§ 21-299. PD Planned Development District.

(a)

Applicability. Owners of properties located within the OF Ocean Front District which contain five or more contiguous acres may apply to the Village Council to approve a rezoning to a PD Planned Development district applicable to their properties, in accordance with the following provisions and in the discretion of the Village Council.

(b)

Procedure for creation of PD District.

(1)

Purpose of PD District. The purpose of this section is to promote the public health, safety, comfort, order, appearance, convenience and general welfare of the Village; to answer the demand for housing of all types and designs; to provide suitable sites for the development of Structures combining residential and suitable commercial uses in a well-planned and compatible manner; to encourage innovations in residential and mixed use development, with greater variety in type, design and layout of Buildings than is generally possible under conventional zoning regulations; to conserve and efficiently use open space; to provide greater opportunities for housing, shopping, employment and recreation; to encourage more efficient use of land and public services; and to conserve land values. It is further the intent of this section to secure:

(i)

The establishment of standards of PD design which will encourage the development of attractive, interesting, high quality mixed use Structures;

(ii)

The provisions of safe and convenient vehicular and pedestrian traffic circulation in land developments;

(iii)

The availability of open spaces in land developments for recreational beach access;

(iv)

The coordination of land development in the Village in accordance with orderly physical growth patterns;

(v)

Implementation of the comprehensive plan; and

(vi)

The discretion of the Village Council to approve, approve with conditions, or deny a PD application based upon its determination that the application, as proposed or modified, serves and protects the health, safety and welfare to at least an equivalent degree as the underlying zoning.

(2)

Ownership and applicant qualifications. A PD application may be filed in the names of the Owners of record of the Property included within the PD. However, the application may be filed by an applicant with an equitable interest in the Property, or by an attorney or agent for the Owners, provided the Owners of record join in and execute the application.

(3)

Application. A PD application shall be in form prescribed by the Building Official, and shall be accompanied by a current survey, detailed site plan, a conceptual Building plan and elevations, preliminary engineering plans, proposed preliminary design guidelines and a Landscaping plan. Each application shall be accompanied by a nonrefundable application fee of $12,500.00. The Village shall account for all costs of review, including but not limited to fees of Village staff and consultants and out of pocket costs. The applicant additionally shall pay for all actual costs to the Village over $12,500.00. After the Village has incurred over $10,000.00 in costs, the applicant shall make a further deposit toward the actual costs in an amount and time at the discretion of the Village Manager.

(4)

Architectural Review Board. The Building Official shall review the application when complete and shall submit a report to the Architectural Review Board, which shall review the application and the Building Official report, and provide comments to the Building Official. The Building Official shall then recommend to the Village Council whether to approve, approve with conditions, or deny the PD.

(5)

Village Council determination. The development of any new PD, or the major alteration, addition or modification to an existing PD, may only be permitted in accordance with a development plan approved by the Village Council after a public hearing, after recommendations from the Building Official and the Architectural Review Board and upon a showing by the applicant that the proposed PD:

(i)

Complies with each of the requirements of this section 21-299;

(ii)

Is designed and scaled to be compatible with adjacent development(s) and the surrounding neighborhood to a degree that will avoid substantial depreciation of the value of, or adverse impacts to, the adjacent properties by virtue of its nature, location, design, Building mass or intensity of use;

(iii)

Will not create excessive noise, traffic, illumination or other noxious impacts; and

(iv)

Provides for safe, efficient, convenient and harmonious groupings of Structures, uses and facilities and for appropriate relationship of space inside and outside of Buildings to intended uses and to structural and architectural features within the site.

In connection with the approval of the site plan and the creation of the PD District, the Village Council may impose reasonable limitations on the uses within the PD (including but not limited to hours of operation) and conditions for approval to ensure the compatibility of the uses with adjacent development(s) and the surrounding neighborhood and the mitigation of any adverse impacts from the proposed development. Such mitigation may include, but not be limited to screening or buffering, Landscaping, control or manner of operation, changes in proposed construction, location or design of Buildings, relocation of proposed open space or alteration of use of such space, and changes in traffic patterns.

