§ 7.06.06. Mixed use district.

All new development in this district shall be considered as a planned unit development or planned mixed development as follows:

A.

Planned unit development (PUD).

1.

Intent and purpose: It is the purpose of this section to permit PUD's which are intended to encourage the development of land as planned neighborhoods, encourage flexible and creative concepts of site planning; preserve the natural amenities of the land by encouraging scenic and functional open areas; accomplish a more desirable environment that would not be possible through the strict application of the minimum requirements of this Code; provide for an efficient use of land resulting in smaller networks of streets and utilities where access to regional systems is impractical and thereby lowering development and housing costs; and provide a stable environmental character compatible with surrounding areas.

2.

Permitted uses: The uses permitted within this district include the following:

a.

Residential units of all types.

b.

Churches, schools, community or club buildings and similar public and semi-public facilities.

c.

Non-residential uses, including commercial or retail uses, (as secondary uses primarily serving the development) offices, clinics and professional uses. Non-residential uses shall not occupy more than 30 percent of the development site or 30 percent of the gross floor area of all buildings within the development site, except for open space and recreation uses which may occupy as much of the site as may be approved by the Town Council. NOTE: There is no requirement to include non-residential uses, other than open-space and common amenities.

B.

Definitions: In addition to the definitions contained elsewhere in this Code, the following terms, phrases, words and derivations shall have the following meaning:

1.

Common open space: An area of land, or an area of water, or combination of land and water within the area of a PUD which is designed and intended for the use or enjoyment by residents of the PUD in common. Common open space may contain such recreation structures and improvements as are desirable and appropriate for the common benefit and enjoyment of residents of the PUD.

2.

Gross acreage: The total number of acres within the perimeter boundaries of a PUD development site.

3.

Land owner: The legal or beneficial owner or owners of all the land proposed to be included in a PUD; the holder of an option or a contract to purchase; or a person having possessory rights of equal dignity will be deemed to be a land owner for the purpose of this section, so long as the consent to the PUD of the owners of all other interests in the land is obtained.

4.

Net acreage: The total number of acres within the perimeter boundaries of a PUD excluding areas devoted to streets, rights-of-way, easements, lakes, public and private open space and recreation areas.

5.

Planned unit development (PUD): An area of land devoted by its owner to development as a single entity for a number of dwelling units and commercial uses in accordance with a plan which does not necessarily comply with the provisions of this Code with respect to lot size, lot coverage, setbacks, off-street parking, bulk or type of dwelling, density and other regulations. Once approved, the development plan for the PUD becomes the development regulations applicable to the property within the boundaries of the PUD and supersede the zoning provisions within this Code to the extent they vary from the Code.

6.

Plan: Plans for development of land approved for PUD's shall be processed in accordance with procedures for subdividing, if applicable, and for re-zoning property within the city. Approval of a PUD by the Town Council constitutes a re-zoning of the property and, therefore all requirements for re-zoning must be followed.

The preliminary development plan is to be submitted to the town manager, or designee, with the preliminary plat. The final development plan is submitted in the same manner for final plat approval.

All terms, conditions and stipulations made at the time of approval for a PUD shall be binding upon the applicant or any successors in interest. Deviations from approved plans not approved as a minor or substantial change as set forth in this section or failure to comply with any requirement, condition or safeguard shall constitute a violation of these zoning regulations.

C.

Procedure for approval of a planned unit development: The procedure for obtaining a change in zoning district for the purpose of undertaking a PUD is as follows:

1.

Preliminary planned unit development and master plan approval: The applicant shall submit to the town manager, his application for the PUD zoning classification and shall submit the following exhibits at the same time.

a.

A statement of objectives describing the general purpose and character of the proposed development including structure types and uses.

b.

A vicinity Map showing the location of the proposed development.

c.

Boundary survey and legal description of the property.

d.

A topographic survey.

e.

A master plan. A master plan, drawn at a scale suitable for presentation, showing and/or describing the following:

(1)

Proposed land uses including structure types.

(2)

Lot sizes, if any.

(3)

Building setbacks: Proposed building setbacks shall be noted and shall define the distance buildings will be setback from:

(a)

Surrounding property lines.

(b)

Proposed and existing streets.

(c)

Other proposed buildings.

(d)

The center line of channels, streams or significant drainage ways.

(e)

The mean high water line of water bodies.

