Ordinance No. 52-72-1 v • ORDINANCE NO - 7 - 1 L(, D
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY
FLORIDA, ESTABLISHING "PLANNED UNIT DEVELOPMENT" OR "PUD"
ZONES PROVIDING AN ALTERNATIVE MEANS OF LAND DEVELOPMENT
AND IMPROVEMENT COMPREHENSIVELY DESIGNED WITH LATITUDE TO
INCLUDE SEVERAL RELATED LAND USES THAT WOULD NOT OTHER-
WISE BE POSSIBLE THROUGH THE STRICT APPLICATICN OF OTHER
CITY ORDINANCES PROVIDING FOR STANDARD ZONING AND SUB-
DIVISION REGULATIONS ° PROVIDING PRINCIPLES AND CRITERIA FOR
PERMISSIVE APPROVAL OF APPLICATIONS FOR "PUD" ZONES, THE
CONDITION TO BE FULFILLED IN EACH APPLICATION AND THE
DATA TO BE SUBMITTED; PROVIDING FOR CONSIDERATION BY THE
CITY COMMISSION OF APPLICATIONS, PUBLIC HEARINGS, APPROVAL
OR DISAPPROVAL, AND FOR MODIFICATIONS THEREOF, AND FOR
ADOPTION OF THE "OFFICIAL PLAN" FOR "PUD" ZONES ; AND
AUTHORIZING LIMITED AUTHORITY TO THE BUILDING OFFICIAL
TO ISSUE PERMITS IN "PUD" ZONES AND REQUIRING CERTIFICATES
OF OCCUPANCY UPON COMPLETION OF PERMITTED "PUD" IMPROVE-
MENTS .
BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
Section A: INTENT AND PURPOSE
141.
It is the intent and purpose of this ordinance to encourage
planning of land use, improvement and development as a single complex,
rather than as an aggregation of individual buildings or units located
on separate unrelated land plots, consisting of physical grouping of
residences in clusters, townhouses or apartments, combination of
individually owned units, condominiums and co-operatives, with related
open spaces and community facilities and services, such as recreational ,
neighborhood retail and professional facilities essential to or suppor-
ting such land planning and development, to be known as "Planned Unit
Development" or "PUD" , which shall apply to all areas of the City
whether zoned or unzoned, to subdivision or re-subdivision of land and
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acreage replatting of existing platted land and wherever cir-
4110 cumstances require deviation from standard zoning and sub-
division regulations of the city specifying uses, lot area,
and dimensions, yard, front and open space requirements, and
shall also include land areas where appropriate for shopping
centers, business and industrial uses . The provisions of this
ordinance are also intended to encourage the exercise of imagina-
tive planning and design in the highest and best use of land
areas for modern housing offering a variety of dwelling or other
unit types .
Architectural harmony and compatibility with the neighbor-
hood can be stimulated by avoiding duplication of design, floor
iplan, and roof design. When these concepts are not taken into
consideration, there is a constant threat of the degradation of
the community. Therefore, submittal of any plans that are of
duplicate or similar design or duplicate any existing design for
construction in this city shall be referred to the City Com-
mission for approval.
Section B PERMISSIVE APPLICATION - PRINCIPLES OF CRITERIA
In order to provide greater flexibility in design, setbacks,
dimensions and heights, and other limitations that would other-
wise not be possible through the strict application of the
standard zoning and subdivision regulations of the City of
Atlantic Beach, all applications
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for "PUD" zones under this ordinance shall be permissive only, and shall
grant no property right to any person, firm or corporation making
application hereunder, and shall be subject to final action by the
City Commission of the City of Atlantic Beach, after public hearings
hereinafter provided for, that a "PUD" is necessary and appropriate
in order to provide and promote the public safety, health, and
general welfare, and that such a development if not generally incon-
sistent with the City' s master zoning plan, and meets the following
criteria:
le Be large enough to form an integral planning unit, and to
provide for adequate open space, circulation, off-street parking and
pertinent development amenities, and to be conveniently served by
appropriately oriented facilities and services;
2 . Be designed so that the diverse functional elements are
integrated, are properly orientated and are well related to topogra-
phy and natural landscape features;
3. Be well related to existing and proposed land use and
circulation patterns of adjoining properties, and should not constitute
a disrupting element with regard to the character of adjacent neighbor-
hoods and communities;
4. Be planned to economize on street and utility improvements,
but should provide adequate access for service and emergency vehicles
as well as for residents and the general public;
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5. Have an internal system of streets designed to move
vehicles safely and efficiently without dominating the overall design
or disrupting the functions of other planned facilities or open spaces;
6e Appropriate and useable open space in the form of private
parks, play areas, landscaped areas, water elements and walkways should
be included immediately adjacent to or accessible to all units contained
in such development;
7 . Community facilities should be grouped in locations which
relate to the open space system in order to provide focal points for
the overall design, and to maximize pedestrian and vehicle access;
8. Be based on and related to established planning standards,
or where such standards are lacking, be adequate to meet the needs of
such development, as determined by competent planning and engineering
consultants;
9. In case of cluster housing, townhouses or apartments,
condominiums or co-operatives and commercial or professional complexes,
a private property owners association or corporation shall be formed
to provide and assure the continuous maintenance of open areas and
community services and common facilities.
