HomeMy WebLinkAboutArticle XX/10�
ARTICLE XX: PLANNED UNIT DEVELOPMENT (PUD)
SECTION 54-4-20.1.: GENERAL REGULATIONS FOR PLANNED UNIT DEVELOPMENT
(PUD)
The following regulations shall be applicable to all Planned Unit Development Districts:
A. Purpose and Intent of Planned Unit Development.
The purpose and intent of the PUD district is to:
Achieve innovative and creative design and a high level of amenities within residential and non-
residential developments;
2. Promote efficient use of land by facilitating more cost effective and environmentally sensitive site
planning, including the arrangement of buildings, circulation systems, land use and facilities;
3. Stimulate opportunities for varied housing types;
4. Conserve and protect the natural environment including wetlands, natural habitat, drainage corridors,
flood prone lands, and other environmentally sensitive lands;
5. Provide for more useable and suitably located open space and recreation facilities and other public and
common facilities than would otherwise be provided under conventional land development procedures;
and
6. Achieve harmonious building and site designs.
Although the PUD provides opportunities for unique concepts, a Planned Unit Development (PUD) district
shall comply with the community character as promoted by the City Council and shall be designed to limit
impacts of the development internally within the confines of the PUD through compliance with the
regulations established in the Comprehensive Plan and as stipulated in the Land Development Code.
B. Size and Dimension Regulations. Within all Planned Unit Development districts the location, size,
dimensions, and design of yards, building setbacks, points of vehicular access, parking areas, building
characteristics, and all other planned site improvements shall provide for:
Safe and convenient internal vehicular circulation, including access and sufficient area for effective
delivery of emergency services such as fire protection;
Buildings with safe entry and exit from the front and the rear of respective buildings; and
Convenient, well -landscaped, and designed pedestrian ways and open space systems.
All PUD zoned properties shall comply with the specific size and dimension standards in Section 54-2-5.11-
14 as well as the following size and dimension criteria that shall be applicable throughout the PUD district:
1. Maximum Density/Intensity and Size and Dimension Criteria. The density and intensity of
development within PUD districts shall be consistent with the Comprehensive Plan Future Land Use
Map designations. The density and intensity expressed in Comprehensive Plan is the maximum
density/intensity that can be achieved. However, the maximum density/intensity is not guaranteed by
right. Maximum gross residential densities shall be construed to represent the maximum allowable units
which may be constructed on the gross land area, determined by dividing the "maximum allowable
units" by the "gross land area" (i.e., dwelling units/gross land area). Gross land area shall be construed
to represent all land under common ownership proposed for residential development.
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Article XOL Planned Unit Development
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Density designations shall be restricted or reduced for the following circumstances:
Waters of the City shall not be included as gross land area.
No development shall be permitted within jurisdictional lands and waters of the State or Federal
government, except in cases where agencies having jurisdiction determine that development rights
exist. Reference Section 54-2-5.10(B).
In reviewing applications/site plans for development of particular building sites, approval of the specific
density/intensity and size and dimension requirements shall be based on the following:
a. Privacy. The building setback shall maintain privacy within residential dwelling units on and off
site. These setbacks shall take into consideration the location and size of windows and their relation
to public and semipublic areas, streets, other on- or off -site residential and nonresidential
developments, windows and available as well as proposed screening.
b. Light and Air. The building setbacks shall provide adequate light and air, taking into consideration
the relationship between window size and the provision of light and air.
c. Mitigate Potential Adverse On- or Off -site Impacts. Size and dimension requirements imposed
on new residential or non-residential development shall be directed toward mitigating potential on -
or off -site adverse impacts on land uses that are less intense than the use proposed within the
planned unit development.
d. Density/Intensity, Building Configuration and Open Space. The arrangement and orientation of
structures, open space, landscaping, and pedestrian and vehicular circulation shall:
(1) Generate a functional and an aesthetically pleasing environment for user groups;
(2) Protect neighborhood cohesiveness and stability of residential characters;
(3) Ensure compatible transitions in land use density and intensity;
(4) Protect environmentally sensitive areas, particularly wetlands and floodplains;
(5) Minimize impacts of flood hazards to development;
(6) Require that all applicable Land Development Code regulations are satisfied including, but not
limited to, performance criteria of Chapter III and Article XVIII, "Site Plan Review
Procedures";
(7) Ensure that the number of units proposed is suitable for the site and that the site plan
incorporates design features that are consistent with the requirements of the Land Development
Code.
The maximum intensity stipulated for non-residential activities is stated in terms of floor area
ratio (FAR). Reference sections Section 54-2-5.12-13. The City shall reserve the power to
mandate changes in the site plan as well as mandate reductions in the density and/or intensity of
development proposed by an applicant/developer if the City finds that the proposed site plan
does not satisfy provisions of the Comprehensive Plan and the Land Development Code. See
FAR illustration in Section 54-2-5.10(B).
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Article X K Planned Unit Development
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2. Setbacks. Minimum setbacks shall be stipulated for typical lots proposed in the conceptual
development plan. The preliminary development plan shall provide detailed information on all setbacks
for each respective lot. The City shall retain the authority to mandate minimum setbacks during site
plan review based on specific site plan considerations and consistent with sound application of urban
design principles and practices. Consideration shall be directed toward provision of usable open space,
privacy, fenestration (i.e., roof line, placement and design of windows and doors), access to light and
air, preservation of natural vegetation, landscaping, pedestrian and vehicular access, surface water
management, pedestrian plazas, and other similar attributes of urban design which impact lot
configuration, building layout and arrangement of open spaces.
