§ 16-109. Planned Development District (PDD).

(a)

Intent and purpose of district. The purpose of this district is to promote and regulate the planned development of large projects, by allowing greater freedom of design, by improving the opportunity for flexibility, creativity and innovation in land development, by limiting the expenditure of public funds, and by achieving the intent of land use regulations. Specifically, this district shall:

(1)

Allow diversification of uses, structures, and open spaces when not in conflict with existing and permitted land uses on abutting properties.

(2)

Reduce improvement costs through a more efficient use of land and a smaller network of utilities and streets than is possible through the application of standards contained in conventional land development regulations.

(3)

Conserve the natural amenities of land by encouraging the preservation of environmentally significant, scenic or functional open space.

(4)

Provide the maximum opportunity for the application of innovative site planning concepts to the creation of aesthetically pleasing environments for living, shopping, and working on properties of adequate size, shape and location.

(5)

Ensure that development will occur according to the land use, site design, population density, building coverage, improvement standards, and construction phasing as authorized through the approval of a PDD master plan.

(6)

Provide the city commission a greater opportunity to enforce the goals, objectives and policies of the Comprehensive Plan on site-specific projects.

(7)

Ensure that concurrent development of all uses will occur as the project is developed, so that the presumed synergy of the mixed uses will be achieved.

(8)

Provide for other limitations, restrictions and requirements as deemed necessary.

(9)

To reduce the effects of natural disasters and to promote safer environments through strategic urban design.

(b)

Unified control.

(1)

All land included for the purpose of development within a PDD shall be under the control of the applicant (an individual, partnership or corporation, or group of individuals, partnerships or corporations). The applicant shall present satisfactory legal documents (such as a declaration of covenants) to constitute evidence of the unified control of the entire area within the proposed PDD. This subsection and subsection (2) (c) below shall not apply if the application property is contained within an approved development of regional impact (DRI).

(2)

The applicant shall agree in the application for rezoning to the following:

a.

To proceed with the proposed development according to the provisions of these regulations, conditions attached to the rezoning of the land to PDD, the approved PDD master plan, and the adopted DRI development order (for DRI projects only).

b.

To provide agreements, contracts, covenants, deed restrictions, and sureties, as necessary, acceptable to the city for completion of the development according to the plans approved at the time of rezoning to PDD 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;

c.

To bind their successors in title to any commitments made under the above. All agreements and evidence of unified control shall be examined by staff, and no rezoning of land to PDD classification shall be adopted without a certification by the director of community development, or his/her designee, and the city attorney that such agreements and evidence of unified control meet the requirements of these regulations; and

d.

If the applicant elects to maintain common open space through an association or nonprofit corporation, said organization shall conform to the applicable laws of the State of Florida.

(c)

Permitted uses and density.

(1)

The Planned Development District (PDD) is intended to allow planned mixed use projects, provided that:

a.

Such uses are allowed by the City's Comprehensive Plan;

b.

The number of residential units shall not exceed the maximum allowed gross density determined by the underlying land uses as shown on the adopted future land use map; and,

c.

The combining of uses shall be subjected to review for compatibility and location of uses.

(2)

The following uses shall be prohibited in the PDD:

Ambulance service

Amusement recreation enterprises (outdoor)

Animal grooming

Automobile and boat sales, service and rental

Automobile parts as an accessory use

Automobile washing establishments

Batting cages and similar facilities, indoor and outdoor

Boat storage establishments

Building material sales

Drug store

Escort service

Food storage lockers

Funeral homes and crematoriums

Furniture and domestic equipment rental establishments

Furniture reupholstering, repair and stripping

Go-cart racing, indoor and outdoor

Golf courses, miniature, indoor and outdoor

Golf driving range, indoor and outdoor

Greenhouses

Gun clubs and shooting galleries

Laundry and cleaning establishments that serve primarily institutional customers or facilities that serve other laundry and cleaning establishments

Laundry, coin-operated

Massage service

Medical marijuana dispensary

Mobile home sales and rentals

Pawnshops

Public baths

Recreation vehicle parks and sales and service establishments

Regulated uses

Repair shops primarily providing repair for household goods and primarily dealing directly with the public

Schools (K through 12th grade)

Single-family units

Skating rinks (outdoor)

Self storage establishments

Tattoo parlors

Taxidermists

Trailer sales and rental establishments

Upholstering, cloth and canvas products fabrication, including the fabrication of slipcovers, awnings and similar products

(d)

Development regulations.

