The purpose and intent of this article, is to permit and facilitate the limited development of certain commercial areas, with a combination of appropriate commercial uses together with fee-simple, residential uses, which by virtue of the planned commercial development ("PCD"), are uniquely compatible, harmonious, and mutually complimentary with adjacent development and the community as a whole. Examples of appropriate commercial uses for a PCD include, but are not limited to, business services and offices, professional services, personal services, restaurants, health and fitness centers, and small-scale specialty retail sales and services. Consideration should be given as to whether a proposed commercial use, which may otherwise be a permitted commercial use in the C-2 zoning district, would be incompatible, inappropriate, and an unsuitable use when joined with residential uses. Only commercial uses, which are permitted by right in the C-2 zoning district, are allowed within a PCD.

Commercial uses which are blended with residential uses in a PCD, are intended to serve the residents of the entire village, and not just the residents of the PCD. Commercial uses within a PCD must be open to the general public and shall not be limited to use only by the residents of the PCD. The proposed commercial uses for the PCD must be identified by the time the special exception request is reviewed by village council, and at that time, the petitioner must provide the village council with details concerning the hours of operation of each commercial use, the estimated square footage of each commercial use, the estimated number of employees for each commercial use, the estimated number of consumers or users of each commercial use, the amount of parking to be dedicated to employees and users of the commercial uses, and any other additional information that the village council may reasonably require in their review of the special exception request for approval of a PCD use.

The design and architecture of the PCD shall result in a cohesive, innovative structure, with architectural significance, preserving existing trees and other natural features on the site, and integrating open spaces and common areas. The use of open space squares, plazas, passive parks, courtyards, loggias, colonnades, walkways, fountains, connections between buildings, common areas, pedestrian linkages, recreational areas and other public spaces where people may congregate socially and recreationally is encouraged.

PCD's shall be designed to promote unimpeded pedestrian circulation and reduce the number and length of vehicular trips. The buildings shall be strategically placed to allow residents and consumers to circulate and access their destinations without having to return to their vehicles to reach each destination within the PCD.

(Code 1977, app. A, § IX-A(A); Ord. No. 605, § 5, 5-18-2006)

Although planned commercial developments produced in compliance with the provisions and requirements in 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 commercial development is proposed to be located, such developments are to be in compliance with the village's 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-A(B); Ord. No. 605, § 5, 5-18-2006)

Where conflicts exist between the special planned commercial 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-A(C); Ord. No. 605, § 5, 5-18-2006)

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.

Planned commercial development (PCD) means a contiguous tract of land which functions as a self-contained and readily identifiable development which accommodates a variety of predetermined commercial and residential uses and/or mix of such uses in well-planned development. An increased use of open space and common areas is encouraged to complement the overall development. Flexibility of site design allows for deviation from standard site development regulations of the zoning district in which the development is located. PCDs not only allow for combining various building types and uses, but also allow for compatible mixed use within buildings and structures through an approved architectural style. The entire land area of a PCD must be under unity of title, and be planned and designed to be developed in a single operation or by a series of prescheduled development phases, according to an officially approved master site plan which is subject to the site plan review process.

(Code 1977, app. A, § IX-A(D); Ord. No. 605, § 5, 5-18-2006)

Cross reference— Definitions generally, § 1-2.

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

(1)

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

(2)

Property development regulations. Table inserts containing property development standards for the C-2 district at section 78-143, and table inserts containing property development standards for the MU district at subsection 78-180(m)(4) shall apply to all PCD development, with the additional following provisions:

a.

Setbacks. If any side or rear yard abuts a residential use, the village council may increase the required rear or side yard set-back by up to an additional ten feet.

b.

Minimum site area, percentage of use. No site shall qualify for a PCD unless the development consists of a contiguous area of at least three acres. Neither the overall commercial or the overall residential land use, shall occupy more than 60 percent of the PCD.

c.

Maximum lot coverage and minimum living area requirements. The maximum lot coverage shall not exceed 40 percent. The minimum living area requirement for any residential unit in a PCD shall not be less than 1,000 square foot per unit.

d.

Open space. The minimum percentage of landscaped open space in any PCD is 25 percent of the PCD.

e.

Building height. The permitted height for buildings in a PCD shall not exceed four stories or 50 feet.