C. Subdivision Improvements and Urban Design Amenities. In addition to requirements of Article XIX,
"Subdivision" of this Code, all urban design amenities such as signage, open space systems, pedestrian
walkways, and street furniture shall reflect accepted principles and practices of urban design, including
streetscape amenities which promote a harmonious and aesthetic environment for pedestrians and other user
groups within the proposed development. This requirement shall be enforced in order to implement the
purpose and intent of the PUD. To this end, development plans shall incorporate:
1. A City Approved Drainage System. The Developer shall consider the relative advantages and
disadvantages of curb and gutters, french drains, retention/detention, swales and other similar drainage
system components and submit the proposed system to the City Engineer for review. The City Engineer
shall make recommendations to the Planning and Zoning Commission. After considering staff
recommendations, the Planning and Zoning Commission shall recommend appropriate action to the
City Council. After considering all recommendation, the City Council shall make a final decision
regarding the drainage system or combination of systems most appropriate for surface water
management. The following factors shall be considered:
a. Natural environmental conditions of the site;
b. Existing and proposed future hydrological conditions of the site, including existing and proposed
site elevations, amounts and rates of water run-off, water quality, and other related factors;
c. Available drainage improvements on and off site;
d. Intensity of proposed use, potential barriers to movement, and impacts of the drainage system
alternatives on pedestrian and traffic circulation, aesthetics of the project and impacts on the
surrounding area; and
e. Potential contaminants or pollutants generated by land uses, motor vehicles, or other sources of
pollutants and contaminants.
2. Sidewalks Complying with Subdivision Code and Improvements to Enhance Pedestrian
Movement. Sidewalks shall be planned and installed consistent with subdivision requirements. The
sidewalks shall link vehicle use areas including parking areas with all principal buildings. The
pedestrian circulation system shall include marked pedestrian crossings in order to separate vehicular
and pedestrian traffic.
3. Open Space and Landscape Furniture. Open space and landscape furniture, including open plazas,
walkways, functional and aesthetic paving material, street benches, waste disposal receptacles, and
sidewalk plantings may be used to promote the project's urban design and aesthetics.
4. Other Subdivision Improvements. All other subdivision improvements and project amenities shall be
consistent with a unified urban design.
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Chapter IV: Administration of Plan Review & Subdivisions
Article XX: Planned Unit Development
5. Loading Docks. Loading docks are prohibited on interior streets. Required loading docks shall be
located at the rear of all principal structures. Parking for trucks and all other company owned or
controlled vehicles shall be located at the rear of all principal structures.
6. Storage Areas. If the Planning and Zoning Commission determines that a demonstrated necessity exists
for outside storage or display due to the impracticality and unreasonableness of enclosure of such
services, storage and display areas, in such case such service, storage and display areas or yards shall be
screened by a continuous fence or wall by landscaping and berm system so as to provide a ninety (90)
percent opaque screen with a minimum height of five (5) to eight (8) feet, unless the same is
demonstrated by the applicant to the Planning and Zoning Commission's satisfaction to be impractical
and unreasonable.
D. PUD Requirements Continuing.
The requirements of Article XX shall be continuing and enforceable against any PUD approved pursuant to
this article. The requirements shall run with the land and shall be enforceable regardless of transition in
ownership. Article XX shall be enforceable against open space, green space, landscape, and tree protection
requirements, either existing or as hereinafter may be adopted. The respective uses shall be allowed only
after a finding that the use complies with the appropriate conditional use criteria and all other applicable
provisions of this Code. The City Council shall determine if such conditions and provisions are satisfied
after first considering the recommendations of the Planning and Zoning Commission.
SECTION 54-4-20.2: PUD ZONING AND CONCEPTUAL DEVELOPMENT PLAN APPROVAL.
A. General Procedures for Conceptual Development Plan Submittal and Approval. Petitions for PUD
zoning shall be submitted and processed as zoning amendments generally and in accordance with the
following special procedures:
1. Pre -application Conference. Prior to submitting a formal application for PUD zoning, the petitioner is
required to confer with the City and other County, State or regional agencies having jurisdiction or
permitting responsibilities impacting the proposed development. The petitioner is also required to
submit a tentative land use sketch plan for review at the conference, and to obtain information on any
projected plans, programs or other matters that may affect the proposed planned community. This pre -
application conference should address, but not be limited to, such matters as:
a. The proposed relationship between the anticipated project and surrounding uses, and the effect of
the proposed development on the City of Sebastian Comprehensive Plan Goals, Objectives, and
Policies as well as other stated planning and development objectives of the City. Prior to receiving
any PUD zoning district classification, the applicant must apply for and receive a Planned Unit
Development Comprehensive Plan Future Land Use Map designation for the subject property.
b. The adequacy of existing and proposed streets, utilities, and other public facilities to serve the
development. The applicant shall be required to submit narrative and graphic information that
addresses concurrency management issues pursuant to Article IX, "Concurrency Management" of
the Land Development Code.
c. The nature, design, and appropriateness of the proposed land use arrangement for the size and
configuration of property involved.
2. Initial Filing. Before a PUD shall be approved, an application for the PUD zoning and conceptual plan
approval shall be filed with the requisite fee to the Planning and Growth Management Department.
Such application shall contain the following materials or data in sufficient quantities for necessary
referrals and records:
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Chapter IV: Administration of Plan Review & Subdivisions
Article XX: Planned Unit Development
a. Evidence that the proposed PUD District land uses, including the proposed density and/or intensity
(001� comply with the land uses, density and intensity allowable pursuant to the specific Comprehensive
Plan Future Land Use Map designation for the subject property. The applicant must seek a
Comprehensive Plan Future Land Use Map amendment if the proposed land uses, density or
intensity proposed within the PUD are inconsistent with the Comprehensive Plan Future Land Use
Map designation for the subject property. Such application may be filed concurrently with the
application for the PUD district zoning; however, no action shall be binding on the PUD zoning
petition until the necessary amendment to the Comprehensive Plan Future Land Use Map has been
duly approved by the City and the State of Florida.
b. A proposed Conceptual Development Plan as prescribed in Section 54-4-20.2(B) herein.
c. Such other materials as the petitioner may feel is applicable to and in support of the PUD zoning.
d. Any additional information as may be required by the Planning and Zoning Commission or the City
Council at the time of any public hearing.
