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HomeMy WebLinkAboutBoard of County Commiss... (24) RESOLUTION NO. 74-165 WHEREAS, the St. Lucie County Planning and Zoning Commission after holding a public hearing on October 24, 1974, of which notice was published at least fifteen (15) days prior to said hearing, has recommended to the Board of County Commissioners of St. Lucie County that the following amendments to the Comprehensive Zoning Resolution for St. Lucie County be adopted, and WHEREAS, said Board of County Commissioners held a public hearing on said amendments on November 26, 1974, after first publishing a notice of said hearing in the News Tribune published in Fort Pierce, Florida on the 8th day of November, 1974, said date being at least fifteen (15) days prior to the date of said hearing, and WHEREAS, said public ~ aring was continued until the 10th day of December, 1974. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- sioners of St. Lucie County in meeting assembled this 10th day of December , 1974, that the Comprehensive Zoning Resolution for St. Lucie County be and the same is hereby amended as follows: 1. Amend maximum densities as set forth in Paragraph 1, Sub- section 21, Section 7 to read in part as followS: "P-1 B-1 ?B-2 5.0 per acre 5.0 per acre 8.0 per acre 2. Amend P-1 District (Professional and Restricted Commercial) in Schedule of District Regulations, ~o3~read as fOllows: "PERMITTED PRINCIPAL USES AND STRUCTURES Any use permitted in an R-4A Multiple. Dwelling District, subject to the limitations, requirements and procedures specified for such use unless such use is specifically permitted in this district. Permitted uses shall also be as follows: Drug stores, restaurants, except that no Outside service shall be permitted Medical and dental clinics Open parking lots for parking self-propelled passenger vehicles, but not including buses Private offices for professional uses Real estate offices, and~ Any other public trade or occupation or profession deemed necessary or desirable for public convenience and welfare and in conformity with the provisions of this zone." 3. Amend P-1 District (Professional and Restricted Commercial) in Schedule of District Regulations, to read as follows: "MINIMUM FLOOR AREAS (see definition) Each dwelling unit: As for R-4A" 4. Amend B-1 District (Neighborhood Business ) in Schedule of District Regulations by adding between MAXIMUM HEIGHT OF STRUCTURES and LIMITATIONS ON SIGNS: "MINIMUM FLOOR AREAS (see definition) Each dwelling unit: As for R-4A" 5. Amend B-2 District (Limited Business) in Schedule of District Regulations to read as follows: "MINIMUM FLOOR AREAS (see definition) Each dwelling unit: As for R'4A Each efficiency unit: As for R-4E Each motel unit: As for R-4~E e Amend Subsection 20(A)(2) of Section 7 to read as follows: "(2) The application shall be in the form prescribed by the Count~ Building and Zoning Departm~t and shall be accompanied by the required application fee. The authority for a person other than the owner to file an application must be attached to said application." Amend Schedule of District Regulations by adding a new district designated PDP DISTRICT to read as follows: P.D.P. PLANNED DEVELOPMENT PROJECT INTENT The intent and purpose of this district is to provide an alternative means of land development and to provide design latitude for the site planner. Further, the intent of this provision is to encourage the unified development of tracts of land by permitting, within the confines of an overall density limitation, much more creative and flexible concepts in site planning than would otherwise be possible through the strict application of minimum and maximum requirements of other zoning districts. Where such flexibility is permitted, Planned Development Project design and construction shall follow a carefully devised plan of development which shall be prepared in accordance with the requirements, procedures, and approvals herein prescribed. The requirements of area, height, bulk and placement regulations, as they are usually applicable to individual buildings and individual lots of record, would in certain cases of large scale development have results affording less protection to the public health, safety and welfare than if a measure of flexibility was permitted. The permitting of these Planned Development Projects as special and particular land uses can, in certain cases, increase the desirability and convenience to the residents or occupants of the Planned Develop- ment Project without causing adverse effects on adjoining properties. DEFINITION A Planned Development Project ~(1) is land under unified control, planned and developed as a whole in a single development operation or approved programmed series of development operations for dwelling units and related uses and facilities; (2) (3) includes principal and accessozyuses and structures sub- stantially related to the character of the development itself and the surrounding area of which it is a part; is developed according to comprehensive and detailed plans which include not only'streets, utilities, lots, or building sites and the like, but also site plans, floor plans, and elevations for all.buildings as intended to be located, constructed, used, and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings; (4) includes a program for full provision, maintenance, and operation of such areas, improvements, facilities, and services as will be for common use by some or all of the occupants of the planned unit development, but will not be provided, operated, or maintained at public expense. DESIGNATION OF PDP ZONE The boundaries of land rezoned to PDP classification shall be indicated on the Official Zoning Map and symbol "PDP". A change to PDP zone is permitted in any zone that permits residential uses, and base PDP density shall be computed according to the following formula: base PDP density = total units permitted under prior zoning area in Planned Development Project Rezoning to PDP shall become effective upon approval of the Final Plan by the Board of County Commissioners. GENERAL REGULATIONS The general regulations for all Planned Development Projects shall be as follows: (1) %he owner shall receive County Commission approval of the Comprehensive PDP Plan prior to start of construction. (2) the owner of a Planned Development Project shall permanently mai~'taintke-areas~d-esignated, on the final plan for lands- caplng purposes. (3) the developer shall be required to provide a detailed statement of assurance including covenants, agreements, or other specific documents, showing the ownership and method of providing perpetual ~aintenance to be applied to those areas within the project that are to Be used for open space, recreational or other common or quasi-public purposes. Such a statement shall be attached to the Preliminary and Fianl Plans as special conditions. (4) The developer shall be required to complete all improvements including those required as special conditions before a Certificate of Occupancy shall be issued. If the Planned Development Project is to be developed in stages, all improvements in each separate stage including those required as special conditions shall be completed before a Certificate of Occupancy is issued or a building permit issued for construction of the next stage. (5) an application for a Planned Development Project may include a proposed division of the tract of land.within the project property lines into one or more separateley owned and operated units. Such proposed divisions, if approved along with the proposed planned development project and if in compliance with the subdivision regulations, shall be per- missible without further subdivision regulation approval. All projects whibh include a proposed subdivision of the total tract of land into separatel~_..~ owned and operated units shall,~ if approved, be subject to all attached special con- ditions and all existing subdivision regulations. (6) there shall be no subdivision of an approved Planned Devel- opment Project unless such subdivision is in conformance with the originally approved and recorded final plat of the planned development project has been approved and recorded. (7) there shall be no change, alteration, amendment, or extension of any approved planned development project final plan unless such change, alteration, amendment, or extension is approved in conformance with the procedures for filing a Planned Development Project. (8) all land included for purposes of development within a Planned Development Project shall be under the control of the appli- cant, whether that applicant be an individual, partnership, or corporation or a group of individuals, partnerships, or corporations. The applicant shall present firm evidence of the unified control of the entire area within the pro- posed Planned Development Project. (9) tracts of land under unified ownership as defined in Sub- section 21(5) of Section 7, containing the minimum or greater acreage alloWable for a Planned Development Project, and zoned in two or more classifications, shall be developed as a Planned DevelOpment Project, unless: (a) it can be demonstrated to be in the public interest to change the zoning on the parcel to a single classifi- cation. it can be demonstrated that independent development of ~he separatel¥-~ zoned areas of the single parcel will not result in an-incompatible land use relationship. GENERAL DESIGN STANDARDS The County shall examine the proposed Planned Development Project with particular attention to the following: (1) (2) (3) (5) (6) (7) (8) (9) the influence the proposed project may be expected to have on existing or future development in surrounding areas and the achievement of a desirable relationship between the buildings and the land, and between the buildings themselves. sites without adequate access' to collector and arterial streets will require a lower density than sites with direct access to major thoroughfares. Further, the number of dwelling units within ~:~'. :~...:LL: the vicinity of the Planned Development Project, number and spacing of Project access points will be taken into consideration in evaluating quality of access. to ensure that existing or proposed utility services are adequate for the population densities or land use intensities proposed. to ensure that the proposed project reflects the overall location standards and principles of land use arrangement and design as set forth in the Comprehensive Plan and especially the .Land Use Plan for the area. off-street parking space shall be provided on the site so that there will be no generation of automobile parking on any street or access road. all off-street parking facilities proposed to be located above ground level shall be designed and constructed so that entrance and 'exit'ramps---do not result in direct or indirect traffic congest~ion_on the .site or on adjacent streets. in Planned Development Projects containing multi-family housing, areas shall be provided for the parking, loading and unloading of delivery trucks and other vehicles and for the servicing of buildings by refuse collection, fuel and other automobile parking spaces. Such areas shall be~dequate in size and so arranged that they may be used without blockage or interference with the use of accessways or autom6bile parking facilities. access points on all collector or arterial streets serving a Planned Development Project shall be properly located and spaced. The local planning agency may approve the use of temporary access points that shall be e!iminatedby the developer when access roads or other streets are extended to the permanent access points. no Planned Development Project shall be permitted vehicular. access to a minor residential street unless specifically approved by the County. '(10) no intensive recreational, commercial or miscellaneous non- residential use shall be permitted in a PDP within 150 feet of the boundary of any adjacent residential district. (11) all multi-family dwellings shall meet current spacing requirements. Planned Development Projects shall be so located in relation to sanitary sewers, water lines, storm and surface drainage systems, and other utilities systems and installations that neither extension nor enlarge- ment of such systems will be required in manner, form, character, loca- tion, degree, scale, or timing resulting in higher net public cost or earlier incursion of public cost than would development in forms generally permitted under existing zoning in the area. However, if aPPlicants will (1) provide pri~-ate facilities, utilities, or services approved by appropriate public agencies as substituting on an equivalent basis, and assure their satisfactory continuing operation permanently,or until similar public utilities, facilities, or services are available and used, or (2) make'provision acceptable to the County for offsetting any added net public cost or ~arty-- commitment of public funds made necessary by such development, the rezoning to PDP may be approved. In computing added net public costsl difference in anticipated public installation, operation, and maintenance costs and difference in anticipated public revenue shall be considered. Determination shall be made by experts acceptable to the County. SUBSTANTIVE DESIGN STANDARDS Circulation System: Every dwelling unit, or other use permitted in the Planned-Development Project shall have access to a public street either directly or via an approved private road, pedestrian way, or other area dedicated to public or private use, or common ~lement guaranteeing access. Permit- ted uses are not required to front on a dedicated public road. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the Planned Development Project shall not be connected to streets outside the development in such a way as to encourage their use by through traffic. The proposed Planned D~velopment Project must be so located with regard to major thoroughfares and uses outside the project that traffic congestion will not be created by the proposed development or will be obviated by presently projected improvements and that uses adjacent to such thoroughfares will not be adversely affected. A part of every residential building shall not be farther than sixty (60) feet from an access roadway or drive providing vehicular access from a public street. The.design of internal circulation systems must be coordinated with the non-residential element of the PDP. Ail commercial or miscellaneous non-residential land uses within the PDP shall have direct access to a collector or arterial street without creating traffic hazards or congestion on any street. The pedestrian circulation system and its related walkways shall be insulated completely and as reasonably as possible from the vehicuiar street system in order to provide separation of pedestrian and vehicular movement. This shall include, when deemed to be necessary by the County Commission, pedestrian ~nderpasses or overpasses in the vicinity of schools, playgrounds, local shopping areas, .and other neighborhood uses which generate a considerable amount of pedestrian traffic. Streets in a PDP may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall be constructed in accordance with standards required by the County Reg- ulations for Filing Plats and Developing Subdivisions and other appli- cabte.