The purpose and intent of these Planned Unit Commercial Development (PUCD) regulations is to promote economical and efficient land use, a range of building types and building costs, usable open space areas, the preservation of natural resources and ecologically important areas from destruction, innovative site planning concepts, and orderly and economical development in the City of Flagler Beach in accordance with its Comprehensive Plan. In this regard PUCD regulations shall be utilized to provide for optional planned commercial developments on tracts of land suitable in size, location, and character for the uses proposed to be planned and developed; and to provide a greater dimension to the scope of planning to meet the needs of Flagler Beach and discourage planning to meet solely the spatial requirements of the land.

All land within the PUCD shall be under the authority of the applicant whether that applicant be an individual, partnership or corporation, or groups of individuals, partnerships, or corporations. PUCD applicants shall present firm evidence at the time of application of unified ownership of the entire area within the proposed PUCD, and proof of verified option on or interest in, and permission of property owner.

1. Said PUCD shall be applied for only when subject property is currently under commercial or industrial zoning classifications.

2. Uses that are allowed within the district within which the commercial PUD is located are the following:

Any commercial use may be applied for, subject to the city business tax regulations.

3. Developer/applicant shall define uses planned and will be limited to these uses approved. Any future change in usages by developer, owners of units, and/or the association must be approved by the City of Flagler Beach.

(Ord. No. 2007-02, § 1(Exh. A), 1-25-07)

A. PUCD size shall be a minimum of five (5) separate units. The applicant must request a modification of any future subdivision of units shown on the approved development plan, as per Section 2.08.10 of this ordinance. For purposes of this section a "building" may consist of one (1) or more units. Building minimum size shall be one thousand two hundred (1,200) square feet; a "unit" shall have a minimum of four hundred (400) square feet as an entity. A unit may be one (1) building if it has one thousand two hundred (1,200) square feet minimum.

B. Distance between buildings: None, but if the buildings are separated, the minimum distance between buildings must be twenty (20) feet.

C. Maximum building coverage: Fifty (50) percent of total land area as defined by exterior wall to wall square footage measurements except as provided in Section 2.08.06.

D. Maximum building height: The maximum building height shall be two (2) stories and no more than thirty (30) feet in height. Parking area below building is permitted, in addition to the two (2) stories; however, the thirty-foot height limit shall be maintained.

E. There shall be no more than one (1) business entity as defined by the Business Tax Ordinance for each four hundred (400) square feet of building.

F. Other commercial developments may come under the terms of this article if the applicant otherwise meets the requirements hereof.

(Ord. No. 2007-02, § 1(Exh. A), 1-25-07)

1. a. "Total pole signs" permitted for the PUCD may equal a maximum area on each side of up to twenty (20) square feet per unit, per side, or a maximum of up to two hundred forty (240) square feet per side, whichever is less. "Pole sign" is defined as a two-sided sign.

b. One (1) wall sign per unit. Maximum total area (outside measurements of each unit) to be one (1) square foot of sign per each twenty (20) square feet of unit floor area (outside center of walls). No wall sign shall be permitted in excess of one hundred (100) square feet for units of over two thousand (2,000) square feet, unless specific commission approval has been obtained, after review and comment by the planning and architectural review board.

2. Fences, walls and hedges: See Section 5.04.00 Landscaping/Trees. The planning and architectural review board may also require additional requirements to protect any existing special condition.

3. Setbacks: In order to provide protection for abutting single-family residential properties to the PUCD, 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 of the PUCD project shall be required for the PUCD. "Setback" is defined as "drip-edge of roof." Setbacks shall apply to any accessory or supportive structure and/or equipment.

b. The height for detached accessory buildings including garages shall not exceed one (1) story above ground or twelve (12) feet.

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

d. Every structure shall be set back at least twenty (20) feet from the edge of dedicated street rights-of-way. PUCD project perimeter boundaries shall have a ten-foot setback, except as defined in paragraphs Section 2.08.05(3)(a) and Section 2.08.05(3)(e). "Setback" is defined as "drip-edge of roof" for this PUCD.

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

NOTE: In all other respects as to signage, parking and landscaping, existing ordinances within the city shall apply.

(Ord. No. 2009-14, § 2, 9-24-09)

Parking and loading access shall meet the requirements of Addendum "A" which is made a part hereof. A minimum of three (3) spaces per unit or one (1) space for each two hundred fifty (250) square feet of gross floor area, whichever is greater, shall be provided.

All parking shall be located in the common area of the PUCD owners' association. Except for employee parking, parking spaces shall not be reserved for individual units, but shall be considered a common facility to serve all units within the PUCD. Loading requirements shall meet the regulations set forth in Section 2.06.02 hereof. Access for deliveries shall be to rear entrances and shall be provided so as not to impede any general parking access for drives.

If enclosed parking is utilized, maximum building coverage may be increased by an equal area, except that total building coverage shall not exceed seventy-five (75) percent of land area, in any case. Parking area shall be controlled under the PUCD owners' association.

The required PUCD owners' association shall be responsible for the maintenance of all exterior grounds and related appurtenances, but not limited to parking, sidewalks, water retention areas, landscaping, lighting and signs, and exterior of all buildings.

All common open space, parking lot islands, and all land not otherwise developed shall be landscaped in a manner that enhances the appearance of the project and in accordance with Section 5.04.00, Landscaping/Trees. All utility distribution lines within the PUCD shall be located underground unless the city waives this requirement due to excessive hardships based on local geography, soils or foliage. When required, by specific commission action, the developer shall provide fire hydrants, and other similar improvements as may be required for the public health, safety and welfare, including a minimum of one (1) gallon per square foot of area of PUCD for water storage for fire safety. "Area" defined for this paragraph as "building square footage."

1. Common open space shall be dedicated to and usable by all the owners and/or tenants of the PUCD. At the option of the developer, and with the approval of the city commission, common open space may be dedicated to the general public for its use, and the maintenance thereof also approved by the city.

2. 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 PUCD project and in accordance with the required landscaping plan. See Section 5.04.00, Landscaping/Trees.

3. Through specific commission action and after appropriate board recommendations any common open space containing natural features worthy of preservation shall be left unimproved.

4. Common open space shall not include any structures other than recreational, or historical or special use as approved by the city commission after appropriate board recommendations.

The procedures for PUCD approval shall be the same as set forth for other PUD projects as found in Section 2.07.03.1.

SCHEDULE OF OFF-STREET PARKING REQUIREMENTS
CITY OF FLAGLER BEACH

A minimum of three (3) spaces per unit or one (1) space for each two hundred fifty (250) square feet of gross floor area, whichever is greater, shall be provided except as follows: