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Ordinance No. 90-83-81 v ORDINANCE NO. 90-83-81 AN ORDINANCE AMENDING ORDINANCE NO. 90-82-74, THE SAME BEING THE LAND DEVELOPMENT CODE, BY AMENDING SECTION III-G-1, PLANNED UNIT DEVELOP- MENT (PUD) WHEREAS, the City of Atlantic Beach, Florida, did adopt Ordinance No. 90-82-74 on July 26, 1982, the same being the Land Development Code, and WHEREAS, the City Commission does exercise its powers to amend the Land Development Code in order to encourage imaginative design to create a more desirable environment which will protect and improve the health, safety, comfort, appearance, and general welfare of the public, NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF ATLANTIC BEACH, FLORIDA, That Ordinance No. 90-82-74 be amended as follows: Section 1. That Section III-G-1 Planned Unit Development (PUD) be amended to read: G. SPECIAL USE DISTRICT 1. Planned Unit Development (PUD) The purpose of the planned unit development is to encourage imagina- tive design to create a more desirable environment than would be possible through the strict application of the minimum requirements of the Land Use Regulations. The purpose of planned unit development regulations is to encourage flexibility in the design and develop- ment of land in order to promote its most appropriate use; to facilitate the adequate and economical provision of streets, utilities, and public spaces; and to preserve the natural and scenic qualities of open areas. The objective of a PUD is to encourage ingenuity, imagination, and design efforts on the part of builders, architects, site planners and developers; to produce developments which are in keeping with overall land use intensity and open space objectives of the Land Development Code, while departing from the strict applica- tion of use, setback, and minimum lot size requirements of the several zoning districts. While such planned unit developments may depart from the strict application of the Land Development Regulations for the district or districts in which it is proposed to be located, such developments are to be compatible with the Comprehensive Plan and platted of record in accordance with the subdivision regulations. a. Intent - The intent of this part is to permit such flexibility and provide performance criteria for planned unit developments which: (1) Permit a creative approach to the development of land; and, (2) Accomplish a more desirable environment than would be possible through the strict application of minimum requirements of the zoning code; and, (3) Provide for an efficient use of land, resulting in small networks of utilities and streets and thereby lower development costs; and (4) Enhance the appearance of the area through preservation of natural features, the provision of underground utilities and the provision of recreation areas and open spaces in excess of existing zoning and subdivision requirements; and (5) Provide an opportunity for new approaches to ownership; and (6) Provide an environment of stable character compatible with surrounding areas; and (7) Retain property values over the years. b. PUD Defined For the purpose of this Land Development Code, planned unit development (PUD) shall mean the development of land under unified control which is planned and developed as a whole in a single or programmed series of operations with uses and structures substantially related to the character of the entire development. A PUD must also include a program for the provision, maintenance, and operation of all areas, improvements, facilities, and necessary services for the common use of all occupants thereof. c. Permitted Uses. Any use which is permitted or permissible by exception in any district may be included in a PUD. d. Site Requirements. Minimum site area required is -ifr deLeb. 7 acres. e. Application for Rezoning to PUD An application for rezoning to PUD shall proceed in general as • for other applications for rezoning; and, in addition to the information usually required for such applications, the following shall be required: (1) Plats and/or metes and bounds description of the area within the PUD. (2) The name and address of the owner and, if applicable, evidence of the assignment of an agent who represents the owner. (3) Evidence of unified control of the entire area within the PUD with all owners within the area of same identified. (4) An agreement by all owners within the PUD which includes their commitment to: (a) Proceed with the proposed development in accordance with the PUD ordinance and such conditions and safeguards as may be set by the City Commission in such ordinance; and (b) Provide a written statement of a proposal for com- pletion of such development according to plans approved by such ordinance, and for continuing operation and maintenance to such areas, functions and facilities as are not to be provided, operated or maintained by the City of Atlantic Beach pursuant to written agreement; and (c) To bind their successors in title to any commitments made in their application. f. Materials to accompany applications. An application for rezoning to PUD shall be accompanied by the following, in sufficient copies as deemed necessary by the Adminis- trative Official for referrals and recommendations: (1) Plans, maps, studies and reports as may be required by the City of Atlantic Beach in order to make the findings and determinations called for in the particular case. (2) Written description of the intended plan of develop- ment, clearly indicating where approval of the PUD will benefit the future occupants of the proposed development and the City in general. Such justifi- cation shall be based on the intent of the planned unit development. (3) A sketch plan at an appropriate scale supporting the above statement illustrating: (a) The preliminary location, grouping, and height of all uses and facilities. (b) In the case of residential development, the number of residential units proposed, their general location, number of stories, indicating those areas to be owner occupied and those to be renter occupied. (c) A preliminary vehicular and pedestrian circula- tion system including driveways, walkways, parking areas, and streets to be dedicated. (d) A system of open