3. Fee for PUD Zoning Review. The minimum fee for filing said application shall be established by
resolution of the City Council.
4. Ownership Requirements for Application. A PUD zoning application shall be filed in the name or
names of the record owner(s) of the property included in the PUD. However, the application may be
filed by an applicant with an equitable interest in the property, or by an attorney or agent for the owner.
All applications shall include a verified statement showing each and every individual person having a
legal equitable and/or beneficial ownership interest in the property upon which the application for site
plan approval is sought, except corporations, in which case the name and address of the corporation and
principal executive officers will be sufficient.
All land included for the purpose of development within a PUD district shall be owned or under the
control of the petitioner for such zoning designation, whether that petitioner be an individual,
partnership or corporation, or a group of individuals, partnerships or corporations. The petitioner shall
present firm evidence of the unified control of the entire area within the proposed Planned Unit
Development and shall stipulate that, if the petitioner proceeds with the proposed development, the
petitioner shall:
a. Do so in accord with the officially approved conceptual PUD Plan for the development, and such
other conditions or modifications as may be attached to the PUD approval.
b. Submit as part of the final development plan, agreements, covenants, contracts, deed restrictions, or
sureties acceptable to the City Council for completion of the undertaking in accordance with the
adopted conceptual PUD Plan. The same shall guarantee that the applicant/owner shall provide for
the continuing operation and maintenance of all areas, functions, and facilities that are not to be
dedicated.
c. Bind the proposed development, including successors in title, to any commitments made under a.
and b. preceding.
5. Review Procedures for PUD Zoning. Each applicant for PUD zoning shall submit a Conceptual
Development Plan for approval by the City Council. The review process shall be carried out pursuant to
/00"h this article. If the Conceptual Development Plan and PUD zoning are approved, the applicant shall
submit a Preliminary Development Plan for review by the Planning and Growth Management
Department.
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Chapter IV: Administration of Plan Review & Subdivisions
Article %X- Planned Unit Development
a. Staff Review. Ten (10) copies of the Conceptual Development Plan shall be submitted to the
Planning and Growth Management Department for review by appropriate City staff and other
professional consultants as deemed appropriate.
b. Criteria for Review. The staff review shall address the following criteria:
(1) Compliance with the City of Sebastian Comprehensive Plan.
(2) Conformance with Applicable Ordinances.
(3) Land Use Compatibility.
(4) Adequate Public Facilities.
(5) Natural Environment.
(6) Economic Effects.
(7) Orderly Development.
(8) Public Interest;
(9) Other Matters. Any other matters which the City may deem appropriate or that would be of
particular relevance to the Planning and Zoning Commission and/or the City Council.
14� c. Review by Planning and Zoning Commission and City Council. The Planning and Zoning
Commission shall hold a public hearing on each PUD zoning and conceptual development plan.
The Planning and Zoning Commission shall submit a written report and recommendation
concerning the proposed changes of zoning and conceptual development plan to the City Council
for official action.
(1) Considerations by the Planning and Zoning Commission. The Planning and Zoning
Commission shall consider all aspects of the Conceptual Development Plan necessary to meet
the intent and requirements of this article and the Comprehensive Plan. The Planning and
Zoning Commission shall also consider the recommendations and comments in the Planning
and Growth Management Director's report. The Planning and Zoning Commission shall
evaluate the Conceptual Development Plan as defined in Section 54-4-20.2(B).
The Planning and Zoning Commission shall hold a public hearing and recommend to the City
Council based on whether the Conceptual Development Plan is consistent with Comprehensive
Plan and whether the Conceptual Development Plan generally complies with Development Plan
Review Considerations and Performance Criteria of Article XVIII. The burden is on the
applicant to demonstrate that the development is consistent with the Comprehensive Plan.
Furthermore, through the Conceptual Development Plan the applicant must demonstrate that the
proposed development can and shall comply with all provisions of the Land Development
Code. The applicant/developer is not required to satisfy all regulations governing site plan
approval at this stage of the review process. However, the applicant/developer must
demonstrate through the Conceptual Development Plan that the proposed development can
reasonably be anticipated to satisfy site plan review requirements, including all performance
criteria within the time frames mutually agreed upon.
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Article XM- Planned Unit Development
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(2) Action by the Planning and Zoning Commission. The Planning and Zoning Commission
shall recommend approval, approval with modifications or conditions, or denial of the rezoning
request and conceptual development plan. The Planning and Growth Management Director
shall prepare a written report of the Planning and Zoning Commission's action, including the
action, any condition stipulated by the Commission, and, if the Commission recommends
denial, the report shall clearly state the reasons for denial and cite provisions of the Code which
support the decision of the Commission. The report describing the Planning and Zoning
Commission's recommendation shall be in writing and forwarded to the City Council.
(3) Consideration by City Council. The City Council shall consider the recommendations and
continents of the Planning and Zoning Commission and the Planning and Growth Management
Director. The City Council may make such investigations as may be deemed reasonably
necessary to ensure conformity with the intent and requirements of this article.
(4) Action by the City Council. The City Council shall hold a public hearing and approve,
approve with modifications or conditions, or deny the Conceptual Development Plan, or may
refer the plan to the Planning and Zoning Commission for further consideration. In making its
decision, the City Council shall consider all aspects of the Conceptual Development Plan
necessary to meet the intent and requirements of this article and the Comprehensive Plan.
(5) Conditions. In approving a Conceptual Development Plan, the City Council may establish
such conditions and may require such modifications as shall ensure compliance with the PUD
district standards and regulations and further, the City Council may waive or modify
subdivision, site plan or other zoning requirements otherwise applicable to the development
when such waiver or conflict is not in conflict with the City's Comprehensive Plan or the intent
and purpose of the Land Development Code.
(6) Application for Rezoning. In the event that a Conceptual Development Plan shall be
disapproved by the City Council, the application for rezoning shall thereby be deemed to be
denied. In the event that the City Council shall approve, or approve with modifications or
conditions, a Conceptual Development Plan, the City Council shall thereupon grant with
conditions the rezoning application accompanying said plan.
