DOW PUD Does Not Meet Legal Requirements -- City Commission Must Reject on First Reading -- No Favoritism For DAVID BARTON CORNEAL and His Gang of Four (DONALD CRICHLOW, PAUL WEAVER, JEREMY MARQUIS AND MARK KNIGHT)

CITY COMMISSION must reject Dow Planned Unit Development on first reading 7/27: it does not meet legal requirements. It would destroy our most historic residential neighborhood (Old City South) and HP-1 zoning. It would increase congestion. Anything less than a rejection on first reading would be a dereliction of duty and Commissioners' oath of office and potentially invite an FBI investigation.

DAVID BARTON CORNEAL (center) speaks with non-lawyer mouthpiece MARK ALAN KNIGHT (left), fired City Planning and Building Director, and ELLEN AVERY-SMITH (right), partner in Rogers Towers law firm.  (SAR)

PLANNED UNIT DEVELOPMENTS -- St. Augustine City Code of Ordinances
Sec. 28-286. - Intent.
The intent of a planned unit development (PUD) is to permit flexibility from the strict application of traditional zoning district regulations by identifying each waiver, variance or exception to such regulation and providing an alternative development condition for that specific PUD. A PUD is a zoning category that can be beneficially utilized in order to create site-specific regulations to address specific development or topographic conditions, historic or architectural features, existing structures, neighborhood patterns or transitioning uses of land. PUDs may be created as in-fill development or redevelopment, or may be developed as traditional residential subdivisions of vacant land. The regulations found in this section may be generally applicable to all PUDs, while others, such as section 28-291, are intended for traditional residential or mixed use subdivisions of vacant land. Amendments to existing PUDs shall comply with the same requirements as found herein for PUD rezoning.

(Code 1964, § 33-70; Ord. No. 05-37, § 1, 12-12-05; Ord. No. 2013-08, § 1, 5-13-13)

Sec. 28-287. - Defined.
A planned unit development (PUD) shall mean the zoning district for the development of a particular parcel of land under unified control which is planned and developed as a whole in a single or programmed series of operations and conditions, with uses and structures substantially related to the character of the entire development. A PUD, established pursuant to ordinance of the city commission, must also include an attached final development plan with specified development conditions and a program for the provision, maintenance and operation of all areas, improvements, facilities and necessary services for the common use of all occupants thereof. As a zoning district, the terms and conditions of a PUD shall be enforceable in the same manner as enforcement of all other city code provisions. All city rules, codes and regulations shall remain in full force and effect, and shall apply to the PUD unless a specific exemption, waiver or alternative condition is included in the approved PUD text and site development plan.

Sec. 28-288. - Permissible uses.
Any use which is permitted by the comprehensive plan may be included and approved in a PUD. Those uses allowed may be allowed in a PUD, but must be specifically identified in the PUD development narrative text. Such uses approved in conjunction with a PUD must provide a justification for the requested use and include defined development criteria in the PUD to mitigate any potential negative impacts of the uses.

(Code 1964, § 33-72; Ord. No. 05-37, § 1, 12-12-05)

Sec. 28-289. - Procedures, application requirements and narrative PUD text.
(a)
Application for rezoning to PUD. Each application shall identify and address applicable criteria to its specific plan of development. An application for rezoning to PUD shall proceed in general as for other applications for rezoning; and, in addition to the information usually required for such applications, the following shall be required:
(1)
Plats and/or metes and bounds description of the area within the PUD.
(2)
The name and address of the owner and, if applicable, evidence of the assignment of an agent who represents the owner.
(3)
Evidence of unified control of the entire area within the PUD with all owners within the area of same identified.
(4)
An agreement by all owners within the PUD which includes their commitment to:
a.
Proceed with the proposed development in accordance with the PUD ordinance and such conditions and safeguards as may be set by the city commission in such ordinance; and

Provide a written narrative PUD text that clearly identifies by corresponding numbered and lettered paragraphs responses to the following criteria:

1.

Consistency with every relevant goal, policy and objective of the Comprehensive Plan, including but not limited to density and intensity limitations of the Future Land Use Map category for the property; and

2.

For properties currently in the HP-1, HP-2, HP-3, HP-4 and HP-5 districts requesting rezoning to PUD, identification of the specific proposed benefits or enhancements to the property that promote the goals of these historic districts; and

3.

The need and justification for a rezoning to PUD or PUD amendment, including identification of each proposed development condition that would otherwise not be allowed under the existing zoning, including, but not limited to, maximum lot coverage, signage, setbacks, allowable zoning uses and uses by exception; and

4.

Compliance with the intent and criteria in section 28-286; and

5.

Compliance with section 28-288 and justification for any zoning uses; and

6.

