(a)

Preapplication procedure required.

(1)

Before any preliminary work is prepared, the developer should become familiar with the regulations and requirements for a planned unit development in order to avoid ponderous expenditures of time, effort and money, only to find that unnecessary costly changes are required by the city council to make the plans conform to existing requirements.

(2)

The preapplication conference is designed to afford the developer an opportunity to avail the developer of the advice and assistance of the appropriate city officials regarding the proposed project before formal application. No statement or representation made prior to the official review shall be binding on the planning and zoning commission or the city council.

(3)

The developer should prepare or have prepared a conceptual sketch plan showing the boundaries of the property to be developed, and physical information should also be readily available. The sketch plan need not be at any particular scale or drawn on any special material or meet any other specifications. However, the drawing should reasonably represent the property and reasonably indicate the intended use of the property.

(b)

Application for planned unit development. An applicant applying for a planned unit development shall submit an application for a planned unit development in accordance with the provisions of chapter 101, article III, division 3. The application shall be filed in the office of the planning manager on or before the date established for such submission as adopted by resolution of the city council. The application shall be accompanied by the following documents and information:

(1)

Evidence of unified control. The applicant shall submit the evidence of unified control of the proposed planned unit development to effectuate the proposed plan, including a statement of all the ownership in the tract of land and the proposed development.

(2)

Survey. The applicant shall submit a survey of the tract to be developed showing existing features of the property, including, but not limited to, streets, alleys, easements, utility lines, existing land use, general topography and physical features.

(3)

Site development plans. The applicant shall submit site development plans containing:

a.

The title of the project and names of the professional project planner and the developer.

b.

Scale, date and north arrow.

c.

Location and arrangement of all existing and proposed structures and buildings.

d.

Proposed traffic circulation pattern within the development.

e.

Areas to be developed for parking.

f.

The points of ingress and egress.

g.

The relationship of abutting land uses and zoning districts.

h.

Proposed phases, lots and blocks, if any.

i.

Locations of different uses proposed by dwelling types, recreational facilities, open space, commercial or industrial uses, other permitted uses and off-street parking.

j.

A statement of anticipated residential density or other commercial or industrial intensity of uses, including, when applicable, the proposed total gross floor area and the percentages of the development to be occupied by structures or buildings including square footage and floor area ratio.

k.

St. Johns River Water Management District or other jurisdictional agency approval as to drainage, if applicable.

l.

Preliminary drawings of existing and proposed structures and landscaping.

(4)

Development schedule. When a planned unit development is to be constructed in stages, a schedule of development shall be submitted with anticipated time frames.

(5)

Traffic survey and economic feasibility study. When it is deemed necessary:

a.

The planning and zoning commission or the city council may require a traffic survey setting out and analyzing the effect that the planned unit development will have on the traffic system adjacent to and in the vicinity of the proposed planned unit development.

b.

The city council may require an economic feasibility study.

(6)

Provisions for maintenance of open space and recreational facilities. When a planned unit development includes common open space or recreational facilities, a statement describing the provisions for the care and maintenance of such open space or recreational facilities must be made. Satisfactory provisions shall be made to ensure that nonpublic areas and facilities for the common use of occupants of the planned unit development, but not in individual ownership of such occupants, shall be maintained in satisfactory manner without expense to the taxpayers of the city. This may be provided by the incorporation of an automatic membership home association for the purpose of continuously holding title to such nonpublic areas and facilities, and levying assessments against each individual owner, whether the owner's property is improved or not, for the purpose of paying the taxes and maintaining such nonpublic areas and facilities, which may include, but shall not be limited to, recreational areas, off-street parking areas, walkways, lighting and common landscaped areas. Such assessments shall be a lien superior to all others, including, but not limited to, mortgage liens, save and except tax liens. Other methods may be acceptable, if the method positively provides for the proper and continuous payment of taxes and maintenance without expense to the taxpayers of the city. The instrument incorporating such provisions shall be approved by the city attorney as to form and legal sufficiency before submission to the city council and shall be, upon approval of the planned unit development by the city council, recorded in the public records of the county.