Section C: APPLICATION BY SPONSOR
For areas where a sponsor considers "PUD" Zone to be appropriate,
such sponsor may file an application therefore with the City Commission
of the City of Atlantic Beach to designate the area a "PUD" Zone. Such
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application shall be accepted for consideration by the City Commission
under the following conditions:
1. The sponsor shall be the owner of the area, or if not
owned by the spcnsor, the sponsor shall show privity in writing with the
owner or owners authorizing the sponsor to file the application.
2 . The area shall be sufficiently large to permit development
of a community or neighborhood, having a range of houses or dwellings
necessary facilities and off-street parking compounds, parks, play-
grounds or reservations of areas therefore, appropriately located and
in harmony with the proposed "PUD" .
3. The area shall be adaptable to a planned unit development
and bounded by major thoroughfares, streets, waterways or other external
boundaries, and as far as possible shall have within or through it no
major thoroughfares or other physical features which would tend to
destroy the neighborhood or community cohesiveness.
Section D: DATA TO ACCOMPANY APPLICATION
Together with the application for a "PUD" Zone, there shall be
submitted a tentative overall development plan, which shall show:
1. Topographic and surface drainage plans
2. Proposed plot plan
3. Proposed street or vehicular traffic system
4. Proposed reservations for parks, parkways, plcygrounds,
school sites and other open spaces.
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5. Proposed locations of any neighborhood business areas and
offstreet parking space therefore.
6. Proposed type of dwelling or other units, and portions of
area proposed therefor.
7 . Proposed location or plot plan of buildings, garages and/or
other structures, and parking spaces.
8. Tabulation of the total number of acres in the proposed
planned unit development, and the percentage thereof designated for
each of the proposed land uses, dwelling types, neighborhood retail
businesses, other non-residential uses, off-street parking, streets,
parks, schools, and other reservations.
9. A tabulation of the overall dwelling or other type unit
density per gross acre.
10. Preliminary plans and elevations of the several types of
structures and/or improvements proposed.
Section E: CONSIDERATION BY ADVISORY PLANNING BOARD
Upon receipt of application for a "PUD" Zone, fulfilling the
applicable requirements of Section B, C, and D hereof, the same shall
be taken under consideration by the Board, as follows:
1. The Board shall consider the application and proposed plan
for the community, the location, arrangement and size of lots, parks,
school sites and other reservations of open spaces; the location,
width and grade of streets; the location and arrangement of parking
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spaces; the location, arrangement and height of buildings; the location
arrangement and design of neighborhood building areas and accessory
parking spaces; the gross densities proposed for the entire area, and
such other features as will contribute to the orderly and harmonious
development of the area, with due regard to the character of the neigh-
borhood and its particular suitability for any one or more cf the pro-
posed uses. The Board after due consideration shall make its recommenda-
tion to the City Commission.
2. The City Commission may approve the application as a
tentative plan as submitted, or before approval, may require the
sponsor to modify, alter, adjust, or amend the application or any part
thereof.
3. Upon approval of a tentative plan the City Commission
shall set the proposed "PUD" Zone for a public hearing in the same
manner as for public hearings required prior to final adoption of
City Ordinances.
4. Following the public hearing on said proposed "PUD" Zone,
the City Commission shall take the following actions approve the
application; or before approval require that the sponsor tc further
modify, alter, adjust or amend the application or any part thereof;
or disapprove the application.
5. If the application is approved by the City Commission,
the land area shall be placed in a "PUD" Zone, and the sponsor,
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including the owner or owners, before beginning construction on the
proposed development, shall submit to the City Commission a final plan
consistent with the application for the "PUD" Zone.
6. The final plan, after adoption by the City Commission, shall
be deemed the Official Plan, and shall be signed by the Mayor-
Commissioner and the City Clerk, and by the sponsor and property owner
or owners, who by such signing shall indicate agreement of their
willingness to abide by the conditions and terms of such Official Plane
Thereafter, the building official of the City of Atlantic Beach shall
be authorized to issue building permits authorizing construction in
strict accordance with the conditions and terms of the Official Plano
7. An Official Plan for a "PUD" Zone may be amended, the pro-
cedure therefore to be the same as in the case of an original applica-
tion being made under Section C hereof.
Section F: USES PERMITTED
No building, structure or land shall be used; and no building
or structure shall be hereafter erected, structurally altered, enlarged
or maintained in a "PUD" Zone unless the same meets the conditions and
terms of the Official Plan, nor shall the same be occupied until the
building official has issued a certificate of occupancy certifying that
the improvement on that portion for which the permit was issued is
complete and fulfills all of the terms and conditions cf the Official
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Plan.
Section G: SEPARABILITY
In the event any section, subsection, paragraph or clause
contained herein shall be declared unconstitutional or invalid
by a court of competent jurisdiction, such declaration shall not
effect the remaining portions hereof, which shall remain in full
force and effect.
Section H: CONFLICTS REPEALED
All Ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section I : EFFECTIVE DATE
This ordinance shall become effective immediately upon
final passage.
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Passed by the City Commission on first reading 211,
g (/t , 1972.
Passed by the1 City Commission on second and final reading
d-rt- , 1972
Attest:
(SEAL)
0 aCe--a--e--
Adele S. Grage
City Clerk