(6)

Development agreement. No development shall take place within a PD Planned Development District except in conformance with a Written development agreement approved by the Village Council. The agreement shall address the applicant's dedication of land or facilities to mitigate its impacts upon the Village, as may be negotiated by the Village and the applicant. The agreement shall also provide for deed restrictions, covenants, and sureties as necessary, acceptable to the Village, for the completion of the development according to the plans approved at the time of rezoning to PD Planned Development, and for continuing operation and maintenance of such areas, functions and facilities which are not proposed to be provided, operated or maintained at public expense. Unless otherwise specifically agreed to in the development agreement, development plans and permits for uses or Structures within a PD shall comply with all Village regulations, ordinances, and resolutions in effect at the time of plan approval or permit application. The second reading of the ordinance rezoning land to a PD Planned Development District shall not take place until the applicant has provided a final copy of the development agreement to the Village Clerk. In order to be considered final, the agreement shall be fully corrected to address all outstanding issues raised by the time of first reading, shall be fully executed by the applicant and all other necessary parties other than the Village, and shall include or incorporate by reference copies of all referenced exhibits. If approved, the agreement shall be recorded by the applicant with the County Clerk, at the applicant's expense.

(7)

Unified control. All land included for the purpose of development within a PD Planned Development District shall be under the control of the applicant. The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed PD. All agreements and evidence of unified control shall be certified by the Building Official and the Village Attorney that such agreements and evidence of unified control meet the requirements of these regulations. Nothing in this subsection shall prohibit the subsequent conveyance of any portion of the Property located within a PD Planned Development District, as long as unified control remains over all parcels in the District.

(8)

Mapping of PD District. Upon approval of a PD by the Village Council, the official zoning map of the Village shall be amended to show the PD and the portions of it designated for particular uses, if any.

(c)

Permitted uses.

(1)

Mixed uses. All of the uses permitted in the OF Ocean Front District, at section 21-281, are permitted in a PD Planned Development District. At least two of the listed uses shall be included in the PD District. Any use not specifically permitted in the OF Ocean Front District shall be prohibited in a PD Planned Development District.

(2)

Accessory uses. An accessory use permitted in the OF Ocean Front District shall also be permitted in a PD Planned Development District.

(3)

Utilities. Facilities for utilities including, but not limited to, power and light, cable television, telephone, water, sewer and gas utilities, shall be constructed and installed underground. This subsection shall not prohibit the erection on the ground or flush with the ground of transformers, or other similar on-the-ground facilities normally used with and as a part of an underground distribution system. The applicant shall make the necessary cost and other arrangements for such underground installation with the appropriate utility provider. Facilities for utilities shall be constructed in appropriate easements except for water and sewer utilities, which shall be constructed in the right-of-way, whenever possible.

(4)

Storage uses to be enclosed. All storage uses shall be conducted within a completely enclosed Building.

(d)

Minimum Lot area. The minimum Lot area applicable within a PD Planned Development District shall be five acres.

(e)

Minimum Street frontage. Street frontage for Lots in the PD Planned Development District shall not be less than 350 feet.

(f)

Maximum Density. The maximum densities applicable to the OF Ocean Front District, at section 21-285, are also applicable to a PD Planned Development District. Where an application for site plan in a PD Planned Development District includes multiple Lots or phases, and any one or more of those Lots or phases contains legal non-conforming use as to Density, the existence of such legal non-conforming use shall not reduce the number of units per acre permitted in this section for any other Lot or phase. However, Density may be transferred within PD phases, provided that a final PD site plan for a particular phase shall not be approved unless:

(1)

The cumulative Density of the final PD phase site plan to be approved and all prior approved final PD phase site plans does not exceed the Density of the OF Ocean Front District; or

(2)

The Density of future phase site plans is restricted such that the total Density of the final PD site plan to be approved, all prior approved PD phase site plans, and all future PD phase site plans do not exceed the Density requirements of the OF Ocean Front District.

