The purpose and intent of these planned unit development (PUD) regulations is to promote economical and efficient land use, a range of housing types and housing 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 the PUD regulations shall be utilized to provide for optional planned residential development 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.

Planned unit development is a zoning district that may be applied as an overlay on any land use designation on the Future Land Use Map so long as the proposed use does not increase the density or intensity of use specified on the Future Land Use Map for the underlying land use plus density bonuses that may be provided for benefits in the plan which further the public good.

The Planned Unit Development (PUD) District is intended to encourage concentrated, energy efficient land development through the use of innovative land use planning and structural design techniques. Conventional zoning requirements are replaced in the PUD District by flexible performance criteria intended to accomplish any or all of the following goals:

(1) Provide for the planning, review and approval of one or a combination of residential, commercial, industrial, recreational and public land uses and structures which result in an organized development within and with surrounding land uses of compatible density or intensity of use;

(2) Minimize infrastructure costs through a more efficient arrangement of structures, utilities, on-site circulation, and egress and ingress than is permitted under conventional zoning and subdivision regulations;

(3) Preserve to the greatest extent feasible, considering the return on land investment, environmental assets and natural amenities such as scenic and functional open-space areas; and

(4) Promote the economy of development to encourage the provision of low and moderate income housing.

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.

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.

(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.

(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.

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.

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.

(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.

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

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.

(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.

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.

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.

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.

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.

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.

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.

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.

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)

1. The Master Planned Development (MPD) district is established and intended to encourage innovative land planning and site design concepts that support a high quality of life and achieve a high quality of development, environmental sensitivity, energy efficiency, and other city goals and objectives by:
   1. Reducing or diminishing the inflexibility or uniform design that sometimes results from strict application of zoning and development standards designed primarily for individual lots;
   2. Allowing greater freedom in selecting the means of providing access, open space, and design amenities;
   3. Allowing greater freedom in providing a well-integrated mix of residential and nonresidential land uses in the same development, including a mix of housing types, lot sizes, and densities;
   4. Providing for efficient use of land resulting in smaller networks of utilities and streets and thereby lowering development and housing costs; or
   5. Promoting quality design and environmentally sensitive development that respects surrounding established land use characteristics and respects and takes advantage of a site's natural and man-made features.
2. Master Planned Development Zoning District (MPD). The Master Planned Development District shall supplement and be available in addition to the Planned Unit Development District (PUD). All previously approved and active PUDs shall be bound to the terms and requirements as recorded in their respective development agreements.

The application for a master planned development and the rezoning, along with the required master planned development agreement, shall be submitted and approved in conformance with the procedures outlined in this section and in compliance with the requirements of F.S. ch. 166. The master planned development agreement shall be approved contemporaneous with the rezoning.

1. Comprehensive plan consistency. The MPD shall be consistent with the comprehensive plan. With exception of the preservation and conversation classification, a Master Planned Development District is allowed within all comprehensive plan future land use map categories.
2. Other ordinances. All building and housing codes of the city are applicable to the Master Planned Development District; however, requirements for dimensional standards, parking, open space, and other regulations established in the master planned development plan may differ from those specific to the underlying zoning district in which the development is located to achieve a higher level of quality. Special exceptions and variances are, therefore, not applicable to master planned development plans.

Prior to approving an MPD zoning district classification, the city commission shall consider whether the application for the MPD zoning district classification, as well as the MPD master plan and the MPD development agreement terms and conditions included as part of the application, at minimum, address and incorporate the following information and data:

1. The MPD master plan shall:
   1. Include a statement of the planning objectives for the master planned development.
   2. Identify the general location of individual development areas, identified by land use(s) or development density or intensity;
   3. Identify for the entire MPD and each development area, by acreage,
   4. Types and mix of land uses,
   5. Number of residential units (by use type),
   6. Nonresidential floor area (by use type),
   7. Residential density, and nonresidential intensity by gross floor area;
2. Identify the general location, amount, and type of open space (whether designated for active or passive recreation).
3. Identify the general location of environmentally sensitive lands, wildlife habitat, waterway corridors, or other features to be protected.
4. Identify the on-site transportation circulation system, including the general location of all public and private streets, pedestrian, and bicycle pathways, and how they will connect with existing and planned city and County systems, and mobility alternatives, if proposed.
5. Identify the general location of on-site potable water, reuse water, and wastewater resources, and how these utilities will connect to city facilities.
6. Identify the general location of on-site stormwater management facilities, and how they will connect to existing or planned city stormwater systems; and
7. Identify the general location of all other on-site public facilities serving the development, including, but not limited to, parks, schools, and facilities for fire protection, police protection, EMS, and solid waste management.

