(A)

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 the creation of large-scale, sustainable new communities with mixed uses. The specific objectives of the district are to incorporate a mixture of land uses, consistent with the densities and intensities authorized by the new community development (NCD) future land use designation; provide a greater variety of uses closer to home and work; reduce reliance on the automobile and build a sense of place and community; provide wildlife corridors and upland habitat preservation; provide a diversity of housing types to enable citizens from a wide range of economic levels and age groups to live within its boundaries; provide adequate public facilities; replace piecemeal planning which reacts to development on a project-by-project basis with a long-range vision to create an integrated new community.

(B)

Regulations for master planned unit developments (MPUD) are intended to accomplish the purposes of zoning, planning and design principles and standards that shall govern development within the MPUD. 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 the MPUD regulation book, the MPUD regulation book shall prevail.

(Ord. No. 10-62, § 2, 8-9-10)

For the purpose of this article the following definition shall apply unless the context clearly indicates or requires a different meaning.

MASTER PLANNED UNIT DEVELOPMENT (MPUD). Land that is part or all of an NCD future land use district, or any sub-district and is included in or approved as part of a development of regional impact. The area is under unified control and developed in a coordinated manner in one (1) or more development phases according to an approved MPUD Conceptual master plan and regulation book.

(Ord. No. 10-62, § 2, 8-9-10)

In reaching recommendations and decisions as to rezoning land to MPUD classification, the Planning and Zoning Board and the City Council shall apply the following standards in addition to the standards and procedures of sections 158.315 through 158.322 applicable to the rezoning of land generally:

(A)

Area Requirement. The City shall allow the establishment of a MPUD zoning district for land within the New Community Development (NCD) Future Land Use designation and under a specific NCD sub-district to be consistent with those minimum size requirements established for each sub-district; except the establishment of a MPUD for the Residential sub-district shall require a minimum area of fifty (50) acres. Boundaries of the area shall be identified and established.

(B)

Relation to Major Transportation Facilities. MPUD 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 those districts.

(1)

The minimum number of residential development access points shall be determined per the National Fire Protection Association 1141 Standard for Fire Protection Infrastructure for Land Development in Wildland, Rural, and Suburban Areas, 2017 Edition (NFPA 1141); or as determined by a traffic study or the Fire Marshal, whichever is more stringent.

a)

The secondary access point shall be located on a different public roadway than the primary access and on different sides of the development where feasible. When the public roadway is not yet constructed to the secondary access point, installation of the secondary access point shall include construction of the public roadway up to the secondary access point at a minimum; and which shall be constructed in conformance with the City's Engineering Standards for Land Development.

b)

When an access point is provided as an emergency use only, per the NFPA 1141, the access point must utilize a stabilized, pervious surface approved by the City Engineer and Fire Marshal.

(C)

Relation to Utilities, Public Facilities, and Services. MPUD districts shall be required to obtain developers agreements regarding provision of utilities, public facilities and services as applicable.

(D)

Development of Regional Impact (DRI). The proposed MPUD district shall be located within an approved DRI and be consistent with all applicable conditions of the approved DRI development order.

(E)

Consistency with the City Comprehensive Plan. To be eligible for consideration, a MPUD rezoning proposal must 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.

(Ord. No. 10-62, § 2, 8-9-10; Ord. No. 15-85, § 1, 12-7-15; Ord. No. 19-35, § 2, 6-24-19; Ord. No. 22-22, § 2, 4-11-22; Ord. No. 23-53, § 3, 11-27-23)

Uses permitted within a MPUD District shall be those deemed by the City Council to be fully compatible with the land use sub-categories (residential, neighborhood/village commercial, town center, resort, mixed use or employment centers) consistent with Policies 1.2.2.1 through 1.2.2.8 of the City's Comprehensive Plan and as shown on the conceptual master plan adopted as part of the future land use element for each NCD district. The type, general location, and extent of all proposed uses shall be clearly designated as part of the MPUD Conceptual Master Plan and the permitted uses shall be listed in the MPUD regulation book. Approval of those uses or types of uses as part of a rezoning amendment shall constitute the permitted land use requirements of a particular MPUD district to the same extent and degree as were those permitted uses specifically included within these regulations. Accessory uses normally associated with the uses permitted as part of the approval action upon a specific MPUD proposal shall be permitted at those locations and in an intensity as normally provided for that development within other zoning districts of the city, unless accessory uses are expressly prohibited within the approval action or are otherwise regulated by that action.

