§ 62-1467. Same—Approval of RPUD development plan.

(a)

Pre-application conference. Before submission of a application for approval of a RPUD development plan, the developer and the registered professional engineer, and licensed landscape architect, architects, or site planner shall meet with the zoning official and such other county personnel in a team review setting that includes the land development department, the department of natural resources, the public works department, the metropolitan planning organization, and others designated by the county manager, as necessary to determine the feasibility and suitability of the application. This step is necessary so that the developer may obtain information and guidance from county personnel before entering into any further binding commitments or incurring substantial expenses of site and plan preparation.

A sketched site analysis plan, at a minimum scale of 1 inch equals 200 feet, shall be created by the applicant for this pre-application conference and shall include the following information to facilitate productive planning discussion and preliminary comments:

(1)

The boundaries of the project shown with all existing easements, streets, the existing zoning, the zoning of all abutting properties, and the name and location of adjoining developments and subdivisions.

(2)

A contour map based at least upon topographical maps published by the U.S. Geological Survey;

(3)

The location of constraining elements such as slopes, ridges, and dunes (over 15 percent), wetlands, watercourses, intermittent streams and 100-year floodplains, and all rights-of-way and easements;

(4)

Soil boundaries as shown on the Soil Survey of Brevard County, Florida, USDA Soil Conservation Service; and

(5)

The location of features such as woodlands, tree lines, open fields, groves, pastures, meadows, scenic views into or out from the property, existing watershed divides and drainage ways, fences or dunes, ridges, rock outcrops, and all existing structures, signs, billboards, roads, tracks and trails, and any sites listed on the Florida Natural Areas Inventory.

(6)

The general location of vehicular and pedestrian circulation systems, including pedestrian ways, sidewalks, bikeways, multi-purpose trails, greenways, and their internal and external continuous physical linkages.

(7)

Site data including total gross acres and acreage devoted to each type of primary residential and secondary nonresidential uses, and the total number of dwelling units.

(8)

Proposed common open space, including greenways and recreation areas.

(9)

Delineation of potential stages.

(10)

Proposed corridors of drainage, natural drainage areas, and areas which are to function as retention lakes, ponds, and on site wetland mitigation areas.

(11)

The general location within the site of primary residential and secondary nonresidential use, and the proposed amount of land to be devoted to individual ownership.

(b)

RPUD Development application.

(1)

Generally. A RPUD development application shall be submitted to the county by the developer requesting approval of the site as a RPUD zone. The RPUD development application shall contain the name of the developer, the surveyor, the professional engineer, and licensed landscape architect, who prepared the development plan and topographic data map, and the name of the proposed RPUD.

(2)

Exhibits; contents of RPUD development plan. The following exhibits shall be attached to the RPUD development application:

a.

A vicinity map indicating the relationship between the planned unit development and its surrounding area, including adjacent streets and thorough-fares.

b.

A RPUD development plan that shall contain but not be limited to the following information:

1.

The proposed name or title of the project, and the name of the professional engineer, and licensed landscape architect, architect and developer.

2.

North arrow, scale (one inch equals 100 feet or larger), date and legal description of the proposed site.

3.

The boundaries of the stages and tract(s) shown with bearings, distances, closures and bulkhead lines, all existing easements, section lines, and all existing streets and physical features in and adjoining the project, and the existing zoning and the zoning of all abutting properties.

4.

The name and location of adjoining developments and subdivisions, and if required by sections 62-1461—62-1470, show all directly abutting residential subdivision lot sizes, lot widths and lengths, residential unit sizes and heights, and the overall residential density of the existing subdivision.

5.

Proposed parks, school sites or other public or private open space.

6.

Vehicular and pedestrian circulation systems, including off-street parking and loading areas, driveways and access points, pedestrian ways, sidewalks, bikeways, multi-purpose trails, greenways, and their internal continuous physical linkages. External and continuous physical linkages of pedestrian ways, sidewalks, bikeways, greenways, and multi-purpose trails to existing public right of way, approved bikeway plan, or any county adopted open space or pedestrian/bike way plan shall also be shown.

7.

Site data, including tabulation of the total number of gross acres in the project, the acreage to be devoted to each of the several types of primary residential and secondary nonresidential uses, and the total number of dwelling units.