(1)

Minimum site area. Ten (10) acres of contiguous land area.

(2)

Perimeter development requirement. No housing type, use, setback, height, and coverage requirements are established. However, existing residentially zoned property adjacent to the perimeter of the PDD shall be protected by setbacks, landscaping, minimum ten-foot high decorative walls, and other buffers to be established as part of the PDD master plan.

(3)

Internal development requirement.

a.

No minimum lot sizes shall be required.

b.

No minimum distance between on-site structures shall be required.

c.

No minimum yard setbacks shall be required.

(4)

Off-street parking. Because of the unique land uses and design characteristics of projects zoned PDD, the minimum parking space requirement and design shall be determined on a project basis, however, parking facilities shall adhere to the following guidelines:

a.

Parking lot layout, landscaping, buffering and screening shall minimize direct views of parked vehicles from major streets.

b.

The interior of all parking lots shall be landscaped to provide shade and visual relief.

c.

Parking lot layout shall take into consideration pedestrian circulation and pedestrian crosswalks shall be provided where necessary and appropriate.

d.

The applicant may propose parking that does not meet minimum code requirements, in which case the applicant shall submit a parking study, prepared by a registered traffic engineer. At a minimum, the parking study shall include the number of proposed parking spaces, public transit ridership statistics, and justification for any deviations from the requirements of Article VII of this Code for off-street parking and loading. The study shall be reviewed and approved by the director of community development or his/her designee.

e.

Bicycle parking spaces shall be provided throughout the site.

(5)

Landscaping and buffering. Landscaping shall meet all the requirements of Article VIII of the Land Development Code. Modification of the Land Development Code may be requested in the PDD rezoning application and must obtain approval from the city commission. These modifications must be explicitly listed in the development agreement (section 16-109(e) below) and the PDD master plan.

(6)

Underground utilities. All on-site utilities shall be installed underground. Large transformers shall be placed on the ground within pad mounts, enclosures or vaults. The developer shall provide adequate landscaping to screen all above ground facilities in a manner not inconsistent with the requirements of the applicable utility provider.

(7)

Accessibility.

a.

Every residential unit or permitted use shall have direct access to a public street via private road, easement or area dedicated or reserved for public use.

b.

To provide for interconnectivity between individual developments, the PDD must provide logical connections within the development and to surrounding properties. If the surrounding properties are vacant, then the project shall contain viable road and/or pedestrian stub-outs to adjacent properties in anticipation of future developments.

c.

If the development abuts a city park and/or planned linear park, the PDD must provide for a viable and logical connection to the park.

(8)

Common open space requirements. A minimum of fifteen (15) percent of the total project area shall be established and maintained as common open space or common facilities. Lakes, lagoons, or other water bodies shall not count for more than fifty (50) percent of the open space requirement. All minimum open space requirements shall be pursuant to the underlying land use designation. In recognition of the urbanized character of this district, the common open space requirement may be met by inclusion of public plazas, outdoor seating areas, arcades, rooftop gardens, courtyards, and other similar features. No areas shall be accepted as common open space unless it satisfies the following standards:

a.

Common open space shall be usable by residents and persons employed in the PDD.

b.

Common open space shall be suitably improved for its intended use. Such use may include aesthetic, amenity, buffering or recreational purposes, or the preservation of natural resources, natural features or habitats.

c.

Common open space set aside for the preservation of natural features or habitats, or for buffering purposes shall remain undisturbed and be protected by conservation easements.

d.

