The purpose of this article is to encourage the accomplishment of a more complete residential living environment through the application of enlightened and imaginative approaches to community development. This alternative should allow a variety of architectural styles, preserve natural features and scenic areas, reduce land consumption by roads while separating vehicular and pedestrian traffic, integrate open spaces and recreation areas within the development, establish neighborhood identity and focus, and be consistent with values of the village.

(Code 1977, app. A, § IX(A))

Although planned residential developments produced in compliance with the provisions and requirements of this article and other regulations as set forth and defined in this chapter may, except for dwelling unit density regulations, depart from the strict application of property development regulations for the district in which the planned residential development is proposed to be located, such developments are to be in compliance with the village comprehensive development plan, and platted of record in accordance with the procedures for approval of subdivision plats in chapter 66.

(Code 1977, app. A, § IX(B))

Where conflicts exist between the special planned residential development regulations in this article and general zoning, subdivision, and other applicable ordinance provisions, the special regulations in this article shall apply.

(Code 1977, app. A, § IX(C))

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. All definitions appearing in section 78-4 shall be applicable to this article except to the extent of inconsistency with any special definitions contained in this section.

Adult congregate living facility means an assisted living facility licensed by the Florida Agency for Health Care Administration (AHCA) which provides a family living environment or where a portion of space within the facility is used in common by the residents and where room, board, and personal care are provided to persons who are unrelated to the caregiver, to include the supervision and care necessary to meet physical, recreational, emotional, and social life needs of clients. These facilities may or may not provide education and training, and the level of intensity of care, as defined by AHCA, varies in each facility and various levels may exist within the same facility.

Planned residential development (PRD) means a residential development permitted as a special exception use only within the R-2 and MU zoning districts which maximizes the common use of open space and recreational areas. This is accomplished by permitting flexibility of site design by allowing and combining various building types and housing styles which do not necessarily correspond to the property development regulations of the zoning district in which the development is located. The entire land area of a PRD is under unity of title planned and designed to be developed in a single operation or by a series of prescheduled development phases according to an officially approved site plan which is subject to the site plan review process.

Single-family attached means a building or dwelling unit which is joined to another dwelling at one or more sides by a party wall.

Single-family attached—Zero lot line means single-family dwellings with one continuous windowless zero lot line side wall planned to accommodate cluster development creating a sheltered outdoor living area for each dwelling unit.

Single-family detached—Cluster design means single-family residences clustered in groupings where they are adjacent to areas of common ownership.

(Code 1977, app. A, § IX(D); Ord. No. 33-13, § 1, 10-10-2013)

The following general requirements and special regulations shall apply to all planned residential developments:

(1)

Location. As set forth in the schedule of use regulations in article VI, division 2 of this chapter, a planned residential development is permitted only as a special exception in the R-2 and MU zoning districts.

(2)

Permitted building height. The allowable heights for buildings shall be four stories or 50 feet above average finish grade.

(3)

Minimum area. No site shall qualify for a planned residential development unless the development consists of a contiguous area of at least three acres.

(4)

Unity of title. All land included for purpose of development within a planned residential development shall be under unity of title of the petitioner for such zoning designation, as provided for in section 78-7, whether that petitioner be an individual, partnership or corporation, or a group of individuals, partnerships or corporations. The petitioner shall present firm evidence of the unity of title of the entire area within the proposed planned residential development and shall state agreement that, if he proceeds with the proposed development, he will:

a.

Do so in accord with the officially approved site plan of the development, and such other conditions or modifications as may be attached to the special exception.

b.

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

c.

Bind his development successors in title to any commitments made under subsections (4)a. and b. of this section.

(5)

Configuration of site. Any tract of land for which a planned residential development application is made shall contain sufficient width, depth, and frontage on a publicly dedicated arterial or major street or appropriate access thereto to adequately accommodate its proposed use and design.

(6)

Permitted uses. Permitted uses are as follows:

a.

Any uses within the specific zoning districts which are listed in the schedule of use regulations in article VI, division 2 of this chapter as a permitted use, accessory use, or special exception.

b.