-standard County specifications. If the owners in the future should request that tne private streets be changed to public streets, the owners shall fully agree that, before acceptance of such streets by the County, the owners shall bear full expense of reconstruction or any other action necessary to make the streets fully conform to the requirements applicable at that time for public streets, prior to dedication and acceptance. Finally, the owners shall also agree that these streets shall be conveyed to public use without compensation to the owners and without the owners' expenses in making such streets conform. to the requirements applicable at that time ~r public streets, if at some future date, the County so requests. Within the boundaries of the Planned Development Project, no minimum lot size or minimum yards shall be required; provided, however, that PDP frontage on dedicated public roads shall observe front yard requirements in accordance with the zoning district the PDP use most closely resembles~and that where the Project abuts another Residential District, a permanent open space at least twenty-five (25) feet wide shall be provided along the property line, shall be maintained in landscaping, and no driveway or parking shall be permitted in such an area. Parkinq: Offstreet parking and loading requirements are governed by Section 11 of the Comprehensive Zoning Resolution and the.following standards: (1) Parking and loading areas shall be arranged so as to prevent through traffic to other parking areas. (2) Parking and loading areas shall be screened from adjacent structures, roads, and pedestrian walkways with hedges, dense planting, earth berms, changes in grade or walls. (3) No more than 15 parking spaces shall be permitted in a continuous row without being interrupedby landscaping. (4) No more than 60 parking spaces shall be accommodated in ~ny unlandscaped single parking area. (5) All streets and any off-street loading area shall be paved. However, upon recommendation of the County Engineer and approval by the County Commission, up. to 25% of the parking area may be finished with a permeable surface. (6) All parking areas and off-street loading areas shall be graded, drained, and constructed so as to dispose of all surface water without erosion, flooding, or other inconven- iences, and constructed in order to contain and dispose of surface runoff ensite. (7) Parking and loading for non-residential purposes shall be provided in accordance with applicable provisions of the Comprehensive Zoning Resolution and as deemed adequate by the County Commission. (a) Off-street.parking and loading requirements may be modified by the County Commission as appropriated to the particular case based upon the types of establish- ments permitted and the anticipated proportion of walk-in trade. (b) Multiple use of off-street pazking, loading, or service areas and accessways for commercial and miscellaneous non-residential uses may be pDrmitted, if such multiple use will not lead to congestion or the creation of hazards to pedestrian and vehicular traffic. Parcel Size: Any tract of land for which a Planned Development Project application is made shall contain a minimum amount of land as specified for the fallowing types of development: Majqr Tvpe of Use Single Family Residential Use Multiple Family Residential Use Mixed Single and Multiple Family - Residential Use (Over 50% Multiple Family) Minimum Area~Require~ 10 acres 2 acres 5 acres Ail lighting facilities shall be arranged in such a.~manner so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties. All Planned Development Project building construction shall conform to all local, state and federal regulations'pertaining to the part%-. cular type of building or buildings proposed. The developer shall provide the local planning board or designated agency with assurance of such compliance when appropriate. The County may attach any reasonable special condition necessary to ensure that 'there shall be no departure from the intent of this res61ution. Because a Planned Development Project is inherently more complex than a single lot development and because each such project must be tailored to the topography andneighboring uses, the standards and special conditions for such projects cannot be inflexible. Open Space: Required open space shall comprise at least forty (40) percent of the total gross area of the Planned Development Project and shall be devoted to planting, walkways, and recreational areas. Open Space includes: (1) Land area of the site not covered by buildings, parking areas, garages or carports, or other accessory structures except recreational structures when such recreational facilities and their accessory uses do not constitute more than five (5) percent of total open space in impervious surfaces (paving, roofs, etc.). (2) Land which is accessible and available to all occupants of dwelling units for whose use or enjoyment the space is intended. Open Space Does Not include: (1) Utility easements; (2) Proposed street right-of-way; (3) Parking areas and roadways; (4) School sites and other community facility sites; and, (5)~ Non-residential areas and the buildings, accessory uses, and parking and loading facilities for those non-residential areas. Common open space (land reserved primarily for the leisure and recreat- ional use of the Planned Development Project residents and owned and maintained in common by them) shall comprise at least twenty (20) percent of the total gross area of the Planned DeVelopment Project (fifty (50) percent of required open space) and shall be improved to be used for recreational or park purposes for the collective enjoyment and use of the occupants of the development. At the request of the developer and subject to approval by the County Commission, use of recreational facilities may be offered to the general public by~ the developer and/or owners. The remaining fifty (50) percent of the required open space, i.e., that not to be improved for recreational, activities, may also be improved or may be left in its natural state. Areas devoted to natural or improved floodways and those areas encumbered .by flowage, floodway, or.drainage easements may be applied to satisfying this portion of the total open space requirements. Ail and shown on the Final Plan as common open space must be conveyed under one of~the following options: (1) It may be conveyed to a public agency which will, upon acceptance,agree to maintain it and any buildings, structures or improvements which have been placed on it~o (2) It may be conveyed to trustees provided in an indenture establishing an association or similar organization for the maintenance of the planned development. The common open~ space must be conveyed to the trustees subject to covenants to be approved by the County Commission which restrict the common open space to the uses specified on the Final Plan, and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose. If the common open space is not conveyed to a public agency, either one of the following methods of enforcement must be provided: (1) The legal right to develop the common open space for the ~ses not specified in the Fiant Plan must be conveyed to a (2) public agency. The restrictions governing the use, improvement and maint- enance 6f the co~on open space, mustbe stated as conditions to the conveyance of the common open space, .and the fee title to the common open space shall be vested in a public agency in the event of a substantial default in the stated conditions. If the common open space is not conveyed to a public agency, the cov- enants governing the use, improvements, and maintenance of the common open space may authorize~ a public agency to enforce their provisions. The developer must file, at the time the P~etiminary Plan is filed, legal documents which will produce the aforesaid guarantees and, in particular, will provide for restricting the use of common open space for its designated purpose. Commercial and Miscellaneous Non-Residential Uses: Non_residential accessory development may be permitted in a PDP if such development is for PDP residents and if actual need for such development is generated by the PDP itself. Any commercial development 'shall be justified economically at the locations proposed to provide for adequate commercial facilities of the types proposed. Consequently, the amount of area and type of commercial facilities to be allowed in the PDP shall be based upon a market analysis containing at least the following: (l) Determination of the trade area of the proposed commercial facilities; (2) (3) Determination of the trade area population,. present and prospective; Determination of the effective busing power in such area; (4) Determination of net potential customer buying power for' stores in the proposed commercial facilities and, on such basis, the recommended store types and store floor areas; and (5) Determination of the residual amount of buying power in the trade area and how it may be expected to be expanded in other areas serving the t~ade area. The market analysis Shall be prepared and signed by a market analyst and shall be critically reviewed by county staff. The minimum PDP size requirement for any PDP non-residential develop- ment is 400 dwelling units or 100 acres before any commercial develop- ment shall be allowed. The maximum amount of land devoted to commercial and miscellaneous non-residential uses shall not exceed four (4) per cent of the gross PDP area. However, it is recognized that these requirements should not receive more emphasis than a market analysis as a sound criteria for establishing the amount of commercial develop- ment in'a residential PDP. Any commercial or miscellaneous non-residential development must be planned as an integral part of the PDP. Churches, Schools, and other non-residential, non-commercial uses in the PDP district shall be subject to all requirements for lot area, width, height, yards and setbacks described in the zoning district in which they are first permitted. No building permit for any commercial or miscellaneous non-residential~ use in a residential PDP shall be issued before the issuance of Certi- ficates of Occupancy for at-~ea~t 400 dwelling units within the PDP. Ail commercial and miscellaneous non-residential areas shall be screened from adjacent structures, walkways, and roads with hedges, dense planting, earth berms, changes in grade, or walls. This screening shall be located on a well maintained green belt of at least~20, feet width. PERMITTED USES The permitted uses in a Planned Development Project are as 'follows: (1) (2) Single family detached residence, two-family and multiple family dwelling units (including townhouses, row houses, atrium houses, patio houses, garden apartments, condominiums, and highrises. Public and semi-public parks and playgrounds landscaped areas and greenbelts. (3) Recreation and amusement establishments, providing that all business shall be conducted entirel~]3 within fully enclosed buildings. (4) Clubs and lodges, golf courses, tennis courts, and club houses. (5) Docks and marinas. (6) Those commercial and miscellaneous non-residential uses considered as necessary to serve the occupants of the PDP. These include: Retail outlets for the~sale of fOOd, wearing apparel, sundries, and notions, drugs, hardware, garden supplies, toys and similar products. FloriSts, gift and jewelry shops, and pet and hobby supplY outlets. (c) Personal service establishments, such as barber shops, beauty parlors, shoe repair and shoe shine shops, restaurants, self-service 'laundries, tailor and dress- making shops, watch and jewelry repair, and laundry or dry cleaning pick-up stations. (d) Miscellaneous non,residential uses, such as medical or d~ental offices, churches, and nurseries or child care centers. (e) Accessory uses and structures incidental to a permitted use including a cocktail lounge in connection with a restaurant. (7) Other uses of a nature similar to those listed, after deter- mination and recommendation by the County at the time of rezoning that such use or uses is appropriate to the PDP including schools, utility installations, and other public facilities. ADMINISTRATIVE PROCEDURES Pre-Application Conference (A) Purpose.: A pre-application conference with the County staff will be held. This conference provides the developer with an Opportunity to gather information and obtain-~uidance as to general conformity of the project with the area into Which it is proposed to locate the Planned Development Project and the provisions of this Resolution before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys, and other data. (B) 'Points: During a pre-application conference Particular attention should be given to: (1) The present uses and character of the area; (2) The road and street system, especially: (a) interiOr neighborhood-through routes, II. (b) designated collector and arterial streets, both existing and proposed; and, (c) the rights-of-way widths for all roads and streets. (3) Public and private open area and parks and trails. (4) Public utilities-and services or their counterpart: (a) water -(b) sewer (c) fire protection (d) surface drainage (e) school facilities, etc. (5) Type structures to be built. (6) Proposed uses to be developed. (7) Discussion of the developer's market analysis in support of proposed PDP commercial and miscellaneous non-residential facilities. Preliminary DevelOpment Plan: The developer shall make appli- cation for approval of a Planned Development Project to the Build- ing and Zoning Department, including payment of required appli- cation fee. The application shall be filed on the basis of a Preliminary Plan as contained in this section. (A) Purpose: The purpose of a Preliminary Plan is to provide an opportunity for a plan to be submitted to the County showing the intent of the developer and the nature o~ devel- opment with as little expense as possible. This Preliminary Plan will serve as the basis for the first public hearing to be held in the early stages of the proposal. (B') Maps and Written Documents: The Preliminary Plan shall include generalized maps and the written statement setting forth the details of the proposed development. It must Show enough of the area surrounding the proposed development to demonstrate the relationship of the Planned Development Project to the adjoining uses; both existing and those proposed by the developer. (1) The maps shall contain the following information and as appropriate, the facilities are to be indentified as to whether they are to be public or private: (a) (c) (d) (e) (f) (g) (h) (i) (j) The existing site conditions including contours at One foot intervals, water courses, flood plains, unique natural features, soils, and forest cover. Proposed lot lines and plot designs. The location and floor area size of all existing and proposed buildings, structures, and other improvements including maximum heights, types of dwelling units, density per type, and non-residential structures, including commercial facilities. The location and size in acres or square feet of all areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semi- public uses. The existing and proposed circulation system of arterial, collector, and local streets including off-street parking areas, service areas, loading areas, and major points of access to public rights of way (including major points of ingress and egress to the development). Notations of proposed owner- ship -- public or private -- should be included where appropriate. For PDP's with 100 or more dwelling units, the amount and circulation patterns of traffic expected to be generated by the PDP shall be analyze~ by a professional person or firm with recognized exper- ience and expertise in the field of traffic planning/ engineering or transportation planning to determgne the impact on surrounding streets, adequacy of access, scope of needed improvements. The existing and proposed pedestrian ciculation system, including its inter-relationships with the vehicular circulation system, indicating prop.osed treatments of points of conflict. The existing and .proposed utility systems including sanitary sewers, storm sewers, and water, electric, gas, and telephone lines. A general landscape and drainage plan indicating the treatment of materials used for private and common open spaces. Enough information on land areas adjacent to th~ proposed'PDP to indicate the relationships between the Proposed 'development and existing and proposed (c) adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities and unique natural features of the landscape. (k) The proposed treatment of the perimeter of the PDP, including materials and techniques used such as screens, fences and walls. (1) Any additional information as required by the review authority necessary to evaluate the character and impact of the proposed PDP. (2) Written supportive material Submitted in conjunction ~with the Preliminary Plan shall include the following: (a) A legal description of the total site proposed for development, including a statement of present and proposed ownership and present and proposed zoning. A statement of planning objectives to be achieved by the PDP through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. (c) A development schedule indicating the approximate dates when construction of the PDP can be expected to begin and be completed. (d) A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the PDP, such as land areas, dwelling units, etc. (e) Quantitative data for the following: Total number and type dwelling units; parcel size; proposed lot coverage of buildings and structures; approxi- mate gross and net residential densities; total amount of open space (including a separate figure for usable open space); .total amount of non-residen- tial construction (including a separate figure for commercial or institutional facilities); economic feasibility studies or market analysis; and other studies as required by the review authority. Public Hearing: The first public hearing will be held based on the PDPby the Planning and Zoning Commission and the Planning and Zoning. Commission shall deliver its recommendation for approval or disapproval to the Board of County Commis- (D) Sioners for a second hearing on the Preliminary Plan. Preliminary Plan Approval: (1) · If, after a public hearing, the Planned Development Project is recommended for approval by the Planning and Zoning Commission then a resolution shall be passed stating that they will recommend the specified area as a PDP, provided that the County Commission approves