The MPD terms and conditions shall incorporate by reference or include, but not be limited to:

1. Conditions related to approval of the application for the MPD zoning district classification;
2. The MPD master plan, including any density/intensity standards, dimensional standards, and development standards established in the MPD master plan;
3. Conditions related to the approval of the MPD master plan, including any conditions related to the form and design of development shown in the PD master plan;
4. Provisions addressing how transportation, potable water, wastewater, stormwater management, and other public facilities will be provided to accommodate the proposed development;
5. Provisions related to environmental protection and monitoring; and
6. Any other provisions the city commission determines are relevant and necessary to the development of the MPD in accordance with applicable standards and regulations.

Development along the perimeter of the MPD shall be compatible with adjacent existing or proposed development. Where there are compatibility issues, the MPD master plan shall provide for transition areas at the perimeter edges of the MPD that provide for appropriate buffering or ensure complementary land uses. Determination of complementary character shall be based on;

1. Densities/intensities,
2. Lot size and dimensions,
3. Building height,
4. Building mass and scale,
5. Hours of operation, exterior lighting, and siting of service areas, if applicable.

All development in the MPD shall comply with the development standards as established and adopted in the MPD development agreement.

1. The MPD master plan may include a conversion schedule that identifies the extent to which one (1) type of residential use may be converted to another type of residential use and one (1) type of nonresidential use may be converted to another type of nonresidential use (i.e., residential to residential, or nonresidential to nonresidential).
2. These conversions may occur within development areas and between development areas, if they occur within the same development phase, as identified by the approved development phasing plan, and are consistent with established extents of conversion set down in the conversion schedule.

1. Design and construction. The MPD master plan shall establish the responsibility of the developer/landowner to design and construct or install required and proposed on-site public facilities in compliance with applicable city, state, and federal regulations.
2. Dedication. The MPD master plan shall establish the responsibility of the developer/landowner to dedicate to the public the rights-of-way and easements necessary for the construction or installation of required and proposed on-site public facilities in compliance with applicable city, state, and federal regulations.
3. Modifications to street standards. In approving an MPD master plan, the city commission may approve modifications or reductions of city street design standards—including those for right-of-way widths, pavement widths, required materials, and turning radii—on finding that:
   1. The PD master plan provides for separation of vehicular, pedestrian, and bicycle traffic;
   2. Access for emergency service vehicles is not substantially impaired;
   3. Adequate off-street parking is provided for the uses proposed; and
   4. Adequate space for public utilities is provided.

The allowable uses in an MPD are identified in TABLE 2-1 and may be permitted subject to the MPD master plan. Allowed uses shall be established in the master plan and are subject to any use regulations applicable to the MPD district. Allowed uses shall be consistent with city regulations, and subject to additional limitations or requirements as may be agreed upon and established between the parties.

The densities for residential development and the intensities for nonresidential development applicable in each development area of the MPD shall be as established in the MPD master plan, and shall be consistent with Comprehensive Plan and Land Development Code.

The dimensional standards applicable in each development area of the MPD shall be as established in the MPD master plan. The MPD master plan shall include at minimum the following types of dimensional standards:

1. Minimum lot area;
2. Minimum lot width;
3. Minimum and maximum setbacks;
4. Maximum lot coverage;
5. Maximum building height;
6. Maximum individual building size;
7. Maximum gross floor area, and
8. Minimum setbacks from adjoining residential development or residential zoning districts.

The MPD shall give priority to preservation and interconnection of wildlife corridors and wildlife preservation areas, including below grade crossings, if necessary. Open space should, to the maximum extent reasonably possible, attempt to preserve the most important environmental features on the site in their natural state or restrict these areas for passive outdoor recreational purposes only.

MPDs within a development of regional impact (DRI) are exempt from the open space requirements of this section, provided that the MPD must comply and be consistent with the DRI development order.