Single-family detached—Cluster design.

c.

Single-family detached—Patio home design.

d.

Single-family attached—Zero lot line.

e.

Group home and congregate living facilities.

(7)

Site plan approval.

a.

The application content and process by which a planned residential development shall be reviewed and acted upon by the village council shall be the same as those provided for in article IX, division 2 of this chapter.

b.

Each approved site plan, or phase thereof, shall also be platted prior to the issuance of a building permit for any land included within the site plan.

(8)

Platting. Each plat for a planned residential development shall be in compliance with the provisions of F.S. ch. 177 and chapter 66.

(9)

Development phasing controls. Should a planned residential development be constructed in phases, in addition to the requirements of article IX, division 2 of this chapter, the following sequence must be adhered to:

a.

If a major recreation facility is planned to serve the development, it shall be platted prior to the platting of more than 40 percent of the total permitted dwelling units.

b.

The gross density of an individual plat shall not exceed the maximum number of dwelling units permitted in the particular zoning district within which the PRD is located for that portion of the PRD platted as residential area, as set forth in subsection (10)a. of this section, unless the particular plat being considered, in conjunction with all previously recorded plats of record, produces an average density less than or equal to the approved maximum density for the entire planned residential development.

(10)

Area limitations for specific uses.

a.

The following percentage expresses the maximum area of the planned residential development which the specific uses may occupy:

Residential: 65 percent of gross land area.

b.

All planned residential developments shall contain areas at least equal to the following minimums:

Open space: 35 percent of gross land area.

(11)

Required public facilities and services. No building permits or development orders shall be issued unless public facilities and services which meet or exceed the adopted level of service standards are available concurrent with the development impacts. Compliance with this requirement may be accomplished through one or more or a combination of the following processes:

a.

Install all required public facilities/infrastructure/services prior to or concurrent with the development impacts.

b.

Phasing of all required public facilities/infrastructure/services:

1.

By local government (capital improvements element).

2.

By the developer (development agreements).

c.

Phasing of the development.

(Code 1977, app. A, § IX(E); Ord. No. 33-13, § 1, 10-10-2013; Ord. No. 6-14, § 4, 3-13-2014)

Property development standards for planned residential developments are as follows:

(1)

Applicability of district regulations. As a basis for the preparation of a planned residential development application, or any future modification thereof subsequent to the initial review and approval, the development shall be guided by the regulations contained in this article along with the site and district regulations, except for building or structure height requirements as set forth in section 78-225(2), applicable to the specific zoning district within which the PRD is proposed. However, as part of the review and approval process by the village, the village council may modify such regulations for the PRD, provided the spirit and intent of this chapter are complied with in the total development of the PRD. The village council may, at its discretion, require adherence to established zoning district requirements within certain portions of the site if deemed necessary in order to maintain the spirit and intent of this chapter. However, under no circumstance shall the overall dwelling unit density exceed the maximum number of dwelling units permitted in the particular zoning district within which the PRD is located for that portion of the PRD platted as residential area.

(2)

Maximum permitted site coverage. The total ground floor building area of all buildings and structures shall not exceed 30 percent of the total site area of the PRD or development phase.

(3)

Design of single-family residences.

a.

Single-family detached design (separate). If a portion of the planned residential development is proposed as a standard single-family development, the minimum lot area and dimensions shall be as follows:

The single-family detached dwelling unit shall meet the setback requirements of the district in which the PRD is located.

b.

Single-family detached design (cluster).

1.

Single-family residential houses may be clustered in groupings where they are adjacent to areas of common ownership. No minimum lot area or dimensions shall be required for such structures. Separation between structures shall meet the following minimum distances:

2.

In addition, structures shall meet the following setbacks from right-of-way:

3.

In any planned residential development containing structures on lots permitted by this subsection, ownership of the common areas, which includes open space, shall be held by either:

i.

The lot owners, in which event each lot owner shall have an undivided interest in the common areas which shall be appurtenant to this lot. The undivided interest in the common area shall not be conveyed separately from the ownership of the lot;

ii.

A property owners' association; or

iii.

