§ 3.06.11. A1A Scenic corridor overlay district.

A.

Purpose and applicability. The purpose of the A1A Scenic Corridor Overlay (SCO) district is to protect and enhance the natural and man-made environments of this unique and special portion of Flagler County, thereby preserving quality of life and property values within the corridor.

The requirements of this Section shall apply to all parcels or lots adjoining State Road A1A including its right-of-way from the Northern border of the Town of Beverly Beach to the Southern border of the Town of Marineland and also including all parcels or lots adjoining 16th Road east from A1A to the Ocean, Mala Compra Road, Bay Drive and Jungle Hut Road, including subsequent divisions or lot splits of said parcels or lots existing as of December 21, 2001. The sum of this area shall be referred to as the A1A Scenic Corridor for purposes of this section.

The requirements of this section are supplemental to existing zoning regulations within the area defined above. All development must be in compliance with the standards of the underlying zoning district and the additional requirements or relief of the overlay district. In the event of any conflict between the provisions of this section and other requirements of this article, the provisions of this section shall prevail.

B.

Architectural standards. This subsection applies to nonresidential development within the A1A corridor.

1.

Commercial metal buildings shall be prohibited in the A1A Scenic Corridor.

2.

Building lengths along the front dimension of the property may not exceed two hundred (200) feet.

3.

For purposes of this section, a recognized architectural style shall be one which is recognized by design professionals as having a basis in classical, historical or academic architectural design philosophies. The following shall not be considered acceptable architectural styles within the A1A Scenic Corridor:

a.

Corporate signature or commercial prototype architecture.

b.

Any architecture that is exotic and clearly out of character with the A1A community character. Examples of exotic and unacceptable architecture include architecture that does not resemble a typical structure, but resembles out-of-place structures like igloos, tepees, medieval castles, caves and the like; or that resembles an exaggerated plant, animal, fish, edible food or other such item such as giant oranges, ice cream cones, dinosaurs and the like. This subsection shall not apply to public improvements that are consistent with the A1A Corridor Management Plan as interpreted by the Corridor Management Entity.

4.

Accessory structures. These structures shall be similar in style, color, and building material to their principal structures.

5.

Exterior walls. All exterior walls shall be constructed of finished materials such as stucco, natural brick or stone, finished concrete, horizontal wood siding or other similar material including synthetic materials similar in appearance and durability. Exposed smooth concrete block or metal finishes shall not be permitted, except where determined to be an integral feature of a recognized architectural style. For any facade facing a street, parking lot or residential property line, wall planes need to be encouraged punctuated by two (2) or more of the following techniques:

a.

Use of windows of style and proportions in keeping with the chosen architectural style. Retail establishments must incorporate store front windows at pedestrian level where adjacent to streets or interior sidewalks.

b.

Use of ground level arcades or porches.

c.

Use of protected or recessed entries.

d.

Use of vertical elements (including architectural features such as pilasters, columns, canopies, porticos, arcades, colonnades and/or parapets) on or in front of expansive blank walls to interrupt facades into modules of less than sixty (60) feet.

e.

Use of multiple wall plane offsets and projections of at least three (3) feet each.

f.

Retaining a clear distinction between roof, body and base of a building.

6.

Roofs: The use of hip or gable roofs is highly encouraged. Pitches in excess of 6:12 are desirable. The use of dormers, metal roof material, or dimensional shingles help break large roof planes. Flat roofs shall include parapet or partial roofs to provide architectural interest and to screen rooftop equipment when viewed at the property lines from standing height.

C.

Dumpster and waste containers. Dumpster and waste containers shall be screened by a wall or a fence with vegetative screening around it. The vegetative screening shall be installed on at least three (3) sides of the utility equipment, and shall be located outside any wall or fence. Such vegetative screening shall include shrubs which will achieve a height of five (5) feet within one (1) year, planted with a spacing not exceeding five (5) feet on center, or as an alternative, another form of vegetative screening that creates an effective visual screen.

D.

Loading docks. Loading docks in the A1A Scenic Corridor shall be located or constructed at the rear of the building, and shall be oriented as much as possible as to be concealed from adjacent residential uses.

E.

Access standards. The county shall strive to limit new access points to SR A1A through the use of shared access, secondary access between adjacent uses, and reasonable spacing between primary access points. The following standards shall be applied to reduce traffic congestion and safety issues, reduce the amount of pavement in driveways, as well as to reduce the visual impacts of strip development caused by multiple access points.

1.

For corner parcels less than one (1) acre in size, access only from local streets shall be allowed.

2.

A single, multi-use driveway connection to A1A shall be required to serve adjacent commercial uses unless one (1) of the uses is an existing site with a driveway access not located along the joint property line. In cases where such multi-use driveway would result in the removal of a protected tree with a caliper greater than sixteen (16) inches, it need not be located along the joint property line.

