CHAPTER2.5 Chapter 2.5
PLANNED UNIT DEVELOPMENTS
Sec. 1. Intent and purpose A. Is land under unified control, planned and
Sec. 2. Definition developed as a whole in a single development
Sec. 3. Nomenclature operation of an approved programmed series of
Sec. 4. Relation of land use intensity (LUI) ratings development operations for dwelling units and related
to regulations uses and facilities;
Sec. 5. Minimum land areas for PUD
Sec. 6. Unified con trol B. Includes principal and accessory uses and
Sec. 7. Uses permitted structures substantially related to the character of the
Sec. 8. Locational standards for PUD's development itself and the surrounding area of which
Sec. 9. Internal PUD standards it is a part;
Sec. 10. Procedures for zoning of land to PUD
Sec. 11. Preliminary and final development plans C. Is developed according to comprehensive
Sec. 12. Plan modification and detailed plans which include streets, utilities, lots,
Sec. 13. Zoning administrator building sites and the like and site plans, floor plans
and elevations for all buildings except for single
family homes intended to be locate d, constructed,
Sec. 1. Intent and purpose. used and related to one another, and detailed plans for
other uses and improvements on the land related to
A Planned Unit Development District (PUD) is the buildings;
established. It is intended that this district be utilized
to promote efficient and economical land use, D. Includes a program for full provision,
improved amenities, appropriate and harmonious maintenance and operation of such areas,
variety in physical development, creative design, improvements, facilities and unit development, but
improved living environment, orderly and will not be provided, operated or maintained at public
economical development in the city, and the expense.
protection of adjacent and existing and future city
development. The district is suitable for
development, redevelopment and conservation of Sec. 3. Nomenclature.
land, water and other resources of the city.
The boundaries of land zoned to PUD
Regulations for planned unit developments are classification shall be indicated on the official zoning
intended to accomplish the purposes of zoning, map with the symbol “PUD” together with the land
subdivision regulations and other applicable city use in tensity (LUI) rating assigned at the time of
regulations to the same degree that they are intended zoning, which shall be used for such lands.
to control development on a lot - by - lot basis. In view
of the substantial public advantages of planned unit
development, it is the intent of PUD regulations to Sec. 4. Relation of land use intensity (LUI)
promote and encourage development in this form ratings to regulations.
where tracts suitable in size, location and character
for the uses and s tructures proposed are to be planned The land use intensity (LUI) rating assigned at
and developed as unified and coordinated units. the time of zoning land to PUD correlates fo r the
project the required land area, floor area, open space,
living space, recreation space, off - street parking and
Sec. 2. Definition. other matters. The various ratios, based on LUI
ratings, shall be as shown on Table 1.
A “planned unit development”:
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TABLE 1
L UI RATINGS WITH STANDARD RATIOS
LUI LUI LUI LUI LUI
3.00 4.00 5.00 6.00 7.00
Minimum lot area (in
acres) - Residential
uses only: 25 20 15 10 5
Minimum lot area
(in acres) - With
commercial uses: 100 80 60 40 20
Maximum percent of
total land area which
m ay be used for
commercial purposes: 5 5 6 8 10
Floor area ratio (FAR):* 0.10 0.20 0.40 0.80 1.60
Open space ratio (OSR): 8.00 3.80 1.80 0.80 0.43
Living space ratio (LSR): 6.20 2.60 1.10 0.50 0.27
Recreation space ratio (RSR): 0.25 0.18 0.12 0.09 0.07
*As indicated and referenced by HUD Publication #7.
Minimum standards for multi - family housing shall be those minimum standards as set forth in the Standard
Building Code.
Application of above ratios:
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FAR lot area = Maximum permitted floor area.
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Actual floor area OSR = Minimum required open space.
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Actual floor area LSR = Minimum required living space (not for automobiles), part of required open
space.
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Actual floor area RSR = Minimum countable recreation space, part of required livi ng space.
