§ 62-1466. Same—Land use regulations.

(a)

Minimum and maximum size. The minimum size for a RPUD shall be seven acres. The maximum size for a RPUD shall be 100 acres. Applicants who choose to design an RPUD of less than 15 acres shall submit a RPUD development plan with their RPUD zone change application for review by the board of county commissioners.

(b)

Maximum density. The maximum residential density permitted in each RPUD shall be limited by the maximum residential densities assigned to properties located in the individual Residential and Agricultural Future Land Use Categories found in the Brevard County Comprehensive Plan Policies and on the Future Land Use Map, as amended by the board of county commissioners. The Comprehensive Plan policies permit residential density bonuses for use of the planned unit development concepts. The overall number of dwelling units permitted in the RPUD may be allocated to a particular portion of the site area provided the RPUD development plan proposes clustering of development to: create more usable or larger areas of open space, interconnect open space corridors, conserve sensitive native upland & wetland habitats, or conserve valuable farmlands.

(c)

Minimum common recreation and common open space. A portion of the gross site acreage shall be delineated as tracts for common recreation and open space based upon the mixture of residential uses in the RPUD according to the following schedule:

	Percent
Multifamily	30%
Single-family lots, or with multiple-family mix.	20%

 

(1)

Only one-third of the total 30 percent or 20 percent required common recreation and open space shall be used for stormwater management and treatment facilities required by local or state regulations. These water management facilities shall be site amenities, and designed to: provide for potential fire protection, landscape irrigation, passive recreation, and provide for limited wildlife habitat with shallow littoral shelves, and shall not be enclosed by metal cyclone fences and barb wire, or by fences or walls of solid metal, wood, brick, stone, plastic, or cement. These items shall all be shown in general detail on the RPUD Development Plan. They shall be shown in greater design detail on final engineered RPUD Development Plans, or stages and tracts thereof. Stormwater facilities located within active agricultural use areas may be fenced.

(2)

Internal continuous greenways, first preserving existing native vegetation, or secondly, utilizing thinned, trimmed, planted, or transplanted native vegetation clusters, shall be designed throughout the RPUD within the common open space areas and shown on the RPUD development plan. They may be used for walkways, recreational pathways, bicycle paths, wildlife corridors, fire breaks, or fire roads and shall physically link to all facilities in the project. Greenways which function as wildlife corridors utilizing existing, non-cleared and grubbed, native vegetation shall connect wetlands, preserved uplands, stormwater management ponds and swales, or other viable wildlife habitat internal and external (contiguous) to the RPUD.

(3)

A minimum one percent of the required common open space shall be designed as flat, grass-turfed, and irrigated area of not less than 15,000 square feet for use as active recreation areas. Impervious playing courts may be placed adjacent to these areas. These facilities shall be integrated throughout the residential planned unit development to provide for a physically linked recreational/open space system. Physical linkages shall include a combination of pedestrian ways, sidewalks, bikeways, and multi-purpose trails.

In addition to the above the allocation of common recreation and open space facilities shall be determined utilizing the definition of the term "usable common open space" in section 62-1102. If there is conflicting language or criteria the RPUD terms shall prevail.

(d)

Minimum lot area, frontage and setbacks; accessory uses.

(1)

The minimum lot size for detached single-family structures shall be an area not less than 4000 square feet and having a width of not less than 40 feet. Applicants who choose to design with lot sizes of less than 5000 square feet and a width of less than 50 feet shall submit a RPUD development plan with their RPUD zone change application for review by the board of county commissioners. The minimum lot size requirement may be waived by the board of county commissioners if the proposed lot or lots all have substantial relationship to the common open space (e.g., are directly adjacent to or abut a common open space area) and the arrangement of dwelling units provide for adequate separation of units, and the living area of the dwelling unit or units is properly related to the configuration of the proposed lots, and the design and location of units is consistent with state and local fire and building codes. This type of waiver request will be determined after submission of a RPUD development plan and application to the board of county commissioners. A combination of lot sizes are encouraged in the design of a RPUD project. IMPORTANT: For single family detached lots proposed in a RPUD under this ordinance that abut already developed single family lot subdivisions, or legally approved residential single family lot subdivisions not yet built but on file in the county land records, see subsection (d)(13) below.