The phasing of the PUD or PUD amendment, including all sub-phases; each phase addressing the types of approval required or obtained (i.e.: entry corridor, HARB, building plan, landscaping, etc.) and the proposed commencement and completion of such development according to the plans approved by such ordinance or other related permit; and

7.

Identification of the legally responsible entity or entities for continuing operations and maintenance to such areas, functions and facilities as are not to be provided, operated or maintained by the city pursuant to written agreement; and

8.

A termination date after which all or part of a PUD that has been abandoned by failure to timely commence and complete development of all or part of the phases of the PUD as identified pursuant to subsection (6) shall act as a reversion of the zoning to its pre-PUD zoning district for the areas not in compliance with the phasing schedule; and

9.

If a reversion to pre-PUD zoning district pursuant to subsection (8) would otherwise be inconsistent with the Comprehensive Plan in effect at the time of the reversion, said reversion shall not become effective unless a Comprehensive Plan amendment is duly adopted; and

10.

A signed statement voluntarily acknowledging and binding the applicant(s), property owner(s), and each of their successors in title, to every commitment made in their application and at hearing relating to the rights, terms, conditions and limitations of the PUD text narrative and final site development plan, including but not limited to the phasing, termination and reversion clauses.

(b)

Materials to accompany applications. An application for rezoning to PUD shall be accompanied by the following, in sufficient copies as deemed necessary by the planning and zoning board for referrals and recommendations:

(1)

Plans, maps, studies and reports, as may reasonably be required by the city commission and the planning and zoning board in order to make the findings and determinations called for in the particular case. For proposed PUDs currently zoned HP-1, HP-2, HP-3, HP-4 and HP-5, a streetscape demonstrating the size and scale of the project in context with the adjacent properties and existing historic district development patterns. The streetscape shall include at a minimum the subject block and facing block to illustrate how the proposed project meets the scale of the surrounding context. This streetscape requirement is not mandatory for projects that create no visual impact to the exterior of an existing structure. Structural changes in roof lines, exterior facades and elevations and any exterior additions or reconfigurations may require a streetscape, as deemed necessary by staff or the historic architectural review board concurrent with project details.

(2)

A written PUD text narrative compliant with all parts of sections 28-286 through 28-291, as applicable. Such PUD text narrative shall also include as an exhibit a final site development plan at an appropriate scale and consistent with the terms of the PUD text narrative, an introductory statement explaining the intended plan of development, clearly indicating where approval of the rezoning to PUD or PUD amendment will benefit the future occupants of the proposed development, will be compatible with the adjacent neighborhood, and will forward the goals, policies and objectives of the city in general. Such justification shall be based on the intent of the PUD, consistency with the Comprehensive Plan, and compliance with all requirements of rezoning to PUD or PUD amendment as found herein.

(3)

A final site development plan at an appropriate scale supporting the above statement illustrating:

a.

The location, grouping and height of all uses and facilities.

• b.

  In the case of residential development, the number of residential units, their location and number of stories.

  c.

  A multi-modal circulation system including any vehicular, public transit, pedestrian and bicycle access points, driveways, walkways or crosswalks, parking areas, transit shelters or bus stop loading areas, bicycle racks, and rights-of-way, streets or sidewalks to be dedicated.

  d.

  A system of open space and recreational uses, with the acreage to be dedicated and that to be retained in common ownership.

  e.

  A topographic map at an appropriate scale showing contour lines, including all existing buildings and wooded areas.

  (4)

  Statements indicating how the problems of maintenance and ownership of common facilities will be resolved.

  (5)

  A schedule of development, including the staging and phasing of:

  a.

  Areas to be developed, in order of priority; and

  b.

  The construction of streets, utilities and other improvements necessary to serve the proposed development; and

  c.

  The dedication of land to public use, if any.

  (6)

  Each of the above elements shall be listed as to their relative order of improvement with an estimated time schedule for their accomplishment. It is, among other things, the intent of this requirement that the schedule of development be such that a staged implementation of the PUD would not result in land use conditions which would establish a precedent for the use of adjoining undeveloped property for purposes other than that shown on the approved PUD.

  (7)

  Developer neighborhood notice. At the time of filing a PUD or PUD amendment application, the applicant must submit to the city's planning department a copy of the developer neighborhood notice mailed to the Neighborhood Council of St. Augustine, Inc., or its successor, by regular U.S. mail at the current mailing address provided to the Florida Department of State, Division of Corporations, as made available on that agency's website. The developer neighborhood notice shall include the following information:

  a.

  The project name, property owner(s) and applicant(s); and

  b.

  The existing zoning and requested rezoning, the physical address or location of the project, and a brief description of the application request; and

  c.