8.

Proposed common open space, including greenways, and the proposed improvements and any complementary structures and the tabulation of the percent of the total area devoted to common open space. Areas qualifying as common open space shall be specifically designated on the site plan.

9.

Delineation of specific areas designated as a proposed stage(s) and tracts.

10.

A general statement, including graphics, indicating proposed corridors of drainage and their direction, natural drainage areas, specific areas which are to function as retention lakes or ponds, anticipated method for accommodating runoff (curb and gutter, swales or other method), and treatment methods for discharge into area waterways for the site to ensure conformity with natural drainage within the vicinity area or with the drainage plan established within the vicinity area.

11.

The general location within the site of each primary residential and secondary nonresidential use, and the proposed amount of land to be devoted to individual ownership.

12.

The proposed method of dedication and administration of proposed common open space.

(3)

Submittal.

a.

The RPUD development plan shall be submitted to the county.

b.

The application shall include 18 black or blue line prints, at scale of 1 inch equals 100 feet, of the RPUD development plan and any required exhibits.

(4)

Review procedure.

a.

The RPUD development plan shall be reviewed formally by county staff as designated by the county manager as necessary to determine the consistency of the plan with county plans and policies after approval of the RPUD zoning application.

b.

Upon completion of its review, the county staff, as designated by the county manager, shall approve, approve subject to conditions, or disapprove of the RPUD development plan application.

(5)

Review criteria. The decision of the county staff on the RPUD development plan application shall include the findings of fact in a written report that serve as a basis for its decision. In making the decision, the county staff shall consider the following facts:

a.

Degree of departure of the proposed RPUD from surrounding residential areas in terms of character and density.

b.

Compatibility within the RPUD and relationship with surrounding neighborhoods.

c.

Prevention of erosion and degrading of surrounding area.

d.

Provision for future public education and recreation facilities, transportation, water supply, sewage disposal, surface drainage, flood control and soil conservation as shown in the RPUD.

e.

The design, location, nature, intent and compatibility of common open space and greenways, including the proposed method for the maintenance and conservation of the common open space.

f.

The feasibility and compatibility of the specified stages and tracts contained in the RPUD development plan to exist as an independent development.

g.

The availability and adequacy of water and sewer service to support the proposed RPUD.

h.

The availability and adequacy of primary streets, thoroughfares, sidewalks, bikeways, multi-purpose trails, and their continuos physical linkages to support pedestrian, bicycle, and vehicular traffic generated internal to, and external from, the proposed RPUD.

i.

The benefits within the proposed development and to the general public to justify the requested departure from the standard land use requirements inherent in a RPUD classification.

j.

The conformity and compatibility of the RPUD with any adopted comprehensive land use plan of the county.

k.

The conformity and compatibility of the proposed common open space with the primary residential and secondary nonresidential uses within the proposed RPUD.

l.

The consistency of the proposed RPUD development plan application materials and site plan with section 62-1446 and subsection 62-1463(d)(1—3).

(6)

Appeals procedure. Any decision made by county staff on the RPUD Development Plan may be appealed to the board of adjustment consistent with the appeal procedure specified in section 62-214.

(7)

Record of RPUD development plan. If the RPUD development plan application is approved by county staff, as designated by the county manager, a copy of the application and required exhibits shall be maintained within the zoning division of the county.

(8)

Amendment to approved RPUD development plan. If, after the initial approval of the RPUD development plan, should the owner or applicant or his successors desire to make any changes to the RPUD development plan, such changes shall first be submitted to the county. If the zoning official deems there is a substantial change or deviation from that which is shown on the RPUD development plan, the owner or applicant shall be requested to return to the county staff, as designated by the county manager where it is determined that the public interest warrants such procedure. For purposes of this subsection, a substantial change shall be defined as a change which increases the density or intensity of the project, that does not exceed future land use category limits per the Comprehensive Plan, or decreases the amount of buffer areas from adjacent property, or residential lot sizes along perimeter buffer areas, or decreases the amount of common open space. The zoning director shall have the authority to approve changes not determined to be substantial as defined in this subsection.

(Ord. No. 2000-61, § 8, 12-7-00)