A combination of subsections (3)b.3.i and ii of this section.

4.

If any residential unit built under this subsection is destroyed or removed by or for any cause, if replaced, such unit shall be replaced with a unit of at least similar size and type, however, not exceeding the dimensions of the previous unit.

c.

Single-family detached design (patio home design).

1.

If any portion of a planned residential development has proposed cluster development pursuant to this article, the minimum lot area and dimensions shall be as follows:

2.

Patio home lots shall be conveyed in fee simple. The minimum setback requirements shall be as follows:

However, the minimum front yard setback for a garage or carport shall be 25 feet. In all cases, easements located on any lot developed pursuant to this subsection shall be calculated as an integral part of the applicable setback. No construction shall be permitted within an established easement. No overhangs shall be permitted to project into easements or over any zero lot line.

3.

The maximum height shall be 35 feet above grade. The maximum lot coverage of the building shall not exceed 50 percent of the lot area. In all cases, at least 20 percent of the lot area shall be maintained as permeable area in landscaped open space. Semipermeable paving devices shall not be calculated towards the 20 percent permeable area requirement.

4.

Any planned residential development containing structures on lots permitted by this subsection shall have a zero lot line along one side interior property line so as to create a sheltered private outdoor recreation area for each dwelling unit. On every lot created pursuant to this subsection, walls or fences shall be constructed along the side interior property lines at least four feet, and not to exceed six feet, in height.

5.

If any residential unit built under this subsection is destroyed or removed by or for any cause, such unit, if replaced, shall be replace with a unit of at least similar size and type, however, not exceeding the dimensions of the previous unit. The developer shall include the appropriate deed restrictions and/or covenants so as to require replacement as outlined in this subsection.

6.

Each patio home shall have a minimum of two parking spaces.

d.

Single-family attached design (zero lot line).

1.

Residential structures may be placed on any two or more lots contiguous to the interior property line common to their ownership. No minimum lot area or dimensions shall be required for such structures. No openings of any kind shall be permitted on the interior property line wall.

2.

Separation between townhouse clusters shall meet the following minimum distances:

3.

In addition, structures shall meet the following setbacks from right-of-way:

There shall be no required setback from parking tracts.

4.

In any planned residential development containing structures on lots permitted by this subsection, ownership of the common areas, which includes open space, shall be held by either:

i.

The lot owners, in which event each lot owner shall have an undivided interest in the common areas which shall be appurtenant to this lot. The undivided interest in the common area shall not be conveyed separately from the ownership of the lot;

ii.

A property owners' association; or

iii.

A combination of subsections (3)d.4.i and ii of this section.

5.

In any planned residential development containing structures on lots permitted by this subsection, the developer shall agree to provide agreements, covenants or deed restrictions running with the land. The agreements, covenants or deed restrictions shall provide for the maintenance of the common areas. They shall also provide that the portion of the plat containing open space may not be vacated in whole or in part unless the entire plat is vacated. If any residential unit built under this subsection is destroyed or removed by or for any cause, if replaced, such unit shall be replaced with a unit of at least similar size and type, however, not exceeding the dimensions of the previous unit.

6.

A townhouse cluster shall be constructed as a whole, and no certificate of occupancy for a townhouse unit shall be issued until completion of that whole.

(4)

Multiple-family design. The design and site development for multiple-family structures shall be guided by the schedule of site regulations in section 78-143 for the district within which the PRD is located.

(Code 1977, app. A, § IX(F))

All planned residential developments shall observe and accommodate in the design solution the following objectives and requirements:

(1)

General objectives.

a.

A suitable residential environment shall be provided by utilizing the potential advantages of the site, including suitable placement of the buildings and facilities in relation to the site and surrounding influences.

b.

Adequate open space related to buildings and other land improvements shall be provided.

c.

Required off-street parking facilities shall be conveniently located within a reasonable distance to the dwelling unit.

d.

Existing trees and other natural features of the site shall be preserved.

e.

The appearance of the buildings and grounds shall be enhanced with supplemental plantings to screen objectionable features and to control noise from areas or activities beyond the control of the PRD.

f.