Floor area as computed from FAR, shall include the floor area of all permitted principal or accessory uses
except areas for parking, storage, elevator hoist equipment or machinery, heating or air conditioning equipment,
and the like; and requir ements deriving from floor areas shall include such floor area.
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Sec. 5. Minimum land areas for PUD. Sec. 7. Uses permitted.
A tract of land proposed for zoning to PUD at a In a PUD District, buildings or structures, or
request LUI rating shall contain minimum acreage in land, or water shall be used only for the following
accordance with Tabl e 1 above. Lesser areas than purposes:
those set out in Table 1 may be approved for PUD in
a specific case upon findings by the planning and
development board and the governing body that
particular circumstances justify such reduction, that
the requirements for PUD and the benefits to be
derived from PUD can be met in such lesser area, and
that permitting such lesser area for PUD is in
conformity with the comprehensive plan.
Sec. 6. Unified control.
All land included for purpose of development
within PUD distric t shall be under the control of the
applicant (an individual, partnership, or corporation
or group of individuals, partnerships, or
corporations). The applicant shall present
satisfactory legal documents to constitute evidence of
the unified control of th e entire area within the
proposed PUD. The applicant shall agree to:
A. Proceed with the proposed development
according to the provisions of those zoning
regulations and conditions attached to the zoning of
the land to PUD;
B. Provide agreements, cont racts, deed
restrictions and sureties acceptable to the city for
completion of the development according to the plans
approved at the time of zoning to PUD and for
continuing operations 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 A and B above. All
agreements and evidence of unified control shall be
examined by the city attorney and no zoning of land
to PUD classification shall be adopted without a
certification by the city attorney that such agreements
and evidence of unified control meet the
requirements of these zoning regulations.
K. e Prohibited use. Any structure more than
forty - five (45) feet in height and more l than four (4)
stories. l
i
L. n Home occupations consistent with Chapter
2, Section 11.D. are permitted without the necessity g
of being specified at the time of zoning to PUD. s
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C. Multiple - family dwellings, townhouses,
garden apartments and cluster housing;
D. Private, nonprofit clubs, community
cen ters, civic and social organization facilities;
E. Private parks, tennis courts, playgrounds,
putting greens, golf courses, driving ranges and other
recreation facilities;
F. Public utility buildings, structures, and
facilities necessary to service the surrounding
neighborhood;
G. Houses of worship, schools, nursing homes,
nursery schools, kindergartens and hospitals;
H. “Neighborhood” commercial uses which
are determined at the time of zoning to PUD, to be
compatible with the existing and future de velopment
of adjacent and nearby lands outside the PUD;
I. Other uses of a nature similar to those
listed, after determination and recommendation by
the planning and development board, a determination
by the governing body at the time of zoning that the
use or uses are appropriate to the PUD development.
J. Permitted uses for a PUD District shall be
specified in the application for zoning of land to PUD
classification.
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Sec. 8. Locational standards for PUD's. Sec. 9. Internal PUD standards.
In reaching re commendations and decisions as In addition to the standards set in Section 4,
to zoning land to PUD classification and the LUI Table 1, of these zoning regulations, the following
rating of such classification, the planning and standards apply within a PUD District.
development board and the governing body shall
apply the following locational standards, in addition A. ACCESS. Every dwelling unit, or other use
to the standards applicable to the rezoning of land permitted in the PUD, shall have access to a public
generally: street either directly or via an approved private road,
pedestrian way, court, or other area dedicated to
A. RELATION TO MAJOR TRANSPORTA - public or private use, or common element
TION FACILITIES. A PUD shall be so located as to guaranteeing access. Permitted uses shall not be
major roadways or other transportation facilities as to required to front on a dedicated public road.
provide direct access to it without creating or
generating traffic along streets in residential areas or B. INTERNAL LOTS AND FRONTAGE.
districts outside it. Within the boundaries of the PUD, no minimum lot
size or minimum yards shall be required; provided,
B. RELATION TO UTILITIES, PUBLIC however, that PUD frontage on dedicated public
FACILITIES AND SERVICES. A PUD shall be roads shall observe front yard requirements in
located in relation to sanitary sewers, water lines, accordance with the zo ning district the PUD use most
storm and surface drainage systems, and other closely resembles and that peripheral yards abutting
utilities systems and installation s so that neither other zoning districts shall be the same as required in
extension nor enlargement of such systems will be the abutting zone.
required in manner, form, character, location, degree,
scale or timing resulting in higher net public cost or C. OFF - STREET PARKING AND
earlier incursion of public cost than would REQUIREMENTS. Off - street parking shall be in
development in forms permitted und er existing accordance with the off - street parking requirements
zoning in the area. within Chapter 2, Section 11.H
Such PUD's shall be so located with respect D. COMMERCIAL STANDARDS. Com -
to necessary public facilities (e.g., schools, parks, mercial uses located in a PUD are intended to serve
playgrounds) as to have access to those facilities in the needs of the PUD and not the general needs of a
the same degree as under existing zoning, and shall surrounding area. The maximum area within a PUD
be so located, designed and scaled so that access for which may be devoted to neighborhood commercial
public services is equivalent to, and net cost for the uses, including required off - street parking
services under existing zoning. requirements, is governed by Table 1, Section 4 and
Section 9C. Areas designated for commercial
C. PHYSICAL CHARACTER OF THE SITE. activities shall not generally front on exterior or
The site shall be suitable for development in the perimeter streets, and shal l be preferably centrally
manner proposed without hazards to persons or located within the project.
property, on or off the tract, from probability of
flooding, erosion, or other dangers, annoyances, or E. UNDERGROUND UTILITIES. Direct
inconveniences. Condition of the soil, groundwater residential and/or consumer service should be by
level, drainage and topography shall all be underground installation to the maximum extent
appropriate to both kind and pattern of use intended. practicable. However, primary service to a general
geographic area ma y be overhead. Appurtenances to
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these systems which require aboveground installation b. Scale, date, north arrow and
shall be effectively screened, and, thereby, may be general location map;
excepted from this requirement. Primary facilities
providing service to the site of the PUD may be c. Boundaries of the property
excepted. involved, all existing streets, buildings, water courses,
easements, section lines and other existing important
F. RIGHT - OF - WAYS. The minimum width physical features in and adjoining the project;
of a right - of - way in a PUD is forty (40) feet. In the
event of a conflict with this section and any other d. Master plan locations of the
provision of the City's Land Development different uses proposed by dwelling types, open
Regulations regulating the w idth of right - of - ways, spaces designations, recreational facilities,
this section shall prevail. commercial uses, other permitted uses, and off - street
(Ord. No. 99 - 17, § 1, 6 - 15 - 99; Ord. No. 01 - 10, § 3, 2 - parking and off - street loading locations;
6 - 01)
e. Master plan showing access and
traffic flow and how vehicular traffic will be
Sec. 10. Procedures for zoning of land to PUD. separated from pedestrian and other types of traffic;
The procedures for zoning of land to PUD f. Tabulations of total gross acreage
classification with a specific LUI rating shall be th e in the development and the percentages thereof
same as for zoning land generally. Because of the proposed to be devoted to the several dwelling types,
differences between PUD developments and the other permi tted uses, recreational facilities, streets,
concept of unified control in development, however, parks, schools and other reservations;
the following procedures and requirements shall
apply to applications for zoning to PUD g. Tabulations demonstrating the
classification, in addition to the general requirements: relationship of the development to proposed LUI
rating as shown in Table 1, Section 4, and proposed
A. APPLICATIONS; MATERIALS TO BE numbers and types of dwelling units ; and
SUBMITTED. In addition to information required
for application for zoning generally, the applicant h. Where required by the area
shall submit the following materials or data: planning board, an environmental impact study shall
be supplied.