(7) Additional Information. Prior to, or in addition to, approval of a Conceptual Development
Plan, and upon a determination that additional information is necessary for proper review of a
Planned Unit Development project, the City Council may require the submission of additional
information by the applicant. The review of such additional information shall follow the
procedures applicable to the review of the Conceptual Development Plan.
(8) Amendments of Conceptual Development Plans. Once a Conceptual Development Plan has
been approved, and there is cause for amendment of the same, or any portion thereof, such
amendment shall be processed in a like manner as the original submission. However, there
shall be no requirement to file an amended rezoning application unless the proposed amendment
would so dictate.
(9) Prescribed Time Limit for Development. The city council may approve a Planned Unit
Development application subject to a prescribed time limit of not more than eighteen (18)
months for the submission and approval of a preliminary development plan. Upon the failure of
the developer to meet this requirement, the conceptual plan becomes void.
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Chapter IV: Administration of Plan Review & Subdivisions
Article XX: Planned Unit Development
The prescribed time limit for the submission approval of a preliminary development plan may
be extended by the city council for good cause if the developer presents evidence within the one
/006N. and one-half (1 %) year period which demonstrates that the developer has progressed in good
faith toward implementing the conceptual development plan. The developer shall apply for the
extension at least ninety (90) days before the conceptual plan approval becomes void.
B. Required Form and Content of Conceptual Development Plan. An official application for PUD zoning
shall be accompanied by a Conceptual Development Plan that includes as a minimum, the following:
1. Vicinity Map. A vicinity map drawn to a minimum scale of one (1) inch = 200 feet which clearly
shows the site in relationship to its surroundings, and an aerial photograph made within the last four (4)
years at a scale of at least one (1) inch = 200 feet showing all property within 1,000 feet of the project
boundaries is required.
2. Property Boundaries. A certified survey delineating the location and dimensions of all boundary lines
of the development, and of any contiguous lands, including those separated only by a street, canal, or
similar feature, in which the developer or property owner presently has any legal interest.
3. Existing Conditions. The approximate location, nature, and extent of all existing easements, streets,
buildings, land uses, historic sites, zoning, tree groupings, environmentally sensitive areas, wetlands,
watercourses, and general U.S. Coast and Geodetic sheet topographic contours on the site; the location
of areas within the A, AE, and VE Zones as delineated on the Federal Emergency Management Agency
(FEMA) Flood Insurance Rate Maps (FIRM) for the City of Sebastian; the names of the property
owners of record and existing zoning and land uses for all property within three hundred (300) feet of
the perimeter of the PUD; and the approximate location and width of all existing or platted streets,
drainage ways, utilities, exceptional land characteristics, and similar features contiguous to the site.
4. Future Land Use Map Designations and Existing Zoning. The boundaries of underlying future land
use map designations and existing zoning districts.
5. Development Plan.
a. Legal Description. A legal description of the land comprising the PUD project.
b. Proof of Ownership. Legal instruments acceptable to the City Attorney that clearly indicate
persons having a legal and/or equitable ownership interest in the subject property. Where
ownership resides with a publicly held corporation whose stock is traded on a nationally recognized
stock exchange, the name and address of the corporation and all of its principal executive officers
will be sufficient. The documentation shall also include an affirmation that no other persons have
claims or interests (known to the applicant, developer, or owners) which might affect their right to
develop the entire PUD project as proposed.
c. Land Use. The total project acreage, approximate location of each land use and proposed intensity,
acreage by each proposed land use, dwelling unit types, general types of non-residential uses, open
spaces, recreational facilities, and other proposed uses. The quantitative land use data shall be
illustrated in a table that clearly depicts the total number of acres allocated to each active land use,
conservation uses, water bodies, recreation areas, and other similar allocation. The table shall also
depict total acres. The percent of land area allocated to each category of land shall equal one
hundred (100) percent.
d. Circulation. Circulation facilities plan showing approximate locations and types of all access
points and major streets.
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e. Conceptual Drainage Plan. A conceptual drainage plan designed by a Florida registered
professional engineer.
f. Location and Densities of Proposed Residential Activities. General location and proposed
densities for each dwelling unit type and approximate number of dwelling units by type.
g. Location and Square Footage of Proposed Non -Residential Activities. Approximate location
and square footage of each non-residential land use by general type, e.g., offices, neighborhood
commercial, industrial, etc., together with description of general characteristics of proposed building
and/or facility improvements.
6. Written Material.
a. Planning Objectives. A statement of planning objectives to be achieved by the PUD through the
particular approach proposed by the applicant. This statement should include a description of the
character of the proposed development and the rationale behind the assumptions and choices made
by the applicant. The statement shall include a proviso that provisions of the Comprehensive Plan
and Land Development Code shall be satisfied.
b. Development Schedule. A proposed binding development schedule indicating the approximate
starting and completion dates for the entire project and any phases thereof, together with appropriate
identification and conceptual description of such phases.
c. Environmental Impact Statement. A statement explaining the positive and negative
environmental impacts of the proposed development on: a) environmentally fragile lands including
any lands designated "Conservation" on the Official Zoning Map, as well as any other wetlands,
native habitats, flood plain, and any other significant natural features; b) natural vegetation,
including general tree removal estimates; c) impact of proposed grading plan and drainage system
improvements; and d) other significant natural features of site.
d. Public Facility Impact Statement. A statement identifying the estimated impact of the proposed
development on public facilities including: a) quantity of wastewater generated; b) quantity of
potable water required; c) description of recreation facilities proposed; d) estimated number of
school age children expected within the development; e) estimated property tax and/or sales tax
revenue generated by the project by phase; and f) any other positive or negative significant public
facility impact.
e. Additional Information. Any other additional material and information as the Planning and
Growth Management Director, Planning and Zoning Commission or City Council may reasonably
require.