space and recreational uses, with estimates of acreage to be dedicated and that to be retained in common ownership. (e) A topographic map at an appropriate scale showing contour lines, including all existing buildings and wooded areas. (f) Site data including tabulation of total number of gross acres in the project and acreage to be devoted to each of several types of primary residential, secondary non-residential uses and of the space uses, the total number of dwelling units and square foot of gross non- residential building areas. (4) Preliminary statements indicating how the problems of maintenance and ownership of common facilities will be resolved. (5) Preliminary schedules of development, including the staging and phasing of: (a) Areas to be developed, in order of priority; and (b) The construction of streets, utilities and other improvements necessary to serve the proposed development; and (c) The dedication of land to public use. (6) Each of the above elements shall be listed as to their relative order of improvement with an estimated time schedule for their accomplishment. It is, among other things, the intent of this requirement that the schedule of development be such that a staged imple- mentation of the planned unit development would not result in land use conditions which would establish a precedent for the use of adjoining undeveloped property for the purposes other than that shown on the approved planned unit development. g. Application and Review Procedures. (1) The PUD zoning application shall be submitted to the Administrative Official at least thirty (30) days prior to the meeting of the Advisory Planning Board, at which meeting such application is to be considered. The Administrative Official shall review the preliminary development plan to determine its conformity with the Comprehensive Plan, policies of the City, requirements of the Land Development Code, and requirements of other applicable state and federal statutes, rules and regulations. (2) Upon completion of the review, the Administrative Official shall forward the PUD zoning application to the Advisory Planning Board. h. Action by the Advisory Planning Board. The Advisory Planning Board shall review the PUD zoning application and may recommend to the City Commission to enact an ordinance establishing PUD including any special conditions related thereto based upon the findings that: (1) The proposed PUD does not affect adversely the orderly development of the City, as embodied in this zoning code and in any comprehensive plan or portion thereof adopted by the City Commission. (2) The proposed PUD does not affect adversely the health and safety of residents in the area and will not be detrimental to the natural environment or to the use or development of adjacent properties or the general neighborhood. (3) The proposed PUD will accomplish the objectives and will meet the standards and performance criteria of Section 1-n. (4) The Advisory Planning Board may conduct a public hear- ing to assist in their development of a recommendation to the City Commission. i. Action by the City Commission. Upon receipt of the recom- mendation of the Advisory Planning Board, the City Commission may enact an ordinance establishing a PUD, including any special conditions related thereto based upon findings as outlined in Section h(a), (b), (c) above. j . Procedure for Adoption of PUD Ordinance. (1) Each PUD ordinance shall be introduced in writing, and shall contain all applicable materials which are applicable to the planned unit development. (2) A proposed PUD ordinance may be read by title or in full on at least two separate days and shall, at least seven (7) days prior to adoption, be noticed once in a news- paper. The notice of proposed enactment shall state the date, time and place of the meeting, the title or titles of the proposed PUD ordinance, and the place or places within the municipality where such proposed ordinances may be inspected by the public. A public hearing on the proposed ordinance shall be held on the second reading. (3) The City Commission shall direct the City Clerk to notify by mail each real property owner whose land the municipality will rezone by enactment of the PUD ordinance and whose address is known by reference to the latest ad valorem tax records. Notice shall state the substance of the proposed ordinance as it affects the property owner, and shall set a time and place for one or more public hearings on such ordinance. Such notice shall be given at least thirty (30) days prior to the date set for the public hearing, and a copy of such notice shall be kept available for public inspection during the regular business hours of the office of the City Clerk. The City Commission may, upon the conclusion of the hearing, immediately adopt the PUD ordinance. k. Deviations from the Ordinance Creating the PUD. In order to facilitate minor adjustments to the plans approved as part of the ordinance creating the PUD, the City Commission may approve changes in such plans which comply with the following criteria: (a) There are the same or fewer number of dwelling units and/or floor area; or, (b) The open space is in the same general location and in the same general amount, or a greater amount; or, (c) The buildings have the same or less number of stories and/or floor area; or (d) The roads and drives follow approximately the same course; and have the same public or private rights therein. 