§ 72-289. Planned unit development regulations.

The following regulations apply to all planned unit developments (PUD) unless the specific type (i.e., RPUD, MPUD, BPUD or IPUD) is otherwise referenced.

(1)

Unified ownership. All land within the PUD shall be under the ownership of one person, either by deed, agreement for deed or contract for purchase. PUD applicants shall present either an opinion of title by an attorney licensed in Florida or a certification by an abstractor or a title company, authorized to do business in Florida, that, at the time of initial application, unified ownership of the entire area within the proposed PUD is in the applicant, or contract seller. Unified ownership shall thereafter be maintained until after the recording of the master development plan or final plat.

(2)

Commercial uses in a MPUD. Commercial uses and structures shall be located and designed primarily to serve the needs of the MPUD residents. Commercial areas should normally be located in an area accessible only from streets within the MPUD. When commercial uses or structures are approved as part of a MPUD, the commercial operation shall not begin until certificates of occupancy have been issued for all dwelling units in the total project, unless otherwise provided in the development agreement.

(3)

Utility distribution lines. All utility distribution lines within the PUD shall be located underground; however, those appurtenances requiring aboveground installations may be exempted by the county council.

(4)

Open space requirements. Twenty percent of an RPUD project or the residential portion of a MPUD containing residential uses shall be common open space. Common open space shall meet the following standards:

a.

It shall be dedicated by plat, deed or other suitable instrument to and usable by all residents of the RPUD/MPUD. Useable space may be in the form of active or passive recreational areas with residents having physical access to the space. Passive facilities such as picnic tables and nature trails shall be placed in a manner that functions with the site's natural amenities or recreational needs of future residents. Examples of active recreational useable space are playgrounds, free play areas, golf courses, nature trails, swimming pools and tennis courts.

b.

To further the county's efforts of tree protection, ten percent of common open space shall be preserved in a natural state (passive recreational uses may be permitted).

c.

Common open or public space should have the following qualities: Accessibility, visibility, security and interconnection (either physical or visual).

d.

Its location, shape, size and character shall be illustrated on the master development plan.

e.

Provisions for maintenance of the common open space shall be provided in the development agreement.

(5)

Procedure for rezoning to PUD.

a.

Preapplication stage. A preapplication meeting is required before a PUD rezoning application can be accepted. After the preapplication meeting, a sketch plan may be submitted for review and comment prior to filing the application for rezoning.

1.

Preapplication meeting. The preapplication meeting is intended to provide an opportunity for an informational exchange between the applicant and the administrative staff. It will be arranged by the department. No fee shall be charged. The applicant need not submit any plans or other information; however, the more information, such as sketch plans, proposed land uses, site information, adjacent land uses, and proposed density, that the applicant does submit, the more complete the responsive comment can be. As a minimum, the applicant will be advised of the usual procedures and requirements. Forms, application materials, guidelines, checklists, copies of the comprehensive plan, and of the zoning and subdivision regulations, will be made available at a reasonable cost.

2.

Sketch plan. After the preapplication meeting, a sketch plan may be submitted to the department. If submitted, written comments on the sketch plan shall be made by the department and any other interested departments within 30 days. The department shall coordinate this review. If submitted, a sketch plan shall indicate general land use categories and the approximate height, location, architectural character and density of dwellings and other structures. The sketch plan shall also show the tentative major street layout, approximate street widths, sites of schools, open space areas and parks, existing structures, waterways, wooded areas, wetlands, floodplain areas (if applicable), total acreage and existing zoning. Finally, it shall include a vicinity map and any other information deemed appropriate by the applicant.

Written comments on the sketch plan are informational only and are subject to change after a more detailed review of the rezoning application.

b.

RPUD application stage. An application for rezoning to RPUD, together with a master development plan (MDP) and such application fees as are set at the preapplication meeting, shall be submitted to the department. If a rezoning applicant desires concurrent review under the Land Development Code [article III], he shall so state at the time of application, and shall submit any additional information required by those regulations. The master development plan shall consist of a preliminary plan and a written development agreement. Those documents shall include the following information:

1.

