§ 2.07.03. Procedures for PUD approval.

Section 2.07.03.1 Concept plan.

Prior to submitting an application for a PUD the developer shall submit a concept plan of the entire parcel to the building official. The concept plan shall be considered by the planning and architectural review board, building official and the developer to be a means of familiarizing the developer with the requirements and recommendations of the various departments affecting the proposed project. The concept plan and supporting data sheets shall include a vicinity location map of the site; legal description; boundaries of tract; total acreage in tract; general proposed land use areas; the approximate height, location, character, and density of dwelling units and other structures; the tentative street layout; approximate rights-of-way alignment and widths; sites for schools, parks, and other public uses; existing structures, current zoning, source of water supply; method of sewage disposal; and other appropriate information to make a schematic presentation of the development plan. No development approval is given at the concept plan stage; however, the planning and architectural review board shall submit a copy of the concept plan and the board's written comments to the city commission for their comments.

Section 2.07.03.2 Preliminary plan.

After the developer has submitted a concept plan to the planning and architectural review board, the preliminary plan must be prepared and submitted to the planning and architectural review board along with a completed application obtained after concept plan review, and application fees are paid. The preliminary plan shall consist of three (3) copies of a site plan and written development agreement consisting of information as outlined below. The building official shall review the submission as to its completeness prior to its review by the board.

a.

Preliminary site plan exhibits. The site development plan shall consist of the following information or supporting data thereto:

(1)

Name of project and name, address and telephone number of the developer and professional project engineers, architects, and planners;

(2)

Date plan was drawn, scale, and north arrow;

(3)

Names and location of adjoining streets and names of abutting property owners;

(4)

Legal description of property, property boundaries, and all existing streets, buildings, railroads, bulkhead lines, easements, and other important features in or adjoining the property;

(5)

Wooded areas, wetland areas, dunes, one hundred-year floodplain area, marshes, watercourses, ponds, and other similar conditions affecting the site;

(6)

Topography of the site at a one-foot contour interval based on mean sea level data;

(7)

Natural drainage patterns;

(8)

Purpose, location, acreage, and percent of each proposed land use;

(9)

Tabulation of densities according to proposed dwelling type;

(10)

Proposed street rights-of-way, pavement widths access and traffic flow into, out of, and within the development and particularly demonstrating how vehicular traffic will be separated from pedestrian and other types of traffic;

(11)

Major contour changes, dikes, or any artificially created water body or natural water bodies or courses that will be altered;

(12)

Such other additional material, maps, studies, or reports which the city commission feels are necessary to determine that the PUD complies with applicable standards and guidelines of those regulations.

b.

Written development agreement:

In addition to a site development plan, a written development agreement must be prepared and submitted at the time of concept plan review. The development agreement, along with the site development plan, shall govern the development of the PUD and shall regulate the use of the land regardless of ownership. The development agreement shall contain the following information:

(1)

Statement and evidence of unified ownership and control;

(2)

Statement agreeing to:

(a)

Proceed with the proposed development according to all of the PUD regulations;

(b)

Provide agreements, contracts, deed restrictions and sureties acceptable to the city attorney for completion of the development phase for the continuing operation and maintenance of such areas, functions, and facilities as are not to be provided, operated, or maintained at public expense; and

(c)

Bind their successors in title to any commitments made under subsections (a) and (b) preceding.

(3)

Tabulation of percentages of land devoted to the several dwelling types, streets, recreational uses, parks, open space, or other uses;

(4)

Tabulation of densities by proposed dwelling types;

(5)

Building heights;

(6)

Building spacing;

(7)

Building floor area and dimensions;

(8)

Yard areas and buffers;

(9)

General statement regarding the feasible disposition of sanitary waste and stormwater together with proposed arrangement for potable water;

(10)

Statement of proposed arrangements for maintenance of common open space and common facilities;

(11)

Where PUD is planned for development over a period of years, a schedule showing the proposed time within which final approval of each phase of the PUD is intended to be requested;

(12)

A development schedule indicating:

a.

Approximate starting construction date;

b.

Stages in which elements of the project shall be implemented;

c.

Estimated cost of each phase;

d.

Approximate completion dates of each phase.

(c)

After the commission has had a reasonable opportunity to review the preliminary site plans, upon the request of the said applicant, the commission at a public hearing must approve the preliminary site plans with any amendments or changes thereto in accordance with the PUD guide lines and criteria set forth in this ordinance before authorizing a legal advertisement for zoning the said applicant's land area to PUD zone.

(13)

The substance of covenants, grants or easements, or other restrictions proposed to be imposed upon the use of lands, buildings, and structures together with proposed easements or grants for public utilities;

(14)

Such other information which the planning and architectural review board and city commission feel is necessary to determine that PUD complies with applicable standards and guidelines of these PUD regulations;

c.

Preliminary plan review:

(1)

Planning and architectural review board—After the building official has determined that all of the required information has been prepared and is shown either on the site development plan or development agreement, the planning and architectural review board shall have thirty (30) working days to review the plan in accordance with Section 2.06.00 and 2.07.00, hold a public hearing, and provide comments for review by the city commission.

(2)

City commission—The preliminary plan shall be approved or disapproved by the city commission within thirty (30) working days after the city commission reviews the preliminary plan and the planning and architectural review board's comments and holds a public hearing. Approval of the preliminary plan shall be indicated by the signature of the mayor and chairman of the commission and attested by the city clerk. If the preliminary plan is disapproved, the reasons for disapproval shall be specified in writing. The applicant may elect to change the preliminary plan in accord with the commission's conditions. The developer's agreement to such changes must be in writing to the commission and appropriate amendments must be made to the preliminary site development plan and development agreement within one hundred twenty (120) days after the commission meeting and before submitting a final plan.