1. Minimum required open space. An MPD shall be required to provide open space totaling forty (40) percent of the development's gross acreage. For a development with residential uses, at least twenty-five (25) percent of the total required open space shall be common areas accessible to the residents, customers, and invitees to the development. Additional open space shall be, where possible, located and designed to achieve the following:
   1. Provide areas for informal recreation and pathways;
   2. Connect to adjacent open space, parks, bike paths, or pedestrian paths;
   3. Provide natural greenbelts along roadways; and
   4. Buffer adjacent land uses where appropriate.
2. Open space requirement flexibility. As an alternative to meeting the open space percentage noted above, an applicant may propose alternative solutions such as, but not limited to, land donation, or other mechanisms that would justify decreasing the percentage standard.
3. Permitted uses of open space. The following type facilities and uses exemplify the resources permitted within what may be defined as required open space area:
   1. Pervious areas including, but not limited to, conservation of natural, archeological, and historical resources; and woodlands, wetlands, ponds, lakes, wildlife corridors, landscape, and similar environmental or conservation-oriented areas.
   2. Walking or bicycling trails or paths paved with pervious or semipervious materials.
   3. Passive recreation areas such as playgrounds which meet the following standards:
      1. Such areas do not exceed ten (10) percent of the required open space; and
      2. Such areas are located outside any conservation areas that include wetlands that qualify as moderate and optimal as defined in Article IV, Section 4.00.06.
   4. Easements for drainage and underground utility lines.
   5. Stormwater retention and detention ponds provided that same are designed and landscaped to serve as either passive or active recreation.
   6. Golf courses.
   7. Similar uses approved by the city commission.
4. Open space use prohibitions. The following shall not be counted to toward open space requirements:
   1. Roads and parking lots.
   2. Buildings, structures, and other impervious surfaces, except as necessary for residential walkways connecting to public sidewalks.
5. Common open space and improvements. All common open space, as well as public and recreation facilities, shall be specifically included in the development plan and master Planned Development Agreement.
   1. Common improvements associated with residential uses, including private or public parks, pools, recreation centers, or other facilities shall be constructed in conjunction with residential dwellings. Such facilities shall be completed at a rate equal to that which can serve the number of completed residential units in the MPD. No more than forty (40) percent of the units for which the improvements are intended shall receive building permits until the improvements are completed.
   2. Public improvements intended to be dedicated to the city must be supported by performance bonds issued to the city in a form and quantity acceptable to the city. The bond must be approved prior to the issuance of the first residential permit. If a project is phased, bonds shall only be required for those public improvements associated with or required for the phases under current development.
   3. Improvements may be completed in phases if the capacity for the improvement can serve the associated phase of development.
6. Conveyance and preservation of open space. Open space shall be preserved in perpetuity based upon the type of space and the user, as follows:
   1. Common open space, proposed for use of the master planned development owners and residents, shall ultimately be conveyed to a homeowners association or to a nonprofit organization whose principal purpose is the conservation of open space, to a corporation or trust owned or to be owned by the owners of the lots or dwelling units within the residential cluster development, or to owners of shares within a cooperative development. If such a corporation or trust is used, ownership shall pass with the conveyances of the lots or dwelling units. The proposed timing of the conveyance shall be consistent with applicable law and shall be included in the application for the MPD.
   2. Open space associated with natural features including, but not limited to, wetlands and other environmentally sensitive areas shall be preserved in perpetuity via a conservation easement on a form approved by the city that shall be recorded with the Flagler County Clerk.
7. Maintenance of common areas, stormwater conveyance system, and open space. Homeowners or property owners association bylaws and declaration shall be required for a master planned development project and shall identify the party(ies) or person(s) responsible for maintaining the common areas, stormwater conveyance system, and open space, including multiuse trails open to the public. If developer is unable to create an association at the time of rezoning, developer must provide alternative means of assurance that any common infrastructure will be maintained.

Master planned development review findings.

The planning and architectural review board and city commission shall consider the following criteria when reviewing a master planned development application:

1. Consistency with all adopted elements of the comprehensive plan and whether it furthers the goals and objectives of the comprehensive plan.
2. Consistency with the general intent of the LDC.
3. Degree of departure of the proposed development from surrounding areas and previous zoning districts in terms of character and density/intensity.
4. Compatibility within the development and relationship with surrounding neighborhoods.
5. Adequate provision for future public education and recreation facilities, transportation, water supply, sewage disposal, surface drainage, flood control, and soil conservation as shown in the development plan.
6. The feasibility and compatibility of development phases to stand as independent developments.
7. The availability and adequacy of primary streets and thoroughfares to support traffic to be generated within the proposed development.
8. The benefits within the proposed development to justify the requested departure from standard development requirements inherent in a Master Planned Development District classification.
9. The conformity and compatibility of the development with any adopted development plan of the City of Flagler Beach.
10. Impact upon the environment or natural resources.
11. Impact on the economy of any affected area.
12. Demonstrate consistency with the concurrency management plan.

Any planned development 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 ongoing venture at the time of the adoption of the ordinance from which this section is derived, will be governed by the ordinance(s) under which it was instituted and allowed to exist into perpetuity if the terms of said ordinance(s) and conditions thereof are met.

An ongoing MPD 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.

Should a projected development schedule date for the MPD or any stage or phase thereof not be substantially complied with within sixty (60) days following the applicable development schedule date then the MPD or stage or phase thereof may be deemed by the city commission after notice and hearing to have lapsed and been abandoned and all vested rights to development of the MPD insofar as the MPD 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 city commission as set forth below. The provisions of this section are specifically made applicable to any MPD which exists either in part or in its entirety on or after the effective date of this amendment.

1. Projected development schedule date extensions or amendment requests.
   1. A request for an extension or amendment to a previously approved MPD projected development schedule date which is otherwise not consistent with existing zoning regulations, zoning maps or comprehensive plan land use maps, building regulations, or other regulations of the City of Flagler Beach, shall be an amendment to the MPD and shall be considered in the same manner as the initial adoption of the MPD. In determining whether to grant or deny a requested extension of an established 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 MPD which are completed and in existence at the time of the request.

(Ord. No. 2024-06, § 1, 4-25-24)

Land Use Status Designations
Available for Consideration = A, Not Permitted = -