The location, shape, size and character of common open space shall be depicted or otherwise described on the PDD master plan.

e.

All designated common open spaces shall be preserved by one (1) or more of the following methods:

a.

Conveyance to a property owner, condominium association, or a nonprofit corporation; or

b.

Retention of ownership, control and maintenance by the developer.

(9)

Minimum floor area requirements. The minimum floor area per dwelling unit shall be as follows:

Efficiency unit	700 Square Feet
One bedroom multifamily, two-family, townhouse, villa	850 Square Feet
Two bedroom multifamily, two-family, townhouse, villa	1,000 Square Feet
Each additional bedroom (multifamily, two-family, townhouse, villa)	175 Square Feet

 

(10)

Coordination with Broward County Transit. The applicant shall coordinate with Broward County Transit and the City of Sunrise to provide the necessary infrastructure for improvements to accommodate future public transportation.

(11)

Coordination with City of Sunrise Police Department. The applicant shall coordinate with the City of Sunrise Police Department and implement crime prevention and enhanced safety within the project.

(12)

Design guidelines. The applicant shall comply with the design guidelines adopted concurrently with the PDD master plan approval.

(13)

Supplemental regulations for a PDD.

a.

A developer seeking to rezone land to a PDD district may submit with the rezoning application proposed supplemental regulations for the PDD, to be included in a development agreement. Such submittal shall identify each provision of the proposed supplemental regulations that is in conflict with the PDD development regulations as provided in subsection (d) above.

b.

If approved as part of the PDD rezoning, the supplemental regulations shall supersede the provisions of subsection (d) above regulating the PDD to the extent of any conflict. Any development matter not expressly addressed in the supplemental regulations shall continue to be subject to the Land Development Code. Any questions regarding the existence of a conflict shall be determined by the director of community development or his/her designee. The director's determination shall be final.

(14)

Compliance with regulations in effect at the time of development. Unless otherwise specifically described within the development agreement, final development plans and development permits for uses/structures within the PDD shall comply with regulations, ordinances and resolutions in effect at the time of PDD master plan approval. If there are no prevailing regulations, the director of community development or his/her designee shall reserve the right to make final determination on any site design regulation. This provision shall be included in the development agreement.

(e)

Submittal documents. Upon application for rezoning to the PDD district, the applicant shall provide a Development Agreement in compliance with F.S. §§ 163.3220—163.3243, and a PDD master plan. The PDD master plan shall include the following information:

(1)

Delineation of the geographical area covered by the entire development.

(2)

A full legal description of the property with attached copies of any instruments referred to (deeds, plats, covenants or restrictions etc.), and including the total area of the site in acres and square feet.

(3)

General schematic representation of the land uses included within the development.

(4)

A statement as to how the proposed project conforms to all aspects of the city's adopted Comprehensive Plan, including a detailed statement addressing conformance with the land use category applicable to the development (and any required mix of uses, height, floor area ratio, or other standards as specified in the Comprehensive Plan).

(5)

Approximate delineation of internal circulation, with hierarchical classification of streets.

(6)

Points of connection of the local streets or internal collector drives to the public roadways, including necessary improvements to the public roadways to accommodate the local trips generated by the proposed development.

(7)

Plans showing the location and dimensions of all proposed land uses, including the number of stories per building;; building setbacks from perimeter boundaries and from public right-of-way; a proposed traffic circulation plan showing the location and dimensions or all streets, driveways, walkways, bikeways, parking spaces, and loading areas; and proposed common elements including utilities, open spaces and recreation areas.

(8)

General location and size of any community facilities, such as parks, schools, fire stations, community centers, etc., proposed to be included within the development.

(9)

A plan showing proposed improvement of common spaces, together with a statement of the provisions, restrictions and conditions anticipated for the use, maintenance, and operation of these common elements.

(10)

Tables showing land use and density, including:

a.

Proposed uses by acreage;

b.

Total dwelling units by type, size and number of bedrooms;

c.

Gross residential density, computed as defined in section 16-277.

d.