the Preliminary Plan. (2) In the event the County CommisSion has conditioned its approval in the granting of the plan requiring modifications to the plan, then such Preliminary Plan approval shall not be effective until the developer has filed, with the County Commission or designated agency, written ~nsent to the plan as modified. (3) If a Detailed Plan covering the area in the Preliminary Plan has not been filed within six (6) months from the date granting Preliminary Plan approval, the approval shall expire. The County at its discretion, may extend for additional periods not in excess of six months each, the filing of the Detailed Plan when, for good cause, such extension is necessary. III. Detailed Plan (A) Purpose: The purpose of the Detailed Plan is to provide a specific and particular plan upon which the County Commission will take its final action. When seeking approval of a Planned Development Project, the Detailed Plan shall be filed as the second ?st~ plan when a Preliminary Plan has been approved. The Detailed Plan may be submitted in stages or in its entirety, within six (6) months following approval of the Preliminary Plan, unless an extension has been granted. (B) Maps and Written Statement: The Detailed Plan must include the following information in addition to that required on the Preliminary Plan and Written Statement: (1) A map showing: (a) street location and nature of improvement; (b) lot lines and lot designs; (c) the landscaping and tree.planting plan; and (d) surface drainage system. (2). (3) (4) (5) (6) (7) Areas propOSed to be conveyed, dedicated, or reserved for parks, parkways, playgrounds, school sites, public buildings and similar public and semi-public uses. A plot plan for each building site, except single-family lots and the common open area, showing the location .of all buildings, structures, and improvements and indi- cating the open spaces around buildings and structures. Elevation and perspective drawings of-all typical pro- posed structures and improvements except single- family residences and their accessory buildings. The drawings need not be the result of final architectural decisions and need not be in construction detail. A development schedule indicating: (a) the approximate date when construction of the project can be expected to begin; the stages in which the project will be built and the approximate date when construction o-f each stage can be expected to_begin; (c) the approximate dates when the development.of each of the stages in the development will be completed; and, (d) the area and location of common open space that will be provided at each stage. Agreements, provisions, declarations or covenants which govern the use, maintenance and continued protection of the Planned Development Project and any of its common open areas. The following plans.and diagrams will be.provided when the County Staff finds that the Planned Development Project creates special Problems of traffic'or parking; (a) an off-street parking and loading area plan; circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within the Planned Development and to and from existing thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate IV. (c) or .insure the safety of this circulation pattern must be shown. Detailed Plan Approva~: (1) The County Staff shall compare the Detailed Plan with the Preliminary Plan and with the standards set forth in this Resolution. The Detailed Plan shall be deemed in substantial conformance with the Preliminary Plan, provided modification by the applicant does not involve a change which results in any of the following conditions: (a) a violation of any provisions of this resolution; a reduction of more than ten (10) percent of area reserved for open space; (c) an increase in floor area by more than ten '(10) percent; (d) an increase in impervious surface by more than five (5) percent. The County may place further reasonable conditions upon its granting of approval which, in its judgement,.will insure conformance to the plan as approved. (D) Disapproval of Detailed plan: In the event the County is unable to find that the Detailed Plan is in substantial con- formance to the purpose and intent of the Preliminary Plan, the County shall not grant approval of the Detailed Plan. (E) Site Improvements: The developer, at his option, may place street improvements, sidewalks, utilities and other permanent site improvements after Detailed Plan approval or stake the location of the buildings and make application f~r building permits. Under no circumstances, however, will any building permit be issued until final approval has been granted and the necessary portions of the Plan recorded. The placing of improvements will not obligate the County Commission to approve such improvements in the Final Plan approval action if not in accord with the Detailed Plan or not in conformance with the terms of this resolution. Final Plan Approval ActiOn (A) Public Record: The Final Plan is the permanent public record of the Planned Development Project and will be the manner in which the development is constructed as provided herein. (B) Contents: The Final Plan shall be filed within six (6) (c) months of the date of the granting of Detailed Plan approval and shall contain, in final form, the infOrmation required for the Detailed Plan. In addition, the following will apply: (1) If parcels of l. and are to be sold, then a subdivision plat in the form prescribed by the County Commission shall be filed for approval in the appropriate manner. (2) If land within the Planned Development Project is not to be sold in individual parcels, then a site plan shall be prepared and filed with the local, planning agency which is suitable for inclusion in the deed records of the County,and a permanent reproducible transparency of the Final Plan will be file~=~it~h the local planning agency, which transparency will be placed on file with the County Engineer. (3) Condominium plats do not need to be filed with, or approved by the local planning agency. They are to be recorded as distinct and separate acts from the documents in Paragraph 1 and Paragraph 2-above. Final Plan Approval: The County Commission shall review the Final Plan and shall approve the Plan if it is in substantial conformance with the Detailed Plan. (1) The County Commission may require, as a condition to -the granting of approval, the submission of satisfactory evidence that the improvements will be placed. (2) The County Commission shall not approve the Final Development Plan or any stage of the Planned Development Project if the average of the allowable dwelling units per acre, up to and including the stage which is to be approved, exceeds by more than ten (10) percent 'the average number of dwelling units per acre which is allowable for the entire Planned Development Project. (3) Upon final apprOval and after all conditions have been met, the County Commission shall approve the recording of the Final Development Plan in the deed records when no parcels are to be sold. In the instance when parcels are to be sold, the developer will process and have recorded the subdivision plat in the manner designated for the County. Substantial Conformance The determination of substantial conformance between the Detailed Plan and the Final Plan shall be at the discretion of the County Commission. Variation in conformance is intended solely to facilitate the minor adjustments which may be necessary as the plans approach a final construction stage. The County Commission may refuse to grant approval of substantial conformance if, in their opinion, the adjustments are being used to significantly modify the approved plan. Minor adjustments shall not result in any of the following: (A) A change in the use or character of the development; (B) An increase in overall coverage of structures; (C) An increase in the intensity of use: (D) An increase in the problems of traffic circulation and public utilities; (E) A reduction in approved open space; reduction of off-street parking and loading space; and, (G) A reduction in required pavement width. Final Plan Approval - Time Limit and Change of Ownership Construction shall proceed in accordance with the development schedule aPProved, if construction is not started or is not completed within twelve (12) months of dates specified therein, Final Plan approval shall terminate. Extensions may be granted by the Board of County Commissioners at its discretion. If, at any time during the valid p~riod of final plan approval, majority development ownership (51% or more) changes, final approval shall automatically be terminated. Upon termination of Final Plan approval, the zoning classification shall remain PDP, but no construction shall be permitted prior to County Commission approval of a new Final Plan. STATE OF FLORIDA COUNTY OF ST. LUCIE The undersigned, Clerk of the Board of County Commissioners of the County and State aforesaid, does hereby certify that the above and foregoing is a true and correct copy of a resolution the Board of CoUnty Commissioners at a meeting held on ~e~X %0, 1974. Witness my hand and the seal of said Board this day of Oe=~e~, ROGER POITRAS, Clerk Circuit Court Deputy Clerk new P.D.P. District. County Commissioners to amend comprehensive Zoning Maximum densities, minimum floor areas, and adding _."..~ The Planning & Zoning Commission unanimously recommended the new PDP Dist,? ricthbe adopted. Atty. Bob Lloyd, representing property owner Roger Toffolon, appeared to discuss various portions of the PDP, such as: Under general regulation ~10 - "No miscellaneous or non residental use permitted within 150' of boundary of any adjacent residental District"and in another section under Major Types of Uses, "No non residential use within 150' of the PDP perimeter"; also he would consider a contiguous parcel of land as one parcel even if divided by a w~ road, 'Since rezoning is necessary before PDP~ (where more units per acre are desired) once rezoned the developer doesn't need the PDP. In cases where there are 2_dif£erent zoning catagories for 1 parcel, under PDP, these have to be developed separately. Mr. Lloyd said in these strained economic times, -3- development time may be a factor and requirement for "substantial" development within a year may be hard to live with since there could be various interpre- tations of "substantial". Financial disclosure of the developer was an objection of Atty. Lloyd who felt ownership of the land i~Self should prove financial responsibility, and also the 51% ownership provision would encourage owners to form corporations. These questions~re discussed. Mr. Ament stated that PDP does not affect zoning density and in cases of two zoning~.catagories, combined densities are allowed- Com. Enns said he could see that with the proper zoning noone would ask for PDP and felt that unless rezoning-and PD~ were done at the same time, the Board wouldn't be sure that PDP would be used. zoning Director Thomas suggested the petitioner file for rezoning and PDP simultaneously. As for interpretation-of "substantial" construction, he said this could mean taking out a building permit or pouring footers and having the first inspection. In ~fferent zoning catagories, development is done separetly unless development doesn't change concept of area. Atty. Lloyd asked about the completion of improvements on one phase before starting on another, and Admn. Lewis said these were utility and street paving improvements, not buildings. Com. Enns said he wouid like to _see the rezoning and PDP done at the same time and felt that while there may be some parts of PDP to be clarified, both _he Chamber of Commerce and Conservation Alliance had groups to study this ~D~endment which was found to be acceptable. Com. Park said he_would-not want_to, see the_financial disclosure requirement removed and mentioned some previous times when' contractors were not paid by developers, to whichCom. Price agreed that if anything this requirement~should be more demanding. ~ Com. E~s moved to continue this public hearing until Dec. 10th (after first clarifying some of these questions at the'work session of Dec. 9th) which was seconded by Com. Park. Com. Enns requested'that on all site plan reviews., the percentage of financ- ing a developer already has committed to him be made known so the Board can be reasonably sure of completion of the project. Roi1 call on the motion carried unanimously. ~N 0 T I C E NOTICE IS HEREBY GIVEN that the Board of County Commissioners and f°r St. 'Lucie County, Florida, will, at 9:00 A. M. on Tuesday, in November 26, 1974-, in Room 203, Courthouse, at Fort Pierce, Florida, hold a public hearing on: Proposed amendments to Comprehensive ~Zoning Resolution of St. Lucie County, Florida, as follows: 1. Amend Maximum densities as set forth in Paragraph 1, Sub- section 21, Section 7, to read in part as follows: "P-1 5.0 per acre B-1 5.0 per acre B-2 8.0 per acre" 2. Amend P-1 District (Professional and Restricted' Commercial) in Schedule of District Regulations, Permitted Principle Uses. and Structures, to read as follows: "Any use permitted in an R-4A multiple dwelling district, subject ....... " 3. Amen'd P-1 District (Professional and Restricted Commercial) in Schedule of District Regulations, to read as follows: ,MINIMUM FLOOR AREAS (see definition) Each dwelling unit: As for R-4A" Amend B-1 District (Neighborhood Business) in Schedule of District Regulations by adding between MAXIMUM HEIGHT OF STRUC- TURES and LIMITATIONS ON SIGNS: "MINIMUM FLOOR AREAS (see definition) Each dwelling unit: As for R-4A" Amend B-2 District (Limited-Business) in'Schedule of District Regulations to read as follows: "MINIMUM FLOOR AREAS (see definition) Each dwelling unit: Each efficiency unit: Each motel unit: As for R-4A As for R-4E As for R-bE 6. Amend Subsection 20 (A)(2) of Section 7 to read as follows: "(2) The application shall be in the form prescribed prescribed by the County Building and Zoning Department and shall be accompanied by the required application fee. The authority for a person other than the owner to file an application must be attached to said application." Amend Schedule of District Regulations by adding a new district designated PDP DISTRICT, to read as follows: P.D.P. PLANNED DEVELOPMENT PROJECT INTEt~T · The intent and purpose of this district is to provide an alternative means of land development and to provide design latitude for the site planner. Further, the intent of this provision is to encourage the unified develop- ment of tracts of land by permitting, within the confines of an overall density limitation, much more creative and flexible concepts in site planning than would Otherwise be possible through the strict application of minimum and maximum requirements ~f other zoning districts. Where such flexibility is permitted, Planned Development Project design and construction shall follow a carefully devised plan of development which shall be prepared in accordance with the requirements, procedures, and approvals herein prescribed. The requirements of area, height, bulk and placement regulations, as. they are usually applicable to individual buildings and individual lots of record, would in certain cases of large scale development have results affording less protection to-the public health, safety and welfare than if a measure of flexibility was permitted. The permitting of these Planned Development Projects as special and particular land uses can, in certain cases, increase the desirability and convenience to the residents or occupants of the Planned Development Project without, causing adverse effects on adjoining properties. DEFINITION A Planned Development Project (1) (2) is. land under unified control, planned and developed as a whole in a single development operation or approved programmed series of development operations for dwelling units and related uses and facilities; includes Principal and accessory uses and structures substantially related to the character of the development itself and the sur- rounding a'rea of which it is a part; (3) is developed according to comprehensive and detailed plans which include not only streets, utilities, lots, or building sites and the like, but also site plans, floor plans, and elevations for all buildings as intended to be located, constructed, used,. and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings; (4) includes a program for full provision, maintenance, and'operation of such areas, improvements, facilities, and services as will be for common use by some or all of the occupants of the planned unit development, but will not be provided, operated, or main- tained at public expense. DESIGNATION OF PDP ZONE The'boundaries of land rezoned to PDP classification shall be indicated on the Official Zoning Map and the symbol "PDP". A change to PDP zone is permitted in,~ny zone' that permits residential u~es, and base PDP density shall be'computed according to the following formula: .