of said conventional zoning district. Where appropriate, the city commission may stipulate minimum lot sizes and minimum yard requirements as part of the approval action.

Land area which would normally be required for residential lots, but which is not so used under the permitted lot size reduction provisions of this section of the chapter, shall be devoted instead to common open space for the enjoyment and use by residents of the development and shall be preserved into perpetuity as open space.

(4)

Minimum living area: The minimum living area requirements shall be as stipulated within the approval action.

(5)

Maximum building height: The maximum height of all residential structures shall be forty (40) feet; however, aesthetic additions or utility structures may be exempted from the forty-foot limitation.

(6)

Provision for vehicular and pedestrian circulation: The street and roadway pattern within PD shall be designed so as to take advantage of existing natural features and shall provide for a logical and orderly movement of vehicular traffic throughout the development. Provision shall be made for the reservation and/or dedication of all right-of-way needed for the improvement of existing streets or the construction of new streets indicated within the city's adopted comprehensive plan. The internal street system shall be properly coordinated with all existing streets and roadways at the project's boundaries, and all street shall be designed in accordance with city standards and requirements.

Reductions of right-of-way widths below those normally required may be granted in specific cases when recommended for approval by the city engineer and the city commission finds lesser widths are appropriate due to the unique design of the PD.

Provisions shall be made within a PD for the separation of vehicular and pedestrian traffic, and a system of sidewalks and/or pedestrian ways shall be incorporated into the PD design for the exclusive use of pedestrians.

(7)

Off-street parking and off-street requirements: Off-street parking and off-street loading facilities shall be provided as set forth within article VIII of this chapter.

(8)

Provision for public facilities and services: Provision shall be made within a PD district for all public facilities and services deemed essential by the city commission for location and establishment within said district. Required sites for such facilities and service be of such sizes, proportions, and location so as to effectively serve their intended proposes in a manner beneficial to future residents of the development and to the city as a whole. Said sites shall be dedicated to the city or other applicable public body at no cost.

(9)

Underground utilities: Within a PD all utilities, including telephone, television cable, and electrical systems shall be installed underground. Appurtenances to these systems which require above-ground installation shall be effectively screened and, thereby, may be excepted from this requirement. Primary facilities providing services to the site of the PD may be excepted.

(10)

Protection of natural features: Provision shall be made within the design of a PD for the protection and conservation of significant natural features within or adjacent to the site. Where any alteration of said features is required as part of the development proposed within the PD district, the developer shall replace said altered features with natural features and/or areas accepted to the city.

(11)

Buffering: Wherever essential to ensure compatibility, land use area within a PD shall be suitably screened from each other and from adjacent development and/or roadways outside the PD by appropriate buffering materials. Buffering shall be provided by use of natural vegetation, landscaping berms and/or decorative wood or masonry walls.

(12)

Commercial and industrial development: Residential In general, commercial and/or industrial uses within a PD district shall be only those deemed essential to serve the needs of the PD residents and not the general needs of the surrounding area. However, where it is found by the city that the lands within a proposed PD district are appropriately located and of proper size and configuration so as to serve an existing or future need for commercial and/or industrial development of the larger community, provision for said development may be included within said proposed PD district. No commercial or industrial uses shall be approved as part of a PD unless the location, site size, and proposed intensity of said uses are found to be consistent with the city's adopted comprehensive plan.

(13)

Commercial and industrial: Any commercial or industrial site within the City of Pahokee determined by the city commission to be of community benefit can be permitted to develop as a planned developed and in phases provided article VII procedures are followed.

(a)

Procedures for rezoning of land to PD. The procedure for rezoning of land to PD classification is set forth within article III of this chapter and applying to the rezoning of land generally. However, due to the unique characteristics of PD design and development, the following procedures and requirements shall apply to applications for PD classification, in addition to the general requirements of article III of this chapter.

(1)

Applications, material to be submitted: In addition to information required for application for rezoning generally under article XIII of this chapter, the applicant shall submit the following materials or data:

a.

A statement presenting firm evidence of the unified control of the entire area within the proposed PD. The applicant shall state agreement to:

1.

Proceed with the proposed development according to the provisions of these zoning regulations and such conditions as may be attached to the rezoning of the land to PD;

2.

Provide agreements, contracts, deed restrictions, and sureties acceptable to the city for completion of the development according to the plans approved at the time of rezoning to PD, and for continuing operation and maintenances of such areas, functions and facilities as are not to be provided, operated, or maintained at public expense; and

3.

