Development may be pursued in a variety of ways. This article sets forth the development options established by the city. Depending on the circumstances of particular development scenarios, these options may be used singly or jointly. Where necessary the provisions relating to the different development options contain design standards that supplement or replace particular standards in Article VI, and procedures which supplement or replace particular procedures in Article X.

It shall be the declared public policy of the City of Carrabelle to establish reasonable regulations and minimum standards for the subdivision of lands within its boundaries to insure the preservation of the health, safety and welfare of citizens. Pursuant to the authority conferred on the city commission, as the governing body of the city, by the Constitution of the State of Florida and F.S. Chapter 163, the city commission does hereby exercise its vested authority to regulate the subdivision of lands for the protection of the health, safety and welfare of its citizens as hereinafter provided.

The purpose of the subdivision regulations is to set forth regulations regarding the subdivision and development of land within the corporate limits in order to protect the health, safety, welfare, and general well being of the citizens of Carrabelle.

These regulations are adopted to achieve the following objectives:

A.

Establishment of minimum standards of subdivision design which will encourage the development of sound and economically stable areas within the City of Carrabelle.

B.

Assure adequate and efficient supply of utilities and services to new land developments.

C.

Prevention of traffic hazards and congestion which result from narrow or poorly aligned streets, and from excessive exit and entrance points along major traffic arteries, and the provision for safe and convenient traffic circulation, both vehicular and pedestrian, in new land developments.

D.

Secure safety from fire, panic, natural disasters, and other dangers; to promote health and the general welfare.

E.

Prevention of sanitation and health hazards, especially in those subdivisions with lots to be served by individual water supply and individual waste disposal systems.

F.

Minimize flooding and insure proper stormwater management.

G.

Provide public open spaces for recreational, educational and other public purposes.

H.

Coordinate land development in orderly physical patterns consistent with general plans and policies adopted by the city commission.

I.

Prevent and discourage haphazard, premature, uneconomic, or sprawling land development.

J.

Protect the natural and scenic resources of the community including surface waters and aquifer recharge areas.

Whenever land within the boundaries of the city is divided so as to constitute a subdivision as defined herein, such subdivision of land shall be in compliance with the requirements set forth in these regulations. The entire parent parcel for any subdivision shall be reviewed by the city in conjunction with the subdivision review for any portion of the parent parcel.

No division of land shall be allowed that is in conflict with the densities, intensities, or other provisions of the City of Carrabelle Comprehensive Plan.

No parcel of land shall be created, either by inclusion within or exclusion from a proposed subdivision, which cannot be properly utilized for a permitted use under the existing zoning regulations. A subdivision development shall meet or exceed the relevant requirements of all land development regulations adopted by the city. The approval of a subdivision development does not abrogate any legal requirement to comply with the regulations of any other governmental agency, local, state, or federal, which may have jurisdiction over the proposed activity.

No land shall be divided or subdivided and no drawing or plat of the division or subdivision of any land shall be filed or recorded in the public records of any court until all taxes have been paid on the land.

Certain parent parcels or subdivisions created prior to July 26, 1989 may be exempt from these regulations. (See 11.03.00, Nonconformities.)

A subdivision development should be designed to create a functional and attractive environment, minimize adverse impacts, provide maximum livability, provide safe and efficient access and circulation, and generally be an asset to a community. The city administrator and planning and zoning board may, in the application of these standards and guidelines, exercise design discretion to achieve the intent and purpose of these regulations.

There are three types of reviews regulating the division of property within the corporate limits of Carrabelle. They are:

A.

Certified parcel subdivision review.

B.

Platted subdivision with no improvement facilities review.

C.

Platted subdivision with improvement facilities review.

The type of review that a proposed division of property must undergo shall be determined in accord with the guidelines and standards below.

1.

Certain parcels may be subdivided, subject to a certified parcel subdivision review, and not be required to be reviewed as a platted subdivision. Such parcels are those comprised of three lots or less which contain no improvement facilities to be dedicated to the city; and

a.

