§ 158.175. Rezoning of Land to PUD; Procedure.

The procedure for rezoning of land to PUD classification is set forth within sections 158.315 through 158.322 and applying to the rezoning of land generally.

(A)

Applications, Materials to be submitted. In addition to information required for application for rezoning generally under sections 158.315 through 158.322, the applicant shall submit the following materials or data:

(1)

A statement presenting firm evidence of the unified control of the entire area within the proposed PUD. The applicant shall State agreement to: proceed with the proposed development according to the provisions of these zoning regulations and any conditions as may be attached to the rezoning of the land to PUD; provide agreements, contracts, deed restrictions, and sureties acceptable to the City for completion of the development according to the plans approved at the time of rezoning to PUD, and for continuing operation and maintenance of those areas, functions, and facilities as are not to be provided, operated, or maintained at public expense; and bind all successors in title to any commitments made under this subsection (A)(1). All agreements and evidence of unified control shall be examined by the City Attorney and no rezoning of land to PUD classification shall be adopted without a certification of the City Attorney that agreements and evidence of unified control meet the requirements of these zoning regulations.

(2)

A statement as to the density of development sought for the PUD and the supporting evidence or documentation as the applicant may feel is pertinent to enable the Planning and Zoning Board and the City Council to determine whether or not the density of development requested is reasonable and proper.

(3)

A conceptual development plan at the appropriate scale containing:

a.

PUD name, date, north arrow, and the legal description, boundary dimensions and area in acreage of the property;

b.

Name and address of owner, surveyor, engineer, and any other professional consultants involved with the generation of the plan information;

c.

Total gross acreage and square feet or acres devoted to various uses by type and density;

d.

A general location map showing relationship of the proposed PUD to surrounding development including surrounding future land use and zoning;

e.

The location of existing and proposed streets, easements, drainage areas, common areas such as parks and open space, water courses, and other existing important physical features in or adjoining the property;

f.

Delineation of all wetlands and upland habitat areas;

g.

General character, size, and location of buildings, parking areas, landscape and buffer areas, minimum lot size and total number of lots, if applicable; and

h.

Phase boundaries and schedule of project completion by phase, if applicable.

(4)

Proposed zoning district regulations such as minimum rear side, and front yards, maximum building coverage, minimum building height (nonresidential only), permitted uses and accessory uses, minimum lot requirements, minimum internal rear, side or front yards, minimum living area, as may be relevant to the PUD proposed.

(5)

A statement showing proposed modifications of zoning or other applicable City regulations where it is intended by the applicant that the modification serves the public interest to an equivalent degree.

(6)

Where necessary due to the unique character of the land involved, the size or intensity of the proposed development, or the types of proposed uses, the applicant may wish to submit or may be required by the City to submit one (1) or more of the following: an ecological survey; a comprehensive drainage study; a school impact study, including a letter from the county school board in keeping with the provisions of F.S. § 235.193; a recreation impact study; a traffic impact study; or a marketability study.

(C)[(B)]

Procedures . On applications for rezoning of land to PUD classification, the Planning and Zoning Board and the City Council shall proceed in general as for other applications for rezoning of land and approval of a conceptual site plan. PUD's generally require several revisions to the conceptual development plan prior to a final recommendation. The applicant should consider this in scheduling for final approvals.

(1)

The site plan review committee shall review each PUD plan and vote to recommend approval, to recommend approval with conditions, or to recommend denial of the conceptual development plan. The recommendation shall be forwarded to the Planning and Zoning Board with the application.

(2)

In recommending rezoning of land to PUD classification, the Planning and Zoning Board may recommend and the City Council may attach suitable conditions, safeguards, and stipulations, including but not limited to the following:

a.

Types or categories of land uses to be permitted within the district or specified portions thereof;

b.

Residential density to be permitted within the district or specified portions thereof;

c.

Minimum building lot sizes, required yards, building setbacks, floor area requirements, and maximum impervious surface area to be permitted within the district or specified portions thereof;

d.

Intensity of nonresidential uses to be permitted within the district or specified portions thereof, including square footage and floor area, height of structures, and amounts of land to be utilized for parking and other open space activities;

e.

