The intent and purpose of the planned unit development ("PUD") district are to accomplish, through a master plan with an appropriate mix of uses, a more desirable environment and efficient land use pattern than would be possible through a strict application of Euclidian zoning, while adhering to the provisions of the comprehensive plan and applicable federal and state regulations. The purpose of the PUD is further defined to:

(a)

Allow a more flexible management structure for the efficient, orderly, and sustainable integration of uses, consistent with and complementary to their context within the community;

(b)

Create a greater sense of place, community, and neighborhood identity, through superlative urban design and innovation;

(c)

Provide a development plan that is compatible with and complements the surrounding community, creating a safe inviting environment, a sense of place, and neighborhood cohesiveness;

(d)

Maintain, enhance, and preserve salient or otherwise significant existing natural features, by identifying these features and designing the project to incorporate them as view-sheds, terminating vistas, focal points, and/or other scenic amenities;

(e)

Provide the greatest choice of realistic, safe, functional, interconnected, and convenient multi-modal transportation options within the PUD and with the surrounding areas;

(f)

Limit urban sprawl, greenhouse gas emissions, stormwater runoff, and vehicle miles traveled;

(g)

Provide economically efficient means for delivery of government services and infrastructure;

(h)

Provide a mix of housing designed in pedestrian scale neighborhood unit increments;

(i)

Incorporate energy and water efficient land use patterns and technologies beyond the minimums required by state law or the Florida Building Code;

(j)

Promote positive interaction among and between uses and, where residential is included, the use of residential housing types that could not readily be accomplished through Euclidean zoning;

(k)

Incorporate crime prevention through environmental design (CPTED) principles compatible with the pedestrian-oriented design; and

(l)

Further the goals, objectives and policies of the comprehensive plan.

(Ord. No. 2011-02, § 2, 5-9-11)

(a)

Development agreement. The PUD zoning district requires the review, approval, execution and recording of a development agreement between the applicant and city commission. No site work, other than that normally associated with surveying and soil boring, may be initiated prior to recordation of such development agreement, although demolition of structures, wells, and/or septic systems or hazardous materials cleanups may be permitted if not otherwise prohibited by this Code.

(b)

Master plan. The PUD zoning district additionally requires the review and approval of a master plan which is approved as an exhibit to or by reference in a development agreement.

(c)

Amendments. Proposed amendments to an approved development agreement shall be reviewed and approved in the same manner as the approved development agreement. Proposed amendments to an approved master plan shall be considered an amendment to the approved development agreement.

(Ord. No. 2011-02, § 2, 5-9-11)

(a)

Unified control. At the time of application, all properties within a proposed PUD shall be under unified ownership or control, as demonstrated by appropriate legal documents submitted by the applicant. These documents shall be reviewed for and are subject to a determination of legal sufficiency by the City Attorney.

(b)

Minimum size. The minimum parcel size for a PUD is ten (10) acres. All proposed developments which contain at least fifty (50) developable acres inclusive of wetlands proposed to be mitigated, except developments proposed to be located within the Town Center or Greeneway Interchange zoning districts, shall be located within a PUD zoning district.

(c)

Permissible uses, density, and intensity. Permissible uses within the PUD shall be established within the development agreement consistent with the underlying future land use designation(s) identified on the future land use map of the comprehensive plan. There shall be at least two (2) different uses within a new PUD, and at least one (1) of the uses shall be a non-residential use. Nothing herein shall be construed to abrogate specific use restrictions set forth in this Code including the restrictions set forth in Chapter 20, Article V, Supplemental District Regulations. Home occupations shall be permitted within the PUD subject to the provisions of Chapter 20 and are not required to be established within the development agreement. Schools and daycare centers shall be subject to conditional use permit requirements under the City Code.

(d)

Maximum density and intensity of development. The density and intensity of development within the PUD zoning district shall be established within the development agreement consistent with the maximum density and intensity allowed within the property's future land use designation set forth in the Comprehensive Plan.

(e)

Size and dimensional regulations.

(1)

The location, size, dimensions, and design of yards, building and parking setbacks, vehicular access, loading and unloading areas, accessory structures, and utility areas (including, but not limited to, permanent areas for dumpster enclosures, utility infrastructure, stormwater management facilities, outdoor storage of vehicles, machines, and materials) shall be identified and set forth in the development agreement and master plan, and/or preliminary engineering plans for each applicable portion of the planned unit development.

(2)

Existing PUDs.

a.

