§ 5.9.2. RPD residential planned development district.

5.9.2.1. Intent and purpose of district.

The purpose of the RPD district is to provide for orderly mixed-use development where the principal development type and pattern is residential in character.

5.9.2.2. Permitted uses.

Within any residential planned district the following uses shall be permitted:

1.

Single-family detached dwellings.

2.

Single-family attached dwellings with a maximum number of five units per building.

3.

Multiple-family dwellings, provided that efficiencies do not exceed 20 percent of any individual building.

4.

Recreational facilities and structures intended for the use of the residential planned district.

5.

Golf courses, which may be calculated as recreation space as is hereinafter required, provided the clubhouse and other structures are located over 150 feet from any dwelling structure.

6.

Off-street parking and garage facilities intended for the exclusive use of the residents of the residential planned district.

7.

Model dwelling units erected on the site pursuant to all applicable codes and ordinances of the city. In addition, all model dwelling units shall be subject to the following additional restrictions:

a.

Model dwelling units shall not be used for a period of longer than one year; however, the city council may grant an extension for a period not to exceed one year.

b.

The number of model dwelling units shall not exceed eight in number, and shall not be connected to water and sewer facilities until a plat of record has been provided for the subdivision area in which the models are located.

c.

One sales model may be used for a temporary real estate sales office by special use permit. Said permit shall include provisions for water and sanitary sewer connection; however, a certificate of occupancy, either for habitation or sale, shall not be issued until a final plat has been recorded for the subdivision.

d.

At least two off-street parking spaces per model unit shall be provided on the same lot as the model dwelling unit or on contiguous lots, and shall be maintained as long as the model dwelling unit is used as such.

(Ord. No. 92-18, 4-20-93)

5.9.2.3. Conditional uses.

1.

Public/semipublic uses; ancillary nonresidential uses shall not exceed a maximum area of three acres. Such use or contiguous like uses in excess of this threshold shall require a plan amendment.

2.

Marinas which provide launching, docking for the sole use by the residents.

3.

Places of worship.

4.

School (public or private). Kindergarten through 12th grade, defined as any building or group of buildings, the use of which meets State of Florida requirements for primary or secondary education, provided they are located on a minimum of five acres.

(Ord. No. 92-18, 4-20-93)

5.9.2.4. Building height regulations.

Maximum building height: 35 feet.

No structure shall exceed a height of 35 feet unless special permission is granted by the city council for increased height up to a maximum of 80 feet. For each additional foot of building height in excess of 35 feet, three additional feet of setback from property lines and separation from other buildings will be required. The city council shall authorize increased height on buildings in this zone only if it makes a determination that the denial of such request will work an undue hardship on the applicant and that the abutting property owners or other affected persons in the neighborhood will not be adversely affected in any way whatsoever by such increased building height.

5.9.2.5. General requirements.

1.

Maximum land coverage. The maximum area of land coverage by all structures shall not exceed 40 percent of the gross site area.

2.

Minimum open space. The minimum open space required shall not be less than 40 percent of the gross site area and shall [sic] land area not covered by buildings, parking structures or accessory structures, except recreational structures; land which is accessible and available to all occupants of dwelling units for those whose space is intended.

Open space, under the provisions of this section, shall not include proposed or existing street rights-of-way; open parking areas and driveways for dwellings; land which has been or is to be conveyed to a public agency for public use via a purchase agreement or dedication for schools, parks, community buildings, or other public facilities; commercial areas, and the buildings, accessory buildings, parking and loading facilities for those commercial areas; land covered by impervious surface unless it is a parking area for the recreational use of the residents.

The minimum open space requirement may be reduced if:

a.

The proposed development consists of detached, conventionally constructed single-family dwelling lots.

b.

Within item (a) above, 15 percent of the total number of proposed lots substantially exceed the minimum lot size as required by this section.

c.

The proposal has unanimous approval by the technical review committee.

3.

Recreation area. Common recreation space shall be not less than 20 percent of the amount of usable area, including open space, permanently set aside and designated on the certified plan and final plat specifically for recreational use by the residents of the residential planned district. It is further required that a minimum of one-third of the space must be contained in one location.

Said requirement may be reduced if all conditions in section (b), above, have been satisfied and a payment in lieu of recreation facilities is paid as set forth in article X of this Code.

4.

Minimum living space per unit. Defined as the livable floor area, and which is habitable yearround of any structure internal to such structure, and measured in square feet. This does not include the exterior walls, garages, open porches, breezeways, terraces, stoops, carports, patios or other similar areas. In order to insure public notice as to minimum living area requirements in structures whose lots or parcels of an RPD project may be sold to third parties, the developer, coincidental with certified plan and final plat approval, will record deed restrictions in the public records of Pinellas County designating the minimum living area requirement for each lot or parcel that conforms to the above standards. The City of Oldsmar will be shown as a beneficial party with enforcement power on such deed restrictions on a form approved by the city attorney.

5.

Minimum required housing mixture. In order to insure that a mixture and variety and housing opportunities for different categories and types of people with varying income levels are available, and to encourage the development of any economically integrated, diversified and stable community appealing to a variety of housing needs, and to accomplish a more desirable living environment than would be possible by the consistent construction of substantially similar housing types, the following percentages of minimum housing mixtures, whether single-family detached/attached or multiple-family units, are permitted:

SINGLE-FAMILY DETACHED AND ATTACHED

Percentage of Single-Family Allowed in Housing Type	Minimum Living Area (square feet)	Total Project*
I	1,000—1,200	No more than 20%
II	1,201—1,400	No more than 20%
III	1,401—1,600	No less than 20%
IV	1,601+	No less than 40%

 

*Each specific housing type proposed for a project will be evaluated specifically for that housing type (i.e., percentages of multifamily units will be evaluated solely by this type).

MULTIFAMILY HOUSING

Percentage of Multiple-Family Allowed in Housing Type	Minimum Living Area (square feet)	Total Project*
I	500—800	No more than 10%
II	601—1,000	No more than 30%
III	1,001+	No less than 60%

 

In addition, no more than ten percent may be efficiency units.

*Each specific housing type proposed for a project will be evaluated specifically for that housing type (i.e., percentages of multifamily units will be evaluated solely by this type).

6.

The maximum permitted density shall not exceed that permitted by the future land use map designation as described in the comprehensive plan.

7.

All uses shall be consistent with the comprehensive plan. Where a proposed use is inconsistent with the comprehensive plan, a plan amendment shall be required prior to any approval of a project.

8.

Maximum allowable residential density, and impervious surface ratios and floor area ratios for nonresidential uses are provided for the RPD district to the future land use designation as follows:

Future Land Use  Use Category	Maximum FAR	Maximum ISR	Maximum Density in Dwelling Units/Acre
Residential rural	0.30	0.60	0.5
Residential estate	0.30	0.60	1.0
Residential low	0.40	0.65	5.0
Residential urban	0.40	0.65	7.5
Residential low medium	0.50	0.75	10.0
Residential medium	0.50	0.75	15.0
Residential/office general	0.50	0.75	15.0
Residential/office/retail	0.40	0.80	15.0

 

(Ord. No. 92-18, 4-20-93)

5.9.2.6. Building area requirements.

1.

Multifamily structures. All portions of RPD development which propose platting of multifamily attached dwellings shall require all platted lots to contain a minimum of ten feet of frontage on a permanent easement for access and having access to either a dedicated or perpetual common area which has been legally described and recorded as part of the plat. Any such easement shall be a minimum width of 24 feet. This provision shall not permit platting of multilevel (i.e., timeshare/interval ownership) condominium-type ownerships. No such platting shall be approved by the city until such time as a certified plan and plat for that portion of the development in question has been reviewed and recommended for approval by the city staff.

a.

Front yard. A minimum of 30 feet from any public right-of-way line to any structure. For any private street lying in an RPD district, setback shall be 50 feet from the centerline of pavement.

b.

Side yard. A minimum of 25 feet between structures and side lot lines, and for each story over one story an additional five feet between structures shall be required.

c.

Rear yard. A minimum of 25 feet measured from the rear property line to any structure, and for each story over one story an additional five feet between structures shall be required.

d.

Perimeter. A minimum of 35 feet shall be maintained between the outside walls of all structures and the perimeter of the RPD district.

2.

Single-family detached structures. All portions of RPD developments which propose single-family detached dwellings shall meet all applicable portions of this Land Development Code.

a.

Building site area requirements. Each lot to be developed as a single-family detached unit shall contain a minimum of 7,500 square feet and shall be a minimum of 75 feet in width at the front building setback line and a minimum of 100 feet in depth.

b.

Front yard. A minimum of 25 feet from any public right-of-way line to any structure. For any private street lying in an RPD district, setback shall be a minimum of 50 feet from the centerline of pavement.

c.

Side yard. A minimum of 7½ feet measured from the side lot line to any structure. On side streets the minimum setback shall be 25 feet from any public rights-of-way, or 50 feet from the centerline of pavement for private streets.

d.

Rear yard. A minimum of 20 feet measured from the rear property line to any structure, except that swimming pool structures may be no closer to the rear property line than ten feet, such distance to be measured from the edge of the pool decking.

3.

Zero lot line. Zero lot line single-family detached dwellings may be permitted subject to the following requirements:

a.

Front yard. A minimum of 25 feet from any public right-of-way to any structure. For any private street lying in an RPD district the front setback shall be a minimum of 50 feet from the centerline of pavement.

b.

Rear yard. A minimum of 20 feet measured from the rear property line to any structure, except that swimming pool structures may be no closer to the rear property line than ten feet, such distance to be measured from the edge of the pool decking.

c.

Side yards. Side yards shall be zero feet on one side and a minimum of 20 feet on the other side. Side yard of ten feet each side may be permitted provided 20 feet is maintained between structures.

d.

Maintenance easement. A maintenance easement of five feet shall be designated on the adjacent lot abutting the zero lot line boundary, and shall be recorded on the plat.

e.

Roofs or awnings. Shall not project into a maintenance easement.

f.

Identification. In a zero lot line subdivision, all lots shall identify the zero lot line boundary and building area on the certified plan and recorded plat.

4.

Single-family, attached. All portions of the RPD developments which propose single-family attached dwellings shall meet all portions of the City of Oldsmar land development regulations.

a.

[Front, side and rear yards.] Front yard, side yard and rear yard setbacks shall be identical to the setbacks for single-family detached structures.

b.

Building site area requirements. Each lot to be developed as a single-family attached unit shall contain a minimum of 5,000 square feet for each single-family unit occupying such lot or parcel.

5.9.2.7. Additional requirements.

1.

Access. Each dwelling unit or other permitted use shall have guaranteed access to a public street, either directly or indirectly, via a private approach road, pedestrian way, court or other area dedicated to public or private use or by common easement guaranteeing access. Permitted uses are not required to front on a dedicated right-of-way. The city shall be allowed access on privately owned roads, easements and common open space in order to insure the police and fire protection of the area, meet emergency needs, to conduct services, and to generally insure the health and safety of the residents of the residential planned development.

2.

Buffer zone. Where the RPD development abuts another residential district, a permanent open space at least 35 feet wide shall be provided along the property line, shall be maintained in landscaping, and no driveway or off-street parking shall be maintained in such area. No intensive recreation or commercial use shall be permitted within 150 feet of the boundary of any adjacent residential district.

3.

Compatibility zone. Within 150 feet of the exterior perimeter of any RPD development proposed uses, setbacks, height and lot coverage requirements shall be compatible with established development adjacent thereto.

4.

Garbage and refuse collection. In the RPD district, all refuse, trash and garbage containers shall be screened from sight or located in such a manner so as not to be visible from any street within or adjacent to the RPD district. In addition:

a.

Outdoor collection stations shall be provided for garbage and trash removal when individual collection is not made and indoor storage is not provided.

b.

Outdoor collection stations shall not be offensive and shall be enclosed by a fence or wall at least as high as the containers and in no case less than four feet.

c.

Access to indoor or outdoor collection stations shall be such that the removal vehicle need not make several unnecessary turning or backing movements.

5.

Bike paths. Bike paths are required for all RPD developments along all private and public roads and must be designed and constructed to meet the requirements of the Florida department of transportation (FDOT) Bicycle Facilities Planning and Design Manual.

6.

Public transportation. All RPD developments, wherever appropriate and feasible, shall be designed in such a manner as to promote the use of available public transportation by the residents, users and employees of the development. Measures such as the following should be employed by the applicant, wherever appropriate:

a.

Dedication of additional right-of-way for bus bays at approved transit stops;

b.

Installation of on- or off-site sheltered seating facilities for the convenience of waiting transit users; and

c.

Display of conveniently located on-premises route schedules and timetables.

Regarding the above, developer should contact both the Pinellas County school board transportation division and Pinellas Area Transit System (PATS).

7.

Pedestrian access. Pedestrian access shall be arranged so as to provide safe and convenient routes to and from the development. Pedestrian access routes within the development need not be adjacent to or in the vicinity of vehicular access routes. When public safety requires, pedestrian crossings at the perimeter of the development shall be marked and controlled and where pedestrians are exposed to substantial vehicular traffic, fencing or other similar barriers shall be erected to prevent crossing at other than designated points.

5.9.2.8. Development standards.

1.

Standards. Development standards shall be in accordance with all provisions of this Land Development Code.

2.

Development maintenance requirements. The developer shall provide for and establish a property owner's organization or other legal entity for the perpetual ownership and maintenance of any open space and other community facilities designated on the master development plan and certified plan, including pedestrian ways, play lots, landscaped open spaces, lakes, swimming pools, bathhouses, tennis courts, jogging paths, parking lots, utilities, drainage channels, retention and detention ponds, and roads for the exclusive use of the users of the development. Such organizations shall be created by covenants running with the land, and such covenants shall be included as part of the final plan or plat of each phase and subject to approval of the city council.

a.

In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after the establishment of a planned unit development district and residential planned development fails to maintain the common areas as previously defined above, in reasonable order and condition, and in accordance with the adopted master development plan, certified plan and final plat of development, the city may serve written notice upon such organization and/or the owners or residents of the residential planned development and hold a public hearing. If deficiencies of maintenance are not corrected within 30 days after such notice and hearing, the city shall call upon any public or private agency to maintain the common open space for a period of one year. When the city determines that the subject organization is not prepared or able to maintain the common open space, such public or private agency shall continue maintenance for yearly periods.

b.

The cost of such maintenance by such agency shall be assessed proportionately against the properties within the residential planned development which have a right of enjoyment of the common open space, and shall become a lien on said property.

c.

The provisions in subsections (a) and (b) above shall be inserted into the legal documents of the organization. Furthermore, the legal documents of the condominium, homeowners' organization, or any other legal entity shall be structured to serve the following purposes:

1.

To define what is owned and by whom, including the specific location and parameters of the individual units and the ownership interest in the common elements of the owners of the association or organization;

2.

To establish a system of interlocking relationships binding each owner to all other owners for the purpose of maintaining and preserving what is owned and used in common;

3.

To establish an array of protective standards or restrictions designed to establish limits and assure that a certain level of appearance is maintained;

4.

To create an administrative vehicle, the owners' association, to manage those elements shared in common and to enforce standards;

5.

To provide for the operation and financing of the association;

6.

To specify the process involved in effecting the transfer of control of the association and responsibility for the common elements from the developer to the unit owners collectively; and

7.

To set forth proper access and utility easements for the owners and the association.

d.

All common areas are to be properly defined in legal descriptions and must be consistent with the master development plan, certified plan, and final plat of the subdivision.

e.

The developer shall be required to provide to the city council appropriate information regarding the financial structure of the association to assure its capacity to meet its maintenance responsibility for the common areas; and to present a procedure for establishing association capital reserves for future repair of common area facilities or maintenance bond for such purpose.

f.

All condominium developments shall follow the provisions of F.S. ch. 718, as amended.

g.

The provisions in subsections (a) and (b) above shall be fully disclosed to all prospective purchasers together with description of all common areas, and the proposed monthly maintenance charge (if any) to be assessed against the individual purchasers.

h.

The developer shall disclose to prospective purchasers the current ownership of any landscaped or decorative entrance to the development, its present land use category, and the proposed future disposition.

3.

Guarantees. Infrastructure maintenance and construction guarantees shall be as defined in article IV of this Code.