(A) Purpose.
(1) This district is intended to provide flexible land use and design regulations through the use of performance criteria; so that small-to-large scale areas, or portions thereof, may be developed with a variety of residential types and nonresidential uses, and may contain both individual building sites and common property.
(2) A planned unit is to be designed and organized so as to be capable of satisfactory use and operation as a separate entity without necessarily needing the participation of other building sites or other common property in order to function as a neighborhood. This section specifically encourages innovations so that the growing demands of residential and nonresidential uses may be met by a greater variety in type, design, and siting of buildings and by the conservation and more efficient use of land.
(3) This section recognizes that the standard zoning functions (use and bulk) and the subdivision function (platting and design) are appropriate for the regulation of land use in areas of neighborhoods that are already substantially developed. This section further recognizes that a rigid set of space requirements along with bulk and use specifications would frustrate the application of this concept. Therefore, where PUD techniques are deemed appropriate the land may be rezoned to a PUD District. In so doing, conventional use and dimensional specifications are ignored in this section and are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use controls. This provides the means by which City Commission may approve land development plans which meet or exceed the level of development quality required by regular city zoning standards.
(4) It is intended that this district offer development design flexibility to developers, in order to encourage imaginative, functional, high quality development planning. The use of this district shall be limited to those development projects which will result in desirable community environmental qualities and development which is compatible with surrounding lands and activities.
(B) Design guidelines. Guidelines for the planned unit development shall be determined at the time of application submittal to the Planning and Economic Development Department. Guidelines include but are not limited to: Setbacks, buffers, required yards, lot size, distance between structures, or otherwise established herein.
(C) Active planned unit developments.
(1) Where a parentheses () comes after a planned unit development, it shall denote the name of an alias of the approved PUD.
(2) Where an asterisk * comes after a planned unit development, it shall mean that the PUD has been approved under a site plan.
(a) Big Sky (Keystone Lake);
(b) Big Sky North (Laguna Isles);
(c) Chapel Trail;
(d) Charleston in the Pines*;
(e) Meadow Pines (Cobblestone);
(f) Grand Palms;
(g) Nasher (Sarah Park);
(h) Pembroke Falls;
(i) Pembroke Isles (Lakes of Western Pines);
(j) Pembroke Shores;
(k) Pierpointe*;
(l) Raintree;
(m) SilverLakes;
(n) The Landings;
(o) TownGate;
(p) Country Pines (Walnut Creek).
(D) Standards.
(1) Minimum area required. Under normal circumstances, the minimum area required to qualify for a PUD District shall be 120 contiguous acres of land. The Planning and Zoning Board may consider projects with less acreage where the applicant can demonstrate that a smaller parcel will meet the objectives and requirements of a PUD District, but in no case shall projects less than 50 acres be qualified as a PUD District.
(2) Ownership of land to be used for the project. The parcel of land for a project may be owned, leased, or controlled either by a single person, corporation, or by a group of individuals. An application must be filed by the owner or by the authorized agent of all property included in a project. In the case of multiple ownership, the approved plan shall be binding on all owners, heirs, successors, and assigns.
(3) Permitted uses. All uses within an area designated as a PUD District are determined by the provisions of this section and the approved plan of the project concerned.
(a) Residential uses. Residences may be of any variety of types. (Single-family, multi-family, rental, condominium, townhouses, quadplexes, and the like). In developing a balanced community, the uses of a variety of housing types and designs shall be deemed most in keeping with this section.
(b) Accessory, commercial, service, and other nonresidential uses:
1. Because of the primarily residential nature of PUD, only those commercial and industrial uses which are compatible with residential uses may be permitted.
2. Customary accessory or associated uses may also be permitted, as appropriate, to the PUD.
3. The permitted uses shall conform to the approved PUD plan.
(4) Minimum area and land dedication requirements.
(a) Planned unit developments shall contain areas at least equal to 35% of the gross area in open space. In addition thereto, planned unit developments shall comply with the standards and regulations set forth in § 154.36.
(b) In the event the land shall not be required for municipal purposes, the City Commission may require the developer to make a cash contribution in lieu of the land dedication. The cash contribution shall be the higher of the appraisals of two qualified, mutually acceptable appraisers.
(c) Where the planned unit development is being constructed on a planned, phased basis, areas to be dedicated to the city shall be shown on the plan for that phase and shall be deeded to the city at the time of the approval of that phase. Likewise, cash contributions in lieu of land dedication shall be payable upon the approval of each phase.
(5) Setbacks or yards. There shall be a setback or yard of not less than 25 feet in depth, abutting all public road rights-of-way within or abutting a Planned Unit Development District.
(6) Access.
(a) Each dwelling unit or other permitted use shall have access to a public street either directly or indirectly via a private approach road, pedestrian way, court, or other area dedicated to public or private use or by common easement guaranteeing access. Permitted uses are not required to front on a road.
(b) The city shall be allowed access on privately owned roads, easements, and open space to insure the police- and fire-protection of the area, to meet emergency needs, to conduct city services, and to generally insure the health and safety of the residents of the planned unit development.
(7) Compatibility zone with adjacent zoning district. The planned unit development shall be generally compatible with surrounding uses and communities.
(8) Length of structures. The length of structures within any given PUD District shall be subject to the recommendations of the Planning and Zoning Board and the approval of the City Commission.
(9) Off-street parking. Off-street parking shall at least meet all requirements as required by the city. If changes in these requirements are requested by the applicant, a parking study shall be required to deem the changes necessary.