(f)

Other man-made or natural features which would be affected by building encroachment.

(4)

Proposed maximum height of buildings:

(5)

Open spaces:

(a)

Developed recreation.

(b)

Common open space.

(c)

Natural areas.

(6)

Collector and residential access streets.

(7)

Screening, buffering and landscaped areas.

f.

A table showing acreage for each category of land use.

g.

A table of proposed maximum and average densities for residential land uses.

h.

A preliminary utility service plan including sanitary sewers, storm drainage, and potable water supply.

i.

A statement indicating the type of legal instruments that will be created to provide for management of common areas, streets and infrastructure.

j.

Other information which may be determined necessary by the town manager in order to fully understand and document the proposal. Such other information shall not be unreasonable and shall be required only due to unique circumstances associated with the development site, the neighborhood or the proposal.

2.

Processing the planned unit development zoning application and preliminary master plan submittals: When the town manager has received the application and submittals, and is satisfied that the application and submittals are complete, the application shall be processed as any other zoning application in accordance with the provisions of this Code.

3.

Final development plan: If preliminary approval for rezoning to the PUD is granted, the applicant shall submit a final planned unit development plan covering all or part of the approved master plan within 12 months, to the town manager. The final development plan shall include the following exhibits.

a.

A statement of objectives.

b.

A topographic map showing contours at intervals of two feet.

(1)

The location of existing buildings, water courses, transmission lines, sewers, bridges, water mains and any public utility easements.

(2)

Wooded areas, streams, lakes, marshes and any other physical conditions affecting the site.

c.

A development plan showing:

(1)

The boundaries of the site.

(2)

Width, location and names of surrounding streets.

(3)

Surrounding land use.

(4)

Proposed streets and street names and other vehicular and pedestrian circulation systems including off-street parking.

(5)

The use, size and location of all proposed building sites including structure types.

(6)

Location and size of common open spaces and public or semi-public areas.

d.

A utility service plan showing:

(1)

Existing and proposed drainage and sewer lines.

(2)

The disposition of solid waste, sanitary sewer and stormwater.

(3)

The distribution of potable water.

(4)

Location and width of all utility easements and/or rights-of-way.

(5)

Department of Transportation and Department of Environmental Protection Permits, where required.

e.

All landscaped areas, including:

(1)

Natural and man-made landscaped areas.

(2)

Location, height and material for walks, fences, walkways, and other man-made landscape features.

(3)

Location and diameter at breast height of trees to be removed and location, approximate size and species of trees to be planted.

f.

The substance of covenants, grants, easements or restrictions to be imposed on the use of the land, buildings and structures, including proposed easements for public and private utilities. All such legal documents, including homeowners associations and deed restrictions, must be approved by the town attorney before final approval of the plan.

4.

No building permit shall be issued for any portion of a proposed PUD until the final development plan has been approved. Once approved, the final development plan shall become the zoning and use regulations affecting the subject property and the preliminary zoning approval will be made final.

5.

Revision of a planned unit development: Any proposed major and substantial change in the approved preliminary planned unit development master plan which affects the intent and character of the development, the density or land use pattern, the location or dimensions of streets, or similar substantial changes, shall be reviewed by the town council in the same manner as the initial zoning application. A request for a revision of the preliminary planned unit development master plan shall be supported by a written statement and by revised plans. Minor changes, and/or deviations from the preliminary planned unit development master plan, which do not affect the intent or character of the development, shall be reviewed by the town manager after consultation with technical experts serving the town (i.e. engineer, planner, attorney, fire marshall. etc.). Upon approval of the revisions, both minor and major, the applicant shall make revisions to the plans and submittals and file with the town manager within 30 days of the approval.

6.

Substantial and/or minor changes are:

Substantial changes:

Perimeter changes;

Major street relocation;

Change in building height, density, or land use pattern;

Those items listed in subsection 5, above,

Minor changes:

Change in alignment, location or length of interior street by not more than five feet;

Adjustments or minor shifts in dwelling unit mixes, not resulting in increased overall density;

Reorientation or slight shifts in building locations.

7.

Planned unit development time limitations: If substantial construction, as determined by the town manager, has not begun within two years after final approval of the PUD by the town council, the approval of the PUD will lapse.