(Ord. No. 10-62, § 2, 8-9-10)

(A)

Land Uses. Identification of Residential, Neighborhood/Village Commercial, Town Center, Resort, Mixed Use or Employment Centers consistent with Policies 1.2.2.1 through 1.2.2.8 of the City's Comprehensive Plan. Identify the gross and net useable land area.

(B)

Density. A computation of residential density and non-residential intensity.

(C)

Access. Every dwelling unit or other use permitted within a MPUD district shall have access to a public or private street either directly or via an approved private road, pedestrian way, court or other area dedicated to public or private use, or common element guaranteeing access.

(D)

Zoning Regulations. Zoning regulations shall be established for each land use including, but not limited to:

(1)

Minimum lot size and frontage;

(2)

Minimum rear, side and front yard setbacks;

(3)

Maximum building coverage;

(4)

Building height;

(5)

Minimum living area;

(6)

Density; and

(7)

Permitted uses and accessory uses.

(E)

Provision for Vehicular and Pedestrian Circulation.

(1)

The street and roadway pattern within a MPUD shall be designated to promote a pedestrian and bicycle friendly environment with an emphasis on connection to surrounding areas. For each facility to be included in the MPUD, design criteria shall be included addressing:

(a)

Right-of-way width.

(b)

On-street parking (if applicable).

(c)

Design cross sections.

(d)

Streetscape design.

(2)

A network of pedestrian trails and bicycle paths, with shortcuts and alternatives to travel along high-volume streets shall be provided within or in proximity to each residential area.

(F)

Transit Oriented Design Features. The following shall be considered to encourage the establishment and use of transit:

(1)

Mix of land uses vertically as well as horizontally;

(2)

Inclusion of civic uses:

(3)

Locate higher density housing within or near neighborhood/village commercial areas, town centers and mixed use areas;

(4)

Design of street networks with multiple connections and relatively direct routes; and

(5)

Encourage shared use of parking areas and innovative parking design.

(G)

Off-Street Parking and Off-Street Loading Requirements. Off-street parking and off-street loading facilities shall be provided as set forth within section 158.221. Compact parking space standards may be used for up to thirty (30) percent of the total required spaces. A compact parking space shall have a minimum of seven and one-half-foot width and length of fifteen (15) feet. Shared or joint use of parking facilities between and among uses is permitted in town center and mixed use areas when:

(1)

There is a relationship among the land uses utilizing shared parking that will attract drivers to two (2) or more uses in a single strip; and

(2)

There is adequate linkage between the parking and each of the uses sharing the parking; and

(3)

The applicant has submitted a properly drawn legal instrument executed by the parties concerned showing agreement to such use and specifying the duration of the agreement; and

(4)

A shared parking analysis is submitted.

(H)

Provision for Public Facilities and Services. Provision shall be made within a MPUD District for all public facilities and services deemed essential by the City Council for location and establishment within that district. Required sites as provided for in either annexation/developer agreements or a DRI development order for facilities and services shall be of such sizes, proportions, and location so as to effectively serve their intended purposes in a manner beneficial to future residents of the development and to the city as a whole. These sites shall be dedicated to the city or other applicable public body as provided for in either annexation/developer agreements or a DRI development order.

(I)

Underground Utilities. Within a MPUD, all utilities, including telephone, television cable, and electrical systems shall be installed underground wherever possible (i.e. excluding transmission and distribution power lines). Appurtenances to these systems which require above-ground installation shall be effectively screened and, thereby, may be exempted from this requirement. Primary facilities providing services to the site of the MPUD may be exempted.

