The following procedures, applications, and exhibits shall be required when applying for tentative zoning approval of a preliminary plan:
(A) Preliminary development plan application.
(1) Preliminary application. A preliminary application shall be submitted to the Land Development Division by the developer requesting approval of the site as a planned unit development zone. The preliminary application shall contain the name of the developer, surveyor and engineer who prepared the development plan and topographic data map, and the name of the proposed planned unit development.
(2) Exhibits. The following exhibits shall be attached to the preliminary application:
(a) Development plan that shall contain, but not be limited to, the following information:
1. Proposed name or title of project, the name of the engineer, architect, and developer.
2. North arrow, scale (one (1) inch equals two hundred (200) feet or larger), date, and legal description of the proposed site.
3. Boundaries of tract shown with bearings, distances, closures, and bulkhead liner. All existing easements, section lines and all existing streets and physical features in and adjoining the project, and the existing zoning.
4. Proposed parks, school sites or other public or private open space.
5. Off-street parking, loading areas, driveways and access points.
6. Site data including tabulation of the total number of gross acres in the project, the acreage to be devoted to each of the several types of primary residential and secondary nonresidential uses, and the total number of dwelling units, the maximum height of all structures, the minimum setbacks of all structures (and parking areas) and the total area of pervious and impervious surfaces.
7. Delineation of phased development, if applicable.
8. Proposed means of drainage for the site.
(b) Schematic drawing of the elevation and architectural construction of the proposed primary and secondary nonresidential structures.
(3) Submittal.
(a) The PUD zoning application and preliminary development plan (PDP) shall be submitted to the Land Development Division. Plans will not be distributed for city staff review until all items are submitted and sufficient for review. The PDP application must be complete and accompanied by two (2) copies of the preliminary development plan, as described in these regulations, an approved electronic copy, a filing fee, and a list of all owners of adjacent property and/or property directly opposite of the proposed subdivision. Such property owner information shall be obtained from the most recent County Tax Appraiser's rolls.
1. City staff will review the PDP application package for completeness and notify the applicant in writing whether the application submitted is sufficient or otherwise specify any deficiencies in the application. The City shall provide this notification in accordance with the timelines set forth in F.S. § 166.033.
2. Once the preliminary development plan application package is determined sufficient, the development coordinator will distribute the package to city staff. Pursuant to F.S. § 166.033(2), the city will not request additional information from the applicant more than three (3) times, without requesting a meeting with the applicant to discuss outstanding issues, unless the applicant waives this limitation in writing. If not waived, the city will proceed to process the application for approval or denial.
(b) Once the application is deemed complete, the Land Development Division shall process and coordinate the review of the preliminary development plan by the appropriate city departments. The appropriate city departments, to include police and fire departments, shall review and comment on the submitted information. Written comments from the city departments shall be returned to the Land Development Division to be incorporated into a staff report and prepared for a regularly scheduled meeting of the Planning and Zoning Board in accordance with the timelines set forth in F.S. § 166.033.
(c) Courtesy notice letters of the meeting shall be sent to the owners of abutting and opposite properties of the proposed subdivision. Failure by owners to receive such courtesy notice shall not affect any action or proceedings taken however. Notice of such a meeting shall also be posted on the property for which subdivision is sought.
(d) Preliminary development plans must be approved by City Council. Once plans are ready for the City Council, the applicant shall be notified.
(4) Application review.
(a) The preliminary development plan shall be reviewed formally by the Planning and Zoning Board to determine its conformity with the official plans and policies of the city and the requirements of this subchapter.
(b) Upon completion of its review, the Planning and Zoning Board shall recommend to the City Council, the approval, approval subject to conditions, or disapproval of the preliminary development plan application.
(5) Review criteria. The decision of the Planning and Zoning Board on the preliminary development plan application shall include the findings of fact that serve as a basis for its recommendation. In making its recommendation, the Planning and Zoning Board shall consider the following facts:
(a) Degree of departure of proposed planned unit development from surrounding areas in terms of character and density.
(b) Compatibility within the planned unit development and relationship with surrounding neighborhoods.
(c) Prevention of erosion and degrading of surrounding area.