- total units permitted under -" 'base PDP density: prior zonin9 area in Planned Development Project Rezoning to'~DP shall become effective upon approval of the Final Plan by the Board of County Commissioners, GENERAL REGULATIONS The general regulations for all Planned Development Projects shall be as follows: -_ (1) the owner shall receive County Commission approval of the Comprehensive PDP Plan prior to start of construction. (2) construction'shall be substantially underway within one year after approval of the Final Plan. (3) the owner of a Planned Development Project s~all permanently maintain the areas designated on the final plan for landscaping purposes. (4) the developer shall be required to provide a detailed statement of assurance including covenants, agreements~ or other specific. documents, showing the ownershiP and method of providing per- petual maintenance to be applied to those areas within the_pro- ject that are to be used for open space, recreational or other common or quasi-public purposes. Such. a statement shall be attached to the~reliminary'and Final Plans as special conditions. (5) The ~'~10pe~ Shall be required to provide a statement of financial responsibility and she'll also be'required to complete all improvements including those required as special conditions before a building permit shall be issued. If the ;Planned Development Project is to be developed instages, all improve- ments in each separate s~ge including those required as special conditions ~hall-~e completed before a Certificate of Occupancy.is issued or-a building permit issued for construction of the next s%aqe. (6) an application for a Planhed Devejopment iProje~-~-~y include a proposed division of the tract of land within the project property lines into one or'more separately owned and operated units. Such proposed divisions, if approved along with the proposed planned, development project and if in compliance -. with the subdivision regulations, shall be permissible-without further subdivision regulation approval. All projects which include a proposed subdivision of the total tract of land into separately owned and operated units shall, if approved, be subject to all attached special conditions and all existing subdivision regulations. '' (7) fhere shall be no subdivision of an ~pproved planned Development Project unless such subdivision is in.conformance with the originally a~proved and recorded final plat of the planned .develoPment project has been approved and recorded. (8) ~ere shall be no change, alteration, amendment, or extension of any approved planned development project final plan unless such change, alteration,~amendment, or extension is approved in conformance with the procedures for filing a Planned Develop- ment Project. ~ -- (9) ~ll land included for pu[~Doses of development within a Planned Development Project shal~,be under the control of the applicant, whether-that applicant be an individual, partnership, or corp- oration or.a §roup of individuals, partnerships,- or. corporations-- The applicant shall present firm evidence of the unified control of the entire area within the proposed Planned Development Project. (10) parcels of land under unified ownership as specified a.bove, containing the minimum or greater acreage allowable for a Planned Development ~roject,'and zoned in two or more classifications, shall be developed as a Planned Development Project, unless: '(a) it can be demonstrated to be in the public interest to change the zoning on the.parcel to a single classification. (b) it can be demonstrated that independent development of the separately zoned areas of the single parcel will not result in an incompatible land use relationship~ GENERAL DESIGN STANDARDS The County shall examine the proposed Planned Development Project with particular attention to the following: (1) the influence the proposed project may be expected to have on existing or future development in surrounding areas and the achievement of a desirable relationship between the buildings and the land, and between the. buil'dings themselves. (2) sites without adequate access to 'collector and arterial streets will require a lower density than sites with direct access to major thoroughfares. Further, the number of dwelling units within and within the vicinity of th~ Planned Development Project, number and spacing of Project access points will be taken into consideration in evaluating-quality of access. - (3) to ensure that existing 9r proposed utility services are adequate f~r-the population densities or land use intensities proposed. .: (4) ~o-ensure that the proposed project reflects the overall loca- tion standards and principles of land use arrangement and design as set forth in the Comprehensive Plan and especially the Land ._~Use.~lan for the-area. (5) off-street parking space,shall be provided on. the site so that there will be no generation of automobile parking on any street or access road. (6) all off-street parking facilities proposed to be located above .ground level shall be designed and constructed so that entrance and.exist ramps do not result in direct or indirect traffic con- gestion on the site or on adjacent streets. (7) in Planned Development Projects containing multi,family _housing, areas shall be provided for the parking, loading and unloading of delivery trucks and other vehicles and for the servicing of buildings by refuse collection, fuel and other automobile parking spaces. Such areas shall be adequate in size and so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities. (8) access points on all collector or arterial streets serving a Planned Development Project shall be properly located and spaced. The local planning agency may approve the use of temporary access points that shall be eliminated by the devel- oper when access roads or other streets are extended to the permanent access points. (9) no Planned Development Project shall be permitted vehicular access to a minorresidential street unless specifically approved b~ the County. (10) no intens'ive recreational, con~nercial or miscellaneous non- residential use shall be permitted in a PDP within 150 feet of the boundary of any adjacent residential district. (ll) all multi-family dwellings and hotels and motels shall~meet th~ f~llowingspac~ng'--~6quirements: -~" '- (a) the cumulativedistance between all principal structures on a parcel shall be equal to the cumulative building height of all principal structures; (b) th'is distance regulation shall hold true in bothprime directions, i. e., length and width,-of the parcel; (c) accessory uses and structures customarily associated with, and subordinate to, the above uses, parking areas, accessways, and other facilities may be included in the required horizontal distance; and, (d) the required horizontal distance, i. e., equivalent cumulative height, shall be measured from other structures on same parcel, property lines, and Mean High Water Lines. Planned Development Projects shall be so located in relation to sanitary sewers, water lines, storm and surface drainage systems, and other utilities systems and installations that neither extension nor enlargement of such systems w'l}l be required in manner, form, character, location, degree, scale, or timing resulting in higher net public cost or earlier incursion of public cost than would development qn forms generally permitted under existing zoning in the area. However, if applicants will (1) provide private facilities, utilities, or services approved by appropriate public agencies as substituting.on an 9quivalent basis, and assure their satisfactory continuing operation permanently, or until similar~public utilities, facilities, or services are available and used, or (2) make provision acceptable to the County for offsetting any added net public cost or early commitment of public funds made necessary by such development, the rezoning to PDP may be approved. In computing added net public costs, difference ~.n anticipated public installatioq, operation, and maintenance costs and difference in anti- cipated public revenue shall be considered. Determination shall be made by experts acceptable to the County. SUBSTANTIVE DESIGN STANDARDS Circulation System: Ever~ dwelling unit, or other use permitted in the Planned Development Project shall have access to a public s. treet either directly or via an approved private road, pedestrian way, or other area dedicated to public or private use, or con, on element guaranteeing access. Permitted uses are not required to front on a dedicated public road. Principal vehicular access points 'shall be designed to permit smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the Planned DeVelopment Project shall not be connected to streets outside the development in such a way as to encourage-their use by through traffic. The proposed Planned Development Pr. oject must be so located with regard tO major thoroughfares and uses outside the project that traffic con- _gestion will not be ~reated by the proposed development or will be .'~-obviated by presently projected improvements and that uses adjacent to such thor. ou§hfares will not be adversely affected. A parl~ of every residential building shall not be far_ther..than sixty (60) feet from an access roadway or drive providing vehicular access from a public street. The design of internal circulation systems must be coordinated with the non-residential element of the PDP. All commercial or miscellaneous non-residential land uses within the PDP shall have direct access to a collector or arterial street without creating traffic hazards or congestion on any street. The pedestrian circulation system and its related walkways shall be insulated completely and as reasonably as possible from the vehicular street system in order to provide separation of pedestrian and vehicular movement. This shall include, when deemed to be necessary by the County Commission., pedestrian underpasses or overpasses in the vicinity of schools, playgrounds, local shopping areas, and other neighborhood uses which generate a considerable amount of pedestrian traffic. Streets in a PDP may be dedicated to public use or retained under 'private ownership. Said :streets and associated improvements shall be constructed in accordance with standards required by the County Regulations for Filing Plats and Developing Subdivisions and other applicable standard County specifications. If the owners in the future should request that the private streets be' changed to public streets, the owners shall fully agree that', before acceptance of such streets by the County, the owners shall bear full expense ~of reconstruction or any other action necessary to make the streets fully conform to the requiremen'ts applicable at that time for public streets, prior to dedication and acceptance. Finally,. the owners shall also agree that these streets shall be conveyed to public use without compensation to the 6wners and without the owners' expenses in making such streets conform to th'e requirements appl_icable at that time for public streets, if at some future date, the County so requests. Within the boundaries of the Planned Development Project, no minimum lot size or-minimum yards shall be required; provided, however, that PDP frontage on dedicated public roads shall observe front yard requirements in accordance with the _zoning district the PDP u.se most closely resembles and that where the Project abuts another Residential District, a per-~ manent open space at least twenty-five (25) feet wide shall be provided. along the property line, shall be maintained in landscaping, and driveway or ~arking shall be permitted in such an area. Parking: Offstreet parking and loading requirements are governed by Section 11 of the Comprehensive Zoning Resolution and the following standards: (1) Parking and loading areas shall be arranged so as to prevent through traffic to other parking areas. (2) Parking andloading areas sh~ll be screened from adjacent structures, roads, and pedestrian walkways with hedges, dense planting, earth berms, changes in grade or walls. (3) No more than 15 parking spaces shall be permitted in a con- tinuous row without being interrupted by landscaping. ~ (4) No more than 60 parking spaces shall be accommodated in any _ unlandscaped single parking area. (5) Alllstreets and any off-street l~ading area shall be paved. -' However, upon recommendation of the County Engineer and ~ approval by the County Commission, up to 25% of the parking -~ area_m_ay be finished with a permeable surface. (6)' All parking areas and off-street loading areas shall be graded, drained, and constructed so as to dispose of all surface water without erosion, flooding, or other inconveniences, and con- structed in order to contain and dispose of surface runoff ~n- site. (7) Parking and'loading for nonresidential purposes shall be pro- vided in accordance with applicable provisions of the Compre~ hensive Zoning Resolution and as deemed adequate by the County Commission. (a) Off-street parking and loading requirements may be .. modified by the County Commission as appropriated to the particular case based upon the type~ of establish- ments permitted and the anticipated proportion of walk-in trade. (b) Multiple use of off-street parking, loading, or service areas and accessways for commercial and miscellaneous non-residential .uses may be permitted, if such multiple' use will not lead to congestion or'the creation of hazards to pedestrian and vehicular traffic- Parcel Size:_ Any tract of land for which a Planned Development Project application is made shall contain a minimum amount of land as specified for the follow- ing types of development: Major Type of. Use Single Family Residential Use Multiple Family Residential Use Mixed Single and Multiple Family Residential Use (Over 50% Multiple Family) Minimum Area Required lO Acres 2 Acres 5 Acres All lighting facilities shall be arranged in such a manner so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties. All Planned Development Project bu~qding construction, shall conform to all local, state and federal regulations pertaining to the particular type of bbilding or buildings proposed. The developer shall provide the local planning board or designated agency with assurance-of such compliance when appropriate. The County~ma~-attach any reasonable special condition necessary to ensure that there shall be no departure from the intent of this ordinance. Because a Planned Development Project-is inherently more complex than a single lot development and becuase each such project must be tailored to the topography and neighboring uses, the standards and special conditions for such projects cannot be inflexible. Open Space: Required open space shall comprise at least forty (40) percent of the total gross area of the Planned Development Project and shall be devoted to planti, ng,~Walkways, and recreational areas. '- Open Space includes: '' (1) Land area of the site not. covered_by:buildings, parking areas, garages or carports, or other accessory structures except recrea- -. tional structures_when such recreational facilities and their ,-' accessory uses do not constitute more than five (5) percent of ~ total open space in impervious surfaces.(paving, roofs, etc.).. (2)~ Land :-- which is accessible and available to all occupants of' dwelling units for whose use or enjoyment the-space is intended, Open Space Does Not Include: (1) Utility easements; (2) Proposed street right-of-way;- (3) Parking areas and roadways; (4) (5) School sites and other community facility sites; and, Nonresidential areas and the buildings, accessory uses, and parking and loading facilities for these nonresidential areas. Con, non open space (land reserved primarily for the leisure and recrea- tional use of the Planned Development Project residents and owned and:- maintained in common by them) shall comprise at least twenty (20) per- cent of the total grass area of ~he Planned Development Project (fifty (50) percen~ of required open space) and shall ~e improved to be used for recreational or park purposes for thecollective enjoyment and use of the occupants of the development. At the request of the developer and subject to approval by the 'County Commission, use of recreational -facilities may be offered to the general public by the developer.and/or' owners._~ -- · The remaining fifty (50) percent ~f the required open space,'i.e., that not.to be improved for recreational activities, may also be improved or may be left in ~its natural state. Areas devoted to natural or improved floodways, and those areas encumbered by flowage,'flOodway, or drainage easements may be applied to satisfying-this portion of the total open space requirements. AlT land shown on the Final Plan as common open space must be conveyed under one of the following options: (1) It may be conveyed to a public agency Which will, upon accept~ce.