Unless otherwise provided elsewhere in the City Code or upon a plat of record or in an active development agreement approved by the city, principal building setbacks for property zoned PUD shall be as follows:

(i)

Front yards. The front yard shall not be less than twenty-five (25) feet in depth;

(ii)

Rear yards. The rear yard shall not be less than ten (10) feet in depth;

(iii)

Side yards. The side yard shall not be less than five (5) feet on each side of the dwelling structure; and

(iv)

Corner yards. On corner lots, the front yard set back of twenty-five (25) feet must be maintained, at a minimum, on all sides abutting private or public rights-of-way.

b.

Zero lots line. Notwithstanding the minimum setback requirements of this subsection, zero lot line property shall be governed as follows. Unless otherwise provided elsewhere in the City Code or upon a plat of record or in an active development agreement previously approved by the city commission, the principal building setbacks for zero lot line property zoned planned unit development (PUD) shall be as follows:

(i)

Front yards. The front yard shall not be less than twenty-five (25) feet in depth;

(ii)

Rear yards. The rear yard shall not be less than ten (10) feet in depth;

(iii)

Side yards. The side yard shall not be less than five (5) feet on one (1) side of the dwelling structure; and

(iv)

Corner yards. On corner lots, the front yard set back of twenty-five (25) feet must be maintained, at a minimum, on all sides abutting private or public rights-of-way.

c.

Conflicts. In the event of any conflict between the requirements of this section and any declarations of covenants and restrictions governing site conditions of a PUD development within the city, the more restrictive shall apply. In the event of any conflict between the requirements of this section and any recorded development agreement approved by the city commission or court approved settlement agreement governing site conditions of a PUD development within the city, the conflicting provision in the development agreement or court approved settlement agreement shall prevail.

(3)

New PUD developments. Nothing contained in this section shall be construed as limiting the city commission's authority to impose setback requirements greater or lesser than the minimum requirements of this section for PUD developments approved after the effective date of this section.

(f)

Perimeter transition.

(1)

General. The transition between existing development and the PUD shall provide a progression of complementary uses to the greatest extent reasonably possible. The goal is to encourage interconnectivity, to avoid the need for or use of walls, earthen berms, or other obstacles, and to encourage access and positive interaction and synergy among and between uses.

(2)

Landscape buffers. If the City Commission determines that a buffer is required, the buffer shall be dedicated on the plat, if applicable, and shall be held in common ownership to ensure adequate and uniform maintenance. Any buffer plantings around the perimeter of the PUD or any portion of the PUD shall be comprised of at least seventy-five (75) percent native plant species and shall be compatible with the soil pH conditions and hydrology.

(g)

Street dedication and public access. The provision of new private gated communities is prohibited, except to accommodate extreme circumstances of adjacent incompatibility. Adequate access among and between adjacent developments shall be provided to the greatest extent reasonably possible. Existing private streets within PUDs shall not be converted to public streets unless the streets are designed and constructed to City specifications, at minimum, and unless adequate access to adjacent properties is provided. Even where existing development is not conducive to access connection, acquiring or providing adequate emergency access is important to protect the public safety and, access shall be maximized. In new development or substantial redevelopment, emergency, pedestrian, and bicycle access shall be maximized to the extent that is reasonable, even if or when motor vehicle access cannot be expanded. Intersections within the PUD shall be designed to ensure pedestrian safety.

(h)

Sidewalks and trails. Lighted sidewalks (a minimum of five (5) feet in width) shall be provided on both sides of the road within any new PUD or any new subdivision (or subdivision redevelopment) within an existing PUD, except that where a trail of at least eight (8) feet in width is provided in close proximity to and substantially parallel to the roadside, the trail may count for the sidewalk on that side of the roadway. Sidewalks and trails shall be planned, designed, and constructed to provide maximum safe connection to mass transit, other trails and sidewalks, as well as to schools, parks, restaurants, shopping, and other activity centers. Adequately lighted and designated pedestrian walkways shall be provided within parking lots to ensure pedestrian safety.

(i)

Placemaking. Pedestrian-oriented block size (approximately one-quarter (¼) mile perimeter), interconnected roadways, and building orientation toward the most prominent public spaces is required throughout a new PUD (except in industrial areas within a PUD).