(d) Provision for future public education and recreation facilities, transportation, water supply, sewage disposal, surface drainage, flood control and soil conservation as shown in the preliminary development plan.
(e) The nature, intent and compatibility of common open space, including the proposed method for the maintenance and conservation of the common open space.
(f) The feasibility and compatibility of the development plan to function as an independent development, providing for connectivity and walkability between residential and nonresidential uses within the development.
(g) The availability and adequacy of primary streets and thoroughfares to support traffic to be generated within the proposed planned unit development.
(h) The availability and adequacy of water and sewer service to support the proposed planned unit development.
(i) The availability and adequacy of existing police and fire services to support the proposed planned unit development.
(j) The benefits within the proposed development and to the general public to justify the requested departure from standard land use requirements inherent in a planned unit development classification.
(k) The conformity and compatibility of the planned unit development within any adopted development plan of the city.
(l) The conformity and compatibility of the proposed common open space, residential and nonresidential uses within the proposed planned unit development.
(6) Consistency with Comprehensive Plan. A PDP application may only be approved if it is consistent with the Comprehensive Plan.
(a) Conformance to PDP purpose. A PDP application may only be approved if it is in conformance with the purpose of PDPs as articulated in section 30-3.15.
(b) Internal compatibility. All uses proposed within a PDP shall be compatible with other proposed uses; that is, no use may have any undue adverse impact on any neighboring use, based on the streetscape, treatment of pedestrian ways and circulation, motor vehicle circulation, and the separation and buffering of parking areas and sections of parking areas; the existence or absence of, and the location of, focal points and vistas, open spaces, plazas, recreational areas and common areas, and use of existing and proposed landscaping; use of the topography, physical environment and other natural features; use and variety of building setback or build-to lines, separations and buffering; use and variety of building groupings, building sizes, architectural styles, and materials; variety and design of dwelling types; particular land uses proposed, and conditions and limitations thereon; and any other factor deemed relevant to the privacy, safety, preservation, protection or welfare of any proposed use within the PDP.
(c) External compatibility. All uses proposed within a PDP shall be compatible with existing and planned uses of properties surrounding the PDP; that is, no internal use may have any avoidable or undue adverse impact on any existing or planned surrounding use, nor shall any internal use be subject to undue adverse impact from existing or planned surrounding uses. An evaluation of the external compatibility of a PDP should be based on the following factors: adjacent existing and proposed uses, design of the development, traffic circulation, and density and intensity.
(d) Intensity of development. The residential density and intensity of use of a PDP shall be compatible with and shall have no undue adverse impact upon the physical and environmental characteristics of the site and surrounding lands, and shall comply with the policies and density limitations set forth in the Comprehensive Plan. Within the maximum limitation of the Comprehensive Plan, the permitted residential density and intensity of use in a PDP may be adjusted upward or downward in consideration of the following factors: the availability and location of public and utility services and facilities; the trip capture rate of development; and the degree of internal and external connectedness of streets.
(e) Usable open spaces, plazas and recreation areas. Usable open spaces, plazas and recreation areas provided within a PDP shall be evaluated based on conformance with the policies of the Comprehensive Plan and the sufficiency of such areas to provide appropriate recreational opportunities, protect sensitive environmental areas, conserve areas of unique beauty or historical significance, enhance neighborhood design, and encourage compatible and cooperative relationships between adjoining land uses.
(f) Environmental constraints. The site of the PDP shall be suitable for use in the manner proposed without hazards to persons either on or offsite from the likelihood of increased flooding, erosion or other dangers, annoyances or inconveniences. Condition of soil, groundwater level, drainage and topography shall all be appropriate to the type, pattern and intensity of development intended. The conditions and requirements of the protection of resources article shall be met.
(g) External transportation access. A PDP shall be located on, and provide access to, a major street (arterial or collector) unless, due to the size of the PDP and the type of uses proposed, it will not adversely affect the type or amount of traffic on adjoining local streets. Access shall meet the standards set in chapter 23 and chapter 30, article VI. Connection to existing or planned adjacent streets is encouraged. The trip generation report shall be signed by a professional engineer registered in the state when there is a difference between the traffic report provided by the petitioner and the concurrency test.