~. ~gree to maintain it and any buildings, structures or improves ments which have been placed on it. (2) It may be conveyed to trustees prov.ided.in-an_indenture estab-' lishing an association or similar organization.for the mainten- ance of the planned development. The common open space must be conveyed to the trustees subject to covenants to be approved by the County Commission which restrict the common open space to the uses specified on the Final Plan, and which provide for the maintenance of the common open space in a manner which assuhes its continuing use for its intended purpose. If the common open space is not conveyed to a public agency,.either one of the following methods of enforcement must be provided: (1) The legal right to develop the common open space for the uses not specified in the Final Plan must be conveyed to a public agency. (2) The restrictions governing the use, improvement and maintenance of the common open space, must be stated as conditions to the ~ conveyance of the-common open space, and the-fee-title-to the ~ common ope~ space shall be vested in a public agency in the event -~ of a substantial default in the stated conditions. : If the common open space is not conveyed to a _public agency, the covenants ~ governing the use, improvements, and maintenance of the common open space may authorize a public agency to enforce their provisions. _The developer must file, at the time the Preliminary Plan is filed, legal documents which will produce the aforesaid guarantees and, in particular, will provide for restricting the us~ of common open space for its desig- nated purpose. ' Commercial and Miscellaneous Non-Residential Uses: Non-residential accessory development may be permitted in a PDP if such development is-~or PDP residents and if actual need for such develop- ment is gen6rated by the PDP itself. Any commercial development shall be~justified economically at the loca- tions proposed to provide for adequate con~ercial facilities of the types proposed. Conseqbently, the amount of area and type of commercial facil- ities to be allowed in the PDP shall be based upon 'a market analysis con- taining at least the following: (1) .Determination of. the trade area of the proposed commercial (2) Determination of the trade area population, present and pro- spective; (3) Determination of the effective buying power ~n such area; (~) Determination of net potential.customer buying power for stores in the prqposed commercial fa'cilities and., on such 'basis, the recommended store types and store floor areas; and (5) Determination of the residual amount of buying power in the trade area and how it may be expected to be expanded in other .areas serving the trade area. ' The market analysis shall be prepared and signed by a market analyst and shall be critically reviewed by county staff. The minimum PDP size requirement for any PDP non-residential development is 400 dwelling units or lO0 acres before any commercial development shall be allowed. The maximum amount of land devoted to commercial and miscellaneous non-residential uses shall not exceed four (4) percent of the gross PDP area. However, it is recognized that these requirements should not receive more emphasis than a market analysis as a sound criteria for establishing the amount of commercial _development in a residential PDP. Any commercial or miscellaneous non-residential development must be planned as an integral part of the PDP~ No commercial or miscellaneous non-residential use shall be permitted within 150 feet of the PDP perimeter. Churches, schools, and other non-residential, non-commercial uses in the PDP district shall be subject to all requirements for lot area, width, 'height, yards and setbacks described in the zoning district in which they are first permitted. No' building pgrmit'for any commercial or miscellaneous non'residential use in a residential PDP shall be issued before the issuance of Certi- ficates of Occupancy for at-least 400 dwelling units within the PDP. .~All commercial and miscellaneous non-residential areas shall, be_screened from adjacent structures, walkways, and roads with hedges, dense plaqt- ing, earth berms,' changes in grade, or walls. This screening shall be ~located on a well maintained green belt of at least 20 feet width.__. PERMITTED USES The permitted uses in a Plan~ed Development Project are as follows: (1) Single family detached residence, two-family and multiple family dwelling units (including townhouses, row houses, atrium houses, patio houses, garden apartments, condominiums, and hi§h- rises). (2) Public and semi-public parks and playgrounds landscaped areas and greenbelts. (3) Recreation and amusement establishments, providing that all business shall be conducted entirely within fully enclosed bull dings. (4) Clubs and lodges, golf courses, tennis courts, and club houses. (5) Docks and marinas. (6) '.Those commercial and miscellaneous non-residential uses con~ sidered as necessary to serve the occupants of the PDP. These- include: (a) Retail outlets for the sale of food, wearing apparel, sundries, and notions, drugs, hardware, garden supplies, toys and similar products. (b) Florists, gift and jewelry shops, and pet and hobby supply outlets. .(c) Personal service establishments, such as barber shops, beauty parlors, shoe.repair and shoe shine shops, restaurants', self-service laundries, tailor and dressmaking shops, watch and jewelry repair, and laundry or dry Cleaning pick-up stations.- ~ (d) -Miscellaneous non-residential uses, such as medical or dental offices, churches, and nurseries or child care centers. (e) Aqcessory uses and structures incidental to a permitted use including a cocktail lounge in connection with a restaurant. ~ (7). Other uses of a nature similar to those li~ted, after deter- mination and recommendation by the County at the time of re- zoning that such use or use~ is appropriate to the PDP inclu6ing schools, utility installations, and other public facilities. ADMINISTRATIVE PROCEDURES Pre-Appl ication Conference (A) (B) ~urpose:- A pre-application conference With the County staff will be held. This conference provides the developer with an opportunity to gather information and obtain guidance as to general conformity of the project with the area into which it is proposed to locate the Planned Development Project and the provisions' of this Resolu~on before entering into binding commitments or incurring substantial expense.in the prepara- tion of plans, surveys, and other data. Points~ During a pre-application conference.'particular attention should be given to: (1) (2) The present uses and character of the area; The road and street system, especially: (a) interior neighborhood-through routes, II. (b) designated collector and arterial streets, both existing and proposed; and, (c) the rights-of-way widths for all roads and streets. Public and private open area dnd parks and trails. Public utilities and services or their counterpart: (a) water (b) sewer (c) fire protection (d) surface drainage (e) school facilities, etc.. (5) Type stractures to be built. (6) Proposed uses to be developed. (7) Discussion of the developer's market analysis in '~supp~rt of proposed'PDP commercial and miscellaneous non-residential facilities. Preliminary Development Plan: The developer shall make application for approval of a Planned Development Project to the Building and Zoning Department, including payment of required application fee. The application shall be filed on the basis of a Preliminary Plan as contained in this section. (A)- Purpose.: .The purpose of a Preliminary Plan is to provide an opportunity for a plan to be submitted to the County showing the intent of the developer and the nature of development with as little expense as possible. This Preliminary Plan will ~ serve as the basis for the first public hearing to be held in -. the early stages of the prQposal. (B) Maps and Written Documents: The Preliminary Plan shall include generalized maps and the written statement setting forth the details of the proposed development. It must show enough of the area surrounding the proposed development to demonstrate the relation-- ship of the Planned Development Project to the adjoining uses; · both existing and. those proposed by the developer. (1) The maps shall contain the following information and as appropriate, the facilities are to be identified as to whether they are to be public or private: (a) (b) (c) (d) (e) (f) (g) '(h) (i) (J) The existing site'conditions ~ncluding contours at one foot intervals, water courses, flood plains, -unique natural features, soils, and forest cover. Proposed lot lines and plot designs. The location and floor area size of all existing and proposed buildings, structures, and other improvements- including maximum heights, types of dwelling units, density per type, and non-residential structures, in- cluding commercial facilities. The location and size in acres or square feet of all areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school s'ites, and similar public and semi-public uses. The existing and proposed circulation system of ' arterial, collector, and local streets including off-street parking areas, service areas, loading areas, and major points of access to public rights- of-way (including major points of ingress and egress to the development). Notations of proposed owner- ship -- public or private -- should be included where appropriate. For PDP's with 100 or ~ore dwelling unit~, the amount and circulation patterns of traffic expected to be generated by the PDP shall be analyzed by a professional person or firm with recognized experience and expertise in the field of traffic planning/engineering or trans- ?rtation planning to determine the impact on surround- ng streets, adequacy of access, scope of needed improvements, The existing and proposed pedestrian circulation system, including its inter-relationships with the vehicular circulation system, indicating-proposed treatments of points of conflict. The existing and proposed utility systems=including sanitary sewers, storm sewers, and water, electric, gas, and telephone lines. · A general landscape and drainage plan indicating the treatment of materials used for private and common open spaces. Enough information on land areas adjacent to the proposed PDP to indicate the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifi- cations, densities, circulation systems, public facilities and unique natural features of the land- scape. (2) (c) (k) The proposed treatment of the perimeter of the PDP, including materials and techniques used such as screens, fences, and walls. (1) Any additional information as required by th'e review authority necessary to evaluate the character and impact of the proposed PDP. Written supportive material submitted in conjunction with the Preliminary Plan shall include the following: (a} A legal description of the total site proposed for development, including a statement of present and proposed ownership and present and proposed zoning. (b) A statement of planning objectives to be achieved by the PDP through the particular-approach proposed by the applicant. -This statement should 'include a description of the character of the proposed develop- ment and the rationale behind the assumptions and choices.made by the applicant. (c) A development schedule indicating the approximate dates when construction of the PDP can be exPected to begin and be completed.. (d) A statement of~the applicant's intentions with regard to the future selling or leasing of all or , portions of the PDP, such as land areas, dwelling units, etc. - (e) Quantitative data for the following: Total number and type of dwelling units; parcel size; proposed lot coverage of buildings and structures; approximate gross and net residential densities; total amount of open space (including a separate figure for usable open space); total amount of nonresidential con- struction (including a separate figure for com- mercial or institutional facilities); economic feasibility studies or market analysis; and other- studies as required by the review authority. Public Hearing: The first public hearing will be held based on the PDP by the Planning and Zoning Commission and the Planning and Zoning Commission shall deliver .its recommendation for approval or disapproval to the Board of County Commissioners for a second hearing on the Preliminary Plan. III. (D) Preliminary Plan Approval: (1) (2) If, after a public hearing, the Planned Development Project is recommended for approval by the Planning- and Zoning Commission then a resolution shall be- passed stating that they will recommend the specified area as a PDP, provided that the County Commission approves the Preliminary Plan. In the event the County Commission has conditioned its.approval in the granting of the plan requiring modifications to the plan, then such Preliminary Plan approval shall not be effective until the developer has filed, with the County Commission or designated agency, written consent to the plan as modified. (3) Detai 1 ed P1 an If a Detailed Plan'covering the area in the Pre- liminary Plan h~s not been filed within six (6) months from the date granting Preliminary Plan approval, the approval shall expire. The County at its discretion, may extend for additional periods not in excess of six months each, the filing of the Detailed Plan When; for good cause, such extension is necessary.. (A) Purpose: The purpose of the Detailed Plan is to provide a specific and particular plan upon which the County Commission -will take its final action. When seeking approval of a Planned Development Project, the Detailed Plan shall be filed as the second step plan when a Preliminary Plan has been approved. The Detailed Plan may be submitted in stages or in its entirety, within six (6) months following approval 'of the Preliminary Plan, unless an extension has been granted. (B) Maps and Written Statement: The Detailed Plan must include th6- following information in addition to that required on the Pre- liminary Plan and Written Statement: (1) A map showing: (a) street location and nature of improvement; (b) lot lines and lot designs;~ (c) the landscaping and tree planting plan; and (d) surface drainage system.' (2) (3) (4) Areas proposed to be conveyed, dedicated, or reserved for parks, parkways, playgrounds, school sites,-public build- ings and similar public and semi-public uses. A plot plan. for each building site, except single-family lots and the common open area, showing the location of all buildings, structures, and improvements and indicat- ing the open spaces around, buildings and structures. Elevation and perspective drawings-of all typical pro- posed structures and improvements except single-family residences and their accessory buildings. The drawings need not be the result of final architectural deCisions .and need not be in construction detail. (5) A development schedule indicating: (6) (7) (a) the approximate date wheh construction of the project can be expected to begin; (b) the stages in which the project will be built and the approximate date when construction of each stage can be~pected to begin; (c) 'the approximate dates when the development of each of the stages in the degelopment will be completed; and, (d) the area and location of common open space that will be provided at each stage. Agreements, provisions, declarations or covenants which govern the use, maintenance and continued protection of the Planned Development Project and any of its common open areas. ~ The fol.lowing plans and'diagrams will be provided when the local planning agency finds that the Planned Develop- ment Project createS-special problems of traffi~ or parking;- (a) an off-street parking and loading area plan; (b)' circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within thePlanned Development and to and from existing thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or insure the safety of this circulation pattern must be shown. (c) Detailed Plan Approval: (l) The local planning agency'shall compare the Detailed Plan with the Preliminary Plan and with the standards set forth in this Resolution. The Detailed Plan shall be deemed in substantial conformance with the Preliminary Plan, provided modification by the applicant does not involve a change which results in any of the following conditions: (a) a violation of any provisions of this resolution; (_b) a r~duEtion of more than ten (lO) percent of area reserved for open space; (c) an increase in floor area by more than ten (lO) percent; (d) an increase in impervious surface by more than five (5) percent. ~ (D) The County may Place further reasonable conditions upon its granting of approval which, in its judgement, will insure conformance to the plan as approved. D~approval of Detailed Plan: In the event the County is unable to find that the Detailed Plan is in substantial conformance to the purpose and intent:of the Preliminary Plan, the County shall not grant approval of the Detailed Plan.. (E) Site Improvements: The developer, at his option, may' place street improvements, sidewalks, utilities