SECTION 544-20.3: PLANNED UNIT DEVELOPMENT (PUD) PRELIMINARY
DEVELOPMENT PLAN AND PRELIMINARY PLAT REVIEW
A. General Procedures for Preliminary PUD Development Plan and Preliminary Plat Submittal and
Approval. The granting of a rezoning to a Planned Unit Development (PUD) and the approval of its
accompanying Conceptual Development Plan by the City Council shall constitute authority for the applicant
to submit a Preliminary Development Plan. The Preliminary Development Plan shall be filed, processed
and reviewed pursuant to this section. The Preliminary PUD Plan shall include a development plan and a
preliminary plat in accordance with Article XIX.
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City of Sebastian
Chapter IV: Administration of Plan Review & Subdivisions
Article XX: Planned Unit Development
1. Filing Preliminary Development Plan. No Preliminary Development Plan shall be filed unless it has
been prepared on the basis of a duly approved Conceptual Development Plan. The Preliminary
14M*� Development Plan shall be submitted within the requisite time limit, as established at Conceptual
Development Plan approval or as may be extended by City Council action.
2. Fee for Preliminary Development Plan Review. The minimum fee for filing said application shall be
established by resolution of the City Council.
3. Ownership Requirements for Application. The ownership requirements for filing a Preliminary
Development Plan shall be the same as for filing the Conceptual Development Plan as herein set forth.
4. Review Procedures for Preliminary Development Plan. Each applicant for a PUD shall submit a
Preliminary Development Plan for review by City officials. The review process shall be carried out
pursuant to this article. If the Preliminary Development Plan is approved, the applicant shall submit a
final plat for review by City officials.
a. Staff Review. Ten (10) copies of the Preliminary Development Plan shall be submitted to the
Planning and Growth Management Department for review by appropriate City staff and other
professional consultants as deemed appropriate.
b. Criteria for Review. The staff review shall address the following criteria:
(1 } Compliance with Subdivision Regulations.
(2) Compliance with Zoning Regulations.
(3) Compliance with the Comprehensive Plan.
(4) Compliance with the Conceptual Development Plan.
c. Review by Planning and Zoning Commission and City Council. The Planning and Zoning
Commission shall hold a public hearing on each preliminary development plan. If approved by the
Planning and Zoning Commission, the City Council shall also review the plan and approve said plan
prior to submission of any Final Development Plan.
(1) Considerations by the Planning and Zoning Commission. The Planning and Zoning
Commission shall consider all aspects of the Preliminary Development Plan necessary to meet
the intent and requirements of this article and the comprehensive plan. The Planning and
Zoning Commission shall also consider the recommendations and comments of the staff. The
Planning and Zoning Commission shall recommend to the City Council whether the
development plan and preliminary plat comply with the conceptual development plan, the
Comprehensive Plan, and the Land Development Code, as well as performance criteria of
Chapter III, Articles IX - XVI. The burden of proof shall reside with the applicant/developer to
demonstrate compliance.
(2) Action by the Planning and Zoning Commission. The Planning and Zoning Commission
shall recommend approval, approval with modifications or conditions, or disapproval. The
recommendation and reasons for the Planning and Zoning Commission action shall be in
writing and forwarded to the City Council.
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Chapter IV: Administration of Plan Review & Subdivisions
Article XX: Planned Unit Development
(3) Consideration by City Council. The City Council shall consider the recommendations and
comments of the Planning and Zoning Commission and staff. The City Council may make such
investigations as may be deemed reasonably necessary to ensure conformity with the intent and
requirements of this article.
(4) Action by the City Council. The City Council shall hold a public hearing and shall approve,
approve with modifications or conditions, or deny the Preliminary Development Plan, or may
refer the plat to the Planning and Zoning Commission for further consideration. In making its
decision, the City Council shall consider all aspects of the Preliminary Development Plan
necessary to meet the intent and requirements of this article and the Comprehensive Plan.
(5) Conditions. In approving a Preliminary Development Plan, the City Council may establish
such conditions and may require such modifications as shall assure compliance with the
Planned Unit Development standards and regulations.
(6) Requests for Additional Information. Prior to, or in addition to, approval of a Preliminary
Development Plan, and upon a determination that additional information is necessary for proper
review of a Planned Unit Development project, the City Council may require the submission of
additional information by the applicant. The review of such additional information shall follow
the procedures applicable to the review of the Preliminary Development Plan.
(7) Amendments of Preliminary Development Plans. Once a Preliminary Development Plan has
been approved, and there is cause for amendment of the same, or any portion thereof, such
amendment shall be processed in a like manner as the original submission. However, there
shall be no requirement to file an amended Conceptual Development Plan, unless the proposed
t4wol� amendment would so dictate.
(8) Prescribed Time Limit for Development. The City Council shall approve a preliminary
development plan application subject to a prescribed time limit of not more than eighteen (18)
months for the submission and approval of a Final PUD Plan. If the preliminary development
plan has not been implemented within the required time period, the preliminary development
plan becomes void. If the developer cannot meet this requirement, the developer may request a
extension of the Preliminary Development Plan. The request for such an extension shall be
made no later than ninety (90) days before the preliminary development plan becomes void.
The prescribed time limit for the submission and approval of the Final PUD Plan may be
extended by the City Council, for good cause if the developer presents evidence within the
eighteen month period which demonstrates that the developer has progressed in good faith
toward implementing the Preliminary Development Plan.
(9) Changes in Preliminary Development Plan. If a Final PUD Plan is submitted which includes
changes from the approved Preliminary Development Plan, the Planning and Growth
Management Director shall review the plan to determine the effect of the PUD and consistency
with applicable ordinances and make a recommendation to the Planning and Zoning
Commission. The Planning and Growth Management Director may approve minor site plan
modifications as provided for in Article XVIII. The Planning and Growth Management
Director may request that the Planning and Zoning Commission determine whether any changes
are of such significance that the Preliminary Development Plan should be re -submitted to the
Planning and Zoning Commission for review and approval by the City Council. In any case of
doubt, the revised Preliminary Development Plan shall be re -submitted for a recommendation
by the Planning and Zoning Commission and approval of the City Council.