Have direct access to an existing publicly owned and maintained right-of-way; or

b.

Have direct access to an existing privately owned and maintained right-of-way which meets city standards; or

c.

Have access to an existing publicly-owned and maintained right-of-way via a legally established existing common use area or easement, provided the easement width meets the standards of 6.02.01(B)(4)(c).

2.

The following types of parcels shall qualify for review as a certified parcel subdivision, provided the criteria described in the subsection above are met:

a.

The residual parcel (of a parent tract) not required by the city nor proposed by an applicant for inclusion within a platted subdivision.

b.

Parcels created on or after July 26, 1989 which are not part of a publicly recorded surveyor platted subdivision.

c.

Any number of parcels assembled into a larger parcel.

d.

Parent parcels created by platted lot, deed, or folio number prior to July 26, 1989.

e.

Parcels created by the court under probate or testate.

f.

Parcels for which a site development plan has been approved.

g.

Parcels granted legal nonconforming status per 11.03.00.

A platted subdivision is a subdivision conforming to the provisions of F.S. Chapter 177 and for which roads, easements for access, drainage, or utilities, conservation or preservation areas or easements, and/or improvement facilities may be required or proposed depending upon the size and location of the subdivision. Platting of lots shall be required for this type of subdivision.

A Platted subdivision determined by the administrator to require no improvement facilities may be reviewed under abbreviated procedures as defined in Article XI of this code.

The design and improvement standards for subdivisions are prescribed in Article VII.

The procedure for review and approval under this section is prescribed in Article XI.

A.

Construction activity upon the land is an element in the process of community development. Such activity impacts public utilities, facilities, roadways and adjacent land and their use. Therefore, in the interest of the public health, safety and welfare, it is necessary that these activities be carried out in a proper and orderly fashion and in accordance with city standards.

B.

The purpose of the site development regulations is to establish procedures and standards for the review of construction activities and site development, except for single family and duplex residential development, in order to ensure the following:

1.

Provision of efficient and effective review, determination and compliance procedures;

2.

Prevention of flooding within developments by ensuring adequate flood control and stormwater management are provided;

3.

Traffic hazards are minimized and traffic flow is enhanced, including pedestrian and other traffic;

4.

Developments are compatible with the sites as well as adjacent uses; land use capability chart.

5.

Developments are responsive to the environment and protection of environmentally sensitive areas;

6.

Availability and type of water and wastewater utilities serving the sites;

7.

Developments have adequate fire protection; and

8.

Compliance with F.S. Chapter 163 and the City of Carrabelle Comprehensive Plan.

A.

Site development plans shall be required for all new development in accordance with the site development regulations of this article in order to assist the administrator in assuring that development is in compliance with all applicable ordinances, regulations and resolutions of the city.

B.

All land uses shall be required to have a site development plan approved by the administrator and any other department or agency deemed necessary by the administrator prior to the issuance of a building or other construction permit or commencing any site land alteration or construction activity. Single family and two family detached dwellings on individual lots with their accessory uses and structures shall be exempt from the site development review.

C.

In instances where lots have been created and improvement facilities have been approved and constructed in accordance with the subdivision regulations, then a site development review shall be required for development upon those lots except as provided herein.

D.

All development reviewed under the site development regulations shall comply with the densities and intensities and other provisions established within the city's carrabelle comprehensive plan; unless otherwise excepted therein.

E.

All development shall meet or exceed the requirements of all land development regulations as established and adopted by the city, the State of Florida and the federal government unless such requirements have been waived by those governments.

F.

The approval of a site development plan is required before building permits may be issued for construction.

G.

Where lands have been or are subdivided or resubdivided, but ownership is described by metes and bounds without recording a plat in the manner and form required by regulations in effect at the effective date of the site development regulations, such lands may be used in accordance with the terms of the site development regulations provided:

1.

That all necessary public facilities, services, and utilities are available to or located on such lands, or an agreement satisfactory to the city has been made and recorded whereby the deficiencies in necessary public facilities, services, or utilities will be remedied, and appropriate waivers, variances, or exemptions have been obtained; or

2.