(3)

Residential areas to be subject to a declaration of covenants and restrictions. All residential units in the PCD and certain other real property as legally described in the PCD site plan, shall be held, transferred, sold, conveyed and occupied, subject to a declaration of covenants and restrictions formed and created in accordance with Florida law by a community association for the purpose of regulating, controlling, and maintaining the residential component of the PCD. Every person or entity, upon acquisition of fee simple title of any unit, shall automatically become a member of the community association. Membership shall be appurtenant to and may not be transferred or separated from the ownership of any unit which is subject to the declaration of covenants and restrictions. All residential units in the PCD shall be subject to fee simple ownership and the governing documents shall prohibit the use of property subject to the declaration of covenants and restrictions from being used as a time share, rooming house, hotel or motel, apartment complex or from being rented for a time period less than six months. The proposed declaration of covenants and restrictions shall be subject to the review and approval as to compliance with this section by the village attorney prior to the sale or conveyance of any residential unit by the developer.

(4)

Parking garages. Parking garages, or portions of parking garages, which are above natural grade, shall be counted as a story for purposes of measuring overall building height. Subterranean parking garages and/or storage area which are below natural grade shall not be used in calculating overall building height in the same manner as provided in the definition of basement. See section 78-4. Subterranean parking garages and/or storage areas shall not exceed the footprint of the principal structure. The declaration of covenants and restrictions for the community association which will govern the residential portion of the PCD, shall contain a schedule of the residential dwelling units by unit number and legal description, together with the parking number(s), location(s) and legal description of the parking space(s) to be assigned and conveyed with the initial sale of each dwelling unit by the developer. The declaration of covenants and restrictions shall expressly prohibit the sale, conveyance, transfer or other form of attempted severance of a parking space(s) from the unit to which it was initially assigned in and by the declaration.

(5)

Building use. The sidewalk level story (first story) of any building in a PCD shall be limited to permissible commercial uses, and shall be pedestrian oriented. Residential dwelling units, if any, within any building in a PCD must be located in stories above the first story. Live/work lofts are not permitted in the PCD.

(6)

Unity of title. All land included for purpose of development within a PCD shall be held by the property owner of record under unity of title whether that property owner is an individual, partnership or corporation, or a group of individuals, partnerships or corporations. The property owner or the owner's agent must present written evidence of the unity of title of the entire area within the proposed PCD and must provide a written agreement to the village stating, that, if the owner proceeds with the proposed PCD, the owner will:

a.

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

b.

Provide agreements, covenants, contracts, deed restrictions, or sureties acceptable to the village to guarantee the completion of the undertaking in accordance with the approved master site plan, as well improvement bonds and other similar documents providing for the continuing operation and maintenance of such areas, functions, and facilities which are not to be provided, operated, or maintained at general public expense by the village or another entity with jurisdiction.

c.

Bind the property owner's development successors in title and assignees, to any commitments made under subsections (5)a. and b. of this section.

The evidence of unity of title and the proposed development agreement as required by this paragraph shall be subject to the review and approval as to form and legal sufficiency by the village attorney.

(7)

Configuration of site. Any tract of land for which an application for PCD approval is requested, shall contain sufficient width, depth, and frontage on a publicly dedicated arterial or major street, or appropriate access thereto in order to adequately accommodate its proposed use and design of the PCD. At least one portion of the perimeter of any PCD shall be located on an arterial road as defined by the village's comprehensive plan.

(8)

Permitted uses. Permitted uses are as follows:

a.

Residential uses.

1.

If residential dwellings are to be constructed as part of a commercial building in a PCD, the residential dwellings shall be located only within, or as an integral part of the main buildings.

2.

Any fee simple use within the R-2, R-3 and MU zoning districts which are listed in the schedule of use regulations in article VI, division 2 of this chapter as a permitted use.

3.

Adult congregate living facilities.

b.

Commercial uses.

1.

Retail sales and service.

2.

Business service.

3.

Professional service.

4.

Personal service.

5.

Restaurant, bakery.

6.

Theatre.

7.

Health and fitness facility.

8.