Bind all successors in title to any commitments made under 1. and 2. preceding. All such agreements and evidence of unified control shall be examined by the city attorney and no rezoning of land to PD classification shall be adopted without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of these zoning regulations.

b.

A statement as to the density of development sought for the PD and such, supporting evidence or documentation as the applicant may feel is pertinent to enable the planning and zoning board and the city commission to determine whether or not the density of development requested is reasonable and proper.

c.

A conceptual development plan at appropriate scale containing:

1.

The title of the project and the names of the professional project planner and the developer;

2.

Scale, date north arrow, and general location map;

3.

boundaries of the property involved, all existing streets buildings, water courses, easements, section lines other existing important physical features in and adjoining the project;

4.

conceptual plan location of the different us proposed by dwelling types, open space designations, recreational facilities, commercial uses, other proposed uses, and off-street parking and off-street loading locations;

5.

conceptual plan showing access and traffic flow and how vehicular traffic will be separated from pedestrian and other types of traffic;

6.

tabulations of total gross acreage in the development and the percentages thereof proposed to be devoted to the several dwelling types other proposed uses, recreational facilities, streets, parks, schools, and other reservations;

7.

tabulations of the project density and the proposed numbers and types of dwelling units; tabulations of the amount of common open space and the amount of total impervious surfaces area.

d.

Proposed zoning district regulations such as minimum rear, side and front yards, maximum building coverage, minimum building height (nonresidential only), permitted uses and accessory uses, minimum lot requirements, minimum internal rear, side or front yards, minimal living area, as be relevant to the PD proposed.

e.

A statement showing proposed modifications of zoning or other applicable city regulations where it is intended by the applicant that such modification(s) serves the public interest to an equivalent degree.

f.

Where necessary due to the unique character of the land involved, the size or intensity of the proposed development, or the types of proposed uses, the applicant may wish to submit and/or may be required by the city to submit one (1) or more of the following: An ecological survey; a comprehensive drainage study; a school impact study, including a letter from the Palm Beach County School Board in keeping with the provisions of F.S. § 235.193; a recreation impact study; a traffic impact study; or a marketability study.

(2)

Procedures: On application for rezoning of land of PD classification, the planning and zoning board and the city commission shall proceed in general as for other applications for rezoning of land giving special consideration, however, to the following matters and requirements, and allowing changes in the rezoning board public hearing, as follows:

a.

Prehearing conferences with applicant: The city staff site plan review committee shall meet with the applicant or his agent to review original application including all plans, maps, and documents submitted by the applicant. The purpose of such prehearing conference(s) shall be to assist in bringing the overall petition as nearly as possible into conformity with these or other regulations applying generally to the property involved and/or to define specifically those variations from application of general regulations which appear justified in view of equivalent services of the public purpose of such regulations. In the course of such prehearing conferences, any recommendations for change shall be recorded in writing and shall be come part of the record in the case. All such recommendations shall be supported by stated reasons for the proposal for change. The applicant shall state in writing his agreement to such recommendations, or his disagreement and if there is disagreement shall in writing indicating his reasons therefor, and such responses by the applicant shall be included in the record. At such time as further conferences appear unnecessary, or at any time on the request of the applicant, public notice shall be given and the public hearing before the planning and zoning board shall be held as for other application for rezoning, but the notice and hearing shall be on the petition as it any have been amended following the prehearing conference(s) rather than as originally submitted.

b.

Planning and zoning board findings and recommendations: After public hearing, the planning and zoning board may recommend to the city commission that the PD rezoning be granted, subject to stated stipulations and conditions or be disapproved. In making its recommendation, the planning and zoning board shall find that the plans, maps, and documents submitted by the applicant and presented at the public hearing do or do not establish that the applicant has met the requirements of article XIII of this chapter applicable to rezoning generally, and in addition:

1.

The requirements of unified control and agreement set out in section 14-105(a) above;

2.

The general standards for district establishment set out in section 14-104(a) above;

3.

The standards for internal PD design set forth in section 14-104(a) above are complied with or can be complied with at time of final development plan approval.

4.

The tract for the proposed PD is suitable in terms of its relationship to the city's adopted comprehensive plan and that the area surrounding the proposed PD can continue to be developed in coordination with and in substantial compatibility with the PD proposed;

5.