That a plat of such land be recorded in the manner and form of and subject to, the requirements existing in regulations in effect at the time of the recording of such plat.

The intent of the planned development (PD) district is to encourage more creative and imaginative design than generally is possible under conventional zoning regulations.

It is intended to permit upon application and upon approval of site and use plans, the creation of PD districts. Suitability of such tracts for the PD district designation shall be determined by and shall be made in accordance with the comprehensive plan and designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to promote health and the general welfare, to provide adequate light and air, to prevent the over-crowding of land, to avoid undue concentration of population, to preserve features of historical significance, to facilitate the adequate provision of transportation, water, sewerage, schools, parks, other public requirements, and with a reasonable consideration being given to among other things, the character of the district and its peculiar suitability for particular uses and with a view to conserving the land throughout the city.

The procedures herein established are intended to substitute procedural protections for substantive regulations in recognition of the fact that traditional density, bulk, spacing and use regulations, which may be useful in protecting the character of substantially developed areas, may impose inappropriate and unduly rigid restrictions upon the development or redevelopment of parcels which lend themselves to an individual, planned approach. In addition, a development plan should be designed to ensure that the following general goals will be achieved.

A.

The proposed development shall be of such design that it will promote achievement of the stated purposes of the Carrabelle Comprehensive Plan.

B.

The development will efficiently utilize the available land, and will protect and preserve to that extent possible, natural features of the land such as trees, streams and topographic features.

C.

The development shall provide for harmonious and coherent site and building design that creates a sense of place.

D.

The development will be located in an area in which transportation, police and fire protection, other public facilities and public utilities, including sewerage, are or will be available and adequate for the uses proposed; provided, however, that the applicant may make provision for such facilities or utilities which are not presently available.

E.

In determining whether a proposed PD district should be approved, the city administrator, planning and zoning commission and the city commission shall ensure the extent to which the proposed development plan is consistent with the Carrabelle Comprehensive Plan and the other adopted plans and policies of the city.

The minimum site area for a PD shall be five acres.

Approval of a PD district shall constitute an amendment to the zoning ordinance. Designation of a property as a PD district in accordance with an approved development plan shall supersede all existing and prior zoning classifications. Such property shall for zoning purposes be identified by the letters PD followed by an identifying number.

The development plan shall specify both for the project as a whole and/or for subareas within the project, as appropriate, those principal and accessory uses and development densities that are to be permitted. The city commission may include or exclude uses from the development plan or include uses with attached conditions as appropriate to achieve the intent of these provisions. In making its determination of the uses and development densities to be permitted within the PD district, the commission may consider the compatibility and relationship of uses within the project, the compatibility and relationship of permitted uses adjoining or in proximity to the PD district, the appropriateness of permitted uses for the area in general and their overall impact on the community, and the consistency of the permitted uses with the Carrabelle Comprehensive Plan and other adopted plans and policies.

A development order shall contain at a minimum the following provisions:

1.

Intensity of development. The development order shall contain provisions to regulate the intensity of development within the planned development district. Such provisions may apply to the project as a whole or to subareas within the project.

a.

For non-residential development, the intensity of development may be regulated:

(1)

By specifying a floor area ratio (FAR) or ratios;

(2)

By specifying maximum square footage or gross leasable area;

(3)

By specifying setbacks, height and bulk restrictions; or

(4)

By a combination of such restrictions for the project as a whole or for components or subareas within the project. In addition, non-residential development order may specify performance standards to be imposed on the project and restrictions regarding the location and nature of industrial, commercial and other non-residential activities. In making its determination regarding the intensity of development and appropriate performance standards, the city commission may consider the character and scale of similar development, the character and scale of surrounding development and the area in general, the real or anticipated impact on public facilities and services.

b.

The maximum number of dwelling units permitted shall be computed. The permitted number of dwelling units may be distributed in any manner over the residential portion of the project consistent with the intent and provisions of this section. The development order shall specify distribution of residential density for the project as a whole or for subareas within the project. In making its determination regarding the distribution of residential densities, the city commission may consider the compatibility of residential densities with other uses within the district as well as outside the district, the impact of residential densities on public facilities and services.