and other permanent site improvements after Detailed Plan approval or stake the location of the buildings and make application for building permits. Under no circumstances, however, will any building permit be issued until final approval has been granted and the necessary portions of the Plan recorded. The placing of improvements will not obligate the County Commission to approve such improvements in the Final Plan approval ,action if not in accord with the Detailed Plan or not in conformance with the terms of this ordinance. Final Plan Approval Action '(A) Public Record: The Final Plan is the permanent public record of.the Planned Development-Project and will be the manner in which the development is constructed as provided herein. Contents: The Final Plan shall be filed within six (6) ~on~hs of' the date of the granting of Detailed Plan approval and shall contain, in final form, the information required for the Detailed Plan. In addition, the following will apply: VJ (1) If parcels of 'land are to be sold, then a subdivision plat in the.form prescribed by the County Commission shall be filed for approval in the appropriate manner. (2) If land within the Planned Development Project is not to be sold in individual parcels, then a site plan shall be prepared and filed with the local planning agency which is suitable for inclusion in the deed records of the County, and a permanent ~eproducible transparency of the Final Plan will be filed with the .local planning agency, which transparency will be placed on file with the County -Engineer. (3) Condominium plats do not need to be filed with, or approved by, the local planning agency. They are to be recorded as distinct and separate acts from the documents in Paragraph 1 ~an~ Paragraph 2' above. (C) Final Plan Approval: Theo£ounty Commission shall review the Final Plan and shall apprOve the Plan if it is in substantial conformance with the Detailed Plan. (1) The County Commission may require, as a condition to the granting of approval, the submission of satisfactory -._ -~¥idence that the improvements will 'be placed. (2) The local planning bQard, designated agency, or County Commission shall not approve the Final Development Plan or any stage of the Planned Development Project if the average of the allowable dwelling units per acre, up to and including the stage which is to be approved, exceeds by more than ten (10) percent the average number of dwelling units per acre which is allowable for the entire 'Planned Development Project. (3) Upon final approval and after all conditions have'b6~-~ ~t, the County.Commission'shall approve the recording of the Final Development Plan in the deed records when no parcel~ are to be sold. In the instance when parcels are to be sold, the developer will process and ha~e recorded the subdivision plat in the manner designated for the County. Substantial Conformance The determination of substantial conformance between the Detailed Plan and the Final Plan shall be at the discretion of the County Commission. Variation in conformance is intended solely to fac- ilitate the minor adjustments which may be necessary as the plans approach, a final construction stage. The County Commission may refuse to grant approval of substantial conformance if, in their opinion, th~ adjustments are being used to significantly modify the approved Plan. Minor adjustments shall not result in any of the following: VI. (A) A change in the use or character of the development; (B) An increase in overall coverage of structures; (C) An increase in the intensity of~use: (D) An increase in the problems of traffic ~irculation and public utilities; (E) (F) (G) A reduction in approved ope0 space; A.reduction of off-street parking and loading space; and, A reduction in required pavement width. - Final Plan Approval - Time Limi% and Change of Ownership Final Plan approval shall terminate, twelve (12) month's thereafter if construction of buildings has not started. Extensions may be granted by the Board of County Commission6rs at its discretion. If, at any_-time during the valid period of final plan approval, majori~ development ownership (51% or more) changes, final approval shall automatically be terminated. Dated this 5th day of November, 1974 BOARD OF COUNTY COMMISSIONERS ST' LUCIE COUNTY, FLORIDA W. R. McCain, Chairman PUBLISH: November 8, 1974 MEMORANDUM TO: County Administrator County Attorney v~County Building & Zoning Director FROM: County Development Coordinator DATE: October 29, 1974 SUBJECT: PDP Resolution Draft As you are aware, the Planning and Zoning Commission recommended approval of the proposed PDP Resolution at its meeting of October24, 1974. At that meeting, the Planning and Zoning Commission recomT~nded one change to read as follows for .Paragraph 5 on page 2: "Thedeveloper shall be required to provide a statmment of financial responsibility and shall also be required to complete all improvements including those required as special conditions before a Certificate of Occupancy shall be issued, If-the Planned Development Project is to be developed in stages, all improvements in each :separate stage, inCluding those required as special conditions, shall be completed~before a Certifica%e of OcCupancy'shall be issued and before a building permit shall be~issued for.the'next, separate stage." All of Paragraphll beginning on Page 3 and ending on.~page 4 should also be eliminated. The deletion of 'this paragraph appears to be desirable since it involves'building spacing requirements which are in the process, w. of being reviewed'by the Plan~ing' and Zoning Commission and ar.e not yet ready for public hearing. If-and when the Planning and' Zoning Commission finally recommends approval of some building spacing requirements, then the entire zoningresolution, including PDP, could be amendedat that time. JGA/nm NOTICE NOTICE IS HEREBY GIVEN THAT the Planning and Zoning Commission for St. Lucie County, Florida, will, at 7:30 P. M. on Thursday, October 24, 1974, in Room 203, Courthouse, at Fort Pierce, Florida, hold a public hearing on: Proposed amendments to Comprehensive Zoning Resolution of St. Lucie County, Florida, as follows: 1. Amend Maximum densities as set forth in Paragraph 1, Sub- section 21, Section 7, to read in part as follows: "P-1 5.0 per acre B-1 5.0 per acre B-2 8,0 per acre" Amend P-1 District (Professional and Restricted Commercial) in Schedule of District Regulations, Permitted Principle Uses and Structures, to read as follows: "Any use permitted in an R-4A multiple dwelling district, subject ....... " Amend P-1 District (professional and Restricted Commercial) in Schedule of District Regulations, to read as follows: "MINIMUM FLOOR AREAS (see definition) ~ Each dwelling unit: As for R-4A'~ Amend B-1 District (Neighborhood Business) in Schedule of District Regulations by adding between MAXIMUM HEIGHT OF STRUC- TURES and LIMITATIONS ON SIGNS: "MINIMUM FLOOR AREAS (see definition) Each dWelling unit: As for R-4A" Amend B-2 DiStrict (Limited Business) in SchedUle of District Regulations to read as follows: "MINIMUM FLOOR AREAS (see definition) Each dwelling unit: Each efficiency unit: Each motel unit: As fo r R- 4A As for R-4E As for R-4E 6. Amend Subsection 20 (A)(2) of Section 7 to read as follows: "(2) The application shall be in the form prescribed prescribed by the County Building and Zoning Department and shall be accompanzed by the required application fee. The authority for a person other than the owner to file an application must be attached to said application." Amend Schedule of District Regulations by adding a new district_ ~es~i_g_nated_PDP~ DISTR. ICT ~. ~o re_~a~d~_~a~__~_o~.!ow~_: . P.D.P. PLANNED DEVELOPMENT PROJECT INTENT The intent and purpose of this district is to provide an alternative means of land development and to provide design latitude for the site planner. Further, the intent of this provision is to encourage the unified develop- ment of tracts of land by permitting, within the confines of an overall density limitation, much more creative and flexible concepts in site planning than would oth'erwise be possible through the strict application of minimum and maximum requirements of other zoning districts. Where -such flexibility is permitted, Planned Development Project design and construction shall follow a carefully devised plan of development which shall be prepared in accordance with the requirements, procedures, and approvals herein prescribed. The requirements of area, height, bulk and placement regulations, as. they are usually applicable to individual buildings and individual lots of record, would in certain cases of large scale development have results affording less protection to-the public health, safety and welfare than if a measure of flexibility was permitted. The permitting of these Planned Development Projects as special and particular land uses can, in certain cases, increase the desirability and convenience to the residents' or occupants of the Planned Development Project without causing adverse effects on adjoining properties. DEFINITION A Planned Development. Project (1) is. land under unified control, planned and developed as a-whole in a single development operation or approved programmed series of development operations for dwelling units and related uses and facilities; (2) includes principal and accessory uses and structures substantially related to the character of the development itself and the sur- rounding area of which it is a part; (3) is developed according to comprehensive and detailed plans which include not only streets, utilities, lots,.or building sites and the like, but also site plans, floor plans, and elevations for all buildings as intended to be located, constructed, used, and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings; (4) includes a program for full Provision, maintena'nce, and operation of such areas, improvements, facilities, and services as will be for common use by some or all of the occupants of the planned unit development, but will not be provided, operated, or main- tained at public expense. DESIGNATION OF PDP ZONE The'boundaries of land rezoned to PDP classification shall be indicated on the Official Zoning Map and the symbol "PDP". A change to PDP zone is permitted in any zone that permits residential u~es, and base PDP density shall be'computed according to the following formula: .. total units permitted under .-' 'base PDP density: prior zoning area in Planned Development Project Rezoning to PDP shall become effective upon approval of the Final Plan by the Board of County Commissioners. GENERAL REGULATIONS The general regulations for all Planned Development Projects shall be as follows: (1) the owner shall receive County Commission approval of the Comprehensive PDP Plan prior to start of construction. (2) construction'shall be substantially underway within one year after approval of the Final Plan. (3) the owner of a Planned Development Project shall permanently maintain the areas designated on ~he final plan for landscaping purposes. (4) the developer shall be required to provide a detailed statement of assurance including covenants, agreements, or other specific documents, showing the ownership and method of providing per- petual maintenance to be applied to those areas within the.pro- ject that are to be used for Open space, recreational or other common or quasi-public purposes. Such a statement shall be attached to the~reliminary and Final ~lans as special conditions. (5) (6) the developer shall be required to provide a statement of financial responsibility and shall als6 be required to complete all improvements including those required as special conditions before a buil.ding permit shall be issued. If the Planned Development Project is to be developed in stages, all 'improve- ments in each separate stage including those required as ~,.~ special conditions shall be complected before a~t~ shall be issuedtfor co~str~ct~o~l~.,_~ stage. an application for a Planned Development Project may include a proposed division of the tract of land within the project property lines into one or'more separately owned and operated units. Such proposed divisions, if approved along with the proposed planned, development project and if in compliance wi.th the subdivision regulations, shall be permissible-without further subdivision regulation approval. All projects which include a proposed subdivision of the total tract of land into separately owned and operated units shall, if approved, be subject to all attached special conditions and all existing subdivision regulations. (7) there shall be no-subdivision of an approved Planned Development Project unless such subdivision is in _conformance with the originally approved and recorded final plat of the planned development project has been approved and recorded. (8) there shall be no change, alteration, amendment, or extension of any approved planned development project final plan unless such change, alteration, amendment, or extension is approved in conformance with the procedures for filing a Planned Develop- ment Project. (9) all land included for purposes of development within a Planned Development Project shall be under the control of the applicant, whether-that applicant be an individual, partnership, or corp- oration or.a group of individuals, partnerships, o~ corporations.- The applicant shall present firm evidence of the unified control of the entire area within the proposed Planned Development Project. (10) parcels of land under unified ownership as specified above, containing the minimum or greater acreage allowable for a Planned Development ~roject,'and zoned in two or more classifications, shall be developed as a Planned Development Project, unless: (a) it can be demonstrated to be in the public interest to change the zoning on the parcel to a single classification. (b) it can be demonstrated that independent development of _ the separately zoned areas of the single parcel will not result in an incompatible land use relationship. GENERAL DESIGN STANDARDS The County shall examine the proposed Planned Development Project with particular attention to the following: (1) the influence the proposed project may be expected to have on existing or future development in surrounding areas and the achievement of a desirable relationship between the buildings and the land, and between the buildings themselves. (2) sites without adequate~access to collector and arterial streets will require a lower density than sites with direct access to major thoroughfares. Further, the number of dwelling units within and within the vicinity of the Planned Development Project, number and spacing of Project access points will be taken, into consideration in evaluating~quality of access. (3) to ensure that existing or proposed utility services are adequate for the population densities or land use intensities proposed. (4) to ensure that the proposed project reflects the overall loca- tion standards and principles of land use arrangement and design as set forth in the Comprehensive Plan and especially the Land Use Plan for the area. (5) off-street parking space shall be provided on the site so that there will be no generation of automobile parking on any street or access road. (6) all off-street parking facilities proposed to. be located above g~ound level shall be designed and constructed so that entrance and exist ramps do not result in direct or.indirect traffic con- -gestion on the site or on adjacent streets. (7) in Planned Development Projects containing multi,family.housing, areas shall be provided for the parking, loading and unloading of delivery trucks and other vehicles and for the servicing of buildings by refuse collection, fuel and other automobile parking spaces. Such areas ~hall be adequate in size and so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities. (8) access points on all collector or arterial streets serving a Planned Development Project shall be properlY located and spaced. The loCal planning agency may approve the use of temporary access points that shall be eliminated by the devel- oper when access roads or other streets are extended to the permanent access points. (9) no Planned Development Project shall ~be.permi~ted vehicular ~ access to a minor-residential street unless specifically ~ approved by the .Countf. (10) no intensive recreational, coninercial or miscellaneous non- ' .............. residential use shall be permitted in a pDP within 150 fee of the boundary of any adjacent, residential district. . t {ll) ~ll multi-family dwellings and hOtels aha motels shall mee " f~llowing$ ac~n-~' · -. - t the · P - q- eQulrements: ,~ ~- - -i,% (al the cumulativedistance between all principal structures on a parcel shall be equal to the cumulative building height of all principal structures; '~ (b) th'is distance regulation shall hold true in both-prime directions, i. e., length and width,-of the parcel; (c) accessory uses and structures customarily associated with, and subordinate to, the above uses, parking areas, accessways, and other facilities may be included in the required horizontal distance; and, {d) the required horizontal distance, i. e., equivalent cumulative height', shall be measured from other structures on same parcel, property lines and Mean High Water Lines. ' Planned Development Projects shall be so located in relation to sanitary sewers, water lines, storm and surface drainage systems, and other utilities systems and installations that neither extension nor enlargement of such systems will be required in manner, form, character, location, degree, scale, or timing res~lting in higher net public cost or earlier incursion of public cost than would development-in forms generally permitted under existing zoning in the area. However, if applicants will (1) provide private facilities, utilities, or services approved by appropriate public agencies as substituting.on an equivalent basis, and assure their satisfactory continuing operation permanently, or until similar public utilities, facilities, or services are available and used, or (2) make provision acceptable to the County for offsetting any added net public cost or early commitment of public funds made necessary by such development the.rezoning to PDP maY be approved. · In computing added net public costs, difference ~.n.anticipated public installatioQ, operation, and maintenance costs and difference in anti- cipated public revenue Shall be considered. Determination shall be made by experts acceptable to the County. ' SUBSTANTIVE DESIGN STANDARDS Circulation System: Every dwelling unit, or other use permitted in the Planned Development Project shall have access to a public street either directly or via an approved private road, pedestri, an way, or other area dedicated to public or private use, or common element guaranteeing access. Permitted uses are not required to front on a dedicated public road. Principal vehicular.access points shall be designed to permit smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the Planned Development Project shall not be connected to streets outside the development in such a way as to encourage their use by through traffic. The proposed Planned Development Project must be so located with regard tO major thoroughfares and uses outside the project that traffic con- .gestion will not be Created by the proposed development or will be .'