1. Expiration of Time Limits Provided in Ordinance Creating a PUD. If development actions required by the ordinance creating a PUD are not taken within any time limits set by the City Commission in such ordinance, the approval of a PUD as provided in such ordinance shall become invalid and no further action shall be permitted under same. m. Implementation of a PUD. (1) Development Plan. Fotlowing the enactment of an ordinance creating a PUD, a detailed development plan of all or part of the PUD shall be submitted to the Administrative Official for review in accordance with the schedule of development, as contained in the ordinance, which shall include: (a) All materials, drawings, information, and other documentation, as required by the City to certify substantial compliance with the PUD ordinance. (b) Agreements, contracts, deed restrictions and sureties acceptable to the City of Atlantic Beach for comple- tion of such development according to plans approved in the ordinance, and for continuing operation and maintenance to such areas, functions and facilities as are not to be provided, operated, or maintained by the City of Atlantic Beach pursuant to written agreement. (2) Record Plans. If the PUD ordinance requires the recording of record plats, such plats shall accompany the sub- mission of the development plan to the Administrative Official and shall be included in its approval of such plan, and plats so approved shall be recorded, as required by law. (3) Approval of Development Plan. The Administrative Official shall review the submittals required for the final development plan to assure its compliance with the PUD ordinance. The Administrative Official shall then for- ward the final development plan to the City Commission. The City Commission shall review the final development plan and, if found in compliance with this code, the PUD ordinance and standards established pursuant to Section 1-N, shall approve the same. (4) Permits Required. All construction in the development of a PUD shall proceed only under applicable permits, issued by the Administrative Official; and no building permit, certificate, or other document authorizing con- struction or occupancy within a PUD shall be issued, except in accordance with the approved development plan. n. Standards of Criteria. (1) Density of Developments. The total ground occupied by building and structures for residential use shall not exceed thirty-five (35) percent of the total ground area of that portion of the PUD devoted to residential use. (2) Open Space. The PUD may include residential lots of smaller size than would be permitted by the zoning regu- lations otherwise applicable to the site, provided the overall density is not increased. The excess land shall be utilized as open space. The open space area shall be recorded upon the final development plan of the PUD. The open space shall be utilized as a park, for either passive or active recreation or as a conservation area. The open space shall either be dedicated to the City of Atlantic Beach or be maintained by a community associa- tion composed of residents of the PUD. Land recorded as open shall not be encroached upon by any residential, commercial or industrial primary or accessory use. (3) Waiver of Yard, Dwelling Unit, Frontage Criteria, and Use Restriction. Minimum yard, lot size, type of dwelling unit, height and frontage requirements and use restrictions are waived for the PUD, provided the spirit and intent of the zoning ordinance is complied with the total develop- ment of the PUD. However, the City Conunission of the City of Atlantic Beach may, at its discretion, require adherence to minimum zone requirements within certain portions of the site if deemed necessary in order to maintain the spirit and intent of the zoning ordinance. (4) Support Legal Documents for Open Space. Legal docu- ments which assure adequate management and maintenance of the open space area must be provided by the developer for all areas proposed for common ownership by the residents of the PUD. Legal instruments provided for dedications, covenants, community associations, and subdivision controls shall: (a) Place title of common property in a form of common ownership by the residents of the PUD; e.g. , a duty constituted and legally responsible community association, cooperative, etc. (b) Appropriately limit the use of common property. (c) Place responsibility for management and maintenance of common property. The City Commission, at its discretion, may require the applicant to enter into a contract with the City of Atlantic Beach for maintenance of commonly held properties. (d) Place responsibility for enforcement of covenants. (e) Permit the subjection of each lot to assessment for its proportionate share of maintenance costs. (5) Access. Access to each single-family dwelling unit shall be provided via either a public right-of-way or a private vehicular or pedestrian way owned by the individual lot owner in fee or in common ownership with the resi- dents of the PUD. (6) Privacy. Each dwelling unit within the PUD, shall be provided visual and acoustical privacy. Fences, walks and landscaping shall be provided for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses and reduction of noise. (o) Community Facilities. (1) All utility facilities proposed for dedication to the City of Atlantic Beach must be acceptable by the City as to be of benefit to the general public. (2) All requirements for off-street parking and loading shall apply to the PUD unless otherwise waived or modified. (3) Access and circulation shall adequately provide for fire fighting equipment, furniture moving vans, fuel trucks, refuse collection, deliveries and debris removal. (4) All PUD's shall provide for underground installation of utilities, including telephone, power and cable television in both public and private rights-of-way. Provisions shall be made for acceptable design and con- struction of storm sewer facilities including grading, gutters, piping and treatment of turf to handle storm waters, prevent erosion and formation of dust. (5) Specifications for street design shall conform to the rules and regulations adopted by the City of Atlantic Beach. (p) Application Fee. The City may retain consultants to assist in the review of the PUD. The cost of retaining said consultants shall be borne by the applicant. Additionally, the applicant shall reimburse the City for administrative staff time required for the review and adoption of a PUD. The fee for personnel costs shall be the hourly rate (hourly wage multiplied by 1. 35) times a factor of two for administrative overhead), or as otherwise set by the City Commission. Section 2. This ordinance shall become effective immediately upon its final passage. * * * * * * * * * * * * * * * * * * * * * * * * * * * * Passed by the City Commission on First Reading June 13, 1983 Passed by the City Commission on Second Reading June 27, 1983 Passed by the City Commission on Third & Final Reading July 11, 19_83 • ATT EST: (SEAL) 2L1Q ) Ze Adelaide R. Tucker, City Clerk