3.

Driveway pavement width for access ways shall not exceed twenty-four (24) feet, excluding landscape medians and appropriately designed aprons and needed turn lanes, unless it is determined by the county administrator or his/her designee that wider pavement width is needed to accommodate needed turning radii. Pavement width may exceed twenty-four (24) feet when a curbed median strip with shade trees spaced every twenty-five (25) feet are provided, but driveway lanes may not exceed twelve (12) feet in width excluding appropriately designed aprons and needed turn lanes.

4.

Cross-access. New nonresidential site plans must provide vehicular and pedestrian cross-access to existing and future adjacent development. Cross-access shall take the form of an interconnection between parking lot access aisles located at least fifty (50) feet from the r/w line of A1A for nonresidential sites and at least twenty-five (25) feet from the r/w line of A1A for residential developments. Residential subdivisions must provide vehicular cross-access with adjacent residential subdivisions and pedestrian access to commercial areas.

F.

Parking standards. The following standards shall help to reduce the amount of paved parking areas and visual blight associated with commercial parking needs.

1.

During the site plan review process, the County may allow minimum parking requirements to be reduced by up to twenty-five (25) percent for complementary uses (weekday and evening/weekend uses), when such uses can share their available parking areas, and such parking areas are convenient to the associated uses.

2.

Shell parking or similar approved porous surfaces shall be allowed for uses with less than ten (10) required parking spaces, if it is determined by the county engineering department that such an arrangement will not create significant erosion, drainage, or fugitive dust problems. For uses that require ten (10) or more parking spaces, up to twenty (20) percent of required minimum parking spaces may be porous. All development must pave required handicapped spaces as well as aisles and sidewalks to building entrances.

G.

Utility service drops. Utility service drops shall be installed underground and shall be done in a manner, which protects index trees.

H.

Variances. Variances shall be available under the Flagler County Land Development Code, Section 3.07.03 Procedure for variances and special exceptions, provided however, in considering variance applications, consideration and flexibility shall be extended to adjust setbacks, structures and parking in order to preserve an index tree canopy. Further, the provisions of this section are not intended to deprive an applicant from seeking a special exception where not otherwise in conflict with this section.

I.

Relationship to other requirements. This section is supplemental to all other requirements of existing adopted ordinances and codes provided that all portions of codes or ordinances that are in conflict with this section are superseded only in the application and only to the extent of the conflict provided however, that where a provision of this section conflicts with a provision of a previously approved development of regional impact development order, the provision of this section shall not apply.

J.

Vesting. The provisions of this section shall apply to all new construction and any particular use not in existence on any particular lot or parcel on the effective date of this section.

1.

Projects deemed vested.

(a)

Projects having received a building permit prior to the effective date of this section shall be allowed to complete construction under the terms of that permit so long as the permit remains valid.

(b)

Any project having an approved site development plan post adoption of the Land Development Code; or detailed engineering plans, specifications and calculations prepared in accordance with county and other applicable regulations, codes and standards, which sets forth the specific improvements to be made in conjunction with development as they affect the existing site, its boundary conditions, landscaping plans and tree coverage, shall be deemed to be vested.

2.

Vesting under Florida Law. Projects or project plans that would be vested by operation of Florida Law by the preponderance of evidence submitted by the applicant, may be found to be vested under this section by the county administrator.

3.

Determination of vested rights. An Applicant may apply for a vested rights determination under paragraphs J.1.(b) and J.2. above by submitting an application with the following minimum documentation to the county administrator, or a county official as designated by the county administrator:

(a)

The name and address of the applicant, who is or shall be the owner(s) or an authorized agent on behalf of the owner(s). If the property is owned by more than one (1) person, all owners or an authorized agent of the owners shall apply.

(b)

A legal description, deed, and survey of the property in question.

(c)

The name and address of each owner(s) of the property.

(d)

A site or development plan or plat for the property.

(e)

(For J.2. applications only) A memorandum of law specifically citing all applicable law supporting vesting and a description of how each element requirement thereof is met.

(f)

Substantial competent evidence of each fact alleged to support this vesting claim.

(g)

Any other relevant information that the county administrator requests of the applicant.

4.

Basis and burden of proof. The determination of vested rights shall be based upon factual evidence provided to the county administrator or designee. Each vesting determination shall be based on an individual case-by-case basis. The applicant shall have the burden of proof to demonstrate vested rights pursuant to the requirements of Florida law.

5.

Appeals. An appeal of the denial of a vesting determination may be made to the board of county commissioners within thirty (30) days of receipt of written notification to the county administrator. All appeals of vesting determination shall be granted only by the board of county commissioners.

6.

Fees. The board of county commissioners may determine appropriate fees for vesting determinations and appeals; such fees shall be made by board resolution.

(Ord. No. 04-11, § 2, 8-16-04)