The purpose of this district is to stimulate the reinvestments necessary for the viable redevelopment of existing commercial, industrial and residential districts by permitting land under unified control to be planned and developed as a whole. Planned unit development substitutes performance standards and design review for the more restrictive controls of conventional zoning. This enables a more creative design approach allowing planned diversification in location and types of structures and permitted uses. These regulations are intended to provide a design review procedures based upon performance standards which will preserve and enhance the aesthetic qualities of the City, encourage large-scale land assembly and promote redevelopment and infill development. The following objectives are established as the purpose for creating an Urban Infill/Redevelopment Planned Unit Development (PUD) District:

(A)

To establish and maintain municipal control over the eventual character of development through a design review process that ensures conformance with the Comprehensive Plan, other goals, objectives and policies of the City, and the ULDR; and

(B)

To encourage the development of a mixture of low and midrise office buildings with ancillary ground floor retail space, structured parking oriented away from the street, residences and private/public open space within areas in need of redevelopment; and

(C)

To encourage the assembly of land parcels and their more efficient utilization to reduce developmental costs and provide a more sustainable community; and

(D)

To preserve to the greatest extent possible existing amenities such as landscape, natural terrain, river shoreline and other outstanding topographical and geological features; and

(E)

To provide for adequate and suitably located open space and recreation areas for the projected population of the development and surrounding community; and

(F)

To provide adequate transportation infrastructure to prevent the over burdening of existing streets and parking facilities; and

(G)

To encourage urban infill development and redevelopment and to provide adequate housing opportunities necessary for all segments of the present and future population of the City by the application of the flexibility provisions of the Broward County Comprehensive Plan; and

(H)

To encourage mixed-use development within urban infill, urban redevelopment and revitalization areas of the City by the application of the Urban Infill/Redevelopment Planned Unit Development District.

(Ord. No. 873, § 2, 7-12-05; Ord. No. 2021-018, § 2, 12-14-21)

The definitions listed below will have the following meanings within this article:

(A)

Board shall mean the Planning and Zoning Board of the City of Wilton Manors.

(B)

FLUM shall mean the Future Land Use Map.

(C)

Planned unit development shall mean land under unified control, planned and developed as a single entity or in approved stages, in conformity with an approved site plan, specific development standards set forth in the PUD document, and development schedule.

(D)

PUD document shall mean a document that contains all of the zoning and land development regulations that will govern the development and use of the PUD, including specific development standards (i.e. building height, required setback, density, minimum lot area, landscaping, parking, open space, lot coverage, sign regulations, etc.) and list of permitted, conditional and prohibited uses. The approved site plan may be utilized in conjunction with this document to specify certain development standards through graphical and text representations. The approved PUD Document and site plan shall be exhibits to the ordinance approving the rezoning to PUD.

(Ord. No. 871, § 2, 5-10-05; Ord. No. 2021-018, § 2, 12-14-21)

(A)

There are three (3) types of PUD districts, as identified below. All permitted uses are subject to subparagraphs (A), (B) and (C).

(1)

PUD-R.

a.

Permitted location. PUD-R is intended for location on a property with a residential FLUM designation.

b.

Permitted uses.

1)

Residential uses, in any arrangement or combination of dwelling types, but not to exceed the total number of units permitted by the underlying residential Future Land Use Plan Map designation(s) of the Comprehensive Plan for the subject parcel;

2)

Public recreation and open space uses.

(2)

PUD-M.

a.

Location. PUD-M is intended for location on property with residential, community facilities, Transit Oriented Corridor and/or commercial FLUM designations.

b.

Permitted uses. At least two (2) uses must be proposed. All residential dwelling types, all non-residential uses permitted by the underlying land use plan designations, and public recreation and open space uses, with the number of residential units not to exceed the total number of dwelling units permitted by the underlying residential future land use plan map designation(s), and the amount of commercial acreage not to exceed the acreage of land designated commercial on the FLUM within the PUD. Permitted uses shall be subject to the provisions of subsection (C), below. Use of the flexibility, reserve or redevelopment units may be necessary to achieve a mix of uses, depending upon the type and location of underlying FLUM designations for the subject parcel.

(3)

PUD-C.

a.

Permitted location. PUD-C is intended for location on a property with a Transit Oriented Corridor, commercial and/or community facility FLUM designation.

b.

Permitted uses. All non-residential uses permitted by the underlying land use plan designations, and public recreation and open space in any arrangement or combination of uses but not to exceed the total intensity of use that would be permitted in the underlying FLUM designation(s). Permitted uses shall be subject to the provisions of subsection (C), below.

(B)

Permitted and conditional uses shall be as outlined in the approved PUD document, within the scope of uses permitted in this Article, and consistent with the Comprehensive Plan. Uses that are incompatible with other permitted and conditional uses of adjacent zoning districts shall not be permitted unless specific buffering, locational restrictions or other mitigation is required in the PUD document.