(J)

Open Space and Recreation Areas. Open space and recreational areas shall be provided consistent with Policy 1.1.47 of the city's comprehensive plan.

(K)

Wetlands and Uplands. Identification of extent and location of wetland and native upland habitat preservation areas.

(L)

Stormwater. Identification of the preliminary areas suitable to address stormwater management requirements. Stormwater retention areas should be consistent with South Florida Water Management District requirements, however retention area shapes and dimensions are conceptual and may be modified to accommodate final site plans.

(M)

Landscaping and Buffering. Landscaping and buffering requirements are subject to Chapter 154. An alternative landscape plan may be approved for a MPUD provided that it fulfills the purpose and intent of Chapter 154. Wherever essential to ensure compatibility, land use areas within a MPUD shall be suitably screened from each other and from adjacent development or roadways outside the MPUD by appropriate buffering materials. Buffering shall be provided by use of natural vegetation, landscaping berms, or decorative wood or masonry walls.

(N)

DRI Requirements. The applicant may be required to include one or more of the following to demonstrate compliance with the approved DRI development order conditions: an ecological survey, drainage study, recreation impact study or traffic study.

(Ord. No. 10-62, § 2, 8-9-10; Ord. No. 15-85, § 1, 12-7-15)

The procedure for rezoning of land is set forth within sections 158.315 through 158.322.

(A)

Applications, Materials to Be Submitted. In addition to information required for application for rezoning generally under sections 158.315 through 158.322, the applicant shall submit the following materials or data:

(1)

A statement presenting firm evidence of the unified control of the entire area within the proposed MPUD. The applicant shall state agreement to: proceed with the proposed development according to the provisions of these zoning regulations and any conditions as may be attached to the rezoning of the land to MPUD. All agreements and evidence of unified control shall be examined by the City Attorney and no rezoning of land to MPUD classification shall be adopted without a certification of the City Attorney that agreements and evidence of unified control meet the requirements of these zoning regulations.

(2)

A conceptual master plan and regulation book as specified in section 158.188. These are processed under sections 158.235 through 158.245.

(B)

Procedures. On applications for rezoning of land to MPUD classification, the Planning and Zoning Board and the City Council shall proceed in general as for other applications for rezoning of land and approval of a conceptual master plan:

(1)

The Site Plan Review Committee shall review each MPUD plan and vote to recommend approval, to recommend approval with conditions, or to recommend denial of the conceptual master plan. The recommendation shall be forwarded to the Planning and Zoning Board with the application.

(2)

In recommending rezoning of land to MPUD classification, the Planning and Zoning Board may recommend and the City Council may attach suitable conditions, safeguards, and stipulations, including but not limited to the following:

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

Provisions to be made for necessary public facilities or services required by the district or specified portions thereof, with dedication thereof to the City or other applicable entity; and

(g)

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

(3)

In the application of those conditions and stipulations, applicable standards set forth within the conventional zoning districts of this code shall be utilized wherever possible. Any conditions, safeguards, and stipulations made at the time of rezoning to MPUD shall be binding upon the applicant or any successors in interest. Deviations from approved plans or failure to comply with any requirement, condition, safeguard, or stipulation shall constitute a violation of these zoning regulations.

(Ord. No. 10-62, § 2, 8-9-10; Ord. No. 15-85, § 1, 12-7-15)

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

(Ord. No. 10-62, § 2, 8-9-10)

(A)

Changes in conceptual master plans approved as a part of the rezoning to MPUD may be permitted. Changes to an approved MPUD which would be considered major are as follows:

(1)

A change which would include a land use not previously permitted under the MPUD;

(2)

A change which would alter a land use type adjacent to a property boundary except where it is (1) a reduction in density, or (2) a reduction in the intensity of approved residential development unless the reduction locates the residential use adjacent to an incompatible use;

(3)

A change which would require an amendment to the City Council's conditions of approval;

(4)

A change which would increase the land use intensity within any development phase without a corresponding decrease in some other portion of the overall MPUD; and

(5)

An amendment to the phasing which would propose a land use in advance of the development it is designed to support.