1. Legal documents assuring unifi ed
control of the proposed PUD and the agreements 4. A statement showing modifications of
required under Section 6. zoning or other applicable city regulations where it is
intended by the applicant that such modification
2. A statement as to the LUI rating ser ves the public interest to an equivalent degree.
sought for the PUD and such supporting evidence or
documentation as the applicant may feel is pertinent B. PROCEDURES. On application for zoning
to enable the planning and developmen t board and of land to PUD classification, the planning and
the governing body to determine whether or not the development board and governing body shall proceed
LUI rating requested is reasonable and proper. in general as for other applications for zoning of land
giving s pecial consideration, however, to the
3. A site development plan containing: following matters and requirements, and allowing
changes in the zoning application prior to the required
a. The title of the project and the planning and development board public hearing, as
names of the professional project planner and the follows:
developer;
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1. Pre - hearin g conference with a. The requirements of unified
applicants. On request by the applicant, the city control and agreement set out in Section 6;
planning consultant and representatives of such other
city departments as may be pertinent, shall meet with b. The locational standards set out in
the applicant or his agent to review the original Section 8;
application, including all pl ans, maps and documents
submitted by the applicant. The purpose of such pre - c . The internal PUD standards set out
hearing conferences shall be to assist in bringing the in Section 9;
overall petition as nearly as possible into conformity
with these or other regulations applying generally to d. The tract for the proposed PUD is
the property in volved and/or to define specifically suitable in terms of its relationships to the city
those variations from application of general comprehensive plan and that the area surrounding the
regulations which appear justified in view of proposed PUD can continue to be developed in
equivalent service of the public purposes of such coordination an d substantial compatibility with the
regulations. PUD proposed, including overall dwelling unit
density and peripheral transitions in such density;
In the course of such pre - hearing
conferences, any recommenda tions for changes shall e. That the desirable modifications of
be recorded in writing and shall become part of the general zoning or PUD regulations as applied to the
record in the case. All such recommendations shall particular case, justify s uch modification of
be supported by stated reasons for the proposal for regulations and meet to at least an equivalent degree
change. The applicant shall state in writing his the regulations modified, based on the design and
agreement to such recommen dations, or his amenities incorporated in the site development plan;
disagreement, and if there is disagreement, shall in
writing indicate his reasons therefor, and such f. That increased open space is
responses by applicant shall be included in the provided for the occupants of the proposed PUD and
record. the general public, and desirable natural features
indigenous to the site are preserved in the
At such time as further conferences development plan presented.
appear unnecessary or at any time on the re quest of
applicant, public notice shall be given and the hearing C. CONDITIONS AND STIPULATIONS. In
before the planning and development board held as recommending zoning of land to PUD classification,
for other applications for zoning, but the notice and the planning and development board m ay recommend
hearing shall be on the petition as it may have been and the governing body may attach suitable
amended following the pre - hearing conferences conditions, safeguards and stipulations, in accord with
rather than as originally submitted. standards set out in these zoning regulations and in
this section. If the preliminary development plan and
2. Planning and development board final development plan as set out in Section 11 below
findings and recommendations. After public hearing, has not been commenced within eighteen (18) months
the planning and development board may recommend of the date of zoning of land to PUD, then the
to the governing body that the PUD zoning be approval of rezoning shall be subject to review by the
granted, subject to sta ted stipulations and condition, City Commission. The City Commission shall direct
or disapproved. In making its recommendations, the staff to submit to the City Commis sion an application
planning and development board shall find that the which will down zone the property to the original or
plans, maps and documents submitted by the appropriate zoning district. Following such direction
applicant and presented at the public hearing do or do by the City Commission, no new development
not establish that the applicant has met the permits affecting the property shall be issued by the
requirements of Section 4 of these regulations city until a final determinati on is made by the City
applicable to zoning generally, and in addition:
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Commission following notice and public hearing. D. TABULATIONS analyzing the number of
Upon written request of the applicant prior to the total gross acres in the proj ect and the percentages
expiration of the PUD classification, the City thereof proposed to be devoted to the several dwelling
Commission may extend for one (1) a dditional year types, other nonresidential uses, off - street parking and
the period for commencing platting procedures. In off - street loading, streets, recreation areas, parks,
granting such extension the City Commission may schools and other reservations. Tabulations of total
impose additional conditions to ensure completion of number of dw elling units in the project by types and
the platting process and conform the project to the overall project density in dwelling units. These
current development standards, and to pro tect the tabulations shall demonstrate relationship to the LUI
health, safety and welfare of adjacent developments. rating, Table 1, Section 4 of these zoning regulations.