Gross floor area devoted to business or other nonresidential uses; and,

e.

Proposed floor area ratio (FAR) for the combined nonresidential development.

(11)

A statement as to the percentage of the development site to be covered with buildings, sidewalks, parking areas, roofed structures, and other impervious surfaces; percentage of the site to be covered with water; percentage of the site to be landscaped; and percentage of the site to be left in a natural or undisturbed condition.

(12)

A tree survey per section 16-172 and information on existing native vegetation and any other natural features found within the proposed development.

(13)

Schematic depiction of surface water management elements, including, but not limited to, retention facilities, drainage easements and swales showing the approximate size of retention areas, methods of pollutants removal, conceptual locations of berms, swales, culverts and sewers, anticipated finished grades, and proposed slopes and grades adjacent to bodies of water.

(14)

Schematic depiction of the water and wastewater treatment facilities and/or source of public water and wastewater disposal facilities; general distribution and collection plans within the proposed development, including easements for utilities.

(15)

Entrance features and perimeter landscaping design.

(16)

A statement, when applicable, as to the sequence of construction by phases, and the approximate completion date for each phase.

(17)

A perspective rendering of the project showing roads, water features, landscaping, buildings and any other features deemed pertinent by the director of community development or his/her designee.

(18)

A traffic impact analysis or documented evidence that vehicular trips are vested.

(19)

Design guidelines, including transit shelters to provide safe and comfortable service and encourage transit usage, and pedestrian and bicycle paths and greenways to accomplish fully-connected routes to all destinations within the development. The paths should be spatially defined by buildings, trees, and lighting and should incorporate designs which discourage high-speed traffic.

(20)

Any other information deemed necessary by the director of community development or his/her designee or the city commission.

(f)

PDD master plan approval procedure. A PDD master plan shall be required of developments requesting rezoning to PDD.

(1)

Procedures. The site plan review procedures contained in section 16-31 shall apply, but the master plan requirements of section 16-39 shall not apply.

(2)

Criteria for approval. The city will consider the ability of the proposed plan to conform with applicable technical requirements of this code, including concurrency. In addition, an evaluation will be made as to whether the proposed development and its phasing is consistent with the surrounding area and the city as a whole, based on information submitted by the applicant in subsection (d) above.

(3)

Progress reports. The applicant or its successor in interest shall submit annual progress reports to the director of community development or his/her designee.

(4)

Effective period of approval. Approval of a rezoning to PDD as provided herein and of its PDD master plan shall be effective for a period of eighteen (18) months. Unless construction of some phase of the approved project is commenced on or before the last day of the eighteenth month following the date of approval, then said approval shall expire. Approval of a PDD shall remain effective while development activity continues on the project as defined by permitting and inspection procedures. The city commission may extend this period for one (1) year for good cause. Thereafter, the applicant shall reapply for rezoning and PDD master plan approval.

(g)

Conformance to approved PDD master plan for multi-phase projects.

(1)

After rezoning to PDD district, no building permit shall be issued by the city, and no development shall commence for a multi-phase project unless in conformance with the approved PDD master plan, and unless a change or deviation is approved by city commission. However, where such a project is located within a development of regional impact, the requirements of Chapter 380, F.S. and Rule 9J-2, F.A.C. must be followed regarding any changes.

(2)

The director of community development or his/her designee may, at the request of the owner, without requiring a new application, authorize minor changes to an approved PDD master plan that pertain to location, types and configuration of buildings, landscaping, and similar changes when the full character and intent of the approved PDD master plan is not violated.

(3)

The director of community development or his/her designee may determine that requested changes and deviations from an approved PDD master plan constitute a substantial alteration to the character of the development, and therefore require approval by the city commission.

(Ord. No. 402-08-D, § 2, 12-9-08; Ord. No. 402-09-G, § 11, 11-24-09; Ord. No. 402-14-E, § 3, 2-11-14; Ord. No. 402-16-A, § 10, 1-12-16; Ord. No. 402-18-C, § 4, 7-10-18)