(B)

Major changes in conceptual master plans shall require a rezoning application meeting all applicable requirements of this chapter for MPUD rezoning and are subject to the newspaper notice and public hearing requirements as set forth for rezonings in this chapter. For changes to conceptual master plans to include a land use not previously permitted or to change a land use type adjacent to a property boundary, notices shall be sent to owners of real property within the area subject to the change and within 750 feet of the boundary of the area subject to the proposed change.

(C)

The Planning and Zoning Director may consider and administratively approve the following minor changes to an approved MPUD:

(1)

Minor changes which do not trigger the standards listed under Section 158.192(A)

(2)

Reduction in the number of dwelling units or a decrease in floor area

(3)

Reduction in the number of dwelling units or floor area in one phase of the project with a corresponding increase in the number of units or square footage in another portion of the project

(4)

Minor changes to the configuration of uses, open space, stormwater, utility, and roadways to overcome a particular difficulty or to achieve a more functional and desirable use of the property than was originally anticipated provided the proposed changes do not alter the intent and purpose of the approved overall development plan, do not alter the intent and purpose of the associated NCD District concept plan, and do not conflict with a specific provision of the adopted MPUD approval.

(5)

Minor changes to maximum height limits that do not exceed thirty-six inches.

(D)

The Planning and Zoning Director may refer minor changes to an approved MPUD to the Site Plan Review Committee and/or the City Council Any denial of a proposed change by the Director or the Site Plan Review Committee may be appealed to the City Council. To apply for a minor change in conceptual master plans, the developer or his successors in interest shall submit the following information to the Planning and Zoning Director:

(1)

A written statement clearly setting forth all proposed changes in the conceptual master plan and regulation book, setting forth in comparable fashion all applicable plan data for both the currently approved conceptual master plan and regulation book.

(2)

Revised copy of the conceptual master plan containing all proposed changes.

(3)

Proof of ownership of the property(s) that is the subject of the proposed changes.

(E)

All major changes shall follow the procedure for rezoning to MPUD as specified in subsection 158.190(B). To apply for a change in conceptual master plans, the developer or his successors in interest shall submit the following information to the Planning and Zoning Director.

(1)

An up-to-date statement presenting evidence of unified control of the entire area within the MPUD and a renewed agreement to all provisions set forth in subsection 158.190(A)(1) and affected by the proposed changes.

(2)

A written statement clearly setting forth all proposed changes in the conceptual master plan and regulation book, setting forth in comparable fashion all applicable plan data and for both the currently approved conceptual master plan and regulation book.

(3)

Revised copy of the conceptual master plan containing all proposed changes.

(4)

A revised copy of all other documents or reports submitted as part of the original application and affected by the proposed changes.

(5)

Revised copies of any additional covenants, agreements, or stipulations made a part of the original approval action and affected by the proposed changes.

(Ord. No. 10-62, § 2, 8-9-10; Ord. No. 12-39, § 1(Exh. A), 8-13-12; Ord. No. 15-85, § 1, 12-7-15; Ord. No. 23-82, § 2(Exh. B), 1-8-24)

Editor's note— Ord. No. 23-82, § 2(Exh. B), adopted Jan. 8, 2024, amended § 158.192 and in doing so changed the title of said section from "Changes in conceptual plans" to "Changes in conceptual master plans," as set out herein.

Application for and consideration of any variances from the terms of an established MPUD district shall be in accordance with procedures set forth within sections 158.295 through 158.302.

(Ord. No. 10-62, § 2, 8-9-10)

No building permit or certificate of occupancy or zoning compliance shall be issued in or for development in a MPUD district except in conformity with all provisions of the rezoning to MPUD classification and plans submitted under section 158.237.

(Ord. No. 10-62, § 2, 8-9-10)

Existing MPUD districts for which conceptual master plans have been approved shall be eligible to proceed under the terms of the approval action of the plans.

(Ord. No. 10-62, § 2, 8-9-10)

Fees for the filing of MPUD applications and final development plans shall be established by the City Council.

(Ord. No. 10-62, § 2, 8-9-10)