(g)

Setbacks.

(1)

Modified Building Setbacks. Subject to final PD site plan approval, Building Setbacks may be modified from the provisions of the underlying OF Ocean Front District. Modified Building Setbacks shall be set forth on the final PD site plan or an accompanying recorded document and shall be enforced by the Village as if the Setbacks were provisions of the underlying zoning district. Building Setbacks may be modified only in accordance with the following criteria:

(i)

If the PD contains residential uses, the modified Building Setback shall provide privacy within dwellings.

(ii)

The modified Building Setback shall provide adequate light and air.

(iii)

The location of a modified Setback and the compatibility of adjacent uses shall be a factor in granting approval of Setback modifications.

(iv)

Building configuration and the relationship between Building configuration and privacy, light, air and the compatibility of modified Building Setback uses shall be factors in granting approval of Setback modifications.

(v)

Fire exposure of proposed PD Buildings, ground floor area of Buildings, height of Buildings, occupancy usage, type of construction, availability of water for fire flow, and spacing of fire hydrants shall be factors in granting approval of Setback modifications.

(2)

Required perimeter Building Setback. No Building shall be located closer than 100 feet to Collins Avenue, or closer than 25 feet to any other perimeter Property line of a PD. The perimeter Building Setback shall be landscaped to the standards of, and maintained as required by, subsection 21-292. In determining the specific perimeter Setback requirement for each PD, the compatibility of adjacent land uses, Building heights and any Parking Structures shall be considered and the required perimeter Building Setback may be adjusted accordingly.

(3)

Coastal construction control line. Notwithstanding anything to the contrary in the Code, Building construction seaward of the coastal construction control line may be permitted provided the Building construction is consistent with the approved PD site plan and development agreement and provided that all State and local permits required for such Building construction are obtained by the applicant.

(h)

Building height. Building height shall not exceed 297 feet above the average Street Grade adjoining the Property, as determined under section 21-288(4) of this Code. Rooftop Structures shall be permitted pursuant to section 21-293 of this Code.

(i)

Model Buildings. The model Building provisions applicable to the OF Ocean Front District, at section 21-294, is also applicable to a PD Planned Development District.

(j)

Storm and hurricane shutters. The storm and hurricane shutters applicable to the OF Ocean Front District, at section 21-296, are also applicable to a PD Planned Development District.

(k)

Sea turtle protection. The sea turtle protection provisions applicable to the OF Ocean Front District, at sections 21-297 and 21-298, are also applicable to a PD Planned Development District.

(l)

Compliance. No PD shall be approved unless the conditions of this section are satisfied. The requirements of this section are continuing and enforceable against any PD approved hereunder.

(m)

Modification of development parameters. A development agreement and PD approval granted under this section may be reasonably modified where the conditions and designs are such that modification is necessary in the determination of the Village Council. Any modification shall require evidence of the necessity for the modification and the resulting impact of the modification, and shall conform to the development parameters of this section. Approved modifications shall be incorporated into the development agreement, and shall be accompanied by the submission of as-built plans for the entire PD development with all existing easements and underground utility systems shown thereon, including Landscaping plans. Applications for modifications must be authorized by all of the Persons that originally signed the development agreement on behalf of the applicant.

(n)

Effect of PD Planned Development rezoning. Upon the rezoning of the Property to PD Planned Development District, the approved PD site plan and development agreement, along with such requirements, safeguards, or modifications as may have been included by the Village Council in its rezoning action, shall be substantially complied with relative to the issuance of Building permits and certificates of occupancy for all Buildings and improvements constructed within the PD Planned Development District. The approved PD site plan and development agreement shall constitute the approved development and the development regulations applicable to Property within the PD Planned Development District. In the event of any conflict with any other provisions of the Code, the PD site plan and development agreement shall control the development of the Property within the PD Planned Development District.

(Ord. No. 473, § 4, 6-18-02)