(A) Intent. The planned community redevelopment district is a concept which encourages and permits variation in mixed use developments by allowing deviation in lot size, bulk or type of dwellings, density, height, lot coverage and open space from that required in any classification under the zoning regulations of the city. The purpose is to encourage the development of planned communities that provide a broad range of residence types as well as commercial uses designed to serve the inhabitants of the development, the redevelopment district and the
city as a whole. It is recognized that only through ingenuity, imagination and flexibility can developments be produced which are in keeping with the intent of this subchapter, the Bayfront Redevelopment District Plan and the City of Palm Bay Comprehensive Plan, while departing from the strict application of the conventional use and dimension requirements of other zoning districts and subdivision regulations.
(B) Establishment of Planned Community Redevelopment Districts. These districts may be applied within the Bayfront Community Redevelopment District established by the city. Such districts must be established by amendment of the official zoning map and shall carry a zoning designation of PCR. The PCR District may be requested in any zoning category except BMUV, Bayfront Mixed Use Village District, LI, Light Industrial and Warehousing District and HI, Heavy Industrial District.
(C ) Required elements. Each individual Planned Community Redevelopment District must contain the following required elements:
(1) A mix of commercial and residential uses subject to the land use criteria established in this section;
(2) Architectural standards;
(3) Signage standards;
(4) Landscaping standards;
(5) Streetscape, public open space, river view maintenance, public access and civic standards; and
(6) Development standards consistent with the criteria established in this section, including but not limited to minimum overall site size, height, setbacks, parking, loading, individual lot sizes and other development criteria.
(D) Commercial land use standards.
(1) Commercial use(s) consisting of one (1) or more of the following: retail, office, restaurant, personal services (hair salons, tailors, spas and similar uses) hotels, motels and similar uses is required to be provided in each Planned Community Redevelopment District based on the following minimum square footage standards:
(a) A minimum square footage equal to five percent (5%) of the land area for projects having an existing residential classification at the time of application submittal;
(b) A minimum square footage equal to ten percent (10%) of the land area for projects having an existing institutional classification at the time of application submittal; and
(c) A minimum square footage equal to fifteen percent (15%) of the land area for projects having an existing commercial or office classification at the time of application submittal.
(2) A minimum of fifty percent (50%) of the required commercial square footage must be located within the same building(s) as the residential uses proposed for development. The balance of the required commercial square footage may be located in separate buildings from the planned residential.
(3) When deemed appropriate by the City Council, up to forty percent (40%) of the required commercial square footage may be mitigated for through financial contributions made into a fund incorporated into the Bayfront Community Redevelopment Agency budget for promotion, development and enhancement of commercial development within the community redevelopment district. The amount of the contribution shall be determined by the City Council provided that a minimum of $33.75 per square feet of commercial not constructed is deposited into the fund. The forty percent (40%) mitigation shall be deducted from the minimums established in both subsection (1) and (2) above.
(E) Residential land use standards.
(1) A minimum of one (1) residential unit shall be constructed for each two thousand (2,000) square feet of required commercial.
(2) Residential units shall contain a minimum of one thousand two hundred (1,200) square feet of living area.
(3) Maximum density shall be twenty (20) units per acre. Density may be increased one (1) unit per acre for every two thousand (2,000) square feet of additional commercial developed on the site up to a maximum density of thirty (30) units per acre.
(F) Architectural standards.
(1) Applicants shall provide detailed architectural drawings for all structures within the project. The architectural styles must be cohesive within the project and shall include adherence to the standards contained in § 185.134.
(G) Landscaping standards.
(1) Detailed landscape plans and standards must be submitted for review and approval by the City Council. Landscaping must be provided to enhance the project by providing buffering from roadways and adjacent properties, breaking up parking and paving within the site and complementing buildings on the site.
(2) Any walls along the perimeter of the property shall be buffered from offsite view by landscaping. Such walls must be approved by City Council during the approval process.
(H) Streetscape, public open space, river view maintenance, public access and civic standards.
