§ 2.07.02. Requirements.

Section 2.07.02.1 Unified ownership.

All land within the PUD shall be under the ownership of the applicant whether that applicant be an individual, partnership or corporation, or groups of individuals, partnerships, or corporations. PUD applicants shall present firm evidence at the time of application of unified ownership of the entire area within the proposed PUD.

Section 2.07.02.2 Permitted uses and structures.

Single-family dwelling units;

Two-family dwelling units or duplexes;

Multiple-family dwelling units, townhouses, garden apartments, cluster housing units;

Parks, playgrounds, and other recreation facilities to serve residents of the project;

Semi-public clubs, community centers, and civic and social organizational facilities;

Public utility facility and structures;

Neighborhood commercial uses which are determined at the time of preliminary plan approval to be compatible with the existing and future development of nearby land.

Section 2.07.02.3 PUD density.

(1)

Maximum base density—The maximum base density permitted within a PUD shall be:

a.

Limited to the density shown on the Future Land Use Map and accompanying policies for the underlying land use plus any additional density bonuses that are authorized in the subsequent section and Policy A.1.1.3 of the Future Land Use Element, Flagler Beach Comprehensive Plan 2000.

b.

With bonuses, limited to fifteen (15) units per acre, except in high density PUDs which may have a maximum density up to thirty (30) units per acre provided that the development can be shown to have sufficient infrastructure to support such densities and, for the barrier island, provided that evacuation calculations prove that a development of such density will not diminish evacuation times.

(2)

Density bonuses—Density bonuses to a maximum of forty (40) percent of base density (limited by (1)b. above) may be granted upon concept plan approval using the following schedule:

Density Percent Over Base

a.

Up to 15—Extension of water/sewer lines.

b.

Up to 10—Redesign and replatting of previously recorded subdivisions.

c.

Up to 20—Preservation of agricultural lands.

d.

Up to 20—Preservation of environmentally sensitive lands or habitat associated with threatened or endangered species, when in excess of twenty (20) percent or the entire PUD parcel.

e.

Up to 10—Inclusion of low or moderate income housing units in accordance to requirements identified in the Comprehensive Plan Housing Element.

Section 2.07.02.4 Commercial activities.

(1)

Commercial activities permissible in a PUD shall be those designed and scaled to serve the needs and requirements of the PUD residents. Such commercial uses shall not be intended to serve the general needs of a surrounding area outside the PUD. PUD commercial use areas normally shall not be directly accessible from outside the PUD. When commercial activities are approved as part of a PUD, such commercial activities shall not commence operation until twenty-five (25) percent of the total project has been completed and certificates of occupancy issued therefor.

(2)

The number of commercial units must be in proportion to the number of residential units: One (1) commercial unit for every seventy-five (75) residential units.

(3)

The floor area of a commercial unit must be in proportion to the total acreage of the PUD: One thousand (1,000) square feet per ten (10) acres over and above the minimum of ten (10) acres required before a commercial use is permitted in a PUD.

(4)

The following uses will be allowed in a PUD which ranges in size from ten (10) to fifty (50) acres:

Self and quick service food stores;

Restaurants;

Salons;

Laundries;

Pharmacies;

Drug stores.

(5)

The following uses will be allowed in a PUD which has a land area of fifty (50) acres or greater:

Self and quick service food stores;

Gift and card shops;

Shoe store and shoe repair;

Men, women and children apparel;

Jewelry;

Sporting goods;

Bakery (non-manufacturing);

Restaurant;

Book and stationery;

Camera;

Art and music supplies;

Liquor store;

Ice cream shop;

Salons;

Laundries;

Hardware stores;

Gasoline stations;

Doctor's offices;

Dentist's offices;

Attorney's offices;

Accounting and bookkeeping offices;

Pharmacies;

Drug stores.

Section 2.07.02.5 Minimum parcel size.

A PUD shall contain ten (10) acres. A lesser minimum area may be approved if the city commission determines that the intent and purpose of these PUD regulations and expressed municipal development policy can be served in the particular case before the city commission.

Section 2.07.02.6 Minimum lot area and yard requirements.

No minimum lot size or yards shall be required within a PUD except that the front yard on dedicated public streets shall be the same as the front yard requirements for the low density residential district. Peripheral yards abutting the exterior units of the PUD boundary shall not be less than the requirements of the low density residential district. The city commission may require greater peripheral yards when it is determined that the proposed use may have adverse affects upon adjoining properties or prejudice development on adjoining properties.

Section 2.07.02.7 Design standards.

(1)

Sign and lettering requirements: Section 7.00.00, Signage.

(2)

Fences, walls and hedges: See Section 5.04.00, Landscaping/Trees.

(3)

All multifamily dwellings, condominiums and commercial structures shall provide enclosed areas for garbage containers and shall maintain the property so as to avoid scattering of litter from any source.

(4)

Maximum building height: Thirty-five (35) feet; however, heights of buildings near or along the perimeter of the project area shall be related to and consistent with building heights in adjoining districts.

(5)

Minimum floor area:

(a)

Single-family dwellings shall have a minimum of seven hundred fifty (750) square feet.

(b)

Multifamily dwellings shall have a minimum of five hundred fifty (550) square feet per dwelling unit excluding garage.

(6)

Setbacks: In order to provide protection for abutting single-family residential properties to the PUD, no building shall exceed the setbacks set forth herein:

(a)

A minimum of twenty-five (25) feet from the lot line of abutting single-family dwelling zoned land outside the boundaries of the PUD project shall be required.

(b)

The height for detached accessory buildings, including garages, shall not exceed one (1) story above ground.

(7)

Building location, setbacks and spacing:

(a)

Every structure shall be located to have access to a public, common or private street, court, walkway or other area.

(b)

Every structure shall be set back at least twenty (20) feet from the edge of the common or dedicated street rights-of-way and PUD project perimeter boundaries except as defined in paragraph (c) of this section.

(c)

Buildings fronting on A1A shall be at least twenty-five (25) feet from the westerly right-of-way line of said State Highway A1A.

Section 2.07.02.8 Off-street parking and loading space.

Off-street parking and loading space shall be provided as specified in Section 2.06.02.

Section 2.07.02.9 Internal circulation

Internal circulation—Streets to be dedicated to the public shall be designated and constructed in accordance with subdivision regulations. All streets shall be designed to provide safe, efficient and convenient access to land uses within the PUD and as much as possible to land uses within adjacent parcels.

Section 2.07.02.9 Open space and common facilities requirements.

(1)

A minimum of sixty (60) percent of the project shall be open space and common facilities. A minimum of thirty-five (35) percent of the open space shall be designated for use as common open space or common facilities. No area shall be accepted as common open space unless it meets the following standards:

(a)

Common open space shall be dedicated to and usable by all residents of the planned unit development.

(b)

Common open space must be used for amenity or recreational purposes.

(c)

The location, shape, size, and character of common open space must be shown on the plan.

(d)

Landscaping: All required open space, parking lot islands and all land area not otherwise developed, shall be landscaped in a manner that enhances the appearance of the PUD project and in accordance with the required landscaping plan. See Section 5.04.00, Landscaping/Trees.

(e)

All utility lines shall be installed beneath the surface of the ground and a planned lay-out and specifications to accomplish this requirement shall be submitted to the commission as part of the PUD application.

(f)

Common open space must be suitably improved for its intended use. Any common open space containing natural features worthy of preservation must be left unimproved.

(g)

Common open space shall not include any structures other than recreational.

(h)

Appropriate arrangements acceptable to the city commission shall be made to guarantee the continued maintenance of common open space through the establishment of trust funds, creation of a homeowners association.