(C)

Future land use plan map designations and flexibility provisions.

(1)

All permitted uses must be consistent with those of the underlying future land use plan map designation. For example, a PUD-M with underlying commercial and residential FLUM designations must be developed with commercial uses located within the commercially designated portion of the PUD, and residential uses located within the residentially designated portion of the PUD.

(2)

Flexibility provisions are a function of the Wilton Manors Comprehensive Plan and Broward County Land Use Plan, which are fully explained within the implementation requirements portion of the City's Future Land Use Element and incorporated by reference in these regulations. Flexibility provisions generally, and within strict limits, allow land designated commercial on the future land use plan map to be used for residential purposes; for land designated residential to be used for limited commercial purposes; and for land designated residential to be developed at a higher density than the land use plan map designation allows. Further clarification is provided, as follows:

a.

A PUD overlaying one or more residential land use plan map designations may be developed with the total number of residential dwellings allowed by the particular plan designations within the property. For example, if two (2) acres are designated for five (5) dwellings per acre and one acre is designated for ten (10) dwellings per acre, the total number of allowable dwelling is twenty (20). Commercial and office uses, or additional residential units, would only be permitted subject to the future land use plan element mixed-use and flexibility provisions.

b.

A PUD with an underlying commercial land use plan map designation will not permit residential uses without the application of the flexibility rules.

(3)

Flexibility, reserve or redevelopment units may be allocated to an urban infill/redevelopment PUD at the time of rezoning approval in accordance with the provisions of the Comprehensive Plan.

(Ord. No. 871, § 2, 5-10-05; Ord. No. 873, § 2, 7-12-05; Ord. No. 1003, § 2, 4-10-12; Ord. No. 2021-018, § 2, 12-14-21)

All land included for the purpose of development within a planned unit development district shall be under the control of the applicant (an individual, partnership, corporation or group of individuals, partnership or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed planned unit development. The applicant in the application for rezoning shall agree to the following:

(A)

To proceed with the proposed development according to the provisions of these regulations and all standards outlined in the approved PUD document, approved final site plan, restrictions, covenants, and agreements and any conditions established as part of the rezoning of the land to planned unit development.

(B)

To provide agreements, contracts, covenants, deed restrictions and sureties acceptable to the City for completion of the development according to the plans and development schedule approved at the time of rezoning to planned unit development and for the continuing operation and maintenance of such areas and facilities which are not proposed to be provided, maintained or operated at public expense.

(C)

To bind their successors in title to any commitments made under the above. All agreements and evidence of unified control are to be examined and approved by the Community Development Services Director or designee, and the City Attorney for certification to the PZB and City Commission that such agreements and evidence of unified control meet the intent of these regulations.

(D)

If the development includes common open space, associations or non-profit corporations conforming to these regulations and the applicable laws of the State of Florida shall be formed to administer the operation and maintenance of these areas and facilities.

(Ord. No. 848, 10-14-03; Ord. No. 871, § 2, 5-10-05; Ord. No. 2021-018, § 2, 12-14-21)

All PUDs shall be subject to the development standards specifically established within the PUD document for the given PUD. The standards approved by the City Commission shall govern all use and development of the PUD. The total number of dwelling units permitted in the PUD shall not exceed the total number of units permitted by the Future Land Use Element of the Wilton Manors Comprehensive Plan for the subject parcel.

(A)

Access. All dwelling units and other permitted uses within a planned unit development shall have access to a public street either directly or indirectly via a court, driveway, private road or other area dedicated to public or private use of common easement guaranteeing access. Permitted uses are not required to front on a dedicated road. Areas maintained for use in common to provide access shall be owned and maintained by the homeowners association required by Section 040-060 of this Article. The City shall be allowed access on privately owned roads, easements and common areas to ensure police and fire protection, to meet emergency needs, to conduct City services, to conduct license and code enforcement inspections, and to generally ensure the health and safety of the residents of the planned unit development and neighboring community. Pedestrian circulation shall be provided throughout the planned development. Sidewalks and pedestrian ways shall be constructed of concrete, tile, brick pavers, or other material approved by City Commission in the final site plan.

(B)

Off-street parking and loading requirements. Off-street parking and loading requirement shall be as set forth in Article 30, Urban Center Mixed Use Districts for property zoned Urban Center Mixed Use, Article 135, Off-Street Parking for properties zoned other than Urban Center Mixed Use, and Article 140, Off-Street Loading, and as further outlined in the PUD document.

(C)

Landscaping. All pervious areas shall be landscaped in accordance with Article 150, Landscaping. The required landscaping for a PUD shall be determined by utilizing the requirements of the Article 150. Landscaping, for the uses which most closely resemble the type uses and structures to be developed within the PUD. Where it is not clear which standard is most appropriate in the case of mixed-use structures or proximity of residential and nonresidential structures, the strictest landscaping standard shall apply. The City Commission upon a recommendation of the DRC and PZB may modify the landscape requirements for a PUD in unique situations to provide additional buffering or relief from unnecessary hardship.