Amounts, locations, and types of recreational areas, parks, open spaces, and facilities to be provided within the district or specified portions thereof, with dedication thereof to the public at no cost;

f.

Provisions to be made for necessary public facilities or services required by the district or specified portions thereof, with dedication thereof to the City or other applicable public body at no cost;

g.

Method of staging of various development phases within the district, including both the sequence and timing of those phases and the required dates for filing of final development plans.

(3)

In the application of those conditions and stipulations, applicable standards set forth within the conventional zoning districts of this Code shall be utilized wherever possible. Any conditions, safeguards, and stipulations made at the time of rezoning to PUD shall be binding upon the applicant or any successors in interest. Deviations from approved plans or failure to comply with any requirement, condition, safeguard, or stipulation shall constitute a violation of these zoning regulations.

(4)

A statement as to the density of development sought for the PUD and the supporting evidence or documentation as the applicant may feel is pertinent to enable the Planning and Zoning Board and the City Council to determine whether or not the density of development requested is reasonable and proper.

(5)

A conceptual development plan which is processed under sections 158.235 through 158.245

(6)

Proposed zoning district regulations such as minimum rear side, and front yards, maximum building coverage, minimum building height (nonresidential only), permitted uses and accessory uses, minimum lot requirements, minimum internal rear, side or front yards, minimum living area, as may be relevant to the PUD proposed.

(7)

A statement showing proposed modifications of zoning or other applicable City regulations where it is intended by the applicant that the modification serves the public interest to an equivalent degree.

(8)

Where necessary due to the unique character of the land involved, the size or intensity of the proposed development, or the types of proposed uses, the applicant may wish to submit or may be required by the City to submit one (1) or more of the following: an ecological survey; a comprehensive drainage study; a school impact study, including a letter from the county school board in keeping with the provisions of F.S. § 235.193; a recreation impact study; a traffic impact study; or a marketability study.

(D)[(C)]

Procedures. On applications for rezoning of land to PUD classification, the Planning and Zoning Board and the City Council shall proceed in general as for other applications for rezoning of land and approval of a conceptual site plan. PUD's generally require several revisions to the conceptual development plan prior to a final recommendation. The applicant should consider this in scheduling for final approvals.

(1)

The site plan review committee shall review each PUD plan and vote to recommend approval, to recommend approval with conditions, or to recommend denial of the conceptual development plan. The recommendation shall be forwarded to the Planning and Zoning Board with the application.

(2)

In recommending rezoning of land to PUD classification, the Planning and Zoning Board may recommend and the City Council may attach suitable conditions, safeguards, and stipulations, including but not limited to the following:

(3)

Types or categories of land uses to be permitted within the district or specified portions thereof;

(4)

Residential density to be permitted within the district or specified portions thereof;

(5)

Minimum building lot sizes, required yards, building setbacks, floor area requirements, and maximum impervious surface area to be permitted within the district or specified portions thereof;

(6)

Intensity of nonresidential uses to be permitted within the district or specified portions thereof, including square footage and floor area, height of structures, and amounts of land to be utilized for parking and other open space activities;

(7)

Amounts, locations, and types of recreational areas, parks, open spaces, and facilities to be provided within the district or specified portions thereof, with dedication thereof to the public at no cost;

(8)

Provisions to be made for necessary public facilities or services required by the district or specified portions thereof, with dedication thereof to the City or other applicable public body at no cost;

(9)

Method of staging of various development phases within the district, including both the sequence and timing of those phases and the required dates for filing of final development plans.

(10)

In the application of those conditions and stipulations, applicable standards set forth within the conventional zoning districts of this Code shall be utilized wherever possible. Any conditions, safeguards, and stipulations made at the time of rezoning to PUD shall be binding upon the applicant or any successors in interest. Deviations from approved plans or failure to comply with any requirement, condition, safeguard, or stipulation shall constitute a violation of these zoning regulations.

(Ord. No. 98-84, § 1, 3-22-99; Ord. No. 15-85, § 1, 12-7-15)