  The developer's project coordinator contact information, including name, mailing address, telephone number and email address; and

  d.

  The following statement in prominent font:

  "Please contact the developer's project coordinator directly if a courtesy neighborhood informational meeting is requested of the developer. The courtesy neighborhood informational meeting will be presented by the developer, not by City staff. It is not an official City meeting or hearing on the project application. The developer neighborhood notice is not intended to be a legal notice, nor should it be relied upon to provide affected party status or standing. The developer neighborhood notice is an additional, courtesy informational tool provided to the public to facilitate early, voluntary and direct communication between the City's neighborhoods and PUD development applicants. This document was prepared by the developer and the City does not warrant its accuracy. The official complete application public record will be available for review after filing at the City of St. Augustine Planning and Building Department, 75 King Street, St. Augustine, Florida, during regular office hours." 

  e.

  In addition to the developer neighborhood notice, the city planning and zoning department may provide additional courtesy information regarding pending applications to individuals and organizations that request it or as part of the city's public information outreach initiative. Such additional courtesy information may be provided in person, by U.S. regular mail, electronic mail or posting on the city's website, as reasonably practicable. This additional courtesy information is not intended to be a legal notice, nor should it be relied upon to provide affected party status or standing.

  (c)

  Action by the planning and zoning board and the city commission. Following the public hearing as required for all applications for rezoning, the planning and zoning board may recommend and the city commission may enact an ordinance establishing a PUD, including any special conditions related thereto, based upon findings that:

  (1)

  No adverse effect finding. The proposed PUD does not adversely affect the orderly development of the city, the health and safety of residents in the area, the natural environment, the use and development of adjacent properties or the general neighborhood.

  (2)

  Consistency with the Comprehensive Plan and PUD regulations finding. The proposed PUD is consistent with the comprehensive plan and meets the intent and criteria of sections 28-286 through 28-291, as applicable.

  (3)

  Need and justification finding. In order to permit the use of more flexible land use regulations and the most advantageous techniques of land development, the PUD must affirmatively comply with each applicable PUD regulation found in this section and clearly identify the need and justification for rezoning to PUD. The objective of a PUD is to encourage ingenuity, imagination and design efforts on the part of builders, architects, site planners and developers to produce residential, commercial, industrial or institutional developments, or combinations thereof, that effectively integrate existing historic and neighborhood patterns, or effectively transition between adjacent development uses.

  (4)

  Site-specific conditions and mitigation finding. The site-specific development conditions for the proposed PUD:

  a.

  Permit a creative approach to the development of land; and

  b.

  Accomplish a more desirable environment than would be possible through the strict application of the existing zoning district requirements; and

  c.

  Provide for an efficient use of land; and

  d.

  Improves the appearance of the area through the preservation and enhancement of historic and natural features, recreation areas and open space, and effectively transition from existing development patterns to the PUD; and

  e.

  Provide an environment of stable character compatible with surrounding areas; and

  f.

  Retain property values over the years.

  (d)

  A PUD or PUD amendment shall first be reviewed by the planning and zoning board, followed by review by the historic and architectural review board if such review is required. The city commission may remand a PUD application for further review by its planning and zoning board or historic architectural review board, such review shall be limited to the scope of review as expressed by the city commission. The city commission may expressly limit the additional review to only one such agency, after which the PUD application shall be promptly scheduled for further action by the city commission. Nothing in these regulations is intended to remove the historic and architectural review board's reviewing authority after a property has been rezoned to PUD.

  (e)

  Deviations from ordinance creating PUD. In order to facilitate minor adjustments to the plans approved as part of the ordinance creating a PUD, the city commission may approve changes in such plans, without the adoption of an ordinance to modify the PUD ordinance, if as a result of such changes:

  (1)

  There are the same or fewer number of dwelling units and/or floor area; and

  (2)

  The open space is in the same general location and in the same general amount, or a greater amount; and

  (3)

  The buildings have the same or less number of stories and/or floor area; and

  (4)

  The roads and drives follow approximately the same course and have the same public or private rights therein.

  (f)

  Expiration of time limits provided in ordinance creating a PUD. If development actions required by the ordinance creating a PUD are not taken within eighteen (18) months from the date of approval by the city commission, such ordinance shall become invalid and no further action shall be permitted under same.

  (Code 1964, § 33-73; Ord. No. 05-37, § 1, 12-12-05; Ord. No. 2013-08, § 1, 5-13-13)
• Sec. 28-290. - Implementation of a PUD.
  
  (a)

  Development plan. The final development plan shall be attached to the PUD ordinance as an exhibit and shall be the only development plan associated with the PUD unless and until an amendment to the PUD is pursued via amendment to the PUD ordinance or via minor amendment procedures.