2.

Uses permitted. For non-residential development the specific uses shall be listed. For residential uses the types of dwellings shall be listed.

3.

Bulk, area and height requirements. The development order shall specify bulk, area and height restrictions for the project as a whole or for sub-areas and/or components of the project. In making its determination regarding such restrictions, the Commission may consider the character and scale of the proposed development as it relates to other uses and structures both within the district and outside the district, and the general character and scale of similar development within the area of the proposal.

4.

Public facilities. The development order shall specify conditions, restrictions and standards relating to the timely provision of necessary public facilities. In making its determination regarding such conditions, restrictions and standards, the commission may consider the adequacy of existing facilities, the timely provision of adequate facilities, the impact of the proposed development on existing and/or planned facilities and the overall cost to the community.

5.

Access to public thoroughfares. The development order shall specify the location and general design of ingress and egress to the project along with any proposed access restrictions. The city commission may impose such access standards and restrictions as are necessary to protect the integrity and function of the city's thoroughfare system and to insure the safe and efficient circulation of vehicles and pedestrians within the PD district. In making its determination regarding such access standards and restrictions, the commission may consider the classification and function of the thoroughfare system, existing and projected volumes, the condition and design of the affected thoroughfares, the effect of the proposed development on traffic flow and circulation patterns and the consistency with the Carrabelle Comprehensive Plan and other adopted plans and policies.

6.

Off-Street parking and loading requirements. Unless specifically modified by the development order, the off-street parking and loading requirements imposed by Article VII shall apply. Reductions in off-street parking and loading standards may be approved only if it can be demonstrated that parking demand will be less due to design and/or occupancy characteristics of the project and/or the availability of public transportation.

7.

Sign requirements. Unless specifically modified by the development order, the sign requirements imposed by Article VIII shall apply. The sign plan shall be approved only if the general intent of the sign regulations regarding size, location, illumination, structural integrity and relation to surrounding uses is satisfied.

8.

Landscaping and perimeter treatment. The development order shall specify the design and arrangement of landscaping on all open space areas in the PD district, and on all buffer and perimeter areas provided to mitigate the impact of the project upon adjoining properties and/or to achieve an appropriate transition between land uses and densities. The city commission may impose such standards and requirements for perimeter treatment it deems necessary to protect adjoining properties from adverse effects and to achieve an appropriate transition of land uses and densities.

It is the intent of this section to set forth the procedures and requirements necessary for the city to consider and enter into development agreements. It is the further intent of this division to encourage a strong commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development concurrent with the impacts of development, encourage the efficient use of resources, and reduce the economic cost of development.

The definitions set forth in F.S. § 163.3221 shall apply to this section.

To the extent of any conflict with the city land development code, as amended, or any other regulations of, and except as herein specifically provided, this section supersedes the city land development code, as amended, and other regulations, with respect to the subject matter hereof.

The procedures applying to this Section are prescribed in Article XI.

A development agreement shall, at a minimum, include the following:

1.

A legal description and current land survey (certified) of the land subject to the agreement and the names of the legal and equitable owners;

2.

The duration of the agreement;

3.

A general description of the development, the development uses permitted on the land including population densities, and building intensities and height, and a description of the impacts and benefits of the development;

4.

The land use designation of the property under the future land use element of the Carrabelle Comprehensive Plan;

5.

The current zoning of the property;

6.

A description of public facilities that will service the development, including who shall provide such facilities;

7.

A description of any developer commitments;

8.

The date any new facilities, if needed, will be constructed;

9.

A schedule to assure public facilities are available concurrent with impacts of the development;

10.

A description of any reservations or dedications of land for public purposes;

11.

A description of all local development permits approved or needed to be approved for the development of the land;

12.

Any anticipated approvals, waivers, variances or special exceptions sought by the developer;

13.

A finding that the development permitted or proposed is consistent with the Carrabelle Comprehensive Plan and land development code;

14.

A statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, condition, term, or restriction;

15.

Such conditions, terms, restrictions, or other requirements determined to be necessary by the city for the public health, safety, or welfare of its citizens;

16.

With respect to any public facilities to be designed and/or constructed by the developer, design and construction shall be in compliance with all applicable federal, state, and county standards and requirements in order to insure the progress, quality and cost effectiveness of construction of the public facilities, to resolve in a timely manner design and construction related problems which may occur, and to protect the safety and welfare of the public. The standards and requirements shall include, but not be limited to, guarantees of performance and quality and project controls (including scheduling, quality controls, and quality assurance).

All development agreements shall contain stipulations regarding the following, where applicable:

Parties involved; notice and hearing dates; property location; approved uses, densities, intensities and heights; duration; regulations and fees applicable; public facilities and concurrency schedule; dedications and permits required; consistency with comprehensive plan and land development regulations; conditions and terms of approval, with any phasing if needed; design/construct agreement to cover developer-provided public improvements, if required by the city; standard performance and warranty provisions on improvements to be accepted by the city; policies with regard to changes to approved development; policies with regard to changes to the agreement; resolution for disputes; cure period for defaults; and the basis for revocation.

A development agreement may provide that the entire development or any phase thereof be commenced or concluded within a specific period of time.

With respect to developer commitments that would be eligible for impact fee credits, nothing herein shall affect the eligibility to qualify for credits under appropriate impact fee ordinances. In order to be eligible for credits, the expenditure must have been subject to not less than three quotes in awarding the construction contract.

A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest. Prior to amending a development agreement, the city commission shall hold two public hearings on the proposed amendment.

The term of a development agreement shall not exceed five years or such time as F.S. §§ 163.3220—163.3243 may provide. A development agreement may be extended by mutual consent of the city commission and the developer, subject to public hearings in accordance with Article XI. The term of any one extension shall not exceed five years or such time as F.S. § 163.3220 et. seq., may provide.

Within 14 days after the city enters into the development agreement, the city clerk shall have the agreement recorded in the public records of the city. A copy of the recorded development agreement shall be submitted to the Department of Community Affairs within 14 days after the agreement is recorded. If the agreement is amended, canceled, modified, extended, or revoked, the clerk shall have notice of such action recorded in the public records and such recorded notice shall be submitted to the Department of Community Affairs.

1.

The city shall review the development subject to the development agreement every 12 months, commencing 12 months after the effective date of the agreement.

2.

The city shall begin the review process by giving notice to the developer that the city intends to undertake a periodic review of the development.

3.

If the city finds and determines that the developer has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded.

4.

If the city makes a preliminary finding that there has been a failure to comply with the terms of the development agreement, the city commission shall conduct a public hearing at which the developer may demonstrate good faith compliance with the terms of the agreement. If the city commission finds and determines on the basis of substantial competent evidence that the developer has not complied in good faith with the terms and conditions of the agreement during the period under review, the city commission may modify or revoke the agreement.

The laws and policies governing development specifically approved in a development agreement shall be as set forth in F.S. § 163.3233.

Enforcement of the terms of a development agreement shall be as set forth in F.S. § 163.3243 and as otherwise provided in this code.

It is the intent of this section to set forth the procedures and requirements necessary for the city to consider and approve community development districts. It is the further intent of this division to encourage a strong commitment to capital facilities planning, management and financing to ensure the provision of adequate capital infrastructure to service projected growth without overburdening the general taxpayer.

The laws and policies governing development specifically approved in a community development district shall be as set forth in F.S. ch. 190.

Enforcement of the terms of a community development district shall be as set forth in F.S. ch. 190, and as otherwise provided in this code.

The definitions set forth in F.S. ch. 190 shall apply to this section.

To the extent of any conflict with this code, or any other regulations of city, and except as herein specifically provided, this section supersedes other city codes and regulations, with respect to the subject matter hereof.

The procedures applying to this Section are prescribed in Article XI.