(10) Underground utilities.
(a) With the planned unit development, all utilities, including telephone, television cable, and electrical systems, shall be installed underground. Primary facilities providing service to the site may be exempted from this requirement.
(b) Large transformers shall be placed on the ground and contained within pad mounts, enclosures, or vaults.
(c) The developer shall provide adequate landscaping with shrubs and plants to screen all utility facilities permitted above ground.
(11) Open space regulations. Planned unit developments shall exhibit and maintain a total open space requirement at least equal to 35% of the gross area of the PUD. The following areas qualify wholly or partially as open space:
(a) No more than 50% of lakes and golf courses shall be counted toward the total open space requirement.
(b) All canals and lakes in excess of 80 feet in width may be counted toward open space requirements subject to division (D)(11)(a) of this section.
(c) If natural habitats of unique and significant value are determined to exist, the Planning and Zoning Board may recommend the area so defined to be left in an undisturbed state, and adequately protected or incorporated into the design of the PUD as a passive recreation area with a minimum of improvements permitted. In either case, 100% of the area contained therein may be counted as open space.
(d) The area contained in a continuous, open space pedestrian system; consisting of permanently maintained walks and trails, not less than 12 feet wide; leading to a natural amenity, recreation facility, or commercial use; offering internal pedestrian walkways that are divorced from roads and streets; may be counted as open space.
(e) The area contained in mini-parks; which may or may not be part of the open space system, but contain at least one acre and have a minimum dimension of 100 feet together with, but not limited to, one of the following: benches, playground apparatus, barbeque pits, and fire rings; may be counted as open space.
(f) The area occupied by a multiple-use recreation building and its attendant outdoor recreation facilities may be counted as open space.
(g) Any privately maintained or owned exterior open space adjacent to and for the exclusive use by the residents of an individual dwelling unit; enclosed or partially enclosed by walls, buildings, or structures, including balconies, terraces, porches, decks, patios and atriums may be counted toward the total open space requirement, providing the total area contained therein does not exceed 5% of the gross area of the PUD, nor decreases the amount of ground level open space below 30% of the gross area of the PUD. All previous land areas between the property or lot lines and the building or buildings thereon shall count as open space, except as herein otherwise provided.
(h) The area contained in public and private streets rights-of-way is not considered as open space and receives no credit toward the open space requirement.
(i) All open space and all private streets and ways shall conform to its intended use and remain as expressed in the master development plan through the inclusion in all deeds of appropriate covenants.
1. The deed restrictions shall run with the land and be for the benefit of present as well as future property owners.
2. All covenants and deed restrictions shall be included in the association documents, which shall specifically provide that the city shall have the power to enforce all the covenants and deed restrictions which affect the health, safety, and welfare of residents.
3. All covenants and deed restrictions shall grant to the city a lien upon all real property benefitted by the enforcement, in the event it is necessary for the city to enforce the covenants or restrictions.
(j) All open space as well as public and recreation facilities shall be specifically included in the development plan schedule, and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures.
1. If the rate of construction of dwelling units is greater than the rate which open space and recreational facilities have been constructed and provided, no permits shall be issued until the proper ratio has been provided.
(12) Procedure for zoning change land to PUD District classification. The applicant shall submit to the city an application for zoning change, on a form provided by the city,
(a) In order to allow the Planning and Zoning Board and the developer to reach an understanding on basic design requirements prior to detailed design, the developer shall apply for concept approval, and submit along with the applications:
1. A copy of the DRI Report and Development Order, if applicable to the PUD.
2. An area map showing the adjacent property owners and existing uses within 200 feet of the parcel.
3. A legal description of the metes and bounds of the parcel.
4. A sketch plan approximately to scale, though it need not be to the precision of a finished engineering drawing; and it shall clearly show the following:
A. The existing topographical features of the site.
B. The location of the various uses and their areas in acres.
C. The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private.
D. Delineation of the various residential areas indicating for each such area its general extent, size, and composition in terms of total number of dwelling units and approximate percentage allocation by dwelling unit type.
E. A calculation of the residential density in dwelling units per gross acre including interior roadways.
F. The interior open space system.
G. Principal ties to the community at large with respect to water supply, sewage disposal, and storm drainage.
H. General description of the availability of other community facilities, such as schools, fire protection services, and cultural facilities, if any, police, and solid waste disposal and how these facilities are affected by this proposal.
I. Evidence of how the developer's proposed land uses meet the existing and projected community requirements. Evidence as to requirements may be in the form of specific studies or reports initiated by the developer or in the form of references to existing studies or reports relevant to the project in question.
J. Evidence that the proposal is compatible with the goals of the official master plan, if such plan exists.
K. General statement as to how open space is to be owned and maintained.
L. All pedestrian walkway systems shall be shown. Sidewalks will be required along private streets, except where there is a pedestrian walkway within the common areas.
M. Evidence as to traffic movement on both exterior and interior roadways.
N. If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be stages, the sketch plan shall show the intended total project.
(13) Failure to commence or continue project. If no construction has begun or no use established in the planned unit development within one year from the time of zoning change, or if construction and development activity shall not thereafter be of a reasonably continuous nature, the site development plan lapses under the provisions of this section.
(14) Compliance with subdivision regulations. The city reserves the right to require the landowner to comply with any and all requirements of the subdivision regulations of the city as they now exist or as they may hereafter be amended.
(Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021)