(D)

Traffic. All public and private streets proposed for the PUD shall conform to applicable state and local construction standards, and shall be adequate to serve the projected traffic conditions. The applicant shall provide a traffic study for the proposed planned unit development.

(E)

Open space. Open space shall comprise at least twenty-five (25) percent of the PUD's net acreage. Areas of significant natural character or quality such as mangroves, shoreline, wetlands and wooded areas shall be identified and included in required open spaces to the fullest extent possible. Open space shall be distributed as proportionately as possible giving consideration to the relation of the open space to the uses they serve. Large open spaces shall be linked by walkways or greenways whenever possible. Open space shall mean plazas, courtyards and any other public space where people can gather, in addition to roof tops.

(F)

Underground utilities. All utilities including telephone, television cable, and electrical systems within the planned unit development shall be installed underground. Large transformers shall be placed on the ground and contained within pad prints, enclosures or vaults with landscape screening.

(G)

Pedestrian and bicycle circulation. A pedestrian and bicycle circulation system separate from the vehicular circulation system shall be provided within the planned unit development.

(H)

Energy conservation. A planned unit development shall incorporate passive conservation in its site design. Such measures shall include, but not be limited to, the directional orientation of buildings, the location of windows, minimization of radiant heat absorption and the inclusion of energy efficient landscaping. Planned unit developments must adhere to Article 170 City of Wilton Manors' Green Building Program.

(I)

Buffering and compatibility requirements.

(1)

The PUD shall be designed for compatibility between proposed and existing land uses. The allocation of land uses within the PUD, perimeter yards and buffering shall be designed to maximize compatibility between the PUD and adjacent land uses.

(2)

Whenever a PUD adjoins an existing detached single-family residential use or district, and the perimeter uses of the PUD are other than detached single-family dwelling units, setbacks shall be equal to the greater of twenty-five (25) feet or height of building where the PUD adjoins the detached single-family residential use or district.

(3)

No portion of a building or other structure shall be erected closer than twenty-five (25) feet to the centerline of any road, street, avenue or public right-of-way.

(4)

Whenever a PUD adjoins an existing non-residential use or district, the perimeter shall be designed in such a manner as to shield adjacent residential sections of the PUD from such uses through appropriate buffer or screening.

(5)

Within a PUD, mixed uses shall be located and designed to provide compatibility or appropriate buffer or screening.

(6)

Additionally, the applicant shall be required to demonstrate how the planned unit development will be compatible with, and preserve the character and integrity of adjacent neighborhoods. The planned unit development shall include improvements or modifications either on-site or within the public rights-of-way, if permitted, to mitigate adverse impacts, such as traffic, noise, odors, shadow, scale, visual nuisances, or other similar adverse effects to adjacent neighborhoods. Special consideration shall be given to adjoining single family and multi-family residential uses, including, but not limited to, the placement or orientation of buildings and entryways, parking areas, buffer yards, alteration of building mass, and the addition of landscaping, walls, or both, to mitigate such impacts. The applicant must control traffic flow or divert traffic as needed to reduce or eliminate development generated traffic on neighborhood streets.

(J)

Gross minimum acreage. A minimum of one (1) gross acre shall be required for PUD rezoning.

(K)

Height. Maximum five (5) stories not to exceed sixty (60) feet.

(L)

The integrity of areas owned in common including private roadways, open space, and recreational facilities shall be further guaranteed by restrictive covenants running with the land, describing such space and providing for its use and maintenance. These restrictive covenants shall run to the benefit of, and be enforceable by, the original and succeeding owners of property within the PUD.

(M)

Where common areas will be provided, the applicant shall file, at the time of approval of the final site plan, legal documents which will guarantee the dedication and maintenance of common areas, and in particular provide for restricting the use of open space to the designated purposes. Such documents shall include but not be limited to, the following provisions:

(1)

An association with a declaration of the covenants and restrictions which will govern it;

(2)

A conveyance to the association of all right title and interest in the open space upon the sale of the final dwelling unit or lot;

(3)

The association must be established before any dwelling unit is sold;

(4)

Membership in the association must be mandatory for each purchaser of a parcel of property subject to individual ownership and any successor in interest;

(5)

The open space restriction must be permanent, and not for a period of time;

(6)

The association must be responsible for liability insurance, local taxes, and the maintenance of common areas including private roadways, open space and recreational facilities;

(7)

All owners must pay their pro rata share of the cost of such maintenance and other activities of the association which are an integral part of its operation. An assessment levied by the association against an owner may become a lien on the property;

(8)

The association must be able to adjust the maintenance assessments to meet changed needs.