  (b)

  Record plats. If the PUD ordinance requires the recording of record plats, such plats shall be submitted to the city commission for final approval.

  (c)

  Approval of development plans. The planning and building department shall review all development plans; and, if found in compliance with this Code, and the PUD ordinance shall approve same.

  (d)

  Permits required. All construction in the development of a PUD shall proceed only under applicable permits issued by the planning and building department; and no building permit, certificate or other document authorizing construction or occupancy within a PUD shall be issued, except in accordance with the approved PUD ordinance and all regulatory provisions in existence at the time of the permit except as otherwise exempted or waived in the PUD text.

  (Code 1964, § 33-74; Ord. No. 05-37, § 1, 12-12-05; Ord. No. 2013-08, § 1, 5-13-13)
• Sec. 28-291. - Standards and criteria for stand-alone residential and mixed use PUD subdivisions.
  
  The following performance standards are intended for standalone residential and mixed use PUD subdivisions. These projects typically include exclusively residential uses or mixed use projects developed on vacant parcels with defined boundaries and a self-contained subdivision identity separated from adjacent properties through a visible perimeter break. 

  (1)

  Density of developments. The total ground occupied by buildings and structures for residential use shall not exceed thirty-five (35) percent of the total ground area of that portion of the PUD devoted to residential use. The density and intensity of development within a PUD shall be consistent with the density and intensity allowed within the City of St. Augustine Comprehensive Plan.

  (2)

  Open space. The PUD may include residential lots of smaller size than would be permitted by the zoning regulations otherwise applicable to the site, provided the overall density is not increased. The excess land shall be utilized as open space. The open space shall be utilized as a park, for either passive or active recreation or as a conservation area. The open space shall either be dedicated to the City of St. Augustine or be maintained by a community association composed of residents of the PUD. Land recorded as open shall not be encroached upon by any residential, commercial or industrial, primary or accessory use.

  (3)

  Waiver of yard, dwelling unit, frontage criteria and use restriction. Minimum yard, lot size, type of dwelling unit, height and frontage requirements and use restrictions are waived for the PUD, provided the spirit and intent of this chapter is complied with in the total development of the PUD. However, the City Commission of St. Augustine may, at its discretion, require adherence to minimum zone requirements within certain portions of the site if deemed necessary in order to maintain the spirit and intent of this chapter.

  (4)

  Support legal documents for open space. Legal documents which assure adequate management and maintenance of the open space area must be provided by the developer for all areas proposed for common ownership by the residents of the PUD. Legal instruments provided for dedications, covenants, community associations and subdivision controls shall:

  a.

  Place title of common property in a form of common ownership by the residents of the PUD; e.g., a duly constituted and legally responsible community association, cooperative, etc.

  b.

  Appropriately limit the use of common property.

  c.

  Place responsibility for management and maintenance of common property. The St. Augustine City Commission, at its discretion, may require the applicant to enter into a contract with St. Augustine for maintenance of commonly held properties.

  d.

  Place responsibility for enforcement of covenants.

  e.

  Permit the subjection of each lot to assessment for its proportionate share of maintenance costs.

  (5)

  Access. Access to each single family dwelling unit shall be provided via either a public right-of-way or a private vehicular or pedestrian way owned by the individual lot owner in fee or in common ownership with the residents of the PUD.

  (6)

  Privacy. Each dwelling unit within the PUD shall be provided visual and acoustical privacy. Fences, walks and landscaping shall be provided for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses and reduction of noise.

  (7)

  Community facilities:

  a.

  All utility facilities proposed for dedication to St. Augustine must be acceptable by the city as to the size, shape and location, and shown by the applicant to be of benefit to the general public.

  b.

  All requirements for off-street parking and loading (article IV, division 2) shall apply to the PUD unless otherwise waived or modified.

  c.

  Access and circulation shall adequately provide for firefighting equipment, furniture moving vans, fuel trucks, refuse collection, deliveries and debris removal.

  d.

  All PUD's shall provide for underground installation of utilities, including telephone, power and cable television in both public and private rights-of-way. Provisions shall be made for acceptable design and construction of storm sewer facilities, including grading, gutters, piping and treatment of turf to handle stormwaters and prevent erosion and formation of dust.

  e.

  Specifications for street design, publicly used driving and access aisles, sidewalks and pedestrian walkways, including those providing interconnectivity between phases of the PUD or between the PUD and adjacent properties, shall conform to the rules and regulations adopted by the City of St. Augustine.

  (Code 1964, § 33-75; Ord. No. 05-37, § 1, 12-12-05; Ord. No. 2013-08, § 1, 5-13-13)