Other similar low-intensity commercial uses which the village council determines are uniquely appropriate and compatible with the other proposed commercial uses for the PCD, the proposed residential uses, and the existing surrounding uses, may be permitted after considering the public demand for the proposed use, the public benefit to be derived from the proposed use, and whether the proposed use will be injurious to the area involved, or otherwise detrimental to the public health, safety, and welfare; and the size, density operating hours, traffic impacts of the proposed use.

c.

Recreational uses. Any use within the R/OP zoning district which is listed as a permitted use, accessory use or special exception.

(9)

Conceptual and site plan review.

a.

All applications for the development of a PCD as a special exception use in a C-2 or MU zoning district are subject to conceptual plan review as provided for in article IX, divisions 2 and 3 of this chapter. In formulating a conceptual plan for a proposed PCD, the special exception petitioner shall strictly comply with the requirements of section 78-370, and at a minimum, the conceptual plan shall address items 1. through 11. of section 78-370(b). In addition, the site plan application content and process by which a PCD 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, together with the applicable portions of this article if additional building height is requested.

(10)

Platting. Each plat for a PCD shall be in compliance with the provisions of F.S. ch. 177.

(11)

Development phasing controls. Should a PCD 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 residential land area is planned as part of a PCD, it shall not be platted without the platting of any commercial land area.

b.

If residential dwellings are to be constructed as part of a commercial building in a PCD, the residential dwellings shall be located only within, or as an integral part of the main buildings; however, the residential dwellings shall not be issued a certificate of occupancy prior to issuance of a certificate of occupancy for the commercial occupancy of the main buildings.

(12)

Architectural theme. The initial development of a PCD, or any subsequent phase thereof, shall follow a common architectural theme throughout the entire development. The petitioner must provide a description and examples of architectural styles to be utilized within the PCD, including but not limited to the overall design characteristics; roof types; window types; common features and decorative elements and embellishments such as cornices; door and entries; pedestrian amenities; and signage. There must be equal architectural treatment on all four sides of any building. The theme shall be established during the conceptual plan review process and then maintained through the development process.

(13)

Total residential dwelling unit density. For the purpose of this article, if dwelling units are to be developed as part of a PCD, regardless of whether the PCD is developed in phases or not, the total number of dwelling units permitted in the PCD, shall be computed on the basis of 18 dwelling units per gross acre of that portion of the PCD which is platted as commercial and residential area.

(14)

Required public facilities and services. No building permits or development orders shall be issued unless public facilities and services which meet or exceed the current adopted level of service standards, are available concurrent with the development impacts. Compliance with this requirement may be accomplished through one or more 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-A(E); Ord. No. 605, § 5, 5-18-2006; Ord. No. 33-13, § 2, 10-10-2013; Ord. No. 6-14, § 5, 3-13-2014)

Design standards for PCD's are as follows:

(1)

Waivers. As a basis for the preparation of an application for special exception approval, conceptual plan approval, site plan approval, or any future modifications thereto, which may occur subsequent to the initial review and PCD approval, the development of the PCD shall be guided by the regulations contained in this section, together with the requirements of sections 78-255 and 78-257. However, as part of the site plan review and approval process, the village council may waive regulations for the PCD set forth in this article, except for building height requirements, density requirements, requirements associated with concurrency management, and requirements for the preservation of environmentally sensitive lands provided that the spirit and intent of this chapter are complied with in the total development of the PCD, and community benefits such as architectural design, pedestrian amenities, preservation of environmentally sensitive lands, provision of public parks and open space, or mixed uses result in reduced impacts on village services are demonstrated. For purposes hereof, a waiver is defined as a reduction in a development standard or other land development requirement normally required by this article.

(2)

Waiver procedure. The grant of a waiver from the requirements applicable to a PCD, shall be made by the village council, following an advisory recommendation by the village planning and zoning board. All requests for waivers must be submitted in writing and accompany a development order application for the PCD. A request for the village council to approve a waiver from one or more of the standards and requirements applicable to a PCD, shall comply with a majority of the criteria listed below:

a.

The request is consistent with the village's comprehensive plan.

b.

The request is consistent with the purpose and intent of this article.

c.