(1) Each project shall provide streetscaping, public open space, public access to the waterfront or other public/civic facilities as part of the development. These features shall be determined during the project approval process and may be met offsite if deemed appropriate by City Council.
(2) Projects between Dixie Highway NE (U.S. #1) and the Indian River Lagoon shall maintain a minimum of thirty percent (30%) of the frontage open through use of breezeways, no-build visibility corridors or other means.
(I) Development standards.
(1) The minimum size property necessary shall total two and one-half (2.5) acres.
(2) The maximum height permitted shall not exceed forty (40) feet. Height may be increased two (2) feet for every one thousand (1,000) square feet of commercial square footage constructed above the minimum commercial square footage required by this section, up to a maximum height of seventy (70) feet.
(3) Setbacks shall be determined during project review.
(5) There is no minimum lot size established for subdivided properties. Lot sizes shall be provided by the developer and must receive approval by City Council.
(6) Development standards shall be detailed in the applications support information provided by the developer during the approval process.
(7) Fencing is permitted along the rear and side interior property lines at a maximum height of eight (8) feet. Fencing along river frontage shall comply with (H)(2) of this district and shall be limited to a height of four (4) feet.
(J) Review process.
(1) An application for a Planned Community Development District zoning shall consist of a Preliminary Application Approval process and a Final Application Approval process. Approval of the Preliminary PCR request shall be via Resolution. A PCR zoning classification is established when the Final Application is approved by City Council and shall be enacted by Ordinance. Both the preliminary and final applications must be submitted for review and action to the Bayfront Community Redevelopment Agency, the Planning and Zoning Board and City Council. All meetings must be public hearings.
(K) Preliminary application submittal requirements.
(1) A general plan for the use of all lands within the proposed PCRD. Such plans shall indicate the general location of residential areas (including density and unit types), open space, parks, passive or scenic areas, and non-residential areas (including maximum building square footage and maximum height).
(2) A plan of vehicular and pedestrian circulation showing the general locations and right-of-way widths of roads, sidewalks, the capacity of the system and access points to the external and internal thoroughfare network.
(3) Quantitative summary of land uses (maximum acres, maximum non-residential building square feet, maximum number of residential dwelling units, etc.). A report shall be submitted to the city that
includes a statement indicating how the proposed development complies with the comprehensive plan and a general description of the proposed development including:
(a) The total acreage of the project.
(b) The number of acres proposed to be developed in the various categories of land use shown on the concept plan; the percentage of total acreage represented by each category of use and each component of development; and an itemized list of uses proposed for each of the components which shall be the range of uses permitted for that section of the PCR.
(c) The number and type of dwelling units proposed for the overall site and for its components, including dwelling unit per acre calculations and population projections for each and for non-residential projects, provide the gross square footage devoted for each land use.
(d) The establishment of minimum design standards which shall govern the site and development such as lot shape and size, internal streets and pedestrian ways, open space provisions, off-street parking, buffers and landscape areas.
(e) A site conditions map that includes:
1. Legal description and boundary survey signed and sealed by a registered Florida land surveyor.
2. Name of the PCR; owner, along with their address and phone number; surveyor and engineer of record; and, date of drawing.
3. Scale, date, north arrow, and general location map showing relationship of the site to external uses, structures, and features.
4. Boundaries of the subject property, all existing streets, buildings, water courses, easements, section lines, and other important physical features.
5. Existing topography (latest U.S. Department of the Interior Geological Survey) on the site and along all adjacent roadways.
6. The location and size of all existing drainage facilities and a utility concept plan.
7. The location and function of all other existing public facilities which would serve the residents of the site including but not limited to schools, parks, and fire stations.
8. Graphic displays necessary to depict proposed buildings, landscaping, conformance with surrounding area in terms of height, bulk and style and other graphics necessary to adequately determine that the criteria in this section have been met.
(L) Final application submittal requirements.
(1) Engineering plans.
(a) Engineering plans showing:
1. Existing ground surfaces and proposed elevations in the planned unit development.
2. If deemed necessary by the Council, subsurface conditions on the tract, including the location and results of tests made to ascertain the conditions of subsurface soil, rock, and groundwater, and the existing depth of groundwater.