(Ord. No. 848, 10-14-03; Ord. No. 871, § 2, 5-10-05; Ord. No. 873, § 2, 7-12-05; Ord. No. 1003, § 3, 4-10-12; Ord. No. 2021-018, § 2, 12-14-21; Ord. No. 2024-009, § 3, 9-29-24)

(A)

The integrity of areas owned in common including private roadways, open space, and recreational facilities shall be further guaranteed by restrictive covenants running with the land, describing such space and providing for its use and maintenance. These restrictive covenants shall run to the benefit of, and be enforceable by, the original and succeeding owners of property within the PUD.

(B)

Where common areas will be provided, the applicant shall file, at the time of approval of the final site plan, legal documents which will guarantee the dedication and maintenance of common areas, and in particular provide for restricting the use of open space to the designated purposes. Such documents shall include but not be limited to, the following provisions:

(1)

An association with a declaration of the covenants and restrictions which will govern it;

(2)

A conveyance to the association of all right title and interest in the open space upon the sale of the final dwelling unit or lot;

(3)

The association must be established before any dwelling unit is sold;

(4)

Membership in the association must be mandatory for each purchaser of a parcel of property subject to individual ownership and any successor in interest.

(5)

The open space restriction must be permanent, and not for a period of time.

(6)

The association must be responsible for liability insurance, local taxes, and the maintenance of common areas including private roadways, open space and recreational facilities.

(7)

All owners must pay their pro rata share of the cost of such maintenance and other activities of the association which are an integral part of its operation. An assessment levied by the association against an owner may become a lien on the property;

(8)

The association must be able to adjust the maintenance assessments to meet changed needs.

(Ord. No. 871, § 2, 5-10-05)

(A)

General process for PUD rezoning:

(1)

Pre-application process with the Development Review Committee.

(2)

DRC review of rezoning and preliminary site plan applications.

(3)

PZB review of rezoning and preliminary site plan applications.

(4)

City Commission review of rezoning and final site plan (two (2) readings of ordinance required for rezoning).

(B)

Specific procedures for PUD rezoning.

(1)

A PUD district shall be designated and approved by the City Commission as an amendment to the zoning map pursuant to the provisions of Article 100, Map Amendments, and the requirements of this Section.

(2)

The applicant shall submit the site plan together with a PUD document and completed application for re-zoning to PUD in accordance with the submission and procedural requirements of Article 85, Site Plans, and Article 100, Map Amendments, except that the application shall be agendized and considered as a PUD rezoning request, and the site plan shall be a part of the application. In the event that the proposed development requires the platting or re-platting of property, the application shall be accompanied by an application to plat or re-plat in accordance with Article 90, Plats. The review and approval of an application to rezone to a PUD shall be carried out simultaneously with the site plan review and any application for platting, unless waived by the Community Development Services Director.

a.

An applicant may submit a preliminary master site plan for purposes of obtaining rezoning approval to PUD, in which case the ordinance approving the PUD designation shall not take effect until the final site plan is approved.

b.

The final site plan shall be consistent with the requirements for site plans set forth in Article 85, Site Plans.

(Ord. No. 848, 10-14-03; Ord. No. 871, § 2, 5-10-05; Ord. No. 873, § 2, 7-12-05; Ord. No. 2021-018, § 2, 12-14-21; Ord. No. 2024-009, § 3, 9-29-24)

The following items shall accompany the site plan, as applicable, in a quantity of three (3) paper copies and one (1) copy in electronic format (PDF). The Community Development Services Director may waive particular submittal items upon a determination that such items are not applicable to a specific project.

(A)

Application shall comply with the requirements of Article 065 of the ULDR.

(B)

Boundary survey must be certified, signed, and sealed and prepared current to within thirty (30) days; in lieu thereof, the City may accept a boundary survey, certified, signed, and sealed along with an Affidavit from the property owner that there has not been any improvement or alteration to the property as reflected in the survey since the date of the survey;

(C)

A Title Policy, Title Commitment, Opinion of Title or Property Information Report, as mandated by the Community Development Services Director, current to within thirty (30) days must be shown on all Surveys, including date, policy number, issuer's name, address and the disposition of all B-II encumbrances, Title information must be kept current throughout the entire approval process;

(D)

One (1) topographic survey certified by a surveyor and mapper registered in the State of Florida, with elevations provided on a one hundred (100)-foot grid, including natural features and improvements and their current use, top of bank and edge of water for all water bodies and water courses, the location of utility lines within and adjacent to the site, right-of-way width and dedication information, pavement location and width, and all easements of record;

(E)

One (1) tree survey;

(F)

One (1) copy of a recorded plat, if the property has been platted. The plat shall be recorded in the official records of Broward County after June 4, 1953, with the following exceptions:

1.

The City by written agreement may allow building permits to be issued after plat approval and before recordation, provided no certificate of occupancy is issued prior to recordation;

2.