-Obviated by presently projected improvements and that uses adjacent to such thocoughfares will not be adversely affected. A part of every residential building shall not be famtheK, than sixty (60) feet from an access roadway or drive providing vehicular access from a public street. The design of internal circulation systems must be coordinated with the non-residential element of the PDP. All commercial or ~iscellaneous non-residential land uses within the PDP shall have direct access to a collector~or arterial street without creating traffic hazards or congestion on any street. The pedestrian circulation system and its related walkways shall be insulated completely and as reasonably as possible from the vehicular street system in order to provide separation of pedestrian and vehicular movement. This shall include, when deemed to be necessary by the County Commission, pedestrian underpasses or overpasses in the vicinity of schools, playgrounds, local shopping areas, and other neighborhood uses which generate a considerable amount of pedestrian traffic. Streets in a PDP may be dedicated to public use or retained under 'Private ownership. Said streets and associated improvements shall be constructed in accordance with standards required by the County Regulations for Filing Plats and Developing SubdiVisions and other applicable standard County specifications. If the owners in the future should request that the private streets be changed to public streets, the owners shall fully agree that, before acceptance of such streets by the County, the owners shall bear full expense of reconstruction or any other action necessary to make the streets fully conform to the requirements applicable at that time for public streets, prior to dedication and acceptance. Finally, the owners shall also agree that these streets shall be conveyed to public use without compensation to the 6wners and without the owners' expenses in making such streets conform to the requirements applicable at that time for public streets, if at some future date, the County so requests. Within the boundaries of the Planned Development Project, no minimum lot size or-minimum yards shall be required; provided, however, that P'DP frontage on dedicated public roads shall observe front yard requirements in accordance with the .zoning district the PDP use most closely resembles and that where the Project abuts another Residential District, a per~ manent open space at least twenty-five (25) feet wide shall be provided- along the property line, shall be maintained in landscaping, and nb driveway or ~ark~ng sha_~__~.~p.~rn)~it~e~ ink, ch_an- are~_ ............................ Parking: Offstreet parking and loading requirements are governed by Section 11 of the Comprehensive Zonin9 Resolution and the following standards: (1) Parking and loading areas shall be arranged so as to prevent through traffic to other parking areas. (2) Parking and loading areas sha~l be screened from adjacent structures, roads, and pedestrian walkways with hedges, dense planting, earth berms, changes in grade or walls. (3) No more than 15 parking spaces shall be permitted in a con- tinuous row without being interrupted by landscaping. (4) No more than 60 parking spaces shall be accommodated in any unlandscaped single parking area. (5) All streets and any off-street l~ading area shall be paved. However, upon recommendation of the County Engineer and approval by the County Commission, up to 25% of the parking area may be finished with a permeable surface. (6)' All parking areas and off-street loading areas shall be graded, drained, and constructed so as to dispose of all surface water without erosion, flooding, or other inconveniences, and con, structed in order to contain and dispose of-surface runoff site. (7) Parking and loading for nonresidential purposes shall be pro- vided in accordance with applicable provisions of the Compre- hensive Zoning Resolution and as deemed adequate by the County Commission. (a) Off-street parking and loading requirements may be modified by the County Commission as appropriated to the particular case based upon the types of establish- ments permitted and the anticipated proportion of walk-in trade. (b) Multiple use of off-street parking, loading, or service areas and accessways for commercial and miscellaneous non-residential uses may be permitted, if such multiple' use will not lead to congestion or'the creation of hazards to pedestrian and vehicula~ traffi~.~ ................. Parcel Size:. Any tract of land for which a Planned Development Project application is made shall contain a minimum amount of land as specified for t~e follow- ing types of development: Major ,Type of. Use Single Family Residential Use Multiple Family Residential Use Mixed Single and Multiple Family Residential Use (Over 50% Multiple Family) Minimum Area Required l0 Acres 2 Acres 5 Acres All lighting facilities shall be arranged in such a manner so as to prevent direct glare or hazardous interference of any kind to adjoi-nin§ streets or properties. All Planned Development Project building construction, shall conform to all local., state and federal regulations pertaining to the particular type of building or buildings proposed. The developer shall provide the local planning board or designated agency with assurance'of such compliance when appropriate. The County may attach any reasonable special condition necessary to ensure that there shall be no departure from the intent of this ordinance. Because a Planned Development Projectis inherently more complex than a single lot development and becuase each such project must be tailored to the topography and neighboring uses, the standards and special conditions for such projects cannot be inflexible. Open Space: Required open space shall comprise at least forty (40) percent of the total gross area of the Planned Development Project and shall be devoted to planting, walkways, and recreational areas. Open Space includes: (1) Land area of the site not. covered~by:buitd~ngs, parking areas, garages or carports, or other accessory structures except recrea- tional structures.when such recreational facilities and their accessory uses do not constitute more than five (5) percent of total open space in impervious surfaces_(paving, roofs, etc.).. (2)' Land :-. which is accessible and available to all occupants of' dwelling units for whose use or enjoyment, the space is intended. Open Space Does Not Include: (1) (2) (3) (4) (5) Utility easements; Proposed street right-of-way; Parking areas and roadways; School sites and other community facility sites; and, Nonresidential areas and the buildings, accessory uses, and parking and loading facilities for these nonresidential areas. Con, non open space (land reserved primarily for the leisure and recrea- tional use of the Planned Development Project residents and owned an~ maintained in common by them) shall comprise at least twenty (20) per- cent of the total gross area of 'the Planned Development Project (fifty (50) percent.of required open space) and shall be improved to be used for recreational or park purposes for the'collective enjoyment and use of the occupants of the development. At the request of the developer and subject to approval by the 'County Commission, use of recreational facilities may be offered to the general public by the developer.and/or owners. ~ · The remaining fifty (50).percent of the required open space, i.e., that not to be improved for recreational activities, may also be improved or may be left in its natural state. Areas devoted to natural or improved floodways and those areas encumbered by flowage, 'floodway, or drainage easements may be applied to satisfying this portion of the total open space requirements. All land shown on the Final Plan as common open space must be conveyed under one of the following options: (1) It may be conveyed to a public agency which will, upon acceptance,. a~ree to maintain it and any buildings, structures or improve- ments which have been placed on it. (2) It may be conveyed to trustees provided.in .an-indenture estab- lishing an association or similar organization.,for the mainten- ance of the planned development. The common open space must be conveyed to the trustees subject to covenants to be approved by the County Commission which restrict the common open space to the uses specified on the Final Plan, and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose. If the common open space is not conveyed to a public agency, either one of the following_methods of enfo~cement m~S__~b~?_~y~ded: ................................ (1) The legal right to develop the common open space for the uses not specified in the Final Plan must be conveyed to a public agency. (2) The restrictions governing the use, improvement and maintenance of the common open space, must be stated as conditions to the conveyance of the"common open space, and the-fee-title'to the common open space shall be vested in a poblic agency in the event of a substantial default in the stated conditions. If the cJmmon open space is not conveyed to a ~public agency, the covenants governing the use, improvements, and maintenance of the common open space may authorize a public agency to enforce their provisions. The developer must file, at the time the Preliminary Plan is filed, legal documents which will produce the aforesaid guarantees and, in particular, will provide'for restricting the use of common open space for its desig- nated purpose. ' Commercial and 'Miscellaneous Non-Residential Uses: Non-residential accessory development may be permitted in a PDP if such development is for PDP residents and if actual need for such develop- ment is generated by the PDP itself. Any commercial development shall be justified economically at the loca- tions proposed to provide for adequate commercial facilities of the types proposed. Consequently, the .amount of area and ty.pe of commercial facil- ities to be allowed in the PDP shall be based upon a market analysis con- taining at least the following: (1) .Determination of. the trade area of the proposed commercial facilities; (2) Determination of the trade area population, present and pro- spective; (3) Determination of the effective buying power in such area; (4) Determination of net potential customer buying power for stores in the prQposed commercial facilities and, on such 'basis, the recommended store types and store floor areas; and (5) Determination of the residual amount of buying power in the trade area and how it may be expected to be expanded in other .areas serving the trade area The market analysis shall be prepared and signed by a market'analyst and shall be critically reviewed by county staff. The minimum PDP size requirement for any PDP non-residential development is 400 dwelling units or lO0 acres before any con~ercial development shall be allowed. The maximum amount of land devoted to commercial and miscellaneous non-residential uses shall not exceed four (4) percent of the gross PDP area. However, it is recognized that these requirements should not receive more emphasis than a market analysis as a sound criteria for establishing the amount of commercial .development in a residential PDP. Any commercial or miscellaneous non-residential development must be planned as an integral part of the PDP~ No commercial or miscellaneous non-residential use shall be permitted within 150 feet of the PDP perimeter. Churches, schools, and other non-residential, non-conlnercial uses in the PDP district shall be subject to all requirements for lot area, width, height, yards and setbacks described in the zoning district in which they are first permitted. No' building permit'for any commercial or miscellaneous nonJresidential use in a residential PDP shall be issued before the issuance of Certi- ficates of Occupancy for at. least 400 dwelling unit~ within the PDP. .~All commercial and miscellaneous non-residential areas shall, be~screened from adjacent structures, walkways, and roads with hedges, dense plant- ing, earth berms,,-changes in grade, or walls. This screening shall be -located on a well maintained green belt of at least 20 feet width.. PERMITTED USES The permitted uses in a ~Planned Development Project are as follows: (1) Sing!e family detached residence, two-family and multiple family dwelling units (including townhouses, row houses, atrium houses, patio houses, garden apartments, condominiums, and high- rises). (2) Public and semi-public parks and playgrounds landscaped areas and greenbelts. (3) Recreation and amusement establishments, providing, that all business shall be conducted entirely within fully enclosed -buildings._ ................................ (4.) Clubs and lodgeS~ §~lf courses, tennis cOurts, and club houses. (5) Docks and marinas. (6) ~.Those commercial and'miscellaneous non-residential uses con~ sidered as necessary to serve the occupants of the PDP. These- include: (a) Retail outlets for the sale of food, wearing apparel, sundries, and notions, drugs, hardware, garden supplies, toys and similar products. (b) Florists, gift and jewelry shops, and pet and hobby supply outlets. .