(2)

Each dwelling unit or other permitted use shall have access to a public street, either directly or indirectly, via an approach private road, pedestrian way, court, lane, or alley, or other area dedicated to public or private use or common easement guaranteeing access. Permitted uses are not required to front on a publicly dedicated road. The county shall be allowed access on privately owned roads, lanes, alleys, easements and common open space to ensure the police and fire protection of the area to meet emergency needs, to conduct county services, and to generally ensure the health and safety of the residents of the RPUD.

(3)

Setbacks and minimum distances between structures are as follows:

a.

Single-family detached structures shall be set back not less than five feet from the side lot lines. Single-family detached structures shall be set back not less than 20 feet from the rear lot line. Screened porches may be set back not less than ten feet. On a corner lot, the side street setback shall be not less than 10 feet. However, if a corner lot is contiguous to a key lot, then the side setback shall be in accordance with the front setback provided in subsection (d)(4) of this section. The county staff, as designated by the county manager, may allow the reduction of the required side setbacks and the distances between structures provided that proposed structures do not abut utility easements or otherwise affect the ability to provide and maintain utility service and adequate fire protection to each lot.

b.

Separation between structures of two stories and less than 35 feet in height shall be 10 feet.

c.

Separation between structures of three stories and less than 35 feet in height shall be 15 feet.

d.

Between structures of varying heights, the larger distance separation shall be required.

(4)

Except for single-family detached structures, setbacks required between the nearest part of any building wall and the edge of any public right-of-way or private street pavement shall be 10 feet. For single-family detached structures on local public streets, the front setback shall be a minimum of 10 feet, except that a solid roofed open front porch, without habitable floor space above, attached to the residence, may be set back a minimum of 5 feet if a sidewalk of a minimum of six feet in width is provided between the paved street edge and the front lot line. On local private streets, the single-family detached structure shall be set back a minimum of 10 feet from the pavement edge of the private local street, except that a solid roofed open front porch, without habitable floor space above, may be set back a minimum of 5 feet from the pavement edge if a sidewalk of a minimum of six feet in width is provided between the paved street edge and the front lot line. A minimum 25-foot setback shall be maintained between the wall of any structure and the property line along the perimeter of the PUD.

(5)

On property bordering the ocean, a minimum of 30 percent of the ocean frontage shall be left open as breezeway/visual corridor. On property bordering a river, a minimum of 30 percent of the river frontage shall be left open as breezeway/visual corridor.

(6)

On property bordering the ocean, setbacks from the ocean on oceanfront property shall be governed by the provisions of article XII of this chapter.

(7)

Accessory structures shall be located behind the front building line of the principal structure. Accessory structures shall be set back not less than five feet from the side and rear lot lines. On a corner lot, the side street setback shall be not less than 15 feet; however, if a corner lot is contiguous to a key lot, then the side setback shall be in accordance with the front setback provided in subsection (4), above. Also, see subsection (4) above for setback requirements on RPUD perimeter lots.

(8)

Garages, carports, or garage doors on primary or accessory structures are recommended not to face the street or main access drive. They are recommended to front or face on side and rear yards and have access from rear drives or rear alleys. When units with garages, carports, or garage doors front, and have access from the front lot line, street or main access road it is recommended that the garages, garage doors, and carports be located as attached structures to a primary structure, and be located behind the front building line of the primary structure by 12 feet. Detached garage structures and carports are recommended to be located behind the rear building line of the primary structure when facing the street or front lot line. Single-family lots with front yard or street access are recommended to have at least one side yard of 10 to 12 feet to allow for adequate drive way width and on site parking access.

(9)

Nonresidential tracts shall be subject to the same development standards, with exceptions for building setbacks as provided in sections 62-1461—62-1470, as are found in the BU-1-A, BU-1, zoning classifications under the Neighborhood Commercial NC Future Land Use Category, unless waivers are granted for standards consistent with sections 62-2849, 62-2881, and 62-2956 of the land development regulations. The residential building setbacks listed above in subsection (4) may apply to the primary structures for proposed non-residential, or mixed use residential structures, as permitted by the RPUD within the (NC) nodes.