The town manager may extend the period for beginning construction by not more than six months, if it is demonstrated that such an extension will result in the development of the approved PUD and that delays were beyond the control of the applicant. The burden of proof for obtaining the extension is on the applicant.

If the PUD lapses under this provision, the town shall cause the PUD district to be removed from the official zoning map, mail a notice by certified mail, return receipt requested, of revocation to the applicant and owner or owners and reinstate the zoning district which was in effect prior to the approval of the PUD. If the applicant is other than the owner, the notice shall be sent to the person or entity listed in the Okaloosa County Property Appraiser's records as owning the subject property.

D.

Development standards for planned unit developments:

1.

Relation to zoning districts: An approved PUD shall be considered to be a separate zoning district in which the development plan, as approved, establishes the restrictions and regulations according to which the development shall occur. Upon approval, the official zoning map will be changed to indicate the area as PUD.

2.

Density: The maximum density allowed in any PUD shall be 150 percent of the highest permitted density of the residential district imposed on the property prior to the PUD, or if not zoned residential at time of application, to a maximum of 15 units per acre.

3.

Dimensional and bulk regulations: The location of all proposed building sites shall be shown on the final development plan.

4.

Common open space: Common open spaces shown on a final development plan shall be usable, common open space owned and operated by the developer or dedicated to a homeowner's association or similar group.

5.

Access and parking: All streets, thoroughfares and access ways shall be paved and designed to effectively relate to the major thoroughfares of Cinco Bayou and Okaloosa County. Adequate off-street parking shall meet the off-street parking requirements as set forth in Chapter 6 of this Code for similar uses unless otherwise approved.

6.

Perimeter requirements: The town council may impose the requirement that structures, buildings and streets located at the perimeter of the development be permanently screened, buffered, re-oriented or modified to insure compatibility with the adjacent existing uses. All applicants for PUD approval are encouraged to review and consider Comprehensive Plan Policy 7.A.3.4 (e) prior to making application and the town council shall consider the policy when reviewing the application and drawings.

E.

PMDD—Planned mixed development district:

1.

Intent and purpose: It is the purpose of this section to permit planned mixed use developments as planned neighborhoods and business and commercial centers; encourage flexible and creative concepts of site planning; preserve the natural amenities of the land by encouraging functional open areas; accomplish a more desirable environment that would not be possible through the strict application of the minimum requirements of these regulations; provide for an efficient use of land resulting in smaller networks of streets and utilities where access to regional systems is impractical and thereby lowering development and housing costs; and providing a stable environmental character compatible with surrounding areas.

Among other development scenarios, this district is intended to permit development with mixed uses in a single building or in one or more buildings within a development area. For example, a development might include a three-story building(s), with commercial uses on the first floor and residential uses on the second and third floors. Various combinations and scenarios are possible.

2.

Permitted uses: The uses permitted within this district shall include the following:

a.

Residential units, including single-family attached and detached dwellings, two-family dwellings and multiple-family dwellings.

b.

Churches, schools, community or club buildings and similar public and semi-public facilities.

c.

Non-residential uses, including commercial or retail uses; offices, clinics and professional uses.

d.

There is no minimum requirement regarding the mix of land uses within the development site, but a mix of residential and non-residential is encouraged. If there is no residential component to a proposed mixed use development, the applicant shall be required to justify why the development could not be permitted under the C-1 or C-2 zoning district regulations. To accept or reject such justification is a policy decision of the town council and shall be based on the council's determination as to the best interests of the town.

3.

PMDD processing, procedures, requirements and restrictions: Except as hereinbelow provided, all procedures, requirements, processes, definitions and restrictions described for PUDs in subparts B, C, and D, above apply to PMDD applications, plans and consideration for approval.

F.

Additional development standards for planned mixed use developments:

1.

The development parcel shall have a minimum frontage width of 100 feet on a public roadway to be considered for planned mixed development.

2.

Density/Intensity: The maximum density allowed in any PMDD shall not exceed 20 units per gross acre and the maximum intensity shall not exceed a 1.92 floor area ratio.

3.

common open spaces: At least 15 percent of the area covered by a final development plan shall be usable, common open space owned and operated by the developer or dedicated to a property owner's association or similar group. Landscaped areas are encouraged and count toward the 15% threshold.

4.

The preliminary and final development plans shall include a signage plan for the commercial uses that may locate in the PMDD.

(LDC Ord. of 1-9-2014)