(c) Personal service establishments, such as barber shops, beauty parlors, shoe repair and shoe shine shops, restaurants~ self-service laundries, tailor and dressmaking shops, watch and jewelry repair, and laundry or dry Cleaning pick-up stations. (d) -Miscellaneous non-residential uses, such as medical or dental offices, churches, and nurseries or child care centers. (e) Accessory uses and structures incidental to a permitted use including a cocktail lounge in connection with a restaurant. (7) Other uses of a nature similar to those listed, after deter- -mination and recommendation _by the County at the time of re- zoning that such use or uses is appropriate to the PDP including schools, utility installations, and other public facilities. ADMINISTRATIVE PROCEDURES I. Pre-Application Conference - ~ (A) purpose: A pre-application conference with the_County staff will be held. This conference provides the developer with an opportunity to gather information and obtain guidance as to general conformity of the project with the area into which it -~ is proposed to locate the Planned Development Project and the ~' provisions'of this Resolu~on before entering into binding commitments or incurring substantial expense in the 'prepara- tion of plans, surveys, and other data. (B) Points~ During a pre-application conference, particular attention should be given to: (1) The present uses and character of the area; (2) The road and street system, especially: (a) interior neighborhood-through routes, (3) (4) (b) designated collector and arterial streets, both existing and proposed; and, (c) the rights-of-way widths for all roads and streets. Public and private open area dnd parks and trails. Public utilities and services or their counterpart: (a) water (b) sewer (c) fire protection (d) surface drainage (e) school facilities, etc. (5) Type structures to be built. (6) (7) Proposed uses to be developed. Discussion of the developer's market analysis in support of proposed'PDP commercial and miscellaneous non-residential facilities. II. Preliminary Development Plan: The developer shall make application for approval of a Planned Development Project to the Building and Zoning Department, including payment of'required application fee. The application shall be filed on the basis of a Preliminary Plan as contained in this section. (A) Purpose: -The purpose of a Preliminary Plan is to provide an opportunity for a plan to be submitted to the County showing the intent of the developer and the nature of development with as little expense as possible. This Preliminary Plan will serve as the basis for the first public hearing to be held in the early stages of the proposal. (B) Maps and Written Documents: The Preliminary Plan shall include generalized maps and the written statement setting forth the details of the proposed development. It must show enough of. the area surrounding the proposed development to demonstrate the relation- ship of the Planned Development Project to the adjoining uses; · both existing and. those proposed by the developer. (1) The maps shall contain the following information and as appropriate, the facilities are to be identified as to whether they are to be public or private: ' {a} The existing siteconditions including contours at one foot i'ntervals, water courses, flood plains, unique natural features, soils, and forest cover. {b) Proposed lot lines and plot designs. {c} The location and floor area size of all existing and proposed buildings, structures, and other improvements including maximum heights, types of dwelling units, density per type, and non-residential~structures, in- cluding commercial facilities. {d} The location and size in acres or square feet of all areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semi-public uses. {e} The existing and proposed circulation system of ' arterial, collector, and local streets including off-street parking areas, service areas, loading areas, and major points of access to public rights- of-way {including major points of ingress and egress to the development}. Notations of proposed owner- ship -- public or private -- should.be included where appropriate. {f} For PDP's with 100 or more dwelling unit~, the amount and circulation patterns of traffic expected to be generated by the PDP shall be analyzed by a professional person or firm with recognized experience and expertise in the field of traffic planning/engineering or trans- portation planning to determine the impact on surround- ing streets, adequacy of access, scope of needed improvements, {g) The existing and proposed pedestrian circulation system, including its inter-relationships with the~vehicular circulation system, indicating'proposed treatments of points of conflict. {h} The existing and proposed utility systems including sanitary sewers, storm sewers, and water, electric, gas, and telephone lines. · (i) A general landscape and drainage plan indicating the treatment of materials used for private and common open spaces. (j) Enough information on land areas adjacent to the proposed PDP to indicate the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifi- cations, densities, circulation systems, public facilities and unique natural features of'the land- (k) The proposed treatment of the perimeter of the PDP, including materials and techniques used such as screens, fences, and walls. (1) Any additional information as required by the review authority necessary to evaluate the character and impact of the proposed PDP. (2) Written supportive material submitted in conjunction with the Preliminary Plan shall include the following: ...... . (a} A legal description of the total site proposed for development, including a statement of present and proposed ownership and present and proposed zoning. (b) A statement of planning objectivesto be achieved by the PDP through the particular'approach proposed by the applicant. This statement should'include a description of the character of the proposed develop- ment and the rationale behind the assumptions and choices..made by the applicant. (c) A development schedule indicating the approximate dates when construction of the PDP can be expected to begin and be completed.- (d) A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the PDP, such as land areas, dwelling units, etc. (e) Quantitative data for the following: Total number and type of dwelling units; parcel size; proposed lot coverage of buildings and structures;.approximate gross and net residential densities; total amount of open space (including a separate figure for usable open space); total amount of nonresidential con- struction (including a separate figure for com- mercial or institutional facilities); economic feasibility studies or market analysis; and other- studies as required.by the review authority. (C) Public Hearing: The first public hearing will be held based on the PDP by the Planning and Zoning Commission and the Planning and Zoning Commission shall deliver .its recommendation, for approval or disaPproval to the Board of County Commissioners for a second hearing on the Preliminary Plan. ~ III. (D) Preliminary Plan Approval: ', (1) If, after a public hearing, the Planned Development Project is recommended for approval by the Planning and Zoning Commission then a resolution shall be' passed stating that they will recommend the specified area as a PDP, provided that the County Commission approves the Preliminary Plan.' (2) In the event the County Commission has conditioned its~approval inthe granting of the plan requiring modifications to the plan, then such Preliminary Plan approval shall not be effective until the developer has filed, with the County Commission or designated agency, written consent to the plan as modified. (3) Detailed Plan If a'Detailed Plan covering the area in the Pre- liminary-Plan has not been filed within six (6) months from the date granting Preliminary Plan approval, the approval shall expire. The County at its discretion, may extend for additional periods not in excess of six months each, the filing of the Detailed-Plan Whenj for good cause, such extension i~ necessary.. (A) Purpose: The purpose of the Detailed Plan is to provide a specific and particular plan upon which the County Commission will take its final action. When seeking approval of a Planned Development Project, the Detailed Plan shall be filed as the second step plan when a Preliminary Plan has been approved. The Detailed Plan may be submitted in stages or in its entirety, within six (6) months following approval 'of the Preliminary Plan, unless an extension has been granted. Maps and Written Statement: The Detailed Plan must include the following information in addition to that required on the Pre- liminary Plan and Written Statement: (1) A map showing: (a) street location and nature of improvement; (b) lot lines and lot designs~ (c) the landscaping and tree planting plan; and (d) surface drainage system.' (3) Areas proposed to be conveyed, dedicated, or reserved for parks, parkways, playgrounds, school sites,-public build- ings and similar public and semi-public uses. A plot plan. for each building site, except single-family lots and the common open area, showing the location of all buildings, structures, and improvements and indicat- ing the open spaces around buildings and structures. (4) Elevation and perspective drawings of all typical pro- posed structures and improvements except single-family residences and their .accessory buildings. The drawings need not be the result of final architectural decisions and need not'be in construction detail. (5) A development schedule indicating: (a) the approximate date when construction of the project can be expected to begin; (b) (c) ~the stages in which the project will be built and the approximate date when construction of each stage can be expected to begin; the approximate dates when the'development of each of the stages in ~he development will be completed; and, (6) (d) the area and location of common open space that will be provided at each stage. Agreements, provisions, declarations or covenants which govern the use, mai'ntenance and continued protection of the Planned Development Project and any of its common open areas. (7) The following plans and'diagrams will be provided when the local planning agency finds that the Planned Develop- ment Project creates special problems of traffic or parking; (a) an off-street parking and loading area plan; (b)' circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within the Planned Development and to and from existing thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or insure the safety of this circulation pattern must be shown. (c) (E) Detai,ledPlan Approgal: (l) The local planning agency'shall compare the Detailed Plan with the Preliminary Plan and with the standards set forth in this Resolution. The Detailed Plan shall be deemed in substantial conformance with the Preliminary Plan, provided modification by the applicant does not involve a change which results in any of the following conditions: (a) a violation of any provisions of this resolution; (b) a r~duction of more than ten (lO) percent of area reserved for open space; (c) an increase in floor area by more than ten (10) percent; (d) an increase in impervious surface-by more than five (5) percent. The County may place further reasonable conditions upon its granting of approval which, in its judgement, will insure conformance to the plan as approved. Disapproval of Detailed Plan: In the event the County is unable to find that the Detailed Plan is in substantial conformance to the purpose and intent of the Preliminary Plan, the County shall not grant approval of the Detailed Plan. Site Improvements: The developer, at his option, may place street improvements, sidewalks, utilities and other permanent site improvements'after Detailed Plan approval or stake the location of the buildings and make application for building permits. Under no circumstances, however, will any building permit be issued until final approval has been granted and the necessary portions of the Plan, recorded. The placing of improvements will not obligate the County Commission to approve such improvements in the Final Plan approval ~action if not in accord with the Detailed Plan or not in conformance with the terms of this ordinance. '(A) Final Plan Approval Action Public Record: The Final Plan is the permanent public record of the Planned Development Project and will be.the manner in which the development is constructed as provided herein. (B) Contents: The Final Plan'shall be filed within six (6) months of the date of the granting of Detailed Plan approval and shall contain, in final form, the information required for the Detailed Plan. In addition, the following will apply: (1) If parcels of land are to be sold, then a subdivision plat in the form prescribed by the County Commission shall be filed for approval in the appropriate manner. (2) If land within the Planned Development Project is not to be sold in individual parcels, then a site-plan shall be prepared and filed with the local planning agency which is suitable for inclusion in the deed records of the County, and a permanent ~eproducible transparency of the Final Plan will be filed with the .local planning agency, which transparency will be placed on file with the County 'EngineeE. (3) Condominium plats do not need to be filed with, or approved by, the local planning agency. They are to be recorded as distinct and separate acts from the documents in Paragraph 1 ~anU Paragraph 2 above. (c) Final Plan Approval: The County Commission shall review the Final Plan and shall approve the Plan if it is in substantial conformance with the Detailed Plan. (1) The County Commission may require, as a condition to the granting of approval, the submission of satisfactory evidence that the improvements will be placed. (2) The loca~ planning board, designated agency, or County Commission shall not approve the Final Development Plan or any stage of the Planned Development Project if the average of the allowable dwelling units per acre, up to and including the stage which is to be approved, exceeds by more than ten (10) percent the average number of dwelling units per acre which is allowable for the entire Planned Development Project. (3) Upon final approval and after all conditions have been met, the County Commission shall approve the recording of the Final Development Plan in the deed records when no parcels are to be sold. In the instance when parcels are to be sold, the developer will process and have recorded the subdivision plat in the manner designated for the County. V. Substantial Conformance The determination of substantial conformance between the Detailed Plan and the Final Plan shall be at the diScretion of the County Commission. Variation in conformance is intended solely to fac- ilitate the minor adjustments which may be necessary as the plans approach, a final construction stage. The County Commission may refuse to grant approval of substantial conformance if, in their opinion, the adjustments are being used to significantly modify the approved Plan. Minor adjustments shall not result in any of the following: (A) A change in the use or character of the development; (B) An increase in overall coverage of structures; (C) An increase in the .intensity~f~use: (D) An increase in the problems of traffic circulation and public utilities; (E) (F) (G) A reduction in approved open space; A,reduction of off-street parking and loading space; and, A reduction in required pavement width.- VI. Final Plan Approval - Time Limit and Change of Ownershi'p Final Plan approval shall terminate twelve (12) months thereafter if construction of buildings has not started. Extensions may be granted by the Board of County Commissi6ners at its discretion. - If, at any time during the valid period of final plan approval, majority development ownership (51% or more) changes, final approval shall automatically be terminated. Dated this 16th day of October, 1974. PLANNING & ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA Publish' September 20, 1974 By R. K. Davis, Chairman PROPOSED AMENDMENTS 70 CO~REHENSIVE ZONING RESOLUTION OF ST. LUCIE COUNTY e o Amend maximum densities as set forth in Paragraph 1, Subsection 21, Section 7 to read in part as follows: "P-1 5.0 per acre B-1 5.0 per acre B-2 8.0 per acre" Amend P-1 District (Professional and Restricted Commercial) in Schedule of District Regulations, Permitted Principle Uses and Structures, to read as follows: '~ny use permitted in an R-4A multiple dwelling district, subject ..." Amend P-1 District (Professional and Restricted Commercial) in Schedule of District Regulations, to read as follows: "MINIMUM FLOOR AREAS (see definition) Each dwelling unit: AS for R-4A" Amend B-1 District (Neighborhood Business) in Schedule of District Regulations by adding between MAXIMUM HEIGHT OF STRUCTURES and LIMITATIONS ON SIGNS: "MINIMUM FLOOR AREAS (see definition) Each.dwelling unit: As for R-4A." Amend B-2 District (Limited Business) in Schedule of District Regulations to read as follows: "MINIMUM FLOOR AREAS (see deI~nition) Each dwelling unit: As for R-4A Each efficiency unit: As for R-4E Each motel unit: As for R-4E PROPOSED AMENDMENTS TO COMPREHENSIVE ZONING RESOLUTION OF ST. LUCIE COUNTY i~. Amend Subsection 20(A)(2) of Section 7 to read as follows~ "(2) The application shall be in the form prescribed by the County Building and Zoning Department and shall be accompanied by the required application fee. The authority for a person other than the owner to file an application must be attached to said application." 2. Amend Schedule of District Regulations by adding a new district designated PDP DISTRICT to read as follows (as attached to my June 24, ~974 memorandum to you): MEMORANDUM FHO~ ~ O) de~ig~ ~i~ for ~ite p!~ w~ere a ~he mado~ di~tzio~ of ~his seeW,.on oon~ain zpeolfi~ 9e~la~ow parki~ O. ~i~m po~oe~ oi~e (~- 10 aegO.~); and, zt~ff ~ gat~e~ info~r~ation and o~ ' ' d . p TO: ~L ~T; County ~ty Oeve!Opment ~rdinator July t7, lg74 SUI~IECT, p[~ Regulations Attached you ~lll find the latest draft of the ~ument. The has been corrected to i~cl~de changes nde by CO~Jnty It iS r~v for the requt~ at our last meeting. that the attach~ is heaping bef~e the Planning si~. If you you please institute s~ch ~dvertisi'n~. it be p~ssible to advertise su~gaste~! for the ng assistance on ~his ~tte~, Please le~ me kn~. E~ctosure