A. Purpose
Planned developments are developments that are planned and developed under unified control and in accordance with flexible standards and procedures that are conducive to creating more mixed-use, pedestrian-oriented, and otherwise higher quality development, as well as community benefits and amenities, than could be achieved through base zoning district regulations. The purpose of this subsection is to provide a uniform means for amending the Official Zoning Map to reclassify land to any of the Planned Development (PD) zoning districts established in Article 3: Zoning Districts.
B. Scope
Planned developments are established by amendments of the Official Zoning Map that rezone land to a Planned Development (PD) zoning district for which applicable development regulations are defined by a planned development master plan (PD Plan). Subsequent development within the PD district occurs through the appropriate site plan and plat review procedures and standards (as appropriate), which ensure compliance with the PD Plan.
C. Planned development procedure
1. Step 1: Pre-Application Meeting
Applicable (See Section 155.2301.).
2. Step 2: Neighborhood Meeting
Optional (See Section 155.2302.).
3. Step 3: Application Submittal and Acceptance
Applicable (See Section 155.2303.), except that applications may be initiated only by the owner(s) of all property included in the proposed planned development district (to ensure unified control), and shall include the following:
a. A PD Plan that depicts the general configuration and relationship of the principal elements of the proposed development, including uses, general building types, density/intensity, resource protection, pedestrian and vehicular circulation, open space, public facilities, and phasing;
b. A copy of the title to all land that is part of the proposed PD district (to ensure unified control).
4. Step 4: Staff Review and Action
Applicable to a recommendation by the Development Services Director following DRC review and comment (See Section 155.2304.).
5. Step 5: Public Hearing Scheduling and Notice
Applicable (See Section 155.2305.)
6. Step 6: Advisory Body Review and Recommendation
Applicable to a recommendation by the P&Z (See Section 155.2306.), following a quasi-judicial public hearing on the application conducted in accordance with Section 155.2307.B, Public Hearing.
7. Step 7: Decision-Making Body Review and Decision
Applicable to a final decision by the City Commission, following a quasi-judicial public hearing (See Section 155.2307.), except that the City Commission's final decision shall be one of the following:
a. Approval of the application subject to the PD Plan included in the application;
b. Approval of the application subject to conditions related to the PD Plan; or
c. Denial of the application.
D. Planned Development Review Standards
Review of and the decision on a Planned Development application shall be based on compliance of the proposed zoning reclassification and the PD Plan with the review standards in Section 155.2404.C, Site-Specific Zoning Map Amendment Review Standards, and the standards for the proposed type of PD district in Part 6 (Planned Development Zoning Districts) of Article 3: Zoning Districts.
E. Required Concurrent or Prior Approval of Flex or Reserve Units
The applicant shall submit an application for and obtain flex or reserve units necessary to implement the PD Plan prior to or concurrent with the approval of the Planned Development (PD) Zoning District.
F. Recordation
The Development Services Director shall record the adopting ordinance, the PD Plan with the Broward County Records.
G. Designation on Official Zoning Map
Designation of a PD zoning district on the Official Zoning Map shall note the ordinance number approving the PD zoning classification.
H. Effect of Approval
Lands rezoned to a PD zoning district shall be subject to the approved PD Plan. The PD Plan is binding on the land as an amendment to the Official Zoning Map. The PD Plan shall be binding on the landowners and their successors and assigns, and shall constitute the development regulations for the land. Development of the land shall be limited to the uses, intensity and density, configuration, and all other elements and conditions set forth in the PD Plan. The applicant may apply for and obtain subsequent development permits necessary to implement the PD Plan in accordance with the appropriate procedures and standards set forth in this Code. Any development permits shall be in substantial compliance with the PD Plan.
The PD Plan shall automatically expire if an application for a Site Plan (Major or Minor) for any part of the development shown on the approved PD Plan is not submitted within two years after approval of the Planned Development, or an extension of this time period authorized in accordance with Section 155.2308.B.2, Extension of Expiration Time Period.
Subsequent applications for development permits within an approved PD district may include minor deviations from the PD Plan, without the need to amend the PD Plan, provided such deviations are limited to changes that the Development Services Director determines:
1. Address technical considerations that could not reasonably be anticipated during the planned development approval process; and
2. Have no material effect on the character of the approved PD district and the terms and concept of the PD Plan. These include, but are not limited to, the following:
a. Changes in driveway locations;
b. Minor shifts in building size, configuration, or location;
c. Structure floor plan revisions; and
d. Facility design modifications for amenities and the like.
K. Amendment
Deviations from the PD Plan that would have a material effect on the character of the approved PD district and the terms and concept of the PD Plan, including, but not limited to, the following modifications, shall require amendment of the Planned Development in accordance with Section 155.2308.C, Modification or Amendment of Development Order:
1. Changes in use designations;
2. Density/intensity increases;
3. Decreases in open space;
4. Substantial changes in the location of streets (particularly if streets are to be deleted or access points to the development moved so traffic flows both inside and outside the development are affected);
5. Substantial changes in the location of any public easement; or
6. Change in the proportion of any housing type by more than 15 percent.