(j)

Lighting and signage. Street lighting and signage which promotes aesthetics and reinforces appropriate pedestrian-oriented streetscape design shall be incorporated throughout the PUD. On-site lighting shall retain light on-site, so that off-site light spillage is limited to not more than 0.5 foot-candles unless otherwise approved by the City Commission. Street and parking lot lighting within or adjacent to residential portions of the PUD shall be designed to be consistent with that residential development (for example, so that lights do not interfere with second or third story residential activity and light source glare is not visible from adjacent residential properties). Signage shall incorporate a common architectural and aesthetic integrity, context harmony, and theme for the PUD. Signage shall adhere to City Code specifications, except that certain signage encouraged or permitted within the town center district may be provided where appropriate within a PUD outside of the town center, subject to approval (e.g. aesthetics, dimensions, materials, colors, illumination, context, and location) by the City Commission and inclusion in the development agreement.

(k)

Utility lines. All new or relocated utility lines shall be located underground at the developer's expense. Unshielded utility features shall not be visible from private or public rights-of-way or other public places. Placement of a utility feature in conflict with this provision in a new development or substantial redevelopment shall be relocated promptly at the developer's expense.

(l)

Water and sewer. All new PUDs or substantial development or redevelopment in a PUD shall connect to City potable water and sanitary sewer services. The PUD shall extend the distribution lines along the property to accommodate future service to adjacent properties, unless otherwise approved by the City Commission. Connection to existing water and sewer systems shall be at the developer's expense, except that where the City requires utility lines of greater capacity than required for the proposed development, the City shall be responsible for providing the greater capacity and shall reimburse the developer for such excess costs paid by the developer. No interim water or sewer service outside of the city system shall be allowed. Connection to reclaimed effluent shall be required where available.

(m)

Drainage and stormwater management. Drainage and stormwater management shall be master planned for the PUD and shall incorporate innovative designs, such as, but not limited to, cisterns, green roofs, rain gardens, pervious pavement, and bio-swales to limit pollution runoff, to off-set potable water use for irrigation, and to aid in efficiently and economically heating and cooling buildings. Drainage and stormwater may be phased, consistent with phasing for the development, provided that the each phase can stand on its own and does not compromise future phases of development.

(n)

Landscaping. All planted material shall be certified as Florida number one grades and standards (most recent iteration) before installation and shall be installed pursuant to plan specifications or as approved by the City Arborist. These installation specifications shall be consistent with the Institute for Agricultural Sciences (IFAS) standards and best practices. Such plant materials shall have been grown within an approximate 150-mile radius of Seminole County as documented to ensure survivability and sustainability. After installation, the applicant's landscape architect shall certify that the landscape materials have been appropriately installed pursuant to the specifications set forth on the landscape plans approved by the City (e.g. species, quality, height, location, spacing, quantity, site preparation, planting, and mulching). This shall include, but not be limited to, ensuring that plantings are at the prescribed and appropriate depth, in relation to adjacent grade, to ensure survivability.

(Ord. No. 2011-02, § 2, 5-9-11; Ord. No. 2011-08, § 2, 10-10-11; Ord. No. 2014-09, § 2, 4-28-14)

(a)

General procedures for PUD approval. The procedure for obtaining approval of a planned unit development zoning classification shall be as follows:

(1)

Pre-application conference. Prior to submitting a formal application package for a PUD, all applicants shall submit a tentative master plan and shall schedule a pre-application conference with staff. The applicant shall address the factors set forth in subsection (5) of this subsection and staff may provide non-binding comments and recommendations to the applicant.

(2)

Formal submittal. After the pre-application conference, the applicant shall submit a change of zoning request, the proper application fee, the master plan, and a draft development agreement and the following:

a.

Notarized documentation of ownership or owner authorization;

b.

Documentation of unified control;

c.

Up-to-date boundary survey and topographical information sufficient to identify drainage patterns and floodplain and legal description of the subject property (specify whether elevations are NGVD or NAVD);

d.

A vicinity map with the north arrow, scale, and date, indicating the transportation network, zoning classifications, and present uses of the properties within 500 feet (exclusive of roadways) of the subject property;

e.

The Future Land Use designation, zoning classification, zoning district boundaries, and present use of the subject property;

f.

A description of any known hazardous materials or environmental contamination;

g.

The proposed PUD master plan (one (1) electronic copy and the applicable number of paper copies);

h.

Wetland and floodplain maps and supporting information;

i.

Listed (flora and fauna) species survey;

j.

Conservation acreage and locations;

k.

Preliminary transportation analysis (methodology, scope, format, and other issues to be determined prior by City Engineer);

l.

Gross residential density, non-residential floor area ratio (FAR), and recreation acreage;

m.

Total number of dwelling units, by type, and non-residential building area, by type;

n.

Preliminary phasing plan;

o.