That the desired modification of general zoning or PD regulations as applied to the particular case justify such modification of regulations and meet to at least an equivalent degree the regulations modified, based on the design and amenities incorporated in the conceptual development plan;

6.

That increased open space is provided for the occupants of the proposed PD and the general public, and desirable natural features indigenous to the site are protected and conserved in the development plan;

7.

An adequate surface drainage system will be provided at not cost to the city.

c.

Conditions and stipulations: In recommending rezoning of land to PD classification, the planning and zoning board may recommend and the city commission may attach suitable conditions, safeguards, and stipulations, including but not limited to the following:

1.

Types and/or categories of land uses to be permitted within the district or specified portions thereof;

2.

Residential density to be permitted within the district or specified portions thereof;

3.

Minimum building lot sizes, required yards, building setbacks, floor area requirements, and maximum impervious surface area to be permitted within the district or specific portions thereof;

4.

Intensity of nonresidential uses to be permitted within the district or specified portions thereof including square footage and floor area, height of structures, and amounts of land to be utilized for parking and other open space activities.

5.

Amounts, location and types of recreational areas, parks, open spaces and facilities to be provided within district or specified portions thereof; with dedication thereof to the public at no cost.

6.

Provisions to be made for necessary public facilities and/or services required by the district or specified portions thereof; with dedication thereof to the city or other applicable public body at no cost;

7.

Method of staging of various development phases within the district, including both the sequence and timing of said phases and the required dates for filing of final development plans.

In the application of said conditions and stipulations, applicable standards set forth within the conventional zoning districts of this code shall be utilized wherever possible.

Any said conditions, safeguards, stipulations made at the time of rezoning to PD shall be binding upon the applicant or any successors in interest. Deviations from approved plans or failure to comply with any requirement, conditions, safeguarding, or stipulation shall constitute a violation of these zoning regulations.

Each establishment of a PD district shall be by the means of an ordinance duly adopted by the city commission in conformity with all procedures of law pertaining to rezoning of land within the city. Any said ordinance shall incorporate the conceptual plan and all stipulations and conditions embodied within the approval action.

(a)

If the final development plan as set out in section 14-108 below has not been filed for approval within six (6) months of the date of rezoning of land to PD, or within six (6) month following a stipulated date for said filing in case of a phased PD development, then the PD classification shall remain on the land, but not plan approval that may be required by the city commission with procedure as for a new application shall have the effect of increasing the density or intensity of development previously approved. Extension of said time limits may be granted by the city commission upon due cause being shown.

(a)

Plans: For development of land rezoned in PD shall be processed in accordance with procedures established in the city's subdivision regulations and/or site plan review requirements. The same information and data shall be furnished at each stage of plan submission. The final development plan required and submitted shall be in substantial compliance with the conceptual development plan submitted as part of the application for rezoning to PD. In addition to the provisions of the subdivision regulations and/or site plan review requirements found to be applicable, the following information shall be provided (where applicable, typical or standardized data may be provided for items 1, 2, 3, below:

(1)

Building locations and architectural definitions of all structures proposed which are a part of the project shall be depicted upon the tentative plan or plat and the supplementary materials required.

(2)

Master landscape plan depicting existing and proposed vegetation and locations thereof on the site.

(3)

Walls and planting screens' locations, heights, and materials.

(4)

Tabulations analyzing the number of total gross acres in the project and the percentages thereof proposed to be utilized by the several building types, other nonresidential uses, off-street parking and off-street loading, streets, recreation areas, parks schools and other reservations. Tabulations of total number of dwelling units in the project by types and the overall project density in dwelling units.

(5)

Prior to approval of a final development plan, the developer shall file, as specified at the time of rezoning, a legally constituted maintenance association agreement for improving, perpetually operating, and maintaining the common facilities to be held in private ownership, including streets drives, parking areas and open space and recreation facilities; or he shall file such documents as are necessary to show how the said common areas to be improved, operated and maintained. Such documents shall be subject tot he approval of the city attorney.

(a)

No building permit or certificate of occupancy or zoning compliance shall be issued in or for development in a PD district except in conformity with all provisions of the rezoning to PD classification and plans submitted and approved.

(a)

For the filing of PD applications and final development plans shall be established by the city commission of City of Pahokee. All expenses incurred in the processing of PD application shall be paid by developer.