Site grading, dredging and filling, and infrastructure construction incidental to new construction shall not require a recorded plat provided the plat has been reviewed and approved by the City Commission and Broward County Commission;

(G)

Draft of any required or proposed restrictive covenants, written sureties, and common area maintenance association documents, including those for the preservation of common open space areas; grants of easement for access, drainage, utilities or other purpose; unity of title; or other restrictions to be imposed upon the use of the land and buildings;

(H)

Site plans shall be folded and bound together in separate plan sets with a cover sheet indicating plan sheet numbers. The overall size of plans shall be eleven (11) inches by seventeen (17) inches drawn at a scale no smaller than one-inch equals twenty (20) feet, except when a smaller scale is approved by the Community Development Services Director. All plans shall be prepared by and signed and sealed by professional land surveyors, engineers, architects, landscape architects, or other appropriate professionals as determined by Florida Law, who are licensed and registered in the State of Florida.

(I)

The applicant shall prove their financial ability to complete the project. This should be demonstrated by the following: An estimate of the overall cost of the project, proposed sources of financing, financial statement of the applicant, banking references, and/or any other information that will enable the City of Wilton Manors to determine that the applicant is financially competent to complete the project.

(J)

A signed and sealed flood elevation certificate current to within thirty (30) days.

(K)

All site plans shall contain the following. The Community Development Services Director may waive particular submittal items upon a determination that such items are not applicable to a specific project:

1.

The proposed title of the project and the name of the professionals who prepared each plan, including engineer, architect, landscape architect and the developer;

2.

The north arrow, scale and date;

3.

Existing zoning of the subject site and adjacent properties;

4.

Proposed changes in zoning to the applicant property, if any;

5.

Adjacent land uses and buildings, including use and number of floors, dimensioned to property line of subject site;

6.

Legal description;

7.

Location sketch of subject property in relation to surrounding area;

8.

Site boundaries clearly identified, dimensioned, and tied to section corners;

9.

Existing features (trees, water, structures) including topography, roadways, and use areas;

10.

Locations and dimensions of all existing and proposed rights-of-way and dedications, including ultimate right-of-way lines (if applicable), easements, property lines, streets, buildings, watercourses and water bodies, pedestrian areas, and other existing physical features in or adjoining the project;

11.

The location and dimensions of proposed setback lines;

12.

The location and dimensions of proposed reservations for parks, playgrounds, open spaces and other common areas;

13.

The location, dimensions and character of construction, including bearings, centerline dimensions and curve data of proposed street alleys, driveways and grading plans;

14.

The location, dimensions and character of construction of proposed curb cuts, entrances and exits, parking and loading areas (including number of parking spaces and loading spaces), pedestrian use areas, and vehicular use areas;

15.

Photometric plan;

16.

Location and dimensions of all proposed buildings, excavations, and structures to lot lines and to each other;

17.

Conceptual preliminary drainage plans and statement of proposed drainage systems and methods;

18.

Typical trash and garbage disposal and recycling system, including typical enclosure details and the location of each;

19.

Separate landscape plan prepared in accordance with Article 150;

20.

Location, character, size, height and orientation of proposed signs, including building signage details shown on plan elevations;

21.

All existing and proposed pedestrian walkways and bicycle paths;

22.

Existing and proposed public transit routes, bus shelter locations and easements for such shelters, and proposed layout of rights-of-way, if necessary;

23.

Proposed building floor plans and architectural elevations, including building height and finished floor elevations;

24.

Type and location of mail receptacles;

25.

Conceptual utilities plan (all utilities must be underground);

26.

The following computations:

a.

Total gross and net acreage;

b.

Proposed net and gross density, and number of dwelling units for site plans with residential components;

c.

Total existing and proposed square footage of buildings and breakdowns by floor, use type, bay or tenant space, and dwelling unit, including required and provided minimum floor areas;

d.

Area devoted to vehicular use areas (roadways, aisles, parking);

e.

Gross project area allocated for common open space;

f.

Plot coverage by roofed structures;

g.

Pervious and impervious surface area, also expressed as a percentage of the site area;

h.

Number of required and provided parking spaces including handicapped, and any spaces devoted to attendant parking if permitted;

i.

Minimum lot area, width and depth required and provided;

j.

Minimum yard setbacks or specific build-to lines required and provided;

k.

Maximum and minimum (if applicable) required and proposed building height;

l.

Minimum floor area required;

m.

Adjacent zoning and existing land uses.

27.

Traffic circulation and pavement marking plan (may be shown on site plan sheets);

28.

Phasing plan, if applicable, with beginning and ending time frames of construction of the entire project and beginning and ending time frames for all phases of the project;

29.

For properties under consideration for rezoning to planned unit development (PUD), a PUD document detailing development standards and criteria (i.e., building height, setbacks, density, lot area, landscaping, parking, open space, lot coverage, sign regulations, etc.);

30.

If necessary, written authorization to reproduce any documents accompanying site plan submittals from the applicant, agent, architect, landscape architect, engineer, attorney, etc.

31.