All of the elements of the site plan shall be harmoniously and efficiently organized in relation to topography, the size and shape of the tract, the character of adjoining property, and the type and size of the buildings, in order to produce a livable economical land use pattern.

g.

Arrangements of buildings shall be in favorable relation to the natural topography, existing desirable trees, views within and beyond the site, and exposure to the sun and other buildings on the site.

(2)

Access and circulation.

a.

Principal vehicular access points shall be designed to encourage smooth traffic flow and minimize hazards to vehicular or pedestrian traffic. Merging and turning lanes and traffic medians shall be required where existing and anticipated heavy traffic flows indicate needed controls. Minor streets within the PRD shall not connect with minor streets in adjacent developments in such a way so as to encourage through traffic. In addition, visibility triangles of 25 feet in both directions from the point of intersecting lot lines shall be maintained at all intersections.

b.

Access to the dwellings and circulation between buildings and other important project facilities for vehicular and pedestrian traffic shall be comfortable and convenient for the residents.

c.

Access and circulation for firefighting equipment, furniture moving vans, garbage collection, deliveries and other large utility vehicles shall be planned with the appropriate design criteria as determined by the village engineer.

d.

Streets shall not occupy more land than is required to provide access as indicated, and shall not create unnecessary fragmentation of the development into small blocks, nor shall streets be so laid out or constructed as to interfere with desirable drainage in or adjacent to the development.

e.

All major streets shown on the approved site plan as arterials or collectors shall be limited access facilities and the only vehicular access thereto shall be by public street.

f.

Arterial and collector streets shall connect with similarly classified streets in adjacent developments. If no streets exist, the village engineer shall determine whether future connections are likely and desirable and shall have the authority to alter the design of the PRD to accommodate his judgment.

(3)

Garbage and refuse collection.

a.

Outdoor collection stations shall be provided for garbage and trash removal in a planned residential development 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. Such stations shall be provided with self-closing gates to provide access to the containers.

c.

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

(Code 1977, app. A, § IX(G))

(a)

Permanent structures and facilities. No residential construction permits shall be issued unless the site plan has been approved and the final plat for the entire development or phase of development has been recorded as a plat of record. However, permits for permanent structures and facilities may be issued prior to recording a final plat but not before the overall site plan has been approved under the following conditions for the following uses:

(1)

Sales model, erected on the site pursuant to all applicable codes and ordinances. The number of sales models shall not exceed eight in number, and they shall not be connected to water and sewer facilities until a plat of record has been recorded for the master plan area in which the models are located. One of the sales models may be used for a temporary real estate sales office if sanitary facilities are approved by the appropriate government agencies.

(2)

Gate house, for internal project security, if not in conflict with right-of-way and setback requirements of this chapter and chapter 66.

(3)

Public utility or private service and accessory building and structure, if in compliance with all applicable rules and regulations governing such facilities.

(4)

Accessory recreation facility and club, in conjunction with the open space or recreation land use system of the planned residential development.

(b)

Temporary structures and facilities. Permits for temporary structures may be issued prior to recording a final plat but not before site plan approval by the village council under the following conditions for the following uses:

(1)

Construction trailer. Use of this facility shall be limited to storage and on-site office work. The facility is not to be inhabited overnight.

(2)

Watchmen mobile home. Use of this facility allows overnight habitation if in compliance with the following:

a.

The mobility of the vehicle used as a mobile home or house trailer shall be maintained.

b.

Sanitary facilities must have approval of all governmental agencies having appropriate jurisdiction and permits and inspections for necessary electric and water supply and sewage disposal facilities must be obtained from the village department of community development.

c.

The temporary permit shall be valid for a period of one year.

d.

Requests for extensions of time beyond the initial one-year approval shall be made to the village council on forms prescribed by the village. In no case shall the total time exceed a maximum of two years for the initial approval and subsequent extensions.

e.

Execution of a notarized mobile home removal agreement is required.

f.

No addition or adjuncts shall be permitted to the mobile home except approved awnings and demountable screen panels.

(Code 1977, app. A, § IX(H))