The request supports and furthers the village's goals, objectives, and policies of a PCD as set forth in section 78-252, the design criteria of section 78-257, and other standards set forth in this article, which include, but are not limited to, pedestrian amenities, increased open spaces, architectural significance, and the limited development of certain commercial areas with a combination of appropriate commercial uses together with fee-simple, residential uses, which by virtue of the planned combined-use development, are uniquely compatible, harmonious, and mutually complimentary.

d.

The granting of the request will not result in a development that exceeds one or more of the minimum requirements for a PCD.

e.

The request results from innovative design in which other minimum standards are exceeded.

f.

The request clearly demonstrates the public benefits to be derived, including but not limited to, the use of desirable architectural, building, and site design techniques.

g.

Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by the request.

h.

The request is not based solely or predominantly on economic reasonsand there are special circumstances and conditions that warrant the waiver.

i.

The request will be compatible with existing and potential land uses adjacent to the development site.

j.

The request demonstrates that the granting of the waiver will result in the preservation of valuable natural resources, including environmentally sensitive lands, drainage and recharge areas, and coastal areas.

k.

The request demonstrates that the development will be in harmony with the general purpose and intent of this article, and will not be injurious to the area involved, or otherwise detrimental to the public health, safety, and welfare.

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 article.

(3)

Commercial and residential design regulations.

a.

Off-street parking. Minimum off street parking and loading requirements determined by the specific commercial or residential use.

b.

Enclosed uses. All commercial uses shall be operated entirely within enclosed buildings except for the following uses: sidewalk cafe and drive-in, drive-through, or walk-up service window facilities, i.e., laundry, dry cleaning, and banking facilities.

c.

Operating hours. No commercial use shall commence business activities (including delivery and stocking operations) prior to 8:00 a.m. or continue activities later than 11:00 p.m. except as otherwise provided in this chapter or by the village council as part of the approval process.

d.

Lighting. Artificial lighting used to illuminate the premises and/or advertising copy shall be directed away from adjacent properties and shall be extinguished no later than 11:00 p.m.

e.

Outdoor storage. Outdoor storage facilities are prohibited in a PCD. No outdoor storage of merchandise shall be permitted. Outdoor storage of boats, trucks, trailers, and recreational vehicles and other similar items that normally cannot be parked or stored at a residence is prohibited.

f.

Access. Access to commercial facilities shall be from an arterial or collector road which is part of the interior circulation system within the PCD. No commercial facility shall maintain frontage, direct view, or physical access on or from any local or neighborhood roads. A thoroughfare plan indicating the primary, secondary, arterial, tertiary, and main street roadways throughout the PCD shall be provided at the time the site plan application is submitted to the village. If possible, the plan shall establish a grid system or related pattern that allows for pedestrian linkages and visual enhancements. In addition, the plan shall provide a design theme for project-wide shared elements, such as the use of a common hardscape theme (i.e., pavers, brick, crosswalks, curbing, etc.); minimum sidewalk widths; the use of awnings, canopies and shade materials; lighting standards; street furniture; bike paths; median and parkway landscaping; locations of on-street parking; pedestrian linkages and thoroughfares; parkway areas; parking plan; connections between buildings, etc.

(Code 1977, app. A, § IX-A(F); Ord. No. 605, § 5, 5-18-2006)

All PCD's shall observe the following objectives and requirements:

(1)

General objectives.

a.

A suitable mixed-use commercial/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.

Off-street parking facilities shall be conveniently located within a reasonable distance to dwelling units and commercial uses.

d.

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

e.

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 PCD.

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 the adjoining property, and the type and size of the buildings, in order to produce a livable economic 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 in a PCD, 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 PCD 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. Plantings shall not exceed two and one-half feet in any visibility triangle.

b.

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

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.

d.

Streets shall not occupy more land than is required to provide access as indicated, or 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 controlled access facilities and the only vehicular access thereto shall be by public streets.

f.

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

(3)

Garbage and refuse collection.

a.

Outdoor collection stations shall be provided in a PCD 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. The stations shall be equipped 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-A(G); Ord. No. 605, § 5, 5-18-2006)

(a)

Permanent structures and facilities. No residential or commercial 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)

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

(3)

Accessory recreation facility and club, in conjunction with the open space or recreation land use system of the planned commercial 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 notarized mobile home removal agreement is required.

f.

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

(Code 1977, app. A, § IX-A(H))