(h) Internal transportation access. Every dwelling unit or other use permitted in a PDP shall have access to a public street directly or by way of a private road, pedestrian way, court or other area that is either dedicated to public use or is a common area guaranteeing access. Permitted uses are not required to front on a dedicated public road. Private roads and other accessways shall be required to be constructed so as to ensure that they are safe and maintainable.
(i) Provision for the range of transportation choices. Sufficient off-street and on-street parking for bicycles and other vehicles, as well as cars, shall be provided. Parking areas shall be constructed in accordance with such standards as are approved by the city commission to ensure that they are safe and maintainable and that they allow for sufficient privacy for adjoining uses. When there is discretion as to the location of parking in the project, it is strongly encouraged that all motor vehicle parking be located at the rear or interior side of buildings, or both. The design of a PDP should, whenever feasible, incorporate appropriate pedestrian and bicycle accessways so as to provide for a variety of mobility opportunities. Connection to all sidewalks, greenways, trails, bikeways, and transit stops along the perimeter of the PDP is required. Where existing perimeter sidewalks do not exist, sidewalks shall be provided by the development.
(7) Review by City Council. Upon receiving the, recommendation of the Planning and Zoning Board, the City Council shall, at a regularly scheduled public hearing, review the recommendation and preliminary development plan and either approve, approve subject to conditions, or disapprove the preliminary development plan application. The decision of the Council shall be based upon a consideration of the facts specified as review criteria for the zoning board in § 185.064.
(8) Recordation of preliminary application. In the event the primary development plan application is approved by the City Council, a copy of such application and required exhibits shall be certified and approved by the City Clerk as a permanent record. A notice of such approval and filing, containing a legal description of the site, shall be recorded in the official records of the county, in the form of a resolution.
(B) Applications in excess of one thousand (1,000) acres.
(1) In the event any PUD application is in excess of one thousand (1,000) acres, the City Council may approve planned unit development zoning based on the requirements in this section on a revised or general basis. Specifically, the exact requirements of divisions (A)(2) above may be revised in terms of map scale and detail required.
(2) Following this, the developer shall have six (6) months to present a preliminary development plan for any minimum stage of ten (10) acres. At the request of the developer, and for good cause shown, the City Council may extend the period required for the filing of the plan for a time certain not to exceed six (6) months. The plan shall be reviewed by the Planning and Zoning Board and the procedure of divisions (A) above would specifically then apply to any stage or the total development. Provided, however, approval of a preliminary development plan shall be a condition precedent to the filing of an application for the approval of a final development plan under § 185.067.
(C) Amendments.
(1) Except as otherwise provided in this section, an amendment to an approved PDP (except for an extension of a time limit) shall be accomplished only by a new PDP rezoning application.
(2) The following types of amendments to the requirements of an approved PUD may be authorized by the appropriate reviewing board during development plan review, provided such amendments meet the criteria set forth in this subchapter for the development review process.
(3) Minor adjustments or shifts in the location and siting of buildings, structures, parking bays, and parking spaces.
(4) Changes in the location of utility tie-ins and solid waste, recycling, and yard trash containers.
(5) Reductions in the overall density or intensity of structural ground coverage of the development.
(6) Changes in the location and types of landscape materials, excluding changes in location of buffers.
(7) Minor changes in the walkway and bikeway systems.
(8) The addition of accessory structures or utility buildings of less than one thousand (1,000) square feet where there are no major changes to the perimeter features of the development.
(9) The addition of up to ten new parking spaces.
(10) Any expansion of gross floor area or enlargement of the building envelope that does not require the addition of required parking spaces or alter standards of the PUD ordinance.
(11) Modifications that do not entail amendments to specific language included within the PDPDP ordinance.
('74 Code, § 25-132(g)) (Ord. 89- 08, passed 4-27-89; Am. Ord. 2006-10, passed 2-2-06; Am. Ord. 2016-02, passed 1-19-16; Am. Ord. 2016-75, passed 11-17-16; Am. Ord. 2017-16, passed 2-16-17; Am. Ord. 2022-94, passed 9-15-22; Am. Ord. 2023-115, passed 1-4-24)