(10)

Non-residential structures and uses in the RPUD shall be setback 150 feet from any existing residential uses, or single family lots in a legally approved residential subdivision filed on the county land records, that directly abut the proposed RPUD. The preservation or planting of an adequate vegetated buffer within the 150 foot setback to protect abutting land uses shall be required consistent with the county landscaping ordinance in sections 62-4331 through 62-4336. A setback of less than 150 feet may be permitted provided that the applicant graphically demonstrates on a site plan presented to the board of county commissioners for approval during the RPUD rezoning process, or the administrative development plan review process, that any proposed combination of supplemental landscaping, structure designs, fences, walls, and earthen berms will buffer and ensure compatibility with existing and future land uses that abut the land proposed for RPUD zoning and development.

(11)

The non-residential, and, or mixed use structures and their proposed uses are encouraged to be the physical, social, architectural, and visual focal points of the RPUD and shall be located at the interior, central edge, or interior corner crossroads of the RPUD in (NC) node(s) and shall be physically linked by a combination of, native tree shaded, hard surfaced pedestrian ways, sidewalks, bikeways, or multi-purpose trails. The development plan shall show the physical and spatial relationship between the non-residential uses and residential uses, and the above-required pedestrian and bikeway linkages. In the absence of a non-residential use, or node, a park, green, or tree shaded courtyard of a minimum 15,000 square shall be located and designed as required above. The development plan shall show the physical and spatial relationship between the park, green, or tree shaded courtyard and residential uses, and the above required pedestrian and bikeway linkages. The park, green, or courtyard may be counted as common open space.

(12)

Proposed attached multi-family dwellings in a RPUD shall be setback 150 feet from any existing residential single family lots in a legally approved residential subdivision filed on the county land records, that directly abut the proposed RPUD. The preservation or planting of an adequate vegetated buffer within the 150 foot setback to protect abutting land uses shall be required consistent with sections 62-4331 through 62-4336. A setback of less than 150 feet may be permitted provided that the applicant graphically demonstrates on a site plan presented to the board of county commissioners for approval during the RPUD rezoning process, or the administrative development plan review process, that any proposed combination of supplemental landscaping, structure designs, fences, walls, and earthen berms will buffer and ensure compatibility with existing and future land uses that abut the land proposed for RPUD zoning and development.

(13)

Single-family lots proposed in the RPUD, that directly abut an existing single family subdivision, or legally approved, but not yet constructed, single family residential subdivision filed on the county land records shall be designed as follows. Each lot on the perimeter of the RPUD in this scenario shall specifically mirror the lot size, depth, width, and density of the abutting subdivision lots. The primary structures on the perimeter RPUD lots shall have the same average building heights and building footprint as those found on the existing residential lots that abut the RPUD and shall be designed, constructed, and used or occupied as single family residential units. Exemptions for all, or a portion, of these requirements may be permitted provided that the applicant graphically demonstrates on a scaled site plan presented to the board of county commissioners for approval during the RPUD rezoning process, or the administrative development plan review process, that any proposed combination of supplemental landscaping, structure designs, fences, walls, and earthen berms will buffer and ensure compatibility with existing and future land uses that abut the land proposed for RPUD zoning and development.

(e)

Maximum height of structures.

(1)

Where the property abuts any other land designated for single-family residential use or zoned for such use on the RPUD development plan, the maximum height shall be 35 feet, or as required for RPUD perimeter lots in subsection (d)(13) above.

(2)

Where the property abuts any other land designated for attached single-family or multifamily residential use or institutional use or zoned for such uses on the PUD or final development plan, the maximum height shall be 35 feet.

(f)

Minimum floor area per unit.

(1)

Single-family dwellings, attached or detached: 800 square feet unless waived by the board of county commissioners.

(2)

Duplex: 700 square feet per unit.

(3)

Multifamily dwellings:

a. Efficiency ..... 400 square feet.

b. One bedroom ..... 450 square feet.

c. Two bedrooms ..... 700 square feet.

d. Three bedrooms ..... 850 square feet.

(4)

The internal design of the structure shall be compatible with the lot and adjacent single-family dwellings.