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Chapter M Administration of Plan Review & Subdivisions
Article M Planned Unit Development
B. Required Form and Content for Preliminary Development Plan and Preliminary Plat. A
Preliminary Development Plan shall be submitted along with all of the material included in the
/40*N, approved Conceptual Development Plan. No permit for construction of subdivision improvements shall
be issued until the preliminary plat and development plan have been duly approved. The Preliminary
Development Plan shall include the conceptual plan together with the following:
ka
1. Written Material.
a. Development Schedule. A development schedule indicating the approximate date when
construction of the PUD or stages of the PUD can be expected to begin and be completed.
b. Quantitative Data.
(1) Total number of dwelling units by type.
(2) Total parcel size.
(3) Proposed lot or building site coverage by buildings and structure.
(4) Proposed lot or building coverage by impervious surfaces, other than buildings and structures.
(5) Gross and net residential density.
(6) Proposed amount of open space.
(7) Proposed amount of public lands including all dedicated rights -of -way, easements, and other
lands dedicated for public facilities and services.
(8) Internal Circulation plan depicting all proposed streets, alleys and ingress/egress locations.
c. Updated Environmental Impact Statement and Environmental Survey. A statement explaining
any additional information that may have been gathered or calculated since the approval of the
Conceptual Development Plan concerning any positive or negative environmental impacts that may
be associated with the development. This statement shall include all environmental information that
may be submitted as part of the Development of Regional Impact (DRI) review process, as appli-
cable. The updated environmental impact statement shall also include an environmental survey
showing the existing and proposed site conditions, including contours at two -foot intervals;
watercourses; areas within the coastal high hazard area; flood plains; wetlands; or environmentally
sensitive wetlands; waters of the State, survey of wetlands, and/or transitional wetlands under the
jurisdiction of the State or federal government; native habitats; other unique natural features; areas
of environmental concern; historic features; and trees and vegetative cover shown in a tree survey.
The environmental survey shall identify trees on the site, drainage, and the various aesthetic
characteristics of the subject site and of adjacent areas, and shall identify those portions of the area
deemed to be of critical environmental sensitivity. The Planning and Zoning Commission may
grant a waiver to the tree survey requirement upon recommendation by the Planning and Growth
Management Director. In such case, an aerial photograph denoting the tree canopy shall be
submitted in lieu of the tree survey.
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Chapter IV: Administration of Plan Review & Subdivisions
article XX: Planned Unit Development
d. Updated Public Facility Impact Statement, Including a Concurrency Management Plan. A
statement identifying any additional data or information that may have gathered or calculated since
the approval of the Conceptual Development Plan, concerning impacts of the development on
public facilities including strategy for meeting Article IX concurrency management system
requirements for each of the following: a) method and design for accommodating anticipated
wastewater to be generated by the development; b) planned recreation and open space
improvements; c) method and design improvements required to supply anticipated potable water
needs; d) system design for stormwater management projected improvements; e) traffic generation
and traffic assignments together with proposed improvements to accommodate projected trips while
maintaining adopted level of service standards; f) planned methods for accommodating projected
solid waste generation; g) estimated number of school age children expected within the
development and plans for accommodating their educational needs; h) estimated property tax and/or
sales tax revenue generated by the project by phase; and i) any other positive or negative public
facility impact. The statement shall also include all public facilities impact information that may be
submitted as part of a Development of Regional Impact (DRI) review process, as may be applicable.
e. DRI Information. If any Planned Unit Development qualifies as a Development of Regional
Impact (DRI), as defined in Chapter 380, FS such projects shall include all data submitted as part of
the required Application for Development Approval (ADA). If the applicant is within 80 percent of
the State's established DRI threshold, or if land ownership patterns in the vicinity of the site indicate
DRI potential, the City shall require that the applicant obtain a binding letter from the State
Department of Community Affairs. In such case the City shall not grant a development order or site
plan approval until the applicant has demonstrated through a binding letter that the project is not a
DRI.
f0141Nf. Archeological and Historic Resource Information. The location and nature of archeological sites
and historic buildings that are located within the proposed PUD, and the intended use of each shall
be included graphically on the preliminary plat.
g. Additional Information. Any other additional information or material, including a traffic impact
analysis, which the City Staff, Planning and Zoning Commission or City Council may reasonably
require.
2. Graphic Element of Preliminary Development Plan.
a. Plat. If the project involves the subdivision of land, then a preliminary plat, prepared by a Florida
registered engineer shall be submitted. The preliminary plat shall be submitted in accordance with
the provisions of the subdivision regulations. The surface water management plan meeting criteria
of Article XII, as well as other infrastructure components, including roadway improvements, water
and wastewater facilities, and other scheduled infrastructure improvements shall be prepared by a
Florida registered engineer. The preliminary plat shall include maps, data and written statements
necessary to show at least the following:
(1) Proposed name of the PUD, title of map, name of City, and description of section, township and
range.
(2) Name and address of record owners, applicant, and person preparing preliminary development
plan.
/Oft"N (3) The locations and names of abutting subdivisions and the names of owners of record of adjacent
acreage.
(4) Date, north arrow and graphic scale.
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Chapter IV: Administration of Plan Review & Subdivisions
Article M Planned Unit Development
(5) Legal description and survey of the proposed PUD boundaries made and certified by the Florida
registered land surveyor.
(6) Proposed lot or building site lines with dimensions, setbacks, and landscaped yards. Location
and floor area size of all existing and proposed buildings, structures, and other improvements.
Designation of all dwelling unit types and number of units. Net residential density calculations.
Plans for non-residential uses shall include the square footage allocated to each respective use.
(7) Location, name and dimensions of all existing and proposed dedicated public lands and private
parks and recreational areas and the conditions of such dedication.