If the preliminary development plan and Once preliminary development plan and plat
final development plan as set out in Section 11 below approv al has been obtained the applicant shall
has not been commenced within eighteen (18) proceed in accordance with the requirements of the
months of the date of zoning of land to PUD, then the subdivision regulations, determined to be applicable.
PUD classification and LUI rating shall revert to In addition to the plat certificates specified in the city
original or highest zoning. A new plan approval shall subdivision regulations and prior to recording a f inal
be required with procedures as for a new application plat, the developer shall file, as specified at the time
for zoning (including payment of fees) and no such of zoning, a legally constituted maintenance
new application shall have the effect of incre asing the association agreement for improving, perpetually
LUI rating as previously applied. operating, and maintaining the common facilities;
including streets, drives, parking areas and open
space and recreation facilities; or he shall file such
Sec. 11. Preliminary and final development documents as are necessary to show how the said
plans. common areas are to be improved, operated or
maintained. Such documents shall be subject to the
Plans for development of land zoned to PUD approval of the city attorney.
shall be processed in accordance with procedures (Ord. No. 96 - 52, § 1, 1 - 2 1 - 97)
established in the city Land Development
Regulations. The same in formation and date shall be
in substantial compliance with the site development Sec. 12. Plan modification.
plan submitted as a part of the application for zoning
to PUD. In addition to the requirements of the Land Master plans approved during the process of
Development regulations determined to be rezoning to PUD may be considered for modification
applicable, the following i nformation shall be upon application to the director of planning and
provided: zoning, submission of acceptable documentation, and
payment of the master plan modification fee. The
A. BUILDING LOCATIONS AND modification will be first reviewed by the planning
ARCHITECTURAL DEFINITIONS of all structures and zoning department to determine whether the
proposed except for single family homes which are a modification is consistent with not only all current
part of the project shall be depicted on the regulations but also the intent and purpose of the
preliminary plan or plat and the supplementary comprehensive plan; and t o determine whether the
materials required. change is substantial.
B. MASTER LANDSCAPE plan depicting Upon completion of the administrative review,
existing and proposed vegetation and locations findings will be forwarded to the planning and
thereon on the site. development board which will review all submitted
documents as well as staff comments with all the
C. FENCE, WELL AND PLANTING authority, func tions, powers and duties vested in it by
SCREEN locations, heights and materials.
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Chapter 1.5, Article I, Section 4 of the Land
Development Regulations.
The planning and development board shall
recommend to the City Commission that they
approve the modific ation unconditionally, approve
the modification with conditions and/or
recommendations, or deny the modification. The
board shall also recommend to the City Commission
that the modification be considered either major or
minor.
Upon completion of the pla nning and
development board review, findings will be
forwarded to the City Commission. The City
Commission will first determine whether the
modification is major or minor. If the Commission
finds the modification to be major, the request will be
returned to the applicant for processing as a new
zoning application. The determination of what
constitutes a substantial change shall be at the sole
discretion of the Commission. If the Commission
determines that the modification is minor, it will
review all su bmitted documents as well as staff
comments and planning and development board
recommendations. The City Commission may then
approve the minor modification unconditionally,
approve the minor modification with conditions, or
deny the minor modification.
Non - substantial (minor) modifications will not
extend time limitations for development of property
as stipulated in LDR Chapter 2, Section 9, paragraph
C13.
(Ord. No. 96 - 52, § 2, 1 - 21 - 97)
Sec. 13. Zoning administrator.
Building permits. No building pe rmit or
certificate of occupancy or zoning compliance shall
be issued in or for development in a PUD district
except in conformity with all provisions of the zoning
or PUD classifications and plans submitted under
Section 11 of these zoning regulations.
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