(g)

RPUD Parking requirements. Where the planned unit development consists of single-family detached dwellings on platted lots of less than 6,600 square feet the developer shall provide an adequate designated common area for the parking of campers, travel trailers, recreational trailers and vehicles, boats and boat trailers, and other similar vehicles on the RPUD development plan.

(1)

Creative parking scenarios for autos, bicycles, motorcycles, and scooters for non-residential and mixed uses are encouraged and may include on street parking and onsite and offsite shared parking provided they are consistent with applicable criteria in section 62-3206.

(2)

For non-residential and mixed uses developers and designers may reduce required onsite parking requirements of the land development code for reduced drive aisle widths, number of parking spaces, and space size requirements provided on street parking or other creative parking scenarios are provided with supporting parking calculations, and are consistent with the applicable criteria in section 62-3206.

(3)

Parking lot facilities for these non-residential and mixed uses shall be planted with native shade tree species of at least 4 inches in caliper around the full perimeter of, and in the center, or end, aisle islands of the lot. The trees shall be planted at 20-foot intervals in the interior landscape islands or perimeter planting beds that are 12 feet in width or more. Interior or end aisle landscape islands shall be no less than 40 feet in length and 12 feet wide. Sidewalks or pedestrian ways from these lots to primary structures shall be designed and located within these shade corridors. Optional designs incorporating 20 foot by 20 foot landscape islands may be used for large shade tree plantings.

(4)

Onsite parking lot facilities for non-residential and mixed uses shall be located within rear and side yards only, including corner lots.

(h)

Underground utilities. Within the RPUD, all utilities, including telephone, television cable, fiber optic cable, and electrical systems, shall be installed underground. Primary facilities providing service to the site of the RPUD may be exempted from this requirement. Large transformers shall be placed on the ground and contained within pad mounts, enclosures or vaults. The developer must provide landscaping with native shrubs and plants to screen all utility facilities permitted aboveground. Substations shall be screened by native trees and shrubs or walls resembling a structure which is compatible with the design of the buildings within the RPUD.

(i)

Development standards. The minimum construction requirements for streets or roads, sidewalks, sewer facilities, utilities and drainage shall be in compliance with the requirements of article VII of this chapter, pertaining to subdivisions. Traffic calming techniques or devices for local streets are encouraged in the RPUD. These potential techniques and devices are listed in the table below. The final design requirements with respect to streets, rights-of-way, sidewalks and drainage in the RPUD may be waived by the county staff, as designated by the county manager, provided they are consistent with the criteria in sections 62-2849, 62-2881, and 62-2956.

Applicants and their professional engineers licensed in the State of Florida are encouraged, but not required, to utilize other national, statewide and regionally accepted development standards in RPUD's that improve vehicle, pedestrian, and bicycle safety, encourage pedestrian and bicycle travel trips, and reduce impervious pavement coverage. Especially, in the design and, or, application of streets, roadways, alleys, block lengths, interconnected street grid patterns, T-intersections, loops, indirect through streets, turning radii, traffic calming devices, on street parking, sidewalks, multi-purpose bicycle and pedestrian ways, bicycle and scooter parking, right-of-way design, setbacks for solid roofed front yard porches, and front yard setbacks. See table below for examples. These are not mandated by Brevard County ordinances and their use is voluntary, and all must be designed by a professional engineer licensed in the State of Florida.

Voluntary design and application of these techniques may result in the future development within the RPUD being eligible for a reduction credit from the transportation impact fee requirement of this Code, provided the applicant successfully requests such a reduction consistent with the requirements of section 62-809, and subsection (b), of the County Code regarding impact fees.

Potential local access streets & alleys:

Two-way street, total pavement width ..... 22' to 18'

One-way street, total pavement width ..... 14' to 10'

Alley, total pavement width ..... 12' to 10'

Potential traffic calming techniques or devices:

•Slow points

•Raised crosswalks

•Rumble strips

•Chicanes/staggering

•Speed humps (not the traditional method of raised asphalt, or plastic bumps, placed in narrow strips)

•Speed table or plateau

•Intersection hump

•Diagonal closure

•Medians

•Gateway treatments

•Choker/nub/bulb out

•Diagonal diverter

•Low volume roundabouts (not the traditionally known rotary or traffic circle)

(Ord. No. 2000-61, § 7, 12-7-00)