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