Preliminary plan exhibits: The preliminary plan shall consist of the following:

i.

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

ii.

The date the plan was drawn, its scale and a north arrow.

iii.

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

iv.

Legal description of property, boundary survey and the location of all existing streets, buildings, railroads, bulkhead lines, easements and other important features in or adjoining the property.

v.

The general topography and physical conditions of the site, including natural areas of vegetation and type, general soil types, wetland areas, 100-year floodplain areas, watercourses, water bodies and natural drainage patterns.

vi.

Conceptual configuration of proposed streets, which depict access into and traffic flow within the development, with particular reference to the separation of vehicular traffic from pedestrian or other types of traffic.

vii.

General feasibility plans for potable water, sewage disposal and stormwater drainage.

viii.

Approximate location and area encompassed for each proposed land use within the development.

ix.

Approximate location and size of common open space.

x.

Such additional material, maps, studies or reports subsequently deemed necessary by any reviewing department or agency.

2.

Written development agreement. In addition to a preliminary plan, a written development agreement shall be prepared, following a general format supplied by the department at the preapplication meeting. The development agreement, along with the preliminary plan, shall govern the development of the PUD and shall regulate the future use of the land. The development agreement shall include any statements or information requested by any reviewing department or agency at the preapplication meeting, such as:

i.

Evidence of unified ownership and control.

ii.

Statement agreeing to:

A.

Proceed with the proposed development according to all regulations;

B.

Provide appropriate performance and maintenance guarantees;

C.

Follow all other provisions of this article to the extent not expressly inconsistent with the written development agreement, and bind the applicant's successors in title to his commitments.

iii.

The acreage and percentage of the total land area devoted to each of the proposed land uses.

iv.

Maximum density for each type of dwelling.

v.

Maximum building heights.

vi.

Minimum building spacing and floor areas.

vii.

Lot sizes, yard areas and buffer areas, including perimeter buffers.

viii.

Statement regarding the disposition of sewage and stormwater and arrangements for potable water.

ix.

When the PUD is planned for phase development, a schedule of the phases.

x.

The proposed language of any covenants, easements or other restrictions.

xi.

Any additional information or statements subsequently deemed necessary by any reviewing department or agency.

c.

BPUD, IPUD or MPUD application stage. An application for rezoning to BPUD, IPUD or MPUD, together with a master development plan (MDP) and such application fees as are set at the preapplication meeting, shall be submitted to the planning and zoning department. If an applicant for rezoning desires concurrent review under the Land Development Code [article III], he shall so state at the time of application and shall submit any additional information required by those regulations. The master development plan shall consist of a preliminary plan and a written development agreement. Those documents shall include the following information:

1.

Preliminary plan exhibits. The preliminary plan shall be drawn to an appropriate engineers scale to include the location and boundary of the site referenced by the legal description and boundary survey; the date the plan was drawn, its scale, and a north arrow; and the name, address and telephone number of the developer and his professional project engineers, architects and planners. In addition, the preliminary plan shall include all of the following, if applicable:

i.

The approximate size and location of all proposed buildings and other structures, the specified use of buildings and structures may be indicated, if known.

ii.

Generalized off-street parking and loading plans, including circulation plans for vehicular movement.

iii.

Driveway and access controls, including number and approximate location of driveways.

iv.

Approximate location, size and description of open spaces, landscaped areas or buffers.

v.

Approximate location and size of all easements, rights-of-way or drainage facilities and structures.

vi.

Approximate boundary lines and dimensions of parcels proposed to be subdivided.

vii.

The general topography and physical conditions of the site, including features such as water bodies, wooded areas, wetland areas, vegetation types, soils, 100-year floodplain areas and steep grades or depressions on the site.

viii.

General location of signs.

ix.

Any other conditions of development, specifications, limitations, constraints, standards or proposed physical features not specifically included in subsections i.—viii., above.