Shadow Study or Shade Study demonstrating how the proposed development will cast its shadow and demonstrate any potential impacts on neighboring properties, parks, plazas, sidewalks, or other open spaces; and if impacted, how the shadow will be mitigated. Shadow Study must be prepared by professional land surveyors, engineers, architects, landscape architects, or other appropriate professionals. A shadow study or shade study must be provided for proposed buildings of more than three (3) stories.

a.

Submittal requirements:

1)

Provide sketch, 2D map, 3D map, aerial photos and/or a combination thereof.

2)

Analysis shall be conducted for the following dates and times (Eastern standard time) with and without proposed building:

3)

Winter Solstice—Typically on December 21 (1.5 hours after sunrise, solar noon, 3:00 p.m., and 1.5 hours before sunset).

4)

Summer Solstice—Typically on June 21 (1.5 hours after sunrise, solar noon, 3:00 p.m., and 1.5 hours before sunset).

5)

Vernal Equinox—Typically on March 21 (1.5 hours after sunrise, solar noon, 3:00 p.m., and 1.5 hours before sunset).

6)

Autumnal Equinox—Typically on September 21 (1.5 hours after sunrise, solar noon, 3:00 p.m., and 1.5 hours before sunset).

7)

A letter prepared by a professional land surveyor, engineer, architect, landscape architect, or other appropriate professional summarizing impacts of proposed development and any measures that will be taken to mitigate these impacts.

8)

The shadow drawings and analysis shall be prepared by qualified professionals and persons with experience in this field.

9)

Mitigation options can include the following in addition to recommendations by a professional land surveyor, engineer, architect, landscape architect, or other appropriate professional:

i.

The reorientation of building and/or structure to avoid long periods of shadows on adjacent residential uses.

ii.

Orientate building and/or structure to shade pedestrian areas during hottest times of the day.

iii.

Where possible, reorientation of the sun sensitive uses.

iv.

Incorporation of architectural design techniques and/or reflective façade materials to increase available light.

v.

Massing adjustments including but not limited to, additional setbacks and step backs.

vi.

Building placement and orientation.

32.

Traffic Study or Statement assessing the proposed development's vehicular, pedestrian and bicycle access; on-site circulation; parking; any proposed roadway or easement vacations or road closures, whether permanent or temporary for construction purposes; and off-site roadway impacts, including those within adjacent neighborhoods. The Traffic Study or Statement shall also identify proposed mitigation for to the development's vehicular, pedestrian and bicycle access; on-site circulation; parking; any proposed roadway or easement vacations or road closures, whether permanent or temporary for construction purposes; and off-site roadway impacts, including those within adjacent neighborhoods.

(Ord. No. 871, § 2, 5-10-05; Ord. No. 873, § 2, 7-12-05; Ord. No. 1003, § 4, 4-10-12; Ord. No. 2024-009, § 3, 9-29-24)

Upon approval of a final site plan for a planned unit development, all required covenants, maintenance association documents, grants of easements or other restrictions shall be recorded in the public records of Broward County. The provisions thereof as to land use shall bind the property covered thereby, as provided in this Article, with the full force and effect of specific zoning regulations.

No building permits shall be issued prior to approval of all required PUD documents, restrictions and covenants and subsequent recording. All building permits must be in conformance with the approved final site plan.

(Ord. No. 871, § 2, 5-10-05; Ord. No. 2021-018, § 2, 12-14-21)

The following are procedures regarding the amendment of a site plan approved in conjunction with a PUD and or a PUD document.

(A)

Submittal requirements:

1.

Applications shall comply with the requirements of Article 065 of the ULDR.

2.

Applications shall be accompanied by submittal requirements described in Section 040-080 of this Article. The Community Development Services Director may waive particular submittal items upon a determination that such items are not applicable to the amended site plan approved in conjunction with a PUD and or PUD document.

(B)

Determination of process to amend site plan and or PUD document. Applications shall be submitted to the Community Development Services Department. The Community Development Services Director shall review applications to determine if they are considered a major, minor or administrative amendment to the site plan approved in conjunction with a PUD and or PUD document. Such determination shall be provided, in writing, to the applicant within four (4) business days after receipt of a completed application. The determination of the Community Development Services Director shall be based on the following criteria:

1.

Major amendment includes the following:

a.

An increase in floor area by more than five (5) percent of the approved floor area on the approved site plan.

b.

Changes that alter specific conditions of approval.

c.

Changes in use provisions.

d.

Landscape modification to a site plan approved in conjunction with a PUD and or a PUD document as determined by the Community Development Services Director with a deviation of greater than five (5) percent of the site plan approved in conjunction with a PUD and or a PUD document.

e.

Increase to the square footage of a building of greater than five (5) percent.

f.

Changes to setbacks of greater than five (5) percent.

2.

Minor amendment includes the following:

a.

Elevation changes that have been determined to be part of a site plan approved in conjunction with a PUD and or PUD document, excluding windows and/or doors, as determined by the Community Development Services Director.

b.