Adequately demonstrate that the proposal is and can be reasonably anticipated to be constructed consistent with the requirements and provisions of the comprehensive plan; and

p.

Preliminary economic analysis.

(3)

Staff review. The master plan and draft development agreement shall be reviewed formally by the community development department and a representative from the county fire department as necessary to determine the feasibility and suitability of proposal prior to the submission of the master plan and development agreement to the planning and zoning board. Staff shall provide comments and recommendations on the proposed master plan and development agreement in accordance with the factors set forth in subsection (5) of this section.

(4)

Community meeting. The applicant shall provide a public meeting with notice to neighboring property owners within one-hundred and fifty (150) feet of the proposed development and ownership associations within five-hundred (500) feet of the proposed development to review the proposed development as set forth in the master plan and development agreement.

(5)

Planning and zoning board public hearing. The planning and zoning board shall hold a public hearing to consider the change of zoning request, including the master plan, proposed development agreement, and staff recommendations. The board shall either recommend approval, approval with modifications, or denial of the request to the city commission, stating their reasons for such action. In making its recommendation, the planning and zoning board shall make findings of fact upon the following:

(i)

Consistency between the proposal and the City Comprehensive Plan and City Code;

(ii)

Compatibility with/transition to surrounding land uses (both existing, approved entitlements, and those currently/actively proposed for development);

(iii)

Adequacy of existing infrastructure to accommodate the development and existing entitlements;

(iv)

Significant ecological geological, or aesthetic features which may be incorporated into the plan (to include, but not be limited to, approximate wetland boundaries, listed species survey, and general assessment by both an ecologist and landscape architect); and

(v)

The nature, design, and appropriateness of the proposed development arrangement to the property involved.

(6)

City commission public hearing. The city commission shall review the master plan, proposed development agreement, the staff recommendations, the planning and zoning board recommendations, and hold a public hearing to consider the request. The commission shall either approve, approve with modifications, or deny the request, stating their reasons for such action. If the request is approved, the property shall be zoned PUD and shall be so designated on the official zoning map. The decision of the city commission shall be based on consideration of the facts specified as review criteria for the planning and zoning board as set forth in subsection (5) of this section.

(7)

In approving a PUD, the city commission may establish any reasonable conditions or requirements in addition to those provided in this Code. Such additional conditions or requirements shall be entered into the development agreement and/or depicted on the master plan prior to execution of the development agreement by the City and are enforceable in the same manner and to the same extent as the other requirements of the development agreement and/or master plan.

(8)

The applicant shall pay all costs to record the development agreement.

(Ord. No. 2011-02, § 2, 5-9-11)

A decision of the city commission may be appealed to the appropriate circuit court of the state.

(Ord. No. 2011-02, § 2, 5-9-11)

(a)

An approved planned unit development shall be considered to be a separate zoning district in which the recorded development agreement established the restrictions, regulations, and district description according to which development shall occur.

(b)

After recordation of a development agreement, no changes may be made except under the procedures provided below:

(1)

If any minor extensions, alterations or modifications of existing buildings, structures or utilities are consistent with the purposes and intent of the development agreement, they may be authorized by the community development director.

(2)

Any uses not authorized by the development agreement may be added to, modified or deleted from the development agreement if an amendment to the development agreement is approved in accordance with the provisions of this article.

(3)

A building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the development agreement unless an amendment to the development agreement is approved in accordance with the provisions of this article.

(4)

One (1) accessory dwelling unit ancillary to the principal dwelling may be allowed by conditional use, unless prohibited by the declarations, covenants, conditions and restrictions of the homeowner's association.

(Ord. No. 2011-02, § 2, 5-9-11)

Any amendments to a property with a PUD zoning district classification existing on the effective date of this Ordinance shall be subject to the requirements set forth herein, including amendments to any property with a PUD zoning district classification that is subject to a master plan or other development plan, development agreement, and/or settlement agreement, except that in the event of a conflict between the terms of a settlement agreement and this Chapter, the terms of the settlement agreement shall prevail. If a property with a PUD zoning district classification existing on the effective date of this Ordinance is not subject to any such plan or agreement, the property shall nonetheless be subject to the requirements set forth herein prior to development of the property.

(Ord. No. 2011-02, § 2, 5-9-11)

All property with a PUD zoning district classification remain subject to applicable requirements of the Code, including but not limited to Chapter 9 for platting, preliminary engineering, and final engineering for subdivision and/or site planning, as applicable.

(Ord. No. 2011-02, § 2, 5-9-11)