(8) The width and location of any street or right-of-way shown upon the comprehensive plan within
the PUD and the proposed width, location and grade of all streets proposed public or private,
proposed on- or off -site by the applicant. Where private streets and roadways are proposed or
where common areas are proposed legal instruments running with the land shall be provided
which ensure perpetual maintenance. include projected trips, trip assignments to roadway
network, existing and projected levels of service on impacted linkages, and proposed traffic
improvements, including new facilities, additional lanes, signalization improvements,
acceleration/deceleration lanes, and related system enhancements. The support material must
comply with concurrency management provisions of Article IX.
(9) Location of closest available public water supply system and proposed preliminary design for
water service improvements, including existing and proposed level of service, general location
of facility improvements, and schematic drawings. The final construction drawing shall not be
required prior to preliminary plan approval, but shall be required prior to commencement of the
(104\ installation of such improvements. The support material must comply with concurrency
management provisions of Article IX.
(10)Area in square feet of each lot or building site, to be indicated in a rectangle within each lot or
building site.
(11)Typical cross -sections of proposed streets, sidewalks, canals and ditches and other proposed
improvements.
(12)Location of proposed wastewater collection system and proposed preliminary design of
wastewater collection improvements, including proposed location of improvements, existing
and proposed level of service, and schematic drawings. Final construction drawings shall not be
required prior to Preliminary Development Plan approval, but shall be required prior to
commencing the installation of such facilities. The support material must comply with
concurrency management provisions of Article DC.
(13)Location of proposed improvements for collecting and discharging surface drainage and the
preliminary design of such facilities, including the existing and proposed level of service, and
schematic drawings. Final construction drawings shall not be required prior to Preliminary
Development Plan approval, but shall be submitted prior to commencing the installation of such
facilities. The drainage plans shall comply with all provisions of Article XII "Surface Water
Management" as well as Article IX "Concurrency Management"
(14)Location and preliminary design of proposed bridges or culverts which may be required,
including the type of facility and general level of service as well as schematic drawings. Final
construction drawings shall not be required prior to Preliminary Development Plan approval,
but shall be required prior to commencing the installation of such improvements.
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(1 5)Proposed locations and preliminary designs for sidewalks, curbs, storm drainage facilities,
water mains, sanitary sewers, fire hydrants, and flow facilities.
(16)Location and width of proposed permanent utility easements. The easements shall provide
satisfactory access to existing rights -of -way or other open space shown upon the preliminary
PUD plat. Permanent drainage easements shall also be shown.
(17)Where the preliminary PUD plat covers only a part of contiguous land owned by the applicant,
a master phasing plan shall also be required unless the application certifies that the remaining
real property shall be developed independently of the proposed PUD plat.
(18)The proposed treatment of the perimeter of the PUD plat, including material and techniques
used, such as landscape, fences and walls for screening and buffering.
(19)Location of wetlands and/or environmentally sensitive areas located within the site. Discuss
any endangered wildlife habitats or vegetative communities, wellfzeld, aquifer recharge areas,
wetlands that will be impacted by construction of stormwater runoff.
b. Site Plan. If the project requires site plan approval, a site plan shall be submitted. The site plan
shall be submitted in accordance with the provisions of Article XVIII, "Site Plan Review
Procedures." The surface water management plan meeting criteria of Article XH, as well as other
infrastructure components, including roadway improvements, water and wastewater facilities, and
other scheduled infrastructure improvements shall be prepared by a Florida registered engineer. The
site plan shall include maps, data and written statements necessary.
c. General Appearance. Graphic presentation of the general features of proposed structures,
excluding single family detached dwellings, including:
(1) Floor plans and square footage of all multi -family and non-residential buildings or structures;
and
(2) Elevations, sections and/or perspectives as necessary to indicate the basic architectural intent,
the height of buildings and structures, and the general window and door arrangements.
d. Dedication or Reservations of Land for Public Use. The location and size, in acres or square
feet, of all areas to be conveyed, dedicated or reserved as open spaces, public parks, recreational
areas, school sites, and similar public uses. The narrative shall demonstrate compliance with
concurrency management requirements of Article IX.
e. Vehicular, Pedestrian and Bicycle Circulation and Parking. The existing and proposed
circulation system of arterial, collector, and local streets including off-street parking areas, service
areas, loading areas, and major points of access to public rights -of -way (including major points of
ingress and egress to the development). Notations of proposed ownership -- public or private --
shall be included where appropriate. The existing and proposed pedestrian and bicycle circulation
system, including its interrelationship with the vehicular circulation system indicating proposed
treatments of points of conflict.
f. Open Space and Landscape Plan. A general landscape and grading plan indicating the proposed
modifications in the topography and ground cover together with a plan for design of open space
/,., systems and landscaping. The landscape plan shall comply with open space, landscape and tree
preservation requirements of this article and other applicable provisions of this Code, especially
Articles XIV.
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Chapter IV: Administration of Plan Review & Subdivisions
Article XX: Planned Unit Development
g. Information Concerning Adjacent Lands. Information on adjacent areas sufficient to indicate the
relations between the proposed development and the adjoining areas, including:
(1) Land ownership within three hundred (300) feet of the exterior boundary of the property.
(2) Existing land use and designation on the Comprehensive Plan Future Land Use Map.
(3)
Zoning classification.
(4)
Circulation system.
(5)
Density.
(6)
Public facilities.
(7)
Unique natural features.
h. Additional Information. Any additional graphic information required by the Planning and Zoning
Commission that is necessary to evaluate the character and impact of the proposed PUD.
SECTION 54-4-20.4: SUBDIVISION CONSTRUCTION APPROVAL.
Upon approval of the preliminary development plan for a subdivision, the developer may apply to the City
Engineer for approval of the construction drawings of the proposed subdivision. The procedures shall be the
same as outlined in Article XIX, "Subdivisions".