Landscape modification to a site plan approved in conjunction with a PUD and or a PUD document as determined by the Community Development Services Director with a deviation of five (5) percent or less of the site plan approved in conjunction with a PUD and or a PUD document.

c.

Addition or relocation of dumpster and/or dumpster enclosure for commercial, multi-family, industrial or mixed-use properties.

d.

Increase to the square footage of a building of five (5) percent or less.

e.

Changes to setbacks of five (5) percent or less.

f.

Any amendment to a site plan approved in conjunction with a PUD and or a PUD document that is deemed by the Community Development Services Director, to be a minor amendment.

g.

Notwithstanding anything contained herein to the contrary, any change to a condition of approval or exception granted by the City Commission shall not be deemed a minor development.

3.

Administrative amendment shall include all amendments to site plans approved in conjunction with a PUD and or a PUD document which is not determined to be a major or minor amendment, but requires additional administrative review including, but not limited to, the following:

a.

Improvements which include, but are not limited to, adding awnings or canopies for commercial, industrial, or mixed-use properties, or multi-family development.

b.

Addition or elimination of a door and/or window opening to commercial, industrial or mixed-use properties.

c.

Minor elevation changes to a site plan approved in conjunction with a PUD and or a PUD document as determined by the Community Development Services Director.

d.

Minor landscape modification to a site plan approved in conjunction with a PUD and or a PUD document as determined by the Community Development Services Director.

e.

Decreases to the square footage of a building of no more than five (5) percent.

f.

Changes to fence material and design.

g.

Changes to signage that was part of a site plan approved in conjunction with a PUD and or a PUD document that is consistent with the signage regulations in Article 145 and Article 30 of the City's ULDRs.

h.

Changes to roof material that were approved as part of a site plan approved in conjunction with a PUD and or included in the PUD document.

i.

Changes to paint color that were approved as part of a site plan approved in conjunction with a PUD and or included in the PUD document.

j.

Changes to site plan that were approved in conjunction with PUD and or PUD document to promote energy efficiency that are not considered a major or minor amendment.

k.

Any amendment that is deemed by the Community Development Services Director to require an administrative review.

(C)

Site plan review procedures.

1.

Minor site plan.

a.

The Community Development Services Director, or the Community Development Services Director's designee, shall review the application and all support documents for completeness. The Community Development Services Director, or the Community Development Services Director's designee, shall notify the applicant within four (4) business days of any deficiencies in the application or support documents and specify what additional requirements are to be met. Once the Community Development Services Director, or the Community Development Services Director's designee, has determined that the application and support documents are complete, the application and support documents shall be distributed to the Development Review Committee.

b.

Mail notice requirements for minor site plans. The owners of all lands under consideration for approval of a minor site plan and the owners of all lands within the City lying within three hundred (300) feet of the exterior boundaries of the application subject site shall be notified by the applicant, at the applicant's cost, of the application and of the Development Review Committee meeting at which the application will be considered. In addition, if any property within the three hundred (300) foot radius is within an adjacent municipality, the clerk of such municipality shall receive similar notice of the application. In the event the notification area includes land declared to be a condominium under F.S. Ch. 718, as may be amended from time to time, then notice to the condominium association shall constitute sufficient notice. Such notices shall be sent by regular first-class mail, to the persons shown upon the current tax rolls of Broward County to be the respective owners. Proof of mailing through a "certificate of mailing," or other means acceptable to the Community Development Services Director, shall be provided prior to the Development Review Committee meeting.

c.

If the Community Development Services Director, or designee, determines that the application requires a minor review, the application shall be forwarded to the Development Review Committee pursuant to Article 130, Division 3 of the ULDR's. The Community Development Services Director shall consider and act on site plan review applications for minor developments following review by the City's Development Review Committee. The Community Development Services Director may either approve; approve with any conditions, limitations or requirements; deny; or postpone consideration of any application pending submittal of additional information which may be required to make a determination based upon the recommendation of the Development Review Committee. The Community Development Services Director shall issue a written decision which shall be attached to the application for site plan approval. Each consideration substantiating the action of the Development Review Committee shall be included in the decision.

d.

Appeal of the Development Review Committee/Community Development Services Director for a minor site plan. An Adversely Affected Party may appeal a final order of the Development Review Committee/Community Development Services Director approving, approving with conditions, or denying a minor site plan to the Planning and Zoning Board. Any appeal to the Planning and Zoning Board shall be filed within thirty (30) calendar days of the date of written determination of the Community Development Services Director.

e.

Once an applicant is scheduled for a Development Review Committee meeting, responses to comments provided by the Development Review Committee members shall be submitted no later than sixty (60) days after the date of the Development Review Committee meeting. Responses to comments include addressing each comment provided in writing and revised plans. Once the responses to comments have been submitted to the Community Development Services Department, a Development Review Committee meeting will be scheduled. If there is no activity or response to Development Review Committee comments after sixty-one (61) days from the date of the prior Development Review Committee meeting, the application is deemed to be withdrawn. The Community Development Services Director, or the Community Development Services Director's designee, shall provide a written confirmation to the applicant.