2.

Written development agreement. In addition to a preliminary plan, a written development agreement shall be prepared, following a general format supplied by the department at the preapplication meeting. The development agreement, along with the preliminary plan, shall govern the development of the BPUD, MPUD or IPUD and shall regulate the future use of the land. The development agreement shall include the following information:

i.

Evidence of unified ownership and control.

ii.

Statement agreeing to:

A.

Proceed with the proposed development according to all regulations;

B.

Provide appropriate performance and maintenance guarantees;

C.

Following all other provisions of this article to the extent not expressly inconsistent with the written development agreement, and bind the applicant's successors in title to his commitments.

iii.

A listing of the land uses agreed upon in each component of the BPUD, MPUD or IPUD.

iv.

Maximum building heights.

v.

Minimum building spacing and floor areas.

vi.

Lot sizes, yard areas and buffer areas, including perimeter buffers.

vii.

Statement regarding ingress/egress controls to the site.

viii.

Statement regarding any road improvements to be made and the thresholds for the traffic impact analysis.

ix.

Statement regarding the disposition of sewage and stormwater, and arrangements for potable water.

x.

When the BPUD, MPUD or IPUD is planned for phase development, a schedule of the phases.

xi.

The proposed language of any covenants, easements or other restrictions.

xii.

Any additional information or statements subsequently deemed necessary by any reviewing department or agency.

(6)

Post-approval stage.

a.

Recording MDP. After county council approval of the rezoning application to PUD, the preliminary plan, and the written development agreement, both signed by the chairman of the county council, and attested by the county manager, shall be recorded in the public records of Volusia County, Florida, at the expense of the applicant.

b.

Final site plan approval. After the MDP is recorded, a final site plan shall be prepared and submitted in the manner required by the Land Development Code [article III]. If the PUD includes a subdivision required to comply with the Land Development Code, preliminary and final plats of the subdivision portion may be submitted in lieu of the final site plan, for review and approval as governed under the Land Development Code.

c.

Construction. During construction, the zoning enforcement official shall enforce compliance with the approved final site plan or the final plat.

d.

Amendments. Minor amendments not altering the intent and purpose of the approved master development plan may be approved by the zoning enforcement official after such departmental comment as he deems appropriate. In order to facilitate minor modifications to an approved planned unit development, the zoning enforcement official may authorize administrative amendments which comply with the following criteria:

1.

There is no change in the approved land use(s) including the amount, configuration and location thereof, no increase in the number of dwelling units or amount of nonresidential floor area or acreage, or any associated characteristics of any use.

2.

Driveways and/or streets do not significantly alter the general distribution of traffic or modify public and/or private rights therein.

3.

There is no change to any condition(s) set forth by the county council in the resolution that approved the planned unit development zoning classification.

The zoning enforcement official is authorized to promulgate the rules and procedures necessary to implement a minor amendment within 30 working days from acceptance of an application the zoning enforcement official shall determine that the request is in compliance with the purpose and intent of this article, and shall approve the minor amendment; or that the application is not in compliance with this article and deny this application. The zoning enforcement officials will forward a written recommendation to the Volusia County Council. The council shall have ten working days from date of recommendation to review and comment.

(Ord. No. 84-1, §§ LX, LXI, 3-8-84; Ord. No. 86-16, §§§ XXIII—XXVI, 10-23-86; Ord. No. 87-14, § XVI, 6-18-87; Ord. No. 88-2, § XII, 1-19-88; Ord. No. 89-20, §§ XXXV—XXXVII, 6-20-89; Ord. No. 90-34, §§ 70—76, 9-27-90; Ord. No. 94-4, §§ LXXVII—LXXX, 5-5-94; Ord. No. 98-25, § XXXVI, 12-17-98; Ord. No. 2004-20, § V, 12-16-04; Ord. No. 2008-25, § II, 12-4-08; Ord. No. 2018-05, § V, 1-18-18)