(7)

Restrictive covenants. Copies of any restrictive covenants that are to be recorded with respect to property included in the planned unit development shall be submitted.

(c)

Action on preliminary development plan. After receiving the application, the administrative official, the city manager or designated representative, shall review the development plan. During the review, the administrative official may request the applicant to confer on the planned unit development concerning any suggested changes in the original proposal and additional information necessary to make essential findings. In the course of the conferences, any agreements or disagreements between the administrative official and the applicant shall be recorded in writing and shall become part of the record.

(d)

Platting requirements. If it is determined by the city council that the lands encompassed by the planned unit development must be platted or re-platted, this must be done in accordance with the procedures and regulations set forth by the codes and ordinances of the city.

(e)

Recommendation by administrative official. The administrative official shall either recommend approval of the application as submitted, approval with modifications, or disapproval of the proposal, and shall set forth the reasons for the recommendation.

(f)

Hearing and recommendation by planning and zoning commission. The planning and zoning commission shall, within 30 days after receiving the administrative official's report, hold a public hearing on the application. Such public hearing shall consider all aspects of the administrative official's findings, and of the proposed planned unit development. Within 30 days after the last public hearing on such plan, the planning and zoning commission shall prepare and transmit to the city council specific findings of fact, together with its recommendations. The planning and zoning commission may recommend approval of the planned unit development as proposed, approval conditional on stated modifications, or disapproval.

(g)

Action by city council.

(1)

Granting or denial. The city council shall, within 30 days after receiving the planning and zoning commission's report, hold a public hearing on the application. Such public hearing shall consider all aspects of the planning and zoning commission's findings, and of the proposed planned unit development. The city council shall either grant the application, with or without modifications, or deny such application. If the planned unit development is granted, the area of land involved shall be designated as a planned unit development by ordinance, and such ordinance shall include any condition or restriction that may be imposed by the city council.

(2)

Performance bond. A performance bond may be required by the city council to ensure that necessary improvements are completed according to approved development permits and development orders, to ensure that no ecological damage is done to surrounding properties or waters, and to ensure the restoration of the subject land to a state that would permit no ecological damage if the project should fail or be abandoned or work stopped for any reason for a period of more than six months, and the bond shall be utilized by the city council in the restoration, as nearly as possible, of the land to a state equivalent to the natural ecological conditions prevailing at the time of the issuance of the planned unit development. The bond shall terminate at a time after phase or stage completion or final completion as determined by the city council. The bond may be a surety bond, a cash bond, or an unencumbered certificate of deposit, bank savings account or government security assigned to the city for the purpose of these requirements.

(h)

Effect of approval. The master land use plan as approved, together with the conditions and restrictions imposed, shall constitute the planned unit development zoning on the land, and no development permit or development order shall be issued except in conformity with all provisions of the grant of planned unit development. The terms of the grant of the planned unit development shall be binding on the applicant and any successors in interest during any time period specified as a safeguard in the granting of the planned unit development.

(i)

Expiration of approval. If development actions required by the granting of the planned unit development are not taken within any time limits set in the planned unit development, the planning and zoning commission shall review the circumstances and recommend to the city council that:

(1)

Revised time limits be set, and the recommendation shall include proposals for appropriate action in respect to any legal instruments involved in the case; or

(2)

The planned unit development be canceled.

(j)

Development permits. Development (building) permits shall be obtained for each and every structure erected, and construction and operation of the proposed use shall comply at all times with the regulations of the city and other governmental agencies. Prior to the issuance of any development permits, complete building plans shall be submitted to the city for approval. The plans shall be in substantial conformity with plans approved by the planning and zoning commission and city council. Separate facilities deemed possible sources of pollutants shall have received approval from appropriate federal, state, county and city departments or agencies prior to construction.

(Code 1998, § 122-316; Code 2008, § 122-316; Ord. No. 281-C, § 1(ch. 6, art. II, § 2(D)), 11-8-1994; Ord. No. 291-C, § V, 2-23-1999; Ord. No. 2015-75, § 2, 10-27-2015)