2.

Administrative Site Plan Review Procedures.

a.

The Community Development Services Director, or designee, shall review the application and all support documents for completeness. The Community Development Services Director, or designee, shall notify the applicant within four (4) business days of any deficiencies in the application or support documents and specify what additional requirements are to be met.

b.

Notice requirements for administrative review of site plan. Applicant must provide letters from abutting properties owners of the parcel subject to administrative site plan review.

c.

Once the Community Development Services Director, or designee, has determined that the application and support documents are complete, the Community Development Services Director will review the application to determine whether the application is a major, minor, or requires an administrative site plan review.

d.

If the Community Development Services Director determines that the application requires an administrative site plan review, the application will be reviewed by the Community Development Services Director for consistency with the ULDR within sixteen (16) business days.

e.

The Community Development Services Director may either approve; approve with any conditions, limitations or requirements; deny; or refer the application to the Development Review Committee and/or the Planning and Zoning Board.

f.

Appeal of the Community Development Services Director administrative site plan review. An Adversely Affected Party may appeal a final order of the Community Development Services Director approving, approving with conditions, or denying administrative site plan review to the Planning and Zoning Board. Any appeal to the Planning and Zoning Board shall be filed within thirty (30) calendar days of the date of written determination of the Community Development Services Director along with applicable fees as provided for in the Community Development Services Fee Schedule, as amended from time to time.

(Ord. No. 871, § 2, 5-10-05; Ord. No. 1003, § 5, 4-10-12; Ord. No. 2024-009, § 3, 9-29-24)

(A)

The applicant shall post a performance bond sufficient to secure to the City the satisfactory construction, installation and dedication of all required public improvements prior to the issuance of the first building permit. The performance bond shall be in the amount of one hundred ten (110) percent of the cost of the public improvements based on the final estimated cost of construction of all required improvements, including but not limited to roads, drainage, curb and gutter, sidewalks, and water and sewer utilities as determined by a licensed engineer. The final estimated cost of construction shall be submitted and approved by the Community Development Services Director and the Emergency Management/Utilities Director. The performance bond shall be subject to approval of the City Attorney. In addition to the performance bond, there shall be an administrative fee of four hundred dollars ($400.00) per bond.

(B)

Building permits and certificate of occupancy. The Building Official shall issue permits for buildings and structures within the PUD only if they are in conformance with the approved final site plan. The construction of public improvements and the provision of required open space which are shown on the final site plan shall proceed at the same rate as the construction of residential units or commercial uses. The Building Official shall not issue building permits or certificates of occupancy if the rate of construction of residential units and commercial units exceeds the rate at which open space and public improvements have been constructed and provided.

(Ord. No. 871, § 2, 5-10-05; Ord. No. 2021-018, § 2, 12-14-21; Ord. No. 2024-009, § 3, 9-29-24)

(1)

If no building permit has been issued within one (1) year from approval of the final site plan, the approval of the final site plan and rezoning shall lapse and become null and void. Approval of any flexibility provisions within the PUD as part of the rezoning shall also become null and void. The City shall then initiate a rezoning of the property from PUD to the prior zoning of such property.

(2)

The Community Development Services Director upon request by the applicant for good cause shown may extend for no more than one (1) additional year the period for beginning construction or establishing a use.

(3)

If after construction has commenced the building permits expire from inactivity as provided for in the Florida Building Code, and remain expired for a period of eighteen (18) months, the final site plan shall be re-reviewed by the DRC for compliance with applicable codes before any further building permits are issued. The DRC shall re-approve the final site plan if it is in conformance with applicable codes at the time of re-review.

(Ord. No. 848, 10-14-03; Ord. No. 871, § 2, 5-10-05; Ord. No. 2021-018, § 2, 12-14-21; Ord. No. 2024-009, § 3, 9-29-24)

The City Commission may waive certain requirements contained herein when such requirements are not feasible or applicable to a particular property or proposed development. The applicant must submit a detailed justification describing how the specific section of the Code of Ordinances or Unified Land Development Regulations is not feasible or applicable to the project from which the applicant is requesting an exception from. For example, the requirement for an on-site pedestrian and bicycle circulation system would not be feasible if the proposed PUD rezoning involves one (1) single-family dwelling on a lot too small to accommodate such a circulation system. In addition, it would not be feasible to require loading areas or creation of a homeowner's association for a proposed PUD rezoning that involves one (1) single-family dwelling.

(Ord. No. 848, 10-14-03; Ord. No. 871, § 2, 5-10-05; Ord. No. 2021-018, § 2, 12-14-21; Ord. No. 2024-009, § 3, 9-29-24)