Section 2.07.03.3 Final Plan.

In a PUD development no development of any kind shall take place including cleaning, filling, excavations, dredging, tree-cutting or clearing for road rights-of-way and no building permit shall be issued until the city commission has given final approval to the final plan. The final plan shall consist of five (5) copies of the final site development plan for the entire project or a phase thereof and five (5) copies of the final written development agreement consisting of information as listed below. The final plan shall include:

a.

Final site development plan exhibit:

(1)

Such drawings, specifications, covenants, easements, conditions and form of performance bonds as were specified in the written resolution;

(2)

All necessary state and federal permits;

(3)

Engineering plans and drawings for water, sanitary sewers, and storm sewer system showing size, cross-section, and profiles as required by the public works department. Detailed site plan showing building locations, landscaping, parking areas, vehicular parking spaces, access drives, and other site information as required by the planning department.

(4)

Written development agreement—The written development agreement shall begin [be in] its final form and shall contain all revisions as part of the preliminary plan review and copies of necessary state and federal permits.

b.

Final plan review:

(1)

City department review—Five (5) copies of final plans shall be submitted to the building official along with any applicable fees. The building official shall distribute plans for departmental review and approval and to the planning and architectural review board. Each department and the board shall review the plans within thirty (30) working days after it was submitted to the building official. If no comments are received within thirty (30) working days from a department or planning and architectural review board, the plan will be forwarded to the city commission.

(2)

City commission review—The city commission shall review and take action on the final plan within thirty (30) days after it is scheduled on the commission agenda. If the final plan is consistent with the approved preliminary plan and meets all requirements of this ordinance, the city commission shall approve the final plan. Approval shall be indicated on each copy by signature of the chairman of the city commission and attested by the city clerk. If disapproved, the reasons for disapproval shall be stated in writing.

Section 2.07.03.4 Building permits and enforcement.

A plan or phase thereof which has been given final approval by the city commission shall constitute the basis for issuance of building permits. No building permit of any type or kind shall be issued except in conformity with such final plan or approved phase thereof and any other applicable city and state regulation. It should be the responsibility of the building official to determine during the process of inspection of construction that all requirements as set out in the final approved plan or phase thereof are strictly followed.

In the event that the building official shall determine that the approved final plan, or phase thereof, is not being followed the developer shall promptly be notified of any discrepancies.

In the event the developer and the building official cannot reach agreement as to the nature of the discrepancies and the disposition to be made thereof, it shall be the duty of the city commission to hear the developer and the building official on such matters and to reach a conclusion as to whether or not the developer is or is not following the approved final plan or phase thereof. If the commission determines that the final plan is not being followed and the developer is not in agreement with the commission conclusions, the commission may:

(1)

Take such action as it may deem necessary to remake the approved final plan or phase thereof, or

(2)

Direct the city attorney to take such legal action as may be necessary to compel the developer to follow the approved final plan or phase thereof.

Section 2.07.03.5 Existing PUD.

Any PUD which exists either in part or in its entirety and has not lapsed or been abandoned under the terms under which it was ordained and is an on-going venture at the time of the adoption of this ordinance, will be governed by the ordinance(s) under which it was instituted and allowed to exist into perpetuity as long as the terms of said ordinance(s) and conditions thereof are met.

Section 2.07.03.6.

An ongoing PUD is one in which there has been substantial compliance with the projected starting and completion dates approved by the city commission as evidenced by substantial and good faith progress in obtaining permits and conducting construction activities in a regular, continuing and orderly manner designed to meet the approved development schedule dates.

Section 2.07.03.7.

Should a projected development schedule date for the PUD or any stage or phase thereof not be substantially complied with within sixty (60) days following the applicable development schedule date then the PUD or stage or phase thereof will be deemed to have lapsed and been abandoned and all vested rights to development of the PUD insofar as the PUD is not at the time of such lapsing in conformity with all then present zoning regulations, official zoning maps, comprehensive land use maps, building regulations, or other regulations of the City of Flagler Beach, be deemed forfeited unless an extension of time has been requested by the developer and granted by the commission as set forth below. The provisions of this section are specifically made applicable to any PUD which exists either in part or in its entirety on or after the effective date of this amendment.

Section 2.07.03.8 Requests for extensions of projected development schedule date.

A.

A request for an amendment or extension to an approved projected development schedule date for a PUD which is otherwise not in conformity with the existing zoning regulations, zoning maps or comprehensive land use maps, building regulations, or other regulations of the City of Flagler Beach, shall be considered as a request for a variance and subject to the provisions of the zoning regulations providing for variance requests. In addition to the matters set forth in Section 8.05.13 Variances of the Land Development Regulations, the planning and architectural review board in advocating the granting or denial of the variance request may consider whether, since the original approval of the PUD, changes in the population or character of the city, including changes in municipal services and resources available have occurred which would favorably or unfavorably impact the public welfare by the granting or denial of the variance request.

B.

In determining whether to grant or deny the requested extension of a projected development schedule date, the city may consider whether granting or denial of the request will have an adverse impact on phases or stages of the PUD which are completed and in existence at the time of the request.

(Ord. No. 2009-14, § 2, 9-24-09)