SECTION 54-4-20.5: GENERAL PROCEDURE FOR FINAL DEVELOPMENT PLAIN REVIEW
A. General Procedure for Final Development Plan Submittal and Approval.
1. Final Development Plan for a Site Plan. Upon completion of a site plan, the developer shall submit
an as -built drawing of the site plan certifying that the site has been constructed in conformance with the
approved Preliminary Development Plan. The Planning and Growth Management Director shall review
the Final Development Plan and if the Final Development Plan is in substantial conformity with the
Preliminary Development Plan as described in 4 below, the Planning and Growth Management Director
shall approve the Final Development Plan
2. Final Development Plan for a Plat. Upon completion of the construction of the subdivision, the
developer shall submit a final plat and as -built drawings certifying that the subdivision has been
constructed in compliance with the Preliminary Development Plan. The final plat shall be compliant
with Section 54-4-19.5(C-F). The final development plan must be prepared in accordance with the
approved preliminary development plan and shall not be considered approved by the City Council and
shall not be recorded in the records of Indian River County until it has been approved in a manner
prescribed pursuant to Section 54-4-19.5(C-F). A final plat may be prepared and submitted for the
entire planned unit development at one time, or for the approved development stages on an individual
basis.
3. Review Final Development Plan. The review procedures for the final development plan shall be the
same as the review procedures established for a final plan in Section 54-4-19.5(C-F). If the final site
plan includes any proposed changes, the final site plan shall be reviewed pursuant to procedures
established for site plan review in Article WII.
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Article M- Planned Unit Development
4. Substantial Conformity with Preliminary Development Plan Required. The final development plan
shall be in substantial conformity with the approved preliminary development plan. In achieving
substantial conformity, no change authorized by this Subsection may cause any of the following:
a. A change in the use or character of the planned unit development;
b. An increase in overall coverage of structures;
c. An increase in the intensity of use, or the density;
d. An increase in the problems of traffic circulation and public utilities;
e. A reduction in approved open space;
f. A reduction in required pavement widths; or
g. A violation of a specific requirement or condition of the Land Development Code.
Changes, erasures, modifications, additions or revisions shall not be made to a final plat after the
City Council approval has been given, unless the final plat is resubmitted for approval, except as
required by law for clarification.
All changes in use, re -arrangement of lots and blocks, changes in the provision of common open
spaces, and other changes except those listed in the paragraph above, may be allowed at the
discretion of the City Council. Such amendments may be made only if they are shown to be
required by: 1) changes in conditions that have occurred since the preliminary development plan
was approved; or 2) by changes in adopted City policy
5. Failure to Comply with Approved Final Development Plan. Failure to comply with the requirements
of the approved PUD, any conditions imposed in its approval, including time conditions, shall constitute
a violation of this Article. Upon finding by the City Council that the developer has failed to comply
with the conditions of any staging plans or prescribed time limits, the approval of the PUD shall be
automatically terminated. Prior to continuing with the planned unit development, the developer shall
reapply to the City Council for approval to continue. The City Council may authorize the petitioner to
continue under the terms of the PUD and site plan approval or may require the developer to re -submit
the application in conformance with any step outlined in the procedure for preliminary development
plan or final plat approval. No subsequent plan or re -approval shall effect an increase in the overall
project density, intensity or change in use as established in the site plan.
6. Occupancy and Use of Premises. Prior to the use or occupancy of any portion of the planned unit
development project, the developer must satisfy all the provisions of the Final Development Plan
stipulated herein, and obtain all necessary permits and a certificate of occupancy.
SECTION 544-20.6: OWNERSHIP OF OPEN SPACE AND LANDSCAPED AREAS
All open space required by this Chapter shall be either private, reserved for common use, or dedicated to the
public. All required open space shall be reserved as such through appropriate deed restrictions that cannot be
removed without the consent of the City Council. Private open space shall be owned in fee simple title as part
of a lot or parcel in private ownership. The use of private open space shall be reserved and limited through
/08kN appropriate deed restrictions. The deed restriction shall require the property owner to maintain the private open
space in perpetuity.
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Article M Planned Unit Development
All open space reserved for common use shall ultimately be owned in fee simple by an organization of property
owners within the PUD plat. The organization shall be established by the applicant, and all organizational
documents, including, but not limited to, article of incorporation, bylaws and restrictive deed covenants, shall be
submitted to the City Attorney for approval prior to recording in the public records of the County and filing with
the Secretary of State. The organization shall be responsible for the maintenance of all common open spaces.
The organization shall be empowered to assess reasonable maintenance fees upon the owners of real property
within the PUD plat for the maintenance of the common open space.
A. All open space reserved for common use shall be conveyed to the organization prior to or at the time when
two-thirds (2/3) of all the dwelling units of the PUD plat under development have been sold. Conveyance
shall be by a general warranty deed in fee simple absolute, acceptable to the City Attorney. The deed shall
include a deed restriction providing for the perpetual maintenance of the common open space by the
organization.
B. The organization may offer to convey the common open space to the City at no cost. If the City accepts the
offer, then the conveyance shall be of general warranty deed in fee simple absolute, acceptable to the City
Attorney. Upon acceptance, the open space shall be available for use by the general public. The City shall
not accept a conveyance of common open space unless arrangements acceptable to it are made for the
continued maintenance of the open space, which arrangements may include maintenance by the City.
C. Open space dedicated to the public shall be open to the general public.
D. All landscaped yards shall be owned in fee simple as part of an approved lot or parcel, and the landscaped
yards shall be reserved and controlled through appropriate deed restriction. The deed restrictions shall
require the property owner to maintain the landscaping in perpetuity.
� SECTION 544-20.7: ENFORCEMENT AND PENALTIES
/'1
In the event of a non-compliance with this article, the Planning and Growth Management Director, or a
designated representative, shall have the authority to suspend construction activity and revoke any building
permit issued under this article, and to take all actions necessary to halt construction until such time as the
provisions herein are complied with. In the event legal action is necessary, and costs are incurred by the City in
forcing compliance, these expenses shall be borne by the developer or parties violating the terms of this article.
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