3. Typical cross-sections of proposed grading, streets and sidewalks, canals and waterways.
4. Proposed type of pavement in accordance with city specifications.
5. Layout of water distribution, sanitary sewers and storm drainage systems, with grades and sizes indicated.
6. Final engineering drawing of water, sanitary sewer and storm drainage systems and sidewalks, streets, bulkheads, street name signs and adequate lighting.
(b) The engineering plans shall be in conformity with the requirements and specifications of the city subdivision regulations set forth in Chapter 184 of this code of ordinances.
(2) Final development plan:
(a) A final development plan containing, in addition to those items specified in § 185.055(K), the following information:
1. Dedication by owner and completion of certificate of surveyor.
2. The location, dimensions and character of construction of all proposed streets, driveways, points of ingress and egress, loading areas, number of parking spaces and areas, primary residential areas and structures, secondary nonresidential areas and structures, recreational areas and structures, and common open space areas.
3. Proposed lot lines (if any), lot and block numbers and dimensions of all primary nonresidential uses, and common open space.
4. The proposed architectural and landscape design of all structures and common open space that clearly reflects the compatibility of the variety primary and secondary uses proposed.
5. Location and width of canals and waterways.
6. Reservations, easements, alleys and any areas to be dedicated to public uses or sites for other than residential use with notes stating their purpose and any limitations.
7. Sufficient data to determine readily and reproduce on the site the location, bearing and length of every street, line, lot line, boundary line and block line, whether curved or straight.
8. The radius, central angle, point of tangent, tangent distance and arcs and chords of all curved property lines.
9. A legal description of the project’s boundaries with bearings, distances and tie point.
10. The final development shall meet the platting requirements of Fla. Stat. Ch. 177. In case of a large plan that may require two (2) or more sheets, the sheets are to be numbered and the numbers of the sheets are, to be indicated on the first sheet below the title.
(3) Development schedule. The development schedule shall contain the following information:
(a) The order of construction of the proposed stages delineated in the development plan.
(b) The proposed date for the beginning of construction of such stages.
(c) The proposed date for the completion of construction on such stages.
(d) The proposed schedule for the construction and improvement of common open space within such stages, including any complementary buildings.
(4) Title opinion. A title opinion from an attorney showing the status of the title to the site encompassed by the final development plan and all liens, encumbrances and defects, if any.
(M) Procedure.
(1) A fee, following the latest fee resolution shall accompany the preliminary and final development plan application for the purpose of administration, additionally, engineering, plat filing, necessary copies and travel fees will be incurred.
(2) The Bayfront Community Redevelopment Agency shall review the final development plan for its consistency with the Bayfront Redevelopment District Plan.
(3) The Planning and Zoning Board shall recommend the approval, approval subject to conditions, or disapproval of the final development plan with the preliminary development plan, the sufficiency and accurateness of the required exhibits, and the requirements and purposes of this subchapter and any other applicable provision of this code of ordinances and any other regulation of the city. The Planning and Zoning Board shall recommend the approval, approval subject to change, or denial of the final development plan.
(4) The City Council shall review the recommendations of the Planning and Zoning Board at a public hearing of the City Council and shall approve, approve subject to conditions, or deny the final development plan application.
(N) Recording of final development plan.
(1) After approval by the City Council of the final development plan application, the City Clerk shall see that all requirements of Fla. Stat. Ch. 177 have been complied with before the final development plan is recorded in the public records of the county.
(2) The transfer of, sale of, agreement to sell, or negotiation to sell land by reference to or exhibition of, or other use of a final development plan of a planned community redevelopment project, or portion thereof, that has not been given final approval by the City Council and recorded in the official records of the county is prohibited. The description by metes and bounds in the instrument of transfer or other documents shall not exempt the transaction from such prohibition.
(Ord. 2005-55, passed 9-15-05; Am. Ord. 2015-55, passed 12-1-15; Am. Ord. 2016-17, passed 4-21-16)